Board of Commissioners
Regular MeetingFuquay-Varina, NC · February 6, 2017
Minutes
TOWN OF FUQUAY-VARINA
BOARD OF COMMISSIONERS REGULAR MEETING
FEBRUARY 6, 2017
CALL TO ORDER
Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of
Commissioners to order on February 6, 2017 at 7:00 p.m.
Commissioners Present: Blake Massengill (Mayor Pro-Tem)
Charlie Adcock
Bill Harris
Jason Wunsch
Marilyn Gardner
Commissioners Absent: None
Others Present: Town Manager Adam Mitchell
Assistant Town Manager Mark Matthews
Town Clerk Rose Rich
Town Attorney Mark Cumalander
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INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Charlie Adcock gave the invocation and the Fuquay-Varina High School
Gymnastics Team led the Pledge of Allegiance.
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APPROVAL OF THE MINUTES
The January 17, 2017, minutes of the regularly scheduled Town Board of
Commissioners meeting, were presented for approval
MOTION: Commissioner Adcock
SECOND: Mayor Pro-Tem Massengill
MOTION RESULT: Passed Unanimously (5-0)
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PRESENTATIONS
Agenda Item No. 4.A: Presentation - Law Enforcement Community
Engagement Video - The Other Side
Town Manager Mitchell stated that staff wanted to share another video from the series
“The Other Side”, which were compiled for the purpose of encouraging greater
communication between the youth in the community and the Police Department. The
video presented involves a Fuquay-Varina High School student and Police Officer David
Taylor.
Agenda Item No. 4.B: Recognition - Fuquay-Varina High School Gymnastics
Team - State Champions
Mayor Byrne recognized and presented a certificate of recognition to the Fuquay-Varina
High School Gymnastics Team for winning the 2017 North Carolina High School State
Championship in the Large Team gymnastics division. The competition was held in
Raleigh, North Carolina. Mayor Byrne also recognized Gymnastics Coach Stacey Amey
who has been coaching the Bengal’s Gymnastic Team since its inception four years ago.
Coach Amey presented information regarding the team’s accomplishments and she also
commended gymnast Haven Haswell for winning the all-around individual competition.
The Town Board congratulated the Team for their exceptional season and big win.
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PUBLIC COMMENT
Mr. Douglas Pfitzenmair, 624 Near Post Drive, expressed his opposition to the Town
Board’s decision to approve the zoning map amendment (REZ-2016-30) for Reliabuilt,
LLC, located off Fleming Loop Road.
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PUBLIC HEARINGS
Agenda Item No. 7.A: Zoning Map Amendment - Tony M. Tate Landscape
Architecture, PA and James Minor - 1000 NE Judd
Parkway - Portion of PIN 0667434461 - REZ-2016-34
Purpose – To consider a requested zoning map amendment for 18.48 of a total of 21.43
acres located at 1000 NE Judd Parkway from the Corridor Commercial Conditional
Zoning District (CC-CZD) to the Neighborhood Mixed-Use (NMU) Zoning District and
Urban Mixed-Use (UMU) Zoning District. The subject property is also known as a portion
of Wake County PIN 0667434461.
Staff Comments – Town Manager Mitchell advised the subject property is currently
undeveloped. The adjacent property to the south is currently used for agricultural
purposes, and was recently amended to the Residential High Density (RHD) Zoning
District by the Town Board (REZ-2016-21). A single tract of land, currently undeveloped
is immediately across Judd Pkwy from the subject property to northeast. The adjacent
properties to the west are currently used for agricultural purposes or are undeveloped,
and contain a significant environmental feature along the property line. Surrounding uses
include single-family residential subdivisions, multifamily, shopping centers, and
industrial uses. The current zoning of the subject property is Corridor Commercial
Conditional Zoning District (CC-CZD), approved as REZ-2016-09 under the Town's now
previous zoning regulations. The current zoning conditions limit use of the subject
property to mixed-use development. The previous petition was made due to the Town's
form-based zoning option not being adopted at that time. Town Manager Mitchell
advised that the petitioner is now requesting a zoning map amendment to change 18.48
total acres of the property to the Neighborhood Mixed-Use (NMU) and Urban Mixed-Use
(UMU) Zoning District. Both are optional form-based districts. Surrounding zoning
districts include the Residential Agricultural (RA), Residential Low Density (RLD),
Residential Medium Density (RMD), and Residential High Density (RHD) Zoning
Districts. The current land use classification of the subject property is Commercial. The
Commercial Land Use Classification is intended for a mix of retail, office and consumer
services, with functional urban designs providing access to both vehicles and
pedestrians. The proposed zoning districts, NMU and UMU, provide for these types of
uses, as well as high density residential uses utilizing the same type of design. For those
reasons, the requested zoning districts are consistent with the Commercial Land Use
Classification. Town Manager Mitchell reported that the Town's Community
Transportation Plan (CTP) calls for a 100-foot right-of-way with a 4 lane divided street
cross-section along NE Judd Pkwy adjacent to the subject property. All required right-of-
way adjacent to the subject property has already been publicly dedicated. Future
development of the subject property will require construction of half of the Judd Pkwy
cross-section mentioned. Public utilities are available to serve the subject property. He
further advised that the zoning map amendment to the Neighborhood Mixed-Use (NMU)
and Urban Mixed-Use (UMU) Zoning Districts utilizes the Town's new form-based zoning
districts, located in Appendix B RMU, NMU & UMU Form-Based Districts of the Land
Development Ordinance. Form-based zoning districts are proposed, reviewed and
approved with a master plan. The master plan provides for a description of the following
elements of a proposed development: permitted uses, arrangement of uses, open
space, thoroughfare network, utilities, pedestrian network, architectural designs and
standards, building layout, landscaping, and written documentation. Town Manager
Mitchell stated that all of such have been submitted by the petitioner via a master plan
and written document, both of which are included with the petition. He further advised
that he and staff recommend approval of the zoning map amendment, REZ-2016-34, for
the following reasons:
1. The requested zoning districts are consistent with the Town's Land Use Plan.
The requested zoning districts are consistent with the existing land use
classification; further the land use plans' intent to provide for integrated urban
design, and advances the principles of the Land Use Plan.
2. Use of the subject property will remain the same as currently permitted in
accordance with the currently applicable zoning conditions, which allow for
future mixed-use development on the property.
3. The master plan and written document submitted with the petition adequately
address the elements required by the Town's Land Development Ordinance.
Those provisions created by and outlined within the master plan and written
document will be binding to the subject property upon adoption of the
proposed zoning districts.
Town Manager Mitchell stated that for the reasons identified above, he and staff
recommend approval of the requested zoning map amendment to allow NMU and UMU
development of the property in accordance with the master plan submitted with the
petition. The Planning Board unanimously recommended approval of the requested
zoning map amendment at the January 10, 2017 Planning Board meeting. A revised
master plan was submitted by the applicant on February 3. Town Manager Mitchell
stated that additional time is needed for the applicant to provide further clarification
regarding the revisions needed to inform a staff recommendation. He made the
recommendation that the Town Board open and immediately continue the public hearing
and table consideration of the approval of the requested zoning map amendment to the
February 21, 2017 Town Board meeting.
Public Hearing – Mayor Byrne opened the public hearing, and he asked if anyone
wished to speak in favor of, or in opposition to the proposed zoning map amendment.
No one chose to speak in favor of, or in opposition to the proposed zoning map
amendment.
Board Member Discussion – There was no discussion from members of the Town
Board.
Recommendation - Continue the public hearing and table consideration of REZ-2016-34
to February 21, 2017.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Gardner
MOTION RESULTS: Passed Unanimously (5-0)
Agenda Item No. 7.B: Voluntary Annexation Petition - Southview Self
Storage, LLC - 0 S NC 55 Hwy - PIN 0676195209 - ANX-
2016-12
Purpose – To consider an annexation ordinance extending the corporate limits of the
Town of Fuquay-Varina following receipt of a petition for voluntary annexation of
property owned by Southview Self Storage, LLC (Don G. Wellons), located at a property
without an assigned address with access to NC Highway 55 (PIN 0676195209)
containing approximately 25.09 acres.
Staff Comments – Town Manager Mitchell advised that the property contains
approximately 25.09 acres and it has road access from S NC 55 Hwy. The property is
contiguous to the Town's corporate limits where water and sewer is available. He
reported that at the January 17, 2017 meeting, the Town Board instructed the Town
Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation and
the Town Clerk certified at that time that the petition was sufficient and meets the
requirements prescribed by the North Carolina General Statutes. He advised that the
Town Board also adopted a resolution setting a public hearing for the February 6, 2017
Town Board meeting.
Public Hearing – Mayor Byrne opened the public hearing and he asked if anyone wished
to speak in favor of, or in opposition to the proposed annexation ordinance. No one
chose to speak in favor of, or in opposition to the proposed annexation ordinance.
Mayor Byrne declared the public hearing closed.
Board Member Discussion – There was no discussion from members of the Town
Board.
Recommendation - Adopt the annexation ordinance to extend the corporate limits of the
Town of Fuquay-Varina to include property owned by Southview Self Storage, LLC
(ANX-2016-12) as presented and recommended.
MOTION: Commissioner Wunsch
SECOND: Commissioner Adcock
MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-17-02
Agenda Item No. 7.C: Voluntary Annexation Petition - David G. Moore
Property - 6648 Old Mills Road - PIN 0687123185 - ANX-
2016-13
Purpose – To consider an annexation ordinance extending the corporate limits of the
Town of Fuquay-Varina following receipt of a petition for voluntary annexation of
property owned by David G. Moore, located at 6648 Old Mills Road (PIN 0687123185)
containing approximately 0.789 acres.
Staff Comments – Town Manager Mitchell advised that the property contains
approximately 0.789 acres and it has road access at 6648 Old Mills Road. Water and
sewer is available to the property. The property is non-contiguous to the Town's
corporate limits. Town Manager Mitchell reported that at the January 17, 2017 meeting,
the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's
petition for voluntary annexation and the Town Clerk certified at that time that the petition
was sufficient and meets the requirements prescribed by the North Carolina General
Statutes. He also stated that the Town Board adopted a resolution setting a public
hearing for the February 6, 2017 Town Board meeting.
Public Hearing – Mayor Byrne opened the public hearing and he asked if anyone wished
to speak in favor of the proposed annexation petition. Wayne Mauldin of Mauldin-
Watkins Surveying spoke in favor of the annexation petition on behalf of the petitioners.
Mayor Byrne asked if anyone wished to speak in opposition to the proposed annexation
petition. No one chose to speak in opposition to the petition. Mayor Byrne declared the
public hearing closed.
Board Member Discussion – There was no discussion from members of the Town Board
regarding this request.
Recommendation - Adopt the annexation ordinance to extend the corporate limits of the
Town of Fuquay-Varina to include property owned by David G. Moore (ANX-2016-13) as
presented and recommended.
MOTION: Commissioner Adcock
SECOND: Commissioner Wunsch
MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-17-03
Agenda Item No. 7.D: Voluntary Annexation Petition - Morgan Development
Company, LLC - 1829 and 1955 Eddie Howard Road -
PIN 0686076032 and PIN 0686079384 - ANX-2016-15
Purpose – To consider an annexation ordinance extending the corporate limits of the
Town of Fuquay-Varina following receipt of a petition for voluntary annexation of
property owned by Morgan Development Company, LLC, located at 1829 and 1955
Eddie Howard Road, PIN 0686076032 and PIN 0686079384, containing approximately
29.055 acres.
Staff Comments – Town Manager Mitchell advised that the property contains
approximately 29.055 acres and it has road access at 1829 and 1955 Eddie Howard
Road. The property is non-contiguous to the Town's corporate limits where water is
available, and sewer is not yet available to serve the property. The petitioner has signed
an annexation agreement as it relates to the provision of Town services. Town Manager
Mitchell reported that at the January 17, 2017 meeting, the Town Board instructed the
Town Clerk to investigate the sufficiency of the applicant's petition for voluntary
annexation and the Town Clerk certified at that time that the petition was sufficient and
meets the requirements prescribed by the North Carolina General Statutes. The Town
Board also adopted a resolution setting a public hearing for the February 6, 2017 Town
Board meeting. The present total value of the property is $686,424. Town Manager
Mitchell further advised the Town Board that when this annexation was submitted, the
petitioners had not submitted a zoning petition for this property. He stated that as we
have done in the past, most annexation and zoning petitions run concurrently in order to
meet the 60-day zoning requirement if the property is outside the corporate limits. He
reported to the Board that a zoning petition was submitted on January 23, 2017 for this
property and he recommends that the Town Board proceed with tonight’s public hearing,
but to continue the public hearing at the April 3rd meeting in order to give the Town Board
ample time to take the necessary action on the zoning petition.
Public Hearing – Mayor Byrne opened the public hearing and he asked if anyone wished
to speak in favor of the annexation petition. Mr. Gregory Morgan, 1920 Old Buies Creek
Road, Angier, spoke in favor of the annexation petition remarking that he planned to
develop the site with single family homes and that he will develop a project that the
community will be proud of. Mayor Byrne asked if anyone wished to speak in opposition
to the proposed annexation petition. No one chose to speak in opposition to the
annexation petition.
Board Member Discussion – There were no comments from the members of the Town
Board regarding the proposed annexation.
Recommendation – Continue the public hearing to the April 3, 2017 Town Board
meeting regarding an annexation ordinance to extend the corporate limits of the Town of
Fuquay-Varina to include property owned by Morgan Development Company, LLC
(ANX-2016-15) and to also consider approval of the Declaration of Annexation
Agreement at the April 3, 2017, Town Board meeting as recommended.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Gardner
MOTION RESULTS: Passed Unanimously (5-0)
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CONSENT AGENDA
Agenda Item No. 8.A: Budget Amendment BA-2017-25 - John Rex Endowment
Grant - Parks, Recreation, and Cultural Resources - $9,000
Purpose – To recognize the receipt of $9,000 from the John Rex Endowment to promote
healthy eating and active living. This award completes the final installment of a three
year grant totaling $209,887.
Recommendation – Approve Budget Amendment BA-2017-25 as presented and
recommended.
Agenda Item No. 8B: Declaration of Surplus Property - Unit 131 - 2004 Ford
Expedition Fire Truck
Purpose – To consider approval of the surplus and sale of Unit #131 - 2004 Ford
Expedition.
Recommendation – Approve the surplus and sale of Unit #131 - 2004 Ford Expedition.
Agenda Item No. 8.C: Utility Allocation - Sonoma Springs - Phase 3
Purpose – To consider a utility allocation request for the Sonoma Springs Subdivision,
Phase 3, 4,200 gpd sewer and 4,200 gpd water.
Recommendation – Approve the utility allocation request for Sonoma Springs
Subdivision, Phase 3 as presented and recommended.
Agenda Item No. 8.D: Request to Use Town Property – American Foundation for
Suicide Prevention – September 24, 2017 - South Park
Purpose – To consider a request from the American Foundation for Suicide Prevention
to use South Park for the Out of Darkness – Suicide Prevention Walk on September 24,
2017.
Recommendation – Approve the request for use of South Park for the Out of Darkness –
Suicide Prevention Walk on September 24, 2017 as presented.
Agenda Item No. 8E: Request to Use Town Property – Heritage Day – Friends of
the Museums - May 6, 2017 - Museums at Ashworth Park
& Library Park
Purpose – To consider a request from the Friends of the Museums to use the Museums
at Ashworth Park and Library Park for Heritage Day on May 6, 2017.
Recommendation – Approve the request for use of Museums at Ashworth Park and
Library Park for Heritage Day by the Friends of the Museums on May 6, 2017 as
presented.
Agenda Item No. 8.F: Project Ordinance Amendment - Bridge Street Southern
Street Water Line Project - $10,000
Purpose – To consider a project ordinance amendment to the Bridge Street and
Southern Street infrastructure improvements project to cover unforeseen project costs
and project improvements.
Recommendation – Approve a project ordinance amendment to the Southern Street
Paving/Bridge Street Infrastructure project in the amount of $10,000 to account for
additional project costs and project improvements. Ordinance No. N-17-04
A motion was made to approve all items A through F on the Consent Agenda as
recommended.
MOTION: Commissioner Wunsch
SECOND: Commissioner Gardner
MOTION RESULTS: Passed Unanimously (5-0)
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ADMINISTRATIVE REPORTS
Agenda Item No. 10.A: Grant Project Reimbursement - CDBG Funding - Water
Project - Burton Street
Purpose – To approve matching funds for Community Development Block Grant funding
administered by Wake County for the replacement of the Burton Street 2" water line with
a new 6" water main.
Staff Comments – Town Manager Mitchell advised that based on the 5 year plan that the
Town completed with Wake County for the administration of Community Development
Block Grant Funds and the current funding levels of the Bridge Street and Southern
Street infrastructure improvements, additional funds are available to complete the
replacement of the existing 2" water line in Burton Street with a 6" water main. The total
estimated project cost is $146,000, which would require $29,200 in town matching funds.
Town Manager Mitchell reported that the Public Utilities department has sufficient funds
available to provide this match from the operating budget in the water enterprise fund.
He also stated that should this work extend into next year, public utilities would maintain
the budget accordingly.
Board Discussion – Mayor Byrne stated that it is important that the 2” lines be replaced
because it is difficult to operate a fire hydrant from a 2” line. Town Manager Mitchell
stated that it is a great opportunity to make advancements in the older parts of the
Town’s infrastructure. Mayor Byrne then asked about the age of the 2” inch water line
on Burton Street. Public Utilities Director Jay Meyers stated that the 2” water line was
installed during the 1970’s when Burton Street was constructed. Mayor Pro-Tem
Massengill asked about the number of fire hydrants on Burton Street. Fire Chief
Anthony Mauldin stated that a fire hydrant is located at the corner of Burton Street and
Bridge Street. Town Engineer Tracy Stephenson stated that since fire hydrants require
a 6” water line, a fire hydrant would be placed at the end of Burton Street once the water
line is put in place. During further discussion, Commissioner Adcock asked about the
source for the matching funds. Town Manager Mitchell stated that these funds came
from Wake County’s Community Development Block Grants (CDBG). Commissioner
Adcock encouraged Town staff to continue to work on replacing the old water line
infrastructure throughout Town.
Recommendation – Approve matching of funds for Burton Street Waterline Replacement
in the amount of $29,200.00.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Harris
MOTION RESULTS: Passed Unanimously (5-0)
Agenda Item No. 10.B: Preliminary Plat - Adalyn Place Open Space Development
Subdivision - SUB-PR-2016-08
Purpose – To consider approval of a preliminary subdivision plat submitted by The Nau
Company, PLLC. The proposed open space development, Adalyn Place, is located at
260 Bramblehill Drive and zoned Residential Medium Density Conditional Zoning District
(RMD-CZD).
Staff Comments – Town Manager Mitchell advised that the proposed open space
development, Adalyn Place, is located in the Residential Medium Density Conditional
Zoning District (RMD-CZD), formerly R-10 (CZD) Residential Single and Two-Family
Conditional Zoning District. The preliminary subdivision plat was submitted on July 20,
2016 and is subject to Town Code of Ordinances, Part 9 Planning & Regulation of
Development, as it was submitted prior to the adoption of Town Code of Ordinances,
Part 9 Land Development Ordinance. Applicable conditions related to the zoning of the
subject property are as follows: (1) Only single-family detached homes will be allowed
(no duplexes); and (2) A barricade is required to be placed at the north entrance of the
Northwyck neighborhood (Bevis Marks Dr.) until a minimum of 50% of the proposed lots
have been developed. This subdivision is proposed using open space development
standards at 25% open space dedication and contains a total of 92 single family lots on
26.485 acres. The subdivision being developed under R-10 Open Space Development
standards requires minimum average lot area size of 6,000 square feet. The proposed
subdivision meets that requirement with an average lot size of 7,391 square feet. The
smallest lot is 5,458 square feet. Primary access to the proposed subdivision is via an
extension of East Academy Street, beginning at the intersection of SE Judd Parkway,
across the northern boundary of the subject property and via an extension of Bevis Mark
Drive from the Northwyck Subdivision to the south. The 2006 Fuquay-Varina Community
Transportation Plan identifies extension of East Academy Street as a thoroughfare
collector with dedication of a 60 foot right-of-way and a 37 foot back-to-back width,
including two (2) travel lanes with sidewalks on both sides. SE Judd Parkway is a major
thoroughfare providing three travel lanes with sidewalks on both sides. The proposed
development includes construction and dedication of one half of a 70 foot right-of-way
and one half of the 51 foot back-to-back width of SE Judd Pkwy along the entire length
of the subject property. Town Manager Mitchell advised the Town Board that the
developer understands that the Town is in the process of rewriting its Community
Transportation Plan and SE Judd Parkway will be identified as a future 100ft. ROW as a
recommendation of the new plan. He stated that the developer has agreed to dedicate
one half of the soon to be required 100ft. ROW as a part of a preliminary plat
amendment to be submitted to the Town by March 17, 2017. The developer has
requested to move forward with Town Board consideration for approval and
management agrees, so as to allow the project to move forward, subject to the submittal
of the preliminary plat amendment by March 17, 2017 showing one half of the 100ft.
right-of-way. The 2014 Community Pedestrian Master Plan identifies sidewalks on East
Academy Street extension and SE Judd Parkway, consistent with the CTP and shown
on the proposed subdivision. The subdivision is within the town limits and will have
available public water and sewer services installed by the developer. At the January 10,
2017 Planning Board meeting, the Planning Board unanimously recommended approval.
As this open space development meets all Town requirements, Town Manager Mitchell
advised that he and staff also recommend approval.
Board Discussion – Mayor Pro-Tem Massengill asked if the proposed preliminary plat
meets the requirements of the Town’s ordinances and he expressed concerns about
future road connectivity due to wetland issues. Town Manager Mitchell stated that the
proposed preliminary plat does meet town standards and that the portion of adjacent
property currently zoned RHD would be required to make needed road connections once
it is developed.
Recommendation – Approve the proposed Adalyn Place (SUB-PR-2016-08) preliminary
subdivision plat, an open space development containing 92 single family lots subject to
submittal of a Preliminary Plat amendment submitted by March 17, 2017 showing the
dedication of right-of-way along the property road frontage adjacent to SE Judd Parkway
that reflects one half of 100ft., as presented and recommended.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Wunsch
MOTION RESULTS: Passed Unanimously (5-0)
Agenda Item No. 10.C: Project Ordinance Amendment - Herbert Akins Road
Realignment Project - Hilltop Needmore Road Mitigation
Reimbursement - Sunset Bluffs Subdivision
Purpose – To consider a project ordinance amendment in the amount of $48,750 to the
Herbert Akins Road Realignment project completed through a development agreement
with the Sunset Bluffs Developers, SSBNC, LLC.
Staff Comments – Town Manager Mitchell advised that the Town Board entered into a
development agreement with the developers of Sunset Bluffs, SSBNC, LLC in 2013 for
the realignment and expansion of Herbert Akins road as it relates to the Sunset Bluffs
and Mill Ridge Developments. As a part of that agreement, the Town agreed to
reimburse SSBNC, LLC up to $275,000 for construction of the road and 50% of
compensatory mitigation up to $200,000 required by the United States Corps of
Engineers for the creek/wetlands crossing that was a part of the project. Town Manager
Mitchell reported that at the time, the Town Board adopted a project ordinance and
funded the $275,000 reimbursement funds. He further stated that the amount of the
mitigation was not known at the time and thus, was not budgeted. Subsequently, the
mitigation amount was determined to be $97,500 and was paid by the developer. Town
Manager Mitchell stated that the Town has processed the reimbursement requests by
SSBNC, LLC in accordance with the development agreement and has reimbursed them
the $275,000 for construction. He advised that a project ordinance amendment is
needed to fund the Town's share of the mitigation, which is $48,750. Town Manager
Mitchell remarked that he and staff have evaluated the developer's documentation, and
found the mitigation costs to be justified and eligible for reimbursement under the terms
of the agreement and stated that management and staff recommend approval. He
advised that the proposed Project Ordinance Amendment will move $48,750 from bond
interest funds to the Herbert Akins Road Realignment Project Ordinance.
Board Discussion – Mayor Byrne asked if this Project Ordinance Amendment brings the
project to a conclusion. Town Manager Mitchell stated yes, that the Project Ordinance
Amendment completes this portion of the project.
Recommendation – Approve the project ordinance amendment in the amount of $48,750
for costs incurred under the development agreement with SSBNC, LLC for construction
of a portion of Herbert Akins/Hilltop Needmore Road.
MOTION: Commissioner Gardner
SECOND: Commissioner Harris
MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-17-05
Agenda Item No. 10.D: Consultant Selection - Sunset Lake Road/Purfoy Road/N.
Main Street
Purpose – To approve consultant selection for the Sunset Lake Road, Purfoy Road, and
North Main Street LAPP project.
Staff Comments – Town Manager Mitchell stated that the Town has reached another
milestone at working toward our roadway improvements. He advised that the Town staff
solicited Letters of Interest (LOIs) for design consultants to complete the LAPP project
improvements for the Sunset Lake, Purfoy and North Main Street intersection. These
improvements were initially identified in the Hot Spot analysis conducted by Mott
MacDonald on behalf of the Capital Area Metropolitan Planning Organization (CAMPO)
in 2015. The Town has coordinated with NCDOT, who has already completed some
initial improvements as a part of their resurfacing and maintenance program. However,
further improvements, including but not limited to restoration of the pedestrian signals,
restriping, and construction of concrete medians are still required to complete the initial
phase of improvements, as well as to make all lanes of traffic fully operational. Following
the initial phase improvements, Town staff will then turn its focus to the 2015 bond
program improvements that will include design and construction of lane additions. In
future years, the Town plans to further improve traffic at this intersection by extending
improvements north of the railroad as a part of the Town's 2015 Transportation Bond
program. These additional improvements require further design, right of way acquisition,
and railroad coordination, which it is not feasible to complete them as part of the current
LAPP project. Town Manager Mitchell reported that town staff received letters of interest
from three highly qualified transportation firms and based on the scoring criteria
established in the request for qualifications, Mott MacDonald was the highest scoring
firm. He advised that pending Town Board approval, Town Staff will work with Mott
Macdonald to develop scope and fee and bring that recommendation to the Town Board
at its next meeting. The concurrence in selection letter to NCDOT is attached for
reference. Construction of this project is expected to begin in the final quarter of 2017.
Town Manager Mitchell stated that he and staff recommend approval of consultant
selection, which will allow for the design and construction of this project to remain on
schedule.
Board Discussion – Mayor Pro-Tem Massengill stated that he was happy to see Mott
MacDonald; a local firm, as the highest scoring firm recommended for the design of the
project. He then asked at what point improvements would be made north and west past
the railroad. Engineering Director Tracy Stephenson stated that we are probably looking
at 2019 because of the coordination that has to be done with Norfolk Southern Railroad
for the railroad crossing design. Mayor Pro-Tem Massengill expressed concerns that the
general public should be made aware that this is a phased project, and while the initial
work is done and completed, the entire project would not be finished at that point.
Recommendation – Approve the selection of Mott MacDonald for the design of the
Sunset Lake Road/Purfoy Road/N. Main Street intersection improvements associated
with the Locally Administered Projects Program (LAPP) project and instruct staff to
negotiate a scope and fee to be considered at a later meeting, subject to NCDOT
concurrence.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Wunsch
MOTION RESULTS: Passed Unanimously (5-0)
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OTHER BUSINESS
A. Manager’s Report – (Mitchell)
Town Manager Mitchell briefed the Town Board on the following topics:
Public Information meeting held on Downtown Water Line Project resulted
in no issues to resolve and the Town is in position to move forward with
the project. Public Utilities Director Jay Meyers stated that the water line
project will start soon on Pine Street and Main Street.
Recently hired two sanitation workers.
Bids for the Arts Center were opened and he will bring back a
recommendation at the Feb. 21st meeting.
Downtown Advisory Committee is working with Liz Parham of the NC
Main Street Program on the Downtown Strategic Plan.
Inspections Department received 79 permits for the month of January and
17 permits have been submitted so far for the month of February.
Hired new planner - Heather Britt will start on March 1st.
IT Department –will open bids tomorrow for the building security upgrades
for the Town’s public buildings.
Engineering Department is in the process of hiring a staff engineer that
was approved in this year’s budget.
Communications Department working on a design for way-finding signs
and working with the Town Manager and the Mayor on the State of the
Town Address.
Finance Department working on materials for the FY 18 budget.
Police Department and Fire Department preparing for the Winterfest Skills
competition this coming weekend.
Fire Department working on budget request to submit to Wake County.
Human Resources Department working pay and classification study with
consultant.
Parks and Recreation accepting registration for spring sports.
Reported that the first house in Sonoma Springs sold for $398,000, which
was above the base price in the development agreement.
B. Project Status Report – February 2017
C. Coffee with a Cop – Village at Marquee Station – February 28,2017 - 9:00 am -
11:00 am
D. Zoning Map Amendment - Reliabuilt, LLC - 5375 and 5311 Old Powell Road -
PIN 0657336137 and a portion of PIN 0657446163 - REZ-2016-31 - (FIRST
READING) - (Mitchell/Matthews/Smith)
E. Zoning Map Amendment - Mauldin Watkins Surveying, PA - 6648 Old Mills
Road - PIN 0678123185 - REZ-2016-35 - (FIRST READING) -
(Mitchell/Matthews/Smith)
F. Zoning Map Amendment - JS Development Company - 1220 and 1240 Kenneth
Branch Road - Portion of both Wake County PINs 0655999658 and 0665094827
- REZ-2017-02 - (FIRST READING) - (Mitchell/Matthews/Smith)
G. Zoning Map Amendment - Mauldin Watkins Surveying, PA - 202 and 0 Wagstaff
Road- PINs 0656728150 and 0656714997 - REZ-2017-01 - (FIRST READING) -
(Mitchell/Matthews/Smith)
******************************
TOWN BOARD MEMBER COMMENTS
Mayor Pro-Tem Massengill – stated that the sun is shining bright on Fuquay-Varina.
Commissioner Adcock – stated that it’s really exciting to see the Town work on all of the
things that are improving quality in Fuquay-Varina, and he agreed that the sun is shining
bright on Fuquay-Varina.
Commissioner Harris – stated that he had no further comments.
Commissioner Wunsch – stated that the sun is definitely shining bright on Fuquay-
Varina.
Commissioner Gardner – stated that there is a dash more sunshine in Fuquay-Varina.
She also shared an invitation that there is a 5K walk/run for Suicide Prevention that
honors her late son and sponsored by his fraternity at NC State University. The event
“Break the Silence” will take place on March 25, 2017, at 11:00 a.m., at the Wake Med
Soccer Complex.
Mayor Byrne – stated that he appreciates all the Town Board does outside of our regular
meetings. He stated the he attended the funeral of a former Town resident, Ms. Mable
Thorpe, who lived to see her 107th birthday before passing away. He also stated that on
February 13th there will be a dedication of a park bench in memory of Frances Ashworth
Sentor at Ashworth Park. He also reminded the public that the Town Board will hold a
Strategic Planning Retreat on February 18 – 20, 2017, in Pinehurst, N.C.
******************************
CLOSED SESSION
A motion was made for the Town Board to enter into closed session at 8:37 p.m.
pursuant to N.C.G.S. §143-318.11 (a) (3) – Attorney Client Privilege, N.C.G.S. §143-
318.11(a)(4) – Economic Development, and §143-318.11 (a) (5) – Property Acquisition.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Adcock
MOTION RESULTS: Passed Unanimously (5-0)
******************************
OPEN SESSION
The Town Board returned to open session at 8:56 p.m. At that time, Town Attorney
Mark Cumalander reported that the Town has resolved a disputed a legal matter with
former employee Daniel Christopher Hackney, Sr. upon payment of $12,000 pursuant to
the terms set out in a settlement agreement as provided by law.
******************************
ADJOURN
A motion was made to adjourn the meeting at 8:57 p.m.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Wunsch
MOTION RESULTS: Passed Unanimously (5-0)
Adopted this the 21st day of February 2017 in Fuquay-Varina, North Carolina.
FUQUAY-VARINA, NORTH CAROLINA
John W. Byrne, Mayor
ATTEST: (TOWN SEAL)
Rose H. Rich, Town Clerk
Agenda
Town Commission
Agenda
Monday, February 06, 2017
7:00 PM
Location: 401 Old Honeycutt Road, Fuquay-Varina, NC 27526
Mobile phones are to be turned off or placed on silent/vibrate during the meeting. Please exit the Commission Chambers
before using your mobile phone.
The agenda is prepared and distributed on Friday preceding the meeting to the Commission and news media.
1. Call to Order
2. Invocation and Pledge of Allegiance
3. Approval of Minutes
3.A Approval of Minutes - January 17, 2017
4. Presentations
4.A Presentation - Law Enforcement Community Engagement Video - The Other Side -
(Mitchell/Fahnestock)
4.B Recognition - Fuquay-Varina High School Gymnastics Team - State Champions - (Mayor
Byrne/Mitchell)
5. Public Comment The public is invited to address the Town Board.
6. Items Tabled From Previous Meeting
7. Public Hearing
7.A Zoning Map Amendment - Tony M Tate Landscape Architecture, PA and James Minor - 1000
NE Judd Parkway - Portion of PIN 0667434461 - REZ-2016-34 - (Mitchell/Matthews/Smith)
7.B Voluntary Annexation Petition - Southview Self Storage, LLC - 0 S NC 55 Hwy - PIN
0676195209 - ANX-2016-12 - (Mitchell/Matthews/Smith)
7.C Voluntary Annexation Petition - David G. Moore Property - 6648 Old Mills Road - PIN
0687123185 - ANX-2016-13 - (Mitchell/Matthews/Smith)
7.D Voluntary Annexation Petition - Morgan Development Company, LLC - 1829 and 1855 Eddie
FUQUAY-VARINA BOARD MEETING
TOWN COMMISSION AGENDA
FEBRUARY 06, 2017
PAGE 2
Howard Road - PIN 0686076032 and PIN 0686079384 - ANX-2016-15 -
(Mitchell/Matthews/Smith)
8. Consent Agenda
8.A Budget Amendment - John Rex Endowment - Parks, Recreation, and Cultural Resources -
$9,000 - BA-2017-25 - (Mitchell/Matthews/Cox)
8.B Declaration of Surplus Property - Unit 131 - 2004 Ford Expedition Fire Truck -
(Mitchell/Mauldin)
8.C Utility Allocation - Sonoma Springs - Phase 3 - (Mitchell/Meyers)
8.D Request to Use Town Property – American Foundation for Suicide Prevention – September 24,
2017 - South Park - (Mitchell/Matthews/Cox)
8.E Request to Use Town Property – Heritage Day – Friends of the Museums - May 6, 2017 -
Museums at Ashworth Park & Library Park - (Mitchell/Matthews/Cox)
8.F Project Ordinance Amendment - Bridge Street Southern Street Water Line Project - $10,000 -
(Mitchell/Matthews/Stephenson)
9. Items Removed From Consent This section is reserved for items removed from the consent
agenda for separate consideration.
10. Administrative Reports
10.A Grant Project Reimbursement - CDBG Funding - Water Project - Burton Street -
(Mitchell/Matthews/Stephenson)
10.B Preliminary Plat - Adalyn Place Open Space Development Subdivision - SUB-PR-2016-08 -
(Mitchell/Smith)
10.C Project Ordinance Amendment - Herbert Akins Road Realignment Project - Hilltop Needmore
Road Mitigation Reimbursement - Sunset Bluffs Subdivision -
(Mitchell/Matthews/Stephenson)
10.D Consultant Selection - Sunset Lake Road/Purfoy Road/N. Main Street -
(Mitchell/Matthews/Stephenson)
11. Other Business
11.A Manager's Report
11.B Project Status Report (February 2017)
11.C Coffee with a Cop - Village at Marquee Station - February 28, 2017 - 9:00 - 11:00 am
11.D Zoning Map Amendment - Reliabuilt, LLC - 5375 and 5311 Old Powell Road - PIN 0657336137
and a portion of PIN 0657446163 - REZ-2016-31 - (FIRST READING) -
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FUQUAY-VARINA BOARD MEETING
TOWN COMMISSION AGENDA
FEBRUARY 06, 2017
PAGE 3
(Mitchell/Matthews/Smith)
11.E Zoning Map Amendment - Mauldin Watkins Surveying, PA - 6648 Old Mills Road - PIN
0678123185 - REZ-2016-35 - (FIRST READING) - (Mitchell/Matthews/Smith)
11.F Zoning Map Amendment - JS Development Company - 1220 and 1240 Kenneth Branch Road -
Portion of both Wake County PINs 0655999658 and 0665094827 - REZ-2017-02 - (FIRST
READING) - (Mitchell/Matthews/Smith)
11.G Zoning Map Amendment - Mauldin Watkins Surveying, PA - 202 and 0 Wagstaff Road- PINs
0656728150 and 0656714997 - REZ-2017-01 - (FIRST READING) - (Mitchell/Matthews/Smith)
12. Town Board Member Comments Mayor and Commissioners
13. Closed Session
13.A Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege, N.C.G.S. 143-318.11 (a)
(4) - Economic Development, and N.C.G.S. 143-318.11 (a) (5) - Property Acquisition/Contract
14. Adjourn
IN ACCORDANCE WITH ADA REGULATIONS, PLEASE NOTE THAT ANYONE WHO NEEDS AN
ACCOMODATION TO PARTICIPATE IN THE MEETING SHOULD NOTIFY THE TOWN CLERK AT
(919) 552-1401 AT LEAST 48 HOURS PRIOR TO THE MEETING.
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