Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING DECEMBER 17, 2019 CALL TO ORDER Mayor John W. Byrne called the regular meeting of the Fuquay-Varina Board of Commissioners to order on December 17, 2019 at 7:00 p.m. Commissioners Present: Blake Massengill (Mayor Pro-Tem) Bill Harris Marilyn Gardner (arrived at 7:02) 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 Larry Smith provided the invocation and Police Chief Laura Fahnestock led the Pledge of Allegiance. ****************************** APPROVAL OF THE MINUTES The December 2, 2019 minutes of the regularly scheduled meeting of Town Board of Commissioners were presented and recommended for approval. MOTION: Commissioner Wunsch SECOND: Commissioner Smith MOTION RESULT: Passed Unanimously (5-0) ****************************** PRESENTATIONS Agenda Item No. 4A NW Judd Parkway - Construction Progress Update Video Town Manager Mitchell presented an update and video of the construction of NW Judd Parkway. He stated that progress is on tract and the project should be completed in February 2021. Engineering Director Tracy Stephenson stated that for the first time they will witness the construction of the sidewalks for the project being made by a machine. He stated that as long as the weather cooperates the project should stay on schedule. ****************************** PUBLIC COMMENTS: Kathy Cox, 513 Corwood Drive, asked if the decision for the Town not to move forward with Micro-Transit was based on funding and she asked that a copy of the study be made available for those who participated in the study. Town Manager Mitchell stated that the Town Board received the findings of the study at the last Town Board meeting and staff will soon make it available to the public through the Town’s website. Mayor Byrne stated that the decision to not move forward was partly based on the projected cost to provide the service and partly based on timing. While the Town did plan financially for Micro-Transit, it was not enough to cover the projected cost provided by the study. Town Manager Mitchell further explained that the Town will be looking for funding partners that can help with reoccurring expenses of the service and that the service currently does not coincide with funding in the Town’s 5-Year Plan. The Town Board will discuss this matter more and the upcoming 2020 Strategic Planning Retreat. Ms. Cox also stated that the Wake Transit plan that adds a stop at Wake Technical Community College has been moved to summer of 2020. She stated that the lot has been constructed but the road to the lot has not been constructed and asked that the Town Board encourage representatives to move the project forward. Assistant Town Manager Mark Matthews stated that the operator of the route (GoRaleigh) has expressed that they will not be able to provide the stop at Wake Tech until the road is complete because it would slow down the routing of the express bus. Stephine Galloway, a business owner at 7629 Purfoy Road, stated that commuters are trying to get acclamated to the new median on Purfoy Road, and she asked the Town to petition NCDOT to either add a u-turn at the stoplight at Purfoy Road and Old Honeycutt Road or adjust the median to make a cut through so that the Myrtle Grove complex is available for access from both directions. She expressed that people are ignoring the median and go to the left of it to gain access to the parking lot, or making an illegal u-turn, which poses a huge safety issue. She also expressed that there was not an opportunity for the local business owners to lobby for cut throughs. She stated that she will present this same information at the CAMPO meeting. Mayor Byrne encouraged her to make the request to CAMPO and maybe there is some opportunity to make some adjustments. ****************************** ITEMS TABLED FROM PREVIOUS MEETING: There were no items table from previous meeting for the December 17, 2019 Town Board meeting. ****************************** PUBLIC HEARINGS: There were no public hearings for the December 17, 2019 Town Board meeting. ****************************** CONSENT AGENDA Agenda Item No. 8.A: Budget Amendment - Grant - Programming - Arts Center - $7,500 - BA-20-12 Purpose – To consider approval of budget amendment BA-20-12 recognizing funds from United Arts Council Arts for Municipalities grant in the amount of $7,500 for programming within the Arts Center. Recommendation – Approve budget amendment BA-20-12 as presented and recommended. Agenda Item No. 8B: Voluntary Annexation Petition - Mills and Holleman Property - 3121 and 3232 James Slaughter and 1800 Bass Lake Road, Fuquay-Varina – PINs 0668420610, 0668338441 and 0668224658 - ANX-2019-1 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 January 6, 2020 following the receipt of a petition for voluntary annexation of property owned by Benjamin J. Slaughter, Trustee under the Lynn S. Mills Revocable Trust and Edythe Holleman, located at 3121 and 3232 James Slaughter Road and at 1800 Bass Lake Road, containing a total of 130.056 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 January 6, 2020 for property owned by Mills and Holloman - (ANX-2019-13) as presented and recommended. Resolution No. 19-1640 Resolution No. 19-1641 Agenda Item No. 8C: Voluntary Annexation Petition - ST Wooten- 3625 Banks Road, Fuquay-Varina – PIN 0688542995 - ANX-2019-19 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 January 6, 2020 following the receipt of a petition for voluntary annexation of property owned by St Wooten Construction Company, Inc., located at 3625 Banks Road, containing 17.05 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 January 6, 2020 for property owned by ST Wooten (ANX-2019-19) as presented and recommended. Resolution No. 19-1642 Resolution No. 19-1643 A motion was made to approve all items (A through C) on the Consent agenda. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (5-0) ****************************** ADMINISTRATIVE REPORTS Agenda Item No. 10A: Contract Award ($65,454) and Budget Amendment ($30,000) - Pacos Construction - Action Park Retaining Wall - Parks, Recreation and Cultural Resources - BA-2020- 13 Purpose – To consider award of the Action Park Retaining Wall Project to Pacos Construction and approval of a related budget amendment. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. The Engineering Department prepared bid packages and held a bid opening for Action Park Retaining Wall Project on November 26, 2019 at 3:00 pm. The bid package included items associated with demolition and removal of the existing failing retaining wall and steps, and installation of 575 SF of retaining wall, 187 LF of handrail and 12 SY of concrete paving and stairs. Five bids were submitted. Pacos Construction Company was the low bidder for the Base Bid with a bid of $87,894.00. Town Manager Mitchell advised that with the estimated project budget, the scope of work will be modified to exclude handrail work at this time. The handrail is not required by building code, and staff will pursue a different strategy to create a visual barrier to discourage patrons from climbing or walking off the wall. This modification reduces the contract cost by $22,440.00 for a total of $65,454.00. Town Manager Mitchell informed the Board that the provided costs are extremely competitive and are at or below current marketplace values. He stated that given the need to improve the Park’s failing retaining wall and pricing available to the Town at this time, management and staff recommend award of the Fuquay-Varina Action Park Retaining Wall Project contract to Pacos Construction Company. A budget amendment in the amount of $30,000 of higher than budgeted Recreation Unit Fee revenue is required to support this contract award. Discussion – Mayor Byrne asked how long the existing retaining wall had been there. Parks and Recreation Director Cox stated at least 20 years. Commissioner Smith was concerned about the safety of people getting on the wall. It was stated that measures will be put in place to discourage that from occurring. Recommendation – Approve budget amendment BA-20-13 in the amount of $30,000 and award the Action Park Retaining Wall Project to Pacos Construction for $65,454 as presented and recommended. MOTION: Commissioner Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10B: Contract Award - Moffat Pipe and JMT Associates - Construction and Construction Engineering and Inspection (CEI) Services - Park Depot Greenway Trail Purpose – To consider awarding a contract for the construction of the Park Depot Greenway project to Moffat Pipe, Inc. in the amount of $971,942, and to award a CEI contract to Johnson, Mirmiran and Thompson, Inc. (JMT Associates) for construction inspection of the Park Depot Greenway project in the amount of $147,353.48. Additionally, the purpose of this agenda item is to consider authorizing the Town Manager to execute both contracts on behalf of the Town subject to the Town Attorney's review as to form. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He advised that the Park Depot Greenway Trail will connect existing greenway facilities that run from Kennebec Road at Willow Spring High School to NC 55 at the South Lakes subdivision. This project will continue this greenway across NC 55, through a portion of the Meadowbrook subdivision and will connect to the Old Honeycutt Road Park and soccer fields. This project will include parking at the intersection of the greenway with NC-55. Once complete, this greenway will be approximately two miles long. Town Manager Mitchell reminded the Town Board that in Spring 2019, CAMPO Staff recommended funding the project with unobligated funds that would otherwise be subject to the pending Federal rescission. The CAMPO Executive Board approved CAMPO staff recommendation, which was for award of $989,728 in construction funds for this project at its April 2019 meeting. Town Manager Mitchell reported that when complete, this section of greenway will have portions that were funded by the Town, Wake County, Wake County Schools, private development, and FHWA. He then advised that Town Staff received bids on November 12, 2019 and Narron Construction was the low bidder with a bid of $828,802.80. Narron subsequently exercised their statutory right to withdraw their bid based on an administrative error. Town Staff consulted with the Town Attorney and went through the process required by statute for hearing the request to withdraw. Town Staff and the Town Attorney conducted the hearing and issued a ruling accepting the withdrawal based on Narron Contracting providing evidence of their bid error. Town Manager Mitchell stated that with the Narron bid withdrawn, the remaining low bidder is Moffat Pipe, Inc. with a low bid of $971,942.00, which Town staff believes to be an acceptable price. Town Manager Mitchell further stated that in addition to the construction contract, management and staff are requesting award of a contract to JMT Engineering for Construction Engineering and Inspection services. The Town has been using these services for LAPP projects because of the extensive documentation burden that is required for administering Federally funded contracts. JMT was recently approved by the Town Board as one of the on-call CEI contractors. They have provided a scope and fee of $147,353.48 for their services. Discussion – There were no board discussion. Recommendation – Award a contract for the construction of the Park Depot Greenway project to Moffat Pipe, Inc. in the amount of $971,942, award a CEI contract to Johnson, Mirmiran and Thompson, Inc. (JMT Associates) for construction inspection of the Park Depot Greenway project in the amount of $147,353.48. and authorize the Town Manager to execute both contracts on behalf of the Town subject to the Town Attorney's review as to form. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) ****************************** OTHER BUSINESS A. Town Manager’s Report – a brief report on the following was provided: • Reported that the Police Department participated in “Shop With A Cop”. • Reported that management has been working with Planning staff in the absence of their director. The ETJ meeting was well attend. • Reported that the Town had a fantastic tree lighting event. Thanked the FVDA for their help and Century 21 Triangle Group for the trolley at the event.  • Reported that the Town had a very successful Christmas parade and thanked the Chamber of Commerce for their time and efforts is presenting the parade. • Reported that on the hiring of a sanitation worker, Stephen Parks • Reported that he and Mayor Byrne met with Brandon Conover, Chamber of Commerce Chairman and that the Chamber of Commerce announced the hiring of Kate MacMonagle as their Executive Director. • Reported that staff has been working on the State of Town Address that will be presented by the Mayor at the first meeting in March 2020. • Reported that Mayor Byrne and Mrs. Byrne were performers in the Nutcracker at the Arts Center. • Reported that the recent Barbershop Rap session and Coffee with a Cop events were very successful. • Reported that the Arts Center will be showing the movie “Christmas Vacation” on Monday, December 23, 2019 at 6:30 pm. B. Suzy Bogguss - Swingin' Little Christmas - Fuquay-Varina Arts Center - Thursday December 19, 2019 - 8:00 pm C. It's a Wonderful Life Radio Play - Fuquay-Varina Arts Center - Saturday December 21, 2019 - 7:00 pm D. Town Offices Closed for Observance of Christmas and New Years - December 24- 26, 2019 and January 1, 2020 E. Rev. Dr. Martin Luther King, Jr. Celebration – Cultural Arts Society of Fuquay-Varina – January 20, 2020 - 8:00 am F. Zoning Map Amendment - Withers Ravenel - 3232 and 3121 James Slaughter Road and 1800 Bass Lake Road - PINs 0668420610, 0668224658, and 0668338441 - REZ- 2019-19 - (Mitchell/Matthews/Davison) - FIRST READING G. Zoning Map Amendment - Town of Fuquay-Varina - Application of Town Zoning on All Parcels Included in the Newly Expanded Extraterritorial Jurisdiction - REZ-2019- 23 - (Mitchell/Matthews/Davison) - FIRST READING H. Zoning Map Amendment - Timmons Group - 1900 and 1924 N Broad Street, and 200 Dickens Road - PINs 0657772966, 0657774574, and a Portion of 0657871827 - REZ-2019-22 - (Mitchell/Matthews/Davison) - FIRST READING I. PLANWake Update and Survey Invitation ***************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill thanked Joy Daubenspeck for the Christmas cookies and stated that he enjoyed the Pine Acres Meals on Wheels Christmas event. Commissioner Smith stated that the Christmas Parade was well attended, and that Police and Chamber did a great job. He then wished staff, the Town Board, and citizens a very Merry Christmas. Commissioner Harris wished everyone a Merry Christmas. He stated that he had a citizen come up to him and said that the Christmas tree lighting event was like a Hallmark movie. Also want to keep the citizen engagement on the fore front for staff to check into. Commissioner Wunsch stated that the Town has had great events like the Christmas Parade and the tree lighting. Also wished everyone a Happy Hanukkah and Happy Holidays. He further thanked the Board members and staff for the plant given to him for the passing of his grandmother and he gave a brief history of his “phenomenal” grandmother. Commissioner Gardner thanked the Town for the Tree Lighting and Christmas Parade. She stated that the sledding and ice skating added fun to the event. She also stated that former Commissioner Mollie Stephenson had a great time being the Grand Marshall of the Christmas Parade this year. She further stated that last week she had the opportunity to meet her newest grandson that was born in Columbus, Ohio. Commissioner Gardner wished everyone a wonderful and blessed holiday season and reminded everyone to be cognizant of those who are having a hard time during this season. Mayor Byrne stated that Mark Doble has opened his pizza shop. Mayor Byrne gave the following report on past and upcoming events as follows: Past Events 12/4 – FVDA Nominating Committee 12/5 – 12/6 – Metro Mayors Annual Meeting 12/5 – Tree Lighting – Downtown Fuquay – 6:00 pm 12/6 – Re-grand opening of McDonalds – 4:00 pm 12/6 – FV Chorale Holiday Concert - Arts Center – 7:30 pm 12/7 – FV Choral Holiday Concert – 3:00 pm 12/8 – Chamber Christmas Parade – 3:00 pm 12/13 – Nutcracker Community Performance – Arts Center – 7:00 pm 12/14 – Nutcracker Community Performance – Arts Center – 11:00 am, 2:30 pm and 5:30 pm 12/16 – Coffee with a Cop – FV Junior Club – 9:30 – 11:30 am Upcoming Events 12/19 – Meeting on I-540 ****************************** ADJOURN A motion was made to adjourn the meeting at 8:03 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Harris MOTION RESULT: Passed Unanimously (5-0) Adopted this the 6th day of January 2020 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk