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Board of Commissioners

Regular Meeting

Fuquay-Varina, NC · June 3, 2024

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Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting June 3, 2024 J. Blake Massengill, Mayor Marilyn Gardner, Mayor Pro-Tem William H. Harris, Commissioner The Regular Meeting of the Fuquay-Varina Town Bryan Haynes, Commissioner Board scheduled for Monday, June 3, 2024, at Charlie Adcock, Commissioner Jason Wunsch - Commissioner 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 Teresa Wilder, Town Clerk James S. Adcock, III, Town Attorney In attendance were Mayor Blake Massengill, Mayor Pro-Tem Marilyn Gardner, Commissioners William Harris, Bryan Haynes, Charlie Adcock, and Jason Wunsch. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Town Attorney James Adcock, Town Clerk Teresa Wilder, IT Director Scott Clark, and various other department directors. CALL TO ORDER Mayor Massengill called the meeting to order at 7:00 pm. INVOCATION AND PLEDGE Ahmed Ammar, Chairman of the Board of Ainoor Islamic Center provided the invocation, and Commissioner Bryan Haynes 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 May 21, 2024, Town Board of Commissioners Regular Scheduled Meeting minutes. MOTION: Commissioner Adcock SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) OATH OF OFFICE Teresa Wilder was sworn in as Town Clerk by Mayor Massengill. PRESENTATIONS 4A Presentation - Dash More Environmental Stewardship Award Purpose – To present the Town’s Dash More Environmental Stewardship Award to Carolina Gardens - by Del Web led by Litter Sweep Zone Captains Mariah Ripken and Julie Ungaro and the Fuquay-Varina High School’s National Honor Society led by Litter Sweep Zone Captain, Mariana Paulina Linares Gutiérrez. Engineering Director Matt Poling entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information about the agenda item and made the following remarks The Dash More Environmental Stewardship Award is given to individuals or organizations demonstrating active environmental stewardship for Fuquay-Varina. The award recognizes civic contributions to the Town's water resources. To be eligible for the award, individuals/organizations must have made a sincere effort to raise awareness of stormwater pollution and mitigate pollution. The Town has two recipients of this award, both active in the Town's Litter Sweep Program. Through the Stormwater Public Involvement & Participation program, the Litter Sweep Program aims to engage and encourage citizens to take an active role in managing and protecting our community's environmental resources by collecting trash in areas of the community impacted by litter. In addition to the Town's Employee Litter Sweep held every spring, the Town partners with Wake County Big Sweep to provide materials and planning support to citizens who want to organize private litter pickup events. These private litter events often originate from volunteers who want to give back to the community. These individuals, called Zone Captains, recruit other volunteers, plan for the event, provide day-of leadership to enlisted volunteers, and report collected litter. The first recipient of this award is the Carolina Gardens Subdivision by Del Webb. Zone Captains Mariah Ripken and Julie Ungaro performed annual litter sweeps events for the last three years and have collected over 500 lbs. of litter from their neighborhood roadways. We can always count on this group's advocacy. The second recipient of this award goes to the Fuquay-Varina High School's National Honor Society. Zone Captain Mariana Paulina Linares Gutiérrez and teacher sponsor Shelby Cole performed two litter sweep events from Spring 2023 to Spring 2024. Marianna is a long-term stormwater advocate and has participated in five National Honors Society litter sweeps since 2022. The National Honors Society has collected over 700 lbs. of litter from our roadways. Mariana is graduating this year, and the Town of Fuquay-Varina wishes her luck in her future endeavors, as we know she will go far! To become a stormwater advocate like these groups, visit FVStormwater.org to see how to become a Zone Captain. Mayor Massengill thanked everyone for helping keep Fuquay-Varina cleaner and a dash more. 4B Completion of North Carolina Justice Academy Leadership Institute and Leadership Certificate Program Purpose – To recognize Captain Brett Walsh, Lieutenant Richard Conerly, and Lieutenant Daniel Coor for recently completing the North Carolina Justice Academy’s Leadership Institute. Additionally, Lieutenant Richard Conerly is proposed to be recognized for completing the North Carolina Justice Academy’s Leadership Certificate Program. Staff Comments – Acting Police Chief Tim Smith 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. This presentation is to recognize Captain Walsh, Lt. Conerly, and Lt. Coor for successfully completing the NC Justice Academy’s Leadership Institute, and recognize Lt. Conerly for completing the NC Justice Academy’s Leadership Certificate Program. Mayor Massengill thanked them for taking the time to educate and better themselves in their field. PUBLIC COMMENTS 5A No one chose to speak during public comments. ITEMS PREVIOUSLY TABLED 6A Rowan Bilodeal, 6926 Laningham Drive, Willow Springs, NC stated that the planning committee for the Pride Celebration would like to express their appreciation to the Town staff for their work for the 3rd annual Pride Celebration. PUBLIC HEARINGS 7A Abandonment of Public Right-of-Way - Resolution Ordering the Closure of a Portion of Herbert Akins Road - SC-2024-01 Purpose – To consider a resolution ordering the closure of a portion of Herbert Akins Road, approximately 346 linear feet, following an application submitted by Curry Engineering Group, PLLC. 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. Petitioner, Curry Engineering Group, PLLC, has requested to close approximately 346 feet of the right-of-way of Herbert Akins Road, an abandoned remainder from its realignment as a T-intersection. The request is to abandon the right-of-way as the street has been realigned permanently, and the realignment is now open. As required by law, the Town Clerk has informed the public of the Town's intent to close a portion of Herbert Akins Road by publication in the Wake Weekly news once a week for four successive weeks. In addition, the public hearing notice advised the public that a public hearing would be held on June 3, 2024. Further, by certified mail, the Town Clerk advised the abutting property owners of the Town's intent to close a portion of Herbert Akins Road and attached the resolution indicating the June 3, 2024, public hearing date. The public right-of-way is mostly grown in, except for a graveled area used to access the existing sewer utility, which will be removed with future development. No homes or businesses use this section of Herbert Akins Road as ingress or egress. The North Carolina Department of Transportation has been notified of the intention to close the right-of-way and will be notified of the abandonment resolution with the order to close upon approval. In addition, the Wake County Public School System has also confirmed that the street is not part of a bus route. As a result of this abandonment request, if approved, management and staff do not anticipate any impacts on Town services. Further, the closing of the right-of-way is not contrary to the public interest, and no individual owning property in the vicinity of the public right-of-way would be deprived of reasonable means of ingress and egress to their property. Based on the evaluation of the proposed street closing request, management and staff recommend that the Town Board adopt a resolution ordering the closing of a portion of Herbert Akins Road, approximately 346 linear feet, an abandoned remainder from its realignment as a T-intersection. Public Hearing – No one spoke in favor or opposition to the abandonment of public right-of-way. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Adopt the Resolution ordering the closure of 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. 24-1865 MOTION: Commissioner Haynes SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) 7B Zoning Map Amendment - Town of Fuquay-Varina - 1000 Wagstaff Road - PIN 0656113144 - REZ-2024-06 Purpose – To consider a requested zoning map amendment for a total of 16.16 acres, located at 1000 Wagstaff Road, from the Residential Agricultural (RA) Zoning District to the Office & Institutional (O&I) 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 totals 16.16 acres and is located in the Town's extraterritorial jurisdiction. The property is mostly wooded, with a portion of a pond in the rear of the property. The southern portion of the property is developed and serves as Victory Temple Ministries. 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. The O&I district permits development of office uses and institutional uses and the integration of complementary retail uses to serve the office and institutional uses and developments. Victory Temple Ministries is currently operating as a Place of Worship in a residential district under an approved Special Use Permit (BOA-SUP-2020-04). Special Use Permits are required for a Place of Worship in a residential district and restrict the addition of ancillary uses including schools and daycares at the facility. The zoning request was initiated by the Town in compliance with a Settlement Agreement. Since the May 20, 2024, Planning Board meeting, the property owner has submitted the following voluntary conditions: 1. Shall unlock the entrance gate to parking lot not less than sixty (60) minutes before services. 2. Shall comply with the Wake County Firearms Ordinance. 3. Shall comply with the Noise Pollution Ordinance of Wake County. 4. Shall comply with all laws concerning use of fireworks. Surrounding properties are primarily single family residential of a variety of densities as well as some wooded and cleared agricultural land. The 2040 Community Vision Land Use Plan (LUP) calls for the Civic & Institutional (CIV) classification at the subject property. Land classified as CIV supports those developments that serve a public purpose, including, but not limited to, a library, school, church, police station, fire station, recreation centers, public works complex, town hall, or other government - or mission-based service. The requested zoning map amendment is consistent with the 2040 Community Vision Land Use Plan. The property is not currently served by the Town's public utilities. Public water via the Harnett County Water District is available to serve the subject property. Public sewer is not available. The subject property is located along and has access to Wagstaff Road. Wagstaff 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 sidewalk and sidepaths and a future carrying capacity of 11,000 ADT. It is currently a two (2)-lane road with carrying capacity of 9,900 ADT. 2015 NCDOT traffic counts taken approximately 1.5 miles to the east of the property indicated a volume of 2,500 ADT. More recent traffic count data is currently unavailable. The 2035 CTP calls for future alignment of the Fuquay-Varina Parkway running north/south through the subject property. A 120' wide public right-of-way for the future Fuquay-Varina Parkway has been dedicated along the east side of the subject property. A neighborhood meeting was held by the petitioner on April 23, 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. 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 classification of Civic & Institutional. 2. The requested zoning district supports assembly uses such as the existing use of the property. At the May 20, 2024, regular meeting, the Planning Board voted unanimously to recommend denial. The Planning Board's decision was influenced by the lack of zoning conditions offered with the petition, as well as the opposition expressed by the neighbors concerning generated traffic, noise, and impact on environmental features. There was also confirmation that the Special Use Permit process currently applicable to additions and expansions on the property ensures that future development harmoniously fits the character of the primarily residential area. If zoned Office & institutional (O&I), expansions would be submitted directly into the Site Plan review process, and accessory uses, like a school or daycare, that are not currently permissible in a residential zoning district would be permitted by right. In response to concerns raised at the Planning Board meeting, the property owner has submitted voluntary conditions which are listed above. Conditions 2, 3 and 4 reference County and State regulations that the property is currently subject to regardless of zoning designation or if they are approved zoning conditions. Public Hearing – Pastor Djuan Rich, 1000 Wagstaff Road and Attorney Nathaniel Parker, 200 Towne Center Drive, Cary, NC spoke in favor to the zoning map amendment. Norah Bate, 927, Wagstaff Road, Susan Gray, 7540 Troy Stone Drive, Owen Williams, 920 Wagstaff Road, and Ashley Smock, 1009 Wagstaff Road spoke in opposition to the zoning map amendment. The public hearing was closed. Discussion – Mayor Massengill asked Town Attorney James Adcock to speak about the settlement with Victory Temple as to what is required and not required. Town Attorney Adcock stated that Town staff will apply for an amendment of the Town’s zoning map to rezone the parcel from residential agricultural to office and institutional and staff will carry out all the steps required in the rezoning application process including notice neighborhood meetings and recommend approval of the rezoning to the Planning Board and Board of Commissioners. The plaintiff, which is the church, agrees to provide information to the Town Planning staff to assist in the rezoning if the application meets with opposition from third parties and conditions are needed to obtain approval. The Plaintiff agrees to consent reasonable conditions that allow future development to be compatible with the surrounding area and accept the rezoning as satisfactory for purposes of town performance, so Town Staff has recommended approval in accordance with the agreement but to the Planning Board and Town Board with conditions to answer some of the concerns from neighbors. He reported that the Town Board is not bound by the settlement agreement act in any way because the Town Board cannot contract away legislative authority due to board members could change. Mayor Massengill stated that as a legal requirement that staff bring the rezoning to the Town Boad and recommend approval, but the settlement agreement had no legal requirement for the Town Board to vote yes or no on the rezoning. Town Attorney Adcock agreed and stated the Town Board can not legally contract to vote a certain way. Mayor Massengill asked Town Attorney Adcock to speak regarding the conditions that were spoken about with regards to Wake County guidelines and what would change on this rezoning. Town Attorney Adcock stated that this rezoning would give the Town the ability if there was a complaint on any of the conditions that a notice of violation from the Planning Department could be issued. Mayor Massengill asked how the conditions for future development being compatible address the settlement. Town Attorney Adcock stated that this rezoning is consistent with the land use plan. Mayor Massengill asked if there had ever been a unanimous denial recommendation from the Planning Board. Planning Director Davison stated that as long as she has been director, they have not had a unanimous denial. She stated that since the Town was the petitioner in this case no conditions were offered but the Church did submit some conditions between the Planning Board meeting and the Town Board meeting tonight. Mayor Massengill asked about the conditions that are being offered and how do they address the concerns that were brought up at the Planning Board meeting. Planning Director Davison stated that they address traffic, firearms, fireworks and noise in general. Nolan Perry from the Planning Board spoke regarding the Planning Board decision for denial. He reported that there were no conditions submitted and the Planning Board did not feel comfortable given the concerns addressed by the public. Commissioner Adcock asked if the Fuquay-Varina Parkway would come through this property and would they have the ability to tie into another access off Wagstaff Road. Planning Director Davison stated that it would be looked at during the site plan review by engineering. She reported that a site plan usually triggers specific community transportation or traffic impact analysis. Mayor Massengill asked Town Attorney Adcock to speak about road improvements. Town Attorney Adcock stated that the site plan application that the Town Board agreed to was part of the settlement in that for five years after the date of the agreement, the petitioner can submit a site plan for development without triggering the thoroughfare construction and installation requirements for the Fuquay Parkway, but the right of way has been dedicated. Commissioner Adcock asked does the Town have stormwater plans. Engineering Director Matt Poling stated that the Town does have a stormwater plan in place and is triggered when a site plan is submitted. Commissioner Harris stated that he would like to see the Town as a municipality take the approach to partner with organizations of faith and build relationships. Commissioner Adcock asked if this item could be sent back to the Planning Board since conditions have been received since the Planning Board meeting. Town Attorney Adcock stated sending this item back to the Planning Board has never been done and it is not in the Town’s procedure to send it back. Mayor Pro-Tem Gardner stated that her concerns on this rezoning had already been expressed by other Town Board members. Recommendation – Approve REZ-2024-06, a zoning map amendment for 1000 Wagstaff Road, from the Residential Agricultural (RA) Zoning District to the Office & Institutional (O&I) Zoning District 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 Wunsch MOTION RESULTS: Passed Unanimously (4-1) Commissioner Adcock voted in opposition 7C Zoning Map Amendment - Rey Mullens, Building Beyond LLC - 466 Conover Street - PIN 0656791714 - REZ-2023-14 Purpose – To consider a requested zoning map amendment for a total of 0.33 acres, located at 466 Conover Street, from the Residential Medium Density (RMD) 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 four (4) lots (Lots 94, 95, 96, & 97 from the original Lincoln Heights Subdivision - BM1945-79) and totals 0.33 acres. It is located 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 (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 request totals four (4) lots, and as such, a plot plan has been submitted. As the plot plan illustrates, the proposal is to develop two (2)-unit townhomes on the four (4) existing lots resulting in four (4) fee-simple townhome lots. In addition to the following conditions, conceptual elevations of the proposed units have been included in the rezoning package. Since the four lots were subdivided as part of the Lincoln Heights subdivision in 1945, they qualify as Lots of Record and could be developed by right with one single-family detached lot on each lot. The petitioner has requested the following site-specific conditions be made applicable to the subject property: 1) Front door(s) will include partial glass and transom. 2) One (1) ornamental tree will be planted in the front of each unit, Crepe Myrtle or similar. 3) Hardiplank siding will be used. Vinyl may only be used on windows, decorative elements and trim. 4) Future modification and additions to this plot plan are permissible as long as they meet applicable Town Center Residential Development Standards. 5) Each unit will have its own tap and meter. 6) Each unit will have its own sewer tap, which cannot be on the same section of the VCP. 7) Each unit will have a different color front door. Surrounding property is primarily residential of a variety of densities, making up the neighborhoods that begin the transition into downtown. Additionally, Lincoln Heights Elementary School is to the west of the subject property. 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 Conover Street. Conover Street is classified by the Town's 2035 Community Transportation Plan (CTP) as a local street. As Conover Street is a Town maintained road, NCDOT traffic counts are not available. Two (2) neighborhood meetings were held by the petitioner on November 6, 2023 & March 7, 2024, via the Microsoft Teams web application. 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. 4) The proposed Architectural conditions ensure a higher level of development quality. At the May 20, 2024, regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing – Mary Elizabeth Smith, Sullivan Land Surveying, 1143 D Executive Center Drive, Cary spoke in favor of the zoning map amendment. No one spoke in opposition to the zoning map amendment. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2023-14, a zoning map amendment at 466 Conover Street, from the Residential Medium Density (RMD) 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 Harris MOTION RESULTS: Passed Unanimously (5-0) 7D Zoning Map Amendment - Wayne Mauldin, Mauldin-Watkins Surveying, PA - 317 E Vance Street - PIN 0666068894 - REZ-2024-05 Purpose – To consider a requested zoning map amendment for a total of 0.661 acres, located at 317 E Vance Street, from the Residential Medium Density (RMD) 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 totals 0.661 acres and is located in the Town's corporate limits. It is currently vacant with both cleared with tree areas. A creek runs north to south generally on the eastern side of the property. Under the current Residential Medium Density (RMD) zoning, the property could be subdivided into two lots. The density allowance in the RMD district would currently permit one lot to be developed as a duplex and the second lot to be built as a single-family home for a total of three dwelling units. 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. Applying the TCR development standards, which allow for both decreased lot size and setbacks, provides flexibility to shift both structures to the west side of the property in order to reduce impacts to and preserve the existing environmental features on the east side of the parcel. As the plot plan illustrates, the proposal is to develop two (2) duplexes on two (2) proposed lots for a total of four (4) dwelling units. The petitioner has requested the following site-specific conditions be made applicable to the subject property: 1) Front facing garages shall have decorative details such as carriage-style adornments, windows, and/or barn-style doors. 2) Vinyl siding is prohibited, except for windows, decorative elements, and trim. 3) A street tree will be provided in the front yard of each lot. 4) All homes shall have a front door with a minimum of 25% glazing, transom, and/or door sidelights. 5) Lots to be only used for residential purposes. 6) Only a duplex or single-family structures will be allowed. 7) The roof line of duplex buildings cannot be a single mass; it must be broken up horizontally or vertically. End units shall include a minimum roof overhang of 12 inches. 8) All homes will include architectural shingles in a color that compliments the neighborhood. 9) Future modifications and additions to this plot plan are permissible as long as they meet the applicable Town Center Residential developmental standards. Surrounding property is primarily residential of a variety of densities, making up the neighborhoods that begin the transition into downtown. Furthermore, west of the property is Fire Station 1 as well as other office and downtown uses. 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 following LUP policies: 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. LUP Policy 8.1: Provide Mixed Housing & Diversity, incentivizes a variety of dwelling types to provide for a diversity of people in age, income level, culture, and race. 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 E Vance Street. E Vance Street is classified by the Town's 2035 Community Transportation Plan (CTP) as a local street. As a Town maintained road, NCDOT traffic counts are not available. A neighborhood meeting was held by the petitioner on April 18, 2024, at 139 N 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. 4) The requested zoning district supports the creation of a variety of housing types per the 2040 LUP's Policy 8.1: Provide Mixed Housing & Diversity. At the May 20, 2024, regular meeting, the Planning Board voted six (6) to one (1) in favor of recommending approval with Member Nolan Perry being the dissenting vote (due to concerns about stormwater and utilities). Several neighbors spoke in opposition, voicing concerns about the potential for flooding, as well as the proposed housing type and its effect on the character of the existing neighborhood. Engineering Staff confirmed that the proposed lot configuration avoids stream impacts and that the small scale of a two-structure development would be unlikely to impact the existing flooding issues. In regard to the housing type and neighborhood character, staff clarified that a duplex configuration is a currently permitted housing form on a single- family lot and could be built by-right under the existing zoning. Benefits of the rezoning request over development under the current zoning are architectural conditions ensuring a level of quality and flexibility to shift development further away from the existing stream and associated environmental features. Public Hearing – Wayne Mauldin, 139 N. Main Street spoke in favor of the zoning map amendment. Ann Jones, 403 E Vance Street, Brian Jones, 937 Glenmacie Drive, and Emily Holloway, 312 Angier Road, spoke in opposition to the zoning map amendment. The public hearing was closed. Discussion – Commissioner Adcock asked if the current zoning allowed three dwellings. Planning Director Davison stated that because of the lot size it would allow for six dwellings per acre and three units would be allowed. She stated that in the TCR zoning district it would go up to 10 dwellings per acre and eight for townhomes. Commissioner Wunsch asked if the zoning was not changed, would a duplex and a single family home be allowed to be built on the property. Planning Director Davison stated that was correct and the only addition is the additional duplex to replace the single family home on the property. Commissioner Wunsch asked if flooding would be an issue with the one additional duplex as opposed to having a duplex and a single family home. Planning Director Davison stated that the area has a very large floodplain and there was an existing house there before and the footprint of the two are not really that significantly different. Commissioner Adcock asked Mr. Mauldin if there was any consideration to limiting to just three units to the property. Mr. Mauldin stated that there was no consideration of limiting it to just three units to the property. Commissioner Adcock asked what the zoning change would do for the property. Mr. Mauldin stated that it would allow for one extra unit if it will fit but there is a lot of environmental issues that must be resolved before anything can be built. Mayor Massengill asked Engineering Director Matt Poling to speak about the drainage basin on this property. Engineering Director Poling stated that this property has a very old watershed that was in place prior to the Town’s Stormwater Ordinance. Mayor Massengill asked what could be built on the property as it is today. Planning Director Davison stated that it would depend on the soil but the lot is large enough in the RMD zoning district that it could be divided into two lots. The density would be six dwellings per acre on this size lot would only permit a total of three dwelling total. Mayor Massengill asked if the property was not rezoned could a single family unit the same size be built on this property. Planning Director Davison stated that was correct and a single family unit could be built on the property. Mayor Massengill asked if there were any stormwater requirements that would need to be followed. Engineering Director Poling stated there were no stormwater requirements that needed to be followed at this stage. He also stated that the water shed is being studied as part of the CIP development and assessment the Town is currently working on. He reported that the drainage area is really small compared to the overall drainage basin and that development could cover the entire lot and there would not really be that much impact. Mayor Pro-Tem Gardner asked if the flooding would be a problem for the neighbors of the property. Engineering Director Poling stated it would be less magnitude than what would be generated from the overall watershed. Planning Director Davison stated that the same stormwater regulations, whether zoned RMD or TCR would generate the same restrictions and flood studies would apply to the property. Commissioner Haynes stated that a few meetings ago he reported that more of this type of development would be coming to the Town Board for approval, referencing TCR and consideration of conditions. Commissioner Wunsch stated that the way it exists now, a single-family home and a duplex the same size would have the same effect and there was not a difference from the standpoint of flood concerns. Commissioner Adcock asked if the property was not subdivided and left to the TCR district what could be built on the property. Planning Director Davison stated that under the TCR zoning district a variety of things could be built like town homes or multi family homes. Commissioner Adcock asked what the Planning Board vote was on this item. Planning Director Davison stated that it was 6-1. Planning Board member, Nolan Perry stated that he was the one that voted in opposition, and he was concerned about the flooding and the character of the downtown areas. Mayor Massengill asked with the stormwater survey for this area what would be some of the potential recommended outcomes. Engineering Director Poling stated that bigger box culverts under the road is a possible recommendation. The survey is going to be intensive with assessment of cross sections and modeling. Commissioner Harris stated that he is going to go along with the long-term residents, and they are used to a certain quality of life and flooding is an impact to their property. They are long term residents that have been paying taxes. Commissioner Harris made a motion to deny this zoning map amendment. The motion died due to a lack of a second. Commissioner Wunsch made a motion to approve the zoning map amendment as recommended. The motion died due to a lack of a second. Commissioner Adcock asked the petitioner to consider a condition of limiting development to only three total units. Mr. Mauldin stated that the petitioner would be in favor of the condition of three units on the property. Recommendation – Approve REZ-2024-05, a zoning map amendment at 317 E Vance Street, from the Residential Medium Density (RMD) 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 with the conditions of a maximum of three dwelling units on the property. MOTION: Commissioner Adcock SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (4-1) Commissioner Harris voted in opposition to the item. 7E Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #27 - CTA-2024-02 Purpose – To consider a proposed text amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, Amendment #27 that adopts & implements the Neuse Stormwater Rules. Staff Comments – Engineering Director Matt Poling entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information about the agenda item and made the following remarks. In April 2020, the Town was added to the new Neuse Stormwater Rules adopted by the North Carolina Department of Environmental Quality - Environmental Management Commission. The Environmental Management Commission is a 15-member commission appointed by the Governor, the Senate Pro Tempore, the Speaker of the House and Commissioner of Agriculture. The Commission is responsible for adopting rules for the protection, preservation, and enhancement of the state's air and water resources. One of the requirements for newly added local governments is the development of a local program to implement the new rules by July 1, 2024. Current stormwater standards in the LDO apply only to the Town’s corporate limits. Neuse Stormwater Rules will include a modification and expansion of stormwater requirements into the ETJ. The Town’s Neuse Stormwater Ordinance for New Development (Section 9-1405 of the LDO as proposed to be amended) utilizes the model ordinance provided by NCDEQ. This ordinance must be integrated into the LDO development standards by July 1, 2024. The most significant LDO revisions to development standards will include: • New nutrient loading requirements and runoff volume matching for development • Lower disturbance thresholds for commercial development • Expansion of the Post-Construction Stormwater Program into the ETJ • Expansion of the IDDE Program into the ETJ • Expansion of the Public Education and Outreach Program into the ETJ Management and staff recommend approval of the proposed town code amendment. It is reasonable and, in the public's best interest, as it improves upon the Town's ability to provide comprehensive stormwater management. At the May 20, 2024, regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing – David Knox, 419 Stranraer Court Cour and Elizabeth Parent, 904 Oldwyck Drive spoke in favor of the town code amendment. No one spoke in opposition to the town code amendment. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve CTA-2024-02 Amendment #27, an amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, as presented and recommended by staff. The text amendment improves upon the Land Development Ordinance, and is reasonable and in the best interest of the public for the reasons identified by management and staff. Ordinance No. M-24-03 MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) 7F Economic Development Incentive Agreement, Budget Amendment (BA-24-42), and Project Ordinance Amendment (POA-24-20) - Aviator Brewing Company Inc. Relocation/Expansion Project - $253,250,000 Purpose – To consider the approval of a Budget Amendment (BA-24-42), Project Ordinance Amendment (POA 24-20), and an Economic Development Incentive Agreement in an amount of up to $253,250 for the relocation/expansion of Aviator Brewing Company, Inc.'s manufacturing and distribution facility from 209 Technology Park Lane to 609 North Street in Fuquay-Varina. Staff Comments – Economic Development Director Tiffany McNeill 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. In November 2017, the Town Board of Commissioners approved a Local Incentive Agreement with Aviator Brewing Company, Inc. for up to $203,250.00. This agreement required the company to invest a minimum of $4,065,000 in new capital improvements and relocate/expand its manufacturing and distribution facility from 209 Technology Park Lane to 609 North Street by June 30, 2019. Additionally, the agreement stipulated adding 75 new full-time and part-time employee positions by January 1, 2022. Unfortunately, due to unexpected architectural, engineering, and construction delays, along with the COVID-19 pandemic, the original agreement was amended multiple times to extend the project's timeframes. When construction commenced in 2023, the project encountered an additional setback in Spring 2024 due to unforeseen issues with utility infrastructure. Consequently, Aviator Brewing is requesting an additional $50,000 in incentive funding to cover the cost of the unforeseen stormwater line that was not shown on the developer's existing conditions plan and was not identified by Town staff. In November 2017, the Town Board approved an economic development incentive for Aviator Brewing Company, Inc. for up to $203,250. The proposed incentive funding agreement will require Aviator Brewing Company, Inc. to make a minimum capital investment at the project site of $4,065,000.00 no later than April 30, 2025, and hire a minimum of 75 new full-time and part-time employees by April 30, 2028. When construction commenced in 2023, the project encountered an additional setback in Spring 2024 due to unforeseen issues with utility infrastructure. Consequently, Aviator Brewing is requesting an additional $50,000 in incentive funding to cover the cost of the unforeseen stormwater line that was not shown on the developer's existing conditions plan and could not be identified by Town staff. This public hearing has been advertised according to Economic Development - NC General Statutes requirements. Public Hearing – Mark Doble, Aviator Brewing Company, 600 Board Street spoke in favor of the Economic Development Incentive Agreement. No one spoke in opposition to the Economic Development Incentive Agreement. The public hearing was closed. Discussion – Mayor Massengill thank Mr. Doble for investing in Fuquay-Varina. Recommendation – Approve Budget Amendment (BA-24-42), Project Ordinance Amendment (POA -24-20), and Authorize the Town Manager to execute and administer an Economic Development Incentive Agreement in an amount of up to $253,250 for the proposed Aviator Brewing Company, Inc. manufacturing and distribution facility expansion project as presented and recommended. Ordinance No. N-24-15 MOTION: Commissioner Haynes SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8A. Special Event, Amplified Sound, and Parade Permit Request - Pride Celebration and Parade - June 15, 2024 Purpose – To consider approval of a Special Event, Amplified Sound, and Parade Permit for the Pride Celebration and Parade scheduled for June 15, 2024. Recommendation – Approve the Special Event, Amplified Sound, and Parade Permit for the Pride Celebration and Parade scheduled for Saturday, June 15, 2024, as presented and recommended. 8B. Special Event Application, Temporary Extension of Premises, and Amplified Sound Permit - Fainting Goat Brewery - 5 Band - Saturday, June 29, 2024 Purpose – Fainting Goat Brewery requests approval of a special event application, temporary extension of premises, and amplified sound permit request for the 5 Band live event at their location scheduled for Saturday, June 29, 2024. Recommendation – Approve the special event, temporary extension of premises, and amplified sound permit request for the 5 Band live event at Fainting Goat Brewery scheduled for Saturday, June 29, 2024, as presented and recommended Ordinance No. 24-17 8C. Budget Amendment (BA-24-38) and Project Ordinance Amendment (POA-24-19) - Year End Adjustments Purpose –To approve a budget amendment to reallocate funds for expected expenditures for the fiscal year 2023-24 and a project ordinance amendment to appropriate the State Appropriation for a Fire Engine which reduces the amount of borrowing for the 4 Fire Engines. Recommendation – Approve the attached budget amendment as presented and recommended. 8D. Budget Amendment - Fire Department - Recognize Donations - Lion's Club, Fuquay- Varina Junior Women's Club, and Other Sources - Citizens Fire Academy and Equipment Purpose – To consider a budget amendment that recognizes department donations throughout the year and recent donations from the Fuquay-Varina Jr. Women's Club and the Fuquay-Varina Lions Club to the Fuquay-Varina Fire Department. Recommendation – Approve budget amendment BA-24-39 as presented and recommended. 8E. Budget Amendment - Recognizing Insurance Proceeds - Parks, Recreation and Cultural Resources - $12,589 - BA-24-40 Purpose – The purpose of this agenda item is to consider a budget amendment that recognizes insurance proceeds from the NC League of Municipalities Interlocal Risk Financing Fund for repairs to Parks, Recreation and Cultural Resources equipment. Recommendation – Approve Budget Amendment BA-24-40 as presented and recommended. 8F. Budget Amendment - Grant Funding - Summer Intern - Arts Center Purpose – To consider approval of a budget amendment recognizing funds from the United Arts Council in the amount of $4,500 in support of a summer intern for the Arts Center. Recommendation – Approve the Budget Amendment (BA-24-41) to recognize grant proceeds from the Untied Arts Council as presented and recommended. 8G. Budget Amendment - Walmart - Special Olympics - Police Department - BA-24-43- $5,000 Purpose – To recognize funds from a Walmart donation in the amount of $5,000 in support of the Fuquay Varina Police Department's Special Olympics Program. Recommendation – Approve Budget Amendment BA-24-43 as presented and recommended. A motion was made to approve all Consent Agenda Items 8A- 8G. MOTION Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A FY 2024 - 2025 Operating Budget and Five-Year Operating and Capital Plan Purpose – To consider adoption of the FY 2024 - 2025 Operating Budget Ordinance, Fee Schedule, and Five-Year Operating and Capital Plan for the Town of Fuquay-Varina. Staff Comments – Town Manager Adam Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. On April 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. During the May 6, 2024, Town Board meeting, Town Management formally provided a presentation of the Town's proposed FY 2024 - 2025 Operating and Five-Year Capital Plan. During this meeting Board members suggested a number of changes to the FY 2024 - 2025 budget. Following presentation of the recommended budget, the Town solicited and received public comments through Let's Talk FV through May 21, 2024. During the May 21, 2024, Town Board meeting, the Town held the statutorily required public hearing. In response to the Board's request, Management provided a presentation of two options for the Town's proposed FY 2024 - 2025 Operating and Five-Year Capital Plan. For consideration, along with this agenda abstract, is the FY 2024 - 2025 Proposed Operating Budget, which includes the Budget Ordinances for Option A and Option B, and the Fee Schedule, which does not depend on the budget option chosen. Management recommends the Town Board adopt one of the FY 2024 - 2025 Operating Budget options; specifically, Option B (the budget proposal with a 35.8-cent tax rate), should the Board wish to take a need over wants approach. The adopted budget document with supporting materials will be made available as soon as possible at www.fuquay-varina.org/budget. The Town Board is required by statute to adopt a balanced budget by June 30, 2024. Option A FY 2025 General Fund Budget totals $78,023,462. The budget proposes a property tax rate of 36.8 cents for every $100 in assessed value. This includes a 5 cent property tax rate increase above the revenue neutral rate of 31.8 cents: 2 cents, included in the 5 Year Plan are needed to offset the debt service expense related to the 2021 Transportation Bonds, 1 cent is needed to offset the debt service related to the Public Service Center Expansion project, 1 cent is needed to offset the debt service related to the purchase of land for future recreation fields and facilities, and 1 cent is requested to support annual Town Improvement Projects . 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 collections 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 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 bringing the Water System Development Fee to $4,121 and the Sewer System Development Fee to $4,525, based 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 were revisited after final bids for the Sanford Water Treatment Facility Expansion were opened. An updated System Development Fee analysis report has been posted; a public hearing scheduled with a goal of adopting final System Development Fee recommendations in July 2024. The full Fee Schedule is provided with greater detail. The Five-Year Operating and Capital Plan are balanced. The Five-Year Plan does not identify a need for any further tax rate increases in the 5 Year Plan. The plan includes the addition of personnel, capital equipment, and capital projects to match the pace of growth and is consistent with the direction set by the Town Board at the Strategic Planning Retreat and the Town's 2021-2025 Strategic Plan. The Five-Year Plan also takes into consideration recommendations from various Town master plans and studies. Additionally, the Five-Year Plan anticipates the need for water and sewer volumetric rate increases every year to offset the anticipated supplier increases and to cover the debt service required for additional water capacity for system users, consistent with the utility rate study. At the May 6, 2024 meeting, the Board requested that the Town Manager provide an Alternate Budget Recommendation Option B that considers needs over wants. The changes in the Option B Budget Recommendation pertain to the General Operating Fund. The Alternate General Fund budget totals $77.5M with a proposed tax rate of 35.8 cents per $100 of assessed value. There are two major changes; the removal of the one cent of tax rate related to annual Town Improvement projects and the funding of the repairs to the Hilltop Needmore Town Park and Preserve trails at $440,000, not $1.5M, through a cash transfer from the General Fund, not through loan financing. As two of the four cents are related to debt service that will not commence until FY 2026, there will be a one-time opportunity to fund capital projects in FY 2025. The projects that could be supported are: HNTPP Trail Repairs ($440k), Crosswalk Beacons (6) ($360,000), Ennis Street Sidewalk ($500,000), and Library Park Improvements ($1M). Discussion – Mayor Massengill thanked management and staff for all their hard work in preparing the budget. Commissioner Haynes thanked management and finance for all the time that went into preparing the budget. Recommendation – Adopt Option B of the FY 2024 - 2025 Operating Budget, to include the associated Budget Ordinance, Fee Schedule, and Five-Year Operating and Capital Plan as presented and recommended. Ordinance No. N-24-16 MOTION: Commissioner Haynes SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) 10B Order to Levy and Collect Taxes - Wake County Purpose – To consider a resolution authorizing Wake County to levy and collect the real and personal property taxes on behalf of the Town of Fuquay-Varina for the FY 2024- 2025 budget year. Staff Comments – Finance Director JoAnne Crabtree entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided information about the agenda item by making the following remarks. Wake County has historically collected the property tax for the Town of Fuquay-Varina in a very efficient and effective manner and has one of the highest collection rates in the State. This relationship has proved beneficial to the Town, County, and property owners, as there are significant efficiencies in including all tax levies on one bill. Management and staff recommend that the Town continue this relationship and adopt the proposed resolution. The recommended FY 2024-2025 budget incorporates funds to pay Wake County collections fees for Real and Personal property collections, excluding motor vehicles. This fee is a 0.75% fee on total collections and the most cost effective method of billing and collection for the Town. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Adopt the resolution authorizing the Wake County Tax Administrator to levy and collect real and personal property taxes on behalf of the Town of Fuquay-Varina for the FY 2024-2025 budget year. Resolution No. 24-1865 MOTION: Commissioner Wunsch SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) 10C Fiscal Policy Revision - Utility Fund Purpose – To update the fiscal policy guidelines to include additional fiscal measures for the Water & Sewer enterprise fund, investment management guidance, and internal control directives for Board Members, Town Management and staff. Staff Comments – Finance Director JoAnne Crabtree entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided information about the agenda item by making the following remarks. Over the past decade the Town of Fuquay-Varina has doubled in population and exponentially increased in assessed value. The growth has increased the demand for services from the Town and infrastructure required to facilitate citizen's needs. With growth comes additional fiscal responsibilities and accountability to all stakeholders of the Town. In order to set the tone for fiscal responsibility, fiscal policies are needed to ensure current and future Town Boards & Management have guidelines and goals to guide the financial management of the Town. It directs attention to the future financial planning and fiscal responsibility to citizens and investors in Fuquay-Varina. A fiscal policy for the General Fund was previously adopted by the Board on May 3, 2010. Over time, the need for additional organization-wide directives for investment management and internal controls, plus fiscal measures for the Water and Sewer enterprise fund have become important to the overall fiscal health of the Town. Water and Sewer Debt Coverage of 1.5x and a minimum cash reserve of 100% of operating expenditures were added to the fiscal policy to guide future Town Boards and Management to manage capital planning, utility rate forecasting, and rate setting. Internal Control Directives were added to ensure procedures are implemented to provide reasonable assurance of the safeguarding of assets, reliability of financial reporting, and compliance to rules and regulations. As the Town has grown, cash flow and management directives are increasingly important to ensure safeguarding Town funds and facilitating cash flow forecasting and investing and have also been added. Also included in the Fiscal Policy, is a glossary of Governmental Budget Terms. This will aid in understanding and foster fiscally sound decision making. While updating the fiscal policies, it is also important to be reminded of the importance of the Code of Ethics for Governing Boards as required by NCGS 160A-86, GFOA Code of Ethics for Governmental Finance Officers, and the Conflict-of-Interest Policy as adopted by the Town Board on February 7, 2022. The role held by the Town Board, Town Management, Directors, and staff as public servants over citizen's share of financial resources is essential to the safety, livability and vitality of the Town. The ethic policies, along with the fiscal policies, set clear objectives and expectations of fiscal responsibility now and for the future. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve the attached Fiscal Policy Guidelines as presented and recommended. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the additional following updates: o Public Utilities – The Sanford WFF Contract #1 opened bids Friday and they came in almost $18-million lower than the two that were rejected. Noah Scott started today as our Project Engineer. o Engineering Department - The SW Judd resurfacing project will begin construction the week of June 17th. The following Projects are being advertised and will be brought to the Town Board for award: 1) Whitted Road Roundabout (June 18th), 2) SE Judd/Angier Road Intersection Improvements (July 18th). James Slaughter Road/NC-55 Intersection Improvements and SE Judd Pkwy Sidewalk Project. o Planning Department - Allison Wylie passed her AICP exam last week and is submitting the documentation to become a certified planner. The Planner I position is still open and staff is working on filling this position. o Downtown – The Social District has thus far been successful with no public safety issues and downtown businesses have expressed appreciation for it being open. o Inspection Department – The Inspection Department issued 101 New Single-Family Permits for the month of May. o Public Works – The Public Works Department has hired Elijah Dennis in the Debris Department as a debris collector. o Fire Department - The Fire Department has hired Kendra Denton as the new Office Support Specialist for Station No. 4. Austin Stephenson recently qualified for a Career Ladder promotion from Firefighter to Firefighter II. Battalion Chief Garland Johnston recently completed coursework to receive his NC Fire Officer III certification. The Fire Department is having multi-company drills at the soon to be demolished residence on South Ennis Street with valuable training being received. o Arts Center – The Arts Center has hired an intern, Elizabeth Njoroge and will be helping with a variety of projects to include a cultural asset inventory. The summer months are being filled with rentals and classes. Tickets for the new theatre season will be available in July. o Parks and Recreation – The Parks and Recreation Fall Youth Athletic registration is now open for residents. Residents should register early as capacity is limited. Non- resident registration will open June 17, 2024 space permitting. Summer camp starts next week at the Community Center, all eight weeks are at capacity. o Human Resources – The Human Resources Department and Chris Grimes will be attending the LOGO Career Expo this Saturday, June 8th at NC Sate McKimmon Center from 1:00-4:00 pm. Thirty local governments will be participating, and Human Resources Director Wendy Moody will be leading a breakout session on the Benefits of Work in Local Government. There are over 1,400 participants registered to attend. Open enrollment has already started and the last day for changes to employee benefits is June 7th. Safety & Risk Manager David Taylor will be training the Summer Camp Counselors CPR/AED tomorrow. He will offer additional CPR/AED training for all departments after July 1st. The goal is to have several employees in each department trained in the next fiscal year. o Employee Service Award Breakfast was held last Thursday, May 30th and he thanked the Town Board for their support of the Town Employees. o Congressman Wiley Nickel presented the Town with a check for $957,000 for the 1MG elevated storage tank for better water pressure and system integrity. 11.B Financial Quarterly Report - 3rd Quarter FY 2024 11.C Police Department - Bowling 4 the Gold Flame - Fundraiser Special Olympics - Saturday June 15, 2024 - Registration 10:00 am - Bowling 11:00 am - 3:00 pm - Buffalo Lanes - 6701 Fayetteville Road, Raleigh, NC 11.D Independence Day Celebration - South Park - Monday July 1, 2024 - Gates Open at 6:00 pm 11.E Coffee with a Cop - Meridian at Broad Apartments - 7000 Meridian Market Drive - Wednesday July 3, 2024 - 9:00 am - 10:30 am 11.F July Town Board Meeting - Monday July 8, 2024 - 7:00 pm - No meeting on July 1, 2024 or July 16, 2024 BOARD MEMBER COMMENTS Commissioner Harris stated he had no comments. Commissioner Adcock stated that tonight’s meeting was a good meeting with lots of items and the budget was also approved. He stated that the Town Board can work as a team and come to a consensus on different items, which he appreciates. Commissioner Wunsch echoed what Commissioner Haynes stated about all the hard work that has gone into this budget to unanimously pass for the good of the Town and the residents. Commissioner Haynes thanked everyone who played a part in the Retirement Reception for Town Clerk Rose Rich, and it was a great celebration. He attended a ceremony where high school students going into the military and civic services were recognized. He reported that he enjoyed the Flags with Heros event. Mayor Pro-Tem Gardner stated she appreciates all the work that was done on the budget. She reported that the Chamber’s Run the Quay was this past Saturday, and it was a huge success that attracted a lot of runners to the Town. Mayor Massengill stated that Congressman Wiley Nickel presented the Town a check for $957,000 for the 1MG elevated water storage tank. He thanked Congressman Nickel for all his hard work in getting the Town of Fuquay-Varina this grant money. He stated that he participated in the Police Department Torch Run last Wednesday and the Chamber’s Run the Quay this past Saturday with over 2,000 runners. He thanked the staff who helped with these two events. He reported that the Employee Recognition Breakfast was a great event. He stated that he took a tour of the Community Center North with Director Cox and the project is on schedule to be completed in early 2025. The following items are Mayor Massengill’s past and future events: Past Events 5/23 – FV Chamber Ribbon Cutting – Coastal Cool 5/28 – Police Department – Law Enforcement Torch Run 5/30 – Employee Service Award Recognition Breakfast 6/1 – FV Chamber – Run the Quay 6/3 – Congressman Wiley Nickell – Grant Check 5/4 – En Plein Air Auction Upcoming Events 6/5 – Chamber Board Meeting 6/5 – Coffee with a Cop 6/6 – Panelist for Small Town Chat Event 6/7 – Chamber Ribbon Cutting – Dupre’s Coffee 6/11 – FVDA Board Meeting 6/11 – Chamber Ribbon Cutting – Southern Dash 6//11 – Speak at ALA Tarheel Girls 6/12 – Chamber Business Exchange 6/13 – Chamber Ribbon Cutting Fiesta Time 6/14 – FVHS Graduation 6/14 – Willow Spring High School Graduation 6/15 – Police Department Fundraiser – Bowling 4 the Gold Flame 6/18 – Groundbreaking Ceremony – Bowling Road Elementary CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a)(3) - Attorney Client Privilege and 143-318.11 (a)(5) - Contract Negotiation Real Estate A motion was made to conduct a closed session meeting at 9:40 p.m. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) RETURN TO OPEN SESSION The Town Board returned to Open Session at 10:00 p.m. Town Attorney James Adcock reported that a settlement in the amount of an additional $34,420.10 is to be paid to Tom and Marilyn Tate and a settlement in the amount of additional $650 is to be paid to Carriage Heights Homeowners Association following Town Board approval. MOTION: Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) ADJOURNMENT A motion was made to adjourn the meeting at 10:01 p.m. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Adcock MOTION RESULT: Passed Unanimously (5-0) The minutes from the June 3, 2024, Town Board of Commissioners regularly scheduled meeting are adopted this 18th day of June in the year 2024 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Teresa Wilder, Town Clerk

Agenda

Board Meeting Agenda Monday, June 03, 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 - May 21, 2024 Town Board of Commissioners Regular Scheduled Meeting 4. Presentations 4.A Presentation - Dash More Environmental Stewardship Award - (Massengill/J. Mitchell/Poling) 4.B Completion of North Carolina Justice Academy Leadership Institute and Leadership Certificate Program - (Smith) 5. Public Comment The public is invited to address the Town Board. 6. Items Tabled From Previous Meeting 7. Public Hearing 7.A Abandonment of Public Right-of-Way - Resolution Ordering the Closure of a Portion of Herbert Akins Road - SC-2024-01 - (Davison) 7.B Zoning Map Amendment - Town of Fuquay-Varina - 1000 Wagstaff Road - PIN 0656113144 - REZ-2024-06 - (Davison) 7.C Zoning Map Amendment - Rey Mullens, Building Beyond LLC - 466 Conover Street - PIN 0656791714 - REZ-2023-14 - (Davison) 7.D Zoning Map Amendment - Wayne Mauldin, Mauldin-Watkins Surveying, PA - 317 E Vance Street - PIN 0666068894 - REZ-2024-05 - (Davison) FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA JUNE 03, 2024 PAGE 2 7.E Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #27 - CTA-2024-02 - (Poling) 7.F Economic Development Incentive Agreement, Budget Amendment (BA-24-42), and Project Ordinance Amendment (POA-24-20) - Aviator Brewing Company Inc. Relocation/Expansion Project $253,250,000 - (McNeill) 8. Consent Agenda 8.A Special Event, Amplified Sound, and Parade Permit Request - Pride Celebration and Parade - June 15, 2024 - (Davison) 8.B Special Event Application, Temporary Extension of Premises, and Amplified Sound Permit - Fainting Goat Brewery - 5 Band - Saturday, June 29, 2024 - (McNeill) 8.C Budget Amendment (BA-24-38) and Project Ordinance Amendment (POA-24-19) - Year End Adjustments - (Crabtree) 8.D Budget Amendment - Fire Department - Recognize Donations - Lion's Club, Fuquay-Varina Junior Women's Club, and Other Sources - Citizens Fire Academy and Equipment - (Jones/Crabtree) 8.E Budget Amendment - Recognizing Insurance Proceeds - Parks, Recreation and Cultural Resources - $12,589 - BA-24-40 - (Cox/Crabtree) 8.F Budget Amendment - Grant Funding - Summer Intern - Arts Center - (Daly/Crabtree) 8.G Budget Amendment - Walmart - Special Olympics - Police Department - BA-24-43- $5,000 - (Smith/Crabtree) 9. Items Removed From Consent This section is reserved for items removed from the consent agenda for separate consideration. 10. Administrative Reports 10.A FY 2024 - 2025 Operating Budget and Five-Year Operating and Capital Plan - (Mitchell) 10.B Order to Levy and Collect Taxes - Wake County - (Crabtree) 10.C Fiscal Policy Revision - Utility Fund - (Crabtree) 11. Other Business 11.A Manager's Report 11.B Financial Quarterly Report - 3rd Quarter FY 2024 11.C Police Department - Bowling 4 the Gold Flame - Fundraiser Special Olympics - Saturday June 15, 2024 - Registration 10:00 am - Bowling 11:00 am - 3:00 pm - Buffalo Lanes - 6701 Fayetteville Road, Raleigh, NC 2 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA JUNE 03, 2024 PAGE 3 11.D Independence Day Celebration - South Park - Monday July 1, 2024 - Gates Open at 6:00 pm 11.E Coffee with a Cop - Meridian at Broad Apartments - 7000 Meridian Market Drive - Wednesday July 3, 2024 - 9:00 am - 10:30 am 11.F July Town Board Meeting - Monday July 8, 2024 - 7:00 pm - No meeting on July 1, 2024 or July 16, 2024 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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