October 20, 2015
Page 1
COUNCIL MINUTES
The City Council of the City of Raleigh met in a regular session at 1:00 p.m. on Tuesday, October 20, 2015 in the City Council Chamber, Room 201 of the RaleighMunicipalBuilding, Avery C. Upchurch Government Complex, 222 W. Hargett Street, Raleigh, North Carolina, with the following present.
Mayor Nancy McFarlane, Presiding (absent & excused)
Mayor Pro Tem John Odom
Councilor Mary-Ann Baldwin
Councilor Kay C. Crowder
Councilor Bonner Gaylord
Councilor Wayne K. Maiorano
Councilor Russ Stephenson
Councilor Eugene Weeks (absent & excused)
Mayor Pro Tem Odom called the meeting to order and invocation was rendered by Lexie Hallman, CantorTempleBeth Or. The Pledge of Allegiance was led by Councilor Maiorano. Mayor Pro Tem Odom reported that Mayor McFarlane and Mr. Weeks are absent and will be excused from the meeting.
The following items were discussed with action taken as shown.
RECOGNITION OF SPECIAL AWARDS
KIWANIS CLUB – CONTRIBUTIONS - ACKNOWLEDGED
Nick Fountain and others representing the Kiwanis Club were at the meeting to explain the mission of the Kiwanis Club relating to changing the world one child at a time and their involvement with the City of Raleigh Parks, Recreation and Cultural Resources. He pointed out they have entered into a contractual agreement with the City of Raleigh to raise $150,000 for Sassafras All Children’s Playground at Laurel Hills Park and for renovations at Kiwanis Park. He stated the Kiwanis Club started its association with the City in 1954. They presented a “poster check” for $100,000 which is their first installment for the SassafrasPark. He talked about the importance of all children being able to play together. He talked about the project and their work with Parks, Recreation and Cultural Resources Director Sawyer and Assistant Director Payne and Carolyn Bachl of the City Attorney’s office in developing this relationship. He explained various activities the Kiwanis Club is involved with including the Boys and Girls Club, FrankieLemmonSchool, SafeChild, etc. He talked about the number of the members of their club who have been inducted into the Raleigh Hall of Fame, the importance of public/private efforts and recognized those members of the Club who were present and asked them to stand.
In accepting the “poster check” Mayor Pro Tem Odom expressed appreciation for the dedication and involvement of the Kiwanis Club through the years.
CONSENT AGENDA
CONSENT AGENDA – APPROVED AS AMENDED
Mayor Pro Tem Odom presented the consent agenda indicating all items are considered to be routine and may be enacted by one motion. If a Councilor requests discussion on an item, the item will be removed from the consent agenda and considered separately. He explained the vote on the consent agenda will be a roll call vote. Mayor Pro Tem Odom pointed out he had received a request to withdraw the Warehouse District Parking Agreement and Budget Amendment (Administration) and Transportation Field Services – Public Works (Gaylord). Without objection, those items were withdrawn from the Consent Agenda. Mr. Stephenson moved approval of the Consent Agenda as amended. His motion was seconded by Mr. Gaylord and a roll call vote resulted in all members voting in the affirmative except Mayor McFarlane and Councilor Weeks who were absent and excused. The Mayor Pro Tem ruled the motion adopted on a 6-0 vote. The items on the consent agenda were as follows.
HOUSING ASSISTANCE – CITY EMPLOYEES – NOTED
Pursuant to the Charter of the City of Raleigh, employees are not prohibited from participating in any rental or home ownership program sponsored or operated by the City, provided the employee meets all program criteria for participation.
The Charter also provides that when an employee participates in a City housing program, the award shall be noted in the minutes of the City Council. The following City employee complies with all criteria for participation in the Home Ownership Program administered by the Housing and Neighborhoods Department: Dieva Hill.
Recommendation: Direct the City Clerk to record in the minutes. Upheld on Consent Agenda Stephenson/Gaylord - 6 ayes (McFarlane and Weeks absent and excused).
POLICE SIDEARMS – EXCHANGE OF PROPERTY – AUTHORIZED
Authorization for the exchange of public property as provided under state statutes is being requested. The property to be exchanged are 32 Smith & Wesson, .45-caliber,semi-automatic pistols currently assigned to police officers and which are approaching the manufacturer’s recommended maintenance to continue service readiness.
The recommended maintenanceincludes replacing all working parts of the pistol at an estimated cost of more than $100 per weapon, plus labor, if completed individually. The Police Department proposes to enter into an agreement with Smith Wesson to purchase 32 new duty-issued pistols as part of an exchange and purchase agreement. Smith Wesson has agreed to provide 32 brand new duty-issued pistols for $100 each in exchange for the 32 used weapons. This exchange and purchase represents a cost savings to the City.
Recommendation: Authorize the exchange and purchase of City property. Upheld on Consent Agenda Stephenson/Gaylord – 6 ayes (McFarlane and Weeks absent and excused).
ANNEXATION – PETITION – LINVILLE RIDGE/SHADY GROVE ROAD – REFERRED TO CITY CLERK TO CHECK SUFFICIENCY AND SCHEDULE HEARING FOR JANUARY 5, 2016
The following annexation petition has been received:
AREA NAME AND DISTRICT / PETITIONER / ACRES / PROPOSED USEContiguous Petition
Linville Ridge/Shady Grove Road (E) / W.E. and Rebecca D. Lynn / 22.00 / Residential
Since this site is located outside of the City’s current Extra Territorial Jurisdiction (ETJ), Council should authorize staff to accept a corresponding zoning petition for the site, and authorize notification of the appropriate agency of thepetition in accordance with the existing annexation agreement with the city of Durham.
Under the current annexation policy outlined in Resolution 2008-460, staff does not to accept annexation petitions for property outside of the existing Raleigh ETJ, or for property in an area formally being considered for extension of the ETJ, with exceptions. This annexation petition meets the exception criteria for property within DurhamCounty identified through the mutual annexation agreement with Durham as being in the Raleigh urban service area.
Recommendation: Acknowledge the Linville Ridge/Shady Grove Road annexation petition and request the City Clerk to check sufficiency pursuant to statutes and, if found sufficient, advertise for public hearing on January 5, 2016. Upheld on Consent Agenda Stephenson/Gaylord – 6 ayes (McFarlane and Weeks absent and excused).
UTILITY EASEMENT –DEMPSEY E. BENTON WATER TREATMENT PLANT – DUKE ENERGY PROGRESS - APPROVED
A request has been received from Duke Energy Progress for an easement on City-owned property located at 1006 New Bethel Church Road, known as the Terminal Reservoir Property, for the purpose of relocating electrical facilities on the site related to roadway improvements in connection with construction of the new SouthGarnerHigh School. Staff is in agreement with the easement request by Duke Energy Progress and has no objections. A report was included with the agenda packet. No monetary exchange is recommended as part of the property exchange.
Recommendation: Approve the conveyance of the utility easement and authorizestaff to execute the appropriate documents. Upheld on Consent Agenda Stephenson/Gaylord – 6 ayes (McFarlane and Weeks absent and excused).
SANITARY SEWER FLOW MONITORING – BID AWARDED TO ADS, LLC
Six proposals for monitoring services were received August 14, 2015 for the Sanitary Sewer Flow Monitoring project. This is an ongoing project which provides sewer capacity data used to model the overall sewer collection system. This analysis provides information on the existing sewer collection system which is used to evaluate available system capacity and to guide future system improvements.
The purpose of the contract is to provide sanitary sewer flow monitoring services including: replacement of existing flow monitors, provision and installation of new flow monitors and rain gauge, provision of all maintenance and equipment necessary to maintain the network, alarming, hosting of real time and historic data, and review of flow monitoring data for quality assurance.
ADS, LLC was selected as the vendor, and a one-year contract has been negotiated in the amount of $235,423 with an option to renew for five additional one-year terms. Funding is appropriated in the capital budget.
Name of Project:Sanitary Sewer Flow Monitoring
Managing DivisionPublic Utilities – CapitalImprovements Division
Approval request:Contract Award
Reason for Council review:Contract >$150,000
Original CIP Budget:$250,000
Contract Amount:$235,423
Vendor:ADS, LLC
Prior contract activity:None
Encumbered with this approval:$235,423
Recommendation: Authorize the City Managerto execute the contract for sanitary sewer flow monitoring services with ADS, LLC in the amount not to exceed $235,423. Upheld on Consent Agenda Stephenson/Gaylord - 6 ayes (McFarlane and Weeks absent and excused).
SEWER FLOW MONITORING - ADMIRAL SECURITY SERVICES\CONTRACT AMENDMENT #3 – APPROVED
The City has an existing contract with Admiral Security Services to provide security guard services at multiple facilities. Amendment number three addresses security needs for the CentralCommunicationsCenterlocated at 2320 Westinghouse Boulevard.
Name of Project:Security Contract for City Sites
Managing Division:Parks, Recreation, and Cultural Resources – Facilities and Operations
Approval Requested:Professional Services Contract Amendment
Reason for City Council Review:Contract Amendment >$150,000 (City Council policy)
Original Contract Amount:$304,776
Vendor:Red Coats, Inc. dba Admiral Security Services
Prior contract activity:$304,776 – original contract – PR152-13 (July 3, 2013)
$75,273 – Amendment Number One– PR234-13 (October 9, 2013)
$14,400 – Amendment Number Two – PR177-14 (August 28, 2014)
Amount of this amendment:$63,788
Reason for this amendment:Addition of service for the CentralCommunicationsCenter, 2320 Westinghouse Boulevard
Encumbered with this approval:$458,237
Anticipated future amendments:Potentially future needs for additional security services may be required
Budget transfer required:None
Recommendation: Authorize the City Manager to execute the contract amendment in an amount not to exceed $63,788. Upheld on Consent Agenda Stephenson/Gaylord - 6 ayes (McFarlane and Weeks absent and excused).
PRINT PROGRAM – LEASE AND REPAIR SERVICE – CONTRACT WITH RICOH - APPROVED
Ricoh currently provides centralized equipment leasing, maintenance and repair services for printers and multi-function printing devices (MFDs) across the organization. Ricoh has managed the program since 2011 and continues to provide exceptional service to the City. Ricoh is proposing a new contract to continue managing the print program through the US Communities Government Purchasing Alliance, a cooperative purchasing vehicle used by many municipalities and which complies with public procurement requirements. The proposal by Ricoh replaces the aging printer and MFD fleet, while reducing the City’s current print program costs by a projected 17 percent. The current managed print program term ends February 28, 2016.
Staff requests authorization to negotiate and execute new lease and service agreements with Ricoh, with costs not to exceed $4,045,000 over the five-year term. Funding is appropriated in the departmental operating budgets in FY 2016 and will be budgeted and planned within upcoming fiscal year departmental operating budgets.
Recommendation: Authorize the City Manager to executethe lease and service contracts with Ricoh in an amount not to exceed $4,045,000. Upheld on Consent Agenda Stephenson/Gaylord - 6 ayes (McFarlane and Weeks absent and excused).
MCLAURIN PARKING – OFF-STREET PARKING DAILY OPERATIONS – CONTRACT EXTENDED
The City has an existing contract with McLaurin Parking to provide daily operations and collection service associated with the off-street parking operations. The contract includes a provision for up to two (2), two-year extensions of the contract at the City’s option. The current contract will expire October 31, 2015, absent extension by the City. Funding is appropriated in the operating budget.
Staff recommends extending the contract at this time. Subject to ongoing Council review of the night and weekend parking rate structure, a future amendment to the contract may be necessary to incorporate any program changes resulting from the night and weekend parking discussions.
Name of Project:McLaurin Parking Contract Extension Number One
Managing Division:Public Works – Parking
Request Reason:Authorization to exercise first of two two-year options for extension within the existing contract.
Cause of Contract:Without a City exercise of an extension option, the current contract expires October 31, 2015.
Vendor:McLaurin Parking
Prior Contract Activity:$894,661 (November 2011 – October 2012)
$914,345 (November 2012 – October 2013)
$940,482 (November 2013 – October 2014)
$960,529 (November 2014 – October 2015)
Budget Transfer:None
New Project Budget:$1,921,056 and $1,626,056 Basic Services for 24 months plus $295,000 Special Services/Events for 24 months
Currently Encumbered:$0
Amount of this Contract:$1,921,056
Encumbered with this approval:$720,396 – Funds encumbered for nine months (November 2015 – July 2016)
Recommendation: Authorize the City Manager to exercise the two-year option to extend the present contract to October 31, 2017. Upheld on Consent Agenda Stephenson/Gaylord - 6 ayes (McFarlane and Weeks absent and excused).
GRAYSTONE CONSULTING\AMENDMENT #2 – APPROVED
The City utilizes the services of Morgan Stanley Smith Barney, LLC through its Graystone Consulting business to provide investment consulting services for three of the City’s funds whose investments are longer term and governed by special investment legislation in 2007. These include the following: Other Post-Employment Benefits (OPEB) Trust, Law Enforcement Officers' (LEO) Special Separation Allowance, Capital Reserves and Risk Reserve Funds. Due to personnel changes in the Treasury Services area in the Finance Department, it is desirable to do a one-year extension of the investment consulting service contract with Graystone Consulting at the same fee structure as is currently in place. A comprehensive review of the investment services covered by the special legislation is scheduled for later in the year and a full request for proposals process effort will be conducted as part of that review to award a new contract at the conclusion of this one-year extension. Funding is appropriated in the operating budget.
Name of Project:Investment Consulting Services
Managing Division:Finance – Treasury
Request Reason:Contract Amendment Approval (Contract Amendment >$150,000)
Cause of Contract Amendment:Contract Expiration
Vendor:Graystone Consulting (Morgan Stanley Smith Barney, LLC)
Prior Contract Activity:Original contract – (December 1, 2009) – three- year term, with option of two additional one-year extensions
First extension – (January 1, 2013) – one-year term, with option of one additional one-year extension
Second extension – (January 1, 2014) – one-year term extension
Contract amendment number one – (January 1, 2015) – one-year term extension
FY16 Budget:$100,000
Currently Encumbered:$50,000
Amount of this Contract Amendment:$100,000 ($50,000 – FY16, $50,000 – FY17)
Encumbered with this Approval:$100,000
Recommendation: Authorize the City Manager to execute contract amendment number two with Graystone Consulting. Upheld on Consent Agenda Stephenson/Gaylord - 6 ayes (McFarlane and Weeks absent and excused).
PERSONNEL CHANGES – INFORMATION TECHNOLOGY AND PARKS, RECREATION AND CULTURAL RESOURCES – RECLASSIFICATIONS – APPROVED
The positions below were reviewed by the Human Resources Department. The fiscal impact of the reclassification will be absorbed within existing approved salary and benefit appropriations. The following changes are recommended:
Information Technology
Staff Assistant (code 0434; PG 34; position 1558) to IT Business Process Analyst (code 0454; PG 37)
Parks, Recreation,and Cultural Resources
Park Operations Supervisor (code 2120; PG 31, position 3228) to Special Parks Manager (code 4115; PG 34)
Recommendation: Approve the reclassifications. Upheld on Consent Agenda Stephenson/Gaylord - 6 ayes (McFarlane and Weeks absent and excused).
ENCROACHMENT REQUESTS – 313 SOUTH WILMINGTON STREET; SOUTH WEST STREET/NORTH WEST STREET/HARRINGTON STREET/WEST EDENTON STREET; WEST MARTIN STREET; CLARK AVENUE – APPROVED CONDITIONALLY
The agenda presented the following encroachment requests.
313 South Wilmington Street
A request has been received from EdisonLand, LLC to install a metal canopy and a metal awning located in the right-of-way of South Wilmington Street. A report was included with the agenda packet.
South West Street, North West Street, Harrington Street, and West Edenton Street
A request has been received from Level 3 Communications to install fiber optic cable located in the right-of-way of South West Street, North West Street, Harrington Street, West Edenton Street. A report was included with the agenda packet.
West Martin Street
A request has been received from Level 3 Communications to install fiber optic cable located in the right-of-way of West Martin Street. A report was included with the agenda packet.
Clark Avenue
A request has been received from Fiber Technologies Networks, LLC to replace an existing Duke pole located in the right-of-way of Clark Avenue. A report was included with the agenda packet.
Recommendation: Approve the encroachments subject to completion of a liability agreements and documentation of proof of insurance by the applicants. Upheld on Consent Agenda Stephenson/Gaylord - 6 ayes (McFarlane and Weeks absent and excused).
BUDGET AMENDMENTS – VARIOUS – APPROVED – ORDINANCE ADOPTED
Parks, Recreation, and Cultural Resources – LaurelHillsPark
To appropriate a $100,000 contribution from the Kiwanis Club of Raleigh, NC, Inc. for support of the renovation, renewal, upgrading, and expansion of the SassafrasAll Children’s Playground at LaurelHillsPark.
Recommendation: Authorize a budget amendment in the amount of $100,000. Accounting detail was included with the agenda packet.
Public Works - Transit
To appropriate funds totaling $5,124,610 from three transit grants including two Surface Transportation Program (STP) grants and one Capital grant. All three grants are provided by the Federal Transit Administration (FTA) and are for renovations to the existing Moore Square transit transfer station as well as renovations to the existing paratransit maintenance facility on Blount Street. The FTA requires a 20 percent matching contribution;matching funds are appropriated in the capital budget. The grants were approved by the Grants Committee on October 8, 2015. Accounting details were included with the agenda packet.