OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Durham City Council Meeting - August 22, 2023

City Council — Tuesday, August 22, 2023
BodyDurham, North Carolina
SessionCity Council
DateTuesday, August 22, 2023
StatusFILED
Video Record
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Transcript — Verbatim
0:49

We are now streaming.

1:06

She's sitting in front of the body.

1:08

She's like lady.

1:09

Short hair.

1:52

Good evening.

1:53

Happy Monday, everybody.

1:54

I'd like to call the Durham City Council meeting to order for this the 21st day of August 2023 at 7 p.m.

2:04

here in the city of Durham.

2:06

We are happy to see so many faces who have joined us tonight in person in chambers, and we certainly welcome those who have joined us remotely as well.

2:16

Let us have a moment of silent meditation before we take up the people's business for this evening.

2:33

Thank you all so much.

2:34

We'll now recognize uh councilwoman Freeman to lead us in the Pledge of Allegiance.

2:39

Thank you.

2:40

It's our practice to stand and salute the flag if you're able.

3:13

Councilmember Caballero.

3:15

Councilmember Freeman.

3:16

Present.

3:17

Councilmember Holsey Hyman.

3:19

Present.

3:19

Councilmember Johnson.

3:20

Here.

3:21

Councilmember Williams.

3:22

Present.

3:23

Thank you.

3:24

Thank you so much.

3:25

I look to my left for any announcements by colleagues.

3:30

Councilwoman uh Jose Hama.

3:33

Good evening.

3:34

It's really good to see all our residents in the audience to my colleagues.

3:37

We've had a busy week.

3:39

I know I have.

3:39

Um, so I have I'm gonna try to make it as fast as possible.

3:42

But I will say that I had the honor to go out with Preserve Real Durham to the South East Durham area and to really see the impact of all this building.

3:53

And I want to also say that it does not just affect people saying, well, they just don't want people of color to move out there, or they just don't want certain people to move out there because I met with older African American people, I met with older white people, I met with young people, and just the level of damage that they showed me to their property was just outstanding.

4:14

And then the other thing I want to talk about is the fact that they have more than one person told me that they had tried to file a claim on their insurance to have this issues that happen with their blasting, and that the companies have told them that if they continue to move in the the sense of filing it, that they would lose their insurance.

4:33

And so um I just know that the the voting that we do here does make consequences to people how it affects them, and I saw it firsthand, and I just wanted to say to those people who are dealing with this in terms of their property being damaged in terms of their property, can't even use their backyard because they're putting buffers up that are so high that they can't even put their their animals to run in the yard or their their children.

4:55

It was just a stonish thing to me.

5:00

So I just want to also say that our voting has consequences, and it is affecting people at all economic and all backgrounds.

5:04

So thank you for inviting me out there to see that.

5:26

He was my student as an undergrad at Shah University.

5:29

And just to see the blessings of what he's doing and giving back to the community makes my heart fun and good.

5:35

I also want to talk about Progressive Holiness Church that I was out there this weekend with Elder Christopher Lewis and Cassant Katrina Lewis, who um basically were giving out backpacks and computers to to kids.

5:47

So they were really doing their thing.

5:49

And also a couple of us here too were also able to go to the homecoming of Destiny Seabury, who was the 15-year-old young lady who was the babysitter of our little girl Chloe that was shot.

6:01

And they had a homecoming, and the mayor also gave like a uh statement to her.

6:06

Um and it was just so so to see all the family wrap around her.

6:09

She is a uh a student at Jordan, 15.

6:12

And when we and when they asked her, would she do it again?

6:14

She said yes.

6:15

That she would throw herself in front of a bullet for her family.

6:19

And we need to take a lesson from that because it's not just about us, but it's what we're doing to give back to the community and give back to one another.

6:25

Thank you very much.

6:27

Thank you.

6:28

Any other announcements?

6:29

Councilman.

6:31

Thank you, Madam Mayor.

6:32

I just wanted to um publicly appreciate all of the city employees, city workers um who were out doing storm um recovery work for us um over the last week.

6:44

Um lots of folks in our community, you know, experienced down trees, you know, trees on houses, blocked roads, um, and our staff were working nonstop um for those first few days, making sure um that our streets were clear and that our infrastructure was um getting back where people needed it to be.

7:03

Um so just want to thank our all of our city workers uh who were part of that effort, getting getting everything back online for our residents.

7:10

Thank you.

Discussion Breakdown — Share of Meeting
Land Use Planning██████████████████████████████████████38%
Community Engagement█████████████████████████25%
Procedural██████████████████████22%
Ethics██████6%
Blasting And Environmental Impact████4%
Pending Litigation███3%
Affordable Housing█1%
Economic Development█1%
Summary of Proceedings

Durham City Council Meeting - August 22, 2023

The Durham City Council met on August 22, 2023, at 7 p.m. to discuss a consent agenda, a public hearing on a controversial Unified Development Ordinance text amendment (SCAD), and other items. The meeting included announcements from council members, public comments, and a decision to continue the SCAD hearing for 90 days with a community engagement plan.

Consent Calendar

  • Approved consent agenda items 1-24 (except item 16) unanimously (7-0). Items included various appointments, contracts, and interlocal agreements.
  • Item 16 (condemnation for easements at 4000 Fayetteville Street) was pulled for public comment.

Public Comments & Testimony

  • Jerry McLean (on item 16): Opposed the eminent domain action, stating the city made a mistake building on his property, and requested compensation for expenses and a fence. He had not been contacted by the city.
  • Public Hearing on SCAD (Item 26):
    • Stephen Neal: Criticized the massive text amendment and alleged conflicts of interest regarding Councilmember Caballero. Called for denial.
    • Benita Green (President, Inner Neighborhood Council): Opposed SCAD, stating it does not follow federal affordable housing guidelines; 22 concerns raised but only 6 easy ones addressed. Asked for denial.
    • Rafik Zaidi (President, Black Concerned Citizens): Opposed SCAD, calling it a scam that will worsen gentrification. Questioned developers' motives and demanded denial.
    • Jackie Wagstaff: Opposed SCAD, accused council members of being "on the take" and criticized Councilmember Williams for changing positions. Stated belief that all four councillors are corrupt.
    • Steve Tuller: Supported SCAD, praised public process, and condemned character attacks. Urged passage.
    • John Warisola (Architect): Supported SCAD elements, citing potential for mixed-use development in neighborhoods like South Downtown.
    • Jim Anthony (Applicant): Requested a 90-day continuance to address community concerns, including elimination of parking requirements, height measurement confusion, and PATH program terms. Committed to further engagement.
  • Additional public comments were interrupted by the continuance decision; some attendees expressed frustration they could not speak.

Discussion Items

  • Recusal Discussion: Councilmember Hyman raised concerns about Councilmember Caballero's potential conflict of interest due to her husband's involvement. City Attorney clarified that recusal is governed by state statute (NCGS 160D-109) and that no investigation was conducted. Caballero stated she has no conflict and will not recuse.
  • SCAD Text Amendment: Staff presented the amendment and planning commission's denial (6-6). Six changes were negotiated with INC. Council discussed a 90-day continuance, task force formation, and the need for objective voices and community engagement. Councilmembers differed on whether a task force is needed, but most agreed to the continuance. The applicant will return on September 8, 2023, with a community engagement plan. Full hearing continued to November 20, 2023.
  • Condemnation Item 16: After public comment, council voted 6-1 (Freeman dissenting) to approve resolution authorizing condemnation of portions of 4000 Fayetteville Street for a road improvement project.

Key Outcomes

  • Consent Agenda: Approved 7-0, with item 16 pulled and later approved 6-1.
  • SCAD Continuance: Granted applicant's request for 90-day continuance to November 20, 2023. Council requested a community engagement plan to be presented on September 8, 2023 (to be confirmed for a council meeting). A group of volunteers (opponents) signed up to participate; applicant will balance with proponents.
  • Voting on Item 16: Resolution passed 6-1 (Councilmember Freeman voted no).

Note: The meeting was adjourned at 8:38 p.m. (Transcript indicates August 21, 2023, but meeting date is listed as August 22 per official record.)

Meeting Transcript

We are now streaming. She's sitting in front of the body. She's like lady. Short hair. Good evening. Happy Monday, everybody. I'd like to call the Durham City Council meeting to order for this the 21st day of August 2023 at 7 p.m. here in the city of Durham. We are happy to see so many faces who have joined us tonight in person in chambers, and we certainly welcome those who have joined us remotely as well. Let us have a moment of silent meditation before we take up the people's business for this evening. Thank you all so much. We'll now recognize uh councilwoman Freeman to lead us in the Pledge of Allegiance. Thank you. It's our practice to stand and salute the flag if you're able. Councilmember Caballero. Councilmember Freeman. Present. Councilmember Holsey Hyman. Present. Councilmember Johnson. Here. Councilmember Williams. Present. Thank you. Thank you so much. I look to my left for any announcements by colleagues. Councilwoman uh Jose Hama. Good evening. It's really good to see all our residents in the audience to my colleagues. We've had a busy week. I know I have. Um, so I have I'm gonna try to make it as fast as possible. But I will say that I had the honor to go out with Preserve Real Durham to the South East Durham area and to really see the impact of all this building. And I want to also say that it does not just affect people saying, well, they just don't want people of color to move out there, or they just don't want certain people to move out there because I met with older African American people, I met with older white people, I met with young people, and just the level of damage that they showed me to their property was just outstanding. And then the other thing I want to talk about is the fact that they have more than one person told me that they had tried to file a claim on their insurance to have this issues that happen with their blasting, and that the companies have told them that if they continue to move in the the sense of filing it, that they would lose their insurance. And so um I just know that the the voting that we do here does make consequences to people how it affects them, and I saw it firsthand, and I just wanted to say to those people who are dealing with this in terms of their property being damaged in terms of their property, can't even use their backyard because they're putting buffers up that are so high that they can't even put their their animals to run in the yard or their their children. It was just a stonish thing to me. So I just want to also say that our voting has consequences, and it is affecting people at all economic and all backgrounds. So thank you for inviting me out there to see that. He was my student as an undergrad at Shah University. And just to see the blessings of what he's doing and giving back to the community makes my heart fun and good. I also want to talk about Progressive Holiness Church that I was out there this weekend with Elder Christopher Lewis and Cassant Katrina Lewis, who um basically were giving out backpacks and computers to to kids. So they were really doing their thing. And also a couple of us here too were also able to go to the homecoming of Destiny Seabury, who was the 15-year-old young lady who was the babysitter of our little girl Chloe that was shot. And they had a homecoming, and the mayor also gave like a uh statement to her. Um and it was just so so to see all the family wrap around her. She is a uh a student at Jordan, 15. And when we and when they asked her, would she do it again? She said yes. That she would throw herself in front of a bullet for her family.

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