Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING JULY 10, 2017 CALL TO ORDER Mayor Pro-Tem Massengill called the regular meeting of the Fuquay-Varina Board of Commissioners to order on July 10, 2017 at 7:00 p.m. (Mayor John W. Byrne was absent on scheduled vacation.) 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 Attorney James Adcock (Town Attorney Mark Cumalander was absent.) ****************************** INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Charlie Adcock provided the invocation and Building Codes Director Chris Hinnant led the Pledge of Allegiance. ****************************** APPROVAL OF THE MINUTES The June 20, 2017, minutes of the regularly scheduled Town Board of Commissioners meeting, were presented for approval. MOTION: Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) ****************************** PRESENTATIONS Agenda Item No. 4.A: Recognition - Fuquay-Varina Police Department - Education Achievements Town Manager Mitchell and Police Chief Laura Fahnestock recognized Detective/Sergeant Mike McDonald, Detective/Sergeant Cindy Perna and Police Officer Shaun Hyman (not present) for achieving their Advanced Certificate from the NC Criminal Justice Education and Training Standards Commission and for exceptional public service job performance. Uniformed Patrol Officers Daniel Look and Kevin Bissette were recognized as Officers of the Month for performing life saving measures to a 17-year old that had overdosed. These officers were commended for their dedication to training as well as exceptional public service in the Town of Fuquay-Varina. Members of the Town Board congratulated and commended members of the Police Department who were recognized for their achievements. Agenda Item No. 4.B: Recognition - Fuquay-Varina Fire Department - Education Achievement Town Manager Mitchell and Fire Chief Anthony Mauldin recognized Fire Captain Dustin Stanley for obtaining his Associates of Applied Science Degree in Fire Technology. Members of the Town Board congratulated and commended Fire Captain Stanley for his achievement. Mayor Pro-Tem Massengill presented Fire Captain Stanely with a Certificate of Achievement prepared by the Fire Chief. Agenda Item No. 4.C: Presentation - Code Save Awards - Wake County Government Town Manager Mitchell stated that every year Wake County recognizes individuals in the fire service field who have gone above and beyond the call of duty to save lives. He stated that this year Wake County requested to recognize certain members of the Fuquay-Varina Fire Department who achieved the Code Save Awards. Fire Chief Anthony Mauldin introduced Jeffery Hammerstein Assistant Chief, Wake County Emergency Medical Services (EMS). Mr. Hammerstein stated that Wake County EMS relies heavily on the Fire Department in response to emergency calls. He then recognized the following firefighters who received the award but were not present: Senior Firefighter Clay Creech, Fire Engineer Justin Grimes, Firefighter Adam Lowe, Firefighter Brandon Mason and Battalion Chief Garland Johnson. He then recognized the firefighters who achieved the award and were in attendance as follows: Fire Engineer Jerry Crocker, Fire Captain Shawn Freeman, Firefighter Ryan Griffin, Volunteer Firefighter Hunter Hartley and Fire Captain Tyson Taylor. Mayor Pro-Tem Massengill commended the firefighters for doing such a great job under stressful and emotional conditions, and he thanked them again for all that they do to keep our community safe. Members of the Town Board also expressed their appreciation to those for receiving such recognition. Agenda Item No. 4.D: Presentation - NC Department of Insurance/Office of State Fire Marshal - Insurance Grading - Fuquay-Varina Fire Department Town Manager Mitchell stated that the information that will be presented from the State Fire Marshal Office and the NC Department of Insurance is a true representation of the Fire Department’s hard work and dedication to the Town. Fire Chief Anthony Mauldin stated that the Fire Department worked diligently to improve the Town’s fire ratings which will reduce insurance rates for residents in-town and out-of-town who are serviced by the Fuquay-Varina Fire Department. He stated that the Insurance Grading classification rate range is from 1 – 10, with 1 being the best rating, and 10 being the worst. Ratings classifications are based on the Town’s water supply, communications with 911, and the Fire Department operations and risk reductions. Currently, the Town’s in-town rate is a 4 and the out-of-town rate is a 9. Brian Taylor, Deputy State Fire Marshal introduced other members of the Fire Marshal’s office who were in attendance and he then presented the Town with the new Insurance Grading classifications of 2 – for in-town and 4- for out-of-town. Fire Chief Mauldin gave a special thanks to Division Chief Glen Clapp and Deputy Chief Jim Jones for the hard work and dedicated efforts to help achieve such great ratings. He also thanked other Town departments that assisted in the effort. Mayor Pro-Tem Massengill and members of the Town Board commended the Fire Department for this achievement, which will benefit the citizens by an insurance cost savings of up to 18%. ****************************** PUBLIC COMMENTS: Mr. Jim Martz, Executive Director of the Fuquay-Varina Arts Council, who resides at 2532 Pleasant Road, Fuquay-Varina, thanked the Town Board for their generous support and made them aware of the Arts Council’s new office facility located in the old Stephens Hardware Building on Broad Street. He also stated that the Arts Council Gala Opening will take place at the new facility on August 5, 2017 from 5:00 – 9:00 p.m. He also thanked Commissioner Jason Wunsch (Arts Council Liaison) for his leadership and guidance provided to the Arts Council. ****************************** ITEMS TABLED FROM PREVIOUS MEETING: Agenda Item No. 6.A: Voluntary Annexation Petition - The C&P Falco Family Limited Partnership - 5324 Hilltop Needmore Road - PIN 0687056672 - ANX-2017-02 Purpose – To continue the public hearing and 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 The C&P Falco Family Limited Partnership, located at 5324 Hilltop Needmore Road (PIN 0678056672) containing approximately 79.023 acres. Staff Comments – Town Manager Mitchell advised that the property contains approximately 79.023 acres and it has road access at 5324 Hilltop-Needmore Road. It is non-contiguous to the Town's corporate limits and water and sewer is available to the serve the property. At the March 21, 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. At the April 3, 2017, Public Hearing, the Town Board continued the public hearing and tabled consideration until the April 18th meeting. At the April 18th meeting, the Town Board continued the public hearing and tabled consideration of the annexation to the June 5, 2017 meeting as requested by the petitioner. The Planning Board tabled action on the zoning of this property on May 15, 2017 until the June 19, 2017 Planning Board meeting to allow the petitioner and surrounding property owners more opportunity for dialogue. As such, the Town Board continued the June 5, 2017 public hearing and tabled action on the matter until the July 10, 2017 meeting in an effort to have sufficient time to consider zoning of the property following annexation. The present total value of the property is $2,059,820. He stated that a letter was submitted by the petitioner dated July 10, 2017, requesting that the matter be deferred and continued until the August 7, 2017 Town Board meeting in order to discuss the development of additional conditions with the neighbors, Town staff and the Town Board. Town Manager Mitchell handed out a copy of the letter to the Town Board. Mr. Randy King, representing the petitioner, informed the Town Manager that the Attorney representing the adjacent property owners will not be available on August 7, therefore he requested that the matter be deferred and continued until the August 22, 2017, Town Board meeting. Public Hearing – Mayor Pro-Tem Massengill declared the public hearing open and he recommended that the Town Board defer and continue the public hearing to August 22, 2017, as requested. Board Member Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – To defer and continue the public hearing to the August 22, 2017 Town Board meeting for property owned by The C&P Falco Family Limited Partnership (ANX-2017-02), as recommended. MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) ****************************** PUBLIC HEARINGS: Agenda Item No. 7.A: Zoning Map Amendment - Pulte Group - 5324 Hilltop Needmore Road - PIN 0678056672 - REZ-2017-07 Purpose – To consider a requested zoning map amendment for a total of 77.464 acres, located at 5324 Hilltop Needmore Road from the Wake County R30 Zoning District to the Residential Low Density Conditional Zoning District (RLD-CZD). The subject property is also known as a Wake County PIN 0678056672. Staff Comments – Town Manager Mitchell stated that since it would be out of order to consider zoning before the annexation of a property, the applicant has submitted a written request dated July 10, 2017, to defer and continued the zoning map amendment for REZ-2017-07 to the August 22, 2017, Town Board meeting to give time for the applicant to discuss the development of additional conditions with the adjacent property owners, Town staff and Board members. Public Hearing – Mayor Pro-Tem Massengill declared the public hearing open, and he recommended that the matter be deferred and continued to the August 22, 2017, Town Board meeting as requested. Board Member Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – To continue the public hearing and table consideration of the zoning map amendment REZ-2017-07, until August 22, 2017 for 5324 Hilltop Needmore Road. MOTION: Commissioner Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7.B: Zoning Map Amendment - MA Engineering - 313 Railroad Street - PIN 0656991642 - REZ-2017-13 Purpose – To consider a requested zoning map amendment for a total of 10.3 acres, located at 313 Railroad Street, from the Residential Medium Density Conditional Zoning District (RMD-CZD) to the Downtown Center-2 (DC-2) Zoning District. The subject property is also known as Wake County PIN 0656991642. Staff Comments – Town Manager Mitchell advised that the subject property is within the Residential Medium Density Conditional Zoning District (RMD-CZD), and is currently vacant. The property is within the corporate limits of the Town. Town Manager Mitchell then provided the following information. ZONING: The property is currently zoned RMD-CZD with conditions related to future development of the property being townhomes. The zoning map amendment petition requests approval of the Downtown Center-2 (DC-2) Zoning District. The DC-2 Zoning District serves as a transitional area to the Downtown Center-1 Zoning District, which encompasses both downtowns. The district is primarily nonresidential retail, commercial and services uses, while also provides a multi-family density of up to 22 dwelling units per acre. SURROUNDING USE: Surrounding properties are used primarily for single lot residential development. A dog grooming and care facility, Pooch Pad, is adjacent to the south. Adjacent to the north but separated by a barrier created by the railroad is a shopping center and the Town's Action Park. In the general vicinity is a variety of both residential and nonresidential uses. LAND USE PLAN: The 2035 Community Vision Land Use Plan, adopted June 5, 2017, calls for a Downtown (DT) Place Type (Classification) at the subject property. This district is intended to preserve the historic downtown commercial districts and the areas immediately surrounding them to provide for a mix of residential and nonresidential uses on small blocks to extend the existing grid network and encourage pedestrian activity. The requested zoning district is compatible with the 2035 Community Vision LUP. For informational purposes, the 2005 Land Use Plan, which was in effect upon the initial public hearing for this petition, calls for a Medium Density Residential (MDR) Classification. This is reflective of a zoning change made to the subject property in 2007 to provide for consistency in the LUP when the zoning petition was approved at that time. The requested zoning district was not compatible with the 2005 LUP. UTILITIES: Public water and sewer will be made available by the developer with future development of the subject property. TRANSPORTATION: The subject properties have access onto Railroad Street and North West Street, both of which are classified as local streets by the Town's 2006 Community Transportation Plan (CTP). Neither of these streets are maintained by NCDOT, as such traffic counts are not available. NEIGHBORHOOD MEETING INFORMATION: The petitioner held a neighborhood meeting on March 30, 2017 at Fuquay Coworking, located at 1000 North Main Street, Suite 102. ADDITIONAL INFORMATION: The Planning Board voted 4-1 to continue the public hearing to the next scheduled meeting in an effort to allow the petitioner to have additional dialogue with the neighbors. The Planning Board then voted unanimously in favor of the petition at the June 19, 2017 Planning Board Meeting. RECOMMENDATION: Management and staff recommend approval of the proposed zoning map amendment. It is reasonable and in the best interest of the public for the following reasons: 1) The requested zoning map amendment is consistent with the 2035 Community Vision Land Use Plan designation of Downtown. The Downtown Place Type provides for only two (2) zoning districts, and the requested zoning district is the least intense of the two districts. 2) The requested zoning district will support the downtown districts, goals of the 2035 LUP, Downtown Center Plan, and the Town's Land Development Ordinance. 3) The zoning map amendment is reasonable and in the best interest of the public as it will provide for infill residential development to support the surrounding  community and specifically the Town core, while providing for increased neighborhood connectivity. Public Hearing – Mayor Pro-Tem Massengill opened the public hearing, and he asked if anyone wished to speak in favor of the proposed zoning map amendment for REZ- 2017-13. Petitioner and owner of the property; Mr. Arvin Maniktala of Maniktala Associates, PC, 8401 Caughdenoy Road, Clay, NY 13041, spoke in favor of the proposed zoning map amendment. He stated that in recent meetings with the adjacent property owners he learned that they were not happy with the proposed zoning map amendment for DC-2 that he is requesting. He stated that the property is currently under contract with a developer to construct townhomes on the property which is a condition that will be agreed upon as part of the sale of the property. Mayor Pro-Tem Massengill asked if anyone wished to speak in opposition to the proposed zoning map amendment. Ms. Jovita Simons, 223 N. West Street, Fuquay-Varina, an adjacent resident spoke on behalf of herself and other adjacent residents in opposition to the proposed zoning map amendment (REZ-2017-13). She stated that she feels that there are other possible zoning categories under the LDO which could be applied in this situation to preserve the residential community that currently exist. She stated that the adjacent residents are not opposed to development and welcome new neighbors and much needed capital improvements, but they do not want the potential uses that the DC-2 Zoning would allow. Mayor Pro-Tem Massengill declared the public hearing closed. Board Member Discussion – Mayor Pro-Tem Massengill stated that since the property owner intends to sell the property for the development of townhomes, he recommends that the petitioner submit a conditional use application for this property. Commissioner Wunsch expressed concerns regarding the myriad of uses that would be allowed in the DC-2 zoning and agreed that conditions would be discussed in order to address the concerns of the adjacent residents. Commissioner Adcock also agreed that conditions would be favorable for this request. Commissioner Harris stated that he likes the idea of clarity for the adjacent residents, and he would favor conditions as well. Commissioner Gardner stated that there seems to be a disconnect in what the resident’s perception is and what the petitioner’s perception is, so she also favors the discussion of conditions for this property. Commissioner Adcock stated that he appreciates the applicant moving forward with this project. Staff Discussion – Town Manager Mitchell recommended that the Town Board table consideration to a future meeting in August, allow staff the opportunity to meet with the property owner to determine if they wish to withdraw the application and start the process over by re-submitting either a DC-2 conditional zoning application or some other zoning that would allow them to address the concerns of the blanket menu of uses, to narrow it down to residential use. The Town Board also has the option of voting down the request at this time. Recommendation – To table the zoning map amendment at 313 Railroad Street, to the August 7th Town Board meeting to allow town staff and the petition additional time to discuss the conditional zoning process and allow the petitioner the opportunity to consider and discuss conditions with adjacent property owners. MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7.C: Voluntary Annexation Petition - Bowling Road, LLC (Stancil Builders) - 1335 Bowling Road - PIN 0665094148 - ANX-2017-07 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 Bowling Road, LLC, located at 1335 Bowling Road (PIN 0665094148), containing approximately 29.57 acres. Staff Comments – Town Manager Mitchell advised that the property contains approximately 29.57 acres and it has road access at 1335 Bowling Road. The property is non-contiguous to the Town's corporate limits; however, water and sewer is available to the property. Town Manager Mitchell reported that the Town Clerk's certification of the annexation petition is still pending due to the fact that the current property owner was not the property owner at the time the petition was submitted, and the current property owners have not yet signed the annexation petition. The Town Clerk will certify the sufficiency of the petition once the current property owner has signed the petition. It is recommended that the public hearing be continued and consideration of the annexation ordinance for property owned by Bowling Road, LLC (ANX-2017-07) be deferred to the August 7, 2017 Town Board meeting. The present total value of the property is $800,870. Public Hearing – Mayor Pro-Tem Massengill declared the public hearing open, and he asked if anyone wished to speak in favor of, or in opposition to the voluntary annexation petition for ANX-2017-07. Mr. Jim Chandler, 5410 Trinity Road, Raleigh, NC 27607, spoke in favor of the request. No one chose to speak in opposition to the to the proposed annexation and Mayor Pro Tem Massengill closed the public hearing. Board Member Discussion – There was no discussion from members of the Board regarding this matter. Recommendation - Continue the public hearing and table consideration of the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Bowling Road, LLC (Stancil Builders) (ANX-2017-07) until August 7, 2017 as recommended. (NOTE: Commissioner Adcock amended his motion and added that the public hearing be reopened and continued as recommended by Attorney James Adcock.) MOTION: Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7.D: Voluntary Annexation Petition - Donnie K. and Dennis Pritt Property - 4105 Hilltop Needmore Road - PIN 0688034074 - ANX-2017-11 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 Donnie K. and Dennis Pritt - 4105 Hilltop Needmore Road (PIN 0688034074) containing approximately 0.952 acres. Staff Comments – Town Manager Mitchell advised that the property contains a total of 0.952 acres (net 0.873 acres) and it has road access at 4105 Hilltop Needmore Road. The property is contiguous to the Town's corporate limits and water is available to the property, but sewer is not yet available to the property. The owner desires public water from the Town and has signed a Declaration of Annexation and Agreement waiving any and all provisions for sewer services. At the June 20, 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 July 10, 2017 Town Board meeting. The present total value of the property is $141,272. Public Hearing – Mayor Pro-Tem Massengill opened the public hearing, and he asked if anyone wished to speak in favor of, or in opposition to the proposed annexation petition for ANX-2017-11. No one chose to speak in favor of, or in opposition to the proposed annexation. Mayor Pro-Tem Massengill declared the public hearing closed. Board Member Discussion – There was no discussion from members of the Board regarding this matter. Recommendation - Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Donnie K. & Dennis Pritt (ANX-2017-11) and to approve the Declaration of Annexation Agreement as presented and recommended. MOTION: Commissioner Harris SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-17-28 Agenda Item No. 7.E: 2035 Community Transportation Plan Purpose – To conduct a public hearing and consider approval of the 2035 Community Transportation Plan (CTP). Staff Comments – Town Manager Mitchell advised that the 2035 Community Transportation Plan (CTP) identifies transportation needs for motorists, bicyclists, pedestrians, transit and freight. The CTP articulates the designed transportation vision of the community and provides incremental steps to achieve that vision. Having an up to date and established plan will assist community leaders when making transportation decisions that will have a significant impact on the community. In addition to guiding future transportation decisions, a community transportation plan improves the Town’s chances of being awarded regional, state, federal, and private funding for transportation improvements. Town Manager Mitchell stated that obtaining funding is a highly competitive process, as Fuquay-Varina must compete against many other municipal and state projects. The CTP provides the Town a competitive edge by showing that the Town has identified projects that are planned for, of high priority, and demonstrate a clear vision of future needs. Town Manager Mitchell then reported that town staff began working with the consulting firm Kimley-Horn in August/September 2016. Coordination to begin development of the CTP began in September 2016. A CTP Steering Committee was formed and began meeting in November 2016, meeting a total of six (6) times throughout the plan development process. The Committee worked closely with Town Staff and the consultant team through development of different phases of the process and aspects of the overall plan. Public workshops were held on December 6, 2016 and March 2, 2017, the second of which received broad media coverage. Additionally, public outreach was provided at the Celebrate Fuquay-Varina Festival, at a Follow Me 2 Fuquay-Varina Concert, through flyers at Town Hall, on the Town's website and social media accounts, and through various updates provided in public meetings to the Town Board. Town Manager Mitchell then provided the following additional information. CONSULTANT INFORMATION: Staff worked with Kimley-Horn, the Town's Community Transportation Plan consultant, to develop this plan with extensive input from the CTP Steering Committee and the general public. The resource provided to be a great advantage to the Town, as the plan reflects local knowledge, familiarity with regional and Statewide transportation planning programs and initiatives, and the consultant's overall familiarity with the region. DOCUMENT INFORMATION: A draft public hearing version of the proposed CTP was provided to the Planning Board and Town Board members on May 22, 2017. A list of items to be addressed as a result of that review was provided to Kimley-Horn to be incorporated into the final public hearing draft. That list is provided as an attachment in the agenda package for this item. The changes are primarily formatting and clarification in nature, and the only substantial changes from May 22 are to the alignment of Ransdell Road where it intersects with Stewart Street near NE Judd Parkway and removal of a proposed greenway through McLamb's Salvage Yard. All changes were supported by the Planning Board recommendation. More detailed information about the 2035 Community Transportation Plan was presented by Ms. Alison Fluitt with Kimley-Horn. Public Hearing – Mayor Pro-Tem Massengill opened the public hearing, and he asked if anyone wished to speak in favor of, or in opposition to the proposed 2035 Community Transportation Plan. No one chose to speak in favor of, or in opposition to the proposed 2035 Community Transportation Plan. Mayor Pro-Tem Massengill declared the public hearing closed. Board Member Discussion – Commissioner Adcock asked about the leeway that Town staff would have in regards to the build out requirements on the two-lane road section if it doesn’t fit into a common-sense plan or if there are environmental features that would make it impractical for a developer to build the road section. Town Manager Mitchell stated that under certain environmental constraints or unique circumstances, Town staff would discuss and recommend a fee-in-lieu arrangement with the petitioner. Assistant Town Manager Matthews stated that there is also some latitude that the Town Engineer can use through the Town’s Standard and Specifications for this process. Mayor Pro-Tem Massengill stated thanked everyone involved who worked the plan, and that he appreciates that it is a living document that will be updated as necessary and discussed at future retreats. Mayor Pro-Tem Massengill further acknowledged the many hours that staff, consultants, volunteers, and community stakeholders put towards the development of the plan and stated that it was well thought out and vetted before being presented to the Planning Board and Town Board for consideration. Commissioner Gardner stated that she appreciates the multi-model options presented in the plan. Recommendation - Approve the 2035 Community Transportation Plan as presented and recommended. MOTION: Commissioner Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ****************************** CONSENT AGENDA Agenda Item No. 8.A: Budget Amendment - End of Year Project Rollover - BA-2018- 01 Purpose – To consider approval of a Budget Amendment BA-2018-01, which authorizes revenues and expenditures for projects budgeted in the 2016-2017 fiscal year but not completed by year end to rollover to the 2017-2018 fiscal year. Recommendation – Adopt Budget Amendment BA-2018-01 as presented and recommended. Agenda Item No. 8B: Voluntary Annexation Petition - Adcock Family Limited Partnership - 9036 Purfoy Road - PIN 0665597186 - ANX- 2017-12 Purpose – To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition and to adopt a resolution setting a public hearing for August 7, 2017, following the receipt of a petition for voluntary annexation of property owned by Adcock Family Limited Partnership located at 9036 Purfoy Road, containing 165.183 acres. Recommendation – Adopt a resolution instructing the Town Clerk to investigate the voluntary annexation petition, and adopt the resolution setting the public hearing for a voluntary annexation petition on August 7, 2017, for property owned by Adcock Family Limited Partnership (ANX-2017-12) as presented and recommended. Resolution No. 17-1472 & 17-1473 Agenda Item No. 8.C: Utility Allocation - Summerdale Subdivision, Phase 7 Purpose – To consider a utility allocation request for Summerdale Subdivision, Phase 7 for 8,400 gpd sewer and 8,400 gpd water. Recommendation – Approve the utility allocation request for Summerdale Subdivision, Phase 7 as presented. Agenda Item No. 8D: Utility Allocation - Summerdale North Subdivision Purpose – To consider a utility Allocation request for Summerdale North Subdivision for 7,800 gpd sewer and 7,800 gpd water. Recommendation – Approve the utility Allocation request for Summerdale North Subdivision as presented and recommended. Agenda Item No. 8E: Utility Allocation - Patriots Bluffs Subdivision Purpose – To consider a utility allocation request for Patriot Bluffs Subdivision for 11,700 gpd sewer and 11,700 gpd water. Recommendation – Approve the utility allocation request for Patriot Bluffs Subdivision as presented and recommended. Agenda Item No. 8F: Temporary Street Closures - 5K Road Race - Victory Temple Ministries - August 5, 2017 Purpose – To consider temporary street closures for the 2017 Victory Temple Ministries 5K Road Race, scheduled for Saturday August 5, 2017. Recommendation – Approve a temporary street closures request for Victory Temple Ministries 5K scheduled for Saturday August 5, 2017 as presented and recommended. A motion was made to approve all items (A-F) on the Consent Agenda as recommended. MOTION: Commissioner Harris SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ****************************** ADMINISTRATIVE REPORTS Agenda Item No. 10.A: Preliminary Subdivision Plat - Patriot Bluffs - SUB-PR- 2017-01 Purpose – To consider a preliminary subdivision plat submitted by Mauldin Watkins Surveying called Patriot Bluffs, located at 6428 Johnson Pond Road. Request for Recusal: Mayor Pro-Tem Massengill stated that he would continue to preside over this portion of the meeting, and then requested to be recused from any discussion or action on the proposed preliminary subdivision plat for SUB-PR-2017-01, as he has a financial interest in the matter. Motion to recuse Mayor Pro-Tem Massengill as requested. MOTION: Commissioner Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (4-0) Staff Comments – Town Manager Mitchell advised that the submitted preliminary subdivision; Patriot Bluffs, is located at 6428 Johnson Pond Road on 17.368 acres in the Residential Medium Density (RMD) Zoning District. He then provided the following additional information. SUBDIVISION INFORMATION: The preliminary subdivision plat proposes 52 residential lots meeting the standards for open space developments following the 25% open space dedication option. The minimum lot size permitted is 5,000 square feet. The minimum lot size provided is 5,521 square feet, with the average lot size being 10,093 square feet. Following the 25% open space dedication option, a minimum of 4.342 acres of overall open space with 0.868 acres of common green area is required. There are 4.94 acres of overall open space with 1.06 acres of common green area provided. TRANSPORTATION: Vehicular access to the project area is provided via a public street entrance onto Johnson Pond Road, classified as a minor thoroughfare. The Town's Community Transportation Plan (CTP) requires widening of half of the existing travel lanes, as well as installation of curb and gutter and sidewalk where the property fronts Johnson Pond Road. UTILITIES: Public water and sewer are available to serve the subject property and will be installed by the developer. ADDITIONAL INFORMATION: The Planning Board voted unanimously to recommend approval of the preliminary subdivision plat at their June 19, 2017 meeting. Town Manager Mitchell advised that the proposed preliminary subdivision plat meets all Town requirements, and as such management and staff recommend approval. Board Discussion – Commissioner Adcock requested that the record reflect that he had no financial interest in this matter either. Recommendation – Approve the Patriot Bluffs preliminary subdivision plat, SUB-PR- 2017-01, located at 6428 Johnson Pond Road as presented and recommended. MOTION: Commissioner Wunsch SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (4-0) Agenda Item No. 10.B: Resolution - Property Condemnation - NE Judd Parkway - Right -of-Way Purpose – To consider adoption of a resolution instructing the Town Attorney to begin condemnation proceedings for the NE Judd Parkway/N. Main Street Intersection Project. Staff Comments – Town Manager Mitchell handed out a revised resolution showing parcel identification numbers and the proper names of the property owners. He advised that the Town Board previously funded the NE Judd Parkway – N. Main Street intersection project as the first of the 2015 voter approved bond projects to reach the construction phase, and has been funded at $4,135,000 to cover the cost of design, right of way acquisition, and construction. At the June 20, 2017, regular meeting, the Town Board recently amended the project budget to cover higher than anticipated railroad crossing, utility relocation, and right-of-way costs, based on cost estimates provided by Norfolk Southern, Duke Energy and the appraised value of the 20 properties impacted by this project. Town Staff has engaged Professional Property Services (PPS) to appraise and negotiate property acquisition for the 20 properties impacted by this project. As the offer and negotiation process has progressed, it has become apparent that complexities with the ROW negotiations in the form of complex corporate ownership groups, disparity between third party appraised values and property owners' estimation of their own property values, and property owners failing to accept offers within the 30-day timeframe provided in the offer jeopardize the project schedule. The Town has committed to an aggressive schedule in information provided to the general public and in acceptance of a $1,686,000 LAPP grant, which commits the Town to award a construction contract within the one year funding cycle. In some cases, the initial step of condemnation may be required due to internal processes or releases from lenders taking excessive amounts of time, even if there is no dispute over the appraised and offered value. This corridor is comprised entirely of commercial properties. Town Manager Mitchell advised that at this time, the Town must take action to secure the property and secure the project timeline, thus delivering transportation improvements that the public expects without losing $1,686,000 in grant funding. The only remedy available to the Town is the condemnation process. The condemnation process allows the Town to move the project forward while also protecting the property owner's rights to be compensated fairly for their property. Town Manager Mitchell reminded the Board that the condemnation process requires that the Town pay fair market value to the property owner, which is established by a third-party appraisal, and could ultimately be resolved through mediation and a judge if there is a difference of opinion on appraised value. While every property owner will be justly compensated, the Town's responsibility to the taxpayer means that the Town will not pay above fair market value. In other words, eminent domain exists to protect both the public's interest and property owner's interest, while allowing critical infrastructure projects such as this one to move forward. Town Manager Mitchell stated that he and staff recommend authorizing the Town Attorney to begin the condemnation process for all the affected properties in the project limits. He advised that staff believes that many of these will be able to be settled without following the condemnation process through to completion, but all impacted properties are included in the resolution as it is not known which property owners will voluntarily accept purchase offers by the prescribed deadline to respond. Town Manager Mitchell reported that the risk to the project and grant funding requires the adoption of the condemnation resolution so that a holdout or slow to respond property owner does not negatively impact the construction schedule and funding. Town Staff, PPS, and the Town Attorneys will continue to work with property owners to settle with as little legal action as is necessary. There are no properties along the corridor that require a complete property taking or that require relocation of businesses. A resolution that includes the table of property owners and the types of ROW/Easements that are needed and the ROW exhibits was provided for the Town Board's consideration. Town Manager Mitchell advised that while staff and management do not take the condemnation process lightly, he recommends for the Board to adopt the condemnation resolution as the only viable option to move this project forward. Funding for right-of-way acquisition for properties has already been budgeted, and will be deposited in escrows if and when condemnations are exercised. In the case of a voluntary acceptance, the Town would pay the property owner at closing similar to any other real estate purchase. Assistant Town Manager Matthews stated that Engineering Director Tracy Stephenson would be handing out hard copies of exhibits 1-5 that map out the affected properties and he recommends that the attached exhibits be approved with the resolution as updated. Attorney James Adcock recommended that the resolution and exhibit reflect the proper name for NC Land LTD, to be changed to NC Land LLLP for property #3 on Exhibit 1 and for property #7 on Exhibit 3. He also recommended that the W.E. Medlin be removed to match the matrix that was submitted. Town Manager Mitchell then reviewed Exhibits 1 - 5 in detail. Board Discussion – Mayor Pro-Tem Massengill thanked the Town Manager and staff for bringing the resolution before the Board for consideration. He stated that transportation remains the number one priority of the Town Board and expressed his desire for the project to stay on schedule as the Board has committed to the community. Commissioner Wunsch added that he too wanted to see the project stay on schedule and that it was important to see this project through. It was the general verbal consensus of the Board that this roadway project was too important to let it fall behind in schedule and thanked management and staff for working to keep it on schedule. Recommendation – Approve the resolution instructing the Town Attorney to begin condemnation proceedings for the properties along the NE Judd Parkway/N. Main Intersection Project as recommended. Resolution No. 17-1474 MOTION: Commissioner Harris SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.C: Fee-in-Lieu – Cedar Crest Subdivision Purpose – To consider a fee-in-lieu request for thoroughfare improvements for the Cedar Crest subdivision in the amount of $15,008.96. Staff Comments – Town Manager Mitchell advised that the Cedar Crest Subdivision is under construction on Sunset Lake Road. A requirement of the subdivision is to complete thoroughfare improvements along Sunset Lake Road. The thoroughfare improvements cannot be completed to the property line as is usually required because of extensive impacts to the adjoining property that would result from relocation of a portion of the overhead Duke Energy power line. The developer has worked with Duke Energy to relocate the majority of the overhead utility, but it is necessary for one pole to remain until adjoining utilities are relocated. This won't occur unless there is a road improvement project or the adjoining parcel is re-developed. Town Manager Mitchell reported that Section 9-1466 of the Land Development ordinance allows for fee-in-lieu for improvements that cannot be feasibly completed. He stated that management and staff are satisfied that the developer has completed as much work as is feasible and are amenable to acceptance of a fee-in-lieu in the amount of $15,008.96 to cover 39 square yards of full depth asphalt, 42 feet of curb and gutter, relocation of the remaining Duke Energy pole, and other work that will be necessary at the time the roadway is extend further along Sunset Lake Road. The estimate was completed in compliance with the LDO, with input from Duke Energy, and includes the required 25% contingency for fee-in-lieu payments. The cost estimate was certified by the developer's engineer that has been reviewed and approved by the Engineering Director and the approved plan for the work. Based on all these factors, Town Manager Mitchell stated that he and staff support acceptance of the fee-in-lieu in the amount of $15,008.96. If approved, the Town will collect the fee-in-lieu payment of $15,008.96 and hold it in reserve for completion of this improvement when Sunset Lake Road is extended further. Board Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve the fee-in-lieu request for Cedar Crest Subdivision in the amount of $15,008.96 as presented. MOTION: Commissioner Adcock SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) ****************************** OTHER BUSINESS A. Manager’s Report – Recognized our Police Chief and Police Department for assisting the Garner Police Department during a funeral of an honorary police officer who passed away at the age of 10 from brain cancer. B. Project Status Report  C. Project Status Update – Fleming Loop Park Project – Town Manager Mitchell reported that bid estimates for the Fleming Loop Park Project came in at $5.8 million which is 130% higher than the cost estimate a year ago. The budgeted amount for the project was $3.5 million. He recommends deferral of the contract award for the project and revisiting the Town’s financial plan leading into the Town Board’s 2018 Retreat and rebidding the project in the Spring of 2018. He stated that grant funds would not be jeopardized should the Board defer award of the contract as recommended. The Town Board concurred by general consent. D. Night Out Against Crime/FVPD Open House - Tuesday, August 1, 2017 - Fuquay-Varina Police Department - 6:00 - 8:00 pm E. Ice Cream Social - July 16, 2017 - 4:00 - 6:00 pm - Fuquay Mineral Spring Park F. Zoning Map Amendment - Spaulding and Norris, PA - 1455 Bowling Road - PIN 0655986592 - REZ-2017-14 - (Mitchell/Matthews/Smith) - (FIRST READING) G. Zoning Map Amendment - Chris Mendler - 312 Spring Avenue - PIN 0656961328 - REZ-2017-15 - (Mitchell/Matthews/Smith) - (FIRST READING) H. Zoning Map Amendment - Glenn Futrell - 9036 Purfoy Road - PIN 0665597186 - REZ-2017-16 (Mitchell/Matthews/Smith) - (FIRST READING) ****************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill stated that he had no further comments or business to discuss. Commissioner Adcock stated that he was excited about Mayor Pro-Tem Massengill filing again in the 2017 Municipal Elections for a second term. Commissioner Harris stated that he had no further comments or business to discuss. Commissioner Wunsch stated that he would be delighted to serve a second term on the Town Board and he will be filing next week for the 2017 Municipal Elections. Commissioner Gardner thanked Mayor Pro-Tem Massengill for conducting tonight’s meeting in the absence of the Mayor. Mayor Byrne – no comment ****************************** CLOSED SESSION – The Town Board did not go into Closed Session. ADJOURN A motion was made to adjourn the meeting at 9:55 p.m. MOTION: Commissioner Wunsch SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) Adopted this the 7th day of August 2017 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk