Board of Commissioners

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING DECEMBER 22, 2020 CALL TO ORDER Mayor John W. Byrne (physically present) called the regular meeting of the Fuquay-Varina Board of Commissioners to order on December 22, 2020 at 7:00 p.m. This meeting was conducted using the Zoom media platform due to state mandates for social distancing and mass gatherings to prevent the spread of the COVID-19 Novel Coronavirus. Commissioners Physically Present: Blake Massengill (Mayor Pro-Tem) Bill Harris Jason Wunsch Marilyn Gardner Larry Smith Commissioners Remotely Present: None Others Physically Present: Town Manager Adam Mitchell IT Director Scott Clark Others Remotely Present: Assistant Town Manager Mark Matthews Assistant Town Manager Jim Seymour Town Clerk Rose Rich Town Attorney James Adcock ****************************** INVOCATION AND PLEDGE OF ALLEGIANCE Commissioner Larry Smith provided the invocation and Commissioner Marilyn Gardner led the Pledge of Allegiance. ****************************** VIRTUAL MEETING PROTOCOL AND INSTRUCTIONS Mayor Byrne asked Town Manager Mitchell to review the meeting protocol for public participation as it relates to this virtual meeting. Town Manager Mitchell stated that all attendees that have joined the meeting tonight, have joined muted. He advised that there is a public comment period at the beginning of the meeting and that there are no public hearings scheduled for tonight’s meeting, therefore the only time to address the Town Board is during the public comment section of the meeting. Town Manager Mitchell advised that if the public wishes to address the Town Board during the public comment period, they will need to notify the Town host that they wish to speak. He then added that for the public’s benefit, if they are joining the meeting online and wish to speak, they will need to press the “raise hand” button in the Zoom application. If they are joining the meeting via telephone, they will need to press star 9 (*9) to raise their hand. After an individual has raised their hand, they will enter a queue. When the public comment period or the public hearing begins Mayor Byrne will ask the Town host to recognize individuals to speak by calling out their name or the last four digits of their telephone number. Individuals will be unmuted at that time and allowed to address the Town Board at that time. Town Manager Mitchell stated that those speaking should begin their comments by stating their name and address for the public record. He then advised that the public is asked to keep all comments to three minutes so that all who wish to speak can be heard in a timely manner. Once an individual has finished addressing the Town Board they will be muted for the remainder of the meeting. ****************************** APPROVAL OF THE MINUTES The December 7, 2020 minutes of the regularly scheduled meeting of Town Board of Commissioners were approved with one correction. Mayor Pro-Tem Massengill pointed out an error in the December 7th minutes stating that he made the motion to adjourn the meeting when he was not present during that portion of the meeting. Town Manager Mitchell advised that the minutes would be corrected before the Mayor executes them. The motion was made to approve the minutes with the correction as recommended. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Massengill MOTION RESULT: Passed Unanimously (5-0) ****************************** PRESENTATIONS Agenda Item No. 4.A There were no presentations for the December 22, 2020 Town Board meeting. ****************************** PUBLIC COMMENTS: Mrs. Emily Holloway, 312 Angier Road, expressed concerns regarding the start of the downtown Raleigh Street project, “The Q”, during the Christmas season. She asked why the Town decided to allow the Raleigh Street project to start during the Christmas season, disrupting parking to adjacent businesses and sidewalk accessibility. Town Manager Mitchell stated that the Town does not regulate the start time of private developments and advised that the area businesses were provided a downtown parking plan that will assist with parking during the construction period. Mrs. Holloway also raised concerns about the clear cutting of trees for development as it relates to the project that was cleared for a development behind Guardian Angel. She also expressed concerns about the access to the same subdivision project to Aiken Parkway and stated that she feels that there is too much building being constructed before the proper infrastructure is put in to handle the traffic. Town Manager Mitchell stated that there are protections in place for heritage trees and there are development standards to put back trees and vegetation for new projects where tree removal has occurred. Mayor Byrne agreed also referred to the Town’s efforts to put in adequate infrastructure and he stated that the Judd Parkway project is almost complete. ****************************** ITEMS TABLED FROM PREVIOUS MEETING: Agenda Item No. 6.A: There were no items tabled from a previous meeting for the December 22, 2020 Town Board meeting. ****************************** PUBLIC HEARINGS: Agenda Item No. 7.A: There were no public hearings scheduled for the December 22, 2020 Town Board meeting. ****************************** CONSENT AGENDA Agenda Item No. 8.A: There were no consent agenda items for the December 22, 2020 Town Board meeting. ****************************** ITEMS REMOVED FROM CONSENT AGENDA Agenda Item No. 9A: There were no items removed from the consent agenda for consideration. ****************************** ADMINISTRATIVE REPORTS Agenda Item No. 10.A: Title VI Non-Discrimination Plan Adoption Purpose – To authorize the Town Manager to implement a Title VI Non-Discrimination Plan, which is a condition for receipt of Federal funding. 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 provided general information regarding the agenda item and made the following remarks. In late October, NCDOT notified the Town that it needed to adopt a Title VI Non-Discrimination Plan that ensures that the Town complies with Title VI of the Civil Rights Act of 1964. Title VI prohibits discrimination based on race, color, or national origin in programs or activities receiving federal financial assistance. Federal-aid recipients, sub-recipients, and contractors are required to prevent discrimination and ensure non-discrimination in all their programs, activities, and services, whether these programs, activities, and services are federally funded or not. At a minimum, the Town must identify and publish a Title VI Liaison, a Title VI Policy Statement, and a Title VI Grievance Procedure. The Town must also verify that signed Title VI Assurances have been filed with the appropriate NCDOT funding agency and that the Town has established a method of data collection and analysis regarding minority populations within its service area. Using examples provided by NCDOT and best practices from other municipalities, Town Staff has developed a plan that documents the items that NCDOT has identified, as necessary. Town policies and contracts have prevented discrimination as required by Title VI for some time. However, this plan formalizes the program elements and defines the grievance policy. The Finance Director has been chosen and named as the Title VI liaison. The data collection and reporting portion used for documentation will be completed by department directors to assist the Finance Director. Concurrent with Town Board consideration, Town Staff has submitted this plan to NCDOT and the Town Attorney for review and feedback. Federal funding is critical for the support of Town programs and capital construction. Non-discrimination is a core principle of the Town's operations and service delivery, and as such, management and staff recommend adoption of this plan subject to Town Attorney and NCDOT review as to form. Discussion – There was no discussion from members of the Town Board. Recommendation – Adopt the Title VI Non-Discrimination Plan and to Authorize the Town Manager to implement the Title VI Plan as presented, subject to NCDOT and Town Attorney review as to form. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.B: Scope and Fee Proposal - Sanford Water Conveyance System - BA-21-18 - POA-21-03 Purpose – To consider an Agreement for Professional Engineering Services for a Preliminary Engineering Study that examines the conveyance of treated water from the Sanford Water Treatment Plant to Fuquay-Varina as a part of the future water supply/capacity project and to consider a Budget Amendment (BA-21-18) and a Project Ordinance Amendment (POA- 21-03) to provide supplementary funding to the future water supply project. 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 provided general information regarding the agenda item and made the following remarks. The Town Board previously approved the selection of the engineering team of Hazen & Freese Nichols to provide engineering services for the treated water conveyance system from the City of Sanford water treatment plant to the Town's water distribution system and instructed staff to negotiate scope and fee for the services. The proposed Agreement, a copy of which is attached for reference, defines a scope of services that includes the following elements: 1. Transmission Main Routing and Pump Station Siting. 2. Limited planimetric features survey, utility location, geotechnical investigation, and design level aerial mapping. 3. Water Modeling. 4. Water Quality Impacts. 5. Future system capabilities to examine how much flow the system could transfer with pump upgrades in the future beyond what is currently being planned. 6. Coordination with Inter-Basin Study requirements. 7. Preliminary opinion of construction costs. 8. Detailed Project schedule. 9. Define required permits and regulatory approvals. 10. Identify stakeholders and develop an outreach plan. 11. Partner & stakeholder coordination 12. Analysis of funding options 13. Prepare preliminary engineering report 14. Project management and meetings The proposed fee for the scope is $1,003,680.00. The proposed schedule to complete the preliminary engineering study is 340 calendar days from the notice to proceed. Management and staff recommend the negotiated scope and fee, subject to the Town Attorney's review and form approval. Note that staff is currently negotiating with the Town of Holly Springs to determine their potential participation in this preliminary engineering effort as they consider participating in the Sanford plant expansion and the conveyance system project. Discussion – Mayor Pro-Tem Massengill asked about participation in the project by the Town of Holly Springs. Town Manager Mitchell stated that the Town of Holly Springs has agreed to participated in the study of the plant expansion, but this is related to the water conveyance or distribution system to get the water from the plant to the Town of Fuquay-Varina, and the Town is working with Holly Springs regarding that level of participation. Mayor Byrne wanted to make it clear to the public that the Town has plenty water capacity and that this project is for planning for future growth. Recommendation – Authorize the Town Manager to execute the Agreement for Professional Engineering Services with Hazen & Freese Nichols (Hazen and Sawyer, DPC) as presented and recommended, subject to approval by the Town Attorney as to form. Furthermore, approve Budget Amendment BA-21-18 and Project Ordinance Amendment POA-21-03 for additional project funding. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-20-32 Agenda Item No. 10.C: COVID-19 License Agreement - Wake County Purpose – To consider a Licensing Agreement with Wake County for the use of Town property for COVID-19 testing and administering vaccines. 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 provided general information regarding the agenda item and made the following remarks. Wake County reached out to Town staff in early December to discuss the potential use of Town park sites as a COVID-19 testing and/or vaccine clinic, should additional or larger sites be needed as part of this unprecedented Public Health effort. Wake County has entered into a similar arrangement with the City of Raleigh and is currently reaching out to other municipalities to allow COVID-19 testing and vaccine sites to be geographically distributed around the County and to accommodate demand. As COVID-19 vaccines become available in greater numbers, there will be an ongoing need for continued testing and large- scale vaccination sites across Wake County. The Licensing Agreement provides Wake County the ability to schedule and advertise testing and vaccine sites at Fleming Loop Park and South Park. Per the agreement, Wake County would have the opportunity to schedule and advertise use of these parks with a minimum one week notice and with the approval of Parks, Recreation and Cultural Resources Director Cox. The Town would reserve the right to deny any request. Testing and/or vaccine site operations typically last at minimum of three days, but no longer than seven consecutive days. Under the agreement, the County would be responsible for operating the event, including staffing, equipment and supplies, removal of equipment and trash, and public communications. The Town of Fuquay-Varina support's Wake County's Public Health efforts and will benefit from convenient access to testing and vaccines for employees and residents. The Fuquay-Varina Police Department is coordinating with Town Management, Wake County, and PRCR staff to develop a traffic flow plan to accommodate and support high usage at both sites should they be needed. Town Management sees a public health and workforce benefit to the Town and believe the terms of the license agreement sufficiently protect the Town. For these reasons, management recommends approval. Discussion – Commissioner Harris stated that he likes the collaboration between the Town and Wake County to help facilitate the County’s public health and safety efforts. Recommendation – Approve a Licensing Agreement with Wake County as presented and recommended, subject to Town Attorney review as to form. MOTION: Commissioner Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) ****************************** OTHER BUSINESS A. Town Manager’s Report – a brief report on the following was provided: Arts Center: Reported that Santa’s mailbox received 720 letters and Town Manager Mitchell commended the Arts Center staff for securing those letters on behalf of Santa at the North Pole. Planning Department: Reported that a new Program Support Specialist was hired in the Planning Department – Eva Mayfield who will start work on January 4, 2021. Downtown Development: Reported on last week’s groundbreaking ceremony of the Raleigh Downtown Mixed- Use Project, “The Q”. Expecting a 12-to-16-month completion time on the project. Reported that the gateway mural on Vance Street will be installed on January 8, 2021. Reported that the downtown kiosks will be up and running by the end of the month. Police Department: Commended the department for assisting families with warm clothing and toys as part of the Shop with the FVPD: Christmas Wishes Program. Fire Department: Commended the department for leading a Toys- For-Tots and food drive campaign. Inspections Department: Reported that the department has issued 101 single family permits for December for a record- breaking total of 1,021 single-family permits issued in a calendar year.  Engineering Department: Reported that an announcement will be made on December 23rd by CAMPO regarding recommendations for the FY 22 funding for LAPP Transportation Grants. Three town submitted projects are being recommended for funding: 1. Sunset Lake Road Phase 2 Widening Project Total Project Cost = $ 1,640,258.50 Local Match = $ 328,051.70 LAPP Grant Funding = $ 1,312,206.80 2. Hwy 401 Millcreek Intersection Project Total Project Cost = $ 1,536,438.39 Local Match = $ 307,287.68 LAPP Grant Funding = $ 1,229,150.71 3. Downtown Pedestrian Improvements Project – Varina District Total Project Cost = $ 1,457,489.96 Local Match = $ 291,497.99 LAPP Grant Funding = $ 1,165,991.96 Total FY 22 Projects Cost = $ 4,634,186.84 Total FY 22 Local Match = $ 926,837.37 Total FY 22 LAPP Grant Funding = $ 3,707,349.48 During the last funding cycle for LAPP Transportation Grants, the following three projects were awarded for funding but delayed by NCDOT due to COVID-19. 1. SE Judd Parkway/SW Judd Parkway/US 401 South Intersection Improvement Project 2. NE Judd Parkway/NC 55/Broad Street Intersection Improvements 3. Jones Street Pedestrian Improvements These six projects will be constructed concurrently over the next 2 to 2 ½ years. Town Manager Mitchell reported that all of the projects sum to the following: TOTAL FY 21 AND FY 22 PROJECT COST = $ 8,053,884.34 TOTAL FY 21 AND FY 22 LOCAL MATCH = $ 1,610,776.87 TOTAL FY 21 AND FY 22 GRANTS = $ 6,443,107.48 Town Manager Mitchell commended Engineering Director Tracy Stephenson and Assistant Engineering Director Matt Poling for their efforts in the application process. Public Works: Announced that Engineering Director Tracy Stephenson was hired as the new Public Works Director replacing Public Works Director Arthur Mouberry who will be retiring at the end of the month. B. Appointment of Town Advisory Boards and Committees - Planning Board and Board of Adjustment Advisory Boards - (Byrne/Mitchell)  Board of Adjustment • Reappoint Jeff Jaeger – currently serves as an in-town member and currently the vice-chair of the Board of Adjustment • Appoint Genel Webb to fill the remainder of Katyna Bunn’s term (Katyna moved out of Town) • Appoint Qisoundra Flowers to fill the now vacant in-town alternate seat formerly held by Genel Webb. Planning Board • Reappoint Andy Petty who currently serves as vice chair of the Planning Board • Reappoint Alex Richard who currently serves as in-town alternate member Mayor Byrne stated that he will recommend appointments of the chairmen of the Board of Adjustment and the Planning Board at a future meeting. A motion was made to ratify the appointments and re-appointments to the Board of Adjustment and the Planning Board as presented by the Mayor. MOTION: Commissioner Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) C. Town Offices Closed for Observance of Christmas and New Years - December 24, 25, and 28, 2020 and January 1, 2021. D. Recognition - Jim Seymour - Master of Public Administration Degree received November 21, 2020. ***************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill made brief comments about the great job that staff is doing for public involvement during the holidays amid the pandemic. He stated that the Arts Center was able to show the Polar Express with social distancing and other safety protocols. He also stated that the Gingerbread House competition was well participated and was a wonderful event. He recognized Jasmine Hicks of the Arts Center staff for assisting with sealing the Santa letters with hot wax seals. He wished everyone a very Merry Christmas and Happy New Year. Commissioner Smith commended Engineering Director Tracy Stephenson for his successes in that department and for being named the new Public Works Director. He also commended Assistant Town Manager Jim Seymour for receiving his master’s degree while employed full time with a family. In addition, he commended Public Works Director Arthur Mouberry for his exceptional work as a former Town Commissioner as well as his employment with the Town and congratulated him upon his upcoming retirement. He then wished everyone a Merry Christmas and Happy New Year. Commissioner Harris stated that this has been a tremendously challenging year that has caused our Town Board and staff to innovate and successfully run the organization. He extended best wishes to Public Works Director Arthur Mouberry upon his upcoming retirement and commended Assistant Town Manager Seymour on receiving his degree. He then wished everyone a Merry Christmas and Happy New Year. Commissioner Wunsch thanked department heads and staff for such an impressive year during the pandemic. He was excited about the letters to Santa and stated that his teenage daughter wrote to Santa as well. He also expressed excitement about the level of craftmanship on the Gingerbread House competition, and he stated that he enjoyed this event. Commissioner Gardner agreed with all that was said, and she congratulated Engineering Director Tracy Stephenson and Assistant Town Manager Jim Seymour on their accomplishments, as well as Public Works Director Arthur Mouberry upon his upcoming retirement. She stated that she was grateful to the staff and volunteers that made for such and amazing holiday season. She stated that the Gingerbread contest was wonderful. She also stated that the community was amazing in coming together to make the Christmas season special this year. Mayor Byrne urged members of the Town Board to send Town Manager Mitchell any topics that they wish to discuss at the Strategic Planning Retreat. He commended Public Works Director Mouberry for his past work as a Commissioner and congratulated him upon his upcoming retirement. He then reviewed other meetings that he attended in the previous week as well as upcoming events as follows: Past Events 12/16 – CAMPO Meeting 12/18 – Wake County Mayor’s Association Meeting Upcoming Events 12/29 – Centennial Authority Meeting ****************************** CLOSED SESSION - Pursuant to N.C.G.S. § 143.318.11(a)(3) as it relates to Attorney/Client Privilege matters. A motion was made to hold a closed session meeting at 8:22 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Smith MOTION RESULT: Passed Unanimously (5-0)  ****************************** ADJOURN A motion was made to adjourn the meeting at 8:37 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) Adopted this the 4th day of January 2021 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST: (TOWN SEAL) Rose H. Rich, Town Clerk