Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting January 2, 2024 J. Blake Massengill, Mayor Marilyn Gardner, Mayor Pro-Tem William H. Harris, Commissioner The Regular Meeting of the Fuquay-Varina Town Bryan Haynes, Commissioner Board scheduled for Tuesday, January 2, 2024, at Charlie Adcock, Commissioner Jason Wunsch - Commissioner 7:00 p.m. was held at the Fuquay-Varina Town Hall, Adam G. Mitchell, Town Manager 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 Marilyn Gardner, Commissioners William Harris, Bryan Haynes, Charlie Adcock, and Jason Wunsch. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Deputy Town Clerk Teresa Wilder, IT Director Scott Clark, and various other department directors. Town Attorney James Adcock was absent due to illness. CALL TO ORDER Mayor Massengill called the meeting to order at 7:00 pm. INVOCATION AND PLEDGE Mayor Pro-Tem Marilyn Gardner provided the invocation and Police Chief Brandon Medina 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 January 2, 2024, Town Board of Commissioners Regular Scheduled Meeting minutes with corrections noted by Commissioner Harris. MOTION: Commissioner Adcock SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Presentation - Advanced Law Enforcement Certification - Officer Bryan Williscroft Purpose – To recognize Officer Bryan Williscroft for recently earning the North Carolina Criminal Justice Education and Training Standards Commission Advanced Law Enforcement Certificate. 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 general information about the agenda item and made the following remarks. Officer Bryan Williscroft is being recognized for recently earning the North Carolina Criminal Justice Education and Training Standards Commission Advanced Law Enforcement Certificate. To qualify for the Advanced Law Enforcement Certificate, the recipient must  have obtained various levels of job-related training, and/or a combination of secondary school degrees. Officer Williscroft started his Law Enforcement career with the WakeMed Police Department in April 2016. He worked as an officer for a year before becoming an Officer in Charge supervising a squad and working as a Field Training Officer. In February 2022, Officer Williscroft left the WakeMed Police Department and continued his law enforcement career with the Fuquay-Varina Police Department. Since joining the FVPD, Officer Williscroft has served as a patrol officer on David Squad, where he continues to serve today and trains new officers as a Field Training Officer. For the past two years, he has successfully organized an annual Mental Health Awareness Event, which brings together several area resources for all Fuquay-Varina community members to benefit from. Officer Williscroft earned a Bachelor of Science in both Criminal Justice and Psychology from Rutgers University. He earned his Intermediate Law Enforcement Certificate from the North Carolina Criminal Justice Education & Training Standards Commission in May 2018 before earning this Advanced Law Enforcement Certificate. Mayor Massengill thanked Officer Williscroft for furthering his education. He also thanked Police Chief Medina for supporting continuing education in his department. PUBLIC COMMENTS 5A Elizabeth Parent, 904 Oldwyck Drive, stated that she would like for the Town Board to discuss matters at the Town Board Retreat as it relates to education, housing, commuting, and transparency. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the January 2, 2024, Town Board meeting. PUBLIC HEARINGS 7A There were no public hearings for the January 2, 2024, Town Board meeting. CONSENT AGENDA 8A. There were no consent agenda items for the January 2, 2024, Town Board meeting. ITEMS REMOVED FROM CONSENT 9A There were no items removed from the Consent Agenda for separate consideration. ADMINISTRATIVE REPORTS 10A Resolution - Pre-Qualification Policy Purpose – To consider approval of a resolution to establish procedure and criteria for pre- qualification of bidders on construction or repair projects using certain construction methods for the Town as authorized by NCGS 143-135.8. 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 provided information about the agenda item by making the following remarks. The NC General Statutes Chapter 143 Article 8 establishes legal requirements for Public Contracts in North Carolina and all its public entities. Specifications are required for each of the four branches of work; HVAC, Plumbing & Gas, Electrical, and all others. All construction and repair contracts must be awarded by one of the eight methods authorized by general statute. Each contract shall be awarded to the lowest responsible, responsive bidder, taking into consideration quality, performance, the time specified in the bids for performance of the contract, and compliance with G.S 143-128.2 without substitution. In order to evaluate bidders as responsible and responsive, the statutes allow pre-qualification of bidders for projects using specific construction methods if the governmental entity has adopted a pre- qualification policy, assessment tool, and criteria. The intent of the pre-qualification policy is to give uniform procedures to determine if potential bidders have the skill, judgment, integrity, sufficient financial resources for the full performance of all duties and obligations due under the terms of the contract. Pre- qualification of potential bidders saves time during the bid award process since only the pre- qualified bidders are considered responsive. Pre-qualification applies to individual projects and begins with the advertisement from the Town requesting qualifications for the specific project. Notices shall be posted on the NC Interactive Purchasing System (IPS), HUB website and Town website for a minimum of 15 full days. Discussion – Mayor Massengill asked if this policy was inline with state statues and requirements for bidding. Finance Director JoAnne Crabtree stated that was correct. Commissioner Harris asked how this would impact the town doing business with Historically Underutilized Businesses (HUB). Finance Director Crabtree stated that it will not exclude Historically Underutilized Businesses and will make it more inclusive as certain contracts will be mandated to be advertised on the HUB website. Assistant Town Manager Mark Matthews stated that statutes require the Town to make a good faith effort to engage historically underutilized businesses and this policy specifies how the Town of Fuquay-Varina will do that. Commissioner Harris asked if he could refer those who ask about town contracts to the HUB website so they can make sure that they are aware of any contractual opportunities in Fuquay-Varina. Finance Director Crabtree stated that was correct. Resolution No. 24-1842  Recommendation – Approve the Resolution to adopt the Pre-Qualification Policy as presented and recommended. MOTION: Commissioner Wunsch SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) 10B Contract Award - T.A. Loving Company - Southern Oaks Gravity Sewer Project Phase II and Project Ordinance Amendment (POA-24-13) Purpose – To consider a project ordinance amendment recognizing revenue bond proceeds for the Southern Oaks Gravity Sewer project and award a design-build Phase II construction contract in the amount of $27,010,115 to T.A. Loving Company for the Southern Oaks Gravity Sewer Project. 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 Southern Oaks Sewer Basin conveys sanitary sewer in the Cape Fear River Basin for Town sewer customers. Robust growth in the service area requires an increase in conveyance capacity in this sewer basin. The upsizing of the system is required to accommodate long- term capacity needs. This project proposes to design and construct (design-build) necessary upgrades, permitting, easement acquisition, construction of a gravity outfall, and decommissioning the Hwy 42 and Southern Oaks pump stations. T.A. Loving Company was selected to undertake this design-build project. The project will take no more than 18 months to complete construction. Project Ordinance Amendment (POA-24-13) is to recognize revenue bond proceeds used to fund the Southern Oaks Gravity Sewer Project. Town management and staff recommend approving the Phase II construction contract between the Town and T.A. Loving Company and the project ordinance amendment (POA-24-13) as presented and recommended, subject to Town Attorney review and Local Government Commission approval. On June 5, 2023, the Town Board approved the design phase of the design-build services for the TA Loving Company construction company for the Southern Oaks Gravity Sewer Project. The Guaranteed Max Price (GMP) for the construction phase of the design-build service has been determined to be $27,010,115. The proposed Project Ordinance Amendment POA-24- 14 is to recognize bond sale proceeds of $27,800,523 to fund the Town's cost of construction and administrative costs for this project. The additional $790,408 of bond proceeds to be recognized above the approved $27,010,115 construction costs include additional costs associated with issuing bonds, legal fees, and Local Government Commission fees. Discussion – Mayor Massengill asked for confirmation that a guaranteed maximum price caps risk for the town but if the subcontractor bids for work come in lower the Town can benefit from those savings. Public Utilities Director Mike Wagner stated that was correct. Recommendation – Approve Project Ordinance Amendment (POA-24-13) and Contract Award for T.A. Loving Company related to construction of the Southern Oaks Gravity Sewer Project Phase II, as presented and recommended subject to Town Attorney review and Local Government Commission approval as to form. Ordinance No. N-24-01 MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Harris MOTION RESULTS: Passed Unanimously (5-0) 10C Project Ordinance Amendment (POA-24-14) - Harnett County Wastewater Treatment Plant Expansion Project Purpose – To consider a project ordinance amendment (POA-24-14) recognizing revenue bond proceeds for the Harnett County Regional Wastewater Treatment Plant expansion project. 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 Cape Fear River Basin. The Town's current treatment capacity in Harnett County's WWTP system is 2.6 MGD. Harnett County has designed a 9 MGD wastewater treatment plant expansion project and has asked the Town of Fuquay-Varina to participate. The Town has requested an additional 3.4 MGD of capacity, bringing the Town's total treatment capacity in the Cape Fear River Basin up to 6.0 MGD. On November 21, 2023, the Town Board approved the Second Amendment Agreement between the Town of Fuquay-Varina and Harnett County for the 3.4 MGD capacity expansion for $44,000,000. The 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. The total project budget cost for this expansion project is $111,376,000. The Town's proportional cost of this project will be $44,000,000. The proposed Project Ordinance Amendment POA-24-14 is to recognize bond sale proceeds of $44,520,182 to fund the Town's pro-rata funding participation in the project. The additional $520,182 of bond proceeds to be recognized above the approved $44,000,000 construction  costs includes additional costs associated with issuing bonds, legal fees, and Local Government Commission fees. Discussion – There was no discussion from board members. Recommendation – Approve Project Ordinance Amendment (POA-24-14) as presented and recommended subject to Town Attorney review as to form and Local Government Commission approval as to form. Ordinance No. N-24-02 MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Manager’s Report Town Manager Mitchell mentioned that the Town Board approved a couple of project ordinances amendments and the clearance of bonds for some very large capital projects and these projects will be tracked over the next two years. He reported that there will be more of these coming for future meetings for water, wastewater, and transportation projects. Town Manager Adam Mitchell gave the additional following updates: o Parks and Recreation - The Community Center North continues to progress with underground utilities installed and two-thirds of the concrete slab have been poured. The remaining slab will be poured this week. He reported that structural steel will be delivered to the site by mid-January and vertical construction should begin by the end of the month weather permitting. Spring Youth Sports registration for town residents  will begin on January 8th and will be limited due to capacity and residents should register during the registration period to minimize their chance of being turned away. o Public Works – The Public Works Department will begin to remove the Christmas lights from the poles, and this will take two weeks to complete. o Fire Department – The Fire Department has three new recruits that started today for their two-week orientation before being assigned to a shift and they will formally be introduced to the Town Board at the January 16, 2024, Town Board meeting where they will have their badge pinning ceremony. They are Sawyer Gaskin, Jackson Lee and James Smith. The Fire Department ended the year with 5,754 calls, which was 7 more calls than the previous year. The engineering for the four new fire engines has been completed and will go into production. The tentative date for completion and delivery is August 2024. o Police Department – The Police Department is going to host Barton College senior Hunter Saws for a nonpaying 480-hour internship which will begin on January 10 th. This internship will allow Hunter to see the applications of methods that he learned in school and explore criminal justice as a career field even further. They have also hired one police applicant to attend BLET and are sponsoring another one as well to attend BLET starting mid-January. They are also moving forward with at least 2 other applicants that are currently BLET certified and employed at other agencies. o Planning Department – The Planning Department has had almost 50 applicants for the vacant Code Compliance Officer position. o Public Utilities – The Public Utilities Department is working on bids for several waterline projects by the end of January including the waterline replacement project on Ransdell Road before construction of the sidewalk project. 11.B Project Status Report – January 2024 11.C Coffee with a Cop - First National Bank - 210 N. Main Street - Wednesday January 10, 2024 - 9:00 am - 10:30 am 11.D Rev. Dr. Martin Luther King, Jr. Celebration – Cultural Arts Society of Fuquay-Varina – January 15, 2024 - 9:30 am 11.E Friends with Wisdom - Windsor Point Retirement Community - 1221 Broad Street - Wednesday, January 17, 2024 - 9:00 - 10:00 am 11.F Arts Center - Eduardo's Noche Flamenco 2024 - Saturday January 27, 2024 - 7:30 pm 11.G Arts Center - On the Border--The Ultimate Eagles Tribute Band - Saturday February 3, 2024 - 7:30 pm BOARD MEMBER COMMENTS Commissioner Harris had no comments. Commissioner Adcock stated that he is looking forward to Coffee with a Cop at First National Bank on Wednesday, January 10th. He stated that there was a lowering of flags today for Sergeant Nix who was killed, and he reported that these are the dangers of the job. He stated that Fuquay-Varina has a great police force and he thanked Police Chief Brandon Medina for promoting education and training in the department. Commissioner Wunsch echoed what Commissioner Adcock stated about the Fuquay-Varina Police Department. He also mentioned that Fuquay-Varina was recognized as the safest town in North Carolina, and he congratulated the Police Department for making the Town a safe place to live, work and play. He reported that Mayor Massengill is having a birthday on Thursday and wished him a Happy Birthday in advance. Commissioner Haynes thanked everyone who helped with the employee Christmas luncheon, which was a great event. He also thanked all the businesses, volunteers and community police who help with the food giveaway at Pine Acres. He stated that they gave food to over 200 families in Town. He wished everyone a Happy New Year. Mayor Pro-Tem Gardner wished everyone a Happy New Year. Mayor Massengill stated that the Bridge Street Bridge Project that was mentioned previously in the meeting by a citizen is scheduled for replacement by NCDOT in 2025/2026. He reported that he received an email from a citizen who needed some help with their water bill and Denise Oakley in the Finance Department did an excellent job in communicating with the citizens in regard to what was going on with their bill. He mentioned about being the number one safest Town in North Carolina and in previous years the Town had been in the top 10 for a few years and he is very proud of what the Police Department is doing to keep the citizens safe. The following items are Mayor Massengill’s past and future events: Past Events 12/20 – Chamber Board Meeting 12/20 – NCDOT Meeting 12/22 – Metro Mayor’s Call Upcoming Events 1/5 – Metro Mayor’s Call 1/8 – Women’s Club Award 1/9 – FVDA Board Meeting 1/10 – FV Chamber Business Exchange Breakfast 1/10 – FV Chamber Board Retreat 1/14 – Judge Chili Cookoff Benefiting SUNICA  1/15 – Dr. MLK Jr. March & Program 1/15 – Wake County Mayors Association Meeting 1/16 – FV Chamber Ribbon Cutting – Equity Resources ADJOURNMENT A motion was made to adjourn the meeting at 7:37 p.m. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) The minutes from the January 2, 2024, Town Board of Commissioners regularly scheduled meeting are adopted this 16th day of January in the year 2024 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Rose H. Rich, Town Clerk