Board of Commissioners
Regular MeetingFuquay-Varina, NC · January 4, 2021
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
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INVOCATION AND PLEDGE OF ALLEGIANCE
Commissioner Larry Smith provided the invocation and Mayor Pro-Tem Blake Massengill led
the Pledge of Allegiance.
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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.
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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)
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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.
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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.
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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.
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PUBLIC HEARINGS:
Agenda Item No. 7.A: There were no public hearings scheduled for the January 4, 2021
Town Board meeting.
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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)
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ITEMS REMOVED FROM CONSENT AGENDA
Agenda Item No. 9A: There were no items removed from the consent agenda for
consideration.
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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
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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.
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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
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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)
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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.
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