Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting December 4, 2023 J. Blake Massengill, Mayor Marilyn B. Gardner, Mayor Pro-Tem William H. Harris, Commissioner The Regular Meeting of the Fuquay-Varina Town Charlie Adcock, Commissioner Board scheduled for Monday, December 4, 2023, Bryan Haynes, Commissioner Jason Wunsch - Commissioner at 7:00 p.m. was held at the Fuquay-Varina Town Adam G. Mitchell, Town Manager 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, Commissioners Marilyn Gardner, William Harris, and Bryan Haynes. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Jim Seymour, Deputy Town Clerk Teresa Wilder, Town Attorney James Adcock, IT Director Scott Clark, and various other department directors. Assistant Town Manager Mark Matthews was on vacation. CALL TO ORDER Mayor Massengill called the meeting to order at 7:00 pm and welcomed everyone to the 2023 Organization Meeting of the Fuquay-Varina Board of Commissioners. INVOCATION AND PLEDGE Tim Epling, Pastor of Hope Community Church lead the invocation followed by the Presentation of Colors by the Fuquay-Varina Police Department Honor Guard. Mayor Massengill led the Pledge of Allegiance. OTHER BUSINESS 3A Deputy Town Clerk Temporary Appointment - Brandon Massengill Purpose – To consider temporarily appointing Brandon Massengill as Deputy Town Clerk for a period of 30 days for the purpose of administering the oath of office to his brother Blake Massengill. 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 provided information about the agenda item by making the following remarks. Blake Massengill was recently re-elected as Mayor of the Town of Fuquay-Varina. He has expressed that he would like for his brother, Brandon Massengill, to be able to administer him the oath of office. To accommodate this request, Brandon Massengill will need to be temporarily appointed by the Town Board of Commissioners as a Deputy Town Clerk prior to administering the oath of office to Blake Massengill. Upon approval by the Town Board, Deputy Town Clerk Teresa Wilder will administer the oath to Brandon Massengill. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Temporarily appoint Brandon Massengill as Deputy Town Clerk for a period of 30 days for the purpose of administering the oath of office to Blake Massengill. MOTION: Commissioner Harris SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (4-0) 3B Deputy Town Clerk Temporary Appointment – Mollie Stephenson Purpose – To consider temporarily appointing Mollie Stephenson as Deputy Town Clerk for a period of 30 days for the purpose of administering the oath of office to Marilyn Gardner. 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 provided information about the agenda item by making the following remarks. Marilyn Gardner was recently re-elected as Commissioner of the Town of Fuquay-Varina. She has expressed that she would like for Mollie Stephenson, to be able to administer her the oath of office. To accommodate this request, Mollie Stephenson will need to be temporarily appointed by the Town Board of Commissioners as a Deputy Town Clerk prior to administering the oath of office to Marilyn Gardner. Upon approval by the Town Board, Deputy Town Clerk Teresa Wilder will administer the oath to Mollie Stephenson. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Temporarily appoint Mollie Stephenson as Deputy Town Clerk for a period of 30 days for the purpose of administering the oath of office to Marilyn Gardner. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (4-0) 3C Deputy Town Clerk Temporary Appointment – Chad Wunsch Purpose – To consider temporarily appointing Chad Wunsch as Deputy Town Clerk for a period of 30 days for the purpose of administering the oath of office to his brother Jason Wunsch. 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 provided information about the agenda item by making the following remarks. Jason Wunsch was recently elected as Commissioner of the Town of Fuquay-Varina. He has expressed that he would like for his brother, Chad Wunsch, to be able to administer him the oath of office. To accommodate this request, Chad Wunsch will need to be temporarily appointed by the Town Board of Commissioners as a Deputy Town Clerk prior to administering the oath of office to Jason Wunsch. Upon approval by the Town Board, Deputy Town Clerk Teresa Wilder will administer the oath to Chad Wunsch. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Temporarily appoint Chad Wunsch as Deputy Town Clerk for a period of 30 days for the purpose of administering the oath of office to Jason Wunsch. MOTION: Commissioner Harris SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (4-0) RELIEF OF DUTIES 4A Mayor Pro-Tem Smith to preside over the meeting. Mayor Massengill was relieved of his duties as the presiding officer over the Town Board meeting in preparation to take the Oath of Office of Mayor. At that time, Mayor Pro-Tem Larry Smith presided over the meeting. OATH OF OFFICE MAYOR 5A Administration of the Oath of Office - J. Blake Massengill - Fuquay-Varina Mayor Deputy Town Clerk Brandon Massengill administered the oath of office to J. Blake Massengill as Mayor of the Town of Fuquay-Varina. This will make the 2nd consecutive two-year term that Mayor Massengill has been elected, and upon completion of this term he will have served the Town of Fuquay-Varina for 4 years. Mayor Massengill resumed his role as presiding officer over the Town Board meeting. OATH OF OFFICE COMMISSIONERS 6A Administration of Oath of Office - Marilyn Gardner - Fuquay-Varina Commissioner Deputy Town Clerk Mollie Stephenson administered the oath of office to Marilyn Gardner as Commissioner of the Town of Fuquay-Varina. This will make the 3rd consecutive four-year term that Commissioner Gardner has been elected, and upon completion of this term she will have served the Town of Fuquay-Varina for 12 years. 6B Administration of Oath of Office - William Harris - Fuquay-Varina Commissioner Retired Justice of the Supreme Court of North Carolina Michael Morgan administered the oath of office to William H. Harris as Town Commissioner. This will make the 10th four-year term that Commissioner Harris has served as Commissioner and upon completion of this term he will have served the Town of Fuquay-Varina for 41 years. 6C Administration of Oath of Office - Charlie Adcock - Fuquay-Varina Commissioner Town Attorney James Adcock administered the oath of office to Charlie Adcock as Commissioner of the Town of Fuquay-Varina. This will make the 4th four-year term that Commissioner Adcock has been elected and upon completion of this term he will have served the Town of Fuquay-Varina for 15 years. He was previously elected to serve as Commissioner in 2007, 2011 and 2015. He resigned his role in 2018. 6D Administration of Oath of Office - Jason Wunsch - Fuquay-Varina Commissioner Deputy Town Chad Wunsch administered the oath of office to Jason Wunsch as Commissioner of the Town of Fuquay-Varina. This will make the 3rd term that Commissioner Wunsch has been elected, and upon completion of this term he will have served the Town of Fuquay-Varina for 12 years. TOWN BOARD MEMBER COMMENTS 7A Former Mayor Pro-Tem Larry Smith Mayor Masengill presented former Mayor Pro-Tem Larry Smith the Mayor’s Coin, a Proclamation, and engraved Bible for his service to the Town of Fuquay-Varina. He thanked him for his service and dedication to the Town of Fuquay-Varina. Former Mayor Pro-Tem Smith thanked his wife Windy for being his supporter, biggest cheerleader and sounding board. He thanked the citizens for electing him and that it has been an honor to serve this community. 7B Commissioner Marilyn Gardner Commissioner Marilyn Gardner thanked former Mayor Pro-Tem Smith for his service to the Town Board and the Town. She thanked her family, the citizens and all who worked so hard over the last few weeks during the election. She thanked them for their confidence and opportunity to serve again. 7C Commissioner William Harris Commissioner William Harris thanked retired Justice Mike Morgan, his family, wife, daughters, and grandson for being there tonight. He stated that he is so grateful and honored to be (re-elected) again and to be working with such a diverse group of leaders. He pledged to promote fairness, and to honor the highest standards in the community. He stated that it is important to continue to be accountable, to continue to be transparent, and to continue to listen to the voices of the citizens. 7D Commissioner Charlie Adcock Commissioner Charlie Adcock thanked his family for supporting him during the election. He stated that what he loves is the history of this town and how most of the Town Board members are native of Fuquay-Varina and it makes Fuquay-Varina unique. He stated that he asked Town Attorney James Adcock to swear him in due to history of their families and his grandfather and James Adcock’s great grandfather being brothers. He reported that he likes being a part of what’s happening in the Town with the changes, and he is very thankful for the vote of confidence that he received from citizens. 7E Commissioner Jason Wunsch Commissioner Jason Wunsch stated he was extremely excited to be back on the Town Board. He thanked his wife and children for their support. He also thanked his brother for swearing him in, his parents and the citizens of Fuquay-Varina who voted him into office. 7F Mayor Blake Massengill Mayor Blake Massengill stated that he was honored to be in the role of mayor again. He stated that Fuquay-Varina was a family community, and he was thankful for the support of his wife, children, his parents, and brother who swore him in tonight. He thanked all the citizens in Fuquay-Varina for putting him in this position and promised to continue to do great things in the future. ELECTION OF MAYOR PRO-TEM/ TOWN BOARD COMMITTEE APPOINTMENTS 8A Election of Mayor Pro-Tempore Purpose – To elect a member of the Town of Fuquay-Varina Board of Commissioners to serve a two-year appointment term as Mayor Pro-Tempore of the Town Board. Staff Comments – Pursuant to the Town of Fuquay-Varina Charter and Town Board Rules of Procedure, the Town Board of Commissioners are charged with selecting a member of the Town Board to serve a two-year appointment as Mayor Pro-Tempore. Historically, the mayor has recommended a member of the Town Board to serve in this capacity. Mayor Massengill stated that he is recommending Commissioner Marilyn Garnder as Mayor Pro-Tem. He reported that she has been on the Town Board for several years and routinely is at Town functions. She volunteers with the Fuquay- Varina Downtown Association and he has confidence that she can step into the role when needed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Elect Commissioner Gardner, to serve a two-year appointment as Mayor Pro-Tempore for the Town of Fuquay-Varina. MOTION: Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (4-0) 8B Appointment to Town Board Committees and Other Organizations Purpose – To receive a report from Mayor Massengill regarding his appointments to Town Board Committees and other external boards and committees for which the Town Board has representation. Mayor Massengill recommended the appointments to the Town Board Committee’s: Law & Finance Committee Economic Development Committee Marilyn Gardner (Chair) Charlie Adcock (Chair) Charlie Adcock Bill Harris Bryan Haynes Jason Wunsch Public Works Committee Public Safety Committee Bryan Haynes (Chair) Jason Wunsch (Chair) Bill Harris Charlie Adcock Jason Wunsch Bryan Haynes Chamber of Commerce Fuquay-Varina Downtown Association Mayor Blake Massengill (Ex-Officio) Mayor Pro-Tem Marilyn Gardner (Liaison) CAMPO Fuquay-Varina Museum Board Mayor Blake Massengill (Exec. Board) Mayor Pro-Tem Marilyn Gardner Charlie Adcock (Alternate) Central Pines Regional Council Board of Delegates - (Formerly Triangle J COG) Commissioner Jason Wunsch (Town Delegate) Commissioner Bryan Haynes (Alternate Town Delegate) RECESS Mayor Massengill recommended a 15-minute recess to prepare for the business meeting. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (4-0) The Town Board entered into recess at 7:59 pm. CALL TO ORDER Mayor Massengill called the business meeting of the Fuquay-Varina Board of Commissioners meeting to order at 8:22 pm. 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 11A The November 21, 2023, Town Board of Commissioners Regular Scheduled meeting. MOTION: Commissioner Harris SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 12A Fuquay-Varina Downtown Association Board Recognition Purpose – To recognize outgoing Fuquay-Varina Downtown Association board members. Mayor Massengill stated that there are two board members rolling off the Fuquay-Varina Downtown Association Board of Directors. He recognized all the Downtown Association Board Directors that were in attendance and thanked them for being there to support these two members. He recognized Brandy Taylor who has been on the Board of Directors for seven years, completed two terms and an additional year as Past Chairwomen. Throughout her tenure, she contributed significantly to various roles such as the Nominations Committee, Treasurer, and Board Chairwomen. Her crucial involvement in Downtown has been integral to FVDA’s success. He then recognized Mollie Stephenson who has been involved with FVDA for 30 years and FVDA is also celebrating 30 years. He stated that she had a key role in bringing the Main Street Model to Fuquay-Varina in 1993. He presented her with the FVDA’s 2023 Lifetime Achievement Award for all the work she has done for the FVDA. 12B Presentation - Dash More Environmental Stewardship Award Purpose –To present the Town’s Dash More Environmental Stewardship Award to Lincoln Heights Magnet Elementary School Environmental Connections Program and recognize Environmental Connections Integration Specialist, Laura Wood. Staff Comments – Engineering Director Matt Poling entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. Engineering Specialist Jennifer Mitchell then provided general information about the agenda item and made the following remarks.  The Dash More Environmental Stewardship Award is given to individuals or organizations demonstrating active environmental stewardship for Fuquay-Varina. The award recognizes contributions of a civic nature as it relates to the Town’s water resources. To be eligible for the award, individuals/organizations must have made a sincere effort to impact awareness of stormwater pollution. Engineering Specialist Jennifer Mitchell introduced Principal Scott Gaydon, Assistant Principal Anita McCauley and teacher Laura Wood who is their Environmental Connections Integration Specialist. School leadership has gone above and beyond by holding multiple environmental education opportunities throughout the year, including hands-on stewardship and environmental awareness activities. Activities included a campus clean-up called “Litter Bugs Me,” “Let’s Take a Hike,” a litter pickup at Carroll Howard Johnson Park, and the “Secret Life of Water,” where kids learned the importance of clean water using an Enviroscape. Lincoln Heights has also partnered with the Town Engineering Department for many years to provide direct stormwater education and outreach multiple times a year. The Town of Fuquay-Varina is proud to recognize Lincoln Heights Elementary School for their success in Environmental Stewardship. Mayor Massengill thanked the staff at Lincoln Heights for providing the children with an opportunity to help learn how to take care of our environment. He also thanked them for partnering with the Engineering Department and presented them with the 2023 Dashmore Environmental Stewardship Award. PUBLIC COMMENTS 13A Ashley Manstedt, 5608 Brushy Meadows Drive, spoke regarding the failed Parks and Recreation Bond.  Kristopher Vorren, 741 Catherine Lake Court, spoke regarding the failed Parks and Recreation Bond. Mayor Massengill stated that the Town Board will investigate a plan from a standpoint of funding, design, and implementation. He reported that the community values Parks and Recreation and that it is this Board’s job to evaluate how the Town can provide those types of programs in the future in ways the citizens will support from a funding standpoint so the Town can move forward. ITEMS PREVIOUSLY TABLED 14A There were no items previously tabled for the December 4, 2023, Town Board meeting. PUBLIC HEARINGS 15A Voluntary Annexation Petition - William L. Dickens & Stephanie D. Parker - 6411 Burt Road - PIN 0646047332 - ANX-2022-12 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 6411 Burt Road owned by the William L. Dickens & Stephanie D. Parker, PIN 0646047322, containing approximately 44.15 acres, and to approve the related Declaration Annexation Agreement. 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 non-contiguous to the Town's corporate limits, containing 44.15 acres. The property may connect to the Harnett Regional Water System, with an existing 8-inch water main along Meadow Walk Drive. A fire flow test was conducted, resulting in 1,171 gpm. Sewer is not available to the property. The subject property will be served with Town sanitation and recycling services. At the November 21, 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 December 4, 2023, Town Board meeting. The present total value of the property is $735,350. Public Hearing – The public hearing was opened. No one chose to speak in favor or opposition to the proposed annexation for ANX-2022-12. 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 the William L. Dickens & Stephanie D. Parker (ANX-2022-12) and to approve the Declaration of Annexation Agreements as presented and recommended. MOTION: Mayor Pro-Tem Gardmer SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-23-34 15B Zoning Map Amendment & Land Use Plan Amendment - The Curry Engineering Group, PLLC - 6411 Burt Rd - PIN 0646047332 - REZ-2022-07 Purpose – To consider a requested zoning map amendment for a total of 43.8 acres, located at 6411 Burt Road, from the Wake County R-30 Zoning District to the Town's Residential Low Density Conditional Zoning District (RLD-CZD), and the corresponding Land Use Plan amendment from the Rural Residential (RR) classification to the Single Family Neighborhood (SFN) classification. 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 43.8 acres. It is in the Town's Urban Service Area (USA) and is the subject of ANX-2022-12. Portions of the property are cleared for agricultural uses and others are wooded. There are two existing barns located on the northeast portion of the property. The property is currently zoned R-30 Zoning District (Wake County). The zoning map amendment petition requests approval of the Residential Low Density Conditional Zoning District (RLD-CZD). This zoning district is intended to permit proposed residential development and existing single-family detached dwelling lot/units in established neighborhoods to provide for low density urban residential (stick-built or modular unit) zoning lot development. The petitioner has requested that only the following uses be permitted at the subject property: 1) Single Family detached homes only 2) Home Occupation Additionally, the petitioner has requested the following site-specific conditions be made applicable to the subject property: 1) Maximum density of 2 dwelling units per acre 2) Minimum 10' Type C perimeter buffer along boundary with Vintage Acres subdivision, along full property line with PIN 0646152166 and partial property line with PIN 0646145796. See plan for location. (REZ-2022-07 Conceptual Plan) 3) Existing trees and natural vegetation will be retained on all lots outside the buildable area where trees are determined to be in good health and will not pose a danger to any structure. Natural vegetation will be undisturbed where it is free of roots, briars, or invasive species and where it is determined to be an aesthetic benefit to the subdivision. Removal of existing trees or vegetation as part of grading operations may be completed after the plat is recorded on an individual lot basis and is subject to compliance with the Town of Fuquay-Varina Land Development Ordinances. 4) All roadway drainage pipes shall have decorative headwalls. All lots shall have decorative headwalls for driveway pipes. Headwalls shall be concrete with a masonry veneer or stone façade. 5) Vinyl siding is not permitted. Vinyl windows, decorative elements, and trim is permitted. 6) No unit shall be constructed with an exterior elevation or color palette that is identical to the unit on either side or directly across the street. A varied color palette shall be utilized on homes throughout the subdivision to include a minimum of three color families for siding and shall include varied trim, shutter, and accent colors complimenting the siding color. 7) All homes shall have a 2-car garage at minimum. Garage doors shall contain windows, decorative details and/or carriage style adornments. 8) Each unit shall have a front door with a minimum of 25% glazing, transom, and/or door sidelights. 9) Eaves shall project at least 12 inches from the wall of the structure. 10) The visible side of a home on a corner lot facing the public street or rear façade visible from a public ROW shall contain at least 2 decorative elements such as, but not limited to, the following elements: Windows Bay Window Recessed Window Decorative Window Trim around the Windows Wrap around porch or Side Porch Enclosed Porch Two or More Building Materials Decorative Brick/Stone Decorative Trim Decorative Shake Decorative Air Vents on Gable Decorative Gable Decorative Cornice Column Portico Balcony Surrounding properties are residential in nature with some wooded or agricultural areas. More specifically, the McLaurin Farms subdivision (currently under construction) is to the north, the Crown Village subdivision (currently under construction) is to the southwest, and the Meyers Place subdivision is to the southeast of the subject property. The 2040 Community Vision Land Use Plan (LUP) calls for the Rural Residential (RR) classification at the subject property. Since the requested zoning is incompatible with the designation of RR, 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 is available to serve the subject property and sewer will be extended by the developer to serve the property. The subject property is located along and has access to Burt Road and Buckhorn Duncan Road. Burt Road is classified by the Town's 2035 Community Transportation Plan (CTP) as a 70-foot right-of-way and is identified as being a two (2)-lane cross section with a sidewalk and a side path and a future carrying capacity of 9,200 ADT. It is currently a two (2)-lane road with a center turn lane with a carrying capacity of 9,000 ADT. 2015 NCDOT traffic counts taken approximately one (1) mile to the east of where the property will have access on Burt Road indicated a volume of 1,500 ADT. More recent traffic count data is currently unavailable. A neighborhood meeting was held by the petitioner on November 28, 2022, at Curry Engineering, 205 S Fuquay Avenue, Fuquay-Varina, NC. The meeting report is attached, and the staff takes no position regarding its content. The 2040 Community Vision Land Use Plan (LUP) calls for the Rural Residential (RR) classification at the subject property. The petitioner has proposed a Land Use Plan amendment from the Rural Residential (RR) classification to the Single-Family Neighborhood (SFN) classification as it is more compatible with the character of surrounding uses. The SFN classification is defined as a neighborhood that includes one (1) housing type - single dwelling detached on different lot sizes that vary enough to provide a range of home choices in the same neighborhood and an orientation toward the street so that the rear yards are larger than the front yards. This amendment supports the following LUP policies: 1) Policy 4.1: Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Areas Map. The subject property falls under the Tier 3-R: Controlled Investment Area, Residential area. 2) Policy 7.2: Encourage Transitional Uses and Intensities in and Around Project Boundaries. The zoning petition change to RLD-CZD supports the growth of similar uses in the surrounding area. The Land Use Plan amendment, if approved, would allow for improvements that are more consistent and appropriate with the surrounding area and facilitate the extension of public sewer to serve the proposed lots that could otherwise be developed with private septic fields. 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 Rural Residential (RR), the petitioner has opted to request a change of the Land Use Plan to Single Family Neighborhood (SFN), which is compatible with the surrounding properties. 2) The requested zoning district supports the Land Use Plan Policy 4.1: Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Areas Map.3) The requested zoning district supports the Land Use Plan Policy 7.2: Encourage Transitional Uses and Intensities in and Around Project Boundaries. 3) The conceptual plan included with the request demonstrates compliance with many of the zoning conditions offered and single family neighborhood development's goals as described in the 2040 Land Use Plan.  At the November 20, 2023, regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing – The public hearing was opened. Andy Petty, 205 S. Fuquay Ave. spoke in favor of the proposed zoning map amendment and land use plan amendment REZ-2022-07. No one chose to speak in opposition to the proposed zoning map amendment and land use plan amendment REZ-2022-07. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2022-07, a zoning map amendment for 6411 Burt Road, from the Wake County R-30 Zoning District to the Residential Low Density Conditional Zoning District (RLD-CZD), and the corresponding Land Use Plan amendment from the Rural Residential (RR) classification to the Single Family Neighborhood (SFN) classification, as it is reasonable and in the best interest of the public for the reasons identified by management and staff.: MOTION: Commissioner Haynes SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) 15C Zoning Map Amendment & Land Use Plan Amendment - Brian L Jones, Design Line Studios, PLLC - 213 South West Street - PIN 0656869838 - REZ-2023-09 Purpose – To consider a requested zoning map amendment for a total of 0.112 acres, located at 213 S West Street, from the Residential Medium Density (RMD) Zoning District to the Downtown Center-2 Conditional Zoning District (DC-2-CZD) and the corresponding Land Use Plan amendment from Town Center Residential (TCR) to Downtown (DT). 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 0.112 acres, is located in the Town's corporate limits, and is currently vacant. The zoning map amendment petition requests approval of the Downtown Center-2 Conditional Zoning District (DC-2-CZD). A residential density of 22 units per acre is permitted within the DC-2 Zoning District. The district is the downtown transitional retail district which permits an economic mix of viable retail, commercial, office, and residential uses with adequate accommodations for automobile and an equal emphasis for pedestrian needs, access, and a safe environment. DC-2 permits infill and new development, redevelopment, and residential uses using multi-story and mixed-use development. This zoning map amendment requests three (3) lots, and a plot plan has been submitted as a condition of the submittal. The petitioner has requested that only the following uses be permitted at the subject property: 1) Town homes and related accessory uses Additionally, the petitioner has requested the following site-specific conditions be made applicable to the subject property: 1) This project must continue the sidewalk on West Vance Street to the corner of West and West Vance Street 2) Two on-street parking spaces will be added on Vance Street 3) Each unit will have two balconies on West Street 4) This project must provide an ADA curb cut to meet Town of Fuquay-Varina current standards 5) This project must provide curb and gutter along the property edge adjacent to Vance Street 6) This project must provide a deciduous tree on each property on West Street that meets the Town of Fuquay-Varina approved plant list 7) This project will provide concrete driveways for each property to the garage door 8) This project will provide a 10’ wide patio on the rear of each unit 9) This project will provide a sidewalk to the front door from the driveway 10) This project will coordinate off-site improvements including storm drain with Town of Fuquay-Varina Engineering Department and all off-site improvement will be required to be complete before the first Certificate of Occupancy is issued 11) Building height not to exceed 40’ 12) Each street elevation must have 8% minimum Glass 13) Brick will be 46% on West Vance Street and 28% on West Street 14) Minimum first floor brick on non-street elevations 15) Materials on the building can be as follows: - Vinyl is prohibited - Brick - Hardi-Board siding and panels with Hardi-Trim - Metal facia - Glass - Metal, wood, and/or vinyl doors and windows - Metal, wood, and/ or vinyl railings on balconies - There will be flat roof metal canopies over each entry supported by the building or  metal rods - The main roof will be a flat roof membrane Surrounding properties are primarily residential with a variety of densities, making up the neighborhoods that begin the transition into downtown. More specifically, the Spring Townhome development is directly to the east of the subject property along with several churches and offices. The Fuquay-Varina Dog Park is to the west. The 2040 Community Vision Land Use Plan (LUP) calls for the Town Center Residential (TCR) classification at the subject property. Since the requested zoning is incompatible with the designation of TCR, 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 are available to serve the subject property. The subject property is located on and has access to S West Street and W Vance Street. Both S West Street and W Vance Street are classified as a local street in the Town's Community Transportation Plan (CTP) and as they are Town maintained roads, no NCDOT traffic counts are available. Two (2) neighborhood meetings were held by the petitioner on September 28, 2023, and on November 2, 2023, via the Google Meet online meeting platform. The meeting reports are attached, and staff takes no position as to their content. The 2040 Community Vision Land Use Plan (LUP) calls for the Town Center Residential (TCR) classification at the subject property. The petitioner has proposed a Land Use Plan amendment from the Town Center (TCR) classification to the Downtown (DT) classification as it is more compatible with the proposed use of the property as well as the surrounding existing neighborhood. Land classified as DT is intended to support a mix of land uses, architectural continuity, public spaces, and opportunities for social interaction. Uses and buildings are located on small blocks with streets designed for safe and efficient walking between nearby destinations. Buildings may stand one (1) to six (6) stories tall and include civic, retail, office, restaurant, residential, or entertainment uses. Condominiums, apartments, or offices may be found above storefronts. Parking is satisfied using on-street parking, structured parking, and shared rear-lot parking strategies. This amendment supports the following LUP policies: 1) Policy 2.1: Encourage Infill Development & Redevelopment Inside Town Limits, which incentivizes infill development and redevelopment projects inside Town limits as a way to reinvest in the existing downtowns and neighborhoods. 2) Policy 2.5 Grow in Downtown, which encourages additional high density housing options in the downtown areas. 3) Policy 5.2 Improve Multi-Modal Connectivity Throughout the Town, as the petitioner is intending to extend the sidewalk on W Vance Street to the corner of S West Street and W Vance Street as a condition of this submittal. As such, the requested Land Use Plan amendment is consistent with the 2040 LUP's vision. The Land Use Plan amendment, if approved, would allow for improvements that are more consistent and appropriate with the existing use and the surrounding area. 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 Town Center Residential (TCR), the  petitioner has opted to request a change of the Land Use Plan to Downtown (DT), which is compatible with the proposed 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 and policy 2.5 Grow in Downtown. 3) The requested zoning district supports pedestrian connectivity per the 2040 LUP's policy 5.2 Improve Multi-Modal Connectivity Throughout the Town. 4) The requested zoning district is complementary to residential uses in the general vicinity. At the November 20, 2023, regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing – The public hearing was opened. Andy Petty, 205 S. Fuquay Ave. spoke in favor of the proposed zoning map amendment and land use plan amendment REZ-2022-07. No one chose to speak in opposition to the proposed zoning map amendment and land use plan amendment REZ-2022-07. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2023-09, a zoning map amendment for 213 S West Street, from the Residential Medium Density (RMD) Zoning District to the Downtown Center-2 Conditional Zoning District (DC-2-CZD) and the corresponding Land Use Plan amendment from Town Center Residential (TCR) to Downtown (DT) as it is reasonable and in the best interest of the public for the reasons identified by management and staff.  MOTION: Commissioner Harris SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) 15D Zoning Map Amendment - Judson Smith, Capital Match LLC - 498 Longfellow Street - PIN 0657609402 - REZ-2023-13 Purpose – To consider a requested zoning map amendment for a total of 0.17 acres, located at 498 Longfellow Street, from the Residential Low Density (RLD) Zoning District to the Town Center Residential (TCR) Zoning District. 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 consists of two lots (Lots 215 & 216 from the original Lincoln Heights Subdivision BM1945-PG79) and totals 0.17 acres. It is in the Town's corporate limits and is currently vacant and cleared. Since these lots are adjacent and under the same ownership, Wake County Tax Department has mapped these lots as one lot per policy. Section 9-1505 in the Land Development Ordinance defines Lots 215 and 216 as Lots of Record as they were recorded by the Wake County Register of Deeds prior to December 30, 2016. As such, the property owner is permitted by right to construct one single family home on each lot. LDO Section 9-1505 also has provisions, like in this case, where the lots are unable to conform to the lot area and setback standards of the RLD zoning district, that the minimum side setback may be reduced to five feet, and the minimum rear setback may be reduced to ten feet. The requested TCR zoning and proposed townhouse development will bring the property into compliance with the current codes and standards instead of developing under the Nonconforming Lot of Record allowances. The zoning map amendment petition requests approval of the Town Center Residential (TCR) Zoning District, which is intended to provide for residential development of varying types to support the downtown center districts and is generally applicable only within the Judd Parkway loop. The TCR Zoning District requires submittal of a master plan; however, proposed developments totaling four (4) lots or fewer are permitted to submit a plot plan in lieu of the required master plan. This zoning map amendment requests two (2) lots, and as such, a plot plan has been submitted. The petitioner has requested the following site-specific conditions be made applicable to the subject property: 1) Decorative front door with transom. 2) No vinyl siding on the facade of the home with the exception of trim and windows. 3) Evergreen bushes to be planted on three (3) sides of foundation, front, and both sides. 4) Street Trees Planted (3) Surrounding property is primarily residential of a variety of densities, making up the neighborhoods that begin the transition into downtown. The Saint Augusta Missionary Baptist Church is directly west of the property and Lincoln Heights Elementary School is to the southwest. The 2040 Community Vision Land Use Plan (LUP) calls for the Town Center Residential (TCR) classification at the subject property. Land classified as TCR supports a mix of low to moderate-density homes in close proximity to Downtown Fuquay or Downtown Varina. These neighborhoods offer different choices for residents wanting to live near and experience downtown on a daily basis. The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan. This zoning map amendment supports the LUP policy 2.1: Encourage Infill Development & Redevelopment Inside Town Limits, incentivizes infill development and redevelopment projects inside Town limits as a way to reinvest in the existing downtowns and neighborhoods. As such, the requested change is consistent with the 2040 LUP's vision. Public water and sewer utilities are available to serve the subject property. The subject property is located on and has access to Longfellow Street and Bridge Street. Both Longfellow Street and Bridge Street are classified as local streets in the Town's Community Transportation Plan (CTP). Both streets are Town maintained roads and therefore NCDOT traffic counts are not available. A neighborhood meeting was held by the petitioner on September 28, 2023, at 820 S Main Street Fuquay-Varina, NC. The meeting report is attached. Staff takes no position as to its content. Management and staff recommend approval of the proposed zoning map amendment as it is reasonable and in the best interest of the public for the following reasons: 1) The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan for the designation of Town Center Residential (TCR). 2) The requested zoning district is complementary to residential uses in the general vicinity. 3) 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. At the November 20, 2023, regular meeting, Board members discussed the impact the development of 498 Longfellow Street will have on the adjacent property. After discussion regarding the adjacent property, 490 Longfellow Street, and the rights of property owners to develop their property versus the visual impacts to neighboring properties, the Board voted 4-1 to recommend approval. The one dissenting vote was cast because of the potential visual impacts of the development of 498 Longfellow Street on the neighboring property. It was confirmed by staff during the discussion that the Town does not regulate view corridors from one property to another. Public Hearing – The public hearing was opened. Judson Smith, 1441 East Broad Street spoke in favor of the proposed zoning map amendment REZ-2023-13. Chris Coleman, 490 Longfellow Street spoke in opposition to the proposed zoning map amendment REZ-2023- 13 citing the development affecting his mother’s house. The public hearing was closed. Discussion – Commissioner Harris asked if the Planning Board vote was unanimous. Planning Director Pam Davison stated that there was one descending vote against the rezoning due to the concerns of the view quarter from the neighboring property due to it being a vacant lot and any development would affect the neighboring property. Mayor Massengill asked Planning Director Davison what the existing property can be zoned or built that does not need approvals. Planning Director Davison reported that today without any approval from the Town Board, the developer could submit building permits to the inspections department for two houses, one on each lot using a lot of record reduced setbacks. Mayor Massengill asked what the advantage of building two townhomes versus building two 15-foot-wide houses. Planning Director Davison stated that the townhomes would include decorative front door with transom, new vinyl side on the façade of the home with the exception of trim and windows, evergreen bushes to be planted on three sides of the foundation, front and both sides. She reported that the developer is proposing three street trees and submitted elevations with a 19-foot-wide home. She stated that this will bring the property into compliance with the Town’s current TCR standards and will get potentially a higher quality house than if the developer built the two 15-wide homes. Mayor Massengill stated that whether or not the Town Board approves this zoning request the developer can go and build two 15-foot-wide homes tomorrow. Mayor Massengill reported that Mr. Coleman talked about setbacks affecting his mother’s home and what he is hearing tonight is that it would not matter because something would be built here. Mayor Massengill asked what the setbacks were for the house next door. Planning Director Davison stated that the house does not meet the current setbacks either. She stated that the property next door is shifted, and it is closer to the shared property line and not centered on the lot. Mayor Massengill asked what the distance would be on the new building. Planning Director Davison stated that the minimum is five and looks like they are doing 5.2 and five feet on the other side. Commissioner Haynes stated that he grew up in this community and feels like this is going to be an ongoing issue. He stated that most of these homes have been there 50 to 70 years and were one story ranch style homes. He reported that he is not a big fan of townhomes which would change the community. He asked how the driveway in the front is from a traffic standpoint. Planning Director Davison stated that it was a local residential road. Commissioner Harris stated that the neighborhood was established in an era when zoning laws were not necessarily conducive and inclusive. He reported that he is concerned about the density that is being proposed along with some safety issues as it relates to the driveways being close to a major intersection. He stated that the question is the impact on the existing property owner rights. He reported that it concerns him when the Planning Board does not vote unanimously on a zoning. He reported that the Town doesn’t want to inhibit any developer from developing in a particular community but in some instances what the Town Board is faced with in historical development of communities, changing of communities, and how it is going to impact those people who are in established communities that are on Bridge Street, Longfellow Street, etc… He stated that he would not support the proposed zoning amendment. Mayor Massengill asked Engineering Director Matt Poling if this proposed zoning amendment is not approved tonight what would the existing rules allow for the driveways of two 15-wide homes. Engineering Director Matt Poling stated that the Town cannot deny anyone access to their property, so the driveways would be built. Mayor Massengill asked Planning Director Davison about the density of the zoning amendment. Planning Director Davison stated that the land development ordinance does not permit a single residential structure because of the lot size, individual or combined. Therefore, the property can only be developed as either two townhomes or two 15-wide homes. Either way the density is more or less the same. Commissioner Adcock asked about the elevation that is shown in the agenda packet showing what the townhomes could look like. He asked does it mean that the townhomes would be built to look like what is in the agenda packet. Planning Director Davison stated that technically they are conceptual in nature, but the developer could speak to his commitment to those conditions. Town Manager Mitchell asked Planning Director Davison to confirm if the land use plan calls for this property to be zoned TCR. Planning Director Davison confirmed. Commissioner Adcock stated that he would feel comfortable if the elevation drawing in the agenda packet was what was going to be built, he would feel comfortable with approving the zoning with conditions. Commissioner Adcock stated that if builders are submitting elevations to the Town Board do they have a legal authority to make sure that is similar to what is being built. Town Manager Mitchell stated yes but only if the developer offers the elevations as a condition of the zoning map amendment. Commissioner Haynes asked the petitioner for clarity regarding his reference to other homes built in the area. Judson Smith stated that there are two homes on the corner of Bridge and Washington Street that were built under the TCR zoning. He stated that they were asked not to do vinyl siding and then they were asked to do additional landscaping. Commissioner Haynes stated that from the two properties already built, he has concerns because the driveways and the property owners having to park on the side of the building or in the back of the building. Commissioner Haynes does not want it to become a nuisance to the neighbors when there are more than two cars. Judson Smith stated that the property in question this evening is a unique property that has a lot of backyard and the Colemans have their driveway back behind this property line as well. He stated that he felt like there are options to address more than two cars if that becomes an issue. Mayor Massengill asked Commissioner Haynes if there were any conditions he would like to add the proposed zoning. Commissioner Haynes stated that if it was not approved, he would be afraid to see what the two 15-foot houses would be and the driveway. He stated that if the zoning is not approved what are the two 15-foot houses going to look like. Commissioner Wunsch asked what the safety concerns were on the driveways with overflow parking. Commissioner Gardner stated that she has heard many concerns tonight but if it is not approved then something less desirable could be built on the site. Commissioner Adcock asked the Petitioner Judson Smith if he would be willing to make an additional condition for the zoning that the structure and elevations rendering that was presented in the agenda packet be offered as a voluntary condition to ensure that is what actually gets built. Petitioner Judson Smith stated that other than supplies that he could commit to it being very close to the structure and elevations rendering that was provided in the Town Board agenda packet. Mayor Massengill stated that it was a yes or no question and Judson Smith stated that yes, he could make it a condition. Judson Smith stated that for the record he voluntarily self-commits the condition to build exactly the elevation submitted. Mayor Massengill asked Planning Board Chairman Andy Petty to come speak regarding the Planning Board discussions. Planning Board Chair Andy Petty, 1023 Lily Clarie Lane stated that the Planning Board struggled with this zoning. He stated that it was approved because it was in compliance with the land use plan, and it was in the highest and best use. He reported that it was discussed that this is going to be a common theme overtime in this neighborhood with families inheriting property running into the same issues. Mayor Massengill asked if any Planning Board members were absent for the meeting. Planning Board Chairman Andy Petty stated that Jim Chandler and the alternate were the only members absent for the meeting. Commissioner Adcock asked if the Planning Board was made aware legally if the property was not rezoned that small houses could be built on the property. Planning Board Chairman Andy Petty stated that he didn’t think they discussed two small houses being built on the property, but they did discuss that there was a use permit that would allow at least a structure to be built on the property. Commissioner Adcock stated that what he has heard tonight is there are two 25-foot lots based on the original platting of the neighborhood and legally the Town cannot stop someone from building a house and the setback would be 5 feet on the sides which means a 15 foot wide house which he calls as a shotgun house on each lot. He reported that he wished this would have been discussed at the Planning Board because it might have been a unanimous decision. Commissioner Harris stated that he thinks more discussion needs to be on this item because it is going to be the characteristic of the Lincoln Heights area. Commissioner Harris made a motion to deny the proposed zoning map amendment submitted by Judson Smith Capital Match LLC – 498 Longfellow Street – REZ-2023-13. Motion died due to lack of a second. Commissioner Haynes asked for clarification on the motion and if it was being denied would it be tabled until the next meeting. Town Manager Mitchell stated that what he heard was motion to deny the zoning map amendment and it would not table to the next meeting it would just deny it and the developer could go and build the 15-foot-wide homes. Town Manager Mitchell asked if the denial occurred, was there a period where a zoning requestion could not come back to the Town Board. Town Attorney James Adcock stated that a petitioner could bring a zoning map amendment back within 12-months, but the change would have to be substantial than what they brought to the Town Board the first time. Commissioner Gardner stated that since this is going to come up again would it not be in the best interest to take some time looking at this area and trying to figure out what the vision would be for the rest of the lots. Town Manager Mitchell stated that this has already been done with the Land Use Plan and the Board identified the development in this case as being a town center residential area and town center residential is specific as to what can be developed on it. He stated that in the Lincoln Heights neighborhood there are typically two 25 foot wide lots that are combined and the TCR zoning is designed for 50 foot wide lots to be primarily developed as townhomes.  Mayor Massengill asked about the building code. Town Attorney James Adcock stated that the Town has a nonconformity section in the code to keep from punishing people who have lots that were platted in the past. Recommendation – Approve REZ-2023-13, a zoning map amendment at 498 Longfellow Street, from the Residential Low Density (RLD) Zoning District to the Town Center Residential (TCR) Zoning District with the condition of the elevation rendering that the Town Board has received and has been volunteer by the petitioner should be added as a condition. The proposed amendment is consistent with the 2040 Community Vision Land Use Plan and reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (3-2) Commissioner Harris and Commissioner Haynes voted against this item. CONSENT AGENDA 16A. Recreation Unit Fee-In-Lieu - William Bluffs Subdivision - SUB-PR-2023-01 Purpose – To consider acceptance of a fee-in-lieu for Recreation Unit Fees for William Bluffs subdivision in the amount of $48,687.56. Recommendation – Approve the fee-in-lieu request for William Bluffs subdivision in the amount of $48,687.56 for Recreation Unit Fees as presented and recommended. 15B. Utility Agreement Allocation Request - William Buffs Subdivision - 58 Lots Purpose – To consider a Utility Agreement Allocation Request for the William Buffs subdivision. Recommendation – Approve the recommended utility allocation request for William Buffs Subdivision (58 lots) as presented and recommended. 16C. Resolution - Abatement Assessment - 411 Cherry Street Purpose – To consider a resolution assessing the cost of a Town abatement of a nuisance for 411 Cherry Street, PIN 0656792838. Recommendation – Approve a resolution applying the cost of Town nuisance abatement as a lien against 411 Cherry Street - PIN 0656792838. Resolution No. 23-1838 16D. Project Ordinance Amendment – Public Utilities Department - Miscellaneous Utility Projects - POA-24-10 Purpose – To consider approval of Project Ordinance Amendment (POA), POA-24-10. Recommendation – Approve Project Ordinance Amendment (POA-24-10) as presented and recommended. Ordinance No. N-23-35 16E. Special Event and Parade Permit Request - Cultural Arts Society of Fuquay-Varina - Rev. Dr. Martin Luther King, Jr. March and Program - January 15, 2024 Purpose – To consider approval of a special event application and parade permit for the Cultural Arts Society of Fuquay-Varina's Rev. Dr. Martin Luther King, Jr. March and Program event scheduled for January 15, 2024. Recommendation – Approve the special event application and parade permit for the Cultural Arts Society of Fuquay-Varina's Rev. Dr. Martin Luther King, Jr. March and Program event scheduled for Monday, January 15, 2024, as presented and recommended. 16F. Budget Amendment - Bishop Photo - Youth Athletic Scholarship Fund Donation - Parks, Recreation and Cultural Resources - $2,800 - BA-24-17 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-24-17 as presented and recommended. 16G. Budget Amendment – BA-24-18 – Victory Temple Ministries, Inc. Purpose – To appropriate fund balance for a legal settlement agreement with Victory Temple Ministries, Inc. in the amount of $150,000. Recommendation – Approve the budget amendment for the legal settlement with Victory Temple Ministries, Inc. as presented and recommended.  A motion was made to approve all Consent Agenda Items 16A- 16G. MOTION Commissioner Adcock SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) ITEMS REMOVED FROM CONSENT 17A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 18A Procedural Ratification Purpose – To receive recommendations on Planning Board and Board of Adjustment positions by Mayor Massengill and procedurally ratify the recommendations as is customary. Mayor Massengill presented his recommendations to the Planning Board: Re-appointment of Andy Petty as an in-town representative with a term from 2023-2026. Appointment of Nolan Perry as an in-town representative filling an unexpired term. Nolan is a resident of Fuquay-Varina. He is an attorney at a local law practice for which he is a founding partner (Morgan & Perry Law, PLLC). His legal focus is on real estate, business, and Estate Planning Law. Nolan has served on the Chamber of Commerce Board of Directors and is a former Chair. Additionally, Nolan is a Board Member for Campbell University’s Presidential Board of Advisors. Nolan is a member of the FVDA and is active in the community. Nolan is a graduate of Leadership Fuquay-Varina. Appointment of Jeff Stevens as an in-town alternate representative with a term from 2024- 2026. Jeff is a resident of Fuquay-Varina. He currently serves as a board member for the Fuquay-Varina Chamber of Commerce and Fuquay- Varina Economic Development Commission. Jeff is a banker with First Federal Bank in Fuquay-Varina and he and his wife, Krista, recently opened Lollipop Children’s Boutique in downtown Fuquay-Varina. Jeff is a graduate of Leadership - Fuquay-Varina. Recommendation – Approve the recommended appointments to the Planning Board. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) Mayor Massengill then presented his recommendations to the Board of Adjustment: Re-appointment of Andrew Rubley as an in-town representative. Appointment of Kathryn Tart as an in-town representative. Kathryn is a resident of Fuquay- Varina. She is the owner of KJT Law, PLLC and has been a licensed and practicing lawyer in North Carolina since 2004. Some of Kathryn’s legal focuses include real estate law and business formation. Kathryn is an active member of her church and has served as a board member for Cape Fear Christian Academy. Appointment of Douglas Congdon as an in-town representative filling an unexpired term. Douglas is a resident of Fuquay-Varina. He works for a company that manages facilities, design, and construction management for the Wake County Public School System. Douglas has 25 years of experience in commercial real estate and construction project management.  Appointment of Lara Shields as an alternate in-town representative. Lara has been a resident of Fuquay-Varina for close to 20 years. She has been an active volunteer and heavily involved with Fuquay-Varina schools, having served on committees and boards. Lara works for Campbell University as an Institutional Review Board Director. Recommendation – Approved the recommended appointments to the Board of Adjustment. MOTION: Commissioner Haynes SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Mayor Massengill appointed Andy Petty to serve as Chairperson for the Planning Board for a two-year term, ending December 31, 2025. Mayor Massengill appointed Dan Miller to serve as Chairperson for the Board of Adjustment for a one-year term, ending December 31, 2024. 18B Preliminary Subdivision Plat – Gold Leaf Subdivision - SUB-PR-2023-04 Purpose –To consider a preliminary subdivision plat submitted by Burton Engineering for the Gold Leaf Crossing Subdivision located at 1920, 1916, 0, 0, 1844, 1848 and 1852 N. Main Street, 1505 Ideal Lane, and 1375 NC 42 Hwy. 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 provided information about the agenda item by making the following remarks. The submitted preliminary subdivision, Gold Leaf Crossing is located at 1920, 1916, 0, 0, 1844, 1848 and 1852 N. Main Street, 1505 Ideal Lane, and 1375 NC 42 Hwy on 106 acres in the Residential Agricultural Conditional Zoning District (RA), Residential Medium Density (RMD), General Commercial Conditional Zoning District (GC-CZD) and Heavy Industrial (HI) zoning districts. The properties additionally fall in the Highway Corridor Overlay (HCO) Zoning District. The following permitted uses are applicable to 1920 N. Main Street zoned General Commercial Conditional Zoning District (GC-CZD), per REZ-2023-06: 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 Additional specific development standards are outlined in a Developer Agreement that was Town Board approved on August 8, 2023. The preliminary subdivision plat proposes infrastructure only for the Gold Leaf Crossing commercial development. Of the 14 lots proposed to be included in the first phase, nine are designated as commercial lots, three will serve as private stormwater management parcels, one lot will serve as a sign lot, and one lot will be dedicated as a public sewer pump station. Eight parcels are identified for future development and two residual parcels will be created south of the railroad as a result of the Boulevard dedication. Central to the development will be the construction of the Wallace Adcock Boulevard, a 100-foot public right-of-way with a 4-lane median divided roadway and 10-foot sidepaths on both sides that will serve to connect US 401 to NC 42 Hwy. Nine private access points are proposed off the Boulevard along with two off US 401 to provide vehicular circulation interior to the commercial development. Taylor Place Drive, a 52-foot public right-of-way with a 2-lane roadway and sidewalks on both sides will be constructed to provide access to the Pump Station Lot and is configured for future extension. The proposed roadways combined with right-of-way dedication along the US 401 frontage satisfy the requirements the 2035 Community Transportation Plan (CTP). The Phase 1 Site Plan has been submitted and is currently under review. As a commercial development, all proposed parcel development will be submitted for site plan review and administratively approved by staff. Vehicular access to the project area will be provided via US 401 and NC 42 Hwy. US 401 is classified by the Town's 2035 Community Transportation Plan as a 200-foot right-of-way, 6- lane median divided roadway with both sidewalk and sidepath. The current configuration of US 401 is a variable width right-of-way that falls just under the future 200' width with a 4- lane median divided road, a carrying capacity of 46,400 annual average daily trips (AADT) and no pedestrian accommodations. A 2021 NCDOT traffic analysis for US 401 indicates a volume of 27,000 AADT. Due to the future realignment of the road, NC 42 Hwy is classified by the Town's 2035 Community Transportation Plan as a 70-foot right-of-way, 2-lane roadway with both sidewalk and sidepath. The current configuration of NC 42 Hwy is a 110' right-of-way with a 2-lane road, a carrying capacity of 28,100 annual average daily trips (AADT) and no pedestrian accommodations. A 2021 NCDOT traffic analysis located approximately a quarter mile to the west of the subject property along NC 42 Hwy indicates a volume of 12,000 AADT.  Public water is currently available along US 401 and NC 42 Hwy and both water and sewer will be extended by the Developer to serve the proposed development. The proposed preliminary subdivision plat meets all Town requirements, and management and staff recommend approval. At the November 20, 2023, regular meeting, the Planning Board found the subdivision plat consistent with Town requirements and voted unanimously to recommend approval. Discussion – Commissioner Adcock asked to be recused due to a conflict of interest. Motion was made to recuse Commissioner Adcock. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (4-0) Recommendation – Approve the Gold Leaf Crossing subdivision plat SUB-PR-2023-04, as presented and recommended. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (4-0) 18C Contract Award, Budget Amendment, and Project Ordinance Amendment - HL-0028 Highway 401/Mill Creek Drive Intersection Improvements Purpose – To consider approving a Budget Amendment and associated Project Ordinance Amendment in the amount of $1,780,000 and awarding a contract for the construction of the Highway 401 and Mill Creek Drive Intersection Improvements Project (HL-0028) to Cardinal Civil Contracting, LLC in the amount of $2,239,748.89. 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. During the FY 2021-2022 round of LAPP funding requests, the Town successfully received grant funding for a project that provides intersection improvements at the Highway 401 and Mill Creek Drive intersection. The intersection improvement project will provide additional lanes and approaches to this heavily traveled intersection. This project will assist in alleviating traffic associated with current traffic patterns and with the anticipation of future commercial development within the vicinity of the intersection. This intersection will be the main entrance to the future large-scale commercial retail project, Gold Leaf Crossing. The construction contract was advertised on October 18, 2023. A public bid opening was held at John W. Byrne Municipal Building on November 16, 2023, where each bid was publicly opened and read aloud. Cardinal Civil Contracting, LLC was the lowest, responsive, and responsible bidder, with a bid of $2,239,748.89. Construction for the Highway 401 and Mill Creek Drive Intersection Improvements is anticipated to begin in April 2024 and be completed in Spring 2025. Town staff recommends approving a Budget Amendment and corresponding Project Ordinance Amendment in the amount of $1,780,000, and awarding a contract for the construction of Highway 401 and Mill Creek Drive Intersection Improvements project (HL- 0028) to Cardinal Civil Contracting, LLC in the amount of $2,239,748.89 and authorize the Town Manager to execute the contract on behalf of the Town, subject to the Town Attorney’s review as to form. The Town Board has established a project ordinance of $1,536,438.00 to undertake these roadway intersection improvements. Existing project funds comprise $1,229,151 (80%) in Federal Highway Administration (FHWA) funds (LAPP) and $307,287 (20%) in Town Match. The Town was originally awarded LAPP funding for this project in FY 2021-2022. Due to increased construction costs, a project ordinance amendment of $1,780,000 is needed to fund and complete this project. Funds are available in the Transportation Fee-In-Lieu Southern District account. If the project ordinance amendment is approved, the total funding for this project will be $3,316,438. On November 16, Cardinal Civil Contracting, LLC was the lowest, responsive, and responsible bidder, with a bid of $2,239,748.89. The additional $1,045,224 in project funding will be used for construction engineering/inspections (CEI) and to pay NCDOT project administration costs. Town staff recently engaged NCDOT and CAMPO to seek additional funding to cover the $1,800,000 project cost overages. NCDOT/CAMPO has approved the Town’s request for an additional $900,000 in LAPP funding. This additional funding award is a 50/50 match; the Town will need to contribute $900,000 for a total of $1.8 million in additional funding for the project. For consideration, a supplemental agreement will be brought to the Town Board during the December 19 Town Board meeting. Since this additional supplemental funding has been awarded, $900,000 of the Transportation Fee in Lieu Southern District funds will be returned to its reserve account. Discussion – Mayor Massengill asked when the project would begin. Engineering Director Matt Poling stated around March or April 2024. Recommendation – 1) Approve a Budget Amendment (BA-24-11) in the amount of $1,780,000, along with its corresponding Project Ordinance Amendment (POA-24-07); 2) award a contract for the construction of the Highway 401 and Mill Creek Drive Intersection Improvements Project (HL-0028) to Cardinal Civil Contracting, LLC in the amount of  $2,239,748.89, and 3) authorize the Town Manager to execute the contract on behalf of the Town, subject to the Town Attorney’s review as to form. Ordinance No. 23-36 MOTION: Mayor Pro- Tem Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) 18D Preliminary Subdivision Plat – William Bluffs Subdivision - SUB-PR-2023-01 Purpose – To consider a preliminary subdivision plat submitted by Curry Engineering Group, PLLC for the William Bluffs Subdivision located at 6411 Burt Road. 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 provided information about the agenda item by making the following remarks. Contingent on the approval of REZ-2022-07 and ANX-2023-02, the submitted preliminary plat, William Bluffs Subdivision is located at 6411 Burt Road on 42.14 acres in the Residential Low Density Conditional Zoning District (RLD-CZD). The following conditions are site-specific standards for the subject property: 1. Maximum density of 2 dwelling units per acre. 2. Minimum 10' Type C perimeter buffer along the boundary with vintage acres subdivision, along full property line with pin 0646152166 and partial property line with pin 0646145796. See plans for the location. 3. Existing trees and natural vegetation will be retained on all lots outside the buildable area where trees are determined to be in good health and will not pose a danger to any structure. Natural vegetation will be undisturbed where it is free of roots, briars, or invasive species and where it is determined to be an aesthetic benefit to the subdivision. Removal of existing trees or vegetation as part of grading operations may be completed after the plat is recorded on an individual lot basis and is subject to compliance with the Town of Fuquay-Varina land development ordinances. 4. All roadway drainage pipes shall have decorative headwalls. All lots shall have decorative headwalls for driveway pipes. Headwalls shall be concrete with a masonry veneer or stone façade. 5. Vinyl siding is not permitted. Vinyl windows, decorative elements, and trim are permitted. 6. No unit shall be constructed with an exterior elevation or color palette identical to the unit on either side or directly across the street. A varied color palette shall be utilized on homes throughout the subdivision to include a minimum of three color families for siding and shall include varied trim, shutter, and accent colors complimenting the siding color. 7. All homes shall have a 2-car garage at minimum. Garage doors shall contain windows, decorative details and/or carriage-style adornments. 8. Each unit shall have a front door with a minimum of 25% glazing, transom, and/or door sidelights. 9. Eaves shall project at least 12 inches from the structure's wall. 10. The visible side of a home on a corner lot facing the public street or rear façade visible from a public row shall contain at least two decorative elements, including, but not limited to, the following elements.· windows· bay window· recessed window· decorative window· trim around the windows· wrap around porch or side porch· enclosed porch· two or more building materials· decorative brick/stone· decorative trim· decorative shake· decorative air vents on gable· decorative gable· decorative cornice· column· portico· balcony. The preliminary subdivision plat proposes 58 residential lots. The minimum lot size permitted is 14,500 square feet. The minimum lot size provided is 14,508 square feet, with an average lot size of 18,479 square feet. Zoning conditions limit the maximum density to two (2) dwelling units per acre and the proposed density is 1.38 dwelling units per acre. There is 5% or 2.11 acres of common green required and 2.19 acres of common green provided in addition to 11.90 acres of total open space. A 1.76 acre portion of the existing property that fronts Buckhorn Duncan Road will be subdivided from the parcel and is excluded from the development. Vehicular access to the project area will be provided by Burt Road, a 70-foot right-of-way, 2- lane street, with sidewalks on each side per the Community Transportation Plan (CTP). Traffic counts are unavailable for this portion of Burt Road. Additionally, extensions of Berry Meadow Court and Arbor Grove Court are required to be connected as a part of this development. Both are 2-lane, local residential collector streets with 50-foot rights-of-way. Traffic counts are unavailable for these local streets. Public water is currently available, and sewer will be extended to serve the subject property by the Developer. The proposed preliminary subdivision plat meets all Town requirements, and management and staff recommend approval. At the November 20, 2023, regular meeting, the Planning Board found the subdivision plat consistent with Town requirements and voted unanimously to recommend approval. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve the William Bluffs preliminary subdivision plat SUB-PR-2023-01, as presented and recommended.  MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 19A Manager’s Report Town Manager Adam Mitchell gave the following updates: o Finance Department – The Finance Department has begun the budget process for FY 2024-2025. o Human Resources Department – The Human Resources Department is working through several initiatives with HR annual training for town employees and staying busy with the hiring process. o Communications Department – The Communications Department is working on a number of initiatives as well as the State of the Town Address. o Police Department – The Police Department has received a grant to be able to provide an officer wellness class for all sworn PD staff by National University that will be free to officers in the month of December. Also, the tower at the PD has been taken down and the parking lot has been brought up to standard. o Fire Department – The Fire Department completed their toy drive and are working on a food drive through December 11th. They now have bulletproof vests and ballistic helmets that were provided by Wake County as part of this year’s budget and will be used on all staff responding apparatus. They also are working on hiring three new firefighters. o Parks & Recreation Department– The Parks and Recreation Department had a very successful tree lighting this past Thursday night. The Tree City USA application has been submitted and hope to hear the results the first of the year. The lighting installation project at Falcon Park is complete. The contractors are now moving over to Willow Lakes  Park for light installation. The slabs are being poured this week for the Community Center North. o Arts Center – The Arts Center is booking talent for the 2025 calendar year. On December 1st they announced their 2024 spring series. o IT – The IT Department has released the digital plan submittal and payment went live today. Now developers can submit their plans via the online digital platform. o Public Works - The Public Works department continues to be busy with looseleaf season. December will be a large garbage and recycle season with Christmas upon us. The Sanitation Department will also be busy over the next few weeks. The recycling market has moved more to a neutral position which has financially created a better forecast for the Town earlier this year. o Planning Department – The Planning Department has completed the initial public outreach part of the CTP. The Town Board will receive a presentation by the consultants Kimberly Horn on what was gathered through the public input process at a future meeting. o Engineering Department – The Engineering Department is very busy with right of way acquisition for several transportation projects. Four town funded transportation projects are now at 90% design completion and should be out to bid in the spring. o Public Utilities Department – The Public Utilities Department is very busy with a lot of water and sewer projects. They also have a lot of easement acquisitions going on. o Inspections Department – The Inspections Department is staying busy with not only residential inspections but also a substantial number of commercial inspections. o Economic Development – The Economic Development Director, Town Manager and Mayor did a site visit with Inserv and talked about how the Town can work with their company to try to attract more suppliers to the pharmaceutical industry. The Economic Development Department is working on the five year strategic plan update as well as next year’s Economic Development Summit that will be held on February 1 st at the Arts Center.  Town Manager Mitchell congratulated the Chamber of Commerce on the Christmas Parade which had a great turn out for the event. Commissioner Haynes stated that he has concerns about Highway 55 turning on to Judd Parkway citing that when people are turning left it is backing up. He also asked if there will be lighting installed close to the intersections of Judd Parkway and Bridge Street and Judd Parkway and Wilbon. Town Manager Mitchell stated that Duke Energy has lighting installation on their schedule to perform. He stated that the traffic on Highway 55 and Judd Parkway is going to get worse due to planned construction on the intersection but when completed should help to alleviate traffic congestion. 19.B The Embers Holiday Show - Fuquay-Varina Arts Center - Wednesday November 22, 2023 - 7:30 pm 19.C Christmas Tree Lighting - Downtown Fuquay-Varina - Thursday November 30, 2023 - 6:00 pm 19.D Holiday Harmony - The Fuquay-Varina Chorale - Arts Center - December 1, 2023 - 7:30 pm - December 2-3, 2023 - 3:00 pm 19.E Fuquay-Varina Chamber of Commerce - Christmas Parade - Sunday December 3, 2023 - 4:00 pm 19.F Coffee with a Cop - Bojangles - 1400 N. Main Street - Wednesday December 6, 2023 - 9:00 am - 10:30 am 19.G The Nutcracker - Arts Center - December 8, 2023 - 7:30 pm - December 9, 2023 - 11:00 am, 2:30 pm, 5:00 pm 19.H The Hall Sisters Holiday Show - Arts Center - Friday December 15, 2023 - 7:30 pm 19.I Gerald Parker Jazz Orchestra - Arts Center - Saturday December 16, 2023 - 7:30 pm 19.J Zoning Map Amendment & Land Use Plan Amendment - Brian L Jones, Design Line Studios, PLLC - 213 South West Street - PIN 0656869338 - REZ-2023-09 - (Davison) - FIRST READING 19.K Zoning Map Amendment - Judson Smith, Capital Match LLC - 498 Longfellow Street - PIN 0657609402 - REZ-2023-13 - (Davison) - FIRST READING 19.L Zoning Map Amendment & Land Use Plan Amendment - Curry Engineering - 6411 Burt Rd - PIN 0646047332 - REZ-2022-07 - (Davison) - FIRST READING BOARD MEMBER COMMENTS Commissioner Harris stated that he had no comments. Commissioner Adcock stated that he was glad to be back on the Town Board. He stated that he had some thoughts on why the Parks & Recreation Bond did not pass. He reported that from his campaign and talking with folks that they thought the tax increase was too much. He stated that going forward he is going to be careful on approving items that have an impact on the tax rate.. Commissioner Wunsch stated that the Chamber of Commerce Christmas parade was a huge success. Commissioner Haynes congratulated everyone that was elected to office. Mayor Pro-Tem Gardner stated that the last three to four days in the Town have been wonderful and no wonder the Town is experiencing growth with all the different amenities available and events. She said that the Christmas Parade was the best yet and the weather was perfect. She stated that this is her favorite season in the Town with all the events, especially the tree lighting, FV Chorale, and Christmas Parade. She thanked all the volunteers, Police and Fire departments for all that they have done over the last few days. She thanked everyone for the opportunity and the honor to serve the community. Mayor Massengill stated that the Christmas Parade had a record turn out this year. He thanked everyone for all their hard work that went into the Christmas Parade. He thanked staff for getting everything set up for the oath of office ceremony. He also thanked Communications Director Susan Weis and Deputy Town Clerk Teresa Wilder for all their hard work on getting everything ready for the Board meeting. The following items are Mayor Massengill’s past and future events: Past Events 11/22 – 2024 M.A.N.iFest Planning Meeting 11/25 – Small Business Saturday 11/29 – Inserv Corp. Industry Tour 11/30 – Wake County Systems Career Event 11/30 – Tree Lighting 12/1 - Metro Mayor’s Call 12/3 – Chamber Christmas Parade Upcoming Events 12/6 – FV Chamber Young Professionals 12/6 – FVEDC Holiday Event 12/7-8 – Metro Mayor’s Annual Meeting 12/9 – Curated Craft Market 12/11 – Manifest 2024 Discussion  12/11 – Black History Stakeholders Meeting 12/11 - FVDA Christmas Party 12/12 – Police Department Holiday Cheer Event Read to the Children 12/14 – Southbend Visit 12/14 – FV – Chamber Business After Hours 12/18 – Wake County Mayor’s Association Meeting ADJOURNMENT A motion was made to adjourn the meeting at 10:30 p.m. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULT: Passed Unanimously (5-0) The minutes from the December 4, 2023, Town Board of Commissioners regularly scheduled meeting are adopted this 19th day of December 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