Board of Commissioners
Regular MeetingFuquay-Varina, NC · December 2, 2019
Minutes
TOWN OF FUQUAY-VARINA
BOARD OF COMMISSIONERS REGULAR MEETING
DECEMBER 2, 2019
CALL TO ORDER
Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of
Commissioners to order on December 2, 2019 at 7:04 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
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INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Larry Smith provided the invocation and the Presentation of Colors and
Pledge of Allegiance was led by Fuquay-Varina Police Department Honor Guard.
Mayor Byrne recognized the Secretary of the North Carolina Department of Public
Safety, Eric Hooks for attending the meeting.
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OTHER BUSINESS
Agenda Item No. 3A: Deputy Town Clerk Temporary Appointment - Patricia W.
Byrne
Purpose – To consider temporarily appointing Patricia W. Byrne as Deputy Town Clerk
for a period of 30 days for the purpose of administering the oath of office to her
husband John W. Byrne.
Staff Comments – Town Manager Mitchell entered the agenda abstract and
supporting documents for this agenda item into the official record of the Town. Mayor
John W. Byrne was recently re-elected as Mayor of the Town of Fuquay-Varina. Mayor
Byrne has expressed that he would like for his wife, Patricia W. Byrne, to be able to
administer him the oath of office. To accommodate this request, Patricia will need to
be temporarily appointed by the Town Board of Commissioners as a Deputy Town
Clerk prior to administering the oath of office to John W. Byrne.
Recommendation – Temporarily appoint Patricia W. Byrne as Deputy Town Clerk for a
period of 30 days for the purpose of administering the oath of office to John W. Byrne.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Wunsch
MOTION RESULTS: Passed Unanimously (5-0)
Agenda Item No. 3B: Deputy Town Clerk Temporary Appointment - Mollie
Stephenson
Purpose – To consider temporarily appointing Mollie Stephenson as Deputy Town Clerk
for a period of 30 days for the purpose of administering the oath of office to her friend,
Marilyn B. Gardner.
Staff Comments – Town Manager Mitchell entered the agenda abstract and
supporting documents for this agenda item into the official record of the Town.
Commissioner Marilyn B. Gardner was recently re-elected as Commissioner for the
Town of Fuquay-Varina. Commissioner Gardner has expressed that she would like for
her friend, Mollie Stephenson, to be able to administer him the oath of office. To
accommodate this request, Mollie will need to be temporarily appointed by the Town
Board of Commissioners as a Deputy Town Clerk prior to administering the oath of
office to Marilyn B. Gardner.
Discussion – There was no discussion from members of the Town Board regarding this
matter.
Recommendation – Temporarily appoint Mollie Stephenson as Deputy Town Clerk for
a period of 30 days for the purpose of administering the oath of office to Marilyn B.
Gardner.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Harris
MOTION RESULTS: Passed Unanimously (5-0)
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RELIEF OF DUTUES:
Agenda Item No. 4A: Relief of Duties
Mayor Byrne was relieved as the presiding officer over the Town Board meeting in
preparation to take the Oath of Office of Mayor. At this time, Mayor Pro-Tem
Massengill presided over the meeting.
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OATH OF OFFICE – MAYOR:
Agenda Item No. 5A: Administration of the Oath of Office - John W. Byrne
Deputy Town Clerk Patricia Byrne administered the oath of office to John W. Byrne as
Mayor of the Town of Fuquay-Varina. This will make the 10th consecutive term that
Mayor Byrne has been elected, and upon completion of this term he will have served
the Town of Fuquay-Varina for 20 years. Mayor Byrne expressed gratitude to his wife
and citizens of Fuquay-Varina for their votes and support. Mayor Byrne then continued
his role as presiding officer over the Town Board meeting.
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OATH OF OFFICE – COMMISSIONERS:
Agenda Item No. 6A: Administration of the Oath of Office – William H. Harris -
Commissioner
Town Clerk Rose Rich administered the oath of office to William H. Harris as Town
Commissioner. This will make the 9th term that Commissioner Harris has served as
Commissioner and upon completion of this term he will have served the Town of
Fuquay-Varina for 37 years.
Agenda Item No. 6B: Administration of the Oath of Office – Marilyn B. Gardner
- Commissioner
Deputy Town Clerk Mollie Stephenson administered the oath of office to Marilyn B.
Gardner as Commissioner. This will make the 2nd consecutive term that Commissioner
Gardner is elected as Commissioner and upon the completion of this term she will
have served the Town of Fuquay-Varina for 8 years.
Agenda Item No. 6C: Administration of the Oath of Office – Larry W. Smith
Mayor Byrne administered the oath of office to Larry W. Smith as Commissioner.
Commissioner Smith was previously appointed to the Town Board to fill an unexpired
term of former Commissioner Charlie Adcock. This will make the 1st term that
Commissioner Smith is elected as Commissioner, and upon completion of this term he
will have served the Town of Fuquay-Varina for nearly 5 years.
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Agenda Item No. 7A: Town Board Member Comments
Commissioner Harris thanked everyone for the kind remarks. He stated that he is
deeply moved and honored to be re-elected. He said that he is grateful for the
opportunity to continue serving the citizens of Fuquay-Varina. Commissioner Harris
thanked his wife, Meta, for supporting him throughout his time as Commissioner. He
stated that no one stays in such a position without the help of people. He expressed
sincere gratitude to the citizens of Fuquay-Varina.
Commissioner Gardner thanked the voters of Fuquay-Varina, friends, and family for
her journey as a Commissioner. She stated that serving the past four years has been
a great honor and that she loves this town. She thanked the Board, staff, the Town
Manager and the Mayor for all the help they have given, and she is honored to
worked with all the Board members. Commissioner Gardner commented that she was
wearing two lapel pins – the centennial pin to honor past generations and town
leaders and the current day Fuquay-Varina Dash More pin to honor the positive
changes that have taken place over recent years and the future.
Commissioner Smith congratulated the Mayor, Commissioner Harris and Commissioner
Gardner on a great election. He stated that the Town Board works very well together;
and he is honored to be able to work with this Board and staff in the coming years. He
also thanked his wife and family for their support during the campaign. He finally
thanked the citizens of Fuquay-Varina for the opportunity to continue serving the
Town.
Mayor Byrne thanked his wife Patty for all the support she has given over the years. He
stated that he felt very fortunate to have been able to have two careers, of sort, in his
lifetime; one in banking and the other as Mayor. Mayor Byrne stated that being Mayor
is a very high honor and he has tried to represent the Town to the best of his ability.
Mayor Byrne concluded by sharing that the secret ingredient is teamwork. He
expressed his appreciation to everyone that has served on the Town Board.
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Agenda Item No. 8A: Election of Mayor Pro-Tempore
Purpose – To elect a member of the Town of Fuquay-Varina Board of Commissioners
to serve a two-year appointment term as Mayor Pro-Tempore of the Town Board.
Staff Comments – Town Manager Mitchell entered the agenda abstract and
supporting documents for this agenda item into the official record of the Town. Every
two years, pursuant to the Town of Fuquay-Varina Charter, the Mayor is charged with
nominating a member of the Town Board of Commissioner to serve a two-year
appointment as Mayor Pro-Tempore of the Town Board. The Board of Commissioners
is charged with voting on the Mayor's nominee or selecting a different Commissioner
from the Town Board to serve in the role for the two-year term.
Discussion – Mayor Byrne recommended that the Town Board re-appoint
Commissioner Massengill to serve another two year term as Mayor Pro-Tempore noting
his working local and his previous two years doing a great job filling in for the Mayor
when he was unable to attend a meeting or an event.
Recommendation – Elect Commissioner Massengill, to serve a two-year appointment
as Mayor Pro-Tempore for the Town of Fuquay-Varina.
MOTION: Commissioner Wunsch
SECOND: Commissioner Smith
MOTION RESULTS: Passed Unanimously (5-0)
Agenda Item No. 8B: Appointment to Town Board Committees and Other
Organizations
Purpose – To appoint members of the Town Board to the standing committees of the
Town Board and other organization where the Town has representation.
Discussion – Mayor Byrne advised that, absent objection from members of the Town
Board, he was appointing members of the Board to same committees that they were
appointed to the previous two years. He reported the following.
Law and Finance Committee: Marilyn Gardner (Chair)
Blake Massengill
Larry Smith
Economic Development Committee: Blake Massengill (Chair)
Jason Wunsch
Larry Smith
Public Works Committee: Bill Harris (Chair)
Blake Massengill
Marilyn Gardner
Public Safety Committee: Jason Wunsch (Chair)
Marilyn Gardner
Bill Harris
Chamber of Commerce Mayor John W. Byrne (Ex-Officio)
CAMPO Mayor John W. Byrne
Fuquay-Varina Museums Board Marilyn Gardner (Town Liaison)
Fuquay-Varina Downtown Assoc. Marilyn Gardner (Town Liaison)
Fuquay-Varina Arts Council Jason Wunsch (Town Liaison)
Triangle J Council of Government Board of Delegates:
Larry Smith (Delegate Representative)
Jason Wunsch (Alternate Representative)
Recommendation – Although not required, Mayor Byrne asked for the ratification of
the appointment to Town Board Committees and Other Organizations as
recommended by Mayor Byrne.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Wunsch
MOTION RESULTS: Passed Unanimously (5-0)
Agenda Item No. 8C: Appointment of Town Advisory Boards and Committees
and Chair Appointments - Planning Board and Board of
Adjustment Advisory Boards
Purpose – To receive recommendations on appointments to the Planning Board and
Board of Adjustment from Mayor Byrne and consider ratifying the appointments as is
customary.
Discussion – Mayor Byrne recommended the following appointments to the Planning
Board and Board of Adjustment. He also stated that he was appointing Ed Ridpath as
Chair of the Planning Board for a two-year term and Mike Dorman as Chair of the
Board of Adjustment (if reappointed) for a two year term.
Planning Board:
Ed Ridpath, 313 S. Fuquay Avenue
(2-year Chair Term to end 12/31/2021 to coincide with existing term as member)
Jim Chandler – In-Town Member
1612 Lake Glen Drive
(2nd Term to end 12/31/2022)
Tracy Watson – In-Town Member
905 Cahlfield Court
(1st Term to end 12/31/2022)
Barbara Marchioni – ETJ Member Recommendation Resolution No. 19-1639
1519 S. Main Street
(2nd Term to end 12/31/2022)
Board of Adjustment
Chairman Mike Dorman- 411-B North Judd Parkway
(2nd Term as Chair to end 12/31/2021)
(2nd Term as Member to end 12/31/2022)
William Hartman – In-Town Member
924 Sequoia Ridge Drive
(2nd Term to end 12/31/2022)
Dan Miller – ETJ Member Recommendation Resolution No. 19-1638
1413 Squire Ridge Drive
(2nd Term to end 12/31/2022)
Michelle Braxton – ETJ Member Recommendation Resolution No. 19-1638
6312 Whitted Road
(Filling an unexpired Term to end 12/31/2021)
Angela Parsons- In-Town (Alternate)
439 Timber Meadow Lake Drive
(Filling an unexpired Term to end 12/31/2020)
Mayor Byrne stated that at a future meeting he would make appointments to the
Parks and Recreation Advisory Board and other boards or committees as deemed
necessary.
Discussion – There was no discussion from members of the Town Board regarding this
matter.
Recommendation – Ratify the appointments to the Planning Board and Board of
Adjustment as recommended by Mayor Byrne.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Gardner
MOTION RESULTS: Passed Unanimously (5-0)
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Agenda Item No. 9A: Recess
The Town Board recessed for approximately 15 minutes.
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CALL TO ORDER
Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of
Commissioners to order on December 2, 2019 at 8:21p.m.
APPROVAL OF THE MINUTES
The November 19, 2019 minutes of the regularly scheduled meeting of Town Board of
Commissioners were presented and recommended for approval.
MOTION: Commissioner Wunsch
SECOND: Commissioner Smith
MOTION RESULT: Passed Unanimously (5-0)
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PRESENTATIONS
Agenda Item No. 4A: Comprehensive Annual Financial Report (CAFR) – Fiscal
Year Ending June 30, 2019
April Adams with Cherry and Bekaert, LLP reviewed the Comprehensive Annual
Financial Report for the Fiscal Year Ending June 30, 2019. She stated in summary that
the audit findings include clean opinions, good internal controls, no significant
deficiencies identified, and full cooperation with management during the audit. She
presented detailed highlights of the audit report as follows:
The assets and deferred outflows of resources of the Town exceeded its liabilities and
deferred inflows at the close of the fiscal year by $191.5 million (net position). Of this
amount, $33 million (unrestricted net position) may be used to meet the government’s
ongoing obligations to the citizens and creditors. At the end of the fiscal year, the
Town’s governmental funds reported combined ending fund balances of $55.8 million,
about 124% greater than the prior fiscal year. This increase was due to the balances
remaining of bond proceeds issued during the previous year that were not spent at
June 30. All these funds are restricted for the purposes for which the bonds were issued.
As of the close of the fiscal year, the Town’s unassigned fund balance for the General
Fund was $18.4 million, or 61.6% of total General Fund expenditures and transfers out
for the fiscal year. This amount is considered available for spending at the
government’s discretion. The Town’s total debt increased by $27.6 million during the
2018-2019 fiscal year. Total debt increased due to the issuance of $17.1 million in street
bonds and $11.1 million in public facilities bonds. The Town’s bond rating is Aa1 by
Moody’s Investor’s Service and AAA by Standard and Poor’s Corporation. Neither
rating changed during the fiscal year. On a government-wide basis, the Town’s
program expenses exceeded revenues by just over $7 million. Governmental activity
expenses were $11.7 million more than program revenues while business-type activities
program revenues exceeded expenses by $4.7 million.
Town Manager Mitchell reported that this year makes the 5th straight year that the
town has received an award for excellence in financial reporting, for fiscal year
ending June 30, 2018, issued by the Government Finance Officers Association. Town
Manager Mitchell recommended that the Town Board accept the FY 2018-2019
Comprehensive Annual Financial Report as presented by Cherry Bekaert, LLP. Mayor
Byrne commended the Town Manager and Department Heads for doing a great job
staying within budget. He stated that the Town has improved everything that it has
touched.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Gardner
MOTION RESULT: Passed Unanimously (5-0)
Agenda Item No. 4B: Presentation - Via Microtransit Study Update
Assistant Town Manager Matthews presented the Via Microtransit Study Update. The
initial service consideration was for minimum service design standards to meet and
exceed coverage goals of 54% of the population and 80% of jobs. The target utilization
was for a range of 1.5 to 10 passengers per hour (range between Demand Response
and Commuter Bus targets). The expected time of arrival or wait time would average
no more than 30 minutes based on minimum peak frequency for local bus routes. He
gave a brief overview of the public engagement activities and response. A survey was
fielded to area residents, employees and visitors from October 9th to November 1st. A
public engagement meeting was held with residents and Town staff on October 15th.
Numerous “Pop-up” educational sessions were held by Town staff in October. Public
engagement was also promoted on the Town’s website and social media, and a total
of 313 responses were collected. The full survey results, including all open-ended
responses will be documented in the final report. Assistant Town Manager Matthews
gave detailed information regarding simulation scenarios for both low and high
demand in the areas of ridership, utilization, fleet size, vehicle size, average wait time
minutes, average walk time in meters as well as average trip time minutes. He also
presented detailed information on the budget overview for proposed services that
ranged between $282,858 and $848,256 based on services provided and the fleet size.
He stated that achieving an annual budget of less than $400,000 requires meaningful
reductions in both fleet size and operating hours, with no Saturday service and only
one vehicle in operation during off-peak hours, likely resulting in lower-than-average
quality of service during those periods. The overall value question is compounded by
the likelihood that there will be minimal contribution from Wake County, if any. The
recommended next steps will be to receive the final study report from Via on
December 6, 2019. The FY 2021 Wake Transit Community Funding Area pre-submittal
meeting will be held on December 12, 2019 and full application is due January 3, 2020.
Town management’s recommendation is to NOT submit this funding cycle, as the
results of the study indicate a microtransit service meeting public expectations is not
factored in the Five-Year Plan. Town management recommends to further explore
potential funding and service delivery partners, give focus to this topic at the Town
Board’s Strategic Planning Retreat to provide direction to staff on a service model that
best aligns service expectations with financial capacity. Town Management also
recommends engaging potential service partners and program appropriate
resources into the next Five-Year Plan, if possible, and consider applying for CFA
Funding in the FY 2022 cycle. Mayor Pro-Tem Massengill questioned if microtransit is a
priority at this time because he has not heard an overwhelming request for this service
by the citizens of Fuquay-Varina. Mayor Byrne offered that if Wake County would help
fund the service over an extended period of time it would be more appealing.
Commissioner Gardner offered that the Town should explore demographics for
transportation options for seniors and see if there is an actual need. After discussions
by the Town Board it was decided not to commit any more money to microtransit and
further discuss the topic at the Town Board Strategic Planning Retreat in February 2020.
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PUBLIC COMMENTS:
Kate MacMonagle with the Fuquay-Varina Chamber of Commerce gave an update
on their Board of Directors. She stated that Mike Cole, Nancy Johns and Arts Sanders
terms would be expiring. The following would be serving on the board – Brent Davis,
Brandy Taylor, Jill Smith, Melissa Flanigan and Olivia Scott (Chair). She also reminded
everyone of the upcoming Fuquay-Varina Christmas Parade that will be held
December 8, 2019 at 3:00 pm.
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ITEMS TABLED FROM PREVIOUS MEETING:
There were no items tabled from the previous meeting for the November 19, 2019 Town
Board meeting.
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PUBLIC HEARINGS:
Agenda Item No. 15A: Voluntary Annexation Petition - Vivian Fish, Trustee of
James William Fish Property - 6490 Hilltop Road, Willow
Springs – PIN 0687425609 - ANX-2019-15
Purpose – To consider the adoption of an ordinance extending the corporate limits of
the Town of Fuquay-Varina following receipt of a petition for voluntary annexation of
property owned by Vivian Fish, Trustee of James William Fish Property located at 6490
Hilltop Road, Willow Springs, containing 96.861 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 stated that the property contains approximately 96.861 acres and has road
access at 6490 Hilltop Road. The property is non-contiguous to the Town's corporate
limits where water and sewer is available. At the November 19, 2019 meeting, the Town
Board instructed the Town Clerk to investigate the sufficiency of the applicant's
petition for voluntary annexation and the Town Clerk certified at that time that the
petition was sufficient and meets the requirements prescribed by the North Carolina
General Statutes. The Town Board also adopted a resolution setting a public hearing
for the December 2, 2019 Town Board meeting.
Public Hearing – The public hearing was opened. No one from the audience chose
to speak in favor or opposition to the proposed annexation petition. The public
hearing was closed.
Discussion – There was no discussion from members of the Town Board regarding this
matter.
Recommendation – Adopt the ordinance to extend the corporate limits of the Town
of Fuquay-Varina to include property owned by Vivian Fish, Trustee of James William
Fish Property (ANX-2019-15) as presented and recommended.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Jason
MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-19-59
Agenda Item No. 15B: Zoning Map Amendment - The Spaulding Group - 6490
Hilltop Road - PIN 0687425609 - REZ-2019-21
Purpose – To consider a requested zoning map amendment for a total of 95.421 acres,
located at 6490 Hilltop 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
stated that the subject property totals 95.421 acres and is located in the Town's urban
service area. The property is currently vacant and mostly forested, with an abandoned
house and associated outbuildings. The petitioner has requested the following
permitted use conditions be made applicable to the subject property:
1) Single-family detached dwellings
2) Townhomes
The petitioner has requested the following site-specific conditions be made
applicable to the subject property:
1) At the time of the subdivision plan, the property shall be developed in
accordance with the Open Space development regulations contained in the
Town of Fuquay-Varina's Land Development Ordinance.
2) The minimum amount of open space provided shall be 20% of the site.
3) All dwelling units shall be subject to the following:
a. Garage doors shall contain either windows or carriage style
adornments.
b. Front-loaded units will utilize a covered porch/stoop area.
c. Required Decorative Features: Each unit shall utilize either: a
decorative front door (minimum 25% glazing); window transom, door
sidelights, or door transom.
d. Materials: Siding: At least two (2) of the following materials shall be
used on each unit: wood, fiber-cement, metal, masonry brick, brick
veneer, masonry stone, stone veneer, or synthetic stone. The use on
vinyl siding shall be prohibited, except for trim elements of the
dwelling unit facade, instead siding must be fiber cement siding
featuring horizontal, shake, or board and batten design.
4) In order to promote variation in home appearance, no home can be
constructed with an exterior elevation (front facade) or color palette that is
identical to the home on either side or directly across the street from it, to
provide an anti-monotony development.
5) Roofline shall be broken up horizontally and vertically along front facade,
such that no roofline is in a single mass. No two adjacent homes shall have the
same roofline.
6) Any side or rear facade of a dwelling unit visible from Hilltop Road shall have
a covered enclosed porch, and/or decorative trim or shutters around all
windows of such facade.
7) The perimeter buffer of the subject property shall remain undisturbed to the
extent practical. Tree protection fencing shall be required to be installed to
ensure the buffer is undisturbed as best as possible during site construction.
Additionally, the minimum width of this perimeter buffer shall be 25 feet. If
necessary, the buffer shall be supplemented so that it meets Type B buffer
requirements as defined in the LDO. Specifically, large evergreen trees installed
must also meet LDO requirements and be installed at a minimum of eight (8)
feet in height and shall be spaced no more than thirty (30) feet apart at the
time of planting. Where there is no plant material present within the twenty-
five foot perimeter buffer, as shown on Exhibit 1, a berm with a minimum height
of five (5) feet shall be incorporated, with direction from that the HOA will
maintain both sides of the berm that is to be listed in the HOA documents. Such
berm shall be supplemented so that it meets Type B buffer requirements as
defined in the LDO. Specifically, large evergreen trees installed must also meet
LDO requirements and be installed at a minimum of eight (8) feet in height and
shall be spaced no more than thirty (30) feet apart at the time of planting.
Public Hearing – The public hearing was opened. Laura Holleman representing the
Spaulding Group, 1611 Jones Franklin Road, Suite 101, Raleigh, NC, spoke in favor to
the zoning map amendment. The following persons spoke neither for or in opposition
to the proposed zoning map amendment for REZ-2019-21: Joy Daubenspeck, 2505
Johnny Baker Road, Willow Spring, Terry Yeargin 6325 Hilltop Road, Willow Spring, David
Strickland, 2509 Johnny Baker Road, Willow Spring and Martha Fish, 6615 Kennebec
Road, Willow Spring. Those speaking expressed concern regarding adjacent and
nearby farming operations and asked for a 50-foot buffer instead a 25-foot buffer.
David Strickland requested that the Town consider also requiring a stub street to his
property.
Discussion – Mayor Pro-Tem Massengill asked Planning Director Samantha Smith about
requirements for stub streets. Director Smith stated that stub streets are required at 60
lot intervals. Commissioner Wunsch stated that the developer is offering to install a
buffer that is two and a half times what is required in order to address concerns voiced
by the adjacent property owners. Commissioner Harris stated that this issue is unique
and that the Town should come to some sort of happy median to preserve the farming
community, and he stated that he would support increasing the buffer to 50-feet.
Commissioner Smith and Commissioner Gardner offered that they believe the 25-foot
buffer is reasonable. Mayor Byrne also offered that the 25-foot buffer is reasonable,
especially with the additional condition of the berm where natural vegetation does
not already exist. The public hearing was closed.
Recommendation – Approve REZ-2019-21, a zoning map amendment at 6490 Hilltop
Road, from the Wake County R-30 Zoning District to the Residential Medium Density
Conditional Zoning District (RMD-CZD). The recommendation to include the revised
written condition #7 with the addition of the 25-foot buffer and 5-foot berm with
landscaping. 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 Gardner
MOTION RESULTS: Passed Unanimously (4-1) (Commissioner Harris opposed)
Agenda Item No. 15C: Voluntary Annexation Petition - Lynwood and Cassandra
Daniel - 2507 N Main Street, Fuquay-Varina – Portion of
PIN 0677688748 - ANX-2019-16
Purpose – To consider the adoption of 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 Lynwood and Cassandra Daniel, located
at 2507 N Main Street, containing 30.054 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 stated that the property contains approximately 30.054 acres and will have road
access through Terri Creek Drive. The property is non-contiguous to the Town's
corporate limits where water and sewer is available. At the November 19, 2019
meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of
the applicant's petition for voluntary annexation and the Town Clerk certified at that
time that the petition was sufficient and meets the requirements prescribed by the
North Carolina General Statutes. The Town Board also adopted a resolution setting a
public hearing for the December 2, 2019 Town Board meeting.
Request For Recusal
Mayor Pro-Tem Massengill requested he be recused from discussion and action on
annexation petition ANX-2019-16 due to a personal financial interest.
Motion To Recuse
MOTION: Commissioner Wunsch
SECOND: Commissioner Gardner
MOTION RESULT: Passed Unanimously (4-0)
Public Hearing – The public hearing was opened. No one from the audience chose
to speak in favor of, or in opposition to the proposed annexation petition. The public
hearing was closed.
Discussion – There was no discussion from members of the Town Board regarding this
matter.
Recommendation – Adopt the ordinance to extend the corporate limits of the Town
of Fuquay-Varina to include property owned by Lynwood and Cassandra Daniel
(ANX-2019-16) as presented and recommended.
MOTION: Commissioner Smith
SECOND: Commissioner Harris
MOTION RESULTS: Passed Unanimously (4-0) Ordinance No. N-19-60
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CONSENT AGENDA
Agenda Item No. 16.A: Budget Amendment - Bishop Photo - Youth Athletic
Scholarship Fund Donation - Parks, Recreation & Cultural
Resources - $1,350 - BA-20-10
Purpose – To consider approval of budget amendment BA-20-10 recognizing funds
from Bishop Photo in the amount of $1,350.00 for non-resident scholarships within the
Parks, Recreation and Cultural Resources Department.
Recommendation – Approve budget amendment BA-20-10 as presented and
recommended.
Agenda Item No. 16B: Blanket Encroachment Agreement
Purpose – To consider adoption of a blanket encroachment agreement for utility
installers on town-maintained streets. The Town has encroachment agreement
requirements in the Town Standard Specifications and Construction Details that
require installers of non-Town owned utilities to abide by certain requirements. Through
time, the Engineering and Public Utilities departments have found that another tool is
needed to ensure installers are following town standards and are not endangering
Town infrastructure. In consultation with the Town Attorney, Town staff created a
blanket encroachment agreement that streamlines the review process, better outlines
standards for the installer, and reduces staff time to complete the encroachment
process.
Recommendation – Approve the blanket encroachment agreement for Town-
maintained streets as presented and recommended
A motion was made to approve items A through B on the Consent Agenda.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Gardner
MOTION RESULT: Passed Unanimously (5-0)
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ADMINISTRATIVE REPORTS
Agenda Item No. 18A: Preliminary Subdivision Plat Amendment - Carolina
Gardens, Phases 13-22, Amendment 1 - SUB-PA-2019-03
Purpose – To consider a preliminary subdivision plat amendment submitted by the
Timmons Group, called Carolina Gardens, Phases 13-22.
Staff Comments – Town Manager Mitchell entered the agenda abstract and
supporting documents for this agenda item into the official record of the Town. The
submitted preliminary subdivision, Carolina Gardens, Phases 13-22, is located at 8525
Purfoy Road on 161.1 acres in the Residential Medium Density - Conditional Zoning
District (RMD-CZD), with numerous preset conditions. The preliminary plat has been
amended due to the relocation of Fuquay-Varina Parkway, consistent with the CTP
amendment approved by the Town Board on November 4, 2019. As a result, the
amended plat includes an increase in lots from 303 to 328, as well as an increase in
open space from 39.3 acres to 40.27 acres. Town Manager Mitchell advised that the
proposed preliminary plat amendment meets all Town requirements.
Discussion – There was no discussion from members of the Town Board regarding this
matter.
Recommendation – Approve Carolina Gardens, Phases 13-22 preliminary subdivision
plat amendment, SUB-PA-2019-03, as presented and recommended.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Wunsch
MOTION RESULTS: Passed Unanimously (5-0)
Agenda Item No. 18B: On-Call Engineering Services
Purpose – To consider entering into three-year agreements with eight engineering firms
for on-call engineering services.
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 on September 30, 2019 the Town released the Request for
Qualifications (RFQ) for Engineering Services for on-call services for a three-year term.
The purpose of the on-call engineering service contracts is to streamline the
professional services selection in compliance with the Mini-Brooks Act to reduce
project schedules, meet grant funding timelines, and make staff time more efficient.
Various engineering firms were contacted by email and the RFQ was placed on the
Towns website. By October 30, 2019 the Town had received seventeen (17) Statement
of Qualifications from the following engineering firms. The following were the
recommended firms to enter the on-call services agreement: Black & Veatch, CJS
Conveyance, Freese and Nichols, Hazen and Sawyer, Highfill Engineering, Withers
Ravenel, Curry Engineering and The Wooten Company.
Management and staff recommend the Town Board authorize the Town Manager to
enter into a three year on call engineering services agreement with each of the
recommended firms, in a form acceptable to the Town Attorney as to form. The
agreement does not include scope and fees. As under previous on-call engineering
services agreements, Town management and staff will continue to bring individual
contract awards for specific projects with an agreed upon scope and fee to the Town
Board.
Discussion – There was no discussion from members of the Town Board regarding this
matter.
Recommendation – Authorize the Town Manager to enter into a three year on-call
engineering services agreement with recommended engineering firms, in the form of
an agreement acceptable to the Town Attorney.
MOTION: Commissioner Smith
SECOND: Commissioner Wunsch
MOTION RESULTS: Passed Unanimously (5-0)
******************************
OTHER BUSINESS
A. Town Manager’s Report – a brief report on the following was provided:
• Embers Christmas concert was a huge success. Thank you to Jonathan Cox
and Maureen Daly for all their hard work.
• Town Manager Mitchell, Assistant Town Manager Matthews, Jim Seymour,
Tracy Stephenson, Samantha Smith and Jay Meyers had a meeting with Wake-
Up Wake County, a non-profit that focuses on affordable housing and public
transportation.
• Town Manager Mitchell stated that this will be Planning Director Samantha
Smith’s last board meeting as she is taking a job in Pennsylvania to be closer to
her family. He thanked both Samantha Smith and her husband Brian Smith
(who works in the IT Department) for their work with the Town.
B. Project Status Report – December 2019
C. Inspections Staffing and Workload Update – (Mitchell/Matthews/Hinnant)
Assistant Town Manager reported that the Town is currently on pace to hit 743 new
single-family permits for 2019, which would exceed the previous record of 730 that
was set in 2015. Town staff projects 606 certificates of occupancy will be issued,
residential cost of construction is trending up projected at $129 million, and the
Town is seeing another good year in non-residential construction. The Town is on
track to hit 21,659 inspections for calendar year 2019, which makes it a record year
for the most inspections performed in the Town’s history and also represents a huge
workload. He stated in 2015 Town staff presented Inspections Department staffing
standards needed to keep up with the workload demand. With the drop in
workload in 2018, the town did not hire one of the two field inspection positions
that was budgeted for. Now with the upswing in workload it is recommended that
the Town fill the position, which is already included and funded in the budget.
Additionally, Town Manager Mitchell and Assistant Town Manager Matthews
advised that the fiscal year 2020 budget included hiring at mid-year Permit
Technician position. They advised that Town staff now recommends reclassifying
the Permit Technician position to a Plan Reviewer position that would have a
higher salary but is more of an immediate need. The Town Board agreed with the
recommended plan of action to hire a Plan Reviewer.
D. Christmas Tree Lighting - Downtown Fuquay-Varina - Thursday December 5, 2019 -
6:00 pm
E. Fuquay-Varina Chamber of Commerce - Christmas Parade - Downtown Fuquay-
Varina (Fuquay District) - Sunday, December 8, 2019 - 3:00 pm
F. The Nutcracker - Community Performance - Fuquay-Varina Arts Center - Friday
December 13, 2019 - 7:00 pm and Saturday December 14, 2019 - 11:00 am, 2:30
pm, 5:30 pm
G. Coffee with a Cop - FV Junior Women's Club - 620 N. Ennis Street – Monday,
December 16, 2019 - 9:30 am - 11:30 am
H. Suzy Bogguss - Swingin' Little Christmas - Fuquay-Varina Arts Center - Thursday,
December 19, 2019 - 8:00 pm
I. It's a Wonderful Life Radio Play - Fuquay-Varina Arts Center - Saturday, December
21, 2019 - 7:00 pm
J. Rev. Dr. Martin Luther King, Jr. Celebration – Cultural Arts Society of Fuquay-Varina
– January 20, 2020
*****************************
TOWN BOARD MEMBER COMMENTS
Mayor Pro-Tem Massengill thanked Planning Director Samantha Smith for all that she
has done in the last 8 years.
Commissioner Harris wished Planning Director Smith the best and he stated that he has
enjoyed working with her.
Commissioner Wunsch also thanked Planning Director Smith and stated it was great
to be an intern in her department.
Commissioner Gardner expressed best wishes to Planning Director Smith and her
family, and she stated that she will be missed.
Commissioner Smith wished Planning Director Smith the best on her new position. He
stated that he thoroughly enjoyed working part-time in her department and she will
be missed both personally and professionally.
Mayor Byrne stated that Planning Director Smith made a big difference in the Planning
Department and in the Town of Fuquay-Varina.
Mayor Byrne gave the following report on past and upcoming events as follows:
Past Events
11/20 – Proclamation at Ballentine School – National Banner Unified
Champions
11/20 – CAMPO meeting
11/21 – Interview with Suburban Living Magazine
11/22 – Jr. Woman’s Club Charity Ball
Upcoming Events
12/4 – FVDA Nominating Committee
12/5 – 12/6 – Metro Mayors Annual Meeting
12/5 – Tree Lighting – Downtown Fuquay – 6:00 pm
12/6 – Re-grand opening of McDonalds – 4:00 pm
12/6 – FV Chorale Holiday Concert - Arts Center – 7:30 pm
12/7 – FV Choral Holiday Concert – 3:00 pm
12/8 – Chamber Christmas Parade – 3:00 pm
12/13 – Nutcracker Community Performance – Arts Center – 7:00 pm
12/14 – Nutcracker Community Performance – Arts Center – 11:00 am, 2:30
pm and 5:30 pm
12/16 – Coffee with a Cop – FV Junior Woman’s Club – 9:30 – 11:30 am
******************************
CLOSED SESSION – Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege
and N.C.G.S. 143-318.11 (a) (4) - Economic Development
A motion was made to hold a closed session meeting at 11:08 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 11:52 p.m.
MOTION: Mayor Pro-Tem Massengill
SECOND: Commissioner Wunsch
MOTION RESULT: Passed Unanimously (5-0)
Adopted this the 17th day of December 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, December 02, 2019
7:00 PM
Location: 134 N. Main Street, 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
2.A Presentation of Colors and Pledge of Allegiance - Fuquay-Varina Police Department Honor
Guard
3. Other Business
3.A Deputy Town Clerk Temporary Appointment - Patricia W. Byrne - (Mitchell/Rich)
3.B Deputy Town Clerk Temporary Appointment - Mollie Stephenson - (Mitchell/Rich)
4. Relief of Duties Mayor Pro-Tem Massengill to preside.
5. Oath of Office - Mayor Mayor Byrne to resume the role of presiding officer following the Oath of Office
5.A Administration of the Oath of Office - John W. Byrne
6. Oath of Office - Commissioners
6.A Administration of Oath of Office - William H. Harris - Commissioner
6.B Administration of the Oath of Office - Marilyn B. Gardner - Commissioner
6.C Administration of the Oath of Office - Larry W. Smith - Commissioner
7. Town Board Member Comments Comments from Mayor Byrne, Commissioner Harris,
Commissioner Gardner, and Commissioner Smith
8. Election of Mayor Pro-Tem / Appointments
8.A Election of Mayor Pro-Tempore - (Byrne)
FUQUAY-VARINA BOARD MEETING
BOARD MEETING AGENDA
DECEMBER 02, 2019
PAGE 2
8.B Appointment to Town Board Committees and Other Organizations - (Byrne)
8.C Appointment of Town Advisory Boards and Committees and Chair Appointments - Planning
Board and Board of Adjustment Advisory Boards - (Byrne/Mitchell)
9. Recess The Town Board will recess for approximately 15 minutes
10. Call to Order
11. Approval of Minutes
11.A Approval of the Minutes of the November 19, 2019 Town Board of Commissioners Regular
Scheduled Meeting
12. Presentations
12.A Comprehensive Annual Financial Report (CAFR) – Fiscal Year Ending June 30, 2019 –
(Mitchell/Crabtree/April Adams)
12.B Presentation - Via Microtransit Study Update - (Mitchell/Matthews/Smith)
13. Public Comment The public is invited to address the Town Board.
14. Items Tabled From Previous Meeting
15. Public Hearing
15.A Voluntary Annexation Petition - Vivian Fish, Trustee of James William Property - 6490 Hilltop
Road, Willow Springs – PIN 0687425609 - ANX-2019-15 - (Mitchell/Matthews/Smith)
15.B Zoning Map Amendment - The Spaulding Group - 6490 Hilltop Road - PIN 0687425609 -
REZ-2019-21 - (Mitchell/Matthews/Smith)
15.C Voluntary Annexation Petition - Lynwood and Cassandra Daniel - 2507 N Main Street,
Fuquay-Varina – Portion of PIN 0677688748 - ANX-2019-16 - (Mitchell/Matthews/Smith)
16. Consent Agenda
16.A Budget Amendment - Bishop Photo - Youth Athletic Scholarship Fund Donation - Parks,
Recreation & Cultural Resources - $1,350 - BA-20-10 - (Mitchell/Matthews/Cox/Crabtree)
16.B Blanket Encroachment Agreement - (Mitchell/Matthews/Stephenson)
17. Items Removed From Consent This section is reserved for items removed from the consent
agenda for separate consideration.
18. Administrative Reports
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FUQUAY-VARINA BOARD MEETING
BOARD MEETING AGENDA
DECEMBER 02, 2019
PAGE 3
18.A Preliminary Subdivision Plat Amendment - Carolina Gardens, Phases 13-22, Amendment 1 -
SUB-PA-2019-03 - (Mitchell/Matthews/Smith)
18.B On-Call Engineering Services - (Mitchell/Meyers)
19. Other Business
19.A Manager's Report
19.B Project Status Report - December 2019
19.C Inspections Staffing and Workload Update - (Mitchell/Matthews/Hinnant)
19.D Christmas Tree Lighting - Downtown Fuquay-Varina - Thursday December 5, 2019 - 6:00 pm
19.E Fuquay-Varina Chamber of Commerce - Christmas Parade - Downtown Fuquay-Varina
(Fuquay District) - Sunday, December 8, 2019 - 3:00 pm
19.F The Nutcracker - Community Performance - Fuquay-Varina Arts Center - Friday December 13,
2019 - 7:00 pm and Saturday December 14, 2019 - 11:00 am, 2:30 pm, 5:30 pm
19.G Coffee with a Cop - FV Junior Women's Club - 620 N. Ennis Street - Friday December 16, 2019
- 9:30 am - 11:30 am
19.H Suzy Bogguss - Swingin' Little Christmas - Fuquay-Varina Arts Center - Thursday, December
19, 2019 - 8:00 pm
19.I It's a Wonderful Life Radio Play - Fuquay-Varina Arts Center - Saturday, December 21, 2019 -
7:00 pm
19.J Rev. Dr. Martin Luther King, Jr. Celebration – Cultural Arts Society of Fuquay-Varina – January
20, 2020 – (Mitchell/Smith)
20. Town Board Member Comments Mayor and Commissioners
21. Closed Session
21.A Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege and N.C.G.S. 143-318.11 (a)
(4) - Economic Development
22. Adjourn
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FUQUAY-VARINA BOARD MEETING
BOARD MEETING AGENDA
DECEMBER 02, 2019
PAGE 4
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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