Contract Transparency Debate, Wildlife Feeding, and Tenant Protections

The council weighed changes to contract approval thresholds, debating how best to balance transparency, efficiency, and public access to information. Members also discussed a proposed ordinance to strengthen tenant protections for those facing hazardous living conditions, with advocates and city staff highlighting both legal challenges and urgent community needs. 41mins

Animal Control Budget Housing Policy
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Original Meeting

Thursday, September 18th, 2025
14261.0
Full Meeting on YouTube
Video Notes

Welcome to the Durham City Council Work Session for September 18, 2025.

To view the meeting agenda, visit http://DurhamNC.gov/AgendaCenter.

PLEASE NOTE: Comments left on this livestream will not be read or entered into the meeting record.

For details on how to participate, visit https://www.durhamnc.gov/1345

To contact City Council members directly, visit https://www.durhamnc.gov/1323

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Wes Platt
Durham, NC
Neighborhood news guy for Southpoint Access in Durham.
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In This Video
  • Council Member Cook reviewed past expenditure items and expressed concern that raising service contract thresholds would reduce transparency, recommending a lower threshold aligned with the county's recent update.
  • Finance Director Tim Flora described plans to maintain transparency by reporting all contracts quarterly and agreed to consider establishing minimum standards for contract details such as benchmarks and milestones.
  • Council Member Baker supported maintaining the current threshold for goods purchases and proposed a lower increase for service contract thresholds, expressing comfort with a $200,000 limit.
  • Mayor Pro Tem Middleton supported the proposed contract thresholds, citing trust in peer city practices and expressing confidence in the integrity of past contract discussions.
  • Council Member Cook argued that quarterly contract reporting would reduce opportunities for council and public interaction compared to biweekly agenda reviews, and questioned the need for a large increase in contract thresholds.
  • Mayor Pro Tem Middleton supported aligning contract thresholds with peer cities and questioned the rationale for selecting a number between the current and proposed limits, emphasizing the availability of contract information to council members at any time.
  • Finance Director Flora explained that contract information is routinely provided upon request and that reports can be generated for any needed time period.
  • Council Member Cook emphasized that agenda discussions allow council and the public to review contracts before they are signed, unlike quarterly reports which cover already executed agreements.
  • Council Member Freeman highlighted the importance of ensuring contract information is accessible to the public, not just council members, to support transparency.
  • Mayor Williams shared a perspective on representative government, emphasizing the role of elected officials in decision-making while acknowledging differing views on public engagement.
  • Council Member Rist discussed the opportunity cost of spending limited work session time on contract reviews versus broader policy issues.
  • Council Member Caballero explained that municipal government in North Carolina has legal structures and third-party audits to ensure transparency and efficiency, noting that outside assessments and checks exist beyond council contract reviews.
  • Council Member Cook expressed support for a $250,000 contract threshold, noting it aligns with peer cities and accounts for inflation.
  • Assistant City Manager and Acting Director Karmisha Wallace reported on research into wildlife feeding ordinances, noting that several North Carolina jurisdictions have bans focused on education rather than penalties, and provided context for recent resident complaints.
  • Council Member Cook requested an ordinance to address community concerns about wildlife feeding, clarifying the intent to allow bird feeders while restricting ground-level feeders that attract other animals and citing neighborhood damage and health risks.
  • Mayor Williams expressed support for addressing squirrel-related issues in Trotter Ridge and asked about collaborating with the county's animal enforcement department.
  • Assistant City Manager and Acting Director Wallace clarified that county animal enforcement primarily handles emergencies and that the council's intent was to address property owner behavior to reduce wildlife issues.
  • Mayor Pro Tem Middleton questioned the citywide impact of wildlife ordinances, raised concerns about enforcement and penalties, and suggested considering incremental or educational approaches to address localized issues like those in Trotter Ridge.
  • A representative from the Housing Code Administrative Department described the code enforcement process for wildlife feeding violations, emphasizing education, notification, and potential fines, and noted challenges with remediation and effectiveness based on experiences in other North Carolina jurisdictions.
  • Council Member Cook introduced a proposed ordinance revision to provide tenants with additional protections against extreme habitability issues, explaining its use in other North Carolina municipalities and its effectiveness in recent legal cases.
  • Jack Holtzman, a retired housing attorney, spoke in favor of revising the housing ordinance to strengthen tenant protections, citing successful use of similar provisions in Charlotte and Pittsboro and their impact on advocacy and legal outcomes.
  • Donna Batista described severe habitability issues at JFK Towers, including lack of hot water, mold growth, elevator outages, locked bathrooms, and recurring sewage problems affecting residents.
  • Deputy City Attorney Hernandez explained legal concerns about preemption and enforcement of a proposed tenant protection ordinance, citing a recent court opinion and existing state statutes that may limit the city's authority.
  • Council Member Cook explained the limitations of current tenant remedies in Durham, highlighting lengthy code enforcement processes and the challenges tenants face in seeking relief for uninhabitable conditions.
  • Deputy City Attorney Hernandez stated that Charlotte and Pittsboro are not enforcing their tenant protection ordinances due to uncertainty about their legal authority, and advised against adopting unenforceable measures.
  • Mayor Pro Tem Middleton questioned whether the city could issue official evaluations of uninhabitable housing conditions without passing unenforceable ordinances, expressing concern about adopting laws that cannot be enforced.
  • Council Member Caballero reflected on recurring tenant protection debates, noting past advocacy efforts and highlighting enforcement challenges due to limited resources and existing legal authority.
  • Council Member Baker supported adopting the proposed tenant protection ordinance as a valuable tool for attorneys, acknowledged concerns about enforceability, and expressed confidence that this would be an exceptional case rather than a precedent for future unenforceable laws.
  • Mayor Pro Tem Middleton affirmed support for tenant protections, emphasized council due diligence, and expressed willingness to adopt measures that help tenants without passing unenforceable laws.
  • Council Member Cook expressed frustration about delays in decision-making, highlighted the long-term efforts of community advocates, and agreed to postpone the tenant protection ordinance for one more work session while urging timely action.
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