Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting November 19, 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 Tuesday, November 19, Charlie Adcock, Commissioner Jason Wunsch - Commissioner 2024, at 7:00 p.m. was held at the Fuquay-Varina Adam G. Mitchell, Town Manager Mark D. Matthews, Assistant Town Manager Town 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 7:01 pm. INVOCATION AND PLEDGE Public Works Director Tracy Stephenson provided the invocation, Finance Director JoAnne Crabtree led the Pledge of Allegiance. Mayor Massengill recognized that tonight was Finance Director JoAnne Crabtree’s last Town Board meeting before she retires. He stated that she started with the Town in May of 2019 and that there is an audit presentation later tonight and that the Town continues to be a top fiscal community with great transparency of finances and that is all due to Finance Director Crabtree and her staff. He thanked her for all she has done for the Town of Fuquay-Varina and wished her well in her retirement and spending time with her family. 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 Page. APPROVAL OF MINUTES 3A The October 22, 2024, Town Board of Commissioners Regular Scheduled Meeting. MOTION: Commissioner Adcock SECOND: Mayor Pro-Tem Massengill MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Proclamation - Small Business Saturday - November 30, 2024 Purpose – For Mayor Massengill to present a proclamation recognizing Small Business Saturday in Fuquay-Varina on Saturday, November 30, 2024. Small Business Saturday was founded in 2010 and officially cosponsored by the Small Business Administration since 2011. It is an important part of small businesses’ busiest  shopping season. This proclamation recognizes and celebrates our local businesses and the contributions they make to our local economy and community and encourages the community to shop locally on Saturday, November 30, 2024. Mayor Massengill asked that all citizens shop local and support the Town’s small businesses here in Fuquay-Varina. He then read the Small Business Saturday Proclamation. 4B Presentation - Lieutenant Daniel Coor - NCJA Leadership Certificate Program Purpose – To recognize Lieutenant Daniel Coor for having successfully completed the NC Justice Academy Leadership Certification Program. Staff Comments – Police Chief Tim Smith provided general information about the agenda item and made the following remarks. Lieutenant Daniel Coor is being recognized for completing the North Carolina Justice Academy’s Leadership Certificate Program. To successfully complete the North Carolina Justice Academy’s Leadership Certificate Program, the participant must complete 400 hours of leadership-based training with the NCJA Leadership Institute serving as the primary core requirement. The goal of the Leadership Certificate Program is to prepare criminal justice leaders to serve as criminal justice executives. This program is provided at no cost to the agency. Mayor Massengill expressed his gratitude to Lieutenant Coor for investing in his professional development through this leadership certificate program, which he hopes  will enhance Lieutenant Coor skills and positively impact the Town by strengthening the Police Department and serving the citizens more effectively. 4C Annual Comprehensive Financial Report (ACFR) – Fiscal Year Ending June 30, 2024 Purpose – To receive a presentation from April Adams with Cherry Bekaert, LLP on the results of the FY 2023-2024 financial audit. As is customary, the Town recently completed review of its annual financial statements by its auditor, Cherry Bekaert, LLP. The board will receive a copy of the Town's Annual Comprehensive Financial Report (prepared by staff) and will hear comments from the Town's auditor on the findings from the FY 2023-2024 audit. FY Summary - Governmental Funds: General Fund added $10 million to Fund Balance of which 9 million was appropriated in the FY 2024-25 budget. Unassigned fund balance as a % of expenditures was 62.5% at year end. Capital projects decreased by $18 million due to the completion of Fire Station #4 and construction of the Hilltop Needmore Town Park Community Center. FY Summary - Business Type Funds: Revenue Bonds were issued for $65.2 million for the Southern Oaks Sewer Outfall Project and the Harnett County Regional Wastewater Expansion. W&S operations increased cash by $15.2 million placing the Town in a better position to cover the debt service requirements in the coming years. All Fiscal Policy ratios were within guidelines and Revenue Bond Covenants were also met. April Adams with Cherry Bekaert, LLP gave a PowerPoint presentation on the FY 2023- 2024 financial audit. She stated that the audit resulted in a clean opinion and that is the highest level of assurance that an accounting firm can give on financial statements that they are free from material misstatement. Mayor Massengill thanked her for the information provided. He stated that the most important thing the Town Board does is to manage taxpayers’ money and that is what this audit is doing. He reported that this audit in not just an annual financial report but a comprehensive financial report which is a step further in transparency for the citizens, so this goes a step above what is required by law. April Adams concurred with the mayor’s statement that this audit includes additional information such as the transmittal letter and a statistical section, which is not required by state statute. Mayor Massengill stated that in the statistical report, the ratio percentages were greatly exceeded and that the fund balance is the highest it has ever been. April Adam stated that was correct. Finance Director Crabtree stated that is one of the reasons to have the statistical report to be able to see a 10-year comparison and see the growth in the trends. Commissioner Adcock asked how many audits April Adams performs. Mrs. Adams stated that she does about 35 audits annually, both municipal and county. Town Manager Mitchell stated that the unassigned fund balance in the General Fund is at approximately 62.5% of the annual operating expenditures. He reported that the Town is very sound, financially stable, and a healthy community. He stated that this gives the Town opportunities to make investments in services, public infrastructure and address emergency situations that may arise. He recognized Finance Director JoAnne Crabtree, Assistant Finance Director Nicole Stevens, and the entire finance department for their hard work in making sure that the auditors had the information they needed in a timely manner. Mayor Massengill thanked Finance Director Crabtree and her staff for all the hard work that went into the Audit. Commissioner Harris stated that he attended a Hurricane Helene recovery meeting where the devastation of the infrastructure and the total financial capacities impacted to some municipalities was discussed. Many effected municipalities had general funds but didn’t have cash on hand and literally ran out of cash and how important it is to have cash on hand in the case of an emergency. It was also a devastation on employees because they could not get paid, and citizens could not receive services. Commissioner Harris inquired about the Town’s cash management policy and availability of cash on hand. Finance Director Crabtree stated that the Town has cash management policies that are adopted by the Town Board and speaks to the amount of cash on hand. Commissioner Harris asked about the accessibility of the funds in case of an emergency shutdown. Finance Director Crabtree stated that the cash is in a central depository which is local and there are investments in the North Carolina Capital Management Trust that are liquid and could be drawn down in case of an emergency. Town Manager Mitchell stated that the Town does not do any transactions in physical cash and for more immediate purchase needs it would go through the purchasing cards and through the banking institutions. Recommendation – Accept the FY 2023-2024 Annual Comprehensive Financial Report as presented by Cherry Bekaert, LLP and recommended by management and staff.  MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) PUBLIC COMMENTS 5A Pamela Perkins, 900 Atlantis Street spoke regarding the need for the Town to hire a local animal control person for stray animals. Emily Holloway, 312 Angier Road, spoke in favor to the speed limit reduction on Angier Road, Vance and Spring Street from 35 to 25 mph. She requested a crosswalk at the intersection of Raleigh Street and Fuquay Avenue. She stated that she was disappointed about the trees that were cut down on highway 401 by the Gold Leaf Shopping Center. She also has concerns regarding the traffic and noise that will come from the Aviator Distillery on Broad Street when it is completed. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the November 19, 2024 Town Board meeting. PUBLIC HEARINGS 7A 2040 Comprehensive Transportation Plan - Town of Fuquay-Varina - CTA-2024-04 Purpose – To consider adoption of the 2040 Comprehensive Transportation Plan. 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 2035 Community Transportation Plan (CTP), adopted in 2017, is the current policy document for future transportation planning in Fuquay-Varina. This Plan has established a long-term vision for transportation that includes motorists, bicyclists, pedestrians, transit, and freight in Fuquay-Varina over a 15-year planning horizon. The Plan articulated the community's designed transportation vision and provided incremental steps to achieve that vision. Seven years after its implementation, Town leaders and staff have experienced great success and are prepared to update this document to address the Town's future transportation needs. The 2040 Comprehensive Transportation Plan is an updated Plan to assist community leaders and staff in making transportation decisions. In addition to guiding future transportation decisions, this update improves the Town's chances of being awarded regional, state, federal, and private funding for transportation improvements. Transportation funding is highly competitive, as Fuquay-Varina must compete against other municipal and state projects. The 2035 Community Transportation Plan set the vision that guided staff on securing approximately $80 million over ten years. The 2040 Comprehensive Transportation Plan builds on that vision, learning from the lessons of the past and implementing new and improved transportation best practices and innovations. A transportation plan is a living document meant to be revisited and amended as necessary as the community grows. Based on the extensive growth the Town has experienced since 2017, the 2035 CTP is now proposed to be updated. The updates proposed in this amendment build upon the current Plan's vision, guiding principles, and recommendations and provide more focus and clarity regarding the community's expectations for the future of transportation in the Town's jurisdiction. Key Plan Updates: - The Town's cross-sections have been overhauled. More simplified and more user-friendly cross-sections are being proposed. The new cross-sections, in conjunction with upcoming updates to the Town's Standard Specifications and Construction Details, offer developers greater flexibility in their design. Creativity in design is greatly desired, and these updates will provide the flexibility needed to deliver superior products. Additionally, the form-based roads included in Appendix B of the Land Development Ordinance (LDO) have been incorporated into this new set of cross-sections. - Updates to the Land Development Ordinance (LDO) and the Town's Standard Specifications & Construction Details: This CTP update necessitates updates to both the LDO and the Town's Spec Book. These updates will ensure greater coordination between all three (3) documents and greater ease of use by staff and the public. Updates to both the LDO and Spec Book are all being presented in coordination tonight. - Realigning future rights-of-way to minimize disproportional impacts: Staff evaluated future rights-of-way designated by the Plan to ensure that the disproportional impacts to property owners are minimized. In locations deemed potentially disproportionate, rights-of-way were realigned, provided a suitable alternative existed. - Funded NCDOT projects incorporated: Since the 2035 CTP, several long-range transportation projects by NCDOT have progressed to stages where it is now appropriate to incorporate them into Town plans. Both project U-5751 (NC 55 Hwy Extension) and the Hwy 401 Bypass project have been included in the updated CTP and planned accordingly. Additionally, several intersection improvements planned by NCDOT have been incorporated. - General updates to the CTP map to include constructed rights-of-way and other improvements: Since the 2017 adoption, the Town, NCDOT, and development  partners have constructed hundreds of miles of roads, sidewalks, side paths, and greenways. The 2040 CTP reflects all these newly constructed transportation improvements and builds upon this success. - The 2040 CTP recommits to traffic congestion relief: Projects like Intelligent Transportation Systems (ITS) & Transportation Demand Management (TDM) are proposed in the 2040 CTP to enhance efforts to mitigate traffic congestion, which continues to rank high on citizens' reported priority lists. These projects, in addition to implemented practices like street connectivity and the expansion of secondary streets, reinforce the Town's goal of reducing congestion for its citizens and motorists passing through Fuquay-Varina. - Greenways reevaluated: To bolster the Town's greenway network, staff proposes realigning some greenways already in the CTP to better connect pedestrians and destinations. No greenways are proposed to be removed within this plan update. - Overall Pedestrian and Bicycle accommodations access: The Town's sidewalk and sidepath network was evaluated to ensure an integrated hierarchy of connections, coordination with neighboring municipalities, and consideration for existing facilities. Public Comment & Engagement: The 2040 CTP update involved an extensive public engagement campaign throughout the yearlong project. Early in the process, staff and the consultant determined that both general and specific public feedback was desired and formulated a multi-part approach for collecting feedback, which included a steering committee of transportation and development industry professionals, stakeholders from various citizen groups and local businesses, and general public outreach through in-person events and online surveys. The steering committee convened four times, offering their professional expertise to staff and consultants throughout different phases of the project. Staff and the consultant conducted four groups of interviews with identified stakeholders, including representatives from civic groups, the Town's industrial businesses, homeowners' associations, and local developers. These interviews focused on the stakeholders' experiences with local transportation and their interests in the future of transportation in Town as representatives of their respective groups. Staff and the consultant also engaged the general public in two (2) phases of engagement. Both phases featured a pop-up event, the first at Celebrate Fuquay- Varina and the second at the Chamber of Commerce's Grower's Market. Additionally, a public open house was held for each phase, the first to gather feedback on the vision of the Plan and as an educational opportunity and the second to obtain feedback on the draft plan. The Let's Talk FV project website hosted two surveys to receive feedback on various project stages. These surveys and public events were advertised on Town social media and in the monthly water bill mailer. The draft plan was finally made public on June 21, initiating a 30-day period for comments. These comments were incorporated into the final version of the 2040 CTP that is being presented to the Town Board. Participation in this project was among the highest the staff has witnessed in recent years. Navigating public engagement in the post-COVID era is a continuously evolving and challenging endeavor, and the staff would like to express their sincere thanks to all the participants who contributed to its success. The Town's Land Development Ordinance authorizes the Engineering Director to periodically revise and clarify the Town's Specification Book (Spec. Book). The attached memorandum outlines recent updates and includes the revisions to the street cross- sections. These changes align with updates to the 2040 Comprehensive Transportation Plan. After the Town Board meeting on November 19th, the revised Spec. Book will be posted on the Town's website. Management and staff recommend approving and adopting the 2040 Comprehensive Transportation Plan, as presented and recommended. The 2040 CTP and their recommendations are reasonable and, in the public's best interest, as they improve the Town's ability to provide comprehensive transportation planning and implementation. At the July 15, 2024, regular meeting, the Planning Board voted unanimously to recommend approval. Since then, the public comment period has concluded, and all relevant comments were incorporated into the document. Public Hearing – The public hearing was opened. No one spoke in favor or opposition to the 2040 Comprehensive Transportation Plan. Discussion – Mayor Massengill stated that there has been a lot of public feedback involved and thanked Planning Director Davison for her time spent on the 2040 Comprehensive Transportation Plan. Recommendation – Approve CTA-2024-04, an update to the 2035 Community Transportation Plan (renamed the 2040 Comprehensive Transportation Plan), as presented and recommended, as it is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Commissioner Haynes SECOND: Commissioners Adcock MOTION RESULTS: Passed Unanimously (5-0) 7B Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #28 - CTA-2024-03 Purpose – To consider a proposed text amendment to the Town Code of Ordinances, Part 9 Land Development Ordinance, Amendment #28 that addresses several areas of improvement. 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. Since its adoption in December 2016, Town staff and the community have gained significant experience using the Land Development Ordinance (LDO) and a better understanding of its intent and proper function. This amendment seeks to utilize that experience by clarifying and correcting the LDO's language. The proposed changes are as follows: Throughout the LDO (where articles only include amendments from this general category, they are not otherwise called out herein): - All instances of the word "thoroughfare(s)" used when referring generally to streets have been amended to "street(s)". - All instances where the Comprehensive Transportation Plan was referred to as the "Community Transportation Plan" have been corrected to reflect the updates made to the Comprehensive Transportation Plan. - General clean-up of other plan names that have changed such as the "Fuquay- Varina Pedestrian Plan" and removal of plans that are no longer effective like the "Thoroughfare Plan". Article A - General Provisions: - The only changes in this Article are those discussed in the first part of this staff report, specifically, amending terminology. Article D - Conventional Zoning Districts: - The ability to develop standalone residential subdivisions in the Highway Corridor Overlay District has been removed. Prohibiting standalone residential subdivisions (subdivisions not a part of a form-based or multi-use development) was the intent of the section and has been the practice of staff, but language was deemed necessary for clarity. Article F - Use Regulations: - The regulations for backyard beekeeping have been clean up and amended to conform to new legislation in the NC General Statutes. There is now no limit on the number of hives permitted on a residential lot in the ETJ, and further regulation has been established as to where on the residential lot a beehive may be located. - Language has been added to the Construction Services section that would allow general and special trade contractors in the RLI and HI zoning districts to store their materials on lots with or without primary structures. With an increased buffer and fencing, it may be appropriate for some industrial uses to have stockyards that are not on the same parcel as their office or storefront facilities. See Attachment A. - The regulations for in-home day cares have been further clarified as to what type of permit is required from the Town. Currently, the State sets the standards for how many adults or children can be kept at one time by one caregiver and this amendment will better align the Town's standards with the State standards. Additionally, staff is proposing a "large in-home day care" option where a resident may apply for a special use permit in order to provide care for more  than the minimum number of adults or children. This is in an effort to allow larger day care operations but still ensure they will be maintained in a fashion that is appropriate in a residential setting. See Attachment A. - The section on Mobile Restaurants (now termed "Food Trucks") has been overhauled in an effort to modernize and employ the learned experiences of the past few years. Since 2016, food trucks have increased as a business type and the Town's many breweries and vibrant downtowns have become the epicenter of the food truck industry in southern Wake County. New uses with food trucks are being proposed such as commercial kitchens (adopted with CTA-2023-04), and food truck campuses and as such, this amendment seeks to clean up the existing regulations to respond to how food trucks have evolved. See Attachment A. - The maximum number of food trucks at one time on an individual private lot has been amended from a maximum of two (2) to a maximum of three (3). This is to align our standards with our neighbor community's standards. - Additional regulations as to where a food truck can be located have been established. - Operational standards and required permitting for operations have been clarified. Some sections have been moved to other areas of the Food Truck section for ease of use. - Some clarification has been made as to when a Special Event Permit is required in regard to food truck events. - A new use is proposed for the addition to the Permitted Use Table: Food Truck Campus. This use is intended to allow permanent areas for food trucks to be located within nonresidential zoning districts. Standards for how a food truck campus may operate have been added, including where and when it may operate. This use is in response to a growing interest of the public for alternatives to restaurants or bars. These regulations are drafted based on the success of neighboring jurisdictions' similar permitted uses. - Townhomes developed in Planned Unit Developments are now subject to the same right-of-way requirements that similar developments in the Town Center Residential and Downtown Center-2 districts. - The exemption for sidewalk installation on certain cul-de-sacs has been removed from the zero-lot line development section. All standards related to cul-de-sacs can now be found in the Town Standard Specifications and Construction Details document. - The requirement for residents seeking Accessory Dwelling Unit permits to apply for a zoning compliance letter has been removed as the confirmation of zoning compliance and confirmation of the additional Accessory Dwelling Unit standards has been integrated into the building permit process with the Inspections Department. This requirement is more comprehensive than a zoning compliance letter. - The requirement for gas station canopies to be oriented a particular way has been amended for clarification. - Language allowing a small portion of a retail Pet Service space to be used for grooming in the Downtown Center zoning districts has been added. Article G - Lot & Structure Provisions: - The allowance for fences in planted buffers has been clarified to account for fences that may run through open space lots as well as residential lots. This is in an effort to ensure an appropriate amount of landscaping will still be in place to buffer a residential lot. - Section 9-1305 has been reduced and combined with Section 9-1505. This is in an effort to keep information about nonconforming or substandard lots of record together in an effort to avoid redundancies and discrepancies. Article H - Building Type & Architectural Standards: - The requirement for an altered buffer in the event a building addition is within proximity to a Type 7 or greater thoroughfare has been removed. This situation will now default to the Landscaping, Buffers & Screening table found in Article O which provides an equal level of screening. Relocating supplemental information to more appropriate locations reduces the opportunity for redundancies and discrepancies. - The section requiring a certain style of roof to be found on canopies over gas pumps has been amended to state that the roof must match the materials of the primary building. This amendment allows for flexibility but still ensures a high- quality end product. - An allowance has been added that would permit residential amenity buildings to be exempted from some commercial building massing standards, as residential amenity buildings are often commercial buildings but with a more residential expression to conform to the character of the neighborhood they serve. This allowance would permit residential amenity buildings some flexibility in design. - Language allowing a reduction in the required percentage of facade glazing on a secondary facade via an administrative adjustment request has been added to the section requiring glazing on commercial buildings. This addition is to provide additional design flexibility. Article I - Environmental Protection Standards: - The only changes in this Article are those discussed in the first part of this staff report. Amendments to change the names of documents and remove references to documents that are no longer valid. Article J - Subdivision Regulations: - A requirement that subdivisions adjacent to public greenways shall be required to provide access to such greenway has been added to this section. This is in an effort to connect more residents to the greenway system, a key goal of the 2040 Comprehensive Transportation Plan update. - The requirements for parking at mail kiosk locations have been amended to allow developers of projects greater than 30 lots to include two (2) parking spaces dedicated for mail kiosk use. One (1) of these parking spaces is required to be ADA accessible. For projects under 30 lots, developers are not required to provide parking but must supply pedestrian ADA access from all lots to the mail kiosk. Article K - Nonconformities: - Language for substandard nonresidential lots of record has been added to this section from section 9-1305. - Stricter expiration language has been added to the nonconforming use standards for discontinued adult uses that align them with the current Downtown standards. Article L - Signs: - The only changes in this Article are those discussed in the first part of this staff report, specifically, amending terminology. Article M - Thoroughfares, Drainage & Utility Standards: - A section has been removed regarding required street and pedestrian development in the form-based districts (RMU, CMU & EMU). With the update of the 2040 CTP, the decision was made to remove the form-based street cross- sections and combine them with the updated street cross-sections that are  applicable to all Town streets. This is in an effort to have one comprehensive list of the street sections that are flexible enough to apply to all development types. - The section that previously outlined the right-of-way classifications for different streets in Town has been updated for the new street classifications established in the 2040 Comprehensive Transportation Plan. - Language regarding sidewalk and side path width and when they should be used has been removed as this information will now be kept in the Town Standard Specifications and Construction Details. - The section on cul-de-sacs and roundabouts has been greatly reduced as this information will now be kept in the Town Standards Specifications and Construction Details. - Several sections of this Article have been amended to align with new terminology as proposed in the 2040 Comprehensive Transportation Plan. - The newly approved NC 55 Hwy Extension (U-5751) and US 401 Highway Bypass have been added to the list of rights-of-way that have different dedication and/or construction requirements. Because these roads will be built using external funding sources, only dedication of the right-of-way will be required from developers who build adjacent to them. - Language outlining where sidewalks may not be required has been removed as this information will now be kept in the Town Standard Specifications and Construction Details. - Language outlining sight distance standards has been removed as this information will now be kept in the Town Standard Specifications and Construction Details. Article N - Parking, Loading & Lighting Design Standards: - Language determining how many parking spots are required for a food truck campus use has been added to the Parking Standards table. See Attachment B. - Permeable paver systems have been added as a possible material for off-street parking locations. Staff has deemed it appropriate as a surface material. - Language that permits loading bays by the amount of proposed or existing gross floor area has been removed as this determination should be based more on use than size of the structure. Staff felt that this table was overly restrictive and that requiring a certain number of loading bays was not necessary, as the need will be determined by the use's demand. Article O - Landscaping & Tree Protection Standards: - The section determining where street trees must be placed has been rewritten to accommodate the amended street types in the 2040 Comprehensive Transportation Plan. - The language requiring foundation plantings for non-residential buildings has been amended to required rear facade plantings when a rear facade faces a right-of-way or access drive as this portion of the building will be generally visible to the public. - The language requiring landscape islands in parking lots has been reduced from two islands for the first 20 parking bays and then one more for every additional 20 parking spaces to one landscape island for every 20 parking bays. This language simplifies the calculation. - The section on Use Type classifications has been completely rewritten to better align uses with their intended buffer requirements. The buffers are established in Table - Landscaping, Buffers & Screening. See Attachment C (a clean version of the proposed Use Type list has been added to this attachment for reference). - The language establishing where a fence may be placed in relation to a required perimeter buffer has been amended to require the planting on the outside of the fence. This is in an effort to create a pleasing visual barrier from the right-of- way or adjacent property. - An additional buffer type, the Type A+ Buffer has been established with this amendment. Staff has determined that the Type A Opaque Buffer was not sufficient between some uses, so a more densely planted buffer is hereby  proposed. This buffer will be comprised of mostly evergreen trees and completely evergreen shrubs in an effort to provide the most screening possible. Uses that are subject to this buffer have been established on Table - Landscaping, Buffers & Screening. See Attachment C. - A note regarding how Table - Landscaping, Buffers & Screening should be read has been removed as the note is no longer relevant due to the restructuring of the table. Article P - Administrative Powers & Duties: - The only changes in this Article are those discussed in the first part of this staff report, specifically, amending terminology and cleaning up plan names. Article Q - Procedures & Administration: - Language in the food truck application section of this Article has been amended to match the amendments in Article F. - Language for expiration of site plan approvals has been added to this section. Previously this language was kept in Article J which led to user confusion since Article J is specifically regarding subdivisions. - The section on street name changes has been amended to clean up and modernize the requirements. Street name changes are rarely requested so the section was in need of an update as some processes have changed. Article S - Interpretations & Definitions: - A definition for "Alley" has been added where previously there was none. - Adult day care has been added to the definition of "Day Care, In-Home" where previously it referred only to the day care of children. - The terms "Expressway", "Freeway", "Major Thoroughfare", and "Minor Thoroughfare" have been amended to better fit how the 2040 Comprehensive  Transportation Plan uses the terms. Specifically, discontinuing the practice of defining road types by their right-of-way width. - The terms "Rear Access Street" and "Rear Alley" have been removed from the definitions section as they are no longer a type of street being used or that will be used by the Town. Alley is now the accurate term. - All mentions of streets specific to the form-based districts have been removed through the LDO. As of the adoption of the 2040 Comprehensive Transportation Plan, there will no longer be a differentiation between streets applicable to form- based or streets applicable to the rest of the zoning districts in Town. - The definitions of "Street" and "Thoroughfare" have been updated to fit the updates being proposed in the 2040 Comprehensive Transportation Plan which more closely aligns the Town's terminology with industry terminology. This will allow for better ease of use across documents. Appendix A - DC-1 & DC-2 Form-Based Districts: - The only changes in this Appendix are those discussed in the first part of this staff report, specifically, amending terminology and cleaning up plan names. Appendix B - RMU, CMU, & EMU Form-Based Districts: - The following tables and figures are proposed from removal from Appendix B due to the overhaul of Town streets with the 2040 Comprehensive Transportation Plan update. All language referring to any of these tables and figures has been removed as well. See Attachment D. - Table - Private Frontage - Table - Thoroughfare Cross-Section Type - Table - Transportation Way - Figure - Effective Turning Radius - Illustrative Only - Table - Public Frontage Types - Table - Thoroughfare & Frontage - Illustrative Only  - Table - Pre-Approved Assemblies - Table - Utility Easements - A requirement for a mid-block crossing has been added to all blocks that are proposed to exceed the maximum block length. This is in an effort to maintain a pedestrian friendly street network while allowing for flexibility in block length. - Language that previously required lots to be comparable in number to the number of lots in an adjacent subdivision has been removed in favor of the new Type A+ buffer language. This is in an effort to provide a higher level of screening to existing neighborhoods. - A requirement for "no parking" signs that was previously in another section of Appendix B has been moved to the Parking Location Standards section where it is more appropriate. - Language that states how street trees and sidewalks shall interact has been added to the public frontage section. Staff deemed it necessary to differentiate between intensity of uses in the form-based districts. - The section determining how bicycles should be accommodated on travels lanes has been removed as this information will now be kept in the Town's Standard Specifications & Construction Documents. Appendix C - Town Center Residential District: - The only changes in this Appendix are those discussed in the first part of this staff report, specifically, amending terminology and cleaning up plan names. Appendix D - Planned Unit Development: - Language has been added to this section that will prohibit residential lots from containing flood hazard soils. - Language that previously required lots to be comparable in number to the number of lots in an adjacent subdivision has been removed in favor of the new  Type A+ buffer language. This is in an effort to provide a higher level of screening to existing neighborhoods. - Language regarding sidewalks in relation to cul-de-sacs has been removed as this information will now be kept in the Town Standard Specifications and Construction Details. Appendix E - Certifications: - A note in the Plat Notes section has been rewritten to indicate that some lots may be subject to further standards in Article I. Management & staff recommend approval of the proposed town code amendment. It is reasonable and, in the public’s, best interest, as it improves upon the Land Development Ordinance's intent to modernize, provide sustainability, and allow for ease of use and enforcement, specifically concerning the Town's current standards. At the October 21, 2024, regular meeting, the Planning Board voted unanimously to recommend approval with the removal of Article M, Section 9-1602 General Standards, a. Street & Access Design Standards, (3) Orphaned Road Improvement with New Development Stub Connection. The Planning Board agreed that the rectification of orphaned roads is a valid goal but felt the requirement to improve orphan roads to NCDOT standards may place a burden on a developer adjacent to multiple or excessively long stub connections and that requiring existing roads to be improved to facilitate NCDOT adoption does not clearly define what improvements will be required. Members of the Planning Board suggested that zoning conditions negotiated with a rezoning request provided staff and the petitioner more flexibility to address the individual nature of an adjacent orphaned road in relation to the impact the proposed development will have on the orphaned road. It has been determined that this item will be further developed by staff and presented to the Board at a later date. Public Hearing – The public hearing was opened. No one spoke in favor or opposition to the Town Code Amendment. Discussion – Commissioner Harris inquired about the changes related to in-home daycares. Planning Director Davison reported that state regulations determine the number of children or adults are allowed. The Town decides whether it is a permitted use in a specific facility. She stated that while the state expanded the number of children that is allowed in an in-home daycare, the Town didn’t feel comfortable that just a home occupation permit was necessarily applicable to a house that was watching a larger number of children and could impact the neighbors. She shared that adult daycare has been added since the state has expanded the use on it. She indicated that this applies to both daycare for children as well as daycare for older adult seniors and basically the smaller version is applicable for a home occupation permit and the larger version would require a special use permit. Commissioner Harris inquired about the recommendation to allow street name changes to be handled administratively. Planning Director Davison stated that per state statute, staff is allowed to change street names without formal procedures taken by the governing board. Town Manager Mitchell stated that it is more efficient and faster instead of having to wait every two weeks for a Town Board meeting. Recommendation – Approve CTA-2024-03 Amendment #28, 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-24-06  MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) 7C Downtown Mixed-Use Development Project - Town of Fuquay-Varina and HMP Holdings, LLC - Development Agreement, Local Incentive Agreement, Purchase Sale Agreement, and Parking Agreement Purpose – To consider approval of a Development Agreement, Local Incentive Agreement, Purchase Sale Agreement, and Parking Agreement between the Town of Fuquay-Varina and HMP Holdings, LLC in addition to the Project Ordinance and Budget Amendment fully funding the public parking structure. 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. The Town of Fuquay-Varina believes in and supports downtown development. The Town has made significant capital investments in its downtown area, including façade improvement grants, infrastructure upgrades, and streetscape improvements. On October 22, the Town Board approved its first comprehensive Downtown Generational Plan intended to be a blueprint for additional investment in Fuquay-Varina's downtown specific to housing, commercial/retail development, cultural arts, landscaping, and recreation amenities. The Town Board recognizes the need to establish a town center downtown core to serve the growing population of Fuquay-Varina. The Town and its community envision a vertical mixed-use development project that will foster a work, live, and visit destination that includes retail, entertainment, and housing opportunities. Through its Economic Development Strategic Plan and Downtown Generational Plan, the Town identified infill downtown development as a strategic priority. The Town has successfully demonstrated through various economic development and infrastructure agreements that public-private partnerships are necessary to enhance the vision and values of the community. The Town's governing body is committed to providing the resources needed to undertake an ambitious and achievable plan for downtown mixed- use development. In September 2023, the Town received Request for Qualifications (RFQ) seeking to attract a private sector developer to undertake a downtown vertical mixed-use project capable of transforming downtown. The RFQ aimed to identify a preferred developer with an interest, capacity, and qualifications to design, plan, finance, construct, and operate a first-class mixed-use development project. The downtown Project site between N. Main Street, E. Academy Street, and N. Fuquay Avenue comprises 2.52 acres of Town-owned property next to Fuquay-Varina's John W. Byrne Municipal Building (Town Hall). This site is zoned Downtown Center-1 (DC-1). The Downtown Center zoning district is intended to encourage development, enhance economic vitality, and make downtown a prime destination within the community. The DC-1 district is zoned to encourage a dense mix of retail and residential uses and emphasizes pedestrian-friendly development. The Town envisions the Project as a vertical mixed-use development constructed as a zero-lot-line multi-story building that integrates a unique design into the Town's downtown fabric. The Town envisions structured parking to support the Project's associated uses. Parking should also support the existing businesses downtown and visitors throughout the year. Fuquay-Varina's Town Board has committed to financially participating and assisting in parking solutions to support this Project. After soliciting proposals from developers, Town staff selected HMP Holdings, LLC as the preferred developer to begin negotiating a public-private partnership agreement to complete the Project. HMP Holdings, LLC has developed numerous high-profile and award-winning projects throughout the Triangle Region. Located in Raleigh, the Company has raised and constructed various real estate projects totaling more than $900 million. The Developer has a successful long-term track record and a proven ability to take projects from concept to completion. HMP Holdings, LLC has been the master developer for several transformational projects in downtown Raleigh that include: - Edison Skyhouse, a 23-floor high-rise residential tower with 320 residential units and 6,500 SF of ground floor retail. - Edison Lofts, a 6-floor mid-rise residential building with 223 units and 16,000 SF of ground floor retail. - Edison Edge, a proposed 20-story 300,000 office building in partnership with Highwoods Properties, with 8,000 SF of ground floor retail. - 400H, 400 Block of Hillsborough Street consisting of 20 stories, 242 apartments, 16,000 SF of ground floor retail/food/beverage space, 150,000 SF of office, and 645 parking spaces. - West, a 170 unit, 17 story residential tower on Glenwood South, 300 parking spaces, and 14,000 SF of ground floor restaurant and retail space. One of the most attractive components of HMP Holdings, LLC's proposal was their inclusion of 3.65 acres of privately owned land adjacent to the Town's 2.52-acre project site. Therefore, the potential Project is now 6.17 acres compared to the initial 2.52 acres originally proposed by the Town in the RFQ. The Developer has secured an option to purchase the adjoining 3.65 acres to include in their Project. This new Project footprint would include demolishing the remaining older warehouse buildings within the block. HMP Holdings, LLC proposes building a single-block, mixed-use development project consisting of approximately 244 apartment units, 20,000 square feet of first-floor commercial retail space, and a 420-space multi-level parking deck. The Developer will construct the parking deck, which will, upon its construction completion, be conveyed to the Town and become a Town-owned public parking deck. The Town will fund up to $10,500,000 for the construction of the parking deck. The Town Board is being asked to consider the approval of several agreements necessary to advance the construction of the downtown Project. The Development Agreement is in accordance with N.C. Gen. Stat. §158-7.1 and N.C. Gen Stat. §160D- 1315, which authorizes the Town Board to enter into agreements to facilitate downtown development projects. The Development Agreement provides the general provisions, terms, and conditions that will guide the purpose and scope of the Project. The Town's obligations under the Development Agreement are: - Work with the Developer to facilitate the approval and development plans needed to construct the Project, including permitting and other processes required to complete the Project and public infrastructure improvements. - Sell the Town-owned property in accordance with the proposed Purchase Sale Agreement. - Fund the construction of the proposed 420-space parking deck that will become Town-owned once complete. - Provide up to $3,300,000 in an economic development incentive to the Developer as an inducement to undertake the Project. Developer Obligations: - Design, fund, construct, own, operate, and maintain the Project, including, but not limited to, the landscape and hardscape on the Property, the commercial building(s), and water, sewer, and stormwater connections to the right of way for the commercial building. - Provide all submittals needed to facilitate the approval of all recombination, development plans, and permitting or other government processes required to complete the Project. - Design and construct the parking deck and, upon completion, convey the same to the Town. The Developer Agreement term is for 10 years. The proposed Purchase Sale Agreement and Parking Agreement are incorporated as part of the Development Agreement. As an inducement to undertake this significant capital project, the proposed Local Incentive Agreement offers $3,300,000 as a cash incentive grant to HMP Holdings, LLC, with the understanding that it is a competitive necessity to induce the Developer to complete the Project and add a significant tax base to Fuquay-Varina's downtown. This incentive funding will be available to the Developer in a lump sum payment upon completion of the Project, with the Developer having made a capital investment resulting in at least $70,000,000 in increased assessed tax value. The Purchase Sale Agreement between the Town and Developer details the sale of the 2.52 acres of Town-owned property to the Developer for a sale price of $3,409,232, which represents the property's appraised Fair Market Value plus costs to demolish all existing improvements and buildings on the site. The Town has the right to repurchase the 2.52-acre site within 90 days of the Developer closing on the property if the Developer does not commence construction of the Project. The Parking Agreement between the Town and Developer details the ownership, operation, and maintenance of the 420-space parking deck. The Town will make available to the Developer 320 spaces to provide parking for the residents of the 244-apartment Project. The Town will use the remaining 100 spaces that will be unregulated and for the public's use and daily parking needs throughout downtown. When deemed appropriate, the entire parking deck and its 420 spaces will be available for public parking during the day for public use. This cross-park access is estimated to be between 7:00 am – 7:00 pm, with 320 spaces reserved exclusively for residential use past 7:00 pm. Regarding the operation of the deck, the Town anticipates hiring a third-party professional parking management company who will be responsible for monitoring the parking deck's daily operations. The Developer will be responsible for paying for the third-party parking management company. Regarding maintenance and repair of the parking deck, the Developer agrees at its sole cost and expense to maintain and repair it. The Developer will be responsible for paying all operating expenses that include but are not limited to maintenance and repair of the foundation and structural portions of the parking deck, electricity, lighting, cleaning and janitorial service, fire protection, security service, and elevator repairs. Parking in the deck will be free of charge for 10 years upon the deck opening. Beginning in year 11, the Developer may charge for parking within the 320 reserved residential public parking spaces for non-residential parking public use upon approval from the Town. The Town at its discretion has the ability to charge for parking in the 100 Town spaces. The decisions to charge for parking would be based on what is market- supported and desirable at that time. Should there be charges for parking, the Developer agrees to share 50% of parking profits with the Town. If parking revenue is less than parking costs, the Developer absorbs 100% of these costs. The parking agreement between the Town and Developer will be for 50 years, with the ability to renew it for another 50 years. If the Town wishes to sell the parking deck, the Developer will have a right of first refusal to purchase it. If the Town Board approves the Development Agreement, the Project's schedule is as follows: - 120 Days for Inspection Period - 360 Days for Development Approval - 360 Days for Construction Drawings - 30 Days for Closing on Property - Project Construction is estimated to begin in 2.3 years - Construction is expected to take 700 days to complete - Estimated Project complete in 4.5 years from Development Agreement approvals. The Town agrees to fund up to $10,500,000 to construct a Town-owned public parking deck. The Developer will construct the parking deck and once completed, will convey the deck and its land to the Town. The Town intends to make progress payments to the Developer during the parking deck construction. Construction of the parking deck is expected to commence within 2.3 years of approval of the Development Agreement. Town staff is recommending approval of a Project Ordinance needed to establish a project budget for funding the construction of the Town-owned parking deck and a budget amendment to appropriate an additional $1,500,000 from the Town's General Fund to completely fund its $10,500,000 obligation. In its current fiscal year budget, the Town Board has appropriated $9,000,000 toward funding the parking structure. The Purchase Sale Agreement between the Town and Developer details the sale of the 2.52 acres of Town-owned property to the Developer for a sale price of $3,409,232, which represents the property's appraised Fair Market Value plus costs to demolish all existing improvements and buildings on the site. The Town has the right to repurchase the 2.52-acre site within 90 days of the Developer closing on the property if the Developer does not advance the construction of the Project. As an inducement to undertake this significant capital project, the proposed Local Incentive Agreement offers $3,300,000 as a cash incentive grant to the Developer with the understanding that it is a competitive necessity to induce the Developer to complete the Project and add a significant tax base to Fuquay-Varina's downtown. This incentive funding will be available to the Developer in a lump sum payment upon completion of the Project, with the Developer having made a capital investment resulting in at least $70,000,000 in increased assessed tax value. To qualify for the $3,300,000 incentive grant, the Developer must construct the 420- space parking deck, build approximately 20,000 sf of new commercial retail space, and construct approximately 244 new market-rate apartment units. These capital improvements must be completed by August 31, 2029. Once the Project is completed, if the updated property tax appraisal results in less than $70,000,000, the grant will be reduced based on a formula prescribed in the incentive agreement. Public Hearing – The public hearing was opened. Greg Sandreuter, 104 Lake Cliff Court, Cary, spoke in favor to the Downtown Mixed-Use Project. Emily Holloway, 312 Angier Road spoke in favor, but requested consideration be made for the 244 apartments to be built to have some affordable housing. She also expressed concerns for the traffic generated by the Downtown Mixed-Use Project. No one spoke in opposition of the Downtown Mixed-Use Project. Discussion – Commissioner Wunsch inquired about the 100 parking spaces that are not reserved for residents and if they would be charged to park initially or after year 10. Assistant Town Manager Seymour stated that the Town could charge on day one for the parking, but that would be a choice by the Board. He stated that only the remaining 320 parking spaces would be subject to potential charges determined by the developer after 10 years. Commissioner Adcock asked how long the Town has been trying to put this type of project at this location. Assistant Town Manager Seymour stated since 2014 – 10 years.  Mayor Massengill thanked the developer, Greg Sandreuter for all his efforts with working with Town staff. He encouraged Mr. Sandreuter to factor downtown character in his design of site and buildings for the project. Mayor Massengill indicated that this is a $70 million project, and the Town’s investment is an excellent return from a standpoint of economic development. He stated that the Town Board hears complaints regarding parking issues, and this is an opportunity for the Town to build a parking deck that will address parking and make it more convenient to walk downtown. Recommendation – Approve the Development Agreement, Local Incentive Agreement, Purchase Sale Agreement, and Parking Agreement between the Town of Fuquay-Varina and HMP Holdings LLC for the construction of the downtown mixed-use project, as presented and recommended and approve the Project Ordinance establishing funding for the parking structure and Budget Amendment BA-25-09. Ordinance No. N-24-52 MOTION: Commissioner Wunsch SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8A. Resolution - Abatement Assessment - 411 Cherry Street Purpose – To consider a resolution assessing the cost of a Town abatement nuisance for 411 Cherry Street, PIN 0656792838. Recommendation – Approve a resolution applying the cost of Town nuisance abatement as a lien against 411 Cherry Street - PIN 0656792838. Resolution No. 24-1902 8B. Fee Schedule Amendment - Food Truck Annual Permit Purpose – To consider a fee schedule amendment to the FY 2024-2025 Fee Schedule to increase the annual Food Truck Permit Fee. Recommendation – Approve amending the FY 2024-2025 Fee Schedule and associated resolutions to increase the annual Food Truck permit fee to $75.00 as presented and recommended. Ordinance No. N-24-51 8C. Roadway Fee-In-Lieu – Saunders Farm Subdivision Purpose – To consider approval of a Roadway Fee-In-Lieu payment for roadway improvements related to the Saunders Farm Subdivision Project in the amount of $40,064.06. Recommendation – Approve a total of $40,064.06 as fee-in-lieu payment for roadway improvements associated with the Saunders Farm Subdivision Project as presented and recommended. 8D. Special Event Application, Amplified Sound Permit, and Temporary Street Closure Request – Fuquay-Varina Chamber of Commerce - 2024 Christmas Parade – December 8, 2024 Purpose –To consider a special event application, amplified sound permit, and temporary street closures for the Fuquay-Varina Chamber of Commerce Christmas Parade scheduled for Sunday, December 8, 2024.  Recommendation – Approve the special event application, amplified sound permit, and temporary street closures for 2024 Fuquay-Varina Chamber of Commerce Christmas Parade scheduled for Sunday, December 8, 2024, as presented. 8E. Special Event Application, Amplified Sound Permit, and Parade Permit Request - Fainting Goat's 4th Annual Wag and Walk for the Brain Injury Association of NC on Saturday, November 23, 2024 Purpose – To consider approval of a Special Event Application, Amplified Sound Permit, and Parade Permit Request for Fainting Goat's 4th Annual Wag and Walk for the Brain Injury Association of NC scheduled for Saturday, November 23, 2024. Recommendation – Approve the Special Event Application, Amplified Sound Permit, and Parade Permit Request for Fainting Goat's 4th Annual Wag and Walk for the Brain Injury Association of NC scheduled for Saturday, November 23, 2024. 8F. Special Event and Amplified Sound Permit Request – Drinksgiving at Mason Jar Lager Co. - Wednesday November 27, 2024 Purpose – To consider approval of a Special Event Application and Amplified Sound Permit Request for the Mason Jar Lager Co. Drinksgiving event scheduled for Wednesday November 27, 2024. Recommendation – Approve Special Event Application and Amplified Sound Permit Request for the Drinksgiving event at Mason Jar Lager Co. scheduled for Wednesday November 27, 2024, as presented and recommended. 8G. Special Event Application and Amplified Sound Permit Request - Art After Dark Christmas, Friday November 22, 2024 Purpose – To the approval of a special event permit application and amplified sound permit request for the Art After Dark event scheduled for Friday, November 22, 2024, as presented and recommended. Recommendation – Approve the special event application and amplified sound permit request for the Art After Dark event scheduled for Friday, November 22, 2024, as presented and recommended. 8H. Speed Limit Exception Ordinance - 25 mph - E. Academy Street, Lakestone Commons Avenue, and Sunset Forest Subdivision Purpose –To approve a speed limit exception ordinance - 25 mph - for E. Academy Street from Purfoy Road to Judd Parkway, Lakestone Commons Avenue from Purfoy Road, to N. Main Street, and streets inside the Sunset Forest Subdivision. Recommendation – Approve the speed limit exception ordinance - 25 mph - for E. Academy Street from Purfoy Road to Judd Parkway, Lakestone Commons Avenue from Purfoy Road, to N. Main Street, and streets inside the Sunset Forest Subdivision. Ordinance No. M-24-07 8I. Budget Amendment - Insurance Proceeds - Parks, Recreation and Cultural Resources - $1,301 - BA-25-06 Purpose –To consider a budget amendment that recognizes insurance proceeds from the NC League of Municipalities Interlocal Risk Financing Fund for repairs to Action Park. Recommendation – Approve Budget Amendment BA-25-06 as presented and recommended. 8J. Budget Amendment - Recognize Insurance Proceeds - Fire Department - $1,327 - BA- 25-07 Purpose –To consider a budget amendment that recognizes insurance proceeds/restitution for building repairs at Fuquay-Varina Fire Department Station #2. Recommendation – Approve budget amendment BA-25-07 as presented and recommended. 8K. Budget Amendment - Recognize Donations - Arts Center - BA-2025 -08 - $7,000 Purpose –To consider approval of a budget amendment recognizing funds recently received from the United Arts Council and the Fuquay Varina Womans’ Club. Recommendation – Approve the Budget Amendment BA-2025-08 to recognize grant proceeds from the United Arts Council and a donation from the Fuquay Varina Womans’ Club as presented and recommended.  A motion was made to approve all Consent Agenda Items 8A- 8K. MOTION Commissioner Wunsch SECOND: Commissioner Adcock 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 Preliminary Subdivision Plat – Holland South Estates Subdivision - SUB-PR-2024-04 Purpose – To consider a preliminary subdivision plat submitted by Curry Engineering, PLLC for the Holland South Estates subdivision located at 1605 Holland 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 information about the agenda item by making the following remarks. The submitted preliminary subdivision, Holland South Estates is located at 1605 Holland Road, on 25.43 acres in the Residential Agricultural (RA) Zoning District. Annexation will be required prior to Construction Drawing approval but has not yet been submitted. The preliminary subdivision plat proposes 24 single-family lots. The minimum lot size permitted is 20,000 square feet and the minimum lot size provided is 22,122 square feet with the average lot size being 28,960 square feet. Although no open space is required, the subdivision is proposing 7.50 acres of open space. Vehicular access to the project area will be provided by two entrances along Holland Road. The development will also provide a road stub to the northeast corner of the parcel in compliance with the 2035 Community Transportation Plan. Holland Road is classified in the CTP to be an 80' right-of-way with a 3-lane, median divided roadway and sidepaths. It is currently a 2-lane road with a carrying capacity of 2,800 annual average daily trips (AADT), and no pedestrian accommodations. Being only 24 lots and adjacent to developed parcels, Holland South Estates qualifies as an Infill Subdivision per Section 9-1608 of the LDO and as such, is only required to dedicate right-of-way per the Community Transportation Plan but is not required to construct frontage improvements along Holland Road. Public water and sewer are currently unavailable; water will be extended to serve the subject property by the developer and the low-density subdivision will be served by private septic systems. In compliance with the proposed LDO amendment presented earlier tonight, no parking spaces are shown at the mail kiosk serving the residents of Holland Grace Court, but instead, ADA pedestrian access has been provided from all six lots to the proposed mail kiosk. The proposed amendment will need to be approved by the Town Board prior to the subdivision approval or mail kiosk parking will need to be provided as currently required. The proposed preliminary subdivision plat meets all Town requirements, and management and staff recommend approval. At the October 21, 2024, regular meeting, the Planning Board found the subdivision plat consistent with Town requirements and voted unanimously to recommend approval.  Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve the Holland South Estates Subdivision plat SUB-PR-2024- 04, as presented and recommended. MOTION: Commissioner Harris SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) 10B Presentation & Letter of Support - Microtransit Purpose – To receive a presentation of recommendations from the On-Demand Mobility Strategy Study developed by GoRaleigh. 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 information about the agenda item by making the following remarks. The ridership on the Town's Fuquay to Raleigh Express (FRX) bus service has been in steady decline since the pandemic and has recently been identified by GoRaleigh as no longer being an effective route. In the Summer of 2024, GoRaleigh (operators of the FRX) approached Town staff about being included in their ongoing microtransit study, which is being conducted by transportation consultant Via. The study analyzed three performance areas: 1. Key Statistics: Basic coverage metrics, including the percentage of residents and jobs in each zone without service in the 2027 bus network. This metric is  particularly useful if GoRaleigh prioritizes microtransit to cover current gaps within its network. 2. Investment: Expected annual ridership and the number of vehicles required to serve it. These factors are used to calculate an annual operating cost. 3. Efficiency: Approximate return on investment GoRaleigh can expect operating each zone. This metric can be measured in terms of productivity (the number of boardings per vehicle per hour) or cost per trip. The study further explains that microtransit uses technology to route vehicles based on real-time passenger demand. Microtransit is technology-driven and encourages riders to book trips through a mobile phone app, allowing on-demand booking with a vehicle arriving in under 30 minutes. There are no fixed routes or pre-determined schedules. Instead, routing is based on where riders want to travel and when. Microtransit is often implemented using small buses or vans, and rides are shared as they are with traditional bus service. Microtransit services operate in predefined zones, and passengers are restricted to starting and ending their trips within that area. Passengers sometimes transfer to fixed- route buses to travel beyond the zone's boundaries. Most passengers will book rides through a phone app with the ability to book rides via phone. Customers first indicate the number of passengers they travel with and select their desired pickup and dropoff locations within the predefined zone. Typically, passengers must wait between 5 to 20 minutes for a trip, although this may vary depending on the level of demand and the number of vehicles available. Customers who book with the app can track the vehicle in real-time and receive text message updates about their trip. Some micro-transit services, especially those in urban areas, request that passengers walk to meet a vehicle at a nearby intersection to reduce detours and maximize the efficiency of the service. In rural areas, where demand is less concentrated, curb-to-curb service can be just as efficient. The study determined that Fuquay-Varina is an excellent candidate for a microtransit system, and replacing the existing underperforming fixed-route FRX system with microtransit service could close transit gaps and extend transit coverage to lower- density areas. In addition to the Judd Parkway core, the study included three islands: Wake Tech, Willow Springs High School, and Holly Springs near the Hospital in the service area. In addition to expanding the areas available for transit use, the service hours could also increase from four times a day on weekdays only with the FRX to all day six-days a week. Via's study forecasts that switching to a microtransit option would: - Significantly increase ridership - Greatly increase citizens' access to reliable convenience transit services - Still provide access to the current FRX locations - Expand transit opportunities as well as departure and arrival locations all across the Town - Introduce access to new locations outside the Downtowns, including the UNC Rex Hospital in Holly Springs and Willow Springs High School - The switch would be cost-neutral GoRaleigh's final report was attached, as was a letter of support for GoRaleigh to move forward with seeking funding for the fleet of vehicles that would provide the service. The micro transit vehicles would be funded by GoRaleigh and the Wake Transit Plan with no additional costs to the Town. Discussion – Mayor Massengill stated that the Town Board welcomes valuable services to residents without placing additional burdens on taxpayer dollars.  Recommendation – Approve the letter of support for the GoRaleigh recommendations of the On-Demand Mobility Strategy Study, as presented and recommended. MOTION: Commissioner Haynes SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) 10C Consultant Selection - Public Service Center Phase II Design Purpose – To consider selection of the best qualified design firm for the Phase II expansion of the Public Service Center and authorizing the Town Manager or designee to negotiate scope and fee. Staff Comments – Public Works Director Tracy Stephenson 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. In accordance with NCGS 143-64.31, town staff solicited Request of Qualifications (RFQ’s) for architectural and engineering consultants for the Public Service Center Phase II project in August of 2024. A copy of the Request of Qualifications is attached to this agenda item for reference. Town staff received four RFQ responses from highly qualified architectural and engineering firms on September 20, 2024. The RFQs were reviewed and scored by a selection committee consisting of Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Public Works Director Tracy Stephenson, Public Utilities Director Mike Wagner, and Parks, Recreation and Cultural Resources Director Jonathan Cox. Based on the scoring criteria established in the request for qualifications, the Withers and Ravenel team with Teeple Architects, and HH Architecture scored the highest and were invited to interview with the Town on Friday, October 25, 2024. The interview panel consisted of the following town staff: Assistant Town Manager Mark Matthews, Public Works Director Tracy Stephenson, Public Utilities Director Mike Wagner, and Parks, Recreation and Cultural Resources Director Jonathan Cox. Considering the entire evaluation process, Town Staff determined Withers Ravenel and Teeple to be the most qualified team to complete the project with HH Architecture second. Under the Qualifications Based Selection process prescribed by the NC General Statutes, the Town is required to select the best qualified design firm without respect to price, and following this selection may attempt to negotiate a fair and reasonable price for the proposed scope of work. The qualifications and interview presentation submitted by Withers Ravenel and Teeple Architects, as well as HH Architecture, demonstrated both firms have extensive relevant experience, project familiarity, and are well-qualified to perform the design of the Public Service Center. Withers Ravenel/Teeple was designated as the best qualified firm due to more experience designing similar operational facilities, direct experience of designated staff assigned to the project, and demonstrated understanding of this specific site and project. Withers Ravenel has an extensive history of completing successful projects for the Town. The architectural design staff at Teeple Architects were involved with the original design of the Public Service Center and conducted the more recent Public Service Center Phase II space and needs survey/preliminary design. The Town also has had a good experience working with HH Architecture on the design of the Hilltop Needmore Community Center Project and has no reservations about working with their team again. Management and Staff recommend the Town Board designate Withers Ravenel/Teeple as the best qualified firm, and designate HH Architecture as the next best qualified firm. Upon selection, Management and staff will work with Withers Ravenel and Teeple Architects to develop a scope of work and fee that aligns with the PSC Phase II project identified in the FY 2025 Budget. If acceptable terms scope and fee terms cannot be reached with Withers Ravenel and Teeple, Town Staff will move to negotiations with HH Architecture. Qualifications Based Selection is the process prescribed by NC General Statutes for selection of design firms based on experience, qualifications, and competency without respect to price. Upon selection of the best qualified firm by the Town Board, Management and staff will attempt to negotiate a fair and reasonable price consistent with industry norms. Town management and staff anticipate bringing a negotiated scope and fee with terms to a future Town Board meeting. The FY 2025 Town of Fuquay-Varina budget includes funding for the Public Service Center Phase II design. Discussion – Mayor Massengill asked the timeline for this project. Public Works Director Stephenson stated that design will be completed in this fiscal year 2025 with construction mid-year 2026. Recommendation – 1. Designate the Team of Withers Ravenel and Teeple Architects as the best-qualified and preferred firms, and HH Architecture as the next ranked preferred firm to perform the design of the Phase II expansion of the Public Service Center. 2. Authorize the Town Manager or designee to negotiate scope and fee, subject to the Town Attorney review as to form. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the additional following updates: o Finance – He stated that tonight is Finance Director JoAnne Crabtree’s last Town Board meeting before her retirement at the end of the month. JoAnne has been employed with the Town for the past five years and has done an exemplary job. She has led the efforts to improve financial policy, maintain the Town’s books in a transparent and comprehensive approach, advance the Town’s bond ratings, navigate hundreds of millions in bond issuances, and expand department services. JoAnne is appreciated, valued and will be missed. The Finance Department has completed the audit, and the budget process will start next month. o Human Resources – The Human Resources Department is working through the hiring process for the current directors’ position vacancies and other various positions within the organization. They are wrapping up the annual appraisal process and working with the consultants on the pay and classification assessment. o Communication – The Communications Department has commenced on the annual State of the Town video. They are working on updating the Town’s Brand Guide and the Downtown Historic Banners won the Graphic Design for Exterior Signage Award by Graphic Design USA. o Public Works – The Public Works Department is working on installing the Christmas decorations throughout the Town. They are also in the process of hiring for the Fleet Manager position. o IT – The IT Department is working with the Town’s payment vendor to accept payments for all fees online. The Town Hall gate that was hit by a vehicle will be replaced. Staff is working to install digital signage in Parks and Recreation and Arts Center facilities. They held a cyber security tabletop exercise on October 30th with all departments. o Parks and Recreation – The Parks and Recreation Department winter sports is underway. They are getting ready to start the interview process for the Library Park  design. The elevator was installed at the Hilltop Needmore Community Center marking another major milestone in the project. o Arts Center – The Arts Center has 7 great events happening between now and mid- December including The Embers, The Fuquay-Varina Chorale and The Nutcracker. o Police Department – The Police Department is currently involved in the CALEA site assessment. Richard Conerly was promoted to Captain; Jonathan Wells was promoted to Lieutenant and Kevin Boyd was promoted to Sergeant. Detective Joshua Hillgartner and Detective Ryan Schulte have obtained their Advanced Law Enforcement Certificates and Officer Ganzenmuller has obtained his Intermediate Law Enforcement Certificate from the NC Criminal Justice Education and Training Standards Commission. The Department hosted a successful Mental Health Resources event. o Fire – The Fire Department had an excellent Open House with around 1,000 people attending and the weather was perfect. The department completed their ISO Inspection on October 31st, and everything went well. They should have the results in 90-120 days. New recruits Michael Conniff and Garnett Butts have completed their orientation process and were assigned a shift last Friday and will be presented to the Town Board at a future meeting. Captain Josh Herring and Firefighter Riley Prince recently attended the Carolina Fire Days Training School in Charlotte. The school offered two days of classroom lectures followed by two days of extensive hands-on scenarios at the local training facility. o Planning – The Planning Department Staff Rich Johnson, Code Compliance Officer has successfully completed the Certified Zoning Officer Training through the UNC School of Government and passed the certification exam. Town staff in conjunction with Wake County and other Wake County municipalities have completed the update to the Hazard Mitigation Plan and are awaiting FEMAs review and approval to bring it to the Town Board for adoption. o Public Utilities – The Public Utilities Department has completed the cleaning of the hill’s water tank. They continue to advance the numerous capital projects. Tony  Brooks and Arzaya Janovitch were hired as Distribution Operator’s and started on Monday. o Engineering – The Engineering Department is advancing the Downtown Varina Pedestrian Improvements Project and should be before the Town Board for award before the end of the calendar year. Staff is advertising for On-Call Professional Service bids. They have received FHWA Construction Authorization for the HL- 0042, NE Judd/Broad Intersection Operational Improvements this week and anticipates advertising this project next week with bids being opened in January 2025 and be brought to the Town Board in February 2025 and construction starting in Spring of 2025. The project will take approximately 12-18 months for completion. o Economic Development – Staff will start the interview process soon for hiring for the Directors position. o Other Information – The Town sold $70 million in bonds for the Terrible Creek Wastewater Treatment Plant Expansion. The Fuquay-Varina Downtown Association had a well-attended and fun Downtown Trick or Treat event. The Sanford Water Filtration Facility had an amazing groundbreaking event and kicked off a model regional partnership between Sanford, Holly Springs, Pittsboro, and Fuquay-Varina. The Fuquay-Varina Downtown Association held a successful and well attended BBQ and Blues event. 11.B Financial Quarterly Report - 1st Quarter FY 2025 11.C Coffee with a Cop - Starbucks - 1380 N. Main Street - Wednesday December 4, 2024 - 9:00 am - 10:00 am 11.D Tree Lighting and Holiday Celebration - Downtown Fuquay-Varina - Thursday December 5, 2024 - 6:00 pm 11.E Zoning Map Amendment & Land Use Plan Amendment - Thomas H Johnson, Jr., Williams Mullen - 5727, 5733, & 5803 Hilltop Road - PINs 0687293420, 0687292136, & 0687280920 - REZ-2024-11 - FIRST READING - (Davison) 11.F Fuquay-Zoning Map Amendment - Jason Galarneau, Gala Construction, LLC - 410 Wade Street - PIN 0666158757 - REZ-2024-15 - FIRST READING - (Davison) BOARD MEMBER COMMENTS Commissioner Harris stated that he attended the National League of Cities City Summit. He reported that the league was celebrating their 100 years of existence, and that the Town of Fuquay-Varina video clip was shown at the conference and well received. The staff of NLC complimented the Town on the application process and how it hit all the points that NLC wanted and how the picture at the Celebrate Fuquay-Varina Festival really hit home and what it meant to be a community. He reported that he enjoyed the conference. Commissioner Adcock stated that he thought it was interesting that the Town of Cary had a park and recreation bond on the ballot this past election and it failed. He reported that he thinks the citizens are a little more discerning with inflation increases and property taxes, but he recommends that next time the Town does a bond to really make sure there is a lot of education that goes along with the bond. Commissioner Wunsch reported that he had a productive meeting with the Triangle Community Coalition, where he gained valuable insights from the discussion. He also shared his involvement with the Fuquay-Varina High School 50th anniversary committee, where he suggested that the Town Board engage in conversations with students to talk about the Town Boards experiences. The committee plans to commemorate this milestone through a year-long series of events. Commissioner Wunsch expressed his enthusiasm for the upcoming tree lighting and Menorah lighting ceremonies, which are expected to be festive and meaningful occasions. He also extended gratitude to management and staff for their dedication to the Downtown Mixed-use Project, a significant undertaking that required a collective effort. Additionally, he looks forward to attending the Junior Women’s League Charity Ball on Friday and wished Town Attorney James Adcock a happy birthday. Commissioner Haynes reported that he had completed his role on the legislative policy committee for the North Carolina League of Municipalities, where he was involved in developing two lists of goals: Group A and Group B. He also shared that he recently attended the National League of Cities City Summit, a great experience that allowed him to connect with other municipal leaders. Commissioner Haynes expressed his enthusiasm about the microtransit plan being presented tonight, which he believes holds great promise for our community. Additionally, he highlighted an upcoming event: this Saturday from 10:00 am to 12:00 pm, the Pine Acres Community Center will be hosting their annual Thanksgiving giveaway, with plans to serve over 200 families and provide a delicious meal. Mayor Pro-Tem Gardner expressed her admiration for the Fuquay-Varina Downtown Association staff, who executed the BBQ, Blues and Brews Festival with exceptional success. She also acknowledged that utilizing the Varina parking lot as an event venue proved to be a good decision, contributing significantly to the festival's overall quality. Mayor Massengill praised the Fuquay-Varina Downtown Association for their efforts in hosting a successful BBQ, Blues and Brews Festival at the Varina parking lot. The site proved to be an ideal location for the event, and he is already looking forward to future events taking place there. He also commended the Fire Department for organizing a well-received Open House event, which drew a strong turnout from the community. Expressing his appreciation for the Fire Department's hard work, Mayor Massengill thanked them for their dedication. Additionally, he reported that several shows at the Arts Center are selling out quickly during this holiday season, highlighting the center's continued growth and vibrancy. Notably, with so many popular events already booked, he suggested considering adding an additional show to next year's schedule to meet growing demand. The following are Mayor Massengill’s past and future events: Past Events 1025 – Police Oath of Office 10/25 – Speak at FV Middle School Civics Class 10/25 – Trick or Treat Downtown 10/26- Fire Department Open House 10/26 – PD Mental Health Resources Event 10/28 – Black History Stakeholders Meeting 10/29 – Speaking at Willow Springs High School 10/29 – Sanford Water Plant Groundbreaking 10/30 – Chamber Ribbon Cutting – Bengal Towne Center 10/31 – FV Middle School Teachers Halloween Costume Contest 11/1 – UNC Rex Hospital – Time Capsule Ceremony 11/1 – Chamber Ribbon Cutting – Ryan Homes at Kipling Village 11/3 – Launch FV Graduation Night Upcoming Events 11/20 – CAMPO Executive Board Meeting 11/21 – Hometown Heros Event 11/21 – Chamber Business After Hours 11/23 – American Legion Post 116 – Chili Cook Off 11/25 – Fuquay-Varina Food Pantry Thanksgiving Share 11/25 – Chamber Ribbon Cutting – Middle Creek Insurance ADJOURNMENT A motion was made to adjourn the meeting at 9:12 p.m. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Adcock MOTION RESULT: Passed Unanimously (5-0) The minutes from the November 19, 2024, Town Board of Commissioners regularly scheduled meeting are adopted this 2nd day of December in the year 2024 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Teresa Wilder, Town Clerk