Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 5, 2018 CALL TO ORDER Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of Commissioners to order on November 5, 2018 at 7:00 p.m. Commissioners Present: Charlie Adcock Marilyn Gardner Jason Wunsch Commissioners Absent: Blake Massengill (Mayor Pro-Tem) (scheduled vacation) Bill Harris (sick) Others Present: Town Manager Adam Mitchell Assistant Town Manager Mark Matthews Town Clerk Rose Rich Town Attorney Mark Cumalander ****************************** INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Charlie Adcock provided the invocation and Planning Director Samantha Smith led the Pledge of Allegiance. ****************************** APPROVAL OF THE MINUTES The October 16, 2018, minutes of the regularly scheduled Town Board of Commissioners meeting, were presented and recommended for approval. MOTION: Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (3-0) ****************************** PRESENTATIONS Agenda Item No. 4.A: There were no presentations for the November 5, 2018 Town Board meeting. ****************************** PUBLIC COMMENTS: Ms. Emily Holloway who resides at 312 Angier Road, spoke regarding crosswalks on Pittsboro Street and Bridge Street and the asphalt grade on South Fuquay Avenue. She stated that the crosswalks need to be repainted for visibility and that the asphalt needs to be lowered where it meets the curb and gutter. ****************************** ITEMS TABLED FROM PREVIOUS MEETING: There were no items tabled from previous meeting for the November 5, 2018 Town Board meeting. ****************************** PUBLIC HEARINGS: Agenda Item No. 7.A: Voluntary Annexation Petition - A & S Land, LLC - 1908 W Academy Street - PIN 0646521199 - ANX- 2018-16 Purpose –To consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a voluntary annexation of property owned by A & S Land, LLC located at 1908 W Academy Street, containing a total of 11.825 acres. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information about the voluntary annexation petition to include that water utility is available to serve the property and that sewer utility is not yet available to serve the subject property. Town Manager Mitchell also advised that the current tax value of the property is $153,976. Public Hearing – The public hearing was opened. No one chose to speak in favor of, or in opposition to the proposed annexation petition for ANX-2018- 16. The public hearing was closed. Discussion – There was no discussion from members of the Town 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 A & S Land, LLC (ANX-2018-16), and to approve the Declaration of Annexation Agreement as presented and recommended. MOTION: Commissioner Adcock SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (3-0) Ordinance No. N-18-49 Agenda Item No. 7.B: Zoning Map Amendment - A & S Land, LLC - 1908 W Academy Street - PIN 0646521199 - REZ-2018-16 Purpose – To consider a requested zoning map amendment for a total 10.7 acres, located at 1908 W Academy Street, from the Wake County Highway District to the Residential Agricultural Conditional Zoning District (RA-CZD). Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information about the zoning map amendment to include general property information, current and requested zoning of the property, proposed conditions, surrounding land use, relation to the land use plan, transportation impacts, the required neighborhood meeting, and the proposed land use plan amendment. Town Manager Mitchell stated that the petitioner proposes the following conditions: 1) Vinyl siding is not permitted; however, vinyl windows, decorative elements, and trim are permitted. 2) Garage doors shall have either windows, decorative elements, and trim. 3) All residences shall have a crawl space or have a raised foundation which at a minimum rises at least 20 inches from average grade across the front of the house to the finished floor level at the front door. 4) Any side or rear elevations of units that can be seen from the right-of- way shall have trim around windows. Town Manager Mitchell also informed the Town Board that the petitioner is proposing to amend the land use plan for this subject property to Large Lot Residential (LLR). Public Hearing – The public hearing was opened. Scott Mitchell who resides at 5601 Maggie Run Lane spoke in favor to the request. No one chose to speak in opposition to the zoning map amendment for REZ-2018-16. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2018-16, a zoning map amendment at 1908 W Academy Street, from the Wake County Highway District to the Residential Agricultural Conditional Zoning District (RA-CZD) and corresponding land use plan amendment from Mixed-Density Residential (MDR) to Large-Lot Residential (LLR). The proposed zoning map amendment with the corresponding land use plan amendment is consistent with the 2035 Community Vision Land Use Plan, and both are reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (3-0) Agenda Item No. 7.C: Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Clean-Up Amendment #6 - CTA-2018-07 Purpose –To consider a proposed text amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, Clean-Up Amendment #6 that addresses several areas for improvement. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information about the town code amendment to include the two proposed changes related to the definition of a private utility and allowable building height standards in the form based zoning districts. Public Hearing – The public hearing was declared open and Town Manager Mitchell spoke in favor of the proposed Town Code Amendment on behalf of the Town. No one chose to speak in opposition to the proposed amendment. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve CTA-2018-07, an amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, as presented and recommended by Town staff. The text amendment improves upon the LDO and is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (3-0) Ordinance No. M-18-05 ****************************** CONSENT AGENDA Town Manager Mitchell entered the agenda abstracts and supporting documents for Consent Agenda Items 8A-8L into the official record of the Town. Agenda Item No. 8.A: Contract Award - FY 2019-2021 Audit - Cherry Bekaert, LLP Purpose –To consider awarding a three-year audit contract to Cherry Bekaert, LLP. Recommendation – Award a three-year audit contract to Cherry Bekaert, LLP as presented and recommended. Agenda Item No. 8B: Temporary Street Closure – The Mill Market – The Mill – December 1, 2018 Purpose – To consider a temporary street closure on Depot Street from South Main Street to Spring Avenue, and closure of a portion of the public parking lot on Depot Street, for The Mill Market to be held on December 1, 2018 from 8:00 AM to 5:00 PM. Recommendation – Approve a temporary street closure for the Mill Market Event scheduled for Saturday December 1, 2018 as presented and recommended. Agenda Item No. 8C: Temporary Street Closure – Christmas Parade – Fuquay-Varina Chamber of Commerce – December 2, 2018 Purpose – To consider a temporary street closure for the Fuquay-Varina Chamber of Commerce Christmas Parade scheduled for Sunday December 2, 2018. The proposed street closure requests include Woodrow Street from N. Main Street to Academy Street and Main Street southbound will be closed at Ennis Street. Recommendation – Approve a temporary street closure for the Fuquay-Varina Chamber of Commerce Christmas Parade scheduled for Sunday, December 2, 2018 as presented and recommended. Agenda Item No. 8D: Project Ordinance Amendments - Enterprise Fund - Various Project Ordinances Purpose – To consider approval of Project Ordinance Amendments for various Enterprise Fund projects included in the 2018-2019 Fiscal Year Budget as follows: Lake Wheeler Road Water Line Project $30,000 Ordinance No. N-18-50 Ten Ten Road Water Line Project $10,000 Ordinance No. N-18-51 Optimist Farm Road Water Line Project $20,000 Ordinance No. N-18-52 Johnson Pond Road Water Line Project $20,000 Ordinance No. N-18-53 Southern Oaks Sewer Line Project $225,000 Ordinance No. N-18-54 Hilltop Needmore Road Water Line Project $150,000 Ordinance No. N-18-55 AMI Meter Migration Project $400,000 Ordinance No. N-18-56 Water Line Oversizing Project $50,000 Ordinance No. N-18-57 Sewer Line Oversizing Project $50,000 Ordinance No. N-18-58 Water Line Replacements Project $500,000 Ordinance No. N-18-59 Recommendation – Approve the Project Ordinance Amendments for various projects as presented and recommended. Agenda Item No. 8E: Project Ordinance and Project Ordinance Amendments - General Fund - FY 2018-2019 - Downtown Mixed-Use Development Project (formerly DFI Project), Fiber Network Project, and Northwest Judd Parkway Project Purpose – To consider approval of a project ordinance and project ordinance amendments for General Fund projects included in the FY 2018-2019 Budget. Recommendation – Approve a Project Ordinance for the Downtown Mixed-Use Development Project (formerly DFI Project), and the Project Ordinance Amendments for the Fiber Network Project and the Northwest Judd Parkway Project as presented and recommended. Ordinance No. N-18-60 Ordinance No. N-18-61 Ordinance No. N-18-62 Agenda Item No. 8F: Project Ordinance Amendment - E35 School Project - Parks, Recreation & Cultural Resources Department - $550,000 Purpose – To consider recognizing funds from the State of North Carolina and a Project Ordinance Amendment for the E35 Elementary School Park Project (Willow Lakes Park). Recommendation – Approve a Project Ordinance Amendment for the E35 Elementary School Park project as presented and recommended. Ordinance No. N-18-63 Agenda Item No. 8G: Utility Allocation - Geneva Subdivision, Phases 1-4 Purpose – To consider a utility allocation request for the Geneva Subdivision, Phase 1-4, for 30,375 gpd sewer and 36,450 gpd water, subject to preliminary subdivision plat approval. Recommendation – Approve the recommended utility allocation request for Geneva Subdivision, Phases 1-4, as presented and recommended, subject to approval of the Geneva Subdivision Preliminary Plat. Agenda Item No. 8H: Utility Allocation - Woodland Point Subdivision Purpose – To consider a Utility Allocation request for the Woodland Point Subdivision, for 1,125 gpd sewer and 1,350 gpd water, subject to approval of the preliminary subdivision plat. Recommendation – Approve the recommended utility allocation request for Woodland Point subdivision as presented and recommended, subject to approval of the Woodland Point Subdivision Preliminary Plat. Agenda Item No. 8I: Budget Amendment - Insurance Proceeds - Public Service Center - BA-2019-06 - $7,469.00 Purpose – To consider recognizing funds from insurance proceeds due to structure damage to the Public Service Center. Recommendation – Approve Budget Amendment BA-2019-06 as presented and recommended. Agenda Item No. 8J: Project Ordinance - NW Judd Parkway Water Line Project Purpose – To consider approval of a Project Ordinance establishing the budget for the NW Judd Parkway Water Line Project, in the amount of $40,000. Recommendation – Approve the Project Ordinance for the NW Judd Parkway Water Line Project as presented and recommended. Ordinance No. N-18-64 Agenda Item No. 8K: Project Ordinance - Mills Branch and Middle Creek Pump Station Improvements Project Purpose – To consider approval of establishing a Project Ordinance for the Mills Branch and Middle Creek Pump Station Improvements Project in the amount of $100,000. Recommendation – Approve the Project Ordinance for the Mills Branch and Middle Creek Pump Station Improvements Project as presented and recommended. Ordinance No. N-18-65 Agenda Item No. 8L: Project Ordinance - Middle Creek Sanitary Sewer Project Purpose – To consider approval of establishing a Project Ordinance for Middle Creek Sanitary Sewer Project in the amount of $100,000. Recommendation – Approve the Project Ordinance for the Middle Creek Sanitary Sewer Project as presented and recommended. Ordinance No. N-18-66 A motion was made to approve all items (A-L) on the Consent Agenda as recommended. MOTION: Commissioner Wunsch SECOND: Commissioner Adcock MOTION RESULT: Passed Unanimously (3-0) ****************************** ADMINISTRATIVE REPORTS Agenda Item No. 10.A: Resolution - Authorizing Sale of Standing Timber - Fuquay-Varina Business Park Property Purpose – To consider a resolution authorizing sale of property owned by the Town of Fuquay-Varina to Canfor Southern Pine pursuant to the upset bid process in the amount $64,749. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided details on the resolution authorizing the sale of standing timber from the Fuquay-Varina Business Park property specifically sharing a schedule that demonstrated the series of upset bids. Board Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Adopt the proposed resolution as presented and authorize the Town Manager to execute the sale of Town owned property pursuant to N.C. Gen. Stat. 160A-269. The resolution has been reviewed by the Town Attorney as to form and is in the best interest of the public. MOTION: Commissioner Adcock SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (3-0) Resolution No. 18-1568 Agenda Item No. 10.B: Preliminary Subdivision Plat - Woodland Point - SUB- PR-2018-08 Purpose – To consider a preliminary subdivision plat submitted by Mauldin- Watkins Surveying, called Woodland Point, located at 414 SW Judd Parkway. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided details on the preliminary subdivision plat for Woodland Point subdivision. Board Discussion – There was no discussion by members of the Town Board regarding this matter. Recommendation –Approve the Woodland Point preliminary subdivision plat (SUB-PR-2018-08) located at 414 SW Judd Parkway as presented and recommended, subject to annexation of the subject property prior to construction plan approval. MOTION: Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (3-0) Agenda Item No. 10.C: Preliminary Subdivision Plat - Geneva Subdivision - SUB-PR-2018-04 Purpose – To consider a preliminary subdivision plat submitted by Withers Ravenel called Geneva, located at 1501 Angier Road and 8816 Purfoy Road. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided details on the preliminary subdivision plat for Geneva subdivision, and he stated that the Planning Board approved the subdivision plat by a vote of 5-2. Board Discussion – Commissioner Adcock asked about the reasons for the opposing vote by two of the Planning Board. Town Manager Mitchell stated that one of the members did not state a reason for voting in opposition to the proposed preliminary plat, and the other member expressed concerns about the overall impact on traffic. Mayor Byrne stated that the 25% open space for this preliminary plan is a beneficial amenity to the community. Recommendation – Approve Geneva Subdivision, a preliminary subdivision plat (SUB-PR-2018-04) located at 1501 Angier Road and 8816 Purfoy Road as presented and recommended by management and staff, and subject to inclusion of the two road improvement items included in the letter dated October 9, 2018 being added as notes on the construction plans. MOTION: Commissioner Wunsch SECOND: Commissioner Adcock MOTION RESULT: Passed Unanimously (3-0) Agenda Item No. 10.D: Resolution Providing Final Approval of Terms and Documents for the 2018 Installment Financing for Town Hall Renovations, Police Department Renovations and Fleming Loop Park Improvements Purpose – To consider a resolution providing final approval of terms and documents for the 2018 Town installment financing. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided details on the Resolution Providing Final Approval of Terms and Documents for the 2018 Installment Financing for Town Hall Renovations, Police Department Renovations and Fleming Loop Park Improvements. Mr. Bob Jessup, Bond Attorney with Sanford Holshouser Law Firm also presented further information to the Board regarding the 2018 Town installment financing. Board Discussion – Commissioner Adcock asked about the collateral for the loan. Bond Attorney Jessup stated that the current Town Hall building at 401 Old Honeycutt Road and the new Town Hall building on Main Street will be used as collateral in case of default on the loan. Commissioner Adcock then asked about the expected bond rating. Finance Director Carla Morgan stated that ratings for Moody’s and Standard & Poors are one step below for Limited Obligation Bonds (LOB’s) compared to General Obligation Bonds. She advised that the LOB’s were rated at AA+ and Aa2 by Standard and Poors and Moody’s respectively, which met the Town’s expectations. Recommendation – Adopt the resolution providing final approval of the terms and documents for the 2018 Town installment financing as presented and recommended. MOTION: Commissioner Gardner SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (3-0) Resolution No. 18-1569 ****************************** OTHER BUSINESS A. Manager’s Report • Reported Town holding a neighborhood meeting for rezoning of 304 Angier Road. • Reported Town has concluded the ETJ expansion meetings, and is preparing for next steps in the process • Reported Christmas Tree Lighting Ceremony scheduled for November 29th at 6:00 pm with a newly added feature for the event which includes the Festival of Lights at the Mineral Spring Park. • Reported new hire in Police Department and Inspections Department • Reported Town Manager and Mayor had dinner with FV Chamber of Commerce and representatives from the US Chamber of Commerce and also attended their Chamber Retreat. • Reported attendance at the IMCA Leadership Conference in Williamsburg, VA • Reported new hire in Water Operations • Reported road closure at Judd Parkway and Main is still on schedule • Asked Town Board to check their calendars for tentative annual Town Board Retreat dates of February 23 – February 25, 2019. B. Project Status Report – November 2018 C. Financial Quarterly Report – 1st Quarter FY 2018-2019 D. Fuquay-Varina Downtown Revitalization Association - BBQ, Blues, and Brews Festival - Downtown Varina - Saturday, November 17, 2018 - 1:00 - 5:00 pm ****************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill was absent, away on vacation. Commissioner Adcock had no comments. Commissioner Harris was absent due to illness. Commissioner Wunsch had no comments. Commissioner Gardner had no comments. Mayor Byrne stated that he had appointed Ed Ridpath to the Wake County Hazardous Mitigation Planning Committee. He also shared information about past and future meetings and events he has or will be attending as follows: Past Events 10/17 – FV Chamber and Raleigh Chamber meeting 10/20 – Haunted Trail - 5-6 is Family Fright and 7-9 is Full Fright at CHJEEP Park 10/24 – Chamber Planning Retreat 11/1 – FM2FV Concert – The Embers 6:30-9:30 pm – Centennial Square Up Coming Events 11/8 – Operation Coming Home – Key Ceremony – US Marine Corps Cpl Nate Rogers – Sonoma Springs – 10:00 am 11/8 – Fuquay-Varina Women Club Mini Grants – Women’s Club – 4:00 pm 11/10 – Community Coalition Event – Pine Acres 12:00 pm 11/14-16 – Metro Mayors Coalition Meeting in Asheville, NC 11/14 – CAMPO Meeting – 4:00 pm 11/17 – FVDA BBQ Blues & Brews – Downtown Varina - 1:00 pm ****************************** CLOSED SESSION – Pursuant to N.C.G.S §143-318.11(a)(3) Attorney Client Privilege and N.C.G.S §143-318.11(a)(4) Economic Development. A motion to hold a closed session meeting at 8:08 p.m. MOTION: Commissioner Adcock SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (3-0) ****************************** ADJOURN A motion was made to adjourn the meeting at 8:44 p.m. MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (3-0) Adopted this the 20th day of November 2018 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk