Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting November 16, 2021 John W. Byrne, Mayor J. Blake Massengill, Mayor Pro Tempore The Regular Meeting of the Fuquay-Varina Town William H. Harris, Jason O. Wunsch, Marilyn B. Gardner and Larry W. Smith, Town Board Members Board scheduled for Tuesday, November 16, Adam G. Mitchell, Town Manager Mark D. Matthews, Assistant Town Manager 2021, at 7:00 p.m. was held at the Fuquay-Varina James (Jim) E. Seymour, Assistant Town Manager Rose H. Rich, Town Clerk Town Hall, 134 N Main Street, Fuquay-Varina, NC. James S. Adcock, III, Town Attorney In attendance were Mayor John W. Byrne, Mayor Pro-Tem Blake Massengill and Commissioners Marilyn Gardner, William Harris, Larry Smith, and Jason Wunsch. 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 7:05 p.m. INVOCATION AND PLEDGE Commissioner Larry Smith provided the invocation and Commissioner Jason Wunsch led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager Adam Mitchell reviewed the meeting protocol noting that the meeting was both in- person, via Zoom, and live streamed. APPROVAL OF MINUTES 3A The November 1, 2021, minutes of the Town Board of Commissioners regularly scheduled meeting. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Resolution - Law Enforcement Service Weapon Retirement Award - Major Robert "Bob" Gerald Adams Purpose – To consider adopting a resolution awarding Major Robert "Bob" Gerald Adams his service weapon upon his retirement from the Town of Fuquay-Varina's Police Department. 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. Effective February 1, 2022, Robert "Bob" Gerald Adams will retire from the Fuquay-Varina Police Department with over 28 years of honorable and distinguished service to the Town of Fuquay- Varina and its citizens. Major Adams currently serves as a Major/Division Commander, of the Support Services Division of the Police Department. He has previously served as a Captain/Division Commander supervising the Patrol Services Division and the Special Operations Division. He served as a Captain from 2006 until 2020. He served as a sergeant and patrol officer within the Patrol Division early in his career. Bob has been highly influential in the recruitment, hiring and training of officers during his tenure. He was promoted to Major in October of 2020, serving as the first division commander in the newly created Support Services Division to assist Chief Laura Fahnestock with implementing innovative and professional policing services and policies within the Police Department. As authorized by the by the State of North Carolina and at the discretion of the Local Governing Body, Major Bob Adams is afforded the opportunity to receive his service weapon upon retiring from local government service in accordance to North Carolina General Statute 20-187.2(a). A retirement celebration is planned for December 3, 2021, however, Major Adams desired to have  the Mayor and Board present him with his service weapon at tonight's meeting. The action requested tonight is to approve the Resolution to Award Major Adams his service weapon upon his retirement from the Town of Fuquay-Varina as recommended. $1.00 has been paid to the Town in exchange for Major Bob Adams' service weapon. Recommendation – Adopt the Resolution authorizing the award of a law enforcement service weapon to Major Robert "Bob" Gerald Adams in recognition of retirement from the Town of Fuquay-Varina Police Department as recommended and presented. MOTION: Commissioner Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) Resolution No. 21- 1726 Discussion – Chief Fahnestock stated that Major Adams has been her right hand since she started with the Town, and he will be missed. She stated that he has served in many positions over the years with the Town and has been a mentor to our police officers. She also congratulated him on his upcoming retirement. Mayor Byrne stated that this was bittersweet for him. He stated that he has probably sworn in every officer over the last 20 years and Major Adams has been a big part of that process. Major Adam thanked the elected officials, Town management and everyone in the room for this recognition and he stated that we have a great Police Department due to all the training that is involved. He stated that he is proud of each one of them and the Town is very fortunate to have great Police Officers. 4B Recognition - Police Employees - 2021 Training, Education and Promotion Achievements - Police Department Purpose – To recognize police employees for their 2021 training, education, promotion, and other achievements. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. Police Chief Laura Fahnestock then made the following remarks. The following is a listing of Police Department employees that obtained education, training and/or promotion and other achievements in 2021. Promotions Effective December 5, 2021 To Sergeant – Jonathan Wells – Assigned to the Patrol Services Division To Lieutenant – Cindy Perna – Assigned to the Patrol Services Division To Captain – Chris Gathman – Will be assigned to the Support Services Division Note: These promotions are occurring due to vacancies created by Major Bob Adams’ retirement. Career Ladder Advancements Cassi Redman – Telecommunicator IV Officers Christina Pappan and Josh Hilgartner – Police Officer II Kevin Boyd and Dan Look (Nov. 17th) - Corporal Training and Educational Accomplishments Captain Tim Smith – Completed LGFCU Fellows Leadership Program Sgt. Rick Conerly and Sgt. Bryan Stancil – Completed NC State’s Law Enforcement Executive Program Lt. Michael McDonald – Completed NC State’s Administrative Officer’s Program Master Officer Donovan Welch, PO II Stephen Diggs, PO II Will Medlin, and PO II Patrick Parker– Intermediate Certificate from NC Criminal Justice Education and Training Standards Commission Master Officer Andrade Olliver and Sergeant Jonathan Wells– Advanced Certificate from NC Criminal Justice Education and Training Standards Commission Corporal Megan Doxsie, Corporal Gray Hamilton, Lieutenant Anthony Hodges, and Sergeant Bryan Stancil – Specialized Instructors Sergeant Rick Conerly, Captain Chris Gathman, PO II James Hilton, Sergeant Shaun Hyman, and Corporal Dan Look – General Instructors  Education Achievements Sgt. Cindy Perna – Received an associate degree in Criminal Justice from Columbia Southern University Telecommunicator Hannah Abreu – Received a bachelor’s degree in Criminal Justice from NC Central University Community Recognitions PO II Kevin Bissette – Exchange Club of Wake County Police Officer of the Year for the Town of Fuquay-Varina Police Officer II Kevin Bissette – Crisis Intervention Team Officer of the Year for Fuquay-Varina and for Wake County as awarded by CIT of Wake County and NAMI Police Officers of the Month PO II Patrick Parker and Corporal Daniel Look – August 2021 – De-escalated and provided follow up services to assist a barricaded subject with mental health issues Master Officer Joshua Starkey – May 2021 – Assisted with life saving measures to prevent a member of the public from choking by clearing the individual’s airway of the obstruction Officer Anna Guarino – March 2021 – Assisted a homeless person receive resources to include paying for a night at area hotel Lieutenant (then Sergeant) Cindy Perna – February 2021 – Located a missing person involving a subject with medical issues and followed up with mental health care PO II Ross Cooper – January 2021 – Assisted an incapacitated person that had fallen and had additional medical issues. He provided exceptional customer service with compassion and respect which involved ensuring the individual received the appropriate emergency medical care prior to EMS arrival. 4C Recognition - Mark Matthews - ICMA Credentialed Manager Purpose – To recognize Assistant Town Manager Mark Matthews for the achievement of receiving the Credentialed Manager designation by the International City/County Management Association (ICMA). 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.  Mark D. Matthews, Assistant Town Manager of Fuquay-Varina, NC, recently received the Credentialed Manager designation from the International City/County Management Association, (ICMA). Assistant Town Manager Matthews is one of over 1,300 local government management professionals currently credentialed through the ICMA Voluntary Credentialing Program. To receive the prestigious ICMA credential, a member must have significant experience as a senior management executive in local government; have earned a degree, preferably in public administration or a related field; and demonstrated a commitment to high standards of integrity and to lifelong learning and professional development. Assistant Town Manager Matthews is qualified by 7 years of professional local government executive experience and a Master of Public Administration Degree from the University of Kansas. He has also completed the Municipal and County Administration Program through the UNC School of Government, as well as the ICMA Gettysburg Leadership Institute. Prior to his appointment in 2014 as Assistant Town Manager of Fuquay-Varina, he served in a variety of budget and management support roles in Wake County, North Carolina and Fairfax and Loudoun Counties in Virginia. Mayor Byrne congratulated Assistant Town Manager Matthews. He stated that Assistant Town Manager Matthews keeps our Town abreast of what is going on whether it’s in the state, the federal government, or the country, and he does a great job. Assistant Town Manager Matthews thanked Town Manager Mitchell for giving him the opportunity to serve the last 7 years alongside him in this role. He also thanked the Town Board and Town Manager for continuing to invest in his professional development. PUBLIC COMMENTS 5A There were no public comments for the November 16, 2021 Town Board meeting. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the November 16, 2021, Town Board meeting. PUBLIC HEARINGS 7A Economic Development Incentive Agreement, Purchase of Real Property Agreement, and Project Ordinance Amendment (POA-22-07) - CCL Label Inc. - Town of Fuquay-Varina Business Park Purpose – To consider the approval of Project Ordinance Amendment (POA-22-07), approval of the sale of real property, price and terms and conditions located at 1599 Dash Drive (PIN 0666669612), and an Economic Development Incentive Agreement in an amount up to $750,000 for CCL Label Inc., a new manufacturing facility project. 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. In 2018, the Town purchased approximately 33 acres of industrial-zoned property from TE Connectivity, intending to create a business park site capable of recruiting new capital investment to expand the Town's tax base and create employment opportunities for the residents Fuquay-Varina. In 2019, the Town's business park site was designated a North Carolina "Shovel Ready" site and was re-certified in 2021. This past summer, Town staff held a site visit with CCL Industries Inc. to discuss development opportunities on the Town-owned business park property. CCL Industries LLC, headquartered in Toronto, Canada, and Framingham, Massachusetts, is the world's largest manufacturer of specialty film materials for a wide range of decorative, instructional, functional, and security applications for government institutions and large global customers in the consumer packaging, healthcare & chemicals, consumer electronic device, and automotive markets. CCL Industries LLC is divided into four subsidiaries: CCL Container, Avery, Checkpoint, and CCL Label. CCL Label, Inc. has proposed purchasing and constructing a new division and manufacturing operations unit on the Town-owned business park site. The Company has proposed to purchase all 32.28 acres of Town-owned business park property and construct a new 110,000 square foot manufacturing facility that will manufacture pressure-sensitive labels and digitally and printed literature products for the pharmaceutical and healthcare markets. The proposed new construction project will result in $29,000,000 in new capital investments. In addition to the new facility construction and the purchase of new machinery/equipment, the Company intends to create 150 new full-time employees over five years with a projected average annual wage of $70,000.00, which is above Wake County's average annual wage $63,966. The total project costs are estimated at $33,810,000.00 and include the $29,000,000 in new capital investments. Management and staff's recommendation, with concurrence by the Town Board, is to offer $750,000.00 in economic development incentive assistance that is equal to 2.5% of the $29,000,000 capital investment proposed by the company. The recommended funding assistance is consistent with the Town's Economic Development Incentive Policy, where the Town may participate in the construction of new, expansion, or relocation of manufacturing facilities that demonstrates significant capital investment and job creation for the Fuquay-Varina community. The Town's participation in this recruitment project has helped secure the Company's commitment to invest these project funds in their proposed Fuquay-Varina facility vs. investing in a facility outside of the community. In addition, the Company is proposing to purchase all of the Town-owned business park property with the proposal to construct their 110,000 square foot manufacturing operation and have already indicated future plans to expand their manufacturing footprint on the site. The proposed project is consistent with the Town of Fuquay-Varina Strategic Plan 2021-2025 by supporting the following Core Values and Initiatives: - Fiscal Strength, Objective #1 - Initiative #3, to maintain and improve the Town's bond rating by fostering non-residential tax base growth. - Economic Vitality, Objective #2 - Initiative #3. Provide supportive land use planning and development regulations that preserve industrial and employment center land identified in the adopted land use plan for non- residential development. - Economic Vitality, Objective #3 - Initiatives #1 & #2. Promote Fuquay-Varina as a destination for investment to support diverse growth and sustainability. Identify and recruit specific retail, commercial, and medical services that are important to the community and recruit manufacturing users to the Fuquay-Varina Business Park. Management and staff recommend the proposed economic development incentive funding request and sale of the Town's business park property to CCL Label Inc. Management believes the proposed new manufacturing facility and creation of 150 new full-time jobs will continue to demonstrate the Town's commitment to fostering public-private partnerships with its local industry leaders that provide a significant tax base and employment opportunities for the citizens of Fuquay-Varina. The proposed $29,000,000 in new capital investment consisting of new building construction and machinery/equipment will create an additional tax base and annual ad valorem revenue in the amount of $114,550.00. This investment results in a 6.5-year payback based on the Town's proposed financial incentive up to $750,000.00. This payback period is justified by the investment in a stable and growing international corporation, one of the world's largest manufacturers of specialty film and security applications. The economic development incentive will require a $750,000.00 appropriation from the Town's Economic Development Business Park Capital Project Fund where funds have been identified following the sale of real property. Economic funding assistance will be paid to the Company after all new construction improvements and machinery/equipment purchase investment thresholds have been met and confirmed by the Wake County Tax Office. The Company has agreed to purchase the property located at the Town's Business Park, 1599 Dash Drive (PIN 0666669612), for $2,260,000.00 or $70,012.00 per acre. This purchase price is based on the value determined by an appraisal conducted by the Town. The Town originally purchased this property in March 2018 for $1,628,000.00 or $50,433.00 per acre. Proceeds from the sale of the property will be restricted for future business park capital projects related expenses and economic development business park related incentive agreements, to include the CCL Label Inc. economic development incentive of $750,000. The land purchase agreement is to be finalized by the Town Attorney and will include terms for the Town to repurchase the property in the event the Company does not commence construction on the project site within 12 months of closing, to include a reasonable inspection period, and standard terms applicable to commercial real estate purchase/sale contracts. Public Hearing – The public hearing was opened. David Laverde, with CCL Label Inc., spoke in favor of the Economic Development Incentive Agreement. He stated that they are excited to be in Fuquay-Varina and be able to expand their business. No one spoke in opposition to the Economic Development Incentive Agreement. The public hearing was closed. Discussion – Mayor Pro-Tem Massengill stated that what he likes about this project is the payback when recruiting a high-end manufacturer and this is something our citizens have wanted. He remarked that when you look at the payback period, the tax payments that are  generated, the Town purchase of the land and the appreciation and this becomes a partnership opportunity with CCL. This is a win win for our citizens, for the Town and for CCL Label Inc. Town Manager Mitchell stated Tiffany McNeill our Economic Development Director has come on board and hit the ground running and will be working with CCL to help them with their workforce development and training needs as well as continuing to recruit opportunities for our community. Also, Assistant Town Manager Seymour was very involved in this project and recruiting high end advance manufacturing to our Town. He also thanked the Town Board for making the investment in the property to be able to recruit a great company like CCL. He thanked Assistant Town Manager Seymour and Economic Development McNeill for their efforts in recruiting CCL Label, Inc. Recommendation – 1) Authorize the Town Manager to execute and administer an Economic Development Incentive Agreement in an amount up to $750,000.00 for the proposed CCL Label Inc. Manufacturing Facility Project as presented and recommended; and 2) Approve the sale price of $2,260,000.00 and related conditions for the sale of real property owned by the Town located at 1599 Dash Drive (PIN 0666669612) to be finalized by the Town Manager and Town Attorney; and 3) Approve Project Ordinance Amendment (POA-22-07). Notice of this project's public hearing for the recommended economic development appropriations and sale of property has been advertised pursuant to North Carolina's Economic Development General Statutes 158-7.1. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-21-35 CONSENT AGENDA 8A Resolution - 2020 Local Water Supply Plan Purpose – To consider adoption of a Resolution approving the Town of Fuquay-Varina 2020 Local Water Supply Plan. Recommendation – Adopt the resolution for approval of the Town of Fuquay-Varina 2020 Local Water Supply Plan as recommended and presented. Resolution No. 21- 1727 8B Budget Amendment - Recognizing Insurance Proceeds - Police Department - Unit 219 - BA-22- 17 - $3,285.00 Purpose –To consider a budget amendment that recognizes insurance proceeds/restitution in the amount of $3,285.00 from National General Insurance for repairs for Fuquay-Varina Police Department Vehicle (Unit #219). Recommendation – Approve Budget Amendment BA-22-17 as presented and recommended. 8C Budget Amendment - Recognizing Insurance Proceeds - Fire Department - Unit 137 Rescue 1, Recognizing Donation from Massengill Design Build, and Recognizing Small Capital Funds from Wake County - BA-22-20 - $21,395.00 Purpose – To consider a budget amendment that recognizes insurance proceeds in the amount of $21,395.00 from the NC League of Municipalities Interlocal Risk Financing Fund for repairs to Fire Department Unit #137 (Rescue 1), Donated funds from Massengill Design Build, and Small Capital Funds from Wake County. Recommendation – Approve Budget Amendment BA-22-20 as presented and recommended. 8D Voluntary Annexation Petition - Rowlands Grant - 5860 Hilltop Road (portion), 1913 Ken Drive, 1941 Ken Drive, 1979 Ken Drive, 1812 Ken Drive, 1806 Ken Drive, 1916 Ken Drive - PIN 0677967743, 0687068633, 0687079558, 0677957383, 0687056735, 0687052038, 0687260272 (portion), and 0677964322 - ANX-2021-10 Purpose – To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition and to adopt a resolution setting a public hearing for December 6, 2021, following the receipt of the petition for voluntary annexation of property owned by Linda L. Rowland, Robin T. Morris, Mark S. Taylor, Greenpointe, LLC, and Jean S. Fish containing a total of approximately 113.05 acres. Recommendation – Adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition and adopt the resolution setting the public hearing for a voluntary annexation petition on December 6, 2021, for property owned by Linda L. Rowland, Robin T.  Morris, Mark S. Taylor, Greenpointe, LLC, and Jean S. Fish - ANX-2021-10, as presented and recommended. Resolution No. N-21-1728 Resolution No. N-21-1729 8E Professional Services/Contract Award - McGill Associates - NC Parks and Recreation Trust Fund (PARTF) Grant Application - Community Center North Project Purpose – To consider a contract award for the North Carolina Parks & Recreation Trust Fund Grant application with McGill Associates in the amount of $18,600. Recommendation – Authorize the Town Manager to execute a contract with McGill Associates for the North Carolina Parks and Recreation Trust Fund Application in the amount of $18,600, as presented and recommended, subject to Town Attorney review as to form. 8F Loan Modification Installment Financing Contract, Series 2015 - BA-22-18 Purpose – To consider modifying an existing installment purchase agreement with Capital One Public Funding, LLC. to reduce the interest rate and approve a budget amendment (BA-22-18) allocating funds for closing costs. Recommendation – Approve the attached resolution to modify an agreement with Capital One Public Funding, LLC to reduce the interest rate, and approve the budget amendment BA-22-18 appropriating fund balance for closing costs. Resolution No. N-21-1730 8G Town Code Amendment - Part 8:Offenses, 8-1002-Drinking on Town Property Purpose – To consider approval of a Town Code Amendment to Part 8:Offenses, 8-1002- Drinking on Town Property. Recommendation – Amend the Town Code of Ordinances, Part 8:Offenses, 8-1002-Drinking on Town Property as presented and recommended. Ordinance No. M-21-03 8H Recreation Unit Fee-In-Lieu - Saunders Farm Subdivision - SUB-PR-2021-16 Purpose – To consider acceptance of a fee-in-lieu for Recreation Unit Fees for Saunders Farm Subdivision in the amount of $118,454.56. Recommendation – Approve the fee-in-lieu request for Saunders Farm Subdivision in the amount of $118,454.56 for Recreation Unit Fees as presented and recommended. 8I Recreation Unit Fee-In-Lieu - Bentwinds Bluffs Subdivision Phases 4 & 5 - SUB-PR-2021-04 Purpose – To consider acceptance of a fee-in-lieu for Recreation Unit Fees for Bentwinds Bluffs Subdivision Phases 4 & 5 in the amount of $40,799.51. Recommendation – Approve the fee-in-lieu request for Bentwinds Bluffs Subdivision Phases 4 & 5 in the amount of $40,799.51 for Recreation Unit Fees as presented and recommended. Ø This item was pulled from the Consent Agenda for further discussion as requested by Mayor Pro-Tem Massengill. 8J Utility Allocation Request - Bentwinds Bluff Phase 4 & 5 Purpose – To consider a utility allocation request for the Bentwinds Bluff Phases 4 & 5 Recommendation – Approve the recommended Utility Allocation Agreement Request for Bentwinds Bluff Phases 4 & 5 as presented and recommended. Ø This item was pulled from the Consent Agenda for further discussion as requested by Mayor Pro-Tem Massengill A motion was made to approve Consent Agenda items 8A-8H. MOTION Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) ITEMS REMOVED FROM CONSENT 9A Consent Agenda removed for discussion: Request for Recusal Mayor Pro-Tem Massengill requested that the Town Board recuse him from discussion and action on items 8I and 8J as he is involved in these projects. Motion to recuse Mayor Pro-Tem Massengill as requested. MOTION: Commissioner Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (4-0) 8I Recreation Unit Fee-In-Lieu - Bentwinds Bluffs Subdivision Phases 4 & 5 - SUB-PR-2021- 04 Purpose – To consider acceptance of a fee-in-lieu for Recreation Unit Fees for Bentwinds Bluffs Subdivision Phases 4 & 5 in the amount of $40,799.51. Recommendation – Approve the fee-in-lieu request for Bentwinds Bluffs Subdivision Phases 4 & 5 in the amount of $40,799.51 for Recreation Unit Fees as presented and recommended. 8J Utility Allocation Request - Bentwinds Bluff Phase 4 & 5 Purpose – To consider a utility allocation request for the Bentwinds Bluff Phases 4 & 5 for 9,900 gpd sewer and 11,800 gpd water. Recommendation – Approve the recommended Utility Allocation Agreement Request for Bentwinds Bluff Phases 4 & 5 as presented and recommended.  A motion was made to approve Consent Agenda items 8I & 8J. MOTION Commissioner Wunsch SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (4-0) ADMINISTRATIVE REPORTS 10A Community Center North Design Services Agreement Amendment - HH Architecture - $2,166,200 - Budget Amendment BA-22-16 and Project Ordinance Amendment - $1,500,000 Purpose – To consider a design contract amendment for the Community Center North Project, budget amendment, and project ordinance amendment and recognize an intent to reimburse declaration. 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. Advanced planning and design of the Community Center North with a dedicated space for Active Adults, including the community engagement process, were included in the FY 2021 budget and a preferred conceptual design was approved by the Town Board on August 17, 2021. Since conceptual design selection, Town staff have continued to work with the WCPSS project team and HH Architecture to plan for provision of infrastructure and refine site design consistent with the approved ILA and master plan. Additionally, Town management and staff have worked to negotiate a scope and fee with HH Architecture to complete schematic design and prepare construction drawings for the selected schematic design, to include full design and construction drawing development of both phase 1 and phase 2 of the approved conceptual design. This approach will best position the Town to design the facility to seamlessly accommodate future expansion and will also allow for a phase 2 to be included as a bid alternate for construction if it is the will of the Town Board and financially feasible. Construction is planned to begin in early FY 2023 and was supported by the residents with a successful Parks and Recreation Bond Referendum passing on November 2, 2021, with 69% of the vote. This multi-generational facility will allow the Town to meet the recreation needs of all ages, offer additional specialized active adult programs, and offer recreation facilities in proximity to where residents live as the Town’s footprint continues to grow. On December 7, 2020, the Town Board awarded the design contract to HH Architecture, and the design contract was approved by the Town Board on January 4, 2021. The design contract reflected an initial scope of Advanced Planning Services with an Active Adult consultant at a total cost of $288,000 for a projected 44,500 square foot facility. Additionally, a total design cost was anticipated at $1,143,450 for a 44,500 square foot facility, and an initial scope was identified for that projected fee to include 1. Advanced Planning 2. Schematic Design 3. Landscape Architecture 4. Structural, Mechanical/Electrical/Plumbing 5. Construction Cost Estimates 6. Additional services provided by Lifespan Design Studio for Senior Center Consulting. The January 4, 2021, design cost estimate of $1,143,450 is the current budget for the project. This fee was based off a projected $10.4 million construction cost and a 44,500 square foot facility. On August 17, 2021, the Town Board approved Conceptual Design B that includes a cumulative total of 75,899 square feet between Phases 1 and Phase 2. The following key components are included in Phase 1: administrative offices, two full size basketball courts that can also be utilized for pickleball, a demo / catering kitchen, multi-purpose room, two flex rooms for a variety of programming, concession stand, restrooms, spacious lobby, exercise room, suspended walking track, and an active adult wing that includes a lounge, office, personal services room, private restrooms, meeting/activity room, arts and crafts room and an exercise studio. Phase 2 adds a single full court gymnasium, two racquetball courts, restrooms, an additional flex programming room and expansion of the suspended walking track. At this meeting, cost estimates were also presented, projected construction estimates for Phase 1 were $22,593,943 and Phase 2 $8,222,206 for a total of $29,607,989, these construction estimates did include a 4.5% escalation and a 3% owners contingency. The increase in projected construction estimates include a 27% increase in square footage in Phase 1 and 68% additional square footage when comparing Phase 2 design with the original 45,000 square feet in the original design contract. It is also important to note that there is additional design complexity created by designing a phased facility, as the design will need to accommodate exterior design for the original facility, and interior spaces and building systems to support Phase 1 and Phase 2. While a greater design cost initially, designing for phased expansion is likely to yield considerable savings in future re-design, construction, and mitigating the need for acquiring and developing new facility sites. Since approval of Concept B on August 17th, Town staff has been working with HH Architecture to revise and accurately reflect the scope of work based off the updated construction estimates and square footage associated with Concept B. The revised design agreement includes the following additional fees based off the increased scope of work: Advanced Planning, Schematic Design, Design Development, Construction Documents, Bidding, Construction Administration, Closeout and Lifespan Design Consultants. The amended design contract totals $1,310,750 and includes all services through the duration of the project. This amendment includes the full design of Phases 1 and 2 as Town staff anticipate bidding Phase 2 and an alternate and will evaluate feasibility at the conclusion of the bidding process. The following is an estimated timeline for the Community Center North Project: Schematic Design: November 2021 – January 2022 Design Development: February – March 2022 Construction Documents: April – June 2022 Owner Review Permitting: July 2022 Bidding: August - September 2022 Award Project: October 2022 Construction Contract: November 2022 Construction Timeline: November 2022 – April 2024 Closeout: May 2024 Management and staff recommend the negotiated scope and fee agreement subject to the Town Attorney review as to form, and approval of the associated budget amendment and project ordinance amendment while also recognizing the intent to reimburse declaration. The current project budget for the Community Center North project is $1,143,450. Of this amount, $288,000 was previously obligated toward the January 4, 2021, Advanced Planning contract. The proposed scope and fee for the remaining design services for both phases per the proposed contract amendment is $2,166,200. A budget amendment and project ordinance amendment are required to support the proposed contract, and a budget amendment of $1.5 million is proposed to support the $1,310,750 in design costs above the current budget and other costs associated with master plan design and infrastructure development of the site. An intent to reimburse resolution is recommended, which will allow the $1.5 million for completion of the design to be reimbursed with Parks and Recreation bond proceeds. The bond sale is expected to align with award of the construction contract in late summer/early fall 2022. Discussion – Mayor Byrne stated that he likes the fact that by the way we obtained the property we were able to build a little bigger facility. Staff has also done a great job with working with Wake County School System to be able to share the parking. Commissioner Harris stated he needed some clarification on the language. He stated that there was some concern about the public input from the Active Adult Community regarding Design B. He asked if the feedback on the design contract amendment came from members of the Active Adult Community. Town Manager Mitchell stated that the design contract amendment is just the formal terminology, and it is amending the amount to be paid to the designer for the work to be done. He stated that it is not intended to imply that the design itself will be amended. He stated that once the Town Board settled on Concept B that is when the process moved forward to the construction documents being prepared. Mayor Pro-Tem Massengill asked what the percentage was of the bond passing. Town Manager Mitchell stated that it was 69%. Commissioner Harris asked that in the next phase would there be room for additional input or is that already included. Town Manager Mitchell stated that it was already included. He stated that H&H Architect will develop construction drawings based on the conceptual plan that has been approved by the Town Board and that we have received public input and will not develop construction drawings that are outside of the concept that has already been approved. Town Manager Mitchell stated that the construction drawings will reflect Concept B but in terms of the way the rooms are laid out for the best and most efficient public uses, that is something we will continue to work on. Recommendation – Approve a design contract amendment with HH Architecture for the Community Center North Project, project ordinance amendment, and budget amendment as presented and recommended and recognize the intent to reimburse declaration as submitted by the Town Finance Director. MOTION: Commissioner Smith SECOND: Mayor Pro-Tem Massengill MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-21-36 10B Preliminary Subdivision Plat - Bentwinds Bluffs Subdivision Phases 4 & 5 - SUB-PR-2021-04 Purpose – To consider a preliminary subdivision plat submitted by Curry Engineering, called Bentwinds Bluffs Subdivision Phases 4 & 5, located at 6717 Old Mills 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, Bentwinds Bluffs Subdivision Phases 4 & 5, is located at 6717 Old Mills Road on 14.15 acres in the Residential Medium Density Conditional Zoning District (RMD-CZD) with the following zoning conditions regarding the site-specific standards of the subject property: 1) All lots to have one single-family detached dwelling. 2) Vinyl siding is not permitted. Vinyl windows, decorative elements, and trim are permitted. 3) No unit shall be constructed with an exterior elevation and color palette identical to the unit on either side or directly across the street. 4) Any side or rear façade adjacent and visible from existing public ROW shall have either a covered or enclosed front or rear porch, or decorative trim or shutters around all windows. 5) Minimum of 24" masonry material at the base along the front façade and surrounding entryway. 6) Garage doors shall contain windows, decorative details, or carriage style adornments. 7) Each unit shall have a front door with a minimum of 25% glazing, transom, or door sidelights. The preliminary subdivision plat proposes 33 residential lots meeting the standards for a conventional subdivision development. The minimum lot size permitted is 10,000 square feet. The minimum lot provided is 10,025 square feet with an average lot size of 14,376 square feet. There is no open space required but there are 1.10 acres of overall open space provided. Vehicular access to the project area is provided via Old Mills Road. Old Mills Road is classified as a local street by the Town's 2035 Community Transportation Plan and is a 60 foot right-of way with two (2) lanes. This development will be responsible for the sidewalk installation and roadway improvements along its frontage. The current carrying capacity for Old Mills Road is 11,800 Average Daily Trips (ADT). Less than a half mile south of the subject property, 2015 NCDOT traffic counts on Old Mills Road indicate a volume of 800 Average Daily Trips (ADT). 2019 NCDOT traffic counts are not available. Public water and sewer are available to serve the subject property 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 September 20th, 2021, regular meeting, the Planning Board found the subdivision plat consistent with Town requirements and voted unanimously to recommend approval. Discussion – Mayor Byrne stated that he likes that the average lot size is 14,000 square feet. Request for Recusal Mayor Pro-Tem Massengill requested that the Town Board recuse him from discussion and action on Item 10B as he is involved in this project. Motion to recuse Mayor Pro-Tem Massengill as requested. MOTION: Commissioner Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (4-0) Recommendation – Approve Bentwinds Bluffs Subdivision Phases 4 & 5 preliminary subdivision plat SUB-PR-2021-04, as presented and recommended. MOTION: Commissioner Wunsch SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (4-0) 10C Preliminary Subdivision Plat – Saunders Farm Subdivision - SUB-PR-2021-16 Purpose – To consider a preliminary subdivision plat submitted by Timmons Group for the Saunders Farm Subdivision located at 7621 S NC 55 Highway. 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, Saunders Farm Subdivision, is located at 7621 S NC 55 Highway on 72.33. acres in the Residential Medium Density Conditional Zoning District (RMD- CZD) with the following zoning conditions applicable the permitted use of the subject property: 1) Townhomes (attached and detached) 2) Single-Family detached homes The following conditions are proposed site-specific standards of the subject property: 1) The neighborhood will consist of a Horse Farm theme emphasizing rural, agricultural, or equine features in the common area structures, fencing, and monumentation. 2) Common area structures will consist of a Pool House that includes a fitness room and covered pavilion with horse barn or farmhouse theme. Elements may include board and batten siding, a weathervane, and barn-style board, and batten shutters. The outdoor pool will have at least 3,000 square feet of surface area with an associated pool deck and parking area. 3) Additional structures will include a covered pavilion for mail kiosks and a covered pavilion/gathering area with outdoor sports features such as cornhole and horseshoes. The architecture will be consistent with the theme of the Pool House. 4) Other amenity areas will include a tot lot, dog park, and open lawn areas. Nature trails will provide access to common areas and provide connectivity throughout the neighborhood. 5) Monumentation at the entrance will emphasize the community theme. Accent fencing at the entry and common areas will include split rail fencing and/or brick columns. 6) The Development will consist of Single Family Detached Homes, Attached Townhomes, and Detached Townhomes. All homes will have an enclosed  garage. The Townhome development will include front garage and rear garage homes. The Detached Townhomes will have a rear garage and will not exceed 30' in width measured at the front elevation. 7) The architecture of the homes will consist of a Modern Farmhouse Style and will include other appropriate home styles to encourage diversity within the neighborhood. Exterior building features may include board and batten siding, horizontal siding, shake shingle, and masonry accents. Architectural details may include board and batten shutters, standing seam metal roof features, and carriage-style garage door hardware. 8) A varied color palette shall be utilized on homes throughout the subdivision to include a minimum of four (4) color families for siding and shall include various trim, shutter, and accent colors complementing the siding color. 9) Garage doors will be painted to match the house trim, siding color or will be allowed to have an acceptable accent color. Front-facing garage doors will have either windows, decorative details, or carriage-style adornments. Garage doors that protrude more than one foot from the front façade or porch will have either a variation in roof form, balcony, trimmed window, lights, or a decorative vent over the door area to minimize the visual impact of the garage façade. 10) In order to promote variation in home appearance, no home can be constructed with either an exterior elevation (front façade) or color palette that is identical to the home on either side or directly across the street from it. Variation of the front façade shall include at least three of the following: a) Changes in exterior materials such as brick, masonry, board, and batten, horizontal, or shake siding. b) Changes in roof lines, direction, or materials c) Addition of front dormers, shed roofs, or gables d) Addition/Variation of a front porch, balcony, covered entry, portico, or stoop e) Addition of decorative trim, shake, cornice, horizontal trim, brackets, or air vents/windows on gables f) Addition of covered side entry g) Addition of shutters, window trim, or window grids h) Addition of a trellis or shed roof over garage door i) Entry door with a minimum of 25% glazing j) Addition of bay, transom, or casement window k) Architectural shingles  l) Addition of windows, decorative details, or carriage style adornments in the garage door m) A variation of the Color Palette can be achieved by selection of one of the four (4) available color families for applications to siding, trim, shutter, and accent materials that are not used on an adjacent home. 11) Vinyl siding is not permitted; however, vinyl windows, decorative elements, and trim are permitted. 12) The Single-Family portion of the neighborhood will be developed as an Open Space development in accordance with the Town’s Land Development Ordinance. 13) The number of Townhomes will not exceed 150. 14) Private driveways will not be allowed to access NC-55 or the proposed collector drive (Denson) that connects to NC-55. 15) On-street parallel parking will be allowed in the townhome portions of the neighborhood. 16) The density of the development shall be limited to 3.25 dwelling units per gross acre. 17) The width of the required perimeter buffer along the southern property line between lots with a Wake County PIN 0675339927 and PIN 0675537664, will be increased to 25'. Existing vegetation within this 25' buffer will be retained except up to 20% of the area of this buffer can be disturbed as required for construction of utilities, drainage, and stormwater treatment devices. 18) The rear of homes adjacent to NC-55 will have variation in the roofline and include trim and shutters on the rear windows. 19) A 6' tall wooden fence shall be installed as part of the buffer along the NC-55 right-of-way where homes adjoin the buffer. The following conditions are proposed Single Family Residential standards of the subject property: 1) Single family home types shall have a crawl space, basement, or turned-down slab foundation with a minimum of 20-inches from grade to front elevation finished floor. On front elevations, the 20-inches will have masonry such as brick or stone. The side and rear of houses do not have to meet these requirements. 2) The roof for primary structures (i.e., excluding porches, bay windows, etc.) shall be pitched at 5:12 or greater. Roofs shall have a minimum 12-inch overhang on the sides.  3) The side or rear elevation of the home that faces an existing or proposed public right-of-way (excluding alleys) must include at least two (2) of the following elements: a) Window with shutters b) Masonry for at least 10% of wall area c) Variation in siding material pattern for at least 20% of the wall area d) Bay, transom, or casement window e) Decorative trim, shake, cornice, horizontal trim, brackets, or air vents/windows on gables f) Column, Porch, Portico, Dormer or Balcony g) Entry door with a minimum of 25% glazing h) Architectural shingles i) Matching window grids 4) At least ten (10) homes that are located at main intersections within the neighborhood will consist of at least three (3) of the above features. The following conditions are regarding Single Family Residential standards of the subject property: 1) House entrances for units with front-facing single-car garages shall have a prominent covered porch or stoop area leading to the front door. 2) Attached Townhomes will consist of a mix of three (3), four (4), five (5), and six (6) unit buildings. 3) The roofline of attached townhome buildings cannot be a single mass; it must be broken up horizontally and vertically between every unit by staggering the unit a minimum of 24" or providing a minimum 8" vertical step between units. End units shall consist of a minimum 12-inch overhang on the sides. 4) The side or rear elevation of a townhome that faces an existing or proposed public right-of-way (excluding alleys) shall include two (2) of the following elements (at least three (3) townhouse end units that are located at main intersections within the neighborhood will consist of at least three (3) of these features): a) Windows with shutters b) Addition of a gable, dormer or shed roof. c) Two or more building materials d) Decorative trim, shake, cornice, horizontal trim, brackets, or air vents/windows on the gable  e) Masonry for at least 10% of wall area f) Variation in siding material pattern for at least 20% of the wall area. g) Column, Porch, Portico, Dormer or Balcony h) Side entry i) Entry door with a minimum of 25% glazing. j) Architectural shingles k) Matching window grids 5) Building facades shall have horizontal relief achieved by the use of recesses, staggered units, or projections. The preliminary subdivision plat proposes 92 single family lots, with 113 attached townhome lots and 27 detached townhome lots meeting the standards for a 25% open space subdivision development and townhouse development. The minimum required lot size permitted for the single family detached lots is 5,000 square feet and minimum lot size proposed is 5,814 square feet. The average lot size provided for single family detached lots is 7,253 square feet. The minimum required lot width for detached townhomes is 30 feet and the minimum lot width proposed is 39 feet. The average detached townhome lot size provided is 5,834 square feet. The minimum required lot width for attached townhomes is 18 feet and the minimum lot width proposed is 21 feet. The average attached townhome lot size provided is 2,606 square feet. Following the 25% open space requirement for subdivision developments, for the 47.12-acre single family detached home tract, a minimum of 11.78 acres of overall open space with 2.36 acres of common green area is required. There are 25.72 acres of overall open space with 2.47 acres of common green area provided. Following the 15% open space requirement for townhome developments, for the 24.32-acre townhome tract a minimum of 3.65 acres of open space is required. There are 9.06 acres of open space provided with 3.8 acres of the townhome area improved for active recreation. Vehicular access to the project area is provided via S NC 55 Highway and Denson Road. The proposed Ranch Drive will additionally provide access to the site from Maude Stewart Road. S NC 55 Highway is classified by the 2035 Community Transportation Plan (CTP) as a 120-foot right-of-way and is identified as a four (4)-lane median divided road with sidepaths. S NC 55 Highway is currently a variable width right of way with two (2) lanes and a middle turning lane. This development will be responsible for half of the future right-of-way dedication and roadway and sidewalk construction. The subdivision will also provide five (5) stub roads for future connection to the site; four (4) to the north and one (1) to the east.  The current carrying capacity of S NC 55 Highway is 11,800 average daily trips (ADT). 2019 NCDOT counts north of the property on S NC 55 Highway, indicate a volume of 15,000 average daily trips (ADT). A connection to Maude Stewart is proposed. The current carrying capacity of Maude Stewart Road is 13,100 average daily trips (ADT). 2015 NCDOT counts north of the property's connection on Maude Stewart Road, indicate a volume of 17,000 average daily trips (ADT). 2019 counts are not currently available. Denson Road is currently a single lane paved driveway for which NCDOT traffic counts are not available. Public water and sewer are available to serve the subject property and will be installed by the developer. As a result of the development, public water will be extended across the subdivision to serve Maude Stewart Road for future development. The proposed preliminary subdivision plat meets all Town requirements, as such management and staff recommend approval. At the October 18th, 2021, regular meeting, the Planning Board found the subdivision plat consistent with Town requirements and voted unanimously to recommend approval. Discussion – Mayor Byrne stated that he like the 25% open space and the average lot sizes. Recommendation – Approve the Saunders Farm preliminary subdivision plat SUB-PR-2021-16, as presented and recommended. MOTION: Commissioner Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) 10D Future Water Supply Project - Interlocal Agreement (Engineering/Design) - Town of Fuquay- Varina & City of Sanford Purpose – To consider an Interlocal Agreement for a cost sharing arrangement between the Town of Fuquay-Varina and the City of Sanford for the Town's participation in the design and engineering services to expand the Sanford Water Treatment Plan. 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 City of Sanford owns and operates the Sanford Water Treatment Plan (WTP), which was originally constructed in 1970 with a capacity of 6 million gallons per day (mgd). In 1990, the plant was expanded to 12 mgd. This WTP has seen an increase in demand that is rapidly approaching the plant's maximum capacity. As a result, the City of Sanford has been in discussions with neighboring municipalities interested in purchasing water and experiencing robust growth throughout their respective communities. The City of Sanford, with participation from the Town of Fuquay-Varina, selected the firm, Hazen and Sawyer, to provide engineering services to expand its Water Treatment Plant. Hazen completed a preliminary engineering report (PER) for the Sanford WTP to assess the possibility of expanding its current WTP by 18 mgd, 24 mgd, or 30 mgd. Hazen has provided the Town and the other participating jurisdictions preliminary construction scope of work and opinion of probable construction costs for the WTP expansion. In addition to the expansion of the Sanford WTP, the Town is concurrently working with consulting firms Hazen and Sawyer and Freese Nichols for the PER to design the required water conveyance system from the Sanford WTP. As of this Town Board meeting, the conveyance PER has not been finalized by the consultants. Staff is working with consultants on both the expansion and conveyance projects to refine cost estimates better and intends to present this information to the Town Board at a later date. The City of Sanford has asked the Town to enter an Interlocal Agreement (ILA) to determine mutual interest and benefits for collaborating on the Sanford WTP expansion to serve each community's future water needs. The ILA details a cost-sharing arrangement for design and engineering services to expand the Sanford WTP between the Town and the other jurisdictions wishing to participate in the project. The other jurisdictions committed to participating in the WTP expansion project include the City of Sanford, Town of Fuquay-Varina, Town of Holly Springs, Town of Pittsboro, and Chatham County. According to the ILA, each of these jurisdictions will mutually share in the costs of conducting joint engineering and design work for the incremental expansion of the Sanford WTP by 18 mgd. Each entity's incremental capacity allocation determines each jurisdiction's cost participation requested out of the total 18 mgd WTP expansion project. Of the 18 mgd expansion, the Town is requesting six (6) mgd of capacity allocation, which equates to 33.3% of the total 18 mgd expansion. The total cost to design and engineer the 18 mgd expansion is $11,249,000 of which, the Town will pay $3,745,917 (33.3%) for its portion of the requested capacity allocation. In addition to defining the shared costs to design and engineer the expansion, the ILA also delineates areas of collaboration between the project parties involved that include but are not limited to: 1) Participate in the joint report workshops and meetings and cooperate in distributing available information to the other party and any third parties as required. 2) Review infrastructure and water treatment alternatives. 3) Develop a design. 4) Obtain bids from Contractors. Management and staff recommend approval of the Inter-Local Agreement, as it will allow the project to advance and remain on the schedule needed for all parties to ensure a safe and sustainable drinking water supply for their respective communities. The Town's portion of cost-sharing for the engineering and design of the Sanford Water Treatment Plant expansion project is estimated to be $3,745,917.00. This preliminary cost estimate includes the Town's design and engineering work directly relating to the Town's request to expand and secure capacity allocation of 6 mgd as part of the water treatment plant overall 18 mgd expansion project. All jurisdictions participating in the Interlocal Agreement (ILA) have agreed to fund the design and engineering work related to their specific requested incremental capacity allocation as part of the overall project. The total cost of the water treatment plant's 18 mgd expansion is $11,249,000.00. The Town would be obligated to fund 33.3% of this total cost based on the Town's requested allocation capacity of 6 mgd out of the total 18 mgd expansion. All design and engineering costs will be reimbursed directly to the City of Sanford under the terms of the ILA. The duration of the ILA is for two years, but the Town reserves the right to terminate participation in the ILA upon a 30-day written notice. In an early termination, the Town will remain obligated to pay its portion of the shared project design and engineering costs. This early termination term applies to all other jurisdictions participating in the expansion project. In the event the Town decides to terminate its participation in the ILA, the Town shall have no further liability to the City of Sanford or any third party for any other costs, claims, or demands  related to the project except for the specific design and engineering monetary obligations of $3,745,917.00 as specified in the ILA for design and engineering costs. Discussion – Mayor Byrne stated that one of the values for the Town is that Town of Holly Springs has joined in on the agreement which helps reduce the cost. Town Manager Mitchell acknowledged the work that Assistant Town Manager Seymour, Public Utilities Director Wagner, and Town Attorney Adcock put into the Interlocal Agreement. Recommendation – Approve the Interlocal Agreement for engineering and design services and shared costs related to the expansion of the City of Sanford Water Treatment Plant and distribution system as presented and recommended. This Interlocal Agreement has been reviewed and approved by the Town Attorney. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) 10E Public Utilities Capacity Allocation Policy - Water & Wastewater Utility Allocations Purpose – To consider a resolution adopting a Water and Wastewater Utility Allocation Policy. 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 has contributed to the infrastructure essential to support a growing and healthy community. Water and wastewater capacities are among the most important elements of this infrastructure. This Policy intends to provide for the judicious allocation of water and wastewater resources in conformity with adopted development goals and priorities consistent with the visions of the Town's Strategic Plan. In addition, this Policy is intended to manage the Town's water and wastewater capacities as the Town expands its utility infrastructure. Recognizing that the capacity of water and wastewater facilities, distribution, and collections infrastructure is finite and adding capacity is expensive, this Policy has been established as a framework for more formally tracking the Town's water and wastewater resources. By way of this Policy, the Town shall effectively allocate available water and wastewater capacity to new developments as a means of maintaining a reasonable balance of land-uses. All utility allocation requests, unless otherwise specified in the Policy, must be approved by the Fuquay-Varina Town Board of Commissioners. The Town Board will only consider those utility allocation requests that are completed and contain the necessary project-related information. The approval of the Town utility allocation request must be contingent on an approved preliminary plat (residential developments) or site plans (non-residential) and in conjunction with pending state water/wastewater permits. All utility allocation requests must be considered on a prioritized basis. Utility Allocation requests will be submitted for residential, commercial, institutional, or industrial use with the first preliminary subdivision development or site plan submittal. Developments given priority for allocation will consist of the following elements: A. Developments located within the Town's corporate limits. B. Developments approved before the effective date of this Policy. C. Residential, commercial, industrial, and infill development projects consistent with the Town's Land Use Plan and consistent with the Town's Land Development Ordinances and land use planning policies. D. All water and wastewater allocations requests shall be based on the use capacities identified in the North Carolina Administrative Codes regulating public water distribution systems in conjunction with the Town's Local Water Supply Plan. The following criteria will be used for allocating utility capacities: 1. Single Family Development. Single-family, townhome, and duplex developments consisting of 75 lots or less shall be considered for utility allocation. Developments consisting of more than 75 lots shall be subject to a phased utility allocation approach. Each phased approach in a single-family development shall not exceed 75 lots per utility allocation request. Subsequent utility allocation requests may only be submitted for approval once a development has attained Certificate of Occupancies on 60 lots for each phase of 75 lots approved for utility allocation.  2. Multi-Family Development. Developments consisting of triplex, quadplex, and multi-level apartment developments shall be eligible for a maximum capacity allocation based on the following criteria: a) Triplex developments consisting of 18 units or less shall initially be considered for utility allocation. Developments consisting of more than 18 units shall be subject to a phased utility allocation approach. Each phased approach in a triplex development shall not exceed 18 units per utility allocation request. Subsequent utility allocation requests may only be submitted for approval once a development has attained Certificate of Occupancies on 12 units for each phase of 18 units approved for utility allocation. b) Quadplex developments consisting of 24 units or less shall initially be considered for utility allocation. Developments consisting of more than 24 units shall be subject to a phased utility allocation approach. Each phased approach in a quadplex development shall not exceed 24 units per utility allocation request. Subsequent utility allocation requests may only be submitted for approval once a development has attained Certificate of Occupancies on 16 units for each phase of 24 units approved for utility allocation. c) Multi-Level Apartment developments consisting of 48 units or less shall initially be considered for utility allocation. Apartment developments with more than 48 units shall be subject to a phased allocation plan determined by the Public Utilities Director. Commercial Developments shall include all developments that are commercial or industrial in nature. The maximum allocation per development phase for commercial developments will be granted by the Public Utilities Director for projects less than 5,000 gpd, without prior approval of the Town Board, and by Town Board approval based on system and economic impacts greater than 5,000 gpd. All utility allocation requests must be made in writing and submitted to the Town's Public Utilities Department. All requests must be completed, signed, and shall include detailed information on the amount of capacity necessary to serve the project that must include a project schedule with the demand of utility allocation capacity. All utility allocation requests, unless specified, must be approved by the Fuquay-Varina Town Board of Commissioners. The Town Board will only consider those utility allocation requests that are completed and contain the necessary project-related information. The Town's Public Utilities Director will have the authority to grant allocations of no more than 5,000 gpd to non-residential developments. For any project seeking additional utility allocation capacity, a request for a development's additional utility allocation may be considered once a development's phase of utility allocation has been used or a development milestone has been met (e.g., when a utility allocation phase for a subdivision of 75 single-family lots has received Certification of Occupancy on 60 lots). Residential developments seeking additional utility allocation request(s) must be reviewed and recommended by the Public Utilities Director and put before the Town Board for approval. The maximum allocation per development for subsequent phases of commercial developments will be granted by the Public Utilities Director for projects less than 5,000 gpd, without prior approval of the Town Board, and by Town Board approval for requests greater than 5,000 gpd. Utility allocations granted to development shall be allocated (used for development), within 24 months of approval. In cases where there have been no new building starts (actual construction) in residential development for a period of 24 consecutive months, allocations may revert to the Town. Allocations shall be considered valid if development is under construction and demonstrating substantial progress. The Public Utilities Director may grant a 12-month extension to a development unable to use the initial allocation within 24 months. The request for such extension must be accompanied by documentation demonstrating that allocation use before the expiration date is unavoidable due to factors beyond the applicant's control. Any development requesting an extension greater than 12 months shall need the approval of the Town Board. Staff decisions for utility capacity allocations may be appealed to Town Board. Appeal requests must be in writing and include a detailed description of the proposed development, allocation requested, and reason for the appeal. All decisions rendered by the Town Board shall be final. If adopted by the Town Board, this Policy will become effective immediately upon adoption. This Policy does not supersede or nullify any agreement concerning allocations existing at the time of adoption of this Policy. Discussion – Mayor Byrne stated that this policy is to not allocate resources that are not being used so that others may use it. Town Manager Mitchell stated that this policy memorializes many of the practices that are already in place and did confirm that the policy intends to allocate resources equitably while also managing the finite resources that the Town has available until which point the Town expands both water and wastewater treatment and delivery/collection capacity.  Mayor Pro-Tem Massengill stated he recognizes that water and sewer is a commodity and that it is the Town’s job to manage it with the plans for the future. This policy makes it clear instead of doing it on a case-by-case basis. Recommendation – Approve the Water and Wastewater Utility Allocation Policy, as presented and recommended. This policy recommendation has been reviewed and approved by the Town Attorney. MOTION: Commissioner Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Resolution No. 21-1731 10F Memorandum of Understanding - Fire Station No. 4 - Town of Fuquay-Varina and Wake County Purpose – To consider approval of a Memorandum of Understanding between the Town of Fuquay-Varina and Wake County for the design of Fire Station No. 4. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. The purpose of this Memorandum of Understanding (MOU) is to establish a mutual agreement as it relates to the payment for design services of a Fire and EMS facility between the Town of Fuquay-Varina, Wake County Fire Services, and Wake County EMS located on Wade Nash Road. The scope of Design Services in this MOU includes site analysis, preliminary site planning, development of floor plans, building elevations, schematic design, design development, and construction documents up to receipt of bid pricing, in order to develop a full design package to be presented to both the Town of Fuquay-Varina and Wake County governing boards for review and approval. The cost of the Design Services as described shall be allocated between the parties at an initial proportion of eighty-one percent (81%) for the Fire Station portion of the building, which will be  the responsibility of the Town of Fuquay-Varina and Wake County Fire Services, and nineteen percent (19%) for the EMS portion of the building, which will be the responsibility of Wake County EMS. This allocation is based upon an approximate projected ratio of occupied space for each entity within the proposed facility. Nothing shall prevent the parties from making an adjustment of this ratio as plans are developed, provided that proportionate adjustments of costs are also considered. The authorized budget for the design services has been set at a maximum amount of $380,000. The responsibility for payment shall be allocated as follows: 81% of the amount (up to $307,800) paid by the Town of Fuquay-Varina and Wake County Fire Services. 19% of the total amount (up to $72,200) paid by Wake County EMS. Discussion – Mayor Byrne asked what the percentage Wake County was paying. Fire Chief Mauldin stated EMS is putting in 19% and Wake County Fire Services is splitting the other 81%. Wake County Fire Service is participating 25.05% out of the number. Town Manager Mitchell stated that 44% is the total design cost that Wake County is paying. Recommendation – Approve the Memorandum of Understanding between the Town of Fuquay-Varina and Wake County as presented and recommended subject to Town Attorney review as to form. MOTION: Commissioner Harris SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Manager’s Report Town Manager Mitchell provided the following report: Public Works Department – The Public Works Department has a new street sweeper, and it will soon be in service.  Arts Center – The Arts Center has had some great recent shows. They are excited for the holiday calendar including a sold-out Embers Holiday Concert next Wednesday and the Christmas in Varina Event will be Saturday, December 4th from 10:00-2:00 pm including music, artist village, blood drive and perhaps a visit from Santa Clause. Finance Department – The Finance Department has been working with Bond Council and taking the next steps following certification of the successful transportation and Parks and Recreation Bond Referendum. He also pointed out that one of the items on the agenda tonight was the refinancing of the Public Service Center which will save the Town over $100,000. Parks, Recreation, and Cultural Resources Department - The Parks and Recreation Department has recently promoted Chris Newsom to Assistant Director of Parks and Recreation and Cultural Resources overseeing public buildings and park maintenance. Human Resources Department – The Human Resources Department is in the process of managing performance evaluations for our employees. They are also in the process of reviewing proposals for the pay and classification study. Communications Director – Communications Director Susan Weis is working closely with Commissioner Gardner on planning the retirement event for Mayor Byrne scheduled for November 23, 2021, at 5:30 pm. Fire Department - The Fire Department has been working with its vendor that is building the new ladder truck and it should be show cased soon. 11B Wake Audubon - Birding Tours - Hilltop Needmore Town Park and Preserve - 3rd Saturday of each month - October - December - 8:30 - 10:30 am - Tours are Free 11C Tip a Cop Fundraiser - Special Olympics - Cleveland Drafthouse - Sunday, November 21, 2021 - 11:00 - 3:00 pm 11D Coffee with a Cop - Brus on Main - Wednesday, December 1, 2021 - 9:00 - 10:30 am 11E Pancake Supper Fundraiser - Special Olympics - Eggs Up Grill - Wednesday, December 1, 2021 - 5:00 - 8:00 pm 11F Christmas Tree Lighting - Downtown Fuquay-Varina - Thursday December 2, 2021 - 6:00 pm 11G Zoning Map Amendment - Kelly G Race, BGE Inc - A Portion of 1605 Holland Road - PIN 0676104688 - REZ-2021-11 - (FIRST READING) - (Mitchell/Seymour/Davison) BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill stated he has heard from citizens regarding daylight savings time and that is when you should change your batteries in your smoke detector as well. There are citizens that are not able to do this so the Fire Department will come out and change it for them. He stated that at the last Town Board meeting our Police Chief Fahnestock announced her retirement. He congratulated her on her upcoming retirement and her being recognized by John Hiester Chevrolet as a Hometown Hero. Commissioner Smith stated that it is exciting to come to a Town Board meeting when there are lots of things going on like the retirement of Major Adams, Police Chief Fahnestock, and the CCL Label economic development announcement. He thanked staff for all their hard work. Commissioner Harris stated that he would like to say congratulations to Mayor-Elect Blake Massengill. He stated that he appreciates living in a county where anybody who wants to file for public office can run for public office and he appreciates the opportunity to have run for public office here in Fuquay- Varina. He stated that he met some amazing people during his campaign for Mayor, and he appreciates everyone who came out and voted. He stated that he looks forward to continuing to serve as Commissioner and working with Mayor-Elect Massengill. Mayor Pro-Tem Massengill thanked Commissioner Harris for his kind words, and he stated that he looks forward to working with him in the future. Commissioner Wunsch stated that this has been a red-letter day for Fuquay-Varina and one of the most exciting meetings that he has participated in. He stated that it has been his honor and privilege to serve on the board while Chief Laura Fahnestock has been Police Chief. He stated that he is excited about the things that have happened tonight and that they have been talked about for 4 years and tonight they all materialized. Commissioner Gardner stated that she is going to be the Mistress of Ceremony for the Mayor’s dedication/retirement event. She stated that it is going to be another red-letter day for Fuquay-Varina when we can say thank you to Mayor Byrne for the legacy, he is leaving. She stated that tonight’s meeting has really been exciting, and she is looking toward the new year. She also stated that it was very nice to honor the Police Officers, Assistant Town Manager Matthews, and all of those that were recognized tonight for their achievements. Mayor Byrne stated that Commissioner-Elect Bryan Haynes was in the audience and asked him to come up and say a few words. Commissioner-Elect Haynes stated he was happy for this opportunity and happy to serve the Town of Fuquay-Varina. Mayor Byrne reviewed other meetings that he attended in the previous week as well as upcoming events as follows: Past Events 11/17 – CAMPO Meeting 11/19 – Chamber Ribbon Cutting – Carolinas Dentist of Fuquay-Varina – 12:00 pm 11/15 – Wake County Mayor’s Association Meeting Upcoming Events 11/17 – CAMPO Meeting 11/19 – Chamber Ribbon Cutting – Carolinas Dentist of Fuquay-Varina – 12:00 pm 11/15 – Wake County Mayor’s Association Meeting ADJOURNMENT A motion was made to adjourn the meeting at 9:25 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) The minutes from the November 16, 2021, Town Board of Commissioners regularly scheduled meeting are adopted this 6th day of December 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