Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting January 3, 2022 J. Blake Massengill, Mayor Larry Smith, Mayor Pro-Tem 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 Monday, January 3, 2022, at Adam G. Mitchell, Town Manager Mark D. Matthews, Assistant Town Manager 7:00 p.m. was held at the Fuquay-Varina Town James (Jim) E. Seymour, Assistant Town Manager Rose H. Rich, Town Clerk Hall, 134 N Main Street, Fuquay-Varina, NC. James S. Adcock, III, Town Attorney In attendance were Mayor Blake Massengill, Mayor Pro-Tem Larry Smith and Commissioners Marilyn Gardner, William Harris, Tracy Watson, and Bryan Haynes. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Town Clerk Rose Rich, and Town Attorney James Adcock. (Public Works Director Tracy Stephenson stood in for IT Director Scott Clark.) CALL TO ORDER Mayor Massengill called the meeting to order at 7:00 pm. Mayor Massengill asked for a moment of silence in remembrance of Board of Adjustment Chairman Mike Dorman who passed away last week. INVOCATION AND PLEDGE Commissioner Bryan Haynes provided the invocation and Police Chief Laura Fahnestock 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 21, 2021, minutes of the Town Board of Commissioners regularly scheduled meeting. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Watson MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Recognition - Dawn Russell, Downtown Development Manager - Historic Real Estate Development Finance Professional Certification Purpose – To recognize Dawn Russell, Downtown Development Manager for receiving her certification as a Historic Real Estate Development Finance Professional from the National Development Council. Staff Comments – Economic Development Director Tiffany McNeil entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided information about the agenda item by making the following remarks. The Historic Real Estate Development Finance Professional Certification is a professional credential given to individuals who successfully complete the National Development Council's intensive historic real estate development finance training series. The training provides professionals working in the field of historic preservation and economic, housing and community development with essential skills and knowledge in historic real estate development finance, including problem solving, and deal structuring. Mayor Massengill thanked Downtown Director Russell for pursuing these credentials. He stated that she has done an incredible job with our downtown districts, and that her work is recognized by everyone in the community. PUBLIC COMMENTS 5A No one chose to speak in person or virtually during public comments. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the January 3, 2022, Town Board meeting. PUBLIC HEARINGS 7A Voluntary Annexation Petition - Town of Fuquay-Varina - 4811 Wade Nash Road - PIN 0657585885 - ANX-2021-11 Purpose – To consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina to include property owned by the Town of Fuquay-Varina following the receipt of the petition for voluntary annexation of property owned by the Town of Fuquay-Varina located at 4811 Wade Nash Road and containing approximately 1.672 acres. Staff Comments – Planning Director Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item and made the following remarks. The property is contiguous to the Town's corporate limits where water and sewer is available to serve the property. The property contains approximately 1.672 acres, and has road access on 4811 Wade Nash Road. At the December 21, 2021 meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation. The Town Clerk certified at that time that the petition was sufficient and meets the requirements as prescribed by the North Carolina General Statutes. The Town Board also adopted a resolution setting a public hearing for January 3, 2022, Town Board meeting. The current total value of the property is $270,072. Public Hearing – The public hearing was opened. No one chose to speak in favor of, or in opposition (in person or virtually) to the proposed voluntary annexation petition for ANX-2021- 11. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by the Town of Fuquay-Varina located at 4811 Wade Nash Road - ANX-2021-11, as presented and recommended.  MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-22-01 7B 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 Purpose – To consider a requested zoning map amendment for a total of 14.9 acres, located at 0 Bevis Marks Drive & a portion of 260 Bramblehill Drive, from the Residential High Density (RHD) Zoning District, Residential Low Density (RLD) Zoning District, and Residential Medium Density Conditional Zoning District (RMD-CZD) to the Residential High Density Conditional Zoning District (RHD-CZD) and the corresponding Land Use Plan amendment from Mixed Use Neighborhood (MUN) to Townhome Community (TC). Staff Comments – Planning Director Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item and made the following remarks. The subject properties total 14.9 acres, 13.4 acres of which are a portion of 30.86 acres (260 Bramblehill Drive). The properties are currently in the Town's corporate limits and are vacant and generally forested. The properties are currently zoned Residential High Density (RHD) Zoning District, Residential Low Density (RLD) Zoning District, and Residential Medium Density Conditional Zoning District (RMD-CZD). The zoning map amendment petition requests approval of the Residential High Density Conditional Zoning District (RHD-CZD). This zoning district is intended to permit proposed residential development and existing single-family dwelling units, duplex, triplex, and quadplex residential uses, and to provide for multi-family high density urban residential zoning lot development. The petitioner has requested only the following use be allowed at the subject properties: • Attached Townhomes The petitioner has requested the following site-specific conditions be made applicable to the properties: 1) The extension of E Academy Street, from its existing terminus east of Bevis Marks/Bramblehill Dr to its terminus west of the creek crossing, shall be completed with the first phase of development. 2) The architecture, along with the neighborhood's features in the common area structures, will be traditional or craftsman style. 3) Common area residential structures will consist of a covered pavilion for mail kiosk with visitor parking, as well as a fenced in dog park. The dog park will include at a minimum a sunshade and benches, and dog activity apparatus (ex: doggie crawl, elevated dog walk, Rover jump over, or similar, etc.). Other amenities will include open lawn areas that will be HOA maintained for passive recreation. 4) All residential housing will have at a minimum, a street-facing, enclosed single-car garage. Garage doors will be painted to complement the house trim or siding color, and will have either windows, decorative details, or carriage-style adornments. Garage doors shall not protrude more than 2’ from the primary façade of any home. 5) A varied color palette shall be utilized on homes throughout the subdivision to include a minimum of three (3) color families for siding and may include varied trim, shutter, and accent colors complementing the siding color. 6) Residential front entry doors will have either a minimum of 25% glazing, side lights or transom. 7) All homes will have architectural shingles as the primary roof material. Accent materials such as standing seam metal roofs may be used on accent roof features. 8) Exterior elevations shall use a combination of any two (2) of the following: brick or masonry veneer accents, board and batten siding, horizontal siding, or shake siding. 9) In order to promote variation in appearance within the community, no home or townhome shall be constructed with either an exterior elevation (front facade) or color palette that is identical to any home on either side of the home/unit, directly across the street from the home/unit. Variations of the front facade shall include a combination of any two of the following: • Shutters, architectural projections (i.e., cantilever extension), gables, dormers, or bay window. • Covered front porch, balcony, covered entry, portico, or stoop  • Decorative trim, shake, cornice, horizontal trim, brackets, or air vents/windows on gables • Trellis or shed roof over garage door 10) Vinyl siding is not permitted; however, vinyl windows, decorative elements and trim are permitted. 11) The density of the development shall be limited to 10 dwelling units per gross acre. 12) Attached Townhomes will consist of a mix of three (3), four (4), five (5), six (6) unit or seven (7) unit buildings. No more than 50% of the units shall be contained within a seven (7) unit building. 13) Within a block consisting of six (6) or fewer units, no elevation may be repeated. Within a block consisting of seven (7) units, a single elevation may only be repeated twice, provided that elevation is not adjacent to same elevation. 14) The roofline of attached townhome buildings shall not consist of a single “mass” roof. Rooflines shall be broken up horizontally and/or vertically between every unit by staggering the unit a minimum of 12" or providing a minimum 12" vertical step between units. 15) End units of a townhouse building shall include a minimum of three (3) windows on the exterior side elevation and include either trim or shutters and provide a minimum 12- inch overhang or eave on the sides. 16) A 40’ undisturbed natural evergreen buffer will remain between this project and the Sunset Forest neighborhood to the east. 17) A conceptual site plan has been included as a condition. This site plan has not been through the formal site plan review process but is offered as a visual to support the rezoning. 18) 15’ Type C buffer along Bevis Marks Dr shall be entirely evergreen where required. 19) Driveway orientation for access to the buildings, and perimeter buffer landscaping shall be consistent throughout the development. Surrounding properties are a mix of residential, institutional, and industrial uses. The Adalyn Place subdivision and the Northwyck subdivision are directly to the west and south of the properties. Additionally, the Sunset Forest subdivision lies to the east and the Calyx Senior Living center, for which a site plan is approved, but not yet under construction, is to the west. Northwest of the subject properties is the Fuquay-Varina Community Library and the Wake County Southern Regional Center. To the southeast of the subject properties are several industrial sites including TE Connectivity and Bob Barker, as well as the future site of the CCL Labeling manufacturing facility. There is a stormwater facility directly south of the subject properties which currently serves the Adalyn Place subdivision, and is designed to accommodate the stormwater needs of any future subdivision at these properties. The 2035 Community Vision Land Use Plan (LUP) designates the subject properties as the Mixed-Use Neighborhood (MUN) classification. Since the requested zoning is incompatible with the designation of MUN, the petitioner has included a Land Use Plan amendment as part of this zoning map petition, which will be described later in this report. Public water and sewer are available to serve the subject properties. The subject properties are located on and have access to Bevis Marks Drive and E Academy Street. Bevis Marks Drive is identified as a future collector street in the Town's 2035 Community Transportation Plan (CTP) and was extended as part of the Adalyn Place Subdivision as a 60' right-of-way with sidewalks. The CTP identifies the portion of E Academy Street along the parcel frontage as a thoroughfare collector with a 60' right-of-way and sidewalks. Both Bevis Marks Drive and E Academy Street are maintained by the Town of Fuquay-Varina and do not have traffic counts available at this time. The CTP additionally calls for E Academy Street to be extended west to east across 260 Bramblehill Drive, at the northern boundary of the subject property, to connect to the existing portion of E Academy Street that runs through the Sunset Forest subdivision. The construction of this extension would create a vital connection to Purfoy Road and would provide for essential vehicular and pedestrian access to the rest of Academy Street and institutional uses such as the Fuquay-Varina Community Library. Further, the CTP identifies two greenways on the properties - one that runs north to south along the eastern boundary and one running diagonally from northwest to southeast across the bottom portion of the properties. The petitioner held a neighborhood meeting on September 28, 2021, online via a virtual meeting web application. The meeting report is attached, and staff takes no position as to its content. The 2035 Community Vision Land Use Plan (LUP) calls for the Mixed-Use Neighborhood (MUN) classification at the subject properties. The parcels directly to the north, south, and west of the subject property are also designated as Mixed-Use Neighborhood but were previously rezoned and developed as medium density residential (Adalyn Place subdivision). In 2016, the Adalyn Place subdivision was submitted and under review as an open space subdivision for single- family detached residential lots. At the time of the 2017 Land Use Plan adoption, the neighboring property, including the Adalyn Place subdivision, was not adequately factored into the adopted Land Use Plan when designated with the Mixed-Use Neighborhood classification. The petitioner has proposed a Land Use Plan Amendment from Mixed-Use Neighborhood to Townhome Community (TC) as it is more compatible with surrounding residential uses. The Land Use Plan designation of Mixed-Use Neighborhood calls for the integration of commercial uses. Given the subject property's internal proximity to existing residential uses, staff believes integrating commercial uses for the subject property would be inappropriate. Townhome Community is land typically formed as a neighborhood for single-family attached homes with uniform housing densities. They provide pockets of greater residential density in a suburban landscape, often in locations transitioning from commercial and office land to large-lot and small-lot residential land uses. Typical densities in a townhome community range between six (6) and ten (10) dwelling units per acre. The voluntary zoning conditions provided for the whole development will ensure the desired quality of development is met, and the requested Land Use Amendment will align the future use of the property with the surrounding neighborhoods. Management and staff recommend approval of the proposed zoning map amendment with the corresponding Land Use Plan amendment. It is consistent with the intent and goals of the 2035 Community Vision Land Use Plan and is reasonable and in the public's best interest for the following reasons: 1) Although the requested zoning map amendment is not consistent with the 2035 Community Vision Land Use Plan classification of Mixed-Use Neighborhood, the petitioner has opted to request a change of the Land Use Plan to Townhome Community, which is more appropriate to the surrounding existing residential neighborhoods and proposed residential uses. 2) The requested zoning map amendment supports the 2035 Community Vision Land Use Plan's recommendations LU.3 Encourage Transitional Uses and Intensities in and around Project Boundaries and CF.1 - Invest in Existing Growth Areas. 3) Conditions proposed by the petitioner effectively limit future development. 4) Development of the properties would create a vital roadway connection. This item was tabled at both the October 18, 2021 and the November 15, 2021 Planning Board meetings to allow staff to further work with the petitioner on proposed uses and conditions associated with the subject properties. At the December 20, 2021 regular meeting, the Planning Board voted unanimously to recommend approval with the addition of condition #19 as proposed by staff. The petitioner voluntarily added condition #19 prior to the Town Board meeting, and the change is identified above, as well as in the petition attachment and revised conceptual plan. Mayor Massengill stated that the total acreage is about 14.9 acres, which includes the yellow and the green areas shown on the map, and it looks like 12 acres are already zoned and approved. He asked Director Davison if this leaves a little over 2.5 acres to be rezoned. Planning Director Davison stated that is correct. She stated that there are two small sections that are part of the conditional zoning district. The developers originally wanted to rezone those two small portions on the southern side to residential high density. The issue is that it would require a Land Use Plan amendment for that little section which would create a donut hole in the middle of the form-based zoning on the land use plan. She stated that with the update of the Land Use Plan we are currently working on, staff will address the fact that Adalyn Place was not correctly designated a mixed-use neighborhood. Commissioner Harris asked about the zoning history for Adalyn Place. Planning Director Davison stated that Adelyn Place was submitted as an open space subdivision in 2016. The current Land Use Plan was adopted in 2017. She stated that she is not sure why Adalyn Place was included in the mixed-use form-based Land Use Plan designation even though it was under review as an open space residential subdivision and that was an error. Mayor Massengill asked if mixed use neighborhood is more intense or less intense. Planning Director Davison stated that mixed use neighborhood would have to include minimum commercial, and Adalyn Place was never intended to include a commercial component. Commissioner Watson asked when the property shown in yellow zoned residential high density (RHD). Town Manager Mitchell stated that the property was rezoned in 1999 to RHD, but prior to our 2016 Land Development Ordinance it had a different designation, and when the Town updated the LDO in 2016, the terminology was corrected, but it was like for like. Commissioner Watson also asked why the green area was not zoned at that time. Town Manager Mitchell stated that portion of land was rezoned low density in 1999 with part of a larger track that was eventually rezoned RMD CZD with the Adalyn Place Subdivision. Public Hearing – The public hearing was opened. David Arnold, 113 Yosemite Court, Holly Springs, project engineer representing The Nau Company, spoke in favor of the zoning map amendment on behalf of the property owners. He stated that one of the questions from the adjacent property owners was stormwater management and how that would be handled on the site. The pond that is on the concept plan was designed and will be converted as part of Adalyn Place Subdivision. It was already oversized, and it already includes additional capacity to be able to handle the stormwater runoff. A second concern was traffic. He stated Bevis Marks Drive is intended for higher traffic volume as it is a residential collector street according to the Town’s Transportation Plan. He stated that the lower part of the map, the boomerang piece of property, was probably split 50/50 between low density and high density when Adalyn Place was rezoned. This portion of the land was not needed to construct the required open space and stormwater management pond when Adalyn Place was constructed, so the developer didn’t buy that piece because it was not needed. He stated that one of the great benefits of this project is the connection to East Academy Street. Mayor Massengill asked if anyone wished to speak in opposition to the proposed zoning map amendment. Elizabeth Parent of 8620 Jordan Meadow Drive, Fuquay-Varina, NC spoke in opposition to the zoning map amendment. She stated that she was in the process of purchasing a home at 904 Oldwyck Drive, which is in the Northwyck Subdivision. She stated that in the preliminary plan the overlay of exactly where the buildings are being placed in relation to the floodplain must be added as a condition, which is number 19. She stated that drainage is a concern. After this morning’s storm the water was running through the culverts like it was running at the Mineral Spring Park as it relates to volume and speed. She would like for the drainage at the Northwyck Subdivision to be updated before further development. She stated that the drainage that comes down on Bevis Marks Drive from Adalyn Place is not being properly directed. She also stated that connecting East Academy Street would increase traffic along the subdivision, and that it is not vital to connect those two streets. Sidney Henderson of 908 Oldwyck Drive, Fuquay-Varina, NC spoke in opposition to the proposed zoning map amendment. Her concern was the safety of children playing in the creek and that when it rains the influx of water which moves through Kenneth Creek is a threat not only to their property but also the children in that area. She stated that older subdivisions did not have to meet the current standards required for drainage as the new neighborhoods. She stated that their concern is that a future high-density development would mean hardcore stabilization and impervious surface would result in even more water running into their neighborhood and into Kenneth Creek. Additionally, she stated that she knows that nothing can be done to fix the problem in Adalyn Place but would like the Town to be more proactive in this case and consider the environmental impacts of approving another high-density development. Ed Kapturowski of 236 Bevis Marks Drive, in Adalyn Place Subdivision, spoke in opposition to the townhouse development because all the traffic from the community would be channeled through Bevis Marks Drive. He stated that it would seriously alter the spirit of their retirement community at Adalyn Place. He also stated that they are in support of their neighbors at Northwyck and Sunset Forest regarding their runoff issues and would like to see that the Town not move forward with the proposed development. Mayor Massengill then asked if anyone wished to speak virtually in favor of the proposed zoning map amendment. Jay Colvin with Dan Ryan Builders of 4009 Periwinkle Blue Lane, Raleigh, NC spoke virtually in favor of the zoning map amendment. He stated that much of the property is already zoned by right for much more intensive uses than what is being proposed. He stated that the conditions are a benefit to the surrounding neighbors as well as the community. He stated that Dan Ryan Builders had many meetings and email conversations with the residents that included those living within a 300-foot area around the subject property, which is more than what the Town requires. The traffic has been an issue and they were not required to do a formal traffic impact analysis, they did read traffic counts based on the current density that they are proposing. The extension of Academy Street will provide critical infrastructure that will help provide access to residence to the Town’s new library as well as critical infrastructure for public health and services. He stated that they understand the concerns regarding stormwater downstream and they must treat anything on the property to equal or better than the prior development. He then stated that the developers are willing to work with the Town on other ways to mitigate downstream impacts for stormwater as they work through construction drawings phase of development. Mayor Massengill asked if anyone wished to speak virtually in opposition to the proposed zoning map amendment. Sharon Henderson of 803 Barneswyck Drive, Fuquay-Varina, NC spoke virtually in opposition to the proposed zoning map amendment. She stated that they have never had an issue with water until the Adalyn Place subdivision was built. She stated that the oversized retention pond that the engineer previously referred to is currently not holding the water. She would like to know if something happens during a storm who would be liable for their property. Mike Kazala of 1152 Hodgson Lane, Fuquay-Varina, NC spoke virtually in opposition. He expressed his concerns with regards to the stormwater retention basin that was designed of Adalyn Place not being adequate for the project and he offered that experts be brought in to examine it more closely. He is also concerned about the 100-year floodplain that is receded from the existing floodplain on the very land proposed for building buildings and to be paved. He is also concerned about other environmental impacts that others who have lived there longer may be aware of. He then asked that the Town Board hold off on approval to further study the matter. Mayor Massengill closed the public hearing. Discussion – Mayor Massengill asked staff if the map shows East Academy Street and Sunset Forest Neighborhood going to be connected and does the public know that this connection is going to take place. Town Manager Mitchell stated that it is on the Town’s Community Transportation Plan and that there is a sign at the terminus of East Academy Street and Bramble Hill Drive that says “future extension.” Mayor Massengill stated he gets complaints about North Judd Parkway traffic and having no alternative route to 401 and this will provide an alternate route. Mayor Massengill asked when the developer designs the stormwater retention does the Town have any oversight or state government on the design. Town Manager Mitchell stated that both North Carolina statues and Town Development Standards dictate design. Engineering Director Matt Poling stated that the Town is a designated NPDS Phase Two Community which means that the state will come in and they will audit the Town to make sure that we are enforcing the right standards. Mayor Massengill stated for clarification that it is not a matter of the Town just dreaming up a number, and that it is the state that determines what is required for stormwater. Engineering Director Poling stated that was correct. Mayor Massengill asked how culverts are installed and how is the size determined for the culverts. Engineering Director Poling stated that there are standard specifications and requirements for certain size storm events that must pass safely thorough the culverts in a non- erosive manner. Mayor Massengill asked what the rules were in building in a 100-year floodplain. Engineering Director Poling stated that he thinks there is some confusion between flood hazards soils and FEMA floodplains. He explained that FEMA 100-year floodplain states that if you build in a FEMA floodplain you are required to have floodplain insurance for the mortgage company to give you a loan to purchase a home. Flood hazard soils are an indication that there is a potential for floods, and they are not regulated. He stated that Adalyn Place and the townhomes does not have any residential structures that are in the FEMA floodplain. Mayor Massengill asked would the Town allow a building to be built in a floodplain. Engineering Director Poling stated that there is a FEMA floodway that is more restricted than the floodplain which are the outer boundaries of the FEMA floodplain. He stated that you can encroach into the outer boundaries of the FEMA floodplain, but you can’t build in the FEMA flood way. He stated that you can encroach into a floodplain enough to raise the flood one foot and that designates the boundaries of the floodway. Mayor Massengill asked what regulates the runoff water as it relates to best management practices (BMP) and drainage for a retention pond. Engineering Director Poling stated that the regulations require that the one, two and ten-year storm events are no different between the pre-construction and post-construction storm event which is the case for Adelyn Place. Mayor Massengill stated that the one year, two year and ten-year rain events are based on previous data and that you cannot have more water leave the site than was leaving the site beforehand. He also asked what kind of account you will take regarding the existing issues that they may have for this project. Engineering Director Poling stated that the stormwater pond that is collecting runoff from both sites retains the 100-year storm event in a safe manner and gives about one foot freeboard. He stated that the drainage area that comes through Northwyck is over 400 acres. Engineering Director Poling stated that the drainage area starts all the way to Judd and Main Street and goes all the way to Sunset, Purfoy, Main and then comes down Purfoy, all the way to North Holland. Mayor Massengill ask how the drainage is decided. Engineering Director Poling stated that it is natural erosion over the years. Commissioner Harris asked how frequently the State audits the Town’s stormwater runoff oversight program. Engineering Director Poling stated that the State will look at the Town’s calculations and plans once every three to four years due to 100 (+) communities that they must audit throughout North Carolina. They will also visit if there is an illicit discharge or water quality issue. Director Poling stated that when the Town issues a notice of violation the Town always carbon copies the State. Mayor Massengill asked if citizens can also file a complaint to the Town or the State. Engineering Director Poling stated that a citizen can file a complaint as well. Mayor Massengill asked about the process for notifying adjacent property owners for a zoning map amendment. Planning Director Davison stated that the Town is required to notify neighbors within 200 feet of the subject property in accordance with our ordinances and state statues. Mayor Massengill asked if a RMD district could allow townhomes if it is not conditioned. Planning Director Davison stated that was correct. She stated that Adalyn place had a condition on their zoning that it was single family detached homes only. Mayor Massengill stated that if the two-acre portion is denied tonight, the developer can still develop the 12 acres that is already zoned RHD and develop townhomes without conditions and this board cannot stop the development at that point. He stated that by putting conditions on the property that is allowing the Town and the Town Board to have some say in what gets developed there. Planning Director Davison stated that was correct and it guarantees a higher quality, variety, and the amenities to be specified specifically. Commissioner Watson stated for clarification that if the rezoning was denied tonight that the developers basically would not have to follow the 19 conditions. Planning Director Davison stated that her statement was correct. Commissioner Gardner stated that with the conditions on the rezoning the developer could have 10 townhome buildings on an acre and without the conditions the developer could have as many as 16 per acre, so these conditions are making it less dense. Planning Director Davison stated that her statement was correct. Commissioner Haynes asked how the Town was observing stormwater conditions on properties built before our stormwater standards were in place. Commissioner Gardner also wanted to know what recourse citizens have if they are unhappy with the stormwater management in their area. Engineering Director Poling stated the Town maintains stormwater within the public right- of-way and we don’t go on private property. He stated that stormwater ponds are inspected annually, and the owners are required to inspect their devices annually as well. Mayor  Massengill stated that the public can reach out to the Town’s Engineering Director Matt Poling or management. Recommendation – Approve REZ-2021-09, a zoning map amendment at 0 Bevis Marks Drive & a portion of 260 Bramblehill Drive, from the Residential High Density (RHD) Zoning District, Residential Low Density (RLD) Zoning District, and Residential Medium Density Conditional Zoning District (RMD-CZD) to the Residential High Density Conditional Zoning District (RHD- CZD) and the corresponding Land Use Plan amendment from Mixed Use Neighborhood (MUN) to Townhome Community (TC) as it is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed (4-1) (Commissioner Harris voted in opposition to the motion citing environmental concerns.) 7C Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #16 - CTA-2021-05 Purpose – To consider a proposed text amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, Amendment #16 that addresses several areas for improvement. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information about the agenda item and made the following remarks. Town staff and the community have gained significant experience using the Land Development Ordinance (LDO) since its adoption in December 2016 and a better understanding its intent and proper function. As a result, this amendment seeks to harness that experience in the form of clarifications and technical corrections to the LDO's language. The proposed changes are as follows: Section 1, Article F: • Article F has undergone a complete rewrite and is attached herein as Attachment A. Changes included are: • A consolidation of the permitted use table with the form-based permitted use table, which was previously part of Appendix B. • A comprehensive restructuring of the permitted use table factoring in modernized land development uses. • The development standards which accompany the permitted use table have been amended to provide clarity, correct clerical errors, and update the use regulations to respond to modernized development land uses. Section 2, Article G: • Clerical errors have been edited in section 9-1305 that indicate the date for which the standards apply. • Language has been removed from section 9-1309 and compiled in section 9-1255. Previously there were additional development standards for accessory structures listed here that were more appropriately located in the accessory structure section of Article F, Section 9-1255. Section 3, Article H: • The allowance for parapets to be included as an architectural treatment for commercial buildings has been removed. Section 4, Article K: • Language has been added to section 9-1502 that nonconforming places of worship existing at the time of this amendment will be permitted to expand upon approval of a Special Use Permit and site plan. Section 5, Article M: • Language has been added to section 9-1606 that requires developers to provide as a covenant of a subdivision and enforceable by the homeowners' association, provisions that easement can be granted to the Town on common areas owned by the homeowners' association without the action of bringing lot owners together (joinder).  • Language has been removed from section 9-1606 that required cross-access between industrial uses. Cross-access is not typically encouraged between industrial and non-industrial site uses. • A grammatical error has been edited in section 9-1611 where the term "Low Density Residential (LDR)" was used instead of "Residential Low Density (RLD)". Section 6, Article N: • Language has been added in this section that indicates that all privately owned, LDO-required, off-street parking lot lighting is required to be maintained and operational. • The option for gravel to be used as a residential parking material has been removed to be consistent with the standards in other sections of the LDO. Section 7, Article O: • Language in section 9-1710 indicating that buffers are only required between nonresidential uses has been removed. It has been the practice of staff to require buffers anywhere the LDO otherwise requires. This language is contradictory to other sections of the LDO. • Language has been removed from section 9-1713 that placed an unreasonable standard on landscape plantings in the Type C buffers. The language now achieves the same result without user confusion. Section 8, Article P: • Language has been removed from sections 9-1752 & 9-1753 that instituted staggered terms for both the Planning Board and Board of Adjustment. The terms are overly complicated and do not achieve the intended result. All Planning Board and Board of Adjustment members will serve three (3) year terms without exception. Staggering of terms has happened organically, so that required staggering is no longer necessary. Section 9, Article Q: • The requirement for system development fees (water and sewer) has been removed from this section as it is no longer applicable per State statutes. In 2021, the Town stopped collecting system development fees at the time of final plat, and now collects fees at the time of building permit application, in compliance with North Carolina General Statutes.  • Two references to Article F in section 9-1808 have been updated to conform with the changes made in Article F. • A grammatical error has been fixed in section 9-1808 where the word "Site" was spelled "Sire". • The requirement for a pre-submittal meeting has been added to the section on Street Closures. Previously this was not a requirement, but staff feels pre-submittal meetings for this process will be valuable in ensuring accuracy and efficiency of submittals. Additionally, it has been clarified that the submission of a Street Closure application should be made to the Planning Department, rather than the Town Clerk. While the Town Clerk is ultimately responsible for facilitating the approval, the Planning Department collects and processes the requests and forwards it to the Town Clerk. Section 10, Article S: • Article S has undergone a rewrite to align with the changes made in Article F, as well as clarify, condense, and modernize some definitions. It is herein included as Attachment B. Section 11, Appendix A: • An error has been corrected in section 9-2003 that indicated the section was referring to the Downtown Center-1 district, when it was referring to Downtown Center-2 instead. Section 12, Appendix B: • Several edits have been made to Appendix B to align it with changes made to the permitted use table. Previously, Appendix B had a separate permitted use table that addressed permitted uses in the Form-Based Districts of Residential Mixed-Use, Neighborhood Mixed-Use, and Urban Mixed-Use. In practice, this was confusing and not user friendly. Condensing the two (2) permitted use tables gives the user a single place of reference when researching permitted uses. This section's amendments include two tables which are included herein as Attachments C & D. Section 13, Appendix D: • A grammatical error has been corrected in section 9-5000.  Management and staff recommend approval of the proposed Town Code Amendment. It is reasonable and, in the public’s, best interest, as it improves upon the Land Development Ordinance's intent to modernize, provide sustainability, and allows for ease of use and enforcement, specifically concerning the Town's current development standards. At the December 20, 2021 regular meeting, the Planning Board unanimously voted to recommend approval. Public Hearing – The public hearing was opened. No one chose to speak in favor of, or in opposition (in person or virtually) to the proposed Town Code Ordinance Amendment CTA- 2021-05. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Continue the Public Hearing and table consideration until the February 7, 2021, Town Board meeting for further study. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8A Utility Allocation Request - Providence Oaks Subdivision - 75 Lots and Amenity Center Purpose – To consider a Utility Agreement Allocation Request for the Providence Oaks Subdivision for 23,500 gpd sewer and 28,300 gpd water. Recommendation – Approve the recommended utility allocation request for Providence Oaks Subdivision (75 Lots and Amenity Center) as presented and recommended. 8B Recreation Unit Fee-In-Lieu - Providence Oaks Subdivision - SUB-PR-2021-05 Purpose –To consider acceptance of a fee-in-lieu for Recreation Unit Fees for Providence Oaks Subdivision in the amount of $215,125.17.  Recommendation – Approve the fee-in-lieu request for Providence Oaks Subdivision in the amount of $215,125.17 for Recreation Unit Fees as presented and recommended. 8C Sign Easements - Historic Markers - Consolidated School and Fuquay Springs High School Purpose –To consider authorizing the Town Manger to execute easement documents for the installation of historic markers at the Fuquay Consolidated School and Fuquay Springs High School sites. Recommendation – Authorize the Town Manager to execute easement documents for historic markers at the Fuquay Consolidated School and Fuquay Springs High School locations subject to approval by the Town Attorney as to form. A motion was made to approve Consent Agenda items 8A-8C. MOTION Mayor Pro-Tem Smith SECOND: Commissioner Watson MOTION RESULTS: Passed Unanimously (5-0) ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Preliminary Subdivision Plat – Providence Oaks Subdivision - SUB-PR-2021-05 Purpose – To consider a preliminary subdivision plat submitted by CE Group, Inc. for the Providence Oaks Subdivision located at 1408, 1409, 1420, 1501, 1520, and 1524 Rodgers Road. Staff Comments – Planning Director Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided information about the agenda item by making the following remarks. The submitted preliminary subdivision, Providence Oaks Subdivision, is located at 1408, 1409, 1420, 1501, 1520, and 1524 Rodgers Road on 103.609 acres in the Residential Medium Density Conditional Zoning District (RMD-CZD). The following conditions are proposed site-specific standards for the subject property: 1. Vinyl siding is not permitted. Vinyl windows, decorative elements, and trim are permitted. 2. Anti-monotony: No unit shall be constructed with an exterior elevation or color palette identical to the unit on either side or directly across the street. 3. ROW Visibility: Any side or rear façade visible from an existing or proposed public ROW shall have a covered or enclosed porch and/or decorative trim or shutters around all windows. 4. Façade Treatment: There shall be a minimum of 24” of masonry material at the base along the front façade and surrounding entryway, including an overall 25% minimum masonry (a minimum of 50% of all homes shall include 25% minimum masonry). Each façade shall include shutters. The colors of masonry and siding will vary from home to home per plan. 5. Garage Doors: Garage doors shall contain windows, decorative details, and/or carriage style adornments. Each home shall have a minimum of a two-car garage. 6. Glazing: Each unit shall have a front door with a minimum of 25% glazing, transom, and/or door sidelights. 7. Each home shall have a covered entryway. 8. Townhomes, Duplexes, Triplexes, and Quadplexes are not permitted. 9. A 20’ Type B perimeter buffer shall be provided for the entire development. The developer will strive to maintain the existing vegetation in the open space. 10. Three Single-Family lot sizes will be provided: 6,000, 7,500, and 9,000 square feet. 11. No one lot size shall comprise less than 15% of the total platted lot count. No one lot size shall contain more than 50% of the total platted lot count. 12. Maximum density for the overall development shall not exceed 3.25 units per acre. 13. The development shall provide a minimum of 25% Open Space. 14. Perimeter buffers shall be in common open space and maintained by the Homeowner’s Association. 15. The development shall provide a minimum of three pocket parks. Pocket parks will be sodded and include a use consisting of one or more of the following: flower  gardens, cornhole (or similar lawn games), vegetable gardens, exercise circuit, or other use approved by the Town of Fuquay-Varina Planning Department. 16. The development shall provide a minimum 5’ wide trail around the large pond on the parcel identified as PIN 0665148249, which shall be maintained by the Homeowner’s Association. 17. The development shall have an amenity package that will include at least the following: pool, pool house, tot lot, and dog park. 18. Rogers Road shall be paved, to Town standards, from the intersection of Angier Road and then west and south to the Harnett County line. The preliminary subdivision plat proposes 281 single family lots, meeting the standards for open space subdivision developments. The minimum required lot size permitted is 6,000 square feet (per approved rezoning conditions). The minimum lot size provided is 6,000 square feet with the average lot size of 7,629.50 square feet. In compliance with the zoning condition mandating three lot sizes, 140 lots or 49.8% will be minimum 6,000 square feet, 72 lots or 25.6% will be minimum 7,500 square feet, and 69 lots or 24.6% will be minimum 9,000 square feet. Following the 25% open space requirement for subdivision developments, a minimum of 25.068 acres of overall open space with 5.014 acres of common green area is required. There are 33.438 acres of overall open space with 5.380 acres of common green area provided. Vehicular access to all four phases of the subdivision will be provided via Rodgers Road. A continuation of Bellevue Manor Drive from the adjacent Geneva Subdivision will provide additional access to development's Phase 4. Rodgers Road is a local street and currently is a 60-foot right-of-way with 2 unpaved lanes. Per approved rezoning conditions, this development will be responsible for paving Rodgers Road from the intersection of Angier Road to the Harnett County line. Sidewalk, curb, and gutter will be added along the project frontage. This development is also responsible for right-of-way dedication and construction of the interim cross-section of the future Fuquay-Varina Parkway in two locations, north of Phase 1 and south of Phase 4. The subdivision will provide three (3) stub roads in the contiguous Phases 1 and 2, three (3) stub roads in Phase 3, and one (1) stub roads in Phase 4 for future connections to the site.  The current carrying capacity of Rodgers Road is 10,500 average daily trips (ADT). Traffic counts for Rodgers Road are not available. Public water and sewer are available to serve the subject property. Utility infrastructure will be installed by the developer. The proposed preliminary subdivision plat meets all Town requirements, as such management and staff recommend approval. At the December 20th, 2021 regular meeting, the Planning Board found the subdivision plat consistent with town requirements and voted unanimously to recommend approval. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve the Providence Oaks preliminary subdivision plat SUB-PR-2021-05, as presented and recommended. MOTION: Commissioner Harris SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) 10B Consultant Selection - Construction Management at Risk Services - Community Center North Purpose – To approve consultant / professional services selection of the Construction Management at Risk (CMAR) firm for the Community Center North / Senior Center Project. Staff Comments – Parks and Recreation Director Cox 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 Town Board is aware, the Town has retained HH Architecture and their consultants for architectural design services for the Community Center North Project and recently commenced the Schematic Design Phase. Town management and staff have researched opportunities to maximize the success of Town facility construction projects and have found that the Construction Management at Risk (CMAR) delivery method is a tool that many other public entities in North Carolina have had success with delivering quality projects while mitigating schedule, financial, and legal risk for the Town. CMAR has become a common and popular tool for municipalities, counties, and school districts, and the best practice is to engage a Construction Manager (CM) early in the schematic design phase of the project so that the construction manager can work collaboratively with the architect to review proposed designs for constructability and clarity. This advanced planning collaboration can reduce schedule risk and minimize the likelihood of change orders during the construction process. Additionally, the CMAR process will allow the construction manager to prequalify and reach out to subcontractors and bid out a project in smaller trade packages which has improved small, women, and minority owned business participation on public projects. Upon award of bids, the CMAR firm will establish a guaranteed maximum price with the Town and will be paid a fee based on percentage of construction cost to manage the project to the final budget. Under NC G.S. §143-64.31, Construction Manager at Risk firms must be selected on the basis of demonstrated competence and qualification for the type of professional services required without regard to fee. After selection of a qualified CM, the Town and the selected firm will negotiate a contract for those services at a fair and reasonable fee with the best qualified firm. In November 2021, the Town issued a Request for Qualifications, and received 11 submittals. The review team including representatives from Town Management, Parks, Recreation, and Cultural Resources, Engineering, and Public Works were pleased to receive qualifications from a deep slate of well-qualified firms. Following review of submittals, the selection team narrowed the list to two finalists, Edifice and Balfour Beatty, which were interviewed on December 20, 2021. Following these interviews, Edifice was selected by the project team as the best qualified firm with Balfour Beatty as the second-best qualified firm, based on evaluation criteria including Project Approach and Understanding of the Project Objectives and Constraints, Experience on Similar Projects, Demonstrated Excellence with Projects of Similar Scope and Scale, Demonstrated Ability to Meet Project Schedule and Budget, Team organization and experience, and quality of submittal. The CM contract will be performed in THREE Phases which are as follows: PHASE I PRE-CONSTRUCTION SERVICES: Project Review, Value Analysis, Schedule Management, Logistics and Phasing Plan (site specific), Quality Control / Quality Assurance (QC/QA), Construction Cost Model / Estimates, Coordination of Contract Documents. PHASE II PRE-CONSTRUCTION SERVICES/GMP: Preliminary Guaranteed Maximum Price (PGMP) (with a Town option to not move forward with a GMP), Bidding Services (including bidder outreach, solicitation of bidders, prequalification of bidders, and opening and review of bids consistent with NCGS). PHASE III CONSTRUCTION SERVICES: The CM firm manages the construction project for the Town of Fuquay-Varina, as an open book project. A Guaranteed Maximum Price will be established based on the accepted subcontractor bids. The Construction Manager will manage all subcontractors on the project and schedule and hold regular meetings at which Owner, Architect, Construction Manager, and appropriate subcontractors can discuss the status of the work and provided monthly written reports to the owner and architect on work progress. The Construction Manager shall maintain a daily log containing a record of weather, subcontractors working on the site, number of workers, work accomplished, problems encountered, and other similar relevant data. The log shall be available to the Owner and Architect. The Construction Manager will be responsible for cost control, including regular monitoring of actual costs for activities in progress and estimates for uncompleted tasks and proposed changes. The Construction Manager shall identify variances between actual and estimated costs and report the variances to the Owner and Architect and shall provide this information in its monthly reports to the Owner, Owner’s Designated Representative and Architect at regular intervals. Town Management and staff have reviewed references and background information on both firms. Based on this information and the qualifications and experience shared in the RFQ response and interview, Management and staff are pleased to recommend selection of Edifice as the most qualified firm for this project with Balfour Beatty as the second most qualified. Per North Carolina General Statutes, Town management will attempt to negotiate acceptable scope and fee terms with the most qualified firm but would be able to move to the next most qualified firm if the two entities are not able to agree on a scope and fee. Subject to the recommended action this evening, a proposed contract with a scope and fee will be brought to a future Town Board Meeting for consideration. Town management and staff anticipate bringing a negotiated scope and fee with terms to a future Town Board meeting. While this fee will need to be appropriated, it will be ultimately reimbursed with financing proceeds for pre-construction and construction services for the Community Center North Project.  Discussion – Mayor Massengill stated that he is glad that the Town is moving forward with this project and the bond passed overwhelmingly back in November 2021. He asked what the timeline for the project would be. Parks and Recreation Director stated that the Town hopes to have them on board within 30 to 45 days and that staff will bring back to the Town Board a contract award and scope and fee. He stated that the Town is looking to break ground in October of this year. Recommendation – Designate Edifice General Contractors as the best qualified firm for Construction Management at Risk (CMAR) services for the Community Center North Project consistent with NCGS 143-128.1 and authorize the Town Manager or designee to negotiate scope and fee, subject to the Town Attorney review as to form. In addition, Balfour Beatty is designated the next best qualified firm. MOTION: Commissioner Haynes SECOND: Commissioner Watson MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Manager’s Report Public Utilities Department – The Public Utilities Department had some employees receive certifications in December 2021: Chris Way – Collection Grade II Certification James Patters – Collection Grade IV Certification Jim Carney – Biological Grade IV Certification Patrick Walsh – Collection Grade I Certification Engineering Department – The Engineering Department received notification that the CAMPO staff is recommending that the FY 22-23 LAPP Funding for the Southeast Judd Parkway Pedestrian Sidewalk Project that the Town submitted will be funded. The total cost of the project is $723,000 with the Town providing 20% local match and the LAPP Grant Program providing the other 80%. This project will fill in the gap of approximately 570 feet of sidewalk along Southeast Judd Parkway and in between Holland Road and the Carillon property. He stated that Mayor Massengill will have the opportunity to vote on this as a member of the Executive Board at the upcoming CAMPO meeting.  Inspection Department – The Inspection Department finished the year of 2021 with a total of 1,807 single family permits issued. Finance Department – The Finance Department just kicked off the budget process and they are working to assist all our departments in the budget development phase. Parks and Recreation Department – The Parks and Recreation Department spring registration begins on January 10, 2022. Arts Center – Arts Center theater rentals will resume this weekend and the track-out camps and classes are beginning this week. Public Works Department – The Public Works Department hired Street Equipment Operator Brian Craft. Sanitation Department staff have been busy collecting historic volumes of garbage and recycling immediately following the Christmas holiday. Street crews have been busy responding to the heavy rains and wind from the past 24 hours. IT Department – IT Department worked very hard over the past weekend to prepare for the deployment of teleworking equipment. The Town is going to begin teleworking some of our staff again for a few weeks to mitigate any service interruptions. The Public Works staff and Public Utilities staff are on A and B shifts to try to separate some of our teams from each other and mitigate the risk of COVID exposure and avoid service interruption. 11B Project Status Report – January 2022 11C NCDOT/CAMPO - 401 Bypass Meeting Public Meeting - January 11, 2022 - 6:30 pm - Town Hall 11D Town Offices Closed for Dr. Martin Luther King, Jr. Holiday - Monday January 17, 2022 11E Rev. Dr. Martin Luther King, Jr. Celebration – Cultural Arts Society of Fuquay-Varina – January 17, 2021 - 10:30 am - 1:15 pm 11F Coffee with a Cop - Marquee Station Apartments – Tuesday, February 1, 2022 - 9:00 - 10:30 am 11I Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #16 - CTA-2021-05 - (FIRST READING) - (Mitchell/Seymour/Davison) BOARD MEMBER COMMENTS Commissioner Gardner stated that she is looking forward to this wonderful new year and the Town has a lot of work to do, and the holidays were wonderful. Commissioner Harris stated that he hoped everyone had a wonderful holiday. He said that the Operation Coming Home Celebration was outstanding, and it came at a time that he thought was very timely and very inspiring. He was elated to see how the Homebuilders Association has contributed to the efforts and the collaboration between the Town of Fuquay-Varina and the Home Builders Association to pull off such a great event. Commissioner Haynes wished everyone a Happy New Year. He stated that he wanted to commend the Emergency Food Pantry, Operation Nigella food assistance program and Pine Acres Community Center for supporting this community with food throughout the holiday season. He stated that the need is still here in our community and on the Dr. Martin Luther King holiday, Pine Acres is partnering with Alpha Kappa Alpha Sorority and will be feeding the kids that day at Pine Acres Community Center. He stated that often kids only get food when they are at school, and they don’t eat during the weekend. Commissioner Watson wished everyone a happy holiday. She also attended the Operation Coming Home ceremony, and it was a great ceremony. She expressed her excitement that 11 of the Operation Coming Home houses were built in Fuquay-Varina. She urged those who could, to attend the funeral service on Saturday for Mike Dorman, and she stated that specific information on the funeral can be found online. Mayor Pro-Tem Smith stated that he was glad to see the Town making progress with the New Fire Department and Community Center North-Senior Center projects. He congratulated the Engineering Department for their hard work with the CAMPO grant. He also congratulated Dawn Russell for being recognized for all that she does for our Downtown Revitalization. He also commended the Town staff for all their hard work. Mayor Massengill stated that he hoped everyone had a nice Christmas and a Happy New Year. He stated that it is amazing how we go from 70-degree weather last week and then this week staff is possibly trying to figure out how to keep snow and ice off the roads. He stated that he thought the Board made the best out of the situation that they could with the rezoning tonight. He believes the long-term effect of what will be built on that property will be much better than if the Board would have denied the small parcel and did nothing regarding the property. He also believes the benefits from the road expansion will benefit the public. He stated that he is looking forward to a promising year in 2022 and the Town has a busy year ahead with a lot of great opportunities to be working on together. The following items are Mayor Massengill’s past and future events: Past Events 12/22 – Operation Coming Home Upcoming Events 1/10 – Fuquay-Varina Woman’s Club – Speaking Engagement 1/11 – NCDOT/CAMPO 401 Bypass Public Engagement Meeting 1/12 – Fuquay-Varina Chamber of Commerce Meeting 1/17 – Dr. Martin Luther King Jr. Community Celebration 1/17 – Wake County Mayors Association ADJOURNMENT A motion was made to adjourn the meeting at 8:51p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (5-0) The minutes from the January 3, 2022, Town Board of Commissioners regularly scheduled meeting are adopted this 18th 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