Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting November 21, 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 Board scheduled for Monday, November 6, 2023, Bryan Haynes, Commissioner Vacant Seat - Commissioner at 7:00 p.m. was held at the Fuquay-Varina Town Adam G. Mitchell, Town Manager 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, 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, Deputy Town Clerk Teresa Wilder, Town Attorney James Adcock, IT Director Scott Clark, and various other department directors. Mayor Pro- Tem Larry Smith was out of town visiting family for the holidays. CALL TO ORDER Mayor Massengill called the meeting to order at 7:02 pm. INVOCATION AND PLEDGE Commissioner Bryan Haynes provided the invocation and Hannah and Lawson Crocker (children of Fire Battalion Chief Jerry Crocker) led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager 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 November 6, 2023, Town Board of Commissioners Regular Scheduled meeting. MOTION: Commissioner Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (3-0) PRESENTATIONS 4A Proclamation - Small Business Saturday Purpose – To present a proclamation that proclaims Saturday, November 25, 2023 as Small Business Saturday in the Town of Fuquay-Varina. The United States Small Business Administration, each year, recognizes Small Business Saturday. In conjunction with this effort, the NC Department of Commerce encourages all communities, especially NC Main Street communities, to recognize Small Business Saturday in their cities and towns. Saturday, November 25, 2023, is Small Business Saturday – a day to celebrate and support small businesses. Mayor Massengill introduced former Police Chief Laura Fahnestock that attended the meeting on behalf of the Fuquay-Varina Downtown Association. He stated that small businesses are the backbone of any local community. He encouraged everyone to shop  and eat not just on Small Business Saturday but every day of the week to support the local businesses in both downtowns. 4B Recognition - Fire Department Staff Purpose –To recognize the recent Fire Department Officer promotions. Staff Comments – Fire Chief Jim Jones 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. As part of the new Fire Department Reorganization Plan, several key fire officer promotions have been made in the fire department over the last several months. Both Jerry Crocker and Justin Riewestahl were promoted from Fire Captain to Fire Battalion Chief. They will join the three current Battalion Chiefs in rotating through administrative duties and shift management duties over the course of the next 12-15 months. After the rotations are completed, two of the five Battalion Chiefs will be promoted to Division Chief and responsible for management of a specific division within the department. Because of the Battalion Chief promotions and a recent Fire Captain medical retirement, the fire department needed three Fire Captain positions. After an extensive promotion process, Adam Lowe, Michael Altier, and Chris Duncan have been promoted from Fire Engineer to Fire Captain. Their new position places them in charge of a crew of two - three firefighters on either an Engine or Ladder Company depending on their assignment. Adam Lowe joined the department as a new career firefighter in 2015, Michael Altier joined the department as a new career firefighter in 2016, and Chris Duncan was hired as a career firefighter in 2015 after serving as both a volunteer firefighter and former Explorer in our  department. These new officers have worked hard to get to this point in their careers and will continue the fine leadership traditions already in place within the organization. Mayor Massengill congratulated all the Firefighters on their promotions. He stated that they all have done an excellent job in the community and fire service industry. He stated that they do a variety of different jobs throughout the community, and he appreciates all that they do. PUBLIC COMMENTS 5A No one chose to speak during public comments. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the November 21, 2023, Town Board meeting. PUBLIC HEARINGS 7A There were no public hearings for the November 21, 2023, Town Board meeting. CONSENT AGENDA 8A. Voluntary Annexation Petition - William L. Dickens & Stephanie D. Parker - 6411 Burt Road - PIN 0646047332 - ANX-2022-12 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 December 4, 2023, following the receipt of the petition for voluntary annexation of property owned by William L. Dickens & Stephanie D. Parker containing approximately 44.15 acres.  Recommendation – Adopt the resolution instructing the Town Clerk to investigate the voluntary annexation petition and adopt the resolution setting the public hearing for December 4, 2023, for property owned by William L. Dickens & Stephanie D. Parker - ANX- 2022-12, as presented and recommended. Resolution No. 23-1835 Resolution No. 23-1836 8B. Utility Allocation Request - Arlington Meadows Subdivision Phase 7 through 10 (7 Lots) Purpose – To consider a Utility Agreement Allocation Request for Arlington Meadows Subdivision Phase 7 through 10 remaining 7 Lots for 19,950 gpd sewer and 23,940 gpd water. Recommendation – Approve the recommended utility allocation request for Arlington Meadows Subdivision Phase 7 through 10 (7 Lots) as presented and recommended. 8C. Roadway Fee-In-Lieu - Express Oil & Tire Change Purpose – To consider approval of a Roadway Fee-In-Lieu payment for roadway improvements related to the Express Oil & Tire Change in the amount of $99,100. Recommendation – Approve a total of $99,100 as payment-in-lieu for roadway improvements associated with the Express Oil & Tire Change as presented and recommended. 8D. Resolution - Preliminary Determination to Issue Revenue Bonds - Harnett Co Wastewater Plant & Southern Oaks Gravity Line Project Purpose – To consider approval of a resolution declaring the intent to issue an estimated $85 million dollars for the prorated cost of expansion of the Harnett County Wastewater treatment plant in exchange for an allocation of treatment capacity and the construction of the Southern Oaks gravity line sewer project. Recommendation – Approve the Resolution for a preliminary determination to issue an estimated $85,000,000 for the prorated expansion cost of the Harnett Wastewater Treatment Plant for capacity allocation and the construction of the Southern Oaks gravity line sewer project; and authorize staff to take all necessary actions to further the purposes of this resolution. Ø Commissioner Harris requested that Consent Agenda Item 8D be removed from the Consent Agenda for further discussion. A motion was made to approve all Consent Agenda Items 8A- 8C. MOTION Commissioner Harris SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (3-0) ITEMS REMOVED FROM CONSENT 9A (Consent Agenda Item 8-D) Resolution - Preliminary Determination to Issue Revenue Bonds - Harnett Co Wastewater Plant & Southern Oaks Gravity Line Project Purpose – To consider approval of a resolution declaring the intent to issue an estimated $85 million dollars for the prorated cost of expansion of the Harnett County Wastewater treatment plant in exchange for an allocation of treatment capacity and the construction of the Southern Oaks gravity line sewer project. Recommendation – Approve the Resolution for a preliminary determination to issue an estimated $85,000,000 for the prorated expansion cost of the Harnett Wastewater Treatment Plant for capacity allocation and the construction of the Southern Oaks gravity line sewer project; and authorize staff to take all necessary actions to further the purposes of this resolution. Commissioner Harris asked about the difference between revenue bonds and general obligations bonds. Finance Director JoAnne Crabtree stated that general obligation bonds are guaranteed by the tax base and revenue bonds will be for water a sewer projects and paid for by utility rates and fees. The revenues from the water and sewer operations are used to pay the debt. Commissioner Harris asked if fees from enterprise fund would be used to pay back the debt from the bonds that are issued. Finance Director JoAnne Crabtree stated that was correct and tax dollars would not be used to pay for it. Town Manager Mitchell stated that those revenues are a combination of water and sewer rates as well as system development fees. Mayor Massengill asked Finance Director Crabtree to confirm that this bond has nothing to do with the recent bond question on the 2023 Municipal ballot for the $60 million Parks & Recreation bond that was not approved by voters. Finance Director JoAnne Crabtree stated that was correct, and these bonds are strictly for the Harnett County Wastewater Plant and Southern Oaks Gravity Line Project. Resolution No. 23-1837  A motion was made to approve Consent Agenda Items 8D. MOTION Commissioner Harris SECOND: Commissioner Gardner MOTION RESULTS: Passed Unanimously (3-0) ADMINISTRATIVE REPORTS 10A Second Amendment Agreement - Harnett County - North Regional Wastewater Treatment Plant Expansion Purpose – To consider approval of the recommended Second Amendment Agreement between the Town of Fuquay-Varina and Harnett County. 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 provided information about the agenda item by making the following remarks. The Town of Fuquay-Varina and Harnett County currently have a wastewater conveyance and treatment capacity agreement for sanitary sewer discharged into the Towns collection system in the Cape Fear River Basin. The first agreement was executed on November 4, 2000, for a treatment capacity of 2 million gallons per day (MGD) and capacity conveyance through an interceptor line of 6 MGD. The 2 MGD agreement was executed in 2000, with the second amendment executed in 2007 for an additional 600,000 gallons per day (GPD) of treatment capacity, bringing the Town's treatment capacity total to 2.6 MGD. Harnett County has designed a 9 MGD wastewater treatment plant expansion and has asked the Town of Fuquay-Varina and the Towns of Angier and Lillington to participate. Per the second amendment agreement, the Town requests an additional 3.4 MGD of the 9 MGD (37.8%) expansion design treatment capacity. The additional 3.4 MGD brings the Town's available Cape Fear River Basin treatment capacity to 6 MGD. Per the 2000 agreement, the Town would be responsible for its proportionate cost share of the $111,376,000 project or $44,000,000. Management and staff recommend entering into the proposed second amendment agreement for an additional 3.4 MGD of wastewater treatment with Harnett County, bringing the Town's total capacity to 6.0 MGD. Both entities' management, staff, and legal counsel have worked to produce the agreement for the Town of Fuquay-Varina and Harnett County. This second amendment agreement requires the Town to pay a pro-rata portion of 3.4 million gallons per day (MGD) of the 9 MGD North Regional Wastewater Treatment Plant (WWTP) expansion or 37.8% of the construction cost. A per 1,000-gallon volumetric cost and pretreatment surcharge will be billed monthly for the Town's allocated treatment capacity of 6 MGD. Under the Town's current wastewater treatment agreement, the Town pays $2.75 per 1,000 gallons of wastewater plus any pretreatment surcharges for concentration. On November 9, 2023, Harnett County received five responsive bids, with the lowest bid being $104,121,000 by Adams Robinson for the expansion construction project. Since receiving bids, additional project costs have been added to include engineering and construction management, project contingency, legal, and administrative costs, bringing the new total project budget costs to $111,376,000. The Town's proportional cost of this project will be $44,000,000. Discussion – Mayor Massengill stated that this is expanding the existing facility for capacity as we continue to recruit additional industry and commercial growth to town. He asked about the completion timeline for this expansion. Public Utilities Director Mike Wagner stated that it would be approximately 36 to 48 months. Mayor Massengill stated that businesses are going to continue to expand, and the Town needs to be ready for commercial growth. Public Utilities Director Mike Wagner agreed with the Mayor’s statement and that this expansion is in the Cape Fear River Basin with 6 million gallons per day being the estimated build out for the Cape Fear River Basin. Director Wagner advised that the Town currently has 600,000 gallons remaining capacity and this will give the Town another 3.4 million gallons per day. Town Manager Mitchell stated that the Town previously had 2.6 million gallons per day of capacity and treatment at the Harnett County Wastewater Treatment Plant. He reported that the Town owns the infrastructure system, the line itself, and the collection system has a capacity of 6 million gallons per day. This expansion includes the 3.4 million gallons per day of expansion capacity for Fuquay-Varina that will allow the Town to fill the line up to capacity. He stated that this is a sizable investment for the community and has been talked about in great depth at Town Board Retreats and has been part of the five year long range plan for several years. He reported that this is just one piece of the larger plan and that there is still the plant expansion for the Terrible Creek Wastewater Treatment Plant which is in the Neuse River Basin. He stated that the wastewater piece as well as the Town owned internal infrastructure is part what was adopted earlier by resolution to issue revenue bonds that includes the Southern Oaks outfall line which encompasses a larger basin on the west side of the community. He reported that this is just 50% of it and then there is the water side to be mindful of. Town Manager Mitchell stated that the water capacity and water commodity is one of the most valuable commodities that a local government can secure for the community long term. He stated that all of this investment is not just for the current day but it is a long range plan for the next 30 to 40 years for the Town. Recommendation – Authorize the Town Manager to execute the Second Amendment Agreement with Harnett County for the North Regional Wastewater Treatment Plant Expansion as presented and recommended. MOTION: Commissioner Haynes SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (3-0) OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the following updates: o Finance Department – The Finance Department has begun the budget process for FY 2023-2024, and the quarterly reporting analysis is underway. o Human Resources Department – The Human Resources Department has completed 100% of the performance appraisals. The department and consultants are currently evaluating career ladder milestones for various departments. The Annual HR training is now out to town employees to be completed by Jan 15, 2024. This includes Bloodborne Pathogens, Hazard Communication, Drug-Free Workplace, Fire Safety, Active Shooter, and Workplace Behavior training. o Communications Department – The Communications Department has started the planning for the mayor’s “State of the Town” presentation, and they are working on communication strategies for the coming year. o Police Department – The Police Department is encouraging citizens to invest in Apple Air Tags or other GPS devices for their vehicles and personal items of value that might be left in vehicles. Recent investigations have been completed and arrests have been made because of this technology. o Fire Department – Due to an unexpected utility finding during excavation, the completion of Fire Station #4 has been delayed. The ribbon cutting for the new station is now trending towards January 2024. Duke Energy is working to resolve the utility conflict. Material supply chain issues have been the primary reason for the delay. The Fire Department recently did Career Ladder promotions for Logan Baker and Robbie Johnson. o Parks & Recreation Department– The Parks and Recreation Department continues to make progress on Community Center North. They recently hired Cassidy Cannada as a Recreation Program Specialist. o Arts Center – The Arts Center Spring Theatre Season will be announced in December. o IT – The IT Department has been working to get the digital plan submittal and payment tracking for rollout in early December 2023. They also have been working on revamping the project status and management software. o Public Works - The Public Works department continues with the pickup of loose leaves and the installation of Christmas decorations. They have recently promoted Kyle Norris from Street Maintenance Worker to Street Equipment Operator. o Planning Department – All the Planning Department planners now have their Zoning Official Certification. The Planning Department has been working with the IT Department to iron out any issues with digital plan submittal before the rollout. o Engineering Department – The Engineering Department has the Mill Creek/401 Intersection Operation Improvement bids out for solicitation and the stormwater assessment is underway. o Public Utilities Department – The Public Utilities Department is working to get numerous projects to construction. o Inspections Department – The Inspections Department managed the downtown demolition project. The Town’s Inspection Department is one of the very few departments in Wake County that have multiple Level 3 Inspectors. o Economic Development – The Economic Development Department is staying actively busy and continuing to focus on recruitment for new business and job creation. They along with the Inspection Department have been working with the Downtown Association on the Downtown Generational Plan and more information will be coming forward at a future meeting. They also have had interviews with different development teams on the possible future development of the site next door. The Economic Development Department is also revamping the Economic Development Strategic Plan which will be talked about more at the Town Board retreat. Town Manager Mitchell also reported that he and Mayor Massengill had a very positive meeting with the new Wake County School Superintendent – Dr. Robert P. Taylor. Management and some of the department directors met with Triangle Community Coalition  to review their annual member survey. The survey speaks about the services the Town provides to the development community. The survey shows positive feedback for Town services and some constructive feedback on how the Town can improve. He also reported that he, the Mayor, and other members of staff met with the credit rating agency Standard and Poor’s and Moody’s on credit rating for the utility credit so that when bonds are issued the Town has the best rating possible to get the lowest interest rate. He reported that tomorrow there will be a tour of Fire Station #4 with staff and some representatives from the Town of Wake Forest who are considering building a fire station. Commissioner Harris asked that in the future the Town Board be invited to the Mayor’s Roundtable Meeting with developers. 11.B The Embers Holiday Show - Fuquay-Varina Arts Center - Wednesday November 22, 2023 - 7:30 pm 11.C Christmas Tree Lighting - Downtown Fuquay-Varina - Thursday November 30, 2023 - 6:00 pm 11.D Holiday Harmony - The Fuquay-Varina Chorale - Arts Center - December 1, 2023 - 7:30 pm - December 2-3, 2023 - 3:00 pm 11.E Fuquay-Varina Chamber of Commerce - Christmas Parade - Sunday December 3, 2023 - 4:00 pm 11.F Coffee with a Cop - Bojangles - 1400 N. Main Street - Wednesday December 6, 2023 - 9:00 am - 10:30 am 11.G The Nutcracker - Arts Center - December 8, 2023 - 7:30 pm - December 9, 2023 - 11:00 am, 2:30 pm, 5:00 pm 11HL The Hall Sisters Holiday Show - Arts Center - Friday December 15, 2023 - 7:30 pm 11.I Gerald Parker Jazz Orchestra - Arts Center - Saturday December 16, 2023 - 7:30 pm 11.J Zoning Map Amendment & Land Use Plan Amendment - Brian L Jones, Design Line Studios, PLLC - 213 South West Street - PIN 0656869338 - REZ-2023-09 - (Davison) - FIRST READING 11.K Zoning Map Amendment - Judson Smith, Capital Match LLC - 498 Longfellow Street - PIN 0657609402 - REZ-2023-13 - (Davison) - FIRST READING 11.L Zoning Map Amendment & Land Use Plan Amendment - Curry Engineering - 6411 Burt Rd - PIN 0646047332 - REZ-2022-07 - (Davison) - FIRST READING BOARD MEMBER COMMENTS Commissioner Gardner stated that the BBQ & Blues event was a tremendous success, and it was great to have the new parking lot finished for the event. She reported that she attended the ribbon cutting ceremony at Lollipop Children's Boutique and that it is going to be a great asset to the community. She thanked staff for the patriotic flags and banners that have been installed during the patriotic season. Commissioner Harris stated that he always enjoys this time of the year because of all the great events that happen around Town, like the Tree Lighting ceremony and the beautiful decorations. Commissioner Haynes thanked the citizens that volunteered to help with the Pine Acres Community Thanksgiving food give away this past Saturday. The Police Department and so many other churches stepped in and helped to bless 250 families in the Fuquay-Varina area with Thanksgiving meals. He reported that he and Commissioner Harris attended the National League of Cities Conference last week and that he met and connected with so many people at the event. He stated that this year the National League of Cities will be celebrating its 100th year and they are doing a centennial road tour, and he would like for the Town to sign up as one of the stops on the tour. Mayor Pro-Tem Larry Smith was not present at the meeting. Mayor Massengill stated that this past Sunday he attended St. Augusta Church to recognize their Pastor and the Superintendent of Cumberland County Schools - Dr. Marvin Connelly, for being chosen as the North Carolina Superintendent of the Year. He reported that the Town did meet with the financial advisors last week and that the Town has a strong credit rating, and the Town is able to borrow money in the most cost-effective way. He stated that Finance Director JoAnne Crabtree did an incredible job presenting financial plans during that meeting and Public Utilities Director Mike Wagner did very well to explain the technical aspects of the various utility projects. The following items are Mayor Massengill’s past and future events: Past Events 11/7 – Meeting with Wake County Superintendent 11/8 – FV Chamber Business Exchange 11/8 – Coffee with a Cop – Chick-fil-A 11/9 – Veterans Day Breakfast 11/10 – Metro Mayor’s Call 11/11 – BBQ Blues and Brews 11/14 – FVDA Board Meeting 11/15 – FV Chamber Board Meeting 11/17 - Metro Mayor’s Call 11/17 – FV Chamber Ribbon Cutting Schell Shock Brazilian Jiu Jitsu 11/20 – Speak at FVHS DECA Club  11/20 - Wake County Mayor’s Association Meeting 11/21 – Black History Stakeholders Meeting Upcoming Events 11/22 – 2024 M.A.N.iFest Planning Meeting 11/25 – Small Business Saturday 11/29 – Inserv Corp. Industry Tour 11/30 – Wake County Systems Career Event 11/30 – Tree Lighting 12/1 - Metro Mayor’s Call 12/3 – Chamber Christmas Parade 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 8:04 p.m. MOTION: Commissioner Harris SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (3-0) RETURN TO OPEN SESSION The Town Board returned to open session at 8:37 p.m. to accept the settlement with Victory Temple Ministries and to authorize the Town Manager to execute the settlement agreement. MOTION: Commissioner Gardner SECOND: Commissioner Haynes MOTION RESULT: Passed Unanimously (3-0) ADJOURNMENT A motion was made to adjourn the meeting at 8:38 p.m. MOTION: Commissioner Harris SECOND: Commissioner Gardner MOTION RESULT: Passed Unanimously (3-0) The minutes from the November 21, 2023, Town Board of Commissioners regularly scheduled meeting are adopted this 4th day of December 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