City Council · Regular Meeting · June 5, 2023

Durham City Council Action Agenda

Present: Mayor Elaine O’Neal Mayor Pro-Tempore Mark-Anthony Middleton and Council Members: Javiera Caballero DeDreana Freeman Jillian Johnson Monique Holsey-Hyman Leonardo Williams Absent:None.

Consent Agenda

1. Citizens Advisory Committee - Appointments

To appoint Alisha J. Curry and Moira Girard to the Citizens Advisory Committee with the terms to expire on June 30, 2026.

Vote: 7/0

(Due to the term expirations of Rachel A. Eberhard and Carl Newman)

2. Workforce Development Board - Appointment

To appoint Julie A. Pack to the Workforce Development Board representing Durham Public Schools with the term expiring on June 30, 2027.

Vote: 7/0

(Due to the term expiration of Julie Pack)

3. Durham Open Space and Trails Commission - Appointments

To appoint Shakira R. Campbell, Stephen A. Cohn, and Melissa Southern representing At-Large to the Durham Open Space & Trails Commission with the terms to expire on June 30, 2026.

Vote: 7/0

(Due to the term expirations of Mohammad Q. Badsha, Shakira Campbell, and Melissa Southern)

4. Durham City-County Environmental Affairs Board - Appointment

To appoint Juilee N. Malavade to Durham City-County Environmental Affairs Board representing an At-Large Resident with the term to expire on June 30, 2026.

Vote: 7/0

(Due to the term expirations of JuileeMalavade)

5. Human Relations Commission - Appointment

To appoint John J. Hoffman to the Human Relations Commission representing one (1) Caucasian/Non-Hispanic Person with the term to expire June 30, 2025.

Vote: 7/0

(Due to the resignation of Thomas Cadwallader)

6. Durham Sports Commission - Appointment

To appoint Angelique Stallings to the Durham Sports Commission with the term to expire on June 30, 2026.

Vote: 7/0

(Due to the term expiration of Susan Scott)

7. Durham Cultural Advisory Board - Appointment

To reappoint Margaret E. McNab to the Durham Cultural Advisory Board with the term to expire on June 30, 2026.

Vote: 7/0

(Due to the term expiration of Margaret E. McNab)

8. April 2023 Bid Report

To receive a report on the bids that were acted upon by the City Manager in April 2023.

Vote: 7/0

9. Disciplinary Actions Process Performance Audit April 2023

To receive the Disciplinary Actions Process Performance Audit approved at the April 24, 2023 Audit Services Oversight Committee meeting.

Vote: 7/0

10. Amendment to the FY 2022-23 Budget

To adopt a Budget Ordinance amending the City of Durham Budget Ordinance as amended, FY 2022-23, the same being Ordinance #16903.

Vote: 7/0

11. Charter Amendment Renaming Triangle J Council of Governments to Central Pines Regional Council

To adopt a resolution ratifying, accepting and approving the amended charter resolution of Central Pines Regional Council (formerly Triangle J Council of Governments).

Vote: 7/0

12. Amerinational Community Services, LLC d/b/a AmeriNat (AmeriNat) for Affordable Housing Loan Portfolio Servicing Contract

To approve the selection of AmeriNational Community Services, LLC d/b/a AmeriNat (AmeriNat) as the Contractor to provide loan portfolio servicing of the Affordable Housing Loan Portfolio managed by the City of Durham, Community Development Department; and

To authorize the City Manager to execute a contract with AmeriNational Community Services, LLC d/b/a AmeriNat (AmeriNat) in the amount not to exceed $373,655 for the entire term of the contract including two (2) twelve (12) month options to renew the Affordable Housing Loan Portfolio Servicing Contract managed by the City of Durham, Community Development Department.

Vote: 7/0

13. Second Amendment to the Contract with Housing for New Hope to Serve as the Unsheltered Coordinating Agency

To authorize the City Manager to execute the Second Amendment to the Contract with Housing for New Hope to Serve as the Unsheltered Coordinating Agency;

To extend the contract for one year, through March 31, 2024; and

To add $430,000 to the contract to increase the value from $1,075,000 to $1,505,000.

Vote: 7/0

14. Annual Insurance Plan FY24

To authorize the City Manager or her designee to maintain the general insurance plan and modify it as needed, provided the modifications are consistent with the City’s overall risk management and financial objectives;

To authorize the City Manager or her designee to purchase additional insurance throughout the year, as needed, for endorsements, lease/contract requirements, new programs, and builder’s risk insurance; and

To authorize the City Manager or her designee to expend an amount for all insurance premiums not to exceed $3,100,000 to maintain the annual insurance plan and make additional insurance purchases as needed beginning July 1, 2023.

Vote: 7/0

15. Construction Contract with D.W. Ward Construction Company, Inc. for the Morgan Rigsbee Parking Garage Suite 103 Tenant Upfit

To authorize the City Manager to execute a contract with D.W. Ward Construction Company, Inc. for the Morgan Rigsbee Parking Garage Suite 103 Tenant Upfit in the amount of $345,000;

To establish a contingency fund for the contract in the amount of $69,000; and

To authorize the City Manager to negotiate and execute change orders to the contract, provided the total contract cost does not exceed $414,000.

Vote: 7/0

16. North Carolina Department of Environmental Quality Volkswagen Settlement Fast Charger Replacement Grant Project Ordinance and Financial Assistance Agreement

To adopt the Volkswagen Settlement City of Durham Fast Charger Replacement Grant Project Ordinance; and

To authorize the City Manager to execute the financial assistance agreement with the North Carolina Department of Environmental Quality and other documents required or appropriate in order for the City to receive the grant and to undertake the project.

Vote: 7/0

17. Fellowship Placement Agreement between the City of Durham and FUSE Corps for Designing Equitable Strategies for Vehicle Electrification

To authorize the City Manager to execute the proposed Second Amendment to the Fellowship Placement Agreement Between the City of Durham and FUSE Corps, a California Non-profit Corporation, which incorporates into the main agreement details of the proposed vehicle electrification project; and

To authorize the City Manager to execute the proposed FUSE Corps Individual Placement Agreement in an amount not to exceed $80,000 for an Executive Fellow to help design equitable strategies for vehicle electrification.

Vote: 7/0

18. Construction Contract with Eagle Solar & Light, LLC for Design and Installation of Photovoltaic Electrical Generation Systems at Water Management Mist Lake Facility

To authorize the City Manager to execute a construction contract with Eagle Solar & Light, LLC for design and installation of Photovoltaic Electrical Generation Systems at the Water Management Department Mist Lake Facility, in the amount of $827,389;

To establish a contingency fund for the contract in the amount of $80,000; and

To authorize the City Manager to negotiate and execute change orders to the construction contract, provided that the total project cost does not exceed $907,389.

Note:This item was referred back to the Administration. No vote was taken.

19. Change Order #1 to the Construction Contract with Bar Construction Company, Inc. for the Athletic Court Renovations – Piney Wood Park Pickleball Project

To authorize the City Manager to execute change order #1 to the construction contract for the Athletic Court Renovations - Piney Wood Park Pickleball Project with Bar Construction Company, Inc. in the amount of $269,383, for a total contract cost not to exceed $747,023.

Vote: 7/0

20. Request for Qualifications for Redevelopment of 505 W. Chapel Hill Street

To authorize the City Manager to issue the Request for Qualifications to solicit interest from qualified development partners; and

To authorize the City Manager to make modifications to the Request for Qualifications if necessary to receive responses more aligned with the City's six redevelopment goals.

Vote: 7/0

21. Contract Agreement with M-Cubed & Co. Global LLC to Provide Economic Development Consulting Services to Create a Business Registry & Legacy Program

To authorize the City Manager to execute a contract agreement with M-Cubed & Co. Global LLC in an amount not to exceed $148,000 to provide economic development consulting services to create a Business Registry & Legacy Program.

Vote: 7/0

22. 2023 First Quarter Crime Report

[[A presentation was made at the May 18, 2023 City Council Work Session.]](https://cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=585&doctype=1#mediaAndItemView "Read more details about this item")

To receive a presentation on the 2023 First Quarter Crime Report; and

To receive the 2023 First Quarter Crime Report.

Vote: 7/0

23. Duke Blanket Stormwater Control Measure Easement Agreement

To approve the Blanket Stormwater Control Measure Access and Maintenance Easement Agreement between Duke University and the City of Durham;

To authorize the City Manager to execute the Blanket Stormwater Control Measure Access and Maintenance Easement Agreement between Duke University and the City of Durham; and

To authorize the City Manager to review and approve additional parcels proposed for inclusion or exclusion in the Blanket Stormwater Control Measure Access and Maintenance Easement Agreement.

Vote: 7/0

24. Construction Contract with Prism Contractors, Inc. for Trenchless Pipe Repairs (SD-2023-03) and Stormwater Capital Improvement Project Ordinance Amendment

To authorize the City Manager to execute Contract SD-2023-03, Trenchless Pipe Repairs, with Prism Contractors, Inc. in the amount of $480,100;

To establish a contingency fund in the amount of $72,014;

To authorize the City Manager to negotiate change orders for Contract SD-2023-03 provided that the total contract cost does not exceed $552,114; and

To adopt an ordinance amending the Stormwater Capital Improvements Plan Project Ordinance, Fiscal Year 2022-23, as amended, the same being Ordinance #16083, for the purpose of reallocating Stormwater Capital Improvement Plan funding for the Department of Public Works Contract SD-2023-03, Trenchless Pipe Repairs project.

Vote: 7/0

25. Contract with WM Recycle America, L.L.C. for Recycling Processing and Marketing of Recyclable Materials

To authorize the City Manager to execute the Contract Between the City of Durham and WM Recycle America, L.L.C. for Processing and Marketing Recyclable Materials for an amount not to exceed $4,500,000.

Vote: 7/0

26. First Amendment to the Contract with Lexair Electronics Sales Corporation for Completion of Last Mile Fiber Construction

To authorize the City Manager to execute the First Amendment to the Contract between the City of Durham and Lexair Electronics Sales Corporation for Completion of Last Mile Fiber Construction at an additional City facility for an amount not to exceed $94,279.30;

To establish a contingency fund in the amount of $14,141.90; and

To authorize the City Manager to negotiate and execute change orders and additional amendments to the contract, provided that the total cost of the contract together with all amendments and change orders does not exceed $108,421.20.

Vote: 7/0

27. First Amendment to the Contract with G & S Communications and Technical Services, Inc. for Completion of Last Mile Fiber Construction

To authorize the City Manager to execute the First Amendment to the Contract between the City of Durham and G & S Communications and Technical Services, Inc. for Completion of Last Mile Fiber Construction at three additional City facilities for an amount not to exceed $157,615;

To establish a contingency fund in the amount of $23,645; and

To authorize the City Manager to negotiate and execute change orders and additional amendments to the contract, provided that the total cost of the contract together with all amendments and change orders does not exceed $181,260.

Vote: 7/0

(PR# 16219)

28. Comprehensive Participation Agreement for the Implementation of the Durham County Transit Plan

To resolve that the City Manager be authorized to execute the Comprehensive Participation Agreement for the Implementation of the Durham County Transit Plan.

Vote: 7/0

29. Memorandum of Agreement for the Western Intake Partnership – Amendment #2

To authorize the City Manager to execute Amendment #2 to the Memorandum of Agreement for the Western Intake Partnership.

Vote: 7/0

30. Change Order No. 2 with T.A. Loving Company for Construction of the South Durham Water Reclamation Facility Process Improvements Phase 2 Project

To authorize the City Manager to execute Change Order No 2. with T.A. Loving Company for construction of the South Durham Water Reclamation Facility Process Improvements Phase 2 project in the amount of $1,014,335.03; and

To authorize the City Manager to negotiate and execute modifications to the contract provided the total cost of the contract together with all modifications does not exceed $18,304,344.03, including contingency funds.

Vote: 7/0

31. Award of Professional Engineering Services Contract with Brown and Caldwell, Inc. for the Forest Hills Park Sewer Improvements Project

To authorize the City Manager to execute a contract with Brown and Caldwell, Inc. for professional engineering services for the Forest Hills Park Sewer Improvements project in the amount of $926,768;

To establish a contingency fund for the contract in the amount of $92,676.80; and

To authorize the City Manager to negotiate and execute change orders for the contract provided that the total project cost does not exceed $1,019,444.80.

Vote: 7/0

32. Change Order No. 2 - Brady Integrated Security, Inc. for the Site and Building Security System at the Department of Water Management Facility Complex Phase II

To authorize the City Manager to execute a contract change order with Brady Integrated Security, Inc. for the purchase and installation of electronic access control and security equipment for the Department of Water Management Facility Complex Phase II utilizing an existing competitive bidding group purchasing program contract as authorized by the G.S. - 143-129 (e)(3) in the amount of $238,375.59, for a total contract amount of $864,491.62;

To provide additional contingency funds for the contract in the amount of $26,382.97; and

To authorize the City Manager to negotiate and execute change orders for the contract provided the cost of all change orders together with the original contract amount does not exceed $890,874.59.

Vote: 7/0

The following items were disposed during the May 18, 2023 City Council Work Session: - Agenda Item #33 – Carver Creek Supportive Housing Acquisition \[A presentation was made at the May 18, 2023 City Council Work Session.\] - Agenda Item #34 – FY 2022-23 Third Quarter Financial Report \[A presentation was made at the May 18, 2023 City Council Work Session.\] - Agenda Item #35 – Downtown Durham Municipal Service District Annual Report \[A presentation was made at the May 18, 2023 City Council Work Session.\]

General Business Agenda - Public Hearings

36. Public Hearing for the City Manager's Proposed Fiscal Year 2023-2024 Budget and Fiscal Year 2024-2029 Capital Improvement Plan (CIP)

To conduct a public hearing to receive comments regarding the City Manager's proposed Fiscal Year 2023-2024 Budget and Fiscal Year 2024-2029 Capital Improvement Plan.

Note: Public Hearing only. No vote was taken.

37. Consolidated Annexation – 418 Clayton Road

To conduct a public hearing to receive comments and consider the following motion(s):

Motion #1: To adopt an ordinance annexing '418 Clayton Road' into the City of Durham effective June 30, 2023; and to authorize the City Manager to enter into a utility extension agreement with Property Resolution Services, LLC;

Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of the Residential Suburban-10 (RS-10), Falls/Jordan District B (F/J-B), County Jurisdiction and establishing the same as Residential Suburban-10 (RS-10), Falls/Jordan District B (F/J-B), City Jurisdiction; and

Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.

Vote: 7/0

38. Consolidated Annexation - L Parcel

To conduct a public hearing to receive comments and consider the following motion(s):

Motion #1: To adopt an ordinance annexing 'L Parcel' into the City of Durham effective June 30, 2023; and to authorize the City Manager to enter into a utility extension agreement with The CSC Group, L.L.C; and [Approve by Vote:4/3]Ayes: Mayor Pro Tempore Middleton and Council Members Caballero, Johnson and Williams.Noes: Mayor O’Neal and Council Members Freeman and Holsey-Hyman.

Motion #2: To adopt an ordinance amending the Unified Development Ordinance by taking property out of Residential Rural (RR), Industrial (I), Falls/Jordan Lake Watershed Protection District - B (F/J-B) and establishing the same as Planned Development Residential 3.950 (PDR 3.950), Falls/Jordan Lake Watershed Protection District - B (F/J-B); and[Approve by Vote:4/3]Ayes: Mayor Pro Tempore Middleton and Council Members Caballero, Johnson and Williams.Noes: Mayor O’Neal and Council Members Freeman and Holsey-Hyman.

Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.

Vote: 7/0

39. 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 Phase A Development LLC;

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

Motion #3: To adopt a Consistency Statement as required by NCGS 160D-605.

Note: The public hearing was opened; the item was continued to the June 20, 2023 Council Meeting. No vote was taken.

40. Public Hearing and Economic Development Incentive Agreement with Eagle Landing Partners LLC

To authorize a public hearing on the economic development incentive agreement per G.S. 158-7.1; and

To authorize the City Manager to execute an economic development incentive agreement with Eagle Landing Partners LLC in an amount not to exceed $500,000 for building renovation project (Scarborough House) 1406 Fayetteville Street, Durham, NC.

Vote: 7/0

Adjournment: //cityordinances.durhamnc.gov/OnBaseAgendaOnline/Meetings/ViewMeeting?id=585&doctype=1#mediaAndItemView "Read more details about this section") – 11:35 p.m.