Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting May 17, 2022 J. Blake Massengill, Mayor Larry Smith, Mayor Pro-Tem William H. Harris, Commissioner The Regular Meeting of the Fuquay-Varina Town Marilyn B. Gardner, Commissioner Tracy Watson, Commissioner Board scheduled for Tuesday, May 17, 2022, at Bryan Haynes, Commissioner Adam G. Mitchell, Town Manager 7:00 p.m. was held at the Fuquay-Varina Town Mark D. Matthews, Assistant Town Manager James (Jim) E. Seymour, Assistant Town Manager Hall, 134 N Main Street, Fuquay-Varina, NC. Rose H. Rich, Town Clerk James S. Adcock, III, Town Attorney In attendance were Mayor Blake Massengill, Mayor Pro-Tem Larry Smith and Commissioners William Harris, Marilyn Gardner, Tracy Watson, and Bryan Haynes. Also in attendance were Town Manager Adam Mitchell, Town Attorney James Adcock, Town Clerk Rose Rich, and IT Systems Administrator Patrick Petty. Assistant Town Manager Jim Seymour attended the meeting virtually and Assistant Town Manager Mark Matthews was absent. CALL TO ORDER Mayor Massengill called the meeting to order at 7:07 pm. INVOCATION AND PLEDGE Yard Debris Solid Waste Management Supervisor, Charles Baker provided the invocation and NC Senator Sydney Batch led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager Adam Mitchell reviewed the meeting protocol noting that the meeting was both in- person, via Zoom, and live streamed. APPROVAL OF MINUTES 3A The May 2, 2022, minutes of the Town Board of Commissioners regularly scheduled meeting. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Oath of Office - Police Chief Brandon Medina Purpose – For Mayor Massengill to ceremonially administer the Oath of Office to Police Chief, Brandon Medina. 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. Brandon Medina was hired as the Fuquay-Varina Police Chief and started in his role administratively on April 11th. Chief Medina was officially sworn into office after having received all approvals from North Carolina Criminal Justice Training and Standards on April 20th. As is customary, the Police Chief is ceremonially sworn into office at a Town Board meeting and Mayor Massengill administered the Oath of Office. Town Manager Mitchell recognized the people that were part of the interview panel process, citizen assessment panel and final review panel for the recruitment of the new Police Chief. He also recognized former Police Chief Laura Fahnestock who also provided guidance and input during the process. Mayor Massengill thanked Police Chief Medina’s mother and fiancée for attending the meeting, and their ongoing support of Chief Medina, as well as various members of other law  enforcement agencies that were present. Mayor Massengill expressed his excitement for Chief Brandon Medina in his new role with the Town of Fuquay-Varina. Chief Brandon Medina thanked everyone for attending the oath of office ceremony , as well as their support of him along this 24-year journey. He stated that the process was very intense, but he learned a lot about himself during the interview. He also thanked former Police Chief Laura Fahnestock for assistance in the process. Mayor Massengill then read the proclamation for National Police Officer Week May 11-17, 2022. He took the opportunity to thank all law enforcements officers, including those of the Town of Fuquay-Varina for their hard work and the dedication shown to the community every day. He expressed his appreciation to the police officers on behalf of the citizens of Fuquay-Varina, himself, and Town Board. 4B Proclamation - National Public Works Week - May 15-21, 2022 Purpose – For Mayor Massengill to present a proclamation that recognizes May 15-21, 2022, as National Public Works Week in the Town of Fuquay-Varina. Mayor Massengill read the proclamation for National Public Works Week. He stated that our Public Works professionals take great care of our streets, operate our trash trucks, debris trucks and recycling trucks. He emphasized that their hard work does not go unnoticed. 4C Presentation - Compensation and Classification Report Purpose – To consider recommended findings of the compensation and classification market study for all full-time positions excluding law enforcement officers (previously addressed). Staff Comments – Human Resources Director Wendy Moody entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided information about the agenda item by making the following remarks. It is imperative for Fuquay-Varina to be competitive when hiring talent and retaining talent for the organization. The Town last performed a full pay study in 2017 and in recent years, it has become more challenging to hire the best talent for the Town because of the competitive regional environment with respect to compensation and most recently due to the pandemic. To address this, the Town contracted with Piedmont Triad Regional Council (PTRC) Management Services in October 2021 to perform a market analysis on the Town's behalf for sworn law enforcement positions for which recommendations were implemented in February of 2022. In December 2021, the Town kicked off the same study for the balance of its full-time positions. Every full-time employee along with management worked together to complete position description questionnaires which allowed employees to participate in the process and ensured their responsibilities and duties were captured correctly for the consultant to evaluate. PTRC then met virtually with employees from each position classification to continue that process and employees were asked clarifying questions. While this was taking place, PTRC also gathered salary data from the market and competitors. Findings demonstrated that on average the Town was 12% above minimum salary compared to the market average of 24% above minimum. In order to avoid this situation in future years, the Town will no longer utilize the "hiring rate" in its recruitment efforts. This will position the Town to better compete with neighboring communities in the marketplace. Management and staff are very proud of the work that employees do each and every day and believe the recommendation presented will send a clear message that the Town values them. Matt Reece, with PTRC Management Services, presented the report findings to the Town Board and provided a full implementation recommendation. Full implementation (Salary & Benefits) for FY 2023 is projected to be $2,129,452, with an effective date of July 3, 2022. Discussion – Mayor Massengill thanked Mr. Reece for presenting the study. He noted Mr. Reece’s slides that reference the very competitive labor market. He stated that it was recommended that the town go to a level that is close to but less than the market average. He stated that if the Town goes with some percentage less than market average that the Town will be struggling to hire new employees. He stated that he would like to propose that the Town increase compensation to the market average (24%). Mayor Massengill asked Town Manager Mitchell if doing so was feasible. Town Manager Mitchell advised that the proposed FY 23 budget would allow for the Town to adjust compensation and pay ranges so that it could be comparable to the market average. Town Manager Mitchell also recommended that the Town Board consider performing a pay study on an annual basis instead of every three to five years as was done in the past to make sure that the Town stays competitive and does not fall too far behind market average given the volitivity of the market. The Town Board concurred. Commissioner Gardner asked to be refreshed on what was done for the Police Department. Town Manager Mitchell stated that the Town made a percentage adjustment that was comparable to the marketplace for law enforcement and made some changes to position classifications. She stated that she does not want below average employees and is in favor of going implementing a strategy that puts the Town at market average. Commissioner Haynes thanked all the employees for taking the time to fill out the questionnaires. He agreed with Commissioner Gardner in stating that the Town does not want below average employees and at the same time wants to keep the great people that have been employed with the Town for so many years, so he too is in favor of the compensating comparable to the market average. Commissioner Watson concurred with Commissioner Gardner and Commissioner Haynes. She stated that we have some great employees, and that the Town wants to hire talented people to help do the work of the Town. Mayor Pro-Tem Smith stated that it bothers him to see so much turnover in some of our departments, and especially in the Planning Department. He stated that he is in favor of the increasing the recommended changes to compensation and the pay scale as Mayor Massengill had suggested and as Matt Reece had presented. Commissioner Harris stated that he is excited and thinks that what is being proposed is a good step. He stated that one of the challenges for public employees is to have a sense of equity in regard to the marketplace and the recommendations are going to give a sense of appreciation that the Town recognizes their challenges. He also sees this as being important to hiring, recruitment and retention and he favors the adjustment as recommended. Mayor Massengill thanked Mr. Reese and his team on their work on the pay study. Town Manager Mitchell gave a recap of the proposed motion for the compensation and classification plan report. He stated that findings in the recommendation will move the Town’s pay ranges to 104% above entry level as well place Fuquay-Varina in the market average of 24% (initially recommended at 21%) above minimum pay. He recommended action be taken by motion to concur with the funding that is available in the proposed FY2023 budget which includes a 5% adjustment across the board for all employees except sworn officers since they already received an increase a few months prior. In addition to the 5% across the board, the Town will be adjusting 42 positions description classes that are within the organization. If the position goes up in grade level the employee in that grade level would receive an additional 5% for each step. The employees in the 42 classes will see something more than the across the board 5% due to what is necessary to get them comparable to the marketplace. In addition to that, getting employees on a plan or path to get the employee to a mid-point in their pay range by year six versus year eight and potentially be at there maximum range of their pay grade by year 27 of employment in their job classification. Town Manager Mitchell advised that his recommendation is that the Town Board, by motion, approve the full implementation of the recommended pay plan adjustments, including what was discussed at the meeting.  Recommendation – Approve full implementation of the compensation and classification plan recommended findings for all town employees (excluding previously implemented sworn police positions) with the 24% increase above minimum pay as presented and recommended. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) Prior to Public Comments, Mayor Massengill recognized the Chamber of Commerce Fuquay-Varina Leadership Class who were in attendance, and he thanked Ann Marie Amico for leading the group. PUBLIC COMMENTS 5A No one chose to speak in person or virtually during the public comment period. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the May 17, 2022 Town Board meeting. PUBLIC HEARINGS 7A There were no public hearings for the May 17, 2022 Town Board meeting. CONSENT AGENDA 8A. Special Event Permit, Amplified Sound Permit, and Temporary Road Closure Request - Dinner on Depot Event - Fuquay-Varina Downtown Association - June 11, 2022  Purpose – To consider approval of a special event permit, amplified sound permit, and temporary street closure request for the 2022 Dinner on Depot Event scheduled for Saturday, June 11, 2022. Recommendation – Approve a special event permit, amplified sound permit, and temporary road closure request for the 2022 Dinner on Depot Event scheduled for Saturday, June 11, 2022, as presented and recommended. 8B. Special Event Application and Amplified Sound Permit Request - Flags for Heroes Sponsored by the Rotary Clubs of Fuquay Varina - May 22, 2022, through June 19, 2022 Purpose – To consider a special event and amplified sound permit request for the Fuquay Freedom Fest fundraiser at the Fainting Goat Brewery scheduled for Saturday, May 21, 2022, as presented and recommended. Recommendation – Approve the special event and amplified sound permit request for the Fuquay Freedom Fest fundraiser at Fainting Goat Brewery scheduled for Saturday, May 21, 2022, as presented and recommended. 8C Ordinance - Extension of Licensed Premises Purpose – To consider approving an amendment to the Town Code of Ordinances authorizing the Town of Fuquay-Varina the ability to approve Extension of Licensed Premises for the consumption of alcoholic beverages. Recommendation – Approve a Town Code Amendment authorizing the Town of Fuquay- Varina to approve Extension of Licensed Premises for the consumption of alcoholic  beverages. The proposed ordinance has been reviewed and approved by the Town Attorney as to form. Ordinance No. M-22-01 8D Voluntary Annexation Petition - Banks Family Farm (Gray Methven - Wakefield Development) - 8537 Lake Wheeler Road - Portion of PIN 0689455964 - ANX-2021-08 Purpose – To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition and to adopt a resolution setting a public hearing for June 6 2022, following the receipt of the petition for voluntary annexation of property owned by Banks Family Farm - Gray Methven - Wakefield Development, containing a total of approximately 36.30 acres. Recommendation – Adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition and adopt the resolution setting the public hearing for a voluntary annexation petition on June 6, 2022, for property owned by Banks Family Farm - Gray Methven - Wakefield Development - ANX-2021-08, as presented and recommended. Resolution No. 22-1757 Resolution No. 22-1758 8E Voluntary Annexation Petition - Jason and Janet Schwarz - 1612 S. Main Street- PIN 0655678718 - ANX-2022-08 Purpose – To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition and to adopt a resolution setting a public hearing for June 6, 2022, following the receipt of the petition for voluntary annexation of property owned by Jason and Janet Schwarz containing a total of approximately 4.24 acres. Recommendation – Adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition and adopt the resolution setting the public hearing for a  voluntary annexation petition on June 6, 2022, for property owned by Jason and Janet Schwarz - ANX-2022-08, as presented and recommended. Resolution No. 22-1759 Resolution No. 22-1560 8F Voluntary Annexation Petition - Steve Medlin (Springvale-Medlin Parcel 1 & 2) - 7110 & 7104 Kennebec Road - PIN 0676898568 & 0676993703 - ANX-2020-16 Purpose – To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition and to adopt a resolution setting a public hearing for June 6, 2022, following the receipt of the petition for voluntary annexation of property owned by Steve Medlin (Springvale-Medlin Parcel 1 & 2) containing a total of 12.801 acres. Recommendation – Adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition and adopt the resolution setting the public hearing for a voluntary annexation petition on June 6, 2022, for property owned by Steve Medlin (Springvale-Medlin Parcel 1 & 2) - ANX-2020-16, as presented and recommended. Resolution No. 1761 Resolution No. 1762 8G Royal Creek – Payment-in-Lieu Agreement and Refund - Royal Creek Subdivision Purpose – To consider approval of refunding payment-in-lieu funds in the amount of $596,465 for roadway improvements completed on Gelder Drive as part of the Royal Creek subdivision development. Recommendation – Refund Cambridge-FV LLC a total of $596,465 for completed roadway improvements per the Payment-in-Lieu Agreement associated with the Royal Creek subdivision development. 8H Budget Amendment - Recognizing Insurance Proceeds - Police Department - Unit 187 - BA- 22-33 - $1,360.04 Purpose – To consider a budget amendment that recognizes insurance proceeds/restitution for repairs to Fuquay-Varina Police Department Vehicle Unit 187, a 2019 Dodge Charger in the amount of $1,360.04. Recommendation – Approve Budget Amendment BA-22-33 as presented and recommended. A motion was made to approve all Consent Agenda items 8A-8H. MOTION Mayor Pro-Tem Smith SECOND: Commissioner Watson 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 There were no administrative reports for the May 17, 2022 Town Board meeting OTHER BUSINESS 11A Manager’s Report Town Manager Mitchell stated that the budget public hearing will be held on June 6th. He reported that the ribbon cutting ceremony for the Hilltop Needmore Town Park and Preserve Clubhouse and Tree Dedication in honor of former Mayor John W. Byrne was held yesterday and it was a fantastic event.  He also recognized the Chamber of Commerce Fuquay-Varina Leadership class that was in attendance this evening and that staff, management and Town Board spent some time with them the past couple of weeks. He also gave a synopsis of the progress for public input on the Hilltop Needmore Town Park and Preserve Master Plan. He stated that the Parks & Recreation Department in partnership with CLH Design finalized the plan to collect community input for use in the development of the plan. The collection of community data is the primary driver for shaping a park master plan and every attempt will be made to ensure that a representative sample of the community’s wishes are reflected in the final recommended project. Following the completion of public input process and community survey they will begin analyzing the data and prioritizing projects for inclusion in the draft master plan. This plan is expected to be available for consideration early fall of this year. He also stated that he and Mayor Massengill met with Congresswoman Deborah Ross who is hopefully proposing to assist the Town with some federal appropriation funding for both law enforcement and water projects. The Fuquay-Varina Museum Board did a fantastic job for Heritage Day, and it was well attended. He also stated that the Planning Board unanimously recommend the proposed Land Use Plan and the Land Development Plan. These items will be on the June 6, 2022 Town Board meeting. 11B Financial Quarterly Report - 3rd Quarter FY 2022 11C Hilltop Needmore Town Park and Preserve Master Plan Community Input Opportunity - Fleming Loop Park - May 21, 2022 - 10:00am - 2:00 pm 11D Hilltop Needmore Town Park and Preserve Master Plan Community Input Opportunity - Community Center - May 25, 2022 - 6:00 - 8:00 pm 11E Coffee with a Cop - Meridian at Broad Street Market Apartments - Tuesday, June 7, 2022 - 9:00 - 10:30 am 11F Hilltop Needmore Town Park and Preserve Master Plan Community Input Opportunity - HNTPP - June 13, 2022 - 4:00 - 6:30 pm 11G Town Code Amendment - Town of Fuquay-Varina - Land Development Ordinance (LDO) Amendment #20 - National Flood Insurance Program (NFIP) Updates for Flood Damage Prevention Regulations - CTA-2022-05 - (FIRST READING) BOARD MEMBER COMMENTS Commissioner Gardner stated that it has been a busy month. She enjoyed the Coffee with a Cop, National Day of Prayer, Chamber Business After Hours, and the En Plein Air event. There was also a reception for the En Plein Air artists and the Fuquay-Varina Chorale made a grand performance. She also reported that she attended the Heritage Day event, which was a great event with two different programs. The first program was the dedication of the Fuquay-Varina Middle School bell, and the second program was recognition of leadership of the Museum Board with a marker dedicated to the late Max Ashworth. Commissioner Harris apologized for missing the last Town Board meeting due to not feeling well. He stated that he attended the National Day of Prayer event that was held on the grounds of the Fuquay-Varina Police Department, and it was a great event that showcased diversity in religious groups. He also attended a meeting at RTP where there were discussions about the infrastructure bill and part of the bill is bipartisan legislation that looks at making broadband accessible throughout a community. The bill also calls for and provides appropriations eligible for local governments to help promote what they call digital equity throughout the Town. He stated that there are three pots of money available and didn’t know if the Town would need to apply for grants but there is $4.7 billion available to help promote broadband equity. Commissioner Haynes added to comments made by Commissioner Harris, that the bill seeks to reduce rates for broadband internet as well. He stated that he was thankful that the Chamber of Commerce Fuquay Leadership class was in attendance, as he was a former student. He reported that he also attended the National Day of Prayer event, which is always a great event. He also enjoyed the ribbon cutting and tree dedication ceremonies at the Hilltop Needmore Town Park and Preserve Clubhouse. He also attended the FM2FV concert, which was a fun event, and he attended a webinar organized by Leverage North Carolina where they spoke on the need to scale deep with small businesses and how to work with them and retain them as well as grow them. He also enjoyed Heritage Day event and he loved seeing the bands perform from our two local high schools. Commissioner Watson stated that she would like to officially welcome Police Chief Brandon Medina to the Town of Fuquay-Varina. She also welcomed the Chamber of Commerce Fuquay-Varina Leadership class, as she was also an alumnus of the program. She stated that she is looking forward to the upcoming Coffee with a Cop on June 7th, and she reported that she attended the grand reopening of Kimmie’s Carpet. She then congratulated the Bob Barker Company for celebrating 50 years of being in business. Commissioner Watson then reminded everyone that Run the Quay will be on June 4th and that they need volunteers. She congratulated her niece who graduated from ECU, and she congratulated all the graduates in Fuquay-Varina. Mayor Pro-Tem Smith congratulated the Chamber of Commerce Leadership class and he stated that he enjoyed being with them a couple of weeks ago. He also congratulated Police Chief Brandon Medina and looks forward to seeing what he does with the Department. Mayor Massengill recognized Commissioner Harris for his newly appointed position as the 1st Vice President of NCLM Board of Directors. Commissioner Harris thanked Mayor Massengill and everyone that encouraged him and advocated for him to receive this position on the NCLM Board of Directors. Mayor Massengill stated that he and Town Manager Mitchell had a virtual meeting with Congresswoman Deborah Ross regarding funding for law enforcement and several water projects. It was a good meeting and look forward to working with her. He also enjoyed the Heritage Day event along with his family. He thanked Chamber of Commerce Fuquay Leadership class for attending the Town Board meeting. The following items are Mayor Massengill’s past and future events: Past Events 5/4 – Leadership FV Panel Discussion 5/5 – Meeting with Congresswoman Ross 5/6/-7 – En Plein Air Paint Off 5/7 – Heritage Day at FV Museum 5/10 – FVDA Board Meeting 5/10 – 50th Anniversary Celebration Bob Barker Company 5/11 – Chamber Board Meeting 5/16 – Wake County Mayor’s Association Meeting Upcoming Events 5/18 – Chamber Board Meeting 5/18 – CAMPO Executive Meeting 5/20 – Ballentine Elementary Festival for Kids 5/24 – Pine Springs Preparatory Academy Recognition NC Wildlife Federation 5/25 – Speaking to Triangle Realtor Leadership Academy 5/26 – Town Employee Picnic 6/4 – Chamber Run the Quay CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege and N.C.G.S. 143-318.11 (a) (4) - Economic Development A motion was made to conduct a closed session meeting at 8:51 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Watson MOTION RESULT: Passed Unanimously (5-0) RETURN TO OPEN SESSION____________ The Town Board returned to open session at 9:13p.m. with nothing to report out of closed session. ADJOURNMENT A motion was made to adjourn the meeting at 9:13 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (5-0) The minutes from the May 17, 2022, Town Board of Commissioners regularly scheduled meeting are adopted this 6th day of June in the year 2022 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Rose H. Rich, Town Clerk