City Council Meeting Agenda
Monday, November 7, 2011
Council Chambers, First Floor

The Mayor calls the meeting to order at 7:00 pm

Call To Order

Moment Of Silent Meditation

Pledge Of Allegiance

Roll Call

Ceremonial Items

Priority Items By The City Manager, City Attorney And City Clerk

[Consent Agenda]

1. Approval of City Council Minutes

To approve City Council minutes for the September 22, 2011 City Council Work Session and October 3, 2011 City Council Meeting.

(Resource Person: D. Ann Gray – 4166 ext. 12267) (PR# 8066)

2. Human Relations Commission – Appointment

To appoint Geraldine Robinson to the Human Relations Commission representing a Minority Female with the term to expire on June 30, 2012.

Note: At the Work Session on October 20, 2011, Ms. Robinson received four 4 votes.

(Due to the resignation of Christle Glosson)

(Resource Person: LaVerne V. Brooks – 4166 ext.12264) (Attachment #2 – 5 pages) (PR# 8014)

3. Passenger Vehicle for Hire Commission – Appointment

To appoint Larry Dixon to the Passenger Vehicle for Hire Commission representing a Passenger with the term to expire on January 1, 2012.

Note: At the Work Session on October 20, 2011, Mr. Sutton received six (6) votes.

(Due to the resignation of Amy Shaw)

(Resource Person: LaVerne V. Brooks – 4166 ext.12264) (Attachment #3 – 3 pages) (PR# 8080)

4. Citizens Advisory Committee – Appointment

To appoint Will Sutton to the Citizens Advisory Committee with the term to expire on June 30, 2014.

Note: At the Work Session on October 20, 2011, Mr. Dixon received six (6) votes.

(Due to a vacancy)

(Resource Person: LaVerne V. Brooks – 4166 ext.12264) (Attachment #4 – 3 pages) (PR# 8081)

5. Boards, Committees and Commissions Attendance Reports for the Period July 1, 2010 – June 30, 2011

To receive Attendance Reports from the following Boards:

Audit Services Oversight Committee, Citizens Advisory Committee, Design District Review Team, Durham Bicycle & Pedestrian Advisory Commission, Durham Board of Adjustment, Durham City-County Appearance Commission, Durham City-County Environmental Affairs Board, Durham Convention Center Authority, Durham Convention & Visitors Bureau Tourism Development Authority, Durham Cultural Advisory Board, Durham Historic Preservation Commission, Durham Housing Authority Board of Commissioners, Durham Open Space & Trails Commission, Durham Performing Arts Center Oversight Committee, Durham Planning Commission, Equal Business Opportunity Program Advisory Committee, Firefighter’s Relief Fund Board of Trustees, Housing Appeals Board, Human Relations Commission, Passenger Vehicle For Hire Commission, Raleigh-Durham Airport Authority, Recreation Advisory Commission, Triangle Transit Board of Trustees and the Workforce Development Board.

(Resource Person: LaVerne V. Brooks – 4166 ext.12264) (Attachment #5 – 24 pages) (PR# 8083)

6. Bid Report – September 2011

To receive a report and to record into the minutes the bids which were acted upon by the City Manager during the month of September 2011.

(Resource Persons: Joseph Clark and Lynette McRae – 4132) (Attachment #6 – 16 pages) (PR# 8065)

7. Street Acceptances

To accept the streets on the attached list for maintenance by the City of Durham.

(Resource Persons: Edward R. Venable and Nathan L. McHenry – 4326) (Attachment #7 – 5 pages) (PR# 8061)

8. Automated Water Meter Installation Performance Audit (September 2011)

To receive and accept the Automated Water Meter Installation Performance Audit (September 2011) as presented and approved at the September26, 2011 meeting of the Audit Services Oversight Committee.

(Resource Person: Germaine F. Brewington – 4213 ext. 14244) (Attachment #8 – 16 pages) (PR# 8058)

9. Request to Carryover Funds from FY 2010-11 to FY 2011-12, Amend the FY 2011-12 Budget Including Transferring the Fleet Fund to the Debt Reserve Fund, and Other Budget, Grant and Capital Project Ordinance Amendments

To adopt an Ordinance Amending the 2011-12 City of Durham Budget Ordinance, the same being Ordinance #14155, to appropriate fund balance for the carryover request and to make other adjustments to several budget, capital improvement program, and internal service spending plan ordinances and resolutions.

(Resource Person: Bertha T. Johnson – 4111 ext. 20285) (Attachment #9 – 16 pages) (PR# 8055)

11. Third Party Administrator Services for Workers Compensation

To authorize the City Manager to enter into a contract with Brentwood Services Administrators, Inc. in the amount of $75,835.00 for a period of one year beginning December 1, 2011 with the option to renew for two additional one year periods at a total contract amount not to exceed $227,505.00 for three years;

To authorize the City Manager to modify the contract before execution provided that modifications do not increase the dollar amount of the contract and the modifications are consistent with the general intent; and

To annually exercise the option to renew and amend the contract upon determining that the contractor’s performance has been satisfactory.

(Resource Person: Ann-Marie Sharpe – 919-354-2740 ext. 18348) (Attachment #11 – 37 pages) (PR# 8076)

12. Use of Controlled Substance Tax Distribution and Federal Asset Forfeiture Funds

To authorize the use of controlled substance tax distribution funds and federal asset forfeiture funds in an amount not to exceed $180,000.00 for the job task analysis and promotional assessment; and

To authorize the City Manager to execute a contract in the amount of $169,425.00 with Ergometrics and Applied Personnel Research, Inc. for police job task analysis and promotional assessment services.

(Resource Person: Kathy Koechling – 4402 ext. 29155) (Attachment #12 – 87 pages) (PR# 8057)

13. Acceptance of 2011 Grant to Encourage Arrest Policies and Enforcement Protection Orders Program (GTEAP) and Adoption of Grant Project Ordinance

To authorize the City Manager to accept the "2011 Grant to Encourage Arrest Policies and Enforcement of Protection Orders Program (GTEAP)" by executing the grant documents; and

To adopt the "2011 Grant to Encourage Arrest Policies and Enforcement of Protection Orders Program" Grant Project Ordinance, in the amount of $339,459.00.

(Resource Person: Larry C. Smith – 4322) (Attachment #13 – 16 pages) (PR# 8059)

14. Ordinance Revising City Code Section 70-17 – Payment of Frontage Charges

To adopt an Ordinance Amending Section 70-17(b) of the Durham City Code to allow the City Manager to grant relief from water and sewer frontage charges, except for the first 200 feet, for sections of street frontage where such improvements will never be installed.

(Resource Person: Edward R. Venable – 4326 ext. 30233) (Attachment #14 – 3 pages) (PR# 8062)

15. License Agreement with Northwood Ravin, LLC for Irrigation System and Landscaping for Trinity Commons

To authorize the City Manager to enter into a license agreement with Northwood Ravin, LLC for irrigation system and landscaping in Downing Street.

(Resource Person: Edward R. Venable – 4326 ext. 30233) (Attachment #15 – 7 pages) (PR# 8063)

16. Update on Failed and Struggling Developments

To receive a report concerning the failed and struggling developments.

(Resource Person: Edward R. Venable – 4326 ext. 30233) (Attachment #16 – 3 pages) (PR# 8064)

17. Contract Amendment No. 2 for City Hall Plaza Street Improvements

To authorize the City Manager to amend Contract ST-243 City Hall Plaza Street Improvements with Lanier Construction, Incorporated by $145,000.00 increasing the total contract to $1,218,439.14.

(Resource Person: Edward R. Venable – 4326 ext. 30233) (Attachment #17 – 2 pages) (PR# 8068)

18. Sonoco Recycling Contract Amendment #1

To authorize the City Manager to execute a contract amendment and extension with Sonoco Recycling for the receiving and processing of city-collected recyclable materials, effective November 1, 2011, for a term of two (2) years expiring October 31, 2013.

(Resource Person: Christina Tookes – 4186 ext. 32255) (Attachment #18 – 8 pages) (PR# 8047)

19. NC 55 and US 15-501 Municipal Landscape Agreements

To authorize the City Manager to execute the R-2906 C (NC 55) and the U-4009, U-4012 & B-3450 (US 15-501) Landscape Agreements with the N. C. Department of Transportation.

(Resource Person: H. Wesley Parham – 4366 ext. 36425) (Attachment #19 – 11 pages) (PR# 8070)

20. Construction Contract with Dellinger, Inc. for the North Durham Pretreatment Facility Improvements

To authorize the City Manager to execute a contract with Dellinger, Inc. for the North Durham Water Reclamation Facility Preliminary Treatment Facility Improvements for $1,494,752.00; To establish a contingency fund for the contract in the amount of $149,000.00; and

To authorize the City Manager or his designee to execute change orders for the contract provided that the cost of all change orders does not exceed $149,000.00 and the total project cost does not exceed $1,643,752.00.

(Resource Person: Simon Lobdell – 4381 ext. 35201) (Attachment #20 – 6 pages) (PR# 8037)

21. Amendment # 1 to Contract SR-39, Chemical Control of Sanitary Sewer Root Intrusion

To authorize the City Manager to execute Contract Amendment #1 with Duke’s Root Control, Inc for Contract SR-39, Chemical Control of Sanitary Sewer Root Intrusion for additional funding in the amount of $7,262.52.00 and a total contract amount not to exceed $352,806.00.

(Resource Person: Renee C. Lawrence – 4381 ext. 35273) (Attachment #21 – 2 pages) (PR# 8072)

22. Hillandale Road Dual Waterline Replacement, Phase II

To authorize the City Manager to execute a contract with Park Construction of North Carolina, Inc., for Hillandale Road Dual Waterline Replacement, Phase II project for an amount of $4,327,606.26; and

To establish a contingency fund for the contract in the amount of $432,393.74;

To authorize the City Manager to negotiate change orders for the contract provided that the cost of all change orders does not exceed $432,393.74 and the total project cost does not exceed $4,760,000.00.

(Resource Person: Jim Harding – 4381 ext. 35260) (Attachment #22 – 4 pages) (PR# 8087)

23. Redistricting Update

To receive a presentation on 2011 Recommended Redistricting.

(Resource Person: Patrick W. Baker – 4158 ext. 13241) (Attachment #23 – 3 pages) (PR# 8092)

Announcements By Council

[Adjournment]

Notice Under the Americans with Disabilities Act (ADA).

The City of Durham will not discriminate against qualified individuals with disabilities on the basis of disability in the City's services, programs, or activities. The City will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City's programs, services, and activities, The City will make all reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all City programs, services, and activities. Anyone who requires an auxiliary aid or service for effective communications, or a modification of policies or procedures to participate in the City program, service, or activity, should contact the office of Stacey Poston, Acting ADA Coordinator, Voice: (919)560-4197, ext. 21254, TTY:(919) 560-1200; ADA@durhamnc.gov, as soon as possible but no later than 48 hours before the scheduled event.