Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING AUGUST 22, 2017 CALL TO ORDER Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of Commissioners to order on August 22, 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 Matthews Town Clerk Rose Rich Assistant Town Attorney James Adcock (Town Attorney Mark Cumalander was absent.) ****************************** INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Adcock provided the invocation and Grayson Barefoot, student at Southern Wake Academy and a member of the 4-H Curious Crew Club led the Pledge of Allegiance. ****************************** APPROVAL OF THE MINUTES The August 7, 2017, minutes of the regularly scheduled Town Board of Commissioners meeting, were presented for approval. MOTION: Commissioner Wunsch SECOND: Mayor Pro Tem Massengill MOTION RESULT: Passed Unanimously (5-0) ****************************** PRESENTATIONS There were no presentations for the August 22, 2017 Town Board meeting. ****************************** PUBLIC COMMENTS: Ron Nawojczyk (5700 Creekfall Lane), president of the Crooked Creek Homeowners Association requested the endorsement by the Town Board for Wake County to purchase the abandoned golf course at Crooked Creek to be developed as a regional park. The South Wake Park Project is a grassroots initiative by residents of Crooked Creek subdivision to bring a regional park along the Hilltop-Needmore corridor in southern Wake County. Mr. Nawojczyk stated that the subject matter will be discussed at the September 5, 2017 Wake County Board meeting, and he urged members of the Fuquay-Varina Town Board to attend and lend support of the project. Town Manager Mitchell stated that he, along with the Mayor, have met with David Proper of The Conservation Fund and Wake County staff on several occasions dating back to last year to discuss the matter, and it was the Mayor that suggested that supporters of the effort seek the backing of Wake County. Mayor Byrne indicated that while the property is not located in Town and no funds have been budgeted for such a project, the Board lends its support to the project. ****************************** 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 subject 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. At that time management and staff recommended that the Town Board continue the public hearing on August 22, 2017, followed by consideration of action on the voluntary annexation petition. Public Hearing – Mayor Byrne declared the public hearing open and he asked if anyone wished to speak in favor of the annexation petition. Ms. Jamie Schwedler (301 Fayetteville Street, Raleigh, spoke in favor of the petition on behalf of the petitioner. Mayor Byrne asked if anyone wished to speak in opposition to the proposed annexation petition. Mr. Paul Bogard, 5121 Doughtymews Lane, (located in the High Grove Subdivision), Ms. Aimee Bickers, 3225 Pointellier Court, Ms. Amy Finez, 5124 Doughtymews Lane, and Mr. Steve Knott, resident of Autumn Trace subdivision (no address recorded) spoke in opposition to the proposed annexation petition. Those speaking in opposition to the annexation petition expressed concerns and requested that the Town Board 1.) strongly consider not making the proposed connection to the stub street at Doughtymews Lane in the High Grove subdivision, 2.) create a buffer more than the proposed 20 feet, and 3.) would like to see lot sizes more consistent with neighboring lot sizes. Following comments with opposition, Mayor Byrne declared the public hearing closed. Board Member Discussion – Mayor Pro-Tem Massengill stated that some of the concerns expressed in opposition to the proposed annexation could be addressed through the rezoning process. Commissioner Gardner stated that should the Town Board waive interconnectivity requirements; as requested by residents opposed to the annexation, it would set a president and go against what the Town has said is so important in our planning. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by The C&P Falco Family Limited Partnership (ANX-2017-02), as presented and recommended. MOTION: Commissioner Adcock SECOND: Mayor Pro Tem Massengill MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-17-32 Agenda Item No. 6.B: Zoning Map Amendment - Pulte Group - 5324 Hilltop Needmore Road - PIN 0678056672 - REZ-2017-07 Purpose – To continue the public hearing and 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 advised that the property is the subject of annexation petition, ANX-2017-02, which will necessitate application of the Town's zoning. The subject property is currently within the Wake County R30 Zoning District. The zoning map amendment petition request is for a total of 77.464 acres, which are currently primarily used for agricultural purposes and includes undeveloped land. Town Manager Mitchell then provided the following additional information. ZONING: The zoning map amendment petition requests approval of the Residential Low Density Conditional Zoning District (RLD-CZD). A residential density of three (3) dwelling units per acre is permitted in the RLD Zoning District, which is primarily intended for single-family residential use. The petitioner is requesting conditions pertaining to transitional density and requiring future development of the property follow open space standards. The proposed conditions are provided as an attachment to the agenda package. The proposed condition related to the waiver of interconnectivity requirements essentially requests a variance of the Town Code of Ordinances by way of a zoning map amendment: this is not consistent with and violates the spirit and letter of the Town's Land Development Ordinance, adopted October 3, 2016 and effective December 30, 2016. Since the Planning Board meeting, the petitioner has revised condition 6 and added conditions 7 and 8 to address concerns related to traffic calming and design. Conditions 3, 5, 6, and 8 have been amended since the Town Board meeting, July 10, 2017, in which this item was tabled. SURROUNDING USE: Surrounding properties are a variety of single-family residential subdivisions. To the west is Autumn Trace subdivision, to the north and east is High Grove subdivision, and to the south is the Bentwinds community. All of these subdivisions were developed within Wake County. There are also several single lot residential homes along the southern boundary of the subject property. Additionally, there are several newly formed subdivisions within the town limits in close proximity to the subject property both on Hilltop Needmore Road, Sunset Lake Road, and Old Mills Road. LAND USE PLAN: The 2035 Community Vision Land Use Plan, adopted June 5, 2017, calls for a Small Lot Residential (SLR) place type at the subject property. This classification provides for residential development with lots observing a density between two (2) and six (6) dwelling units per acre, and with preservation of open space. The requested zoning district is compatible with the 2035 LUP. For informational purposes, the 2005 Land Use Plan calls for a Low Density Residential (LDR) Classification on the subject property. The requested zoning district was compatible with the 2005 LUP. UTILITIES: Public water and sewer will be made available by the developer with future development of the subject property. The nearest public sewer is in the vicinity of Hilltop-Needmore Road and Sunset Lake Road. The nearest public water is in the vicinity of Hilltop-Needmore Road and Old Mills Road. TRANSPORTATION: The subject property has access onto Hilltop-Needmore Road, classified as a 100-foot right-of-way by the 2006 Community Transportation Plan (CTP). This is identified as a four (4) lane, median divided thoroughfare, with an ultimate design capacity of 24,400 average daily trips (ADT). It is currently a two (2) lane road with a design capacity of 12,500 ADT. The 2015 NCDOT traffic counts indicate a volume of 8,700 ADT on Hilltop-Needmore Road near the intersection with Sunset Lake Road. The subject property has access to stub street connections: Autumn Creek Drive to the west and Doughtymews Lane to the north. NEIGHBORHOOD MEETING INFORMATION: The petitioner held a neighborhood meeting on April 25, 2017 at Destination Community Church, located at 7608 Purfoy Road. The petitioner was available to provide additional information related to the neighborhood meeting. RECOMMENDATION: Management and staff recommends approval of the proposed zoning map amendment, with the exception that the petitioner proposed condition related to the waiver of inter-connectivity requirements be excluded, as without this condition the request is consistent with the land use plan and reasonable and in the best interest of the public for the following reasons: 1. An annexation petition, ANX-2017-02, was previously approved by the Town Board for the subject property, and includes provisions for connection to public water and sewer. Annexation of the subject property necessitates application of the Town's zoning. Access to public water and sewer warrants the requested RLD Zoning District at a minimum. 2. The subject property is adjacent along perimeter areas to property within the Wake County R30 Zoning District, which is comparable to the requested RLD Zoning District. 3. The proposed conditions applicable to the zoning petition provide for preservation of open space and connectivity, with the exception of the petitioner-proposed condition related to the waiver of inter-connectivity requirements. Staff recommends this condition be revised to include street design measures but exclude the statement related to not providing a street connection to an existing stub street. 4. The requested zoning district is compatible with the 2035 LUP. The Planning Board tabled the request at the regular May 15, 2017 Planning Board meeting and voted unanimously to recommend approval with all petitioner proposed conditions at the regular Planning Board meeting on June 19, 2017, finding it reasonable and consistent with the land use plan for the reasons identified by staff. The approved minutes of the June 19, 2017 Planning Board meeting were provided for information, as to the discussion related to interconnectivity requirements and Planning Board rationale as to their recommendation. The Town Board tabled the request at the regular July 10, 2017 Town Board meeting, and changes to the list of zoning conditions proposed at that time are highlighted in the "proposed zoning conditions" attachment. The annexation has likewise been tabled by the Town Board on multiple occasions, and occurred prior to application of Town zoning. Town Manager Mitchell then pointed out some of the sections in the Town’s Land Development Ordinance as it relates to the requirements for interconnectivity and the reasoning behind the requirements. Town Manager Mitchell then provided information related to Wake County’s standards for stub streets and interconnectivity, benchmark research, historic implementation of the interconnectivity requirement, and concerns about future precedent. He cautioned the Town Board about the waiver of interconnectivity and recommended that they not waive the standard that is clearly identified in the Town’s Land Development Ordinance. Public Hearing – Mayor Byrne declared the public hearing open, and he asked if anyone wished to speak in favor of the proposed zoning map amendment, REZ- 2017-07. Mr. Jim Chandler, representing the Timmons Group, 5410 Trinity Road, Suite 201, Raleigh, NC, Mr. Randy King, representing Pulte Homes, 1225 Crescent Green Drive, Cary, and Ms. Jamie Schwedler, 301 Fayetteville Street, Raleigh, spoke in favor of the request on behalf of the property owner and the developer. Ms. Schwedler offered additional conditions as follows: 1. Open Space Development will require a minimum of 10% Open Space. 2. Attached housing types (townhomes or duplex) are not allowed. 3. Minimum lot size will be 10,000 square feet. Maximum gross density will not exceed 2.9 units per acre. Lots abutting north, east and west perimeter property lines will have a 70’ minimum lot width at the front setback line. Lots abutting Hilltop-Needmore Road right-of-way will have a 70’ minimum lot width at the front set back line. 4. Vinyl siding is not permitted; however, vinyl windows, decorative elements and trim are permitted. For perimeter areas that adjoin residential lots of adjacent communities, a 20’ perimeter buffer will be located on the rear (or side) of the lot that abuts the perimeter and will consist of either preserved vegetation, re-planted vegetation, berms, fences or walls, or a combination of these to achieve a Type B Semi- Opaque standard. This 20’ buffer will be located in a landscape easement area that will be included in the lot size and will be managed by the HOA. 5. Unless required by the Town, the development will not provide a street connection to the existing Doughtymews Lane street stub north of the project. If a street connection is installed to the existing Doughtymews Lane street stub, the Developer will install a monument column and a traffic calming feature consisting of either lane narrowing, a median island or a 56’ diameter mini-circle at the connection point. If the street connection is installed to the existing Doughtymews Lane street stub, the street system south of this point will contain at least one change in direction with a stop sign condition, prior to connecting to Hilltop- Needmore Road. 6. Connections to adjacent sub streets will be barricaded during construction to prevent construction vehicles from entering adjacent neighborhoods. The barricades will be removed by the Developer when the plat for the final phase of the development is recorded, or when the Town otherwise requires their removal. 7. Multi-story single family homes will be constructed on either a crawl space, basement, or turned-down slab foundation. Slab foundations will have a minimum of 20 inches (measured from finished grade to first floor elevation) of exposed masonry such as brick or stone on the front elevation. The side and rear of houses do not have to meet these requirements. Ranch style homes will be constructed on either a crawl space, basement or slab-on-grade foundation. 8. Required roadway improvements for Hilltop-Needmore Road will be installed prior to recording of the Phase 1 Plat. Mayor Byrne then asked if anyone wished to speak in opposition to the proposed zoning map amendment for REZ-2017-07. Mr. Tim Beck, 1420 Marketview Lane, Mr. Jim Ridilla, resident of Highgrove subdivision, (address not given), Mr. Ron Nawojczyk, 5700 Creekfall Lane, and Ms. Amy Finez, 5124 Doughtymews Lane, expressed concerns in opposition to the proposed zoning map amendment as it relates to 1.) the quality of life that will be negatively impacted for neighboring residents, 2.) the connection to the stub street would increase traffic and impact the safety of the children, 3.) the reduction of property values for surrounding properties and, 4.) with the addition of approximately 200 new homes, there would be a need for a regional park in the area. Attorney Kenneth Haywood, 227 West Market Street, Raleigh expressed approval of the newly proposed condition of 10,000 square foot lots, but he asked that the Board not to allow a street connection to the new subdivision at Doughtymews Lane. With there being no additional comments in opposition, Mayor Byrne declared the public hearing closed. Board Member Discussion – Mayor Byrne stated that public safety is something the Town strives for every day, and it is important for our public safety personnel to have access through neighborhoods that are interconnected. Commissioner Adcock stated that he feels that the petitioner has offered conditions that will add to the overall quality of the project, and he agreed that waiving the street connection would set a negative precedence. He stated that the conditions offered are fair and reasonable. Commissioner Harris agreed that the developer has done their best to move forward responsibly, and while the concerns heard have merit, the Town should comply with the ideals of the Land Development Ordinance. Mayor Pro-Tem Massengill agreed that waiving the interconnectivity requirement would set a bad precedence, and he is in favor of the conditions offered by the petitioner as presented at the meeting. Commissioner Wunch expressed that he would not be in favor of waiving the street connection requirement. Being there no additional comments by members of the Town Board, Mayor Byrne called on Town Manager Mitchell for additional comments with respect to the staff recommendation. Town Manager Mitchell recommended changes to the proposed conditions that were last offered by the petitioner. He recommended that the entire condition # 5 be reworded as follows: 5. The Developer will install a monument column and a traffic calming feature consisting of either lane narrowing, a median island, or a 56’ diameter mini-circle at the connection point to existing Doughtymews Lane. The street system south of Doughtymews Lane will contain at least one change in direction with a stop sign condition, prior to connecting to Hilltop-Needmore Road. Mayor Byrne then asked Mr. King and Mr. Falco if they concurred with the changes to condition #5 as recommended by the Town Manager. Mr. King and Mr. Falco both concurred with the changes. Recommendation – Approve REZ-2017-07, a zoning map amendment at 5324 Hilltop Needmore Road, from the Wake County R30 Zoning District to the Residential Low Density Conditional Zoning District (RLD-CZD), with all conditions proposed by the petitioner at the meeting on August 22, 2017, except the proposed condition related to the waiver of interconnectivity requirements contained in the Land Development Ordinance, and specifically to the rewording of condition #5 as recommended by the Town Manager and concurred to by the property owner and petitioner. The proposed zoning map amendment is consistent with the 2035 Community Vision Land Use Plan and is reasonable and in the best interest of the public for the reasons identified by staff. MOTION: Mayor Pro Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ****************************** PUBLIC HEARINGS: There were no public hearings for the August 22, 2017 Town Board meeting. ****************************** CONSENT AGENDA Agenda Item No. 8.A: Resolution - NC Governor's Highway Safety Program Traffic Safety Grant/Police Department Purpose – To consider adoption of a Resolution of a NC Governor's Highway Safety Program Traffic Safety Grant that provides partial funding for the salary, benefits, equipment and vehicle for a Traffic Safety/Police Officer within the Fuquay-Varina Police Department. Board Discussion – Mayor Pro-Tem Massengill commended the Police Department for pursuing Traffic Safety grant funds. Police Chief Laura Fahnestock stated that the department hopes to receive the funds by October 2017. Recommendation – Adopt Resolution between the NCGHSP and the Town of Fuquay- Varina as recommended and authorize the Mayor and Town Clerk to execute the required documentation and certifications. Resolution No. 17-1476 Agenda Item No. 8B: Budget Amendment to Recognize Funds for Safe Routes to Schools Work on Bridge Street Purpose – To consider a Budget Amendment BA-2018-02 recognizing grant funds for the Safe Routes to Schools improvements on Bridge Street near Lincoln Heights Elementary. Recommendation – Approve Budget Amendment BA-2018-02 to Recognize $10,000 in additional funds for Safe Routes to School project. Agenda Item No. 8.C: Voluntary Annexation Petition - Stephen and Jodie Sgroi - 6500 Vintage Ridge Lane - PIN 0668536128 - ANX-2017-05 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 September 5, 2017, following the receipt of a petition for voluntary annexation of property owned by Stephen & Jodie Sgroi located at 6500 Vintage Ridge Lane, containing approximately 0.7 acres. Recommendation – Adopt the 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 September 5, 2017, for property owned by Stephen and Jodie Sgroi (ANX-2017-05) as presented and recommended. Resolution No. 17-1477  Resolution No. 17-1478 Agenda Item No. 8.D: Voluntary Annexation Petition - Rosemary M. Holland Property - 8701 Purfoy Road - PIN 0665899420 - ANX- 2015-15 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 September 5, 2017, following the receipt of a petition for voluntary annexation of property owned by Rosemary M. Holland located at 8701 Purfoy Road, containing approximately 59.606 acres. Recommendation – Adopt the 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 September 5, 2017, for property owned by Rosemary M. Holland Property (ANX-2017-15) as presented and recommended. Resolution No. 17-1479 Resolution No. 17-1480 Agenda Item No. 8.E: Amendment to Subrecipient Agreement Between Wake County and Town of Fuquay-Varina for Bridge Street/Southern Street Infrastructure Project Purpose – To consider authorizing the Town Manger to execute the amended sub- recipient agreement with Wake County for the Bridge Street/Southern Street Infrastructure Project. Recommendation – Authorize the Town Manager to execute the amended sub- recipient agreement with Wake County for the Bridge Street/Southern Street Infrastructure Project. A motion was made to approve all items (A-E) on the Consent Agenda as recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) ****************************** ADMINISTRATIVE REPORTS Agenda Item No. 10.A: Discussion of E-35 Elementary School Name Purpose – To discuss potential future school names for the E-35 Elementary School, to be located at the intersection of Old Honeycutt Road and Fuquay-Varina Parkway in the vicinity of the South Lakes Subdivision. Staff Comments – Assistant Town Manager Matthews advised that as the Wake County Public School System moves ahead with planning and design for a future elementary school known as E-35, the Wake County Board of Education will soon need to name the elementary school. Under School Board policy, "Schools in the Wake County Public School System shall be named in accordance with geographic location or similar site specific identifiers, such as roads, streets, natural or historical features..." WCPSS staff have reviewed the site and performed research with historic maps and have come up with the following preliminary naming suggestions and rationales: (1) Parkway Elementary: Parkway Elementary is proposed as it refers to the road from which the school will be primarily accessed, Fuquay-Varina Parkway. (2) Old Honeycutt Road Elementary: Old Honeycutt Road Elementary is proposed, as the school site is located on the northern side of Old Honeycutt Road and will also have an access from that road. (3) Black Creek Elementary: Black Creek Elementary is proposed because of the site’s proximity to Black Creek, which is the nearest notable geographic or natural feature. 4) South Lakes Elementary: The elementary school site is a part of the South Lakes PUD Master Plan, and is across Old Honeycutt Road and future Fuquay-Varina Parkway from the South Lakes subdivision. Other potential considerations for the Town Board to inform future names are the following: 1. A future Town park site, which will be master planned in conjunction with the school. The Town park does not necessarily need to have the same name as the school, but as a reminder the Town already has an Old Honeycutt Road Park. 2. There is an existing Fuquay-Varina Elementary School and Willow Springs Elementary School, therefore those names are not available. 3. Directional names (e.g. East Fuquay-Varina Elementary School) are allowed by School Board policy and have been approved by the Wake County Board of Education in recent years. 4. Schools may not be named after people, living or deceased. The Wake County BOE Facilities Committee met to have a preliminary discussion of school planning and potential names on August 9, and ruled out Old Honeycutt Road Elementary as an option. While not fully ruling out Parkway Elementary School, several school board members expressed concern it may create confusion with an existing Parkside Elementary School in Wake County. Therefore, the preferred options appear to be Black Creek Elementary or South Lakes Elementary, but there is an opportunity to consider alternative names if the Town Board prefers a different name that aligns with their facility naming policy. Following Town Board discussion of potential names for E-35, management recommended the Town Board express it's preference via a motion. The Town Board's preference will be shared with the Wake County BOE Worksession on September 5, and final approval of a name is anticipated at the regular meeting of the Board of Education on September 19. Board Discussion – Mayor Byrne stated that he preferred to name the school South Lakes Elementary School. Members of the Town Board agreed. Mayor Pro-Tem Massengill stated that naming the school South Lakes Elementary School would be a point of reference to the well-known South Lakes subdivision. Recommendation – Communicate to the Wake County Board of Education the Town of Fuquay-Varina's preference to name the future elementary school (E-35) as South Lakes Elementary School. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.B: Town Ordinance - Sale of Alcoholic Beverage Before Noon on Sundays Purpose – To consider adoption of a Town Ordinance to allow for the sale of alcoholic beverages in the Town's corporate limits, beginning at 10 AM on Sundays. This action is pursuant to the authority granted by Session Law 2017-87 by the North Carolina General Assembly. Staff Comments – Assistant Town Manager Matthews stated that in June, the North Carolina General Assembly passed Senate Bill 155 allowing the sale of alcoholic beverages before noon on Sundays at licensed premises. The bill permits municipalities the opportunity to adopt a local ordinance, if they choose to participate in the allowance of sales beginning at 10 AM rather than noon on Sundays. On Monday-Saturday, alcohol sales would continue to be allowed from 7 AM to 2 AM. The following surrounding municipalities have acted since passage of Senate Bill 155 and have opted to participate in the earlier sale of alcohol: Apex, Cary, Garner, Holly Springs, Clayton, Raleigh, Morrisville, Chapel Hill and Wake Forest. Adoption of such an ordinance will allow those businesses and restaurants permitted to sell alcohol the opportunity to begin serving at 10 AM on Sundays rather than 12 PM. This ordinance would impact both restaurant and packaged sales such as grocery and convenience stores. Potentially increased sales could benefit area restaurants and retailers by boosting Sunday brunch and lunch sales, which tends to increase jobs and tax revenue. An increase in brunch visitors could also indirectly benefit other retail businesses open in this timeframe. Several Fuquay-Varina retailers and restaurants have submitted letters requesting the Town to opt-in and adopt a local ordinance permitting the sale of alcohol to begin at 10 AM instead of 12 PM on Sundays. These letters of support are included in this agenda item. If the Town Board desires to opt-in, the Town Board in accordance with GS 160A-75, must adopt the attached proposed ordinance authorizing the earlier sale of alcohol on Sundays. No public notices or public hearing of the proposed ordinance is required. Town management acknowledges the support for adoption of the proposed ordinance in the local hospitality sector, and all neighboring Wake County communities have already opted into 10 AM Sunday sales including Wake County itself. Based primarily on these considerations, management is comfortable recommending the Town Board consider adoption of the proposed ordinance, which would allow restaurants and patrons the choice to serve or purchase alcoholic beverages beginning at 10 AM on Sunday. Board Discussion – There was no further discussion from members of the Town Board regarding this matter. Recommendation – Approve a town ordinance to permit the sale of alcoholic beverages beginning at 10 AM on Sundays, as presented and recommended by management. MOTION: Mayor Pro Tem Masssengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. M-17-03 Agenda Item No. 10.C: Project Agreements - Norfolk Southern Railroad ($596,522.00) and Duke Energy ($376,114.20) - NE Judd Parkway and North Main Street Intersection Project Purpose – To authorize the Town Manager to enter into agreements with Norfolk Southern Railroad and Duke Energy for construction and utility relocation work associated with the NE Judd Parkway and North Main Street Intersection Project. Staff Comments – Assistant Town Manager Matthews stated that the Town Board previously established a project ordinance to support the NE Judd Parkway - N. Main Street intersection project as the first of the 2015 voter approved bond projects. The initial project ordinance was set at $1,325,000 to cover the design and environmental documentation as well as Right of Way Acquisition. The project ordinance was subsequently amended to include the remainder of the construction budget of $2,810,000. The project budget has been funded by fund balance ($1,325,000), debt service reserves ($1,124,000), and Locally Administered Projects Program (LAPP) Grants ($1,686,000). At the June 20, 2017 Town Board meeting the budget was amended to add $1,090,000 to account for costs from Right of Way, Duke Energy Utility Relocation, and Norfolk Southern Railroad Crossing Construction. At the time of the June 20 budget amendment, the proposed relocation cost from Duke was $433,000. However, Town Staff worked with Duke on some design modifications and the final estimated cost is now $376,114.20. Additionally, the estimated cost of the railroad construction work at the time was $606,000. Town Staff worked with Norfolk Southern on some design modifications and the estimated cost is now $596,522.00. Assistant Town Manager Matthews advised that construction of the railroad crossing portion of this project requires a contract with Norfolk Southern Railroad, by which the Town is responsible for paying the design and construction costs of the railroad crossing directly to the railroad. Likewise, the Town must enter into an agreement with Duke Energy to pay for the extensive utility relocation work required as part of this project. The work contract with NSRR and Duke Energy falls outside the scope of what will be included in the Town's construction contract for the intersection improvements. As both agreements fall within the amended project budget, and they are necessary steps to keep the project moving forward on schedule, management and staff recommend the Town Board authorize the Town Manager to enter into these agreements. Board Discussion – Mayor Byrne asked if the intersection would be closed because of the railroad work. Assistant Town Manager Matthews stated that there may be short periods where the intersection would be closed or shifts in lanes would be managed. Recommendation – Authorize the Town Manager to enter into agreements with Norfolk Southern Railroad ($596,522.00) and Duke Energy ($376,114.20) for the NE Judd Parkway and North Main Street intersection project. MOTION: Commissioner Gardner SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.D: Resolution - Adoption of 2017 Personnel Policy Purpose – To consider an update to the Town's Personnel Policy manual. Staff Comments – Assistant Town Manager Matthews advised that in September 2016, the Town contracted with the MAPS Group to conduct a pay and classification study for the Town. A comprehensive study had not been done in over a decade. The Town Board approved the pay and classification study, which also included an update to the Town's Personnel Manual. Attached is a proposed replacement to the Town's personnel policy, which the Maps Group has provided and management recommends the board adopt by resolution. The majority of changes reflect modernization and conformity to current State and Federal employment law, as well as industry norms. The areas of substantive change are as follows: 1. Performance pay (specific procedures and criteria to be established by the Town Manager) 2. Comp time (cap accrued comp time to 240 hours, or 480 for public safety employees) 3. Stand-by or "on call" pay increased from 4 hours to 6 hours to be consistent with our market 4. Employees' drivers license status will be verified annually for positions required to maintain an active drivers license. 5. Technology/Social Media Policy included in Personnel Manual by reference 6. Inclusion of Law Enforcement Separation Allowance in Personnel Manual 7. Tuition assistance program provides reimbursement up to a flat $1,000, rather than a 50% match without a cap. 8. Adjustments to vacation leave accrual to align with peer municipalities based on years of service: -5-10 years- increase from 108 to 120 hours / year -10-15 years- increase from 120 to 144 hours / year -15-20 years- increase from 144-160 hours / year -20+ years- increase from 160-192 hours / year 9. Technical update to definitions and usage of various types of leave 10. Expanded definition of immediate family for the purposes of sick leave care (include grandparents, siblings, household members) 11. Inclusion of an adverse weather policy Assistant Town Manager Matthews advised that management recommends approval of the proposed personnel manual, which has the effect of replacing the old personnel policy. The revised personnel policy best positions the Town to be competitive in the job market, provides for efficient and continuous delivery of services to the public, and protects the Town's interests as an employer. Board Discussion – Commissioner Wunsch asked about the proposed reimbursement for educational expense. Town Manager Mitchell stated that the proposed change to this portion of the policy would place a cap on tuition reimbursements. All requests for tuition reimbursements are considered during the budget process so that staff can plan for reimbursements in the upcoming fiscal year. Mayor Pro-Tem Massengill inquired about the cap and if it would create a barrier for the Town assisting employees with pursuing their degrees. Town Manager Mitchell advised that the cap of $1,000 was in line with what we are currently assisting employees with on an annual basis and that it was consistent with what other Town’s were doing in the marketplace. He further stated that during the budget process the Town can plan better if we know there is a cap and we understand what Town employees are planning for with respect to their education so that we can assist employees in the best way reasonably possible. Recommendation – Approve the revised 2017 Personnel Policy by resolution as recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Resolution No. 17-1481 Agenda Item No. 10.E: Resolution - Authorizing Upset Bid Process - 207 Railroad Street Purpose – To consider a resolution authorizing an upset bid process for sale of property owned by the Town of Fuquay-Varina to ProServe Mechanical Inc. Staff Comments – Assistant Town Manager Matthews advised that Eric Pollard, Partner and General Manager of local Fuquay-Varina company ProServe Mechanical, Inc. located at 221 Technology Park Lane has expressed to the Town an interest to purchase Town owned property located at 207 Railroad Street consisting of 0.38 acres and being zoned Residential Medium Density (RMD) Zoning District. The Town owned property consists of a building formerly used by the Town's Utility Department to treat well water for the Town's original water distribution system. For the last several decades the building has been used by the Town for the storage of equipment & materials. The Town's Public Works and Utilities Department maintenance crews have used this property as an ancillary work station location. ProServe represents that upon acquisition of the Town property it will use the property and building to accommodate the Company's expanding operations. ProServe will use the facility as a storage hub for company vehicles and supplies utilized in the Company's commercial kitchen exhaust system install/repair/service business. ProServe estimates that 6 to 8 service vehicles will be on the property during non-business operational hours. One employee (Fleet Manager) will be located on site during normal business hours (8 AM - 5 PM, Monday - Friday). Business operations at this location are 'outbound service’ and work-order services only. Customers will not be permitted at this location. No manufacturing will take place at this location. ProServe has submitted to the Town an offer to purchase the property for $70,000. The Company has asked the Town for one contingency in its offer that the Town provide the company a zoning compliance letter to ensure the company's intended use of the property will be permitted once acquired. The Town's Planning Director has reviewed the company's intended use of the property and has provided a zoning compliance letter stating the existing use of the subject property for material storage and distribution, office use and parking of employee and company vehicles is considered an existing nonconformity and is permitted to continue at the subject property so long as the use is not discontinued for a period of 180 days or more. This provides for the continued use of both the commercial structure and storage area located on the subject property. The proposed resolution is pursuant to N.C.G.S. §160A-269 where a city may receive, solicit, or negotiate an offer to purchase property and advertise it for upset bids. When an offer is made and the council proposes to accept it, the council shall require the offeror to deposit five percent (5%) of the bid with the city clerk, and shall publish a notice of the offer. The notice shall contain a general description of the property, the amount and terms of the offer, and a notice that within 10 days any person may raise the bid by not less than ten percent (10%) of the first one thousand dollars ($1,000) and five percent (5%) of the remainder. When a bid is raised, the bidder shall deposit with the city clerk five percent (5%) of the increased bid, and the clerk shall re-advertise the offer at the increased bid. This procedure shall be repeated until no further qualifying upset bids are received, at which time the council may accept the offer and sell the property to the highest bidder. Town shall have the right to reject the offer by ProServe or any upset bidder to purchase the Town Property at any time prior to the final acceptance of the offer pursuant to statute and this Agreement shall be null and void upon such rejection, all deposits shall be returned, and the parties shall have no further obligations. Board Discussion – Mayor Pro-Tem Massengill stated that this is a great opportunity as the Board has discussed in its retreats to sell Town properties that are no longer useful. Mayor Byrne stated that he appreciates the staff working on the sale of the property. Recommendation – Adopt the proposed resolution as presented and authorize the Town Manager to execute the sale of Town owned property upon the completion of the upset bid period pursuant to N.C. Gen. Stat. 160A-269. The resolution has been reviewed by the Town Attorney as to form and content and is in the interest of the public. MOTION: Mayor Pro Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Resolution No. 17-1482 ****************************** OTHER BUSINESS  A. Manager’s Report – Reported on the status of various projects. B. NC Special Olympics Law Enforcement Torch Run - McDonald's - Saturday, August 26, 2017 - 8:00 - 2:00 pm C. FM2FV Concert - Liquid Pleasure - Thursday, September 7, 2017 - 6:30 p.m. - Centennial Square D. Coffee with a Cop - The Mill - Wednesday, September 13, 2017 - 9:00 - 11:00 am E. Zoning Map Amendment - Stephen & Jodi Sgroi - 6500 Vintage Ridge Lane - PIN - 0668536128 - REZ-2017-19 - (Mitchell/Smith) - (FIRST READING) ****************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill stated that he toured the Arts Center to see the progress being made on the renovation project. He also stated that he was excited about the great plans that Art Center Director Maureen Daly has for the Arts Program. Commissioner Adcock commended the Police Department for solving the armed robbery of Aviator’s Brewery. He also commended the Town Manager for the information provided for the zoning map amendment for REZ-2017-07 (C&P Falco case) tonight. Commissioner Harris stated that he enjoyed the Fireman’s Award Banquet this year. He also stated that he toured the Western Wake Hospital and learned that there is a proposal to build a 50-bed pediatric hospital facility here in Fuquay-Varina. Commissioner Wunsch stated the he also enjoyed the Fireman’s Award Banquet, as well as all the work done by the Fire & Police departments. Commissioner Gardner thanked the Fire and Police for all that they do, and she stated that she thoroughly enjoyed the banquet. She commended the Police Department on the recent arrest of criminals in the Avaitor’s Brewery armed robbery case, and stated that it had positive press coverage. She also stated that the town historian Shirley Simmons was elated to see the caboose placed at the Museums at Ashworth Park, and she thanked Town staff for assisting with the project. She then stated that she enjoyed speaking to 100 3rd graders at Herbert Akins Elementary school recently. Mayor Byrne stated that he appreciates all the time spent by the Board members in various appointments and events, especially at our local schools. He reviewed his schedule for the upcoming week. He commended the hard work of Police Chief Laura Fahnestock, and then stated the Fireman’s Banquet was well planned and executed. He was also excited about the caboose being put in place and becoming a part of the Fuquay-Varina Museums at Ashworth Park.  ****************************** CLOSED SESSION – The Town Board did not go into Closed Session meeting on August 22, 2017. ADJOURN A motion was made to adjourn the meeting at 9:30 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Adopted this the 5th day of September 2017 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk