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Board of Commissioners

Regular Meeting

Fuquay-Varina, NC · May 6, 2024

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Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting May 6, 2024 J. Blake Massengill, Mayor Marilyn Gardner, Mayor Pro-Tem The Regular Meeting of the Fuquay-Varina Town Board William H. Harris, Commissioner Bryan Haynes, Commissioner scheduled for Monday, May 6, 2024, at 7:00 p.m. was Charlie Adcock, Commissioner Jason Wunsch - Commissioner held at the Fuquay-Varina Town Hall, 134 N Main Street, Adam G. Mitchell, Town Manager Fuquay-Varina, NC. Mark D. Matthews, Assistant Town Manager 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 Marilyn Gardner, Commissioners William Harris, Bryan Haynes, and Charlie Adcock. Also in attendance were Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Town Attorney James Adcock, Deputy Town Clerk Teresa Wilder, IT Director Scott Clark, and various other department directors. Commissioner Jason Wunsch was absent due to sickness. CALL TO ORDER Mayor Massengill called the meeting to order at 7:01 pm. INVOCATION AND PLEDGE Pastor Mark Fenn, Evangel Pentecostal Holiness Church, provided the invocation and the Fuquay-Varina Teen Council 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 April 2, 2024, Town Board of Commissioners Regular Scheduled Meeting minutes. MOTION: Commissioner Adcock SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (4-0) PRESENTATIONS 4A Willow Spring High School Varsity and JV Cheer Squad - NCCCA State Champions Purpose – To recognize the Willow Spring High School Varsity and JV Cheer Squad for having won the NCCCA State Championships in their respective divisions. In January 2024, the Willow Spring High School Varsity Cheer Squad placed first and earned a state championship in the traditional cheer division of the North Carolina Cheerleading Coaches Association (NCCCA) State Championships. The Junior Varsity team also placed first in their respective division. Mayor Massengill recognized both the varsity and junior varsity teams and commended them for representing the Town positively. 4B Recognition - Teen Council - State Charter Approval Purpose – To recognize the Fuquay-Varina Teen Council on becoming the 24th Chartered Youth Council in North Carolina, and provide a presentation on the most recent state conference attended by the Teen Council. Staff Comments – Community Center Administrator Leslie Poole 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. Community Center Administrator Poole stated that the Teen Council attended the Spring Youth Conference in Lake Norman. She reported that at the conference they were voted in to become the 24th chartered member of the Station Youth Council. Mayor Massengill thanked them for their hard work and for giving back to the community. He suggested that maybe Fuquay-Varina could host the statewide Teen Council in the future. 4C Proclamation - National Public Service Recognition Week - May 5-11, 2024 Purpose – For Mayor Massengill to present a Mayor's Proclamation recognizing National Public Service Week in the Town of Fuquay-Varina, May 5-11, 2024. Every year since 1985, the first week of May has been set aside as Public Service Recognition Week, a time to thank dedicated public servants from federal, state, and local governments across the country. 4D Proclamation - National Police Week - May 12-18, 2024 Purpose – For Mayor Massengill to present a Mayor's Proclamation recognizing National Police Week as May 12-18, 2024 in Fuquay-Varina. In 1962, President Kennedy proclaimed May 15 as National Peace Officers Memorial Day and the calendar week in which May 15 falls, as National Police Week. Established by a joint resolution of Congress in 1962, National Police Week pays special recognition to those law enforcement officers who have lost their lives in the line of duty for the safety and protection of others. 4E Presentation - FY 25 Operating Budget and Five-Year Operating and Capital Plan Purpose – To receive a presentation of the Town Manager's Fiscal Year 2025 Recommended Budget and consider scheduling a public hearing for May 21, 2024. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information about the agenda item and made the following remarks. On April 22, 2024, the Town's Governing Board received a presentation regarding the preliminary draft proposed FY 2025 budget. A balanced budget and five-year operating and capital plan were presented along with identified human resource needs, facilities, and the capital equipment to maintain and in some cases improve service levels as the addition of customers and Town infrastructure has increased workload demands on Town staff. The Town Manager's Recommended Budget reflects one change of note since the Budget Work Session presentation: 1) The inclusion of all the proposed property tax rate options presented at the work session for a total proposed property tax rate of 36.8 cents per $100 of assessed value. In addition to receiving an abbreviated presentation of the Recommended Budget this evening, the Town Board will be asked to take action to schedule a budget public hearing for May 21, 2024, as required by NC General Statute. Along with the pre-budget public hearing that the Town traditionally holds during the month of February, the opportunity for pre-budget public input was provided on the Let’s Talk FV community engagement platform. This opportunity will continue through May 22. Public input was taken into consideration in the development of the FY 2025 budget. Management's recommendation is to schedule a budget public hearing for May 21, 2024, as required by NC General Statute. During this budget public hearing, the public will have the opportunity to offer input and feedback prior to budget adoption. Between May 6 and May 22, the public will have the opportunity to review the budget on the Town website as well as offer any input and/or feedback. The proposed FY 2025 General Fund Budget totals $78,531,188. The recommended budget proposes a property tax rate option of 36.8 cents for every $100 in value. This includes a planned 2 cent property tax rate increase to offset the debt service expense related to the 2021 Transportation Bond. The bond referendum information shared with the voters stated the anticipated cost could require a 3.5 cent adjustment to the tax rate; however, due to the property revaluation increase assessed values and natural growth, only a 2 cent increase is needed. The budget also includes a 1 cent property tax rate increase option to offset the debt service expense related to the Public Service Center expansion, a 1 cent property tax rate increase option to offset the debt service expense related to the acquisition of land for recreation fields and facilities to address surging demand in parks and recreation programs, and a 1 cent property tax rate increase option to support annual capital improvement and enhancement opportunities to Fuquay-Varina. The proposed budget also includes a change in solid waste fees from $21 to $23 per month to achieve cost recovery for sanitation, recycling, and debris collection services. The full Fee Schedule is provided with greater detail. The Utility Fee Schedule proposes several changes including a 15% increase in water and sewer base and volumetric rates, consistent with the updated rate model study completed in FY 2024, to generate the additional revenue needed to cover the cost of water supply, wastewater treatment, and debt service associated with major public utility infrastructure investments within the Five-Year Plan. The proposed budget also recommends increasing the Water System Development Fee and the Sewer System Development Fee, based on a System Development Fee Study completed in FY 2024, to assist in supporting the expansion of water and wastewater infrastructure. The System Development Fee recommendations will be revisited after final bids for the Sanford Water Treatment Facility Expansion are opened in early May. An updated System Development Fee analysis report will be posted in mid-May, a public hearing scheduled with the goal of adopting final recommendations in July 2024. The full Fee Schedule is provided with greater detail. The Five-Year Operating and Capital Plan is balanced. The Five-Year Plan does not identify the need for any additional tax rate increases. The Five-Year Plan does anticipate the need for water and sewer volumetric rate increases every year to offset the anticipated supplier increases and to cover the debt service required for additional water and wastewater capacity for system users, consistent with the utility rate study. The plan includes the addition of personnel, capital equipment, and capital projects to match the pace of growth and is consistent with the direction set by the Town Board at the Strategic Planning Retreat and the Town's 2021-2025 Strategic Plan. The Five-Year Plan also takes into consideration recommendations from various Town master plans and studies. Discussion – Mayor Massengill asked Town Manager Mitchell to review the proposed areas that will increase from a tax standpoint. Town Manager Mitchell stated that the tax rate would be 36.8 cents, which includes a two cent property tax rate associated with the 2021 transportation bond referendum that was approved by the voters. The two cents will pay for the debt service on a variety of transportation improvements that were identified in the budget video. He reported that this tax rate has been planned for over three years. He stated that if the Town Board were to consider approving the 36.8 cents tax, which would be five cents above revenue neutral after the property tax revaluation the first cent of the three cents would pay for debt service associated with the expansion of the Public Service Center. The second one cent would go towards identifying a site and secure that site for a future district or regional park in the community that would include play fields for baseball, football, softball, soccer and potentially even an indoor sports complex. He stated that the one cent would not be for the development and construction of the park, but it would be to secure the property so that the Town has the opportunity to develop it in the future. The third one cent would be to make enhancements to the community, an example of that would be the improvements to Library Park, which would cost around $1 million and an extra penny would generate about $1,022,000. He reported that the third one cent falls in the category of a want not necessary a need but there is a need for the Public Service Center expansion and the need to purchase land for parks. He reported that due to when the money would come in there is a chance that one or two of the projects could be completed on the want list without that fifth penny on the tax rate. Mayor Massengill stated that he believes that it is important, with where the economy is, to focus on current needs. The Public Service Center expansion is a justified means and the purchase of land for park facilities is as well. Mayor Massengill asked Town Manager Mitchell to speak to the Town Board request for a follow up recommendation on the Hilltop Needmore Town Park and Preserve trails improvements. Town Manager Mitchell stated that staff have identified the areas that need to be fixed so it is not a safety concern. He reported that there is about 10% that would need to be improved and the cost for that would be around $440,000, which would be his recommendation for the trails. Mayor Massengill stated that this would be a good comprise to making the facility safe. Commissioner Adcock stated that he agreed with the Town Manager’s recommendation of improving the unsafe areas for $440,000. Town Manager Mitchell stated that before the Town Board adopts the budget on June 3 rd , they would need to give management a firm number to set the tax rate. Commissioner Haynes stated that when he was at the NCLM conference he was hearing that municipalities (especially in Wake County) were raising taxes and many of them were doing double or triple the amount that the Fuquay-Varina Town Board has been discussing. He stated that across the State of North Carolina most municipalities are doing a 5 to 10 cent tax rate increase. Recommendation – Schedule a public hearing on the Town of Fuquay-Varina FY 2025 Budget for May 21, 2024. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (4-0) PUBLIC COMMENTS 5A No one chose to speak during public comments. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the May 6, 2024, Town Board meeting. PUBLIC HEARINGS 7A Zoning Map Amendment & Land Use Plan Amendment - Town of Fuquay-Varina - 303 Branch Street & a portion of 302 Holland Glen Street - PINs 0656885309 & a portion of 0656883254 - REZ-2024-03 Purpose – To consider a requested zoning map amendment for a total of 0.378 acres, located at 303 Branch Street & a portion of 302 Holland Glen Street, from the Residential Medium Density (RMD) and Residential High Density (RHD) Zoning Districts to the Office & Institutional (O&I) Zoning District and corresponding Land Use Plan amendment from the Town Center Residential (TCR) classification to the Civic & Institutional (CIV) classification. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item and made the following remarks. The subject properties total 0.378 acres and are located in the Town's corporate limits. The properties are currently wooded, with the portion of 302 Holland Glen Street being part of James A. Campbell Park The zoning map amendment petition requests approval of the Office & Institutional (O&I) Zoning District, which is intended to permit professional and general office and institutional uses with public utilities. This district permits development of office uses and institutional uses including but not limited to, public or private schools, hospital, assisted living facilities, nursing homes and the integration of complementary retail uses to serve the office and institutional uses and developments. Public utilities are required. Surrounding property is primarily residential of a variety of densities, making up the neighborhoods that begin the transition into downtown. Several civic uses are to the north and east of the subject properties, including Trice Funeral Home and James A. Campbell Park. The 2040 Community Vision Land Use Plan (LUP) calls for the Town Center Residential (TCR) classification at the subject properties. 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 properties. 302 Holland Glen Street is located on and has access to Holland Glen Street and is classified as a local street in the Town's Community Transportation Plan (CTP). As this road is Town maintained, NCDOT traffic counts are not available. 303 Branch Street was formerly located on and had access to Branch Street, a 30' public right of way. This street was approved for closure by the Town Board of Commissioners at the April 7, 2003 Town Board meeting as part of Resolution #03-841, the address was not changed for this parcel. A neighborhood meeting was held by the petitioner on March 21, 2024, at 134 N Main Street Fuquay-Varina, NC. The meeting report is attached. As the Town is the petitioner, Town planning staff conducted the neighborhood meeting and can answer questions related to the report. 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 TCR classification to the Civic & Institutional (CIV) classification as it is compatible with the proposed zoning and the proposed sale and future use of the properties. This amendment supports the following LUP policies: 1) Policy 2.5 Grow in Downtown: as the subject properties are located adjacent to Downtown Fuquay. 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 Civic & Institutional, which is compatible with the proposed zoning and the proposed sale and future use of the properties. 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 rezoning will facilitate the retention and expansion of an existing established business. At the April 15, 2024 regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing – The public hearing was opened. No one spoke in favor or opposition to the zoning map amendment and land use plan amendment. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2024-03, a zoning map amendment for 303 Branch Street & a portion of 302 Holland Glen Street, from the Residential Medium Density (RMD) and Residential High Density (RHD) Zoning Districts to the Office & Institutional (O&I) Zoning District and corresponding Land Use Plan amendment from the Town Center Residential (TCR) classification to the Civic & Institutional (CIV) 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 Adcock MOTION RESULTS: Passed Unanimously (4-0) 7B Zoning Map Amendment - Pulte Home Company, LLC - 5301, 5441, 0, & a portion of 5328 Wade Nash Road - PINs 0657080903, 0657097344, 0647992082, & a portion of 0658001489 - REZ- 2023-11 Purpose – To consider a requested zoning map amendment for a total of 74.8 acres, located at 5301, 5441, 0, & a portion of 5328 Wade Nash Road, from the Residential Agricultural (RA) Zoning District to the Planned Unit Development (PUD) Zoning District. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item and made the following remarks. The subject properties total 74.8 acres. They are located in the Town's Extraterritorial Jurisdiction (ETJ) and are the subject of ANX-2023-13. Portions of the properties are cleared for agricultural uses and others are wooded. There are two (2) existing single-family homes on two (2) of the properties. The properties are currently zoned Residential Agricultural (RA) Zoning District. The zoning map amendment petition requests approval of the Planned Unit Development (PUD) Zoning District. This zoning district is intended to permit variations and flexibility to create a plan for a unified high quality overall development that would otherwise not be possible under the Land Development Ordinance. This type of development encourages the conservation and more efficient use of open space, protection of sensitive environmental areas, enhanced recreation and activities for healthy living, a pedestrian friendly environment and a well-designed and coordinated street pattern. The regulations and performance standards of a PUD district offer flexibility in order to facilitate an integrated mix of housing types and or uses conveniently located close to each other. The PUD zoning district requires a master plan with zoning approval, which is included herein. The petitioner has requested that only the following uses be permitted at the subject property: 1) Single-Family Home 2) Townhouse 3) Greenways 4) Parks/Facilities 5) Home Occupation Additionally, the petitioner has requested the following site-specific conditions be made applicable to the subject property: 1) Vinyl siding is not permitted; however, vinyl windows, decorative elements and trim are permitted. 2) Anti-monotony: 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. In the instance of attached homes, this also pertains to units within the same row. 3) High visibility lot: Any side façade adjacent to a public ROW shall have decorative trim or shutters around all windows. Any rear façade adjacent to a public ROW (existing or proposed) shall have a covered or enclosed deck. 4) Architectural shingles: All homes shall include architectural shingles in a color that compliments the neighborhood’s approved color palette. 5) Glazing: All homes shall have a front door with a ¼ lite door, transom, or door sidelights. 6) Garage Doors: All front-facing garage doors shall have windows, decorative details, or carriage style adornments. 7) Roofline: Roofline shall be broken up horizontally and vertically along the front façade, such that no roofline is in a single mass. The roofline of townhome buildings will also incorporate a minimum roof overhang of 8 inches on end units. 8) Foundation: Along the front façade, all units shall have a crawl space or be raised a minimum of 20” from average grade to finished floor. 9) Façade Treatment – a minimum of three included per dwelling unit: a) Minimum of 24” of masonry material at base along front façade and surrounding entryway. b) Variation in exterior materials such as brick, masonry, board and batten, horizontal or shake siding. c) Decorative front dormers, shed roofs, or gables. d) Decorative trim, shake, cornice, horizontal trim, brackets or air vents/windows on gables. e) Decorative shutters, window trim, or window grids. f) Decorative trellis or shed roof over garage door. g) Variation in roof lines, direction, or materials. h) Addition/variation of a front porch, balcony, covered entry, portico, or stoop. i) Shutters, window trim or window grids. 10) The side elevation of a townhome that faces an existing or proposed right-of-way (excluding alleys) shall be consistent with the front façade and shall include two (2) of the following elements: a) Windows with shutters. b) Addition of a gable, dormer or shed roof. c) Two or more building materials. d) Decorative trim, shake, cornice, horizontal trim, brackets or air vents/windows on the gable. e) Variation in siding material pattern for at least 20 percent of the wall area. f) Matching window grids. The master plan is characterized by a mix of small lot single-family detached homes, front-loaded townhouses, alley-loaded townhouses, and both passive and activated open space. The associated master plan (document and related maps) identifies permitted uses, arrangement of uses, open space, thoroughfare network, utilities, pedestrian network, architectural design and standards, building layout, and landscaping. The maximum allowed density in the PUD Zoning District is six (6) dwelling units/acre and the master plan proposes a maximum density of 2.83 dwelling units/acre for a total of 212 combined units. The master plan proposes a network of streets with the development's main access off Wade Nash Road, road stubs to the adjacent parcels to the east and west, and an extension of Grassy Hills Lane. The extension of Grassy Hills Lane will provide a connection to the McKenzie Subdivision. To reduce construction traffic through the McKenzie Subdivision, the petitioner has proposed to barricade the Grassy Hills Lane stub until the new road section is dedicated and accepted by the Town, or when deemed necessary to be removed in order to ensure access for emergency services. All street sections shall follow the Town's standard specifications, apart from a requested modification to the private alley cross-section to provide accessibility to Town vehicles and emergency services. 25% or 18.7 acres of open space is required for a PUD development and the master plan proposes 47% or 35.73 acres. 5% or 3.74 acres of activated common green are both required and proposed that will incorporate amenities including walking trails, boardwalks, a dog park, natural trails, a nature play area, a picnic shelter, benches, and exercise stations. The development will also provide an amenity center with a pool and cabana. Sidewalks and trails are proposed throughout the development to link the recreational areas and encourage residents to be outside and active. The master plan commits to enhanced perimeter landscape buffers showing 50', 70', and 100' Type A buffers along the development perimeter. Undisturbed buffer areas are proposed along the east, west and southern perimeter, preserving and supplementing existing vegetation to meet the buffer requirements. Surrounding properties are residential in nature with some wooded or agricultural areas. More specifically, the McKenzie Subdivision is located to the south and the Alexander Woods Subdivision (located within the Town of Holly Springs planning jurisdiction) is located to the northeast of the subject properties. The 2040 Community Vision Land Use Plan (LUP) calls for the Single Family Neighborhood (SFN) and Mixed Residential Neighborhood (MRN) classifications at the subject properties. The SFN classification is defined as land formed 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. Homes are oriented toward streets with rear yards larger than front yards. Some Single Family Neighborhoods may mix lot and house sizes on the same block, or provide accessory dwelling units. Small blocks and a grid street network support a well- connected, cohesive community. New Single Family Neighborhoods should include a comprehensive and connected network of open space throughout the site to accommodate small parks, gathering spaces, and community gardens; preserve large tree stands; and help manage stormwater run-off. Internal streets and open space in new Single Family Neighborhoods should be well-connected, while also capitalizing on opportunities to connect with existing or future neighborhoods nearby. The MRN classification is defined as land formed as a neighborhood that includes several housing types, single dwelling detached, townhouse, condominium, apartment, and/or senior living, that provide a range of home choices (lot sizes and home types) in the same neighborhood. This mixed approach accommodates residents at all stages of life, with different housing needs and preferences, to live in a multi-generational community for a lifetime. In a MRN, homes are oriented toward the street with on-street parking in front of more dense housing options. Some neighborhoods may mix housing types on the same block, or provide accessory dwelling units. New MRN developments should include a comprehensive and connected network of open space that provide gathering space; preserve large tree stands; and help manage stormwater run-off. Lot sizes in the neighborhoods are smallest around the central gathering place, where attached and multi dwelling housing types like townhouses, apartments and condominium buildings define the space. Moving out from the center, lots transition from smaller to larger, and become exclusively single dwelling. If a MRN is built adjacent to an existing conventional neighborhood, the variation from more dense to less dense should provide an appropriate transition. The proposed development proposes a mix of single family detached homes and townhomes on the western portion of the property and single family detached homes on the eastern portion which is consistent with the Land Use Plan designations. The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan and is supports the following LUP policies: 1) Policy 3.1: Create a Comprehensive, Connected, and Continuous Network of Green Space 2) Policy 5.3: Improve Street Connectivity 3) Policy 7.1: Establish a Discernible Neighborhood Structure 4) Policy 7.2: Encourage Transitional Uses and Intensities in and Around Project Boundaries 5) Policy 8.1: Provide Mixed Housing & Diversity Public utilities are not currently available to serve the subject properties, but will be extended by the developer with the development. The subject property is located along and has access to Wade Nash Road. Wade Nash Road is classified by the Town's 2035 Community Transportation Plan (CTP) as a 110-foot right-of-way and is identified as being a four (4)-lane, median divided cross-section with sidepaths and a future carrying capacity of 36,600 ADT. It is currently a two (2)-lane road with a center turn lane and a carrying capacity of 12,000 ADT. 2017 NCDOT traffic counts taken approximately 0.3 miles to the west of the properties indicated a volume of 1,800 ADT. More recent traffic count data is currently unavailable. Additionally, two future collector streets are identified by the CTP to run both north to south and west to east through the properties. The master plan has accounted for these future connections. The petitioner held two (2) neighborhood meetings, one (1) on August 23, 2023 and one (1) on February 13, 2024. Both were held at 820 S Main Street, Fuquay-Varina, NC. The meeting report is attached, and staff takes no position regarding its content. A second neighborhood meeting was held because an additional parcel (5441 Wade Nash Road; PIN 0647992082) was added to the original rezoning request. 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 district supports the Land Use Plan Policy 3.1: Create a Comprehensive, Connected, and Continuous Network of Green Space. 2) The requested zoning district supports the Land Use Plan Policy 5.3: Improve Street Connectivity. 3) The requested zoning district supports the Land Use Plan Policy 7.1: Establish a Discernible Neighborhood Structure. 4) The requested zoning district supports the Land Use Plan Policy 7.2: Encourage Transitional Uses and Intensities in and Around Project Boundaries. 5) The requested zoning district supports the Land Use Plan Policy 8.1: Provide Mixed Housing & Diversity. 6) The master plan and narrative included with the request effectively limits development and demonstrates compliance with many of the zoning conditions offered and goals as described in the 2040 Land Use Plan. At the April 15, 2024 regular Planning Board meeting, there was discussion from both the public and the Board regarding road access (the required stub street connection and the connection to Wade Nash Rd) as well as the types of amenities proposed and potential impacts of surrounding neighbors. Following discussion, the Planning Board voted unanimously to recommend approval. Public Hearing – The public hearing was opened. Mark Fredrick, 301 Fayetteville Street, Raleigh spoke in favor of the zoning map amendment. Vince DiMondi, 5505 Spence Plantation Lane, Holly Springs spoke in opposition to the zoning map amendment. The public hearing was closed. Discussion – Mayor Massengill asked why stub streets are installed in subdivisions. Planning Director Pam Davison stated that the intent is for the stub streets to be connected with the adjacent property when developed and if the intent is not to be connected then it would be a cul- de-sac. Mayor Massengill asked if Fuquay-Varina was the only Town in Wake County that requires stub streets. Planning Director Davison stated that all towns in Wake County require stub streets in subdivisions. Mayor Massengill asked if the Army Corps of Engineers and other state agencies would be involved in any impacts to wetlands for this property. Engineering Director Matt Poling stated that the agencies would be involved, and the developer would have to get DEQ permits and permits from the Army Corps of Engineers to determine impacts to wetlands. Mayor Massengill asked about the traffic impacts to the subdivision and if this would help the Fire Department be able to respond to any calls by having another access. Planning Director Davison stated that a traffic impact analysis is required with a preliminary plan. Stub street connections allow better access to fire and police emergencies. Mayor Massengill asked what the traffic distribution would be on the road. Andrew Todd, Traffic Engineer with firm VHB who prepared the traffic impact study. He stated that 20% of citizens would exit the development on the south and 80% would exit on the north of the development. Mayor Massengill asked about the open space for this development, that 48% is planned and that only 25% is required by the Town and what are the common space activities. Planning Director Davison reported that there is 5% or 3.74 acres of activated common green that is a requirement which will help with amenities like walking trails, boardwalks and dog park nature trails. In addition, the pool and cabana does not count towards the activated open space that is in the secondary open space. Commissioner Adcock asked if there is anything between the two neighborhoods on Grassy Hills Lane for traffic calming. Planning Director Davidson stated that there would not anything due to the developer is planning on putting a couple of large lots in this area and the road will be barricaded until it is dedicated to the Town. Commissioner Harris asked what the timeframe would be between the dedication of the road and the actual removal of the barricades. Engineering Director Poling stated that when a road is dedicated that means a developer can start building lots and it is essential for fire and police to be able to access the road. The barricades are removed as soon as the road is dedicated and platted. Commissioner Adcock asked if the roads in the McKenize Subdivision were NCDOT roads and would be maintained by NCDOT. Planning Director Davison stated that they were NCDOT responsibility. Recommendation – Approve REZ-2023-11, a zoning map amendment for 5301, 5441, 0, & a portion of 5328 Wade Nash Road, from the Residential Agricultural (RA) Zoning District to the Planned Unit Development (PUD) Zoning District as it is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Adcock SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (4-0) 7C Zoning Map Amendment - Rudy Upton, RCU, LLC - 109 South Ennis Street - PIN 0666175384 - REZ-2024-04 Purpose – To consider a requested zoning map amendment for a total of 0.48 acres, located at 109 S Ennis Street, from the Residential Low Density (RLD) Zoning District to the Town Center Residential (TCR) Zoning District. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item and made the following remarks. The subject property consists of three (3) lots (Lots 15, 16, & 17) from the original E.C. Fish Subdivision - BM1941 PG36, and totals 0.48 acres. It is located in the Town's corporate limits and is currently occupied by a single-story residential home that spans across the three (3) lots. Since these lots are adjacent and under the same ownership, Wake County Tax Department has mapped these lots as one (1) lot per policy. 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) Only Single Family Residential 2) Covered Front Porch 3) Rear Screen Porch 4) Architectural Shingles 5) Front Door with 25% Glazing 6) Brick, Board & Batten, and Siding Elevation 7) Dormers, Shed Roofs, or Dormers, Shutters, Window Grilles, & Window Trim 8) Minimum of 24' Masonry at Base of Front Facade, Garage Doors 9) Crawl Space at least 20" Height 10) Custom Roof Line that is not a Single Mass 11) Two (2) Street Trees on Each Lot 12) Vinyl siding is not permitted; however, vinyl windows, decorative elements and trim are permitted. 13) The two (2) heritage trees (one magnolia and one hardwood) will be preserved with construction of the new homes. Surrounding property is primarily residential of a variety of densities, making up the neighborhoods that begin the transition into downtown. Several office and civic uses are to the north of the property, including but not limited to Fuquay-Varina Middle School and Falcon Park. 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 S Ennis Street. S Ennis Street is classified by the Town's 2035 Community Transportation Plan (CTP) as an 60-foot right-of-way and the cross- section is identified as being a two (2)-lane road with sidewalks with a future carrying capacity of 10,000 ADT. It is currently a two-lane road with sidewalks. As S Ennis Street is not classified as an NCDOT roadway, traffic counts are not available at this time. A neighborhood meeting was held by the petitioner on March 12, 2024, 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. Prior to the regular Planning Board Meeting on April 15, 2024, there was further conversation between staff and the petitioner which resulted in two (2) additional conditions (conditions 12 & 13) being added to the petition. The petitioner provided his verbal consent at the Planning Board meeting and the attached documents have been updated prior to the Town Board decision. During the meeting, Chair Andy Petty brought up the importance of having the petitioner conduct a thorough neighborhood meeting and documenting issues addressing neighbor concerns following the meeting. Following discussion, the Planning Board voted unanimously to recommend approval. Public Hearing – The public hearing was opened. No one spoke in favor or in opposition to the town code amendment. The public hearing was closed. Discussion – Commissioner Adcock stated that there are a couple of trees on the plat and he asked if they are required. Planning Director Davison stated that those two trees were to be preserved but they are not required. Recommendation – Approve REZ-2024-04, a zoning map amendment at 109 South Ennis Street, from the Residential Low Density (RLD) Zoning District to the Town Center Residential (TCR) Zoning District as it is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (4-0) CONSENT AGENDA 8A. Special Event Application, Temporary Extension of Premises, and Amplified Sound Permit Request - VetJam 2024 Purpose – To consider the approval of a special event permit application, temporary extension of premises, and amplified sound permit request for the VetJam 2024 event scheduled for May 18, 2024, as presented and recommended. Recommendation – Approve a Special Event Application, Temporary Extension of Premises Permit, and Amplified Sound Permit for VetJam 2024, scheduled for May 18, 2024 in downtown Fuquay-Varina, as presented and recommended. 8B. Special Event Application and Amplified Sound Permit Request - Fuquay-Varina Chamber of Commerce - 20th Annual Run the Quay - June 01, 2024 Purpose – To consider a Special Event Application and Amplified Sound Permit for the Fuquay- Varina Chamber of Commerce's 20th Annual Run the Quay Event scheduled for Saturday, June 1, 2024. Recommendation – Approve a Special Event Application and Amplified Sound Permit for the Fuquay-Varina Chamber of Commerce's 20th Annual Run the Quay Event scheduled for Saturday, June 1, 2024, as presented and recommended. 8C. Special Event and Amplified Sound Permit Request - Rotary Club of Fuquay-Varina - Flags for Heroes - 5/13/2024 Purpose –The purpose of this agenda item is to consider approval of a special event application and amplified sound permit for the Flags for Heroes event, scheduled for May 13, 2024 through July 13, 2024. Recommendation – Approve the special event application and amplified sound permit request for the Flags for Heroes event scheduled for May 13, 2024 through July 13, 2024, as presented and recommended. 8D. Voluntary Annexation Petition - Phelps West Farms, LLC, 513 Coley Farm Road - PIN 0656371965 - ANX-2024-0 Purpose – To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition and adopt a resolution setting a public hearing for May 21, 2024, following the receipt of a petition for voluntary annexation of property owned by Phelps West Farms, LLC, property containing a total of approximately 56.15 acres. Recommendation – Adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition and adopt the resolution setting the public hearing for a voluntary annexation petition on May 21, 2024, for property owned by Phelps West Farms, LLC - ANX-2024-04 as presented and recommended. Resolution No. 24-1859 Resolution No. 24-1860 8E. Surety/Bond - Saunders Farm Subdivision - Waterline - $266,250 Purpose – To consider a surety request to delay the installation of an off-site waterline located on NC 55 Hwy concerning the Saunders Farm Subdivision to coordinate the timing of the work with the NCDOT NC 55 Hwy Widening Project R-5705 in the amount of $266,250. Recommendation – Approve the underlying agreement and acceptance of a surety for the Saunders Farm Subdivision off-site waterline installation in the amount of $266,250 as presented and recommended subject to Town Attorney review as to form. 8F. Facade Improvement Grant - Original Strength Institute - 212 S. Main Street Purpose – To consider approval of a facade improvement grant funding request and application submitted by Original Strength Institute located at 212 S. Main Street, in an amount up to $5,000. Recommendation – Approve the façade improvement grant funding request and application submitted by Original Strength Institute located at 212 S. Main Street, in an amount up to $5,000 as presented and recommended. 8G. Resolution - Authorization to Accept the Conveyance of Property From NCDOT Purpose – To consider adoption of a resolution that authorizes the Town Manager, or his designee, to accept a donation of property from NCDOT to accommodate the planned intersection improvements at James Slaughter Road and N. Broad Street (Hwy 55). Recommendation – Approve the resolution granting authorization to the Town Manager, or his designee, to take all actions necessary to receive the donation of property as presented and recommended. Resolution No. 24-1861 8H. Construction Agreement - Raleigh and Fayetteville Railroad, LLC and Town of Fuquay-Varina Purpose – To consider approval of an agreement between the Town of Fuquay-Varina and Raleigh and Fayetteville Railroad, LLC for the construction of a new at-grade crossing at the proposed Wallace Adcock Boulevard. Recommendation – Approve the proposed Construction Agreement between Raleigh and Fayetteville Railroad, LLC and the Town of Fuquay-Varina for the construction of a new at-grade crossing at the proposed Wallace Adcock Boulevard, as presented and recommended. 8I. Updated Capital Area Metropolitan Planning Organization (CAMPO) Memorandum of Understanding Purpose – To consider adoption of an updated CAMPO Memorandum of Understanding. Recommendation – Adopt the updated CAMPO Memorandum of Understanding and authorize the Mayor to sign on behalf of the Town as presented and recommended. 8J. Abandonment of Public Right-of-Way - Resolution Declaring the Intent to Close a Portion of Herbert Akins Road - (SC-2024-01) Purpose – To consider a resolution declaring the intent to abandon a public street right-of-way for a portion of Herbert Akins Road, approximately 346 linear feet, following an application submitted by Curry Engineering Group, PLLC. Recommendation – Approve the Resolution declaring the intent to close a portion of Herbert Akins Road (approximately 346 linear feet) an abandoned remainder from its realignment as a T- intersection, as presented and recommended. Resolution No. 24-1862 8K. Budget Amendment - Bishop Photo - Youth Athletic Scholarship Fund Donation - Parks, Recreation and Cultural Resources - $1,075 - BA-24-35 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-24-35 as presented and recommended. A motion was made to approve all Consent Agenda Items 8A- 8K. MOTION Commissioner Haynes SECOND: Mayor Pro-Tem 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 Preliminary Subdivision Plat – Betts Farm Subdivision - SUB-PR-2022-03 Purpose – To consider a preliminary subdivision plat submitted by Peak Engineering & Design, PLLC for the Betts Farm Subdivision located at 513 Coley Farm 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 then provided general information about the agenda item and made the following remarks. The submitted preliminary subdivision, Betts Farm is located at 513 Coley Farm Road, on 52.98 acres in the Residential Medium Density Conditional Zoning District (RMD-CZD). Annexation petition ANX-2024-04 has also been submitted for the property. The following zoning conditions were approved by the Town Board in 2015. Since that time the Town has adopted a new Land Use Plan and revised the Land Development Ordinance for consistency with that plan. As a result, any standard proposed in a condition that is less restrictive than the current LDO would instead be regulated by the updated LDO requirements. In this case, some of the current perimeter landscape buffer requirements are more restrictive than the zoning conditions and therefore applicable to this development. 1. No mobile homes. 2. Access to Coley Farm Road. * 3. Only Open Space Development standards will be used. 4. Stub in access to future Western Parkway. 5. Stub street in Scottsdale Subdivision will be barricaded during development of the Betts/Evans property and no construction traffic will use the stub street as ingress or egress. 6. Perimeter lots proposed abutting Scottsdale Subdivision and Coley Farm Road will be constructed using crawl space construction for the homes only. 7. Transition lot sizes from Scottsdale Subdivision for approximately 250 feet: 9,000 square feet perimeter lot to 7,000 sq ft lot to proposed lot size allowed by requesting zoning. 8. Single-family detached housing on Evans property (PIN 0656-38-9185 & 0656-28-6458). [Since 2015, the properties have been recombined and are now referred to as the Betts property]. 9. Multi-family and/or single-family on Betts property (PIN 0656-37-0333) adjacent to the railroad. [No multi-family development is proposed with this project.] 10. A 15’ opaque landscape buffer will be provided along the property lines abutting the railroad tracks. 11. A 15’ opaque landscape buffer as part of the open space and a 20’ landscape easement as a part of a lot abutting the 15’ opaque buffer will be provided along the property abutting Scottsdale. 12. Provide the Town an alignment for the Western Parkway (120ft ROW) for review and approval. * 13. Lots abutting Scottsdale, lots across the street from those abutting Scottsdale, and any within 250’ of the street connection Scottsdale will be crawl space only. The property which was rezoned in 2015 contained multiple parcels. Access to Coley Farm Road was provided with the development of the Union Station subdivision. The portion of the property that includes the Fuquay-Varina Parkway alignment has been subdivided from the Betts Farm parcel, so this development is not required to dedicate or construct a section of the Fuquay-Varina Parkway. The preliminary subdivision plat proposes 94 single-family lots meeting the standards for open space subdivisions. The minimum lot size permitted is 7,000 square feet. The minimum lot size provided is 7,100 square feet with the average lot size being 8,665 square feet. Following the 18% open space requirement for subdivision developments, a minimum of 9.54 acres of overall open space with 5% or 1.91 acres of activated common green is required. There are 53% or 27.99 acres of overall open space with 3.25 acres of common green provided. Vehicular access to the project area will be provided via continuations of Kafka Drive, Pilsen Drive and Oakshott Drive. Kafka Drive and Pilsen Drive streets are classified as 50' rights-of-way with 2- lane roadway and sidewalks on both sides. Oakshott Drive is classified as a 50' right-of-way with a 2-lane roadway and no sidewalk. All three stub street extensions have a carrying capacity of 10,000 annual average daily trips (AADT), but since they are local streets, no traffic count data is available. Public water and sewer are available to serve the property. The proposed preliminary subdivision plat meets all Town requirements, and management and staff recommend approval. At the April 15, 2024, regular meeting, the Planning Board found the subdivision plat consistent with Town requirements and voted unanimously to recommend approval. Discussion – Commissioner Adcock asked how the Western Parkway will connect to the proposed development. Planning Director Davison stated that the parkway is just west of the proposed development and was subdivided prior to the submittal and it is not part of this development. Recommendation – Recommend approval of the Betts Farm Subdivision plat SUB-PR-2022-03, as presented and recommended. MOTION: Commissioner Harris SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (4-0)  Commissioner Adcock asked to be recused from discussion or action on Item 10B Developer Construction Agreement – FV Retail, LLC and Town of Fuquay-Varina due to personal financial interest. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (3-0) 10B Developer Construction Agreement - FV Retail, LLC and Town of Fuquay-Varina Purpose –To consider an agreement between FV Retail, LLC and the Town of Fuquay-Varina for FV Retail LLC's performance of all responsibilities and paying all costs on behalf of the Town for the construction of a new railroad crossing on the proposed Wallace Adcock Boulevard. Staff Comments – Assistant Town Manager Jim Seymour 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. Part of the infrastructure needed to complete the new Gold Leaf Crossings commercial project is the construction of Wallace Adcock Boulevard, including a new at-grade crossing at railroad mile post 249.05. This new at-grade crossing will consist of a four-lane, median-divided public roadway over the railroad track operated by Raleigh and Fayetteville Railroad, LLC (also known as RJ Corman). The construction of the railroad at-grade crossing also includes a new signal warning system installation and sidepaths. The construction of the new at-grade railroad crossing is expected to commence in conjunction with the Wallace Adcock Boulevard roadway construction. The Town Board of Commissioners is considering approval of a Construction Agreement to construct the new at-grade railroad crossing. The construction agreement between the Town and RJ Corman outlines an allocation of work and responsibilities needed to complete the railroad crossing work. Although the Construction Agreement to build the railroad crossing is between the Town and RJ Corman, the Gold Leaf Crossing developer, FV Retail, LLC, will perform and pay for all work related to the construction of the railroad crossing. FV Retail LLC will work on the railroad crossing in conjunction with the construction of Wallace Adcock Boulevard. The Developer Construction Agreement is intended to outline responsibilities between FV Retail, LLC, and the Town regarding the construction of the railroad improvements. The Town intends to enter into an agreement with RJ Corman to construct the railroad, with FV Retail, LLC performing all responsibilities and making payment on behalf of the Town under the Developer Construction Agreement. Under the terms of the Developer Construction Agreement, FV Retail, LLC will perform and pay all costs related to constructing a new at-grade crossing on the proposed Wallace Adcock Blvd. The total cost to construct the new railroad crossing is $725,533.96. As construction of the railroad crossing occurs and FV Retail, LLC incurs and pays for such improvements, FV Retail, LLC intends to seek reimbursement from the Town for related railroad crossing costs as these costs are considered public infrastructure and qualify for reimbursement to the developer as outlined in the Development Agreement Regarding Infrastructure Construction and Reimbursement Agreement between the Town and FV Retail, LLC dated August 9, 2023. Discussion – Commissioner Harris asked who will pay for the crossing. Assistant Town Manager Jim Seymour stated that the railroad will build the crossing, the developer will pay for the crossing and the Town of Fuquay-Varina will reimburse the developer as part of the economic development incentive agreement that was done back in 2020 and 2023. Town Manager Mitchell stated that the street will become a public street. Recommendation – Approve the proposed Developer Construction Agreement between FV Retail, LLC and the Town of Fuquay-Varina, as presented and recommended. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (3-0) OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the additional following updates: o Inspections – The Inspections Department has promoted Chris Thompson as Commercial Plans Examiner and hired Scott Muscleman as Residential Planner. He thanked Inspection Director Chris Hinnant for his dedication to continue to find a solution to the commercial plan examiner position. o Public Utilities – The Public Utilities Department has promoted Randy Zepa to Wastewater Treatment Plant Operator o Downtown Development – The Town has hired Downtown Manager Christy Famolare who started working today. o Public Works – The Yard Debris Department has a new yard debris form on the website that is working well. o The Police Department and Fire Department has received donations from the Lions Club in the about of $500 each. o Human Resources – The Human Resources Department has been actively out and involved in the recruitment process. They recently attended a Trades Fair at Willow Springs High School. o The Town Employees Spring Picnic will be held this Thursday from 11:30 – 2:00 pm at the Community Center at South Park and there will be a service awards breakfast on May 30 th for employees getting a service award. o Planning Department – Congratulations to Josh Jurius and his wife on the birth of their daughter last week. o Engineering Department. – The Engineering Department has four projects that are getting ready for construction. o Fire Department – The Fire Department has hired four new firefighters and the department is fully staffed. o Communications – The Communications Department will be working with IT Director Scott Clark on refreshing the website. o Economic Development – The Economic Development Department has been working hard on getting the Social District implemented. Staff is hoping to have it implemented by the end of May. o Police Department – The Police Department storage building construction is expected to start on May 20th and will take 6 months to complete. o The Town Hall window replacement project had to be readvertised due to incomplete bids the first time. o The Town will hold a retirement reception for Town Clerk Rose Rich on May 23rd for her 37 years of service. o He stated that himself and Assistant Town Manager Mark Matthews attended the Wake County Municipal Managers luncheon where the opioid settlement plan and fiscal year budget were discussed. o The Town also hosted the Coffee Chat with Triangle Community Coalition and there were several developers that attended the meeting to talk about growth plans and how to continue to work together as the town continues to grow and develop. o The Town is working on an agreement with the Town of Holly Springs on the logistics for the linkage of Austin Ridge Greenway and Bass Lake Park. o The Town has also been in discussion with Wake County Public Schools about the logistics related to wastewater and the opening of Community Center North and their elementary school. o Wake County School plan to shift Fuquay-Varina Elementary to Hilltop Needmore Elementary for a year while renovations are being done to Fuquay-Varina Elementary which will include the internal stacking for vehicles on their site which will be a huge improvement. 11.B Quarterly Report - 3rd Quarter FY 2024 11.C Project Management Dashboard Demonstration - (Clark) IT Director Scott Clark gave a demonstration on how the Town Board will be able to use Smartsheet to find out information on the different projects the Town has going on. 11.D Police Department - Cops on Top - Special Olympics Fundraiser - Friday May 10, 2024 - 7 am - 12 pm - Dunkin Donuts Two Locations 1450 N. Main Street and 8205 Fayetteville Road 11.E FM2FV Concert - The Breakfast Club - Thursday May 16, 2024 - 6:30 pm - 9:30 pm - Centennial Park 11.F Police Department - Special Olympics Fundraiser - Law Enforcement Torch Run - Tuesday May 28, 2024 - 8:00 am - 1:00 pm - Starting at Abbey Road Parking Lot - 711 N. Main Street and Ending at Apex Police Department - 205 Saunders Street BOARD MEMBER COMMENTS Commissioner Harris apologized for not being at the Budget Workshop, but he was attending the NCLM conference, for which he was handing his presidency off to another candidate. He thanked management and Town Board for supporting him on the opportunity to be the NCLM President for the past year. He reported that he really advocated for the Town of Fuquay-Varina, especially on the federal level to make sure that people knew who the Town of Fuquay-Varina is. Commissioner Adcock stated that he appreciates the Town doing the budget video to keep citizens informed of what is being proposed in the upcoming budget. Commissioner Wunsch was absent. Commissioner Haynes congratulated all the college graduates that are in the Town of Fuquay-Varina. He stated that he was excited to see the Teen Council here tonight and for them receiving their charter. He also stated that this is an exciting time with all the events that are going on and coming up. He thanked management and staff for all they do daily to make their jobs as Town Board members easier. Mayor Pro-Tem Gardner congratulated Commissioner Harris on his opportunity to serve as President of the NCLM. She stated that she has enjoyed the spring concert series, and she is excited about the hiring of the new Downtown Manager. She also reported that she attended the En Plein Air Paint Off event this past weekend and it was so much fun. Mayor Massengill thanked staff for their hard work on the budget video to get the proposed budget out to citizens. He reported that Lincoln Heights Elementary celebrated Earth Day and Secretary of Department Environmental Quality Advisor attended their Earth Day event. He attended the First Responders luncheon last week and it was attended well. He reported that the En Plein auction Saturday night exceeded the FVDA’s budget. In two weeks from this Saturday night is Dinner in Downtown and hopes to see everyone there. The following items are Mayor Massengill’s past and future events: Past Events 4/3 – Coffee with a Cop 4/3 – Spek at Youth Leadership Graduation 4/3 – Speak at Herbert Akins Elementary 4/4 – Chamber Ribbon Cutting – Park & State Bookkeeping 4/5 – Police Department Fundraiser Merchandise Sale – McDonald’s 4/7 – Food Truck Rodeo 4/9 – FVDA Boar Meeting 4/10 – Chamber Business Exchange 4/10 – Police Department Friends with Wisdom – The Addison of Fuquay-Varina 4/11 – FM2FV Concert – Embers 4./15 – Wake County Mayors Association Meeting 4/17 – Chamber Board Meeting 4/17 – CAMPO Exec. Board Meeting 4/18 – Chamber Business Afterhours 4/18 – FM2FV Concert – Liquid Pleasure 4/20 – Police Department – Holster and Hoses Chairty Event 4/22 – Budget Workshop 4/25 – FM2FV Concert – Crush 5/1 – First Responders Lunch 5/3 – En Plein Air 5/3 – Chamber Small Business Cookout 5/4 – En Plein Air Auction Upcoming Events 5/8 – Chamber Business Exchange 5/9 – Chamber Ribbon Cutting – Your Smart Office 5/10 – Police Department – Cops on Top – Dunkin Donuts 5/13 – 2024 Education Awards Ceremony 5/14 – FVDA Board Meeting 5/14 – Chamber Ribbon Cutting – Signature Postal 5/15 – Chamber Board Meeting 5/15 – CAMPO Exec. Board Meeting 5/16 – Chamber Business After Hours 5/16 – FM2FV Concert – The Breakfast Club 5/18 – Dinner in Downtown 5/20 – Wake County Mayors Association meeting CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a)(3) - Attorney Client Privilege, 143-318.11 (a)(4) Economic Development, 143-318.11 (a)(5) Contracts, and 143-318.11 (a)(6) Personnel. A motion was made to conduct a closed session meeting at 9:05 p.m. MOTION: Commissioner Adcock SECOND: Commissioner Haynes MOTION RESULT: Passed Unanimously (4-0) RETURN TO OPEN SESSION The Town Board returned to open session at 9:58 p.m. reporting out that the Town Manager’s contract be extended for another year with (i) 3% merit increase in salary, (ii) deferred benefit be added to the contract related to retirement health insurance, and (iii) all other benefits remain the same. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Adcock MOTION RESULT: Passed Unanimously (4-0) ADJOURNMENT A motion was made to adjourn the meeting at 9:58 p.m. MOTION: Commissioner Adcock SECOND: Mayor Pro-Tem Gardner MOTION RESULT: Passed Unanimously (4-0) The minutes from the May 6, 2024, Town Board of Commissioners regularly scheduled meeting are adopted this 21st day of May in the year 2024 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Teresa Wilder, Deputy Town Clerk

Agenda

Board Meeting Agenda Monday, May 06, 2024 7:00 PM Location: Town Hall Board Room Mobile phones are to be turned off or placed on silent/vibrate during the meeting. Please exit the Commission Chambers before using your mobile phone. The agenda is prepared and distributed on Friday preceding the meeting to the Commission and news media. 1. Call to Order 2. Invocation and Pledge of Allegiance 3. Approval of Minutes 3.A Approval of Minutes - April 2, 2024 Town Board of Commissioners Regular Scheduled Meeting 4. Presentations 4.A Willow Spring High School Varsity and JV Cheer Squad - NCCCA State Champions - (Massengill) 4.B Recognition - Teen Council - State Charter Approval - (Poole) 4.C Proclamation - National Public Service Recognition Week - May 5-11, 2024 - (Massengill) 4.D Proclamation - National Police Week - May 12-18, 2024 - (Massengill) 4.E Presentation - FY 25 Operating Budget and Five-Year Operating and Capital Plan - (Mitchell) 5. Public Comment The public is invited to address the Town Board. 6. Items Tabled From Previous Meeting 7. Public Hearing 7.A Zoning Map Amendment & Land Use Plan Amendment - Town of Fuquay-Varina - 303 Branch Street & a portion of 302 Holland Glen Street - PINs 0656885309 & a portion of 0656883254 - REZ-2024-03 - (Davison) FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA MAY 06, 2024 PAGE 2 7.B Zoning Map Amendment - Pulte Home Company, LLC - 5301, 5441, 0, & a portion of 5328 Wade Nash Road - PINs 0657080903, 0657097344, 0647992082, & a portion of 0658001489 - REZ-2023-11 - (Davison) 7.C Zoning Map Amendment - Rudy Upton, RCU, LLC - 109 South Ennis Street - PIN 0666175384 - REZ-2024-04 - (Davison) 8. Consent Agenda 8.A Special Event Application, Temporary Extension of Premises, and Amplified Sound Permit Request - VetJam 2024 - (McNeill) 8.B Special Event Application and Amplified Sound Permit Request - Fuquay-Varina Chamber of Commerce - 20th Annual Run the Quay - June 01, 2024 - (Davison) 8.C Special Event and Amplified Sound Permit Request - Rotary Club of Fuquay-Varina - Flags for Heroes - 5/13/2024 (Davison) 8.D Voluntary Annexation Petition - Phelps West Farms, LLC, 513 Coley Farm Road - PIN 0656371965 - ANX-2024-04 - (Davison) 8.E Surety/Bond - Saunders Farm Subdivision - Waterline - $266,250 - (Davison) 8.F Facade Improvement Grant - Original Strength Institute - 212 S. Main Street - (McNeill) 8.G Resolution - Authorization To Accept The Conveyance of Property From NCDOT - (Poling) 8.H Construction Agreement - Raleigh and Fayetteville Railroad, LLC and Town of Fuquay-Varina - (Seymour) 8.I Updated Capital Area Metropolitan Planning Organization (CAMPO) Memorandum of Understanding - (Stephenson) 8.J Abandonment of Public Right-of-Way - Resolution Declaring the Intent to Close a Portion of Herbert Akins Road - (SC-2024-01) - (Davison) 8.K Budget Amendment - Bishop Photo - Youth Athletic Scholarship Fund Donation - Parks, Recreation and Cultural Resources - $1,075 - BA-24-35 - (Cox) 9. Items Removed From Consent This section is reserved for items removed from the consent agenda for separate consideration. 10. Administrative Reports 10.A Preliminary Subdivision Plat – Betts Farm Subdivision - SUB-PR-2022-03 - (Davison) 10.B Developer Construction Agreement - FV Retail, LLC and Town of Fuquay-Varina - (Seymour) 11. Other Business 2 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA MAY 06, 2024 PAGE 3 11.A Manager's Report 11.B Quarterly Report - 3rd Quarter FY 2024 11.C Project Management Dashboard Demonstration - (Clark) 11.D Police Department - Cops on Top - Special Olympics Fundraiser - Friday May 10, 2024 - 7 am - 12 pm - Dunkin Donuts Two Locations 1450 N. Main Street and 8205 Fayetteville Road 11.E FM2FV Concert - The Breakfast Club - Thursday May 16, 2024 - 6:30 pm - 9:30 pm - Centennial Park 11.F Police Department - Special Olympics Fundraiser - Law Enforcement Torch Run - Tuesday May 28, 2024 - 8:00 am - 1:00 pm - Starting at Abbey Road Parking Lot - 711 N. Main Street and Ending at Apex Police Department - 205 Saunders Street 12. Town Board Member Comments Mayor and Commissioners 13. Closed Session 14. Adjourn IN ACCORDANCE WITH ADA REGULATIONS, PLEASE NOTE THAT ANYONE WHO NEEDS AN ACCOMODATION TO PARTICIPATE IN THE MEETING SHOULD NOTIFY THE TOWN CLERK AT (919) 552-1401 AT LEAST 48 HOURS PRIOR TO THE MEETING. 3

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