Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting April 4, 2022 J. Blake Massengill, Mayor Larry Smith, Mayor Pro-Tem William H. Harris, Commissioner The Regular Meeting of the Fuquay-Varina Town Marilyn B. Gardner, Commissioner Tracy Watson, Commissioner Board scheduled for Monday, April 4, 2022, at Bryan Haynes, Commissioner Adam G. Mitchell, Town Manager 7:00 p.m. was held at the Fuquay-Varina Town Mark D. Matthews, Assistant Town Manager James (Jim) E. Seymour, Assistant Town Manager Hall, 134 N Main Street, Fuquay-Varina, NC. Rose H. Rich, Town Clerk 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 Managers Mark Matthews and Jim Seymour, Town Clerk Rose Rich, and IT Director Scott Clark. Town Attorney James Adcock was absent. CALL TO ORDER Mayor Massengill called the meeting to order at 7:02 pm. INVOCATION AND PLEDGE Mayor Pro-Tem Larry Smith provided the invocation and Sergeant Brian Wohl 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 March 22, 2022, minutes of the Town Board of Commissioners regularly scheduled meeting. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Recognize - Fuquay-Varina Police Department Softball Team Purpose – To recognize the Fuquay-Varina Police Department Softball Team for winning the 2022 Battle of the Badges Tournament. Staff Comments – Captain Brett Walsh 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 2022 Battle of the Badges Softball Tournament was held on March 26 and 27 at Ting Park in Holly Springs. The tournament was made up of five teams which included the Fuquay-Varina Police Department, Fuquay-Varina Fire Department, Holly Springs Police Department, Holly Springs Fire Department, and Apex Fire Department. All proceeds from this event went to support the NC First Responder Peer Support Team and a total of $3,000 was raised. The NC First Responder Peer Support Team is an organization that recognizes that fire service, law enforcement, and emergency medical personnel are human beings who are exposed to, and experience emotions because of experiences they may have while on duty. The NC First Responder Peer Support Team provides a safe, non-judgmental, and confidential environment where members can engage in a healing conversation with a peer. The Fuquay-Varina Police Department went undefeated and brought home the trophy beating the Holly Springs Police Department 19-4 in the first game, beating the Apex Fire Department 5-4 in the second game, and beating again, the Holly Springs Police Department 16-1 in the final game to win the tournament. It should be noted that the game was stopped early in the 6th inning due to the significant lead.  Mayor Massengill congratulated the Police Department Softball Team and he stated that Fuquay-Varina was very well represented. PUBLIC COMMENTS 5A Virginia Bergstrom, 1130 Mim Avenue, Charleston, SC, spoke regarding the proposed NC 55 Highway Extension. She stated that NCDOT is currently weighing alternatives with the community and Town leadership over what strategy to employ for connecting the new bridge over Hwy 401 to Judd Parkway. She stated that she is in favor of Alternative 3, and there are some challenges to overcome with all three of the proposed alternatives, but she hopes that Town leadership would consider water quality issues with buffers for Terrible Creek and the impacts on homeowners that would be affected by the northern alternatives. ITEMS PREVIOUSLY TABLED 6A Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #16 - CTA-2021-05 - ITEM TO BE TABLED 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 – Town Manager Mitchell stated that recommendation for this item is to continue the public hearing and table consideration on this item until the May 2, 2022, Town Board meeting. The agenda abstract and supporting documents for this agenda item were entered into the official record of the Town. General information about the agenda item was as follows: 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. ADDITIONAL INFORMATION: At the December 20, 2021, regular meeting, the Planning Board unanimously voted to recommend approval. During the January 3, 2022, Town Board meeting, the Town Board unanimously voted to table consideration of this text amendment to the February 7, 2022, regular meeting. Before the February 7, 2022, Town Board meeting, management and staff requested the item be tabled 60 days to the April 4, 2022, Town Board meeting to work through an area of concern presented by the Town Board. Prior to the April 4, 2022, Town Board meeting, the petitioner requested to table consideration once more to the May 2, 2022, Town Board meeting to align the text amendment's revisions with the update of the 2040 Community Vision Land Use Plan adoption. Public Hearing – The public hearing was opened. No one chose to speak in favor of, or in opposition to the proposed Town Code amendment.  Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Continue the public hearing and table consideration of CTA-2021-05 Amendment #16, an amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, to the May 2, 2022, Town Board meeting, per the request of management and staff. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) 6B Zoning Map Amendment & Land Use Plan Amendment - Gray Methven, Wakefield Development - 8537 Lake Wheeler Road - Portion of PIN 0689455964 - REZ-2021-10- ITEM TO BE TABLED Purpose – To consider a requested zoning map amendment for a total of 35.49 acres, located at a portion of Lake Wheeler Road, from the Residential Agricultural (RA) Zoning District to the Planned Unit Development (PUD) Zoning District and the corresponding Land Use Plan amendment from Mixed Use Neighborhood (MUN) to Mixed-Density Residential (MDR). Staff Comments – Town Manager Mitchell stated that recommendation for this item is to continue the public hearing and table consideration on this item until the May 2, 2022, Town Board meeting. The agenda abstract and supporting documents for this agenda item were entered into the official record of the Town. General information about the agenda item was as follows: The subject property totals 36.52 acres, of which, 35.49 acres are part of this rezoning petition. The subject property is located in the Town's extraterritorial jurisdiction (ETJ). The property is the subject of annexation ANX-2021-08. The subject property is generally forested with a single- family residence located on the western side of the property. The subject property is zoned Residential Agricultural (RA). The petitioner is requesting approval to rezone the property to a Planned Unit Development (PUD) Zoning District. PUD's are intended to permit variations and flexibility to create a unified development plan that would otherwise not be possible under the Land Development Ordinance. A PUD is intended to address urban design, meet the demand for all types of housing, integrate residential and commercial uses, encourages conservation and more efficient use of open space, protection of environmentally sensitive areas, enhances recreation and activities for healthy living, promotes a pedestrian friendly environment with well-designed and coordinated streets for pedestrian walkability. The petitioner's proposal requesting approval to rezone the property as a PUD does not integrate commercial or non-residential uses into the development. The petitioner has requested the following site-specific conditions be made applicable to the subject property: 1. Vinyl siding is not permitted. 2. Fiber cement siding will be used on all exterior elevations. Vinyl windows, shutters, soffits, decorative elements, and trim are permitted. 3. Front-facing garage doors shall have windows, decorative details, or carriage-style adornments. 4. A varied color palette shall be utilized on all homes throughout the subdivision and shall include siding, trim, shutter, and accent colors complementing the siding colors. 5. All homes shall include architectural shingles in a color that compliments the development's approved color palette. 6. Attached townhouses will consist of a mix of four (4), five (5), or six (6) unit buildings. More than 50% of the buildings will have more than five (5) units per building. 7. Attached townhouse end units shall include a minimum roof overhang of 12 inches. 8. All homes shall have a front door with a minimum of 25% glazing, transom, and/or door sidelights. 9. ROW Visibility: Any side or rear facing façade visible from a public ROW (existing or proposed) shall have a covered or enclosed porch, and/or decorative trim or shutters around all windows. 10. Roofs shall be pitched at 5:12 or greater (not including porches, bay windows, etc.). 11. Townhouse rooflines cannot be a single mass; it must be broken up horizontally and vertically between every two units by staggering the unit a minimum 24” or providing a minimum 8” vertical step between every two units. (See sample elevation). 12. A masonry material shall be provided along the front façade of all homes, equivalent in height to two (2) standard steps or a minimum of 14”. 13. Front entrances for all homes must have a covered porch/stoop area at the front door. 14. No home can be constructed with either an exterior elevation (front façade) or color palette that is identical to any other home in the same row (for townhomes), the next  home on either side (for single-family) or directly across the street (for all attached and detached homes). 15. A minimum of three (3) of the following exterior materials/elements shall be used on each house: o Decorative shake o Decorative porch rails and posts o Shutters o 1”x 4” Window Wrap o Decorative window pediments o Recessed windows o Side and/or Front Window Box Bays o Decorative brick or stone o Decorative gables o Decorative dormers o Decorative cornices o Metal roofing Proposed Residential Materials 16. Proposed materials will be of a similar palette to provide consistency of character along with visual interest. Exterior materials that may be incorporated into any of the residential structures include: o Fiber cement lap siding o Board and batten siding o Shake and shingle siding o Wood siding o Stone or synthetic stone o Brick 17. A minimum of two (2) of the following exterior materials will be applied to the front façade: brick, masonry, board, and batten, horizontal, or shake siding. Alternatively, the front façade of a building may be comprised of all masonry. A master plan is characterized by an integrated mixture of civic spaces, single-family detached homes, alley-loaded detached and attached townhomes, and commercial, non-residential uses. It provides for an overall integrated design that considers the placement of residential types, connectivity, character, transportation options, and preservation of natural features. To comply with the zoning map amendment petition requirements, the associated master plan (document and related maps) shall identify permitted uses, arrangement of uses, open space, thoroughfare network, utilities, pedestrian network, and architectural design and standards. The master plan shall also adhere to all other standards provided by Article Q and Appendix D of the Land Development Ordinance (LDO). The Petitioner's master plan proposes a maximum density of 3.38 dwelling units per acre with a maximum of 120 units (excluding the lot designated for the pump station). The proposed density is less than the maximum allowable density of six (6) dwelling units per acre. There is a proposed minimum of 55 attached townhome units that will have a minimum lot width of 20 feet; 20 detached townhome units that will have a minimum lot width of 30 feet; and 32 single- family detached lots consisting of ten (10) 8,000 square foot lots, five (5) 10,000 square foot lots; and two (2) 12,000 square foot lots that are to be located adjacent to the Ridgebrook Bluffs Community. The location of the single-family detached is intended to provide a transitional area from existing single-family neighborhoods to the north and east of the site to the higher density townhome units. Given that the current Land Use Plan designation for the subject property is Mixed-Use Neighborhood, staff maintains that some form of small-scale, neighborhood commercial, non-residential uses should be integrated into the petitioner's master plan proposal as envisioned by the Land Use Plan. Civic space is green space dedicated for community use and can take many forms, for both active and passive recreation. The master plan proposes a number of civic spaces including natural play areas, shaded pedestrian seating, a fire pit, grilling area, a dog park, pet waste stations, and general open space areas. The minimum open space required in a PUD is 20% of the gross acreage. The proposed master plan provides for dedication of 40%, or 14.35 acres, of the project area to open space, with an additional 1.89 acres of active recreation area. All homes will be within 500 feet of an active recreation area. Surrounding properties are generally residential in nature with some forested areas. The Ridgebrook Bluffs subdivision is to the north and east of the subject property, while the Village at Lake Wheeler subdivision located to the northwest of the site is currently under construction. Additionally, to the southwest and south of the property is the construction of the I-540 southern expressway. The 2035 Community Vision Land Use Plan (LUP) designates the subject property as the Mixed- Use Neighborhood (MUN) classification. Since the requested zoning is incompatible with the designation of MUN, the petitioner has included a Land Use Plan amendment as part of this zoning map petition, which will be described later in this report. Public water is available to serve the subject property. Sewer will be extended as part of the development. The subject property is located along and has access to Lake Wheeler Road, which is classified as a 110-foot right-of-way by the 2035 Community Transportation Plan (CTP). The CTP identifies this street as a four (4) lane, median-divided roadway with sidepaths, with a future carrying capacity of 36,600 average daily trips (ADT). Currently, the street is a two (2) lane roadway with a carrying capacity of 18,300 average daily trips (ADT). 2019 NCDOT traffic counts taken on Lake Wheeler Road approximately a quarter mile south of the subject property indicate an average daily trip (ADT) count of 8,200. The future I-540 southern expressway currently under construction runs diagonally along the southwestern border of the subject property. The petitioner held two (2) neighborhood meetings on October 26, 2021, and December 1, 2021. The meeting reports are attached, and staff takes no position as to their content The 2035 Community Vision Land Use Plan (LUP) calls for the subject property's Mixed-Use Neighborhood (MUN) classification. Mixed-Use Neighborhood neighborhoods include housing types and residential densities, integrated with commercial (non-residential) goods and services in a walkable center that residents visit daily. The general mix of uses envisioned for a mixed-use neighborhood includes residential and commercial uses (non-residential); The scale, character, and intensity of development in a mixed-use neighborhood should be compatible with, and transition to adjacent land uses. The petitioner has proposed a Land Use Plan amendment from MUN to Mixed-Density Residential (MDR) as the Petitioner believes rezoning to MDR to be more compatible with the surrounding properties. Staff does not agree with the petitioner's rationale given the current and expected growth in the region. Land classified as MDR is land formed as a neighborhood for a mix of housing types and densities. Homes are oriented interior to the site and typically buffered from surrounding development by transitional uses, topography, preserved open space, or landscaped areas. Typical densities in a mixed-density residential neighborhood range between 4.0 and 8.0 dwelling units per acre. All neighborhoods incorporate a comprehensive network of open space to accommodate small parks, gathering places, and community gardens, preserve tree stands, and help reduce stormwater runoff. Land classified as MDR do not require the integration of commercial (non-residential) goods and services. In Fall 2021, the Town began updating the Land Use Plan to ensure the intent and goals established in 2017 when the Land Use Plan was adopted are consistent with today's emerging development trends and the community's vision for current and future land uses and developments. The town staff advises against the Petitioner's request to change the Land Use Plan from MUN to MDR at this time. Staff recommends the request be denied until such a time as final recommendations and guidance are available from the updated Land Use Plan process, which is expected in early Spring 2022, or at a minimum table consideration of the request until the May 17, 2022, Town Board meeting. Should the Town Board choose to deny the petitioner's application then upon adoption of the updated Land Use Plan, staff would encourage the petitioner to reapply under the guidance of the newly updated Land Use Plan. Management and staff recommend denying the proposed zoning map amendment and associated Land Use Plan amendment. It is inconsistent with the 2035 Community Vision Land Use Plan and is not reasonable or in the best interest of the public for the following reasons: 1) Staff cannot support an amendment to the Land Use plan that varies from the previously adopted vision for the area established by both the Planning Board and Town Board while the Land Use Plan is being updated and therefore cannot recommend a rezoning request that would also require a Land Use Amendment. 2) Staff is not prepared to recommend against the current designation of Mixed-Use Neighborhood, which would require the incorporation of non-residential uses into the site, consistent with the Town's goal of strategically balancing the total blend of residential and commercial uses. Alternatively, staff also supports the recommendation of tabling consideration of the petitioner's application until the May 17, 2022, Town Board meeting allowing additional time for the Land Use Plan update to be completed and further discussion with the petitioner. This item was tabled at the December 20, 2021, Planning Board meeting at the request of the petitioner. Following this meeting, Town staff did not receive updated project-related information, and the petitioner requested the petition be presented at the January 11, 2022, Planning Board with the Town staff's recommendation for denial. At the January 11, 2022, Planning Board meeting, the Planning Board voted to table consideration of the item to the February 21, 2022, meeting at the petitioner's request. On February 8, 2022, the petitioner and their representatives met with Town staff and the Land Use Plan update consultant, Matt Noonkester with City Explained. The petitioner had an opportunity to present their proposal to Mr. Noonkester for his consideration when updating the Land Use Plan. The petitioner requested the petition move forward for consideration at the February 21, 2022, Planning Board with the Town staff's recommendation for denial. At the February 21, 2022, Planning Board meeting, the Planning Board voted 4-2 recommending approval of the petition against the recommendation of staff, finding that a mixed-use product that incorporated commercial uses would not be viable at the property. Dissenting votes concurred with staff's recommendations that taking action on any proposed rezonings with associated Land Use Plan amendments until the results of the Land Use Plan update are known could be detrimental to the Town's future land use planning. Prior to the March 7, 2022, Town Board meeting, the petitioner requested to have consideration tabled to the April 4, 2022, Town Board meeting in order to allow more time for the consultant and Town staff to release the update to the 2040 Community Vision Land Use Plan. Prior to the April 4, 2022, Town Board meeting, the petitioner requested to have consideration tabled to the May 2, 2022, Town Board meeting in order to allow more time for Town staff to review the impact of the 2040 Community Vision Land Use Plan. Management and staff's recommendation is to table consideration of the item until the May 2, 2022, Town Board meeting when during this meeting a final draft of the updated plan will be brought to the Town Board for a public hearing and consideration. Public Hearing – The public hearing was opened. No one chose to speak in favor of, or in opposition to the proposed Land Use Plan and zoning map amendment. Discussion – There was no discussion from members of the Town Board regarding this matter.  Recommendation – Continue the public hearing and table consideration of the petitioner's application until the May 2, 2022, Town Board meeting to allow additional time for the Land Use Plan update to be completed. MOTION: Commissioner Gardner SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed Unanimously (5-0) PUBLIC HEARINGS 7A Voluntary Annexation Petition - A.E. Saunders Farm LLC, 7621 S. NC 55 Highway, Portion of PIN 0675353953 - ANX-2022-06 Purpose – To consider the adoption of an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a voluntary annexation petition of property owned by A.E. Saunders Farm LLC, containing a total of approximately 72.878 acres. Staff Comments – Planning Director Pam 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. Water and sewer are available to serve the subject property. The Town will provide garbage services to the property once residential units are constructed and occupied. At the March 22, 2022, regular meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation. The Town Clerk certified at that time the petition was sufficient and meets the requirements prescribed by the North Carolina General Statutes. The Town Board also adopted a resolution setting a public hearing for the April 4, 2022, Town Board meeting. The present total value of the property is $1,646,987.00. However, this value reflects the total acreage of both parcels, where only a portion is being annexed. The 72.878 portion of property that is subject of this annexation total value of the property is estimated to be $1,159,486.00. Public Hearing – The public hearing was opened. Jim Chandler, 5410 Trinity Parkway, Raleigh, and David West, 210 Lakecroft Place, Fuquay-Varina spoke in favor of the proposed annexation on behalf of the Saunders family. No one chose to speak in or opposition (in person or virtually) to the annexation petition. The public hearing was closed.  Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by A.E. Saunders Farm LLC - ANX-2022-06 as presented and recommended. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-22-06 7B Voluntary Annexation Petition - Madden West, LLC, Portion of 0 and 0 Coley Farm Road - PINs 0656581529 and a portion of 0656581505 - ANX-2022-07 Purpose – To consider the adoption of an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a voluntary annexation petition of property owned by Madden West, LLC, containing a total of approximately 0.272 acres. Staff Comments – Planning Director Pam 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. Water and Sewer are available to serve the subject property. Garbage and recycling services will be provided to the property. At the March 22, 2022, regular meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation. The Town Clerk certified at that time the petition was sufficient and meets the requirements prescribed by the North Carolina General Statutes. The Town Board also adopted a resolution setting a public hearing for the April 4, 2022, Town Board meeting. The present total value of the portion property being annexed is $3,260.00. Public Hearing – The public hearing was opened. No one chose to speak in favor or in opposition (in person or virtually) to the annexation petition. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter.  Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Madden West, LLC - ANX-2022-07 as presented and recommended. MOTION: Commissioner Gardner SECOND: Commissioner Watson MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-22-07 7C Voluntary Annexation Petition - Bentwinds Massengill LLC (Bentwinds Bluffs Phase 4 & 5) - 6717 Old Mills Road - PIN 0678119862 - ANX-2022-05 Purpose – To consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a petition for voluntary annexation of property owned by Bentwinds Massengill LLC (Bentwinds Bluffs Phase 4 & 5) containing a total of 14.84 acres. The property is located at 6717 Old Mills Road. Staff Comments – Planning Director Pam 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 contains 14.84 acres and is non-contiguous to the Town's corporate limits. Town water and sewer is available to the subject property. This site will be served with Town garbage and recycle services. A fire flow test was conducted, resulting in an adequate fire flow of 1,276 gallons per minute. At the March 22, 2022, meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation. The Town Clerk certified at that time the petition was sufficient and met the requirements prescribed by the North Carolina General Statutes. The Town Board also adopted a resolution setting a public hearing for the April 4, 2022, Town Board meeting. The present total value of the property is $524,830.00. Public Hearing – The public hearing was opened. Wayne Mauldin, of Mauldin-Watkins Surveying, 139 N. Main Street, Fuquay-Varina, spoke in favor of the proposed annexation petition. No one chose to speak in opposition (in person or virtually) to the annexation petition. The public hearing was closed.  Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Adopt an annexation ordinance extending the corporate limits to include property owned by Bentwinds Massengill LLC (Bentwinds Bluffs Phase 4 & 5) - ANX-2022-05, as presented and recommended. MOTION: Commissioner Haynes SECOND: Commissioner Watson MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-22-08 CONSENT AGENDA 8A Surety/Performance Bond - Parker Station Phase 1 - Delay of Frontage Improvements Purpose – Consider a surety request for the delay of constructing a right turn lane from Main Street onto Smithwood Street as part of the Parker Station Phase 1 plat, in the amount of $64,099.20. Recommendation – Approve the underlying agreement and acceptance of a surety for Parker Station Phase 1 in the amount of $64,099.20 as presented and recommended subject to Town Attorney review as to form. 8B Utility Allocation Request - Madison Park Apartments Purpose – Consider a Utility Agreement Allocation Request for the Madison Park Apartment buildings 3 and 4. Recommendation – Approve the recommended utility allocation request for Madison Park Apartments for 15,050 gpd water and 20,780 gpd sewer as presented and recommended. 8C Utility Allocation Request - Midtown Subdivision Purpose – Consider a utility allocation request for the Midtown Subdivision 53 lots. Recommendation – Approve the recommended utility allocation request for Midtown Subdivision, 53 lots for 19,080 gpd water and 15,900 gpd sewer as presented and recommended. 8D Special Event and Amplified Sound Permit Request – National Day of Prayer – May 05, 2022 Purpose – Consider approval of a special event and amplified sound permit for the National Day of Prayer event, scheduled for May 05, 2022. Recommendation – Approve the special event and amplified sound permit for the National Day of Prayer event scheduled for May 05, 2022, as presented, and recommended. 8E Special Event Application - RCCM Family Easter Celebration - Saturday April 16, 2022 Purpose – Approve a Special Event Application for the RCCM Easter Celebration taking place on Saturday, April 16, 2022, as presented and recommended. Recommendation – Approve a Special Event Application for the RCCM Family Easter Celebration scheduled for Saturday April 16, 2022, as presented, and recommended. 8F Special Event Application, Amplified Sound, and Demonstration Permit Request - Group Dance to Promote Joy Purpose – Approve a special event, amplified sound, and demonstration permit for the Group Dance to Promote Joy scheduled for Sunday, May 1, 2022, as presented and recommended. Recommendation – Approve a Special Event Application, Amplified Sound, and Demonstration Permit for the Group Dance to Promote Joy scheduled for Sunday, May 1, 2022, as presented and recommended. 8G Resolutions and Adoption of 10-Year Public Utilities Capital Improvement Plan - NC Drinking Water State Revolving Fund Program Purpose – Consider adoption of Resolutions and the Town's 10-year Public Utilities Department Capital Improvement Plan in support of the Town's funding applications to the NC Drinking Water State Revolving Fund Program. Recommendation – Adopt the Resolutions in support of the Town's Spring 2022 funding applications and adopt the recommended 10-Year Public Utilities Capital Improvement Plan as required to apply for the NC Drinking Water State Revolving Fund Program to support the Town's Future Water Capacity Expansion Project and system management. Ø Commissioner Harris asked that the Town Manager give further explanation for Item 8G. Town Manager Mitchell stated that the reason staff is asking the Town Board to adopt these resolutions is because it is a requirement as part of the Town’s application process for State Revolving Funds. He stated that staff is getting ready to apply for the Water Partnership Project and that they require that the Town regularly have an updated Capital Improvement Plan. Resolution No. 22-1754 Resolution No. 22-1755 Resolution No. 22-1746 A motion was made to approve Consent Agenda items 8A-8G. MOTION Mayor Pro-Tem Smith SECOND: Commissioner Gardner 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 Water Supply Agreement - Town of Fuquay-Varina and Harnett County Purpose – Consider approval of the recommended Water Supply Agreement between the Town of Fuquay-Varina and Harnett County. Staff Comments – Public Utilities Director Wagner entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. The Town of Fuquay-Varina and Harnett County currently have a treated water capacity agreement for the supply of 2 gallons per day (MGD) and 5 MGD of capacity in a 36" transmission main conveyance system. The Town is requesting an additional water supply from Harnett County to receive an additional water capacity supply of 2 MGD, bringing the Town's total water capacity supply with Harnett County to 4.0 MGD. The current 2 MGD agreement, executed in 1999, is set to expire in 2040; the additional 2 MGD of bulk water capacity that the Town is currently seeking would be a 10-year agreement. The 10-year term of this pending 2 MGD bulk water supply agreement does not modify or alter the duration of the 1999 water agreement set to expire in 2040. If approved, the Town's water supply capacity will increase to 7.25 MGD (4.0 MGD Harnett County; 1.75 MGD City of Raleigh; and 1.5 MGD Johnston County). In addition, the Town is currently under design and planning a long-term obligation for water supply from the City of Sanford for an additional 6.0 MGD. Management and staff recommend entering into the proposed 10-year water supply agreement with Harnett County. Both entities' management, staff, and legal counsel have worked to produce a fair and beneficial agreement for both parties. This new water supply agreement requires the Town to pay a volumetric cost for the first 2 MGD of usage and a bulk water cost for usage over the first 2 MGD. The cost to the Town for the delivery of the additional 2 MGD of water supply under this pending agreement is $2.60 per 1,000 gallons of water plus a $0.25 per 1,000 gallons pumping charge. Under the Town's current water supply agreement, the Town pays $2.05 per 1,000 gallons of water plus a $0.25 per 1,000 gallons pumping charge. The $2.60 per 1,000 gallons of water rate only becomes effective once the Town's demand for water is supplied over the 2 MGD day limits pursuant to the 1999 water supply contract.  Discussion – Town Manager Mitchell stated that the Town appreciates Harnett County and their staff working to provide the Town this opportunity to purchase an additional 2 million gallons per day that is needed due to the growth that the Town is experiencing, while the Town is working to continue to advance long-term water options. He stated that Harnett County Board of Commissioners will be considering approval of this agreement at their upcoming board meeting next week. Mayor Massengill stated that it is important to continually plan for future water resources. This is what staff is doing to guarantee that the Town has water for the future. Commissioner Harris asked if this would impact the allocation policy. Town Manager Mitchell stated that it would not have an impact on the policy because this is dealing with water capacity only and not sewer capacity. He stated that staff is working with Harnett County on an expansion of their plant and the Town has expressed an interest to participate with 3.4 million gallons per day along with the expansion of the Terrible Creek Wastewater Treatment Plant. He stated that once the staff has a better focus on wastewater, both in the Cape Fear and Neuse River basin, it would provide an opportunity to revisit the policy at that time. Town Manager Mitchell stated this motion gives him as the Town Manager the authority to execute this agreement but if the Chairman of the Harnett County Board of Commissioners is the one to execute the agreement for Harnett County, the Town Manager would recommend that Mayor Massengill sign the agreement on behalf of the Town. The Town Board concurred. Recommendation – Authorize the Town Manager to execute the Water Supply Agreement with Harnett County as presented and recommended. MOTION: Commissioner Harris SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Manager’s Report Town Manager Mitchell then made the following department reports: Arts Center – The Arts Center won the Maggie Award for Best Place for Kids Programming and Camps. Town Manager Mitchell congratulated the Arts Center staff on this award. He then provided information on some upcoming events: Beatlesque – Saturday, April 23, 2022, at 7:30 pm We Banjo 3 – Saturday, April 30, 2022, at 7:30 pm 2022 Spring Dance Recital – April 29, 2022, at 6:30 pm and April 30, 2022, 10:00, 11:00 and 12:00 pm Public Works Department – Street crew assisted the Growers Market with installing new banners. Sanitation crew has been working hard to keep up with growth. The Debris Collection Department is also seeing increase in debris pickup with springtime. Parks and Recreation Department – This Thursday is the first FM2FV Concert with musical artist, Chairman of the Board. The annual Easter Egg Hunt will be this Saturday April 9, 2022, at a new location, Fleming Loop Park to accommodate more participants. Finance Department – The Finance Department is in the process of balancing the FY 2022-2023 draft budget and Five-Year Plan. Police Department - Town Manager Mitchell reported that last week an announcement was made regarding the hiring of Police Chief Brandon Medina. Fire Department – The Fire Department submitted sites plans last week for Fire Station #4 and construction documents should be completed by the end of the week. The groundbreaking ceremony date will be announced soon. Human Resources Department – The Human Resources Department continues to make progress on the compensation and benefits study. Planning Department - The 2040 Draft Land Use Plan update is on the Town’s website and Let’s Talk FV and he encouraged anyone from the public to review the document and give the Town feedback through Let’s Talk FV. Inspections Department – The Town’s growth is continuing strong with a record breaking 334 single family permits issued for March 2022, going well above the previous October 2021 record high of 192 single family permits. 11B Project Status Report – April 2022 11C Coffee with a Cop – Gold Leaf Collective - 509 Broad Street - Tuesday April 5, 2022 - 9:00 - 10:30 am – This event was cancelled 11D FM2FV Concert - Chairman of the Board - Thursday April 7, 2022 - 6:30 pm - 9:30 pm - Centennial Park 11E Easter Egg Hunt - Saturday April 9, 2022 - 10:00 am - Fleming Loop Park 11F FVDA - Downtown Candy Hop - Saturday April 9, 2022 - 11:00 am - 2:00 pm 11G Budget Workshop - Tuesday April 12, 2022 - 6:00 pm - Town Hall Board Room BOARD MEMBER COMMENTS Commissioner Gardner – No comments. Commissioner Harris – No comments. Commissioner Haynes – no comments Commissioner Watson stated that her company hosted a Paper Shredding Event at the Chamber of Commerce on March 26th and shredded 12,500 pounds of paper and saved 2,500 trees. Mayor Pro-Tem Smith expressed his excitement regarding the preparation to construct Fire Station #4. Mayor Massengill stated that Arbor Day Celebration with take place this Saturday from 2:00-3:30 at Carol Howard Johnson Environmental Education Park. He also stated that he participated in working with the sanitation workers on their routes and helped with trash pick-up. He stated that in one day they picked up 100,000 pounds of trash. He stated that the sanitation crew works hard, and the citizens really appreciate and support them. He stated that this weekend there will be a lot of great events going on in Town and he encouraged citizens to attend the events with their families. The following items are Mayor Massengill’s past and future events: Past Events 3/29 – Pine Springs School Opening 3/31 – Ride with Sanitation Crew 3/31 – Mayor Chat Filming 4/2 – High School Tree Planting Upcoming Events 4/5 – High School Garden Club 4/9 – Arbor Day Celebration 4/12 – FVDA Board Meeting 4/13 – Chamber Board Meeting 4/18 – Wake County Mayor’s Association Meeting CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege A motion was made to conduct a closed session meeting at 7:50 p.m. MOTION: Commissioner Gardner SECOND: Commissioner Watson MOTION RESULT: Passed Unanimously (5-0) RETURN TO OPEN SESSION____________ The Town Board returned to open session at 8:54 p.m. with nothing to report out of closed session. ADJOURNMENT A motion was made to adjourn the meeting at 8:54 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Watson MOTION RESULT: Passed Unanimously (5-0) The minutes from the April 4, 2022, Town Board of Commissioners regularly scheduled meeting are adopted this 19th day of April 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