Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting February 6, 2023 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 Monday, February 6, 2023, at Vacant Seat - Commissioner Adam G. Mitchell, Town Manager 7:00 p.m. was held at the Fuquay-Varina Town Hall, Mark D. Matthews, Assistant Town Manager 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 Rev. Nathaniel Wood, of New Providence Missionary Baptist Church, provided the invocation and Fuquay- Varina Police Sgt. Earl Williams 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 January 17, 2023, minutes of the Town Board of Commissioners regularly scheduled meeting. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (4-0) PRESENTATIONS 4A Recognition - Black History Month Stakeholder Group Purpose – To recognize the Fuquay-Varina Black History Month Stakeholders Group and introduce the Fuquay Firsts Video Series. Mayor Massengill stated that Black History Month is observed every February to celebrate the many achievements and contributions of African Americans to our economic, spiritual, cultural, and political development. He reported that last year he released a Mayoral Proclamation that declared February as Black History Month in the Town of Fuquay-Varina. He stated that during the month of February a video will be released every Tuesday and Thursday of “Fuquay-Varina Firsts: Celebrating Black History”. He recognized the stakeholders of the Black History Month planning group who started meeting last fall to brainstorm and plan for ways to educate citizens on the history of African Americans and their contributions to the Town of Fuquay-Varina. The stakeholder are as follows: Commissioner Bill Harris, Commissioner Bryan Haynes, Qisoundra Flowers, Orlean Newton (not in attendance), Katyna Bunn, Carl Trice, Glenda Walston, Sanitation/Solid Waste Management Superintendent Gabe Briley, Arts Center Director Maureen Daly, Assistant Town Manager Mark Matthews, Parks & Recreation Ground Maintenance Crew Leader Tony Smith, Police Sgt. Earl Williams, and Communications Director Susan Weis.  He also recognized the pioneers and relatives of pioneers that were featured in the videos as follows: Forrest Newkirk, Carl Trice, Rev. Nathaniel Wood, Cheryl Dean Perkins, Aaron Brown, Ida Brown wife of James Brown, and (Ralph Joyner, Billy Freeman and Robert Freeman who were not in attendance). Mayor Massengill thanked everyone for their time and hard work on this project and stated that this will be an ongoing effort that will inform the public of the contributions and achievements of African Americans in the Fuquay-Varina community. PUBLIC COMMENTS 5A William McDonald, 1206 Kafka Drive, Fuquay-Varina stated that he is the chairperson of the Fuquay-Varina Community Market (a local food co-operative) and they are in need of volunteers to help in various areas such as site search, an outreach program, website design, and financials. Mayor Massengill suggested he contact Wake Tech to see if they have a program for websites designers and young people learning how to build them. He offered that the meeting is streaming live on Facebook and Youtube and maybe there will be someone who will want to volunteer after seeing the meeting. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the February 6, 2023, Town Board meeting. PUBLIC HEARINGS 7A There were no public hearings for the February 6, 2023, Town Board meeting. CONSENT AGENDA 8A. On-Call Services - Public Utilities Professional Engineering Firms Purpose – To consider approving the selection of five public utilities professional engineering on- call firms and entering into agreements with the five professional firms recommended for on-call public utilities engineering services. Recommendation – Approve the selection of Public Utilities Professional Engineering on-call firms Hazen and Sawyer, WithersRavenel, Inc., Highfill Infrastructure Engineering, P.C., Black and Veatch International Company, and Freese and Nichols, Inc. for on-call public utilities engineering services and authorize the Town Manager to enter into an on-call public utilities engineering services agreement with recommended firms, subject to Town Attorney as to form. 8B. Budget Amendment - Recognizing Small Capital Funds from Wake County - BA-23-36 - $11,765 Purpose – To consider a budget amendment that recognizes Small Capital Funds provided by Wake County in the amount of $11,765 for small equipment purchases in the fire department. Recommendation – Approve budget amendment BA-23-36 as presented and recommended. 8C. Resolution - Abatement Assessment - 411 Cherry Street Purpose – To consider a resolution assessing the cost of a Town abatement of a nuisance for 411 Cherry Street, PIN 0656792838. Recommendation – Approve a resolution applying the cost of Town nuisance abatement as a lien against 411 Cherry Street - PIN 0656792838. Resolution No. 23-1785 8D. Resolution - Abatement Assessment - 814 Durham Street Purpose – To consider a resolution assessing the cost of a Town abatement of a nuisance for 814 Durham Street, PIN 0667011647. Recommendation – Approve a resolution to apply the cost of Town nuisance abatement as a lien against 814 Durham Street - PIN 0667011647. Resolution No. 23-1786 8E. Resolution - Abatement Assessment - 313 E Broad Street Purpose – To consider a resolution assessing the cost of a Town nuisance abatement for 313 E Broad Street, PIN 0667016531. Recommendation – Approve a resolution to apply the cost of Town nuisance abatement as a lien against 313 E Broad Street - PIN 0667016531. Resolution No. 23-1787 8F. Voluntary Annexation Petition - Jeremy Whipple (Whipple Auto Sales) - 3800 Opportunity Lane - PIN 0689758683 - ANX-2022-13 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 February 21, 2023, following the receipt of the petition for voluntary annexation of property owned by Jeremy Whipple (Whipple Auto Sales) containing a total of approximately 2.72 acres.  Recommendation – Adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition and adopt the resolution setting the public hearing for February 21, 2023, for property owned by Jeremy Whipple (Whipple Auto Sales) - ANX-2022-13, as presented and recommended. Resolution No, 23-1788 Resolution No. 23-1789 8G. Budget Amendments - Recognizing Operating Revenue and Grant Proceeds - BA-23-38, BA-23-39, and BA-23-40 - Arts Center Purpose – To consider approval of three budget amendments recognizing and appropriating revenue for Arts Center programs. Recommendation – Approve the Budget Amendments (BA-23-38; BA-23-39; BA-23-40) to recognize Arts Center operating revenues, grant proceeds from the United Arts Council, and revenue received from Fuquay-Varina Chorale members. BA-23-38 $55,000 for classes instructors and $10,000 for CC Processing Fees BA-23-39 $5,000 grant from United Arts Council BA-23-40 $10,000 received from F-V Choral members to reimburse Arts Center for deposit for Carnegie Hall program. A motion was made to approve Consent Agenda Items 8A-8G. MOTION Mayor Pro-Tem Smith SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (4-0) Mayor Massengill stated that he was glad to see the three abatement areas getting cleaned up. Town Manager Mitchell stated that Wake County is going to pursue foreclosures for some of these properties that owe unpaid taxes. ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Budget Amendment and Project Authorization - Asset Management Capital Predictor Tool - BA- 23-37 - $96,498 Purpose – To consider a budget amendment to appropriate funding in the amount of $96,498 for capital asset model development and support and authorize approval of the project proposal. Staff Comments – Assistant Town Manager Mark Matthews 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. Consistent with Strategic Plan Core Value Fiscal Strength, Objective 3 Ensure fiscal sustainability and resilience through effective long term financial planning, Initiative 3: Perform preventative maintenance and plan for lifecycle replacement of facilities and infrastructure consistent with industry norms, the Town has worked to implement and identify tools that will allow the Town to make informed and thoughtful decisions on reinvestment in infrastructure that meet community expectations for condition and level of service while minimizing the long term maintenance cost of Town assets. Specific examples of this include implementation of the Town's new work order management system (CityWorks) and completion of a pavement condition survey. Other planned efforts include an assessment of the Town's stormwater collection system, water distribution system, and wastewater collection system. Town management and staff have negotiated a proposed scope and fee that reflect WithersRavenel being contracted to build a model for the Town using the Town's data inputs, re- run and update the model with additional data sets, and run a variety of capital investment scenarios for feedback and discussion with Town officials to develop a capital plan. The annual cost of this service is $96,498, of which half would be funded by the General Fund and half the Enterprise Fund. As a percent of capital spend, this level of investment is reasonable to inform the millions of dollars in spending on repairs and replacement/reinvestment in aging  infrastructure, and it is common for municipalities with a similar size and infrastructure profile of Fuquay-Varina to either contract for this service or add a position dedicated to capital asset modeling. Management and staff recommend approval of a budget amendment and project proposal to support development and management of the model. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Approve a budget amendment (BA-23-37) and authorize approval of a project proposal as presented and recommended. MOTION: Commissioner Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (4-0) 10B Infrastructure Agreement - Saunders Farm Subdivision Purpose – To consider approval of an Infrastructure Agreement between the Town of Fuquay- Varina and Pulte Home Company, LLC for utility line upsizing related to the Saunders Farm Subdivision. Staff Comments – Public Utilities Director Mike Wagner 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. Pulte Home Company, LLC is developing property at 7621 S NC 55 HWY (PIN # 0675441861) as a single-family subdivision named Saunders Farm. The proposed 232 residential lot subdivision received amended preliminary plat approval from the Town Board during its regular meeting on November 16, 2021. The Town's development ordinances require Pulte Home Company to extend a 12-inch diameter water main through its property and S NC 55 HWY project frontage north to the Carolina Gardens subdivision. Once the new water line is within the Saunders Farm Subdivision, design specifications allow for the reduced size of an 8-inch water line. As part of the project, the Developer is installing 3,658 LF of the waterline through the project site that will connect east of the site onto Maude Stewart Road. The Town has requested that the Saunders Farm Subdivision project upsize this waterline to a 12-inch diameter line to account for future development in the area. Pulte Home Company, LLC is requesting to be reimbursed for over-sizing the water line based on the Town's established over-sizing rates as specified in the Town's adopted Fee Schedule (Schedule D). To establish reimbursement for the up-sizing, an Infrastructure Agreement has been prepared. Elements of the Agreement proposed for consideration are as follows: 1. The Developer shall design, build, and construct the project per Town Development Standards. 2. The Developer shall pay all applicable development fees, including system development fees, recreation unit fees, and other applicable fees as prescribed by the Town's Code of Ordinances and Annual Budget Ordinance and Fee Schedule. 3. The Town shall be indemnified and held harmless from any damage claims. 4. Up-sizing the water main will be based on the Town's adopted fee schedule (Fee Schedule D). 5. The Town's over-sizing reimbursement will not exceed $40,238.00. Town management and staff have worked with Pulte Home Company, LLC on this Agreement. Accordingly, management and staff recommend approval of this Agreement and creation of the project ordinance. Discussion – Commissioner Harris asked where the upsizing starts. Public Utilities Director Wagner stated that the upsizing starts where the blue and red line connects on the map that was presented. He reported that the length of the blue line is 3,658 feet and it is going from an 8” line to a 12” line. Town Manager Adam Mitchel asked Public Utilities Director Mike Wagner to address the purpose of this expansion. Public Utilities Director Mike Wagner stated that it is going to allow for water  quantity and pressure to loop through the Saunders Farm Subdivision and have the redundancy going into Hidden Valley up to Carolina Gardens. Recommendation – 1. Authorize the Town Manager to execute an Infrastructure Agreement between the Town of Fuquay-Varina and Pulte Home Company, LLC, as presented and recommended. 2. Authorize the creation of a project ordinance for Saunders Farm Oversizing. MOTION: Commissioner Harris SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (4-0) OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the following updates: o Parks & Recreation – The Parks & Recreation Department regular registration ended for spring youth athletics on January 28th and there was a 21% increase in registrations from last year. o Arts Center – The Arts Center has several exciting events happenings this month with a three month jazz series that kicks off this Thursday. o Public Works – The Public Works Department is winding down the loose leaf collection season and will end on February 10th. Citizens are encouraged to resume scheduling leaf collection with other yard debris by phone or Town website. o Engineering – The Engineering Department completed a successful Erosion and Sedimentation Control State Audit. He thanked Engineering Director Matt Poling and his team for doing an excellent job. o Finance – The Finance Department continues to make progress on the budget development for the Fiscal Year 2024 for the Town Board budget workshop scheduled for April 17, 2023. Town Manager Mitchell also stated that management attended the NC City & County Managers Conference last week and Assistant Town Manager Mark Matthews moderated a panel on Keeping the Community Affordable and spoke on the topic of Strategic Plan Development and Implementation. Assistant Town Manager Jim Seymour served on a panel for MPA students and  what it takes to be successful in local government. He thanked the Town Board for supporting them on professional development and giving them the opportunity to expand their knowledge base. He stated that the Town Board retreat will be an exciting and jam packed full of information and topics for discussion, and more information will be presented at the Town Board Retreat regarding the interlocal agreement for the water project with Sanford, Holly Springs, Pittsboro, and Chatham County. 11B Project Status Report – February 2023 11C Interdepartmental Transfer Report – (Crabtree) 11.D Arts Center - February 9, 2023 at 7:30 pm - Downtown Jazz: 101 Years of Nat King Cole, featuring Christian Tamburr & Clint Holmes 11.E Arts Center - February 10, 2023 at 10:00 am & 7:30 pm - Zuzu African Acrobats 11.F Coffee with a Cop - Brus on Main - 135 S. Main Street - Tuesday February 14, 2023 - 9:00 am - 10:30 am 11.G Arts Center - February 16-18, 2023 at 7:30 pm - Baskerville: A Sherlock Holmes Mystery 11.H Arts Center - February 25, 2023 at 7:30 pm - Life is Magic—illusionist Joshua Lozoff 11.I State of the Town Address – March 6, 2022 - Town Hall Board Room - 6:30 pm BOARD MEMBER COMMENTS Commissioner Gardner gave special recognition to the Black History Month stakeholders group. She also thanked the staff who served on this committee. She also thanked the Assistant Town Managers who shared their leadership expertise with other municipalities and county governments across the state at the NC City & County Municipal Conference. She stated that she is looking forward to the Town Board upcoming retreat. The reported that she attended a ribbon cutting for No More Tumble. Commissioner Harris agreed with the comments made by Commissioner Gardner about the Black History Monthly stakeholders’ group. He reported that 9 out of 10 goals that the Town submitted to the NCLM have were approved and the NCLM will start working on those. He stated that he attended the ribbon cutting for Congressman Wiley Nichols and he will have a local office in Garner with an office also in Washington DC. Commissioner Haynes stated that he had a meeting with a Fuquay-Varina High School student who is trying to earn his Boy Scout Merit Badge. They discussed the Town’s infrastructure, different intersections and how an individual can become involved in local government. He also commended Troop #75 for collecting over 1,000 lbs. of food this past weekend. Mayor Pro-Tem Smith stated that he attended a ribbon cutting for Triangle Coast Realty. Mayor Massengill stated that the Town will be hosting the Wake County Municipal Managers this Wednesday for lunch. Town Manager Adam Mitchell stated that the Managers Luncheon will be held at Hilltop Needmore Town Park and Preserve Clubhouse. Mayor Massengill encouraged other Town Board members to look at the Project Status Reports to help in getting answers on the status of a project as there is a lot of information in the report. He reported that the Chamber will be hosting an Economic Development Forum tomorrow and there is a panel of speakers from staff that will be attending; Tiffany McNeill, Dawn Russell, and Melissa Sigmund. He also stated that for debris collection the information is on the Town’s website on how to dispose of it. He reported that there was a lot of good input for the recent Parks Master Plan community input session. He reported that Police Chief Medina recently promoted two police officers to sergeants. He also reported that he participated with the Fire and Police Department for a ride-by birthday celebration for a 9-year-old boy who has a medical condition that causes him to not be able to leave his house. It was a great positive interaction, and this young man really enjoyed it. The following items are Mayor Massengill’s past and future events: Past Events Upcoming Events 1/18 – Chamber Board Meeting 2/14 – FVDA Board Meeting 1/18 – CAMPO Executive Committee Meeting 2/15 – Chamber Board Meeting 1/21 – Fine Arts Day 2/15 – CAMPO Meeting 1/26 – Meeting with Sheriff Rowe 2/17 – Metro Mayors Call 1/27 – Ballentine Elementary Spelling Bee 2/20 – Wake County Mayor’s 2/1 – Chamber Ribbon Cutting – No More Tumble Association Meeting 2/3 – Metro Mayors Call 2/3 – Friends Downtown Event ADJOURNMENT A motion was made to adjourn the meeting at 7:56 p.m. MOTION: Mayor Pro-Tem Smith SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (4-0) The minutes from the February 6, 2023, Town Board of Commissioners regularly scheduled meeting are adopted this 21st day of February 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