6391  The Smithfield Town Council met in regular session on Tuesday, October 4, 2022 at 7:00 p.m. in the Council  Chambers oft the Smithfield Town Hall, Mayor M. Andy Moore, presided.  Councilmen Present: John Dunn, Mayor Pro-Tem Marlon! Lee, District1 Sloan Stevens, District2 David Barbour, District 4 Stephen Rabil, At-Large Roger Wood, At-Large  Councilmen Absent Travis Scott, District3  Administrative Staff Present Michael Scott, Town Manager Michael Brown, Fire Chief Ted Credle, Public Utilities Director Lawrence Davis, Public Works Director Dr. Gary Johnson, Parks & Rec Director Eric McDowell, IT Director Shannan Parrish, Town Clerk R.K Keith Powell, Chief of Police Greg Siler, Finance Director Stephen Wensman, Planning! Director Administrative Staff Absent Tim Kerigan, Human Resources/PIO  Also Present Bob Spence, Town Attorney CALLTO ORDER INVOCATION  Mayor Moore calledt the meeting to order at 7:00 pm.  Thei invocation was given by Councilman Barbour followed by the Pledge of Allegiance.  APPROVAL OF AGENDA:  Councilman Barbour made ar motion, seconded by Councilman Rabil, to approve the agenda  with the following amendments: Add to the Presentations:  Consideration and request for approval to adopt Resolution No. 712 (21-  2022) Supporting Operation Green Lighti for Veterans  School Bond Referendum  Add to Business Item: Consideration and request for approval to allow the Fire Department to hire an additional Firefighter position due to a pending retirement.  PRESENTATIONS:  1. Administrating Oath of Office to new Police Officer Joshua Lynch  Mayor Moore administered the Oath of Office to new Police Officer Joshua Lynch and welcomed him toi the 2. Proclamation: Recognizing October 2-8, 2022 as Public Power Week in the Town of Mayor Moore presented the following proclamation to Public Utilities Director Ted Credle.  Town of Smithfield Smithfield  PROCLAMATION Recognizing Public Power) Week October 2-8, 2022 Int the Town of Smithfield  WHEREAS, public poweri is a crucial component inc cities and towns across North Carolina, contributing to the overall health of communities by providing unmatched electric reliability, affordable and WHEREAS, North Carolina's more than 70 public power cities and towns are among more than 2,000 across the country, providing electricity with ar reliability rating of 99.98 percent to nearly 1.3 million WHEREAS, many of North Carolina's public power cities and towns have been electric providers for more than 100 years, assisting their communities through boom times as well as pandemics and economic downturns, maintaining life-savinge electricity tol homes and businesses; and WHEREAS, North Carolina public power communities are part ofar mutual aid network that spans the state and country, providing invaluable support during times of hurricanes and other natural disasters  sustainable power, excellent local service, and essential jobs in communities; and  North Carolinians; and  while maintaining a superior safety record; and    6392  WHEREAS, North Carolina's public power utilities are dependable institutions that provide excellent WHEREAS, North Carolina's public power utilities are dependable institutions that provide excellent WHEREAS, the Town of Smithfield recognizes Public Power Week and commends the public power cities and towns across our state for their outstanding contributions to our communities. NOW, THEREFORE, 1,M. Andy Moore, Mayor oft the Town of Smithfield, along with the Town Council,  service, valuable energy solutions, and a commitment to community; and  service and a commitment to community; and  dol hereby proclaim October 2nd through the 8th as  Public Power Week  int the Town of Smithfield: and commends its observation to all citizens.  3. Proclamation: Recognizing October 9-15, 2022 as Fire Prevention Week in the Town of  Smithfield  Mayor Moore presented the following proclamation to Fire Chief Mike Brown.  Proclamation Recognizing October 9-15,2022 As Fire Prevention) Week Int the Town of Smithfield  WHEREAS, the Town for Smithfield is committed to ensuring the safety and security ofa allt thosel living WHEREAS, fire is a serious publics safety concern both locally and nationally, and homes are the WHEREAS, home fires killedr more than 2,580 people int the United States in 2020, according to the National Fire Protection. Associatione (NFPA8), andi fire departments int the United States responded WHEREAS, smoke alarms sense smoke well beforey you can, alerting yout to dangeri in the event of WHEREAS, working smoke alarms cutt the risk of dying in reported home fires in half; and WHEREAS, residents should bes sure everyone int thel home understands the sounds oft the alarms WHEREAS, residents who have planned and practiced al home fire escape plan are more prepared WHEREAS, first responders are dedicated to reducing the occurrence of homef fires andi injuries WHEREAS, the 2022 Fire Prevention Week"Mtheme, "Fire won't wait. Plan youre escape.TM," effectively serves tor remind usi itisi importantt to have al home fire escape plan. NOW, THEREFORE, 1,M. Andy Moore, Mayor oft the Town of Smithfield do hereby proclaim October in Smithfield, North Carolina, andl urge all citizens to take time to have a fire escape plan and to support the many public safety activities and efforts off fire and emergency services.  ina and visiting the Town; and  locations where people are at greatestr riskf from fire; and  to3 356,500 home fires; and  firei inv whichy your may have asl little as 2 minutes to escape safely; and  and knows how tor respond; and  and will therefore be more likely to survive ai fire; and through prevention and protection education; and  gtht through the 15th as  Fire Prevention Week  4. Consideration and request for approval to adopt Resolution No. 712 Supporting Operation  Green Lights for Veterans  Councilman Barbour made a motion, seconded by Councilman Wood, to adopt Resolution No.  712 (21-2022) Supporting Operation Greenl Lightf for Veterans  TOWN OF SMITHFIELD RESOLUTION NO. 712 (21-2022) Supporting Operation Green Light for Veterans  WHEREAS, the residents of the Town of Smithfield have great respect, admiration, and the utmost    6393  gratitude for all oft the men and women who have selflessly served our country and this community in WHEREAS, the contributions and sacrifices oft the men and women who served int the Armed Forces have been vital inr maintaining the freedoms and way ofl life enjoyed by our citizens; and WHEREAS, the Town of Smithfield: seeks tol honor thesei individuals who have paid the high price for freedom by placing themselves in! harm's way for the good ofa all; and WHEREAS, Veterans continue to serve our community in the various Veterans Services Organizations, religious groups, civil service, and by functioning as Veteran Service Officers in 29 states tol help fellow former service members access more than $52 billioni ini federal health, disability WHEREAS, Approximately 200,000 service members transition to civilian communities annually; and WHEREAS, an estimated 20 percent increase of service members will transition to civilian life in the WHEREAS, studies indicate that 44-72 percent ofs service members experience high levels of stress WHEREAS, Active Military Service Members transitioning from military service are at a high risk for WHEREAS, thel National Association of Counties encourages allr municipalities tor recognize Operation WHEREAS, the Town of Smithfield appreciates the sacrifices of our United States Military Personnel NOWTHEREFORE, BEI IT RESOLVED, with designation as a Green Light for Veterans, the Town of Smithfield Town Council, hereby declares from October through Veterans Day, November 11, 2022, at time to salute and honor the service and sacrifice of our men and women in uniform transitioning BE IT FURTHER RESOLVED, that in observance of Operation Green Light, the Town of Smithfield encourages its citizens in patriotic tradition to recognize the importance of honoring all those who made immeasurable sacrifices to preserve freedom by displaying a green lighti in a window oft their Friends of. Johnston County Public Schools Committee members, Landis Bullock and Johnna Faulkner, made ap presentation to the Town Council ins support oft the School Bond Referendum. They explained how supporting the upcoming bond referendum would help allt the schools in. Johnston County. Following thep presentation, Mayor Moore stated his concerny was for Smithfield schools. He questioned how constructing a school in the Wilson's Mills area would alleviate overcrowding in other area schools. Mr. Bullock responded that districts would ber redrawn and students from 61 high schools would attend the new Councilman Wood questioned ift the proposed redistricting would keep students in their district or would students still be allowed to transfert to al high school oft their choosing. He stated allowing students tot transfer to other schools was a problem. Mr. Bullock responded that was a Board ofE Education! issue and should be Councilman Barbour stated he was. concerned because student enrollment had not increased drastically. Mr. Bullock responded that growth was happening in Smithfield and Johnston County and the additional Mayor Moore statedt that the Town has done ane excellent job atr recruiting residential development. His fear was thatt the practice ofs student transfers would continue and Smithfield schools would continue to suffer. He stated students living in Smithfield should attend Smithfield schools. He asked for the redistricting plan and data concerning the alleviation of overcrowding in area schoolt that warrantt the need for an additional high school to be shared with the Council. Mr. Bullock responded he would arrange for a meeting with School Superintendent, Dr. Bracy, members of the School Board and members oft the Council to discuss  the Armed Forces; and  and compensation benefits each year; and  near future; and  during transition from military to civilian life; and suicide during their firsty year after military service; and  Green Lightf for Veterans; and  and believes specific recognition should be granted.  from. Active Service; and  place ofb business or residence. 5. School Bond Referendum Presentation  high school in Wilson's Mills. discussed with them.  schools would ber needed for that future growth.  allt the Council's concerns.  Mr. Bullock asked for the Council's support of the school bond referendum.  PUBLIC HEARING:  1. Economic Development Incentive Grant - Project Neyer: In accordance with NCGS 158- 7.1(a), The Town Council has calledi for aj public hearing to consider an economic development  incentive grant and adoption of Resolution No. 706 (15-2022)    6394  Councilman Barbour made a motion, seconded by Councilman Wood, to open the public  hearing. Unanimously approved  Mike Fleming, Smithfield's representative ont the. Johnston County Economic Development Advisory Board, addressed the Council on the proposed economic development incentive grant for the Neyer project. He explained it was Al Neyer's desire to invest and build a state of the art 260,000 square foot Class A manufacturing facility in Smithfield on Wal Pat Road. Neyer was a leading commercial real estate development and design build firmi inr multiple markets throughout the eastern United States. In addition to the $25 million investment, this project has the ability to create over 25 newj jobs in the near future with an average salary of over $50,000 annually. The economic development incentive comes at no risk to the taxpayers as these incentives are only given as ar result oft the company's commitment to follow through and invest in Smithfield. The incentive comes from a percentage of taxes Neyer or its client pays. Ift the required benchmarks set forth in the agreement are not met, no incentive will be given. Mr. Fleming explained that in order to offer the economic development incentive, it must meet four statutory requirements. Itmustr meett thej job creation requirement, which this does with the proposed 25j jobs. It must meet the investment threshold, which it does with the $25 millioni investment. Itc doesn't compete with any other! location. Andi itr must meet thej job diversification requirement, which it does. Mr. Fleming introduced Mr. Gutter expressed his appreciation to Town Staff for their work on the project thus far. He explained that projects like this do not come to fruition without the economic development grants awarded by the Town and County. He expressed his appreciation tot the Town Council for considering the grant. Councilman Stevens questioned ifthis was as spec build. Mr. Gutter respondedi litwould! be a2 264,000 square foot industrial building. Neyer will build the shell, but are flexible enough that any proposed use for the Councilman Stevens further questioned ift the economic development incentive would remain with Neyeri if Town Manager Michael Scott responded the economic development incentive would follow whoever was responsible for payingt the property taxes. The granti is merely a reimbursement ofap percentage ofp property Councilman Barbour questioned if the Town Attorney agreed that the Town was in compliance with the legal requirements oft the incentive grant. Mr. Spence replied the Town was refunding 50% oft the collected Councilman Barbour further questioned ift the grant amount was based on an estimated current value. Mr. Spence responded the grant amount was an estimate. Town Manager Michael Scott responded that the Mayor Moore askedi ift there was anyone in attendance who wished to speak on the matter. There was no  Daniel Gutter with Neyer.  Mayor Moore askedi ifth there were any questions from Council.  building could! be accommodated. the building was sold.  taxes paid byt the owner oft the property. taxes over af five-year period.  granta amount was 50% ofthet total taxes collected over at five-year period.  one in attendance that wished to speak ont this matter.  Councilman Stevens made a motion, seconded by Councilman Barbour, to close the public Councilman Barbour made a motion, seconded by Councilman Wood, to adopt Resolution No. 706 (15-2022) andt the economic development incentive. Unanimously approved.  hearing. Unanimously approved  TOWN OF SMITHFIELD RESOLUTION NO.706 (15-2022)  AUTHORIZING INCENTIVES FORI ECONOMIC DEVELOPMENT WHEREAS, the Town of Smithfield seeks to promote economic growth and development within its jurisdiction and the social and economic improvement of its citizens, and desires to accelerate the quality and quantity of economic growth and employment opportunities in its jurisdiction by encouraging business enterprises satisfying the aforementioned public purposes andi thereby reduce physical, economic and social distress resulting from unemployment and under employments existing in WHEREAS, while the Town of Smithfield offers many advantages as a business destination, it suffers from a shortage of ready-to-go industrial, assembly, and manufacturing space and desires to promote economic growth and development WHEREAS, the Town of Smithfield isi inc discussions with Brogden Industriall, I, LLC (the Company") toi inducet the Company to locate a new Building (the" "Building") which will provide Class/ As speculative building spacef fori industrial, assembly, and manufacturing WHEREAS, the Company proposes to develop and build a 264,000+l- square foot, single-story, cross-docked, concrete tilt-up, Class A speculative industrial facility, with flexible design and accommodating auto parking, truck docks, and trailer storage,  itsj jurisdiction;  opportunities ini the Town;  purposes on a Project Site int the Town of Smithfield;    6395  capable ofa accommodating: industrial requirements, worth approximately twenty million WHEREAS, North Carolina General Statute 158-7.1(a) authorizes the Town tor make appropriations fore economic development purposes whichy willi increase the population, taxable property, employment, industrial output or business prospects oft the Town; WHEREAS, the Town Council has determined that granting incentives (the "Incentives") to the Company in exchange for the commitment of the Company to locate, develop and build out the Building with expandable Class A speculative industrial space ont the Project Site int the Town of Smithfield would! be! beneficiali to the Town's efforts to increase economic opportunities for its residents, its population, ad valorem tax revenues and sales tax revenues, and enhance and improve business prospects in general, including the creation ofas substantial number ofj jobs; WHEREAS, the Town Council has received and reviewed a proposed Economic Development Incentive Agreement between the Town and the Company (the Agreement") providing for the Town's granting the Incentives to the Company in consideration oft the Company's commitments setf forth int the Agreement; and WHEREAS, the Town Council has, pursuant to the notice and hearing requirements of North Carolina General Statute 158-7.1, held ap public hearing to consider whether tog grantt the Incentives ine exchange for the commitment oft the Company to locate and 1. Determines and concludes (a) that granting the Incentives in exchange for the commitment oft the Company to proceed with the development and buildout of the 264,000+)- square foot expandable Building on the Project Site would be beneficial to the Town's efforts toi increase overall economic opportunities for, and improve the general welfare of, its residents and increase its population, ad valorem tax revenues, sales tax revenues and business prospects in general and resulti int the creation ofa a number ofr new well-paying! jobs int the Town, and (b)t that the! benefits described above accruingt tot the Town will outweigh the cost oft thel Incentives granted hereunder, creating a net public benefit; and 2. In consideration for the commitment by the Company to proceed with the development and buildout oft the Building ont the Project Site in accordance with the terms set forth in the conceptual plans, Agreement, authorizes the Mayor and, alternatively, the Town Manager, subject to compliance with any pre-audit requirements under the Local Government Budget and Fiscal Control Act, to enter into and execute the Agreement, and any other necessary documents, on behalf of the Town for the Town to grant Incentives on terms not materially inconsistent with the Agreement as set forth on Exhibit A attached hereto and The Agreement shall be construed as a continuing contract in accordance with  and 00/100th dollars ($20,000,000.00);  operate thei industrial logistics facility in the Town of Smithfield. NOW THEREFORE, the Smithfield' Town Council:  incorporated herein by reference. North Carolina General Statutes S 160A-17  2. Conditional Zoning Request - Blueline. Aviation (CZ-22-03) The applicant was requesting rezoning ofa 14.43-acre tract ofl landi from anR-20A (Residential) zoning district to al PUD (Conditional Zoning) district. The property considered for approval is located oni the west side of Swift Creek Road approximately 6501 feet north ofi its intersection with Airport Industrial Drive  and further identified as Johnston County Tax ID# 15J08015B.  Councilman Wood made a motion, seconded by Councilman Barbour, to open the public  hearing. Unanimously approved  Planning Director Stephen Wensman clarified there was an error in the staff report. The Planning Board recommended denial of the request based on parking, fire access and not meeting the comprehensive Mr. Wensman explained the conditional zoning request was forap planned development consisting ofai mix ofuses: residential dormitory, classroom, offices space, hotel andf flex industrial or offices space. The property was recently cleared of trees. The front % acre to 1 acre had been graded and a gravel parking lot was installed in violation oft the code. Int the center oft the site is the remnants ofai former gravel storage yard. There have been no permits for any development on the site and none of the paving/mpervious was approved. Mr. Wensman further explained the issues with this proposed development was a mixed use planned unit development (PUD) ina an areai that was never envisioned as a mixed-use PUD. The area was guided for industrial uses. With approval of this application, the Council would be amending the Comprehensive Growth Management Plan (Comp Plan). Whatever decision made by the Council, for or against, should reference the Comp Plan. Ift the Council chose to deny the application, they could do so based on the fact thati it does not meet the Comp Plan. Int the past, the Council has approved projects that did notr meet the Comp Plan because the vision oft the developer was a good visiont that the Town wanted toa adopt. The developer has requested to voluntarily annex this property into the Town of Smithfield which  growth plan.  was the nexti item ont the agenda.    6396  The project was proposed to be developed into phases. Phase 1 and future phases, with a total of three potential phases. Phase 1 included a parking loti for the Blueline facility on the airport property and a28- room dormitory/classroom: structure (expandable for additional 24r rooms) and with +l- 127 parking spaces. Staffr recommended phase 1 includet the office/classroom buildinga andt thel laterala access. Staffi felt the phase line should be further into the site just passed the first lateral access. This was because the first building was the residential dormitory for Blue Line. The second building was a future building of office and classroom space with shared parking. The developer agreed that the phase line proposed by staff was a better option. Mr. Wensman provided a detailed description oft the first phase. By Swift Creek Road, there would be al larger parking lot that would primarily serve the Blue Line Aviation facility across the street. Given the dangerous conditions existing on Swift Creek Road, staff was recommending flashing lights or others safety equipment be installed as permitted by NCDOT to ensure public safety was achieved. There Mr. Wensman explained thei issue of parking was ap point of contention during the Planning Board meeting. The applicantr resolvedt thosei issues! by modifying thel layoutofthe! buildings. The access tot the development will be off Swift Creek Road. NCDOT has indicated it will require left turn lane into the development and an ADA accessible crosswalk tying the development into the airport property. ATIA will be required with the preliminary plat. Given the dangerous conditions that include hills, curves and poor visibility, staff recommends flashing lights or other safety equipment be installed, as permitted by NCDOT, to ensure public safety is achieved. NCDOT required turn lanes arer nots shown ont the master plan. Within the development, the developer was proposing 27' wide back-to-back streets within a 50' right-of- way. The Town's standard right-of-way width is 60' wide but a 50' wide right-of-way can be approved by the Town Council. The 50' public right-of-way may be appropriate givent the narrowness oft the development site. Wider right-of-way may restrictt the ability to develop the site. 27' wide b/b is narrow for a commercial street, although there a variety of commercial street widths in town. For comparison purposes, Towne Centre Place is 34' wide b/b and Equity Drivei is 24' wide! b/b with no parking. Lateral connections to the adjacent vacant parcel are appropriate and meett thel UDO requirements. With a revised phase 1, there will beal lateral connection int thet firstp phase and in ai future phase. Sidewalks were: shown on the north side of Also discussed: att the Planning Board, was the issue of Fire Department access. Mr. Wensman explained the master plan had been modified and was now compliant with Fire Code. The changes to the plans permit fire apparatus to obtain access to the buildings as needed. The master plan included a Fire The Site Data Table ont the master plani indicates building setbacks for front, side and rear. Depending on the future lot configuration, the indicated setbacks may not be accurate. With the conditional zoning, the setbacks are those shown ont the master plan. In Phase 1, the future 24-unit dormi is setback +/- 16' from the future street right-of-way and 25' from the adjacent property to the north. The future 2-story classroom/school administration building is setback +/- 14' from the future street right-of-way and 20' from the lateral street right-of-way. The future! hotel is approximately 28' from the adjacent property tot the north. The Master Plan showed trees int the street yard and parking islands and identified the street and buffer yards. There are no details ons shrub plantings. The developer is proposing a 50' building setback and has shown a 50' wide buffer with a Type A buffer planting between thet flexi industrial and the residential areat to the west. The buffer yard for the flex industrialoffice should have a Type C planting, not a Type A. The existing vegetation was tor remain undisturbed int this area. Foundation plantings and interior parking lot islands shrubs were not shown but are required. The developer was proposing an enhanced streetyard and side bufferyard with 3 canopy trees and 15s shrubs per 100' (2 trees and 12 shrubs/100' required). The rearl loading area ofthef flexi industrialloffice should! bes screened from ther residentially zoned property tot the The developer has shown 2 conceptual stormwater ponds located on the southern property line and adjacentt to the Airport Industrial Park. The master plan shows locations for trash and recycling enclosures as required. The PUD Masterplan shows locations for ground mounted identification signs in phase 1, but none inf future phases. An POA will be required to own and maintain the stormwater facilities and any property held in common. The POA declarations need to be submitted for review by the Town Attorney prior tof final plat. No architectural standards are proposed.. Ani illustration ofthep proposed phase 1 dormitory facility has been provided showing a prefabricated modular structure with façade details added at the entrances and elsewhere to provide visual interest. There were no details on the structures or palate of The UDOI lacks specific PUD: standards exceptf for PUD: Streets foundi in UDO Section 10.110.19. This section addresses pedestrian and vehicular connectivity only. Int the absence of specific standards, staff has evaluated the mixed-use development based oni the overall mix of uses and the dimensional regulations typically associated with those uses. Fori instance, institutional uses foundi int the O/I district have setbacks that different than thosef found in commercial uses foundi int the B-3: zoning district. Deviations from UDO. Because there are no specific PUD standards, there arer no specific deviations requested from the UDO, however there are clearly several standards shown that should be considered:  was a condition of approval relatedt to DOTI improvements for safety.  the proposed street. Af five-foot sidewalk was required along Swift Creek Road.  Apparatus Plan.  The setback from Swift Creek Roadi is 50.  northy with and opaque fence, wall ors solid vegetated buffer.  materials to be used ont the future buildings. PUD Conditional zoning:  Industrial standards are again slightly different.    6397  Standard Front Yard Setbacks Architectural Standards  UDO Typical O/I=25' B-3=35' LI=50' None required, but typically provided with Conditional Zoning  Proposed 15' for hotel and dormitory None provided  Right-ofway/Street Transportation Plan Street 27' b/b street in 50'  Typology recommends a 34'b/b right-of-way. 5'sidewalk on Swift Creek Road None provided.  in6 60' right-of-way.  Sidewalk  Proposed Standards Exceeding UDO Requirements.  The round-a-bout wille exceed the minimumi turn radius specified int the Standard Details and Enhanced Streetyard and Side bufferyard plantings with 3 canopy trees and 15 shrubs per 1001 linealf feet. Parking island spacing reduced from 15 spaces to 14 spaces resulting in more interior parking planting.  Specifications Manual. 7% opens space.  The minimump parkingi island area increasedi from 100 sq. ft. to1 160sq.f ft.  Consistency: Statement (Staffs Opinion)  With the approval oft the rezoning, the Town Council is required to adopt a statement describing whether the action is consistent with the adopted comprehensive plan and other applicable adopted plans and that the actioni isr reasonable andi int the publici interest. Planning Staff considers the action to be consistent and Consistency with the Comprehensive Growth Management Plan - the development is not consistent with the comprehensive plan. If approved, the Council should acknowledge that the comprehensive plan is Consistency with the Unified Development Code - the property will be developed in conformance with the UDO conditional zoning provisions thata allows a good faith negotiation of development standards. Compatibility with Surrounding Land Uses The property considered for rezoning will be compatible with  reasonable:  hereby amended guiding the property for Mixed Use development.  the surrounding land uses. STAFF RECOMMENDATION:  Planning Staff recommends approval of CZ-22-03 with the following 9 conditions:  1. That the parking lot entrances be constructed in accordance with the town's standard driveway apron detail- - drawing 0315 and that the detail be provided on future construction drawings. 2. That the landscape plan be provided meeting the minimum requirements oft the UDO Part III and with enhanced: streety yard and side bufferyard consisting of3 canopy trees and 15 shrubs per 100 3. A5' wide public sidewalk shall be provided along the Swift Creekr right-of-way. 4. Thel POA declarations needt tol be submitted for review by the Town Attorney prior tof final plat. 5. That architectural standards be drafted andi included int the POA declarations. Thata an POAI be responsible for the ownership and maintenance of all common amenities. 7.1 Thatf flashing lights or others safety equipment bei installed, as permitted by NCDOT, to ensure public safety is achieved at the crosswalk on Swift Creek Road along with all other NCDOT required 8. That phase 1i include the future 2-story simulator classrooms/school administration building and 9. AIIF Parking areas shall be paved with bituminous or concrete with standard curb and gutter. The Planning Board, ati its July 14, 2022, meeting unanimously votedt to recommend denial of CZ-22-03, Bluel Line Aviation. Sincet thatt time, ther master plan has been amended addressing fire codei issues, parking issues and with enhanced landscaping. The Planning Board has not reviewed the amended master plan. Planning Director Stephen Wensman has incorporated his entire record and provided itt to the Council in Councilman Wood questioned ift the applicant was currently in violation of the code and had not pad the accrued fines. Mr. Wensmani responded there was a code enforcement: action against the applicant and he  lineal feet.  improvements. laterala access road.  written form int the October 4, 2022 agenda packet. Mayor Moore asked ifthere were any questions from Council. was not aware ifany fines had been collected.    6398  Mayor Pro-Tem Dunn questioned whos sett the standards for safety equipmentt tol bei installed on Swift Creek Road. Mr. Wensman responded NCDOT sets the standard, buts staffi is encouraging ar more robust safety Councilman Barbour askedi ift the Comprehensive Plan was justa a guestimation of what the Town believed could be developed in certain area. Mr. Wensman responded itv was used as a guide for development, but Councilman Stevens questioned the maintenance of the streets inside the development. Mr. Wensman responded they would! become Town maintained: streets ifthe annexation was approved. Mayor Moore asked ift there was anyone in attendance who wished tos speak ont the matter. Patrick Byker with Morningstar Law Groupr made al brief presentation tot the Council. Hee explained this was ai fairlyt tough site to develop because oft thes shape oft the parcel. While it contained 14.4 acres, itv was only 275f feetv wide, and it's over 2000 feet deep. He expressed his appreciation to Planning Staff and Fire Staff for their guidance which allowed the applicant to achieve the final version. He stated the applicant agreed with all the conditions outlined by Mr. Wensman. He further stated they recognized that there have been zoningi issues ont this site and they wish tor move forward and resolve the fine issue int the near future. The plan beforet the Council was reviewed and amended duet to staff and the Planning Board'si input. Mr. Byker explained that the firstp phase reflected what Blueline neededt to expandi its enrollment and better serve its students. Thef first phase oft the rezoning wouldr noti increase traffic materially over what is on Swift Creek Roadt today. They) will work with NCDOT on alli the required traffic and safety improvements. Beside the dormitory, ani instructional building willl bel built primarily to houset tof flights simulators. Ini future phases, an relatively small hotel will be built consistent with airports around the Country. Mr. Byker outlined the list Emily Rubio, ai flighti instructor for Blueline, spoke tot the Council aboutt the needi for this rezoning and how Adam Walters, President of Blueline, spoke to the Council about its expanded capacity and how the Mayor Pro-Tem Dunn questioned the current student capacity. Mr. Walters responded there were 75 students which was maximum capacity currently for the school. Mayor Pro-Tem Dunn further questioned the length oft time for the school. Mr. Walters responded itv was a5%t to 6-month program. Councilman Barbour questioned where the current students were housed. Mr. Walters responded they Councilman Barbour stated he would like to add an additional condition of approval that all outstanding Mayor Moore askedi ift there was anyonei ina attendance who wished tos speak ont the matter. Mark Lane, Chairman of the Planning Board, stated the Planning Board denied this request because of inadequate parking. Hes stated he did notf feel the new plan addressed the parking concerns. Mr. Wensman responded that the plan had! beenr reconfigured to address any parking issues.  device.  itcould be amended by the Council.  ofwayst the plan exceededi the Town's standards. thes school couldi increase the number ofs students. business would like to continue its growth in Smithfield.  were housed across the County ins shared apartments.  zoning violation issues ber resolved  Councilman Barbour made a motion, seconded by Councilman Stevens, to close the public Councilman Barbour made a motion, seconded by Mayor Pro-Tem Dunn, to approve the zoning map amendment, CZ-22-03, with the 10 conditions of approval, finding the rezoning consistent with the Town of Smithfield Comprehensive Growth Management Plan as hereby amended and other adopted plans, and that the amendment is reasonable and in the public 1. That the parking lot entrances be constructed in accordance with the town's standard driveway apron detail - drawing 0315 and that the detail be provided on future 2. That the landscape plan be provided meeting the minimum requirements of the UDO Part III and with enhanced streety yard and side bufferyard consisting of3 canopy trees 3. A5' wide publics sidewalk shall be provided alongt the Swift Creek right-of-way. 4. The POA declarations need tob bes submitted forr review by the Town. Attorney prior tof final That architectural standards be drafted and included int the POA declarations. That an POA be responsible for the ownership and maintenance of all common 7. That flashing lights or other safety equipment be installed, as permitted by NCDOT, to ensure public safety is achieved at the crosswalk on Swift Creek Road along with all 8. That phase 1 include the future 2-story simulator classrooms/school administration 9. All Parking areas shall be paved with bituminous or concrete with standard curb and  hearing. Unanimously approved  interest. Unanimously approved. Approved Conditions:  construction drawings. and 15 shrubs per 100 linealf feet.  plat. amenities.  other NCDOT required improvements. building and lateral access road.    6399  gutter.  10. All outstanding zoning violation issues be resolved  3. Annexation Request - Blueline Aviation (ANX-22-02): The applicant has submitted a petition forav voluntarily noncontiguous annexation of1 14.43 acresi intot the Town of Smithfield and adoption  of Ordinance No. 511.  Councilman Barbour made a motion, seconded by Councilman Wood, to open the public  hearing. Unanimously: approved  Planning! Director Stephen Wensman explained this wast thet third stepi int the annexation process. Hei further explained this was a satellite annexation and due to special legislation, the Town was not limited to the amount ofp property that could be annexed. He explained the Clerk certified the sufficiency oft the petition at aprevious meeting. Mr. Wensman stated staff was recommending approval oft the annexation request by Councilman Stevens questioned ifthe Town was only allowed a certain amount ofl land it could annex into the Town via satellite annexation. Mr. Wensman responded the Town has a special issued legislation by the NC General Assembly that states there was nol limit to the amount ofl land that could be annexed that Mayor Moore askedi if there was anyone in attendance who wished to speak ont the matter. Patrick Byker with Morningstar Law Group respectfully asked the Council to approve the annexation  Blueline Aviation.  Mayor Moore askedi ifthere were any questions from Council.  was noncontiguous tot the corporate limits.  petition.  Councilman Barbour made a motion, seconded by Councilman Rabil, to close the public Councilman Barbour made a motion, seconded by Councilman Wood, to adopt Ordinance No. 511 approving the noncontiguous annexation petition and extending the corporate limits oft the  hearing. Unanimously approved  Town of Smithfield. Unanimously approved. TOWN OF SMITHFIELD, NORTH CAROLINA  ORDINANCE No. 511 TO EXTEND THE CORPORATE LIMITS OF THE  WHEREAS, the Town Council has been petitioned under G.S. 160A-58.1 to annex the area WHEREAS, the Town Council has by resolution directed the Town Clerk to investigate the WHEREAS, the Town Clerk has certified the sufficiency oft the petition and a public hearing on the question oft this annexation was held int the Council Chambers oft the Smithfield' Town Hall at7 7:00 pm on October 4, 2022 after due notice by publication in the Johnstonian News on WHEREAS, the Town Council finds that the area described therein meets the standards of a. The nearest pointo oni the proposed satellite corporate limitsi is not more than three . No point ont the proposed satellite corporate limits is closer to another municipality than The area described is so situated that the Town will be able to provide the same services within the proposed satellite corporate limits that it provides within the d. No subdivision, as defined in G.S. 160A-376, willl bef fragmented byt this proposed . By virtue of an act oft the General Assembly, The Town of Smithfield is exempt from exceeding ten percent (10%) of the area within the primary corporate limits of the WHEREAS, the Town Council further finds that the petition has been signed by all the owners WHEREAS, the Town Council further finds that the petition is otherwise valid, and that the public health, safety and welfare oft the Town and oft the area proposed for annexation will be  described below; and sufficiency oft the petition; and September 21, 2022; and G.S. 160A-58.1 (b), to wit:  (3) miles from the corporate limits oft the Town;  tot the Town;  primary corporate limits; annexation; Town, and  oft the real property in the area who arer required by lawi tos sign; and  best served by annexing the area described;    6400  NOW, THEREFORE, BE IT ORDAINED by the Town Council oft the Town of Smithfield, North Section 1. By virtue of the authority granted by G.S. 160A-58.2, the following described non-contiguous territory is hereby annexed and made part oft the Town of Smithfield, as of APARCEL OF LANDI NOW OR PREVIOUSLY OWNED BY BLUE LINE. AVIATION, LLC (DB 6090 PG 571) LOCATED IN THE TOWN OF SMITHFIELD, JOHNSTON COUNTY, NORTH CAROLINAI ANDI BEING MORE PARTICULARLY DESCRIBED. AS FOLLOWS: BEGINNING AT Al FOUND IRON PIPE ON THE WESTERLY LINE OF SWIFT CREEK ROAD (SR #1501; 60 FOOT PUBLIC RIGHT OF WAY); SAID POINT BEING THE SOUTHERNMOST CORNER OF SAIDI LANDS OWNEDI BYI BLUEI LINE AVIATION, LLC; THENCE N 49-13-59 W A DISTANCE OF 100.89 FEET TO AN IRON PIPE AT THE EASTERN MOST CORNER OF LANDS NOW OR FORMERLY OWNED BY RONNIE THENCEN4B-51-54WS ON THE NORTHEASTERLYI LINE OF SAID STEPHENS LANDS, ADISTANCE OF 226.8 .82 FEET TO. ANI IRON PIPE. ATI THE EASTERN MOST CORNER OF LANDS NOW OR FORMERLY OWNED BY CMC REALI ESTATE (DB 5778 PG 880); THENCEN4 48-53-11WONT THE NORTHEASTERLYLNE: OF SAID CMC REALI ESTATE, AI DISTANCE OF 338.4 .42 FEETTO. ANI IRON PIPE AT THE EASTERN MOST CORNER OF LANDS NOW OR FORMERLY OWNED BY MESSENGILL RENTAL (DB 6072 PG THENCENAESD3IWON: THE NORTHEASTLYLINE OF SAID MASSENGILL RENTAL, THENCE N 63-19-20 W ON THE NORTHERLY LINE OF SAID MASSENGIIL RENTAL, AND DCB BLDG, LLC (DB 5894 PG278) AD DIS-TANCE OF 602.90 FEETTO AN IRON PIPE AT THE EASTERN MOST CORNER OF LANDS NOW OR FORMERLY OWNED THENCE N6 63-18-15 WONT THE NORTHERLYI LINE OF SAID EMG PROPERTIES LLC, AI DISTANCE OF 695.95 FEET TO AN IRON PIPE ON THE EAST LINE OF SUNSET THENCE N 0-17-51 W ON THE EAST LINE OF SUNSET POINTE SUBDIMISION A DISTANCE OF 325.01 FEET TO AN IRON BAR AT THE INTERSECTION WITH THE SOUTHERLYLINE OF LANDS NOWORI FORMERLY OWNED BYE BYRDS WHOLESALE THENCE S6 63-42-56 EA ON THE SOUTHERLY LINE OF SAID BYRDS WHOLESALE THENCE S 50-21-23 E CONTINUING ON THE SOUTHERLY LINE OF SAID BYRDS WHOLESALE INC, A DISTANCE OF 740.40 FEET TO THE WEST LINE OF SWIFT THENCE ON THE WEST LINE OF SWIFT CREEKI ROAD THE FOLLOWING 4 CALLS: (1) S32-34-331 WADISTANCE OF 40.76 FEETTO. AN IRONE BAR; (2) S28-33-01 WA Al DISTANCE OF 66.55F FEET TO AN IRONE BAR; (3) S24-04-37 WAI DISTANCE OF 61.71 FEET TO AN IRON BAR; (4) S 18-59-20 WAI DISTANCE OF 156.05 FEET TO THE POINT OF BEGINNING. CONTAINING 628,567 SQUARE FEET, OR 14.43 ACRES MORE OR LESS. Section 2. Upon and after October 4, 2022, the above-described territory and its citizens and property shall be subjectt to all debts, laws, ordinances, and regulations inf force int the Town of Smithfield and shall be entitled tot the same privileges and benefits as other parts oft the Town of Smithfield. Said territory shall be subject to municipal taxes according to Section 3. The Mayor oft the Town of Smithfield shall cause to be recorded in the office of the Register of Deeds of Johnston County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map oft the annexed territory, described in Section 1 above, together with a duly certified copy this ordinance. Such a map shall also be delivered tot the Town Board of Elections, as required by G.S. 163-288.1.  Carolina that:  January 4, 2022  3149B SWIFT CREEKI ROAD DESCRIPTION  STEPHENS (DB 5194 PG6 694);  711);  ADISTANCE OF 96.51 FEETTO, AN IRON BAR; BYE EMG PROPERTIES, LLC (DB4542PG471);  POINTE SUBDIMISION; INC (DB 1185 PG278);  INC, AI DISTANCE OF 1446.131 FEETT TO ANI IRONI BAR;  CREEK ROAD;  G.S. 160A-58.10.  4. Amendments to the Town's Code of Ordinances Article IV Chapter 5" "Buildings and Building Regulations", Article V Chapter 5" Commercial Building Maintenance and Appearance  Regulations" and Chapter 8 Garbage, Trash and Refuse    6401  Councilman Barbour made a motion, seconded by Councilman Rabil, to open the public  hearing. Unanimously approved  Town Attorney Bob Spence addressed the Council on amendments tot the Town's Code of Ordinances. He explained the amendments were to comply with the new NC General Statutes 160D. Included in the Ordinances was an unsafe building code which allows Towns to specify the conditions they think are necessary for safe and usable commercial buildings. Also included in the Ordinances was basically a maintenance ordinance for yard maintenance. Mr. Spence further stated that the Council reviewed these Ordinance amendments during a recent special meeting and no changes were made since that meeting. Councilman Barbour questioned ifthe Council needed separate motions for each oft the amendments. Mr. Spence responded that only one motion was neededi ifti the Council wished to approve all ofthe ordinances. Town Manager Michael Scott reminded the Council that they would need a super majority to adopt any Mayor Moore askedi ift there was anyonei in attendance who wished to's speak ont the matter. There was no  Mayor Moore askedi ift there were any questions from Council.  ordinance ont the firstr reading  one ina attendance that wished tos speak ont this matter.  Councilman Barbour made a motion, seconded by Councilman Wood, to close the public Councilman Barbour made ar motion, seconded by Councilman Wood, to adopt Ordinance No. 512, Ordinance No. 513 and Ordinance No. 514. Unanimously approved. fAttached hereto and made an official part oft these minutes are Ordinance Numbers 512,513 and 514 whichi is onf filei int the Office oft the Town Clerk)  hearing. Unanimously approved  5. Unified Development Ordinance Text Amendment Request - Town of Smithfield (ZA-22-02): The applicant is requesting an amendment to Unified Development Ordinances, Section 3.4.2.2, Composition and' Vacancies to reduce the Board of Adjustment size from 7 regular members to 5 regular members and to amend Sections 3.3.3.2, 3.4.2.3. and 3.5.4. to allow no more than 3 absences per calendar year for the Planning Board, Board of Adjustment and Historic  Preservation Commission members  Councilman Rabil made ar motion, seconded by Councilman Stevens, to open the public  hearing. Unanimously approved  Planning Director Stephen Wensman explained thats staff was requesting the Town Council review the UDO amendment referring to the number of Board of Adjustment members and attendance regulations for all Town Boards. He explained that over the past couple ofy years, there have been numerous vacancies and absences on Town boards making it difficult to conduct the business of the Town. The amendment addressed the issue by reducing the number ofE Board ofA Adjustment members. The Board of Adjustment meets on an as needed basis. Currently, it is a seven-member board, but reducing it to ai five-member board allows the boardt tor maintain a quorum. The other amendment creates consistency ina attendance and common requirements for the Planning Board, Board ofA Adjustment and Historic Properties Commission. Instead ofb being three consecutive meetings ber missedi for a reason fort termination, staff is proposing three Stafff finds thez zoningt text amendment: asp proposed consistency with the Town ofs Smithfield Comprenensive Growth Management Plan and other adopted plans, and that the amendment is reasonable and in the Planning Staff and the Planning Board recommend approval oft the: zoning text amendment, ZA-22-2, with a statement declaring the request consistent with the Town of Smithfield Comprehensive Growth Planning Director Stephen Wensman has incorporated his entire record and provided it to the Council in  meetings ina a calendar year. Consistency Statement (Staff Opinion):  publici interest. Recommendation:  Management Plan andi that the request is reasonable andi int the publici interest. Mayor Moore askedi ift there were any questions from Council. There were none. Mayor Moore asked ift there was anyone ina attendance who wished to speak ont the matter. Markl Lane, Chairman oft the Planning Board, statedt the Planning Board wanted to make sure that there was a difference between being sick and missing a meeting andj justs simply missing a meeting. Mr. Wensman replied thatt the Ordinance was further reviewed by the Town Attorney after the Planning Board Councilman Barbour madea a motion, seconded by Mayor Pro-Tem Dunn, to close the public  written form int the October 4, 2022 agenda packet.  meeting. The proposed text amendment was in compliance with the statute.  hearing. Unanimously approved    6402  Councilman Wood made a motion, seconded by Councilman Rabil, to approve of zoning text amendment, ZA-22-02, finding the amendment consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment is  reasonable and int the publici interest. Unanimously approved.  DRAFT ORDINANCE#ZA2202  AN ORDINANCE TO AMEND THE TOWN OF SMITHFIELD UNIFIED DEVELOPMENT ORDINANCE ATTENDANCE REQUIREMENTS FOR ALL TOWN BOARDS  ARTICLE31 PERTAINING TO THE BOARD OF ADJUSTMENT MEMBERSHIP AND WHEREAS, the Smithfield Town Council wishes to amend certain provisions in the Unified Development Ordinance by making changes to the Town of Smithfield Unified Development Ordinance tor reduce the number of Board ofA Adjustment membership by 1 in-Town and 1-ETJ member and top provide reasonable and consistent board attendance regulations for all Town WHEREAS, it is the objective of the Smithfield Town Council to have the UDO promote regulatory efficiency and consistency and the health, safety, and general welfare of the NOW, THEREFORE, be it ordained that the following Articles are amended to make the following changes set forth int the deletions (strikethroughs) and additions (double underlining) [Revise Article 3, Section 3.3.3.1. COMPOSITION AND VACANCIES, amending the section and creating a new subsection 3.3.3.2 ATTENDANCE AT MEETINGS with 3 absences per  boards. community; below: PART1  year ast the reasonable number of absences for the Planning Board] 3.3.3.1. Composition and Vacancies. The Planning Board....  Falihviatendansedktedfhe-meeingsaHne Planning BoardiscensideredaperegusHe-eFRe maintenance-of-membership-on-the- Planning Board. Falure-o-aHend-Nvee-g,censecive pate reasonfor eminstonotmemsessPOR-RePamaing 3.3.3.2. Attendance at Meetings. Faithful attendance att the meetings of the Planning Board isir important fort the functioning oft the board. lfar member is absent from three meetings within any 365-day period without permission ofthe! board and the member does not resign, then the Town Manager may hold ani informal hearing with thel Member ast toy whether his or her absence is excusable or whetheri its sO damages the Board as to constitute cause for removal. After the hearing the Manager may excuse the absences or may refer the issue tot the Town Council for ahearing ony whethert therei is cause forremoval. The Manager shall givet the Member 10 days' notice oft the time and place of the hearing and the Member may present evidence as toy why  ORPRP'OWRCURe  he or she should not be removed.  PART2  [Revise Article 3, Section 3.4.2.2 MEMBERSHIP AND VACANCIES. Tor reducet the number of in-town and ETJ members by 1 each in order to better keep af full membership of the board. Also, create a news subsection 3423ATTENDANCE, ATN MEETINGS with 3a absences per year 3.4.2.2. Membership and Vacancies. The Board of Adjustment shall consist off five (5) seven (7) regular members and two (2) alternate members. Five(5) Four (4) members and one (1) alternate member shall be citizens and residents of the town and shall be appointed by the Smithfield Town Council. One(1_member Two(2) members and one (1) alternate member shall be citizens and residents of the extraterritorial jurisdiction surrounding the Town of Smithfield, as described pursuant to NCGS 160D-307 and shall be appointed by the Board of 3.4.2.3. Attendance at Meetings. Faithful attendance at the meetings of the Board of Adjustment is important for the functioning of the board. far member is absent from three meetings within any 365-day period without permission oft the board and the member does not resign, then the Town Manager may hold ani informal hearing withthe Member as to whether his orher absence is excusable or whetheri its so damages the Board ast to constitute causef for  ast the reasonable number ofa absences for the Board ofA Adjustment]  County Commissioners of Johnston County...."    6403  removal After the hearing the Manager may excuse the absences ormayrefert the issuet tothe Town Council fora a hearing on whether therei is causef for removal. The Manager shall give the Member 10 days notice of the time and place oft the hearing and the Member may_present  evidence as toy why he or she should not be removed.  PART3  [Revise Article 3, Section 3.5.4 Attendance at Meetings. with 3 absences per year as the reasonable number ofa absences for the Historic Preservation Commission] 3.5.4. Attendance at Meetings. Faithful attendance at the meetings of the Historic Preservation Commission isi important for the functioning of the board. Ifa member is absent fromt three meetings within any 365-day periody without permission oft the board andt the member does not resign, then the Town Manager may hold anj informal hearing with the Member as to whether his or her absence is excusable or whether itso damages the Board as to constitute cause for removal After the hearing the Manager may excuse the absences or may refert the issue tot the Town Council for a hearing on whether there is cause for removal. The Manager shall give the Member 10 days' notice oft the time and place oft the hearing and the Member ysdeaw*-----epEVA eFmeehanowr-meinpnassesyerIPENESAFSNeberan4 shall ber eplaeedorreappontest/e-TownCaumsil-ThecunslesialctwAhAsMeF-89, daystof fllvacaneies-enthe-GOPISSIOR: AMsenedebsoass.dasAebmyaNs emergencies-ef kematureshalbe-reeresganaesasapprov8SaEseRSeSaRdEn3-AG-aHectne memberssaNusontNesoRAASPIeedsg-anyehersweN That the Unified Development Ordinance shall be page numbered and revision dated as That these amendments oft the Unified Development Ordinance shall become effective upon  mayp present evidence ast to why he or she should not be removed.  use'orprelengedabsence-e-membersha-berepseed.  PART4 PART5 adoption.  necessary to accommodate these changes.  CITIZEN'S COMMENTS: Gardner Festival. CONSENT AGENDA:  Elizabeth Temple shared with the Council information concerning Ava Gardner and the upcoming Ava  Councilman Barbour made a motion, seconded by Councilman Rabil, to approve the following items as  listed on the ConsentAgenda: 1. Thet following minutes were approved: August 30, 2022- Special Meeting August 30, 2022- Closed Session September 6, 2022 Regular Meeting September 6, 2022- - Closed Session  2. Special Event: Faith and Blue- The Smithfield Police Department was granted approval to hold an evento on October 8, 20221 from 10:00 am until 2:00 pm at Smith Collins Park. The use of amplified 3. Special Event: Ava Gardner Festival - The Ava Gardner Museum was granted approval to hold its festival on October 8, 20221 from 9:00 am until 5:00 pm at 358 East Market Street. The use of 4. Special Event: Down Home NC Super Saturday Event - Down Home NC was granted approval to hold ane event on October 29, 20221 from 10:00 am until 4:00 pm at Smith- Collins Park. The use of 5. Special Event: Homeless Outreach Community Event - Greater Vision Worship Center Church of Gd of prophecy was granted approval to hold a community outreach event on November 19, 2022 from 9:00 am until 4:00 pmi int the parking lot of 350 East Market Street. The use of amplified sound was  sound was also approved. amplified sound was also approved. amplified sound was also approved.  also approved.    6404  6. Careerl Ladder Promotion: Approval was granted top promote al Police Officer Il tot the rank of Master 7. Adoption of Resolution No. 710 (19-2022) allowing retiring Policel Lieutenant Nathan Memmelaar to  Police Officer  purchase his service badge and weapon  TOWN OF SMITHFIELD RESOLUTION NO.7 710 (19-2022) AWARDING BADGE. AND: SERVICE' WEAPONTO RETIRING POLICE LIEUTENANT NATHAN MEMMELAAR  WHEREAS, NCGS S 20-187.2 provides that retiring members of municipal law enforcement agencies may receive, att the time oft their retirement, the badge worn or WHEREAS, NCGS S 20-187.2 further provides that the governing body of the municipal law enforcement agency may, ini its discretion, award to a retiring member WHEREAS, Lieutenant Nathan Memmelaar has served as a sworn law enforcement officer in North Carolina for 30 years with 20 of those years as a member of the Smithfield Police Department. Lieutenant Memmelaar will be retiring from the NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council do hereby declare the service firearm (Glock 45, Serial Number BSTD914) and badge used by Lieutenant Memmelaar during his service with the Town of Smithfield as surplus property and be awarded tol him at a cost of$1.00 on his retirement.  carried! by them during their service with the municipality; and the service weapon ofs such retiring member; and Smithfield Police Department on November 1,2022.  8. Adoption of Resolution No. 711 (20-2022) allowing Retiring Master Police Officer Rickey Parker, Jr.t to  purchase his service badge and weapon  TOWN OF SMITHFIELD RESOLUTION NO. 711 (20-2022) AWARDING BADGE. AND: SERVICE WEAPON" TO RETIRING MASTER POLICE OFFICER RICKEY PARKER,Jr.  WHEREAS, NCGS S 20-187.2 provides that retiring members of municipal law enforcement agencies may receive, att the time oft their retirement, the badge worn or WHEREAS, NCGS S 20-187.2 further provides that the governing body of the municipal law enforcement agency may, ini its discretion, award to a retiring member WHEREAS, Master Police Officer Rickey Parker has served as a sworn law enforcement officer in! North Carolina for 20y years with 7 oft those years as a member oft the Smithfield Police Department. Officer Parker willl be retiring from the Smithfield NOW, THEREFORE, BE IT RESOLVED by the Mayor and Town Council do hereby declare the service firearm (Glock 45, Serial Number BSTD916) and badge used by Officer Parker during his service with the Town of Smithfield as surplus property and  carried by them during their service with the municipality; and the service weapon ofs such retiring member; and Police Department on November 1, 2022.  be awarded tol him ata a cost of$1.00 on his retirement.  9. Approval was granted toi install crosswalks on Fourth Streeta and Johnston Street near First Baptist 10. Bid was awarded and contract approved with the Wooten Company for design services oft the West  Church.  Smithfield: sanitary Sewer Improvements Project  11. Advisory Board Appointment 12. New Hire Report Position Administrative Assistant Police Officerl P/TI Firefighter (3) P/TS SRAC Staff (4) PITS SRAC Staff PIT SRAC Staff Utility Line Mechanic (2)  Emery Ashley, Jr. was appointed tos serve at first term ont the Appearance Commission and  Historic Properties Commission  Department PW- Streets Police Fire P&R- -Aquatics P&R- -Aquatics P&R -Aquatics  Budget Line  Rate of Pay  10.30.5600-5700-0200 $19.57/hr. ($40,705.60/yr.) 10.20-5100-5100-0200 $21.82/hr. ($48,789.52lyr.) 10.20-5300-5100-0210 $17.60/hr. 10-60-6220-5100-0210 $10.00/hr. 10-60-6220-5100-0220 $10.00/hr. 10-60-6220-5100-0230 $10.00/hr.  PU-Water/Sewer 30-71-7220.5100-0200 $17.03/hr. ($35,422.40lyr.)    6405  Water Plant Superintendent PU- Water Plant  30-71-7200-5100-0200 $29.12/hr. (S60,569.60lyr.)  Current Vacancies Position Electric Line Technician Facility Maintenance Specialist Police Officer Sanitation Equipment Operator Utility Line Mechanic  Department PU- Electric P&R- - Recreation Police PW- Sanitation PU- Water/Sewer  BudgetLine 31-72-7230-5100-0200 10-60-6200-5100-0200 10.20.5100-5100-0200 1040-5800-5100-0200 30-71-7220-5100-0200  BUSINESS ITEMS:  1. Consideration and request for approval to allow the Fire Department to hire and Fire Chief Michael Brown addressed the Council on ar request to hire an additional firefighter due to a pending retirementi in the Department. Hee explained hei is currently int the process of hiringt twoi firefighters due to vacancies and with a pending retirement, he would like to hire at third out of the current pool of candidates. Hiring the additional position, would also allow thei threef firefighters to bet trained att the same Mayor Moore questioned the impact to budget. Town Manager Michael Scott responded there may be some minori impact tot the! budget dependent on when the hiringt takes place. Based on the timeline ofthe hiring and the retirement, hei felt confidentt that the Fire Department's budget would be fine. Mayor Moore questioned if the employee chose not to retire then what would be the plan of action. The Town Manager responded thati int this scenario, he would usei funding fromi the part-time salary line to pay fort thef full-time employee until such time as the retirement occurs. The Town Manager further stated that the Council sets the number of positions that can be filled. The Council would need to approve the additional hire temporarily until wel have ar resignation/retirement to fillt this through attrition.  additional Firefighter position due to a pending retirement  time.  Councilman Barbour made ar motion, seconded by Councilman Wood, to approve the position  until sucht time as the retirement takes place. Unanimously approved.  Councilmembers Comments:  Councilman Barbour informed Council oft the second annual Drone Fly In! Day on Saturday, October 8th Mayor Moore reminded the Council oft the Ava Gardner festival that would be held in Smithfield during  the upcoming weekend. Town Manager's Report:  Town Manager Michael Scott gave al brief update tot the Council ont the following items:  October is Fire Prevention Month, as people begin tot turn their furnaces, fireplaces and portable heaters back on for the colder weather. The Fire Department is scheduled to provide presentations on fire Boo Bash is scheduled: att the Sara Yard Community Center from 4:301 to 6:30 on October 28th. Trunk or Treati iss scheduled at Community Park on October 29th from 10:30 am to 12:30 pm. Trick or Treati is scheduled for Monday, October 31st from 5:00 pmt to 8:00 pm. Residents are asked to leave porchl lights on to welcome children who aret trick ort treating the area. The annual Veterans Day Celebration will take place at Community Park on November 11th from 5:30 pm to 8:30 pm. There will be al live band, foodt trucks and a great fireworks display, as well as at time to Mayor Moore asked for an explanation of the Town's revenues and expenditures where vastly different in comparison tol last year. Finance Director Greg Siler explained that the Finance Department "setted up" prior year revenues and expenditures earlier this year that it had in years past. He explained this was simply an Councilman Wood made a motion, seconded by Councilman Rabil to enter into Close Session pursuant to the Councilman Barbourr made ar motion, seconded by Councilman Rabil, tor reconvenel in open session. Unanimously  prevention int the local schools.  thank and recognize alli the Veterans ina attendance.  accounting and there were not financial issues. Closed Session: Pursuant to NCGS 143-318.11 (a)(5) aforementioned: statute. Unanimously approved at 9:43 pm.  Reconvene in Open Session approved at 10:40 pm. No action taken following Closed Session Adjourn  Having no further business, Councilman Barbour made a motion, seconded by Councilman Stevens, to adjourn    6406  the meeting. The meeting adjourned ata approximately 10:41 pm.  OF SMITH  AER  Shannan  Acabral  L.Parrish, Town Clerk  RI 23,