Board of Commissioners

Fuquay-Varina Town Board Meeting Minutes Book - Page Fuquay-Varina Town Board Meeting December 17, 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, December 17, Charlie Adcock, Commissioner Jason Wunsch - Commissioner 2024, at 7:00 p.m. was held at the Fuquay-Varina Adam G. Mitchell, Town Manager Mark D. Matthews, Assistant Town Manager Town Hall, 134 N Main Street, Fuquay-Varina, NC. James (Jim) E. Seymour, Assistant Town Manager Teresa Wilder, Town Clerk James S. Adcock, III, Town Attorney Mayor Blake Massengill, Mayor Pro-Tem Marilyn Gardner, Commissioners William Harris, Bryan Haynes, Charlie Adcock, and Jason Wunsch were in attendance. Also in attendance were Town Manager Adam Mitchell, Assistant Town Manager Mark Matthews, Assistant Town Manager Jim Seymour, Town Attorney James Adcock, Town Clerk Teresa Wilder, IT Director Scott Clark, and various other department directors. CALL TO ORDER Mayor Massengill called the meeting to order at 7:00 pm. INVOCATION AND PLEDGE Division Fire Chief Buddy Walters provided the invocation, and Firefighter Stephen Butts led the Pledge of Allegiance. VIRTUAL MEETING PROTOCOL Town Manager Mitchell reviewed the meeting protocol, noting that it was in-person and live- streamed on the Town’s YouTube Channel and Facebook Page. APPROVAL OF MINUTES 3A The December 2, 2024, Town Board of Commissioners Regular Scheduled Meeting. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Massengill MOTION RESULTS: Passed Unanimously (5-0) PRESENTATIONS 4A Proclamation Recognition - Fire Department New Hires - Badge Pinning Purpose – To introduce two new firefighters who were recently hired to fill vacancies. The Fuquay-Varina Fire Department recently completed a Firefighter hiring process to fill two vacant firefighter positions and have hired Garrett Butts and Michael Conniff. Both firefighters have limited volunteer and career firefighter experience in other departments. Still, they impressed the hiring panel with their enthusiasm and strong desire to work for the Town of Fuquay-Varina. Garrett Butts, who lives just outside Fuquay-Varina in Harnett County, will be a third- generation career firefighter with the Town. He is a certified firefighter and will take the NC State EMT test in January 2025.  A Fuquay-Varina resident, Michael Conniff is a 2024 Wake County Fire Academy graduate. He honorably served 20 years in the U.S. Army and has worked with the Fairview Rural Fire Department since graduating from the Fire Academy. These new firefighters completed their Orientation Period on Friday, November 15, 2024, and have now been assigned to a shift. Mayor Massengill administered the Oath. He then welcomed them to Fuquay-Varina and thanked them for choosing to work for the best fire department in the world. 4B Employee Recognition - Lieutenant Michael MacDonald and Sergeant Daryl Plante Purpose – To recognize two police department employees who recently completed professional development training programs. Lieutenant Michael MacDonald is recognized for recently completing the North Carolina Justice Academy’s Leadership Institute. To complete the North Carolina Justice Academy’s Leadership Institute, participants must complete a 3-week, 120-hour course designed to empower and cultivate the next generation of leaders within the criminal justice field. It offers a comprehensive curriculum focused on leadership development, strategic planning, and innovative problem-solving techniques tailored specifically for professionals working in law enforcement. This program is a requirement for Completing the NCJA Leadership Certificate Program. Sergeant Daryl Plante is being recognized for completing the West Point Leadership Program.  To complete the West Point Leadership Program, the participant must complete a three-month, 102-hour course examining and integrating leadership in the organization from four perspectives: the individual, the group, the leader, and the organization. This course is the same as required of all United States Military Academy cadets in their third year of study. The program emphasizes practical, ethical, and transformational leadership practices. Mayor Massengill extended his sincerest gratitude to each officer for dedicating themselves to continuing their education and improving their skills within the Fuquay- Varina Police Department. This is no small feat, requiring tremendous time, effort, and commitment. What they have achieved here is truly remarkable, and it's a key factor in the Police Department's continued success and excellence in serving our community. Their dedication to ongoing education and professional development inspires us all. 4C Recognition—Human Resources Staff Certifications—This item was moved to the January 6, 2025, Town Board meeting. Purpose – To recognize Human Resources staff for certifications from the Public Sector Human Resources Association (PSHRA). This item was moved to the January 6, 2025, Town Board meeting. PUBLIC COMMENTS 5A Pamela Perkins, 900 Atlantis Street, spoke about the Town's need to hire an animal control officer. ITEMS PREVIOUSLY TABLED 6A No items were previously tabled for the December 17, 2024 Town Board meeting. PUBLIC HEARINGS 7A No public hearings for the December 17, 2025, Town Board Meeting. CONSENT AGENDA 8A. Resolution and Project Ordinance Amendment (POA-25-11) - Acceptance of State Revolving Funding Offer SRF-D-2060 & SRF-EC-0018 - Sanford WFF – GAC Facility Funding Purpose – To consider a resolution accepting State Revolving Funds (SRF) and a project ordinance amendment (POA-25-12) recognizing proceeds for the Sanford Water Filtration Facility expansion project Granular Activated Carbon Facility (GAC). Recommendation – Adopt the State Revolving Funds (SRF) acceptance resolution and approve the Project Ordinance Amendment (POA-25-11) as presented and recommended. Resolution No. 24-1905 Ordinance No. N-24-53 8B. Resolution - Amending Town Personnel Policy - Use of Network Purpose – Consider adopting by resolution a Town policy regarding electronic communication systems and devices by employees, elected officials, and appointees.  Recommendation – Adopt the resolution amending the Town of Fuquay-Varina Personnel Policy as presented and recommended. Resolution No. 24-1906 A motion was made to approve all Consent Agenda Items 8A- 8B. MOTION Mayor Pro-Tem Gardner SECOND: Commissioner Haynes 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 Scope and Fee Proposal - Public Service Center Phase II - Expansion Purpose – To authorize the Town Manager or his designee to consider an award of a design contract with WithersRavenel for the Public Service Center Phase II Expansion project and a related project ordinance amendment and budget amendment. 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 information about the agenda item by making the following remarks. When opened in 2016, the Fuquay-Varina Public Service Center created a robust and necessary site to support operations of the critical infrastructure departments, including Public Works (Sanitation, Streets, and Debris Collection), Public Utilities (Water and Sewer), and Parks and Recreation (Maintenance). Continued population and system growth have significantly increased the demand for Town services and the personnel and equipment required to deliver core services from the Public Service Center effectively. The Town completed a space needs analysis and preliminary schematic design for the Phase II expansion in 2023 to determine the need to accommodate operational demands. This project expands the existing public service center buildings to provide additional equipment, storage, administrative, and parking spaces. In the Fiscal Year 2025 budget, the Town Board authorized funds to support the design completion and move to construction of the needed expansion in FY 2026. The Town received four responses to a proposal request on September 20, 2024, and WithersRavenel was designated as the best qualified firm at the November 19, 2024 Town Board Meeting. Following this action, Town staff have entered into scope and fee negotiations for the Public Service Center Phase II project. The scope of work reflects the required services consistent with the RFQ, which includes development of the space needs program into full design, analyzing current site conditions, developing plans that reflect a phasing to mitigate impact on operations, preparation of construction documents, and consultation during the construction process. Working with Teeple Architects, Withers and Ravenel is prepared to complete all tasks necessary to design and program the facility and bring the project to construction in January of 2026. Their proposed fee for this effort is $1,586,200. Town Staff compared the proposed scope and fee to recent town projects comparable to projects in other jurisdictions within our market and found the proposed fee competitive. The scope, fee, and terms have been reviewed by the Finance Department, Town Attorney, and Town Staff and are agreeable to Town Management and staff as well as Withers and Ravenel. Town management and staff recommend that the Town Board award and authorize the Town Manager or his designee to enter into a professional services contract for the Public Service Center Phase II with WithersRavenel. The contract cost for the required services is $1,586,200. The Town budgeted $850,001 for this design in the 2025 FY Budget. This budget figure included $566,667 from the General Fund (2/3) and $283,334 from the Utility Operating Fund (1/3) Balance. BA-25- 10 recognizes an additional $736,199 comprised of $490,800 from the General Fund fund balance and $245,399 from the Utility Operating fund balance. POA-25-12 amends the existing project ordinance to $1,586,200. It should be noted that the design fee is higher than identified in the FY 2026 Five-Year Plan. Therefore, a project ordinance amendment and budget amendment are required due to cost escalation in construction estimates since the budget was developed to reflect anticipated construction costs at the time of construction. Discussion—Mayor Massengill asked about the project's design and construction timeline. Public Works Director Stephenson explained that design will begin in January 2025, the bid phase will be in January 2026, and construction will start in the first quarter of 2026. Mayor Massengill stated that everyone knows about Fuquay-Varina and wants to live here. Because of things like this project, the citizens continue to rank their customer service experiences with Town staff extremely high. You have staff to address the needs of our citizens, and it takes room to house and operate due to being part of a growing community. Recommendation – Authorize the Town Manager or his designee to award a design contract to WithersRavenel for the Public Service Center Phase II Expansion project, approve project ordinance amendment POA-25-12, and budget amendment BA-25-10  as presented and recommended pending final review of the contract by the Town Attorney as to form. Ordinance No. N-24-54 MOTION: Commissioner Haynes SECOND: Commissioner Adcock MOTION RESULTS: Passed Unanimously (5-0) 10B Consultant Selection – Library Park Design Purpose – To consider a selection of the best-qualified design firm for the Library Park Project and authorize the Town Manager or designee to negotiate the scope and fee. Staff Comments – Parks and Recreation Director Jonathan 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. Per NCGS 143-64.31, town staff solicited Request of Qualifications (RFQs) for architectural and engineering consultants for the Library Park project in September 2024. A copy of the Request of Qualifications is attached to this agenda item for reference. Town staff received five RFQ responses from highly qualified architectural and engineering firms on October 25, 2024. The RFQs were reviewed and scored by a selection committee consisting of Assistant Town Manager Mark Matthews, Parks, Recreation and Cultural Resources Director Jonathan Cox, Marketing/Special Events Coordinator Trey Baggett, Assistant Director of Athletics/Recreation Anothny DiMarzio, and Assistant Director of Parks/Public Buildings Chris Newsom. Based on the scoring criteria established in the request for qualifications, the Site Collaborative team with Katherine Hogan Architecture and Davis Kane Architects team with CLH Design scored the highest and were invited to interview with the Town on Wednesday, December 5, 2024. The interview panel consisted of the same staff that reviewed the initial RFQ submittals. Considering the entire evaluation process, the Town Staff determined Site Collaborative with Katherine Hogan Architecture to be the most qualified team to complete the design project with Davis Kane Architects with CLH Design second. Under the Qualifications Based Selection process prescribed by the NC General Statutes, the Town must select the best-qualified design firm without respect to price and, following this selection, may attempt to negotiate a fair and reasonable price for the proposed scope of work. The qualifications and interview presentation submitted by Site Collaborative and Katherine Hogan Architecture, as well as Davis Kane Architects and CLH Design, demonstrated both firms have extensive relevant experience and project familiarity and are well-qualified to perform the design of Library Park. Site Collaborative/Katherine Hogan Architecture was designated as the best-qualified firm due to direct experience with similar projects, designated staff availability assigned to the project, presented and demonstrated understanding of this specific site and project, including the recently adopted Downtown Generational Plan. Site Collaborative has completed several projects with Wake County, the City of Danville, the City of Raleigh, and the Town of Cary. Management and Staff recommend the Town Board designate Site Collaborative/Katherine Hogan Architecture as the best-qualified firm and designate Davis Kane Architects/CLH Design as the next best-qualified firm. Upon selection, Management and staff will work with Site Collaborative and Katherine Hogan Architecture to develop a scope of work and fee that aligns with the Library Park project identified in the FY 2025 Budget. If acceptable scope and fee terms cannot be reached with Site Collaborative and Katherine Hogan Architecture, Town Staff will move to negotiations with Davis Kane Architecture and CLH Design. Qualifications-based selection is the process prescribed by NC General Statutes for selecting design firms based on experience, qualifications, and competency without regard to price. Upon the town board selecting the best-qualified firm, Management, and staff will attempt to negotiate a fair and reasonable price consistent with industry norms. Town management and staff anticipate bringing a negotiated scope and fee with terms to a future Town Board meeting. The FY 2025 Town of Fuquay-Varina budget includes funding for the Library Park design. Discussion—Commissioner Adcock asked when construction would begin and when the project would be completed. Parks and Recreation Director Cox explained that the design phase would probably take 6 to 9 months, 60 to 90 days to bid on the project, construction would start 12 months from now, and completion would take 2 years. Commissioner Adcock asked where the project would be funded. Parks and Recreation Director Cox stated that a one-cent tax increase was included in the FY 25 budget, and the revenue would cover the project's cost. Town Manager Adam Mitchell responded that the property tax rate set by the Town Board generates revenue that will go towards specific uses like land for parks and recreation and the expansion of the Public Service Center. Due to the timing of the implementation of those revenues, there will be a surplus of funds that the Town can use towards projects like this. Mayor Massengill responded that the Town Board continues to invest in downtown and make improvements. He explained that this is one of the projects citizens have discussed and is due for some upgrades.  Recommendation—Designate the Team of Site Collaborative and Katherine Hogan Architecture as the best-qualified and preferred firm and Davis Kane Architects and CLH Design as the next ranked preferred firm to perform the design of Library Park. Authorize the Town Manager or designee to negotiate scope and fee, subject to the Town Attorney’s review of the form. MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (5-0) 10C Joint Use Agreements - Fuquay-Varina Elementary School and Willow Springs Elementary School Purpose – To consider joint use agreements with the Wake County Board of Education for Fuquay-Varina Elementary School and Willow Springs Elementary School. Staff Comments—Assistant Town Manager Mark Matthews entered the agenda abstract and supporting documents for this agenda item into the town's official record. He then provided information about the agenda item by making the following remarks. Town Management and Staff have engaged in discussions with Wake County for several years about the opportunity to expand recreational opportunities for residents of Fuquay-Varina and Southern Wake County, specifically by developing an underutilized Wake County parcel (Wake County PIN # 0677907665) located on Kennebec Road adjacent to the Willow Springs Elementary School campus. The 19.3-acre tract was used for softball many years ago, but more recently, it has only been used for open space and agricultural purposes (short-term farm lease). Wake County no longer operates active recreation programs and has relied on municipalities and private organizations to deliver this service to the community. Wake County Parks, Recreation, and Open Space have had joint use agreements for community-school parks at several schools across the County for over twenty years, including two in Fuquay-Varina's corporate limits or Urban Services Area. In recent years, Wake County has identified opportunities to transition responsibility for community school parks to municipalities to enhance play opportunities, support municipal parks and recreation programs, and focus County maintenance investment on passive recreation parks such as the soon-to-open Beech Bluff County Park. As the Town engaged County stakeholders and school stakeholders in conversations about the mutual benefits of a property conveyance, all stakeholders agreed that there would be efficiencies and cohesion in incorporating the existing joint-use amenities of Willow Springs Elementary School into the future Town Park master plan and engaging the school as a key stakeholder. Additionally, Wake County expressed interest in transitioning the Fuquay-Varina Elementary School community park to the Town Park system, and the scheduled renovation is a natural time for handoff. Conveyance of this underutilized park property will be of mutual benefit to Wake County and Fuquay- Varina as Fuquay-Varina will make a sizable investment to expand access to convenient recreational opportunities for Town and County residents, particularly in sports and age divisions that are currently limited by participant caps necessitated by limited facility inventory. As additional background, the Board of Education and Wake County (“County”) entered into the most recent School/Parks Agreements in 2020 for the development, joint use, management, improvements, maintenance, and repairs of a joint-use community park at Fuquay-Varina Elementary School (FVES). Fuquay-Varina Elementary School is about to undergo a significant renovation/addition project at FVES, which requires campus closure and tolling shared use under the School/Parks Agreement during construction. As described in the School/Parks Agreement, all of the County's licensed areas will be directly impacted by construction and unavailable during the project, impacting community use. Construction is slated to begin on or about January 6, 2025, and will be completed in time to support the reopening of FVES for the 2026-2027 school year. The amenities available for community use during non- school hours include a playfield, walking track, playgrounds, basketball court, picnic shelter, and public parking. Wake County and the Board of Education have operated the Board of Education facilities as agreed upon for the benefit of the school and community for over forty years. The Board, County, and Town of Fuquay-Varina desire to continue the successful relationship and provision of facilities for shared community use under the terms and conditions of a new JUA (“the JUA”) with the Town for a twenty-five (25) year term. Under this agreement, the County responsibilities will continue under the School/Parks Agreement until tolled on January 1, 2025. Town responsibilities will begin under the JUA from and after the end of the tolled period. As described in the JUA, the licensed shared-use areas are based upon the most current WCPSS design development drawings (“DDs”) available for the FVES renovation/addition project. Town staff and Board staff will collaborate to review the DDs or subsequent plan iterations to confirm that the JUA shared-use areas are reasonably accessible for community use. To support the FVES renovation and the JUA, the Town will help the Board of Education’s request for formal closure and abandonment of the dedicated but currently undeveloped Sunset Drive right-of-way (“ROW”) which separates the two parcels that comprise the FVES campus. The Town will also support the conveyance of the entirety of the area within the ROW to the Board at no cost, except for that portion of the ROW, which is adjacent to the southern boundary of the residential tract located at the western end of the ROW. Recombination of the former ROW area with the Board’s parcels will unify the FVES assemblage as necessary to support the Town approval of the Board’s renovation project plans. Also recommended for approval is a Joint Use Agreement about Willow Springs Elementary School (“WSES”) and the adjacent County-owned Park space. To meet the Town of Fuquay-Varina’s anticipated recreational needs as driven by its ongoing growth, the Town desires to collaborate with the County to take on control of and responsibility for maintenance of and improvements upon the County Park for future development of a Town Park, with construction scheduled in the adopted Five Year Plan in FY 2028. Town and County staff are currently finalizing the appropriate terms for the conveyance of the County Park to the Town for recreational purposes. Wake County and Board have successfully operated the Board of Education’s WSES facilities under the School/Parks Agreement for the benefit of the County, Board, Town, school, and community for thirty years. The County and Town wish to transition maintenance responsibilities for the School Park under the proposed agreement, which addresses duties before and after the transfer of control of the County Park. County responsibilities will continue under the School/Parks Agreement until the County’s conveyance of control of the County Park to the Town is completed. At that time, Town responsibilities for the School Park will begin under the JUA. The Town, County, and Board of Education's representatives have identified certain JUA areas within the School Park that need maintenance, repair, or improvement, which the County has agreed to address as part of the transition of School Park maintenance responsibilities from County to Town. School Park JUA facilities that will be impacted include the shelter and a nearby water fountain and trash can, water spigots near the walking track, the trail/access road that connects the School Park and County Park, the Basketball Court/Paved Play area, ADA/Accessible parking spaces and provision of a new ADA accessible route for community and school use that extends from the southeastern end of the JUA parking area to the walking track. The Town has a long, successful history of Joint Use Agreements with the Wake County Board of Education, which have expanded recreational access to the community, provided improved school maintenance, and delivered cost savings to Town and County taxpayers. The transition of current Joint Use maintenance responsibilities from Wake County to the Town of Fuquay-Varina, when paired with conveyance of the Willow Springs Elementary School County park property, will provide expanded opportunities for both scheduled rentals and drop-in recreational play, allow for expansion of active recreation opportunities in Fuquay-Varina and Southern Wake County through the construction of an additional Town park and ballfields, facilitate a cohesive and complementary master plan for the future Willow Springs Elementary-adjacent Town park, facilitate complementary school/park programming and construction, and generate efficiencies and long term cost savings in County Parks, Recreation, and Open Space maintenance responsibilities. Therefore, it will advance the mission of all three entities (County, Board of Education, and Town). These Joint Use Agreements were both approved by the Wake County Board of Education on December 3, 2024. Town staff and the Town Attorney continue to work with Wake County staff and the County Attorney on property conveyance agreements, which will be brought to a future meeting. Town management is recommending approval of both agreements contingent on the conveyance of the County property by Wake County, which advances the Town Board's strategic initiative of "Acquire property and develop active recreation facilities to accommodate growth in youth and adult programs" and is in the best interest of the public. Under the proposed agreement, joint use and Town maintenance of Fuquay-Varina Elementary School will immediately be tolled for scheduled campus renovations to begin in January 2025. Town maintenance of Fuquay-Varina Elementary School joint- use areas will not commence until the completion of the renovations in August 2026 and will be budgeted for in future fiscal years. Funding has been identified within the Parks and Recreation maintenance budget to perform the Town's maintenance responsibilities for Willow Springs Elementary School for the remainder of FY 2025 and will be identified in the FY 2026 recommended budget for the next fiscal year. Discussion—Mayor Massengill thanked management for working on these two agreements. He explained that Fuquay Elementary School's renovations will help with traffic, stacking, and moving cars off the busy road. He stated that the Willow Spring Elementary School property is an excellent opportunity for the Town to have more ball fields. Commissioner Wunsch responded that this would save the town money by preventing the town from having to purchase land for these ball fields. Commissioner Adcock asked what the Joint Use Agreement would be used for at Fuquay Elementary School. Assistant Town Manager Matthews stated that it could be used for pickup soccer games, walking trails, and playgrounds. This is a community park, and the joint use agreement for maintenance responsibilities is aligned with that level of use. Commissioner Adcock asked if there was any availability for additional park-type activities where the trees are on the property. Assistant Town Manager Matthews explained that there was an opportunity to continue discussing the property. Mayor Pro-Tem Gardner responded that this is the kind of cooperation that the Town Board should expect and be working towards on all entities because everybody wins. Recommendation – Approve joint use agreements with the Wake County Board of Education for the use of Fuquay-Varina Elementary School and Willow Springs Elementary School property, contingent on the conveyance of Wake County PIN # 0677907665 and subject to Town Attorney review as to form.  MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) 10D Fuquay-Varina Downtown Social District Update - Report and Operational Expansion Recommendation Purpose – To receive a six-month report on downtown's Social District and consider expanding its operations. Staff Comments – Assistant Town Manager Jim Seymour 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. In September 2021, the NC General Assembly passed House Bill 890 (HB 890), and in June 2022, House Bill 211 (HB 211) allowing local governments to create social districts where people may consume alcoholic beverages sold by an ABC permittee within a designated social district. A social district is a defined area in which a person may consume alcoholic beverages sold by an ABC permittee located within the social district. A social district may include both indoor and outdoor areas of businesses within or contiguous to the defined district area during the days and hours set by the local government creating the social district. A social district may include privately owned property, ABC permittee businesses, non- ABC permittee businesses, multi-tenant establishments, public streets, crosswalks, or parking areas, whether the roads or parking areas are closed to vehicle traffic. It is the sole decision of a business located within the social district to participate in the activities of the social district. On March 19, 2024, the Town Board voted to approve a downtown social district. The Town's downtown social district operates in downtown districts Fuquay and Varina with specific boundaries for operations. The Town's social district currently operates three days a week during the following hours: Thursday 4:00 PM – 9:00 PM Friday 4:00 PM – 9:00 PM Saturday 12:00 PM – 9:00 PM In addition to installing the necessary wayfinding, adopting a social district management and maintenance plan, and educating business owners/operators, a condition of initially approving the Town's social district was that Town Management provide a report to the Town Board after six months of operation that addresses the social district's success, concerns, and effectiveness. Town Management has met with the Police Department to discuss if there are any safety issues or concerns regarding the social district's operations. According to the Police Chief, there have been no safety issues due to the social district being in operation. The Police Chief has verified that there have been 238 security checks and foot patrols downtown during the hours of the social district's current operations and has experienced no issues. When adopted in March 2024, the Town Board agreed that operating three days per week would serve as a trial run to determine if the social district would benefit the downtown businesses. According to downtown firms and stakeholders, the social district has succeeded, and the downtown community is now advocating for expanded days and hours of operation. Downtown businesses have stated that the social district's expanded operation will further increase foot traffic and benefit the downtown network community. Not only have business operators advocated for extended hours and days of operations, but they have also requested that the social district be in operation during downtown events such as the Celebrate FV and the Downtown Tree Lighting. According to downtown businesses, having the district in operation during events will further benefit the downtown business community and attract customers. As of December 1, there are now 61 communities across North Carolina that operate a social district. Downtown stakeholders and businesses have asked to expand the social district's boundaries, days/hours, and district operation during special events. Town staff have sought input from downtown businesses on the possible expansion of the social district and have received positive feedback. Town Management is recommending the following updates to the downtown social district ordinance: - Days and Hours of Operations: Monday through Sunday, 12:00 PM – 10:00 PM - Allow the downtown social district to operate during downtown events. The Town can restrict social district operations during special events when necessary. - Boundary Expansion Fuquay District: This would include the Library Steakhouse, Centennial Square, and property along S Main Street from the Mason Jar Restaurant to the Fuquay Mineral Springs Inn & Garden. - Boundary Expansion Varina District: include the Varina Town-Owned Surface Parking Lot. If the Town Board approves the social district expansion, the hours of operation and expanded days of the week will go into effect within 45 days of approval. Once all necessary steps are completed and permissions are granted from the NC ABC Commission, Town staff will notify the public via social media, the Town website, and coordination through local downtown businesses that the Social District's expanded boundaries and days/hours of operations are in effect. In consultation with the Police Department, the Chief is not concerned with Town Management's recommendations for expanding the social district. Capital costs related to the expansion of the social district (street decals, wayfinding signage, etc.) will be absorbed in the current FY 2025 budget. Discussion – Commissioner Adcock asked why the new Aviator Brewing facility is not included in the expanded area for the Social District. Assistant Town Manager Seymour stated that sidewalks have not been extended along North Street. He explained that a project on Randsdall Road would extend the sidewalks as part of the project. He explained that once the sidewalk is in place, the owner of Aviator has already requested to incorporate it into the Social District. Mayor Massengill responded that when expanding the Social District, there needs to be a way to walk to the facility rather than just walking in the middle of the street. Mayor Massengill asked what comments the Chamber of Commerce and Fuquay- Varina Downtown Association have received. Assistant Town Manager Seymour explained that they have been great advocates for the Social District and have provided letters of support in the agenda packet. They have engaged their membership and downtown friends to get feedback and led management to make this recommendation. Mayor Massengill stated that he has heard that sales are up for local businesses and does not know if the social district is a direct factor for the increase, but it has not hurt. Mayor Massengill asked Police Chief Tim Smith if he supported the expansion recommendation. Chief Smith responded that he had thoroughly reviewed the expansion area, had conversations with management, and had no concerns about the recommendation. Mayor Pro-Tem Gardner asked how Town events would be handled in the social district area. Assistant Town Manager Seymour responded that the ordinance states that the Town can restrict or suspend the social district at any time. He also said that if a community member submits a special event application and doesn’t want to participate in the social district, it could be restricted for their event. Commissioner Harris expressed his initial skepticism towards the social district initiative but now views it as a significant concern that warrants further investigation. He emphasized the need for concrete data to support its effectiveness in boosting business profitability. Notably, he pointed out that there have been no reported infractions within the social district. However, Commissioner Harris expressed concerns about the potential perception that government support for social districts may inadvertently encourage excessive alcohol consumption among young adults, who are in their 30s and considered a pivotal age group. He also highlighted the need for more research on the social district's impact on business opportunities, citing a paper by Dr. Carolyn Pruitt from UNC as a valuable resource. Mayor Massengill responded that there has been a lot of discussion on the social district and a lot of feedback from the public. He explained that Police Chief Smith stated there have been no issues, arrests, or citations. He reported that there are statistics and data that say nothing has caused someone to be arrested for being in the social district area. They have received feedback from business owners who have been encouraging about the social district. He explained that the best data for him was when a business owner tells him their business sales are up and things are going great. Commissioner Harris explained that he has a larger area in mind regarding driving while impaired. There is no data that would indicate whether there is an increase in consumption or violations after someone leaves the social district area. Mayor Pro-Tem Gardner responded that the Town Board cannot assume that everybody who drinks or participates in the social district is driving downtown. As more people live downtown, how would you determine that they got a DUI because they were participating in the social district? Mayor Massengill asked Police Chief Smith if he had asked where someone had just come from when he arrested them for a DWI. Police Chief Smith stated that it would be hard to measure that information unless the person voluntarily gave it to the officer. Mayor Massengill explained that the Town Board has a method to get quarterly report updates that the Town Board can look at. It shows the crime statistics and no upticks on DWI arrest charges. Assistant Town Manager Matthews responded that no violations were identified that were attributed to the social district. Commissioner Wunsch responded that he has dealt with DWI cases for over 24 years, having been a lawyer, and the report from the law enforcement agency. You never know where the source of the alcohol came from. He explained that what is compelling to him, in addition to what Police Chief Smith has added as a board member, he thinks it is imperative that the Town Board listen to the small businesses, listen to the Chamber of Commerce, and listen to the Downtown Association and get feedback that they want this expansion. He added that if there is anything the Town Board can do to make downtown businesses more money and not endanger the community, then it would be a positive thing for the Town of Fuquay-Varina to expand the social district. Mayor Pro-Tem Gardner asked if the Town would continue to monitor the social district. Assistant Town Manager Seymour explained that the town adopted the overall operation and maintenance plan and would continue to monitor it.  Recommendation – 1) Approve the recommended updated ordinance expanding the Fuquay-Varina Social District and 2) Designate updated social district boundaries within the Town’s downtown districts as indicated, and 3) Establish social district hours of operation Monday through Sunday, 12:00 PM – 10:00 PM; and 4) Approve the updated social district management and maintenance plan as recommended. Ordinance No M-24-08 MOTION: Commissioner Wunsch SECOND: Mayor Pro-Tem Gardner MOTION RESULTS: Passed Unanimously (4-1) Commissioner Harris voted against the motion 10E Harnett County - Water District Purchase Agreement Purpose – To consider approval of the recommended Water District Purchase Agreement between the Town of Fuquay-Varina and Harnett County and approve the associated Project Ordinance. Staff Comments—Public Utilities Director Mike Wagner entered the agenda abstract and supporting documents for this agenda item into the town's official record. He then provided information about the agenda item by making the following remarks. The Town of Fuquay-Varina and Harnett County currently have a treated water capacity agreement for 4 million gallons per day (MGD) and 5 MGD capacity in a 36" transmission main conveyance system. The original 2 MGD agreement, executed in 1999, is set to expire in 2040, and the additional 2 MGD of bulk water capacity, approved in 2022, was a 10-year agreement set to expire in 2032. The Town and Harnett County entered into an Annexation Agreement in 2003, as the Harnett County water district extended into southwest Wake County and the Town's extra-territorial jurisdiction (ETJ) and began providing water services. The 2003 agreement set terms for future connections and development, as well as the process of turning over the county assets to the town in the future through the acquisition of the system. Conditions of the 2003 agreement and 2007 agreement amendment for the Town's acquisition of the Harnett County water system included the Town paying five years of lost revenues to Harnett County, paying for assets installed before 2007, less depreciation, and connecting Fuquay-Varina's distribution system into the Harnett County water system infrastructure ultimately to be owned by the Town. The acquisition of Harnett County's water lines and related appurtenances will provide water service to existing and future water customers in the Town's jurisdictions. Harnett County performs the services customarily using a water utility system. Once acquired by the Town, the Town will perform these services, including but not limited to reading all the meters, sending monthly bills to customers, and collecting payments. Currently, the Harnett County Water District is servicing 593 customers. Customers located within the Harnett County Water District and annexed into the Town's corporate limits will continue to pay current Town water rates. For homes situated in the Harnett County Water District but not within the Town's corporate limits, once the Harnett County Water District is conveyed to the Town, these residents would see, on average, a $70 increase to their monthly water bill. The Town will not begin to bill customers in the Harnett County Water District until the conveyance of the system is completed and the necessary infrastructure has been installed and constructed. With robust growth, design is currently underway for the Town to construct, interconnect, and provide water distribution service to this southwest ETJ area on Wagstaff Road, Piney Grove Wilbon Road, Burt Road, and O.C. Hester Road. This design work will lead to the construction of water line connections needed to integrate the Harnett County Water District infrastructure into the Town's existing water distribution system. These system water line improvements are expected to be completed in early 2027. Management and staff recommend entering the proposed water district purchase agreement with Harnett County. Both entities' management, staff, and legal counsel have worked to produce a fair and beneficial agreement for both parties. This water district purchase agreement requires the Town to pay $2,795,395 for the water line infrastructure installed before 2007 and five (5) years of lost revenues. The estimated construction costs to interconnect waterlines on Wagstaff Road, Piney Grove Wilbon Road, Burt Road, and O.C. Hester Road are $5,000,000. Funding for the water district purchase and waterline construction is estimated to cost $7,795,395 and will be paid for with 2024B Revenue Bond proceeds. Discussion—Mayor Massengill asked how the project would be funded. Public Utilities Director Mike Wagner explained that the fiscal note for this project is the 2024 B revenue bonds. There was some additional contingency money in those bonds, and the intent is to use the funds from that sale. Commissioner Adcock asked on Fleming Road, there is the Harnett County Water booster station. Does it affect the town and have anything to do with this project? Public Utilities Director Wagner explained that an existing water line comes from Harnett County on Piney Grove Wilbon Road and then goes to Fleming Road's five million- gallon water tank. From that, there are two booster stations. One is providing water to Holly Springs, and the other is providing water to Fuquay-Varina. There is a water line that connects to the Kinston Subdivision, and that water line will be extended. Commissioner Adcock asked if the tank and boosters were in Harnett County. Public Utilities Director Wagner explained it was the monthly metering location for water that the Town purchases from Harnett County.  Recommendation – Authorize the Town Manager to execute the Water District Purchase Agreement with Harnett County and approve the Project Ordinance as presented and recommended. Ordinance No. N-24-55 MOTION: Commissioner Adcock SECOND: Commissioner Haynes MOTION RESULTS: Passed Unanimously (5-0) 10F Appointment of Planning Board and Board of Adjustment Members Purpose – To ratify the recommended appointments on the Planning Board and Board of Adjustment by Mayor Massengill as customary. Staff Comments – Mayor Massengill will present appointment recommendations for the Planning Board and Board of Adjustment positions. Planning Board Ed Ridpath, as Town Resident, will serve a (3) year term from January 2025 through December 2027. Mr. Ridpath has served as a Town Commissioner and on the Town’s Planning Board since 2016 Michelle Peele, as a Town Resident, will serve a (3) year term from January 2025 through December 2027. Mrs. Peele has served on the Town’s Planning Board since 2019. Jay Adcock is an ETJ Resident who will serve a (3) year term from January 2025 through December 2027. Mr. Adcock has served on the Town’s Planning Board since 2019 and as its Vice-Chair. Board of Adjustment Chris Goins will serve the remainder of a vacated term ending in December 2025 as an ETJ resident. Mr. Goins is employed with Bobbit Construction and has lived in the Town’s ETJ for 15 years. Thomas Gallo will serve the remainder of a vacated term ending in December 2025 as a town resident. Mr. Gallo is retired and has had a 25-year career as a manager with companies like AT&T and IBM. Michell Braxton, as a Town Resident, will serve a (3) year term from January 2025 through December 2027. Mrs. Braxton previously served on the Town’s Board of Adjustment, beginning in 2020. Christian Matthews, as an ETJ Resident, will serve a (3) year term from January 2025 through December 2027. Mr. Matthews is employed with Evans General Contractors and has lived in the Fuquay-Varina community for 6 years. Kathryn Tart, who currently serves on the Board of Adjustment as a Town Resident, will be appointed Chair of the Board of Adjustment for a term of (1) year from January 2025 through December 2025. Discussion – Mayor Massengill recognized Michell Braxton, who was in attendance. Recommendation – Ratify the appointment of Mayor Massengill's recommended members to the Planning Board and Board of Adjustment as presented.  MOTION: Mayor Pro-Tem Gardner 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 Public Works—The Public Works Department hired Bradley Norton as the new Fleet Manager, starting on January 13, 2025. The department has partnered with the IT and Communications Departments to roll out a new bulk item collection online form. This new form improves operational efficiency by directly feeding our citizens' bulk item request data into the town’s work order system. o Parks and Recreation—The Parks and Recreation Youth Spring registration will begin on January 6th, and town residents are encouraged to register as soon as possible. Hilltop Needmore Town Park Community Center continues to approach the finish line, with the elevator inspection recently completed and building furnishings to be delivered this week. o The Arts Center—The Arts Center held a successful Nutcracker production last week and is wrapping up the holiday programming this week. The Gerald Parker Jazz Orchestra will perform on Saturday. Winter classes run through this week, and track- out camp is planned for early January. Spring Classes will be in session beginning January 6. The Spring theater season is currently on sale through the theater box office. o IT Department—The IT Department has been working on the design of the Town’s five-year capital IT infrastructure upgrades. Annual computer upgrades will commence after the first of the year, as planned in the budget. In January, the IT Department will roll out FVGPT, the town's internal AI-powered tool to enhance staff  efficiency and effectiveness, to all employees with access to our network and utilize computers for their jobs. o Police Department – The Police Department has promoted through the career ladder Lindsay Peluso to Crime Analyst. The Department has received training through Voice for All and created tools tailored to the department to facilitate communication with engaging nonspeaking individuals or those with speech and language limitations. These tools include bilingual photo communication boards to help community members communicate with the officers. The Department also held its annual Shop with a Cop event and supported 11 children in the community. The Department is also featured in the Main and Broad Magazine, which discusses what the Town does to remain one of the safest towns in North Carolina. Mayor Massengill recently gave the oath of office to Colby Price and Rebecca Cameron. o Fire Department—The Fire Department has scheduled the final inspection trip for four new fire engines for mid-January. The four firefighters deployed to assist with Hurricane Helene’s recovery efforts were recently featured in the winter 2025 edition of Suburban Living Magazine, entitled Fuquay-Varina Firefighters Answer the Call for Help. o Engineering Department—The Engineering Department has successfully held bid openings for the 2024-25 pavement preservation project and the downtown Varina pedestrian improvements. The town board will be presented with these projects at its first meeting in January. o Planning Department—Code Compliance Officer Jim Gorrell has passed his North Carolina Department of Insurance Building Level I exam. Both Code Compliance Officers have achieved their level one building certifications, allowing them to take over many of the sign and accessory building inspections from the Inspection Department. Allison Wylie and several other Town employees graduated from the Fuquay-Varina Leadership Program last week. o Public Utilities Department—The Public Utilities Department wants to remind customers to winterize their outdoor plumbing fixtures and not put wipes or grease  down the drains. During the Thanksgiving Holiday, several residential sewer backups occurred. o Economic Development Department—Management is narrowing the search for an economic development director and plans to hold second interviews in early January. o Finance Department – Management is narrowing down the search for a Finance Director. o Inspection Department – Chris Thompson has passed his level II electrical certification. He has all his standard level II certificates and probationary level III certificates in all four trades. Justin Daniel passed his level II building certification. 11.B Town Offices Closed for Observance of Christmas and New Years - December 24-26, 2024 and January 1, 2025 11.C Zoning Map Amendment - Mohamed Kayyali - 426 & 428 Longfellow Street - PINs 0657704309 & 0657703399 - REZ-2024-14 - FIRST READING - (Davison) 11.D Zoning Map Amendment - Wayne Mauldin, Mauldin-Watkins Surveying - 10101 & 10125 Division Drive - PINs 0688568056 & 0688557830 - REZ-2024-16 - FIRST READING - (Davison) BOARD MEMBER COMMENTS Commissioner Harris wished management, dedicated staff members, and the esteemed Town Board a joyous holiday season. May this special time of year bring peace, happiness, and rejuvenation. He hopes everyone will take the opportunity to relax, recharge, and create lasting memories with their loved ones while prioritizing their safety. Commissioner Adcock had no comments. Commissioner Wunsch wished everyone a Merry Christmas. As everyone celebrated the festive period, he extended his sincerest appreciation to management and staff members for their tireless efforts and dedication every day of the year. Their hard work, commitment, and passion drive the organization's success, and he is genuinely grateful to have every one of them as employees of the Town of Fuquay-Varina. Commissioner Haynes expressed his enthusiasm for last week's employee Christmas luncheon, which he attended along with other notable community events. Apex Mayor Gilbert had reached out to share that he was impressed by Fuquay-Varina's successful Christmas tree lighting event and wanted to replicate similar experiences in Apex. Commissioner Haynes also shared positive feedback from Wake County municipalities about the Town's website, praising its user-friendliness and comprehensive content for citizens. He announced an upcoming Christmas food giveaway at Pine Acres Community Center on Saturday from 10:00 am to 12:00 pm. The Commissioner thanked the Teen Council for contributing to the Christmas tree lighting event's hot chocolate and cookie service. Additionally, he highlighted the sleigh ride tickets he received from the Downtown Association, allowing him to distribute them among deserving teachers, students, and social workers. Commissioner Haynes concluded his update on behalf of Town officials, wishing the community a safe and joyful holiday season. Mayor Pro-Tem Gardner sent warmest greetings to everyone during the holiday season. She expressed her delight at participating in many festive events, creating a magical atmosphere reminiscent of Hallmark movies. In addition to attending various community gatherings and filling in for the Mayor at Chamber of Commerce ribbon-cutting ceremonies and Business After Hours events, she celebrated the grand openings of three local businesses that have chosen to expand their operations within Fuquay-Varina's boundaries. Her attendance at these events highlighted the excitement and growth that is taking place in our town. Mayor Massengill extended his gratitude to all town staff members who contributed tirelessly to the success of the Christmas tree lighting event and the Christmas Parade. He also expressed appreciation for the overwhelmingly positive feedback he received from the public, highlighting several notable interactions with town employees. Specifically, Inspections Department member Anibal O'Lavalle and Parks and Recreation Department employee Gerry O'Connell for their exceptional service. Additionally, Mayor Massengill attended a Senior Luncheon at Pine Acres on Sunday, where it was clear that the event was well-received by attendees, providing an excellent opportunity to recognize and appreciate the contributions of our senior community members. The following are Mayor Massengill’s past and future events: Past Events 12/3 – Chamber Ribbon Cutting – Vector Security 12/3 – Blake History Stakeholders Meeting 12/4 – Coffee with a Cop – Starbucks 12/5 – Chamber Ribbon Cutting – 50th Celebration – Noles Cabinets 12/5 – Christmas Tree Lighting 12/6 – Speaking at Blue Ribbon Celebration – 2nd Grade – Willow Springs Elementary 12/6 – Speaking at FV Choral Performance 12/8 – Chamber Christmas Parade 12/9 – Speaking to Lincoln Heights Students 12/10 – FVDA Board Meeting 12/10 – Leadership FV Graduation – 10th Anniversary 12/11 – Business Exchange Breakfast 12/12 – Town Employee Christmas Luncheon 12/12 – Chamber Business Afterhours 12/16 – Chamber Ribbon Cutting – Kilpatrick Irish Dance School 12/16 – Wake County Mayors Association Holiday Dinner  12.17 – Chamber Ribbon Cutting – Southern Wake Counseling Center Upcoming Events 12/18 – Chamber Board Meeting CLOSED SESSION Pursuant to N.C.G.S. 143-318.11 (a)(3) – Attorney-Client Privilege A motion was made to conduct a closed session meeting at 8:33 p.m. MOTION: Commissioner Wunsch SECOND: Commissioner Haynes MOTION RESULT: Passed Unanimously (5-0) RETURN TO OPEN SESSION The Town Board returned to open session at 8:54 p.m. and reported adopting closed session minutes for October 22, 2024. MOTION: Mayor Pro-Tem Gardner SECOND: Commissioner Haynes MOTION RESULT: Passed Unanimously (5-0) ADJOURNMENT A motion was made to adjourn the meeting at 8:55 p.m. MOTION: Commissioner Adcock SECOND: Commissioner Wunsch MOTION RESULT: Passed Unanimously (5-0) The minutes from the December 17, 2024, regularly scheduled meeting of the Town Board of Commissioners are adopted this 6th day of January in the year 2025 in Fuquay-Varina, North Carolina. FUQUAY-VARINA, NORTH CAROLINA J. Blake Massengill, Mayor ATTEST (TOWN SEAL) Teresa Wilder, Town Clerk