Durham City Council Action Agenda

Present: Mayor Leonardo Williams Mayor Pro-Tempore Mark-Anthony Middleton and Council Members: Nate Baker Javiera Caballero Chelsea Cook DeDreana Freeman Carl Rist Absent:None.

Consent Agenda

1. DURHAM BICYCLE & PEDESTRIAN ADVISORY COMMISSION - APPOINTMENT

To appoint Christopher N. Perelstein to the Durham Bicycle & Pedestrian Advisory Commission representing Transportation Planning Policy with the term to expire on August 31, 2025.

(Due to the resignation of Deniz Aydemir)

Vote: 7/0

2. APPROVAL OF CITY COUNCIL MINUTES

To approve the City Council minutes for the following meetings: 2/5/24 Regular Meeting; 2/8/24 Work Session; 2/16/24 Budget Retreat; 2/19/24 Regular Meeting; 2/22/24 Work Session; 3/1/24 Budget Retreat; 3/4/24 Regular Meeting; and 3/7/24 Work Session.

Vote: 7/0

3. EXTERNAL AUDITOR CONTRACT

To authorize the City Manager to execute a three-year contract for the audit of the City's Fiscal Year Annual Comprehensive Financial Report for FY 2024, 2025 and 2026 with Cherry Bekaert LLP, in an amount not-to-exceed $290,025.00;

To authorize the Mayor or City Manager to execute annual fiscal year engagement letters, LGC contract forms and other required audit service documents; and

To ratify LGC-205 Contract to Audit Accounts for Fiscal Year 2024 executed by the Mayor on February 16, 2024.

Vote: 7/0

4. BLOOMBERG CENTER FOR PUBLIC INNOVATION (BCPI) GRANT

To adopt the Bloomberg Center for Public Innovation at Johns Hopkins University Grant Budget Ordinance; and

To authorize the City Manager to execute the grant agreement with the Bloomberg Center for Public Innovation at Johns Hopkins University and other documents required or appropriate in order for the City to receive the grant in the amount of $100,000.

Vote: 7/0

5. THIRD AMENDMENT TO THE CONTRACT WITH HOUSING FOR NEW HOPE TO SERVE AS THE UNSHELTERED COORDINATING AGENCY

To authorize the City Manager to execute the Third Amendment to the Contract with Housing for New Hope to Serve as the Unsheltered Coordinating Agency to extend the contract until June, 30, 2025 and increase the contract value by $537,500 for a contract value not to exceed $2,042,500.

Vote: 7/0

6. FIRST AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE DURHAM PUBLIC SCHOOL BOARD OF EDUCATION TO ADMINISTER THE PROMOTING ACADEMIC LEARNING PROGRAM (PAL)

To authorize the City Manager to amend the Interlocal Agreement with the Durham Public School Board of Education by extending the term to June 30, 2024, and adding a total of $122,000 to the budget, with a combination of $74,616 in CDBG-CV funding and $47,384 in Pre-2000 Affordable Housing Bond Program Income, for a contract total of $490,764, in support of the Promoting Academic Learning Program (PAL).

Vote: 7/0

7. AMERICAN RESCUE PLAN ACT (ARPA) FUNDS – REINVESTMENT PARTNERS DEVELOPMENT FUNDING COMMITMENT – 312 EAST UMSTEAD STREET PROJECT

To authorize the City Manager to issue a development funding commitment in an amount up to $3,200,000 from City of Durham's CDBG funding, local funding, and the City of Durham's and Durham County's American Rescue Plan Act funding under the State and Local Fiscal Recovery Funds to Reinvestment Partners for the development of affordable rental units for the 312 East Umstead Street project; and

To authorize the City Manager to execute all necessary documents and instruments required to fulfill the purpose and intent of this development funding commitment; and

To authorize the City Manager to make necessary and appropriate changes to the funding commitment, provided that such changes do not increase the financial obligations of the City and, taken as a whole, remain favorable to the City's interests.

Vote: 7/0

8. TAXABLE GENERAL OBLIGATION HOUSING BONDS, SERIES 2024

To adopt an Initial Resolution providing for the issuance of not to exceed $55,000,000 Taxable General Obligation Housing Bonds, Series 2024, and repealing a certain bond order authorizing refunding bonds.

Vote: 7/0

9. UTILITY SYSTEM REVENUE BONDS, SERIES 2024

To adopt a Resolution directing an application to the Local Government Commission for its approval of a Utility System Revenue Bonds not to exceed $84,000,000; requesting Local Government Commission approval of the financing; and certain related matters.

Vote: 7/0

10. CLIMATE CORPS FELLOWSHIP AGREEMENT WITH STRATEGIC ENERGY INNOVATIONS

To authorize the City Manager to execute the Climate Corps Fellowship Agreement with Strategic Energy Innovations in an amount not to exceed $67,265.

Vote: 7/0

11. WEST POINT ON THE ENO PARK AND RIVER PARKS PLAYGROUNDS PROJECT DESIGN CONTRACT WITH SURFACE 678, P.A.

To authorize the City Manager to execute an Architectural Services Agreement for the West Point on the Eno Park and River Parks Playgrounds project with Surface 678, P.A., in an amount not to exceed $588,825;

To establish a contingency fund in the amount of $60,000; and

To authorize the City Manager to negotiate and execute modifications to the Architectural Services Agreement for the West Point on the Eno Park and River Parks Playgrounds project provided that the total contract amount including existing contingency funds does not exceed $648,825.

Vote: 7/0

12. FY2025 – 2027 EMPLOYEE BENEFITS

City Paid Benefits:

To authorize the City Manager to execute a three-year contract for Medical and Pharmacy Benefits Administration with Aetna Life Insurance Company in an amount not to exceed $4,933,143.00;

To authorize the City Manager to execute a three-year contract for Dental Plan Administration Services with Delta Dental of North Carolina in an amount not to exceed $282,096.00;

To authorize the City Manager to execute a one-year contract for the provision of stop loss insurance with Blue Cross and Blue Shield of North Carolina in an amount not to exceed $4,152,494.67;

To authorize the City Manager to execute a three-year contract for the provision of life and disability benefits with American United Life Insurance Company (OneAmerica) in an amount not to exceed $3,600,000.00;

To authorize the City Manager to execute a three-year contract for Flexible Spending Account (FSA), Health Reimbursement Arrangement (HRA), and COBRA Administration with P&A Administrative Services, Inc. in an amount not to exceed $120,000.00;

To authorize the City Manager to execute a three-year contract for Guidance Resources Services (EAP) with ComPsych Employee Assistance Programs, Inc. in an amount not to exceed $200,000.00;

To authorize the City Manager to execute a three-year contract for the Live Well City of Durham Employee Wellness Program with WebMD Health Service Group, Inc. in an amount not to exceed $649,180.65; and

To authorize the City Manager to execute a three-year contract for 457(b) Plan Sponsor Advisor Services with The L. Warner Companies, Inc. in an amount not to exceed $137,171.00.

Voluntary Benefits:

To authorize the City Manager to execute a three-year contract for Vision Benefits Administration with Superior Vision Services, Inc.;

To authorize the City Manager to execute a three-year contract for the offering of pre-paid legal benefits to City employees with MetLife Legal Plans, Inc.;

To authorize the City Manager to execute a three-year contract for the offering of pet insurance products to City employees with MetLife Pet Insurance Solutions, LLC;

To authorize the City Manager to execute a three-year contract for the offering of property and casualty insurance benefits to City employees with Farmers Property and Casualty Insurance;

To authorize the City Manager to execute a three-year contract for the offering of worksite benefits (Accident, Critical Illness, Hospital Indemnity, and Whole Life) to City employees with Unum Group Corporation; and

To authorize the City Manager to execute a three-year contract for 457(b) Recordkeeping Services with Lincoln Retirement Services Company, LLC.

Vote: 7/0

13. CONTRACT WITH FMLA SOURCE, INC. FOR FAMILY MEDICAL LEAVE ACT AND AMERICANS WITH DISABILITIES ACT ADMINISTRATION AND INFORMATION SERVICES

To authorize the City Manager to execute a three-year contract for FMLA and ADA Administration and Information Services with FMLA Source, Inc. in an amount not to exceed $250,000.00.

Vote: 7/0

14. FIRST AMENDMENT TO CONTRACT #19791: AMERICAN RESCUE PLAN ACT (ARPA) SUBAWARD AGREEMENT WITH WALL STREET JUNIORS INC

To authorize the City Manager to execute the First Amendment to the ARPA Subaward Agreement with Wall Street Juniors Inc. to expand the Scope of Work and increase the compensation to an amount not to exceed $110,000.

Vote: 7/0

15. CONTRACT WITH DURHAM CITY SKATING LLC. A SUBSIDIARY LIMITED LIABILITY CORPORATION UNDER UNITED SKATES OF AMERICA INC. TO OPERATE THE WHEELS ROLLER SKATING RINK

To authorize the City Manager to execute a contract with Durham City Skating LLC, a subsidiary limited liability corporation under United Skates of America, Inc. to operate the Wheels Roller Skating Rink.

Vote: 7/0

16. GOVERNOR’S CRIME COMMISSION, 2023 CRIMINAL JUSTICE IMPROVEMENT PROGRAM GRANT PROJECT ORDINANCE

To authorize the City Manager to accept the 2023 Criminal Justice Improvement Program grant by executing the grant documents; and

To adopt the 2023 Criminal Justice Improvement Program Grant Project Ordinance in the amount of $397,781.88

Vote: 7/0

17. CONTRACT SW-74C RIGHT OF WAY ACQUISITION SERVICES FOR VARIOUS SIDEWALK PROJECTS

To authorize the City Manager to execute contract SW-74C Right of Way Acquisition Services for Various Sidewalk Projects with Hearns Real Estate Solutions, L.L.C. in the amount not to exceed $863,835;

To establish a contingency amount of $86,384; and

To authorize the City Manager to negotiate and execute modifications to contract SW-74C Right of Way Acquisition Services for Various Sidewalk projects provided that the total cost of the contract together with all modifications does not exceed $950,219.

Vote: 7/0

18. CONTRACT SW-95 SIDEWALK PRESERVATION 2024

To authorize the City Manager to execute a construction contract for SW-95 Sidewalk Preservation 2024 with Precision Safe Sidewalks, LLC in the amount of $599,809.68;

To establish a contingency fund in the amount of $89,971.45; and

To authorize the City Manager to negotiate and execute modifications to SW-95 Sidewalk Preservation 2024, provided that the total cost of the contract together with all modifications does not exceed $689,781.13.

Vote: 7/0

19. CONTRACT SW-93 EGI SIDEWALK REPAIRS 2024

To authorize the City Manager to execute a construction contract for SW-93 EGI Sidewalk Repairs 2024 with H & H Enterprises of Knightdale, LLC in the amount of $3,080,000;

To establish a contingency fund in the amount of $361,598.60; and

To authorize the City Manager to negotiate and execute modifications to SW-93 EGI Sidewalk Repairs 2024, provided that the total cost of the contract together with all modifications does not exceed $3,441,598.60.

Vote: 7/0

20. CONTRACT SW-93C EGI INSPECTIONS FOR SIDEWALK REPAIRS

To authorize the City Manager to execute a professional services contract for SW-93C EGI Inspections for Sidewalk Repairs with A1 Consulting Group, Inc. in the amount not to exceed $720,394;

To establish a contingency fund in the amount of $72,039.40; and

To authorize the City Manager to negotiate and execute modifications to SW-93C EGI Inspections for Sidewalk Repairs provided that the total cost of the contract together with all modifications does not exceed $792,433.40.

Vote: 7/0

21. SOFTWARE AND MAINTENANCE CONTRACT WITH ENVIRONMENTAL SYSTEMS RESEARCH INSTITUTE, INC., DBA ESRI SYSTEMS, INC.

To authorize the City Manager to execute the Contract for Software Licenses and Maintenance Services with Environmental Systems Research Institute, Inc., dba Esri Systems, Inc. in an amount not to exceed $1,261,679.

Vote: 7/0

22. CONTRACT FOR LAST MILE SERVICES WITH G & S COMMUNICATIONS AND TECHNICAL SERVICES, INC.

To authorize the City Manager to execute the Contract for Last Mile Services with G & S Communications and Technical Services, Inc. in an amount not to exceed $68,267;

To establish a contingency fund in the amount of $10,250; and

To authorize the City Manager to negotiate and execute modifications to the Contract for Last Mile Services, provided that the total contract amount including existing contingency funds does not exceed $78,517.

Vote: 7/0

23. CONTRACT FOR LAST MILE SERVICES WITH LEXAIR ELECTRONICS SALES CORPORATION

To authorize the City Manager to execute the Contract for Last Mile Services with Lexair Electronics Sales Corporation in an amount not to exceed $56,786.50;

To establish a contingency fund in the amount of $8,518.50; and

To authorize the City Manager to negotiate and execute modifications to the Contract for Last Mile Services, provided that the total contract amount including existing contingency funds does not exceed $65,305.

Vote: 7/0

24. SUPPLEMENTAL AGREEMENT NUMBER 2 TO THE REIMBURSEMENT AGREEMENT BETWEEN NORTH CAROLINA DEPARTMENT OF TRANSPORTATION AND THE CITY OF DURHAM FOR THE LEASE OF THE DURHAM AMTRAK STATION

To authorize the City Manager to execute the Supplemental Agreement Number 2 to the Reimbursement Agreement with NCDOT for a seven-year total not to exceed cost of $292,584.01.

Vote: 7/0

25. FIRST AMENDMENT TO CONSTRUCTION OF A TRAFFIC SIGNAL AT HILLANDALE ROAD AND HORTON ROAD

To authorize the City Manager to execute Contract Amendment #1 with Fulcher Electric of Fayetteville, Inc. in the amount of $51,730 for a new contract price of $347,865 for the installation of a new traffic signal at Hillandale Road and Horton Road;

To establish a contingency fund in the amount of $44,420.25; and

To authorize the City Manager to negotiate change orders to the project provided the cost of the contract, including all change orders, does not exceed the total contract cost of $392,285.25.

Vote: 7/0

31. RESOLUTION IN SUPPORT OF IMMIGRANT COMMUNITIES IN DURHAM

To adopt a Resolution in Support of Immigrant Communities in Durham.

Vote: 7/0

32. 2024 SHORT SESSION LEGISLATIVE AGENDA

To adopt the Legislative Agenda for the 2024 Short Session of the N.C. General Assembly.

Vote: 7/0

The following item(s) were disposed during the April 4, 2024 City Council Work Session

26. DURHAM-CHAPEL HILL-CARRBORO METROPOLITAN PLANNING ORGANIZATION FY2022-2023 ANNUAL REPORT

[A presentation was made during the April 4, 2024 City Council Work Session.]

General Business Agenda - Public Hearings

27. CONSOLIDATED ANNEXATION – WAKE OLIVE APARTMENTS

To conduct a public hearing to receive comments and consider the following motions:

Motion 1: To adopt an ordinance annexing 'Wake Olive Apartments' into the City of Durham and to authorize the City Manager to enter into a utility extension agreement with Redeeming Development Group, LLC; [FAILED by Vote: 5/2 Ayes: Mayor Williams and Mayor Pro Tempore Middleton. Noes: Council Members Baker, Caballero, Cook, Freeman and Rist]

Motion 2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Rural and Residential Suburban-20, Falls/Jordan District B, county jurisdiction and establishing the same as Planned Development Residential 17.928 Falls/Jordan District B, city jurisdiction; and[No vote taken]

Motion 3: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605. [No vote taken.]

28. ZONING MAP CHANGE – TRELLIS DURHAM RTP

To conduct a public hearing to receive comments and consider the following motions:

Motion 1: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Office and Institutional with a graphic development plan, Falls/Jordan District B, Major Transportation Corridor I-40, and establishing the same as Office and Institutional with a textual development plan, Falls/Jordan District B, Major Transportation Corridor I-40; and

Vote: 7/0

Motion 2: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.

Vote: 7/0

29. FY 2024-2025 DRAFT ANNUAL ACTION PLAN PUBLIC HEARING, ANNUAL ACTION PLAN ADOPTION, AND GRANT PROJECT ORDINANCES

To conduct a Public Hearing for the Draft FY 2024-2025 Annual Action Plan to receive comments related to community development needs in Durham;

To adopt the Draft FY 2024-2025 Annual Action Plan upon closure of the Public Hearing;

Vote: 7/0

To adopt the U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant Program (CDBG) FY 2024-2025 Grant Project Ordinance in the amount of $2,130,000 and Authorization to Execute Grant Agreement;

Vote: 7/0

To adopt the U.S. Department of Housing and Urban Development (HUD) HOME Investment Partnerships Program (HOME) FY 2024-2025 Grant Project Ordinance in the amount of $1,400,000 and Authorization to Execute Grant Agreement;

Vote: 7/0

To adopt the U.S. Department of Housing and Urban Development (HUD) Emergency Solutions Grant Program (ESG) FY 2024-2025 Grant Project Ordinance in the amount of $180,000 and Authorization to Execute Grant Agreement; and

Vote: 7/0

To adopt the U.S. Department of Housing and Urban Development (HUD) Housing Opportunities for Persons With AIDS Program (HOPWA) FY 2024-2025 Grant Project Ordinance in the amount of $1,060,000 and Authorization to Execute Grant Agreement.

Vote: 7/0

30. PUBLIC HEARING AND APPROVAL OF PROPOSED SUBSTANTIAL AMENDMENTS TO THE FY2017-2018, FY2018-2019, FY2019-2020, FY2020-2021, FY2021-2022, FY2022-2023 ANNUAL ACTION PLANS (AAPS)

To conduct a Public Hearing on April 15, 2024 to receive citizen comments on the Draft Proposed Substantial Amendments to the FY2017-2018, FY2018-2019, FY2019-2020, FY2020-2021, FY2021-2022, FY2022-2023 Annual Action Plans (AAPs) as it relates to Community Development Block Grant (CDBG) funds;

To approve the Draft Proposed Substantial Amendments to the FY2017-2018, FY2018-2019, FY2019-2020, FY2020-2021, FY2021-2022, FY2022-2023 Annual Action Plans (AAPs) for submission to the U.S. Department of Housing and Urban Development (HUD);

Vote: 7/0

To authorize the City Manager to execute all administrative requirements and contractual documents for the implementation of the amended FY2017-2018, FY2018-2019, FY2019-2020, FY2020-2021, FY2021-2022, FY2022-2023 Annual Action Plans (AAPs) to reallocate funding to accurately reflect how the City of Durham utilized its federal CDBG award allocations and CDBG Program Income for projects/activities that have been completed, currently in progress, and are planned using the applicable funding year allocations; and

Vote: 7/0

To add Granville County to the Durham Eligible Metropolitan Statistical Area (EMSA) for the FY2021-2022 HOPWA award for eligible persons to receive services and funding from the Housing Opportunities for Persons With AIDS (HOPWA) program.

Vote: 7/0

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=641&doctype=1#mediaAndItemView "Read more details about this section") 11:00 PM