Durham City Council Meeting - May 13, 2024

The Durham City Council met on May 13, 2024, to address a wide range of issues including trail connectivity, water management, police availability, ARPA fund obligations, affordable housing, immigration legal services, the Fayetteville Street Corridor investment, and the declaration of surplus city properties for affordable housing. The council also approved funding for the Carolina Theater roof repairs, discussed the ARPA audit, and rescheduled a July work session.

Consent Calendar

• Approved consent agenda items 1-17, 19-34, 42, and 43 (with several items pulled for discussion).
• Settled the consent agenda with a unanimous vote.

Public Comments & Testimony

• Jared Rist (son of Councilmember Carl Rist) spoke against adding fluoride to Durham's drinking water. He cited a 2023 National Institutes of Health review that found fluoride exposure associated with lower IQ in 52 of 55 studies, and noted that only 2% of Western Europe fluoridates its water. He urged the council to apply the precautionary principle, particularly for low-income residents who cannot afford filters.
• A blind resident described a 911 call in October 2023 where she was told no police were available to respond to a stranger on her porch. She alleged the shortage resulted from the council's decision not to hire more officers, and requested: 1) allocate sufficient budget to hire additional police, and 2) train and deputize citizens, including those with disabilities, to protect themselves when police are unavailable.
• DeWarne Langley (online) requested $250,000 for the Charles Hamilton Houston Foundation to support academic and career programs for boys and young men of color, noting that 100% of participants in the Young Men of Excellence program reported success, and 99% of fellows in the career pathway program secured employment averaging $69,071.
• Jacqueline Waxtop criticized the council for voting against funding summer camps during the prior meeting, arguing that community organizations on the ground have been doing the work without city support. She also questioned the allocation of $1 million to a domestic workers program that is not based in Durham, and requested an update on revenue from mayoral t-shirt sales.

Discussion Items

• Announcements: Councilmember Cook reported on a trail tour highlighting connectivity and acknowledged historical inequities. Councilmember Caballero promoted Bike Month and noted upcoming pedestrian safety events. Councilmember Rist described a water management tour and requested a parks and recreation presentation at the May 23 work session. Councilmember Freeman spoke about the Boys & Girls Club, recent gun violence, and the need for summer youth resources.
• Priority Items: City Manager Page presented items 18, 19, 27, 35, 38, 42, and 43. Council approved the priority list 7-0, then suspended rules for item 18.
• Item 18 – Carolina Theater Roofing Renovation: Council voted on four ordinances: (1) amending the CIP to reallocate $224,842 from Durham Bulls Athletic Park upgrades, (2) amending the ballpark CIP to transfer those funds, (3) authorizing a contract with Simon Roofing & Sheet Metal Corp. for $938,297.76, and (4) establishing a contingency fund of $140,744.24, allowing total modifications not to exceed $1,079,042. All passed 6-0 (Councilmember Rist recused due to his board membership on the Carolina Theater).
• Item 7 – ARPA Performance Audit: Audit Services Director Dr. Brulington presented an audit observation noting that 42% of ARPA funds had been obligated and 23% spent, with a December 2024 obligation deadline. Management concurred with the recommendation to develop a reallocation process by June 2024, and will report back to council in August 2024. The largest uncommitted portions are the Fayetteville Street Corridor project and affordable housing ($13.5 million).
• Item 9 – Planning Department Work Program: Councilmember Cook highlighted the new format and long-range initiatives including the Unified Development Ordinance, small area plans for Walltown/Northgate, and the Miami Page Design District (formerly RTP 3.0). Planning staff confirmed that Walltown work has begun as a pilot.
• Item 10 – DHA Bonds for Sankofa Landing: Councilmember Cook asked about the bond issuance process. Staff explained that Durham Housing Authority acts as a conduit issuer with no city liability. The resolution approves revenue bonds for the first mortgage. The $9.7 million city ARPA loan is part of the $13.5 million affordable housing allocation, with closing expected in early fall 2024.
• Item 12 – Durham Community Land Trust Renovation Loan: Councilmember Cook discussed the 50-year affordability period (permanent affordability) and the forgivable loan structure. The land trust owns the land fee simple, and the loan will be forgiven after 30 years with continued compliance for 20 more years.
• Item 13 – Continuum of Care Grant: Councilmember Cook asked about the $76,733 grant for planning activities. Staff explained the city's role as collaborative applicant for the HUD Continuum of Care, and that the funding supports administration and planning for the 50-member coalition.
• Item 20 – Fayetteville Street Corridor ARPA Funding: The council approved $10 million in two contracts (ARPA revenue replacement and regular ARPA) to the St. Joseph's Historic Foundation (fiscal agent) and the Hayti Promise Community Development Corporation. Councilmember Baker and Mayor Pro Tem Middleton expressed support for the historic investment, while emphasizing the need for community engagement, collaboration with city departments, and leveraging additional funds (e.g., $6.7 million in transit improvements). Mayor Williams stressed the urgency of moving forward to avoid missing federal funding opportunities.
• Item 31 – Micro-Mobility Ordinance Revision: Councilmember Rist pulled the item to thank staff for updates that expand options for scooters and skateboards.
• Item 43 – ERP Contract with Oracle: Councilmember Cook asked about the separate RFP for inspections/planning. Chief Pet Officer Raven confirmed that two RFPs were issued, and the Oracle contract is for the core ERP (including utility billing and human capital management). The current Munis system is on-prem and has been outgrown.
• Item 19 – Surplus Properties for Affordable Housing: General Services presented a study of 100 parcels from the city's 1,134-parcel portfolio. The HRNA model identified 10 high-scoring sites with potential for 46–106 affordable housing units. Council approved declaring the properties surplus. Councilmembers discussed land banking, permanent affordability, mixed uses, and collaboration with the county and other partners.
• Item 27 – UNRBA Budget: Stormwater staff presented the Upper Neuse River Basin Association's fiscal year 2025 budget, which is under $1 million for the first time since 2017. The council approved a resolution of support. Staff noted that Falls Lake nutrient rules are still in development, with a likely completion in 2027–2028.

Key Outcomes

• Votes: Priority items approved 7-0. Carolina Theater roof project approved 6-0 (Rist recused). All other pulled items (7, 9, 10, 12, 13, 20, 31, 43) were approved as part of the consent agenda after discussion, with no separate votes recorded.
• Directives: Staff to develop an ARPA reallocation process by June 2024 and report back in August. The Fayetteville Street Corridor CDC will work closely with city departments; small area planning will be coordinated with the planning department. The surplus properties are declared surplus; staff will determine the best disposition method (RFP, upset bid, etc.) with a focus on affordable housing.
• Calendar Change: The July 25 work session is rescheduled to August 5, 2024, with a work session at 1:00 p.m. and a council meeting that evening. The change was made to accommodate council member schedules.