Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING OCTOBER 22, 2019 CALL TO ORDER Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of Commissioners to order on October 22, 2019 at 7:00 p.m. Commissioners Present: Blake Massengill (Mayor Pro-Tem) Bill Harris Marilyn Gardner Jason Wunsch Larry Smith Commissioners Absent: None Others Present: Economic Development Director Jim Seymour (Acting on behalf of Town Manager Mitchell) Town Clerk Rose Rich Town Attorney James Adcock Town Manager Adam Mitchell (Absent, attending ICMA conference.) Assistant Town Manager Mark Matthews (Absent, attending ICMA conference.) ****************************** INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Larry Smith provided the invocation and Kara Canussin with Scout Troop 2019 of Holly Springs led the Pledge of Allegiance. ****************************** APPROVAL OF THE MINUTES The October 7, 2019 minutes of the regularly scheduled meeting of Town Board of Commissioners were presented and recommended for approval. MOTION: Commissioner Harris SECOND: Mayor Pro-Tem Massengill MOTION RESULT: Passed Unanimously (5-0) ****************************** PRESENTATIONS Agenda Item No. 4A Recognition of Service - Rachel Weber - Board of Adjustment Mayor Byrne recognized Rachel Weber for her service on the Board of Adjustment as an alternate member. He commended Ms. Weber for her perfect attendance to all the Board of Adjustment meetings and presented her with a plaque for her dedicated service from January 2017 until October 2019. Ms. Weber thanked the Town Board for the learning opportunity while serving on the Board of Adjustment and for the plaque and special recognition. ****************************** PUBLIC COMMENTS: There were no public comments for the October 22, 2019 Town Board meeting. ****************************** ITEMS TABLED FROM PREVIOUS MEETING: There were no items tabled from previous meeting for the October 22, 2019 Town Board meeting. ****************************** PUBLIC HEARINGS: There were no public hearings meeting for the October 22, 2019 Town Board meeting. ****************************** CONSENT AGENDA Agenda Item No. 8.A: Budget Amendment - Hilltop Needmore Town Park and Preserve - Parks, Recreation and Cultural Resources - BA-20-08 - $23,450 Purpose – To consider approval of a budget amendment in the amount of $23,450, recognizing donated funds from Mr. Bob Barker (Bob Barker Co.) and the Hilltop Needmore Town Park and Preserve Advocacy Group for the purchase of an informational kiosk and park benches for the Hilltop Needmore Town Park and Preserve property. Recommendation – Approve budget amendment BA-20-08 as presented and recommended. Agenda Item No. 8B: Project Ordinance Amendment - Fuquay-Varina Arts Center Purpose – To consider a project ordinance amendment to appropriate interest revenues to the Fuquay-Varina Arts Center Project for the final costs associated with installation of the audiovisual equipment and labor. Recommendation – Approve Project Ordinance Amendment (POA-20-02) as presented and recommended. Ordinance No. N-19-56 Agenda Item No. 8C: Voluntary Annexation Petition - Annie Mae Ellen Perry Property - Phillips Place - 1105 S. Main Street – Portion of PIN 0666011773 - ANX-2019-14 Purpose – To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition, and to consider adoption of a resolution setting a public hearing for November 4, 2019 following the receipt of a petition for voluntary annexation of property owned by Annie Mae Ellen Perry located at a portion of 1105 S. Main Street, containing 28.305 acres. Recommendation – 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 November 4, 2019 for property owned by Annie Mae Ellen Perry (Phillips Place) (ANX-2019-14) as presented and recommended. Resolution No. 19-1629 Resolution No. 19-1630 A motion was made to approve all items (A-C), on the Consent agenda. MOTION: Commissioner Wunsch SECOND: Commissioner Smith MOTION RESULT: Passed Unanimously (5-0) ****************************** ADMINISTRATIVE REPORTS Agenda Item No. 10A: Land Lease Agreement Amendment - American Tower Purpose – To consider approval of a land lease agreement amendment for the communications tower at 304 Jones Road. Staff Comments – Economic Development Director Seymour entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He advised that the original agreement that the Town entered into with American Tower is scheduled to expire on May 31, 2022. Economic Development Director Seymour stated that American Tower is seeking to renew the lease with the following terms. 1. Lease term extended five years from the expiration date of May 31, 2022 and automatically renews every five years until 2047, unless tenant elects not to renew lease with a 90-day notice. 2. A one- time payment of $20,000 with Town execution of the amendment by November 30, 2019. 3. Monthly rent will increase to $1,100/month on the first month after the effective date of the agreement, effective date being the execution of the amendment, and the monthly rent will increase 3% annually starting June 1, 2020. 4. The current co-location fee of $100 per month for T-Mobile shall increase 3% annually. 5. Any future co-locators fee will be $200 per month which will increase 3% annually from their first payment. 6. Limited right of refusal if the Town should decide to sell the subject land. Economic Development Director Seymour additionally reported that the mailing address will need to be updated prior to execution. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve the 304 Jones Road Land Lease Agreement Amendment 2 as presented and recommended and authorize the Town Manager to execute the land lease agreement amendment on behalf of the Town. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10B: Easement Request - Duke Energy Progress, LLC Purpose – To consider an easement request by Duke Energy Progress, LLC pertaining to planned electrical facilities crossing the Northwest Regional pump station property. Staff Comments – Economic Development Director Seymour entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then advised that the Town Board is being asked to consider approval of an easement agreement with Duke Energy Progress for property owned by the Town located off Wade Nash Road and is the site of the Town’s Northwest Regional Pump Station. Economic Development Director Seymour stated that Duke Energy is seeking to install underground electric wiring at a depth of 4 feet along Wade Nash Road as part of their substation improvement project. He then went to on state that due to other utility conflicts in the area, Duke has identified a need to be out of the NCDOT right-of-way for installation of their infrastructure. He further reported that Duke Energy Progress, LLC is seeking the easement to encroach into the Town’s property and install their infrastructure roughly 5 feet from the NCDOT right-of-way line along Wade Nash Road. Economic Development Director Seymour advised that the request does not present a conflict to the Town’s existing infrastructure or need for future use of the property, as their will be no overhead utilities or appurtenances installed in the easement. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Grant the easement to Duke Energy Progress, LLC as presented and recommended, and authorize the Town Manager to execute the easement document on behalf of the Town, subject to Town Attorney review as to form. MOTION: Commissioner Gardner SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10C: Acceptance of Property - Former Fuquay-Varina Community Library - 133 S. Fuquay Avenue Purpose – To accept the conveyance of real property located at 133 S. Fuquay Avenue from Wake County. Staff Comments – Economic Development Director Seymour entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then advised that the Town Board is being asked to consider approval of acceptance of a non-warranty deed which allows for the conveyance of the former Community Library building and property, at 133 S. Fuquay Avenue to the Town of Fuquay-Varina. Economic Development Director Seymour reported that Wake County will be considering the same at their meeting on October 21. He then advised that the sale of the building and property by the Town to the County in 1987 included language in the deed whereby the building and property would revert back to the Town and the Town would retake ownership in the event that the Community Library were ever moved to another location. He further stated that this action will allow the town to take ownership of 4,160 square feet of building, 25 public parking spaces, and 0.53 acres of land adjacent to a town park and diagonally across the street from the Fuquay-Varina Arts Center. Discussion – Mayor Byrne made reference to the Town’s first library building being located on Woodrow Street across from the Fuquay-Varina Middle School. Recommendation – Accept the conveyance of real property located at 133 S. Fuquay Avenue from the Wake County Board of Commissioners as presented, subject to review of terms and conditions acceptable to the Town Attorney. MOTION: Commissioner Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) ****************************** OTHER BUSINESS A. Manager’s Report – gave a brief report on the following: • Building Codes Director Hinnant reported that 43 certificates of occupancy were issued as of October 1, 2019. 41 new single-family permits have been issued and 90 have been applied for since October 1, 2019 making already breaking growth records before month end. B. Quarterly Report – 3rd Quarter 2019 C. Coffee with a Cop - The Mill - 146 S. Main Street - Friday November 8, 2019 - 9:30 am - 11:30 am D. Fuquay-Varina Downtown Revitalization - BBQ Blues and Brews Festival - Downtown Varina - Saturday November 9, 2019 - 2:00 - 6:00 pm E. Zoning Map Amendment - The Spaulding Group, PA - 710 and 910 N Main Street - PINs 0667200113 and 0666392352 - REZ-2019-18 - (Seymour/Smith) - FIRST READING ***************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill stated he appreciates all that departments that helped with the “Touch A Truck” event at Pleasant Grove Baptist Church Daycare. He also stated that he appreciates the Fire Department for coming to Pleasant Grove Baptist Daycare for fire prevention month and speaking to the kids. He stated that he and his family enjoyed the haunted trails and commended all staff for the hard work and efforts towards a successful event. Commissioner Smith stated that he had been out that morning and ran into public utilities staff and that they were doing a great job. He appreciates all the excellent service that town employees provide to citizens. Commissioner Harris stated that on October 12th he attended the Barbershop Rap Session hosted by Extraordinary Cuts Barbershop and the Fuquay-Varina Police Department. He commended Police Chief Fahnestock and the Police Department for taking the initiative to bridge differences by breaking down communication barriers. He stated that these events allow the community to create dialogue and address issues that affect everyone, and he encouraged everyone to attend. Commissioner Wunsch stated that he was at a work-related Social Media Conference in Miami, Florida where he met some people who have large social media followings. He stated that he was surprised to know that they knew about Fuquay-Varina and had even visited at one point in time and had positive comments about the Town. He also stated that he was excited about the record number of permits issued this month. Commissioner Gardner commended Economic Development Director Seymour for filing in for the Town Manager tonight and for doing an amazing job. She also enjoying preparing for the candidate forum that will take place tomorrow evening at the Arts Center. She stated that she is thankful for the opportunity to grow and learn while serving on this Board. Mayor Byrne stated that at the October 21, 2019 meeting of the Wake County Board of Commissioners, the Commissioners approved the Town’s request for the ETJ expansion, extending the Town’s ETJ by 10,000 acres (in accordance with an alternate map as proposed by Wake County staff). Mayor Byrne then gave the following report on past and upcoming events as follows: Past Events 10/8 – Police Swearing in 10/10 – FM2FV Concert North Tower 10/12 – Barbershop Rap Session with Police Dept. at Extraordinary Cuts 10/12 – Fire Department Open House 10/15 – Town’s Micro Transit Meeting at Arts Center 10/16 – CAMPO Meeting 10/19 – Haunted Trail at CHJEEP Park 10/21 – Wake County Board of Commissioner Meeting - ETJ Upcoming Events 10/23 – Chamber of Commerce Candidate Forum – Arts Center – 6:00 pm ****************************** The Town Board did not hold a Closed Session meeting. ADJOURN A motion was made to adjourn the meeting at 7:48 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) Adopted this the 4th day of November 2019 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk