Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting September 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 Tuesday, September 5, 2023, Vacant Seat - Commissioner Adam G. Mitchell, Town Manager at 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, Assistant Town Manager Jim Seymour, Town Clerk Rose Rich, Town Attorney James Adcock, IT Director Scott Clark, and various other department directors. CALL TO ORDER Mayor Massengill called the meeting to order at 7:00 pm. INVOCATION AND PLEDGE Mayor Pro-Tem Larry Smith provided the invocation and Staff Engineer Cody Simonson 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 September 5, 2023, Town Board of Commissioners Regular Scheduled meeting. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (4-0) PRESENTATIONS 4A Employee Recognition - Engineering Department Staff Purpose – To recognize Engineering Department staff that have recently received professional licenses and certifications. Staff Comments – Engineering Director Matt Poling entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information about the agenda item and made the following remarks. Cody Simonson recently passed his Professional Engineering exam. Passing this exam demonstrates a person's knowledge of the standard principles in Engineering. Also, Gary Janshego and Derrick Wells passed the NCDOT Asphalt Quality Management System (QMS) certification exam. This certification helps to demonstrate a person's knowledge of asphalt mixes, design, and standard paving operations. Mayor Massengill commended all for taking the time to obtain the education and certifications in an effort to improve the Town’s infrastructure. 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 September 5, 2023, Town Board meeting. PUBLIC HEARINGS 7A Zoning Map Amendment - Mohamed Elfadaly, Alnoor Islamic Center - 6317 Sunset Lake Road - PIN 0668457392 - REZ-2023-10 Purpose – To consider a requested zoning map amendment for a total of 4.99 acres, located at 6317 Sunset Lake Road, from the Residential Agricultural (RA) Zoning District to the Office & Institutional Conditional Zoning District (O&I-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 4.99 acres and is currently in the Town's extraterritorial jurisdiction and is the subject of annexation petition ANX-2023-12. The current use of the property is as a Place of Worship for the Alnoor Islamic Center. The property is currently zoned Residential Agricultural (RA) Zoning District. The zoning map amendment petition requests approval of the Office & Institutional Conditional Zoning District (O&I-CZD). This zoning district is intended to permit a development of office uses and institutional uses including but not limited to, public or private schools, places of worship, hospital, assisted living facilities, nursing homes and the integration of complementary retail uses to serve the office and institutional uses and developments. Primary locations for office and institutional uses are located at intersections and along arterial thoroughfares (freeways, expressways, and boulevards) and major and minor thoroughfares. The petitioner is requesting the following uses be permitted at the subject property: Place of Worship and associated accessory uses. Surrounding properties are generally residential in nature. The Saddle Run subdivision is to the west and the Evan Glen and Sonoma Springs subdivisions are to the southeast and east respectively. The Southview Pointe and Woodland Point subdivisions lie to the east and the currently-under-construction Infinite Storage is to the southeast. Adcock's Nursery is to the north of the subject property. The 2040 Community Vision Land Use Plan (LUP) calls for the Civic & Institutional (CIV) classification at the subject property. This classification is defined as land developed to support a building or complex of buildings that serve a public purpose, including, but not limited to, a library, school, place of worship, police station, fire station, recreation centers, public works complex, town hall, or other government or mission-based services. Visual qualities of the buildings and their surrounding grounds should reinforce a specific brand and design character for Fuquay-Varina. 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 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, Residential. As a civic use, the location is ideal to support growing residential development in the area. 2) Policy 5.2 Improve Multi-Modal Connectivity Throughout the Town - Per the Comprehensive Transportation Plan (CTP) dedication for the future right-of-way of Sunset Lake Road along the subject property's frontage is required upon development. Public water is available to serve the subject property. The subject property is located along Sunset Lake Road. Sunset Lake Road is classified by the Town's 2035 Community Transportation Plan as a 110-foot right-of-way and identified as a four (4)-lane, median divided road with sidepaths, and a future carrying capacity of 36,600 ADT. Sunset Lake Road is currently a two (2)-lane road with a current carrying capacity of 11,700 ADT. 2021 NCDOT Traffic counts taken approximately 0.3 miles south of the subject property indicate an ADT of 14,500. The petitioner held a neighborhood meeting on July 5, 2023 via the online Zoom meeting application. The meeting report is attached, and the staff takes no position as to its content. 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 Land Use Plan Policy 4.1 Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Areas Map as the subject property falls within the Tier 2-NR: Infill Investments Areas, Residential. 2) The requested zoning map amendment is consistent with the 2040 Land Use Plan Policy 5.2 Improve Multi-Modal Connectivity Throughout the Town as dedication for the future right-of-way of Sunset Lake Road along the subject property's frontage is required upon development. 3) The requested zoning map amendment is consistent with the current use of the property as a place of worship. 4) Conditions proposed by the petitioner effectively limit future development to be compatible with the surrounding areas. While a Place of Worship is a permitted use in residential zoning districts, approval of a Special Use Permit is required for all additions and expansions. The proposed zoning map amendment will align the current use of the property with the applicable zoning district and apply the nonresidential development standards to the property. At the August 21, 2023 regular meeting, the Planning Board voted unanimously to recommend approval. There was no further discussion.  Public Hearing – The public hearing was opened. No one spoke in favor or 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-2023-10, a zoning map amendment at 6317 Sunset Lake Road, from the Residential Agricultural (RA) Zoning District to the Office & Institutional Conditional Zoning District (O&I-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 Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (4-0) 7B Voluntary Annexation Petition - Mark & Rebecca Millsaps, 7916 Twin Pines Way - PIN 0665665601 - ANX-2023-11 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 7916 Twin Pines Way owned by Mark and Rebecca Millsaps, PIN 0665665601, containing approximately 1.993 acres, and to approve the annexation agreement related to sanitation and recycle services to the property. 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, containing 1.993 acres. Town water and sewer are available. The petitioner has signed a Declaration of Annexation not to receive municipal residential trash and recycling services. A fire flow test resulted in an adequate fire flow of 1,057 gallons per minute. At the August 22, 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 September 5, 2023, Town Board meeting. The present total value of the portion property being annexed is $434,680. Public Hearing – The public hearing was opened. Wayne Mauldin, 139 N. Main Street spoke in favor of the voluntary annexation petition. Bill Wilkerson, 7917 Twin Pines Way did not speak in favor or opposition. His concern was how the septic tank would be abandoned once connected to Town sewer. The public hearing was closed. Discussion – Mayor Massengill asked Public Utilities Director Mike Wagner to give information about the abandonment of the septic tank. Public Utilities Director Wagner stated that the owners would have to follow all state laws for abandoning the septic tank which would be to have it cleaned out and then possibly filled in. Mayor Massengill stated that a permit with Wake County Environmental would be enforcing the rules, verifying and inspecting the abandonment and the Town would be inspecting the tie to Town’s system. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Mark and Rebecca Millsaps (ANX- 2023-11) and to approve the Declaration of Annexation Agreement as presented and recommended. Ordinance No. N-23-29  MOTION: Commissioner Haynes SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed Unanimously (4-0) CONSENT AGENDA 8A. Budget Amendment - Bishop Photo - Youth Athletic Scholarship Fund Donation - Parks, Recreation and Cultural Resources - $3,375 - BA-24-10 Purpose – To consider approval of a budget amendment recognizing funds from Bishop Photo for non-resident scholarships within the Parks, Recreation and Cultural Resources Department. Recommendation – Approve budget amendment BA-24-10 as presented and recommended. 8B. Special Event Application and Amplified Sound Permit - Fainting Goat - Youth Band Concert - October 14, 2023 Purpose – To consider the approval of a special event and amplified sound permit request for the Youth Band Concert event at Fainting Goat Brewery scheduled for Saturday, October 14, 2023. Recommendation – Approve the special event and amplified sound permit request for the Youth Band Concert event at Fainting Goat Brewery scheduled for Saturday, October 14, 2023, as presented and recommended. 8C. Special Event Permit and Amplified Sound Permit Request - Oaklyn Springs Brewery - Octoberfest - September 9, 2023 Purpose – To consider approval of a special event and amplified sound permit for Oaklyn Springs Brewery's Octoberfest event, scheduled for September 9, 2023. Recommendation – Approve the special event and amplified sound permit for Oaklyn Springs Brewery's Octoberfest event scheduled for September 9, 2023, as presented and recommended. 8D. Special Event Application and Amplified Sound Permit Request - Cultural Arts Society of Fuquay-Varina International Festival - September 16, 2023 Purpose – To consider approval of a special event application and amplified sound permit for the Cultural Arts Society's International Festival, scheduled for September 16, 2023. Recommendation – Approve the special event application and amplified sound permit for the Cultural Arts Society's International Festival scheduled for September 16, 2023, as presented and recommended. 8E. Voluntary Annexation Petition - Alnoor Islamic Center - 6317 Sunset Lake Road - PIN 0668457392 - ANX-2023-12 Purpose – To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition and to adopt a resolution setting a public hearing for September 19, 2023, following the receipt of the petition for voluntary annexation of property owned by Alnoor Islamic Center containing approximately 5.384 acres.  Recommendation – Adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition and adopt the resolution setting the public hearing for September 19, 2023, for property owned by Alnoor Islamic Center - ANX-2023-12, as presented and recommended. Resolution No. 23-1827 Resolution No. 23-1828 8F. Resolution - Amendment to Town Personnel Policy Purpose – To consider approval of a resolution that amends the Town of Fuquay-Varina Personnel Policy. Recommendation – Adopt the resolution amending the Town of Fuquay-Varina Personnel Policy incorporating the “Return-to-Work Program” as presented and recommended. Resolution No. 23-1829 8G. Town Code Amendment - Appendix I: Traffic - Sections 129 and 130 - Three and Four Way Stops - Sunset Stream Drive Purpose – To consider an amendment to the Town Code of Ordinances - Appendix I: Traffic – Section 129 Establishing Three-way Stops and Section 130 Establishing Four-way Stops to add Three and Four-Way Stops on Sunset Stream Drive. Recommendation – Approve the amendment to the Town Code of Ordinances - Appendix I: Traffic – Section 129 Establishing Three-way Stops and Section 130 Establishing Four-way Stops to add Three and Four-Way Stops on Sunset Stream Drive. Ordinance No. M-23-05  A motion was made to approve all Consent Agenda Items 8A- 8G. MOTION Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (4-0) ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Resolution - NCDEQ - Stormwater Utility Planning Grant - Stormwater Utility and Enterprise Fund Project Purpose – To consider adoption of a Resolution and accept the American Rescue Plan (ARP) funding awarded by the North Carolina Department of Environmental Quality of $400,000 for development and implementation of a Stormwater Utility and Enterprise Fund. 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. On September 6, 2022, the Town Board authorized the Town Manager to execute a grant application package to the North Carolina Department of Environmental Quality (NCDEQ) for the NC State Revolving Fund program to develop and implement a Stormwater Utility Plan and Stormwater Enterprise Fund. NCDEQ's Division of Water Infrastructure Division has awarded approximately $82 million in American Rescue Plan Act funding for stormwater projects through its competitive funding process from the newly created Local Assistance for Stormwater Infrastructure Investments program (LASII). Funds are available for cities, counties, regional councils of government, and nonprofit partners for construction and planning projects that will improve or create infrastructure for controlling stormwater quantity and quality. On March 23, 2023, the Division of Water Infrastructure (DWI) reviewed the Town's grant application, and the State approved the Town's Stormwater Utility Planning Grant request and declared it eligible to receive grant funding in the amount of $400,000. Grant funding will be used to hire a professional engineering firm to research and assess the Town's current stormwater utility system, identify operational gaps needed to improve and maintain the integrity of the system, and determine the best solutions for the entity's stormwater quality or quantity issue and to engineer and permit the solutions. The scope of work includes: • Completion of a Stormwater Asset Inventory • Developing a Capital Improvement Program (CIP) • Completing a Stormwater Utility Feasibility Study and Implementation Plan Town staff will begin working on the project, advertising a Request for Qualifications (RFQ) for qualified engineering firms to undertake the project. After completing the RFQ process and selecting a recommended professional firm to perform the work, staff will bring a contract proposal to the Town Board for consideration. Management and staff recommend adopting the resolution and project ordinance amendment as presented and recommended. The estimated cost to perform the Stormwater CIP / Infrastructure Inventory Project is $525,000. Project Ordinance Amendment POA-24-05 recognizes $400,000 in American Rescue Plan (ARP) funding awarded by the NCDEQ through the Local Assistance for Stormwater Infrastructure Investments (LASII) program. $120,000 of this estimated project cost exists in an established Town project account fund. The remaining $5,000 funding will be transferred from existing Engineering Department project funds. A Project Ordinance amendment is necessary to align project resources. All eligible expenses, up to $400,000, spent by December 31, 2026, will be reimbursed; however, if the LASII Grant funding is not utilized to develop and implement a stormwater utility and plan, all associated costs will be at the Town's expense.  Discussion – Commissioner Harris asked if these funds were part of the ARP funds that the Town has already received. Engineering Director Matt Poling stated that it was separate. Town Manager Adam Mitchell stated that it was separate from the $9 million and the $400,000 that was already received. Recommendation – 1) Adopt the Resolution and execute the agreement provided by the North Carolina Department of Environmental Quality - American Rescue Plan (ARP) funding in the amount of $400,000 for development and implementation of a Stormwater Utility and Enterprise Fund – Project No. SRP-SW-ARP-0078; 2) Approve Project Ordinance Amendment POA-24-05 for development and implementation of a Stormwater Utility and Enterprise Fund; and 3) approve Budget Amendment BA-24-09 as presented and recommended. Resolution No. 23-1830 MOTION: Commissioner Harris SECOND: Mayor Pro-Tem Smith MOTION RESULTS: Passed Unanimously (4-0) OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the following updates: o Engineering Department – Town Manager Mitchell thanked the Town Board for recognizing the Engineering staff on receiving their certifications and he stated that they are very busy working on several transportation related projects. o Arts Center – The Arts Center is preparing for a busy September with activities and fall classes have also begun. o Parks and Recreation Department – The Parks and Recreation Department Fall Sports Program is underway. They have a lot going on in the department with the Fall Concert Series and the upcoming Celebrate Fuquay-Varina Festival.  o Public Works – The Public Works Department has a new litter picker which is a pull behind machine that goes behind a tractor and picks up litter in the rights-of-way. o Public Utilities - The Public Utilities Department has hired Markita McLain as a Wastewater Treatment Plant Operator. o Engineering Department – The Engineering Department had to re-advertise for the Mill Creek/Hwy 401 operational improvements intersection project and bids will be opened this coming Thursday. o Staff is continuing to identify grant opportunities and continuing to meet with our partners, Central Pines Regional Council (formerly Triangle J Council of governments. o Police Department – The Police Department is working with Wake County Schools and FV Middle School to have 8th graders picked up at Falcon Park Drive in order to relieve some of the traffic issues at the school. o Finance Department - The Finance Department has been working very closely with the auditors and this year as there are state statue timeframe mandates that are more defined for getting the audit done for issuing bonds for the water project. o Town Manager Mitchell informed the Town Board that the Town Hall had a snake in the building last week, but Max Bottorff in IT was able to capture the snake and safely return it back to nature. 11B Project Status Report – September 2023 11C FM2FV Concert - North Tower - Thursday September 7, 2023 - 6:30 pm - 9:30 pm - Centennial Park 11.D Earth Wind & Fire Tribute Band - Fuquay-Varina Arts Center - Saturday September 9, 2023 - 7:30 pm 11.E 9/11 National Day of Remembrance - Monday September 11, 2023 - 8:30 am - Fuquay- Varina Arts Center 11.F International Cultural Festival - Presented by the Cultural Arts Society of Fuquay-Varina - Fuquay-Varina Arts Center - Saturday September 16, 2023 - 10:00 - 4:00 pm 11.G FM2FV Concert - Smile - Thursday September 14, 2023 - 6:30 pm - 9:30 pm - Centennial Park 11.H FM2FV Concert - Sleeping Booty - Thursday September 21, 2023 - 6:30 pm - 9:30 pm - Centennial Park 11.I The World Goes 'Round - Musical Theatre- Fuquay-Varina Arts Center - September 21-23, 2023 - 7:30 pm 11.J Artrageous - Fuquay-Varina Arts Center - Saturday September 30, 2023 - 7:30 pm 11.K Town Board Meeting - Cancelled - Monday, October 2, 2023 11.L Coffee with a Cop - Hilltop Needmore Town Park and Preserve Clubhouse - 4621 Shady Greens Drive - Wednesday, October 4, 2023 - 9:00 am - 10:30 am 11.M Celebrate Fuquay-Varina Thursday Night Concert - Chairman of the Board - Varina Business District - Thursday October 5, 2022 - 6:30 pm - 9:30 pm 11.N Celebrate Fuquay-Varina Festival - Downtown Fuquay - Saturday October 7, 2022 - 10:00 am - 4:00 pm BOARD MEMBER COMMENTS Commissioner Gardner - No comments Commissioner Harris - No comments Commissioner Haynes thanked everyone for their support in the BBQ fund raising efforts for Pine Acres Community Center. He stated that they sold 560 plates. Mayor Pro-Tem Smith reminded everyone of the Heros breakfast this Thursday morning. Mayor Massengill recognized former Commissioner Charlie Adcock who was in attendance. He reported that Parks and Recreation Director Jonathan Cox and his staff have been very busy with all the storms and getting people off the fields when storms pop up. He stated that he is looking forward to the FM2V Concert Series and the first one is this Thursday. He then asked if the parking lot in Varina would be ready for the Celebrate FV Concert. Parks and Recreation Director Cox stated that it will not be ready this year, but staff is working with Wake County Schools to possibly use the high school for secondary parking. The following items are Mayor Massengill’s past and future events: Past Events 8/23 – Chamber Ribbon Cutting Avenue Properties 8/25 – Metro Mayor’s Call 8/28 – Chamber Ribbon Cutting Melt n’ Glow 8/31 – Chamber Ribbon Cutting Grocerind and Inis Kitchen Upcoming Events 9/5 – Coffee with a Cop – Front Porch Realty 9/7 – First Responder Event 9/8 – Metro Mayor’s Call 9/8 – Chamber Ribbon Cutting – The Vine 9/11 – 911 Day of Remembrance 9/13 – Chamber – Inaugural Business Exchange Breakfast 9/14 – FVEDC Meeting 9/14 – Chamber Business After Hours 9/14 – FM2FV Concert – Smile 9/15 – Community Center North Groundbreaking  9/16 – International Festival 9/18 – Wake County Mayors Association Meeting – Hosted in Fuquay-Varina ADJOURNMENT A motion was made to adjourn the meeting at 7:41 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (4-0) The minutes from the September 5, 2023, Town Board of Commissioners regularly scheduled meeting are adopted this 19th day of September 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