NC - Zebulon: BOARD OF COMMISSIONERS

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BOARD OF COMMISSIONERS

ZEBULON BOARD OF COMMISSIONERS

AGENDA August 5, 2019

1.
PLEDGE OF ALLEGIANCE

No additional detail provided

11.
APPROVAL OF AGENDA

No additional detail provided

111. PUBLIC COMMENT PERIOD All wishing to speak must sign up prior to 6:50pm. The comment period will be no longer than 15 minutes with speakers having three minutes each to speak. No speaker can speak on a public hearing item or any item that would need to be discussed under closed session. Speakers cannot give their minutes to another speaker.

Tagged Passions:hearing

lv. PUBLIC HEARING A. SC 2017-01 Eddins Street

No additional detail provided

Tagged Passions:streets and hearing

v.
CONSENT A. Minutes

No additional detail provided

1.
May 13, 2019 Joint Public Hearing 2. May 22, 2019- Work Session 3. May 30, 2019 Work Session 4. June 3, 2019 Regular Meeting 5. June 10, 2019 Joint Public Hearing

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B.
Finance 1. Monthly Items

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a.
Tax Report April 2019 b. Financial Report as of July 22, 2019 c. Budget Amendment Rollovers

Ordinance 2020-02 Wellness Program Ordinance 2020-06 Zebulon Night Out Ordinance 2020-08 Tornado Clean-up

Tagged Passions:ordinance, finance, budget, taxes, Taxes, program, and financial report

i.
ii.

No additional detail provided

iii.
iv.

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v.
vi.

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vii.
viii.

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x.
xi.

Ordinance 2020-01 Parks and Rec Grounds Maintenance Ordinance 2020-03 Parks and Rec Part-time salaries Ordinance 2020-04 Farmers Market Ordinance 2020-05 Shop with a Cop Ordinance 2020-07 Planning Travel and Training Ordinance 2020-09 Town Hall 1200 AMP GFCI Ordinance 2020-10 Little River Master Plan Ordinance 2020-11

Tagged Passions:planning, ordinance, market, agriculture, travel, training, watershed, parks, and farmers market

- Fire Station P.E.R.

Tagged Passions:fire departments and districts

Ordinance 2020-13 Professional Services Ordinance 2020-14 Street Resurfacing

Tagged Passions:ordinance, streets, and services

VI.
VII.

No additional detail provided

xii.
xiii.

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xiv.
xv.

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xvi.
xvii.

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xviii.
xix.

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xx.
Ordinance 2020-15 Ordinance 2020-16 Ordinance 2020-17

Ordinance 2020-

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Ordinance 2020-12 Sidewalk/Handicap Ramp Maintenance

Sanitation GPS vehicles Streets Computers
Tagged Passions:ordinance, streets, solid waste, computers, and Pedestrian

Storm Drainage Maintenance Ordinance 2020-18 Administration/HR/IT

Tagged Passions:ordinance and stormwater

19
Board Travel and Training Ordinance 2020-20 Police Station Masonry Repair

No additional detail provided

Tagged Passions:ordinance, travel, public safety, and training

C.
Planning 1. Faqade Grant Policy Revision

No additional detail provided

Tagged Passions:planning, grant, and policy

D.
Administration I. Quarterly Report for Planning, Fire Department, and Public Works

OLD BUSINESS A. Planning

Tagged Passions:planning, business, fire departments and districts, Public Works, and public works

1.
u 2019-05 2. RZ2019-06

NEW BUSINESS A. Administration Sidney Creek Weavers Ridge 1. Business Retention and Expansion Program Agreement 2. Board Appointments 3. Personnel Policy Amendments

Tagged Passions:business, expansion, appointments, personnel, program, and policy

a.
Maternity/Paternity Leave

No additional detail provided

B.
Fire 1. Fire Truck Funding Agreement with Wake County

No additional detail provided

Tagged Passions:funding, fire departments and districts, and transportation

a.
Ladder Truck Funding Agreement b. Pumper Truck Funding Agreement

No additional detail provided

Tagged Passions:funding and transportation

2.
Radio Interoperability Solution a. Ordinance 2020-21

No additional detail provided

Tagged Passions:ordinance and radio

C.
Planning 1. SC 2017-01 Eddins Street

No additional detail provided

Tagged Passions:planning and streets

a.
Resolution 2020-01

D. Public Works 1. Streetscape Match Grant Request Preservation Zebulon 2. Beaverdam Creek Greenway NCDOT/CMAQ grant agreement

Tagged Passions:grant, streets, streetscape, parks, Public Works, public works, and preservation

a.
Ordinance 2020-22

No additional detail provided

Tagged Passions:ordinance

VIII.
BOARD COMMENTS

MANAGER'S REPORT ZEBULON NORTH CAROLINA STAFF REPORT PUBLIC HEARING

Tagged Passions:hearing and manager

RIGHT OF WAY ABANDONMENT sc 2017-01

Topic: SC 2017-01 Eddins Street Speaker: From:

Prepared b Approved y:
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Michael J. Clark, AICP, CZO, Planning Director Michael J. Clark, AICP, CZO, Planning Director Michael J. Clark, AICP, CZO, Planning Director Joseph M. Moore II, PE, Town Manager

No additional detail provided

Tagged Passions:planning and manager

Executive Summary: The Board of Commissioners will consider whether or not to adopt a resolution for the right-of-way abandonment of Eddins Street.

Tagged Passions:streets

Background: The applicants initially proposed the closure of Eddins Street in January 2017 and in accordance with North Carolina General Statutes S160A-299 the council adopted resolution 2017-12 declaring its intent to close the street or alley and called a public hearing on the question. During the public hearing, the commission expressed concerns about the potential creation of a land locked parcel. The applicant has since provided an agreement to close the street, but create an access easement that would allow for perpetual access to the adjacent parcels through the Church Parking Lot and utility easements.

Tagged Passions:council, boards and commissions, streets, utility, Utility, church, property, hearing, easement, and parking

Staff Recommendation: Based on the documentation, staff recommends opening the public hearing to seek input from the general public.

Tagged Passions:hearing

Attachments: 1.

No additional detail provided

2.
3.

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4.
5.

No additional detail provided

Right of Way Abandonment Application for SC 2017-01 April 3, 2017 and May 1, 2017 Board of Commissioner Meeting Minutes Resolution 2017-12 NCGS S160A-299 Proposed Agreement

APPLICATION FC Right-of-Way Abandonment STATE OF NORTH CAROLINA COUNTYOF WAKE

TO THE MEMBERS OF THE BOARD OF COMMISSIONERS OF ZEBULON. WAKE COUNTY, NORTH CAROLINA

No additional detail provided

WAKEFIELD CENTRAL BAPTIST CHURCH Name of Petitioner

Petition and requests that (a ponion or all 00.
Tagged Passions:church

respectfullv files this

Eddins Street as shmsn on plat recorded in Book of Maps 1918. Page 75. Wake County Registry Official name of street or location of alley lying west of Proctor Street (SR 2320), north of property owned by Connie Pearce and_Wakelon Homeowners Association and east and south of property owned by Wakefield Central Baptist Church. General description or location as shown on the map attached hereto and made a part hereof marked Exhibit A , be closed and abandoned in accordance with the provisions of Chapter 160A, Section 299. subsection (a) of the General Statutes of North Carolina. In support of this Petition, your petitioner respectfully alleges that: l. The Petitioner's existino as halt arkino iot nota extends into the right of Eddins Street and the Petitioner is planning an expansion of its current facilities adjoining Eddins Streel which will require a further expansion of its parking tacilities into the current right of way of Eddins Street. The dedication of Eddins Street has been withdrawn pursuant to N.C.G.S. 139-96 by a Declaration Withdrawing Dedication
Tagged Passions:planning, expansion, streets, zoning, church, property, and parking

of Streets Pursuant to N.C.G.S 139-96 recorded in Book 015552. Page 01058- Wake County Registry (Copv of declaration is attached hereto as Exhibit C ).

Give reason for requested closing
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2.
The closing of Eddins Street street is not contrary to the public interest

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3.
No individual, partnership or corporation 0SAning property in the vicinity of Eddins street or in the subdivision in which it is located will be deprived of Reasonable means of ingress or egress to his or her property by vinue oftheclosino.

4. The street (or portion thereof) which petitioner requests be closed and abandoned is more particularly described in Exh )it B , attached hereto and made a partihereof.

Tagged Passions:streets, subdivision, and property

Wherefore, petitioner respectfully requests the Board of Commissioners of the Town of Zebulon consider this Petition and set the time for public hearin u o his matter as required by law.

No additional detail provided

Respectfully submiued the

Signature of Petitioner

day of March, 2017

WAKEFIELD CEN AL BAPTIST CHURCH BY: ich Weeks Attorn y for the Petitioner Post Office Box 1097, Zebulon, NC 27597 Telephone: (919) 269-9626 Page 4 of APPLICATION FC Right-of-Way Abandonment We, the undersigned property owners. owning land abutting the street or alley shown on the attached map, bereb> petition the Zebulon Board of Comtuissioners to close and withdraw acceptance ofdedication of such land street purposes. The parcel identification numbers below to parcels as on the attached Parcel Identification Number : Connie Pearce
Tagged Passions:streets, church, and property

e
u on

Signatures) Parcel Identification Number: 270601 1950 Property onme earce

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Citv e u on

Signature(s) Road frontage Deed) Staitu ort 150 feet - 8124 eet Property Owner(s)' a on Mailing
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City. Z bu on

Signature(sy own )omes

10
way

omeowners Road frontage from Deed'. ssoclatlon State Parcel Identification Number: 1796917959 Road frontagc (from Deedb 424.56
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Property Ov.ner(s)

Mailing Address
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City e u on

Signatur+). tor entra apust treet urc Staw O aro ma Pa rcei Identification Number: Property Osvner(9 Maihng Address: City. Signature(s).
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Road frontage (from Deed)'

State

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Date of Map July 20- 2016

Zip: Zip Page 6 of PROCTOR STREET SR 2320
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0
PROCTOR S EET

O UJw

0
0 00 a-

00
0 OH 000 Oz WY UJmm m m O O cry < O

R/W

00 c: Cower Line 30.00 30.00---./4 1.3 0' PUBLIC
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31.
S70

34.52 N69054'19 w .SG6'13'25 E

10
WAKELON TOWNHOMES HOMEOWNERS ASSOCIATION DB. 11935. PG. 1569

O z oO Z W.C. Pin 2706012606 EXHIBIT B The BEGINNING POINT is an existing iron pipe located North 19 deg. 53 01 West 1,551.23 feet from NCGS Station WAKEFIELD X RD runs thence from the BEGINNING POINT along the property line of Wakefield Central Baptist Church (DB 15634, P. 2561)North 69 deg. 54' 19 West 34.52 feet to an existing iron pipe; runs thence along the property line of Wakefield Central Baptist Church (DB 15532, P. 0228) North 19 deg. 57' 03 East 30.02 feet to an existing iron pipe and North 69 deg. 50' 01 West 30.00 feet to an existing iron pipe; runs thence along the property line of
Tagged Passions:church and property

Wakefield Central Baptist Church (DB 04233, Page 0784)North 19 deg. 54' 43 East 330.02 feet to an existing iron pipe in the West right-of- way line of Proctor Street (SR 2320); runs thence along the West right- of-way line of Proctor Street South 70 deg. 09' 35 East 30.00 feet to an existing iron pipe and South 66 deg. 13' 25 East 31.13 feet to an existing iron pipe; runs thence along the property line of Connie Pearce (DB 4113, P. 595 and DB 11628, P. 2163) South 19 deg. 17' 00 West 300.00 feet to an existing iron pipe; runs thence along the property line of Wakelon Townhomes Homeowners Association (DB 11935, P. 1569) South 19 deg. 46' 11 West 58.24 feet to the BEGINNING POINT, and being Tract 1, Tract 2 and Tract 3 as shown on that map by Robert G. Williams, Professional Land Surveyor, PLLC, dated 7-20-16 entitled Right-of-Way Abandonment for Eddins Street, Town of Zebulon, Wake Co., Zebulon, North Carolina .

03173759.description BK015552PGC1058 Prepared by/mail to: J. Michael Weeks Attorney at Law PO Box 1097 Zebulon, NC 27597 NORTH CAROLINA WAKE COUNTY
Tagged Passions:legal, streets, church, and property

EXHIBIT c COUNTY, NC 174 LAURA H RIDDICK REGISTER OF DEEDS PRESENTED 8 RECORDED OH eyne e14 AT

No additional detail provided

BOOK:e15552 PAGE: I S8 - eae7e

No additional detail provided

DECLARATION WITHDRAWING DEDICATION OF STREETS PURSUANT ro N.C.G.S. 136-96

THIS DECLARATION is adopted by WAKEFIELD CENTRAL BAPTIST CHURCH, a North Carolina Nonprofit Corporation, with its principal office at 308 Proctor Street, Zebulon, NC 27597; CONNIE M. PEARCE of400 Proctor street, Zebulon, NC 27597; WAKELON TOWNHOMES HOMEOWNERS ASSOCIATION, a Nonh Carolina Nonprofit Corporation, with its principal office at 13037 NC 39 Highway, Zebulon, NC 27597; STEPHEN JORDAN PROPERTIES, L.L.C., a North Carolina Limited Liability Company with its principal office at 2645 Jack Mitchell Road, Zebulon, NC 27597; JULIA M. HICKS of 1620 N. ArendelJ Ave. (PO Box

Tagged Passions:streets and church

576), Zebulon, NC 27597; and GLORIA ANN LANGSTON of214 Proctor street, Zebulon, NC

27597, hereafter collectively referred to as the Declarants ;

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WI+ ESSETH:

WHEREAS, R. J. Whitley and others (the Dedicator ) caused to be recorded in Book of

Maps 1918, Page 75, Wake County Registry, a map entitled Map of Proctor Land, Wakefield,

North Carolina dated November 1919 (hereafter the Wakefield Plat ); WHEREAS, the Wakefield Plat offered for dedication several parcels of land for public and/or private use as a road, highway, street or avenue including those parcels shown as Moore BKC15552PGC1059 Page 2 of 12 Street , Eddins Street , Un-named and Un-opcned 60' R/ W extending from the right of way of Proctor Street to the right of way of N C 96 Hwy and Un-named and Un-Opened 60' RJW located on the Stephen Jordan Properties, LLC (D.B. 13544, PG 1490) , all as shown on the Plat recorded in
Tagged Passions:streets, zoning, and property

Book of Maps 2013, Page 1472, Wake County Registry (hereafter collectively referred to as the

Abandoned Streets ); WHEREAS, more than 15 years have elapsed since the recording of the Wakefield Plat; WHEREAS, the Abandoned Streets have not been open for public or private use for the past
Tagged Passions:streets and zoning

15
years;

WHEREAS, the Declarants are the owners of those certain tracts or parcels of land more particularly described in the schedule attached hereto as Exhibit l ; WHEREAS, the Declarants derive their title and claim to the land described in Exhibit from the Dedicator; WHEREAS, the Declarants are the owners of all of the tracts of land subject to or abutting the Abandoned Streets; WHEREAS, the Declarants have resolved that it is in their mutual interest to withdraw the

Tagged Passions:streets and property

dedication of the Abandoned Streets from public or private use pursuant to the provisions of North

Carolina General Statute Section 136-96; and, WHEREAS, the use of the Abandoned Streets is not necessary to afford convenient ingress or egress to the Declarants' land or to any lot or parcel of land heretofore conveyed by the Dedicator or the Dedicator's successor in title;
Tagged Passions:streets and property

NOW, IYEREFORE, the Declarants, acting pursuant to and as authorized by North Carolina

General Statute Section 136-96, do declare that those parcels shown as Moore Street , Eddins Street , Un-namcd and Un-opcned 60' R.JW extending from the right of way of Proctor Street to the right of way of N C 96 Hwy and Un-named and Un-Opened 60' R/W located on the Stephen
Tagged Passions:streets, zoning, and property

Jordan Properties, LLC (D.B. 13544, PG 1490) , all as shown on the Plat recorded in Book of Maps

2013, Page 1472, Wake County Registry (herein collectively referred to as the Abandoned BK015552PGC1060 Page 3 of 12 Streets ); are hereby withdrawn from the public or private uses to which such parcels were offered for dedication by the recording of the Wakefield Plat. IN TESTIMONY WHEREOF, the Declarants have hereunto affixed their hands and seals or authorized this Declaration to be executed in the name of their corporation or limited liability

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company effective this 1 5th day of November, 2013,

(SIGNATURES AND NOTARY CERTIFICATES ON FOLLOWING PAGES) BKC15552PC01061 Page 4 of 12 By: North Carolina Franu County

IELD CENTRAL BAPTIST CHURCH

Pre 'dent 1, CaCl CRone , a notary public of the aforesaid County and State, do hercby Raymond C. appeared before me and acknowledged the execution of thecertify that
Tagged Passions:church

foregoing Declaration withdrawing Dedication of Streets pursuant to N.C.G.S. 136-96 as President

for and on behalfofthe WAKEFIELD CENTRAL BAPTIST CHURCH, a North Carolina Non- Profit Corporation. This l kday of Nos mber, 2013. Cova Notary Public gail C- Lone (Print name) My commission expires: Ip- I a-
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Seal or Stamp) e.seo

BKC15552PG01062 North Carolina County l, Page 5 of 12

Connie M. Pearce (SEAL)

No additional detail provided

a
Notary Public for the aforesaid County and State,

do hereby certify thal CONNIE M. PEARCE did appear before me and acknowledged the execution of the foregoing Declaration withdrawing Dedication of Streets pursuant to N.C.G.S. 136-96. This _Z_Y day of ublicNot (Print name)

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My commission expires: / 7.14

uro r / e l or Stamp) 4K015552PGOlOS3 Page 6 of 12 WAKEFIELD TOWNHOMES HOMEOWNERS ASSOCIATION President Nort Carolina County

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public of the aforesaid County and State. do hereby l,

certify that appeared before me and acknowledged the execution of the

foregoing Declaration withdrawing Dedication of Streets pursuant to N.C.G.S. 136-96 as President

for and on behalf ofthe WAKEFIELD TOWNHOMES HOMEOWNERS ASSOCIATION, a North Carolina Non-Profit Corporation. This oz day of My commission expires:
Tagged Passions:boards and commissions and streets

(Affix Notary Seal or Stamp)

mm.

02014 Notary Public (Print name)

30
B K015552PG01064

Page 7 of 12 STEPHEN JORDAN PROPERTIES, L.L.C. By: Member-Manager North Carolina COUnty a notary public of the aforesaid County and State, do hereby ppeared before me and acknowledged the execution of thecertify that

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foregoing Declaration withdrawing Dedication of Streets pursuant to N.C.G.S. 136-96 as Member-

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Manager of STEPHEN JORDAN PROPERTIES, L.L.c., a North Carolina Limited Liability

Company. pac December This day of-November, 2013. PATSY ROWE NOTARY PUBLIC FRANKLIN COUNTY, N.C. My Commisom My commission expires:
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(Affix Notary Seal or Stamp)

Notary Public (Print name) BK015552PG01065 North Carolina County l, Page 8 of 12 SEAL) ulia M. Hicks

, a Notary Public for the aforesaid County and State,

do hereby certify that JULIA M. HICKS did appear before and acknowledge the execution of the

foregoing Declaration withdrawing Dedication of Streets pursuant to N.C.G.S. 136-96.

This _leay 2013. -901SMy commission expires:
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(AfTIX Notary Seal or Stamp)

PUBLIC Notary Public (Print name) BKC15552PG01066 North Carolina n County l, gai I Page 9 of 12

Gloria Ann Lang on (SEAL)

, a Notary Public for the aforesaid County and State,

do hereby certify that GLORIA ANN LANGSTON did appear before and acknowledge the

execution of the foregoing Declaration withdrawing Dedication of Streets pursuant to N.C.G.S. 136-

Dec e m be This day of November, 2013. Notary Public
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( C. Cone (Print name)

My commission expires:

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( PczStamp)

. o o TAR)J..

No additional detail provided

1
Page 10 of 12

EXHIBIT I CENTRAL BAPTIST CHURCH Tract 1: PIN 2706020163 Tract 2: PIN 1796919970 Tract 3: PIN 1796916944 Tract 4: PIN* 1796927136 Tract 5: PIN 1796916944 Tract6 PIN 1796919875 Being all of Tract l, Tract 2, Tract 3, Tract 4, Tract 5 and Tract 6 as shown on that Plat ofa survey by Robert G. Williams, Professional Land Surveyor, PLLC entitled Combination survey for Wakefield Central Baptist Church, Town of Zebulon, Wake County, North Carolina recorded in Book of Maps 2013, Pagc 1472, Wake County Registry.
Tagged Passions:zoning and church

(B) M. PEARCE

Parcel l: PINH 270602204 Parcel 2: PIN 2706011950 Parcel 1:

Tagged Passions:property

FIRST TRACT: A portion of that certain lot or parcel of land in the Village of Wakefield in Square 23 as shown by map and survey of A. W. Shaffer dated May 1889, and described as follows: BEGINNING at a point 100 feet from Franklin Street, the northwest corner of Square No, 23, thence easterly along the South side of Proctor Street 32.9 2 feet to T. L. Honeycutt's line, now' . or formerly; thence South along said Honeycutt's line 170 feet to a point; thence westerly and parallel to Proctor Street 32.92 feet; thence northerly and parallel to Franklin Street 170 feet to the point and place of beginning, being a portion ofthe First Tract conveyed to J. R. Alford and wife by deed recorded in Book 1771, Page 310, Wake County Registry.

Tagged Passions:streets and property

SECOND TRACT: That certain lot or parcel of land in the Village of Wakefield in Square 23 as shown by map and survey of A. W. Shaffer dated May 1889, and described as follows: BEGINNING at the northwest corner of Square No. 23 on Proctor Street, thence easterly along South side of said street 9 2.28 feet; thence southerly and parallel to Franklin Street 170 feet to a point; thence westerly and parallel to Proctor Street 92.28 feet to Franklin Street; thence northerly along the Easl side of Franklin Street 170 feet to the point of beginning, being a portion of the Second Tract deeded to J. R. Alford and wife by deed recorded in Book 1771, Page 310, Wake County Registry.

Parcel 2:
Tagged Passions:streets and property

Beginning at an iron in the eastern right of way of Eddins St. at the comer of the Wakelon Townhomes property, thence running with the line of Eddins St., North 190 17' 00 East 130.00 feet to an iron in Roy Pearce's comer; thence with Pearce's line, South 700 47 15 East 132.13 feet to an iron; thence South 190 14' 06 West 130.00 feet; thence with Wakelon's line, North 700 47' 15 West 132.24 feet, to the beginning, and containing .0394 acre, more or less, according to a survey of the property of the Roslyn H. Alford heirs properly by Robert G. Williams, dated May 25,2005.

BK015552PG01068 Page 11 of 12

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(C) Ouner-WAKELON TOWNHOMES HOMEOWNERS ASSOCIATION, INC.

PJN 2706012606 BEING all of the '*Amenities , Association Common Property and Association Common Area of Wakelon Townhomes, as such is defined, described and referenced in Article I of Declaration of Covenants, Conditions and Restrictions for Wakelon Townhomes recorded in Book 10895, Page 1908, Wake County Registry, and as shoven and referenced on map recorded in Book of Maps 2004, Page 070, Wake County Registry and re-recorded in Book of Maps 2004, Page 5 1 9, Wake County Registry, including, without limitation, utility easements, private right of way easements and common area as shown on the referenced plats. (D) Owner-STEPHEN Tract 1: PIN 179616714 Tract 2: PIN 1796918469 BEING all of Tracts I and 2 as said tracts are shown on map recorded in Book of Maps 2005, Page 2269, Wake County Registry. (E) Owner-JULIA M. HICKS PIN 1796922199

Tagged Passions:utility, Utility, zoning, property, and easement

BEGINNING at an iron stake at the intersection of the northem right-of-way tine of North Carolina Highway 96 with the eastern right-of-way line of SR 2368, and runs thence with the eastem right- of-way line of SR 2368 North 240 17 East 160.76 feet to an existing iron stake at the southwestern comer of Mrs. Otis Hicks; runs thence South 700 02 East 185.00 feet to an iron stake in the line of Cunningham; runs thence with the line of Cunningham South 700 02' East 39.20 feet to an existing iron stake in the line of Bobbitt; runs thence with the line of Bobbitt South 190 41 ' West 50.00 feet to an iron stake; runs thence with the line of Bobbitt South 700 02 East 47.42 feet to an iron stake; runs thence with a new line for Hendricks South 520 30' West 245.85 feet to an iron stake in the northern right-of-way line of North Carolina Highway 96 ; runs thence with the northern right-of- way line of North Carolina Highway 96 North 370 30' West 100.00 feet to an iron stake; runs thence with the northern right-of-way line of North Carolina Highway 96 North 370 30' West 80.00 feet to the point of beginning, being all of Lots 1 and 2 and a portion of Lot 5 of Section J of the R. F. Hendricks Subdivision in Wakefield, North Carolina, as shown by survey and map of Harold B. Mullen, R.L.S., dated 9-30-71, and entitled Property Survey for Nathan Phillip Hicks, Little River Township, Wake County, N. C.

(F) Owner-GLORIA ANN LANGSTON PIN 1796925286

Tagged Passions:subdivision, watershed, and property

First Parcel:

BEGINNING at a point where the center line of Proctor Street Intersects the center line of an unnamed street, said unnamed street being parallel to and the next street west of Franklin Street as shown on the map referred to below and sometimes called Foster Street; thence along the center line of Proctor Street, north 66 deg. 30 minutes west 125 feet to a point; thence south 23 BK015552PG01069 Page 12 of 12 deg. 30 min. west, 180 feet to' a point; thence south 66 deg. 30 min. east, 125 feet to the center of said unnamed street; thence along the center of said unnamed street, north 23 deg. 30 min. east, 180 feet to the point of beginning and being a part of Lot or Tract No. 16, as shown on that certain map entitled, Proctor Land, Owned by R. J. Whitley, made November, 1919, R. I. Pool, C. E., recorded in Book of Maps 1918, Page 75 Office of the Register of Deeds for Wake County, North Carolina.
Tagged Passions:streets and property

Second Parcel:

Being all of Lot 6 and part of Lot 5 in Section J of the Hendricks Subdivision as shown by map and survey recorded in Book of Maps 1960, Page 77 Wake County Registry and being the Second Tract described by deed of trust recorded in Book 1 541, Page 145, Wake County Regis Board of Commissioners Minutes
Tagged Passions:subdivision and property

Mayor Matheny stated that currently it was serving no purpose. Chris Ray stated that they were planning for the future and trying to maximize grant dollars. Mayor Matheny asked if they could look at it again when the grant came in. Chris stated that they could. Mayor Matheny asked if it would be bid as an alternate and Chris said that they could.

No additional detail provided

Tagged Passions:rfp, planning, RFP, and grant

Commissioner Bumgamer made a motion, second by Commissioner York to approve Resolution 2017- 13. There was no discussion and the motion passed unanimously.

Beaverdam Creek Greenway Phase I Engineering Contract Chris Ray presented the engineering contract from Kimley Horn for the design of the project. Kimley Horn had completed 25 greenways in the last several years; the contract was a 14 month contract for design and permitting. The attomey's had reviewed the contract and approved what was being presented.

Tagged Passions:contract and parks

Commissioner Beck made a motion, second by Commissioner Clark to approve the engineering contract for Kimley Horn. There was no discussion and the motion passed unanimously.

No additional detail provided

Tagged Passions:contract

C.
Planning SC 2017-01 Right of Way Abandonment Julie Spriggs presented that they needed to set a date for a public hearing if the Board wanted to show that they were interested in closing Eddins Street behind Wakelon Townhomes.

No additional detail provided

Tagged Passions:planning, streets, and hearing

Resolution 2017-12 would set the date for the public hearing to May 1, 2017 meeting and did not tie the Board to approval of the request to close Eddins Street.

No additional detail provided

Tagged Passions:streets and hearing

Commissioner Beck made a motion, second by Commissioner Strickland to approve Resolution 2017-12. There was no discussion and the motion passed unanimously.

BOARD COMMENTS No Board Comments. MANAGERS REPORT

Tagged Passions:manager

Joe Moore stated that there would be a worksession on April 1 9; the budget would be presented on May 1, 2017. Recycling day would be on April 8 in the parking lot of the Municipal Complex.

Commissioner Strickland made a motion, second by Commissioner Clark to adjourn. There was no discussion and the motion passed unanimously. atheny MayorDate OF zee SEAL rtS. MarLisa

Tagged Passions:budget, recycling, and parking

-4- and, CM Town Clerk

Board of Commissioners Minutes PUBLIC COMMENT PERIOD There was no one who wished to speak PUBLIC HEARING

Tagged Passions:hearing

A.
SC 2017-01 Street Closing Request to Close Eddins Street Julie Spriggs presented that there was a request from Wakefield Central Baptist Church to close a 60' right of way that ran along the southern border of the church and behind the Pearce property.

No additional detail provided

Tagged Passions:streets, church, and property

Julie shared that there was a possibility that a parcel could end up being landlocked with the closure of the right of way as well as an issue with interconnectivity. There was a water and sewer easement that the City of Raleigh needed since those lines were within the right of way.

There were two options and one was to not close the alley or to table the case to give the applicant the opportunity to answer questions with the landlocked properties and the utility issues. Mayor Matheny asked who owned the landlocked properties. Julie stated it was Connie Pearce and the Pearce heirs owned three parcels along the right of way. It was possible that they could recombine the parcels and allow for the drive to continue being the access to those properties. Julie explained that they could not land lock a property and that was why they would need to combine the parcels to address that problem. Julie also said that if the Board closed the right of way 30' would go to the church and 30' would go to the Pearce property owners. Commissioner Beck asked why an access easement could not be put along the Pearce property. Julie stated that it did not make sense to close a right of way only to require an access easement for those properties. If that was the case it would be best to not close the right of way.

Tagged Passions:sewer, streets, utility, Utility, water, church, property, and easement

Mayor Matheny asked if there was anyone who wished to speak on the case.

No additional detail provided

Ray Fulghum stated he was a member of Wakefield Central Baptist Church and said that he thought the right of way was an eye sore and did not think that the Town would ever open the right of way for use and that was why it needed to be closed. Mr. Fulghum said that the properties would not be landlocked since they would have access from the drive which would be located on the church property.

Tagged Passions:church and property

Mayor Matheny asked if there was anyone else who wished to speak. There were none.

Mayor Matheny declared the public hearing closed. CONSENT

Tagged Passions:hearing

A.
Minutes Commissioner Clark made a motion, second by Commissioner Bumgamer to approve the minutes of April 3, 2017. There was no discussion and the motion passed unanimously.

-2- Board of Commissioners Minutes

Commissioner Clark made a motion, second by Commissioner Bumgamer to approve the minutes of the April 10, 2017 joint public hearing. There was no discussion and the motion passed unanimously.

No additional detail provided

Tagged Passions:hearing

B.
Finance

No additional detail provided

Tagged Passions:finance

Commissioner Clark made a motion, second by Commissioner Bumgarner to approve the tax report for February 2017. There was no discussion and the motion passed unanimously.

No additional detail provided

Tagged Passions:taxes and Taxes

Commissioner Clark made a motion, second by Commissioner Bumgamer to approve the financial statements. There was no discussion and the motion passed unanimously.

No additional detail provided

Tagged Passions:finance and financial report

Commissioner Clark made a motion, second by Commissioner Bumgamer to approve the quarterly reports. There was no discussion and the motion passed unanimously.

OLD BUSINESS

Tagged Passions:business

A.
Planning SC 2017-01 Street Closure Request of Eddins Street Julie Spriggs reviewed the two options before the Board.

No additional detail provided

Tagged Passions:planning, streets, and street closure

Mayor Matheny asked the Board if there was anyone on the Board that was opposed to closing Eddins Street. Mayor Matheny stated that the water and sewer easement had to be protected and staff was directed to talk with the landowners to see if they wanted an easement or to recombine the properties. Julie said that staff wanted to make sure the Board was in favor prior to getting into discussions with the property owners.

No additional detail provided

Tagged Passions:sewer, streets, utility, Utility, water, property, and easement

Text Amendments Ordinance 2017-18 Solar Farm Text Amendments Julie Spriggs presented the highlights of the proposed changes to the ordinance.

Kenny Waldroup with the Planning Board stated that they were recommending approval of the proposed changes.

Tagged Passions:planning, ordinance, and agriculture

Commissioner Beck made a motion, second by Commissioner Bumgarner to approve ordinance 2017-18. There was no discussion and the motion passed unanimously.

No additional detail provided

Tagged Passions:ordinance

Wake Transit Master Participation Agreement Mackenzie Day made a brief presentation and introduced Toby Hampson to discuss the participation agreement and the various entities that were a part of the agreement.

Toby Hampson stated that the agreement provided the structure for Wake County Transit planning going forward. It also provided a voice to Zebulon in the program for transit planning.

-3-

Tagged Passions:planning and program

RESOLUTION 2017-12 Resolution of Intent to Permanently Close Street

In accordance with G.S. 160A-299

Tagged Passions:streets

WHEREAS, at a meeting of the Board of Commissioners of the Town of Zebulon on April 3, 2017 a request was presented by Michael Weeks, representing Wakefield Central Baptist Church, that petitioned for the closing of an unopened alley right-of-way on the south side of Proctor Street between 308 and 400 Proctor Street; and

WHEREAS, the portion sought to be closed is described in the attached metes and bounds description and shown on the attached map; and WHEREAS. the alley sought to be closed is not within the street system of the North Carolina Department of Transportation nor on the Thoroughfare Plan map of the Town of Zebulon: and NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE TOWN OF ZEBIJLON:
Tagged Passions:streets, transportation, and church

l.
2.

No additional detail provided

3.
4.

No additional detail provided

5.
That the Board of Commissioners of the Town of Zebulon declares its intent to close the aforesaid street.

That the Board calls for a public hearing to be held at its regular meeting on May l. 2017 in the Zebulon Council Chambers, 1003 N. Arendell Avenue at 7:00 p.m. regarding the intended closing of the street. Directs that this resolution be published once a week for four successive weeks prior to the public hearing. Ihat the notice be prominently posted in at least two places along said street. That a copy of this resolution be sent by certified mail, return receipt requested, to all owners of property that adjoins this street as shown on the Wake County Tax Records.

Tagged Passions:streets, taxes, Taxes, property, and hearing

Adopted this the 3rd day of April, 2017.

0<44 SEAL CAR Robert S. M theny Mayor a Lisa Markland, CMC Town Clerk

160A-299. Procedure for permanently closing streets and alleys. (a) When a city proposes to permanently close any street or public alley, the council

shall first adopt a resolution declaring its intent to close the street or alley and calling a public hearing on the question. The resolution shall be published once a week for four successive weeks prior to the hearing, a copy thereof shall be sent by registered or certified mail to all owners of property adjoining the street or alley as shown on the county tax records, and a notice of the closing and public hearing shall be prominently posted in at least two places along the street or alley. If the street or alley is under the authority and control of the Department of Transportation, a copy of the resolution shall be mailed to the Department of Transportation. At the hearing, any person may be heard on the question of whether or not the closing would be detrimental to the public interest, or the property rights of any individual. If it appears to the satisfaction of the council after the hearing that closing the street or alley is not contrary to the public interest, and that no individual owning property in the vicinity of the street or alley or in the subdivision in which it is located would thereby be deprived of reasonable means of ingress and egress to his property, the council may adopt an order closing the street or alley. A certified copy of the order (or judgment of the court) shall be filed in the office of the register of deeds of the county in which the street, or any portion thereof, is located. (b) Any person aggrieved by the closing of any street or alley including the Department of Transportation if the street or alley is under its authority and control, may appeal the council's order to the General Court of Justice within 30 days after its adoption. In appeals of streets closed under this section, all facts and issues shall be heard and decided by a judge sitting without a jury. In addition to determining whether procedural requirements were complied with, the court shall determine whether, on the record as presented to the city council, the council's decision to close the street was in accordance with the statutory standards of subsection (a) of this section and any other applicable requirements of local law or ordinance. No cause of action or defense founded upon the invalidity of any proceedings taken in closing any street or alley may be asserted, nor shall the validity of the order be open to question in any court upon any ground whatever, except in an action or proceeding begun within 30 days after the order is adopted. The failure to send notice by registered or certified mail shall not invalidate any ordinance adopted prior to January 1, 1989.
Tagged Passions:ordinance, council, legal, streets, taxes, Taxes, transportation, subdivision, procedure, property, hearing, Jury, judge, jury, and court

(c) Upon the closing of a street or alley in accordance with this section, subject to the provisions of subsection (f) of this section, all right, title, and interest in the right-of-way shall be conclusively presumed to be vested in those persons owning lots or parcels of land adjacent to the street or alley, and the title of such adjoining landowners, for the width of the abutting land owned by them, shall extend to the centerline of the street or alley.

The provisions of this subsection regarding division of right- of-way in street or alley closings may be altered as to a particular street or alley closing by the assent of all property owners taking title to a closed street or alley by the filing of a plat which shows the street or alley closing and the portion of the closed street or alley to be taken by each such owner. The plat shall be signed by each property owner who, under this section, has an ownership right in the closed street or alley. (d) This section shall apply to any street or public alley within a city or its extraterritorial jurisdiction that has been irrevocably dedicated to the public, without regard to whether it has actually been opened. This section also applies to unopened streets or public alleys that are shown on plats but that have not been accepted or maintained by the city, provided that this section shall not abrogate the rights of a dedicator, or those claiming under a dedicator, pursuant to G.S. 136-96. (e) No street or alley under the control of the Department of Transportation may be closed unless the Department of Transportation consents thereto. G.S. 160A-299 Page 1 (f) A city may reserve a right, title, and interest in any improvements or easements within a street closed pursuant to this section. An easement under this subsection shall include utility, drainage, pedestrian, landscaping, conservation, or other easements considered by the city to be in the public interest. The reservation of an easement under this subsection shall be stated in the order of closing. The reservation also extends to utility improvements or easements owned by private utilities which at the time of the street closing have a utility agreement or franchise with the city.
Tagged Passions:streets, utility, Utility, zoning, transportation, Conservation, property, Pedestrian, easement, and stormwater

(g) The city may retain utility easements, both public and private, in cases of streets withdrawn under G.S. 136-96. To retain such easements, the city council shall, after public hearing, approve a declaration of retention of utility easements specifically describing such easements. Notice by certified or registered mail shall be provided to the party withdrawing the street from dedication under G.S. 136-96 at least five days prior to the hearing. The declaration must be passed prior to filing of any plat or map or declaration of withdrawal with the register of deeds. Any property owner filing such plats, maps, or declarations shall include the city declaration with the declaration of withdrawal and shall show the utilities retained on any map or plat showing the withdrawal. (1971, c. 698, s. l; 1973, c. 426, s. 47; c. 507, s. 5; 1977, c. 464, s. 34, 1981, c. 401; c. 402, ss. l, 2; 1989, c. 254; 1993, c. 149, s. 1; 2015-103, s. l.)

G.S. 160A-299 Page 2 BK017501PG01788 Prepared by/mail to: I-blJ J. Michael Weeks Attomey at Law PO Box 1097 Zebulon, NC 27597 NORTH CAROLINA WAKE COUNTY HAKE COUNTY, NC 39 CHARLES P. GILLIAM REGISTER OF DEEDS PRESENTED RECORDED ON 07/11/2e19 BOOK:e175Ci. PAGE:01788 - 01794
Tagged Passions:council, streets, utility, Utility, zoning, property, hearing, and easement

AGREErvmcr FOR THE ABANDONMENT AND CLOSURE OF EDDINS STREET

THIS AGREEN'IENT made and entered into this day of July, 2019, by and between

Tagged Passions:streets

WAKEFIELD CENTRAL BAPTIST CHURCH ( Wakefield Church ), a North Carolina

Nonprofit Corporation, with its principal office at 308 Proctor Street, Zebulon, NC 27597;
Tagged Passions:streets and church

CONNIE M. PEARCE ( Pearce ) of 400 Proctor street, Zebulon, NC 27597; and WAKELON

TOWNHOtvES HOMEOWNERS ASSOCIATION ( Wakelon Townhomes ), a North Carolina Nonprofit Corporation (collectively the Property (hmers ); WITNESSETH: WHEREAS, Wakefield Church filed a Petition with the Town of Zebulon for the

Tagged Passions:streets, church, and property

abandonment of Eddins Street as shown on that Plat recorded in Book of Maps 1918, Page 75,

Wake County Registry: BK017501PG01789 WHEREAS, the Property Owners are the owners of the property that adjoins the right of
Tagged Passions:streets, zoning, and property

way of Eddins Street;

WHEREAS, on May 1, 2017, the Town of Zebulon Board of Commissioners held a public hearing on the Wakefield Church's Petition to Abandon Eddins Street;
Tagged Passions:streets, church, and hearing

WHEREAS, no ac on was taken on the Petition to Abandon Eddins Street by the Board

of Commissioners; however, the Board of Commissioners directed the Town of Zebulon Planning Staff to enter into discussions with the Property Owners to resolve questions that arose regarding access easements and easements for existing utilities; WHEREAS, the Property Owners have met with the Town of Zebulon Planning Staff and the Property Owners have reached an agreement to address the concerns of the Board of
Tagged Passions:planning, streets, utility, Utility, property, and easement

Commissioners and the Town of Zebulon Planning Staff;

NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
Tagged Passions:planning

hereafter set forth and other good and valuable consideration, the Property Owners do hereby

covenant and agee to the following terms and conditions as a condition precedent for the
Tagged Passions:property

granting of Wakefield Church's Petition for the Abandonment of Eddins Steet by the Town of

Tagged Passions:grant and church

Zebulon Board of Commissioners:

The Property Owners agree that the Town of Zebulon shall reserve in the1.

Tagged Passions:property

ordinance adopted to close Eddins Street (a) a 20 foot wide easement within the right of way of

the closed Eddins Sfreet to maintain and/or replace the existing water line, fire hydrant and supporting structures for the water line and (b) a 30 foot wide easement within the right of way of the closed Eddins Street to maintain and/or replace the existing sewer line and supporting structures. BK017501PG01790

Tagged Passions:ordinance, sewer, streets, utility, Utility, water, and easement

2.
The Property Owners agree that following the adoption of the ordinance by the

No additional detail provided

Tagged Passions:ordinance and property

Board of Commissioners to abandon Eddins Street, Pearce and Wakelon Townhomes will

Tagged Passions:streets

convey to the Wakefield Church by non-warranty deed the land acceded to Pearce and Wakelon

Tagged Passions:church

Townhomes by the Abandonment of Eddins Street.

Tagged Passions:streets

3.
Wakefield Church agrees to grant to Pearce and Wakelon Townhomes a 30 foot

No additional detail provided

Tagged Passions:grant and church

non-exclusive access easement within the right of way of the abandoned Eddins Street to provide

No additional detail provided

Tagged Passions:streets and easement

access from the properties of Pearce and Wakelon Townhomes to Proctor Street (NCSR 2320).

Tagged Passions:streets

4.
Wakefield Church shall agree in the access easement to Pearce and Wakelon

No additional detail provided

Tagged Passions:church and easement

Townhomes (a) to maintain the access easement so that the access easement may be used by

motor vehicles at all times in the prevailing weather conditions for the Zebulon, North Carolina area and (b) to maintain the access easement at Wakefield Church's expense. (EXECUTION AND ACKNOWLEDGMENT ON SEPARATE PAGES) BK017501PG01791 IN TESTIMONY WHEREOF, the WAKEFIELD CENTRAL BAPTIST CHURCH has authorized the Chairman of the Board of Trustees to execute this Agreement by resolution

Tagged Passions:church and easement

adopted by its Board of Trustees in accordance with its Bylaws.

WAKEFIELD CENTAL BAPTIST CHURCH

Tagged Passions:church

en of the Board Trustees

NORTH CAROLNA WAKE COUNTY

, a notary public for So County, North1,

Carolina, do hereby certify that R appeared before me this date and acknowledged that he is the Chairman of the Board of Trustees of the WAKEFIELD CENTRAL

BAPTIST CHURCH and that he executed the foregoing instrument on behalf of the Church

pursuant to a resolution duly adopted by its Board of Trustees. This day of July, 2019. Notary Public (Printed name) My commission expires: (NOTARY SEAL) BK017501PG01792 IN TESTMONY WHEREOF, CONNIE MI PEARCE has hereunto affxed her hand and

Tagged Passions:boards and commissions and church

adopted as her SEAL the seal adjacent to her name effective the day and year first above

appearing in this document. NORTH CAROLINA WAKE COUNTY 1, (SEAL) Connie M. Pearce County, North, a notary public for Carolina, do hereby certify that CONNIE M. PEARCE appeared before me this date and acknowledged the execution of the foregoing insfrument. This 2019. My commission expires: (NOTARY SEAL) o Public HZ.Q Ue-.Y L. (Printed name) oz 2029 COUN BK017501PG01793 WAKELON m TESTIMONY the W-AKEFIEE-B TOWNHOMES HOMEOWNERS

Tagged Passions:boards and commissions

ASSOCIATION has authorized its President to execute this Agreement and affx its Corporate

Seal hereto all by resolution adopted by its Board of Directors in accordance with its Bylaws. WAKELON TOWNH(hffS HOMEOWNERS ASSOCIATION President (CORPORATE SEAL) NORTH CAROLINA WAKE COUNTY a notary public for County, North1, appeared before me this date andCarolm do hereby certify WAKELON that he is the President ofthe TOWNHOYES HOIv1EOWNERS ASSOCIATION and that he executed the foregoing in.s ument on behalf of the Association pursuant to a resolution duly adopted by its Board of Directors.

day of July, 2019.

o Public (Printed/name) My expires: BK017501PG01794

WAKE COUNTY NORTH CAROLINA

Please retain yellow trailer page It is part of the recorded document and must be submitted with the original for re- recording.

Charles P. Gilliam

Register of Deeds Wake County Justice Center

300 South Salisbury Steet, Suite 1700 Raleigh, NC 27601

No additional detail provided

New Time Stamp Additional Document Fee

This Customer Group of Excessive Entities

of Time Stamps Needed

25
Non-Standard Fee

Additional Reference Fee This Document of Pages Zebulon Joint Public Hearing

Tagged Passions:hearing

Minutes May 13, 2019

Present: Robert S. Matheny, Dale Beck, Curtis Strickland, Don Bumgarner, Beverly Clark, Annie Moore, Joe Moore-Town Manager, Lisa Markland-Town Clerk, Michael Clark-Planning No Planning Board members were present. Mayor Matheny called the meeting to order at 7:00pm.

Tagged Passions:planning and manager

Commissioner Bumgarner made a motion, second by Commissioner Strickland to cancel the work session on May 14. There was no discussion and the motion passed unanimously.

Commissioner Strickland made a motion, second by Commissioner Moore to recess the meeting to May 21, 2019 at 7:00pm. There was no discussion and the motion passed unanimously. Present: Robert S. Matheny, Dale Beck, Curtis Strickland, Don Bumgarner, Beverly Clark, Annie Moore, Joe Moore-Town Manager, Lisa Markland-Town Clerk, Stacie Paratore-Deputy Town Clerk, Michael Clark-Planning, Meade Bradshaw-Planning, Sam Slater-Attorney Planning Board Present: David Covington, Larry Ray, Gene Blount, Stan Nowell, Stephanie Jenkins Absent: Shannon Baxter and Laura Johnson Mayor Matheny called the meeting back into session at 7:00pm reconvening the recessed meeting from May 13, 2019. Mayor Matheny gave the process for the legislative and quasi-judicial hearings. PUBLIC HEARING

Tagged Passions:planning, legal, hearing, and manager

A.
Legislative

No additional detail provided

1.
U 2019-02 Dixon Paving The Dixon Paving request was withdrawn.

No additional detail provided

2.
U 2019-04 on ON Arendell Ave Meade Bradshaw explained the applicant was Dallas Pearce, the owner was Joseph B. Vinson and Jewel S. Vinson Trustee with a parcel size of 0.15 acres located at 0 N. Arendell Avenue. The request was a zoning map amendment from Residential 10 (R- 10) to Transitional Residential (TR).

A PowerPoint presentation showed a map of the landlocked parcel. It was explained the same person also owned the adjacent parcel to the east which had frontage on N. Arendell Ave. Staff Joint Public Hearing Minutes A PowerPoint presentation showed a map of the landlocked parcel. It was explained the same person also owned the adjacent parcel to the east which had frontage on N. Arendell Ave. Staff recommended approval of RZ 2019-04 based upon the consistency with the Town of Zebulon Comprehensive Plan, Zebulon Code of Ordinances, and any other official plan that was applicable.
Tagged Passions:ordinance, strategic, zoning, property, and hearing

Mayor Matheny asked if there was anyone who wished to speak in favor.

Dallas Pearce explained the lots were going to be recombined into one lot. The front lot was zoned TR and the back lot was zoned R-10. The owner needed both to be zoned TR. The owner did not own any other adjacent lots.

Tagged Passions:zoning

Mayor Matheny asked if there were any questions from either of the Boards. There were none.

No additional detail provided

Mayor Matheny asked if there was anyone else who wished to speak in favor. There were none.

No additional detail provided

Mayor Matheny asked if there was anyone who wished to speak in opposition. There were none.

Mayor Matheny closed the public hearing and referred the matter to the Planning Board for their recommendation.

Tagged Passions:planning and hearing

B.
QUAY-JUDICIAL 1. SUP 2019-01 Cardinal Pines

The Board was asked if anyone on either Board had an ethics conflict, financial interest, ex-parte communication, or a fixed opinion on the matter. There were none.

Tagged Passions:finance, communications, Communications, and ethics

Meade Bradshaw presented that the applicant Dennis Tharrington of WDT Development, LLC was requesting a special use permit for approximately seven acres located at 303 Pony Road to construct multifamily apartments. The applicant's concept plan was shown to the Board.

The findings of fact were reviewed. Meade Bradshaw read the following conditions being recommended by staff: 1) sidewalk connection made behind the buildings for connectivity and a proposed outdoor amenity, 2) sidewalk connection from the front entrance of the building to the public sidewalk on Pony Road, and 3) Technical Review Committee approval through the Town of Zebulon. It was explained a TIA was not required based upon the number of trips per day for the development. The applicant proposed the site would generate 42 trips per day. Commissioner Bumgarner asked if any property had been designated for a possible street connecting to the Pineview subdivision to provide a second exit for the subdivision. Meade stated there was no property dedicated for such a use. Mayor Matheny asked if anyone wished to speak in favor. Joint Public Hearing Minutes The developer, Dennis Tharrington, stated the area to be the best site for affordable housing. The site would be available for people 55 and older that made 80 of the median income and below in Wake County. There were numerous amenities for elderly people to enjoy within one mile of the site. Commissioner Strickland asked why the complex was four stories. Mr. Tharrington explained it was for economic reasons, but there as an elevator onsite. The four findings of fact were covered and the applicant believed the site satisfied all of those needs. The applicant stated they had similar senior facilities located in Henderson, Oxford, Gastonia, Knightdale, and Clemmons.

Tagged Passions:streets, development, subdivision, Development, property, hearing, Pedestrian, and housing

Excel Property Management out of Raleigh would manage the property. The facility provided affordable housing for seniors 55 years and up and the facility was required to remain a senior facility for a minimum of 30 years in order to receive tax credits.

Tagged Passions:facility, taxes, Taxes, seniors, property, and housing

Mayor Matheny asked if there was anyone who wished to speak in opposition. There were none.

Mayor Matheny closed the public hearing and referred the matter to the Planning Board for their recommendation.

Tagged Passions:planning and hearing

2.
SUP 2019-03 The Fetching Post Meade Bradshaw gave a PowerPoint presentation and stated the applicant and owner was Amy Brown-Pearce who was requesting a special use permit for approximately seven acres located at 571 W. Barbee Street. The applicant's request was to construct an animal kennel on the property zoned Residential-20 (R-20). It was explained the applicant currently owned the adjacent property and had run a kennel business since 2008.

The findings of fact were reviewed.

Tagged Passions:business, streets, zoning, and property

Staff recommended the following conditions: 1) no outdoor animal activity from 8pm to 8am, 2) no outdoor kennels, 3) any outdoor animal activity areas must be enclosed with fencing, and 4) an annexation petition must be filed and the property annexed by the Town of Zebulon

prior to Certificate of Occupancy by Wake County. Commissioner Strickland inquired about the 8pm to 8am timeframe. Meade Bradshaw explained the dogs could be taken out one-by-one, but not allowed to have multiple animals outside that could cause a noise issue. The kennels would be enclosed in the building. Mayor Matheny asked if anyone wished to speak in favor.
Tagged Passions:pets, property, annexation, and noise

Amy Brown-Pearce stated she was happy to answer any questions from the Board.

Joint Public Hearing Minutes Mayor Matheny asked if anyone wished to speak opposition. There were none. Mayor Matheny closed the public hearing and referred the matter to the Planning Board for their recommendation. Joe Moore explained May 22 was the Board of Commissioners' work session. There were three action items added to the agenda and two were storm related. A storm response and update was given to the Board. Commissioner Strickland made a motion, second by Commissioner Clark to adjourn the meeting. There was no discussion and the motion passed unanimously. The meeting was adjourned at 7:50pm.
Tagged Passions:planning and hearing

Adopted this the 5th day of August, 2019.

Robert S. Matheny Mayor

SEAL

Lisa M. Markland, CMC Town Clerk

Zebulon Board of Commissioners Work Session

No additional detail provided

Minutes May 22, 2019

Present: Robert S. Matheny, Don Bumgarner, Dale Beck, Curtis Strickland, Beverly Clark, Annie Moore, Joe Moore-Town Manager, Lisa Markland-Town Clerk, Michael Clark-Planning, Chris Perry-Fire, Chris Ray-Public Works, Tim Hayworth-Police, Eric Vernon-Attorney Mayor Matheny called the meeting to order at 7:00pm.

Tagged Passions:planning, legal, public safety, Public Works, public works, and manager

APPROVAL OF AGENDA Commissioner Bumgarner made a motion, second by Commissioner Clark to approve the agenda. There was no discussion and the motion passed unanimously.

OLD BUSINESS A. General-Budget Process 1. Manager's Introduction Joe Moore stated the meeting was a combination of two work sessions since the meeting on May 14 was cancelled due to the storm. A brief outline of the meeting was given to the Board. Joe Moore reviewed the budget schedule and process.
Tagged Passions:business, budget, and manager

2.
Presentations

No additional detail provided

a.
Information Technology Lisa Markland spoke to the Board about the need for a dedicated IT staff member to meet the needs of the staff. The IT Committee was unable to keep up with the IT demands. Cii Technology Solutions currently provided the Town's technology services. Cii logged 162.5 billable hours since July 2018 and that did not include the contracted time for monitoring the server and various devices. Projects completed this year included phase one of the police radios and updating the equipment in the AV room. Staff recommended hiring a full time IT position and spoke about their duties. It was stated nine municipalities in Wake County had at least one IT person on staff. The Fiscal Year 2020 five year CIP consisted of replacement of the police radios - 76,000, replacement of all Windows 7 computers (approximately 45 50 computers) - 82,000, council chambers audio visual upgrade.

b.
Police Parking Tim Hayworth explained the Police Department had only two parking spaces with one as a handicapped space and the other as a general parking space. It was stated the limited parking congested the driveway, confused customers, limited access to the safe exchange zone, and limited parking for lawn event access. Staff estimated the completed project to add four additional parking spaces would cost 20,500.

There was concern about removing trees and there was discussion among the Board about widening the driveway. Staff was asked to research widening the driveway. Board of Commissioners Minutes

Tagged Passions:public safety, events, trees, and parking

c.
Town Commons Sheila Long provided detail about a town commons/public space in the downtown area. It was explained how the town commons would fit with the Zebulon 2030 Strategic Plan with having a vibrant downtown, small town life, and growing smart. The Board was shown examples of public spaces including a mini-park, streets and connections and private open spaces. The areas typically featured a seating area, minor landscaping, and public art. A public space activated downtown, created a space for people to gather, was a space to support downtown events, and encouraged development and investment. Staff explained the goal to a town commons/public space was increased pedestrian traffic and spending at downtown businesses, increased opportunity for public art, and served as a catalyst for small-scale entrepreneurship.

No additional detail provided

Tagged Passions:business, strategic, streets, arts, development, downtown, events, parks, Development, investment, Pedestrian, entrepreneurship, and traffic

Development opportunities and potential locations were discussed. The first phase of the project was to identify and secure the property and install basic utilities. Staff estimated a cost of 25,000 for the town commons area.

No additional detail provided

Tagged Passions:utility, development, Utility, Development, and property

d.
Non-Profit Policy Bobby Fitts explained the new non-profit funding committee consisted of himself, Sheila Long, and Tim Hayworth. The non-profit funding policy was reviewed stating no more than 1,000 would go to any one organization, no more than 5,000 to all organizations, and it must be a non- profit. In FY 2019 5,000 was appropriated for donations and the Town received 1 1 applications totaling 10,000.

Bobby Fitts explained the committee performed an analysis of each group and gave the results. The analysis was meant to be a tool to help the Board when making their decision.

Tagged Passions:funding, donation, Donation, and policy

e.
Business Retention Expansion Program Joe Moore explained staff proposed expanding the Business Retention and Expansion Program with the Chamber of Commerce in partnership with the Town.

Denise Nowell, with the Zebulon Chamber of Commerce, spoke to the Board about the goals of the Business Retention and Expansion Program. The Chamber adopted a strategic plan to align with the Town's strategic plan. B. Public Input Donald Horton stated he read the entire budget and thought it was very good. Joe Moore had developed a great team. Mr. Horton thanked the Board and staff for all their hard work. Tracey Alford spoke about the Miss Zebulon scholarship program. It was asked that the Board consider giving non-profit funds to the Miss Zebulon program. Ms. Alford gave an update about her business, Simply Blush, in downtown Zebulon.

Tagged Passions:funding, business, expansion, strategic, budget, downtown, and program

Franklin Finch spoke about the criteria for the allocation and asked the Board to consider giving less money to each organization so more organizations would receive funding. Mr. Finch stated he worked in IT and was happy to offer consulting on IT.

Board of Commissioners Minutes NEW BUSINESS A. Storm Cleanup

Tagged Passions:funding, business, and services

a.
Ordinance 2019-27 Cost of Cleanup Chris Ray reviewed the cost of the storm and the need for a budget amendment to cover those costs.

The Town of Wendell, Wake Forest, Clayton, Wake County, and the City of Raleigh were thanked for their help in cleaning up after the storm.

Tagged Passions:ordinance and budget

Commissioner Bumgarner made a motion, second by Commissioner Beck to adopt Ordinance 2019-27. There was no discussion and the motion passed unanimously.

No additional detail provided

Tagged Passions:ordinance

b.
Resolution 2019-30 Waiving of Fees Michael Clark explained the Planning Department wanted to waive certain permitting fees for six months to property owners to reconstruct and restore damage caused by the storm.

No additional detail provided

Tagged Passions:planning and property

Commissioner Clark made a motion, second by Commissioner Bumgarner to adopt Resolution 2019-30. There was no discussion and the motion passed unanimously.

B Sale of Ladder Truck a. Resolution 2019-31

Tagged Passions:sale and transportation

Chris Perry stated there was a computer error with the last ladder truck auction and all bids were rejected. Staff asked the Board to re-open the public auction for the sale of the ladder truck.

No additional detail provided

Tagged Passions:rfp, RFP, sale, transportation, and auction

Commissioner Bumgarner made a motion, second by Commissioner Beck to adopt Resolution 2019-31. There was no discussion and the motion passed unanimously.

No additional detail provided

Commissioner Beck made a motion, second by Commissioner Bumgarner to adjourn. There was no discussion and the motion passed unanimously.

No additional detail provided

Adopted this the 5th day of August, 2019.

Robert S. Matheny Mayor

SEAL

Lisa M. Markland, CMC Town Clerk

Zebulon Board of Commissioners Work Session

No additional detail provided

Minutes May 30, 2019

No additional detail provided

Present: Robert S. Matheny - Mayor, Don Bumgarner, Dale Beck, Curtis Strickland, Beverly Clark, Annie Moore, Joe Moore-Town Manager, Lisa Markland-Town Clerk, Michael Clark-Planning, Chris Perry-Fire, Chris Ray-Public Works, Sheila Long-Parks and Recreation, Tim Hayworth-Police, Eric Vernon-Attorney

Mayor Matheny called the meeting to order at 7:00pm.

Tagged Passions:planning, legal, public safety, parks, Public Works, public works, manager, and recreation

APPROVAL OF AGENDA Commissioner Strickland made a motion, second by Commissioner Clark to approve the agenda. There was no discussion and the motion passed unanimously.

OLD BUSINESS A. General-Budget Process 1. Manager's Introduction Joe Moore gave a brief budget outline and highlights presentation.
Tagged Passions:business, budget, and manager

2.
Presentations

No additional detail provided

a.
Parks Recreation Master Plan Jennifer Beedle-Munley from Recreation Resources Service introduced herself to the Board.

Sheila Long explained how a Parks and Recreation Master Plan tied into the Zebulon 2030 Strategic Plan, the impacts of growth in the community, and moving forward. It was stated the Town had grown in population by 12 since 2010. The impacts of growth were explained to the Board. The Community Parks and Recreation Master Plan would help prioritize and identify the needs moving forward. Staff recommended budgeting 95,000 for the master plan and include an impact fee. The community and town partners would be engaged in developing the master plan. The Comprehensive Plan process involved strong community involvement by collecting data through surveys, public meetings, pop up markets and events, and focus groups. It was proposed to require a recreation impact fee from developers to go toward recreation projects. Sheila Long spoke about the various grant funds the Town could apply for. Jennifer Beedle-Munley spoke about how a Parks and Recreation Master Plan improved the competitiveness in the grant process. It was explained a project without a master plan reduced the chances of receiving a grant. Jennifer Beedle-Munley felt the proposed 95,000 for the master plan was a fair amount to obtain a good plan encompassing what was needed. It was explained the open space fee-in-lieu was charged per dwelling unit. It was predicted the master plan would take six months to one year to develop. There was discussion about the community center size and other facilities for camps and sports programs. The master plan would assess the size and need of the facilities, as well as staff.

Tagged Passions:funding, grant, market, strategic, budget, events, program, parks, competitiveness, Fee-in-lieu, sports, community center, growth, and recreation

b.
Sidewalks Joe Moore explained a goal in the F Y 20 budget was to increase connectedness and walkability in the community through sidewalks. Sheila Long reviewed the walkability plans and policies in place for the Town, as well as a review of the walkability projects. The missing links of the existing sidewalks on Arendell Avenue were shown

Board of Commissioners Minutes to the Board and it was explained the estimated cost to complete the eight missing links was 508,000. Staff requested 115,000 for the sidewalk project and it was explained how the money would be allocated. There was discussion about grants the Town applied for and received.

Tagged Passions:grant, streets, budget, and Pedestrian

c.
Street Paving and Intersection Improvements Chris Ray gave an update from the F Y 19 Paving Improvement Program and timeframes for the projects. The current paving conditions were explained. The Town's current road conditions had a weighted score of 98.7 and examples of fair condition roads and good condition roads were shown to the Board.

Staff requested 200,000 in the F Y 20 Budget to install a traffic signal at Green Pace Road and Arendell Avenue. The intersection was the most requested transportation improvement by the public and met NCDOT's warrant analysis for improvement. The Town reached out to NCDOT for joint funding, but had not yet received any commitment for the project. Staff requested 30,000 in the F Y 20 Budget for intersection improvements at Shepard School Road and Old Bunn Road. The costs covered design and survey work for traffic signals. Chris Ray explained citizen engagement was needed to obtain feedback on transportation improvements in the Town. There was discussion about the transportation impact fee developers paid for each new home built. Staff proposed an increase to the transportation impact fee in the F Y 20 Budget. The strategy was to use the transportation impact fees for signal improvements.

Tagged Passions:funding, strategic, streets, budget, public safety, transportation, program, education, citizen engagement, and traffic

d.
Fund Balance Policy Bobby Fitts spoke about the current fund balance policy. The key scorecard of Moody's rating methodology was explained. The Town had an Aa3 final score. The 2019 projected balances were reviewed. The draft policy would be presented to the Board at a future work session. The debt was very low and the Town scored high for bond ratings.

B. Public Input There was no one who wished to speak. Joe Moore reviewed the F Y 20 Budget schedule and process.

Tagged Passions:budget, bond, and policy

Commissioner Beck made a motion, second by Commissioner Clark to adjourn. There was no discussion and the motion passed unanimously.

No additional detail provided

Adopted this the 5th day of August, 2019.

Robert S. Matheny Mayor

SEAL

Lisa M. Markland, CMC Town Clerk

Zebulon Board of Commissioners Minutes

Present: Beverly Clark-Mayor Pro Tem, Curtis Strickland, Dale Beck, Annie Moore, Joe Moore- Town Manager, Lisa Markland-Town Clerk, Chris Ray-Public Works, Tim Hayworth-Police, Chris Perry-Fire, Sheila Long-Parks Recreation, Bobby Fitts-Finance, Michael Clark-Planning, Eric Vernon-Town Attorney Not Present: Mayor Robert S. Matheny and Commissioner Don Bumgarner Mayor Pro Tem Clark called the meeting to order at 7:00pm.

Tagged Passions:planning, finance, legal, public safety, parks, Public Works, public works, manager, and recreation

PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Zebulon Middle School student, Caelyn Davis.

Tagged Passions:education

APPROVAL OF AGENDA Mayor Pro Tem Clark asked to amend the agenda to add Ordinance 2019-41 Police Station Masonry Project and Ordinance 2019-42 Planning Professional Services under New Business.

Tagged Passions:planning, ordinance, business, public safety, and services

Commissioner Moore made a motion, second by Commissioner Strickland to approve the agenda as amended. There was no discussion and the motion passed unanimously.

SCHOOL RECOGNITION Mayor Pro-Tem Clark recognized student Caelyn Davis and teacher Morgan Collins, both from Zebulon Middle School. PROCLAMATIONS A. National Parks and Recreation Month

Tagged Passions:recognition, parks, education, and recreation

Mayor Pro-Tem Clark read the proclamation for National Parks and Recreation Month.

No additional detail provided

Tagged Passions:recognition, parks, and recreation

Commissioner Beck made a motion, second by Commissioner Moore to adopt the Proclamation for National Parks and Recreation Month. There was no discussion and the motion passed

unanimously. PUBLIC HEARING Mayor Pro Tem Clark declared the public hearing open. Joe Moore gave a brief presentation of the FY 20 Budget message and outline. Mayor Pro Tem Clark asked if anyone wished to speak. There was no one who wanted to speak and the public hearing was closed.

Tagged Passions:recognition, budget, parks, hearing, and recreation

PUBLIC COMMENT PERIOD John Middlesworth spoke to the Board about people who put trash in recycling bins which caused the recycling items to become trash.

Tagged Passions:recycling

Board of Commissioners Minutes June 3, 2019

Mary Beth Carpenter spoke about the Zebulon Memory Project and the potential National Register Historic District. Letters were sent out to property owners about the process of the historic district. The information was updated on the Preservation Zebulon's website. Denise Nowell from the Zebulon Chamber of Commerce gave an economic development update about the following businesses: 1) Enoneo had a ribbon cutting on June 6, 2) Blue Thumb Farm participated in the Zebulon Farm Fresh Market and 3) Loving Hands Wellness ribbon cutting was June 13. It was stated the population in the eastern part of Wake County had increased by 6 in 2018.
Tagged Passions:business, market, economic development, grocery, agriculture, development, historic, Development, preservation, and property

CONSENT A. Minutes

Commissioner Strickland made a motion, second by Commissioner Moore to approve the minutes of the May 6, 2019 meeting. There was no discussion and the motion passed unanimously. B Finance Commissioner Strickland made a motion, second by Commissioner Moore to approve the tax report for March 2019. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve the financial report as of May 20, 2019. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve Resolution 2019-32 FY 2020 Appointment of Tax Collector. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve Ordinance 2019-28 Stormwater Projects. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve Ordinance 2019-40 Stormwater Projects. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve Ordinance 2019-29 Closing out Water and Sewer Fund. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve Ordinance 2019-39 Closing out Water and Sewer Fund. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve Ordinance 2019-30 Off-duty Employment Stadium. There was no discussion and the motion passed unanimously.
Tagged Passions:ordinance, finance, sewer, appointments, taxes, Taxes, utility, Utility, water, employment, financial report, stadium, and stormwater

Board of Commissioners Minutes June 3, 2019

Commissioner Strickland made a motion, second by Commissioner Moore to approve Ordinance 2019-31 Fire Part-time Salaries. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve Ordinance 2019-33 Administration Telephone Services. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve Ordinance 2019-34 Parks Recreation Transfer for Grounds Maintenance. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve Ordinance 2019-35 Storm Clean-up of Little River Park. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve Ordinance 2019-36 Appropriation of Insurance Proceeds. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve Ordinance 2019-37 Planning Department Transfer to Professional Services. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve Ordinance 2019-32 Appropriating Unspent Capital Funds. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve renewal of the Fire Contract with Johnston County. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve the Memorandum of Understanding between the County of Wake and Town of Zebulon. There was no discussion and the motion passed unanimously. Commissioner Strickland made a motion, second by Commissioner Moore to approve the Quarterly Report for Parks and Recreation, Planning, and Police. There was no discussion and the motion passed unanimously. OLD BUSINESS A. Planning
Tagged Passions:planning, funding, ordinance, business, contract, public safety, services, insurance, watershed, parks, and recreation

1.
Quasi-Judicial a. SUP 2019-01 -Cardinal Pines

Meade Bradshaw presented the request for a special use permit by applicant Dennis Tharrington of WDT Development, LLC for the property located at 303 Pony Road totaling approximately

Tagged Passions:streets, development, Development, and property

Board of Commissioners Minutes June 3, 2019

7.07 zcres. The request was to construct multifamily apartments on the property which was zoned Transitional Residential (T R). The Planning Board recommended approval with the following conditions:

1) a sidewalk connection should be made behind the building for connectivity and a proposed outdoor amenity;

Tagged Passions:planning, streets, zoning, property, and Pedestrian

2) there should be a sidewalk connection from the front entrance of the building to the public sidewalk on Pony Road;

No additional detail provided

Tagged Passions:streets and Pedestrian

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