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Board of Commissioners

Regular Meeting

Fuquay-Varina, NC · December 5, 2022

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Minutes

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting December 5, 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 Cook, Commissioner Board scheduled for Monday, December 5, 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 Cook, and Bryan Haynes. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Town Clerk Rose Rich, Town Attorney James Adcock, and IT Director Scott Clark. CALL TO ORDER Mayor Massengill called the meeting to order at 7:00 pm. INVOCATION AND PLEDGE Commissioner Marilyn Gardner provided the invocation and C.J. Stubberfield of Boy Scout Troop 444 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 November 22, 2022, minutes of the Town Board of Commissioners regularly scheduled meeting. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Fuquay-Varina Downtown Association Board Recognition Mayor Massengill stated that the Fuquay-Varina Downtown Association is very instrumental in downtown providing support for local businesses, education and events. He reported that Mrs. Cara Adcock has served two terms on the Fuquay-Varina Downtown Association (FVDA) Board of Directors. He thanked her for her dedicated service to the Fuquay-Varina Downtown Association and presented her with 2022 En Plein Air artwork entitled the River Retreat. He also thanked the members of the Downtown Association that came to support Mrs. Adcock. Commissioner Gardner stated that the FVDA Board of Directors is a working board that puts in countless of hours of work to help downtowns thrive. She stated that Cara Adcock has been faithful to serve two terms on the FVDA Board of Directors and she is grateful of that kind of support. 4B Planning Department - Introduction of New Development Liaison and Recognition of Staff Accomplishments Purpose – To introduce the Town's new Development Liaison and recognize several Planning Department staff members for achieving Zoning Official Certification. 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. Kathy Carlisle recently joined the Town's Planning Department as the new Development Liaison, a new position for the Town. She joins the Town after previously working for the Town of Holly Springs for 6.5 years as the Development Review Coordinator. Additional previous employment included working for the City of Coral Springs, FL, in the Planning Department. As the Town's Development Liaison, Kathy will be responsible for providing business support work to assist the development services departments, including project coordination, public communication, and tracking and analysis of development projects. She will serve as a central point of contact for applicants throughout the development review and approval processes and coordinates communication and activities between multiple Town departments. Sponsored jointly by The North Carolina Association of Zoning Officials (NCAZO) and the School of Government at The University of North Carolina at Chapel Hill, the Zoning Official Certification Course is a minimum of a five (5) day long course, consisting of a minimum of 30 hours of class time that is designed for local government zoning officials seeking to be certified as a Zoning Official in the State of North Carolina. The course is designed to help students develop administrative skills in reviewing plans, inspecting sites, enforcing ordinances, and providing service to customers. Special attention is given to the enforcement of the ordinances in the field. No one is eligible to sit for the examination unless he or she has completed the certification course and annual continuing education is required to maintain certification. It has been a goal of the Planning Department to get all planning staff certified. Allyssa Holman received her certification in June 2020, Melissa Sigmund and Slater Knox became certified in November of last year and Allison Wylie, Josh Jurius and Grant Vestal all became certified in November of this year. We currently have one more planning staff member that will be eligible to take the class next year and we will have achieved 100% planning staff certification. The NC Code Officials Qualifications Board (COQB) certifies qualified individuals to serve as code officials employed by local and state government. The Planning Department's Code Compliance Officers are working towards Building Level I certification in order to support the Inspections Department with enforcing minimum housing standards. To qualify for the Building Level I exam, applicants must successfully complete the Board’s 48 hours standard Building Level I course and 15 hour Law and Administration course. Both of the Town's Code Compliance Officers, Rich Johnson and Jason Ballard have successfully completed the Building Level I course. Mayor Massengill welcomed Kathy Carlisle to the Town of Fuquay-Varina, and he thanked all the planning staff for taking the time to further their education and be involved their continued education efforts. PUBLIC COMMENTS 5A Nolan Perry, 729 Laurel Spring Drive, Fuquay-Varina thanked the Town staff and various departments that were involved in the 2022 Christmas Parade. He stated that the parade is a massive operation that requires weeks of coordination between the Chamber, Town Staff, and the public. He thanked the Streets Department and Police Department for going above and beyond measures to make sure that the parade was safe. Mayor Massengill stated that this year’s parade was great, and it was a record attendance. He thanked the Fuquay-Varina Chamber of Commerce for their hard work with the Christmas Parade. The following people made comments in opposition to the Hilltop Needmore Town Park and Preserve Master Plan: Nancy Ferrell-Unwin, 4705 Linaria Lane, Mark Bertrand, 5421 Greensflag Lane, and Ashley Manstedt, 5608 Brushy Meadows Drive, Fuquay-Varina spoke in opposition to the ball fields and a parking lot being placed in the master plan. ➢ Commissioner Tracy Cook announced that in accordance with the rules of Wake County Board of Elections she is resigning from her position effective immediately, as Commissioner for the Town of Fuquay-Varina. She stated that she has purchased a home outside the corporate limits, and it is now her primary residence. She stated that she enjoyed her time serving on the Town Board and is has been an honor to serve with other members of the Town Board. She stated that she plans to remain very involved with the Town and encouraged members of the Town Board to continue to work together and to listen our citizens and Town staff. The Town Board received this information from Tracy Cook, and no further action was needed. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the December 5, 2022 Town Board meeting. PUBLIC HEARINGS 7A There were no public hearings for the December 5, 2022, Town Board meeting. CONSENT AGENDA 8A. Façade Grant Funding Request - The Mill - 146 S. Main Street Purpose – To consider approval of a façade grant funding request submitted by The Mill located at 146 S. Main Street in an amount up to $2,500.00. Recommendation – Approve the façade grant funding request and application submitted by The Mill located at 146 S. Main Street in an amount up to $2,500.00 as presented and recommended. 8B. Budget Amendment - Recognize Proceeds - Ting Fiber, LLC - BA-23-26 - $500.00 Purpose – To consider a budget amendment in the amount of $500.00 that recognizes event sponsorship funds from Ting Fiber, LLC to the Town's Economic Development Department for sponsoring the Fuquay-Varina Small Business Connect event on October 27, 2022. Recommendation – Approve Budget Amendment BA-23-26 as presented and recommended. 8C. Budget Amendment - Recycling Services - $48,996 - BA-23-29 Purpose – To consider approval of a budget amendment in the amount of $48,996.00 recognizing revenue from recycling rebates to cover recycling disposal costs due to shifts in the recycling market. Recommendation – Approve BA-23-29 as presented and recommended. 8D. Roadway Fee In-Lieu - Truelove Property Purpose – To consider approval of the fee-in-lieu for certain roadway improvements related to the Fuquay-Varina Parkway on the Truelove Property in the amount of $2,341,829.25. Recommendation – Approve a total of $2,341,829.25 as fee-in-lieu for roadway improvements associated with the Truelove Property as presented and recommended. 8E. Fee In-Lieu – South Lakes SF-10 Greenway Purpose – To consider approval of a $161,833 fee-in-lieu for construction of the South Lakes SF- 10 greenway related to the South Lakes SF-10 subdivision project. Recommendation – Approve a total of $161,883 as a fee in lieu for the South Lakes SF-10 greenway associated with the South Lakes SF-10 subdivision project as presented and recommended. 8F. Roadway Fee-In-Lieu – Banks Road (Primoris Training Facility) – SP-2022-09 Purpose – To consider approval of the fee-in-lieu for certain roadway improvements related to the Primoris Training Facility project. Recommendation – Approve fee-in-lieu in the amount of $66,087 for roadway improvements associated with the Primoris Training Facility project as presented and recommended. 8G. On-Call Services - Right-of-Way Acquisition Purpose – To consider entering into agreements with three professional firms for on-call right-of- way acquisition services. Recommendation – Approve the selection of Right-of-Way Acquisition on-call firms TELICS, Professional Property Services, Inc., and THC, Inc. for on-call right-of-way acquisition services and authorize the Town Manager to enter into an on-call right-of-way acquisition services agreement with recommended firms, subject to Town Attorney as to form. 8H. Budget Amendment – Powell Bill Fund Balance Appropriation for Burton Street Drainage Improvements – Engineering Department - $19,000 – BA-23-27 Purpose – To consider approval of a budget amendment to recognize Powell Bill Fund Balance for the Burton Street Drainage Improvements Project in the amount of $19,000. Recommendation – Approve Budget Amendment BA-23-27 as presented and recommended. A motion was made to approve Consent Agenda Items 8A-8H. MOTION Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (4-0) ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Smoke Free Town Facilities Ordinance Purpose – To consider an ordinance prohibiting smoking and the use of vaping products at Town facilities. Staff Comments – Assistant Town Manager Mark Matthews 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. According to the Centers for Disease Control and Prevention (CDC), tobacco use, and secondhand smoke exposure remains one of the leading preventable causes of illness and premature death in North Carolina and the nation. While use of many tobacco products has declined, the growth in vapor product use among young people has grown exponentially in the past decade and continues to be a public health epidemic. While smoking is not allowed in Town buildings, the Town does not currently have a local ordinance to address it. The Town does receive complaints periodically about secondhand smoke at Town parks, on Town grounds (for example municipal building parking areas), and events which are not currently prohibited. Local governments are authorized by North Carolina General Statute to regulate smoking in public places as well as Town buildings and grounds, but may not regulate smoking in private residences, private vehicles, tobacco shops (as defined by statute), tobacco growers/manufacturers, cigar bars, private clubs, designated smoking rooms at a lodging establishment, and film production sets. On November 9, 2022, the Wake County Board of Commissioners adopted an expanded tobacco and smoke free ordinance for all governmental facilities and public places within the County's jurisdiction, and many municipalities within the County are reviewing their current regulations. Fuquay-Varina is currently an outlier with no tobacco free or smoke free ordinance for governmental buildings, governmental buildings, governmental grounds, or public parks. The lack of an ordinance prohibiting smoking at these locations does diminish the experience and health of patrons and employees, while also putting staff in a challenging position when receiving complaints about secondhand smoke at building entrances or in the sideline/bleacher area of a sports game. It should be noted that management's expectation of enforcement of this ordinance is in an educational manner, in which patrons would be informed about the ordinance and asked to comply or leave the premises rather than immediately issued citations. However, adopting an ordinance as most Wake County peers have done is important to ensure a healthy and welcoming environment for Town customers and staff, and for this reason management recommends approval. In order to protect the public health of customers and Town employees, the recommended ordinance would prohibit smoking and vaping at the following locations: • Town government buildings • Town government vehicles • Town government grounds, with the exception of designated outdoor smoking areas (these areas will be identified at several primary employee work locations, in areas away from building entrances) • Town parks-Town recreation areas A presentation made by Wake County staff to the Wake County Board of Commissioners on September 12, 2022, was provided. This presentation included some background information including peer comparison and statutory authority, which is similar for counties and cities on this topic. It should be noted that the ordinance recommended by the Town Manager differs from Wake County's recently adopted ordinance in that it does not prohibit the use of smokeless tobacco products, and does not extend to private property. If approved, appropriate signage will be installed or modified at parks and Town facilities. This expense is expected to be managed within existing budgets. Discussion – Mayor Massengill stated that the Town has had regulations within government buildings and vehicles as an internal policy but not necessarily as a codified ordinance and this will make it a codified ordinance. Assistant Town Manager Matthews stated that the Mayor’s statement was correct. Commissioner Harris ask how this will be enforced for people that do not comply with the ordinance. Assistant Town Manager Matthews stated that Town staff will take an education first approach to make them aware that the Town has an ordinance that prohibits smoking at certain locations. He stated that for example at athletic games the Town would let them know that it is prohibited to smoke in the park and if they continue to smoke, they would be asked to leave the game and then take the trespassing approach before issuing a citation. He stated that if a citation was to be issued the maximum fine is $50. Commissioner Harris asked could Town employees who see another person at a park smoking indirectly force the ordinance. Assistant Town Manager Matthews stated that it would be management’s expectation that staff would inform that person and make them aware of the ordinance. Commissioner Haynes thanked Town management for looking into this matter and drafting the ordinance. He stated that it is going to create a better feeling for the families at our parks while watching their children play various outside sports. Recommendation – Approve an ordinance prohibiting smoking at Town facilities as presented and recommended. Ordinance No. M-22-04 MOTION: Commissioner Haynes SECOND: Commissioner Harris MOTION RESULTS: Passed (4-0) 10B Payment-in-Lieu Agreement Amendment - Pulte Home Company, LLC Purpose – To consider a Payment-in-Lieu Agreement Amendment between the Town of Fuquay- Varina and Pulte Home Company, LLC. 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 November 2019, the Town Board approved a Payment-in-Lieu Agreement between the Town and Pulte Home Company, LLC, which committed Pulte to provide a dedicated right-of-way and payment-in-lieu for, or construction of a portion of Fuquay-Varina Parkway through the Truelove Property at no cost to the Town. This construction agreement and payment-in-lieu are associated with Pulte's Carolina Garden subdivision project. Pulte's request for the agreement amendment is to increase the number of lots from 500 to 760 in the Carolina Gardens subdivision that may be reviewed and recorded prior to the completion of the portion of Parkway being constructed. There are a total of 818 lots proposed in the Carolina Gardens subdivision. Construction of a majority of the Parkway is currently underway and Pulte has requested that a Payment-in-Lieu be accepted for the portion of the Parkway not to be constructed. This portion of the Parkway not to be constructed spans across wetlands, and the Army Corps of Engineers will not permit this portion of the roadway due to the environmental impacts. However, in the future, once adjoining properties develop or if the 401 By-Pass project is constructed, according to the Army Corps of Engineers approval standards, a purpose of need will be established, and this portion of the Parkway could be approved for development. After evaluation, Town staff and management have determined that the Town Board should consider the request for the following reasons: • Pulte Home Company, LLC has submitted roadway plans for the section of Fuquay-Varina Parkway to be constructed across the Truelove property, which has been reviewed and approved by staff. • Construction of the majority of the Fuquay-Varina Parkway is currently underway. • A fee-in-lieu for the portion of Fuquay-Varina Parkway that will not be constructed has been requested and presented for Town Board approval. • Progress toward meeting the obligation of the original Payment-in-lieu Agreement has been demonstrated. Expanding the number of lots that may be reviewed and recorded in Carolina Gardens to 760 would provide for continued development of the subdivision while the Parkway construction is completed. • The amended agreement still protects the Town and gives an incentive to the developer to complete the roadway obligation before the recordation of the last additional 58 lots. This amended agreement obligates Pulte Home Company, LLC to provide a dedicated right-of- way and payment-in-lieu for, or construction of a portion of Fuquay-Varina Parkway at no cost to the Town. Discussion – Mayor Massengill stated that at this time the Corp of Engineers has said that work can not be done right now due to the wetland but once some other properties get developed the Core of Engineers would agree to connect Highway 55 back to Purfoy Road. Planning Director Davison stated that was correct. Mayor Massengill stated that there are 68 lots left before they finish and that the lots cannot get built until they finish this portion which guarantees that it will get built. Planning Director Davison agreed. Recommendation – Approve the Payment-in-Lieu Agreement between the Town of Fuquay- Varina and Pulte Home Company, LLC as presented and recommended. MOTION: Commissioner Gardner SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed (4-0) 10C Hilltop Needmore Town Park and Preserve Master Plan Purpose – To consider an ordinance prohibiting smoking and the use of vaping products at Town facilities. Staff Comments – Parks and Recreation Director Cox entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. Town staff along with CLH Design presented the concept Master Plan for the Hilltop Needmore Town Park and Preserve at the November 7, 2022 Town Board meeting for information purposes. The proposed Master Plan included recommendations that included both passive and active recreation components. Since the Master Plan public presentations to the Town Board and the Parks and Recreation Advisory Board on October 10, 2022, the Town solicited feedback on Let’s Talk FV for a thirty day window to allow the public to comment on the proposed Master Plan. During this window, the Town received 179 comments, which represents 22% of the 818 survey responses received in May/June 2022 as the basis for development of the recommended Master Plan. The Town has received a significant amount of positive feedback and excitement about the proposed plan, along with several frequent concerns expressed through Let's Talk FV. The frequently identified concerns are as follows: • The Town should add no components that will draw additional visitors to the Park or disturb existing trees. • The Town should add no active recreation amenities to the existing park, which should remain entirely passive in nature. More specifically, athletic fields and pickle ball courts should be removed from the plan. • Concerns from Crooked Creek residents that the auxiliary remote parking lots along Brushy Meadows (included for accessibility reasons to the pond) could cause an increase in visitors, traffic and accidents and should be removed. • Tennis courts should be added to the Master Plan. • An aquatics center should be added to the Master Plan. At the conclusion of the Let's Talk FV comment period, CLH Design, Town management and the Town of Fuquay-Varina Parks, Recreation and Cultural Resources Department reviewed the responses and recommend a final recommended HNTPP Master Plan to be presented to the Parks, Recreation and Cultural Resources Advisory Board. Due to lack of a quorum, on November 14, the Parks, Recreation and Cultural Resources Advisory Board held an informal public meeting attended by several members of the public to answer any questions pertaining to the HNTPP Master Plan. The PRCR Advisory Board meeting was rescheduled to November 28, at that time, the Parks and Recreation Advisory Board considered feedback received through Let's Talk FV and at the meeting, as well as information shared by staff. The Advisory Board voted unanimously to support the HNTPP Master Plan as presented and recommended by CLH Design and Town staff. At this time, funding has not been identified for any specific phases of the project or the entire Master Plan (a placeholder was included for initial master plan investments in the Five-year Plan) but will be further evaluated and prioritized during the Comprehensive Systemwide Parks, Recreation and Cultural Resources Master Plan and budget development scheduled to be conducted in early 2023. It is important to note that this is a long-range master plan, and given the scope of the master plan, scale of the park, and that the Town does not have an unlimited budget it is likely that this master plan will be completed in phases over the next 20 years as internal and external sources of funding are identified. Since the Town Board presentation on November 7 and November 28 PRCR Advisory Board meeting, Mayor Massengill suggested that one additional component be considered for the Master Plan, which Town Management and staff support. This is an Armed Services/Veterans Memorial to be located in close proximity to the parking lot located closest to the pond on the southern portion of the park off of Brushy Meadows Drive. Management and staff believe this amenity will be meaningful to honor veterans and military families in our community, complements other components of the park, and the proposed location is both accessible and appropriate for the purpose. An example of a similar memorial from Wilmington, NC is included for reference. Management and staff recommend approval of the recommended master plan with the addition of Mayor Massengill's proposal for an Armed Services Memorial. The proposed Hilltop Needmore Town Park and Preserve Master Plan is the product of extensive public input, a comprehensive needs assessment, and addresses programmatic needs. In addition, it will advance the following objectives and initiatives identified in the 2021-2025 Fuquay-Varina Strategic Plan: QUALITY OF LIFE Objective 1: Offer diverse and inclusive recreational and cultural programming. Initiative 2: Expand environmental programming and education at Town nature and passive parks. Initiative 3: Develop outdoor cultural arts and historical programming to be provided at Town park sites. Objective 2: Develop recreational facilities that are in geographic proximity to all residents. Initiative 1: Acquire property and develop active recreation facilities to accommodate growth in youth and adult programs. Initiative 2: Develop greenways and passive recreation assets to connect neighborhoods with destinations. Initiative 3: Construct additional town park amenities and make facility improvements to enhance user experience. FISCAL STRENGTH Objective 2: Leverage grant opportunities and partnerships to increase return on investment. Initiative 3: Seek County, State and Federal environmental grants to leverage further investment in recreational improvements. In summary, the recommended HNTPP master plan is consistent with the Town's stated intentions for future development of the park since acceptance of the property in 2019, advances the Strategic Plan and PRCR Comprehensive Systemwide Facility Master Plan, completes a project identified for multiple years in the Town's Five Year Plan, and reflects community needs and aspirations for advancing quality of life as expressed through the robust engagement process that was used to develop this Master Plan. For all of the reasons Management and staff recommend approval. Development of the proposed Hilltop Needmore Town Park and Preserve Master Plan is intended to be phased in over the next twenty years. Upon approval, the sequencing of phase development will be considered as a part of the upcoming Parks, Recreation, and Cultural Resources Comprehensive Systemwide Facility Master Plan, Budget, and Five Year Plan development processes. Development of the full master plan will require internal and external funding sources to be identified. Discussion – Mayor Massengill stated that the Town Board received emails and requests on how the Town can recognize our veterans in the community and he feels that this would be a great location for an Armed Services Memorial. He stated that he envisions a combination of private and public money that will be contributed to a veterans memorial. Mayor Massengill also stated that there have been many community meetings, forums, and input from Let’s Talk FV, and the Town has received a lot of feedback from the community on what they like and don’t like about the proposed plan. He stated that when the Town accepted this land from Wake County it came with deed restrictions that allow the Town to use it for open space, parks and for public purpose. Parks and Recreation Director Cox stated that this plan follows all of those restrictions. Mayor Massengill stated that there has been a lot of investment that has already been made like the clubhouse with an investment of over $500,000 plus the additional equipment and personnel to maintain the facility. He stated that Youth Sports is our number one program, and we must continue to use the land that the Town already owns to expand our youth sports program. He reported that this is a great plan and that the Parks and Recreation Advisory Board is 100% in favor of this plan. He stated that he agrees with the plan and that he has heard all comments mentioned tonight the are opposed to the plan. Commissioner Haynes stated that the Town Board does listen to the concerns expressed during public comments and that Board members have read the 44 pages of comments that were presented. He reported that this is just a plan and that it is not the final plan, and that the Town does not have unlimited funds to produce the plan that has been recommended tonight. This plan is a working document and will be built in phases. He reported that he supports the Armed Services Memorial but thinks it would be better utilized at another location where there would be more parking. Mayor Pro-Tem Smith stated that this plan still has a lot of amenities with open space and the meadow area will be an enhancement for our open space. He likes the walkway and boardwalk trails. He stated that every year the Town is breaking records with youth sports, and we need to take advantage of the land that we already own to enhance the Town’s athletic fields. He appreciates all the work that has gone into this plan and the engagement by the public both for it and against. Commissioner Harris stated that his biggest concern is hearing that the neighborhoods are being impacting by the quality of life. He said that the Town is growing, and it is important for the Town to have these facilities that address the needs of residents. He stated that he hears the residents have concerns about the change and the significant impact that is going to have on the community, but the reality is we must address growth. He reported that the Town Board can not ignore the need for the amenities that enhance the quality of life for all the citizens in Fuquay- Varina. He reported that he thinks this is the best we can do with trying to address the needs of recreation in our community. He also stated that he loves the memorial for the military but would love to see it in Town and would possibly be adequate to have it located at Fleming Park where there is plenty of parking. Mayor Massengill stated that he believes there would be adequate parking at Hilltop Needmore Park with the Elementary School being built there. Town Manager Mitchell stated the proposed Armed Services Memorial would be located near the pond, and the intent for the location of the memorial would be the serene backdrop of the pond and a proposed fountain would be installed there also like the one that is at Fleming Loop Park. He said the other reason the area was chosen it that it is close proximity to the large parking lot of the Community Center North and potential for joint shared parking with the elementary school during non-school hours. Commissioner Gardner stated that she agreed with what the other Commissioner have stated. She reported that one significant group of people that the Town has seen in growth would be our seniors. She stated that they must be considered as well as the Town is looking to provide amenities for the future also and she is glad that some of the elements of this plan address that. She reported that she is grateful for all the comments that have been provided by the citizens and that the Town Board move forward with the master plan process. Recommendation – Approve the Hilltop Needmore Town Park and Preserve Master Plan as presented and recommended, including the addition of the Armed Services/Veterans Memorial. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Haynes MOTION RESULTS: Passed (4-0) OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the following updates: o Police Department – The Police Department has had great social media feedback with the blue light campaign. He thanked Chief Medina and the leadership in the department for taking the initiative for this campaign. o Communication Department – Since this past October the Communications Department’s online store for the Town has sold close to $3,500 in total sales and at the Tree Lighting there were $500 in Town merchandise that was sold. There has been a total of 150 Christmas ornaments sold and only 5 left of the 2021 ornament. He thanked Communications Director Weis and her team for doing a great job with the online store. o Planning Department – The Planning Department has kicked off the initial outreach for the Transit Study at the Tree Lighting and the Christmas Parade events this past weekend. He encourage residents to check out the transit study page on Let’s Talk FV and submit feedback by adding pins to the map or taking the survey. The survey will be open through mid-January 2023. o Arts Center – The Arts Center is hosting the Nutcracker and Tea with the Sugar Plum Fairy events coming up this weekend. Most of the events have been sold out. o Finance Department – The Finance Department is finalizing the annual comprehensive audit which will be presented at the December 20th Town Board meeting. o Parks and Recreation Department – The Parks and Recreation Department had a successful Tree Lighting Ceremony. He thanked the Parks and Recreation for all their hard work for this event. o Public Works Department – The Public Works Department also helped support with the Tree Lighting Ceremony with street closures, general maintenance, and cleaning of our community in advance of these events. He thanked them for all their hard work for the event. 11B Project Status Report - December 2022 11C Coffee with a Cop - Abshure Realty - 201 S. Main Street - Tuesday December 6, 2022 - 9:00 am - 10:30 am 11.D US401 Corridor Study In-Person Public Meetings - Tuesday, December 6, 2022 - 5:00 - 7:00 pm - Fuquay-Varina Town Hall and Thursday, December 8, 2022 - 5:00 - 7:00 pm - Harnett County Administration Building, Lillington 11.E The Nutcracker - Community Performance - Fuquay-Varina Arts Center - Friday December 9, 2022 - 7:00 pm and Saturday December 10, 2022 - 11:00 am, 2:30 pm, 5:30 pm 11.F Coffee with a Cop - McDonalds - 1409 N. Main Street - Tuesday Jan. 3, 2023 - 9:00 am - 10:30 am BOARD MEMBER COMMENTS Commissioner Gardner stated that she enjoyed the Christmas Tree Lighting Ceremony, and it was again similar to a Hallmark movie. She also stated that the Christmas Market was a nice addition. The Fuquay- Varina Chorale had their concert this past weekend and it just get better every year. The Chorale has grown from 30 members to more than 80 members. She reported that the official send off for Fire Chief Tony Mauldin was so moving and a very tough day for the Town’s Fire Department, family, Town staff and friends. Commissioner Harris had no comments. Commissioner Haynes thanked the Town staff for the past few days and weeks for all their hard work. He enjoyed the Christmas Parade and the Christmas Tree Lighting Ceremony. He stated that he has enjoyed working with Commissioner Cook and will miss her. Fire Chief Tony Mauldin celebration of life brought back a lot of memories with cooking with Chief Mauldin, and he will be missed. Mayor Pro-Tem Smith thanked staff for the Tree Lighting event. He thanked Nolan Perry and the Chamber for a great Christmas Parade. He also thanked Commissioner Cook for her service on the Town Board and stated that she will be missed. He agreed with all the comments about the memorial service for Fire Chief Tony Mauldin. He said that he and Chief Mauldin became good friends over the years. He commented on how much he meant to him as a colleague when he was in public safety and as advisor to Commissioners seeking input from his department. He commended Deputy Chief Jim Jones and the entire Fire Department for an extremely professional send off. He also stated that Mayor Massengill and Town Manager Mitchell made excellent comments at the memorial service for Fire Chief Mauldin. Mayor Massengill thanked Deputy Fire Chief Jim Jones, the Fire Department and all the staff that helped with Chief Mauldin’s funeral. The funeral was very much appreciated, very professional and Chief Mauldin would have been proud. He enjoyed the Tree Lighting Ceremony, and he agreed that it was like a Hallmark movie. He commended the Downtown Association, Parks and Recreation Department and additional staff that helped with the event. He also recognized the Downtown Association members that were in attendance: Molly Stephenson (former Town Commissioner), Brandy Taylor (President) and Kelly Quiring (Secretary). He stated that he also enjoyed attending the concert by the Fuquay-Varina Chorale and that the Arts Center has incredible programming and encouraged the public to attend the shows. He reported that the gingerbread house competition is going on at the Arts Center and the winners will be announced December 17th. He reported that he received a letter from Buckhaven Subdivision’s Homeowner Association complimenting the Public Works Department on tree trimming, sidewalk repair and waste collection, and he thanked them for recognizing the department for their dedicated work. The following items are Mayor Massengill’s past and future events: Past Events 11/30 – Raleigh Regional Association of Realtors 12/1 – Christmas Tree Lighting 12/3 – Tacky Sweater Party 12/4 – Chamber Christmas Parade Upcoming Events 12/6 – Coffee with a Cop 12/6 – US 401 Corridor Study 12/8 – Chamber Ribbon Cutting – Integrity Storage at Fleming Park 12/13 – FVDA Board Meeting 12/14 – Chamber First Responder Luncheon 12/15 - Metro Mayors Annual Meeting 12/19 – Chamber Board Meeting 12/20 – Wake County Mayors Association Holiday Dinner CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege and N.C.G.S. 143-318.11 (a) (4) - Economic Development. A motion was made to conduct a closed session meeting at 8:26 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (4-0) RETURN TO OPEN SESSION____________ The Town Board returned to open session at 8:41 p.m. with nothing to report out of closed session. ADJOURNMENT A motion was made to adjourn the meeting at 8:41 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (4-0) The minutes from the December 5, 2022, Town Board of Commissioners regularly scheduled meeting are adopted this 20th day of December 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, December 05, 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 - November 22, 2022 Town Board of Commissioners Regular Scheduled Meeting. 4. Presentations 4.A Fuquay-Varina Downtown Association Board Recognition - (Massengill) 4.B Planning Department - Introduction of New Development Liaison and Recognition of Staff Accomplishments - (Davison) 5. Public Comment The public is invited to address the Town Board. 6. Items Tabled From Previous Meeting 7. Public Hearing 8. Consent Agenda 8.A Façade Grant Funding Request - The Mill - 146 S. Main Street (McNeill) 8.B Budget Amendment - Recognize Proceeds - Ting Fiber, LLC - BA-23-26 - $500.00 (McNeill) 8.C Budget Amendment - Recycling Services - $48,996 - BA-23-29 - (Stephenson) 8.D Roadway Fee In-Lieu - Truelove Property - (Poling) 8.E Fee In-Lieu – South Lakes SF-10 Greenway - (Poling) FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA DECEMBER 05, 2022 PAGE 2 8.F Roadway Fee-In-Lieu – Banks Road (Primoris Training Facility) – SP-2022-09 - (Poling) 8.G On-Call Services - Right-of-Way Acquisition - (Poling) 8.H Budget Amendment – Powell Bill Fund Balance Appropriation for Burton Street Drainage Improvements – Engineering Department - $19,000 – BA-23-27 (Poling) 9. Items Removed From Consent This section is reserved for items removed from the consent agenda for separate consideration. 10. Administrative Reports 10.A Smoke Free Town Facilities Ordinance - (Matthews) 10.B Payment-in-Lieu Agreement Amendment - Pulte Home Company, LLC - (Davison) 10.C Hilltop Needmore Town Park and Preserve Master Plan - (Cox) 11. Other Business 11.A Manager's Report 11.B Project Status Report - December 2022 11.C Coffee with a Cop - Abshure Realty - 201 S. Main Street - Tuesday December 6, 2022 - 9:00 am - 10:30 am 11.D US401 Corridor Study In-Person Public Meetings - Tuesday, December 6, 2022 - 5:00 - 7:00 pm - Fuquay-Varina Town Hall and Thursday, December 8, 2022 - 5:00 - 7:00 pm - Harnett County Administration Building, Lillington 11.E The Nutcracker - Community Performance - Fuquay-Varina Arts Center - Friday December 9, 2022 - 7:00 pm and Saturday December 10, 2022 - 11:00 am, 2:30 pm, 5:30 pm 11.F Coffee with a Cop - Abshure Realty - 201 S. Main Street - Tuesday December 6, 2022 - 9:00 am - 10:30 am 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 and N.C.G.S. 143-318.11 (a) (4) - Economic Development 14. Adjourn 2 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA DECEMBER 05, 2022 PAGE 3 IN ACCORDANCE WITH ADA REGULATIONS, PLEASE NOTE THAT ANYONE WHO NEEDS AN ACCOMODATION TO PARTICIPATE IN THE MEETING SHOULD NOTIFY THE TOWN CLERK AT (919) 552-1401 AT LEAST 48 HOURS PRIOR TO THE MEETING. 3

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