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[MUSIC]h■■((■(■■■G■G■G■G■G ■ ■■
>> WE'LL OPEN OUR DECEMBER THE
10th FAYETTEVILLE CITY COUNCIL
MEETING CALL TO ORDER.
APPRECIATE EVERYONE BEING HERE.
IF YOU'LL STAND FOR AN
INVOCATION LED TONIGHT BY MAYOR
PROTEM ARP, AND REMAIN STANDING
FOR OUR PLEDGE OF ALLEGIANCE.
>> LET US PRAY.
HEAVENLY FATHER, WE COME
TOGETHER AGAIN TONIGHT TO DO THE
BUSINESS OF THE CITY, AND WE'RE
SOY THANKFUL THAT WE'RE HERE
ABLE TO DO THIS, AND WE JUST ASK
THAT THROUGH YOUR SPIRIT THAT
YOU WOULD GUIDE OUR
DELIBERATIONS, THAT YOU LORD
WOULD GIVE US WISDOM AND
UNDERSTANDING AND KNOWLEDGE, AND
THAT THROUGH ALL THINGS THAT WE
WOULD DO WHAT'S IN THE BEST
INTEREST OF THE CITY AND THE
CITY IN TOTALITY AND SO LORD
TONIGHT WE GIVE YOU THE GLORY
AND THE THANKS AND THE HONOR AND
WE ALSO THANK YOU FOR ALL THE
YOUNG MEN AND WOMEN WHO SERVE
OUR COUNTRY IN THIS COMMUNITY
FOR THEIR SACRIFICE, FOR THE
SACK SACRIFICE OF OUR FAMILIES
AND WE ASK NAT YOU WOULD WATCH
OVER THERE AND KEEP AMERICA SAFE
AND SECURE.
WE ASK THESE THINGS OF CHRIST,
AMEN.
[PLEDGE OF ALLEGIANCE]
>> COUNCIL WILL BEGIN TONIGHT
WITH ITEM 4, WHICH WILL BE
APPROVAL OF TONIGHT'S AGENDA.
>> MOTION TO APPROVE.
>> THANK YOU, MR. MASSEY.
IS THERE A SECOND?
THANK YOU, MR. FOWLER.
ANY DISCUSSION ON THE MOTION?
MAY I ASK FOR YOUR VOTE, PLEASE,
ON THE MOTION TO APPROVE THE
AGENDA.
THAT'S UNANIMOUS.
THANK YOU.
WE'LL MOVE NOW TO THE PUBLIC
FORUM.
LET ME HAVE THE RULES OF THE
PUBLIC FORUM.
AS YOU KNOW, IT'S DESIGNED TO
INVITE CITIZEN INPUT AND
DISCUSSION.
THE FORUM SHALL LAST NO LONGER
THAN 15 MINUTES, AND EACH
SPEAKER SHALL HAVE UP TO 2
MINUTES TO ADDRESS COUNCIL ON
ISSUES RELATED TO THE SIT CITY
OF FAYETTEVILLE.
IF YOU ARE INTERESTED IN
SPEAKING ON ANY OF THE ITEMS
DESIGNATED AS A PUBLIC HEARING,
AND WE DO HAVE THREE OF THOSE
TONIGHT, WE ASK YOU RESERVE YOUR
COMMENTS UNTIL THAT PARTICULAR
PUBLIC HEARING.
WHEN YOU SEE THE LIGHT CHANGE
FROM GREEN TO YELLOW, THERE ARE
APPROXIMATELY 30 SECONDS, AND
WHEN IF CHANGES YELLOW TO RED
THE FULL 2 MINUTES HAVE EXPIRED
WHEN YOUR NAME IS CALLED WE ASK
YOU COME TO THE PODIUM AND STATE
YOUR NAME AND ADDRESS FOR THE
RECORD.
MADAM CLERK, WE WILL BEGIN THE
PUBLICM.
>> SIR WE HAVE THREE PUBLIC
SPEAKERS SIGNED UP FOR THIS
EVENING.
THE FIRST ONE IS MS. MARIA CAR
DANAS.
OUR SECOND SPEAKER IS EMIR
MUHAMMAD SMITH.
>> LET'S GO TO THE THIRD ONE.
HERE HE COMES.
>> OUR THIRD SPEAKER IS BISHOP
WRIGHT.
>> HOLD ON, ONE SECOND, MA'AM.
>> GREETINGS, EVERYONE.
UNDER THE NAME OF GOD, THE
BENEVOLENT I AM EMIR FORMERLY
KNOWN AS IMAM -- A VIETNAM VET
FORMERLY BORN HERE IN
FAYETTEVILLE CUMBERLAND COUNTY
SO THAT WE CAN STEP UP TO THE
PLATE AND BE RECOGNIZED
THROUGHOUT AMERICA AS THE CITY
ON A HILL.
WE INVITE YOU TO ATTEND WHAT'S
HAPPENING IN RALEIGH, NORTH
CAROLINA, RIGHT NOW AND
THROUGHOUT THE TRIANGLE WITH
GOVERNOR JIM HUNT, EMERGING
ISSUES THROUGHOUT AMERICA WITH
WORLD LEADERS AS WELL AS
NATIONAL LEADERS IN RALEIGH.
AND WE NEED TO BE THERE TO
INVITE YOU TO BE THERE.
WE ALSO WANT TO MAKE IT KNOWN
THAT HERE IN THE STATE OF
FAYETTEVILLE, ESPECIALLY THE
BROADAL AREA WHERE MOST OF THE
TREMENDOUS BIKE HISTORY IS,
PEOPLE LIKE DR. VIKES, THE HOMES
ARE STILL THERE, THE LEAVES AND
THE STREETS NEED TO BE SWEPT
THROUGHOUT THE ENTIRE CITY.
THIS IS WHERE FORMER
FAYETTEVILLE STATE UNIVERSITY
PRESIDENT HAS PROPERTY.
IT IS NOT FAIR THAT LEAVES NEED
TO BE PICKED UP ON HAYMONT HILL
AND MORGANTON ROAD THIS WEEK AND
THE NEXT WEEK AND THE FOLLOWING
WEEK, AND SOMEONE WANTS TO TELL
US THAT IN BROADELL THAT LEAVES
WILL NOT BE PICKED UP IN
FEBRUARY.
THAT WILL NOT WORK, BROTHERS AND
SISTERS.
CLEARLY YOU WANT THE WORLD TO
KNOW AS WELL AS BRAC WHICH IS
BEING SENT UP AT FT. BRAGG THAT
FAYETTEVILLE DEFINITELY TAKES
CARE OF ALL.
THE EMERGENT ISSUES FOR -- MY
SUGGESTION WOULD BE -- MAKE SURE
THAT INTEGRATION AND DIVERSITY
IN EVERY DEPARTMENT.
THERE IS NOT ENOUGH OF THAT.
IF WE DON'T DO THAT, THE STATE
AND THE LEGISLATIVE BLACK CAUCUS
WILL CUT THE BUDGET AND WE DON'T
NEED THAT.
THANK YOU SO MUCH.
>> THANK YOU, SIR.
>> SIR, OUR FINAL SPEAKER IS
BISHOP WRIGHT.
GOOD AFTERNOON, EVERYONE.
I'M BISHOP WRIGHT, THE PRESIDENT
OF THE MINISTER OF COUNCIL OF
CUMBERLAND COUNTY AND PASTOR
OF -- OUTREACH MINISTRY.
I WANT TO THANK EVERYONE, AND
IT'S AN HONOR TO BE HERE TODAY.
I JUST WANT TO BRIEFLY BRING
SOMETHING TO YOUR ATTENTION
CONCERNING THE EVENTS THAT ARE
GOING TO TAKE PLACE IN JANUARY.
FIRST OF ALL, THE
MARTIN LUTHER KING PRAYER
BREAKFAST IS OUR 53rd
MARTIN LUTHER KING PRAYER
BREAKFAST AND THE 20th DAY --
I'M SORRY, THE 20th
CELEBRATION OF THAT PRAYER
BREAKFAST.
THE DAY OF SERVICE HAS BEEN
ATTACHED TO THAT, AND IT'S OUR
4th NATIONAL DAY OF SERVICE
HERE IN CUMBERLAND COUNTY.
I WANT TO TALK ABOUT THE DAY OF
SERVICE BECAUSE OF WHAT THE DAY
OF SERVICE REPRESENTS.
CORETTA SCOTT KING SAID WHEN HER
HUSBAND'S HOLIDAY WAS AWARDED,
THAT SHE WANTED HER HUSBAND'S
HOLIDAY TO BE A DAY ON AND NOT A
DAY OFF.
WHAT WE DID FOUR YEARS AGO WAS
TO CONNECT WITH THE GREATER
PHILADELPHIA AREA WHERE THE
ORIGINAL NATIONAL DAY OF SERVICE
STARTED, AND WE ARE REGISTERED
WITH THAT ORGANIZATION, AND WE
ARE OFFICIAL DAY OF CUMBERLAND
COUNTY DAY OF SERVICE IN THIS
AREA, THE MARTIN -- MINISTERIAL
COUNCIL IS THAT ORGANIZATION
THAT REPRESENTS THAT DAY OF
SERVICE.
ON THE DAY OF SERVICE, WE HAVE
ORGANIZATIONS ALL THROUGHOUT
CUMBERLAND COUNTY TO COME
TOGETHER TO DO PROGRAMS, TO DO
PROJECTS, CHURCHES,
ORGANIZATIONS SUCH AS COLLEGES,
ALL TYPES OF PROJECTS DURING
THAT DAY, AND WHAT THAT
REPRESENTS IS OUR COMMUNITY
COMING TOGETHER AS ONE.
ON THE 29TH OF NOVEMBER, WE DID
A KICKOFF SERVICE AT THE
MARTIN LUTHER KING PARK, AND
DURING THAT CEREMONY, WE TIED
RIBBONS TOGETHER, AND THESE
RIBBONS REPRESENTED THE UNITY IN
OUR COMMUNITY.
ALL DIFFERENT COLORED RIBBONS.
WE HAD MANY HIGH SCHOOL STUDENTS
OR SCHOOL STUDENTS THERE, AND
WHAT I WANT TO DO IS I JUST GIVE
A RIBBON TO EACH COUNCILMEMBER,
TIE IT TOGETHER WHEN YOU GUYS
HAVE TIME, GIVE IT BACK TO ME,
AND THIS IS REPRESENTING THE
UNITY IN OUR COMMUNITY.
THANK YOU.
>> THANK YOU, BISHOP WRIGHT.
>> SIR, WE HAVE NO FURTHER
SPEAKERS.
>> OKAY, MA'AM, THANK YOU SO
MUCH.
WE'LL CLOSE THE PUBLIC FORUM,
COUNCIL, AND MOVE NOW TO ITIC 6,
WHICH IS THE CONSENT AGENDA.
>> MOVE TO APPROVE.
>> THANK YOU, MR. HURST.
IS THERE A SECOND?
THANK YOU, MR. FOWLER.
ANY DISCUSSION ON THE MOTION TO
APPROVE THE CONSENT AGENDA?
HEARING NONE, LET ME ASK FOR
YOUR VOTE ON THAT, PLEASE.
THAT'S UNANIMOUS.
THANK YOU.
WE'LL MOVE NOW TO OUR PUBLIC
HEARINGS, AND LET ME GIVE THE
DIRECTIONS FOR THOSE, PLEASE.
FIRST OF ALL, EACH SIDE WILL
HAVE A TOTAL OF 15 MINUTES TO
PRESENT YOUR POSITION ON WHETHER
YOU ARE FOR OR AGAINST.
INDIVIDUAL SPEAKERS WILL HAVE
ONE TIME TO SPEAK AND WILL BE
LIMITED TO THREE MINUTES EACH
UNLESS BY PREVIOUS ARRANGEMENT,
A SINGLE SPOKESMAN IS
DESIGNATED, IN WHICH CASE A
SPOKESMAN MAY USE THE ENTIRE 15
MINUTES.
WHEN YOU HEAR THE BEEP AND SEE
THE LIGHT LOCATED ON THE PODIUM
CHANGE FROM GREEN TO YELLOW,
THAT MEANS THERE'S APPROXIMATELY
30 SECONDS LEFT OF THE THREE
MINUTES, AND WHEN YOU HEAR THE
BEEP AND SEE THE TIMER LOCATED
ON THE PODIUM BLINK AND CHANGE
FROM YELLOW TO RED, THAT MEANS
THE FULL THREE MINUTES HAS
EXPIRED.
WE ASK THAT WHEN YOUR NAME IS
CALLED, YOU COME TO THE PODIUM
AND STATE YOUR NAME AND ADDRESS
CLEARLY FOR THE RECORD.
AND WE'LL BEGIN WITH ITEM 7.1,
MR. HARMON?
>> EVENING, MR. MAYOR, COUNCIL.
FIRST ITEM WE HAVE BEFORE YOU
TONIGHT IS CASE P12-50F.
THIS IS A REQUEST ACTION.
REZONING FROM SF-6 TO A LIMITED
COMMERCIAL CONDITIONAL ZONING.
IT'S LOCATED AT 102 KIRKLAND
DRIVE, AND THE PROPERTY'S JUST
UNDER A THIRD OF AN ACRE.
THIS CASE IS A LITTLE UNUSUAL.
WE'LL GET INTO SOME OF THE
ASPECTS OF IT IN A MOMENT, BUT
IT IS COMING TO YOU AS AN APPEAL
CASE.
IT WAS DENIED BY THE ZONING
COMMISSION.
THE APPLICANT HAS APPEALED THAT.
ALSO, SOME OF THE NEIGHBORS IN
THE AREA DID FILE A PROTEST
PETITION ON THIS PARTICULAR
CASE.
THAT WAS VAL -- VALIDATED.
WE DON'T GET A LOT OF THOSE, SO
JUST TO REFRESH YOUR MEMORIES A
LITTLE BIT, WITH THE PROTEST
PETITION, BASICALLY WHAT HAS TO
HAPPEN IN ORDER FOR THIS ITEM TO
PASS TONIGHT IS A SUPERMAJORITY
OR THREE-FOURTHS VOTE, WHICH IN
THE CASE OF OUR COUNCIL MAKES IT
AN 8 -- AT LEAST EIGHT MEMBERS
IN FAVOR, SO THAT'S WHAT WE'LL
BE LOOKING AT.
AND I'LL GO INTO THE PROTEST
PETITION ITSELF HERE IN A MINUTE
AS I GO THROUGH THE SLIDES.
AS YOU CAN SEE WHERE THE
PROPERTY IS LOCATED, IT'S
ACTUALLY AT THE CONVEX OF
COCHRAN AVENUE AND KIRKLAND.
YOU'VE GOT THE VA HOSPITAL HERE
JUST TO THE SOUTH.
AN ELEMENTARY SCHOOL HERE ACROSS
THE STREET.
RESIDENTIAL DEVELOPMENT ALL
BEHIND THE PROPERTY.
LAFAYETTE CEMETERY DOWN HERE.
THOSE SHOULD GIVE YOU A PRETTY
GOOD IDEA OF WHERE THIS IS
LOCATED.
EVERYTHING IN THIS AREA IS ZONED
SF-6 WITH THE EXCEPTION OF RIGHT
HERE AT CIRCLE COURT WE HAVE A
C1 CONDITIONAL DISTRICT.
THIS IS THING ATUAL FIRST
CONDITIONAL ZONING DISTRICT THAT
WAS DONE IN THE CITY.
AND SO EVERYTHING ELSE LIKE I
SAID IS ZONED SINGLE FAMILY 6,
EVEN THE VA HOSPITAL, THE
CEMETERY, AND THE SCHOOL.
CURRENT LAND USE IN THE AREA,
AGAIN WE HAVE GOT THE SCHOOL
HERE, THE CEMETERY HERE, THE, VA
HOSPITAL, AND THEN IN THIS AREA,
LIGHT RESIDENTIAL LOW DENSITY
AND THEN THE COMMERCIAL AGAIN UP
HERE AT CIRCLE COURT.
OUR LAND USE PLAN CALLS FOR
MEDIUM DENSITY RESIDENTIAL
THROUGHOUT THIS AREA.
THE AREA HERE WITH THE HOSPITAL
CALLS FOR OFFICE OR
INSTITUTIONAL, WHICH FITS WITH
THE HOSPITAL AREA.
THE GREEN IS DESIGNATED EITHER
OPEN SPACE OR GOVERNMENT
PROPERTY WHICH A SCHOOL FITS
NICELY INTO THAT AS WELL.
GETTING BACK TO THE PROTEST
PETITION, THE REQUIREMENTS OF A
PROTEST PETITION ARE THAT THE
SUBJECT PROPERTY, YOU HAVE TO
DRAW BASICALLY A 100-FOOT RADIUS
AROUND THAT PROPERTY, AND IF
SIGNERS OR THE OWNERS OF AT
LEAST 5% OF THIS AREA IN HERE
ARE ABLE TO SIGN THE PETITION,
THEN IT IS VALIDATED.
IN THIS CASE, ALL OAF THESE IN
YELLOW AND THE AREAS INSIDE THE
CIRCLE ARE WHERE IT COUNTED.
THEY COUNTED FOR I BELIEVE IT'S
ABOUT 35% OF THE WHOLE, THE
TOTAL AREA AROUND IT.
SO THAT WAS WELL IN EXCESS OF
THE 5% REQUIRED BY STATE
LEGISLATION.
AND AGAIN, THAT'S WHAT NOW KICKS
US INTO A SUPERMAJORITY OR
THREE-FOURTHS VOTE TONIGHT.
THESE ARE A COUPLE OF SLIDES OF
ANOTHER PROJECT THAT'S SAME
DEVELOPER HAS DONE BEFORE.
YOU'LL NOTICE IN A MOMENT WITH
THE CONDITIONS OF THIS PROJECT
YOU'LL SEE THEIR CONDITION --
EVEN THOUGH THEY'RE ASKING FOR
THE LIMITED COMMERCIAL, THEY'RE
WANTING TO CONDITION IT DOWN TO
JUST AN OFFICE USE.
THE OWNER REAL ESTATE COMPANY.
HE IS GOING TO PUT A SECOND
OFFICE ON THE PARTICULAR
PROPERTY IN QUESTION.
THIS IS ANOTHER HOUSE THAT THEY
TOOK A COUPLE YEARS AGO AND
TURNED INTO ONE OF THEIR OTHER
REAL ESTATE OFFICES, AND THEY
JUST, THIS IS BASICALLY JUST
SHOWING YOU WHAT THEY DID WITH
THAT HOUSE.
THESE ARE A COUPLE OFS BEFORE
AND THEN THIS IS THE AFTER OF
WHAT IT LOOKS LIKE NOW.
THIS PROPERTY'S OUT ON
CUMBERLAND ROAD.
IT'S ACTUALLY ON THE COUNTY'S
JURISDICTION.
AS PART OF THIS CASE, WE WOULD
BE REMISS IF WE DIDN'T MENTION
THE RAMSEY STREET MARKET STUDY
THAT WAS JUST DONE RECENTLY.
WE HAVE SEVERAL DIFFERENT AREAS
LOCATED ON THIS MAP, AND IN
PARTICULAR, THE ONE WE'RE
LOOKING AT IS THE AREA D THERE
RIGHT IN THIS BASIC AREA HERE.
AS PART OF THAT MARKET STUDY,
THE REASON IT WAS DONE WAS
BECAUSE THE CITY OF FAYETTEVILLE
HAS ANTICIPATED GROWTH DUE TO
THE BASE REALIGNMENT AND CLOSURE
THE RAMSEY STREET CORRIDOR PLAN
THAT WAS COMPLETED IN 2009 AND
ADOPTED BY THE CITY HAD A
REFLECTION ON THE COMMUNITY'S
EXPECTATIONS FOR GROWTH AND
DEVELOPMENT IN THE CORRIDOR AND
DEPICTS A VARIETY OF LAND USES
ARRANGED DUE TO URBAN DESIGN
PRINCIPLES.
THE PLAN ALSO RECOMMENDED TWO
FOLLOW-UP STEPS, ONE BEING THE
MARKET ANALYSIS WHICH IS WHAT
WE'RE DISCUSSING HERE.
AND THE OTHER IS ZONING ANALYSIS
WHICH IS BASICALLY GOING ON AT
THIS POINT.
THE MARKET CONDITIONS ON RAMSEY
STREET BASED ON THE
RECOMMENDATIONS OF 2009 STUDY
CONCLUDED THAT A 794 HOUSING
UNITS, 82,000 SQUARE FEET OF
RETAIL, AND 191,000 SQUARE FEET
OF OFFICE THAT WOULD BE NEEDED
ALONG THAT CORRIDOR OVER THE
NEXT TEN YEARS.
NOW, THAT IS INCLUDING WHAT'S
ALREADY THERE.
THAT'S IN THE, SOME OF THOSE
SQUARE FOOTAGES AS WELL.
BASED ON THE CURRENT DEVELOPMENT
PATTERNS THAT COULD EQUATE TO
22 ACRES OF DEVELOPMENT OF
OFFICE AND RETAIL DEVELOPMENT.
OR TO GIVE YOU AN IDEA, DOWN
HERE AT THE BOTTOM THIS
REPRESENTS DWOO ACHE --
22 ACRES.
ALL THIS IN ORANGE IS ALONG A
PORTION OF RAMSEY STREET
CORRIDOR, AND THIS IS JUST A
PORTION.
THIS WOULD BE METHODIST
UNIVERSITY OVER HERE, SO YOU CAN
SEE WHAT SMALL AN AREA THEIR
TALKING -- THEY ARE TALKING
ABOUT OVER THE NEXT TEN YEARS OF
NEEDED GROWTH.
AND LIKE I SAID, THAT'S TAKING
INTO ACCOUNT ALL OF THE
COMUFERLINGS THAT'S ALREADY
OUT -- COMMERCIAL THAT'S ALREADY
OUT THERE ON RAMEDZY -- RAIMS
RAMSEY STREET, VACANT PARCELS,
VACANT BUILDINGS, THINGS OF THAT
NATURE AS WELL.
OBJECTIVES FOR DEVELOPMENT,
CREATION OF VIBRANT COMMERCIAL
CENTERS, SUPPORT TRANSIT
SERVICE, CONVENIENT ACCESS TO
DRUGSTORES, GROCERY STORES,
CONVENIENCE STORES.
AN ENVIRONMENT WHERE REAL ESTATE
VESTORS CAN THRIVE.
CATALYSTS FOR OTHER CORRIDOR
DEVELOPMENT.
AS PART OF THAT PLAN, THIS AREA
UP HERE ALONG THIS IS KIND OF
THE AREA ALONG THE OLD WAL-MART
WHERE LOWE'S IS.
THERE'S THE OLD BI-LO AND THEN
THIS PARCEL OVER HERE IS
CURRENTLY UNINCORPORATED NOT
PART OF THE CITY BUT THAT WAS
KIND OF LOOKED AT AS A, A
COMMERCIAL NODE, THAT THAT'S
PROBABLY ONE OF THE BEST
REDEVELOPMENT AREAS THROUGHOUT
THE CORRIDOR OR HAS THE BEST
POTENTIAL AT THIS POINT.
THE PURPOSE TO FACILITATE
IN-FILL DEVELOPMENT AND RETAIL
DEVELOPMENT IN KEY AREAS THAT
ACT AS A CATALYST FOR FUTURE
DEVELOPMENT ALONG THE CORRIDOR
THAT ARE ALONG ARTERIAL ROADS
THAT ARE A CONCENTRATED MIX OF
USES AND HAVE SURVIVABILITY OF
USES.
AGAIN, AS I MENTIONED, AGAIN
THIS IS A CONDITIONAL USE
ZONING.
TWO CONDITIONS THE OWNER HAS
OFFERED IS THAT THIS WOULD ONLY
BE USEDADS AN OFFICE, AND THAT
THE EXTERIOR RENOVATIONS TWO --
THERE IS AN EXISTING HOME THEY
PLAN TO RENOVATE WOULD BE
COMPATIBLE THROUGHOUT THE
SURROUNDING AREA AS IT IS A
RESIDENTIAL DEVELOPMENT BEHIND
AND BESIDE THIS PROPERTY.
AGAIN, ZONING COMMISSION DID
DENY THIS CASE AT THE END OF THE
MEETING 4-1.
SINCE THAT TIME,
NOVEMBER 15th, THE APPLICANT
DID FILE AN APPEAL, AND AGAIN,
LAST WEDNESDAY WE RECEIVED A
VALID PROTEST PETITION FOR THIS
CASE.
ENZONING COMMISSION AND STAFF
ARE RECOMMENDING DENIAL OF THE
PROPOSED REZONING BASED ON THE
PROPERTY'S SURROUNDED BY
SINGLE-FAMILY RESIDENTIAL
ZONING.
THE ZONING FOR THIS PROPERTY,
TWO COMMERCIAL WOULD AFFECT TWO
RESIDENTIAL STREETS, KIRKLAND
AVENUE AND COCHRAN DRIVE.
BOTH CITY'S LAND USE PLAN AND
THE RAMSEY STREET CORRIDOR PLANS
CALL FOR RESIDENTIAL DEVELOPMENT
ON THE PROPERTY.
ACCORDING TO THE RAMSEY STREET
CORRIDOR PLAN, THERE WAS
SUFFICIENT LAND TO ALREADY EXIST
TO ACCOMMODATE THE FUTURE
NONRESIDENTIAL GROWTH ON RAMSEY
STREET, AND TO AVOID NIBBLING
AWAY AT EXISTING RESIDENTIAL
DISCOURAGES -- THE NIBBLING AWAY
OF EXISTING RESIDENTIAL
DISCOURAGES REDEVELOPMENT IN
ALREADY ZONED COMMERCIAL
PROPERTIES.
DISRUPTS NEIGHBORHOODS AND
AFFECTS TRAFFIC HANDLING
CAPACITY OF STREETS.
ARE THERE ANY QUESTIONSONG --
QUESTIONS ON THIS CASE BEFORE WE
OPEN YOUR PUBLIC HEARING?
>> ANY QUESTIONS FOR MR. HARMON?
MR. VORHEES, DID YOU HAVE A
COMMENT, SIR?
>> JUST A POINT OF
CLARIFICATION.
IT'S 50% OF THE PROPERTY OWNERS
NEED TO FILE A PETITION FOR
PROTESTS PETITION TO BE
SUCCESSFUL.
NOT 5%.
THANK YOU.
>> MR. BATES?
EVERYBODY CLEAR ON THAT?
FOR PROTEST PETITION HAS TO BE
50% OF THE PROPERTY OWNERS.
BUT ANYWAY.
GO AHEAD, MR. BATES.
>> MR. HARMON, ON THE PROTEST
PETITION VOTE, OKAY, YOU HAVE TO
HAVE SUPERMAJORITY EIGHT IN
FAVOR OF THE MOTION MADE OR, I
MEAN, --
>> IN FAVOR TO PASS THE CASE.
>> OKAY.
GOT IT.
>> YOU'D HAVE TO --
>> I JUST WANTED TO MAKE SURE I
WAS CLEAR ON THAT.
THANK YOU.
>> TO REZONE THE PROPERTY I
THINK WOULD REQUIRE --
>> YES.
>> OKAY.
MR. CRISP.
YES, SIR.
>> MR. HARMON, PUT THE MAP BACK
UP WHERE YOU SHOWED EARLY ON THE
LOCATION OF THAT CORNER PROPERTY
I THINK IT WAS THE FIRST ONE YOU
SHOWED.
THAT ONE.
AND I'M LOOKING AT WHAT I SEE --
I THINK IT'S SINGLE-FAMILY
DWELLINGS.
>> THESE ARE ALL -- IF I CAN GET
THE MOUSE TO WORK HERE.
ALL OF THIS HERE AND BACK HERE
ARE ALL SINGLE-FAMILY HOUSING,
YES, AND THEN THIS HERE TO THE
SOUTH IS A VA HOSPITAL.
>> THEN I'M LOOKING AT THAT, AND
I'M GETTING AN IMPRESSION TO
ZONE THAT COMMERCIAL WOULD BE
SPOT ZONING.
IS THAT -- AM I LOOKING AT IT --
>> WELL, THERE'S THAT ASPECT AS
WELL.
>> THANK YOU,.
>> MR. FOWLER.
>> I WAS CURIOUS.
DO WE HAVE A PHOTOGRAPH OF WHAT
THE CURRENT STRUCTURE LOOKS
LIKE.
>> I DON'T HAVE IT IN THE
PRESENTATION.
IT'S A SMALL WHITE HOUSE THAT
SITS THERE CURRENTLY.
>> OKAY, SIR.
STAND BY.
WE WILL OPEN THE PUBLIC HEARING.
I AM SURE WE WILL HAVE
ADDITIONAL QUESTIONS FOR YOU.
MADAM CLERK, LET'S OPEN THE
PUBLIC HEARING FOR THIS ITEM.
>> WE HAVE THREE SEEKERS ON THIS
ITEM.
THE FIRST ONE IS MR. RANDY
SCAWD.
>> ARE ALL SPEAKERS SPEAKING IN
OPPOSITION, MA'AM?
>> THE FIRST TWO IN OPPOSITION
AND THE THIRD ONE IN FAVOR.
>> OKAY, SO THE FIRST TWO ARE IN
OPPOSITION.
>> YES, I AM IN OPPOSITION.
READY?
OKAY.
MY NAME IS RANDY SCOTT, AND I
LIVE AT 1610 FORT BRAGG ROAD.
I'M HERE REPRESENTING MY MOTHER
AND FATHER, MARK AND BARRY SCOTT
AS WELL AS MY AUNT AND UNCLE
BETTY AND RANDY DUDLEY.
I WANT TO THANK YOU ALL FOR THE
OPPORTUNITY TO OPPOSE THIS
REZONING.
THE, AS MR. HARMON SAID, THE
ZONING COMMISSION HAS DENIED IT,
AND IT IS UNDER APPEAL.
MY FAMILY AND FRIENDS HAVE LIVED
IN THE MYRTLE HILL NEIGHBORHOOD
IS WHAT IT'S CALLED SINCE THE
EARLY 1940s, MY GRAND MOTHER
WAS A NURSE AT THE VA HOSPITAL
FOR 40 YEARS.
MY GRANDFATHER WAS A
DETEBLGHTIVE ON THE FAYETTEVILLE
POLICE DEPARTMENT FOR ALMOST 40
YEARS.
MY MOTHER AND FATHER NOWOBE --
NOW OWN MY GRANDMOTHER'S HOME ON
KIRKLAND DRIVE AND MY AUNT AND
UNCLE LIVE ON COCHRAN AVENUE AND
THEY OWN A RENTAL HOME ON
KIRKLAND.
I KNOW THAT THE REASONS AND THEY
HAVE BEEN MENTIONED BEFORE I
THINK BY MR. HARMON BUT I WANT
TO REITERATE THE PROPERTY
SURROUNDED BY SINGLE-FAMILY
RESIDENTIAL ZONING, THE ZONING
WOULD AFFECT COCHRAN AND
KIRKLAND AVENUE AS WELL AS
BRAINERED.
THE CITY'S LAND USE PLAN IS
CALLS FOR RESIDENTIAL
DEVELOPMENT ON THIS PROPERTY,
AND ACCORDING TO RAMSEY STREET
CORRIDOR, STUDY, OR THE PLAN,
THIS SUFFICIENT PLAN ALREADY
EXISTS TO ACCOMMODATE FUTURE
NONRESIDENTIAL GROWTH IN RAMSEY
STREET, AND I THINK COUNCILMAN
CHRIS ALSO POINT -- CRISP
POINTED OUT THE FACT THAT IT IS
SPOT ZONING, AND I THINK THAT
THAT'S SOMETHING Y'ALL WANT TO
AVOID.
AND I KNOW THAT THE OWNERS HAVE,
HAVE APPEALED WITH A CONDITION,
AND THEY WANT TO HAVE OFFICE USE
AND THAT SORT OF THING BUT THEY
ARE IN THE REAL ESTATE BUSINESS
AND THEY BUY AND SELL PROPERTY
AND IF THEY WERE TO BUY AND SELL
THIS PROPERTY IF IT'S ZONED
ONCE, IT COULD CERTAINLY BE
ZONED AGAIN, AND OUR CONCERN IS
THAT SOME SORT OF A SHOP TOBACCO
AND/OR SMOKE SHOP SET UP LESS
THAN A MILE AWAY IN AN
INTERSECTION OF SUNSET, ROSA
ROADAMSY STREET THERE WAS AN
INCIDENT A FEW MONTHS AGO AND
THAT'S WHAT THEY'RE CONCERNED
ABOUT, THESE LIFE-LONG RESIDENTS
THAT HAVE BEEN THERE 40-PLUS
YEARSERMENT THEY -- YEARS.
AND THEY DON'T WANT ANYTHING
LIKE THAT AND IF I UNDERSTAND IF
IT'S ZONED OFFICE IT COULD BE
ZONED FURTHER DOWN THE ROAD
LATER.
THERE ARE FIVE REARSENS I DON'T
THINK -- REASONS I DON'T THINK
IT SHOULD BE REZONED.
THE HISTORIC ROBERT ESTRANGED
HOME MYRTLE HILL, THE VA
HOSPITAL, THE STATE NORTH
CAROLINA VA NURSING HOME WHICH
IS THE TRAFFIC IS VERY CONGESTED
COMING OUT OF COCHRAN ALREADY.
LUTHER NICK GERALDS MIDDLE
SCHOOL WHICH IS RIGHT ACROSS THE
STREET HERE, AND THEN THE LONG
HP TIME RESIDENTS AND FAMILY
THAT HAVE LIVED IN THE MYRTLE
HILL AREA FOR SOMETIME.
THANK YOU FOR YOUR ATTENTION IN
THIS MATTER, AND I HOPE YOU VOTE
NOT TO REZONE.
>> THANK YOU, SIR.
THANKS FOR COMING.
>> MAYOR, OUR NEXT SPEAKER IS
MR. ROBERT ROYAL.
>> GOOD EVENING.
MY NAME IS ROBERT ROYAL.
I LIVE AT 106 KIRKLAND DRIVE,
AND THIS TWO STREETS, KIRKLAND
AND COCHRAN WERE BUILT AS THE
FIRST HOUSING DEVELOPMENT IN
CUMBERLAND COUNTY.
IT WAS BUILT THE SAME YEAR THAT
THE VA HOSPITAL WAS BUILT.
AND THESE TWO STREETS YOU HAVE
HEARD OF HORSESHOES.
THESE TWO STREETS FORM A
TRIANGLE.
THE TRIANGLE ABUTS RAMSEY
STREET.
THEY COME IN NOT STRAIGHT UP BUT
THEY COME IN LIKE A TRIANGLE.
AND THEY ARE 11 OR 12 FEET
APART.
AT THE BACK OF THE TRIANGLE IS A
CONNECTING STREET LIKE YOU SAID
IT'S MYRTLE LANE, AND IT'S
ROBERT STRANGE'S HOUSE IS ON
THAT.
WHEN THIS PROPERTY WAS DEVELOP,
IT WAS THE ONLY TWO STREETS
WHERE THE -- THERE WAS NOTHING
BETWEEN HERE AND LINEN, THESE
TWO STREETS AND THE CITY LIMITS
ENDED AT THE RAMSEY STREET ON
UNDERPASS.
AND THIS IS A GOOD NEIGHBORHOOD.
IT'S QUIET.
HOUSES ARE WELL KEPT, YARDS ARE
WELL KEPT, AND THEY -- IT'S A
GOOD PLACE.
I'VE BEEN LIVING THERE SINCE
1944 AND THERE'S NEVER BEEN ANY
CRIME ON THESE TWO STREETS.
THERE'S NEVER BEEN A FIRE ON
THESE TWO STREETS.
AND IT'S JUST A GOOD PLACE TO
LIVE.
THIS PROPERTY WE'RE TALKING
ABOUT, THE FRONT DOOR OPENS ON
KIRKLAND DRIVE AND THE BACK DOOR
OPENS ON COCHRAN.
THESE ARE SITUATED AND MY HOUSE
WHERE I LIVE IS NEXT TO HIS
PROPERTY.
HIS BACKYARD PROPERTY LINE GOES
ALL THE WAY ACROSS.
AND HIS BACKYARD IS NEXT TO MY
FRONTYARD AND ALSO THE HOUSE
BEHIND ME ON COCHRAN AVENUE IS
SAME WAY.
HIS BACKYARD GOES ALL THE WAY TO
MY BACKYARD AND FRONTYARD AND
THE PLAN THAT HE HAS THERE, IT'S
GOING TO BE A PARKING LOT ON
KIRKLAND DRIVE, FROM KIRKLAND UP
TO THE HOUSE.
PROBABLY, I DON'T KNOW.
AND ON COCHRAN'S GOING TO BE THE
SAME THING.
A PARKING LOT OVER THERE.
AND I DON'T KNOW WHAT ELSE,
MAYBE A SIGN, PROBABLY, GOT TO
HAVE A SIGN.
SOMETHING IN THERE.
AND IT JUST DOESN'T FIT, YOU
KNOW.
IT DOESN'T FIT IN WITH OUR
PROPERTY, I TELL YOU.
IT JUST WOULDN'T BE FAIR TO PUT
SOMETHING LIKE THIS HERE AND IT
WOULDN'T BE RIGHT.
IT WOULD BE WRONG BECAUSE IT
JUST DOESN'T FIT THERE.
THAT'S ABOUT IT.
THANK YOU FOR LETTING ME SPEAK.
>> THANK YOU, MR. ROYAL.
>> I'M MUCH OBLIGED.
>> THANK YOU, FOR COMING, SIR.
>> SIR, OUR FINAL SPEAKER IS
MR. DREW BOXWELL SPEAKING IN
FAVOR.
>> I DO HAVE SOME -- MY NAME IS
DREW BOXWELL.
I HAVE SOME INFORMATION I WOULD
LIKE TO PASS TO THE COUNCIL.
>> SIR, IF YOU WILL HAND THAT TO
THE CLERK, SHE WILL HANDLE THAT
FOR YOU, SIR.
>> OKAY.
>> GO AHEAD, SIR.
>> THERE'S A PACKET RIGHT THERE.
>> OKAY.
>> FIRST OF ALL, THANK YOU FOR
ALLOWING ME TO PRESENT MY CASE
ON 102 KIRKLAND.
AS I I SAID, MY NAME IS DREW, AD
MY WIFE AND I OWN PROPERTY ON
102 KIRKLAND.
WHEN THIS PACKET GOES AROUND,
THERE'S A LITTLE BIT OF A TABLE
OF CONTENTS AND INFORMATION ON
THE LEFT-HAND SIDE THAT WOULD
LIKE TO GO WITH THIS AND ON TOP
OF THAT AS THAT ONE GENTLEMAN
ASKED ABOUT A PICTURE FOR WHERE
THE CURRENT PROPERTY.
IT'S IN THE PACKET THERE ON PAGE
NUMBER 12.
WHAT I WOULD LIKE DO IS SINCE
THIS IS GOING TO BE ABOUT MY
INFORMATION BASED ON MY REQUEST
HERE, I'D LIKE TO BRING THIS
DOCUMENT HERE, WHICH WAS -- I'M
NOT QUITE SURE.
I GOT THIS FROM THE CITY'S
ZONING, BUT IT'S DATED
JUNE 2012, A STUDY BY -- FOR THE
CITY OF FAYETTEVILLE FOR THE
RAMSEY STREIT CORRIDOR MARKET
AND ECONOMIC ANALYSIS.
SO I'LL BASE SOME INFORMATION
OFF OF THAT PARTICULAR DATA.
IF YOU WOULD ON PAGE 1, WHICH IS
ANOTHER DUPLICATE OF WHAT YOU
SAW UP THERE, THE ORANGE AREA
THERE THAT IS DESIGNATED AS, AS
A RAMSEY STREET MARKET TRADE
CORRIDOR AREA, I JUST WANT TO
POINT OUT THIS PROPERTY DOES SIT
IN THAT CARDORE.
IT'S PART OF THE ORANGE
DESIGNATED AREA THAT IS FROM
THIS STUDY.
AND I JUST WANT TO MAKE THAT
POINT.
ON PAGE 2 OF THE OCCUPANCY,
OFFICE OCCUPANCY EMPLOYMENT,
THAT IS EXTRACTED FROM ALSO THIS
RAMSEY STREET CORRIDOR MARKET
AND ECONOMIC ANALYSIS DATED
JUNE 2012.
AND ON THAT PAGE IT SHOWS THAT
WHAT THE SIZE AND THE MAGNITUDE
OF WHAT THESE PROJECTIONS ARE,
AND I'VE HIGHLIGHTED THOSE AREAS
RELEVANT TO MY REQUEST HERE.
ONE THING I WANT TO MAKE CORRECT
AND I AM APPLYING FOR A
CONDITIONAL USE OFFICE SPACE,.
THE COMMENT ABOUT THE TOBACCO OR
RETAIL SHOP IS NOT WHAT THIS
APPLICATION IS FOR.
AS YOU WILL NOTICE ON THE SECOND
PAGE THERE, IT SAYS ON THAT
THIRD HIGHLIGHTED AREA, AS SHOWN
IN TABLE 41 -- DO I HAVE 15
MINUTES OR THREE MINUTES?
I THOUGHT I HAD 15 MINUTES.
>> I WANTED TO CLARIFY
MR. BOXWELL IS THE ONLY SPEAKER
SO HE CAN USE THE ENTIRE 15
MINUTES.
>> GO AHEAD, SIR.
>> OKAY.
RIGHT HERE IT SHOWS THE
CUMBERLAND COUNTY IS EXPECTED TO
AN INCREASE OF OVER 1.2 MILLION
SQUARE FEET OVER THE NEXT
10-YEAR PERIOD.
FOLLOWING THAT ON THE NEXT PAGE,
ON PAGE 3, ON THERE, IT LOCATES
THIS PROPERTY HERE, WHICH IS THE
FIRST HIGHLIGHTED AREA
SPECIFICALLY BECAUSE OF THE
ACCESS OF I-295 THE FT. BRAGG
AND THE VA MEDICAL CENTER WHICH
IS THIS PROPERTY IS DEAD NEXT TO
THE VA MEDICAL CENTER, THE
OFFICE DEMAND FORECAST ON THE
RAMSEY STREET CORRIDOR FOR JOBS
IS 193 AND THE SQUARE FEET
INCREASE IS 191,464 SQUARE FEET
AS ANTICIPATED GROWTH NEEDED
FOR -- FOR ANTICIPATED GROWTH
BETWEEN NOW AND 2010.
I WOULD LIKE TO CONTINUE ONTO
THE NEXT PART, THE PAGES 4-10 IN
MY LITTLE HEART HERE.
AS FOR MY COMMENT ABOUT THE
SPOT, ZONING, IF YOU'LL NOTICE
THERE, I PULLED THE INFORMATION
HERE FROM THE FAYETTEVILLE BOARD
OF REALTORS UNDER THE
NEIGHBORHOOD PROFILES, AND ON
THOSE PAGES YOU CAN CLEARLY SEE
THAT THERE'S WITHIN A MILE AND
POST OF IT EVEN CLOSER THAN A
MILE, ALL THAT PROPERTIES THAT
I'VE SUBMITTED WAS THIS LESS
THAN A MILE, BUT YOU'LL NOTICE
AT LEAST 50 DIFFERENT TYPES OF
NONRESIDENTIAL PROPERTIES.
EACH ONE OF THOSE 50 HAS BEEN
HIGHLIGHTED.
A COUPLE OF THEM I'VE
ACCIDENTALLY OVERDONE BUT
NUMERICALLY IF YOU COUNT THEM
IT'S APPROXIMATELY 50 PROPERTIES
ONCE AGAIN, ON THE NEXT PAGE,
PAGE 11, YOU HAD A PICTURE OF
THE BEFORE AND AFTER.
THIS IS A PICTURE OF A TYPICAL
CUMBERLAND ROAD OFFICE.
THE BEFORE IS A TOP PICTURE, &
BOTTOM IS THE CURRENT OFFICE
LOCATION.
THE PORTION THAT YOU SEE ON THE
LEFT SIDE OF THIS BUILDING, AND
THE LAST PAGE THAT YOU SEE ON
HERE, THE TOP PORTION IS A
PICTURE OF THE ACTUAL 102
KIRKLAND.
IT'S BASICALLY ONE OF THE OLD
MILL HOUSES THAT WAS BUILT IN
THE, IN THIS PARTICULAR ONE WAS
BUILT IN 1942.
THE ASBESTOS SIDING JUST
STANDARD HOUSE, THIS HOUSE
ABSOLUTELY FOR A COUPLE
CORRECTIONS HERE FROM THE
PREVIOUS PERSON OBJECTING.
IF YOU NOTICE THE PICTURE THERE,
THAT FRONT DOOR IS FACING RAMSEY
STREET.
NOT KIRKLAND.
THE SIDE STREET FACES KIRKLAND.
I JUST WANT TO CLARIFY THAT.
THE PICTURE BELOW IS MY
PROJECTION OR PROPOSED IDEA OF
WHAT THAT HOUSE WOULD LOOK LIKE
AFTER COMPLETION OF THE
CONSTRUCTION.
NOW, IN CONCLUSION, JUST SOME OF
THE THINGS I HAVE MENTIONED HERE
I WOULD LIKE TO PRESENT AGAIN,
THE PROPERTY LOCATION IS WITHIN
THE RAMSEY STREET TRADE CORRIDOR
DESIGNATED BY THE STUDY OF JUNE
JUNE 2012 FOR THE CITY OF
FAYETTEVILLE MADE BY KINSEY,
HORN, AND ASSOCIATES.
THE FUTURE OFFICE, THE GROWTH OF
RAMSEY STREET TRADE CORRIDOR IS
PROJECTED BETWEEN NOW AND 2020
ON ADDITIONAL 191,464 SQUARE
FEET.
OF WHICH THIS PROPERTY SPACE
WOULD BE IN CONJUNCTION TO THIS
FOOTAGE.
ONCE AGAIN THE CURRENT LOCATION
IS SURROUNDED BY AT LEAST 50
NONRESIDENTIAL PROPERTIES WITHIN
LESS THAN 1 MILE.
THE ONLY REASON IT HAS 102
ADDRESS IS IT'S POSTED ON
KIRKLAND SO THE ADDRESS IS
DESIGNATED AS KIRKLAND BUT THE
POINT OF THE PROPERTY ACTUALLY
IS ON RAMSEY STREET.
ONE IMPORTANT THING THAT I WANT
TO MAKE TO THE FOLKS THAT ARE
DISPUTING THIS, IF YOU LOOK AT
THE CORRIDOR THERE WHERE THIS
PROPERTY SITS, ALL ALONG THAT
CORRIDOR IN MANY, MANY CASES,
THERE IS RESIDENTIAL PROPERTIES
BEHIND COMMERCIAL PROPERTIES
THERE, AND JUST AS THIS
COMMERCIAL PROPERTY IS A REQUEST
TO BE AN OFFICE, WHICH NOWADAYS
ANYBODY IN THE REAL ESTATE
BUSINESS MAY KNOW THAT THERE'S
VERY, VERY LITTLE TO ALMOST NO
TRAFFIC.
I HAVE A REMAX INFINITY OFFICE,
AND VIRTUALLY I DO NOT HAVE
AGENTS COMING IN THE OFFICE.
WITH MODERN TECHNOLOGY, WITH
SMARTPHONES AND COMPUTERS AND
EVERYTHING ELSE, THE TRAFFIC
VOLUME, IT ISN'T THERE.
IT JUST ISN'T THERE.
OUT OF THE AGENTS I HAVE IN MY
OFFICE ONE OR TWO PER WEEK FOR
TINY PAPERWORK OR MEET WITH
CLIENTS.
BUT THE DAY DAYS OF SITTING
AROUND WITH A BUNCH OF PEOPLE IN
THE OFFICE, IT JUST DOESN'T
HAPPEN IN THIS INDUSTRY.
AND I JUST WANT TO -- I WANT TO
BUILD A BEAUTIFUL OFFICE.
I HAVE NO INTENTIONS OF DOING
HARM TO ANY OF THESE FOLKS HERE
WHERE WE'RE PUTTING SOMETHING IN
THAT'S GOING TO BE IN ANY SHAPE
OR MANNER THAT IS NOT SOMETHING
THEY CAN DRIVE BY AND SAY, WOW,
THAT LOOKS NICE.
I DID THIS ON CUMBERLAND ROAD.
I HAD PEOPLE OBJECT TO IT
INITIALLY, BUT NOW THAT IT'S
BEEN COMPLETED, THEY ARE VERY,
VERY GRATEFUL I TOOK THAT HOUSE
AND CONVERTED IT TO WHAT IT IS
NOW BECAUSE IT ACTUALLY LOOKS SO
MUCH BETTER THAN IT WAS BEFORE.
AND THIS HOUSE ALTHOUGH IT'S ON
CUMBERLAND IT'S ON THE CORNER OF
CUMBERLAND AND 8th STREET.
I AM A GENERAL CONTRACTOR ALONG
WITH BEING A REAL ESTATE BROKER
AND OWNER OF REMAX INFINITY AND
THIS PARTICULAR HOUSE HERE IS AN
ASBESTOS SIDED HOUSE WHICH I
PLAN TO CONVERT AND GET RID OF
THE HAZARDOUS MATERIALS ON IT.
AND I PLAN TO RENOVATE AND
IMPROVE THE HOME WITH THE LEAST
AMOUNT OF DISTURBANCE AND
COMPATIBILITY WITH THE
HOMEOWNERS.
AND THE LAST IS AS A HOMEOWNER
WITH ANY HOMEOWNER, WHAT I'M
REQUESTING FOR THE HIGHEST AND
BEST USE IS I THINK IT'S A
REASONABLE REQUEST TO PRESENT TO
YOU.
IT'S NOTHING THAT IS IN THE
MIDDLE OF THE SUBDIVISION.
IT'S NOT -- IT'S ON RAMSEY
STREET IN THE PROPOSED TRADE
CORRIDOR, THE PROPOSED TRADE
CORRIDOR.
THANK YOU VERY MUCH.
>> THANK YOU FOR COMING, SIR.
THANK YOU, MR. BOXWELL.
>> SIR, WE HAVE NO FURTHER
SPEAKERS.
>> WE WILL CLOSE THE PUBLIC
HEARING AND ENTERTAIN ANY
ADDITIONAL QUESTIONS FROM
COUNCIL.
>> CAN YOU CONFIRM THE AMOUNT OF
PROPERTY OWNERS AGAIN FOR A
VALID PROTEST?
IS IT 50%?
>> THERE'S BEEN SOME STATUTORY
CHANGE, AND I APOLOGIZE FOR
MISLEADING THE COUNCIL.
THAT WAS NOT MY INTENT, BUT I
HAVE BEEN HANDED A COPY OF SOME
STATUTORY LANGUAGE AND I WILL
READ IT TO YOU.
A RECENT CHANGE IN STATE LAW
SAYS, QUOTE, THE PETITION, MUST,
QUOTE, BE SIGNED BY THE OWNERS
OF PROPERTY WHICH REPRESENTS 5%
OR MORE OF A 100-FOOT WIDE
BUFFER EXTENDING ALONG THE
ENTIRE BOUNDARY OF THE PROPERTY
TO BE REZONED.
A STREET RIGHT-OF-WAY SHALL NOT
BE CONSIDERED IN COMPUTING THE
100-FOOT BUFFER AREA AS LONG AS
THAT STREET RIGHT-OF-WAY IS
100-FOOT WIDE OR LESS.
SO TO CLARIFY, THE OLD RULE WAS
50% OR MORE.
THE NEW RULE IS PROPERTY OWNERS
WHICH REPRESENT 5% OR MORE OF
THAT BUFFER.
THIS IS WELL IN EXCESS OF THAT,
SO THIS IS CERTAINLY A VALID
PROTEST PETITION.
>> OKAY, SO IT'S NOT 50%.
OKAY.
THAT'S -- I WAS GETTING
CONFUSED.
THANK YOU.
>> MR. CRISP?
>> YES, SIR.
MR. HARMON?
, 5% DOESN'T TELL ME WHAT I WANT
TO KNOW.
I'M LOOKING AT AN AWFUL LOT OF
HOUSES IN THAT DEVELOPMENT
THERE, AND I HOW MANY SPECIFIC
HOUSES ARE INVOLVED IN THE
PROTEST PETITION?
>> WELL, I CAN SHOW YOU ONCE
AGAIN.
THIS IS A CLOSER VIEW ON YOUR
MONITOR.
THE PROPERTY HERE IN THE MIDDLE
WHERE THE SF-6 IS, THIS IS THE
PROPERTY IN QUESTION.
YOU HAD ONE, TWO, THREE, FOUR
FIVE PROPERTIES SIGN THE PROTEST
PETITION.
YOU WERE TO HAVE -- OUT OF THAT,
THAT'S BASICALLY IF YOU LOOK AT
ALL THE PROPERTIES THAT COULD
HAVE SIGNED THIS PARTICULAR
PROTEST PETITION, EXCEPT FOR THE
VA HOSPITAL, THEY COULD ASSIGN
AS WELL.
I THINK THAT'LL PROBABLY, YOU
KNOW, TOOK AN ACT OF CONGRESS,
BUT THEY WERE WELL IN ADVANCE OF
THE 5% BY GETTING ALL THE OTHER
PROPERTY OWNERS THAT BASICALLY
ABUT OR ARE WITHIN THAT 100-FOOT
BUFFER TO SIGN.
>> THANK YOU.
MR. MAYOR, MAY I QUESTION
MR. BOXWELL?
>> ABSOLUTELY.
>> MR. BOXWELL, PLEASE.
COME BACK.
>> YES, SIR?
>> YOU PRESENTED TO US ON PAGE
3, AND IT STATES HERE THAT DUE
TO THE NEW ACCESSIBILITY OF THE
INTERSTATE 295, AND PROXIMITY TO
FORT BRAGG AND THE VA MEDICAL
CENTER DEMANDS FOR OFFICE SPACE
IN THAT AREA COULD INCREASE.
COULD INCREASE, I'M WITH YOU ON
THAT.
THEN YOU SAY THE ANALYSIS
ASSUMES A SLIGHT INCREASE IN THE
CAPTURE RATE FOR THE RAMSEY
STREET FOR 15% FOR THE PERIOD
2010-2015 TO 16% FROM 2015 TO 20
2020.
WHERE DO YOU GET THAT ANALYSIS
FROM?
>> THE ANALYSIS THAT I'M
GETTING, SIR, THAT I QUOTED FOR
YOU IS FROM THIS ONE RIGHT HERE,
THIS IS DIRECTLY COPIED FROM
THIS.
IT'S THE RAMSEY STREET CORRIDOR
MARKET AND ECONOMIC ANALYSIS
PRESENTED TO THE CITY OF
FAYETTEVILLE PREPARED BY THE
KENLY, HORN, AND ASSOCIATES,
DATED JUNE 2012.
>> YES, SIR, AND THE FINAL
QUESTION, ARE YOU AWARE, SIR,
THAT WHAT YOU'RE ASKING OF US
MAY VERY LIKELY CONSTITUTE SPOT
ZONING?
, WERE YOU MADE AWARE OF THAT BY
THE ZONING COMMISSION OR STAFF?
>> NO, SIR.
THAT'S THE FIRST TIME I'VE HEARD
THAT TERM SINCE THIS WHOLE THING
STARTED.
>> THANK YOU.
THANK YOU, MR. MAYOR.
>> JUST TO CLARIFY ON THE ISSUE
OF SPOT ZONING.
>> YES, SIR.
>> SINCE IT DOES ABUT UP NEXT TO
THE VA, YOU SAID THE VA IS STILL
CLASSIFIED --
>> IT'S CURRENTLY ZONED
RESIDENTIAL.
IN THE PAST, OUR, THE PREVIOUS
ORDINANCE WE HAD ALLOWED
RESIDENTIAL -- ALLOWED THE USE
OF HOSPITALS AND MEDICAL
FACILITIES IN THE R6 DISTRICT
UNDER SPECIAL USE PERMITS.
IT WAS A VERY ODD THING WE HAD
IN THE OLD ORDINANCE, AND THAT'S
WHY THAT ONE WHEN IT TRANSFERRED
OVER, IT'S PROBABLY ONE WE
SHOULD WORK ON GETTING THE
PROPERTY ITSELF REZONED TO SOME
TYPE OF OFFICE USE.
>> THAT'S -- -- THAT WOULD'VE
BEEN ALLOWED SPOT ZONING -- I'M
ASSUMING THE SCHOOL FALLS UNDER
THAT TOO.
>> SCHOOLS ARE A COMPLETELY
DIFFERENT ANIMAL.
THEY ALLOW SCHOOLS IN
RESIDENTIAL AREAS.
IT DOES.
>> IT'S STILL ZONED RESIDENTIAL
SO THAT'S WHY EVERYTHING AROUND
IT IS STILL RESIDENTIAL --
>> THAT'S WHY IT APPEARS ON THE
SURFACE TO LOOK LIKE THERE IS
STUFF OTHER THAN RESIDENTIAL
THAT SURROUNDS IT, EXCEPT
THEY'RE ON THE NORTH AND EAST
SIDES.
OBVIOUSLYDENTIAL.
>> SO FOR ALL INTENTS AND
PURPOSES IT'S NOT RESIDENTIAL IT
JUST HAPPENS TO BE ZONED THAT
WAY.
>> CORRECT.
>> MR. BOXWELL.
>> I NOTICED YOUR PHOTOS, AND
THEY LOOK VERY NICE.
BUT THERE WAS NO PLAN AS WOULD
INDICATE ONE OF THE RESIDENTS
BROUGHT UP THE ISSUE OF PARKING.
>> ACTUALLY, THE PARKING WAS
PRESENTED TO THE LAST MEETING,
SIR.
AND THE PARKING IS PRESENTLY
WHERE ON THE SIDE OF KIRKLAND
WHERE RESIDENTS PARK RIGHT NOW
IS BASICALLY GOING TO BE
OVERLAID ON TOP OF THAT.
>> HOW MANY SPACES ARE YOU
PLANNING FOR?
>> RIGHT NOW I HAVEN'T TAKEN THE
EXACT MEASUREMENT BUT I WOULD
ANTICIPATE 6 OR 8.
I DON'T NEED ANYMORE.
PRIMARILY FOR THE SECRETARY AND
NOWADAYS THERE JUST ISN'T THAT
MANY PEOPLE THERE.
>> AND SINCE YOU ARE, AND IT
SOUNDS TO ME FROM LISTENING TO
YOU, THAT YOUR INTENT IS
STRICTLY TO USE IT FOR OFFICE.
>> I --
>> NOT FOR COMMERCIAL?
>> IS THAT CORRECT?
>> I HAVE NO CHOICE BECAUSE I
APPLIED FOR A CONDITIONAL USE
OFFICE BUILDING ONLY.
>> OKAY.
IS IS THERE A REASON YOU STILL
DID THAT WITH COMMERCIAL AND
THEN THAT?
>> THE HISTORY STARTS AT A
ZONING MEETING THREE PEOPLE CAME
TO THE MEETING THAT OBJECTED OF
WHICH THE THREE PEOPLE TWO OF
THEM AFTER THE MEETING, I,
THERE'S A QUESTION OF WHAT I WAS
GOING TO DO WITH IT.
SO AFTER THE MEETING THEY
CAME -- WE TALKED IN THE HALLWAY
AFTER THEY CAME TO THE MEETING
AND AFTER DISCUSSION, AFTER I
TOLD THEM THAT IT WAS GOING TO
BE AN OFFICE IN THERE, THEY WERE
SATISFIED WITH THAT.
AS A MATTER OF FACT THERE WAS
ONE OF THEM RIGHT NEXT TO THE
PROPERTY THAT WAS SATISFIED WITH
THAT AND THEY DIDN'T SHOW UP TOO
THE NEXT MEETING.
THE NEXT MEETING THERE WAS ONLY
ONE GENTLEMAN THAT SHOWED UP,
WHICH WAS MR. ROBERT ROYAL, THE
SECOND SPEAKER THAT CAME.
AND THAT'S WHEN I WENT FROM
TRYING TO SATISFY FROM FIRST
MEETING TO THE SECOND MEETING BY
PUTTING THAT RESTRICTION ON AS
AN OFFICE ONLY ON THERE.
SO THAT'S -- THEIR FEARS OF ALL
THIS, OF TOBACCO USE OR
RETAIL -- I CAN'T DO THAT IF
IT'S ZONED AS CONDITIONAL OFFICE
SPACE ONLY.
>> AND THEN JUST A LAST QUESTION
FOR YOU BECAUSE I WAS ASKING YOU
WHAT YOU WERE DOING BUT YOU
MENTIONED THAT PEOPLE HARDLY
EVER GO TO THE OFFICE.
SO I'M CURIOUS WHY YOU WILL TO
SPEND THE KIND OF MONEY IT WOULD
TAKE TO UPGRADE THIS, PLUS GOING
THROUGH THE PROCESS IF NO ONE'S
GOING TO USE THE OFFICE.
>> NOW, THAT'S, I WOULDN'T SAY
NO ONE'S GOING TO USE THE
OFFICE.
THAT'S NOT AN ACCURATE STATEMENT
NOT VERY MANY PEOPLE ARE GOING
TO OCCUPY IT WOULD BE A FAR MORE
ACCURATE STATEMENT.
IT'S JUST NOWADAYS WITH REAL
ESTATE AGENTS WITH THE
TECHNOLOGIES THAT WE HAVE, ALL
OF OUR DOCUMENTS ARE DIGITIZED.
WE DO -- WE SELL PROPERTIES NOW
IN EUROPE AS EASE EASILY AS WE
SELL PROPERTIES IN FAYETTEVILLE
BECAUSE EVERYTHING'S
ELECTRONICALLY SIGNED.
WE HAVE ANOTHER PROGRAM THAT ALL
OF OUR DOCUMENTS WE KEEP TRACK
OF AND SO FORTH WE COMMUNICATE.
PROPERTIES ARE BOUGHT AND SOLD
VIRTUALLY, LITERALLY, NOT ON A
PHYSICAL SIDE BRICK AND MORTAR
TYPE ANYMORE.
>> ALL RIGHT, THEN THE OTHER
QUESTION IS HOW LONG AGO DID YOU
PURCHASE THIS PROPERTY?
>>> THAT PROPERTY ON YOUR TAX
RECORDS WAS 1996.
>> GO BACK TO 1996?
>> YES, SIR.
THIS IS NOT A QUICK FLIP
TURNAROUND INSTANCE.
YES, SIR.
>> MS. DAVY.
>> YES, I HAD A COUPLE OF
QUESTIONS FOR MR. BOXWELL.
I KNOW YOU DON'T HAVE A DESIGN
YET OF HOW YOUR OFFICE SPACE
WOULD LOOK, BUT DO YOU HAVE AN
ESTIMATE LIKE AN APPROXIMATE HOW
MANY OFFICES YOU WANT TO HAVE
WITHIN THAT BUILDING FOR AGENTS?
>> RIGHT NOW, THE LOCATION
CONSISTS OF A BATH AND A HALF,
THREE BEDROOMS, A FORMAL DINING
ROOM, AND THEN A LIVING ROOM.
I WAS GOING TO CONVERT THE
FORMAL DINING ROOM INTO A
CONFERENCE ROOM, THE LIVING ROOM
AS A RECEPTIONIST AREA, AND THE
THREE BEDROOMS AS OFFICES.
>> OKAY.
OKAY.
AND JUST I KNOW A LOT OF
COUNCILMEMBERS KEEP ON BRINGING
UP THE POINT ABOUT HOW MUCH
TRAFFIC WILL ACTUALLY GO.
I KNOW YOU SAID THAT A LOT OF
THE REAL ESTATE IS MOVING TO
MORE OF A VIRTUAL STANCE, BUT I
GUESS IF I IF YOU CAN KIND OF GN
EXAMPLE OF WHAT YOU DID ON
QUMBERLAND ROAD, HOW MUCH
TRAFFIC IS GOING INTO THAT
FACILITY THAT YOU HAVE?
>> ON CUMBERLAND ROAD, WE HAVE
SEVEN REAL ESTATE AGENTS.
AND TO SAY IF I WAS TO COMPRESS
THE MINUTES TOGETHER
APPROXIMATELY, OUT OF THE 7
AGENTS IF I WAS TO COMPRESS ALL
THE MINUTES OF ALL THE AGENTS
ALL TOGETHER OF ACTUALLY
OCCUPYING THE OFFICE I WOULD SAY
PROBABLY LESS THAN THREE HOURS A
WEEK OUT OF THE SEVEN AGENTS.
THE DAYS OF SITTING AROUND BY
THE COFFEE POT, TALKING ABOUT,
IT JUST DOESN'T HAPPEN.
>> OKAY, ALL RIGHT, THANK YOU.
I HAD A QUESTION FOR MR. HARMON.
THANK YOU.
CAN YOU EXPLAIN TO US AGAIN THE
DEFINITION OF ZONING FOR OFFICE
SPACE LIKE WHAT THAT INCLUDES
WITH THE NEW, WITH THE UPDATED
UDO?
>> WELL, IN THIS CASE, THEY ARE
ASKING FOR CONDITIONAL, SO HE'S
ABLE TO, YOU KNOW, CONDITION
DOWN TO JUST THE OFFICE SPACE.
IF HE HAD ASKED FOR TO BE PART
OF THE O&I DISTRICT, OR OFFICE
AND INSTITUTIONAL, THAT DOES
ALLOW FOR A FEW THINGS OTHER
THAN JUST STRAIGHT OFFICE.
THERE ARE SOME RETAIL USES THAT
CAN BE DONE IN THAT DISTRICT.
SO WHAT HE IS DOING IS LOOKING
TO DO, JUST BE APPROVED FOR
OFFICE.
NOW, ONE THING YOU CAN SEE AND
IT KIND OF, I GUESS, SOME OF THE
QUESTIONS THAT CAME UP A WHILE
AGO ABOUT PARKING, YOU CAN SEE
BY THIS PROPERTY, IT KIND OF
COMES TO THE POINT HERE OF
RAMSEY STREET, NO MATTER WHETHER
THE APPLICANT, YOU KNOW, -- THE
HOUSE DOES FACE RAMSEY STREET.
THIS IS TRUE.
ALL THE TRAFFIC THAT'LL BE
GENERATED FROM THIS WILL EITHER
HAVE TO USE COCHRAN OR KIRKLAND
DRIVE.
ONE OF THE TWO.
THAT'S THE ONLY WAY -- HIS
PARKING WOULD HAVE TO BE
SOMEWHERE HERE ON THE SIDE OR IN
BACK OF THE PROPERTY.
THERE'S NO AREA TO THE FRONT OF
THE PROPERTY WHERE THAT COULD
EVEN BE A POSSIBILITY.
>> YEAH I AM FAMILIAR WITH THE
AREA.
AND WHERE WE JUST DESIGNATED THE
MYRTLE HILL, MYRTLE LANE AREA.
OKAY.
THANK YOU.
>> MR. BATES.
>> MR. BOXWELL.
GETTING EXERCISE TONIGHT, HUH?
>> YES, SIR.
>> WHEN YOU SELL A HOUSE, WHEN
YOU SELL A HOUSE, WHEN YOU CLOSE
YOU DO ALL THE PAPERWORK AT THE
OFFICE OR AT THE LAWYER'S
OFFICE.
>> NO, I HAVE NEVER DONE A
CLOSING AT OUR OFFICE.
>> THANK YOU, SIR.
>> OKAY.
ANY ADDITIONAL QUESTIONS?
>> JUST FOR CLARIFICATION
BECAUSE WE HAVE HAD LOT OF TALKS
ABOUT THIS RESTRICTIVE USE,
WOULD THAT BE INTO PERPETUITY,
IN OTHER WORDS IF IT CHANGES
HANDS, WOULD IT GO WITH THE
PROPERTY?
>> IT WOULD RUN WITH THE
PROPERTY UNTIL SOMEONE CAME BACK
IN FRONT OF THE ZONING
COMMISSION, VIT IS IS -- CITY
COUNCIL TO HAVE THAT PROPERTY
REZONED.
>> OKAY.
ANYTHING ELSE?
>> MS. DAVY?
VOTING?
OR ARE THERE QUESTIONS?
ALL RIGHT, MS. DAVY GO AHEAD.
SORRY.
>> I WOULD LIKE TO MAKE A MOTION
TO GO WITH THE RECOMMENDATION OF
STAFF.
-- DENIAL OF THE REZONING
REQUEST.
>> I HAVE A MOTION TO GO WITH
DENIAL OF THE REZONING REQUEST.
IS THERE A SECOND TO MS. DAVY'S
MOTION.
>> SECOND.
>> THANK YOU, MR.-- WHO DID THAT
ONE?
MR. BATES.
OKAY.
ANY DISCUSSION ON THE MOTION?
>> YES, SIR.
WELL, A QUESTION.
JUST TO MAKE SURE I'M CLEAR, SO
IT TAKES EIGHT TO PASS THIS
MOTION, CORRECT?
>> I THINK IT WOULD TAKE EIGHT
TO REZONE THE PROPERTY.
>> OKAY SO FOR THIS DENIAL TO
PASS --
>> IS THAT CORRECT?
IT WOULD TAKE EIGHT TO REZONE
THE PROPERTY.
THAT'S WHERE THE EIGHT WOULD
COME INTO PLAY, SO.
>> [INAUDIBLE]
>> THAT'S CORRECT.
IF EVERYBODY CLEAR ON THAT
BEFORE WE VOTE?
OKAY.
THE MOTION WAS TO DENY THE
REZONING REQUEST.
LET ME ASK FOR YOUR VOTE ON THAT
MOTION, PLEASE.
THAT'S UNANIMOUS.
THANK YOU, COUNCIL.
OKAY, WE'LL MOVE NOW TO ITEM 7.2
R12-55-F.
NEXT CASE WE HAVE BEFORE YOU
TONIGHT, MR. MAYOR, IS P12-55F,
REQUEST FOR SPECIAL USE PERMIT
TO CONSTRUCT A CHILD CARE
FACILITY.
THE PROPERTY IS LOCATED ON THE
NORTHWEST SIDE OF LAKEWOOD DRIVE
ACROSS FROM MEADOWMONT LANE AND
IT'S PART OF A 48-ACRE TRACT.
JUST TO GET YOUR BEARINGS, WE
GOT GATES FOR COMMUNITY HERE TO
THE NORTH.
WE'VE GOT, IF YOU'RE FAMILIAR
WITH LAKEWOOD DRIVE THE NEW
HARRIS TEETER BEING BUILT OUT IN
THE COUNTY'S JURISDICTION RIGHT
HERE.
WE KIND OF HAVE A LITTLE WEDGE
RIGHT IN THIS AREA HERE THAT IS
IN THE CITY'S JURISDICTION, AND
EVERYTHING ELSE KIND OF AROUND
IT IS IN THE COUNT COUNTY'S
JURISDICTION STILL.
SO THIS PROJECT ITSELF IS BEING
LOCATED RIGHT ABOUT HERE.
IT'LL BE AT THE -- ACROSS THE
INTERSECTION FROM THE HARRIS
TEETER PROJECT.
THE ROADS WOULD LINE UP.
IT WOULD BE AT A STOPLIGHT
THERE.
THERE ARE PLANS FOR RESIDENTIAL
DEVELOPMENT ALREADY AROUND THIS
PARTICULAR SITE.
AND WE'LL SEE A SITE PLAN OF IT
HERE IN JUST A MOMENT BUT WE ARE
LOOKING AT THIS AREA HERE FOR
DAY CARE AND POSSIBLY IN THE
FUTURE YOU'LL SEE ON THE SITE
PLAN, THEN MAYBE COMING BACK FOR
SOME OFFICE USE AS WELL BUT BUT
THEIR THING TONIGHT IS GETTING A
SPECIAL USE PERMIT FOR THE CHILD
CARE.
THAT'S THEIR BIG ISSUE AT THE
MOMENT.
CURRENTLY IT IS UNDEVELOPED
PROPERTY.
A LOT OF LOW DENSITY RESIDENTIAL
AROUND IT.
THE SCHOOL DOWN HERE TO THE
SOUTH, AGAIN, THIS IS THE
DEVELOPING AREA OF THE HARRIS
TEETER.
I THINK THERE'S ALSO GOING TO BE
SOME MULTIFAMILY IN THAT
DEVELOPMENT AS WELL.
LAND USE PLAN DOES CALL FOR
LOW-DENSITY RESIDENTIAL
THROUGHOUT THIS AREA.
AND THIS IS A COPY OF THE SITE
PLAN OF WHAT THEY'RE PROPOSING.
AGAIN, THIS WOULD BE THE
ENTRANCE TO THE HARRIS TEETER
DEVELOPMENT HERE.
YOU'RE ACTUALLY -- THIS WOULD BE
SOUTH, THIS WOULD BE NORTH ON
THIS.
THIS WOULD BE LAKEWOOD RIGHT
HERE, I'M SORRY.
THIS BUILDING HERE WOULD BE THE
DAY CARE FACILITY THEY'RE
LOOKING TO DO.
IT WOULD HOUSE ABOUT 100
CHILDREN.
PLAYFIELDS AND THE LIKE IN THE
BACK HERE ALL UP TO THE STATE
AND CITY CODES OF WHAT THEY
WOULD HAVE TO DO WITH THAT.
SOME AREA TO COME IN AND TURN
AROUND AND DROP-OFF AREAS FOR
THE KIDS AS WELL.
WHAT THEY'VE SUBMITTED SO FAR
MEETS THE CITY STANDARDS FOR DAY
CARES.
THEY ARE ON AN ARTERIAL LAKEWOOD
AND THEY DO MEET DISTANCE
REQUIREMENTS AND THINGS OF THAT
NATURE AS WELL.
YOU CAN SEE THE BUFFERING THAT
THEY PLAN TO PUT IN HERE AROUND
THE PROJECT TO SEPARATE IT FROM
THE PROPOSED RESIDENTIAL THAT IS
IN BACK AND TO THE SIDES OF THIS
PROPERTY.
THE ZONING COMMISSION AND STAFF
HAD BOTH RECOMMENDED APPROVAL OF
THE SPECIAL USE PERMIT BASED ON
THE PROPERTY BEING A PROPER SIZE
AND LOCATION FOR A DAY CARE
CENTER.
LAKEWOOD BEING A MINORTHER OFARE
WHICH IS REQUIRED IN OUR
ORDINANCE.
PROPERTY IS LOCATED ACROSS THE
STREET FROM NEW COMMERCIAL
CENTER.
AND IT MEETS THE CITY'S USE
SPECIFIC REQUIREMENTS FOR A DAY
CARE, WHICH ARE IN YOUR PACKET
AS WELL, AS, AND AS A REMINDER
IT IS A SPECIAL USE PERMIT, SO
YOU DO HAVE THE EIGHT FINDINGS
OF FACT THAT WOULD GO ALONG WITH
AN APPROVAL ON THAT.
ARE THERE ANY QUESTIONS OF STAFF
BEFORE WE OPEN YOUR PUBLIC
HEARING?
>> YES, SIR, WE HAVE A FEW,
MS. HAIRE, MR. APPLEWHITE,
MR. BATES.
>> YES, SIR, KEEP IT RIGHT
THERE.
WHEN I LOOK AT PLAYGROUNDS THERE
IN PROXIMITY TO THE RETENTION
POND, THAT SCARES ME TO DEATH.
>> WELL, THEY'LL HAVE TO HAVE IT
ALL FENCED OFF.
>> TALK TO ME ABOUT WHAT THE
REQUIREMENTS OF THAT FENCE --
AROUND THAT -- WHAT DOES THAT
LOOK LIKE SO CLOUSE TO KIDS OUT
PLAYING IN THE YARD.
>> I KNOW THAT THEY'LL HAVE
BOTH, YOU KNOW, FENCING AROUND
ATHE PLAY AREA ITSELF AND THE
POND.
I AM NOT SURE OF THE EXACT
REQUIREMENTS FOR THE FENCING
AROUND THE POND.
THAT'S HANDLED THROUGH OUR
ENGINEERING DEPARTMENT AND THEY
HAVE STANDARDS FOR IT.
>> ALL RIGHT, HERE, LET ME,
PERHAPS MR. SHUFORD CAN SPEAK TO
THAT.
BECAUSE THAT SCARES ME.
SIR?
>> I JUST WAITED UNTIL YOU
STEPPED OUT TO ASK A QUESTION.
>> I DON'T KNOW IF IT'S AN
ENGINEERING ISSUE BUT YOU KNOW
WHAT ENGINEERING REQUIRES AS FAR
AS FENCING AROUND A RETENTION
POND BEING THAT CLOSE TO A PLAY
AREA?
>> A LOT OF THAT WILL DEPEND
UPON WHAT THE SLOPE OF THE POND
IS.
BEYOND A CERTAIN SLOPE THEY ARE
REQUIRED TO FENCE IT, AND IT
DEPENDS -- I CAN'T TELL YOU
WHETHER THAT PARTICULAR POND
WOULD HAVE TO BE FENCED BUT
TYPICALLY THEY ARE.
>> SO AFTER PERHAPS WE ASK ALL
THE QUESTIONS, MAYBE THE
APPLICANT OR SOMEBODY CAN TALK
BECAUSE THAT'S GOING TO BE A BIG
PROBLEM FOR ME TO BE ABLE TO
ADDRESS THAT TONIGHT.
PLANS AFTER APPLICANTS SPEAK
THEY CAN TALK TO US ABOUT THAT.
>> AND I SUSPECT ANY APPLICANT
WILL SAY ANY PLAY AREA
ASSOCIATED WITH A CHILD DAY CARE
IS GOING TO BE FENCED.
>> RIGHT BUT I WANT TO KNOW A
LITTLE BIT ABOUT THAT FENCE.
>> YES, MA'AM.
>> KIDS LIKE TO GET OVER FENCES.
THANK YOU.
>> MR. HAIRE?
>> YES, SIR.
MR. HARMON, HOW WIDE IS THE
BUFFERING?
>> I BELIEVE THIS IS A 15-FOOT
BUFFER WITH AN OPAQUE FENCE AS
WELL OUT THERE IN BETWEEN THE
RISDENTIAL AND THAT AREA.
>> GOING ON SORT OF FOLLOWING
COUNCILMEMBER APPLEWHITE, WHO'S
GOING TO BE RESPONSIBLE FOR
MAINTAINING THE POND?
>> THAT'S ON THE OWNERS OF THE
PROPERTY TYPICALLY ARE REQUIRED
TO MAINTAIN THOSE.
ARE THERE GOING TO BE ANY
REQUIREMENTS DICTATED TO THEM?
THE REASON I SAY THAT IS WE HAVE
RETENTION PONDS ALL OVER THE
CITY.
>> YOU'RE SPEAKING OF THE OLDER
RETENTION PONDS THAT WE HAVE
AROUND TOWN THAT THE CITY'S HAD
TO GO IN AND --
>> THEY'RE TERRIBLE.
>> YES.
>> WELL, THIS WILL ALL HAVE TO
MEET THE NEW STORMWATER
ORDINANCE THAT WAS PASSED BY
COUNCIL BACK IN 2009 WHICH AS
YOU KNOW PUT A LOT OF NEW
STANDARDS ON THOSE RETENTION
PONDS AND HOW THEY'RE
MAINTAINED, WHO MAINTAINS THEM,
HOW THEIR BUILT AND THE WORKS SO
THEY'LL HAVE TO MEET ALL THOSE
REQUIREMENTS.
>> AND ALSO, THE ONES THAT I'VE
SEEN, SO I'M TRYING TO SEE IF
THIS IS GOING TO BE DIFFERENT
BECAUSE THERE'S SOME NEW
PROCEDURES AND NEW LAWS THAT
HAVE BEEN PUT IN.
WHAT ABOUT THE STANDING WATER?
I KNOW THAT IT'S A FILTERING
SYSTEM.
ESPECIALLY DOING -- DURING THE
SUMMER MONTHS AND WE'VE GOT THE
KIDS THAT ARE GOING TO BE
PLAYING RIGHT ABUT.
>> THEY HAVEN'T GOTTEN TO THE
POINT IN -- THEY HAVE NOT
OFFICIALLY SUBMITTED ANYTHING TO
OUR TECHNICAL REVIEW COMMITTEE.
AND SO THE TYPE OF POND I'M NOT
SURE EXACTLY.
AS YOU KNOW, THERE'S SOME PONDS
THAT, THAT ARE DESIGNED TO HOLD
WATER.
THERE ARE SOME THAT ARE DESIGNED
TO KEEP THE WATER IN, YOU KNOW,
TO JUST HOLD IT FOR A SHORT
AMOUNT OF TIME BEFORE IT
RELEASES.
I'M NOT SURE WHAT TYPE OF POND
THEY'RE PROPOSING.
THE APPLICANT MAY BE ABLE TO
TELL YOU THAT.
BUT I CAN ALSO SAY THE CITY
STAFF HAS NOT REVIEWED THE POND
OR ANYTHING LIKE THAT AS
CURRENTLY.
>> AND YOUR NOTE, IN YOUR -- AND
IN THE MEETING, WHEN THEY CAME
AND MADE THE PROPOSAL,.
>> MM-HMM.
>> DID ANYONE FROM STAFF
QUESTION THE POND AND, YOU KNOW,
THE CONDITION, THINGS, THESE
KIND OF QUESTIONS OF COURSE AND
WITH IT BEING SO CLOSE TO THE
PLAY AREA, DID THAT COME UP?
>> TYPICALLY -- WELL, THE POND
DESIGN CAME UP.
TYPICALLY WHAT HAPPENS IN A
MEETING LIKE THAT IS WE MAKE
THEM AWARE THEY WILL HAVE TO GO
TO THE CITY'S ENGINEERING
DEPARTMENT.
THERE IS A MANUAL FOR ALL THE
PROCEDURES THEY WILL HAVE TO
MEET, ALL THE STANDARDS, AND IN
A MEETING LIKE THAT, THAT'S
USUALLY ABOUT AS FAR AS IT GOES.
THERE'S NOT USUALLY DETAILS AS
FAR AS HOW IT WILL BE DESIGNED
AT THAT POINT.
NOW ONCE THEY COME BACK AND
OFFICIALLY SUBMIT SOMETHING TO
THE TRC, THEN WE WOULD GET INTO
THE MEET OF EVERYTHING THAT
WOULD BE ALLOWED ON IT AND WHAT
THEY COULD OR COULDN'T DO.
>> ALL RIGHT, THANK YOU.
>> MR. BATES.
>> MR. HARMON, ARE THEY -- IS
THIS THE REQUEST TO REZONE THE
FULL 48.6 ACRES.
>> NO, SIR, THIS IS JUST A
SPECIAL USE PERMIT, JUST FOR A
DAY CARE USE ON THIS PARTICULAR
PART OF THAT 48 ACRES RIGHT
THERE.
>> I WAS TRYING TO FIND THAT ON
THERE.
I HAD SEEN WHERE IT IS A PORTION
OF BUT I COULDN'T FIND THE
PORTION PART OF IT.
THANK YOU.
>> THIS IS THE PORTION.
>> MR. FOWLER?
>> YES, SIR, MR. HARMON, SINCE
THERE SEEMS TO BE A LOT OF
DISCUSSION ABOUT THE RETENTION
POND, IS THERE BASED OFF THE
SERVICE AREA OF THE PARKING AND
ALL THAT, COULD THE, COULD THE
NECESSITY FOR A RETENTION POND
DISAPPEAR IF THAT WERE A
PERMEABLE SERVICE?
>> THERE ARE A LOT OF DIFFERENT
OPTIONS AT THIS POINT BECAUSE
LIKE --
>> I WAS JUST CURIOUS.
>> LIKE I SAID A MOMENT AGO,
THEY HAVEN'T OFFICIALLY
SUBMITTED ANYTHING AS FAR AS
THAT GOES.
THERE ARE A LOT OF DIFFERENT
OPTIONS AS A LOT OF YOU KNOW,
THE STATE REDID THEIR
REQUIREMENTS OR STANDARDS FOR
DETENTION DEVICES HERE ABOUT A
YEAR AGO, AND SO WE INCORPORATE
WHAT THEY NOW ALLOW THROUGH THE
STATE, AND SO THERE ARE
DIFFERENT PERM YABL SERVICES AND
THINGS OF THAT NATURE THAT CAN
BE USED ON THE SITE TO CUT DOWN
THE NEED OR REQUIREMENT FOR A
RETENTION POND.
>> MIGHT ACTUALLY GET MORE
USABLE SERVICE, SO OKAY, THANK
YOU.
>> MR. ARP.
>> MR. HARMON, THANK YOU FOR
YOUR PRESENTATION.
IS THE CITY INVOLVED IN
LICENSURE OF DAY CARES AS ALL?
>> AS FAR -- WE'RE INVOLVED ONLY
A VERY SMALL PORTION.
WE OBVIOUSLY APPROVE THE SITE
FOR THE DAY CARE, THE STATE
ACTUALLY THOUGH GOES IN AND
APRIEWIVEDZ THE LAYOUT OF THE
DAY CARE, THE INTERIOR.
THEY ALSO HAD TO GET A BUSINESS
LICENSE OBVIOUSLY THROUGH THE
CITY.
>> JUST FOR CLARIFICATION IF I'M
NOT WRONG, THE STATE ALSO HAS TO
APPROVE THE LAY AREAS.
>> THEY DO.
THEY HAVE TO GO OUT -- THE
INTERIOR AND PLAY AREAS AND
THAT'S KIND OF A COMBINATION THE
STATE HAS STANDARDS, WE INSPECT
THEM AS WELL.
THEY HAVE TO MEET OUR STANDARDS.
>> WHO ACTUALLY ISSUES THE CHILD
CARE FACILITY LICENSE?
>> THE STATE OF NORTH CAROLINA.
>> THE STATE OF NORTH CAROLINA.
IF THE STATE OF NORTH CAROLINA
DECIDED TO NOT ISSUE A LICENSE,
WHAT WOULD HAPPEN TO THIS PIECE
OF PROPERTY AS IT WOULD BE ZONED
IN OUR SPECIAL USE PERMIT?
>> WELL, SPECIAL USE PERMIT RUNS
WITH THE PROPERTY SO THEY COULD
STILL -- UNLESS YOU PUT A TIME
LIMIT ON IT.
>> MY QUESTION IS IF THE SPECIAL
USE PERMIT IS FOR A DAY CARE
FACILITY IN THE STATE OF NORTH
CAROLINA REJECTED THEIR LICENSE
APPLICATION --
>> YOU COULD STILL BUILD
SOMETHING ELSE ON THE PROPERTY,
IT WOULDN'T -- THAT WOULD NOT
HOLD THEM ONLY TO A DAY CARE.
A SPECIAL USE PERMIT JUST GIVES
YOU -- YOU'VE GOT YOUR BASE
LAYER OF ZONING, WHICH ALLOWS,
YOU KNOW, A CERTAIN LEVEL OF
WHAT YOU CAN DO AND THEN THE
SPECIAL USE PERMIT GIVES --
GRANTS YOU THE AUTHORITY TO DO
SOMETHING A LITTLE ABOVE AND
BEYOND WHAT WAS THERE TO BEGIN
WITH.
SO THEY COULD COME BACK IN UNDER
THE CURRENT ZONING AND DO
WHATEVER IS ALLOWED IN THAT
DISTRICT.
>> WHAT THINGS WOULD THAT ALLOW?
>>> I BELIEVE THAT THAT'S --
CURRENTLY IT'S A RESIDENTIAL
DISTRICT.
IT WOULD ALLOW SINGLE-FAMILY
RESIDENTIAL.
>> SO THEY COULD GO BACK TO
RESIDENTIAL ZONING.
>> YES, WELL, THEY WOULD STILL
HAVE RESIDENTIAL ZONING AS AN
UNDERLYING ZONE.
THE SPECIAL USE PERMIT WOULD
ALLOW A DAY CARE TO GO ON THE
PROPERTY.
IF THEYDDIDN'T DO THE DAY CARE,
IT GOT DENIED FOR IT, THEY COULD
STILL DO RESIDENTIAL DEVELOPMENT
ON IT.
>> OKAY, BUT MY QUESTION IS IF
THE STATE DENIED THEIR LICENSURE
APPLICATION, THEY FAILED TO MEET
THE SAFETY REQUIREMENTS FOR THE
RETENTION POND AND THE STATE
DIDN'T GIVE THEM A LICENSE, WHAT
WOULD HAPPEN AT THAT POINT?
>> AT THAT POINT, LIKE I SAID,
THE SPECIAL USE PERMIT WOULD
REMAIN VALID ON THE PROPERTY,
BUT THEY OBVIOUSLY WOULD NOT BE
ABLE TO OPEN A DAY CARE BECAUSE
THE STATE WON'T ALLOW A LICENSE.
SO AT THAT POINT THEY COULD GO
BACK AND PUT IN SOME TYPE OF
RESIDENTIAL DEVELOPMENT
SINGLE-FAMILY ON THE PROPERTY.
>> OKAY.
THANK YOU, MR. HARMON.
>> ANY OTHER QUESTIONS AT THIS
POINT BEFORE THE PUBLIC HEARING?
OKAY, MADAM CLERK, AND THESE ARE
QUASI-JUDICIAL SO WE'LL ASK
EVERYONE TO BE SWORN IN, PLEASE.
>> MAYOR, WE HAVE TWO SPEAKERS.
THE THE FIRST ONE IS MR. VINCENT
ADALLY.
>> THEY ALL NEED TO COME AND BE
SWORN.
72.
>> AND THE SECOND SPEAKER IS
MR. MAT KIRKPATRICK.
>> DO YOU SOLEMNLY SWEAR TO TELL
THE TRUTH, THE WHOLE TRUTH, AND
NOTHING BUT THE TRUTH SO HELP
YOU GOD?
>> OUR FIRST SPEAKER IS
MR. VINCENT ADALLY SPEAKING IN
OPPOSITION.
>> GOOD EVENING, LADIES AND
GENTLEMEN.
I STRONGLY OPPOSE ANY TYPE OF A
SPECIAL USE FOR THIS AREA.
MY NAME IS VINCENT ADDERLY, AND
I LIVE ADD 2935 SPRING MILES
LANE.
MY WIFE AND MYSELF HAVE BEEN
THERE RESIDENTS SINCE 2006.
AND WE ARE IN TRADE MOOR MANOR
WHICH IS RIGHT ACROSS THE STREET
FROM THIS AREA IN QUESTION.
AND MY MAIN CONCERN IS, IS AS
ONE GENTLEMAN MENTIONED EARLIER
ABOUT THE PROPOSED USE OF THE
YARE AREA.
WE ARE TALKING ABOUT A DAY CARE.
WHO IS SAYING YOU CAN'T COME
BACK LATER AND REQUEST SOMETHING
ELSE?
NOW DOWN ON THE CORNER AWAY FROM
WHERE I LIVE THE AREA WE SPOKE
OF EARLIER HARRIS TEETER.
56 ACRES WAS ORIGINALLY SUPPOSED
TO BE AN EXTENSION OF MY
NEIGHBORHOOD BUT NOW IT'S ALL
MIXED USE.
GOT ALL KIND OF STUFF GOING ON
DOWN THERE AND I DON'T WANT THE
SAME THING TO HAPPEN IN THIS
CASE.
IT'S THE SAME GENTLEMAN INVOLVED
IN THAT DEVELOPMENT.
YOU TALK ABOUT THE BARRIER,
BUFFER BARRIER, WELL HE SAID HE
IS GOING TO PUT ONE IN FOR OUR
SUBDIVISION.
IT'S NOT IN YET.
YOU KNOW, HE SAID THERE WOULD BE
NO HARM CAUSED TO OUR
SUBDIVISION.
WHICH IF YOU GO ASK SOME OF
THOSE HOMEOWNERS TRYING TO SELL
HOMES THEY HAD PROBLEMS DOING IT
BECAUSE HE HAS NOT PUT UP THE
BARRIER THAT HE PROMISED.
AND I UNDERSTAND THAT HE HAS A
CERTAIN AMOUNT OF TIME DO -- TO
DO THAT BUT IF HE IN FACT HAD
RESPECT FOR OUR NEIGHBORHOOD AND
GOOD FAITH, THAT'S THE FIRST
THING HE WOULD PUT UP IS PUTTING
UP A BARRIER TO SEPARATE THE
NEIGHBORHOOD FROM ONGOING
DEVELOPMENT.
RIGHT NOW YOU HAVE HARRIS TEETER
DOWN, IT'S GREAT, BUT THE OTHER
AREAS IS BARE, YOU KNOW.
ALL YOU GET IS DUST AND RODENTS
COMING BACK OVER IN THE
NEIGHBORHOOD.
SO I STRONGLY OPPOSE ANYTHING
THAT'S GOING TO, OTHER THAN
SINGLE FAMILY DWELLINGS, LIKE
IT'S CURRENTLY ZONED, WOULD NEED
TO KEEP IT THAT WAY.
YOU KNOW, IF YOU HAD FOLKS THAT
INVEST IN HOMES WITH A CERTAIN
EXPECTATION.
AND WHEN YOU BUY YOUR HOME YOU
THINK OKAY, MY NEIGHBORHOOD IS
GOING TO BE THIS WAY OR THE
SURROUNDING AREAS, AND THAT'S
WHAT I WANT TO KEEP.
SO I STRONGLY OPPOSE IT.
SINCE 2007, YOU KNOW, WE'VE BEEN
IN MY NEIGHBORS AND I HAVE WE
HAVE BEEN IN DIFFERENT PLANNING
REZONING BORES BEGINNING WITH
CUMBERLAND COUNTY AND A COUPLE
OF YEARS AGO WE WERE DOWN WITH
HOPE MILLS BECAUSE THEY ANNEXED
THAT AREA, HARRIS TEETER AREA
AND NOW WE ARE HERE AGAIN
TONIGHT IN ANOTHER ZONING
HEARING.
THE DEVELOPER HAS A RIGHT TO
REQUEST AND DEVELOP HOW HE SEES
FIT BUT WE AS CITIZENS, OWNERS,
WE HAVE RIGHTS TOO.
WE HAVE TO EXERCISE THAT RIGHTS,
THOSE RIGHTS THROUGH YOU GUYS TO
SPEAK FOR US.
AND THUS FAR WE HAVEN'T GOTTEN
MUCH, NOT AT ALL.
SO I APPEAL TO YOU TONIGHT TO
REALLY PEEL BACK THE ONION ON
THIS BECAUSE THE GUY WHO SAYS HE
IS GOING TO DO ALL THESE GREAT
AND WONDERFUL THINGS BUT DOWN
THE ROAD IT'S NOT GOING TO GET
DONE.
SO AGAIN, LET'S NOT JUST LOOK AT
MONEY AND WHAT WE THINK IS BEST
FOR THE SIT AAND THE COUNTY.
YOU HAVE GOT TO LOOK AT THOSE
FOLKS WHO ARE PERSONALLY
INVOLVED WHO, WHO'VE INVESTED IN
HOMES IN THESE AREAS.
WE HAVE A LOT TO LOSE IF WE
DON'T MAINTAIN THE AREAS IN THE
NEIGHBORHOODS LIKE WE EXPECT
THEM TO BE, SO THANK YOU FOR
YOUR TIME.
>> THANK YOU, SIR.
THANK YOU FOR COMING.
>> MAYOR, OUR NEXT SPEAKER IS
MR. MATT KIRKPATRICK.
>> GOOD EVENING.
MAYOR, LADIES AND GENTLEMEN OF
THE COUNCIL.
I'M MATT KIRKPATRICK, I'M THE
APPLICANT AND DEVELOPER OF THIS
USE.
SOME NOTEWORTHY INFORMATION
ABOUT THE PROPERTY AND THE
FACILITY.
IT'S ABOUT 10,800 SQUARE FEET
WOULD BE THE DAY CARE CENTER
ITSELF.
IT INCLUDES ABOUT 8,000, 7 TO
8,000 SQUARE FEET OF OUTSIDE
PLAY AREA.
THIS IS A FORMATTED CENTER THAT
THERE ARE 68 I THINK IN SIX
STATES NOW.
IT'S A VERY HIGH CREDIT USE.
I RR -- I'VE TOURED ABOUT FOUR
AROUND THE TRIANGLE, AND SMRN
MENTIONED EARLIER YOU KNOW, HOW
IS THE REC FIELD MAINTAINED.
IT'S FENCED, THEY'RE ACTUALLY
SEPARATED BY AGE GROUPS AND
WHERE THEY, WHERE THEY RECRATE.
THERE'S ACCESSES TIED TO THE
CLASSROOMS.
IT IS EXTREMELY SECURE AND VERY
HIGHLY REGULATED.
THERE ARE SECURITY CODES IN AND
OUT OF THE FACILITY.
IT IS A FIRST-CLASS RUN
OPERATION.
I'VE SEEN IT ALL AROUND THE
TRIANGLE.
I'VE BEEN TO OVER THEPEDE MAWBT
TO SEE SOME OF THEIR FACILITIES
BEFORE WE CAME DOWN AND TOLD
THEM WE WANTED TO BUILD
FACILITIES FOR THEM IN THIS
MARKET.
It is a very well run operation.
IT RUNS 6:00 TO 6 MONDAY THROUGH
FRIDAY.
IT'S STAFFED BY GOOD QUALITY
PEOPLE.
IT'S GOOD JOBS.
WELL RUN FACILITY.
SOMETHING YOU GUYS WOULD BE
PROUD OF, YOUR CITY.
WHERE HE WOULD -- THE
ARCHITECTURE IS A RESIDENTIAL IN
NATURE AND VERY COMPLIMENTARY TO
THE AREA.
IF I COULD HAND UP AN ELEVATION
OR TWO.
CAN I HAND THAT TO YOU, MA'AM?
AS NOTED BY THE PRESENTER, THE
PLANNER, WE WILL BE BUFFERING
WITH A SIX-FOOT PRIVACY FENCE
THAT INCLUDES ALSO A BERM, EVER
GREEN PLANTING, WHATEVER'S
REQUIRED OF THE CITY.
YOU KNOW, WE PLAN TO MAINTAIN,
AND LIKEWISE, THIS CENTER WILL
SERVE AS A PERMANENT BUFFERING
TO THE TRAFFIC THAT'S GOING TO
BE CIRCULATED DIRECTLY ACROSS
THE STREET.
THAT SHOPPING CENTER'S OPEN NOW,
AND IT'S GENERATING QUITE A BIT
OF TRAFFIC.
SO WE -- THIS, WE DID NOTE IN
OUR APPLICATION THAT THIS
FACILITY WILL SERVE AS A NICE
BUFFERING AGAINST THE
RESIDENTIAL BACK DROP THAT'S
THERE.
AS FAR AS THE RETENTION POND,
SOMEONE ASKED ABOUT THE
RETENTION POND.
IT IS A DESIGNED TO BE A
PERMANENT POND BUT DUE TO THE
PERMEABILITY OF THE SOLES HERE,
THEY REALLY RETAIN VERY LITTLE
WATER TO EVEN IN MOST ANY SEASON
BUT THE DAY -- EXCUSE ME, THE
RECREATION AREA THAT YOU SEE
OUTSIDE THE FACILITY AND THE REC
FIELD WILL BOTH BE FENCED.
IT'S A FENCE THAT GOES FROM 4 TO
6 FEET IN DIFFERENT AREAS BUT
IT'S GREEN AND CHAIN LINK AND
AGAIN THIS IS INCREDIBLY WELL
STAFFED FACILITY.
THE LIABILITY ON THESE FOLKS IS
LARGE AS YOU MIGHT IMAGINE AND
THEY'RE VERY GOOD AT WHAT THEY
DO.
WE BELIEVE WE BRING SOMETHING TO
THE AREA THAT WILL PROVE TO BE
COMPATIBILITY AND IS
ARCHITECTURALLY APPEALING.
IT'S AN AMENITY FOR THE AREA.
DAY CARE IS IN HIGH DEMAND, AND
THESE FOLKS DO A VERY GOOD JOB
OF OPERATING IT.
I DON'T KNOW WHERE THIS
GENTLEMAN LIVES IN VICINITY THAT
SPOKE BUT THERE ARE HOMES
DIRECTLY BEHIND IT, AND I KNOW
WE'VE MADE, GIVEN NOTICE TO THEM
OF THIS APPLICATION, SPECIAL USE
APPLICATION, AND WE HAVE NOT
HEARD FROM THEM AUTOALL OR THE
PEOPLE WHO LIVE DIRECTLY BEHIND
IT.
AND THERE IS PLANNED DEVELOPMENT
TO THE I BELIEVE IT'S THE WEST
AND NORTH OF THIS SITE.
BY THE GENTLEMAN THAT'S SELLING
US THIS PROPERTY AND I DON'T
KNOW THAT WHAT HE SPOKE OF IN
TERMS OF ANOTHER BUFFER.
MAYBE THAT WAS -- BUT WE'VE
NEVER DONE A PROJECT IN THIS
AREA, SO IT'S WHATEVER CONDITION
THEY WERE SPEAKING OF, IT'S NOT
RELATED TO ANY ACTIVITY THAT
WE'VE HAD AT MY COMPANY.
AND I STAND AVAILABLE FOR ANY
QUESTIONS THAT YOU MAY HAVE.
>> THANK YOU, SIR.
>> WE WILL CLOSE THE PUBLIC
HEARING AND I AM SURE WE WILL
HAVE SOME QUESTIONS.
>> MAYOR, WE HAVE NO FURTHER
SPEAKERS.
>> OKAY.
WE WILL CLOSE THE PUBLIC HEARING
AND ENTERTAIN QUESTIONS, AND
HAVE MR. HAIRE, THEN MR. CRISP.
MS. APPLEWHITE.
>> YES, SIR.
>> PLEASE STAY RIGHT WHERE YOU
ARE.
I WANT TO GO BACK TO THE
RETENTION POND QUESTIONS I WAS
ASKING.
FIRST, HOW MANY FACILITIES HAS
YOUR COMPANY BIP INVOLVED WITH
THAT PRESENTLY HAVE THEM.
>> THE PONDS THEMSELVES?
>> THE PONDS, YES, SIR.
>> THIS TENANT HAS SOME 68 TO 70
FACILITIES IN SIX STATES.
THIS WILL BE THE FIRST ONE WE
ARE BUILDING WITH THEM, BUT THEY
WILL BE RESPONSIBLE FOR -- THIS
WILL BE A PURE NET ARRANGEMENT
WITH THEM SO THE TENANT WILL BE
RESPONSIBLE FOR MAINTAINING THAT
POND.
AND IT'S REGULATED AND, I MEAN,
IT'S, THEY'VE THEY HAVE THEM ALL
OVER THE TRIANGLE.
I MEAN, WE UNDERSTAND THE
RESPONSIBILITIES.
>> SO YOUR ANSWER IS HOW MANY?
>> WE HAVE DEVELOPED NONE FOR
THEM, BUT WE DO A LOT OF SINGLE
TENANT AND MULTITENANT.
>> YEAH, AND I'M NOT TRYING TO
MAKE IT, YOU KNOW, A DIFFICULT
THING.
IT'S JUST THAT I'VE SEEN SO MANY
PONDS IN DIFFERENT LOCATIONS OF
THE CITY PRESENT THAT WE HAVE,
AND SOME ARE CLOSE TO OUR
RESIDENTIAL, YOU KNOW, IN OUR
RESIDENTIAL COMMUNITIES, AND
THEY JUST DON'T LOOK GOOD.
THEY'RE NOT WELL KEPT.
THEY'RE NOT MAINTAINED EVEN IF
THEY ARE DRY, THE OVERGROWTH,
THE TRASH, AND THAT WAS
SOMETHING THAT WAS JUST --
SOMETHING I SEE QUITE OFTEN AND
I HAVE A REALLY BIG ISSUE AND I
WANT TO MAKE SURE THAT THAT WAS
SOMETHING THAT WAS IN PLACE THAT
WE WOULD MAKE SURE THAT THAT
WOULD BE MAINTAINED EVEN THOUGH
I KNOW YOU SAID THE STATE IS THE
ONE THAT HAS COME DOWN AND
RELEASED FOR YOU TO GO FORWARD.
BUT THAT'S JUST A BIG CONCERN
FOR ME.
>> YES, SIR, NO, WE UNDERSTAND
THE MAINTENANCE RESPONSIBILITIES
YES, SIR WE MAINTAIN THEM IN ALL
THE PROPERTIES WE HAVE OR THE
TENANTS.
I LEFT A PROJECT EARLIER TODAY
WHERE THE TENANT WILL BE
MAINTAINING IT, BUT, WE
UNDERSTAND AS THEOBER OF -- THE
OWNER OF THE PROPERTY, IF THEY
DO NOT, WE DO SO IT WILL BE
MAINTAINED.
IN THIS CASE IT'S NICELY
BUFFERED, AND -- BUT NO AND IT
IS IN THE BACK OF THE FACILITY
SO I DON'T KNOW THAT'LL BE --
>> AS FAR AS THE HEIGHTH OF THAT
FENCING THAT'S GOING TO BE
AROUND THE END OF THE STYLE OF
THE FENCING, DO YOU HAVE ANY
KNOWLEDGE OF THAT?
>> IT'S USUALLY A CODED, IT'S A
LIKED A SPRAYED ALUMINUM
FENCING.
LIKE CHAIN LINK FENCING BUT IT'S
GREEN SO I.D.s CODED FOR
SAFETY REASONS SO IT DOESN'T.
EVERYTHING FROM THE TURF TO THE
MULCH IN THIS, I MEAN, IT'S A
GROUND RUBBER BASE.
IT'S SUPPOSED TO BE HYGIENIC.
THIS IS A, THE TURF ON THE FIELD
IS PERMANENT.
IT'S, IT'S CLEANED AND
MAINTAINED.
YOU KNOW, THE BIGGER THESE
COMPANIES GET, THE BETTER THEY
GET AND THE MORE LIABILITY THEY
TAKE ON.
>> I LIKE THE DIAGRAM YOU SENT
AROUND.
>> THEY ARE --
>> OKAY, SIR, WE HAVE A COUPLE
OF QUESTIONS.
MR. CRISP HAS ONE AND THEN
MS. APPLEWHITE.
>> WHILE YOU ARE COMING UP, I
SAW THE STAFF AND THE
RECOMMENDATION WAS FOR APPROVAL
OF THIS.
PUT THE FIRST SLIDE BACK ON THAT
SHOWS PROXIMITY TO THE SHOPPING
AREA, AND POINT OUT WHERE TRADE
MOOR IS WHERE THE GENTLEMAN
LIVES.
THAT DEVELOPMENT, THAT'S TRADE
MOOR, CORRECT, WHERE YOU GOT THE
AREA?
ISN'T THAT TRADE MOOR?
>> YES.
>> IT'S, IT'S NOT LABELED BUT
IT'S SOMEWHERE RIGHT ALONG IN
HERE.
>> ISN'T THAT IN THE COUNTY?
>> YES, IT'S IN THE COUNTY'S
JURISDICTION.
MM-HMM.
AND THE FACILITY WE'RE TALKING
ABOUT IS IN OTHER WORDS OF THE
ROAD -- IS ON THE OTHER SIDE OF
THE ROAD.
>> YES, NOW HERE'S MY QUESTION,
AND I HAVE TO EXERCISE -- I HAVE
GREAT CONCERN, SIR, ABOUT THIS
RETENTION POND.
LET ME TELL YOU WHY.
THERE'S A DIFFERENCE BETWEEN A
RETENTION POND AND A DAY CARE
AND OTHER PLACES.
IT ONLY TAKES A SEC, I KNOW
BECAUSE I RAISE FOUR YOUNGEN.
IT ONLY TAKES A SECOND FOR ONE
OF THEM TO GET AWAY FROM YOU.
FOR VOR HES CAN I CAVEAT IT FOR
THEM TO PUT A SIX-FOOT CHAIN
LINK FENCE AROUND THAT RETENTION
POND?
WE CAN ADD THAT IN THE SPECIAL
USE?
>> MR. CRISP, I THINK WHAT I
WOULD SAY TO YOU IS YOU MAY
ADCONDITIONS TO THE SPECIAL USE
PERMIT, WHAT I WOULD CAUTION IS
ADDING CONDITIONS THAT HAVEN'T
BEEN FULLY VETTED WITH THE
APPROPRIATE REGULATORY AGENCY SO
IN THE CASE OF A RETENTION POND,
WE MAY HAVE SOME REGULATORY
STANDARDS FOR FENCING THAT MAY
OR MAY NOT ALIGN WITH WHAT
YOU'RE SUGGESTING, AND WE WOULD
WANT TO MAKE SURE THAT WE
WOULDN'T BE COUNTERING THOSE
REQUIREMENTS BY A CONDITION IN
THE PERMIT.
>> OKAY, THEN LET ME SAY THIS
VERY POINTEDLY.
IN THE INTEREST OF PROTECTING
THOSE SMALL CHILDREN, WITHOUT
THE ABILITY TO DETERMINE WHETHER
OR NOT WE CAN COMPEL THAT
RETENTION POND TO BE FENCED, I'M
NOT PREPARED TO GO FORWARD WITH
THIS TONIGHT.
THANK YOU.
>> QUESTION TIME, I UNDERSTAND,
MS. APPLEWHITE?
>> YES, SIR, I THOUGHT YOU WERE
GOING TO ANSWER THIS QUESTION
WITH COUNCILMEMBER HAIRE'S
QUESTION, BUT IN TERMS OF DAY
CARES, HOW MANY DAY CARES THAT
THIS COMPANY REPRESENTS OR YOU
HAVE BEEN INVOLVED IN THAT HAVE
RETENTION PONDS -- I DON'T CARE
WHO CLEANS IT.
HOW MANY DAY CARES HAVE YOU BEEN
INVOLVED WITH OR EVER SEEN THAT
HAVE RETENTION PONDS ON THE
PROPERTY?
>> ALL THEIR SITES.
THIS IS RAINBOW CHILD CARE
CENTERS IS THE NAME OF THE
COMPANY.
RAINBOW CCC JUST, TO NOTE THAT.
ALL THEIR SITES IN RALEIGH HAVE.
ALL THE SITES WITH MODERN
ENGINEERING WITH STORMWATER
REGULATIONS HAS THEM AND I
NOTICE THEY ARE REAR IN THE
SITE.
BUT THEY ALL HAVE --
>> THEY ALL HAVE --
>> TREATMENT LAWS SAY WE HAVE TO
RETAIN IT, TREAT IT, RELEASE IT.
THEY'RE EITHER DISCHARGED --
TEMPORARY TREATMENT PONDS OR
PERMANENT BONDS BUT THEY ALL DO
THAT I HAVE TOURED BECAUSE THEY
ARE ALL RECENTLY BUILT
FACILITIES.
>> SO I KNOW OUR ENGINEERING
FOLKS, YOU KNOW, SAID IT DEPENDS
ON HOW THE TOPOGRAPHY AND OTHER
THINGS ARE WITH THE LAND SO
WOULD I BE RIGHT IN SAYING
WITHOUT A RETENTION POND ON THIS
PROPERTY, YOU COULD NOT BUILD.
YOU ABSOLUTELY NEED A RETENTION
POND OR AM I SAYING IT THE RIGHT
WAY?
COULD YOU BUILD IT ANOTHER WAY,
SITUATED IT SO YOU DIDN'T HAVE
TO PUT A RETENTION POND ON HERE?
>> NO, WE DO HAVE TO TREAT THE
IMPERVIOUS SURFACE RUN RUNOFF,
YES, MA'AM.
SHINGLES, ASPHALT AND THE --
THAT'S THE RULES.
THAT POND HAS TO BE MAINTAINED.
THE SLOPE AND VOLUME OF THE POND
DOES -- IT WILL REQUIRE FEN
FENCING.
YOU SEE THEM IN COMMERCIAL
AREAS, FOR SAFETY REASONS FOR
CHILDREN, SO FORTH.
>> ARE YOU FROM NORTH CAROLINA?
>> I AM, YES, MA'AM.
>> SO WE ALL KNOW A LOT OF TIMES
IN NORTH CAROLINA WHEN YOU GET
STANDING WATER, YOU GET A LOT OF
MOSQUITOES.
>> I DO.
>> LOTS OF MOSQUITOES SO DO YOU
KNOW WHETHER THIS RETENTION POND
WOULD BE A STANDING WATER OR DRY
ONE AND HOW DOES THIS COMPANY
ADDRESS THE ISSUE OF MOSQUITOES
AROUND?
BECAUSE THAT PICTURE HAD THE
INFENT -- INFANT PLAYGROUND AND
TODDLER PLAYGROUND PRETTY MUCH
RIGHT CRASDZ FROM -- ACROSS FROM
THERE.
WHAT DO THEY DO?
DO YOU KNOW?
>> WE DON'T HAVE STANDING WATER.
I TELL MY MOM GET RID OF THE
POTTED PLANTS BUT WE GET
MOSQUITO SQUAD.
THE CHILDREN THEY ARE ROTATED
WILL THERE BE STANDING WATER
HERE?
I'M NOT SURE.
THIS IS VERY PERMEABLE MATERIAL
HERE.
IT'S VERY GOOD FOR WATER, YOU
KNOW, WATER RELEASING.
WITH THE RIGHT SURGE OF WATER
AND STORM IT COULD TEMPORARILY
HAVE WATER BUT THIS AREA'S
REALLY GOOD.
>> IS THERE A WAY -- WOULD IT
HINDER YOUR PROGRESS IF YOU WERE
TO -- IF WE WERE TO SOMEHOW PUT
THIS ON OLD AND COME BACK WITH
INFORMATION ABOUT WHAT THIS SITE
WOULD LOOK LIKE BECAUSE WE DON'T
SEEM TO KNOW EXACTLY WHAT'S
GOING TO TO GO HERE.
I THINK YOU SAID BETWEEN 4 AND
6-FOOT FENCES IS WHAT YOUR
COMMENTS WERE.
>> WELL, THE FENCE --
>> THAT WAS ONE OF THE NOTES I
WROTE.
>> ON THE SOCCER FIELD.
I THINK THE HIGHER FENCING IS
BEHIND THE AREA WHERE THE GOAL
SHOTS ARE MADE.
BUT OTHER THAN THAT, IT'S 4 FEET
AND THERE ARE PEOPLE ALL OVER
THE FIELD WHEN THESE KIDS ARE
PLAYING.
>> IN THOSE OTHER LOCATIONS DO
THEY HAVE 6-FOOT FENCE AROUND
THEIR PONDS?
>> NO, THAT'S AROUND THE SOCCER
FIELD ITSELF.
THE POND IS, IS FENCED DEPENDING
ON THE SLOPE AND DESIGN OF IT.
>> THOSE OTHER ONES THAT YOU
REFERENCED THEN BECAUSE THEY ARE
ALL OVER THE PLACE HERE THAT YOU
SAID YOU'VE TOURED, WOULD YOU
SAY IN YOUR OPINION THAT MOST OF
THEM WERE SIX FOOT FENCES --
WHAT'S YOUR -- WHAT HAVE YOU
SEEN?
>> I WILL CLARIFY I WAS SPEAKING
ABOUT THE FENCING AROUND THE
SOCCER FIELD BUT THE FENCING
AROUND THE POND DEPENDS ON THE
SLOPE.
>> OKAY.
I GOT YOU.
IT REQUIRES FENCING.
SO IT'S REGULATED AND TRUST ME,
THESE FOLKS ARE AS LARGE AN
OPERATOR AS THEY ARE --
>> IT IS VERY REGULATED.
>> VERY QUICKLY, MR. KIRKPATRICK
THE NAME OF THE FIRM THAT YOU
SAID WAS RAINBOW.
>> CHILD CARE CENTER.
>> THEY OPERATE THESE CHILD CARE
FACILITIES ALL OVER THE STATE.
>> YES, SIR.
>> AND YOU MENTIONED THAT THE
THAT THE DEPARTMENT OF
ENVIRONMENTAL AND NATURAL
RESOURCES REQUIRES FENCING
AROUND STORMWATER RETENTION
PONDS.
>> THEY DO DEPENDING ON THE
DESIGN.
THAT'S WHAT I UNDERSTAND.
>> SO DEPENDING ON THE DESIGN.
>> THE ENGINEER IS THE EXPERT ON
THIS.
>> BUT TECHNICALLY THERE MAY BE
A REQUIREMENT FOR A FENCE ON
THIS.
>> YES, SIR, DEPENDING ON THE
SIZE AND THE PERMANENCY OF IT
AND SO FORTH.
>> THAT'S FINE.
AND I WOULD ASSUME.
>> TO THE BEST OF MY KNOWLEDGE.
>> THEY OPERATE WITHIN 110 OF
THE CHILD CARE FACILITIES
STATUTES.
>> YES, SIR.
>> AND IF I'M NOT WRONG ARE YOU
FAMILIAR THAT PART OF THAT
REQUIREMENT UNDER ARTICLE VII
SUBCHAPTER 3 IS EACH CHILD CARE
FACILITY SUPPOSED TO BE LOCATED
IN AN AREA THAT ARE FREE FROM
DANGERS ARE THEY AWARE OF THE
REGULATIONS THEY WOULD HAVE TO
COMPLY WITH THE STATE TO MEET
THAT,.
>> YES, SIR.
>> PARAGRAPH 6 SAYS THE SPACE
REQUIREMENTS IT TALKS ABOUT THE
PLAYGROUND HAS TO BE PROTECTED
BY AN ADEQUATE FENCE AND OTHER
PROTECTIONS SO THEY MEET THOSE
REQUIREMENTS IN ALL THESE
MULTIPLE LOCATIONS?
>> I BELIEVE SO, SIR.
IT'S VERY INSPECTED AND
REGULATED, SIR.
>> SO THEY HAVE NOT HAD ANY
ISSUES OPERATING WITHIN THE
NORTH CAROLINA GENERAL STATUTES
FOR CHILD CARE FACILITIES.
>> NOT THAT I KNOW OF.
>> AND IT WOULD BE YOUR
ASULFTION AT AS THIS FACILITY IS
BUILT THEY ARE GOING TO HAVE THE
STATE COME DOWN AND PREINSPECT
TO MAKE SURE THEY ARE IN
COMPLIANCE TO MAKE SURE THEY
MEET THE STANDARDS BEFORE THEY
OPEN.
>> LICENSED AND TO OPERATE, YES,
SIR.
>> OKAY.
ANY ADDITIONAL QUESTIONS?
THANK YOU,.
MR. CRISP, THIS IS YOUR
DISTRICT, SIR.
>> I'M SORRY,MIST McDONALD HAS
HIT THE LIGHT.
>> WELL I WAS GOING TO SAY
MAYOR, MEMBERS OF COUNCIL, IT
DOES SEEM THAT YOU HAVE QUITE A
FEW QUESTIONS THAT YOU HAVE NOT
BEEN ABLE TO GET ANSWERED
TONIGHT RELATED TO THE RETENTION
POND, THE ENGINEERING ASPECT, SO
CERTAINLY ONE OPTION WOULD BE TO
TABLE THIS UNTIL THEY CAN HAVE
THEIR ENGINEER HERE AND WE CAN
HAVE SOMEONE FROM OUR
ENGINEERING STAFF HERE TO
RESPOND TO THE QUESTIONS THAT
YOU'VE RAISED TONIGHT.
>> THANK YOU, MA'AM.
>> MR. CRISP.
>> MR. MAYOR, GIVEN THE COUNSEL
FROM COUNSEL I MOVE TO TABLE
THIS TO ALLOW STAFF MORE TIME
FOR US TO GARNER ANSWERS TO
THESE QUESTIONS AND TO BRING
THIS BACK ONCE WE HAVE THE
ANSWERS FROM SOME OF THE
POSSIBLE COUNCIL SESSION.
>> I'LL SECOND.
>> I HAVE A MOTION AND A SECOND.
LET ME SHAKE SURE.
THE PUBLIC HEARING HAS BEEN
CLOSED.
WE REQUIRE ANOTHER PUBLIC
HEARING OR CAN WE JUST CONTINUE
THIS DISCUSSION RELATIVE TO THIS
PUBLIC HEARING.
>> MY RECOMMENDATION WOULD BE
THAT YOU CONTINUE IT SO THAT
THEIR ENGINEER AS WELL OUR
ENGINEER CAN PROVIDE
TESTIMONY --
>> ANOTHER PUBLIC HEARING'S NOT
NEEDED OR DOESN'T NEED TO BE --
>> NO.
AND MY RECOMMENDATION WOULD BE
IF IT IS THE INTEREST OF THE
COUNCIL THAT YOU CONTINUE THIS
PUBLIC HEARING UNTIL JANUARY THE
14th, WHICH WOULD BE YOUR
SECOND, THE SECOND MONDAY IN
JANUARY.
>> THAT WOULD BE MY MOTION, SIR.
>> ALL RIGHT, I HAVE A MOTION
AND A SECOND.
IS THERE ANY DISCUSSION ON THE
MOTION?
DO YOU HAVE A QUESTION,
MR. HAIRE?
>> WELL, I DO.
I WAS JUST WANTED TO MAKE SURE
WHENEVER THEY DO RETURN MAYBE
THEY COULD BRING US PICTURES
OF -- OKAY.
THANK YOU.
>> OKAY, EVERYBODY CLEAR ON THE
MOTION.
LET ME ASK FOR YOUR VOTE,
PLEASE.
THOSE IN FAVOR,.
IN OPPOSITION, MR. BATES AND
MR. FOWLER.
>> WE WILL MOVE TO PUBLIC
HEARING 3, P12-56F.
>> NEXT CASE WE HAVE FOR YOU,
MR. MAYOR IS P12-56-F.
THIS IS A SPECIAL USE PERMIT
REVISION.
IT IS A NEW PERMIT THAT IS
REVISING THE ONE THAT WAS PROVED
BY COUNCIL ON AUGUST OF THIS
YEAR FOR HEAVY AUTO REPAIR.
THE PROPERTY'S LOCATED AT 5130
RAEFORD ROAD.
APPROXIMATELY 2.66 ACRES.
THIS IS AS YOU RECALL WHEN IT
CAME BEFORE IN THE PAST, THIS IS
PART OF LAFAYETTE FORD.
THIS IS THEIR MAIN CAMPUS HERE.
THEY ARE LOOKING TO EXPAND INTO
THIS VACANT LOT BESIDE OF THEM.
TO PUT IN A PAINT AND BODY SHOP
IN THAT AREA.
THEY WERE APPROVED FOR THAT BACK
IN AUGUST.
AS PART OF THAT APPROVAL IN
AUGUST OF THIS YEAR, THERE WERE
A SET OF SEVEN CONDITIONS THAT
WERE PUT ON THE SPECIAL USE
PERMIT.
WE'LL GO THROUGH THOSE HERE IN A
MOMENT AFTER WE'VE GONE THROUGH
SOME OF THE BASICS OF THE
PROPERTY ONCE AGAIN.
AGAIN IT DOES HAVE SF-10 SINGLE
FAMILY HOUSING TO THE NORTH
BASICALLY BEHIND THE PROPERTY.
IT PROPERTY ITSELF AND THE
PROPERTIES TO THE EAST, WEST,
AND SOUTH, ARE ALL ZONED
COMMUNITY COMMERCIAL OUR
HEAVIEST COMMERCIAL DISTRICT.
PAINT AND BODY SHOPS ARE ONLY
ALLOWED IN THAT PARTICULAR
DISTRICT UNDER SPECIAL USE
PUMPLET.
THE MAIN ACCESS FOR THIS
LAFAYETTE FORD FACILITY IS OFF
OF RAEFORD ROAD.
THERE IS A STOPLIGHT AND A MAIN
ENTRANCE INTO THE FORD
DEALERSHIP.
THERE IS A SECONDARY PRIVATE
ROAD THAT RUNS ALONG THE
BACKSIDE OF THE PROPERTY IT 168,
168 -- ITSELF, AND THEY HAVE
LOOKED TO USE THAT AS MAYBE A
SECONDARY ENTRANCE FROM TIME TO
TIME.
THE CURRENTLY THE LAND USE IN
THE AREA WE'RE LOOKING AT MOSTLY
COMMERCIAL THERE ALONG RAEFORD
ROAD WITH SOME UNDEVELOPED AND
LOW-DENSITY RESIDENTIAL AKIND OF
BEHIND THE PROPERTY.
OUR LAND USE PLAN DOES CALL FOR
HEAVY COMMERCIAL ALONG RAEFORD
ROAD.
AND A LOW-DENSITY RESIDENTIAL TO
THE NORTH AGAIN WHERE THE
RESIDENTIAL IS CURRENTLY.
S AGAIN, IN AUGUST OF 2012,
COUNCIL DID APPROVE SPECIAL USE
PERMIT FOR WITH THE FOLLOWING UE
CONDITIONS, THE PROPERTY MEET
DEVELOPMENT CODE FOR SUCH THINGS
AS PARK AND LANDSCAPING TO NAME
A FEW, THAT THE TYPE D BUFFER BE
PUT IN PLACE ALONG MORRIS
STREET.
THAT'S THAT PRIVATE ROAD ALONG
THE BACK SIDE OF THE PROPERTY.
12 CALIPER INCHES OF TREES AND
36-INCH HIGH SHRUBS WITHIN A
10-FOOT BUFFER THERE ALONG
MORRIS STREET.
THERE'S CURRENTLY A CHAIN LINK
FENCE BACK THERE THAT WOULD
REMAIN THAT THEY WOULD JOIN THE
STREET MAINTENANCE ASSOCIATION
FOR MORRIS STREET SINCE IT IS A
PRIVATE ROAD.
THAT THE HOURS OF OPERATION
WOULD BE FROM 7:00 A.M. TO
6:00 P.M. MONDAY THROUGH FRIDAY.
7:00 A.M. TO 5:00 P.M. ON
SATURDAYS AND TO BRING MORRIS
STREET UP TO CITY STANDARDS TO
THEIR PROPERTY ENTRANCE.
THE OWNERS ARE SEEKING TO HAVE
THE CONDITIONS 6 CHANGED AND 7
CLARIFIED A BIT.
AND WHAT THEY'RE LOOKING OR
HOPING FOR IS TO GET NO
RESTRICTIONS ON THE HOURS OF
OPERATION, WHICH IS WHAT THEY
OPERATE UNDER CURRENTLY, AND TO,
AND AS 7 THEY WOULD INSTALL A
SIDEWALK ALONG MORRIS STREET AND
ANY REPAIRS WOULD BE MADE TO
DAMAGE DONE TO MORRIS STREET.
THEY WOULD ALL BE TO CITY
STANDARDS WHILE THEY'RE DOING
ANY KIND OF CONSTRUCTION BACK
THERE.
WHAT IF ANY QUESTIONS OF STAFF
AT THIS TIME?
>> MAYOR?
>> YES, MA'AM.
>> JUST NEED TO CLARIFY.
MR. HARMON, IS IT MORRIS STREET
OR MOOR STREET?
>> IT IS MORRIS.
I'M SORRY.
THERE WAS PA -- THERE'S A TYPO I
JUST SAW THERE.
IT IS MORRIS STREET.
>> MR. CRISP.
>> MR. HARMON, NO RESTRICTIONS
ON HOURS OF OPERATION, AND YOU
SAID THAT THEY ARE CURRENTLY
OPERATED UNDER NO RESTRICTIONS
ON HOURS OF OPERATION.
WE GET NO RESTRICTION AND THEY
OPEN ON SUNDAY ALL NIGHT LONG
BEATING AND BANGING?
WHAT DO YOU MEAN BY THEY ARE
CURRENTLY OPERATING UNDER NO
RESTRICTIONS?
>> WELL, THEY'RE OPERATING AS --
THEY'RE OPERATING THE SAME WAY
JUST ABOUT ANY BUSINESS IN TOWN
OPERATES, AND THEY SET THEIR OWN
BUSINESS HOURS.
THE CITY DOESN'T TYPICALLY GET
INVOLVED WITH SETTING THE HOURS
OF OPERATION FOR BUSINESSES.
THERE ARE A FEW THINGS THAT IN
THE PAST WE HAVE SUCH AS DAY
CARES, THE TIMES OF THEIR
OPERATIONAL HOURS, A LOT OF
TIMES THEY WILL CONDITION THOSE
IN, BUT FOR MOST BUSINESSES WE
DON'T TYPICALLY DO THAT.
>> I UNDERSTAND BUT I THOUGHT
ONE OF THE REASONS WE WANTED TO
PUT THE HOURLY RESTRICTIONS,
THIS IS A BODY SHOP, AND
VEHICLES WILL BE BROUGHT IN ON
THE HOOK AND WE DON'T WANT
VEHICLES COMING UP THAT
RESIDENTIAL STREET ON ONE SIDE
AT ALL HOURS OF THE DAY AND
NIGHT.
THAT WAS THE REASON I UNDERSTOOD
THAT WE SPECIFIED PARTICULAR
OPERATING HOURS BECAUSE WE
DIDN'T WANT TRUCK COMES IN
2:00 IN THE MORNINGS AFTER AN
ACCIDENT AND THAT KIND OF THING.
>> WELL, CURRENTLY, THEY ALREADY
DO THAT.
THEY ALREADY USE THIS ROAD FOR
ACCESS TO BRING DAMAGED VEHICLES
TO THEIR SITE.
CURRENTLY, AT THIS POINT IF
YOU'LL LOOK AT YOUR SCREEN
THERE, THERE IS A GATE ON THEIR
PROPERTY RIGHT IN THIS AREA, AND
RIGHT NOW, IF IT'S AFTER HOURS
OR SOMETHING SIMILAR TO THAT,
WRECKER TRUCKS WILL BRING CARS
BACK IN THROUGH THAT AREA AND
THEY ARE LET IN THROUGH THAT
BACK ENTRANCE ALREADY.
>> SO WHAT IS THE CLARIFICATION
ON NUMBER 7?
>> THE CLARIFICATION ON NUMBER 7
IS ORIGINALLY IT IS THAT THEY
WERE BRINGING MORRIS STREET UP
TO CITY STANDARDS.
WELL, IT'S TECHNICALLY
IMPOSSIBLE FOR THEM TO DO THAT
BECAUSE MORRIS STREET DOES NOT
CONNECT TO ANOTHER CITY STREET.
IT CONNECTS TO CARR ROAD, WHICH
IS ANOTHER PRIVATE ROAD.
AND SO IN ORDER TO CLARIFY THAT,
WHAT WE'VE SAID IS THEY WILL GO
IN.
ANY REPAIRS -- THEY WILL HAVE TO
PUT A WATER LINE IN THAT GOES
ALONG MORRIS STREET BACK HERE
THAT THEY'LL MAKE ALL THOSE
REPAIRS TO CITY STANDARDS THAT
THEY'LL ALSO PUT IN -- THAT
THEY'RE ALSO PUTTING IN A
SIDEWALK ALONG THE BACK HERE
ALONG MORRIS STREET AS WELL.
THERE'S NOT LIKE ANYTHING OUT
THERE CURRENTLY OUT ON THAT
ROAD.
>> THANK YOU.
THANK YOU, MR. MAYOR.
>> ALL RIGHT, SIR.
THANK YOU, SIR.
STAND BY.
WE'LL OPEN THE PUBLIC HEARING
AND I'M SURE HAVE ADDITIONAL
QUESTIONS.
MADAM CLERK?
>>> SIR, WE JUST HAVE ONE
SPEAKER FOR THIS ITEM, MR. BEN
FLAIL.
>> YES, SIR, YOU DO.
>> DO YOU SOLEMNLY SWEAR TO TELL
THE WHOLE TRUTH, AND NOTHING BUT
THE TRUTH, SO HELP YOU GOD.
>> GOOD EVENING, COUNCILMEMBERS.
MY NAME IS BEN LAICAL.
409 CHICAGO DRIVE FAYETTEVILLE,
NORTH CAROLINA.
I'M THE ENGINEER FOR THIS
PROJECT.
THE REASON WE ARE COMING BACK T
YOU TONIGHT IS TO HOPEFULLY GET
THESE HOURS CHANGED WHERE THEY
ARE NOT RESTRICTED.
THIS WILL HELP THEM BECOME A
MORE COMPETITIVE BUSINESS
BECAUSE MORE BUSINESSES THAT
OPERATE AS A BODY SHOP DON'T
HAVE RESTRICTIONS ON HOURS AND
THAT IS ONE REASON WE ARE HOPING
TO CHANGE THESE HOURS TO WHERE
WE DON'T HAVE ANY THERE IS
CURRENTLY A DRIVEWAY BACK THERE
ALREADY THAT THE OLD HOLLY MYERS
FURNITURE PLACE USED TO USE AND
AS FAR AS WE KNOW WE'VE CHECKED
WITH THE CITY THERE WERE NO
COMPLAINTS FROM ANY DELIVERIES
FROM THOSE TRUCKS.
WE ARE JUST HOPING THE HOURS CAN
BE CHANGED FOR THE CLIENT.
>> THANK YOU, SIR.
THANK YOU FOR COMING.
>> SIR, WE HAVE NO FURTHER
SPEAKERS.
>> WE WILL CLOSE THE PUBLIC
HEARING AND ENTERTAIN ANY
ADDITIONAL QUESTIONS FROM
COUNCIL.
MR. CRISP?
>> MR. HARMON?
>> YES, SIR.
>> THE GENTLEMAN POINTED OUT HE
KNOWS OF NO OTHER BODY SHOP IN
THE CITY THAT HAS THE
RESTRICTION OF US SETTING THE
HOURS.
IS THAT -- YOU SAID EARLIER --
>> THAT IS TRUE, CORRECT.
>> SO FOR US TO DO THIS, PLACES
HIM HIM AT A DISADVANTAGE IN
COMPETITIVENESS WITH OTHER BODY
SHOPS.
IS THAT CORRECT?
>> CERTAINLY WE WOULD BE PUTTING
A RESTRICTION ON HIM THAT IS NOT
ON OTHER BODY SHOPS.
>> THAT'S PROBABLY THE BIGGEST
POINT, YES.
>> THANK YOU.
>> ANY ADDITIONAL QUESTIONS?
MR. ARP, I THINK THIS IS IN YOUR
DISTRICT, SIR.
>> IT IS: MR. MAYOR AND COUNCIL
I WOULD MOVE THE COUNCIL WOULD
MOVE THE SPECIAL USE PERMIT FOR
HEAVY AUTO REPAIR AS PRESENTED
BY THE STAFF BASED ON THESE
EIGHT FINDINGS AND SEVEN
CONDITIONS.
>> I HAVE A MOTION AND A 2nd
BY MR. FOWLER.
ANY DISCUSSION ON THE MOTION?
LET ME ASK FOR YOUR VOTE,
PLEASE?
>> OKAY, THAT'S UNANIMOUS.
THANK YOU, COUNCIL.
THANK YOU, MR. HARMON.
OKAY, WE'LL MOVE NOW TO ITEM
8.1, WHICH IS PRESENTATION OF
THE OUGHT AUDITED 2011 OF THE
2012 COMPREHENSIVE FINANCIAL
REPORT.
MS. SMITH, GOOD TO HAVE YOU,
MA'AM.
>> THANK YOU.
>> GOOD EVENING.
IT'S THAT TIME OF YEAR WHERE I
COME TO YOU AGAIN.
IT'S TIME TO PRESENT THE ANNUAL
FINANCIAL REPORT FOR THE CITY OF
FAYETTEVILLE.
I AM GOING TO PRESENT TO YOU
TONIGHT THE AUDIT RESULTS, AND
THEN MS. SMITH WILL COME UP AND
GIVE YOU THE FINANCIAL RESULTS.
SO WE'RE CHANGING IT UP A LITTLE
BIT TO KEEP YOU ENTERTAINED.
GOING TO MOVE ON TO SLIDE 2.
AS STATED PREVIOUSLY, I AM GOING
TO GO AHEAD AND COVER THE AUDIT
RESULTS.
IT WILL BE SLIDE THREE IN YOUR
HANDOUTS BUT ON THE SCREEN IT'S
THE SECOND SLIDE.
GENERAL ACCEPTED AUDITING
STANDARDS REQUIRE THAT THE
AUDITOR PROVIDE AN OPINION ON
WHETHER THE BASIC FINANCIAL
STATEMENTS ARE PRESENTED FAIRLY.
FOR THE RECORD THE CITY RECEIVED
YET AGAIN AN UNQUALIFIED OR
CLEAN OPINION.
THIS IS THE HIGHEST LEVEL OF
ASSURANCE THAT A CERTIFIED
PUBLIC ACCOUNTANT CAN GIVE AN
ENTITEE.
THIS REPORT CAN BE FOUND ON B1
OF THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT.
WHEN PERFORMING AN AUDIT OF A
GOVERNMENTAL ENTITY, AN
ADDITIONAL SET OF AUDITING
STANDARDS CALLED GOVERNMENT
AUDITING STANDARDS MUST BE
APPLIED.
THESE ADDITIONAL STANDARDS
REQUIRE THAT WE ISSUE A REPORT
ON COMPLIANCE AND INTERNAL
CONTROLS OVER FINANCIAL
REPORTING.
THE PURPOSE OF THIS REPORT IS TO
DESCRIBE THE SCOPE OF OUR
TESTING ON INTERNAL CONTROLS AND
COMPLIANCE AND THE RESULTS OF
THAT TESTING BUT NOT TO PROVIDE
AN OPINION ON INTERNAL CONTROLS.
THIS REPORT CAN BE FOUND ON PAGE
Q1 OF THE COMPREHENSIVE ANNUAL
FINANCIAL REPORT.
UNDER THE REQUIREMENTS OF OMB
CIRCULAR A133, WE PERFORMED A
SINGLE AUDIT OF THE STATE AND
FEDERAL GRANT EXPENDITURES
TOTALING $27.9 MILLION.
UNDER THE SINGLE AUDIT THE
AUDITOR IS ROIR REQUIRED TO
EXPRESS AN OPINION ON WHETHER
THE GOVERNMENT COMPLIED WITH
LAWS REGULATIONS OF PROVISIONS
OR GRANT AGREEMENTS THAT COULD
HAVE A DIRECT AND MATERIAL
EFFECT ON EACH MAJOR FEDERAL OR
STATE PROGRAM.
FOR THE RECORD THE STATE
RECEIVINGED AN UNQUALIFIED OR
CLEAN OPINION THE HIGHEST
POSSIBLE RESULT OF THE REPORTS.
THESE ARE FOUND ON Q3 AND Q6 OF
THE FINANCIAL REPORT.
IN ADDITION TO THE FINANCIAL
STATEMENTS WE GIVE YOU A LETTER
EVERY YEAR, AND THIS IS A LETTER
WE'RE REQUIRED TO GIVE THE
GOVERNING BOARD.
THAT LETTER IS WHERE WE
REPRESENT TO YOU THAT OUR FIRM
IS INDEPENDENT WITH RESPECT TO
THE CITY WHICH IS A REQUIREMENT,
THAT IT ALSO DESCRIBES ANY
SIGNIFICANT ACCOUNTING POLICIES
WE WANT TO MAKE YOU AWARE OF AND
IT POINTS OUT THE CITY'S
ESTIMATES.
I WOULD ENCOURAGE YOU TO TAKE A
LOOK AT THIS LETTER AT YOUR
CONVENIENCE.
ON BEHALF OF CHERRY, BAKAERT AND
HOLLAND, I WOULD LIKE TO THANK
THEM FOR THEIR WORK.
II WOULD LIKE TO EXPRESS MY
THANKS TO YOU FOR ALLOWINGTUSE
SERVE YOU AGAIN THIS YEAR SO AT
THIS TIME I WILL TURN IT OVER TO
MS. SMITH.
>> WE HAVE A COUPLE OF
QUESTIONS.
PROBABLY BETTER.
>> YES, MA'AM, ON THIS ONE FIRM
IT SAYS THE FIRM OF CHERRY,
BEKAERT AND HOLLAND ISSUED AN
UNQUALIFIED OPINION.
SO IF YOU'RE AN UNQUALIFIED
OPINION WHAT ARE YOU DOING
LOOKING AT OUR BOOKS?
CAN YOU EXPLAIN THAT SENTENCE
THERE?
>> OKAY.
WHEN A CPA COMES IN TO PERFORM
AN AUDIT ON A SET OF STATEMENTS
WE ISSUE AN OPINION.
I AM WITH THE FIRM.
SO WE ISSUE AN OPINION ON
WHETHER THOSE STATEMENTS ARE
FIRELY PRESENTED -- FAIRLY
PRESENTED.
THOSE DEFINITIONS ARE DEFINED BY
THE STANDARDS WE FOLLOW.
THE CITY HAS RECEIVED AN
UNQUALIFIED OPINION WHICH MEANS
IT'S A CLEAN OPINION AND IT'S
THE HIGHEST LEVEL OF ASSURANCE
THAT THEY CAN GET.
>> EXPLAIN THAT AGAIN.
>> WE DIDN'T QUALIFY OUR
OPINION.
IT'S UNQUALIFIED.
SO WE, WE'RE SAYING THAT WE
BELIEVE THE FINANCIAL STATEMENT
TO BE FAIRLY PRESENTED.
>> OKAY, THANK YOU.
>> MR. HAIRE?
>> MS. THOMPSON.
>> IT'S BEEN SOME YEARS AGO THAT
ONE OF THE REQUIREMENTS OR
DISCUSSIONS WITH THE CHERRY
BEKAERT AND HOLLAND WAS TO HAVE
THE SUPPORT OF SOME LOCAL
MINORITY BUSINESS FOLK TO HELP
WITH OUR AUDIT.
IS THAT STILL IN PLACE?
>> WE DO USE A MINORITY FIRM,
BUT THERE'S NO ONE LOCALLY
CURRENTLY THAT IS QUALIFIED TO
PERFORM UNDER THESE TYPE OF
AUDITING.
SO FOR US TO USE SOMEONE ON OUR
AUDIT, THEY DO HAVE TO BE
QUALIFIED TO PERFORM THESE TYPE
OF AUDITS.
WE USED TO USE A GENTLEMAN IN
THE STATE OF NORTH CAROLINA.
NOW WE USE SOMEONE IN ATLANTA.
THEY DO HAVE TO HIT A
REQUIREMENT TO BE ABLE TO SERVE
ON THE AUDIT TEAM.
>> THANK YOU, MA'AM.
>> THANK YOU, MA'AM.
>> ANY QUESTIONS?
>> WE WILL SEE MS. SMITH.
>> GOOD EVENING?
>> MY FOCUS TONIGHT WILL BE ON
THE FINANCIAL RESULTS FOR THE
GENERAL FUND, WHICH IS THE
PRIMARY OPERATING FUND OF THE
CITY ASIDE FROM AN ELECTRIC AND
WATER UTILITY FUNDS.
DURING THE PRESENTATION, I REFER
TO PAGES IN THE FINANCIAL
STATEMENTS HOWEVER THE SLIDES
WILL CONTAIN SUMMARY OF THE
INFORMATION SO YOU NEED NOT FLIP
TO THE PAGE IN THE FINANCIAL
REPORT THAT WE'VE PROVIDED TO
YOU.
A SUMMARY OF THE INFORMATION
PROVIDED ON PAGE 85 ON THE CAFR
IS INCLUDED ON THE SLIDE BEFORE
YOU, WHICH IS LABELED GENERAL
FUND OPERATING RESULTS.
AS YOU CAN SEE ON THIS SLIDE WE
HAVE SEVERAL CALLLES OF
INFORMATION.
WE COLUMNS OF INFORMATION.
WE HAVE THE ORIGINAL BUDGET
WHICH IS THE BUDGET YOU ADOPTED
IN JUNE OF 2011 FOR THIS
PARTICULAR FISCAL YEAR.
WE HAVE THE FINANCIAL BUDGET AS
IT APPEARED AT JUNE 30, 2012.
AND THEN WE HAVE THE ACTUAL
RESULTS THAT THE CITY HAD FOR
THAT PERIOD AND THEN FINALLY THE
BUDGET VARIANCE SHOWN IS BETWEEN
THE FINAL BUDGET AND THE ACTUAL
RESULTS.
AND THAT IS BOTH FOR THE
CATEGORIES OF REVENUES AND OTHER
FINANCING SOURCES.
WHICH WOULD BE SOMETHING LIKE
TRANSFERS IN FOR EXAMPLE FROM
OUR PUBLIC WORKS COMMISSION AS
WELL AS EXPENDITURES AND OTHER
USES, WHICH IN OUR CASE WOULD BE
TRANSFERS OUT TO OTHER FUNDS
THAT WE HAVE.
THEN FINALLY WE HAVE A CATEGORY
CALLED FUND BALANCE APPROPRIATED
WHICH IS THE DIFFERENCE BETWEEN
THE REVENUES AND THE
EXPENDITURES AS YOU SEE IN THE
SLIDE.
AND THAT YOU CAN SEE OUR ACTUAL
RESULTS AS SHOWN ON THIS SLIDE
IS THAT WE ENDED THE YEAR WITH
ABOUT A $3.2 MILLION REVENUES
AND FINANCING.
WHICH RESULTED IN AN INCREASE IN
OUR FUND BALANCE.
AND WE'LL DISCUSS THAT A LITTLE
FURTHER INTO THE PRESENTATION.
ON THIS SLIDE WE HAVE THE SAME
CATEGORIES OF BUDGETED ORIGINAL
AND ACTUALS AND THEN A VARIANCE
TO THE FINAL BUDGET.
THE CATEGORIES OF REVENUES YOU
SEE BEFORE YOU ARE ALSO SHOWN ON
PAGE 85 OF THE AUDIT REPORT AND
THEY SHOW TAXES WHICH ARE
PRIMARILY PROPERTY TAXES BUT
ALSO INCLUDE PRIVILEGE LICENSE
TAXES AND INTERGOVERNMENTAL
REVENUES WHICH WOULD INCLUDE
SALES TAXES, AND FOR EXAMPLE,
FEDERAL FEMA REVENUES FOR THE
TORNADO THAT WE EXPERIENCED LAST
FISCAL YEAR.
AS WELL AS PERMIT AND FEES AND
OTHER CATEGORIES IDENTIFIED
BELOW.
AS YOU CAN SEE OUR TOTAL
REVENUES WERE $140,839,000.
AND THAT EXCEEDED OUR FINAL
BUDGET BY ABOUT $5.3 MILLION.
YOU CAN SEE THE LARGEST
VARIANCES ATTRIBUTED TO THE
INTERGOVERNMENTAL CATEGORY,
WHICH IS PRIMARILY RELATED TO
OUR RECEIPT OF FEDERAL EMERGENCY
MANAGEMENT AGENCY FUNDS FOR OUR
TORNADO EVENT THAT OCCURRED IN
2011.
THERE IS A TIMING DIFFERENCE
BETWEEN WHEN WE RECEIVED THE
REVENUES FROM THE FEDERAL
GOVERNMENT SO THAT IS WHAT
REALLY IS DRIVING THE CHANGE AND
THAT CATEGORY.
AND THEN FINALLY WHEN WE BUDGET
FUND BALANCE THAT'S ACTUALLY
IT'S A BUDGETING MECHANISM TO
BALANCE YOUR BUDGET BUT IT IS
NOT ACTUALLY A REVENUE SOURCE
COMING INTO YOU.
SO THAT'S WHY YOU NEVER SEE AN
ACTUAL IN THAT CALLUME AND
THOUGH THAT WOULD APPEAR TO BE
AN UNFAVORABLE VARIANCE OR
NEGATIVE VARIANCE.
SO THE VARIANCES BETWEEN OUR
INTERGOVERNMENTAL REVENUES AND
FUND BALANCE APPROPRIATION ARE
THE PRIMARY RESULTING VARIANCE
IN THE FINAL BUDGET THAT YOU SEE
TO YOUR BOTTOM RIGHT-HAND SIDE
OF THE SLIDE.
ON THIS SLIDE WE REPRESENT THE
GENERAL FUND EXPENDITURES.
AND OTHER FINANCING USES, WHICH
IS ALSO FOUND ON PAGE E5.
TO THE LEFT YOU WILL SEE THE
MAJOR CATEGORIES WHICH WOULD
INCLUDE CATEGORIES SUCH AS THE
CITY MANAGER'S OFFICE, CITY
COUNCIL, FINANCE, INFORMATION
TECHNOLOGY, HUMAN RESOURCES ALL
WITHIN ADMINISTRATION CATEGORY
PUBLIC SAFETY WHICH WOULD
INCLUDE POLICE AND FIRE AND SO
ON.
AND YOU CAN SEE THE OTHER
CATEGORIES AS WE'VE IDENTIFIED
THEM TO THE LEFT OF THE SLIDE.
AGAIN WE HAVE THE SAME COLUMNS
OF INFORMATION AND I'LL POINT
YOU TO THE THIRD COLUMN WHICH
SHOWS THE ACTUALS.
TOTALING $137.6 MILLION FOR THE
FIC FISCAL YEAR COMPARED TO A
FINAL BUDGET OF $146 MILLION.
WE HAD A POSITIVE VARIANCE
COMPARED TO OUR EXPENDITURES IN
OUR BUDGET OF $8.5 MILLION.
THE REASON FOR THE POSITIVE
VARIANCE ARE WE ACTUALLY HAVE
ABOUT A 3 $3.2 MILLION BUDGETED
IN FISCAL YEAR 12 THAT WAS
RESTRICTED IN JUNE 30 OR -- SO
WHAT THAT MEANS IS IT WAS NOT
SPENT IN 2012 BUT WE WOULD SPEND
IT INTO THE FISCAL YEAR WE ARE
IN NOW.
OKAY?
SECONDLY PERSONNEL COSTS ACROSS
ALL DEPARTMENTS WERE LESS THAN
BUDGETED AT JUNE 30.
WE ALSO HAD OPERATING
EXPENDITURES THAT WERE LESS THAN
BUDGET BY ABOUT $2.3 MILLION.
AND FINALLY WE ALWAYS LEAVE ROOM
IN OUR BUDGET TO COVER
UNANTICIPATED EXPENDITURES
DURING THE YEAR.
WE DON'T WANT TO VIOLATE THE
STATUTORY REQUIREMENT TO BE
WITHIN OUR BUDGET.
WE CANNOT DO THAT WITHOUT
INCURRING A VIOLATION OF STATE
LAW AND THAT REPRESENTS 1
$1.8 MILLION.
UNEXPECTED EXPENDITURES THAT
COULD'VE OCCURRED.
THIS SLIDE, WHICH SUMMARIZES
FUND BALANCES IS LISTED ON PAGE
E1 OF THE AUDIT REPORT.
SHOWS YOU THE VARIOUS CATEGORIES
OF FUND BALANCE.
PRIMARILY YOU HAVE FUND BALANCE
IN SEVERAL CATEGORIES.
FOR EXAMPLE, RESTRICTED FUND
BALANCE WOULD BE THOSE FUND
BALANCES THAT ARE ASSOCIATED
WITH YOUR ACCOUNTS RECEIVABLE.
AND FUND BALANCE ASSOCIATED WITH
INCOMPROBLEMSES AND --
ENCUMBRANCES, A PURCHASE ORDER
FOR A FIRE TRUCK AT THE END OF
THE YEAR BUT WE DON'T EXPECT TO
INCUR THAT EXPENSE UNTIL THE
FOLLOWING YEAR WE HAVE TO FIND
MONEY FOR THE PURCHASE OF THE
FIRE TRUCK AND WE GENERALLY HAVE
$3 MILL YIN IN ENCUMBRANCES EACH
YEAR AND IN ADDITION TO THAT
THERE ARE $11 MILLION ASSOCIATED
WITH ACCOUNTS RECEIVABLE AND
WHEN I SAY ACCOUNTS RECEIVABLE,
THINGS LIKE SALES TAX, FEDERAL
REVENUES COME IN THAT WE CAN'T
SPEND IT UNTIL WE RECEIVE IT SO
STATE LAW SAYS YOU MUST RESTRICT
IT AND SET IT ASIDE.
SO THAT'S GENERALLY HOW YOU
WOULD SEE RESTRICTED FUND
BALANCE.
IN ADDITION TO THAT WE HAVE
COUNTY REVENUES WE RECEIVE, ANY
UNSPENT COUNTY RECREATION
REVENUES HAVE TO BE SET ASIDE.
FINALLY SEE THE CATEGORY OF
ASSIGNED FUND BALANCE.
THE FIRST CATEGORY YOU SEE
THERE, FOR SUBSEQUENT YEARS
EXPENDITURES, OF ABOUT
$3.9 MILLION IS THE AMOUNT OF
FUND BALANCE YOU APPROPRIATED
WITH YOUR ORIGINAL BUDGET IN THE
NEW YEAR THAT WE'RE IN NOW.
SO WE ALSO HAVE TO SET THAT
ASIDE AND THEN THERE ARE OTHER
ASSIGNMENTS FOR SPECIAL PROJECTS
THAT WERE BUDGETED AND UNSPENT
OR FOR CAPITAL PROJECTS AS YOU
SEE BELOW THAT WERE ASSIGNED
FUND BALANCE CONSISTENT WITH THE
POLICY YOU HAVE APPROVED.
THAT LEAVES US WITH UNASSIGNED
FUND BALANCE OF $20.2 MILLION ON
JUNE 30, 2012.
JUNE 30, THAT REPRESENTS THAT
ABOUT $14.06% OF ANNUAL
EXPENDITURES, AND AS YOU'RE
AWARE, WE HAVE A 10% UNASSIGNED
FUND BALANCE POLICY THAT WE SAY
OUR EXPECTATION IS NOT TO GO
BELOW THAT THRESHOLD.
SO WE ARE CERTAINLY WITHIN GOOD
STANDING AGAINST THAT STANDARD.
I AM HAPPY TO ANSWER ANY
QUESTIONS YOU HAVE RECORDING
THAT REPORT AND I WOULD ALSO
SHOW YOU IN TERMS OF THE FUND
BALANCE WE DID SOME OF THE FUND
BALANCE REFOUND BECAUSE WE
ACTUALLY SPENT I WOULD ESTIMATE
OVER $3 MILLION AS A RESULT OF
THE TORNADO, AND THAT'S A GOOD
REASON TO HAVE FUND BALANCE SET
ASIDE.
AND WHAT YOU'RE SEEING IS SOME
OF THE FUND BALANCE COMING BACK
TO YOU WITH PAYMENTS WITH THE
FEDERAL AND STATE AGENCIES.
>> FEW QUESTIONS THERE YOU.
>> THANK YOU, MAYOR.
I WANT TO SPEAK BACK IF I COULD
WITH MS. THOMPSON, PLEASE.
>> OKAY.
>> JUST A QUESTION KIND OF
BUZZED IN MY MIND.
I'VE BEEN WORKING ON SOME THINGS
OVER THE LAST FEW DAYS ABOUT US
BEING AS DIVERSE AS POSSIBLE AS
WE CAN AND WE SPOKE ABOUT THIS
YEARS AGOY WHEN I SPOKE TO YOU
ABOUT THIS VERY ISSUE AND I JUST
WANTED TO KNOW WHEN YOU MADE
THAT STATEMENT, I WONDERED THEN
WHAT QUALIFICATIONS WOULD BE
MISSING THAT YOU -- WELL THAT
THERE WAS NO ONE FOUND IN OUR
CITY OR OUR STATE THAT WE COULD
USE.
>> A CPA DESIGNATION NEEDS TO
BE -- NEEDS TO HAVE A HIGHER
DESIGNATION THAN THAT.
YOU HAVE TO BE YELLOW BOOK
QUALIFIED.
THAT MEANS YOU HAVE TO RECEIVE
THE RIGHT AMOUNT OF CONTINUING
PROFESSIONAL EDUCATION AND THERE
ARE THINGS LIKE THAT YOU HAVE TO
DO IN ORDER TO PERFORM AN AUDIT
UNDER THESE AUDITING STANDARDS
SO THERE ARE SEVERAL LAYERS OF
STANDARDS WE APPLY FOR A
GOVERNMENTAL AUDIT AND IT
REQUIRES AN ADDITIONAL SET OF
INDEPENDENT AND CONTINUING
PROFESSIONAL EDUCATION.
SO THOSE WERE THE REQUIREMENTS
THAT WE'RE LOOKING FOR.
SO FOR A FIRM TO MEET THE
REQUIREMENTS THAT YOU'VE SET
ASIDE FOR US TO USE IN ORDER TO
ENCOURAGE THE DIVERSITY, WE ALSO
HAVE TO BE ABLE TO HIT OUR
PROFESSIONAL REQUIREMENTS --
THEY HAVE GOT TO BE ABLE FEW
FILL THE PROFESSION -- TO
FULFILL THE PROFESSIONAL
REQUIREMENTS TO SERVE ON OUR
AUDIT TEAM.
>> SO THIS YELLOW BOOK
QUALIFICATION STANDARDS THAT
YOU'RE SPEAKING OF, SO -- DO YOU
GO OUT AND DO YOU CALL THE
COMPANIES AND ASK THEM IF
THEY'RE YELLOW BOOK, OR IS THERE
A LIST OF ACCOUNTANTS THAT ARE
LISTED AS YELLOW BOOK QUALIFIED?
>> WE CAN REACH OUT TO OUR
ASSOCIATION AND THE STATE TO
FIND OUT, YOU KNOW, WHO SETS THE
DEFINITION, WHICH FIRM SET THE
DEFINITION BECAUSE IN THE STATE
WE DO HAVE TO REGISTER OUR
FIRMS.
SO WE'RE ABLE TO GET THE LIST OF
WHO WOULD BE AVAILABLE TO US SO
WE COULD REACH OUT TO THEM.
AND THERE WAS WHEN WE DID THIS
SEVERAL YEARS AGO WE WERE USING
SOMEONE LOCAL.
>> RIGHT.
>> AND HE WAS HIS LICENSE WAS
REVOKED.
>> WHOA.
>> SO THAT WASN'T JUST THE
YELLOW BOOK.
IT WAS HIS LICENSE TOO.
SO WE COULD NO LONGER USE HIM.
SO AT THAT POINT WE HAVE TALKED
TO FIRMS IN WASHINGTON AND
ATLANTA BUT WE DO LOOK EVERY
YEAR TO SEE IF WE CAN FIND
SOMEONE LOCAL BECAUSE AGAIN WE
UNDERSTAND THE INTENT IS LOCAL
AND DIVERSITY.
>> AND WHEN YOU DO THIS, HOW DO
YOU DO IT?
I MEANT TO UNDERSTAND HOW IS IT
DONE?
YOU LOOK FOR FIRMS, WE LOOK FOR
MINORITY OWNED FIRMS AND THEN WE
WOULD LOOK TO THEIR EXPERIENCE
AND QUALIFICATIONS FOR THIS AND
WE WOULD ASK THEM JUST LIKE YOU
WOULD ASK TO SEE THAT THEY ARE
CERTIFIED THAT THEY DO HAVE THE
YELLOW BOOK REQUIREMENTS THAT
THEY ARE INDEPENDENT SO THE
RULES THEY HAVE TO FOLLOW WE
WOULD MAKE SURE THEY ACHIEVE
THOSE REQUIREMENTS.
JUST LIKE WE TYPICALLY HAVE TO
PROVIDE THAT WHEN WE BID ON AN
AUDIT LIKE THIS.
>> THEN FOR ME ONLY PROBABLY,
WOULD YOU GO ON THE CITY WEB
SITE AND GET MY E-MAIL ADDRESS
AND JUST E-MAIL SOME OF THE
COMPANIES THAT YOU SPOKE THROUGH
THAT FELL THROUGH THE LOOP.
>> SURE.
>> THANK YOU SO MUCH.
>> MR. CRISP.
>> THANK YOU.
MS. SMITH, THAT SLIDE YOU
SHOWED, PAGE E1,.
>> THE FUND BALANCE SLIDE.
>> THERE'S THE ONE.
WHAT'S DOWN AT THE BOTTOM THERE.
YOU LOST ME.
ASSIGNED FUND BALANCE AS A
PERCENT MG OF FISCAL YEAR
EXPENDITURES AND TRANSFERS OUT.
CAN YOU PUT THAT IN LAYMAN TERMS
BRIEFLY?
>> SURE, WELL FIRST OF ALL,
UNASSIGNED FUND BALANCE IS FUND
BALANCE THAT HASN'T BEEN SETS
ASIDE FOR ANY SPECIAL PURPOSE OR
IS RESTRICTED BY LAW.
SO THAT'S BASICALLY YOUR SAVINGS
ACCOUNT.
IT'S AVAILABLE.
>> I GOTCHA.
>> I GOT IT.
>> WE LOOK AT IT AS A PERCENTAGE
OF ANNUAL EXPENDITURES TO GAUGE
HOW HEALTHY WE ARE.
IF WE HAD --
>> THANK YOU, SIR.
>> MS. APPLEWHITE.
>> THANK YOU, MS. SMITH.
>> MS. SMITH, ALMOST A FOLLOW-UP
TO COUNCILMEMBER HAIRE.
THE CPA COMPANY THAT WE
CURRENTLY USE, HOW LONG -- I
HEARD MS. THOMPSON MENTION SHE
BIDS ON THE CONTRACT.
DO WE GO OUT EVERY YEAR AND BID
THIS PROCESS OUT?
IS IT A MULTIPLE YEAR CONTRACT
AND ARE THERE OTHER COMPANIES
WITHIN LOCAL COMPANY THAT ALSO
BID?
>> WE HAVE BID.
IT'S BEEN A NUMBER OF YEARS
SINCE WE'VE BID.
CB&H IS DEFINED BY YOUR POLICY A
LOCAL FIRM, THEY HAVE A STRONG
LOCAL PRESENCE.
THAT WOULD BE SOMETHING
ULGT
ULTIMATELY THAT YOU COULD DECIDE
TO DO IF YOU WISH TO DO.
I THINK WHAT YOU WOULD FIND IS
THERE ARE SIMILAR CHALLENGES FOR
OTHER FIRMS TO MEET.
WHAT WHERE HE CAN DO TO -- WHAT
WE CAN DO TO MEET MR. HAIRE'S
INTEREST IS SEE IF WE CAN REACH
OUT TO SOME OF THE LOCAL CPA
FIRMS AND SHARE WITH THEM HOW
THEY MAY BECOME QUALIFIED UNDER
THE YELLOW BOOK STANDARDS TO
FACILITATE AT SOME POINT MAYBE
THEN BEING ABLE TO MEET THAT
REQUIREMENT.
>> SO IS THIS COMPANY YELLOW
BOOK QUALIFIED WHEN THEY FIRST,
WHEN THEY GOT THEIR FIRST BID?
WHEN THE CONTRACT --
>> ARE YOU SPEAK TO THE MINORITY
FIRM?
>> NO, TO THE COMPANY --
>> THEY MUST MAINTAIN THAT
STATUS EACH AND EVERY YEAR.
>> OKAY.
AND YOU YOU SAID IT'S BEEN SEVEL
YEARS SINCE --
>> II THINK.
>> I KNOW YOU MAY NOT KNOW OFF
THE TOP OF YOUR HEAD BUT WHAT'S
SEVERAL YEARS.
>> I THINK WHEN WE WENT OUT TO
BID IT WAS 2003 OR 2004.
>> SO SINCE 2004 WE HAVE JUST
KIND OF RENEWED THE CONTRACT
WITH THIS COMPANY?
>> WE HAD ACTUALLY REDUCED OUR
FEE WITH THEM ONCE WE STARTED
DOING OUR CAFR OURSELVES SO THAT
REDUCED THE FEE BY ABOUT
$20,000.
AND YES, I MEAN, WE'VE SHARED
THAT EACH YEAR THAT IF IT'S YOUR
INTEREST, WE CAN DO A BID.
THEY ARE A LOCAL FIRM.
BUT WE CAN CERTAINLY TAKE
WHATEVER ACTION IT IS.
>> PERHAPS WE CAN DISCUSS THIS
OFF LINE BECAUSE I THINK THE
DIRECTION FROM COUNCIL WAS TO,
YOU KNOW, OBVIOUSLY LOCAL BUT
ALSO HAVE THE OPPORTUNITY FOR
ALL LOCAL COMPANIES TO
PARTICIPATE SO HAS MAYBE THAT'SA
DISCUSSION FOR ANOTHER DAY.
>> THANK YOU.
>> THANK YOU, MS. SMITH.
I THINK THAT'S EVERYTHING AND WE
WOULD LIKE TO ENTERTAIN A MOTION
TO ACCEPT THE AUDITED
COMPREHENSIVE FINANCIAL ANNUAL
REPORT.
>> SO MOVED.
>> HAVE THAT FOR MR. ARP, SEC
FOR MR. HAIRE, ANY DISCUSSION ON
THE MOTION?
ASK FOR YOUR VOTE, PLEASE.
THAT'S UNANIMOUS.
THANK YOU, MA'AM, AND THANK YOU
STAFF FOR PUTTING ALL THAT WORK
TOGETHER.
WE APPRECIATE IT.
WE'RE UP TO ITEM 8.2.
SALE AND REDEVELOPMENT OF 301
BRAGG BOULEVARD.
MR. HANSON'S WITH -- HAMPTON'S
WITH US.
>> THANK YOU, MR. MAYOR.
GOOD EVENING TO YOU AND COUNCIL.
IF I CAN GET THIS THING TO WORK.
I'LL BRING THIS UP AND DO MY
PART, AND THEN HAVE MR. HUFF
HERE FOR THE PRESENTATION ON THE
DEVELOPMENT.
THE REQUEST TONIGHT IS THE
ADOPTION OF THE RESOLUTION
WITHIN THE AGENDA PACKAGE FTS
THIS IS THE FINAL ACTION
NECESSARY FOR COUNCIL TO CONVEY
THE PROPERTY WHICH IS 301 BRAGG
BOULEVARD ALSO KNOWN AS OLD DAYS
INN, AND ALLOW THE DEVELOPMENT.
SOLICITATION PROCESS FOR THE
SALE IS CONDUCTED THREE TIMES
OVER THE PAST TWO YEARS,
TWO-PLUS YEARS, THE FIRST TWO
WITH NO RESULTS.
THE MOST RECENT CALL FOR
PROPOSAL WAS IN JUNE OF 2012 AND
RESULTED IN CALL FROM PARK VIEW.
WE HAVE CONDUCTED ALL THE LEGAL
NOTICES AND ACTIONS REQUIRED FOR
THE SALE.
AND OTHER DUE DILL DILIGENCE
REGARDING THE DEVELOPMENT
INCLUDING COMPLIANCE WITH UDO
FOR AN INCREASE OF SIX HOUSES
OVER PROPOSAL.
THERE ARE NO UNRESOLVED ISSUES
BETWEEN THE CITY AND THE
DEVELOPER REGARDING ROLES AND
RESPONSIBILITIES FOR THE
DEVELOPMENT.
AND A MASTER DEVELOPMENT
AGREEMENT WIM BE -- WILL BE
CREATED TO GUIDE THE PROCESS AND
DEVELOPMENT FOR THE PROJECT.
AS PART OF THE OVERALL
DEVELOPMENT OF THE SITE THE CITY
WILL DEVELOP FREEDOM TRAIL.
THE SECTION OF TRAIL IS PART OF
THE MASTER TRAIL SYSTEM, THE
DOWNTOWN AREA, AND WILL ALSO
CONNECT TO THE SIDEWALK SYSTEM
ALONG BRAGG AND THE NEW BRIDGE
IN PHASE TWO OF VETERANS PARK.
THE WORK IS BEING COORDINATED
WITH THE DEVELOPER.
I'LL BE GLAD TO ANSWER ANY OTHER
QUESTIONS.
AND WOULD REQUEST COUNCIL ACTION
BEFORE THE PRESENTATION BY
MR. HUFF.
>> THANK YOU, SIR.
ANY QUESTIONS FOR MR. HAMPTON?
OKAY SO YOU WOULD REQUEST WE
TAKE COUNCIL ACTION PRIOR TO THE
PRESENTATION, SIR?
>> YES, SIR.
>> OKAY.
I THINK COUNCIL WOULD PREFER TO
HEAR THE PRESENTATION FIRST.
>> SURE.
FINE WITH ME.
>> MR. MAYOR, COUNCIL.
>> HE'S GOING TO WORK ON THAT
BECAUSE I SURE CAN'T.
THIS IS ALL I GOT, THIS LITTLE
THING RIGHT HERE IN MY POCKET.
KEEPS ME FROM EVER HAVING TO GO
TO THE OFFICE AS MR. BOXWELL
SAID.
WE ARE VERY EXCITED ABOUT THIS
PROJECT AS I THINK I STATED IN
THE NEWSPAPER.
THIS SITE HAS KEPT ME AWAKE AT
NIGHT FOR A COUPLE OF YEARS FOR
TRYING TO FIGURE OUT WHAT WE
COULD DO WITH IT, AND WHEN WE
DID, WE WORKED FOR THE LAST SIX
MIPGHTS -- MONTHS VERY
DILLIANTLY WITH THE CITY TO GO
THROUGH THE, THE PROCESS OF
DESIGN OF THE SITE.
IT ACTUALLY INVOLVED ADDING
UNITS TO THE SITE BECAUSE IT WAS
THE CITY'S VISION TO HAVE THIS
HIGHER DENSITY THAN I HAD
ORIGINALLY PROPOSED.
PROBABLY THE MOST SIGNIFICANT --
TWO SIGNIFICANT THINGS ABOUT THE
PROJECT WAS THAT WE, THAT WE
MOVE THE BIG BUILDING CLOSER TO
THE STREET AT THE REQUEST OF THE
CITY, AND -- BUT WHAT THAT
CREATED WAS A VERY NICE
GREENSPACE BEHIND THE BUILDING
THAT WE DIDN'T HAVE BEFORE.
SO THIS PARK VIEW IS MADE UP OF
MYSELF AND -- I AM YES GOING TO
KEEP TALKING BECAUSE I KNOW YOU
ALL HAVE STUFF TO DO.
PARK VIEW IS -- I'M THE LEAD
PERSON IN THE PROJECT.
I'M GOING TO BE RESPONSIBLE FOR
BUILDING IT AND MARKETING IT.
HAVE A PARTNER OUT OF TEXAS WHO
IS BRINGING BASICALLY THE DOWN
PAYMENT, THE CAPITAL INVOLVED,
TO SATISFY THE BANKS.
AND THE WAY WE HAVE THIS
PLANNED, THE -- WHAT YOU HAVE IN
FRONT OF YOU OR ON THE SCREENS,
IS THIS WHAT THEY'RE LOOKING AT?
WHAT YOU HAVE IN FRONT OF YOU IS
AN ARTISTS RENDERING OF THE SITE
AND, AND WE ACTUALLY -- WE'VE
ORDERED A SCALE MODEL OF THE
SITE TO BE BUILT, AND I HAD
HOPED TO HAVE IT FOR, FOR OUR
MEETING TONIGHT.
BUT WE'RE NOT GOING TO HAVE IT
UNTIL EARLY JANUARY.
BUT THE, THE SITE IS
SELF-CONTAINED, I THINK IF YOU
CAN GO ONTO THE NEXT SLIDE IT'S
GOING TO CONSIST OF THREE
BUILDINGS, THREE BUILDING TYPES.
WHILE HE DOES THAT -- THE THE
BIG BUILDING ON THE FRONT RIGHT
CORNER -- SLIDE IT DOWN JUST A
LITTLE BIT.
THE TOP BUILDING ON THE RIGHT
SAYS PARK VIEW MANOR.
>> THE OTHER WAY?
>> THE OTHER WAY.
>> SORRY.
>> OKAY.
JUST LEAVE IT THERE.
THIS IS THE BUILDING I WANT YOU
TO SEE.
THIS IS PARKVIEW MANOR.
THIS CONSISTS OF 14 UNITS THAT
ARE ALL OF ONE LEVEL.
WHAT YOU'RE LOOKING AT IN MY
MIND IT'S THE BACK OF THE
BUILDING.
THE FRONT OF THE BUILDING FACES
DOWNTOWN, THE THE BACK OF THE
BUILDING FACES INWSHED BUT THER-
INWARD BUT THERE IS A PORTICO
SHARE WHERE YOU CAN TURN AROUND,
DROP PEOPLE OFF UNDER THE
COVERED ENTRANCE AND THERE ARE
14 GARAGES ON THIS SIDE OF THE
BUILDING.
SO EACH UNITS WILL HAVE A GARAGE
ON THE INTERIOR BUILDING.
THE UNITS, ONCE YOU GO INSIDE
THE FRONT DOOR FOR YOUR UNIT,
THEY'RE ALMOST 2400 SQUARE FEET,
AND WHEN YOU FIGURE 2400 SQUARE
FEET THAT'S FLAT WITH NO
STAIRCASES AND ALMOST NO
HALLWAYS, WHAT YOU SEE IN THE
ACTUAL FLOORPLAN BELOW IT IS A
VERY LARGE NICE SPACIOUS UNIT.
IN THIS BUILDING THERE WILL BE A
LOT OF COMMON AREA.
THERE WILL BE A COMMON DINING
ROOM.
THERE WILL BE TWO COMMON SITTING
RULES.
THERE WILL BE AN EXERCISE ROOM.
AND THERE WILL BE A LIKE A, LIKE
A CARD ROOM.
THERE WILL BE ACCESSIBLE TO ALL
OF THE NEIGHBORS THE NEXT SLIDE
IS THE TOWNHOUSE BUILDING.
THERE YOU GO.
1, 2, 3, YEAH, THAT'S THE RIGHT
ONE, IS A TOWNHOUSE BUILDING.
THESE UNITS -- GO ON UP.
THESE UNITS, THERE ARE SIX OF
THOSE AND THEY WILL BE ON THE
FRONT OF THE PROJECT.
AND THEIR 200000 SQUARE FEET
THREE STORY FIRST FLOOR WILL
HAVE A DOUBLE GARAGE AND A
MULTIPURPOSE ROOM THAT WILL WORK
AS A BEDROOM OR A STUDY.
THE SECOND FLOOR WILL HAVE THE
KITCHEN, DINING, SITTING AREA,
AND THEN THE TOP LEVEL WILL HAVE
, WILL HAVE TWO BEDROOMS.
EACH OF THESE UNITS WILL HAVE
THEIR OWN ELEVATOR.
WHEN WE DID 300 HAY, THE
TOWNHOUSES THERE, WE MADE THE
ELEVATORS OPTIONAL AND ALMOST
EVERYBODY OPTED FOR ONE AND WE
HAD TO GO IN AND PUT A LOT OF
THEM IN AFTER THE FACT SO WE'RE
PUTTING THEM IN FROM BEGINNING
HERE.
THESE UNITS ARE, AS I SAID, ARE
2900 SQUARE FEET.
THEY ARE GOING TO BE VERY
SPACIOUS.
THE TARGET MARKET FOR THE MANOR
BUILDER AND THE TOWNHOUSE HERE,
THEY ARE BASICALLY THE SAME
TARGET BECAUSE THESE ARE GOING
TO BE PRICED SOMEWHERE IF IN TH,
BETWEEN THE 350 AND 400 RANGE.
THEY WILL BE MOSTLY EMPTY
NESTERS.
PRIMARILY IS THE TARGET MARKET.
BUT SOME PEOPLE WANT TO BE ON
FLAT SERVICE AND SOME PEEP WANT
TO HAVE A CONTROL SERVICE WHERE
THERE'S NOBODY ABOVE THEM OR
BELOW THEM.
IT'S JUST PEOPLE WILL CHOOSE THE
LIFESTYLE THEY WANT.
THEN WHEN WE GO TO THE WHAT WE
CALL THE LOSS, THAT'S THE THIRD
BUILDING TYPE.
THERE WE GO.
THAT'S GOOD.
ALTHOUGH THIS DOESN'T LOOK THE
SAME, BUT FROM THE INTERIOR,
THIS IS VERY SIMILAR TO THE LAST
10 HOUSES WE BUILT AT THE 300
BLOCK.
WHAT WE DID DO HERE BECAUSE WE
HAD ROOM HERE IS WE MADE THE
GARAGES GARAGES INSTEAD OF
CARPORTS, AND WE PULLED OUT THE
FRONT SECTION OVER THE FRONT
DOOR WHICH MAKES THE SPACE ON
THE INSIDE A WHOLE LOT BETTER
BECAUSE WE'VE GOT A HALF BATH IN
THERE.
BUT THESE ARE AROUND 1500,
BETWEEN 15 AND 1600 SQUARE FEET
TWO BEDROOMS, TWO AND A HALF
BATHS.
THERE ARE 27 OF THESE, AND THESE
WILL BE WHERE THE YOUNG PEOPLE
LIVE.
THESE WILL BE PRICED IN THE 240
RANGE.
AT 300 HAY, THE TEN UNITS WE
BUILT THERE, VIRTUALLY EVERY ONE
OF THOSE TEN, TEN UNITS ARE
OCCUPIED BY PEOPLE THAT ARE
UNDER 40.
SO THIS IS WHERE I REALLY THINK
WE WILL HAVE SOME DIVERSITY IN
OUR AGE MIX AT THE PROJECT.
OUR PLAN IS TO BUILD ONE OF EACH
BUILDING TYPE NISHERALLY SO THAT
WEAL -- INITIALLY SO WE WILL THE
MANOR, THE TOWNHOUSE AND THE
LOFT, A BUILDING OF EACH IN
FEIGN -- PHASE ONE.
THE LAST THING I NEED TO
BASICALLY SAY IF YOU'LL GO TO
THE SITE PLAN IS I'M HAPPY TO
SAY THERE'S NO RETENTION POND
REQUIRED ON THIS SITE.
[LAUGHTER]
AND WE'RE GOING TO OUTLAW KIDS
SO EVEN IF WE HAD ONE, WE'RE NOT
GOING TO OUTLAW KIDS.
WE ARE GOING TO HAVE A DOG PARK
AND WE'LL PUT A FENCE AROUND
THAT TO KEEP THE DOGS IN.
BUT THERE IS NO STORMWATER
RETENTION REQUIRED ON THIS SITE
BECAUSE THE HOTEL THAT WAS THERE
BEFORE COVERED SO MUCH OF THE
SITE THAT WE'RE ACTUALLY USING
LESS SITE.
I WILL SAY ONE THING IF YOU WILL
JUST SLIDE IT DOWN.
-- IF YOU JUST LOOK ON THE SITE
PLAN IN YOUR PACKET BEHIND THE
BIG BUILDING, WE WERE ABLE TO
CREATE KIND OF A VILLAGE GREEN
SPACE BEHIND THE BUILDING, AND
AS MUCH AS I WAS OPPOSED TO MOVE
THE BUILDING FORWARD INITIALLY,
NOW WITH THIS VILLAGE GREEN
SPACE, WE'RE GOING TO HAVE
PEOPLE TO -- SOME PEOPLE ARE
GOING TO WANT TO TAKE THE
DOWNTOWN VIEW OF THE CITY BE ON
THE FRONT, AND SOME PEOPLE ARE
GOING TO WANT TO HAVE THE QUIET
AND THE VIEW OF THE PARK ON THE
BACK.
SO FROM A MARKETABILITY
STANDPOINT I REALLY THINK THE
BACK UNITS ARE MORE MARKETABLE
WITH THIS DESIRE THAN WHAT WE
HAD -- DESIGN THAN WHAT WE HAD
ORIGINALLY.
THAT SAID, WE ARE -- WE'RE
ENGINEERING AS HARD AS WE CAN.
WE ARE DESIGNING PLANS AS HARD
AS WE CAN, AND IT IS OUR HOPE
THAT WE CAN PUT A BULLDOZER ON
THE SITE IN THE LAST HALF OF
JANUARY, AND IF WE CAN DO THAT,
THEN WE WILL START BUILDING
THESE TWO BUILDINGS ON THE FRONT
FROM THE FRONT ON THE GRASS OUT
THERE WHILE WE'RE WORKING ON THE
SITE AND I WOULD LIKE TO SAY
THAT IT'S OUR INTENT TO HAVE ONE
OF THE FIRST THREE BUILDINGS
COMPLETE BY THIS TIME NEXT YEAR.
AND WE'RE REALLY SHOOTING FOR
LATE FALL, IF WE CAN GET STARTED
RIGHT AFTER THE FIRST OF THE
YEAR.
I WOULD BE GLAD TO ANSWER ANIES
YOU HAVE.
>> WE HAVE A FEW.
MR. CRISP, MS. AMYL WHEN --
APPLEWHITE.
>> YOU GOING TO PUT SOME
BARBECUE GRILLS ON THE VILLAGE
GREEN?
>> YES, SIR.
>> MY QUESTION IS WITH REGARDS
TO THE STAFF AT THE PROPERTY
AFTER IT WAS BRIEFED AT OUR WORK
SESSION HOW MUCH, WE BROUGHT THE
LAND FORWARD, DEMOLISHED IT, THE
PAPER REPORTED IT.
IT HAD NEVER BEEN SAID PUBLICLY
AND THEN HOW MUCH WE SOLD IT FOR
TO BE DEVELOPED.
CAN SOMEONE FROM STAFF ADDRESS
THAT BECAUSE THERE'S A WHOLE LOT
OF NUMBERS FLOATING OUT THERE?
RIGHT BECAUSE THERE IS A
PERCEPTION WE HAVE SOLD THE LAND
FOR LESS THAN WHAT WE PAID FOR
AND, YOU KNOW, YOU TRY TO GET
ACROSS THAT WE DEMOLISHED A
BUILDING.
CAN SOMEONE INFORM OUR CITIZENS
OF THAT?
>> WHEN WE PURCHASED THE
PROPERTY, THE HOTEL WAS TORN
DOWN.
SO WE DIDN'T SPEND ANY OF THE
MONEY PURCHASING DEMOLITION ON
HOTELS.
SO THAT WAS ALREADY TORN DOWN.
>> THE CITY DIDN'T PAY FOR THE
DEMOLITION?
OO WELL, WE PAID A PROCESS FOR
THE PROPERTY, BUT THAT INCLUDED
DEMOLITION OF THE HOTEL.
WE HAD THE PROPERTY REAPPRAISED
ABOUT A YEAR AGO BY A LOCAL
APPRAISER, AND THAT'S WHAT WE
SOLD THE DEVELOPER THE PROPERTY
FOR.
IT'S WHAT IT WAS APPRAISED FOR.
IT DID APHRASE FOR A LITTLE LESS
THAN WHAT WE BOUGHT IT FOR.
I THINK ABOUT $10,000 LESS.
I DON'T HAVE THE EXACT FIGURES
BUT I CAN CERTAINLY GET THOSE.
BUT WHAT WE SOLD THE LAND TO
THIS DEVELOPER FOR IS WHAT WE
ASKED FOR AND THE REQUEST FOR
DEVELOPMENT PROPOSALS.
SO HE MET THE OFFER.
>> I THINK THE COMMUNICATION WE
GOT WE'RE INTEREST INTERESTED IN
NUMBERS.
MR. SLOR HAS, DO YOU HAVE THOSE
NUMBERS?
I THINK IT WAS --
>> I DON'T HAVE THAT SITTING
RIGHT HERE BUT I AM CERTAIN WE
CAN GET THAT INFORMATION.
I KNOW THERE WAS SOME E-MAIL
COMMUNICATION SOME WEEKS AGO
WITH SOME QUESTIONS LIKE THAT.
I JUST DON'T HAVE IT RIGHT AT MY
FINGERTIPS.
>> ALL RIGHT.
THANK YOU.
>> ANY OTHER QUESTIONS?
>> THERE WAS A SMALL PORTION WE
WERE RETAINING BECAUSE WE WANTED
TO DEVELOP THAT AS A PART OF THE
TRAIL?
>> YES, SIR.
THAT'S CORRECT.
ORIGINALLY THE SIZE OF THE
PROPERTY WAS MORE THAN 5 ACRES
AND WE'RE SELLING FOR 4 1/2.
SO WE TOOK THE APPRAISED PRICE
OF THE PROPERTY, DIVIDED IT BY
THE ACREAGE, AND THAT'S WATT WE
SOLD TO PARKVIEW FOR THAT PRICE.
>> MS. DAVY.
>> I WOULD LIKE TO MAKE A MOTION
AS WE ADOPT THE RESOLUTION AS
ATTACHED AND MOVE FORWARD WITH
STAFF RECOMMENDATION.
>> IS THERE A SECOND TOMIZE --
TO MS. DAVY'S MOTION?
THANK YOU, MR. HAIRE.
ANY DISCUSSION ON THE MOTION,
COUNCIL?
LET ME ASK FOR YOUR VOTE, PLEASE
>> OKAY, WE WILL MOVE TO ITEM
8.3 RECOMMENDATION OF
APPOINTMENTS TO THE PUBLIC WORKS
COMMISSION
C1
>> SPEAK WITH EACH OF THE
FINALIST.
THOSE PHONE INTERVIEWS WERE MAD
ON FRIDAY AND MONDAY DECEMBER
THIRD.
AT THE SECOND MEETING WE
RECEIVED FEEDBACK FROM HIM AND
MR. INVESTOR HE'S.
THEN THE MOTION TO NOMINATE
SMITH AND GREEN WHICH REACHED
UNANIMOUS CONSENT SO WITH THAT I
MOVE FOR DOWN UNTIL SO, ACCEPT
IT THAT THROUGH AUGUST OF 2014
TO MR. WICK SMITH.
>> THOUGHT TERM.
O
OKAY.
>> HOW ARE WE GOING TO DO THE TO
NOMINATIONS?
>> NOW NOW.
WE'LL DO ONE SEED AT A TEAM
BECAUSE THEY'RE DIFFERENT TERMS
AND THIS ONE EXPIRED IN 2014.
MR. TERRY UNION SEAT.
THANKS FOR YOUR SERVICE SO.
THE SEAT EXPIRED ON AUGUST 2014
ONE NOMINATION.
MR. WICK SMITH.
>> BEFORE I NOMINATE CAN I ASK
QUESTIONS?
>> TO MR. INVESTOR HE'S.
PLEASE COME UP TO THE FRONT,
SIR.
SINCE AND I DON'T SEE, THIS WAS
RATHER THE FIRST TIME I CAN
REMEMBER THAT - NOT SAYING WE
HAVEN'T DONE IT BUT THAT I CAN
SOMEWHAT REMEMBER THAT WE HAD
OUR CITY MANAGERS, CITY MANAGER
AND THESE O TO CALL AND MAKE
CALLS TO THE CANDIDATES.
>> I HAD A STRUCTURED
CONVERSATION WITH EACH CANDIDAT
WITH THE INTENT OF A SERIES OF
TOPICS RELATED TO THE SAME POINT
BUT DID NOT HAVE SPECIFIC
QUESTIONS.
MY INTEND WAS TO HAVE THE
CONVERSATION TO COVER THE SAME
TOPICS WITH EACH CANDIDATE.
>> AS I LOOK BACK A FEW WEEKS
AGO.
WE HAD A MEETING CONFERENCE TYPE
THING OVER IN SPRING LAKE WHERE
WE TALKED ABOUT KNICKS AND
PERCEPTIONS AND WHAT BROUGHT
WHERE I'M GOING TONIGHT WITH
THIS - CANDIDATE.
WICK SMITH, QUESTION TEN, AND
I'M PRETTY SURE YOU ASKED THAT
QUESTION OR WERE AWARE OF IT.
>> I'D HAVE TO MAKE REFERENCE TO
IT I DON'T HAVE IT WITH ME.
>> YOU HAVE IT WITH YOU?
>> I DON'T.
>> QUESTION TEN SAYS PLEASE
DISCLOSE ANY PERSONAL
PROFESSIONAL/BUSINESS OR
POLITICAL RELATIONSHIPS WITHPWC
SI COUNCILMEMBERS SLATEED FOR
DELEGATION THAT WOULD CREATE TH
PERCEPTION OF UNDUE INFLUENCE OR
CONFLICT OF INTEREST.
NOW MR. SMITH DID ANSWER THAT
QUESTION AND WITH THE BUSINESS
THAT HE DOES AND THE WEB
INTERNET DECIDE, HE DID ANSWER
THE QUESTION AND TELL THAT HE
DID BUSINESS WITH THE CITY
FAYETTEVILLE AND FOR A NUMBER O
FOLK THAT COME AND WEB-SITES FO
WHICH COUNCIL MEMBER IS APART O
AND HE ALSO DID WEBSITES FOR
SINGLE SOURCE WHICH IS THE
MAYORS BUSINESS AND MAYORS
WEBSITE AND ON AND ON.
THE REASON I BROUGHT THIS UP IS
WHEN WE HAD THAT CLASSED, WE
TALKED ABOUT PERCEPTION AND WHEN
YOU LOOK AT THAT AND YOU SAY YO
DON'T HAVE THE QUESTIONS WITH
YOU BUT I'M PRETTY SURE YOU'RE
AWARE OF THE BOOK THAT WAS
BROUGHT TOGETHER BY OUR
COMMITTEE.
ISN'T PERCEPTION ENOUGH TO KIND
OF THROW A LITTLE LOOPHOLE IN
THERE.
A LITTLE HOW BUSINESS IS GOING
TO GO?
HERE IT IS SOMEONE THAT WANT TO
SERVE ON THE BOARD EVEN THOUGH
HE STATES AND DOESN'T HAVE THE
RUNNING CONTRACT BUT STILL HAS
DONE JUST BUSINESS THERE.
THAT THROWS UP FOR ME, READING
THIS A PERCEPTION OF - WE'LL
PERCEPTION OF UNFAIR BUSINESS
DEALINGS AND WHEN I SAW THAT AN
THEN IT DID ASK, ALSO ASKED TO
DISCLOSE ANY PERSONAL CONTACT
EVENTHOUGH HE DID MENTION THE
BUSINESSES THAT I JUST MENTIONE
BUT NOT ACTUALLY THE MAYOR'S
NAME FOR EXAMPLE SO THAT BROUGH
ABOUT THIS EXAMPLE OF THE
ETHICAL LEAD OF THE DIRECTION W
WANT TO GO ESPECIALLY WITH THE
BOARD IT WANTS TO SERVE ON.
ALSO, WELL, ANSWER THAT PART AN
I GO TO MY NEXT QUESTION.
>> I THINK WHAT I'LL DO IS
EXPLAIN MY ROLE IN THE PROCESS
COUCILMEMBER.
I'M NOT SURE I'M THE GUY.
THE SUB COMMITTEE SELECTED FIVE
I GUESS, FINALISTS, USING THE
QUESTIONS THE WRITTEN DOCUMENTS
THE APPLICANT SUBMITTED SO THE
COMMITTEE HAD ACCESS TO ALL THA
INFORMATION AND USED THEIR BEST
JUDGEMENTS TO ADVANCE FIVE
CANDIDATES.
I DID NOT VIEW MY ROLL IN
LOOKING INTO ANYTHING.
ANY QUESTION TEN OR ANY OTHER
QUESTION.
I VIEWED MY ROLE AS DELVING INTO
THE DEPTH OF UNDERSTANDING
AROUND A PRETTY SINGLE - YOU
KNOW FOCAL POINT AND THAT IS,
WOULD THE APPLICANTS BE WILLING
TO USE THEIR BEST EFFORTS AS AN
APPOINTEE TO MOVE THE PUBLIC
WORKS COMMISSION AND IT'S MROERS
TO BE MORE IN LINE WITH CITY
COUNCIL.
ALL MY QUESTIONS WERE GEARED TO
ASSESSING THAT AND IT WAS AROUND
THE UNDERSTANDING OF THE
AFFORDABLE CONTRIBUTION TO THE
MISSIONS AND THE ORGANIZATIONAL
CONTRIBUTIONS TO THOSE GOALS AND
OBJECTIVES.
>> WHEN WE START PUTTING THESE
TOGETHER AND I GUESS I'M JUST
TALKING OVERALL SINCE YOU CAN'T
HELP ME IN ANSWERING.
OKAY.
THEN MY NEXT QUESTION, AS WE GO
ABOUT DOING BUSINESS THROUGHOUT
THE CITY WITHPWC.
IF YOU LOOK AT MR. SMITH'S
WEBSITE, A LOT OF OUR MAJOR
BUSINESS AND DEVELOPERS ARE
LISTED AND I WONDER IF THAT
WOULD MAKE IT - I MEAN HOW DO
YOU WORK BOTH OF THEM?
>> HE'S NOT ONE MAKING
APPOINTMENTS IF YOU HAVE A
QUESTION I WOULD SAY ASK THE
COMMITTEE WHO MADE - IT'S NOT
FAIR TO HIM.
>> I'LL ASK THE COMMITTEE.
I'LL JUST ASK THE CHAIRMAN.
WHEN I LOOK AT FOR EXAMPLE THIS
WEBSITE AND I SEE SOME OF THE
NAMES I'VE MENTIONED AND THEY
ARE, YOU KNOW JUST A NUMBER.
I DON'T WANT TO NAME ALL OF THE
BUT SOME OF THE ONES AS FAR AS
WE DO DEVELOPMENT HERE AND IN
DOING DEVELOPMENT OUR PRC
COMPANIES DOES THAT AND GOING
OUT AND TO BRING WATER AND SUEER
FOR THERE.
I FELT THAT WAS A LITTLE
PERCEPTION OF THAT WAS UNETHICA
IN US TRYING TO PUT THIS
CANDIDATE ON THE BOARD.
>> MR. O'HARE AS NOTED IN HIS
APPLICATION ON ANSWER TO TEN, HE
HAD DONE IN THE PAST AND DOES
NOT HAVE ANY OUTGOING CONTRACT
GOING ANY FURTHER.
BECAUSE I DID BUSINESS WITH THE
CITY WOULD THAT MEANT I CAN'T B
NOMINATED AT THE TIME TO SERVE?
NO.
BOB COGS WELL THE CITY ATTORNEY
AT THE TIME CLEARED THAT NOT
BEING CONFLICT OF INTEREST AND
I'M SURE ANYTHING RAISED BY CIT
COUNCIL TO THAT WOULD PUT IT
BEFORE THEM AND IF HE IS, HE'S
NOT BEEN SELECTED TO NIGHT BUT
IF HE IS SELECTED TO NIGHT I'M
SURE ANY QUESTIONABLE DEALINGS
OF RELATIONSHIPS THAT HE WOULD
HAVE THAT WAS A TO BE REALIZED
TO THAT WOULD RECTIFIED BEFORE
HE TOOK OOVS IN JANUARY.
>> THANK YOU.
>> MR. MAYOR CAN I COMMENT?
>> I HAVE A FEW OTHERS.
>> DID THAT WEBSITE SAY WHEN TH
WORK WAS DONE WHEN HE WORKED ON
THEIR WEBSITES?
LAST WEEK.
TWO YEARS, FIVE YEARS AGO?
YOU CAN'T PENALIZE SOMEONE FOR
BEING A SUCCESSEST UP BUSINESS
PERSON.
DID IT SAY WHEN THE WORK WAS
DONE?
>> NO, JUST THE NAME AND THE
SIGHT.
>> DID IT SAY IF HE GOT IED OR
DID IT FOR FREE.
>> I'M PRETTY SURE HE GOT PAID.
>> YOU'RE QUESTIONING HIS
ABILITY TO BE IMPORTION BECAUSE
HE HAS A SUCCESSFUL BUSINESS DI
HE GET PAID OR DO IT AS A FAVOR
SCRATCH MY BACK AND CUT ME A
CHECK OR SOMETHING.
BUT SOUNDS LIKE HE IS A SUCCESS
FULL BUSINESS PERSON.
DO WE WANT THAT OR SOMEONE THAT
FILED BANKRUPT EVERYIER.
THAT'S MY TAKE.
>> MR. INVESTOR HE'S.
AT OUR FIRST MEETING AT THE
COMMISSION MEETING.
WHEN THE PROCESS.
MY QUESTION IS TO DO WHAT THE
PROCESS AND MOST OF YOU KNOW I
DID SIT ON THE MEETINGS IN THE
LAST TERM AND CHOSE NOT TO SERV
ANYMORE.
AT THIS MEETING WE HAD A NEW
PROCESS TO HAVE YOU GO OUT AND
ASK QUESTIONS OF THE LAST FIVE
CANDIDATES, THAT HAD NEVER BEEN
DONE BEFORE SO I WAS SURPRISED
BUT WITH THAT BEING SAID.
UNCOMFORTABLE WHEN WE MAKE
THINGS UP ON THE FLY.
WITH THAT BEING SAID IN THE
MEETING I DID ASK SPECIFICALLY
AND THE RESPONSE WOULD BE.
I DID SEND AN E-MAIL AND
OPPORTUNITY TO COMMUNICATE WITH
THAT.
THE REASON IT WAS IMPORTANT TO
ME AND IN THE MEETING WAS TO USE
RESPONSES IN ADDITION TO THE
RESUMES THAT ENTIRE COUNCIL HAS
HAD AND TRYING TO UNDERSTAND HOW
YOUR DECISION TO COME BACK TO
THE COMMITTEE TO SELECT THESE
TWO.
BEST I CAN TELL IS THE THAT THE
QUESTIONS WERE NOT WRITTEN DOW
AND NOT ANY WRITTEN RESPONSES
THAT THE COUNCIL CAN REFER TO,
TO SUPPORT WHA C1
>> SO THE POINT I AM TRYING TO
MAKE IS I SPECIFICALLY ASKED FO
WRITTEN QUESTIONS AND THE
ANSWERS AND THAT WAS NOT DONE.
IS THAT CORRECT?
I WAS TOLD IN THE MEETING IT
WOULD BE.
I'M NOT TRYING TO BED A VER --
TO BE ADVERSARY AL.
>> NEITHER ONE OF US HAVE A
PACKAGE OF WRITTEN QUESTIONS AND
DOCUMENTATION OF RESPONSES IN
SUCH A MANNER WE COULD PROVIDE
THEM TO COMMITTEE OR COUNCIL.
>> THANK YOU, SIR.
SO MY NEXT QUESTION IS TO THE
CHAIR.
WE DO A GREAT JOB OF SUMMARIZING
AND PROVIDING INFORMATION ABOUT
THE PROCESSES AND THESE
CANDIDATES.
COUNCIL MEMBER HURST, WERE YOU
ABLE TO PROVIDE A SUMMARY OF
THEIR FINDINGS, AND I DIDN'T
HAVE A CHANCE TO GO TO THE
MEETING, A WRITTEN RESPONSE THA
YOU CAN SHARE WITH THE REST OF
THE COUNCIL SO WE COULD PERHAPS
SUPPORT YOUR NOMINATION WITH THE
SAME UNDERSTANDING?
>> AT THE DECEMBER WORK SESSION
I MENTIONED TO THE APPOINTMENT
MEMBERS THAT THE JOB WAS
COMPLETED, THE PHONE
CONVERSATIONS, ASSESSMENT,
IMPRESSIONS WAS COMPLETED BY
BLANCHARD AND VOORHEES.
WE WOULD MAKE SURE THEY WOULD BE
IN ATTENDANCE THE NEXT MORNING
AT 9:30, DECEMBER 4th.
THEN MR. BLANCHARD WAS THERE MR
VOORHEES WAS THERE AND MR. CRIS
HAD ASKED FOR THEIR ASSESSMENT.
MR. BLANCHARD SPOKE FIRST.
MR. VOORHEES SPOKE SECOND.
THEY WERE THERE TO GIVE US THEI
IMPRESSIONS AND THOUGHTS BUT NO
WHO THEIR SELECTIONS WERE.
IT WAS UP TO THE COMMITTEE TO DO
THAT.
OF COURSE, IT WAS AN OPEN
MEETING.
COUNCIL MEMBER FOWLER WAS THERE
AND ANDREW BARKSDALE WITH THE
OBSERVER.
THEN CAME MR. CRISP'S MOTION.
>> CAN I ASK, SIR, IF YOU DO
RECALL IF THE QUESTIONS WERE TO
BE THE SAME AND IF THEY WERE
ANSWERED WHY THEY WERE NOT
PROVIDED?
>> I KNEW MR. BLANCHARD ASKED
SOME SET QUESTIONS.
THESE COMMISSIONERS ARE HIS
BOSSES.
I THINK MR. VOORHEES' STYLE IS
PERHAPS LETTING THE CONVERSATION
GO WHERE IT IS, IS MY ASUMPX.
-- ASSUMPTION.
HE DID NOT HAVE ANYTHING
WRITTEN.
THEY DID NOT TAPE THE
CONVERSATION.
THEY JUST TOOK NOTES.
YOU HAVE THE CEO OF PWC, LIKE
THE COMMISSIONERS, WHAT IS
REQUIRED, WHAT THE
RESPONSIBILITIES AND DUTIES ARE,
AND MR. VOORHEES, WE AS A
COUNCIL WANT TO BE SURE WE HAVE
PWC COMMISSIONERS THAT FIGHT FOR
OR ARGUE FOR OUR GOALS FOR THE
CITY COUNCIL.
>> THANK YOU.
>> MAKE SURE THEY ARE ADHERED
TO.
>> I THANK YOU FOR THAT
RESPONSE.
I DID ASK FOR THEM TO BE
WRITTEN.
MY LAST QUESTION WOULD BE TO YOU
AS THE CHAIR, DURING OUR LAST
TERM WHEN I SAT ON THE BOARD
WITH YOU AND COUNCIL MEMBER
CRISP AND THE MAYOR, I THINK WE
HAD THE OPPORTUNITY TO REAPPOINT
AT LEAST, I BELIEVE TWO
COMMISSIONERS, ONE IF NOT TWO.
WE HAD NEVER ENGAGED IN THE
PROCESS OF ASKING THE CITY
MANAGER NOR FOR CEO TO
INTERVENE.
SINCE THIS WAS NEW, WAS THIS
YOUR IDEA TO DO THIS?
WAS IT SPONTANEOUS?
HOW DID WE GET TO THE POINT
WHERE WE INJECT A COMPLETELY
DIFFERENT PART OF THIS PROCESS
WITH LITTLE OR NO NOTICE?
WAS THAT YOUR RECOMMENDATION,
SIR?
>> YES, MS. APPLEWHITE, THE
REASON FOR THIS PRESENTATION WAS
MADE AT THE WORK SESSION AND
COUNCIL APPROVED THE PROCESS IS
BECAUSE THIS WASN'T LIKE IN MS.
UNION'S APPOINTMENT AND IN MR.
OLIVERA'S APPOINTMENT, A
REAPPOINTMENT FOR THEIR FINAL
THIRD TERMS.
THIS WAS BRAND NEW APPOINTMENTS
FOR PWC.
WE FELT THE PROCESS NEEDED TO BE
MORE EXTENSIVE AND CERTAINLY
HAVE CITY COUNCIL MEMBERS' INPU
WHICH WAS VALUABLE.
THAT IS WHY THIS PROCESS WAS A
LITTLE BIT DIFFERENT.
AS WILL BE THE CASE WHEN MR.
WILSON LACEY IS UP FOR
NOMINATION.
I WOULD ENCOURAGE THE COUNCIL TO
TAKE THIS PROCESS.
REAPPOINTMENTS ARE DIFFERENT.
WE DO HAVE INPUT FROM DEPARTMENT
HEADS AT OUR APPOINTMENTS
COMMITTEE MEETING.
THEY ARE NOT IN WRITING.
THEIR PERSONAL ASSESSMENTS AND
FEEDBACK OF CURRENT MEMBERS
AND/OR APPLICANTS AND WHERE THEY
FEEL THERE IS A NEED OR CRITERIA
FOR CERTAIN APPOINTMENTS.
WE DO ENCOURAGE OUR DEPARTMENT
HEADS TO PROVIDE FEEDBACK.
>> I GUESS THAT IS WHERE WE
DIFFER WHEN I WAS ON THE
APPOINTMENTS COMMITTEE, I LOOKED
AT EACH REAPPOINTMENT AS A NEW
APPOINTMENT, NOT GIVING ANYONE
AN ADVANTAGE, SO THANK YOU.
>> MR. MAYOR, I'M CONCERNED
ABOUT QUESTIONS OF PEOPLE'S
ETHICS WITHOUT ANY SPECIFIC
REASON TO HAVE THAT.
THE SECOND THING IS WE HAVE BEE
WORKING VERY *** A POLICY
WHERE WE TRY TO HIRE LOCALLY.
AS A MATTER OF FACT, THERE HAVE
BEEN SEVERAL QUESTIONS ABOUT
HIRING LOCALLY.
IF YOU GET HIRED LOCALLY, IT
PUTS YOU IN AN ETHICAL QUESTION
AS TO WHETHER OR NOT YOU CAN
SERVE ON A COMMISSION FOR THE
CITY.
THAT WOULD BE A VERY BAD
PRECEDENT TO SET.
AS FAR AS GETTING TO KNOW THE
PEOPLE THAT ARE UP AS A
COMMISSIONER, I DON'T KNOW ABOU
THE OTHER MEMBERS OF THE
COUNCIL, BUT I DID MY OWN
PERSONAL INTERVIEWS WITH TWO OF
THE MEMBERS WHO ARE SITTING HERE
WHOSE NAMES WERE PRESENTED.
ONE WAS NOT IN THE FINAL FIVE,
ONE WAS.
ONE THAT I SPOKE TO WAS MR.
SMITH.
I WOULD LIKE TO SPEAK TO, I
THINK, HIS ABILITY.
I THINK HE HAS TREMENDOUS
ABILITY AND I THINK HE IS A VERY
ETHICAL MAN WHO WOULD DO A GREAT
JOB.
I THINK IF WE ARE GOING TO SAY
WE WANT TO HIRE LOCALLY, WE
SHOULDN'T TRY TO EXCLUDE THEM
FROM BOARDS BECAUSE THEY DID
BUSINESS WITH THE CITY OR DID
BUSINESS WITH PEOPLE WHO DO
BUSINESS IN THE CITY.
>> I HEARD THE MOTION BY HURST
BUT I DIDN'T HEAR A SECOND.
WAS THERE A SECOND MR. MAYOR?
THE REASON I ASKED IF THE MOTION
IS NOT SECONDS, IT IS NOT
OFFICIAL.
ONCE THE MOTION IS OFFICIAL WE
CAN MAKE COMMENTS AS WELL AS ASK
QUESTIONS.
I HAVE SOME COMMENTS.
I SERVED ON THE APPOINTMENTS
COMMITTEE AND I MADE THE MOTION
TO ACCEPT THEM.
I DID THAT BASED ON THE
KNOWLEDGE I HAD AT THE TIME.
WHAT THEY HAD SUBMITTED IN TERMS
OF APPLICATIONS AND WHAT I HEAR
FROM MR. BLANCHARD AND THE CITY
MANAGER.
SINCE THAT TIME I HAVE BEEN
EXTREMELY CONCERNED ABOUT THE
VERY CLOSE RELATIONSHIP VIABLE
BUSINESS RELATIONSHIP BETWEEN
MR. SMITH AND THE MAYOR AND MR.
HURST, PWC HOME BUILDERS AND AL
OF THAT.
YOU KNOW, WE HAVE TO RECOGNIZE
THAT PERCEPTION SOMETIMES IS A
PROBLEM.
AND AT THIS POINT I JUST, I
CANNOT ENDORSE MR. SMITH FOR
THAT POSITION.
THANK YOU.
>> SINCE I'M A MEMBER OF THE
COMMITTEE AND MY NAME HAS BEEN
USED A COUPLE OF TIMES TONIGHT
MR. SMITH IS IN THE BUSINESS OF
MAKING WEBSITES, A LOCAL COMPANY
THAT DOES THAT.
AND MADE ONE FOR ME AND PROBABL
HUNDREDS OF PEOPLE IN OUR
COMMUNITY AND PROBABLY FOUR
YEARS AGO IF NOT LONGER.
HE COMPLETED HIS APPLICATION
HONESTLY AND COMPLETELY.
IS IT JUST BECOME THIS NET SUM
GAME IF I'M NOT SUPPORTIVE OF
SOMEONE I'M WILLING TO TEAR THE
APART PUBLICLY?
SOMEONE THAT COMPLETED THE
APPLICATION PUBLICLY AND WENT
THROUGH HIS RECORDS TO SEE IF HE
DID A WEBSITE FOR ANYBODY ON
THIS CITY -- IS ANYBODY IN OUR
CITY GOING TO WANT TO BE UP TO
THAT SCRUTINY, ALLEGED THAT IS
UNPROFESSIONAL AND UNETHICAL.
>> I DIDN'T USE THE WORD
UNETHICAL.
>> IT IS UNFORTUNATE THAT WE
HAVE GOTTEN TO THIS POINT.
I APOLOGIZE TO CANDIDATES THOSE
HERE TONIGHT AND THOSE IN OUR
CITY WHO HAVE INTEREST IN BEING
IN A COMMISSION.
I APOLOGIZE FOR THIS BEHAVIOR
AND UNWARRANTED QUESTIONS.
THAT IS ME SPEAKING.
ARE THERE OTHER NOMINATIONS FOR
THIS PARTICULAR POSITION AND GE
THROUGH VOTING AND NOT BELABOR
THIS.
>> DID YOU HAVE ONE?
>> MITCHELL COLTON.
>> LET'S GET A SECOND OF THAT.
>> ALL RIGHT, MS. APPLEWHITE,
THANK YOU.
ARE THERE OTHER NOMINATIONS.
>> MS. CHERYL LEWIS.
>> IS THERE A SECOND TO THAT.
>> SECOND.
>> OKAY.
WI HAVE MR. COLVIN, MR. SMITH
AND MS. LEWIS.
WE'RE DOING THE TERM THAT
EXPIRES IN AUGUST OF 2014.
THIS IS MS. UNION'S TERM.
OKAY.
WE ARE GOING TO -- EVERYONE GET
ONE VOTE.
WE WOULD ASK THAT EVERYONE VOTE
AND CALL THE NAMES OUT IN THE
ORDER OF WHICH THEY WERE
RECEIVED AND WE WILL MOVE ON TO
THE NEXT ONE.
THE FIRST NAME WE RECEIVED WAS
MR. WICK SMITH.
I WILL ASK YOU TO VOTE ON THAT.
YOU ONLY HAVE ONE GREEN LIGHT IF
YOU ARE SUPPORTING MR. WICKS
SMITH.
>> MR. SMITH HAS ONE, TWO,
THREE, FOUR, FIVE, SIX VOTES.
I'M SORRY.
MR. COLVIN.
>> MR. MAYOR, QUESTION.
>> YES, SIR.
>> WE ARE ABOUT THE BUSINESS OF
FILLING THAT POSITION.
>> THAT ONE SEAT RIGHT NOW, SIR.
>> WITH SIX VOTES ISfSi IT NOT
CLEAR THAT MR. SMITH HAS IT?
>> WE WANT TO GIVE EVERYONE THE
OPPORTUNITY TO VOTE.
MR. COLVIN HAS THREE VOTES.v.
MR. LEWIS.
I'M SORRY.
I APOLOGIZE.
MS. LEWIS.
MS. LEWIS HAS NO VOTES.
THE APPOINTMENT TO THE SEAT OF
AUGUST 2014 IS MR. WICK SMITH
SIX IN FAVOR.
MR. HURST, WE HAVE AN OPEN SEAT
>> YES, SIR.
MR. MAYOR, I MOVE FOR THE
COUNCIL TO ACCEPT THE UNANIMOUS
RECOMMENDATION FOR THE UNEXPIRE
TERM WHICH GOES THROUGH AUGUST
2015 LOU OLIVERA TO MS. LYNN
GREEN.
>> IS THERE A SECOND?
>> THANK YOU MR. BATES.
WE ARE ACCEPTING OTHER
NOMINATIONS.
>> I NOMINATE MS. CHERYL LEWIS.
>> IS THERE A SECOND TO THAT.
>> SECOND.
I'M SORRY.
>> ALL RIGHT.
MS. LEWIS.
>> ANY ADDITIONAL?
>> YES.
MITCH COLVIN.
>> IS THERE A SECOND TO THAT?
>> WE HAVE TWO NOMINEES AND
OUR --
>> I WOULD LIKE TO NOMINATE
DONALD HUFFMAN.
>> IS THERE A SECOND TO THAT?
OKAY, SIR, WE HAVE TWO NOMINEES
OR ARE THERE ANY ADDITIONAL
ONES?
THE FIRST NOMINEE IS MS. LYNN
GREEN.
MS. GREEN HAS ONE, TWO, THREE,
FOUR, FIVE, SIX, SEVEN
POSITIONS.
OUR SECOND NAME IS MS. CHERYL
LEWIS.
MS. LEWIS HAS THREE.
OUR SECOND APPOINTMENT MR.
CHAIRMAN, FOR THE AUGUST 2015
EXPIRING TERM OF MR. OLIVERA IS
MS. LYNN GREEN.
THANK YOU, SIR.
COUNCIL, WE MOVE TO ITEM 8.4,
UNINHABITABLE STRUCTURES
DEMOLITION.
>> I'M PLEASED TO SAY I'M NOT
THE LAST ON THE AGENDA TONIGHT.
>> WE COULD MOVE IT AROUND.
>> TONIGHT WE HAVE FOR YOU,
MAYOR AND COUNCIL, FOUR
UNOCCUPIED RESIDENTIAL DWELLINGS
THAT WE ARE -- HAVE DETERMINED
TO CONSTITUTE BLIGHT OR BE
DANGEROUS.
NONE ARE HISTORIC.
WE HAVE HELD HEARINGS, INVITING
PEOPLE TO ATTEND, NOTIFYING THEM
AND GIVING THEM AN OPPORTUNITY
TO RESPOND.
WE HAVE HAD IN ONE CASE A
RESPONSE BACK BUT NO FOLLOW-UP
FROM THAT RESPONSE.
ADDITIONAL TIME WAS GIVEN FOR
THAT.
AND NO FURTHER CONTACT.
AS IN ALL OF THESE CASES, IF
THERE IS AN OPPORTUNITY FOR
SOMEONE TO COME FORWARD AFTER
YOU'VE ISSUED A DEMOLITION
AUTHORIZATION WE WILL CONTINUE
TO WORK WITH THE PROPERTY OWNER
TO TRY TO SAVE A STRUCTURE THAT
CAN BE SAVED.
UTILIZING THE PROCEDURES WE HAVE
IN PLACE.
EVEN IF YOU SUGGEST DEMOLITION
TONIGHT, IT DOESN'T MEAN THE
STRUCTURE IS DEMOLISHED.
WE CAN SAVE IT SOMETIMES.
OUR FIRST ONE, 1201 NORTH
STREET.
THE UTILITIES HAVE BEEN
DISCONNECTED FOR MORE THAN 10
YEARS.
THERE ARE SOME OUTSTANDING CITY
ASSESSMENTS FOR LOT CLEANING.
OFFER WAS MADE FOR A ACQUISITIO
AND DEMOLITION PROGRAM THAT THE
COMMUNITY DEVELOPMENT OFFICE
UTILIZES, BUT NO RESPONSE.
NO OUTSTANDING TAXES.
YOU CAN SEE A PICTURE OF THE
STRUCTURE HERE.
I KNOW I PROMISED IT IS OUR LAST
TIME WE HAD THESE I WOULD HAVE
BETTER MAPS.
I FORGOT WE WERE GOING TO BE ON
THE NEXT MEETING SCHEDULE SO I
FAILED MISERABLY IN THAT REGARD
BUT THAT IS THE LOCATION OF THE
PROPERTY.
1920 POWELL STREET, THE
UTILITIES DISCONNECTED AUGUST
2010.
THIS HAS HAD 911 SERVICE CALLS
IN THE PAST TWO YEARS.
59 OF THEM.
WE HAVE OUTSTANDING TAXES AND
OUTSTANDING CITY ASSESSMENTS FOR
LOT CLEANING AND SECURING THE
BUILDING.
AGAIN, A POOR MAP, BUT THAT IS
THE LOCATION OF THE PROPERTY.
THE THIRD ONE IS 1086 STRICKLAN
BRIDGE ROAD.
UTILITIES DISCONNECTED IN MARCH
OF 2011.
19 CALLS FOR 911 SERVICE.
SOME CODE VIOLATIONS AND SOME
OUTSTANDING ASSESSMENTS.
THIS IS THE ONE IN WHICH WE WER
CONTACTED BY THE PROPERTY OWNER
AND INDICATION WAS MADE THAT
WORK WOULD START BUT NOTHING HAS
BUL
BEEN DONE AND NO FURTHER CONTACT
FROM THE PROPERTY OWNER.
THE NEXT ONE, UTILITIES
DISCONNECTED IN MAR OF 2008.
13 CALLS FOR 911 SERVICE, FOUR
CODE VIOLATIONS AND OUTSTANDING
ASSESSMENTS FOR LOT CLEANING AN
OUTSTANDING TAXES ARE IN THE
CASE FOR THIS PROPERTY.
WE'D ASK YOUR AUTHORIZATION
TO -- THERE IS THE LOCATION OF
THE PROPERTY.
WE WOULD LIKE TO GET YOUR
AUTHORIZATION TO DEMOLISH THESE
PROPERTIES.
AGAIN, WE WILL DO OUR BEST TO
SEE IF THERE'S WAYS FOR THEM TO
BE REPAIRED, BUT THEY HAVE
REACHED A POINT IN WHICH WE ARE
AT THE END OF OUR PROCEDURES
THAT ARE NECESSARY TO CARRY OUT
THE DEMOLITION.
BE GLAD TO ANSWER ANY QUESTIONS
YOU HAVE.
>> ANY QUESTIONS FOR STAFF?
MS. DAVY?
>> I WOULD LIKE TO MAKE A MOTION
TO FOLLOW THE DIRECTION OF STAFF
TO DEMOLISH THE PROPERTIES THAT
WERE PROVIDED 1201 NORTH STREET
1920 POWELL STREET, 1086
STRICKLAND BRIDGE ROAD AND 237
SOUTH WINDSOR DRIVE.
>> APPROPRIATE SECOND AND TO MS.
DAVY'S MOTION, ANY DISCUSSION O
THE MOTION, COUNCIL?
LET ME ASK YOU TO VOTE, PLEASE.
THAT IS UNANIMOUS.
THANK YOU.
OKAY.
OUR LAST ITEM IS ITEM 8.5,
RENTAL ACTION MANAGEMENT
PROGRAM.
MS. BRADLEY AND HER TEAM ARE
HERE TO OUTLINE SOME SUGGESTED
CHANGES TO THE ORDINANCE.w
>> GOOD EVENING, EVERYONE.
THE CURRENT ORDINANCE WAS
ADOPTED ON FEBRUARY 27, 2012 AND
TOOK EFFECT ON JULY 1, 2012.w3U
WE HAVE WHAT WE CALL OUR SIX
MONTH IMPLEMENTATION PHASE AND
WE REFER TO THAT AS
IMPLEMENTATION BECAUSE WE ARE
WORKING AT HOW THE ORDINANCE IS
GOING TO WORK.
WE ARE BEFORE YOU BECAUSE ON
JANUARY 1, THAT KICKS OFF THE
DATE WHERE WE TAKE OFFICIAL
COUNT OF ALL THE ADDRESSES.
OUR CURRENT PROGRESS HAS BEEN
CONSISTENT WITH OUR FEBRUARY
PLAN.
THE CODE ENFORCEMENT
QUALIFICATION PROCESS IS UNDER
WAY AND THE POLICE STAFF, MORE
SPECIFICALLY, ANALYSTS, HAVE
IDENTIFIED A FEW REFINEMENTS TO
THE ORDINANCE THAT ARE BEFORE
COUNCIL TONIGHT.
WE BELIEVE THESE REFINEMENTS AR
GOING TO STRENGTHEN THE RAMP
PLAN AND NOT MAKE IT DEFICIENT
IN ANY WAY.
WE BELIEVE IT WILL BE CONSISTEN
WITH WHAT YOUR DESIRES ARE.
AS A REFRESHER, WE KNOW THAT
RAMP TRIGGERS, TWO THINGS CAN
TRIGGER A RAMP VIOLATION, THE
CODE VIOLATION AND CRIMINAL
ACTIVITY.
NOW WE ARE BEYOND OUR SIX MONTH
PERIOD OF IMPLEMENTATION, WE ARE
STARTING TO LOOK AT SEVERAL
RENTAL PROPERTIES IN TERMS OF
WHICH OF THE RENTAL PROPERTIES
ARE GOING TO GET IN THE PURVIEW
OF THE TOP 10%.
AGAIN, DURING OUR IMPLEMENTATION
PHASE, THE STAFF IDENTIFIED
CRIMES THAT ARE LISTED IN
APPENDIX A.
THE APPENDIX A YOU RECEIVED
TONIGHT CONTAINS THE AMENDMENTS
IN THE HANDOUT YOU HAVE I
REALIZE IT DIDN'T HAVE THE ITEMS
IN RED.
THE ITEMS IN RED ARE PROPOSED T
BE DELETED FROM THE RAMP
ORDINANCE.
THE ITEMS IN BLUE ARE TO BE
ADDED TO THE ORDINANCE.
WE BELIEVE THAT THE DELETIONS
THAT ARE SUGGESTED ARE GOING TO
MORE ACCURATELY REFLECT THE
TYPES OF CRIME THAT RAMP IS
DESIGNED TO ADDRESS.
THE PROPOSED CHANGE DELETES
CERTAIN CRIMES WHERE THE TENANT
IS THE TRUE VICTIM.
FOR EXAMPLE, wk8ñBURGLARIES, MO
VEHICLE THEFTS AND ***
ASSAULTS.
TENANTS ARE TRUE VICTIMS TO
CRIME.
THEY ARE NOT FACILITATORS TO
CRIME.
THEY ARE NOT PERPETRATORS TO
CRIME AND THEY ARE NOT
CONTRIBUTING TO THE CRIME.
THEY ARE TRUE VICTIMS.
THE REASON THE SUGGESTION IS TO
DELETE THOSE ACTUAL CRIMES UNDER
THE U.C.R. BASED ON OUR SIX
MONTH IMPLEMENTATION PHASE OUR
ANALYSTS WERE ABLE TO LOOK AT
THE CRIMES IN THE CITY AND
IDENTIFY THAT IN THE CASE OF
OUR, FOR EXAMPLE, OUR BURGLARY
NON-FORCE ENTRY FOR RESIDENCES,
333 INCIDENTS OF THAT PARTICULAR
CRIME.
HOWEVER, OUT OF THOSE 333
INCIDENTS, NONE OF THEM WERE
ELIGIBLE UNDER RAMP.
THE ONLY ONES ELIGIBLE UNDER
RAMP WERE THOSE CONSIDERED HOME
INVASIONS.
HOME INVASIONS IS ADDED IN BLUE
AS ONE OF THE U.C.R. CODES.
SO NOW WHERE THERE IS A HOME
INVASION, IT WILL STILL BE
CAPTURED, BUT CAPTURED IN A
DIFFERENT WAY SO IT WILL
ALLEVIATE THE ANALYST FROM
HAVING TO LOOK AT REPORTS OF
CRIMES THAT OCCUR AT CERTAI
RESIDENCES THAT WOULDN'T BE
ELIGIBLE FOR RAMP ANYWAY.
THAT IS THE PURPOSE FOR THAT
CHANGE.
THE ADDITIONS TO THE APPENDIX,
WE WOULD ADD CRIMES THAT THE
TENANT COMMITS OR CAN PREVENT
OTHERS FROM COMMITTING CRIMES O
THEIR PROPERTY.
THAT IS WHAT WE CALL THE
CONTRIBUTOR.
THE CONTRIBUTOR TO CRIME BECAUS
YOU ARE ALLOWING IT TO OCCUR ON
YOUR PROPERTY, YOU ARE A
FACILITATOR OR A PERPETRATOR.
WE HAVE ADDED THEM SO IT SHOWS
THE TENANTS HAVE CONTROL OF THE
PROPERTY AND CAN CONTROL WHAT
OCCURS.
AT THAT ADDRESS.
OUR RECOMMENDATION IS THAT WE
AMEND THE APPENDIX IN CRIMINAL
OFFENSES, DELETING THOSE IN RED,
ADDING THOSE IN BLUE.
DO YOU HAVE ANY QUESTIONS?
>> I DID.
I REMEMBER WHEN WE WERE
DISCUSSING RAMP THE EARLIER
VERSION AND WE TALKED
SPECIFICALLY ABOUT AN APARTMENT
COMPLEX AND A LOT OF AUTOMOBILE
WERE BEING BROKEN INTO.
THAT IS AN INNOCENT VICTIM.
>> RIGHT.
>> MOST OFTENTIMES.
IF THE PROPERTY OWNER, THE
APARTMENT COMPLEX, WERE NOT
MEETING THEIR OBLIGATION,
PERHAPS THERE WASN'T ADEQUATE
LIGHTING OR SOMETHING THEY COULD
DO TO IMPROVE THE SAFETY OF THA
PARKING LOT FOR THEIR CITIZENS,
FOR THEIR RESIDENTS, WE SAID WE
WANT TO MAKE SURE THAT WE COULD
HOLD THAT PROPERTY OWNER, WHICH
IS WHAT RAMP IS DIRECTED
TOWARDS, TO HOLD THAT PERSON
ACCOUNTABLE IF THEY ARE NOT
PROMOTING A SAFE ENVIRONMENT.
DO YOU REMEMBER THAT?
>> I DO REMEMBER THAT GENERAL
CONVERSATION.
>> UNDER THAT SCENARIO, LET'S
SAY AN APARTMENT COMPLEX WAS NOT
DOING A GOOD JOB, THEY LET
LIGHTS GO OUT AND YOU SAW AN
INCREASE IN AUTOMOBILE
BREAK-INS, HOW WOULD THAT BE
ACCOMMODATED IN PROPOSED
CHANGES.
>> WE COULD MAKE RECOMMENDATIONS
TO ADD MORE LIGHTING OR ADD MOR
SECURITY, HOWEVER, THE ACTUAL
THEFT OF THAT MOTOR VEHICLE FROM
THE RESIDENCE, THEY WOULD STILL
BE THE VICTIM OF THE CRIME.
IN OUR ANALYSIS OF THE NUMBER O
INCIDENTS OF LOOKING, THERE WER
116 INCIDENTS.
ONLY TWO WERE ELIGIBLE UNDER
RAMP.
THE TWO ELIGIBLE UNDER RAMP, IT
WASN'T THAT VEHICLES WERE
STOLEN.
THAT WOULD BE CAPTURED.
>> NOT THEFT OF AN AUTOMOBILE.
BREAKING IN AND STEALING STUFF.
>> KEEP IN MIND, THE APARTMENT,
THEY AREN'T INCLUDED UNDER RAMP.
IT IS JUST THE PRIVATE HOMES.
>> WE DO HAVE A LITMUS TEST WE
DO PLAN TO MULTIMULTIFAFAMILY I
>> AT THE PRESENT TIME WE HAVE
NUISANCE ABATEMENT LAWS.
WE HAVE A NUISANCE ABATEMENT
OFFICER.
IF SUCH A PROPERTY IS DESIGNATED
AS A NUISANCE WHERE THERE IS
CONTINUOUS THEFT OF THAT NATURE
OUR NUISANCE ABATEMENT OFFICER
CAN APPROACH THE MANAGER AT THE
APARTMENT COMPLEX AND THAT
HAPPENS AT HOTELS.
WE CAN USE THAT MEANS TO ADDRES
THOSE PROPERTIES.
THERE IS ALWAYS ANOTHER WAY TO,
AS YOU SAID, SKIN THE CAT.
>> THAT NUISANCE ABATEMENT IS A
HIGH BAR TO REACH.
WE HAVE DONE IT SUCCESSFULLY.
>> WE HAVE DONE IT SUCCESSFULLY,
BUT KEEP IN MIND UNDER NUISANCE
ABATEMENT, A LOT OF TIMES OUR
SERGEANT IN CHARGE OF -- OUR
NUISANCE ABATEMENT OFFICER
SPEAKS TO THE MANAGEMENT OF THE
APARTMENT COMPLEXES AND THEY
CLEAN UP THEIR ACT BEFORE WE
HAVE TO GET TO THE CIVIL SUIT.
>> WE HAVE SEVERAL OTHER
QUESTIONS.
>> MY CONCERN TIES INTO THE
MAYOR'S COMMENTS.
I UNDERSTAND RAMP RIGHT NOW IS
AIMED PURELY AT SINGLE FAMILY,
BUT THE INTENT IS TO MOVE
FORWARD TOWARDS MULTIFAMILY.
I'M CONCERNED ABOUT ONE
MULTIFAMILY COMPLEX WHERE THERE
IS A HIGH VOLUME OF CRIME.
I WON'T NAME THE FACILITY BUT
YOU AND OUR FINEST ARE FAMILIAR
BECAUSE YOU ARE THERE ALL THE
TIME.
I LOOK AT PHYSICAL ASSAULT.
I LOOK AT THINGS LIKE PHYSICAL
ASSAULT WITH A *** MOTIVE.
WE HAVE A LOT OF INSTANCES IN
THIS PARTICULAR COMPLEX THAT I'
TALKING ABOUT.
BURGLARY AND FORCIBLE ENTRY.
IT SEEMS TO BE COMMONPLACE IN
THIS ONE PARTICULAR COMPLEX.
AND SO I GUESS MY CONCERN IS, IF
WE TAKE THOSE OUT, AND THEN WE
EXPAND THE PROGRAM TO INCLUDE
MULTIFAMILY, NOW WE HAVE LOST A
TOOL WE COULD HAVE AIMED AT THA
MULTIFAMILY COMPLEX.
>> I THINK THE PARTICULAR
RESIDENCE YOU ARE REFERRING TO,
THE BURGLAIES YOU MAKE
REFERENCE TO, THEY WOULD BE
CAPTURED UNDER HOME INVASIONS
BECAUSE OF CIRCUMSTANCES
SURROUNDING THOSE TYPE OF
BURGLARIES.
AGGRAVATED ASSAULT IS GOING TO
BE COVERED.
*** ASSAULTS, THERE HAS NEVER
BEEN A TIME WHEN THERE HAS BEEN
A *** ASSAULT THAT WE'VE, I
GUESS, FOUND THE TENANT LIABLE
FOR THAT TYPE.
BECAUSE THEY ARE THE TRUE
VICTIM.
SO IT IS ALMOST PUNISHING THEM
FOR ALLOWING A *** ASSAULT TO
OCCUR AT THEIR RESIDENT.
THAT IS JUST SOMETHING THAT
BASED ON OUR REVIEW, THAT IT IS
NOT ONE OF THE AREAS --
>> MS. BRADLEY, ISN'T RAMP
DIRECTED TO THE PROPERTY OWNER
NOT THE TENANT?
WE WANT TO TRACK THIS SO IF THI
PERSON IS KEEPING A MULTIFAMILY
COMPLEX WHERE VICTIMS ARE BEING
ASSAULTED, WE WANT TO HOLD THE
LANDLORD RESPONSIBLE.
CERTAINLY WE DON'T WANT TO HOLD
THE INNOCENT VICTIM RESPONSIBLE
WE DON'T WANT TO LOSE TOOLS THA
ALLOW US TO HOLD THE LANDLORD
RESPONSIBLE.
>> THE MORE EGREGIOUS ASSAULTS
WOULD BE COVERED, BUT FOR A
PHYSICAL ASSAULT THAT HAS A
*** MOTIVE IT IS A WHOLE
DIFFERENT GENRE OF OFFENSE.
>> I WAS CONCERNED BECAUSE IN
SOME INSTANCES IF THEY ARE NOT
DOING GOOD BACKGROUND CHECKS, I
THEY ARE ALLOWING PEOPLE IN THAT
HAVE A CRIMINAL HISTORY, THEY
ARE PUTTING OTHER TENANTS AT
RISK.
THAT IS MY CONCERN.
I LOOKED AT THIS.
I DON'T WANT TO LOSE ANY TOOLS
WE CAN HAVE IN THE FUTURE TO GO
AFTER THIS TYPE OF COMPLEX,
WHICH HAS BEEN A CONTINUAL
IMPACT ON THE CITY AND COST TO
THE CITY IN AND ABOVE THE IMPAC
OF THE POOR TENANTS THAT LIVE
THERE.
>> MS. APPLEWHITE?
>> THANK YOU, MAYOR.
I DID HAVE A QUESTION.
IT HAS BEEN SOME TIME SINCE WE
PASSED THIS AND AS THE MAYOR WAS
SAYING, TYING THIS TO THE OWNERS
OF A PROPERTY.
I WILL SHARE IN MY NEIGHBORHOOD
WE HAD A RENTAL PROPERTY, HOUSE
BUSTED, DRUGS, IN MY
NEIGHBORHOOD.
NOW THE PEOPLE HAVE MOVED AWAY
IN ANOTHER COUNTY CAUSING HAVOC
IF THE NEXT FAMILY MOVES IN
THERE, THEY RENT TO THAT SORT OF
PEOPLE, DO THOSE NUMBERS ADD UP
THIS GUY HAS NINE OR 10 POINTS.
SO WHEN THE NEXT CRAZY FAMILY --
WELL, WHEN THE NEXT FAMILY MOVE
IN, DOES THAT ADD UP?
>> JUST BECAUSE THE TENANT MOVE
AWAY, THE NUMBERS DON'T GO AWAY
THE NUMBERS STAY WITH THE
PROPERTY.
>> I WOULD GUESS THIS PROPERTY
IS IN THE PROGRAM NOW.
HOW MANY HAVE WE ADMITTED TO OU
RAMP
>> CURRENTLY DURING OUR THREE
MONTH TRIAL REVIEW, WE HAVE
IDENTIFIED 95 PROPERTIES IN
THREE-MONTH TIME SPAN.
>> WHOA.
WOW.
OKAY.
GOOD STUFF.
NONE OF THOSE PROPERTIES WITH
OUR DELETIONS, IT IS STILL 95
WITH THE DELETIONS.
>> MS. McDONALD, DO YOU HAVE
SOMETHING?
>> THE CRIMINAL PART WASN'T SET
TO KICK IN UNTIL JANUARY AND SO
THE ANALYST IN PREPARING FOR
THAT, THAT IS WHAT WE'VE
IDENTIFIED FOR THAT THREE-MONTH
PERIOD.
>> JANUARY OF --
>> 2013.
>> OH, MAN.
SO THE HOUSE IN MY NEIGHBORHOOD
GOT OUT OF IT?
>> THEY HAD IDENTIFIED THOSE TO
10 --
>> WE HAVE BEGUN IDENTIFYING
PROPERTIES FOR THIS WOULD BE
RAMP ELIGIBLE BEGINNING IN
JANUARY.
>> THANK YOU.
>> MY QUESTION WAS ANSWERED.
I WANTED TO KNOW HOW MANY.
>> 95.
>> MR. HAIRE?
>> MS. DAVY?
MR. MASSEY?
>> I WANTED TO SIMPLY THANK THE
COMMITTEE.
YOU HAVE BEEN WORKING VERY
DILIGENTLY WITH THIS PROJECT.
YOU SEE WHAT IS HAPPENING.
WE HOPE THE END RESULT IS A
BETTER QUALITY OF LIFE FOR ALL
OF OUR CITIZENS.
AND THE EFFORT YOU ARE PUTTING
INTO IT, I DEFINITELY APPRECIATE
IT.
>> MS. DAVY?
>> YES.
I JUST WANTED TO GO AHEAD AND
MAKE A MOTION.
AGAIN, THANK YOU SO MUCH FOR THE
FEEDBACK.
I HAVE HEARD SOME FEEDBACK FROM
THE MEMBERS OF THIS BOARD.
SO I APPRECIATE YOU FOR HAVING
THAT ENGAGEMENT IN THE
COMMUNITY.
I'D LIKE TO MAKE A MOTION TO
ADOPT THE AMENDMENT TO THE
ORDINANCE WITH IMMEDIATE
EFFECTIVE DATE, DO I NEED TO PUT
A DATE ON THAT.
>> MOTION FROM MS. DAVY.
IS THERE A SECOND?
THANK YOU MR. HURST.
ANY DISCUSSION ON THE MOTION?
MAY I ASK FOR YOUR VOTE, PLEASE.
ALL RIGHT.
THAT IS UNANIMOUS.
THANK YOU MS. BRADLEY AND THE
TEAM.
YOU ARE DOING GREAT WORK.