Fayetteville City Council Regular Meeting – August 14, 2023

The Fayetteville City Council convened at 7:00 PM on August 14, 2023, to consider a consent agenda, hear public comments, conduct a public hearing on the closure of Calhoun Street, and approve advisory board appointments. The meeting included 13 public forum speakers and one public hearing testimony.

Consent Calendar

• Approval of meeting minutes from June 21, 2023 (Special Budget and Agenda Briefing), June 26, 2023 (Discussion of Agenda Items and Regular).
• P23-21: Rezoning of 0 Carvers Falls Road from SF-10 to MR-5/CZ.
• P23-25: Rezoning of multiple parcels on N Broad Street, Racepath Street, Pepsi Lane, Person Street, etc. from Downtown to MR-5, CC, and LI.
• P23-27: Amendment to Business Park/CZ for a portion of 1220 Bridgehead Circle.
• SUP23-04: Order of Approval for a Special Use Permit for a duplex at 105 Arbor View Court.
• Adoption of Capital Project Ordinance Amendment 2024-2 (FAA collections and AIP grant).
• Adoption of Capital Project Ordinance 2024-2 (Customer Facility Charges for CONRAC).
• Adoption of Special Revenue Fund Project Ordinance 2024-4 (Cape Fear River Trail Expansion grant).
• Adoption of Special Revenue Fund Project Ordinance 2024-6 (FY24 Juvenile Restitution Program).
• Request for Legal Representation of City Employee.
• Resolution to Authorize Sale of RC Williams Building and Associated Parking License.
• Resolution Authorizing City Manager to Acquire Real Property at 1710 Cedar Creek Road for Fire Station 16 Relocation.
• Approval of Amended Independent Auditor Contract for FYE June 30, 2022.
• Bid Recommendation – Resurface Various Streets 2024 – Phase I.
• Bid Recommendation – Primary Cable 750 MCM AL & Reject Bids for Primary Cable 10 AL.
• Bid Recommendation – Water Treatment and Water Reclamation Chemicals Contract 2024.

Public Comments & Testimony

• Bruce Carpenter (100% disabled veteran, 5586 Ash Grove Drive): Criticized the city’s 15-minute free parking limit for handicapped spaces, arguing it is discriminatory because disabled individuals may need more time to exit their vehicles. He stated he received a ticket and called for the elimination of such ticketing for handicapped parking.
• Janine Accles Dublin (founder, Cumberland County Community Watch Coalition): Raised concerns about conditions at senior properties managed by United Management, specifically Azalea and Dogwood. She cited a 92-year-old woman without a working shower for six months, an elevator breakdown forcing an elderly woman to spend the night in the lobby, and charges for basic services like changing light bulbs or blinds. She urged council to hold United Management accountable, noting seniors feared retaliation if they spoke out.
• Ann Schrader (founder/owner, Eco Solutions, local sustainability consultancy): Called for immediate action on environmental and climate crises, highlighting NASA’s report of July 2023 as the hottest month on record, threats to the Cape Fear River, and the disproportionate impact on vulnerable communities. She urged sustainable solutions.
• Angela Taton Molloy (131 Hay Street): Described an incident where police officers removed food from an unhoused person’s hands during a Fourth Friday event, placed it on the ground, and then denied the action. She expressed concern about over-policing, inappropriate officer conduct, and the lack of a clear reporting mechanism for officers who witness misconduct. She requested a direct email for the police chief and urged community input in the selection of the Office of Community Safety (OCS) director.
• Kenneth Fox (810 Varsity Drive, Eccles Park community resident): Reported ongoing problems with aggressive dogs, particularly pit bulls, in his neighborhood despite multiple calls to animal control. He stated that animal control did not take photos and was unresponsive, leaving residents afraid to sit on their porches. The City Attorney offered to follow up and provide a copy of the ordinance.
• Lissette Rodriguez (1701 Cherokee Drive): Thanked council for funding the Office of Community Safety and invited them to a community celebration cookout on September 21. She requested a community forum to meet and question final OCS director candidates. She also shared stories of unhoused individuals affected by the city’s no-camping ordinance, including a 74-year-old disabled woman with a roach in her ear, a man hospitalized for heatstroke, and a woman displaced due to foreclosure who now faces a COVID outbreak at the Salvation Army. She called for a pause and reversal of the no-camping ordinance, calling it inhumane during a record heat wave.
• Robert Walls (District 4 resident): Accused council of lacking transparency and accountability. He stated that only one candidate (Mario B.) answered ten questions emailed by the People’s Council. He criticized the 3-minute speaking limit for public comment as insufficient for serious issues (crime, poverty, homelessness) and demanded quarterly state-of-the-city forums. He also noted that a council member participated remotely, while citizens are denied such accommodations.
• Joseph Wheeler (homeless advocate with lived experience): Criticized the city’s response to homelessness, stating the situation is “despairing.” He claimed that only one council member replies to his emails. He called for the resignation of Shelley Hudson, alleging the Day Resource Center is not providing promised services and that no emergency shelter is available during the heat wave. He said the homeless community could sway 500 votes and encouraged others to run for council.
• Sean McMillan (6224 Golden Rain Drive): Echoed calls to repeal the no-camping ordinance, describing it as criminalization of homelessness. He thanked council for establishing the Office of Community Safety but urged full implementation, including independent oversight and police-free violence interrupters. He noted racial disparities in traffic stops and asked candidates in the upcoming election to commit to addressing economic instability, supporting OCS, and leading on environmental issues.

Discussion Items

• Public Hearing – Calhoun Street Closing (Item 9.01):

  • Staff (Ms. Keisha) presented: The North Carolina Civil War and Reconstruction History Center petitioned to close Calhoun Street (a paper street, never constructed). The city posted the property, mailed certified letters to adjacent owners, and received no comments. Utilities and emergency services had no objections. The city will reserve overhead and underground utility easements.
  • Jimmy Kaiser (115 Broadfield Avenue, former councilmember, speaking as proponent): Stated the street has no real use and its closure is needed for museum planning. He acknowledged utility easement issues still need resolution.
  • Council voted unanimously to approve the street closing.

• Appointments Committee Recommendations (Item 10.01):

  • Councilmember Thompson presented nominations from the June 29 Appointments Committee meeting:
    • Fayetteville Advisory Committee on Transit (FACT): Matthew Anderson and Dwight Thompson (partial terms through March 2025).
    • Stormwater Advisory Board: Laurie Linder (partial term through March 2025).
  • Council approved the appointments unanimously.

Key Outcomes

• Consent Agenda: Approved unanimously (all items listed above).
• Public Hearing: Council approved closing Calhoun Street (unanimous vote).
• Advisory Board Appointments: Approved appointments to FACT and Stormwater Advisory Board (unanimous).
• Administrative Reports: The council did not discuss administrative reports (Homeless Encampment Impact Reduction Program After-Action Report, City Manager’s Update, FY2023 Council Scorecard) during the meeting; it was noted they could be moved to a future work session. The meeting was then adjourned.