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Board of Commissioners

Regular Meeting

Fuquay-Varina, NC · September 7, 2021

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Minutes

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting September 7, 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, September 7, 2021, Adam G. Mitchell, Town Manager Mark D. Matthews, Assistant Town Manager at 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. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour (virtually present), Information Technology Director Scott Clark, Town Clerk Rose Rich, and Town Attorney James Adcock. CALL TO ORDER Mayor Byrne called the meeting to order at 7:01 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 17, 2021, minutes of the Town Board of Commissioners regularly scheduled meeting. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Introduction – Economic Development Director – Tiffany McNeill Town Manager Mitchell introduced Tiffany McNeill who was recently hired to serve as the Economic Development Director for the Town of Fuquay-Varina. He stated that she previously worked at Duke Energy as the Senior Workforce Development Consultant, and prior she held various Economic Development leadership roles in a number of organizations including the City of Raleigh. She received her master’s degree in public administration from North Carolina Central University, and she is a Certified Economic Developer through the International Economic Development Council. Economic Development Director McNeill thanked management and the Town Board for the opportunity to serve the Town of Fuquay-Varina and expressed her excitement to help drive economic development in the Town. 4B Recognition and Appreciation – F-V Exchange Club - Town Hall Freedom Shrine Mayor Byrne recognized the Fuquay-Varina Exchange Club for their generous donation of the Freedom Shrine display that was recently placed at Town Hall. He thanked the Club for a wonderful job of setting up the display along the hallway on the first floor. He stated that he remembers when the Freedom Trail Shrine was given to the Fuquay-Varina High School some 50 years ago, and that this will be a great learning tool for all of our citizens both young and old. Town Manager Mitchell introduced Barbara Marchioni, Laura Lund, Jean Hackney and Don Garfield with the Fuquay-Varina Exchange Club that worked on this project. He stated that Freedom Shrine is an impressive display of a collection of historic document replicas that serve to remind all of us of the great efforts that have been taken to ensure our freedoms. He stated that some examples of the documents displayed are: the Declaration of Independence, the US Constitution, The Emancipation Proclamation, the Gettysburg Address, the Martin Luther King Jr. “I Have a Dream” speech and the John F. Kennedy “Asked Not” speech. He again thanked the Fuquay-Varina Exchange Club for the fantastic donation. Mayor Byrne asked Barbara Marchioni the cost of this donation. She stated that it was around $2,500.00. Mayor Byrne then recognized the Fuquay-Varina Exchange Clubs as being one of the oldest civic clubs in Fuquay-Varina. Barbara Marchioni thanked the Town Board for allowing them to install the Freedom Shrine here at Town Hall. She stated that the first one was installed at Fuquay-Varina High School but over the years and with recent renovations, the shrine is no longer there. She stated that this is currently the only one in Fuquay-Varina. Laura Lund stated that the Exchange Club represents four different areas, but their national project is the prevention of child abuse. Mayor Byrne stated they are proud to have the exhibit here at Town Hall as well as many artwork and pictures that showcase our community. PUBLIC COMMENTS 5A Cindy Sheldon, 2128 Vecchio Lane, Apex, NC, spoke in regard to the naming of Town Hall as the “John W. Byrne Municipal Building”. Mrs. Sheldon began serving the Town of Fuquay- Varina in 1999 with 6 years on the Planning Board and then she served 8 years as Commissioner on the Town Board. She stated that she has learned many things from Mayor Byrne and applauded his many accomplishments during his 20-year service to the Town. She urged the Town Board to vote in favor of bestowing the naming of Town Hall at tonight’s meeting and not to wait on this dedication. Charlie Adcock, 114 E. Spring Street, Fuquay-Varina, NC, also spoke regarding the naming of Town Hall to the “John W. Byrne Municipal Building”. He stated that he had the pleasure of serving as Town Commissioner for 11 years and during that time there were many different locations and parks areas in Town that were named by the Town Board to honor individuals. He stated that Mayor Byrne is one of the biggest advocates for Fuquay-Varina especially in the downtown areas, and he urged the Town Board to vote yes tonight to name the Town Hall the “John W. Byrne Municipal Building”. Jovita Simmons, 223 Northwest Street, Fuquay-Varina, NC, stated that she is asking again for a Cultural Assessment of the municipal government to be done by an independent party and the results be shared publicly. She would like to have the Town Board speak publicly about this issue. She stated that she has received many phone calls, emails, and one-on-one comments from people in support of having a Cultural Assessment done. Alexander Lamont, 444 Leland Cypress Lane, Fuquay-Varina, NC, spoke regarding the traffic light at the Community Center. He stated that coming from the Post Office area during rush hour that he can sit and watch the traffic light change at least three times waiting to make a left at the light on S. Main Street (Hwy 401). He would like to request to have a left turn light at the intersection instead of a right turn light. Town Manager Mitchell stated the Town has been awarded a grant through CAMPO to help pay for the reconfiguration/signalization of the intersection. He stated that the funds have been slow in being released to local entities due to COVID-19, but as soon as the Town receives the funds, the Town will proceed with the project. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the September 7, 2021, Town Board meeting. PUBLIC HEARINGS 7A Zoning Map Amendment - The Curry Engineering Group, PLLC - 1601 N Main Street - PIN 0677025023 - REZ-2021-05 Purpose – To consider a requested zoning map amendment for a total of 1.44 acres, located at 1601 N Main Street, from the Residential Agricultural (RA) Zoning District to the Corridor Commercial Conditional Zoning District (CC-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 1.44 acres and is currently in the Town's corporate limits. The property is vacant and generally cleared with some trees and brush. The zoning map amendment petition requests approval of the Corridor Commercial Conditional Zoning District (CC-CZD). This zoning district is intended to accommodate medium-scale intensity nonresidential development of a mix of convenience services, retail, office, and limited institutional uses. The petitioner is requesting only the following uses be permitted at the subject property: 1. Automotive Express Service The petitioner is requesting the following conditions be applicable to the site-specific standards: 1. Provide a 30' Type A perimeter buffer adjacent to 1403 Wilbur Jones Road comprised of entirely evergreen plant material. 2. Roll-up service doors for the garage will be prohibited on the western facade of the proposed building. Surrounding properties are generally a mix of commercial and residential uses with some forested area. The Brennan Way subdivision lies to the north across the Norfolk Southern Railroad and a single-family home is immediately adjacent to the northwestern property line. To the east, southwest, and west of the property are commercial uses ranging from automotive related businesses, restaurants, and personal care uses. Directly east of the property is the recently completed UNC Healthcare Flagship Medical building. 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 supports small-scale, commercial centers that provide 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 requested zoning map amendment is consistent with the 2035 Community Vision Land Use Plan. Public water and sewer are available to serve the subject property. The subject property is located at the corner of N Main Street (US HWY 401) and Wilbur Jones Road. N Main Street (US HWY 401) is classified by the Town's 2035 Community Transportation Plan as a 120-foot right-of-way and is identified as being a four (4)-lane, median divided cross section with side paths, and a future carrying capacity of 36,600 ADT. It is currently a four (4)-lane road with center turn lane with a carrying capacity of 27,600 ADT. 2019 NCDOT traffic counts taken approximately 200 feet to the east of the property on N Main Street (US 401) indicated a volume of 32,500 ADT. Wilbur Jones Road is classified by the Town's 2035 Community Transportation Plan as a 70-foot right-of-way and is identified as being a two (2)-lane cross section with sidewalks, and a future carrying capacity of 9,500 ADT. It is currently a two (2)-lane road with a carrying capacity of 9,200 ADT. 2019 NCDOT traffic counts taken approximately 0.6 miles to the east of the property on Johnson Pond Road, which Wilbur Jones Road eventually becomes, indicated a volume of 3,500 ADT. The petitioner held a neighborhood meeting on July 13, 2021, at Curry Engineering, 205 S Fuquay Avenue, Fuquay-Varina, and online via the Zoom web application. The meeting report was provided 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 August 16, 2021, regular meeting, the Planning Board unanimously voted to recommend approval with the added site-specific conditions volunteered at the Planning Board meeting by the petitioner. Since the Planning Board meeting, the petitioner submitted a revised application with the two conditions related to the site-specific standards added. Public Hearing – The public hearing was opened. Don Curry, of The Curry Engineering Group, 205 West Street, Fuquay-Varina, NC spoke in favor to the zoning map amendment. No one spoke in opposition to the zoning map amendment. The public hearing was closed. Discussion – Mayor Pro-Tem Massengill stated that zoning this commercial corridor with conditions and having an oil change facility makes sense along a busy highway even though he would have preferred to have seen a different proposed commercial use. Recommendation – Approve REZ-2021-05, a zoning map amendment at 1601 N Main Street, from the Residential Agricultural (RA) Zoning District to the Corridor Commercial Conditional Zoning District (CC-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 Wunsch MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8A Amendment to Owner-Engineer On-Call Agreement - Highfill Infrastructure Engineering, PC - Mills Branch & Middle Creek Pump Station Improvements - $185,000.00 Purpose – To consider an Amendment to an Owner-Engineer Agreement for the Mills Branch and Middle Creek Pump Station Improvements Project. Recommendation – Authorize the Town Manager to enter into an Amendment to Owner- Engineer Agreement, Amendment No. 4, for the Mills Branch and Middle Creek Pump Station Improvements Project as presented and recommended. 8B Amendment to Owner-Engineer On-Call Agreement - Freese and Nichols, Inc. - Water Modeling Services - $30,000.00 Purpose –To consider an Amendment to an Owner-Engineer On-Call Agreement for the water modeling of the Town's water supply distribution infrastructure. Recommendation – Authorize the Town Manager to enter into an Amendment to Owner- Engineer Agreement for additional services to be performed by Freese and Nichols, Inc. for the periodic modeling and evaluation of the Town's water supply distribution infrastructure as presented and recommended. 8C Amendment to Owner-Engineer On-Call Agreement - Freese and Nichols, Inc. - Lead and Copper Rule Revisions Compliance Plan - $42,000.00 Purpose – To consider an amendment to an Owner-Engineer Agreement for the Town's compliance efforts and reporting for the U.S. Environmental Protection Agency's Lead and Copper Rule Revisions. Recommendation – Authorize the Town Manager to enter into an amendment to Owner- Engineer Agreement for additional services to be performed by Freese and Nichols, Inc. pertaining to the Town's compliance with the US Environmental Protection Agency's Lead and Copper Rule Revisions as presented and recommended. 8D Recreation Unit Fee-In-Lieu - Atwater Station - SUB-PR-2020-11 Purpose – To consider acceptance of a fee-in-lieu for Recreation Unit Fees for the Atwater Station subdivision in the amount of $425,000.00. Recommendation – Approve the fee-in-lieu request for Atwater Station subdivision in the amount of $425,000.00 for Recreation Unit Fees as presented and recommended. 8E Surety/Letter of Credit - Hilltop Animal Hospital - Delay of Landscaping Installation Purpose –To consider a surety request for delay of landscaping installation for the Hilltop Animal Hospital in the amount of $22,750.00. Recommendation – Approve the underlying agreement and acceptance of a surety for Hilltop Animal Hospital in the amount of $22,750.00 as presented and recommended subject to Town Attorney review as to form. 8F Utility Agreement Allocation Request - Rutherford Subdivision, Phases 4-6 Purpose – To consider a Utility Agreement Allocation Request for The Rutherford Subdivision, Phases 4-6 for 24,300 gpd sewer and 29,160 gpd water. Recommendation – Approve the recommended Utility Agreement Allocation Request for The Rutherford Subdivision, Phases 4-6, as presented and recommended. 8G Utility Agreement Allocation Request - The Abberly Apartments at Royal Creek Purpose – To consider a Utility Agreement Allocation Request for The Abberly Apartments at Royal Creek for 38,625 gpd sewer and 46,350 gpd water. Recommendation – Approve the recommended Utility Agreement Allocation Request for The Abberly Apartments at Royal Creek, as presented and recommended. 8H Resolution and Adoption of 10-Year Public Utilities Capital Improvement Plan - NC Drinking Water State Revolving Fund Program Purpose –To consider adoption of a Resolution and the Town's 10-year Public Utilities Department Capital Improvement Plan in support of the Town's funding application to the NC Drinking Water State Revolving Fund Program. Recommendation – Adopt the Resolution in support of the Town's Fall 2021 funding application and adopt the recommended 10-Year Public Utilities Capital Improvement Plan for the NC Drinking Water State Revolving Fund Program to support the Town's Future Water Capacity Expansion Project. Resolution No. 21-1718 8I Budget Amendment - Shuttered Venue Operators Grant (SVOG) - $90,875 - (BA-22-09) Purpose – To consider approval of a budget amendment recognizing funds from the Shuttered Venue Operators Grant (SVOG) in the amount of $90,875 for the Arts Center. Recommendation – Approve Budget Amendment BA-22-09 as recommended and presented. A motion was made to approve all items (8A – 8I) on the Consent Agenda. MOTION Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch 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 Master Plan Approval, Interlocal Agreement Amendment, Joint Use Agreement, and Exchange of Property - Wake County Board of Education - Hilltop Needmore Road Elementary School (E- 44) Purpose – To consider approval of a master plan, exchange of property, and agreements with the Wake County Board of Education related to the collaborative development of a future elementary school and Town recreation facilities. 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 (BOE) as envisioned in the active interlocal agreement for future development of the site. This process is designed to develop a cohesive Hilltop Needmore Road Elementary School (E-44), Community Center North with an Active Adult Center, and park layout that promote complementary usage, efficiency and cost savings in construction and infrastructure, 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. Consistent with the active interlocal agreement, both entities master planned the site in good faith without respect to property boundaries, and in full anticipation that an exchange of property would be required to develop the Master Plan. The proposed Master Plan is jointly recommended by Town management and staff and the Wake County Public School System (WCPSS) staff and has been approved by the Wake County Board of Education. The Master Plan identifies the location of a future Town Community Center North with a dedicated Active Adult component; Town, school staff, bus, and visitor parking areas; school recreation areas; the location of a main driveway/car drop-off loop, a secondary driveway for the bus loop, a connection to Brushy Meadows drive to be gated during school hours, an emergency/fire access from Brushy Meadows Drive; a shared stormwater management pond; and provisions for continued public greenway and park areas that integrate the campus with the remainder of Hilltop Needmore Town Park and Preserve. In order to implement the master plan and facilitate development of the elementary school and future community center, an exchange of property is needed. Town Management and WCPSS staff have reached consensus on establishment of boundary lines that provide for the location of the main drive entrance, Community Center site, greenways and adjoining park areas, and the shared stormwater maintenance pond on Town property, while the bus drive, Brushy Meadows access points, and elementary school program areas, including school parking areas and play fields would be located on Board of Education property. This arrangement of property best aligns property ownership with the nature of use and sets clear expectations for the public and staff as to the responsible parties for maintenance and availability for public use. The Town is authorized to convey property to another governmental entity (such as the Wake County Board of Education) pursuant to NC General Statute §160A-274 on terms and conditions it deems wise, with or without compensation. Under the proposed recombination of property to align with the Master Plan, just over 0.5 acres is dedicated as public right of way and the Town's combination of parcels (including the balance of a J-shaped parcel outside the Master Plan area) will increase from 19.45 acres to +/- 24.86 acres and Wake County Board of Education property will decrease from 21.0 acres to 15.16 acres. While the acreage exchanged is not equivalent in acreage, both entities agree the property is equivalent in value when considering the respective planned development programs, easements, and shared infrastructure identified in the many agreements between both parties and the Master Plan. For this reason, management recommends adoption of the resolution authorizing the Town Manager and Town Attorney to execute the necessary instruments to exchange the identified portion of the property pursuant to NCGS §160A-274. Town Management and WCPSS staff are proposing an amendment to the 2019 Interlocal Agreement to better define the roles of responsibilities of the two parties in development of the Master Plan, while establishing the framework for installation of infrastructure. Under the proposed ILA Amendment, the Board of Education agrees to construct school parking lots, driveways, the parent queue loop, bus loop, emergency access, playgrounds, and multipurpose play areas depicted on the Master Plan as components of the standard education program. Additionally, to support school site design flexibility and maintain pedestrian access to the greenway amenities currently enjoyed on Town and Board properties, both staffs have agreed that Board of Education will relocate existing greenways upon Board and Town property at Board expense. Greenway relocations include removal of greenways expected to lie within construction areas, construction of temporary greenways to route ongoing public pedestrian use around active construction areas, and construction of new permanent greenways as depicted on the Master Plan. Under this framework, the Board of Education will maintain all temporary greenways until they are closed and removed, and the new permanent greenways will be dedicated and maintained by Town. Both entities recognize the greenways provide mutual benefits, and shared use and maintenance obligations are specified in the Joint Use Agreement, which is also proposed for consideration. Under the proposed ILA Amendment, the Board of Education is responsible for construction of a shared stormwater device as depicted on the master plan. The Town will be responsible for a proportionate share of cost based upon flow. The construction and maintenance of a shared stormwater pond is more economical and provides more efficient use of land and enhanced site flexibility. The design of this pond is intended to ensure it is aesthetically compatible with the park setting. Once the stormwater pond is constructed and dedicated to the Town, the device will be maintained by the Town with shared cost responsibilities as identified in the Joint Use Agreement. In addition to stormwater, the agreement generally provides a framework for continued collaboration on provision of utility easements and services and coordination during design and construction. Town Management and staff have worked with Wake County Board of Education staff to develop a Joint Use Agreement framework consistent with the proposed master plan. This agreement provides for Town use of school parking areas outside of school times, as well as use of the school drive access. Additionally, the agreement provides for school use of drive access areas on Town properties, as well as non-exclusive use of Town greenways. The joint use agreement also establishes responsibilities for routine and major maintenance of joint use elements consistent with the joint use agreement for Willow Lakes Town Park/South Lakes Elementary School. 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. The master plan, exchange of property, interlocal agreement amendment, and joint use agreement are the result of several years of coordination, effective communication, hard work, trust, and vision by both staffs. For this reason, Town Management recommend approval of all four items, which advance both projects consistent with the ILA and Master Plan. The Town has identified funding for design and construction of the Community Center North and Active Adult Center Project in the Five-Year Plan. Subject to a successful Parks and Recreation Bond Referendum on November 2, 2021, the Town intends to release HH Architecture to proceed with construction drawings, with solicitation of construction bids and financing of the project planned for Summer 2022. Discussion – Commissioner Harris asked if there are any plans to realign Hilltop Needmore Road. Town Manager Mitchell stated that there are no plans to realign the road and there will be access points off of Brushy Meadows Drive. He stated that there will still be a pedestrian tunnel underneath Hilltop Needmore Road to get to the other side of the park. Assistant Town Manager Matthews further explained that if an extension of the tunnel is required due to the installation of a right turn lane, the school system has agreed to do the extension and the Town would take it over for maintenance. Mayor Pro-Tem Massengill stated that it is great to see Wake County and the Town as partners because it is a way to save money. He stated that the stormwater pond is an amenity for citizens to use but it also provides a resource to protect against stormwater runoff. He also stated that the greenway system that goes across the School Board’s property is being temporarily relocated during construction and will become a permanent greenway property for the Town. Recommendation – 1.) Approve the master plan for the Hilltop Needmore Road Elementary School and Community Center North with an Active Adult Center Project. 2.) Adopt the Interlocal Agreement Amendment subject to Wake County Board of Education Approval and Town and School Board attorney review as to form. 3.) Adopt the Joint Use Agreement for Hilltop Needmore Road Elementary School subject to Wake County Board of Education Approval and Town and School Board attorney review as to form. 4.) Adopt the resolution authorizing the exchange of Town property in accordance with NCGS 160A-274 subject to Town Attorney review as to form. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) 10B Facility Naming Recognition - Town Hall Purpose – To continue discussion from the August 17, 2021, Town Board meeting regarding the naming of Town Hall to the John W. Byrne Municipal Building. 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. At the August 17, 2021, Town Board meeting, Mayor Pro-Tem Massengill proposed naming the Town Hall in honor and recognition of the 20 consecutive years of dedicated public service by Mayor John Byrne. In discussion, Mayor Pro-Tem Massengill cited many of the successes and achievements realized by the Town during Byrne's tenure as mayor. Town Manager Mitchell advised that should the Town Board decide to name the Town Hall as proposed, a motion will need to be made to that effect. At this time, Mayor Byrne recused himself from discussion on this matter. Mayor Pro-Tem Massengill presided over this portion of the meeting as it related directly to Mayor Byrne. Mayor Pro-Tem Massengill stated that at the last meeting he brought up naming Town Hall the “John W. Byrne Municipal Building” and he read a long list of accomplishments and contributions by Mayor Byrne just as some were mentioned during public comment period. He stated that the Town Board has never had the opportunity to honor a living Mayor who has served 10 consecutive terms. Further, he stated that two former Commissioners have spoken positively tonight about it, and that he has not heard any negative comments in the last three weeks regarding the proposal. He then made a motion to name the current Town Hall facility located at 134 N. Main Street, the “John W. Byrne Municipal Building”. The motion was seconded by Commissioner Smith. Commissioner Harris stated that he was in agreement with everything that has been said at the meeting about the mayor receiving this well-deserved honor. He then made a substitute motion that this issue lay on the table to give the Town Board time to develop a policy to minimize any conflict. The motion died for lack of a second. Attorney James Adcock stated that Robert Rules of Order requires a second to the motion to lay on the table in order for it to be considered, therefore the main motion as offered by Mayor Pro-Tem Massengill was still in question on the vote. Discussion – Commissioner Gardner stated that she has heard from several citizens concerning their position on the issue of naming the Town Hall the John W. Byrne Municipal Building. She stated that several expressed that the Town Hall is the people’s building. The people that she has heard from are however in complete agreement that the mayor has established a legacy of service in his 20 years. She stated that she did some research in naming of government buildings and found no general policy directive or suggestion that prevents naming a government building after an individual. She did find many lists of naming policies complied by various municipalities and government entities, however; Fuquay-Varina does not have any policies on naming a building. She stated that in the future the Town should consider having a policy. She stated that she had tried to think of different ways that the Town Board could honor the mayor but could not come up with anything that was adequate. She stated that perhaps the process could have been handled differently. Commissioner Gardner then stated that after much research and consideration on this issue that she supports the motion to honor the mayor’s unprecedented record of service with naming the Town Hall the “John W. Byrne Municipal Building”. Mayor Pro-Tem Massengill called the question on the main motion to name the current Town Hall facility located at 134 N. Main Street, the “John W. Byrne Municipal Building”. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Smith MOTION RESULTS: Passed Unanimously (5-0) Mayor Pro-Tem Massengill congratulated Mayor Byrne and thanked him again for his service of 20 years. He stated that he appreciates the Town Board’s unanimous vote. Mayor Byrne thank everyone for the recognition. He stated that he feels blessed to be able to accomplish what he has during his 20 years of service. He stated that Town Manager Mitchell has done a fabulous job and made his job easier along with all the Directors. He stated that it took him 6 years to fully comprehend what being Mayor was all about. He suggested that the Town may need to look into having the mayor’s term be a 4-year term instead of a 2-year term. OTHER BUSINESS 11A Manager’s Report Public Work Department - The Public Works Department recently hired Scott Hamill as a Sanitation Equipment Operator. This now completes the new sanitation crew that was included in the fiscal year budget. The new sanitation truck has been delivered. The annual solid waste report has been submitted to the Department of Environmental Quality. The Town collected 15,150 tons of solid waste (11,405 tons of garbage and 2,298 tons of recycling). The recycling plant is now paying anywhere from $8 to $22 per ton compared to last year when the Town was paying up to $32 a ton to take the recyclables. Parks, Recreation, and Cultural Resources Department - The Parks and Recreation Department had a small picture taking ceremony with Board members at the James A. Campbell Park for the new restroom facility, it will officially open Tuesday, September 8th to the public. Winter Sports registration will begin on September 27, 2021. Arts Center – The Arts Center is preparing to host the Legacy Motown Review Friday night. On Saturday, September 11, 2021, the Town will host the 9/11 Day of Remembrance at the Arts Center and Saturday afternoon auditions for the Nutcracker will take place. Information Technology Department – The IT Department plans to go live with the City Works work order management system on October 11, 2021. This is the biggest software implementation that the Town has conducted since the Town’s financial system (New World) was implemented. The new security camera network system is complete, and upgrades will be rolling out over the next few weeks. Finance Department – The Finance Department continues to work with the auditors on end of year reporting. The department has also hired Katie Lumb as the Town’s first Budget and Fiscal Strategy Manager. She will start on September 13, 2021. Fire Department – The Fire Department continues to work on the design of Fire Station #4. Police Department – Officer Kevin Bissette was recognized by Wake County Crisis Intervention Team and the National Alliance on Mental Illness (NAMI) as the Fuquay-Varina Crisis Intervention Team Police Officer of the Year. He was additionally recognized as the Wake County Crisis Intervention Team Law Enforcement Officer of the Year. Further, Chief Fahnestock was recognized by the same group for her leadership regarding the importance of mental health collaborations with law enforcement. Mayor Byrne asked Chief Fahnestock to explain the incident where Officer Kevin Bissettee was involved. Chief Fahnestock stated that Officer Bissette responded to an individual who was suicidal, and he deescalated the situation and then provided additional mental health resources as well as job placement assistance. Mayor Byrne thanked Police Chief Fahnestock for having somebody already trained to be able to help in that situation. Chief Fahnestock stated that all officers receive crisis intervention training through Wake County CRT and NAMI. She stated that she has offered for the Police Department to be a location to offer training to officers throughout the region and include further training for leadership as well as Veterans Crisis Intervention training. Mayor Pro-Tem Massengill stated that he was impressed with the rapport that Officer Bissette was be able to build and the level of trust he gained with the man that was in crisis. Town Manager Mitchell stated that in a recent publication of the North Carolina Police Chief magazine there is an article that Chief Fahnestock submitted that features the new Fuquay- Varina Police Department. Town Manager Mitchell stated that Police Major Bob Adams has officially submitted and announced his retirement from the Town effective December 3, 2021. He thanked Major Adams for his dedication to the Fuquay-Varina Police Department and the Town. Mayor Byrne stated that Major Adams has done a great job with helping our former and current police chief with leadership and working with new police officers. Inspection Department - The Inspections Department has issued 1,280 permits for the year through the month of August 2021. Town Manager Mitchell then reported that Assistant Town Manager Matthews recently attended the first meeting of the Triangle J Council of Government Diversity, Equity, and Inclusion Working Group. The discussion of this meeting centered on the DEI journey of managers and organizations in the Triangle as well as the North Carolina League of Municipalities Direct Conversation Program and the opportunities for partnerships with historically black colleges and universities. He stated that Assistant Town Manager Matthews was recently appointed as the North Carolina representative of the International City and County Managers Association Conference 2022 Program Committee. This committee will help to develop professional programming for city and county managers across the world in 2022. Town Manager Mitchell stated that Susan Weiss, Communication Director, is attending the National City and County Communicators Conference and the Town is up potentially for three awards for communication videos. Those videos are the Census Video, Elves Take Over Downtown Fuquay-Varina, and the 2020 State of the Town Address. Town Manager Mitchell stated that the Town is applying for additional transportation LAPP grants. He also reported that the Town’s new Public Utilities Director, Michael Wagner will be starting on September 13, 2021. 11B Project Status Report – September 2021 11C Reminder: One Town Board Meeting in October - Tuesday, October 19, 2021 - 7:00 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 FVPD Create with a Cop - Rescued Wood Rehab - Saturday, September 18, 2021 - 10:00 am - 12:00 pm 11G FVPD Cops and Kids Day and Child Passenger Safety Seat Checking Station - Fuquay-Varina Police Department - Saturday, September 25, 2021 - 10:00 am - 12:00 pm 11H Celebrate Fuquay-Varina Thursday Night Concert - Chairmen of the Board - Varina Business District - Thursday September 30, 2021 - 6:30 pm - 9:30 pm 11I Celebrate Fuquay-Varina Festival - Downtown Fuquay - Saturday October 2, 2021 - 10:00 am - 4:00 pm BOARD MEMBER COMMENTS Mayor Pro-Tem Massengill reported that his oldest child has started school as a kindergartner. He stated that as mentioned earlier that staff has a variety of projects and things happening in the community and he appreciates the hard work that staff continues to do regarding those projects. He stated the Town Board was at the James A. Campbell Park bathroom facility earlier in the evening and thanked Parks and Recreation Director Jonathan Cox with his help on that project. He stated that he hopes that other parks can have a bathroom facility built in the future. Commissioner Smith stated that there was a lot of discussion about partnerships especially with the Police Department, but the Town has partnerships at all levels of government, and he appreciates our entire staff on every level of service. He stated that he observed one of his neighbors greeting the yard debris staff with bottles of cold water and he appreciates the positive reports from the neighbors and citizens that enjoy the great service that they receive from the Town. Commissioner Harris stated that he had an opportunity to share with other members of the community assisting Afghan refugees being relocated in the Triangle area. Items for the assistance were received at the old Stephenson Hardware building and it was a great effort as the community came together to help other people. He stated that it is great for us a community to reach out to others despite diverse backgrounds, ideologies, and religion, as this defines the value and wealth of the human spirit. Commissioner Wunsch thanked the mayor for his service to the Town of Fuquay-Varina and our community over 20 years of service. He stated that the mayor has helped him to grow and become the best that he can be. He also stated that he had the opportunity to go to the new Willow Springs High School to watch a JV football game. He was excited to see that the game was crowded and fully supported as if it were a varsity football game. He also stated that he got the opportunity to go to the new Fuquay-Varina High School and that it is very impressive. He also thanked everyone for what they do in our Town every day. Commissioner Gardner also thanked Mayor Byrne for his years of service and putting in the hard work. She was glad to be able to see the new restroom facility at the James A. Campbell Park tonight and the community is grateful for the facility. She thanked the Town Board for hanging in there and for management finding the funds to have it built. She also thanked Chief Fahnestock for what she and her department are doing for mental health in our community. Mayor Byrne talked about growth and that Fuquay-Varina is the 29th largest town in North Carolina but with the growth since the April 2020 census the Town is likely the 27th largest town in North Carolina. He stated that James A. Campbell Park has been through at least 3 different improvements and what citizens have to realize is that it takes time to get to the end result. Mayor Byrne reviewed other meetings that he attended in the previous week as well as upcoming events as follows: Past Events 8/18 – CAMPO Meeting 8/25 – Police Department Swearing In Upcoming Events 9/8 – Chamber Ribbon Cutting – The Beauty School 9/9 – FM2FV Concert – Jim Quick & Coastline Band 9/11- National Day of Remembrance – Arts Center – 8:30 am 9/11 – Operation Coming Home – Raise the Roof – 10:00 am 9/15 – CAMPO Meeting 9/20 – Wake County Mayor’s Association ADJOURNMENT A motion was made to adjourn the meeting at 9:21 p.m. MOTION: Mayor Pro-Tem Massengill SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (5-0) The minutes from the September 7, 2021, Town Board of Commissioners regularly scheduled meeting are adopted this 21st 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, September 07, 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 17, 2021 Town Board of Commissioners Regular Scheduled Meeting. 4. Presentations 4.A Introduction - Economic Development Director - Tiffany McNeill 4.B Recognition and Appreciation - FV Exchange Club - Town Hall Freedom Shrine - (Byrne) 5. Public Comment The public is invited to address the Town Board. 6. Items Tabled From Previous Meeting 7. Public Hearing 7.A Zoning Map Amendment - The Curry Engineering Group, PLLC - 1601 N Main Street - PIN 0677025023 - REZ-2021-05 - (Mitchell/Seymour/Davison) 8. Consent Agenda 8.A Amendment to Owner-Engineer On-Call Agreement - Highfill Infrastructure Engineering, PC - Mills Branch & Middle Creek Pump Station Improvements - $185,000.00 - (Mitchell/Seymour) 8.B Amendment to Owner-Engineer On-Call Agreement - Freese and Nichols, Inc. - Water Modeling Services - $30,000.00 - (Mitchell/Seymour) 8.C Amendment to Owner-Engineer On-Call Agreement - Freese and Nichols, Inc. - Lead and 1 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA SEPTEMBER 07, 2021 PAGE 2 Copper Rule Revisions Compliance Plan - $42,000.00 - (Mitchell/Seymour) 8.D Recreation Unit Fee-In-Lieu - Atwater Station - SUB-PR-2020-11 - (Mitchell/Seymour/Davison) 8.E Surety/Letter of Credit - Hilltop Animal Hospital - Delay of Landscaping Installation - (Mitchell/Seymour/Davison) 8.F Utility Agreement Allocation Request - Rutherford Subdivision, Phases 4-6 - (Mitchell/Seymour) 8.G Utility Agreement Allocation Request - The Abberly Apartments at Royal Creek - (Mitchell/Seymour) 8.H Resolution and Adoption of 10-Year Public Utilities Capital Improvement Plan - NC Drinking Water State Revolving Fund Program - (Mitchell/Seymour) 8.I Budget Amendment - Shuttered Venue Operators Grant (SVOG) - $90,875 - (BA-22-09) - (Mitchell/Matthews/Daly) 9. Items Removed From Consent This section is reserved for items removed from the consent agenda for separate consideration. 10. Administrative Reports 10.A Master Plan Approval, Interlocal Agreement Amendment, Joint Use Agreement, and Exchange of Property - Wake County Board of Education - Hilltop Needmore Road Elementary School (E-44) - (Mitchell/Matthews/Cox) 10.B Facility Naming Recognition - Town Hall - (Massengill/Mitchell) 11. Other Business 11.A Manager's Report 11.B Project Status Report - September 2021 11.C Reminder: One Town Board Meeting in October - Tuesday, October 19 2021 - 7:00 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 FVPD Create with a Cop - Rescued Wood Rehab - Saturday, September 18, 2021 - 10:00 am - 12:00 pm 11.G FVPD Cops and Kids Day and Child Passenger Safety Seat Checking Station - Fuquay-Varina Police Department - Saturday, September 25, 2021 - 10:00 am - 12:00 pm 11.H Celebrate Fuquay-Varina Thursday Night Concert - Chairmen of the Board - Varina Business 2 2 FUQUAY-VARINA BOARD MEETING BOARD MEETING AGENDA SEPTEMBER 07, 2021 PAGE 3 District - Thursday September 30, 2021 - 6:30 pm - 9:30 pm 11.I Celebrate Fuquay-Varina Festival - Downtown Fuquay - Saturday October 2, 2021 - 10:00 am - 4:00 pm 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 and 143-318.11 (a) (5) - Contract Negotiation 14. Adjourn IN ACCORDANCE WITH ADA REGULATIONS, PLEASE NOTE THAT ANYONE WHO NEEDS AN ACCOMODATION TO PARTICIPATE IN THE MEETING SHOULD NOTIFY THE TOWN CLERK AT (919) 552-1401 AT LEAST 48 HOURS PRIOR TO THE MEETING. 3 3

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