Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting June 5, 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, June 5, 2023, at Vacant Seat - Commissioner Adam G. Mitchell, Town Manager 7:00 p.m. was held at the Fuquay-Varina Town Mark D. Matthews, Assistant Town Manager Hall, 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 William Harris, and Bryan Haynes. Commissioner Gardner was on vacation. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Jim Seymour, Town Clerk Rose Rich, IT Director Scott Clark, and various other department directors. Town Attorney James Adcock was on vacation. Assistant Town Manager Mark Matthews was absent due to illness. CALL TO ORDER Mayor Massengill called the meeting to order at 7:02 pm. INVOCATION AND PLEDGE Mayor Pro-Tem Larry Smith provided the invocation and Corporal William Hamilton led the Pledge of Allegiance. Mayor Massengill stated that the Special Olympics Torch Run event was held about a week ago, and he recognized Corporal Hamilton as the fastest runner in the event. He stated that he enjoyed participating in the event. 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 16, 2023, Town Board of Commissioners Regular Scheduled meeting. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (3-0) PRESENTATIONS 4A Proclamation - Juneteenth Mayor Massengill read a Juneteenth Proclamation, which is a day whereby African Americans celebrate freedom, achievement, liberation, resilience and fortitude. It is also a time for assessment, self-improvement and planning for the future. He stated that the Arts Center will host the third annual Juneteenth production entitled “Freedom to What?” presented by Manifest on June 19, 2023. Manifest will also present “First in STEM” which is an interactive game show for middle and high school students that will include hip-hop, STEM, and a panel discussion. This show will be held on June 16, 2023 and is free to the public. PUBLIC COMMENTS 5A No one chose to speak in person or virtually during public comments. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the June 5, 2023, Town Board meeting. PUBLIC HEARINGS 7A Zoning Map Amendment - Mauldin-Watkins Surveying - 218 King Street - PIN 0666092393 - REZ-2023-03. Purpose – To consider a requested zoning map amendment for a total of 0.618 acres, located at 218 King Street, from the Downtown Center-2 (DC-2) Zoning District to the Town Center Residential (TCR) Zoning District. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item and made the following remarks. The subject property consists of three lots (Lots 42, 43, & 44 from the original King and Norwood Subdivision - BM1928, P21) and totals 0.618 acres. It is located in the Town's corporate limits and is currently vacant and partially wooded. Since these lots are adjacent and under the same ownership, Wake County Tax Department has mapped them as one lot per County policy. The zoning map amendment petition requests approval of the Town Center Residential (TCR) Zoning District. A residential density of 10 units per acre is permitted within the TCR Zoning District, which is intended to provide for residential development of varying types to support the downtown center districts and is applicable only within and around the Judd Parkway loop. The TCR Zoning District requires submittal of a master plan; however, proposed developments totaling four (4) lots or fewer are permitted to submit a plot plan in lieu of the required master plan. This zoning map amendment requests two (2) lots, and a plot plan has been submitted. While proposed Lot 1 does not meet the minimum TCR width or area standards (60' wide and 8,000 sf) for a single family detached lot, it is consistent with Lot 44 as platted in Book of Maps 1928 as the King and Norwood Subdivision and is being developed as a nonconforming lot of record, which may be developed for a single-family home. The TCR building setbacks are applicable to both lots as shown on the proposed plot plan. The petitioner has requested the following site-specific conditions be made applicable to the subject property:  1) Front facing garages shall have decorative details such as carriage-style adornments, window, and/or barn-style doors. 2) Vinyl siding is prohibited, except for windows, decorative elements, and trim. 3) A street tree will be provided in the front yard of each lot. 4) All homes shall have a front door with a minimum of 35% glazing, transom, and/or door with sidelights. 5) Lots to be used for residential purposes only. 6) Sewer will be extended from the existing manhole to a new manhole at the edge of the new property line. Surrounding properties are primarily residential of a variety of densities, making up the neighborhoods that begin the transition into downtown. Additionally, several civic institutions including churches and Fuquay-Varina Middle School are to the west and southeast of the property. The 2040 Community Vision Land Use Plan (LUP) calls for the Town Center Residential (TCR) classification at the subject property. The LUP's policy 2.1: Encourage Infill Development & Redevelopment Inside Town Limits, incentivizes infill development and redevelopment projects inside Town limits as a way to reinvest in the existing downtowns and neighborhoods. The requested zoning district is consistent with the 2040 LUP classification and the proposed use and development scale is consistent with the neighboring residences along King Street. Public water and sewer utilities are available to serve the subject property but as Condition 6 specifies, the public sewer main will be extended to serve both proposed homes. The subject property is located on and has access to King Street. King Street is classified as a local street in the Town's Community Transportation Plan (CTP). King Street is a Town maintained road and therefore NCDOT traffic counts are not available. A neighborhood meeting was held by the petitioner on January 24, 2023 at Mauldin-Watkins Surveying located at 139 North Main Street in Fuquay-Varina. The meeting report is attached, and staff takes no position as to its content. Management and staff recommend approval of the proposed zoning map amendment as it is reasonable and in the best interest of the public for the following reasons: 1) The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan for the designation of Town Center Residential (TCR). 2) The requested zoning district supports infill development and reinvestment in downtown neighborhoods per the 2040 LUP’s policy 2.1: Encourage Infill Development & Redevelopment Inside Town Limits. 3) The requested zoning district is complementary to residential uses in the general vicinity. At the May 15, 2023 regular meeting, the Planning Board voted unanimously to recommend approval. Planning Board members asked if the two large trees on the property could be salvaged. The petitioner affirmed they would be salvaged so long as they are healthy. Public Hearing – The public hearing was opened. Wayne Mauldin, 139 N. Main Street spoke in favor of the zoning map amendment. No one spoke in opposition to the zoning map amendment. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2023-03, a zoning map amendment for 218 King Street, from the Downtown Center-2 (DC-2) Zoning District to the Town Center Residential (TCR) Zoning District. The proposed amendment is consistent with the 2040 Community Vision Land Use Plan and reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Harris SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (3-0) 7B Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #23 - CTA-2023-01 Purpose – To consider a proposed text amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, Amendment #23 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 general information about the agenda item as follows: Town staff and the community have gained significant experience using the Land Development Ordinance (LDO) since its adoption in December 2016 and a better understanding of its intent and proper function. As a result, this amendment seeks to harness that experience through clarifications and technical corrections to the LDO's language. The proposed changes are as follows: Section 1, Article F - Use Regulations: • The Cottage Home development type has been added to the Permitted Use Table. Previously, it was an allowed development type in the TCR and PUD zoning districts but had never been fully incorporated into the Permitted Use Table. Additional standards have been added to each zoning district's articles and will be discussed in further detail below. • Language has been added to the Use Standards section that establishes the requirements for residential accessory structures within 10 feet of the primary structure. This has been Town policy and is hereby codified. Section 2, Article J - Subdivision Regulations: • Only a grammatical edit has been made in this section; a hyphen has been added to the term "cross-access." Section 3, Article M - Thoroughfares, Drainage & Utility Standards: • Only a grammatical edit has been made in this section; a hyphen has been added to the term "cross-access."  • Only a grammatical edit has been made in this section; the term "bike" has been replaced with "bicycle," as it is in the rest of the LDO. Section 4, Article N - Parking, Loading & Lighting Design Standards: • Only a grammatical edit has been made in this section; a hyphen has been added to the term "cross-access." • The section for compact and electric vehicles has been amended to remove the requirement to dedicate a minimum of 5% of proposed parking lots to compact vehicles spaces. Section 5, Article S - Interpretations & Definitions: • The "cottage home" definition has been amended to allow cottage home developments to be considered multi-family or single-family. In addition, a hyphen was added to the term "cross-access" to correct the grammar. • Definitions pertaining to electric vehicle charging and parking have been added to this article. They include Direct Current (DC) Fast Charging (DCFC or DC Fast Charging) Space, Electric Vehicle (EV), Electric Vehicle Supply Equipment (EVSE), EV-Capable Space, EV-Ready Space, EV-Installed Space, and Level 2 Electric Vehicle Charger. Section 6, Appendix A - DC-1 & DC-2 Form-Based Districts: • Only a grammatical edit has been made in this section; a hyphen has been added to the term "cross-access." Additionally, the "Land Development Ordinance" has been removed from the reference in this section to standardize the reference. This adjustment has been made throughout the Appendix. Section 7, Appendix B - RMU, CMU & EMU Form-Based Districts: • The maximum height for nonresidential buildings in CMU and all buildings in EMU has been raised to 75 feet from 50 feet and 70 feet, respectively. Staff has found that 75 feet is an appropriate maximum height in both districts and raising the height limit allows for the desired flexibility in design. • Only a grammatical edit has been made in this section; the term "bike" has been replaced with "bicycle," as it is in the rest of the LDO. Section 8, Appendix C - Town Center Residential District: • The standards for cottage homes in the TCR zoning district have been updated to reflect current building practices and conformity with the newly updated 2040 Community Vision Land Use Plan. In addition, items like size limitation, unit count, architectural standards, and parking requirements have been added to guide future cottage home-style development. Cottage home development has been a permitted development style in the TCR zoning district since 2016, but staff felt the expanded standards were necessary to ensure expectations were established for future development. Section 9, Appendix D - Planned Unit Development District: • The standards for cottage homes in the PUD zoning district have been updated to reflect current building practices and conformity with the newly updated 2040 Community Vision Land Use Plan. In addition, items like size limitation, unit count, architectural standards, and parking requirements have been added to guide future cottage home-style development. Cottage home development has been a permitted development style in the PUD zoning district since 2016, but staff felt the expanded standards were necessary to ensure expectations were established for future development. 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 May 15, 2023, regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing – The public hearing was opened. No one spoke in favor or in opposition to the proposed LDO Town Code Amendment #23 (CTA-2023-01). The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter.  Recommendation – Approve CTA-2023-01 Amendment #23, 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. Ordinance No. PZ-23-02 MOTION: Commissioner Haynes SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed Unanimously (3-0) CONSENT AGENDA 8A. Order to Levy and Collect Taxes - Wake County Purpose – To consider a resolution authorizing Wake County to levy and collect the real and personal property taxes on behalf of the Town of Fuquay-Varina for the FY 2023-2024 budget year. Recommendation – Adopt the resolution authorizing the Wake County Tax Administrator to levy and collect real and personal property taxes on behalf of the Town of Fuquay-Varina for the FY 2023-2024 budget year. Resolution No. 23-1812 8B. Budget Amendment - Appropriate Sales Tax for Police Department Parking Lot Paving Project - $73,200 - (BA-2023-52) Purpose – To consider a budget amendment in the amount of $73,200 to recognize higher than budgeted Sales Tax revenues to provide additional budget funding availability for the Police Parking Lot Paving Project. Recommendation – Approve Budget Amendment BA-23-52 and Project Ordinance Amendment POA-23-11 as presented and recommended. 8C. Resolution - Triangle J Council of Governments Charter Amendment - Rebranding Purpose – To consider approval of a resolution that accepts and approves the Central Pines Regional Council (Formerly Triangle J Council of Governments) amended Charter. Recommendation – Adopt the Resolution accepting and approving the Central Pines Regional Council (Formerly Triangle J Council of Governments) amended Charter. Resolution No. 23-1813 A motion was made to approve Consent Agenda Items 8A-8C. MOTION Mayor Pro-Tem Smith SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (3-0) ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A FY 2023 - 2024 Operating Budget and Five-Year Operating and Capital Plan Purpose – To consider adoption of the FY 2023 - 2024 Operating Budget Ordinance, Fee Schedule, and Five-Year Operating and Capital Plan for the Town of Fuquay-Varina. Staff Comments – Town Manager Adam Mitchell 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. 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 the addition of customers and Town infrastructure has increased workload demands on Town staff. During the May 1, 2023, Town Board meeting, Town Management formally provided a presentation of the Town's proposed FY 2023 - 2024 Operating and Five-Year Capital Plan. Following presentation of the recommended budget, the Town solicited and received public comments through Let's Talk FV through May 16, 2023 and shared these comments with the Town Board. In addition, the statutorily required public hearing was held on May 16, 2023. For consideration, along with this agenda abstract, is the FY 2023 - 2024 Proposed Operating Budget, which includes the Budget Message, the Budget Ordinance, and the Fee Schedule. Management recommends the Town Board adopt the FY 2023 - 2024 Operating Budget to include the Budget Ordinance, Fee Schedule, and Five-Year Operating and Capital Plan as presented and recommended. The recommended budget document with supporting materials may be viewed in full at www.fuquay-varina.org/budget. The Town Board is required by statute to adopt a balanced budget by June 30, 2023. 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), 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 is 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 Fee Schedule is provided with greater detail. The Five Year Operating and Capital Plan are 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. Discussion – Commissioner Harris asked if the Police Department was going to have a traffic unit. Town Manager Mitchell stated the department already has a traffic unit and that some of the additional 11 FTE’s may be assigned to the unit. Mayor Massengill thanked staff for all the time that was spent preparing a balanced budget.  Town Manager Mitchell also thanked staff for their work on the budget. He also thanked the Town Board for giving clarity, vision and direction to management and staff during the budget retreat and budget workshop. He also thanked the finance team and department directors for all their hard work. Recommendation – Adopt the FY 2023 - 2024 Operating Budget, to include the Budget Ordinance, Fee Schedule, and Five-Year Operating and Capital Plan as presented and recommended. Ordinance No. N-23-20 MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (3-0) 10B Introduction of Bond Orders - Scheduling Public Hearing Purpose – To introduce the Bond orders and adopt a resolution to set the public hearing and authorize the filing of the sworn statement of debt and the statement of estimated interest. Staff Comments – Finance Director JoAnne Crabtree entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She provided information about the agenda item by making the following remarks. During the budget process there were discussions of growing participation and utilization of Public Parks and Recreation facilities, and the need for additional facilities to accommodate the increasing number of participants. The Parks and Recreation Director and Town Management have identified a list of Parks and Recreation projects emerging from the Systemwide Facility Master Plan process that will serve the growing citizenry of the Town in the amount of $60 million dollars. The Finance Director and Management recommend seeking voter authorization for the future sale of General Obligation Bonds to finance the recommended projects. The Bond Order is the statutorily required action by the Town Board that provides underlying authority and approval for moving forward a bond referendum. The Bond Order must come before the Town Board on two separate occasions: Once for Introduction and then for final action. This meeting's action is for the introduction of the Bond Order. A public hearing is also required for the approval and issuance of General Obligation Bonds, which must be scheduled by resolution. Attached is a resolution to set the public hearing and authorize the filing of the sworn statement of debt and the statement of estimated interest as required by statute. Both actions advance the bond referendum identified during the Budget Worksession and allow the Town to remain on schedule for placement on a November 2023 municipal election ballot. As such, Town management and staff recommend approval. The proposed bond orders advance a $60 million Bond referendum for Parks and Recreation facilities which includes land acquisition and construction of a multipurpose outdoor recreation complex, an indoor field house/sports pavilion, and the first phase of Hilltop Needmore Town Park and Preserve Improvements. The cumulative impact on the tax rate to support the debt service for these projects as identified in the Five Year Plan is identified at 8 cents. However, the Town will seek to mitigate this impact (as with previous bond referendums) through favorable interest rates, identification of grants and other revenues, and tax base growth. Discussion – Mayor Massengill stated this will be decided by the voters and will be on the ballot in the fall. Recommendation – Introduce the Bond Order in the form presented, adopt a resolution to set the public hearing, and authorize the filing of the sworn statement of debt and the statement of estimated interest as presented. Resolution No. 23-1814 MOTION: Commissioner Haynes SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed Unanimously (3-0)  As a separate and related matter, Mayor Massengill recognized a new hire in the Police Department, Police Officer Kirby Coates, and stated that he will be a great addition to the Police Department. 10C Budget Amendment (BA-23-54), Project Ordinance Amendment (POA 23-13), and Contract Award – T.A. Loving Company - Southern Oaks Gravity Sewer Project - $2,931,569 Purpose – To consider a budget amendment, project ordinance amendments, and award of a design-build contract in the amount of $2,931,569 to T.A. Loving Company for the Southern Oaks Gravity Sewer 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 provided information about the agenda item by making the following remarks. The Southern Oaks Sewer Basin conveys sanitary sewer in the Cape Fear River Basin for Town sewer customers. Robust growth in the service area and allocated not yet tributary flows are at design capacity, and the need to increase conveyance capacity has been identified. Upsizing of the system is required to accommodate long-term capacity needs. This project proposes to design-build necessary upgrades, permitting, easement acquisition, construction of a gravity outfall, and decommissioning the Hwy 42 and Southern Oaks pump stations. The advantages of the Design-Build construction method include streamlined communication between the contractor, subcontractors, owners, faster project completion, increased collaboration, and cost savings. On April 4, 2023, the Public Utilities Department issued a Request for Qualifications (RFQ) for Design-Build services for the Southern Oaks Gravity Sewer Outfall and received a Statement of Qualifications (SOQ) from five responsive consultants on May 4, 2023. Upon review, the contracting firm T.A. Loving Company was selected to undertake this project. Public Utility staff worked with T.A. Loving Company, the Town's Finance Department, and Town Attorney to negotiate a contract in the amount of $2,931,569 for the design portion of the design- build project. The project will take 18 months for Phase 1 (design) and Phase 2 (construction).  Town management and staff recommend approving the design-build contract between the Town of Fuquay-Varina and T.A. Loving Company, the project ordinance amendment (POA 23-13), and budget amendment (BA-23-54) as presented and recommended, subject to Town Attorney review. The design-build services for the project are estimated to cost $2,931,569. This project will be funded by the $2,000,000 million of 2023 Sewer GO Bonds sold in May 2023, and budget amendment (BA-23-54) is requesting to appropriate and transfer $931,569 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 is attached 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 – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve the Southern Oaks Gravity Sewer Project Budget Amendment (BA- 23-54), Project Ordinance Amendment (POA 23-13), and Contract Award to T.A. Loving Company to design and manage construction of the Southern Oaks Gravity Sewer Project in the amount of $2,931,569, as presented and recommended subject to Town Attorney review as to form. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (3-0) 10D Infrastructure Agreement - Madison Park Apartments Purpose – To consider approval of an Infrastructure Agreement between the Town and VCP FV, LLC for the Mills Branch and Middle Creek pump stations and collection system upsizing related to the Madison Park Apartments. 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 provided information about the agenda item by making the following remarks. VCP FV, LLC is developing property at 9129 Ransdell Rd (PIN # 0689-50-5560) as Madison Park Apartments consisting of 178 multi-family units. The Town's existing downstream wastewater infrastructure along the US 401 corridor is undersized to support the full Madison Park Apartment buildout. Upsizing the Mills Branch and Middle Creek pump stations and upgrading gravity sewer segments along US 401 is necessary to support development along this corridor. Once collection system improvements are complete, this corridor can take on additional sewer capacity. To improve sewer collections along US 401, as part of a future capital project, the Town planned to upgrade the Mills Branch and Middle Creek pump stations and corresponding gravity lines to support future development. However, given the immediate need for sewer capacity to support the Madison Park Apartment project, developer VCP FV, LLC has agreed to increase the sewer capacity at the Mills Branch and Middle Creek pump stations and upgrade corresponding gravity sewer lines downstream to meet their project needs and support additional capacity for future growth in along US 401. As a result, VCP FV, LLC is requesting reimbursement for downstream infrastructure improvements beyond their project's estimated capacity needs. These additional improvements to the pump stations and segments of gravity sewer are needed to support future development along the US 401 corridor. To establish reimbursement for the improvements, staff and the Town Attorney have prepared an Infrastructure Agreement. Elements of the Agreement proposed for consideration are as follows: 1. The Developer shall design, build, and construct the project per Town Development Standards 2. The Developer shall pay all applicable development fees, including system development fees, recreation unit fees, and other applicable fees as prescribed by the Town's Code of Ordinances and Annual Budget Ordinance and Fee Schedule. 3. The Town shall be indemnified and held harmless from any damage claims. 4. The Town's reimbursement will not exceed $2,000,000.  Town management, staff, and the Town Attorney have worked on this Agreement with VCP FV, LLC. Accordingly, management and staff recommend approving this Agreement and creating the project ordinance. The Mills Branch and Middle Creek pump stations and sewer collection lines upsizing reimbursement amount is not to exceed $2,000,000. The Town's Enterprise Fund has appropriated funds for these upgrades and there are sufficient funds for this proposed reimbursement. Discussion – Mayor Massengill stated that this project will open existing infrastructure and will help the Town with revenue and fees for future projects. Public Utilities Director Mike Wagner stated that the Mayor’s statement was correct. Recommendation – Authorize the Town Manager to execute an Infrastructure Agreement between the Town of Fuquay-Varina and VCP FV, LLC, as presented and recommended. MOTION: Commissioner Harris SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (3-0) OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the following updates: o Reported that the June 20, 2023, Town Board meeting will have a recommendation for the selection of the consultant for the Community Transportation Plan. o Planning Department – The Planning Department has recently approved plans for the Community Center North project and the Hilltop Needmore Elementary School. Mayor Massengill asked if these two projects would interfere with the traffic projects in this area. Town Manager Mitchell stated that he would follow up with him on this question. o IT Department – The IT Department has begun rolling out a new project management software that will be used to track all the projects. They are also installing Zoom conference capabilities into each conference room.  o The Town Hall second floor renovation construction project is going well, and they will be doing renovations on the first floor soon. o Human Resources Department – The Human Resources Department has done traffic safety training and they are currently busy with open enrollment for health benefits for all employees. He thanked Human Resources Director Wendy Moody and her team for all their hard work. o Bids are being received for the Varina parking lot for the property that was donated to the Town as well as the South Main intersection project. o Inspection Department – The Inspections Department has seen an uptick in the last couple of months with permits. o Economic Development Department – The Economic Development Department is working on an update of the Economic Development Strategic Plan and there is a group of stakeholders working on this plan as well. o Fire Department – Station No. 4 construction is moving along nicely. The roof has been installed and it will not be long until they start work on the inside of the building. He reported the Fire Department will have a live burn on June 15th on Woodland Drive. o Arts Center – The Arts Center has 34 dancers from their dance program performing at Walt Disney World, Florida, next week. The Fuquay Chorale will be wrapping up their fund raising efforts this week in preparations for their trip to Carnegie Hall in July. o Parks and Recreation – The Parks and Recreation Department is soliciting bids for the Community Center North project which are planned to be opened on June 27th. Fall Youth registration opened June 5. The Parks and Recreation Department hired Noah Mass as a new Athletic Program Specialist. o Public Utilities – The Public Utilities Department has hired Heather Adams as the Assistant Director for Public Utilities. 11B Project Status Report – June 2023 11C Financial Quarterly Report – 3rd Quarter FY 2023 11.D Coffee with a Cop - Momma Gonna Snap - 505 N Judd Pkwy NE #101 - Wednesday June 7, 2023 - 9:00 am - 10:30 am 11.E Arts Center - Manifest Fuquay-Varina Presents STEMology - Friday June 16, 2023 - 5:30 pm - 9:00 pm 11.F Arts Center - Manifest Fuquay-Varina (Juneteenth) - Monday June 19, 2023 - 6:00 pm (pre- show reception at 5:30 pm) 11.G Independence Day Celebration - South Park - Saturday, July 1, 2023 - Gates Open at 6:00 pm 11.H July Town Board Meeting - Monday July 10, 2023 - 7:00 pm - No meeting on July 3, 2023 or July 18, 2023 BOARD MEMBER COMMENTS Commissioner Gardner was absent. Commissioner Harris – no comments. Commissioner Haynes – no comments. Mayor Pro-Tem Smith stated that he had the opportunity to attend the Wake County Fire Training Academy and visit with 8 of the rookie firefighters as they trained. He reported that it was exciting to see these young people eager to work together and they are looking forward to join the Fuquay-Varina Fire Department as firefighters. Mayor Massengill stated that Congressmen Wiley Nichols was in town last week and was shown the proposed water tower project. He is working on securing the Town $2 million for the project. Mayor Massengill thanked all the staff who helped with the Chamber’s “Run the Quay” event the past weekend. The event had a great turn out and was sold out. He reported that he and Town Manager Mitchell met with the Quality Equipment CEO and CFO and reported that they have over 30 locations with their headquarters being in Fuquay-Varina with over $500 million in revenue a year. The following items are Mayor Massengill’s past and future events: Past Events 5/17 – Chamber Board Meeting 5/19 – Metro Mayor’s Call 5/20 – Garden Club Tour 5/20 – Curated Craft Market 5/20 – Duck Jeep Event 5/20 – Dinner in Downtown 5/21 – American Legion Car Show 5/22 – Chamber Ribbon Cutting – McKenzie Therapeutics 5/23 – Chamber President Dustin Williams Welcome Reception 5/25 – Chamber Monthly Social 5/29 – Rotary Club Welcome Remarks 5/31 – Chamber Ribbon Cutting – Happy’s Country Club 5/31 – Chamber Run the Quay Sponsorship Appreciation Event 6/2 – Metro Mayor’s Call 6/3 – Chamber Run the Quay Event Upcoming Events 6/6 – Meeting with FVHS Principal 6/7 – Coffee with a Cop 6/8 – FVEDC Meeting 6/12 – Speak at ALA Tar Heel Girls 6/12 – Chamber Ribbon Cutting 6/13 – FVDA Board Meeting 6/13 – Speak at JD Turf Care Event 6/14 – FVHS Graduation 6/14 – Rotary Club Flag Day 6/16 – Metro Mayor’s Call 6/16 – Manifest STEMology 6/17 – Curated Craft Market 6/19 – Manifest Juneteenth 6/19 – Wake County Mayor’s Association Meeting CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege A motion was made to conduct a closed session meeting at 8:00 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 8:35 p.m. with nothing to report out. ADJOURNMENT A motion was made to adjourn the meeting at 8:35 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Haynes MOTION RESULT: Passed Unanimously (3-0) The minutes from the June 5, 2023, Town Board of Commissioners regularly scheduled meeting are adopted this 10th day of July 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