Regular Session
Durham County ·
Board of County Commissioners
Monday, August 24, 2026 at 7:00 pm
Agenda document Watch Meeting recap
What's on this agenda
Ninety minutes of the two-hour agenda go to one public hearing: whether Durham County should stop accepting applications for large data centers while it works out how to regulate them. Also on the agenda, a fourteen-item consent list including the county's proposed statewide legislative goals for 2027, easements for a stream restoration that would cut flood risk in a mobile home park, and a new governance structure for the county and city's homelessness continuum of care.
Summarized from the published agenda. Read the agenda itself before acting on it.
Meeting recap
What happened, drawn from the records published after the meeting. Recording
Staff are asking for a nine-month moratorium on hyperscale data centers, running to May 2027 and matched to the City of Durham's existing one so both jurisdictions work on the same schedule.
The case they make is that the county's rules were never written with these buildings in mind. The table of permitted uses in the development ordinance does not define a data centre, a data processing facility or a cryptocurrency mining operation at all, and the county code does not consider what any of them do to existing infrastructure. Some data centres are already in Durham; their continued growth is unregulated. The moratorium buys time to study the question, talk to stakeholders, draft ordinance amendments and look at how other North Carolina and national jurisdictions have handled it.
The exemption is where the reasoning gets specific. An outright freeze would catch companies building or expanding smaller centres around the Research Triangle and Treyburn industrial parks, so staff propose applying the moratorium only above 100,000 square feet. They first considered drawing the line by megawatts, which is the measure that actually matters for electricity and water, and dropped it for a candid reason: the county has no statutory authority to regulate electricity use and no access to the figures, so it could not apply or enforce such a test. Square footage is a proxy the county can actually administer.
Elsewhere on the agenda, the county is submitting statewide legislative goals for the 2027 General Assembly through the state association of county commissioners, which requires each proposal to have a hundred-county impact. The list combines departmental asks with items commissioners raised on 3 August, and the deadline is three days after this meeting.
Two consent items carry real money and real effect. The county would accept permanent drainage and temporary construction easements for the Whispering Pines stream restoration - 2.898 acres from a mobile home park for $76,150, plus land from the City of Durham - to build stream infrastructure meeting the Falls Lake nutrient rules and, in staff's words, dramatically reduce flood risk in that residential neighbourhood. And an interlocal agreement with the city would set up a new governance structure for the homelessness continuum of care the two share.
The ceremonial items recognise a library foundation gift of $248,317.31 for the coming year and proclaim 24 to 26 August as Supportive Housing Week, tied to a national initiative showing local lawmakers how supportive housing works.
Full transcript
Automatic captions from the recording, "Durham BOCC Regular Session August 24, 2026". Runs 2 hr 31 min. These are machine transcriptions, not a court record. They misrender names and figures — "Kildaire" comes through as "kill dare", and case numbers arrive as noise. Each timestamp opens the video at that moment, which is how a passage here gets checked against what was said.
Read the transcript (68 passages)
Good evening everyone. Good evening every Is this on?
It's on.
Good evening everyone. Good evening. Thank you all for being here. Today is August 24th, 2026 and this is the uh meeting of the Durham Board of County Commissioners. This is our regular session. I'm going to read the public charge and then I will have um Commissioner Valentine read the land acknowledgement. After that, we'll then have Commissioner Jacobs uh lead us in the pledge. The board of commissioners ask its members and residents to conduct themselves in a respectful, courteous manner both with the board and fellow residents at fellow residents. At any time should any member of the board or any resident fail to observe this public charge, the chair will ask the offending person to leave the meeting until that individual regains personal control. Should decorum fail to be restored, the chair will recess the meeting until such time that a genuine commitment to the public charge is observed. Commissioner Valentine.
Thank you, Chair. As we convene for the Dorm County Commissioners meeting, it's crucial to recognize the painful truth of history. We stand on the stolen ancestral lands of the Kataba, the Eno, the Okanichi, the Shakori, and the Tuscoronor peoples whose deep connection to this land predates our arrival. We acknowledge with humility the unjust displacement and violence that occurred leading to the dispossession of indigenous peoples from their homelands. Their resilience in the face of such adversity is a testament to their strength and spirit. May we humbly honor the ancestors and elders of these nations, both past and present, by committing ourselves to fostering understanding, healing, and justice for all who inhabit this land. Let us walk
forward together with open hearts, acknowledging the past, and embracing the future, guided by compassion, respect, and unity. United States one nation under God indivisible with liberty and justice for all.
Thank you Commissioner Valentine and Commissioner Jacobs. The next item on our agenda is agenda adjustments or agenda review and approval. Are there any adjustments to the agenda as presented? I'll accept a motion to approve the agenda as presented.
So moved.
Second.
It has been moved and properly seconded that we approve the agenda as presented. Any further discussion? All in favor say I.
I.
All oppose, please use the same sign. It passes unanimously. Next item on our agenda are announcements. Uh, Clerk Wallace.
Good evening, everyone. I will read the announcements published in tonight's agenda. [clears throat] Students have 30 days from the first day of school to get caught up on all required vaccinations. The Durham County Department of Public Health has all required vaccinations available in their immunization clinic by appointment or by walk-in as schedule permits. Children who are underinsured or have no insurance can be vaccinated at no cost. For more information or to schedule an appointment, please call the immunization office at 919-560-7608 or you can visit the website dcohealth.org. Love cooking and giving back to your community? Durham Cooperative Extension is looking for residents to join the
extension master food volunteer program. Interested residents are invited to join an upcoming information session to learn how they can turn their skills and passion into meaningful support for families across Durham. EMFZ's support and amplify cooperative extensions, nutrition, and cooking programs and can lead their own cooking demos in the community. Applications for the new cohort open later this summer, and anyone interested must attend an information session. There is a link to register and receive additional information. Durham County Library and Duke Cancer Institute for Real Talk, Community Conversations about Health. A community centered dialogue about health and wellness for adults at Stanford Warren uh branch library located at 1201 FEL Street from 6:00 till 7:30 p.m. on Wednesday, August 26. This open conversation brings together community members and health professionals to explore topics such as cancer prevention, clinical research, screening opportunities, and other health questions that matter to you. Bring your curiosity, questions, and experience, and connect with others in a welcoming, informal setting. The public comment period for Q1 amendments to the fiscal year 27 Durham Transit Work Program is now open until Thursday, August the 27th. For additional information on the proposed amendments, you can visit the transportation department's website. There is a link and you can also submit a public comment at transportation at dcnc.gov. Most Durm County government offices will be closed on Monday, September 7th, 2026 in observance of the Labor Day holiday. Offices will reopen with normal operating hours on Tuesday, September 8th. For details on how the holiday may affect specific county services, please visit dcnc.gov. And lastly, Durham County Library invites you to view rare 19th century
prints of the Declaration of Independence at the Durham County Main Library from September 8th through 20th, 2026. As part of the We the People, a Duke and Durham initiative, Durham County Main Library and the Nasher Museum of Art at Duke University will present three historic copies of the Declaration of Independence on loan from the David M. Rubenstein America collection. This exhibit offers a rare opportunity to explore how the nation's founding document was visually rendered and circulated in early American history. For more information about the exhibit, you can visit durhamount library.libcow.com. That concludes the announcements published in tonight's agenda.
Thank you, Clerk Wallace. The next item on our agenda are the minutes. Oh, I'm sorry. Are there any other announcements uh from commissioners? Commissioner Jacobs.
Thank you, Chair. Uh, I just wanted to really celebrate the fact that we had the statewide convening of the North Carolina Association of County Commissioners here in Durham. Um, the conference started uh Wednesday and it ended on Saturday night. It's the first time that we've had county commissioners from ACO across North Carolina, from 89 different counties and their staff here in Durham since 2017. And I really want to thank um our staff, especially um our clerk Monica Wallace, our deputy clerk, Macio Carlton, um many other people, Donna Rewald, our director of cooperative extension, Brent Lewis, um our um Deborah Craig Ray, Dawn Dudley. I mean, I'm going to get into trouble by naming people, but uh Crystal Harris. Anyway, we had a a lot of our
staff have been working for months to make this conference possible and we had over 600 people uh downtown in the convention center and it was really a fantastic uh convening and um I personally uh enjoyed a lot of different sessions. one on data centers, uh, upcoming challenges around property tax. I went to one on mental health trauma. Um, and um, I just found that there was a lot of really good conversations happening for, you know, rural, urban, uh, young, old, Democrat, Republican, uh, people building relationships and all focusing on the issues that all of our counties are facing. And I did want to share with our board because I know everyone was not able to be at the um the banquet, but I I'm really excited. I was appointed by the incoming president to help chair his presidential initiative which is going to be around social services and protecting social services because we know that right now in the state and in our country our safety net is under attack. And so I really uh look forward to being a part of that and um also including our board in that as well and Durham County staff. Thank you.
Okay. Any other announcements? Did you Commissioner Valentine? Okay. All right. Thank you. Thank you very much. that um NCAACC conference was a a great conference. I was sick I couldn't be there but
okay. All right. Hearing no other announcements from the commissioners. Next item on our agenda uh are the approval of the minutes for August 10th, 2026. Our regular session minutes.
Some [clears throat] moved.
Second. It's been moved and properly seconded that we approve the minutes dated August 10th, 2026, our regular session. Uh, any further discussion? All in favor say I.
I.
All oppose, please use the same sign. Passes unanimously. Next item on our agenda, we move into ceremonial items. Um, we have two two proclamations. The first one is recognizing the Durham Library Foundation in acknowledgement of their fiscal year 2027 gift of $248,317.31 in support of Dur Durham County Library Programs. Uh microphone learning something new every day. Good evening everyone. My name is Cara Nutaly. I'm the executive director of the Durham Library Foundation. Um, thank you all for the invitation to be here tonight. We are so honored to present this year's grant award of over $248,000 to Durham County Library. This is possible because of our dedicated donors, our passionate board members, and the wonderful library staff who believe in the power of libraries in the Durham community. The foundation exists solely to provide a margin of excellence to Durham County Library. It is already an impactful resource and our job is to raise money to make it worldclass by providing enhancements to programming and events for all ages and stages of
life that otherwise would not be possible. This award is a testament to our community, to our libraries, and to our future. Thank you. [applause] and I'm Dana Connors. I'm the library director. We so much appreciate our partnership with the Durham Library Foundation. This year, this $248,000 is funding 14 different programs, um, including things that everybody in the community knows and loves, including our summer reading program, Library Fest that happens in April every year, um, and a myriad of other programs um, that we hope you all come to the library to enjoy. Thank you.
All right. Thank you. [applause]
All right. So, uh, Commissioner comments, uh, Commissioner.
Oh, yes. Thank you, Chair. And so, Miss Nunley, uh, Director Nunley, where are you? You, you, uh, you escaped the moment. So I just want to say thank you to uh you and uh the board or the foundation. Every year you come into this chamber and uh you do a yammen's job in supporting our libraries. I think most of the people who have gathered here today would agree that the library is uh one of our largest assets. It's an asset that all of the community uh can be involved and so uh the money that you raise goes towards a very important part of our community and maintaining it and adding to the programming that goes on in our library. So I just want to say thank you uh from um from my seat here on the board and I'm sure there are others who will join me in that and so thank you. Um, Commissioner Burton.
Yes. Thank you, Chair Lee, and thank you, um, Miss Donnie, for always supporting the library. You know, I love the library, um, and all the wonderful things that it does for our Durham community. And I just want to share that during the North Carolina Association of County Commissioners um conference that was held last week here in Durham, the Durham County Library, the main branch was one of the sites that we did the tours or we had other county commissioners from across North Carolina to tour our library downtown. And um I know Commissioner Jacobs went to our affordable um housing and she led that and I led the library and those commissioners and other staff with um
NCACC, they were just blown away by our library and I made sure that Dana mentioned about the important work of the library foundation. So thank you so much for all that you do for Durham County Libraries. We appreciate you. Thank you,
Commissioner Al Long.
Thank you, Chair Lee. And right before I give my comments, um I just want to note if you have an empty seat next to you, if you want to raise your hand so that folks who are standing know they can come file in or if you guys scooch over to make room. Um the folks standing if you want to sit down. But I wanted to join in in my thanks and appreciation for all the work that you all do to raise this money because a lot of times folks don't know that Durham County government and local governments, we're not authorized or allowed to fund raise um and solicit funds uh for vital programs, our main source of revenue is property tax and sales tax. And obviously like that also there's a drawback to that because um most marginalized communities get impacted when those have to be raised. So having an entity like the Durham Public Library Foundation that steps in in this space that the county is not able to fill um to do this fundraising to do the hard work of reaching out to other folks who love our libraries who see how vital of a resource it is. probably after Durham public schools. It's the most visited used resource uh within Durham County and probably any local government. So, y'all's work is really vital for us, not only to help keep the programs running, but also supporting our tax rate, not having to go up and up. Um, but thank you so much for this work and for caring about our library so much. I know myself and my children love to visit and attend the story hours and then also we are at East Regional Library is our closest. They have different like crafts and activities uh for young kids. I'm hoping
you guys bring back there was one day it got rescheduled. I'm waiting to see when it's back. There was like uh service dogs for kids um where people bring in service dogs and training to practice around young children. Um and so the fact that our libraries are welcoming to that type of programming is really great too. Thank you. Thank you, commissioners.
Before do you Okay, just so there's 10 seats right up here if if you're anyone's interested in sitting in here. It's like 10 seats in these first two rows. And just in case anybody anyone wants to sit down. All right. So, thank you. Thank you very much. All right. Okay. Let's see where were we here. All right, the next proclamation, the second one, the last one of the uh celebratory items is a proclamation supportive of house uh housing week. Do we have someone that's going to speak on housing week? Oh, there we are.
Microphone. I sat and watched but did not learn. Chair Lee, commissioners, and members of the Durham community, thank you for recognizing August 24th through 28th as supportive housing week here in Durham County. Supportive housing week is a national observance bringing communities across the country together to recognize the impact of supportive housing and the people and partnerships that make it possible. Here in Durham, that work connects directly to our community's longtime goal of making homelessness rare, brief, and non-recurring. Supportive housing is an essential part of achieving that goal because it combines affordable housing with customized individualized services that help people who have experienced homelessness and often other significant
challenges achieve long-term stability. For more than 30 years, Housing for New Hope has had the privilege of doing this work in Durham along alongside an extraordinary network of community partners. And those years have taught us something important. Housing is foundational to ending homelessness, but housing alone is often not enough. That's why we have developed an approach we call supportive pathways. Supportive pathways recognizes six areas that contribute to long-term stability. housing, mental health and emotional wellness, substance use recovery, employment and job readiness, life skills development, and relationship and community building. The emphasis is on pathways because there isn't one path out of homelessness. For one neighbor, the next step may be connecting with mental health care. For another, it may be recovery. For someone else, it may be finding a job, developing the skills needed to maintain a home, or rebuilding relationships, and a sense of belonging. No organization can provide all of those things alone. That's why our part why partnership is the heart of supportive housing. Alliance Health is an essential partner in connecting housing with behavioral health services and supports. The Duke University School of Nursing helps us strengthen connections to health and wellness. Freedom House Recovery Center brings deep expertise in mental health and substance use recovery. And StepUp Durham helps our neighbors pursue employment and greater economic stability. and they represent a much larger network of local government, health care, behavioral health providers, nonprofits, landlords, congregations, philanthropy, volunteers, and community members who make this work possible. The impact extends beyond the individuals we serve. Supportive housing reduces homelessness, improves housing stability and health outcomes, and helps public resources work more effectively. When someone has a stable home and appropriate supports, emergency rooms, shelters, jails, and other crisis systems are less likely to become substitutes for housing. So during this supportive housing week, we celebrate more than buildings or programs. We
celebrate people, partnerships, and the belief that homelessness does not have to define someone's future. On behalf of Housing for New Hope and those we serve, thank you for this proclamation and thank you to the many partners across Durham who make this work possible. Together, we are building a Durham where every neighbor has the opportunity not simply to be housed, but to thrive. Thank you.
Thank you. Thank you.
Here we have comments from the commissioners. Commissioner Tickups. Thank you so much, Russ, for bringing this to us. And thank you, Shante, and all the staff of Housing for New Hope for the incredible work that you do as our nonprofit partner who is providing supportive housing in in Durham. Um Russ, I wonder if you could take this opportunity since we have an incredible crowd here tonight, um to talk about the new vision that you all are working on for housing for New Hope and also to give us all an update on the Carver Creek campus for permanent supportive housing. Several years ago, the city and the county both chipped in to over $6 million to help housing for New Hope buy an apartment building and basically create a 14 acre is that right? Am I right?
11 acre campus uh for the vision is for a permanent supportive housing campus. So, if you could give us any updates on both of those things.
Certainly. Um, so in this season where there are so many changes at the federal level potentially and also at the local level around funding, I think that's been part of our rethinking because we were one of the first agencies to bring housing first to North Carolina nearly 20 years ago. And so that supportive pathways approach of, you know, it's not just about housing, but it's really customized services based on what people
need in order to reach long-term stability is is really critical across the board in our work. Uh, particularly at Carver Creek. This is uh 48 units of uh historically senior affordable housing that was really saved by the action of the commissioners and the council uh three years ago. Um we are preparing in the next two to three months to begin a first phase of rehabilitation on uh through the first floor community spaces and some of the units uh in partnership with the city with CDBG funds. Uh we've also partnered with the county and uh working with Representative Fushi for a second phase potentially of rehabilitation that will create um an integrated supportive um housing community there between the existing 48 units and additional 24 units that were already there. Um and then finally we have commenced with a new master planning process in partnership with Clearcapes um to look at how that um those two campuses integrate um but also to look at what additional housing could be added there. You know, do we we go vertical and build 45 units? Do we build uh tiny home clusters based on what um the neighbors that we serve tend to need most? So it's an exciting time with lots lots happening. Yes.
Awesome. Very exciting. Thank you.
Thank you, Commissioner Alom, Vice Chair Along.
Thank you, Chair Lee. Thank you so much, Russ, and your entire team for being here. I just wanted you to also take an opportunity with this amazing crowd that we have. Can you also share with folks about the point in time count? Um because for folks who don't know point in time is just it's the US HUD or housing department's way of one night a year communities, counties, cities go out and count try to get a count of what our unhoused and unsheltered population is so that we can try to figure out how to provide resources and connect folks. So if you want to tell folks more about how Housing for New Hope runs that and what we do with that data.
Yes. So, um, HUD does have an
expectation that every, uh, year or so, um, we do a communitywide count of those that are experiencing, uh, both unsheltered homelessness, so the folks that you might see, um, on corners, um, and and, um, in other spaces, um, in addition to those that are in the shelters, that gives us, um, a baseline of what's happening in the community. Uh, we always say quickly that the number is always larger, um, but it gives us a sense of the trends. Um and it actually impacts the funding that comes from uh to some extent the state but definitely the federal level um in terms of our ability to address homelessness. Yeah.
And how can people help with that point in time count?
So uh generally it happens on the fourth Wednesday of January every year. Um leadership for that is actually shifting back to the city um after a number of years and so we are um anxiously looking to see eagerly looking anxious has the word fear in it. um eagerly looking to see what plans are for that. And I think one of the exciting developments this coming year is there's conversation about coordinating with Wake County and Orange County potentially on the same night um so that we can get a broader sense of what's happening across the entire triangle and that would be a new development for us here in the triangle.
Wonderful. Thank you. So I urge everyone if you have the time in January, I've done it. I know I think most folks on this dies have done it. You go out. I got to ride with a HART um team member. HART is the co-response um uh response team from the city. and we drove around downtown Durham and we stopped and when we'd see someone who was unhoused or unsheltered, stop, ask them questions, see what resources they needed and were able to document so that then either hard officers can uh follow up with them to see if they've been able to find housing or just providing that data to HUD so we can get funding to provide support. So that is a volunteer mostly driven campaign. So if folks can come out and help with that, the more folks
we have, the better count we can get.
Absolutely.
Okay. Thank you, Vice Chair Lom. Um um Commissioner Burton, did you have anything? Okay, thank you very much. Thank you. Okay, so that Um that's the end of our uh ceremonial items. The next item on our agenda is the consent agenda. These items have come from uh various meetings, mainly our work session. Um but before we approve the consent agenda, we have public comment on two of the items. Okay? So, we're going to have to pull two and that public comment will come at the end of the meeting where we have the um items pulled from consent. The items will be pulled uh um 26421. That's 260421 and then 260441. Each one of those has a public comment um requested on those. So, we will pull those and we'll vote on those separately. Okay. Go ahead.
Um, I'm pulling wondering should we I know we approved the agenda. Could we amend the agenda to move that like the items pulled from consent to before the public hearing since the public hearing will likely be a long period and we don't want to like if staff needs to stay back, we don't have staff waiting
having to sense that, right? Do we have We don't have to vote to move that, do we?
All right. So, let's let's make a vote. Uh let's uh I'll accept a motion to move items removed from the from consent agenda to just after the consent agenda.
Um so staff wouldn't have to
to wait. Moved.
Second.
It's been moved. We have a motion on the floor to move the items moved from consent agenda. It's been properly seconded. Any further discussion? All in favor say I. I.
All oppose, please use the same sign. Okay. So, that item will be moved right after consent agenda. Right after we vote to remain a consent consent agenda. Um, Commissioner Jacobs,
just had a quick question. Um for our library director, I'm really thrilled to see um item 26-0411 about um doing a library master facilities plan. Is Dana still. Okay, great. Awesome. Um really glad to see this. This is an appropriate use of general fund balance since it's onetime funding. Um just wondering um if you could tell us a little bit about your thoughts. You know, you're coming in from other library systems. Um you know, what what what your hopes are for this? And also, um will this also look at like the current library conditions and things that we need to keep up with like maintenance and repair was one of my questions. um what the time frame is for the plan. Um this is for the manager. Do we have money in our CIP for for library uh improvements? And then my other my last question is and I was over at the main library today. Um, originally, um, because I was part of renovating the library, um, when you walk in, the area off to the right was originally envisioned to be like a coffee shop, which is a great enterprise opportunity. Um, you know, for small business, plus
we could raise money for the library. You know, the Austin library, even the Little Rock Library has swag for sale. So, I just wondered if you've thought about that and as well as a part of this or maybe even we don't need to wait for this.
Let me see if I can address all of those questions. So, this facility master plan will allow us to engage a consultant to look at the entire county and determine do we have libraries where we are meeting the needs of the community? Um, and if we don't, where are those areas that we need additional libraries? And if we have um libraries already in those places such as our regional libraries, are they meeting the needs? Do they need to be expanded? Um do we need what what do we need to do to those libraries to make sure that they can meet the needs of the community? As far as looking at main library, we had a different facility master plan for that years ago and that resulted in in the new main library. So we'll pay attention to it some but not as much as we will to to the rest of the county. Um generally um the the money not my department but um it would be entered um as part of a capital improvement plan which I think we're talking about later in the year. So um the facility master plan will take some time to complete and we'll do that in conjunction with the county engineering department. Um as far as the cafe area in in the main library, we can certainly look at that. Um, some of my experience with food and food services in libraries has I've had quite a bit of it and some of it's been positive and some of it's been negative. So, it would require a lot of study for us to be able to determine if that's something that we can um look at. We've also been talking with the friends of the library about a long-term plan of of selling Durham County Library swag through the friends of the library and that way it's not coming through the library budgets. Did I catch all your questions?
Thank you so much. And I look forward to the next steps with the plan and also hearing more about
what to how to really activate that space.
Yes.
Thank you.
You're welcome.
All right. Any other comments from commissioners? Okay. I I'll accept the motion to approve the consent agenda uh minus the two that were moved. Uh that's 260421 and 260441.
So moved. Second.
All right. We have [clears throat] a motion on the floor. Um, it's been promptly moved and seconded. Any further discussion? All in favor say I.
I.
All oppose, please use the same sign. Passes unanimously. The first item pulled from the consent agenda is 260421, which is approval of property tax releases and refunds for June 2026. We have a public comment from uh Pablo Freriedman. All right. Good evening, Chair Lee, Vice Chair alum, members of the county commissioner, the hundreds of folks in the audience, and the millions of people that watch these meetings online. So, I was the one person that pulled this item and I pulled it uh for one important reason. You're these properties are entitled to the refunds, but the public deserves the minutes for why the board granted billions of dollars of property tax uh removals for commercial property owners and those minutes still have not been posted. That the last meeting that you had with the city council, the city council members point blank asked in somewhat pointed terms, when are those minutes coming? When the reporter from
the Indie Week asked those minutes to be produced, they still weren't produced. And so while these properties are entitled to their refunds, I think the public at a minimum, whether you agree with these property valuation um billions of dollars or not, we the public, the taxpayers deserve an answer as to how they were granted. And the only way we will ever know is through the minutes. And the minutes have not been posted. So two asks tonight. One is I'd like the county attorney to issue some guidance to these boards to follow the public records act. That's number one. And number two, I want commissioners on the dis to say something publicly about these minutes. We deserve them. The public deserves to know why commercialers got to write off billions of dollars of the property tax valuations. Thank you. [applause] All right. Uh Pablo, you had two items pulled. Did you want to speak for on the second one which is essentially the same? No. Okay. Thank you. Yes. Um All right. K Doyle. Good afternoon, commissioners. Kar Doyle, tax administrator. Hello to the public. Everyone's here tonight. Um, I do want to address the the records that have been requested have been provided. The Durham County Department of Tax Administration has never posted meeting meeting minutes on our public website. There are some minutes on the website. They are from 2023 and 2024 and they are specific to personal property. So the minutes that were requested and have been requested have been provided to those requests. Anybody who would like those can please send a request through public information.
There's one thing that needs to be said about minutes and about anything requested. It is illegal for Durham County Tax Administration or Durham County to provide confidential information. So the information that is deemed to be confidential within those minutes that you are requesting has to be redacted. That is by law. That is not a choice that we make here. All right. So just in general so that everybody understands if you go to Durham County website and you pull up minutes for anything related to Durham County Tax Department, you will see some minutes and they are from 2023 and 2024. There are no minutes prior to that and there are no minutes after that. So, it's not specific to 2025's reappraisal. There was a 2019, a 2016, and a 2008 reappraisal. There are no minutes for any of them. All right? So, there were minutes specific to 23 and 24, and you can see them. They're still there. Nobody removed them. But minutes specific to a particular year can be requested. we will provide them, but I do want you to know that there's no confidential information within. All right, any more questions from the board or the public?
Okay, Commissioner Burton.
Yes, thank you. U Mr. Doyle, and I understand residents frustration around the re-evaluation and how much money was refunded to um commercial property owners. Can you explain briefly um why that occurred? Um because I know our residents and you know when they saw that number it was very large and we want to be as transparent as possible. So if you can explain briefly why that occurred and state laws and things of that nature. Thank you. It's not a real brief response to that question, but I'll try my best um be respectful to time, but as transparent as possible.
The overall reappraisal for 2025 resulted in 10,500 appeals. 10,533 to be exact. um any any responsibility or error or problems or fingerpointing needs to be pointed directly at the tax administrator, myself, Ki Door, um the board of equalization and review, the tax office, the staff, everybody did a wonderful job. I went out and I asked you all to appeal and you did and you gave us 10,533, more than we'd ever seen. All right. The goal was to make sure that those appeals were done before January 5th. That's the number one error. We did not get the appeals done by January 5th, which means that we were still handing appeals. We were handling appeals and processing appeals after delinquency. Okay? These things impact more than just value in regards to people's property values. It is it affects Durham County's budget. So, the number one thing that happened was our office not handling 10,500 appeals by January 5th. That's the number one thing. All right. The second thing is that there were two property types in the commercial realm that were overassessed. Not assessed and then given a discount. That's very important to understand. They were overassessed to begin with. two particular property types. All right, those things were adjusted and they were adjusted downward and those adjustments impacted our overall value. The overall value was an increase from roughly 53 billion to about 80 billion 85 billion somewhere in that ballpark. 4 billion was adjusted. So in the grand scheme of things, 30
billion increase, a $4 billion decrease came afterwards. The two main property types to answer the question that was asked, two main property types within the commercial properties, those being apartments and office buildings, experienced the largest adjustments. That was not an act of a board of equalization and review. If you appeal the property in this room, you know that you file an appeal. You hear from an appraiser, adjustments can be made and then that value goes before the board of equalization and review for the final authority and approval or denial. But an appraiser cannot sell the value of value for you. You have to go before the board. So the board has the final say. It doesn't mean that they cut value themselves. It means that they have to vote on the value that is is given to them that take that they hear before them at that particular hearing. So that is a misconception or a false narrative that the board of equalization and review by themselves reduced a whole bunch of values. That's not how the process works. Anybody in this room who has appealed to property understands that. Any other questions? Uh, Vice Chair Lom, you had your hand up.
I did, but I was mostly going to ask uh, Mr. Doyle, obviously, I know you stated that we'd have to redact um, anything confidential, which is probably a significant part of the minutes, um, because it's talking about people's property, addresses, everything, um, personal information. Is there any besides like the amount of time that that would uh consume for staff to be able to post the full meeting minutes for the 2025 for board of equalization review? Are there any
legal um restrictions that would block us from publishing those or concerns
publishing them online?
Yeah, on the what is this?
I do not believe so. There is no requirement by the state that they be published on a actual website. They it is a requirement that we we deliver that upon request there. It is public information. So if anybody asks for that information, we have to deliver it. It has to be redacted from confidential information. But it is not a requirement that it be posted to a website. That was the only misconception I believe that was because the question was asked
and it looked like something was being done and it stopped. That was I understand that confusion, but there were never there was never a practice of this particular county posting minutes on the website
and
but it can request. Can we Yes.
Okay. If it's I mean we would have to find out like how many pages it is and how much time it would take. Obviously
Yeah, it's 10,533 records.
Okay.
Yes. seeing how much time it takes and then like maybe it's it's not going to happen overnight. But if that is something that there is capacity for staffing to be able to redact and post, I think would ease uh some concerns of residents.
We will certainly do that at your request.
Okay. Um, anyone else questions for these topics, these um items that pull off a consent? Uh, Commissioner Jacobs.
Uh, I just want to thank you, Kar, [clears throat] for providing the information to the community. We do not control tax laws in North Carolina.
they are um from the state legislature and we have to follow what the rules and the laws are according to state statute. Um and so I um I know that there are a lot of things that are frustrating about um how personal property tax is calculated and measured versus um commercial and apartments. Um there are if you could explain there are like three different methods of um appraising property and so there are more tools for people when it comes to uh commercial and office than residential and um if people are very concerned about this issue then it will it's important to for us to see change at the state level because we don't have that authority at the local level and it's also a process where our board is not directly involved. The board of equalization and review is a quasi um judicial board. Um and so and they are also following the state statutes and people who are not happy with what the board of equalization and review has done, they have the ability to go to the state level um to the North Carolina property tax commission. Is that correct?
Yes. Uh but anyway, if you could maybe explain about the differences in the methods of the appraisal too, I think that I know that was helpful for me personally.
Okay. Um so the three approaches to value are the cost approach, sales comparison approach, and the income approach. The income approach is the benefit the beneficiary that these commercial properties are deemed to have received. Um and it's really just a matter of the type of property type. So
property types dictate which particular use is going to be the use that is going to be the deciding factor or the judge for this particular property. All right. So income properties you would assume would use the income approach. All right. I live in a home. My home is owner occupied. That home would not use the income approach. It's going to be based on the cost approach, sales comparison approach. If I move out of my home and I rent that home, I might be able to use the income approach because I'm I'm in another property. That property is now a rental property is based on I'm I'm using it for income. I have rents. All right. Um the property type dictates the use. So, we as residential property owners who live in our homes, unfortunately, we do not get the benefit of the income approach. That is an appraisal practice. That is not somebody's decision that they're sitting around deciding on their own. That is an appraisal practice. All right. And just to speak to one more thing that the commissioner mentioned, just so that you all know, in September of 2025, we went before the board. Actually, I believe this was Yes. Definitely September 2025 went before the board of county commissioners. This board right here voted to start a second board of equalization and review. The goal was to get more members involved, more people hearing cases to get the cases done before January 5th. We didn't get enough people applying to fill up a second board. Just so that you know, the effort was there. They voted. They allowed us to ask. They allowed these people to post it on the website. We didn't get applicants. So that was the effort in September of
2025, months prior to January 5th to try to get a little more runway and a lot more accomplished in that small period of time. Just wanted to make sure that that was mentioned. But the three approaches to value cost approach, sales comparison approach, and income approach.
Okay.
Commissioner Burton.
Yeah. Thank you, Mr. Doyle, for that. And I think this is important for um our residents to understand that the state [clears throat] controls a lot of things. Um and I think they think we have a lot of more authority than we actually have. And also it's important when we have these committees and commissions and such to apply for them. We want residents to apply for these boards to be involved. And like Mr. Doyle said, we approved for another board of equalization and review, a second one to get through these evaluations and we hardly had anyone to apply. So, um I know that it it feels like I know people are upset and angry about what occurred with the re-evaluation. That's why it's important that we vote for the right people at the state legislature to change laws at the state level. At the county commissioner level, we do not make laws. The legislature makes the laws. So, thank you, Mr. Doyle, for that. And um I yield back to the chair. Okay. Uh, Commissioner Valentine,
uh, Chair, actually have a a question, uh, for you. Um, with respect to, uh, Commissioner Lam talking about transparency and accountability and whether or not the administrator and his office has capability. Uh, I don't want to just leave that hanging out.
Okay. Um, I think that we should probably handle that in in some kind of
way with respect to giving guidance as opposed to it sort of just um languishing out there and us not not addressing what I think probably need needs to be addressed here this evening.
So the the request was to um um give us an estimate amount of time that it would take or to just do it. Um I think obviously I think a timeline yes of publishing the meeting uh minutes more specifically around the reevaluation year. Well we the board of equalization review only meets during reevaluation right or do they meet outside of reevaluations too?
Board of equalization and review just finished meeting for 2026 about two weeks ago. They meet every year.
Okay. Then I think at least if we can start with the records request that the records related to the revaluations getting those published because I think that's the ones that are most questions about
published or made available
published on the website because I think yeah on the website.
Okay
with the redact redactions.
So um Lissa you want to
Yeah. Um, I would say that that would need to be done in coordination with my office to ensure that no confidential information is released and we would need to work together to see what exactly it is that we would be dealing with. So, I know for me it would be a little difficult to give a timeline without knowing exactly what we're working with, the amount of time um that it would take to redact any confidential information, how much confidential information may be included. That would also affect the timeline as well. So, um we can work together and maybe come back with that. So, maybe at our work session if we can receive like an update of this is how long it'll take us. I'm okay with that.
My my main issue is just ensuring that based on the unprecedented nature of the the chain of events uh regarding this tax cycle that we be as transparent as we can. I think that's important.
I just have one quick comment. I agree that we should come back and also share context what other counties are doing and benchmarking sort of what a best practice is considering the volume and the timeliness of the information and then the laws that surround what we're doing. Um we want to be transparent and we want to be responsive. It's also what does that look like in trying to achieve both Okay. So, do we do you feel comfortable with that instruction? The staff.
So, while our work session
coming back,
Mr. Doyle,
do you feel comfortable with that?
I feel comfortable with that.
Okay.
Yeah.
All right. Good. So, uh the staff has instructions. Okay. Thank you, Mr. Doyle. All right. I'll accept a motion to approve the two items 26421 and 26441. uh that was pulled off of the consent agenda.
So moved.
Second.
It's been moved and properly second that we approve the two items removed from the consent agenda. All in favor say I.
I.
All oppose, please use the same sign. Passes unanimously. Okay, that was the completion of the consent agenda and the items removed from the consent agenda. All right, moving on with our agenda. The next item that we have is our public hearings. We just have one today. Um, in case you guys didn't know, we have a public hearing today. Um, all right. So, um, I'll open the public hearing and we will hear from staff first and then we'll have questions if should there be any
from the county commissioners. After that, we'll start with our public comment within the public hearing. Once public public comment has been completed, we'll close the public hearing and then the commissioners will have uh an opportunity to make their statements make statements and then we'll vote on the outcome of whatever the outcome would be within the um for the public hearing. Okay? That's the process. That's the kind of the way the public hearings work. All right. So, I'll open a public hearing and we'll hear from staff.
Thank you, Chair Lee, and good evening, everyone. I'm Maurice Jones, deputy county manager. Tonight, the board of commissioners, as the chair mentioned, will be holding a public hearing to consider a proposed temporary moratorum on the development of data centers in Durham County. We look forward to receiving feedback from the public, answering any questions the board may have on this issue, hearing the discussion amongst the commissioners, and then if ready having the board vote on the moratorum. We'll begin by providing a general definition of a data center. They are physical facilities or buildings that house groups of worked computers, servers, and data storage infrastructure used by companies to organize, process, store, and share large amounts of digital information.
There are different types of data centers largely defined by their uses and size. Here are four of the more common descriptions. Cloud or hypers scale data centers. Those are large facilities used by companies like Google, Meta and Amazon to manage their data needs. AI focus, those are large facilities with a heavy emphasis on
artificial intelligence. Enterprise data centers, those are smaller buildings used for internal use. Many times they are secondary uses for an institution like a hospital or a university. and edge data centers. Those are smaller data centers used to speed up processes for local users. Although data centers have become an important part of our everyday lives, there are, as all of you know, growing concerns about the impact on the environment, electricity use, water usage, and the noise they generate for their neighbors. These issues have led to concerns about the future of data centers around the country and here in Durham, especially because our current unified development ordinance does not address how data centers can be regulated, leaving us potentially vulnerable to the construction of hyperscale facilities. Currently, we do not have specific definitions for data centers, data processing facilities, cryptocurrency mining operations, or any other uh uses associated with data processing. This issue is not exclusive to Durham County. Many local governments in North Carolina are now catching up on this growing use, leading to a significant increase in moratoria across the state. Um an estimated 30 localities have passed um moratorum moratoriums in the last six months and each case like ours a moratorum was passed to provide staff the time that they needed to research this complex issue and to engage the community through the regulatory processes. Our proposed moratorium will prohibit the development of new large data centers in Durham County. It's proposed to be nine months long in order to align with the city of Durham's moratorum which was passed back in June. There is an exception being proposed for the
enterprise or edgesiz data centers. This exemption of data centers was offered in order to help ensure that an application for smaller scale data centers can move forward especially uh in the research triangle park while still protecting the public against the more concerning byproducts of larger scale data centers. The exemption is limited to a maximum of 100,000 square feet during the moratorum. This is roughly the average size of an enterprise data center and well short of the hypers scale projects that we have found through our research. Those hypers scale centers tend to be roughly a minimum of 200,000 square feet and can be as large as millions of square feet. So this evening we'll hear the public uh we'll have the public hearing and the board of commissioners discussion and then a vote if appropriate and then once it is approved the regulatory process will continue. And um I'd like to turn the presentation over to Sarah Young, the director of planning and development uh to discuss what we should expect in the coming months leading up to a discussion next year about um the future of data centers in Durham County. Good evening, commissioners. Sarah Young, director of planning and development. We have already begun working on the research phase of the project to develop regulations that address data center uses. We have been meeting with uh representatives from the environmental affairs board and are involving them in the process. We have been part of a working group with the central pines uh regional council to work on this uh from a regional perspective. So there's a lot of research and best practices coming out of that work group including a model ordinance that they've been working on. Uh we expect to have a draft of regulations prepared uh roughly by December and we our first stop would be
to present that to the joint city county planning committee at their December meeting for discussion and then depending on the direction that we get at that body we would move forward to initiate the adoption process after the first of the year. And I will take any questions that commissioners have.
Okay. So, um, do you have comments, questions? Okay. I'll go with you, Vice Chair Alum, then, uh, Commissioner Valentine, then Commissioner Jacobs.
Thank you, Chair Lee. Thank you, uh, Deputy County Manager Jones, and Planning Director Sarah. I have some questions at the end, but I just wanted to make a few uh comments before I got to my questions because and to preface my comments, I have said this, you know, I think I've talked to everyone um almost that I don't my issues around I have issues around obviously the language of the moratorum, but also the process that we have been going through and I know I've talked to folks about this that at our meeting um on August August 3rd, we had a public works session where we had this discussion about the data center moratorum and during that discussion um we all kind of like stated our stances on the moratorum language and what was drafted then. But at the end of that discussion item, I had asked clarifying next steps so that if we could ask each commissioner to state where they are at on this issue and from that conversation, a majority of us stated at that meeting that we were in one way or another opposed to carveouts. Um, and I went back and I watched the meeting as well to make sure that I didn't misremember. But then when we got the draft on our agenda, the agenda, the item that we're talking about today, it did include the
carveouts. So my issue is beyond just the moratorium language is as a board of commissioners when we conduct public meetings and we're telling staff what our policy stances are and stuff that is us giving direction to staff and that's one of our roles and responsibilities by general statute. And it also in general statute says that when we have public policy decisions at these hearings and deliberations that it's supposed to be public. And so I have a significant concern the fact that a majority of the board stated that we were opposed to carveouts. But then in between that public meeting to our agenda being posted a what a majority of the board said was not reflected in the draft that we're discussing today because that creates a significant like break in trust of the public. if they are watching our meeting and they see well okay majority of folks are leaning this way but then if folks change their mind that's completely fine I have no issue with folks changing their mind I have changed my mind between uh a work session and a final vote or a meeting and a final vote but a greater issue is that that change happened not on this dis um that if there was a public conversation and we're leaving the public with the perception of like okay this is what they can expect as next steps, but then they see something else. I think that is a grave concern for how we govern and how local bodies shouldn't be working.
[applause]
And I wanted to bring up like an example because I also had like a lesson learned um and I've been reflecting a lot about this related to how we've had issues in the past about you know when we haven't
had conversations out in public and how it has come back and not only bit us in the butt but also just was not the proper way that we should have done things of like for example with pride last year that was something that were conversations and I was chair so I own that I could have conducted that practice better and that's something that I've learned but there was decisions made about funding that weren't done in public and that caused a lot of grave concern and confusion to folks and I think it's important for us that should be a reflection for us that we need to bring more of these conversations out into the public and have them deliberated and for folks to hear and be able to state if they do change their minds, if they have one stance or another stance, the public knows what brought them to that. And so I learned that from last year and I that is why I've like consistently said throughout this process that I support this moratorum being a temporary moratorum that our end goal is really the UDO changes. That is what's really going to be the conversation about where we put in how we define hypers scale, what size or cooling systems are allowed and what isn't, but that it should also be a public like a collaborative process with all the stakeholders and the community partners. So say all that to say I was just my concerns with just what is being presented to us today. And I did have questions also in addition to that. I wanted to start out with first county attorney for section four of the draft. It currently contains four exemptions. Are any of those required by state law or are those specifically county within county authority to be deciding? The only exemption that's required by state law would be um section B where it refers to the exemptions in the actual
statute and those are listed. Anything outside of those exemptions are within the board's discretion. And if through this discussion, just I'm asking this like now rather than later, but if after the hearing and after the board discussions, if the commissioners wanted to adopt something different from what is presented, if we made changes, is the notice that was published for this meeting still cover that or would a separate public notice have to be we could still vote on it with the amendments?
Absolutely. Yeah, the notice that was published actually um was broad enough to be able to encompass any possible changes. Um I believe it says something to the effect of uh I pulled it up here actually. Um changes to the proposed action may be made following the public hearing. So we put the public on notice that there could be possible changes.
Thank you. And then additional questions I had is ones for manager Hager or Deputy County Manager Jones. In the memo that's provided attached, it says that at least two projects under 100,000 square feet that are close to submitting um development applications and I wanted to get clarity on that. I know there's oftent times that like things are confidential. We can't we as the board members don't even know what these projects are. But uh can you share when the county learned about these projects and where they are in their application process? And then also follow up for Sarah Young on that last point. If an application has been submitted and is at any stage would either qualify for either of the two exemptions 4 A or 4 D um as drafted as well as are they impacted by a moratorum if their application is already in since it's came the application came in
before the moratorum was put into effect or does the mortorium become retroactive to every application pending applications.
I I'll let um Director Young handle that that question. Um the first question you asked was about the the projects. Um I don't believe they have submitted application. Um I believe the way we phrased it was our preparing to submit an application and that was information that we received from the research triangle park. I believe they sent a letter to the board um explaining that they knew of at least two projects that were interested in in applying during the moratorum. And while you're coming up, Sarah, my next question was also related to the planning department. Since we share a city, county, UDO, and planning department, um it's a joint staff. I'm also concerned about the additional work it creates for our planning staff to have two different moratorum languages and to have to be like managing that with the applications. And that's something also city attorney Rayberg uh stated as a concern back in May uh when the city first discussed it. So I want to see from your staffing perspective what could there be potential roadblocks or issues from having two mortoriiums.
So meaning the fact that one has some exemp exemptions that are different from the other one. Um you know certainly it is an additional thing that staff needs to look at as uh applications come through. Um I will say that it is not uh completely burdensome that we can't do it. There are a lot of things where we have to parse out specifics of an application in order to fit it into one bucket or another for lots of other reasons. So staff is used to um looking critically at the intake of an application to the particulars and making sure that it gets you know routed to where it's supposed to go. And then um to the previous question about the are they is the moratorium retroactive.
So I will um ask the attorney to assist.
My understanding is that if um and actually why don't I defer to you on that.
So there isn't there isn't a a a definite answer. We would have to look at what the application says where they are in the process. Some of them may be covered by the moratorum, but depending upon how far along in the process it is, they may not be. So I hypothetically I can't give you a straight yes or no. It just it depends on what the application is for and where it is in the process.
Got it. Okay. So I think yeah I mean me I also have concerns and we'll hear um I know RTV Foundation has representatives here as well tonight but I have concerns with carving out exemptions for potential projects when like the point of the overall moratorum is to be conducting the research necessary to decide what is and isn't good for Durham um related to data centers and to provide those carveouts now before we even get to that research. is putting the cart before the horse. [applause]
I'm going to go to Commissioner Burton first and then come over on this side. Commissioner Burton.
Thank you, Chair Lee. Yeah, I remember the meeting from August 3rd and at that point in time thinking about why we're doing this moratorum thinking about okay we want to do a UDO to regulate data centers. So in my mind at that time on August 3rd I was like okay why do we just get this done? Why do we need the exemptions? You know, because we're going to write this UDO. At that time, I did not recognize I was giving direction to staff. I just thought we were just talking about it on the dis. But I I I see what is what
you're saying. So at from August 3rd from talking to residents, talking to other stakeholders, doing my research, driving to look at data centers, driving to Person County, things change. Going to NCACC, listening to the experts there. So things change during that twoeek period. So I hear what you're saying, but I did not think I was giving direction to staff. I just thought I was saying this is how I'm thinking at that moment in time. So, thank you so much,
Commissioner Valentine.
Yes. I'd like to speak on two matters. First, uh my esteemed colleague uh vice chair mentioned uh the decision around pride funding on last year. And so, I made my position very clear last year and it remains true today. When there's major policy decisions that need to be made in this community, it has always been my position to bring it out to the DAS, put it before a vote for in front of and before the people so that they are clear about what our positions are. And we as a board had the power, the authority to bring it out here for discussion. And at that time we didn't move on. We could have very well have put that on the agenda. But I want to make it publicly known that it was my position in real time that we come out here and discuss this on the DIA. So I agree with you. We need to bring things that need to be discussed in the light out to the light. We have the power and we have the authority to do it.
[applause]
On the question of my comments on August the 3,
I did not in any way send signals to staff or anyone otherwise with respect to my position on exemptions regarding data centers. I had a concern with 100,000 square feet being the left and right sort of uh benchmark for what could potentially be something that we could agree on during the uh the moratorum period if we decided to go in that direction. But I was in no way, shape or form signaling to staff that I was against exemptions. And so to anyone to con conrue that as such would be absolutely false and inconsistent. And so I stand before you today um really still having some concerns about that 100 square foot exemption because because it is a conversation of yesterday in many regards. the technology is here. It's moving very fast. And so 100,000 uh square feet might be okay today. Six months from now might not be okay. And so I still have some concerns about that, particularly at a time when our resources are being stretched. But in no way I say Commissioner Valentine from his mouth that he was for or against exemptions. And please, if you would like to go back and take a look at that August 3rd uh meeting, I would uh ask that you do so. Thank you.
All right. Did you have any questions for staff? So uh one of the questions that was uh was already answered with regards to clarity on um potential uh interest in data centers and I think your response was that there was no additional ones since the since the last time this has sort of uh come up
there two that the research triangle foundation made us aware of in a letter to the commissioners. We are not aware of anyone else who has either submitted an application or is considering submitting an application during the moratorium period.
All right. So
that doesn't mean that they're not out there.
Okay.
We're just not aware of them.
But there's no there's no actual applications.
Not not that we've seen an actual application.
Yeah. the the only two that I have are the I believe the two that you had been previously referring to.
And lastly, going back to the the 100,000 square feet, could you just tell the the public and uh and give them an idea exactly how that number came to be as sort of a benchmark?
Sure. Well, based on our research, we felt 100,000 square feet would allow for the smaller data centers uh to move forward, the types of data centers that we already have in the research triangle park um without allowing for uh hypers scale uh size data centers. Those data centers are a lot larger than the enterprise centers. Those are the ones that we were clear from our board um and many in the community that we do not want in Durham County. We want to figure out ways to ensure we don't have those in in Durham County. And so that's why we came up with 100,000 square feet. Initially, we were talking about utilizing megawws for that. Um, but one, we we we're not 100% sure we have the statutory authority to do that. Plus, we don't have a way to monitor the mega wattage um and require folks to provide megawattage at this point based on state law.
Okay.
All right. Commissioner Jacob.
Thank you.
I want to first address um the issue that you brought up, Vice Cheryl. I've been sitting on this board for 14 years. And
when an issue comes up and people express their opinion, that is a very important part of what we do is we ask questions, especially during a work session when something comes up at the work session. It's an opportunity to have a conversation, to have a discussion. And that is what happened during our work session. People asked questions, they asked for additional information, they raised the issues that they were unsure about. Um there's a lot of complexity in a conversation like that. But in no time during the meeting did was there clear direction given to staff saying we want you to use the city's version of the moratorum language that did not happen and in in this board as you saw what happened earlier today when commissioner Valentine asked for clarification exactly what are we asking our staff to do it's really important the relationship that we have with our staff and I appreciate you doing that because first of all one commissioner really cannot ask staff to do something. We are a board. We make decisions together. That's the magic and the beauty of this being on a board and of our democracy and local government. And we have to be very clear when we are giving direction to staff. Um it's not up to them to interpret okay what did they just say? What did they just talk about? Um and that didn't happen. And I also think it's very important that we never deprive commissioners of the ability to express their opinions when we're trying to learn about an issue.
And you know that was our work session. We were first trying to learn about something. And honestly, this is when we have the debate because staff has brought back the finalized language. When we were talking about it during our work session, there was a big blank where it said how many square feet on the document. There was a blank and we talked about what staff was proposing. So, I just want to be clear. Um, and now is the opportunity if we want to whatever changes that we might want to make to the proposed language that our staff is bringing to us. We work in partnership with our staff. They do the work. They do the research. They try to help us make the most informed decision possible. We work in partnership with all of you. We work for you. We represent you. and we listen to all the information that's out there. We try to be as well informed as we can. At the end of the day, we have to make a tough decision and that's what it's all about. So, that's my perspective. Um, so I do have a few questions. Um Sarah about the work that you all are doing. Are you I'm really glad to hear you're working with Central Pines regional partners, the environmental affairs bar board. I was wondering also are you also consulting with the school of government because several of us went to a session last week and we have particular laws and restrictions that are very specific to North Carolina. So just wondering are you consulting with them as well?
Yes, that has been part of the research that staff has been doing is um and actually I was just reading a codes cannon blog post about moratoria
refreshing myself on a few things. So they're a wealth of information. They've also uh been working on their own kind of set of best practices that uh regarding data centers that we've been in tune to.
Okay. And also I this idea came from Commissioner Valentine, but what about the Nicholas School of the Environment? Um is that another because they this is something they've been working on as well. Is that another possible resource?
Absolutely. Yes.
Okay, great. Thank you. Um, so, um, Deputy Manager Jones, I just wanted to just ask also a some clarifying questions about the proposed language from staff. Um, so in section four that has the exemptions and some people can call them loopholes, carveouts, you know, whatever. So here we're calling them exemptions. Um so I know B you said that and I hope everyone has been able to look at the proposed language. Um B is related to the state statute that we have to um follow 160D-107 C. C if I'm not mistaken is virtually identical to the exemption that the city of Durham included in their moratorum. Am I correct?
That's correct.
Okay. So, I just want for the community to understand is that the city of Durham's moratorum also has an exemption. It's really important to know that. So we are including in this draft language the exemption that the city of Durham included which is around um basically you know office scale server rooms information technology equipment that's clearly incidental for commercial um institutional governmental use things
like hospitals medical facilities financial institutions offices government institution education institutions as long as such data processing activities are not conducted as a primary service to offsite users. So basically, if you want to look at this as a carve out or a loophole, there's already one in the city ordinance which is saying that all of the things that we all now depend on for our daily functioning in life that they are allowed to happen. If you go up to the top floor of this building, it was funny because the day after our work session, I went up I needed help from it and I look I walk in and there's a big sign that says data center. So like the top floor of this building is a data center. Um so I just think it's really important to know that um you know data centers there are different kinds and um this is what in part C is just including what the city is doing. Um and I think um we can talk more about part A and D which are the ones that are the optional ones that we're considering. um those are really trying to specifically address um some of the needs that we might have outside of what the city has because this the one unique part of Durham that is not in the city is RTP. So, you know, we can come back and circle back to that later in the conversation, but um I I just there are a lot of the functions that happen, the businesses that function in in RTP that are u may not be covered under under part C. Um and so I just Maurice just to clarify
too because in section D under covered uses um it lists like data centers, data processing facilities, crypto mining operations, artificial intellence intelligence, communing computing facilities and any other use associated with data processing facilities. the language that's here. Um can you clarify that what this is limited to?
The focus there is on data centers for the exemption. Um it's not focused on cryptocurrency mining that is still uh prohibited under this moratorum for instance but very specifically focused on data centers and as we've discussed before data centers under 100,000 square feet.
Okay. So just to clarify like under the proposed language cryptocurrency mining, artificial intelligence, computing facilities, these will still not be allowed anywhere in Durham County. Is that correct?
That's correct. During the period of the morator
during the 90 days until we get
Yeah. the nine months.
I'm sorry. Nine months. Okay. All right. That I just wanted to get clarification on that. Okay. Thank you. Okay. I want to limit your kind of back and forth, but I'll let you go and then I'll speak.
Okay. I did just want to respond to a comment. I won't belabor it. But I think it's important for us to all be very very factual and clear like if we're on this dis and we're everyone can have their policy stances. I hear you, Commissioner Jacobs. But with all due respect, if my question at the end of the discussion was, I would like us to clarify next steps and asking every commissioner for where they're at on the issue. I don't see how that could be interpreted as anything other than giving direction to staff if it's asking
for what is our next steps. Um, so I think yes, anyone can have their policy stances and ask questions and I am never going to say no to asking questions, but if the question and I clipped the ended that meeting and I sent it to everyone that it was and Commissioner Burton stated that she had made those comments. Commissioner Valentine, I hear that that wasn't your intention, but in that meeting, you did state as it relates to the carveout related to um square footage. I would be in favor of removing that carveout. And that was what was in that meeting. So, I just wanted to clarify that I'm not trying to put words in anyone's mouths. I went and watched the video again myself and I shared it with everyone um to also make sure that everyone that I wasn't making anything up. But I did have additional questions for staff under section 4A. So it says all three conditions must be met together. The under 100,000 um square feet, the closed loop or equivalent um cooling. So all three of those must be met. Correct. It can't be that they meet just one. Okay. And then in section 4D that exempts expansion of existing an existing facility up to 100,000 square feet with no cooling or generator condition attached while 4A requires both for a new facility of the same size. Is that correct?
Uh that is correct.
Not included that in there. So, and was that difference like intentional because then anyone could expand to during this moratorium period an existing data center over 100,000 square feet
up to 100,000
up to 100,000 square feet but not be regulated by the same the cooling and generator conditions
that that is that yes that is the way we have have written it up to this point. So somebody if they're 45,000 square feet right now they could expand within this moratorum to 99,999
square feet and not be required to have the generator conditions and then cooling conditions
as it's written.
Okay,
at this point
that's concern. And then what baseline um was used to determine whether a cooling system achieves a equivalent or greater reduction in water consumption under section 4A?
I'm sorry. Can you rephrase the question? I'm sorry. like when determining the the closed loop system, what um factors did staff use to determine what type of cooling system receives an exemption and how whether the reduction in water consumption is equivalent or greater or less than
that. I mean that that's similar language that we've seen in other moratorium and that's how we came up with that language. So, but is related to other moratoriums, but it wasn't like, okay, we know for a fact this cooling system may use less water, but it's going to be using more electricity and factoring is that greater electricity usage or sorry, yeah, if it's using less water, but the greater electricity usage makes it still more favorable in uh emissions. So one of the things that we have started to see in our research is one of the emerging best practices is having a closed loop system because of the very large decline in water usage that that creates. I have not seen any research yet on the comparative analysis between uh what that does to energy consumption.
Yeah. And I think um yeah for me like again I've stated again and again like the moratorum is this period for us to do that research and to be able to have what is going to be in the UDO changes [applause]
and is anything in this moratorium language would it prevent a development from being built as several buildings each under 100,000 square feet? Yes, that our intention is is for the for the entirety of the development. So, it doesn't it doesn't allow for individual buildings to be built under the 100,000 square feet because then you could combine it and it would be well over what our intention is. So, we we were actually approached about doing that and we said no, we weren't going to do that. And that would be if the somebody was developing something on like one parcel of land. Would that encompass if they own multiple parcels of land or is that only if it was all on one?
It's the parcel that has been put forth as as part of the application. So if somebody has a parcel of land and like theoretically if they bought the parcel of land next to it, they could submit an application for 50,000 square feet on one parcel of land and 50,000 on another parcel.
If if well is there to kind of respond to that that's something that we've seen?
So we have not seen that. We we typically look at development sites right the entirety of the site. Often those sites may multiple parcels and we still treat it as one development site. So I would say kind of to elaborate it depends um how the development is structured but we we do look at full development sites regardless of the number of parcels and what we would be looking for is the total data center use. So the total square footage devoted to that use regardless of how many buildings or parcels it crosses over. And so these exemptions and like again exemption 4C I don't think anyone on the board on this dice that I've heard is opposed to it is the same one that the city passed. My concerns around 4D and 4A u the carveouts of again like we haven't
researched yes closed loop systems are better than the um other systems that we have but they also still emit you know PAS do we know what are we having any requirements around what type of regulations are going to be on the PAS that's going to be coming into our water how it's uh like what that impact is. It's just we haven't researched it. We haven't regulated it, but we're allowing it. And we're basically saying with these exemptions, we're okay with the drawbacks of these specific um exemptions, even though we don't know what the full ramifications of them are. I think um if if you take what one of the things that we tried to take into consideration is our current uh data centers that we have within uh Durham County um and the any negative impacts that we've seen thus far from those or complaints that we'd received thus far and we have not received any. And um so that's one of the reasons why we felt comfortable with um providing these exemptions um in in response to the concerns that have been raised about the u impact it would have on uh development within RGP
for like folks to have submitted complaints. Sorry to this my last question apologly of how would they know for like the average person like I wouldn't personally know how to go and like test my water to see if there's PAS in it. So using that as a criteria of well we haven't received a concern related to those type of emissions or like I don't I have asthma I don't know though like if I'm standing next to a diesel generator I'm not going to feel the impacts of that maybe immediately I'll feel it when I get home um when I'm wheezing but I don't know if I how is a person supposed to correlate that when that's not what like I think an average person is standing around thinking like oh this is definitely happening because I was next to a data I I was primarily referring to like
noise and that type of thing and we have not had that issue. We've not had complaints raised about these data centers in the past.
All right. Thank you, Vice Chair. All right. So um uh with the city's u moratorum u it does have those uh exceptions but is there anything preventing the size of those exceptions? So like could there be an expansion based on um the cities that goes over 100,000 square feet? So the city's moratorum for what I I'll refer to as standalone data centers. So not associated with like you know hospital or government or some other institution.
Uh there is no square footage. So that means no data center applications in the city for standalone data centers are allowed during during their
moratorium. But expansions is there
expansions would not be allowed.
Okay. All right. Very good. Um, see in the speaking specifically about the 100 100,000 square feet um you mentioned um BCM uh Jones about the typical size of hypers scale data centers. He said 200,000 and 400,000. Well, 200,000 and above
right.
Um where did where did that come from? Where did that definition come from?
There variety of of sources that we did research on and uh found um on average folks were saying that the hypers scales
started around 200,000 square feet and and obviously well beyond that. Okay.
into the millions of square feet.
And and going going back, does that is that the data center use of a particular property or is it the total the total center itself?
Primarily, if I remember correctly from our research, it was those were standalones.
Okay.
Um that were separate, but um but I had to do a little more research on that chair.
Okay. Very good. Uh Okay, thank you. I had the I was really uh my questions really were surrounding the uh I've been looking at the differences between the city and the county's version and um yeah, that's what I needed to know there. Okay. So, do we have any more comments, questions, questions within the public hearing? Okay. All right. So, I I'll save my comments later. This was really a question period. So, okay. So, I will we'll move to the third part of the public hear public hearing which is public comment. We have 10. 60. We have 63 um public comments and um at least right now nine of them are virtual. I think there's there's actually eight that are that have shown up for we're going to do those first. We'll do the virtual first and then we'll start
calling people for the in-person public comments themselves. Uh Commissioner Jacobs, she says you had to
I'll wait till after the public comment for my questions. Thank you. All right, with that our public comment period u since we have what do we say 63 63 we're going to do a minute each. Um that's going to put us a little over an hour for public comment. So we'll do a minute each and the order that we have we have for virtual. Remember we're starting virtual first. Uh, usually we don't show me on camera like that. Um, we have Katie Ross, Pam Andrews, Donald Steinbeck, and then Wanda Allen. Those are the first four that are virtual. Okay. So, we'll start with Katie Ross.
Hello.
Yes, we can hear.
Can you hear me?
We can hear you.
Okay. Thanks. Okay. So, I live up in uh North Durham County and Baha where we are far more vulnerable to the invasion of data centers because of more open space. Uh we also have potential more damage. The city just doesn't have the space. So, I would ask a what is the limit on the number of smaller data centers that could be built out of these carveouts? because my research shows that multiple smaller data centers can have the same destructive impact as one hyper uh scale data center. Secondly, I haven't heard anybody [clears throat] bring up the fact that these data centers almost always require blasting. Uh, I did a little research on Google AI so it can rat itself out and it says it is very likely that controlled rock blasting will be required during the mass grading of a dier center of any
significant size in rural North Durham County due to the shallow hard bedrock common in the Piedmont that can cause all kinds of problems. I'm just going to go to the well wells which so many of us are on wellsid.
Thank you Miss Ross. That was uh that was the time. Uh the next item next is Pam Andrews.
Good evening. Can you hear me?
Yes, ma'am.
Thank you. Good evening. Before more data centers are built, there needs to be responsible planning, transparency, and scientific data collected and analyzed. The cumulative impact cumulative impact of these facilities needs to be understood. Air pollution. Thermal filters show pollution from jet engine turbines generating electricity produ uh producing greenhouse effects and air pollution. Air pollutants don't go up in the air and disappear. They emit volatile organic compounds which is detrimental to our health. Water issues. Durham already has plans for an algae scrubber to remove nitrogen and phosphorus from our lakes requiring millions of gallons of water per day. Data centers also require large quantities of water. This is extremely alarming in this current drought and climate change. Communities need to know basic information. How much water is used per day per day? Where is it coming from? What happens to the waste water leaving the site? Everyone deserves clean water. Waste water discharged from treatment centers could contain heavy metals, paws, and bioides. If treatment centers don't remove these particles, then it goes to our rivers. Clean water is life. Please say no. Say no.
Thank you, Miss Andrews. [applause] We have um Wanda Allen, then Tina Mley uh Pearson, then Ava Pearson.
Yes. This is Wanda Allen. Can you hear me?
Yes. Yes, ma'am. We can.
Okay. Before Durham commits to a data center, I uh strongly urge you to conduct a a very thorough uh study. I
have participated in construction of a data center under a 100,000 square feet and I can speak firsthand experience. Our facility that we built included a 300 solar p uh panel and it was presented as a benefit of the project but it did not come close to meeting the facil's overall strategy energy needs. Also, I'd like to address the uh the concern about water. We have been in severe droughts and I'd like for the study to talk to us about how you plan to handle the water that would be used and what infrastructure would be required. How much will it cost and who will ultimately pay for it? a study, please study a small investment compared to a making a decision that would affect Durham's water, energy, and infrastructure and the taxpayers. Thank you.
Thank you so much. Um, I actually missed Donna Stain, so I apologize. So, I'm gonna go to Donna Stain and then we'll continue on with Tina Mley Pearson. My apologies. Uh, Donna.
Okay. Can you hear me now?
Yes. Yes, we can.
Okay. Um, I support a one-year moratorum on all the data centers for Durham County. Uh, I think 100,000 square feet is too large. uh carve out. They talk about a 5,000 to 20,000 square feet as being a medium size. So, you know, jumping up to uh 100,000 is is just too high. And um with what we need to know, I'm not going to talk about uh other items that folks have. My concern is
that there is um information regarding the impact to animals and insects and this is especially around the EMI and RF um electromagnetic interference and radio frequency uh radiation. Now the honeybees are already showing significant impact to EMI um radiation.
Okay.
And you know
thank you very much Miss Stanbeck.
Thank you so much.
[applause]
So we will go to uh Tina Mley Pearson and then Ava Pearson.
Um good evening. My name is Tina Mley Pearson. I am asking you to pass a moratorum on data centers. And it's not because we're opposed to technology or economic development but because data centers clearly have negative impacts. data centers require enormous amounts of electricity and water and even smallcale data centers have a big impact. Um I'm going to echo the sentiment of people over profits. Thank you very much. And I'll say Ava is my daughter. Um but she's unable to come to the microphone so I just let you know. But thank you.
Okay. Thank you very much. And uh please tell Ava thank you for signing up. Um, I I would suspect that she was youth and I would love to hear from youth. I'd love to do that. Um, we have Jennifer Robinson and then Mary Oh, Mary Molina. Mary Molina. So that's virtual. So, uh, Jennifer Robinson.
Yes. Hi. We have the benefit of learning
from communities that are already dealing with rapid data center development. Just six days ago, Pennsylvania Governor Josh Shapiro signed an executive order establishing significant new requirements for data centers. This is especially noteworthy because Pennsylvania has actively courted this industry, including billions of dollars in planned investment. Yet, in Pennsylvania now has removed data centers from its fasttrack permitting program. They've also prohibited state agencies from entering into nondisclosure agreements with data data center developers. In Virginia, researchers found that many localities with existing approved or proposed data centers had enter into these agreements. In other places, projects have been proposed under unfamiliar LLC's or project names making it difficult for residents to even know who is behind them. I'm asking for you to approve this moratorum for all new, pending, and expanding data centers without exemptions because exemptions require research. They cannot be arbitrary. They need to be evidencebased.
Thank you. [applause] And then Mary Molina, which is the last virtual one we had that was actually verified here.
Uh yes, I'm Mary Molina and I'm urging you to enact a clean data center moratorum without loopholes or carveouts. These loopholes and carveouts are benefit developers and data centers, not citizens and not our limited resources. The current exemptions completely undermine the purpose of a moratorum which is to pause development and craft the right ordinances for Durham. Looking at the draft, the main question is why are we drafting a permanent ordinance right now and calling it a temporary moratorum? We
need a moratorum without loopholes. We need to understand the cumulative impacts of this industry. We need a complete pause on all approvals. Please give the county a clean slate that it needs to protect our community and our root resources. Adopt the same moratorium as the city passed unanimously. Give the county the clean slate to pro clean slate to protect our community. Thank you.
Thank you. [applause]
[applause]
Okay. So, we'll start the inperson uh public comment. I'm going to call u four up at a time. I ask that you go ahead you line up here and then we'll just kind of keep going. When we get close to the end of the four, I'll call four more and we'll keep going there. Okay, we have 53 here. So, we'll start with Stephanie Turner. Um, Eva Page Banuk astric uh asterric Carol um doy sorry
I'm very
Astra. Yeah, that's third then. Um, Leslie St.
Good evening. My name is Stephanie Turner and I'm a proud Durham County resident. As elected officials, I invite you to look around this very room this evening. The people in this room and who have been with us this evening are only a fraction of Durham County citizens who are urging you to preserve our finite water resources, our precious soil, and the delicate electric grid that more than 347,000 citizens rely on in our daily lives. I
also ask you to stand by our responsibility as inhabitants of this earth to protect those finite resources, not just for the people, but for our wildlife neighbors as well. Creatures who struggle to survive as our already rapid development threatens their very existence. Passing a data center moratorum with no excessive ex exceptions is the single best decision you as elected officials can do to make to protect the long-term health, well-being, and livelihood of every being and everyone who calls Durham County home. Thank you very much. [applause] Hi, we have a long history of paying the price for environment destroying decisions that can't easily be undone. The US knew the dangers of lead exposure, yet they put it in gasoline, paint, and water pipes because the lead industries association wanted the profit. The 2021 infrastructure act rightfully appropriated 15 billion in taxpayer money to remediate lead service lines. In 2009, researchers found that controlling lead paint in the 1 million worstase housing units would cost up to 11 billion. But without remediation, we could expect [clears throat] 181 to 269 billion in social costs like increased crime rates and healthcare needs funded by taxpayers. We don't know what asbestous removal has cost us because that price is usually borne by individuals. But the EPA estimated in 1992 that it would cost at least 3.1 billion to get our schools into compliance. Over the span of 20 years, the EPA super fund used over 21 billion in taxpayer money to clean sites polluted mostly by companies. Some of you claim we can't afford to implement the city's moratorium to thoroughly research the true impacts of data centers at every size. But how much will it cost to remediate data centers? [applause] Hello. Hi. Good evening. My name is Ashard Cookdale. I am the vice chair of the Durham City County Environmental Affairs Board. Tonight, I am speaking solely in my personal capacity as a concerned county resident to ask our
county commissioners to vote no on the proposed moratorum tonight and to bring forth a moratorium without carveouts. I'm not here to highlight the numerous environmental harms data centers cause and the reasons a moratorium is necessary. Other speakers are much more technically knowledgeable than myself on this subject and so I want to lift up their expertise. However, as a county resident who is appointed to the environmental affairs board by the board of county commissioners and who currently contributes many volunteer hours toward furthering the board's duties to both advise the city and county on environmental policy and to address community environmental concerns, I want to emphasize the Durham community's call for a straightforward moratorum. And when you hear these calls for a moratorum, we are not saying we want a moratorum but we are saying we want a moratorum period. It is essential that there is an unequivocal pause on approval of data center projects to allow Durham County to collaborate with the city and create a set of guidelines that ensures the protection of our land and our people for all city and county residents. Now,
thank you, [applause]
Les Leslie. One second. One second. Um, the next speakers will be Heidi uh, Grabble, Randy Coley, and Victoria Peterson. Okay.
Hi, I'm Leslie St. Dre. I'm a Durham resident here with Community Land and Power and the Stop Data Centers in Durham Coalition, which is now 31 member orgs strong. We demand a moratorum without loopholes. Chair Lee did express a 100,000 square foot loophole on August 3. That was a directive that was accepted by the staff and it is written into the current draft. Um, we need no loopholes that defeats loopholes defeat the entire purpose. Every data center big and small must be regulated. There's no research stating smaller ones don't still use excessive
dirty energy, water, and toxic chemicals. IBM identifies 100,000 square feet as being capable of consuming 100 megawatts of energy. That's enough to power up to 100,000 homes. Stop catering to the 1%. The people of Durham are the biggest stakeholders. Protect us all from data center harms. [applause] It was uh Heidi um Gravel and then Randy Coley.
Thank you to everyone in this room tonight for coming together to do work for the responsible growth for Durham County. Please vote to approve a complete moratorum on making data center acceptance at least as long as the city of Durham has set, preferably many months longer, just as Wake, Chadam, and Orange County have done recently. Most of the citizens I have asked about this topic have said to me, "What is a data center?" What you see tonight is a good but not full representation of how Durham citizens feel or believe about data centers because they truthfully do not know the pros and cons to consider. Can you make and take the time for the citizens who elected you and trust you to make the informed decisions for them? Mayor Leonardo Williams says the city of Durham is on the top of many of the best cities in the country lists. Let's help him keep that status by representing those who voted for you by voting to take the time for Durham. Please vote for the complete moratorum with no carveouts and in this voting for our environment, property value, citizen health, and our reputation as a county and community.
Thank you. [applause] Okay. So, uh Randy Coley,
then we have Victoria Peterson, uh Christian Sykes, then Robin Lacy. Is Miss Peterson here? Oh, she had to leave you. Okay. Um, what was it? Randy Coley. Okay. Uh, Christian Sykes. Then Robin Lacy. Good evening, commissioners. My name is Christian. I'm a longtime Durham resident and a member of Triangle DSA. Let's be clear, the recent massive demand for data centers is driven entirely by the AI and indust industry. The basic functionality of the internet does not require anything like the craze for compute we are seeing. And what is this industry after? Sam Alman has said, "My job is to help people destroy jobs." And I think AI will probably like most likely sort of lead to the end of the world. But in the meantime, there will be Greek companies created. It is an antihuman project to its core with shocking disregard for the immediate harms. A project that deifies hyperscaled regression models and callously [clears throat] diminishes the wonder and potential of collective humanity. Making the absurd claim that maybe our own minds are merely next token predictors, too. Ask the board tonight to stand with the citizens of Durham County who want our home and our future to serve us, not tech oligarchs. Pass the strongest data center moratorum possible.
Thank you. [cheering] We have Robin Lacy and then um Chenise
Renee.
Yes, ma'am.
Uh good evening. Um thank you board for hearing me. My name is Robin Lacy. I live here in Durm. Um and I just want to share that I live in the Parkwood area. I'm very concerned about the data centers. I oppose it 1 million% and everything about it. Um I actually live probably between 1.5 and two miles from our RTP area and so I've just heard gotten word through I don't know where but that they were trying to put it there. Um, and I just want to say I ask you to vote no considering all of the environmental problems that it causes, the uh excessive water usage, uh the excessive um electricity usage and then the property value is going to uh go down. It's it it is not something uh to to take lightly. So please vote no. [applause]
Okay. And yeah.
Hi. Hi. Thank thank you for for the extension. Um hi. Hi. My name my name is Chenise Renee. [clears throat] I'm I'm here here tonight as part part of the community land and power um co coalition to request a tw 12-month um data center moratorum um like like we have in the in the city delete the loopholes make make it m mandatory to get comm community input on on this and we really need it for for longer but once again we we are here asking for for the bare bare minimum from from a a council that claims to pri prioritize ize the health
and well-being of this community. But when we speak speak up and sh and share uh uh the harms that these data centers deepen for for for community, we we basically have have county commissioners basically talk you know about if if it ain't about the my money uh um and and we we can't we can't we can't do do that. Uh you say you say that that you you work work for for for community but we don't we don't fulfill the full full embodiment of of that of that at at all. It it seems like you you all you all it's all all all about you you and forget forget forget about about comm community because you rock rocking with a AI but don't don't care if the effects make make nature and and the community die in so so many ways on so so many levels. So I really really hope hope that that you all move with care for real for real and vote and and vote and vote for at least a 12-month um data in a more more moratorum because because ju just like y'all y'all y'all y'all [clears throat] guys get to vote and do do your thing. Um we we we as indiv individuals we we al also h have v voting p power and and we're going to use it real real soon. Sha shout out to 20 tw 20 2028. Uh because because the real real real power is with with who? The the people the the people the the people say thank say. Thank thank you.
Thank you.
Okay. The next four, Camille Leonard, Ashley Daniels, Tia Hunt, and uh WY um Coin Blunt. Okay.
Okay. So, Camille Leonard My name is Camille Leonard and I am a citizen of Durham. And I just want to point out there's data centers and there's AI data centers. They're not the same. If there's a data center at the top of this building, it's not what we're talking about. We're talking about AI. Stephen Hawkings warned us, warned us about this. AI is not a good thing for our community or for the future of our children. This will take away their future. They will not be educated because they'll have AI doing everything for them. I'm like, I look at all these young people. This is their future that you are jeopardizing if you vote against or you vote for this. It's just there's their future. I'm really really concerned about that. And I'm sorry I got a little emotional, but I really think there's a difference between the AI and data centers. And people want to insult our intelligence and say a data center is just a data center. No, it's not. It's an AI data center. It's huge. It is unnecessary. My name is Ashley Daniels speaking uh a message from JT Tom JT Davis in Lon County, Virginia. For the past couple decades, data center developers were able to apply for new construction through a zoning loophole that allow data centers to be treated as standard office buildings. This unprecedented growth has strained the electrical grid to a crippling degree. Since just 2018, the amount of electrical electrical use in Lowden County data centers has quadrup quadrupled. And the data centers here use about 25% of Dominion Electrics energy in the state of Virginia. If there's a power
surge at one data center in Ashurn, the effects can be felt across several states. When considering new data center construction, it's not just the physical building to be considered. It's also the electrical grid, the new substations, and the transmission lines that will eventually be required to accommodate it. Pass a complete moratorum with no loopholes. Honor your constituents.
Thank you. [applause]
Hi, my name is Tia Hunt and I'm a citizen of the Lumbi tribe of North Carolina. Um, I'm really frustrated that we started tonight with a land acknowledgement proclaiming that we want to move forward with justice for all who inhabit this land and then we're having this conversation that we're having tonight, a moratorium that's giving loopholes for we already know two data centers want to come in to the county. Um, but there's no clear understanding of how these will affect our people. We heard tonight that we don't have the regulations to regulate these data centers. We don't even have the definitions within the county ordinances. So this is just fully selling out the people of Durham, allowing these data centers to come in and not knowing exactly what the impact will be. A mortorium will give the county more time to think about this and research. Um and so I don't see what the issue is waiting. Um we know that the technology is rapidly adapting and we have no control over that. But we can wait, listen, do research and figure out a way forward. So no mortorium without um or a moratorium without or a mortorium with exemptions um is not a mortorium and we don't need that. So thank you.
Thank you. We have um WY corn blush blood wy okay. Um is it V from the I think it's ve from local 100
North Carolina public service workers. Yeah, I'm sorry. Yeah, very has V here. You can you you're speaking next then Dr. Raina Misari Maseri I'm sorry say that. Okay. Then we have Alan Frier and Sandra Smith Nanini. I hope I said that right.
Yes. First of all, um, good evening to everyone, the commissioners, the county manager, the attorney, Durham residents, and the other organizations that are represented here. My name is Darion Smith. I'm a member and speak on behalf of UE Local 150, the North Carolina Public Service Workers Union. In June, the Stop Data Centers and Durham Coalition won a vital year-long citywide moratorium on data centers. Now, Durham County must do the exact same thing and do it right. We need a county moratorum that is just as strong or stronger than the cities with zero loopholes or size exemptions. Big tech wants us to believe that only massive facilities matter, but every data center drains our water, drives up our electricity bills, and pollutes our air. Worse yet, the unchecked rise of AI data centers threatens working people. AI is used to squeeze labor, cut jobs, and automate our livelihoods into oblivion while patting the pockets of tech billionaires.
Oh, snap. That was that was a quick minute, wasn't it?
This
I just got just a couple just a couple
seconds here.
Julie, Local 150 calls on Durham County Commissioners to pass a strict data center moratorium matching the city's 12-month pause. All data centers bring heavy environmental and economic burdens. We must pause all development without loopholes to protect our community and secure real safeguards for workers against AI exploitation. We deserve full protection while permanent rules are written. Do not leave our county vulnerable to unregulated greed. Pass a robust data center moratorium now. Thank you. Thank you. [applause] Good evening. My name is Daniel Mosri, co-director of the North Carolina Environmental Justice Network. I ask you to pass a clear, rational moratorum to protect our communities, therefore without exceptions. A simple Google search will reveal that 100,000 square feet of a data center can use 20 to 100 megawws. 20 to 100 megawws. A simple Google search also reveals that a hypers scale data center uses 20 to 100 megawws. A simple Google search also reveals that the average data center in the United States as of August of this year is 100,000 square feet. Yes, there are larger ones, but this is the average size. So, simple research reveals that closed loop systems increase energy usage and may increase PAS contamination. With these exemptions, this is not a moratorum, but a path of continued data center development. I ask you to reject it as it stands. I also say that as the North Carolina Environmental Justice Network, we are here to support research since the simple Google research seemed not to be available to your staff.
[cheering] [applause]
Good evening, Chairman Lee, Vice Chairman Alam, distinguished mission, uh members of the commission. Um, thank you for listening to us tonight. Uh, my name is Alan Frier. I'm on the board of the Durham People's Alliance. The Durham People's Alliance urges you strongly to adopt the city ordinance. I'm also here as executive director of Good Jobs First. We're a national uh research and policy organization that advises communities all across the country on economic development and data center fights just like this one. Um, we have analyzed the legislation. I appreciate staff's effort in putting it together. We do have significant concerns about uh sections 4 A and 4D, the exemptions there. In particular, uh we're concerned that it's not quite going to do what you want it to do. I appreciate the effort to try to uh ban hyperscale data centers, but when you add together just the two projects currently in the PO pipeline that are apparently 100,000 square feet a piece, that already gets you to 200,000, which staff tells us is the minimum.
Speaking at this meeting
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Jump to an item (16 on this agenda)
- 4Minutes
- 26-0416Recognizing the Durham Library Foundation for its FY2027 Gift of $248…
- 26-0417Proclamation - Supportive Housing Week
- 26-0388Contract with Laerdal Medical Corporation for SimMan Essential Dark S…
- 26-0411Budget Ordinance Amendment No. 27BCC011 - Library Master Facilities P…
- 26-0421Property Tax Releases and Refunds for June 2026
- 26-0427Easement Conveyance for Whispering Pines Stream Restoration Project
- 26-0431Durham County NCACC Goals for 2027 Legislative Session
- 26-0433Budget Ordinance Amendment No. 27BCC014 - Public Health Workforce Dev…
- 26-0434Budget Ordinance Amendment No. 27BCC015 - Maternal and Child Health G…
- 26-0435Budget Ordinance Amendment No. 27BCC016 - Tobacco Prevention Grant
- 26-0436Letter to NC DHHS on Public Health Chargemaster Rate Change
- 26-0441Property Tax Releases and Refunds for July 2026
- 26-0444Continuum of Care ILA Renewal
- 26-0437Public Hearing - Proposed Moratorium on New or Expanded Data Centers
- 26-0445Board and Commission Appointments
Agenda items (16)
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4 MinutesProceduralApproval of the August 10, 2026 Regular Session meeting minutes.
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26-0416 Recognizing the Durham Library Foundation for its FY2027 Gift of $248,317.31ProceduralRecognition of a $248,317.31 gift from the Durham Library Foundation supporting county library programs through June 2027.
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26-0417 Proclamation - Supportive Housing WeekStaff or committee report Health and human servicesHomelessness and shelterHousing and affordabilityTransitProclaims August 24-26, 2026 as Supportive Housing Week, requested by Housing for New Hope, a Durham nonprofit working to prevent and end homelessness.
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26-0388 Contract with Laerdal Medical Corporation for SimMan Essential Dark SimulatorContract not to exceed $92,130.13 with Laerdal Medical Corporation for OES-EMS Division to purchase a SimMan Essential Dark training simulator, accessories, installation, and a five-year warranty.
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26-0411 Budget Ordinance Amendment No. 27BCC011 - Library Master Facilities PlanPresentation Arts and public artBudget and appropriationsGrants and outside fundingPublic facilitiesAppropriates $150,000 in General Fund fund balance for a Library Master Facilities Plan.
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26-0421 Property Tax Releases and Refunds for June 2026Proclamation or recognition Homelessness and shelterHousing and affordabilityTax rate and revaluationRoutine approval of property tax releases and refunds for June 2026, covering valuation adjustments, listing discrepancies, and clerical errors.
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26-0431 Durham County NCACC Goals for 2027 Legislative SessionPublic hearing Data centers and large loadsEnvironment and sustainabilityLand conversion and large developmentState legislative agendaWater and sewerZoning text amendmentApproval of statewide legislative priorities the county will submit to the NC Association of County Commissioners for the 2027 General Assembly session.
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26-0433 Budget Ordinance Amendment No. 27BCC014 - Public Health Workforce Development GrantAppointment Appointments and personnelBudget and appropriationsGrants and outside fundingHealth and human servicesRecognizes $233,176 from NC DHHS for local public health workforce development.
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26-0435 Budget Ordinance Amendment No. 27BCC016 - Tobacco Prevention GrantRecognizes $56,250 from the state Chronic Disease and Injury, Tobacco Prevention and Control Branch for tobacco/nicotine prevention training in Region 5.
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26-0444 Continuum of Care ILA RenewalResolution Contracts and procurementHealth and human servicesHomelessness and shelterIntergovernmental agreementsRenews an interlocal agreement between Durham County and the City of Durham restructuring governance of the NC 502 Continuum of Care, reconstituting HSAC as a thirteen-member governing board for HEARTH Act oversight.
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Public hearing on a staff-recommended nine-month moratorium, running through May 2027, on accepting applications for new or expanded data centers, data processing facilities, and cryptocurrency mining operations over 100,000 square feet, to give the county time to write regulations addressing their infrastructure and environmental impact.
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26-0445 Board and Commission AppointmentsAppointments to the Durham-Wake Counties Research and Production Service District Advisory Committee and the Opioid Settlement Advisory Committee.
Agenda changes
What moved between published versions of this agenda. Item numbers shift constantly as things are inserted, so only genuine additions and removals are listed.
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33 days ago
- Moved to Monday, August 24 at 7:00 PM.
- Retitled to "Regular Session".
- Added: 4 Minutes
- Added: 26-0416 Recognizing the Durham Library Foundation for its FY2027 Gift of $248,317.31
- Added: 26-0417 Proclamation - Supportive Housing Week
- Added: 26-0388 Contract with Laerdal Medical Corporation for SimMan Essential Dark Simulator
- Added: 26-0411 Budget Ordinance Amendment No. 27BCC011 - Library Master Facilities Plan
- Added: 26-0421 Property Tax Releases and Refunds for June 2026
- Added: 26-0427 Easement Conveyance for Whispering Pines Stream Restoration Project
- Added: 26-0431 Durham County NCACC Goals for 2027 Legislative Session
- Added: 26-0433 Budget Ordinance Amendment No. 27BCC014 - Public Health Workforce Development Grant
- Added: 26-0434 Budget Ordinance Amendment No. 27BCC015 - Maternal and Child Health Grant
- Added: 26-0435 Budget Ordinance Amendment No. 27BCC016 - Tobacco Prevention Grant
- Added: 26-0436 Letter to NC DHHS on Public Health Chargemaster Rate Change
- Added: 26-0441 Property Tax Releases and Refunds for July 2026
- Added: 26-0444 Continuum of Care ILA Renewal
- Added: 26-0437 Public Hearing - Proposed Moratorium on New or Expanded Data Centers
- Added: 26-0445 Board and Commission Appointments
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