Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting July 8, 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 Monday, July 8, 2024, at 7:00 Charlie Adcock, Commissioner Jason Wunsch - Commissioner p.m. was held at the Fuquay-Varina Town Hall, 134 Adam G. Mitchell, Town Manager Mark D. Matthews, Assistant Town Manager N Main Street, Fuquay-Varina, NC. James (Jim) E. Seymour, Assistant Town Manager Teresa Wilder, 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 Jim Seymour, Town Attorney James Adcock, Town Clerk Teresa Wilder, IT Director Scott Clark, and various other department directors. Assistant Town Manager Mark Matthews was on vacation. CALL TO ORDER Mayor Massengill called the meeting to order at 7:00 pm. INVOCATION AND PLEDGE Rev. Ben Pearce, Fuquay-Varina Baptist Church provided the invocation, and IT Systems Administrator Patrick Petty 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 Page. APPROVAL OF MINUTES 3A The June 18, 2024 Town Board of Commissioners Regular Scheduled Meeting. MOTION: Commissioner Wunsch SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Administration of Oath of Office - Eva Mayfield - Deputy Town Clerk Purpose – For Mayor Massengill to administer the Oath of Office to Eva Mayfield for the Deputy Town Clerk position. 4B Presentation - Hilltop Needmore Town Park Community Center - Construction Update Purpose – To receive an update on the construction of the Hilltop Needmore Town Park Community Center. Staff Comments – Parks and Recreation Director Cox entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks.  The Hilltop Needmore Town Park Community Center is a 76,950 square foot multigenerational facility that will be located at 4525 Hilltop Needmore Road. The community center will offer a number of quality-of-life amenities that include three gymnasiums that will provide the opportunity for basketball, volleyball and pickleball, two racquetball courts, a suspended walking track, program spaces that include a teaching kitchen, flex/multi-purpose rooms, arts and crafts room and an exercise/weight room. In addition, the community center includes an active adult wing that offers a lounge, exercise studio, flex/multi-purpose rooms, arts and crafts room, and a gathering corridor. The Hilltop Needmore Town Park Community Center groundbreaking ceremony was held on September 15, 2023, and completion of the project is anticipated in early 2025. During this presentation, Parks, Recreation, and Cultural Resources Director Jonathan Cox shared a video illustrating construction progress for the community center. Mayor Massengill stated that this project has been a fast paced project from the start. The Hilltop Needmore Town Park Community Center will open in early 2025 with an indoor walking trail, active adult component, and pickleball courts. Commissioner Wunsch stated that it was a good looking building with all the windows. 4C Recognition - Officer Williscroft - Crisis Intervention Team (CIT) Awards Purpose – To recognize Officer Bryan Williscroft for his recent receipt of two Crisis Intervention Team (CIT) awards.  Staff Comments – Acting Police Chief Tim Smith 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. Officer Bryan Williscroft was recently awarded two Crisis Intervention Team (CIT) awards. On June 12, 2024, Officer Williscroft received the state-level CIT Officer of the Year Award from the National Alliance on Mental Health (NAMI) NC for his exceptional work in creating Mental Health Awareness events. On June 20, 2024, he was honored with a second CIT award, presented by NAMI Wake. Mayor Massengill thanked Officer Williscroft for his continued training and having opportunities to help the community with mental awareness. Commissioner Harris congratulated him for the continued support in mental awareness in the community and that he also is aware of the challenges in mental awareness as he has worked years in that field. 4D Presentation - Certified Government CIO Program Graduation Recognition - Patrick Petty Purpose – To recognize Patrick Petty, IT Systems Administrator, for his recent completion and graduation from the UNC School of Government Certified Government Chief Information Office program. Staff Comments – IT Director Scott Clark entered the agenda abstract and supporting documents for this agenda item into the official record of the Town. He then provided information about the agenda item by making the following remarks.  The CGCIO™/CeCTO™ program is the first local government-specific program for CIOs in the nation, which began in 2005. Patrick Petty is one of the forty local government, state agency, community college, and K-12 education IT leaders in the state of North Carolina who successfully completed the course this year. Over the course of its existence, the CGCIO™/CeCTO™ program has graduated over 2,000 public sector technology leaders across the nation. Mayor Massengill thanked Mr. Petty for taking the opportunity to continue his education and bring back opportunities for Fuquay-Varina. PUBLIC COMMENTS 5A Emily Holloway, 312 Angier Road spoke on road issues in the downtown area. Mayor Massengill reported that the staff is working on most of the concerns regarding road issues in the downtown area. ITEMS PREVIOUSLY TABLED 6A There were no items previously tabled for the July 8, 2024, Town Board meeting. PUBLIC HEARINGS 7A Water and Wastewater System Development Fee Analysis Report and Fee Schedule Ordinance Purpose – To hold a public hearing and consider adoption of the Water and Wastewater System Development Fee Analysis prepared by Stantec and consider adopting an ordinance amending the FY 2024 - 2025 Fee Schedule to reflect the recommended revised Water and Wastewater System Development Fees. 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. Stantec recently performed a Water and Wastewater System Development Study on behalf of the Town pursuant to NCGS § 162A, Article 8. This statute specifies that a written analysis must be performed to calculate System Development Fees (SDFs) based on specified criteria. To meet the requirement of the General Statute, the Town employed Stantec, a professional engineering and financial consulting firm, to complete an SDF analysis. Stantec's May 9, 2024, analysis calculated a maximum residential unit fee of $4,929 for a 3/4-inch water line and $4,490 for a 3/4-inch wastewater line. This calculation recommends a $1,017 increase to the water SDF, bringing the total water SDF to $4,929 from its current rate fee of $3,912, and a $599 increase to the sewer SDF bringing the total sewer SDF to $4,490, from its current rate of $3,891. Stantec also recommends an increase to the Town's non-residential SDF 3/4" 1", 1.5", 2", 3", 4", 6", and 8" water and sewer lines. Before considering adopting the professional analysis, House Bill 436 requires that a local governmental unit post the SDF analysis on its webpage for public review and comment for a minimum of 45 days. The analysis was posted on the Town's website on May 22, 2024, and no comments were received through the 45-day posting period ending on July 6, 2024. After the period for posting expires, a public hearing is required before adopting the SDF analysis with any modifications or revisions. This public hearing was scheduled for July 8, 2024, after which the Town Board may consider any potential modifications based on comments provided during the public hearing or adopt the analysis as presented. Management and staff recommend that the Town Board adopt the System Development Fee Analysis as presented and recommended. If the System Development Fee Analysis is adopted, the new water and wastewater SDFs will be adopted as part of the recommended FY 2025 Budget—Amended Fee Schedule during the July 8, 2024, Town Board meeting. Stantec's Water and Wastewater System Development Fee Analysis recommends an increase of $1,017 to the 3/4-inch water line system development fee and $599 to the 3/4-inch sewer line system development fee for residential dwelling units. This increase brings the current residential water SDF from $3,912 to $4,929 and residential sewer SDF from $3,891 to $4,490 per dwelling unit. The non-residential system development fees have also been recommended for an increase. The water and wastewater SDF increase supports the expansion of water and wastewater utilities and infrastructure. SDFs are used to establish supplemental sources of funding for future capital projects and debt service. Implementing SDFs helps mitigate existing customers' need to pay for system expansions through increased user rates. Public Hearing – No one spoke in favor or opposition of the water and wastewater system development fee analysis report and fee schedule ordinance. Discussion – Mayor Massengill stated a rate analysis has been done and this is a program that follows state law and allows for the Town to legally charge developers the maximum that the Town can charge. Public Utilities Director Wagner stated that was correct.  Recommendation – Adopt the Water and Wastewater System Development Fee Analysis and associated ordinance amending the FY 2024 – 2025 Fee Schedule as presented and recommended. Ordinance No. N-24-19 MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) 7B Voluntary Annexation Petition - Donald H. Buffaloe - a portion of 7453 Kennebec Road, Willow Spring - PIN 0676965255 - ANX-2023-14 - (Davison) - (ITEM TO BE TABLED) 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 7453 Kennebec Road, Willow Spring owned by the Donald H. Buffaloe, PIN 0676965255, containing approximately 47.309 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 applicant is requesting that consideration of this item be tabled to the August 5, 2024, Town Board meeting. The present total value of the property is $1,259,313.  Public Hearing – The public hearing was opened and continued to the August 5, 2024 Town Board meeting. Discussion – There was no discussion from members of the Town Board regarding this matter. Recommendation – Continue the public hearing and table consideration of the annexation ordinance to extend the corporate limits of the Town of Fuquay-Varina to include property owned by the Donald H. Buffaloe (ANX-2023-14) and the Declaration of Annexation Agreements to the August 5, 2024, Town Board Meeting, per the request of the applicant. MOTION: Commissioner Wunsch SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) 7C Voluntary Annexation Petition - Tingen Broadwell Family LLC & Cairo LLC - 6195, 6199, & 6209 Johnson Pond Road - PIN's 0677285616, 0677295473, & 0677294137 - ANX-2024-05) 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 6195, 6199, & 6209 Johnson Pond Road owned by the Tingen Broadwell Family LLC & Cairo LLC, PIN's 0677285616, 0677295473, and 0677294137, containing approximately 9.449 acres. 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 9.449 acres. A fire flow test was conducted, resulting in 1,648 GPM. Town water and sewer are currently available to the property. The subject property will be served with Town sanitation and recycling services. At the June 18, 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 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 July 8, 2024, Town Board meeting. The present total value of the property is $273,880 Public Hearing – Wayne Mauldin, 139 N. Main Street spoke in favor of the voluntary annexation petition. No one spoke in opposition to the voluntary annexation petition. 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 the Tingen Broadwell Family LLC & Cairo LLC (ANX-2024-05) as presented and recommended. Ordinance No. N-24-20 MOTION: Commissioner Haynes SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) CONSENT AGENDA 8A. FY 2025 Capital Project Ordinances and Project Ordinance Amendments Purpose – To recommend the approval of Project Ordinances and Project Ordinance Amendments to establish funding for new capital projects and increase funding for existing capital projects, as outlined in the FY 2025 Adopted Budget Ordinance and recommended by management and staff. Recommendation – Approve Project Ordinance and Project Ordinance Amendments as presented and recommended. Ordinance No. N-24-21 Ordinance No. N-24-22 Ordinance No. N-24-23 Ordinance No. N-24-24 8B. Budget Amendment - State Grant and School Resource Officer (SRO) - Additional Reimbursement Revenue - Police Department - BA-25-01 Purpose – To approve a budget amendment to recognize two State grants, additional reimbursement revenue for School Resource officers (SROs) for fiscal year 2024-25. Recommendation – Approve the attached budget amendment as presented and recommended. 8C. Voluntary Annexation Petition - Abiel LLC, 604 & 608 Sage Court - PINs 0665273452 & 0665274499 - ANX-2024-07 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 August 5, 2024, following the receipt of a petition for voluntary annexation of properties owned by Abiel LLC, property containing a total of approximately 2.1 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 August 5, 2024 for property owned by Abiel LLC - ANX-2024-07 as presented and recommended. Resolution No. 24-1871 Resolution No. 24-1872 8D. Voluntary Annexation Petition - Royal Bluffs LLC, - A Portion of 7316 Ten Ten Road - a portion of PIN 0780601378 - ANX-2024-08 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 August 5, 2024, following the receipt of a petition for voluntary annexation of property owned by Royal Bluffs, LLC, property containing a total of approximately 5.451 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 August 5, 2024 for property owned by Royal Bluffs, LLC - ANX-2024-08 as presented and recommended. Resolution No. 24-1873 Resolution No. 24-1874 8E. Resolution – Highway 55 and James Slaughter Intersection Improvements Project Condemnation Purpose – To consider adoption of a resolution instructing the Town Attorney to begin condemnation proceedings for a temporary construction easement on a property owned by the Wake County Housing Authority, located at 102 Decker Drive as needed for the Highway 55 and James Slaughter Intersection Improvements Project. Recommendation – Approve the resolution instructing the Town Attorney to begin condemnation proceedings for a temporary construction easement on the property owned by the Wake County Housing Authority, located at 102 Decker Drive as needed for the Highway 55 and James Slaughter Intersection Improvements Project. Resolution No. 24-1875 8F. FY 25 Pay Grade and Position Classification Schedule Purpose – To consider adoption of a revised pay grade and position classification schedule for FY 2025. Recommendation – Adopt the FY 2025 pay grade and position classification schedule as presented and recommended. 8G. Sole Source Procurement - Odor Control Chemicals - Public Utilities Purpose – To consider adoption of a resolution exempting the Town from formal bidding requirements associated with the purchase of odor control chemicals used at sewer pump stations since price competition is not available for reactiveFCX.  Recommendation – Approve a resolution in order to sole source the procurement of reactiveFCX, an odor control chemical manufactured, sold, and distributed by Cape Fear Water Solutions, Inc. Resolution No. 24-1876 8H. Second Supplemental Agreement for Additional Funds - Kroger National Opioids Settlement Purpose – To consider authorizing the Town Manager to execute a supplemental agreement pertaining to proceeds from a new national opioids settlement. Recommendation – Authorize the Town Manager to execute the second supplemental agreement for additional funds and execute any documents related to the allocation of opioid settlement funds and settlement of lawsuits related to this matter. 8I. Contract Award - Structured Cabling Services - Hilltop Needmore Town Park Community Center Project - Intellicom Inc. - $47,458.96 Purpose – To consider a proposal from Intellicom to install structured cabling in the new Hilltop Needmore Town Park Community Center. The proposed structured cabling system will support phones, security cameras, Wi-Fi, and desktop computers. Recommendation – Approve a contract award for the Hilltop Needmore Town Park Community Center project to Intellicom Inc. in the amount of $47,458.96 for structured cabling services as presented and authorize the Town Manager to execute a contract with Intellicom Inc., subject to Town Attorney review as to form. 8J. Contract Award - Access Control System for Hilltop Needmore Town Park Community Center Project - Carolina Video and Security - $90,744 Purpose – To consider a proposal from Carolina Video and Security in the amount of $90,744, to install all equipment and support the access control system in the new Hilltop Needmore Town Park Community Center. Recommendation – Approve a contract award for the Hilltop Needmore Town Park Community Center Project to Carolina Video and Security for installation of the Access Control System in the amount of $90,744 as presented and authorize the Town Manager to execute a contract with Carolina Video and Security, subject to Town Attorney review as to form. 8K. Resolution - Town Personnel Policy Amendment Purpose – To consider adoption of a resolution that amends the Town of Fuquay-Varina Personnel Policy. Recommendation – Adopt the resolution amending the Town of Fuquay-Varina Personnel Policy as presented and recommended. Resolution No. 24-1877 A motion was made to approve all Consent Agenda Items 8A- 8K. MOTION Commissioner Adcock 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 Award – Judd Parkway SE at Angier Road Intersection Improvements Project Purpose – To consider approving a project ordinance amendment POA-25-01 for $1,500,000 and awarding a contract in the amount of $1,448,242 to Cardinal Civil Contracting, for the construction of intersection improvements at the intersection of Judd Parkway SE and Angier Road. 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 then provided information about the agenda item by making the following remarks. The Town’s Engineering Department prepared bid packages for intersection improvements at Judd Parkway SE (SR-2768) and Angier Road (SR-2770). This project will upgrade the road infrastructure, including improvements to the pavement, drainage, signals, and pedestrian facilities. The Engineering Department prepared formal bid packages for this project and received three bids from licensed contractors on June 27, 2024. A public bid opening was held at the John W. Byrne Municipal Building, where each bid was publicly opened and read aloud. Cardinal Civil Contracting was the low bidder at $1,448,242. The project is expected to take 270 days and will be completed by Fall 2025. Town staff recommends awarding a contract for the project to Cardinal Civil Contracting for $1,448,242 and authorizing the Town Manager to execute the contract on behalf of the Town, subject to the Town Attorney’s review as to form. This project is part of the 2021 Transportation Bond Projects. Bond funding is expected to be issued by September 2024. At this time, the Town is appropriating Capital Project fund balance with the intent to reimburse this project's cost of $1.5 million from bond proceeds. The Town needs to give notice to proceed before bonds will be issued. This amendment will adjust the total budget for this project to $1.8 million which includes the project's design and constructions costs. Discussion – Mayor Massengill stated that this intersection has been problematic with several safety concerns and traffic that backs up so this project will be an improvement. Mayor Massengill asked when the project would be completed. Engineering Director Poling stated that the project will start in late August and will be completed in about 12 months. Recommendation – Approve POA-25-01 for $1,500,000 and award a contract to Cardinal Civil Contracting in the amount of $1,448,242 and authorize the Town Manager to execute the contract on behalf of the Town for the Judd Parkway SE at Angier Road Intersection Improvements Project, subject to the Town Attorney’s review as to form. Ordinance No. N-24-25 MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) 10B Resolutions and Project Ordinance Amendment (POA-25-03) - Sanford Water Filtration Facility Funding - ARPA and State Revolving Funds and Revenue Bonds Purpose – To consider resolutions accepting American Rescue Plan Act funds and State Revolving Funds (SRF) and a project ordinance amendment (POA-25-03) recognizing revenue bond proceeds for the Sanford Water Filtration Facility 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 then provided information about the agenda item by making the following remarks. On July 10, 2023, the Town Board approved entering into an Interlocal Agreement (ILA) and Construction Management Agreement (CMA) with the City of Sanford, the Town of Holly Springs, and the Town of Pittsboro for the expansion, management, and operation of the City of Sanford Water Filtration Facility (WFF). The City of Sanford owns and operates the Sanford WFF, originally constructed in 1970 with a capacity of 6 million gallons per day (mgd). In 1990, the plant was expanded to 12 mgd. The WFF has seen an increase in demand rapidly approaching the plant's maximum capacity. As a result, the City of Sanford has been in discussions with neighboring municipalities to purchase water for their growing communities. The City of Sanford, with participation from the Town of Fuquay-Varina, the Town of Holly Springs, and the Town of Pittsboro, have completed the Preliminary Engineering Report and Design for the expansion of an additional 18 mgd of capacity for a total upgraded system capacity of 30 mgd. The additional expansion capacity is allocated as follows: - Sanford - 5 mgd - Pittsboro - 3 mgd - Fuquay-Varina - 6 mgd - Holly Springs - 4 mgd The Interlocal Agreement (ILA) and Construction Management Agreement (CMA) are the result of joint efforts between each participating jurisdiction's Town Managers, Town Attorneys, Public Utility Directors, Finance Directors, Financial Advisors, and Bond Attorneys, with advice from the Local Government Commission. The ILA and CMA are codifying each participating jurisdiction's obligations throughout the project's construction, including contract management and fiscal responsibilities. After several months, bids were successfully received for the expansion project and individual costs for each partner have been determined. To fund the Town's portion of the project, staff worked diligently to find alternate funding sources through the State Revolving Fund, American Rescue Plan Act Fund, State Appropriations, and Revenue Bonds. As a requirement of approving the acceptance and assurances of the funding, the governing body must adopt resolutions, authorizing Town Representatives as officers to execute the funding agreements. The Interlocal Agreement with the City of Sanford, Town of Holly Springs, and Town of Pittsboro requires the Town of Fuquay-Varina to pay a pro-rata portion of 6.0 million gallons per day (MGD) of the 18 MGD Sanford Water Filtration Facility (WFF) expansion. The total project budget cost for this expansion project is $390,677,679. The Town's proportional cost of this project will be $135,204,371. The proposed Project Ordinance Amendment POA-25-03 is to recognize bond sale proceeds of $65,910,000, SRF proceeds of $54,000,000, ARPA proceeds of $9,000,000, and State Appropriation proceeds of $6,200,000 to fund the Town's pro-rata funding participation in the project. Discussion – There was no discussion from members of the Town Board regarding this matter.  Recommendation – Adopt the American Rescue Plan Act and State Revolving Funds (SRF) acceptance resolutions and approve Project Ordinance Amendment (POA-25-03) as presented and recommended subject to Town Attorney review as to form and Local Government Commission approval as to form. Resolution No. 24- 1878 Resolution No. 24- 1879 Ordinance No. N-24-26 MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) 10C Interlocal Agreement - Sanford Water Filtration Facility Conveyance Line - Town of Fuquay-Varina and Town of Holly Springs Purpose – To consider approval of the Interlocal Agreement between the Town of Fuquay-Varina and the Town of Holly Springs for the construction, operations, maintenance, and ownership of the Sanford Water Filtration Facility conveyance line. 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. The City of Sanford owns and operates the Sanford Water Filtration Facility (WFF), which is being constructed to expand from a capacity of 12 million gallons per day (mgd) to 30 mgd. The Town of Fuquay-Varina has entered into an Interlocal Agreement (ILA) with the City of Sanford, the Town of Holly Springs, and the Town of Pittsboro for this expansion project. In September 2022, the Town of Fuquay-Varina and the Town of Holly Springs entered into a design & engineering Memorandum of Understanding (MOU) for a transmission conveyance line to transport water from Sanford to each entity's water distribution system. The Town of Fuquay-Varina and the Town of Holly Springs will now enter into an ILA for the construction, operations, maintenance, and ownership of the conveyance line. The ILA details a cost-sharing arrangement for construction, operations, maintenance, and ownership to convey potable water from the Sanford WFF to Fuquay-Varina and Holly Springs. According to this ILA, these jurisdictions will mutually share in the construction costs for the cumulative conveyance of up to 16 mgd of water. Each entity's incremental capacity allocation determines each jurisdiction's cost participation requested from the total 16 mgd in the water conveyance line. The ILA also includes directions for the conveyance line's booster pump stations and separate costs related to the infrastructure needed to connect to each jurisdiction's water distribution systems. Of the 16 mgd of capacity in the conveyance line, the Town of Fuquay-Varina is requesting ownership of ten (10) mgd of capacity allocation (62.5%), with the Town of Holly Springs requesting ownership of the remaining six (6) mgd of capacity allocation (37.5%). The term of this agreement is ninety-nine (99) years from the date of execution with an option to renew for another 99 years at the end of the initial 99 year term. The total cost to design and engineer the 16 mgd conveyance line is $6,545,077, of which the Town of Fuquay-Varina will pay a pro-rata cost share of $4,136,565 for its portion of the requested capacity allocation. The Town of Holly Springs will pay a pro- rata share of $2,408,588. The total conveyance line construction cost is estimated at $142,447,951, of which the Town of Fuquay-Varina will pay approximately $90,073,296 for its portion of the requested capacity allocation and infrastructure needed to connect to its water distribution system. The Town of Holly Springs will pay approximately $52,374,655 of this cost for their share of capacity allocation and connection to their distribution system. Staff will return with final construction costs once the project bids are received in early 2025. As it pertains to conveyance line ownership, operations, and maintenance of the 16 mgd conveyance line, the Town of Fuquay-Varina is requesting ten (10) mgd of capacity allocation (62.5%), with the Town of Holly Springs requesting the remaining six (6) mgd of capacity allocation (37.5%). Although the Town of Fuquay-Varina is initially only receiving 6 mgd as part of the Sanford WFF expansion project, the 10 mgd ownership capacity the Town of Fuquay-Varina is purchasing in the conveyance line allows Fuquay- Varina to seek an additional 4 mgd of water capacity in the future. The design and construction percentage cost share differs from the conveyance line ownership percentage costs share because Fuquay-Varina's distribution connection into Hwy 55 and its water distribution system is longer than Holly Springs connection into their distribution system. Town Management, Finance Directors, Public Utility Directors, and Town Attorneys for the Town of Fuquay-Varina and Town of Holly Springs have worked together to draft and review the conveyance line ILA. The Town of Fuquay- Varina received a $28,600,000 state grant appropriation secured by State Representative Erin Pare to assist in the funding of the conveyance line project. Discussion – Mayor Massengill stated that the Town has received $28.6 million for this project, and it is the largest amount of money the Town has received for any one single project. Recommendation – Approve the Interlocal Agreement between the Town of Fuquay- Varina and the Town of Holly Springs as presented and recommended and authorize the Town Manager to execute the agreement as presented and recommended subject to Town Attorney review as to form.  MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) 10D Bond Order - $75,000,000 - 2024 B Utility Revenue Bonds Purpose – To consider approval of the Bond Order to issue up to $75,000,000 in Water and Sewer Revenue Bonds for the Sanford Water Plant Expansion and other Water System Improvements. Staff Comments – Finance Director JoAnne Crabtree 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. After many years of collaboration with the City of Sanford, Holly Springs, and Pittsboro, the regional Sanford Water Expansion project is finally ready for construction. The City of Sanford has taken on the responsibility of the Pittsboro portion of the project. All jurisdictions have individually and jointly met with LGC staff over the last year with the expectation of LGC approval. All jurisdictions will sell bonds during the month of July and each Finance Director will be responsible for the management of the funding of this project. The City of Sanford will take the lead on contract management and payment. As construction begins, all payments will be funded by the proportionate share. Holly Springs & Fuquay-Varina will transfer funds to the City of Sanford monthly. This Resolution is the final Bond Order from the Board authorizing the Town Manager and Finance Director to issue the 2024 B Utility Revenue Bonds in the amount not to exceed of $75,000,000 on behalf of the Board and execute all documents and tasks required for this purpose.  Discussion – Commissioner Adcock asked how the bond rating agencies will view the Town taking on this much debt. Town Manager Adam Mitchell stated that back in November staff met with the rating agencies regarding the investments that were planned through the CIP with water and sewer over the next 10 years and they affirmed the Town’s ratings with both Standard and Poor’s and Moody’s. He reported that last week Moody’s upgraded the Town’s general obligation bond rating to Aaa, limited obligation bond rating to Aa1 and have affirmed the utility revenue bond rating at Aa2. He stated that very few communities (16 only) in North Carolina have both AAA (Aaa) bond ratings from dual rating agencies. He thanked Bob Jessup and staff for all their hard work in the rating agencies viewing favorably and that the Town has an excellent plan of action on how to afford to pay the debt service from these borrowings. Mayor Massengill stated that this was great news to have those ratings and that it helps the Town to borrow money at the cheapest rates by having the high ratings from Standard and Poor’s and Moody’s. Recommendation – Approve the attached Bond Order and Series Resolution authorizing the issuance of up to $75,000,000 in Water & Sewer Revenue Bonds for the Sanford Water Plant Expansion and other water system improvements. Resolution No. 24-1880 MOTION: Commissioner Wunsch SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) OTHER BUSINESS 11A Manager’s Report Town Manager Adam Mitchell gave the additional following updates: o Engineering – The Engineering Department is currently advertising for the NC 55 and James Slaughter Road intersection improvements. The bids will be opened on July 25th and will be presented to the Town Board on August 5th. o Public Utilities – The Public Utilities Department is working on the SW Judd waterline loop which is progressing well and hope to bore the final leg and make the connection into West Academy Street over the next two weeks. The Ransdell Road waterline replacement is in progress. The contractor has an approved NCDOT detour plan between North Street and Bengal Blvd. over to Stewart Street and business and residents will have access. o Public Works – The Street Department has hired Elijah Dennis and Jared Harris as collector and equipment operator. The Powell Bill annual report was submitted to NCDOT and has been accepted. The Town has added 6 miles of streets. o Police Department. – The Police Department had a career ladder advancement for Officer Derrick Willson from Police Officer I to Police Officer II. The Mayor swore in Officers Hannah Borsack and Ethan Henderson today. o Human Resources – The Human Resources Department has hired Robin Savage as HR Analyst. The department has recently completed open enrollment and all the changes related to payroll last week. o Last week the Fuquay-Varina Chamber of Commerce had a ribbon cutting for WakeMed Medical Office Building. The event was fantastic and Mayor Pro-Tem Gardner did a great job delivering remarks on behalf of Mayor Massengill and the Town. o MANifest events in recognition of Juneteenth were well attended. Town Manager Mitchell congratulated the MANifest Planning Committee on their successful events and thanked the Arts Center staff for working with the planning committee to assist with ensuring the events at the Arts Center were put on in a professional manner. 11.B Police Department - Friends with Wisdom - Universal Healthcare of Fuquay-Varina - 410 Judd Parkway - Wednesday July 10, 2024 - 2:00 - 3:00 pm 11.C Police Department - Cornhole Tournament - Fundraiser for Special Olympics - Saturday July 13, 2024 - Registration 8:30 am - Tournament 9:00 am - Southern Wake Sports Academy - 6109 NC-55 Hwy 11.D REMINDER: July 16, 2024 Town Board Meeting – CANCELED 11.E Ice Cream Social - Sunday July 21, 2024 - 4:00 - 6:00 pm - Fuquay Mineral Spring Park 11.F National Night Out Against Crime - Fuquay-Varina Police Department - Tuesday August 6, 2024 - 4:00 - 8:00 pm 11.G Zoning Map Amendment - Bluff Valley Contracting, LLC - 626 W Academy Street - PIN 0656572439 - REZ-2024-07 - (FIRST READING) - (Davison) 11.H Zoning Map Amendment & Land Use Plan Amendment - The Curry Engineering Group, PLLC - a Portion of 7316 Ten Ten Road - a Portion of PIN 0780601378 - REZ- 2024-08 - (FIRST READING) - (Davison) 11.I Zoning Map Amendment - Josh Swindell, Envision Homes, LLC - A Portion of 1500 Ballentine Dairy Road, A Portion of 1521 Randall Farm Road, 1540 Randall Farm Road, 0 Sunset Lake Road, & 1528 Randall Farm Road - A Portion of PIN 0667579263, A Portion of PIN 0667660540, PINs 0667672061, 0667675121, & 0667664856 - REZ- 2023-16 - (FIRST READING) - (Davison) 11.J 2040 Comprehensive Transportation Plan Update - Town of Fuquay-Varina - CTA- 2024-04 - (FIRST READING) - (Davison) BOARD MEMBER COMMENTS Commissioner Harris asked if all the municipalities in Wake County will be able to receive the opioid settlement funds. Town Manager Mitchell stated that for Wake County to be eligible to receive the funds it requires the municipalities in the county to sign on. He reported that Wake County will be the recipient of the opioid settlement funds and will make the determination on how those funds are dispersed whether they give any money to the municipalities or whether they initiate county programs to benefit the communities at large within Wake County remains to be seen. He stated that Wake County as part of their recent fiscal year 25 budget allocated several million dollars towards opioid prevention programs that any Wake County citizens can benefit from but are not necessarily funds funneling down to the individual municipalities to set up their own programs. Commissioner Adcock thanked staff for all their hard work whether it be for $75 million water bonds or road improvements to help the Town continue to move forward. Commissioner Wunsch stated that he echoed with Commissioner Adcock, and this was an exciting time. He reported that the fireworks at the Independence Day Celebration were phenomenal and there were a lot of positive comments from the community about how great they were. He reported that Fuquay-Varina has a resident that will compete in the Olympics in Paris - Perris Benegas as a woman’s BMX freestyle athlete. Commissioner Haynes stated that MANifest was a wonderful event. He thanked the Police Department for supporting the walk from Pine Acres to Joyce’s Restaurant and back. He reported that the Growers Market kicked off their summer food program Saturday, June 22nd for young kids to be able to receive free meals every Saturday while out of school. He stated that the Independence Day Celebration was amazing. He reported that he was on the radio station WPTF about two weeks ago talking about the Fuquay-Varina budget and why people should move to the Town. He thanked staff for all they do each day and is excited about the road improvements that were approved tonight. Mayor Pro-Tem Gardner stated that she was excited to hear about the ratings from Moody’s for the Town to be upgraded to Aaa. She reported that tonight was a big night to kick off a lot of projects that have been in the works for a while, especially the regional water project. Mayor Massengill thanked Parks and Recreation, Police and Fire Departments for all their hard work on the Independence Day Celebration. He asked if Parks and Recreation had a number on how many people attended. Parks and Recreation Jonathan Cox stated they were still working on a number, but he would estimate around 12,000 – 15,000 people attended. The following items are Mayor Massengill’s past and future events: Past Events 6/20 – FVEDC Board Meeting 6/20 – Chamber Ribbon Cutting -FV Medical Park Wake Med 6/20 – Chamber Business After Hours 6/22-23 – Manifest Weekend 6/24 – Chamber Ribbon Cutting - Mane Envy Salon 6/25 – Real Estate Roundtable 6/26 – NC Metro Mayors Meeting 6/26 – Chamber Ribbon Cutting – Betty & Jane 7/1 – Independence Day Celebration – Southpark 7/3 – Coffee with a Cop – Meridian at Broad Apartments Upcoming Events 7/9 – FVDA Board Meeting 7/10 – Chamber Business Exchange 7/12 – NC Metro Mayors Meeting 7/13 – Police Department Fund Raiser – Cornhole Tournament  7/16 – Chamber Ribbon Cutting – El Lobo 10 year anniversary 7/17 - Chamber Board Meeting 7/17 – Library Commission Meeting 7/17 – CAMPO Meeting 7/18 – Chamber Business Afterhours 7/19 – NC Metro Mayors Meeting 8/1 – NC Metro Mayors Meeting CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a)(3) - Attorney Client Privilege, 143-318.11 (a)(4) Economic Development, and 143-318.11 (a)(5) Property Acquisition Real Estate. A motion was made to conduct a closed session meeting at 8:12 p.m. MOTION: Commissioner Adcock SECOND: Commissioner Haynes MOTION RESULT: Passed Unanimously (5-0) RETURN TO OPEN SESSION The Town Board returned to open session at 9:40 p.m. with nothing to reporting out. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) ADJOURNMENT A motion was made to adjourn the meeting at 9:40 p.m. MOTION: Commissioner Wunsch SECOND: Commissioner Haynes MOTION RESULT: Passed Unanimously (5-0) The minutes from the July 8, 2024, Town Board of Commissioners regularly scheduled meeting are adopted this 5th day of August in the year 2024 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Teresa Wilder, Town Clerk