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Board of Commissioners

Regular Meeting

Fuquay-Varina, NC · March 6, 2023

AgendaMinutes

Minutes

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting March 6, 2023 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 Bryan Haynes, Commissioner Board scheduled for Monday, March 6, 2023, at Vacant Seat - 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 and William Harris. Commissioner Bryan Haynes was absent attending a family event. 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, IT Director Scott Clark, and various other department directors. CALL TO ORDER Mayor Massengill called the meeting to order at 7:03 pm. INVOCATION AND PLEDGE Mayor Pro-Tem Larry Smith provided the invocation and Parks and Advisory Board Member Keith Willis 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 February 21, 2023, Town Board of Commissioners Regular Scheduled Meeting and February 9-10, 2023, Town Board Strategic Planning Retreat. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (3-0) PRESENTATIONS 4A Presentation - Commercial Real Estate and Hotel Feasibility Market Study Report - Kimley-Horn and Associates Purpose – To receive a presentation of findings from the Commercial Market Study conducted by Kimley-Horn. Staff Comments – Economic Development Director Tiffany McNeill 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 2022, the Town Board authorized Kimley-Horn and Associates to perform a Town-wide Commercial Market Study Project. This study aimed to provide an objective market assessment of development trends, demographics, economic conditions, and growth opportunities in Fuquay- Varina. The Town will use this data-driven analysis to support economic development and planning strategies. The Town awarded a contract to consulting firm Kimley-Horn and Associates to perform the Commercial, Retail, Hotel, and Market Feasibility Study Project. She introduced Jessica Rossi, Project Lead with Kimley-Horn and Associates to provide the overview of the study’s findings. Jessica Rossi with Kimley Horn stated that several databases were used to understand the real estate dynamics in the community. One of the goals was to be able to project where the Town is, what type of real estate will be in demand in the future, and to keep up with the rapid pace of population growth that the Town has had. She reported that they looked at a variety of geographic areas and primarily focused on the planning area which is the Town limits plus the ETJ. She stated that from a job perspective the planning falls heavily on retail trade, wholesale trade and transportation positions at about 21.9%. Next would be education and healthcare at 18.2%, followed by leisure and hospitality, which are going to be dining and hotel positions. She reported that commuting patterns show that there are more people leaving Fuquay-Varina and only 9,600 that come to the Town for employment. She stated that the annual growth rate for the Town between 2010 and 2022 is 4.9% and in the planning area it is 4.2%. The Town has reached almost 40,000 residents by 2022 and the planning area has exceeded 60,000 residents. She reported that the people in the Town make an average annual income just shy of $92,000. She stated that there are 1,900 multifamily units in the planning area which are rental units and professionally managed communities. She reported that retail will find the Town with the average incomes, growth, and the pipeline of development from a residential standpoint. She also reported that residents are traveling outside the community to meet their retail needs, however; there are a couple of sectors such as food and beverage and general merchandise stores that provide some balance due to the Town’s unique dining offerings in downtown areas. Mayor Massengill asked Ms. Rossi what are some of the brands that make up these types of markets? Ms. Rossi stated that the brand perspective is going to be on the mid to upper tier and it will be retailers that are following the dynamics of what the Town already has; so higher incomes, higher education and higher growth. Mayor Massengill asked what type of hotel would be interested in coming to the Town. She stated that the Town could attract brands like AC Hotel by Marriott and other brands like what neighboring communities are seeing. Mayor Massengill asked what recommendations she would have to help these types of hotels come to the Town. She stated that what the Town has done to date has been effective but make sure there are available sites with 2 to 4 acres. She stated that with the larger retailer development that is coming to the Town the Town is seeing the type of activity that will help to attract a hotel. She advised that the Kimley-Horn study reveals that the Town could support up to 94 new hotel rooms. Mayor Massengill asked how I-540 and Wake Technical Community College impact the Town. Ms. Rossi stated that the area of both is very strong for future development. This will bring another aspect of hotel demand that the Town does not have now, which is highway traffic. Commissioner Harris asked how the Town becomes more competitive in attracting healthcare industries? She stated that the Town is reaching a threshold where the services are needed. Mayor Massengill asked if the new Wake Med facility under construction will attract other medical facilities. Ms. Rossi stated that ancillary medical facilities will absolutely be attracted to the current growth happening in the medical sector. She reported that the Town is going to start experiencing the commercial real estate growth that will be notable in its development activity. Mayor Massengill thanked Ms. Rossi for presenting the report. 4B Year of the Trail Story Board Presentation and Proclamation Purpose – To receive a presentation about an online story board highlighting greenways and trails within Fuquay-Varina's jurisdiction as well as for Mayor Massengill to proclaim 2023 as the Year of the Trail in the Town of Fuquay-Varina. Communications Director Susan Weis stated that the North Carolina General Assembly has designated 2023 as the Year of the Trail in North Carolina to promote and celebrate the state’s trails and greenways. Communication and Marketing Specialist Alex Bauman reported that she has been working closely with Max Kirschling in the IT Department to create a GIS story board map which is an interactive trail and greenway map. The app is mobile friendly, desktop friendly, and allows users to explore the 11 Town of Fuquay-Varina trails, greenways and walking tracks. Mayor Massengill thanked Marketing Specialist Bauman for her hard work on this app. He stated that he gets questions from citizens on where the greenways are all located, and this app is going to highlight where they can go to find that information. He then read the Year of the Trail Map Proclamation. PUBLIC COMMENTS 5A No one chose to speak during public comments. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the March 6, 2023, Town Board meeting. PUBLIC HEARINGS 7A Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #22 - CTA-2022-08 Purpose – To consider a proposed text amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance that addresses several areas for improvement. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided information about the agenda item by making the following remarks. Town staff and the community have gained significant experience using the Land Development Ordinance (LDO) since its adoption in December 2016, and a better understanding of its intent and proper function. As a result, this amendment seeks to harness that experience in the form of clarifications and technical corrections to the LDO's language. The proposed changes are as follows: Section 1, Article F - Use Regulations:  Edits have been made to the Permitted Use Table and are included as Attachment A.  The Development Projects section has been reformatted to separate primary residential uses from accessory residential uses. It is now titled "Residential Development" and the section containing accessory residential uses has been renamed "Ancillary Residential". This change has been made throughout the LDO. This edit is in an effort to better categorize subdivision projects and housing types from uses that require a primary use or are developed in conjunction with another use.  The term "Household Living" has been removed from the LDO entirely and more accurate terms have replaced its use. The term Household Living was used in several different instances throughout the LDO that deviated from its original definition and intent leading to confusion and miscommunication.  The Row House use has been added to the Permitted Use Table. It was previously an allowed use, with use standards located in Section 9-1255, but it was not included on the Permitted Use Table until this time.  The Manufactured Home and Manufactured Home Park uses have been moved from "Household Living" (now referred to as "Ancillary Residential") to "Residential Development," as they are primary uses. No changes were made to either uses' development standards.  The Temporary Recreational Vehicle use has been added to the Permitted Use Table. It was previously an allowed use, with use standards located in Section 9-1255, but it was not included on the Permitted Use Table until this time.  The Conference Center use has been added to the Employment Mixed-Use Form-Based zoning district, as determined appropriate by staff after further review of the use and the EMU zoning district. A Conference Center can be supportive of the design and scale of an employment center and may provide an appropriate transition from more industrial uses to office or mixed-use space.  The Tobacco and/or CBD Retailer use has been added to the Permitted Use Table, with development standards added to section 9-1255. Under these new standards, retailers selling primarily tobacco and/or CBD products will now be permitted in the General Commercial (GC) zoning district with development standards such as a minimum distance from other tobacco and/or CBD retailers, setbacks from protected uses like schools and daycares, and specifications for signage and lighting.  The category of "Commercial Uses" on the Permitted Use Table has been renamed as "Nonresidential Uses" as some of the uses included in this category were not necessarily commercial in nature. This change only affects the Permitted Use Table.  Standards have been added to section 9-1255 for the newly established Tobacco and/or CBD Retailer use, as described above. These standards include buffering from sensitive uses such as schools and daycares, lighting and signage requirements, and the prohibition of variances for this use. Per these new standards, retailers selling primarily tobacco and/or CBD products will be permitted only in the GC zoning district and in accordance with the above design standards.  The term "Development Projects" has been replaced with "Residential Development" as the title of subsection "l" in section 9-1255. This is in accordance with the edits made for clarity on the Permitted Use Table.  In subsection p. Miscellaneous Use, the word "storage" has been added to the Residential Vehicle Repair accessory use, as the section also provides standards on storage of vehicles on residential lots. Additionally, the section on storage of vehicles on residential lots has been modified to provide clarity and correct a grammatical error. Previously, the wording of the section was unclear and lead to user confusion on how many vehicles a private residence could have without required screening.  An incorrect reference in the Temporary Mobile Unit section has been corrected. The reference previously stated the user should seek more information in Article L, but the accurate reference section is Article M.  All instances of the use of the terms Household Living and Development Projects have been updated to reflect their new, more accurate terms Ancillary Residential and Residential Development as established on the Permitted Use Table. Section 2, Article G - Lot & Structure Provisions:  Clarification has been added to section 9-1300 that all subdivision lots shall also be subject to the standards of section 9-1458 which pertains to lot configuration. This does not change any of the standards but serves to cross-reference the requirements for ease of use.  Clarification has been added to section 9-1301 that establishes where the required setbacks of a lot should be dimensioned from. Previously, it was not clear that the established language meant the setback should reflect maximum right-of-way dedication of the future required right-of-way which lead to improper dimensioning of lots and lost right-of-way dedication. Section 3, Article I - Environmental Protection Standards:  Three (3) references in this section have been updated to reference the correct code section. No substantial changes have been made to the spirit or intent of this section. Section 4, Article J - Subdivision Regulations:  Language has been added to section 9-1455 to expand what is required to qualify a subdivision as a minor subdivision. Restricting a minor subdivision from being wholly within an environmentally sensitive area ensures only buildable lots will result from the subdivision. Reducing the time limit for repetitive minor subdivisions from every five (5) years to every three (3) years aligns our standards with our neighbors while still preventing a loophole for developers to avoid the requirements of a major subdivision.  Language has been added to section 9-1458 to expand the minor subdivision standards. Under the new standards, a petitioner could subdivide property up to eight (8) lots with added development standards. All lots must still conform with the underlying zoning district's standards and be located in the ETJ.  Language has been added to section 9-1462 that prevents any recreation unit fee from exceeding $5,000 per unit. This is in an effort to ensure that higher values do not artificially inflate the fees due. As the current standard determine the fee due based on a percentage of the tax assessed value of the land, fees-in-lieu for infill development and other one-off development projects that are already zoned residential, especially in the downtown areas, have become cost prohibitive. Section 5, Article L - Signs:  The Table - Permitted Signs has been updated to allow "Building Name or Marker" signs in the DC-1 and DC-2 zoning districts. Staff received interest from downtown building owners to install building name or marker signs which were not permissible in the downtown zoning districts until this proposal. (See Attachment B). Section 6, Article M - Thoroughfares, Drainage & Utility Standards:  Streetlights have been added to the list of items which may be required to be installed in the right-of-way of a development project. This clarification codifies policy to require the installation of both streetlights and pedestrian accommodations for sections of roadway exempt from roadway improvements.  Language has been added to section 9-1610 to further define private streets that may be applicable to the newly established expanded minor subdivisions. These standards give guidance for how a property owner may make a minor subdivision without being required to upgrade the private street being used to meet the frontage requirements. See Attachment C. Section 7, Article N - Parking, Loading, & Lighting Design Standards:  Language establishing parking standards for vertical mixed-use projects that are proposed in a zoning district other than form-based or the Downtown districts has been added to section 9-1652. The new calculation should allow for greater flexibility to provide appropriate parking for residents, their guests, and patrons of the nonresidential portions of the mixed-use. Section 8, Article O - Landscaping & Tree Protection Standards:  Section 9-1712 on street trees has been amended to provide further guidance on how street trees should be installed on lots as well as the maintenance of those trees. The proposed spacing mirrors the standards of many of our peer communities, provides a unified standard regardless of lot size, and serves to prevent street tree conflicts with utilities such as streetlights. As we have expanded and encourage a mix of the housing types within a development, the proposed installation spacing will create a cohesive tree canopy corridor.  Language on street tree spacing on nonresidential and open space lots has been moved from 9-1712 to 9-1714. Section 9-1712 is a more logical and convenient place for it to be located. No substantial changes to the intent of this section have been made. Section 9, Article P - Administrative Powers & Duties:  A reference in this section has been corrected per the update to the Residential Development section. No substantial changes to the intent of this section have been made. Section 10, Article S - Interpretations & Definitions:  Definitions for Ancillary Retail and Tobacco and/or CBD Retailer have been added.  The definition for Dwelling Unit has been amended to remove the reference to Household Living.  The definition for Household Living has been removed.  The definition for Subdivision, Minor has been updated to reflect the changes made to the expanded minor subdivision section as described above.  The definition for Unit Ownership has been amended to correct a reference. Section 11, Appendix C - Town Center Residential District:  The separation requirement between nonresidential uses in the TCR zoning district has been removed. Staff deemed it overly restrictive and found that nonresidential uses within the TCR zoning district will not overwhelm its intended purpose. Section 12, Appendix E - Certifications:  A statement has been added to the Town Clerk's Certification for annexation plats that indicates the book and page number where the ordinance for the annexation has been recorded with the Register of Deeds. This will enhance ease of use and reference for staff and the public and was requested by the Register of Deeds office. Management and staff recommend approval of the proposed town code amendment. It is reasonable and, in the public’s, best interest, as it improves upon the Land Development Ordinance's intent to modernize, provide sustainability, and allows for ease of use and enforcement, specifically concerning the Town's current standards. At the February 20, 2022, regular meeting, the Planning Board unanimously voted to recommend approval. The Planning Board members' discussion included the following:  Questions about Attachment C - Table - Private Streets and whether some of its contents were up to date with modern construction practices. Planning staff worked with the Engineering Department to ensure the construction standards were updated and changes were made to the "Road Construction" section of the chart. Additionally, staff worked with the Engineering Department to change the language regarding flood hazard areas in section 9-1455 to pertain to environmentally sensitive features. This was in an effort to clarify what could and could not be included as a lot resulting from a minor subdivision. Public Hearing – The public hearing was opened. No one spoke in favor or opposition to the proposed LDO Amendment #22 (CTA-2022-08). The public hearing was closed. Discussion – Mayor Massengill asked what the recommendation was from the Planning Board. Planning Director Davison stated that the Planning Board voted unanimously in favor of the proposed amendments. Commissioner Harris asked about the $5,000 cap per unit for Recreation Unit Fees. Planning Director Davison stated that proposal is intended to keep rec unit fees from discouraging infill development. Recommendation – Approve CTA-2022-08 Amendment #22, an amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, as presented and recommended by Town staff. The text amendment improves upon the Land Development Ordinance and is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (3-0) Ordinance No. PZ-23-01 CONSENT AGENDA 8A. Budget Amendment - Recognize Insurance Proceeds to Purchase Vehicle - BA-23-41 - $29,517. Purpose – To consider a budget amendment in the amount of $29,517 for insurance proceeds to replace the Economic Development Department vehicle. Recommendation – Approve Budget Amendment BA-23-41 as presented and recommended. 8B. Planning Board Amendment - Fuquay-Varina Planning Board Bylaws Purpose – To consider a proposed amendment of the Planning Board Bylaws to reflect a request to standardize the month of January's meeting date. Recommendation – Approve an amendment of the Planning Board By-Laws as recommended by management and staff. 8C. Surety/Performance Bond – South Lakes SF-8 – Delay of Site Frontage Improvements Purpose – To consider a surety request to delay the construction of the sidepath and street frontage landscaping as part of the South Lakes SF-8 Phase 1 plat, in the amount of $147,747.47. Recommendation – Approve the underlying agreement and acceptance of a surety for South Lakes SF-8 Phase 1 sidepath and street frontage landscaping in the amount of $147,747.47 as presented and recommended subject to Town Attorney review as to form. 8D. Project Ordinance - Downtown Varina Parking Lot Purpose – To establish a Project Ordinance for the Downtown Varina Parking Lot Project in the amount of $700,000. Recommendation – Establish a Project Ordinance for the Downtown Varina Parking Lot Project in the amount of $700,000 as presented and recommended. Ordinance No. N-23-05 8E. Contract Approval - FY 2022-2023 Audit - Cherry Bekaert, LLP Purpose – To consider approval of an audit contract for FY 2022-2023 with Cherry Bekaert, LLP with pricing for a 3-year term. Recommendation – Approve selection of Cherry Bekaert, LLP and authorize management to execute a contract for auditing services with Cherry Bekaert, LLP for FY 2022-2023 audit and pricing for a 3-year term as presented and recommended subject to Town Attorney approval to form. 8F. Special Event and Amplified Sound Permit Application - Fainting Goat - Carolina Copperheads 13U Baseball Team Fundraiser/Corn Hole Tournament - March 25, 2023 Purpose – To consider a special event and amplified sound permit request for the Carolina Copperheads 13U Baseball Team fundraiser at Fainting Goat Brewery scheduled for Saturday, March 25, 2023, as presented and recommended. Recommendation – Approve the special event and amplified sound permit request for the Carolina Copperheads 13U Baseball Team fundraiser at Fainting Goat Brewery scheduled for Saturday, March 25, 2023. 8G. Special Event Application and Amplified Sound Permit Request - Fuquay-Varina Growers Market Purpose – To approve a Special Event Application and Amplified Sound Permit for the Fuquay- Varina Growers Market scheduled every Saturday starting in April 2023 through October 2023 as presented and recommended. Recommendation – Approve a Special Event Application and Amplified Sound Permit for the Fuquay-Varina Growers Market scheduled for every Saturday starting in April 2023 through October 2023 as presented and recommended. 8H. Budget Amendment - Insurance Proceeds - Fire Department - Replacement of Tiger Statue at Fire Station #1 - (BA-23-42) Purpose – To consider a budget amendment that recognizes insurance proceeds/restitution for replacement of the Tiger Statue located in front of Fire Station #1 that was accidentally destroyed by a bus at the 2022 Fire Department Open House event. Recommendation – Approve budget amendment BA-23-42 as presented and recommended. A motion was made to approve Consent Agenda Items 8A-H. MOTION Commissioner Harris SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (3-0) Mayor Massengill referred to Consent Agenda Item 8D - Project Ordinance - Downtown Varina Parking Lot. He stated that parking downtown can be challenging and in Varina the big concrete pad (and lot) adjacent to the Ample Storage warehouse has been donated to the Town for use as a parking lot. He reported that the Town is getting ready to construct a high-class parking facility that will boost foot traffic in the Varina area. The parking facility will have over 100 parking spaces. Town Manager Mitchell stated that he appreciates the property owner being cooperative and working with the Town to develop this plan. Mayor Massengill asked when the construction would start on the parking lot and when it would be completed. Town Manager Mitchell stated the design concept has to be refined a little bit and the Town is working through legal matters to get closure on the property. He stated that he hopes to bid this project sometime late summer and by this time next year citizens will be able to utilize the parking lot. ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Budget Amendment (BA-23-38), Project Ordinance Amendment, and Contract Award - Terrible Creek WWTP Expansion Project - $5,383,490 Purpose – To consider a budget amendment, project ordinance amendments, and award of a design-build contract in the amount of $5,383,490 to Crowder Construction Company for the Terrible Creek WWTP Expansion Project. Staff Comments – Public Utilities Director Mike Wagner entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. Terrible Creek WWTP (TCWWTP) treats sanitary sewer in the Neuse River Basin for Town sewer customers. In June 2018, the plant's capacity was increased to 3 MGD, permitted to 6 MGD, and was anticipated to provide capacity until 2035. Robust growth in the service area currently provides average daily flows of approx. 1.4 MGD with allocated capacity (not yet tributary flows) exceeding 80% of the 3 MGD total capacity. Expansion of the TCWWTP is needed to accommodate long-term growth and sewer capacity needs. This project proposes to design and facilitate permitting necessary to upgrade the TCWWTP capacity to 6.0 MGD. The advantages of the Design-Build construction method include streamlined communication between the contractor, subcontractors, owner, faster project completion, increased collaboration, and cost savings. On September 6, 2022, the Public Utilities Department issued a Request for Qualifications (RFQ) for Design-Build services to expand the TCWWTP and received a Statement of Qualifications (SOQ) from one responsive consultant, Crowder Construction Company on October 4, 2023. To meet uniform procurement guidance, staff posted a second solicitation on October 5, 2023, to October 18, 2022, and received one responsive SOQ from the Crowder Construction Company. Public Utility staff worked with Crowder Construction Company, the Finance Department, and Town Attorney to negotiate a contract in the amount of $5,383,490 for the design portion of the design-build project. Design is expected to take 18-24 months for Phase 1 (design) and for Phase 2 (construction). Town management and staff recommend approving the design-build contract between the Town of Fuquay-Varina and Crowder Construction Company, the project ordinance amendment, and budget amendment BA-23-38 as presented and recommended. In addition, the Finance Director has included an intent to reimburse for this project, intending to reimburse the enterprise fund capital reserve upon receipt of Revenue Bond proceeds, which are planned to be borrowed at the construction award phase. The design-build services for the project are estimated to cost $5,383,490. This project will be funded using remaining project funds ($1,942,191) from the completed 2016 Terrible Creek WWTP Expansion Project budget, and budget amendment (BA-23-38) is requesting to appropriate and transfer $3,584,500 from Sewer Capital Reserve - Fund Balance Appropriation to the Project Ordinance to fund the entire design of the project. An intent to reimburse for the Bond funds declaration was provided for any funds expended before the issuance of the bonds. Upon issuance of the Revenue Bonds, revenue sources are anticipated to be amended to reflect the use of Revenue Bonds and the replenishment of the Enterprise Fund Balance. Discussion – Mayor Massengill asked when construction would be completed given that design is going to take 18 – 24 months. Public Utilities Director Wagner stated that construction should be completed in 2027. Recommendation – Approve the Terrible Creek WWTP Expansion Project Budget Amendment (BA- 23-38), Project Ordinance Amendment, and Contract Award to Crowder Construction Company to design and manage construction of the Terrible Creek WWTP Expansion Project in the amount of $5,383,490, as presented and recommended. MOTION: Commissioner Gardner SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed Unanimously (3-0) OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the following updates: o Finance – The Finance Department and staff will be busy over the next few weeks with development of the 2024 budget. They are also scheduled to upgrade the Town’s credit card payment system on Wednesday, March 8th from 10:00 am to 2:00 pm and there will be a brief outage for accepting e-utilities, e-permits and over-the-counter credit cards. o Parks & Recreation – The Parks & Recreation Department has completed Spring Youth Sports registration with over 4,000 participants. He also stated that adult softball and soccer registrations are open now. o Public Utilities – The Public Utilities Department has hired Bian Gonzalez and Connor Cash as Utility Maintenance Mechanics. o Economic Development – The Economic Development Department will host the Downtown Generational Master Plan Community Engagement Session on March 23, 2023 from 5:00 – 8:00 pm at the Fuquay-Varina Arts Center. o Arts Center – The Arts Center staff has been working with Downtown Development staff on a new mural scheduled to be installed by a local artist, Jermaine Powell, on the Absure Building facing the Vance Street parking lot beginning this week, weather permitting. The mural is a grant from the Realtor Association, and it will say “Welcome Home to Fuquay-Varina”. o Inspections – Inspections Director Chris Hinnant has worked hard to see that the former Tops Cleaners site has been addressed from a compliance standpoint and has been demolished. He thanked Inspections Director Hinnant and his staff for all their hard work on this project. 11B Project Status Report – March 2023 11C Fiscal Year 2023-2024 Budget Discussion – Mayor Massengill stated that the Town Board has had multiple opportunities for input on the budget between the retreat, the upcoming workshop and public hearing that was already held. He stated that this was an opportunity for the Town Board to mention anything else that they wanted to propose for the budget. Commissioner Gardner stated that she reviewed the 22 pages of the minutes from the recent Town Board Retreat, and it was astounding what management covered and she was pleased with the direction given to management at the retreat towards the budget process. The Town Board concurred. 11.D Coffee with a Cop - Eggs Up Grill - 1436 N. Main Street - Tuesday March 7, 2023 - 9:00 am - 10:30 am 11.E Arts Center - March 9, 2023, at 7:00 pm - Downtown Jazz: Swinging' into Spring, from Sinatra to Ellington, featuring Kate McGarry and Keith Ganz 11.F Arts Center - March 23, 2023, at 7:00 pm - Portrait of Aretha: Cece Teneal Celebrates the Queen of Soul 11.G Coffee with a Cop - HNTPP Clubhouse - 4621 Shady Greens Drive - Monday April 10, 2023 - 9:00 am - 10:30 am 11.H Arts Center - April 13, 2023, at 7:00 pm - Downtown Jazz: Sirens of Song-Ella Fitzgerald, Sarah Vaughn & Nina Simone, featuring Shana Tucker 11.I Arts Center - April 15, 2023, at 7:30 pm - Who Hijacked my Fairytale, featuring comedian Kelly Swanson 11.J Arts Center - April 29, 2023, at 7:30 pm - Rodney Marsalis and The Philadelphia Big Brass BOARD MEMBER COMMENTS Commissioner Gardner expressed her excitement, stating that this is the time of the year for more Town activities with the warmer months coming. She reported that the FVDA had their annual retreat and gathered a lot of exciting initiatives that are in the planning stages to help increase the vitality in the downtown core and bring foot traffic to our downtown areas. She stated the FVDA Board will be attending the NC Main Street Conference next week in Statesville, NC. She also reported that the Friends of the Museum Heritage Day will be on Saturday, May 6th. She then stated that the Project Status Report has 65 projects in many phases that are being tracked and that lets you know what kind of work is being done. She encouraged everyone to read the report. Commissioner Harris thanked management, staff, and the Communications Department for an outstanding State of the Town Video. He stated that the Town is doing so many projects and doing so much regarding the community. He reported that he liked the presentation from Jessica Rossi with Kimley-Horn, and he is excited that we as a community can continue to grow and be competitive according to the all the information that was presented. Mayor Pro-Tem Smith stated that Commissioner Gardner and Commissioner Harris have covered everything tonight and agrees with their comments. He stated that he is excited about what has been accomplished and really excited about what is on the horizon. Mayor Massengill stated that this past Friday was the Day of Schools in the community and several kids kicked off reading months at their schools and different events were held. He reported that he and other staff took time to go and read to the students that day. He thanked the staff for reading to the students. He also reported that he went to the Herbert Akins Middle School and was a judge for their talent show. He stated that it was very impressive what middle school aged students can do from singing, playing instruments, and even a magic show. The following items are Mayor Massengill’s past and future events: Past Events 2/22 – Chamber Business After Hours – Elected Officials – Gold Leaf Collective 2/22 – NCLM Town & State Dinner – Raleigh 2/23 – TCC Annual Meeting 3/1 – Kid Shadow – Michael Favreau 3/3 – Ballentine Elementary Ready Initiative 3/3 – Metro Mayors Call 3/3 – Read at Herbert Akins Elementary School 3/3 – Judge for Talent Show at Herbert Akins Middle School 3/6 – State of the Town Upcoming Events 3/7 – Coffee with a Cop 3/10 – Metro Mayor’s Call 3/11 – Fainting Goat St. Baldrick Fundraiser 3/14 – Chamber Ribbon Cutting – Pelican Snowballs 3/15 – FV Chamber Board Meeting 3/17 – Metro Mayor’s Call 3/19 – American Legion Chili Cook Off Judge 3/20 – Speak at Herbert Akins Elementary School 4 th Grade 3/20 – Wake County Mayor’s Association Meeting 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 8:18 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULT: Passed Unanimously (3-0) RETURN TO OPEN SESSION____________ The Town Board returned to open session at 8:52 p.m. with nothing to report out of closed session. ADJOURNMENT A motion was made to adjourn the meeting at 8:52 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULT: Passed Unanimously (3-0) The minutes from the March 6, 2023, Town Board of Commissioners regularly scheduled meeting are adopted this 21st day of March in the year 2023 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, March 06, 2023 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 - February 21, 2023 Town Board of Commissioners Regular Scheduled Meeting and February 9-10, 2023 Town Board Strategic Planning Retreat. 4. Presentations 4.A Presentation - Commercial Real Estate and Hotel Feasibility Market Study Report - Kimley-Horn and Associates - (McNeil and Jessica Rossi) 4.B Year of the Trail Story Board Presentation and Proclamation - (Weis/Massengill) 5. Public Comment The public is invited to address the Town Board. 6. Items Tabled From Previous Meeting 7. Public Hearing 7.A Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #22 - CTA-2022-08 - (Davison) 8. Consent Agenda 8.A Budget Amendment - Recognize Insurance Proceeds to Purchase Vehicle - BA-23-41 - $29,517 - (McNeill) 8.B Planning Board Amendment - Fuquay-Varina Planning Board Bylaws - (Davison) 8.C Surety/Performance Bond – South Lakes SF-8 – Delay of Site Frontage Improvements - 1 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA MARCH 06, 2023 PAGE 2 (Davison) 8.D Project Ordinance - Downtown Varina Parking Lot - (Poling) 8.E Contract Approval - FY 2022-2023 Audit - Cherry Bekaert, LLP - (Crabtree) 8.F Special Event and Amplified Sound Permit Application - Fainting Goat - Carolina Copperheads 13U Baseball Team Fundraiser/Corn Hole Tournament - March 25, 2023 (McNeill) 8.G Special Event Application and Amplified Sound Permit Request - Fuquay-Varina Growers Market - (McNeill) 8.H Budget Amendment - Insurance Proceeds - Fire Department - Replacement of Tiger Statue at Fire Station #1 - (BA-23-42) (Jones) 9. Items Removed From Consent This section is reserved for items removed from the consent agenda for separate consideration. 10. Administrative Reports 10.A Budget Amendment (BA-23-38), Project Ordinance Amendment, and Contract Award - Terrible Creek WWTP Expansion Project - $5,383,490 - (Wagner/Crabtree) 11. Other Business 11.A Manager's Report 11.B Project Status Report - March 2023 11.C Fiscal Year 2023-2024 Budget Discussion - (Massengill/Mitchell/Matthews) 11.D Coffee with a Cop - Eggs Up Grill - 1436 N. Main Street - Tuesday March 7, 2023 - 9:00 am - 10:30 am 11.E Arts Center - March 9, 2023 at 7:00 pm - Downtown Jazz: Swinging' into Spring, from Sinatra to Ellington, featuring Kate McGarry and Keith Ganz 11.F Arts Center - March 23, 2023 at 7:00 pm - Portrait of Aretha: Cece Teneal Celebrates the Queen of Soul 11.G Coffee with a Cop - HNTPP Clubhouse - 4621 Shady Greens Drive - Monday April 10, 2023 - 9:00 am - 10:30 am 11.H Arts Center - March 23, 2023 at 7:00 pm - Portrait of Aretha: Cece Teneal Celebrates the Queen of Soul 11.I Arts Center - March 23, 2023 at 7:00 pm - Portrait of Aretha: Cece Teneal Celebrates the Queen of Soul 11.J Arts Center - April 29, 2023 at 7:30 pm - Rodney Marsalis and The Philadelphia Big Brass 2 2 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA MARCH 06, 2023 PAGE 3 12. Town Board Member Comments Mayor and Commissioners 13. Closed Session 14. Adjourn IN ACCORDANCE WITH ADA REGULATIONS, PLEASE NOTE THAT ANYONE WHO NEEDS AN ACCOMODATION TO PARTICIPATE IN THE MEETING SHOULD NOTIFY THE TOWN CLERK AT (919) 552-1401 AT LEAST 48 HOURS PRIOR TO THE MEETING. 3 3

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