WEBVTT

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hereby proclaim June 27, 2010 as
"national hiv testing day" in

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durham, and hereby urge all
citizens to join in this

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observance to seek out voluntary
hiv testing and counseling to

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learn about their hiv status to
take control of their lives.

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Witness my hand and the
corporate seal of the city of
durham, north carolina, this

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21st day of June 2010.

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I certainly want persons that
are here to speak on this item,

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but I can't tell you how
important it is that we

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participate as much as possible.

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I think a couple of years ago,
we had one of the testing

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centers at their place pip was
there.

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It was a very simple test.

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In a way, we're fortunate to be

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in a city like durham, duke
university health center,

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lincoln, other organizations are
addressing this issue.

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We certainly, if it can be
helped anywhere, I think it will

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be helped here in durham.

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Having said that, I will present

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the proclamation.

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>> [Inaudible].

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>> hi, I'm patricia bartlett,
I'm the cochair of the

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partnership for healthy durham's

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hiv aids subcommittee and
clinical social worker at duke.

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I want to thank the mayor for

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being willing to make the
proclamation.
One of a few who did so.

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To just say that durham is very

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fortunate to have organizations

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such as care and others,
including of course duke and

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lincoln and the early
intervention clinic.

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But to remind everybody that

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durham ranks number three in hiv
infections in the state.

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We have a tremendous problem.

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and the belief is that probably

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another 30 to 40% do not know
they're hiv status.

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For a variety of reasons,

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including being afraid to test

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in hospitals and outpatient
clinics.

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And so hiv testing day is

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crucial, as well as new testing

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events that will be happening in
durham.
Because we have got to get to

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the people who don't know their
status.

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I can tell you, when I started

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working in hiv back in 1988,
people died.

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That is what they did.

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They died in a year, some in

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less than a year.

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now, we have over 30 regimens of
drugs people can take to keep

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them healthy and quality of
life.

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This is an important event.
I'm sure sharon can speak to

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what is happening at care.

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>> I won't be before you long.

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I'm sharon bynum, I'm the

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director of healing with care
incorporated.

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We will have an event friday,

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June 25th, it will be at healing
with care.

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We'll offer hidden valley
testing.

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The test is simple.
It takes 20 minutes.

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It takes a few minutes to do the
test.

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20 minutes to read it.

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We do pre and post test
counseling so the person won't

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be sent out with a diagnosis
without being comforted.

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We would like all of you to be
there to support us.

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We have invited governor perdue,

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if not, maybe she's send a
representative.

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That is 214 broadway street.
That is healing with care.

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Thank you.

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>> thank you, my name is kate
Mcqueen.

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I'm the project director for a

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project called links to durham.
Linking communities and science

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for hiv prevention.

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I want to add my own
encouragement to everybody to

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please go out, get yourself
tested, find out your status,

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there is so much that can be
done for people that are

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positive now compared to the
past.
There is so much more we can do

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to help people who are not yet
infected to help think about

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what they can do to keep

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themselves from being exposed to
hiv.
That is one of the things that

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we're hoping to support in the
work we're doing in our project

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in durham as well.
So thanks for the opportunity to

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help support this very
worthwhile cause.

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[Applause]

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[Applause]

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>> let me recognize the city

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manager for any priority items.
>> thank you, Mr. Mayor, three

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priority items this evening.

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agenda item number 37, the

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planned amendment jubilee
christian church.

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This item to be referred back to

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the administration, the planning
department.

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Agenda item 38, zoning map
change, jubilee christian
church.

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This item also should be
referred back to the
administration.

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And there is a supplemental

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item, which is agenda item 43,
titled the 2010 general

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obligation bond referendum.

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All the priority items.
>> entertain a motion to accept

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the priority items by the city
manager.

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>> properly moved and seconded.
Madam Clerk, open the vote.

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>> we must be having a problem,
mayor bell.

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It passes 7-3.
>> recognize the city attorney

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for priority items.

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>> thank you, Mr. Mayor, on your
agenda today, you have number

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40, I believe that is appearing
on your consent agenda.

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This is the contract for
operation between durham area

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transit authority and tta.

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There have been changes to the
contract.
If council would like, I'm happy

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to go through the changes.

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They're all fairly minor in
scope to the contract based on

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what you saw at the worksession.
That is agenda item number four,

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I believe.

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Agenda item 41, human relations
commission.

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i do have three proposed
resolutions.

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I wasn't able to get those on
your desk before the meeting,

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but I have those out to pass out
to you.

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I can either hand them out to
you now or pass them out when

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the item comes up.

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>> why don't you give them to us

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now so we can have them in our
possession.
>> do you have any other

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priority items?

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>> I do not.
Moved and seconded.

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Madam Clerk, open the vote.
Close the vote.
>> passes 7-0.
>> thank you.

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I would like to recognize the
city clerk for any priority
items.

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>> no items, Mr. Mayor.

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>> we will proceed with the
agenda.
The first item being the consent

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agenda.
The consent agenda can be

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approved by a single motion
seconded by the council.

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If someone from the council

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either the public chooses to
pull a consent agenda, we'll

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discuss that later in the

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council meeting agenda.

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The first item on the consent

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agenda is one, approval of city

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council minutes.
Item 2
2. Durham cultural advisory
board-appointments

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3. Workforce development board-
appointments

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4. Bids-term contract for

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sodium hydroxide (1,000 tons)

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5. Bids-term contract for

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ferric sulfate solution (3,600
tons)

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6. Bids-term contract for
liquid aluminum sulfate (2,280
tons)

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7. Street acceptance

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8. American recovery and

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reinvestment act (Arra)

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Performance audit (May 2010)

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9-10. Those items can be found
on the general business agenda.

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11. Contract with the durham
chamber of commerce for the fy

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2011 make it durham campaign

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12. Fy 2010 2011 contract for

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economic development services
within the downtown durham

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district between the city of
durham and downtown durham, inc.

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13. Supplemental agreement
between the city of durham and

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E.G. & g., inc. For streetscape

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construction and design services

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14. Contract with the
achievement academy of durham,
inc. For workforce investment

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act funded youth services

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16. Contract extension with
community partnerships, inc. To

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provide youth framework services

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17. City-county radio system
service agreement renewal with
motorola, inc.

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18. Tower license agreement with
t-mobile south llc, inc. To

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attach cellular antennas to the
water tank at 1318 e. Pettigrew

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street parcel id # 119085-east

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pettigrew street water tank

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19. Amendment to civic center
management agreement with shaner

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hotel group properties two
limited partnership

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20. Convention center phase ii

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project-amendment #1c to the

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skanska usa building (Cmar)

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Preconstruction services
contract

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21. 2010-12 temporary staffing
services

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22. 2010-12 on-call professional
consultant services

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23. Donation of surplus
equipment to durham county,
north carolina

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25. Exemption to durham city

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code section 66-109 to allow law

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enforcement officers to operate
bicycles on city sidewalks while

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in the performance of official
duties

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26. Use of federal asset

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forfeiture funds

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27. Resolution for land exchange

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between the city of durham and

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henry and kimberley kaestner for
the st. Marks road sewer outfall
easement

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i will pull that item, number

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27.
28. License agreement with duke
university for installation of

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fiber optic cable

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pull that item, 28.
29. Durham atmospheric

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deposition monitoring contract
with mactec engineering and
consulting

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31. Contract amendment # 1 otto

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container management for cart
rental, delivery, repair and
maintenance services

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32. North carolina department of
transportation (Ncdot)

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supplemental municipal agreement
for the riddle road realignment
at fayetteville road project

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(Wbs element 30640)

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33. Bull city connector

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34. Elevated water storage tank
maintenance contract amendment

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with utility services, inc.

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6-38. Those items can be
found on the general business
agenda-public hearings.

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9. Downtown durham, inc. Board

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of directors-reappointment

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40. Contract with the triangle
authority for operation of

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durham transit services

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pull that item also.
41. This item can be found on
the general business agenda

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>> I entertain a motion for the
approval of the consent agenda

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with the exception of 27, 28 and
40.
Moved and seconded.

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Madam Clerk, open the vote.

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Close the vote.
>> passes 7-0.
>> thank you.

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We now move to the general

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business agenda.
First item is
9. Fiscal year 2009-2010
operating budget and capital

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improvement project budget
amendments

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>> good evening, mayor, council,

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john lor, assistant budget
director.

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This is to adopt an ordinance

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amending the 2010 city ordinance
and to adopt an ordinance

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amending the general capital
improvement ordinances for

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fiscal year 2010 as amended, the

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same being ordinances, 13,841
and 13,842.

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These came up at the worksession

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and there were no questions.
>> let me ask, are there

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questions or comments by members

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of the council on this item?

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i entertain a motion on the item

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properly moved and seconded.
Madam Clerk, open the vote.

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Close the vote.
>> passes 7-0.

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>> item to item
 -- move to item
10. Fiscal year 2010-2011 budget

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and 2011-2016 capital
improvement plan (Cip)

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>> good evening, bertha johnson
budget director.

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This is to adopt the 2010-2011

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budget and 2010-2016 improvement
plan.

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No questions at the worksession.
>> just to clarify, Mr. Mayor,

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we provided a supplemental
summary of the final changes

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that have been included in the
budget that you'll be
considering tonight.

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These are just the few minor
changes that took place from the

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budget they presented at the

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council meeting, I believe it
was May 16th.

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>> are there other questions or
comments?
Recognize the mayor pro tem.

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>> what finally happened with

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the crest street project?
Can someone share what happened?

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>> in the memo that we sent out,
we had an explanation of the

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change.

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We added 6,000 to the budget to
cover the contract through the

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end of the mowing season.

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>> was there any communication
with the neighborhood council

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regarding that?
>> I would say probably not at

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this point, until the budget is
adopted, I'm sure that is when

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the communication of what the
plan is going to be.

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There was preliminary discussion
with the group.

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>> and I would add, that would

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meet their expectation in any
event.
That is what May have been

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expecting through the end of the
summer season.
>> ok.

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I just want to make sure

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that...
>> are there other questions or

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comments by council members?

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Again this is item 10, fiscal

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year 2010-2011 budget and
2011-2016 capital improvement
program.

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With the accompanying comments

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and an agenda running from a

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through through g.
In our agenda.

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So therefore, I would entertain

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a motion.
It's been properly moved and

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seconded.

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madam clerk, open the vote.

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Close the vote.

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>> passes 7-0.
>> ok.
41. Human relations commission

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adopt resolution to suspend all
city travel and related expenses

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with the state of arizona,

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arizona senate bill 1070 go into
effect.

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Let me say, for those of you who

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are here, this is a general
business agenda.

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It was put on the general
business agenda at the
worksession.

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We're not going to have comments
from the audience on this

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matter.
This is back before the council

00:16:23.281 --> 00:16:25.281
for the council to take action

00:16:26.547 --> 00:16:28.281
or not take action on this
particular item.

00:16:31.891 --> 00:16:33.891
I'm going to say that I was not

00:16:34.453 --> 00:16:36.859
at the worksession when this
item was discussed.

00:16:39.328 --> 00:16:41.328
But obviously, I haven't been

00:16:41.500 --> 00:16:44.172
under a rock, so I understand it
has obviously been a concern for

00:16:45.141 --> 00:16:47.500
quite a few people in this
community, judging on the amount

00:16:49.438 --> 00:16:51.438
of media attention as well as

00:16:52.812 --> 00:16:54.250
the e-mails that we have
received.

00:16:56.219 --> 00:16:59.156
I received this evening, before
I left my office two resolutions

00:17:01.953 --> 00:17:03.953
that have been presented by the

00:17:05.297 --> 00:17:07.297
city manager on this issue.

00:17:08.266 --> 00:17:10.266
And -- I'm sorry.

00:17:10.328 --> 00:17:12.328
Have been presented by the city

00:17:12.625 --> 00:17:15.562
attorney on this.
Where is the city attorney?

00:17:16.875 --> 00:17:18.875
Well, anyway, I'm going to speak

00:17:19.469 --> 00:17:21.469
in his absence.

00:17:21.703 --> 00:17:23.703
Patrick baker sent to all the

00:17:24.609 --> 00:17:26.672
council members, the latest
resolutions that he had.

00:17:29.984 --> 00:17:31.984
There were two resolutions.

00:17:33.484 --> 00:17:35.484
One reflecting I guess from the

00:17:36.422 --> 00:17:38.422
human relations council

00:17:39.250 --> 00:17:41.250
committee and another one from

00:17:44.422 --> 00:17:46.422
council member eugene brown.

00:17:47.203 --> 00:17:49.203
i had an opportunity to go

00:17:49.859 --> 00:17:51.859
through the two e-mails.

00:17:51.875 --> 00:17:54.766
I've not had any prior
discussions with any council
members.

00:17:57.344 --> 00:17:59.844
But I think there is merit in
both resolutions.

00:18:01.750 --> 00:18:03.750
However, I'm of the opinion that

00:18:04.780 --> 00:18:06.750
suspending travel to arizona is
probably going to have very

00:18:08.281 --> 00:18:10.281
little, if any impact, both to

00:18:11.391 --> 00:18:14.391
arizona and to durham city's
conduct of business.

00:18:16.328 --> 00:18:19.266
I do think that the immigration
laws is of such growing national

00:18:19.859 --> 00:18:21.859
concern that it should require

00:18:22.172 --> 00:18:23.938
the attention of our federally
elected officials.

00:18:25.828 --> 00:18:28.797
We in durham pride ourselves on
our diversity.

00:18:31.141 --> 00:18:33.406
Our draft 2010-2015 plan
overwhelmingly shows that

00:18:34.672 --> 00:18:37.375
hispanics are the fastest
growing racial demographic in

00:18:37.375 --> 00:18:40.312
our community.
As a percentage of the total

00:18:42.391 --> 00:18:44.391
area of population, the hispanic

00:18:44.719 --> 00:18:46.719
population has grown from over

00:18:49.953 --> 00:18:52.266
1% in 1990 to 12.4% in 2009.
Furthermore, the hispanic

00:18:53.531 --> 00:18:55.531
population is projected to reach

00:18:56.940 --> 00:18:58.940
15% of the total area population

00:18:59.266 --> 00:19:01.703
bite year 2014.
I'm also of the opinion that we

00:19:03.375 --> 00:19:05.672
should not be creating an
environment in this country

00:19:06.547 --> 00:19:08.547
whether it is in arizona or

00:19:08.875 --> 00:19:10.875
north carolina or any other part

00:19:11.578 --> 00:19:13.578
of the united states that

00:19:13.656 --> 00:19:16.156
immigrants or the perception
that the immigrants are a threat

00:19:16.281 --> 00:19:18.891
to our country.
It is for that reason alone that

00:19:20.625 --> 00:19:22.625
I think the issue has to be

00:19:22.719 --> 00:19:24.719
addressed at the federal level.

00:19:24.859 --> 00:19:27.688
Also alerting our local
delegation to the north carolina

00:19:28.266 --> 00:19:30.266
general assembly of our opinion

00:19:30.828 --> 00:19:32.828
of the importance of this being

00:19:32.906 --> 00:19:34.969
a federal responsibility and not
necessarily a state

00:19:34.969 --> 00:19:37.500
responsibility.
Now, as I understand what has

00:19:40.672 --> 00:19:42.672
been proposed by arizona, the

00:19:42.906 --> 00:19:44.906
statute in effect, would require

00:19:45.470 --> 00:19:47.470
immigrants to carry documents at

00:19:47.344 --> 00:19:49.344
all times, verifying their

00:19:49.547 --> 00:19:52.156
immigration status, just to be
sure that if they were stopped

00:19:52.891 --> 00:19:55.688
they would have some validity
for being in this country.

00:20:01.940 --> 00:20:03.940
Now, if this is true, then we as

00:20:04.828 --> 00:20:06.266
a nation -- I take this very
seriously.

00:20:08.766 --> 00:20:10.766
We as a nation have really taken

00:20:11.766 --> 00:20:13.234
a state pass into the area of
segregation.

00:20:14.500 --> 00:20:16.578
We just celebrated juneteenth in
this city.

00:20:17.406 --> 00:20:19.406
The emancipation proclamation

00:20:19.719 --> 00:20:21.719
for african-americans who didn't

00:20:21.875 --> 00:20:24.344
discover they had been
emancipated until two years

00:20:25.160 --> 00:20:26.484
after it was actually
implemented.

00:20:27.750 --> 00:20:30.562
But there was also a time when
there were requirements that

00:20:31.859 --> 00:20:34.562
people had to have some type of
identity to prove that they had

00:20:39.406 --> 00:20:42.940
been emancipated.
We should not be stepping back

00:20:44.620 --> 00:20:46.766
to this point of time in our
history.
While I have not read all of the

00:20:47.766 --> 00:20:49.766
details of the proposed statute

00:20:49.906 --> 00:20:51.906
in arizona.

00:20:52.470 --> 00:20:54.470
that is one that steps out

00:20:54.547 --> 00:20:57.375
pretty clearly as possibly what
could happen.

00:20:58.719 --> 00:21:01.719
As an african-american I take
great offense that any
government would allow persons

00:21:02.922 --> 00:21:05.750
to be questioned by the police
department about the immigration
status.

00:21:06.250 --> 00:21:09.125
Simply because that person May
be suspected of being in this

00:21:11.125 --> 00:21:14.125
country illegally.
here in the united states, we

00:21:19.310 --> 00:21:20.406
have races of all hues and
color.

00:21:22.000 --> 00:21:23.438
Not denoting whether you are
hispanic.

00:21:24.438 --> 00:21:26.438
I will ask, if you don't mind,

00:21:26.875 --> 00:21:29.109
put the signs down or else
remove yourself from the

00:21:29.109 --> 00:21:31.844
audience.
I would appreciate if you would

00:21:35.891 --> 00:21:37.891
put the signs down.

00:21:41.219 --> 00:21:43.219
I am also of the opinion that we

00:21:45.891 --> 00:21:48.531
hire to run this city three
persons, the city manager, the

00:21:49.620 --> 00:21:50.406
city attorney and the city
clerk.

00:21:51.641 --> 00:21:53.641
And I think it is appropriate

00:21:53.766 --> 00:21:56.266
the decisions concerning city
business travel should be left

00:21:59.406 --> 00:22:01.844
in the hands of those three
administrators.

00:22:02.109 --> 00:22:04.109
Therefore, I'm recommending that

00:22:05.312 --> 00:22:07.312
the hr resolution that we have

00:22:07.984 --> 00:22:09.984
seen from the human relations

00:22:10.391 --> 00:22:12.391
council and Councilman Eugene

00:22:14.594 --> 00:22:16.828
brown be modified to reflect
leaving that responsibility to

00:22:17.940 --> 00:22:19.940
the three city administrators

00:22:19.266 --> 00:22:22.620
that we hired.
If there are exceptions then

00:22:22.766 --> 00:22:25.766
they should bring that to the
city council's attention for
resolution.

00:22:27.310 --> 00:22:29.266
This has been incorporated into
Councilman Brown's resolution

00:22:30.578 --> 00:22:32.578
that I have attached for

00:22:33.160 --> 00:22:35.160
consideration by this council.

00:22:35.141 --> 00:22:37.641
as an alternative to the two
resolutions that were presented

00:22:38.953 --> 00:22:40.656
this evening from the city
attorney.

00:22:42.219 --> 00:22:44.547
Now, I have asked the city
manager, the city attorney to

00:22:44.984 --> 00:22:47.125
pass out copies of that
resolution to each of the

00:22:47.250 --> 00:22:49.250
council members.

00:22:49.891 --> 00:22:52.328
And again, I did this late this
evening, prior to coming

00:22:52.328 --> 00:22:54.328
downtown.

00:22:54.500 --> 00:22:56.797
So council members maybe have
not had an opportunity to read

00:22:56.828 --> 00:22:58.828
the resolution.

00:22:59.500 --> 00:23:01.906
And I would ask at this time to
allow the council members time

00:23:03.906 --> 00:23:06.281
to look at the resolution for
discussion and any other matters

00:23:09.406 --> 00:23:11.406
that they care to discuss.

00:23:12.688 --> 00:23:14.688
While the council members are

00:23:16.125 --> 00:23:18.125
looking at the resolution I'll

00:23:19.470 --> 00:23:20.484
just read the resolution as
proposed.

00:23:21.859 --> 00:23:23.859
I need to put on my glasses to

00:23:25.891 --> 00:23:27.891
make sure I read it correctly.

00:23:28.469 --> 00:23:30.469
The resolution reads whereas

00:23:31.310 --> 00:23:33.310
recent legislative action in the

00:23:33.562 --> 00:23:35.562
state of arizona has cast light

00:23:35.609 --> 00:23:37.875
on our flawed national
immigration system and whereas

00:23:38.312 --> 00:23:40.312
until our flawed national

00:23:40.703 --> 00:23:43.250
immigration system is reformed,
employee who pay fair wages,

00:23:43.609 --> 00:23:45.609
offer good benefits and

00:23:45.984 --> 00:23:47.984
otherwise apply by applicable

00:23:48.547 --> 00:23:50.547
labor laws will continue to be

00:23:51.219 --> 00:23:53.219
undercut by employer who gain

00:23:54.470 --> 00:23:56.470
unfair market advantage by

00:23:56.828 --> 00:23:59.766
ex-pliting immigration status
and violate labor laws.

00:24:00.125 --> 00:24:02.891
Whereas local law enforcement
will continue to be pressured to

00:24:04.310 --> 00:24:06.500
bear unfair burdens of what is
legally a federal

00:24:07.000 --> 00:24:09.000
responsibility, while at the

00:24:09.234 --> 00:24:11.875
same time possibly taking away
from the good community efforts

00:24:13.203 --> 00:24:15.703
of countless police departments.
Whereas until our flawed

00:24:16.516 --> 00:24:18.516
national immigration system is

00:24:18.844 --> 00:24:20.844
reformed, they will continue to

00:24:21.953 --> 00:24:23.953
fill the corrosive tension of
immigration to pit worker

00:24:25.250 --> 00:24:27.219
against worker and neighbor
against neighbor and whereas

00:24:28.453 --> 00:24:30.453
until our flawed national

00:24:30.828 --> 00:24:32.828
immigration system is flawed we

00:24:33.422 --> 00:24:36.234
will be challenged by the entry
of the united states and

00:24:36.328 --> 00:24:38.469
circumvention of the national
immigration laws.

00:24:39.438 --> 00:24:42.297
we believe fair, effective,
reliable border security must be

00:24:44.141 --> 00:24:46.141
a central feature of any

00:24:46.266 --> 00:24:49.172
national comprehensive
immigration reform package.

00:24:49.734 --> 00:24:52.578
Whereas the failed immigration
system failed the most basic

00:24:54.219 --> 00:24:56.688
test of the economy of humanity,
ignoring the reality that

00:24:57.780 --> 00:24:59.891
propose workers to the united
states and the role it fills in

00:25:02.219 --> 00:25:04.219
the economy and ignoring the

00:25:04.250 --> 00:25:06.531
bonds that form immigrant
workers together and too much

00:25:06.531 --> 00:25:09.310
apart.
Whereas comprehensive national

00:25:09.266 --> 00:25:11.266
immigration reform will serve to

00:25:11.297 --> 00:25:13.297
boost wages for native born and

00:25:13.562 --> 00:25:16.000
immigrant workers inaccuracy
annual tax arrive new for all

00:25:16.828 --> 00:25:18.828
levels of government, provide a

00:25:19.469 --> 00:25:22.000
needed boost for private sector
economic activity, whereas

00:25:23.641 --> 00:25:25.641
immigrants through hard work and

00:25:25.781 --> 00:25:28.375
pursuit of lives for themselves,
families and communities have

00:25:28.547 --> 00:25:31.160
been integral to the development
of durham, north carolina and

00:25:31.219 --> 00:25:33.219
the united states and continue
to make valuable contributions

00:25:35.281 --> 00:25:38.156
to our city, state and nation
and every area of endeavor and

00:25:38.656 --> 00:25:41.359
sector of the economy.
Whereas this nation was founded

00:25:43.453 --> 00:25:45.453
on legal and ethical principles

00:25:45.703 --> 00:25:48.000
that demand dignity, respect and
equality of treatment for all

00:25:48.734 --> 00:25:50.734
people regardless of country of

00:25:51.620 --> 00:25:53.938
origin and whereas the culture
of the united states over 2 and

00:25:55.641 --> 00:25:58.641
a quarter centuries represents a
fast diversity of cultures that

00:25:59.203 --> 00:26:01.609
were transported to our country
at different times for different

00:26:04.188 --> 00:26:06.188
reasons and each added their own

00:26:06.922 --> 00:26:08.891
unique color and nature to the
tapestry of life.

00:26:10.470 --> 00:26:12.156
Therefore be it resolved by the
city council of the city of

00:26:13.297 --> 00:26:15.953
durham that the council of the
city calls upon President Barack

00:26:15.953 --> 00:26:17.953
obama, united states congress

00:26:18.734 --> 00:26:20.734
and north carolina congressional

00:26:21.000 --> 00:26:23.328
delegation to take swift and
responsible legislative action

00:26:24.828 --> 00:26:26.828
to produce fair, humane,

00:26:26.938 --> 00:26:29.844
effective and comprehensive
federal immigration reform.

00:26:30.906 --> 00:26:33.750
Reform that enhances american
stability, security, prosperity

00:26:36.484 --> 00:26:38.641
by providing a path to earn
legalization, citizenship and

00:26:39.281 --> 00:26:41.891
social immigration for our
existing immigrant workforce and

00:26:42.281 --> 00:26:45.160
their families.
equitable access to higher

00:26:45.891 --> 00:26:48.859
education for immigrant students
already being educated in

00:26:50.940 --> 00:26:52.940
american public schools, enhance

00:26:52.422 --> 00:26:55.266
enforcement of labor laws
effective and fully funded

00:26:55.328 --> 00:26:57.328
border control.

00:26:57.500 --> 00:27:00.234
Fair enforceable immigration
laws.
Family unification.

00:27:01.375 --> 00:27:03.672
A rate of the system of
controlled immigration that

00:27:05.172 --> 00:27:07.172
matches the needs of our economy

00:27:07.844 --> 00:27:10.344
and bilateral partnerships to
promote economic development to

00:27:12.141 --> 00:27:14.141
reduce the flow of immigrants in

00:27:15.984 --> 00:27:18.547
the first place.
Section 2 direct the city

00:27:19.156 --> 00:27:21.984
manager, city attorney and city
clerk unless approved by the

00:27:24.953 --> 00:27:27.266
city council to suspend all
city-related business travel

00:27:28.000 --> 00:27:30.000
expenses paid for or reimbursed

00:27:31.620 --> 00:27:33.234
by city funds for events and
conferences of any kind held

00:27:34.734 --> 00:27:36.734
within the state of arizona.

00:27:38.578 --> 00:27:40.672
If arizona senate bill 1070
otherwise known as the support

00:27:42.160 --> 00:27:43.938
of law enforcement act becomes
law.

00:27:46.781 --> 00:27:49.281
three, should arizona senate
bill 1070 become law, it will be

00:27:50.547 --> 00:27:53.125
continued until it is repealed.
Section 4, the clerk of the city

00:27:53.422 --> 00:27:55.422
of durham is hereby directed to

00:27:55.562 --> 00:27:57.391
deliver a certified copy of this
proclamation to the

00:28:00.328 --> 00:28:02.328
congressional offices of the us

00:28:04.594 --> 00:28:07.234
senate richard bur, kay hagen
and congressman david price

00:28:08.797 --> 00:28:11.469
along with our local delegation
to the general assembly.

00:28:11.766 --> 00:28:13.766
Section 5 this resolution shall

00:28:15.578 --> 00:28:18.250
be effective on or after its
passage.
That is the proposed alternative

00:28:19.422 --> 00:28:21.422
resolution that I put before the

00:28:21.922 --> 00:28:23.922
council for consideration.

00:28:24.312 --> 00:28:27.281
Again, I have to congratulate
human relations council for its

00:28:27.781 --> 00:28:30.250
efforts in coming to the table
with what they had.

00:28:32.940 --> 00:28:34.688
I also want to congratulate and
acknowledge Councilman Eugene

00:28:36.531 --> 00:28:39.266
brown for their efforts on their
behalf.
Again this is a sensitive issue.

00:28:40.172 --> 00:28:42.375
We want to have something that
is meaningful.

00:28:43.469 --> 00:28:46.469
I think this resolution is
meaningful fort sense it does

00:28:47.470 --> 00:28:49.470
address the issues we heard

00:28:50.281 --> 00:28:52.281
raised so many times but takes

00:28:52.844 --> 00:28:54.844
in effect what really action

00:28:55.141 --> 00:28:57.891
that this council can take in
adopting a resolution to impact

00:28:59.547 --> 00:29:01.250
what is being proposed in
arizona state senate.

00:29:02.940 --> 00:29:04.297
Having said that, I will turn it
back to the council for comments

00:29:07.620 --> 00:29:09.620
and questions on the resolution.

00:29:09.797 --> 00:29:12.594
recognize Councilman Ali.
>> thank you, Mr. Mayor, as you

00:29:13.906 --> 00:29:16.375
said, we just received these
documents, I wanted to look at

00:29:16.375 --> 00:29:19.172
them.
The first sheet, it didn't have

00:29:20.672 --> 00:29:22.672
what it was introduced by.

00:29:22.875 --> 00:29:24.969
>> human relations commission.
>> right.

00:29:26.109 --> 00:29:28.109
So you have -- what I'm asking

00:29:28.688 --> 00:29:31.470
is you have successfully blended
both of the documents into one

00:29:32.125 --> 00:29:34.484
circumstances that what I am
hearing?
>> in effect, I made one

00:29:34.484 --> 00:29:36.891
important change.
>> what is that?

00:29:37.219 --> 00:29:40.620
>> the important change is that
it would be left to the city

00:29:40.797 --> 00:29:42.797
manager, city attorney and city

00:29:44.203 --> 00:29:46.203
clerk to determine if any travel

00:29:46.625 --> 00:29:48.625
was to go to arizona.

00:29:48.703 --> 00:29:50.703
We're directing them not to, but

00:29:51.328 --> 00:29:53.328
in the event that they see fit

00:29:53.531 --> 00:29:56.469
to do so, they will come back to
this council for an explanation
why.

00:29:58.160 --> 00:30:00.160
I think one of the pieces that

00:30:00.470 --> 00:30:02.470
we really could be confronted

00:30:03.470 --> 00:30:05.470
with is the issue that was in

00:30:05.188 --> 00:30:06.953
the original document where the
police department, for whatever

00:30:08.470 --> 00:30:10.470
reason May have to travel to the

00:30:11.281 --> 00:30:13.719
state of arizona to pick up
someone or whatever.

00:30:15.531 --> 00:30:18.310
We certainly don't want to
deprive the police department of

00:30:19.500 --> 00:30:21.469
being able to do its duty, but
recognizing the fact that the

00:30:22.940 --> 00:30:24.406
mrpt coming under the management
and direction of the city

00:30:24.406 --> 00:30:26.172
manager.
Fort city manager so decided

00:30:27.000 --> 00:30:29.500
that would be the case, he would
bring it to the council and the

00:30:29.609 --> 00:30:32.375
council would make a decision.
i use that as an example.

00:30:33.160 --> 00:30:35.750
There May be other extreme case
yes it might be necessary to

00:30:36.484 --> 00:30:38.484
have an exception to this.

00:30:38.844 --> 00:30:40.844
And at that time, we would

00:30:41.312 --> 00:30:43.312
expect either one of the

00:30:45.453 --> 00:30:48.297
department managers which I
would ask to bring it forward to

00:30:48.953 --> 00:30:50.953
council to make an xemz.

00:30:51.297 --> 00:30:53.969
i'm of the opinion that there is
very little business travel that

00:30:54.310 --> 00:30:56.594
this council -- this
administration does in arizona.

00:30:57.594 --> 00:30:59.594
The city attorney has already

00:31:00.172 --> 00:31:02.703
spoken to the fact about our
inability to stop doing business

00:31:03.234 --> 00:31:05.234
with the state of arizona.

00:31:05.578 --> 00:31:07.938
In effect, it puts it in the
hands of those persons who run

00:31:09.344 --> 00:31:12.250
the city on a day-to-day basis,
but it doesn't relieve us as a

00:31:13.922 --> 00:31:15.984
council from making the final
determination, if that was the

00:31:15.984 --> 00:31:17.984
case.

00:31:18.940 --> 00:31:20.922
>> the city manager -- he's
already approved all of the

00:31:23.125 --> 00:31:24.766
expenses as of today; is that
correct?

00:31:26.188 --> 00:31:28.703
Any expenses that we have that
would create that?

00:31:28.891 --> 00:31:30.359
>> I'm not sure what the
question is.

00:31:31.310 --> 00:31:33.310
>> I think one of the things i

00:31:33.469 --> 00:31:36.297
saw in the first resolution was
suspend all city-related

00:31:36.375 --> 00:31:38.375
business travel paid for by the

00:31:38.672 --> 00:31:41.203
city funds, that is under your
purview anyway, right?

00:31:41.516 --> 00:31:43.938
>> with the exception of what
would come under the city

00:31:44.219 --> 00:31:46.812
attorney or city clerk.
>> we also disrupted the city

00:31:47.344 --> 00:31:50.312
attorney to do it as well.
>> again, it recognizes the fact

00:31:51.484 --> 00:31:53.750
that again, we hired three
persons on this council to run

00:31:55.219 --> 00:31:56.656
the day-to-day affairs of city
council.

00:31:58.688 --> 00:32:00.391
City manager, city attorney and
city clerk.

00:32:01.469 --> 00:32:04.469
I don't necessarily want to tie
their hands unnecessarily of

00:32:05.234 --> 00:32:07.375
making decisions of this matter.
If they feel there is an

00:32:07.375 --> 00:32:10.266
exception.
I'm suggesting it comes back to

00:32:11.310 --> 00:32:13.310
the council and the council will

00:32:13.734 --> 00:32:15.906
make the ultimate determination
about the travel.

00:32:16.281 --> 00:32:18.281
>> so the blended resolution

00:32:18.641 --> 00:32:21.547
takes the spirit of ensuring
that we still are suspended

00:32:21.922 --> 00:32:24.625
business travel unless it is
brought to us by the city

00:32:25.359 --> 00:32:26.750
attorney, city clerk or city
manager?

00:32:27.656 --> 00:32:29.656
>> that is correct.

00:32:33.234 --> 00:32:35.234
>> thank you.

00:32:35.859 --> 00:32:37.734
>> recognize Councilman Brown
then Councilman Clement.

00:32:45.780 --> 00:32:46.844
>> thank you, Mr. Mayor.
Several questions.

00:32:48.609 --> 00:32:51.281
Number one, based upon your
comments, I do not have that in

00:32:52.344 --> 00:32:53.750
front of me, but what you just
read.

00:32:55.922 --> 00:32:57.922
no, not the resolution, but I

00:33:01.281 --> 00:33:03.281
think you mentioned something

00:33:06.766 --> 00:33:08.766
about how senate bill 1070 would

00:33:10.391 --> 00:33:13.203
give local authorities ie police
and sheriff, the right to come

00:33:15.531 --> 00:33:17.531
up and question and ask for

00:33:18.531 --> 00:33:20.531
their identity.

00:33:23.906 --> 00:33:26.844
So the question I would have,
because I don't believe that's
true.

00:33:28.781 --> 00:33:31.188
The question I would have, and
perhaps this should be directed

00:33:33.250 --> 00:33:35.250
not only to you, Mr. Mayor, but

00:33:36.188 --> 00:33:38.188
to the advocate of this first

00:33:39.219 --> 00:33:41.219
resolution, Councilman Woodard,

00:33:43.422 --> 00:33:46.620
where do you find such actions
permitted under sb 1070.

00:33:46.594 --> 00:33:48.594
>> let me say this.

00:33:48.938 --> 00:33:51.172
I need to maybe read again what
my comments were.

00:33:52.234 --> 00:33:54.234
We know in fact that you can

00:33:55.780 --> 00:33:57.750
have a law that is set up to do
certain things, but in effect

00:33:58.484 --> 00:34:00.672
the way it is carried out it
does the opposite of what you

00:34:00.672 --> 00:34:02.672
don't want.

00:34:02.984 --> 00:34:05.188
There is nothing in there that
says specifically a police

00:34:07.160 --> 00:34:09.160
officer can come up and ask

00:34:09.250 --> 00:34:10.656
someone are they here legal or
illegal.

00:34:12.750 --> 00:34:14.750
But it does say that in effect

00:34:17.359 --> 00:34:19.359
if there is -- that they might

00:34:20.620 --> 00:34:22.469
suspect that persons are here
illegal for whatever reason they

00:34:22.531 --> 00:34:24.531
can ask that question.

00:34:26.844 --> 00:34:28.844
The impact of it is that to make

00:34:29.609 --> 00:34:31.609
sure that people don't have -- 

00:34:31.875 --> 00:34:33.875
even who are here legally.

00:34:33.984 --> 00:34:35.984
Immigrants who are here legally,

00:34:36.516 --> 00:34:38.516
to ensure that they aren't faced

00:34:38.719 --> 00:34:40.719
with that, it almost would

00:34:41.160 --> 00:34:43.422
require them to carry some type
of identification at all times

00:34:44.984 --> 00:34:46.516
to make sure if I am stopped I
have proof.

00:34:47.531 --> 00:34:48.859
In america, that is not a way of
life.

00:34:50.500 --> 00:34:52.500
That draws back to the point

00:34:54.234 --> 00:34:56.234
they made that during

00:34:57.375 --> 00:34:59.500
segregation times after the
emancipation proclamation, even

00:35:00.969 --> 00:35:02.969
though persons were emancipated,

00:35:03.609 --> 00:35:05.609
they still were required somehow

00:35:05.641 --> 00:35:08.109
to carry proof that they had
been emancipated.

00:35:09.609 --> 00:35:12.160
And this type of ruling in
effect gives you the same

00:35:12.160 --> 00:35:14.160
effect.

00:35:14.281 --> 00:35:16.281
It might not say that, but out

00:35:16.547 --> 00:35:18.547
of abundance of caution, I'm

00:35:18.859 --> 00:35:20.859
going to make sure I have my

00:35:21.125 --> 00:35:23.453
card to show that I am here
legally in this community.

00:35:27.940 --> 00:35:30.620
>> well, it appears that -- 
>> really this is a council

00:35:30.531 --> 00:35:33.328
discussion and while you May be
for or against, I just want to

00:35:33.734 --> 00:35:35.734
keep it here.

00:35:37.141 --> 00:35:38.938
If we could limit not having any
applause.

00:35:40.344 --> 00:35:42.344
not letting the sign and let the

00:35:42.516 --> 00:35:44.719
council have a discussion.
Councilman Brown.
>> thank you.

00:35:46.547 --> 00:35:48.547
I hope my colleagues have read

00:35:48.812 --> 00:35:50.812
as I have, senate bill 1070.

00:35:52.688 --> 00:35:54.688
I do not find that in the bill.

00:35:55.391 --> 00:35:57.391
Secondly, as perhaps some of you

00:35:57.828 --> 00:35:59.828
know, the bill to the credit of

00:36:00.359 --> 00:36:02.359
arizona was changed from the

00:36:02.672 --> 00:36:04.672
original that was presented in

00:36:06.562 --> 00:36:08.562
April and changed in May.

00:36:10.609 --> 00:36:12.609
The language was inserted was

00:36:12.734 --> 00:36:14.734
really four steps to avoid this

00:36:15.203 --> 00:36:17.203
sort of thing from happening.

00:36:21.688 --> 00:36:23.688
step one, a law enforcement

00:36:24.625 --> 00:36:26.625
official has made a lawful stop

00:36:27.859 --> 00:36:29.297
or detention or arrest of an
individual.

00:36:30.188 --> 00:36:31.625
Step two, developed a reasonable
suspicion.

00:36:32.656 --> 00:36:34.625
The individual is not in this
country legally.

00:36:35.672 --> 00:36:37.672
Step three, on the basis of this

00:36:39.310 --> 00:36:41.310
reasonable suspicion, a law

00:36:41.734 --> 00:36:43.734
enforcement contacts the ice

00:36:45.609 --> 00:36:47.609
which you know is the federal

00:36:48.812 --> 00:36:50.812
grants that is charged with

00:36:51.406 --> 00:36:53.406
enforcing our national

00:36:53.688 --> 00:36:55.688
immigration statutes.

00:36:56.625 --> 00:36:58.625
To notify or verify, I should

00:37:00.940 --> 00:37:01.828
say the individual's immigration
status.

00:37:04.940 --> 00:37:06.940
so what this law stated is that

00:37:06.625 --> 00:37:08.625
before really anything can

00:37:11.172 --> 00:37:13.906
happen, the current -- the
person's immigration status

00:37:14.438 --> 00:37:16.438
should be verified by the

00:37:24.281 --> 00:37:26.781
federal government, pursuant to
usc 1373 c.

00:37:27.609 --> 00:37:29.609
That is their job.

00:37:29.984 --> 00:37:31.984
So in essence, in my judgment,

00:37:32.625 --> 00:37:34.625
particularly since it was

00:37:34.953 --> 00:37:36.953
modified, and I do not support,

00:37:38.656 --> 00:37:40.656
by the way sb 1070 because I

00:37:41.656 --> 00:37:43.656
think immigration statutes and

00:37:45.620 --> 00:37:47.620
laws are by statute responsible

00:37:47.328 --> 00:37:49.328
to the federal government.

00:37:49.969 --> 00:37:52.406
It is their responsibility.
Arizona is under siege.

00:37:54.234 --> 00:37:56.234
This is why they have come up

00:37:58.781 --> 00:38:00.781
with this bill.

00:38:02.812 --> 00:38:04.812
They're a border state and

00:38:06.484 --> 00:38:08.484
they're being inundated with

00:38:09.125 --> 00:38:11.125
undocumented workers.

00:38:11.359 --> 00:38:13.359
So getting back to the legal

00:38:15.766 --> 00:38:17.766
aspect of this, again, I think

00:38:18.469 --> 00:38:20.969
it's -- we're treading very
loosely here on the statute.

00:38:23.109 --> 00:38:25.109
And to say this May happen, this

00:38:26.344 --> 00:38:28.172
is a law that is yet to even go
into effect.

00:38:33.906 --> 00:38:35.750
It May be amended again.
As it was already.

00:38:37.219 --> 00:38:39.922
I would like to ask the city
attorney his judgment, his

00:38:42.656 --> 00:38:44.125
rendering on what is being
discussed.

00:38:44.797 --> 00:38:46.859
>> gene, I know you directed
your question to the city

00:38:46.984 --> 00:38:49.422
manager, but in response to the
question I raised.

00:38:50.766 --> 00:38:53.234
I think the point that you read
is the concern.
Item 2.

00:38:54.172 --> 00:38:55.797
You want to read that again,
section two of that.

00:38:57.844 --> 00:39:00.203
>> yeah, they can ask, law
enforcement officer has
established.

00:39:00.234 --> 00:39:02.234
>> that is the point.

00:39:02.438 --> 00:39:04.438
Has developed a reasonable.

00:39:04.938 --> 00:39:07.812
So what it means is that the
person can be stopped because

00:39:09.344 --> 00:39:11.719
this officer thinks he's
developed a reasonable suspicion

00:39:12.281 --> 00:39:14.281
to stop that person.

00:39:15.188 --> 00:39:16.688
>> but this is after he's made a
lawful stop.

00:39:20.310 --> 00:39:21.391
>> lawful stop is the same
thing.

00:39:23.500 --> 00:39:25.500
You know, I see you doing

00:39:25.828 --> 00:39:28.266
whatever I think you're doing
incorrectly.
I will stop you.

00:39:30.203 --> 00:39:32.938
The second part is, I have
reason to suspect for whatever

00:39:33.109 --> 00:39:35.672
reason, I don't know how you
determine somebody is illegal or

00:39:36.547 --> 00:39:39.406
not, they have determined that
suspicion and they can move on.

00:39:39.406 --> 00:39:41.406
That is the whole question.

00:39:44.453 --> 00:39:46.453
You know, what is a reasonable

00:39:46.578 --> 00:39:48.578
reason to suspect the person is
here legally.

00:39:49.188 --> 00:39:51.750
He made a lawful stop.
The next step is I think this

00:39:52.281 --> 00:39:54.422
guy is here illegally.
I will question him.

00:39:55.797 --> 00:39:57.625
If he is here legally, he moves
on.

00:39:58.422 --> 00:40:00.422
It is all those persons that are

00:40:01.000 --> 00:40:03.000
here legally that get stopped

00:40:04.000 --> 00:40:06.000
because somebody thinks, you

00:40:07.500 --> 00:40:10.375
know, they're here for -- as an
illegal.
They have suspicions that

00:40:12.703 --> 00:40:14.703
they're here being illegal.

00:40:15.641 --> 00:40:18.344
Again, the point about whether
it will be adopted or not, this

00:40:19.844 --> 00:40:21.344
is what the resolution speaks
to.

00:40:22.312 --> 00:40:24.547
It says if it's adopted.
If it is adopted.

00:40:26.516 --> 00:40:28.297
That is what the resolution
says.

00:40:40.766 --> 00:40:42.766
it says if it's adopted.

00:40:43.310 --> 00:40:45.310
Should arizona senate bill 1070

00:40:45.470 --> 00:40:47.203
go into law, the suspension
shall continue.

00:40:49.812 --> 00:40:52.688
and it says if arizona senate
bill 1070 otherwise known as

00:40:54.780 --> 00:40:56.656
support our law enforcement safe
neighbor act becomes law.

00:40:57.781 --> 00:41:00.188
So no action is taken on this if
it doesn't become a law.

00:41:00.859 --> 00:41:02.562
The provision is if it welcomes
a law.

00:41:04.310 --> 00:41:06.734
As you said, it might be
modified to do whatever needs to

00:41:07.531 --> 00:41:09.531
be done.

00:41:12.620 --> 00:41:14.620
i'm certain that it's in fact

00:41:14.672 --> 00:41:16.672
the city manager, the city

00:41:18.312 --> 00:41:20.312
attorney and the city clerk for

00:41:20.375 --> 00:41:23.172
whatever reason deem it
necessary that city employees

00:41:25.453 --> 00:41:28.281
travel to arizona to do
business, that make that call

00:41:29.719 --> 00:41:31.125
and then bring it back to this
council.

00:41:32.125 --> 00:41:33.516
If we're in agreement, it
happens.

00:41:34.250 --> 00:41:35.625
If we're not in agreement they
don't.

00:41:36.531 --> 00:41:38.984
But again, I will go back to the
city attorney because I did

00:41:41.922 --> 00:41:43.922
direct the question there.

00:41:43.969 --> 00:41:46.297
Speen if you could repeat the
specific question.

00:41:46.734 --> 00:41:48.734
You knew that was coming.

00:41:49.734 --> 00:41:51.734
>> the question is, in my

00:41:51.812 --> 00:41:53.812
judgment, the arizona statute,

00:41:56.781 --> 00:41:58.781
the bill mirrors and reflects

00:41:59.109 --> 00:42:01.109
federal immigration policy.

00:42:02.453 --> 00:42:04.453
And indeed, it is not full

00:42:05.470 --> 00:42:07.470
filled until the individuals

00:42:11.328 --> 00:42:13.328
from ice are contacted.

00:42:13.531 --> 00:42:15.531
So are we going out on a limb

00:42:16.594 --> 00:42:18.594
here and suggesting or thinking

00:42:20.828 --> 00:42:22.828
and defining -- here we are 2000

00:42:23.203 --> 00:42:25.203
miles from arizona and dictating

00:42:25.766 --> 00:42:27.766
to a state of 6.6 million people

00:42:28.469 --> 00:42:30.875
that we sitting here in the city
of durham chamber is concerned

00:42:34.344 --> 00:42:36.344
about the term "reasonable"?

00:42:37.391 --> 00:42:39.391
And is that an effective policy

00:42:41.359 --> 00:42:43.359
that swhee adopt?

00:42:44.859 --> 00:42:47.422
>> Councilman Brown, I think I
understand your question.

00:42:49.531 --> 00:42:51.531
My response would be that as i

00:42:52.938 --> 00:42:54.938
understand the constitutional

00:42:55.940 --> 00:42:57.266
concerns, the issue revolves
around the reasonableness.

00:42:59.203 --> 00:43:01.672
So once you have made your
legitimate traffic stop or what

00:43:03.641 --> 00:43:05.641
have you, that that section 2

00:43:06.953 --> 00:43:09.516
that you read is where some
individuals believe that that is

00:43:10.984 --> 00:43:12.609
going to be unconstitutionally
vague.

00:43:13.812 --> 00:43:15.812
it will allow unfettered

00:43:16.250 --> 00:43:18.250
discretion on behalf of law

00:43:18.688 --> 00:43:20.688
enforcement official to make a

00:43:22.328 --> 00:43:24.328
decision based on whatever is in

00:43:24.766 --> 00:43:26.766
his -- his or her view at the

00:43:26.906 --> 00:43:29.562
time as to whether or not there
is reasonable suspicion to

00:43:30.000 --> 00:43:32.000
believe that an individual May

00:43:32.438 --> 00:43:33.875
not be here in this country
legally.

00:43:35.469 --> 00:43:37.469
as I understand the argument

00:43:38.172 --> 00:43:40.172
goes, that that discretion May

00:43:41.470 --> 00:43:43.578
be exerted based on the color or
appearance of the individual

00:43:43.984 --> 00:43:46.688
rather than some legitimate
means for making the
determination.

00:43:46.688 --> 00:43:49.391
That is the issue.
I'm not an expert in immigration

00:43:52.484 --> 00:43:54.484
law, but certainly, based on the

00:43:55.484 --> 00:43:57.484
first cut of senate bill 1070,

00:43:57.922 --> 00:44:00.359
prior to the amendment that you
brought up, there was the

00:44:02.297 --> 00:44:05.172
concern that it appeared that it
encouraged arizona law

00:44:05.172 --> 00:44:07.797
enforcement officials to go
looking for undocumented

00:44:08.609 --> 00:44:11.141
workers, based on nothing more
than their reasonable suspicion.

00:44:12.906 --> 00:44:14.906
My guess is that when they made

00:44:16.953 --> 00:44:18.953
the change and the amendment to

00:44:19.656 --> 00:44:22.250
the law, that individuals
believed that if that is what

00:44:22.812 --> 00:44:24.812
you really intended that you

00:44:25.940 --> 00:44:27.940
weren't going on a proverbial

00:44:27.359 --> 00:44:29.797
witch hunt looking for
undocumented individuals, that

00:44:30.310 --> 00:44:32.422
you wouldn't have put it in
there in the first place.

00:44:33.469 --> 00:44:36.328
That is where I believe the
distrust has come.
I don't know that that answers

00:44:37.734 --> 00:44:39.734
your question, but trying to at

00:44:39.938 --> 00:44:42.310
least give you my perspective.
>> what is the difference

00:44:43.469 --> 00:44:45.469
between the language in this

00:44:45.844 --> 00:44:47.844
statute versus the federal
immigration statute?

00:44:49.312 --> 00:44:51.312
>> well, ultimately the language

00:44:51.688 --> 00:44:53.688
in this statute does refer to

00:44:53.750 --> 00:44:56.547
the federal immigration laws.
There is no question, that they

00:44:56.625 --> 00:44:58.984
route them to the existing
federal statute.

00:44:59.453 --> 00:45:01.453
So I guess the question that has

00:45:02.391 --> 00:45:04.391
been raised is the portal by

00:45:04.562 --> 00:45:07.297
which they're sent into the
federal immigration laws.

00:45:08.562 --> 00:45:10.562
That's the question that I think

00:45:10.969 --> 00:45:12.969
has people concerned and I would

00:45:13.141 --> 00:45:14.531
imagine the courts would have to
decide.

00:45:15.562 --> 00:45:17.562
>> I think this will all end up

00:45:20.780 --> 00:45:22.780
in the courts.

00:45:25.470 --> 00:45:27.406
I think, in all condor into the
supreme court will overturn the

00:45:28.953 --> 00:45:31.812
arizona law because it violates
the 14th amendment injunction

00:45:32.422 --> 00:45:35.156
against states setting
immigration policy.

00:45:36.797 --> 00:45:38.297
But again, determine
"reasonable."

00:45:42.125 --> 00:45:44.125
that also is applicable to those

00:45:44.234 --> 00:45:46.234
within the federal government

00:45:52.000 --> 00:45:53.875
who ask to enforce the federal
immigration law.

00:45:55.406 --> 00:45:57.406
The burden of proof rests with

00:46:14.422 --> 00:46:17.156
each individual officer.
Again, why are we trying to

00:46:17.266 --> 00:46:19.266
dictate what happens in arizona

00:46:19.938 --> 00:46:21.938
when the statutes are similar?

00:46:23.310 --> 00:46:25.406
>> I consider this guidance to
what happens in the city of

00:46:26.780 --> 00:46:28.906
durham relative to do we conduct
business travel it is to the

00:46:30.109 --> 00:46:32.438
state of arizona while this
resolution is hanging over the

00:46:33.516 --> 00:46:35.516
head of the state of arizona,

00:46:35.922 --> 00:46:38.156
not having been adopted, but
just sitting there.

00:46:39.156 --> 00:46:41.156
Again, nothing stops anyone from

00:46:42.250 --> 00:46:44.391
going to arizona, if in fact
this particular bill has not

00:46:44.656 --> 00:46:47.156
been enacted.
Nothing stops anyone from going

00:46:49.310 --> 00:46:50.828
to arizona even if it is
enacted.

00:46:52.297 --> 00:46:54.297
It is within the wisdom of the

00:46:54.969 --> 00:46:57.703
city manager, city attorney or
city clerk under the

00:46:58.109 --> 00:47:00.344
jurisdiction to which they git
comes back to this council to

00:47:00.344 --> 00:47:02.344
make that decision.

00:47:06.109 --> 00:47:08.109
>> Mr. Mayor, I guess I have

00:47:08.141 --> 00:47:10.141
just a couple of questions.

00:47:11.250 --> 00:47:13.250
How would you change this

00:47:13.859 --> 00:47:15.859
statute, senate bill 1070 so

00:47:15.984 --> 00:47:17.984
that you will -- so that you

00:47:18.940 --> 00:47:20.219
would feel comfortable with it.
>> I wouldn't attempt to talk

00:47:20.266 --> 00:47:22.688
about changing it.
i think the gist of the

00:47:23.500 --> 00:47:25.500
resolution is to say, hey, it is

00:47:25.562 --> 00:47:27.562
an issue, it is an issue not

00:47:27.625 --> 00:47:29.797
only in the arizona, it is an
issue throughout this country.

00:47:30.297 --> 00:47:33.266
Whether it is a bigger issue
than the economy or afghanistan,

00:47:33.312 --> 00:47:35.344
that is all relative.
It is an issue.

00:47:35.641 --> 00:47:38.470
We think that it appropriately
needs to be dealt with at the

00:47:38.470 --> 00:47:40.781
federal level.
Basically, what this resolution

00:47:42.250 --> 00:47:44.250
does is sends from the President

00:47:44.484 --> 00:47:46.719
On down to our congressional
delegation and even our state

00:47:47.719 --> 00:47:49.984
and local delegation to say, you
know, we think something needs

00:47:50.891 --> 00:47:52.891
to be done in terms of setting

00:47:54.219 --> 00:47:56.391
the policy of immigration in the
united states, not necessarily

00:47:57.734 --> 00:47:59.656
arizona, not necessarily durham,
but the united states.

00:47:59.859 --> 00:48:02.940
Whether they choose to do
anything about it, that is

00:48:02.940 --> 00:48:04.328
another issue.
I don't want to get too far off

00:48:04.328 --> 00:48:06.672
on this.
I think it is important.

00:48:07.203 --> 00:48:09.438
It has opinion discussed at the
U.S. Conference of mayors where

00:48:09.438 --> 00:48:12.160
I just left.
I had the opportunity to speak

00:48:13.516 --> 00:48:15.953
to several mayors in arizona,
one in particular.

00:48:17.312 --> 00:48:20.188
As late as this evening.
They certainly understand the

00:48:24.281 --> 00:48:26.859
situation that it puts other
mayors around this country in

00:48:27.656 --> 00:48:29.656
terms of supporting this effort.

00:48:30.969 --> 00:48:32.594
None of them encouraged me to do
anything, but certainly

00:48:34.310 --> 00:48:36.310
understood what the issues were.

00:48:37.438 --> 00:48:39.703
>> well, so let's summarize what
you are suggesting.

00:48:48.875 --> 00:48:51.844
by the way, the resolution came
primarily from the city of

00:48:51.844 --> 00:48:53.844
denver statute.

00:48:54.344 --> 00:48:56.359
And they were very careful, I
think it is a powerful

00:48:56.359 --> 00:48:58.359
resolution.

00:49:00.940 --> 00:49:01.516
It speaks to the issues
involved.

00:49:03.484 --> 00:49:05.484
It is addressed to the proper

00:49:06.940 --> 00:49:08.940
people who are responsible for

00:49:11.594 --> 00:49:13.594
our nation's immigration policy.

00:49:14.234 --> 00:49:16.234
They were very careful not to

00:49:18.312 --> 00:49:19.781
use the word "arizona" in their
proclamation.

00:49:20.578 --> 00:49:23.109
Denver has one of the most
liberal

00:49:26.780 --> 00:49:28.780
liberal city councils in the

00:49:28.688 --> 00:49:30.688
inter

00:49:30.953 --> 00:49:33.422
intermountain west, it was
passed overwhelmingly.

00:49:34.125 --> 00:49:36.953
The focus has to be with the
federal government and the

00:49:40.734 --> 00:49:42.734
reform that is necessary.

00:49:43.125 --> 00:49:45.125
So under section two, Mr. Mayor,

00:49:46.500 --> 00:49:48.500
if you -- so what you're

00:49:50.780 --> 00:49:52.780
proposing is that we as a city

00:49:52.406 --> 00:49:54.406
suspend all business travel

00:49:58.953 --> 00:50:01.953
expenses to the state of
arizona?
>> read it again.

00:50:02.781 --> 00:50:04.781
Section 2, the city council of

00:50:05.516 --> 00:50:07.516
the city of durham directs the

00:50:09.940 --> 00:50:11.940
city manager, city attorney and

00:50:11.484 --> 00:50:13.484
city clerk, unless approved by

00:50:15.594 --> 00:50:17.594
the city council, to suspend all

00:50:17.797 --> 00:50:19.797
city-related business travel

00:50:21.000 --> 00:50:23.000
expenses paid for or reimbursed

00:50:25.844 --> 00:50:27.875
by city funds for events or
conferences of any kind held

00:50:30.281 --> 00:50:32.844
within the state of arizona if
arizona senate bill 1070

00:50:33.160 --> 00:50:35.160
otherwise known as the support

00:50:35.109 --> 00:50:37.109
our law enforcement and safe

00:50:37.484 --> 00:50:39.344
neighborhood act becomes law.
Section 3.

00:50:40.750 --> 00:50:42.750
Should arizona senate bill 1070

00:50:44.940 --> 00:50:47.620
go into law, this suspension
shall continue until this law is

00:50:49.940 --> 00:50:51.766
effectively repealed.
There are the two points that

00:50:54.703 --> 00:50:57.469
are added to the resolution that
you have drafted which you

00:50:59.780 --> 00:51:01.266
indicated you took from the city
of denver.

00:51:02.672 --> 00:51:04.672
>> well, my final comment would

00:51:06.160 --> 00:51:07.750
be, Mr. Mayor, with all, of
course due respect.

00:51:08.609 --> 00:51:10.609
we appreciate your leadership.

00:51:12.484 --> 00:51:14.484
But I can't go along with this

00:51:14.625 --> 00:51:16.625
tonight.

00:51:19.310 --> 00:51:21.310
Because quite frankly, I think

00:51:24.625 --> 00:51:26.625
we're being asked to respond to

00:51:27.734 --> 00:51:29.734
a law that the majority of my

00:51:32.234 --> 00:51:34.609
colleagues have not even read.
I think that is important to

00:51:36.766 --> 00:51:38.766
understand the issues here.

00:51:41.844 --> 00:51:44.688
And as a result of that you
know, I'm sorry this came before

00:51:47.953 --> 00:51:49.953
us and that it was advocated by

00:51:51.828 --> 00:51:53.828
councilman woodard.

00:51:55.297 --> 00:51:57.297
My constituents did not vote for

00:51:58.656 --> 00:52:01.656
me to be here to discuss or vote
on national issues.

00:52:03.000 --> 00:52:04.828
This is a national issue, a
federal issue.

00:52:09.109 --> 00:52:11.109
and what we do here will have

00:52:13.470 --> 00:52:15.484
little effect upon anything.
And I don't believe the vast

00:52:18.250 --> 00:52:21.188
majority of the durham voters
would go for this.

00:52:22.344 --> 00:52:24.344
Indeed, there was the most

00:52:24.781 --> 00:52:27.188
recent public opinion poll of
the triac

00:52:30.310 --> 00:52:32.310
ngle from wral that was

00:52:36.940 --> 00:52:38.940
revealed tonight, showed that by

00:52:39.266 --> 00:52:41.266
90% to 10% public -- it was over

00:52:41.672 --> 00:52:43.672
a thousand votes, which is a

00:52:44.875 --> 00:52:46.875
large segment, basically told us

00:52:47.875 --> 00:52:49.281
to stay away from arizona's
business.

00:52:50.875 --> 00:52:52.578
so thank you Mr. Mayor, that is
where I stand.

00:52:55.344 --> 00:52:57.344
>> I appreciate that gene, that

00:52:57.359 --> 00:52:59.828
is what the council does, we
make decisions and move on.

00:53:02.422 --> 00:53:04.422
I will point out that the denver

00:53:06.859 --> 00:53:09.734
legislation -- what I read
starts out whereas recent

00:53:09.734 --> 00:53:11.734
legislative action in the state

00:53:12.562 --> 00:53:14.906
of arizona has cast light on our
flawed national immigration
system.

00:53:15.310 --> 00:53:17.310
>> I added that.

00:53:17.375 --> 00:53:19.375
>> I added that first one.

00:53:19.547 --> 00:53:21.938
After meeting with
representatives from the human

00:53:22.312 --> 00:53:24.312
relations committee I modified

00:53:24.344 --> 00:53:26.160
and I need to make that clear,
Mr. Mayor.

00:53:27.422 --> 00:53:29.422
I modified the resolution.

00:53:30.844 --> 00:53:32.656
>> so you decided to speak about
arizona?
>> yeah.

00:53:35.281 --> 00:53:37.984
>> I added the word "arizona"
with respect from what I

00:53:38.688 --> 00:53:40.766
received from the human
relations.
>> I didn't know where it came

00:53:40.766 --> 00:53:42.156
from.
>> yeah.

00:53:43.703 --> 00:53:46.328
>> the point is your resolution
speaks specifically to the state

00:53:47.938 --> 00:53:50.297
of arizona as putting this into
the situation we're in.

00:53:52.438 --> 00:53:54.344
>> that is because arizona -- 
hopefully if anything positive

00:53:57.719 --> 00:53:59.719
comes out of this, is that due

00:54:00.188 --> 00:54:02.188
to the public interest in this,

00:54:02.984 --> 00:54:04.984
that it would hopefully

00:54:15.391 --> 00:54:17.391
invigorate congress to do

00:54:17.406 --> 00:54:20.406
something about this and create
reform.
>> the resolution if adopted

00:54:20.469 --> 00:54:22.469
does exactly that.

00:54:22.531 --> 00:54:24.109
>> I would like to recognize
Councilman Clement.

00:54:34.470 --> 00:54:37.160
>> thank you, Mr. Mayor.
In has been an interesting
discussion.

00:54:40.160 --> 00:54:42.160
I want to thank all of the

00:54:43.422 --> 00:54:45.422
hundreds of people who sent us

00:54:49.359 --> 00:54:51.359
e-mails on this issue.

00:54:53.266 --> 00:54:55.266
Mr. Mayor, members, my

00:54:56.797 --> 00:54:58.797
colleagues I appreciate having

00:54:59.297 --> 00:55:01.297
had the opportunity to review

00:55:18.750 --> 00:55:20.750
the mayor's proposal.

00:55:21.000 --> 00:55:23.000
I want to thank the mayor for

00:55:25.310 --> 00:55:27.234
the message contained in his
proposal
proposal.

00:55:27.500 --> 00:55:29.500
I think it is a good attempt to

00:55:30.797 --> 00:55:32.797
reach a compromise between what

00:55:33.438 --> 00:55:35.438
Councilman Brown is advocating

00:55:35.500 --> 00:55:37.500
and between what the durham

00:55:41.453 --> 00:55:43.281
human relations commission has
espoused.

00:55:44.188 --> 00:55:45.812
It attempts to capture the
middle ground.

00:55:48.281 --> 00:55:50.281
And for that reason, I support

00:55:53.310 --> 00:55:55.310
what the mayor has proposed.

00:55:55.531 --> 00:55:57.531
but before making any motion to

00:55:57.625 --> 00:55:59.625
that effect, I would like to

00:56:00.594 --> 00:56:02.620
hear more comments from my
colleagues.

00:56:02.703 --> 00:56:04.703
But I really think that what the

00:56:07.310 --> 00:56:09.310
mayor has proposed is a

00:56:09.375 --> 00:56:11.375
reasonable middle ground between

00:56:14.438 --> 00:56:16.438
the contending extremes.

00:56:18.375 --> 00:56:20.375
and I use that term "extreme"

00:56:21.812 --> 00:56:23.812
very cautiously.

00:56:26.620 --> 00:56:28.620
Because each side had

00:56:29.156 --> 00:56:31.156
considerable merit.

00:56:31.828 --> 00:56:33.828
And I will withhold making a

00:56:38.406 --> 00:56:40.234
motion until others have had an
opportunity to express himself

00:56:45.109 --> 00:56:47.641
or herself on this issue.
>> thank you, howard.

00:56:47.641 --> 00:56:50.281
Recognize mayor pro tem.
>> I agree with you Mr. Clement

00:56:53.891 --> 00:56:56.250
and I move the item.
>> properly moved and seconded.

00:56:57.656 --> 00:56:59.484
any further discussion on the
item?
>> Mr. Mayor?

00:57:00.953 --> 00:57:03.656
If I could, I believe the item
that is in front of you, based

00:57:04.391 --> 00:57:06.391
on the conversations we had at

00:57:06.891 --> 00:57:08.359
worksession was the first
resolution.

00:57:09.266 --> 00:57:11.266
So what you're -- 

00:57:14.438 --> 00:57:16.438
>> I'll ask to make the motion.

00:57:16.844 --> 00:57:18.844
>> [Inaudible].

00:57:19.781 --> 00:57:21.812
>> substitute motion, the
resolution we adopt.

00:57:22.938 --> 00:57:25.875
A second to support that.
Ok.
Properly moved and seconded.

00:57:26.375 --> 00:57:28.844
Substitute and motion be to
adopt the resolution is

00:57:29.656 --> 00:57:32.625
presented to the council this
evening.
Any further or discussion on

00:57:34.922 --> 00:57:36.922
that question?

00:57:37.422 --> 00:57:39.310
Hearing none, Madam Clerk, open
the vote.

00:57:41.766 --> 00:57:43.766
close the vote.

00:57:51.547 --> 00:57:53.547
>> passes 6-0 and council member

00:57:54.203 --> 00:57:55.547
brown is voting no.
6-1.

00:57:58.953 --> 00:58:01.609
i'm sorry.
Councilmember brown is voting

00:58:01.609 --> 00:58:03.470
no.
[Applause]

00:58:09.160 --> 00:58:11.297
>> thank you.
[In

00:58:20.266 --> 00:58:22.266
[Inaudible discussion].

00:58:23.620 --> 00:58:25.620
>> we're going to move to the

00:58:37.625 --> 00:58:39.812
next agenda item.
[Laughter]
[Laughter].

00:58:41.328 --> 00:58:43.328
>> we're going to move to the

00:58:45.310 --> 00:58:46.922
general business agenda, public
hearings.

00:58:52.266 --> 00:58:53.672
We'll wait until the door is
closed.

00:58:56.620 --> 00:58:58.620
>> eugene brown for mayor.

00:58:58.938 --> 00:59:00.938
>> next?

00:59:03.547 --> 00:59:06.470
.
 -- next item is
36. Limited obligation bonds

00:59:06.470 --> 00:59:07.453
financing series 2010-public
hearing

00:59:10.188 --> 00:59:12.188
I have a script here, if I can

01:00:17.688 --> 01:00:19.688
find it.

01:00:20.156 --> 01:00:22.547
>> I recognize the clerk.
>> I will yield.

01:00:24.160 --> 01:00:26.160
>> I am Mr. Boyd, the item

01:00:27.391 --> 01:00:29.859
before you this evening is a
public hearing.

01:00:31.234 --> 01:00:33.234
Authorizing the issuance of

01:00:33.625 --> 01:00:36.266
limited obligation ponds to
finance an a portion of the

01:00:36.969 --> 01:00:38.969
city's outstanding debt and to

01:00:39.203 --> 01:00:41.375
provide funds for previously
approved practicals intended to

01:00:41.609 --> 01:00:44.516
be financed with debt.
i would like to report to the

01:00:44.641 --> 01:00:47.484
council that notice of a public
hearing related to financing the

01:00:48.281 --> 01:00:50.281
project pursuant to an amendment

01:00:51.470 --> 01:00:53.719
to an installment financing
contract in a principal amount

01:00:55.160 --> 01:00:58.160
not to exceed $80 million in the
giving in connection with the

01:00:59.422 --> 01:01:01.422
contract as grantor, a lien on

01:01:01.531 --> 01:01:04.125
certain real properties through
notice of extension through a

01:01:04.656 --> 01:01:07.562
deed of trust and security
agreement on which a portion of

01:01:08.531 --> 01:01:10.531
the project will be located.

01:01:13.620 --> 01:01:15.641
This was published June 9, 2010,
city council would hold a public

01:01:17.780 --> 01:01:19.780
hearing on this evening.

01:01:24.250 --> 01:01:26.250
>> Madam Clerk?

01:01:27.953 --> 01:01:29.953
>> mayor bell, your script next.

01:01:30.781 --> 01:01:33.594
>> I guess, this is a public
hearing.
I don't know if anyone wants to

01:01:34.328 --> 01:01:36.859
speak on this item from the
council.
Let me ask if anyone from the

01:01:37.891 --> 01:01:39.266
public wants to speak on this
item.

01:01:40.620 --> 01:01:41.797
Let the record reflect no one
else asked to speak.

01:01:42.969 --> 01:01:44.766
What I hear is the clerk has a
report to the board.

01:01:46.469 --> 01:01:48.310
>> yeah, you can disregard that
portion, mayor.

01:01:49.000 --> 01:01:51.000
>> we can?

01:01:51.281 --> 01:01:53.938
>> yes, I took care of that.
>> again, let me ask is there

01:01:54.438 --> 01:01:56.438
anyone in the council that wants

01:01:57.160 --> 01:01:58.641
to speak, council chambers wants
to speak?

01:02:00.780 --> 01:02:02.891
Anyone on the council like to
speak?
Let the record reflect no one

01:02:03.422 --> 01:02:05.160
wanted to speak on this item for
or against.

01:02:12.625 --> 01:02:14.625
i will close the public hearing.

01:02:15.125 --> 01:02:17.310
It's been properly moved and
seconded.

01:02:17.203 --> 01:02:19.172
Madam Clerk, open the vote.
Close the vote.

01:02:20.266 --> 01:02:22.266
>> passes 7-0.

01:02:23.875 --> 01:02:25.875
>> now resolution entitled

01:02:26.203 --> 01:02:28.203
"resolution of city council for

01:02:28.875 --> 01:02:30.875
the city of durham, north

01:02:33.160 --> 01:02:35.578
carolina, approval of the
extension contract it is for

01:02:35.844 --> 01:02:38.422
city council for consideration,
authorizing staff to move

01:02:39.125 --> 01:02:41.125
forward as city representatives

01:02:41.562 --> 01:02:43.562
with the proposed finance for

01:02:43.984 --> 01:02:45.984
the projects we just discussed

01:02:46.620 --> 01:02:49.620
and authorizing execution and
delivery of certain documents in

01:02:49.359 --> 01:02:52.266
connection to financing.
Again, is there a motion to

01:02:55.375 --> 01:02:57.766
adopt the resolution?
Properly moved and seconded by

01:02:58.438 --> 01:02:59.969
Councilman Woodard and mayor pro
tem.

01:03:01.844 --> 01:03:03.844
Any discussion on this motion?

01:03:04.844 --> 01:03:06.844
Hearing none, Madam Clerk, open

01:03:07.719 --> 01:03:09.719
the vote.

01:03:09.953 --> 01:03:11.953
close the vote.

01:03:17.953 --> 01:03:19.953
>> passes 7-0.

01:03:21.297 --> 01:03:23.766
>> item 37
37. Plan amendment-jubilee
christian church (A1000002)

01:03:27.203 --> 01:03:29.203
That has been referred back to

01:03:29.469 --> 01:03:32.310
the administration.
38. Zoning map change-jubilee
christian church (Z10-02)

01:03:38.609 --> 01:03:40.750
That also has been referred back
to the administration.

01:03:40.750 --> 01:03:42.188
43. 2010 general obligation bond
referendum

01:03:57.969 --> 01:03:59.969
>> Mr. Boyd before you.

01:04:00.766 --> 01:04:02.766
There are three resolution to

01:04:03.562 --> 01:04:06.312
place a general obligation bond
referendum for street

01:04:06.312 --> 01:04:07.844
resurfacing on the November
ballot.

01:04:09.906 --> 01:04:11.906
Specifically the resolutions do

01:04:12.672 --> 01:04:14.812
three things.
First, direct the commission for

01:04:15.719 --> 01:04:18.688
the approval of the bond.
Section, authorizes the finance

01:04:18.984 --> 01:04:20.984
director to make such an

01:04:21.219 --> 01:04:23.953
application to the lgc, third,
make certain statements of fact

01:04:25.188 --> 01:04:27.328
concerning the proposed bond
issue.
Subsequent to the approval of

01:04:28.219 --> 01:04:30.219
the actions, staff would move

01:04:31.620 --> 01:04:33.500
forward with the relevant
publications.
Notice then make application to

01:04:33.703 --> 01:04:36.469
the lgc.
City council would then need to

01:04:37.203 --> 01:04:39.203
hold a special meeting on

01:04:40.780 --> 01:04:42.938
July 8th at which the relevant
bond order would be produced and

01:04:43.969 --> 01:04:45.969
a public hearing would be set.

01:04:46.250 --> 01:04:48.250
The public hearing would then

01:04:48.672 --> 01:04:51.547
need to be held on July 22nd,
the rather unusual sequence of

01:04:52.109 --> 01:04:55.780
dates is necessary in order to
meet the deadlines required by

01:04:55.922 --> 01:04:57.891
the durham county board of
elections, which requires that

01:04:59.625 --> 01:05:02.500
all the actions be complete
prior to July 23rd in order to

01:05:03.310 --> 01:05:05.310
make the November ballot.

01:05:06.000 --> 01:05:08.672
With that, I'm happy to answer
any questions you or city

01:05:08.672 --> 01:05:11.620
council have.
>> I would open the public

01:05:11.297 --> 01:05:13.375
hearing and ask if there are
questions by the council members

01:05:13.375 --> 01:05:15.375
by the staff.

01:05:16.234 --> 01:05:19.234
>> mayor, this is not a public
hearing.
>> it is listed here.

01:05:32.391 --> 01:05:34.391
Should it not be?

01:05:40.000 --> 01:05:42.940
>> questions by the members of
council?
>> resolution entitled

01:05:43.172 --> 01:05:45.172
resolution of the city council

01:05:45.266 --> 01:05:48.620
city of durham, north carolina,
directing publications of notice

01:05:49.000 --> 01:05:51.000
of intention to apply for local

01:05:51.406 --> 01:05:53.406
government commission for

01:05:56.875 --> 01:05:58.875
approval of bonds supporting the

01:06:00.109 --> 01:06:01.781
city council to apply to north
carolina local government

01:06:02.750 --> 01:06:05.312
commission to approve at general
obligation bonds for streets.

01:06:07.562 --> 01:06:09.891
Motion to adopt the resolution?
Properly moved and seconded by

01:06:10.859 --> 01:06:12.188
Councilman Woodard and mayor pro
tem.

01:06:13.656 --> 01:06:15.940
Is there any discussion on the
motion?

01:06:17.310 --> 01:06:19.310
Hearing none, Madam Clerk, open

01:06:19.406 --> 01:06:22.203
the vote.
Close the vote.

01:06:23.203 --> 01:06:25.203
>> passes 7-0.

01:06:26.109 --> 01:06:28.109
>> in addition, a resolution

01:06:28.141 --> 01:06:30.641
entitled resolution of the city
council, city of durham, north

01:06:31.250 --> 01:06:33.250
carolina, authorizing the

01:06:33.484 --> 01:06:35.484
finance director to apply to the

01:06:35.656 --> 01:06:37.656
local government commission for

01:06:37.922 --> 01:06:39.922
approval of the city's proposed

01:06:40.620 --> 01:06:42.922
general obligation bond
financing and to submit such

01:06:43.219 --> 01:06:45.531
application to local government
commission before the city

01:06:46.266 --> 01:06:48.703
council for consideration
authorizing staff to make

01:06:48.969 --> 01:06:51.940
applications of north carolina
local government commission for

01:06:51.562 --> 01:06:54.109
approval to issue the general
obligation bonds for streets.

01:06:56.344 --> 01:06:57.812
again, a motion to adopt the
resolution?

01:06:58.500 --> 01:07:00.906
>> so moved.
Properly moved and seconded.

01:07:01.672 --> 01:07:04.344
Mayor woodard, mayor pro tem.
Any discussion on the motion?

01:07:05.109 --> 01:07:06.875
Hearing none, Madam Clerk, open
the vote.

01:07:07.656 --> 01:07:09.656
Close the vote.

01:07:10.281 --> 01:07:12.281
>> passes 7-0.

01:07:13.125 --> 01:07:15.125
Finally, resolution entitled

01:07:15.891 --> 01:07:17.891
resolution of the city council

01:07:18.125 --> 01:07:20.422
for the city of durham, north
carolina.
Making certain statements of

01:07:22.703 --> 01:07:24.703
fact concerning proposed bond

01:07:24.766 --> 01:07:26.766
issue, it is before the city
council for consideration which

01:07:28.234 --> 01:07:30.562
makes certain findings relating
to the city's financial

01:07:31.500 --> 01:07:34.109
consideration and planned
barring by the north carolina

01:07:34.109 --> 01:07:37.109
local government commission in
order to consider the north
carolina local government

01:07:37.844 --> 01:07:40.578
commission for approval to issue
general obligation bonds and

01:07:40.953 --> 01:07:42.953
streets, again, is there a

01:07:46.453 --> 01:07:48.422
motion to adopt the resolution?
>> so moved.

01:07:53.766 --> 01:07:55.766
>> it has been properly moved

01:08:00.172 --> 01:08:02.172
and seconded by mayor pro tem

01:08:02.875 --> 01:08:04.875
and councilmember ali.

01:08:04.938 --> 01:08:06.438
>> Madam Clerk, open the vote,
close the vote.

01:08:07.438 --> 01:08:09.469
>> passes 7-0.
>> thank you.

01:08:10.470 --> 01:08:12.484
We'll now go back to the items
that have been pulled as a part

01:08:13.906 --> 01:08:15.906
of the consent agenda items.

01:08:18.250 --> 01:08:20.250
the first one being item 27.

01:08:26.297 --> 01:08:28.620
Resolution
27. Resolution for land exchange

01:08:32.297 --> 01:08:34.297
between the city of durham and

01:08:43.438 --> 01:08:45.438
en ship known -- I'm sorry.

01:08:46.438 --> 01:08:47.984
I should have known that.
Welcome john.

01:08:48.578 --> 01:08:51.484
You have three minutes.
>> thank you mayor and council,

01:08:51.484 --> 01:08:53.219
thank you for giving me this
minute or two.

01:08:54.250 --> 01:08:57.160
I will be very brief.
Basically, I have questions.

01:08:58.297 --> 01:09:00.297
It might be to either the

01:09:00.531 --> 01:09:03.297
attorney or the city manager.
Generally about easements

01:09:04.000 --> 01:09:06.703
because it is not -- I was
looking for a place where I

01:09:07.828 --> 01:09:09.828
could apply my question.

01:09:11.641 --> 01:09:14.297
My property is on an easement
between the new view garden

01:09:15.672 --> 01:09:17.672
area, the new development that

01:09:19.750 --> 01:09:21.312
is over there, what is it
called?

01:09:22.470 --> 01:09:24.875
Few gardens.
>> village.

01:09:25.953 --> 01:09:27.953
>> the 1 off alston avenue, east

01:09:28.812 --> 01:09:30.828
of alston, where there is
taylor, liberty.

01:09:30.828 --> 01:09:33.328
>> east way.
That is what I am talking about.

01:09:34.828 --> 01:09:37.797
The easements, are those -- my
question is, can you give me a

01:09:39.310 --> 01:09:41.310
quick explanation of the span,

01:09:42.234 --> 01:09:44.234
if there is a standard span of

01:09:45.375 --> 01:09:47.375
length or minimum or maximum or

01:09:48.469 --> 01:09:50.469
does it vary from -- can

01:09:50.734 --> 01:09:52.734
structures be put up by people

01:09:54.160 --> 01:09:56.160
such as whatever, the tool sheds

01:10:01.160 --> 01:10:03.578
or trees or whatever where the
public easement is, is it

01:10:03.922 --> 01:10:06.328
possible for people to do that?
Can you address that?

01:10:09.359 --> 01:10:11.156
>> to build in a city easement?
>> yes.

01:10:11.734 --> 01:10:13.734
>> you build at your own risk.

01:10:15.500 --> 01:10:18.328
You're not supposed to.
Essentially it would be pres

01:10:22.531 --> 01:10:24.531
passing on to -- trespassing.

01:10:25.172 --> 01:10:27.172
The city has put a six-foot

01:10:27.672 --> 01:10:29.938
black fence dividing east way
and hyde park.

01:10:30.641 --> 01:10:33.609
Different folks are doing
gardening or using it to store

01:10:35.688 --> 01:10:38.547
things or, you know, set their
garden tools or whatever.

01:10:40.484 --> 01:10:43.359
The fencing is what caught my
eye.
i would think people were able

01:10:44.297 --> 01:10:46.297
to walk through there before to

01:10:46.594 --> 01:10:48.391
walk their dog or whatever, take
a walk.

01:10:48.734 --> 01:10:50.734
And could you address that, if

01:10:51.531 --> 01:10:53.531
that needs to be addressed by

01:10:59.780 --> 01:11:01.438
the city?
>> this is the first I have

01:11:01.547 --> 01:11:04.250
heard of it.
i would need more information.

01:11:08.922 --> 01:11:10.391
>> that saul -- is all I have.
>> thank you.

01:11:11.470 --> 01:11:12.781
>> properly moved and seconded.
Madam Clerk, open the vote.

01:11:13.750 --> 01:11:15.750
Close the vote.

01:11:16.797 --> 01:11:18.797
>> passes 7-0.

01:11:19.922 --> 01:11:22.620
Next item is item
28. License agreement with duke
university for installation of

01:11:22.620 --> 01:11:24.620
fiber optic cable

01:11:34.234 --> 01:11:36.203
bob -- what -- seppe, victoria
peterson.
In that order.

01:11:37.781 --> 01:11:39.781
You each have three minutes.

01:11:41.484 --> 01:11:43.484
Good evening, I'm bob seppe with

01:11:44.219 --> 01:11:47.219
action audits.
Virginia peterson asked me to

01:11:47.953 --> 01:11:50.797
look at this, which I have done.
I have a couple of questions.

01:11:50.984 --> 01:11:53.219
I have worked with local
governments on right-of-way

01:11:53.562 --> 01:11:56.422
issues and that kind of thing.
I was curious as to where this

01:11:57.620 --> 01:11:59.620
is not a right-of-way agreement

01:12:00.310 --> 01:12:02.406
as opposed to a license.
Second thing I noticed on this

01:12:02.406 --> 01:12:04.406
particular license agreement,

01:12:05.000 --> 01:12:07.406
there is no acceptance clause.
So although you are asking for

01:12:08.703 --> 01:12:11.406
the appropriate party to have a
signature notarized, there is

01:12:11.875 --> 01:12:13.875
nothing here that says that that

01:12:15.344 --> 01:12:17.344
party is going to abide by these
particular rules.

01:12:19.359 --> 01:12:20.812
Typically, the agreements have
an annual fee.

01:12:22.625 --> 01:12:24.625
And there is a specified term

01:12:24.922 --> 01:12:27.297
like 10, 15, 25 years.
considerations that the city

01:12:28.859 --> 01:12:30.797
might look for would be dart
fiber, et cetera.

01:12:31.797 --> 01:12:33.797
One of the interesting things

01:12:34.703 --> 01:12:36.703
that I discovered in reviewing

01:12:37.141 --> 01:12:39.141
the proposed map, which is

01:12:40.844 --> 01:12:42.844
supposed to be the map is the

01:12:43.469 --> 01:12:46.438
territory, the preamble here in
consideration therefore,

01:12:47.844 --> 01:12:49.953
therefore, therefore, identifies
19 street segments.

01:12:50.484 --> 01:12:52.484
If you look at the map, count

01:12:53.688 --> 01:12:55.688
them up, there is only 10.

01:12:58.310 --> 01:13:00.297
So I mean, this is incomplete.
Secondly, to illustrate my

01:13:01.297 --> 01:13:03.297
point, I will try to find the

01:13:04.938 --> 01:13:07.828
street segment from duke street
from jackson intersection to 411

01:13:09.940 --> 01:13:11.940
west chapel hill street.

01:13:11.609 --> 01:13:13.609
That is not identified on this

01:13:14.672 --> 01:13:17.312
particular map.
I think somebody has to take a

01:13:18.438 --> 01:13:20.438
look at the entire network, what

01:13:20.812 --> 01:13:22.812
is this network?

01:13:25.984 --> 01:13:27.891
Why is duke university deploying
this network?

01:13:28.312 --> 01:13:30.781
which brings the next question
up, if you look at this

01:13:31.891 --> 01:13:33.891
particular map for the segments,

01:13:34.531 --> 01:13:36.531
what is it connecting to?

01:13:36.859 --> 01:13:39.310
Does duke already have a license
agreement to make those

01:13:40.625 --> 01:13:42.625
connections between the red dots

01:13:42.828 --> 01:13:45.562
or is this being provided by
somebody else?

01:13:47.375 --> 01:13:50.109
If so, does duke university have
a reciprocity agreement with

01:13:51.844 --> 01:13:54.812
that somebody else to allow that
particular entity to use this

01:13:57.578 --> 01:14:00.422
particular conduit at no cost?
Therefore kind of subverting any

01:14:03.156 --> 01:14:05.156
kind of revenue that the city

01:14:06.719 --> 01:14:08.359
might acquire?
Let's see.

01:14:09.297 --> 01:14:11.297
one of the things that I think

01:14:12.000 --> 01:14:14.000
can be done here is the

01:14:14.797 --> 01:14:16.328
partnership between the city and
duke university.

01:14:17.406 --> 01:14:19.406
Enter into an agreement to

01:14:19.469 --> 01:14:21.469
deploy fiberoptics downtown.

01:14:21.938 --> 01:14:23.938
This is something the city of

01:14:24.703 --> 01:14:26.703
wilson is -- has done and the

01:14:26.906 --> 01:14:29.453
idea being that, well, I know
for example, in downtown durham,

01:14:30.141 --> 01:14:32.141
you can't even get cable tv.

01:14:32.453 --> 01:14:34.750
I know your public access
facility can't televise from

01:14:35.656 --> 01:14:38.188
downtown durham from its own
center because time warner

01:14:39.250 --> 01:14:41.250
doesn't have fiber.

01:14:41.953 --> 01:14:43.953
Butt idea [Beep].

01:14:44.688 --> 01:14:46.688
>> -- but the idea, [Beep].

01:14:47.391 --> 01:14:49.828
Let me say this, I will yield
additional time -- let me do it

01:14:49.969 --> 01:14:52.969
two ways.
Let me stop now and ask first,

01:14:53.609 --> 01:14:55.609
is the administration prepared

01:14:56.500 --> 01:14:57.906
to respond to any questions
raised?

01:14:58.781 --> 01:15:00.938
>> Mr. Venable May know the
answer to a couple of questions

01:15:01.344 --> 01:15:03.875
about the number of road
segments and some of those

01:15:04.781 --> 01:15:06.781
issues, but as it relates to all

01:15:08.844 --> 01:15:10.625
of the duke telecommunications
infrastructure I don't know that

01:15:11.328 --> 01:15:13.688
we're prepared to answer any of
those questions this evening.

01:15:15.719 --> 01:15:18.328
If you are ed, feel free, I
don't recall that we talked
about those.

01:15:23.172 --> 01:15:25.469
>> good evening, council,ed
venable, the storm water

01:15:25.469 --> 01:15:27.469
management system.

01:15:27.500 --> 01:15:29.500
Why this type of agreement,

01:15:29.766 --> 01:15:31.172
typically we use a franchise
agreement.

01:15:31.938 --> 01:15:33.938
a franchise agreement is
somebody that does business with

01:15:35.470 --> 01:15:37.470
us all the time.

01:15:37.453 --> 01:15:40.160
Like time warner.
Franchise agreement is usually

01:15:41.688 --> 01:15:44.160
for those folks who do one-time
types of things, which is the

01:15:44.812 --> 01:15:46.812
case here.

01:15:47.125 --> 01:15:49.125
License agreement.

01:15:49.156 --> 01:15:51.156
The purpose of the agreement is

01:15:51.562 --> 01:15:53.562
to give the city rights over

01:15:54.266 --> 01:15:56.703
what happens in the
right-of-way.
Such that we protect our

01:15:56.703 --> 01:15:59.672
interest.
Our main concern is that our

01:16:00.328 --> 01:16:02.328
water lines and sewer lines are

01:16:03.969 --> 01:16:06.109
not damaged by the installation
of the line underground.

01:16:06.734 --> 01:16:08.734
The second purpose of the

01:16:09.172 --> 01:16:11.172
agreement is to give the entity

01:16:11.953 --> 01:16:14.375
a legal reason to be there.
not everyone can be in the

01:16:14.375 --> 01:16:16.375
right-of-way.

01:16:17.125 --> 01:16:19.125
So we need to grant them access
to it.

01:16:19.656 --> 01:16:21.656
Utilities have the right to use

01:16:21.953 --> 01:16:24.328
the right-of-way, it just sets
in place that you are indeed

01:16:24.625 --> 01:16:26.625
allowed to be here.

01:16:26.922 --> 01:16:29.531
>> yeah, but that is not an
issue.
Excuse me, all right.

01:16:30.469 --> 01:16:32.469
>> and then there was some other

01:16:33.875 --> 01:16:35.875
questions as far as the use.

01:16:37.203 --> 01:16:39.547
We do not explore the use.
Our only interest is to make

01:16:40.578 --> 01:16:42.160
sure the right-of-way itself is
protected.

01:16:43.109 --> 01:16:44.516
So I could not answer any use
questions.

01:16:45.719 --> 01:16:47.719
As far as questions about on

01:16:47.984 --> 01:16:50.609
this count of segments, I would
have to look into that.

01:16:52.780 --> 01:16:54.940
I'm afraid I couldn't answer
that for you.

01:16:54.250 --> 01:16:56.250
>> the only other comment I

01:16:56.359 --> 01:16:58.531
would make, Mr. Mayor is I did
have our technology solution

01:16:58.797 --> 01:17:01.310
staff take a look at the
locations of the fiber because

01:17:03.203 --> 01:17:05.203
in fact, we are in the beginning

01:17:05.969 --> 01:17:07.969
stages of looking at a city

01:17:09.938 --> 01:17:11.938
fiber network to connect city

01:17:12.141 --> 01:17:13.609
facilities and possibly county
facilities.

01:17:15.438 --> 01:17:18.250
so Mr. Carrie good did review
this proposal and did not see

01:17:18.672 --> 01:17:20.672
where there was any reason to

01:17:20.812 --> 01:17:23.812
think that it was in align with
what we would be looking at nor

01:17:25.656 --> 01:17:27.656
in conflict with what we were

01:17:30.859 --> 01:17:32.859
looking at.

01:17:33.922 --> 01:17:35.922
>> I'm going to suggest to the

01:17:36.940 --> 01:17:38.940
council that we try to defer

01:17:41.469 --> 01:17:44.203
this at least one segment to
allow the administration to

01:17:44.203 --> 01:17:46.438
fully respond to the questions
that have been raised.

01:17:48.312 --> 01:17:50.312
The missing links, the map -- 

01:17:50.938 --> 01:17:52.938
you said 19, you show 11

01:17:52.984 --> 01:17:54.984
streets, whatever it is.

01:17:55.719 --> 01:17:57.719
i don't know if this is going to

01:17:59.859 --> 01:18:01.859
cause any slow down for what is

01:18:02.688 --> 01:18:05.484
being contemplated.
This is a public matter.
Public right-of-way.

01:18:06.297 --> 01:18:08.297
We want to make sure we're doing

01:18:08.891 --> 01:18:10.891
things correctly.

01:18:15.310 --> 01:18:17.734
Dotting I's, dotting t's.
it doesn't mean we won't

01:18:18.844 --> 01:18:20.234
ultimately accept what is being
proposed.

01:18:21.500 --> 01:18:24.344
But I would like to follow up on
the questions on this item.

01:18:24.875 --> 01:18:27.672
>> mayor pro tem.
>> I didn't get -- could I have

01:18:28.953 --> 01:18:30.953
your name, your business again.

01:18:32.109 --> 01:18:34.109
>> bob seppe, action audits.

01:18:35.547 --> 01:18:37.160
We do telecom work for local
government.

01:18:38.219 --> 01:18:41.219
and I was asked by virginia
peterson to take a look at this

01:18:42.594 --> 01:18:45.297
for tonight and offer an
opinion.
That is what I'm doing.

01:18:49.531 --> 01:18:50.938
>> oh, ok.
Thanks.

01:18:51.969 --> 01:18:54.875
>> let me -- I don't want to
prolong, but what I would

01:18:55.875 --> 01:18:58.547
suggest and depending on what
action the council takes is that

01:18:59.438 --> 01:19:01.438
you reduce to writing your

01:19:01.984 --> 01:19:04.875
specific comments or questions
so that the administration will

01:19:04.875 --> 01:19:06.875
have in writing something to

01:19:07.891 --> 01:19:09.891
respond to, if you don't mind.

01:19:10.422 --> 01:19:12.422
>> absolutely.

01:19:12.625 --> 01:19:14.625
>> are there other comments by

01:19:14.891 --> 01:19:17.625
the council persons on this?
Ms. Peterson, you signed up to

01:19:17.969 --> 01:19:19.969
speak on this item, also.

01:19:26.875 --> 01:19:28.875
You have three minutes.

01:19:30.469 --> 01:19:32.469
>> yes, Mr. Mayor, I asked other

01:19:32.516 --> 01:19:34.516
persons in the area, raleigh,

01:19:35.406 --> 01:19:37.406
durham, chapel hill, fiber to

01:19:38.688 --> 01:19:40.688
the home and corning,
individuals who have expertise

01:19:41.391 --> 01:19:43.391
in this area.

01:19:44.359 --> 01:19:47.620
I know some about the area, but
I don't consider myself to have

01:19:47.750 --> 01:19:50.219
an expertise in it.
We have to bring other folks.

01:19:51.266 --> 01:19:53.266
One of my concerns also is that

01:19:53.859 --> 01:19:56.234
we have a lot of buildings down
here, here in the city.

01:19:58.940 --> 01:20:00.797
If we can put fiber to all these
buildings, I think this would be

01:20:02.406 --> 01:20:05.109
a very good way to generate
income for durham.

01:20:07.484 --> 01:20:09.484
We could lure more businesses,

01:20:09.750 --> 01:20:11.750
small businesses, nonprofit

01:20:12.250 --> 01:20:14.250
businesses down here to the area

01:20:14.344 --> 01:20:17.281
and allow them to be able to
have fiberoptics.

01:20:17.922 --> 01:20:20.160
Also, I think it was mentioned
about the streets.

01:20:21.940 --> 01:20:23.940
the streets that are involved.

01:20:24.734 --> 01:20:26.734
I would like to see that, maybe

01:20:27.940 --> 01:20:29.969
even spread out farther to allow
other parts of the city that

01:20:30.266 --> 01:20:32.266
have maybe buildings that could

01:20:32.828 --> 01:20:34.641
be fixed up and turned into
incubator

01:20:35.938 --> 01:20:37.375
incubators, turn into housing or
whatever.

01:20:38.969 --> 01:20:41.780
You have fiber, high-speed
internet, broadband going to the

01:20:41.780 --> 01:20:43.578
facilities.
Also, I want to thank some of

01:20:45.780 --> 01:20:47.312
the young men in our community
that are in this business that

01:20:47.312 --> 01:20:50.281
are being trained.
We have individuals in this

01:20:51.719 --> 01:20:53.940
community also that can do this
work.

01:20:54.156 --> 01:20:56.422
We have subcontractors that can
also do this work.

01:20:57.594 --> 01:21:00.453
I would like to know in the
future who was durham planning

01:21:01.266 --> 01:21:03.266
partner with to do the work?

01:21:03.438 --> 01:21:06.359
Is durham going to bring folks
in from mississippi, from

01:21:07.828 --> 01:21:09.828
california, from new jersey?

01:21:10.109 --> 01:21:12.812
Or will duke really look at
local people who are certified

01:21:14.703 --> 01:21:17.578
in this industry and who can do
this work?

01:21:21.470 --> 01:21:23.391
I also see in the future to
expand the fiber all through

01:21:23.391 --> 01:21:25.391
durham.

01:21:26.312 --> 01:21:28.312
I'm glad to hear of the city

01:21:30.219 --> 01:21:32.219
manager and also Mr. Goode the

01:21:33.297 --> 01:21:36.156
I.T. Person talking about maybe
an opportunity, not to just put

01:21:37.000 --> 01:21:39.562
fiber in the city buildings and
the county buildings, but put

01:21:41.406 --> 01:21:43.938
fiber in all of the buildings
here in downtown durham.

01:21:44.375 --> 01:21:46.172
And thank you very much,
Mr. Mayor.

01:21:48.344 --> 01:21:50.875
>> you're quite welcome.
Again, I would recommend that we

01:21:53.781 --> 01:21:56.609
move this item to our next
meeting at this time.

01:21:58.422 --> 01:22:00.422
The next worksession.

01:22:01.359 --> 01:22:02.922
What date would that be?
>> July 22nd.

01:22:03.594 --> 01:22:05.828
>> I would appreciate a motion
to that effect.
>> so moved.

01:22:05.828 --> 01:22:07.828
>> second.

01:22:13.310 --> 01:22:15.234
>> properly moved and seconded.
Madam Clerk -- 

01:22:15.234 --> 01:22:17.234
>> that is correct.

01:22:17.469 --> 01:22:20.203
>> Madam Clerk, open the vote.
Close the vote.

01:22:23.906 --> 01:22:25.906
>> passes 7-0.

01:22:26.719 --> 01:22:28.719
>> recognize Councilman Clement.

01:22:36.656 --> 01:22:38.562
>> I just couldn't let this
opportunity pass to thank

01:22:40.125 --> 01:22:42.125
Ms. Peterson for what she's

01:22:42.469 --> 01:22:44.469
doing in this connection.

01:22:46.359 --> 01:22:49.940
we appreciate -- I'm speaking
personally, I appreciate what

01:22:54.000 --> 01:22:56.000
you're doing Ms. Peterson.

01:22:56.609 --> 01:22:58.609
I encourage you to continue in

01:23:00.641 --> 01:23:02.641
your efforts to bring more

01:23:05.781 --> 01:23:07.781
people into the business.

01:23:10.219 --> 01:23:12.859
It is commendable.
And thank you so much on behalf

01:23:14.422 --> 01:23:16.422
of the young men that were here,

01:23:19.203 --> 01:23:21.438
I presume they're a part of your
program.

01:23:23.297 --> 01:23:25.734
I commend them for stick to
ittiveness, having visited your

01:23:27.938 --> 01:23:29.844
program and seeing it in
operation

01:23:32.172 --> 01:23:34.203
operation, I know it is hard
work.

01:23:36.470 --> 01:23:38.470
But you do it and thank you so

01:23:39.109 --> 01:23:41.156
much.
Thank you, Mr. Mayor.

01:23:41.156 --> 01:23:43.625
>> thank you.
The last item on the consent

01:23:46.940 --> 01:23:48.719
agenda that was pulled is item
40. Contract with the triangle
authority for operation of

01:23:48.719 --> 01:23:50.719
durham transit services

01:23:58.562 --> 01:24:00.969
greg jackson and [Inaudible]
Chaffis, junior.
Is greg jackson present?

01:24:00.969 --> 01:24:02.969
All right.

01:24:03.172 --> 01:24:05.000
Come to the podium to my right,
Mr. Jackson.

01:24:06.672 --> 01:24:08.672
You have three minutes.

01:24:11.312 --> 01:24:13.844
and james chavis.
All right.

01:24:15.219 --> 01:24:17.219
Chacis.

01:25:13.578 --> 01:25:15.578
>> [Inaudible].

01:25:16.719 --> 01:25:18.516
>> I will let him speak as you
read over that.

01:25:21.484 --> 01:25:23.484
>> I am james chavis and I come

01:25:24.781 --> 01:25:26.219
to ask patrick baker a couple of
questions.

01:25:28.516 --> 01:25:30.516
it is city-count, state-federal

01:25:30.719 --> 01:25:33.656
funds been given to any of the
organizations?
Is it public knowledge of any

01:25:33.766 --> 01:25:35.766
information that we're supposed

01:25:36.703 --> 01:25:38.703
to be able to get from once

01:25:39.438 --> 01:25:41.438
y'all use it?

01:25:45.406 --> 01:25:47.406
>> Mr. Chavis, there should be

01:25:48.109 --> 01:25:50.609
an accounting of all public
funds.
>> do the citizens have a right

01:25:51.719 --> 01:25:53.141
to get that information?
>> yes.

01:25:53.953 --> 01:25:56.953
>> ok.
Thank you.
My second question is, when

01:25:57.344 --> 01:25:59.344
y'all have an memorandum

01:25:59.391 --> 01:26:01.391
agreement, do the public have

01:26:01.484 --> 01:26:03.953
the right before it comes before
the public, have the right to

01:26:04.359 --> 01:26:06.359
know what the memorandum

01:26:07.766 --> 01:26:09.766
agreement is before it comes to

01:26:09.969 --> 01:26:12.297
you all for the final vote?
>> I believe all the documents

01:26:12.734 --> 01:26:14.734
are available for public

01:26:14.797 --> 01:26:16.531
inspection, they're on the
website, they're available in

01:26:18.375 --> 01:26:20.812
the clerk's office and upon
request.
>> no, it's not.

01:26:22.875 --> 01:26:24.875
Because I called, I asked for a

01:26:24.938 --> 01:26:26.938
certain items.

01:26:27.844 --> 01:26:30.344
>> Mr. Jaffis, you called me?
>> I did not call you.

01:26:30.812 --> 01:26:32.812
I called people that was in

01:26:33.484 --> 01:26:35.484
charge to give me an itemized

01:26:38.156 --> 01:26:40.156
with tga, with the city of

01:26:41.594 --> 01:26:44.125
durham, operation costs and
administration costs.

01:26:46.000 --> 01:26:48.000
It is not on the internet.

01:26:48.828 --> 01:26:50.828
It's all lumped in one sum.

01:26:51.266 --> 01:26:53.766
I sent e-mails to each one of
you council members asking for

01:26:54.938 --> 01:26:56.938
that information.

01:26:57.500 --> 01:26:59.500
I only got one person

01:27:00.203 --> 01:27:01.609
responding, that was diane
catotti.

01:27:02.344 --> 01:27:04.344
And the way she responded to me,

01:27:04.953 --> 01:27:07.281
it lets me know I was not going
to get that information.

01:27:07.891 --> 01:27:10.281
It let me know that.
That is why I ask you these

01:27:10.281 --> 01:27:12.281
questions.

01:27:13.156 --> 01:27:15.156
before y'all vote on this -- my

01:27:15.562 --> 01:27:18.453
next question, why wasn't there
a public hearing after the

01:27:19.594 --> 01:27:22.562
memorandum agreement to let the
public know what was in store

01:27:25.620 --> 01:27:27.620
with tta and the city of durham?

01:27:31.438 --> 01:27:34.375
>> Mr. Chavis, there are several
public meetings after the

01:27:34.375 --> 01:27:36.375
memorandum of agreement was

01:27:38.188 --> 01:27:40.250
adopted by the city council back
in March.

01:27:41.344 --> 01:27:43.781
I'd have to defer to the
administration, but all we've

01:27:44.453 --> 01:27:46.453
done, all the administration has

01:27:46.625 --> 01:27:49.625
done is talk about this
publicly.
>> you have talked about it, but

01:27:50.797 --> 01:27:52.797
we could never see any figures.

01:27:52.859 --> 01:27:54.859
That is why I am asking to get

01:27:55.938 --> 01:27:58.438
the public input on the figures
of these.

01:28:00.000 --> 01:28:02.469
Your administration costs and
operation costs.

01:28:03.703 --> 01:28:05.172
Y'all been in agreement with
tga.

01:28:06.641 --> 01:28:09.172
I know that, that's in the
memorandum.
My point circumstances when was

01:28:10.578 --> 01:28:13.344
the public going to get input to
say their part about this?

01:28:14.484 --> 01:28:16.484
My thing is, you had the city

01:28:16.984 --> 01:28:18.984
manager do a big tax increase to

01:28:21.953 --> 01:28:23.953
go to tta [Beep] Public did not

01:28:24.940 --> 01:28:26.940
have no input.

01:28:47.578 --> 01:28:49.578
>> thank you Mr. Chavis.

01:28:50.281 --> 01:28:52.984
>> generally, we brought a few
comments and I was trying to see

01:28:55.160 --> 01:28:57.160
how this new proposal is going

01:29:00.531 --> 01:29:01.922
to affect the way it was being
run.

01:29:02.797 --> 01:29:05.672
One of the things that it wasn't
saying is that the current

01:29:06.969 --> 01:29:08.969
proposal for the contract now

01:29:11.406 --> 01:29:14.109
there would be no -- I feel
public input into the way the

01:29:17.484 --> 01:29:20.141
system is going to be run and
operated with new routes and

01:29:21.188 --> 01:29:23.188
things like that.

01:29:24.156 --> 01:29:26.812
I understand that they will be
taking public comments and

01:29:27.125 --> 01:29:29.953
things of that nature.
One of the things I found in the

01:29:31.984 --> 01:29:33.984
transit system is that you

01:29:34.828 --> 01:29:36.828
designated it -- a group of

01:29:36.938 --> 01:29:39.500
citizens to operate the durham
area transit authority to

01:29:39.828 --> 01:29:41.766
provide the new routes and
provide the schedule.

01:29:42.531 --> 01:29:45.344
Of course, they can't do it
without the staff's help.

01:29:46.469 --> 01:29:49.438
That is one of the things that I
want you guys to keep in mind

01:29:52.780 --> 01:29:54.844
when you execute this new
memorandum agreement with tta.

01:29:55.812 --> 01:29:57.812
Right now, as it presently

01:29:58.453 --> 01:30:00.453
stands, there is no interjection

01:30:02.656 --> 01:30:04.656
of the public in between staff

01:30:05.484 --> 01:30:07.484
and triangle transit.

01:30:12.125 --> 01:30:13.906
I understand that the present
board of trustees, I don't know

01:30:15.531 --> 01:30:18.406
what you call them, if that
element is taken away, there is

01:30:19.531 --> 01:30:21.969
big fear about what will happen
with the public transit.

01:30:24.141 --> 01:30:26.141
That is all I got to say.

01:30:27.281 --> 01:30:29.922
>> Mr. Jackson?
Thank you.
We'll enter it as part of the

01:30:29.922 --> 01:30:31.922
public record.

01:30:31.984 --> 01:30:33.984
The clerk will have this.

01:30:35.391 --> 01:30:37.391
Entertain a motion on the item.

01:30:37.828 --> 01:30:39.859
It's been properly moved and
seconded.

01:30:41.453 --> 01:30:44.000
madam clerk, open the vote.
Close the vote.

01:30:44.000 --> 01:30:46.562
>> passes 7-0.
>> let me ask, are there any

01:30:48.172 --> 01:30:49.531
other items to come before the
council?

01:30:50.797 --> 01:30:52.797
If not, the meeting is adjourned

01:30:52.906 --> 01:30:54.906
at 8:34 P.M.

01:30:56.969 --> 01:30:58.969
Thank you.