Durham City Council Meeting - December 6, 2023: Certification, Swearing-In, and Zoning Actions
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Durham City Council Meeting - December 6, 2023
The Durham City Council held a combined organizational and regular meeting on December 6, 2023, beginning with the certification of the November 7, 2023 municipal election results, recognition of outgoing council members, and the swearing-in of newly elected officials. The council then conducted regular business, including a consent agenda and three public hearings on zoning matters. Notable actions included the appointment of Mayor Pro Tem Mark Anthony Middleton, approval of a rezoning for 618 Moorehead Avenue, and approval of the Oaks at Gray townhouse rezoning despite a resident's opposition.
Election Certification and Swearing-In
- Durham County Board of Elections Chair Don Baxton and Director Derek L. Bowens certified the November 7, 2023, election results. Voter participation in the October 10, 2023, primary was 11.77% (958 residents); the November 7, 2023, general election saw 39,250 votes cast out of 206,929 eligible residents, a 18.97% turnout.
- Certified winners: Leonardo Williams as Mayor (24,366 votes), and Carl Rist (21,999), Nate Baker, and Javiera Caballero as council members at-large.
- The council recognized outgoing members: Jillian Johnson (served as councilmember at-large December 2015–December 2023 and Mayor Pro Tem 2017–2021), Monique Holsey-Hyman (served May 2022–December 2023), and Mayor Elaine O'Neill (served December 2021–December 2023). Each gave remarks.
- Newly elected officials were sworn in: Nate Baker, Javiera Caballero (re-elected), Carl Rist, and Leonardo Williams as Mayor. Williams then resigned his Ward 3 council seat; the council unanimously accepted the resignation.
Consent Calendar
- The consent agenda was approved unanimously (6-0). Items included approval of municipal election results, October 2023 bid report, sidewalk audit, contracts (ETR Services, Central Builders, Bliss Products, Eckert Youth Alternatives), utility bond anticipation notes, easement condemnation, HUD grant awards, and several other routine items.
- Item #1 (Participatory Budgeting Steering Committee appointment) was referred back to the city clerk's office and will be re-advertised.
Public Comments & Testimony
- 5802 South Miami Boulevard Multifamily: No public comments were received. Applicant Marie Farmer (Parker Poe) requested a continuance to January 2, 2024, to reevaluate tree coverage and grading standards; the council granted the continuance and kept the hearing open.
- 618 Moorehead Avenue: Public speakers Bruce Mitchell and David Ball both supported the rezoning, praising the applicant's community engagement and commitment to preserving the historic Greystone house. The applicant, Dan Jewell, emphasized that the restrictive 1999 zoning had rendered the property unviable and that the new proposal would ensure preservation.
- Oaks at Gray: Resident Ben Greener spoke in opposition, citing concerns about parking, traffic safety, and the lack of affordable housing. Applicant Marie Farmer responded that units would be 1,600–1,800 square feet with internal parking and be more attainable than the five larger by-right townhomes.
Discussion Items
- Councilmembers debated policy issues related to density bonuses, gentrification, and affordable housing during the Oaks at Gray hearing. Councilmember Baker questioned the incentive for developers to seek density bonuses if rezoning routinely grants extra units without community benefits. Councilmember Freeman raised concerns about tree preservation and price points; applicant indicated units would likely sell in the mid-$500s to low $600s.
- Mayor Pro Tem Middleton discussed the legality of demanding developer concessions and expressed support for the project. Councilmembers also asked staff about sidewalk and tree options.
Key Outcomes
- Mayor Pro Tem: Re-appointed Mark Anthony Middleton; motion passed 5-1 (roll not specified beyond tally).
- 5802 South Miami Blvd: Continuance granted to January 2, 2024.
- 618 Moorehead Avenue: Approved unanimously (6-0) on both motions (rezoning ordinance and consistency statement).
- Oaks at Gray: Rezoning approval passed 4-2 (Councilmembers Freeman and Baker voting no); consistency statement passed 5-1 (Councilmember Baker voting no).
- Ward 3 Resignation: Mayor Williams' resignation was accepted unanimously.
- The meeting adjourned at approximately 9:23 PM.
Meeting Transcript
Hello, everybody. Good evening. Good evening. Good evening. I know you don't like to use it. You might have to use that. I don't normally use the gavel, but I will tonight. Just want to let you all know we're going to start about two minutes, and there are seats outside in the lobby area, and the cameras will cover this live as well if you don't want to be in this crowd, okay? So we're gonna start exactly at seven because we are anxious for Leo to be sworn in and Elaine to go home. Got two minutes. So about two minutes. And I don't have to stay on staying. Mayor Shule, I think there's a seat up here in front for you. At this time, and we will now turn to our clerk for our roll call. Thank you, Madam Mayor. Mayor O'Neill. I am present. Mayor Pro Tem Middleton. I'm here. Councilmember Caballero. Here. Councilmember Freeman. Present. Councilmember Holsey Hyman. Present. Councilmember Johnson here. And Councilmember Williams. I'm here. Thank you. Thank you. We will now turn our attention to Attorney Don Baxton, who's the chairperson of the Durham County Board of Elections, along with Mr. Derek L. Bowens, who is the director of the Durham County Board of Elections as well. For our certification of the November 7, 23 elections. Thank you, Mayor O'Neill. I so bad want to say your honor because I'm used to saying that. Evening. The Dur Durham County Board of Elections and staff administered honest, fair, and accurate municipal elections for the 2023 cycle. The certified election results have been provided to the city clerk for both elections. On October 10th, 2023, 2023, 958 residents voted, yielding an 11.77% voter participation rate. For the November general election, 206,929 residents were eligible to participate. On November 7th, 2023, 39,250 residents voted, yielding an 18.97% voter participation rate. While turnout was not as high as desired, we appreciate the resilience of Durham voters during this election cycle. The Canvas results for November 7th, 2023 election confirm Leonardo Williams as Mayor, Nate Baker as council member at large, Javiera Caballera as council member at large, and Carl Riss as council member at large. We are always appreciative of the diverse field of candidates that participate, which speaks to the vibrancy and inclusivity of our wonderful community. So thanks all of those that participated. As these results have been officially certified by the Board of Elections and upon authorization of the clerk pursuant to the agenda, we will now present ceremonial certificates of election for the 2023 municipal general election for City of Durham. Mr. Boyne, please distribute certificates as I call each member's name. For the mayoral contest, Leonardo Williams with 24,366 votes.
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