Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting July 12, 2021 John W. Byrne, Mayor J. Blake Massengill, Mayor Pro Tempore The Regular Meeting of the Fuquay-Varina Town William H. Harris, Jason O. Wunsch, Marilyn B. Gardner and Larry W. Smith, Town Board Members Board scheduled for Monday, July 12, 2021, at Adam G. Mitchell, Town Manager Mark D. Matthews, Assistant Town Manager 7:00 p.m. was held at the Fuquay-Varina Town James (Jim) E. Seymour, Assistant Town Manager Rose H. Rich, Town Clerk Hall, 134 N Main Street, Fuquay-Varina, NC. James S. Adcock, III, Town Attorney In attendance were Mayor John W. Byrne, Mayor Pro Tem Blake Massengill and Commissioners Marilyn Gardner, William Harris, Larry Smith, and Jason Wunsch (by Zoom). Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Information Technology Director Scott Clark, Deputy Town Clerk Teresa Wilder, and Town Attorney James Adcock. CALL TO ORDER Mayor Byrne called the meeting to order at 7:21 p.m. INVOCATION AND PLEDGE Commissioner Larry Smith provided the invocation and Mayor Pro-Tem Blake Massengill led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager Mitchell reviewed the meeting protocol noting that the meeting was both in-person, via Zoom, and live streamed. APPROVAL OF MINUTES 3A The June 22, 2021, minutes of the Town Board of Commissioners regularly scheduled meeting. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A There were no presentations scheduled for the July 12, 2021, Town Board meeting. ➢ Town Manager Mitchell stated that he had an impromptu presentation. He asked Finance Director JoAnne Crabtree, Public Utilities Director Jay Meyers, and Mayor Byrne to come forward, and he presented a check for over $1.1 million dollars that the Town received as a result of the recent refunding and refinancing of utility bonds that had been issued in past years. These funds will be available on July 15, 2021. Mayor Byrne commended staff on pursuing the refinancing and he stated that $1.1 million dollars can be used in several different areas throughout town. He stated that The Fidelity Bank also helped with this process. PUBLIC COMMENTS 5A Emanuel Holland, 209 Ber Creek Drive, Fuquay-Varina, NC, a member of the Fuquay-Varina Community Alliance, requested that the Town Board conduct an independent cultural assessment of the municipal government as soon as possible, permit the selected consultant to proceed with the task of managing the outcomes of the report, and that the information obtained from the assessment be shared publicly upon completion. Jovita Simons, 223 N. West Street, Fuquay-Varina, NC, representing the Fuquay-Varina Community Alliance stated that through a series of meetings with various Town Board members, the Alliance requested that a cultural assessment of the municipal government of Fuquay-Varina be done and conducted by an independent entity. She stated that they were led to believe that is would occur, and that their voices were being heard. It is their understanding that the Town staff is going to make a recommendation to hire a Diversity Equity and Inclusion (DEI) position without any intended plan for a cultural assessment. She stated that hiring such a person before doing the cultural assessment would be putting the cart before the horse. A cultural assessment is one small step in the right direction, and it will provide a DEI staff person an opportunity to see what work needs to be done. She stated they are not opposed to hiring a DEI staff person, but it is the how, when, and why you are hiring them. She stated that it is a priority is to get the information out and on the table. She stated the following recommendations be done: - A cultural assessment of the municipal government. - Assessment be done by an independent entity. - Information regarding the report to be shared publicly upon completion. Adam Bensley, 1152 Dexter Ridge Drive, Holly Springs, NC stated as white people we have blind spots and may not understand that our actions are contributing to the unjust systems that Jovita Simons spoke about. He stated that until a cultural assessment of the Town by an independent consultant is done biases are going to continue contributing to racism in this Town. Fuquay-Varina is not the only Town that needs a cultural assessment done, there are other towns, and the Town of Apex has already conducted a cultural assessment. The assessment is a starting point to make things better and will be viewed by the public as a good necessary step towards equity in Fuquay-Varina. Elizabeth Parent, 8620 Jordan Meadow Drive, Fuquay-Varina, NC stated she stands as an ally to the Fuquay-Varina Community Alliance and is beyond appalled by the treatment of these community members. She asked that a cultural assessment of the municipal government for the Town of Fuquay-Varina be conducted as soon as possible and asked that the Town Board take such action tonight or at the August 2, 2021, Town Board meeting. She also requested that the Town follow through with plans to hire a Diversity, Equity, and Inclusion Director to interpret the completed cultural assessment report and create a path to bring diversity, equity, and inclusion to the Town of Fuquay-Varina. Stephanie Shattuck, 1733 Ethan Springs Drive, Willow Spring, NC stated she would like a cultural assessment of municipal government to be done. She stated that it must be done by an independent entity and the report to be shared with the public. A cultural assessment is good for everyone and will help to lead to improved decision making that better represents all communities and less likely to suffer from unintentional blind spots and bias. She stated that a  cultural assessment needs to be done now or as soon as possible, and not by a hired DEI officer. Commissioner Harris reiterated comments that he made at a prior meeting in response to the public comments. He stated that a part of the process for developing a strategic plan that addresses future management and the achieving of the overall missions of an organization is conducting a cultural assessment to assess the norms, the values, the traditions, and patterns within the organization. He stated that if the Board decides to have a cultural assessment it is going to look at the entire organization of Fuquay-Varina and it is going to help identify our strengths and weakness in various areas. He stated that the cultural assessment would be a tool for improvement not a target or threat to any one person or department. He hopes as a Board that they do not ignore the comments and passion that have been presented to them. He also stated that someone had requested that this item be placed on the August agenda for consideration, and he wanted to verify that this would be done. Mayor Byrne stated that it is a learning process, and that the Town Board must understand the deeper issue. He stated that he has confidence that the process will work process will work, and that it’s a good thing to have it on the August agenda for consideration. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the July 12, 2021, Town Board meeting. PUBLIC HEARINGS 7A Adoption of Bond Orders - Parks and Recreation - $18.5-million and Transportation - $20 million Purpose – To hold public hearings on the introduced bond orders for Parks and Recreation Bonds of $18.5 million and Transportation Bonds of $20 million. 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 about the agenda item and made the following remarks. On June 7, 2021, the Town Board took action to schedule two public hearings for July 12, 2021, which is required prior to taking the final action to schedule a General Obligation Bond (GO) Referendum. Specifically, two public hearings are scheduled for bond referenda to be held to authorize the issuance of up to $18.5 million for Parks and Recreation investments, and an additional $20 million for Transportation improvements. After the completion of the public hearings, the Town Board will be asked to consider adoption of Bond Orders for each purpose, which is required for referenda to be placed on the November 2, 2021, ballot. Following the adoption of each Bond Order, a separate resolution to approve and formally set the referenda date and ballot questions must also be approved by the Board. This is the final step by the Board in order to move forward with funding of various Parks and Recreation Projects and Transportation improvements. The actions are the final Board action required to schedule referenda for $18.5 million in GO Bonds for Parks and Recreation and $20 million in GO Bonds for Transportation. Once each Bond order is formally adopted, the third resolution included in the recommended motion authorizes the Town Clerk to advertise the referenda date of November 2, 2021, and coordinate with the Wake County Board of Elections to include on the ballot both referenda questions for voter approval. Prior to this action, the Board is asked to first hold a public hearing regarding the proposed Parks and Recreation Bond Referendum, immediately followed by a public hearing regarding the proposed Transportation Bond Referendum. The Town Board is considering scheduling bond referenda to authorize the issuance of General Obligation (GO) Bonds in the amount of $18.5 million for Parks and Recreation investments and $20 million for Transportation investments. The estimated debt service for the full $38.5 million is approximately $2.4 million annually over 20 years. This debt service is a tax equivalent of 5 cents on the current tax base of $4.9 billion. Although the exact amount of debt service is unknown until issuance, management plans to minimize the impact of this debt service repayment on the Town's tax rate using revenues generated by the Town's strong growth and enhanced tax base. Town staff will provide a list of potential projects with engineer opinion cost estimates at a later Town Board meeting for Town Board consideration. Pending projects and their cost estimates will be presented to the Local Government Commission for review. Town Manager Mitchell stated that they had received some new updated information late last week that has caused staff to potentially revisit and retool the recommendation regarding the Parks and Recreation Bond information. He recommends that the Town Board conduct the public hearing tonight for the bonds as duly advertised and then consider tabling consideration  of the two bond orders and subsequent resolution until the August 2, 2021 Town Board meeting. Public Hearing – The public hearing was opened. No one spoke in favor or in opposition to the adoption of the bond orders. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation - Table consideration of the two bond orders and subsequent resolution until the August 2, 2021, Town Board meeting. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) 7B Voluntary Annexation Petition - Pore-Mangum Property (The Preserves at Holland), 0, 0, 804, and 806 Holland Road - PIN 0666428465, 0666428912, 0666523374 and 0666422289 - ANX- 2021-05 Purpose – To consider tabling the public hearing and consideration to the August 2, 2021, Town Board meeting for a requested annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a petition for voluntary annexation of property owned by William D. and Teresa S. Pore, J. Franklin Pore, Jr., and Charlotte H. Mangum, containing approximately 28.207 acres. Staff Comments – Town Manager Mitchell stated that the petitioner has requested to table this request until the August 2, 2021, Town Board meeting. Recommendation – Table the public hearing and consideration for the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by William D. and Teresa S. Pore, J. Franklin Pore, Jr., and Charlotte H. Mangum to August 2, 2021 - ANX- 2021-05, as presented and recommended.  MOTION: Commissioner Smith SECOND: Mayor Pro-Tem Massengill MOTION RESULTS: Passed Unanimously (5-0) 7C Zoning Map Amendment - Tony M. Tate, TMTLA Associates - a portion of 7100 Kennebec Road - PIN 0676899604 - REZ-2020-23 Purpose – To consider a requested zoning map amendment for a total of 2.229 acres, located at a portion of 7100 Kennebec Road, from the Residential Medium Density (RMD) Zoning District to the General Commercial Conditional Zoning District (GC-CZD). 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 about the agenda item and made the following remarks. The property totals 11.69 acres, 2.229 acres of which are the subject of this petition. The property is currently in the Town's Extraterritorial Jurisdictional (ETJ) and is the subject of annexation petition ANX-2020-16. There is currently a single-family home on the eastern edge of the subject property, however the rest of the area is cleared, agricultural land. The zoning map amendment petition requests approval of the General Commercial Conditional Zoning District (GC-CZD). This zoning district is intended to permit a mix of high intensity nonresidential development uses consisting of retail, office, institutional, employment centers, and service uses. This district is generally located at intersections, along arterial roads (freeways, expressways, parkways, and boulevards), and major thoroughfares serving an area of two (2) miles or greater. The petitioner is requesting the following conditions be applicable to the use of the subject property: The following uses shall not be permitted: 1) Live/Work Unit 2) Conference Center 3) Stadium/Arena 4) Community Services 5) Hospital/Medical Center  6) Parks/Facilities, Open and Civic Space 7) Bus Stop 8) Park and Ride 9) Parking Deck 10) Recycling Collection Station 11) Recycling Transfer Center 12) Electrical Substation 13) Electronic Sweepstakes Gaming Operation 14) Palm Reader 15) Sexually Oriented Business 16) Tattoo & Body Piercing 17) Broadcasting/Radio Station, Television or Filming Studio 18) Golf Course 19) Pawnshop 20) Manufacturing, Research & Development 21) Greenhouse/Nursery 22) Transit Terminal Services 23) Vehicle/Charter Services 24) Vehicle, Boat, Equipment Sales and or Rental 25) Place of Worship 26) Place of Worship, Temporary. Surrounding properties are a mix of retail/commercial and residential uses. Existing and proposed retail and commercial uses are east, northeast, and north of the property. Immediately north of the property is the location of the proposed Willow Spring Dollar General retail store and to the south is a single-family home on several acres of agricultural land. To the west is the remaining balance of the subject property not included in this rezoning. The 2035 Community Vision Land Use Plan (LUP) calls for the Small-Scale Commercial Center (SSCC) Classification at the subject property. This classification is defined as land that provides goods and services to surrounding neighborhoods. Their proximity to neighborhoods requires that operations be low-intensity, unobtrusive and at a scale and design compatible with nearby residential development. The design of neighborhood commercial centers transitions effectively between residential and non-residential uses and includes safe and convenient pedestrian and bicycle access for nearby residents. Public water is available to serve the subject property. Direct access to public sewer is not currently available. The developer will be responsible for extending sewer services and installation of a pump station in the future to serve this parcel. The subject property is located along and has access to Kennebec Road and NC 42 Highway. The 2035 Community Transportation Plan (CTP) classifies Kennebec Road as a 70-foot right-of- way and is identified as being a two (2)-lane road with a sidewalk and sidepath, with a future carrying capacity of 12,400 ADT. It is currently a two (2)-lane road with a carrying capacity of 12,400 ADT. 2015 NCDOT traffic counts taken in front of the subject property on Kennebec Road indicated a volume of 4,500 ADT. Newer traffic counts are unavailable at this time. The CTP classifies NC 42 Highway as a 120-foot right-of-way and is identified as being a four (4)- lane, median divided road with sidepaths, with a carrying capacity of 40,500 ADT. It is currently a two (2)-lane road with a carrying capacity of 20,200 ADT. 2019 NCDOT traffic counts taken approximately one (1) mile east of the subject property on NC 42 Highway indicated a volume of 14,000 ADT. The petitioner held a neighborhood meeting on April 8, 2021, online via the Zoom web application. The meeting report is attached, and staff takes no position as to its content. Management and staff recommend approval of the proposed zoning map amendment as it is consistent with the 2035 Community Vision Land Use Plan and reasonable and in the best interest of the public for the following reasons: 1) The requested zoning map amendment is consistent with the 2035 Community Vision Land Use Plan's Recommendation CF.1 - Invest in Existing Growth Areas, which encourages the extension of utilities and growth of development in areas that are already in the growth process to maximize effectiveness. 2) Conditions proposed by the petitioner effectively limit future development so that it is compatible with the surrounding areas. At the June 21, 2021, regular meeting, the Planning Board unanimously voted to recommend approval. Public Hearing – The public hearing was opened. Tony Tate, of TMTLA Associates – Land Planning and Landscape Architecture, 5011 Southpark Drive, Suite 200, Durham, NC spoke in favor to the zoning map amendment on behalf of Mr. Glen Futrell. No one spoke in opposition to the zoning map amendment. The public hearing was closed.  Discussion – Mayor Pro-Tem Massengill asked if across the street from the property that a Dollar General will be going in and a gas station in the opposite corner. Town Manager Mitchell stated that was correct. Mayor Pro-Tem Massengill stated that this is a heavy travel intersection and that a gas stations make sense on heavily traveled highways, and general commercial use is the best use for this location. Recommendation – Approve REZ-2020-23, a zoning map amendment at 7100 Kennebec Road, from the Residential Medium Density (RMD) Zoning District to the General Commercial Conditional Zoning District (GC-CZD). The proposed zoning map amendment is consistent with the 2035 Community Vision Land Use Plan and is reasonable and in the best interest of the public for the reasons identified by management and staff. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8A Special Event Permit, Amplified Sound Permit and Temporary Road Closure Request - Dinner on Depot Event - Fuquay-Varina Downtown Association - September 25, 2021 Purpose – To consider approval of a special event permit, amplified sound permit, and temporary street closure request for the 2021 Dinner on Depot Event scheduled for Saturday, September 25, 2021. Recommendation – Approve a special event permit, amplified sound permit, and temporary road closure request for the 2021 Dinner on Depot Event scheduled for Saturday, September 25, 2021, as presented and recommended. 8B Budget Amendment - Youth Athletic Scholarship Fund Donation - Parks, Recreation and Cultural Resources - $500 - BA-22-01 Purpose – To consider approval of a budget amendment recognizing donations of $500 for non-resident scholarships within the Parks, Recreation, and Cultural Resources Department. Recommendation – Approve budget amendment BA-22-01 as presented and recommended. 8C Resolution - Acceptance of Coronavirus State and Local Fiscal Recovery Funds (CSLRF) - American Rescue Plan Act of 2021 Purpose – To formally accept funding for the Town as required by the American Rescue Plan of 2021 through the Coronavirus State and Local Fiscal Recovery Fund. Recommendation – Approve the attached resolution to accept funding provided from the American Rescue Plan Act of 2021 through the Coronavirus State and Local Fiscal Recovery Funds (CSLRF) and authorize the Town Manager and Finance Director to take and ratify all actions required to receive and manage the funds. Resolution No. 21-1714 8D Surety/Letter of Credit - Legacy Farms Subdivision - Bluffwind Drive Water Extension - $114,059.98 Purpose – To consider a surety request to permit recordation of Legacy Farms Phase 2 prior to the extension of a water line to serve proposed Lots 3898, 3901, and 3905 Bluffwind Drive, in the amount of $114,059.98. Recommendation – Approve the underlying agreement and acceptance of a surety for the Legacy Farms Subdivision in the amount of $114,059.98 as presented and recommended subject to Town Attorney review as to form. 8E Utility Agreement Allocation Request - Carolina Gardens Subdivision, Phases 6-12 Purpose – To consider a Utility Agreement Allocation Request for the Carolina Gardens Subdivision, Phases 6-12 for 74,400 gpd sewer and 89,280 gpd water. Recommendation – Approve the recommended Utility Agreement Allocation Request for the Carolina Gardens Subdivision, Phases 6-12, as presented and recommended. 8F Utility Agreement Allocation Request - Sippihaw Springs Subdivision Purpose – To consider a Utility Agreement Allocation Request for the Sippihaw Springs Subdivision for 4,800 gpd sewer and 5,760 gpd water. Recommendation – Approve the recommended Utility Agreement Allocation Request for the Sippihaw Springs Subdivision, as presented, and recommended. A motion was made to approve all items (8A – 8F) on the Consent Agenda. MOTION Mayor Pro-Tem Massengill SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) Mayor Pro-Tem Massengill asked what the total amount of funds that the Town will receive from the American Rescue Plan Act. Town Manager Mitchell stated the Town would receive $9.6 million from the Federal Government. Mayor Pro-Tem Massengill offered that this is almost $10 million dollars to be used for projects that our taxpayers will not have to pay. ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Contract Award - 2021 Fuquay-Varina Street Improvements Purpose – To consider award of the 2021 Town of Fuquay-Varina Street Improvements Project to Turner Asphalt in the amount $655,315.00. 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 information about the agenda item by making the following remarks. In consultation with the Town's Public Works Department, the Town's Engineering Department prepared bid packages for the Town's road resurfacing needs. On July 1, 2021, at 3:00 PM, the Town held a bid opening for the 2021 Town of Fuquay-Varina Street Improvements Project. Four bids were submitted. Turner Asphalt company was the low bidder in the amount of $655,315.00. Turner Asphalt completed four of the Town's last five road resurfacing projects. Town staff has been satisfied with Turner Asphalt's quality of work on previous projects. Bid prices for this project are below the budgeted project amount when combining FY 2021 and FY 2022 Powell Bill appropriation funds. Given the need to improve Town streets and the competitive bids received, management and staff recommend the 2021 Town of Fuquay-Varina Street Improvements Project award. The Town has historically budgeted $400,000 per year from the Town's annual distribution of the Powell Bill Program to fund street resurfacing and related activities. However, funding for the 2021 resurfacing improvement projects was not obligated before June 30 of this year due to a delay in finalizing the comprehensive roadway improvement project list. Therefore, a budget amendment is attached to allocate the restricted Powell Bill fund balance of $400,000 from the prior fiscal year to bring the current fiscal year project budget to $800,000 to satisfy the recommended contract award of $655,315.00. With the remaining project balance of $144,685, Town staff will identify additional Town streets in need of resurfacing improvements that are not currently recognized in the contract. Discussion – There was no discussion from members of the Town Board regarding this matter.  Recommendation – Approve a contract award of $655,315.00 to Turner Asphalt, subject to Town Attorney review as to form, and approve a budget amendment (BA-22-02) in the amount of $400,000.00 as presented and recommended. MOTION: Commissioner Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) 10B 2021 Contract Award - Carroll Howard Johnson Environmental Education Park - Bridge Repairs/Replacement - $41,300.00 Purpose – To consider a contract award for the Carroll Howard Johnson Environmental Education Park - Bridge Repairs / Replacement Project to Pacos Construction, Inc. in the amount of $41,300.00. 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 information about the agenda item by making the following remarks. The Engineering Department prepared informal bid packages to repair the Carroll Howard Johnson Environmental Education Park - Bridge Repairs / Replacement Project. The Town received informal bids on April 8, 2021 and received a total of 2 bids from licensed contractors. Pacos Construction, Inc. was the low bidder in the amount of $38,000.00. The start of this project was delayed until the beginning of the Town's current FY 2022 for budgetary purposes. Due to the delay in starting this project, on June 25, 2021, Pacos Construction submitted an updated bid of $41,300.00 to account for increases in project material prices. This project's scope of work includes bridge repairs identified in a Structural Assessment Report prepared by Finch Engineering in February 2021. The northern bridge abutment, to be replaced, has experienced a large amount of scouring, significantly undermining the footing. Additional repairs include repairing loose hardware and replacing decaying wood on bearing pads, guardrails, and floor beams.  Town staff has been satisfied with Pacos Construction Inc.'s quality of work on previous projects. Town staff recommends awarding the construction of the Carroll Howard Johnson Environmental Education Park - Bridge Repairs / Replacement Project to Pacos Construction, Inc. in the amount of $41,300.00 as presented and recommended and authorize the Town Manager to execute a contract with Pacos Construction, Inc. in the amount of $41,300.00, subject to Town Attorney review as to form. The duration of the renovation project is expected to take no more than 120 days. The FY22 budget includes funding for the bridge replacement and repairs at Carroll Howard Johnson Environmental Education Park. Project bids received are within approved project budget. Discussion – Mayor Pro-Tem Massengill stated that this park is used by a lot of children and for educational purposes. He is glad that we can replace the bridge and keep this park open. Recommendation – Award the construction of Contract Award - Carroll Howard Johnson Environmental Education Park - Bridge Repairs / Replacement to Pacos Construction, Inc. in the amount of $41,300.00, as presented and recommended, and authorize the Town Manager to execute a contract with Pacos Construction, Inc. in the amount of $41,300.00, subject to Town Attorney review as to form. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Town Manager’s Report Planning Department - The Planning Department has hired Grant Vestule as current Planner II and Jason Ballard as Code Compliance Officer. Inspection Department - The Inspections Department has hired a new Field Inspector, Dennis Grice, who started work on July 6th. As of today, the Inspections Department has issued 49 new single-family permits for the month of July. We have surpassed last year’s new single family  permits issuances. Last year 1,031 permits were issued and from January 1, 2021, until today, 1,062 new single-family permits have been issued. Information Technology - The IT Department kicked off the program City Works which is the work order management software implementation. The IT Department is also working to implement a phone system upgrade scheduled to take place later this month. Parks, Recreation, and Cultural Resources Department - The Parks and Recreation Department has seen 1,633 fall youth sports registrations since opening earlier this month. Arts Center - The Arts Center box office website is up and live. Tickets for fall theater events and spring events are available for purchase online or in person. Police Department - The Police Department is third in raising funds for the Special Olympics in the State of North Carolina. Custard with the Police was well received, and we will be planning other events with St. Augusta Church. Crime statistics – we have 29% reduction in violent and property crime year to date compared to last year. Honor Guard presented colors at Hilltop Church for the annual Red, White and Blue Service. The department is planning youth outreach camps to include a forensic day camp and a junior youth weeklong police academy. The bicycle helmet reward program has started, so if there are youth in the community that are caught wearing their bicycle helmets, they will get a ticket from our Police Department that will provide a treat to some of our various establishments in Fuquay-Varina. Administration - Assistant Town Manager Mark Matthews has been appointed as the municipal management representative to the Wake County Fire Commission. We will have two people on this commission as Fire Chief Mauldin is also a representative. 11B Project Status Report – July 2021 11C Ice Cream Social - Sunday July 18, 2021 - 4:00 - 6:00 pm - Fuquay Mineral Spring Park 11D July 20, 2021, Town Board Meeting - Cancelled 11E National Night Out Against Crime - Fuquay-Varina Police Department Open House - Tuesday, August 3, 2021 - 5:00 - 8:00 pm 11F Zoning Map Amendment - Larry Witek, First Capital Investments, LLC - 2406 Fleming Road - PIN 0646957748 - REZ-2021-04 - (FIRST READING) - (Mitchell/Seymour/Davison) BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill stated that the Garden Club donated a public art statue named “Guardian” to the Police Department. He stated that the dedication event was great and that he is proud of the Garden Club for donating the artwork to the Police Department. He wishes that more organizations would do this and find other locations to share their work. Commissioner Smith stated that he had no comments. Commissioner Harris stated that he had the opportunity to attend the July 3rd event and it was well organized. It was great to see the splashpad up and running again. He stated that the food and the weather were perfect, and that staff is to be commended. He also stated that he attended the 4th of July Celebration at the Fuquay-Varina Baptist Church, and it was an excellent event. Commissioner Wunsch wanted to congratulate the Fuquay-Varina Varsity Baseball team for winning the State Championship. He stated that he is proud of all our amazing athletes and students in the Town of Fuquay-Varina. He also attended the July 3rd Celebration and he stated that year we do a great job, but this year was absolutely outstanding, and he got a lot of feedback from the public about the fireworks. He stated that the reason he could not attend tonight’s meeting in person was due to exposure to the COVID-19 virus. Commissioner Gardner added her congratulations to the Fuquay-Varina High School 4-A State Champion Baseball Team. Mayor Byrne echoed those comments of Commissioner Gardner and, he stated the Town was working on other recognition of the team. He also stated that when the baseball team arrived back in Town, they were escorted by the Fuquay-Varina Police Department. He stated that there are some in the community that are trying to raise money for the team to be able to get championship rings. He stated that the weather was perfect for a great July 3rd celebration, and the staff did a great job. He also stated that everything with the splashpad is now recyclable water. He stated that he and Adam had a zoom meeting with the Wake County Home Builders Association, and they were able to accomplish some good things. He also stated that he spoke to Windsor Point residents. He then reviewed other meetings that he attended in the previous week as well as upcoming events as follows: Past Events 6/23 – Guardian Sculpture Dedication – Garden Club 6/25 - NC Metro Mayors Weekly Legislative Call 7/2 – NC Metro Mayors Weekly Legislative Call 7/9 - NC Metro Mayors Weekly Legislative Call 7/9 – Chamber Ribbon Cutting – Fuquay Pediatric Dentistry Upcoming Events 7/16 - NC Metro Mayors Weekly Legislative Call 7/30 – Ribbon Cutting – Smith Douglas Homes, Legacy Farms Mayor Byrne then asked Town Manager Mitchell to read a statement that he (Mayor Byrne) had prepared. Town Manager Mitchell read the following on behalf of Mayor Byrne. “Fuquay-Varina Mayor John W. Byrne announced his retirement tonight and that he will not seek re- election in the upcoming November election. He has served as mayor of Fuquay-Varina for 20 years. “I set goals when I became mayor. I made a commitment to those goals, and I’ve been able to achieve those goals along with the help of some fantastic Town Commissioners and a first-class Town staff. My wife and I are in good health, and we are at a stage in our lives where we want to do some things that require a time commitment that would frankly take away from the responsibilities of being Mayor. This is a great opportunity to step down on a high note and transition to the next phase in our lives,” said Mayor John W. Byrne. “It has been the greatest honor of my life to be Mayor of Fuquay-Varina.” Mayor Byrne further stated that, “I think we have the best Town Board we’ve ever had. I especially want to thank Blake Massengill for the wonderful job he has done as Mayor Pro Tem. Blake has helped me more than he knows, and he is a great ambassador and leader for the Town. His experience and input is invaluable. I also want to thank the Town Manager and his team of directors. We have some of the finest professionals in the state working for the Town and its citizens.” The citizens of the Town of Fuquay-Varina have greatly benefited from Mayor Byrne’s 20-year tenure. Mayor Byrne led efforts to complete the Judd Parkway loop around Fuquay-Varina. The 7-mile loop improves traffic flow and commuter times for residents and regional commuters from Southern Wake and bordering counties. He also led significant streetscape investments in both the Fuquay and Varina Districts helping to revitalize them into thriving business areas. Under Mayor Byrne’s guidance, the town received tens of millions of dollars in grant funding for community improvements and the Town received a Triple A Bond rating from Standard & Poor’s, the highest municipal bond rating issued for units of government. The Town made significant investment in infrastructure including the expansion of Terrible Creek Wastewater Treatment Plant, which increased treatment capacity from 1 to 3 million gallons per day. Additionally, a new Public Service Center was added to accommodate a growing population and Town Hall relocated back downtown. Also under Mayor Byrne’s leadership, a former Belk department store building was refurbished into a thriving Arts Center. The Town purchased and revitalized the Fuquay Mineral Spring Park, for which the town was founded and gets part of its name. The Town's park inventory grew to 20 parks with more than 500 acres of active and passive land spread throughout town. Most notably, the town recently accepted 140 acres of land from Wake County, which is now Hilltop Needmore Town Park and Preserve and completed a $5.5 million upgrade to Fleming Loop Park. Mayor Byrne has always been a champion of preservation. Under his guidance, the town of Fuquay- Varina was selected to participate in the North Carolina Main Street program in 2006 and continues in this program today. In conjunction with strong volunteerism, the program has helped to strengthen the Town’s two downtown districts. Mayor Byrne also has personally given back to the community. In this 20-years as Mayor he has contributed both financially and through the donation of land to the Town. Notably, he and his wife Patty are Friends of the Arts Center and made a sizeable donation to the Arts Center theatre. Mayor Byrne also donated land to the Fuquay-Varina Fire Department to allow for an expansion of Fire Station No. 1. Mayor Byrne has advocated for investing in employee education, competitive wages, and benefits. A particular point of pride for him is that he has given the oath of office to most incoming police officers in his 20 years as mayor. “Mayor Byrne has been an incredibly strong leader in helping to navigate the explosive growth the Town of Fuquay-Varina has experienced over the past 20 years,” said Town Manager Adam Mitchell. “His strong vision and commitment, and quite honestly, his affection for this town have left an enduring mark on Fuquay-Varina.” Town Manager Mitchell advised that per Mayor Byrne’s request, the Town would make notice to the public of the Mayor’s statement on retirement via the Town’s website and social media pages. Mayor Byrne stated “it has been a great honor to serve as Mayor. I have tried to be a good listener, a good advocate for people and very much interested in our Town as we move forward. When you do something for 20 years, you have done the best you can do, you care about it and it is a passion for you”. He wished Mayor Pro-Tem Massengill good luck and he will be pulling for him. Mayor Pro-Tem Massengill stated that Fuquay-Varina is certainly not going to be the same without Mayor Byrne, “you have done an amazing, amazing job and given this position your all for 20 years. You have been to nearly every event for the past 20 years. I see you walking around town checking on things, whether it is downtown, or whether it is other locations in Fuquay-Varina, that is evident how deeply you care about this community. All the citizens and business owners know that, and they appreciate you. Over the years, you have worked with a variety of different Board members, variety of the different Town Managers and Town staff. You have made Fuquay-Varina the best that it can be and that has not been easy dealing with all the personalities you have faced and all the other interactions that you had. You know, the Town has the accolades page, and it lists all the things that the Town has accomplished, and all those things are things that you have been involved with and had your hand in. Those are major accomplishments that us as a Board and you as a Mayor are very, very proud of. You should be proud of your legacy in Fuquay-Varina and the differences that you have made.” Mayor Pro-Tem Massengill then announced that he will be filing for Mayor for Fuquay-Varina. He stated that he plans to continue the great path forward in Fuquay-Varina. Mayor Byrne stated that for 20 years he has served with seven Town Managers and Adam is by far the best one that we have ever had here in Fuquay-Varina. He cares deeply about the community, and he has a passion for it. CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a)(3) - Attorney Client Privilege A motion was made to conduct a closed session meeting at 8:53 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (5-0) RETURN TO OPEN SESSION____________ The Town Board returned to open session at 9:15 p.m. with nothing to report out of closed session. ADJOURNMENT A motion was made to adjourn the meeting at 9:17 p.m. MOTION: Commissioner Gardner SECOND: Mayor Pro-Tem Massengill MOTION RESULT: Passed Unanimously (5-0) The minutes from the July 12, 2021, Town Board of Commissioners regularly scheduled meeting are adopted this 2nd day of August in the year 2021 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA John W. Byrne, Mayor ATTEST (TOWN SEAL) Rose H. Rich, Town Clerk