Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting June 7, 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, June 7, 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 Marilyn Gardner, William Harris, Jason Wunsch and Larry Smith. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Information Technology Director Scott Clark, Town Clerk Rose Rich, and Town Attorney James Adcock. 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 Police Captain Brett Walsh led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager Mitchell reviewed the meeting protocol as follows: Tonight’s meeting is our first hybrid meeting since April 2020 when all public meetings went virtual due to safety protocols and COVID-19 state mandates related to mass gatherings. Tonight’s meeting is both in- person and virtual. A limited number of citizens from the public have been permitted to attend the meeting in person. 50% of seating availability is permitted by the Town at this time for public meetings. Tonight’s meeting contains scheduled public hearings and a public comment period. Due to the hybrid nature of the meeting, the public will be invited to comment both in person and virtually via the Zoom virtual meeting platform. When it is the appropriate time, Mayor Byrne will first call on those wishing to address the Town Board that are attending in-person followed by those wishing to address the Town Board via the Zoom platform. As a reminder, the time to address the Town Board on any matter not the subject of a scheduled public hearing is during the public comment section of the Town Board meeting agenda. All attendees that have appeared in-person to address the Town Board should provide your name and address on the registration sheet by the podium prior to the public comment period. If you wish to address the Town Board on a matter that is scheduled for a public hearing, you are asked to provide your name and address on the registration log at the podium during the public hearing you intend to speak on. All attendees that have joined the meeting virtually have joined muted. If those joining virtually wish to address the town board during the public comment period or related to a scheduled public hearing, they will need to notify the Town Host that they wish to speak. For the public’s benefit that may be joining the meeting via the Zoom platform, please press the “Raise Hand” button in the Zoom app to notify the Town Host that you wish to address the Board. Please press *9 to raise your hand if joining by telephone to notify the Town Host. After an individual has raised their hand, they will enter a que. When the time for public comment or scheduled public hearing begins, Mayor Byrne will ask the Town Host to recognize individuals that have notified the Town Host they wish to speak by calling out their name or last four digits of their telephone number. Individuals will be unmuted one at a time and invited to address the Town Board. We ask all those wishing to address the Town Board to begin their comments by clearly stating their name and address for the public record. The public is asked to keep all comments to 3 minutes so that all that wish to speak can be heard in a timely manner. APPROVAL OF MINUTES 3A The May 18, 2021, minutes of the Town Board of Commissioners regularly scheduled meeting and the minutes of the April 21, 2021, Budget Workshop. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A There were no presentations for the June 7, 2021, Town Board meeting. PUBLIC COMMENTS 5A There were no public comments for the June 7, 2021, Town Board meeting. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the June 7, 2021, Town Board meeting. PUBLIC HEARINGS 7A FY 2021 - 2022 Operating Budget and Five-Year Operating and Capital Plan Purpose – To consider adoption of the FY 2021 - 2022 Operating Budget Ordinance, Fee Schedule, and Five-Year Operating and Capital Plan for the Town of Fuquay-Varina. 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. On April 21, 2021, the Town of Fuquay-Varina's Governing Board heard a presentation from the Town Manager regarding the Town's proposed FY 2021 - 2022 operating budget. During this budget work session, the Town Manager presented a balanced budget and Five-Year Operating and Capital Plan and led a discussion concerning the impacts of growth on human capital needs, facilities, and the prioritization of infrastructure projects. During the May 3, 2021, Town Board meeting, the Town Manager formally provided an in-depth presentation of the Town's proposed FY 2021-2022 Operating and Five-Year Capital Plan. During this meeting, the Town Board stated that a public hearing would be scheduled for the June 7, 2021, Town Board meeting related to the proposed FY 2021 - 2022 Operating and Capital Budgets. The Town Board will consider the FY 2021-2022 Proposed Operating Budget, which includes the Budget Message, the Budget Ordinance, the Fee Schedule, the line-item budget by department and fund, and the Proposed FY 2021-2022 Budget Presentation as reviewed during the May 3, 2021, Town Board meeting. Additionally, provided are the Five Year Operating and Capital Plan plans, which were also formally reviewed during the May 3, 2021, Town Board Meeting. Management recommends the Town Board conduct a public hearing, and if it is the pleasure of the Town Board, adopt the FY 2021-2022 Operating Budget, to include the Budget Ordinance, Fee Schedule, and Five-Year Operating and Capital Plan as presented and recommended. The Town Board is required by statute to adopt a balanced budget by June 30, 2021. The proposed FY 2021-2022 Operating Budget totals nearly $63.4 million in all funds. The recommended budget proposes a tax rate of 39.5-cents for every $100 in value. The proposed budget does not include a tax increase or an increase in water and sewer rates. Additionally, the proposed budget recommends the addition of eSports fees, and all other fees remain the same as previously adopted. The fee schedule proposed for adoption does reflect the revised irrigation meter fees recently amended on May 18, 2021 (since the presentation of the Manager's Recommended FY 2021-2022 Budget). The Five Year Operating and Capital Plan are balanced. The plan calls for a possible 3-cent tax increase in FY 23 to offset expenses related to the construction, personnel, and outfitting of a fourth fire station, a possible 2.5-cent tax rate increase in FY 24 to offset the costs associated with a new community center and senior center, and a possible 3-cent tax rate increase in FY 25 to offset expenses related to the construction, personnel, and outfitting of a fifth fire station. The Town's Operating and Capital Plan further 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. The Five-Year Plan also takes into consideration project recommendations from several Town master plans and studies. Additionally, the Five-Year Plan reflects the need for a water and sewer base rate increase in FY 24 and volumetric rate increases phased in over three years from FY 23-25 to offset various Preferred Growth Area infrastructure projects and anticipated price rate increases set by wholesale water suppliers. Public Hearing – The public hearing was opened. No one spoke in favor of, or in opposition to the proposed FY 2021–2022 Operating Budget and Five-Year Operating and Capital Plan. The public hearing was closed. Discussion – Mayor Pro-Tem Massengill thanked management and staff for their work on the budget. He stated that there are multiple growth areas and quality of life areas that are being addressed in this year’s budget, and we are working on increasing our police and fire ratios in an effort to keep our insurance costs down for our citizens. Mayor Byrne stated that just recently the Town was recently designated as one of the safest Towns in North Carolina and the United States, and he thanked our Fire Department and Police Department for their work to keep our Town safe.  Recommendation – Adopt the FY 2021 - 2022 Operating Budget, to include the Budget Ordinance, Fee Schedule, and Five-Year Operating and Capital Plan as presented and recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-21-15 7B Town Code Amendment - Town of Fuquay-Varina - North Carolina General Statutes Chapter 160D - CTA-2021-02 Purpose – To consider a proposed text amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, Chapter 160D that brings the Land Development Ordinance into compliance with the recent updates to the North Carolina General Statutes. 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. Town staff and the community have gained significant experience using the Land Development Ordinance (LDO) since its adoption in December 2016. Chapter 160D is an overhaul of the North Carolina General Statutes - Development Statutes which guide the Town's Land Development Ordinance. Previously, the Town of Fuquay-Varina LDO and related land use planning regulations were subject to N.C. General Statute Chapter 160A, as were all cities and towns in North Carolina. Similarly, counties were subject to Chapter 153. The Chapter 160D overhaul seeks to combine the two Chapters into one cohesive Chapter that would govern cities, towns, and counties alike to streamline and make the General Statutes more user-friendly. From the textbook, Chapter 160D: A New Land Use Law for North Carolina by David W. Owens & Adam S. Lovelady of the University of North Carolina School of Government: "Chapter 160D of the North Carolina General Statutes is the first major recodification and modernization of city and county development regulations since 1905. The endeavor was initiated by the Zoning and Land Use Section of the North Carolina Bar Association in 2013 and emanated from the section's rewrite of the city and county board of adjustment statute earlier that year." From 2013-2019, through the tireless dedication of North Carolina representatives, lawyers, planners, zoning officials, and the public, the bill was developed and signed into law in July of 2019. The earliest approved forms of Chapter 160D gave a jurisdictional compliance deadline of January 1, 2021. Since then, several edits, in addition to challenges presented by the novel coronavirus, COVID-19, caused legislators to reconsider the compliance deadline, which was subsequently moved to July 1, 2021. Once Chapter 160D was passed, the Town of Fuquay-Varina Planning Department began the laborious process of updating the Town's LDO. Not only was the LDO affected, but all Town codes, documents, manuals, specifications, permits, bylaws, and guides had to be updated to ensure compliance and appropriateness. Since January of 2021, all documents mentioned above have been updated, and the final consideration remaining is Part 9, the Land Development Ordinance. Changes included in this text amendment bring the LDO into full statutory compliance and do not propose any changes other than those required by the Chapter 160D update. The following is a list of the substantive changes by the LDO article; excluded from this list are changes that serve only to update the statutory reference. Articles not included in the attachments below have not been amended. Article A: − Language has been added to this section to establish the statutory update per Chapter 160D. It states Chapter 160A is hereby repealed, and any references to it have been replaced with the applicable reference in Chapter 160D. Article C: − Language identifying "public hearings" more specifically as "legislative hearings" or "evidentiary hearings" begins in this Article. Throughout the LDO, wherever a public hearing is indicated as required, it has been amended to identify whether the public hearing is legislative or evidentiary (quasi-judicial) in nature to clarify the procedural expectation. Article J: − Language has been removed that required a copy of the Land Development Ordinance to be filed with the Wake County Register of Deeds. This statute is no longer applicable. − Additional types of exempt plats as defined by the N.C. General Statutes have been added to this Article, including cemetery lots, lots subdivided in accordance with a will, and a specific circumstance regarding single ownership lots with no right-of-way dedication. − Language has been added, which outlines types of minor subdivisions that may be considered for expedited review.  − Language has been added to better explain how a developer may be released from a construction guarantee and how a construction guarantee may be extended, if necessary. Previously, this was department policy, but was never outlined in the LDO. − The term "site-specific development plan" has been updated to "site-specific vesting plan" throughout the LDO to align the term with NC. Gen. Stat. Article M: − The terms "developer's agreement" and "developer agreement" have been updated to "development agreement" throughout the LDO to align the term with N.C. General Statute Article P: − Language has been added to require the signature of the property owner on the conditions of a zoning map amendment. This procedure was already in practice by staff but codifying it will ensure future compliance. − Language has been added that codifies how the extraterritorial jurisdiction will be represented on the Planning Board. This policy was already in practice by staff but codifying it will ensure compliance in the future. Additionally, Chapter 160D now stipulates that the representation shall be updated at least with every decennial Census. − Language has been added that codifies how the extraterritorial jurisdiction will be represented on the Board of Adjustment. This policy was already in practice by staff but codifying it will ensure compliance in the future. Additionally, Chapter 160D now stipulates that the representation shall be updated at least with every decennial Census. − Expanded language in the Town Board Conflict of Interest section now states that a Commissioner shall not vote on a matter (zoning map amendment or text amendment) for which the landowner or applicant has a close familial, business, or other associational relationship with the Commissioner. − Conflict of Interest language for Planning Board members has been established, which prohibits a Planning Board member from voting on a decision that would be reasonably likely to have a direct, substantial, and readily identifiable impact on the member. Language has been removed that applied to Planning Boards that made quasi-judicial decisions, as the Town of Fuquay-Varina's Planning Board only makes legislative decisions. − Conflict of Interest language for Board of Adjustment members has been established that prohibits a Board of Adjustment member from voting on a decision that would be reasonably likely to have a direct, substantial, and readily identifiable impact on the member. − Language has been removed from this Article that detailed how quasi-judicial decisions should be processed, as this information has been moved to Article Q. This effort  consolidates and simplifies the evidentiary hearing process into one (1) section rather than multiple. − Language has been added that consent shall be received from both the property owner and applicant for any conditions added by the Board of Adjustment to Special Use Permits. Previously, consent was required for the addition of conditions, but it was unclear from whom the consent was required. It has been the policy of staff to receive consent from both parties, but this codification will ensure future compliance. − Language has been added to the section on variances that provide for the Board of Adjustment to consider variances that would make a reasonable accommodation under the Federal Fair Housing Act, as is now provided for N.C. General Statutes. − Language has been added outlining the terms under which the Board of Adjustment may consider an extension of a special use permit or variance. Previously, there was little guidance for the Board of Adjustment to base a decision on. Article Q: − Language determining when an application shall be deemed "submitted" has been clarified. This language will align the LDO with the expanded permit choice language in Chapter 160D and better define the start date for permit choice. − The section that outlines public hearings has been rewritten to identify the procedures for both legislative and evidentiary hearings separately. Previously, this section attempted to combine elements from both types of public hearings into one section, which lead to user confusion. Now that public hearings are required to be identified as legislative or evidentiary, the section has been updated to reflect the differences for both. Items for which the procedure is the same for both legislative and evidentiary hearings have not been amended. − The language requiring a first reading for legislative hearings has been removed from this Article. If requested, a first reading may still be performed, but the requirement for a supermajority vote has been removed from the statutes. Only an affirmative vote of the majority of voting members is required for approval. − Language prohibiting third-party down-zonings has been added to this Article. Down- zonings initiated by the Town, or the landowner may still be permitted under this statute. The term "down-zoning" has been added as a definition in Article S. − Language clarifying who may initiate a text amendment has been added. Previously, the language was overly restrictive, according to the N.C. General Statutes Chapter 160D. − Language for calculating the cost estimate for a delay of landscaping installation has been updated to reflect the changes in Chapter 160D. The policy remains the same, but the language is clarified for ease of use and understanding.  − Language has been added to this Article requiring the property owner's consent and the applicant for any changed or added conditions to development approvals. − The term "minor modification" has been established in this Article and defined later in Article S. Additionally, situations that do not qualify as a minor modification have been listed herein. − The language under the section referencing the expiration of an approved preliminary plat has been amended to indicate that any of the listed conditions are applicable. Previously, it was unclear if all states were required or if just one of the conditions was required. Additionally, the subsection on vested rights has been removed, as it does not apply to preliminary plats in this context. − Language has been added to the site plan submittal section indicating that an incomplete submittal shall not be considered a submitted site plan, therefore clarifying when permit choice becomes applicable. − Language has been added to this Article to establish the vesting for multi-phase projects, as defined in Chapter 160D, as seven (7) years, as opposed to only two (2) years for all other projects. − Language has been added, providing guidance when an approved plan qualifies for vesting, a point at which the project is deemed "substantially commenced." A definition has been provided for this term in Article S. − Language has been added, establishing the framework for which an applicant can claim permit choice. The LDO did not previously provide guidance on this, and Chapter 160D has updated and expanded permit choice considerably. Article R: − Language establishing when and how an inspector may conduct inspections has been added to this Article. These guidelines were previously practiced by Town staff, but the codification will ensure future compliance. − The section outlines how a Notice of Violation & Correction Order shall be delivered and has been reworded to conform to Chapter 160D and provide ease of use. Additionally, the option to deliver a Notice of Violation & Correction Order via electronic mail is now provided, per the allowance in Chapter 160D; however, provided the hand delivery of the same letter is also made on the same day. Article S: − Definitions for Administrative Decision, Conditional Zoning, Down-Zoning, Evidentiary Hearing, Legislative Hearing, Minor Modification, Substantially Commenced, and Zoning  Map Amendment have all been added to this Article. These terms were all previously used by staff but defining them in the LDO serves to broaden compliance and user-friendliness. − The terms Building, Dwelling, and Dwelling Unit have been amended to conform with the NC Gen. Stat. Management and staff recommend approval of the proposed town code amendment. It is reasonable and, in the public’s, best interest, as it improves upon the Land Development Ordinance intent to modernize, provide sustainability, and allows for ease of use and enforcement, specifically concerning the Town's current standards. Town management and staff's recommendations have been reviewed and approved by the Town Attorney and the entire revised Land Development Ordinance has undergone a Code Scan by the UNC School of Government for compliance with the revised NC General Statutes. At the May 17, 2021, regular meeting, the Planning Board unanimously voted to recommend approval. Public Hearing – The public hearing was opened. No one chose to speak in favor of, or opposition to the proposed Town Code Amendment. The public hearing was closed. Discussion – Commissioner Harris asked about language on initiating a text amendment in Article Q, that prior was more restrictive. Planning Director Pam Davison stated that the proposed language now opens it up to allow citizens to initiate a Town Code amendment. Mayor Pro-Tem Massengill stated that the 160D update is not a major or substantial change from what the Town has been doing, and Town Manager Mitchell agreed. Commissioner Smith stated that Article P; as it relates to conflict of interest, sounds a little different that what we practiced in the past, that restricts voting if the landowner or applicant has a close familial, business, or other associational relationship with a Town Board member. Town Attorney Adcock stated that the proposed matters of conflict would be considered on a case-by-case basis, as done in the past. Recommendation – Approve CTA-2021-02 Chapter 160D, an amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, as presented and recommended by Town management and staff. The text amendment improves upon the Land Development Ordinance and is reasonable and in the best interest of the public for the reasons identified by management and staff.  MOTION: Commissioner Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) 7C Voluntary Annexation Petition - Richer and Richere V. Levert, 6321 Johnson Pond Road - PIN 0677277435- ANX-2021-04 Purpose – To consider the adoption of an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a petition for voluntary annexation of property owned by Richer and Richere V. Levert, located at 6231 Johnson Pond Road, containing approximately 13.921 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 non-contiguous to the Town's corporate limits. Water and sewer are available to the property. The developer is working on plans to add additional structures to the site and the actual layout of service is still under consideration. This site will be served with garbage and recycle services for residential properties on the site, but not for commercial properties. A fire flow test was conducted in June 2019 by engineering firm WithersRavenel resulting in adequate fire flow of 2,500 gallons per minute. The present total value of the property is $1,249,298.00. 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 Richer and Richere V. Levert - ANX-2021-04 as presented and recommended.  MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Massengill MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-21-16 CONSENT AGENDA 8A Utility Agreement Allocation Request - High Grove Oaks Subdivision, Phases 1 - 4 Purpose – To consider a Utility Agreement Allocation Request for the High Grove Oaks Subdivision, Phases 1-4, for 24,900 gpd sewer and 24,900 gpd water. Recommendation – Approve the recommended Utility Agreement Allocation Request for the High Grove Oaks Subdivision, Phases 1 - 4, as presented and recommended subject to the Town Board's approval of the Town of Fuquay-Varina and City of Raleigh Water Supply Agreement to be presented during this Board meeting under Administrative Reports. 8B Utility Agreement Allocation Request - Stonecreek Subdivision Phase 4 Purpose – To consider a Utility Agreement Allocation Request for the Stonecreek Subdivision, Phase 4 for 9,900 gpd sewer and 11,880 gpd water. Recommendation – Approve the recommended Utility Agreement Allocation Request for the Stonecreek Subdivision, Phase 4, as presented and recommended subject to the Town Board's approval of the Town of Fuquay-Varina and City of Raleigh Water Supply Agreement to be presented during this Board meeting under Administrative Reports. 8C Utility Agreement Allocation Request - Carolina Gardens - Development Phases 13 - 18 Purpose – To consider a Utility Agreement Allocation Request for the Carolina Gardens Subdivision, Development Phases 13 through 18, for 67,700 gpd sewer and 75,440 gpd water. Recommendation – Approve the recommended Utility Agreement Allocation Request for the Carolina Gardens Subdivision, Development Phases 13 - 18, as presented and recommended subject to the Town Board's approval of the Town of Fuquay-Varina and City of Raleigh Water Supply Agreement to be presented during this Board meeting under Administrative Reports. 8D NCDOT Speed Limit Reduction - Old Honeycutt Road from Judd Parkway to Purfoy Road Purpose – To consider concurring with NCDOT for a speed limit reduction on Old Honeycutt Road between Judd Parkway and Purfoy Road, repeal all existing 45 mph speed limit ordinances for that segment of roadway, and adopt a new 35 mph ordinance for that segment of roadway. Recommendation – Concur with an NCDOT ordinance for a speed limit reduction on Old Honeycutt Road between Judd Parkway and Purfoy Road, repealing all existing 45 mph speed limit ordinances for that segment, and adopting a new 35 mph ordinance for that segment. Ordinance No. N-21-18 8E Project Ordinance Amendment - Hilltop Needmore Town Park and Preserve - Parks, Recreation and Cultural Resources - POA-21-06 - $5,000 Purpose – To consider approval of a project ordinance amendment recognizing donated funds in the amount of $5,000 from the Bob Barker Company for future enhancements and amenities at Hilltop Needmore Town Park and Preserve. Recommendation – Approve project ordinance amendment POA-21-06 as presented and recommended. Ordinance No. N-21-17 8F Recreation Unit Fee-In-Lieu - McLaurin Farm Subdivision - SUB-PR-2020-07 Purpose – To consider acceptance of a fee-in-lieu for Recreation Unit Fees for The McLaurin Farm subdivision in the amount of $44,549.93. Recommendation – Approve the fee-in-lieu request for McLaurin Farm subdivision in the amount of $44,549.93 for Recreation Unit Fees as presented and recommended. 8G Order to Levy and Collect Taxes - Wake County Purpose – To consider a resolution authorizing Wake County to levy and collect the real and personal property taxes on behalf of the Town of Fuquay-Varina for the FY 2021-2022 budget year. Recommendation – Adopt the resolution authorizing the Wake County Revenue Administrator to levy and collect real and personal property taxes on behalf of the Town of Fuquay-Varina for the FY 2021-2022 budget year. Resolution No. 21-1706 8H Special Event and Amplified Sound Permit Request - Temporary Street Closure and Use of Town Property - The Mill Market Event Series - July 17, September 18, and November 20, 2021 Purpose – To consider approval of a special event and amplified sound permit including a temporary street closure request with the use of the Depot Street and Spring Avenue Town parking lot for The Mill Market Event Series scheduled for July 17, September 18, and November 20, 2021. Recommendation – Approve the special event and amplified sound permit, including the request for temporary street closure and use of Town property, for The Mill Market Event Series scheduled for July 17, September 18, and November 20, 2021, as presented, and recommended. 8I Special Event and Amplified Sound Permit Request - Oaklyn Springs Brewery - Fuquay Food and Flea (Event Series) - 6/20/21, 8/15/21, 10/17/21, 12/19/21 Purpose – To consider approval of a special event and amplified sound permit for Oaklyn Springs Brewery's event series, Fuquay Food and Flea, scheduled for four June 20, August 15, October 17, and December 19, 2021. Recommendation – Approve the special event and amplified sound permit for Oaklyn Springs Brewery's series of Fuquay Food and Flea events scheduled for June 20, August 15, October 17, and December 19, 2021, as presented, and recommended. 8J Special Event and Amplified Sound Permit Request - Curated Craft Market at Cultivate Coffee - July 10 and August 14, 2021 Purpose – To consider approval of a special event and amplified sound permit request for the Curated Craft Market at Cultivate Coffee scheduled for July 10 and August 14, 2021. Recommendation – Approve the special event and amplified sound permit request for the Curated Craft Market at Cultivate Coffee scheduled for July 10 and August 14, 2021, as presented, and recommended. 8K Surety/Letter of Credit - Johnson Pond Subdivision - Model Home - $323,676.88 Purpose – To consider a surety request to initiate construction of a model home at the Johnson Pond Subdivision prior to the recordation of the associated lot, in the amount of $323,676.88.  Recommendation – Approve the underlying agreement and acceptance of a surety for Johnson Pond Subdivision in the amount of $323,676.88 as presented and recommended subject to Town Attorney review as to form. 8L Municipal Fire Protection Agreement - Wake County - One-Year Extension Purpose – To approve a one-year extension of the Municipal Fire Protection Agreement between the Town of Fuquay-Varina and Wake County. Recommendation – Approve the one-year extension of the Municipal Fire Protection Agreement between the Town of Fuquay-Varina and Wake County as recommended and presented. A motion was made to approve all items (8A – 8L) 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 Introduction of a Bond Order - General Obligation Bonds Purpose – To formally introduce bond orders for issuance of $18.5 million in Parks and Recreation General Obligation Bonds and $20 million in Transportation General Obligation Bonds. In addition, the Town Board will consider adopting a resolution to set a public hearing and authorize the Town Manager and Finance Director to proceed with all required actions for a November 2, 2021, Bond Referendum. 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. On May 3, 2021, the Town Board adopted a resolution stating the intent to proceed with a General Obligation (GO) Bond Referendum on November 2, 2021. This action was the first step required by the North Carolina Local Government Commission to place a referendum on the municipal election ballot. Town Management and the Finance Director are working with the Town's Bond Counsel to seek the Local Government Commission approval to proceed with a GO Bond Referendum. The next step is to formally introduce the Bond Orders and set a public hearing on June 12, 2021. In addition, the Town Board is being asked to authorize the Finance Director to file a sworn statement of debt. Transportation and Quality of Life investments in recreation facilities have long been priorities of the Town Board. Parks/recreation and transportation projects were identified as the two top priorities by the citizens of Fuquay-Varina in this year's public budget survey. The Town has identified many transportation and parks/recreation projects, which GO bonds could advance. GO bond funding is the most cost-effective way to borrow and finance public projects for the taxpayer. Town Management recommends that the Town Board issue $38.5 million in GO bond funding; $20 million for transportation projects, and $18.5 million in parks and recreation projects. Town management recommends seeking voter authorization to issue this GO bond debt funding, providing the Town flexibility in funding public projects respective to the Town's Park & Recreation and Transportation priorities. Moreover, GO bond funding could leverage state and federal cash match grant requirements when trying to secure additional financing for various public projects. GO bonds allow the Town to finance projects at the lowest possible cost due to pledging the full faith and credit of the Town's taxing authority. The Town's favorable bond rating allows the Town to borrow money at very low-interest rates. Under NC General Statutes, GO bonds require voter approval. An additional benefit of a GO Bond Referendum is that it allows the Town to ensure voter support for a particular project or program before issuing debt, requiring a tax increase to repay its GO bond obligations. In 2015, the taxpayers of Fuquay-Varina approved a $21 million Transportation Bond Referendum that allowed the Town to use GO bond funding to leverage additional federal funding needed to advance numerous transportation projects. Most notably, these projects include Northeast Judd Parkway and Main Street Intersection Improvements, Sunset Lake/Purfoy/Main Street Intersection Improvements, and the construction of Northwest Judd Parkway. While final project selection has not been determined at this time, provided the Town's robust growth and development, the Town continues to seek opportunities for transportation improvements and recreational amenities that advance the quality of life for the businesses and residents of Fuquay-Varina.  Town management and staff recommend the Town Board first accept the formal introduction of the Bond Orders. The Bond Order authorizes the issuance of the bonds and explains the purpose for which the GO bond proceeds will be spent and the maximum amount of the bonds that may be issued. Following this action, the Town Board will be asked to adopt a resolution setting a public hearing and authorize the Finance Director to file a sworn statement of debt. Town Management and staff will continue to work with our Bond Counsel, the NC Local Government Commission, and Wake County Board of Elections to prepare for two Bond Referendum questions being placed on the November ballot subject to Town Board approval on the evening of the public hearing scheduled for July 12, 2021. The Town Board is requesting to authorize the issuance of General Obligation (GO) Bonds in the amount of $18.5 million for Parks and Recreation Facilities and $20 million for Transportation. The estimated debt service for the full $38.5 million is approximately $2.4 million annually over 20 years. This debt service is a tax equivalent of 5 cents 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 of this debt service repayment on the Town's tax rate using revenues generated by the Town's strong growth and enhanced tax base. Town staff will provide a list of potential projects with engineer opinion cost estimates at a later Town Board meeting for Town Board consideration. Pending projects and their cost estimates will be presented to the Local Government Commission for review. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Adopt a resolution setting a public hearing, accept the formal introduction of the Bond Orders, and authorize the Town's Finance Director to file a sworn statement of debt. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Resolution No. 21-1707 10B 2021 Combined Utilities Revenue Refunding Bonds Request for Recusal Mayor Byrne requested that the Town Board recuse him from discussion and action on item (10B) as he serves on a corporation board that he would have some decision-making authority relative to the 2021 Combined Utilities Revenue Refunding Bonds. Motion to recuse Mayor Byrne as requested. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) At this time, Mayor Pro-Tem Massengill presided over the meeting, and then relinquished his position after the vote on item (10B) Purpose – To consider a resolution supporting a Local Government Commission application for combined utility revenue refunding bonds to refinance various Water and Sewer obligations to lower debt service costs by approximately $1.3 million over the term of the bonds. 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. In consultation with Davenport Public Finance, the Town's financial advisor, Town staff recently identified four existing utility obligations with the potential for savings due to the current historically low interest rate environment. To save on debt service costs, a request for proposals (RFP) requesting two options for refunding these bonds was circulated on April 22, 2021, to more than 50 banks. With the assistance of Davenport Public Finance, eight bid responses were received with various interest rates and provisions. Of the eight proposals received, the consensus of Town management and staff, Davenport Public Finance, and the Town’s bond counsel was that the terms offered by Fidelity Bank’s Option 2 proposal offered the rate and terms in the best interest of the Town. This option’s savings estimated a savings of approximately $1.3 million in debt service cost over the term of the bonds. In reaching this conclusion, call provisions (e.g., prepayment or refinancing penalties) were considered in addition to interest rates. A summary of all proposals was attached in the agenda. With authorization from the Town Board, Town management will proceed with an application to Local Government Commission for approval of Fidelity Banks Option 2 proposal.  Based upon final approval by the Town Board on June 22, and LGC approval on July 13, the estimated debt service saving to the Town are $1.3 million over the 20-year term. The proposed Bond Counsel fee of $30,000 will be covered with bond proceeds, payable at closing. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve the attached Resolution supporting an application to the LGC for refunding revenue bonds up to $17.5 million, approve the solicited best proposal from Fidelity Bank, and authorize the Town Manager and Finance Director to take all appropriate steps toward completion of the refinancing, and ratify all prior actions in this regard, including engaging Bond Counsel. MOTION: Commissioner Wunsch SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) Resolution No. 21-1708 10C Water Supply Agreement - Town of Fuquay-Varina and City of Raleigh Purpose – To consider approval of the recommended Water Supply Agreement between the Town of Fuquay-Varina and the City of Raleigh. 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 Town of Fuquay-Varina and the City of Raleigh currently have a water supply agreement for the supply of 750,000 gallons per day (MGD). This Agreement is set to expire on June 30, 2021. The Town has requested a new contract with the City of Raleigh to receive a water supply of up to 1.75 MGD for a 15-year term as the Town continues to work with the City of Sanford on a long-term water supply solution. For the City of Raleigh to provide the 1.75 MGD capacity to the Town, improvements to Raleigh's water distribution system are needed to meet the Town's requested capacity. Part of this new water supply agreement requires the Town to incur the cost of upgrading Raleigh's existing booster pump station and water lines to meet the new 1.75 MGD flow requirements. The Agreement states that the new supply of water shall not exceed 1.75 MGD. If the Town's use exceeds this amount during any monthly billing cycle, the Town shall pay 1.5 times the rates and charges in effect during such month. Management and staff are recommending entering into the proposed 15-year water supply agreement with the City of Raleigh. Public utilities staff, management, and legal counsel for both units of local government have worked to produce an agreement that is fair and beneficial to both parties. The term of the Agreement is for 15 years. While the Parties to the Agreement do not anticipate extending the term of the Agreement, the Agreement may be extended for three successive one- year terms by written amendment to the Agreement if agreed to by both parties. If terms are extended, the following renewal terms are as follows: − First Renewal Term: the Town shall pay 1.5 times the Contract Rates and Charges − Second Renewal Term: the Town shall pay 2.0 times the Contract Rates and Charges − Third Renewal Term: The Town shall pay 3.0 times the Contract Rates and Charges In addition to paying contractual water supply rates, the Town agrees to pay up to $2,000,000.00 towards all engineering and construction of a 12" water main and costs associated with upgrades to the existing City of Raleigh water distribution system. The upgrading of the 12" water main is currently in the City of Raleigh's long-range water system capital improvement plans. The upgraded conveyance infrastructure and booster pump station are required to meet the new water flow requirements of 1.75 MGD. By entering into the Agreement, the Town agrees to pay all contract water service rates and charges established by the City of Raleigh, which are reviewed and adjusted annually at the beginning of each fiscal year as part of the annual budget adoption process. Discussion – Mayor Pro-Tem Massengill stated that it seems that the City of Raleigh is seeking to phase out the Town’s water supply as the renewal rates continually increase. Town Manager Mitchell agreed. He stated that the City of Raleigh does not necessarily gain or benefit by selling water to the Town, and that is why it is important to have other water providers and partners. Town Manager Mitchell stated that this will bring our water capacity total to 5.25 MGD per day and this will likely carry us until the 2025-2026 timeframe, which is when the water supply from the City of Sanford will come online.  Recommendation – Authorize the Town Manager to execute the Water Supply Agreement with the City of Raleigh as presented and recommended, subject to review by the Town Attorney. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) 10D Preliminary Subdivision Plat - McLaurin Farm Subdivision - SUB-PR-2020-07 Purpose – To consider a preliminary subdivision plat submitted by FLM Engineering, called McLaurin Farm Subdivision, located at 6532 & 0 Burt 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, McLaurin Farm, is located at 6532 & 0 Burt Road on 80.95 acres in the Residential Agricultural Conditional Zoning District (RA-CZD) with the following zoning conditions regarding the use of the site: 1. Single family detached homes only. The following conditions are site-specific standards of the subject property: 1. Development shall be limited to a maximum density of one dwelling unit per acre. 2. 10% of the total parcel area will be designated as open space. 3. Vinyl siding shall not be permitted. However, vinyl windows, decorative elements, and trim are permitted. 4. Garage doors must have windows, decorative details, or carriage style adornments. 5. Accessory structures shall be architecturally compatible with primary detached units. 6. Various types of homes shall be utilized throughout the subdivision. 7. Construction traffic will only access the site through Burt Road. Tinwood Drive will be barricaded off during construction. The barricade will be removed at the time the plat is recorded showing the connection to Tinwood Drive. 8. In addition to what is required by the Land Development Ordinance (LDO), the developer will maintain existing trees and vegetation within 10' of the parcel lines adjacent to Wake Co PINs 064601155429, 064601153669, 064601157641 and lots 7, 8,  9, and 12 of the Oak Village Subdivision as shown on the rezoning plat associated with this submittal. 9. In addition to what's required by the LDO, a proposed landscape berm, minimum height of 3' in the valley up to 4' or 4.5' in the peaks will be installed along the parcel boundary adjacent to Wake Co. PIN 063602770162 and Buckhorn Duncan Rd. Berm location shown on the rezoning plat associated with this submittal. The preliminary subdivision plat proposes 62 residential lots meeting the standards for a conventional subdivision development. The minimum lot size permitted is 20,000 square feet. The minimum lot size provided is 25,000 square feet and the average lot size is 32,500 square feet. There are 25.26 acres of overall open space provided. Vehicular access to the project area is provided via a connection to Burt Road and via a continuation of Tinwood Drive from the adjacent Oak Village Subdivision. Burt Road is classified by the 2035 Community Transportation Plan (CTP) as a 70-foot right-of-way with two (2) lanes, sidewalk and sidepath. Burt Road is currently a 60-foot right-of way with two (2) lanes. This development will be responsible for half of the future right-of-way dedication and roadway and sidewalk construction. The subdivision will also provide four (4) stub roads for future connection; three to the north and one to the south. The current carrying capacity for Burt Road is 11,800 ADT. Approximately 1 mile from the subject property, 2015 NCDOT traffic counts on Burt Road indicate a volume of 1,400 Average Daily Trips (ADT). 2019 traffic counts are not available at this time. Required collector roads, as determined on the Town's Community Transportation Plan, are provided meeting the intent of the Town's requirements. The Harnett County Water System will provide water service to the lots and will be installed by the developer. The Developer acknowledges that the development meets the minimum State standards for fire flow (500 GPM) but does not meet Town Standards and Specifications (1,000 GPM). The Developer accepts service as supplied. Sewer service will be provided by individual septic systems. The proposed preliminary subdivision plat meets all Town requirements, as such management and staff recommend approval. At the May 17th, 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 this matter. Recommendation – Approve the McLaurin Farm preliminary subdivision plat SUB-PR-2020-07, as presented and recommended.  MOTION: Commissioner Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Town Manager’s Report Inspections Department: • The Inspections Department issued 173 single family permits in May 2021. The Town has issued 855 in the first five months of the calendar year. Engineering Department: • The Town’s annual resurfacing project is being advertised today. • Charles Phillips in the Engineering Department was promoted to Engineering Inspection Supervisor. In his new role he will work closely with all department inspectors to focus on providing a high level of customer service. Parks & Recreation Department: • The Parks and Recreation Department recently completed registrations for adult summer athletics. This is the highest participation numbers to date for adult summer athletics with 13 basketball teams, 17 softball teams, f5 kickball teams, 7 volleyball teams and 7 soccer teams. • The Parks & Recreation Department is very close to having our splashpad recirculation system put into operation and they are waiting for final health inspection from Wake County. Arts Center: • The Arts Center is offering art therapy, adult art, and yoga for summer registration. • The online concert “Presents” will feature Paige King Johnson • The season information is scheduled to be open on the box office website for ticket purchases next Monday. IT Department: • The Information Technology Department has worked to finalize the boardroom setup. They have worked very hard to transform the meeting room back to normal and we are now having both in-person and virtual so that the public can attend the meetings in-person (with limited seating) as well as virtually.  • CityWorks implementation kicks off this week and our digital plan review will begin in the next month. Public Works: • The Public Works Department is repairing several storm drainage issues that have been identified. Finance Department: • The Finance Department has been assisting departments with year-end work, in addition to the budget work that was presented this evening. • Work began with our auditors on the FY-21 Audit. • The Finance Department received, for the 6th straight year, the Government Finance Officers Association Award for Excellence in Government and Financial Reporting. Fire Department: • Fire Chief Anthony Mauldin just returned from having inspected our new ladder truck that is in production, and we expect delivery in the first part of November 2021. Police Department: • Police Chief Laura Fahnestock has served the Town for six years as Police Chief. Town Manager Mitchell congratulated the Police Chief and he stated that he will be sending out a list of the many accomplishments of the Police Department under the leadership of Police Chief Fahnestock. 11B Project Status Report – June 2021 11C Coffee with a Cop - Bojangles - 1400 N. Main Street - June 8, 2021 - 9:00 - 10:30 am 11D Law Enforcement Torch Run - Special Olympics - T-shirt Sale - Friday June 11, 2021 - 6:00 - 11:00 am - McDonalds - 1409 N. Main Street 11E Music on Main Concert (RESCHEDULED) - Tim Cifers - Thursday June 17 - 6:30-8:30 PM - Centennial Square 11F Coffee with a Cop - McDonalds - 1409 N. Main Street - Monday June 21, 2021 - 9:00 - 11:00 am 11G Independence Day Celebration - South Park - Saturday July 3, 2021 - Gates Open at 6 PM 11H July Town Board Meeting is scheduled for July 12, 2021 - 7:00 pm - No meeting on July 5, 2021, or July 20, 2021 BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill stated that he was extremely excited to read an article and found that Fuquay- Varina ranked one of seven in the country, along with cities such as Rapid City, South Dakota and Savannah, Georgia as best places to live in the United States for first time homebuyers. Commissioner Smith commended Finance Director JoAnne Crabtree and her staff for receiving the Government Finance Officers Association Award for Excellence again this year, and he thanked the Finance Department for their hard work on the budget. Commissioner Smith also commended Police Chief Fahnestock for completing six years as Chief of the Police Department and stated that he hopes she has many more great years to come. Commissioner Harris stated that on May 21, 2021, he was elected to be the Second Vice-President of the North Carolina League of Municipalities. He stated that last year he was asked to co-chair the Racial Equity Taskforce for city leaders. He stated that the taskforce was formed to have conversations about policing, racial equity, and fairness, centered around the death of George Floyd and the many protests that took place as a result of his death. The Taskforce completed its work in April 2021 and in the process of developing recommendations, they partnered with Duke University’s Racial Equity Institute, as well as UNC-Greensboro to find ways that city leaders can promote equity as it relates to services, policing and the overall jobs of city leaders. He stated that he had the opportunity to present this information to the Rotary Club and the Chamber of Commerce. He stated that the Taskforce identified five strategies and they took a historical overview of policies and practices impacting racial disparities in cities and towns. They also identified the impact of wealth and other racially oriented gaps in cities and towns. They looked at ways in which municipal policies and practices impact race, as well as the impact of an elected municipal official on racial equity and the impact on a city council. Commissioner Harris stated that parts of the conversations were very uncomfortable because it moved people out of their comfort zone, especially when you talk about issues around race and equity and equality. The full report of recommendation from the Taskforce can be found at https://www.nclm.org/RacialEquity on the NC League of Municipalities website. Commissioner Harris stated that the gist and conclusion of the Taskforce recommendation is that city leaders look at their policies and procedures that have historically and currently excluded certain groups in our community, primarily those members of the African American community. Commissioner Harris encouraged members of the Town Board to read the recommendations on the website. He stated that the League of Municipalities have created a program entitled “DIRECT” and they are willing to have conversations with elected officials who would be interested in further understanding the Taskforce recommendations, or they could send a consultant to talk to the board members regarding the matter. Mayor Byrne congratulated Commissioner Harris on being elected as Second Vice-President of the North Carolina League of Municipalities. Commissioner Wunsch reported that he was not at the last Town Board meeting because of the birth of his daughter. He congratulated Commissioner Harris on his new role with the League, thanked the Finance Department for their work on the budget, and he commended Police Chief Fahnestock for her work with the Police Department over the past six years. He also reported that the Fuquay-Varina High School baseball team won their conference championship. Commissioner Gardner commended everyone who worked on the budget, and she stated that she was excited to see them receive another financial award this year. She also congratulated Police Chief Fahnestock on the six years of service and expressed her gratitude for bringing engagement and communication to our citizens through FaceBook and the many outreach programs that the Police Department provides. She congratulated Commissioner Wunch and his family on the birth of their baby girl. She also stated that she was so excited to see all the events on our calendar this year. Mayor Byrne stated that he is impressed with newly constructed school facility for Fuquay-Varina High School, that will open this coming school year. He also stated that he was impressed with the Police Department’s Torch Run for Special Olympics. He then reviewed other meetings that he attended in the previous week as well as upcoming events as follows: Past Events 5/19 – CAMPO Meeting 5/20 – Virtual meeting with Students at Hilltop Christian School 5/21 – NC Metro Mayors Weekly Legislative Call 5122 – Cops on Top – Special Olympics Fundraiser – Dunkin Donuts – 9:00-2:00 pm 5/25 – Law Enforcement Torch Run – Sheetz on 55 to Town Hall – 9:00 – 11:00 am 5/28 – NC Metro Mayors Weekly Legislative Call 6/3 – Centennial Authority Meeting 6/4 – NC Metro Mayors Weekly Legislative Call Upcoming Events 6/11 - NC Metro Mayors Weekly Legislative Call 6/18 – NC Metro Mayors Weekly Legislative Call 6/16 – CAMPO Meeting 6/21 –Wake County Mayors Association meeting CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege, N.C.G.S. 143-318.11 (a) (4) - Economic Development and N.C.G.S. 143-318.11 (a) (5) - Property A motion was made to conduct a closed session meeting at 8:51p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) RETURN TO OPEN SESSION____________ The Town Board returned to open session at 10:22 p.m. with nothing to report out of closed session. ADJOURNMENT A motion was made to adjourn the meeting at 10:22 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) The minutes from the June 7, 2021, Town Board of Commissioners regularly scheduled meeting are adopted this 22nd day of June 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