6282 The Smithfield' Town Council met inr regular session on Tuesday, February 1,2022 at7 7:00 p.m. int the Council Chambers oft the Smithfield Town! Hall, Mayor M. Andy Moore, presided. Councilmen Present: John. A. Dunn, Mayor Pro-Tem David Stevens, District2 Travis Scott, District3 Dr. David Barbour, District4 Stephen! Rabil, At-Large Roger Wood, At-Large Councilmen Absent Marlon! Lee, District1 Administrative Staff Present Michael Scott, Town Manager Michael Brown, Fire Chief Ted Credle, Public Utilities Director Gary Johnson, Parks & Rec! Director Timk Kerigan, Human Resources/PIO Shannan Parrish, Town Clerk R. Keith Powell, Chief ofF Police Greg Siler, Finance Director Michael Sliger, Public Works Supervisor Stephen Wensman, Planning Director Administrative Staff Absent Lawrence Davis, Public Works Director Also Present Bob Spence, Town Attorney CALLTO ORDER INVOCATION Mayor Moore calledt the meeting to order at7 7:02 pm. Thei invocation was given by Councilman Scottf followed by the Pledge of Allegiance. APPROVAL OF AGENDA: Councilman Wood made a motion, seconded by Councilman Rabil, to approve the Add: Closed Session - Pursuant to NCGS 143-318.11 (a) (3) to consult with the Town agenda with the following amendment: Attorney. Unanimously approved. PRESENTATIONS: 1. Administering Oath of Office to New Police Officer Dante Scarboro 2. Proclamation - Declaring February as All in Red Month Mayor Moore administered the Oath of Office to new Police Officer Dante Scarboro and welcomed Mayor Moore read thet following proclamation and stressed the importance oft the AIl In Red him tot the Town of Smithfield. Campaign. PROCLAMATION IN THE TOWN OF SMITHFIELD DESIGNATING FEBRUARY. AS" "ALL INREDN MONTH" Whereas, the well-being of our community is ofp paramount importance and maintaining excellent health among our citizensi is at top priority, February marks the one month, county-wide hearthealth awareness campaign entitled "ALL IN RED", presented by Johnston Health and Aramark, and Whereas, Int the United States, North Carolina, and Johnston County heart disease is the leading Whereas, Heart Disease and Stroke ranks among thet topi five health priorities in. Johnston County; per the 2019. Johnston County Community Health Needs Assessment Implementation Plan; and Whereas, per the Center for Disease Control and Prevention (CDC), about 80% of deaths from premature heart disease and stroke could be prevented by changes in physical activity, diet, Whereas, ALLI INF RED is an opportunity toi increase heart health awareness, while addressing the Whereas, the ALLI INI RED campaign invites all. Johnston County residents, business owners and organized by the. Johnston Health Foundation; and cause of death amongr men and women; education: and management of common medical conditions, and; growing needs ofl local heart patients; and 6283 visitors to participate in this initiative by wearing RED on February 4, 2022, National Wear Red Whereas, the financial challenges of a heart patient are enormous; all funds raised within this campaign period willl benefit local heart patients through the Johnston Health Foundation's Heart Whereas, ont this day, wer recognize heart disease ands stroke survivors, those! battling the disease, their families who are their source of love and encouragement, and applaud the efforts of our NOW, THEREFORE, thel Honorable Mayor, M. Andy! Moore and the Smithfield Town Council does hereby proclaim February 2022 as' "ALLI INI REDI MONTH" and encourages businesses, industries Day, and/or running al RED promo orf fundraiser in February; and Fund; and medical professionals who provide quality care; and and citizens int the community tos support and participate int this event. Duly proclaimed this 1st day ofF February 2022, whilei in regular session. 3. Proclamation - Recognizing the Neuse Charter Varsity' Volleyball Team Mayor Moore presented thet following proclamation to the coaches and players oft the Neuse Charter Varsity" Volleyball team. He commended the coaches and players for their outstanding season andi for their sportsmanship on and offt the court. PROCLAMATION Recognizing the Neuse Charter Varsity Volleyball Team WHEREAS, the Neuse Charter Varsity' Volleyball Team, under Head Coach Jennifer Cochran and Assistant Coach Gail Browning, is to be commended" fort their outstanding volleyball season; and WHEREAS, byi its extraordinary efforts, the Neuse Charter' Varsity" Volleyball Teamy was undefeated WHEREAS, the Neuse Charter' Varsity' Volleyball Teame entered the 641 team NCHSAA 1AI bracket WHEREAS, the Neuse Charter Varsity Volleyball Team played in the State Championship game inF Reynolds Coliseum, something that has never been accomplished int the school's history; and WHEREAS, the Neuse Charter Varsity Volleyball Team ended their impressive season with an amazing record of26-3(2 oft the 31 losses were preseasont toa3 3As school, final loss was int thes state WHEREAS, this has been an exciting, hard-fought and successful season for the Neuse Charter WHEREAS, the Town of Smithfield is proud of the record the Neuse Charter School Volleyball Team has earned and the fine publicity they have brought to our community by their good NOW, THEREFORE, 1,M. Andy Moore, Mayor oft the Town of Smithfield along with the members oft the Town Council, congratulates Neuse Charter School, its volleyball team, its coaches, its athletic department and all people associated with the volleyball team for the outstanding conference champions and conference tournament champions; and and were East Region Champions; and tournament); and Varsity Volleyball Team; and sportsmanship andi inspired team play. accomplishments. PUBLIC HEARINGS: 1. Town Plan Amendment/cA2201F The Town of Smithfield was requesting an amendment to update the Transportation and Growth Management Plan in response to rapid growth in the West Smithfield area. Councilman Barbour made ar motion, seconded by Councilman Rabil, to open the public hearing. Unanimously approved Planning Director Stephen Wensman explained staff was requesting to amend the Town Plan otherwise known as the Comprehensive Growth Management Plan and Transportation Plan. The current plan was approved on February 4, 2020. Comprehensive Plans are typically long-range planning documents and are characteristically renewed every ten years. Smithfield has been experiencing unprecedented residential growth that has rendered portions of the plan in need of an The Town Plan guided approximately 389 acres of land to Industrial of which nearly all has been rezoned tol Lighti Industriali including the 240-acre planned West Smithfield Business Park (WSBP) (of which 170 is under construction for Amazon) and future industrial road. According to the Town's economic development consultants, additional industrial land was needed and in demand. With that recommendation, staff has proposed expanding thel lighti industrial distract by adding 2a additional tracts update. 6284 ofl land. As for the transportation plan, the current plan does not quite work. One of the north-south transportation routes was supposed to intersection with M. Durwood Stephenson Parkway, but Mr. Wensman explained the landmass between M. Durwood Stephenson Parkway, 70 Business and Barbour Road was a large landmass with al lot of developable land. Staff believed there was a need for a continuous road that goes across the whole development providing a type of connectivity for Mr. Wensman further explained the plan was for the Town of Smithfield's future land use. And this land would be guidedf fori industrial uses. Developers wouldl look att this land and then plan accordingly. Ifthere was ani interest in the land, then ar rezoning wouldf follow. Staff generally reviews any rezonings against the Comprenensive land usep plant to ensuret that the plani is beingf followed. However, in North Carolina, the Council's opinion can differ from the Comprehensive Land Use Plan. The plan is a wat The Planning Board was in favor of the map amendments, but they did have concerns with just notification. Staff followedt the statutory notification process for this public hearing. Thel Planning Department recommends approval of approve the amendments, CA-22-01, to the Town The Planning Board was unanimously ini favor of the amendment but split the vote 3 in favor and 3 opposed because several members, although in favor, felt the affected property owners should be Planning Director Stephen Wensman has incorporated his entire record and provided ittot the Council Councilman Scotts stated thats several people contacted him aboutt the plan changes. He questioned if Staff had addressed: allt their concerns. Mr. Wensman responded hel had only received questions from Elainel Marshall and hep provided! her with allt thei information sO she would disseminate itto her clients., Councilman Barbour questioned if this change affected the zoning of the land. Mr. Wensman responded itc did not affect the: zoning oft the land. Councilman Barbour further stated this plan wasa document to assisty with future growth and the land use could be changed. Mr. Wensman responded Councilman Barbour questioned ift there were other parcels that had been rezoned that were not in agreement with the Town Plan. Mr. Wensman responded there were parcels that were rezoned to an Mr. Wensman stated the Town has to have a Comprehensive Growth Management plan, but the Council has the flexibility to amend the Plan. Councilman Barbour questioned the section of the Transportation Plan that included a road through the two newly added parcels. Mr. Wensman responded the road doesn't have to go in the exact proposed spot, but staff thought it important to Mayor Pro-Tem Dunn questioned ifther road on the proposed Transportation Plan through the newly added parcels had been included on the current Transportation Plan. Mr. Wensman responded the current plans shows a road connecting tol M. Durwood Stephenson Parkway, but sincel NCDOT will not allow a connection there, another functioning connection was needed for the industrial properties. Mayor Pro-Tem Dunn stated he had some concerns about the proposed changes tot the Town Plan. Hef furthers stated thath he did not wantt to cause any additional burden tot the landowners with whati they were able to do with their properties. He asked if this was a time sensitive issue. Mr. Wensman responded thati itwas notat time sensitive issue. Staff was merely tryingt to get ahead ofa all the growth Councilman Barbour questioned if this Plan amendment was legally binding. Town Attorney Bob Spence responded that the Council could approve something that was contrary to the Plan. Mr. Spence further stated the Town hast tol have a plant that looked towards the future growth oft the Town. Mr. Wensman pointed out that the Finding of Fact for subdivisions required compliance with the Comprehensive Plan. There is strength in the subdivision regulations to create support for the Comprehensive Plan. Ift the Council chose to support a subdivision that was not compliant with the Councilman Scott stated he was concerned about the transparency as it related to informing the property owners of the proposed changes to the Plan. He stated this amendment would complicate NCDOT will not allowa any connections on M. Durwood Stephenson Parkway. future development and not a dead-end cul-de-sac. top plan growthi in an organized way. Plan. notified by mail oft the changes inv writtenf formi int the February 1, 2022 agenda packet. Mayor Moore askedi ifth there were any questions from Council. the Council has the ability to changet the land use. industrial land uset that were not guided for that purpose. include ar road connecting to Barbour Road. Whether orr not that connection comes tot fruition, remains to bes seen. int the area. Plan, the Plan would have tob be amended. the process ifthe property owners wanted to uset their land for subdivisions. 6285 Councilman Scottr noticed there were ai few parcels near Barbour Roadt that were noti included in this amended plan. He questioned why they were not included. Mr. Wensman responded the two additional parcels proposed werei flat open pieces of land that would! be better for industrial uses. The smaller parcels Councilman Scott references weres smaller and closer tor residential homes. Also, since those parcels are smaller, they would not be guided for industrial uses. The two large parcels are Councilman Barbour stated this amendment to the Plan had really no effect, because it was not attached to any rezoning. Mr. Wensman responded the Council can amend the plan at any time, but ac developer whoi is interested int the land fori industrial uses willl look more closely att that land because Mayor Moore statedt the property owners were bound! by the: zoning oft the land. They always have the option ofr rezoning the property ifac developer proposed something different that ani industrial use. Councilman Scott questioned if staff provided proper notification oft the amendments tot the Plan. Mr. Wensman responded that staff followed the NC General Statutes as it relates to notification of the public hearing. Hei further stated the notifications required are similar to a UDO text amendment. Per the Statute, Staff did not have tor notify thei individual property owners or adjacent property owners of Councilman Scott questioned if this public hearing was a rezoning hearing, would the public be notified. Mr. Wensman responded there would be notification requirements; such as, letters to adjoining property owners, advertisement int the local newspaper and a sign would be posted ont the Mayor Moore askedi ifthere was anyone in attendance who wished to speak on the matter. Elaine Marshall of Marshall and Associates stated she was representing two clients that own land adjacent tot the area. She expressed her concerns about the potential impact this Plan amendment would! have ont the landowners tot the adjacent properties. She statedt there needed to be more time to disseminate the information. There need to be more time for questions to be asked and answered. She was further concerned that when developers saw the Plan they would not be interested in the contiguous to other industrial land uses. itis guided fori industrial uses. the proposed changes. property. landi ifti they intended to usei itf for anything other than ani industrial use. Councilman Rabil made a motion, seconded by Councilman Wood, to close the public Councilman Stevens made a motion, seconded by Councilman Wood, to approve the proposed amendments, CA-22-01, to the Transportation Plan and Comprehensive Growth Management Plan. Councilman Stevens, Councilman Wood and Councilman Barbour voted in favor of the motion. Mayor Pro-Tem Dunn, Councilman Rabil and Councilman Scott voted against the motion. Mayor Moore! broke the tiel by votedi ini favor oft the motion. hearing. Unanimously approved. Motion passed 4to3. Mayor Moores stated he was unsure why the Planning Board took they action they did att their meeting. Some members of the Planning Board voted against the Plan amendment because they felt the property owners should have been notified. It was their duty to look at the facts presented to them and make a recommendation to the Council because the Council does value their input. He further statedi ity was not the duty of the Planning Boardt to disagree with how something was handled when stafff followed thel NC General Statutes. He askedt the Planning Board members to keept their personal thoughts and opinions out of their deliberations. Staff legally noticed the public hearings for the Planning Board and for the Town Council meetings. Whichi is what they were required to do. 2. Zoning Text Amendment Regulations for Signs (ZA-21-08): The Town of Smithfield is requesting an amendment to Article 10, Part III, Regulations for Signs, that will allow additional wall mounted sign opportunities for commercial properties, creates residential subdivision signs requirements and modifies existing text to clarify and eliminate inconsistencies throughout the document Councilman Barbour made a motion, seconded by Councilman Wood, to open the public hearing. Unanimously approved Planning Director Stephen Wensman explained the proposed ordinance provides for additional wall signs for commercial businesses and other amendments. He further explained that when: staff began reviewing the UDO, they found other issues, inconsistencies and other opportunities for improvement. Thep proposed text amendment makes the following changes: Updates permit requirements including eliminating late fee provision. been moved to Section 10.21.1 Computation of Sign Area. Revises ground mounted sign dimensional requirements. Consolidates regulation for signs into distinct sections, ie., pole sign area calculations have 6286 Updates standards for all permitted signs. Eliminates contradicting or differing regulations for the same sign. Updates and clarifies temporary signr regulations, creating a distinct section for temporary Moves Entry Corridor Overlay District sign regulations into the sign code. signs. Updates Permitted District Signs: Planning Department. Requires development: signs atr residential subdivisions (10.21.1.1) as requested by the Allows wall signs on walls fronting ons street, public parking area, common parking area inap planned shopping center oral public access walkway at1sq. ft. perl linear foot of frontage, or 5% oft the wall. Eliminates lesser signage for secondary walls. Adds Highrise signs tot the commercial signage tables Eliminates allt thei footnotes tot the commercial signage tables. Updates Pole Signs regulations to bei in conformance with NCDOT regulations. Improves order ofr regulations with signs notr requiring permits and exempt signs moved toi the end oft the ordinance. Consolidates allr regulations for signl lighting. The Planning Department recommends approval of text amendment, ZA-21-08, finding the amendment consistent with the Town of Smithfield Comprenensive Growth Management Plan and other adopted plans, and that the amendment is reasonable andi int the public interest. Planning Director Stephen) Wensman has incorporated his entire record and provided ittot the Council Mayor Moore asked ift there were any questions from Council. There were none. Mayor Moore askedi ift there was anyone in attendance who wished to speak on the matter. There was no one in attendance that wished tos speak ont the matter. inv written formi int the February 1,2022 agenda packet. Councilman Barbour made ar motion, seconded by Councilman Wood, to close the public Mayor Pro-Tem Dunn made a motion, seconded by Councilman Wood, to approve zoning texta amendment, ZA-21-08, finding the amendment consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment isr reasonable and int the public interest. Unanimously approved. hearing. Unanimously approved. (Attached hereto and made an official part oft these minutes ist the zoning text amendment. ZA-21-08) CITIZEN'S COMMENTS: There were none. CONSENT AGENDA: Councilman Barbour made a motion, seconded by Mayor Pro-Tem Dunn, to approve the following items asl listed ont the Consent Agenda: 1. Thef following minutes were approved: January 4, 2022- - Regular Meeting position tot the Payroll/ Accounting Technician position. 2. Approval was granted to promote ane employee from the Senior Customer Service Representative 3. Approval was granted top promote al Firefighter Ilt tot the rank of Fire Engineer. 4. Approval was granted to promote a Police Officer Iltot the rank of Master Police Officer. 5. Approval was granted top purchase four Dodge Durango SUVs for the Police Department. Bids received are asi follows: Ilderton Deacon Jones Performance. Automotive $33,667x4 4=$134,668 $36,287x4 4= $145,148 No bid submitted 6. Approval was granted to adopta al Drone Policy 6287 fAttached hereto and made and official part oft these minutes is the Drone Policy! 7. Approval was granted to adopt Resolution No. 693 (02-2022) accepting State Directed Grant Funds. TOWN OF SMITHFIELD RESOLUTION No. 693 (02-2022) ACCEPTING NORTH CAROLINA DIRECTED GRANTI FUNDS WHEREAS, The State of North Carolina has appropriated Directed Grants int the amount totaling WHEREAS, thesef funds are intended to assisty with the speeding up the recovery from the economic and health effects from the COVID-19 pandemic and ongoing recession; and WHEREAS, part oft the American Rescue Plan provides funding aidi for local governments; and WHEREAS, these funds for municipalities may be used tor respond to public health emergencies with respectt to COVID-19, provide premium pay to essential workers and investment in water and NOW, THEREFORE, BE IT RESOLVED BY THE SMITHFIELD TOWN COUNCIL: $5,475,800 tot the Town of Smithfield; and sewer infrastructure; and That Town of Smithfield does hereby authorize the acceptance oft these funds from the That the Smithfield Town Council delegates toi its Town Manager, the responsibility to execute any necessary agreements required on behalf oft the Council. That The Town of Smithfield will substantially comply with all laws, rules, and regulations, State of North Carolina. pertaining thereto. 8. Approval was granted to appoint Suzanne Taylor and reappoint Dr. Kathleen Coates to the 9. Approval was granted to appoint Kaitlyn Tarley to ai first term ont the Appearance Commission Downtown Smithfield Development Corporation's Board of Directors. 10. New Hire Report Position Firel Marshall ITS Support Specialist Department Fire PU-E Electric (1/3) PU-E Electric (1/3) Police P&R- Aquatics P&R - Aquatics BudgetLine Rate ofPay 10-60-6220-5100-0200 $29.31/hr. ($64,013.04/y.. 31-72-7230.5700-0200 10-104200-510-0200 $25.15/hr. ($52,312.00lyr.) 31-72-7230.5100-0200 10.20-5100-510-0200 $18.97/hr. ($42,416.92lyr.) 10-60-6220-5100-0210 $9.00/hr. 10-60-6220-5100-0210 $8.00/hr. General Government 10-10-4100-5100-0200 $19.80/hr. ($41,184.00lyr.) PU-Water/Sewer (.9,3071-720.5100200 PU-Water/Sewer (19,307-720.510.200 PayrollAccounting' Technician IFinance Police Officerl Utility Line Mechanic Utility Line Mechanic PIT SRAC Staff- General PITL Lifeguard Current Vacancies Position Electric Line Technician (2 positions) Firefighter I(2 positions) Police Officer I/II - Patrol (6 positions) P/T Collections Assistant Utility Line Mechanic Water Plant Operator PU-Water/Sewer: 30-71-7220-5100-0200 $15.48/hr. $32,198.40/yr.) PU-Water/Sewer 30-71-7220.5100-0200 $15.48/hr. ($32,198.40/yr.) Department PU- Electric Fire Police PU- Electric/CS PU-Water/Sewer PU-Water Plant BudgetLine 31-72-7230-5100-0200 10-60-6220-5100-0200 10-20-5100-5100-0200 31-72-7230-5100-0200 30-71-720-5100-020 30-71-7200-5100-0200 Business Items: 1. Economic Development Administration (EDA) Grant update and request for Town! Manager Michael Scotti informed the Council this was thet third time this items had been before the Council. He explained the Council previously approved a grant application with a 25% matchi for this project. The Town has a continued opportunity to leverage the jobs created by the Amazon Project with local match dollars to create an additional $3.8 million is waste-water infrastructure in The application has beenr reviewed by the! Federal Government, Agency. The Economic Development Administration (EDA) wouldr now require a $1,095,8801 match. This was ani increase in match amount The Town! Manager explained the grant application had movedi intoi the" "Duel Diligence" period. During matching funds West Smithfield. of4%. The Council previously approved a $950,0001 match fort this application. 6288 this period, they are asking for certain policies and financial information. While they cannots say with certainty the Town will be awarded the grant, they did share that 95% oft the applications that reach The Town Manager questioned ifthe Council wishedi top proceed with the application by approving the additional 4% match and ift they wanted to proceed, how would they want to pay forit. He explained therev was the previously approved 25% matchi int the Water/Sever Fund Balance that could be used. The entire 29% match could be paid out ofthe Water/Sewer Fund! balance. The funds can also come fromt the American! Rescue Plan Act (ARPA) fundsi ifthe Council votedt to use thosef funds asr revenue replacement funds. Or the matching funds can be a combination of ARPA funds and' Water/Sewer FundE Balance Funds. Staff was recommending using ARPAfunds sincei ity was originally intended for infrastructure. Also, by. leaving, the funds in the Water/Sewer Fund Balance, the Council had more disçretion.on how. those funds could be used. The intent was to construct a sewer line replacement Councilman Scott questioned the amount off funds currently in the Water/Sewer Fund Balance. The Mayor Pro-Tem Dunn questioned ifit was Staffs recommendation to use APRA funds for the match amount because there was at timeline for the use ofA APRA funds. He further stated that by not using fund balance funds for this project, thoset funds could be used for projects that spanned beyond the two-year timeline restraints of the ARPA funds. The Town Manager agreed with Mayor Pro-Tem this stage are funded. inc ordert tos spur economic development further ont the west side of Town. Town Manager responded itv was at7 72%. Dunn's comments and analysis. Councilman Scott made a motion, seconded by Councilman Barbour, to approve the additional match amount for the grant. All matching funds for the EDA grant would come from the' Water/Sewer FundE Balance. Unanimously approved. Councilmembers Comments: Councilman Barbour expressed his appreciation tot the Sanitation Department for allt they doi for the Councilman Wood expressed his appreciation tot the Sanitation Department and all Town staff. He thanked the Council, Town Manager and Staff fort their patience during his recent health battles. Councilman Scott expressed his appreciation to the Public Works Department for their hard work Mayor Pro-Tem Dunn expressed his appreciation to Planning Director Stephen Wensman and his staff for all their efforts with allt the new growth in Town. He further expressed his appreciation for the Planning Staffs diligence ink keeping the UDO updated and more user friendly. Mayor Moore commended the Public Works Department for their efforts during the recent winter weather events. He commended the Sanitation Department for allt their hard work in light ofseveral oft their trucks being inoperable. He reminded everyone of Black History Month and asked that everyone celebrate the month. Mayor Moore also clarified his earlier comments about the Planning Board. He explained there was some confusion as to why the Planning Board voted the way they did ont the Town Plan. They were ini favor oft the change but were not inf favort that property owners werer notr notified and voted accordingly. This sent a mixedi message tot the Town Council. Hei further stated he appreciated the members oft the Planning Board and all they doi for the Town. Town. duringt the recent winter weather event. Town Manager's Report: Town Manager Michael Scott gave al brief update tot the Council ont the following items: The third phase of Way-Finding signs are moving forward with utility locates being completed last ElectriCities is not recommended ani increase in wholesale electric rates for FY 2023. This should The Water Plant infrastructure project was evaluated last week. The water plant upgrades are moving forward and are on schedule to! be completed by, July 1,2023. Att this time the water planti is also within the approved budget amount. The 1 million gallon clear well has been constructed and week. again allowt the Town's electric rates tor remain stable. will be operational in March. Closed Session: Pursuant to NCGS 143-318.11 (a) (3) to consult with the Town Attorney Councilman Scott made a motion, seconded by Councilman Wood, to enteri into Closed Session pursuantt to the aforementioned NC General Statute. Unanimously approved at approximately 8:53 pm. Councilman Barbour made a motion, seconded by Councilman Rabil to reconvene in Open Session. Reconvene in Open Session Unanimously: approved at approximately 9:25pm. 6289 No action was taken! by the Council following the Closed Session Adjourn Being no further business, Councilman Barbour made a motion, seconded by Councilman Wood, to adjourn the meeting. Unanimously approved. The meeting adjourned ata approximately 9:26 pm. OFS SMTAR MITE ATTEST: FEE nocoimrl Shannan L.7 Parrish, Town Clerk