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Board of Commissioners

Regular Meeting

Fuquay-Varina, NC · October 3, 2022

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Minutes

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting October 3, 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, October 3, 2022, at Bryan Haynes, Commissioner Adam G. Mitchell, Town Manager 7:00 p.m. was held at the Fuquay-Varina Town Hall, Mark D. Matthews, Assistant Town Manager 134 N Main Street, Fuquay-Varina, NC. James (Jim) E. Seymour, Assistant Town Manager 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) Cook, and Bryan Haynes. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Deputy Town Clerk Teresa Wilder, Town Attorney James Adcock (remotely), and IT Director Scott Clark. CALL TO ORDER Mayor Massengill called the meeting to order at 7:00 pm. INVOCATION AND PLEDGE Commissioner Tracy Cook provided the invocation and Commissioner Bryan Haynes led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager Adam Mitchell reviewed the meeting protocol noting that the meeting was both in- person and live streamed on the Town’s YouTube Channel and Facebook. APPROVAL OF MINUTES 3A The September 6, 2022, minutes of the Town Board of Commissioners regularly scheduled meeting. MOTION: Mayor-Pro-Tem Smith SECOND: Commissioner Cook MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Statewide Athletics Commission (SWAC) State Champions - All-Star Softball 8U Girls Purpose – To recognize the Statewide Athletics Commissioner (SWAC) State Champion All-Star Softball Girls 8U team. Staff Comments – Marketing and Special Events Coordinator Trey Baggett 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 8U Girls All-Star Softball State Champions participated in the 2022 SWAC State Tournament in Tarboro, NC and went undefeated. The team was coached by Amber Williams, with assistant coaches Alisha Copeland, Jerry and Lynne Diehl, and Terence Stokes. Mayor Massengill congratulated them on winning the State Championship and he thanked them for representing Fuquay-Varina well. He presented them with a plaque for the State Tournament Girls 8U Softball 2022 Champions and expressed how proud everyone is of their accomplishments. 4B Statewide Athletics Commissioner (SWAC) State Champions - All-Star Baseball 8U Boys Purpose – To recognize the Statewide Athletics Commission (SWAC) State Champions All-Star Baseball Boys 8U team. Staff Comments – Marketing and Special Events Coordinator Trey Baggett 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 8U Boys All-star Softball State Champions participated in the 2022 SWAC State Tournament in Nash County, NC on July 15 – 17, 2022. The team was coached by Jason Tumbiolo, with assistant coaches Jeff Szure, Matthew Guthrie, and Andrew MacNair. Mayor Massengill congratulated the 8U Boys Softball Team on winning the State Championship and he stated that they represented Fuquay-Varina very well. He presented them with a plaque for the State Tournament Boys 8U Softball 2022 Champions and stated that everyone is proud of their accomplishments. 4C Recognition - Fire Department Staff Purpose – To recognize a recent Fire Department officer promotion and to recognize staff involved with the Cardiac Arrest Saves program in 2021. Staff Comments – Deputy Fire Chief Jim Jones 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. Promotion: After an extensive promotion process for a vacant Fire Lieutenant’s position, Daniel Falcon was promoted to Fire Lieutenant from Fire Engineer earlier this summer. Daniel’s new position puts him in charge of a crew of three firefighters on one of the town's ladder trucks. Daniel joined the department as a volunteer in 2008 and became a career firefighter in 2011. Daniel has worked hard to get to this point in his career and will be an excellent fire officer in his new position. Cardiac Arrest Saves: Since 2007, Wake County EMS has compiled cardiac arrest results from the previous year in Wake County. Prior to 2020, the responders directly involved with resuscitating a patient from cardiac arrest and discharged from the hospital, were recognized at a ceremony in Raleigh. Due to on- going COVID concerns at the time, the ceremony planned for earlier this summer to honor the 2021 Cardiac Arrest Saves was cancelled. In 2021, the excellent teamwork exhibited by Fire, EMS, and Law Enforcement personnel in Wake County produced 113 cardiac arrest survivors. In Fuquay-Varina, 9 Firefighters were directly involved in resuscitating 4 survivors in the field. This was only possible because of timely response, excellent CPR training, and the proper use of semi-automatic defibrillators carried on all fire apparatus. The 9 Firefighters involved with cardiac arrest saves in 2021 are: • Firefighter Lerado Anderson • Firefighter Aaron Andrews • Engineer Michael Altier • Engineer Brandon Bradley • Engineer Brandon Childress • Captain Jerry Crocker • Firefighter Jacob Fields • Battalion Chief Dustin Grimes • Lieutenant Shawn Tripp Mayor Massengill congratulated Lieutenant Daniel Falco on his promotion. He thanked all the firefighters in attendance for what they have done in the community and being part of saving 113 people in Wake County who suffered from a cardiac arrest. 4D Recognition - Nicole Stevens - NC Finance Officer Certification Purpose – To recognize Nicole Stevens for successfully passing the NC Finance Officer Certification exams. Staff Comments – Finance Director JoAnne Crabtree 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 North Carolina Government Finance Officers Association sponsors the NC Finance Officers' Certification Program. This program is designed to enhance the public finance profession in North Carolina. To be eligible for certification, an individual must be a finance officer of a local government or an individual that holds a supervisory or professional position in a local government for a minimum of 2 years. In addition, the program requires that at least four of the following programs are completed: Introduction to Local Government Finance Governmental Accounting and Financial Reporting Budgeting and Financial Planning (two courses but counted collectively as one requirement) Budgeting in Local Government Capital Financing in Local Government Cash Management and Investment of Public Funds Fundamental Supervisory Practices There are four exams that must be successfully completed (i.e., pass with a grade of 70% or higher). The four exams are as follows: Governmental Accounting and Financial Reporting Cash Management and Investment of Public Funds Budgeting and Capital Finance Financial and Supervisory Management (tied to Fundamental Supervisory Practices) Nicole Stevens has successfully completed all the above requirements and will receive recognition and her certification at the NC Finance Officer Conference in March of 2023. Obtaining this certification is quite an accomplishment and held only by approximately 156 people statewide. Mayor Massengill congratulated Assistant Finance Director Nicole Stevens on her accomplishments, and he thanked her for taking the time to obtain her certification. Town Manager Mitchell stated he had the pleasure of promoting Nicole to Assistant Finance Director several years ago and she has been very instrumental to the success of the department. He stated that during the last year the Finance Department has had some challenges with turnover and staff out for personal reasonas that Nicole did a phenomenal job of keeping the department and the Town’s business operations moving forward. He stated that he appreciates the time and the effort that she gives to the organization. 4E Employee Introductions and Certificate of Achievement for Excellence in Financial Reporting Purpose – To introduce new employees in the Finance Department and recognize Finance staff for receiving the Certificate of Achievement for Excellence in Financial Reporting. Staff Comments – Finance Director JoAnne Crabtree 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. Over the last several years the Finance Department has experienced changes due to retirements, addition of new positions and roles, and normal turnover. During these changes, the Finance Department has continued to provide outstanding service to customers while adapting to the challenges of COVID protocols, new software implementation, a new drive thru location and individual personal health journeys that have affected Finance Department staff. Through these challenges, each member of the finance department staff has gone above and beyond to ensure core services were delivered to customers at a high level, consistent with the Finance Department's Departmental Strategic Plan. INTRODUCTIONS: Recent New Hires: Morgan Thomas - Customer Service Representative Morgan Whitaker - Payroll Specialist Wendy Brown - Accounts Payable Specialist New position FY 21-22: Katie Lumb - Budget and Fiscal Strategy Manager Long-Term Employees: Nicole Stevens - Assistant Finance Director Although supported through the Utility Fund, the Billing and Collections staff are also a function of the Finance Department: Marcia Cunningham - Utility Billing and Customer Service Supervisor Denise Oakley - Utility Billing Specialist Lynn Ward-Moore - Customer Service Representative Maxine McLamb - Customer Service Representative Bo Smith - Lead Meter Technician Nathan Phipps - Meter Technician Additional position FY 22-23: A new position of a Purchasing and Contract Manager will be filled in the coming months. The Finance Department was recently awarded by GFOA the Certificate of Excellence in Financial Reporting for the 2021 Annual Comprehensive Financial Report. Each member of the Finance Department is an integral part of receiving this award and it could not have been accomplished without their diligence in daily operations. The mission of the Finance Department goes beyond receiving an award, it includes service to the community. The Code of Ethics of Governmental Finance personnel pledges to serve its citizens with Integrity, Honesty, Transparency, Diversity, Inclusion, Reliability and Consistency. These individuals strive daily to improve service to the community with the standards mentioned above. Mayor Massengill thanked everyone for their hard work and what they do each day for the Town of Fuquay-Varina. 4F Recognition - Captain Tim Smith Purpose – To recognize Captain Tim Smith for service as Interim Police Chief. Staff Comments – Police Chief Brandon Medina 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. Captain Tim Smith served honorably as the Fuquay-Varina Police Department’s Interim Chief of Police from January 30, 2022, through April 10, 2022 following the previous chief’s retirement. Captain Tim Smith’s temporary appointment was made based on his attention to detail, work ethic, his 22-year tenure as an experienced law enforcement administrator, and his proven track record to oversee the day-to-day operations and welfare of the department staff until the appointment of a permanent chief of police. In January 2000, Captain Smith began his law enforcement career with the Angier Police Department and transitioned to the Fuquay-Varina Police Department in October 2000. During his tenure, Captain Smith served as a Patrol Services Sergeant, a Special Operations Lieutenant, as the primary Internal Affairs Investigator, a Patrol Services Lieutenant and most recently as a Captain overseeing the Patrol Services Division. Captain Smith has a long history serving with the agency’s Special Response Team. First as a team leader from May 2011 through September 2022, and as the Commander from September 2020 through July 2021. Captain Smith possesses an associate degree in Criminal Justice from Stanly Community College and a bachelor’s degree in Criminal Justice from Ashworth College. Captain Smith is a graduate of NC State University’s 87th Administrative Officers Management Program, of NC State University’s 2015-2016 Law Enforcement Executive Program, and the University of North Carolina at Chapel Hill’s School of Government FELLOWS Program. Captain Smith has also completed other leadership courses to include the Credible Leadership series from Wake Technical Community College, the Law Enforcement Leadership Certificate Program from Blue Ridge Community College and is currently enrolled in the 12-month long Leadership Fuquay-Varina Program. Captain Smith is a general instructor and Specialized Instructor in various topics. Police Chief Medina thanked Captain Tim Smith for serving honorably as the Fuquay-Varina Police Department’s Interim Chief of Police while managing the day-to-day operations and ensuring the welfare of the department staff from January 30, 2022, through April 10, 2022. Mayor Massengill thanked Captain Tim Smith for his service and during the interim chief period. He stated that he continues to be a strong peer with the department, and he thanked him again for all that he does for the Police Department. Town Manager Mitchell stated that when former Police Chief Laura Fahnestock announced her retirement, as requested, Captain Smith stepped up and took the responsibility of Interim Police Chief. He reported that Captain Smith allowed the Police Department to continue advancing while maneuvering through the police chief search. Town Manager Mitchell expressed his appreciation to Captain Smith for serving in that capacity during that time. 4G Recognition - Advanced Law Enforcement Certificate - Sergeant James Hilton Jr. Purpose – To recognize Sergeant James Hilton Jr. for recently earning the North Carolina Criminal Justice Education and Training Standards Commission Advanced Law Enforcement Certificate. Staff Comments – Police Chief Brandon Medina 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. Sergeant James Hilton Jr. is being recognized for recently earning the North Carolina Criminal Justice Education and Training Standards Commission Advanced Law Enforcement Certificate. To qualify for the Advanced Law Enforcement Certificate, the recipient must have obtained various levels of job-related training, and/or a combination of secondary school degrees. Sergeant James Hilton Jr. started his law enforcement career with the Franklin County Sheriff's Office in March 2014. In May 2019, he transferred to the Fuquay-Varina Police Department. During his tenure with the Fuquay-Varina Police Department, Sergeant Hilton has served in the Patrol Division and is currently serving as Patrol Sergeant supervising a staff of five employees. Police Chief Medina and Mayor Massengill congratulated Sergeant James Hilton Jr. on earning the North Carolina Criminal Justice Education and Training Standards Commission Advanced Law Enforcement Certificate. 4H Recognition - Newly Promoted Police Supervisors (Police Sergeants) Purpose – To recognize newly promoted police supervisors (Police Sergeants). Staff Comments – Police Chief Medina 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 of Fuquay-Varina continues to increase in population based on residential and commercial development, the Fuquay-Varina Police Department is dedicated in ensuring the officer-to-citizen ratio stays current. Increase of police personnel also requires proper span of control regarding the supervisor-to-employee ratio. The following new police supervisors (Police Sergeants), are being recognized as the newest members of the department's supervision team: Sergeant Megan Doxie Sergeant James A Hilton, Jr. Sergeant Joshua Starkey Sergeant Phillip Wallinger Sergeant Chad Williford Mayor Massengill thanked each of them for staying in Fuquay-Varina and continuing to grow in their careers. PUBLIC COMMENTS 5A No one chose to speak during public comments. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the October 3, 2022 Town Board meeting. PUBLIC HEARINGS 7A Zoning Map Amendment - Lock7 Development - 614 Old Honeycutt Road - PIN 0666688927 - REZ-2021-06 Purpose – To consider a requested zoning map amendment for a total of 17.50 acres, located at 614 Old Honeycutt Road, from the Residential Agricultural (RA) Zoning District to the Commercial Mixed-Use (CMU) Zoning District. 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 information about the agenda item by making the following remarks. The property totals 17.50 acres and is currently in the Town's extraterritorial jurisdiction (ETJ). The property is subject to annexation; however, an annexation petition has not been submitted. The property is vacant and generally forested with some cleared areas. The property is currently zoned Residential Agricultural (RA) Zoning District. The zoning map amendment petition requests approval of the Commercial Mixed-Use (CMU) Zoning District. This zoning district is intended to permit primarily commercial office uses, including general retail, restaurants, and professional office, with residential uses, including a mixture of housing types and residential densities, surrounding a commercial center. The CMU form-based zoning district requires a master plan with zoning approval. The master plan is included herein. The petitioner has requested that the following uses shall be strictly prohibited on this property: Funeral Home Bed & Breakfast / Inn Small Wireless Facilities Single Family Home Ground Level Multi-Family & Townhouse Accessory Apartment Live / Work Unit The petitioner has requested the following voluntary conditions be made applicable to the subject property: 1. The Development will consist of vertical mixed-use buildings and non-residential and commercial uses. 2. Vinyl siding is not permitted; however, vinyl windows, decorative elements, and trim are permitted. 3. A mix of architectural shingles and flat roof material will be utilized on all buildings with metal accent roofing. 4. The retail and ground level of the vertical mixed-use design will have arcaded storefronts, awnings and/or canopies and consistency will be accomplished through materiality (e.g., masonry, brick, manufactured/cultured stone, smooth-face concrete, metal siding, cementitious paneling, siding, trim). 5. Accessory buildings such as garages will have similar architectural materials as vertical mixed-use buildings. 6. A minimum 6' tall privacy fence shall be installed in the landscape buffer, consisting of all evergreen plantings adjacent to the existing single-family lots. The fence design and the material will be selected at a later stage with the approval of Town staff. 7. Detailed landscaping of the plaza/civic areas will show street furniture, bike racks, and trash / recycle receptacles. 8. Art features and monumental signage at key locations will be incorporated into the design to help identify the project. The master plan is characterized by vertically mixed-use buildings, commercial, and civic areas. It provides a flexible design that considers the integration of uses, connectivity, character, transportation options, and preservation of natural features. To comply with the zoning map amendment petition requirements, the required master plan (document and related maps) shall identify permitted uses, arrangement of uses, open space, thoroughfare network, utilities, pedestrian network, architectural design and standards, building layout, and landscaping. The master plan shall also adhere to all other standards provided by Article Q and Appendix B of the Land Development Ordinance (LDO). The CMU Zoning District has a 50' maximum non-residential building height and a 50% minimum non-residential allocation requirement with a minimum of 15 acres devoted to non-residential uses. Due to the size of the buildable area of the property and the requirements of the CMU Zoning District, the proposed master plan is comprised of 100% non-residential first floor uses in the form of vertical mixed-use buildings with non-residential on the first floor and residential above, stand-alone commercial buildings, and civic space. The maximum allowed density for the CMU Zoning District is ten (10) dwelling units/acre, but vertical mixed-use buildings containing residential dwelling units above non-residential uses on the first floor do not count towards the maximum density calculations. The master plan proposes a façade treatment that shall be of an urban sense of style with arcaded storefronts with varying depths and retail signage in an assortment of materials, textures, and colors. A consistent architectural theme and color palette will be carried throughout the development to tie the buildings together. All stand-alone buildings shall be designed and coordinated to carry the same architectural style and color palette for all the buildings to blend harmoniously within the community. Outward-facing building facades along Old Honeycutt Road and Purfoy Road will have a similar level of design as the interior-facing building facades in terms of colors and materials, as well as glazing and doors to provide duplicate frontages. A Unified Design Document, as approved with the first site plan for this development, and any subsequent revisions approved as otherwise allowed by the LDO, shall become part of the adopted Master Plan upon approval. The master plan proposes a loop of private neighborhood streets that lead to Old Honeycutt Road and Purfoy Road. Due to the stream bordering the western property line and the existing subdivision south, no stub streets for future connections are proposed. The proposed form-based street sections will be private right-of-ways built to public road standards. The street sections will be modified to include traditional angled parking instead of reverse angled parking for the CS-90- 60 street sections. Additional parking lots are located behind the proposed buildings. Based on the findings of a shared parking analysis conducted as part of the master plan process, the expected peak periods for ground floor retail usage are anticipated to be between 8:00 AM and 5:00 PM on weekdays and weekends. If parking needs for the retail uses conflict with residential uses in the northeast corner of the site, a portion of those spaces could be signed as short-term (two (2) or three (3)-hour limits) between the hours of 8:00 AM and 5:00 PM. If determined to be warranted after seeing the demands, this would only be marked on the spaces directly adjacent to the ground floor retail uses and regulated privately. Civic space is a green space dedicated to community use and can take many forms for active and passive recreation. The master plan proposes 1.23 acres of civic space, providing over the minimum five percent (5%) of civic space required for the CMU Zoning District. All residential uses shall have pedestrian access to commercial uses and civic spaces with 1,320 feet measured along sidewalks and paths. A square, park, or plaza shall create a discernible center in development. The central plaza is proposed to be 0.95 acres and shall include an amphitheater, pavilion, outdoor dining area, walking paths, and green spaces. The amphitheater will host community events and create a focal point with outdoor dining opportunities both adjacent to the proposed buildings and within the civic space. Pedestrian sidewalks surround the area, with paths crossing the area. Additionally, a greenway trail is proposed to run north to south along the western portion of the site. This greenway trail is identified in the Town's 2035 Community Transportation Plan (CTP). The surrounding properties are generally a mix of residential, office, and civic uses with some forested and cleared areas. Sunset Forest subdivision is directly to the south, and the Sexton Place and Lakestone Village subdivisions lie northeast. To the north and northwest are offices and civic uses, including the Fuquay-Varina Police Department. The Wake County Southern Regional Center and the Fuquay-Varina Community Library are to the southwest. Cleared agricultural land is located to the east and southeast. The 2040 Community Vision Land Use Plan (LUP) calls for the Community Activity Center (CAC) classification at the subject property. This classification is defined as land offering the opportunity to serve the community's broader economic, entertainment, and housing needs. Residential units or office space may be found above storefronts. Homes in and surrounding the center of development may offer several choices to live and experience the activity center. The compact, walkable environment and mix of residential and non-residential uses in the center support multiple modes of transportation. Residential uses in a Community Activity Center (CAC) are secondary to commercial uses and open space (combined) in terms of development size, scale, footprint, and intensity. Therefore, the requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan. Public water and sewer are available to serve the subject property. The subject property is located at the southwest corner of Old Honeycutt Road and Purfoy Road. Old Honeycutt Road is classified by the Town's 2035 Community Transportation Plan (CTP) as an 80-foot right-of-way and identified as a three (3)-lane, median divided road with turn lanes and sidepaths and a future carrying capacity of 10,800 ADT. Old Honeycutt Road is currently a two (2)-lane roadway with a current carrying capacity of 9,500 ADT. 2015 traffic counts in front of the property indicate an ADT of 6,100. Newer traffic counts for Old Honeycutt Road are currently unavailable. Purfoy Road is classified by the Town's 2035 CTP as a 110-foot right-of-way and identified as a four (4)-lane, median divided road with sidepaths and a future carrying capacity of 36,600 ADT. Purfoy Road is currently a three (3)-lane, median divided road with turn lanes and a current carrying capacity of 12,400 ADT. 2019 traffic counts in front of the property indicate an ADT of 12,000. Newer traffic counts for Purfoy Road are currently unavailable. CTP required frontage improvements along Old Honeycutt Road and Purfoy Road are demonstrated on the master plan. The petitioner virtually held a neighborhood meeting on August 2, 2022, via the Zoom web application. The meeting report is attached, and staff takes no position regarding its content. Management and staff recommend approval of the proposed zoning map amendment. It is consistent with the 2040 Community Vision Land Use Plan and is reasonable and in the best interest of the public for the following reasons: 1. The master plan included with the petition fulfills the intent of the 2040 Community Vision Land Use Plan by establishing a viable, non-residential development and creating the opportunity for non-residential uses to serve residents in a walkable environment. 2. Transitions are proposed between existing and future development, with higher intensity uses located along major thoroughfares and lower intensity uses located adjacent to existing development to improve compatibility. 3. An appropriate internal transportation network is provided throughout the entire development. There are access points for multiple means of ingress and egress to the subject property and an adequate network of internal streets, sidewalks, and greenway trails that connect each area within the proposed master plan, to adequately carry anticipated traffic and provide reasonable vehicular and pedestrian traffic accommodations. 4. The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan designation of the Community Activity Center and would allow for the proposed uses. 5. The proposed master plan supports the 2040 Community Vision Land Use Policy 1.6: Include Entertainment & Leisure Components in Form-Based Land Use Categories; Policy 2.1 Encourage Infill Development & Redevelopment Inside Town Limits; Policy 2.2 Concentrate Development in Mixed-Use Centers; and Policy 5.2 Improve Multi-Modal Connectivity Throughout the Town. At the September 19, 2022, regular meeting, the Planning Board unanimously voted to recommend approval. Public Hearing – The public hearing was opened. Jim Chandler with the Timmons Group, 1314 Trinity Road, Raleigh, NC spoke in favor to the zoning map amendment. David Gorman, 2201 Wisconsin Avenue, Washington, DC spoke in favor to the zoning map amendment. Sierra Royster, 1329 E. Sone Arch Drive, spoke in opposition to the zoning map amendment. She had some concerns regarding the wildlife being pushed out of their habitat. She also had concerns regarding the traffic, noise and the proposed fence between the development and adjacent subdivision. Liz Robertson, 1425 E. Stone Arch Drive spoke in opposition and expressed concerns about traffic that might spill over to her subdivision and the materials that will be used for the barrier that will be on the back of her property. She also questioned the greenway trail and what that was going to look like in addition to vehicle access to the new development. The public hearing was closed. Discussion – Commissioner Harris asked if the exit onto Purfoy Road and Old Honeycutt would only be able to make a right turn. Planning Director Davison stated “yes”, that the ingress/egress points of the development will be a right in and right out only. Mayor Massengill asked Planning Director Davison to speak regarding the concerns raised by the two citizens that spoke in opposition. Planning Director Davison stated that there will be no stub street connection directly to the adjacent subdivision. She reported that parking is not prohibited in town subdivisions unless specifically stated in the Town Code of Ordinances. She stated that form base development does not have requirements for parking, and a parking study was performed. She stated that she believes there will be adequate parking. She reported that the greenway trail runs north to south and does not connect to Stone Arch Drive. She stated as it related to fences, there will be a 20’ type B buffer required on the southern property boundary. This means that there will be a tree every 30 feet and a shrub every 8 feet. The developer has also offered a privacy fence and that the vegetation will be on the outside of the fence. She explained that as it relates to stormwater runoff, they will have to do a study that will say what the current runoff is and provided stormwater retention and detention to make sure that the volume of runoff does not increase post development. Commissioner Cook asked how many people the amphitheater will seat. Planning Director Davison stated that it is more of an outdoor plaza area. Mayor Massengill stated that this is the first project like this in Fuquay-Varina and it brings some exciting opportunities. He reported that the Town has ordinances that require guidelines that must be met. He stated that this is an exciting new project in Fuquay-Varina. Mayor Pro-Tem Smith wanted clarification that there will be no left turns into or out of the property. Planning Director Davison stated that was correct. Town Manager Mitchell stated that the developer has been working with staff for quite some time on the proposal that meets the intent and vision of the town and Town Board. He reported that when this project started it was being recommended as high density residential only. He stated that with this being a corner lot at a visible intersection, it did not meet the long-term vision of the community. He thanked the developer and their consultant for taking the time to work with staff and understand the Town Board and community’s vision for the property. Commissioner Cook asked about level of noise that would come from the amphitheater to the neighborhood nearby. Town Manager Mitchell stated that it will be more like a common space than an amphitheater. Commissioner Harris stated that he has some concerns regarding the traffic on Purfoy Road and Old Honeycutt Road. Engineering Director Matt Poling stated this is a master plan and in the next phase the developer will be required to do a traffic impact analysis. Town Manager Mitchell asked Engineering Director Matt Poling to speak regarding the future cross sections of Old Honeycutt Road and Purfoy Road. Engineering Director Matt Poling stated that in the future Old Honeycutt Road will be widened. He reported that Old Honeycutt will be three lane median divided with side paths and Purfoy Road will be four lane median divided with side paths. Recommendation – Approve REZ-2021-06, a zoning map amendment at 614 Old Honeycutt Road, from the Residential Agricultural (RA) Zoning District to the Commercial Mixed-Use (CMU) Zoning District. The proposed zoning map amendment is consistent with the 2040 Community Vision Land Use Plan and is reasonable and in the public's best interest for the reasons identified by management and staff. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8A. Budget Amendment BA-23-14 - Project Ordinance Amendment POA-23-04 - Contract Award - Parks, Recreation, and Cultural Resources - Action Park Tennis Courts Purpose – To consider a contract award, project ordinance amendment, and budget amendment for the Action Park Tennis Courts Project. Recommendation – Approve BA 23-14, POA 23-04, and award the construction of the Action Park Tennis Courts Project to North State Resurfacing in the amount of $242,500, as presented and recommended, and authorize the Town Manager to execute a contract with North State Resurfacing, subject to Town Attorney review as to form. Ordinance No. N-22-30 8B. Budget Amendment - Recognizing Insurance Proceeds - Public Buildings - Town Hall Garage Ceiling - BA-23-15 - $1,097 Purpose – To consider a budget amendment that recognizes insurance proceeds in the amount of $1,097 for repairs to the Town Hall garage ceiling. Recommendation – Approve Budget Amendment BA-23-15 as presented and recommended. 8C Budget Amendment - Parks, Recreation, and Cultural Resources - Alston Ridge Greenway Survey - BA-23-16 - $8,974 Purpose – To consider approval of a budget amendment in the amount of $8,974 for additional survey work required for design along the future Alston Ridge Greenway. Recommendation – Approve Budget Amendment BA-23-16 as presented and recommended. 8D Budget Amendment BA-23-17 - Contract Award - Engineering – Burton Street Drainage Improvements Purpose – To consider a budget amendment to appropriate Powell Bill Fund Balance, to fund storm drainage improvements on Burton Street, and to consider the award of a construction contract to Pacos Construction, Inc. for $91,100. Recommendation – Approve Budget Amendment BA-23-17 as presented and recommended and award a contract to Pacos Construction, Inc. for construction of the Burton Street Drainage Improvement Project for $91,100 and authorize the Town Manager to execute the contract on behalf of the Town, subject to the Town Attorney's review as to form. 8E Budget Amendment - Recognize Insurance Proceeds - Police Department - Vehicle Repairs - $6,623 - BA-23-18 Purpose – To consider a budget amendment that recognizes insurance proceeds/restitution for repairs to Fuquay-Varina Police Department for Vehicle Unit # 223, totaling $6,623. Recommendation – Approve Budget Amendment BA-23-18 as presented and recommended. 8F Special Event and Amplified Sound Permit Request - Hiester Cares Foundation - Hiester Cares Foundation 5k Race/Walk to Prevent - October 22, 2022 Purpose – To consider a special event permit and amplified sound permit request for the Hiester Cares Foundation's 5K Race/Walk to Prevent event scheduled for Saturday, October 22, 2022. Recommendation – Approve a special event and amplified sound permit request for the Hiester Cares Foundation's 5K Race/Walk to Prevent event scheduled for Saturday, October 22, 2022 as presented and recommended. 8G Facade Grant Funding Request - 111 S. Fuquay Avenue Purpose – To consider approval of a façade grant funding request for the business property located at 111 S. Fuquay Avenue. Recommendation – Approve the façade grant funding request and application submitted by located at 111 S. Fuquay Avenue in an amount up to $1.912.00 as presented and recommended. 8H Roadway Fee In-Lieu - Langworthy Dental Office Purpose – To consider approval of a fee-in-lieu for roadway improvements related to the Langworthy Dental Office project in the amount of $82,467.19. Recommendation – Approve a total of $82,467.19 as payment for a fee-in-lieu for roadway improvements associated with the Langworthy Dental Office project as presented and recommended. 8I Utility Agreement Allocation Request - Kensley Grove Subdivision - 72 Lots Purpose – To consider a Utility Agreement Allocation Request for the Kensley Grove Subdivision - 72 Lots, 19,440 gpd water and 16,200 gpd sewer. Recommendation – Approve the recommended utility allocation request for Kensley Grove Subdivision - 72 Lots, as presented and recommended. 8J Recreation Unit Fee-In-Lieu - Kensley Grove Subdivision - SUB-PR-2022-02 Purpose – To consider approving a Recreation Unit Fee-In-Lieu for the Kensley Grove subdivision - SUB-PR-2022-02. Recommendation – Approve the Recreation Unit Fee-In-Lieu request for Kensley Grove subdivision in the amount of $179,905.94 as presented and recommended. 8K 2023 Town Board Meeting Schedule Purpose – To consider setting the Town Board's regular meeting schedule for the 2023 calendar year. Recommendation – Adopt the 2023 Town Board Regular Meeting Schedule as presented and recommended. 8L Budget Amendment - Insurance Proceeds - Fire Department - Unit #109 - $4,565 - BA-23-19 Purpose – To consider a budget amendment that recognizes insurance proceeds/restitution for repairs to Fuquay-Varina Fire Department Vehicle Unit 109, a 2021 Spartan Ladder Truck. Recommendation – Approve budget amendment BA-23-19 as presented and recommended. 8M Herbert Akins Road School Zone Update and Herbert Akins Road Speed Limit Reduction Purpose – To consider concurrence with an NCDOT Ordinance creating a 25 mph School Zone for Herbert Akins Road Elementary and Middle Schools on Herbert Akins Road, and to reduce the current 45 mph speed limit on Herbert Akins Road to 35mph. Recommendation – Concur with an NCDOT Ordinance creating a 25 mph School Zone for Herbert Akins Road Elementary and Middle Schools on Herbert Akins Road and to reduce the current 45 mph speed limit on Herbert Akins Road to 35mph. Ordinance No. M-22-03 8N Resolution - Special Inspections Services Statute Exemption - Fire Station #4 Project Purpose – To consider adoption of a resolution that provides written exemption from the provisions outlined in NC statute § 143-64.31 - Declaration of Public Policy. Recommendation – Adopt the resolution that provides written exemption from the provisions outlined in NC General Statute § 143-64.31 - Declaration of Public Policy. Resolution No. 22-1774 A motion was made to approve Consent Agenda items 8A-8N. 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 Contract Award - Falcon Park Dugouts - Vortex Construction Company, LLC - $72,030 Purpose – To consider a contract award for the Falcon Park Dugouts to Vortex Construction Company, LLC in the amount of $72,030. Staff Comments – Parks & Recreation Director Jonathan 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. The Parks, Recreation and Cultural Resources Department solicited informal bids for the Falcon Park Dugouts project and received a total of one bid from Vortex Construction Company, LLC in the amount of $72.030. As an informal bid, a minimum number of bids was not required for this project. This project's scope of work includes construction of new dugouts at Falcon Park, identical to the dugouts that were recently completed at Action Park field 3. Existing dugout removal will be performed by the Town. Town staff has been satisfied with Vortex Construction Company, LLC's quality of work on previous projects. Town staff recommends awarding the construction of Falcon Park Dugouts to Vortex Construction Company, LLC in the amount of $72,030 as presented and recommended and authorize the Town Manager to execute a contract with Vortex Construction Co., LLC in the amount of $72,030, subject to Town Attorney review as to form. The duration of the dugouts project is expected to take no more than 120 days and will begin as soon as the fall youth sports season concludes. The FY 2023 budget identifies funding for the construction of dugouts at Falcon Park. Project bids received are within the approved project budget of $115,000. The project budget also reflects completion of a scorekeeper box, which will be advanced as a separate contract upon completion of storm drain repairs in Falcon Park. Discussion – Mayor Massengill stated he remembers playing on this field as a child and thanked staff for bringing the project to the Town Board. Commissioner Haynes stated that he played T-ball at this field and seeing it being upgraded is amazing. Recommendation – Award the construction of the Falcon Park Dugouts to Vortex Construction Company, LLC in the amount of $72,030, as presented and recommended, and authorize the Town Manager to execute a contract with Vortex Construction Company, LLC, subject to Town Attorney review as to form. MOTION: Commissioner Haynes SECOND: Commissioner Cook MOTION RESULTS: Passed Unanimously (5-0) 10B Preliminary Subdivision Plat – Kensley Grove Subdivision - SUB-PR-2022-02 Purpose – To consider a preliminary subdivision plat submitted by Arnold Land Design for Kensley Grove located at 260 Bramblehill Drive and 0 Bevis Marks Drive. 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 information about the agenda item by making the following remarks. The submitted preliminary subdivision, Kensley Grove, is located 260 Bramblehill Drive and 0 Bevis Marks Drive, on 14.93 acres in the Residential High Density Conditional Zoning District (RHD-CZD) with the following conditions applicable to the use of subject property: The Town Board approve the request with the following conditions regarding the use of the subject property: Attached Townhomes The Town Board approve the request with the following conditions regarding site specific standards: 1. The extension of E Academy Street, from its existing terminus east of Bevis Marks / Bramblehill Drive 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). 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 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 Drive shall be entirely evergreen where required. 19. Driveway orientation for access to the buildings, and perimeter buffer landscaping shall be consistent throughout the development. The preliminary subdivision plat proposes a townhouse development with 72 lots. The minimum allowable lot width is 18 feet and the minimum lot width proposed is 20 feet. A minimum of 15% open space or 2.14 acres is required, 9.57 acres of open space is provided with 1 acre of open space available for active recreation, including a dog park, open grass play areas, and a greenway. Vehicular access to the project area is provided by two entrances off Bevis Marks Drive. Bevis Marks Drive is classified by the Town's 2035 Community Transportation Plan as a 60-foot right-of- way, 2-lane road with sidewalks. Bevis Marks Drive is currently a 60-foot right of way, two-lane road with sidewalks on both sides. As both streets are Town streets, there is no traffic data available. As part of this development, East Academy Street will be extended across the northern boundary of the Kensley Grove subdivision, connecting the existing road stubs at the Adalyn Place and Sunset Forest subdivisions. Also as required by the Community Transportation Plan, the Kensley Grove subdivision will be constructing and dedicating a public greenway across the development. Public water and sewer services are available to this property. The proposed preliminary subdivision plat meets all Town requirements, as such, management and staff recommend approval. At the September 19, 2022 regular meeting, the Planning Board voted unanimously to recommend approval. Discussion – Mayor Massengill asked if the developer has accounted for adequate stormwater on the project. Planning Director Davison stated that when Adalyn Place was built it was sized appropriately to handle this development. Recommendation – Approve the Kensley Grove Subdivision preliminary subdivision plat, SUB-PR- 2022-02, located at 260 Bramblehill Drive and 0 Bevis Marks Drive as presented and recommended. MOTION: Commissioner Gardner SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed Unanimously 5-0) 10C Planning Study Transit Services Update - Toole Design Group, LLC - Consultant Selection and Project Status Update Purpose – To approve an agreement with GoTriangle to accept grant funding and approve an agreement with Toole Design Group, LLC to perform a transit study as presented and recommended. 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 information about the agenda item by making the following remarks. In January of 2022, the Town's Planning Department applied for the Capital Area Metropolitan Planning Organization's (CAMPO) Community Funding Area Program (CFAP) grant to study the possibility of adding a bus circulator or express bus route to the Town's transportation system. The CFAP grant is intended to provide municipalities with funds to study, implement, and maintain transit projects. In July 2022, CAMPO awarded the Town $50,000 to study a bus circulator route. The Planning Department budgeted an additional $50,000 in the FY23 budget as the 50% match required to participate in the CFAP program. Upon receiving notice that the grant was awarded, the Planning Department issued a Request for Qualifications. Four (4) qualified design firms responded, and after a thorough review, Town staff selected Toole Design Group, LLC to provide the study services. Provided are two (2) agreements. The first is an agreement with GoTriangle, CAMPO's fiduciary representative, to accept the $50,000 grant funding, and the second is an agreement with Toole Design Group, LLC, to perform transit study services on behalf of the Town. Upon Town Board approval, Planning Department staff will proceed with the project kick-off in early to mid-October, with project completion slated for early 2023. Management and staff recommend the two contract agreements, as reviewed by the Town Attorney, for approval. The FY 2023 budget includes $100,000 in funding to cover consultant services for the project. $50,000 of this funding will be in the form of a grant from the Capital Funding Area Program administered by the Capital Area Metropolitan Planning Organization (CAMPO), awarded July 2022. Discussion – Mayor Massengill thanked staff for finding this grant and moving this project forward. Recommendation – Approve the agreement with GoTriangle to accept grant funding as awarded and approve the agreement with Toole Design Group, LLC to perform a transit study as presented and recommended. MOTION: Commissioner Gardner SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Manager’s Report Town Manager Mitchell gave a brief report on Hurricane Ian, stating that the Town had several power outages. He recognized Public Works, Public Utilities, Fire, Police, and Parks and Recreation maintenance staff and stated that they did a fantastic job responding to the events of the day and aftermath. He stated that the Town does not control the power outages, but they did stay in continual contact with partners at Duke Energy trying to identify where the greatest need was. The Town didn’t really see any localized flooding although it was anticipated. He reported that Celebrate Fuquay-Varina was cancelled due to weather, but the Thursday night concert did happen with Chairman of the Board and the community enjoyed it even with the lower temperatures. He stated that Parks and Recreation is looking into how the Town might utilize some of the resources planned for Saturday for some other events later in the year. Town Manager Mitchell stated that the Fire Department groundbreaking event for Fire Station #4 was great event and well attended. Hopefully it will be built by this time next year and the Town will have a ribbon cutting ceremony. He thanked the Town Board for affording management the opportunity to attend the International City and County Managers Conference. He reported that management attended general sessions about leadership, diverse and inclusive culture, flexible workplaces policies, work life balance, budget decisions, creating signature gateways, and downtown redevelopment. It was an excellent networking event with managers from across the country. He recognized Assistant Town Manager Mark Matthews for participating on the conference planning committee as a representative not only for Fuquay-Varina but for the North Carolina City and County Managers Association. He also facilitated a roundtable session on Contemporary Communication Tools where Fuquay-Varina was highlighted for our efforts on educational videos, our State of the Town video and how the Town is doing innovative things that other communities across the country are not doing. He reported that Communication Director Susan Weis attended the 3CMA Communication Conference and the Town of Fuquay-Varina was nationally recognized for the Dashmore 2021 State of the Town video and Rainbow Over Fuquay-Varina static picture on social media. He also stated that new hire, Alex Baumann, will be starting on October 10, 2022, in the Communication Department. Human Resources Department – The Human Resources Department is staying busy with new hires and is in the process of annual performance evaluations. They will also be hosting a flu shot clinic for employees in addition to working with the consultant for the next market comparison analysis. They are also staying busy with in-house training for employees. Police Department - The Police Department is doing more foot patrol, making sure downtown businesses, in particular, know that the Town supports them and are checking on their businesses at night. Also, the police department is in support of the One Mind Campaign that is designed to enhance law enforcement engagement with people in crises and/or with mental health issues or disorders. Once 80% of police department staff are certified in Mental Health First Aide the Town will be the 18th agency in the state of North Carolina to have implemented support of this campaign. Fire Department – The Fire Department Open House is October 15, 2022. It is also Fire Prevention month. Fire crews will be in elementary schools and daycares pretty much daily over the next month teaching children about fire safety. Engineering Department – The Engineering Department has hired Derek Wells as a new Engineering Inspector. Downtown Association – The Downtown Association, collaboratively with the Town, has received a grant from Duke Energy for three charging stations to be installed free of cost to the Town in the Vance Street parking lot. If a citizen wants to charge their electric vehicle all they will have to do is swipe their credit card. The Downtown Generational Plan RFQ process is underway. There are a total of 7 submissions for the interest in doing this plan for the town. The plan will be to bring back a recommendation to the Town Board on October 18, 2022. Town Manager Mitchell reported that the water capacity expansion project is advancing and there have been several important meetings over the last month and half. The Town hosted one of the meetings at the Public Service Center with managers, finance directors, and utility directors. He stated that costs are not looking favorable at this time for the project. He also stated that the Town is still in the process of an interbasin transfer certificate that will allow the Town to take the water out of the Cafe Fear River Basin and perhaps put it into the Neuse River Basin. This is a very lengthy process and will not have approval from the state until the fall of 2024. Parks and Recreation – The Parks and Recreation Department Master Plan for the Hilltop Needmore Town Park and Preserve is continuing to advance and looking to bring a recommendation back in December to the Town Board. The department is also getting ready to kick off the next round of the Comprehensive Systemwide Master Plan for all parks facilities with the goal of bringing to the Town Board in June for consideration. Town Manager Mitchell reported that the Town will host the 2022 SWAC Soccer Tournament next month at Fleming Loop Park November 11-13th. There will be 70 plus teams from the state participating in Fuquay- Varina. Town Manager Mitchell stated that he will be contacting Board members over the next several weeks to set a date for the 2023 Town Board Strategic Planning Retreat. 11B Project Status Report – October 2022 11C Coffee with a Cop - The Retreat - 2700 Whakatane Lane - Tuesday, October 4, 2022 - 9:00 am - 10:30 am 11D FM2FV Concert - Smile - Thursday October 6, 2022 - 6:30 pm - 9:30 pm - Centennial Park 11E Fuquay-Varina Fire Department - Open House - Saturday October 15, 2022 - 10:00 am - 3:00 pm 11F FM2FV Concert - Jim Quick & Coastline Band - Thursday October 20, 2022 - 6:30 pm - 9:30 pm - Centennial Park 11G Haunted Trail - Carroll Howard Johnson Environmental Education Park - Saturday October 15, 2022 - Family Fright 5:00 pm - 6:00 pm and Full Fright 7:00 pm - 9:00 pm 11H Small Business Connect - FV Arts Center - Thursday, October 27, 2022 - 8:30 am - 12:00 pm 11I Coffee with a Cop - Bojangles - 1400 N. Main Street - Tuesday, November 1, 2022 - 9:00 am - 10:30 am 11J FVDA BBQ, Blues and Brews - Saturday, November 12, 2022 - 12:00 pm - 4:00 pm - 405 East Broad Street BOARD MEMBER COMMENTS Commissioner Gardner stated that she was excited to see all the presentations and recognitions of all the people who are doing such good work. She reported that she really enjoyed the Fire Department’s groundbreaking ceremony, and it is exciting that Station 4 will have a heritage room to honor the history of the fire department in addition to housing the 1946 Mack Truck. She also stated that she is excited about the One Mind Campaign supported by the Police Department. Commissioner Gardner stated that the Out of Darkness Suicide Prevention Walk was recently held at Fleming Loop Park. She thanked management and staff for taking care of things during this last storm. She reported that she was excited about the charging station being installed in downtown by Duke Energy. She further stated that Marcus Anderson, the saxophonist that played at the Arts Center a few weeks back, was amazing. She also announced that this week is the Garden Club Random Acts of Kindness Week and encouraged everyone to do an act of kindness. Commissioner Harris asked if it would be possible for all staff to get the training for the mental health first aid. Town Manager Mitchell stated that he would investigate the possibility. Commissioner Haynes stated that he attended the Alcohol Policy convention on behalf of the Fuquay- Varina Coalition. He stated that he brought back some new ways to figure out how to market and help young people resist drinking. He stated that Marcus Anderson was one of his friends and played the saxophone for the singer known as Prince. He enjoyed the Fire Station Groundbreaking and getting to meet the new class of recruits. He also attended the Celebrate Fuquay-Varina concert and enjoyed hearing Chairman of the Board. He stated that the BBQ Blues and Brews event is still accepting applications for people to cook and participate in the competition. Commissioner Haynes thanked staff for all that they do for the Town. Commissioner Cook echoed what the other Commissioner’s stated already regarding the Fire Department Groundbreaking. She loved seeing all the kids at the meeting and for them being introduced to a little bit of Town politics. She enjoyed seeing staff that got recognized tonight and for their continued education. She reminded everyone about Coffee with a Cop on Tuesday morning. She also stated that she is helping to coordinate a fall shredding event on November 12th from 9:00-12:00 pm in the Fuquay-Varina Chamber of Commerce parking lot. Everyone that plans on attending will need to bring a food item that will be donated to Pine Acres to help with their Thanksgiving food distribution. Mayor Pro-Tem Smith stated that he enjoyed the FM2FV fall concert series and there are still a couple more concerts remaining. He reported that he enjoyed the Fire Department Groundbreaking event. He is excited about the decontamination room that will be in in this fire station to help protect firefighters. Mayor Massengill asked when Fire Station #4 would be completed. Town Manager Mitchell stated that depending on weather could be as soon as 12 months to 15 months. Mayor Massengill stated that the Fire Department is very busy this month with fire safety events at the different schools and preschools and he is glad that the schools are reaching out to the Fire Department to get these events scheduled. He also mentioned that the Fire Department still replaces the smoke detector batteries inside residents’ homes. He thanked staff for their hard work during Hurricane Ian. He thanked the Public Utilities Department for helping him with his Mayor’s Chat video. He thanked the Town Board for mentioning all the positive things going on in the Town. He also reported that he is excited about the Lock 7 development, and it will look like a miniature North Hills. The following items are Mayor Massengill’s past and future events: Past Events 9/8 – FM2FV Concert 9/11 – 9/11 Ceremony Event 9/15 - Southern Wake Business Alliance - Kick-off Meeting 9/17 – John Deere 25th Anniversary 9/19 – Hosting Wake County Mayor’s Association Meeting 9/21 – CAMPO Meeting 9/22 – FM2FV Event 9/26 - Capital Area Preservation - Anthemion Awards 9/28 – Fire Station #4 Groundbreaking 9/29 – Celebrate FV Concert Upcoming Events 10/4 – Coffee with a Cop – The Retreat 10/4 – Chamber Ribbon Cutting – The Gyro Spot 10/6 – FM2FV Concert - Smile 10/7 – Law Enforcement Torch Run Event 10/11 – FVDA Board Meeting 10/11 – Chamber Small Business 10/15 – Fire Department Open House 10/15 – Haunted Trail 10/17 – Wake County Mayor’s Association Meeting ADJOURNMENT A motion was made to adjourn the meeting at 9:24 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (5-0) The minutes from the October 3, 2022, Town Board of Commissioners regularly scheduled meeting are adopted this 18th day of October in the year 2022 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Rose H. Rich, Town Clerk

Agenda

Board Meeting Agenda Monday, October 03, 2022 7:00 PM Location: 134 N. Main Street, Fuquay-Varina, NC 27526 Mobile phones are to be turned off or placed on silent/vibrate during the meeting. Please exit the Commission Chambers before using your mobile phone. The agenda is prepared and distributed on Friday preceding the meeting to the Commission and news media. 1. Call to Order 2. Invocation and Pledge of Allegiance 3. Approval of Minutes 3.A Approval of Minutes - September 6, 2022 Town Board of Commissioners Regular Scheduled Meeting. 4. Presentations 4.A Statewide Athletics Commission (SWAC) State Champions - All-Star Softball 8U Girls - (Massengill/Baggett/Cox) 4.B Statewide Athletics Commissioner (SWAC) State Champions - All-Star Baseball 8U Boys - (Massengill/Baggett/Cox/) 4.C Recognition - Fire Department Staff - (Jones/Mitchell) 4.D Recognition - Nicole Stevens - NC Finance Officer Certification - (Crabtree/Matthews) 4.E Employee Introductions and Certificate of Achievement for Excellence in Financial Reporting - (Crabtree/Mitchell/Matthews) 4.F Recognition - Captain Tim Smith - (Medina/Mitchell) 4.G Recognition - Advanced Law Enforcement Certificate - Sergeant James Hilton Jr. - (Medina/Mitchell) 4.H Recognition - Newly Promoted Police Supervisors (Police Sergeants) - (Medina/Mitchell) 5. Public Comment The public is invited to address the Town Board. 6. Items Tabled From Previous Meeting FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA OCTOBER 03, 2022 PAGE 2 7. Public Hearing 7.A Zoning Map Amendment - Lock7 Development - 614 Old Honeycutt Road - PIN 0666688927 - REZ-2021-06 - (Davison/Mitchell/Seymour) 8. Consent Agenda 8.A Budget Amendment BA-23-14 - Project Ordinance Amendment POA-23-04 - Contract Award - Parks, Recreation, and Cultural Resources - Action Park Tennis Courts - (Cox/Mitchell/Matthews/Crabtree) 8.B Budget Amendment - Recognizing Insurance Proceeds - Public Buildings - Town Hall Garage Ceiling - BA-23-15 - $1,097 - (Cox/Mitchell/Matthews/Crabtree) 8.C Budget Amendment - Parks, Recreation, and Cultural Resources - Alston Ridge Greenway Survey - BA-23-16 - $8,974 - (Cox/Crabtree/Mitchell/Matthews) 8.D Budget Amendment BA-23-17 - Contract Award - Engineering – Burton Street Drainage Improvements - (Poling/Mitchell/Seymour) 8.E Budget Amendment - Recognize Insurance Proceeds - Police Department - Vehicle Repairs - $6,623 - BA-23-18 - (Mitchell/Medina) 8.F Special Event and Amplified Sound Permit Request - Hiester Cares Foundation - Hiester Cares Foundation 5k Race/Walk to Prevent - October 22, 2022 - (Davison/Mitchell/Seymour) 8.G Facade Grant Funding Request - 111 S. Fuquay Avenue (McNeill/Mitchell/Seymour) 8.H Roadway Fee In-Lieu - Langworthy Dental Office - (Poling/Mitchell/Seymour) 8.I Utility Agreement Allocation Request - Kensley Grove Subdivision - 72 Lots - (Wagner/Mitchell/Seymour) 8.J Recreation Unit Fee-In-Lieu - Kensley Grove Subdivision - SUB-PR-2022-02 - (Davison/Mitchell/Seymour) 8.K 2023 Town Board Meeting Schedule - (Mitchell/Rich) 8.L Budget Amendment - Insurance Proceeds - Fire Department - Unit #109 - $4,565 - BA-23-19 - (Jones/Mitchell/Crabtree) 8.M Herbert Akins Road School Zone Update and Herbert Akins Road Speed Limit Reduction - (Stephenson/Mitchell/Matthews) 8.N Resolution - Special Inspections Services Statute Exemption - Fire Station #4 Project - (Jones/Mitchell) 9. Items Removed From Consent This section is reserved for items removed from the consent agenda for separate consideration. 2 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA OCTOBER 03, 2022 PAGE 3 10. Administrative Reports 10.A Contract Award - Falcon Park Dugouts - Vortex Construction Company, LLC - $72,030 - (Cox/Mitchell/Matthews) 10.B Preliminary Subdivision Plat – Kensley Grove Subdivision - SUB-PR-2022-02 - (Davison/Mitchell/Seymour) 10.C Planning Study Transit Services Update - Toole Design Group, LLC - Consultant Selection and Project Status Update - (Davison/Mitchell/Seymour) 11. Other Business 11.A Manager's Report 11.B Project Status Report - October 2022 11.C Coffee with a Cop - The Retreat - 2700 Whakatane Lane - Tuesday, October 4, 2022 - 9:00 am - 10:30 am 11.D FM2FV Concert - Smile - Thursday October 6, 2022 - 6:30 pm - 9:30 pm - Centennial Park 11.E Fuquay-Varina Fire Department - Open House - Saturday October 15, 2022 - 10:00 am - 3:00 pm 11.F FM2FV Concert - Jim Quick & Coastline Band - Thursday October 20, 2022 - 6:30 pm - 9:30 pm - Centennial Park 11.G Haunted Trail - Carroll Howard Johnson Environmental Education Park - Saturday October 15, 2022 - Family Fright 5:00 pm - 6:00 pm and Full Fright 7:00 pm - 9:00 pm 11.H Small Business Connect - FV Arts Center - Thursday, October 27, 2022 - 8:30 am - 12:00 pm 11.I Coffee with a Cop - Bojangles - 1400 N. Main Street - Tuesday, November 1, 2022 - 9:00 am - 10:30 am 11.J FVDA BBQ, Blues and Brews - Saturday, November 12, 2022 - 12:00 pm - 4:00 pm - 405 East Broad Street 12. Town Board Member Comments Mayor and Commissioners 13. Closed Session 13.A Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege 14. Adjourn 3 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA OCTOBER 03, 2022 PAGE 4 IN ACCORDANCE WITH ADA REGULATIONS, PLEASE NOTE THAT ANYONE WHO NEEDS AN ACCOMODATION TO PARTICIPATE IN THE MEETING SHOULD NOTIFY THE TOWN CLERK AT (919) 552-1401 AT LEAST 48 HOURS PRIOR TO THE MEETING. 4

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