Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting August 8, 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 Tuesday, August 8, 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 Marilyn Gardner, William Harris, and Bryan Haynes. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Town Clerk Rose Rich, Town Attorney James Adcock, IT Director Scott Clark, and various other department directors. Assistant Town Manager Jim Seymour was absent due to professional development. CALL TO ORDER Mayor Massengill called the meeting to order at 7:01 pm. INVOCATION AND PLEDGE Mayor Pro-Tem Larry Smith provided the invocation and Marge Moreton, Market Manager of the Grower’s Market, led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager 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 July 10, 2023, Town Board of Commissioners Regular Scheduled meeting. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (4-0) PRESENTATIONS 4A Proclamation - National Farmers Market Week Purpose – To present a Mayor’s Proclamation recognizing National Farmers Market Week in Fuquay-Varina. Mayor Massengill asked Marge Moreton along with others from the Grower’s Market to stand to be recognized. He also stated that the Grower’s Market is open from April through September and local food, vendors and crafts come to the market each Saturday. He then read the proclamation for the National Farmers Market Week in Fuquay-Varina. 4B Presentation - Leading the Way Award Winner Purpose – To present a recognition and award for Leading the Way. 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 general information about the agenda item and made the following remarks. In July 2023, the Town of Fuquay-Varina was presented with the "Leading the Way" award by the ETC Institute. ETC is the industry leader in helping local government organizations gather data from residents to enhance community planning. Since 2010, ETC has administered surveys to nearly two million residents in 1,000 cities in all 50 states. The Town received the award letter from the ETC Institute and Town Manager Mitchell presented the award.  Mayor Massengill stated that the community survey has shown the excitement of the residents about the services the town offers. He thanked everyone in the room for all they do to make Fuquay-Varina a better place. PUBLIC COMMENTS 5A Aimee Marva, 3917 Bostwyck Drive and Dorothy Pantano, 3928 Bostwyck Drive spoke about the Sunset Glen unsafe traffic cutting through the neighborhood at Sunset Glen, especially speeding. A formal request was filed with the Police Department, and they are asking that the Town intervenes and conduct a traffic study of Sunset Glen subdivision and surrounding neighborhoods to develop an action plan to divert cut-through traffic. Mayor Massengill stated that he is confident that the Police Chief can evaluate and come up with a plan to mitigate the speeding in the neighborhood. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the August 8, 2023, Town Board meeting. PUBLIC HEARINGS 7A Zoning Map Amendment & Land Use Plan Amendment - Jovita Simons - 223 North West Street - PIN 0656896592 - REZ-2023-07 Purpose – To consider a requested zoning map amendment for a total of 0.12 acres, located at 223 N West Street, from the Residential Medium Density (RMD) Zoning District to the Town Center Residential (TCR) Zoning District and the corresponding Land Use Plan amendment from Downtown (DT) to Town Center Residential (TCR). Staff Comments – Planning Director 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 totals 0.12 acres is located in the Town's corporate limits and currently contains one (1) single-family home. 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 one (1) lot, and a plot plan has been submitted. The petitioner has requested that only the following uses be permitted at the subject property: - Single-Family Home Surrounding properties are primarily residential of a variety of densities, making up the neighborhoods that begin the transition into downtown. Additionally, several parks are to the north and west of the property including Action Park and William Freeman Park. The 2040 Community Vision Land Use Plan (LUP) calls for the Downtown (DT) classification as the subject property. Since the requested zoning is incompatible with the designation of DT, the petitioner has included a Land Use Plan amendment as part of this zoning map petition, which will be described later in this report. Public water and sewer utilities currently serve the subject property. The subject property is located on and has access to N West Street. N West Street is classified as a local street in the Town's Community Transportation Plan (CTP) and as it is a Town maintained road, no NCDOT traffic counts are available. Management and staff recommend approval of the proposed zoning map amendment and corresponding land use plan amendment as it is reasonable and in the best interest of the public for the following reasons:1) Although the requested zoning map amendment is not consistent with the 2040 Community Vision Land Use Plan classification of Downtown (DT), the petitioner has  opted to request a change of the Land Use Plan to Town Center Residential (TCR), which is compatible with the current and surrounding uses.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 July 17, 2023, regular meeting, the Planning Board voted unanimously to recommend approval. There was some discussion as to the reasoning behind the choice to rezone to TCR. Staff explained that this was to allow for flexibility in the petitioner's design for her renovation as the setbacks for TCR are less restrictive than RMD. Public Hearing – The public hearing was opened. No one chose to offer input on the zoning map amendment and land use plan amendment. The public hearing was closed. Discussion – Mayor Massengill asked if the building setbacks were sufficient for what Ms. Simon’s is requesting. Planning Director Pam Davison stated that the setbacks are adequate. Recommendation – Approve REZ-2023-07, a zoning map amendment for 223 N West Street, from the Residential Medium Density (RMD) Zoning District to the Town Center Residential (TCR) Zoning District and the corresponding Land Use Plan amendment from Downtown (DT) to Town Center Residential (TCR) as it is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Gardner SECOND: Commissioner Hayes MOTION RESULTS: Passed Unanimously (4-0) 7B Developer Agreement Amendment – Gold Leaf Crossing Commercial Project Purpose – To consider an amendment to the August 2020 development agreement regarding infrastructure construction and reimbursement between the Town of Fuquay-Varina and FV Retail, LLC, for the construction of Gold Leaf Crossing, a regional town center retail-commercial project. 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: Fuquay-Varina's residential population continues to expand rapidly, as does the demand for quality, high-end commercial-retail services and amenities. The recruitment of high-end retailers is significant to the value of any rapidly growing community. Large commercial retail destinations contribute to the local economy by creating a significant number of jobs, expanding the property tax base, and increasing sales tax spending. Developing large retail and commercial anchor destination projects requires collaboration and coordination from both the public and private sectors. The Town's ability to provide public infrastructure and utilities to large-scale projects is essential to attracting sustainable development benefiting both the public and private sectors. On August 3, 2020, the Town Board of Commissioners approved a development agreement between the Town and FV Retail, LLC (Developer) for costs relating to public infrastructure and construction of a large-scale commercial project, now known as Gold Leaf Crossings. The Town established a capital reserve account earmarking up to $10,000,000 for the design, construction, and permitting improvements to support the Gold Leaf Crossing project. The Project consisting of nearly 100 acres, will be constructed as a multi-occupant mixed-use shopping town center development with up to 800,000 square feet of retail, office, and multi-family buildings constructed over several phases of development during ten years. The Developer intends to design and develop Gold Leaf Crossings as a higher end integrated mixed-use project consistent with similar projects constructed throughout the Triangle Region. Since the approval of the development agreement in 2020, FV Retail, LLC has worked diligently to design and advance the Project's site development. The Developer is requesting to amend the original development agreement to address updated phased development plans and is requesting modifications to the Project's site development standards as follows: The following signage will be permitted as specified below: 1. Three (3) 34 foot tall Integrated Center Signs (pylon signs) with a sign surface area not to exceed 250 square feet. 2. One (1) 22 foot tall Integrated Center Sign with a sign surface area not to exceed 160 square feet. 3. Up to six (6) out-parcel signs shall be permitted in addition to the Integrated Center Signs described above. 4. Pylon Sign #2 will be accessed from the right of way, and vehicles shall be permitted to straddle or mount to the curb to access or perform maintenance, repair, or installation on the signage. 5. Pylon Sign #1, depicted on Exhibit D, will be located on an easement tract that is not treated as a lot for development purposes under the LDO. Pylon Sign #2, depicted on attached Exhibit D, will be located on a newly created lot. 6. The signage renderings depicted on the attached Exhibit D shall be permitted designs of Pylon Signs, Monument Signs, Small Shop Signs, and Outparcel Signs. 7. The permanently attached signage for the Big Box Tenant depicted on Exhibit E shall be permitted only for the Big Box Tenant. 8. The Big Box Tenant elevation renderings depicted in Exhibit F shall be permitted elevations. 9. The Town Manager or their designee shall have the authority, without requiring an amendment to this Agreement, to administratively approve minor plan changes to this Agreement, including, without limitation, plan changes and deviations as reflected in any revised subdivision, plats or site plans, changes to signage, buffers, elevations, certificates of occupancy, and any other matters pertaining to the contemplated development of Gold Leaf Crossing. 10. Phase 1 shall not be required to provide the minimum 5% pedestrian space, plaza areas, courtyards, or public gathering spaces, but the Owner and Town shall cooperate in good faith to incorporate pedestrian amenities in Phase 1 and future phases. 11. The minimum required parking shall be 3.9 parking spaces per 1,000 square feet of retail space for Phase I and, to the extent developed as retail, subsequent phases. 12. The buffer on the property line abutting 2021 North Main Street (PIN 0677452636) shall be a 20-foot evergreen buffer. 13. Owner and the Town will cooperate and work in good faith to resolve any issues regarding a stormwater facility encroaching into the perimeter buffer on a limited basis with the Town's final approval.  14. Owner and Town will cooperate and work in good faith to modify and approve any previously approved generic elevations per specific tenant requirements as reflected in submitted revised site plans. Completion of the Wallace Adcock Boulevard and Pump Station: 1. Owner and the Town will cooperate and work in good faith on a resolution that would permit the issuance of the first CO in the event the pump station is not fully operational due to supply chain issues or other force majeure events. Opportunities to operate the pump station privately prior to public acceptance may be explored. 2. Owner and Town agree that the first certificate of occupancy shall not be issued until Wallace Adcock Boulevard is completed from U.S. Highway 401 to a point that is two hundred feet (200') from the northern right of way of the Norfolk Southern/RJ Corman railroad. Owner shall use best efforts to complete the entire section of Wallace Adcock Boulevard to Highway 42, but the parties understand that the railroad will be responsible for construction within the railroad right-of-way and that activity is outside the parties' control. 3. A side path will be constructed on both sides of Wallace Adcock Boulevard up to the last intersection before the RR crossing, where a high visibility crosswalk will be provided to shift pedestrians to the single side path on the west side only. 4. At the time Developer dedicates Wallace Adcock Boulevard (the portion connecting to Highway 42), Owner shall retain ownership of a small sliver of land which will be used for Pylon Sign #2 (the Pylon Sign #2 Lot) as well as certain excess lands located on both the east and west side of the Wallace Adcock Boulevard located south of the RR (collectively, the "Excess Lands") all of which is depicted on attached Exhibit B. The Excess Lands shall comprise two or more lots. All or a portion of the Excess Lands can be sold/exchanged to the neighboring tract owner(s) to create another access to Wallace Adcock Blvd or for other reasonable purposes mutually agreed to by Owner and the Town. Otherwise, the Developer is to maintain the Excess Lands reasonably. No "multi-modal transportation requirements” shall be imposed on the Excess Lands. 5. Since the ultimate configuration of NC-42 is not known as of the Effective Date, Developer can stripe out a lane as appropriate on Wallace Adcock Boulevard, and a traffic study is not warranted at this time. Entitlement Scheduling 1. At Owner's request the Town will continue the approval of annexation and rezoning (and any other entitlements requiring Board approval) to enable Developer to schedule those governmental entitlement approvals to coincide with Phase I schedule, which will include development of Phase I comprising, among other things, the construction of the Wallace Adcock Boulevard through lands partially owned by Norfolk Southern / RJ Corman, the conveyance of an approximately 11.5 acre tract to the Big Box Retailer, and, at the election of Developer. 2. The Town will facilitate the approval process, so the recording of the Major Subdivision Final Plat is approved for recording prior to Phase I but after annexation and rezoning approval or immediately thereafter. Approval of the Major Subdivision Preliminary Plan shall be a condition of recording of the Major Subdivision Final Plat. The Major Subdivision Final Plat presently contemplates nine (9) lots, Wallace Adcock Boulevard, Pylon Sign 1 easement tract, Pylon Sign 2 lot, Excess Land lots, Lift Station Lot, and will also create remnant lots (to be appropriately labeled) which comprise the remaining lands of Gold Leaf Crossing to be developed in later phases. Furthermore, separate detention pond tract(s) will be created at the request of the Developer. The Town's incentives and obligations to reimburse the Developer for costs associated with the design and construction of public improvements remain in an amount of up to $10,000,000. As previously provided, the Town has established a capital reserve account for these incentive funds that will be used to construct Wallace Adcock Boulevard, which is intended to become a Town- maintained roadway. The proposed amendment to the 2020 Developer Agreement requires the Town to reimburse the Developer for costs associated with public infrastructure and roadway improvements that support the Gold Leaf Crossing project. The total reimbursement funding will not exceed $10,000,000 during the 10-year duration of the development agreement. A capital reserve account has been established and permits the Developer to seek reimbursement for public improvements constructed. The amendments' public hearing notice has been advertised in accordance with North Carolina General Statutes. This amendment agreement has been reviewed and approved by the Town Attorney as to form.  Public Hearing – The public hearing was opened. Rich Barta, 831 E. Morehead Street, Charlotte, NC spoke in favor of the developer agreement amendment. No one chose to speak in opposition to the developer agreement amendment. The public hearing was closed. Discussion – Mayor Massengill stated that this has been an exciting project that has been in the works for a while now. He thanked the developers for attending the Town Board meeting tonight and working with them on this transformational project. Recommendation – Approve the proposed First Amendment and Restatement - Gold Leaf Crossing Development Agreement Regarding Infrastructure, Construction, and Reimbursement between the Town of Fuquay-Varina and FV Retail, LLC as presented and recommended. MOTION: Commissioner Haynes SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed Unanimously (4-0) 7C Zoning Map Amendment - Mark Smith, Burton Engineering - 1920 N Main Street - PIN 0677434209 - REZ-2023-06 Purpose – To consider a requested zoning map amendment for a total of 39.328 acres, located at 1920 N Main Street, from the Residential Agricultural (RA) Zoning District to the General Commercial Conditional Zoning District (GC-CZD). Staff Comments – Planning Director 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 property totals 39.328 acres and is currently within the Town's extraterritorial jurisdiction. The property is subject to annexation and is the subject of annexation case ANX-2023-09. The property is generally cleared and used for agricultural purposes. There is one home on the property with several outbuildings. The property is currently zoned Residential Agricultural (RA) Zoning District. The zoning map amendment petition requests approval of the General Commercial Conditional Zoning District (GC-CZD). This zoning district is intended to permit a mix of high intensity nonresidential development of convenience services, retail, office, institutional, regional retail shopping, employment centers, and service uses. This district is generally located at intersections of and along arterial roads (freeways, expressways, parkways, and boulevards) and major thoroughfares serving two (2) miles or greater in area. Public utilities are required. Additionally, the property falls within the Highway Corridor Overlay (HCO) Zoning District which is intended to encourage and enhance vibrant commercial corridors immediately adjacent to significant highways throughout town while protecting the transportation capacity of these roadways through controlled access points. The proposed conditions are consistent with the requirements of the HCO. The petitioner is requesting only the following uses be permitted at the subject property: 1) Live/Work Unit 2) Community Services 3) Day Care, Accessory 4) Day Care, Commercial 5) School, Trade/Vocational 6) Bank/Credit Union 7) Government Services/Agency 8) Utility Buildings/Use 9) Medical Offices 10) Ambulatory Healthcare 11) Hospital/Medical Center 12) Parks/Facilities, Open & Civic Space 13) Greenways 14) Bus Stop 15) Parking Deck 16) Vehicle/Charter Services 17) Broadcasting Station/Radio, Television, or Filming Studio 18) Small Wireless Facilities  19) Telecommunication Facilities/Services 20) Restaurants/Food Service & Sales 21) Restaurant, Mobile 22) Office, Business/Professional 23) Hotel/Motel/Extended Stay Facility 24) Indoor Recreation 25) Game Room/Arcade 26) Outdoor Recreation 27) Recreation Facility, Private 28) Retail Sales & Service 29) Brew Pub/Bar 30) Convenience Store 31) Dry Cleaning/Laundromat 32) Farmers Market 33) Health Club/Gym 34) Shopping Center 35) Specialized Repair Service 36) Small Engine Repair 37) Vehicle Parts & Accessories, Retail 38) Brewery & Distillery 39) Accessory Uses 40) Business Incubator 41) Temporary Mobile Units 42) Vending Machines 43) Vertical Mixed-Use 44) Animal Hospital/Veterinary Clinic 45) Pet Service The petitioner has also included a reference to the provisions of the Town Board approved Developer Agreement as supplemented, modified or amended. Surrounding properties are generally a mix of commercial and residential uses with some forested areas and industrial uses. The Pine Meadow, Rowland Pond, and Rowland Meadows subdivisions are to the east of the subject property. Several industrial uses as well as forested and cleared agricultural lands are to the south. To the northwest of the property is the Marquee Station apartment complex and several commercial properties. The 2040 Community Vision Land Use Plan (LUP) calls for the Suburban Commercial classification at the subject property. This classification is defined as land serving the daily needs of surrounding neighborhoods. Their proximity to neighborhoods requires that operations be low- intensity, unobtrusive, and at a scale and design compatible with nearby residential development. Larger properties may emphasize retail, dining, entertainment, hotel, and leisure uses. The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan. The following LUP policies support the proposed rezoning: 1) Policy 2.6: Encourage Commercial Development - The zoning petition change to GC-CZD supports the growth of commercial development. 2) Policy 4.1 Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Areas Map - The subject property falls within the Tier 2-NR: Infill Investments Areas, Non-Residential. 3) Policy 5.2 Improve Multi-Modal Connectivity Throughout the Town - Per the Comprehensive Transportation Plan (CTP) the subject property is required to construct a collector street through the property that will eventually connect N Main Street to NC 42 Highway. The requested zoning district is consistent with the 2040 LUP classification and the proposed conditions and accompanying development agreement meet the goals of the Suburban Commercial (SC) classification while providing for a critical commercial need in an area that currently has none. Public water is available to serve the subject property. Sewer will be extended as part of the development. Management and staff recommend approval of the proposed zoning map amendment as it is consistent with the 2040 Community Vision Land Use Plan and 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's Policy 2.6: Encourage Commercial Development. The zoning petition change to GC-CZD supports the growth of commercial development. 2) The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan's Policy 4.1 Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Areas Map. The subject property falls within the Tier 2-NR: Infill Investments Areas, Non-Residential. 3) The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan's Policy 5.2 Improve Multi-Modal Connectivity Throughout the Town. Per the Comprehensive Transportation Plan (CTP) the subject property is required to construct a collector street through the property that will eventually connect N Main Street to NC 42 Highway. 4) Conditions and the Development Agreement proposed by the petitioner effectively limit future development to be compatible with the surrounding areas. At the July 17, 2023, regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing – The public hearing was opened. Rich Barta, 831 E. Morehead Street, Charlotte, NC spoke in favor of the zoning map amendment and land use plan amendment. No one spoke in opposition to the zoning map amendment or land use plan amendment. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2023-06, a zoning map amendment at 1920 N Main Street, from the Residential Agricultural (RA) Zoning District to the General Commercial Conditional Zoning District (GC-CZD). The proposed zoning map amendment is consistent with the 2040 Community Vision Land Use Plan and is reasonable and in the best interest of the public for the reasons identified by management and staff.  MOTION: Commissioner Harris SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed Unanimously (4-0) 7D Voluntary Annexation Petition - Adcock Family Interests LLC, 1920 and 1916 N. Main Street - PINs 0677434209 and a portion of 0677425183 - ANX-2023-09 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 Adcock Family Interest, LLC, located at 1920 and a portion of 1916 N. Main Street, containing approximately 46.612 acres and to approve the Declaration of Annexation Agreement signed by the owner. Staff Comments – Planning Director 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 property is contiguous to the Town's corporate limits. The property contains 46.612 acres, located at 1920, and a portion of 1916 N. Main Street. Garbage and recycling services will not be provided as the property will be a commercial use. Water is available to the property, but sewer is not currently available. The petitioner has signed an annexation agreement related to Town services, and the owner will extend sewer infrastructure as part of the development. A fire flow test resulted in an adequate fire flow of 4,586 gallons per minute. At the July 10, 2023, 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 August 8, 2023, Town Board meeting. The present total value of the portion property being annexed is $1,981.011.  Public Hearing – The public hearing was opened. Rich Barta, 831 E. Morehead Street, Charlotte, NC spoke in favor of the voluntary annexation. 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 Adcock Family Interest, LLC, (ANX-2023-09) and to approve the Declaration of Annexation Agreement as presented and recommended. Ordinance No. N-23-22 MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (4-0) 7E Community Transportation Plan Amendment - Town of Fuquay-Varina - Reduction of Future US 401 Highway Cross-Section - CTA-2023-03 Purpose – To consider a proposed amendment to the 2035 Community Transportation Plan addressing an area for improvement. Staff Comments – Planning Director 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 Community Transportation Plan (CTP) is the adopted ordinance by which all citizens' transportation needs are identified. The CTP seeks to establish the community's desired vision and identifies the steps to achieving it. The Fuquay-Varina 2035 Community Transportation Plan is a living document meant to be revisited and amended as necessary as the community grows. To better align the subject section of US 401 with the improvements proposed by the North Carolina Department of Transportation as part of the implementation of project HL-0006, the realignment of Hilltop Road, the Town is proposing a reduction of the cross-section width from 300' to 200' from the intersection at Lake Wheeler Road to the intersection at Banks Road. The Town's future vision for this section of US 401 includes reducing the speed to 45 miles per hour and installing sidepath, curb, and gutter. Reducing the width of the right-of-way does not alter the US 401 cross-section which remains a six-lane median divided road with sidepaths. Both the MTP and the Town envision the reduced speed and future "super street" integration will serve to provide a vibrant commercial corridor along US 401. The intersection improvements and realignment as proposed by the NCDOT HL-0006 project have been confirmed to fit in the reduced right-of-way which would be implemented by future development along the corridor as NCDOT acquires only the right-of-way necessary for the specific project improvements. The HL-0006 project is approximately 1.7 miles long and improves 3 major intersections along Highway 401. Operational Improvements will consist of turning conventional intersections at Dwight Rowland Road, Lake Wheeler Road, and Hilltop Needmore/Air Park Road, into reduced conflict intersections (RCI). The environmental document has been approved and right of way acquisition is already underway. Construction for the NCDOT HL-0006 project is scheduled to begin in the Fall of 2024 and is estimated to cost approximately $22,495,000. Management and staff recommend approval of CTA-2023-03, a proposed amendment to the 2035 Community Transportation Plan. It is reasonable and, in the public’s, best interest, as it improves upon the 2035 Community Transportation Plan's intent to plan for the future of transportation and growth in the Town. At the July 17, 2023, regular meeting, the Planning Board voted unanimously to recommend approval. Since the Planning Board meeting, an addition to the CTP Amendment has been included to reduce both the right-of-way and cross-section of Wilbon Road between Judd Parkway west to Piney Grove Wilbon Road from a 110' wide right-of-way with a 4-lane median divided road with sidepaths to an 80' wide right-of-way to a 3-lane median divided road with turn lanes and sidepaths. Staff identified that Wilbon Road was incorrectly categorized on the current Community Transportation Plan, and the reduction of this right-of-way and cross-section would more  appropriately design it to be similar to other connecting roads like Old Honeycutt Road and better coordinate the future right-of-way width with recent development along the corridor. Public Hearing – The public hearing was opened. No one chose to offer input on the Community Transportation Plan amendment. The public hearing was closed. Discussion – Mayor Massengill stated that there are a lot of projects coming up related to transportation and 17 projects are being prepared to start in town by the town plus the projects that NCDOT have in the works. All of these projects are going to change the Town in a positive way over the next couple of years. Recommendation – Approve CTA-2023-03, an amendment to the 2035 Community Transportation Plan, as presented and recommended by Town management and staff. The amendment improves upon the Community Transportation Plan and is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Haynes SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed Unanimously (4-0) 7F Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #24 - CTA-2023-02 Purpose – To consider a proposed text amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, Amendment #24 that addresses several areas for improvement. Staff Comments – Planning Director 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. 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 D - Conventional Zoning Districts: • The word "intended" has been added to the description of the Corridor Commercial zoning districts to clarify a grammatical error. Section 2, Article F - Use Regulations: • The use "Bank/Credit Union" has been added as a permitted use to the following zoning districts: RMU, CMU, & EMU, as shown in Attachment A. Additional use standards for drive-throughs related to banks and credit unions have been added further on in Article F. • The requirement for opaque service gates to be installed on dumpsters has been established. Section 3, Article H - Building Type & Architectural Standards: • Clarification has been provided in this section as to when parapets are required on nonresidential buildings. Section 4, Article M - Thoroughfares, Drainage, & Utility Standards: • Clarification has been provided on where and when interconnectivity is required to adjacent parcels as a property develops. Additionally, the requirement to add a secondary stub to an adjacent parcel shall be required if the shared boundary is longer than 800 feet. • In section 9-1605, the guidelines for required public street access have been reorganized to combine the categories that establish the requirements for stubs and full access streets in new major subdivisions. Additionally, language has been added to clarify that the required stubs and full accesses in the above section are in addition to any other stub or cross-access requirement that already exists elsewhere in the LDO, and that these accesses shall be at the discretion of the Engineering Director or their designee. A chart has been developed by staff implementing the new language, for ease of use, and is included as Attachment B.  • A standard that requires a major subdivision to locate their primary access off of a Type 8 or greater thoroughfare has been established. Additionally, if the subdivision being proposed is slated to have more than 550 lots, there shall be two (2) accesses onto a Type 8 or greater thoroughfare. This is in an attempt to discourage large subdivisions from using established subdivision's stub streets as their main access, thereby increasing emergency service response time and causing the existing subdivision to experience disproportionate through-traffic. • Language has been added to section 9-1608 that would allow for infill subdivisions of 24 lots or less to be exempt from right-of-way improvements including construction of the required right-of-way, streetlights, and sidewalks. Dedication of the future right-of-way width would still be required. Section 5, Article N - Parking, Loading & Lighting Design Standards: • The chart Table - Parking Standards has been amended to add the requirement for guest parking in townhouse subdivisions. Attachment C • Clarification of the allowed configuration of parking when provided with a single car garage has been added to the residential off-street parking section. Additionally, it is clarified how tandem parking will be counted toward required parking for subdivisions. • A clerical error in section 9-1657 has been fixed. A sentence referring to a table that was removed in a previous amendment has been removed. Section 6, Article S - Interpretations & Definitions: • The term "infill" has been clarified to mean undeveloped or vacant land that has development on all sides. • A definition has been added for tandem parking spaces, as the term is now used with the edits made to Article N. Section 7, Appendix A - DC-1 & DC-2 Form-Based Developments: • Language has been added to the section on historic properties in the DC-1 & DC-2 zoning districts that require that changes made to buildings designated as historic shall be submitted to the Planning Director for approval. Currently, the Town does not have a  formal review and approval process for changes made to historic properties in these zoning districts. 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 July 17, 2023, regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing – The public hearing was opened. No one chose to offer input on the proposed Town Code amendment. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve CTA-2023-02 Amendment #24, 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-23-03 MOTION: Commissioner Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (4-0) CONSENT AGENDA 8A. Minor Subdivision Plat - Flag Lot - Mauldin Watkins Surveying - 3710 Johnson Pond Road - SUB-REC-2023-01 Purpose – To consider approval of a proposed flag lot submitted by Mauldin-Watkins Surveying PA, located at 3710 Johnson Pond Road. Recommendation – Approve the proposed flag lot, SUB-REC-2023-01, located at 3710 Johnson Pond Road as presented and recommended. 8B. Municipal Agreement, Project Ordinance, and Budget Amendment - BA-24-04 - NCDOT Air Park Rd. Project 17BP.5.R.85 Purpose – To consider approval of the Utility Construction Agreement for reimbursement of a portion of the cost of relocating utilities relating to the NCDOT Air Park Rd. Project 17BP.5.R.85. Recommendation – 1) Approve the proposed Utility Construction Agreement between the Town of Fuquay-Varina and the North Carolina Department of Transportation (NCDOT) as presented and recommended and authorize the Town Manager to execute the Agreements. The agreements have been reviewed by the Town Attorney as to form and are in the best interest of the public. 2) Approve the Project Ordinance for the Utility Construction Agreement as presented and recommended. 3) Approve Budget Amendment BA-24-04 to fund the Utility Construction Agreement as presented and recommended. Ordinance No. N-23-23 8C. FY 2024 Capital Project Ordinances, Amendments and Roll Forward of 2023 Unfulfilled Commitments Purpose – To recommend the approval of Project Ordinances and Amendments to establish funding for new capital projects, as outlined in the FY 2024 Adopted Budget Ordinance, and  various 2023 unfinished commitments as presented and recommended by management and staff. Recommendation – Approve Project Ordinances, Project Ordinance Amendments and Budget Amendments to appropriate funding for unfulfilled commitments and capital projects as presented and recommended. Ordinance No. N-23-24 Ordinance No. N-23-25 8D. Easement Agreement - Ting Fiber, LLC - 4621 Shady Greens Drive Purpose – To consider an easement request from Ting Fiber, LLC for the installation of an active fiber cabinet at 4621 Shady Greens Drive. Recommendation – Grant the requested easement to Ting Fiber, LLC, as presented and recommended, and authorize the Town Manager to execute the easement document on behalf of the Town, subject to the Town Attorney review to form. 8E. Budget Amendment - Pay & Classification Market Study and New Positions - BA-24-05 Purpose – To reallocate budgeted funds from Central Services to the various departments for approved new positions and as allocated in the approved Pay and Classification Market Study. Recommendation – Approve Budget Amendment BA-24-05 as presented and recommended. Ø Commissioner Harris requested to remove this item from the Consent Agenda for further discussion. 8F. Voluntary Annexation Petition - McKee Homes, LLC & Evergreen Development, LLC - 0 & 2406 Fleming Road - PINs 0646955743 and 0656052922 - ANX-2021-06 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 located at 0 & 2406 Fleming Road owned by McKee Homes, LLC and Evergreen Development, PINs 0646955743 and 0656052922, containing approximately 35.19 acres, and to approve the Declaration of Annexation Agreement. Recommendation – Adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition, and the resolution setting the public hearing for a voluntary annexation petition on August 22, 2023, for property owned by McKee Homes, LLC and Evergreen Development, LLC (ANX-2021-06) as presented and recommended. Resolution No. 23-1821 Resolution No. 23-1822 8G. System Development Fee Settlement Agreement and Budget Amendment - BA-24-08 Purpose – To consider approval of a System Development Fee Settlement Agreement and corresponding budget amendment (BA-24-08). Recommendation – Approve the System Development Fee Settlement Agreement and Budget Amendment (BA-24-08), as presented and recommended. 8H. Roadway Fee-In-Lieu - St. Raphael’s Church Expansion Purpose – To consider approval of a Roadway Fee-In-Lieu payment for roadway improvements related to the St. Raphael’s Church Expansion in the amount of $77,134.95. Recommendation – Approve a total of $77,134.95 as payment-in-lieu for roadway improvements associated with the St. Raphael’s Church Expansion as presented and recommended. 8I. Ordinance - Rescinding NCDOT Speed Limit - 45 mph to 35 mph - NC Highway 42 West Purpose – To concur with NCDOT and execute a municipal certification that reduces the speed limit on West Academy Street (NC Highway 42) from 45 mph to 35 mph. Recommendation – Approve and authorize the Town manager to execute the NCDOT Certification of Municipal Declaration to repeal speed limits and request for concurrence. Ordinance No. M-23-01 8J. Contract Award - Wastewater Collection System Asset Inventory & Assessment AIA-W-ARP- 0069 Purpose – To consider a contract award to Withers Ravenel for engineering services for the Wastewater Collection System Asset Inventory & Assessment Project. Recommendation – Approve the Contract Award to Withers Ravenel for engineering services for the Wastewater Collection System Asset Inventory & Assessment Project in the amount of $475,000, as presented and recommended. 8K. Budget Amendment - Fire Department - Recognize Funds from CPI Security - $3,500 - BA-24- 06 Purpose – To consider a budget amendment that recognizes a donation from CPI Security to the Fuquay-Varina Fire Department. Recommendation – Approve budget amendment BA-24-06 as presented and recommended. 8L. FY 24 Pay Grade and Position Classification Schedule Revision Purpose – To consider adoption of a revised pay grade and position classification schedule for FY 2024. Recommendation – Adopt the revised FY 2024 pay grade and position classification schedule as presented and recommended. Ø Commissioner Harris requested to remove this item from the Consent Agenda for further discussion. 8M. Town Code Amendment - Part 5 - Municipal Utilities - Chapter 2 - Sewerage Collection and Disposal - Article L- Fats, Oils, and Grease Control Purpose – To consider adopting a Town Code amendment, Part 5 Municipal Utilities, Chapter 2, Article L - Fats Oils and Grease Control that complies with the Clean Water Act, and NC Administrative Code Title 15A, Subchapter 02T rules. Recommendation – Approve a town code amendment adopting Part 5 Municipal Utilities, Chapter 2, Sewerage Collection and Disposal, Article L - Fats Oils and Grease Control that complies with the Clean Water Act, and NC Administrative Code Title 15A, Subchapter 02T rules, as presented and recommended. Ordinance No. M-23-02 8N. Town Code Amendment - Part 5 - Municipal Utilities - Chapter 1 - Water Supply and Distribution - Article D - Cross-Connection Control Program Purpose – To consider adopting a town code amendment enacting Part 5 Municipal Utilities, Chapter 1, Article D-Cross-Connection Control Program that complies with the Safe Drinking Water Act, North Carolina Administrative Code, and the North Carolina State Building Code.  Recommendation – Approve a town code amendment enacting Ordinance Part 5 - Municipal Utilities - Chapter 1 - Water Supply and Distribution - Article D - Cross-Connection Control Program. Ordinance No. M-23-03 A motion was made to approve Consent Agenda Items 8A, 8B, 8C, 8D, 8F, 8G, 8H, 8I, 8J, 8K, 8M and 8N. MOTION Commissioner Harris SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (4-0) ITEMS REMOVED FROM CONSENT 8E. Budget Amendment - Pay & Classification Market Study and New Positions - BA-24-05 Purpose – To reallocate budgeted funds from Central Services to the various departments for approved new positions and as allocated in the approved Pay and Classification Market Study. Recommendation – Approve Budget Amendment BA-24-05 as presented and recommended. 8L. FY 24 Pay Grade and Position Classification Schedule Revision Purpose – To consider adoption of a revised pay grade and position classification schedule for FY 2024. Recommendation – Adopt the revised FY 2024 pay grade and position classification schedule as presented and recommended.  Commissioner Harris asked if Items 8E and 8L overlap the pay and classification and is there an adjustment. Town Manager Mitchell stated that Item 8E moves the money budgeted for in the adopted pay plan to the various departments from a central accounting holding account and Item 8L was requested by the Engineering Department to reclassify the Engineering Construction Inspector to a better suited position of an Engineering Technician. A motion was made to approve Consent Agenda Items 8E and 8L. MOTION Commissioner Harris SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed Unanimously (4-0) ADMINISTRATIVE REPORTS 10A Community Center North Construction - Guaranteed Maximum Price - Edifice General Contractors - Project Ordinance Amendment POA 24-04 Purpose – To consider approval of the Guaranteed Maximum Price (GMP) of $26,507,982 with Edifice General Contractors, approve a Project Ordinance Amendment POA-24-04, and authorize the Town Manager to execute GMP documents for the construction of Community Center North. Staff Comments – Parks and Recreation Director Cox entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He provided information about the agenda item by making the following remarks. Community Center North is a 76,950 square foot multigenerational facility that will be located at Hilltop Needmore Town Park and Preserve on the southern side of Hilltop Needmore Road. Community Center North will offer a number of quality-of-life amenities that include three gymnasiums that will provide the opportunity for basketball, volleyball and pickleball, two racquetball courts, a suspended walking track, program spaces that include a teaching kitchen, flex/multi-purpose rooms, technology room, arts and crafts room and an exercise/weight room. In addition, Community Center North includes an active adult wing that offers a lounge, exercise studio, flex/multi-purpose rooms, arts and crafts room, and a gathering corridor. In early spring of 2023, HH Architecture completed the design for the Community Center North Project and submitted site, building, and erosion control plans for review to the appropriate entities for permitting. On January 18, 2022, The Town Board approved the selection of Edifice General Contractors to provide Construction Manager at Risk (CMAR) services for the Community Center North Project that included pre-construction components; schematic design, design development, construction documents, pre-qualification of trade contractors, public bid process, and present the Town with a guaranteed maximum price for construction. Edifice General Contractors released the Community Center North bid package in late May with a formal bid opening on June 28, 2023, at HNTPP Clubhouse. At this time, only ten formal divisions were able to be opened due to lack of pre-qualified bidders submitting bids and the remaining eight division were re-advertised as required by NCGS for seven days. On July 6, 2023, the remaining eight divisions were opened. Since the second bid opening, Edifice General Contractors has conducted descoping meetings with all pre-qualified sub-contractors who submitted the lowest responsible bid to ensure all elements in the plans were included in each bid. On Monday, June 31, 2023, Edifice General Contractors submitted a GMP (Guaranteed Maximum Price) to the Town for $26,507,982 to construct the Community Center North. The GMP includes a total of $504,133 in allowances and will only be used if necessary and approved by the Town and includes a 3% GC contingency which is industry standard, any unused contingency or allowances will remain with the Town at the conclusion of the project. The total cost of constructing the Community Center North Project is $28,503,707 and is within the $29,400,000 project budget. The Community Center North construction funding of $29,400,000 million is available from a voter approved $18.5M 2021 Parks and Recreation bond, $150,000 from the 2/3 Bonds ($1.5 million is reimbursing the General Fund for design costs) a state appropriation of $10M, award of $250,000 in matching community school grant funding from Wake County and award of $500,000 from PARTF funding. Staff and management recommend approving the GMP to construct Community Center North with Edifice General Contractors as recommended. This construction contract will complete both Phases I and II within the anticipated construction budget for Phase I, which positions the Town to accommodate registration growth at a lower tax rate impact than was shared in Parks and  Recreation Bond Information in 2021. Duration of the project is projected to take 550 days with substantial completion anticipated on February 2, 2025. Discussion – Mayor Massengill stated that this project has been a long time in the making and a lot of amenities will be included in the building that are not in other buildings. He stated that he hopes that February 2025 the doors will be open for this new facility. Recommendation – Approve the Guaranteed Maximum Price (GMP) of $26,507,982 with Edifice General Contractors, approve a Project Ordinance Amendment, and authorize the Town Manager to execute GMP documents for the construction of the Community Center North Project subject to Town Attorney review as to form. Ordinance No. N-23.25.1 MOTION: Commissioner Haynes SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed Unanimously (4-0) 10B Second Interlocal Agreement Amendment - Wake County Board of Education - Hilltop Needmore Road Elementary School (E-44) Purpose – To consider an amendment to an Interlocal Agreement with the Wake County Board of Education for development the Hilltop Needmore Road Elementary School and Community Center North Project. Staff Comments – Assistant Town Manager Mark Matthews entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He provided information about the agenda item by making the following remarks. Upon conveyance of what is now Hilltop Needmore Town Park and Preserve in 2019, the Town entered into an Interlocal Agreement for future development of the elementary school site and the adjacent portion of Town land that would become the new Community Center North. Pursuant to this agreement, the Town engaged in a collaborative master planning process with Wake County Board of Education (BOE) as envisioned in the active interlocal agreement for future development of the site. This process was designed to develop a cohesive Hilltop Needmore Road Elementary School (E-44), Community Center North, and park layout that promote complementary usage, efficiency and cost savings in construction and infrastructure, and a long-term maintenance plan in the mutual interest of Town and Board of Education programs while being good stewards of the public dollar. Consistent with the active interlocal agreement, both entities master planned the site in good faith without respect to property boundaries, and in full anticipation that an exchange of property would be required to develop the Master Plan. At the conclusion of the master plan phase, both the Town Board of Commissioners and the Wake County Board of Education approved a joint master plan, exchange of property, joint use agreement, and the first ILA Amendment for programming and planning the Community Center North and Hilltop Needmore Road Elementary School in September 2021. The Master Plan identifies the location of key components of the Community Center, Town Park, and elementary school campus including shared infrastructure such as driveways and stormwater facilities, and property boundaries were established to best align property ownership with the nature of use and maintenance responsibility. Since adoption of the Master Plan, as both projects were refined during the design and construction document development process, it became apparent that two items not contemplated in the First Amendment to the ILA should be considered for the mutual benefit of the Town, school, and general public. First, a right turn lane from Eastbound Hilltop Needmore Road into the primary and secondary (bus loop) driveway for the school and community center campus was recommended by the school project's transportation engineer and supported by the Town Engineering Director as necessary for safe ingress and egress from a major thoroughfare. However, the North Carolina Department of Transportation (NCDOT) Municipal and School Transportation Assistance Program (MSTA) determined the right turn lane would not be required, and thus not funded by NCDOT. Since SB 296 became law in 2017, the Town has been prohibited from requiring schools to make transportation improvements to state roads, and NCDOT may require but must pay for any transportation improvements it requires for the school. Since NCDOT did not require the right turn lane, and both Wake County Public School System and Town staff agree that inclusion of this right turn lane is beneficial to both Community Center and School users, as well as the general public, both staffs are recommending an ILA amendment in which the Town agrees to fund 50% of the construction cost of this right turn lane at an estimated construction cost of $800,000. Both the Town and school project team have worked collaboratively to identify the most cost-effective manner to move this additional turn lane forward, and determined the best path will be for the Town to construct the turn lane as a Town- administered local transportation project. Town staff have discussed this approach with NCDOT staff, who have indicated they are generally supportive and may be able to provide some in kind support of material to reduce the cost of the project to both the Town and WCPSS. Town staff will continue to work collaboratively with the school project team to endure that certain components, such as traffic signal poles are placed in a manner to accommodate the future turn lane construction while minimizing disruption and cost. Design for the turn lane was initiated by WCPSS and is nearing completion, and construction is currently anticipated by late Summer 2023. Second, since adoption of the Master Plan both the Community Center and School design team determined that the public greenway originally anticipated to cross the main driveway at grade at the entrance from Hilltop Needmore Road should be carried further south to provide a safer and higher visibility crossing closer to the Community Center parking lot entrance for greenway users while also providing a direct connection the school's pedestrian network on the west side of the main driveway. Under the previously approved First Amendment to the ILA, construction of this greenway is a school responsibility. In order to accommodate this change while promoting efficient, effective, and safe site control for the two different construction teams, Town and school staff recommend that the portion of greenway identified on the Town property will be constructed by the Town and reimbursed by the Wake County Board of Education. The Town's Construction Manager at Risk estimates the cost of this portion of greenway will be approximately $48,000. Town Management wishes to acknowledge and express appreciation for the Wake County Public School System's continued partnership as both entities work collaboratively in the best interest of our shared public. The recommended second interlocal agreement is the result of several years of coordination, effective communication, hard work, trust, and vision by both staffs and effective collaboration between two design and construction teams. For this reason, Town Management recommends approval of a second amendment to the ILA for development of school and park  facilities in Fuquay-Varina. This action and continued coordination between both projects will ensure success as both projects are constructed over the next 12-18 months. The estimated cost of the right turn lane to be constructed on a 50/50 cost share basis by the Wake County Board of Education under the proposed ILA Amendment is $800,000 based upon preliminary cost estimates from the WCPSS project team, and the design cost is estimated at $70,000. The Town portion of this cost can be accommodated within the Community Center North Project Budget, and WCPSS funding may be recognized by a future project ordinance amendment at the time of contract award. In addition, the ILA amendment proposes the Town construct and be fully reimbursed for a portion of the greenway on Town property that is the financial responsibility of the school system. The estimated cost of this portion of greenway is $48,000. Discussion – Mayor Massengill stated this is a good project and he thanked staff for working with Wake County Schools. Recommendation – Adopt the Second Interlocal Agreement Amendment for the Community Center North and Hilltop Needmore Road Elementary School project subject to Wake County Board of Education Approval and Town and School Board attorney review as to form. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (4-0) 10C Project Ordinance - Roadway Projects - Purfoy Road & Holland Road Operational Improvements; Johnson Pond Road & Hilltop Needmore Road Operational Improvements; and Hwy 55 & Old Honeycutt Road Operational Improvements Purpose – To create a project ordinance establishing a budget for the design and right of way acquisition for three 2021 Transportation Bond Priority Projects. 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 provided information about the agenda item by making the following remarks. In 2021, the citizens of Fuquay-Varina approved $20 million in Transportation Bonds for various transportation-related projects. During this year's Town Board Retreat, the Town Board decided to advance seven new priority transportation improvement projects using the 2021 Transportation Bond funding. The first four priority projects in Phase 1 are currently under design and planned to start construction in 2024. Phase 1 projects include: 1) Bass Lake/Sunset Lake/Hilltop Needmore Operational Improvements 2) SE Judd & Angier Road Operational Improvements 3) Hwy 55 & James Slaughter Operational Improvements 4) Old Honeycutt Road & Kennebec Road Operational Improvements Projects in Phase 2 that will begin design and right-of-way acquisition are as follows: 5) Purfoy Road & Holland Road Operational Improvements 6) Old Honeycutt Road & Hwy 55 Operational Improvements 7) Hilltop Needmore Rd. & Johnson Pond Road Operational Improvements. The total cost of the design and right-of-way acquisition for these three Phase 2 projects is estimated to cost $1,150,000. Proposed improvements to these intersections will be multimodal in nature and will include the addition of turning lanes, mast arms, signal modifications, and pedestrian accommodations. Management and staff recommend funding the design and right- of-way acquisition of these three remaining 2021 Transportation Bond priority projects. The cost for design and right-of-way acquisition for the following projects is as follows: • $300,000 for the Purfoy Road. & Holland Road Operational Improvements • $600,000 for the Old Honeycutt Road & Hwy 55 Operational Improvements • $250,000 for the Hilltop Needmore Road & Johnson Pond Road Operational Improvements.  The total cost of design and ROW acquisition for these three projects is $1,150,000. Funding for these projects' design and ROW work will be allocated from prior transportation bond premiums. Discussion – Mayor Massengill stated that out of the 17 transportation projects this is the first step to getting those projects done. He asked about the timeframe for these projects to go for construction. Engineering Director Matt Poling stated that it is projected to be late 2024. Recommendation – Approve the project ordinance establishing the budget to begin design and right of way acquisition for the Purfoy Road & Holland Road Operational Improvements; Johnson Pond Road & Hilltop Needmore Road Operational Improvements; and Hwy 55 & Old Honeycutt Road Operational Improvements. Ordinance No. N-23-26 MOTION: Commissioner Harris SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (4-0) 10D 2023 Combined Utility Revenue Bonds - Preliminary Findings Purpose – To consider approval of a resolution that makes the preliminary, formal determination to move forward with the issuance of Combined Utility Revenue Bonds and authorizes Management and staff to proceed with the LGC process to move the projects forward. Staff Comments – Assistant Finance Director Nicole Stevens 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. In order to complete the funding for the Sanford Expansion project and Southern Oaks Sewer Pump Station, it is estimated the Town will need an additional $45 million dollars in addition to the loans and grants already awarded for these projects. The best available tool for financing Water and Sewer projects is issuing Revenue Bonds. Utility Revenue Bonds pledge the revenues generated from Water and Sewer Operations to pay the principal and interest payments of the bonds, and the debt is considered extremely secure due to the rate-setting pledge. The Sanford Water Treatment Plant Expansion has a total estimated cost of $288 million, of which approximately 30% is the Town's share of the cost. After deducting all grants and loans awarded for this project, it is estimated an additional $34 million will be required to completely fund this project. Sanford is in the process of bidding for this project and expect to have final costs by the end of August. The Southern Oaks Sewer Pump Station has an estimated cost total cost of $12.84 million of which $2 million in GO bonds will be used for the design of the project leaving approximately $11 million of additional funding needed for this project. The project is currently in the design phase of the project. The proposed Resolution makes the preliminary, formal determination to move forward with the revenue bond issue, establishes the findings of fact for the project and authorizes Town Management and staff to proceed with the LGC process to move the project forward. Management and staff recommend the approval of this resolution in order to start the process of LGC approval of the funding of the Town's share of the Sanford Capacity Expansion and Southern Oaks Sewer Pump Station. At this time, it is estimated that approximately $45 million in Combined Utility Revenue bonds will be needed to complete the funding sources necessary to support the Sanford Expansion Project and the Southern Oaks Sewer Pump Station. The Town has been awarded for the Sanford Expansion project, $9 million in ARPA grant funds and $49 million in low interest SRF loans, repayable at 1.16% interest, from the State Water Infrastructure Authority (SWIA). Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve the Resolution of Preliminary Findings and authorize Management and staff to take steps to further the purposes of the resolution. Resolution No. 23-1823  MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (4-0) OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the following updates: o Public Utilities Department – The interlocal agreement for the Sanford Water project has been approved by all parties. Brian Green was recently hired as a Utility Line Locator. o The Planning Department – The Planning Department is advancing the Community Transportation Plan Update process and will include a stakeholders committee that will be meeting soon. o The Inspections Department – The Inspections Department is still busy with permits. There is a property on South Main Street that they have been working to get demolished under the Building Code and Town Code. They have been working with the old Exxon property across from the Food Lion at Judd Parkway and Broad Street to get it in better shape. o The Engineering Department – The Engineering Department has been busy and the Downtown Varina parking lot project is underway, and contractors are getting mobilized. He stated that the land for the parking lot was donated by Ample Storage and the Town appreciates their contribution to the improvements in the Varina Downtown area. The Police Station parking lot improvements will be underway after the cell tower is removed. Improvements for the Mill Creek/401 intersection has been advertised and the South Main/South Judd has been approved by NCDOT and the Town will be issuing a notice to proceed. o The Economic Development Department – The Economic Development Department has the RFQ out for the Downtown Mix Use Project and will be due September 21st. Tomorrow the RFP for the demolition for properties of the downtown properties closes. He encouraged everyone to look at the Town’s Economic Development Facebook page, Downtown FVA website, Economic Development website and the LinkedIn page. A Downtown promotional video has been unveiled and he encouraged everyone to view it. o The Parks and Recreation Department – The Parks and Recreation Department has promoted Gerry O’Connell to the new Recreation Program Specialist for Active Adult Programs. The  renovations at Town Hall are nearing completion. The Community Center North project is going to be under construction soon and a groundbreaking event will be planned. o Arts Center – The Arts Center is currently interviewing candidates for the full time Rental and Special Events Coordinator position. The Community Theater has begun rehearsals and fall class registration is open. He encouraged everyone to look at the brochure that was handed out with all the upcoming events at the Arts Center. o Public Works – The Public Works Department had a storm event this past Monday evening and there was not substantial damage done but a lot of power outages. The streetsweeper was out working today cleaning up the streets. The staff performed a waste characterization analysis with the recycling processor Sonoco Recycling. This analysis measures how much non-recyclable waste gets into the recyclable waste stream. The Town’s percentage did go up, but the Town’s numbers are still better than the national average. He informed the Town Board if they are interested in attending a tour of the recycling facility in Raleigh once it is set up, he will let everyone know. o IT – The IT Department continues to work on implementation of numerous project that support various departments. Most recently they worked on the Police Department’s body cam and car cam conversions. o Finance – The Finance Department has again received the Certificate of Achievement for Financial Excellence from the Government Finance Officers Association for Fiscal Year 22. This is the 10th year for that the Finance Department received this award. o Police Department - The Police Department has had a couple of great community events. They filled 400 book bags with school supplies and distributed them at the Dr. William Freeman Park. They are also hosting the second Junior Police Academy and a forensic camp that starts next Wednesday. The Police Department is in first place for the North Carolina fundraising for the North Carolina Special Olympics with a total of $90,000 raised so far. They had a very successful National Night Out event. o The Fire Department – The Fire Department Battalion Chiefs, Dustin Grimes and Dwayne Blalock, participated in the Leadership in Supervision Class last week at the National Fire Academy in Maryland. The new engine truck committee will leave this coming Monday for South Dakota to meet with other engineers and the company that will be building the trucks and finalize building specifications. Fire Station #4 ribbon cutting will be sometime in early mid-November. The Fire Department had a career ladder move for Juan Varela from Firefighter 1 to Firefighter II.  o Communications Department – The Communications Department has been working on information for the Town’s website and a video to inform the public about the Bond Referendum in November for the proposed Parks and Recreation $60 million Bond Referendum. o Human Resources Department – The Human Resources Department has been very busy implementing the new online application portal for all new jobs. o The Ice Cream Social was a very nice event. o Town Manager Mitchell has been participating in the NC Metro Mayors Rail Working group. This group will evaluate passenger rail throughout the North Carolina. o The 2023 9/11 Day of Remembrance event is being planned now. o Town Manager Mitchell has been preparing for the bond rating agency meeting that will take place at the end of August to convince them that Fuquay-Varina is a solid investment so that the Town can get the best revenue bond rating possible for borrowing funds for the water project. 11B Project Status Report – August 2023 11C Quarterly Report – 4th Quarter FY 2023 11.D Police Department - Junior Forensic Camp - Wednesday August 16, 2023 11.E Coffee with a Cop - Front Porch Realty - 604 N. Main Street - Wednesday September 6, 2023 - 9:00 am - 10:30 am 11.F FM2FV Concert - North Tower - Thursday September 7, 2023 - 6:30 pm - 9:30 pm - Centennial Park BOARD MEMBER COMMENTS Commissioner Gardner stated that it was an important night with projects like Gold Leaf Crossing and Community Center North moving forward. She stated that she was proud of the Police Department for all the outreach projects in the community that they have done. Commissioner Harris thanked the Town Manager, Assistant Town Manager, Communication Director Economic Development Director, IT staff who participated in the visit from the Moldova Delegation. He reported that this program is designed to promote the sister city concept that stems from the Secretary of State’s office. He stated that since he is the President of the NCLM, they were asked to bring this program to Fuquay-Varina. He stated that the staff did an excellent job and the attendees from Moldova were very impressed with the Town’s programs and the venue. Commissioner Haynes stated he is glad to see the Community Center North project getting underway as he was the Chairman on the Parks and Recreation Board at the time this was just being thought about. He reported that the Ice Cream Social was a great event and he talked to so many new citizens. He reported that he cooked the hot dogs for the Police Department school backpack giveaway at Dr. Freeman Park. He also stated that he has received so many great comments from people outside of Fuquay-Varina regarding the downtown video. He reported that he attended the grand opening for the Citadel Event Space which is on the second floor in the Queue Building on Main Street. He stated that Genel Webb, who is a very valuable community member got married this past weekend and will be moving from our community as she is the first lady of Wilberforce University. He stated that Chairman of the Chamber of Commerce Nolan Perry’s mother passed away this past weekend and he had just received the funeral arrangements if any of the Town Board members would like that information. Mayor Pro-Tem Smith stated that he wanted to speak on customer service. He stated that he met with a development company that had some questions and he gave them one of the Assistant Town Manager’s name and they already have a meeting set up with the Economic Development Director. He stated that National Night Out event was a huge success and he noticed that a grandmother was given a bicycle helmet for her grandchild that could not attend the event. He also met another couple at the event that has just moved to Fuquay-Varina, and they expressed their fondness for Fuquay-Varina. He then stated that he had a problem with a sensor on his water meter and staff came out and found the problem. He said that all this just reminded him that the Town is touching people lives in a positive way every single day, and he thanked staff for all that they do for the citizens. Mayor Massengill stated that there are a lot of great fall and winter events scheduled at the Arts Center. He also expressed his excitement for the Excellence in Financial Reporting Award that was given to the Town’s Finance Department for the 10th year. He commended the Finance Department for all they do. He reported that the Downtown Association had a meeting with citizens to update them on everything that is going on downtown and encouraged Town Board members to attend one of these meetings in the future. He stated that Congressman Wiley Nichols came to Fuquay-Varina and that they spent half a day together with the Police and Fire Departments. He reported that when there is a storm and citizens lose power that he gets a lot of calls requesting power updates, and he has no control over when Duke Energy will be able to get power back on. He stated that staff worked hard during storm clean-up and making sure that the streets are safe for travel. The following items are Mayor Massengill’s past and future events: Past Events 7/11 – FVDA Board Meeting 7/11 – Chamber Ribbon Cutting UPS 7/12 – Chamber -Groundbreaking ALG Senior 7/13 – Chamber Business After Hours 7/13 – American Legion Officer Installation 7/14 – Metro Mayor’s Call 7/15 – Police Department Jeep Jam for Special Olympics 7/16 – FV Ice Cream Social 7/17 – Wake County Mayor’s Association Meeting 7/19 – Coffee with a Cop – Starbucks 7/19 – Chamber Board Meeting 7/19 – CAMPO Meeting 7/21 - Metro Mayor’s Call 7/21 – Police Department Pancake Supper Fundraiser 8/1 – National Night Out – Police Department 8/2 – Congressman Nickels at the Police and Fire Stations 8/3 – Police Department – School Supplies Giveaway 8/8 – FVDA Board Meeting 8/8 – Groundbreaking Ceremony – Hilltop Needmore Elementary Upcoming Events 8/10 – FV Chamber Connect 8/11 – Metro Mayor’s Call  8/14 – Police Swearing in 8/16 – FV Chamber Board Meeting 8/16 - CAMPO Exec. Board Meeting 8/17 – FV Chamber Business After Hours 8/19 – Police Department – Special Olympics Pass the Hat ADJOURNMENT A motion was made to adjourn the meeting at 8:53 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (4-0) The minutes from the August 8, 2023, Town Board of Commissioners regularly scheduled meeting are adopted this 22nd day of August 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