Good evening, everyone.

I'd like to call the Durham City Council meeting to order on the fourth day of May 2026 at 7 p.m.

Thank you so much for being here.

Um, if I could invite everyone to please join me in a moment of silent meditation.

Thank you.

Um Councilmember Wrist, if you'd like to lead us in the Pledge of Allegiance.

Thank you, Mayor Pretem.

If it is your practice, I invite you to rise with me and recite the Pledge of Allegiance.

I pledge allegiance to the flag of the United States of America and to the Republic.

For which it stands one nation under God, indivisible, with liberty and justice for all.

Thank you.

Madam Clerk, can you please call the roll?

Yes, indeed.

Mayor Williams has an excused absence, but I believe it's delayed and will be here shortly.

Mayor Pro Tem Caballero.

Here.

Councilmember Baker.

Here.

Councilmember Burris.

Here.

Councilmember Cook has received an excused absence for this evening.

Councilmember Kopak?

Here.

Councilmember Rist.

Here.

Thank you.

Thank you.

We have several ceremonial items this evening, so I'm going to invite Councilmember Kopak to kick us off with the drinking water week proclamation.

Can you hear me now?

Thank you.

I don't know.

All right, good evening to this evening.

Oh, good evening, everyone.

It's my pleasure this evening to read a proclamation on behalf of Drinking Water Week.

Uh and I'm glad to have uh Mr.

Ralph Warren up here uh with me today.

Uh with our uh Williams Water Treatment, uh one of our Williams Water Treatment Plant uh operator with the City of Durham.

So thank you for your service and thanks for being here this evening.

Thank you, sir.

Yeah.

So proclamation, whereas water is a fundamental and essential need of all living things, and whereas tap water consistently provides public health protection, fire protection, and economic support for the quality of life we enjoy, and whereas the city delivers a dependable supply of high-quality, award-winning drinking water, and whereas as stewards we must continue to support investment in water infrastructure to meet the needs of future generations, and whereas the city stands as a leader in source water protection and recognizes the potential impacts of climate change on this vital resource, and we're as dedicated individuals and organizations have made significant contributions to developing, operating, and maintaining our water systems and educating the public about their value.

Now, therefore, I, Leonardo Williams, Mayor of the City of Durham, North Carolina, do hereby proclaim May 3rd to the 5th, 2026 as drinking water week in the City of Durham and encourage all residents to recognize and celebrate the staff who produce, manage, and maintain the city water resources and support a more sustainable community by practicing water-wise habits.

Uh signed on this day, uh May 4th, Leonardo Williams, Mayor.

Good evening.

My name is Ralph Horn.

I'm an operator at the Williams Water Treatment Facility.

Uh thank you guys for taking time tonight to recognize the vital role safe water drinking plays in all of our lives.

Just like our police, fire emergency responders, and operators, water professionals work around the collect to keep public health and the community safe.

It is an honor for me to accept this proclamation on behalf of my fellow operators in the water management supply and drinking division and all it all employees of the City of Durham's Department of Water Management.

Our team of more than 380 professionals works 24 hours a day, 365 days a year to ensure that all customers have access to one of the most basic human needs, clean and safe drinking water.

We've had a very dry spring.

Durham's water supply has been on everyone's mind, and it will continue to be so until we have a good storm that fills reservoirs back up and eventually the public will it'll fade from the public mind.

Still, I would like to inform the mayor, the city council, and the public to know that water management will still be working on your water supply around the clock diligently to maintain it.

As Durham continues to grow, so does the number of customers who rely on us every day for their drinking water.

For this reason, it is important that we plan today to provide for Durham's future, tomorrow.

I said that right, right?

Our department is in the planning phase for building a water intake at Jordan Lake and a new water treatment plant in South Durham.

This is part of a multi-year project to meet Durham's needs, known as the Jordan Lake Water Supply Program.

And we can make your hearing addition to ensure Adam Water Supply will also provide us to educate the next generation about the importance of drinking water.

Each year, our water fishing can sponsor the posture contest that highlights the value of water.

Our nation's five days on a voice regularly to live the world.

Thank you.

Good evening, everyone.

Uh it's my honor to read um the Taiwanese American Heritage Week proclamation.

Um is Chris Daly here.

Thank you for joining me.

Whereas since 1999, elected officials across the United States have observed the week following Mother's Day at Mother's Day as Taiwanese American Heritage Week, and whereas the City of Durham values its diverse community and recognizes the important cultural, economic, and civic contributions of Taiwanese Americans, and whereas, in the face of ongoing challenges, it is important to recognize and celebrate the heritage and contributions of the Taiwanese American community, and whereas the United States and Taiwan share a strong partnership rooted in democracy, freedom, and human rights, supported by the Taiwan Relations Act of 1979 and the six assurances of 1982.

And whereas Taiwanese American Heritage Week provides an opportunity to celebrate these contributions and the diversity that strengthens our community.

Now, therefore, I, Leonardo Williams, Mayor of the City of Durham, North Carolina, do hereby proclaim May 10th through 17th, 2026 as Taiwanese American Heritage Week in the City of Durham and encourage all residents to recognize and celebrate the contributions and heritage of Taiwanese Americans.

Witness my hand in the corporate seal of the city of Durham, North Carolina, this fourth day of May, 2026.

Thank you.

Durham has a rich history of welcoming people from all over the world, and this proclamation beautifully demonstrates that spirit of acceptance.

While I am not myself a Taiwanese American, my wife, who is with us tonight, is a first generation Taiwanese American.

Just last month, she celebrated three years as a U.S.

citizen and nearly six years as a proud Durham resident.

I am also the father of two young boys, Taiwanese Americans who were both born right here at Duke Regional Hospital.

The proclamation referenced Taiwan's resilience and perseverance in the face of ever growing geopolitical challenges.

And I just want to say for my family, those challenges are deeply personal.

And now more than ever, I worry about my son's future.

Taiwan faces constant, unprovoked posturing from its much larger neighbor to the West.

On a recent family trip to visit my wife's family, we stopped at Huali In on Taiwan's east coast.

The peaceful serenity was interrupted every few hours by F-16 fighter jets roaring into the skies.

We learned that these jets are constantly scrambling to intercept military aircraft from the People's Liberation Army, entering Taiwan's air defense identification zone without permission.

This hits close to home for me, because if my sons choose to maintain their dual citizenship into adulthood, they will be required to serve in the Taiwanese military and possibly defend Taiwan from an invading force.

Because of this reality, this proclamation is not mere platitudes.

It is a declaration of solidarity.

Tonight, you have told my wife, my children, and all Taiwanese Americans living in Durham, across North Carolina, and even the United States, we see you, we value your heritage, and we stand with you in your quest for freedom and democracy.

Durham has a rich history of supporting the oppressed, whether supporting refugees, fleeing the threat of war, or standing up against system systemic racial injustices that were taking place here at home.

Durham is a city for good, and tonight, once again, you have chosen to stand up for the marginalized in our community.

Thank you, Mr.

Thank you so much.

Good evening.

I will be presenting the Firefighters Day Proclamation.

So Chief Zodos, could you please come up in Durham Fire and Rescue?

Whereas firefighters serve the city of Durham record courage, dedication, and professionalism, responding to emergencies at all hours to protect lives, property, and the safety of our community, and whereas firefighters place themselves in harm's way to safeguard residents and visitors, demonstrating extraordinary commitments to public service and the well-being of others, and whereas International Firefighters Day is observed annually on May 4th to recognize and honor firefighters around the world for their bravery, sacrifice, and unwavering service to their communities.

And whereas this day also provides an opportunity to remember and honor firefighters who have been injured or who have made the ultimate sacrifice in the line of duty.

And whereas the Durham Fire Department proudly serves the Bull City through emergency response, fire prevention efforts, public safety education, and community outreach initiatives that help keep residents safe.

And whereas recognizing International Firefires Day highlights the central role of firefighters play in protecting our community and provides an opportunity for residents to express their appreciation for their service and sacrifice.

Now, therefore, I, Leonardo Williams, mayor of the city of Durham, North Carolina, do hereby proclaim May 4th, 2026 as International Firefighters Day in the City of Durham and encourage all residents to recognize the dedication, bravery, and service our firefighters and to aim to express their gratitude for the work they do to protect our community.

Witness my hand, the corporate sill of the city of Durham, North Carolina, this fourth day of May 2026.

So may the fourth be with you all.

Thank you very much.

My name is Bob Zoldis, I have the pleasure of serving as the fire chief of this great city.

With me tonight are two members, oh, they did come up, I was afraid they'd they'd hide in the back of the Durham Fire Department who have great significance.

I have one of our most senior and one of our most junior members with me tonight.

Our department's senior members, Captain Travis Melvin, who graduated in August of 1994 from Academy 8.

Travis is our longest serving member in operations, saving and saving lives and property in the Bull City for over 32 years.

Cap Melvin's other duties include serving as the DFD's liaison to 911 and as a response plan specialist where he designs and implements response strategies for the city.

Travis also serves as the president of Bull City Firefighters, one of our three employee groups.

Cap Melvin is assigned to Engine Company One, quartered right across the street at 139 East Morgan Street, and he's a native Durhamite.

Our department's junior members, firefighter uh uh Devon Blackwell, who graduated on April 17, 2026 on from Academy 40.

Fabrier Blackwell graduated with 26 other new firefighters just 17 days ago.

And while they're all equally junior, if you will, I asked Devon specifically to represent our newest members tonight because he was picked by his peers to represent them at their Academy class graduation.

Five Rlackwell is also assigned to Engine Company One.

He's originally from San Bernardino, California, and why I'd love to say our recruitment is just that good that we grabbed him in California.

He came to the area to finish college, and then later he took his son to visit a firehouse and well, the rest is history.

Council, thank you so much for recognizing the great work of your firefighters tonight.

The officers and members of the Durham Fire Department protect the lives, property, and environment of the city 24-7-365.

Your fire department does that by responding to fires, medical emergencies, auto accidents, hazardous materials incidents, technical rescue entrapments, and all manner of other events that require life-saving and caring skill.

We were called to help three 35,805 times in 2025, and we always answer that call.

So that you know, to answer that many 911 calls for service, the DFD had to respond 52,000 times.

And to provide our high level of service to the community, we trained over 108,000 hours during the year.

Your fire department also works very hard to prevent the 911 call from happening in the first place through fire code enforcement and strong public safety education efforts, including three summer youth camps.

Today is International Firefighters Day, a day set aside to recognize firefighters from all across our world who put their lives on the line to save others.

In the United States, there are over a million firefighters.

Here in Durham, there's 449 men and women keeping our community safe.

On behalf of all of them, thank you very much for the kind and thoughtful recognition of their strong work.

Thank you.

Good evening, everyone.

I'd like to call forward uh Gregory Williams and David Bradway from Bike Durham.

It is bike month.

I'm gonna don my bike helmet.

Since I biked in for bike month, as did Calvin McCopac is also going to join me here.

Um, whereas May is National Bike Month, a celebration of biking as transportation, recreation, and community connection that benefits public health, environmental sustainability, and quality of life.

And whereas the City of Durham continues to invest in its bicycle and pedestrian network, including 75 million dollars for new and repaired sidewalks via the successful 2024 Connect Durham Bond issue.

And whereas the city of City and County of Durham continue to plan for strategic expansion of biking and walking networks via the Durham Bike and Walk Plan, charting a course toward a safer, more connected, and more equitable transportation system.

And whereas May 6th is bike, walk and roll to school day, when students, parents, and educators across Durham are encouraged to travel to school by foot, bicycle, or other active means throughout the month of May.

And whereas May 9th is the Bull City Bike Stampede, a ride organized by Bike Durham.

Thank you all, when cyclists of all ages take to Durham streets together to celebrate and advocate for safer infrastructure for all.

And whereas May 11th through 17th is bike to work week when commuters across Durham are encouraged to swap car trips for bike trips, reducing emissions and promoting health and economic benefits of cycling as transportation.

And Bike Durham will host the annual Ride of Silence on May 20th, a memorial ride through downtown Durham to honor those killed or injured while biking, affirming that every traffic death is preventable.

Now, therefore, I, Leonardo Williams, Mayor of the City of Durham, North Carolina, do hereby proclaim May 2026 as National Bike Month in the City of Durham and encourage all residents to ride, walk and roll this month in the Bull City.

Witness my hand of the corporate seal of the city of Durham, North Carolina, this fourth day of May 2026, Leonardo Williams, Mayor.

Thank you.

Thank you, Mayor Williams, Mayor Pro Tem, and members of City Council for this proclamation recognizing May as National Bike Bunt in Durham.

My name is David Bradway.

I volunteer with Bike Durham as the advocacy co-chair.

I uh for the past five years have been biking my kid to EK Po elementary in Old West Durham, and I've been biking to work for much longer.

On behalf of Bike Durham, I'm grateful for the city's partnership and its commitment to making Durham streets safer and more welcoming for everyone who walks, bikes, and rolls.

This proclamation reflects not just a celebration, but a shared commitment to the work ahead.

This month, we invite all Durham residents to join us for the bike month events announced in the proclamation and found at Bike Durham.org.

Next, I'd like to hang hand it off to Gregory Williams, advocacy campaign organizer at Bike Durham.

Good evening.

Mayor Williams, Council members.

We invite you to attend our attempts, our events this month to send a powerful message to our community that Durham's leaders are committed to safe streets for everyone.

Bike month is a celebration, but it's also a time to reflect and honor those who we have lost on our streets.

Most recently, Jack O'Shea, who was killed by a driver on Coal Mill Road.

With tragedies like this underscoring the importance, we recognize the work the City of Durham staff has done on the recent bike walk plan update.

We call on council to identify the resources necessary to fully implement its recommendations.

Durham is making progress on biking and transportation in general, with new sidewalks and bike lanes, improved crosswalks and bus service, and a community that shows up to ride, to remember, to advocate, and to imaginable city where everyone can get around safely.

We have more work to do, but we're glad to do it alongside this city.

Thank you.

Thank you.

Thank you, colleagues.

Um I have um announcements by council.

Does anyone have any announcements?

And um, Madam Clerk, we're keeping our announcements to two minutes each.

Colleagues, anyone?

Go ahead, Councilmember Baker.

Uh good evening, everyone.

Thank you all for being uh in the building.

I'll be quick.

Um I do just want to say thank you for your patience um in signing up.

It is not uh every meeting that we have such a large number of people attending, but it also doesn't never happen.

And so um I do I do think that we need to develop um some some protocols for larger groups so that people don't uh have to wait uh for extended periods of time uh to to sign up to speak.

Um so I hope that we can do that.

Um, just want to say uh thank you to all of our city workers uh every day for all that you do, and thanks to IT, communications, all the city staff who helped keep our uh meetings running smoothly.

That's it.

Thank you.

Thank you.

Any other council members?

Go ahead, Councilmember Kopak.

Thank you, Madam Mayor Pro Tem.

Uh so a few announcements.

First of all, I just want to uh give appreciation to Urban Ministries of Durham and Durham Center for Senior Life for the recent uh annual galas and celebrations.

Uh Councilmember Burris and I got to see the Durham Center for Senior Life House Band perform and see the uh the residents take over the dance floor.

So that was a really joyous celebration.

Uh appreciate uh and thank Hai Reborn for the recent forum I was invited to.

Uh congratulations to Cornwallis Youth and their NCCU mentors with Graced Inc.

for completion of a podcast series everyone should check out and the courage and leadership they showed in the face of recent violence, which they should not have to uh show as people so young.

The second annual solar festival was a big hit at Lions Farm Elementary with student solar builds and a puppet show uh in partnership with the NC Climate Justice uh Collective and Paper Hand Puppets, showing us the possibility of a future with clean, abundant energy built with collective power.

Um, on our agenda tonight, you won't hear about Keep Durham Beautiful and their annual report, but I want to acknowledge and commend their ongoing work to expand our tree canopy and clear invasive plants.

Um happy Jewish American Heritage Month.

Uh and finally, as a reminder, the city manager will be releasing uh his budget on May 18th.

The best times to give input at this stage are our work sessions on May 18th and May 21st, uh and at the June 1st budget hearing.

Thank you.

Thank you.

Councilmember Bruce, Steveny Comments.

Thank you, Mayor Pratem.

Uh, again, happy May, everyone.

Um, in addition to bike month, it is also uh was also May Day and Friday, and I want to thank all the Durham residents that went over to Raleigh to celebrate or to join in the in the thousands of people, literally tens of thousands of people at the May Day protest in Raleigh last Friday, part of the May Day Strong Campaign nationwide.

I want to thank NCAE for helping to organize that rally, and I want to thank everyone that came out to express their deep concern with the with the direction our state's going in and how we need to fund our schools and our people in much more substantial ways and avoid tax cuts.

So thanks for all that came out.

Um also last Saturday, May 2nd was the Garmin Marathon.

I want to thank the Durham Sports Commission for sponsoring that, helping to organize that in Durham.

As you all know, the Garmin Marathon is only in a couple cities a year.

It's a great honor for that to have been in Durham.

Again, literally thousands of runners who participated in that marathon.

I'm a big runner myself, as you know, yeah.

But I wasn't able to get out, but it's great to wake up Saturday morning and see literally a wall of runners coming down my street participating in that.

Is it great for the runners there?

Also great for Durham to attract so many folks to our city to participate in the Garmin Marathon.

Finally, I want to say, going back to the month of eight last of April, um, I want to thank the Haiti Heritage Center for hosting a screening of the new documentary by Durham documentarian Kenny Dahlzheimer called Moon Child, Moon Child.

Um it screened on April 30th, which I think is also International Jazz Day, if I'm not mistaken.

Um if you if you've not seen it, don't miss a chance to see Moon Moon Child.

Um it's the untold story of a Durham uh legend who's a jazz pianist, but also an amazing connector.

Um his name is Brother Yusuf Salim, Yusuf Salim.

Um it's a hundred percent Durham Jazz Durham story about the power of music, the power of jazz, connections to the NCCU jazz program, which is one of the strongest in the country, and also connections to the Muslim community in Durham that's centered around West Chapel Hill Street, where the mosque still is.

So if you have a chance, look out for Moonchild, an amazing story of Durham.

Again, thanks to Kenny Dalsheimer, the filmmaker, for bringing that story to all of us.

It's a fascinating story.

You gotta see it.

So thank you, Mayor Pratem.

Thank you.

Uh I have just a few announcements.

I want to first acknowledge uh Scout Troop that is here, Scout Troop 400.

I think they are towards the back of um the chamber, so thank you so much for being here and participating.

If you all want to stand up.

It's always a pleasure to have uh scouts uh here with us.

Uh secondly, and I will leave it with the clerk.

Somebody left their phone.

It's just like a black.

So I'll leave it with the with the clerk.

Um so if you were missing your phone, look through your belongings.

Um, and finally, I will be reordering the agenda quite a lot tonight.

Uh, there are certain things that are gonna have to get switched around, so please bear with me.

Um the mayor is here, he has a second.

I don't have a second.

So uh I asked for patience this evening.

Hopefully, he will get here around eight, between eight and eight thirty.

So those are all oh, and then finally, I do want to extend a huge shout out to everyone who did was able to go out to Raleigh.

It was an incredible afternoon.

I was very happy to be able to participate and just delighted that that many folks showed up.

I will say it was also distressing and disappointing because the last time I marched in Raleigh for a large uh Red for Ed event, my kids were in elementary school, and my third kid's about to graduate from Riverside in June, and we still don't have adequate funding for our public schools.

So we have a lot of work to do in the state of North Carolina, and I encourage every single one of you who's here tonight to keep doing your civic duty and showing up for our public schools.

Thank you.

Madam Manager, priority items.

I'll go with Madam.

Sorry.

I'll go with manager, but I was looking at Madam Attorney.

Yeah.

Thank you, Madam Mayor Pro Tem, members of council.

The city manager's office has one priority item this evening.

That is agenda item number 27 that's been added to your agenda.

It's a revision to the 2026 City Council meeting schedule.

This has been added to move the work session that was originally scheduled for May 7th to now take place on May 18th.

That item is on your agenda, and those are all our priority items from the manager's office.

Thank you.

Thank you.

Madam Attorney.

Thank you, Madam Mayor Partem.

The city attorney's office has no priority items, although I think I will speak on behalf of Councilmember Baker, perhaps, to point out that there's another supplemental item that's been added to the agenda, item number 28.

Thank you, Madam Attorney.

Madam Clerk.

Thank you, Madam Mayor Pro Tem.

The city clerk's office has no priority items tonight.

Thank you.

So uh the next order of business for us is to uh read out the agenda.

We will be taking up our consent agenda.

Consent agenda is everything that we discussed at our work session, and it's all together.

That's why it's on consent.

Uh item number one, developmental review, performance audit March 2026.

Item number five, opioid settlement update and spending authorization.

Item number eight, Durham Arm Armory HVAC upgrades, design build contract with Brady Train Service Inc.

Item number nine, keep Durham Beautiful 2025 annual report.

Item number 10, second amendment to contract with International Business Machines Corporation for Next Generation ERP implementation.

Item number 11, supplemental agreement number two to governing agreement number two one five five one with WSP USA Inc.

for cultural for central Durham bus rapid transit design 30 percent and National Environmental Policy Act NEPA study.

Item number 12 extension of street impact fee credits to Creekwood Highway 70 Alexander LLC.

Item number 13 construction contract for signalized pedestrian upgrades at 13 locations with traffic control devices LLC.

Item number 14, Go Durham FY25 annual report.

Item number 15, FY26 water and sewer funds budget ordinance amendment.

Item number 16, amendment number five to professional engineering services, contract number 14605 with Hazen and Sawyer PC for the Lake Mickey and Little River Raw water pump station improvements.

Item number 17 professional services contract with the Wooton Company for the Duke Golf Course Aerial Rehabilitation and Lick Basin Sewer Assessments Project.

Item number 18 Professional Services Contract Award to McKim and Creed Inc.

for the Southeast Pressure Zone Pump Station Upgrade.

Item number 26, approval of the draft FY2627, actual action plan, AAP and recommended funding plan.

That is everything that I have under consent and I have no polled um agenda items.

So if I could go ahead and get a motion for a motion and a second.

Madam Mayor Pro Tem, we need to vote.

Yeah.

Could you please open it?

It's mine is not.

Oh, there it is.

Sorry.

Sorry, all.

Okay.

Um could you please close it?

The motion passes unanimously.

Thank you, Madam Clerk.

Uh under general business agenda, I have items number two, children's wealth building resolution and number three, endangered species day resolution.

We have a few speakers on that.

And then we have several under items under general business agenda.

Madam Attorney, uh, I know that we have to take up item number 28 before item number four.

Um but those are all under general business public hearings and or sorry.

Sorry, Madam Mayor Pratin.

Number 28 is not a public hearing item, it's a resolution that's required in order to hold the public hearing at item number four.

So what I would suggest is maybe you work through the agenda, go ahead and tackle the supplemental items and leave on the public hearings for the end.

Okay.

So we're gonna do item number 28, uh, which is a supplemental item resolution to set a public hearing to impose a temporary moratorium on developmental approvals for data centers, cryptocurrency mining operations, and any use associated with data center processing facilities within the city of Durham pursuant to NC.

Oh, I don't have the statute, but that's what we have to do first.

And Councilmember Baker, this is your item, so I'm going to um pass it to you if you have any comments.

Since this is just the resolution, I'll go ahead and save my comments for uh the actual ordinance.

Perfect.

Thank you.

Uh, could I please get a motion to adopt a resolution to set a public hearing to impose a temporary moratorium on developmental approvals for data centers, cryptocurrency mining operations, and any use associated with data center processing facilities within the city of Durham pursuant to NC General Statute 160 D-107 and UDO section 3.9.6.

So move to the second motion and a second.

Madam Clover.

I'm sorry to interrupt.

I will not be allowing folks to shout for at us from to the DIAs.

That is okay.

It's going to get handled.

This is just the resolution.

Your opportunity to speak is coming.

We can't let you speak until we accept the resolution to hold a public hearing.

If we do not pass item number four, there is no item number 28.

That is the order that we have to follow, or we can't do the thing that folks have signed up to do.

So we are going to accept the resolution.

There is a motion and a second, and we are going to hold the vote, and that will allow item number four to pursue.

Otherwise, item number four cannot pursue.

Thank you, Madam Clerk.

Is it is the could you please open the vote?

Thank you.

Could you please close the vote?

Motion passes unanimously.

Thank you, Madam Clerk.

Now I'll be going back up under our general business items.

We have under our general business agenda.

We have item number two, children's wealth building resolution, and item number three, endangered species day resolution.

For both items, folks who signed up, I would like you to keep your minutes to two minutes, excuse me, your comments to two minutes each because we have a lot of public hearings this evening.

I'm going to start with our um registrants online first, Madam Clerk.

Yeah.

So I have uh okay, so I have Ms.

Amelia Rourke Owen, but I think she is here in person.

Is that correct?

Is she here in person?

Okay, thank you for standing up.

Um we're gonna come to you in just a second.

I also have uh Kate Irish online.

Is Kate Okay, Kate Irish, you are also here in person.

Okay, so those are the two online speakers I have for item number two.

Um Madam Clerk, I don't, unless you sent it via email, I don't have in-person registrants yet.

It's not here yet.

It's in process.

Okay.

Because I know that Ms.

O'Rourke Owen is here in person and Ms.

Irish is here in person, I'm gonna go ahead and let you all come on up and line up to speak.

Um, as soon as I have my in-person registrants, I'll keep inviting you.

I just don't have the names yet.

So please bear with us.

So folks can go ahead and line up here.

And remember, you have two minutes.

Wow.

And as soon as I have the rest of the speakers, I will call you up.

Thank you.

Jesus.

Good evening.

Good evening, thank you.

I'm Kate Irish, executive director with Durham's Partnership for Children.

At the partnership, we're focused on ensuring every child in Durham enters school healthy and ready to succeed.

We lead strategies for all 23,000 children, aged birth to five and their families to promote healthy development, learning, and enhance high quality child care.

Investing in the early years means lifelong outcomes for that child and family in education, health, and economic security.

Early childhood investments are also critical to our community's well-being, as child care and early education are work supports and critical infrastructure for our economy.

We know the power of a strong foundation for young children, and that includes a financially stable one.

This resolution on children's savings accounts recognizes the importance of launching children and families into a brighter future by planting the seeds of economic security.

Many families uh with young children in Durham are struggling right now to make ends meet, with the cost of living rising and the trouble of being able to afford the cost of housing, food, child care.

This means that families are stretched too thin to be able to start saving and planning for their children's future.

A savings account for a child unlocks something beyond economic security.

It unlocks hope and trust in the future.

It highlights for families the possibilities of what can be and what may be on the horizon for their child as they grow up.

College or starting a business, a path to buying a home, the possibilities will be endless.

We want young children and families, of course, to have financial security, but also to be empowered to dream about their future.

These children's savings accounts with federal contributions will help put young children on a path to a stronger and more supported future.

Durham's Partnership for Children is excited to partner with the city on outreach efforts for this campaign.

Thank you.

Thank you.

Um Ms.

O'Rourke Owen.

Good evening.

Uh my name is Amelia O'Rourke Owens.

I'm a lawyer who focuses on consumer protection and community economic development.

Before I was dogged twice in 2025, I worked for the Consumer Financial Protection Bureau, where I focused on public benefits payments, fair lending technologies, and abusive private student loans.

Since Elon Musk raised a chainsaw above his head, and federal consumer protections were on the chopping block, I've been advising nonprofits and academic institutions on various policy matters.

One of those roles has been as a research fellow for the Center for Taxpayer Rights, where we've read every statute, notice, and implementing regulation for these new Trump accounts, also referred to as Section 530A accounts.

This is a long way to say that I am a nerd and also very in the weeds.

First, since Michael Sheridan started researching child assets as poverty alleviation strategies in 1991, there's incredible research on the positive impacts of children's savings accounts, even in small amounts.

Dr.

Willie Elliott from the University of Michigan articulates so beautifully that one of the most impactful pieces of children's savings accounts is one of the hardest to quantify, which is the hope that it gives to the young children who are beneficiaries.

Now, turning to Durham's role and Trump accounts, these accounts are here.

They were already deployed on Form 4547 on our tax filing.

And the only way that children born since January 1st, 2025 can receive their $1,000 pilot contributions is by opening these accounts.

So they also, these accounts implement almost none of the best practices for children's savings accounts, such as automatic enrollment or a public trustee.

Given this, without the thoughtful outreach and the city's efforts to those who would benefit most from these accounts, we risk entrenching wealth inequality further.

Thank you.

Thank you.

Next up, I think I have Ryan Hurley.

And Tabitha.

Blackwell.

Good evening.

Good evening, City Council members, city manager, and city staff.

My name's Ryan Hurley.

I'm a Durham resident, parent, and a local business owner here since 2008.

I am so supportive of the children's wealth building resolution because it advances a simple but transformative idea.

Every child, every child should have a chance to build assets, understand ownership, and see a financial future for themselves.

Many of us in this room benefited because our parents or grandparents owned assets through a home, a retirement account, or investments in the stock market.

They also passed down to us a habit of saving, investing, and owning something whose value compounds over time.

Far too many children in the U.S.

have not had these advantages at the start of their lives.

Roughly half of American families don't own equities in the stock market.

That means millions of children grow up outside one of the core systems that helps build long-term financial security.

The new Invest America federal program gives us a chance to help close that gap by allowing eligible children to have a long-term investment account in their own name, beginning with the initial $1,000 federal contribution.

Imagine a child in Durham not just hearing about saving and investing, but seeing it in their own name, watching it grow over time, learning how it works and beginning to believe this is something I can do too.

Imagine that same child reaching adulthood with something of their own, money they've seen grow and compound, and the confidence to use it toward education, a trade, starting a business, or even buying a first home.

That's my time, but we've got an incredible opportunity in Durham, and I hope everybody supports it.

Thank you.

Thank you.

Good evening.

Good evening.

Good evening, Mayor Tim Pro Tim, and members of City Council.

My name is Tabitha Blackwell, and I serve as executive director of Book Harvest Durham.

Our mission is simple.

Every child deserves to grow up surrounded by books, by stories, and by adults who believe in their potential.

Through programs like Book Babies, we work with families from the very beginning, putting books in their hands and planting the seeds of their child's future is full of possibility.

That belief is exactly why we launched Bright Futures and partnerships with Latino Community Credit Union.

We currently manage and support child savings accounts for 248 babies right here in Durham.

May you know, because we know that raising a reader and building a future go hand in hand.

When a family opens a uh child savings account, when they see their baby's name attached to something that's growing is mentioned, it changes how they think about their child's future.

Just like handing a parent a bag of books, we know that this does the same thing.

It says someone believes in your child's future.

Right now, there's real federal money on the table for Durham families.

Thousands of dollars available to eligible children that too many families don't know exist.

This resolution asks the city to be a trusted messenger and make sure no family misses out.

That costs nothing but outreach and will.

Book harvest is ready to carry the message that we believe in our children's future.

I urge you to vote yes to the resolution tonight.

Thank you.

Thank you.

Those are all the speakers I have this evening.

I don't know if Council has uh any comments that they'd like to provide.

Councilmember Riss, this is your item.

I'm not sure if you wanted to say anything.

Yeah, I'll just say briefly.

Yeah, this is so this is as you heard the speaker say, this is all about addressing wealth inequality in this country.

We know from the Federal Reserve that 37% of families lack 400 dollars if they were to have an emergency with a car or a boiler.

So so many families lack any tangible wealth.

No one here expects I don't certainly I don't think anyone is room expected this would come from the Trump administration.

But the reality is there's a thousand dollars on the table for every child born after January 1, 2025 for four years.

Um so we can either say, uh, we don't want this, we don't like the name, or we can say this is a this is an amazing wealth infusion to every kid in our community.

It's between 2500 and 3,000 kids per year that would qualify if we get these accounts.

Um it's also for kids born before January 1, 2025.

There's also a 250 dollar deposit made made possible as you may have read in the papers by Michael and Susan Dell.

So anywhere from 35, 36,000 kids in Durham would qualify for a 250 deposit in a 530A account, and twenty two hundred twenty five hundred to three thousand kids per year would qualify for the $1,000 deposit in a 530A account.

All they have to do is claim the account and sign up.

So what we're what this resolution commits the city to doing is making sure everyone in Durham knows about this opportunity, as Ms.

Irish said from the Partnership for Children.

We want all kids in Durham as they grow up with healthy childhood education and parks to walk in and places to play, that they also are building their financial uh futures.

So the resolution is before the council.

I will say there was one request from Councilmember Cook to change the title in here from Trump Accounts, which is the statutory name for these accounts, to 530A accounts, which is the name the Treasury calls the accounts.

And that's fine.

Shakespeare said, a rose by internet, any other name smells just as sweets out.

I don't really care what the name is.

I want to make sure every child in Durham has access, claims these accounts to build wealth for the future.

Thank you.

Uh other than that change, colleagues.

Go ahead, Councilmember Burris and Councilmember Baker.

Just to clarify, can we um for the in the resolution?

Can you provide a little bit more um Castle Race a little bit more insight in terms of like what exactly the role of the city staff is in this resolution?

I think particularly a lot of city managers to write city staff to support efforts on the part of community partners and ensure Message are clear, frequent that all families aren't able to open an account.

So I want to know if you could unpack that a little more for me.

Or whomever.

I'm sorry, the question is so the impact on staff.

Is that the question?

Yes.

But like the role, like what does that look like in the case?

Right.

So um primarily what this does is with the approval of the council allows staff, whether there's a press conference or some other event that's happening, allows staff to participate in that and share information about that.

This is not committing staff to any particular sort of activities.

Um the Office of Economic and Workforce Development is 100% behind this resolution, wants to be able to support families not only with workforce training and jobs, but also wealth building.

And so this allows them to continue working on this, spreading the word about this to our community uh through the work they do.

And then for a record, because I am one of those, and I do appreciate your beautiful poet poet poetry, whatever you had going on down there.

Um, if we can like remove the reference to Trump and do simple as um Councilmember suggested, I will be comfortable for in those circumstances with a commitment for that.

Yeah, it's quite all right.

Thank you.

Go ahead, Councilmember Vaker.

Uh I had the exact same question about what exactly we were directing staff to do.

I had asked uh Councilmember Riss a little bit about it before, and uh was comforted that uh it's more passive.

If the opportunity arises, staff can uh make it known.

So, yeah, folks, uh sign up for your thousand dollars.

Don't lose your password.

Thanks.

I also will say, you know, I actually talked to the State Treasurer at an event over the weekend.

This is brand new.

Not many communities, in fact, nobody else in North Carolina is even thinking about this.

So we are way ahead on this, making sure that our kids are accessing these federal dollars, significant federal dollars.

So this is one more way not only for our individual kids who can benefit from this wealth infusion, but also we are a leader in the state, and speak folks will look to us, and I think there's gonna be a lot of cities that will follow us because the dollars are there.

Any financial advisor would tell you if there's free money in the table, you should take the free money.

Thank you.

So um what I have heard on the language is there anything there's referenced around a Trump account, it would be changed to children's savings account.

Is that the same?

Uh changed to 530A.

530A in the resolution.

And colleagues, we're good.

Okay.

So other than that change, um, I think our motion before us this evening is to adopt the children's wealth building resolution.

Could I please get a motion?

Some of Can I get a second?

Second.

Thank you.

Uh I have a motion and a second.

Madam Kirk, could you please open the vote?

Could you please close a vote?

Motion passes unanimously.

Thank you so much.

Thank you, colleagues.

The next item I have before us is the endangered species day resolution.

I have a few speakers uh signed up for that.

Again, you will be given two minutes.

Uh I will start with our online speakers first.

Um I have Ms.

Pamela Andrews signed up for item number three online.

Madam Kirk, I don't know if she's hearable yet.

Good evening.

Can you hear me?

Yes, Ms.

Andrews.

Good evening.

You have two minutes.

Thank you.

Um thank you to the Environmental Affairs Board and uh Member Astrid Cook for this resolution submitted by Councilmember Nate Baker for helping coordinate this important resolution adoption.

Recognizing the endangered salamander of the News River is important as it is one of the rarest salamanders in the Southeastern United States, which is why it is fairly protected.

The News River Water Dog needs protection.

Yet this is the this is the area polluted with sediment pollution week after week.

Establishing a day dedicated to endangered species is important.

However, there needs to be a clear protection for all inventory endangered species.

Durham should require that the natural heritage lands be protected as open space and should follow the National Heritage Registry Guidelines when it comes to the 300 foot riparian buffer for aquatic species, like the Carolina daughter fish.

No practical alternative applications should not be allowed in these aquatic buffers.

There must be even more efforts to protect endangered plants and animals in Durham.

The Natural Heritage Land and the TCC, the Triangle Connectivity Collaborative should both be recognized in the new UDO to guarantee the protection.

On Howard's place, Parcel had two endangered species of concern.

The Carolina Daughterfish is a fish species of special concern, as well as the DISEC tooth work, which is a protected species of special concern at vulnerable plant.

Both are within the natural heritage land, yet it was not recognized.

More time and commitment needs to be spent so these potentially endangered species before development is allowed to clear cut the land.

The natural heritage land is important as well as the TCC, which helps identify the wildlife quarters.

It is imperative that an environmental stand needs to be taken in this new UDO.

Thank you so much for your time.

Again, thank you, Commissioner.

I mean, Councilman Baker and uh the Environmental Affairs Board.

Thank you so much for this.

Thank you.

I have one in in-person speaker, Samantha Cropp for item number three.

Oh, there she's a good thing.

Hi, Council members.

Good evening.

Thank you for the opportunity to speak.

My name is Samantha Cropp.

I work as the Noose River Keeper with a nonprofit named Sound Rivers.

And I just wanted to say, um, echoing some of the comments in the speaker before me, that I do appreciate this resolution for the Endangered Species Act.

It's one of the most important environmental laws in our nation's history.

As a river keeper, my work to protect waterways depends on strong enforceable protections for the species and habitats that sustain them.

And here in the Noose River Basin, we are home to at least 10 rare and endangered species.

And that includes, of course, the Noose River water dog, as well as federally listed species like the Carolina Mad Tom, the dwarf wedge mussel, the Tar River spiny muscle, and the yellow lance.

Some of these species are found nowhere else in the world.

So if we lose them here, we lose them forever.

These species aren't just rare, but they are essential.

They help maintain water quality, support habitat, and sustain the ecosystems our communities rely on.

But today, these species face growing threats from drought, rapid development, and polluted stormwater runoff.

In places like the Lick Creek Bottomlands, a designated natural heritage area, the city has permitted extensive development.

Projects such as the 86-acre Howard's Place development have been approved in known endangered species habitat.

And even now proposals are under review that would impact over a hundred thousand square feet of stream habitat in that development area.

These decisions point to a troubling disconnect between Durham's stated environmental values and its actual development practices.

So if Durham is serious about protecting endangered species, it must move beyond symbolic recognition.

The city should require that mapped natural heritage areas are preserved.

This is a good first step.

Please align policy with practice.

Thank you.

Thank you.

Those are all the speakers I have signed up for that item.

Councilmember Baker, this is your item.

Did you want to uh say anything on it?

Sure.

Was there a third speaker?

She signed up for number four, is what we've been doing.

Okay.

Colleagues, this is a resolution.

I'm not going to read it all out.

I encourage folks to check it out.

The uh wording is is great.

It's a resolution spearheaded actually by the mayor of Boone, um, Dalton George, who also does uh lobbying in Washington.

Uh the good the good lobbying, the rare good lobbying.

Um this is to designate uh May uh May 15th, uh, 2026 as Endangered Species Day.

Part of the reason behind this, we are not the only municipality and local government in North Carolina to do this is that lobbyists actually use the communities that are doing this.

We at they add us to a number of communities that have passed something like this uh and they take that to Washington.

So we are we are feeding into a uh larger advocacy system uh to support the Endangered Species Act.

Um it was actually the members of uh the environmental affairs board who drafted this uh specific language.

Um you will also find in attachments uh an official letter of support from the land use and planning subcommittee of the environmental affairs board, who also uh commonly weigh in on um development review cases, rezoning cases, and annexation cases uh in Durham.

So many thanks to them, to Astrid, to David, and the folks um on EAB who put this together.

Thank you.

Anyone else have any comments?

Okay.

And so the motion before us is to adopt endangered species day resolution.

Could I please get a motion?

So move.

Second.

Please close the vote.

Motion passes unanimously.

Thank you.

Um the next items.

I wonder.

Do I have anyone?

Okay.

I'm gonna move the order around a little bit.

I I want to take up item uh we have a lot of speakers for item number four.

Number nineteen is pretty straightforward, and we don't have a lot of speakers, actually, any speakers uh signed up for that.

So I'm gonna do a uh agenda item number nineteen first.

I have a speaker than magazine.

Thank you.

I don't see that.

Sir, have you uh signed up with the clerk to speak?

Uh thank you.

Sir, when it's your time, I'm gonna call you up in just a second.

I'm gonna let staff do their part first.

Thank you.

Good evening.

Good evening, Mayor Pro Tem, members of Council, Manager Ferguson, Madam Attorney.

My name is Ryan Smith.

I'm director of the City of Durham's Community Safety Department.

The purpose of this public hearing is to receive resident comments regarding the draft proposed home ARP amendment to the fiscal year 2021 annual action plan and home ARP allocation plan.

The initial home ARP allocation plan that the City of Durham submitted to the U.S.

Department of Housing and Urban Development in 2023 committed $4,352,661 toward the development of approximately 25 affordable rental housing units intended to serve qualifying populations.

The City of Durham's substantial amendment to the home ARP allocation plan revises the previously approved use of home ARP funds by reallocating funding from the development of affordable rental housing to the provision of supportive services designed to assist people experiencing homelessness and accessing and maintaining housing.

Specifically, when I say supportive services, I mean providing financial assistance in the form of rent assistance, paying for arrears and other things that can pure clear pathways so that people who are experiencing homelessness today can access units as well as case management so that when people enter units we're able to provide the support they need to remain in units.

This public hearing is a requirement to submit a substantial amendment to HUD.

The proposed substantial amendment to the home ARP allocation plan has been available for public review since April 7, 2026, then will close on May 6th.

Notice of this meeting was properly advertised in the Herald Sun and K Pasa newspapers, as well as via the City of Durham's website.

The Community Safety Department, which serves as the lead agency for the Durham Continuum of Care led a strategic planning process as you all are aware from July through January of this year that focused on developing a unified coalition and a credible path toward making homelessness rare and brief in Durham.

The strategic framework was developed in collaboration with homeless service providers, health system partners, government agencies, people with current lived experience of homelessness in Durham and many others.

These stakeholders met together to assess our needs, our current systems capacity, and what it would take to reduce homelessness in Durham so that it's truly rare and brief.

After completion of this process, the community safety department in partnership with housing and neighborhood services determined that reallocating the funds to supportive services will have a significantly greater and more immediate impact on households who are currently experiencing or at imminent risk of experiencing homelessness.

Reallocating these funds will enable the City of Durham to serve hundreds of households experiencing or at risk of homelessness starting next year, provide immediate and critical assistance, including housing stabilization, case management, and crisis intervention, strengthen the community's capacity to address homelessness and rapidly return individuals and families to stable housing, including through the provision of rental assistance, increase system-wide flexibility to respond effectively to evolving needs, and importantly advance our year one goals to reduce the number of people who are experiencing unsheltered homelessness by 30 percent, youth who are experiencing homelessness by 50 percent, and veterans who are experiencing homelessness by 30 percent by next summer.

The strategic reallocation aligns with identified service gaps and priorities within the local homeless response system and ensures that home ARP funds are deployed in a manner that maximizes impact and timeliness.

The City Council is being asked to approve the draft proposed home ARP amendment for submission to HUD and to authorize the City Manager to execute all administrative requirements and contractual documents for the implementation of the amended FY 2021 Annual Action Plan and Home ARP allocation plan to reallocate funding to supportive services.

Comments made during this public hearing and written comments received from residents will be included with the submission of the Home ARP allocation plan, substantial amendment to the U.S.

Department of Housing and Urban Development.

Thank you.

Thank you.

You have heard uh the staff report.

I'm now declare this public hearing open.

First, do uh council colleagues have any questions or comments.

Okay.

Um if you have signed up to speak you over here, sir on this side.

Thank you.

And then just state your name.

You will have two minutes.

We have two people speaking.

We have Karen Miles.

Okay.

And if you have not registered to speak during Okay, thank you.

Just make sure you fill out a card if you haven't.

Okay.

Um good evening, City Council, good evening, um, Durham.

I am the Reverend Chris Rivers.

I'm here uh advocating against the approval of this uh real allocation of funds.

As I understand the context is is that when the RFP was issued, there were really no solutions at that time.

I'm not here just to advocate that we don't approve, but also I'm here proposing a solution.

We can, in fact, uh satisfy this need to provide 25 affordable houses to the City of Durham at the cost allocated to those uh in the proposal.

Um moving away from allocated uh reallocating these funds puts us out of alignment with housing permit and development.

They have already set their priorities and their priorities are to put actual buildings on the ground.

Our proposal does that.

Reallocating these funds also uh does not offer the city a return on the investment.

But the program that we are going to put forth and that we are putting forth, um it allows for the City Council to actually get a return on its vet in in investments, leaving the city um in a surplus of about 1.2 million dollars based on what our current situation is.

Um, right now we are in the state of homelessness and hopelessness.

People can't see a way to afford housing here in Durham.

We have solved that problem.

We can fulfill this order.

We we have the proposed order and we have the proposal here forth.

So today, we're just simply here to um ask the council to vote no reassigning those funds and asking that the council do all the administrative processes to actually administer us doing the 25 affordable housing uh units in this community.

Thank you.

Good evening.

My name is Karen Mangum Miles, and I am a um licensed real estate broker, and I've worked in the Durham community for about the last three decades.

I have a very strong um desire to see affordable housing as well as a strong stand to help reduce homelessness, because we deeply believe the solution to homelessness is obviously housing and then building all those resources and support around that to be sure that they are able to sustain and the longevity is there for these families.

It has been a very critical situation for a very long time, so we really um are committed to bringing those solutions as Chris mentioned to help solve this very um serious epidemic, and it is a national problem, of course.

We know it's not just local to Durham.

When we talk about solutions for homelessness as well as affordability, Durham is a city of innovation.

We all know that.

And Durham, we need to use that ingenuity we have to come up with very individual, unique solutions for Durham residents.

Durham is a very unique city.

Although it's great to look at things that other places have done, it's very important to look at what's going on here locally and what the needs are of Durham residents.

So as we gather some information to support some of the things that we want you to understand, 17 to 44 percent more, these homes that TCBG can offer are 17 to 44 percent more affordable than other media and sales prices.

And with the group with the city partnering with us, we would create 100 jobs.

There will be land improvement estimated 1.2 million to local vendors and suppliers, so there will be tremendous benefit, not just to the homeowners, but also to the local economy here in Durham.

So we really appreciate the opportunity to address the council and all those today.

Um just to point out again, this is this this program has a significant economic impact.

Over a hundred jobs created.

Sir, you're land improvement.

Thank you so much.

Thank you.

Good evening.

Thank you.

Thank you.

Are there any other folks registered?

Sir, can you just pass it to the city clerk, please?

Thank you.

Thank you so much.

Uh is there anyone else who has not already registered who would like to speak on this public hearing item?

You can go ahead and come up and then sign up after you speak.

Anyone else?

Okay.

Since there's no one else who wishes to speak on this item, uh let the record uh let the record reflect that no one else has signed up and the public hearing is closed and back before the council.

Council members, does anyone have any questions, comments?

On this item.

No?

Okay.

So at this point, I just need a motion.

Um first motion is to adopt an ordinance and excuse me, wrong one.

Um we to approve the draft proposed home ARP amendment for submission to the U.S.

Department of Housing and Urban Development.

HUD?

So moved.

Second.

Madam Klerk, could you please open the vote?

Could you please close the vote?

I don't know.

Not sh.

There it is.

Motion passes unanimously.

Thank you.

The next uh motion is to authorize the city manager to execute all administrative requirements and contractual documents for the implementation of the amended FY2021 annual action plan and home ARP allocation plan to reallocate funding to supportive services to qualified populations to include populations defined in 24 CFR 91.5.

So moved.

Can I get a second?

Second.

Thank you.

Madam Clerk, could you please open the vote?

Could you please close the vote?

Motion passes unanimously.

Thank you.

Mr.

Mayor, good to see you.

Would you like me to pass Gavel back?

Not yet.

Okay.

Good to see you guys too.

I was following it on YouTube, but I need to catch up on that.

Okay, thank you.

Uh the next item that we'll do is our item number four, which is the we we the agenda item number 28 allowed us to be able to hold um to take up item number four.

Several folks signed up for item 28 to speak.

I'm going to move you to item four to speak, so you're going to get your time.

We have lots of speakers.

I am going to limit everyone to one minute.

This and I I do want to uh council member.

Um I am going to limit everyone to one minute.

We have, I think, 40 speakers, so that's 40 minutes, if I've counted correctly.

I think we have 40 speakers between online and in person.

Uh we have several public hearings this uh public hearing items this evening.

I said that at the beginning of the meeting.

Um I do want to allow uh Madam Attorney or Councilmember Baker before we start calling up speakers to speak on this item a little bit if that's possible.

And I don't know which one of you is going to start.

Councilmember Baker, I'm gonna pass it to you.

I uh I'm gonna speak on this uh following public comment.

Okay, and so folks, just so folks are understanding that the the um ordinance before us is for a temporary moratorium.

Some of the parameters have changed.

Sure.

Yeah, I'll explain.

Yeah, I can I can explain that.

Okay, thank you.

A lot of folks came here tonight to speak on a uh 24-month uh moratorium.

That was the draft uh that had been presented, had been uh reviewed uh by legal and uh the planning department and was moving forward for the vote as of uh Friday.

Um there are provisions in the Unified Development Ordinance that these our own uh regulations um that have never been used because we've never done a development moratorium that uh limit uh the uh length of the maximum length of a development moratorium in our city uh to be 60 days without a Planning Commission review.

So what is before us tonight is a 60-day uh moratorium, uh which is the first step.

Uh and there can be there can be more to come from that.

And that's all I'll say now.

I'll have more to say later.

Thank you.

Uh are you comfortable if I continue to share part of that so folks understand that their minute tonight is not their only opportunity to comment on this because of what's going to happen subsequently.

Okay.

So first there will be a planning.

We do not take questions or comments from the crowd to us.

It would create chaos.

Thank you.

Um this will be your first opportunity to speak.

We are in process of working with the county.

We have a unified planning department, so city and county.

It is important that we move in alignment with our county colleagues uh because it can cause issues for us since we have a uh a merged planning department.

Additionally, this will have to come before planning commission.

Planning commission also allows you to speak on an item.

This will also have to come back to council down the road.

So you will have another opportunity to speak, so you if you choose.

And you will have an opportunity to speak in front of your county commissioners.

So with as many people as are registered, we appreciate your all of us are very concerned about this item.

This is getting national attention.

Please know that your one minute tonight is not going to be your only opportunity to speak if you choose.

There will be at least three other public hearings that you will be able to register and speak at.

I'm just sharing that because I heard some folks in the crowd being upset, and I wanted folks to really understand the process that is before us this evening.

So we are going to stick to the one minute.

Please don't jeer at us.

I'm going to call folks.

I'm going to start with online speakers.

And we'll let the folks who signed up for 28.

I'm just going to shift you to four automatically.

You do not need to re-register or anything.

Thank you so much for your patience.

Madam Clerk, I'm going to start with online speakers.

As soon as I can find my piece of paper.

The first person I have under uh online speakers is Cassandra Rowe or Rao.

Oh Cassandra Rowe.

Hi.

Can you hear me?

Thank you.

Real quick, I need to open the public hearing.

Thank you, Madam Attorney.

Um let me declare this public hearing open.

Uh first speaker that we have is Cassandra Rowe or Rao.

Thank you.

Good evening.

You have one minute.

Hi, thank you.

Um yes, I am a Durham resident.

I work in a domestic violence organization.

Um I organize with mothers for a ceasefire, and I'm also an artist and a mother.

And as a mom to a young child, I'm constantly thinking about who I'm raising him to be.

And one of the things that I hope to impart to him is that he has the autonomy, the power, and the responsibility to think before he takes action, especially when those actions risk harm to himself and other people and his community and the environment.

And this is a lesson he'll have to learn over and over again because it's popular.

It's tempting to do what's popular or convenient, and there are billionaires and politicians crafting propaganda that would lead him to believe that certain things are inevitable, and that his only choice is to get on board or be left behind.

And I'm not the only one who is responsible for teaching my son these lessons and our children these lessons.

And I think that we have a unique opportunity here.

Thank you.

Next up, I have Zach Otten or Outon.

Madam Clerk, is he there?

Good evening.

Can you hear me?

Yes, we can.

Good evening.

You have one minute.

Okay, thanks.

I had a uh amazing speech plan, but I'm gonna have to wing it a little bit.

Um basically I just wanted to uh speak in support of like the strongest possible data center moratorium.

Um, ideally at least 24 months.

Uh these data centers have a ton of drawbacks for the communities that they're built in.

They use an enormous amount of energy, uh, they're bad for the environment.

Uh they raise like utility costs at a time when folks are struggling to afford rent and groceries.

Um this is all so that AI companies can replace our jobs with AI so that investors and billionaires can become even wealthier.

And I also just wanted to say that if this is like an issue that you care about, you should uh try to get organized in your community and like talk to your friends and family, uh reach out to organizations like uh Triangle DSA, that's a group I'm with, uh labor unions, uh DAE UE 150, uh tenant unions like Tribal Tenet Union.

Um yeah, thanks.

Thank you so much.

So now um those are the only speakers I have online.

I'm going to call folks up uh in groups of five.

Uh so when you hear your name, please uh line up over here, and then you'll have uh one minute.

I have uh Ms.

Mimi Kessler, uh Sean Capel, Leslie Sandra, Latasha or Latusha Gibson.

And then Damian Goo.

Those are the first five speakers I have.

Maybe Andrew says that she's not cheating online.

She signed up in person.

Wow.

I just have her for number three.

Okay.

Good evening.

Thank you for for being with us.

You have one minute.

Good evening.

My name is Mimi Kessler.

I am for a moratorium.

Um, but 60 days is window dressing.

In reality, Durham does not need this um to be a home of a data center with all of its impact on environment and excessive water usage.

We don't need the economic stimulus.

As it is, we are struggling to fill the vacant jobs in Durham and housing for people moving here.

The moratorium should be for a much longer period of time, in fact, forever.

Thank you.

Um we're gonna the the faster the it will go better if folks just let us call folks up.

Good evening.

Are I don't think I think you're Leslie Sandra, or did I did I flip the order I have is Sean Cape.

Oh, sorry.

Sorry about that.

Yes, we are.

Howdy howdy.

Good evening, Council.

Good evening.

My name is Sean Cable, and I'm here tonight as a member of Democratic Socialists of America.

Uh I fully support Councilmember Nate Baker's two-month moratorium, but it is only a first step in protecting the city permanently.

I would strongly urge the rest of council to push for restrictions in the upcoming UDO on what types of data centers are allowed.

For the data centers that are socially necessary, uh, we need to look at how to regulate them effectively.

We should be looking at items like water usage uh limitations.

We should have limitations on zoning approval based on their proximity to schools, places of worship, recreational centers, and red residential areas.

They shouldn't be allowed to use diesel generators as backup.

I know that there are commissioners at the county level that are currently working on a 12-month moratorium, and I would suggest that the council continue to collaborate with them on the new UDO to not just prevent this type of harmful uh uh zoning, but to prevent other forms of harmful zoning in the future.

Thank you.

Thank you.

Go ahead.

Uh Leslie Sandra.

Hello, I am Leslie Saindre.

I'm here uh with community land and power as part of the stop data centers in Durham coalition.

We're invested in protecting all residents from the harms of big tech, AI data centers, dirty energy, and dirty real estate, all of whom are putting our lives, ecosystems, and futures at risk for profit.

Durham residents and every living being deserve the long longest, strongest moratorium, which will give us time for the best loophole pre permanent protections against these behemoths.

Unless y'all are ready to implement a complete and total ban, there's simply no way this planning department is equipped to understand the water usage, energy use, climate, and ecosystem impacts, displacement impacts, and how to make legislation with all that in mind to protect Durham residents in under 24 months, given that they have little to no experience with moratoriums or legislation to protect people and our econ systems.

Thank you.

Good evening.

Good evening.

Okay.

Yes.

So I am for the moratorium.

As environmental justice advocate with a background in energy research, I want to be clear.

What we are witnessed is not coincidental.

There's a concerning alignment between utility companies such as Duke Energy and the rapid proliferation of data centers.

Duke Energy is justifying significant rate increases based on projected energy demand that is at best speculative and at worst inflated to accommodate large-scale industrial users.

At the same time, there's a troubling lack of transparency surrounding these data center developments.

We e we often do not know who the end users are or what technologies are being deployed.

If these facilities incorporate generated AI, the energy demand increases especially exponentially, place an additional strain on the grid, and ultimately driving up costs for every residence.

So for us who studies issue closely, the need for moratorium is clear.

As public service, you have responsibility to act in the best interest of the community.

Thank you.

Ms.

Mr.

Goo, before you start speaking, can I please have Stephanie Ganz, Brian McKinnis, Mustafa El Aniada?

Jordan Grapple and John Hargett line up.

Good evening.

Good evening.

Hi, my name is Damien Ku.

Um I haven't been here in a while, so uh congratulations to Councilor Matt and Councillor Serneto.

Um I'm disappointed that uh speaking times are suddenly cut down to one minute each.

And that's exactly why I don't prepare my speeches beforehand.

Um I know most of you on council, but I'm not sure if I have a share that I am supposed to be a software engineer.

So data centers or dangerous AI is dangerous.

Well, actually, data centers are just bad.

But um it's uh something that we definitely need a moratorium on until we figure out how we're gonna deal with it.

Um sixty days is not the two years I was looking forward, but I will take that.

Uh thank you for consideration.

Thank you.

Thank you.

And good thing thank you.

And folks could just state your name when you before you start.

Thank you.

Good evening.

Okay.

Hi, my name is Stephanie Gans.

I'm a Durham City resident, and I work for an environmental justice nonprofit called Clean Water for North Carolina.

A moratorium provides an opportunity to pause and make sure that data centers do not worsen the environmental injustices like toxic dumping and wastewater issues that we already experience here in Durham.

Um, according to NC statute, a moratorium inspiration must be reasonable and may not exceed the time necessary to resolve the conditions that warrant imposing the moratorium.

It is very reasonable to put in place a moratorium that uses the maximum time that has been upheld by the Supreme Court of 32 months for our county and for our city.

We need to take the time to study this very carefully.

We're in a drought right now.

North Carolina state climatologist just said climate change is really removing the safety net from our water supplies.

Over the last hundred years, North Carolina's population is more than quadrupled.

And when you add things like data centers that are not people but machines that are consuming water, that certainly adds to the stress that the water systems face.

Data centers are also not paying their fair share in taxes right now, and there's bipartisan legislation to change that.

Data centers are causing huge increases in our electric bills.

Don't contribute to that.

Thank you.

Hi, my name is Brian McGinnis, and I just wanted to say in Marine Bootcamp, my drill instructor told me the pen is mightier than the sword.

So you guys are our real defenders against these threats that we have, which has been explained as far as the tangible pollution that could come from data centers.

Also, there's an enematic factor that you know AI is really stealing the journey part, the work aspect of us trying to create our thoughts through writing essays.

You know, a lot of people just you know AI it.

Um and there's a lot of you know dealing with computers with uh call centers and things that are degrading our humanity.

And I think this is a trajectory that's really bad for us and as a humanity.

So I really implore you guys to stick up for us against these data centers, which not only hurt our our environment, but also I will I think degrade our humanity.

Thank you.

Thank you.

Good evening.

Good evening.

My name is Mustafa Almeida.

I am a Durham resident, and I am a worker just like everybody else in this room.

And I am here today to say not only do I support the moratorium, but I believe that this moratorium should be extended as long as humanly possible, because these data centers will affect every aspect of our lives.

I've heard things about drinking water tonight, it will negatively impact that.

I've heard things about homelessness, it will negatively impact that.

We are seeing the impacts on education and the way it's impacting children.

Um there are just a plethora of things that I could bring up, and you will hear probably every one of those things tonight from the other speakers.

Um, but I just want to drive home the importance of the fact that there is no one issue that this moratorium will fix.

It will assist in all of them.

Thank you, guys.

Thank you.

Hey there.

Um, yeah, I definitely um am in favor of a moratorium.

I don't think two months is enough.

I don't think two years is enough.

Um I think you guys have said some really great things tonight, but to be blunt, if you meant any of them, then you will fight to expand this moratorium.

If you believe in fighting growing wealth inequality, then you will fight against these AI power cycles, which will only give money to the already wealthy while taking away many of our jobs, increasing prices on many other things such as our water and our electricity.

Um if you care about keeping our children healthy, both physically and economically, uh, you will prevent these AI centers from colluding our air and water.

You will prevent them from stealing our jobs and uh you know, damaging the minds of our children.

And if you care about keeping Durham beautiful, um, then you have to oppose these plans because they're gonna destroy our air, they're gonna give us disgusting uh smoggy skylines, disgusting drinking water, and they're gonna leave our economies destroyed, leave our people dirty and poor.

You have to fight it, please.

Thank you.

Thank you.

And then for John Hargett, is that you?

Thank you.

Good evening.

Before you start speaking, um and your time's not gonna start.

I'm gonna call the next five folks, and please remember to state your name so I can make sure I'm tracking where we are on the list.

Uh Rachel Perry, Andrea Casales, Tia Hunt, Shahoud Mustafa, Asutu Yagun, Jesse, I don't know.

Those folks.

Thank you.

Good evening.

Good evening.

Uh, my name is John Hargett.

I live in North Durham.

I'm here to advocate in support of the moratorium on building new data centers in Durham.

The most obvious concern with these data centers is the exorbitant water usage with industry estimates showing a single large data center can use up to a billion gallons of water per year or 2.7 million gallons of water a day during peak summer heat.

And we all know Durham summers are getting hotter and hotter with the consequences of the climate crisis that we did not ask for.

The second concern I have is on the economics of these data centers.

According to studies at Harvard Law School in a Bloomberg analysis, after aggregating wholesale electricity prices around the country, electricity now costs as much as 267% more for a single month than it did five years ago in close location to these data centers.

Lastly, on a more personal point, I'm a local musician.

Just today we learned that 44% of music uploaded to Spotify is AI AI generated now, with 75,000 AI generated songs uploaded a day.

AI industry is sucking the lifeblood out of the arts.

Thank you for your time.

Thank you.

And then um, there was one name that I missed, Tia Hunt.

So if you're Tia Hunt, go ahead and come on up to.

Oh, I didn't miss you.

Okay.

Good evening.

Good evening, Council members.

My name is Rachel Perry.

Data centers do not provide a service to the people of Durham.

They will be a means to extract wealth from the people of Durham and the nation as a whole.

And then disproportionately put the cost on whoever was unlucky enough to actually build these data centers.

I support a moratorium, not only for the two months, but extended indefinitely.

Right now, the AI companies that are going to be using these don't even have a plan to make these profitable.

Sam Altman said himself that he was gonna wait till AI actualized to ask it how to make it profitable.

So right now we'd be expected to take on cost with no plan of any return.

This is not in our best interest, and we need to put a hold on this until there's some plan to make this useful, if that is possible.

Thank you.

Good evening.

Good evening.

My name is Andrea Casales.

I've been a Durham nurse since 2019, and then the past year I got my doctorate, which means I know a lot about research or a good bit.

Um I'm very concerned because I don't know if you all know, but Nurses Week is starting on Wednesday, and I really don't care for a pizza party.

I don't care for the freebies at a restaurant.

I don't even care for a thank you.

What I care for is a ban on data centers here in Durham and honestly everywhere across the country.

I have seen the impacts that it does on people's finances.

I've seen the impact it does on their environments and in turn their health.

We are called the city of medicine, and if we're called the city of medicine, we have to act and being preventative instead of reactionary once harm is done.

Yes.

Saying no to data centers is actually the bare minimum.

And if you're gonna be protecting its constituents, especially being healthcare workers, the largest sector and Durham workers, then we have to make sure that we protect our communities in this way and so many other ways.

So I really urge you to consider the impact it's gonna have on the health sector, the environment sector, and also our pockets, which are our livelihoods.

Trust nurses, not AI, not developers, and no data centers.

Thank you.

Good evening.

Good evening.

Hi, my name is Tia Hunt, and I'm a citizen of the Lumberie Tribe of North Carolina and an organizer with seven directions of service, an Indigenous-led environmental justice organization here in North Carolina.

Um I'm here to express my support in this current resolution as well as a full 32-month resolution or moratorium for both the city of Durham and for Durham County.

There's very, very little certainty that these developments would bring any good to the working class people of Durham, but we know for a fact it will line the pockets of big tech.

Um these data centers will pollute our land and water and aid in increasing state surveillance on our residents during already concerning times.

A moratorium will allow residents and decision makers in Durham to learn more about these centers and how they can affect us.

And the language of the land, money and is saying, water is alive, and it's all of our duties to protect it as much as we can.

Thank you.

Thank you.

Good evening.

Good evening.

My name is Shahad Mustafa, and I 1000% support a data center moratorium, which will hopefully become indefinite.

Data centers are being sold to us as signs of progress, keys to the futures of our communities.

The reality, though, is that data centers secure the exact opposite and signal further destruction to our communities.

I ask you, council members, what do we as a community stand to benefit from data centers?

The idea that their existence would bolster jobs is a myth.

They increase property values that police people allege will come about have helped nobody but the wealthy.

And more tech related to business is not worth the lives of your constituents.

Please vote with your community.

There are other more urgent matters to be considered that take precedent to any data center.

We have not adequately addressed the affordable housing crisis here, gun violence, food insecurity, and other issues that play a role in how Durhamites lead their lives.

Our futures and livelihoods depend on it, and you.

Thank you.

Thank you.

Good evening.

Hello, my name is F Yo Tijacun.

Um I'm calling on the city and the county and the joint city county planning commission to um vote yes on a 24-month moratorium.

I won't belabor the point on what other people said, but I do find it extremely disrespectful that we all came here and we only get one minute to talk.

And we talk a lot about accountable and responsive government, and this is not what was demonstrated tonight.

And so, like everyone has already said, data centers will increase our cost of living.

Duke Energy is proposing another rate increase uh due to anticipated uh demand from data centers which need improvement to the our infrastructure to our power grid, and we will end up paying for that.

Uh, Duke Energy made five billion dollars last year, but we will have to pay for the data centers that will further increase their profits.

Thank you very much.

And yeah, but yes on moratorium.

Thank you.

Good evening.

And before you start your comments, I'm gonna call the next five speakers up.

Thank you so much.

Uh Wiley Cornblue, Angela Bell, Victoria Peterson, Samantha Krupp, and Annie Doran.

Go ahead.

Thank you.

Good evening.

All right, good evening, y'all.

I'm Jesse.

Um I'm giving you the cliff notes.

Don't worry, I emailed you the full thing.

Um, whether you adopt our 32-month original moratorium, start and stop with shorter ones, or pretend wattage limits could dissuade these companies, they will use any time we give them to pivot to smaller scale centers, transfer ownership of existing buildings rather than seek rezoning and straight up lie about the impacts of powering and cooling the servers to get these projects through without public input.

It will always be in their best interest to say whatever it gets to get you to buy in, and it will always be us who pays the price.

We don't have more time or more water to be guinea pigs for their cash grab.

It's infuriating to see how many people with power actively gambling with our future to chase the dreams of private companies that want a full-time surveillance state.

If any of us is going to make it through the next decade, we must end the narrative that this is inevitable and stop the turn of tech-to-tech supremacy.

Look to places like Tennessee, Georgia, and Utah.

People are already paying the price for data centers through displacement, illness, decimated environments, not to mention literally through power bills.

We must consider bans, robust land and water conservancy, heavy penalties, regulations and restrictions for existing infrastructure in our state, as well as reparations for people already impacted.

Thank you.

Thank you.

Good evening.

Good evening.

My name is Angela Bale.

And my nets.

It's okay.

I have Wiley next, but they can go after you if they're not here.

Is it okay to go?

Go ahead.

Good evening.

My name is Angela Bell.

Um, I am born and raised in Durham.

I'm appalled at this.

Um that it's even a discussion tonight.

Um I am definitely in support of the moratorium.

Um I'm also a registered nurse in North Carolina as the other lady.

Um the amount of health issues that data centers bring into communities.

People are unable to go outside of their houses without coughing.

Children aren't able to go outside and play.

I don't think this should even be a discussion.

It takes five million gallons of water a day to keep the service cool because they produce so much heat.

This isn't something that Durham needs.

I think it's time for each one of you all to search your hearts and ask: are you in support of yourself, your pockets, corporate America, or Durham residents?

Thank you.

Uh Wiley Cornblue.

Is that person here this evening?

No?

Okay, thank you for that.

Peterson, I'm Mrs.

Peterson.

I think if the city council can stay here until two o'clock in the morning, they could have given us more than one minute.

And they have done that in the past.

They've been here two o'clock in the morning.

I have several concerns.

First thing, Councilman Baker, when you speak, can you please tell us where you folks are looking at putting this facility?

Also, can you make sure when you have a meeting that the company will have a representative?

Is this something, Mr.

Mayor, that you folks are just trying to do on your own to put a data center here?

Or do you already have a location that that you already have something in mind where you would like to put the data center?

Please, Mr.

Baker, Councilman Baker, I want you to speak on that when you share some information with us, because it is not in the information that you folks have given us.

Also, I'm concerned we have seniors in this community.

I'm a senior.

My understanding, these data centers put out a whole lot of noise, put out a whole lot of noise.

I will be back, to some of the other meetings.

Thank you.

Hi, City Council.

Thank you again for the opportunity to speak.

Can I go ahead?

Okay.

Just for the record, you you are going to find very little daylight between what's been said and on this council.

I can confidently say that.

We are not putting data centers anywhere.

This is just part of the process.

We do have to bring this to the council.

It's a resolution.

It was presented and we're taking it up, but we don't have a plan to do that.

So before we have the other 100 people speak, I don't want folks to come up here yelling at council members thinking that we're putting a data center somewhere.

Trust me.

When you hear our comments, it'll make sense, but we're allowing public comment first before you hear ours.

All right.

I don't I hope no one told you all that that's what we're considering, because it's not.

Ms.

Peterson, nope we're not gonna do that.

Thank you.

Go ahead.

That's quite functional.

Why don't we talk about that?

Hi, my name is Samantha Cropp.

Thank you for the opportunity to speak.

I support a data center moratorium, and I echo the message of many here that we need more time to do it right.

When it comes to data centers, there are many dangerous unknowns.

For instance, we don't actually know how much water these facilities truly use.

We don't know where this water will come from, which is especially troubling given the ongoing drought conditions and increasing demand for water across the triangle.

We also don't know the quality of the water that is used and discharge back to our rivers.

Data center discharge may contain biocides, heavy metals, potentially PFOS, which are forever chemicals.

And this is not a trivial risk to communities who rely on our rivers for drinking water.

With so many unknowns, Durham does need the time to do it right.

We need the time to establish clear, enforceable safeguards.

It needs a permitting process for high volume water users and meaningful enforcement mechanisms.

And finally, Durham needs to put long-term protections in place to ensure water resources are not degraded.

This work cannot be rushed.

A 24-month moratorium is the bare minimum needed to get the answers to build the safeguards and protect Durham's waterways.

As a soon-to-be mother, I'm concerned about our future, and I hope that you do what's right for our community.

Thank you.

I'm gonna call the next five folks up.

Thank you, and then let you speak.

I have Gabriela Lott, Jade Brooks, Pablo Friedman, Ashley Daniels, and uh Isak Hessel Robinson.

But that's what we're thank you.

And and for the folks who signed up as uh under 28, I'm just calling you up as for item number four automatically.

Good evening, thank you.

Thank you, and thank you for the opportunity to speak.

My name is Annie Doran.

Um I'm sure that many people have spoken on all these topics more eloquently than I can.

But uh I do want to point out that one of my passions is uh clean drinking water and uh wetlands um and waterways.

And one of my great concerns is the presence of chemicals and PFAs in our drinking water.

North Carolina uh infamously does not have great drinking water in many areas.

There are some areas where the water is not particularly safe to drink.

I would really hate to see that happen in Durham County.

Uh furthermore, uh something I don't think I've seen pointed out tonight um is the infrastructure that it takes for these uh AI data centers to exist.

Um what we saw up in Person County was uh uh natural gas plant created, and then lo and behold, we hear that uh data center was being announced shortly afterward.

So I think we have to take into account um some of these other possible polluting factors, um, such as natural gas plants that it would take for these AI data centers to exist.

Um thank you so much.

Thank you.

Good evening.

Good evening.

My name is Gabriela Lott.

I'm a Durham resident, and I'm here to join the calls for multi-year moratorium on data centers.

Um, I want to talk a bit about what's at stake if we don't pass a moratorium.

Um, so what's at stake for y'all as a council is simple.

It's gonna shoot yourself in the foot.

Data centers will undermine the work you do on things like affordable housing because it'll increase competition for land to build homes, and even if you can get people into homes, there's a data center raising their electric bills.

Now they have to choose between paying rent and paying for things like AC.

It'll cancel out the work you're doing on economic development because these centers offer next to no permanent jobs and they're contributing to widespread layoffs.

Finally, it'll squander the city's financial and environmental resources because data centers will rob us of tax revenue and our water supply.

Um, what's the sake for me as personal?

I'm from York County, South Carolina, and every time I go home, I see how a 400-acre data center is impacting my mom's neighborhood.

People talked about the noise, waking people up out of their sleep, and we know about the health costs that come over time.

Um so I'm asking today pass a long and strong moratorium and learn from places that didn't.

Thank you.

Uh Jade Brooks is next, then Pablo Friedman, then Ashley Daniels, and then Isaac or Isak, Hessel Robinson.

That's the order I have.

Thank you.

Good evening.

Good evening, I'm Jade.

I want to thank you all for hearing this all out, and I know that you all support what we're talking about, and that ultimately you all I believe want more than the two months we're gonna get tonight.

So what I'm asking you all to keep fighting with us behind the scenes.

Get into the meetings that only you are able to sit in, fight for the county to make us much longer than we want.

We know we need multiple years because we with the staff too.

We want you all to have the time you need to do all that's going to be necessary to fight back in our community against these.

And I know that you all are probably feeling that we're part of a growing resistance, not only to data centers, of course, but also to big tech's role over our lives, to big oil and gases roll over our lives, and this is part of what we do to fight back against authoritarianism, which I know you all care about.

Thank you.

Good evening.

Right.

Good evening, everyone.

We got one minute.

Maybe we should have all been developers tonight to get 10 or 15 minutes, but we'll do with one minute.

Um it is what it is.

Um I first want to begin by talking about the process um to get to this podium tonight.

So some of us were waiting for 10 or 15 minutes to sign up.

Um, I think when we talk about uh the processes that we're using, if we have to wait 10 or 50 minutes to sign up to speak for public comment, I think that might be a time to move to the more analog system of the yellow card, so we don't have to wait for 15 minutes.

Thank you, Councilmember Baker, for your supportive comments during public comments, but we need to revisit that process.

I also want to talk tonight about how we got to this point.

So, my understanding is that county staff send over some information to you on that's now why it's watered down.

I do think it is interesting when the rules get enforced when it comes to these types of issues.

So, for example, Lee Village, that redevelopment proposal.

You don't have to do a TPO, you know you have to do a TPO, and you still pass it up, and now you're getting sued for it, right?

When we talk about the UDO redevelopment, right, you're threatening to get sued and then you pause it.

Know when you choose to enforce the law and when you choose to leverage the law.

Thank you.

Good evening.

Good evening.

My name is Ashley Daniels.

I work at Toxic Free NC.

Durham houses five contaminated public parks and is still learning the extent of contamination in Burton Creek.

We do not need to create another mess that a future generations will be obligated to clean up later.

Data centers rely on the use of PFOS substances and other toxicants to power their servers and keep their machines cool.

We do not need to add another source of PFOS contamination to our communities.

Yeah, thank you for your time.

Thank you.

And I'm gonna call the next uh five.

I think I have five more.

Um Sarah Yannick, Nicole Drapluk, Edgar, Alex Trejo, Ava Page, Bonnock.

Thank you.

Good evening.

Uh my name is Isaac Hessel Robinson.

I voted in the recent Durham primary election, partially based on my opposition to AI.

I recently graduated from a tech-oriented college with a degree in computer science.

Uh, and I work uh I was brought to the triangle to work at a major tech employer.

I do not know any tech-oriented people who do not virulently dislike AI, has minimal to no positive benefits on society, and numerous negative ones, including replacing critical thinking, mastered skills, and uh uh skill and uh those three with uh dependence on AI, uh enables mass surveillance by governments and corporations, opens new fronts for sexual assault and harassment, and contributes to the widening wage gap by eliminating jobs at all skill levels.

Uh I believe that we should not in any way subsidize or enable this incredibly dangerous technology because these are problems that can never be engineered around.

Thank you.

Thank you, good evening.

Good evening.

My name is Sarah Yannick.

I grew up here, and I'm also an environmental educator.

I support this moratorium.

I learned early in my career that we live not far from the place that many people credit as the birthplace of the environmental justice movement.

Warren County, where concerned citizens protested a landfill that would bring thousands of truckloads of carcinogenic waste into a community that was 60% black.

That protest and others after it taught me that environmental protection and social justice are not separate fights.

Our care for the land and water are a core part of how we care for each other as humans.

Durham's well-being depends on the well-being of the water and land in and around Durham.

We need to be stewarding our waterways so that we will have the water we need in coming decades.

That water is not guaranteed.

It depends on our protection, on the protection that this council must exercise tonight.

Thank you.

Thank you.

Good evening.

Good evening.

My name is Nicole Japeluk.

I'm a volunteer with Nostro Barrio, a volunteer run community center on Driver Street and a resident of East Durham.

I'm here to urge the city council to pass and extend the proposed moratorium and put the people of Durham above tech billionaires.

There are a few issues that need must be considered for future regulations.

Data centers devour electricity in our water supply.

In Wisconsin alone, two hyperscale facilities are expected to use more energy than every household in the state combined.

More electricity means more carbon emissions, more climate catastrophe.

We cannot ignore who gets hurt first.

Developers target low-income communities and black neighborhoods, both for data centers and the fossil fuel plants needed to power them.

Long-term exposure to these fumes cause asthma, cancer, heart disease.

That's not innovation, that's environmental racism.

Bloomberg recently reported that half of all data centers for 2026 are going to be delayed or canceled.

There's clearly community pushback across the country and Durham will be no different.

We should have the political power in our hands, the communities directly impacted, not the communities of tech, not the hands of tech billionaires or corporate politicians who will sacrifice workers, poison our communities, or distort our future just to line their pockets.

Pass and extend the moratorium.

Thank you.

Good evening.

Good evening, Council and everyone else.

My name's Edgar Arrietta.

I'm a proud member with the Triangle Branch for the Party for Socialism and Liberation.

And I grew up for 17 years of my life in Warren County.

So I grew up uh hearing these stories of the protests in, you know, this small town in North Carolina being the birthplace for environmental justice in our country.

And, you know, seeing in just these past few years, we have seen, we know we have data, we have real people who have suffered and have been exploited from these data centers, from these corporations, from these AI booms that are just eventually going to fall because they're not turning a profit.

It's all speculative.

And I've seen very recently, in fact, the consequences of what not planning for our future can lead to.

Um I'm sure that y'all will do the right thing.

Um pass this moratorium, continue to work with the community with for the 32 month maximum that we have.

Um I'll wait and see it.

Thank you.

Thank you.

Good evening.

Hi, good evening.

My name is Alex Trejo.

I'm an organizer with Nostro Badio in East Durham, and I'm asking the city of Durham to vote in favor of a two-year minimum data center moratorium.

When we make decisions that would drastically change the layout of our neighborhoods in our entire city, the people who live here deserve enough time to have a real say in what those changes look like.

Data centers consume massive amounts of energy and carry serious environmental impacts.

And that consumption has been shown to raise electricity costs for residents across the country.

With the cost of living already climbing every year, Durham families simply cannot afford another increase to our utility bills.

We've already watched Durham transform the interests of a few.

An influx of private capital developers and luxury apartments has reshaped this city while many of the people who built it and still work here every day are being pushed out by the rising cost of living.

This is large part of the result of hyperdevelopment that prioritize outside investors over the residents who call Durham home.

Bringing in data centers without a clear community informed plan would not only deepen that pattern, lock locking us into long-term commitments with corporations that we cannot easily undo.

Thank you.

Good evening.

Hi.

Of course, in line with the long history of environmental racism in this country, this disproportionately affects communities of color in all the places we've seen this happen so far.

Some of the largest data centers being built now cover hundreds of acres with steel and concrete endangering our ecosystems and environment, and they use water with little to no transparency about the amount taken from local water sources, typically drawing from a single source to satisfy AI inquiries across the world.

We are currently in a drought.

I hope that you will support the moratorium for the longest amount possible and use that time to implement regulations to place strong limitations and transparency requirements.

Thank you.

Thank you.

Those are all the speakers I have signed up.

So I'm going to declare this public hearing closed and back before the council and back before us colleagues for comments or questions that we may have.

Mayor Williams, do you want me to finish this out before we take a break?

Okay.

Thank you.

Uh we're gonna finish this discussion item, colleagues, and then take a 10-minute break.

Uh but I'd rather finish and vote and then take a break versus cut us off in five minutes.

Uh anyone have Councilmember Baker, go ahead.

Thank you all for being here.

Thank you to all of the speakers uh who spoke so eloquently to the dangers of hyperscale data centers.

We are here tonight because of you.

Because you wrote to us, you called us for meetings, you gave us text messages and phone calls.

You made this you put this on our agenda.

You made this uh as important as it as it could possibly be.

And there were a few of you who are the tip of the spear who put pen to paper and reached out and worked to make this happen.

And that is why we're sitting here tonight, and I want to name a few of those uh groups uh who have done this work.

Uh Community Land in Power, uh, I think uh has done incredible work.

Clean Water NC, uh North Carolina Environmental Justice Network, um Merrick Moore uh community development corporate uh corporation, and so so many others.

I can't name them all, uh, but shout out to to all of you, to the DSA, to PSL, everyone who's uh raised your voice uh to this issue and how important it is.

Uh again, many of you expected to see a 24-month moratorium when you came here this evening.

Um for reasons that I I think you now uh see we are at this point uh temporarily stuck with uh 60-day uh moratorium with uh with more options uh moving forward.

Um tonight, in keeping with the UDO, we are going to be voting on the 60-day moratorium that buys us time to bring forward more robust language for more robust moratorium.

I will say this.

I think that it is vital that we have no less than a 24-month moratorium on hyperscale data centers in the city of Durham.

Why?

The enabling legislation in Chapter 160 D of the state statutes is is pretty clear about moratorium, and we need to have a reason.

Why would it be six months?

Why would it be 12 months?

Why would it be 24 months or more?

We need to be able to explain why.

The longest moratorium in the state of North Carolina right now is 12 months.

Um that's what we've typically been seeing.

However, the evidence is piling up.

Uh we see that hyperscale data centers are having detrimental impacts in communities across the state, but also across the United States, across the South.

Uh many people uh who came here this evening have spoken to those very eloquently.

They're impacting water.

They're impacting electricity, they're impacting fiscal outcomes, they have negative impacts on social justice issues.

They're locating themselves in places where the poorest live.

Um, they are raising temperatures, uh, sometimes extremely uh close to where they are.

Uh and they have uh so many other potential impacts that we might not even know about.

Uh we do not want these impacts in Durham.

I am concerned that other communities have not given themselves enough time to thoroughly understand this complex issue.

Uh, yes, they can extend their moratoriums, and I do think that we're probably going to see that.

But the safe route is just to uh adopt something longer that meets the moment and the need.

Uh, this is a fast evolving issue that requires time.

The best practices on this issue are constantly changing uh and being updated.

Durham is the first of North Carolina's major cities to not the only one, the first one to be looking at a moratorium and developing more robust regulations.

Durham is in the middle of a stalled UDO process, and that adds additional complications for us uh in particular.

And then finally, I have spoken with experts across the state.

I've spoken with our counterparts in other communities uh in North Carolina who have passed moratorium.

And because of all those conversations that that I have had, because of all of these reasons, I do believe that we are justified in a minimum 24 month uh moratorium.

So I'm disappointed, uh, like many folks that that we are not approving a clean 24 months uh this evening.

But I see this as a first step.

This is Durham's first development moratorium.

Durham is the first, not the only, but the first of North Carolina's major communities to do this.

And when the moratorium goes into effect, I am counting on a highly engaging and collaborative process with the community, especially those experts who have played a key role in putting this moratorium forward, the technical experts to do the research, to study the issues, to study the best practices, and ultimately to put in place the best high-quality regulations that we possibly can.

And my hope is that Durham sets the standard, at least for North Carolina, for hyperscale data center regulations and what they should look like.

Thank you, Councilmember.

Uh Councilmember Burst, did you have anything?

Good evening, and thank you all so much for your um advocacy and your organizing work as we I share the same sentence with many of you in regards to not want a data center in our community.

Um also to your appointments.

Peterson, I had the same question initially, like where's proposed data centers, so I do agree that we can message a little bit better.

I recognize that our staff has moved very swiftly to try to address these as it came before us in the work session a couple weeks ago.

So I think that moving forward, it will be um while support this, we just need to make sure we figure out all other legalities that we so we can move forward, and if we may provide it a little more time, possibly could have um got that clear.

So while 60 days is a start, I feel it just feels like 60 seconds to me.

And so I look forward in the immediate future as to learning more and making sure we work in close with our staff to learn more about what our options are, as well as using our voices to compel our colleagues to um maybe explore a longer moratorium as well.

So thank you all again for your advocacy and I look forward to hearing from you on additional occasions, but I just want to also compliment our staff for being a minimal flexible as you all have had to pull this together on very short notice.

Thank you, Councilmember Burst, Councilmember Kopak, and then Councilmember Risk.

Oh, no, okay.

Thank you.

Yeah, thank you.

Uh Madam Mayor Pro Tem.

So, first of all, uh happy nurses week starting on Wednesday.

Appreciate that.

Uh, my wife is also a nurse.

Um wanna say that I am uh firmly in support of the hyperscale data center moratorium, which I believe is an important statement of our values as a community, the environmental impacts, the impact on our water supply, the impact on utility rates, uh, and the lack of jobs and real community benefits are clear.

I appreciate the most important source of renewable energy here this evening, which is all of you who showed up to advocate.

And I want to thank you all as individuals uh as well as uh organizations such as Song, Community Land Empower, uh North Carolina Environmental Justice Network, and many others that came together in coalition to advocate this evening.

Uh this has moved very quickly, and that's because of the urgency and interest.

Um uh much quicker than most agenda items that come before this council.

And so I certainly understand uh the reasons for shifting to the 60-day pause at this time while we work with the county and and stay in compliance with our our our UDO uh to make sure that we put in place effective regulations uh which I intend and uh uh on supporting uh the 24 month moratorium uh when it comes back before us.

Um I'll just note that as the uh mayor pro temp said, there are other opportunities for advocacy and economically speaking, the county is where we would likely see a hyperscale data center attempt to locate.

So I encourage you to bring the energy to the county during the public hearing, um just as you have here, and I look forward to a joint uh unified uh approach to addressing this issue for our great city.

Thank you.

Thank you, Councilmember.

Yeah, I just want to I know that's a long meeting.

I just want to echo the comments of my colleagues, want to appreciate all the folks here who have spoken and the organizers I will support this enthusiastically.

So thank you for being here.

Thank you.

Mayor Williams.

Yeah, thank you.

Uh just briefly.

Um I like I said earlier, I think everyone on on this council is is in support of this.

Um I am probably on one of the very few occasions.

Um I don't know, I might be a bit more aggressive on this than you, Councilmember Baker.

Uh I I think that you know Durham just needs to indefinitely uh have a moratorium on megawatt data centers.

I will say that there is some language that's being worked on at the county level as well as the state level.

Uh and I want to talk a little bit just uh because I saw some familiar faces in here tonight and and I just want to appreciate their concern on uh recent incident.

Uh something that a mayor does is we listen to our community and then we go and speak on behalf of our community.

And one thing you're gonna find me doing is you're gonna find me uh trying to find the best options forward.

Um I understand that people use data centers.

I understand when you pick up your phone, this phone is tied to a data center somewhere.

I understand I'm not gonna not be in reality, but I also am gonna be very vocal, which uh in regards to land that we have here in Durham.

We don't have the space for it.

Nor do we want that in here.

We we have a housing crunch as it is already.

And if these data centers and the people who own them are wealthy enough to have them, then they're wealthy enough to build infrastructure in areas where it's needed.

Uh but Durham is not the place for it.

I've been very clear about that.

But you're gonna hear me talk to them.

You're gonna hear me try and figure out what solutions they can bring.

And right now, there is no federal guidance nor state guidance.

And so we're we're kind of left out here on our own right now.

Uh and and I have spoken to Duke Energy and others, and uh, you know, I'm gonna try and seek solutions with them.

That's what we do.

We we speak to people, we try to find solutions, and we speak on behalf of the interests of our community.

Uh if you haven't paid attention, pay attention to Northern Virginia.

Northern Virginia wanted data centers.

They invited demand and they enjoyed the revenue that they bought in.

And now they are humming machines behind their homes.

Uh, it is a very uncomfortable living condition, and it's a high populous area.

So I I I know the data centers are going to go up somewhere.

I know that they're gonna go, they're gonna they're gonna build.

I know that.

But I think that until we get some clear guidance around where is most appropriate, and therefore we have to make sure that we are getting ahead of it.

When while there is no guidance, we can put our own guidance there.

Um I've been very clear this is uh a poor use of land, it's low number of jobs, and there are other creative ways that we can generate sales tax revenue.

Uh I invite you to support our small businesses.

I invite you.

Durham is still majority locally owned, so therefore, a higher return on the dollar stays local when you shop local.

We can generate sales tax that way, rather than being bringing uh large establishments like this into the area.

Um again, the federal and state levels just don't have the guidance for us, but I will say I want to shout out um State Representative Renetta Austin.

She actually has a bill that she's sponsoring that puts some type of language uh and some rest some guidance and structure around the use of data centers across the entire state.

So uh I would appreciate having a little more time to work with our county colleagues and our state colleagues.

Uh I I actually would like to send this back and and and work on the indefinite one and have more of a uh tiered approach uh that that addresses us here locally.

Uh if not, we'll we'll do this for 60 days.

Uh but I I will say that I I also may entertain the idea of a of a task force where we can work with our county and state colleagues.

Um colleagues, I may reach out to you all about that as well.

Just be on the lookout.

That that way we can potentially have some vertical alignment and we pass it all at the same time if you all will be interested in that.

Okay.

That will be all my comments.

Mayor for a minute.

Mr.

Wanna comment?

Um this is for the staff.

I don't know if the um city manager others can address this.

We've been getting some comments from residents that there's I know this has been a fast-moving topic, and that there are different potentially different versions of the resolution online on the agenda, whatever.

So just make clear that the agenda that we're or the resolution we're voting on is the one that's in our packet tonight, regardless of what else may be on different sort of online agendas.

It did change.

Yeah, respectfully, I'm gonna defer to the city attorney because the attorney's office managed the item for us.

Thank you.

Um thank you, Mr.

Manager.

Thank you, Councilmember Rist.

What you're voting on now is actually an ordinance, not the resolution.

You've already passed and adopted the resolution, which was to set this public hearing.

The ordinance that's before you right now has been modified.

It originally was in the agenda process for 24 months.

And again, as we discovered, there's actually a limitation in the UDO that if we were gonna adopt a 24-month resolution, it had to first a 24-month moratorium.

I'm sorry.

It had to first have gone through the Planning Commission.

Um, and we didn't have time to do that before this evening.

The other issue is that we had gotten word, we we do have a joint UDO and a joint planning and development department that we share with Durham County.

And we had gotten word that the county is also looking at this issue.

And it's really, really important that the two jurisdictions be aligned because of that joint structure.

Um it would be really problematic for the planning and development department to administer something if the city were to adopt one standard and the county adopt a completely different standard.

So I think it's really important to see if the county wants to act in this space.

I don't know that we've definitively heard as yet.

But also if they do want to act in that space, it's pretty important that the two jurisdictions try to align their approach.

I appreciate that additional information.

And again, and sorry, the ordinance, right, not not resolution, but I just want to make sure that the ordinance we're voting on is the one that's in our packet, correct?

Regardless of what else.

Yeah, that's what everybody's doing.

Correct.

Gotcha.

Yes.

And I do also want to clarify there have been lots of statements about wanting a 24-month.

There have been some statements made this evening about 32 months.

It's also important to recognize that the Durham Unified Development Ordinance limits moratorium for development purposes to one year.

That's our own locally adopted legislation.

Thank you, colleagues.

Is there anyone else with any comment or questions?

Yeah, uh, just real quick.

I I just want to reiterate, we don't even have the land for this.

So the importance of uh the importance of make mass megawatt uh data centers.

Um we don't want any particular land that does or structures that do exist to be converted.

That's really important as well.

Um but I will say I spoke with uh some colleagues at the county and they are moving on this as well.

Uh I will say I also would like us to be as consistent as possible on this, working with the county and our state colleagues.

So we're if we're passing the ordinance tonight, do know that modifications will come uh so that we can be on the same page with them.

Thank you.

Um I just want to appreciate everyone who spoke.

I want to also lift up uh Councilmember Baker, I appreciate you listing some of the the groups.

Uh some of the folks that um had reached out to us are Southerners on New Ground, Community Land and Power, Clean Water and Sea, Merrick Moore CDC, Sound Rivers, Mothers for a Cease Fire, the Durham Art Guild, Carolina Jews for Justice, uh Durham Orange County, Jews for Jewish Voices for Peace, uh Triangle NC, Moms Clean, Mom's Clean Air Force, the NC Environment, and the NC Environmental Justice Network.

So I know that there's been a lot of folks uh working on this in this space, including some other groups that were named this evening when they spoke.

Um I just want to share with folks here.

We don't always agree on development on this dais, but a data center is not housing.

A data center at the scale that we're talking about, this is not to support local hospitals, health care.

We know that in some cases we have to have those.

Um that we are quite frankly, we already have some of those.

They're in the park, Duke Hospital has some of these things.

They've been here.

That's not what we're talking about this evening.

And I know that's what many of you said, and that's what your comments referenced.

I just really want to lift up that housing and data centers and AI and big tech and defense companies, it's not the same.

And we really do need to have nuanced conversations on what some of these things are and what the threats are to our communities because they are real threats and they are legitimate threats.

Um there was never a question.

I know there were I've had some meetings with some community groups, I've had some email exchanges.

Uh it was never a doubt in my mind that there wasn't going to be unanimous support for something like this on this council.

It's the same way that there's never a doubt in my mind on any single council I've ever served on.

This is my third mayor, this is my ninth budget.

You don't fight about a GPTQ rights in Durham when you're an elected official.

You don't fight if whether you're pro-life or pro-choice, you are pro-choice in this community.

You do not fight around immigration and standing up for our neighbors.

That's who you have to be to serve in any capacity in Durham County.

That's the expectation of almost every single resident I've ever encountered.

And that means that's a blessing that we live in that type of community.

But this isn't a fight.

This is an acknowledgement and affirmation of what communities already asked for.

We have a lot of work to do before us around what the county is going to do, what we can do, what the opportunities are in the LDC, the upcoming UDO around a moratorium.

There's right, we have a lot of questions, but I believe in our legal staff, uh, several years ago, I think when HB 153 censited, Madam Attorney, we had to work around non-discrimination ordin language for housing and jobs for our queer community.

And we had to work with the county because we wanted unified language that the county and the city adopted at the same time.

And we passed that language.

And it was unanimous on both both boards, and it was different county commissioners and different city council members that are before you.

So I just am sharing that as an example of the community you live in, the elected officials that you have, and the neighbors that you have.

And in this moment, when we are fighting on so many fronts, this is hopefully not one that we're gonna have to fight with residents and electeds.

We're not always going to see eye to eye on some other things.

We're probably gonna fight here in a couple cases, and that's fine.

But this is not one of those moments.

This is where I this is where I can feel deep pride and know that we are unified and know that the billionaires, and thankfully we don't really have any who live here, um aren't going to keep stealing our future from us.

So I look forward to working with colleagues.

Thank you, Councilmember Baker for introducing this and for community groups for bringing it forward.

And I will look forward to working with our county commissioners and making sure that we get this right.

Mayor Pro Tim.

Since there was such organizing tonight, I'm going to ask you all for a favor.

Uh please pay attention to what's happening at the state level as well.

Uh, I think many of you know I'm from Halifax County, and uh I had to step in and help out from a distance, but there was literally language at the state.

Potentially authorizing a single county to infringe on three other counties.

I think someone said they were from Warren County and someone from the Hollow uh another uh tribe or whatever, but literally uh Franklin County was going to be able to take land with or without consent from Warren, Vance, and Halifax to allow them to utilize their water, utilize their land and their grid for this.

So please, Durham is your low-hanging fruit.

As a matter of fact, in many cases, and like this one, we're the fruit that's already fallen off the tree.

We're gonna have to have to climb higher up the tree because there are some things going across going on across the state, but your organizing powers could really be useful.

It's this is easy in Durham, but there are some folks across the state that really need our support.

And and personally, I'm asking for my family.

We we could use some of this organizing power in some other parts.

Thank you.

Thank you.

And with that, um, the motion in front of us is to adopt a resolution to set a public hearing to impose a temporary moratorium on development approvals for data centers, cryptocurrency mining operations, and any use of the Mayor Pretend.

Yes, ma'am.

I'm sorry.

We're on item four.

Oh, good lord, thank you.

That's what we did earlier.

Um, to adapt.

So the motion before us is to adopt an ordinance imposing a temporary 60-day moratorium on development approvals for data centers, cryptocurrency mining operations, and any use associated with data center processing facilities within the city of Durham, pursuant to NCGS 160 D-107.

Could I please get a motion?

So moved.

Second.

I have a motion and a second.

Madam Clerk, could you please open the vote?

Could you please close the vote?

Motion passes unanimously.

Thank you, colleagues.

We are on break for the next 10 minutes.

Okay.

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I think we're gonna I think we're gonna get started.

I think so.

Ladies and gentlemen, colleagues, I need colleagues back on the dais.

Let's go.

And I'm gonna go ahead and get us started because we are already at quorum.

I do want to announce that the Keynes game is tied up.

For those who are paying attention.

Third period, we're tied up two two.

Council member Burrs is picking on me.

I also never watched a hockey game until my kids start playing hockey.

So uh I think um the next item.

Sorry, y'all, give me a second.

I'm gonna keep us going and we'll wait for um okay.

The next item I have is a public hearing and economic development incentive agreement with AMAC Properties Inc.

Um we have a public hearing, so I'm gonna go ahead and do oh, we have staff here.

I'm gonna hear the staff report and then declare the public hearing open.

Good evening.

My name is Chris Dickey with the Office of Economic and Workforce Development.

Before using item to consider approval of a proposed agreement between the City of Durham and AMAC properties incorporated.

When a family opened Mosella's professional complex in the late 1980s, one of the first tenants was a daycare center, reflecting their deep commitment to care and community.

Over the years, the complex expanded to include a diverse mix of businesses, including a salon, barbershop, insurance agency, and a communication store offering phones, Wi-Fi products, and early access to technology.

Well before such resources were widely available in the neighborhood.

Now under second generation leadership, the AMC properties incorporated plans to renovate a fifty-eight hundred square foot building to enhance curb appeal, improve accessibility, and upgrade building security.

This renovation and redevelopment project will promote the continued revaluation of economic development, economic vitality of the targeted community development area along the Fayetteville Street Corridor.

Upon the completion of project expected to stimulate new business development and stabilize existing business within the building.

Staff endorses this project, which would be an asset in promoting the vitality of traditionally underutilized businesses, including minority and women-owned businesses along the Fayetteville Street Commercial Court.

The project the project directly addresses a major goal of the cities of Durham strategic plan and advancing shared economic prosperity and it furthers the objective of the Office of Economic Development's shared economic development seat initiative, which supports an ecosystem of strategies, business stabilization, business succession planning, and supports the growth and expansion of Durham's legacy business.

No.

Just any speakers.

Oh, well, the property owners here.

Good evening.

Good evening.

Um how much time do you think you need?

Just two minutes or less.

Perfect.

Thank you.

Um hi.

My name is Mary Coma Steele.

I'm here to speak about the location.

For over four decades, my mother, Marzella Professional, my mother started Marzella's professional complex, the business located at 2919 Favel Street.

It has been more than just a location.

It's been a steady presence in the Durham community since 1984.

Through the changing times, economic shifts, and neighborhood transitions, transitioning.

We have remained committed to serving our community and customers and supporting the local family families and contributing to the vitality of this historical corridor.

This grant is just not an investment in a building.

It is an investment in the legacy, stability and future of growth of our community.

Our business has demonstrated resilience, dedication for over 40 years.

We've created jobs, provided consistency and services, and other business growth, build relationships with the spans of generations.

Many of your customers are not just clients.

They're neighbors who trust us for decades.

With this funding, we will strengthen our ability to continue the services in the community by improving our space, expanding our offering, and ensuring that we will remain real reliable and welcoming place for years to come.

The support will allow us to adopt the modern challenging, modern challenge challenges while preserving the history and the character that makes our business unique.

We are not starting from scratch.

We are building on a foundation, a foundation rooted in commitment, preservations, communic, community impact.

This grant will help us ensure that what's what was beginning in 1984 continues and thrive well into the future and benefit not just only our businesses but the entire Durham community.

Thank you for considering our application.

Thank you so much.

Madam Clerk, I have one online speaker.

Oh, and you're here.

Go ahead.

Could you just please state your name for the record?

Good afternoon, Council, Mayor, City Manager.

My name is Tanya Taylor Dingle.

Um my consulting team is MCU Nico Global, and we've been working with the Office of Economic and Workforce Development on various um small business community projects.

And so I'm here to support Maracoma Steel and her project.

In 2020, the Office of Economic and Workforce Development worked with started working with legacy businesses in Durham.

In 2024, they continued on with small business, the helping the small business ecosystem by working with businesses that are along the Fayetteville Street Corridor.

Maricoma Steel fits into almost every demographic of all those programs and iterations.

She represents legacy businesses.

She represents Fayetteville Street.

She represents small business.

She represents legacy commercial property ownership.

And I'm sure I could find a few more pockets to that she will represent as well.

She is a shining example of what the technical support that this city is offering to businesses and property owners and what it can do for this city.

Her property, as you've read in her application, has been in business supporting Favel Street community for over five decades.

When you visit Maricoma or sorry, Marzella's professional suites, which is a property that her mother, Marzella Steele, started, you're also going to be meeting multiple other business owners who have been given a chance.

And that's really what they are given.

They're just given a chance.

How does they how are they receiving a chance?

Her rents are not exactly market rate.

Now that would make any economist or consultant cringe, but what it does is that it has created loyal tenancies.

Thank you.

Thank you so much.

Madam Clerk, I don't have any other speakers signed up.

Is there anyone here who would like to speak on item number 20?

Okay.

Seeing no one signed up, this public hearing is now closed and before the council.

Council members, do we have any comments or questions for staff or the applicant?

Go ahead, Councilmember Rist.

Thanks, Mr.

Pratem.

Um yeah, I think this is now present Mr.

Dickey's presentation.

I think the second incentive grant has come before the council since I've been on the council.

Um I've been on record both here in the council, but also in previous my professional life being very cautious about the use of public dollars to incentivize private businesses.

So I think there's for me there's a high bar.

I love the story of the business owners here.

I love the story of legacy businesses.

I love the Fayetteville Street Corridor.

We're clearly as a city investing in the Fayetteville Street Corridor.

So I just want to, for staff, I just want to get a better sense of uh we can invest in a lot of businesses on the Fayetteville Street Corridor, I imagine, right?

So can you give me a sense, Mr.

Dickie, of like what's our budget?

Like like why why this business, why not others?

What's our what's the larger plan here?

What's the strategic sort of uh sort of orientation of the city towards certainly the Fayetteville Street Corridor and these kind of incentive grants?

Well, I think as the Kisculton says since 2020, uh council has graciously uh given the Office of Economic Workforce dollars to support legacy business through technical assistance.

And throughout the years, we have a neighborhood viralization grant as well.

Uh Fayetteville Street is a major commercial corridor that City Council supports.

This business sits along Fayetteville Street corridor.

Matter of fact, it's in the very trying area.

At that particular point, she wants to spruce up the place along with some of the other city activities that are going to go on to spruce up the activities so that she still could be a stabilizing force in that particular community.

This particular project meets the tenants of the neighborhood of violization, meaning what it is doing is aesthetically approving the parents along that particular corridor.

And not only that, we're still supporting the legacy business what in reference to the what the strategic ban is asking us to do.

Yeah, no, again, I appreciate all that.

I think this is all you said is true.

I guess what I'm trying to get a sense out of is so what is what's the annual budget at OEWD for supporting these kind of grants for in this case, this is for So in this particular case here, we you can get anywhere between $300,000 to $350,000 out of neighborhood of violization program to support a project such as this annually $350,000.

Annually, yeah.

Between three fifty.

So I I I've been careful, uh I'm cautious about whether it's a large incentive grant for big corporate employees or jobs or corporate employers or small ones.

I I do want to, and I'm appreciated Mr.

Gunn being here as well.

I know that our policy also says that we that there's an evaluation criteria that includes a kind of butt for financial analysis.

So can you can you give me a sense of like but for this grant, what would not have happened?

I want to make again clear because we have limited public dollars, right?

So what's the why the win here?

What's what's the because there's you know, there's also an old adage that this you know you've heard the old uh lays potato chips, it's hard to eat just one, right?

And there's also the the reverse adage is like in for incentives, there's the old uh it's hard to give away just one, right?

So once we give away the one-to-one business, like how do we, again, what's the strategic sort of orientation?

How do we what is the butt for analysis we've done here that that indicates for this business but for our incentive, this investment wouldn't happen?

Yeah, I appreciate the question and uh good evening, Joshua Gunn, Office of Economic and Workforce Development.

Uh this is another example of a property owner who has assembled their own resources, right?

Uh to the maximum amount of the resources that they can assemble.

Um then that but four is it's gonna take uh just a little bit more to get to the finish line in terms of this project, right?

It's complex, it's an older property.

Um there's been a lot of technical assistance with our department and MQ working with them to get them to this point.

Uh and that but four is the the uh incentive amount before you today to get the property up to the modernization that they're looking to get to.

And is that I mean, does that but four, is that like sort of a spreadsheet, or is that sort of more of like a feel?

Like what is that what is that analysis look like?

Uh the analysis.

So one of the things that, and uh Chris, please feel feel free to jump in here, but I'll do my best here.

One of the things that we have taken uh Ms.

Steele through is the process of uh the planning process, the design process.

What is what is the actual project going to look like?

What are you going to need uh for this thing to uh solve for what is a significant challenge in the corridor, right?

So I don't know if you know exactly where this is, but this is at the intersection of the uh American Tobacco Trail and the Fayetteville Street Corridor.

This is a part of that particularly challenged part of that corridor.

And so prior to bringing this incentive uh before the council, uh we helped do a deep analysis of what uh was possible with the property, what it would look like, and then what it would cost.

Uh Ms.

Steele assembled the capital stack that she could uh and the gap that we found is what we put before council today for public support uh in partnership with her significant private investment.

Gotcha.

Thanks.

Yeah.

No, I think you know, reading the literature on incentives, right?

Some of the best folks in the country that look at this, like it's not often it's hard to make the case, but it but where you can make the case is when an incentive does bring economic activity to an area that might not receive that.

So I appreciate that.

I mean, I think this is a really compelling one.

But again, I just want to make sure we're clear as a city with a with a tight budget.

If we're giving away public dollars to private businesses, I want to make sure that we're very strategic about how we invest those dollars.

But again, I think in this case, with a neighborhood that needs that kind of investment, I can I think it does pass my threshold.

So thank you.

Thank you.

Thank you, Councilmember Riss.

Umor Williams.

Councilmember Burris.

I'll be briefing my remarks.

I'm not going to come sharp rapid fire.

I'm excited to support a legacy business, um, considering what's happened next quarter right now, what these businesses have to endure.

As you said, this is right there, I believe the intersection of failure role in pilot.

And so if you drive that in any point in a day, you will see what happens on that trail.

And so I can only imagine that at some point that may be deterrent from any business owners in that community because of what it looks like.

So I appreciate and I appreciate the packet in terms of how we look forward to support this um private business, but however they are, they will generate tax revenue and commotion dollars.

It's gonna help essentially benefit our entire community.

So I look forward to seeing projects of this nature, we would make sure that the legacy owners, as that corridor is changing, they still have some stand in the game, and they are able to provide for their families for generation.

So thank you all so much for your work.

Thank you.

Thank you, Councilmember Burris.

Mayor Williams.

I should have gone before her.

Um basically, I was going to say the same thing.

Uh for a community like Durham, who believes so much in equity.

Um, first I want to appreciate Councilmember Riss's um you know, really focus on this.

Uh you've been very consistent on it.

And I appreciate you, you know, leaning in and and but also you know, making way win when you say it's compelling enough.

Um but Durham believes in equity, and this has been one of the most divested communities uh in our city's history.

The houses along this corridor were built by carpentry students at Hillside High School NCCU, way before I was born.

Um this has always been a community that's been invested within itself.

And I look at it this way: two things can happen.

Uh investment can happen from within the community or investment can happen to the community.

Usually when investment happens to the community, the people in it are placed out.

Uh and this is an opportunity for us to not necessarily gentrify, but revitalize.

And based on Durham's rich history uh and what's happening in the past, um, there are some parts of the city where we owe uh some form of repair.

And I think this is an opportunity to do that.

So I I look forward to supporting it.

Any other comments or questions?

Oh, sorry, Councilmember Kokak.

Yes, thank you.

Just say very briefly that uh I'm glad we have this neighborhood neighborhood revitalization program.

Uh I appreciate Councilmember Riss's careful eye toward uh use of public dollars uh and use of incentives.

Um I'll just echo my colleagues, Councilmember Burris and the mayor saying that I I do believe that investment in this corridor is so critical and so necessary and so appropriate.

And so I appreciate your due diligence in evaluating this.

Um, the applicants' long-time investment in our community in this corridor and their uh uh willingness to to reinvest uh in this uh really important part of of our city.

Um and so I look forward to supporting it.

Thank you.

Thank you, Councilmember Kopak.

Unless I have any other questions or comments, uh the motion before us is to authorize the city manager to execute an economic development agreement with AMAC properties or AMAC properties inc in an amount not to exceed 150,000 dollars for building a renovation project at 2919 Fayetteville Street Durham and C.

So move.

Okay, thank you.

I have a motion and a second, Madam Clerk, could you please open the vote?

Could you please close the vote?

Motion passes unanimously.

Thank you.

Congratulations.

Congratulations.

I like when we get to do happy things like that.

Um, the rest of the evening is going to be just like that.

It's gonna be amazing.

Uh the next item.

Mayor Williams, do you want me to keep going?

Yeah, keep going.

Okay.

Um item number 21, our next agenda item is a public hearing and economic development incentive agreement with CocoFro LLC.

No, Mr.

Dickey, good to see you.

I will take our staff report.

Madam Pro Tem, members of Council.

My name is Chris Dickey with the Office of Economic and Workforce Development before using the item and consider approval of a proposed economic development agreement between the City of Durham and Coco Fro LLC.

Coco Fro LC is now preparing for its next phase, establishing a permanent home at 104 1004 Morning Glory Avenue in Durham, North Carolina.

This 1,300 square foot space will serve as a production facility and public facing tasting room, bringing in manufacturing, retail, and community engagement under one roof.

To make this possible, the building requires comprehensive rehabilitation.

Planned improvements include structural repairs, upgraded plumbing and electrical systems to support commercial commercial equipment, fire safety enhancements, and the installation of a fully compliant commercial kitchen.

Exterior improvements will restore the building's presence, creating a clean, well-lit and welcoming environment.

This project represents a tangible investment in a local economic growth and neighborhood viralization.

By activating it currently underleased property, it will create stable employment opportunities, contribute to local tack base, and help shift the trajectory of the surrounding corridor.

Thriving storefronts signal possibilities.

They attract foot traffic, reduce vacancies, and encourage additional business development.

By transforming this site into a professionally operated facility, Coco LLC aims to demonstrate what is possible, helping to catalyze further investment and long-term community stability.

The proposed project will attract $593,000 in private investment with 150,000, 115,000 in city funding, reducing approximately 5.16 to 1.7 private to public funding ratio.

A major priority of the City of Durham is increasing and strengthening the economic stability of the city.

The proposed project, when completed, will be a key step in implementing the neighborhood assessment plan that was approved by the City Council.

This assessment plan calls for the renovation of blighted and underutilized buildings as a means of attracting private capital investments to promote business development and stabilization in the City of Durham designated community development area.

The opportunity to attract this type of capital investment is somewhat challenging since it is considered a high risk for successful economic development.

The project will serve as a catalyst to attract additional business and development projects to this area.

Staff endorses this project, which is alignment with the goals and objectives of the neighborhood viralization grant incentive program.

Thank you.

I am going to declare this public hearing uh open now that we have heard the staff's report.

Colleagues, um before I invite any speakers, do you have any call uh questions or comments for staff?

Okay, go ahead, Councilman Verist.

Uh Mr.

Dickey, um, can I just have a question about the location here?

And this came up in a conversation with the applicant.

So this is in the Goose Creek outfall area, right?

Correct.

Um you've mentioned sort of plumbing improvements, commercial kitchen.

So is is this project in any way?

I know we've sort of like we're now trying to deal with the capacity in the Goose Creek area.

Is this is this with planning to make sure that this is compliant with given our new uh sort of how we're proceeding with the sort of development approvals in the Goose Creek Alpha area.

I don't know if the manager knows as well, but I just want to make sure we're that we're not sort of running afoul of those uh restrictions that are in place right now as we address the sewer capacity.

Can you hold hold on one second, please?

Okay.

Yeah, we we haven't discussed that with planning.

We can do that and then report back uh as it relates to the plan.

Um we don't have an answer for that.

Okay.

Excuse me.

What I do have an answer for is what our office has been asked to do here.

And that is a blighted building that has been blighted for about three or four, about three or four years.

It was a a church at one time, a coffee shop at one time.

And if you go behind Morning Glory, Morning Glory Avenue in that particular area, it's right behind Golden Bell.

If you look in that particular area, there is half a million dollar houses that are lined up there.

But what you see on the corner there is a house that is currently on for sale, that's blighted.

The next piece of property over is this particular property, which has been sitting there.

And then there's a new property that is currently going through zoning right now.

And then the next property is a property that was just recently redeveloped by CORE, which is a a lounge that has opened in the past year.

So there's been some strategic things happening along that corridor.

And I and we just believe in reference to anything that is in our community development area that is going to bring production.

We have an individual who lives in Durham, who is moving his business from Hillsborough, who is going to upgrade that building.

And I believe, and we believe over the years we'll create jobs.

Although there's not a job creator initially, but what we are doing is bringing some stabilization to this neighborhood and getting really getting rid of an eye sort that currently exists there.

And that's the purpose of the neighborhood of violinization.

Yes, again again, understand all that.

Appreciate the sort of the business itself, under appreciate the the uh the neighborhood and the efforts to sort of revalize the neighborhood.

I just I want to make sure that if we're making an investment again that this is something that can take place in the next couple years as we're dealing with sewer, and we do have planning staff here.

I would like to know get some sense of like what what's the impact of this potential business or or how it impacts the sort of the the Goose Creek outfall issue we have with sewer capacity.

Good evening.

So as Director Gunn mentioned, we haven't had a chance to look at this together.

Uh as you know, water management is looking closely at these and finding ways to uh permit projects uh as long as uh there is some nominal increase, they the you've been seeing utility extension agreements come through uh fairly quickly now.

So there are other ways uh that improvements can be uh made in terms of tying into uh adjacent areas, et cetera.

So I can't speak for water management and the specifics of this site, but I can tell you that it is something that we will look at with them.

If I may, uh uh Councilmember Russell, thanks staff for providing the context about um my read of the pro so first of all, uh we don't have a clear answer for you tonight.

We'll get one.

Um my read of the project is uh as a rehabilitation, as it is likely under the threshold of anything that would trigger any concerns in the Goose Creek Basin, but uh we will get information for council and clarify that going forward.

Uh my recommendation would be for council to go ahead and consider the item tonight and give us your direction.

Should we find that there's anything that uh that prevents this project from moving forward, I would be happy to notify that council and make this contingent on that.

But uh that would be my recommendation this evening.

Thank you.

Okay.

I think Mayor Williams, Councilmember Burris, Councilmember Baker.

Yeah, that was going to be my comment.

Uh to my understanding, based on prior uh uh matters.

Uh if this was adding additional uh needs or needing more capacity than what's already allotted, then it would not.

But I is this the the little white church looking thing where uh a coffee shop was so it was so it had functioning plumbing.

Uh and that was that was just a few years ago.

And uh I mean you are you expanding to the port was going to be like some big business more capacity?

Is it still gonna be commercial?

It's still still the is it still gonna be the same uh I guess what I'm asking is similar similar usage thresholds.

Yes.

Yes, I guess that's the information we will need to get back.

Uh to my understanding, there's been uh I don't want to say a one-for-one, but they the nominal uh uh usage or or increases or or just a yeah, the nominal increases if needed.

Um I think it would be fine.

But that's uh I just wanted clarity on that.

Thank you.

Thank you, Councilmember Burris.

Okay.

Um I just have a quick question.

In the packet we receive, is there any particular reason why the grant application is empty?

It's like nothing in there at all.

Well, it's just blank.

It's just eight pages of like nothing.

That should not be that was in an oversight.

That was this one.

Right.

See, it's nothing in here.

It's empty.

Oh, yeah.

And there's only a narrative.

The text didn't copy over.

Yeah, this is the application here.

I don't know what maybe happened there.

Yeah, the application case.

Okay.

Yeah, the form didn't copy over to me.

Councilmember Burris, did you have any other questions?

No, well, I guess like just to be as we've gone through before, you know how about applications and everything being there.

I want to make sure because I did have a chance to speak to the applicant earlier.

Um, and I expressed my concerns in regards to the time it would take for you to actually um hire folks.

We know this community is definitely undergoing changes.

There's some commercial business there, but if you go on the other side of the street, there's a lot of activity there as well.

And so I believe you said that you guys will be hiring like six to eight people within the next two years or so.

And so I'm just trying to make sure that the city is get their big it's the same to my colleague, Councilmember Riz.

If we are preparing our staff for a tough budget year, I want to make sure we're allocating dollars in a way that gives the biggest bang for our book.

And so having a critical piece of information that is missing um gives me a little bit of pause in terms of like I do see the parse the big the um business project narrative, but I don't have the other information, so that is where I'm lending it right now.

Thank you, Councilmember Burr.

Councilmember Baker.

Yeah, I appreciate all the comments of my my colleagues and Councilmember Riz, thank you for uh your questions on on both of these uh items.

Um definitely uh have some some heartburn myself.

Um I guess I would just say that um moving forward, I would be you know comfortable, more comfortable with tightening up the vision and the policies that are that are uh supporting these, and then also just making sure that departments are are talking to each other um and notifying one one another so that they can identify any of these kind of big bigger issues.

Thank you.

Thank you.

Um this is a public hearing.

I don't have anyone signed up to speak, but I don't know if the property owner or if anyone else uh wanted to speak.

Thank you.

Go ahead.

Good evening, Mr.

Freelan.

Good evening.

Mayor Pro Tem and the Mayor, City Council members.

You can look that up.

There's a button, like kind of no the right to the right of to the right of the well, here he comes.

Okay.

Just uh your right hand under there, there she is.

I have to press the button.

Let me help you out here.

We did that.

Set set my own time limit.

Okay.

No, I was about to ask you uh, make the podium taller.

Thank you.

Uh Mr.

Mr.

Freelon, how how much time do you believe you need?

Oh, just 90 seconds will be plenty.

Perfect.

Thank you.

Can you please put two minutes on the clock there?

I mean, Madam Kirk.

Greetings.

Uh my name is Pierce Freelan.

My wife and I uh started a freeze-dried ice cream company called Coco Fro last year, based out of Hillsborough, North Carolina, and quickly outgrew the commercial kitchen, the Piedmont Food Processing Center where we were renting and started looking for a place to expand.

And we want to serve ice cream, we want to create living wage jobs and build manufacturing infrastructure in a historically underinvested area of East Durham.

And we can't do that without support from the city.

Uh we don't want to move to Oxford or Morrisville or Raleigh.

Uh we want to plant seeds right here in Durham where I was born, where our family is raised, and where our first client is at the Museum of Life and Science.

Um I'd like to thank uh Mr.

Dickey and Mr.

Gunn uh and the wonderful folks at the Office of Economic and Workforce Development for seeing the vision and partnering with us to put this on today's agenda.

And we hope to have your support.

And I do want to say one thing about uh Mr.

Rist's question.

We met earlier this week.

Uh I I did look into the uh Goose Creek Sewer Capacity website and um saw there that um on the FAQ page it says does this affect current residents or businesses?

And no, the only issue affects new development projects in the impacted area.

Existing homes and businesses are not at risk.

So um I appreciate you bringing that question to me and tried to do a little digging myself and according to the website, uh this is not a new development.

It is uh isn't it's an existing space and the capacity will be similar to what the previous capacity was.

We just need to build it up to be a commercial kitchen uh so we can make our product.

Um so thank you for your time and appreciate your consideration.

Thank you.

Uh that is the only speaker that we have, so the public hearing is now closed and this item is now before the council.

Does anyone else have any other questions or comments to make before I ask for a motion?

Mayor Williams?

Yeah, I'll I'll say um I I'm gonna support this, even though the application itself is not in the packet.

I do have enough information I need it.

Uh I want to be very clear.

Um I support our small businesses, support our small business community.

Um we just landed the biggest investment in Durham's history.

Um they are investing 1.4 billion dollars in our community, and we put up a huge incentive of millions.

And um they are coming out of Illinois, coming out of Illinois to here.

Uh this is a Durham-based business uh that I look forward to supporting.

It's not millions, but it's it's a business that we can invest in here locally.

And again, I think that you know, considering the history of Durham, we have a lot of paying back to do.

And I think that even in a in a tight budget year, I don't want to let technicalities hold up an opportunity to uh support another small business in this community.

And I can tell you firsthand as a small business owner, they're a vulture commercial tenants, uh commercial uh landlords out there.

And it is a very, very aggressive world to try and do small business in.

So uh if you have the commercial space, commercial real estate space where it's extremely aggressive, and you have a history of divestment in small locally owned businesses, especially black owned businesses, and you have uh uh just the ability to do business type in this industry in this market right now as it is.

The only place sometimes you can go is to your city.

And I think Durham is a community where we're willing to invest in our uh in our own.

Um so I'll support it.

Uh councilmember Kopak.

Just to assuage the concerns, perhaps of staff, like it may be issue of laptop versus iPad, but I'm on my laptop and I have access to the completed application.

Okay.

So it sounds like there's a technical issue, there's a glitch in there, but the completed application was included.

Uh and I can see it.

Well, thank you.

And I apologize.

I'd like council members to let me know which of you had trouble.

I know we verified it.

It is on the website and it is in my packet.

It sounds like it's not in some of yours, so definitely want to get to the bottom of that, but do want to verify that it was made available to the public.

Anyone who would review this beforehand should have gotten that attachment, and we apologize for the problem.

Thank you, Manager Ferguson.

Uh Councilmember Rist, did you have a question?

No, I just to say it have deep appreciation for the applicant, one of our former colleagues here on the on the die.

So thanks for being here.

Um I I do love the investment in these terms, as the mayor said.

I um but I I do feel like I'm not quite ready to support this with given the questions we have are about the sewer capacity.

We're talking about increasing sort of manufacturing capacity.

I don't have the application here.

I don't I feel like when we're again utilizing scarce public resources, I think voters want us to make sure we know what we're doing when we're casting a vote.

I don't have the information here.

I don't know if that's a miss of error on the part of the city or but I'm I'm just not without that information not comfortable uh right now with this.

So thank you.

Mayor Williams.

Would we be interested in maybe uh sending continuing it or sending it back or uh until we get the technical?

I just don't want to blame a an applicant on something that's a technicality on our part.

Because I I I think it's fair.

You can't see the application, I can't see the application.

Uh and we feel differently that you can't see the application, but you know, we feel differently about it.

I don't think we should vote up or down on something that's a technicality on our part.

And that it doesn't mean you're a former council member, but it has nothing to do with it.

It's for anyone that would be in this situation.

Thank you thank you.

Um council colleagues, does anyone have comment or question around that?

Councilmember Bruce, I know you were one of the do you want to address that?

Yeah, and I just want to clarify that they will also like provide space for council member wrist questions to be addressed as well before we come back, right?

Yeah.

Okay.

I think we would leave the public.

Well, I close the public hearing, so I don't think we can leave it open, but we can I don't know how to do that.

Did you close the madam attorney?

Can I reopen it?

I think you could reopen it.

Okay.

I think what we could do is just reopen the public hearing, and um that would give staff an opportunity to upload the appropriate documents.

Um council colleagues, do we want to do it to the next one to the subsequent one?

I guess that's the question I have for y'all.

I I feel like we do need to deal with this before we go on our break in June.

So uh one cycle or two.

I mean, however long it'll take away.

And I guess it's a question for staff around um uh public hearings at the at the next I guess the qu okay, let me synthesize the question.

So one is making sure the application is in our packet so that council can see it all.

Two was to make sure that the water department has done the necessary analysis on the Goosefall Out Creek thing.

Sorry.

Um I think those are the two kind of outstanding questions that council member or council colleagues had.

And so um I would I'm gonna look at Director Young, because you probably know how many zoning cases we have next round, and I think that does influence if we go to one or two cycles out.

Sorry.

So you're asking about whether to go one or two cycles out.

And the Madam Attorney just reminded me that the May 18th, when we have a long work session, a council meeting, and it's public hearing, so maybe we want to go to the subsequent one, the first one in June, but that's a public hearing for the budget.

Yes.

So either way, we're kind of gonna be here a long time.

Okay.

And you're nodding your head, yes, is that the better option?

Um, Mr.

Freelon, are you comfortable with that?

It would be two cycles.

So the first, whatever, I think June, June 1st, it would be Monday, June 1st.

Okay.

Okay.

Um so I'm gonna reopen declaring the public hearing.

No, I closed it and I need to reopen it.

I'm gonna reopen the public hearing is now open again.

We are going to continue this case um until June 1st at our council meeting.

Thank you so much.

Thank you.

And then we're gonna reorder the next agenda items because the way that it's listed, it's um I my belief is that items 23, 24, and 25 are going to be pretty straightforward.

We don't have a ton of speakers on those.

So we will be taking up item number 22 last.

Colleagues, are we good with that?

So it lets folks who don't need to be here go.

So it it it is helpful for folks.

I know it's hard.

Um so the first um item that I have then is item number 23 consolidated annexation.

Uh 1735 Fletcher Chapels Road.

Mayor Williams, Mayor Pro Tem Caballero, and honorable council members, good evening.

I am Peyton Burgess with the Planning and Development Department, and I am happy to be here with you tonight.

A request for a utility extension agreement, voluntary annexation, an initial zoning map change has been received from Gray Madden with Madden construction for one parcel of land zoned residential rural, totaling 0.83 acres and located at 1735 Fletcher's Chapel Road.

This annexation petition is not contiguous to the primary corporate limits and would create a new satellite.

This request would allow the applicant to connect to city water and sewer for one single family home.

This is a direct translational zoning.

A direct translational zoning is one in which the existing Durham County zoning is translated to the identical Durham City Zoning District upon the annexation of the property into the city limits.

Since there is no request for a change to the existing zoning attached to this annexation petition, there is not a development plan under consideration and therefore no proffered commitments.

Any future development may proceed according to what the zoning would allow.

The properties are currently designated mixed-use neighborhood on the place type map.

The existing residential rural zoning is generally consistent with the designated place type.

If the proposed zoning is approved, there will be no change to the place type designation.

Thank you.

Staff and the applicant are available for any questions.

Um I believe the applicant is available online.

Thank you.

Um we've heard the staff report now declare this public hearing open.

Uh colleagues, does anyone have questions for staff at this time?

Okay.

Um the applicant is online, and then I have one proponent and one opponent signed up.

Those are all the speakers I have, Madam Clerk.

Is that correct?

Okay, thank you.

Can um we make the applicant hearable?

Hey, can you hear me?

Yes, we can, Mr.

Madden.

Good evening.

How much time do you think you'll need?

Uh just a minute.

Okay, Madam Clerk, could you please put two minutes on the clock?

Uh I'm a local builder.

I actually live right around the corner from this property.

Uh it's just a single lot.

Uh we're looking to get annexed into the city so that we're able to tie into the utilities, uh, water and sewer that pass right in front of the lot currently.

Uh just one single family home.

The owner of the property was actually there at the meeting, and I think he had to leave.

Um but he's a local business owner as well.

Uh if there's any questions or concerns, I'm I'm happy to address them.

Thank you.

Um that's the only Pablo Friedman signed up.

Okay, I have you down as 23, so I'll call you for 22.

Sorry, for 23.

The opposite of what I just said.

Okay.

I don't have um any other speakers this evening.

So this public hearing is now closed and back before the council.

Council members, any questions or comments?

Before I call the motion.

Go ahead, Councilmember Baker.

Yeah, this uh this feels uh kind of small and inconsequential.

There's water and sewer that run right in front.

Um but this is uh mixed residential on the place type map.

It is not contiguous.

And um, you know, if we make a practice of uh of annexing small lots that are satellite lots over and over and over, that that does add up uh over time.

I'm kind of wrestling with that question a little bit.

I wonder if I wonder if staff can provide any commentary on the fact that this is uh mixed residential on the place type map, that it's not contiguous.

Um what kind of impacts do you think that'll have?

Um what happens if this were approved to the future place type map?

Um absolutely.

So this site right now, although it would create a satellite for the purpose of the annexation.

Um there is water and sewer right across the street, so those houses along that road have it.

Um additionally, the majority of the uh mixed residential uh place type that you're talking about that this site is in, um, is really primarily undeveloped right now.

And so although this site is a single family home, there is the potential that there will be future development um and future annexation that actually fills that area in um and does actually add to a mix of housing types and meets the goal of that place type.

All right, thank you.

Thank you.

Councilmember Rist.

Ms.

Burgess, sorry if you can come back there.

Um I did note in the packet, so I had the same um question, Councilman Baker had.

Um I know this this does score revenue positive, which helps me a little bit on this.

Um, but also as I understand the packet, so the comp plan does allow for consideration of annexation of a single family residence, even though it's uh even though it is not contiguous.

Can you say more about that in our comp plan?

How we like what's the particular provisions there?

Yeah, absolutely.

Um so I believe that's policy 165 that addresses that, but it does give sort of a uh opportunity for council to consideration consider situations like this when it becomes necessary for single family lots to connect to water and sewer um to create those satellites.

And so policy 165 really gives uh council the opportunity to consider those even though they might create a satellite.

I appreciate that.

Yeah, I think bringing folks on the water and sewer is always better, so yeah, I think that makes sense.

So appreciate that.

Thanks for explaining.

Thank you.

Anyone else?

Okay.

Um I appreciate those comments, colleagues, and um I think it is tricky.

I I guess this is a question for staff.

Sorry.

Um obviously we have water and sewer, they're taking advantage of a thing.

I would want city water and sewer too.

I think it sometimes becomes an equity issue, especially as people's wells um age or it becomes more expensive.

When we lay water and sewer in that type of circumstance that's in there, what is the outreach we are doing to residents that they are aware?

That they're what was that?

That that they can't like one side of the street is hooked up and the other side isn't.

What are the opportunities for residents to know though that that those possibilities?

Um so I would think that if if somebody who is wanting to develop their property, that's kind of where it starts.

Okay.

Um whether that's through a pre-submittal meeting, um, signing up or starting to submit applications and realizing that you need annexation for uh water and sewer.

Uh I feel like that is where I see the majority of applicants kind of, especially these smaller uh single family lots.

That's that's when I see the majority of applicants getting.

Thank you.

Okay, colleagues.

Uh the motion before us is hold on.

Um first motion is to adopt an ordinance annexing 1735 uh Fletcher's Chapel Road into the city of Durham and to authorize the city manager to enter into a utility extension agreement with Cecil Gray Madden III.

So move.

Second.

Could you please close the vote?

The motion passes five to one with councilmember Baker voting no.

Thank you.

Uh the second motion is to adopt an ordinance amending the unified development ordinance by taking property out of the residential rule Falls Jordan District B watershed protection overlake county jurisdiction and establishing the same as residential rule falls Jordan District B watershed protection overlays city jurisdiction.

So moved.

Second.

Madam Clerk, could you please open the vote?

Could you please close the vote?

Motion passes unanimously.

Thank you.

And the last motion motion is to adopt a consistency statement as required by NCGS Section 160 D-605.

So move.

Second.

The motion is second.

Madam Clerk, could you please open the vote?

Could you please close the vote?

Motion passes unanimously.

Thank you.

Next item in front of us this evening is item number 24 consolidated annexation experience reality Glen West.

Mayor Williams, Mayor Pro Tem Cabero, and Honorable Council members, good evening.

I am Peyton Burgess with the Planning and Development Department, and I am happy to be here with you tonight.

A request for utility extension agreement, voluntary annexation, and initial zoning map change has been received from Jeff McSwain with Experience Reality Inc.

for seven parcels and a portion of an eighth of land totaling 25.949 acres and located at 4007, 409A, 4009B, 4011, 4013, 4015A, 4015B, 4019, 4021, 4023, and a portion of 4026.

This annexation petition is not contiguous to the primary corporate limits, but is contiguous to an existing satellite.

This request would allow the applicant to connect to city water and sewer.

While the current residential rural zoning would allow for up to 36 single family homes, the utility extension agreement only allows for a maximum of eight.

This is a direct translational zoning.

A direct translational zoning is one in which the existing Durham County zoning is translated to the identical Durham City Zoning District upon the annexation of the property into the city limits.

Since there is no request for a change to the existing zoning attached to this annexation petition, there is not a development plan under consideration and therefore no proffered commitments.

Any future development may proceed according to what the zoning would allow.

The properties are currently designated mixed residential neighborhood and established residential on the place type map.

The proposed residential rural zoning is generally consistent with the designated place type.

If the proposed zoning is approved, there will be no change to the place type designations.

Thank you.

Staff and the applicant are available for any questions.

Thank you.

You've heard the report from staff.

I'm going to declare this public hearing open.

Colleagues, are there any questions for staff before we take any speakers?

Okay.

I'm going to go ahead and invite the applicant up for this item.

Good evening, Mr.

Jewell.

How much time do you think you'll need?

Four or five minutes.

If you can put five up, I'll be faster than that.

Okay.

Madam Clerk, could you please put five minutes?

Thank you.

Great.

Appreciate it.

Uh good evening, Mayor Pro Tem, Mayor, Council members, attorney and manager.

I'm Dan Jewell, reside at 1025 Gloria Avenue.

I'm here at the request of uh Jeff McSwain with Reality Ministries.

Uh we've helped him prepare this application.

He's asked me to make a few remarks to clarify some things in the staff report.

First, uh this is by no stretch of the imagination a development.

Uh these are eight existing lots that are already adjacent to city water and sewer.

Uh and we simply want to connect, which is why we made the request for uh annexation utility extension.

Uh secondly, clarify uh, even though the staff report calls this rightly a satellite annexation, it is anything but remote.

Uh the existing neighborhood to the south is served by city water and sewer.

Um the only reason it is not in the city limits is it was developed years ago before the policy was in place that if you wanted city water or sewer, uh you must apply for annexation.

Otherwise, it would be within the city limits.

And those lots are actually a little bit smaller than the existing lots on this site.

Uh and additionally, there is a neighborhood directly to the north across the land that's controlled by ECWA called Glenstone.

Uh that's a denser project, city water and sewer, and in the city limits.

Uh finally, and we think most importantly, these new homes will serve a very special community.

Uh I hope some of you are familiar with the North Street neighborhood, just a few blocks up that way between Gear and Club and Gear and North and Madison.

Uh Jeff and his team with reality ministries were able to turn a dozen derelict empty old apartment buildings into an intentional community of families with adult children who have uh special needs.

What they were able to do was to allow families to buy those units and have actually a separate unit within them, uh totally independent that their adult kids could live in.

So they would get not only the support of their families as they aged, but the support of the rest of the neighborhood.

Uh this community is now going on 15 successful years.

We helped Jeff design it and get it approved, and it's become a vibrant and very important part of the Durham Fabric.

But there's more need than can be met over there.

Uh and when Jeff, who's now has experienced reality and affiliated organization, came across this property, he saw an opportunity create a similar, although less dense community.

Uh and the homes that will be built in this new neighborhood, they will all have ADUs.

Those homes will be offered to again residents who have uh adult children who have special needs of some kind or another so they can live in the accessory dwellings as part of that community and be uh nurtured as part of that whole neighborhood.

Uh I hope you noted the unanimous recommendation for approval we received from the planning commission and will follow in suit.

Uh and we appreciate your time.

I'll be here to answer any questions that you might have.

That's the end of our presentation.

Thank you.

Thank you so much.

Those are all the speakers that I have.

So I'm going to go ahead and declare this public hearing closed and back before the council.

Council colleagues, do we have any questions or comments?

Go ahead, Councilmember Baker.

Um I I appreciate all the commentary.

Um there's, of course, the the story behind uh annexations and rezonings, and then there's just the cold hard uh law that applies to to these cases.

One question to uh to staff again, similar to my last question.

Um this is a direct translational uh rezoning direct translational and annexation?

I'm sorry.

And um from a rural residential to rural residential, and it's in the mixed residential neighborhood.

So are we saying that rural residential under the UVO is consistent with mixed residential neighborhood place type?

It can be because it offers a type of housing.

Um especially when it's combined with other zonings that allow additional housing types, um, it is possible for it to be uh consistent.

Okay.

Thank you.

Thank you.

Anyone else have any questions?

Go ahead, Councilmember Wrist.

Think I may pretem.

Um yeah, this is um this case is an easy yes for me.

Um and it's not because Ms.

McSwain um is actually a lifelong friend, one of my dearest friends in the world.

Um, it's because as Mr.

Um Jewel said, this is not your ordinary development.

Not at all.

Um I actually had the privilege of touring with Ms.

McSwain 15, 20 years ago in North Street Community when it was literally, as Mr.

Jewell said, dilapidated buildings right near Folstein Brewery now.

Um it's a marvelous community.

It's absolutely an example of God's beloved community on this world with folks with disabilities living with able-bodied families.

It's an amazing model.

Um we usually see developments where developers want to maximize the number of units on the lot on their parcel.

This is not the case here.

Mr.

McSwain is not trying to maximize profit.

He's trying to maximize joy and love in the world.

Um this is an amazing project.

I'm so proud to support this.

Um I love the idea of both, and this is not only housing, it's also below market rate housing with ADUs to support more units.

So this is a beautiful project.

We don't see stuff like this much.

So I just want to thank the the Mr.

News Jewel and the applicant, Mr.

McSwain, my good friend, for an amazing project that will make this a more beloved community.

So thank you.

Thank you, Council Colleagues, anyone else?

Every everything Councilmember Riss just said.

Thank you.

Perfect.

So with that, I'm gonna go ahead and uh move us forward.

Um my first motion this or our first motion this evening is to adopt an ordinance annexing experience reality Glen West in the city of Durham and to authorize the city manager to enter into a utility extension agreement with experience reality inc.

So move.

Second.

Could you please close the vote?

Motion passes unanimously.

Thank you.

And our second motion is to adopt an ordinance amending the unified development ordinance by taking property out of the residential rule Falls Jordan District B and Falls Jordan, Falls slash Jordan District A watershed protection overlays, county jurisdiction and establishing the same as residential rule falls slash Jordan District B and Falls slash Jordan District A watershed protection overlays cities jurisdiction.

So move second.

I have a motion and a second.

Madam Clerk, could you please open the vote?

Could you please close the vote?

Motion passes unanimously.

Thank you.

And uh last motion is to adopt a consistency statement as required by NCGS section 160 D 605.

Move to adopt consistency.

Could you please close the vote?

Motion passes unanimously.

Thank you.

Thank you.

Have a good night.

Next up is item number 25, consolidated annexation 1418 South Miami.

Good evening.

Thank you.

Mayor Williams, Mayor Pro Tim Cabillo, and Honorable Council members.

Good evening.

I'm Andy Lester with the planning and development department.

It's a good booth for you all.

Before I begin, staff elect to state for the record that all planning department hearing items have an advertised notice in accordance with state and local law.

An affidavits of all notices are in file with the department.

The request for utility extension agreement, voluntary annexation.

An initial uh zoning map change has been received from Tim Sivers of CUNITE for two parcels of land totaling 3.44 acres and located at 1404 and 1418 South Miami Boulevard.

Annexation petition is for contiguous expansion of the primary corporate limits with the intent to connect to city water and sewer.

As part of this annexation petition, the applicant is not seeking a change in the in the underlying zoning districts of commercial general and residential suburban 20.

A direct transitional zoning.

Since there is no request for a change to the existing zoning attached to this annexation petition, there's no there is not a development plan under consideration.

And therefore no proffered commitments.

Any future development may proceed according to what the zoning would allow.

The properties are designated uh highway commercial on the place type map.

The proposed commercial general is generally consistent with the designated place type.

While the proposed residential suburban 20 is not generally consistent with the designated place type, staff does not recommend a change in the place type because the proposed zoning in the LDC will be consistent with the place type.

Thank you, staff and the applicant are available for any questions.

Thank you.

Heard the report from staff.

I'm now to declare this public hearing open.

First colleagues, do we have any anyone have any questions or um for staff?

Okay.

Um and I think I just have one speaker.

Yeah, I have one speaker right now, just the applicant, Tim Sivers.

Sorry.

Here you are.

Where do you go?

Good evening, Mr.

Cyvers.

How much time do you think you need?

One minute, two minutes.

Perfect.

Thank you.

Madam Clerk, could you just do thank you?

Good evening, Councilmembers.

Tim Sivers with CUNY, 16 Consultant Place.

So, yes, the project in front of you is for two parcels.

Um to be clear, this is owned by Admiral Properties, who I'm here representing tonight.

That same property owner owns the two parcels between these two that are being annexed.

His intent is to sell all four properties which are currently on the market.

Uh we did hold two neighborhood meetings.

Both meetings had one neighbor in attendance.

Uh the first meeting, actually, that neighbor asked to be part of the application.

The second meeting, um, that neighbor uh was signed up for the wrong meeting.

So technically he that person jumped out of the meeting, so we had no attendees at the second neighborhood meeting.

Planning commission did recommend unanimous approval of this, and I request that you follow their recommendation.

I'm available for any questions.

Thank you.

Thank you.

Those are all the speakers that I have signed up for this item.

Let me just make sure.

Okay.

And so at this time, I'm going to close uh the public hearing.

The items back before council.

Anyone have any questions, colleagues, questions or comments?

Okay.

And to the city of Durham and to authorize the city manager to enter into a utility extension agreement with Admiral Properties LLC.

So move.

I have a motion of second.

Madam Clerk, could you please open uh the vote?

Could you please close it?

Motion passes unanimously.

Thank you.

Our second motion is to adopt an ordinance amending the unified development ordinance by taking property out of the commercial general residential suburban dash 20, falls slash Jordan Watershed Overlay District B, dash district dash B overlay county jurisdiction, and establishing the same as commercial general residential suburban dash 20, falls slash Jordan Watershed Overlay District B, overlay city jurisdiction.

So move.

Second.

Motion passes unanimously.

Thank you.

And uh last motion is to adopt a consistency statement as required by NC General Statute Section 160 D-605.

So move.

Second.

Have a motion and a second.

Madam Clerk, could you please uh close the vote?

Open the vote, close it.

Thank you.

Motion passes unanimously.

Thank you.

Our last item, if I'm not mistaken, before us this evening is item number 23 consolidated consult excuse me, thank you.

Consolidate annexation enclave at Little Creek.

Um maybe active plane.

Um C D E G the whole C S G op in the hot walk to the button.

Hold on.

So yeah, sir.

Sorry, that was under consent.

So unless that item got pulled.

If I'm not mistaken, that item is under consent.

So unless it was pulled, we passed that earlier in the evening.

So Sir, I'm not gonna speak to you back and forth.

Maybe somebody from staff could am I wrong on that, madam?

Which item?

He said, come use of the one.

Sorry, we're trying to talk about it.

Item number 26, correct?

Is that right?

26.

If staff could um speak with the resident around that, that would be helpful.

Thank you.

Okay.

Okay.

What's going on?

Good evening, Mr.

Lester.

We're ready for the staff report.

Appreciate your patience.

No worries.

Thank you.

A request for utility extension agreement, voluntary annexation.

And is it an initial zoning map change has been received from New Ghosh of Morningstall Law Group for one parcel and a portion of another totaling 47.85 acres and located at 5524 and 5515 George King Road.

This annexation petition is contiguous to the primary corporate limits due to a recent annexation.

By state law, the request is considered not contiguous because it was at the time of submittal.

The applicant proposes to change this designation of one part of one partial parcel read 232 242, totaling 45.95 acres to plan development residential 5.006 to allow up to 230 townhouses, multiplexes, and/or apartments.

The applicant is also seeking an initial zoning map change.

Um of RS20 County jurisdiction to RS20 city jurisdiction.

For the other parcel, uh read 140495.

Any use within the RS20 district would be allowed.

The properties are currently designated mixed residential neighborhood, transit opportunity area and recreation and open space on the place type map.

The proposed PDR 5.006 is generally consistent with the mixed residential neighborhood and recreation and open space place types.

Thank you, staff and the applicant are available for any questions.

Thank you.

Um having heard the staff report, I'm declaring this public hearing open.

Um before we take speakers, colleagues, does anyone have any questions for staff?

Okay.

Um based on my count, and I'm just gonna take a second to count how many speakers I have that are not the applicant.

I think I have 21 speakers on this item.

So I'm gonna allow one minute per speaker.

Please do not yell at me.

It's not gonna it's 1040 p.m.

with 21 speakers, that's 21 minutes.

I understand that y'all are displeased, but as presiding chair I get to make that decision.

Mr.

Ghosh, you are the applicant.

Thank you.

Mr.

Ghosh, how much time?

And please don't say too many minutes.

Less than 21 minutes.

12 minutes.

Okay.

Madam Clerk, could you put 12 minutes?

And the way this works, please do not yell from the chambers.

I taught middle I top preschool through middle school.

Do not yell.

Thank you.

If the app we have to allow equal time.

So if for whatever reason the applicant goes longer, more time gets added to the other side.

That's how this works.

It has to be fair.

And in fact, we are already not following our own rules because we are only allowed by our own procedures.

It's 15 minutes per site.

That is actually what our procedures say.

And we adopted those procedures, re-adopted them in June of 2025.

So by our own procedures by letting everyone speak, we are already forgiving and adding more.

So I'm just sharing because I know some of you all are not you don't come here as much, and so you don't know what all the rules are.

So I'm explaining our procedures.

Our procedures allows 15 minutes per side, opponents and proponents.

That's our procedures.

Go ahead, Mr.

Ghosh.

Thank you.

First of all, thank you, Mr.

Lester, for your presentation, and good evening, Mayor Williams Mayor Pro Tim Cabero and members of the City Council, Neil Ghosh with the Morningstar Law Group at 700 West Main Street in Durham.

I'm here tonight representing the application for this rezoning and annexation requests.

Our team includes Tim Sivers with CUNY, who you heard from earlier, and the developers, Ty Armstrong with a bowed and Ted uh Heilbronn with Kelly on the affordable component.

There is a lot to talk about here, so I'm going to jump right in rather than repeating what Mr.

Lester has already told you.

This is a challenging site, but I believe our team has risen to that challenge.

When Ty contacted me, he told me his goal was to put a LITEC deal on this site, married with the market rate component.

When we looked at how that might work, we had to make some tough decisions, just like you will need to do tonight.

But I want to walk you through that process.

You can see the Chapel Hill communities on the bottom of the page, which directionally represents the west.

This is one of the few areas where the homes are within Durham County, but also are within the town of Chapel Hill rather than City of Durham.

And anyway, you can see on this page that there's some streams on this property, and there is some natural heritage designation on the site.

I thought it would be useful to start there.

The brown area on this slide represents the natural heritage area designation on the site.

So you can see it's basically all in the southern portion of the site.

You can also see that there already are impacts in that area with this existing uh gas line right here that's already there.

Right.

But what really is this natural heritage area?

And if you zoom out, I think you can get a better picture.

The natural heritage area that exists on our site is the very periphery of a much larger natural heritage area.

In fact, the area to our south all the way out to Highway 54 is all natural heritage area, and that portion south of us is federally managed.

In other words, there's a huge chunk of natural heritage area that is already being preserved.

On our site, we have two categories, R5, which is a general category as opposed to a top or high priority area, and C4, which signifies limited or lower priority.

If it were a high priority, one would imagine the Federal Government would have taken it for preservation, like the area to the south.

Now, this image is from an item in your agenda packet, the UEA or utility extension agreement.

This is a document prepared by the city staff to tell us uh what we need to do on our dime to bring water and sewer to this site uh if we are annexed.

As you can see, the site has been identified for a public lift station.

The ideal location for a lift station, just generally speaking, is at the very bottom of a drainage basin, which happens to be on the site.

And this infrastructure will be built by the developer at a cost of around 1.5 million dollars.

So that's where the lift station is.

Right in the natural heritage area.

And don't forget, we would have to build a road to it for access and extend utilities to and from it.

Now this is a figure from the adopted collector street plan for this area.

You can see all the roads have been planned through this parcel, which is a fixed feature of the site that we have to take into consideration for development.

The developer will build portions of these roads and off-site improvements, including extensions of utilities at a cost of around 2.5 million dollars in public infrastructure.

Now here are those roads again in that roundabout.

And again, right through the natural heritage areas.

Honestly, I don't really understand this transit plan or collector street plan.

You kind of could not draw these roads in a worse way or with more impacts.

But luckily, there is some flexibility for property owners on how the road goes through the property.

The endpoints are more or less fixed.

The road on the southern side or southern boundary actually is not entirely on our property, so we'll not be building it or I don't think any portion of it actually, which I think is a good thing given its significant impacts to the natural heritage area.

And we intend to design the other road, the one that goes to the middle of the property, so as to avoid the first little shrim finger right here.

We want to turn that road so we miss that.

We want to straighten out the uh crossing of the stream and hopefully get all of that road out of the natural heritage area.

Um significantly, as I mentioned at the beginning, my client was dead set on finding a way to include a LITEC component in this project.

We found a great partner on the on the affordable side and Ted Halbron, Kelly Development.

And you all might be aware that LITEC deals have a scoring rubric, which includes many facets, and among those are proximity to and drive time to amenities like grocery stores or pharmacies and also access.

Our evaluation of the site basically indicates there are only two locations on the parcel which will score adequately to be awarded tax credit.

And you guessed it, both are within the natural heritage area.

I said I wanted to walk you through the decision-making process here.

In a nutshell, we found that we really cannot avoid impacts to the natural heritage area based purely on the infrastructure requirements.

The lift station, the roads, the stream crossing, no matter how this site is developed, the natural heritage area will be impacted.

Secondly, we took into consideration the state's own value of this particular natural heritage area.

Not all are created equal.

These fell into the lower categories, and finally, we ultimately decided that if impacts to the natural heritage area are inevitable, and these areas are not of particular significance, then it makes sense to include the LITEC component despite it impacting the natural heritage area.

The city has already decided to pick infrastructure over natural heritage.

We are hoping you will pick affordable housing over natural heritage as well.

To wrap up, I have two more slides.

Tonight there are a few more commitments we would like to add.

We want to increase our school commitment from 11,000 to 25,000.

We also want to commit to handling the hundred year storm.

And then these last two are meant to provide specific commitments for greater protections to the natural heritage area.

We are committing to having a 30-foot natural buffer along our southern property line, and we are prohibited uh prohibiting land disturbance south of that gas easement that I pointed out earlier.

These are great commitments on top of the already great commitments the project has, including several of which were negotiated with our Chapel Hill neighbors for buffers, additional plantings, and height limitations.

We also already have decreased the allowable impervious from 70% to 60%.

We have three times the amount of UDO required tree coverage, and of course, the affordable housing commitment, which requires a minimum of 20% of the units to be affordable.

My client is deep into this project and at this point is therefore in a position where they intend to develop the site.

This last side, I just wanted to point out the various outcomes here.

Tonight we are asking for your approval of both the annexation and rezoning.

This will result in about 230 units, roughly $4 million in public infrastructure, and 20% affordable units.

If instead you approve only the annexation, the project would shrink to about 91 single family detached units.

The public infrastructure would still be there, but we would not be able to do any of the affordable housing.

And if neither the annexation nor the rezoning are approved, my client would intend to build this site on well and septic in the county for about 25 estate lots.

Again, I recognize this will be a hard decision for you.

It was for us.

We understand that we already went through the mental math on this, and obviously we decided to move forward.

This is a good project despite the challenges that the property presents, and we hope you see it the same way.

Our team is here to answer any questions you may have, and thank you for your time tonight.

Thank you I have been given a list of residents in the order that they would like to speak, so I'm going to call that list and then I'm going to have to cross-reference it to the list that signed up with the clerk.

So just to make sure I don't skip anybody.

Can you hear me?

Can you speak up just a little bit?

Yes, can you hear me now?

Yes, we can.

Thank you.

Good evening.

You have one minute.

All right, I'm Jonathan Langson, and my home is located at 5508 George King Road adjacent to the proposed site.

I think the stormwater issue is one of my biggest concerns for roadway and sewer infrastructure and the legality of the water utility extension agreement.

Currently there are several developments around the area which have been approved, and I don't believe the city is taking into consideration the exorbitant amount of runoff that will clear with this development.

The connector road from George King Road to Lancaster connects directly above a creek that crosses George King Road and onward to Lee Village Center.

And I have all ideas that the City of Durham will have future problems and cost of this road with the roadway connector for George King, washing out the location to the creek due to stormwater from surrounding development.

And most importantly, affecting the sewer pumping station outline in exhibit B of the utility extension agreement.

My 2022 plat um registered with the county memorializes the width of the road.

And my neighbor to the west of me, there have a conservation event to the center of George King Road.

So thank you.

I um have you all voting on.

Those are all the online speakers I have.

Um first sign up.

This is the order that uh folks said that they wanted to speak in.

Um so I'm going to call you up uh the first five.

Melissa Kane, Ruth Ross, Linda Schifflet, Brian Sugg, and Michael Wilder.