Board of Commissioners

Town Commission Agenda Results Tuesday, December 19, 2017 7:00 PM Location: 401 Old Honeycutt Road, Fuquay-Varina, NC 27526 BOARD OF COMMISSIONERS – REGULAR MEETING 1. Call to Order – Mayor John W. Byrne 2. Invocation & Pledge of Allegiance – Mayor Pro-Tem Massengill offered the invocation and Commissioner Charlie Adcock led the Pledge of Allegiance. 3. Approval of the minutes for the December 4, 2017 Regular Town Board meeting. – Approved (5-0) 4. Presentations: A. Recognition - Corporal David Brown - Advanced Law Enforcement Certificate Police Chief Laura Fahnestock and Mayor Byrne recognized Corporal David Brown for receiving his Advanced Law Enforcement Certificate from the Criminal Justice Stands Division of the NC Department of Justice. 5. Public Comments – There were no public comments. 6. Items Tabled From Previous Meetings: A. Town Code Amendment - Clarifying Specific Development Criteria - CTA-2017-04 The purpose of this agenda item was to consider the remaining portion of a proposed text amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, related to specific development criteria pertaining to the RMU Zoning District Setback. Adopted Ordinance No. PZ-17-04 Public Hearings: 7A. Voluntary Annexation Petition - Ahmed Hassan and Fatimah Darwish Property - 8405 Fayetteville Road - PIN 0689852343 - ANX-2017-19 The purpose of this agenda item was to consider an ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a petition for voluntary annexation of property owned by Ahmed Hassan and Fatimah Darwish, located at 8405 Fayetteville Road containing approximately 0.631 acres (PIN 0689852343).-Approved (5-0) Ordinance No. N-17-42 7B. Zoning Map Amendment - Mauldin Watkins Surveying - 8405 Fayetteville Road - PIN 0689852343 - REZ-2017-28 The purpose of this agenda item was to continue the public hearing and consider a zoning map amendment for a total of 0.459 acres, located at 8405 Fayetteville Road, from the Wake County R-30 Zoning District to the Office & Institutional (O&I) Zoning District. The subject property is also known as Wake County PIN 0689852343. Approved (5-0) 7C. Voluntary Annexation Petition - Christine Powell - David and Irene Baldwin - 5006 Pond Water, 5404 Old Powell Road and 0 Three Ponds Drive - PIN 0657235926, 0657149897 and 0657149593- ANX-2017-13 The purpose of this agenda item was 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 Christine M. Powell and David and Irene Baldwin located at 5006 Pond Water Drive, 5404 Old Powell Road and 0 Three Ponds Drive, PINs 0657235926, 0657149897 and 0657149593, containing a total of 38.640 acres. (The Town Board continued the public hearing and tabled consideration to the February 20, 2018 Town Board meeting as requested.) 7D. Zoning Map Amendment - Smith Douglas, Morgan Bryan - 5006 Pond Water Road, 5404 Old Powell Road, and 0 Three Ponds Drive - PINs 0657235926, 0657149593, 0657149897 - REZ-2017-26 The purpose of this agenda item was to consider a requested zoning map amendment for a total of 37.52 acres, located at 5006 Pond Water Road, 5404 Old Powell Road, and 0 Three Ponds Drive, from the Wake County R-30 Zoning District to the Residential Medium Density Conditional Zoning District (RMD-CZD). The subject properties are also known as Wake County PINs 0657235926, 0657149593 and 0657149897. (The Town Board continued the public hearing and tabled consideration to the February 20, 2018 Town Board meeting as requested.) 7E. Assignment of Purchase and Sale of Real Property Agreements - Charles L Parker and Anna T. Parker, 110 N Main St. (PIN 0656976853); and 0 North Main St. (PIN 0656977850); and Jones Street, LLC, Wake Chapel Properties, LLC; and Robert J. and Patricia M. Barker, 131 N Fuquay Ave. (PIN 0656988051), 127 N Fuquay Ave. (PIN 0656978874), 107 E. Academy St. (PIN 0656978744), 0 North Main Street (PIN 0656977885) The purpose of this item was to consider approval of the assignment of Purchase and Sale of Real Property Agreements under contract by the Town of Fuquay-Varina with Charles L Parker and Anna T. Parker; and Jones Street, LLC, Wake Chapel Properties, LLC; and Robert J. and Patricia M. Barker. Approved (5-0) 7F. Financing for Property Acquisition and Renovation - Town Facilities The purpose of this item was to hold a public hearing and adopt a resolution supporting the Town's proposed financing of the acquisition and renovation of property for town facilities. Adopted (5-0) Resolution No. 17-1498 7G. Abandonment of Public Right-of-Way – Resolution Ordering the Abandonment of a Portion of E. Spring Street (Approximately 615 Linear Feet) – SC-2017-01 The purpose of this item was to consider a resolution ordering the abandonment of public street right-of-way along East Spring Street, approximately 615 linear feet, from East Vance Street to the west property line of the Parker property, following an application submitted by Wayne Mauldin, on behalf of owners Charles L. Parker, James J. Parker and Gerald B. Parker and proper public notice. Adopted (5-0) Resolution No. 17-1499 Consent Agenda Agenda Item No. 8.A: Reimbursement Request - Brighton Forest Subdivision - Off- site Water Line - Budget Amendment - $31,000 - BA-2018-15 Purpose – To consider approval of an Off-Site Infrastructure Reimbursement Request from Brighton Forest Inc. in the amount of $31,000 and approve budget amendment BA-2018-15. Recommendation – Approve the Brighton Forest, Inc. Offsite Infrastructure Reimbursement Request and Budget Amendment BA-2018-15 in the amount of $31,000 as presented and recommended. Agenda Item No. 8B: Budget Amendment - Transfer of Debt Service Appropriation - $285,437.00 - BA-2018-14 Purpose – To move the debt service funds for the Public Works Service Center from the Enterprise Fund to the Debt Service Fund. Recommendation – Adopt Budget Amendment BA-2018-14 as recommended and presented. Agenda Item No. 8.C: Budget Amendment - Recognize Revenue of Fire Equipment Sales and Donations - $47,197 - BA-2018-16 Purpose – To recognize revenue from Equipment Sales and Donations within the Fire Department in the amount of $47,197. Recommendation – Approve Budget Amendment BA-2018-16 as recommended and presented. Agenda Item No. 8D: Fee Schedule Amendment - Small Wireless Equipment Application and Connection Fee Purpose – To consider a fee schedule amendment to accommodate a new application and connection fee for small wireless facilities. Recommendation – Approve the proposed amendment to the adopted 2018 Fiscal Year Fee Schedule, adding a fee for small wireless facility applications and connections, as proposed by management and staff. Agenda Item No. 8.E: Voluntary Annexation Petition - John Palmer Elliott, Heirs - 1455 Bowling Road - PIN 0655986592 - ANX-2017-25 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 January 2, 2018, following the receipt of a petition for voluntary annexation of property owned by John Palmer Elliott, Heirs located at 1455 Bowling Road, containing approximately 42.26 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 January 2, 2018, for property owned by John Palmer Elliott Heirs, (ANX-2017-25) as presented and recommended. Resolution No. 17-1500 Resolution No. 17-1501 Agenda Item No. 8F: Voluntary Annexation Petition - Hobby and Davenport - 235 Coley Farm Road - PIN 0656480178 - ANX-2017-23 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 January 2, 2018, following the receipt of a petition for voluntary annexation of property owned by Colon W. Hobby and Roger L. Davenport located at 235 Coley Farm Road, containing approximately 18.840 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 January 2, 2018 for property owned by Colon W. Hobby and Roger L. Davenport (ANX-2017-23) as presented and recommended. Resolution No. 17-1502 Resolution No. 17-1503 Agenda Item No. 8G: Utility Allocation - The Retreat at Fuquay-Varina Purpose – To consider a utility allocation request for The Retreat at Fuquay-Varina apartments. Recommendation – Approve the recommended utility allocation request for 8,708 gpd sewer and 8,708 gpd water for The Retreat at Fuquay-Varina as presented. Agenda Item No. 8H: Utility Allocation - Powell Place Subdivision Purpose – To consider a Utility Allocation request for 18,000 gpd sewer and 24,000 gpd water for the Powell Place Subdivision. Recommendation – Item was continued until the February 20, 2018 Town Board meeting. A motion was made to approve all items (A-G) on the Consent Agenda as recommended. Item H was continued to February 20, 2018 Town Board Meeting. Approved (5-0) 9. Items Removed From Consent Agenda Item No. 8H: Utility Allocation - Powell Place Subdivision Purpose – To consider a Utility Allocation request for 18,000 gpd sewer and 24,000 gpd water for the Powell Place Subdivision. Recommendation – Item was continued until the February 20, 2018 Town Board meeting. 10. Administrative Reports A. Preliminary Subdivision Plat - Powell Place Subdivision -SUB-PR-2017-16 Purpose – To consider a preliminary subdivision plat submitted by CE Group, Inc. called Powell Place Subdivision, located at 5404 Old Powell Road. This item was tabled until the February 20, 2018 Town Board meeting as requested. 11. Other Business (Town Manager) A. Manager’s Report • Town Manager Mitchell and Police Chief Fahnestock informed the Town Board that “Never Forget 9-11 Foundation” will be collecting donations for a bullet proof vest for K-9 Dash the police dog and buddie bags (first aid kits for dogs and their handler in case of injury). • Art Center Director Maureen Daley will be working with corporation/business for donations on naming different aspects of the Arts Center. • Reported that the Planning Department and Fire Department are fully staffed now. • Reported that the Town is 3 single-family permits away from where we were this time last year, having 612 permits. B. Update – Hidden Valley Infrastructure Agreement – (Mitchell/Meyers) C. Interdepartmental Transfer Report – (Mitchell/Morgan) D. Town Offices Closed for Observance of Christmas and New Years – December 25-27, 2017 and January 1, 2018 E. Event Notice – 14th Annual Rev. Dr. Martin Luther King, Jr. Celebration – Cultural Arts Society of Fuquay-Varina – January 15, 2018 F. Town Code Amendment - Amendment Addressing Recent Statutory Changes - CTA-2017-06 - (FIRST READING) - (Mitchell/Matthews/Smith) G. Zoning Map Amendment - Corporation for Educational Partnerships - 5210 Spence Farm Road - PIN 0657360697 - REZ-2017-30 - (FIRST READING) - (Mitchell/Matthews/Smith) H. Zoning Map Amendment - Mauldin Watkins Survey - 2205 Terri Creek Drive - PIN 0677688748 - EZ-2017-31 - (FIRST READING) - (Mitchell/Matthews/Smith) TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill wished everyone a Merry Christmas and Happy New Year. Commissioner Adcock thanked the Mayor and his wife for the Christmas gifts. Commissioner Harris wished everyone a Merry Christmas and Happy New Year and hope everyone is safe over the holidays. He also thanked the Mayor and his wife for the Christmas present. Commissioner Wunsch thanked the Town Board, Town management and staff for a great 2017, and he stated that he is looking forward to 2018. Commissioner Gardner stated that she enjoyed the employee Christmas luncheon and is grateful for all that staff does. She also wished everyone a wonderful and holiday. She then thanked the Mayor and his wife for the Christmas present, and stated that this year the community has shown such a big heart with dropping off and filling the trolley with food for the Food Pantry at Century 21 Realty. Mayor Byrne stated that he recently attended a Regional Managers Meeting, met with a seniors group, and met with Will Brook of the League of Municipalities. He also stated that he and Town Manager Mitchell attended the Metro Mayor’s Conference in Wilmington. CLOSED SESSION – 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 OPEN SESSION – Attorney James Adcock reported out an action taken in the Closed Session meeting for settlement of the Fine Realty Investments 1, LLC – Suntrust Bank condemnation proceeding. ADJOURNMENT