Durham City Council Work Session – November 23, 2022

The Durham City Council held a work session on November 23, 2022 (transcript references November 22, 2022 as the actual meeting date, creating a discrepancy). The meeting covered the annual comprehensive financial report, the third-quarter crime report, the first-quarter budget update, a deep dive on affordable housing and the development process, and several pulled agenda items. Council also approved an excused absence for Councilmember Caballero and voted to enter closed session for attorney-client consultation on pending litigation.

Consent Calendar

• Items 1 through 5 and 7 through 23 were placed on the consent agenda, with several items pulled for discussion (see below).
• The following were approved without separate discussion: Durham Open Space and Trails Commission appointment (Melissa Southern), October 2022 bid report, FY2023‑24 budget development schedule, and multiple contracts for unpaved road improvement, street repairs, bridge inspections, pavement preservation, and technology upgrades.

Public Comments & Testimony

• Eloise Johnson (resident of 1115 North Driver Street) expressed concern that a Black man, Mr. Allen, has worked for Parks and Recreation for over 10 years but has not been given a full-time position working with seniors. She stated the program has lacked leadership for two and a half months and asked why Mr. Allen cannot get the position.
• James Chavis stated that Councilmember Williams made a promise to him and the PAC six months ago regarding a project but has not followed through. He asked Williams whether he is ready to work directly or will rely on staff. Councilmember Williams responded that he did not know what Chavis was referring to and said he would reach out again.

Discussion Items

• Excused Absence: Councilmember Caballero requested excused absences for the regular meeting on January 3, 2023, and the work session on January 5, 2023. Motion passed unanimously.
• Pulled Item #6 – Triangle Community Foundation as fiscal agent for “We Are the Ones” (WATO): Councilmember Johnson questioned why the full $250,000 is being granted to TCF when the original partnership with Cypress Fund was dissolved. Deputy City Manager Bertha Johnson explained that Cypress Fund was out‑of‑state and returned the initial $100,000 payment. Some partners reportedly left the design team; staff committed to having WATO representatives attend the next meeting to clarify.
• Pulled Item #7 – Interlocal Agreement with Durham Public Schools for PAL Program: Councilmembers Hyman and Freeman asked about student selection, curriculum assessment, and whether the program could expand to summer. DPS representatives explained that students are not pulled from class but receive one‑on‑one instruction; the program is funded by one‑time COVID relief funds and targets Title I schools without existing after‑school programs.
• Pulled Item #8 – Lease and License Agreement with New Singular Wireless: Councilmember Freeman asked whether the 3% annual increase could be tied to inflation. The city attorney requested time to research the possibility.
• Pulled Item #9 – Transit Center Construction Manager at Risk Contract: Councilmember Caballero asked about the 20% local match for the federal grant; staff confirmed both items 9 and 10 are funded through that match.
• Pulled Items #14 & #17 – Bridge Inspection and Repair Contracts: Councilmember Williams questioned language in item 14 stating “the city manager can choose to not approve this project,” noting other memos say “city council.” Staff will review. On item 17, Williams asked about bridge safety; Public Works Assistant Director Tasha Johnson said inspections show no structural concerns and the repairs are preventive maintenance.
• Annual Comprehensive Financial Report (ACFR): Jermaine Bruinton and April Adams (Cherry Bekaert) presented a clean (unmodified) audit opinion for FY2022 ending June 30, 2022. No material weaknesses or noncompliance findings were noted, except one non‑material late‑filing finding on a state grant. The city also received a top‑10 ranking from WalletHub for best‑run cities.
• 2022 Third Quarter Crime Report: Police Chief presented data showing violent crime down 7% year‑to‑date, with homicides down but rape (+7%) and robbery (+28%) up. Aggravated assault decreased 20%. Property crime fell 2% overall, but motor vehicle theft rose 18%. Homicide clearance rate was 62.5%, above the national average. Staffing remains a challenge at 79% sworn; several recruitment and retention initiatives are underway (signing bonuses, lateral incentives, take‑home car program). The Chief discussed the Crime Area Target (CAT) team formed in April and the importance of addressing root causes such as lack of stable housing and employment.
• FY2022‑23 First Quarter Financial Report: Christina Reardon presented a generally positive outlook. General fund revenues are on track, with sales tax up 11% from last year and property tax collections pending. Expenditures are projected $3.4 million under budget due to personnel vacancies, offset by higher fuel costs. Enterprise funds (water/sewer, transit, solid waste, stormwater, parking, inspections) are mostly on budget, though parking still recovering from COVID. The FY2024 budget process will begin with requests due in January.
• Affordable Housing Deep Dive on Planning and Development Process: Sarah Young (Planning Director) explained the difference between legislative, quasi‑judicial, and administrative approvals. The Development Services Center is the first point of contact for residents. The new Comprehensive Plan will include a place‑type map and 200 policies; a full draft will be available in January 2023, with adoption targeted for summer 2023. A complete rewrite of the Unified Development Ordinance (UDO) will follow via a consultant RFP to address affordability and implement the new plan. Councilmembers discussed the need to make the UDO more accessible, streamline processes, and use faith‑based land for affordable housing.

Key Outcomes

• Closed Session: Council voted unanimously to hold a closed session for attorney‑client consultation concerning Willie Womble v. City of Durham, a federal case. The vote was taken earlier in the meeting and executed at the conclusion of business.
• Consent Agenda: All items not pulled were approved.
• Pulled Items: Several items were discussed but will return for final action at the next regular meeting on Monday, pending clarifications (e.g., WATO partners, lease inflation adjustment, contract language).
• Budget Schedule: The FY2024 budget development schedule was presented and noted; council budget requests are due in January 2023.
• Affordable Housing Inventory: Council reiterated support for exploring text amendments to allow faith‑based organizations to use excess land for affordable housing.