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Board of Commissioners

Regular Meeting

Fuquay-Varina, NC · August 17, 2021

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Minutes

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting August 17, 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 Tuesday, August 17, 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 Pro-Tem Blake Massengill and Commissioners Marilyn Gardner, William Harris, Larry Smith, and Jason Wunsch. Mayor John W. Byrne was absent. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Information Technology Director Scott Clark, Town Clerk Rose Rich, and Town Attorney James Adcock. CALL TO ORDER Mayor Pro-Tem Massengill presided over the meeting, and he called the meeting to order at 7:02 p.m. INVOCATION AND PLEDGE Commissioner Larry Smith provided the invocation and Police Chief Laura Fahnestock 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 August 2, 2021, minutes of the Town Board of Commissioners regularly scheduled meeting. MOTION: Commissioner Wunsch SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Recognition - 2021 NC State High School Athletic Association 4A State Champions - Fuquay- Varina High School Baseball Team Purpose – To recognize the Fuquay-Varina High School 2021 Baseball Team for winning the 4A State Championship. Coach Zach Boraski will be in attendance on behalf of the Fuquay-Varina Baseball Team. Mayor Pro-Tem Massengill introduced Fuquay-Varina High School Baseball Varsity Coach Zach Boraski. He stated that Coach Boraski’s leadership resulted in teamwork and the will to win. He presented Coach Boraski with a plaque in recognition for winning the 2021 NCHSAA 4A State Championship. Coach Boraski commented that the last two years with COVID has been challenging, but event with COVID protocols in place, the team was able to find a way to persevere and win. 4B Presentation - 2018 State Championship Coaches Mayor Pro-Tem Massengill introduced Fuquay-Varina High School Athletic Director James Mountford and he commended the three coaches for having won state championships in 2018. He stated that with Athletic Director Mountford’s leadership and the coaches, the teams were able to make incredible things happen and the Town Board is very proud. Mayor Pro-Tem Massengill remarked that in 2018 the Town of Fuquay-Varina installed signs around Town celebrating the 2018 State Championships. He then presented the highway signs to the Athletic Director for the three coaches on behalf of the Town Board. Athletic Director James Mountford commented that 2018 was a special year for gymnastics, girls’ soccer, and boys baseball. He stated that the Fuquay-Varina High School was very fortunate to have very good student athletes and the best coaches in the state. Two of the coaches were not in attendance, Coach Stacey Amey and Coach Nick Acosta. He also stated that the school appreciates all the support that the Town of Fuquay-Varina gives them every year and he thanked the Town Board for the signs. PUBLIC COMMENTS 5A Edna Gaston, 914 Tupelo Glen Court, Fuquay-Varina, stated that she would like to see senior representation on the Boards and the Committees that make decisions to give attention to reviewing the needs of seniors. Chauncy Scarborough, 2835 Wilkes Lake Drive, Fuquay-Varina, made reference to a well- managed senior center in his former hometown in Pennsylvania. He stated he would like to see the senior center in Fuquay-Varina with different classes, programs and a kitchen that could help provide meals. Charles Fischer, 513 Aspen Grove Drive, Fuquay-Varina, a member of the Active Adult Task Force, stated that 25% of the population in Fuquay-Varina is at least 55 years of age and seniors desire classes and activities specific to their age group as well as spaces for Meals on Wheels and resources for senior programs. He stated that at the August 2, 2021 Town Board meeting, The Task Force learned that their concern over the programming space had been ignored and there was no confirmation that a dedicated expert in senior services would be hired. He questioned how our elected board considers the future needs of its increasing senior population. Jim Purgason, 2410 Kinglass Drive, Fuquay-Varina, stated that he just turned 65 and he has an interest in having a place to go to meet with people of his own age and peers. He did some calculation of the building and he figured that the part that would be dedicated to seniors is only about 8% of the total square footage of the building. He stated that for a growing population of seniors, he would like for the plans to be reviewed again to include more square footage for our growing senior population. Jennifer Holt, 502 S. Main Street, Fuquay-Varina, stated she would like to offer an observation. She stated that in recent months the Fuquay-Varina Community Alliance has asked for an independently conducted Cultural Assessment and members of the Active Adult Task Force have advocated for a standalone Senior Center. She stated that both groups have asked for a seat at the table. She stated that the Parks & Recreation Advisory Board, which approved the Community Center design option A and B has no members over the age of 55 with two empty seats. Also, the Fuquay-Varina Community Alliance met in June, and no one has given them a sufficient explanation for why a Cultural Assessment was put aside. She stated that there is a palpable disconnect between these groups specific request and the plans brought forward by the Town. She stated that all of this looks like Town management and most of our elected officials condescending to the very people who have stood up to stake a claim that as Fuquay- Varina grows, it becomes an equitable, healthy, and thriving town for all. She requested that the elected officials and town management be more respectful in response to citizen groups who are eager to engage in meaningful ways. Emmual Holland, 209 Ber Creek Drive, Fuquay-Varina, stated that his comments are in response to the August 2, 2021, Town Board meeting, in regard to a Cultural Assessment. He stated that he was disappointed that a second was not made to Commissioner Harris’ motion because when he met in private with a couple of Commissioners regarding a Cultural Assessment, there was support in the private meeting, but not in public. He stated that we are experiencing major growth and we have to keep up with the growth and a Cultural Assessment would be a tool to measure all aspects of municipal government. He stated that the Town should take advantage of the time and have a Cultural Assessment done. Elizabeth Parent, 8620 Jordan Meadow Drive, Fuquay-Varina, stated that Jennifer Holt pretty much expressed everything that she was planning to say. She requested that a Cultural Assessment of the Fuquay-Varina Municipal Government be placed on the September 7, 2021, agenda and also that the Cultural Assessment be conducted as soon as possible by an independent consultant and the report be made available to the public. She requested that a DEI officer/director be hired to interpret the completed Cultural Assessment report and create a sustainable path to accept diversity and bring equity and inclusion to the Town of Fuquay- Varina. Further, she stated that with Apple coming to the Research Triangle Park in 2023, the Town might want to have a Cultural Assessment conducted in order to make sure that the situation does not grow too big for the Town to handle. David Jones, 1120 Hodgson Lane, Fuquay-Varina, thanked staff for helping with concerns that he raised at the last meeting in regard to the builder and construction adjacent to the Adalyn Place Subdivision. He stated that they have seen much improvement. He also stated that Assistant Town Manager Seymour called him a couple of times conveying what the Town was doing. Also Engineering Director Matt Poling walked the site with him and discovered other issues. He stated that the contractor still does not get it and the Police Department has been called in the last two weeks for workers working on Sunday. He requested that the Town continues to monitor the situation. He also stated that he would also like to see the Senior Center expanded to accommodate a growing population of seniors. Adam Bensley, 1152 Dexter Ridge Drive, Holly Springs, stated that what happened at the last meeting when one black Commissioner asked his white colleagues to support an initiative that would help bring equity to Fuquay-Varina and he was met with silence and absolutely no support is inexcusable and unjust. He stated that at every meeting we see white privilege on display as the Town Board continually ignore an issue because it does not affect them. He respectfully demanded a Cultural Assessment be commissioned as soon as possible. Sheree Ward, 4604 Spring Crest Court, Fuquay-Varina, stated that she was one of the people that fought for the preservation of the land that is now Hilltop Needmore Town Park and Preserve. She is requesting that the Town Board consider Concept A for the Active Adult Center being on the first floor. She stated that she is appreciative of the Town’s commitment to the park, and it will be an amazing amenity for the people of Fuquay-Varina. ITEMS PREVIOUSLY TABLED 6A Community Center North/Active Adult Center - Conceptual Design Selection Purpose – To consider selection of a preferred conceptual design for the Community Center North/Active Adult Center Project. Staff Comments – Town Manager Mitchell entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided general information about the agenda item and made the following remarks. On December 7, 2020, the Town Board awarded the design contract for the Community Center and Active Adult Center to HH Architecture, and the design contract was approved by the Town Board on January 4, 2021. In March, the Town began working to engage with the residents of Fuquay-Varina to develop a program for the new Community Center North / Active Adult Center that would meet the needs of our growing community. The Town hosted in-person Open House events on March 22nd at Fleming Loop Park, and on March 24th at the Community Center. The Town also utilized the Let's Talk FV online engagement tool and received 546 responses to the Community Center North / Active Adult Center design survey. During the community engagement process the design team heard a strong desire expressed for an indoor walking track, pickleball courts, and indoor courts for youth sports. Activities that are important to our community members include mindfulness classes, such as yoga and meditation, as well as other group exercise and dance classes. Among the most requested educational classes were cooking classes and demonstrations, computer, and technology classes, as well as arts and crafts. The results show that residents wish the new Community Center North / Active Adult Center to be a place to gather, meet and socialize and to participate in both intergenerational programs and age-specific programming. The Town of Fuquay-Varina Parks, Recreation and Cultural Resources Department has been working with HH Architecture on a final building program that includes a new gymnasium that will offer an indoor walking/running track, pickleball courts, adult, and senior indoor sports. The facility will provide rooms for wellness and educational classes alike, with a large multi-purpose space and "warming" kitchen for events and classes, and additional classrooms and gathering spaces. These proposed spaces will provide specified spaces for active adults and provide additional program space for to meet the demands of all recreation and youth athletic programs. Two conceptual floor plan designs have been developed that meet current programmatic needs and include the core components that emerged from the community engagement process. Both designs provide the opportunity to add a future phase to accommodate anticipated growth, provide flexibility, amenities and help mitigate construction costs and disruption over time. Both concepts were presented to the Parks, Recreation and Cultural Resources Advisory Board on July 6, 2021, and one concept was unanimously recommended. At the August 2, 2021, meeting Assistant Town Manager Matthews presented both concepts, along with Town Management's recommendation to select Concept B. At that meeting, the Town Board adopted bond orders scheduling a referendum for November 2 and directed management and staff to arrange a meeting with seniors in the community presenting both concepts, answering questions, and receiving informal feedback and input. On August 9, 2021, representatives of the Town and design team including Assistant Town Manager Matthews, Parks, Recreation, and Cultural Resources Director Cox, HH Architecture, and Lifespan Design Studio shared the attached presentation that includes the same information about the concepts that was presented to the Town Board on August 2. Following this presentation, attendees were able to address questions and give input to the design team and view conceptual floor plans up close. 37 members of the public attended the meeting, of which 76% were Town residents. The meeting lasted approximately 2 hours. A large portion of those in attendance were members of the Fuquay-Varina Active Adult Task Force. Key takeaways from the meeting are as follows: 1. A number of active adults present expressed that they were not satisfied with Concept A or Concept B. The feedback received from this group was that they prefer neither and prefer not to advance the project if a stand-alone building option is not offered. This feedback is counter to the input received from the broader community during the public engagement process, including the input from active adults. There were other residents present that expressed support for the connection to community center amenities, such as a gymnasium and indoor walking track that are unlikely to be included as a component of a standalone active adult center. 2. A significant number of the active adults present expressed dissatisfaction that the 7,000-8,000 square feet identified specifically for active adults, in addition to other shared and common spaces, is sufficient. The feedback received is that if the Town is planning to construct 57,000 square feet of total space, then 25% or roughly 14,250 square feet should be dedicated specifically to active adults/seniors. This expectation exceeds the needs expressed by the community at large, and in order to dedicate this amount of space solely to active adults/seniors a decision would need to be made to considerably cut back multigenerational/shared community center space or add additional space to the concepts. Land availability does not exist to accommodate this request, and the cost to construct will be challenging to afford at this time. As a reminder, there is no other demographic or age group with dedicated space proposed as part of either concept, and Town management and staff fully expect active adults to be frequent users of other shared spaces within the facility, for example the gymnasium, walking track, fitness areas, multipurpose room, kitchen, and circulation areas. 3. Of the active adults present at the August 9 meeting, the overwhelming majority advised that Concept A is preferable over Concept B. The reasons provided were that Concept A provides an opportunity for a separate dedicated entrance and does not require the use of an elevator to access the space. As a reminder, Concept A does show a separate dedicated entrance, but not one that will be manned with reception staff. Therefore, operation and security procedures will need to be developed to make sure that the building remains safe while open. This could result in limited use of the separate dedicated entrance other than at specific days/times or for specific programs. 4. In addition to the input pertinent to concept suggestion, the Town heard other comments pertinent to user experience, arrival/drop-off facilities, emergency egress/points of refuge, and facility movement particularly between floors that will be helpful as the Town moves a concept forward through schematic design and ultimately construction plan phases. Town management and staff continue to recommend the Town Board approve Concept B. The primary reason for the recommendation is that the professional opinion of Town staff, as well as the architects and consultants with extensive experience designing over 50 similar facilities, is that Concept B will provide an overall better user experience. While there would likely be an adjustment period for Active Adults to get used to using an elevator to access the Active Adult/Senior Center wing of the building on the second floor, the access would be ADA compliant and provide for a more private space for active adult programming with direct access to the elevated walking track, which was listed as a high priority amenity by the active adult population that was engaged during the public engagement process. It is not uncommon for senior oriented amenities to be located off of the ground floor in recreational facilities, and it is very common for elevator transportation to be required within other facilities geared towards seniors (medical offices for example). Management and designers believe over time, Concept A will be more challenging from a noise and complaint perspective. Selection of a preferred concept will allow for project design to proceed on schedule and will allow for preliminary design and renderings to proceed in advance of the November 2 bond referendum. The Town Board has scheduled a referendum for Parks and Recreation bonds in the amount of $18.5 million on the November 2, 2021, ballot. Voter support will be required to fund final design/construction drawings and construction of the facility. If the bond referendum is successful, Town management would anticipate authorizing a contract amendment to proceed with construction drawings in December 2021 and bid for construction in June 2022. The total construction cost of the facility is anticipated to be $25 million. If the bond referendum is successful, the Town will finance construction of the facility, and the debt service and operating cost of the facility are anticipated to require up to a 4.5 cent adjustment to the tax rate. Town management and staff will work to mitigate the impact on the tax rate through tax base growth, leveraging grants and other funding sources, and competitive bid prices. Discussion – Mayor Pro-Tem Massengill stated that this is an exciting time to be at this point in the process of going forward on a Community Center North/Active Adult Center. This project has taken at least 8 years to get to this point. There has been a lot of involvement with advisory boards, surveys of citizens, professional designers, social media, and hundreds of individuals that participated. Commissioner Harris stated that what he is hearing tonight is confusion about the initial process and input. He asked for clarification on the initial stakeholder input, and if the Active Adult Task Force participated in the initial meeting. Assistant Town Manager Matthews explained the consultant selection process and the community engagement efforts. He shared that the Fuquay-Varina active adult task force was contacted about helping to get the word out about participating in the community engagement process, which they did. Assistant Town Manager Matthews further explained that following the community stakeholder engagement process that identified wishes and interests of the community in terms of space and programmatic priorities, the design team worked to develop a concept that best reflected the input from the community. In response to Commissioner Harris’s question, Town Manager Mitchell stated that there was an opportunity for the public to give input to the design team prior to the development of Concept A or B. This was the stage in the process where the design team wanted input and feedback from the members of the community. Town Manager Mitchell noted that both Concept A and B are larger than what the Town initially anticipated because of input from the community. Town Manager Mitchell advised that the Fuquay-Varina Active Adult Task Force were not excluded from any opportunity to participate but that they were also not exclusively invited to provide input. Town Manager Mitchell emphasized that community input was sought from the entire community. Commissioner Smith stated that the Town recognizes the need for the Community Center North/Senior Center. He asked if in the future would the Town have an Active Adult Director. Town Manager Mitchell stated that we have someone now that works to coordinate active adult activities and that additional staff are planned for in the Town’s adopted 5-Year Plan. Commissioner Smith stated that there are a lot of multi-generation spaces, gymnasium, exercise room in the plan and with an Active Adult Director they could work with other staff to utilize some of that space for the active adults. He stated that there are parts of Concept A and Concept B that he likes but the Town Board needs to decide what they can offer within the confines of the budget. Commissioner Wunsch stated that the Town has conducted an extensive process and ideally he would like to see a standalone active adult center, but it is cost prohibitive. The question becomes do we do nothing and build more space for our youth because at some point we might have to start turning the youth away due not being able to accommodate them. He stated that it might not be ideal with all the amenities or the space that everyone would like to have, but it could serve our community today. He stated that he can see Commissioner Smith’s point in that he likes some things in Concept A and some things in Concept B, but if the Town Board passed it tonight it still must be passed by the citizens on the bond referendum. He stated that as a Town Board member you try to do as much as you can for your Town, and you try to meet the needs of your Town, but at the end of the day you have to be mindful of cost. He then thanked management, the Parks and Recreation Advisory Board and everyone with the Fuquay-Varina Active Adult Task Force for their help in the process. Commissioner Gardner thanked the Town staff and the Active Adult Task Force for taking the time to meet after our last Town Board meeting. She stated that the Task Force has been diligent and has volunteered countless hours and she believes that the advocacy that this group has exhibited almost over a decade is the reason that we are having this discussion tonight. She stated that you cannot always have everything and there is not an unlimited source of money so compromises are needed. She also stated that some of the feedback from the meeting with the Active Adult Task Force was to do nothing if the Town could not build a standalone Senior Center, and she would like to see the Town do what can be done to provide space for seniors now, sooner than later. She stated that she likes Concept B that shares personnel resources in the reception area. Commissioner Gardner also recommended that there be senior representation on the Parks & Recreation Advisory Board, and if there are two open seats, those appointments should be made sooner than later. She stated that as the Town Board starts discussion about a new project to refurbish the South Park Community Center that the Town Board should consider ways to accommodate seniors there as well. Recommendation - Select Concept B as the preferred schematic design concept as presented and recommended. MOTION: Commissioner Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) PUBLIC HEARINGS 7A There were no public hearings scheduled for the August 17, 2021, Town Board meeting. CONSENT AGENDA 8A Budget Amendment - Roll Forward FY 2021 Commitments - BA-22-08 Purpose – To approve a budget amendment to re-appropriate prior year previously obligated funds and projects that were not received or completed before the fiscal year end. Recommendation – Approve Budget Amendment BA-22-08 as presented and recommended. 8B Budget Amendment - Recognizing Insurance Proceeds - Parks, Recreation and Cultural Resources Department - HNTPP Park Signage - BA-22-06 - $2,910 Purpose –To consider a budget amendment that recognizes insurance proceeds for replacement of a park sign. Recommendation – Approve Budget Amendment BA-22-06 as presented and recommended. 8C Special Event Permit, Temporary Road Closure Request, and Amplified Sound Permit Request - Fuquay-Varina Chamber of Commerce - Run the Quay - September 18, 2021 Purpose – To consider a special event permit, temporary street closure request, and amplified sound permit for Fuquay-Varina Chamber of Commerce's 2021 Run the Quay Event scheduled for Saturday September 18, 2021 Recommendation – Approve a special event permit, temporary street closure request, and amplified sound permit for Fuquay-Varina Chamber of Commerce's 2021 Run the Quay Event scheduled for Saturday September 18, 2021, as presented, and recommended. A motion was made to approve all items (8A – 8C) on the Consent Agenda. MOTION Commissioner Wunsch SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Contract Award, Budget Amendment, and Project Ordinance Amendments - 2020-2021 Waterline Projects - $2,380,990.00 Purpose – To consider award of a construction contract in the amount of $2,380,990 to North State Water and Sewer, Inc. for the 2020-2021 Waterline Project along with corresponding Budget Amendment (BA-22-07) and project ordinance amendments. 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. On June 24, 2021, the Town opened bids for the 2020-2021 Waterline Project. This project will install new water lines on Hilltop Needmore Road, Hilltop Road, Kennebec Road, and John Adams Road. Seven (7) general contractors submitted bids and the certified bid tabulation is attached. North State Water and Sewer Inc. is the apparent low bidder with a total base bid amount of $2,349,490.00 The average of the four base bids was $3,607,249.57. Upon detailed review, North State Water and Sewer bid was determined to be in order and in accordance with the requirements of the Instructions to Bidders. Additionally, North State Water and Sewer references have been checked and all recommendations have been positive. Upon consultation with the Town's project consultant Hazen and Sawyer, staff and management recommend that the Town proceed with the award to the low bidder, North State Water and Sewer Inc. in the amount of $2,380,990.00. Funding for the recommended project comes from the existing Project Ordinances for the Hilltop Needmore Water Line, John Adams Water Line, Hilltop Water Line, and Kennebec Water Line. A budget amendment (BA-21-07) is requested to appropriate and transfer $312,669.00 from Enterprise Fund - Fund Balance Appropriation to the Project Ordinances to fully fund this portion of the project. The recommended transfer amounts exceed the bid amounts to provide funding for unforeseen project-related circumstances and completion of easement acquisition. Following consideration of this agenda item, the Town Board will be asked to consider entering into an Interlocal Agreement for Infrastructure with the Wake County Board of Education. If approved, this agreement will authorize a cost-share of the expense to build the Hilltop Needmore Road Waterline Project. The total cost to build the Hilltop Needmore Road waterline is $1,342,567.00. Per this agreement, 72% ($1,041,921.60) of the cost will be the responsibility of the Town, with Wake County Board of Education funding remaining 28% ($301,645.40) of the project cost. In May 2019, the Town and Wake County Board of Education entered into an Interlocal Agreement for programming and planning school and Town facilities on land located on the former Crooked Creek Golf Course, now the Town's Hilltop Needmore Park and Preserve. In a collaborative effort to efficiently advance the construction of the public school and Town Park uses, the Town Board will be asked to consider approving an agreement between the Town and Board of Education to provide municipal water service to each entity's respected developments consisting of a new elementary school for the Board of Education in concert with an adjacent Town Park development that is planned to include a community center and active adult center. Discussion - Mayor Pro-Tem Massengill stated that this project is another great infrastructure project that will allow water lines to be expanded. Recommendation – Approve the 2020-2021 Waterline Project Budget Amendment (BA-21-07), and Project Ordinance Amendments for the Hilltop Needmore Water Line Project Ordinance (POA-21-01), John Adams Water Line Project Ordinance (POA-21-02), Hilltop Water Line Project Ordinance (POA-21-03), Kennebec Water Line Project Ordinance (POA-21-04), and Contract Award to North State Water and Sewer, Inc. to undertake the 2020-2021 Waterline Project in the amount of $2,380,990, as presented and recommended subject to Town Attorney review as to form. MOTION: Commissioner Gardner Ordinance No. N-21-20 SECOND: Commissioner Harris Ordinance No. N-21-21 MOTION RESULTS: Passed Unanimously (5-0) Ordinance No. N-21-22 Ordinance No. N-21-23 10B Interlocal Agreement for Infrastructure Provision - Wake County Public School System (E-44) - $301,645 Purpose – To consider an Interlocal Agreement with the Wake County Public School System pertaining to provision of water infrastructure to future elementary school site E-44. 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. Over the past 15 months, the Town has engaged in a collaborative master planning process with Wake County Board of Education as envisioned in the active interlocal agreement for future development of the site. This process is designed to develop a complementary school campus, future Community Center/Active Adult Center site, and park layout that promote complementary usage, efficiency and cost savings in construction and infrastructure provision, and a long-term maintenance plan in the mutual interest of Town and Board of Education programs while being good stewards of the public dollar. One item that emerged in this process was the provision of public water to the E-44 site, which is the location of future Hilltop Needmore Road Elementary School. In order to provide public water to the school site, the school project would need to extend utilities along Hilltop Needmore Road from the current closest Town water line at Lake Wheeler Road to the front of the site. The Town has identified extension of utilities in this area as a high priority to serve future development and improve system flow. For this reason, Town staff acquired necessary easements and discussed a reimbursement agreement arrangement with the school project team and included the school water line extension in the construction plans for a project scope of work for Town water line extension that were recently bid and are recommended for award on the August 17, 2021, agenda. Under the proposed arrangement, the Wake County Board of Education acknowledges the Town's contribution in the form of design and easement acquisition for the water line and agrees to reimburse the Town for the school's proportionate share of the overall length of water line extension along Hilltop Needmore Road associated with this project. This amounts to 28% of the Hilltop Needmore Road water line bid construction cost, which is $301,645. Town management and staff recommend approval of the proposed Interlocal Agreement for Infrastructure Provision. The Town has been able to obtain favorable bids attributable to the larger scope of work, and the school project will benefit from lower unit costs and this project being advanced by the Town. Additionally, the Town will be able to leverage the Board of Education's investment to continue important public utility investments in the immediate vicinity. Moreover, Town Management wishes to acknowledge and express appreciation for the Wake County Public School System's continued partnership as both entities work collaboratively in the best interest of our shared public. Under this agreement, the Wake County Board of Education will reimburse the Town for 28% of the actual construction costs of the Hilltop Needmore Road water line, which per bids received amounts to $301,645.40. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve an Interlocal Agreement for Infrastructure Provision with the Wake County Board of Education as presented and recommended, subject to Town Attorney review as to form. MOTION: Commissioner Harris SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) 10C Parking Use Agreement - Wake County Board of Education - Council Gymnasium Parking Area Purpose – To consider a parking use agreement for Town use of the Wake County Board of Education owned parking lot located adjacent to Council Gymnasium. 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 Town has a long history of collaborative partnerships and shared use opportunities with the Wake County Public School System (WCPSS). In past years, the community and schools have benefited from the close proximity of Falcon Park and other Town parks to Fuquay-Varina Middle School. While the Town acquired and restored Council Gymnasium for Town athletics and recreation programs in past years, the adjacent parking lot has remained school property through the years as it is required to meet the daily parking needs of Fuquay-Varina Middle School faculty and staff. In 2020, the Town evaluated a number of underutilized park lease properties to identify opportunities for greater efficiency in park maintenance expenses as the Town's park inventory grows. As a result of this review, the Town terminated the joint use agreement for the Fuquay- Varina Middle School field as the property was no longer used by Town youth sports programs or the general public. During the termination process, Town and School System Real Estate staff identified that while there was no joint use agreement in place for the parking area adjacent to Council Gymnasium, it would be beneficial to the Town and Wake County Board of Education to formalize a parking use agreement for after hours and evening use of the parking area for participants in Town youth sports programs. Under the agreement, the school system will maintain the parking areas and the Town will maintain landscaping areas. While the agreement carries a 10-year term, both the Town and School System anticipate the need to revisit responsibilities under the agreement and future capital improvements once the Board of Education considers future educational uses at the Fuquay-Varina Middle School campus following the planned relocation of Fuquay-Varina Middle School to the Bowling Road site in 2024. This programmatic and capital planning will establish the future parking needs or other facility needs of WCPSS with respect to this property, and both Board of Education and Town will collaboratively explore opportunities for its continued shared use and cost share for major replacement/repairs under the parameters established under this agreement. Town management recommends approval of this agreement, which provides for use of this conveniently located parking lot for participants in Town programs, and the terms of the agreement are reasonable and of mutual benefit to the Town and Wake County Board of Education. The Park Maintenance Staff within the Parks, Recreation, and Cultural Resources Department Budget are able to assume additional mowing/landscaping responsibilities in the areas identified while performing routine landscaping and grounds maintenance at Falcon Park and Council Gymnasium without additional funding. The addition of this property to the Town's NCLM Interlocal Risk Management portfolio is not anticipated to be a significant expense, and is justified given the needs of Parks, Recreation, and Cultural Resources programs. Discussion – Mayor Pro-Tem Massengill stated that Wake County has not been maintaining the property to the standard the Town does and now the Town will be maintaining it. The agreement will also ensure citizens a place to park for the next 10 years since the Town owns Council Gymnasium. Recommendation – Approve a parking use agreement with the Wake County Board of Education as presented and recommended, subject to Town Attorney Review as to form. MOTION: Commissioner Wunsch SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) 10D COVID-19 Employee Vaccination Incentive Purpose – To consider authorizing the Town Manager to offer a leave and cash bonus benefit for employees that are fully vaccinated against COVID-19. 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. Since the Novel Coronavirus first appeared in Fuquay-Varina in March 2020, the Town has worked closely with County, State, and Federal public health partners to follow the Town's COVID-19 Pandemic Mitigation and Recovery Plan to mitigate risks to the continued delivery of Town government services, while assisting Wake County in protecting the economic and physical health of the Town and its residents and visitors. While the Town has largely been successful in continuing to deliver core Town services even as pandemic has impacted the community and our workforce, and the Town and community saw a sharp decline in the number of cases in the late Spring/early Summer, cases have dramatically increased in recent weeks as the Delta variant emerged as the predominant strain COVID-19 in North Carolina and the United States. Wake County Public Health has identified a disturbing trend in the rapid increase of COVID-19 cases in Wake County. On July 1, Wake County had 36 positive cases. Over the last week Wake County has exceeded 550 cases on multiple days. The Delta variant is 2.5 times more contagious than earlier strains of the virus, and this is driving this spike in cases. In addition to the number of cases, positivity rates, hospitalizations, and ICU bed utilization are all trending in the wrong direction. The key to slowing this surge in COVID-19 cases and protecting the health of the community is getting more people vaccinated, and that includes our employees. As a service-driven organization, our employees are the greatest asset. The data is clear that the COVID-19 vaccine is safe and effective at reducing the rate of infection and dramatically reducing the rate of serious illness, hospitalization, or death from COVID-19. In addition to keeping employees healthy, on the job, and able to continue delivering core municipal services with lower risk of exposing coworkers or customers, vaccinations are likely to reduce costly health claims which would drive premium increases in future years. For all of these reasons many Town peers have implemented or are in the process of implementing a COVID-19 vaccine incentive policy. Wake County Government announced on August 11, 2021, that they would provide two days of bonus leave and a $250 bonus for employees that are already fully vaccinated or get fully vaccinated in the next month. In addition, temporary and part time staff are eligible for the cash bonus but not the leave benefit. Other municipalities have implemented or are in the process of implementing incentives ranging from 2-5 days leave and from $250-$1,000 cash incentive. In light of the dramatic rise of COVID-19 cases associated with the Delta variant, Town management is concerned that without significant improvement in our vaccination rate over the next 4-6 weeks, the Town's ability to continue providing core services without impact to service levels could be compromised. For this reason, the Town Manager is seeking authorization to implement a vaccine incentive program for employees that provide proof of full vaccination to Human Resources by September 30, 2021, as follows: 1) Regular full-time employees will receive 16 hours of bonus paid time off and a $250 (gross) cash bonus 2) Temporary, part time, or seasonal staff that are actively working (i.e., logging hours on payroll) in this time frame will receive the $250 (gross) cash bonus. The proposed 16 hours of bonus leave is not anticipated to have a significant direct financial impact. Employees will be expected to schedule bonus leave with the prior approval of their supervisor, similar to vacation time. This is intended to mitigate the impact on minimum staffing levels that could otherwise impact overtime. The cost of the $250 cash bonus would be $82,000 if all full and part time/temporary employees participated in the program. If approved, a budget amendment will be included on the September 7, 2021, Town Board Agenda identifying the appropriate funding source. Town management and staff are seeking further guidance as to the eligibility of this expense for use of American Rescue Plan funds. Discussion – Mayor Pro-Tem Massengill stated that he is not a fan of mandating vaccinations for our staff, so this is a good way to encourage them. He stated that it would be detrimental to have an entire department get COVID and not be able to continue to provide high levels of service to our citizens. Recommendation – Authorize the Town Manager to implement an employee COVID-19 vaccination incentive program as presented and recommended. MOTION: Commissioner Wunsch SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Manager’s Report Mayor Pro-Tem Massengill asked Town Manager Mitchell to report on the efforts made since the last Town Board meeting to address the concerns expressed by Mr. David Jones at the previous meeting related to Adalyn Place Subdivision. Town Manager Mitchell thanked Mr. Jones for calling in this evening and recognizing the efforts that have been made in the last couple of weeks by staff to address the issues with home construction in Adalyn Place Subdivision. He reported that Engineering Director Matt Poling has gone out to the site and met with Mr. Jones, taken a tour of the subdivision and has a better understanding of the concerns. Assistant Town Manager Seymour also had direct conversations with Mr. Jones. In addition, other staff performed site inspections and documentation of violations. The following were the issues that were found: • Erosion control noncompliance • Stormwater non-compliance (civil citation issued) • Unkept conditions of job sites • Working after hours and on Sunday Rich Johnson, Code Compliance Officer has also inspected the site on numerous occasions. Staff plans to keep a close watch on this issue. Town Manager Mitchell thanked Major Bob Adams, Code Compliance Officer Rich Johnson, and Engineering Director Matt Poling for dedicating a good amount of time over the last two weeks to address the concerns of the residents in the subdivision. Information Technology - The IT Department has completed the new phone system migration. The department continues to work on the City Works software implementation, which is a new work order management system that the departments hope to have completed in the near future. Public Works Department – The Public Works Department will receive the new garbage truck this Wednesday. The new street sweeper has also been ordered. The Sanitation Department hired Xavier Hi as a Sanitation Collector, also Skylar Powell was hired as a Street Maintenance Worker. Arts Center – The Arts Center Theater shows will resume with the End of Summer Dance Showcase on August 27th featuring the Gerald Parker Jazz Orchestra on August 28th. The Town continues to monitor COVID-19 and the delta variant. The Arts Center has also filled several part-time positions to provide front desk theater and custodial support. Finance Department – The Finance Department has hired Morgan Thomas as a new customer service representative, and continues to work on the year end audit. Parks, Recreation, and Cultural Resources Department - The Parks and Recreation Department is working on fall sports preparation and sports evaluations are underway. The Department is planning for fall events like Celebrate Fuquay-Varina and FM2FV concerts. The James A. Campbell Park restroom facility is nearing completion and a ribbon cutting ceremony will be scheduled. Planning Department: The Planning Department has hired Melissa Sigmund as the Assistant Planning Director. Inspection Department - The Inspections Department has 89 single family permits issued at the time of this report. Additionally, Town Manager Mitchell reported that the 2020 Census results were announced last week and the data as of April 1, 2020, shows the Town’s population was counted at 34,152 which makes the Town of Fuquay-Varina the 29th largest city in the state of North Carolina. Through July 2021 the population is estimated to have increased to 38,455 when factoring certificates of occupancy that have been issued by the Town since April 2020. Based on the estimated population and the Town’s 10-year growth rate, Fuquay-Varina is likely the 27th largest city in North Carolina. 11B Fuquay-Varina Police Department - Cover a Cruiser Special Olympics Fundraiser - Kohl's - Saturday August 21, 2021 - 10:00 am -2:00 pm 11C Dancing with the Big Band - Gerald Parker's Orchestra - Fuquay-Varina Arts Center - August 28, 2021 - 6:30 pm 11D FM2FV Concert - Jim Quick & Coastline Band - Thursday September 9, 2021 - 6:30 pm - 9:30 pm - Centennial Park 11E 9/11 National Day of Remembrance - Saturday, September 11, 2021 - 8:30 am - 10:00 am - Fuquay-Varina Arts Center 11F Zoning Map Amendment - The Curry Engineering Group, PLLC - 1601 N Main Street - PIN 0677025023 - REZ-2021-05 - FIRST READING - (Mitchell/Seymour/Davison) BOARD MEMBER COMMENTS Commissioner Smith thanked the Fuquay-Varina Police Department for the National Night Out event. He recalled that back in 2006 when he was Police Chief that he, Commissioner Harris and the Town Manager stood in 100-degree heat and cooked hot dogs for one of the first National Night Out Events. He commended the Police Department for hosting a great event this year. Commissioner Harris stated that he had attended the National Night Out event and he stated that he gets excited when there are opportunities where the citizens and law enforcement can come together in a positive interactive way. Commissioner Wunsch stated that he agrees with the comments that have already been made regarding the National Night Out event. He stated that it was a fantastic event, and it is good to have the Police Department engage with the public. He also congratulated Police Chief Fahnestock for receiving a Legacy Award for her 30 years of service in law enforcement. Commissioner Gardner stated that she is excited with the progress that has been made with the Community Center North/Active Adult Center and now putting it before the citizens with a bond referendum. Mayor Byrne was absent. Mayor Pro-Tem Massengill stated that the Police Department did a great job on the National Night Out event and that it was well attended. He also stated that he had attended The Q Raising the Roof Ceremony. At the event, people were asked to sign their names to the structural steel so that when it is renovated, they will see the all the names on the steel beams. He stated that The Q is projected to have their first resident move in by January 2022 and then a restaurant would open shortly after. Mayor Pro-Tem Massengill then proposed a discussion on naming the current Town Hall facility located at 134 N. Main Street, the “John W. Byrne Municipal Building” and recognize this name change at a future meeting to honor Mayor Byrne as town mayor for 20 consecutive years. Mayor Pro-Tem Massengill then reviewed many notable accomplishments that came to fruition under the leadership of Mayor Byrne. Mayor Byrne was elected in 2001 and has served 10 consecutive terms, which is the most consecutive terms than any other elected official in the Town’s history. He stated that he feels that there is no better way to honor the legacy of Mayor Byrne upon his retirement. Commissioner Smith stated that he has seen this done in other towns and he concurred with Mayor Pro- Tem Massengill that it would probably be a great honor and good idea to honor the Mayor as recommended. Commissioner Wunsch stated Mayor Byrne has been in the forefront advocating for Fuquay-Varina to get grants and financial assistance so that the financial burden for certain projects would not be on the taxpayers. He stated that Mayor Byrne has given his heart and soul to the Town, and he concurs with Commissioner Smith and the recommendation of Mayor Pro-Tem Massengill. Commissioner Gardner stated that she had been thinking about how to honor 20 years of service for the Mayor. She stated that she has not figured it out yet, but she thinks that this would be an appropriate way. Commissioner Harris stated he was just presented with this proposal and that he is not ready to make a decision. He stated that he would like to receive input from the community on this issue in regard to their opinion about the naming of a public building. He stated that it does not take away from Mayor Byrne’s dedication and commitment to the Town and what has been done. Commissioner Harris stated that we have the tool “Let’s Talk FV” to put the question out to the public. Mayor Pro-Tem Massengill asked if Commissioner Harris thinks a survey or survey questions “yes or no” should be done and go with the majority response on the survey. Commissioner Harris stated that he thinks that if the survey comes out positive then Mayor Byrne would feel even better about the fact of what he has done historically over the last several years being affirmed by the entire community and not just by the Town Board. Mayor Pro-Tem Massengill ask Commissioner Harris in the past what type of process has been done to name building and parks. Commissioner Harris stated that he could not remember specific details of how they have been done in the past. He stated that for the Jeff Well’s trail that it was brought to the Board. He stated that when it is a capital building; something long standing that it is a good opportunity to have it brought to the public. Commissioner Gardner asked if the Town Board really wants a yes or no vote for this from the citizens. She thinks the survey would be like a popularity vote. She stated that she likes the idea of public input but not putting it to a vote. Mayor Pro-Tem Massengill asked the Town Attorney what the protocol would be or what would be required. Town Attorney James Adcock stated that it does not require a public hearing and would just need to be a vote by the Town Board. Mayor Pro-Tem Massengill asked if the Town Board would like to vote on it tonight or put it on the agenda in two weeks. Commissioner Wunsch agreed with Commissioner Gardner that putting a question of renaming the Town Hall in recognition of Mayor Byrne on a survey will be like a popularity contest. Commissioner Gardner stated that the survey could ask citizens what an appropriate way would be to recognize the mayor’s 20 years of service. She stated that she would like to see a little more of a process before a decision is made. She likes the idea of using the survey but using it in a positive way. She stated that she is not ready to vote on this issue tonight. Commissioner Smith stated that the citizens have voted for 10 straight elections by overwhelming majority to return the Mayor Byrne to office over and over again. He stated that he thinks the citizens have spoken for a period of 20 years so he would be ready to take a vote tonight. Commissioner Wunsch stated that he could see both points and could vote tonight or in two weeks. He stated that if they were to wait two weeks, they could let the public know what they are going to be voting on and the public could contact the Commissioners. Commissioner Harris stated that in order to honor Mayor Byrne the Town Board does not need to make this a political issue. He stated that he is not in favor of voting one way or the other and that this needs to come from the community. He stated that most dedications for buildings or honoring legacy comes from the community or citizens at large not from elected officials. He stated that if we open it up to a vote of the Town Board it would be a disservice to Mayor Byrne. He also stated that if you are going to give someone something you give it to them based on public service over the years and let it come from the citizens and there are different citizen groups in the community that could take the lead on this. Mayor Pro-Tem Massengill stated that this came from comments made to him from members of the community and not from himself. Commissioner Wunsch ask management if there was a process that has been taken historically other than taking it to a vote of the Town Board. Town Manager Mitchell stated that the discussion lies and rest in the decision-making authority of the Town Board. He stated that in the past he does not know if all the requests came from public request but certainly some came from the Town Board's own interest and desire to recognize and acknowledge those individuals and the contributions they made to the community. He also stated that it comes down to what the elected body of the people feel like is the appropriate way to recognize a person who has dedicated 20 years of their life to the role of Mayor in this community. Commissioner Wunsch stated that he would not like to see a split vote on this issue given that this is an honor going to Mayor Byrne for 20 years of service. He stated that he does not think it would be good for this to be a split vote due to what message it would send to the community. Commissioner Wunsch further stated that he would encourage all board members to really consider this and for them not to have a split vote on something this important. Mayor Pro-Tem Massengill asked staff to put this on the agenda for the September 7, 2021, Town Board meeting and the Town Board concurred. ADJOURNMENT A motion was made to adjourn the meeting at 9:40 p.m. MOTION: Commissioner Smith SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) The minutes from the August 17, 2021, Town Board of Commissioners regularly scheduled meeting are adopted this 7th day of September 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

Agenda

Board Meeting Agenda Tuesday, August 17, 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 Minutes - August 2, 2021 Town Board of Commissioners Regular Scheduled Meeting. 4. Presentations 4.A Recognition - 2021 NC State High School Athletic Association 4A State Champions - Fuquay-Varina High School Baseball Team - (Massengill) 4.B Presentation - 2018 State Championship Coaches - (Massengill) 5. Public Comment The public is invited to address the Town Board. 6. Items Tabled From Previous Meeting 6.A Community Center North/Active Adult Center - Conceptual Design Selection - (Mitchell/Matthews/Cox) 7. Public Hearing 8. Consent Agenda 8.A Budget Amendment - Roll Forward FY 2021 Commitments - BA-22-08 - (Mitchell/Matthews/Crabtree) 8.B Budget Amendment - Recognizing Insurance Proceeds - Parks, Recreation and Cultural Resources Department - HNTPP Park Signage - BA-22-06 - $2,910 - FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA AUGUST 17, 2021 PAGE 2 (Mitchell/Matthews/Cox/Crabtree) 8.C Special Event Permit, Temporary Road Closure Request, and Amplified Sound Permit Request - Fuquay-Varina Chamber of Commerce - Run the Quay - September 18, 2021 - (Mitchell/Seymour/Davison) 9. Items Removed From Consent This section is reserved for items removed from the consent agenda for separate consideration. 10. Administrative Reports 10.A Contract Award, Budget Amendment, and Project Ordinance Amendments - 2020-2021 Waterline Projects - $2,380,990.00 - (Mitchell/Seymour/Matthews/Crabtree) 10.B Interlocal Agreement for Infrastructure Provision - Wake County Public School System (E-44) - $301,645 - (Mitchell/Matthews/Seymour) 10.C Parking Use Agreement - Wake County Board of Education - Council Gymnasium Parking Area - (Mitchell/Matthews/Cox) 10.D COVID-19 Employee Vaccination Incentive - (Mitchell/Matthews/Moody) 11. Other Business 11.A Manager's Report 11.B Fuquay-Varina Police Department - Cover a Cruiser Special Olympics Fundraiser - Kohl's - Saturday August 21, 2021 - 10:00 am -2:00 pm 11.C Dancing with the Big Band - Gerald Parker's Orchestra - Fuquay-Varina Arts Center - August 28, 2021 - 6:30 pm 11.D FM2FV Concert - Jim Quick & Coastline Band - Centennial Park -Thursday September 9, 2021 - 6:30 pm - 9:30 pm 11.E 9/11 National Day of Remembrance - Fuquay-Varina Arts Center - Saturday September 11, 2021 - 8:30 am - 10:00 am 11.F Zoning Map Amendment - The Curry Engineering Group, PLLC - 1601 N Main Street - PIN 0677025023 - REZ-2021-05 - FIRST READING - (Mitchell/Seymour/Davison) 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 2 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA AUGUST 17, 2021 PAGE 3 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. 3

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