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Board of Commissioners

Regular Meeting

Fuquay-Varina, NC · December 21, 2021

AgendaMinutes

Minutes

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting December 21, 2021 J. Blake Massengill, Mayor Mayor Pro-Tem Larry Smith The Regular Meeting of the Fuquay-Varina Town William H. Harris, Marilyn B. Gardner, Tracy Watson, and Bryan Haynes Town Board Members Board scheduled for Tuesday, December 21, 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 Blake Massengill and Commissioners Marilyn Gardner, William Harris, Larry Smith, Tracy Watson, and Bryan Haynes. 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 Massengill called the meeting to order at 7:00 p.m. INVOCATION AND PLEDGE Public Works Director Tracy Stephenson provided the invocation and Volunteer Firefighter Summer Williams 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 December 6, 2021, minutes of the Town Board of Commissioners regularly scheduled meeting. MOTION: Commissioner Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Recognition - Fuquay-Varina Volunteer Firefighter Summer Williams Assistant Fire Chief Jim Jones stated on September 3, 2019, Ms. Summer Williams started the 11th Wake County Fire Academy at the County Fire Training Facility. Summer was also a Fire Explorer with the Fuquay-Varina Fire Department. In 2018, Summer was diagnosed with a rare form of melanoma cancer and in 2019 it returned. She was committed to finishing her certification to become a firefighter. After the chemo treatments, radiation treatments, amputation, multiple surgeries including brain surgery, and many other setbacks Summer completed her last firefighter certification class on Wednesday, October 27, 2021. Summer is not only an inspiration to every little boy and girl that dreams of being a firefighter but an inspiration to all of us. She was presented the Outstanding Achievement Award from Wake County Fire Services and the Wake County Fire Commission on November 18, 2021. Mayor Massengill presented Summer Williams with a Mayoral Commendation expressing his appreciation for her outstanding accomplishments in the face of adversity. He stated that the entire Town is so proud of Ms. Williams and so glad to have her as part of the Fuquay-Varina Fire Department. 4B Fuquay-Varina Downtown Association Awards Purpose – For the Fuquay-Varina Downtown Association to present their annual downtown awards. Commissioner Gardner stated that the 2020 Downtown Association Awards were scheduled to be presented at the 2020 Dinner on Depot event that was cancelled due to COVID-19. She along with and Mayor Massengill presented the award to the following: Downtown Property Improvement Award – Gary McCabe and John McGhee Ø (123 Raleigh Street) The Community Impact Award – Scott Quilty Ø (Founder of the Fuquay-Varina Angel Fund) 2020 Downtown Business of the Year – Vicious Fishes Tap Room and Kitchen Ø (Transformed business to serve during COVID) The Volunteer of the Year Award for 2020 – Jeff Graff Ø (Assisted with first online events for the Downtown Association) 2020 New Century Award – Ann Marie Amico Ø (For long-term commitment of volunteer work) Mayor Massengill congratulated the recipients of the awards and he stated that he is looking forward to participating in the Main Street Conference this year as Mayor. PUBLIC COMMENTS 5A Elizabeth Parent of 8620 Jordan Meadow Drive, Fuquay-Varina, stated that she is currently in the process of purchasing a house at 904 Oldwick Drive. She stated that there is a development and rezoning going on and she is concerned with the drainage issues that the subdivision is already experiencing. She asked that the Town Board look at the drainage and run off issues as it relates to a zoning map amendment that will come before the Town Board at their next meeting (REZ-2021-09). Sydney Gardner of 908 Oldwick Drive, Fuquay-Varina, stated that Adalyn Place development has contributed to significant runoff. She stated that now with 2.7 inches of water the creek is higher than ever, and she is concerned for the safety of children in her neighborhood. Sharon Henderson of 803 Barneswyck Drive, Fuquay-Varina, stated that a lot of the homes in Adalyn Place were not built on a floodplain and there has been a lot of run off from the development. She stated that with all the building that is going it changes the way that the area is handling water. Mayor Massengill informed them that the item was on tonight’s agenda as a first reading and would come back to the Town Board in the future, and he encouraged them to come back to speak at that time. PRESENTATIONS Mayor Massengill stated that at this time he recommends amending the agenda to add an item as it relates to a presentation from NC State Representative Erin Paré. The Town Board concurred. Representative Erin Paré stated that she is the NC State House Representative for District 37 which is Southern Wake County. She stated that she was excited to be here tonight to present the Town of Fuquay-Varina with a $10 million check for state investments for transportation and infrastructure. She stated that they looked at two projects for this money with one being a connector road between US 401 and NC Hwy 42 and the other being a safety improvement for Johnson Pond and Whitted Roads. She thanked former Mayor Byrne, Mayor Massengill, and Town Manager Mitchell for their work on pursuing these funds. Former Mayor John Byrne stated that he was thankful that the Town is receiving this money and for all the hard work of Representative Paré to help make these funds available for Fuquay-Varina. Mayor Massengill thanked Representative Paré, former Mayor Byrne and Town Manager Mitchell for their work on acquiring these funds that will make a big difference in transportation for the southern end of Wake County. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the December 21, 2021, Town Board meeting. PUBLIC HEARINGS 7A There were no public hearings for the December 21, 2021, Town Board meeting. CONSENT AGENDA 8A Voluntary Annexation Petition - Town of Fuquay-Varina - 4811 Wade Nash Road - PIN 0657585885 - ANX-2021-11 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 January 3, 2022, following the receipt of the petition for voluntary annexation of property owned by the Town of Fuquay-Varina containing approximately 1.672 acres. Recommendation – Adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition and the resolution setting the public hearing for a voluntary annexation petition on January 3, 2022, for property owned by Town of Fuquay-Varina - ANX-2021-11, as presented and recommended. Resolution No. 21-1734 Resolution No. 21.1735 8B Project Ordinance Amendment and Project Closures Ordinance - Enterprise Fund Purpose –To consider a project ordinance amendment and project closure ordinance as well as receive notice of the Finance Director's declaration of intent to reimburse with grant and/or bond proceeds for various water and sewer projects. Recommendation – Approve the project ordinance amendment and project closure ordinance as presented and recommended. A motion was made to approve Consent Agenda items 8A-8B. MOTION Commissioner Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Project Ordinance No. N-21-38 Project Ordinance Amendment No. N-21-39 Resolution No. 21-1736 ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Discussion of E-49 Elementary School Name Purpose – To discuss potential future school names for E-49 Elementary School, to be located on Bowling Road in the vicinity of South Main Street (US-401) and agree on a preferred name to communicate to the Wake County Public School System. 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. As the Wake County Public School System (WCPSS) moves ahead with planning and design for a future elementary school known as E-49, the Wake County Board of Education (BOE) will soon need to name the elementary school. Under School Board Policy 9300, schools in the Wake County Public School System shall be named "in accordance with the school's geographic location or similar site-specific identifiers, such as roads, streets, or natural or historical features." WCPSS staff have reviewed the site and performed research with historic maps and have offered the following preliminary names for the Wake County Board of Education Facilities Committee to consider: (1) Bowling Road Elementary (The school is located on Bowling Road.) (2) Kenneth Creek Elementary (Kenneth Creek is the nearest notable geographic feature, located at the eastern boundary of the property.) (3) Southern Fuquay-Varina Elementary (Identifies the area of Fuquay-Varina in which the school site is located.) Other potential considerations for the Town Board to be aware of when deciding a preferred name to communicate to the WCPSS as a preference are as follows: 1) The elementary school will be developed adjacent to the new location of Fuquay-Varina Middle School, with Fuquay-Varina Middle School opening at the new location in 2024 and E-49 elementary opening in 2025. 2) There is an existing Fuquay-Varina Elementary School, therefore that name is not available. 3) Town management does not believe Wake County BOE will support any form of "South Main Street Elementary School" or "Main Street Elementary School" due to anticipated confusion with the numerous main streets located in Wake County. 4) Directional names (e.g., Southern Fuquay-Varina Elementary School) are allowed by School Board policy and have been approved by the Wake County Board of Education in recent years. While no future WCPSS elementary schools are planned further south than this site, an additional elementary school could conceivably be built in the future further south than this site, particularly as the Town continues to experience growth to the southeast. 5) Schools may not be named after people, living or deceased. The Wake County BOE Facilities Committee had a preliminary discussion of school planning and potential names on December 15, 2021. Following this discussion, the Facilities Committee preliminarily recommended "Bowling Road Elementary School” and expressed interest in receiving the Town's input prior to the Board of Education considering a name. Historically, the WCPSS staff have sought input from the BOE Facilities Committee and Town Board of Commissioners prior to the Board of Education taking action to approve new school names in the Town of Fuquay-Varina. There is an opportunity to consider alternative names if the Town Board prefers a different name that aligns with the Board of Education's facility naming policy. Following Town Board discussion of potential names for E-49, management recommends the Town Board express its preference via a motion. The Town Board's preference will be shared with the Wake County Board of Education, and final approval of a name is anticipated at the regular meeting of the Board of Education on January 18, 2022. Management recommends either Bowling Road Elementary School or Kenneth Creek Elementary School as the preferred school name to communicate back to the WCPSS Board of Education. Discussion – Commissioner Watson asked if we knew where the name Bowling Road came from. Town Manager Mitchell stated that he did not know. Mayor Massengill stated that he liked Bowling Road Elementary School because using road names to identify schools make it easy to identify the location of the school. Recommendation – Communicate to the Wake County Board of Education the Town of Fuquay- Varina's preference to name the future elementary school (E-49) as Bowling Road Elementary School. MOTION: Commissioner Haynes SECOND: Commissioner Watson MOTION RESULTS: Passed Unanimously (5-0) 10B Municipal Agreement - NCDOT R-5705B Purpose – To consider authorizing the Town Manager to enter into a Municipal Agreement with NCDOT for the Transportation Improvement Project R-5705B. 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 North Carolina Department of Transportation (NCDOT), Division of Highways Project (R- 5705) proposes to improve the NC 55 Corridor from south of SR 1532 (Oak Grove Church Road) in Harnett County to NC 42 in Fuquay-Varina, Wake County, to multi-lanes. In addition, the proposed roadway improvements will bypass the Town of Angier to the west and be constructed as a four-lane median divided roadway. This Project encompasses approximately 11.5 miles of roadway and is intended to relieve congestion and improve mobility along the NC 55 corridor. The overall Project is divided into three construction segments. Segment R-5705B is the segment that is relevant to the action proposed and covers widening NC 55 to multi lanes from NC 210 to SR 4809 (Jicarilla Road) for approximately 4.54 miles and encompasses all pedestrian improvements associated with new roadway improvements. NCDOT requests that the Town enter into a Municipal Agreement that sets out conditions and responsibilities for both entities to improve pedestrian facilities as part of the roadway construction. NCDOT will be responsible for designing and constructing the corresponding R- 5705B pedestrian improvements, while the Town will maintain the pedestrian improvements after complete construction. Pedestrian improvements will include the construction of 5' sidewalks with curb and gutter and provide a pedestrian crossing in the proximity of the Hidden Valley Subdivision and proposed Saunders Farm Subdivision entrance ways on NC 55. As specified in the Municipal Agreement, the Town will only be responsible for maintaining pedestrian improvements within the Town's municipal limits. In October, for the portion of the R-5705B project that extends into the Town of Angier, Harnett County, the Town of Angier executed a Municipal Agreement to maintain similar pedestrian improvements within their jurisdiction. These new construction pedestrian betterment improvements will be 100% paid for by NCDOT. The Municipal Agreement states that upon completion of these new pedestrian improvements, the Town will be responsible for maintaining the improvements where future costs for maintenance will be the Town's responsibility. The Town has entered into similar betterment agreements with NCDOT as NCDOT typically does not maintain sidewalks or related pedestrian facilities. The proposed R-5705B pedestrian construction improvements will be completely funded by NCDOT, and no Town funds are required to make these new pedestrian capital improvements. However, the Municipal Agreement does stipulate that the Town be responsible for costs associated with the maintenance of the new improvements as identified in the scope of work. Discussion – Mayor Massengill stated that anytime we can get NCDOT to pay 100% of something, it makes for a good day. He asked about the timeline for the project to be completed. Engineering Director Matt Poling stated that the project should be completed in 2023. Recommendation – Authorize the Town Manager to enter into a Municipal Agreement with the North Carolina Department of Transportation for the Transportation Improvement Project R- 5705B subject to approval by the Town Attorney as to form. MOTION: Commissioner Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) 10C Resolution - Authorizing Upset Bid Process - 0 Ransdell Road (PIN 0667114773) and 0 Ransdell Road (PIN 0667113832) Purpose – To consider a resolution authorizing an upset bid process for sale of property owned by the Town of Fuquay-Varina to Mr. Rick Hancock. 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. Mr. Rick Hancock has made an offer to purchase two contiguous Town-owned properties located at 0 Ransdell Road (PIN 0667114773), consisting of 0.07 acres and 0 Ransdell Road (PIN 0667113832), consisting of 0.92 acres for a total of 0.99 acres. The total Wake County tax value of these two properties is $30,800.00. Mr. Hancock has indicated that at this time, he has no immediate plans to develop the property if acquired. Both pieces of property are zoned Residential Medium Density and classified as Downtown in the Town's 2035 Land Use Plan. The attached proposed resolution is pursuant to N.C.G.S. §160A-269 where a city may receive, solicit, or negotiate an offer to purchase property and advertise it for upset bids. When an offer is made and the council proposes to accept it, the council shall require the offeror to deposit five percent (5%) of his bid with the city clerk, and shall publish a notice of the offer. The notice shall contain a general description of the property, the amount and terms of the offer, and a notice that within 10 days any person may raise the bid by not less than ten percent (10%) of the first one thousand dollars ($1,000) and five percent (5%) of the remainder. When a bid is raised, the bidder shall deposit with the city clerk five percent (5%) of the increased bid, and the clerk shall re-advertise the offer at the increased bid. This procedure shall be repeated until no further qualifying upset bids are received, at which time the council may accept the offer and sell the property to the highest bidder. The Town shall have the right to reject the offer by Mr. Hancock or any upset bidder to purchase the Town property at any time prior to the final acceptance of the offer pursuant to statute and this Agreement shall be null and void upon such rejection, all deposits shall be returned, and the parties shall have no further obligations. Discussion – Mayor Massengill made positive comments about the possible sale of this property. Recommendation – Adopt the proposed resolution as presented and authorize the Town Manager to execute the sale of Town owned property upon the completion of the upset bid period pursuant to N.C. Gen. Stat. 160A-269. The resolution has been reviewed by the Town Attorney as to form and content and is in the interest of the public. MOTION: Commissioner Smith SECOND: Commissioner Watson MOTION RESULTS: Passed Unanimously (5-0) Resolution No. 21-1737 10D Resolution - Authorizing Upset Bid Process - 0 W Academy Street (PIN 0656572439) Purpose – To consider a resolution authorizing an upset bid process for sale of property owned by the Town of Fuquay-Varina to Mr. Mike Riddick. 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. Mr. Mike Riddick has made an offer to purchase Town-owned property located at 0 W Academy Street (PIN 0656572439), consisting of approximately 4.03 acres with a Wake County Tax Value of $265,722.00. Town Management has discussed the buyer's intended use for the property. Mr. Riddick has agreed as a condition to purchase the property that he must make application for a Land Use Plan Amendment changing Small Lot Residential to Highway Commercial and a Zoning Amendment from Heavy Industrial to Corridor Commercial. These land use classifications and restrictions will be memorialized in a deed restriction. The attached proposed resolution is pursuant to N.C.G.S. §160A-269 where a city may receive, solicit, or negotiate an offer to purchase property and advertise it for upset bids. When an offer is made and the council proposes to accept it, the council shall require the offeror to deposit five percent (5%) of his bid with the city clerk and shall publish a notice of the offer. The notice shall contain a general description of the property, the amount and terms of the offer, and a notice that within 10 days any person may raise the bid by not less than ten percent (10%) of the first one thousand dollars ($1,000) and five percent (5%) of the remainder. When a bid is raised, the bidder shall deposit with the city clerk five percent (5%) of the increased bid, and the clerk shall re-advertise the offer at the increased bid. This procedure shall be repeated until no further qualifying upset bids are received, at which time the council may accept the offer and sell the property to the highest bidder. The Town shall have the right to reject the offer by Mr. Riddick, or any upset bidder to purchase the Town property at any time prior to the final acceptance of the offer pursuant to statute and this Agreement shall be null and void upon such rejection, all deposits shall be returned, and the parties shall have no further obligations. Mr. Mike Riddick is making an offer to purchase the Town owned property located at 0 W Academy Street (PIN 0656572439) for $325,000.00. The buyer has made a bid deposit as required by statute. Discussion – There was no discussion from the Town Board members. Recommendation – Adopt the proposed resolution as presented and authorize the Town Manager to execute the sale of Town owned property upon the completion of the upset bid period pursuant to N.C. Gen. Stat. 160A-269. The resolution has been reviewed by the Town Attorney as to form and content and is in the interest of the public. MOTION: Commissioner Harris SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) Resolution No. 21-1738 OTHER BUSINESS 11A Manager’s Report Town Manager Mitchell stated that it is hard to believe that we are wrapping up 2021 and we have a lot to be excited about for 2022. Management and Communication Director Weis sat down today to start talking about the State of the Town address. He stated that we are continuing to fill vacancies. We hired Jacob Richie as the new Assistant Parks and Grounds Superintendent, Nancy Spruill as IT Technician and Corey McLean as Street Maintenance Worker. He stated that the Arts Center is wrapping up their holiday events and preparing for 2022 events. Also Finance Department has prepared the financial quarterly report and will soon begin working on the budget. 11B Financial Quarterly Report - 1st Quarter FY 2021-2022 11C Town Offices Closed for Observance of Christmas and New Years - December 23, 24, and 27, 2021 and December 31, 2021 11D Coffee with a Cop - Meridian at Broad Street Market Apartments - Tuesday, January 4, 2022 - 9:00 - 10:30 am 11E Rev. Dr. Martin Luther King, Jr. Celebration – Cultural Arts Society of Fuquay-Varina – January 17, 2021 - 10:30 am - 1:15 pm 11F Zoning Map Amendment & Land Use Plan Amendment - Dan Ryan Builders - 0 Bevis Marks Drive & a portion of 260 Bramblehill Drive - PIN 0666567785 & a portion of 0666578973 - REZ- 2021-09 - (FIRST READING) - (Mitchell/Seymour/Davison) 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) 11H Zoning Map Amendment & Land Use Plan Amendment - Gray Methven, Wakefield Development - 8537 Lake Wheeler Road - Portion of PIN 0689455964 - REZ-2021-10 - (FIRST READING) - (Mitchell/Seymour/Davison) 11I Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #16 - CTA-2021-05 - (FIRST READING) - (Mitchell/Seymour/Davison) ELECTION OF MAYOR PRO-TEM / APPOINTMENTS 12A Election of Mayor Pro Tempore Purpose – To elect a member of the Town of Fuquay-Varina Board of Commissioners to serve a two-year appointment term as Mayor Pro Tempore of the Town Board. 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. Every two years, pursuant to the Town of Fuquay-Varina Charter, the Mayor is charged with nominating a member of the Town Board of Commissioner to serve a two-year appointment as Mayor Pro Tempore of the Town Board. The Board of Commissioners is charged with voting on the Mayor's nominee or selecting a different Commissioner from the Town Board to serve in the role for the two-year term. Mayor Massengill made the recommendation to appoint Commissioner Larry Smith as Mayor Pro-Tempore for the next two years. Discussion – Commissioner Harris stated that there have been procedures in place since 1995 and that Mayor Pro Tem is to be shared among Commissioners. One section of the procedures stated that it will go to the Commissioner that has served the longest consecutive tenure and would serve for two years. He suggested that we follow this procedure. Mayor Massengill stated that there was an amendment to the Rules of Procedure in 2009. He asked that Attorney Adcock read the amended language. Attorney Adcock stated that office of the Mayor Pro-Tem at the organizational meeting, the Board shall elect from among its members, a Mayor Pro-Tem to serve at the pleasure of the Board for a term of two years. Commissioner Watson asked Commissioner Smith if he was open to serving as Mayor Pro-Tem. Commissioner Smith stated that if the Board so moves for him to be Mayor Pro-Tem, he would be proud to serve in that capacity. Recommendation – Elect Commissioner Larry Smith, to serve a two-year appointment as Mayor Pro Tempore for the Town of Fuquay-Varina. MOTION: Commissioner Gardner SECOND: Commissioner Watson MOTION RESULTS: Passed Unanimously (5-0) 12B Appointment to Town Board Committees and Other Organizations Purpose – To receive a report from Mayor Massengill regarding his appointments to Town Board Committees and other external boards and committees for which the Town Board has representation. Mayor Massengill made the following appointments: Law and Finance Committee Chair – Commissioner Marilyn Gardner Member – Mayor Pro-Tem Larry Smith Member – Commissioner Tracy Watson Public Works Committee Chair – Commissioner Bill Harris Member – Commissioner Bryan Haynes Member – Commissioner Marilyn Gardner Economic Development Committee Chair – Commissioner Marilyn Gardner Member – Commissioner Bill Harris Member – Commissioner Larry Smith Public Safety Committee Chair – Mayor Pro-Tem Larry Smith Member - Commissioner Tracy Watson Member – Commissioner Bryan Haynes Chamber of Commerce Mayor Blake Massengill – Ex-Officio Fuquay-Varina Downtown Association Commissioner Marilyn Gardner – Town Liaison CAMPO Mayor J. Blake Massengill (Executive Board – 1st Chair) Commissioner Larry Smith (Executive Board – Alternate) Fuquay-Varina Museum Board Commissioner Marilyn Gardner Town Liaison Triangle J Council of Government Board of Delegates Commissioner Tracy Watson (Town Delegate) Commissioner Larry Smith (Alternate Town Delegate) 12C Ratification of Mayor Appointments to Town Advisory Boards and Committees - Planning Board, Board of Adjustment, and Parks and Recreation Advisory Boards Purpose – To receive a report from Mayor Massengill on appointments to the Planning Board, Board of Adjustment, and Parks and Recreation Advisory Board and ratify the appointments as is customary. 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. Every two years, pursuant to the Town of Fuquay-Varina Charter, the Mayor is charged with nominating a member of the Town Board of Commissioner to serve a two-year appointment as Mayor Pro Tempore of the Town Board. The Board of Commissioners is charged with voting on the Mayor's nominee or selecting a different Commissioner from the Town Board to serve in the role for the two-year term. Mayor Massengill made the following appointments: Planning Board Appoint Andy Petty - Chairman Michelle Peele (reappointment)– Term will end 12/31/2024 Ed Ridpath (reappointment) – Term will end 12/31/2024 Katherine Townsend (new appointment) – Term will end 12/31/2022 (Filling T. Watson’s Unexpired Term) Jay Adcock (ETJ) (reappointment) – Term will end 12/31/2024 Recommendation – Ratify Mayor Massengill's appointments to the Planning Board. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Board of Adjustment Appoint Mike Dorman - Chairman Qisoundra Flowers (new appointment) – Term will end 12/31/2024 Andrew Rubley - Alternate (new appointment) – Term will end 12/31/2023 (Filling Q. Flowers’ unexpired alternate Term) Michelle Braxton (ETJ reappointment) – Term will end 12/31/2024 Recommendation – Ratify Mayor Massengill's appointments to the Board of Adjustment. MOTION: Commissioner Gardner SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed Unanimously (5-0) Parks and Recreation Advisory Board Jason Wunsch (new appointment) – Term will end 12/31/2024 Hugh Johnson (new appointment) – Term will end 12/31/2024 Appoint Jason Wunsch as 2022-2024 Chair Recommendation – Ratify Mayor Massengill's appointments to the Parks and Recreation Advisory Board. MOTION: Commissioner Haynes SECOND: Commissioner Watson MOTION RESULTS: Passed Unanimously (5-0) Mayor Massengill stated that he will be bringing ETJ appointments for the Parks & Recreation Advisory Board at a future meeting. BOARD MEMBER COMMENTS Commissioner Gardner stated that this is an exciting end of the year meeting. She thanked the Town Board again for letting the FVDA recognize the award recipients for 2020. She also stated she enjoyed the Employee Christmas luncheon. She stated that she was sorry that Commissioner Watson and Haynes could not attend the luncheon due to attending the Essentials of Municipal Government class, but that they were where they needed to be as new Town Board members. She concluded by stating that she appreciates all that our amazing staff does. Commissioner Harris wished everyone a happy and safe holiday for everyone and their families. Mayor Pro-Tem Smith thanked his fellow Board members for placing their confidence in him to be Mayor Pro-Tem for the next two years. He stated that he missed the December 6th Town Board meeting due to knee surgery, but he did watch it online. He stated that he looks forward to working with our two new commissioners and that 2022 will be an exciting year. He also stated that he was sorry that he missed the Employee Christmas luncheon due to a funeral that he had to attend. He then wished everyone a very Merry Christmas and Happy New Year. Commissioner Haynes stated that he was sorry that he missed the Employee Christmas luncheon. He stated that they had a wonderful time at the Municipal Government course, and he learned a lot. He also had a successful food give away for over 300 families. He also stated that he made opening comments at the St. Augusta Baptist Church Christmas play this past Sunday, and he also attended the Arts Inspired Dance Academy drama presentation that afternoon. He stated that Arts Inspired Dance Academy partnered with Pine Acres, and they did a toy give away. He wished everyone a Merry Christmas and Happy New Year. He stated also that he will be making plans to provide lunch for the school students for the Dr. Martin Luther Jr. holiday, as they will be out of school that day. Commissioner Watson stated that she attended the Essentials of Municipal Government class last week, learned a lot and had the opportunity to meet several newly elected officials. She stated that it was nice to recognize Firefighter Summer Williams and all her accomplishments. She reported that she spent the day on Saturday at the Masonic Lodge sorting holiday gifts that were donated by local businesses that will provide Christmas for over 400 military children and their families. She requested prayers for Mike Dorman, Executive Director for Military Missions who is fighting and healing from COVID. She also wished everyone a very Merry Christmas. Mayor Massengill stated that today he had lunch with Holly Springs Mayor, Holly Springs Town Manager and Town Manager Mitchell to discuss collaborating on some projects for water and sewer and transportation. They discussed how the two towns could partner together and save money. He also stated that he attended the Wake County Mayor’s Association Holiday Dinner last night. He also attended his first CAMPO meeting. He stated that he enjoyed the Employee Christmas luncheon, and nearly half of the employees were able to receive a door prize. He also stated that Operation Coming Home event is tomorrow and encouraged all the Town Board members to attend if possible. He stated that this would be the 11th home built in Fuquay-Varina. He then wished everyone a very Merry Christmas. ADJOURNMENT A motion was made to adjourn the meeting at 8:40p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULT: Passed Unanimously (5-0) The minutes from the December 21, 2021, Town Board of Commissioners regularly scheduled meeting are adopted this 3rd day of January in the year 2022 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Rose H. Rich, Town Clerk

Agenda

Board Meeting Agenda Tuesday, December 21, 2021 7:00 PM Location: 134 N. Main Street, Fuquay-Varina, NC 27526 Mobile phones are to be turned off or placed on silent/vibrate during the meeting. Please exit the Commission Chambers before using your mobile phone. The agenda is prepared and distributed on Friday preceding the meeting to the Commission and news media. 1. Call to Order 2. Invocation and Pledge of Allegiance 3. Approval of Minutes 3.A Approval of Minutes - December 6, 2021 Town Board of Commissioners Regular Scheduled Meeting 4. Presentations 4.A Recognition - Fuquay-Varina Volunteer Firefighter Summer Williams - (Mitchell/Mauldin/Jones) 4.B Fuquay-Varina Downtown Association Awards - (Massengill/Gardner/Mitchell/Russell) 5. Public Comment The public is invited to address the Town Board. 6. Items Tabled From Previous Meeting 7. Public Hearing 8. Consent Agenda 8.A Voluntary Annexation Petition - Town of Fuquay-Varina - 4811 Wade Nash Road - PIN 0657585885 - ANX-2021-11 - (Mitchell/Seymour/Davison) 8.B Project Ordinance Amendment, Project Closures Ordinance, and Resolution Authorizing Reimbursement Declarations - Enterprise Fund - (Mitchell/Matthews/Seymour/Crabtree) 9. Items Removed From Consent This section is reserved for items removed from the consent agenda for separate consideration. FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA DECEMBER 21, 2021 PAGE 2 10. Administrative Reports 10.A Discussion of E-49 Elementary School Name - (Mitchell/Matthews) 10.B Municipal Agreement - NCDOT R-5705B - (Mitchell/Seymour/Poling) 10.C Resolution - Authorizing Upset Bid Process - 0 Ransdell Road (PIN 0667114773) and 0 Ransdell Road (PIN 0667113832) - (Mitchell/Seymour) 10.D Resolution - Authorizing Upset Bid Process - 0 W Academy Street (PIN 0656572439) - (Mitchell/Seymour) 11. Other Business 11.A Manager's Report 11.B Financial Quarterly Report - 1st Quarter FY 2021-2022 11.C Town Offices Closed for Observance of Christmas and New Years - December 23, 24, and 27, 2021 and December 31, 2021 11.D Coffee with a Cop - Meridian at Broad Street Market Apartments - Tuesday, January 4, 2022 - 9:00 - 10:30 am 11.E Rev. Dr. Martin Luther King, Jr. Celebration – Cultural Arts Society of Fuquay-Varina – January 17, 2021 - 10:30 am - 1:15 pm 11.F Zoning Map Amendment & Land Use Plan Amendment - Dan Ryan Builders - 0 Bevis Marks Drive & a portion of 260 Bramblehill Drive - PIN 0666567785 & a portion of 0666578973 - REZ-2021-09 - (FIRST READING) - (Mitchell/Seymour/Davison) 11.G Zoning Map Amendment - Kelly G Race, BGE Inc - A Portion of 1605 Holland Road - PIN 0676104688 - REZ-2021-11 - (FIRST READING) - (Mitchell/Seymour/Davison) 11.H Zoning Map Amendment & Land Use Plan Amendment - Gray Methven, Wakefield Development - 8537 Lake Wheeler Road - Portion of PIN 0689455964 - REZ-2021-10 - (FIRST READING) - (Mitchell/Seymour/Davison) 11.I Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #16 - CTA-2021-05 - (FIRST READING) - (Mitchell/Seymour/Davison) 12. Election of Mayor Pro-Tem / Appointments 12.A Election of Mayor Pro Tempore - (Massengill) 12.B Appointment to Town Board Committees and Other Organizations - (Massengill) 12.C Ratification of Mayor Appointments to Town Advisory Boards and Committees - Planning Board, Board of Adjustment, and Parks and Recreation Advisory Boards - (Massengill/Mitchell) 2 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA DECEMBER 21, 2021 PAGE 3 13. Town Board Member Comments Mayor and Commissioners 14. Closed Session 14.A Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege 15. Adjourn IN ACCORDANCE WITH ADA REGULATIONS, PLEASE NOTE THAT ANYONE WHO NEEDS AN ACCOMODATION TO PARTICIPATE IN THE MEETING SHOULD NOTIFY THE TOWN CLERK AT (919) 552-1401 AT LEAST 48 HOURS PRIOR TO THE MEETING. 3

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