p.m. Monday August 15 and certainly want to welcome all of you that are present this evening I was just sitting here I don't think it's ever been this quiet in the chamber for such a long period of time for so many people but certainly we want to welcome all of you that are here with us this evening if we could just take a moment for solid meditation please. Thank you. I'd like to recognize Councilman Eddie Davis. Thank you Mr. Mayor we're going to be led to the pledge of allegiance by youth commissioner Fike and youth commissioner Brown. I'm clerk will you call the roll please. Mayor Bell present Mayor Pro Tem Cole McFadden, Councilmember Davis, Councilmember Johnson Councilmember Moffitt, Councilmember Reese and Councilmember Shul. We have several proclamations this evening. I will introduce the first and then I'd ask the mayor Pro Tem if you would join me for the second one. The first speaks to national recovery month proclamation. Mr. Robert Davis chair person for recovery community of Durham present whereas behavior behavioral health is now recognized as an essential part of one's overall health and well-being. Whereas the cause of not encouraging mental health and substance use recovery is significant for individuals, families, neighborhoods and the community at large. Whereas people in recovery strive to achieve healthy lifestyles, stable homes, meaningful daily activities, stronger neighborhoods and contributing positive ways to the larger community. Whereas 2014 community health assessment conducted by the partnership for a healthy Durham found that addiction to alcohol, drugs and medication medication was identified by Durham residents as the number one health problem. Whereas according to the Centers for Disease Control, opioid overdoses hit a record high in 2014 of 47,000 deaths nationwide, including 1358 in North Carolina. Whereas SAMHSA reports that the 2014 43.8 million adults experienced mental illness and only 14.6 received mental health treatment and another 22.7 million adults were in need of substance use treatment while only 10% received treatment. Now given these statistics we must strive to reduce the stigma, shame and embarrassment associated with behavioral disorders and learn to view them as we would any other medical condition. Whereas to help more people achieve and sustain long-term recovery, US Department of Health and Human Services, the substance abuse and mental health services administration, the White House Office of National Drug Control and the recovery community of Durham invite all residents of Durham to participate in National Recovery Month. Now therefore I, William V. Bellbell, Mayor of the City of Durham, North Carolina, do have our proclaim the month of September 2016 as National Recovery Month in Durham and hereby urge all residents to observe this month with appropriate programs and activities and ceremonies to support this year's theme. This year's theme is Join the Voices for Recovery, Our Families, Our Stories, Our Recovery. I witness my hand, Court President of the City of Durham, North Carolina. This is the 15th day of August 2016. I'm going to present this to Mr. Thomas for intercomments that he may have and to introduce those that are with you. I want to thank Mayor Bell and the City Council for supporting National Recovery Month and for their ongoing support for recovery in Durham. The recovery community of Durham is a group of volunteers that work together to provide recovery events to reduce the stigma and shame and embarrassment associated with brain disorders. We also want to promote the fact that people do recover in Durham. Yes, that does happen. And we also are trying to achieve parity with physical health disorders. Brain disorders should not be a criminal justice problem, it should be a public health problem. And I wanted to relate one of the statistics that Mayor Bell mentioned that in 2014, approximately 20 million individuals, 12 years of age or older, were in need of substance abuse treatment and only about 10% actually received treatment. I think for mental illness, it's 14 to 20%. But where is the outrage? Why aren't people outraged about that? Let me turn that around for you and say that, let's say there's a chronic but manageable disease, and we'll call it diabetes. And if I said only 10% of the people who need treatment for diabetes received it, I think people would be outraged. They'd be saying, we have got to do better than that. Think of all the problems that will develop the blindness, loss of limbs, all the health problems. That's a manageable disease. We've got to do better than that. We don't seem to have the same urgency when it comes to brain disorders. Now, we all know what addiction looks like. That's what we see on the news. We see Hollywood starlets passed out in nightclubs or guys running into bus stops or people driving the wrong way on the 40. What we don't see are the faces and voices of recovery. And that's what we're what we're here to promote. And I'd like to introduce you to some of those voices right now. Good evening. My name is Paula Harrington. I'm a woman in long term recovery. And that means that I have not had a drink or drug since April 26 1998. But what's most important about that is that we have to look at this as a disease. As a result of me getting clean and sober and having recovery in my life, my daughter is a lawyer. She graduated from UNC Chapel Hill. I retired from UNC Chapel Hill three years ago as HR facilitator. I have a daughter that went to North Carolina State. That is a research engineer from Merck. I have a son that went to Wake Forest, and he's a minister, and he also teaches in college. But the important thing is we do recover. What we need is people to support us to help mentor us to give us the information and the time and the places and the treatment and the resources so that we too can recover. This is a disease that can affect anybody.  I actually work with Oxford houses, too, which are recovery houses for people seeking long term recovery in this peer run. And I also open the first Oxford House for college students, which is in Chapel Hill, North Carolina. So we do recover. Good afternoon, everyone. My name is Cynthia West, and I am a person in long term recovery. And what that means is that I have 18 years of total abstinence. I have been clean since 1998. And I am honored to be here. But what's most important to me is something that Ms. Paula said we do recover. But what's also important is that the family has to recover as well. We have to get the whole community involved when it comes to the disease of addiction because that's what it is. It is a disease. It is not curable, but it is treatable. And here in the city of Durham, we have so many facilities, but we need more support with people that believe that people can recover. There's such a stigma with that. There are so many professionals in the business that are in recovery, but due to the stigma, we won't come out and talk about it because of that. Because society say we do not recover, but yet in steel, I beg the different. Please come out and support recovery community of Durham. We have a big celebration in September. We look forward to seeing you all. Thank you. Hi, I'm Randy Tucker, and I'm in long term recovery. I have 27 years of not using alcohol or drugs. And being in recovery is basically giving me my life back. I've been able to be a parent to my children.  I've been a part of my community in my church. And recovery is happening all around us. And recovery month is a chance to see that people do get better. People are recovering. And the recovery community of Durham is part of a new wave of community based assistance for people. And so we would love to see you in September. Thank you. And just to reiterate what Cynthia said, we are planning a recovery celebration for Durham, September 10. That's a Saturday at Durham Central Park from two to 6pm. Everyone is invited. We are there to celebrate people in recovery. But we also want to see people who may be interested in recovery, people who are friends and family members of people in recovery, but also the larger community as a whole. We are not really going to improve this situation unless the community begins to understand that this is an illness and it can be treated. And people should not be stigmatized or made a shame of the fact that they have this disease. And if they get support from the community, then they're much more likely to move forward into treatment. So bring you lawn chair. We're going to have a 20 piece jazz band. We're going to have a speaker from SAMHSA. Oh, and we also are going to have a visit from some folks in Durham, UK. They're traveling over here from Durham in England, our sister city, to talk about recovery and how that's going in Great Britain. And we have food activities for the kids. It's going to be a great time. So bring you lawn chairs and come and celebrate with us. Thank you. Good evening, everyone. Good evening, everyone. Thank you very much. I am honored to present this proclamation of Women's Equity Day. Thank you, and it reads, whereas in 1848, women of the United States began organizing peaceful protests for their right to fully and equally participate in workplaces, libraries, organizations and public facilities, as well as the right to vote and participate in government. And whereas on August 26, 1920, the 19th Amendment was certified securing women the fundamental right to vote some women. And whereas in 1971, Congress designated August 26 as Women's Equality Day to serve as a symbol of the ongoing fight for equal rights and whereas women play a critical role in families, the workplace and in society as a whole, contributing to our economy and advancing our nation. And whereas Women's Equality Day celebrates the achievements of women and pays tribute to all those who fight for their progress and whereas Women's Equality Day is an opportunity to recognize the advancements and women's rights and to recommit to the goal of equality. Now, therefore, I will be billed the greatest mayor in the whole wide world, mayor of the city, you may give me a plus for that, a mayor of the city of the greatest city of Durham, North Carolina, do hereby proclaim Friday, August 26, 2016 as Women's Equality Day in Durham. And hereby urge all citizens to take special note of this observance, and it is signed by William V. Bilbell, mayor. And I am presenting this to one of the greatest women in this whole wide world, Gloria Del Compost. Thank you so much, Ms. Koran, the city council. Oh, wow, she said it exactly all what Women's Equality Day means for all of us women here in Durham, North Carolina. I want to accept this proclamation on behalf of all women here, and all men that are fighting with us. On behalf of this, I'm accepting this for the leaders that fight with me here and that are not here. And I would like to acknowledge that August 26 is our day, ladies. We have to stand up for that day because we are still struggling each and every day to make sure that women's equality and women's rights are to be heard. So join me and the rest of my leaders and friends and family on Women's Equality Day to celebrate that is all called our day. Celebrate that day for us. I want to thank the city of Durham and the city councilmen for actually giving me this proclamation on behalf of this proclamation on behalf of all women. Thank you. Next, we have the opportunity and pleasure to induct 30 young leaders of today and tomorrow into the Durham Youth Commission. Some of you, while earlier, probably met some of them down in the city hall lobby as part of the reception. This is a very, very important task. Obviously, we as members of the city council, depending on input from several sources as we try to formulate policies and set policies for this community, not the least of which is our young people. I challenge them each time we have an opportunity to swear them in, to bring us some of the things that they think we ought to be doing. We might not agree with everything that they present, but we certainly are open to hearing what they have to say. So again, I'm going to offer that challenge again to these young people who are going to be inducted. And I want to congratulate you not only because of what you've done, but you've taken time to do this. Nobody is forcing them to be a part of this. They've been selected. And we look forward to great things from them. So I'm going to introduce Ms. Evelyn Scott for comments. She's the director and heads this on a day to day basis for the young people. Thank you. Good evening. Again, thank you, Mayor Bell, for introducing members of the Durham Youth Commission. We too are very excited about this year that we have before us. And to the parents, we just want to say you don't have to worry. We're going to take very good care of your children. We just ask that you assist by making sure that they, you know, stay true to the commitment. This is a one year term. We have a lot of work to do here in the city of Durham and with your support and with the support of the elected officials as well as the city manager and the city manager's staff, we can get the job done. Without further ado, we're going to have each student come up and introduce themselves. They're going to tell their name, their school. If they are a returning member, they will note that as well. But I could not leave the stage without again saying thank you. Thank you to our parents, guardians, friends, my daughter, who is a very, very big supporter of the work that we do and a big volunteer. Anyone who has had anything to do with them being here tonight. Thank you. My name is Kayla Beckett. I'm a sophomore and I go to Josephine Dobs, Clement Early College. Hello, my name is Jason Belchon and I'm a 10th grader at the City of Medicine Academy. My name is Buddy Balmzee and I'm a 10th grader at Riverside High School. My name is Timon Brown. I'm a returning member. I'm a junior at Southern. My name is Iitika Faison. I'm a senior at Heelside New Tech High School and I am also a returning member. My name is Kenece Fike and I'm a senior at Middle College High School. I am Jolissa Garcia, a returning member of the Durham Youth Commission and I attend Middle College High School and I'm a senior. My name is John Jernigan. I'm a senior at Jordan High School. My name is Emily Cohn. I am a sophomore at Durham Academy. My name is Miles Others. I'm a rising sophomore at Southern High School. My name is Will Goodman Soar. I'm a 10th grader at City of Medicine Academy. My name is Kayla Moore and I'm a sophomore at City of Medicine Academy. My name is Sirik Patterson and I'm a sophomore at Durham School of the Arts. I'm Isaac Atkins-Puicy. I'm a returning member and I'm from Carolina Friends School. My name is Natalie Perkins. I'm a junior at Heelside High School. My name is John Pachello and I'm a 10th grader at Jordan High School. My name is Eleanor Shultek and I'm a junior at Durham School of the Arts. My name is Witnessa Taylor and I'm a junior at Jordan High School. Hello. My name is Deanna Thompson and I'm a senior at Heelside High School and I am a returning member. Hello. My name is Olu Toyantosh and I'm a senior at Camelot Academy. Good evening. My name is Jenny Uba and I am a sophomore at City of Medicine Academy. Good evening. My name is Jessica Uba and I'm a sophomore at City of Medicine Academy. My name is Balmini Volonki and I'm a junior at Durham Academy. And we do have a few members that could not be present with us tonight who will take the oath at another time. At this time we will have the oath of office by City Clerk Anne Gray. I need each of you to raise your right hand and repeat after me. I do hereby solemnly affirm that I will support and maintain the Constitution and Laws of the United States and the Constitution and Laws of North Carolina not inconsistent their will and that I will faithfully and impartially discharge the duties of my office as a member of the Durham Youth Commission. So help me God. Let me ask while the persons are leaving the chamber if there are any announcements by members of the council recognize Mayor Pro Tem, Councilman Reese. On Saturday afternoon I went to an East Way Village Community Day and Mayor Bell I really reflected on that space because had it not been for your vision it would not be the place that it is now. It is a beautiful beautiful community and they all are enjoying it. So they had a wonderful day there. And what is so special about it is that some of the people who had to move out were able to come back and they made that very clear. So it was a beautiful beautiful event and I'm glad I was invited. The food was delicious as well. Thank you. Recognize the Councilman Charlie Reese. Thank you Mr. Mayor. As you know it's my practice periodically to highlight the outstanding customer service of some of our city employees who I believe are some of the finest city employees in the country. Today I wanted to lift up our transportation department and the way that they responded to one of our Durham residents who reached out to me last week with a concern about streetlights at a particularly busy intersection here in the City of Durham. We have a mechanism as members of the City Council to forward a constituent request of this kind to the City Manager's Office who then makes sure that the appropriate member of the city staff takes a look at it and addresses it. And I did that last week. The appropriate person responded to this Durham resident that day and then proceeded to do some research about that particular intersection and then had a phone call with the constituent earlier today that she, this Durham resident, referred to as outstanding customer service. And he's even, and speaking with me about it, used the word delightful. I just want to lift up Terry Thompson who's the member of the city staff who has been working on this issue and apparently is working with the state of North Carolina to try to improve the lighting at this particular intersection and just say again how hard our staff work for the people of this city and how truly grateful I am to have them working on our behalf. Thank you. Thanks, Charlie. Are there any of the comments? Can I ask the mayor for a term? I think Tom, it's time for us to proclaim City of Durham Employees Day. We haven't done that in a couple of years. So just tell me when and we will do that. I mean every day is City Employees Day for me, but we need to proclaim it because they're doing outstanding job. We will have prior times by city manager first. Thank you, Mr. Mayor, members of council. Good evening, everyone. It's my pleasure this evening to welcome and introduce to you the city's new Director of Transportation, Mr. Terry Bellamy. Terry, if you could stand and be recognized. Today's Terry's first day on the job. Terry comes to us from the city of San Antonio, Texas, and many other stops along his very decorated career in public transportation. So Terry, welcome. I look forward to having you meet the council when you get a chance and having you follow up with the great things the department transportation provides our community. I don't guess we needed a motion to accept that. Next, I recognize the city attorney. Thank you, Mr. Mayor. No priority items. Likewise, City Clerk. No items, Mr. Mayor. We'll proceed with the agenda that's printed. First, consent agenda items and consent agenda can be approved for a single vote by the council unless the council member removes an item or someone in the public removes an item and we'll discuss that item later in the agenda. Item two is Durham Bicycle and Pedestrian Advisory Commission reappointments. Item three is the workforce development board appointment. Item four is the Human Relations Commission Appointment. Item five is the Durham Historic Preservation Commission Appointment. Item seven is the ward of construction contract to instil form technologies, LOC for curate and place pipe installation and manhole repairs for 2016. Item eight is an ordinance amending chapter 70-50 capital facility and service area fees for water and sewer connections. Item nine is downtown parking garage project environmental geotechnical special inspections and construction material testing contract with Falcon Engineering Inc. Item 10 is downtown parking garage project construction manager at risk CMAR contract for pre-construction services with Balford BD construction LOC. Item 11 is downtown parking garage project design contract with little diversified architectural consulting little. Item 12 is the land lease between the city of Durham and Duke University. Item 13 is US Department of Housing and Urban Development Partnership initiative grant 2016. Item 14 is authorization of intergovernmental agreement with the US geological survey for operation and maintenance of the city of Durham rainfall and stream flow network FY 2017. Item 15 is CIP ordinance amendment for Emmer Woods Orchids subdivision field development reimbursement. Item 16 is physically of 2017 interlocal agreement with Durham county for the purchase of sodium chloride. Item 17 is munis software annual support and license agreement for 2017. Item 19 items that can be found on the general business agenda. Items 20 through 21 items that can be found on the general business agenda as public hearings. Entertainment of motion for approval of consent agenda items. Second. It's been a problem to move the second. Madam clerk we open the vote. Close the vote. It passes seven is zero. We move to the general business agenda. Item 19 is 2016 second quarter crime report presentation and recognized Chief Davis. Good evening everyone. First of all I want to. Say that I'm very happy that someone else is the new kid on the block now. Welcome Mr Bellamy. And I'd also like to take a quick opportunity to thank city council. Mayor Bill Bell. Tom Bonfield your team our city attorney. For helping me to transition into my new role here in the city of Durham. You have been receptive. You have been. Open and you have made my way. That much easier especially in an environment where not only am and I in a new work environment but also during being my new home. So I wanted to take this opportunity to say thank you. To each and every one of you. So. The report that. That I'm sharing with you today. Is a two thousand sixteen second quarter report which covers the first six months. Of two thousand. Sixteen. The quarter report covers our department six performance. Measures violent crime property crime. Part one index crime. Clearance rates response times priority one calls. And staffing levels. The accompanying report that you all have already received. Is a more comprehensive report of other activity that the department has been involved in over the last quarter. So I'd like to start with part one crimes. Part one index crimes between January and June two thousand sixteen. Property and violent crimes part one index crimes overall are down ten percent. For the first six months a significant decrease. Has occurred in burglaries aggravated assaults and larcenies. Reported crime was down in three categories. Property crimes. Made up eighty one percent. Of all part one crimes. During the first six months of the year. Larcenies made up more than half. Fifty five percent. Of all of our part one crimes. Part one violent crime. There's been a slight decrease in violent crime and when I say slight it's only. Less than one percent. But we're going to claim that. And actually the- less than one percent. Is the first decrease that the department has said since the fourth quarter of two thousand thirteen and violent crime. We're not ready to celebrate that yet. We will continue to work in and- employee strategies that are effective. In various crime types and in crime areas. And we will work to push that number. Down even further. The final results are included in your executive summary as well initiatives. Focus on twenty three people. Believe to be involved. In various violent crime activities. Some highlights from our initiative are ninety day initiative included. Forty five guns confiscated more than twenty four hundred warrants were served. And more than eighty two hundred. Foot and directed patrols were conducted during this period. We believe that the foot beats in the visibility in the reallocation of manpower. Has made a significant difference in the numbers of aggravated assaults and violent crimes that we've seen. In the area. We are continuing to gather available intelligence about shootings and to focus on areas where shootings have occurred. And also the individuals that seem to resurface on the radar that. Are committing violent crimes in our area. We suspect that. Gang activity is associated with much of the violent crime that we're seeing. And we are dedicating resources to. Gang intervention. Not just from the educational standpoint but we're also looking at identifying investigators. To specifically deal with the intelligence of gang related activity in the nexus that not just. Is a parent here in the Durham area but also in Raleigh and in other areas that are experiencing gang activity. So part one violent crime. Here's our chart. As you can see. For two thousand fifteen to sixteen categories are up however overall and there's where my one percent is in violent crime totals. One crime separates us. Excuse me to crime separates us. From being up in violent crimes. Robberies over the last twenty five days have declined. We had an uptick in robberies around the first of June. We put in this ninety day. Detail reallocated manpower. Identified heat officers to respond to calls for service and we really believe that that extra manpower that extra visibility and having those officers respond to calls for service added that that extra presence to help suppress some of the crime. Specifically dealing with robberies and aggravated assaults. Our aggravated assaults were down during the first six months. The number of victims was down by nine percent and the number of actual incidents down by seven percent. And I think this information is just so that folks understand that you see our crime numbers. If one person is- a victim of an aggravated assault it counts as one aggravated assault. If seven are at one incident or one case then a seven separate aggravated assaults. To help clarify. Numbers the number of multiple victim incidents has been down by ten percent. In two thousand sixteen. Property crimes. Property crimes is was down by twelve percent during the first six months. We believe that the decrease has been driven by a significant twenty nine percent drop in our burglaries. Which is. Down more than it has been I believe in about ten years for burglaries. Some of the decrease in burglars may be the result of increased staffing. Funds were provided for overtime which we utilized in that ninety day detail. The use of next door to help generate communication with our community members and get information. From the community has also been very helpful for us to identify individuals that- might be in places that they don't need to be. Our community members when they call us we have officers to respond to those locations. During the summertime it is- not uncommon for burglaries to go down because people are at home. And young people are at home and not in school. So- burglars have a tendency to sort of decrease during summer months as well. Part one property crimes these are the numbers for our property crimes as you can see. Two thousand fifteen to sixteen. Numbers there's a twenty nine percent decrease in burglaries a six percent decrease in larcenies. Our motor vehicle thefts is at eight percent in our overall property crime is down. By twelve percent. Clarence rates. Happy to report that our clearance rates are up. In every category with the exception of rates. And significantly up in several categories- compared to the FBI. Two thousand fourteen clearance rate report the two thousand fifteen report is not out yet. But we are very happy that we are clearing up cases- even faster than we did last year. And with more success- from two thousand fifteen numbers. Priority one calls for service. Response times from January to June. Our average response times are six point twenty five minutes. Our goal or target response time is five point eight zero minutes. A priority calls responded in less than five minutes was at fifty one percent. We are continuing to look closely at- the calls for service. The beats that may have more calls for service our manpower our staffing issues. In supervisory oversight. To make sure that officers when they receive a call. That they respond to the call in a timely fashion. And once they get to the call that they pull in. I think- just the information in the messaging to our officers. To let them know that. It's important. That you respond to your calls within a certain amount of time. However some areas of the city I've found. Geographical locations are a little bit more difficult to navigate as well. But we believe that some of the reallocation of manpower and moving folks around so that we don't have officers responding to calls off of their beats will be- will help us to improve these numbers as it relates to calls for service our target is. Fifty seven percent but I believe we can probably do better than that. So our staffing numbers. Our sworn staffing numbers for the quarter is at ninety eight percent that were filled. Five hundred and twelve were authorized five hundred and one at the end of the quarter were filled however at the beginning of July. We have the new fiscal sixteen twenty vacancies so now we have. Twenty vacancies at this particular time we have eighteen recruits. In class and we plan to- step up. Our recruitment efforts so that we can fill these twenty vacancies. During the fiscal year sixteen. These and more. So a non sworn- positions eighty nine percent are filled hundred and twenty five are authorized. One hundred and eleven actual vacancies are filled most of these positions. Our positions in records. And also in forensics. So some of our highlights we did graduate a class- class number forty three graduated a few weeks ago thank you for those of you who attended that graduation it was a very special graduation for this- this- group of- men and women and they look forward to being out on the street in the next few weeks. Second quarter highlights of course I was sworn in so I'm here. And that I ninety day crime initiative took place we had two hundred and forty five individuals that entered the diversion program that's really exciting- the department had their service awards- and community recognitions right here in this room- numerous job fairs and community events were attended- the great camp had two sessions that began I believe one is still ongoing. We had a youth basketball tournament and many many more- activities. We participated in community prayer visuals in light of the national climate and the many incidents that are occurred- in Orlando and Minneapolis and across the country- we were impacted here as well- we participated in several community police discussions. Many panel discussions and forums and church- meetings and panel discussions as a matter of fact council member Davis and I- shared a panel discussion at a local church but these have been meaningful- opportunities for the police department and an opportunity for us to express our concerns. As- related to what we see around the country. Radio interviews and of course national night out was a fun night for everyone- had an opportunity to meet- many city leaders- many community members had several individuals from the community that wrote on my van I know that- many of of you here participated in national night out. She was a sweetheart. And then our social media. We are looking- to expand our social media reach as we try to to sort of brand our department and the many initiatives and- and positive- activities that were involved in- I think that social media platforms are a great way for us to extend ourselves to the community real time. And- encouraging our officers to use Twitter- and- as a matter of fact we are. Looking at- initiating a Twitter- campaign and having our officers to tweet and. Let folks know what the Durham police department is doing. And with that. I am open for discussion and also for questions. Before I- take questions I would like to thank my staff who is here tonight- deputy chief Rick Pindagrass who has been recently promoted to deputy chief. Who is- who is now over operations and who has- jumped in feet first and has really been very helpful. In helping me to know Durham and to attack some of the crime problems that we have. And also- chief marshes well- chief marshes over support operations. And he has also been a very very strong leader in the police department. Our assistant chiefs are here as well stand up y'all stood up mighty slow over there. And of course I want to recognize will Glenn as well who is the manager over- public affairs who helped put this information together thank you will. He's certainly a value to our team. So at this time I'd like to take any questions that you may have. Thank you chief thanks for the report your first report and sure we're hearing many more but- let me recognize the mayor pro tem. Councilman market councilman school. Councilman Davis in that order. Good evening chief that sounds so good- I am so glad you are here thank you I am so glad you're here- who knows but you will call to the kingdom for such a time is this. You know where that comes from yes. I feel your energy myself. And so I'm sure that- the department is filling it too and we'll give you all the support you need. Congratulations Rick Rick is my son's classmate I'll let Larry know. That you're doing great things for the city- I'd like to thank the police department for all that you're doing I have read read the warm fuzz is that you shared with us. About the great things that police officers are doing. Well I had seen them doing it. A lot over the years but you never get the press for the greatness. If you get the press when things don't go very well. So thank you for starting that and I hope you will continue that. Thank you. Service is also one of my son's. Classmates and I'll let him know that you're still. I'll stand out of trouble. Congratulations thank you and I named elected to mention also that- assistant chief. Delma Allen who was captain is now assistant chief as well Delma we stand up. He was recently promoted as well. Okay. Yeah yes thanks chief appreciate the report. I had a question about the diversion program. Yes it was just that it was in the chart that's in the long report. It talks about primary secondary and tertiary do you know what those are. By chance actually. I believe that it relates to the charges. Charge that's exactly right then- chief pender grass works very closely with the diversion program. He said it is. The first charge the second charge and that's tertiary would be the third charge. So some of those individuals have more than just one charge okay. Thank you I was- gratified to see we've got two hundred and forty five I understood this or I guess. Two hundred and forty five individuals. That are in the diversion program some some with primary secondary some with tertiary. So I think that's great- I also wanted to just sort of lift up acknowledge the individual. Officers that you highlighted in your report- to reminder that- it's it's not all. It's not always all about- patrol. And to also commend you for the. Recent email that we received that listed a number of commendations from- citizens in the community. Who were- sent you notes of appreciation for what officers were doing so. I this report the long report should be in the agenda packet that's available online to anybody that's watching is interested in it can get it there. The number of- individual officers that are called out for- life saving issues- generally but yes number of different things yes. It was a very very comprehensive report but as you said sir- much of what was in the report that that wasn't shared in my PowerPoint presentation. The many acts of these officers are involved in and I do get- emails on a daily basis and I thought the good works campaign would be a way to share some of that information and get it out so you'll be seeing more of that. Thank you thank you very much. And welcome your first report thank you. Councilman sure. Thank you Mr. mayor. Chief I just want to second all the- appreciation and welcome you one more time to Durham. I think you hadn't been here about two days maybe when the- the shootings in Orlando took place and there was a vigil downtown and you were there. You barely gotten here- chief Marsh was at your elbow I'm sure he was your guide. Yes he was- and I know that several others were chief service was there and others and- so when I saw you there I thought this is a great start and I just want to appreciate you and thank you for the start you are getting we really. You have our full support thank you. Have our full support thank you sir I really appreciate that- and you mentioned several things I was also already going to ask you about the 90 day operation your explanation of that and the- the some of your ideas about why burglaries were down by such a large number which was very impressive and gratifying- and you also mentioned the clearance rates and I just want to say that when I first got on the council which was maybe four and a half or five years ago our clearance rates were higher and they had gone down so it's good to see him going back up again and- I really was really gratified to see that- and- Don has already mentioned the- the figures on the misdemeanor- diversion program and I was I was appreciative of it having those figures included in the- in the report and I know that Jillian had asked about those earlier and so it was nice to see them in this report and I really am glad that they were there. I also really enjoyed reading- I don't know maybe enjoyed the wrong word because these people were in danger but the saving of lives there's so many the the cardiac arrest the people who ran towards a burning vehicle- who saved the this this suicidal teenager. Yes- from jumping off a bridge in these other amazing- things and it was really good to read that and I want to appreciate that- on the- also felt. And I really I hope that our reporters we have three really good reporters here in the room and I hope that they will look at this report and write about some of the courageous actions on the part of some of our individual officers which you detailed- the- the cases of- of again of officers with the courage to move towards. Towards dangerous- a violent situation and danger and to some of them stood out for me officer K.A. schoolie. Of pursuit while shots were being fired in her direction. Sergeant Minor which we just heard about his work apprehending the suspects and the murder of the taxi driver. Was a very courageous when I read about that and I think that I'm especially appreciate that because I know I don't have that kind of courage and I think it takes a special kind of person. To do it officer J.C. by a of a yeah of a yacht of a yacht is life-saving acts at the cost of his own. Safety- so those were really again I hope that our reporters will look at this and because there was a wonderful stories in there of courage. Absolutely and we have talked to our local media and in an effort to establish a- very close relationship. Maybe a different type of relationship even though we know that our media has to report the news we would like to see- some of the good works that the officers are doing the life-saving deeds get out there to the community as well. So that there is a level of balance in our reporting- the officers that are mentioned. In that particular report. It's just one quarter there have been several other emails that have been sent to me about officers that are just out there doing. What it is that the city pays them to do what they have a passion. And in the heart to do so we will be recognizing these officers at the appropriate time as well council member thank you very much for your comments wonderful. The- I wanted to add in chorus already mentioned but just appreciate the motion of Chief Pendergrass. Yes. I think we've all known for a long time what a consummate professional he is and he's been. Part of the backbone of the department and- so when I heard that he had been promoted I was happy- and I think that those of us have been on council for a while I've encountered him in a lot of situations and- I think it's a great- that's good to know thank you. I wanted to something that's not in the report but I wanted to appreciate the learning curve of the department in handling demonstrations and protests- we're in challenging times in that way. And. It is the American way to protest- the black lives matters protests that we have are very important and I support them- and at the same time I know it's trying on the department. And I have appreciated a lot. The way in which the department has grown in its- work. In this way. A couple of years ago we weren't doing as well. But I you know I give. A lot of props to these gentlemen and other people in the department for having done that and and to you this last demonstration I thought on Chapel Hill Street was very well handled by the department I know it took a lot of patience. It was a peaceful demonstration and the department's reaction was peaceful. Well thank you and so I want to. Well we recognize the rights of individuals to express their first amendment rights and- at any particular time that we can see a demonstration where it is a peaceful demonstration we will be in support of it. And that was the posture on that particular day to be in support of the demonstration and- there was very little- interference with the normal day to day activities that were occurring in that area so thank you. Thank you thank you for your leadership. I have a couple of other things that I want to mention that. Or not in your report but. The. One of the things over the last few years that I think the department is not doing as well as we ought to be doing. Is in at least a couple of cases how we have handled. We've had two young men both. Suicidal with guns one with the gun one with looked like a gun and. The family and everyone thought it was a gun. Both of those young men died at the hands of our police officers. After what I would consider a fairly short time of encounter an hour or two. And. I don't blame the individual officers on side in both cases of gun was pointed towards them and they reacted. But I just want to. I just want to foreground for you. This concern because in my mind. Neither Derek Brooks and Levante Biggs were the names of the men. Young men and in my mind neither of them had to die I don't think. We are. Doing what we need to do. In order to. Do our very best in those situations and so I want to just say to you and to the chiefs. That that's an area where I really think we can improve. Absolutely. Loss of life is of a of a concern for. All of us. And I know that not just in this police department departments around the world. And particularly in our country are reevaluating. The manner in which we have encounters the continuum of force. What does that mean and how often do we train our officers as it relates to making those. Quick decisions so. I think training is going to be important for our officers. And. I think that. Just to have that level of oversight and involvement from senior individuals in the field. I think it's going to help us tremendously. But I believe that there is plenty of room for training. Thank you. The. One other area of concern is you know. Chiefs Larry Smith. Commissioned along with Chief Marsh the twilight study that was done. By the Research Triangle Institute. Which showed that we do have discriminatory. Search traffic stops. And that African Americans. Are. Stopped at a disproportionate rate. And that the day of the difference between the daylight hours and the after dark hours was significant and I was really grateful that the department. Took on. That the department commissioned this study and was. Proactive in this but this is a very important concern for all of us because we. Want to make sure that our. Policing is nondiscriminatory and that. Implicit bias which is existing all of us is. Is kept to a minimum in terms of how it operates in our force and so I wonder if you could comment on how what kind of department do. To try to change make changes in this area. Well we can we can do several things as it relates to. Training. There are different types of implicit bias training I know there there has been racial equity training that has been conducted here it as a. Result of. The RTI study. However I think that type of training has to be ongoing. There has to be constant reminders. That. We should be in a culture of intolerance as relates to. Disparate treatment. In. Black brown in light brown communities and that we have to. Pay very close attention to our. Tactics. In how they're perceived by the community. Utilizing data. In intelligence to go after. People who are committing crimes as opposed to. Spreading a broad net. Across the entire community. So there is much that can be done. As it relates to helping the culture to ship. Much of it depends on the leadership. Of the police department. So we have had very long conversations. About what's next. And how do we. Build. An environment of trust. In the Durham police department. Based on our actions based on how we service our communities. And that crime on one side of town. Is no different than crime on another side of town there may be just different types of crimes. But we have to have an even hand on how we enforce law so. There is much to be said. As a person who. Is very concerned myself. About. What it's like for an African American young male. Around our country. And to also educate our community members on what we can do. To keep our young people. In places that they need to be as well we need to work on both sides. We need to work in turn internally in our police departments and we also need to work with our young people in the community. And it has to be a sincere passionate effort to help our young people find alternatives. To crime. As well. Thank you I have one more question which is. Another one of. My concern I think all of our concerns is the effect that a low level marijuana offense and the the. An arrest for that. Conviction for that can have on a young person or on any person. On a lifelong basis potentially. And. There are. And I know that the department has worked to de-emphasize this for some time. And yet we still see a lot of people being arrested or a lot of arrests being made for this and. Interested in your thoughts on that and ways that you think that we can make some changes. I know some of us on the council are thinking about that. But I wondered if you had some thoughts as well that you could offer. Absolutely. We have we actually have. Processes in place now. That police officers can utilize as a practice. To defer individuals. To these diversion programs. Now whether or not they are being utilized. You know.  Is part of what we have to do an analysis of. Not just to analyze the numbers of people that go in the diversion program. That are the officers around. The entire police department referring individuals in the diversion programs. We know that. Most of our young people that are arrested. Are African American young men. Um especially as it relates to small amounts of marijuana. So what we've been doing is looking at the various cases to see whether or not the marijuana. Case is a single. Case by itself. Or is it. In consequence of some higher. Associated crime. Many times it is. Those individuals don't meet the criteria that was set by Judge Maure for. Those types of programs. The other piece to that is that we have to enforce in a way that's equitable throughout. The city. You know. Targeting certain communities.  And our practices. Have to change as it relates to. What our presence looks like. In communities. Having more positive encounters with our young folks as a opposed to hostile encounters. Or our road checks. And things of of yesteryear. Have changed. New contemporary policing is more focused and more concerned. About community policing. And that is the posture that. My philosophy on policing. Is that we have to address. Violent crime. But at the same time. Not at the expense of. Ruining our young people's lives. Because. As it has been discussed in many forums. The. The whole diversion program. Concept. Is one that gives young people another opportunity. But what my responsibility is along with my command staff. Is that we have to make sure. That our officers. Are practicing. As a standard. That process. And making sure that folks that meet that criteria. Are given the opportunity to go into these diversion programs. Chief thank you so much. Those are great answers. And I really appreciate you. Letting me.  It's okay. My questions my my colleagues are used to me. But you're not. But I really I really appreciate. Your answers very much. And again just want to iterate. That. You really. Are off to a great start. And you have our full support. So thank you very much sir. Thank you Mr. Mayor. Welcome. Recognize. Councilman Davis. And then the mayor. Pro Tem. Thank you Mr. Mayor. I'm sorry. Councilman Davis. Yes. Councilman Reese. And then the mayor. Pro Tem. Thank you. Welcome again to. And thank you for all of the things that you've done in a short period of time. Everybody indeed has been. Trying to get the chance to meet you and to interact with you. And I appreciate the program that particularly the program that you mentioned. At Cal's Temple. Amy Zion Church. It's very important I think that. The work that you all have done in this report that accompanies your PowerPoint. Get to be. Gets to be talked about across this community. I think lots of people would be very surprised. Pleasantly surprised. To know about all the wonderful. Awards and work that is being done by lots of the men and women in the entire police department. So thank you for making sure that we got a chance to see all the things. And I'm sure that's not all of the things that. You all are doing. I'm particularly interested in the community policing that you're doing and the outreach that you're making to the community. And would ask the entire community. To reach back. And make sure that. We as citizens work. Directly with the police department to try to make sure that we can prevent. Lots of the issues that lead to. A rest and other kind of things. I think even the. The. Smaller arrest. Lesser arrest that we have in the diversion program. Need these arrests need to be. Delt with in a proactive and a preventative way also so that young people don't ever get a chance to have. A record on their. A blemish on their record that would keep them from being. The people who could be. To being all the all the things that they can be in their own individual lives. So many people aren't able to. Do things because they aren't. They have these blemishes and we need to make sure that we do everything we can to reach out. So thank you so much for everything you've done. And thank you also for agreeing to come to the crime cabinet that will be meeting on. September 9th of this. Yes we look forward to having you there. Thank you. Thank you. Thank you. Thank you. Councilman deans. Councilman Reese. Thank you Mr. Mayor. Luckily for you. My colleague Steve Shul Dr. Shul has already asked all the difficult questions I plan on asking. And so I only get to talk about good things with you. So that's great. But I did want to say I share councilmember Shul's concerns. Particularly in the area of how we handle how our police officers handle the very difficult and dangerous situations involving people that are in crisis. And I know that it's incumbent upon you as the leader of this police department to to try to make sure that our officers have every tool that they need to make sure that those encounters don't end up with fatalities. But at the same time it's incumbent on us as members of this city council who make difficult funding decisions to make sure that we put the resources in your hands to make sure that your officers have every tool at their disposal to make sure that those situations end well. So I didn't want to thank councilmember Shul for bringing that up. I was the only thing I was disappointed about in your report was your failure to include what happened last week with officer MP Hawkins on squad 5B. This was an officer who encountered a homeless woman and her three young children spending the night in their car Monday night because she was starting a new job the following day. Officer Hawkins went into her own pocket and paid for a motel room for the family for that night, bought them dinner, toiletries. She went out and put out an appeal to her family and friends, other officers, best skitters Jay Rodriguez and Kale Robinson. Also went into their own pockets to pay for additional hotel room nights and groceries for the family, additional officers from squad 5B were also involved in donating funds for the family. And apparently this is nothing new for officer Hawkins who fell at fellow officers said that she regularly provides this type of assistance for people in need. And that's the kind of thing that that doesn't make headlines. That's right. It doesn't make it into a report where you've got issues of people running toward gunfire and helping people out of burning cars and the kind of bravery that that we've come to expect from our officers. But it's these small human moments that mean the most to me as a citizen of this city. And I just want to say that that it speaks to the type of people we want to be in the city. And the fact that she is a police officer to me is just icing on the cake. So I wanted to call out to Officer Hawkins above and beyond the call of duty behavior last week. And then the only other substantive issue I wanted to raise is about District 1. I along with my friend, County Commissioner Ellen Rack, how are the co-chairs of the Public Safety Task Force, the Mayor's Poverty Reduction Initiative. And we had a meeting of the Task Force this morning. We were privileged to be joined by Chief Mock who's the District 1 Commander as well as one of our newest or the new community liaison officer Officer Jennifer. And so I first wanted to thank you for getting that position filled so quickly and really excited about the impact that Officer Jennifer can make in the PRI zone. But one of the things that we looked at for a particular grant proposal that's currently underway, the department looked at detailed crime data for the for District 1 during the month, during the four weeks of February of this year. And one of the things that that struck me as noteworthy is that of the eight beats that are, and I heard you talking about beats and staffing before, of the eight beats in District 1 or February of this year, two of them combined accounted for half a law of island crime, beats 1.13 and 1.14. And if you add in a third, I beat 1.22, that's almost 90% of all robberies in District 1. And so I'm sure this is this is something that's common around the city. Some beats have a lot more criminal activity than others. And I just, as you look at the way that we handle staffing and the way beats were assigned, I hope you'll obviously want to take a look at that very fine grain data that exists at your disposal because making sure that we have enough resources as you said in your presentation to respond to calls effectively is what's going to help rebuild that relationship of trust and confidence between the police and the people of this city. They have to be able to see that if they're in danger, if they've been the victim of a crime, that our police department will be there. So I didn't really have a question associated with that. I just wanted to call that to your attention. Oh, there was one other thing I wanted to say and that is that this is a great time to be involved in policing in this city and we're blessed and fortunate to have you leading this great department. You know, we've got a broad range of views in this city about the role that our police department should play in our community. In fact, I think one of your officers has an op-ed piece in Tomorrow's News and Observer about the role of the police in our community. So there are a lot of different views out there. When I hear you talk about the need for the police department to be accountable to the people of this city, when I hear you talk about how this police department needs to have absolutely no taint of disparate treatment whatsoever. And when I hear you say those things, I know that we're on the right track and it's really great to hear so. Thank you for your service. I appreciate it. Thank you for your observations. And yes, that particular community that you're talking about, it has been on our radar. We have been talking to our new housing authority director as well so that we could sort of marry up our resources, kind of cross-pollinate and see what we could do to get even more coverage, more information about the actors in different communities and so on. But yes, it is on the radar and thank you for your observations about our officers as well. Thank you. Councilor Rees, recognize the mayor of Pro Tem. Well, first, let me just thank Tom Bonfield again for this decision that you made. I know you're very shy about that, but you made the final decision. We had nothing to do with it, I hope. As I move about the community, Chief, people are just excited about you being here. I know I'm excited. When I spoke with Councilwoman Shepard about you and she told me what you did in Atlanta, there was no doubt in my mind that you knew what you were doing. You have 30 years of experience. You even stuttered the city of Durham before you got here, the police department, the citizens, all the groups that were here and us before, I'm talking about the city council before you got here. And so you are on it. You had already begun. I've been in conversations with you and you had already shared some of the things that we talked about that were requested of you tonight. So I just thank you for being the smart, intelligent woman that you are. I'm about to blush now. It's all right. Thank you. It's all right. You're a very smart woman and I can't tell you how to police because I haven't had the experience, but I do know that I can make, I can see a difference already since you've been here. And thank you so much. Well, chief, I just want to first congratulate my colleagues for the questions and compliments that you paid to police chief and the police department. And I certainly echo and support those comments that have been made and observations. I'm going to ask you two questions. Yes, sir.  Wow. Put me on the spot there. I think the biggest disappointment may be not as much collaboration or I would say conversation, which is, I think is really so critical to have conversations about issues. And but I think we are forging our way through that as a as a department. You know, I know it's my responsibility to extend myself and I come from an environment of strong collaboration and I know that the officers in the police department will stand up to the challenge of stepping outside of their comfort zones and extending themselves and communicating more to the citizens that we serve as opposed to to looking at our jobs is is is just responding to calls for service. They have more influence than they even realize but just some of the accolades that they've gotten over the last weeks show that there are officers out there that get it that really get it. We just hope that that's going to be infectious from the top down that that will be infectious and that we have a positive branding for the police department in days to come. I said two questions but I was trying to get out of that other one. I was trying to get out of that other one. I know you're thinking about them. What can this council do in terms of helping in this collaboration that you're speaking about? Well, you know, the council has been so supportive. I mean, by far, just the conversations and the one-on-ones and being at different you know, events. I just say continuing that same direction and by all means reach out to me if there are times that we might need to communicate or talk about issues. I just hope that they understand or you all understand that I am open. We don't have to be huggy-huggy all the time but we do have to get through our issues and I think working together as a family because in city government that's what it is. We are a family and I'm up for the challenge. We had a chance to go to think about the other questions. We'll be sure of the questions, sir. Biggest surprise. What was my biggest surprise? Actually the Durham is growing the way that it is. I think that was the biggest surprise for me that there is something here for everybody and you know, it's a smaller city but there is so much going on it's so exciting every weekend there's a festival that was a huge surprise for me to see the level of involvement of the community members as well around the city. So that was a surprise and the growth of the city. Thank you. We have one person that is signed up to speak. Mr. Victoria Peterson, you have three minutes. Wow. Some beautiful accolades but I like to deal with reality and in reality in my community which probably a lot of the folks that live where I live at murder, killing, drive-bys. So I don't know where you folks live at but I live here in Durham and in Durham in the African-American community part of Durham the crime is off the hook. So this is what I would like to ask the Durham public housing I've spoken to them and I live in walking distance from the Duke of Terrace. The last police chief took those officers out of that area I'm requesting that $300,000 and Mr. Schuler, Steve, you said you want to support the police chief? Well they need some money to have ongoing 24-hour policing in some of these public housing units in the surrounding communities. Steve, I hope that you hear me. Okay. I know you're up there somewhere I hope that you hear me. They need 300-some thousand because my understanding public housing no longer is cast before this police chief came in because I spoke to the gentleman and Mr. Davis, I think I think Maduga Terrace is in your area. We need to make sure that the public housing is using their resources and their monies to have law enforcement in those public housing units because public housing is a federal program and for persons who are homeowners on my street on Ridgway to have to wake up two and three o'clock in the morning with gunshots from a federal project down the street is ridiculous and somebody needs to get J.K. Butterfield I'm sorry I'm sorry say it again Mr. G.K. Butterfield I see him on TV dealing with other issues I don't see him on TV dealing with these murders that's going on in this community also police chief I would like to get the report on the part two crimes in the youth crime and I just want to say this is this is true Mr. Mayor and you really need to look into this that one of those kids that was involved with that shoot in the other day of that taxi care driver was 15 years old why was a 15-year-old parent dropped the kid here in Durham and then get up and leave there are some laws about parents chief that the parents need to be responsible for some of these kids now that parent needs to go to jail if it is true that that child was involved with that murder somebody needs to go find that parent and I don't care what color the parent is and Mr. Mayor I need some more time because I need to talk about Ms. Peterson you've been here enough to know you've had three minutes we appreciate it thank you well I would like somebody to discuss about about the Durham public housing thank you Ms. Peterson Ms. Peterson your chief says she's having conversations with the executive director of the Durham Housing Authority well I want the city you all go get it tonight she's made a commitment she's having conversations with the executive director of the Durham Housing Authority let's leave it at that thank you okay but Mr. Mayor thank you thank you but I'm asking that the city also thank you I want the city to put some money thank you you're welcome Mr. Mayor all right let's let's move on I want to send you to respond all right we're going to move we're going to move to the next next item on the agenda but we appreciate you have a comment so why don't you make a collection about somebody's name that Steve called Darryl Mr. Shwell said that one of the police officers shot Darryl Brooks but that's not the person's name I don't think Darryl Walker so let the record show that correction thank you Mr. Mayor Pro Tem we'll move to the next item which is the general business agenda public hearings item 20 east end land use analysis A160005 and Z160009 good evening I'm Lisa Miller with the planning department I am going to briefly talk through the changes that are proposed with these two cases but first wanted to get on record that all notification of this public hearing for these two cases was completed according to law the two cases before you one is a plan amendment and the other is a zoning map change both of these cases came out of what we're calling the east end land use analysis it's an item that was directed we're directed to undertake by our comprehensive plan policy 252b3 essentially looking at the land area around where the North Carolina Department of Transportation's east end connector highway project is going in and looking at what our future land use calls out as appropriate land uses in that area and determining whether any of the changes to transportation access and patterns and sort of the character as it's changing in that area whether that should result in changed land use appropriate land uses in that area we held several public meetings over the last just under a year and essentially looked at and analyzed the current uses existing in the area the existing zoning designations on the properties and the current future land use designations in addition to looking at the final configuration of the east end connector and how that will impact the surrounding properties the changes that we're proposing to make in this proposal include many properties where there's a split future land use designation in order to allow rezoning of properties to happen more easily or development of properties to happen more easily another another instance where we're proposing changes is when there's significant change particularly limitations to access to property because of the highway project there's also a number of properties where the actual character of the property being adjacent to a large highway project will have significant impact on what may be an appropriate use there and we also identified in some locations where the future land use designation that's currently in place is not in keeping with either the existing and or the zoning designation so included in your agenda packet are essentially seven different areas where we went into a little bit more detail where we determined that changes would be appropriate I'm just going to walk through them very quickly an area one essentially it's three different subsections two where there's a difference in designation on portions of the property between low medium density residential and industrial and we're proposing to change the future land use designation solely to industrial for those two there's also there's an area off of red sunset lane which has a stormwater facility on the particular parcel it also has a split future land use designation and a split zoning designation between residential and industrial so on that particular case we're proposing a low medium density residential future land use designation and changing the zoning to rs-8 to match the surrounding neighborhood that that stormwater facility is a part of the final area in map area one includes two properties on taft where again there's a division between low medium density residential and industrial there's an existing residence and a vacant property there and so the proposal there is to change it to low medium density residential for the entirety of those two properties moving on to area two there are a whole bunch of properties off of car road that are currently all have a future land use designation of low medium density residential with a small portion to the west side of that that has industrial adjacent to the right of way our proposal in this case was to change the future land use designation to industrial this was due to the change in access to these properties this question was raised by councilman moffat ahead of the public hearing so some supplemental information was provided to you all that talks through a little bit more about our reasoning there and I'm happy to answer questions about that after going through these so no zoning changes proposed in that particular area moving on to item or to area three this involves two properties both where there's a split future land use designation but one is between low medium density residential and commercial where we're proposing to change just to the residential designation another that is split between low medium residential and medium density residential with a change to medium density residential essentially allowing those properties to move forward with a single future land use designation allows development to happen more easily moving on to area four the two different sub areas here one includes two properties on east end avenue that are both designated as industrial future land use one of those contains a residence and the other is vacant and they're both zoned for residential so our proposal is to change the future land use map to match that medium density residential designation the other portion is actually where C.R. Wood Park is located the park is primarily currently has the future land use designation of medium density residential but also has a small portion of commercial along Andrew Avenue and we're proposing to change all of that to recreation open space to designate that as park space on the future land use map in addition we would like to remove the commercial portion of the zoning on the property that's adjacent to Andrew Avenue so that the entire park property is zoned as R.U.5 moving on to area five there's three different sub areas within this overall area the first are the properties owned by Calvary Baptist Church they currently have a mix of medium density residential and commercial future land use designations and a mix of residential and commercial zoning designations these properties are at the intersection of Lynn Road in 70 where there's going to be some changes to accessibility it'll be coming off of the highway a right in right out from Lynn on Lynn Road and so it's an area that we felt commercial development was no longer appropriate due to the limited access there in addition looking at the existence of the church and its longevity and their plans to stay there it made sense to change the future land use designation and zoning designation to match the institutional use so that's what we're proposing in that location there's a parcel just to the north of the Calvary Baptist Church properties that is also split between residential and commercial both future land use and zoning designations that again has significant restrictions in the access that will it will have due to the East End Connector project so we're proposing to change the portion of the parcel parcel that is commercial to match the remainder of the parcel at its medium density residential future land use and residential urban five commercial or zoning designation and the final parcel in this area is a residence that's located just west of Seventy on Lynn Road that has a multitude of future land use and zoning designations on it and essentially we're just removing the commercial and the mixed zoning residential zoning designations from it so that the parcel has single RU-5 zoning designation on it moving on to area six there are a few odd shaped parcels that are partially due to the taking of right of way for the East End Connector project where there's a mix of commercial and medium density residential this is a little bit confusing but essentially there's going to be a new frontage road that runs on the east side of Seventy and what we've determined is that any property to the west of that frontage road will still remain appropriate for commercial but that that would be an appropriate dividing line to anything to the east of that where the majority of the land is residential of future land use and zoning designations that that dividing line would be where an appropriate split between commercial and residential should fall so that's what the area six changes are proposed and then there's one large residential tract that's in sort of the east side of that frontage road that has just a sliver of commercial designation left on it when that new frontage road was created so just changing that small portion to residential low medium density as well the final area seven is the properties along Andrew Avenue the properties are on the future land use map designated low medium density residential and medium density residential and currently the all of the properties that we're proposing to change except one have a commercial zoning designation so we're proposing to change the future land use to match the zoning and the use of many of those properties to commercial and not proposing any changes to the underlying zoning at this time just a quicker note from the staff report the planning commission heard this at their June meeting on the plan amendment case they voted eight to four to approve this and on the zoning map change they voted 12 to zero and I'm happy to answer any questions okay thank you this is a public hearing and the public hearing is open let me ask one question the staff these all land use changes and zoning changes that are being initiated by the city correct and I assume that all the property owners that potentially impact the particular those that have addresses were notified yes and did you have anyone to come out to speak either in support or against any of these proposed changes no we had questions from folks it's been a great opportunity to help educate individual property owners about what these different planning tools mean but we have not had anyone object to the proposal okay all right that being the case let me ask whether questions by members of the council we have one person that it's signed to speak on the sign to recognize Councilman Davis thank you Mr. Mayer I actually had a question as in my more you asking I've had some conversations with some people who belong to Calvary Baptist Church and they're upset over the east end connector but also I don't know if you've had any connection with any any conversations with anyone there about your proposal yes absolutely our public meetings were all held in that in their facility and we've had multiple conversations with them and essentially we talked to them through the changes and what the change in future land use designation and zoning designation would mean for them and they ultimately decided that that was something that they were happy with okay thank you I recognize Councilman Schuhl thank you Mr. Mayer as I understood the concern of several of the planning commissioners regarding the car road changed to industrial and the future land use map it was that I think their rationale was basically what is the reason to do so now is there a reason to do it now rather than wait until later when there are some proposed industrial uses would you characterize that as their position I think I didn't necessarily hear the question as to why now but there was the question of whether industrial was the appropriate future land use there that was my understanding of the four dissenting commissioners opinion yeah so I guess my question is is there a reason to do it now rather than later when there are some proposed industrial uses we certainly can wait what we were trying to do you know as I as I mentioned there are a number of changes that the east end connector bring to this area and while we don't have control over a lot of that we wanted to look at the future land use and zoning designations to see if there are things that made sense and were appropriate for us to proactively go and change so if you all choose not to make the change to the to the car road properties that's that's certainly fine and there's the opportunity for individual applicants to put forward a future land use map change and a rezoning at the same time our primary reasons for proposing industrial there were looking at the traffic pattern that's going to be created in the lack of connectivity to other areas which was one of councilman Moffat's questions there's would be some difficulty in trying to connect through to some of the other residential nearby so it seemed like an appropriate place to not not remove industrial and not ever put industrial back on the future land use map right so I guess that was my second question because we sometimes do hear from the Chamber of Commerce and others that we have a potential short of industrial sites in Durham County especially of any size and here in some circumstances what you recommended is taking industrial away and replacing it with residential and so in a way what you're doing with this other on car road is kind of exchanging and is it a net gain in industrial or on the future land use map or is it a net decrease I think looking solely at this proposal it would be a net gain of industrial future land use designation thank you very much I was appreciative of all the detailed work you all did on this very much are the other questions about council before we move to the public if not recognize Jarrett Edens Edens oh I'm sorry you know the person in the public that would like to speak on this item yes ma'am if you could set your name and address please good evening my name is Wanda Waiters and I'm speaking on the address of 518 Pleasant Drive Lisa I do want to thank you very much for the meetings that you've had at Calvary I was able to attend two of those there's one person that is already departed that had a concern but could not stay and I'm also speaking for those individuals living on Pleasant Drive for the proposed area that is to be changed zoned commercial the letter came and we're seeking some clarity on that in the first two meetings that you had at Calvary you know those were not designated as a future land used the red area zone to change as commercial in the letter that came in the mail it is designated that area off of 70 on Pleasant as changed to a commercial zoning could you tell me again what's what street were you speaking of 518 Pleasant Drive and those addresses adjacent to that on the listing you have listed 414 Pleasant Drive as a change which is on the opposite side of 70 the area that I'm concerned about and I'm and brought concerned from the neighbors in that area is the area that was not previously communicated in the other two meetings at Calvary so that whole area if you'll look on the letter that you sent out is listed now read as a commercial zoning one of those addresses is the former church parsonage for Calvary Church which is the 518 address so that is what I'm here to say that that particular in those neighbors one is currently in El Salvador asked me to come and speak on it as well there is some opposition to the changing from residential to commercial because it was not perceived as so until the last letter came out zoning that as a potential commercial if I could clarify there's no changes proposed with this project to the properties along there the future land use designation of those properties is currently commercial and has been before we undertook this project and as well in the zoning there's a mix the properties that are a long pleasant on the north side there it looks like three of them are designated as a commercial zoning and then three or four that are still fronting pleasant are designated as residential we're not proposing any changes to that in large part because we felt that there was not going to be significant it was essentially outside of the scope of what we felt the comprehensive plan policy was asking us to undertake in looking at the direct impacts of the connector project and its character on the surrounding land uses well Lisa I thank you for the clarity on that the part that is considered commercial are unoccupied areas of land so I will get that message back and again I thank you sure thanks thank you Valerie King is that correct you can stay right there microphone thank you my name is Valerie King I live at 501 Commonwealth Street my specific question is about the CR Park Park this land use I think is zone number four I actually live on the corner of Commonwealth Street and Bryant Street and my house sits at the entrance of the park my mother owns the property and had some questions and I had those same questions the original letter sent said that there would be no changes to the land use in CR Park or to an area um I guess to the east no to the west of CR Park and the new eastern connector then she got a letter saying that the land use would change from it would be a mix of residential and um commercial use in that area and our concern is that at some point in time is it planned to be you're going to put housing on that property now tonight I listened to you and for what I understood you to say is that it will continue to be park usage and that's all it will ever be including the area on Anger Avenue that is considered commercial that's correct okay so there's not going to be any change and you're not looking at any future of changing it from open recreational space to residential space correct the changes that were proposing to the future land use and zoning are to be more in keeping with the park use but no changes that would allow commercial or that would you know encourage multi-family or anything like that are being proposed so you're not looking at ever making that residential a residential area so I can tell you what we're doing is to try and make sure that our land use maps are matching the the fact that there's a city park there I can't speak to the parks and recreation departments plans for the park but to our knowledge the intention is that is a city park okay thank you thanks we have John McDonald is that correct and Jennifer Caesar you're correct when you come up okay thank you yes ma'am my name is John McDonald and I live at 3205 Ivywood Lane now now that faces the back end of Lynn road but my question was is Lynn road going to cut off entirely right there at that right there at that intersection because I think before there was a there was a question about having that that section cut off I wasn't sure about that now that's the now that that faces my part it does face where Calvary Church is on well on the other side this is Scott Whiteman from the Durham Plain Department it's our understanding that Lynn road would be cut off and be real on could be a realignment for a new road that would go down to Pleasant but that would probably be to get a definitive answer I'd suggest contacting the NCDOT since they're the experts on this project on the road project okay so so the DOT will will have more information because they're in that and you would not you can make sure you've got the right information if you talk to them all right thank you so much Scott thank you Councilman Schuhl Scott I wonder Mr. Whiteman I wonder if you could get with this gentleman he may not be the way aware of the best way to get in touch with NCDOT and maybe you could give him the appropriate contact Jennifer good evening everyone my name is Jennifer Garza I am talking here for Area 1 I believe you mentioned I am concerned about the properties on Taft Street it didn't come to our attention about the meetings you had in Calvary Church so I was just wondering if you could tell me more about Taft Street what exactly is it the two properties that you are thinking about changing the zoning on certainly the two properties on Taft we're actually not proposing to change the zoning just the future land use designation which is essentially what the city's vision for appropriate land uses there are and essentially this is an area there's two properties there 301 and 305 Taft that the future land use designation actually is primarily residential but there's a small sliver in the southwest corner that is industrial so all we're doing is proposing to remove the industrial portion so that the majority of the site which is residential will actually the residential designation will cover the full site all right I was worried because my the property in question for us is the one opposite to the area is 233 Taft okay so got it thank you for your time you're welcome is there anyone else that wants to speak on this item it's been a public hearing item if not let the record reflect and no one else asks to speak we'll declare the department here to be closed as a matter of fact before the council recognize councilman Moffett yes thank you first of all I want to appreciate everyone in the department to work on this Lisa excellent presentation tonight it's clear that y'all have done a lot of work with the community and the questions are here tonight seem to have been resolved and I very much appreciate that I did find the comments from the planning commission regarding area two to be fairly compelling regarding the future land use whether it should be changed to industrial or whether it should be currently retained and I think it's low-medium residential as they pointed out it doesn't prevent anyone from coming and asking to change it to industrial in the future but it is a site that's completely surrounded at least by future land use designation with low density a low medium residential so right now I haven't been convinced otherwise I'm inclined to go with the in fact I think the original motion in the planning commission was to change it or to support a change do you know why or what happened in the planning commission that they somebody substituted a motion there was a yeah there was a substitute motion just a difference of opinion yeah okay there was essentially there were eight people who thought it seemed appropriate and for who had eight people who are okay with it and for people who had significant concern right okay so you know before this evening is over I hope to support a motion that will a motion that will adopt all of the recommended changes for areas one and three through seven but leave two unchanged thank you go ahead and recognize council Maurice thank you Mr. Mayor I just wanted to note that if that motion is made I'm enthusiastic about supporting it as well I also wanted to thank the members of the planning commission who always take their job seriously but here left us a pretty good paper trail to follow along and especially want to thank council member Moffitt for posing those additional questions that were reflected interrupt in our updated packet and thank the staff for working so diligently to answer those questions I think in the best way they could be answered which is really all anybody can ask and ultimately I share council member Moffitt's concern about changing the future land use designation in the absence of any anticipated or requested use and I found the other the members of the the comments by the other planning commission members to be persuasive in that regard as well otherwise this is really good work and difficult work that required a lot of deep community engagement obviously we had some folks here who continue to have questions which I was really impressed with your ability to know which pieces of property which residences were included in which future designation so thank you for your hard work on this any other comments recognize the mayor pro tem I'd like to ask Wanda a question you've heard the discussion from Mr. Moffitt and councilman Reese do you understand I'm sorry well could you come up to the microphone please could you come up to the thank you mayor pro tem I just want to make sure Lisa that the clarity is there in that the page document and again my apologies for not having the document with me but the page document lists what the proposed changes would be on that area of Pleasant Drive however the printed color map document that you sent out is showing something different so I'm seeking some clarity to make sure that that area that you said that was already zoned commercial that is not all partially it's only partially which is the unoccupied area of land is not inclusive those residential areas will not change to okay that's correct there's no no changes to that area whatsoever is not part of any of the seven areas where we're proposing changes to either the future land use designation or the zoning designation and is not shown on the map as a changing area so Lisa if I'm looking complex is because of the color changes of you know red is indicated as commercial so I'm just concerned that that one page that I pulled up on the web that says future land proposed areas is red all inclusive so and just to clarify it is showing commercial because it is currently designated with a commercial future land use and I can't tell you when that was put in place but I can tell you that it predated this project that is not a change that is part of this project so it may be a change that occurred at some point in the past where I'm not sure why you would be seeing anything that didn't show that because it's been the entire duration of the of the project has been designated commercial so my apologies for confusion no apologies I know how to contact you we do communicate and I will be happy to send any further email clarifications that are necessary for that okay there are no further questions and all other comments from the public the public can say this closed as a matter of fact before the council recognize council on profit yes sir um first I want to say that I did understand the logic of how you got on area two to where y'all did but I'm going to make a motion to accept the to change future land use map according to the staff's recommendations for areas one and three through seven but to retain area two as low medium residential second moved and second is there further discussion all clear does the staff have a comment you don't have any comments you have questions okay are you comfortable where we are okay fine all right we've had a motion and second no further discussion madam clerk will you open the vote close the vote it passes seven to zero thank you yes sir recognize council mothick yes regarding the zoning portion of this matter I'm going to move that we accept the staff's recommendation and make the zoning changes that staff is recommended for all seven areas it's been properly moved and second there's a discussion on the question hearing none call the question on madam clerk will you open the vote close the vote it passes seven to zero thank you recognize council mothick and then the planning director finally I'm going to move the consistency statement it's been properly moved the second consistency because that is only change all all in favor of the motion madam clerk will you open the vote close the vote it passes seven to zero thank you any other questions comments on this item if not we're going to move to item 20 21 zoning map change Shannon road retail z15 00036 good evening I'm Steve medallion with the Durham planning department case z15 00036 Shannon road retail is a request to change the zoning designation of a 1.913 acre track located at 32 30 and 32 32 Shannon road from residential suburban multifamily to commercial neighborhood with a development plan the development plan associated with this request commits to the following a maximum of 9500 square feet a floor area that will be limited to retail uses gasoline cells will be prohibited the developer will construct a northbound left turn lane on Shannon road the developer will provide an additional four foot of asphalt along Shannon road to allow for future bicycle lanes the dedication of additional right-of-way along Shannon road required meant that the development be completed in one phase and that the general location of access points tree plate replacement areas and building and parking envelopes are committed staff has determined this request is consistent with all adopted policies and ordinances the planning commission recommended approval by a vote of 11 to 0 and I'll be happy to answer any questions you may have this is a public hearing the public hearing is open you've heard the staff reported on questions by members of the council if not we had one person that has signed up to speak Gerard Eatons I want to point to Gerard is there anyone else that wants to speak on this item or you have three minutes thank you Mr. Mayor Jared Eatons with Eatons Land Corp I here represent my client Robert Gonnum who's going to be developing the property how do I much to add to the staff report beyond what Steve mentioned to you we did work pretty close with staff on this item as this zoning our zoning application was running on the same time path as the recent design district overlay that council approved so during our zoning process we had some really good conversations and meetings with staff I want to thank Grace Smith and Sarah Young especially for the time they put on it but we were able to add several conditions to make this more of a transit oriented type development and give it more of an urban feel to be more consistent with the and Lenny's designation that council approved a couple of months ago we had a neighborhood meeting November of last year we had no attendees we have no opposition I'm aware of 11-0 planning commission as Steve mentioned and I appreciate your support tonight I'd be glad to answer any questions you have thank you you're welcome are there questions of the developer recognize Councilman Martin Councilman Schult in that order I simply want to comment that this is one of those cases that I think deserves careful consideration or careful consideration because it is now in our compact neighborhood tier if I I think I have the designation correct and that sort of opens a number of possibilities before we have the the new zoning in place but I was persuaded by the planning commission's thoughtful comments on this case and as a result I find it that it will be supporting it thank you recognize Councilman Schult thank you Mr. Mayor Mr. Edens I want to appreciate your work to make this transit oriented and the staff did a good job of describing that in their report I had communicated with you earlier by email about the Durham Bicycle Pedestrian Advisor Commission requests and I wanted to discuss those with you the first one was the this is the 12-9 and then there's a later one as you pointed out which was January 12th of 16 so these are a month apart not sure maybe the maybe you or the planning staff could help me understand what the difference between those two is but the the first one was the four-foot of additional asphalt which you want to providing is that is that correct yes sir that's correct and then a direct pedestrian connection between the development the Parkway Plaza Shopping Center yes sir you're providing that as well then the subject determination to go triangle and go Durham and go triangle and need for transit related improvements construct a concrete pad bus shelter have you considered that note was not added because we were able to show BPAC that there's an existing bus stop about 300 feet north of the property in the adjacent shopping center all right thank you and then the sidewall connectivity along shattered road yes you're providing that yes that's committed and then the following testimony said prior to the issues of it construct sidewalk the city of Durham and CDOT standards of the frontage of adjacent parcel that's the last one Jared's number five yeah I don't see it as a condition on the development plan because it's required by the site plan I can tell you that we have a site plan already in review for this we're sort of moving along with this project and we have sidewalk along the entire frontage on that site plan great thank you very much I appreciate you all meeting the request of the Bicycle and Pedestrian Commission okay are there other questions of the developer recognize Council please do you have a question is anyone else that wants to speak on the site have not let the record reflect the no one else in the audience want to speak I would encourage the public hand to be closed matters back before council it's been a property to move the second Madam clerk we open the vote close the vote it passes seven is zero it's been a property to move in second Madam clerk we open the vote close the vote it passes seven is zero okay that concludes the agenda any of items to come before the council let me remind the council that we begin at nine o'clock Thursday morning with the performance evaluations starting with the city manager followed by the city attorney followed by the city clerk if we have time that being the case the meeting means adjourn at nine on nine p.m. thank you