 Oh, he manly thing to do. Yeah, that's a bit of a problem. I'm looking forward to it. That's what my husband would do. That's not a parting or reward. I'll be there hot at the university. He's eager to do this. Is that tomorrow? You want to see what we worked on over the weekend? Oh, yeah. We're trying to fix up our house. I was going to say, did you ever go look at Bill's other house? No, because I had a heart to heart with my husband. And this is what our fireplace looked like. I called Nina after the name of this. I don't know about it, but she's sitting out. Oh, I like that better. Yeah, it's not better. And then we're going to paint this black. I mean, no. Yeah, we do. It's like this back wall. No, no. I was like, are you broad? I'm sitting here in the building. Yeah, I had a brass one in the black. What happened to the term? He just doesn't want to leave that. How are you doing? I'm well. How are you? Good. You guys should go on. Did you get our friend on the phone today? Not on the phone. Can you respond? I'll let you know. Good evening. I'd like to call this meeting of the Durham City Council to order on Monday, September the 4th, 2018 at 7 p.m. And certainly want to welcome all of you all who are here in attendance today. Could I ask you to please join me in pausing for a moment of silent meditation? Thank you. Council Member Reese. Good evening colleagues. Good evening, everyone. Thank you for being with us tonight. If you're able to do so and if it's your practice, please rise and join us for the Pledge of Allegiance. The Pledge of Allegiance. In addition to the flag of the United States of America and to the Republic for which it stands, one nation, another God, individual with liberty and justice for all. Thank you very much. I'm going to ask the clerk if she would please call the roll. Mayor Schuyl. Here. Mayor Pro Tem Johnson. Here. Council Member Alston. Here. Council Member Caballero. Here. Council Member Freeman. Here. Council Member Wilton. Here. Council Member Reese. Here. Thank you. Now we're going to proceed with our ceremonial items. Good evening, everyone. Our first ceremonial item tonight is very important and significant one for our city and as well as for many of us as individuals. I am here tonight at this podium to present a proclamation memorializing the life of Dr. Phel Nguyen Jr. and where I call up his wife and son to join me. I do want to say just a word of my own experiences with Dr. Nguyen. I was fortunate enough to serve on the board of the Durham Tech Community Foundation for 21 years. I chaired the board for many years and under the tutelage of Phel and Lou I really, really enjoyed that board, both my leadership position and my service on it for many years and Steve Tuller was on that board. I think we resigned at the same year and I think you'd been on even longer than I had Steve. I will tell you that it was a very unusual board meeting. Here was the thing that happened to that board meeting. It was always an hour. It was never an hour in one minute. It was always an hour. It ran like clockwork and great things happened on that board. Here's another thing that happened at the meeting. The room would always be full of Durham Tech employees. All of us trustees would be sitting around the table but there would be all these Durham Tech employees and students out there as well in the room and Phel would go around introducing each by name to us telling them what they did, telling us what they did, knowing something about everybody and having something special to say about everybody. One year, one of the meetings I brought my boys with me because I had my boys that day. I don't know, maybe Leo was working and I wasn't as Councilmember Reese has his daughter here tonight and I brought the boys to one of the meetings and Phel got to meet them and I don't know, I think they kind of ran around crazy but ever since then, all those years, every time he'd see me he asked, how are Abe and Solly? He remembered their names and he would always ask something special about them. That was I think one of his most special qualities. I remember at his big retirement party, I must have been 300 people in that room and I know every single person in that room felt the same way I did that Phel had something special to say to them that night and that's the kind of person he was. And then I want to say something about just one thing. We know all about them. I'm going to read in a little bit about some of his commitments and we're going to hear from Peggy and Rassan but I just want to say one particular thing that has really been on my mind since he passed away. In January, maybe it was early February, I gave my State of the City speech and I has failed to come and be recognized for the work that he was doing for a Housing Trust Fund and I remember how excited he was to do that work and those of us who have followed that work and the money that he had already raised for our Housing Trust Fund, Reginald has been in those meetings, that the tremendous work that he was doing to lead the formation of this very, very critical resource to Durham and I know that he kind of considered that one of his last projects at Duke that he was really going to push over the finish line. And I just want to say that we are going to finish that work. We're going to finish that work, not only for the City of Durham but we're going to finish that work in honor of fail and his leadership of that effort. This will, this will. So I know we all have our memories but those are a few of mine that I wanted to share and I'm going to now ask the family to come up and join me here and I'm going to read this proclamation and present it. So I think this is a beautifully framed proclamation and thank you to the clerk's office for doing it, great job and I'm going to hand it to you because somebody besides me should hold it and I'm going to read this version of it and then I'd love to hear some words from you all. I think before I do though I should say I believe this is the first time Mayor Bell has been back in the house and he's here to honor fail as well and just want to thank you for being here, Mr. Mayor. Proclamation memorializing Dr. Failwin Jr. whereas on the recent passing of Dr. Failwin Jr. Durham lost one of its favorite sons far too early and whereas Failwin was born in Wewoka, Oklahoma on September 8th, 1947 to Valerie Fletcher-Winn and the late Failwin Sr. retained a strong loyalty to his home state which he often mentioned with affection and whereas his passion for education and service never ceasing he earned an undergraduate degree from the University of Oklahoma for six years as an officer in the U.S. Army including a combat tour in Vietnam following which he earned his master's and Ph.D. degrees from North Carolina State University his MBA from the Kenan Flagler School of Business at the University of North Carolina and whereas Dr. Winn was named president of Durham Technical Community College in 1980 and became the first African American Community College president in the North Carolina system serving 28 years in that position during which time Durham Tech served tens of thousands of Durham residents in providing training and instruction in high technology jobs and whereas after retirement from Durham Tech he was named the first Vice President newly formed Office of Durham in Regional Affairs at Duke University and greatly strengthened trust between Duke and the Durham community supporting with Duke's resources and his own time and ideas a multitude of essential community organizations and causes and whereas Dr. Winn deeply loved Durham with all her strengths and challenges and whereas Dr. Winn served as a member of the Board of Directors of the Triangle Community Foundation a member of the Board of Governors of Research Triangle Institute and a member of the Corporate Board of Directors of Sun Trust Bank and North Carolina Mutual Life Insurance Company and was a founding trustee of the Kenan Institute for Engineering Technology and Science at NC State and also served on the boards of the directors of the Research Triangle Foundation of North Carolina the Glaxo-Smith-Colin Foundation and the Forest at Duke and whereas Dr. Winn was a member of the Alpha-Talbule chapter of Sigma Pi Phi fraternity which was established as a support system for black professionals that focuses on educational and professional achievement, commitment to addressing needs in the black community, congeniality, cultural compatibility and the potential to engage in good fellowship. Through this membership Dr. Winn shared fraternal bonds with Dr. Carter G. Woodson, Dr. Charles R. Drew and two of Durham's adopted sons, thank you, Dr. John Hope Franklin and former Mayor William V. Bill Bell whereas Dr. Winn was a spring 1967 charter initiator of the University of Oklahoma's Zeta Zeta chapter of Alpha Phi Alpha fraternity incorporated the first African-American intercollegiate Greek-led organization. Dr. Winn exemplified the mission of Alpha Phi Alpha fraternity incorporated which is developing leaders, promoting brotherhood and academic excellence while providing service and advocacy for our communities. Like Dr. Winn, the Civil Rights icon, Dr. Martin Luther King, Jr., NAACP founder and educator Dr. W. E.B. Du Bois and historian Dr. John Hope Franklin were also notable members of both fraternities and whereas Dr. Winn was particularly devoted to the cause of early childhood education and helped lead community efforts to greatly expand the number of children served in quality preschools and whereas Dr. Winn was a tireless advocate for affordable housing efforts in Durham and led a community-wide dialogue that will result in innovative collaborations with the City of Durham Habitat for Humanity, the Durham Community Land Trustees, the Latino Community Credit Union and Self-Help to support and expand housing opportunities for Durham residents and whereas during the last year of his life Dr. Winn was in the midst of leading the effort to fund and establish an affordable housing trust fund for Durham which is critical to the success of the city's affordable housing efforts and to which in his memory we can recommit ourselves to completing and whereas Vail Winn was a good friend to many, many Durham residents, always greeting them with a kind word, his bright smile and a sincere question about their well-being and whereas he was a master storyteller with a prodigious memory and a great sense of humor and a Harley-Davidson aficionado and whereas in addition to his work-life and community service he was above all a loving husband to Peggy Winn and proud devoted father to his son, Rassan, Vail Winn. Now, therefore, I, Stephen M. Schull, Mayor of the City of Durham, North Carolina do hereby proclaim the 4th of September, 2018 as Dr. Vail Winn Jr. Day in the City of Durham and hereby commend its observance to the residents of Durham in recognition that in the loss of Dr. Winn, Durham has lost one of its first citizens and finest leaders. Witness my hand at the corporate seal of the City of Durham, North Carolina, this 4th day of September, 2018. Thank you. On behalf of my late husband, Vail Winn, our son, Rassan, Sam, Vail's brother and his other brother, Michael Winn, who lives in Lewisville, Texas, his mother, Dr. Valerie Fletcher Winn, I'd like to say thank you and thank you to all of you who come out here tonight and to the elected board members. Thank you for this consideration. Our family is very proud to receive this honor this evening. I am so glad to hear you say that you all are going to continue Vail's vision with the affordable housing. That was a regular conversation at our table and all the projects that are going on here in the city. We have enjoyed being residents of Durham, Durham County, and I hope to be here for a long time. I am a North Carolinian. I was a true North Carolinian. I was born here and I have been here all my life and when I met Vail from Oklahoma and believe it or not only a few people know this but I married the first person I ever met from Oklahoma. But my biggest fear was that we would have to leave North Carolina because Vail did talk a lot about OU football and I was so afraid we would end up in Oklahoma. So I immediately start pointing out all the wonderful things about North Carolina. It's people, the universities here and Vail was one of those people who thought education would fix everything and my son and I have laughed recently about this. I remember whenever my son would run short on money when he first went into the military Vail was always there with a piece of paper something else to read to learn how to manage your money better no matter what was wrong with you he would give you something about education if you improve your education on this you would do better. If you were complaining about a health issue read this you can fix yourself that's what he really believed education was very important to him I remember he came to Durham Tech one of the things that he was mostly concerned about was employment for the citizens of Durham we arrived here in Durham when a lot of the tobacco factories a lot of manufacturing jobs were leaving this area and people were being displaced we were meeting people everywhere we went who were talking about this and Vail immediately started trying to figure out how we can re-educate people and get them back in the job market the other thing he was concerned about was benefits for veterans Vail was a Vietnam veteran he was very proud of serving in the military but he tried to educate veterans about going out and pursuing the benefits that they were eligible for when they came back and one of them was go back to school and he did a lot of counseling with young men and trying to get them ready to get into an education program and to get into employment thank you again for this wonderful, wonderful accolade that you have bestowed on my past husband so thank you again enjoy the rest of your evening and I think we are going to slip out Sam in a few minutes, okay? Thank you Thank you so much you're a family of eloquent speakers I also want to thank our friends from Duke University for being here I did hear from Dr. Ingram he wasn't able to be here tonight but is looking forward to a ceremony at Durham Tech where Dr. Wynn will be honored there so I know that many of you all probably don't want to stay for our entire meeting you will not hurt our feelings if you decide to leave early I'm now going to ask Council Member Reece to come we have another ceremonial item before we begin our regular order of business Council Member Charlie Reece to come and do the honors believe, yes thank you for joining us tonight I'm going to read a proclamation from the Mayor declaring this to be National Recovery Month with me tonight is Robert Thomas from the recovery community of Durham he's going to accept the proclamation after I get done reading it and maybe he'll favor us with a few words about how important this particular month is whereas behavioral health is now being recognized as an essential part of one's overall health and well-being and whereas the costs of not encouraging mental health and substance abuse recovery is significant for individuals, families, neighborhoods, and the community at large and whereas people in recovery strive to achieve healthy lifestyles staple homes, meaningful daily activities stronger neighborhoods and contribute in positive ways to the larger community and whereas the Centers for Disease Control reports that drug overdose is now the leading cause of accidental death in the United States 64,000 lethal drug overdoses in 2016 opioid addiction is driving this epidemic accounting for 42,249 overdose deaths approximately two thirds of all overdoses and whereas the substance abuse on mental health services administration reports that in 2017 43.8 million adults experienced mental health excuse me, mental illness and only 44% received a mental health treatment and another 22.7 million adults were in need of substance abuse treatment while only 10-12% received treatment that given these statistics we must strive to reduce the stigma shame and negative stereotypes associated with brain disorders and help individuals, families, and the larger community learn to view them as we would any other medical condition and whereas to help more people achieve and sustain long-term recovery the United States Department of Health and Human Services the Substance Abuse and Mental Health Services Administration the White House Office of National Drug Control Policy and the Recovery Community of Durham invite all residents of Durham, North Carolina to participate in National Recovery Month now therefore I, Stephen M. Shule Mayor of the City of Durham, North Carolina do hereby proclaim the month of September 2018 as National Recovery Month in Durham and call upon the people of Durham to observe this month with appropriate programs, activities, and ceremonies to support this year's theme Join the Voices for Recovery Invest in Health, Home, Purpose, and Community Witness my hand on the Corporate Seal of the City of Durham this Fourth Day of September 2018 and then signed by Stephen Shule Mayor of the City of Durham Thank you and I've got Mr. Thomas here to say a few words I want to thank the excuse me, I'm sorry I have been on the phone almost all day talking about our activities that are coming up this Saturday September 8th at Durham Central Park really can you hear me I want to thank Mayor and the City Council for this proclamation and for once again reaffirming their support thank you so much for recovery from mental health and substance use disorder problems in Durham I'm the Chair of the Recovery Community of Durham we are a group of volunteers that work together to support and promote recovery in Durham we do that by providing peer-to-peer support information about resources and hosting recovery events to demonstrate that people can and do recover in Durham so we are hosting an event this Saturday in support of SAMHSA's designation of September's National Recovery Month it will be at Durham Central Park it is 6pm we're going to have live music children's activities it's a free family friendly event and we will also have many inspiring speakers to demonstrate that recovery is possible so I certainly want to invite the Mayor and the City Council to attend but I'm also speaking to the larger community because there is still too much shame and stigma associated with brain disorders and that causes people to run and hide rather than seek treatment and so we really need the larger community to come out and demonstrate support for recovery that they understand that these are medical conditions for which there are medical treatments that this is a public health problem not a criminal justice problem and I think SAMHSA also reports that in any given year 25% of families will experience some level of a mental health problem what that tells me is everybody knows someone this is no longer a secret this is something that is out in the open and by the way the figures on the opioid crisis the CDC just released numbers for 2017 and that figure is now 72,000 individuals who overdosed that's about 200 a day I think that's instructive because we can't assume that all of these people no reasonable person can assume that all of these people were weak-willed with lack of character and no moral willpower I think it's also instructive that the CDC says that 80% of the people entering opioid use disorder treatment for the first time began their use through the use of a prescription under a doctor's care they assumed that if they were following the doctor's instructions they would not become addicted but it is simply a fact of opioids that if you use them long enough over a long enough period of time there is certainly every chance that they will become an addiction so what we want to do is again achieve parity with physical disorders that people will look on these as nothing more than a medical problem that people should go seek medical treatment for so we invite you all to come out on Saturday September 8th 2-6pm please join us for our ceremony and support people in recovery thank you thank you very much Mr. Thomas and thank you very much Councilmember Reese thank you all for being here I hope Bill Bell is not planning to leave after all the years that he tortured us I think we ought to make him sit through this meeting pull a chair right up here Mr. Mayor right beside me in your room okay alrighty we'll now move on to our through our agenda thank you all so much for being here and I'll ask first are there any announcements by the City Council Councilmember 7 Councilmember Reese the risk of monopolizing the proceedings this evening I did want to bring greetings from the White Rock Child Development Center on Friday August 24th I had the happy pleasure of attending a banquet in celebration of their 20th anniversary as a Child Development Center here in the City of Durham they asked me to deliver two messages tonight which I will do so now Dr. Jerry Head is the Chair of the Board of the White Rock Child Development Center wanted me to tell everyone on the Council has heard that the motto of the City is great things are happening in Durham he wanted us to know that the White Rock Baptist Church and their Child Development Center are smack dab in the middle of those great things so they wanted me to share that message the other message I got Mrs. Elizabeth Frazier who is one of the three founders of the Child Development Center she is north of 90 years old and was amazing she spoke at length during the banquet ceremony and she asked me to pass along this message it is a quote from a Quaker missionary that she delivered with a lot more gusto than I'm going to but it went something like this I shall pass this way but once any good that I can do or any kindness I can show to any human being let me do it now let me not defer or neglect it for I shall not pass this way again that was from Mrs. Elizabeth Frazier one of the co-founders of the White Rock Child Development Center just another one of the things that makes our city great Mr. Mayor. Thank you. Thank you very much Council Member any other announcements? Mr. Mayor? Yes sir, Council Member Middleton. Thank you Mr. Mayor I just want to send a birthday shout out to the dean of our legislative delegation representative H.M. Mickey Michelle is 88 years old today so I'm sure he's somewhere turning up right now watching these proceedings so if you hear any raucous celebrations in our city tonight don't be alarmed it's the dean turning up happy birthday Representative Michelle Thank you I do want to say that we issued a proclamation for Representative Michelle's birthday which is in the possession of Omar Beasley here in the audience and I'm looking forward to his reception of that so thank you Any other announcements? Council Member Friedman I just wanted to share that I had the opportunity to present a proclamation for Mr. Lee Williams a gospel great in the community who was visiting Durham, North Carolina and I really want to thank crowd for for really I actually had no clue who Mr. Lee Williams is I'm afraid and I really have become a fan Great thanks for doing that All right do we have any more announcements? Okay if not then I will move to priority items Mr. Manager any priority items? Thank you Mr. Mayor good evening everyone no priority items from the City Manager's Office All right Mr. Attorney Thank you Mr. Mayor and Council no priority items Good evening Mr. Mayor Council and City Manager I do have a priority item and I'm honored to announce that the application for the CESQUIS Centennial Honors Commission closes this Friday September 7th at 5 p.m. for delivered copies and midnight for electronically submitted applications to date we have received two applications and I encourage you to contact your neighbors your associates and other interested parties about the opportunity the Honors Commission is charged with making recommendations to Council of the residents from Durham's first 150 years of the honor during Durham's 150th celebration next year and to find the application online it's very easy there are three steps you go to www.durhamnc.gov to the government tab click on boards committees and commissions then scroll down to the application apply for the board in gold there's a gold button there so I encourage all and we'd like to have a nice big group there are five so we encourage all to submit your applications thank you very much madam clerk so please spread the word we would love to have some more applicants for that commission that's going to be not only important but fun and very enjoyable work I think so thank you so much alrighty we'll now move to the consent agenda I'm going to read the items on the consent agenda the consent agenda can be proved by a single vote of the council the public or the council can pull items from this consent agenda which will then be considered at the end of the meeting item one of the consent agenda approval of city council minutes item two Durham Bicycle Pedestrian Advisory Commission appointments item three racial equity task force appointments and I'm going to pull that item for consideration at the end of the meeting item four Durham city county environmental affairs board appointments an equity GAER implementation and innovation fund project grant item 7 replacement buses from gillig llc for go Durham transit operations item 8 central park water line replacement construction contract change order number 3 on number 8 okay we'll pull number 8 number 9 sewers system evaluations survey services contract with CDM Smith for professional engineering services, item 10, selection of financial advisor, selection 11 bid report, July 2018. Item 12, design contract with tributary land design for the Rock quarry park upgrades project. Item 13, construction contract with recreational ventures Inc. DBA court one for athletic court renovations, Marion Road Park. Item 14, contract with biz library for e-learning course content training library. Item 15, contract SD 292, 2018, unpaid road study. Item 16, contract for South Elbrich stormwater project building demolition services contract, SP 2017-01. Item 20, this item can be found on the general business agenda public hearings. I will now accept the motion to approve the consent agenda with the exception of items three and eight. So moved. And moved and seconded that we approve the consent agenda with the exception of items three and eight. Madam clerk, will you please open the vote? Close the vote. The motion passes seven zero. Thank you very much. We only have one general business agenda item tonight, one public hearing. Item 20, unified development ordinance text amendment FEMA firm updates. Thank you very much, Michael Stock with the planning department. Before I begin, I'd like to note that all required notification for this public hearing item has been performed and is on file for review. Text amendment TC 18003 is a technical update to the unified development ordinance specifically section 8.4 of the ordinance to adopt revised flood insurance rate map or firm panels issued by the federal emergency management agency or FEMA by October 19, 2018 as required by FEMA and state law. That is in order to maintain Durham's participation in the national flood insurance program or the NFIP. The NFIP requires local communities as a condition of future federal financial assistance and federally backed property flood insurance to participate in the flood insurance program and to adopt flood plain ordinances consistent with federal standards to reduce or avoid future flood losses. FEMA implements the NFIP and the North Carolina Division of Emergency Management serves as a state coordinator. Once FEMA approves a flood map, for the NFIP each local government affected by flood plain must incorporate the revised map into its flood plain ordinance. No new flood insurance coverage can be provided until that occurs. This proposed text amendment would adopt the firm updates containing all of Durham County which are revised effective October 19, 2018 by the effective date as required. There are some firm panels that are not being updated at this time primarily those at the border with Granville and Wake counties. Those are anticipated to be updated and there will be subsequent text amendments associated with those updates. The Joint City County Planning Committee reviewed the text amendment and had no concerns. The Planning Commission recommended approval 12-0 of the text amendment on July 10th, 2018. As a reminder, city council required to take two actions. The first would be an action on the appropriate statement of consistency found as attachment A and the second would be the action on the ordinance amendment itself which is attachment B. Thank you, I'll be happy to answer any questions. Graham Somerson of the City Stormwater Services Division is also here to answer questions. Thank you very much, Mr. Stock. You have heard the report of staff and I'm now going to declare this public hearing open and I'm gonna first ask if there are any questions for staff from members of the council. Any questions? If not, is there anyone here who has signed up to speak on this item or who would like to speak on this item? Is there anyone here who would like to speak? This is a public hearing. Would anyone like to speak on this item? If not, I'm gonna ask if there are any questions or comments from the council at this time. Hearing none, I'm gonna declare this public hearing closed and the matter is back before the council. We need a motion to adopt the appropriate consistency statement. So moved. Moved and seconded that we adopt the appropriate consistency statement. Madam Clerk, will you please open the vote? Close the vote. The consistency statement passes 7-0. Thank you. And then we need a motion to adopt the ordinance. So moved. Second. Moved and seconded that we adopt the ordinance amending the UDO. Madam Clerk, will you please open the vote? Close the vote. Motion passes 7-0. Thank you very much. Thank you. Mr. Stock, thank you so much. Alrighty, we will now move to the two items that we need to take up from the consent agenda. The first is Racial Equity Task Force appointment. So I'm gonna first recognize Council Member Middleton. Thank you, Mr. Mayor and thank you, colleagues. Good evening to all of you. I wanna firstly thank my colleagues for their openness and willingness to go down this path of having a serious conversation in our city regarding racial equity. I particularly wanna thank our Mayor Pro Tem, Jillian Johnson for her leadership in this and for establishing really the context of this conversation for us. And I know the city is grateful to her for it. I did not have opportunity to be here during the work session when the names that appear before us tonight were settled on. I do however want to thank the Council firstly for excusing me that day and for also for the incredible amount of hard work and thoughtfulness that they've put into this process. And the work has been thoughtful and serious. And it comes from a place I know of deep personal commitment on behalf of every person on this day as for inclusion and equity and diversity and progress. I'm going to make a recommendation to our colleagues. I'm gonna state what the recommendation is first and then I'm gonna say a little bit as to why I'm making it. I'm gonna recommend that we do not vote tonight on these names and that we take this issue back on the consideration and to have further discussion about how we populate this task force. As it stands now, if the action that was going, that was slated to take place tonight goes forward, we will have probably just one African-American male on this racial equity task force. In my assessment, colleagues, for a racial equity task force in a Southern American city where nine African-American male applicants applied for it to be just one African-American male on the task force, I think optically is a shortcoming on our part. Here's the interesting thing though. It's not by design. I think this is a teachable moment for us. This situation actually shows us something important about racial equity and the work of racial equity. And that is systems left to themselves, institutions left to themselves will oftentimes present results or produce results that nobody had malintent for. Nobody directed it, nobody intended it, but it just came out that way. And I think it's interesting that this is kind of an aha moment for us that the seminal trajectory setting event for racial equity in our city would bring us to a point where our, at least in my assessment, the makeup as it stands is probably not the trajectory we wanna start racial equity work in our city with. I think the good thing is that we're under no timetable but our own. We're not under any, we're not being compelled by any government agency, no court order. I think we would take the time, do the work and have further discussion about how we populate this racial equity task force. I think this will be the first great lesson for our city in doing the work of race equity. In the meantime, there is a working group in our city that should be mindful of racial equity issues, us, this city council. And as the first act of putting together this racial equity task force, I think we wanna make sure that the trajectory that we put it on is reflective of the outcome that we want. There's nothing more important than making sure that Durham is a place that is safe and welcoming for all people, no matter what you look like, how you worship, who you love, what your race is, what your economic status is. But I will say that as the only African-American male on this board, I am particularly sensitive and locked in on the composition, what the composition of this board will be if we take action tonight and fill this 13th position, even if it is with an African-American male. I just think optically that a racial equity task force in our city with one African-American male on it when nine applied optically would be viewed as a shortcoming by the people of our city. So with that, Mr. Mayor, I'm gonna yield back and I'm gonna respectfully submit to my colleagues. I don't know if we can do it on unanimous consent or if we have to do a formal vote. I'm gonna recommend that we do not vote tonight and that we have further discussion. And I know one thing I like to do as a leader is that when somebody comes up with something, give them a job. If somebody speaks up in my organization and say, okay, you got a job. So let me go ahead and preempt that I'm willing to work with Mr. Mayor to a direction with whomever to have further discussion about what's the best way to make sure that our racial equity task force looks like the ends we desire for our city. Thank you, Mr. Mayor and thank you, colleagues. Thank you. Thank you very much. Okay, you've heard Council Member Middleton's suggestion and I'm interested in any comments that you have on this item. Council Members? Council Member Austin. Thank you. I'm just having heard my colleagues' concerns. I would feel comfortable postponing this vote if the other members of the Council agree. I think it's a valid concern and if it doesn't do any damage to the timeline that this task force has to work with, I don't see any problem with postponing this vote or to address this concern in some way. I don't know what that answer is. Yeah, thank you. All right, any other comments? Council Member Freeman. Thank you, Mr. Mayor and thank you, Councilman Middleton. I think this was part of that issue that I was trying to raise in the work session when we talked about developing the format for how we would select folks in this committee and recognizing the current structure that all of this is under or the current laws that are in place that would prevent us from creating a system that would specifically point to who we want on this board. I think it's really important to figure out the way because that's what we said we would do to make sure that it reflects what we would like to see on a race equity task force. So I really appreciate Council Member Middleton's comments. All right, thank you. I think that we have a pretty clear direction set by my colleagues. I want to appreciate Council Member Middleton's comments and I think that we were all concerned when we saw the way that our votes did originally come out and appreciate you're giving us another thoughtful response to that, Council Member. If I, hearing no objections, I'm going to simply ask that this be, that we refer this back to the next work session. I don't believe Mr. Attorney, we need to vote on that, do we? All right, so we'll just refer this item back to the next work session. And in the meantime, Council Member Middleton, I'm gonna take you up on your offer and I'm gonna suggest that you have some one-to-one discussions in the next couple of weeks with each of us and so that we can advance our thoughts and if there's anything that you wanna put out in writing in an email that goes to all of us that to further that however you wanna do it, but if you wouldn't mind helping lead us in that, that would be awesome. Thank you, Mr. Mayor. And I wanna just place leadership in quotes. I wanna pay all due deference to the work that's already been done by our committee that's been working on and my colleagues, Councilor Caballero and certainly to the Mayor Pro Tem. So I certainly will, I'm gonna start with them. Yeah, that's all right. But thank you so Mr. Mayor, thanks to my colleagues as well for your openness. I'm sure we can come up with a great solution and appreciate it. I'm now however gonna let you all know one thing that I am planning to do when this does come back to us and that is I am, as you all know, I'm tasked with nominating a chair for the committee and I will be nominating Judge Elena O'Neill as our chair. Judge O'Neill is a person that applied for the committee, was chosen by us. And however it turns out with the exact membership, I've already talked to Judge O'Neill, she's willing to accept and very excited about it. But we won't, I will be nominating her but we won't be taking any action on that until we come up with the membership of the committee and are ready to take action on the committee and the chair. But I did, I have let some people already know that I was planning to nominate Judge O'Neill so I think it's important to go ahead and say that out here in the public forum. So I'll be planning to do that when we are prepared and hopefully we'll be back here. Well, let's think about the timetable a little bit. I referred it back to the work session. That means this Thursday I don't believe we'll be able to hit that timetable. So why don't we say that we will be back at the work session after next. September 20th. September 25th. September 20th. That's not right. 20th, I think. September 20th work session. And we'll have this discussion and we'll take it up the following, we'll take up the membership and the vote on the chair at the following meeting. Everybody good with that? Thank you colleagues. Okay, and we'll now move on to our last item, which is item eight, Central Park Waterline Replacement Construction Contract, contract change order number three. Welcome, Mr. Greeley. And I'll turn it over to Council Member Freeman for her questions. Thank you. I honestly had a few questions about a number of the items but I really wanted to hit this one and then I'll come back around but I do have some questions for you as well, Mr. Bonford. Mr. Greeley, I'm not sure if I missed when this came through before but can you explain with the change order process or how it works for your department? Certainly. Good evening Mayor, Mayor Pro Tem Members of Council, Don Greeley, Department of Water Management. The change order process is consistent with the city's process. In typical construction projects, there's a contingency established for construction projects. That contingency is usually is accompanied by the agenda item when the contracts are awarded, say for a million dollar contract, let's say, if there's $100,000 a contingency when that goes to council, you've authorized a city manager to have contingencies in the project. So if there's a change order, a small change order that goes through, gets entered into Enbase and then gets sent up to the city manager ultimately to approve. It's negotiated upfront, part of the work being done. When we have encountered work that's significant beyond what was awarded by council, then we'll come back to council for a change order to get authorization for that additional funding. In this case, there's infrastructure that's failing. The most cost-effective solution was to actually add it to the existing contract and it was well above the established contingency when the contract was originally awarded by council. Thank you. I'm not trying to challenge whether the contract should change or it should move forward. I'm kind of concerned on, I guess, how much further we go into this direction where you're, well, pretty much this project is already approved and moving forward. You found something that was kind of, there was more work needed than we originally thought. And so we're spending an additional two million. 2.9, yes. 2.9 million to correct that. And I'm recognizing that this area is a highly gentrifying area of the city and that there's a lot more pressure or I wanna say development pressure in this region or in the central city area anyway. And I'm concerned that where there may be other areas that might need to be addressed that we're not looking at that at the same time because this is already a project we're working on. And so I don't wanna, I'm not saying that this project shouldn't happen but I'm concerned that we're prioritizing based on the fact that the ground is open only. And I really wanna know that there's more than that applied to this. We have an overall program for the water distribution replacement, especially in the inner city. We have roughly 167 miles of cast iron line, which is the oldest line in our system. You know, we started out by working all the water lines within the downtown loop. We've moved into Durham Central Park. This fall will be actually bringing out, we finished the design for the water lines that are in the American tobacco area, which extends pretty far east and west of downtown. We recently went out for a large section of the water lines on the eastern side about, you know, away from downtown, which is about a $20 million project. So I'd be happy to revisit and share those graphics with you. As we really moved well into Eastern and that's where we're kind of targeting kind of our next areas. Okay. And then additionally, I had a question. I'm not sure who to direct this to, but there is, what I'm noticing is, I don't know if there's ever been a way to encourage kind of NWBE statistics or standards or a percentage, whatever it would look like to talk about with regards to vendor and purchases. So Ms. Page, you wanna talk about the EBOB ordinance, please? Thank you, Mr. Greeley. And I apologize, I've been trying to catch up and this round of contracts kind of brought it to my attention. Like there were four more contracts that came in and looking at the statistics that were available, it looked like they were very low, like low diversity. There was some that had quite a bit of diversity, but there wasn't any requirements for NWBE for specifically around purchases of vendors. Good evening, Mr. Mayor, members of the council. You actually have observed something that is factual. We do not set specific goals around purchases of materials, apparatus and supplies, but what we do is we analyze our actual use of minority and women-owned businesses. We keep a watch on it, we evaluated every quarter and determined where we are. When we last had a disparity study in 2016, it showed us the availability of minority and women-owned businesses in our market. So we were able to set some benchmarks and we've started to look at how closely we are to reach them and we will be doing an annual report that includes purchases as well as the construction and professional services that you see reported when we enter into construction contracts. In fact, just clarify, Ms. Page, the council has adopted an NWBE ordinance and we have the benchmarks incorporated into that ordinance. Could you briefly just catch that since we- Yes, yes, it's our equal business opportunity ordinance and we have, that ordinance was adopted, I believe, in 2014 and we've been implementing it since 2016 after we, well, we actually had a disparity study in 2014 and so since 2016, we've been tracking and I can certainly provide you a report that demonstrates all of our benchmarks, all of our targets that we have for both construction, professional services, as well as our purchases of material, apparatus and supplies, and just general services. All of those categories have different benchmarks or different goals that we measure ourselves against. And then on a project-by-project basis, they're evaluated as well for availability, yes, actually for any project, that's more than $30,000. We actually look at the scope of work and determine whether or not there is opportunity for subcontracting and if it is, we do apply those goals to the project. If there is not a subcontracting opportunity, we still are looking to make sure we inform minority and women-owned businesses in the hub database of that particular opportunity to contract with the city to be the prime contractor even when goals are not set for subcontracting. Thank you. And just to be even more transparent, just noting that I've been going through the contracts and looking consistently looking at the workforce statistics that are available. And I just continue to be floored by how many of the businesses we work with have zero people of color. And it's really just disturbing me. I haven't found a way to make that point as clear as possible, that we've got to find a way to push a little bit more. And I'm not sure if it's something we need to do as a counselor, with an ordinance, or if it's something that I need to have conversation with our city attorney about. But I don't know what else to say. Like, this is- Thank you, Council Member. I'm gonna say something, which is that I think this is a primary concern to all of us. And if you've been at work sessions now with us for almost a year and you certainly hear how many times I raise this question on individual contracts, how many other times our colleagues are, and this is a big concern. We also do know that there are, unfortunately, some industries in which there are simply no vendors with the no-minority vendors who have the technical expertise, say, for some of these areas. And I think that that is a bigger societal problem that we've got to solve with our universities, our education system, and also that we need to be thinking as a city about how we're going to help some of our folks who do have technical skills, but don't have business experience and capitalization, learn how to get that and help them with- So then also on the retail side of it, as well, finding ways to connect with more minority-owned businesses and women-owned businesses or local vendors, it's important to really hone in on each and every contract. Because, I mean, it's a, it's, if you're not even looking at numbers or statistics for it, then there's no way that, it's similar to the conversation we're having about the race equity task force. If there's no goal, there's no reason to look. And some of it, I mean, in most of the documents where it says zero, or zero percent, because we don't have our ordinance or anything in place, I'm not sure what we do about that. Okay, well, thank you. This is to be continued. Any other comments, council members? Thank you very much, council member Freeman and Ms. Page and Mr. Greeley. I'm going to now ask for a motion on the, to establish the additional contingency funds for the contract and amount not to succeed. No, I'm sorry, to authorize city manager to execute a contract change order and to establish additional contingency funds and to authorize the city manager to negotiate additional change orders for the contract and the total contract costs does not exceed $13,808,870.42. I'll move to second. It's been moved and seconded. Any more discussion? If not, Madam Clerk, will you please open the vote? Close the vote. Motion passes seven, zero. All right, thank you very much. Thank you, council members. And if there's no more work to, there's no more business to come before this body, I'm going to declare this meeting adjourned at 7.57 p.m. Thank you.