November 3, 2015

Page 39

COUNCIL MINUTES

The City Council of the City of Raleigh met in a regular session at 1:00 p.m. on Tuesday, November 3, 2015 in the City Council Chamber, Room 201 of the Raleigh Municipal Building, Avery C. Upchurch Government Complex, 222 W. Hargett Street, Raleigh, North Carolina, with the following present.

Mayor Nancy McFarlane, Presiding

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

Mayor McFarlane called the meeting to order and invocation was rendered by Rebi Eric M. Solomon, Beth Meyer Synagogue. The Pledge of Allegiance was led by Councilor Maiorano. The following items were discussed with action taken as shown.

RECOGNITION OF SPECIAL AWARDS

PROCLAMATION – WORLD PANCREATIC CANCER DAY

Mayor McFarlane read a proclamation proclaiming World Pancreatic Cancer Day in the City of Raleigh. The Proclamation was accepted by Charles Croney, Volunteer with the Pancreatic Cancer Action Network.

AGENCY GRANTEE PRESENTATION – INTERNATIONAL FOCUS INC. - COMMENTS RECEIVED

Barta Al Chacai – Powell, International Focus Inc. talked about the 30 year history and partnership between International Focus Inc. and the City of Raleigh. She expressed appreciation for the City of Raleigh’s help, spoke briefly to the mission of their group and pointed out they recently celebrated their 30th anniversary with the annual event held at the Raleigh Convention Center.

CONSENT AGENDA

CONSENT AGENDA – APPROVED AS AMENDED

Mayor McFarlane 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. She explained the vote on the consent agenda will be a roll call vote. Mayor McFarlane stated she had received a request from Mr. Gaylord to withdraw the budget amendment relating to Lower Longview Lake dredging project. Without objection, the item was removed from the consent agenda. Ms. Baldwin moved approval of the consent agenda as amended. Her motion was seconded by Mr. Gaylord and a roll call vote resulted in all members voting in the affirmative. The Mayor ruled the motion adopted on an 8-0 vote. The items on the Consent Agenda were as follows.

FRANCHISE AGREEMENT – PUBLIC SERVICE COMPANY OF NORTH CAROLINA – APPROVED ON SECOND AND FINAL READING

The City Council adopted Ordinance 2015-503, approving a 30-year franchise agreement with Public Service Company of North Carolina, following a public hearing on October 20, 2015.

It would be appropriate for the Council to adopt the franchise ordinance on a second and final reading. Upheld on Consent Agenda Baldwin/Gaylord - 8 ayes.

CALENDAR – 2016 COUNCIL MEETING SCHEDULED – APPROVED

Council members received the following proposed schedule for meetings of the City Council during Calendar Year 2016.

CITY OF RALEIGH

2016 CITY COUNCIL MEETING SCHEDULE

DAY/DATE / TYPE OF MEETING / TIME
Tuesday, January 5, 2016 / City Council / 1:00 pm
7:00 pm
Tuesday, January 19, 2016 / Work Session City Council / 11:30 am
1:00 pm
Tuesday, February 2, 2016 / City Council / 1:00 pm
7:00 pm
Tuesday, February 16, 2016 / Work Session City Council / 11:30 am
1:00 pm
Tuesday, March 1, 2016 / City Council / 1:00 pm
7:00 pm
Tuesday, March 15, 2016 / Work Session City Council / 11:30 am
1:00 pm
Tuesday, April 5, 2016 / City Council / 1:00 pm
7:00 pm
Tuesday, April 19, 2016 / Work Session City Council / 11:30 am
1:00 pm
Tuesday, May 3, 2016 / City Council / 1:00 pm
7:00 pm
Tuesday, May 17, 2016 / Work Session City Council / 11:30 am
1:00 pm
Tuesday, June 7, 2016 / City Council / 1:00 pm
7:00 pm
Tuesday, June 21, 2016 / Work Session City Council / 11:30 am
1:00 pm
Tuesday, July 5, 2016 / City Council / 1:00 pm
7:00 pm
Tuesday, July 19, 2016 / Work Session City Council / 11:30 am
1:00 pm
Tuesday, August 2, 2016 / City Council / 1:00 pm
7:00 pm
Tuesday, September 6, 2016 / City Council / 1:00 pm
7:00 pm
Tuesday, September 20, 2016 / Work Session City Council / 11:30 am
1:00 pm
Tuesday, October 4, 2016 / City Council / 1:00 pm
7:00 pm
Tuesday, October 18, 2016 / Work Session City Council / 11:30 am
1:00 pm
Tuesday, November 1, 2016 / City Council / 1:00 pm
7:00 pm
Tuesday, November 15, 2016 / Work Session City Council / 11:30 am
1:00 pm
Tuesday, December 6, 2016 / City Council / 1:00 pm
7:00 pm

November 18, 2016 – General Elections

Recommendation: Adopt the 2016 Meeting schedule. Upheld on Consent Agenda Baldwin/Gaylord - 8 ayes.

BUDGET REVIEW SCHEDULE – 2016 – APPROVED

The proposed budget review schedule includes dates that are statutorily required (City Manager’s Proposed Budget presentation and public hearing) and those that have been used in the annual budget process by custom and tradition (work sessions and the pre-budget hearing). The schedule serves to notify the public of the upcoming budget review process. The Council and the City Manager may revise or add to the schedule at a later date. The following schedule is proposed for the FY 2016-17 budget review process:

·  Pre-Budget Hearing by City Council: January 5, 2016, 7:00 p.m.

·  City Council Budget Work Sessions:

o  Monday, February 29, 2016, 1:00 pm

o  Monday, March 21, 2016, 1:00 pm

o  Wednesday, April 6, 2016, 1:00 pm

·  Presentation of Proposed Operating Budget and Proposed Capital Improvement Program: May 17, 2016

·  Public Hearing on budget proposals: June 7, 2016, 7:00 p.m.

·  City Council Budget Work Sessions:

o  Monday, June 6, 2016, 4:00 pm

o  Monday, June 13, 2016, 4:00 pm

o  Monday, June 20, 2016, 4:00 pm (if needed)

o  Monday, June 27, 2016, 4:00 pm (if needed)

Recommendation: Adopt the annual budget review schedule. Upheld on Consent Agenda Baldwin/Gaylord - 8 ayes.

HALIFAX ATHLETIC FIELD – LEASE OF SPACE – MANAGER AUTHORIZED TO EXECUTE

On September 14, 1971, the City entered into a 40-year lease agreement with the Raleigh Housing Authority for property at Halifax Court to be developed and managed by as a community center and park. The original lease expired in September 2011. Both parties desired to continue with the mutually beneficial relationship resulting in leases being executed in November 2011.

Corresponding to the expiration of the original 40-year lease was the reinvestment by the City into the community center that serves the Halifax community. At that time it was the desire of the Raleigh Housing Authority to subdivide the parcel that housed the original Halifax Community Center and athletic field; as a result, two leases were executed in 2011. The community center space continued the 40-year term while the space that accommodates the athletic field was reduced to four years.

The current lease for the athletic field is set to expire in November 2015 and both parties desire for this mutually beneficial relationship to continue. The lease agreement is for four years, through 2019, at a cost of $1 per year.

Recommendation: Authorize the City Manager to execute the lease agreement. Upheld on Consent Agenda Baldwin/Gaylord - 8 ayes.

GIS SOFTWARE- ESRI, INC. – AMENDMENT NUMBER THREE – APPROVED

The City currently utilizes Environmental Systems Research Institute, Inc. (ESRI) as the provider for the enterprise Geographic Information System (GIS) software. The current license is an Enterprise License Agreement (ELA) for a term of three years. A contract amendment for an additional three years of software licensing is proposed, which will continue to provide unlimited access to the software and maintenance included in the agreement by all departments. Funding for the contract amendment is appropriated in the FY2016 department operating budget.

Name of Project: GIS Software – Environmental Systems Research Institute, Inc. (ESRI)

Managing Division: Information Technology – IT Application Support

Request Reason: Contract amendment approval (contract amendments >$150,000)

Cause of Contract Amendment: Contract amendment – enterprise license agreement

Vendor: Environmental Systems Research Institute, Inc. (ESRI)

Prior Contract Activity: Original contract $825,000 (three-year total)

Amendment One (Administrative): Change of scope, no amount

Amendment Two (Administrative): Change of scope, no Amount

Currently Encumbered: $0

Amount of this Contract Amendment: $1,100,000 (three-year total or through December 2018)

Encumbered with this Approval: $350,000 (December 2015-December 2016)

Recommendation: Authorize the City Manager to execute contract amendment number three in an amount not to exceed $1,100,000. Upheld on Consent Agenda Baldwin/Gaylord - 8 ayes.

TRAFFIC CALMING PROJECT – T.A. LOVING CHANGE ORDER #3 – APPROVED

The Public Utilities Department is currently under contract with T.A. Loving for the 2013 Water Main Replacement and Brookside Drive Traffic Calming projects. The existing project scope involves replacement of aging undersized water and sewer lines within Glascock Street and Brookside Drive, along with the traffic calming project for Brookside Drive.

It would be advantageous to add the Glascock Traffic Calming project to this work as the limits of the two projects coincide and the contractor will have mobilized in the vicinity of the traffic calming project. T.A. Loving performed the unit-price contract for the Brookside Drive Traffic Calming project and the unit prices for the additional scope of work for the Glascock project are the same, with the exception of new contract items. Pricing for new items are competitive with recent bid prices.

Contract History:

Name of Project: 2013 Water Main Replacements; Brookside Traffic Calming

Managing Division: Public Utilities – Capital Improvements Division

Request Reason: Contract amendment approval (Contract Amendment >$150,000)

Vendor: T.A. Loving Company

Prior Contract Activity: 1,993,724 (Approved by City Council September 2, 2014)

Amendment One: $635,477(Approved by City Council June 15, 2015)

Amendment Two: $485,437

Currently Encumbered: $3,114,638

Amount of this Contract Change Order: $796,960

Encumbered with this Approval: $3,911,598

Recommendation: Authorize City Manager to execute contract change order in the amount not to exceed $796,960. Upheld on Consent Agenda Baldwin/Gaylord - 8 ayes.

TRIP MANAGEMENT – RIDE RIGHT, LLC AMENDMENT #2 – APPROVED

The City has an existing contract with Ride Right, LLC to provide live dispatch, taxi invoice validation, and invoice payment services for the Accessible Raleigh Transportation program. Amendment number two will extend the contract by six months. Ride Right, LLC does not provide transportation services; passenger trips are provided by approximately thirty-five taxi companies and one prime vendor.

Name of Project: Trip Management

Managing Division: Public Works – Transportation Operations/Transit

Approval Requested: Contract Amendment

Reason for City Council Review: Contract Amendment >$150,000

Original Contract Amount: $67,272

Vendor: Ride Right, LLC

Prior contract activity: Original Contract $67,272, Amendment Number One $67,272

Amount of this amendment: $67,272

New Project Budget: $201,816

Reason for this amendment: To extend term by six months and have the contract renewable on a fiscal year basis.

Encumbered with this approval: $67,272

Anticipated future amendments: None

Budget transfer required: None

Recommendation: Authorize the City Manager to execute the contract amendment in an amount not to exceed $67,272. Upheld on Consent Agenda Baldwin/Gaylord – 8 ayes.

TRANSIT - WAKE COUNTY COORDINATED TRANSPORTATION SERVICES – CONTRACT APPROVED

The City has an existing contractual arrangement with Wake County transit to enhance employment related transportation options in the county and to provide transportation services for seniors and persons with disabilities. The service is provided by Wake Coordinated Transportation Services (WCTS).

As required for grant eligibility, services provided to seniors and persons with disabilities must be above and beyond what is currently required by the Americans with Disabilities Act. Staff has identified grant funding which is required to be returned if not utilized and recommends reallocation of this grant funding source to renew the agreement with WCTS for the services identified above. Funding is appropriated in the grant fund.

Name of Project: Enhanced Employment Related Transportation Options within Wake County

Managing Division: Public Works – Transportation Operations/Transit

Approval Requested: Contract Services

Reason for City Council Review: Initial contract >$150,000

Original Contract Amount: $199,900

Vendor: Wake Coordinated Transportation Services

Prior contract activity: None

Project Budget: $199,900

Encumbered with this approval: $199,900

Anticipated future amendments: None

Budget transfer required: None

Recommendation: Authorize the City Manager to execute the contract with Wake Coordinated Transportation Services in an amount not to exceed $199,900. Upheld on Consent Agenda Baldwin/Gaylord - 8 ayes.

ENCROACHMENT – BELVIN DRIVE – APPROVED CONDITIONALLY

A request has been received from Ashton Raleigh Residential to install a storm drain system located in the right-of-way of Belvin Drive. A report was included with the agenda packet.

Recommendation: Approve the encroachment subject to completion of a liability agreement and documentation of proof of insurance by the applicant. Upheld on Consent Agenda Baldwin/Gaylord - 8 ayes.

BUDGET AMENDMENT – LAUREL HILLS PARK – APPROVED – ORDINANCE ADOPTED

The Frankie Lemmon Foundation has donated $8,500 to assist with construction of the Sassafras Playground at Laurel Hills Park.

Recommendation: Authorize a budget amendment in the amount of $8,500. Accounting detail was included in the agenda packet. Upheld on Consent Agenda Baldwin/Gaylord - 8 ayes. See Ordinance 505 TF 263.

SMITH CREEK INTERCEPTOR SEWER IMPROVEMENTS – PARK CONSTRUCTION OF NC/CHANGE ORDER # 3 - APPROVED

Eight construction bids were received on June 19, 2014 for the Smith Creek Interceptor Improvements project. This project will parallel or replace the existing Smith Creek Interceptor sewer line in Wake Forest from Wait Avenue to the Smith Creek Wastewater Treatment Plant for the future flow capacities of year 2035. The project will install approximately 43,445 linear feet of 36-inch, 30-inch, 24-inch, 20-inch, 18-inch, 16-inch, and 8-inch sewer lines. On July 15, 2014, council approved and awarded the contract to Park Construction of NC, Inc. in the amount of $7,897,113.

The Smith Creek construction contract provided for an amount of rock excavation due to geotechnical reports during the design phase but much more extensive geotechnical borings during the construction phase indicates rock excavation overages; change order number three in the amount of $418,277 will provide for these overages at the current contract prices. The Smith Creek Greenway along the sewer project corridor north of Rogers Road and adjacent to Heritage Greens Drive receives considerable flooding and will require additional grading and drainage work to drain the area properly. Change order number three will also provide for conflicts with Wake EMC underground power facilities and additional sewer repairs.