Durham City Council Regular Meeting and Work Session - February 23, 2024

The Durham City Council met on February 23, 2024, for a regularly scheduled meeting that included public comments, several presentations, a quarterly financial report, a crime report, and an evaluation of the ShotSpotter pilot program. The meeting opened with a moment of gratitude for first responders after an accident outside City Hall. The consent agenda was adopted with two items pulled for separate discussion: a virtual city auction (item 7) and the ShotSpotter response services agreement (item 17). The council also received reports from the Haw River Assembly on plastic pollution and from the Wilson Center at Duke Law on the independent evaluation of the ShotSpotter pilot.

Consent Calendar

• Appointments: Glenda J. Ang nominated to the Durham Affordable Housing Implementation Committee (category: resident from Durham Housing Authority properties); Asme Kuroch nominated to the Human Relations Commission (category: other person).
• Contracts and agreements: Bid reports, interlocal agreement for sales tax distribution, grant funding agreement with El Centro Hispano, cooperative purchase for boom trucks, design agreement for parking facility improvements, playground replacements at Whipple Park and CR Wood Park, transit grant amendments, services agreement with GoTriangle, and several other routine items.
• Pulled items: Item 7 (Resolution authorizing virtual city auction) was pulled by Councilmember Baker for follow-up questions. Item 17 (Contract for ShotSpotter response services agreement) was pulled for discussion later in the meeting.

Public Comments & Testimony

• Jeremy Burke (resident, Iraq veterans against the war): Expressed support for a ceasefire resolution but criticized militarization of social services in Durham. Urged council to address gun violence and poverty at home, noting his own experience with gun violence.
• DeWarren Langley (Charles Hamilton Houston Foundation): Requested the city make boys and young men of color a policy and budgetary priority. Cited program outcomes: 100% of scholars report empowerment, 100% college acceptance, 98% career placement with an average annual income of $69,071.
• Julian Mack (GoDurham bus operator): Described a November 2023 incident where his bus was shot up. Demanded the city act to improve safety for operators and passengers.
• Sarah Maxwell (GoDurham bus driver): Noted 49 murders in Durham in 2023 and 853 shootings (a 12% increase). Demanded the city instruct the police chief and district attorney to bring perpetrators of violence against bus drivers to justice. Mentioned a Route 8 bus shooting three months ago.
• Juntei Dunstan (in-person): Spoke in favor of reinstating ShotSpotter, arguing the community wants it and that response times have suffered without it. Disagreed with the Duke evaluation findings.
• Abdul Nasser Rad (Campaign Zero, online): Thanked the council for not renewing the ShotSpotter contract. Cited evaluations from Chicago and the National Institute of Justice concluding resources are better used on other solutions.

Discussion Items

• Haw River Assembly Presentation (Plastic Pollution): Madison Haley and Emily Sutton (Haw River Keeper, virtual) presented research on litter in waterways using trash traps. Key findings: Over 40,000 pieces of trash collected from Third Fork Creek, mostly Styrofoam and plastics. Recommendations included fencing around a car wash that contributes to litter and requiring more wildlife-friendly erosion control materials (e.g., alternatives to plastic silt fences). Council discussed preemption laws limiting regulation of single-use plastics and urged public education on storm drains and reusable materials.
• Quarterly Financial Report (Q2 FY2024): Director Christina Reardon reported:
  • General fund: Projected positive variance of $7.4 million ($5.9M from expenditures, primarily personnel vacancies; $1.4M from revenues). No departments expected to exceed budget.
  • Property tax: Projected to meet budget; sales tax slightly under budget at Q2 but expected to recover.
  • Enterprise funds: Water/Sewer positive variance $2.7M; Transit positive variance $4.1M (due to delayed service enhancements); Solid Waste positive variance $345K; Stormwater positive variance $7.6M (strong revenue collections).
  • Parking fund: negative variance of $326K; operating revenues under budget; staff noted the fund has not fully recovered from COVID-19. Manager said multi-year projections aim for break-even.
  • Councilmember Rist inquired about total surplus across funds (estimated ~$15-17M). Questions also raised on budgeting for persistent vacancies; staff explained adjustments based on historical fill rates.
• Quarterly Crime Report (Q4 2023): Chief provided detailed statistics:
  • Violent crime: 49 homicides in 2023, notable increase in rape and homicide; robberies down 3.79% overall. 76% of robberies were from persons; 39% of robbery victims were Hispanic.
  • Aggravated assaults: Seven incidents on GoDurham buses in 2023 (three cleared by arrest, two pending warrants, one still open due to victim non-cooperation).
  • Shooting incidents: Increased 11.8% in 2023, but victims shot decreased 13.6%. 79% of gunshot incidents in the pilot area were initiated by ShotSpotter alerts with no 911 call.
  • Property crime: Motor vehicle theft up 134% year over year; 54% of stolen guns were from unlocked motor vehicles; 85% of stolen vehicles recovered (many used in other crimes).
  • Clearance rates: Homicide clearance at 71.4% (well above national average). Staffing at 76% sworn, 86% non-sworn. Recruitment efforts improved (most applicants since 2018). Female officers at 17.5% (above national average of 12%).
  • Response times: Average priority one response time increased 1.9% from 2022; target of 5 min 48 sec not met. Only 49% of calls answered within 5 minutes.
  • U Visas: 40 requests in Q4, 30 approved, 10 denied.
  • Council thanked chief, discussed disparities in clearance rates, and expressed concern about understaffing and response times.
• ShotSpotter Evaluation Presentation: Dr. Philip J. Cook (Duke University, Wilson Center) presented independent evaluation of the one-year pilot (installed December 15, 2022). Key findings:
  • 1,447 total notifications; 57% from ShotSpotter only (no 911 call). Total gunshot notifications more than doubled in the pilot area.
  • Confirmation rate (officers confirmed gunshots): ~20% overall; higher for 911 calls than ShotSpotter-only.
  • Response time: Median response time improved by 1.2 minutes due to ShotSpotter; for longest response times, improvement of 3.6 minutes. However, regression analysis found no statistically significant improvement in arrests, evidence collection, or witness interviews for 911 calls with ShotSpotter alerts.
  • Broader coverage: ShotSpotter provided 73 confirmed cases with no 911 call, leading to 7 on-scene arrests and 71 cases with evidence collected. One possible life saved where officers provided first aid to a shooting victim before a 911 call was placed.
  • Cost: Budgetary cost of $225,000 for the pilot; opportunity cost of 2% increase in priority two deployments citywide.
  • No detectable impact on overall gun violence rates due to high month-to-month variability.
  • Council discussion: Councilmember Rist noted the evaluation showed productivity gains from broader coverage, not from faster response to 911 calls. Mayor Pro Tem Middleton cautioned against using Chicago as a comparison, stating Durham's pilot was a model with proper guardrails. Mayor Williams emphasized the anecdotal value of residents feeling safer and the potential life saved. Councilmember Caballero thanked all parties. No vote taken; item 17 moved to next meeting's agenda for further deliberation.

Key Outcomes

• Consent agenda settled: Items 1-6, 8-16, 18-21 approved as GBA (Group B Agenda) for next meeting. Item 7 (virtual auction) pulled for councilmember follow-up. Item 17 (ShotSpotter contract) pulled and moved to GBA for further discussion at a future meeting.
• Public hearings: Items 25-27 (annexation and zoning changes) scheduled for Monday, February 26, 2024.
• Closed session: Council moved to closed session under NCGS 143-318.11(a)(5) to discuss contract negotiations for real property acquisition.
• Budget and policy direction: Council expressed intent to continue reviewing ShotSpotter data before making a final decision. Staff directed to communicate with GoDurham's operating carrier about bus driver safety concerns.