6095  The Smithfield' Town Council met inr regular session on Tuesday, January 5, 2021 at7 7:00 p.m. int the Council  Chambers oft the Smithfield' Town! Hall, Mayor Pro-Tem Dunnp presided.  Councilmen Present: David Stevens, District2 Travis Scott, District3 Dr. David Barbour, District4 Roger Wood, At-Large  Councilmen/ Absent M. Andy Moore, Mayor Marlon Lee, District1 Stephen Rabil, At-Large  Administrative Staff Present Michael Scott, Town Manager John Blanton, Fire Chief Ted Credle, Public Utilities Director Gary Johnson, Parks & Rec Director Timl Kerigan, Human Resources/PIO Shannan Parrish, Town Clerk R. Keith Powell, Chief of Police Greg Siler, Finance Director Stephen Wensman, Planning! Director  (Note: All 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 ani item from their  Department was discussed)  Also Present Bob Spence, Town Attorney Bill Dreitzler, Town Engineer CALL TO ORDER INVOCATION  Administrative Staff Absent Lenny Branch, Public Works Director  Mayor Pro-Tem Dunno called the meeting to order at 7:00 pm.  The invocation was given by Councilman Scottf followed by the Pledge of Allegiance  APPROVAL OF AGENDA:  Councilman Scott made a motion, seconded by Councilman Stevens, to approve the  agenda with thet following amendments: Consent Agenda Business Item: Unanimously approved.  Movel Item: 5. Consideration andi request for approval to enter an agreement with Collection Agency, Penn Credit Corporation, for the collection of past due receivables from the Consent Agenda to the Business Items (item #7) Add: Discussion concerning hazard compensation for employees (item #8)  PRESENTATION:  1. Public Library of. Johnston County and Smithfield Update  Interim Library Director Jeff Jennings informed the Council that former Library Director Renita Barksdale accepted a position in South Carolina. As a result of this vacancy, Mr. Jennings resigned from the Board of Trustees and was now serving as the Interim Director. The Library Board was actively recruiting for a permanent Library Director. Due to the Covid-19 pandemic, the Library was 1. Rezoning Request - Samet Corporation (RZ-20-09): The applicant was requesting to rezone six tracks of land totaling approximately 258.52 acres from the B-3 (Highway Entrance Business) and R-20A Residenta-Agricutural, zoning districts to the LI (Light Industrial): zoning district. The properties considered for rezoning are located ont the north side of US Hwy 70 Business West, approximately 320 feet northwest of its intersection with North Rogers Drive. The properties are further identified as Johnston County Tax ID 15078011, 15078012, 15078012C, 15077033C, 15077034 and 15077033.  closedt tot the public. PUBLIC HEARINGS:  Councilman Scott made a motion, seconded by Councilman Stevens, to open the public Planning Director Stephen Wensman explained that Samet Corporation The applicant would like tor rezone the 6 parcels to Light Industrial to develop an industrial park. Access to the proposed industrial park would bef from West Market Streeta and Ferrall Drive. Ther rezoningt to Light Industrial was consistent with the comprehensive plan designation for the parcels involved. The properties involved were certified for industrial in cooperation with the Town and County Economic development through the Dept. of Commerce Certified Sites program. The industrial zoning has  hearing. Unanimously approved.    6096  thep potentialt to create some conflicts withi the adjacent R-10r residential: zoning. Intended to mitigate conflicts, the UDO requires a Type C buffer for industrial areas adjacent to residential areas. A Type Cb buffer is a6' or greater opaque fence with 3 overstory trees and 12 shrubs per 100'. Mr. Wensman further explained the permitted uses ofthe site shouldi itber rezoned tol Light Industrial. He further explained ift the Zoning Text Amendment. ZA-20-03 was adopted later in the meeting, Mr. Wensman: stated! he received ane emailf from Zane Williams of2167 US Highway 70 Business. Mr. Williams had planned on attending the meeting, but due to Covid-19 concerns he and his wife choset tos send ane email instead ofa attending. Mr. Williams wasi inf favor oft the rezoning, but did have Planning Staff and the Planning Board recommend approval of RZ-20-09 with a statement declaring the request consistent with the Town of Smithfield Comprehensive Growth Management Planning Director Stephen) Wensman has incorporated his entire record and provided itto Council Mayor Pro-Tem Dunn askedt to Mr. Wensman to outline the changes tot the potential uses should the Zoning Text Amendment be adopted later in the meeting. Mr. Wensman responded that the proposed changes would better define heavy industrial uses and light industrial uses. Those Mayor Pro-Tem Dunn asked the applicanti ifhe! had additional information he would like top provide. Brian Hall representing Samet Corporation stated the Town and Johnston County Economic Development Director Chris Johnsoni invested int this property by creating a certified site. He stated his mission was tot take the work already completed by the Town andt the County and advance itto where it will become an industrial park. He will then work to attract light industrial permitted businesses that want toi invest in Smithfield which will grow the tax base and create employment opportunities. They willi install thei infrastructure andi then attracte end users that wantt tor manufacture Johnston County Economic Development Director Chris, Johnson expressed his appreciation tot the Town Council and the Johnston County Board of Commissioners fori investing in this certified site. Helen Best ofF Roderick Drive questionedi ifthe wateri issuei in her neighborhood would! be addressed witht this development She statedt the water runoff from the current farmland often floods her and her neighbors' properties. Mr. Wensman responded that prior to development, the applicant would have tos submit grading and drainage plans. With thei information provide by Ms. Best, staff willy work Mayor Pro-Tem Dunn asked ift there was anyone else in attendance who wished to speak on this Councilman Wood made a motion, seconded by Councilman Stevens, to closet the public Councilman Stevens made a motion, seconded by Councilman Wood, to approve zoning map amendment, RZ-20-09, with finding it consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the request  thet table ofp permitted uses would slightly change.  questions which staff answered.  Plan and that the request is reasonable andi int the publici interest. in written form int the January 5, 2021 agenda packet. Mayor Pro-Tem Dunn asked ifthere were any questions from Council.  changes would have nol baring ont this rezoning.  and distribute int the area.  He askedt the Council tos supportt this rezoning effort.  with the developert to ensure her concerns were addressed.  matter. There was no one ina attendance that wished to speak ont the matter.  hearing. Unanimously approved.  isr reasonable and int the publici interest. Unanimously approved.  2. Closure of a Portion of North Ninth Street: In accordance with NCGS 160A-299, the purpose oft the public hearing is to gaini inputf from any person ont the closure oft the portion of North Ninth Street. Adoption of Resolution No. 673 (01-2021) issuing the closure ofa portion of Nineth Street must be adopted by Council to satisfy the General Statute.  Councilman Barbour made ar motion, seconded by Councilman Scott, to open the public Planning Director Stephen Wensman explained that Market Street Investments petitioned1 the Town to close ap portion of North Ninth Street between Hancock and N. Brightleaf Blvd. On December 1, 2020, the Town Council adopted Resolution No. 670 (19-2020) Intent top permanently close North Ninth Street and scheduled' the publicl hearing for. January 5, 2021 top permanently close! North Ninth Street. Mr. Wensman further explained the road currently divides the property and the applicant wishes to develop that property. The Town! has existing utilities in the right-of-way andi if closed, a 30-foot-wide utility easement would need to be dedicated by Market Street Investments over the utilities to provide Town access to them. Improvements within the easement would be restricted and any paving, landscaping or other allowed improvement would be subject to being disturbed Councilman Scott questioned if any houses would be affected by this closure. Town Manager Michael Scott responded thatr nol house wouldk be affected. The houset that was once ont the property  hearing. Unanimously approved.  without compensation should utility repairs ber necessary. Mayor Pro-Tem Dunn askedi ift there were any questions from Council.    6097  has beenr removed by the developer.  Mr. Wensman explained the Town has requested a 30-foot-wide easement where the road is Mayor Pro-Teml Dunna askedi ifthere was anyone ina attendance who wished tos speak ont thisr matter. Councilman Barbour made a motion, seconded by Councilman Wood, to closet the public Councilman Barbour made ar motion, seconded by Councilman Wood, to adopt Resolution No. 673 (01-2021) ordering the closure ofa portion of North Ninth Street from Hancock Streett toi its termination 102.481 feet South ofE Brightleaf Boulevard. Unanimously: approved.  currently (in place oft the road)t to protect the underground utilities. There was no onei ina attendance that wishedt to speak ont the matter.  hearing. Unanimously approved.  TOWN OF SMITHFIELD RESOLUTION No. 673 (01-2021) ORDERING THE CLOSING OF THAT PORTION OF 102.48 FEET SOUTH OF BRIGHTLEAF BOULEVARD  NORTHI NINTH STREET FROM HANCOCK STREET TOI ITS TERMINATION WHEREAS, on the 1st day of December 2020 the Town Council adopted a resolution entitled' Resolution Declaring thel Intent oft the Town Council oft the Town of Smithfield to Consider the Closing of a portion of North Ninth Street extending from Hancock Street toi itst termination 102.48f feet South of BrightLeaf Boulevard in Smithfield, North Carolina at its next regular monthly meeting, hereinafter "the Meeting", on Tuesday January 5, 2021 at7 pm att the town hall in Smithfield, NC; WHEREAS, pursuant tot the Resolution the Town Clerk was directed to publish the Resolution int the Johnstonian News once each week for four successive weeks; WHEREAS, the Town Clerk has advised the Town Council that the Resolution was WHEREAS, pursuant to the Resolution the Town Clerk was directed to notify all persons owning property abutting ont that portion of North Second Street between Hancock Street and Brightleaf Boulevard, as shown on the county tax records by certified or registered mail oft the Meeting and the purpose thereof, and WHEREAS, pursuant to the Resolution the Town Clerk was directed to cause adequate notices oft the proposed closing and oft the public hearing to be posted at two locations ont the public way as required by G.S. 160A-299; and WHEREAS, the Town Clerk has advised the Town Council that adequate notices were posted ont the applicable street(s) as required by G.S. 160A-299; and WHEREAS, pursuant to the Resolution, a public hearing was held on the 5th day of January 2021, at which time all persons were granted full and complete opportunity to appear and be heard on the question of whether or not the closing would be detrimental tot the public ort the property rights of any individual; and, WHEREAS, the Town utilities are located within the public right-of way and the WHEREAS, after said public hearing and after full and complete consideration of the matter, it now appears tot the satisfaction oft the Town Council that the closing of said street is not contrary to the public interest, and that no individual owning property, either abutting the street ori int the vicinity oft the street ori int the subdivision inwhich the streeti is located, will as a result oft the closing bet thereby deprived ofa reasonable means ofi ingress and egress to his orh her property; and NOW, THEREFORE, subject to the reservation of easements to the Town of Smithfield for utility purposes as shown on a map recorded in Book of Maps page_ ini the office oft the Johnston County Register of Deeds, the portion of Ninth Street from! Hancock Streete extending northt tot thet termination of Ninth Street 102.48 feet South of Bright Leaf Boulevard is hereby closed and abandoned, and allr right, title, and interest that may have been vested in the public in said area for street purposes is hereby released and abandoned to the abutting property owners in accordance with the provisions of G.S. 160A-299. The portion of the Street abandoned, subject tot the reservation of easements through the abandoned street for utility purposes by the Town of Smithfield, is more particularly described as Legal Description for Right ofV Way Closure for a portion of North! Ninth Street Lying and being in the Town of Smithfield, Smithfield Township, Johnston County, North Carolina and being more particularly described as follows: Being atal Existing Ironl Pipe (EIP) aj pointi int the southern property line of Now  and and  publishedi int the. Johnstonian News as directed; and  Town wishes tor retain a utility easement therefore; and,  follows:    6098  or Formerly Evanston Smithfield. JI, LLC (Walgreens) (see Plat Book 67, Page 179 and Plat Book 67, Page 178) said point! having NC Grid Coordinates of N-641,910.3871, E=2, 197, 673.9224 (NCGS VRS, NAO1 1983 (2011) GEOID 12A) thence along the southern line of Walgreens, N62°1938'W 67.33'1 to an EIP in the eastern Right of Way ofN Ninth Street (30' RJWS see Plat Book 4, Page393) ac comer with now orf formerly Lot1 102 (PB4, PG393; DB 5502, PG 834) the TRUE point of beginning, thence with the eastern right of way ofN Ninth Street S27023'26'W 166. 76' to an EIP on the northern right of way of Hancock Street (50' RIW, seel PB4, PG3 393 and PB 58, PG 322) a comer with Lot 101 (PB4,F PG393; DB 5502, PG 842) thence N62'0300W30. 00' to an EIP on the western RJW of N Ninth Street, a comer with now or formerly Market Street Investors (DB 5498, PG 675) thence with the western right of way of N Ninth Street N27°2326"E 166. 61' to an existing iron rebar (ERB), thence S62°19'38"E 15. 00' to a magnetic nail set (MNS), said point being the southwest comer of Walgreens, thence S62°19'38'E 15.00' to the point and place ofb beginning and containing 5,000 SFt as shown on a plat prepared by Jimmy Barbour Surveying, PA, entitled Recombination Mapf for: Market Street Investors dated 10-7-2020 and being recorded in Plat Book Page Johnston Upon closing, the right-of-way vests in the adjoining property owners, each taking property fromi the centerline tot their respective boundary. Ifthe owners want to divide the right-of-way differently, they must themselves make that division by boundary agreement or conveyance. Any person aggrieved by the street closing, who has The Town Clerki ish hereby ordered and directed tof filei int the Office oft the Register of Deeds of Johnston County a certified copy oft this resolution and order.  County Registry.  standing, has 30 days to appeal.  CITIZEN'S COMMENTS: None CONSENT AGENDA:  Councilman Barbour made a motion, seconded by Councilman Wood, to approve the following items  asl listed ont the ConsentAgenda: 1. Thef following minutes were approved:  December 1, 2020- - Regular Meeting December 1, 2020- - Closed Session Water Plant. Bids received are as follows:  2. Bid was awardedt to Classic Ford int the amount of $22,087 for the purchase ofa work van for the  Classic Ford Deacon Jones NCSA  $21,987.00 $23,546.00 $22,926.67  3. Approval was granted to adopt Resolution No. 674 (02-2021) accepting the Town's annual update  toi its Smithfield South District's Local Water Supply Plan (LWSP)  TOWN OF SMITHFIELD RESOLUTION NO. 674 (02-2021)  APPROVING SMITHFIELD SOUTH DISTRICTI LOCAL WATER SUPPLY PLAN WHEREAS, North Carolina General Statute 143-355 () requires that each unit of local government that provides public water service ort that plans to provide public water service and each large Community water system shall, either individually or together with other units ofl local government and large community water systems, WHEREAS, as required by the statute and in the interests of sound local planning, a Local Water Supply Plan for the Town of Smithfield, has been developed and WHEREAS, the NCDEQ finds that the Local Water Supply Plan is in accordance with the provisions of North Carolina General Statute 143-355 () and that it will provide appropriate guidance for the future management of water supplies for the Town of Smithfield, as well as useful information to the Department of Environmental Quality for the development ofas state water supply plan as required NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Smithfieldi thati the Local Water Supply Plan entitled, Town of Smithfield dated 2019 is hereby approved and shall be submitted to the Department of Environmental BE ITF FURTHER RESOLVED that the Town Council intends that this plan shall be revised tor reflect changes inr relevant data and projections atl least once everyf five  prepare and submit al Local Water Supply Plan; and submitted tot thel NCDEQ for approval; and  by statute;  Quality, Division of Water Resources; and    6099  years or as otherwise requested by the Department, ina accordance with the statute  and sound planning practice.  4. Thef following budget amendments were approved:  GENERAL FUND 1. Expenditures Cap. Proj. Fund  BEFORE 160,000 160.000  ADJ. (160,000) 160.000  AFTER  10-76-5800-5970-9110 Sanitation-Transfert to GF 10-40-5800-570-7400 Sanitation- Capital Outlay  160,000 160,000  Tor move knuckle boom truck purchaset to capital outlaye expensel line  2. Revenue Appropriation Expenditures Capital Project Fund Council Meeting 3. Revenue Refurbishment) Expenditures  10.00.39900.3900.0000 Fund Balance 10-76-5500-5970-9100 Transfer1 to General  $ 100,500 $ 100.,500  $1.798.008.  1.697.508  100.500  To establish andf fund the Spring Branch Community Restoration Projecta as approved att the Nov., 10, 2020,  10-60.3300.3315.0110 Grant- -J. Co.(Riverbank  20.000 $ 291,213 196.570 487.783  20.000 $ (76,920) $ 96.920 20,000  $ $ 467.783  10.00.9990-5300-0000 General Fund Contingency 368,133 10-60-6200-570-7400 Recreation- Capital Outlay 99.650  To fund riverbank refurbishment: along Greenway as approved att thel Nov., 10, 2020, Council Meeting  General Fund Capital Projects Fund 4. Revenue Enginet #1 Expenditures  46:20-3560.3560-0002 Loan Proceeds Fire  $ 565,000 $ 1.125,500  Eascn $ (565.000)  $ 560,500  4620-5300-5700-7404 Fire Engine #1 purchase same withi fund balance 5. Revenues Branch Restoration Branch Grant Expenditure Council Meeting 6. Revenue Contribution  Tor reverse loan proceeds andi firet truck; #1 purchase budget from FY20.1 The decision was made ini FY21to  46.75.3870.3870.0308 Transfer GF- Spring 46-60.3300.3307-00105 EEG (Grant)- Spring  $  $ 100,500 $ 100.000 200.500 200.500  $ 100,500 $ 100,000 200,500 200,500  46-60.5500-5700-7400 Spring Branch Restoration  To establish andi fund the Spring Branch Community Restoration Projecta as approved att thel Nov., 10, 2020,  Water PlantE Expansion Capital Projects Fund 43-71.3800-7200-0001 J.C. Government 43-71-3800-7200-0002 NC Clean Water Loan  $ 3,250,000 12,050,000  $  3,250,000 $ 12,050,000    6100 $2.298.500 $17,598.500 1,370,000 10,000 241,000 572,500 $15,405.000 $17,598,500  $ $ 15.450.000 $ 1,070,000 100,000 $ 13.980.000 s 15.450,000  $ 2.148.500 s 2.148.500 $ 300,000 (300,000) (90,000) 241,000 572,500 $ 1.425.000 $ 2,148,500  43-75-.3870.3870-0301 Transfer from Water Fund 150,000  Expenditures  43-71-7200-5700-4501 Engineer/Design 43-71-7200-5700-4502 Inspection of Construction 300,000 43-71-7200-5700-4503 Geo Testing 43-71-7200-5700-4504 Closing Fee 43-71-7200-570-4505 Contingency (5%6) less 10k 43-71-7200-570-7310 Construction (Includes SCADA ($225K); Backwash Pump ($190K)  for Geo Testing Generator ($300k);  To adjusty water plante expansion project! budgett to agreev with Dec. 1, 2020 presentation to council Note: Only $200K oftheb budgeted $350k in FY21 was repurposed as $150K was transferred ati initial setup 5. Approval was granted to adopt Resolution No. 675 (03-2021) adopting the Cape Fear Regional  Hazardous Mitigation Plan  RESOLUTION NO. 675 (03-2021) ADOPTING CAPE FEAR REGIONAL HAZARDI MITIGATION PLAN  WHEREAS, the citizens and property within the Town of Smithfield are subject to the effects of natural hazards that pose threats to lives and cause damage to property, and with the knowledge and experience that certain areas of the county are particularly vulnerable to drought, extreme heat, hailstorm, hurricane and tropical storm, lightning, thunderstorm wind/high wind, tornado, winter storm and WHEREAS, the Town of Smithfield desires to seek ways tor mitigate the impact of WHEREAS, the Legislature oft the State of North Carolina has in Part 6, Article 21 of Chapter 143; Parts 3, 5, and 8 of Article 19 of Chapter 160A; and Article 8 of Chapter 160A of the North Carolina General Statutes, delegated to local governmental units the responsibility to adopt regulations designed to promote the WHEREAS, the Legislature of the State of North Carolina has enacted General Statute Section 166A-19.41 (State emergency assistance funds) which provides that for a state of emergency declared pursuant to G.S. 166A-19.20(a) after the deadline established by the Federal Emergency Management Agency pursuant to the Disaster Mitigation Act of 2002, P.L. 106-390, the eligible entity shall have a hazard mitigation plan approved pursuant tot the Stafford Act; and. WHEREAS, Section 322 oft the Federal Disaster Mitigation Act of 2000 states that local governments must develop an All-Hazards Mitigation Plan in order to be eligible tor receive futurel HazardI Mitigation Grant Program Funds and other disaster- related assistance funding and that said Plan must be updated and adopted within WHEREAS, the Town of Smithfield has performed a comprehensive review and evaluation ofe each section oft the previously approved Hazard Mitigation Plan and has updated the said plan as required under regulations at 44 CFR Part 201 and according to guidance issued! by the Federal Emergency Management. Agency and WHEREAS, itist thei intent oft the Town Council of Smithfield to fulfill this obligation inordert thatt the Towna andt the County will be eligiblef fori federal and state assistance int the eventt thatas state of disaster is declared1 for al hazarde event affecting the Town NOW, THEREFORE, bei itr resolved that the Town Council of Smithfield hereby: 2.) Vests Johnston County andi the Town of Smithfield Emergency Management with (b)Cooperate with Federal, State and local agencies and private firms which  freeze, flood, hazardous material incident, and wildfire; and  identified hazard risks; and  public health, safety, and general welfare ofit its citizenry; and  afi five-year cycle; and  the North Carolina Division ofE Emergency Management.  ort the County;  1.Adopts the Cape Fear Regional Hazard Mitigation Plan. the responsibility, authority, and the means to: (a)Inform all concerned parties oft this action.    6101  undertake tos study, survey, map andi identify floodplain areas, and cooperate with neighboring communities with respect to management of adjoining floodplain areas in order to prevente exacerbation ofe existing hazard impacts. 3.A Appoints Johnston County and the Town of Smithfield Emergency Management toa assure that the Hazard Mitigation Plani is reviewed annually and every fivey years as specified int the Plan to assure that the Plani is in compliance with all State and Federal regulations and thata any needed revisions or amendments tot the Plan are developed and presented tot the Town of Smithfield Town Council for consideration. 4.Agrees tot take such other official action as may! be reasonably necessary to carry  outt the objectives oft the Hazard Mitigation Plan.  6. Approval was granted to reappoint Benton Sawrey and to appoint Troy Brindle to the Downtown  Smithfield Development Corporation Board Appointments:  7. New Hire Report Position Firefighter PIT Firefighter (13 positions) Fire Current Vacancies Position Assistant Finance Director Equipment Mechanic Firel Inspector (Part-time) Police Officer! I(5 positions) Police  Department Fire  Budgetl Line  RateofPay  10.20.5300-5100-0200 $16.76/hr. ($36,603.84lyr.) 10.20.5300-5100.0210 $17.60/hr. Budget Line 10-10-4200-5100-0200 10-30-5850-5100-0200 10.20-5300-5100-0210 1020.5100.5700-0200  Department Finance PW-Garage Fire  Business Items:  1. Discussion regarding flooding in the 1600 block of South Brightleaf Boulevard Town Manager Michael Scotti informed the Council this was an update in regard to flooding in the 1600 block of South Brightleaf Boulevard. A meeting was held in December with the public and business owners top providei information ont the Town's efforts tov work with CSXI Railroad to upsizet the culverts int the areai that was contributing tot the flooding. Att that meeting, it was believed ift the Town paid $12,600, CSX would evaluate the pipe and then move forward with the replacement or the addition of more pipes. Also, ity was believed ift the Town incurred the cost oft the evaluation, itwould also cover an evaluation downstream from Highway 301 over to I-95. After the meeting, the Town Manager contacted CSX for clarification on what was discussed at the meeting. The $12,600 was needed for CSX Railroad to evaluate the plans submitted by the Town to either increase the size of the culverts ori install additional culverts tor mitigate flooding in the area. This cost did noti include and evaluation of anything downstream or the permit for the installation oft the culvert(s). To obtain an evaluation oft thep plans, CSX railroad required plans that are 90% complete. Fort the Townt to complete the plans, an engineer would have to bel hired ata an approximate cost of$40,000. The potential cost fort the Townt to submit planst to CSX would! be approximately $56,000. Thesef funds would only cover thec cost ofthep plans andi thes submittal to CSX1 fora approval. Ifthey approve thep plans, theni the Council must decide ift they wished to move forward witht thei installation oft the culvert(s). The Town! Manager stated" Town! Engineer ands staff had worked together tos submital BRIC grant to assist with the funding Town Engineer Bill Dreitzler explained the BRIC (Building Resilient Infrastructure in Communities) was a relatively new grant opportunity. Itv was a modification of FEMA mitigation grants. In October, staffs submitted al letter ofir interesta and other documentation toa apply fort the grant. The granta application was approved by the State hazardous Mitigation to move forward in the process. All applications would be approved by the state before moving on to FEMA for evaluation. Staff feels like this was a worthy project, but since this is a national grant, there were no guarantees the Town would receive thet funding. Staff estimated that the overall cost oft the project would be $708,400. Councilman Scott questioned thet type of grantf funding. Mr. Dreitzler responded itwas a 75/25 match. Councilman Scott stated the property in question was owned by CSX Railroad which was private property. Ift the Town chose to move forward with the project, itwas essentially using public money forp private property. He further stated that CSX was responsible for the problem and they shouldf fix it. He questioned ift the Council should pursue come type of legal action against CSX because the Town Attorney Bob Spence explained the culvert was not the property oft the Town andi the Town was not responsible for maintaining it. Ifthe Town were toi installa additional culverts or replace the existing culvert, the Town would then be responsible for ita and any liability associated with it. Also, railroad havet federal protection against legal action. Mr. Spence statedt the more the Town was involved with Town Manager Michael Scotts stated CSX offeredt to allowt the Town tot take over control oft the ditches and culverts along the railroad track, butt the Town would be 100% responsible indefinitely. Mayor Pro-Tem Dunn statedt that if the Town were to clean the ditches and culverts, staff would be  oft this project.  The Towny would be responsible for 25% oft the cost.  flooding issues are the result oft theiri improperly sized culverts.  this, the more it would! ber responsible.    6102  trespassing on private property. Mr. Spence responded the more involved the Town became, the Councilman Barbour stated he empathized with the property owners that have been affected by the flooding. Hes stated! he agreed with Councilman Scott'si idea ofl litigation. He suggested involving other Towns that are facing the same issues with CSX Railroad. The communities affected could file a class actionl lawsuit. Councilman Barbouri furthers statedt that as a citizen of Smithfield, he would not feel good abouts spending the Town'si funds toi fixt the railroad's problem oni its property. He was also Mr. Spences statedt the Town neededi to clearly andt thoroughly investigate the liability the Town would assume ifitt took over the ditched and culverts. The Town would need a noticeably clear agreement with CSXast tot ther maintenance obligationt the Town would! be assuming. Typically, once you assume Councilman Scott asked if there were funds in the budget to pay the $56,000 for the engineering study and the review by CSX. The Town Manager responded that since this was not a budget item, funds could be used from the contingency line or from the general fund fund balance. Councilman Scott requested the Town Manager to provide funding options for the engineering study and plan review. Ultimately, the problem must be fixed, but he again suggested legal action. Mr. Spence responded" therev weres some federals statutet thatp protected the railroad, and! hev wouldi investigate those more closely. Mr. Spence further statedi itwas more difficult tos suet the railroadi to correct its problems Councilman Scott asked if Town staff has invested stormwater runoff and how it flows to the river. Town Manager Michael Scott responded anythingi involving stormwater drainage was a General Fund issue. As stormwater study was conducted, and a committee was created. The committee is prepared to provide recommendations to the Council for consideration. To have a positive impact on stormwater runoff, the Town will need funding. As stormwater utility will need tol be created. Currently, the Town does not have the manpower, or the resources evaluate all our ditches and pipes. David Johnson of 39 Sassafras Lane, Clayton North Carolina stated that the water flooding the properties along the area was Smithfield's water. He questioned if the Council was going to be a moratorium on development ont that side of Town because future development would exacerbate the problem. Hes stated his property was essentially worthless because itf floods every threet tof five years. He further statedt that the problem did not lie with CSXI but lied with the Town. Hes stated he wanted an answer from the Towni ifitv was going to try tor mitigate the flooding of his property. Mayor Pro-Tem Dunn stated he understood Mr. Johnson's frustrations and thanked him for Communications Specialist Brian Eaves provided the Council with an update ont the Drone Program. Mr. Eaves explained there have been al loto ofr new developments with drones. Drones are now being used for recreational, agricultural, public safety and many uses. Currently, Town staff is utilizing drones for video and photography, but they can be more widely used throughout the Town Departments. Things such as search and rescue, crowd monitoring, inventonylinfastucture mapping, and equipment assessments can be done safely with the use ofa drone. Mr. Eaves explained staff drafted a public policy that would allow people to safely fly drones in Smithfield. The pilots site for public use would bet the. Johnson Park in West Smithfield. Drones could Councilman Barbour expressed his appreciation to staff for the research they have done on this project. He explained the numerous ways in which the Town could utilize drones. During the budget process, itr may bei important to address the need for more drone infrastructure. Dr. Barbour stated the purpose oft the policy was to provide guidelines and a safe place for the public to legally fly their Councilman Scotts stated that. Johnson Park is int the direct flight landing pad for Johnston Regional Airport. He questioned if staff hads spoken to airport authorities about the use of drones att the park. Mr. Eaves responded they would speak with the airport authority once they received approval from Councilman Barbour recommend staff meet witha airports stafft to determinei ifthis sitev would! bei feasible 3. Consideration and request for approval of the East River Preliminary Plat Revisions Planning Director Stephen Wensman explained that in our process wel have a PUD rezoning with a plan whichi is essentially ap preliminary plat. The application submittedi to the Council for approval is a different application that is required by law for the platting process. Essentially, the master plan is being resubmitted: aap preliminary plat. The administrative approval oft the preliminary plat statest that the plat meets all UDO requirements, and the construction plans are 95% complete and correct to Councilman Scott questioned the structures that would be in the central park area. Mr. Wensman responded the applicant has proposed a playground, pavilion, mail kiosks, a dog park, open space,  more ofa ani issuei itv would be for the Town.  concerned: aboutt the Town being liablef for CSX's problem.  maintenance obligation, you assume responsibility and due care negligence.  thani itwast tos sue for damages because oft their neglect.  expressing his concerns tot the Council. 2. Update on the Drone Program  only bet flown from dawnt to dusk.  drones.  the Council to adoptt the draft policy and approve the pilot site at. Johnson Park.  for dronet traffic andi ifthey! had any recommendations.  (S-18-01)  the UDO.  trails, and landscaping.    6103  Councilman Barbour stated that along Buffalo Road, inl lieu of sidewalks there would now be at trail. He questioned ift they would be public or private trails. Mr. Wensman responded the trails would be  publict trails.  Councilman Scott made a motion, seconded by Councilman Barbour, to approve the revised preliminary plat for East River PUD, S-18-01. Unanimously approved.  Consideration and request for approval to adopt Zoning Text Amendments ZA-20-03 Planning Director Stephen Wensman explained this zoning text amendment was the conditional zoning, quasi-judicial preliminary platr review and 160D additions. Mr. Wensman statedt this had been  submitted tot the Council twice for review and consideration.  Councilman Barbour made a motion, seconded by Councilman Wood, move to approve the UDO Text Amendment ZA-20-03 finding it consistent with the Town of Smithfield Comprehensive Growth Management Plan and other adopted plans, and that the amendment is reasonable andi in the public interest. Unanimously approved. ORDINANCE: #ZA-20-03 AN ORDINANCE TO AMEND THE TOWN OF SMITHFIELD UNIFIED DEVELOPMENT ORDINANCE ARTCLES3,4,5,6AND7  WHEREAS, the Smithfield Town Council wishes to amend certain provisions in the Unified Development Ordinance by making changes to the Town of Smithfield Unified Development Ordinance to provide for quasi-judicial approvals ofs subdivision preliminary plats, to adopt Historic Preservation Commission and regulations, toi incorporate the 160D WHEREAS, it is the objective of the Smithfield Town Council to have the UDO promote regulatory efficiency and consistency and the health, safety, and general welfare oft the 1. The Articles attached in Exhibit A are amended as set forth by the deletions 2. That if this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the ordinance which can be givens separate effect and tot thate end the provisions oft this ordinance are 3. That ifit be determined that any other Town Ordinance or any part of any other Town Ordinance isi in conflict with this Ordinance, said conflicting Ordinance shall be deemed repealed and ofr no effect and the provisions oft this Ordinance shall prevail. These amendments of the Unified Development Ordinance shall become effective upon Attached. hereto by refence and made a part oft these official minutes is a copy of Exhibit  enabling legislation changes, and tof fixe errors, ambiguities.  community;  NOW, THEREFORE, bei it ordained that:  strikethroughs) and additions (double underlining)  declared to be severable.  adoption.  Av which is oni file in the Office oft the Town Clerk)  5. Consideration and request for approval to purchase an underground puller for the Public Utilities Director Ted Credle addressed the Council on a request to purchase an underground puller for the Electric Department. He explained as residential subdivision are built, main power lines are installed underground. Staff has utilized water/sewer equipment or a contractor in the past to perform the undergroundi installation. Staff would ber requesting to purchase an underground pulleri in threet to five years. While investigating other equipment, stafff found a used underground puller ata cost of $50,00. A comparable machine would cost $170,000. By purchasing the equipment now, it would be a savings to the Town. Sincet funds were not budgeted for this equipment, funds would be Mayor Pro-Tem Dunn questioned how often this equipment would be used. Mr. Credle explained it would be used every month ore every couple ofr months. With continued growth, the equipment would  Electric Department  used from the voltage conversion project which! has adequate funds.  be used more frequently.  Councilman Scott made a motion, seconded by Councilman Barbour, to approve the purchase oft the underground puller for the Electric Department. Unanimously approved. Councilman Stevens questioned if this piece of equipment could be rented to other Towns to help offset the cost of the equipment. Mr. Credle responded he would discuss that option with Clayton, 6. Consideration and request for approval to update the Public Utility Capital Public Utilities Director Ted Credle addressed the Council on a request to approve the proposed update for the capital improvement planf for public utilities. Although this plan is not required by law, ite enables the Town to be in a more advantageous position for grants and loans. The most recent update was approved by Councili in. June of2018. Normally, staff updates the plan annually, but until  Benson and Selma. Improvement Plan    6104  the water plant project was settled, we could not update the plan. The plan combines all three budgeted departments: electric, water plant and water /sewer. Mr. Credle highlighted completed and Councilman Scott askedt that funds and planning bei included for the load management program.  ongoing projects ina all three departments.  Councilman Scott made a motion, seconded by Councilman Barbour, to approve the update tot the Public Utility Capital Improvement Plan. Unanimously approved. (Attached hereto by refence and made a part of these official minutes is a copy of the Approve Public Utility Capital Improvement Plan which is on file int the office of the Town  Clerk)  7. Consideration and request for approval to enter an agreement with Collection Agency, Penn Credit Corporation, for the collection of past due receivables Finance Director Greg Siler addressedi the Council on ar requestt to enter into an agreement with Penn Incorporated. This collection agency was recommended and vetted by the North Carolina League of Municipalities. Previously, the Town had an agreement with another collection company that did not perform as expected. That contract was never renewed. Auditors brought it.to Mr. Siler's attention thatt they wouldl like the Townt tov write offa any debts that were deemed uncollectible. Staffi is requested Councilman Scott questioned ift this agency would be used for only closed accounts and not for existing customers. He further questioned ift the Town was using the Debt Setoff Program. Mr. Siler responded the agency would only be used for closed accounts. Hei further responded that staff was using the Debt Setoff Program, but when the tax laws changed in 2014, collecting debt viai income  toe employ and outside agency for assistance with its uncollected debt.  tax refunds lessened by 50%.  Councilman Scott made a motion, seconded by Councilman Barbour, to enter into an agreement with Penn Credit Corporation for the collection of past due receivables.  Unanimously approved.  8. Discussion concerning employee hazard compensation  Town Manager Michael Scott stated staff was asked by Council to investigate the possibility of providing hazard pay or hazard bonuses for employees as it related to the COVID-19 pandemic. Human Resources Director Tim Kerigan contacted other jurisdictions to ascertain what they were providing for their employees. Options included: additions to hourly wages for some, bonuses for all staff and bonuses for only public safety (Police and Fire) employees. The Town Manager recommended ifthe Council want to acknowledge the risk, and the assistance and the hard worki that the staff! has done, and oure employees have done, thate every employeer receive ab bonus ofs some type oft thes same amount. Ther recommended: amount per employee would be $500 and could bea absorbed Councilman Scotts stated he askedt that this be brought before the Council for consideration because the employees have continuedi top providet thel level ofs service the citizens expect during the pandemic.  int the current budget.  Councilman Barbour made ar motion, seconded by Councilman Scott, to award as $500 one- time hazard pay bonus to all full time and all permanent part time employees to be implemented att the beginning of the next pay period. Unanimously approved.  Councilmembers Comments:  Councilman Scotte encouraged the public tos stay diligent during the pandemic. He also expressed Councilman Wood stated! his mother-in-law recently passed away. She was employed att the SRAC int the playroom andi the children! lovedh her. Thef family appreciated allt the calls, texts, andi messages Councilman Stevens expressed his appreciation to Lawrence Davis who he witnessed cleaning storm drainsi in South Smithfield on Christmas Eve. He also expressed his appreciation to the Fire Mayor Pro-Tem Dunn statedt that during this time oft the year, it was important to spend time with our family and friends. He statedt that while the vaccine was being distributed it was still important tov washy your hands, maintain your distance and sanitize as much as possible.  his appreciation to Councilman Lee for all his efforts during the holidays.  they have received. Department for assisting him.  Town Manager's Report:  Town Manager Michael Scott gave al brief update tot the Council on the following items: returned from training and certification and are both working on patrol.  Police K-9: The police department's newest K-9, Titus and his handler, Officer Jernigan, have AMI: Thei installation ofa automatic water meters budgetedi fort the currentf fiscaly year willl begin about    6105  January 19th on the West part of Town. Contractors will be clearly identifiable as Nex-Gen The Town! Manager expressed his appreciation to Pete Conneti for serving the Town ast the Interim  employees  Public Works Director for the past seven weeks. Closed Session Pursuant to NCGS 143-318.11 (a)( (3)  Councilman Barbour made ar motion, seconded by Councilman Wood, to enteri into Closed Session pursuant Councilman Wood made a motion, seconded by Councilman Barbour, tor reconvene in Open Session.  tot the aforementioned: statute. Unanimously approved at approximately 9:10 pm  Reconvene in Open Session Unanimously approved ata approximately 9:36 pm  Councilman Scott made a motion, seconded Councilman Wood, retain and authorize the law firms ofF Fields PLLC, Bowers Law Office, Miller Law Group, PLLC, The Ford Firm PLLC, Gene Davis, PLLC and Seneca Jacobs as Client's attorneys in connection with the investigation and prosecution of damage claims associated with opioids and related products improperly manufactured, distributed and marketed by defendants in the National Prescription Opiate Litigation, MDL 2804 pending in the Northern District of Ohio and other parties and such other matters as the client and the attorney group may agree in writing and to authorize the Town  Manager to act on behalf oft the Town. Unanimously approved.  Adjourn  Being no further business, Councilman Scott made a motion, seconded by Councilman Wood to adjourn the  meeting. Unanimously approved. The meeting adjourned at approximately 9:38pm  OF SMITN Symm ERL  AALE M.A AndyMooreMayor  ATTEST:  iebuak Shannan L.F Parrish, Town Clerk