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Board of Commissioners

Regular Meeting

Fuquay-Varina, NC · January 4, 2021

AgendaMinutes

Minutes

TOWN OF FUQUAY-VARINA BOARD OF COMMISSIONERS REGULAR MEETING JANUARY 4, 2021 CALL TO ORDER Mayor John W. Byrne (physically present) called the regular meeting of the Fuquay-Varina Board of Commissioners to order on January 4, 2021 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 Mayor Pro-Tem Blake Massengill 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, 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 the January 4, 2021 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 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 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 22, 2020 minutes of the regularly scheduled meeting of Town Board of Commissioners were presented and recommended for approval. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (5-0) ****************************** PRESENTATIONS Agenda Item No. 4.A PLANWake Presentation Update. Purpose – To receive a presentation by Wake County staff regarding the background and current status of PLANWake. 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 PLANWake comprehensive plan will be a living document that serves as Wake County’s broadest public policy document, setting forth the long-range vision for multiple issues from land use and growth management, to public services and environmental protection. PLANWake involves taking a thoughtful look at Wake County’s major challenges and opportunities and working together to develop a strong vision that represents our diverse values. The process will result in a new comprehensive plan with high-level policies that help guide actions and decision-making addressing critical issues that impact the daily lives of the citizens in the county and in the town. Town Manager Mitchell introduced Tim Maloney, Wake County Planning Director; Tim Gardner, Senior Planner; and Terry Nolan, Staff Planner who were virtually present at the meeting to make the presentation. Wake County Planning Director Maloney stated that the current plan has been in place since the mid 1990’s and although it is still relevant, it is pass due time to upgrade the plan given the current growth in Wake County. Wake County Senior Planner Tim Gardner presented detailed information on the plan. He stated that the plan seeks to prepare for the impact of growth (especially in the Town’s recently expanded ETJ area) for residential units, its implications on transportation, more people living in poverty, as well as people living just above the poverty level. A series of public surveys were conducted by the Wake County Planning Department and the four key aspects that resulted in the public engagement was to plan for significant changes needed to prepare for growth, protection of open space and natural areas, direct growth to towns, and to create walkable environments. The key vision outcomes for the plan are as follows: 1. Land Use and Development 2. Local Economy and Jobs 3. Transportation 4. Utilities and Infrastructure 5. Environmental Stewardship 6. Community Services and Facilities Wake County Senior Planner Gardner stated that the key vision outcomes related to PLANWake is to define “comprehensive” as inclusive and equitable, healthy, and active, as well as sustainable and vibrant. The plan seeks to grow intentionally to make sure costs and benefits are equitable across Wake County. He then referred to the PLANWake Development Framework map that includes transit focus, walkable centers, community, community reserve and rural areas. He stated that Wake County Planning is seeking input from municipalities regarding areas designated as Community Reserve areas to determine exactly how they will be defined. The County is also seeking to work with municipalities in the Community and Community Reserve areas to become municipal. He then reviewed the countywide working performance tracking metrics which would include: • Increase travel options and reduce car-dependence • Decrease population experiencing severe housing problems • Protected open space goal • Increase household incomes Wake County Senior Planner Gardner referred to the importance of ETJ areas to municipalities that will be used as a comprehensive planning tool for future growth. He stated that PLANWake will encourage small, more focused ETJ requests and the request must align with the Development Framework Map. Criteria will no longer measure how much existing ETJ has been annexed. Municipalities must demonstrate the ability to extend services such as trash collection, inspections, document community engagement and demonstrate how they are working with county to achieve comprehensive goals. He also stated that Wake County will work closely with municipalities on Urban Service Area agreements and Area Land Use Plans to identify how to prepare areas in Wake County that are on the interface areas for municipal growth. He asked for feedback from members of the Town Board on the presentation and stated that the first consideration for approval by Wake County is scheduled for February 2021. Mayor Byrne thanked the Wake County Planning staff for their presentation. He stated that school systems play a big part in any communities’ development and as municipalities run water and sewer into those areas, those areas need to become part of that walkable area, where you will see development take place in and around those larger schools. He also stated that we are seeing significant interest in and around Interstate 540, and that area is growing on both the Garner side of US-401/Ten Ten Road and the southern side of US-401/Ten Ten Road, which is in the Fuquay-Varina jurisdiction. Commissioner Harris stated that he was interested in how the plan will link vulnerable populations throughout the County and incorporate that into the County’s overall transportation plan. Wake County Senior Planner Gardner stated that they will continue to work through some solutions on the tactical side that they are exploring through the transit system and they want to set the goal to look very closely at those relationships with transit for vulnerable communities and human services provided throughout the County. Mayor Byrne encouraged the Wake County Planning Department to include Angier in the discussions for this plan because there are portions of Angier on the southern or southeastern end of Wake County. Town Manager Mitchell also thanked the Wake County Planning staff for their presentation and the inclusion part of the process. He stated that multiple members of the Fuquay-Varina staff have participated in this process. He then referred to the PLANWake Development County Jurisdiction map and he stated that there is a portion on the map identified as “Community Reserve” in the northern quadrant not far from where Interstate 540 is going to come into play in the Fuquay-Varina area. He stated that the Town agrees that we should have further and continued dialogue with Wake County as there are a number of tracts and parcels that are already developed as single-family residential neighborhoods. He went on to point out that there are portions in this area that are not developed, and he expects that those will be developed as Interstate 540 comes into focus. He also stated that the Town should have further dialogue with Wake County regarding rural designated areas along Hwy 42 where we have a waterline and a capital improvement plan. He stated that there were some adjustments made to the plan; however, Town staff feels that some portions of this area should be opened for community development. Additionally, in the western area designated in the plan as rural, there are portions that are presently in the Harnett County water service district, but the Town has an agreement with Harnett County that they cannot expand that district, and there is language in that agreement that affords the Town the opportunity to purchase infrastructure in that area in the future. He recommended that the Town have further dialogue with Wake County Planning staff regarding these areas that the Town wishes to see designated for future community development. Wake County Planning Director Maloney offered that Wake County Planning staff have further discussions with the Town as it relates to the concerns raised by Town Manager Mitchell. He stated that the plan is a living document that can be amended and recommends that these matters are discussed before the plan is adopted. ****************************** PUBLIC COMMENTS: Liz Thawley, 3320 Jones Lake Road, stated that she enjoyed the presentation from Wake County. She then expressed concern about how many people are running red lights on Highway 401. Mayor Byrne stated that he will pass this information along to the Fuquay-Varina Police Chief. ****************************** ITEMS TABLED FROM PREVIOUS MEETING: Agenda Item No. 6.A: There were no items tabled from a previous meeting for the January 4, 2021 Town Board meeting. ****************************** PUBLIC HEARINGS: Agenda Item No. 7.A: There were no public hearings scheduled for the January 4, 2021 Town Board meeting. ****************************** CONSENT AGENDA Agenda Item No. 8.A: Utility Agreement Allocation Request - Basal Creek Townhomes Purpose – To consider a Utility Agreement Allocation Request for 38,700 gpd sewer and 46,440 gpd water for the Basal Creek Townhomes. Recommendation – Approve the recommended Utility Agreement Allocation Request for the Basal Creek Townhomes, Phases 9-18, as presented and recommended. Agenda Item No. 8.B: Families First Coronavirus Response Act (FFCRA) - Extension of Leave Provisions Purpose – To consider concurrence with management's recommendation to extend paid leave as it pertains to the Families First Coronavirus Response Act (FFCRA) through March 31, 2021. Recommendation – Concur with management's recommendation to extend paid leave under FFCRA through March 31, 2021. A motion was made to approve all items (Items 8A and 8B) on the Consent Agenda. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) ****************************** 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: Community Center North/Senior Center Design Services Agreement - HH Architecture - $1,143,450 - (Part 1 - $238,000) - Budget Amendment BA-21-19 - Project Budget Ordinance Purpose – To consider an Agreement for Architectural / Engineering Professional Services for the future Community Center North / Senior Center Project, and the supporting Budget Amendment (BA-21-19) and Project Ordinance. 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 HH Architecture to provide design services for the Community Center North / Senior Center Project located at Hilltop Needmore Town Park & Preserve and instructed staff to negotiate scope and fee for the services. The proposed Agreement, a copy of which was included in the agenda packages for reference, defines a scope of services that includes the following preliminary architectural and engineering elements: 1. Advanced Planning 2. Schematic Design 3. Landscape Architecture 4. Structural, Mechanical/Electrical/Plumbing 5. Construction Cost Estimates 6. Additional services provided by Lifespan Design Studio for Senior Center Consulting. The proposed fee for Phase 1 of the scope is $288,000. The proposed schedule to complete the preliminary advanced planning and schematic design analysis is anticipated to take six months from the notice to proceed. The FY 2021 budget includes the appropriation of $650,000 for design services for the Community Center North /Senior Center Project, this budget was based off an original construction estimate of $6.5M before factoring in a Senior Center component. A construction budget in the neighborhood of $10-11 million is anticipated for the identified scope for the Community Center and Senior Center, given the significant cost escalation in the local nonresidential construction market. This is consistent with and closer to the lower end of the range of estimated construction costs that all 21 respondents to the RFQ identified. Based off a revised construction budget of $10-11M, the total design fee for this project is $1,143,450, which falls within the industry standard of approximately 10% for design and an additional 1% fee for advanced planning services (community and stakeholder input, program development, and development of three design concepts). Town Manager Mitchell advised that it is management and staff’s recommendation to move forward with the proposed advanced planning and schematic design components at $288,000, which can be covered within the current year appropriation of $650,000. A contract amendment will be required to proceed with the Construction Drawings phase, at the option of the Town, based upon the approved preferred schematic design and subsequent estimated construction budget. This approach will allow the Town to budget for the remaining funding (projected at about $493,450 based on a construction budget of $10,395,000) in FY 2022, and only move forward with construction drawings upon successful passage of a Recreation Bond in November 2021 should the Town Board decide to move a referendum forward. Deferring this action until after passage of the bond allows the Town to be sure there is voter support for funding construction of the facility prior to committing or spending the money on construction drawings, bidding, and construction administration. Additionally, the timing of this funding approach would provide financial flexibility by allowing the board to adopt a reimbursement resolution and use bond proceeds (if preferred) rather than recreation unit fees to cover this fee. This plan does not impact the construction timeline. The Town will go through public input and design in Winter/Spring 2021, complete schematic design, and be provided with a design level construction budget in advance of a November 2021 bond referendum (the Community Center and Senior Center is expected to be the primary components to be funded by bonds along with perhaps other public facility and transportation considerations). Should the community and Board wish to proceed following a bond referendum process, then the Town would look to authorize construction drawings in December 2021 and bid for construction in July 2022. Town Manager Mitchell stated that upon approval by the Town Board, management and staff will work with HH architecture to align the projected project timeline in their proposal with the schedule stated above, in order to limit the Town's financial exposure until passage of a Recreation Bond, while still adhering to the construction schedule contemplated in the Adopted Five-Year Plan (construction funding appropriated on July 1, 2022). Management and staff recommend the negotiated scope and fee agreement subject to the Town Attorney review as to form, and approval of the associated budget amendment and project ordinance. Discussion – Mayor Byrne recommends that staff investigate finding potential fundraising opportunities to allow the public to make contributions for naming rights for specific rooms at the Community Center North and the Senior Center facility. Recommendation – Authorize the Town Manager to execute the Agreement for Professional Engineering Services with HH Architecture as presented and recommended, subject to approval by the Town Attorney as to form and approve Budget Amendment BA-21-19 and Project Ordinance. MOTION: Commissioner Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-21-01 Agenda Item No. 10.B: Legislative Goals and Voting Delegate Designation Purpose – To consider selection of 10 out of 17 legislative goals presented by the NCLM Board of Directors to its members as the Town of Fuquay-Varina's preferred NCLM legislative goals for the 2021-22 legislative biennium in addition to designating a representative of the Town to serve as the Town's official voting delegate for the 10 selected goals. 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. On October 5, 2020, the Fuquay-Varina Town Board approved 10 legislative goals to submit to the NCLM Legislative Policy Committee for consideration of inclusion into the NCLM's Board of Directors final grouping of goals to be presented to the membership for final selection. The Town's adopted goals are as follows and are in no particular order: 1. Seek legislation that provides express statutory authority for municipalities to build broadband infrastructure and to partner with private internet providers using long- term leases for fiber and/or conduit assets. 2. Seek legislation to preserve municipal authority to ensure safe and reliable transportation access to schools for vehicles and pedestrians without shifting the fiscal burden of school construction to municipalities. 3. Only support legislation providing additional post-employment benefits to public employees that includes a funding mechanism to fully support the cost and liability of the benefit, such as special separation allowance programs, to ensure that the liability of providing the benefit is not solely borne by the last employer. 4. Seek legislation that provides a viable alternative method to provide cost of living adjustments for local government retirees. 5. Seek legislation that generates new transportation revenues that boost funding to NCDOT or directly to municipalities. 6. Seek and support legislation that funds law enforcement training. 7. Support legislation that protects law enforcement professionals. 8. Support legislation that makes it illegal for units of local government, or their insurance providers, to pay a ransom to cyber criminals. 9. Support legislation that recognizes certain technology purchases and specifications as not being a public record. 10. Support legislation to revise the current methods of determining economic needs that are used by the state to allocate funds so that additional areas of the state in need may benefit from increased economic development, jobs, and see more entrepreneurial innovation. The NCLM Legislative Policy Committee worked over the course of several weeks and months to compile and refine over 450 submitted ideas and goals from 165 individuals representing 114 municipalities. The NCLM Board of Directors has reviewed, approved, and now submits 17 proposed advocacy goals for member communities to consider. The Town of Fuquay-Varina's job now is to review and vote on the proposed goals so that NCLM cities and towns have a focused state and federal advocacy agenda for the 2021- 2022 legislative biennium, which begins in January at the NC General Assembly. Each member city is asked to cast a single vote by selecting 10 of the 17 proposed advocacy goals by no later than January 14, 2021. Town Manager Mitchell provided a list of the 17 Legislative Goals Statements as approved by the NCLM Board of Directors. Of the 17 goal statements passed by the NCLM Board of Directors, he stated that there appear to be 8 that align with the Fuquay-Varina approved legislative goals. Town Manager Mitchell recommended the following 10 goals (in no particular order) be endorsed and approved by the Fuquay-Varina Town Board. 1. Grant local governments the authority to build broadband infrastructure in order to partner with private providers and provide additional funding to help close the digital divide ("Seek legislation that provides express statutory authority for municipalities to build broadband infrastructure and to partner with private internet providers using long-term leases for fiber and/or conduit assets.") 2. Expand incentives and funding for local economic development. ("Support legislation to revise the current methods of determining economic needs that are used by the state to allocate funds so that additional areas of the state in need may benefit from increased economic development, jobs, and see more entrepreneurial innovation.") 3. Refine economic tier designation system to more accurately reflect conditions at sub- county level. ("Support legislation to revise the current methods of determining economic needs that are used by the state to allocate funds so that additional areas of the state in need may benefit from increased economic development, jobs, and see more entrepreneurial innovation.") 4. Create a permanent and adequate funding stream for local infrastructure needs. ("Seek legislation that generates new transportation revenues that boost funding to NCDOT or directly to municipalities.) 5. Ensure state funding for any new, state-mandated benefits for municipal employees. ("Only support legislation providing additional post-employment benefits to public employees that includes a funding mechanism to fully support the cost and liability of the benefit, such as special separation allowance programs, to ensure that the liability of providing the benefit is not solely borne by the last employer.) 6. Improve state-wide funding and support for LEO training focused on use of force, mental health, and de-escalation skills. ("Seek and support legislation that funds law enforcement training.") 7. Increase public safety grant funding and expand allowable uses. ("Support legislation that protects law enforcement professionals.") 8. Reduce pressure on property taxpayers by expanding locally controlled options for revenue generation. ("Seek legislation that generates new transportation revenues that boost funding to NCDOT or directly to municipalities.") 9. Secure federal and state aid directly to municipalities to offset all lost revenues due to the COVID-19 pandemic. 10. Revitalize vacant and abandoned properties with enhanced legal tools and funding. Town Manager Mitchell advised that should the Town Board wish to replace any of the recommended goal statements, he suggests that the Town Board consider removing #3 and/or #9. Town Manager Mitchell was clear that he does not recommend removing them but sees those two goals as being interchangeable compared to the other eight goals listed. Additionally, once the Town Board reaches agreement on the 10 goals to submit to the League as the Town's "preferred goals" from the list of 17, the Town Board will also need to select a representative as the voting delegate that will submit the 10 goals on behalf of the Town Board. This individual will need to go online and submit the online ballot. Discussion – Mayor Pro-Tem Massengill made comments about points #4 and #8 and stated that he feels that transportation impact fees improperly and unfairly target citizens living in our community that would cause a burden on housing affordability. Town Manager Mitchell offered that the League of Municipalities is very sensitive to housing affordability and it would be surprising if they would advocate for any policy for revenue generation to cities and towns that would strike a negative core to housing affordability. Commissioner Harris concurred that the League is very supportive of efforts to support affordable housing without taxing the development community. Recommendation – Approve legislative goals (as recommended by management) as the Town of Fuquay-Varina's preferred priorities and designate a representative (Mayor John W. Byrne) as the voting delegate on behalf of the Town of Fuquay-Varina to submit the identified goals via online ballot. MOTION: Commissioner Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) Agenda Item No. 10.C: Settlement Agreement - Gregory, Inc. v. Town of Fuquay-Varina - Budget Amendment BA-21-20 and Project Budget Ordinance - W&S System Development Fee Settlement Purpose – To consider approval of a settlement agreement for Wake County File Number: 19- CvS-8602, Gregory, Inc. v. Town of Fuquay-Varina in the amount of $4,750,000.00 in addition to considering approval of budget amendment BA-21-20 and Project Budget Ordinance - W&S System Development Fee Settlement. 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 of Fuquay-Varina was the defendant in Gregory, Inc. v. Town of Fuquay-Varina, Wake County File Number: 19-Cvs-8602, a class action suit regarding the legality of water and sewer capacity fees. On December 3, 2020, the Town participated in a required mediation and agreed to settle the dispute. By entering into this Settlement Agreement, the Town does not admit any liability or wrongdoing. To the contrary, the Town specifically denies each one of the allegations of unlawful conduct and damages. It is expressly understood and agreed that this Settlement Agreement is being entered into solely for the purpose of amicably resolving All Claims between the Town and the Settlement Class. Management and legal counsel recommend approval of the Town of Fuquay-Varina Capacity Fee Settlement Agreement and supporting budget amendment and project budget ordinance. This settlement agreement is subject to final court approval. The Water and Sewer Enterprise Fund Capital Reserves (Fund 71) had a balance of $8,810,000 as of June 30, 2020. Since then, the balance has expanded to $13,302,000. Therefore, there are sufficient funds to fulfill the amount identified in the settlement agreement. Request for Recusal: Mayor Pro-Tem Massengill requested to be recused from all discussions and actions taken by the Town Board on this matter due to his involvement in the industry, having a personal financial interest. A motion was made to recuse Mayor Pro-Tem Massengill from discussion and actions on the Settlement Agreement - Gregory, Inc. v. Town of Fuquay-Varina MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULTS: Passed (4-0) Discussion – Commissioner Wunsch stated that he feels that the settlement would be in the best interest of the Town. Commissioner Harris stated that he does not necessarily support the settlement agreement because of the Town’s intent to partner with the development community. He feels that spending these funds to be impeding our progress, so he could not support the motion. Commissioner Smith and Commissioner Gardner stated that while they do not like having to settle this matter, they feel that it is in the best interest of the Town. Mayor Byrne stated that what we must do is what is in the best interest of the Town, being that it is a class-action suit that is being settled across North Carolina. Recommendation – Approve the settlement agreement as presented and recommended in addition to approving budget amendment BA-21-20 and Project Budget Ordinance - W&S System Development Fee Settlement as presented and recommended. MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULTS: Passed (3-1) (Commissioner Harris opposed the vote.) (Mayor Pro-Tem Massengill was recused.) Ordinance No. N-21-02 ****************************** OTHER BUSINESS A. Town Manager’s Report – a brief report on the following was provided: Public Utilities Department: Hired Patrick Walsh as Water Quality Technician. Economic Development Department: Kiosks have been installed downtown and at Town Hall; they will be functional tomorrow. Engineering Department: Former Asst. Engineering Director Matt Poling started his new position as the Engineering Director today. Planning Department: New hire Eva Mayfield started in her position today as Planning Support Specialist. IT Department: Working on IT security initiatives as well as moving forward with work management and civic engagement software efforts. Public Works Department: Former Engineering Director Tracy Stephenson assumed the role of Public Works Director today. The department is keeping a close eye on a potential snowstorm on Friday. Finance Department: Preparing budget calendars and instructions for directors and preparing the budget process for our annual retreat. Parks & Recreation Department: Working with Engineering Department to prepare for the official opening of the Park Depot Greenway Trail, as well as planning for a safe spring sports cycle. Arts Center: Had a successful holiday season with movies and the virtual Nutcracker performance in December. They are working to reschedule all the bookings that have been impacted by COVID-19. Police Department: Today Mayor Byrne administered the oath of office for new Police Officer, Anna Guarino. Fire Department: Interviews scheduled for Wednesday related to design/build teams being considered for Fire Station #4. Human Resources Department: Very active with new hires, recruitment, and safety assessments in various departments. Town Manager thanked Wendy Moody and her staff for the holiday luncheon that was provided to town employees. Brian Haynes and his team prepared the boxed meals, and all the proceeds went to the Pine Acres Community Center. B. Project Status Report – January 2021 C. Fuquay-Varina Downtown Association, Inc. - Board of Directors Service Recognition for outgoing members. Mayor Byrne recognized Brandon Wright, former Chair of the FV Downtown Association Board. His term expired 12/31/2020. Mayor Byrne recognized Beverly McDougal who term expired 12/31/2020. Mayor Byrne also recognized Ann Smith, Karen Rowe, and Jackie McMann whose term expired in 2019. ***************************** TOWN BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill wished everyone a Happy New Year. Commissioner Smith wished everyone a Happy New Year. Commissioner Harris stated that he was thankful that we made it through 2020, and he wished everyone a Happy New Year. Commissioner Wunsch wished everyone a Happy New Year. He stated that a group named “Home Snacks” that ranks communities in various categories throughout the country ranked Fuquay-Varina as the 15th best place to live in North Carolina. He stated that while this is something that we all know, it was exciting to have that recognition from an outside source. He also stated that there is a developer who has expressed interest in talking with the Town about building a private parking deck in downtown. The Town Board generally agreed that the possibility of a private parking facility in downtown sounds promising and asked Commissioner Wunsch to refer the developer to communicate directly with the Town Manager to discuss further. Commissioner Gardner expressed her gratitude to members of the Fuquay-Varina Downtown Association, Beverly McDougal and Ann Smith who served 2 consecutive 3-year terms on the Board of Directors and worked tirelessly in the downtown area and the En Plein Air event. She stated that everyone that was recognized was very active, especially Karen and Bob Rowe who helped in a big way to support the Springs Townhome project. She also commended Jonathan Pierce, Lee Lloyd, and Carrie Zallo several business owners that were part of the downtown business collaborative that became part of the combined board and served with distinction. She then wished everyone a Happy New Year. Mayor Byrne reviewed other meetings that he attended in the previous week as well as upcoming events as follows: Past Events 12/29 – Centennial Authority Meeting 1/4 – Police Oath of Office Ceremony Upcoming Events 1/18 – Wake County Mayor’s Association 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 9:00 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) ****************************** ADJOURN A motion was made to adjourn the meeting at 9:20 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) Adopted this the 19th 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

Agenda

Board Meeting Agenda Monday, January 04, 2021 7:00 PM Location: 134 N. Main Street, Fuquay-Varina, NC 27526 Mobile phones are to be turned off or placed on silent/vibrate during the meeting. Please exit the Commission Chambers before using your mobile phone. The agenda is prepared and distributed on Friday preceding the meeting to the Commission and news media. 1. Call to Order 2. Invocation and Pledge of Allegiance 3. Approval of Minutes 3.A Approval of the Minutes of the December 22, 2020 Town Board of Commissioners Regular Scheduled Meeting 4. Presentations 4.A PLANWake Presentation Update - (Mitchell/Seymour/Davison/Wake County) 5. Public Comment The public is invited to address the Town Board. 6. Items Tabled From Previous Meeting 7. Public Hearing 8. Consent Agenda 8.A Utility Agreement Allocation Request - Basal Creek Townhomes - (Mitchell/Seymour/Meyers) 8.B Families First Coronavirus Response Act (FFCRA) - Extension of Leave Provisions - (Mitchell/Moody) 9. Items Removed From Consent This section is reserved for items removed from the consent agenda for separate consideration. 10. Administrative Reports 10.A Community Center North/Senior Center Design Services Agreement - HH Architecture - FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA JANUARY 04, 2021 PAGE 2 $1,143,450 - (Part 1 - $238,000) - Budget Amendment BA-21-19 - Project Budget Ordinance - (Mitchell/Matthews/Cox/Crabtree) 10.B NCLM Legislative Goals and Voting Delegate Designation - (Mitchell) 10.C Settlement Agreement - Gregory, Inc. v. Town of Fuquay-Varina - Budget Amendment BA-21-20 and Project Budget Ordinance - W&S System Development Fee Settlement - (Mitchell/Seymour/Meyers/Crabtree) 11. Other Business 11.A Manager's Report 11.B Project Status Report - January 2021 11.C Fuquay-Varina Downtown Association, Inc. - Board of Directors Service Recognition - (Byrne/Mitchell/Seymour/Byrd) 12. Town Board Member Comments Mayor and Commissioners 13. Closed Session 13.A Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege 14. Adjourn IN ACCORDANCE WITH ADA REGULATIONS, PLEASE NOTE THAT ANYONE WHO NEEDS AN ACCOMODATION TO PARTICIPATE IN THE MEETING SHOULD NOTIFY THE TOWN CLERK AT (919) 552-1401 AT LEAST 48 HOURS PRIOR TO THE MEETING. 2

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