Board of Commissioners
Regular MeetingFuquay-Varina, NC · January 7, 2019
Minutes
TOWN OF FUQUAY-VARINA
BOARD OF COMMISSIONERS REGULAR MEETING
JANUARY 7, 2019
CALL TO ORDER
Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board
of Commissioners to order on January 7, 2019 at 7:00 p.m.
Commissioners Present: Blake Massengill (Mayor Pro-Tem)
Bill Harris
Marilyn Gardner
Jason Wunsch
Commissioners Absent: None
Others Present: Town Manager Adam Mitchell
Assistant Town Manager Mark Matthews
Town Clerk Rose Rich
Town Attorney James Adcock
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INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Marilyn Gardner provided the invocation and former
Commissioner Charlie Adcock, his wife Shannon, his daughter Vivian, and his
sons James and Graham led the Pledge of Allegiance.
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APPROVAL OF THE MINUTES
The December 18, 2018, minutes of the regularly scheduled Town Board of
Commissioners meeting, were presented and recommended for approval.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Wunsch
MOTION RESULT: Passed Unanimously (4-0)
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PRESENTATIONS
Agenda Item No. 4.A: Recognition of Service - Charlie Adcock - Fuquay-
Varina Board of Commissioners
Mayor Byrne presented former Commissioner Charlie Adcock with a plaque
commemorating eleven years of dedicated service to the Town of Fuquay-
Varina as Commissioner. Mayor Byrne also presented Mr. Adcock with his
Commissioner portrait and the Key to the City. Mayor Byrne thanked Mr.
Adcock for serving six years on the Planning Board including four years as
Chairman. Mr. Adcock thanked his family for their support, and he thanked
the Town Board for being great teammates. He stated that it has been and
honor and fun to watch the Town as it grows and progresses, and he looks
forward to seeing where it goes in the future.
Agenda Item No. 4.B: Recognition - Lt. David Taylor - Bachelor of Science
Degree - Occupational Safety and Health - Columbia
Southern University
Police Chief Laura Fahnestock recognized Lt. David Taylor for receiving his
Bachelor of Science Degree in Occupational Safety and Health from Columbia
Southern University, this past December. The Town Board and audience
applauded Lt. David Taylor for his accomplishments.
Agenda Item No. 4.C: Recognition - Sgt. Brian Wohl - West Point
Leadership Program - Methodist University
Police Chief Fahnestock recognized Sgt. Brian Wohl for attending the West
Point Leadership Program at Methodist University, this past November. This
program is a leadership course offered to cadets of the United States Military
Academy. The Town Board and audience applauded Sgt. Brian Wohl for his
accomplishments.
Agenda Item No. 4.D: Master Police Officer Brett Kain - Associate of
Science Degree - Criminal Justice - Columbia
Southern University
Police Chief Fahnestock recognized Master Police Officer Brett Kain for
receiving his Associate of Science Degree in Criminal Justice from Columbia
Southern University, this past November. The Town Board and audience
applauded Master Police Officer Brett Kain for his accomplishments.
Agenda Item No. 4.E: Recognition - Police Officer II John "Kevin" Boyd -
ASIS International Research Triangle Chapter 119 -
2018 Legion of Excellence Award - Performing Life
Saving Actions to Save a Child
Police Chief Fahnestock recognized Police Office II John “Kevin” Boyd for
receiving the ASIS International Research Triangle Chapter 119 2018 Legion
of Excellence Award for performing life-saving actions to save a child that was
choking at a fall concert. He was nominated by his peers as “Officer of the
Month” (October 2018) and was recently nominated by his peers as Fuquay-
Varina Police Department’s Employee of the Year. The Town Board and
audience applauded Police Officer II Boyd for his accomplishments.
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PUBLIC COMMENTS:
There were no public comments received from the audience.
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ITEMS TABLED FROM PREVIOUS MEETING:
Agenda Item No. 6A. Town Code Amendment - NC Land LLLP - Exceptions
to Lot Frontage Requirements - CTA-2018-08
Purpose –To consider a proposed text amendment to the Town Code of
Ordinances, Part 9 Land Development Ordinance, Article J Subdivision
Regulations, Section 9-1455 & Section 9-1458, to revise language pertaining
to minor subdivisions and their lot frontage requirements.
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 proposed Town Code
Amendment to include that the Town’s current regulations limit the subdivision
of four (4) or less lots to only when fronting or adjacent to an existing public
street. Town Manager Mitchell advised that the petitioner is seeking to allow
for minor subdivisions in a non-residential zoning district to have frontage on
one (1) or more permanent access easements. He further advised that he and
staff found the request to be reasonable and that language has been added to
the section, Lot Frontage on Public Right-of Way, that allows a nonresidential
minor subdivision to create one (1) or more lots that abut one (1) or more
permanent access easements so long as all of the following conditions are met.
• The subdivision must be located in a nonresidential zoning district.
• The access easement may be no less than 24 feet in width for a two-way
easement, or no less than 12 feet in width for a one-way easement,
providing legal ingress and egress to a public right-of-way that meets
Community Transportation Plan requirements. This can be waived by
administrative adjustment, a request reviewed by the Planning Department
and approved by the Town Manager.
• The access easement must be recorded at the Office of Wake County
Register of Deeds prior to final plat approval and must be reflected on the
plat.
• The access easement must be improved in compliance with the LDO’s
standards prior to final plat approval.
Town Manager Mitchell stated that the proposed amendment will allow for
greater infill opportunities as the Town grows, as minor subdivisions and
subsequent development can occur on properties that are not immediately
adjacent to public rights-of-way. He also stated that the issue of conflicts
between the LDO amendment and the Town’s Standard Specification and
Construction Details has been resolved and will no longer be an issue following
various actions by the Town Board.
Public Hearing – The public hearing was opened and continued from a previous
meeting. No one chose to speak in favor of, or in opposition to the proposed
Town Code Amendment for CTA-2018-08. The public hearing was closed.
Discussion – Mayor Pro-Tem Massengill asked for confirmation that all conflicts
addressed at the previous meeting had been addressed. Town Manager
Mitchell affirmed that they had.
Recommendation – Approve CTA-2018-08, an amendment to the Town Code
of Ordinances, Part 9 Land Development Ordinance, as it is reasonable and in
the best interest of the public for the reasons identified by management and
staff.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Harris
MOTION RESULTS: Passed Unanimously (4-0) Ordinance No. PZ-19-01
Agenda Item No. 6B. Town Code Amendment - Town of Fuquay-Varina -
Amendment for Compatible and Reasonable
Transition to Expanded ETJ (Clean-Up Amendment
#7) - CTA-2018-09
Purpose –To consider a proposed text amendment, "Amendment for
Compatible and Reasonable Transition to Expanded ETJ (Clean-Up Amendment
#7)," that addresses several areas for improvement related to the anticipated
expansion of the Town's Extraterritorial Jurisdiction (ETJ).
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 that the recommended staff proposal was formed only after receiving
extensive community input following five (5) community input meetings,
attendance at three (3) Follow Me 2 Fuquay-Varina concerts, and informational
presentations made to four (4) interest groups, in addition to printed materials,
social media outreach, Focus on Fuquay-Varina newsletter publication, and a
dedicated page on the Town's website. He then reviewed changes to the Town
Code across numerous sections with respect to development standards and
zoning regulations for properties within the Town extraterritorial planning
jurisdiction. Town Manager Mitchell highlighted that his and staff’s
recommendation differed from that of the Planning Board. He explained that
the Planning Board was recommending that the slaughtering of chickens be
allowed in the ETJ and that agricultural fences only be required to be set back
three (3) feet from the property line. Town Manager Mitchell advised that his
recommendation is that slaughtering of chickens not be allowed in the ETJ and
that the setback for agricultural fences be 8 feet from the property line.
Public Hearing – The public hearing was opened. Town Manager Mitchell spoke
in favor of the proposed text amendment on behalf of the Town. Those
speaking in opposition are as follows: Joanie Bowden, 7130 Turner Fish Road,
Willow Spring, Joy Dawbenspeck, 2505 Johnny Baker Road, Willow Spring,
Barry Tutor, 9525 Walter Myatt Road, Fuquay-Varina, Weston McCorkle, 8040
Panther Lake Road, Willow Spring, Brandy Colemen, Walter Myatt Road, Bryan
Winston, representing the Cattlemans Association, Allison Lynch, 6040
Spicewood Drive, Fuquay-Varina, John Burt, 6601 Burt Road, Fuquay-Varina,
Fred Burt, 6600 Burt Road, Fuquay-Varina, Michael Bowden, 8730 Walter
Myatt Road, Willow Spring. Those speaking in opposition to the proposed
amendment opposed the 8-foot setback for livestock agricultural animal fences
for non-bona fide farms. They expressed concerns that the requirement could
cause trespassing issues and would cause a reduction in usable productive
land, and some offered that a 3-foot setback would be acceptable. There were
also concerns expressed to exclude the provision of selling eggs or chickens
and it was requested that there be provisions to allow roosters and more than
10 chickens. Following all public comment the public hearing was closed.
Discussion – Mayor Pro-Tem Massengill asked Attorney James Adcock to define
“bona fide farm”. Attorney Adcock stated that a “bona fide farm” is a farm
where some kind of revenue is received for its product. He also offered that
there could be an agreement written in the deed that the property owners
would agree to no setback having the fence sit on the line that divides the two
properties after Mayor Pro-Tem Massengill inquired about providing property
owners an option to have no setback for agricultural fences if they mutually
agreed. Mayor Pro-Tem Massengill advised that he could support an 8-foot
setback if there was also an option for no setback if agreed to by adjoining
property owners. Commissioner Harris stated that the Town Board should
consider the rural nature of the outlying properties and find a way to preserve
that nature if possible. Commissioner Gardner stated that she is not
comfortable with the 8-foot setback requirement. Commissioner Wunsch
stated that he wanted to take away as little land as possible. Commissioner
Harris offered that there be a 3-foot setback requirement instead of 8-foot.
Town Manager Mitchell stated that it would be hard to maintain the property
outside the fence with a 3-foot setback and recommended a 4-foot setback
instead if the Town Board chose to reduce the setback requirement.
Commissioner Gardner stated that she could go along with the 4-foot setback
requirement and the option for an agreement between the property owners as
offered by the Town Attorney.
Recommendation – Approve CTA-2018-09, an Amendment for Compatible and
Reasonable Transition to Expanded ETJ (Clean-Up Amendment #7), as
presented and recommended by Town management and staff with exception
of a modification to the agricultural fence setback to 4 feet or 0 feet if agreed
mutually by adjoining property owners through an agreement. 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 Harris
SECOND: Commissioner Wunsch
MOTION RESULTS: Passed Unanimously (3-1)
(Mayor Pro-Tem Massengill voted in opposition.)
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PUBLIC HEARINGS:
Agenda Item No. 7.A: Zoning Map Amendment - Meritage Homes - 1021
and 1105 S Main Street - PIN 0666011773 and
portion of PIN 0656925131 - REZ-2018-22
Purpose –To consider a requested zoning map amendment for a total of 28.99
acres, located at 1021 and 1105 S Main St, from the Residential Agricultural
(RA) Zoning District to the Residential Medium Density Conditional Zoning
District (RMD-CZD) and corresponding land use plan amendment from Small
Lot Residential (SLR) and Small Scale Commercial Center (SSCC) to Small Lot
Residential (SLR).
Staff Comments – Town Manager Mitchell entered the agenda abstract and
supporting documents for this agenda item into the official record of the Town.
He stated that the petitioner is requesting that the public hearing be opened
and continued, and consideration of the request be tabled to the January 22,
2019 Town Board meeting. Town Manager Mitchell advised that the petitioner
is seeking additional time to evaluate their proposal with respect to community
character conditions.
Public Hearing – The public hearing was opened. No one chose to speak in
favor of the proposed zoning map amendment for REZ-2018-22. Mayor Byrne
asked if anyone wished to speak in opposition to the proposed zoning map
amendment. Ms. Carolyn Degeneva (a resident of Phillips Pointe) expressed
concerns about construction traffic going through Phillips Pointe. Town
Manager Mitchell stated that staff would explore options for construction traffic
with the petitioner that perhaps would mitigate or possibly eliminate it going
through the Phillips Pointe subdivision.
Discussion – There was no discussion from members of the Town Board
regarding this matter.
Recommendation – Approve REZ-2018-22, a zoning map amendment, to
include the additional community character conditions offered and agreed to
by the petitioner, at 1021 and 1105 S Main St, from the Residential Agricultural
(RA) Zoning District to the Residential Medium Density Conditional Zoning
District (RMD-CZD) and corresponding land use plan amendment from Small
Lot Residential (SLR) and Small Scale Commercial Center (SSCC) to Small Lot
Residential (SLR). The proposed zoning map amendment and corresponding
land use plan amendment are consistent with the 2035 Community Vision Land
Use Plan and are reasonable and in the best interest of the public for the
reasons identified by staff.
Rather than to approve the recommended motion for REZ-2018-22, the Town
Board motioned to continue the public hearing and table consideration of the
requested zoning map and land use plan amendment to the January 22, 2019
Town Board meeting as requested by the petitioner, to allow the petitioner to
explore additional conditions to offer for the proposed rezoning.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Gardner
MOTION RESULTS: Passed Unanimously (4-0)
Agenda Item No. 7.B: Zoning Map Amendment – The Curry Engineering
Group, PLLC – 7700, 7712 and 7720 Barefoot Road
– REZ-2018-23 ITEM TO BE TABLED
Purpose –To continue the public hearing and table consideration of a requested
zoning map amendment for a total of 14.91 acres, located at 7700, 7712, and
7720 Barefoot Road, from Wake County Highway District (HD) to the General
Commercial Conditional Zoning District (GC-CZD) and corresponding land use
plan amendment from Mixed-Density Residential (MDR) to Highway
Commercial (HC).
Staff Comments – Town Manager Mitchell entered the agenda abstract and
supporting documents for this agenda item into the official record of the Town.
He advised that the matter is proposed to be tabled to allow the voluntary
annexation of the subject property to catch up to the zoning map and land use
plan amendment and both be considered by the Town Board together at the
January 22, 2019 Town Board meeting.
Public Hearing – The public hearing was opened. No one chose to speak in
favor of, or in opposition to the proposed zoning map amendment for REZ-
2018-23.
Discussion – There was no discussion from members of the Town Board
regarding this matter.
Recommendation – Continue the public hearing and table consideration of
REZ-2018-23, a zoning map amendment at 7700, 7712, and 7720 Barefoot
Road, from the Wake County High District (HD) to the General Commercial
Conditional Zoning District (GC-CZE) and corresponding land use plan
amendment from Mixed-Density Residential (MDR) to Highway Commercial
(HC) until the January 22, 2019 Town Board meeting to allow for consideration
of annexation request ANX-2018-21 to be considered by the Town Board.
MOTION: Commissioner Gardner
SECOND: Mayor Pro-Tem Massengill
MOTION RESULTS: Passed Unanimously (4-0)
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CONSENT AGENDA
Town Manager Mitchell entered the agenda abstracts and supporting
documents for Consent Agenda Items 8A-8E into the official record of the
Town.
Agenda Item No. 8.A: No Parking Ordinance - South Aiken Street
Purpose –The consider the approval of a Town Code ordinance amendment to
establish a "no parking zone" (at all times) on both sides of South Aiken Street
from East Vance Street to Raleigh Street and on the west side of South Aiken
Street from Raleigh Street to East Academy Street.
Recommendation – Adopt an ordinance amendment to the Town Code
establishing a "No Parking Zone" at all times for the portions of S Aiken Street
identified by management and staff. Ordinance No. M-19-01
Agenda Item No. 8B: Budget Amendment - Recognize Funds - Wake
County Small Capital Funding ($8,823) and City of
N. Bonneville, Washington ($35,000) - BA-2019-11
- $43,823
Purpose – To recognize funds from Wake County Small Capital Funding in the
amount of $8,823 and the City of North Bonneville, WA. for the sale of Unit
123 (Fire Brush Truck) in the amount of $35,000.
Recommendation – Approve Budget Amendment BA-2019-11 as presented
and recommended.
Agenda Item No. 8C: Budget Amendment - Bishop Photo - Youth Athletic
Scholarship Fund - Parks, Recreation & Cultural
Resources Department - BA-2019-12 - $1,250.00
Purpose – To consider approval of budget amendment BA-2019-12 recognizing
funds from Bishop Photo in the amount of $1,250.00 for non-resident
scholarships within the Parks, Recreation and Cultural Resources Department.
Recommendation – Approve budget amendment BA-2019-12 as presented and
recommended.
Agenda Item No. 8D: Budget Amendment - Police Department - Recognize
Funds - Wilbert Thomas Jr. Donation - Police
Explorer's Program - $500.00 - BA-2019-13
Purpose – To consider a budget amendment that recognizes funds from a
private donation from Wilbert Thomas Jr. of Fuquay-Varina for the Police
Department's Police Explorer's Post.
Recommendation – Approve Budget Amendment BA-2019-13 as presented
and recommended.
Agenda Item No. 8E: Voluntary Annexation Petition - Century Fields, LLC
- 7700, 7712 and 7720 Barefoot Road - PINs
0646411919, 0646411614, 0646411239 - ANX-
2018-21
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 22, 2019 following the receipt of a petition for voluntary
annexation of property owned by Century Fields, LLC located at 7700, 7712
and 7720 Barefoot Road, containing a total of 18.03 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 22, 2019, for
property owned by Century Fields, LLC (ANX-2018-21) as presented and
recommended. Resolution No. 19-1576
Resolution No. 19-1577
A motion was made to approve all items (A-E) on the Consent Agenda as
recommended.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Wunsch
MOTION RESULT: Passed Unanimously (4-0)
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Mayor Byrne declared a five-minute recess. After the recess, Mayor Byrne
called the meeting back to order to consider remaining items on the agenda.
ADMINISTRATIVE REPORTS
Agenda Item No. 10A: Infrastructure Agreement - Ting Internet - Fiber
Conduit Along N Judd Parkway NE and Highway 55
Purpose – To consider approval of an Infrastructure Agreement between the
Town of Fuquay-Varina and Ting Internet for fiber conduit installation along N
Judd Parkway NE and Highway 55.
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 infrastructure agreement to
include that Ting Internet proposes to construct fiber conduit along a similar
route already planned for construction by the Town of Fuquay-Varina for its
own use of serving its own facilities, which includes NE Judd Parkway from N.
Main Street to NC-55 North and NC-55 North from NE Judd Parkway to near
the Town limits in the vicinity of Alston Ridge subdivision. He advised that by
partnering with Ting Internet and refunding them for a dedicated conduit on
the route, the Town will save nearly half of what it planned to spend to do the
project themselves. He further advised that the infrastructure agreement
allows the work to be done faster and less expensive. Information Technology
Director Scott Clark stated that construction of the fiber conduit could start as
soon Wednesday, or Thursday of this week (weather permitting) and Ting is
proposing to light up the first Town subdivision with Ting internet service by
the end of February 2019.
Discussion – It was the general consensus of the Town Board that they were
excited to see movement on these plans and that Town residents would soon
have gigabit speed internet at affordable prices available to them.
Recommendation –Adopt the proposed Infrastructure Agreement between the
Town of Fuquay-Varina and Ting Internet as presented and to authorize the
Town Manager to execute the Agreement. The Agreement has been reviewed
by the Town Attorney as to form and is in the interest of the public.
MOTION: Commissioner Wunsch
SECOND: Commissioner Harris
MOTION RESULTS: Passed Unanimously (4-0)
Agenda Item No. 10B: Contract Award - NW Judd Parkway - CEI Services -
SEPI Engineering
Purpose – To award SEPI Engineering the contract to provide Construction
Engineering and Inspection (CEI) Services to the Town during the construction
of the Northwest Judd Parkway Project (U-5317).
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 contract award for NW Judd
Parkway to SEPI Engineering to include that CEI services are needed to help
insure that construction is completed on time (weather permitting), that
workmanship meets NCDOT and federal standards, and that the Town is
eligible for reimbursement of all federal grant dollars awarded on the project.
Town Manager Mitchell advised that SEPI was selected for a menu of
contractors that submitted qualification statements of interest on the project.
He stated that their proposal included a price of $1,352,061, which was later
negotiated by town staff to $960,475.82, which is less than the budgeted
$1,000,000.00 for this service.
Discussion – Mayor Pro-Tem Massengill asked when this project would be
starting. Town Manager Mitchell advised that the start date for construction is
February 4, 2019, with 18-24 months for completion given overall favorable
weather conditions.
Recommendation – Approve the CEI services contract in the amount of
$960,475.82 for the Northwest Judd Project (U-5317) to SEPI Engineering,
subject to the Town Attorney's approval as to form, and NCDOT Professional
Services review.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Wunsch
MOTION RESULTS: Passed Unanimously (4-0)
Agenda Item No. 10C: Project Ordinance, Budget Amendment, and Funding
Agreement – Fuquay Mineral Spring Park
Streambank Stabilization Project - Golden LEAF
Foundation Grant - BA-2019-14
Purpose – To recognize Golden LEAF Foundation grant funds awarded to the
Town for the construction of the Fuquay Mineral Spring Park Streambank
Stabilization Project.
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 project ordinance, budget
amendment and funding agreement to include that the Golden Leaf Foundation
awarded the Town a $338,400 FY 19-20 grant for construction of the Fuquay
Mineral Spring Park streambank stabilization. The total project budget of
$564,000 requires $225,600 (40%) in Town matching funds. He advised that
this project will provide a historical look to the park as well as structurally
stabilizing the streambank and will eliminate threats to public safety and the
threat of loss of a public street and park posed by streambank erosion.
Discussion – Mayor Byrne thanked everyone who helped to acquire funding for
this much needed project. The Town Board generally expressed excitement
that this much needed restoration project will occur.
Recommendation – Establish a project ordinance in the amount of $564,000
for the construction of the Mineral Spring Park Streambank Stabilization
Project, approve budget amendment BA-2019-14, and authorize the Town
Manager to enter into the grant agreement with the Golden LEAF Foundation
subject to the Town Attorney's approval as to form.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Wunsch
MOTION RESULTS: Passed Unanimously (4-0) Resolution No. N-19-01
Agenda Item No. 10D: Ordinance Amendment - Amending the Town Code;
Part 5, Municipal Utilities Ordinance Exceptions to
Water Service Connection Requirements
Purpose – To consider a proposed text amendment to the Town Code of
Ordinances, Part 5 - Municipal Utilities, Chapter 1 – Water Supply &
Distribution, Section 5-1010, to revise language pertaining to water service for
minor subdivision lots when a lot is created with zero lot frontage on a public
right-of-way.
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 ordinance amendment to
include that this is an additional action required by the Board to eliminate
conflicts within the Town Code pertaining to an earlier action taken by the
Town Board this evening with respect to the petition submitted by NC Land
LLLC. Town Manager Mitchell informed the Board that this action will allow a
water line to service a non-residential property that does not front a public
right of way via a permanent private easement pursuant to the recent LDO
amendment.
Discussion – There was no discussion from members of the Town Board
regarding this matter.
Recommendation – Approve CTA-2019-01, an amendment to the Town Code
of Ordinances, Part 5 - Municipal Utilities, as it is reasonable and in the best
interest of the public for the reasons identified by management and staff.
MOTION: Commissioner Gardner
SECOND: Commissioner Harris
MOTION RESULTS: Passed Unanimously (4-0)
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OTHER BUSINESS
A. Manager’s Report –
• Report that NCDOT has provided the Town a letter informing NCDOT
staff’s recommendation to the Board of Transportation to accept NE Judd
Parkway and portions of SW Judd Parkway. He stated that NCDOT needs
to evaluate a few additional areas of SW Judd Parkway with respect to
culverts before accepting all of it for maintenance and that would occur
in the coming months. He advised that the NCDOT Board of
Transportation will be voting to accept NE Judd Parkway and portions of
SW Judd Parkway at a meeting soon to be scheduled.
• Reported that construction on the Arts Center was moving forward and
progress now being made. Town Manager Mitchell advised that theatre
wall coverings are to be delivered this week and installed next week
after acclimating for several days.
B. Project Status Report – January 2019
C. Town Standard Specifications and Details Update – Town Manager Mitchell
provided a memo to the Town Board detailing changes made to the Town’s
Standard Specifications and Construction Details Manual.
D. Planning Board and Parks and Recreation Advisory Board Appointments
Mayor Byrne’s appointed the following individuals
Planning Board
Reappointed Ed Ridpath to a 2nd Term Ending 12/31/2021
Appointed Michelle Peele to a 1st Term Ending 12/31/2021
ETJ Position – Recommend appointment of Jay Adcock to a 1st Term Ending
12/31/2021; the Wake County Board of Commissioners will consider the
recommendation at their February business meeting. Mayor Byrne asked
for consideration of approval of a resolution to send to the Wake County
Board of Commissioners with respect to the appointment of Jay Adcock
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Wunsch
MOTION RESULTS: Passed Unanimously (4-0)
Resolution No. 19-1579
Board of Adjustment
There were no recommendations for the three ETJ vacancies on the Board
of Adjustment at this time due to the need for additional applications.
Parks and Recreation Advisory Board
Reappointed Darian Walker to a 2nd Term Ending 12/31/2021
Reappointed ETJ member Danielle Cebak to a 2nd Term Ending 12/31/2021
Mayor Byrne is still seeking an in-town member to fill the unexpired term
of Michelle Hankins that ended 12/31/2019.
Recommendation – To ratify the appointments made by Mayor Byrne to the
Planning Board and Parks and Recreation Advisory Board.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Wunsch
MOTION RESULTS: Passed Unanimously (4-0)
Michelle Peele; the new in-town appointee to the Planning Board, was in
attendance and thanked the Town Board for appointing her to the position
and she stated that she looks forward to serving the community and being
a positive voice for Fuquay-Varina.
E. 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration – Cultural Arts
Society of Fuquay-Varina – January 15, 2019 - March from Fuquay-Varina
Middle School to St. Augusta MBC - 8:15 AM
F. Coffee with a Cop - McDonald's - Thursday, January 17, 2019- 9:00 am -
11:00 am
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TOWN BOARD MEMBER COMMENTS
Mayor Pro-Tem Massengill stated that he along with the Mayor, Commissioner
Wunsch, and Town Manager Mitchell attended the Wake County Board of
Commissioners’ meeting to show support of the proposed South Wake Regional
Park at Crooked Creek.
Commissioner Harris had no comments
Commissioner Wunsch wished Mayor Pro-Tem Massengill a happy birthday that
will be coming up this week.
Commissioner Gardner had no comments.
Mayor Byrne reported information regarding past and upcoming events as
follows:
Past Events
1/4 – Speaking at the FVHS Social Studies Class on Town Government
1/4 – Oath of Office Ceremony – NC Senator Elect Sam Searcy and NC
Representative-Elect Sydney Batch at 5:30 pm at
Town Hall
Up Coming Events
1/8 – Centennial Authority Meeting
1/9 – Southern Regional Center meeting
1/10 – Meeting with Angela Jacobs with Wake County Health
1/21 – 15th Annual Rev. Dr. Martin Luther King march
1/17 – Coffee with a Cop – McDonalds 9:00 am
1/19 – Women’s Club Art Show – 1:30 pm at Windsor Pointe
1/19 – Fireman Banquet – Carrollock Farms
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CLOSED SESSION – The Town Board did not call for a closed session meeting.
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ADJOURN
A motion was made to adjourn the meeting at 10:41 p.m.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Wunsch
MOTION RESULT: Passed Unanimously (4-0)
Adopted this the 22nd day of January 2019 in Fuquay-Varina, North Carolina.
FUQUAY-VARINA, NORTH CAROLINA
John W. Byrne, Mayor
ATTEST: (TOWN SEAL)
Rose H. Rich, Town Clerk
Agenda
Board Meeting
Agenda
Monday, January 07, 2019
7:00 PM
Location: 401 Old Honeycutt Road, Fuquay-Varina, NC 27526
Mobile phones are to be turned off or placed on silent/vibrate during the meeting. Please exit the Commission Chambers
before using your mobile phone.
The agenda is prepared and distributed on Friday preceding the meeting to the Commission and news media.
1. Call to Order
2. Invocation and Pledge of Allegiance
3. Approval of Minutes
3.A Approval of the Minutes of the December 18, 2018 Town Board of Commissioners Meeting
4. Presentations
4.A Recognition of Service - Charlie Adcock - Fuquay-Varina Board of Commissioners -
(Byrne/Mitchell)
4.B Recognition - Lt. David Taylor - Bachelor of Science Degree - Occupational Safety and Health
- Columbia Southern University - (Byrne/Mitchell/Fahnestock)
4.C Recognition - Sgt. Brian Wohl - West Point Leadership Program - Methodist University -
(Byrne/Mitchell/Fahnestock)
4.D Recognition - Master Police Officer Brett Kain - Associate of Science Degree - Criminal
Justice - Columbia Southern University - (Byrne/Mitchell/Fahnestock)
4.E Recognition - Police Officer II John "Kevin" Boyd - ASIS International Research Triangle
Chapter 119 - 2018 Legion of Excellence Award - Performing Life Saving Actions to Save a
Child - (Byrne/Mitchell/Fahnestock)
5. Public Comment The public is invited to address the Town Board.
6. Items Tabled From Previous Meeting
6.A Town Code Amendment - NC Land LLLP - Exceptions to Lot Frontage Requirements -
CTA-2018-08 - (Mitchell/Matthews/Smith)
FUQUAY-VARINA BOARD MEETING
BOARD MEETING AGENDA
JANUARY 07, 2019
PAGE 2
6.B Town Code Amendment - Town of Fuquay-Varina - Amendment for Compatible and
Reasonable Transition to Expanded ETJ (Clean-Up Amendment #7) - CTA-2018-09 -
(Mitchell/Matthews/Smith)
7. Public Hearing
7.A Zoning Map Amendment - Meritage Homes - 1021 and 1105 S Main Street - PIN 0666011773
and portion of PIN 0656925131 - REZ-2018-22 - (Mitchell/Matthews/Smith)
7.B Zoning Map Amendment - The Curry Engineering Group, PLLC - 7700, 7712, and 7720
Barefoot Road - PINs 0646411919, 0646411614, and 0646411239 - REZ-2018-23 -
(Mitchell/Matthews/Smith) - ITEM TO BE TABLED
8. Consent Agenda
8.A No Parking Ordinance - South Aiken Street - (Mitchell/Mouberry)
8.B Budget Amendment - Recognize Funds - Wake County Small Capital Funding ($8,823) and
City of N. Bonneville, Washington ($35,000) - BA-2019-11 - $43,823 -
(Mitchell/Mauldin/Morgan)
8.C Budget Amendment - Bishop Photo - Youth Athletic Scholarship Fund - Parks, Recreation &
Cultural Resources Department - BA-2019-12 - $1,250.00 - (Mitchell/Matthews/Cox/Morgan)
8.D Budget Amendment - Police Department - Recognize Funds - Wilbert Thomas Jr. Donation -
Police Explorer's Program - $500.00 - BA-2019-13 - (Mitchell/Fahnestock/Morgan)
8.E Voluntary Annexation Petition - Century Fields, LLC - 7700, 7712 and 7720 Barefoot Road -
PINs 0646411919, 0646411614, 0646411239 - ANX-2018-21 - (Mitchell/Matthews)
9. Items Removed From Consent This section is reserved for items removed from the consent
agenda for separate consideration.
10. Administrative Reports
10.A Infrastructure Agreement - Ting Internet - Fiber Conduit Along N Judd Parkway NE and
Highway 55 - (Mitchell/Matthews/Clark)
10.B Contract Award - NW Judd Parkway - CEI Services - SEPI Engineering -
(Mitchell/Matthews/Stephenson)
10.C Project Ordinance, Budget Amendment, and Funding Agreement - Mineral Springs Park
Project - Golden LEAF Foundation Grant - BA-2019-14 -
(Mitchell/Matthews/Stephenson/Morgan)
10.D Ordinance Amendment - Amending the Town Code; Part 5, Municipal Utilities Ordinance
Exceptions to Water Service Connection Requirements - (Mitchell/Matthews/Meyers)
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FUQUAY-VARINA BOARD MEETING
BOARD MEETING AGENDA
JANUARY 07, 2019
PAGE 3
11. Other Business
11.A Manager's Report - (Mitchell)
11.B Project Status Report - January 2019
11.C Town Standard Specifications and Details Update - (Mitchell/Stephenson)
11.D Planning Board and Park and Recreation Advisory Board Appointments - (Byrne/Mitchell)
11.E 15th Annual Rev. Dr. Martin Luther King, Jr. Celebration – Cultural Arts Society of
Fuquay-Varina – January 15, 2018 - March from Fuquay-Varina Middle School to St. Augusta
MBC - 8:15 AM - (Mitchell/Seymour)
11.F Coffee with a Cop - McDonald's - Thursday, January 17, 2019- 9:00 am - 11:00 am
12. Town Board Member Comments Mayor and Commissioners
13. Closed Session
13.A Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege
14. Adjourn
IN ACCORDANCE WITH ADA REGULATIONS, PLEASE NOTE THAT ANYONE WHO NEEDS AN
ACCOMODATION TO PARTICIPATE IN THE MEETING SHOULD NOTIFY THE TOWN CLERK AT
(919) 552-1401 AT LEAST 48 HOURS PRIOR TO THE MEETING.
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