Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting February 20, 2024 J. Blake Massengill, Mayor Marilyn Gardner, Mayor Pro-Tem The Regular Meeting of the Fuquay-Varina William H. Harris, Commissioner Bryan Haynes, Commissioner Town Board scheduled for Tuesday, February Charlie Adcock, Commissioner 20, 2024, at 7:00 p.m. was held at the Jason Wunsch - Commissioner Adam G. Mitchell, Town Manager Fuquay-Varina Town Hall, 134 N Main Street, Mark D. Matthews, Assistant Town Manager James (Jim) E. Seymour, Assistant Town Manager Fuquay-Varina, NC. 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 Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Town Attorney James Adcock, Deputy Town Clerk Teresa Wilder, IT Director Scott Clark, and various other department directors. Town Manager Adam Mitchell was on vacation. CALL TO ORDER Mayor Massengill called the meeting to order at 7:00 pm. INVOCATION AND PLEDGE Pastor Jeff Jones, Hilltop Church, provided the invocation and Fuquay-Varina Teen Council members Natalie Todd, Emmebelle Weaver, and Lynx Boyd led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Assistant Town Manager Seymour 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 February 5, 2024, Town Board of Commissioners Regular Scheduled Meeting minutes. MOTION: Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Presentation - Fuquay-Varina Teen Council Purpose – To receive an update from the Fuquay-Varina Teen Council. Staff Comments – Community Center Administrator Leslie Poole entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item and made the following remarks. The Fuquay-Varina Teen Council consists of two advisors and 58 teen members ranging from seventh grade to seniors from eight different schools in the community. The Teen Council Executive Board includes Natalie Todd - President (Fuquay-Varina High School), Emmebelle Weaver - Vice President (Fuquay-Varina High School), and Lynx Boyd - Secretary (Vernon Malone College & Career Academy). The Fuquay- Varina Teen Council meets the second Monday of each month at 6PM at the Fuquay-Varina Community Center located at 820 South Main Street. Members of the Teen Council leadership presented about their mission and service work in the community and with town departments.  Mayor Massengill thanked them for their presentation and stated they did an excellent job. 4B Recognition - Public Utilities Department Staff Purpose – To recognize Public Utilities Department employees for their recent certification achievements. 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 general information about the agenda item and made the following remarks. The State of North Carolina requires more than thirty (30) certifications and grade levels to perform various water and wastewater systems operations and maintenance. Certifications are achieved through experience and examination and are maintained annually through continuing education units. The following are Public Utility Department employees who obtained certification achievements in the last six months of 2023: - Mike Scarborough: Fundamental Supervisory Practices, UNC School of Government - Chase Mathis: Grade I Collections Operator Certification from NC Water Pollution Control System Operators Certification Commission - Chris Way: Grade III Collections Operator Certification from NC Water Pollution Control System Operators Certification Commission - Jason Roberts: Class B CDL w/tanker (first town employee trained to meet new regulations) and National Association of Sewer Service Companies (NASSCO) certified in the Pipeline Assessment Certification Program (PACP), Lateral Assessment Certification Program (LACP), and Manhole Assessment Certification Program (MACP)  - Markita MClain: Biological Wastewater Grade I Certification from NC Water Pollution Control System Operators Certification Commission - Nicholas Munch: Class "A" CDL with Tanker Endorsement - Mark Pluckhorn: Fundamental Supervisory Practices, UNC School of Government and obtained "A-Distribution" Water Distribution Operator Certification from the North Carolina Water Treatment Facility Operators Board of Certification. - James Anthony Mauldin: Class A CDL /tanker endorsement - Jason Faircloth: Tanker Endorsement These employees and their knowledge of the Town's Public Utility systems add value and benefit the Town daily. Mayor Massengill thanked everyone for continuing their education and training and stated that their department is what keeps everything flowing on the ground here in Fuquay-Varina. 4C Recognition - Advanced Roads Scholar Certification - Mar'Tice Baker Purpose – To recognize Mar'Tice Baker, Street Maintenance Supervisor, for achieving the NC State Institute for Transportation Research and Education's Advanced Roads Scholar Certification. Staff Comments – Public Works Director Tracy Stephenson 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. The Public Works Department engages the NC State Institute for Transportation Research and Education for ongoing training and professional education for its employees. The Roads scholar program includes courses like asphalt maintenance, traffic control, employee management and other topics that are important in the  management of street maintenance activities and projects. There are three levels of Roads Scholar certification: Basic Roads Scholar, Advanced Roads Scholar and Master Roads Scholar. Mar'Tice Baker has been working towards these certifications and recently achieved Advanced Roads Scholar. In order to achieve this, he first had to become a Roads Scholar by completing 7 core courses of 1-2 day duration. Once a Roads Scholar, an additional 8 courses were required to achieve Advanced Roads Scholar. Additionally, a paper explaining what he learned from his classes and how it impacts his job duties was required. Mar'Tice has been working on this certification for approximately 2 years. Some of the classes Mar'Tice completed included Trenching/Competent Person Training, Work Zone Traffic Control, Erosion Control and Stormwater Hydrology, Inspecting Curb Ramps and ADA self-evaluation, and "How to keep your agency out of court." These courses directly benefit the Town as they are topics that our Street Department encounters frequently. Mar'Tice is the first Town employee to achieve Advanced Roads Scholar. Road’s scholar classes typically cost $150 each and are budgeted annually in the Public Works Department training budget. Mayor Massengill congratulated Mar'Tice Baker on his continued education and for being the first employee to achieve the Advanced Road Scholar. 4D Recognition - NCDOT Asphalt Quality Management System Certification - Howard Bishop Purpose – To recognize Howard Bishop for recently receiving a certification in Asphalt Quality Management. Staff Comments – Engineering Director Poling 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 and made the following remarks. Howard Bishop, Jr has recently passed the North Carolina Department of Transportation (NCDOT) Asphalt Quality Management System (QMS) certification exam. This certification helps to demonstrate knowledge of asphalt mixes, design, and standard paving operations. Mayor Massengill thanked Howard Bishop for continuing his education and congratulated him on completing the Asphalt Quality Management System (QMS) certification exam. 4E Recognition - Force Science Certification - Captain Tim Smith Purpose – To recognize Captain Tim Smith for recently completing the Force Science Certification Course. 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. Captain Tim Smith is being recognized for successfully completing the Force Science Certification. To qualify, the recipient must learn and apply scientific principles to understand human behavior, particularly in high-stress situations where force may be used by law enforcement officers. The Force Science Institute, staffed by a world-class team of physicians, behavioral scientists, attorneys, and other leading professionals, offers comprehensive training programs designed to enhance officers' understanding of human dynamics, decision-making processes, and physiological responses during critical incidents.  Captain Smith was the first Police Department employee to enroll in the course in May 2023, and successfully complete the course in February 2024. In today's challenging law enforcement landscape, continuous learning and adaptation are essential. Captain Smith's commitment to advancing his knowledge in Force Science reflects his dedication to serving and protecting the community with the utmost professionalism and competence. Mayor Massengill thanked Captain Tim Smith for continuing his education and for being the first employee to receive the Force Science Certification. PUBLIC COMMENTS 5A No one chose to speak during public comments. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the February 20, 2024, Town Board meeting. PUBLIC HEARINGS 7A Fiscal Year 2024-2025 Budget – Pre-Budget Public Input Hearing Purpose – To receive comments from the public regarding matters related to the development of the Town’s Fiscal Year 2024-2025 Budget. 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 provided general information about the agenda item and made the following remarks. The Town of Fuquay-Varina staff is in the beginning stages of developing a proposed operating and capital budget for Fiscal Year 2024-2025. The purpose of the public hearing is to solicit and receive input and feedback from the community regarding priorities and specific programs and initiatives that the public would like for the Town Board and management to consider during the budget development process. The public is encouraged to offer input regarding projects, priorities, level of service, and fees. The public hearing is a courtesy that the Town Board extends to the public, however, is not a requirement prescribed by North Carolina General Statutes. The intent is for the Governing Board to consider the information provided, and afford the Board the opportunity to provide direction to staff as it pertains to the formulation of the annual budget plan. In addition to this public hearing, the Town is seeking input from the public by accepting comments through the Let's Talk FV Community Engagement tool. The survey was promoted on the Town's website and social media pages. The survey went live on January 12 and will be available for Town residents to respond to through February 20. Management recommends holding the public hearing to receive input for development of the upcoming budget. Public Hearing – The public hearing was opened. No one spoke to provide input for the development of the Town’s Fiscal Year 2024-2025 Budget. The public hearing was closed. Discussion – Mayor Massengill stated that there are still ways that the public can be involved with the Town Budget with public hearings, future budget workshops, or emailing the Town Board, management, or Finance Department. Assistant Town Manager Mark Matthews stated that there have been several comments that have been received online and that they will be taken into consideration as the budget is developed. Recommendation – No action was recommended. The purpose of this hearing is to receive public comment in advance of developing the FY 2024-2025 Recommended Budget. 7B Voluntary Annexation Petition - Kenneth Allen Property - 1833 NC 42 Hwy, Willow Spring - PIN 0687002196 - ANX-2024-01 Purpose – To consider an annexation ordinance extending the corporate limits of the Town of Fuquay-Varina following receipt of a petition for voluntary annexation of property located at 1833 NC 42 Hwy, Willow Spring owned by the Kenneth Allen, PIN 0687002196, containing approximately 0.65 acres, and to approve the related Annexation Agreement. Staff Comments – Planning Director Pam Davison entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. She then provided general information about the agenda item and made the following remarks. The property is non-contiguous to the Town's corporate limits, containing 0.65 acres. A fire flow test was conducted, resulting in 2,228 GPM. Sewer is not available to the property. The subject property will be served with Town sanitation and recycling services. At the February 5, 2024, meeting, the Town Board instructed the Town Clerk to investigate the sufficiency of the applicant's petition for voluntary annexation. The Town Clerk certified at that time that the petition was sufficient and met the requirements prescribed by the North Carolina General Statutes. The Town Board also adopted a resolution setting a public hearing for the February 20, 2024, Town Board meeting. Public Hearing – The public hearing was opened. No one spoke in favor or in opposition to the voluntary annexation. The public hearing was closed. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Adopt the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by Kenneth Allen (ANX-2024-  01) and to approve the Declaration of Annexation Agreements as presented and recommended. Ordinance No. N-24-04 MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8A. Special Event Application, Temporary Extension of Premises and Amplified Sound Permit - Fainting Goat - St. Baldrick Cornhole Tournament - March 17, 2024 Purpose – To consider the approval of a special event permit application, temporary extension of premises, and amplified sound permit request for the Fainting Goat - St. Baldrick Cornhole Tournament on March 17, 2024. Recommendation – Approve a special event application, temporary extension of premises, and amplified sound permit request for the Fainting Goat - St. Baldrick Cornhole Tournament as presented and recommended. 8B. Special Event, Temporary Extension of Premises, and Amplified Sound Permit Application - Fainting Goat - St. Baldrick Bald For A Cause 2024 Fundraiser - March 24, 2024 Purpose – To consider a special event application, temporary extension of premises, and amplified sound permit request for the St. Baldrick Bald For A Cause 2024 Fundraiser at the Fainting Goat Brewery scheduled for Sunday, March 24, 2024, as presented and recommended. Recommendation – Approve the special event, temporary extension of premises, and amplified sound permit request for the St. Baldrick Bald For A Cause 2024 Fundraiser at  Fainting Goat Brewery scheduled for Sunday, March 24, 2024, as presented and recommended. 8C. Budget Amendment - Recognizing Insurance Proceeds - Public Works - $33,285 - BA- 24-26 Purpose – To consider approval of budget amendment BA-24-26, which recognizes $33,285 in insurance proceeds for the repair of Sanitation Unit 37. Recommendation – Approve Budget Amendment BA-24-26 recognizing insurance proceeds for the repair of Sanitation Unit 37 as presented and recommended. 8D. Water Shortage Response Plan Resolution Purpose – To consider adoption of a Resolution approving the Town of Fuquay-Varina 2024 Water Shortage Response Plan. Recommendation – Adopt the resolution approving the Town of Fuquay-Varina 2024 Water Shortage Response Plan as recommended and presented. Resolution No. 24-1845 8E. Voluntary Annexation Petition - Keith Brothers Farm, 2412 Belvinwood Drive - Portion of PIN 0668110908 - ANX-2024-02 Purpose – To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition and adopt a resolution setting a public hearing for March 4, 2024, following the receipt of a petition for voluntary annexation of property owned by Keith Brothers Farm, containing a total of approximately 2.38 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 March 4, 2024 for property owned by Keith Brothers Farm - ANX-2024-02 as presented and recommended. Resolution No. 24-1846 Resolution No. 24-1847 8F. Voluntary Annexation Petition - ITAC 497, LLC / City Plat, 1009 Bridge Street - PIN 0657527271 - ANX-2024-03 Purpose – To consider the adoption of a resolution instructing the Town Clerk to investigate an annexation petition and adopt a resolution setting a public hearing for March 4, 2024, following the receipt of a petition for voluntary annexation of property owned by ITAC 497, LLC / City Plat, containing a total of approximately 5.686 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 March 4, 2024, for property owned by ITAC 497, LLC / City Plat, LLC - ANX-2024-03 as presented and recommended. Resolution No. 24-1848 Resolution No. 24-1849 8G. Roadway Fee-In-Lieu – Providence Oaks Subdivision (Phase 2 & 3) Purpose – To consider approval of a Roadway Fee-In-Lieu payment for roadway improvements related to the Providence Oaks Subdivision (Phase 2 & 3) in the amount of $138,880.72. Recommendation – Approve a total of $138,880.72 as fee-in-lieu for roadway improvements associated with the Providence Oaks Subdivision (Phase 2 & 3) as presented and recommended. 8H. Resolution - Supporting Abandonment of a Portion of Fleming Road (SR1103) by the NCDOT Purpose – To consider the adoption of a resolution supporting NCDOT's abandonment of a prescriptive maintenance easement for a portion of Fleming Road. Recommendation – Adopt a resolution supporting the abandonment of maintenance by NCDOT of a portion of Fleming Road (SR1103) from the end of the existing cul-de- sac right of way, which is approximately 0.08 miles east of Lakehurst Road, extending approximately 0.07 miles and contains all areas to which the prescriptive easement may apply and to the extent contained in any deed of conveyance that is on the public record but unable to be located. Resolution No. 24-1850 A motion was made to approve all Consent Agenda Items 8A- 8H. MOTION Commissioner Haynes SECOND: Mayor Pro-Tem Gardner 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 Contract Approval - FY 2024 Audit - Cherry Bekaert, LLP Purpose – To consider approval of year two of a three year audit proposal with Cherry Bekaert, LLP. 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 provided information about the agenda item by making the following remarks. An RFP for auditing services was issued for the Town and sent to 29 LGC prequalified firms in early 2023. On February 20, 2023, there were 5 proposals received. Staff evaluated firms based on responsiveness, understanding of the audit requirements, technical experience and cost criteria. Points were given for each criteria and the firm best meeting the Town's expectations for experience, audit approach and cost requirements was determined to be Cherry Bekaert, LLP. Pricing for a three year term was approved in 2023 and this contract represents the 2nd year of the pricing term. The proposed audit fee reflects a base amount of $62,500 for FY 2024. In addition to the base charge there is an additional charge of $5,500 for any Single Audits required, in excess of 2. This is approval of a one year contract with pricing for one additional year subject to annual contract approval. The amount for the FY 2024 audit is included within the FY 2024-2025 Recommended Budget. Discussion – Mayor Massengill stated that the Finance Department has always done a good job with having an unqualified opinion from the Audit. Recommendation – Approve the second year of a three year proposal for auditing services with Cherry Bekaert, LLP for Fiscal Year Ending 2024 and authorize acceptance of the engagement letter as presented and recommended. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) 10B Southern Oaks Gravity Sewer Phase I - Resolution to Condemn Purpose – To consider adoption of a resolution instructing the Town Attorney to begin condemnation proceedings for the following public utility easements for the Southern Oaks sewer outfall project: PIN 0655859992 (0.787 acres), PIN 0655777394 (0.506 acres), PIN 0655788874 (0.288 acres), PIN 0655785769 (0.598 acres), PIN 0655796346 (0.548 acres), PIN 0656613123 (0.083 acres and 0.001 acres), PIN 0656612073 (0.137 acres and 0.013 acres), and PIN 0656614103 (0.086 acres). 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 Gravity Sewer Project will increase sewer collection capacity in the western part of the Town in the Cape Fear River Basin. In addition, this project will take two existing pump stations offline. The project is scheduled for completion in March 2025. Project costs include preliminary engineering, right-of-way acquisition, and construction costs. The project is broken out into three construction phases. Phase I construction is from Wagstaff Road to the Wake and Harnett County line and the existing sewer outfall. Phase II is from Wagstaff Road to north of Phelps West Road, and Phase III is from Coley Farm Road south to the Southern Oaks Pump Station. To complete this project, permanent and temporary construction easements are required from eight (8) private properties. Town staff engaged Telecommunications & Industrial Consulting Service (TELICS) to initiate the right-of-way acquisitions process according to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). Due to the small monetary values involved, TELICS prepared valuations for the properties. TELICS successfully contacted and settled several properties. Despite numerous efforts to settle, PIN 0655859992 (0.787 acres permanent easement), PIN 0655777394 (0.506 acres permanent easement), PIN 0655788874 (0.288 acres permanent easement), PIN 0655785769 (0.598 acres permanent easement), PIN 0655796346 (0.548 acres permanent easement), PIN 0656613123 (0.083 acres and 0.001 acres temporary easement required), PIN 0656612073 (0.137 acres and 0.013 acres temporary easement required), and PIN 0656614103 (0.086 acres permanent easement) properties, TELICS was unable to settle, and an appraisal was ordered. At this time, the Town must take action to secure the property to complete the project on time. The only remedy available to the Town is the condemnation process. The condemnation process allows the Town to move the project forward while protecting the property owner's rights under the Uniform Act, which calls for the condemned property owner to be compensated fairly for their property as the public gravity sewer project moves forward. As a reminder, the condemnation process will comply with the Uniform Act, which requires that the Town pay fair market value to the property owner, which is established by a third-party appraisal and could ultimately be resolved through mediation and a judge if there is a difference of opinion on appraised value. While every property owner will be justly compensated, the Town's responsibility to the taxpayer means that the Town will not pay above fair market value. The eminent domain process protects the public's and property owners' interests while allowing critical infrastructure projects like this one to proceed. Town Staff recommends authorizing the Town Attorney to begin the condemnation process for the permanent and temporary construction easements on PIN 0655859992 (0.787 acres permanent easement), PIN 0655777394 (0.506 acres permanent easement), PIN 0655788874 (0.288 acres permanent easement), PIN 0655785769 (0.598 acres permanent easement), PIN 0655796346 (0.548 acres permanent easement), PIN 0656613123 (0.083 acres and 0.001 acres temporary easement), PIN 0656612073 (0.137 acres and 0.013 acres temporary easement), and PIN 0656614103 (0.086 acres permanent easement). While staff and management do not take the condemnation process lightly, management recommends adopting the attached condemnation resolution as the only viable option to move this project forward. Funding for easement acquisition for the property has been budgeted and will be deposited in escrow if a condemnation is exercised. In the case of a voluntary acceptance, the Town would pay the property owner at closing like any other real estate purchase. Discussion – There was no discussion from the Town Board.  Recommendation – Adopt the resolution authorizing the Town Attorney to proceed with the condemnation proceedings in order to acquire the necessary permanent and temporary public utility easements - PIN 0655859992 (0.787 acres permanent easement), PIN 0655777394 (0.506 acres permanent easement), PIN 0655788874 (0.288 acres permanent easement), PIN 0655785769 (0.598 acres permanent easement), PIN 0655796346 (0.548 acres permanent easement), PIN 0656613123 (0.083 acres and 0.001 acres temporary easement), PIN 0656612073 (0.137 acres and 0.013 acres temporary easement), and PIN 0656614103 (0.086 acres permanent easement) for the Southern Oaks Gravity Sewer construction project. Resolution No. 24-1851 MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) 10C Resolution - BL-0022 Downtown Varina Pedestrian Project Condemnation Purpose – To consider adoption of a resolution instructing the Town Attorney to begin condemnation proceedings for a temporary construction easement and public drainage easement on 919 Ransdell Road as needed for the Downtown Varina Pedestrian Project (LAPP Project No. BL-0022). Staff Comments – Engineering Director Matt Poling 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. LAPP Project No. BL-0022 project funding includes costs associated with the preliminary engineering, right-of-way acquisition, and construction. To complete this project, temporary construction easements (TCEs), public drainage easements (PDEs), and right-of-way (ROW) are required from twenty-four (24) private properties. Town staff engaged Telecommunications & Industrial Consulting Service (TELICS) to initiate the right-of-way acquisitions process according to the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). Despite numerous efforts to contact the property owner of 919 Ransdell Road, TELICS could not establish communication, and an appraisal was ordered. This property requires A TCE and PDE as part of the streetscape improvement project. This initial step of condemnation is required to keep the project on schedule if the property owner cannot be reached. At this time, the Town must take action to secure the property to complete the project on time, delivering improvements that the public expects without losing the benefit of Federal funding. The only remedy available to the Town is the condemnation process. The condemnation process allows the Town to move the project forward while protecting the property owner's rights under the Uniform Act, which calls for the condemned property owner to be compensated fairly for their property as the public transportation project moves forward. As a reminder, the condemnation process will comply with the Uniform Act, which requires that the Town pay fair market value to the property owner, which is established by a third-party appraisal and could ultimately be resolved through mediation and a judge if there is a difference of opinion on appraised value. While every property owner will be justly compensated, the Town's responsibility to the taxpayer means that the Town will not pay above fair market value. The eminent domain process protects the public's and property owners' interests while allowing critical infrastructure projects like this one to proceed. Town Management recommends authorizing the Town Attorney to begin the condemnation process for the temporary construction and public drainage easements on 919 Ransdell Road as needed for the Downtown Varina Pedestrian Project (LAPP Project No. BL-0022). While staff and management do not take the condemnation process lightly, management recommends adopting the attached condemnation resolution as the only viable option to move this project forward.  Funding for right-of-way acquisition for the property has been budgeted and will be deposited in escrow if a condemnation is exercised. In the case of a voluntary acceptance, the Town will pay the property owner at closing similar to standard real estate purchases. Discussion – Mayor Massengill asked when this project would be completed. Engineering Director Poling stated that it should be complete late summer or fall but probably not before school starts. Recommendation – Approve the resolution instructing the Town Attorney to begin condemnation proceedings for a temporary construction easement and public drainage easement on 919 Ransdell Road as needed for the Downtown Varina Pedestrian Project (LAPP Project No. BL-0022). Resolution No. 24-1852 MOTION: Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Manager’s Report o The Town Board Strategic Planning Retreat was a productive and successful couple of days. A tremendous amount of information and topics were covered. The primary focus was given to utility infrastructure (to address capacity and system integrity) and transportation improvements. The Town Board also covered quality of life (to include parks, greenways, and arts facilities), downtown vitality, economic development initiatives, land planning, future facility needs, stormwater, public safety, public works maintenance, human capital, and updates to the Town’s strategic plan. Management appreciates the feedback and vision established by the Town Board as it will be instrumental in assisting management to develop proposals for both the FY 25 operating budget and 2025-2029 Five Year Operating and Capital Plan. The FY 25 Budget Workshop is scheduled for April 22nd. o Communications Department – The Communication Department is working on the final preparation for the State of the Town video and themes are being explored for the FY 25 budget video. o Finance Department – The Finance Department staff continues to refine and educate departments on modernized standards related to procurement procedures and department meetings are soon to occur with management to review departmental budget proposals. o Economic & Downtown Development Department - FVDA Candy Hop- The Candy Hop will be held on Saturday, March 23rd from 10 am - 2 pm. The Downtown Candy Hop is rain or shine, and citizens can visit local businesses along Main and Broad Streets, collect some candy, and hang out with the Easter Bunny and Spring Chick. o Public Utilities Department – The Public Utilities Department is actively recruiting two professional engineers with water and/or sewer design and construction experience. The bid openings for the Sanford Water Filtration Facility Expansion project will be occurring over the next two weeks. o Police Department – The Police Department has two police officer vacancies and two sworn applicants in the hiring process, if hired it will fill all sworn vacancies. They also have one Telecommunicator vacancy with nine applicants and will start coordinating with HR to set up initial interviews. They are also participating in a book drive “Wake up and Read” until February 28th with new and gently used books being accepted at the police department. o Parks and Recreation Department – The Parks and Recreation Department have hired Nicholas Miller and David Barbour as Park Maintenance Workers. o Public Works – The Public Works Department has hired Talbbous Sanders as Sanitation Equipment Operator position. He starts February 26th. o Fire Department – The Fire Department had one Career Ladder move - Robbie Johnson from Senior Firefighter to Fire Engineer. o Arts Center – The Arts Center has the following events: String Queens this week, birthday celebration March 7-9, 3/7 Legacy of Jazz with Shana Tucker, 3/8 Gerald Parker Jazz Orchestra, 3/9 ArtisTree & Beatlesque. 11.B Financial Quarterly Report - 2nd Quarter FY 2024 11.C State of the Town Address – March 4, 2024 - Town Hall Board Room - 6:30 pm 11.D Painting with a Cop - Crazy Glaze - 1322 N. Main Street - Wednesday, March 6, 2024 - 6:30 - 8:00 pm 11.E Ribbon Cutting - Fire Station #4 - Thursday, March 21, 2024 - 2:00 pm - 4821 Wade Nash Road 11.F Zoning Map Amendment & Land Use Plan Amendment - City Plat LLC - 1009 Bridge Street - PIN 0657527271 - REZ-2024-01 - (FIRST READING) - (Davison) BOARD MEMBER COMMENTS Commissioner Harris stated that he had no comments. Commissioner Adcock stated that he had no comments. Commissioner Wunsch stated that he had no comments. Commissioner Haynes stated that he was excited to see the Fuquay-Varina Teen Council be reestablished again and have 58 members. He thanked management and staff for all their hard work on a great well informed Town Board Retreat. He reported that he has been appointed to two councils for the National League of Cities Race Equity and Leadership Council and Small Cities Council. He also thanked all who participated in the Black History Program and Landmark Tour this past Saturday and thanked Commissioner Harris, Ms. Simmons and longtime residents for moderating a panel of storytelling. Mayor Pro-Tem Gardner stated that the Town Board Retreat was well planned and provided lots of information to help make decisions about the direction to take next year. She reported that she attended the Fuquay-Varina Downtown Association Board Retreat, and they have several exciting events planned for the downtown core. She stated that she has attended several ribbon cuttings, and it is exciting to see new businesses coming to our Town. She reported that she enjoyed the Black History celebration, and it was a great event. Mayor Massengill thanked everyone for all their hard work in the Town Board Retreat. He stated that a variety of topics were discussed, and the public will be able to see in the coming budget workshop that a variety of infrastructure related type needs in the community. The following items are Mayor Massengill’s past and future events: Past Events 2/6 – TCC 2024 Annual Meeting 2/6 – Chamber Connect 2/7 – Chamber Ribbon Cutting – Turpentine Design 2/7 – Herbert Akins Middle School Fund Raiser – Harlem Wizards 2/8 – Chamber Ribbon Cutting – Bradley’s Yoga & Fitness 2/10 – Police Department Blood Drive – Walmart 2/13 – FVDA Board Meeting 2/14 – Chamber Business Exchange – First National Bank 2/14 – Coffee with a Cop – Right Meow 2/15 – Chamber Ribbon Cutting – Kneaded Escapes 2/19 – Wake County Mayors Association Meeting Upcoming Events 2/21 – Chamber Board Meeting 2/21 – CAMPO Executive Board Meeting 2/21 – Chamber Business After Hours 2/22 – Black History Stakeholders Meeting 2/23 – Community Leaders Meet & Greet Luncheon – The Church of Jesus Christ Latter Day Saints 2/29 - Leap of Kindness Day – Chamber of Commerce 2/29 – Chamber Ribbon Cutting – K & Co Studio 3/1 – Read Across America 1st & 2nd Grade – Lincoln Heights 3/1 – Read Across America 2nd Grade – Herbert Akins  3/4 – State of the Town ADJOURNMENT A motion was made to adjourn the meeting at 8:02 p.m. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) The minutes from the February 20, 2024, Town Board of Commissioners regularly scheduled meeting are adopted this 4th day of March in the year 2024 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Teresa Wilder, Deputy Town Clerk