Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING OCTOBER 7, 2019 CALL TO ORDER Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of Commissioners to order on October 7, 2019 at 7:06 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 Larry Smith provided the invocation and Mayor Pro-Tem Massengill led the Pledge of Allegiance earlier during the new Fuquay-Varina Town Hall Grand Opening and Ribbon Cutting ceremony that took place at 5:00 p.m. at 134 N. Main Street. ****************************** APPROVAL OF THE MINUTES The September 17, 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 Harris MOTION RESULT: Passed Unanimously (5-0)  ****************************** PRESENTATIONS Agenda Item No. 4A Proclamation - Dyslexia Awareness Month Ms. Christie Eakins gave a short PowerPoint presentation on Dyslexia. The proclamation was read by Town Manager Mitchell and presented by Mayor Byrne to Ms. Eakins, proclaiming October 2019 as Dyslexia Awareness Month. Agenda Item No. 4B Proclamation - Guardian Angel Day Commissioner Marilyn Gardner read the proclamation for Guardian Angel Alzheimer’s Awareness Day. Mayor Byrne and Commissioner Gardner presented the proclamation to Ms. Laura Gaddis, founder of the Guardian Angel Thrift, and commended her, her staff and volunteers for raising over $2 million for Alzheimer’s research. Ms. Gaddis expressed her gratitude for the recognition and stated that she is very thankful to be a part of Fuquay-Varina. Agenda Item No. 4C Proclamation - Breast Cancer Awareness Month Town Manager Mitchell read the proclamation and Mayor Byrne designated October as Breast Cancer Awareness Month, and encouraged everyone to educate themselves regarding the disease, and to take necessary steps for early detection. Agenda Item No. 4D Presentation - Check - $23,450 - Hilltop Needmore Town Park & Preserve Advocacy Group Mr. Ron Nawojczyk along with several members of the Hilltop Needmore Town Park & Preserve Advocacy Group presented the Town with a check for $23,450. Mr. Nawojczyk thanked the Town Board for their vision related to the new Town Park and he recognized other members of the Advocacy Group who were in the audience. Mr. Nawojczyk along with Mayor Byrne commended Parks and Recreation Director Jonathan Cox and the Parks & Recreation staff for doing a wonderful job on the upkeep of 150 acres. The Town Board accepted the gift and thanked the Advocacy Group for the donation. ****************************** PUBLIC COMMENTS: There were no public comments for the October 7, 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 consider the continuing the public hearing and tabling consideration of the voluntary annexation petition to the November 4, 2019 Town Board meeting, following receipt of a request of the same for 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 stated that the petitioner has requested that the annexation and zoning map amendment petitions for this property be tabled to the November 4, 2019 meeting to further evaluate matters related to future development of the property to include public infrastructure. Public Hearing – The public hearing was continued. No one chose to speak in favor or opposition to the voluntary annexation petition. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Continue the public hearing and table consideration to the November 4, 2019 meeting, for the voluntary annexation petition for property owned by Thomas Van Truelove and Truelove Enterprises, LLC (ANX-2019-09), as requested and recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ****************************** PUBLIC HEARINGS: Agenda Item No. 7.A: Zoning Map Amendment - Mark Doble - 607 and 609 North Street - PINs 0667107978 and 0667210121 - REZ- 2018-19 Purpose – To consider a requested zoning map amendment for a total of 5.22 acres, located at 607 and 609 North Street, from the Office & Institutional (O&I) and Heavy Industrial (HI) Zoning Districts to the Neighborhood Mixed-Use (NMU) and Urban Mixed-Use (UMU) Zoning Districts. 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 stated that the proposed amendment seeks form-based zoning and therefore requires a master plan submittal for which the Town received. Town Manager Mitchell proceed to provide information pertaining to the requested zoning districts, surrounding land use, utility availability, transportation considerations, the required neighborhood meeting, and management/staff recommendation. He advised that the zoning map amendment is consistent with and that the master plan fulfills the intent of the 2035 Community Vision Land Use Plan. Public Hearing – The public hearing was opened. Mark Doble, 5504 Caleb Knolls Drive, spoke in favor of the request. He stated that the facility will house a brewery and restaurant in one location. No one spoke in opposition of the request. The public hearing was closed. Discussion – Mayor Byrne made reference to a location in Pinehurst, NC that has a restaurant and brewery in one location. He stated that people come from all over to dine and tour at the Pinehurst facility, and he commended Mr. Doble for doing an excellent job in bringing such an establishment to Fuquay-Varina. Commissioner Harris also commended Mr. Doble for his vision of a project that will allow interaction within the community. Commissioner Smith stated that when he served as the Police Chief, he dealt with issues at the old Gold Leaf Tobacco Growers warehouse (609 North Street), and he is excited to see it being repurposed. Commissioner Massengill and Commissioner Wunsch thanked Mr. Doble for all that he does, and for thinking of ways to add to the community. Recommendation – Approve REZ-2018-19, a zoning map amendment at 607 and 609 North Street, from the Office & Institutional (O&I) and Heavy Industrial (HI) Zoning Districts to the Neighborhood Mixed-Use (NMU) and Urban Mixed-Use (UMU) Zoning Districts. The proposed zoning map amendment is consistent with the 2035 Community Vision Land Use Plan and is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7.B: Zoning Map Amendment - Stephens Road Partners, LLC - 7650 Truelove Road - PIN 0675152846 - REZ-2019- 20 - ITEM TO BE TABLED Purpose – To open and continue the public hearing to the November 4, 2019 Town Board meeting for a requested zoning map amendment for a total of 36.113 acres, located at 7650 Truelove Road, from the Wake County R-30 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 advised that the petitioner has requested that the zoning map amendment petition for this property be tabled to the November 4, 2019 meeting to further evaluate matters related to future development of the property to include public infrastructure. Public Hearing – The public hearing was opened. No one chose to speak in favor or opposition to the zoning map amendment. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Continue the public hearing and table consideration to the November 4, 2019 meeting for REZ-2019-20, a zoning map amendment at 7650 Truelove Road, from the Wake County R-30 District to the Residential Medium Density Conditional Zoning District (RMD-CZD), as requested. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7.C: Town Code Amendment - Bartlett Engineering & Surveying, PC - Batching Plant Setbacks - CTA-2019-03 Purpose – To consider a proposed text amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, Article F Use Standards, Section 9-1255, to revise language pertaining to setbacks associated with concrete and asphalt batching plants. 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 Town management and staff does not support amending this standard to reduce the setbacks for batching plants to the extent requested by the petitioner. Town Manager Mitchell advised that the petitioner’s proposed language creates unneeded specificity and overly relaxes the standard and intent. He then presented that staff has proposed an alternate amendment that allows greater flexibility in design and fulfillment of the highest and best use of the entire property on which the batching plant is located and it is more in line with the LDO’s language, applicability and original intent. Town Manager Mitchell reported that staff proposes the following changes to the LDO: - Additional language has been added to the end of the sentence describing the setbacks of a batching plant facility. The section now reads: “All operations and facilities associated with the batching plant facility shall maintain a setback of 100 feet to any property line and 150 feet adjacent to a residential district, except where the zoning lot line is adjacent to a railroad right-of-way, in which case the underlying Heavy Industrial Zoning District setback shall apply to such zoning lot line.” Public Hearing – The public hearing was opened. Steve Oliverio, representing Bartlett Engineering & Surveying, PC, 1906 Nash Street N., Wilson, NC, spoke in favor of Town staff’s amendment. No one spoke in opposition of the request or Town staff’s amendment. The hearing was closed. Discussion – Mayor Pro-Tem Massengill expressed concerns about possible impacts the proposed Town Code amendment could have on building something adjacent to a railroad. Town Manager Mitchell stated that railroad rights-of-way provide an additional buffer and therefore should have minimal impact. Recommendation – Deny the petitioner's proposal of CTA-2019-03, an amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, as it is unreasonable and not in the best interest of the public for reason identified by management and staff. ALTERNATIVE MOTION TO: Approve the staff proposal of CTA-2019-03, an amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance as presented and recommended by Town staff. The text amendment proposed by staff improves upon the Land Development Ordinance 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) Ordinance No. PZ-19-05 Agenda Item No. 7.D: Community Transportation Plan Amendment - Stephens Road Partners, LLC - CTA-2019-04 - ITEM TO BE TABLED Purpose – To open and continue the public hearing to the November 4, 2019 Town Board meeting for a proposed amendment to the Community Transportation Plan, 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 stated that at the September 23, 2019 regular meeting, the Planning Board unanimously voted to recommend approval, finding it reasonable and in the best interest of the public. Since the Planning Board meeting, the petitioner has requested that the CTP amendment be tabled to further evaluate other matters related to the relocation of Fuquay-Varina Parkway. Management and staff support continuing the public hearing and tabling consideration to the November 4, 2019 regular Town Board meeting as requested by the petitioner. Public Hearing – The public hearing was opened. No one chose to speak in favor of, or in opposition to the proposed amendment to the Community Transportation Plan. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Continue the public hearing and table consideration to the November 4, 2019 meeting for CTA-2019-04, an amendment to the Community Transportation Plan. MOTION: Commissioner Harris SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 7.E: Annexation Boundary Agreement - Town of Fuquay- Varina and Town of Angier Purpose – To consider approval of an ordinance that codifies an Annexation Boundary Agreement between the Town of Fuquay-Varina and the Town of Angier. 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 on June 8, 1993, the Town of Fuquay-Varina and the Town of Angier both adopted an Annexation Boundary Agreement for 20 years. Both municipalities adopted the agreement citing the desire to eliminate uncertainty among residents and property owners in unincorporated areas adjacent to the respective Towns and also to improve planning by public and private interests. The agreement; which expired on June 7, 2013, obligated both Towns to not annex or extend utilities into areas agreed to by both parties as depicted on agreed upon maps. Town Manager Mitchell advised that until recently, the Town of Fuquay- Varina and the Town of Angier were not able to reach agreement on a new Annexation Boundary and since June 7, 2013 have been operating independently absent the presence of an agreement. He further advised that the two Towns have now agreed to a new boundary in concept and wish to codify the boundary in the form of a 20-year Annexation Boundary Agreement. Town manager Mitchell stated that the Town of Angier Board of Commissioners approved the proposed agreement on October 1, 2019 after holding a duly advertised public hearing. Public Hearing – The public hearing was opened. No one chose to speak in favor of, or in opposition to the proposed annexation boundary agreement. The hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Adopt the ordinance that codifies the Annexation Boundary Agreement between the Town of Fuquay-Varina and the Town of Angier. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-19-55 ****************************** CONSENT AGENDA Agenda Item No. 8.A: Temporary Street Closure – BBQ, Blues and Brews Festival – Fuquay-Varina Downtown Association, Inc. – November 9, 2019 Purpose – To consider a temporary street closure for the 2019 BBQ, Blues and Brews festival scheduled for Saturday, November 9, 2019, closing Ransdell Road from Broad Street to North Street. The street closure will begin at 7:00 a.m. and will conclude at 9:00 p.m. to accommodate setup and break down. The actual time of the event is scheduled from 12:00 p.m. to 4:00 p.m. There is no rain date scheduled for this event. Recommendation – Approve a temporary street closure request by the Fuquay- Varina Downtown Association, Inc. for the BBQ, Blues and Brews festival scheduled for Saturday November 9, 2019 as presented and recommended. Agenda Item No. 8B: Temporary Street Closure - Fire Department Open House - Saturday, October 12, 2019 - 8:00 a.m. - 5:00 p.m. Purpose – To consider a temporary street closure for the Fuquay-Varina Fire Department Open House event on October 12, 2019 from 8:00 a.m. to 5:00 p.m., closing a portion of East Vance Street from S. Fuquay Avenue to Angier Road/S. Aiken Street. The actual event is scheduled from 10:00 a.m. to 3:00 p.m. Recommendation – Approve a Temporary Street Closure – W. Spring Street – Fuquay Mineral Spring Park Stream Restoration Project. Agenda Item No. 8C: Temporary Street Closure – W. Spring Street - Fuquay Mineral Spring Park Stream Restoration Project Purpose – To consider a temporary street closure for W. Spring Street from Spring Avenue to the beginning of the parking next to the Masonic Lodge, to minimize impacts to the Fuquay Mineral Spring Park and to facilitate the stream bank stabilization project. It is anticipated that this will remain closed for the duration of the stream bank stabilization project which contractually runs through January 2020. Recommendation – Approve a temporary street closure for W. Spring Street from Spring Avenue to the parking at the Fuquay Masonic Lodge as presented and recommended. Agenda Item No. 8D: 2020 Town Board Meeting Schedule Purpose – To consider setting the Town Board's regular meeting schedule for the calendar year 2020. Recommendation – Adopt the 2020 Town Board Regular Meeting Schedule as presented. Agenda Item No. 8E: Utility Allocation - Royal Creek Development, Phases 5 through 7 and Phase 11 Purpose – To consider a utility allocation request for the Royal Creek Development, Phases 5-7 and Phase 11 for 22,029 gpd sewer and 25,584 gpd water. Recommendation – Approve the recommended utility allocation request for Royal Creek Development, Phases 5-7 and Phase 11 as presented and recommended. Agenda Item No. 8F: Utility Allocation - Arlington Meadows Phase 1-6 Purpose – To consider a utility allocation request for the Arlington Meadows Phase 1-6 for 27,000 gpd sewer and 32,400 gpd water. Recommendation – Approve the recommended utility allocation request for Arlington Meadows Phases 1-6 as presented and recommended. Agenda Item No. 8G: Utility Allocation - Meadow Bluffs Subdivision, Phases 4- 7 Purpose – To consider a utility allocation request for the Meadow Bluffs Subdivision, Phases 4-7 for 41,700 gpd sewer and 41,700 gpd water. Recommendation – Approve the recommended utility allocation request for Meadow Bluffs Subdivision, Phases 4-7 as presented and recommended. (This item was removed from the Consent Agenda at the request of Commissioner Wunsch.) Agenda Item No. 8H: Facade Grant Funding Request - East West Property Investments - 104, 106, and 108 W. Vance Street - Gurdev Jagpal Purpose – To consider approval for a façade grant funding request for East West Property Investments located at 104, 106, and 108 W. Vance Street. Recommendation – Approve the façade grant funding request and application submitted by Gurdev Jagpal located at 104, 106, and 108 W. Vance Street in an amount up to $2,500 as presented and recommended. A motion was made to approve all items (A-H, with exception to Item 8G) on the Consent agenda. MOTION: Commissioner Wunsch SECOND: Commissioner Harris MOTION RESULT: Passed Unanimously (5-0) ****************************** ITEMS REMOVED FROM CONSENT AGENDA Agenda Item No. 9A (Formerly 8G): Utility Allocation - Meadow Bluffs Subdivision, Phases 4-7 Purpose – To consider a utility allocation request for the Meadow Bluffs Subdivision, Phases 4-7 for 41,700 gpd sewer and 41,700 gpd water. Discussion – Mayor Pro-Tem Massengill asked to be recused from any discussion or action on this item due to personal financial interest. Recommendation – To recuse Mayor Pro-Tem Massengill as requested. MOTION: Commissioner Gardner SECOND: Commissioner Smith MOTION RESULT: Passed Unanimously (4-0) Recommendation – To consider a utility allocation request for the Meadow Bluffs Subdivision, Phases 4-7 for 41,700 gpd sewer and 41,700 gpd water. MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (4-0) ****************************** ADMINISTRATIVE REPORTS Agenda Item No. 10A: Easement Purchase Agreement - Century Link - U-5317 NW Judd Purpose – To approve an easement purchase agreement with CenturyLink as part of the NW Judd Parkway construction. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He explained that CenturyLink needs an easement on property that the Town acquired as a part of the property acquisition for a section of NW Judd Parkway. He advised that by selling CenturyLink the easement it would allow the Town to settle a condemnation action and provide for CenturyLink to move forward with utility relocation activities. Town Manager Mitchell further advised that the transaction in total would net the Town $2,895 to be determined for some purpose at a later time. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve an easement purchase agreement with CenturyLink, conditioned upon settlement of NW Judd Parkway condemnation case 18 CVS 8254 and subject to review by the Town Attorney as to form. MOTION: Commissioner Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ****************************** OTHER BUSINESS A. Manager’s Report – gave a brief report on the following: • Reported that Celebrate Fuquay-Varina Concert and Festival was a huge success and thanked all who worked the festival. • Reported that Town staff placed great focus on getting offices moved and operational over the past several weeks and that he was proud of the result for the new Town Hall. B. Project Status Report – October 2019 C. City and County Communication and Marketing Association - National Awards D. FM2FV Concert - North Tower - Thursday October 10, 2019 - 6:30 pm - 9:30 pm - Centennial Park E. Fuquay-Varina Fire Department - Open House - Saturday October 12, 2019 - 10:00 am - 3:00 pm F. Barbershop Rap Session Community Conversation - Extraordinary Cuts - 127 Raleigh Street - Saturday, October 12, 2019 - 9:00 am - 11:00 am G. Microtransit Planning Study Public Meeting - Arts Center - Tuesday October 15, 2019 - 4:00 - 6:00 pm H. Haunted Trail - Carroll Howard Johnson Environmental Education Park - Saturday, October 19, 2019 - Family Fright 5:00pm - 6:00 pm and Full Fright 7:00 pm - 9:00 pm I. Coffee with a Cop - The Mill - 146 S. Main Street - Friday November 8, 2019 - 9:30 am - 11:30 am J. Fuquay-Varina Downtown Revitalization - BBQ Blues and Brews Festival - Downtown Varina - Saturday November 9, 2019 - 2:00 - 6:00 pm ***************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill thanked everyone for all their hard work this past weekend at Celebrate Fuquay-Varina and for getting Town Hall ready for its grand opening. Commissioner Smith echoed what Mayor Pro-Tem Massengill stated about great events this past weekend and the grand opening of Town Hall. He thanked staff for all their hard work. Commissioner Harris stated that the new town hall looks great and commended staff for all their hard work in getting it ready for the grand opening. Commissioner Wunsch stated that we can be proud of the new Town Hall that will be used for decades to come. He also thanked staff for all their hard work in getting it ready for the grand opening, and that it was privilege to be in this building and to serve. Commissioner Gardner agreed with what everyone else said and that this was a dream come true to have Town Hall back in the downtown again. She stated that she received positive comments regarding the wonderful family-oriented weekend with that the Town hosted with the concert and festival. Mayor Byrne stated that the town is changing and has changed especially in the last 8-10 years and it is happening more rapidly. He also thanked Mr. Ron Nawojczyk and the Hilltop Needmore Town Park & Preserve Advocacy Group for their generous contribution to the park. ****************************** CLOSED SESSION – Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege, N.C.G.S. 143-318.11 (a) (4) - Economic Development, and N.C.G.S. 143- 318.11 (a) (9) - Public Safety A motion was made to hold a closed session meeting at 8:27 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) ****************************** OPEN SESSION – The Town Board returned to Open Session at 9:55 p.m. with nothing to report out. ADJOURN A motion was made to adjourn the meeting at 9:55 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) Adopted this the 22nd day of October 2019 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk