Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting December 20, 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 Bryan Haynes, Commissioner Board scheduled for Tuesday, December 20, 2022, Vacant Seat - Commissioner Adam G. Mitchell, Town Manager at 7:00 p.m. was held at the Fuquay-Varina Town Mark D. Matthews, Assistant Town Manager Hall, 134 N Main Street, Fuquay-Varina, NC. James (Jim) E. Seymour, Assistant Town Manager Rose H. Rich, Town Clerk James S. Adcock, III, Town Attorney In attendance were Mayor Blake Massengill, Mayor Pro-Tem Larry Smith, and Commissioners Marilyn Gardner, William Harris, and Bryan Haynes. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Town Clerk Rose Rich, Town Attorney James Adcock, IT Director Scott Clark and various other department directors. CALL TO ORDER Mayor Massengill called the meeting to order at 7:01 pm. INVOCATION AND PLEDGE Mayor Pro-Tem Larry Smith provided the invocation and Fuquay-Varina Middle School student Colton Kaplar led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager Adam Mitchell reviewed the meeting protocol noting that the meeting was both in- person and live streamed on the Town’s YouTube Channel and Facebook. APPROVAL OF MINUTES 3A The December 5, 2022, minutes of the Town Board of Commissioners regularly scheduled meeting. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (4-0) PRESENTATIONS 4A Recognition - FV Middle School Teachers and Student Purpose – To publicly recognize Fuquay-Varina Middle School heroes from the December 8th school incident. Staff Comments – Police Chief Brandon Medina 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. He stated that one student and four Fuquay-Varina Middle School staff members are being recognized for their heroic actions on Thursday, December 8, 2022. The brave and heroic actions of these individuals resulted in a peaceful resolution of a student firing a gun in school during school hours. Police Chief Brandon Medina recognized teachers Samantha Colecchia, Jeff Junio, Lynn Guilliams, Assistant Principal Page Elliot, and 8th grade student Colton Kaplar for their heroism during the incident on December 8, 2022. Mayor Massengill also recognized each of them, in addition to Principal Kris Clark, with a Mayoral Commendation and the Mayor’s coin. 4B Statewide Athletics Committee (SWAC) State Champions - All-Star Soccer 10U Boys, 10U Girls and 12U Girls Purpose – To recognize the Statewide Athletics Commission (SWAC) State Champions All-Star Soccer 10U Boys, 10U Girls and 12U Girls. Staff Comments – Marketing and Event Specialist Trey Baggett 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 10U Boys, 10U Girls and 12U Girls All-star Soccer State Champions participated in the 2022 SWAC State Tournament hosted in Fuquay-Varina, NC on November 10 – 13, 2022. Marketing and Event Specialist Baggett stated that he was also very proud to report that the teams had undefeated seasons. Mayor Massengill congratulated all teams for winning the State Championship SWAC State Tournament. 4C Annual Comprehensive Financial Report (ACFR) – Fiscal Year Ending June 30, 2022 Purpose – To receive a presentation from Courtney Jackson and Scott Anderson with Cherry Bekaert, LLP on the results of the FY 2021-2022 financial audit. Staff Comments – Finance Director JoAnne Crabtree entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then introduced Courtney Jackson and Scott Anderson with Cherry Bekaert, LLP to provided information about the agenda item. Finance Director Crabtree stated that as is customary, the Town recently completed review of its annual financial statements by its auditor, Cherry Bekaert, LLP. The Town Board received a copy of the Town's Annual Comprehensive Financial Report (prepared by staff) and heard comments from the Town's auditor on the findings from the FY 2021-2022 audit.  Courtney Jackson made a presentation on the audit. She reported that the Town received a clean audit with an unqualified opinion, which is the best outcome an entity can receive. Mayor Massengill thanked both the Finance Department and the auditors for all their hard work in producing the audit report. Finance Director JoAnne Crabtree gave highlights about the audit as they relate to the Town’s adopted financial policy. The data provided is as follows: Per Audit 2022 • GO Governmental Debt as a percentage of Assessed Value (<2.5%) = 0.60% • Governmental Debt Service as a percentage of Gen Fund Expense Less Capital (<15%) = 8.57% • 10-year payout principal ratio (>55%) = 70.73% • Unassigned Fund Balance (25%) = 60.87% or $27,632,730 Mayor Massengill thanked Finance Director Crabtree for presenting this information. He stated that there are a lot of projects coming up and this audit shows the Town is in a good financial position to handle them. PUBLIC COMMENTS 5A No one chose to speak in person or virtually during public comments. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the December 20, 2022 Town Board meeting. PUBLIC HEARINGS 7A Economic Development Incentive Agreement, Budget Amendment (BA 23-32), and Project Ordinance Amendment (POA-23-05) - Berk-Tek, Inc. - $350,000.00 Purpose – To consider the approval of a local economic development incentive agreement in an amount up to $350,000.00 for the expansion of the existing Berk-Tek, Inc. manufacturing facility located at 100 Technology Park Lane in Fuquay-Varina (PIN 0657795708). Staff Comments – Economic Development Director Tiffany McNeill 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. Berk-Tek, Inc., a Leviton Company, is a world-class manufacturer of high-performance and enhanced fiber optic and copper cables designed to transmit high-speed data, voice, and power transmissions with locations throughout the U.S. Berk-Tek, Inc. is considering expanding its existing manufacturing facility located at 100 Technology Park Lane, Fuquay-Varina (PIN 0657795708) where it manufactures fiber optic cables. The Company has been in Fuquay-Varina for 33 years and employs 100 full-time employees. The proposed project will add approximately 95,000 square feet to the existing 55,000 square feet building. The proposed project will result in $27,000,000 in new capital investments. In addition to the expansion of the facility and the purchase of new machinery/equipment, the Company intends to create 100 new full-time employees over five years with a projected average annual wage of $73,000.00, which is above Wake County's average annual wage of $72,743. Management and staff's recommendation of $350,000.00 in economic development incentive assistance equals 1.3% of the total $27,000,000.00 in new capital investment proposed by Berk- Tek, Inc. The recommended funding assistance is consistent with the Town's economic development incentive policy, where the Town may participate in new or expanding manufacturing and commercial projects up to 5% of a project's total capital investment. If approved, economic funding assistance will be paid to the Company after all new capital improvements and equipment purchase thresholds have been met and confirmed by Town staff and the Wake County Tax Office. Notice of the economic development public hearing has been published in accordance with N.C. Gen. Stat. 158-7.1. The proposed project is consistent with the Town of Fuquay-Varina Strategic Plan 2021-2025 by supporting the following Core Values and Initiatives: - Fiscal Strength, Objective #1 - Initiative #3, to maintain and improve the Town's bond rating by fostering non-residential tax base growth. - Economic Vitality, Objective #3 - Initiatives #1. Promote Fuquay-Varina as a destination for investment to support diverse growth and sustainability. Management and staff recommend and support the proposed economic development incentive funding request and believe the development of Berk-Tek's expansion project will continue to demonstrate the Town's commitment to fostering public-private partnerships with its local business leaders that provide a significant tax base and employment opportunities for the citizens of Fuquay-Varina. The proposed expansion project will create $27,000,000 in new capital investment consisting of the expansion of an existing manufacturing facility and the purchase of new machinery and equipment. The proposed $350,000 incentive investment results in a 3.9-year payback based on local property tax. This payback period is justified by the investment proposed by a stable and expanding corporation, one of the nation's leading manufacturers of fiber optic cables. Public Hearing – The public hearing was opened. No one chose to speak in favor of, or in opposition to the proposed Economic Development Incentive Agreement, Budget Amendment and Project Ordinance Amendment for Berk-Tek. The public hearing was closed. Discussion – Mayor Massengill thanked representatives from Berk-Tek for attending the meeting and for being a good corporate partner here in Fuquay-Varina. He reported that this economic development incentive is right in line with our policy but also Wake County has on their agenda a consideration for an additional incentive. Economic Development Director Tiffany McNeill introduced Karen Berry who is the Vice President of Operations for Berk-Tek and John Linderman who is the consultant for the project. Mr. Linderman commended Economic Development Director McNeill, stating that she has been  awesome to work with on the project. Mr. Linderman also stated that Berk-Tek had their preconstruction meeting earlier today and the planning staff was awesome to work with. MOTION: Commissioner Haynes SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (4-0) CONSENT AGENDA 8A. Special Event, Amplified Sound, and Parade Permit Request - Cultural Arts Society of Fuquay- Varina - Rev. Dr. Martin Luther King, Jr. March/Celebration - January 16, 2023 Purpose – To consider approval of a special event, amplified sound, and parade permit for the Cultural Arts Society of Fuquay-Varina's Rev. Dr. Martin Luther King, Jr. March and Celebration event scheduled for January 16, 2023. Recommendation – Approve the special event, amplified sound, and parade permit for the Cultural Arts Society of Fuquay-Varina's Rev. Dr. Martin Luther King, Jr. March and Celebration event scheduled for Monday, January 16, 2023, as presented and recommended. 8B. Municipal Records Retention and Disposition Schedule Purpose – To consider by resolution the adoption of the 2021 Records Retention and Disposition Schedule. Recommendation – Adopt by resolution the 2021 Records Retention and Disposition Schedule, consistent with North Carolina Department of Cultural Resources, Division of Archives and Records schedules. Resolution No. 22-1783 8C. Agreement Amendment - Local Economic Development Incentive Agreement Amendment - Aviator Brewing Company Relocation/Expansion Project Purpose – To consider a request by Aviator Brewing Company, Inc. to amend its Local Incentive Agreement that would allow for a project completion extension to May 30, 2024. Recommendation – Approval of the fourth amendment to Aviator Brewing Company's Local Incentive Agreement as presented and recommended. 8D. Budget Amendment - Bishop Photo - Youth Athletic Scholarship Fund Donation - Parks, Recreation and Cultural Resources - $3,400 - BA-23-28 Purpose – To consider approval of a budget amendment recognizing funds from Bishop Photo for non-resident scholarships within the Parks, Recreation and Cultural Resources Department. Recommendation – Approve budget amendment BA-23-28 as presented and recommended. 8E. Budget Amendment - Recognize Royce Publication Calendar Proceeds- Police Department Cadet Program - $3,000 - (BA-23-30) Purpose – To consider a budget amendment recognizing calendar proceeds from Royce Publication to the Fuquay-Varina Police Department Police Cadet Program. Recommendation – Approve Budget Amendment BA-23-30 as presented and recommended. 8F. Budget Amendment - National Association of Police Athletic/Activities Leagues - Police Department - $3,000 - BA-23-34 Purpose – To consider a budget amendment recognizing funds from National Association of Police Athletic/Activities Leagues to support Fuquay-Varina Police Department Police Athletic League Youth Engagement. Recommendation – Approve Budget Amendment BA-23-34 as presented and recommended. 8G. Declaration of Surplus Property - Unit 126 - 2006 Ford F-150 4X4 & Unit 136 - 2015 Ford Expedition XL 4X4 Purpose – To consider declaration of Unit 126 and Unit 136 as surplus property. Recommendation – Approve the surplus of Unit 126 - 2006 Ford F-150 4X4 & Unit 136 - 2015 Ford Expedition XL 4X4 as presented and recommended. A motion was made to approve Consent Agenda Items 8A-8G. MOTION Mayor Pro-Tem Smith SECOND: Commissioner Gardiner MOTION RESULTS: Passed Unanimously (4-0) ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Ratification of Mayor Appointments to Town Advisory Boards and Committees - Planning Board and Board of Adjustment Purpose – To receive a report from Mayor Massengill on appointments to the Planning Board and Board of Adjustment and ratify the appointments as is customary. Mayor Blake Massengill made the following appointments: Planning Board Jim Chandler – In Town – 3-year term ending December 31, 2025 Barbara Marchioni – ETJ – 3-year term ending December 31, 2025 Brett Johnson – In Town – 3-year term ending December 31, 2025 Andy Petty was reappointed as Chairman Board of Adjustment William Hartman – In Town – 3-year term ending December 31, 2025 Dan Miller – ETJ – 3-year term ending December 31, 2025, and reappointed at Chairman Discussion – There was no discussion from members of the Town Board. Recommendation – Ratify Mayor Massengill's appointments to the Planning Board and Board of Adjustment. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULTS: Passed (4-0) OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the following updates: o Arts Center – The Arts Center has seen a 73% increase in class registrations this year compared to 2021. o Planning Department – The Planning Department is receiving a great level of response to the transit study and continues to encourage residents to participate on Let’s Talk FV to give the Town feedback on the study. o Public Utilities – The Public Utilities Department is reminding residents with the colder weather coming to make sure they winterize their back flow prevention devices and outdoor plumbing fixtures to prevent pipes from bursting. o Public Works – The sidewalk contractors have been working on shaving raised sidewalks and fixing areas around curbs and entry ways. This week they were able to shave the asphalt at the edge of gutters and ramps at South Fuquay Avenue and Raleigh Street. 11B Appointments to the Parks, Recreation, and Cultural Resources Advisory Board - (Massengill) Eric Meyers – In Town – 3-year term ending December 31, 2025 Keith Willis, Jr. – In Town – 3-year term ending December 31, 2025 11C Financial Quarterly Report - 1st Quarter FY 2022-2023 11.D Town Offices Closed for Observance of Christmas and New Years - December 23. 26-27, 2022 and January 2, 2023 11.E Coffee with a Cop - McDonalds - 1409 N. Main Street - Tuesday January 3, 2023 - 9:00 am - 10:30 am 11.F Rev. Dr. Martin Luther King, Jr. Celebration – Cultural Arts Society of Fuquay-Varina – January 16, 2023 - 10:00 am BOARD MEMBER COMMENTS Commissioner Gardner stated that it has been an exciting holiday season. She attended the Nutcracker for the first time at the Arts Center and it was great performance. She also attended The Gerald Parker Jazz Orchestra Holiday Christmas Concert, and it was a great concert. Commissioner Harris stated that it was great to see the energy here earlier with the children and the importance of recognizing those members of staff and school officials that responded so quickly to what could have been a devasting event at the Fuquay-Varina Middle School. He thanked Police Chief Brandon Medina for recognizing middle school staff and students for their heroism. He stated that with the excitement in the room when recognizing all the participates in the State Championship, that the Town should consider getting a trophy case to exhibit the Town’s winning teams. He then wished everyone a safe and happy holiday season. Commissioner Haynes stated that he has been on the Town Board for one year and he thanked everyone who has given him advice, wisdom and understanding on so many different topics. He commended the Finance Department on a successful audit. He reported that he attended the Fuquay-Varina Leadership Cohort and talked about being a leader and acknowledged they also graduated this past week. He stated that he attended a joyous event at the Consolidated School Christmas Social. He reported that this past weekend Pine Acres Community Center had their food giveaway and he thanked everyone that was involved, the Fuquay-Varina Police Department, Streets Department, and the volunteers. He also thanked Mercy Food Pantry and LFR for all they do to make sure no one goes hungry during this time in Fuquay-Varina. He also wished everyone a Merry Christmas and Happy New Year. Mayor Pro-Tem Smith echoed the remarks of other Town Board members, especially those remarks regarding the Audit and the Finance Department. He gave accolades to Economic Development Director Tiffany McNeill for her efforts in the Berk-Tek project. He reported that he went to a ribbon cutting ceremony for the Happy Country Club, a new business in The Q that has indoor high tech simulated golf driving ranges. He wished everyone a very Merry Christmas and stated that it has been a great year working with each Board member and the Town staff. Mayor Massengill stated that Happy Country Club is a great new business in downtown Fuquay. He reported that he has an upcoming meeting with Congresswoman Deborah Ross and has been having amazing conversations with the General Assembly and Wake County regarding all the new Town projects that are coming, and he is trying to get funding to help with those projects. He reported that he swore in three new Police Officers yesterday. He thanked Police Chief Medina for his hard work in hiring staff while other communities are struggling to hire Police Officers, Fuquay-Varina has more people applying for jobs. He stated that he attended the annual meeting of the Metro Mayors Coalition. The Metro Mayors Coalition is made up of the 33 largest cities in the State and Fuquay-Varina is number 25th on the list. He was also appointed to the Executive Board for the Metro Mayors Coalition. He reported that he attended the First Responders luncheon at the American Legion Post. He also reported that he attended Meals on Wheels annual Christmas Luncheon at Pine Acres Community Center and helped serve and sang Christmas songs. He thanked Communications Director Susan Weis for all she does for the Town and for the Town Board. The following items are Mayor Massengill’s past and future events: Past Events 11/30 – Raleigh Regional Association of Realtors 12/1 – Christmas Tree Lighting 12/3 – Tacky Sweater Party 12/4 – Chamber Christmas Parade 12/14 – Meals on Wheels at Pine Acres Community Center Upcoming Events 1/3 – Coffee with a Cop CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a) (3) - Attorney Client Privilege. A motion was made to conduct a closed session meeting at 8:22 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULT: Passed Unanimously (4-0) RETURN TO OPEN SESSION The Town Board returned to open session at 8:40 p.m. with nothing to report out of closed session. ADJOURNMENT A motion was made to adjourn the meeting at 8:41 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (4-0) The minutes from the December 20, 2022, Town Board of Commissioners regularly scheduled meeting are adopted this 3rd day of January in the year 2023 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Rose H. Rich, Town Clerk