MOTION TO. Approve the 3 Year Municipal Fire Protection Agreement, Automatic Aid Agreement, Mutual Aid Agreement, FEMA Disaster Services Agreement, and Business Associate Agreement between the Town of Fuquay-Varina and Wake County as recommended and presented subject to Town Attorney reviewas to form.
MOTION TO. Approve a parking use agreement with the Wake County Board of Education as presented and recommended, subject to Town Attorney Reviewas to form.
MOTION TO. Approve Budget Amendment (BA-24-42), Project Ordinance Amendment (POA - 24-20), and Authorize the Town Manager to execute and administer an Economic Development Incentive Agreement in an amount of up to $253,250 for the proposed Aviator Brewing Company, Inc. manufacturing and distribution facility expansion project as presented and recommended.
MOTION TO. Approve the System Development Fee Settlement Agreement and Budget Amendment (BA-24-08), as presented and recommended.
MOTION TO. Approve the development agreement between the Town of Fuquay-Varina and MVP Properties, LLC for the construction of the Academy Village Mixed-Use Development Project, as reviewed and recommended by the Town Attorney with Town Management as presented and recommended and subject to rezoning and annexation approval.
MOTION TO. Approve the proposed Developer Construction Agreement between FV Retail, LLC and the Town of Fuquay-Varina, as presented and recommended.
MOTION TO. Authorize the Town Manager to execute an Infrastructure Agreement between the Town of Fuquay-Varina and Pulte Home Company, LLC, as presented and recommended.
MOTION TO. Authorize the Town Manager to execute the Water Supply Agreement with the City of Raleigh as presented and recommended subject to reviewof the Town Attorney.
MOTION TO. Dismiss the Assault Charge The court incorrectly denied the motion to dismiss the assault charge on the ground that Xxxxx did not intend to cause injury to Officer Xxxx. The issue is whether one must have the intent to perform a certain objective in order to be guilty of assault. Assault is a specific intent crime which means that one must have the intent to perform a certain objective in order to be guilty, rather than just the intent to commit the act required under the general intent crimes. In addition, in order to be found guilty of assault under this statute, Xxxxx needs to have had the intent to prevent a police officer from performing a lawful duty. Here, Xxxxx clearly had the intent required by the statute of preventing Officer Xxxx from arresting her – a duty he is lawfully able to do. However, Xxxxx did not have the specific intent to commit an assault. Assault is the apprehension of immediate bodily contact, or an attempted battery, under New York Penal Law. Here, Xxxxx did not intend to create apprehension on the part of Officer Xxxx, nor did she intend to commit a battery. Instead, Xxxxx’ s hand inadvertently flew up and caused the handcuff to hit Officer Xxxx. Xxxxx did not have the objective of hitting or creating an apprehension of battery. Thus, Xxxxx cannot be guilty of assault, and the court incorrectly denied the motion dismissing the assault charge against her.
MOTION TO. Xxxxx the requested easement to Ting Fiber, LLC, as presented and recommended, and authorize the Town Manager to execute the easement document on behalf of the Town, subject to the Town Attorney reviewto form.
