Fayetteville City Council Regular Meeting - May 28, 2024

The Fayetteville City Council met on Tuesday, May 28, 2024, at 6:30 PM in the Council Chamber. The meeting included announcements, consent agenda approval, staff reports from the Fire and Police Departments, public hearings on Project Aero (a proposed titanium mill), eight Unified Development Ordinance text amendments, and the FY2024-2025 budget, as well as an evidentiary hearing for a special use permit. Key decisions included approving consent items (with one pulled to a work session), approving the UDO text amendments, approving incentives for Project Aero, and approving the special use permit.

Consent Calendar

• Approved unanimously: All consent agenda items except Item 7.0A4 (lease for Cross Creek District Police Office) which was pulled by Councilmember Thompson and moved to the June 3, 2025 work session (motion carried 6-2).
• Consent items included approval of minutes, rezoning, watershed master plan, lease amendments, pedestrian plan study, airport lease, street sweeping and mowing agreements with NCDOT, audit contract, towing ordinance amendment, transit Title VI update, drainage project bid, and water treatment chemicals contract.

Public Comments & Testimony

• On Project Aero (incentives for titanium mill): Three speakers opposed. Concerns included lack of public information about the company (incorporated Sept. 2023, Delaware), environmental risks near the Cape Fear River (PFAS, titanium in breast milk), potential for overpromising/underperforming (like Amazon warehouse), and opposition to tax breaks for weapons manufacturing given conflicts abroad.
• On FY2024-2025 Budget: 15 speakers registered. Key themes:
  • Opposition to tax increase: Several residents argued against a 5-cent property tax increase, citing existing bonds, reassessments, and economic strain.
  • Support for full funding of Office of Community Safety (OCS): Multiple speakers urged the council to allocate the full $3 million for OCS, emphasizing a need for alternative response teams for mental health crises, diversion programs, and nonviolent calls. Speakers noted the success of models like Durham HEARTS and CAHOOTS. They requested that police-related items (e.g., ShotSpotter, PAL) be moved out of the OCS budget to ensure genuine community-based funding.
  • Downtown concerns: Representatives from Cool Spring Downtown District and a downtown business owner requested that the Municipal Service District (MSD) increase be reduced and that general fund support be restored. They noted 59% of downtown properties are tax-exempt, placing burden on 41% of property owners. Also opposed to a proposed outdoor use permit fee increase from $30 to $100 and tree removal funding.
  • Solid waste and recycling: A resident requested funding to enforce the 2011 multifamily recycling ordinance, citing noncompliance and landfill capacity issues.

Discussion Items

• Fire Department 2024 Q1 Report (Chief Kevin Dove):
  • Total incident response increased by 380 calls vs. 2023; 66% medical/rescue. Structure fires decreased by 20; kitchen fires down 10%. Smoke alarm installations up 27% (351 smoke, 70 CO alarms). 19 vacancies; academy class 50% underrepresented. 3 out of 5 home fire deaths occur where no smoke alarms or nonworking ones. Chief urged council to promote free smoke alarm checks via QR code or phone (910-433-1329).
  • Council questions focused on recruitment, female firefighters (daycare barrier), and demographics. Motion to receive report passed unanimously.
• Police Department 2024 Q1 Report (Chief Kemberle Braden):
  • Total crime down 1%; violent crime: homicides down 72% (3 vs. 12), aggravated assaults down 31%; property crimes up (motor vehicle thefts +79%, 208 vs. 116). Juvenile crime concerning: B&E petitions almost reached 2023 total in Q1 (62 vs. 78). Overdose deaths down 50% (16 to 8) attributed partially to Faith in Action program. Traffic unit (7 officers) conducted 2,306 traffic stops in one month. Disparities in stops and searches persist (black drivers stopped more, searched at 2.65% vs 1.23% for white drivers, contraband recovery similar). 76 sworn vacancies, 21 by resignation. Uses of force in 0.82% of arrests.
  • Council questions addressed suicide prevention, juvenile justice partnerships, staffing, and stop/search disparities. Councilmember Benavente expressed concern about over-policing of minority communities and lack of action. Motion to receive report passed with majority (Councilmember Benavente voted no).
• Project Aero Incentives (Public Hearing):
  • Presented by Robert Van Geons (Economic Development). Proposal: tiered incentives (based on jobs and investment) for an integrated titanium mill (300 jobs avg. $120k salary, $895M initial investment, 200-acre site near Cape Fear River). County approved similar package May 20. City resolution would commit to negotiating, with final approval required.
  • Council discussion: Questions about environmental impact (minor air permit, PWC sewer connection), timeline (not 2025), and workforce (local via FTCC, FSU, Fort Liberty). Motion to approve incentives passed 7-1 (Councilmember Benavente voted no).
• UDO Text Amendments (TA24-001 through 08):
  • Proposed by staff (Mr. Harmon) as cleanup and business-friendly changes: reduced parking for adaptive reuse and infill, defined office-warehouse, added truck stop definitions, increased canopy height for truck stops, reduced industrial parking, adjusted sign standards, allowed backing into streets for small multifamily. All had favorable Planning Commission recommendation.
  • No public speakers. Council unanimously approved.
• FY2024-2025 Budget Public Hearing:
  • Presented by Jeff Yates: total $319 million (2.83% increase); recommended 5-cent ad valorem tax increase (for public safety market adjustments to raise police starting salary to $50k+, fire and 911 parity); 4% midpoint merit increases; $1/month stormwater increase; $10/year solid waste increase; 11.1-cent MSD increase. For a $100k home, total increase ~$6/month. Office of Community Safety: $4 million in budget (including $2M general fund, $1.5M unallocated, $500k for items like ShotSpotter, PAL).
  • Public testimony detailed above (15 speakers). No action taken (hearing only; adoption to follow after work sessions).
• Evidentiary Hearing (SUP24-04):
  • Request to reduce 250-foot separation requirement between automotive wrecker service and residentially zoned property at 639 Gillespie Street. Staff testimony (Thomas Lloyd, retired planning director): nearest residential structures are churches >300 ft away; property is zoned heavy industrial; applicant needs to get on city towing list. No opposition. Council approved with findings of fact (motion by Councilmember Thompson, second by Hare, unanimous among those voting).

Key Outcomes

• Consent Agenda: Approved with item 7.0A4 moved to June 3 work session (6-2).
• Fire Department Q1 Report: Received unanimously.
• Police Department Q1 Report: Received (7-1, Councilmember Benavente opposed).
• Project Aero Incentives: Approved (7-1, Councilmember Benavente opposed).
• Eight UDO Text Amendments: Approved unanimously.
• FY2024-2025 Budget Public Hearing: Concluded; council scheduled additional work sessions (June 3 at 2 PM) for further budget discussion before adoption.
• SUP24-04 (Special Use Permit): Approved with findings (motion carried).
• Administrative Reports: Items 11.01 (Empowering Community Safety Micro-Grant Program), 11.03 (Stormwater ARP Projects), and 11.04 (Downtown Parking) moved to future work session; Items 11.02 (Cool Spring Downtown District Q3 Report) and 11.05 (City Manager's Update) approved.