6293  The Smithfield' Town Council met in regular session on Tuesday, March 1, 2022 at 7:00 p.m. in the Council  Chambers oft the Smithfield Town Hall, Mayor M. Andy Moore, presided.  Councilmen! Present: John A. Dunn, Mayor Pro-Tem Marlonl Lee, District1 David Stevens, District2 Travis Scott, District3 Dr. David Barbour, District4 Stephen Rabil, At-Large Roger Wood, At-Large  Councilmen. Absent  Administrative Staff Present Michael Scott, Town! Manager Michael Brown, Fire Chief Ted Credle, Public Utilities Director Lawrence Davis, Public Works Director Gary Johnson, Parks & Rec Director Tim Kerigan, Human Resources/PIO Shannan Parrish, Town Clerk R. Keith Powell, Chief ofF Police Greg Siler, Finance Director Stephen Wensman, PlanningDirector Administrative Staff Absent  Also Present Bob Spence, Town Attorney CALL TO ORDER INVOCATION  Mayor Moore calledt the meeting to order at7 7:00 pm.  Thei invocation was given by Councilman Scott by the Pledge ofA Allegiance.  APPROVAL OF AGENDA:  Councilman Scott made a motion, seconded by Councilman Wood, to approve the Remove from the Consent. Agenda (at the request of staff): Item 7: Consideration and request for approval to purchase and install deck grates around the perimeter of the Add to the Consent Agenda: Consideration and request for approval to adopt the  agenda with the following amendment:  competition and splash pools att the Aquatics Center  Confict-of-Interest: Policy Unanimously approved.  Add: Closed Session- - Pursuanti to NCGS 143-318.11 (a) (5)  PRESENTATIONS:  1. 2021 Police Department Officer of the Year Award  Chief of Police R. Keith Powell informed the Council that Officer Alexander Watts had been selected ast the Smithfield Police Department's 2021 Officer oft the Year. Members oft the department nominate officers for this award. Once nominated, the Team Commanders vote based on the nominations on who willr receive this award, and itis presented to the Chieff for final approval. Officer Watts has been with the Smithfield Police Department for2y years. Prior to his employment with the Town, he worked with. Johnston County Sheriffs Office as aj jailer. He currently worksi int the Patrol Division. Officer Watts was always willing to go above and beyond int the performance of his duties. He always has aj positive 2. Proclamation - Designating March 12-19, 2022 as Creek Week in the Town of  attitude. Hei is an asset tot the Department and the Town. Mayor Moore readi the following proclamation:  Smithfield  PROCLAMATION IN THE TOWN OF SMITHFIELD  DESIGNATING MARCH 12-19, 2022 AS CREEKI WEEK  WHEREAS, the first Creek Weeki in central North Carolina was observed int the City of Durham in WHEREAS, ina addition to Creek Weeks, many! local governments and organizations across central and eastern North Carolina have conducted Big Sweeps and other efforts to clean up trash in WHEREAS, Regional Creek Week, started by the NC Clean Water Education Partnershipi in 2021,  2009, and is now observed by many local governments across the state; and  waterways; and    6294  isas special week set aside where CWEP-affliated local governments concurrently work together WHEREAS, the City of Durham's Creek Week alone has removed over 160,000 pounds of trash WHEREAS, this impact could! be greatly magnified through the collective efforts of additional local governments, organizations and individuals working together to educate about and protect our WHEREAS, creeks, streams, rivers, and other waterways support outdoor recreation, fisheries, WHEREAS, healthy waterways support biodiversity, natural beauty, and provide critical habitat for NOW, THEREFORE: 1,M. Andy Moore, along with the members oft the Smithfield' Town Council, do hereby proclaim the third week in March as CREEK WEEK in the Town of Smithfield, North Carolina and encourage all citizens to celebrate Creek Week and support efforts to protect our creeks and streams, and further encourage all citizens to steward our waterways to promote the  to celebrate ands steward local creeks and streams; and have from waterways since thei first Creek Week celebration; and  waterways; and  healthy lifestyles, and safe drinking water supplies; and  aquatic wildlife; and  WHEREAS, the Town of Smithfield will celebrate Creek Week;  wellbeing oft this and future generations.  Duly proclaimed this 1st day of March 2022, whilei inr regular session.  PUBLIC HEARING: Hearings.  Town Clerk Shannan! Parrisha administered: affirmations tot thoset that wishedt to offer testimony duringt thel Public 1. Preliminary Plat Approval - Franklin Townes (S-22-01): The applicant is requesting preliminary subdivision approval to divide one parcel of land totaling 15.9 acres and located within a to the R-8 CZ (Conditional Zoning) district into 134 residential lots. The property considered for approval is located oni the southeast side oft the intersection of Wilson's Mills Road and M. Durwood Stephenson Parkway and further identified as Johnston County Tax  ID# 15083049E.  Councilman Rabil made a motion, seconded by Councilman Barbour, to open the public  hearing. Unanimously approved  Planning Director Stephen Wensman testified that Morris and Ritchie Associates of NC, PC was requesting the preliminary plat of Franklin Townes, a 134-lot townhouse development on 15.9-acres of land in a R-8 Conditional Zoning District. The property was rezoned to R-8 CZ with a site plan for the Franklin Townes development on December 7, 2021 by the Town Council. The preliminary plat was consistent with the approved master plan. The developer was proposing to phase the development with construction of 30 homes in 2023, 48 homes in 2024, 48 homes in 2025 and 8 homes in 2026. Mr. Wensman further testified that in order to approve the preliminary plat, the Town  Council needed tor meet thei four finding off fact. STAFF'S OPINION ON THE FINDINGS OFF FACT  Mr. Wensman reviewed staffs opinion oft thei findings. They are asf follows:  1. Thej plati is consistent with the adopted plans and policies oft the town; The plani is consistent 2. The plat complies with all applicable requirements of this ordinance; The plan complies with alla applicable requirements of this ordinance and the R-8 Conditional. Zoning Master 3. There exists adequate infrastructure (transportation and utilities) to support the plat as 4. The platy will not be detrimental to the use or development of adjacent properties or other neighborhood uses. The plat will not be detrimental to the use or development ofa adjacent Planning Staff recommends the Town Council approvet the preliminary plat of Franklin Townes, S-22- 01, with the following conditions based oni finding off fact for preliminary subdivisions: 1. That the subdivision be in accordance with the approved R-8 Conditional Zoning Master  with the adopted plans and policies oft the town.  Plan.  proposed. There is adequate infrastructure properties or other neighborhood uses.  Plan with the following deviations from the R-8 Zoning District:    6295  Item  R-8CZ 27' wide back-to-backi in 50' RWwith 3' utility strip Valley curbs ini front ofl units and within 10' of ane end unit. 15' 10' 20' 39-6%"  Streets & right-of-way Curb and gutter Rear setback Perimeter buffer Building separation Building height driveway apron detail. the UDO Section 10.114.8.  2. That the driveway entrances be constructed in accordance with the town's standard 3. That park dedication feesi inl lieu be paid prior to recording the final plati in accordance with That all utility fees including system development fees be paid before recording the final That the Town of Smithfield Stormwater Operations and Management agreement with a maintenance plan be submitted: and recorded prior tof final platr recording. 6. That the HOA declarations and covenants be submitted for Town Attorney review prior to a. be responsible for the ownership and maintenance of all common amenities including front, side yard and open space landscaping, the stormwater SCM, enforce the provision requiring trash and recycling rolloffs to be stored in garages  plat.  final plata andi the HOA  parking lots, recreational: amenities, and open space enforce no parking int the subdivision streets  orr reary yards.  7. That streets be posted' "no parking".  Mr. Wensman testified that many oft the above conditions were approved with the rezoning; however, Planning Director Stephen Wensman has incorporated his entire record and provided ittot the Council Mayor Moore asked the applicant if he agreed with the testimony provided by Mr. Wensman and ifhe had additional testimony to offer. The applicant, Rob Bailey, OfR&RI Development Group testified he Councilman Scotts statedt thati in thei initial discussion there was some controversy about the driveway. He asked Mr. Bailey to explained how the plans for the driveway! had changed. Mr. Bailey responded that NCDOT requires a certain distance between a majori intersection and a driveway. The driveway has been moved to the southwest, closer to the church on Wilson's Mills Road. All plans have been submittedi tol NCDOT1 fort their reviewa and approval. Mr. Bailey further testified there were two potential access pointsi intot thee existingr neighborhood. They choset tou use the one closest tol Wilson'sl Mills Road Councilman Scott questioned the phasing of the development's construction. Mr. Bailey responded that phases 1A & 1B would be constructed at the same time for at total of 76 lots. There were two reasons for this. One was because of the location oft the sewer outfall and the other reason was for the amenities and fori infrastructure. Construction is based on what the market could absorb. Mayor Moore asked ift there was in attendance that was duly sworn in who wished to testify on the matter. There was no one ina attendance who wished tot testify ont the matter.  conditions 6&7were added with this preliminary plat application. inwritten form int the March 1,2022 agenda packet.  Mayor Moore askedi ifthere were any questions from Council. There were none.  wasi in agreement with thet testimony offered! by Mr. Wensman.  because they felti itwould have thel least impact ont the current residents.  Councilman Wood made a motion, seconded by Councilman Stevens, to close the public Councilman Barbour made a motion, seconded by Councilman Rabil, to approve preliminary plat, S-22-01, with 7 conditions of approval, based on the 41 finding of fact for 1. That the subdivision be in accordance with the approved R-8 Conditional Zoning Master Plan with the following deviations from the R-8 Zoning District:  hearing. Unanimously approved.  preliminary subdivision. Unanimously approved.  Approved Conditions:  Item  R-8CZ 27' wide back-to-back in 50' RWWV with 3' utility strip Valley curbs inf front of units and within 10' ofa an end unit. 15'  Streets & right-of-way Curb and gutter Rear setback    6296  Perimeter buffer Building separation Building height  10' 20' 39-6%4"  2. Thatt the driveway entrances be constructed ina accordance with thei town's standard 3. That park dedication fees in lieu be paid prior to recording the final plat in That all utility feesi including system development fees be paid before recording the That the Town of Smithfield Stormwater Operations and Management agreement with ar maintenance plan be submitted and recorded priort tof final plat recording. 6. That the HOA declarations and covenants be submitted for Town Attorney review a. be responsible for the ownership and maintenance of all common amenities including front, side yard and open spacel landscaping, the stormwater SCM, enforce the provision requiring trash and recycling rolloffs to be stored in  driveway apron detail. final plat.  accordance with the UDO Section 10.114.8.  priort toit final plat and the HOA  parking lots, recreational amenities, and open space enforce nop parking int the subdivision streets  garages orr rear yards. 7. That streets be posted" "no parking".  CITIZEN'S COMMENTS:  Antoine Williams questioned whys some housesi in Town! had tob bel built3t to6 61 feet off the ground when other houses could be built on concrete slabs. Some houses in Belmont, Pine Acres and Sandy Run have been built 6f feet offt theg ground. Mayor Moore responded thel height has to dov with thet flood plain and FEMA requirements. Planning Director Stephen Wensman responded that there were: some lots that are affected by the floodway and the 100-year floodplain. Those lots have to be elevated 2 feet above the ordinary high water because off floodplain regulations. Mr. Wensman invited Mr. Williams to Kristin Tucker new pastor of First Baptist Church introduced herself and Brian Thayer the youth minister tot the Council. Shei informed the Council she was looking forward tol helping the Town to grow  come to the Planning Department and discuss thei issue in more detail.  and to continue tor makei ita an amazing place tol live.  CONSENT AGENDA:  Councilman Woodr made a motion, seconded by Councilman Barbour, to approve thei following items  asl listed ont the ConsentAgenda: 1. Thei following minutes were approved: January 18, 2022- - Special Meeting January 18, 2022 - Closed Session February 1,2022- - Regular Meeting February 1,2 2022- - Closed Session  2. Special Event: Fundraiser Aidan DeSimone was granted approval to hold a fundraiser at Smithfield Community Park on March 18, 2022 from 1:00pm until 5:00pm. The use of amplified 3. Special Event: Spring! Moviel Night-1 LifeSpring Church was granted approvalt to hold a spring movie nighto on April2, 2022f from 4:00pm until 10:00pm at 1220 South Brightleaf Blvd. (Civitan Field). The 4. Approval was granted to promote a Journey Lineman tot the position of Electricl Line Crew Leader. . Approval was granted to promote a Water Plant Operator Ito the position of Water Plant Operator Approval was granted alle employees to donate sick time to an employee int the Public Utilities 7. Approval was granted to adopt Resolution No. 694 (03-2022) accepting public dedication of publicl lands orf facilities for streets, parks, and public utility lines fort the East River Phases 3-7  sound andi the presence ofaf food truck were also approved.  use ofa amplified sound was also approved.  II.  Electric Department  TOWN OF SMITHFIELD RESOLUTION NO. 694 (03-2021)  RESOLUTION. ACCEPTING DEDICATION TO THE PUBLIC OF  RIGHTS-OF-WAY. AND EASEMENTS ON SUBDIVISION PLATS for East River Phases 3-7    6297  WHEREAS, G.S. 160A-374: authorizes the Town Council to accept by resolution any dedication madet tot the public ofl land orf facilities for streets, parks, public utility lines, or other public purposes, whent the lands orf facilities are located within its subdivision- WHEREAS, the Smithfield' Town Council has actedt to approve the preliminary platr named WHEREAS, the preliminary platr named in this resolution contain dedication to the public of lands or facilities for streets, parks, public utilityl lines, or other public purposes; and WHEREAS, the Smithfield' Town Council finds that itisi int the besti interest oft the public health, safety, and general welfare oft the citizens oft the Town of Smithfield to accept the NOW, THEREFORE, BE IT RESOLVED by the Smithfield' Town Council, North Carolina: Section 1. The Town of Smithfield: accepts the dedication madet to the public ofl lands orf facilities for streets, parks, public utility lines, or other public purposes offered by, Section 2. Acceptance of dedication of lands ori facilities shall not place on the City any duty to open, operate, repair, or maintain any street, utility line, or other land or facility except as provided by the ordinances, regulations or specific acts oft the Town, Section 3. Acceptance oft the dedications namedi int this resolution shall be effective  regulation] jurisdiction; and  int this resolution on. January 5, 2021; and,  offered dedication on the platr namedi int this resolution.  shown on, ori impliedi int the following approved preliminary plat:  East River Phases 3-7  Map Book 05612  Page 0276  ora as provided by the laws oft the State of North Carolina.  upon adoption oft this resolution.  Adopted the 1st day of March, 2022 in Smithfield, North Carolina.  8. Approval was grantedi toa appoint Stuartl Leet tot thel Downtown Smithfield! Development Corporation's 9. Approval was granted toa appoint. Jason Evans toa at firstt term ont the Recreation. Advisory Committee.  Board of Directors. 10. New Hire Report Position Firel Marshall Police Officerl PIT SRAC Staff- General PITS SRAC Staff- General PITI Lifeguard Sanitation Laborer Water Plant Operatorl Current Vacancies Position Customer Service Representative Electric Line Technician Firefighter I/II (2 positions) ITS Specialist Police Officer I/II Patrol (6 positions) P/T Collections Assistant  Department Fire Police P&R Recreation P&R Recreation P&R - Aquatics PW-S Sanitation PU-V Water/Plant  BudgetLine  Rate of Pay  10-60-6220-510-0200 $29.31/hr. ($64,013.04lyr.) 10.20-5100-5100-0200 $18.97/hr. ($42,416.92lyr.) 10.60.6200-5100-0210 $9.00/hr. 1060-6200-5700.0210 $9.00/hr. 10-60-6220-5100-0210 $8.00/hr. 1040-5800-5100-0200 $13.35/hr. ($27,768.00lyr.) 30-71-7200-5100-0200 $14.73/hr. $30,638.40/yr.)  Department PU-E Electric/CS PU- Electric Fire General Government Police PU- Electric/CS  Budget Line 31-72-7230-5100-0200 31-72-7230-5100-0290 10-60-6220-5100-0200 Shared 10-20-5100-5100-0200 31-72-7230-5100-0200  11. Approval was granted to adopta a Confict-of-Interest: Policy.  (Attached hereto and made an official parto oft these minutes, ist the Confict-of-Interest. Policy  whichi is oni file in the Office oft the Town Clerk)  Business Items:  1. Consideration and request for approval to update the Police Department's Career Chiéfo of PoliceR.Keith Rowell addressed the Council ona a request tou update the Police Department's Career Ladder Program. He explained the Police Department was seeking approval to add the text tot the current career ladder toi include ani incentive for officers hired that are fluenti in Spanish. This, would be an upt to at five percenti increase for any officert thati is proficient in Spanish Oral and written tests would be administered to determine proficiency. Chief Powell stated this would be an excellent recruitment and retention tool. This was also an effort to bridge the gap between the Police Mayor Pro-Tem Dunn asked if this was being considered for other departments. Town Manager Michael Scott responded the other departments felt this would! be as good program toi implement Town wide. Hei further stated that it was sometimes a challenge to communicate with citizens or customers whent therev was al language barrier. Anything staff can dot toh hire people who are proficienti in Spanish  Ladder Policy.  Department and the Latino community.  would be an assett tot the Town.  Councilman Barbour made a motion, seconded by Councilman Wood, to approve changes    6298  tot the Police Department's Career Ladder Policy. Unanimously approved.  Councilmembers Comments:  Councilman Scott stated the Council could improved their conduct during Council meetings: specifically parliamentary procedures. He offered two books for members oft the Council to review  concerning parliamentary procedures.  Town Manager's Report:  Town Manager Michael Scott gave al brief update tot the Council ont the following items:  Public Utilities Director Ted Credle informed the Council thats staff applied for a waiverf from DEQ for as sanitary sewer flow reduction for residential projects. The State has approved the waiver and issueda a 25% reductioni from 120 gallons per bedroomt to 90 gallons per bedroom. This will help with future sewer allocation. This was not retroactive, but will affect any residential developments going forward. Since the bulk of the large growth projects are residential, this is al big help. It was very Councilman Rabil questioned if there was a time limitation of this new allocation. Mr. Credle responded this will remain in perpetuity. The Town can also request a waiver to lower this new Councilman Barbour questioned ift this reduction would help with the Town's current sewer capacity issues. Mr. Credle explained that because the allocation per bedroom! has been reduced, the Town's application for future allocation become more favorable because the Town would be requesting a smaller amount. Also, this would allow future developers to be able to increase the size of their Town Manager Michael Scott asked Mr. Credle to quickly address ifar new development were to come here, and they were having to pay capacity fees, how would this impact them. Mr. Credle responded ifthe capacity fee was per gallon, ita allows a developer to construct more houses for the fee. Thei fee number does not change, but what is passed on to the developer are less expensive Parks and Recreation will be hosting summer camps this year. These were cancelled last year The Fire Department has received as grantf for the purchase ofs smoke detectors to provide and install  good news.  allocation int thet future.  residential development.  makingi itr more attractive to develop int the Town of Smithfield. because of COVID. Registration begins on April4, 2022  them inl loweri income homes.  Closed Session: Pursuant to NCGS 143-318.11 (a)( (5)  Councilman Barbour made a motion, seconded by Councilman Rabil, to enteri into Closed Session pursuant tot the aforementioned NC General Statute. Unanimously approved at approximately 7:35 pm. Councilman Steven made a motion, seconded by Mayor Pro-Tem Dunn, to reconvene in Open Session.  Reconvene in Open Session  Unanimously approved ata approximately 7:46 pm. No action was taken by the Council following the Closed Session  Adjourn  Being no further business, Councilman Barbour made a motion, seconded by Mayor Pro-Tem Dunn, to adjourn the meeting. Unanimously approved. The meeting adjourned at approximately 7:47 pm.  OFS SMITH M ITHFIEI TERL 23.  hln M.A Andy Moore/Mayor  EST:  Nossorlaris o Shannan L. Parrish, Town Clerk