6112  The Smithfield Town Council met in regular session on Tuesday, March 2, 2021 at 7:00 p.m. in the Council  Chambers ofthe Smithfield Town Hall, Mayor M. Andy Moore presided.  Councilmen Present: John Dunn, Mayor Pro-Tem Marlon 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 John Blanton, Fire Chief Ted Credle, Public Utilities Director Lawrence Davis, Public Works Superintendent Gary Johnson, Parks &F Recl Director Tim Kerigan, Human Resources/PIO Shannan Parrish, Town Clerk R.K Keith Powell, Chief of Police Greg Siler, Finance Director Stephen Wensman, Planning! Director  (Note: AlI Town Department Heads were present, but due to Social Distancing and Mass gathering restrictions related to Covid19, they were. not present int the meeting room unless an item from their  Department was discussed)  Also Present Bob Spence, Town Attorney CALLTO ORDER INVOCATION  Administrative Staff Absent  Mayor Moore called the meeting to order at7 7:03 pm.  Thei invocation was given by Councilman Barbour followed byt the Pledge of Allegiance  APPROVAL OF AGENDA:  Councilman Barbour made a motion, seconded by Councilman Stevens, to approve the Move Consent Agenda Item #4: Consideration and request for approval to amend the reimbursement agreement with Buffalo Road, LLCto Business Item #4.  agenda with the following amendment: Unanimously approved.  PRESENTATION:  1. Proclamation: Declaring March 22-26, 2021 as Smithfield Alumni Chapter of Kappa Mayor Moorey presentedI Members oft the Smithfield Alumni Chapter of Kappa Alpha Psi Fraternity, Inc: William Powell, Derek! Mobley, Marlon Lee, Eric Edwards, Stevie Robertson, Marquis Poteat, and" Tony  Alpha Psi Fraternity, Inc "Kappa Week" - Celebrating 55 Years Nixon with ap proclamation! honoring their 55th year anniversary.  PROCLAMATION "Kappa Week" Celebrating 55 Years March 22- -26,2021 Int the Town of Smithfield  Smithfield Alumni Chapter of Kappa Alpha Psi Fraternity Inc.  WHEREAS, on January 5, 1911, Kappa Alpha Nu (later to be renamed Kappa Alpha Psi) was founded ont the Indiana University campus by Elder Watson Diggs and Byron K. Armstrong; and WHEREAS, Elder Watson Diggs and Byron Armstrong were joined by John M. Lee, Henry T. Asher, Marcus P.. Blakemore, Guy L. Grant, Paul W. Caine, George W. Edmonds, Ezra D. WHEREAS, on May 15, 1911, Kappa Alpha Nu became the first incorporated Black Fraternity in WHEREAS, on April 15, 1915, Kappa Alpha Nuy was officially renamed to Kappa Alphal Psi; and WHEREAS, the Smithfield Alumni Chapter of Kappa Alpha Psi Fraternity Inc. was chartered on March 26, 1966 by Reginald Ennis, John Windley, Romie Grantham, Matthew Sanders, Elias WHEREAS, these founding members of the Smithfield Alumni Chapter of Kappa Alpha Psi Fraternity Inc. along with the more than 60 new initiates over the past 55 years have served as  Alexander: and Edward G. Irvin as founding members oft the fraternity; and  the United States; and  Sanders, Norvell Lee, James Barbour and' Vernon Nixon; and    6113  elected officials, educators, attorneys, business men and professionals who have shown leadership WHEREAS, the Smithfield Alumni Chapter of Kappa Alpha Psi Fraternity Inc's fundamental purpose is Achievement in Every Field of Human Endeavor. These Men of Distinction offer programs, initiatives, and scholarships to promote the educational welfare of the children of the WHEREAS, Smithfield Alumni Chapter of Kappa Alpha Psi Fraternity Inc. also provides opportunities for men to engage in the social and civil activities for the betterment oft the entire NOW, THEREFORE, 1,M. Andy Moore, Mayor oft the Town of Smithfield, do hereby proclaim  ands service tot the Town of Smithfield and. Johnston County; and  Town of Smithfield and. Johnston County; and  community.  March 22 - March 26, 2021 as  "Kappa Week" Celebrating 55 Years of  the Smithfield. Alumni Chapter of Kappa Alpha Psi Fraternity Inc.  in Smithfield, North Carolina and urge all our citizens to celebrate this important milestone. 2. Administration of the Oath of Office to new Police Officer Jonathan Boyce Mayor Moore administered the Oath of Office tor new Police Officer Jonathan Boyce and welcomed 3. Administration oft the Oath of Office to new Police Officer Derek Leagan Mayor Moore administered the Oath of Office tor new Police Officer Derek Leagan and welcomed him  him tot the Town of Smithfield. tot the Town of Smithfield  PUBLIC HEARINGS:  1. UDO Text Amendment Request: Saint Ann Catholic Church (ZA-21-01): The applicant was requesting an amendment to the Town of Smithfield Unified Development Ordinance, Article 7, Supplemental Regulations as it pertains to columbaria with over 200 niches and  other refinements to the existing regulations concerning columbaria.  Councilman Scott made a motion, seconded by Councilman Barbour, to open the public Planning Director Stephen Wensman explained that St. Anne's Church was requesting an amendment tot the UDO Article 7, Section 7.46 as it pertains to columbaria. The requested changes Allow columbaria visible from the public right-of-way to be 1-foott taller than the allowed Amend thet trustf fund requirement for columbaria over 200 niches with a special use permit Increase the allowed number of columbaria beyond 200 niches with as special use permit  hearing. Unanimously approved.  include the following:  maximum 6-footh height! limit and add reporting requirements Refine access requirements in7.35.1.1 Usingt the term niches for an urn place Requiring clear title onl land used for columbaria And other minor clarifications  Mr. Wensman explained that the St. Anne's is planning for 2000 niches in their columbaria. They were also requesting changes tot the trustf fund requirement. The diocese currently charges $4000a niche and requires 15% oft the sales prices be placedi in an endowment fori future maintenance. With ap planned 2000r niches, St. Ann's willl have an endowment for perpetual care of$1,200,000 when the columbaria is built out. St. Ann'si isp proposing that with a special use permit, the Town Council could set an alternative percentage oft the sales priced! ber retained forp perpetual care, notl less than 15% of the sales price. The proposed change to the endowment would only affect columbaria that are greater than 200 niches, leaving the 50% funding requirement for columbaria that are smaller than Planning Staff and the Planning Board (unanimously) recommend approval of the zoning text amendment, ZA-21-01, with a statement declaring the request is consistent with the Town of Smithfield Comprehensive Growth Management Plan and that the request is reasonable and int the Planning Director Stephen Wensman has incorporated his entire record and providedi ittot the Council Councilman Scott questioned ift the columbaria were commercially constructed. Paul Embler of11 Kentwood Drive, Smithfield, NC responded that they are modular constructed units with the exterior madep primarily ofg granite. Mr. Embler explainedt thatt ther needi fori the columbarial is due tot thei increase Dean Penny of 1013 Quail Rail, Clayton, NC explained the photo renderings of the project and its  200r niches. publici interest.  inv written form int the March 2, 2021 agenda packet. Mayor Moore askedi ifthere were any questions from Council.  inp parishioners and the need for a Catholic cemetery in. Johnston County.    6114  location att the church.  Councilman Barbour stated he opposed amending the UDO and questioned if the request by St. Anne's could go through the special use permit process instead of a UDO text amendment. Mr. Wensman responded that when the original UDO amendment was drafted concerning columbaria, he and Town Attorney Bob Spence sensed there was going to be a need to amend iti int the future. Staff and Mr. Spence were comfortable with the proposed changes. Mr. Wensman reiterated that with this proposed amendment, any columbaria with more than 200r niches would have to go through the special use process. During that process, the Council could place any reasonable conditions on Mayor Moore askedi ift there was anyone in attendance who wished tos speak on the matter. There  the permit.  was no one in attendance that wished tos speak ont the matter.  Councilman Scott made a motion, seconded by Councilman Barbour, to close the public Councilman Scott made a motion, seconded by Councilman Wood, to approve zoning text amendment, ZA-21-01, amending the supplementary standards for columbaria, and approve ofa consistency statement finding the amendment consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment is reasonable and in the public interest. Councilman Scott, Councilman Wood, Mayor Pro-Tem Dunn, Councilman Lee, Councilman Stevens and Councilman Rabil voted in favor oft the motion. Councilman Barbour voted against the motion. Motion  hearing. Unanimously approved.  toa approve the requested passed sixt to one.  ORDINANCE #ZA-21-01 AN ORDINANCE TO AMEND THE TOWN OF SMITHFIELD UNIFIED DEVELOPMENT ORDINANCE ARTICLE7SUPPLEMENTAL REGULATIONS  WHEREAS, the Smithfield Town Council wishes to amend certain provisions in the Unified Development Ordinancel by making changes tot the Town of Smithfield Unified Development Ordinance as it pertains to columbaria and urn plots as an accessory 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 NOW, THEREFORE, bei it ordained that the following Articles are amended tor make thei following changes seti forth int the deletions (strikethroughs). and additions (double  uset to churches and places ofworship; and welfare oft the community; and underlining)! below: PART1  [Revise Article 7 supplemental regulations for columbaria.  SECTION7.35 COLUMBARIUM.  Acolumbarium,an, Ani indoor or outdoor columbaria and/or urn plots columbarium, an A.A shall be permitted as accessory uses to churches and places of worship accordance with Section 6.5 and subject to the following 7.35.1. Any church or place of worship place of worship may establish an indoor columbarium, and/or an outdoor columbarium, andlor er an urn plot as an accessory structure as an accessory to its permitted use provided thet following are submittedto 7.35.1.1. A site plan of the proposed area approved by the Planning Department where the columbarium or urn plots are to be located showing the location of each niche or urn, the dimensions ofthes space, anda a: 20-foot access areaf for maintenance and-visitation that has relatively flat and firm topography such that maintenance equipment could access the burial area. The 20-foota access area shallbe adjacentto the columbarium orur plot and shall be accessed from a public rightok-way.private drive, or parking lot. Vehicular access internal to the columbarium or urn plot isnot allowed. Internal access shall be limited to handicapped pedestrian access only.In addition to the site plan, construction drawings prepared by a licensed architect, engineer. or landscape architect. Construction drawings shall show dimensions, 7.35.1.2. As special use permiti is required for columbaria with greater than 200 niches. 7.35.1.3. A plan of perpetual care and maintenance trust fund is required fora columbarium or urn plot. Funding oft the trust fund must occur as niches or urn plots  standards:  the Planning Department and approved:  materials. and details.    6115  ares sold. The church or place ofworship shalls submit an annual reportt to the Town Lof Smithfield Planning Department showing sales receipts. and expenditures. The reporting period is January 1stto December 3151 Annual reports are due on April 15t for columbaria or urn plots. Fifty (50) percent oft the sales price ofan niche or urn plot must be depositedi int thet trustf fund for columbariar with 200 niches or urn plots orl less. With a special use permit for columbaria with greater than 200 niches the Town Council shall establish the percentage of the sales price to be retained. In no case shall the percentage be less than fifteen (15) percent of thes sales price. The church orp place of worship.mays spend up tot three (3) percent oft the trustf fundf forr maintenance of the columbarum or ur plot on an annual basis. to-be available- ifthe Institution closes OF no longer eperatest the columbarium OF UFn plotwhich is segregated forjust the columbarium- oF UFA plet with funds retained- from half the price-dfeachum-The place ofworship may spend-annually from-the-fund- 39-oflhetustund. 7.35.2. AIII Indoor Columbaria within the building ofag church or place of worship must 7.35.2.1. Alternate Plan. The church or place of worship must present ap plan witha dedicated outside area with clear title and able to comply with Section 7.35.1.1_for internment oft the urns in the event the church or place of worship ceases to operate 7.35.2.2. Shall meet the NC Building Code and be constructed of masonry, natural 7.35.3. AIIC Outdoor Columbaria must comply withi thet following physical requirements: 7.35.3.1. Location. A columbariaum must be located outside a building on_land owned and occupied by a church or place of worship as defined by the Unified Development Ordinance, Appendix A. Land shall have a clear title and meet the 7.35.3.2. Height. Outdoor columbaria must be no higher than six (6) seven (7) feet as measured from the average grade elevation where a columbarium meets the grade. An outdoor columbarium that is not visible from off-property public is not subject to the six-(6) seven(7) feet requirement and may be higher. 7.35.3.3. Setback. Columbarium structures shall meet the setback and yard 7.35.3.4. Appearance. A columbarium shall be complementary to_the_primary structure_ and consistent of natural stone. concrete or masonry construction. design 7.35.3.5. Signage. Signage shall be limited to inscriptions on the face of a columbarium niche and commemorative plaque on the columbarium structure. Commemorative plaques may ber nol larger than 12 inches by 12 inches. 7.35.3.6. Number. The columbaria must have spaces for no more than 200 urns, except when a greater number is approved by the Town Council with as special use 7.35.4. AII Outdoor Urn Plots must comply with the following physical requirements: 7.35.4.1. Location. An outdoor urn plotr must bel located outside al building owned and occupied by a church or place of worship as defined by the Unified Development Ordinance, Appendix A. Lands shall havea clear title and shall comply with Section 7.35.4.2. Setback. Outdoor urn plot structures shall meet the setback and yard 7.35.4.3. Appearance. Urn plots shall be complementary or consistent in materialand 7.35.4.4. Number. The church or place of worship shallnot-provide shall have no 7.35.4.5. Signage. Signage shall be limited to one inscribed stone per urn plot inserptionsontnelacelssedaumsntnegooundwiomesgn note exceeding: 2 sq. ft. Thatt the Unified Development Ordinance shall be pager numbered and revision dated That these amendments of the Unified Development Ordinance shall become  comply with the following physical requirements:  orr manage the columbarium. stone or concrete.  requirements of Section.735.1.1.  requirements ofthe underlying zoning district.  AREPHPSPSINCHR.  permit.  Z.35.1.1.  requirements oft the underlying: zoning district. design with the primary structure.  more than 100 urn plots spaces FmOIaN100-paces.  PART2 PART3 effective upon adoption.  as necessary to accommodate these changes.    6116  CITIZEN'S COMMENTS: None CONSENT AGENDA:  Councilman Barbour made a motion, seconded by Councilman Stevens, to approve the following  items as listed ont the Consent Agenda: 1. Thef following minutes were approved:  February 2, 2021- - Regular Meeting February 2, 2021 - Closed Session Meeting  2. Promotion: Approval was granted to promote an employee to the Public Works Crew Leader 3. Approval was granted to allow employees to donate sickl leavet to ane employee int the Public Utilities 4. Approval was granted to enteri into ac contract with Thompson, Price, Scott, Adams and Company,  position.  Water/Sewer Department. PAt to conduct the annual audit.  5. Thef following advisory appointments were approved:  Steve Upton was reappointed to serve a4 4th term ont the Board of Adjustment. Earl Marett was reappointed to serve a 6th term on the Parks and Recreation Advisory Tim Johnson was reappointed to serve a 3rd term on the Parks and Recreation Advisory  Committee. Committee. New Hire Report Position P/TS SRACI Lifeguard P/TS SRAC Staff Firefighter I (2F Positions) Current' Vacancies Position Assistant Finance Director Firefighterl Fire Inspector (Part-time) Police Officer (3 positions) Police  Department P&R - Aquatics P&R - Aquatics Fire Department Finance Fire Fire  BudgetLine  Rate ofPay  10-60-6220-5100-0220 $8/hr. 10-60-6240-5100-0210 $9.00/hr. 1020-5300-5100-0200 $16.76/hr. ($36,603.84/yr.)  BudgetLine 10-10-4200-5100-0200 1020.5300.5700.0200 10.20-5300-5100-0210 1020.5100-5100-0200  Business Items:  1. Consideration and request for to appoint one person to serve on the Planning Board Town Clerk Shannan Parrish addressed the Council on a request to appoint one person to the Planning Board serving as an in-town member. Before the Council was two applications for consideration and one vacancy. Teresa Daughtry was seeking reappointment and Michael Stevens was seeking new appointment tot the Planning Board. Ballots were provided tot the Council they were  as anl In-Town Member readi into the record as follows:  Councilman Scott voted for Teresa Daughtry. Councilman Stevens voted for Michael Stevens. Councilman Lee voted for Michael Stevens. Councilman Rabil voted for Michael Stevens. Councilman Barbour voted for Michael Stevens. Councilman Wood voted for Councilman Barbour made a motion, seconded by Councilman Stevens, to appoint Michael Stevens tos serve ont the Planning Board as ani in-town member. Unanimously approved 2. Consideration and request for approval to appoint one person to serve on thel Library Town Clerk Shannan Parrish addressed the Council on a request to appoint one person tos serve on thel Library Board of Trustees representing the Town. Beforet the Council was three applications and one vacancy. Connie Barbour, Angelique Leggette and Stephanie Norris submitted applications for consideration. Ballots were provided to the Council they were read into the record asf follows:  Michael Stevens. Mayor Pro-Tem Dunn votedi for Teresa Daughtry.  Board of Trustees.  Councilman Barbour voted for Connie Barbour. Councilman Lee voted for Angelique Leggette. Councilman Stevens voted for Connie Barbour; Councilman Rabil voted for Connie Barbour. Councilman Wood voted for Connie Barbour. Councilman Scott voted for Councilman Woodi made a motion, seconded by Councilman Rabil, to appoint Connie Barbour  Stephanie Norris. Mayor Pro-Tem Dunn voted for Connie Barbour. tos serve on the Library Board ofT Trustees. Unanimously approved.    6117  3. Consideration and request for approval to allow the Fire Department to apply fora an Assistance to Firefighters Grant for Staffing for Adequate Fire and Emergency Fire Chief John Blanton requested Council approval to apply for a FEMA SAFER grant to hire six firefighters. Duet to not funding the program last year, FEMAI is providing this opportunity to fullyf fund the positions for three years. The Town would not be obligated to retain these firefighters after the Councilman Barbour questioned ift this request would add additional firefighters to the department. Mayor Moore questioned if the Town received personnel from this type of grant. Chief Blanton responded the Townr received this type ofg granti in2 2017 which allowed the Townt to! hire 3f firefighters. The grant partially covered equipment, salaries and benefits from 2017 until 2020. Mayor Moore questioned ifthesei threef firefighters weres stille employed with the Town. Chief Blanton responded they were still employed and this would be the first full year the Town was responsible for salaries and Mayor Moore statedt that while this was a good idea, the Council needed to plan for the eventuality that the Town would be responsible for the salaries and benefits of the additional six firefighters. Should the Town continued to grow, the property tax revenue could possibly support the additional personnel, but ifito did not grow, the property tax rate would have toi increase to $.61 toi fund these Councilman Barbour stated this request was to apply for the grant. After the grant was satisfied, the Town was under no obligation to continue the employment oft the additional personnel. Councilman Scott suggested that the Council consider employing an outside firm to understand the  Response (AFG SAFER)  fourthy year.  Chief Blanton respondedi itv would add additional personnel.  benefits for the threef firefighters.  positions.  personnel needs oft the Town.  Councilman Scott made a motion, seconded by Councilman Barbour, to authorize staff to apply fort the Assistance toF Firefighters Grantf for Staffing for Adequate Fire and Emergency  Response Grant. Unanimously approved.  Consideration and request for approval to amend the reimbursement: agreement Town Manager Michael Scotte explained that duringa ap previous Council meeting, the Council approved ac change inp plans for the Buffalo Roads subdivision. The plan changed the phasing from nine phases tos seven. Duringt that discussion, staff advised the Council that the current reimbursement agreement would! havet tob be amended. The major difference ist the reimbursement: schedule. Ther reimbursement schedule reimburses the same amount ofr moneyi for thes same amounto ofp property, phased differently. Previously, the Town was reimbursing ata a rate of1 % phases ay year. Now it wouldr reimburse ata rate of1 1 phase per year. Reimbursements are based on certificates of occupancy.  with Buffalo Road, LLC  Councilman Barbour made a motion, seconded by Councilman Wood, to approve the  amended reimbursement agreement. Unanimously approved.  Councilmembers Comments:  Councilman Scotte expressed his appreciation1 to Teresa Daughtry for serving ont the Planning Board Councilman Lee asked for an update on the CDBG Housing Revitalization Grant. Town Manager Michael Scott responded that 90% of the title work was complete and the construction phase will movei forward once allo contract are executed. Councilman Lee askedi for an update ont the RVF Park. The Town! Manager responded staff has received construction drawings, but the developer has not requested any type ofp permit. Councilman Lee statedt that during a marcht the Town! Manager made acommentt that resonated with him. The Manager said, ity was good to be marching, but what are we going to do. The Smithfield Progressive Men's Club was founded out of Councilman Lee's fraternity and duringt the pandemic, theyl have stepped up tos serve the community. They have been providing al location for COVIDt testing and partnered with Rachael Ayers top provide at food pantry. He and his fraternity were tryingt to be! beacons ofl light in the community and they would continue Mayor Moore introduced the Welcome to Smithfield informational guide. Mayor Moore announced the retirement of Fire Chief John Blanton. Mayor Moore commended Chief Blanton for his dedication and professionalism during his 30 years ofs service tot the Town of Smithfield.  andi for her service tot the Town.  tos serve the community.  Town Manager's Report:  Town Manager Michael Scottg gave a brief update tot the Council ont the following items: Ther newi fire engine has been delivered tol North Carolina and is undergoing finali inspections priort to delivery. Delivery shouldt take place as early as Friday, the 5th. The SRAC was opened back up tor non-members on February 15th. Following this ani increase inp public use has occurred. Baseball begins this week.    6118  Ap public hearingi is scheduled for Thursday, March 11th at6:30. The  hearing is required by the Local Government Commission regarding the financing of the police department expansion project. Staff has a meeting scheduled with LGC to approve the financing on Being nof further business, Councilman Barbour made a motion, seconded by Councilman Scottt to adjourn the  April 13th. Adjourn  meeting. Unanimously: approved. The meeting adjourned at approximately 8:44 pm  dhffne M.A Andy Modre, Mayor  OFSMTR STHRE  ghrk Shannan-L-Parrish, Town Clerk