Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING NOVEMBER 19, 2019 CALL TO ORDER Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of Commissioners to order on November 19, 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: Town Manager Adam Mitchell Assistant Town Manager Mark Matthews Town Clerk Rose Rich Town Attorney James Adcock ****************************** INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Wunsch provided the invocation and Commissioner Gardner led the Pledge of Allegiance. ****************************** APPROVAL OF THE MINUTES The November 4, 2019 minutes of the regularly scheduled meeting of Town Board of Commissioners were presented and recommended for approval. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0)  ****************************** PRESENTATIONS Agenda Item No. 4A Fuquay-Varina Middle School Site Considerations Ms. Betty Parker, Senior Director of Real Estate Services for the Wake County Public School System (WCPSS) gave a detailed presentation on the Fuquay-Varina Middle School (FVMS) site consideration, as it has outgrown its current use as a middle school. WCPSS recently purchased property from the Town (the old Kenneth Branch wastewater treatment facility) to complete the assemblage of properties what will be the site for a new elementary school and the new Fuquay- Varina Middle School, containing a total of 81.85 acres. Construction of the new Fuquay-Varina Middle School is planned to be complete by 2024. Ms. Parker stated that the current middle school could possibly be repurposed for a Pre-K Center, an Elementary School, an Intersession Track Out Program, Before/After School Care, a Second Chance Online Resource Education Center, a Regional Ready to Learn Center, and a Southern Wake Career & College Academy. Mayor Pro-Tem Massengill asked about the timeframe to decide on the purpose, and he stated that he does not want to see the building vacant for an extended period. Ms. Parker stated that within the next year a decision should be made as to what the old FVMS would be repurposed for, and that she does not foresee it being vacant for more than two years. Mayor Pro-Tem Massengill also asked if the repurposing project is currently funded. Ms. Parker stated that it is not currently in the bond plan, and she would know more about it in the next three to four months. Commissioner Gardner asked if one of the options would require the entire site. Ms. Parker stated that the site could have multiple functions occurring in it concurrently. Town Manager Mitchell asked Ms. Parker to explain why she would know more within the next three months. Ms. Parker stated that growth information would roll out in the next three or four months. ****************************** PUBLIC COMMENTS: Ms. Martha Fish addressed the Town Board regarding the voluntary annexation petition (ANX-2019-15) that is on the Consent Agenda, Item 8A and will be scheduled for a public hearing on December 2, 2019. She requested that good buffers and fences be required from the developer. Planning Director Smith stated she has already had some discussions with the developers regarding the buffers. Town Manager Mitchell explained that site conditions would be considered as part of the zoning map amendment petition public hearing on December 2, 2019, and not the voluntary annexation petition.  ****************************** ITEMS TABLED FROM PREVIOUS MEETING: There were no items table from previous meeting for the November 19, 2019 Town Board meeting. ****************************** PUBLIC HEARINGS: Agenda Item No. 7A: Resolution to Adopt the 2019 Update of the Wake County Multi-Jurisdictional Hazard Mitigation Plan Purpose – To consider the resolution to adopt the 2019 update of the Wake County Multi-Jurisdictional Hazard Mitigation Plan. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then advised that in 2018, the Town of Fuquay-Varina, along with Wake County and all other Wake County municipalities, began the 2019 update of the Wake County Multi-Jurisdictional Hazard Mitigation Plan (HMP). Town Manager Mitchell stated that the purpose of hazard mitigation planning is to provide a blueprint for community officials to use for reducing vulnerability to natural hazards. He reported that the 2019 update is to the first multi-jurisdictional plan, which was adopted in 2015. He further reported that jurisdictions must update their hazard mitigation plans and re-submit them for FEMA approval every five (5) years to maintain eligibility. Town Manager Mitchell then advised that a summary of plan changes can be found on page 5 of the document and specific information pertaining to the Town of Fuquay-Varina's assessment and capability to address hazards can be found on pages 337-353. He reported that Fuquay-Varina's overall capability rating was determined to be High on a scale of Low, Moderate, and High, which is the best rating possible. Town Manager Mitchell noted that on October 16, 2019, the Town received notice that FEMA approved the 2019 update of the Wake County Multi-Jurisdictional Hazard Mitigation Plan. Public Hearing – The public hearing was opened. No one from the audience chose to speak in favor or opposition to the resolution. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve the resolution to adopt the 2019 Wake County Multi- Jurisdictional Hazard Mitigation Plan as presented and recommended. MOTION: Commissioner Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) Resolution No. 19-1633 ****************************** CONSENT AGENDA Agenda Item No. 8.A: Voluntary Annexation Petition - Vivian Fish, Trustee of James William Property - 6490 Hilltop Road, Willow Springs – PIN 0687425609 - ANX-2019-15 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 December 2, 2019 following the receipt of a petition for voluntary annexation of property owned by Vivian Fish, Trustee of James William Property located at 6490 Hilltop Road, Willow Springs, containing 96.861 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 December 2, 2019 for property owned by Vivian Fish, Trustee of James William Property (ANX-2019-15) as presented and recommended. Resolution No. 19-1634 Resolution No. 19-1635 Agenda Item No. 8B: Voluntary Annexation Petition - Lynwood and Cassandra Daniel - 2507 N Main Street, Fuquay-Varina – Portion of PIN 0677688748 - ANX-2019-16 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 December 2, 2019 following the receipt of a petition for voluntary annexation of property owned by Lynwood and Cassandra Daniel, located at 2507 N Main Street, containing 30.054 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 December 2, 2019 for property owned by Lynwood C. Daniel and Cassandra P. Daniel (Forest Bluff Estates) (ANX- 2019-16) as presented and recommended. (This item was removed from the Consent Agenda at the request of Mayor Pro-Tem Massengill.) Agenda Item No. 8C: Temporary Street Closure and Use of Town Property – The Mill Market – December 14, 2019 Purpose – To consider a temporary street closure of Depot Street and use of a Town parking lot for The Holiday Mill Market event scheduled for December 14, 2019. Recommendation – Approve a temporary street closure on Depot Street from South Main to Spring Avenue and use of Town property for the Mill Market scheduled for Saturday December 14, 2019 as presented and recommended. Agenda Item No. 8D: Temporary Street Closure – Tree Lighting Event – Town of Fuquay-Varina – December 5, 2019 Purpose – To consider temporary street closures for the Town of Fuquay-Varina Tree Lighting Event scheduled for Thursday, December 5, 2019. Street closures and timeframes are as follows: - E. Vance St. at Main Street to Fuquay Ave. (11:00 AM – 11:00 PM) - S Main Street from W Spring Street to Academy Street (4:00 PM – 10:00 PM) - W. Vance Street at Main St. to Spring Ave. (4:00 PM – 10:00 PM) - Depot Street from Main Street to Spring Avenue (4:00 PM - 10:00 PM) - First Street from Main Street to Spring Avenue (4:00 PM - 10:00 PM) Parking is prohibited on the following streets between 3:00 PM and 10:00 PM: - Spring Avenue from Academy Street to Sunset Drive - Depot Street from S Main Street to Spring Avenue - First Street from S Main Street to Spring Avenue - West Vance Street from S Main Street to Spring Avenue The ice-skating rink will be available from 4:00 PM – 9:00 PM. The tree lighting event will operate from 6:00 PM – 8:00 PM. The Fuquay-Varina Downtown Association, Inc. sleigh rides will run from 6:00 PM to 8:00 PM. Sledding activities will operate 5:00 PM - 9:00 PM. Recommendation – Approve temporary street closures for the Town of Fuquay- Varina Tree Lighting Event scheduled for Thursday, December 5, 2019 as presented and recommended. Agenda Item No. 8E: Budget Amendment - Recognize Revenue from Donations and Wake County Small Capital Funding - $18,435 - (BA-20-09) Purpose – To recognize revenue from the Fuquay-Varina Volunteer Firefighters Organization, Fuquay-Varina Business Sponsors, and Wake County Small Capital Funding in the combined amount of $18,435. Recommendation – Approve Budget Amendment (BA-20-09) as presented and recommended. Agenda Item No. 8F: Budget Amendment - Recognizing Funds from Police Explorers Donations - Police Department - $3,050 - BA- 20-10 Purpose – To consider the adoption of a budget amendment that recognizes the funds from a recent police calendar ad fundraiser for the Fuquay-Varina Police Department's Police Explorer's Post, and a private donation from a Fuquay-Varina resident. Recommendation – Approve Budget Amendment (BA-20-10) as presented and recommended. A motion was made to approve items A through F with exception to Item B on the Consent agenda. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Smith MOTION RESULT: Passed Unanimously (5-0) REQUEST FOR RECUSAL Mayor Pro-Tem Massengill requested that Item B on the Consent Agenda be removed for discussion due to a personal financial interest, and he asked the Town Board to recuse him from discussions and any action on this matter. MOTION TO RECUSE MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (4-0) ****************************** ITEMS REMOVED FROM CONSENT AGENDA Agenda Item No. 9A (Formerly 8B): Voluntary Annexation Petition - Lynwood and Cassandra Daniel - 2507 N Main Street, Fuquay-Varina – Portion of PIN 0677688748 - ANX-2019-16 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 December 2, 2019 following the receipt of a petition for voluntary annexation of property owned by Lynwood and Cassandra Daniel, located at 2507 N Main Street, containing 30.054 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 December 2, 2019 for property owned by Lynwood C. Daniel and Cassandra P. Daniel (Forest Bluff Estates) (ANX- 2019-16) as presented and recommended. Resolution No. 19-1636 Resolution No. 19-1637 MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (4-0) ****************************** ADMINISTRATIVE REPORTS Agenda Item No. 10A: Payment-In-Lieu Agreement - Bryan Properties, LLC Purpose – To consider a Payment-In-Lieu Agreement between the Town and BPropnc, LLC (Bryan Properties) for a portion of the Hilltop Needmore Road Extension associated with the Sunset Bluffs subdivision. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then advised that on January 3, 2014 the Town entered into a developer agreement with BPropnc, LLC (Sunset Bluffs developer), in which the developer agreed to complete a portion of the Herbert Akins Road/Hilltop Needmore Road realignment and extension that was required as a part of the Community Transportation Plan. Town Manager Mitchell stated that this agreement was the second agreement the Town entered into with the Sunset Bluffs developers to correct the alignments of Hilltop Needmore Road and Herbert Akins road, as well as further extending Hilltop Needmore Road. He explained that the agreement also required dedication of the future ROW for Hilltop Needmore Road across the adjacent Ransdell Property that was a remnant not included in the Sunset Bluffs subdivision. Town Manager Mitchell informed the Board that the end goal was to complete as much of the connection of Hilltop Needmore Road that connects to the Alston Ridge subdivision as feasible, recognizing that a strict application of the CTP would require construction of half of a bridge, which is neither feasible nor likely to receive needed environmental permits. Town Manager Mitchell then advised that as designs were prepared for the future portion of Hilltop Needmore Road, it became clear that the portion of the roadway west of its realigned intersection with Herbert Akins Road would remain a dead-end road and thus not bear traffic. He stated that NCDOT will not accept non-traffic bearing roads onto their system and that when the agreement was struck, it was hoped that the connection would score well enough in NCDOT's SPOT process to be funded in a timeframe that would coincide with the Sunset Bluffs construction. Town Manager Mitchell reported that with no immediate funding to connect through, the section of Hilltop Needmore Road west of Herbert Akins would have to remain Town maintained until the connection was made. Maintaining a dead-end roadway with no traffic is problematic for numerous reasons including but not limited to deterioration of the asphalt, deterioration of the storm drainage, and is likely to result in illegal dumping/storage of commercial vehicles/trespassing. Town Manager Mitchell advised that town staff met with the developer and NCDOT and all parties agreed that payment in lieu was the best option for this segment of the roadway. In discussions of modifying the original agreement, the developer proposed completing a missing sidewalk connection along Herbert Akins road to the site of Herbert Akins Elementary School (also the future site of Herbert Akins Middle School) in lieu of providing the typical 25% payment in lieu markup outlined in the Town Code of Ordinances. Town Manager Mitchell stated that town staff felt that the value of the sidewalk connection was a fair trade consistent with the value provided by the original agreement. Town Manager Mitchell then explained that under the proposed payment-in-lieu agreement, the Town is accepting a payment in lieu of $418,500 however, since the Town had agreed to reimburse up to $250,000, the additional payment in lieu responsibility for BPropnc, LLC is $168,500. Discussion – Mayor Pro-Tem Massengill requested that he be recused from discussion and action regarding this matter due to a possible financial interest. MOTION TO RECUSE MOTION: Commissioner Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (4-0) Recommendation – Authorize the Town Manager to execute a Payment-In-Lieu Agreement between the Town and BPropnc, LLC (Bryan Properties) for a portion of the Hilltop Needmore Road Extension associated with the Sunset Bluffs subdivision, subject to final approval by the Town Attorney as to form. MOTION: Commissioner Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (4-0)  ****************************** OTHER BUSINESS A. Town Manager’s Report – a brief report on the following was provided: • Chief Fahnestock appointed by NC House Speaker Tim Moore to the NC Criminal Justice Information Network Governing Board - 21 member board that is a state initiative that allows the sharing of information between federal, state, and local criminal justice agencies - 4 year appointment. • Mayor Byrne and Assistant Town Manager Matthews provided a tour of the former library building to the DMV Deputy Commissioner Karen Brown. The DMV is in need of additional space and is interested in knowing if the Town is willing to consider leasing them a portion of the space in the former library building. • Management and staff met with Wake County Fire Services staff to discuss possible fire district realignment; could result in a loss of annual revenue for the Town. • Management and staff met with Wake County Fire Services on the cost share methodology they are using; meeting included other fire service departments; still evaluating their proposal but have already identified flaws. • Hired meter service technician in the utility billing department (Brianna Bambach). • Hired equipment operator in public works department (Michael Scarborough). • Another successful Coffee with a Cop at The Mill. • Successful Barbeque, Blues, and Brews event hosted by the FVDA. • Very respectful Veterans Day program in front of the Town Hall; thank you to American Legion Post 116 for their donation of the American flag that flies over Town Hall; thank you to Chief Mauldin, Chief Fahnestock, and Jonathan Cox for their efforts in assisting with planning of the event. • Progress continues on evaluating long-term water capacity for the next 40 years • NC Hometown Hero recognition event; congratulations to Officer Nicole Krapil for being nominated by John Hiester Chevrolet. • Two new hires for Parks and Rec. – Park Maintenance Workers • Outcomes from great police work - Owner of King China Buffet ordered by the U.S. Department of Labor to pay $45,077 to eight employees for wage violations (case started as a different investigation by the Town PD that led to the wage labor findings). • A suspect in a fentanyl distribution case was sentenced to 10 years in federal prison; town PD worked closely with U.S. Department of Justice Eastern District of NC on the case. • FV Museum Board had their annual meeting and they continue to work on a Strategic Plan. • Town is going to host the Wake County History Preservation celebration at the Arts Center on May 3, 2020.  • NC Municipal Manager luncheon - Revaluation Presentation - 23% average increase in tax value projected for the Town - presentation to Town Board at a future meeting on the specifics. • Hosted the local government census subcommittee meeting in the training room. • Staff has begun working on the State of the Town video. • Mayor Byrne, Economic Development Director Seymour and Town Manager Mitchell gave a tour of Town Hall to the Century 21 Triangle Group. • Town Board Retreat will be January 31- February 2, 2020. • NCDEQ will perform a National Pollutant Discharge Elimination System Municipal Separate Storm Sewer System Permit Compliance Audit on December 20th. B. Christmas with The Embers featuring Craig Woolard - Fuquay-Varina Arts Center - Wednesday November 27, 2019 - 7:00 pm C. Christmas Tree Lighting - Downtown Fuquay-Varina - Thursday December 5, 2019 - 6:00 pm D. Fuquay-Varina Chorale Holiday Concert - Fuquay-Varina Arts Center - Friday December 6, 2019 - 7:30 pm and Saturday December 7, 2019 - 3:00 pm E. Fuquay-Varina Chamber - Christmas Parade - Sunday, December 8, 2019 - 3:00 pm F. The Nutcracker - Community Performance - Fuquay-Varina Arts Center - Friday December 13, 2019 - 7:00 pm and Saturday December 14, 2019 - 11:00 am, 2:30 pm, 5:30 pm G. Zoning Map Amendment - The Spaulding Group - 6490 Hilltop Road - PIN 0687425609 - REZ-2019-21 - (Mitchell/Matthews/Smith) - FIRST READING ***************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill stated that he has volunteered as an assistant coach for the 4 – 5 year old’s Skills and Drills basketball, and that Parks & Recreation is doing a great in this area. He reminded everyone that the Fuquay-Varina Junior Woman’s Charity Ball will be held the Friday night of November 22, 2019. All proceeds raised will go back into the community. He also stated that November 23rd is the Mayor’s birthday. Commissioner Smith stated that he enjoyed the Veteran’s Day event held here at Town Hall on November 11th. He also congratulated Mayor Byrne, Commissioner Harris and Commissioner Gardner for being re-elected to the Town Board and he looks forward to working with everyone for the next 4 years. Commissioner Harris also congratulated Mayor Byrne, Commissioner Smith and Commissioner Gardner for being re-elected. He also stated that he enjoyed the Barbershop Rap Session that was held Saturday, November 9, 2019, which was very informative. He also enjoyed the BBQ, Blues and Brews event, as he was a participant playing his trumpet. Commissioner Wunsch also congratulated those who were re-elected. He further stated that the Fuquay-Varina High School gymnastic team came in 2nd place in the State Championship. He also stated that the Fuquay-Varina High School has established a Sports Medicine National Honor Society. He reported that the Fuquay-Varina High School football team won against Middle Creek High School. Commissioner Gardner congratulated Mayor Byrne, Commissioner Harris and Commissioner Smith for being re-elected to the Town Board. She stated that she was proud of the Friends of the Museum’s work on the Strategic Plan. She thanked Town Manager Mitchell, Economic Development Director Jim Seymour and Mayor Byrne for giving a tour of Town Hall today to members of Century 21 Triangle Group and stated that they were very impressed with the new Town Hall. Mayor Byrne stated he appreciates American Legion Post #116 for the Veteran’s Day event that was held here at Town Hall, and he thanked the Police Department for assisting. Mayor Byrne gave the following report on past and upcoming events as follows: Past Events 11/9 – BBQ and Brews Festival Varina District – 2:00 – 9:00 pm 11/11 – Flag Ceremony American Legion – 1:30 – 2:30 at Town Hall 11/12 – NC Hometown Hero Recognition and First Responder Luncheon at Heister Chev. – 3100 N. Main Street 11/12 – Museums Annual Meeting – 5:00 pm 11/12 – FM2FV Concert – Embers 11/13 – Complete 540 Groundbreaking – 1:00 pm 11/14 – Teachers Mini Grants Reception – FV Woman’s Club – 4:00 pm Upcoming Events 11/20 – Proclamation at Ballentine School – National Banner Unified Champions 11/20 – CAMPO meeting 11/21 – Interview with Suburban Living Magazine 11/22 – Jr. Woman’s Club Charity Ball ****************************** CLOSED SESSION – Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege A motion to hold a closed session meeting at 8:48 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) ****************************** A motion was made to return to open session at 9:17 p.m. MOTION: Commissioner Wunsch SECOND: Commissioner Smith MOTION RESULT: Passed Unanimously (4-0) (Mayor Byrne was recused from the Closed Session due to a conflict of interest) ADJOURN A motion was made to adjourn the meeting at 9:17 p.m. MOTION: Commissioner Wunsch SECOND: Commissioner Smith MOTION RESULT: Passed Unanimously (4-0) Adopted this the 2nd day of December 2019 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk