Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING MARCH 21, 2017 CALL TO ORDER Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of Commissioners to order on March 21, 2017 at 7:21 p.m., (following the Law & Finance Committee meeting). Commissioners Present: Blake Massengill (Mayor Pro-Tem) Charlie Adcock Bill Harris Jason Wunsch Marilyn Gardner Commissioners Absent: None Others Present: Town Manager Adam Mitchell Assistant Town Manager Mark Matthews Town Clerk Rose Rich Town Attorney Mark Cumalander ****************************** INVOCATION AND PLEDGE OF ALLEGIANCE Planning Director Emeritus Mike Sorensen gave the invocation and J.D. Minor of Boy Scout Troop #320 led the Pledge of Allegiance. ****************************** APPROVAL OF THE MINUTES The March 6, 2017 minutes of the regularly scheduled Town Board of Commissioners meeting, was presented for approval. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (5-0) ****************************** PRESENTATIONS Agenda Item No. 4.A: Recognition of Fuquay-Varina Fire and Police Explorers – 2017 Winterfest Skills Competition Town Manager Mitchell stated that the Fuquay-Varina Fire and Police Explorers represented Fuquay-Varina very well this year in the 2017 Winterfest Skills Competition, held in Gatlinburg, Tennessee. Over 3300 Explores participated in this year’s competition. Police Chief Fahnestock presented the Police Explorers who competed against 85 teams and placed 2nd in the “Officer Down” event, 5th in “Class B Uniforms”, 8th in “DWI Traffic Stops”, 10th in “Suspicious Death Investigation”, 10th in the “Written Exam”, and 16th in the “Officer Survival” event. She commended the Explorers for demonstrating high levels of skill, concentration and dedication. Fire Chief Mauldin presented the Fire Explores who competed in six different events against 50 Fire Explorer Teams. He stated that all 15 Fuquay-Varina Fire Explorers won their “Individual Rapid Dress” competitions. The Fire Explorers placed 2nd, 3rd and 4th in the “Rapid Dress Team Drill”, placed 4th, and 5th in the “Triple A Event”, placed 3rd, 4th and 6th in the “Cherokee Drill”, placed 1st, 2nd and 5th in the “Denver Drill” and placed 1st, 3rd and 17th in the “Arriving on the Scene” event. He commended the Fire Explorers for receiving 7 plaques for their outstanding demonstration of skills. Mayor Byrne and members of the Town Board commended both the Fuquay-Varina Fire and Police Explorers for representing the Town in an excellent manner. Agenda Item No. 4.B: Eagle Scout Project – Outdoor Basketball Court Town Manager Mitchell stated that the purpose of this presentation is to hear from a local scout, J.D. Minor regarding a proposal to build an outdoor basketball court as part of his Eagle Scout project. He advised that while this is a presentation, there is a recommendation for the Town Board to take action on a motion to approve the construction of an outdoor basketball court proposed by Eagle Scout candidate J.D. Minor, at South Park, in a location identified by Town staff. J.D. Minor stated that he hopes to break ground on the project by the end of the year, and the project would take approximately two months to complete, weather permitting. He is working to get the majority of the concrete donated and will be responsible for grading the site and installing the concrete. He will provide two goals, backboards, rims and the landscaping materials around the court. He is asking that the Town supply benches, lighting, fencing and the surface finish of the court. Mr. Minor stated that funds for the project were raised through the sale of Christmas trees and through a March Madness Bracket Challenge (raised $500). He stated that the next fund raiser will be a 3 versus 3 Basketball Tournament, scheduled for June 2, and June 3, 2017, at the South Park Community Center, and he is asking that fees be waived for the tournament. He has also created a website that gives information on the project and provides a link for interested citizens to make donations toward the project. Town Manager Mitchell stated that the Town Board previously proposed to set aside $80,000 in the 5-Year Plan toward an outdoor basketball court at South Park. He advised that at the completion of Mr. Minor’s work, it will only take approximately $40,000 for the Town to complete the project. He commended Mr. Minor (14 years old) for doing an outstanding job at presenting the information and for the overall work that has gone into the project. Commissioner Wunsch stated that he was super impressed with the presentation and the overall proposal by young Mr. Minor. Mayor Byrne stated that when an individual takes on a project that is already proposed in the 5-Year Plan, it impacts that whole community, and he commended Mr. Minor for his efforts, as well as Town staff for helping to make the proposed project a reality. Recommendation: To approve the construction of an outdoor basketball court proposed by Eagle Scout candidate J. D. Minor, at South Park, at the location identified by Town staff as presented and recommended. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 4.C: Presentation – Water Capacity Study Town Manager Mitchell stated that earlier this year the Town embarked on an assessment of future water capacity needs, and he introduced Bryan Jann who presented findings of the Water Capacity Study performed by Freese and Nichols and WithersRavenel. Mr. Jann stated that the purpose of the Water Capacity Study was to evaluate the long-term view and determine what is needed with respect to water supply through the year 2060 to sustain the growth of the Town. The overall goal of the study was to identify future water supply options that are reliable, safe, and affordable. The Town’s current total water supply of 5.25 MGD comes from the following sources: Harnett County 2 MGD Cape Fear River Basin Town of Holly Springs 1 MGD Cape Fear River Basin Johnston County 1.50 MGD Neuse River Basin City of Raleigh 0.75 MGD Neuse River Basin The Town of Fuquay-Varina currently has 1.95 MGD of available water supply to sustain growth at the projected rate for 7 years. According to trending population growth for the Town, projected water service would be needed for a population of 73,733 by the year 2060. It was also projected that by 2060 water demands on an average day would be 6.6 MGD, a maximum day demand would be 10.6 MGD, and the peak hour demand would be 13.3 MGD. He stated that there were meetings with eight potential water providers (Holly Springs, Apex, Cary, Raleigh, Durham, Sanford, Johnston County and Harnett County) to determine if they could provide additional long-term water supply for the Town of Fuquay-Varina. For the most part, the suppliers could only provide some temporary relief, with exception to the City of Sanford. He stated that the City of Sanford currently has a water capacity of 12 MGD, but also have the raw water capacity to pull another 18 MGD from the Cape Fear River. They could expand their plant by laying about 15 miles of water pipe and building a couple of pump stations to connect to the Town’s nearest water line, at a high level cost of $30 - $40 million dollars. The other option would be for the Town to construct its own water treatment plant, which would cost about the same as the water plant expansion for the City of Sanford. Mr. Jann stated that Phase 2 of the study will evaluate the feasibility, cost and timeline of evaluating sources (possibly Middle Creek or the Cape Fear River), treatment cost, operations and maintenance costs and state and federal requirements for a new water treatment facility. The second phase of the study would also include options for an interlocal agreement with the City of Sanford to expand and connect to their water facility, as well as study water capacity needs within the next 7 years. Staff Comments – Town Manager Mitchell stated that there would be a capital cost of $30 – 40 million dollars to make a connection to the City of Sanford through an interlocal agreement that would secure water capacity for a period of time. He stated that the option of the Town building its own water treatment facility would allow to Town to possibly recoup some of its capital cost (approximately $30 - $40 million) through the sale of water to other municipalities or water districts. He stated that no action is needed on this matter tonight, and Town staff will be bringing back a recommendation for the funding of Phase 2 of the study. Board Discussion – Mayor Byrne and Mayor Pro-Tem Massengill stated that they would be very interested in the option of the Town building its own water treatment facility. ****************************** PUBLIC COMMENT No one chose to address the Town Board during the public comments period. ****************************** ITEMS TABLED FROM PREVIOUS MEETING There were no items tabled from previous meetings scheduled. ****************************** PUBLIC HEARINGS There were no public hearings scheduled for the March 21, 2017 meeting. ****************************** CONSENT AGENDA Agenda Item No. 8.A: Voluntary Annexation - Wayne M. Beavers & NGB Properties, LLC - 0 Lake Wheeler Road, 0 Lake Wheeler Road, 8536 Lake Wheeler Road and 8600 Lake Wheeler Road - PINs 0689470903, 0689366682, 0689378090 and 0689461609 - ANX-2017-03 Purpose – To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition and to adopt a resolution setting a public hearing for April 3, 2017, following the receipt of a petition for voluntary annexation of property owned by Wayne M. Beavers I& NGB Properties, LLC, located at 0 Lake Wheeler Road, 0 Lake Wheeler Road, 8536 Lake Wheeler Road and 8600 Lake Wheeler Road, containing approximately 45.609 acres. Recommendation – To adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition and adopt the resolution setting the public hearing for a voluntary annexation petition on April 3, 2017, for property owned by Wayne M. Beavers and NGB Properties (ANX-2017-03) as presented and recommended. Resolution No. 17-1448 & 17-1449 Agenda Item No. 8B: Voluntary Annexation Petition - Harold Ray Estes Property - 2995 NC Hwy 42 - PIN 0697108463 - ANX-2016-14 Purpose – To consider adoption of a resolution instructing the Town Clerk to investigate an annexation petition and to adopt a resolution setting a public hearing for April 3, 2017, following the receipt of a petition for voluntary annexation of property owned by Harold Ray Estes, located at 2995 NC Hwy 42, Willow Spring, NC, containing approximately 1.40 acres. Recommendation – To adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition and adopt the resolution setting the public hearing for a voluntary annexation petition on April 3, 2017, for property owned by Harold Ray Estes (ANX-2016-14) as presented and recommended. Resolution No. 17-1450 & 17-1451 Agenda Item No. 8C: Voluntary Annexation Petition - The C&P Falco Family Limited Partnership - 5324 Hilltop Needmore Road - PIN 0678056672 - ANX-2017-02 Purpose – To consider adoption of a resolution instructing the Town Clerk to investigate an annexation petition and to adopt a resolution setting a public hearing for April 3, 2017, following the receipt of a petition for voluntary annexation of property owned by The C&P Falco Family Limited Partnership, located at 5324 Hilltop-Needmore Road, containing approximately 79.023 acres. Recommendation – To adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition and adopt the resolution setting the public hearing for a voluntary annexation petition on April 3, 2017, for property owned by The C&P Falco Family Limited Partnership (ANX-2017-02) as presented and recommended. Resolution No. 17-1452 & 17-1453 Agenda Item No. 8D: Temporary Street Closure - En Plein Air Event - Downtown Revitalization - April 21, 2017 Purpose – To consider a temporary street closure for Depot Street for the 2017 En Plein Air Art Event scheduled for Saturday, April 22, 2017. Recommendation – Approve a temporary street closure for the 2017 En Plein Air Art Event scheduled for Saturday, April 22, 2017 as presented. Agenda Item No. 8E: Budget Amendment - Recognize Insurance Proceeds - Interlocal Risk Financing Fund of North Carolina - Fire Department - BA-2017-32 - $15,471 Purpose – To consider a budget amendment BA-2017-32 that recognizes insurance proceeds from the Interlocal Risk Financing Fund of NC in the amount of $15,471. These proceeds were received for the repairs to Unit 125 and 133 in the Fire Department. Recommendation – Approve Budget Amendment 2017-32 in the amount of $15,471 as presented and recommended. Agenda Item No. 8F: Funding Agreement – Wake County – Replacement Bay Door on Fire Station #1 Purpose – To consider approval of the Funding Agreement between the Town of Fuquay-Varina and Wake County in the amount of $24,124 for the replacement of Fire Station 1 Apparatus Bay Doors. Recommendation – Approve the Funding Agreement between the Town of Fuquay- Varina and Wake County for the replacement of the Apparatus Bay Doors for Fire Station 1 as presented. Agenda Item No. 8G: Funding Agreement – Wake County – Replacement of Rear Concrete Apron at Fire Station #1 Purpose – To consider approval of the Funding Agreement between the Town of Fuquay-Varina and Wake County in the amount of $11,785 for the replacement of Fire Station 1 rear concrete apron. Recommendation – Approve a Funding Agreement between the Town of Fuquay-Varina and Wake County for the replacement of Fire Station 1 rear concrete apron as presented. Agenda Item No. 8H: Funding Agreement – Wake County – Exterior Painting of Fire Station #1 Purpose – To consider approval of the Funding Agreement between the Town of Fuquay-Varina and Wake County in the amount of $7,071 for the painting of the exterior of Fire Station #1. Recommendation – Approve a Funding Agreement between the Town of Fuquay-Varina and Wake County for the painting of the exterior of Station 1 as presented. A motion was made to approve all items (A-H) on the Consent Agenda as recommended. MOTION: Mayor Pro-Tempore Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ****************************** ITEMS REMOVED FROM CONSENT AGENDA There were no items removed from the Consent Agenda for discussion or separate action. ****************************** ADMINISTRATIVE REPORTS Agenda Item No. 10.A LAPP Supplemental Agreement – NW Judd Parkway Construction Funding Purpose – To consider a supplemental agreement to allow the Town to accept $4,500,000 in LAPP funding towards the NW Judd Parkway Construction Project. Staff Comments – Town Manager Mitchell advised that the Town has continued its successful efforts in acquiring Locally Administered Projects Program (LAPP) funding for the NW Judd Parkway for design, right of way, and most recently construction. The supplemental agreement under consideration is to complete the agreement with NCDOT for $4,500,000 in LAPP construction funding recently awarded by the Capital Area Metropolitan Planning Organization (CAMPO) for NW Judd Parkway. This funding represents 24% of the Construction / Construction Administration funding for NW Judd Parkway with the other 76% ($14,250,000) funded by the Town's 2015 Transportation Bond Program. The Town is currently in the right of way acquisition process, with right of way acquisition funding ($5,900,000) supported with 50% bond program funds and 50% LAPP grant funding. Town Manager Mitchell advised that the current schedule is to complete ROW acquisition by late 2017 and go to award the construction project in the first quarter of 2018. Approval of the supplemental agreement positions the town to receive another $4.5 million towards transportation improvements in the community, and represents another milestone in the Town's 2015 Transportation Bond Program. Town Manager Mitchell stated that he and staff enthusiastically recommend approval and that a project ordinance amendment to add this funding to the project will be necessary once the project has been bid and a final construction amount is determined. Board Discussion – Mayor Byrne stated that he enthusiastically supports the recommendation. Mayor Pro-Tem Massengill stated that this is a wonderful milestone for the Town towards transportation improvements. Recommendation - Authorize the Town Manager to enter into the supplemental agreement with NCDOT for the U-5317, NW Judd Parkway Construction Funding in the amount of $4,500,000 subject to Town Attorney approval as to form. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ****************************** OTHER BUSINESS A. Manager’s Report – (Mitchell)  Reported on the recent birth of twin boys to Economic Development Director Jim Seymour and his wife Valarie.  Reported that he is finalizing the 2017 Strategic Planning Retreat minutes, and will have them at the next meeting for consideration and approval.  Reported that he toured the Terrible Creek Waste Water Treatment Plant expansion project and that structures have been erected and the project is coming along nicely. He advised that staff would have a presentation in the coming weeks of an aerial view of the project.  Reported that the Town is fully staffed in the Inspections Department  Reported on the Municipal Manager’s meeting held in Cary.  Reported on a meeting the Assistant Town Manager Matthews attended with Wake County on the Room Occupancy, Food and Beverage Tax, of which the Town was previously awarded a grant of $500,000 for Fleming Loop Park. Advised that he learned that they would possibly do another grant award process later this year, where the Town may apply for funding of the Arts Center.  Reported on the success of the 2035 Community Vision Land Use Plan (LUP) Public Drop-in Session that was held on March 9, 2017.  Reported that the 2017-2018 FY Budget process is underway with ongoing meetings with Department Heads.  Reported that he recently promoted Firefighter Justin Riewestahl as the new Fire Captain and hired Christopher Page to fill the Firefighter position.  Reported that he attended the NC Main Street Conference in Shelby, NC and that the Town was well represented, and Mark Doble, owner of Aviator Brewing Company was awarded the Main Street Champion award.  Reminded the Town Board of the retirement dinner for Planning Director Mike Sorensen. B. Update – State of the Town Video  Town Manager Mitchell asked Communications Director Susan Weis to report on the feedback received from social media regarding the Mayor’s recent “State of the Town Address”. Communications Director Weis stated that there have been about 20,000 views on Facebook, 800 views on YouTube, 2,500 likes, and lots of positive comments. C. FVPD Retail Coalition Meeting – Monday, March 27, 2017 at 10:00 am at the FVPD in the Training Room  D. Coffee with a Cop – St. Bernadette Catholic Church – March 29, 2017, 2:00 – 4:00 pm E. Wake Transit FY 2018 Draft Work Plan Public Meeting - Wake County Southern Regional Center - March 30, 2017 - 4:30 - 7:00 pm (Presentations to begin at 5 pm and 6 pm) F. Fuquay-Varina NC Main Street Public Visioning Meeting – March 30, 2017 – 6:00 pm to 8:00 pm – Public Service Center G. Grow with the Police - Garden Hut - April 18, 2017 - 10:00 - 11:30 am H. Zoning Map Amendment - Pulte Group - 7826 S NC Hwy 55 - PIN 0675232939 - REZ-2016-28 - (FIRST READING) I. Town Code Amendment - Comprehensive Amendment to the Land Development Ordinance (LDO) - CTA-2017-01 - (FIRST READING) ****************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill – stated that he had no further comments or business to discuss. Commissioner Adcock – stated that the Consent Agenda contained several annexations, and he is excited to see the growth in Fuquay-Varina. Commissioner Harris – stated that he had no further comments or business to discuss. Commissioner Wunsch – stated that the sun is shining bright in Fuquay-Varina and we are blessed to wake up in this Town. Commissioner Gardner – thanked all of the organizations that presented their requests for funding to the Law and Finance Committee, and she appreciates all of the Town partners who provide wonderful services to our Town. Mayor Byrne – stated that the Town’s partnering organizations are the best of Fuquay- Varina and he appreciates the services that they provide to the Town. He then reported on prior and upcoming events that are on his calendar. ****************************** CLOSED SESSION - Pursuant to N.C.G.S. §143-318.11(a)(3) – Attorney Client Privilege and N.C.G.S. §143-318.11(a)(5) – Property Acquisition. A motion was made to go into Closed Session at 8:33 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ****************************** OPEN SESSION – The Town Board returned to open session at 8:46 p.m. with nothing to report out. ****************************** ADJOURN A motion was made to adjourn the meeting at 8:46 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) Adopted this the 3rd day of April 2017 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk