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Board of Commissioners

Regular Meeting

Fuquay-Varina, NC · July 8, 2019

AgendaMinutes

Minutes

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING JULY 8, 2019 CALL TO ORDER Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of Commissioners to order on July 8, 2019 at 7:00 p.m. Commissioners Present: Blake Massengill (Mayor Pro-Tem) Bill Harris Marilyn Gardner Jason Wunsch Larry Smith Commissioners Absent: None Others Present: Town Manager Adam Mitchell Assistant Town Manager Mark Matthews Town Clerk Rose Rich Town Attorney James Adcock ****************************** INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Smith provided the invocation and Fuquay-Varina Chamber of Commerce Chairman, Brandon Conover led the Pledge of Allegiance. ****************************** APPROVAL OF THE MINUTES The June 18, 2019 minutes of the regularly scheduled meeting of Town Board of Commissioners were presented and recommended for approval. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Smith MOTION RESULT: Passed Unanimously (5-0) ****************************** PRESENTATIONS Agenda Item No. 4A Recognize - Police Chief Laura Fahnestock and Fuquay-Varina Police Department - The Victim Services Interagency Council of North Carolina - United States Attorney's Office Town Manager Mitchell recognized Police Chief Fahnestock and the Police Department upon receiving an award from The Victim Services Interagency Council of North Carolina - United States Attorney's Office. As a part of the National Crimes Victim’s Rights Week observed April 2019, Police Chief Laura Fahnestock and the Fuquay-Varina Police Department were recognized by the Eastern District of North Carolina’s United States Attorney’s Office and the Victim Services Interagency Council of North Carolina for outstanding service on behalf of the victims of state crime. Town Manager Mitchell stated that Chief Fahnestock and the Police Department have worked collaboratively with these agencies to investigate and assist with the prosecution of a variety of crimes with the specific focus on providing exceptional investigative services to victims of homicides, domestic violence and felonious assaults. Mayor Byrne read and presented the plaque and he commended Police Chief Fahnestock and the Police Department for obtaining this recognition through their exceptional work. Police Chief Fahnestock made brief comments regarding the recognition and she thanked the Town Board for also recognizing the Police Department for this acknowledgement. At this time, Town Manager Mitchell introduced Wendy Moody who was recently hired as the Town’s new Human Resources Director. He stated that she previously served as the Benefits Coordinator as well as performing other HR administrative functions for the City of Rocky Mount, and today was her first day on the job here at the Town of Fuquay-Varina. Mrs. Moody thanked the Town Board for the opportunity to work for the Town of Fuquay-Varina. ****************************** PUBLIC COMMENTS: There were no public comments for the July 8, 2019 Town Board meeting. ****************************** ITEMS TABLED FROM PREVIOUS MEETING: Agenda Item No. 6.A: Voluntary Annexation Petition - Truelove Property - 7650 Truelove Road - PIN 0675152846 - ANX-2019-09 - ITEM TO BE TABLED Purpose – To continue the public hearing and consider action on a voluntary annexation petition of property owned by Thomas Van Truelove and Truelove Enterprises, LLC located at 7650 Truelove Road, Willow Spring, containing a total of 37.051 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 public water and sewer is available to serve and treat the property. Town Manager Mitchell further advised that the Town Clerk certified that the petition is sufficient and meets the requirements prescribed by North Carolina General Statute. He also stated that subsequent to the advertisement of the June 3, 2019 public hearing, the petitioner requested the rezoning for the property be tabled to June 18, 2019. The petitioner requested once more that the rezoning be tabled to July 8, 2019, which the Board approved. On July 1, 2019, the petitioner requested again that both the zoning and annexation case be tabled to the August 5, 2019 Town Board meeting in order to give further study to potential transportation opportunities from the South West Area Study that would affect this property. Public Hearing – The public hearing was continued. No one chose to speak in favor of, or in opposition to the proposed annexation (ANX-2019-09). Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Continue the public hearing and table consideration of the voluntary annexation petition for property owned by Thomas Van Truelove and Truelove Enterprises, LLC (ANX-2019-09) to August 5, 2019 as presented and recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 6.B: Zoning Map Amendment - Glenn Futrell - 7650 Truelove Road - PIN 0675152846 - REZ-2019-05 - ITEM TO BE TABLED Purpose – To continue the public hearing and table consideration of the requested zoning map amendment for a total of 35.956 acres, located at 7650 Truelove Road, from the Wake County R-30 Zoning District to the Residential Medium Density Conditional Zoning District (RMD-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. On July 1, 2019, the petitioner requested again that both the zoning and annexation case be tabled to the August 5, 2019 Town Board meeting in order to give further study of potential transportation opportunities from the South West Area Study that would affect this property. Public Hearing – The public hearing was continued. No one chose to speak in opposition to the proposed zoning map amendment for REZ-2019-05. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Continue the public hearing and table consideration of REZ- 2019-05, a zoning map amendment at 7650 Truelove Road, from the Wake County R-30 Zoning District to the Residential Medium Density Conditional Zoning District (RMD-CZD) until the August 5, 2019 Town Board meeting. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 6.C: Voluntary Annexation Petition - Hilltop Freewill Baptist Church - 3916, 0 Hilltop Needmore Road and 10204 Fayetteville Road - PINs 0688138207, 0688139036 and a portion of 0688330428 - ANX-2018-18 - ITEM TO BE TABLED Purpose – To continue the public hearing and table consideration to the September 3, 2019 Town Board meeting, following receipt of a petition for voluntary annexation of property owned by Hilltop Freewill Baptist Church located at 3916 Hilltop Needmore Road, 0 Hilltop Road 10204 Fayetteville Road containing 6.19 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 public water and sewer is available to serve and treat the property. Town Manager Mitchell further advised that the Town Clerk certified that the petition is sufficient and meets the requirements prescribed by North Carolina General Statute. On June 3, 2019 the annexation petition was previously tabled at the petitioner’s request to July 8, 2019. The zoning petition for the subject property was tabled at the June 17, 2019 Planning Board meeting and at that meeting the zoning petition was again tabled at the request of the petitioner. The petitioner has since requested the public hearing of the annexation be continued and subsequent action by the Town Board be taken at the September 3, 2019 meeting to allow the annexation to be considered at the same meeting as the zoning map amendment for this property. Management and staff support this request. In this case, the petitioners are evaluating how to best meet the Town’s interconnectivity requirements under our Land Development Ordinance (LDO). Public Hearing – The public hearing was opened. No one chose to speak in favor of, or in opposition to the proposed annexation (ANX-2018-18). Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Continue the public hearing and table consideration of the voluntary annexation petition for property owned by Hilltop Freewill Baptist Church (ANX-2018-18) until the September 3, 2019 meeting as recommended and presented. MOTION: Commissioner Harris SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ****************************** PUBLIC HEARINGS: Agenda Item No. 7.A: Zoning Map Amendment - Judson Smith - 438 and 440 Washington St - PINs 0656698492 and 0656699432 - REZ- 2019-10 Purpose – To consider a requested zoning map amendment for a total of 0.255 acres, located at 438 and 440 Washington Street, from the Residential Medium Density (RMD) Zoning District to the Town Center Residential (TCR) Zoning District. 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 information about zoning, plot plan conditions, surrounding land use, compatibility with the land use plan, transportation considerations, utility services availability, and the required neighborhood meeting. Town Manager Mitchell advised that staff is recommending approval of the zoning map amendment and the Planning Board also unanimously recommended approval. Public Hearing – The public hearing was opened. No one chose to speak in favor of, or in opposition to the proposed zoning map amendment (REZ-2019-10). The hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2019-10, a zoning map amendment at 438 and 440 Washington St, from the Residential Medium Density (RMD) Zoning District to the Town Center Residential (TCR) Zoning District. The 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 management and staff. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7.B: Voluntary Annexation Petition - Akins, LLC - Carolina Gardens - 1975 Galega Dr – PIN 0665974128 - ANX- 2019-10 Purpose – To consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a petition for voluntary annexation of property owned by Akins, LLC located at 1975 Galega Drive containing 3.889 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 public water and sewer is available to serve the property. Town Manager Mitchell further advised that the Town Clerk certified that the petition is sufficient and meets the requirements prescribed by North Carolina General Statute. Public Hearing – The public hearing was opened. Jim Chandler of the Timmons Group, 5410 Trinity Road, Raleigh, spoke in favor of the request on behalf of the petitioner. No one chose to speak in opposition to the proposed annexation for ANX-2019-10. The 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 Akins, LLC (ANX- 2019-10) as presented and recommended. MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-19-42 Agenda Item No. 7.C: Zoning Map Amendment - Stephens Road Partners - 1975 Galega Drive - PIN 0665974128 - REZ-2019-07 Purpose – To consider a requested zoning map amendment for a total of 3.889 acres, located at 1975 Galega Drive, from the Wake County R-30 Zoning District to the Residential Medium Density Conditional Zoning District (RMD-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 information pertaining to the requested zoning, proposed zoning conditions, surrounding land uses, compatibility with the land use plan, utility service availability, transportation considerations, and the required neighborhood meeting. Town Manager Mitchell advised that staff is recommending approval of the zoning map amendment and the Planning Board also unanimously recommended approval. Public Hearing – The public hearing was opened. Jim Chandler of the Timmons Group, 5410 Trinity Road, Raleigh, spoke in favor of the request. Mayor Byrne asked if anyone wished to speak in opposition to the proposed zoning map amendment (REZ-2019-07). William (Bill) Wilkison, (7917 Twin Pines Way) resident of the Old Waverly Place subdivision requested to have written permission for the residents of his subdivision to still be able to use the pond that is located on the subject property. Glen Futrell, representing the property owner/developer, stated that he would be glad to facilitate a meeting with Mr. Wilkison and Del Webb regarding his request. The hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2019-07, a zoning map amendment at 1975 Galega Drive, from the Wake County R-30 Zoning District to the Residential Medium Density Conditional Zoning District (RMD-CZD). The proposed 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 management and staff. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7.D: Zoning Map Amendment - The Spaulding Group - 750 SE Judd Parkway - Portion of PIN 0666137973 - REZ-2019- 08 Purpose – To consider a requested zoning map amendment for a total of 11.818 acres, located at 750 SE Judd Parkway, from the Residential Low Density (RLD) Zoning District to the Residential Medium Density Conditional Zoning District (RMD- 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 information pertaining to the requested zoning, proposed zoning conditions, surrounding land uses, compatibility with the land use plan, utility service availability, transportation considerations, and the required neighborhood meeting. Town Manager Mitchell advised that staff is recommending approval of the zoning map amendment and the Planning Board also unanimously recommended approval. Public Hearing – The public hearing was opened. Laura Holloman representing The Spaudling Group, 1611 Jones Franklin Road, Suite 101, Raleigh, spoke in favor of the zoning map amendment on behalf of the petitioner. No one chose to speak in opposition to the proposed zoning map amendment for REZ-2019-08. The hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2019-08, a zoning map amendment at 750 SE Judd Parkway, from the Residential Low Density (RLD) Zoning District to the Residential Medium Density Conditional Zoning District (RMD-CZD). The proposed 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 management and staff. MOTION: Commissioner Gardner SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7.E: Voluntary Annexation Petition - Robert W. Wright – 8205 Fayetteville Road – PIN 0689866132 - ANX-2019-11 Purpose – To consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a petition for voluntary annexation of property owned by Robert W. Wright located at 8205 Fayetteville Road, containing 3.00 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 public water and sewer is available to serve and treat the property. Town Manager Mitchell further advised that the Town Clerk certified that the petition is sufficient and meets the requirements prescribed by North Carolina General Statute. Public Hearing – The public hearing was opened. Charlie Yokley, representing McAdams, 2905 Meridian Parkway, Durham, spoke in favor to the request on behalf of the petitioner. No one chose to speak in opposition to the proposed annexation for ANX-2019-11. The 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 Robert W. Wright (ANX-2019-11) as presented and recommended. MOTION: Commissioner Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-19-43 Agenda Item No. 7.F: Zoning Map Amendment - McAdams - 8205 Fayetteville Rd - PIN 0689866132 - REZ-2019-11 Purpose – To consider a requested zoning map amendment for a total of 2.46 acres, located at 8205 Fayetteville Rd (US 401), from the Wake County Highway District (HD) to the General Commercial Conditional Zoning District (GC-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 information pertaining to the requested zoning, proposed zoning conditions, surrounding land uses, compatibility with the land use plan, utility service availability, transportation considerations, and the required neighborhood meeting. Town Manager Mitchell advised that staff is recommending approval of the zoning map amendment and the Planning Board also unanimously recommended approval. Public Hearing – The public hearing was opened. Charlie Yokley, representing McAdams, 2905 Meridian Parkway, Durham, spoke in favor to the request on behalf of the petitioner. No one chose to speak in opposition to the proposed zoning map amendment for REZ-2019-11. The hearing was closed. Discussion – Mayor Pro-Tem Massengill asked if this property has an existing driveway cut. Planning Director Samantha Smith stated that they have a plan in review for NCDOT to grant both a driveway cut onto Fayetteville Road and they are trying to secure cross access through the property to obtain access to Fayetteville Road to an existing driveway at the Kings Grant subdivision. Recommendation – Approve REZ-2019-11, a zoning map amendment at 8205 Fayetteville Rd (US 401), from the Wake County Highway District (HD) to the General Commercial Conditional Zoning District (GC-CZD). The proposed zoning map amendment is consistent with the 2035 Community Vision Land Use Plan and reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ****************************** CONSENT AGENDA Agenda Item No. 8.A: No Parking Ordinance - Raleigh Street from South Fuquay Avenue to South Aiken Street Purpose – To consider the approval of a Town Code ordinance amendment to establish a no parking zone on the south side of Raleigh Street between South Fuquay Avenue and South Aiken Street. Recommendation – Adopt an ordinance amendment to the Town Code establishing a "No Parking Zone" at all times for the south side of Raleigh Street between South Fuquay Avenue and South Aiken Street. Ordinance No. M-19-04 Agenda Item No. 8B: Deed of Release of Easement and Grant of New Easements - Willow Spring High School Purpose – To consider approval of Deed of Release of Easement and Grant of New Easements agreement between the Town of Fuquay-Varina and the Wake County Board of Education for easements related to the Willow Spring High School. Recommendation – Adopt the proposed Deed of Release of Easement and Grant of New Easements agreement between the Town of Fuquay-Varina and the Wake County Board of Education as presented and recommended and authorize the Town Manager to execute the agreement. The Deed of Release of Easement and Grant of New Easements has been reviewed by the Town Attorney as to form and is in the interest of the public. Agenda Item No. 8C: Annexation Agreement Amendment - Morgan Development Company, LLC - 1829 and 1955 Eddie Howard Road - PIN 0686076032 and PIN 0686079384 - ANX-2016-15 – Item was Removed Purpose – To consider a requested amendment to the previously executed annexation agreement for 1829 and 1955 Eddie Howard Road, containing approximately 29.055 acres. Recommendation – Approve the requested annexation agreement amendment with Morgan Development Company, LLC as presented and recommended by management and staff. (This item was removed from the Consent Agenda at the request of Mayor Pro-Tem Massengill.) Agenda Item No. 8D: Surety / Letter of Credit - Bengal Towne Centre - Landscaping Delay of Installation - $65,062.50 Purpose – To consider a surety request for delay of landscaping improvements for Bengal Towne Centre in the amount of $65,062.50. Recommendation – Approve the underlying agreement and acceptance of a surety for Bengal Towne Centre in the amount of $65,062.50 as presented and recommended subject to Town Attorney review as to form. Agenda Item No. 8E: Budget Amendment - Debt Payoff - Refunding Bond Escrow Purpose – To consider approval of a budget amendment that appropriates, from escrow, the restricted Refunding Bond Proceeds received in May 2019 to pay the principal and interest due for the redemption of the Series 2009A GO Bonds. Recommendation – Approve Budget Amendment BA-20-01 as presented and recommended. A motion was made to approve items A, B, D and E on the Consent Agenda, and to remove Item C for discussion. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Harris MOTION RESULT: Passed Unanimously (5-0) ****************************** ITEMS REMOVED FROM CONSENT AGENDA Agenda Item No. 9A (Formerly 8C): Annexation Agreement Amendment - Morgan Development Company, LLC - 1829 and 1955 Eddie Howard Road - PIN 0686076032 and PIN 0686079384 - ANX- 2016-15 Purpose – To consider a requested amendment to the previously executed annexation agreement for 1829 and 1955 Eddie Howard Road, containing approximately 29.055 acres. Discussion – Mayor Pro-Tem Massengill asked the Town Manager to address the concerns that were received in an e-mail from an adjacent property owner that requested that the Town Board consider applying the same buffer conditions that were previously approved by the Town Board when the site plan was approved, to a minor subdivision that is being proposed by the developer. Planning Director Samantha Smith stated that the buffer that was in the approved site plan was a 10’ buffer that was in addition to the requirements for the subdivision (Black Creek Estates) that contained 24 single family homes. She explained that the buffer was a voluntary condition offered by the petitioner at the time of the site plan and was not a part of any zoning conditions for this property. Subsequently, the developers of Black Creek Estates were not able to make their 24 single family home project work with the extension of water utilities and road improvements, so now the developer has submitted plans for a minor subdivision with no more that 8 single family homes which is allowed by Town Code. Town Manager Mitchell stated that management and the Town’s legal counsel is recommending that the Town Board amend the annexation agreement whereby the Town would not be required to extend water or sewer service to the property. Ms. Joanie Bowden, of Bowden’s Bend Cattle Farm, the adjacent property owner, stated that although there will be less homes throughout the subdivision, there will still be the same number of lots that will adjoin their property. Town Manager Mitchell stated that the request before the Town Board is to approve the amendment to the annexation agreement, which would not require the Town to provide future water or sewer service. He stated that Ms. Bowden and the developer are free to discuss any buffers to the lots that adjoin the Bowden property, but there are no requirements by the Town for buffers in a minor subdivision, any buffers placed on the property would be done voluntary by the developer. Recommendation – Approve the requested annexation agreement amendment with Morgan Development Company, LLC as presented and recommended by management and staff. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (5-0) ****************************** ADMINISTRATIVE REPORTS Agenda Item No. 10A: Preliminary Subdivision Plat - Saras Grove Subdivision - SUB-PR-2018-15 Purpose – To consider a preliminary subdivision plat submitted by The Curry Engineering Group, called Saras Grove, located at 7005 Kennebec 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 provided information about the make-up of the subdivision, transportation considerations, and public utilities. Town Manager Mitchell advised that the preliminary subdivision plat meets all Town development requirements. Discussion – Mayor Pro-Tem Massengill expressed concerns that this subdivision has ditches and not curb and gutter. Engineering Director Tracy Stephenson stated that if it was required to have curb and gutter, then the developer would have to place stormwater management on the property. Mayor Pro-Tem Massengill recommended that the Town Board consider requiring all future subdivisions have curb and gutter. Town Manager Mitchell asked the Town Board to allow staff to do research on the matter and bring it back in a future meeting. The Town Board concurred. Recommendation – Approve the Saras Grove preliminary subdivision plat, SUB-PR- 2018-15, located at 7005 Kennebec Rd, as presented and recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10B: Town Code Amendment - Part 7: Motor Vehicles and Traffic, Chapter 3: Parking Regulations, and Appendix 1: Traffic - Parking Limited to 30 Minutes, and Appendix 1: Traffic - Spaces Reserved for Handicapped - On- Street Parking at 134 N Main Street - Fuquay-Varina Town Hall - M-19-05 Purpose – To consider an amendment to the Town Code of Ordinances that modifies Part 7: Motor Vehicles and Traffic, Chapter 1: General Traffic Regulations, Article F: Parking Regulations, 7-1163: Parking 30-Minute Limit; and Appendices: Traffic, Section 137: Parking Limited to 30-Minutes for on-street parking as it pertains to 134 N Main Street, new Town Hall Facility. 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 action recommended will eliminate time restricted parking that is no longer valid in Town and also create time restricted parking for the new spaces created in front of the new Town Hall. Discussion – Mayor Byrne asked if there would be a slope for the reserved handicap parking spaces. Town Manager Mitchell stated that there would be slopes to meet the ADA requirements. Recommendation – Adopt the amendment to the Town Code of Ordinances, Part 7: Motor Vehicles and Traffic, Chapter 3: Parking Regulations and Appendix 1: Traffic as presented and recommended. MOTION: Commissioner Harris SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. M-19-05 ****************************** OTHER BUSINESS A. Manager’s Report – gave a brief report on the following: • Reported that the Friends of the Museums are making progress for a Strategic Plan in the future. Design plans are underway for the train depot. • Reported that Arts Center Director Daley and he gave a tour of the Arts Center to the Town of Cornelius. • Reported that he assisted the Town of Apex with the Assistant Town Manager assessment center. • Reported that he attended the North Carolina City and County Manager Summer Conference, which featured a workshop on Work Place Violence and Disaster Preparedness. • Reported that he was elected by the NC Managers Association at their winter session to serve on their Executive Board for a 2-year term and was sworn in at the summer conference. • Reported the hiring of Dewayne Moore in Debris Collections. • Reported the hiring of 2 new Fire Fighters • Reported the promotion of Charles Phillips in Engineering to Engineering Technician • Thanked Jonathan Cox and his Parks & Recreation staff for all their hard work at July 3rd event, and that he thought it was spectacular. Also thanked the Police, Fire and Public Works departments for assisting in this event. • Reported that he will interview 2 candidates tomorrow for Planning Department positions. B. Project Status Report – July 2019 C. July 16, 2019 Town Board Meeting - Cancelled D. Arts Center Performance - Broadway's Next Hit Musical - Improv Musical with Audience Participation - Saturday, July 13, 2019 - 7:30 pm - Fuquay-Varina Arts Center E. Barbershop Rap Session Community Conversation - 127 Raleigh Street - Saturday, July 13, 2019 - 10:00 am - 12:00 pm F. Arts Center Performance - Letters from Home - Thursday, July 18, 2019 - 7:00 pm - Fuquay-Varina Arts Center G. Special Olympics Fundraising - Police Department - Saturday, July 20, 2019 - Crossfit Aestus - 6109 NC 55 Suite 109 (Performance Sports Center) H. Ice Cream Social - Sunday, July 21, 2019 - 4:00 - 6:00 pm - Fuquay Mineral Spring Park I. Arts Center - Gerald Parker Jazz Orchestra - Big Band Swing and Dance - Friday, July 26, 2019 - 7:00 pm - Fuquay-Varina Arts Center J. Police Explorer First Nighter - Meet and Greet Event - Monday, July 29, 2019 - 6:00 pm - Fuquay-Varina Police Department K. National Night Out Against Crime - Fuquay-Varina Police Department Open House - Tuesday, August 6, 2019 - 5:00 - 7:00 pm L. Zoning Map Amendment - Curry Engineering - 0 N Main Street and a portion of 1617 N Main Street - PINs 0677027162 and a portion of 0677025153 - REZ-2019- 12 - (Mitchell/Matthews/Smith) - (FIRST READING) M. Zoning Map Amendment - Tri Pointe Homes - 6208 and 6212 Johnson Pond Road - PINs 0677280622 and 0677186533 - REZ-2019-13 - (Mitchell/Matthews/Smith) - (FIRST READING) N. Zoning Map Amendment - Howling Wolf RES, LLC - 1913, 1941, 1979, 1806, 1812, 1916 Ken Drive and Portion of 5906 Hilltop Road - PINs 0687079558, 0687068633, 0687056735, 0677957383, 0687052038, 0677967743, and Portion of 0687260272 - REZ-2019-14 - (Mitchell/Matthews/Smith) - (FIRST READING) O. Zoning Map Amendment - The Curry Engineering Group, PLLC - 775 NE Judd Parkway - PIN 0667418954 - REZ-2019-15 - (Mitchell/Matthews/Smith) - (FIRST READING) ****************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill had no additional comments. Commissioner Smith inquired if the Police Explorer First Nighter meet and greet was open to future explorers and their families. Police Chief Fahnestock stated that the event is open to anyone from the public. Commissioner Smith commended Police Chief Fahnestock and the Police Department for doing a great job on receiving such great recognition that was explained earlier in the meeting. Commissioner Harris stated he enjoyed the July 3rd event and enjoyed seeing the children having a wonderful time playing at the splash pad. Commissioner Wunsch echoed positive comments regarding the July 3rd event. He stated that it was good to hear about the fast response time to the recent fire at the Bob Barker warehouse facility. Commissioner Gardner stated that she was under the weather and hated missing the July 3rd event. She then reported on a good experience that she had while on vacation with the St. Pete Beach’s Public Works Department, who was able to return her lost driver’s license to her after thorough research on the internet. Mayor Byrne recently attended the Metro Mayors Luncheon with Governor Copper. He also attended the Raleigh Wake Med Open House. He and Jim met with the Wake Tech, and Wake County Economic Development for a meeting. He reported that the Fuquay-Varina Wal-mart had their grand re-opening this past Friday and the Police and Fire Department were granted $2,000 each. He also recently swore in Buck Lattimore into the NC Auctioneer Licensing Board. He reported that he filed today for re-election for the upcoming 2019 Municipal Elections. Mayor Byrne gave the following report on past and upcoming events as follows: Past Events 6/27 – Open House & Ribbon Cutting – Raleigh Radiology & WakeMed Surgery - 5:30 pm 7/3 – July 3rd Independence Day Celebration – SouthPark – 6:00 pm Upcoming Events 7/21 – Ice Cream Social – Mineral Springs Park – 4:00 – 6:00 pm 8/1 – Centennial Board Meeting 8/2 – Unsung Hero’s Banquet – Marriott Crabtree 6:00 pm ****************************** CLOSED SESSION – Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege, N.C.G.S. 143-318.11 (a) (5) - Contracts, N.C.G.S. 143-318.11 (a) (6) - Personnel, and N.C.G.S. 143-318.11 (a) (9) - Public Safety A motion to hold a closed session meeting at 9:03 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) ****************************** ADJOURN A motion was made to adjourn the meeting at 11:14 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) Adopted this the 5th day of August 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, July 08, 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 June 18, 2019 Town Board of Commissioners Regular Scheduled Meeting 4. Presentations 4.A Recognize - Police Chief Laura Fahnestock and Fuquay-Varina Police Department - The Victim Services Interagency Council of North Carolina - United States Attorney's Office - (Byrne/Mitchell) 5. Public Comment The public is invited to address the Town Board. 6. Items Tabled From Previous Meeting 6.A Voluntary Annexation Petition - Truelove Property - 7650 Truelove Road - PIN 0675152846 - ANX-2019-09 - ITEM TO BE TABLED - (Mitchell/Matthews/Smith) 6.B Zoning Map Amendment - Glenn Futrell - 7650 Truelove Road - PIN 0675152846 - REZ-2019-05 - (Mitchell/Matthews/Smith) - ITEM TO BE TABLED 6.C Voluntary Annexation Petition - Hilltop Freewill Baptist Church - 3916, 0 Hilltop Needmore Road and 10204 Fayetteville Road - PINs 0688138207, 0688139036 and a portion of 0688330428 - ANX-2018-18 - ITEM TO BE TABLED - (Mitchell/Matthews/Smith) 7. Public Hearing 7.A Zoning Map Amendment - Judson Smith - 438 and 440 Washington St - PINs 0656698492 and FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA JULY 08, 2019 PAGE 2 0656699432 - REZ-2019-10 - (Mitchell/Matthews/Smith) 7.B Voluntary Annexation Petition - Akins, LLC - Carolina Gardens - 1975 Galega Dr – PIN 0665974128 - ANX-2019-10 - (Mitchell/Matthews/Smith) 7.C Zoning Map Amendment - Stephens Road Partners - 1975 Galega Drive - PIN 0665974128 - REZ-2019-07 - (Mitchell/Matthews/Smith) 7.D Zoning Map Amendment - The Spaulding Group - 750 SE Judd Parkway - Portion of PIN 0666137973 - REZ-2019-08 - (Mitchell/Matthews/Smith) 7.E Voluntary Annexation Petition - Robert W. Wright – 8205 Fayetteville Road – PIN 0689866132 - ANX-2019-11 - (Mitchell/Matthews/Smith) 7.F Zoning Map Amendment - McAdams - 8205 Fayetteville Rd - PIN 0689866132 - REZ-2019-11 - (Mitchell/Matthews/Smith) 8. Consent Agenda 8.A No Parking Ordinance - Raleigh Street from South Fuquay to South Akins - (Mitchell/Mouberry) 8.B Deed of Release of Easement and Grant of New Easements - Willow Spring High School - (Mitchell/Meyers) 8.C Annexation Agreement Amendment - Morgan Development Company, LLC - 1829 and 1855 Eddie Howard Road - PIN 0686076032 and PIN 0686079384 - ANX-2016-15 - (Mitchell/Matthews/Smith) 8.D Surety / Letter of Credit - Bengal Towne Centre - Landscaping Delay of Installation - $65,062.50 - (Mitchell/Matthews/Smith) 8.E Budget Amendment - Debt Payoff - Refunding Bond Escrow - (Mitchell/Crabtree) 9. Items Removed From Consent This section is reserved for items removed from the consent agenda for separate consideration. 10. Administrative Reports 10.A Preliminary Subdivision Plat - Saras Grove - SUB-PR-2018-15 - (Mitchell/Matthews/Smith) 10.B Town Code Amendment - Part 7: Motor Vehicles and Traffic, Chapter 3: Parking Regulations, and Appendix 1: Traffic - Parking Limited to 30 Minutes, and Appendix 1: Traffic - Spaces Reserved for Handicapped - On-Street Parking at 134 N Main Street - Fuquay-Varina Town Hall - M-20XX-XX - (Mitchell/Matthews/Seymour) 11. Other Business 11.A Manager's Report 2 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA JULY 08, 2019 PAGE 3 11.B Project Status Report - July 2019 11.C July 16, 2019 Town Board Meeting - Cancelled 11.D Arts Center Performance - Broadway's Next Hit Musical - Improv Musical with Audience Participation - Saturday, July 13, 2019 - 7:30 pm - Fuquay-Varina Arts Center 11.E Barbershop Rap Session Community Conversation - 127 Raleigh Street - Saturday, July 13, 2019 - 10:00 am - 12:00 pm 11.F Arts Center Performance - Letters from Home - Thursday, July 18, 2019 - 7:00 pm - Fuquay-Varina Arts Center 11.G Special Olympics Fundraising - Police Department - Saturday, July 20, 2019 - Crossfit Aestus - 6109 NC 55 Suite 109 (Performance Sports Center) 11.H Ice Cream Social - Sunday, July 21, 2019 - 4:00 - 6:00 pm - Fuquay Mineral Spring Park 11.I Arts Center - Gerald Parker Jazz Orchestra - Big Band Swing and Dance - Friday, July 26, 2019 - 7:00 pm - Fuquay-Varina Arts Center 11.J Police Explorer Firstnighter - Meet and Greet Event - Monday, July 29, 2019 - 6:00 pm - Fuquay-Varina Police Department 11.K National Night Out Against Crime - Fuquay-Varina Police Department Open House - Wednesday, August 7, 2019 - 5:00 - 7:00 pm 11.L Zoning Map Amendment - Curry Engineering - 0 N Main Street and a portion of 1617 N Main Street - PINs 0677027162 and a portion of 0677025153 - REZ-2019-12 - (Mitchell/Matthews/Smith) - (FIRST READING) 11.M Zoning Map Amendment - Tri Pointe Homes - 6208 and 6212 Johnson Pond Road - PINs 0677280622 and 0677186533 - REZ-2019-13 - (Mitchell/Matthews/Smith) - (FIRST READING) 11.N Zoning Map Amendment - Howling Wolf RES, LLC - 1913, 1941, 1979, 1806, 1812, 1916 Ken Drive and Portion of 5906 Hilltop Road - PINs 0687079558, 0687068633, 0687056735, 0677957383, 0687052038, 0677967743, and Portion of 0687260272 - REZ-2019-14 - (Mitchell/Matthews/Smith) - (FIRST READING) 11.O Zoning Map Amendment - The Curry Engineering Group, PLLC - 775 NE Judd Parkway - PIN 0667418954 - REZ-2019-15 - (Mitchell/Matthews/Smith) - (FIRST READING) 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, N.C.G.S. 143-318.11 (a) (5) - Contracts, N.C.G.S. 143-318.11 (a) (6) - Personnel, and N.C.G.S. 143-318.11 (a) (9) - Public Safety 3 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA JULY 08, 2019 PAGE 4 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. 4

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