6171  The Smithfield Town Council met in regular session on Tuesday, June 1, 2021 at 7:00 p.m. in the Council  Chambers oft the Smithfield Town Hall, Mayor M. Andy Moore presided.  Councilmen Present: Marlon Lee, District1 Travis Scott, District3 Dr. David Barbour, District4 Stephen Rabil, At-Large  Councilmen Absent Roger Wood, At-Large  Administrative Staff Present Jeremey Daughtry, Assistant Fire Chief Lawrence Davis, Public Works Director Gary Johnson, Parks & Rec Director Timk Kerigan, Human Resources/PIO Shannan Parrish, Town Clerk R. Keith Powell, Chief of Police Greg Siler, Finance Director Stephen Wensman, PlanningDirector Administrative Staff Absent  John Dunn, Mayor Pro-Tem Michael Scott, Town! Manager David Stevens, District2 Ted Credle, Public Utilities Director  Also Present Bob Spence, Town Attorney CALLTO ORDER INVOCATION Boy Scout Troop 124 APPROVAL OF AGENDA:  Mayor Moore called the meeting to order at 7:00 pm.  Thei invocation was given by Councilman Scott followed by the Pledge of Allegiance led by Will Johnston of  Councilman Barbour made a motion, seconded by Councilman Rabil, to approve the  agenda with the following amendment:  Move Business Item 1: Consideration and request for approval to promote the Public Works Superintendent to Public Works Director to Consent Agenda Item  9. Unanimously approved.  PRESENTATIONS:  1. Recognition of Boy Scout Troop 124f for their assistance during the recent shred event Mayor Moor recognized members of Boy Scout Troop 124 and their leaders for assistance during the recent shrede event sponsored by the Town of Smithfield, thel Local Government Federal Credit Union, and. Johnston County Register of Deeds Craig Olive. Mayor Moores stated this event was at tremendous success which would have not been possible withoutt the participation of Boy Scout Troop 124. Public Utilities Director Ted Credle informed the Council that beginning July 6th,, the Public Utilities Department willl launchi the Customer Smart Portal. He explained this was af free servicet that will allow utility customers tot track their electric and water usage. In the beginning, only electric usage will be available with water usage being added later. Customers will also be able to set alerts for thresholds on usage limits, billing limits and consumption limits. The customer portal wille empower the customer Councilman Scott requested that staff create a video to assist customers with navigation of the Councilman Barbour questioned the cost. Mr. Credle responded he believed it was approximately $5,000. Councilman Barbourf further questioned ifthe cost was passed ont tot the customer. Mr. Credle  2. Utility Customer Smart Portal  enabling them tor make clear decisions about their utility usage.  customer portal.  responded that the cost was not passed ont tot the customer.  PUBLIC HEARINGS: Public Hearing.  Town Clerk Shannan Parrish administered affirmations to those that wished to offer testimony during the 1. Special Use Permit Request: Saint Ann Catholic Church (SUP-21-04): The applicant is seeking as special use permit to allow for an outdoor columbaria on a 15.2 acre tract of land located within the B-3 (Highway Entrance Business) and R-20A Resdenta-Agnicutural, zoning districts. Thep property consideredf for approvali isl located ont the wests side USH Highway 70 Business West approximately 2,100 feet north of its intersection with Cloverdale Drive  and further identified as Johnston County Tax ID# 17Q99003.    6172  Councilman Scott made a motion, seconded by Councilman Barbour, to open the public Planning Director Stephen Wensman testified TerraEden was the applicant making the special use permit request on behalf of Saint Ann's Catholic Church. The request for special use permit was to allow construction ofa4,000r niche columbaria located ont the churchp property (4057 US Highway 70). Columbaria in the B-3 zoning district require a special use permit if more than 200 are to be constructed. Mr. Wensman explained the first phase oft the project would be constructed between the church andt the parking lot. The second phase oft thej project would be constructed between the church Mr. Wensman testified the Townr recently adopted regulations for columbaria and had been aware of St. Ann's planned columbaria project. After their adoption, the regulations were amended toi improve the regulations andi included some accommodations' for this application. Mr. Wensman explained the first phase would be comprised of 1460 niches located between the parking lot and the church. The site is organized with the columbaria arranged in a cross shaped wall, surrounded by 4 ornamental trees and more columbaria in a circle arrangement around the cross with paving and benches. The columbaria arei identified as! being 5-6" tall ont the plans. Thea approach to the columbaria isa a walkway passing through an8 8-6" tall memorial plaque wall and scripture wally with a statue andi fountain. Phase two would be comprised of 2,540 niches located between the church and the chapel addition, visible from US 70 Business West. The site is organized with single sided columbaria walls that form the edge oft the columbaria site and create a wall or barrier from US 70 Business West. Within the walls aret threel linear columbaria walls within a plaza with trees and benches. The columbaria are identified Mr. Wensman testified to the following: there would be adequate access for maintenance, the columbaria would be accessible for the parking lot, Saint Ann's would create a perpetual care and maintenance trustf fundi int the amount of1 15% oft the sales price, the church has a clear title tot the land, the proposed columbaria are shown as 5-6" tall, less than the maximum allowed, setbacks will be adhered to the columbaria will be made on stone that complement the church, commemorative plaques will conform to the standards, and approval of the special use permit will allow the greater The Planning Department recommends approval oft the SUP-21-04 based on the findings of fact for  hearing. Unanimously approved.  and the chapel addition.  as being 5-6" tall on the plans, consistent with Phase 1.  number ofr niches. special use permits.  Mr. Wensman reviewed staffs opinion oft the findings. They are as follows:  STAFF'S OPINION ON THE FINDINGS OFFACT complementary tot the church. 3. Alln necessary facilities are present.  1. The proposed columbaria will not be detrimental to or endanger the public health, safety, or general welfare. The columbaria is well designed andi integrated with the church campus. The columbaria will have no impact on the surrounding area. The columbaria is . The columbaria is well integrated intot the church campus and willl have noi impact on adjoining  Itwill not. property.  Therei is adequate access for pedestrians and for future maintenance.  7. The plan will bei in! harmony with the church. 3. The use will conform to applicable regulations. inv written form int the June 1, 2021 agenda packet. Mayor Moore askedi ift there were any questions from Council.  Planning Director Stephen' Wensman has incorporated his entirer record and providedittot the Council Councilman Barbour asked for clarification on what the Council previously approved with the UDO amendment. Mr. Wensman responded that any columbaria with more than 200 niches required a Councilman Barbour stated hel believed there was some confusion ont the number ofr niches St. Ann's church was originally requesting. Mr. Wensman responded that when the UDO was amended, St. Ann's had not finalized the overall design. That design included 1460 niches but plans or the entire project have been completed. Mr. Wensman stated this was a good location for the proposed Mayor Moore asked the applicant if he agreed with the testimony provided by Mr. Wensman and if he had additional testimony to offer. Dena Penny of 1013 Quail Trail, Clayton, North Carolina a representative oft the church and chair oft the finance committee testified that he agreed with the Mr. Penny testified when the UDO was amended, the church did not know how large phase two of the project would be. The two phases would be over 4,000 niches, but inap parish of7,000, itwas needed. Also, there are no Catholic burial options in Johnston County. The church felt that the columbaria would be the most feasible and environmentally prudent option for the church. The columbaria arei internal tot the church's property. Also, by bringing the burial option on site, itwill have  Special Use Permit.  columbaria project.  testimony offered! by Mr. Wensman.    6173  ap positive impact ont traffic during funeral processions.  Mr. Wensman clarifiedi that the UDOS statedt that 50% ofthep price ofar niche would be placedi ina at trust fund for perpetual care. The UDO now read that it can be reduced to 15% which is what is being purposed! by the church. Mr. Penny explained that att the completion ofthep project, $2.4 million would bei int the endowment fund for perpetual care. 15% oft the sale price is consist3ence with the church Mayor Moore asked what type of assurance the Town would have that the endowment would be created for the perpetual care. Mr. Penny responded there was a foundation that supports the Catholic Diocese ofF Raleigh. Thati foundation investst the endowment funds for the Catholic Diocese. There is an agreement that outlines the rules and regulations of the endowment fund. The fund is restrictedi to be used no moret than 4% oft the! balance ina any giveny year and itis to! be used strictly for maintenance, upkeep, and perpetual care fort the columbaria. Mayor Moore asked thatt the Town be Councilman Scott questioned if the church decided to relocate, could the columbaria ber moved. Mr. Mayor Moore askedi ifthere was anyone ina attendance who wishedt tos speak ont the matter. There was  int the Catholic Diocese of Raleigh is using throughout Easter North Carolina.  provided an annual statement oft the endowment fund. Penny responded thatt they could be movedi if needed. no onei ina attendance that wished tos speak ont the matter.  Councilman Scott made a motion, seconded by Councilman Rabil, to close the public  hearing. Unanimously approved.  THE WRITTEN FINDING OF FACT as stated below. Unanimously approved. judicial process and determined that:  Councilman Scottr made a motion, seconded by Councilman Lee, to approve the 8 findings of fact The Town Council shall issuea as special use permitifithas evaluated ana application througha a quasi-  4.9.4.5.1. The establishment, maintenance, or operation of the special use will not be detrimental to ore endanger the public health, safety, or generalv welfare. 4.9.4.5.2. The establishment of the special use will not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the 4.9.4.5.3. Adequate utilities, drainage, parking, or necessary facilities have been or are 4.9.4.5.4. Thep proposed uses shall not ber noxious or offensive by reason of vibration, noise, 4.9.4.5.5. Adequate measures have been orv will bet takent top provide ingress and egress sO 4.9.4.5.6. Thatt the use will nota adversely affectt the use orany physical attribute ofa adjoining 4.9.4.5.7. Thati thel location and character oft the use, ifdeveloped: according to the plan as submitted and approved, will bei in harmony with the areal in whichi itis to bel located. 4.9.4.5.8. The special use shall, in all other respects, conform to all the applicable  district. being provided. odor, dust, smoke, or gas.  designed ast to minimize traffic congestion int the public streets.  ora abutting property.  regulations oft the districti in which itisl located.  RECORD OF DECISION  Councilman Rabil made a motion, seconded by Councilman Lee, that Based upon satisfactory compliance with the above stated findings and fully contingent upon acceptance and compliance with all conditions as previously noted herein and with full incorporation ofa all statements and agreements enteredi into the record by the testimony of the applicant and applicant's representative, I move to approve Special Use Permit 1. That an annual statement of the trust account be provided to the Town of  Application # SUP-21-04 with thei following condition:  Smithfield. Unanimously approved.  2. FY2021-2022 Budget: In accordance with NCGS 159-12 (b), before adopting the budget    6174  ordinance, the Town Council shall hold a public hearing at which time any persons who  wish tol be heard ont the budget may appear before the board.  Councilman Barbour made a motion, seconded by Councilman Rabil, to open the public  hearing. Unanimously approved. $15,198,658 General Fund $16,735,000 Electric Fund $9,390,930 Water/Sewer Fund  Town Manager Michael Scott presented the 2021-2022 Budget to the Council. The Town Manager explained the budget was balanced in alli funds  The Town Manager explained thei taxr rate would remain at'$.057. Some electric fees and charges were adjusted tor meeti the cost ofs service. Water fees and sewer fees remain unchanged; however, the Johnston County Board of Commissioners may approve a request to increase sewer fees. If the County approves thosei increases, staff will make a recommendationt to the Council to increase the Town's fees in as similar amount. Some sanitation fees have been increased in this proposed budget. Thesei increases will not payf for all oft the operational costs oft the department, buti it willa aid The Town Manager explained the budget included necessary capital expenditures in all three  in getting it closert to being a self-funded service. funds. Total capital expenditures are asf follows: $1,358,000 General Fund $655,000 $1,765,000 Water Sewer Fund  Electric Fund  The Town Manager explainedt the Towni maintained employee medical benefits This! budget provides The Town Manager reviewed major capital expenditures from all three funds. He also reviewed The Town Manager explained: some future potential issues. He explained that COVID-19 appears to be getting under control. However, uncertainty remains as to how the pandemic will continue to influence employment and government revenues in the next fiscal year. Also, residential and economic growth has come to Smithfield. This will impact how government operates and the services being provided. We will continue to endeavor to maintain our hometown feel and our Councilman Scott questioned if. Johnston County Schools would be contributing to the capital outlay items for the SRAC. The Town Manager responded that the school system did contribute half the Mayor Moore askedi ifthere was anyone ina attendance who wished tos speak ont the matter. Emma Gemmel of Hancock Street asked ift the Town had some type of "rainy day" fund for water and/ors sewer increases implemented by Johnston County so that allt the cost would not be passed on to the customer. She stated that the Simple Twist parking lot and the Town Hall parking lot Pam Lampe of North Second Streets suggested thatt the Council consider separating the water and sewer distribution expenses forb better accountability. She questioned that $74,000f for amphitheater repairs. The Town Manager responded those was for repairs to the stage area and for drainage in  foras salary adjustment equalt to a2.5% increase.  personnel increases.  neighborly service levels.  Mayor Moore askedi ift there were any questions from Council.  costi for some oft the capital outlay items.  neededt to ber repaved and repaired.  the area.  Cuncilman Barbour made a motion, seconded by Councilman Rabil, to close the public Councilman Barbour made a motion, seconded by Councilman Rabil, to adopt the FY (Attached hereto by reference and made a part of these official minutes is the FY2021- 2022 Budget and Fee Schedule which is ont file int the Office oft the Town Clerk)  hearing. Unanimously approved.  2021-2022 Budget and Fee Schedule. Unanimously approved.  CITIZEN'S COMMENTS:  Rodney Taylor of South First Streete expressed his concerns aboutt the Town's decision tos stopt trash pickupi int the alleyway behind! his house. He explained thati ith had always been the practice and he Emma Gemmel of Hancock Streets stated there! has beenr repeated issues in her neighborhood with the removal ofy yard debris. Shei informed the Council that several times she has had to replace the  was unsure why the Town was nol longer offering that service.  grass where thek knuckle boomr removed part ofittor remove the yard debris.    6175  CONSENT AGENDA:  Councilman Barbour made a motion, seconded by Councilman Rabil, to approve the following items  asl listed ont the Consent Agenda: 1. The following minutes were approved: April 22,2021 - Budget Session April 26, 2021 - Budget Session April 27,2021 - Budget Session May 4, 2021 - Regular Meeting May 4, 2021- - Closed Session May 10, 2021 - Special Session also approved with this request.  2. Special Event: Concert - Compass Community Church gained approval to conduct concert at the Town Commons on Saturday, June 26, 2021 from 12:00 pm until 2:00 pm. Amplified sound was 3. Promotion: Approval was granted to promote af Police Officer Itot the rank of Master Police  Officer.  4. The following Budget Amendments were approved: 10-60-6200-5700-7400 Parks and Rec. Capital Outlay 10-00-9990-5300-0000 General Fund Contingency  GENERALFUND 1. Expenditures  BEFORE 196,570 289.718 $ 486,288  ADJ. 30,000 (30.000)  AFTER 226,570 259.718 486.288  Tot fund second riverbank refurbishment along greenway: as approved att the May 6, 2021 Council Meeting  2. Revenue  10-10.3300.3307-0020 Grant- JC Visitors Bureau  $ 15.000 $ 15.000  $ 15,000 $ 38.625  Expenditures  1060-5500.5300.3440 General Services Appearance Commission  $ 23,625  To fund the reimbursement of boat ramps shelter with. Johnston County" Visitors Bureau Grant  3. Revenue  10.00.3990.3900.0000 Fund Balance Appropriation  $ 1.798.008 $ 29,000 $ 226,570 255,570  $ 40,536 $ 15,869 $ 24.667 40.536  1,838,544 $ 44,869 $ 251.237 296,106  Expenditures  10-60-6240-570-7400 SYCC- Capital Outlay 10-60-6200-5700-7400 Parks and Rec. Capital Outlay  To fund SYCCa and Slash Pad paved parking as approved att the Aprile 6, 2021 Council Meeting  Revenue Expenditures  10-10.3300-3307-0020: Grant- JC) Visitors Bureau 10-60-6200-570-7400 Parks and Rec. Capital Outlay  $ 15.000 $ 251,237  7,500 $ 7.500  22.500 $ 258.737  Tot fund Gertrude B.J Johnson Memorial Park fence with. Johnston County Visitors Bureau Grant    6176  General Fund Capital Projects Fund  5. Revenue  46-10.341049004115 Visitors Bureau' Wayfinding 46-10-4900-570-7400 Wayfinding  $ 133.919 262,550  $ 37,765 SI65  $ 171,684 nois  Expenditures  Toi fund Phase Ill of Wayfinding Project as approved att the Aprile 16, 2021 Council Meeting  5. Approval was grantedt to renew an agreement with the Smithfield Disable American Veterans Chapter 441 for the use of the Parks and Recreation building located at 1500 Buffalo Road (Attached hereto and made a part oft these official minutes is the DAV Agreement 6. The 2021-2023 Interlocal Agreement with Johnston County for Fire Service was approved. (Attached hereto and made a part oft these official minutes is the Interlocal Agreement Peggy Scotty wasi reappointed to serve ai thirdt term ont the Appearance Commission  Whichi is onf file int the office oft the Town Clerk) Whichi is onf file int the office ofthe Town Clerk)  7. Thet following advisory board appointment was approved:  8. New Hire Report Position Facility Maintenance Specialist IIP&R - Recreation FirefighterI(2) P/T General Staff P/T Pool Staff/Lifeguard (4) P&R -Aquatics PITZoning/Compiance: Asst. Planning Current' Vacancies Position Assistant Finance Director Camp Counselors (Part-time) FirefighterI I(2 positions) Fire Chief Fire Inspector (Part-time) Public Works Director Police OfficerI(4 positions) Utility Line Mechanic Works Director  Department Fire P&R- -Aquatics  Budget Line  RateofPay  10-60-6200-5100-0200 $14.45/hr. ($30,056.00lyr.) 1020-5300-510-0200 $16.76/hr. ($36,603.84lyr.) 1060.6220-5100.0210 $9.00/hr. 10-60-6220-5100-0220 $8.00/hr. 10-10-4900-5100-0200 $12.00/hr.  Department Finance P&R Recreation Fire Fire Fire Public Works Police PU-V Water/Sewer  BudgetLine 10-10-4200-5100-0200 10-60-6200-5100-0210 1020-5300-5100-0200 1020:5300-5100-0200 1020.5300-5100-0210 10-60-5500-5100-0200 10-20-5100-5100-0200 10-40-5800-5100-0200 30-71-7220-5100-0200  Sanitation Equipment Operator (2 Positions) Public Works  9. Approval was granted to promote the Public Works Superintendent tot the position of Public  Business Items:  1. ANX-12-01: Annexation Request  Planning! Director Stephen Wensman explained the Town of Smithfield received a petition from ASP Smithfield LLC/SST Properties (Samet Properties) to annex 193.027 acres to the west of the Westview Subdivision, beginning approximately 3151 ft west of North Rogers Drive. The annexation properties include the 169.674-acre. Amazons site and ana adjacent 23.353- acre site that will likely be developedi intov warehouse facilities andf futurel West Smithfield Business Park Roadt to provide access tot thei industrial properties. He explained this wast thei first stepi int the annexation process. Councilman Scott questioned how this wouldi impact the Town's current ETJ. The Town Manager responded he wouldI liket tor research thei impacta and provide thati informationi to Council atal later date.  Councilman Scottr madea ar motion, seconded by Councilman Rabil, to adopt Resolution No.  680 (08-2021) Unanimously approved.  TOWN OF SMITHFIELD RESOLUTION NO. 680 (08-2021) DIRECTING THE CLERKTOI INVESTIGATEAF PETITION RECEIVED UNDER G.S. 160A-58.1  WHEREAS, a petition requesting annexation ofa ana area described ins said petition was  received on. June 1, 2021 by the Smithfield' Town Council; and    6177  WHEREAS, G.S. 160A-58.2 provides that the sufficiency of the petition shall be investigated by the Town Clerk before further annexation proceedings may take WHEREAS, thel Town Council ofthel Town of Smithfield deemsi itadvisable top proceed NOWTHEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN The Town Clerk is hereby directed to investigate the sufficiency of the attached petition and to certify as soon as possible to the Town Council the result of her  place; and  inr response tot this request for annexation: OF SMITHFIELDTHAT: investigation.  2. Bid Award int the amount of $240,626.80 to Garris Grading & Paving for the 2021 Street Public-Works Directork Lawrence Davis addressed the Council on a request to award the 2021 Street Resurfacing Project to Garris Grading and Paving. Mr. Davis explained that this year's resurfacing project consisted of 14s streets that will receive a 1" % overlay. Three (3) oft the streets will require to be milled down a 1"1 % below line before paving can be done. Approximately. 88 mile of city streets will bep paved. Fourteen (14) BID packets fort the project were sent out to area contractors. Proposals  Resurfacing Project  receivedi from Six (6) companies and are as follows:  Garris Grading & Paving $240,626.80 Daniels Inc Garner $267,928.01 Tripp Bro $313,988.98 Barnhill Contracting $340,460.78 STI Wooten Corp $383,592.47 Fred Smith Company $441,855.06  The contract allows us the right toi increase or decrease the various amounts of work upt to 25% with no increase in unit pricing should the project come in under budget or should additional streets be Councilman Lee questioned how the streets that are being resurfaced are chosen. Mr. Davis responded that the Town had ar road condition study done and allt the streets were ranked from worst tob best. Staff follows ther recommendations from thats study. Councilman Lee stated there were many streets in East Smithfield that het felt were inv worse condition and neededt to be repaired.  added tot the project.  Councilman Scott madea a motion, seconded by Councilman Barbour, to awardt the contract to Garris Grading and Paving for the 2021 Street Resurfacing Project in the amount of $240,626.80. Councilman Scott, Councilman Barbour, and Councilman Rabilv votedi inf favor oft the motion. Councilman Lee voted against the motion. Motion passed 3to1.  3. Consideration and request for approval of FY 2020-2021 Year End Budget Town Manager Michael Scott stated this item was placed on the agenda to enable the Council to Mayor Moore explained he had received positive feedback from citizens during the recent power outage eventt that affected residents in South Smithfield. He asked Public Utilities Director Ted Credle Councilman Scott congratulated the 2021 graduates. Councilman Scott questioned the hiring status ofar new Fire Chief. Town Manager Michael Scott responded that Assistant Chief. Jeremey Daughtry is serving as acting Chief. Staff is working with Triangle J Council of Governments on the hiring Councilman Lee publicly apologized to Parks and Recreation Director Gary Johnson for criticizing the size of the splash pad. The children are enjoying the splash pad and iti is bringing the community together. Councilman Lee invited everyone to attend the. Juneteenth Celebration. Councilman Barbour expressed his admiration for Councilman Lee for all he does for his district. Councilman Barbour stated that they were still working on a drone park at the Gertrude B. Johnson Park in West Smithfield. He stated! he would like for West Smithfield tol have more pedestrian access to other parts oft the Town. He wouldI like for the children of West Smithfield to have pedestrian access  Amendments  recess this meeting until. June 24, 2021 at7 7:00 pmy via conference call.  Councilmembers Comments:  too convey his appreciation tot the Electric Department employees.  process.  to all Town parks. Town Manager's Report:  Town Manager Michael Scottg gave al brief update tot the Council on the following items:    6178  Equity Drive Status: Paving was complete, andi the Town has received positive comments on ther road by adjoining business owners. Minor punch listi itemsi involving some curbing and sidewalk repairs, as Water Plant: The water plant remains fully operational. One of the damaged raw pumps have been repaired andi is on-line. Thes secondp pumpi is expectedt tol bec operational by mid-month. By-pass pumps Councilman Barbour made a motion, seconded by Councilman Scott, to recess the meeting until Thursday, June 24, 2021 at 7:00 pm via Conference Call. Unanimously approved. The meeting recessed at  well as seeding of ditches and stop signr replacement remain.  will be removed att that time.  Recess  approximately 9:00 pm.  OFSHITRN Mhe 6Hone  ZM.A Andy Moore, Mayor  SMITHFE op,  Sosorbis C Shannanl L.F Parrish, Town Clerk