Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting February 3, 2025 J. Blake Massengill, Mayor Marilyn Gardner, Mayor Pro-Tem William H. Harris, Commissioner The Regular Meeting of the Fuquay-Varina Town Bryan Haynes, Commissioner Board scheduled for Monday, February 3, 2024, Charlie Adcock, Commissioner Jason Wunsch - Commissioner at 7:00 p.m. was held at the Fuquay-Varina Town Adam G. Mitchell, Town Manager Mark D. Matthews, Assistant Town Manager Hall, 134 N Main Street, Fuquay-Varina, NC. James (Jim) E. Seymour, Assistant Town Manager 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 Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Town Attorney James Adcock, Deputy Town Clerk Eva Mayfield, IT Director Scott Clark, and various other department directors. Town Clerk Teresa Wilder was absent due to an illness. CALL TO ORDER Mayor Massengill called the meeting to order at 7:02 pm. INVOCATION AND PLEDGE Mayor Pro-Tem Marilyn Gardner provided the invocation, and Betty Parker, Senior Director in Real Estate Services for Wake County Public School System, led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager Mitchell 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 3A The January 6, 2024, Town Board of Commissioners Regular Scheduled Meeting. MOTION: Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Presentation - Black History Month Proclamation Purpose – For Mayor Massengill to present a proclamation recognizing Black History Month in Fuquay-Varina to the Board and public. Mayor Massengill announced two significant events celebrating diversity and culture in Fuquay-Varina. In January, a large crowd gathered to commemorate Martin Luther King Day, with over 100 participants walking from Falcon Park to First Baptist Church and a packed house at the church for the ceremony. Just weeks later, on February 1st, the Black History Stakeholders Group hosted a Gospel Showcase at the Arts Center, featuring an impressive lineup of over 100 gospel singers that sold out the venue. In recognition of these events and the town's commitment to celebrating diversity, Mayor Massengill read a proclamation designating February as Black History Month in Fuquay- Varina. PUBLIC COMMENTS 5A Ketih Sarich, 643 Occoneechee Drive, asked for an update on the intersection of Northeast Judd Parkway and the Northeast Judd Parkway Expansion. Mayor Massengill informed him that both projects are in the pipeline and a little delayed, with construction funding paused during COVID. He informed Mr. Sarich he could talk to Engineering Director Matt Poling regarding these updates. Danielle Caro, 414 Longfellow Street, spoke regarding rezoning the lot next to her house, 498 Longfellow Street. Mayor Massengill informed her that she could talk to Assistant Town Manager Jim Seymour, who oversees Development Services. Emily Holloway, 312 Angier Road, thanked the Town Board for the speed limit reduction to 25 mph on Vance Street to Spring Street. She informed the Town Board that a crosswalk and handicap-accessible sidewalk ramps need to be installed at the intersection of Fuquay and Raleigh Streets. She informed the Town Board that this Thursday, February 6th, at the Arts Center, from 1:30 to 3:00 pm, there will be a meeting with Wake County, the City of Raleigh, the Town of Cary, and the local housing authority regarding affordable housing. Mayor Massengill reported that she could speak to Public Works Director Tracy Stephenson to provide her with an update on all road improvements. ITEMS PREVIOUSLY TABLED 6A Zoning Map Amendment - Mohamed Kayyali - 426 & 428 Longfellow Street - PINs 0657704319 & 0657703399 - REZ-2024-14 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 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 and 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 in place 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 close to 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 per 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 by the Priority Infrastructure Investment Map. At the December 16, 2024, regular meeting, the Planning Board voted unanimously to recommend approval. At the January 6, 2025, regular meeting, the Town Board heard concerns from a neighbor regarding construction issues surrounding another townhouse project on Longfellow Street. The Town Board closed the public hearing and voted unanimously to table consideration to the January 21, 2025, regular meeting to allow the Petitioner an opportunity to assure the Town Board of their commitment to the neighborhood. Due to inclement weather, the Town Board meeting was postponed, resulting in the item being tabled for consideration until the February 3, 2025, regular Town Board meeting. Since the January 6, 2025, regular Town Board meeting, staff has discussed with the Petitioner their commitment to the Town's Code of Ordinances for maintaining a clean and orderly site during construction. The Petitioner has verbally agreed to this commitment but stated he will not condition this commitment as a voluntary condition with his rezoning application. Public Hearing – The public hearing was previously held on January 6, 2025, and closed. Action on this matter was continued and tabled to tonight’s meeting. The Town Board asked the developer to speak regarding this property. Mohmed Kayyali, 3616 Arrowwood Drive, Raleigh, NC, stated that he had talked to Danielle Caro. He informed the Town Board that he plans on meeting the expectations, that he has added conditions to the zoning map amendment, and that these expectations are already under local and state regulations. Discussion – Commissioner Harris expressed his concerns over the density of the proposed development. He is concerned about changing the community's character, and historically, the community has been predominantly single-family homes. He stated that as a Town Board, these issues need to be looked at further so that in the future, these issues do not come up on Longfellow Street. Mayor Massengill stated that the concern was the job site tidiness. He asked the developer to share plans to keep the site clean with the Town Board. Mr. Kayyali noted that there will be daily clean-ups, and he will always be respectful to the neighbors. He informed the Town Board that before they start building, they send out a letter to all the neighbors with their contact information so they can call and get them addressed if there are any issues. Commissioner Haynes stated that this board is not attacking the developer. He reported that years ago, when some townhomes were being built, some concerns were due to the higher elevation since most of the homes were single-family homes, and this is the historical point Commissioner Harris is trying to make. He stated that he wanted to see a good product built. He explained that this topic was discussed at length during the Town Board retreat, and some examples were shown of what could be built on the land without it being rezoned with conditions. Mayor Massengill asked the Town Attorney to explain what could be built on the property if it was not rezoned. Town Attorney James Adcock explained that this property is two separate lots, so two single-family homes that fit within the setbacks could be built under code. Mayor Massengill stated that the Town Board is discussing this rezoning to try to have some conditions for the rezoning. Commissioner Harris asked about residential low density and if it was specific for this area with 15-foot wide lots or if it was for the entire town. Town Attorney Adcock stated that much of the Lincoln Heights area was recorded in the 1940s, and those lots of records are smaller because, as part of the code, the property owner has the right to build a single-family home. Commissioner Harris asked if a lot of records initiated in the 1940s applied to the entire Town or just to the Lincoln Heights area. Town Attorney Adcock stated that that was how they were recorded for that area, but it was done that way throughout the town then. Commissioner Harris noted that this was what he was struggling with at that time: the inequity that had resulted in the zoning. He reported that this is legal now, but in the 1940s, it was not equitable across the entire Town, and the Lincoln Heights area was developed under a different set of standards than the Town as a whole of Fuquay-Varina. He explained that even though you had a lot recorded in the 1940s, you still had people in the Lincoln Heights area who built, to the best of their ability, single-family homes and wanted to sustain that quality of life based on that. Still, because of the new rezoning requirements, we are reverting to using the lot of record as the means for approving density in a neighborhood that has historically not been dense. Town Attorney Adcock reported that this issue relates more to subdivisions. It is not a zoning issue. The subdivision map was recorded, and anytime a map is recorded, it can be conveyed as small lots, big lots, or as a property owner. He stated that unless some other map is recorded that recombines the lots, and the property owner must do it, the Town cannot go and recombine the property owner’s lots. Town Manager Adam Mitchell explained that nothing the Town or modern zoning ordinances have done has created this issue. He stated that the Town has no legal remedy to correct small lot recordings from the 1940s today; it would require property owners to be willing to recombine small lots to make them larger lots to accommodate larger, less dense single-family homes. Commissioner Harris reported that some of the Land Use Plan's foundations mention preserving a neighborhood's character and ensuring quality of life. Those are not necessarily legal issues but are important to how the town sees neighborhoods developed. He is looking at this from the standpoint of being an elected official representing the Lincoln Heights community and the entire community. He explained that is the reason he thinks more in-depth discussions need to take place to make sure the Town Board treats every taxpayer citizen who wants to reside in Fuquay-Varina to live comfortably and have a quality of life and those who live in the older neighborhoods have that quality of life preserved conversations need to take place on how we can sustain the quality of life for those citizens who have worked hard, they build homes, they paid taxes and are viable citizens here in Fuquay-Varina. Mayor Massengill asked Town Attorney Adcock if there was any law that the Town could pass that states if you own a 25-foot lot, the property owner can’t use the lot. He explained that the code always favored and treated nonconformities because when new codes are adopted, many old, existing buildings are non-conforming, but there is a provision for this lot of record standard that protects property owners. Commissioner Haynes stated that if conditions are not put in place for these types of properties, they can build what they want, but if conditions are put in place, the Town Board can better understand what will be built and what it should look like. Town Manager Mitchell stated when the Town Board discussed the land use plan and updated the plan, it was the tools that were in the toolbox that were very limited with lots of records, but the best remedy would be to allow zoning that would create an opportunity for the Town to discuss with a proposed developer voluntary conditions that would allow for a better quality product. Voluntary conditions often allow staff to consult with a developer about materials used for the house, more sustainable, more durable materials, and look at the architectural features, paint colors, and landscaping. He informed the Town Board that the developer could put the cheapest product on the ground without voluntary conditions. Commissioner Wunsch asked how the town could enforce keeping an orderly site. Town Manager Mitchell stated the Town has a Code Compliance Department that can keep an eye on things, and they can go through the legal process if things are being violated.  Commissioner Wunsch made a motion to approve the zoning map amendment. The motion died due to a lack of a second. Mayor Massengill asked the Town Attorney what would happen if no motion was made. Town Attorney Adcock stated that a decision needed to be made. If no decision is made, then it is not approved. Mayor Massengill asked for an alternative motion. Town Attorney Adcock stated that an alternative motion to deny must be made, and the reason for denial must be noted in the motion. Mayor Massengill asked each board member if they had a motion to make, but no one had any motion to make. Town Attorney Adcock stated that the property remains zoned as it is. 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. PUBLIC HEARINGS 7A Zoning Abandonment of Right-of-Way - Resolution Ordering the Closure of Sunset Drive - SC-2024-03 Purpose – To consider a resolution ordering the closure of Sunset Drive, approximately 862 linear feet, following an application submitted by the Wake County Public School System. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item and made the following remarks. Petitioner, Wake County Public School System, has requested to close approximately 862 feet of the right-of-way of Sunset Drive, in its entirety from its intersection with Johnson Pond Road to its terminus, approximately 862 feet to the southwest, as described in BM1981, PG1027. The subject street should not be confused with Sunset Drive, which intersects with US Hwy 401 near downtown Fuquay-Varina. As required by law, the Town Clerk has informed the public of the Town's intent to close Sunset Drive by publication in the Wake Weekly news once a week for four successive weeks. In addition, the public hearing notice advised the public that a public hearing would be held on February 3, 2025. Further, by certified mail, the Town Clerk advised the abutting property owners of the Town's intent to close Sunset Drive and attached the resolution indicating February 3, 2025, public hearing date. The road appears in the public record as a right-of-way, but the Town does not represent its status. WCPSS is requesting this roadway abandonment process to clean up the property's title, as a portion of the property to be abandoned will be included in the school's future expansion plans. The public right-of-way comprises a gravel road and public utilities (easement provided). Two (2) homes are on the adjacent properties, but their accesses will be unaffected by this abandonment as an alternative easement has been established for many years. The North Carolina Department of Transportation has been notified of the intention to close the right-of-way. It will be notified of the abandonment resolution with the order to close upon approval. In addition, the Wake County Public School System has also confirmed that the street is not part of a bus route.  If this abandonment request is approved, management and staff do not anticipate any impacts on Town services. Further, the closing of the right-of-way is not contrary to the public interest, and no individual owning property in the vicinity of the public right-of- way would be deprived of reasonable means of ingress and egress to their property. Based on the evaluation of the proposed street closing request, management, and staff recommend that the Town Board adopt a resolution ordering the closing of Sunset Drive, approximately 862 linear feet, as presented and recommended. Public Hearing – The public hearing was opened. Betty Parker with the Real Estate Department of Wake County Public Schools spoke in favor of the closure of Sunset Drive. No one spoke in opposition to the closure of Sunset Drive. Discussion – Mayor Massengill thanked Ms. Parker for all she has done for the Town of Fuquay-Varina and wished her well on her retirement. Recommendation – Adopt the Resolution ordering the closure of Sunset Drive (approximately 862 linear feet), as presented and recommended. Resolution No. 25-1909 MOTION: Commissioner Haynes SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8A. Recreation Fee-In-Lieu – Truelove Farms Subdivision - SUB-PR-2024-08 Purpose – To consider acceptance of a fee-in-lieu for Recreation Unit Fees for Truelove Farms subdivision of $152,013.50.  Recommendation – Approve the fee-in-lieu request for the Truelove Farms subdivision of $152,013.50 for Recreation Unit Fees as presented and recommended. 8B. Recreation Fee-In-Lieu – The Grove at Mineral Spring Subdivision - SUB-PR-2024-05 Purpose – To consider acceptance of a fee-in-lieu for Recreation Unit Fees for the Grove at Mineral Spring subdivision for $30,000. Recommendation – Approve the fee-in-lieu request for the Grove at Mineral Spring subdivision for $30,000 for Recreation Unit Fees as presented and recommended. 8C. Utility Allocation Request - Truelove Subdivision Purpose – To consider a Utility Allocation Request for Truelove Subdivision. Recommendation – Approve the recommended utility allocation request for Truelove Subdivision (50 Lots) as presented and recommended. 8D. Utility Allocation Request - The Grove at Mineral Spring Subdivision Purpose – To consider a Utility Allocation Request for The Grove at Mineral Spring Subdivision. Recommendation – Approve the recommended utility allocation request for the Grove at Mineral Spring Subdivision (6) lots as presented and recommended. 8E. Utility Allocation Request - Providence Oaks Subdivision Phase 1 through 4 (75 Lots) Purpose – To consider a Utility Allocation Request for Providence Oaks Subdivision Phase 1 through 4 (75 Lots). Recommendation – Approve the recommended utility allocation request for Providence Oaks Subdivision Phase 1 through 4 (75 Lots) as presented and recommended. 8F. Budget Amendment - Insurance Proceeds - Parks, Recreation and Cultural Resources - $4,079 - BA-25-12 Purpose – To consider a budget amendment recognizing insurance proceeds from the NC League of Municipalities Interlocal Risk Financing Fund for vehicle repairs. Recommendation – Approve Budget Amendment BA-25-12 as presented and recommended. 8G. Budget Amendment - Bishop Photo - Youth Athletic Scholarship Fund Donation - Parks, Recreation and Cultural Resources - $2,775 - BA-25-13 Purpose – To consider approving a budget amendment recognizing funds from Bishop Photo for non-resident scholarships within the Parks, Recreation, and Cultural Resources Department. Recommendation – Approve budget amendment BA-25-13 as presented and recommended. 8H. Roadway Fee-In-Lieu – Banks Road Flex Buildings Purpose – To consider approving a Roadway Fee-In-Lieu payment for roadway improvements related to the Banks Road Flex Buildings Project for $26,403.66. Recommendation – Approve $26,403.66 as fee-in-lieu payment for roadway improvements associated with the Banks Road Flex Buildings Project as presented and recommended. 8I. Resolution - Mini-Brooks Act Exemption Purpose – To consider adopting a resolution to exempt the Town of Fuquay-Varina from the Mini-Brooks Act as prescribed by North Carolina Statute §143-64.31 and §143- 64.32. Recommendation – Adopt the Resolution to exempt the Town of Fuquay-Varina from the Mini-Brooks Act as recommended and presented. Resolution No. 25-1910 8J. Town Code Amendment - Appendix 1: Traffic, Section 127 - Spaces Reserved for Handicapped - On-Street Parking at Spring Avenue - Fuquay Mineral Spring Park - M- 25-02 Purpose – To consider an amendment to the Town Code of Ordinances that modifies Appendix 1: Traffic, Section 127, to include a handicapped accessible parking spot on Spring Avenue at the Fuquay Mineral Spring Park.  Recommendation – Adopt the Town Code of Ordinances amendment, Appendix 1: Traffic, Section 127, as presented and recommended. Ordinance No. M-25-02 8K. Settlement Agreement and General Release - Alston Ridge Greenway Easement Purpose – To consider approving a Settlement Agreement and General Release between the Town of Fuquay-Varina, David Patrick Adams, and Jan Rebecca Adams for a permanent and temporary easement to construct the Alston Ridge Greenway project. Recommendation – Approve the Settlement Agreement and General Release for a permanent and temporary construction easement for the Alston Ridge Greenway project, as presented and recommended, and authorize the Town Manager to execute the agreement on the Town's behalf. A motion was made to approve all Consent Agenda Items 8A- 8K. MOTION Commissioner Adcock SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Preliminary Subdivision Plat – Truelove Farms Subdivision - SUB-PR-2024-08 Purpose – To consider a preliminary subdivision plat submitted by the Timmons Group for Truelove Farms Subdivision located at 7650 Truelove 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. He then provided information about the agenda item by making the following remarks. The submitted preliminary subdivision, Truelove Farms, is located at 7650 Truelove Road, on 23.84 acres in the Residential Medium Density - Conditional Zoning District (RMD-CZD). The preliminary subdivision plat proposes 50 zero-lot line lots. Following the zero lot line standards, the minimum lot width permitted and proposed is 50'. The average lot size required and proposed is 6,000 square feet, and the average lot size is 6,156 square feet. The required amount of open space is 15% or 3.58 acres, and 57.29% or 13.66 acres of open space is proposed. 50% or 1.79 acres of the required open space is both required and proposed to be activated Common Green with amenities including benches, two open play fields, picnic tables, cornhole boards, and a mulch trail. Zero Lot Line developments are included as a residential development option to promote and provide an alternative means of residential ownership that does not follow the traditional method of single-family residential development. The homes are shifted to one side of the lot, which serves as a garden wall for the adjacent house. The windows and interior layout of the homes are focused toward the wider side of the lot, providing a level of privacy for both the interior and exterior spaces. An entrance off the Fuquay-Varina Parkway and an extension of Fox Chapel Place will provide vehicular access to the project area. The 2040 CTP classifies Fuquay-Varina Parkway as a 120' right-of-way, 4-lane, median-divided road with side paths. Since this segment of the Parkway was recently constructed, no traffic data is available. The parkway along the subdivision frontage has been constructed according to the Fuquay- Varina Parkway interim build standards, and no further improvements will be required. Fox Chapel Place is a 50' wide residential street stub in the Hidden Valley subdivision that will be extended to provide required cross-access. Public water and sewer are available. The proposed preliminary subdivision plat meets all Town requirements, and management and staff recommend approval. At the January 14, 2025, 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 Truelove Farms Subdivision preliminary subdivision plat, SUB-PR-2024-08, located at 7650 Truelove Road, as presented and recommended. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) 10B Scope and Fee Proposal - Library Park Design Purpose – To consider awarding a design contract with Site Collaborative for the Library Park Design project and authorize the Town Manager or his designee to execute the contract. Staff Comments – Parks and Recreation Director Jonathan Cox 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. Per NCGS 143-64.31, Town Staff solicited Request of Qualifications (RFQs) for design and engineering consultants for the Library Park renovation project. The Town received five submissions from area architects/design firms and were scored by a selection committee consisting of Assistant Town Manager Mark Matthews, Parks, Recreation and Cultural Resources Director Jonathan Cox, Assistant Parks and Recreation Director Anthony DiMarzio, Assistant Parks and Recreation Director Chris Newsom, and Marketing and Special Events Specialist Trey Baggett. Based on the scoring criteria established in the request for qualifications, Site One Collaborative and Davis Kaine were invited to interview with the Town on December 4, 2024. The interview panel consisted of the following Town staff: Assistant Town Manager Mark Matthews, Parks, Recreation and Cultural Resources Director Jonathan Cox, Assistant Parks and Recreation Director Anthony DiMarzio, Assistant Parks and Recreation Director Chris Newsom, and Marketing and Special Events Specialist Trey Baggett. The RFQ submitted by Site Collaborative and the interview presentation demonstrated extensive relevant project experience, a competent project team, a history of successful, related projects, and an exceptional understanding of the project. Site One has previously designed the Kiwanis Park in Raleigh, NC, Sassafras All Children’s Playground in Raleigh, NC, and Danville Riverfront Park in Danville, VA. At the December 17, 2024, Town Board meeting, the Board identified Site Collaborative as the best-qualified firm to design Library Park and authorized the Town Manager or designee to negotiate the scope and fee. The proposed contract, a copy provided with the agenda abstract for reference, defines a scope of services that includes the following components: schematic design, construction documentation and permitting, bidding services, park construction management, existing conditions survey, and geotechnical services. The proposed fee for the scope is $214,000, which is consistent with industry norms for Master Planning services for public projects of similar scope and falls within the adopted budget for the Library Park Project. Management and staff recommend approval of the negotiated scope and fee agreement, subject to the Town Attorney's review of its form. The FY25 budget includes initial funding of $1 million for the design and construction of the Library Park project. With the total cost of the Library Park design services at $214K, staff expect additional funding will be necessary to complete the project due to construction escalation. Discussion—Mayor Massengill asked about the timeline for the project. Parks and Director Jonathan Cox explained that it would take 9 months to go through the construction document process, 60 days to bid, a year to break ground, and another year to complete.  Recommendation—Award a design contract to Site Collaborative for the Library Park project as presented and recommended, subject to Town Attorney review to form and authorize the Town Manager or his designee to execute the contract on the Town's behalf. MOTION: Commissioner Haynes SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) 10C BL-0054 SE Judd Parkway Improvements Project - Supplemental Funding Agreement Purpose – To approve a project ordinance amendment and authorize the Town Manager to enter into a Municipal Supplemental Funding Agreement with the North Carolina Department of Transportation for the BL-0054 SE Judd Parkway Improvements project. 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 improving roadway and pedestrian facilities along SE Judd Parkway in FY2022-2023. This project will widen the roadway and improve pedestrian connectivity by constructing approximately 600 feet of new sidewalk, curb, and gutter, closing the gap between Barnesyck Drive and Holland Road. Additional improvements include minor pavement widening, striping, and storm drainage enhancements. The construction contract was advertised on August 23, 2024, with bids publicly opened at the John W. Byrne Municipal Building. S.T. Wooten Corporation submitted the lowest responsive and responsible bid of $509,705. The project’s total cost, including design, third-party inspections, NCDOT administrative fees, and construction, totals $823,960. This transportation project is anticipated to begin in March 2025 and be completed by February 2026. Due to NCDOT delays and increased construction costs, Town staff applied to NCDOT/CAMPO for additional funding to cover cost increases. CAMPO recently awarded the Town an extra $50,000 in supplemental funding that the Town must match at $50,000. This additional supplemental funding will cover all costs associated with the project. Town staff recommends approving the project ordinance amendment and authorizing the Town Manager to enter a supplemental funding agreement with NCDOT to accept the additional funds. This project has an existing project fund totaling $823,960 ($579,168 (80%) in Federal Highway Administration (FHWA) funds (LAPP), $144,792 (20%) in Town Match, and an additional $100,000 from the 2024 GO Transportation bonds). The original budget for this project was $723,960 (FY 2022-2023). Due to NCDOT delays and increased project costs, the project cost increased by $100,000, requiring additional Town funding, which the Town Board approved on October 7, 2024. Town staff recently applied to NCDOT/CAMPO seeking additional funds and successfully obtained an extra $50,000 in funding from these agencies. The additional $50,000 funding from NCDOT/CAMPO must be matched by $50,000 of town funding, eliminating the need for $50,000 of the 2024 GO Transportation bonds appropriation. The attached project ordinance amendment reduces the amount required from 2024 GO Transportation bonds reserves by $50,000 and appropriates the additional $50,000 grant funding. After this adjustment, the project budget remains $823,960. Discussion—Commissioner Adcock asked if a developer was building this part of Judd Parkway, would they be required to put in a sidewalk or side paths? Engineering Director Matt Poling explained he would have to look at the transportation plan to see what would be required. Mayor Massengill stated that at the next intersection where the new townhomes are, some are double-sided. He noted that you have a standard size at each end to connect and would want it to match. Mayor Massengill reported that almost all of Judd Parkway will now have sidewalks, and you can go from Main Street to Fleming Loop to Food Lion, which is approximately 13 miles. Mayor Massengill asked how long before work begins. Engineering Director Poling stated that the construction should start in March. Recommendation – 1) Approve a Project Ordinance Amendment (POA-25-14) to appropriate the additional $50,000 grant funding and reduce the transfer from the 2024 Transportation GO Bonds in the same amount, and 2) Authorize the Town Manager to enter into a Municipal Supplemental Funding Agreement with NCDOT for the BL-0054 SE Judd Parkway Improvements project subject to the Town Attorney’s review to form. Ordinance No. N-25-05 MOTION: Commissioner Harris SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) 10D BL-0038 Jones Street Sidewalk Project - Supplemental Funding Agreement Purpose – To approve a project ordinance amendment and authorize the Town Manager to enter into a Municipal Supplemental Funding Agreement with the North Carolina Department of Transportation for the BL-0038 Jones Street Sidewalk project. Staff Comments – Engineering Director Matt Poling entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks. The town was awarded grant funding to improve roadway and pedestrian facilities along E. Jones Street in FY 2022 - 2023. This project will improve pedestrian connectivity by constructing approximately 1,200 feet of new sidewalk, curb, and gutter, closing the gap between N. Main Street and N. Woodrow Street. Additional improvements include striping and storm drainage enhancements. The construction contract was advertised on September 3, 2024, with bids publicly opened at the John W. Byrne Municipal Building. Pacos Construction Co., Inc. submitted the lowest responsive and responsible bid of $682,534.25. The project’s total cost, including design, third-party inspections, NCDOT administrative fees, and construction, totals $1,206,300. This transportation project is anticipated to begin in March 2025 and be completed by December. Due to NCDOT delays and increased construction costs, Town staff applied to NCDOT/CAMPO for additional funding to cover cost increases. CAMPO recently awarded the Town an extra $150,000 in supplemental funding that the Town must match at $150,000. This additional supplemental funding will cover all costs associated with the project. Town staff recommends approving the project ordinance amendment and authorizing the Town Manager to enter into a supplemental funding agreement with NCDOT to accept the additional funds. This project has an existing project fund totaling $1,206,300 ($725,040 (80%) is in Federal Highway Administration (FHWA) funds (LAPP), $181,260 (20%) in Town Match, and an additional $300,000 in Town funds from the 2024 GO Transportation bonds). The original budget for this project was $906,300. Due to NCDOT delays and increased project costs, the project experienced a cost increase of $300,000, requiring additional Town funding, which the Town Board approved on October 22, 2024. Town staff recently applied to NCDOT/CAMPO seeking additional funds and successfully obtained an extra $150,000 in funding from these agencies. The additional $150,000 funding from NCDOT/CAMPO must be matched by Town funding for $150,000, eliminating the need for $150,000 of the 2024 GO Transportation bonds appropriation. The attached project ordinance amendment reduces the amount required from 2024 GO Transportation bonds reserves by $150,000, and the additional $150,000 grant funding is appropriated. After this adjustment, the project budget remains $1,206,300. Discussion – Mayor Massengill asked when construction would begin. Engineering Director Poling stated construction would start in March. Recommendation – 1) Approve a Project Ordinance Amendment (POA-25-15) to appropriate the additional $150,000 grant funding and reduce the transfer from the 2024 Transportation GO Bonds in the same amount, and 2) Authorize the Town Manager to enter into a Municipal Supplemental Funding Agreement with NCDOT for the BL-0038 Jones Street Sidewalk project, subject to the Town Attorney’s review to form. Ordinance No N-25-06  MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (54-1) 10E Agreement for Purchase and Sale of Real Property and Budget Amendment BA-25-14 - 101 North Main Street Purpose – To consider approving an Agreement for the Purchase and Sale of Real Property for 101 North Main Street and approve budget amendment BA-25-14. Staff Comments — Town Manager Adam Mitchell 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. Following the adoption of the Town's Downtown Generational Plan, which includes a public space concept (Piney Woods Park), the Town was presented with the opportunity to purchase 101 N. Main Street. After consideration and a desire to begin securing property for the eventual development of the "town square" public space, management recommends the purchase of 101 N. Main Street, given its recent availability. The Agreement for Purchase and Sale of Real Property for 101 N. Main Street identifies specific terms and conditions to include: Purchase Price: $1,500,000 Examination Period: 90-days Legal Description Leases: Center Stage Dance, NAPA Auto Parts, Cotton Law Firm Additional Provisions: Recommended Closure of King Street if necessary for development Management recommends that the Town Board approve the Agreement for Purchase and Sale of Real Property for 101 North Main Street as presented, subject to the Town Attorney's review to form, authorize the Town Manager to execute the agreement on the Town's behalf, and approve budget amendment BA-25-14, which funds the purchase of the property. The terms of the agreement include a purchase price of $1,500,000, which will be paid from the Town's General Fund Unassigned Balance. Additional expenses, unknown at this time, will be related to the maintenance of the existing structures on the parcel. These annual expenses will be estimated during the 90-day examination period identified in the Agreement. Revenue from the property purchase is also possible as tenants in the three buildings pay rent. Discussion— Mayor Massengill stated that downtown destinations and park communities have become popular. This was an excellent opportunity for the Town Board on that marquee corner when it came up for the Town to purchase. He reported that the existing businesses can still conduct business and that this purchase does not affect their business. He noted that as the town board plans for many years down the road, this key corner will help transform our downtown. Commissioner Haynes thanked Town Manager Mitchell for specifying that some properties are not included in that Piney Woods development. Commissioner Adcock stated that this is a key property in our downtown area, that there is a lot of opportunity, and that we can do well preserving the character of the downtown. Recommendation – Approve the Agreement for Purchase and Sale of Real Property for 101 North Main Street as recommended and presented subject to Town Attorney  review to form, authorize the Town Manager to execute the agreement on the Town's behalf, and approve budget amendment BA-25-14. MOTION: Commissioner Wunsch SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11.A Manager’s Report Town Manager Adam Mitchell gave the additional following updates: o Economic Development — Christian Green has been hired as the new Economic Development Director and will start on February 24th. He is joining us from Stonecrest, Georgia; before that, he worked in Glendale and Scottsdale, Arizona. o The Public Utilities—The Public Utilities Department staff will be subsurface investigating a water line leak in the area of NC 55 and Dickens Road this Wednesday at 11:00 p.m. Justin Rogers was hired as Senior Maintenance Operator at the Terrible Creek Wastewater Treatment Plant Facility. o Engineering – The CAMPO Executive Board has opened a public comment period for the fiscal year 2026 LAP program. The Engineering Department has submitted two projects on the Town’s behalf, and both are being recommended for funding. The projects being recommended are the operational improvements of the Bowling Road/South Main Street intersection, and it is recommended that it receive almost $1.4 million in an 80/20 match, which will be for design. The Town is hopeful that construction will come in a subsequent application. The other project is the Bridge Street Pedestrian Improvements, which includes sidewalks from where the sidewalk stops just past Lincoln Heights Elementary School to Northwest Judd Parkway. If the executive board approves this project, CAMPO will fund just $3.5 million of the project with an 80/20 match, and it will be for right-of-way and  construction. He thanked Engineering Director Matt Poling and his team for their hard work in getting these two projects submitted to CAMPO. The department has advertised operational improvements for the Northeast Judd/Broad Street intersection. The bids are scheduled to be opened tomorrow, and an agenda item for the award will be brought back for the February 18, 2025, Town Board meeting. Construction for this project is anticipated to begin in the spring of 2025, and it will take around 12 to 18 months for completion. o Planning – Long Range Planner II Allison Wylie has been admitted into the UNC School of Government Community Development Academy this spring. She will be the third person in the Planning Department to graduate from this intensive course, which covers community economic development concepts, methods, and strategies. o Police – The Police Department has advanced Bryce Rosetti to Police Officer II on the career ladder. The Police Chief met with the Fuquay Women’s Club and provided information about the Police Department and current operations. The department participated in a superheroes breakfast that Bentwinds Golf and Country Club hosted. He also stated that Police Chief Smith, Mayor Massengill, and Commissioner Wunch played in a charity basketball game with the Harlem Wizards last week. o Public Works – The Public Works Department responded well to the impact of the recent snow event. The Street Department was active in putting brine down on the streets before the snow, clearing and treating troubled spots. After running trash routes on Friday, the Sanitation Department completed all the recycling pickup, which took a long day. The Street Department is focusing on litter cleanup after the holiday season and loose leaf collection is over. o Fire – The Fire Department had the final inspection for the four new fire engines during the last week of January. The trucks are scheduled for delivery in mid- February and will be entirely in service by March. Garland Johnson and Jerry Crocker attended last week's State Fire Chief mid-winter conference, gaining  valuable continuing education and training. The Fire Department is accepting applications for their Citizens Academy through February 21, 2025. The program will offer an interactive educational program running six consecutive Tuesday nights beginning March 11, 2025. o Parks and Recreation—The Parks and Recreation Department has an exciting day tomorrow with the Ribbon Cutting at 9:00 a.m. for the Hilltop Needmore Town Park Community Center. Registration is underway for spring youth athletics, and 4,371 youth in the community have already signed up. o The Arts Center—This past Saturday, for Black History Month, the Arts Center hosted the Black History Gospel showcase, which was a sold-out show. The Arts Center was recently notified of winning the bronze distinction for best-performing arts center from 5 West Magazine. The Gold and Silver went to DPAC and Cocoa Booth Amphitheater. o Human Resources—The Human Resource Department mailed out W2s to employees on January 28, 2025. They have also rolled out the annual safety training for all employees, which must be completed in 60 days. o Finance—The Finance Department is very busy with the budget process. The directors will submit their budgets by February 14, 2025. o He thanked the Public Works Department and Park and Recreation Maintenance staff for handling the snow event and clearing the roads and sidewalks. He also thanked all the Board members for a fantastic annual planning retreat. A lot of great information was discussed over the two days. It is going to be very helpful and impactful in planning for the fiscal year 2026 budget, our five-year plan, and thinking long term in the next 10 to 20 years on how we plan for the community, whether it be growth-related, transportation related, or whether it be quality of life related. 11.B Coffee with a Cop - First Bank - 1830 North Broad Street – Wednesday, February 5, 2025 - 9:00 am - 10:00 am 11.C State of the Town Address – March 3, 2025 - Town Hall Board Room - 6:30 pm BOARD MEMBER COMMENTS Commissioner Harris stated that the Town made a significant move tonight, securing the purchase of the property at 101 North Main Street. This acquisition marks an important step towards revitalizing downtown Fuquay-Varina, ultimately transforming it into a vibrant town square that will enhance the community's overall aesthetic. Commissioner Adcock expressed his gratitude for the town staff's dedication during the recent retreat, praising their tireless efforts to make the event successful. He also commended his fellow board members, calling them a harmonious and kind group that genuinely enjoys working together. He commented that the sun always shines brighter in Fuquay-Varina. Commissioner Wunsch reinforced Commissioner Harris' sentiments regarding the recent land acquisition, noting that it aligns with the downtown master plan approved by the board. He thanked the property owners for offering the town first dibs on purchasing the property. Additionally, he thanked staff and management for their hard work in organizing a highly productive Town Board retreat, where members could share their vision for Fuquay-Varina's future growth over the next decade. Commissioner Wunsch mentioned his participation in the Harlem Wizards charity basketball game in lighter moments. However, his scoring record was somewhat lacking - he praised the efforts of Mayor Massengill and Police Chief Smith, who excelled on the court. He also shared some personal news: becoming a grandfather to a 9- pound baby boy named Matthew, born to his daughter Brooklyn, has brought immense joy to the family. Commissioner Haynes expressed his heartfelt appreciation to everyone involved in the Gospel Showcase, calling it an unforgettable event. He specifically thanked Gabe Briley for orchestrating the impressive 60+ voice community choir and directing and performing with them. Commissioner Haynes also acknowledged the tireless efforts of Arts Director Maureen Daly and her team, along with Communications Director Susan Weis, who worked diligently to bring the showcase to life. He took a moment to recognize the Fuquay-Varina Women's Club's generous donations to the Culture Arts Society and Arts Center during the event. Additionally, he announced that a scholarship would be awarded as part of the celebration. Commissioner Haynes mentioned some notable attendees, including Apex Mayor Jacque Gilbert, who joined in the festivities at the Gospel Showcase. He praised the Town Board retreat as an "amazing" experience, thanking management and directors for their hard work. Commissioner Haynes reported that he had served as a judge for the Spelling Bee competition at Fuquay-Varina Middle School, where 6th grader Yalaine Raham emerged victorious. She will go on to represent her school in the county-wide Spelling Bee on February 12, 2025. Commissioner Haynes announced his appointments to several prestigious committees: the Central Pines Regional Council Housing Committee, which focused on affordable housing; the Small Cities Council for the National League of Cities; and the Economic Development Federal Advocacy Committee for the National League of Cities. These roles will allow him to represent Fuquay- Varina at national levels. Mayor Pro-Tem Gardner expressed her gratitude to management, directors, and Town Attorney for their tireless efforts in organizing an exceptional Town Board retreat. The event provided a valuable opportunity to envision Fuquay-Varina's future over the next decade. She also appreciated the Black History Stakeholders group for curating a captivating cultural arts program, although she regretted missing it due to prior commitments. Additionally, Mayor Pro-Tem Gardner congratulated Arts Director Maureen Daly on her recent recognition by 5 West Magazine. She is excited about tomorrow's ribbon cutting for the Hilltop Needmore Town Park Community Center at 9:00 am. Mayor Massengill thanked the town staff and directors for their tireless efforts during the recent Town Board retreat. He also acknowledged the dedication of Public Utilities employees, who responded quickly to fix a water main break on Jones Street despite freezing temperatures. In addition, he commended Public Works staff for their prompt action in clearing snow-covered roads during the winter event. The mayor was pleased to announce that Church Alive had officially opened its new facility at the Entertainment Sports Complex, which now features a coffee shop within the complex. He also highlighted his attendance at the Arts Festival, sponsored by the Fuquay Women's and Junior Women's Club, held at Windsor Point on January 18-19. Finally, he announced the upcoming ribbon-cutting ceremony for the Hilltop Needmore Town Park Community Center, scheduled for Tuesday, February 4, 2025, at 9:00 a.m. The following are Mayor Massengill’s past and future events: Past 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 1/21 – Chamber Ribbon Cutting – IQ Learning Academy 1/22 – Friends with Wisdom 1/28 – Chamber Ribbon Cutting – Apex Skin Center 1/28 – FVHS Mid-Year Graduation 1/29 – Herbert Akins Road Middle School Booster Club Game 2/1 -Celebrating Black History through the Arts Gospel Showcase Upcoming Events 2/4 – Ribbon Cutting – Community Center North 2/4 – Chamber “The Happiest Hour” 2/5 – Coffee with a Cop – First Bank 2/7 – Metro Mayors Weekly Meeting 2/7 – Chamber Ribbon Cutting – Fuq’n Vinyl 2/7 – Annual Daddy-Daughter Dance at Community Center 2/8 – Mayor to Visit Blake Logan and wish him a Happy 7th Birthday 2/11 – FVDA Board Meeting 2/11 – 2025 Economic Development Summit 2/12 – Business Exchange Breakfast 2/12 – Speaking to Ballentine Elementary 3rd Grade Class 2/13 – Chamber Ribbon Cutting – A+K Training Center 2/14 – Metro Mayors Weekly Meeting 2/17 – Wake County Mayors Association ADJOURNMENT A motion was made to adjourn the meeting at 8:45 p.m. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Harris MOTION RESULT: Passed Unanimously (5-0) The minutes from the February 3, 2025, regularly scheduled meeting of the Town Board of Commissioners are adopted this 18th 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