Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting May 3, 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 Monday, May 3, 2021 at 7:00 Adam G. Mitchell, Town Manager Mark D. Matthews, Assistant Town Manager p.m. was held at the Fuquay-Varina Town Hall, 134 N James (Jim) E. Seymour, Assistant Town Manager 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, Information Technology Director Scott Clark, Assistant Town Manager Jim Seymour, Town Clerk Rose Rich and Town Attorney James Adcock. Assistant Town Manager Mark Matthews attended the meeting virtually. CALL TO ORDER Mayor Byrne called the meeting to order at 7:01 p.m. INVOCATION AND PLEDGE Commissioner Smith provided the invocation and Commissioner William Harris led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager Mitchell stated that all attendees that have joined the meeting have joined muted. There is a public comment period near the beginning of the meeting and there are three public hearings. The time to address the town board on any matter that is not the subject of a scheduled public hearing is during the public comment section of the Town Board meeting agenda. If the public wishes to address the Town Board during the public comment period or the scheduled public hearings, they will need to notify the Town host that they wish to speak. Town Manager Mitchell advised that for the public's benefit that may be joining the meeting via the zoom application, they should press the “raise hand” button in the Zoom application if they wish to address the Town Board. If the public is joining the meeting via telephone, they should press star 9 (*9) to raise hand. Town Manager Mitchell further advised that after an individual has raised their hand, they will enter a queue. When the time for public comment begins Mayor Byrne will ask the Town Host to recognize individuals wishing to speak by calling out their name, or the last four digits of their telephone number. Town Manager Mitchell stated that individuals will be unmuted and invited to address the Town Board. The public is asked to begin comments by clearly stating their name and address for the public record. The public is asked to keep all comments to three minutes so that all that wish to speak can be heard in a timely manner. Once an individual has finished addressing the Town Board, they will be muted for the remainder of the meeting. APPROVAL OF MINUTES 3A The April 20, 2021 minutes of the regularly scheduled meeting of the Town Board of Commissioners. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Recognition - Years of Service - Former Town Attorney Mark Cumalander Purpose – To recognize Mark Cumalander, former Town Attorney, for his years of service and dedication to the Town of Fuquay-Varina as legal counsel. Staff Comments – Town Manager Mitchell stated that Mark Cumalander served as Town Attorney from 1992 to 2018, a total of 26 years. During this time, he provided exceptional legal counsel during a period of rapid growth and development for the Town. Mayor Byrne presented former Town Attorney Cumalander with two plaques bearing his likeness, one plaque for him to take home, and the other to be mounted on the wall outside the Town Board room. Mayor Byrne also presented him with the key to the city and he thanked Tonya Cumalander (Mark’s wife) for the support that she gave him during his years of service. The Mayor and each member of the Town Board expressed their sincere appreciation to Mark Cumalander for his years of service to the Town for 26 years as Town Attorney. Mr. Cumalander thanked the Town Board for the honor and privilege to have represented the Town Board and other Boards of the Town, and he commended the Town for making good policy decisions throughout the years. 4B FY 22 Operating Budget and Five Year Operating and Capital Plan Presentation Purpose – To receive a presentation of the Town Manager's Fiscal Year 22 Recommended Budget and consider scheduling a public hearing on the FY 22 Budget for June 7, 2021. 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 regarding the agenda item and made the following remarks. On April 21, 2021, the Town's Governing Board received a presentation regarding the proposed FY 22 budget. A balanced budget and five-year operating and capital plan were presented and discussion about the impacts of growth on human resource needs, facilities, and the prioritization of infrastructure projects transpired. A recommendation was made that a public hearing be scheduled during the June 7, 2021, Town Board meeting related to the proposed FY 22 Budget. Town Manager Mitchell advised that in addition to receiving an abbreviated presentation of the Recommended Budget, the Town Board will be asked to take action to schedule a budget public hearing for June 7, 2021, as required by NC General Statute. Along with the pre-budget public hearing that the Town traditionally holds during the month of February, Town staff developed and advertised a budget survey during the month of February to provide citizens an additional opportunity to share their budget priorities in advance of the budget process. Questions allowed citizens to rank, in importance, various Town service areas and needs from the public's perspective. These areas of importance included Public Safety, Economic Stability and Growth, Transportation and Infrastructure, Environmental Sustainability, Vibrant Downtown, and Developmental Services. The final task was requesting ideas on services, initiatives, and projects that would enhance our community and be considered in the budget process. The Town received 335 survey responses, a much higher level of participation than the Town has historically experienced during the pre-budget public hearing. Of the responses, 75% self-identified as living in the Town limits. This sample gives feedback from citizens on what is important from their perspective. This survey is an additional step towards increasing citizen participation during the budget process, which advances one of the Town's Strategic Plan objectives: "Provide exceptional customer service while enhancing citizen engagement." The input received from the budget survey has enhanced the community's involvement and information sharing process in collaboration with the development of the FY 22 Recommended Budget. It should be noted that this budget makes significant investments in supporting Transportation and Infrastructure Construction Improvements (rated extremely or very important by 75.7% of survey respondents). Public Safety (73.0%), Economic Stability and Growth (55.4%), Development Services (52.7%), Environmental Sustainability (50.6%), and Vibrant and Accessible Downtown (48.8%) were also rated as extremely or very important by more than half of survey respondents. Nearly half of the survey comments addressed the need for transportation improvements and infrastructure keeping pace with development. Survey respondents commented on the need for sidewalk improvements, particularly to fill gaps in the pedestrian network between residential areas, retail corridors, and downtown. Other specific transportation improvements include widening existing portions of Judd Parkway, improvements to the Purfoy Road/Holland Road intersection, and expanding public transit options. Roughly 1/5 of the comments addressed growth needs, such as emphasizing the development of medical services, restaurants, and retail convenience to residents and focusing on redevelopment/recruitment to fill vacant retail spaces. Other comments addressed Parks and Recreation investments, Economic Development, Downtown Development, and other areas such as environmental sustainability. Additional comments addressed opportunities to expand recycling and yard debris collection and ensuring employee compensation positions the Town to recruit and retain talent. Management's recommendation is to schedule a budget public hearing for June 7, 2021, as required by NC General Statute. During this budget public hearing, the public will have the opportunity to offer input and feedback prior to budget adoption. Between May 3 and June 7, the public will have the opportunity to review the budget on the Town website as well as offer any input and/or feedback. The proposed FY 22 General Fund Budget totals $44,746,273. The recommended budget proposes a property tax rate of 39.5 cents for every $100 in value. The proposed budget also includes no change in water and sewer base or volumetric rates for the Enterprise Fund. Overall, customer growth will generate a slight increase in revenue necessary to cover the cost of water supply, wastewater treatment, and debt service associated with public utility infrastructure. Additionally, the proposed budget recommends adding a $10 eSports fee for residents and $15 for non-residents. Other than the addition of this fee for a new program, no additional fee changes are proposed from the FY 2021 Fee Schedule as amended. The Five Year Operating and Capital Plan are balanced, requiring the potential need for a three-cent tax increase in FY 23 to offset the expense related to the construction, personnel, and outfitting of a fourth fire station. Additionally, the Five-Year Plan identifies the potential need for a 2.5-cent tax rate increase in FY 2024 to offset the expense related to the construction, personnel, and operations associated with a Community Center North and Senior Center facility, and a potential three-cent increase in FY 2025 to offset the expenses related to the construction, personnel, and outfitting of a fifth fire station. The plan includes the addition of personnel, capital equipment, and capital projects to match the pace of growth and is consistent with the direction set by the Town Board at the Strategic Planning Retreat and the Town's 2021-2025 Strategic Plan. The Five-Year Plan also takes into consideration the recommendation from various Town master plans and studies. Additionally, the Five-Year Plan reflects the need for water and sewer volumetric rate increases in year three to offset the anticipated supplier increases and anticipates adjustments to water and sewer rates phased in Years 2-4 to cover the debt service required for additional water capacity for system users. No System Development Fee increases are assumed however a system development fee study is programmed for FY 22 which may result in modifications to existing system development fees. Additional information regarding the proposed budget can be found on the Town’s website at www.fuquay-varina.org/budget. Discussion – Commissioner Harris asked if sidewalks along Railroad Street is a part of the proposed pedestrian plan. Town Manager Mitchell stated that he would have to refer back to the master plan to see if that was a component, and he would get back with Commissioner Harris regarding this question. He stated that Wake County is beginning to go forward with another round of Community Development Block Grant (CDBG) funding and the Town is developing plans for paving, sidewalks and investment in infrastructure along Railroad Street, Lawrence Street and in the Lincoln Heights area. He stated that at some point the Town would decide what part of the plan would be implemented with CDBG funds or Powell Bill funds. Mayor Byrne stated that it would be good to have connectivity from West Jones Street up to Railroad Street. Town Manager Mitchell stated that sidewalk connectivity was a big part of the budget survey comments and the Town will be focusing on making strategic connections. He stated that the Town will be putting $300,000 aside per year for pedestrian improvements and will begin to prioritize funding in areas that need it most. Mayor Pro-Tem Massengill stated that the five-year plan does a good job for managing growth and planning for water and sewer infrastructure. He stated that the Town Board also discussed a future visitation of the five-year plan, possibly starting next year, in an approach to get our ratios on both police and fire personnel on target. He stated that currently the Town is just keeping up with the growth as it relates to those ratios. Town Manager Mitchell stated that we will revisit the ratios, likely on an annual basis. He stated that after this year, if our growth is holding stable, and our growth in tax base is performing better than our estimates, it would free up capacity for the Town Board to perhaps prioritize additional investments in police and fire personnel. Mayor Byrne stated that we will receive census population numbers in the fall which will give the Town a truer reflection on those percentages.  Mayor Pro-Tem Massengill stated that NCDOT should start releasing funds for approved Town transportation projects this year. He stated that the proposed budget, which is $50 million for the General Fund, is the largest budget that the Town Board has been asked to approve without having to do a tax increase. He stated that there are ancillary grants that the Town is receiving and therefore road projects don’t necessarily have to be funded with tax increases, which is a benefit to our citizens. Mayor Byrne commended Town Manager Mitchell and the staff for working hard to put in place the vision and goals of the Town Board for long term plans. Recommendation – Schedule a public hearing on the Town of Fuquay-Varina FY 22 Budget for June 7, 2021. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) PUBLIC COMMENTS 5A Christopher Miller, representing WakeMed on the upcoming rezoning and annexation, stated that he, along with the owners were available to answer any questions that the Town Board may have regarding their requests. Adam Bensley (no address stated) expressed his disappointment in the Town Board’s action to pause the work of the Public Safety Committee. He asked that the Public Safety Committee’s work be reinstated and that the Town Board lead the effort to have dialogue with the community. He also requested that a cultural assessment of the entire police department be implemented, and that these requests be put into action now. Mayor Byrne thanked Mr. Bensley for sharing his thoughts. Elizabeth Parent, 8620 Jordan Meadow Drive, Fuquay-Varina, stated that she has been watching what has been unfolding since the Malcom Ziglar incident. She stated that she sat and listened to the protesters that had gathered outside of Town Hall, and she hopes that the Town does better regarding the matter. Mayor Byrne thanked Ms. Parent for her comments. Cheryl Carter Ellis echoed the sentiments of Adam Bensley and Elizabeth Parent. She stated that for the last two meetings there have been community members outside of Town Hall to protest their disappointment in the disbanding of the Public Safety Committee. She stated that so many people have made it clear that the community wants transparency and a cultural assessment of the Police Department. She also stated that she personally would like to know why the arresting Police Officer in the Malcom Ziglar case, left his employment in Durham to become a police officer in Fuquay- Varina. She stated that hearing the elected officials say “I hear you” without answering anything that has been extremely frustrating. Mayor Byrne thanked Ms. Ellis for presenting this information to the Town Board. April Dedens, 6121 Hip Lane, Fuquay-Varina, stated that it was definitely a slap in the face when so many people spoke up and said that they want dialogue with the community, and she asked that the work of the Public Safety Committee be reinstated. She also asked for a cultural assessment of the Police Department. Mayor Byrne thanked Ms. Dedens for her comments. Will Wingfield (no address stated for the record) stated that it’s kind of embarrassing to watch the way that this is playing out. He stated that he was just getting back from Elizabeth City and that there are lots of similarities in the communities (in reference to the recent fatal shooting of Andrew Brown Jr. by law enforcement officers in Elizabeth City, NC). He stated that he was appalled about how many people have told him that they emailed the governing board and did not get responses. He stated that people in the community have some concerns that need to be addressed. Mayor Byrne thanked Mr. Wingfield for his comments. After hearing no further requests from members of the public to address the Town Board, Mayor- Pro-Tem Massengill stated that he did not see similarities in the Town of Fuquay-Varina and Elizabeth City. He stated that this is a fine Town council that supports its police department. He offered that the Fuquay-Varina Police Department has been proactive, progressive and worked on many ways of trying to be involved with the community. Commissioner Harris stated that given this current environment, we have to hear, and not ignore some of the concerns that have been raised to try to avoid anything similar to what is happening throughout the nation. The ideas expressed to the Town Board is to have transparency and accountability at some level so people who feel as if there’s not necessarily fairness and equity in regard to policing can be heard. He stated that as a Board, we need to have a conversation about how we can address these concerns, and how we can at least look at what is being expressed tonight. He stated that he does not feel that the comments that were made tonight in the spirit of not appreciating our law enforcement or the efforts of the Police Department, but it is out of genuine concern.  Mayor Byrne asked Town Manager Mitchell to respond to the concerns made by the public and Commissioner Harris. Town Manager Mitchell reported that last week he responded to a group of citizens known as the Fuquay-Varina Community Alliance and he, along with Police Chief Laura Fahnestock, met with three members of that group on behalf of the Town. He stated that the Fuquay-Varina Community Alliance is comprised of about 10 or 12 representatives from the community who previously expressed their thoughts during the Public Safety Committee meetings and on social media. These are citizens who truly want to be involved in helping local government and helping the elected officials make our town even better than it already is today. He stated that the meeting was very positive and productive, and he believes that each Town Board member received an email from a member of the group regarding the discussions that took place at the meeting. The meeting with the Community Alliance representatives included discussions of a cultural assessment, diversity, equity and inclusion, training for employees and what is public record and what is not public record. Police Chief Fahnestock talked about how to facilitate data getting into the hands of the community so that they can be informed and directing citizens to the information that already exists. One of the take-aways from the meeting was to continue to have open dialogue and conversation. The goal is to talk about ways that the Town/local government, the Town Board, management and professional staff can work with our community to address valid and honest concerns that they have in a productive and positive way. Town Manager Mitchell stated that he has committed to continue to work with the group in upcoming consistent and planned meetings to produce a joint and unified statement of unity between local government and the community. He also committed, as discussed, to do further research and analysis on cultural assessments, not specifically for the Fuquay-Varina Police Department, but a cultural assessment for the organization which would include the Fuquay-Varina Police Department, if needed. He stated that there will be opportunity in the future for Board members and the Mayor to attend these meetings and be a part of the dialogue. Town Manager Mitchell stated that he was extremely impressed with the positive spirit of collaboration and cooperation from those who represented this grassroots community group. Mayor Byrne thanked Town Manager Mitchell and Police Chief Fahnestock for meeting with the representatives from the Community Alliance. ITEMS PREVIOUSLY TABLED 6A There were no items previously table for the May 3, 2020 Town Board meeting. PUBLIC HEARINGS 7A Zoning Map Amendment & Land Use Plan Amendment - WakeMed Property Services - 2400 N Main Street - PIN 0677667648 - REZ-2021-02 Purpose – To consider a requested zoning map amendment for a total of 18.623 acres, located at 2400 N Main Street from the Residential Agricultural (RA) Zoning District and General Commercial (GC) Zoning District to the General Commercial Conditional Zoning District (GC-CZD) and the corresponding Land Use Plan amendment from Mixed-Use Neighborhood (MUN) to Suburban Office (SO). 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 subject property totals 18.623 acres and is located in the Town's extraterritorial jurisdiction (ETJ). The property is the subject of an annexation petition request (ANX-2021-03). Currently there are two (2) accessory structures on the property. The zoning map amendment petition requests approval of the General Commercial Conditional Zoning District (GC-CZD). This zoning district is intended to permit a mix of high intensity non- residential development of convenience services, retail, office, institutional, regional retail, shopping, employment centers, and service uses. The petitioner has requested the following permitted use conditions be made applicable to the subject property: The following uses shall be prohibited: • Adult Uses • Pet Service • Electronic Sweepstakes Gaming Operation • Automotive Repair • Carwash • Towing Service & Storage • Vehicle Service Station • Automotive Express Service • Mixed-Use Development  • Live/Work Unit • Banquet Hall/Cultural Adaptive Use • Congregate Living Facilities • Family Care Home • Group Home • Vehicle/Charter Services • Place of Worship • Place of Worship, Temporary • Recycling Collection Station • Recycling Transfer Center • Broadcasting Station • Beach Bingo • Game Room • Golf Course • Brew Pub • Bulk Goods, Retail • Convenience Cash Business • Convenience Store/Kiosk • Dry Cleaning/Laundromat • Pawnshop • Shopping Center • Specialized Repair Service • Tire Sales & Service • Vehicle Parts and Accessories, Retail • Automotive Paint and Body Shop • Vehicle, Boat, Equipment Sales and/or Rental • Special Trade Contractor • Storage Facility • Wholesale Trades • Wholesale Building Supply • Yard Sale • Greenhouse/Nursery • Kennel, Commercial Boarding, Breeding • Kennel, Private Use/Domestic Animals. Surrounding properties are a mix of cleared agricultural land, single-family residential, commercial, and institutional. Residential properties are located on each side of the property; however, the highest concentration is located to the south and east of the subject property. Commercial uses are located southwest of the property. Furthermore, two (2) churches are located east and southwest of the property. The 2035 Community Vision Land Use Plan (LUP) designates the subject property as the Mixed-Use Neighborhood (MUN) classification. Since the requested zoning is incompatible with the designation of MUN, the petitioner has included a Land Use Plan amendment as part of this zoning map petition, which will be described later in this report. Public water and sewer are available to serve the subject property. The subject property has access to N Main Street (US 401). The 2035 Community Transportation Plan (CTP) classifies N Main Street as a 200-foot right-of-way and is identified as being a six (6)-lane, median divided road with a sidewalk and side path, with a carrying capacity of 85,600 ADT. It is currently a four (4)-lane median-divided road with a carrying capacity of 36,600 ADT. 2019 NCDOT traffic counts taken approximately one (1) mile south of the subject property on N Main Street indicated a volume of 28,500 ADT. In addition to access to N Main Street, the CTP calls for the future Fuquay-Varina Parkway to bisect the property from east to west. It is classified as a 120-foot right-of-way and identified as being a four (4)-lane, median divided road with side paths. Future development of the site will require dedication of the proposed right-of-way and construction of two travel lanes with a side path. The petitioner held a neighborhood meeting on March 10, 2021 via the Microsoft Teams web application. The meeting report is attached, and staff takes no position as to its content. The 2035 Community Vision Land Use Plan (LUP) calls for the Mixed-Use Neighborhood (MUN) classification at the subject property. The petitioner has proposed a Land Use Plan amendment from Mixed-Use Neighborhood to Suburban Office (SO) as it is more compatible with the intended and surrounding uses. Land classified as SO is intended to support opportunities to concentrate employment in the Town during normal workdays. SO designated property includes both large- scale isolated buildings with numerous employees as well as areas containing multiple businesses that support and serve one another. They are typically buffered from surrounding development by transitional uses or landscaped areas and are often located in close proximity to major highways or thoroughfares. This amendment supports the LUP’s recommendation, LU.3 Encourage Transitional Uses and Intensities in and around Project Boundaries, which is intended to improve visual and spatial compatibility with surrounding uses. Additionally, 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's 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 Mixed-Use Neighborhood, the petitioner has opted to request a change of the Land Use Plan to Suburban Office, which is appropriate to the surrounding and proposed uses. 2) The requested zoning map amendment is consistent with the 2035 Community Vision Land Use Plan's recommendations LU.3 Encourage Transitional Uses and Intensities in and around Project Boundaries and CF.1 - Invest in Existing Growth Areas. 3) Conditions proposed by the petitioner effectively limit future development so that it is compatible with the surrounding areas. At the April 19, 2021 regular meeting, the Planning Board unanimously voted to recommend approval. Public Hearing – The public hearing was opened. No one spoke in favor of, or in opposition to the zoning map amendment and Land Use Plan Amendment. The public hearing was closed. Discussion – Mayor Pro-Tem Massengill stated that he was excited about WakeMed placing a medical related facility in Town. Mayor Byrne agreed that this is an exciting day for Fuquay-Varina. Recommendation – Approve REZ-2021-02, a zoning map amendment at 2400 N Main Street, from the Residential Agricultural (RA) Zoning District and the General Commercial (GC) Zoning District to the General Commercial Conditional Zoning District (GC-CZD) and the corresponding Land Use Plan amendment from Mixed-Use Neighborhood (MUN) to Suburban Office (SO). The proposed zoning map amendment and corresponding Land Use Plan amendment are consistent with the 2035  Community Vision Land Use Plan and 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) 7B Voluntary Annexation Petition - WakeMed Property Services, 2400 N. Main Street - PIN 0677667648 - ANX-2021-03 Purpose – To consider the adoption of an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a voluntary annexation petition of property owned by WakeMed Property Services, containing a total of approximately 18.623 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 is contiguous to the Town's corporate limits. Water is available to the property, having fire flow at the subject property of 2,000 - 3,000 gallons per minute. Sewer is also available to the property. The Town will not be required to provide garbage services to the property as the property is intended to be a non-residential use. At the April 20, 2021 regular 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 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 May 3, 2021 Town Board meeting. Public Hearing – The public hearing was opened. No one chose to speak in favor of, or opposition to the voluntary annexation petition. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by WakeMed Property Services - ANX-2021-03 as presented and recommended.  MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-21-14 7C Zoning Map Amendment & Land Use Plan Amendment - Patrick Riley, Jernigan Commercial Properties, LLC - 3995 & 4001 Hilltop Needmore Road - PINs 0688121644, 0688120572, & 0688122812 - REZ-2021-03 Purpose – To consider a requested zoning map amendment for a total of 1.303 acres, located at 3995 & 4001 Hilltop Needmore Road from the Residential Agricultural (RA) Zoning District to the Corridor Commercial Conditional Zoning District (CC-CZD) and the corresponding Land Use Plan amendment at 3995 Hilltop Needmore Road (PIN 0688120572) from Rural Residential (RR) to Suburban Office (SO). 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 subject properties total 1.303 acres and are located in the Town's Extraterritorial Jurisdiction (ETJ). The properties are subject to annexation. An annexation petition is not being submitted at this time. There is currently a single-family home on one (1) of the properties (PIN 0688122812). A recombination plat at the subject properties was recently recorded for PINs 0688120572 & 0688121644, but since they are in different jurisdictions, they are mapped separately by Wake County for tax purposes. Once the annexation petition is complete and both lots are within the corporate limits, they will be mapped as one (1) lot. The zoning map amendment petition requests approval of the Corridor Commercial Conditional Zoning District (CC-CZD). This zoning district is intended to accommodate medium-scale intensity non-residential development of a mix of convenience services, retail, office, and limited institutional uses. The petitioner has requested the following permitted use conditions be made applicable to the subject properties. Prohibited uses shall include: • Palm Reader - Beach Bingo  • Bar/Night Club • Pawn Shop • Convenience Cash Business • Recycling Collection Station • Recycling Transfer Center • Automotive Express Service • Automotive Repair • Car Wash/Auto Detailing • Service Station/Center • Tire Sales & Services • Congregate Living Facilities • Banquet Hall/Cultural Adaptive Use • Conference Center • Stadium/Arena • Drive-In Movie Theater • Ambulatory Healthcare • Hospital/Medical Center • Park & Ride • Parking Deck • Transit Terminal Uses • Vehicle/Charter Services • Substation-Electrical • Game Room • Golf Course. Surrounding properties are a mix of single-family residential and commercial. Residential properties are generally to the north, south, and west of the subject properties. To the immediate north is the Brighton Ridge subdivision, currently under construction, and the Food Lion shopping center and Crossroads Ford car dealership are to the east and southeast of the properties. The 2035 Community Vision Land Use Plan (LUP) calls for the Suburban Office (SO) and Rural Residential (RR) classifications at the subject properties. The petitioner has included a Land Use Plan amendment for 3995 Hilltop Needmore Road (PIN 0688120572) as part of this zoning map petition, which will be described later in this report. Public water is available to serve the subject properties. Sewer service to the site will be extended by the developer. The subject properties have access to Hilltop Needmore Road. The 2035 Community Transportation Plan (CTP) classifies Hilltop Needmore Road as a 110-foot right-of-way and is identified as being a four (4)-lane, median divided road with side paths with a carrying capacity of 36,600 ADT. 2019 NCDOT traffic counts indicate a volume of 9,600 ADT. It is currently a 60-foot right-of-way, two (2)- lane road with a carrying capacity of 12,800 ADT. The petitioner held a neighborhood meeting on March 22, 2021 via the Zoom web application. The meeting report is attached, and staff takes no position as to its content. The 2035 Community Vision Land Use Plan (LUP) calls for the Rural Residential (RR) classification at 3995 Hilltop Needmore Road (PIN 0688120572) which is inconsistent with the proposed zoning district. The petitioner has included a Land Use Plan amendment from Rural Residential (RR) to Suburban Office (SO) to allow for land use consistency across the subject properties. Land classified as Suburban Office is intended to support opportunities to concentrate employment in the Town during normal workdays. They include both large-scale isolated buildings with numerous employees as well as areas containing multiple businesses that support and serve one another. They are typically buffered from surrounding development by transitional uses or landscaped areas and are often located in close proximity to major highways or thoroughfares. This amendment supports the LUP’s recommendation, LU.3 Encourage Transitional Uses and Intensities in and around Project Boundaries, which is intended to improve visual and spatial compatibility with surrounding uses. Additionally, 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's 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 Suburban Office for 3995 Hilltop  Needmore Road (PIN 0688120572), which allows for consistency across the subject properties and is more appropriate to the surrounding and proposed uses. 2) The requested zoning map amendment is consistent with the 2035 Community Vision Land Use Plan's recommendations LU.3 Encourage Transitional Uses and Intensities in and around Project Boundaries and CF.1 - Invest in Existing Growth Areas. 3) Conditions proposed by the petitioner effectively limit future development so that it is compatible with the surrounding areas. As noted in the Neighborhood Meeting Report, there were restrictive covenants applicable to this property. It has been confirmed that the covenants were terminated on August 20, 2020 with signatures of a majority of the current owners of lots in the Hilltop Village Subdivision. At the April 19, 2021 regular meeting, the Planning Board unanimously voted to recommend approval. Public Hearing – The public hearing was opened. Patrick Riley with Jernigan Commercial Properties, LLC, 119 S. Fuquay Avenue, spoke in favor of the proposed zoning map and Land Use Plan amendment as both the owner and a future business tenant at the site. Judith “Ann” Baker spoke in opposition to the proposed requests. She stated that she owns property located at 4005 Hilltop Needmore Road, which is approximately 1.3 acres, and she stated that the surrounding properties are residential. She stated that her major concern would be the light and the noise coming from this commercial property if rezoned. The public hearing was closed. Discussion – Mayor Pro-Tem Massengill encouraged staff to look at alternatives that puts sidewalks in but maybe not road improvements or payment in lieu if that was the best investment to go there versus using the money on a different project. He stated that this proposal could be considered at the time that the Town Board considers the site plan. Commissioner Wunsch agreed and stated that the property is surrounded by commercial, and the Town potentially has a lot of commercial coming to that area. Town Manager Mitchell stated that except for a back portion of the property, all the road frontage on our future Land Use Plan calls for suburban office, so it’s not like it calls for residential and the petitioner is requesting a complete change from the future Land Use Plan. He stated that the only thing that is not consistent is the back portion of the property, which the petitioner would like to be consistent with their entire proposed development. Recommendation – Approve REZ-2021-03 a zoning map amendment at 3995 & 4001 Hilltop Needmore Road, from the Residential Agricultural (RA) Zoning District to the Corridor Commercial Conditional Zoning District (CC-CZD) and the corresponding Land Use Plan amendment at 3995  Hilltop Needmore Road (PIN 0688120572) from Rural Residential (RR) to Suburban Office (SO). The proposed zoning map amendment and corresponding Land Use Plan amendment are consistent with the 2035 Community Vision Land Use Plan and 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 Smith MOTION RESULTS: Passed (4-1) Commissioner Harris voted in opposition to the petition because he feels that this particular zoning will change the nature of the residential neighborhood. CONSENT AGENDA 8A Special Event and Amplified Sound Permit Request - M.A.N.iFEST Juneteenth Pre-Recording - May 23, 2021 Purpose – To consider approval of a special event and amplified sound permit for the M.A.N.iFEST Juneteenth pre-recording event scheduled for May 23, 2021. Recommendation – Approve the special event and amplified sound permit for the M.A.N.iFEST Juneteenth pre-recording event scheduled for May 23, 2021, as presented, and recommended. 8B Special Event Permit Request - Cultural Arts Society of Fuquay-Varina (CASF-V) Flea Market - May 15, 2021 Purpose – To consider approval of a special event permit for the Cultural Arts Society of Fuquay- Varina (CASF-V) Flea Market event scheduled for May 15, 2021. Recommendation – Approve the special event permit for the CASF-V Flea Market event scheduled for May 15, 2021, as presented, and recommended. 8C Recreation Unit Fee-In-Lieu - Summerdale II Subdivision Purpose – To consider acceptance of a fee-in-lieu for Recreation Unit Fees for the Summerdale II subdivision in the amount of $35,116.00.  Recommendation – Approve the fee-in-lieu request for Summerdale II subdivision in the amount of $35,116.00 for Recreation Unit Fees as presented and recommended. 8D Recreation Unit Fee-In-Lieu – Sippihaw Springs Subdivision - SUB-PR-2020-13 Purpose – To consider acceptance of a fee-in-lieu for Recreation Unit Fees for the Sippihaw Springs subdivision in the amount of $11,427.00. Recommendation – Approve the fee-in-lieu request for Sippihaw Springs subdivision in the amount of $11,427.00 for Recreation Unit Fees as presented and recommended. 8E Recreation Unit Fee-In-Lieu - The Preserves at Holland Subdivision - SUB-PR-2020-12 Purpose – To consider acceptance of a fee-in-lieu for Recreation Unit Fees for The Preserves at Holland subdivision in the amount of $50,000.00. Recommendation – Approve the fee-in-lieu request for The Preserves at Holland subdivision in the amount of $50,000.00 for Recreation Unit Fees as presented and recommended. A motion was made to approve all items (8A – 8E) on the Consent Agenda. MOTION Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Resolution - Intent to Proceed with GO Bond Referendum Purpose – To consider adoption of a resolution stating the intent to proceed with a general obligation bond referendum for parks and recreation and transportation improvements. 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. Construction and operation of a Community Center North and Senior Center has been an objective of the Parks, Recreation, and Cultural Resources Facility Master Plan, and has been identified in the Five-Year Plan as an item that could be funded with a bond referendum. The Community Center North and Senior Center are currently being designed, to be located within Hilltop Needmore Town Park and Preserve and adjacent to the future site of Hilltop Needmore Road Elementary School. Construction of this facility is currently estimated at $11.5 million. In addition to this project, investments in additional greenways, additional investment at Hilltop Needmore Park and Preserve and other Town parks, and land acquisition or construction for future Town parks are possible uses for GO Bond revenues. General Obligation bonds allow the Town to finance projects at the lowest possible cost due to pledging the full faith and credit of the Town, and the Town's favorable bond rating allows the Town to borrow money at very low interest rates. Under NC General Statutes, General Obligation bonds require voter approval. An additional benefit of a General Bond Referendum is that it allows the Town to ensure there is voter support for a particular project or program prior to issuing debt which may require a tax increase to support. In the case of the Community Center and Senior Center, a tax rate increase of 2.5 cents is necessary to cover the debt service and operating costs of an $11.5 million 45,000 square foot facility. Town management and staff recommend seeking voter authorization to issue up to $18.5 million in recreation bonds, which will provide the Town flexibility in funding these and other parks and recreation priorities. Additionally, recreation bonds could be used to fund the Town cash match requirement on a future greenway construction grant opportunity. In addition to the $18.5 million of Parks and Recreation facilities, Town management recommend seeking voter approval for $20 million in transportation bonds. The most recent $21 million Transportation Bond Referendum approved in 2015 has allowed the Town to leverage bond funding with a substantial amount of Federal grants, which has advanced numerous transportation improvements in Town, most notably Northeast Judd and Main Intersection Improvements, Sunset Lake/Purfoy/Main Street Intersection Improvements, and construction of Northwest Judd Parkway. While no specific project has yet been identified for use of these funds, it is unlikely that the Town is done making transportation improvements and funding flexibility will best position the Town to advance this important community priority at the lowest possible cost to the taxpayer. The Town Board is asked to take action tonight on a resolution that is the first step required by the North Carolina Local Government Commission to place a referendum on the November 2, 2021 municipal election ballot. This action includes appointing the Town Manager as authorized representative and authorizing the Finance Director to proceed with the application to NC Local Government Commission. This action will not be the final step by the Town Board, and the Board will be able to reduce but not increase the amount for the bond referendum once beginning the process of LGC approval. Although there are various financing options available for Town projects, GO bonds typically bring the best interest rate are a more attractive mechanism for financing these types of projects in the financial market. The amount of GO bonds is proposed at $18.5 million for Parks and Recreation Facilities and $20 million for Transportation. The estimated debt service for these projects is approximately $2.4 million annually for issuance of the total amount for 20 years. This is a tax equivalent of 5 cent on the current tax base of $4.9 Billion. Although the exact amount of debt service is unknown until issuance, management plans to minimize the impact on the tax rate with growth in other revenues and tax base. The only specific project identified as specifically funded with GO Bonds in the proposed Five- Year Plan is the Community Center North and Senior Center Project, and the tax rate impact of debt service and operations for this facility is accounted for in the Five-Year Plan. Discussion – Mayor Pro-Tem Massengill recommended that at the time that the Town starts providing public information about the bond to the citizens, that we have a menu of possible transportation projects defined. Town Manager Mitchell agreed and stated that there are specific laws that the Town must follow as it relates to promoting a bond referendum, however there could be a citizens group that might lead the advocacy of the bonds, as was done for the 2015 bonds. Commissioner Smith stated that we have used these bonds in the past to leverage a lot of grant money and to have that availability has allowed us to do numerous road projects, greenway improvements and construction that we may not have been able to do otherwise. Commissioner Gardner stated that the connectivity for pedestrian traffic between the two downtown districts is also a transportation issue, and with the Fuquay-Varina High School returning to its original location it will be even more important for the safety of those students. Bond Counsel Bob Jessup was available for questions but there were technical difficulties with his audio. Finance Director JoAnne Crabtree stated that the proposed action by the Town Board would  give staff the authorization to start the process to get the questions on the ballot for our citizens to vote on in the upcoming election. Recommendation – Approve the Resolution of Intent for Bond Referendum, appoint the Town Manager as Authorized Representative, appoint Sanford Holshouser LLP as Bond Counsel, and direct the Town Manager and Finance Officer to proceed with application to the LGC and execute documents in support of the Bond Referendum including a public notice of intent. MOTION: Commissioner Smith SECOND: Mayor Pro-Tem Massengill MOTION RESULTS: Passed Unanimously (5-0) Resolution No. 21-1701 10B Preliminary Subdivision Plat - Summerdale II - SUB-PR-2019-08 Purpose – To consider a preliminary subdivision plat submitted by C. Gregory Bagley, called Summerdale II, located at 131 Coley Farm Road. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. The submitted preliminary subdivision, Summerdale II, is located at 131 Coley Farm Road, on 6.52 acres in the Residential Medium Density (RMD) zoning district. The preliminary subdivision plat proposes 38 residential lots meeting the standards for a conventional townhouse development. The minimum provided townhouse lot size is 1,825 square feet and the maximum provided townhouse lot size is 2,331 square feet. Following the 15% open space requirement for townhouse developments, a minimum of 0.98 acres of overall open space is required. There are 3.15 acres of overall open space provided. Vehicular access to the project area is provided via a connection to Coley Farm Road. Coley Farm Road is classified by the 2035 Community Transportation Plan (CTP) as a local street and is currently a 60-foot right-of way with two (2) lanes. Approximately 0.23 miles from the subject property on Coley Farm Road, 2019 NCDOT traffic counts indicate a volume of 1,400 average daily trips (ADT). The carrying capacity for Coley Farm Road is 12,400 ADT. One street stub will be provided to the east of the site.  Public water and sewer are available to serve the subject properties and will be installed by the developer. Townhome developments are a permitted use in the RMD zoning district. This property has no zoning conditions pertaining to use or character of the proposed development. The applicant and the current developer have confirmed that the Summerdale II Townhomes will consist of three different home plans with varied elevations. The plans will be constructed using vinyl siding with masonry accents. All townhome units will be two-story buildings with 2-car garages. The dwelling units will consist of a mix of 24’ and 26’ wide units and the overall square footage of the homes will range from 1,400-2,000 square feet. The proposed preliminary subdivision plat meets all Town requirements, as such management and staff recommend approval. At the April 19th, 2021 regular meeting, the Planning Board found the subdivision plat consistent with Town requirements and voted unanimously to recommend approval. Discussion – There was no discussion from members of the Town Board regarding the preliminary subdivision plat for SUB-PR-2019-08. Recommendation – Approve the Summerdale II preliminary subdivision plat, SUB-PR-2019-08, as presented and recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) 10C Preliminary Subdivision Plat - Sippihaw Springs - SUB-PR-2020-13 Purpose –To consider a preliminary subdivision plat submitted by Timmons Group, called Sippihaw Springs, located at 1816 Old Bramble Lane. 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 submitted preliminary subdivision, Sippihaw Springs, is located 1816 Old Bramble Lane on 9.48 acres in the Residential Medium Density (RMD) zoning district. The preliminary subdivision plat proposes 16 residential lots meeting the standards for a conventional subdivision development. The minimum lot size permitted is 10,000 square feet. The minimum lot provided in this subdivision is 10,040 square feet with the average lot size of 12,756 square feet. There are 3.62 acres of overall open space provided. Vehicular access to the project area is provided via Old Bramble Lane, from the adjacent Lakestone Village Subdivision. Old Bramble Lane is classified by the 2035 Community Transportation Plan (CTP) as a local street, maintained by the Town and therefore does not have available traffic counts. Public water and sewer utilities are available to serve the subject property and will be installed by the developer. Single family detached developments are a permitted use in the RMD zoning district. This property has no zoning conditions pertaining to use or character of the proposed development. The proposed preliminary subdivision plat meets all Town requirements, as such management and staff recommend approval. At the April 19th, 2021 regular meeting, the Planning Board found the subdivision plat consistent with Town requirements and voted unanimously to recommend approval. Discussion – There was no discussion from members of the Town Board regarding the preliminary plat for SUB-PR-2020-13. Recommendation – Approve the Sippihaw Springs preliminary subdivision plat, SUB-PR-2020-13, as presented and recommended. MOTION: Commissioner Wunsch SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) 10D Preliminary Subdivision Plat - The Preserves at Holland - SUB-PR-2020-12 Purpose – To consider a preliminary subdivision plat submitted by Curry Engineering, called The Preserves at Holland, located at 0, 0, 804, 806, 808 & 820 Holland Road. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. The submitted preliminary subdivision, Preserves at Holland, is located at 0, 0, 804, 806, 808 & 820 Holland Road, on 28.28 acres in the Residential Low Density Conditional Zoning District (RLD-CZD) with the following condition regarding the use of the site: 1) Single family detached homes only. The following conditions are site-specific standards of the subject property: 1) Maximum density of two (2) dwelling units per acre. 2) Minimum 15' or 20' Type B perimeter buffer along the 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 minimum. 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: a) Windows b) Bay Window c) Recessed Window d) Decorative Window Trim around the Windows e) Wrap Around Porch or Side Porch f) Enclosed Porch g) Two or More Building Materials h) Decorative Brick/Stone i) Decorative Trim j) Decorative Shake k) Decorative Air Vents on Gable l) Decorative Gable Decorative Cornice m) Column n) Portico o) Balcony.  The preliminary subdivision plat proposes 50 residential lots meeting the standards for a conventional subdivision development. The minimum lot size permitted is 14,500 square feet. The minimum lot size proposed for this subdivision is 15,018 square feet with the average lot size of 20,719 square feet. There are 1.22 acres of overall open space provided. Vehicular access to the project area is provided via a connection to Holland Road. Holland Road is classified by the 2035 Community Transportation Plan (CTP) as a 70-foot right-of-way with two (2) lanes, sidewalk, and side paths. Holland Road is currently a 60-foot right-of way with two (2) lanes. 2019 NCDOT traffic counts on Holland Road indicate a volume of 3,400 average daily trips (ADT). The carrying capacity for Holland Road is 11,800 ADT. This development will be responsible for half of the future right-of-way dedication and construction. The addition of two (2) stub roads will be provided; one to the west of the site and one to the east of the site. Public water and sewer utilities are available to serve the subject properties and will be installed by the developer. The proposed preliminary subdivision plat meets all Town requirements, as such management and staff recommend approval. At the April 19th, 2021 regular meeting, the Planning Board found the subdivision plat consistent with Town requirements and voted unanimously to recommend approval. Discussion – There was no discussion from members of the Town Board regarding the preliminary plat for SUB-PR-2020-12. Recommendation – Approve The Preserves at Holland preliminary subdivision plat SUB-PR-2020-12, as presented and recommended. MOTION: Commissioner Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) 10E Design Build Contract Award - Fire Station No. 4 - Design-Build Team Bobbitt Construction - $380,000.00 Purpose – To approve the Design-Build Contract with the Design-Build Team of Bobbitt Construction, Inc. for 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. During the February 1, 2021, Town Board Meeting, the Town Board approved the selection of Bobbitt Construction Inc. as the Design-Build Team to design and construct Fire Station No. 4. During this meeting, the Town Board also authorized the Town Manager to enter into contract negotiations with Bobbitt Construction, Inc. Since receiving authorization from the Town Board, management and staff have worked diligently with Bobbitt Construction Inc. to negotiate the design- build contract for the Fire Station No. 4 project. The proposed design-build agreement includes information relating to Town (the Owner) and the Contractors (the Design-Builder) obligations on pre-construction services, resulting in site and building plans for permitting. Town staff has identified the following milestones components for the agreement: • Issue the Notice to Proceed • Schematic Design 8 weeks after Notice to Proceed • Design Development 10 weeks after comments received on Schematic Design • Construction Documents 12 weeks after comments on Design Development with a total design time of 30 weeks. After approval of the Design-Build Contract, management and staff will begin working with the Design-Build Team on the Fire Station design. Once the project milestones have been reached and completed, management and staff will come back to the Town Board with a construction cost for consideration and approval. Once the contract amendment has been approved, the Substantial Completion date will be set for 240 calendar days from the date of receipt of all permits and notice to proceed. Management, staff, and the Town Attorney have reviewed and recommend approval of the contract as presented. If approved by the Town Board, funding for the Design-Build Contract will come from the Fire Station No. 4 project fund. The proposed $380,000.00 Design-Build Fee is within the Fire Station No. 4 project budget. An amendment to the contract will be presented at a later date that addresses cost of construction. Discussion – There was no discussion from members of the Town Board regarding the Design-Build Contract award.  Recommendation – Approve the Design-Build Contract for Fire Station No. 4 in the amount of $380,000.00 as presented and recommended subject to Town Attorney review as to form. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Town Manager’s Report Inspections Department: The Town has issued 180 new single family home permits for the month of April thus far, and for the calendar year in four months, they issued 682 single family permits. Public Utilities Department: The department had their new combo truck delivered last week and the department employees are being trained on this piece of equipment prior to it being deployed into service. Downtown Development: The downtown had new pavers installed by the kiosk on S. Main Street. Arts Center: The department just completed a successful weekend of Town dance recitals and dance recitals from other dance studios. The new Bengal cubs (8) are out around Town for people to find. Rental requests are picking up and there are a few registration spots left for adults and kids summer camps and classes. Parks & Recreation Department: Notice to proceed has been signed and the contractor will soon begin the renovation project on the Hilltop Needmore Town Park and Preserve clubhouse project on May 10th. IT Department: The department has been very busy setting up the Town Board room for tonight’s meeting to allow small steps back to a pre-COVID meeting environment. Town Manager Mitchell thanked IT Director Scott Clark and his staff for working to make this possible in such a short span of time.  Finance Department: Town Manager Mitchell recognized Finance Director JoAnne Crabtree, Assistant Finance Director Nicole Stevens and their staff for their efforts and hard work on the budget, the bond referendum and materials for tonight’s agenda. He reported that the budget document will be available for public inspection beginning tomorrow morning on the Town’s website. 11. B Project Status Report – May 2021 11. C COVID-19 Testing Site - Fleming Loop Park - May 6-9, 2021 - 8:30 am - 3:00 pm 11. D Ribbon Cutting - NW Judd Parkway - Friday May 7, 2021 - 10:00 am - Intersection of Hwy 42 and NW Judd Parkway. Our guest for this event includes U.S. Congresswomen Deborah Ross, N.C. Department of Transportation Secretary Eric Boyette, N.C. Senator Sydney Batch and N.C. House of Representative member Erin Pare. 11. E COVID-19 Vaccine Clinic - Wake County - Southern Regional Center - May 10-14, 2021 - More information at wakegov.com/vaccine BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill – No comments Commissioner Smith – No comments Commissioner Harris – No comments Commissioner Wunsch – stated that it was good to be at an outdoor Town concert again, referencing the concert held on April 22, 2021 at Centennial Park. Commissioner Gardner – stated that there is a group of seniors who have advocated for along time for a Senior Center, and they will be happy to know that the Town has started the bond referenda process to help with this project. She stated that this past weekend, the Fuquay-Varina Downtown Association had their En Plein Air event and it was a lot of fun in spite of the rain. She stated that she heard someone talking about having a large En Plein Air event in this area with 200 artists to paint and possibly compete for a world record. Mayor Byrne – reviewed other meetings that he attended in the previous week as well as upcoming events as follows:  Past Events 4/21 – Campo Meeting 4/23 – NC Metro Mayors Weekly Legislative Call 4/27 – Lincoln Heights Environmental Connections – Award Presentation – Watershed Stewardship School Award 4/30 – NC Metro Mayors Weekly Legislative Call Upcoming Events 5/7 – Ribbon Cutting NW Judd Parkway -10:00 am 5/7 – NC Metro Mayors Weekly Legislative Call 5/12 – Chamber Ribbon Cutting – Promotional Partners – Apex, NC 5/14 – NC Metro Mayors Weekly Legislative Call 5/17 – Wake County Mayor’s Association Meeting CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege and N.C.G.S. 143-318.11 (a) (6) Personnel A motion was made to hold a closed session meeting at 11:02 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (5-0) RETURN TO OPEN SESSION____________ The Town Board returned to open session at 11:51 p.m. reporting out of closed session an amendment to the Town Manager’s employment contract. ADJOURNMENT A motion was made to adjourn the meeting at 11:52 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) The minutes from the May 3, 2021 Town Board of Commissioners regularly scheduled meeting are adopted this 18th day of May 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