Durham City Council Action Agenda
Present: Mayor Elaine O’Neal Mayor Pro-Tempore Mark-Anthony Middleton and Council Members: Javiera Caballero DeDreana Freeman Monique Holsey-Hyman Jillian Johnson Leonardo Williams Absent:None.
Consent Agenda
1. Durham Homeless Services Advisory Committee - Appointment
To reappoint Humphrey Truitt representing Corporate/Private Sector to the Durham Homeless Services Advisory Committee with the term to expire on June 30, 2026.
(Due to the term expiration of Humphrey Truitt)
Vote: 7/0
2. Durham Bicycle and Pedestrian Advisory Commission - Appointment
To appoint Hannah M. Preston to the Durham Bicycle & Pedestrian Advisory Commission representing Youth with the term to expire on August 31, 2024.
(Due to the resignation of James E. Barnes)
Vote: 7/0
3. Recreation Advisory Commission - Appointment
To appoint Karthik Sundaramoorthy to the Recreation Advisory Commission with the term expiring on August 8, 2026.
(Due to the term expiration of Karthik Sundaramoorthy)
Vote: 7/0
4. Housing Appeals Board - Mayoral Appointment
To appoint John R. Griffin to the Housing Appeals Board representing Mayor’s Appointee - At-Large Member with the term to expire on June 30, 2026.
(Due to the term expiration of Fredrick Davis)
Vote: 7/0
5. Durham Planning Commission - Appointment
To appoint Talib Graves-Manns to the Durham Planning Commission with the term to expire on June 30, 2026.
(Due to the term expiration of Carmen Williams)
Vote: 7/0
6. Durham Cultural Advisory Board - Appointments
To appoint Joseph F. Jordan and David R. Long to the Durham Cultural Advisory Board with the terms to expire on June 30, 2026.
(Due to the term expirations of Joseph F. Jordan and Angela Lee)
Vote: 7/0
7. Approval of City Council Minutes
To approve the City Council minutes for the following meetings: April 17, 2023 Regular Meeting, April 20, 2023 Work Session, May 1, 2023 Regular Meeting, and May 4, 2023 Work Session.
Vote: 7/0
8. Durham Convention Center Authority - Appointment
To reappoint Matthew Clobridge to the Durham Convention Center Authority with the term to expire on July 31, 2026.
(Due to the term expiration of Matthew Clobridge)
Vote: 7/0
9. Durham Homeless Services Advisory Committee - Appointment
To appoint Nicholas T. Pariante to the Durham Homeless Services Advisory Committee representing Non-Profit Organization with the term to expire on June 30, 2026.
(Due to the term expiration of Christopher Toenes)
Vote: 7/0
10. Human Relations Commission - Appointments
To appoint Anne Sutkowi-Hemstreet representing one (1) Caucasian/Non-Hispanic Person and Javier Alvarez-Jaimes representing one (1) Hispanic/Latino Person to the Human Relations Commission with the terms to expire June 30, 2026.
(Due to the term expirations of Javier Alvarez-Jaimes and Anne Sutkowi-Hemstreet)
Vote: 7/0
11. Housing Appeals Board - Appointments
To appoint Darren K. Chester representing an At-Large Alternate Member and Gwendolyn Barlow representing Regular Member - Homeownership to the Housing Appeals Board. The terms will expire on June 30, 2026.
(Due to the term expirations of Darren K. Chester and Chanel Chambers)
Vote: 7/0
12. Durham City-County Environmental Affairs Board - Appointments
To appoint Jonathan Chan and Sandra D. Howell to the Durham City-County Environmental Affairs Board representing an At-Large Resident with the terms to expire on June 30, 2024.
(Due to the resignations of Aissa Dearing-Benton and Katie Barnhill-Dilling)
Vote: 7/0
13. External Auditor Contract Modification
To authorize the City Manager to execute the contract modification of $39,000 for the audit of the City's Fiscal Year 2023 Annual Certified Financial Report, increasing the total three-year amount to Cherry Bekaert not to exceed $281,500.
Vote: 7/0
14. GoDurham Bus Safety Performance Audit May 2023
To receive the GoDurham Bus Safety Performance Audit approved at the May 22, 2023, Audit Services Oversight Committee meeting.
Vote: 7/0
16. Presentation and Ordinance to Establish Standards for Trespass from City Property
[A presentation was made at the June 8, 2023 City Council Work Session.]
To receive a presentation on the proposed ordinance establishing standards for trespass from City property; and
To adopt an ordinance amending Chapter 46 of the City Code to establish standards for trespass from City property.
Vote: 7/0
17. Discussion of Council Procedural Issues of Censure and Recusal
To discuss procedural issues of censure and recusal of Councilmembers.
Vote: 7/0
18. American Rescue Plan Act (ARPA) Project – For Youth, By Youth (FYBY)
To authorize the City Manager to execute an ARPA subrecipient grant agreement with Audacity Labs in an amount not to exceed $1,000,000.
Vote: 7/0
19. Carver Creek Supportive Housing Acquisition Interlocal Cooperation Agreement
To resolve that the City Manager be authorized to execute an Interlocal Cooperation Agreement (ILCA) with Durham County to provide the City of Durham with a matching grant of $3,025,000 for the acquisition of the Carver Street Apartments; and
To adopt a budget ordinance amending the City of Durham Budget Ordinance as amended, Fiscal Year 2022-23, the same being Ordinance #16150.
Vote: 7/0
20. American Rescue Plan Act (ARPA) – Agreement with Durham County to Support Joint Affordable Housing Projects
To resolve that the City Manager be authorized to accept $10 million in American Rescue Plan Act (ARPA) Funds to execute the Interlocal Agreement with Durham County to support joint affordable housing projects.
Vote: 7/0
21. Contract with Code Studio for the Comprehensive Rewrite of the Unified Development Ordinance
To authorize the City Manager to execute a contract with Code Studio in an amount of $418,075, with an additional amount of $50,000 of pass-through funds for community engagement stipends for a total contract amount not to exceed $468,075.
Vote: 7/0
22. American Rescue Plan Act (ARPA) Funds - LDG Multifamily Development, LLC - Loan Commitment Letter for Sankofa Landing
To authorize the City Manager to issue a conditional binding commitment of permanent financing in an amount up to $9,714,137 from American Rescue Plan Act funding under the State and Local Fiscal Recovery Funds to LDG Multifamily Development, LLC, as the managing member and lead developer, or its designated affiliate approved by the City, for the development of 156 affordable rental units at Sankofa Landing;
To authorize the City Manager to execute all necessary documents and instruments required to fulfill the purpose and intent of this conditional binding commitment of permanent financing; and
To authorize the City Manager with the authority to make necessary and appropriate changes to the conditional binding commitment of permanent financing, 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
23. Contract with Central Piedmont Community Action for the Provision of Tenant Based Rental Assistance Services
To authorize the expenditure of $453,000 of FY2022 Housing Opportunities for Persons with AIDS (HOPWA) funds;
To authorize the City Manager to execute a contract in the amount of $453,000 with Central Piedmont Community Action for the provision of Tenant Based Rental Assistance services July 1, 2023- June 30, 2024;
To authorize the City Manager to amend the contract, if necessary, by encumbering any unspent HOPWA funds from contract number 18803 with the Durham Housing Authority as long as the total contract value does not exceed $453,000; and
To authorize the City Manager to reduce the amount of FY2022 HOPWA funds in this contract, if necessary, by the same amount of money that was unspent in the DHA contract number 18803 to ensure the contract value is equal to $453,000.
Vote: 7/0
24. The Housing Authority of the City of Durham- Relocation Grant for the Durham Housing Authority (DHA) Downtown Neighborhood Plan (DDNP)
To authorize the City Manager to execute a two-year contract with the Housing Authority of the City of Durham in an amount not to exceed $700,000 utilizing Dedicated Housing Funds to provide counseling and relocation services.
Note:Item 24 was referred back to the Community Development Department.
25. American Rescue Plan Act (ARPA) Funds - Mosaic Development Group, Inc., Loan Commitment – 902 Briggs Avenue Project
To authorize the City Manager to issue a conditional binding commitment of permanent financing in an amount up to $5,987,880 from American Rescue Plan Act funding under the State and Local Fiscal Recovery Funds to Mosaic Development Group, Inc., as the managing member and lead developer, or its designated affiliate approved by the City, for the development of 124 affordable rental units at 902 S. Briggs Avenue for the Briggs Ave project;
To authorize the City Manager to execute all necessary documents and instruments required to fulfill the purpose and intent of this conditional binding commitment of permanent financing; and
To authorize the City Manager to make necessary and appropriate changes to the conditional binding commitment of permanent financing, 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
26. Contract with Corporate F.A.C.T.S., Inc. for Technical Assistance on an Affordable Housing Project
To authorize the City Manager to execute a contract with Corporate F.A.C.T.S., Inc. in an amount not to exceed $122,496 to provide technical assistance on an affordable housing project;
To authorize the City Manager to execute any and all documents and instruments, necessary, reasonable and appropriate to carry out the purpose and intent of this contract; and
To authorize the City Manager to make necessary and sundry changes to the contract so long as the changes do not increase the financial obligations of the City, and the changes taken as a whole, are not less favorable to the City.
Vote: 7/0
27. Amendment to Extend Term of Agreement with Durham County EMS for EMTs on HEART Teams
To resolve the City Manager to amend the Durham City-County Interlocal Agreement for EMTs on Community Safety Department’s Crisis Response Teams to extend term an additional six months.
Vote: 7/0
28. Agreement with Strategic Energy Innovations for Climate Corps Fellowship
To authorize the City Manager to execute the Climate Corps Agreement with Strategic Energy Innovations, a California Non-profit Corporation, for a Climate Corps Fellow to provide utility data analysis and management to guide data-driven energy efficiency improvements in City operations in an amount not to exceed $64,025.
Vote: 7/0
29. Former Wheels Skating Center Up-Fit Design Contract Amendment with DTW Architects & Planners, Ltd.
To establish an increase in the contingency fund for the Owner-Architect agreement with DTW Architects & Planners, Ltd. by the amount of $21,200, for a total, revised contingency of $50,500; and
To authorize the City Manager to execute amendments to the Owner-Architect agreement provided the total cost of the contract does not exceed $343,500.
Vote: 7/0
30. Interlocal Agreement with Durham Convention & Visitor’s Bureau (d/b/a Discover Durham) to add the Durham Convention Center Study to the Destination Master Plan
To resolve that the City Manager be authorized to execute an Interlocal Agreement with Durham Convention & Visitors Bureau to add the Durham Convention Center Study to the Destination Master Plan in the amount of $88,000.
Vote: 7/0
31. Second Amendment to Lease with Duke University and Duke University Health System, Inc. for the Emergency Communications 911 Backup Center
To authorize the City Manager to execute the Second Amendment to extend the Lease with Duke University and Duke University Health System, Inc. for the Emergency Communications 911 Backup Center use for an additional 27-month term; and
To authorize the City Manager to execute subsequent documents permitted by or required by either the lease or lease-related documents.
Vote: 7/0
32. Contract for Durham Workforce Development Board (DWDB), Workforce Innovation and Opportunity Act (WIOA) Youth Program Eckerd Youth Alternatives, Inc.
To authorize the City Manager to execute a contract in the amount of $200,000 with Eckerd Youth Alternatives, Inc. to fully implement the WIOA Youth Program for the DWDB; and
To adopt the City of Durham Employment Training PY 2023-2025 Grant Project Ordinance in the amount of $1,292,325.
Vote: 7/0
33. Fiscal Year 2023-24 Agreement to Fund Economic Development Programs and Services Operated by Downtown Durham, Inc. Using City of Durham Funds
To authorize the City Manager to execute the Fiscal Year 2023-24 contract with Downtown Durham, Inc. to operate economic development programs and services in an amount not to exceed $170,048. .[Approved by Vote:6/0/1]Ayes: Mayor O’Neal and Council Members Caballero, Freeman, Holsey-Hyman, Johnson and Williams.Noes: None.Recusal:Mayor Pro Tempore Middleton.
34. Contract Amendment No. #2 for FY2023-24 City Services and Programs for the Downtown Durham Municipal Service District with Downtown Durham, Inc.
To authorize the City Manager to execute a contract amendment with Downtown Durham, Inc. (DDI) to provide services and programs within the Downtown Durham Municipal Service District in the amount of $1,500,000 for total contract amount not to exceed $4,378,500 for 2023-24 subject to City Council budget authorization. [Approved by Vote:6/0/1]Ayes: Mayor O’Neal and Council Members Caballero, Freeman, Holsey-Hyman, Johnson and Williams.Noes: None.Recusal:Mayor Pro Tempore Middleton.
35. Contract with Axon Enterprise, Inc. for Replacement Tasers
To authorize the City Manager to execute a 5-year contract in the amount of $717,600 with Axon Enterprises, Inc. for the Taser Energy Weapon purchase agreement.
Vote: 7/0
36. Supplemental Agreement for On-Call Professional Services for Durham Freeway Study
To authorize the City Manager to execute Supplemental Agreement #2 with WSP USA Inc. for the Durham Freeway Study in the amount of $431,845.
Vote: 7/0
37. Award of Bid-Term Purchase Contract for Bulk Sodium Hypochlorite to Oltrin Solutions, LLC
To recognize that it is in the best interest of the City that the bidding requirements for the purchase of sodium hypochlorite from Oltrin Solutions LLC be waived for a contract negotiated on the same or more favorable terms as those of the competitively bid contract executed by the City of Raleigh on February 24, 2023 pursuant to N.C. Gen. Stat. - 143-129(g);
To authorize the City Manager to authorize a purchase contract with Oltrin Solutions LLC for the purchase of sodium hypochlorite in the amount of $913,536 per year, with the option to renew for four optional years at a 5% increase per year, for a total not to exceed an amount of $5,047,863; and
To authorize the City Manager or a designee to execute and issue purchase orders pursuant to the purchase contract.
Vote: 7/0
38. Resolution to Accept the Offer of American Rescue Plan Funding for the Western Intake Partnership Projects
To adopt the resolution to accept American Rescue Plan Act funding from the North Carolina Department of Environmental Quality for the Western Intake Partnership projects.
Vote: 7/0
41. Resolution to Honor the Late Conen T. Morgan – Lifelong STEM Advocate
To adopt the Resolution honoring the late Conen T. Morgan - Lifelong STEM Advocate.
Vote: 7/0
42. Partners for Reentry Opportunities in Workforce Development (PROWD) Grant Contract Agreement – Eckerd Youth Alternatives, Inc.
To ratify the services provided by Eckerd Youth Alternatives, Inc. as a Sub-Recipient beginning May 1, 2023; and
To authorize the City Manager to execute a sub recipient agreement with Eckerd Youth Alternatives, Inc. to fully implement the Partners for Reentry Opportunities in Workforce Development Program on behalf of the Durham Workforce Development Board in an amount not to exceed $1,020,690.
Vote: 7/0
43. Contract Amendment #3 for FY2023-24 Training to Work Re-Entry with Eckerd Youth Alternatives, Inc.
To authorize the City Manager to execute a contract amendment with Eckerd Youth Alternatives, Inc. to fully implement the Durham Training to Work Program in the amount of $100,000 for total contract amount not to exceed $1,640,000 for FY 2023-24.
Vote: 7/0
The following item was disposed during the June 8, 2023 City Council Work Session: - Agenda Item #39 – Durham Sports Commission Multi-Sport Complex Presentation \[A presentation was made at the June 8, 2023 City Council Work Session.\]
General Business Agenda
15. Fiscal Year 2023-24 Budget and 2024-29 Capital Improvement Plan (CIP) Ordinance, Other Related Ordinances and FY 2024-26 Strategic Plan
To adopt the Fiscal Year 2023-24 Budget and 2024-29 Capital Improvement Plan (CIP) Ordinance and Other Related Ordinances.
Note: One vote taken on Item 15.Ayes: Mayor Pro Tempore Middleton and Council Members Caballero, Johnson and Williams.Noes:Mayor O’Neal and Council Members Freeman and Holsey-Hyman.Absent: None.
Fiscal Year 2023-24 City of Durham Budget matters:
A. To adopt the City of Durham Budget Ordinance for Fiscal Year 2023-24;
B. To authorize the City Manager to amend the City of Durham’s Compensation Plan, adjusting the current Open Range Plan by 2%, the Step Plan by 2%, the Fire Plan by 2%, the Police Plan by 2% and the Part-time Plan by 2%;
C. To adopt the resolution establishing Financial Plans for Internal Service Funds for Fiscal Year 2023-24;
D. Capital Project Ordinances
1. To adopt the City of Durham General Capital Improvements Project Ordinance Fiscal Year 2023-24;
2. To adopt the City of Durham Water and Wastewater Capital Improvement Project Ordinance Fiscal Year 2023-24;
3. To adopt the City of Durham Stormwater Capital Improvement Project Ordinance Fiscal Year 2023-24;
4. To adopt the City of Durham Solid Waste Capital Improvement Project Ordinance Fiscal Year 2023-24;
5. To adopt the City of Durham Parking Capital Improvement Project Ordinance Fiscal Year 2023-24;
6. To adopt the City of Durham Transit Fund Capital Improvement Project Ordinance Fiscal Year 2023-24;
7. To adopt the City of Durham Durham Performing Arts Center Capital Improvement Project Ordinance Fiscal Year 2023-24; and
8. To adopt the City of Durham Ball Park Capital Improvement Project Ordinance Fiscal Year 2023-24.
E. Fees
1. To adopt an ordinance revising Solid Waste Management Fees.
2. To adopt an ordinance revising City-County Planning Fees.
F. Grant Project Ordinance
1. To adopt the City of Durham and North Carolina Parks and Recreation Trust Fund C.R. Wood Park Accessibility for Parks Grant Budget Ordinance and;
2. To adopt the City of Durham and Durham County Coronavirus State Local Fiscal Recovery Fund My Durham + Grant Budget Ordinance and;
3. To adopt the Federal Highway Administration Funding from the NC Department of Transportation for the Purpose of Constructing Buffered Bike Lanes (BL-0028) Grant Project Ordinance and Authorize the Execution of the Grant Agreement and;
4. To adopt the Federal Highway Administration Funding from the NC Department of Transportation for the Purpose of Constructing Neighborhood Bike Lanes (BL-0031) Grant Project Ordinance and Authorize the Execution of the Grant Agreement and;
5. To adopt the Federal Highway Administration Funding from the NC Department of Transportation for the Purpose of Constructing Horton Road Multi-Use Path and Sidewalk (BL-0063) Grant Project Ordinance and Authorize the Execution of the Grant Agreement and;
6. To adopt FY 2023-24 5307 Capital Grant Project Ordinance and Authorization to Execute Grant Agreement and;
7. To adopt FY 2023-24 FTA 5339 Bus and Bus Infrastructure Grant Project Ordinance and Authorization to Execute Grant Agreement and;
8. To adopt FY 2023-24 Appropriations Omnibus Bill for Battery Electric Buses Grant Project Ordinance and Authorization to Execute Grant Agreement and;
9. To adopt FY 2023-24 Triangle J. Council of Governments Transportation Demand Management Grant Project Ordinance and Authorization to Execute Grant Agreement and;
10. To adopt the FY2023-24 Appropriations Omnibus Bill for R Kelly Bryant Bridge Trail Grant Project Ordinance and Authorization to Execute Grant Agreement and;
11. To adopt the FY2023-24 U.S. Department of Transportation Safe Streets for All Grant Project Ordinance and Authorization to Execute Grant Agreement and;
12. To adopt the 2023-24 City of Durham and State Apprentice Program Grant Project Ordinance and Authorization to Execute Grant Agreement and;
13. To adopt the Executive Office of the President, Office of National Drug Control Police, 2023 High Intensity Drug Trafficking Areas (HIDTA) Grant Project Ordinance and;
14. To adopt the 2024 Police Athletics Leagues (PAL) Mentoring Initiative Grant Project Ordinance and;
15. To adopt the 2023 Federal Task Team Initiatives Grant Project Ordinance and;
16. To adopt The State of North Carolina, Department of Justice, Department of Revenue, FY 2023/2024 Controlled Substance Abuse Funds Grant Project Ordinance and;
17. To adopt The U.S. Department of Justice, U.S. Marshall's Office, FY 2023/2024 Federal Asset Forfeiture Funds Grant Project Ordinance and;
18. To adopt the United States Marshall's Service, 2024 Fugitive Apprehension Task Force Agreement Project Ordinance and;
19. To adopt the 2024 Duke Doing Good Grant Project Ordinance and;
20. To adopt The U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, 2023 Local Solicitation Edward Byrne Memorial Justice Assistance Grant (JAG) Project Ordinance and;
21. To adopt the FY2023-24 City of Durham and North Carolina Department of Environmental Quality Food Waste Reduction Grant Project Ordinance and Authorization to Execute Grant Agreement and;
22. To adopt the U.S. Department of Labor Grant Project Ordinance for Federal Grant to Execute City of Durham - Workforce Innovation and Opportunity Act (WIOA) First Step Initiative (PROWD) Grant Project Ordinance Superseding Grant Project Ordinance #16113 and;
23. To adopt the revised American Rescue Plan Act (ARPA) of 2021 Grant Project Ordinance Superseding Grant Projecting Ordinance #15867.
G. To adopt the FY 2024-26 Strategic Plan.
Vote: 7/0
General Business Agenda - Public Hearings
40. Zoning Map Change - R.P. Residential Studio Apartments
To conduct a public hearing to receive comments and consider the following motion(s):
Motion #1: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Office and Institutional with a development plan (OI(D)) and establishing the same as Residential Suburban - Multifamily with a development plan (RS-M(D)); and
Motion #2: To adopt a Consistency Statement as required by NCGS 160D-605.
Vote: 7/0
Supplemental Items
44. Consolidated Zoning Map Change - Streets at Southpoint Mall II
To conduct a public hearing to receive comments and consider the following motion(s):
Motion #1: To authorize the City Manager to execute a utility extension agreement with Southpoint Mall, LLC;Ayes: Mayor Pro Tempore Middleton and Council Members Freeman, Holsey-Hyman, Johnson and Williams. Noes: Mayor O’Neal and Council Member Caballero. Absent: None.
Vote: 5/2
Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Commercial Center with a Development Plan (CC(D)), Residential Rural (RR), Major Transportation Corridor Overlay (MTC), Falls/Jordan District-B Overlay (F/J-B) and establishing the same as Commercial Center with a Development Plan (CC(D)), Major Transportation Corridor Overlay (MTC), Falls/Jordan District-B Overlay (F/J-B); and Ayes: Mayor Pro Tempore Middleton and Council Members Freeman, Holsey-Hyman, Johnson and Williams. Noes: Mayor O’Neal and Council Member Caballero. Absent: None.
Vote: 5/2
Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.
Vote: 7/0
45. Approval of City Council Minutes
To approve the City Council minutes for the following meetings:
May 15, 2023 Regular Council Meeting and May 18, 2023 Work Session.
Vote: 7/0
Other Matters
Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=587&doctype=1#mediaAndItemView "Read more details about this section") – 12:18 a.m.