FIRE COMMITTEE MARCH 31, 2003

Municipal Complex Conference Room 103

Present: Joseph Bustos, Chair, Kruger Smith Absent: Bobby Utsey Also Present: Larry Carr, Thomasena Stokes-Marshall Staff: Mac Burdette, Chief Mims, Colleen Jernigan, Lee Cave

Mr. Bustos called the meeting to order at 11:30 a.m.

1. Approval of Minutes. Mr. Smith moved for approval of the minutes of the previous Fire Committee meeting. Mr. Bustos seconded. All in favor, motion carried.

Chief Mims requested that the agenda be changed to add discussion on donations received. Mr. Smith made a motion to add this topic to the agenda as topic 4. Mr. Bustos seconded. All in favor, motion carried.

2. Etiwan Park townhouse construction

Mr. Burdette stated that Council has requested that the Town continue to monitor this unfinished construction project to ensure that the buildings are not deteriorating to the point of condemnation. He said that he has received telephone calls from town residents and residents of the townhouse complex concerning the condition of the buildings. He said that Chief Mims and Lee Cave made an inspection of the property and will make a report on their findings.

Mr. Bustos asked about the owner refinancing and finishing the construction.

Mr. Cave stated that he has information regarding this topic. He stated that he was asked to look into this project and has spoken to the original builder and Wachovia Bank personnel. He said that the original builder had stated that he had his financial matters in line and planned to finish the project. Mr. Cave then stated that he received a telephone call from a party who stated that he was representing the owner of the project and didn’t have any knowledge of the project being finished. Mr. Cave stated he was unsure of the status of this project.

Mr. Cave said that the Police patrol officer for the Etiwan area, stated that there has been a problem with construction equipment theft and indication of partying in the area. This prompted Mr. Cave to follow up on this project.

Mr. Cave stated that he and Chief Mims did an inspection of the property. They found that the buildings are showing decay but they are not at the point of physical collapse. Mr. Cave stated he thought it was time to have the property owner submit a plan to outline how he is going to improve the property. During the inspection of the building, it was decided that condemnation procedures should begin. Mr. Cave stated that Chief Mims has contacted Mr. Young’s office to ask that a title search be completed to determine the correct owner of the property. The title search is needed to begin the process of condemnation. The process includes a hearing at which the owner can state their plans for the property. In Mr. Cave’s opinion, the Town should not sit idle and needs to take steps to correct the problem.

Mr. Smith asked if any part of the building was salvageable, such as the foundation.

Mr. Cave stated that the foundation is of masonry construction and is one story in height, designed for a vehicle to be parked under the building. He also stated that the wood framing starts above the foundation and is not salvageable due to being weathered. Mr. Cave stated that he has been in contact with local realtors who stated that they would not sell or advise a buyer to purchase a property with that much weather damage, due to the liability. In order to finish this project all of the wood would need to be stripped down to the foundation.

Mr. Smith asked if during the condemnation process would the owner need to remove all of the wood before rebuilding.

Mr. Cave stated if the owner did not take this action the Town would have to take action and put a lien on the property.

Mr. Smith asked if the occupied structures on the property are built to acceptable standard.

Mr. Cave stated that all of the occupied properties are in good condition.

Mr. Smith inquired on how many building are involved.

Mr. Cave stated seven building are involved, two framed with roofing material installed, two with the first floor decks complete and three are only foundations.

Mr. Burdette stated that the most complicated part of the process of condemnation is what to do after the process is completed. If the property own is not capable of making the repairs is the Town going to put a lean on the property, anticipating that after the property is sold the Town will be reimbursed for the expenses. He also asked if the Town would demolish the entire structure or remove the wood to the foundation. Mr. Burdette is concerned with the cost associated with project. All of this is dependent on the owner taking responsibility for the property. Mr. Burdette is hoping that the bank will be involved and is willing to improve to property. Mr. Burdette stated that the next step is to begin the condemnation process; this should send a message to the owner/bank that the Town is serious.

Mr. Bustos asked what the procedure is to go forward with this recommendation.

Mr. Burdette stated that it goes to the legal department first. Mr. Burdette is asking that Fire Committee recommend condemnation procedures on this property to full Council with review by the Town Attorney. Mr. Burdette stated that this process may be complicated and not well defined. In the past, most of the condemnations have been with permission of the property owners. The owner of the property may not want to fix said problems and may put obstacles in the process.

Mr. Smith stated that a plan needs to be in place to determine the extent of the repairs needed before his approval to full Council. The plan should cover if the Town will require the building to be removed completely or to the foundation.

Mr. Burdette stated that it would be determined by Mr. Cave and Chief Mims due to their technical knowledge.

Mr. Burdette stated it may be easier and faster if the structures were demolished completely due to the possibility of the foundations being damaged.

Mr. Burdette stated that the process needs to be started.

Mr. Bustos asked if during this process the owner can still come forward and make the repairs needed.

Mr. Burdette answered in the affirmative and stated that is what he is hoping this process will achieve.

Mr. Smith stated he would like the questions concerning the condemnation be answered before the process begin. He feels that these are the questions full Council will ask before they approve the beginning of process for condemnation.

Mr. Burdette asked for approval of a letter to be drafted to the property owner stating the Town is intending to begin the process of condemnation. Mr. Smith agreed.

Mr. Smith stated he is uncomfortable with starting the process but is willing to have a letter sent.

Mr. Burdette stated that a letter will be sent by Chief Mims, under Council’s authorization, to the owner of the property stating the Towns intent to begin condemnation process. This will include gathering the information on what it will cost, how the process works, who will be doing the work and the legal ramifications.

Mr. Burdette asked Mr. Cave if their permits for this project are still current.

Mr. Cave stated that the permits have expired and stated Mr. Ford would have to be contacted concerning this topic.

Mr. Smith made the motion that the Fire Committee recommend to Council that the Town send a letter of intent to all parties associated with the Etiwan Park Townhouse construction project, that the Town intents to proceed with condemnation pending their response. Mr. Bustos seconded. All in favor, motion carried.

3. Update – Fire Station No. 3 construction

Chief Mims stated that construction is on track for a completion date of April 15th. The contractor is a little behind with paving due to excessive rain in March but will be completed this week and is in the process of tying up loose ends in the building.

Chief Mims stated that Mr. Bernard with the Planning Department has designed a nice landscape plan that will accent the station well.

Chief Mims stated after the station is turned over to the Town it will take 15 -20 days to transfer equipment.

Mr. Burdette and Chief Mims both commented that they have received only positive comments concerning the design of the building. Mr. Bustos asked about the sale of old station 3.

Mr. Burdette stated that this process has begun and hopefully will be for sale in the next month.

Mr. Burdette stated the Town saved $15,000 - $20,000 dollars in architectural fees by the Fire Department staff conducting the construction management of the project.

4. Donations.

Chief Mims stated he has received donations from three different sources: $35 from Atrium Builders, $100 from Gulf Stream Construction, and $100 from James Knutson. These donations are intended to be used for the fire safety camp. This camp was started last summer with over 600 hundred local children attending. These three sources had children in the camp last summer and would like their donations to go towards tee shirt or supplies for attending children. Mr. Smith moved to recommend to Council, that Council allows the department to receive the three donations as presented, for the fire safety camp. Mr. Bustos seconded. All in favor, motion carried.

Mr. Burdette asked that Fire Committee bring to Council the authorization for the Town Administrator to accept donations of a small amount.

Mr. Smith agreed, for any donation under $1000.

Mr. Smith made a motion to Council that the Town Administrator be authorized to accept donations of amounts under $1000 for any purpose. Mr. Bustos seconded. All in favor, motion carried.

Mr. Burdette stated he would review each donation for possible conflict of interest.

5. Adjourn

There being no further business before this Committee the meeting adjourned at 11:55 a.m.



Respectfully submitted S. J. Drozd FireComm 03/31/03