City Council · Regular Meeting · April 4, 2024

City Council Work Session Agenda

Please note:Agenda items are current at time of posting.Items may be changed, updated or added after initial posting. To access Agenda-related documents, please click on the underlined Agenda Item title. Click here https://us06web.zoom.us/webinar/register/WN\_8mmPh4u2R3W8vKXw6PMqZA to register to speak during the Work Session.Your registration should be submitted by 10:00 a.m. on the day of the Work Session and your access will be audio only.Please note that Public Hearings are not eligible for comment during a Work Session, and the chat and Q&A functions will not be available in the virtual meeting. Registration is not required to watch the Work Session.Click here for ways to watch. Registration is not required to provide written comments to City Council.Written comments can be submitted here by 10:00 a.m. on the day of the Work Session. Call to Order

Roll Call

Announcements by Council

Priority Items by the City Manager, City Attorney and City Clerk

Administrative Consent Items

City Clerk's Office

1. DURHAM BICYCLE & PEDESTRIAN ADVISORY COMMISSION - APPOINTMENT

To appoint a resident to fill one (1) vacancy on 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)

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.

Departmental Items

Audit Services Department

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.

Budget and Management Services Department

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.

Community Development Department

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.

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).

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.

Finance Department

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.

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.

General Services Department

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.

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.

Human Resources Department

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.

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.

Neighborhood Improvement Services Department

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.

Parks and Recreation Department

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.

Police Department

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.

Public Works Department

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.

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.

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.

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.

Technology Solutions Department

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.

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.

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.

Transportation Department

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.

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.

Presentations

Transportation Department

26. [DURHAM-CHAPEL HILL-CARRBORO METROPOLITAN PLANNING ORGANIZATION FY2022-2023 ANNUAL REPORT [20 MINUTES]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=640&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the Durham-Chapel Hill-Carrboro Metropolitan Planning Organization FY 2022-2023 Annual Report.

Public Hearings

City-County Planning Department

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;

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

Motion 3: To adopt a Consistency Statement as required by N.C.G.S. Sec. 160D-605.

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

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

Community Development Department

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;

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;

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;

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

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.

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);

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

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.

Supplemental Items

City Council

31. RESOLUTION IN SUPPORT OF IMMIGRANT COMMUNITIES IN DURHAM

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

City Manager

32. 2024 SHORT SESSION LEGISLATIVE AGENDA

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

Settling the Agenda

Other Matters

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=640&doctype=1#mediaAndItemView "Read more details about this section") Rules of Decorum for Citizen Participation In support of and respect for an open, fair and informed decision-making process, the City Council and the Administration recognize that: - civil, respectful and courteous discourse and behavior are conducive to the democratic and harmonious airing of concerns and decision making; and - un-civil discourse and/or discourteous and inappropriate behavior have a negative impact on the character and productivity of the decision-making process. In an effort to preserve the intent of open government and maintain a positive environment for citizen input and Council decision-making, the following Rules of Decorum have been established. Compliance with these rules is expected and appreciated. 1. All citizens may participate in the public process. 2. Speakers will conduct themselves in a civil and respectful manner at all times. - Name-calling, shouting, yelling, screaming, profanity and/or obscenity is forbidden. - Refrain from the use of obscene language, “fighting words” likely to incite violence from the individual(s) to whom the words are addressed, or other language which is disruptive to the orderly and fair progress of discussion at the meeting. - Speakers will refrain from making comments of a personal nature regarding others. 3. The Mayor serves as the presiding officer of the Council; the Mayor Pro Tem serves in the Mayor's absence. - Speakers will state their name and address. - Speakers will address the presiding officer. - Questions to Council members or City staff will be facilitated by the presiding officer. - Speakers will refrain from the use of individual City staff names. It is appropriate to refer to staff by title and/or department. 4. Citizens must sign up to address Council using procedures outlined for Council meetings and Council Work Sessions. 5. Citizens may speak only to the matter for which they signed up and, in the case of public hearings, those matters which have been advertised and placed on the Council meeting agenda. 6. Citizens are encouraged to prepare remarks in advance for submission to the public record. Prepared remarks should be submitted to the Clerk prior to the start of the meeting or at the end of their comments. Additional material may be submitted to supplement remarks. 7. In an effort to accommodate all who wish to address Council at a Council meeting while preserving a reasonable and efficient meeting schedule, each speaker will have a specified amount of time to deliver comments. Comments will be timed by the City Clerk or designee; signals will be provided at the one-minute and 30-second measures. Speakers are expected to cease comments immediately upon end-time. - Council Work Sessions: Citizens who sign up in advance will be allowed to speak for up to 3 minutes. - City Council Meetings: Citizens who sign up in advance will be allowed to speak for up to 3 minutes. 8. Audience members shall: - Refrain from private conversations during the meeting - Come and go from the meeting space in the least disruptive manner possible. 9. No campaign placards, banners, or signs will be permitted in the City Council Chambers or Committee Room. Other signage is permitted except signs which violate the Rules of Decorum or that block the view of other attendees. 10. Exhibits, displays, and visual aids used in connection with presentations to the City Council are permitted. Video and/or PowerPoint presentations requested by citizens as visual aids must be submitted in advance via the Request to Speak form. Flash drives or any other hardware will not be inserted or connected to the City’s equipment or network.