Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting May 1, 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 May 1, 2023, at 7:00 Vacant Seat - Commissioner Adam G. Mitchell, Town Manager p.m. was held at the Fuquay-Varina Town Hall, 134 Mark D. Matthews, Assistant Town Manager 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, and Bryan Haynes. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Jim Seymour, Town Clerk Rose Rich, Town Attorney James Adcock, IT Director Scott Clark, and various other department directors. Assistant Town Manager Mark Matthews was absent due to being sick. CALL TO ORDER Mayor Massengill called the meeting to order at 7:01 pm. INVOCATION AND PLEDGE Mayor Pro-Tem Smith provided the invocation and Engineering Construction Inspector Gary Janshego 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 May 1, 2023, Town Board of Commissioners Regular Scheduled meeting. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (4-0) PRESENTATIONS 4A Proclamation - National Public Service Week - May 7-13, 2023 Purpose – To present a Mayor's Proclamation recognizing National Public Service Week in the Town of Fuquay-Varina, May 7-13, 2023. Mayor Massengill read the proclamation and stated that the real heroes of the Town of Fuquay- Varina are the Town Employees. He stated that he and the Town Board appreciates the employees and what they do for the Town of Fuquay-Varina. 4B Proclamation - National Police Week - May 11-17, 2023 Purpose – To present a Mayor's Proclamation recognizing National Law Enforcement Week May 11-17, 2023. Mayor Massengill read the proclamation for National Law Enforcement Week, and he stated that the Town of Fuquay-Varina has an incredible Police Department. He stated that Fuquay-Varina continues to get rated as the top place to live in Wake County, North Carolina, and America due to the employees in the Police Department that keep citizens safe every day. He thanked Police Chief Medina, the Police Captains, and Officers for what they do every day. 4C Presentation - Erosion and Sedimentation Control Local Program Award Purpose – To recognize staff from the Town's Engineering Department for winning the North Carolina Department of Environmental Quality's (NCDEQ) Erosion and Sedimentation Control Local Program Award. Staff Comments – Engineering Director Matt Poling entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information about the agenda item and made the following. The North Carolina Sedimentation Control Commission recognizes the importance and the value of local erosion and sediment control programs in controlling pollution by sedimentation to the waters of the State. At this year's Annual Local Program Workshop, the Town of Fuquay-Varina was recognized as having an outstanding local government program and was nominated by the North Carolina Department of Environmental Quality Land Quality Section staff. Each year awards of excellence are presented to qualifying local programs in two categories: 1) Small Program – Program providing 0-3 years or full-time equivalents supporting erosion and sediment control; and 2) Large Program – Program providing 3+ years or full-time equivalents supporting erosion and sediment control. This Years evaluation period ran from the Spring of 2022 through the Spring of 2023. Out of 50+ Local Programs across the State, the three programs nominated for the award were the City of Charlotte, Chatham County, and the Town of Fuquay-Varina. Because of the knowledge, work ethic, and educational efforts of the Town of Fuquay-Varina Staff, the Fuquay- Varina was selected as the 2023 Erosion and Sedimentation Control Local Program Award for a Large Program. The Town of Fuquay-Varina's erosion and sedimentation control program includes jurisdiction within the Town's Corporate limits and its ETJ.  The Town's Erosion and Sedimentation Control Program includes many activities: 1) Requiring a preconstruction meeting for all projects. 2) Town staff can place holds on various permits and construction inspections as additional tools to bring sites into compliance. 3) Town Staff utilizes sections of the Land Development Ordinance (LDO) regarding illicit discharge and stormwater control to enforce proper waste management on construction sites and note when potential NCG01 violations are seen. 4) The use of frequent inspector presence on site to help guide the development community into compliance. In addition, Fuquay-Varina staff joins other Local Programs within the Triangle area to hold "Lunch and Learn" opportunities for the regulated community. The Town also educates local schools holding four events that reached over 300 students last year. Finally, the State has expressed its thankfulness for the Town's presence before the Sedimentation Control Commission in explaining innovative enforcement techniques and how local enforcement tools work to get construction sites into compliance with the Sediment Act. Mayor Massengill congratulated the Engineering Department, and he commended them for winning the award over larger governmental units such as the City of Charlotte and Chatham County. 4D Employee Recognition Purpose – To recognize a town employee for a professional development achievement. Town Manager Adam Mitchell introduced Mr. Kevin Tingen who is an instructor and developer with the North Carolina Justice Academy, the North Carolina Justice Academy Leadership Certification Program, and the North Carolina Justice Academy Leadership Institute. Mr. Tingen stated that he oversees the leadership certification program through the North Carolina Justice Academy which oversees the training for law enforcement throughout the state. He presented Police Chief Brandon Medina with the leadership certificate which took him 400  hours to complete. He stated Police Chief Medina exemplifies police leadership in every way possible. Police Chief Brandon Medina thanked Mr. Tingen for the honor, and he stated that he has been a lighthouse for him and his professional development as well as other supervisors in the Police Department. Mayor Massengill stated that Police Chief Brandon Medina has done an incredible job in the year he has been with the Town of Fuquay-Varina, and he thanked him for completing the program. 4E Recognition - Commissioner William Harris Purpose – To recognize Commissioner William Harris for his installation as the North Carolina League of Municipalities 2023-2024 President. Mayor Massengill reported that Commissioner William Harris has been on the Town Board for many years and has worked very hard for the Town of Fuquay-Varina. He reported that Commissioner Harris was recently elected to be the President of the North Carolina League of Municipalities (NCLM). The NCLM is an organization that represents all municipalities and cities in the Stated of North Carolina. He stated that this is a distinct recognition and a great honor. He reported that the Town Board got together on April 27th in Concord, North Carolina to witness the swearing-in ceremony for Commissioner Harris as President of the NCLM. Commissioner Harris reported that the NCLM is an advocacy organization for 540 towns and cities throughout North Carolina. The NCLM overall responsibility is to advocate and be a voice for Mayors and Council men and women throughout North Carolina for legislation that impacts small cities. They also assist with grant funding and legal assistance for smaller cities. He acknowledged that his wife and daughters were in attendance at the board meeting. He stated that he expressed his appreciation for the recognition, and he was elated that the Town Board and Management attended the swearing-in ceremony. He also appreciates the video that was down by Town Staff expressing well wishes upon the occasion. 4F FY 24 Operating Budget and Five-Year Operating and Capital Plan Presentation Purpose – To receive a presentation of the Town Manager's Fiscal Year 2024 Recommended Budget and consider scheduling a public hearing for May 16, 2023. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information about the agenda item and made the following. On April 17, 2023, the Town's Governing Board received a presentation regarding the preliminary draft proposed FY 2024 budget. A balanced budget and five-year operating and capital plan were presented along with identified human resource needs, facilities, and the capital equipment to maintain and in some cases improve service levels as customers and Town infrastructure has increased workload demands on Town staff. The Town Manager's Recommended Budget reflects two changes to note since the Budget Work Session presentation: 1.) The addition of 2 Full-Time Employees (FTE) Police Officers to provide a greater level of visibility and coverage in the downtown districts, per Town Board feedback and Citizen Survey responses, and 2.) A solid waste monthly fee increase of $1 to provide cost recovery for sanitation, recycling, and yard debris collection. In addition to receiving an abbreviated presentation of the Recommended Budget, the Town Board was presented with the FY 24 budget video followed by being asked to take action to schedule a budget public hearing for May 16, 2023, as required by NC General Statute. Along with the pre-budget public hearing that the Town traditionally holds during the month of February, the opportunity for pre-budget public input was provided on the Let’s Talk FV community engagement platform. This opportunity will continue through May 16. Public input was taken into consideration in the development of the FY 2024 budget. Management's recommendation is to schedule a budget public hearing for May 16, 2023, as required by NC General Statute. During this budget public hearing, the public will have the opportunity to offer input and feedback prior to budget adoption. Between May 2 and June 5, the public will have the opportunity to review the budget on the Town’s website as well as offer any input and/or feedback. The proposed FY 2024 General Fund Budget totals $57,396,062. The recommended budget proposes a property tax rate of 45.5 cents for every $100 in value. This includes a 3-cent property tax rate increase to partially offset the expense related to the construction (debt service) and operating costs of the Community Center North. A property tax rate increase for this purpose was planned for in the Adopted Five-Year Plan. The bond referendum information shared with the voters stated, “the total expected construction costs are estimated at $25 million, and the anticipated cost could require a 4.5 cent adjustment to the tax rate”, while also sharing that the Town Board expects to mitigate the impact through tax base growth, leveraging other funding sources, and competitive bid prices. The Town has used these strategies to secure grant funding and manage cost, and in doing so expects to deliver a Community Center that includes both Phase I and II construction to address surging demand in parks and recreation programs while mitigating the impact on the tax rate. The proposed budget also includes a change in solid waste fees from $20 to $21 per month to achieve cost recovery for sanitation, recycling, and debris collections services, the addition of a new planning zoning map and / or master plan change fee to cover the cost of revising maps and updating master plans ($450 per permit / per change), and construction inspection fees for private or public utility lines are increased from $.75 to $1.50 per linear foot, consistent with Wake County municipal peers to cover cost increases associated with the delivery of those inspections. The full Fee Schedule was provided with greater detail. The Utility Fee Schedule proposes several changes including a 20% increase in water and sewer base and volumetric rates, consistent with the rate model study completed in FY 2023, to generate the additional revenue needed to cover the cost of water supply, wastewater treatment, and debt service associated with major public utility infrastructure investments within the Five- Year Plan. The proposed budget also recommends bringing the Water System Development Fee to $3,912 and the Sewer System Development Fee to $3,891, based a System Development Fee Study completed in FY 2023, to assist in supporting the expansion of water and wastewater infrastructure. The full Utility Fee Schedule was provided with greater detail. The Five-Year Operating and Capital Plan is balanced. The Five-Year Plan identifies the need for a 3.5-cent tax rate increase in FY 2025 to offset debt service associated with advancing $23.7 Million in voter-authorized transportation bonds to construct 7 additional transportation projects over the next two years, in addition to the 9 projects already underway. The plan includes the addition of personnel, capital equipment, and capital projects to match the pace of growth and is consistent with the direction set by the Town Board at the Strategic Planning Retreat and the Town's 2021-2025 Strategic Plan. The Five-Year Plan also takes into consideration recommendations from various Town master plans and studies. Additionally, the Five-Year Plan anticipates the need for water and sewer volumetric rate increases every year to offset the anticipated supplier increases and to cover the debt service required for additional water capacity for system users, consistent with the utility rate study. Mayor Massengill stated that there have been several public sessions and a public workshop leading up to the budget. He reported that the citizens can go online and look at the full details of the budget and all information. He reported that the Parks and Recreation Bond that was approved two years ago proposed a four and half cents tax increase and in this budget is shows less than three cents. Town Manager Mitchell recognized Communications Director Susan Weis for collaborating with Amazing Studios for the development of the budget video. Mayor Massengill also thanked her, Amazing Studios, Finance Director JoAnne Crabtree and Katie Lumb for all their hard work on the proposed budget. Recommendation – Schedule a public hearing on the Town of Fuquay-Varina Fiscal year 2024 budget for May 16, 2023. MOTION: Commissioner Gardner SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed Unanimously (4-0) PUBLIC COMMENTS 5A The following citizens spoke in opposition to the U-5751 Transportation Project: Kathie Marshall, 1411 New Moon Court, Fuquay-Varina (Alternative 1 and 2), Kelly Harrell, 1417 New Moon Court, Fuquay-Varina (Alternative 1 and 2), Rob Reinhart, 1417 New Moon Court, Fuquay-Varina (Alternative 1 and 2), Jennifer Bishop, 1409 Products Road, Fuquay-Varina (Alternative 3), Jessica Wilde, 1401 New Moon Court, Fuquay-Varina (Alternative 1 and 2), and Jocelyn Thomas, 809 East Ivy Valley Drive, Fuquay-Varina ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the May 1, 2023, Town Board meeting. PUBLIC HEARINGS 7A Agreement for Purchase and Sale of Real Property - Pursuant to N.C. Gen. Stat. §158-7.1 Economic Development - White Swan Construction, LLC - Portion of 133 S. Fuquay Avenue (PIN 0666070187) and portion of 209 Raleigh Street (PIN 0666072159) Purpose – To consider the sale of real property for the White Swan Construction, LLC downtown commercial restaurant project. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information about the agenda item and made the following remarks. White Swan Construction, LLC ("Company"), a construction and management firm specializing in hospitality development, commercial, retail, and restaurant projects, has proposed to purchase a portion of the property located at 133 S Fuquay Avenue and an adjacent portion of property located at 209 Raleigh Street (approximately 1,800 SF) to construct a steakhouse restaurant within the Downtown Fuquay District. The Company proposes purchasing the Town-owned property and creating a downtown restaurant destination adding $1,940,000 of new downtown investment and creating 25 new full-time and part-time employees. As part of the sale and purchase agreement terms and conditions, the Company agrees to renovate the building to a new downtown restaurant that adds significant tax value to the community and creates new jobs. The deed conveying the property will include a use restriction covenant restricting the use of the property to restaurant use only, as defined as a commercial establishment where food and beverages are prepared, served, and consumed within the building to be located on the property. The property at 133 Fuquay Avenue includes a parking lot that will not be sold as part of the sale agreement and will be retained by the Town as a public parking lot. The number of parking lot spaces in this lot will not be reduced as part of this agreement. The Town intends to grant the Company a non-exclusive, perpetual easement via the parking lot to access the Company's property. Also, as part of the property sale agreement, the Town has included a Right to Repurchase condition where in the event the Company does not open the restaurant for business within 36 months from the closing date, the Town has the right to repurchase the property for the sale amount of $740,000. In addition, if the Company desires to sell the property within five years of the closing date, the Town will have the right to repurchase the property for the sale amount of $740,000. Management and staff recommend and support the proposed agreement and sale of property and believe the development of this downtown infill project will continue to demonstrate the Town's commitment to fostering public-private partnerships with its local developers that provide significant tax base and employment opportunities for the citizens of Fuquay-Varina. Public hearing notices authorizing the proposed sale of real property for economic development purposes have been published pursuant to North Carolina General Statutes. The purchase price for the two properties is $734,000 for the portion of 133 S. Fuquay Avenue Tract and $6,000 for the portion of the 209 Raleigh Street Tract. The total sale price for both properties is $740,000. White Swan Construction, LLC is proposing to invest $1,940,000 in new capital improvements and property acquisition to construct a commercial downtown restaurant project that will create a new tax base and add 25 new full/part-time employment opportunities. In addition, the proposed commercial restaurant investment will produce new property tax revenue and add a new amenity to the downtown community. The Town Attorney will negotiate the Right of Repurchase agreement to be recorded at closing with terms substantially as set forth in the Agreement for Purchase and Sale of Improved Real Property. It will include terms for the Town to repurchase the property for $740,000.00 if (i) the Company does not open the Intended Use (restaurant) for the property within 36 months of closing or (ii) if the Company attempts to sell the property within five years from the date of closing. The property has been vacant and unused for several years. The property's total Wake County tax value is $802,429. Since the Town owns this property, there is no collected property tax. The sale of this property is justified by the investment in a stable and growing downtown community with great demand for downtown work, live, and visitor amenities. Public Hearing – The public hearing was opened. Charles Lindsay, 4100 Bankstone Drive, Fuquay-Varina spoke in favor of the purchase agreement for the sale of real property. John Adcock, 202 East Academy spoke in favor of the agreement for the sale of real property. Shirley Simmons, 6365 Rawls Church Road, Fuquay-Varina spoke in opposition to the agreement for the sale of real property, and she stated that she feels that a better use of the building would be to extend the museum for archive purposes and to provide office space for a full-time person to oversee the museums. Mrs. Simmons expressed disappointment that the Town Board chose to consider selling the property. Debbie Simple a resident at 512 Sloping Hill Lane, Fuquay-Varina and a member of the Friends of the Museums, spoke in opposition to the agreement for the sale of the Town owned property. The public hearing was closed. Discussion – Commissioner Harris asked if the property has restricted covenants if something was to happen and the steak restaurant was not built. Town Attorney James Adcock stated that the deed would say that it would need to be used for a restaurant only. If that was violated the Town could take the property back for the same amount of money that the property was purchased for after five years. Mayor Massengill stated that a public notice was given regarding the sale of the property as required by state law. He reported that the Town supports the Museum and the Friends of the Museum and has been a donor to the museum for a while. The building was never promised to the museum. He reported that the Town does support the museum with marketing, IT services and provides a building that is rent free, and the maintenance is free. He also reported that the property being considered for sale will create more than $20,000 in additional tax revenue with 25 additional jobs to the community. He stated that with people coming to the restaurant that it would be a way for citizens to see our downtown, see the museums and possibly a way to spark interest for new volunteers for the museum. He reported that the Town Board has heard requests from citizens for a downtown steakhouse that would help promote a vibrant downtown. He stated that this can only help the museum and help bring public participation and visibility into this downtown area. Mayor Pro-Tem Smith stated that one of the things he hears since being on the Town Board is that the Town needs more choices for fine dining. He reported that you want to see restaurants go into areas where there is a lot of foot traffic and this restaurant is across the street from the Cultural Arts Center, within walking distance of downtown and has a public parking lot beside the restaurant. He stated that he took a stand against expanding alcohol use in the downtown area and that seeing a vibrant business come downtown would be a better way to grow downtown. In addition, having a nice restaurant downtown is what he envisioned as something that would help better grow the downtown. He reported that he supports the sale of this property to this developer. Commissioner Gardner stated that she serves as liaison to the Friends of the Museum Board. She stated that she supports the Museum and understands the feeling of the people who spoke in opposition tonight. She reported that this process needs to take place at this time and there is a consultant for the Generational Plan which she hopes the Museums would be an integral part. She agrees with the statements from Mayor Pro-Tem Smith about this being an economic development opportunity and there is no tax base for the Town when the Town owns property. It is costing the town money to maintain the building. She reported that this is an opportunity that fills many other needs. She reported that she hears requests from citizens for the need for a better balance between commercial tax base and residential tax base because the commercial tax base helps to lower the residential tax base and the Board is always trying to work on that balance. She stated that she is in favor of the sale of this property. Commissioner Haynes stated that he supports the museums. He reported that the citizens have been asking for a nice restaurant in the downtown area, but the decision to consider the sale of the property does not mean that the Board is not going to support the museum. Commissioner Harris stated that he is for economic development and that the Town needs to be transparent. He reported that there must be a balance and that he struggles with economic development, sustaining the quality of life and the value of a rich downtown, which has a unique culture. He stated that he has concerns about the restrictive covenants, economic environment and doesn’t have a lot of promises that this project will work. He reported that the Town is sacrificing the idea and concept of preserving character for the community. He stated that he is not in support of the sale of this property. Mayor Massengill stated that the Generational Plan is on track and a bid was awarded and the plan will be completed in 18 months from start to finish. He thanked everyone from both sides of the conversation tonight and he assured that the museum is going to continue to be supported in the community and that Heritage Day is this Saturday at the museum. Recommendation – 1) Approve the sales price of $740,000 and related conditions for the sale of a portion of real property owned by the Town located at 133 S Fuquay Avenue (PIN 0666070187) and a portion of real property located at 209 Raleigh Street (PIN 0666072159), subject to Town Attorney as to form; and 2) Authorize the Town Manager to execute Agreement for Purchase and Sale of Real Property Agreement pursuant to N.C. Gen. Stat. §158-7.1 Economic Development in the amount of $740,000 for the proposed White Swan Construction, LLC downtown commercial restaurant project as presented and recommended, subject to Town Attorney as to form. The board has determined that the Property is being held for economic development purposes under N.C. Gen. Stat. §158-7.1 and that the property is being sold for fair market value. The board has considered the number of jobs and probable average hourly wage to be paid to workers by the business to be located at the Property to be conveyed. Notice of this project's public hearing for the recommended economic development appropriations and sale of property has been advertised pursuant to N.C. Gen. Stat. §158-7.1 – Economic Development.  MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed (3-1) (Commissioner Harris voted in opposition to the motion.) 7B Voluntary Annexation Petition - JR Woodward Properties, LLC - 1803 NC 42 Hwy, Willow Spring, NC - PIN 0677906016 - ANX-2023-05 Purpose – To consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a petition for voluntary annexation of property owned by JR Woodward Properties, LLC located at 1803 NC 42 Hwy, Willow Spring, NC, PIN 0677906016, containing approximately 1.007 acres, and to approve the Declaration of Annexation Agreement. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda as follows: The subject property is non-contiguous to the Town's corporate limits. Town water is available to the property, but sewer is not available. This is a commercial property; therefore, the Town will not provide sanitation and recycling services. A fire flow test was conducted, resulting in an adequate fire flow of 1,358 gallons per minute. The petitioner has signed an annexation agreement related to providing Town services. At the April 18, 2023, Town Board meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation. The Town Clerk certified that the petition was sufficient and met the requirements prescribed by the North Carolina General Statutes. The Town Board also adopted a resolution setting the public hearing for the May 1, 2023, Town Board meeting. The present total value of the property is $320,951. Public Hearing – The public hearing was opened. No one spoke in favor or opposition to the voluntary annexation petition. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter.  Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by JR Woodward Properties, LLC located at 1803 NC 42 Hwy, Willow Spring, NC - PIN 0677906016 (ANX-2023-05) and to approve the Declaration of Annexation Agreement as presented and recommended. Ordinance No. N-23-14 MOTION: Commissioner Haynes SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (4-0) 7C Voluntary Annexation Petition - Davidson Homes LLC - 6500 Old Mills Road (Lot 157) - PIN 0678141490 - ANX-2023-06 Purpose – To consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina, following the receipt of the petition for voluntary annexation of property owned by Davidson Homes LLC (Lot 157) containing approximately .92 acres, and to approve the Declaration of Annexation Agreement signed by the owner. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item and made the following remarks. The subject property is non-contiguous to the Town's corporate limits. Town water is available to the property, but sewer is not available. The subject property will be served with Town sanitation and recycling services. A fire flow test was conducted, resulting in an adequate fire flow of 1,276 gallons per minute. The property contains approximately .92 acres and is located at Hilltop Needmore Road and Old Mills Road. The petitioner has signed an annexation agreement related to providing Town services. At the April 18, 2023, Town Board meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation. The Town Clerk certified at that time that the petition was sufficient and met the requirements prescribed by the  North Carolina General Statutes. The Town Board also adopted a resolution setting a public hearing for the May 1, 2023, Town Board meeting. The present total value of the property is $90,250. Public Hearing – The public hearing was opened. No one spoke in favor or opposition to the voluntary annexation petition. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Davidson Homes LLC, LLC (Lot 157) - ANX- 2023-06, and to approve the Declaration of Annexation Agreement as presented and recommended. Ordinance No. N-23-15 MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (4-0) 7D Voluntary Annexation Petition - Davidson Homes LLC - 6525, 6529, 6533, and 6537 Sunset Lake Road - PIN's 0668631002, 0668622900, 0668623708, and 0668624606 - ANX- 2023-07 Purpose – To consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following the receipt of the petition for voluntary annexation of property owned by Davidson Homes LLC containing a total of approximately 3.19 acres, and to approve the Declaration of Annexation Agreement signed by the owner. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item as follows: The subject property is non-contiguous to the Town's corporate limits. Town water is available to the property, but sewer is not available. The subject property will be served with Town sanitation and recycling services. A fire flow test was conducted, resulting in an adequate fire flow of 1,188 gallons per minute. The property contains approximately 3.19 acres and is located on Sunset Lake Road. The petitioner has signed an annexation agreement related to providing Town services. At the April 18, 2023, Town Board meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation. The Town Clerk certified at that time that the petition was sufficient and met the requirements prescribed by the North Carolina General Statutes. The Town Board also adopted a resolution setting a public hearing for the May 1, 2023, Town Board meeting. The present total value of the property is $418,000. Public Hearing – The public hearing was opened. Joe Chabot, representing Davidson Homes, LLC, 1903 N. Harrison, Ste 200, Cary, NC spoke in favor of the voluntary annexation petition. No one spoke in opposition to the voluntary annexation petition. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Davidson Homes LLC, - ANX-2023-07, and to approve the Declaration of Annexation Agreement as presented and recommended. Ordinance No. N-23-16 MOTION: Commissioner Harris SECOND: Mayo Pro-Tem Smith MOTION RESULTS: Passed Unanimously (4-0) CONSENT AGENDA 8A. Special Event Application and Amplified Sound Permit Request - Mason Jar Lager - Duck Duck Jeep Benefiting Military Missions in Action - May 20, 2023 Purpose – To consider approval of a special event and amplified sound permit for Mason Jar Lager - Duck Duck Jeep Benefiting Military Missions in Action scheduled for Saturday May 20, 2023. Recommendation – Approve the Special Event Application and Amplified Sound Permit for Mason Jar Lager - Duck Duck Jeep Benefiting Military Missions in Action scheduled for Saturday, May 20, 2023, as presented and recommended. 8B. Special Event Application and Amplified Sound Permit - Fainting Goat - Golden Hawks Corn Hole Tournament - May 27, 2023 Purpose – To consider approval of a special event permit application and amplified sound permit request for the Fainting Goat - Golden Hawks Corn Hole Tournament - May 27, 2023. Recommendation – Approve a special event application and amplified sound permit request for the Fainting Goat - Golden Hawks Corn Hole Tournament - May 27, 2023, as presented and recommended. 8C. Special Event Application - Fainting Goat - GiveBack GetDown - May 20, 2023 Purpose – To The purpose of this agenda item is to consider approval of a special event permit application request for the GiveBack GetDown scheduled for Saturday, May 20, 2023 Recommendation – Approve a special event permit request for the GiveBack GetDown event scheduled for May 20, 2023, as presented and recommended. 8D. Special Event Application and Amplified Sound Permit Request - Fuquay-Varina Chamber of Commerce - Run the Quay - June 03, 2023 Purpose – To consider a Special Event Application and Amplified Sound Permit for the Fuquay- Varina Chamber of Commerce's 2023 Run the Quay Event scheduled for Saturday, June 3, 2023. Recommendation – Approve a special event Application and Amplified Sound Permit for the Fuquay-Varina Chamber of Commerce's 2023 Run the Quay Event scheduled for Saturday, June 3, 2023, as presented and recommended. 8E. On-Call Selection - Construction, Engineering, Inspection Services (CEI) Purpose – To consider entering into a two-year agreement with four firms for on-call Construction, Engineering, and Inspection (CEI) services. Recommendation – Approve the selection of firms TranSystems, JMT, A. Morton Thomas & Associates (AMT), and RK&K for On-Call Construction, Engineering, and Inspection (CEI) services and authorize the Town Manager to enter a two-year on-call CEI services agreement with the recommended firms in the form of an agreement acceptable to the Town Attorney. Ø Commissioner Harris requested to remove this item from the Consent Agenda for discussion. 8F. Budget Amendment - Recognizing Revenue - Additional Garbage Carts and Solid Waste Expenses - BA-23-49 Purpose – To consider approval of a budget amendment to recognize revenue to support FY 2023 Sanitation and Debris related expenses.  Recommendation – Approve BA-23-49 recognizing projected Sanitation/Recycling/Solid Waste Revenue as presented and recommended. 8G. Ordinance - Demolition and Removal of Building located at 534 N Main Street, Fuquay-Varina, NC 27526 Purpose – To adopt an ordinance for the demolition and removal of the building located at 534 N Main St. formally known as Tops Cleaners. Recommendation – Approve an ordinance and notice of lien for the demolition and removal of the building located at 534 N Main Street, Fuquay-Varina, NC 27526. Ø Commissioner Harris requested to remove this item from the Consent Agenda for discussion. A motion was made to approve Consent Agenda Items 8A, 8B, 8C, 8D, and 8F. MOTION Commissioner Harris SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (4-0) ITEMS REMOVED FROM CONSENT 9A (Consent Agenda Item 8-E) On-Call Selection - Construction, Engineering, Inspection Services (CEI) Purpose – To consider entering into a two-year agreement with four firms for on-call Construction, Engineering, and Inspection (CEI) services. Recommendation – Approve the selection of firms TranSystems, JMT, A. Morton Thomas & Associates (AMT), and RK&K for On-Call Construction, Engineering, and Inspection (CEI) services and authorize the Town Manager to enter a two-year on-call CEI services agreement with the recommended firms in the form of an agreement acceptable to the Town Attorney. Commissioner Harris asked if this was contractual and if the amounts of the contracts are their standard amounts. Town Manager Mitchell stated that this is a procedure for pre-selecting a qualified firm that can provide services and it helps save substantial procedural time. He stated that this is specific to the Engineering Department, and it is primarily related to transportation, sidewalks and greenway projects. Town Manager Mitchell reported that exact contract fees will be negotiated with on-call vendors as projects occur and scope and services are defined. (Consent Agenda Item 8-G) Ordinance - Demolition and Removal of Building located at 534 N Main Street, Fuquay-Varina, NC 27526 Purpose – To adopt an ordinance for the demolition and removal of the building located at 534 N Main St. formally known as Tops Cleaners. Recommendation – Approve an ordinance and notice of lien for the demolition and removal of the building located at 534 N Main Street, Fuquay-Varina, NC 27526. Commissioner Harris asked if there was any response from this property owner. Town Manager Mitchell stated that there was no response from the property owner regarding this matter. He also stated that this item is a procedural step required of the Town Board so the Town has an demolition order ordinance on file so that the Town can apply a lien against the property and hopefully recollect the investment when the property is eventually sold. Ordinance No. N-23-17 A motion was made to approve Consent Agenda Items 8E and 8G.  MOTION Commissioner Harris SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (4-0) ADMINISTRATIVE REPORTS 10A Resolution - North Carolina Department of Environmental Quality - Asset and Inventory Planning Grant - Project Ordinance Purpose – To consider adoption of a Resolution and accept the American Rescue Plan (ARP) funding awarded by the North Carolina Department of Environmental Quality of $400,000 for Asset and Inventory Assessment Planning of the Town's wastewater collections system grant. Staff Comments – Public Utilities Director Wagner entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He provided information about the agenda item by making the following remarks. On May 4, 2022, the Town Board authorized the Town Manager to submit an Asset and Inventory Assessment grant application package to the North Carolina Department of Environmental Quality for the NC State Revolving Fund program. On August 17, 2022, the Division of Water Infrastructure (DWI) reviewed the application, and the State Water Infrastructure Authority (SWIA) approved the Town's proposed Asset and Inventory Assessment Project and declared it eligible to receive a grant in the amount of $400,000. On September 23, 2022, staff submitted a preliminary project scope of work to DWI for the asset and inventory assessment of the wastewater collection system. The scope of work was approved with Project No. AIA-W-ARP-0069 Grant Offer & Acceptance Package on April 4, 2023. The estimated project cost to perform the asset inventory is $475,000. The remaining $75,000 of funding will be transferred from an established Town project account 060-7141- 6006812 - Collections System Master Plan. Town staff will begin working on the project milestones, which include the grant acceptance offer and advertising a Request for Qualifications (RFQ) for qualified firms to conduct the assessment. The Town intends to submit the RFQ and return to the Town Board with a recommended firm to perform the related work. Management and staff recommend adopting the resolution and project ordinance as presented and recommended. The total Inventory Assessment Planning Project will cost $475,000. Through a grant, the Town will recognize $400,000 in American Rescue Plan (ARP) funding awarded by the North Carolina Department of Environmental Quality through the NC State Revolving Fund program. The award will go towards the approved scope of work for the Asset and Inventory Assessment planning of the wastewater collections system Project No. AIA-W-ARP-0069. The remaining $75,000 of the estimated project cost will be transferred from existing 060-7141-6006812 - Collections System Master Plan project. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – 1) Adopt the Resolution accepting the North Carolina Department of Environmental Quality offered American Rescue Plan (ARP) funding in the amount of $400,000 to perform an Asset Inventory and Assessment planning in the wastewater collections system Project No. AIA-W-ARP-0069; and 2) Approve the Project Ordinance for the Town Wastewater Collection System Asset Inventory & Assessment as presented and recommended. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (4-0) Resolution No. 23-1808 Ordinance No. N-23-18 OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the following updates: o Standard and Poor’s Bond Rating for the Town did not change, it remained at an AAA Rating, and the Town’s Bond Rating with Moody’s also did not change as hoped, but it remained at a strong AA1 Rating. o Finance Department – The Finance Department is preparing to sell GO Bonds on May 9th to advance the Community Center North project, transportation projects, and water and sewer projects. o Public Utilities – The Public Utilities Department recently hired Edward Cotto as the first Wastewater Treatment Operator apprentice. He is full time and is enrolled in the NC Rural Water Apprenticeship Program. He will get an additional 240 hours of training over the next two years, and he has four certifications. o Economic Development – The next Community Engagement session for the Downtown Generational Plan will be held on May 24th from 6:00-8:00 pm in the Town Board room. McAdams Consulting firm will facilitate the meeting providing feedback on the input received from the public meeting held in March 2023. o Police Department and Fire Department – Police Chief Medina spoke regarding the Holsters & Hoses Charity Event - Saturday May 13, 2023 - 8:00 am - 12:00 pm - corner Lot of Vance and Main Street. This is in conjunction with a local partner to provide beds, mattresses, and bed wear to children in Wake County and surrounding areas. He stated that the Police Department will be competing against the Fire Department on how many beds can be built from scratch. 11B Project Status Report – May 2023 11C Coffee with a Cop - American Legion - 6400 Johnson Pond Road - Wednesday, May 3, 2023 - 9:00 am - 10:30 am 11.D Fuquay-Varina Chorale Spring Concert - Celebrating America - Friday May 5, 2023 at 7:30 pm, Saturday May 6, 2023 at 3 pm 11.E Gallery reception for Tonia Gebhart (new exhibit) and En Plein Air artists - Saturday May 6, 6 pm to 8 pm 11.F FM2FV Concert - Crush - Thursday May 11, 2023 - 6:30 pm - 9:30 pm - Centennial Park 11.G Holsters & Hoses Charity Event - Saturday May 13, 2023 - 8:00 am - 12:00 pm - Corner Lot of Vance and Main Street 11.H Sense & Sensibility (community theatre) - from the novel by Jane Austen, adapted by Kate Hamill - May 18, 19 & 20, 7:30 pm BOARD MEMBER COMMENTS Commissioner Gardner stated that she attended the FM2FV concert, and the Band of Oz was great. She also attended several events at the Arts Center and Rodney Marsalis and the Philadelphia Big Brass Band was a super event that was held at the Fuquay Varina United Methodist Church (UMC). She thanked the UMC for partnering with the Arts Center for this show as additional space was needed. She also reported that she attended the NCLM CityVision Conference, and they had excellent speakers. She stated that the sessions that she attended just proved that the Town is making the right decisions and she thanked management and directors for helping to make those decisions. She congratulated Commissioner Harris on becoming the 2023-2024 NCLM President. Commissioner Harris thanked everyone for attending his swearing-in ceremony as President of the NCLM and for the congratulatory video from members of the staff. Commissioner Haynes stated that he attended the NCLM CityVision Conference and that it was a great event. He also attended the Guardian Angel reception at Bentwinds where the organization was recognized for raising over $3 million for Alzheimer’s research. He stated that he also attended the Arts Inspired 5th Anniversary Celebration. He reported that it was great to see how many citizens attended the FM2FV concerts and the concerts are really growing in popularity. He also congratulated Commissioner Harris on being sworn in as the President of the NCLM. Mayor Pro-Tem Smith stated that with all the projects going on we have a testament to our management team, their planning efforts and Finance Department for the Town’s Bond Rating and the Town staying at the same rating. He congratulated Commissioner Harris on becoming the 2023-2024 President of the NCLM. Mayor Massengill stated that it has been a busy time. He reported that the Fuquay-Varina Chamber of Commerce has hired a new president and is excited for him to hit the ground running. He stated that Scott Daniels with the Fire Department has officially retired, and he attended his retirement luncheon. The following items are Mayor Massengill’s past and future events: Past Events 4/19 – FV Chamber Board Meeting 4/20 – FVHS Drunk & Distracted Driving Event 4/20 – Downtown Walk Around 4/20 – FM2FV Concert 4/21 – Metro Mayor’s Call 4/21 – Scott Daniels Retirement Luncheon 4/26 – FV Chamber Ribbon Cutting - Romeo’s Pizza 4/26 – Downtown Walk Around 4/26 – FM2FV Concert 427 – NCLM City Vision 4/28 – Metro Mayor’s Call 4./28 – Arbor Day Upcoming Events 5/2 – Speak at FV Lion’s Club 5/2 – Business Meet-Up – Revelry Barber & Shave Shop 5/3 – FV Leadership Panel Discussion 5/4 – National Day of Prayer 5/5 – Metro Mayor’s Call 5/5 – En Plein Air Paint Off 55 – FV Chamber Ribbon Cutting – Fuquay-Varina Ducks  5/6 – Heritage Day 5/6 – En Plein Artist Receptionist 5/9 – FVDA Board Meeting 5/9 – Lunch with FV Chamber of Commerce 5/10 – First Responders Appreciation Event 5/11 – Meeting with Quality Equipment 5/11 – Chamber Business After Hours 5/11 – FM2FV Concert 5/12 – Metro Mayor’s Call 5/13 – Holsters & Hoes Charity Event 5/15 – Wake County Mayor’s Association Meeting CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a)(5) - Property Acquisition. A motion was made to conduct a closed session meeting at 9:15 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 9:29 p.m. with nothing to report out. ADJOURNMENT A motion was made to adjourn the meeting at 9:30 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (4-0) The minutes from the May 1, 2023, Town Board of Commissioners regularly scheduled meeting are adopted this 16th day of May 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