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Board of Commissioners

Regular Meeting

Fuquay-Varina, NC · January 6, 2025

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Minutes

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting January 6, 2025 J. Blake Massengill, Mayor Marilyn Gardner, Mayor Pro-Tem The Regular Meeting of the Fuquay-Varina Town Board William H. Harris, Commissioner Bryan Haynes, Commissioner scheduled for Monday, January 6, 2025, at 7:00 p.m. Charlie Adcock, Commissioner Jason Wunsch - Commissioner was held at the Fuquay-Varina Town Hall, 134 N Main Adam G. Mitchell, Town Manager Street, Fuquay-Varina, NC. Mark D. Matthews, Assistant Town Manager James (Jim) E. Seymour, Assistant Town Manager Teresa Wilder, Town Clerk James S. Adcock, III, Town Attorney Mayor Blake Massengill, Mayor Pro-Tem Marilyn Gardner, Commissioners William Harris, Bryan Haynes, Charlie Adcock, and Jason Wunsch were in attendance. Also in attendance were 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. Town Manager Adam Mitchell was absent due to an illness. CALL TO ORDER Mayor Massengill called the meeting to order at 7:02 pm. INVOCATION AND PLEDGE Pastor Jimmy Lunsford with Church Alive provided the invocation, and HR Analyst Karin Wanner led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Assistant Town Manager Jim Seymour reviewed the meeting protocol, noting that it was in-person and live-streamed on the Town’s YouTube Channel and Facebook Page. APPROVAL OF MINUTES 3.A The January 6, 2025, Town Board of Commissioners Regular Scheduled Meeting. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4.A Recognition - Board of Adjustment Members Purpose – To recognize Board of Adjustment members who have concluded their service to the Town of Fuquay-Varina. Staff Comments—Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the town's official record. She then provided information about the agenda item by making the following remarks. William Hartman was appointed an In-Town representative in 2017 and has been vice chair since July 2024. Dan Miller was appointed an ETJ representative in 2017 and has served as Chair since 2022. Qisoundra Flowers was appointed an In-Town representative in 2021. Mayor Massengill thanked them for their service to the Town of Fuquay-Varina and looking forward to the new members serving. 4.B Recognition - Human Resources Staff Certifications Purpose – To recognize Human Resources staff for certifications from the Public Sector Human Resources Association (PSHRA). Staff Comments—Human Resources Director Wendy Moody entered the agenda abstract and supporting documents for this agenda item into the town's official record. She then provided information about the agenda item by making the following remarks. The human resource staff comprises members of the Public Sector Human Resources Association (PSHRA). PSHRA offers two credentials: PSHRA-CP (certified professional), designated for entry- level to mid-level public sector HR professionals & PSHRA-SCP (senior certified professional), selected for senior-level public sector HR professionals. These certifications are recognized internationally and are considered the premier credentials for public-sector HR professionals. Successfully passing these exams reflects their competency in key areas of human resource management within the public sector, including recruitment and selection, classification and compensation, employee relations, labor laws, and compliance. Karin Wanner and Robin Savage, HR Analysts, earned the designation of Certified Professionals. They bring over 25 years of Human Resource experience to the Town. Wendy Moody, HR Director, has 30 years of Human Resource experience and earned the designation of Senior Certified Professional. Receiving these certifications demonstrates a commitment to professional development and enhances credibility within the public sector HR field. Mayor Massengill thanked them for continuing their education and working with the Fuquay- Varina staff, and he congratulated them on earning this certification. Assistant Town Manager Mark Matthews stated that management appreciates them earning these top certificates in their field and encourages other Town employees to develop and grow their abilities. PUBLIC COMMENTS 5.A No one chose to speak during public comments. ITEMS PREVIOUSLY TABLED 6.A No items were previously tabled for the January 6, 2025 Town Board meeting. PUBLIC HEARINGS 7.A Resolution for Street Name Change - Dublin Creek Drive to Meadow Walk Drive Purpose – To consider a resolution to rename Dublin Creek Drive to Meadow Walk Drive. 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. Due to development in the area, Meadow Walk Drive and Dublin Creek Drive in the McLaurin Subdivision are proposed to be connected in the new Vinci Subdivision. This connection would result in two different addressing blocks butting against one another, which would cause confusion and potentially delay emergency response and delivery services. This change will affect twenty parcels, but most are currently unoccupied or have not yet been built upon. Due to the construction of spec homes, some homes may close during road renaming. The three developers of the affected lots support the change and request that Dublin Creek Drive be changed to Meadow Walk Drive rather than the opposite. The entirety of Dublin Creek Drive is in the Town Limits; therefore, Wake County will not be required to hold an additional public hearing as they have in recent street name changes. The impacted property owners have received notice of this hearing; signs have been posted at each end of the street in question, and the notice was published in Wake Weekly per NC General Statutes requirements for public hearings. If the renaming receives approval, readdressing for the affected parcels will begin after that, with the effective date of the address changes 30 days post-approval. The Town has already notified property owners whose addresses will change via mail, and the property owners will receive an official address change letter immediately after Town Board approval. All adjacent property owners within 200' (whose addresses are unaffected) were notified of this public hearing as required by NC General Statutes. Public Hearing: No one spoke in favor of the street name change. Carol Hunter, 291 Dublin Creek Drive, spoke in opposition. Discussion—Mayor Massengill asked if this road has always been planned as a loop road. Planning Director Pam Davison responded that the developers of the Vinci Subdivision planned it that way. Mayor Massengill asked how the name of the road was developed. Planning Director Davison explained that the change came up as the Vinci subdivision was being developed, and staff started looking at the address that would have been required. They didn’t know what the stub streets would connect to. Staff realized that if the street names had not been changed, it would have caused confusion and a safety concern. She informed them that Wake County was also on board for the street name change. She explained that it is a science to name a street when it has north, south, east, and west roads. When someone is driving, you know the numbering is odd on one side and even on the other side. Mayor Massengill asked if there were any concerns about public safety. Planning Director Davison responded that public safety officials would like it to be a single-name road. Mayor Pro-Tem Gardner asked if one of the main reasons for the change is that emergency vehicles are looking for an address and that it is a safety issue. Planning Director Davison responded that this was correct, making locating the address easier. Commissioner Haynes asked if letters had been sent to the residents regarding the street name change. Planning Director Davison responded that, according to the Wake County tax records, a series of letters had been sent to all the property owners. Recommendation – Approve a resolution for street name change to change Dublin Creek Drive to Meadow Walk Drive as presented and recommended. Resolution No. 25-1907 MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) 7.B Zoning Map Amendment - Mohamed Kayyali - 426 & 428 Longfellow Street - PINs 0657704319 & 0657703399 - REZ-2024-14 – Item was tabled for consideration until January 21, 2025, Town Board Meeting Purpose – To consider a requested zoning map amendment for a total of 0.169 acres, located at 426 & 428 Longfellow Street, from the Residential Low Density (RLD) Zoning District to the Town Center Residential (TCR) Zoning District. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item and made the following remarks. The subject property comprises two lots (Lots 195 & 196 from the original Lincoln Heights Subdivision BM1945-PG79) and totals 0.169 acres within the Town's corporate limits. Both lots are currently vacant and generally cleared. Section 9-1505 in the Land Development Ordinance defines Lots 195 and 196 as Lots of Record, as the Wake County Register of Deeds recorded them before December 30, 2016. As such, the property owner is permitted by the right to construct one single-family home on each lot. LDO Section 9-1505 also has provisions, similar to this case, where the lots are unable to conform to the lot area and setback standards of the RLD zoning district, that the minimum side setback may be reduced to five feet, and the minimum rear setback may be reduced to ten feet. The requested TCR zoning and proposed townhouse development will bring the property into compliance with the current codes and standards instead of developing under the Nonconforming Lot of Record allowances. The zoning map amendment petition requests approval of the Town Center Residential (TCR) Zoning District, which is intended to provide for residential development of varying types to support the downtown center districts. It is generally applicable only within the Judd Parkway loop. The TCR Zoning District requires the submittal of a master plan; however, proposed developments totaling four (4) lots or fewer are permitted to submit a plot plan instead of the required master plan. This zoning map amendment requests two (2) lots, and as such, a plot plan has been submitted. As the plot plan illustrates, the proposal is to develop two (2) townhouses, one (1) on each property. The petitioner has requested that only townhouses be permitted at the subject properties. The petitioner has requested the following site-specific conditions be made applicable to the subject properties: 1) Vinyl siding is prohibited except for windows, decorative elements, and trim. 2) A street tree will be provided in the lot's front yard. 3) All homes will include architectural shingles in a color that compliments the neighborhood. 4) Both homes shall have a front door with a minimum of 25% glazing, transom, and/or door sidelights. 5) Both homes will have a covered entry or front porch. The surrounding property is primarily residential with various densities, making up the neighborhoods that begin the transition into downtown. Furthermore, Lincoln Heights Elementary School is to the west of the properties, and Action Park is to the east. The 2040 Community Vision Land Use Plan (LUP) calls for the Town Center Residential (TCR) classification at the subject properties. Land classified as TCR supports a mix of low to moderate- density homes near the downtown districts. These neighborhoods offer different choices for residents wanting to live near and experience downtown daily. 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 4.1: Manage Future Growth and Development in Accordance with the Priority Infrastructure Investment Areas Map as the subject property falls within the Tier 1-JP: Priority Investment, Inside Judd Parkway. As such, the requested change is consistent with the 2040 LUP's vision. Public water and sewer utilities are available to serve the subject properties. The subject properties are located on and have access to Longfellow Street, which is classified as a local street in the Town's 2040 Comprehensive Transportation Plan (CTP). The street is a town- maintained road, so NCDOT traffic counts are unavailable. The petitioner held a neighborhood meeting on September 27, 2024, at 820 S Main Street, Fuquay-Varina, NC. The meeting report is attached. The 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 Town Center Residential (TCR) designation. 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 creating various housing types per the 2040 LUP's policy 4.1: Manage Future Growth and Development per the Priority Infrastructure Investment Map. At the December 16, 2024, regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing: No one spoke in favor of the zoning map amendment. Danielle Caro, 414 Longfellow Street, spoke in opposition. Discussion—Mayor Massengill asked about the process for setbacks. Planning Director Pam Davison explained that the Town requires an as-built survey of the foundations to be submitted after they are constructed to ensure and demonstrate that the setbacks have been met. Mayor Massengill asked what would happen if something were not built to the setback requirements. Inspection Director Chris Hinnant explained that the foundation might have to be removed or relocated. Planning Director Davison explained that property lines are invisible, so as- builts are required. A surveyor certifies those property lines and where the foundation can be built. Mayor Massengill asked about minimum housing in Fuquay-Varina. Inspections Director Hinnant stated that anyone can call the Town and get a minimum housing inspection anytime for any resident living in a house they don’t feel is safe. Mayor Massengill stated that any tenant in Fuquay-Varina can call and get a minimum housing inspection, and state law is followed when doing these inspections. Inspections Director Hinnant responded that was correct. Commissioner Haynes stated that he had received around 50 complaints regarding another property close to this and how it is an eyesore to everyone in the neighborhood. He explained that he does not want to see this property become what the other property has become and how the Town Board ensures this does not happen in the future. Assistant Town Manager Mark Matthews explained that the Town accepts town code compliance complaints at any time, and a Town Code Enforcement Officer can go out and inspect the property. He reported that this eye- sore property is already being worked through with the process. Commissioner Harris reported that all this resulted from the zoning laws implemented in the 1940s. He stated that in the 1960s, new housing laws were implemented, and there is a need to look at how to use development standards patterns for that neighborhood because of the historical impact that it has had on the quality of life for today. He explained that it is unfair to the residents in this neighborhood who have bought homes and paid taxes, and this is the kind of result they get. He explained that the Town Board needs to make a statement about the quality of housing that is wanted in the Lincoln Heights area. He stated the need to encourage developers who want to develop in this area to look at the minimum standards and have higher quality standards. Mayor Massengill asked what could be built on this property if the Town Board did nothing with this request. Planning Director Davison explained that two houses could be built, one on each lot with a five-foot side, 10-foot rear, and no zoning conditions. She reported that they offer some zoning conditions affecting the house's appearance. They're offering a street tree, glazed front doors, no vinyl siding, a covered entry or front porch, and the plot plan, which staff could know what it would be. Commissioner Haynes stated that this is becoming a trend, and the property owners can still technically build what they want. He reported that it is to the point now that the town needs to get the best quality product from these projects. Commissioner Harris moved to deny the zoning map amendment. The motion died for lack of a second. Commissioner Haynes made a motion to continue consideration. Mayor Massengill asked when he would like to return this item to the Town Board. Commissioner Haynes stated that he would like the property owner to come to the January 21, 2025, Town Board meeting and assure what will be built. Mayor Massengill asked why they were bringing this request to the Town and if they could go ahead and build what they would like. Assistant Town Manager Jim Seymour explained that several other developments have occurred throughout the community, and working with the Town to get those zoning requirements benefits the Town, so this is an example of a developer working with the Town to get those benefits. Town Attorney James Adcock gave some direction to table consideration and bring back the information the Town Board is looking for at the January 21, 2025, Town Board meeting. Assistant Town Manager Seymour asked for clarification on what the Town Board expected at the January 21, 2025, meeting. Mayor Massengill stated that they would like the developer to attend the next Town Board meeting, share how they are going to avoid creating the same concerns that the neighborhood has on the other piece of property and make the Town Board feel good about how they are going to be good neighbors and citizens. Recommendation – Approve REZ-2024-14, a zoning map amendment at 426 & 428 Longfellow Street, from the Residential Low Density (RLD) Zoning District to the Town Center Residential (TCR) Zoning District as it is reasonable and in the best interest of the public for the reasons identified by management and staff. Item was tabled for consideration until the January 21, 2025 Town Board meeting. MOTION: Commissioner Haynes SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) 7.C Zoning Map Amendment - Wayne Mauldin, Mauldin-Watkins Surveying, PA - 10101 & 10125 Division Drive - PINs 0688568056 & 0688557830 - REZ-2024-16 Purpose – To consider a requested zoning map amendment for a total of 2.87 acres, located at 10101 and 10125 Division Drive, from the Heavy Industrial (HI) Zoning District to the Research Light Industrial Conditional Zoning District (RLI-CZD). Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item and made the following remarks. The subject properties total 2.87 acres and are within the Town's corporate limits. Each parcel contains an existing structure with several tenants. The two properties were zoned as heavy industrial before 2016 and were developed as flex spaces under the applicable standards. In 2022, the Town updated the permitted use tables. It determined that retail uses and uses that incorporate public interaction and assembly were inappropriate in heavy industrial districts. While tenants present at the time of the Amendment's adoption would be permitted to remain, new tenants would be required to fit into only uses permitted in the heavy industrial district. This requested industrial zoning adjustment to Research Light Industrial will shift the property into the correct zoning classification to support the continued use of the properties as flex space and align the properties with their immediate neighbors. The properties are currently zoned Heavy Industrial (HI) Zoning District. The zoning map amendment petition requests the approval of the Research Light Industrial Conditional Zoning District (RLI-CZD). This zoning district is intended to permit new development of employment centers for research and development and business facilities, including but not limited to the areas of advanced manufacturing, pharmaceutical, medical and biosciences, information technologies, defense services, and technology, interactive gaming and web design, nanotechnologies, job training, professional and medical offices, and small-scale commercial and retail use to serve the Research Light Industrial (RLI) Zoning District. The petitioner has requested that the following uses be prohibited at the subject properties: 1) Substation, Electrical 2) Water/Wastewater Facility, Private 3) Drive-In Theater 4) Flea Market 5) Yard Sale 6) Bona Fide Farm Surrounding properties are primarily industrial, commercial, and civic, with residential uses to the east and Banks Road Elementary School and Banks Road Park to the southeast. More specifically, the adjacent properties along Division Drive are all zoned and developed as Research Light Industrial. The 2040 Community Vision Land Use Plan (LUP) calls for the Industrial (IND) classification at the subject properties. Land classified as IND provides opportunities to concentrate employment clusters in the Town. They support both large-scale, single-tenant industrial, warehouse, and flex space buildings and smaller, multi-tenant industrial buildings that are clustered and may support and serve one another. Industrial areas are typically buffered from surrounding development by tree preservation areas or landscaped areas, with the type and size of the buffer being a function of the activities being performed on the site. 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 2.6: Encourage Commercial Development as the properties house several existing businesses. Additionally, the zoning amendment supports the Land Use Plan's overall goal of preserving and maintaining industrial areas in strategic areas. As such, the requested change is consistent with the 2040 LUP's vision. Public water and sewer utilities already serve the subject properties. The subject properties are located along Division Drive and can be accessed. Division Drive is classified as a local street in the Town's 2040 Comprehensive Transportation Plan (CTP). The street is a town-maintained road, so NCDOT traffic counts are unavailable. Banks Road is classified by the Town's 2040 Comprehensive Transportation Plan (CTP) as an 80-foot right-of-way and is identified as being a two (2)-lane, two-way left turn lane (TWLTL) with sidewalks and a future carrying capacity of 12,500 ADT. It is currently a two (2)-lane road with a carrying capacity of 9,500 ADT. 2023 NCDOT traffic counts taken directly in front of the subject properties indicated a volume of 8,400 ADT. The petitioner held a neighborhood meeting on November 6, 2024, at 139 N Main Street, Fuquay- Varina. The meeting report is attached, and the staff takes no position regarding 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 Industrial (IND). 2) The requested zoning district is complementary to the existing uses in the vicinity and consistent with the properties' current use. 3) The requested zoning district supports preserving commercial and industrial areas per the 2040 LUP's policy 2.6: Encourage Commercial Development, as the properties house several existing businesses. 4) The zoning amendment supports the Land Use Plan's overall goal of preserving and maintaining industrial areas in strategic areas. At the December 16, 2024, regular meeting, the Planning Board voted unanimously to recommend approval. Public Hearing: Wayne Mauldin, 139 N. Main Street, spoke in favor of the zoning map amendment. No one spoke in opposition. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve REZ-2024-16, a zoning map amendment for 10101 and 10125 Division Drive, from the Heavy Industrial (HI) Zoning District to the Research Light Industrial Conditional Zoning District (RLI-CZD) as it is reasonable and in the best interest of the public for the reasons identified by management and staff. Ordinance No. N-25-02 MOTION: Commissioner Haynes SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8.A Fiscal Year 2025-2026 Budget Development Schedule Purpose – To consider approval of a budget development schedule for the Fiscal Year 2025-2026 budget process. Recommendation – Approve the Fiscal Year 2025-2026 Budget Development Schedule as presented and recommended. 8.B Surplus - Debris Department Equipment Purpose – To consider surplusing Debris Department Units 10 and 32 and authorizing the sale of these items on GovDeals. Recommendation – Surplus Debris Department Units 10 and 32, and authorize the sale of these items on GovDeals. 8.C Town Code Amendment – Former Fuquay-Varina Middle School Ordinance Cleanup - Appendix I: Traffic Purpose – To consider an amendment to the Town Code of Ordinances to remove items related to the closed Fuquay Varina Middle School, Appendix I – Traffic. Recommendation – Amend the Code of Ordinances to remove items related to the former Fuquay Varina Middle School, Appendix I - Traffic - Sections 105, 121, 122, and 126 as presented and recommended. Ordinance No. M-25-01 8.D Abandonment of Right-of-Way - Resolution Declaring the Intent to Close Sunset Drive - SC-2024- 03 Purpose – To consider a resolution declaring the intent to abandon a public street right-of-way for Sunset Drive, approximately 862 linear feet, following an application submitted by Wake County Public School System. Recommendation – Adopt the Resolution declaring the intent to close Sunset Drive (approximately 862 linear feet) in its entirety from Johnson Pond Road to its western terminus, as presented and recommended. Resolution No. 25-1908 8.E Surety - Midtown Subdivision - Model Home - $724,429.69 Purpose –To consider a surety request to initiate construction of a model home at the Midtown Subdivision before the recordation of the associated lot for $724,429.69. Recommendation – Approve the underlying agreement and acceptance of a surety for the Midtown Subdivision Model Home infrastructure for $724,429.69 as presented and recommended, subject to Town Attorney review as to form. A motion was made to approve all Consent Agenda Items 8A- 8E. MOTION Commissioner Adcock SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) ITEMS REMOVED FROM CONSENT 9.A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10.A Contract Award – 2024-2025 Pavement Preservation Project Purpose – To consider awarding a contract for the construction of the 2024-2025 Pavement Preservation Project (Town Project No. 24-03) to Pavement Technology, Inc. for $191,455.88. Staff Comments—Engineering Director Matt Poling entered the agenda abstract and supporting documents for this agenda item into the town's official record. He then provided information about the agenda item by making the following remarks. The Pavement Preservation Project involves applying preservative and restorative treatments to approximately 11.3 miles of the Town's street network. The construction contract was advertised on November 15, 2024, and bids were publicly opened at the John W. Byrne Municipal Building on December 6, 2024. Pavement Technology, Inc. submitted the sole responsive and responsible bid for $191,455.88. Town staff anticipated receiving only one bid, as Pavement Technology, Inc. is the only known contractor in the region capable of providing the specialized pavement rejuvenator treatment. The Town's roadway consultants, Withers and Ravenel, recommended pavement preservation work. Several of Fuquay-Varina's peer communities have successfully implemented pavement preservation work on roadways installed within the last five to 10 years. Pavement Preservation work is intended to improve or sustain the condition of roadways in good condition. Constructing quality pavement preservation treatments when roadway conditions are suitable can impede deterioration, extend service life, and cost-effectively improve functionality. Pavement preservation work is helping the Town and developers who construct the Town's roadway infrastructure maintain roadway structural integrity and the investments made throughout the community. The pavement rejuvenator treatment delivers a quick and minimally invasive application process. Unlike other preventive maintenance seal coats, this treatment does not significantly alter the appearance of the roadway surface. It penetrates the asphalt to restore and protect the pavement, extending its service life by 3 to 5 years. Construction is expected to begin in the Spring of 2025, with project completion anticipated by the end of June 2025. To support the contract award, staff required documentation confirming Pavement Technology, Inc.'s unique qualifications and approved status. Additionally, the public bid advertisement ensured that any other qualified contractors had an opportunity to participate. Town staff recommends that the Board approve the award of the 2024-2025 Pavement Preservation Project contract to Pavement Technology, Inc. for $191,455.88 and authorize the Town Manager to execute the contract, subject to the Town Attorney as to form. The Town Board has approved an annual budget of $1,200,000 for pavement maintenance, repair, and street resurfacing. This project cost is $191,455.88. Discussion—Mayor Massengill responded that this project costs around $18,000 per mile to resurface, which is a good cost savings to taxpayers. Mayor Massengill asked if there would be another resurfacing after five years. Engineering Director Poling explained that there are other treatment options. Commissioner Adcock asked for an explanation of this product. Engineering Director Poling explained that it is like a seal coat that will be spread across the road. Commissioner Adcock asked if this was a one-time thing. Engineering Director Poling explained that a Capital Predictor model is used to determine what type of treatment to use. Commissioner Adcock asked if Powell Bill money could be used to fund this project. Engineering Director Poling responded that it could be used. Mayor Massengill asked when the Capital Predictor model was purchased. Engineering Director Poling stated that it was purchased a while ago and that modules have been added to the software over the years. Recommendation – Award a contract for construction of the 2024-2025 Pavement Preservation Project (Town Project No. 24-03) to Pavement Technology, Inc. for $191,455.88 and authorize the Town Manager to execute the contract on behalf of the Town, subject to the Town Attorney’s review as to form. MOTION: Commissioner Adcock SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) 10.B Contract Award, Budget Amendment, and Project Ordinance Amendment – BL-0022 Downtown Varina Pedestrian Improvements Purpose – To consider approving a Budget Amendment and associated Project Ordinance Amendment for $1,800,000 and awarding a contract to construct the Downtown Varina Improvements Project (BL-0022) to Hollins Construction Services, Inc. for $1,882,867.00. Staff Comments—Engineering Director Matt Poling entered the agenda abstract and supporting documents for this agenda item into the town's official record. He then provided information about the agenda item by making the following remarks. The Town was awarded grant funding for an FY 2021-2022 project to improve roadway and pedestrian facilities along North Street and Ransdell Road in the Downtown Varina district. The project will include approximately 4,000 feet of new sidewalks, crosswalks, curb and gutter, and storm drainage. These improvements will enhance connectivity, providing better access to key areas such as Fuquay-Varina High School and benefiting the local community and students. The construction contract was advertised on October 31, 2024, with bids publicly opened at the John W. Byrne Municipal Building. Hollins Construction Services, Inc. submitted the lowest responsive and responsible bid of $1,882,867. Construction is anticipated to commence in Spring 2025, following the NCDOT paving moratorium from December 15 to March 15, with project completion expected by March 2026. Town staff recommends the approval of a Budget Amendment (25-11) and the associated Project Ordinance Amendment for $1,800,000, the award of the construction contract to Hollins Construction Services, Inc., to complete the Downtown Varina Improvements Project (BL-0022) for $1,882,867, and authorization for the Town Manager to execute the contract on behalf of the Town, subject to the Town Attorney’s review as to form. The Town originally submitted to CAMPO for funding this project in FY 2021-2022 and was awarded funding. The Town Board has established a project ordinance of $1,457,490.00. Existing project funds include $1,165,992.00 (80%) in Federal Highway Administration (FHWA) funds (LAPP/STP-DA) and $291,498 (20%) in Town match. Due to COVID delays, NCDOT budget shortfalls, and increased construction costs, an additional $1,800,000 is needed to complete the project. The updated estimated total project cost is $3,257,490. The Town has spent approximately $420,000 on design and right-of-way acquisitions. Once construction begins, the Town expects to pay an estimated $766,676 on construction, engineering, inspection services, and NCDOT administrative/review charges. Town Staff has engaged NCDOT and CAMPO to seek additional funding to cover the overages associated with the increases. It will bring a supplemental agreement to the Town Board at a future meeting. The attached project ordinance amendment appropriates $1,800,000 of the South District Fee in Lieu Transportation account for the project's additional costs. Should additional outside funding become available, the South District Fee in Lieu account funds will be returned to its reserve account. Discussion— Commissioner Adcock asked what made the cost increase so much. Engineering Director Poling explained this was initially awarded in 2021, and the cost estimates were delayed during COVID, and then construction prices just went through the roof, inflation, and delays. Mayor Massengill stated that this project will move forward as staff works on reimbursement from CAMPO. Engineering Director Poling explained that the funds are being borrowed temporarily from the fee-in-lieu account while staff seeks additional funding from CAMPO to help pay for the overages. Recommendation – 1) Approve a Budget Amendment (BA-25-11) in the amount of $1,800,000, along with its corresponding Project Ordinance Amendment (POA-25-12); and 2) Award a contract for the construction of the Downtown Varina Pedestrian Improvements Project (BL-0022) to Hollins Construction Services, Inc. in the amount of $1,882,867 and authorize the Town Manager to execute the contract on behalf of the Town, subject to the Town Attorney’s review as to form. Ordinance No. N-25-03 MOTION: Commissioner Wunsch SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) 10.C On-Call Engineering Services Firm Selection Purpose – To consider entering into a two-year agreement with six engineering firms for on-call preliminary engineering services. Staff Comments—Engineering Director Matt Poling entered the agenda abstract and supporting documents for this agenda item into the town's official record. He then provided information about the agenda item by making the following remarks. On October 15, 2024, the Town requested Letters of Interest (RFLOI) for preliminary engineering on-call services for a two-year term with the ability to extend up to one additional year. The on- call engineering service contracts aim to streamline the selection of professional services in compliance with the Mini-Brooks Act to reduce project schedules, meet grant funding timelines, and make staff time more efficient. The RFLOI was advertised on the Town and NCDOT's website. The proposed scope for the preliminary engineering services included in the RFLOI is as follows: Scope of Work: Professional services being requested may include: Perform professional engineering design, land surveying, subsurface utility engineering, geotechnical investigations, cost estimation, project management, environmental documentation and permitting, public engagement, and right-of-way acquisition on Federally Funded Projects. By November 15, 2024, the Town had received 21 Letters of Interest consisting of 15 pages from the following engineering firms: Alpha and Omega Group A. Morton Thomas and Associates, Inc. (AMT) Benesch Colliers Energy Land & Infrastructure Exult Engineering PC Freese and Nicols KCI Associates of North Carolina, PA Kimley-Horn Kittelson Lochner Michael-Baker Mott MacDonald Rummel, Klepper, & Kahl (RK&K) Stantec Consulting Services Summit Design and Engineering Services Telecommunication & Industrial Consulting Services Corp (TELICS) Thompson-Gordon-Shook (TGS) Transystems Corporation Vias Infrastructure, PLLC Wetherill Engineering A selection committee composed of Engineering and Public Utilities Department staff reviewed each firm's letters of interest. The firms were ranked based on the following: 1. Firms Qualifications Firm/team's experience, knowledge, familiarity, and past performance with planning, design, and engineering services for the NCDOT work codes listed in the RFQ. Previous client satisfaction with similar work and the proximity of the proposed consultant team and office to the Town will be considered. 2. Key Personnel Qualifications and Team Experience Proposed personnel qualifications, experience, knowledge, familiarity, past performance with the desired services, and similar on-call contract experiences with local governments. 3. Relevant Current & Recent Projects Quantity and relevance of listed projects within the last five (5) years with the involvement of the proposed staff, preferably with multiple key members working together. Consideration will be given to relevant project experience applicable to various team members within the last ten (10) years. 4. Project Approach Project approach that demonstrates the ability to deliver high-quality results on projects, use techniques that improve the speed of total project delivery, and provide the reduced total cost of design and construction phases. The recommended firms to enter into an on-call services agreement are ranked as follows: 1) Kimley-Horn 2) Exult Engineering 3) TranSystems 4) RK&K 5) Stantec 6) Kittelson The staff is familiar with the recommended engineering firms and believes each is qualified and will deliver quality work. Therefore, management and staff recommend that the Town Board authorize the Town Manager to enter into two-year on-call preliminary engineering services agreements with each of the recommended firms in a form acceptable to the Town Attorney. Town management and staff will continue to bring individual contract awards for specific projects with an agreed-upon scope and fee to the Town Board. There is no fiscal impact at this time. The scope and fee for PE Services will be determined as project needs dictate and will be brought to the Town Board for individual project approval. Discussion— There was no discussion from members of the Town Board regarding this matter. Recommendation—Approve the selection of engineering firms Kimley-Horn, Exult Engineering, Transystems, RK&K (Rummel, Klepper, and Kahl), Stantec, and Kittelson for Engineering On-Call services and authorize the Town Manager to enter into a two-year, on-call preliminary engineering services agreement with the recommended engineering firms, subject to the Town Attorney's review of form. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11.A Manager’s Report Assistant Town Manager Mark Matthews gave the additional following updates: o Police Department – Police Department staff Officer Williscroft and Officer Godwin will take on new roles in the department and be assigned to the Criminal Investigation Divisions as investigators. This will take place in the next few weeks. The Police Honor Guard Team presented the colors at last night’s Carolina Hurricanes games. o Fire Department – Fire Department Station #4 has been awarded a 2025 SPACE Award for new construction by the Triangle Business Journal. The project will be recognized at an awards banquet on February 13, 2025. Fire Captain Michael Altier will be recognized as the 2024 Town Employee of the Year by the Fuquay-Varina Women's Club at their meeting on February 10, 2025. Congratulations to the Fire Department family on the arrival of three new members, two baby girls and one baby boy, since the start of November. Everyone is doing well; two little ones have already visited the fire station. o Parks and Recreation—The Parks and Recreation Spring 2025 youth sports registration started today for Town residents. Register early, as limited spaces are available. Hilltop Needmore Town Park Community Center continues to make significant progress. The final trade inspections and punch list walks are scheduled for this week. o Public Works—The Street Department has hired Cory Bowie as a street maintenance worker. They also completed the demolition of the interior of the storage building at the Hill. This completes the plan to fully dedicate that building to improved storage and maintenance of the Town's Christmas decoration inventory. The Public Works Director Tracy Stephenson was elected chair of the CAMPO Technical Coordinating Committee, the staff advisory committee to CAMPO’s Executive Board. o Communications – The Communications Department held a social media training at the end of December. Communications and Marketing Specialist Alex Baumann graduated from the Chamber's Leadership program. The preparations for the State of the Town have started. The Town of Fuquay-Varina and Black History Stakeholders Group is bringing together artists and audiences to celebrate the diversity of African American music traditions through a unique showcase of artistry and performance for Black History Month this coming February. The events will kick off with a Gospel Showcase at the Arts Center on Feb. 1st at 2 pm. Other performers will take center stage at the Arts Center throughout the month, bringing other rich musical traditions, including the Masters of Soul and Shana Tucker in the Icons of Jazz series. o Public Utilities Department—The Public Utilities Department wants to remind citizens to winterize all plumbing fixtures. The waterline replacement project on Main St. from Academy St. to Jones St. will start in the next several days and is expected to last until May. Updates to the project will be shared on the Town’s social media platforms. The Ennis St. waterline replacement project is out to bid, with a bid opening date set for January 23, 2025. o Planning Department – The Planning Department in 2024 performed 41 subdivision reviews and 34 commercial site plan reviews. o Engineering Department—The Engineering Department has advertised the HL-0042, NE Judd/Broad Intersection Operational Improvements. Bids will be opened on February 4, 2025, and an agenda item will be brought to the Town Board for award at the second meeting in February 2025. Construction is anticipated to begin in Spring 2025 and last approximately 12- 18 months. 11.B Coffee with a Cop - Happy's Country Club - 105 Raleigh Street – Wednesday, January 8, 2025 - 9:00 am - 10:00 am 11.C Police Department - Friends with Wisdom - Calyx Living Fuquay-Varina - 1121 E. Academy Street -Wednesday, January 22, 2025 - 9:00 - 10:00 am 11.D Rev. Dr. Martin Luther King, Jr. Celebration – Cultural Arts Society of Fuquay-Varina - January 20, 2025 11.E Black History Stakeholders Event - Gospel Showcase-Unity in the Community - Fuquay-Varina Arts Center - Saturday, February 1, 2025 - 2:00 pm - Fuquay-Varina Arts Center BOARD MEMBER COMMENTS Commissioner Harris had no comments. Commissioner Adcock had no comments. Commissioner Wunsch had no comments. Commissioner Haynes had no comments. Mayor Pro-Tem Gardner wished everyone a happy New Year. Mayor Massengill wished everyone a happy New Year. The following are Mayor Massengill’s past and future events: Past Events 12/18 – Chamber Board Meeting Upcoming Events 1/8 – Business Exchange Breakfast 1/8 – Coffee with a Cop – Happy Country Club 1//9 – Grand Opening of New Office – Revels Turl & Tractor 1/10 – Chamber Ribbon Cutting – Embracing Hearts 1/13 – Police Oath of Office 1/13 – Black History Stakeholders Meeting 1/14 – FVDA Board Meeting 1/14 – Chamber Ribbon Cutting – Cleaning Family Business 1/15 – Chamber Board Meeting 1/15 – CAMPO Exec. Board Meeting 1/16 – Business After Hours 1/17 – Judge Ballentine Elementary School Spelling Bee 1/18 – Art Appreciation – Windsor Point 1/20 – MLK, Jr. Celebration 1/20 – Wake County Mayors Association ADJOURNMENT A motion was made to adjourn the meeting at 8:16 p.m. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Adcock MOTION RESULT: Passed Unanimously (5-0) The minutes from the January 6, 2025, regularly scheduled meeting of the Town Board of Commissioners are adopted this 3rd day of February in the year 2025 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, January 06, 2025 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 - December 17, 2024 Town Board of Commissioners Regular Scheduled Meeting 4. Presentations 4.A Recognition - Board of Adjustment Members - (Davison) 4.B Recognition - Human Resources Staff Certifications - (Moody) 5. Public Comment The public is invited to address the Town Board. 6. Items Tabled From Previous Meeting 7. Public Hearing 7.A Resolution for Street Name Change - Dublin Creek Drive to Meadow Walk Drive - (Davison) 7.B Zoning Map Amendment - Mohamed Kayyali - 426 & 428 Longfellow Street - PINs 0657704319 & 0657703399 - REZ-2024-14 - (Davison) 7.C Zoning Map Amendment - Wayne Mauldin, Mauldin-Watkins Surveying, PA - 10101 & 10125 Division Drive - PINs 0688568056 & 0688557830 - REZ-2024-16 - (Davison) 8. Consent Agenda 8.A Fiscal Year 2025-2026 Budget Development Schedule – (Mitchell) 1 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA JANUARY 06, 2025 PAGE 2 8.B Surplus - Debris Department Equipment - (Stephenson) 8.C Town Code Amendment – Former Fuquay-Varina Middle School Ordinance Cleanup - Appendix I: Traffic - (Stephenson) 8.D Abandonment of Right-of-Way - Resolution Declaring the Intent to Close Sunset Drive - SC-2024-03 - (Davison) 8.E Surety - Midtown Subdivision - Model Home - $724,429.69 - (Davison) 9. Items Removed From Consent This section is reserved for items removed from the consent agenda for separate consideration. 10. Administrative Reports 10.A Contract Award – 2024-2025 Pavement Preservation Project - (Poling) 10.B Contract Award, Budget Amendment, and Project Ordinance Amendment – BL-0022 Downtown Varina Pedestrian Improvements - (Poling) 10.C On-Call Engineering Services Firm Selection - (Poling) 11. Other Business 11.A Manager's Report 11.B Coffee with a Cop - Happy's Country Club - 105 Raleigh Street - Wednesday January 8, 2025 - 9:00 am - 10:00 am 11.C Police Department - Friends with Wisdom - Calyx Living Fuquay-Varina - 1121 E. Academy Street -Wednesday, January 22, 2025 - 9:00 - 10:00 am 11.D Rev. Dr. Martin Luther King, Jr. Celebration – Cultural Arts Society of Fuquay-Varina - January 20, 2025 11.E Black History Stakeholders Event - Gospel Showcase-Unity in the Community - Fuquay-Varina Arts Center - Saturday, February 1, 2025 - 2:00 pm - Fuquay-Varina Arts Center 12. Town Board Member Comments Mayor and Commissioners 13. Closed Session 14. Adjourn 2 2 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA JANUARY 06, 2025 PAGE 3 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 3

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