Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting February 1, 2021 John W. Byrne, Mayor J. Blake Massengill, Mayor Pro Tempore The Regular Meeting of the Fuquay-Varina Town William H. Harris, Jason O. Wunsch, Marilyn B. Gardner and Larry W. Smith, Town Board Members Board scheduled for Tuesday, February 1, 2021 at Adam G. Mitchell, Town Manager Mark D. Matthews, Assistant Town Manager 7:00 p.m. was held at the Fuquay-Varina Town Hall, James (Jim) E. Seymour, Assistant Town Manager 134 N Main Street, Fuquay-Varina, NC. Rose H. Rich, Town Clerk James S. Adcock, III, Town Attorney In attendance were Mayor John W. Byrne, Mayor Pro Tem Blake Massengill, and Commissioners Bill Harris, Jason Wunsch, Marilyn Gardner, and Larry Smith. Also in attendance were Town Manager Adam Mitchell and Information Technology Director Scott Clark. Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Town Clerk Rose Rich, and Town Attorney James Adcock attended the meeting virtually. CALL TO ORDER Mayor Byrne called the meeting to order at 7:00 p.m. INVOCATION AND PLEDGE Commissioner Larry Smith provided the invocation and Commissioner Marilyn Gardner led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager Mitchell advised there is a public comment period at the beginning of the meeting as well as four public hearings. If the public wishes to address the Town Board either during the public comment period or during scheduled public hearings, they will need to notify the Town host that they wish to speak. Those that wish to speak should press the “raise hand” button in the Zoom application or star 9 (*9) to raise hand via telephone. After an individual has raised their hand, they will enter a queue. When the public comment period or the public hearing begins Mayor Byrne will ask the Town host to recognize individuals to speak by calling out their name or the last four digits of their telephone number. Individuals will be unmuted at that time and allowed to address the Town Board at that time. Town Manager Mitchell stated that those speaking should begin their comments by stating their name and address for the public record. The public is asked to keep all comments to three minutes so that all who wish to speak can be heard in a timely manner. APPROVAL OF MINUTES 3A The January 19, 2021 minutes of the regularly scheduled meeting of the Town Board of Commissioners. MOTION: Mayor Pro Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A There were no presentations. PUBLIC COMMENTS 5A There were no public comments. ITEMS PREVIOUSLY TABLED 6A There were no agenda items previously tabled. PUBLIC HEARINGS 7A Voluntary Annexation Petition – Charles and April Whitaker – PIN 0689349832 – 8736 Lake Wheeler Road – ANX-2020-14 Purpose – To consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a petition for voluntary annexation and to approve the annexation agreement for property owned by Charles and April Whittaker containing a total of approximately 1.63 acres. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information about the agenda item and made the following remarks.  The property contains approximately 1.63 acres with road access at 8736 Lake Wheeler Road. The property is non-contiguous to the Town's corporate limits. Water is available to the property; sewer is not yet available to the property. The petitioner has signed an annexation agreement as it relates to the provision of Town services. At the January 19, 2021 meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation. 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 February 1, 2021 Town Board meeting. Public Hearing – The public hearing was opened. No one spoke in favor, or opposition to the voluntary annexation petition. The public hearing was closed. Discussion – Mayor Pro Tem Massengill stated that the positive side of annexing this property is that other adjacent property may request to be annexed into the Town, which helps the Town from an efficiency standpoint. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Charles and April Whittaker - ANX-2020-14 as presented and recommended. MOTION: Mayor Pro Tem Massengill SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-21-03 7B Zoning Map Amendment and Land Use Plan Amendment – Preserve at Holland, LLC – 804, 806, 808, 820, 0 and 0 Holland Road – PINs 0666422289, 0666428465, 0666428912, 0666439015, 0666523374, and 0666523886 - REZ-2020-18 Purpose – To consider a requested zoning map amendment for a total of 29.67 acres, located at 804, 806, 808, 820, 0, & 0 Holland Road, from the Residential Agricultural (RA) and Residential Low Density (RLD) Zoning Districts to the Residential Low Density Conditional Zoning District (RLD-CZD), and a corresponding land use plan amendment at 808 Holland Road (PIN 0666439015) from Rural Residential (RR) to Mixed Density Residential (MDR). Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information about the proposed Zoning Map Amendment & Land Use Plan Amendment as follows. The subject properties total 29.67 acres and are in the Town’s Extraterritorial Jurisdiction (ETJ) except for 808 Holland Road (PIN 0666439015), which is located in the Town's corporate limits. The properties are subject to annexation; however, an annexation petition has not been submitted at this time. These properties are currently a mix of uses, primarily single-family homes with farmland and undeveloped forested areas. The zoning map amendment petition requests approval of the Residential Low Density Conditional Zoning District (RLD-CZD), which is intended to permit proposed residential development and existing single-family detached dwelling lot/units in established neighborhoods to provide for low density urban residential zoning lot development. The petitioner has requested the following permitted use condition be made applicable to the subject properties: 1. Single family detached homes only. The petitioner has requested the following site-specific conditions be made applicable to the subject properties: 1. Maximum density of two (2) dwelling units per acre. 2. Minimum 15' or 20' Type B perimeter buffer along parent property boundary as indicated on the Landscape Plan. 3. Site shall be stage graded. Mass grading will not be permitted. Stage grading is defined by the movement of earth by mechanical means to alter the gross topographic features, to include elevation and slope, in preparation for construction of infrastructure and no more than 30 feet from the right-of-way solely for the installation of infrastructure and providing access to a developable lot with the exceptions of additional berms for landscaping, drainage swales and borrow pits. Grading completed after the plat is recorded shall be considered individual lot grading and subject to compliance with the Town of Fuquay-Varina Land Development Ordinance. 4. All roadway drainage pipes shall have decorative headwalls. All lots shall have decorative headwalls for driveway pipes. Headwalls shall be concrete with a masonry veneer or stone façade. 5. Vinyl siding is not permitted. Vinyl windows, decorative elements, and trim is permitted. 6. No unit shall be constructed with an exterior elevation or color palette that is identical to the unit on either side or directly across the street. A varied color palette shall be utilized on  homes throughout the subdivision to include a minimum of three (3) color families for siding and shall include varied trim, shutter, and accent colors complimenting the siding color. All homes will minimally include 1x4 wrapped windows and doors on all four (4) sides throughout the community. 7. No unit on either side or directly across the street shall have the same roofline. 8. All homes shall have a 2-car garage minimum. Garage doors shall contain windows, decorative details and/or carriage style adornments. 9. All windows on a side elevation shall have decorative trim, shutters or shall be a bay window. 10. Front porches, when provided, shall be at least six feet (6’) deep with decorative posts and include a minimum of 24” massing at the base constructed of masonry material. All homes shall have a covered entry or front porch. 11. Each unit shall have a front door with a minimum of 25% glazing, transom, and/or door sidelights. 12. Eaves shall project at least 12 inches from the wall of the structure. 13. All homes will be constructed on 40" crawl space foundations minimally. The applicant's vision for the overall quality and preservation of architectural diversity will be upheld by the commitment and usage of four (4) architectural design themes: Modern Farm, Transitional, Cottage-Craftsman, and Timeless Designs. In addition, the applicant will commit to the use of at least six (6) of the following design features or building materials on all homes: dormer(s), hipped-roof(s), primed fiber cement cladding (allowing for diversity in color and appearance), brick veneers, painted brick veneers, stone veneers, metal roofing, architectural shingles, screen porches, 3rd-car garages, side load garages, shutters, stained or painted semi-divided light (SDL) front doors. 14. The visible side of a home on a corner lot facing the public street or rear façade visible from a public ROW shall contain at least two (2) decorative elements such as, but not limited to, the following elements. Windows Bay Window Recessed Window Decorative Window Trim around the Windows Wrap Around Porch or Side Porch Enclosed Porch Two or More Building Materials Decorative Brick/Stone Decorative Trim Decorative Shake Decorative Air Vents on Gable  Decorative Gable Decorative Cornice Column Portico Balcony Surrounding properties are a mix of residential, agricultural, and undeveloped forest. Existing properties on all sides of the property are single-family residential and agricultural uses. The 2035 Community Vision Land Use Plan (LUP) calls for the Mixed-Density Residential (MDR) and Rural Residential (RR) Classifications at the subject properties. Although the requested zoning district is not consistent with one (1) of the two (2) LUP classifications, the petitioner has included a Land Use Plan amendment with this zoning map petition. Public water and sewer are available to serve the subject properties and will be installed with future development. The subject properties are located along and have access to Holland Road, which is classified as a 70-foot right-of-way by the 2035 Community Transportation Plan (CTP). This street is identified as a two (2) lane roadway, with a sidewalk and a side path, with a carrying capacity of 12,400 average daily trips (ADT). 2018 NCDOT traffic counts indicate an average daily trip (ADT) count of 2,900. The petitioner held the neighborhood meeting on December 8, 2020, via the online conferencing application Zoom. The 2035 Community Vision Land Use Plan (LUP) calls for the Mixed-Density Residential (MDR) and Rural Residential (RR) Classifications at the subject properties. The Land Use Plan classification MDR is compatible with the proposed zoning district, but RR is not due to its lower density requirements. Therefore, the petitioner has proposed a Land Use Plan amendment from RR to MDR on PIN 0666439015. This amendment supports the LUP’s Recommendation, CF.1 - Invest in Existing Growth Areas, which encourages the extension of utilities and growth of development in areas that are already in the growth process to maximize effectiveness. As such, the requested Land Use Plan amendment is consistent with the 2035 LUP and its vision. The Land Use Plan amendment, if approved, would allow for the site to be developed more consistently and appropriately as it relates to the proposed use and surrounding area. Management and staff recommend approval of the proposed zoning map amendment with the corresponding land use plan amendment. It is consistent with the 2035 Community Vision Land Use Plan and is reasonable and in the public’s best interest for the following reasons: 1. Although the requested zoning map amendment is not consistent with the 2035 Community Vision Land Use Plan classification of Rural Residential, the petitioner has opted to request a change of the Land Use Plan to Mixed-Density Residential, which is more appropriate to the surrounding use, proposed use, and location. 2. The requested zoning map amendment is consistent with the 2035 Community Vision Land Use Plan’s recommendations CF.1 - Invest in Existing Growth Areas. 3. The requested zoning map amendment would better conform to the surrounding uses and provide the ability to develop the property for its proposed use. At the January 12, 2021 regular meeting, the Planning Board unanimously voted to recommend approval, finding it reasonable and the best interest of the public for the reasons identified by staff. Public Hearing – The public hearing was opened. Don Curry of Curry Engineering Group, 205 S, Fuquay Avenue spoke in favor of the zoning map & land use plan amendment for REZ-2020-18 on behalf of the petitioner, Preserve at Holland, LLC. No one chose to speak in opposition to the zoning map & land use plan amendment for REZ-2020-18. The public hearing was closed. Discussion – Mayor Byrne stated that the name on the map should be J. Franklin Pore, Jr. not Core. Commissioner Wunsch stated that he appreciates all the attention to the character conditions. Mayor Pro Tem Massengill stated that this was going to be positive for the community. Commissioner Gardner agreed and asked if Holland Road was on the docket for NCDOT to resurface. Town Manager Mitchell stated that Holland Road from Judd Parkway to Purfoy Road is on NCDOT’s maintenance schedule for FY 2022. Recommendation – Approve REZ-2020-18, a zoning map amendment at 804, 806, 808, 820, 0, and 0 Holland Road, from the Residential Agricultural (RA) and Residential Low Density (RLD) Zoning Districts to the Residential Low Density Conditional Zoning District (RLD-CZD), and the corresponding land use plan amendment at 808 Holland Road (PIN 0666439015) from Rural Residential (RR) to Mixed Density Residential (MDR). The proposed zoning map amendment, with corresponding land use plan amendment, is consistent with the 2035 Community Vision Land Use Plan and both are reasonable and in the best interest of the public for the reasons identified by management and staff.  MOTION: Mayor Pro Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) 7C Zoning Map Amendment – Mauldin-Watkins Surveying, PA – 710 S Main Street – PIN 0656942505 – REZ-2020-19 Purpose – To consider a requested zoning map amendment for a total of 0.78 acres, located at 710 S Main Street, from the Office & Institutional (O&I) Zoning District to the Town Center Residential (TCR) Zoning District. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. The subject property totals 0.78 acres and is in the Town's corporate limits. The property is currently used as a single-family residence; however, the zoning on the property, Office & Institutional (O&I), renders single-family residential as a nonconforming use, as defined by the Town's Land Development Ordinance (LDO). The requested rezoning is to bring the zoning into compliance with the existing residential use. The zoning map amendment petition requests approval of the Town Center Residential (TCR) Zoning District. A residential density of 10 units per acre is permitted within the TCR Zoning District, which is intended to provide for residential development of varying types to support the downtown center districts and is applicable only within the Judd Parkway loop. The TCR Zoning District requires submittal of a master plan; however, proposed developments totaling four (4) lots or fewer are permitted to submit a plot plan in lieu of the required master plan. This zoning map amendment requests one (1) lot, and as such, a plot plan has been submitted. Surrounding property is primarily residential of a variety of densities, making up the neighborhoods that begin the transition to downtown. The 2035 Community Vision Land Use Plan (LUP) calls for the Town Center Residential (TCR) Classification at the subject property. The LUP's Recommendation, LU.4 — Encourage Infill Development & Redevelopment Inside Town Limits, incentivizes infill development and redevelopment projects inside Town limits to reinvest in the existing downtowns and neighborhoods. The requested zoning district is consistent with the 2035 LUP classification. Public water and sewer utilities currently serve the subject property. The subject property is located on and has access to S Main Street and Hillcrest Drive. S Main Street is classified as a 60-foot right-of-way by the Town's 2035 Community Transportation Plan (CTP). This street is identified as a two-lane road with sidewalks, with a carrying capacity of 10,000 average daily trips (ADT). It is currently a two-lane road with sidewalks and a carrying capacity of 10,000 ADT. 2017 NCDOT traffic counts just north of the property indicate a volume of 8,600 ADT. Hillcrest Drive is classified as a local street in the Town's CTP. NCDOT traffic counts for Hillcrest Drive are not available currently. A neighborhood meeting was held by the petitioner on December 28, 2020 at 139 N Main Street, and the meeting report was provided in the agenda materials. Staff takes no position as to its content. Management and staff recommend approval of the proposed zoning map amendment as it is reasonable and in the best interest of the public for the following reasons: 1. The requested zoning map amendment is consistent with the 2035 Community Vision Land Use Plan for the designation of Town Center Residential (TCR) and would allow for the existing residential use to continue without furthering the nonconformity. 2. The requested zoning district supports infill development and reinvestment in downtown neighborhoods per the 2035 LUP’s recommendation LU.4 — Encourage Infill Development & Redevelopment Inside Town Limits. 3. The requested zoning district is complementary to residential and institutional uses in the general vicinity. At the January 12, 2021 regular meeting, the Planning Board unanimously voted to recommend approval, finding it reasonable and in the best interest of the public for the reasons identified by staff. Public Hearing – The public hearing was opened. Chad Goodnight, of Mauldin-Watkins Surveying, PA, 139 N. Main Street, spoke in favor to the zoning map amendment. No one spoke in opposition to the zoning map amendment. The public hearing was closed.  Discussion – There was no discussion from members of the Town Board. Recommendation – Approve REZ-2020-19, a zoning map amendment at 710 S Main Street, from the Office & Institutional (O&I) Zoning District to the Town Center Residential (TCR) Zoning District. The proposed amendment is consistent with the 2035 Community Vision Land Use Plan and reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) 7D Resolution for Street Name Change – Portion of Wilbon Road (SR 1110) Purpose – To consider a resolution to rename the specified portion of Wilbon Road that is scheduled to become part of NW Judd Parkway upon completion of its construction. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. The final portion of Judd Parkway is currently under construction and is scheduled to be completed in Spring 2021 (weather permitting). This section of the Parkway will include an existing portion of Wilbon Road (SR 1110) between its intersection of N Broad Street and the newly constructed intersection with NW Judd Parkway. Approximately 3,200 linear feet of roadway is to be renamed. The remaining portion of Wilbon Road, from its intersection with NW Judd Parkway, west to its terminus at Piney Grove Wilbon Road is unaffected by this street name change. The street name change shall become effective upon completion and opening of the NW section of Judd Parkway, and will thereafter no longer be referred to as Wilbon Road. No parcels' addresses are affected by this street name change as this matter was previously addressed by the Town, Wake County, and US Post Office. The Town will be responsible for the updating of street name signs at the impacted intersections. As the accuracy of street names is important for not only navigability of the Town and emergency services response accuracy, but it is also in the best interest of the public to change this portion of  Wilbon Road to NW Judd Parkway, effective upon completion of construction and opening of the complete parkway. Public Hearing – The public hearing was opened. No one chose to speak in favor, or in opposition to the proposed street name change for a portion of Wilbon Road. The public hearing was closed. Discussion – Mayor Byrne stated that this is the last leg of Judd Parkway that goes around Fuquay- Varina, and he appreciates what staff have done as it relates to the change of address for the affected residents in that area. Recommendation – Approve a resolution for street name change for the portion of Wilbon Road as presented and recommended. MOTION: Commissioner Wunsch SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) Resolution No. 21-1688 CONSENT AGENDA 8A Utility Agreement Allocation Request – South Lakes Subdivision SF-8 Purpose – To consider a Utility Agreement Allocation Request for South Lakes Subdivision SF-8 for 17,063 gpd sewer and 20,475 gpd water. Recommendation – Approve the recommended Utility Agreement Allocation Request for South Lakes Subdivision SF-8 as presented and recommended. 8B Budget Amendment – Bishop Photo – Youth Athletic Scholarship Fund Donation – Parks, Recreation, and Cultural Resources - $645 – BA-21-21 Purpose – To consider approval of a budget amendment in the amount of $645, recognizing funds from Bishop Photo for non-resident scholarships within the Parks, Recreation and Cultural Resources Department. Recommendation – Approve budget amendment BA-21-21 as presented and recommended.  A motion was made to approve all items (8A and 8B) on the Consent Agenda. MOTION Mayor Pro Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) ITEMS REMOVED FROM CONSENT There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Resolution – Amendment to the Wake County Multi-Jurisdictional Hazard Mitigation Plan Purpose – To consider a resolution that amends the Fuquay-Varina annex to the Wake County Multi- Jurisdictional Hazard Mitigation Plan, in support of the Town's BRIC grant application for dam rehabilitation at Hilltop Needmore Town Park and Preserve. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. A resolution to amend the Fuquay-Varina ANNEX E to the Wake County Multi-Jurisdictional Hazard Mitigation Plan is proposed and includes mitigation measures for the Crooked Creek Dam (as referred to on the map). By adoption, this amendment adds by reference the following eleven structural mitigation measures to Table 7.5, p. 240-241 of the Hazard Mitigation Plan. These amended items will be incorporated into the table upon the County's next plan update. The following amendments to the Hazard Mitigation Plan are being implemented to meet the planning requirements of the FEMA BRIC Program by adding these mitigation actions related to a high hazard dam failure. Each of the following measures is aligned with the FEMA BRIC Program Goals: New Mitigation Measures: SP-1) Geotechnical investigation to establish data for risk analysis and development of engineering designs/solutions SP-2) Implementing engineered design solutions to improve performance/safety of existing dam SP-3) Property Acquisition in inundation area(s) below dam SP-4) Raise crest of dam to increase storage capacity SP-5) Add additional spillways, widen, or lower existing spillways to increase discharge capacity. SP-6) Warning systems to alert downstream areas of potential dam failure SP-7) Improve flow path below dam to increase conveyance capacity SP-8) Encourage conservation or re-forestation of upstream land to reduce runoff SP-9) Development of community Stormwater Management Plans for upstream communities SP-10) Complete an Emergency Action Plan in conjunction with NCDEQ for all High Hazard Dams in the county SP-11) Permanently breach hazardous dams or modify risers such that dam can no longer impound water but may still provide attenuation of peak flooding by acting as a stormwater retention feature. The State Dam Safety Program at NCDEQ has identified the Crooked Creek Dam as a High Hazard Dam due to the risk of loss of life and property damage in the event of failure. Town Staff has pursued grant funding under the FEMA BRIC program for purposes of making modifications to the Crooked Creek Dam to mitigate risk to people and property. The mitigation items are intended to provide information to better define the potential scope and cost of the mitigation of this dam to meet current NC Dam Safety performance and safety criteria. The mitigation items are focused on those modifications necessary to meet and exceed minimum criteria that will help to protect the integrity of the dam. The dam will have its slope fixed to 3H:1V grade to meet state dam safety regulations and making the dam safe to properly navigate and maintain in the future. Management and staff recommend the Town Board adopt this amendment to the Wake County Hazard Mitigation Plan - Fuquay-Varina Annex E. Discussion – There was no discussion from members of the Town Board. Recommendation – Adopt the Resolution to amend the Fuquay-Varina Annex E to the Wake County Multi-Jurisdictional Hazard Mitigation Plan as presented and recommended. MOTION: Mayor Pro Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) 10B Design/Build Team Selection – Fuquay-Varina Fire Station No. 4 Purpose – To consider the selection of the Bobbitt Design Build Team for the Design and Construction of the Town of Fuquay-Varina Fire Station No. 4 and to authorize the Town Manager to enter into contract negotiations with Bobbitt Construction, Inc. for design and construction of Fire Station No. 4. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. At the August 3, 2020 Town Board of Commissioners’ meeting, the Board authorized Town Management to move forward with the use of the Design-Build method for the construction of Fire Station No. 4. A Request for Qualifications (RFQ) was advertised on October 20, 2020, in accordance with G.S. 143-128.1A: Design Build Contracts and G.S. 143-64.31: Declaration of Public Policy. In response to the Town's RFQ, the following (10) submittals were received: 1. Annis Building Corporation 2. Bobbitt Construction, Inc. 3. Bordeaux Construction Company 4. D.R. Reynolds Company, Inc. 5. Daniels & Daniels Construction 6. Edifice General Contractors 7. Focus Design Build 8. Resolute Building Company 9. Samet Corporation 10. T.A. Loving Company These RFQ submittals were forwarded to the Evaluation Committee composed of Town and Wake County staff for review and scoring. The members participating on this committee were as follows: • Adam Mitchell – Town Manager • Jim Seymour – Assistant Town Manager – Development Services • Tony Mauldin – Fire Chief • Tracy Stephenson – Public Works Director • Jim Jones – Deputy Fire Chief • Mark Forestieri - Wake County Facilities Design & Construction (Director)  • David Rutherford - Wake County Facilities Design & Construction (Project Manager) After review and scoring, the Evaluation Committee short-listed four (4) teams. These teams were invited to meet with the Evaluation Committee on January 6, 2021 for a more in-depth review of their team. The short-listed teams were as follows: 1. Bobbitt Construction Inc. 2. Bordeaux Construction Company 3. Edifice General Contractors 4. Samet Corporation Each short-listed team made a presentation to the Committee introducing their key personnel and offering their preliminary considerations on the project. After discussion and review, the project team from Bobbitt Construction Inc., was identified as the preferred Design-Build team. The Evaluation Committee believed this project team's comprehensive understanding of design and construction of fire stations coupled with their enthusiasm for the project and their sense of community pride stemming from several key members on the team living in Fuquay-Varina make them the ideal fit for this project. The Committee feels the project team from Bobbitt Construction Inc. will be a good partner with the Town of Fuquay-Varina. Town management recommends to the Town Board approval of Bobbitt Construction, Inc. as the most qualified project team to undertake this project. Following selection of this firm, Town Management will enter into contract negotiations for the design-build contract. In the event we are unable to reach terms, Town Management is seeking authorization to negotiate with the next most qualified firm as noted above. Discussion – There was no discussion from members of the Town Board. Recommendation – Approve the selection of the Bobbitt Design Build Team for the Design and Construction of the Town of Fuquay-Varina Fire Station No. 4 and to authorize the Town Manager to enter into contract negotiations with Bobbitt Construction, Inc. for the same. In the event an agreement cannot be reached with Bobbitt Construction, Inc., the Town Board authorizes the Town Manager to cease negotiations and enter into negotiations with the next successively ranked respondent(s) until an agreement is reached.  MOTION: Commissioner Harris SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) 10C Fire Station No. 5 Funding Agreement and Memorandum of Understanding – Joint Schematic Design and Feasibility – Wake County/Garner/Fuquay-Varina - $45,500 – BA-21-22 Purpose – To consider approval of a Funding Agreement and Memorandum of Understanding as well as a budget amendment (BA-21-22), for the joint schematic design and feasibility of a join-use Fire and EMS Station with Wake County and the Town of Garner. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. For several years, the Town has been exploring the potential for a joint-use EMS and multi-town fire station with Wake County and the Town of Garner. Due to current and expected residential and commercial growth in the Town's northern quadrant, Wake Tech expansion plans, and the future opening of I-540, there is an identified need for a fire station presence in the vicinity of Ten Ten Road, north of the I-540 interchange. Currently, Fuquay-Varina Fire Station No. 2 is approximately 4- miles from the Ten Ten Road/U.S. 401 intersection. A new station presence north of the I-540 interchange will benefit the public with shorter response times and thereby help to maintain or improve fire insurance ratings in the future. The Town of Garner has a need for a fire station presence in this area as well. Currently, their closest station is even further away than Fuquay-Varina from the Ten Ten Road/U.S. 401 intersection, and with current development and the announcement of significant commercial development, the Town of Garner has described having an "immediate need" to construct a fire station in the proposed vicinity. In fact, their need is so immediate, that the Town of Garner has acquired property near the vicinity of Ten Ten Road and U.S. 401 off Caddy Road. Additionally, Wake County has expressed a need for physical EMS presence in this area due to current and expected growth as well as I-540. During the last several years, it has become clear that Garner and Wake County may be on a different "need" schedule than the Town of Fuquay-Varina as it relates to a physical station in the proposed area. Fuquay-Varina management and fire leadership do see there being a real need for the Town to have a physical fire presence in the proposed area, however it is possible that waiting 3 to 5 years could be an option that would afford the Town an opportunity to financially address other priorities (e.g. Fire Station No. 4), while also preparing for the financial implications of constructing a fifth fire station. Garner and Wake County likely intend to begin construction of a joint station in the next 18 to 24 months. Given these variants in time scenarios for each entity, the proposed Funding Agreement and Memorandum of Understanding memorializes a plan to advance this project in stages, thereby allowing all parties to make decisions at various points in the process. The first phase in the process is to work with consultants to produce a joint schematic design for a joint-use station as well as conduct other feasibility site analysis and investigation services. The MOU proposes that all parties will go in on this phase together. The expected deliverables in this phase include site analysis (surveys, environmental studies, and any other studies necessary to design and build the project including any studies which may be required by governmental agencies), program study, preliminary site planning, development of floor plans and building elevations, and construction estimates. The funding agreement contemplates that this scope of work will cost $130,000. Based on estimated use of the programmed space, the Funding Agreement and MOU propose that the municipal partners pay 70% (Fuquay-Varina - 35%, Garner 35%) and Wake County pays 30%. The full scope of the Project is envisioned as a shared Fire/EMS Station, to serve the Garner Volunteer Fire Department, Fuquay-Varina Municipal Fire Department and Wake County EMS, with an approximate 16,000 SF, with four (4) full apparatus bays along with related sitework providing approximately forty-five (45) parking places on property currently owned or controlled by the Town of Garner. The precise and final square footages and parking spaces will be confirmed through the design process. Should the Town of Fuquay-Varina choose to have their designated portion of the station constructed as a future expansion, the initial constructible building area will then be reduced to approximately 13,100 SF. In such a case, the building shall be designed so that a fourth apparatus bay and associated support space, along with additional parking can be added for future expansion of fire service, unless the Town of Garner wishes to build this space at the outset. At the completion of the Joint Schematic Design and Feasibility Analysis phase (expected to take 12- months), the MOU describes that each party will be faced with a decision point; 1) agree that the estimate cost of construction is reasonable and appropriate and 2) decide whether to proceed to the next phase, which is construction. The parties will have 45 days to make this decision under the MOU unless amended otherwise. Should the Town of Fuquay-Varina decide at that time that the Town is not prepared to move forward with construction, the MOU contemplates that the Town enter into a separate Interlocal Agreement with the Town of Garner and Wake County to, at a later defined time, pay for the expansion of the facility to meet the Town's needs (drive through apparatus bay, support space, additional parking, furniture, fixtures, and equipment) and enter into a ground lease/right of use/license/tenancy agreement for a minimum of 25 years with no payments due under the terms of the lease. The Town would, however, be responsible for a proportionate share of maintenance, repair, and operational costs as provided in a future interlocal agreement. Specifically, under the terms of the proposed funding agreement and MOU the Town of Fuquay- Varina would be responsible for the following: A. Coordination. Providing staff to work with the County and Design Consultant as needed during Schematic Design and any subsequent design phases including the construction of the Project. The Town will be actively involved in reviewing and approving the Schematic Design work submitted by the County and their Consultants. B. Upon execution of the MOU, the Town of Fuquay-Varina shall provide $20,000 to the County as an initial payment toward the cost of developing the Schematic Design and Site Analysis phases of the project. C. Review of Work. In a coordinated effort with the County staff, Town staff shall review the Schematic Design, and make a recommendation to present the Schematic Design to the Town Board for review and input. D. Acceptance of Design. Within Forty-Five (45) days of the design consultant delivering Schematic Design, scope of design, and estimated cost of construction, the Town of Fuquay- Varina shall first inform the County and Town of Garner in writing, if the Schematic Design, scope of design, and estimated cost of construction for components to be funded by the Town of Fuquay-Varina are acceptable. Secondly, the Town shall confirm to the other parties whether they wish to move forward with construction of their portion of the project at that time, or instead, chose to postpone it and either indicate an interest in a potential future expansion, or decide to terminate their participation in this Project and the agreement altogether. Management and staff are recommending proceeding forward with Joint Schematic Design and Feasibility Analysis for the proposed Joint-Use Fire/EMS station. The cost of the first phase is reasonable and in the best interest of the Town. The alternative to not participating in this joint effort would be to later design and construct an individual station in the same general vicinity at 100% of the cost to the Town. The Town has a statutory obligation to provide fire service to properties within the corporate limits of the Town, which continue to grow and expand in this area. Participating in a joint-use effort in this area, where the borders of two communities (Fuquay-Varina and Garner) come  together makes financial and operational sense. Management and staff view the initial $45,500 investment as being reasonable, especially when there is an exit ramp to take should the Town not wish to proceed further. Discussion – Mayor Byrne asked if Wake County would be contributing 30% of the funding. Town Manager Mitchell stated that they will participate at 30% during the first phase, and it is likely that they will participate at a similar percentage in future phases, although it is possible that the percentage could fluctuate up or down following the schematic design phase. Commissioner Smith asked if the feasibility study would indicate the costs two to three years out if the Town chose not to continue with the project at that time. Town Manager Mitchel stated that the study would provide costs estimates for the project to include inflation assumptions if the Town were to participate at a later time, but it is likely that it would cost more two to three years out due to the increasing costs of construction. Mayor Byrne stated that with the competition of I-540, in the area south of Ten Ten Road, we will see significant growth and a fire station would be needed in that area. Recommendation – Approve the Funding Agreement and Memorandum of Understanding between the Town of Fuquay-Varina, the Town of Garner, and Wake County for the joint schematic design and feasibility analysis of a Joint-Use Fire/EMS station and authorize the Town Manager to execute the same, subject to the Town Attorney's review as to form. Additionally, the motion includes the adoption of budget amendment, BA-21-22, which allocates the resources necessary for the design and study. MOTION: Commissioner Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Town Manager’s Report A brief report on the following was provided: Inspections Department Town Manager Mitchell reported that the Inspections Department set a record of 149 single family permits for the month of January.  Finance Department Town Manager Mitchell reported that the Finance Department has officially started the new budget season, and he will be bringing back dates for the Budget Workshop. Parks & Recreation Town Manager Mitchell reported that registration for the Spring Youth Sports has ended with a total of 1790 youth registration. Town Manager Mitchell reported that Park Greenway Trail Ribbon Cutting Ceremony was held week via live stream on Facebook and was well reviewed. Miscellaneous Town Manager Mitchell reported that the UNC Physicians Network Medical Office Building on Hwy 401 recently won the 2020 Healthcare Real Estate Insite Magazine Award for best new medical office buildings and other outpatient facilities less than 25,000 SF. He advised that Curry Engineering worked with UNC Physicians Network on design plans. Town Manager Mitchell reminded the public of what is and is not allowed for recycled materials and he urged the public to visit the Town’s website to learn more about recycling dos and don’ts. Town Manager Mitchell thanked the Town Board for an excellent retreat this past weekend, and for all their input. He stated that as a result, staff will be submitting a recommended draft of the Strategic Plan soon at a future meeting. 11B Project Status Report – February 2021 Town Manager Mitchell noted the new format. 11C FY 2021-2022 Pre-Budget Process Community Survey Town Manager Mitchell advised that the budget process has taken a step further to get the public more involved. The pre-budget public hearing is scheduled for the February 16, 2021 meeting. Also, there is a budget priority survey on the Town’s website to obtain priorities from the public’s perspective. So far 150 responses have been submitted in the short amount of time that the survey has been open, and 45 individual written topics were submitted for the survey. 11D State of the Town Address – March 1, 2021 – Town Hall Board Room – Live Stream and Zoom – 6:30 p.m. BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill stated that he appreciates the Water Department staff for all their hard work during these frigid temperatures as they repair water breaks. Commissioner Smith commended Town staff and management for a great retreat, he stated that it was very useful and a lot of hard work. Commissioner Harris stated that he was excited to read from the Project Status Report that the Citizen Engagement platform will go live on March 31st. He stated that he also enjoyed the Town Board retreat and that he always appreciates receiving financial updates and found value this year in the process for identifying strategic plan core value objectives and initiatives. He commended Town staff for an excellent retreat this past weekend. Commissioner Wunsch stated that he was impressed with the Board retreat and the amount of information covered, and it seems to get better each year. He stated that he appreciates the Town Board and is excited about the future of Fuquay-Varina. Commissioner Gardner thanked Town staff for all the prep work that goes into the Town Board retreat and she appreciates the fact that we came out of the retreat with so many results to help the Town move forward. Mayor Byrne thanked the Town Board members for attending and participating in the retreat this year. He stated that he was impressed with the Town Manager and both Assistant Town Manager’s excellent presentations. Mayor Byrne then reviewed other meetings that he attended in the previous week as well as upcoming events as follows: Past Events 1/20 – CAMPO Meeting 1/22 – Metro Mayors Weekly Legislative Update Call 1/26 – Wake County Joint CAC Meeting 1/26 – Ribbon Cutting – Park Depot Trail 1/29 – Metro Mayors Weekly Legislative Update Call  Upcoming Events 2/2 – Senator Batch Video Call 2/2 – Police Swearing In 2/4 – Centennial Authority Meeting 2/5 – Metro Mayors Weekly Legislative Update Call 2/10 – Teams Video Meeting with Southern Wake Academy 2/12 - Metro Mayors Weekly Legislative Update Call 2/15 – Wake County Mayor’s Association Meeting ADJOURNMENT A motion was made to adjourn the meeting at 8:30 p.m. MOTION Mayor Pro Tem Massengill SECOND Commissioner Gardner MOTION RESULT: Passed Unanimously (5-0) The minutes from the February 1, 2021 Town Board of Commissioners regularly scheduled meeting are adopted this 16th day of February in the year 2021 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST (TOWN SEAL) Rose H. Rich, Town Clerk