Mayor Andy Moore Mayor Pro-Tem Emery Ashley Council Members J. Perry Harris Marlon Lee Travis Scott Roger Wood Stephen Rabil John Dunn Town Attorney Robert Spence, Jr. Town Manager Jim Freeman, Interim Town Manager Finance Director Greg Siler Town Clerk Shannan Williams  MITHFIEID  NORTH CAROLINA  Town Council  Agenda Packet  Meeting Date: Tuesday, January 5, 2016  Meeting Time: 7:00 p.m.  Meeting Place: Town Hall Council Chambers  350 East Market Street Smithfield, NC 27577        SWIHMED  NORTH CAROLINA TOWN OF SMITHFIELD TOWN COUNCIL AGENDA REGULAR MEETING JANUARY5 5, 2016  7:00 PM  Call to Order  Invocation: Led by Centenary United Methodist Church Senior Pastor William Holliday  Pledge of Allegiance: Led by Boy Scout Troop #77  Approval of Agenda Presentations:  Page  1. Administering Oath of Office to new Police Officer - Tyler Hayes (Mayor -M. Andy Moore) See attached information.  2. Mary Nell Ferguson concerning Public Schools ini the Smithfield-Selma area.  See attached information.  Public Hearing:  1. CUP-15-04 Triangle Marketing Associates, Inc: The applicant is requesting a conditional use permit to allow for the construction and operation of a 30 foot radio antenna with studio on property located within an LI (Light Industrial) zoning district. The property considered for approval is located on the east side of Airport Industrial Drive and approximately 450 feet north of its intersection with Swift Creek Road. The property is further identified as Johnston County Tax  ID# 15J08017F.  (Planning Director- - Paul Embler) See attached information..  2. CUP-15-05 GrayCliff Enterprises, Inc: The applicant is requesting a conditional use permit to allow for one residential housing unit on property located within a B-3 (Business Highway Entrance) zoning district. The property considered for approval is located on the north side of Powell Street and approximately 240 feet east of its intersection with Computer Drive. The property is further  identified as Johnston County Tax ID# 15J08071. (Planning Director = Paul Embler) See attached information.  37    Page  Citizens Comments: Consent Agenda Items:  1. Approval of Minutes: December 1, 2015 - Regular Meeting  December 8, 2015 -S Special Meeting..  67  2. Bid Award and Purchase Approval of two SUV's in the amount of $61, 482.00 to replace existing K-9 Patrol vehicles in the Police Department. The purchase of  these vehicles was approved ini the FY 201S - 2016 Budget. (Chief of Police - Michael Scott) See attached information.  85  3. Consideration and approval of the purchase of a 2017 Smeal Fire Engine in the amount of $491,799.00. The purchase of this was fire engine was approved in (Interim Fire Chief - John Blanton, Jr.) See attached information.  the FY 2015-2 2016 Budget.  93  4. Consideration and Approval to allow the Fire Department to apply for  Assistance to Firefighter's Grant (AFG).  (Interim Fire Chief -J John Blanton, Jr.) See attached information. begin the grant application process for land acquisition.  .97  5. Consideration and approval to authorize Parks and Recreation staff to pursue/ (Parks and Recreation Director- - Gary. Johnson) See attached information.. 6. Consideration and approval of the physical relocation of the Town of Smithfield PEG Chanel in the amount of $10,656.00 to be paid from the PEG Chanel line (Human Resources Director / PIO -1 Tim Kerigan) See attached information.  ..99  item.  101  Business Items  1. Consideration and approval of a Contract Agreement for grant Number 2016- 018-3201-2538 = Project "Atlantic Resources - Brightleaf Blvd Building (Interim Town Manager - Jim Freeman) See attached information..  Renovation Project"  .102  2. Consideration and approval of a request to increase the Water/Sewer Base (Finance Director = Greg Siler and Public Utilities Director-P Pete Connet)  Charge and Rates See attached information.. and Sewer Fund  136  3. Consideration and approval of a Fund Balance Retainage Policy for the Water  (Finance Director - GregsilerSeeatached information.  140    Page  4. Consideration and approval to appoint one member of the Council to serve as the Delegate to the Triangle J. Council of Government's Board of Delegates and  one member of Council to serve as an Alternate. (Town Clerk - Shannan Williams) See attached information. 5. Discussion regarding the State Health Plan  142 ..148  (Human Resources Director/ PIO-Tim Kerigan) See attached information.  Councilmember's Comments Town Manager's Report  Financial Report (See attached information). Department Reports (See attached information). Manager's Report (Will be provided prior to the meeting)  .190 194  Closed Session: Pursuant to NCGS 143-318.11 (a)(6) to discuss and review Town Manager  applications. Adjourn        Presentations        Town of Smithfield Town Council Action Form  Item: Police Swear In  Date of Meeting: January 05, 2016 Staff Work By: Chief Michael L. Scott  Date Prepared: December 10, 2015  Presentation: Presentation:  Presentaton/Reports  The police department has hired one new officer to fill an existing vacancy within the police department. Tyler Hayes was hired to fill this position. Officer Hayes has been assigned to "B" Team Patrol. Officer Hayes was previously a police officer for North  Carolina State University Campus Police.  Action Requested:  Iti is requested Officer Hayes be Sworn in and welcomed to North Carolina law  enforcement and the Smithfield Community.  1    SMITHED  NORTH CAROLINA  OATHOF ( OTFICE  SMIT3HIELD POLICE DEPARTMENT  "Tyler Jayes, the undersigned, do solemnly swear or affirm that Iwill support the Constitution of the United States; that I will faithfully and bear true allegiance to the State of North Carolina and to the Constitutional powers and authorities which are, or may be established for the government thereof; that/willendeayor: to support, maintain and defend the Constitution of said State, not inconsistent with the Constitution of the United States; that I will be alert and vigilant to enforce the criminal laws of this state; that Iwillnot be influenced in any manner on account ofpersonal bias or prejudice; andthatlwitathfuly and impartially execute the duties of my office as a law enforcement officer according to the best of my skill, abilities andjudgment, sO help me  God."  Tyler Hayes  Date  Oath administeredthis the 5' day of January, 2016  SRI r  M. Andy Moore, Mayor  2    Address to Smithfield Town Council on January 5, 2016  My name is Mary Nell Ferguson and I want to talk about the public schools in the Smithfield-Selma area. What I have to say today does affect the future of the Ihave been an educator for over 40 years - as a teacher and administrator. Iwas principal ofCleveland Elementary for 13 years. Igrew up in Smithfield. My roots go deep. My father, Denton Lee, was on the' Town Council and was a merchantwho had an appliance store where Wallace photography is today. My mother was Margaret Lee. Her greatest contribution to the town and our county is the Heritage Center. Icare about this town. Since Ir moved back a year ago, many people have asked me why my husband, Jerry, and I left the Cleveland area. I quickly tell them that Smithfield is a great place to live! It beats the horrible traffic in Raleigh as well as the Cleveland-Clayton area. My church, gym, shopping, and friends are five minutes from my home. And - Iknow iti is possible to have schools that will give a positive First, I want to make it very clear that I know our teachers, principals, and central office staff are doing a great job educating our Smithfield-Selma children - but we have schools that are economically segregated and that is never the best school for low income students. The test scores of these schools present a very negative Ihave given you a paper that Ij presented to the school board. Ihope you will read it. The message is one of change and I propose the change be magnet schools. We have already started that a little with the IB program at Smithfield Selma High School. Magnet schools do attract. Parents know about the success of magnet schools in Wake County. Neuse Charter, right here, is verification that parents will bring their children to a school of choice, provide their lunches, and pick them up at the end ofa day. The same can happen for all ofc our schools in this area. Ihave presented to you a picture of what our schools could be. My ideas are based on what I know about magnet schools in Raleigh. Iam sure our Johnston County School System can come up with a much better plan. Whatever the plan, the end must be the same. We must move away from schools that are economically Ify you see what Is see, then we all need to join hands and work towards the purpose of changing our schools in the Smithfield-Selma area. Our schools do affect the  Smithfield.  image to our town.  picture about the Smithfield-Selma area.  segregated.  townso ofSmithfield and Selma. Things to do now:  3    1. We need Smithfield-Selma candidates to run for the school board. Since the filing date has past, we need to talk to each candidate and ask him or her  questions about the Smithfield-Selma area. 2. Wer need to talk to school board members and ask questions. 3. Wei need to talk to our county commissioners. 4. Wer need to talk with our friends and neighbors.  5. Ourleaders and citizens must find ways to bej proud ofc our community. 6. We need to support our school system in changes that will bring back the 7. We do not need tol let budget become al roadblock. Ifwe want it, we can find Economically segregated schools should be in the past for Smithfield-Selma. Diverse  pride in ours schools. ways to geti it.  and economically integrated schools should be the future.  Thank you for your time.  4    What' Will Raise tudentAchievement for the Smithfield-Selma Schools? As a retired principal of Cleveland Elementary School and a Smithfield native, I deeply care about the education of all our children in Johnston County. I am here today becauselam concerned that our low-income students in the Smithfield-Selma area are missing out on the opportunity to be a part of economically integrated Free and reduced-lunch numbers for the elementary schools in the area are extremely significant: West Smithfield, 92%; South Smithfield, 79%; Selma, 88%. These children deserve the same educational environment and diversity available to other children in our county. For certain, at every level, the Smithfield-Selma students have good teachers, outstanding principals, and central staff who are working hard to increase test scores, but all of these schools have a grade D or Research is very clear that diversity is good for all students. Itis especially good for low-income students. There is no evidence that integrated schooling harms any student group. Diversity results in higher test scores and graduation rates and a reduction of prejudice and fears. If we focus on diversity for our K-12 schools, we will raise student achievement while giving all students a better chance in life. Johnston County Schools should make diversity a priority in the Smithfield-Selma We know in education that we can't keep doing the same thing and get different results. Solhave ideas on how to begin the change process. We need to look at the success ofs schools around us. Neuse Charter has a waiting list for students whose parents are willing to drive them to school and send theirlunches. Early College has a waiting list. When I was principal at Cleveland Elementary, the parents wanted their children to have the advantages of the AIG Center. In short, many parents are willing to change old patterns in order for their children to attend schools they perceive as offering better environments forl learning for their child. When my husband and I moved to Raleigh in the 1970's, we did not want our children to go to the downtown schools that were handicapped by economic segregation. Now, in 2015, Raleigh's downtown schools are preferred by many conscientious parents. My own children want their children to go to downtown What changed the reputation of these schools in Raleigh? Magnet schools. Magnet schools created a way to bring about economic diversity, thus giving parents a choice regarding what type of] public school their children may attend. Iwould hope the johnston County School Board would look at ways to move away from economic segregation and towards more balanced schools in the Smithfield- Selma area by considering the magnets school concept. Iwould challenge those who  schools.  lower.  area.  schools.  5    are making a choice for our new superintendent to consider the applicant's position on diverse and economically integrated schools. In the next 10 years I predict that there will be other areas in the county that will not be diverse. Rather than wait to see, why not begin now to find ways for all students to have the advantages of the Iwill encourage leaders in the Smithfield-Selma area to find ways to promote the positives in our schools now. Could Johnston County Schools give data that reports how our non-free and reduced students are performing on end of grade tests? If parents could see that their child has the chance to do well at a school, perhaps more will choose to stay in these schools rather than transfer out of the Smithfield- Selma area. Most parents don't know how to look beyond those Ds and low scores. Ift there is a way to paint an accurate picture for the public, it would be very Iknow that Johnston County Schools strive for excellence for all. Our free and reduced lunch students need the same advantages that are provided those students ins schools with a low percent of free and reduced lunches. The time is now! Change isl hard work. It may not be popular. It takes time. But these children don't have the  best education?  beneficial.  time to wait. They count on you.  Written by Mary Nell Ferguson, Retired Principal  November, 2015  Contact Information: Address: 1108 Baker Street, Smithfield, NC 27522  Phone: 919-989-8481 &919-210-8801 Email: mnferguson41@gmail.com  6    A Magnet School Vision for smithfield-selma Schools  Whati is a magnet school?  Ar magnets school is a free school of choice with a focused theme that is aligned to the curriculum. The theme would be unique to that one school and parents in other schools can apply to attend. Most schools do not have entry requirements, but embody the belief that students have different interests The plan below is only for the purpose of helping citizens see what could be. There arel many magnet programs that need tol be examined for our schools.  and talentsand magnet schools can meet those needs.  Year: 1:  ForllustrationOnky  South Smithfield Elementary:  A Performing Arts Magnet with an emphasis on literature, theatre, music, and dance. Each year the students will write and produce a play to be performed at the Neuse Little Theatre. The music and dance students will be a part of the production. Selma Elementary: International Magnet with an emphasis on duel language. Smithfield-Selma High School will continue the International Baccalaureate. They  will look for ways to encourage more students to attend.  Smithfield Middle Year 2:  Move the International Baccalaureate Program to the middle school age student.  Continue the above and add:  WestSmithfield Blementary: Technology-leadersnp Magnet  Wilson's Mills Blementary: Selma Middle School: elementary: schools  Science-Math Magnet  Math-Science Magnet/ and-or Duel Language that would carry on the theme of the Smithfield Middle: Add programs that would continue elementary magnet themes.  Year: 3:  School Leaders and Parents will look at what is working best and continue or change. Some middle school magnet programs may need to move into the high  school.  Mary Nell Ferguson  7    8    Public Hearings        Town of Smithfield Planning Department 350 East Market Street P.O. Box 761 Smithfield, NC27577 Phone: 919-934-2116 Fax: 919-934-1134  SMTHFED  NORTH CAROLINA  STAFF REPORT  Application Number: Project Name: TAX ID number: Town Limits/ETJ: Applicant: Owners: Agents:  CUP-15-04 15J08017F ETJ none none  Radio station with 301 foot antenna Triangle Marketing Associates, Inc Carolina Property Systems, LLC  Neighborhood Meeting:  PROJECT LOCATION: East side of Airport Industrial Drive and approximately 450 feet north of its  intersection with Swift Creek Road.  REQUEST:  The applicant is seeking a conditional use permit to allow for a radio station with a 30 foot high antenna on property located within a light industrial zoning district.  SITE DATA: Acreage: Present Zoning: Proposed Zoning: Existing Use /Previous: DEVELOPMENT DATA:  1.1 acres LI( (Light Industrial) N/A  Various/mut-tenant development  Proposed Use: A radio station studio with a 30 foot radio antenna located within an existing  multi-building, multi-tenant development.  ENVIRONMENTAL: The proposed radio station with a 30 foot antenna does not appear to be  located within the boundaries of any designated wetlands or flood plains.  9    ADJACENT ZONING AND LAND USES:  North: South: East: West:  Zoning: Zoning: Zoning: Existing Use: Vacant Zoning: Existing Use: Vacant  LI (Light Industrial) LI( (Light Industrial)  Existing Use: Commercial  Existing Use: Vacant/Undeveloped  R-20A Residenta-Agncutura) LI(Light Industrial)  STAFF ANALYSIS AND COMMENTARY: The radio station is located within a three bay muiti-tenant building located within Airport Industrial Park subdivision. Automobile parking is ample and the building is setback far enough sO that if the proposed antenna was to collapse it would not land within any public right-of-way or environmentally sensitive areas. The location of the antenna is within close proximity to Johnston County Airport. Therefore, FAA (Federal Aviation Administration) approval is required. The applicant has submitted documentation from the FAA showing that a determination has been made that the antenna will not create al hazard tot flight operation occurring in the area.  Consistency with the Strategic Growth Plan  The proposed radio station with a 30 foot antenna is consistent with the recommendations of the Comprehensive Growth Management Plan which calls for industrial / commercial uses  near the vicinity of. Johnston County Airport. Consistency with the Unified Development Code  Radio stations are a permitted use within a LI (Light Industrial) zoning district with a valid conditional use permit. The existing site was approved by the Johnston County Planning Department and has since become a part of the Town of Smithfield Extra Territorial Zoning Jurisdiction. The site appears to have been constructed to modern zoning standards in terms of building setback, parking and landscaping. No additional site improvements are requested  at this time.  Compatibility with Surrounding Land Uses  A radio station at this location should not pose a compatibility issue with surrounding land uses providing the applicant is comfortable being located in an industrial park were light  manuracturing is permitted.  Signs  The subject use can be permitted one monument sign and one wall sign facing Airport  Industrial Drive.  10    OTHER: FIRE PROTECTION: SCHOOL IMPACTS:  The Town of Wilsons Mills.  NA  PARKS AND RECREATION: NA ACCESSISTREETS:  170 feet of road frontage along Airport Industrial Drive.  WATERISEWER PROVIDER: Johnston County  ELECTRIC PROVIDER:  Duke Progress Energy  Planning Department Recommendations:  Planning staff recommends approval of a Conditional Use Permit request to allow for the operation of a radio station and construction of a 30 foot high antenna on property located within a LI (Light  Industrial) zoning district.  Planning Board Recommendations:  The Planning Board, at its December 3, 2015 meeting, unanimously voted to recommend approval of conditional use permit request to allow for a radio station with a 30 foot high antenna on property  located within the LI (Light Industrial) zoning district.  Town Council Action Requested: The Smithfield Town Council is requested to review the petition and make a decision in accordance with the finding of fact for a conditional use permit to allow for a radio station with a 30 foot high antenna on property located within the LI (Light Industrial) zoning  district.  11    12    Town of Smithfield  Conditional Use Permit Application Finding of Fact/ Approval Criteria  Application Number: CUP-15-04 Name: Triangle Marketing Associates LLC Request: Applicant seeks a CUP for ai radio station studio with a 30 foot antenna.  The Smithfield Planning Board shall recommend and the Town Council of the Town of Smithfield shall decide the matter of this Conditional Use Permit Application by motion and vote on each of the following four findings of fact. Any motion to find against the application must be supported by statement of specific reasons or conclusions reached in support of the  motion.  1.1 Finding One of Four: Circle One A. Approval:  Based on the evidence and testimony presented it is the finding of the Town Council that the application, ifa approved, will not materially endanger the public health or safety if located where proposed and developed according to the plans as submitted and  approved or is approved with the following stated conditions.  The proposed radio station with a 30 foot antenna will not materially endanger the public health safety or general welfare because the antenna will be constructed to meet all plans and specifications as required by Johnston County Building Inspections toi include engineered footings. The FAA has made a determination that the proposed tower will not create a hazard to flight operation occurring within the  vicinity of Johnston County Airport  B. Denial: (If denied, must include facts supporting denial)  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, will materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved for the following stated reasons: (Applicant fails to meet the criteria for approval.) The proposed radio station with a 30 foot antenna will be detrimental to the adjacent land uses in the event oft tower failure. Because oft the tower's close proximity to this multitenant building, any collapse could cause substantial damage  tot the building structure and neighboring tenants.  CUP-15-04 Page lof5  13    Finding Two of Four:  Circle One A. Approval:  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, meets all required specifications and conforms to the standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinance or other applicable regulations or is approved with the The proposed radio station with a 30 foot antenna conforms to the standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinance and meets all zoning regulations that were in place at the  following additional stated conditions.  time the applicant first contacted the Town of Smithfield.  B. Denial: (lf denied, must include facts supporting denial)  Based on the evidence and testimony presented it is the finding of the Town Council that the application, fails to meet all required specifications or fails to conform to the standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinance or other applicable regulations in the following ways or for the The proposed radio station with a 30 foot antenna as submitted fails to conform to the standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinance because the use became operational prior to  following reasons:  receiving a valid conditional use permit.  CUP-15-04 Page 2 of5  14    3.1 Finding Three of Four: Circle One A. Approval:  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, will not substantially injure the value of adjoining or abutting property and will not be detrimental to the use or development of adjacent properties or other neighborhood uses or is approved with the following additional The proposed radio station with a 30 foot antenna will not adversely affect the use ora any physiçal attribute of adjoining or abutting properties. The radio station will blend in with all the other businesses within Airport Industrial Park. Denial: (If denied, must include facts supporting denial)  stated conditions.  B.  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, will substantially injure the value of adjoining or abutting property and/or will be detrimental to the use or development of adjacent properties or other neighborhood uses in the following ways or for the following  reasons.  Itisunlikely that the proposed radio station with a 30 foot antenna will substantially injure the value of adjoining or abutting properties and/or will be detrimental to the use or development of adjacent properties and should not be used  for basis of denial.  CUP-15-04 Page e3of5  15    4. Finding Four of] Four:  Circle One A. Approval:  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, would not adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development of the adjacent properties or is approved with the following additional  stated conditions.  The proposed radio station with a 30 foot antenna will not adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development given that it will occur within an existing multitenant development which has adequate parking, landscaping, and generally  meets all other modern development standards.  B. Denial: (lf denied, must include facts supporting denial)  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, would adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development ofthe adjacent properties in the following ways or for the following stated  reasons: (Applicant fails to meet the criteria necessary for approval.)  The proposed radio station with a 30 foot antenna will adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development of the adjacent properties because the light industrial zoning district would be better served with uses involving light  manufacturing.  CUP-15-04 Page 4 of5  16    4. Once all findings have been decided one of the two following motions must be made: Motion to Approve: Based upon satisfactory compliance with the above four stated findings and fully contingent upon acceptance and compliance with all conditions as previously noted herein and with full incorporation of all statements and agreements entered into the record by the testimony of the applicant and applicant' 's representative I move to recommend approval of  Conditional Use Permit Application # CUP-15-04  Motion to Deny: Based upon failure to meet all of the above four stated findings and for reasons stated therein, I move to recommend denial of Conditional Use Permit Application #  CUP-15-04fort the following stated reason:  5. Record of Decision:  Based on a motion and majority vote of the Town of Smithfield Town Council  Conditional Use Permit Application Number CUP-15-04 is hereby:  recommended for approval upon acceptance and conformity with the following  conditions; or,  recommended for denial for the noted reasons.  Decision made this  day of  20 while in regular session.  M.A Andy Moore, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  CUP-15-04 Page 5of5  17    18    Planning Board Report for Triangle Marketing Associates, Inc  CUP-15-04  Public hearing held on December 3, 2015 (Excerpt from draft minutes)  Mr. Helmer stated the applicant is requesting a conditional use permit to allow for the construction and operation of a 30 foot radio antenna with studio on property located within a LI( (Light Industrial) zoning district. The property considered for approval is located on the east side of Airport Industrial Drive and approximately 450 feet north of its intersection with Swift Creek Road. The property is further identified as Johnston County Tax ID# 15J08017F. Mr. Helmer stated an existing multi-building, multi-tenant development is seeking a conditional use permit to allow for a radio station studio with a 30 foot radio antenna. The location of the proposed radio station with a 30 foot tall antenna does not appear to be within the boundaries Mr. Helmer stated the radio station is located within a three bay multi-tenant building located within Airport Industrial Park. Automobile parking is ample and the building is setback far enough sO that if the antenna was to collapse it would not land within any public right-of-way or environmentally sensitive areas. The location of the antenna is within close proximity to Johnston County Airport. Therefore, FAA (Federal Aviation Administration) approval is required. The applicant has submitted documentation from the FAA showing that a determination has been made that the antenna will not create a hazard to flight operation occurring in the area. The proposed radio station with a 30 foot antenna is consistent withthe recommendations of the Comprehensive Growth Management Plan which calls for Mr. Helmer stated radio stations are a permitted use within a LI (Light Industrial) zoning district with a valid conditional use permit. The existing site was approved by Johnston County Planning Department and has since become a part of the Town of Smithfield Extra Territorial Zoning Jurisdiction. The site appears to have been constructed to modern zoning standards in terms of building setback, parking and landscaping. A radio station at this location should not pose a compatibility issue with surrounding land uses providing the applicant is comfortable being located in an industrial park where light manufacturing is permitted. The subject use can be permitted one monument sign and one wall sign facing Airport Industrial Drive. Mr. Helmer stated the Town of Wilsons Mills will provide fire protection, Johnston County will provide water and sewer, and Duke Progress Energy will provide electric services. Mr. Helmer stated the planning staff recommends approval of a Conditional Use Permit request to allow for the operation of a radio station and construction of a 30 foot high antenna on property located within a LI (Lightl Industrial) zoning district. The Planning Board is requested to  ofthe designated wetlands or flood plains.  ndustra/commercial uses near the vicinity of Johnston County Airport.  19    review the request for a radio station with a 30 foot high antenna and make a recommendation to Town Council in accordance with the finding oft fact fora a conditional use permit. Mr. Upton asked if anyone wanted to speak for or against the proposal. There were none. Teresa Daughtry asked what the recourse would be if the proposed project is already Mr. Helmer stated that radio station is in operation. Mr. Helmer stated that the record indicated that al building permit for an interior fit-up was issued without a proper zoning permit from the Smithfield Planning Department first being issued. Mr. Helmer also stated that it doesn't happen often but that the Smithfield UDO allows for permits issued in error to be Daniel Sanders asked if the project was to be expanded would they have to come back to the Mr. Helmer stated that the Smithfield UDO requires major changes to the type, size and intensity of use requiring a conditional use permit to be re-reviewed by the Town of Smithfield Victor Heilman, 225 Bell Dr, Garner, stated he had gone to the Town of Clayton and they told him it was in Johnston County's jurisdiction. Johnston County then reviewed the plans for interior modification and building permits were issued. It wasn't until sometime later that a building permit for the tower was requested and I was informed by Johnston County that the Town of Smithfield would need to approve it first. After speaking with Mr. Helmer, I was informed that a conditional use permit for a radio station in the light industrial zoning district  conducting business.  corrected by a valid conditional use permit issued by Town Council.  board.  Planning Board and Town council.  was required.  Mr. Upton asked what the stations call letters are.  Mr. Heilman stated the call letters are WKJO 102.3FM, Johnston County's only licensed FM  station.  Mr Upton Aski ift there were any other questions. There were none.  Steve Upton closed the public hearing  Teresa Daughtry made a motion, seconded by Jack Matthews, to move to the Finding of Fact. Article 13 Section 13-17 of the Town of Smithfield Unified Development Ordinance requires applications for a Conditional Use Permit to address the following findings. Theburden of proof ison the applicant and failure to adequately address the findings may result in denial of the  Unanimous.  application.  20    The Smithfield Planning Board shall recommend and the Town Council of the Town of Smithfield shall decide the matter of this Conditional Use Permit Application by motion and vote on each of the following four findings of fact. Any motion to find against the application must be supported by statement of specific reasons or conclusions reached in support of the 1. Based on the evidence and testimony presented it is the finding of the Planning Board that the application, if approved, will not materiallye endanger the public health or safety if located where proposed and developed according to the plans as submitted and The proposed radio station with a 30 foot antenna will not materially endanger the public health safety or general welfare because the antenna will be constructed to meet all plans and specifications as required by Johnston County Building Inspections to include engineered footings. The FAAH has made a determination that the proposed tower will not create a hazard to flight operation occurring within the vicinity of Johnston 2. Based on the evidence and testimony presented it is the finding of the Planning Board that the application, if approved, meets all required specifications and conforms to the standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinance or other applicable regulations or is approved with the following The proposed radio station with a 30 foot antenna conforms to the standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinancé and meets all zoning regulations that were in place at the time the applicant 3. Based on the evidence and testimony presented it is the finding of the Planning Board that the application, if approved, will not substantially injure the value of adjoining or abutting property and will not be detrimental to the use or development of adjacent properties or other neighborhood uses or is approved with the following additional The proposed radio station with a 30 foot antenna will not adversely affect the useor anyphysical attribute of adjoining or abutting properties. The radio station will blend in 4. Based on the evidence and testimony presented it is the finding of the Planning Board that the application, if approved, would not adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development of the adjacent properties or is approved with the following additional  motion.  approved ori is approved with the following stated conditions.  County Airport.  additional stated conditions.  first contacted the Town of Smithfield.  stated conditions.  with all the other businesses within Airport Industrial Park.  stated conditions.  21    The proposed radio station with a 30 foot antenna will not adversely affect the adopted plans and policies oft the Town of Smithfield, or violate the character of existings standards for development given that it will occur within an existing multitenant development which has adequate parking, landscaping, and generally meets all other modern  development standards. All members stated true.  Based upon satisfactory compliance with the above stated four findings and fully contingent upon full incorporation of all statements entered into the record by the testimony of the Jack Matthews made a motion, seconded by Teresa Daughtry to recommend approval requesting a conditional use permit to allow for the operation of a radio station and construction of a 301 foot high antenna on property located within a LI (Light Industrial) zoning  applicant and plantsrepresntative,  district. Unanimous  Duly adopted this the 3td day ofDecember 2015.  uey  SepUpton,Hlamningl Board Vice Chairman  ATTEST  Planner  T6  22    Town of Smithfield Planning Department St Smithfield, NC27577 Phone: 919-934-2116 Fax: 919-934-1134  Market 350 E.   NORTH CAROLINA  P.O. Box 761, Smithfield, NC27577  CONDITIONAL USE PERMIT APPLICATION Pursuant to Article 13, ofthe Town of Smithfield Unified Development Ordinance, an owner ofland within the jurisdiction of the Town (or a duly authorized agent) may petition the Town Council to allow a Conditional Use. Conditional Uses are uses that may be appropriate in a particular district, but has the Conditional Use Permit applications must be accompanied. by nine (9) sets ofthe application, nine (9) sets of required plans, an Owner's Consent Form (attached) and the application fee. The application fee is  potential to create incompatibilities with adjacent uses.  $300.00. Allfees are due when the application is submitted.  SITE INFORMATION:  Name of Project: Keb-Sitonuse  Acreage of] Property: Deed Page(s):  LI4C  Parcel ID Number: 16P500-04-851 Tax ID:  15300017F 43  Deed Book: Location:  1816  Address: 104 Airlort ACPSA  Existing Use: Radis Shafion Studio Sfe Proposed Use: Poki Sahcr ShSe  Existing Zoning District: Requested Zoning District Is project within a) Planned Development: Planned Development District (ifapplicable): Is project within an Overlay District: Overlay District (ifapplicable): FOR OFFICDUS,ONLY  L/ Z/  M Yes Yes  .No No  File Number/DP-15-24 Date Received: yhhc  Amount Paid: Hanso  Page 1 of5  11/2012  23    OWNERI INFORMATION:  Name: Crclic Ralars SskeLy LCC Mailing Address: 728 Aipat Adachic Drwe  Phone Number: Email Address:  914 954391HFFax  APPLICANTINFORMATIONE  Applicant:  Traige Merkefg Asacickshe  Mailing Address: 104 Airpert hhrhacDee SA102  Phone Number: 917-7974/122  Fax: Chyfor, Nc 27520  Contact Person: Email Address:  RIck Heilhnnn desys.t  RDQUIRED PLANS AND.S S0!  INFORMATION  Thej following items must accompany a Conditional Use Permit application. This information is required to  be present on all plans, except where otherwise noted:  WAII required plans (please see the plan requirements checklisi). A signed and sealed traffic impact analysis. Verification of wastewater allocation (granted or requesled).  Driveway permits (Town of Smithfield orl NCDOTencroachment with associated documentation). Other applicable documentation: FAA Appava Nohce  STATEMENTOTJISTIRICATION  Please provide demiledinformation concerning all requests. Attach additional sheets ifnecessary. jugf became Awarc 61 facf hhaf WE Wwereloate AEytRE arsdecton 5AOA Located" hdis Sfztla sh.ha atthis Se Ih Dec Zory feruched! affce 4474 pErehonse buildins Wi Johustos Couafy. Andla-let 1 Feb 2015 WIGL to erect A Jo.fast bwerat yeer ta place icroy waue hranset dik frandis  fibfatfer 33mies  EH5  awany.  toun Cowncl appravslfr hedi  epetihr fower  Adappioval 4o hect  S5  sdt,  h  Page2of5  11/2012  24    REQUIRDDI INDINGSORIACT  Article 13, Section 13-17 oft the Town of Smithfield Unified Deyelopment Ordinance requires applications for a Conditional Use Permit to address the following. findings. The burden of proof is on the applicant and failure to adequately address the. findings may result in denial of the application. Please attach 1. That the use will not materially endanger the public health, safety, or general welfare if located where proposed and developed açcording to the plan as submitted and approved; The raka Sfato Sprimeily An offee -type Eyymhest Wikacles tosfde Theve 5no REAfThe ofhclecatier, hhe fudi far7he AfeMPg Csc cha Rodd, (BIFIA2007) I Wwhich  additional, pagesifnecessary.  to TyReysm,  53C  61 Lrfk Lecak  2. That theyuse meets all reqlired conditions and.specifications;  7ke F hes FAolpNcEk  15  7 ci  ctr-hica Hichks not infy  /A rpciarfhs at Mahaka hhts s Arper  3. That the use will not adversely affect the use or any physical attribute of adjoining or abutting o serye the L ApeflIceAR) His hhe Ouly Emlicense for hE Sarfnek o mnnetzy Thuzo fidi Suites 4AR hAUKAO ehjecnor fatke L5e af his loche g5Al 5KkAsn. Gr Thc has ho abjectiente his uscerthe Laigtrashan AT2 So'bwer 4. That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it ist to be located. The conditional use shall demonstrate conformance to the Land Use Plan or other plan in effect at the time and address Zhy racks Sthen S-hcke 1s An off7ce Thercir no BF Arthisss That S aE 1 ferefe SHe 36s auiy. 045 lata w be Eat 756 72 Pepeas MIceRURo /ou ULKE  property, or that the use isap publicnecessity; and Thcreks stahon 15 eR  owher  impacts oft the project as required by GS 60A-382(b).  bla  7h fawsris far Snalr 7hen Supradns  fk.,  thc Ava  Page 3 of5  11/2012  25    APPLICANT, AFFIDAVIT  I/We, the undersigned, do hereby make application and petition to the Town Council of the Town of Smithfield to approve the subject Conditional Use Permit. Ihereby certify that I have full legal right to request. such action and that the statements or information made in any paper or plans submitted herewith are true and correct to the best of my knowledge I understand this application, related material and all attachments become official records oft the PlayingDepartment. of the Town of Smithfield, North Carolina,  and will notl bey returned. RekarHelaan PriitName  Signatureo  bb  Z  Page 4 of5  11/2012  26    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  MITHPIEID NORTH CAROLINA  350 E. Market St Smithfield, NC27577 P.O. Box 761, Smithfield, NC27577  OWNER'S CONSENT FORM  Name of Project: TagkAekg/ Submittal Date:  M4s  OWNERS: AUTHORIZATION Ihereby give CONSENT to  N/A  (type, stamp or print  clearly full name of agent) to act on my Behalf, to submit or have submitted this application and all required material and documents, and to attend and represent me at all meetings and public hearings pertaining to the application(s) indicated above. Furthermore, I hereby give consent to the party designated above to agree to all terms and conditions which may arise as part of the approval of this Ihereby certify Thave full knowledge the property I have an ownership interest in the subject of this application. I understand that any false, inaccurate or incomplete information provided by me or my agent will result in the denial, revocation or administrative withdrawal of this appliçation, request, approval or permits. I acknowledge that additional information may be required to process this application. I further consent to the Town of Smithfield to publish, copy or reproduce any copyrighted document submitted as a part of this application for any third party. I further agree to all terms and  application.  conditionswhich may,beimposed as part afthe approval-ef this application.  A Kownie Slephns ultis  Print Name  Date  7  CDRTIFICATIONOE APPLICANT AND/ORI PROPDRIY-OWNER  Ihereby certify the statements or information made in any paper or plans submitted herewith are true and correct to the best of my knowledge. I understand this application, related material and all attachments become official records of the Planning Department of the Town of Smithfield, North ZR h  Carblina, and wil.potbeyeturned.  Print Name  Date  OROFRICFINEONINY  File Number: COP15-04 Date Received: 45  Parcel IDI Number:/E8500 4 04-8567  Page 5of5  11/2012  27    Mail Processing Center Federal Aviation Administration Southwest Regional Office Obstruction Evaluation Group 10101 Hillwood Parkway Fort Worth, TX 76177  Aeronautical Study No. 2015-AS0-12856-0E  Issued Date: 10/07/2015 Rick Heilmann Rick Heilmann 104 Airport Industrial Drive Suite 102 Clayton, NC 27520  ** DETERMINATION OF NO HAZARD TO AIR NAVIGATION **  The Federal Aviation Administration has conducted an aeronautical study under the provisions of4 49 U.S.C., Section 44718: and if applicable Title 14 oft the Code of Federal Regulations, part 77, concerning:  Structure: Location: Latitude: Longitude: Heights:  Antenna Tower Antenna Tower smithfield,nc, NC 35-32-50.35N NAD 83 78-23-30.09W 154 feet site elevation (SE) 30 feet above ground level (AGL) 184 feet above mean sea level (AMSL)  This aeronautical study revealed that the structure does not exceed obstruction standards and would not be a Iti is required that FAA Form 7460-2, Notice of Actual Construction or Alteration, be e-filed any time the  hazard to air navigation provided the following condition(s), if any, is(are) met:  project is abandoned or:  At least 10 days prior to start ofconstruction (7460-2, Part 1)  X Within 5 days after the construction reaches its greatest height (7460-2, Part 2)  Based on this evaluation, marking and lighting are not necessary for aviation safety. However, ifmarking/ lighting are accomplished on a voluntary basis, we recommend it be installed and maintained in accordance  with FAA Advisory circular 70/7460-1 K Change 2. This determination expires on 04/07/2017 unless:  (a) the construction is started (not necessarily completed) and FAA Form 7460-2, Notice of Actual (c) the construction is subject to the licensing authority of the Federal Communications Commission (FCC) and an application for a construction permit has been filed, as required by the FCC, within 6 months of the date of this determination. In such case, the determination expires on the date prescribed by the FCC for completion ofconstruction, or the date the FCC denies the application.  Construction or. Alteration, is received by this office. (b) extended, revised, or terminated by the issuing office.  Page I of2  28    NOTE: REQUEST FOR EXTENSION OF THE EFFECTIVE PERIOD OF THIS DETERMINATION MUST BE E-FILED AT LEAST 15 DAYS PRIOR TO THE EXPIRATION DATE. AFTER RE-EVALUATION OF CURRENT OPERATIONS IN THE AREA OF THE: STRUCTURE TO DETERMINE THATNO SIGNIFICANT AERONAUTICAL CHANGES HAVE OCCURRED, YOUR DETERMINATION MAY BE This determination is based, in part, on the foregoing description which includes specific coordinates, heights, frequency(ies). and power. Any changes in coordinates, heights, and frequencies or use of greater powerwill void this determination. Any future construction or alteration, including increase to heights, power, or the This determination does include temporary construction equipment such as cranes, derricks, etc., which may be used during actual construction oft the structure. However, this equipment shall not exceed the overall heights as indicated above. Equipment which has a height greater than the studied structure requires separate notice to the This determination concerns the effect oft this structure on the safe and efficient use ofnavigable airspace by aircraft and does not relieve the sponsor of compliance responsibilities relating to any law, ordinance, or Any failure or malfunction that lasts more than thirty (30) minutes and affects a top light or flashing obstruction light, regardless ofits position, should be reported immediately to (877) 487-6867 sO a Notice to Airmen (NOTAM) can bei issued. As soon as the normal operation is restored, notify the same number.  ELIGIBLE FOR ONE EXTENSION OF THE EFFECTIVE PERIOD.  addition of other transmitters, requires separate notice to the FAA.  FAA.  regulation of any Federal, State, or local government body.  A copy oft this determination will be forwarded to the Federal Communications Commission (FCC) because the Ifv we can be of further assistance, please contact our office at (718) 553-4546. On any future correspondence  structure is subject to their liçensing authority.  concerning this matter, please refer to Aeronautical Study Number 2015-A50-12856.0E.  Signature Control No: 260586376-267911520  (DNE)  Robert Alexander Specialist cc: FCC  Page 2 of2  29    Requested Additional information for FAA. ASN: 2015-A50-12856-0E  October 5, 2015  WallMount Anchored at: 11' height to Horizontal Steel Beam inside Building  WALLMOUNT 25GWM R<IUDESEASEPLATETO MOUNT: 25GSECTION.  Exterior View Rear of Building Tower Anchored at 11' height via Wall Mount to Horizontal Steel Beami inside Aerial View North 4 Right side of photois Airport Front of Building 18' inh height on front side (Tree shown is2 27'SEof proposedtower! location)  Tower tocation  30' tower 3-101 footi high sections triangular 12" sides Freestanding, but anchored at 11 feet.  CONCRETEBASEPLATE WITHA ANCHORS 25GSSB OKUMIASHPSUPORINO 25GTOWERS. AITERNATIVE TOUSINGS SHORT BASE BASEE BOUSATEMPLATENUST BEORD:REDSEPARATEI,  Tower Location,  The ROHN R-2555040 40ft freestanding tower is built using the popular ROHN 25G guyed tower: sections. Alls sections are! 5ft or 10/t in length with 1.25in OD 16GA wall pipe legs and 5/16ins solid: serpentine Tower Height: 40H Assun Lasillhefill  wlll we  MECIMI) Type ofLine Suppon: NA- Attache direcily lot bracing members Maximum: Sidearm Length 0):6 Tower 7pe: Freesiondug Sectori Mounr Compatible: No  Hardware Overview  bracing. More >  WasthaproatDatiga  Ubiquity Networks Rocket DishRD-SG30-LW  Alahmentiotower 700mmx 700mm x185n mm mounted at3 301 level facingNw  Dishsize 700mm x700mm x185n mm  This additional information submitted by Richard Heilmann, President, Triangle Marketing Associates, Inc. October 5,2015 919-989-1122 rick@countrys.com  30    228  196  154  199  128  165  119  104  70  L-I  54  55  3146 a R-20A  3382  A3800 R-20A  Vicinity Map for: CUP-15-04 Applicant: Triangle Marketing Associates, Inc.  N  - NORTHO CAROLINA Map Created by The Town of Smithfield Geographic Infgrmation Services  Feet  40 80 160 240    NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  ADJOINING PROPERTY OWNERS CERTIFICATION  IM Mark E. Helmer, hereby certify that the property owner and adjacent property owners of the following petition, CUP-15-04, were notified by First Class Mail on  12-18-15.  EER  Johnston County, North Carolina  Veronica Hardaway, Notary Public for Johnston County and State of North Carolina do hereby certify that Mark E. Helmer personally appeared before me on this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official  seal, this the  4h day of ceDe(,2015  eLEA Notary Public Signature AXDSCA - Notary Public Name  hdauny  Pardaway  My Commission expires on 1-1448  (Seal) EVERELIFIIL ENRA fo YL PUBLIC sf  3501 E. Market Street P.O. Box 761 Smithfield, NC27577 919-934-2116 Fax 919-934-1134  32    33    y  NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  Notice Of Public Hearings  Notice is hereby given that public hearings will be held before the Town Council of the Town of Smithfield, N.C., on Tuesday, January 5, 2016 at 7:00 P.M., at the Town Hall Council Chamber located at 350 East Market Street to consider the following requests: CUP-15-04 Triangle Marketing Associates, Inc: The applicant is requesting a conditional use permit to allow for the construction and operation ofa 30 foot radio antenna with studio on property located within an LI (Light Industrial) zoning district. The property considered for approval is located on the east side of Airport Industrial Drive and approximately 450 feet north of its intersection with Swift Creek Road. The property is further identified as Johnston County Tax ID# 15J08017F. CUP-15-05 GrayCliff Enterprises, Inc: The applicant is requesting a conditional use permit to allow for one residential housing unit on property located within a B-3 (Business Highway Entrance) zoning district. The property considered for approval is located on the north side of Powell Street and approximately 240 feet east of its intersection with Computer Drive. The property is further identified as Johnston County  Tax ID# 15J08071.  You have been identified as a property owner in the area specified above and are being advised of this meeting as you may have interest in this matter. You are welcome to attend; however, you are not required to in order for the Board to act on this request. Additional information may be obtained by contacting the Town of Smithfield Planning  Department at 919-934-2116.  350 E. Market Street P.O. Box 761 Smithfield, NC27577 919-934-2116 Fax 919-934-1134  34    NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  Notice Of Public Hearings  Notice is hereby given that public hearings will be held before the Town Council oft the Town of Smithfield, N.C., on Tuesday, January 5, 2016 at 7:00 P.M., at. the Town Hall Council Chamber located at 350 East Market Street to consider the following requests: CUP-15-04 Triangle Marketing Associates, Inc: The applicant is requesting a conditional use permit to allow for the construction and operation ofa 30 foot radio antenna with studio on property located within an LI (Light Industrial) zoning district. The property considered for approval is located on the east side of Airport Industrial Drive and approximately 450 feet north of its intersection with Swift Creek Road. The property is further identified as Johnston County Tax ID# 15J08017F. CUP-15-05 GrayCliff Enterprises, Inc: The applicant is requesting a conditional use permit to allow for one residential housing unit on property located within a B-3 (Business Highway Entrance) zoning district. The property considered for approval is located on the north side. of Powell Street and approximately 240 feet east ofi its intersection with Computer Drive. The property is further identified as Johnston County  Tax ID# 15J08071.  All interested persons are encouraged to attend. To accommodate disabilities and to comply with ADA regulations, please contact the town office if you need assistance. Further inquiries regarding this matter may be directed to the Smithfield Planning  Department at (919)934-2116 or online at www.smilhield-me.com. Run "Legal Ad" in the Smithfield Herald on 12/23/15 and 12/30/15  350 E. Market Street P.O. Box 761 Smithfield, NC27577 919-934-2116 Fax 919-934-1134  35    36    Town of Smithfield Planning Department 350 East Market Street P.O. Box 761 Smithfield, NC27577 Phone: 919-934-2116 Fax: 919-934-1134  SMITHFED  NORTH CAROLINA  STAFF REPORT  Application Number: Project Name: TAXID number: Town Limits/ETJ: Applicant: Owners: Agents:  CUP-15-05 GrayCliff Enterprises LLC 15J08071 City GrayCliff Enterprises LLC The Winstead Building Inc. Partners Commercial Reality  Neighborhood Meeting:  none  PROJECT LOCATION: North side of Powell Street and approximately 240 feet east ofi its intersection  with Computer Drive.  REQUEST:  The applicant is requesting a conditional use permit to allow for one residential housing unit on property located within a B-3 (Business Highway Entrance) zoning district. The residential unit will be an accessory use to the existing contractor's  office.  SITE DATA: Acreage: Present Zoning: Proposed Zoning: Existing Use / Previous: DEVELOPMENT DATA:  1.46 acres B-3 (Business) N/A  Contractors Office with outdoor storage  Proposed Use: The applicant is requesting to use an existing building located on the southeast  corner of the property for temporary living quarters for on-site security and staff.  ENVIRONMENTAL: There are no environmental issues on the site that would prohibit the use of  the existing structure for residential purposes.  37    ADJACENT ZONING AND LAND USES:  North: South: East: West:  Zoning: Zoning: Zoning: Zoning:  LI (Light Industrial) B-3 (Business) R-10 (Residential) B-3( (Business)  Existing Use: Warehousing  Existing Use: Vacant/Office Building Existing Use: Undeveloped. /Wooded Existing Use: Vacant /Office Building  STAFF ANALYSIS AND COMMENTARY: The property is home of Graycliff Enterprises LLC whose primary business is in support of the cable industry through the installation of fiber optic cable throughout the area. The property has a large storage yard in the rear and two structures with parking in the front of the site. The applicant is seeking a conditional use permit to allow for the smaller of the two office buildings to be used for housing quarters for security and staff. Residential uses are permitted within the B-3 (Business) zoning district providing that a conditional use permit is issued by  Town Council.  Consistency with the Strategic Growth Plan  A single residential housing unit is not consistent with the recommendations of the Comprehensive Growth Management Plan which calls for office and institutional uses and high density residential uses near the intersection of Powell Street and Computer Drive.  Consistency with the Unified Development Code  Residential housing units are a permitted use within the B-3 (Business) zoning district with a  valid conditional use permit.  Compatibility with Surrounding Land Uses  A residential housing unit at this location should not pose a compatibility issue with surrounding land uses providing the use is accessory to GrayCliff Enterprises LLC contractors and that upon such time that GrayCliff Enterprises LLC ceases to exist at this location, sO  shall the residential use.  Signs  The subject property will be permitted one monument sign adjacent to Powell Street as well as a wall sign on the Powell Street side of the building. No additional signs for the residential  component should be required.  38    OTHER: FIRE PROTECTION: SCHOOL IMPACTS:  The Town of Smithfield Fire Department will provide fire protection.  NA  PARKS AND RECREATION: NA ACCESS/STREETS:  140 feet of road frontage along Powell Street  WATERISEWER PROVIDER: Town of Smithfield  ELECTRIC PROVIDER:  Duke Progress Energy  Planning Board Recommendations:  The Planning Board, at its December 3, 2015 meeting, unanimously voted to recommend approval of conditional use permit request to allow GrayCliff Enterprises LLC to operate one residential unit for Town Council Action Requested: The Smithfield Town Council is requested to review the petition and make a decision in accordance with the finding of fact for a conditional use permit to allow for GrayCliff Enterprises LLC to operate one residential unit for the housing of on-site security and staff  the housing of on-site security and staff use only.  use only on property located within al B-3 (Business) zoning district.  39    40    Town of Smithfield  Conditional Use Permit Application Finding of Fact/Approval Criteria  Application Number: CUP-15-05 Name: GrayCliff Enterprises, Inc  Request: Applicant seeks a CUP for accessory residential unit for contractors office. The Smithfield Planning Board shall recommend and the Town Council of the Town of Smithfield shall decide the matter of this Conditional Use Permit Application by motion and vote on each of the following four findings of fact. Any motion to find against the application must be supported by statement of specific reasons or conclusions reached in support of the  motion.  1. Finding One of] Four: Circle One A. Approval:  Based on the evidence and testimony presented it is the finding of the Town Council that the application, ifa approved, will not materially endanger the public health or safety if located where proposed and developed according to the plans as submitted and  approved ori is approved with the following stated conditions.  The accessory residential unit will not materially endanger the public health safety or general welfare because the structure will meet all plans and specifications as required by Johnston County Building Inspections. Adequate infrastructure to include water, sewer, electric and on-site parking exists at the site.  B. Denial: (If denied, musti include facts supporting denial)  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, will materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved for the following stated reasons: (Applicant fails to meet the criteria for approval.) The proposed accessory residential unit will materially endanger the public health safety or general welfare because the mix of commercial and residential uses outside of a planned unit development or mixed use development can cause  compatibility issues with adjoining land uses.  CUP-15-05 Page 1 of5  41    Finding Two of Four:  Circle One A. Approval:  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, meets all required specifications and conforms to the standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinance or other applicable regulations or is approved with the The accessory residential unit conforms to the standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinance and  following additional stated conditions.  meets all zoningre regulations to include parking and landscaping.  B.  Denial: (lf denied, must include facts supporting denial)  Based on the evidence and testimony presented it is the finding of the Town Council that the application, fails to meet all required specifications or fails to conform to the standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinance or other applicable regulations in the following ways or for the The accessory residential unit does not conform to the standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinance because it is not within a planned unit development or mixed use  following reasons:  development.  CUP-15-05 Page 2 of5  42    3. Finding Three of Four: Circle One A. Approval:  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, will not substantially injure the value of adjoining or abutting property and will not be detrimental to the use or development of adjacent properties or other neighborhood uses or is approved with the following additional The proposed accessory residential unit will not adversely affect the use or any physical attribute of adjoining or abutting properties. The requested accessory use is adjacent to an existing residential zoning district and compatibility issues are  stated conditions.  unlikely.  B.  Denial: (If denied, mustinclude facts supporting denial)  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, will substantially injure the value of adjoining or abutting property and/or will be detrimental to the use or development of adjacent properties or other neighborhood uses in the following ways or for the following Itis unlikely that the proposed accessory residential unit will substantiallyinjure the value of adjoining or abutting properties and/or will be detrimental to the useor development of adjacent properties and should not be used for basis of denial.  reasons.  CUP-15-05 Page 3 of5  43    4. Finding Four of Four:  Circle One A. Approval:  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, would not adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development of the adjacent properties or is approved with the following additional  stated conditions.  The proposed accessory residential unit will not adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development given that it will occur only as an açcessory use to the principle use of contractor's office of GrayCliff Enterprises Inc.  B.  Denial: (If denied, must include facts supporting denial)  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, would adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development of the adjacent properties in the following ways or for the following stated  reasons: (Applicant fails to meet the criteria necessary for approval.)  The proposed accessory residential unit will adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development given that it will create a mix of uses on aproperty  that is not considered a mixed use development.  CUP-15-05 Page 4 of5  44    4. Once all findings have been decided one of the two following motions must be made: Motion to Approve: Based upon satisfactory compliance with the above four stated findings and fully contingent upon acceptance and compliance with all conditions as previously noted herein and with full incorporation of all statements and agreements entered into the record by the testimony of the applicant and applicant' 's representative Imove to recommend approval of  Conditional Use Permit Application # CUP-15-05  Motion to Deny: Based upon. failure to meet all of the above four stated findings and for reasons stated therein, I move to recommend denial of Conditional Use Permit Application #  CUP-15-05, for the following stated reason:  5. Record of Decision:  Based on a motion and majority vote of the Town of Smithfield Town Council  Conditional Use Permit Application Number CUP-15-05 is hereby:  recommended for approval upon acceptance and conformity with the following  conditions; or,  recommended for denial for the noted reasons.  Decision made this  day of  20 whilei in regular session.  M. Andy Moore, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  CUP-15-05 Page 50 of5  45    46    Planning Board Report for GrayCliff Enterprises,Inc  CUP-15-05  Public hearing held on December: 3, 2015 (Excerpt from draft minutes)  Mr. Helmer stated the applicant is requesting a conditional use permit to allow for one residential housing unit on property located within a B-3 (Business Highway Entrance) zoning district. The property considered for approval is located on the north side of Powell Street and approximately 240 feet east of its intersection with Computer Drive. The property is further Mr. Helmer stated the applicant is requesting to use an existing building on the property for residential purposes sO that on-site around the clock security of the storage yard can occur. There are no environmental issues on the site that would prohibit the use of the existing structure for residential purposes. The property is home of GrayCliff Enterprises LLC whose primary business isi in support of the cable industry through the installation of fiber optic cable throughout the area. The property has a large storage in the rear and two structures with parking in the front on the site. The applicant is seeking a conditional use permit to allow for the smaller of the two buildings to be used for the housing quarters for security and staff. Residential uses are permitted within the B-3 (Business) zoning district providing that a Mr. Helmer stated the proposed high rise business identification sign is consistent with the recommendations oft the Comprehensive Growth Management Plan which calls for commercial uses near the intersection of South Equity Drive and Outlet Center Drive. Residential housing units are a permitted use within the B-3 (Business) zoning district with a valid conditional use permit. A residential housing unit at this location should not pose a compatibility issue with surrounding land uses providing the use is accessory to GrayCliff Enterprises LLC contractors and that upon such time that GrayCliff Enterprises LLC ceases to exist at this location, sO shall the residential use. The subject property will be permitted one monument sign adjacent to Mr. Helmer stated the Town of Smithfield will provide fire protection as well as water and Mr. Helmer stated planning staff recommends approval of the conditional use permit to allow GrayCliff Enterprises LLC to operate one residential unit for the housing of on-site security and employees only. The Planning Board is requested to review the request for GrayCliff Enterprises LLC to operate one residential housing unit for the housing of on-site security and employees only and make a recommendation to the Town Council in accordance with the  identified as. Johnston County Tax ID# 15J08071.  conditional use permit isi issued by Town Council.  Powell Street as well as a wall sign on the Powell Street side of the building.  sewer services. Duke Energy Progress will provide electric.  finding of fact for a conditional use permit.  47    Steve Upton closed the public hearing.  Mr. Upton asked if anyone wanted to speak for or against the proposal. There were none. Stephen Upton made a motion, seconded by Jack Matthews, to move to the Finding of Fact. Article 13 Section 13-17 of the Town of Smithfield Unified Development Ordinance requires applications for a Conditional Use Permit to address the following findings. The burden of proof is on the applicant and failure to adequately address the findings may result in denial of the The Smithfield Planning Board shall recommend and the Town Council of the Town of Smithfield shall decide the matter of this Conditional Use Permit Application by motion and vote on each of the following four findings of fact. Any motion to find against the application must be supported by statement of specific reasons or conclusions reached in support of the  Unanimous.  application.  motion.  1. Based on the evidence and testimony presented it is the finding of the Planning Board that the application, if approved, will not materially endanger the public health or safety if located where proposed and developed according to the plans as submitted and approved or is approved with the following stated conditions. The accessory residential unit will not materially endanger the public health safety or general welfare because the structure will meet all plans and specifications as required by Johnston County Building Inspections. Adequate infrastructure to  include water, sewer, electricand on-site parking exists at the site.  2. Based on the evidence and testimony presented it is the finding of the Planning Board that the application, if approved, meets all required specifications and conforms to the standards and practices ofsound land use planning and the Town of Smithfield Unified Development Ordinance or other applicable regulations or is The accessory residential unit conforms to the standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinance and meets  approved with the following additional stated conditions.  allz zoningregulations to include parking and landscaping.  3. Based on the evidence and testimony presented it is the finding of the Planning Board that the application, if approved, will not substantially injure the value of adjoining or abutting property and will not be detrimental to the use or development of adjacent properties or other neighborhood uses or is approved with  the following additional stated conditions.  48    The proposed accessory residential unit will not adversely affect the use or any physical attribute of adjoining or abutting properties. The requested accessory usei is adiacent to an existing residential zoning district and compatibility issues are 4. Based on the evidence and testimony presented it is the finding of the Planning Board that the application, if approved, would not adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development of the adjacent properties or is approved with the The proposed accessory residential unit will not adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development given that it will occur only as an accessory use to the principle use  unlikely.  following additional stated conditions.  ofcontractor's office of GrayCliff Enterprises Inc.  All members stated true.  Based upon satisfactory compliance with the above stated four findings and fully contingent upon full incorporation of all statements entered into the record by the testimony of the  applicant and plantsrepresentatlve,  Stephen Upton made a motion, seconded by Daniel Sanders to recommend approval requesting a conditional use permit to allow GrayCliff Enterprises LLC to operate one residential unit for the housing of on-site security and employees only. Unanimous  Duly adopted this the 3rd day ofDecember 2015.  Steve Upton,P  Vice Chairman  ATTEST  GE  Planner  Ps  énior  49    50    Town of Smithfield Planning Department 350 E. Market St Smithfield, NC27577 Box 761, Smithfield, NC27577 Phone: 919-934-2116 Fax: 919-934-1134  P.O.  SMITHFEY  NORTH CAROLINA  CONDITIONAL USE PERMIT APPLICATION Pursuant to Article 13, of the Town of Smithfield Unified Development Ordinance, an owner of land within the jurisdiction of the Town (or a duly authorized agent) may petition the Town Council to allow a Conditional Use. Conditional Uses are uses that may be appropriate in a particular district, but has the Conditional Use Permit applications must be accompanied by nine (9). sets ofthe application, nine (9) sets of required plans, an Owner's Consent Form (attached) and the application fee. The application fee is  potential to create ncompatibilities with adjacent uses.  $300.00. Allfees are due when the application is submitted.  SITEINFORMATION.  Name ofl Project: GMyCIF Butecpnises Acreage of Property:  14OAL  Parcel IDI Number: 60408-79-2106  Tax] ID: 15J08071 Deed Page(s):  Deed Book: 3886 Address: 610 A Powell St Location: Smithfield NC 27577  37  located approximately 1/2 mile from Business 70  Existing Use: Trade contractor with outdoor storage Proposed Use: overnight guests/apartments for employees  Existing Zoning District: B-3 Requested Zoning District B-3CU Isp project within a Planned Development: Planned Development District (if: applicable): Is project within an Overlay District: Overlay District (ifapplicable): FOR OFFICE USE ONLY  Yes V No  V No  Yes  File Number: C12215-05 Date Received: 4AlE  Amount Paid: #zoge  Page 1 of5  11/2012  51    OWNER INFORMATIONE Name: The Winstead Building Phone Number: 919-585-5321 Email Address:  clo frchen Commarialll6  Mailing Address: POI Box 1960, Smithfield, NC: 27577-1960  Fax: 919-585-5321  -ap--caLa  APPLICANT INFORMATIONE Applicant: GrayCliff Enterprises Inc Phone Number: 910-632-3948 Contact Person: Tom Moyer Email Address: tmoyer@graydllent.com  Mailing Address: 3300E Battleground Ave. Ste 100, Greensboro, NC27410  Fax: 910-399-3380  REQUIRIDPLANSANDSUPPLEMDNTAL INFORMATION  Thej following items must accompany a Conditional Use Permit application. This information is required to  be present on all plans, except where otherwise noted:  All required plans (please see the plan requirements checklist). A signed and sealed traffic impact analysis. Verification of wastewater allocation (granted or requested).  Driveway permits (Town of Smithfield or NCDOT encroachment with associated documentation).  JOther applicable documentation: STATEMENT OB, JUSTIRICADION  Please provide detailed information concerning all requests. Attach additional. sheets if necessary. We are requesting thate existing building of6 610APowell Street be allowedt to be used as an apartment for overnight guests/securilty.  Page2of5  11/2012  52    REQUIREDI FINDINGSOFFACT  Article 13, Section 13-17ofthe Town of Smithfield Unified Development Ordinance requires applications for a Conditional Use Permit to address the following. findings. The burden ofproof is on the applicant and failure to adequately address the findings may result in denial of the application. Please attach 1. That the use will not materially endanger the public health, safety, or general welfare if located where proposed and developed according to the plan as submitted and approved; Thep proposedr request for conditional use will note endanger thep publich health, safety, or general welfare for ther reasont thatt the changei inu use isf for ane existing structure currently: zoned B-3. The requesti isf for the function oft the building; known as 610A Al Powell St, tos servea as  additional, pages if necessary.  ar residence fore employees ass security as well as ana apartment.  2. That the use meets all required conditions and specifications; construction ofv walls, installation ofas shower andt the demolition of2€ existing) walls.  The proposed use will meet all required conditions and specifications ina accordance with the current building codes fort thei interior  3. That the use will not adversely affect the use or any physical attribute of adjoining or abutting The portion oft the property considered fora a conditional use permiti is located at6 610 AF Powell, adjacent tot the residence of 600 Powell Sty with ane existing tree barrier. The remainder oft thep property at6 610 Powell Stv willr remain as business. The proposed  property, or that the use is aj public necessity; and  construction changes tot the existing facility will only effectt the interior oft the structure.  4. That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is tol be located. The conditional use shall demonstrate conformance to the Land Use Plan or other plan in effect at the time and address Improvements tot the existing facility are Noti inap public area, the buildingi is currently noti in use awaiting the approval oft the conditional usep permit for ther remodel oft the bathroom. Allr remodel work willl be done tor meet building codes.  impacts of the project as required by GS 160A-382(b).  Page3ofs  11/2012  53    APPLICANT AFFIDAVIT  IWe, the undersigned, do hereby make application and petition to the Town Council of the Town of Smithfield to approve the subject Conditional Use Permit. Ihereby certify that I have full legal right to request such action and that the statements or information made in any paper or plans submitted herewith are true and correct to the best of my knowledge. I understand this application, related material and all attachments become official records of the Planning Department oft the Town ofs Smithfield, North Carolina,  andi will not be returned. Tom Moyer Printl Name  ul/s Date  Sgiince ofApicant  Page 4 of5  11/2012  54    Town of Smithfield Planning Department Smithfield, NC27577 Phone: 919-934-2116 Fax: 919-934-1134  350 E. Market St  PED NORTH CAROLINA  P.O. Box 761, Smithfield, NC27577  OWNER'S CONSENT FORM  Name of] Project: CUR-15-05 OWNERS AUTHORIZATION  Submittal Date: w45  Ihereby give CONSENT to GrayCliff Enterprises Inc  (type, stamp or print  clearly full name of agent) to act on my behalf, to submit or have submitted this application and all required material and documents, and to attend and represent me at all meetings and public hearings pertaining to the application(s) indicated above. Furthermore, I hereby give consent to the party designated above to agree to all terms and conditions which may arise as part of the approval of this Ihereby certify I have full knowledge the property I have an ownership interest in the subject of this application. I understand that any false, inaccurate or incomplete information provided by me or my agent will result in the denial, revocation or administrative withdrawal of this application, request, approval or permits. I acknowledge that additional information may be required to process this application. If further consent to the Town of Smithfield to publish, copy or reproduce any copyrighted document submitted as a part of this application for any third party. I further agree to all terms and  application.  conditions, which may bei imposed as part oft the approval oft this application. 00 STEPHEN C. WOODARD, 5  Signature of Owner  Print Name  Date 4zE  CDRTIPICATION OF APPLICANT AND/OR PROPERTY OWNER  Ihereby certify the statements or information made in any paper or plans submitted herewith are true and correct to the best of my knowledge. I understand this application, related material and all attachments become official records of the Planning Department of the Town of Smithfield, North  Carolina, and will not be returned. Signature of Dwher/Applicant  Tom Moyer Print Name  u/6/s Date  FOR OFFICEUSDONLY  168408- 97-  File Number: CU7-15-05 Date Received: m6/15  Parcel IDI Number: 2166  Page 5of5  11/2012  55    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  350 E. Market St Smithfield, NC27577 P.O. Box 761, Smithfield, NC27577  MIHREUT NORTH CAROLINA  CONDITIONAL USE PERMIT APPLICALION Pursuant to Article 13, ofthe Town of Smithfield Unified Development Ordinance, an owner of land within the jurisdiction of the Town (or a duly authorized agent) may petition the Town Council to allow a Conditional Use. Conditional Uses are uses that may be appropriate in a particular district, but has the Conditional Use Permit applications must be accompanied by nine (9) sets of the application, nine (9). sets of required plans, an Owner's Consent Form (attached) and the application fee. The upplication fee is  potential to create incompatibilittes with adjacent uses.  $300.00. Allfees are due when the application is submitted.  SITE INFORMATIONE  Name of Project: Grayalf Berpnises Acreage of Property:  L4AL  Parcel ID Number: 60408-9-2106  Tax ID: 15J08071 Deed Page(s):  Deed Book: 3886 Address: 610 A Powell St Location: Smithfield NC 27577  37  located approximately 1/2 mile from Business 70  Existing Use: Trade contractor with outdoor storage Proposed Use: overnight guestslapartments for employees  Existing Zoning District: B-3 Requested Zoning District B-3CU Is project within a Planned Development: Planned Development District (ifapplicable): Is project within an Overlay District: Overlay District (ifapplicable): FOROFFICD USEONLY  Yes  No  Yes  V No  File Number: 215-05 Date Received: We/s  Amount Paid: #zee  Page 1 of5  11/2012  56    OWAERINEOAMATION  Nane: The) Winstead Building clohhen Cowmernel RaE  Mailing Adldress: PO Box 1960, Smithfield, NC: 27577-1960  PhoneNumber: 919-585-5321 Email Address:  Fax: 919-585-5321  -epcLo  APPLICANT INFORMATIONE Applicant: GrayCliff Enterprises Inc Phone Number: 910-632-3948 Contact Person: Tom Moyer Email Address: moyer@grayalient.com  Mailing Address: 3300E Baltleground. Ave. Ste 100, Greensboro, NC: 27410  Fax: 910-399-3380  RCQUIRDDIIANSANDSUPDLDMENTAL NFORMATION  The following items must accompany a Conditional Use Permit application. This information is required to  be present on all plans, except where otherwise noted:  Alli required plans (please see the plan requirements checklist). A signed and sealed traffic impact analysis. Verification of wastewater allocation (granted or requested).  Driveway permits (Town of Smithfield or NCDOTe encroachment with asoclatldocimemalon.  Other applicable documentation: STATIMENTOR: JUSTIRICATION  Please provide detailed information concerning all requests. Attach additional. sheets if necessary. We are requesting thate existing building of6 610 AF Powell Street be allowed to be used as an apartment for overnight guesis/securily.  Page 2of5  11/2012  57    MEOUIRADHNDINGSOF: FACT  Article 13, Section 13-17ofthe Town ofSmithfield Unified. Development Ordinance requires applications for a Conditional Use Permit to address the following. findings. The burden ofproof is on the applicant and failure to adequately address the findings may result in denial of the application. Please attach 1.7 That the use will not materially endanger the public health, safety, or general welfare ifl located where proposed and developed according to the plan as submitted and approved; Thep proposed request for conditional usey will note endanger the public! health, safety, or general welfare fort ther reasont that the changei in use isf for ane exisling structure currently; zoned B-3.7 The requesti is for thef function oft the building; known as 610 AI Powell St, tos serve as  additional pages yfnecessary.  aresidence for employees as security as well as ana apartment.  2. That the use meets all required conditions and specifications; construction ofv walls, installation ofas shower andt the demolition of 26 existing walls.  The proposed use will meet all required conditions ands specifications ina accordance with the current building codesf for thei interior.  3. That the use will not adversely affect the use or any physical attribute of adjoining or abutting The portion ofthe properly considered for a conditional use permit isl locateda at6 610 AI Powell, adjacent tot the residence of 600 Powell Stwith ane existing tree barrier. The remainder of the property at 610 Powell Stv will remain as business. The proposed  property, or that the use is a public necessity; and  construction changes tot the existing facility will onlye effect! thei interior oft the struclure.  4. That the location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it is to be located, The conditional use shall demonstrate conformance to the Land Use Plan or other plan in effect at the time and address Improvements tol thee existing facility arel Noti ina a public area, the buildingi is currently noti inu use awaiting the approval oft the conditional use permit for the remodel oft thel bathroom. Allr remodelv work will be done tor meet building codes.  impacts oft the project as required by GS 160A-382(b).  Page 3 of5  11/2012  58    APPDICANI  yI  IWe, the undersigned, do hereby make application and petition to the Town Council of the Town of Smithfield to approve the subject Conditional Use Permit. I hereby certify that I have full legal right to request such action and that the. statements o1 information made in any paper or plans submitted herewith are true and correct to the best of my knowledge. I understand this application, related material and all attachments become official records of the Planning Department oft the Town of Smithfield, North Carolind,  and will not be returned. Tom Moyer Print Name  ull6l6 Date    Page 4 of5  11/2012  59    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  SMTHPR! NORTH CAROLINA  350 E. Market St Smithfield, NC27577 P.O. Box 761, Smithfield, NC27577  OWNERS CONSENT FORM  Name of Project: CUR-15-05 OWNIRS; AUTHORIZATION  Submittal Date: 4As  Ihereby give CONSENT to GrayCliff Enterprises Inc  (type, stamp or print  clearly full name of agent) to act on my behalf, to submit or have submitted this application and all required material and documents, and to attend and represent me at all meetings and public hearings pertaining to the application(s) indicated above. Furthermore, I hereby give consent to the party designated above to agree to all terms and conditions which may arise as part of the approval of this Ihereby certify I have full knowledge the property I have an ownership interest in the subject of this application. I understand that any false, inaccurate or incomplete information provided by me or my agent will result in the denial, revocation or administrative withdrawal of this application, request, approval or permits. I acknowledge that additional information may be required to process this application. 1 further consent to the Town of Smithfield to publish, copy or reproduce any copyrighted document submitted as a part of this application for any third party. I further agree to all terms and  application.  conditions, which may bei imposedas part oft the approval of this application.  22009 Signature of Owner  STEPHEN CDOGDARD, 5  Print Name  lc  CERIIEICATIONOE APPLICANT AND/ORPROPDRIYOWNDR  Ihereby certify the statements or information made in any paper or plans submitted herewith are true and correct to the best of my knowledge. I understand this application, related material and all attachments become official records of the Planning Department of the Town of Smithfield, North  Carolina, and will not be returned. Signatured offuher/Applicant  Tom Moyer Print Name  1/6/5 Date  EOROFRICDUSDA ONLY  16eH08-97-  Filel Number: CV-15-05 Date Received: ml/i5  Parcel IDI Number: 2/06  Page 5 of5  11/2012  60    208  207  L-I  R-20A  203  312 R-10)  612 B-3  610  600  06  POWEA  B-3  1E 104 B-3  312  509  R-10  507  08  308  306 N  304  Vicinity Map for: CUP-15-05 Applicant:  Map Created by The Town of Smithfield Geographic Infarmation Services  Feet 160  GrayCliff Enterprises, Inc.  40 80    62    at - NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  ADJOINING PROPERTY OWNERS CERTIFICATION  I,M Mark E. Helmer, hereby certify that the property owner and adjacent property owners ofthe following petition, CUP-15-05, were notified by First Class Mail on  12-18-15.  ELERA  Johnston County, North Carolina  I, Veronica Hardaway, Notary Public for Johnston County and State of North Carolina do hereby certify that Mark E. Helmer personally appeared before me on this day and acknowledged the due execution of the foregoing instrument. Witness my hand and official  seal, this the  D9h dyerrcembecans  Jumuca Notary Public Signature Depsica - Notary Public Name  oudzway  Machung  My Commission expires on 1-448  (Seal) ACA N NOTARY 7 PUBLIC RRAES  350 E. Market Street P.O. Box 761 Smithfield, NC 27577 919-934-2116 Fax919934-1134  63    SE NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  Notice Of Public Hearings  Notice is hereby given that public hearings will be held before the Town Council of the Town of Smithfield, N.C., on Tuesday, January 5, 2016 at 7:00 P.M., at the Town Hall Council Chamber located at 350 East Market Street to consider the following requests: CUP-15-04 Triangle Marketing Associates, Inc: The applicant is requesting a conditional use permit to allow for the construction and operation ofa 30 foot radio antenna with studio on property located within an LI (Light Industrial) zoning district. The property considered for approval is located on the east side of Airport Industrial Drive and approximately 450 feet north of its intersection with Swift Creek Road. The property is further identified as Johnston County Tax ID# 15J08017F. CUP-15-05 GrayCliff Enterprises, Inc: The applicant is requesting a conditional use permit to allow for one residential housing unit. on property located within a B-3 (Business Highway Entrance) zoning district. The property considered for approval is located on the north side of Powell Street and approximately 240 feet east of its intersection with Computer Drive. The property is further identified as Johnston County  Tax ID# 15J08071.  All interested persons are encouraged to attend. To accommodate disabilities and to comply with ADA regulations, please contact the town office if you need assistance. Further inquiries regarding this matter may be directed to the Smithfield Planning  Department at (919)934-2116 or online at www.smtatele-ne.com. Run "Legal Ad" in the Smithfield Herald on 12/23/15 and 12/30/15  3501 E. Market Street P.O. Box 761 Smithfield, NC27577 919-934-2116 Fax 919-934-1134  64    OE NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  Notice Of Public Hearings  Notice is hereby given that public hearings will be held before the Town Council of the Town of Smithfield, N.C., on Tuesday, January 5, 2016 at 7:00 P.M., at the Town Hall Council Chamber located at 350 East Market Street to consider the following requests: CUP-15-04 Triangle Marketing Associates, Inc: The applicant is requesting a conditional use permit to allow for the construction and operation ofa 30 foot radio antenna with studio on property located within an LI (Light Industrial) zoning district. The property considered for approval is located on the east side of Airport Industrial Drive and approximately 450 feet north of its intersection with Swift Creek Road. The property is further identified as Johnston County Tax ID# 15J08017F. CUP-15-05 GrayCliff Enterprises, Inc: The applicant is requesting a conditional use permit to allow for one residential housing unit on property located within a B-3 (Business Highway Entrance) zoning district. The property considered for approval is located on the north side of Powell Street and approximately 240 feet east of its intersection with Computer Drive. The property is further identified as Johnston County  Tax ID# 15J08071.  You have been identified as a property owner in the area specified above and are being advised of this meeting as you may have interest in this matter. You are welcome to attend; however, you are not required to in order for the Board to act on this request. Additional information may be obtained by contacting the Town of Smithfield Planning  Department at 919-934-2116.  3501 E. Market Street P.O. Box 761 Smithfield, NC:27577 919-934-2116 Fax 919-934-1134  65    66    Consent Agenda Items        The Smithfield Town Council met in regular session on Tuesday, December 1,2 2015 at 7:00 p.m. in the Council  Chambers of the Smithfield Town Hall. Mayor John H. Lampe H. presided.  Councilmen Present: J.I Perry Harris, District2 Travis Scott, District3 3 Roger A. Wood, District 4 Emery D. Ashley, At-Large Charles A. Williams, At-Large JohnA. Dunn, Councilman Elect Stephen Rabil, Councilman Elect  Councilmen. Absent  Administrative Staff Present Jim Freeman, Interim Town Manager John Blanton, Interim Fire Chief Lenny Branch, Public' Works Director Pete Connet, Interim Public Utilities Director Paul Embler, Planning Director Gary Johnson, Parks & Rec Director Tim Kerigan, Human Resources/PIO Michael Scott, Chief of Police Greg Siler, Finance Director Shannan' Williams, Town Clerk  M. Andy Moore, Mayor Pro-Tem Marlon Lee, District 1  Present:  Staff Absent:  Bob Spence, Town Attorney  The invocation was given by Councilman Scott followed by the Pledge of Allegiance.  APPROVAL OF AGENDA:  Councilman Williams made a motion, seconded by Mayor Pro-Tem Moore, to add to the consent agenda: To allow the Town Manager the ability to negotiate and execute an agreement with Verizon Wireless to add a generator at the cell tower site located at 111 South Fourth Street. Unanimously Mayor Pro-Tem Moore made a motion, seconded by Councilman Scott, to approve the agenda as  approved.  amended. Unanimously approved.  OLD BUSINESS: PRESENTATION:  1. FY2014-1 2015Audit  Finance Director Greg Siler presented the FY2014-2 2015 audit to the Council.  Acopy of the FY2014-2015. Audit is on file in the office of the Town Clerk  PUBLIC HEARING:  1. Rezoning Request by Steven H. Gower (RZ-15-05)  Mayor Pro-Tem Moore made a motion, seconded by Councilman Ashley, to open the Public  Hearing. Unanimously approved.  Planning Director Paul Embler addressed the Council on a request by Steven H. Gower. Mr. Embler stated that the applicant was requesting to rezone approximately 47.78 acres of land from the R-20A Resicenta-Agncutura) zoning district and the B-3 (Highway Entrance Business). zoning district to the LI (Light Industrial) zoning district. The property considered for rezoning is located on the east side ofUS70 Highway Business West and approximately 220 feet north of its intersection with Cloverdale Drive. The property is further identifies as Johnston County Tax ID# 17J08004. Mr. Embler explained that the property considered for rezoning is currently being used for agricultural endeavors. The property contains 1 residential structure and 2 accessory structures which are located on the northeast side of the property.  67    The eastern most property boundary is the approximate centerline of Little Poplar Creek. The 110 lot residential subdivision of Whitley Height is adjacent to and south of the property considered for rezoning. The 62 lot residential subdivision of Wedgewood is not adjacent to the property proposed for rezoning but isin close proximity and located to northeast and just across Little Poplar Creek. Adjacent to and north of the property considered for rezoning is an existing LI (Light Industrial) zoning district which is approximately 45 acres in area. Existing tenants include North American Van Lines located in a 70 thousand square foot facility and Technion Studio located in a 55 square foot facility. Other Light Industrial parks in the area include an unnamed facility that is the home of OPW Containment and Airport Industrial Park located off Swift creek Road and adjacent to the airport. All of these facilities are located within the Planning Director Paul Embler has incorporated his entire record and provided it to Council in written form The Planning Board, at its October 1, 2015 meeting, unanimously voted to continue the public hearing until its November 5, 2015 meeting. The Planning Board, at its November 5, 2015 meeting, unanimously voted to recommend approval oft the proposed rezoning of approximately 47.78 acres of land from the R- 20A Resicenta-Agrcutura) zoning district and the B-3 (Highway Entrance Business) zoning district to The Planning Department recommends approval of the request to rezone approximately 47.78 acres of land from the R-20A Residenta-Agricutural) zoning district and the B-3 (Highway Entrance Business) Mayor Lampe asked if there were any questions/from those in the audience that had been duly sworn to  Town of Smithfield Planning and Zoning Jurisdiction. int the December 1, 2015 agenda packet.  the LI (Light Industrial) zoning district.  zoning district tot thel LI (Light Industrial) zoning district.  testify. There were none.  Mayor Lampe askedi ift there were any questions from Council.  Councilman Ashley questioned if any of the adjacent property owners had expressed any concerns. Mr. Embler responded that the Planning Department did not receive any feedback from any of the adjacent  property owners.  Mayor Pro-Tem Moore made a motion, seconded by Councilman Harris, to close the Public  Hearing. Unanimously approved.  The Written Finding of Facts  Article 13 Section 13-17 of the Town of Smithfield Unified Development Ordinance requires all applications for a zoning map amendment to address the following eight findings. At its December 1, 2015 regular meeting, the Town Council determined that the zoning map amendment is warranted. Councilman Ashley made a motion, seconded by Councilman Williams, to vote in agreement  with all of the below eight stated Finding of Fact. Unanimously approved.  Finding One of Eight:  The: zoning petition is in compliance with all applicable plans and policies of the Agree: The rezoning request from the low density residential zoning district to a light  Town of Smithfield.  industrial zoning district is not consistent with the recommendations of the Future Land Use Plan which calls for low density residential uses. However, expanding the existing light industrial zoning district to the subject property will create opportunities  for future job growth in the area.  68    Finding Two of Eight  The rezoning petition is compatible with established neighborhood patterns of the Agree: The rezoning petition is compatible with established neighborhood patterns of the surrounding area. This area contains some of the most productive industrial properties located within the Town of Smithfield Planning and Zoning Jurisdiction.  surrounding area.  Finding Three of Eight  The rezoning petition is compatible with the changing neighborhood conditions that Agree: The rezoning request from the low density residential and highway entrance business zoning districts to a light industrial zoning district is consistent with historical trends suggesting that some industrial and manufacturing facilities prefer to be located in  mightwarrant: a rezoning.  close proximity to Johnston County Airport.  Finding Four of Eight  The rezoning request is in the community interest.  Agree: The rezoning will allow for a wider range of commercial and light industrial uses and provide additional area for consideration of large scale manufacturing uses and developments. Any development that will occur from the rezoning will increase the tax  base as an additional benefit.  Finding Five of Eight  The request does not constitute "Spot Zoning"  Agree: It is unlikely an argument could be made for "spot zoning" or "small scale" since the rezoning will be expanding on an already existing lighti industrial zoning district.  Finding Six of Eight  Present regulations deny or restrict the economic use of the property. Agree: The property is currently: zoned for residential and agricultural uses. Additional manufacturing and industrial uses such as those permitted in the! lighti industrial  zoning district cannot occur unless the property is rezoned.  Finding Seven of Eight  The availability of public services allows consideration of this rezoning request. Agree: In addition to public water and sewer being available to the site, the property is served with electricity by Duke Energy. CenturyLink and Time Warner also serve the area  with phone and cable respectively.  Finding Eighto ofE Eight  Physical characteristics of the site prohibit development under present regulations. Agree: There are no physical restraints to the area considered for rezoning such as wetlands, stream buffers, potential flood hazard areas and storm water that would outright  69    prohibit development of the property. There is no limiting geological and hydrological formation that would prohibit development (rock outcrops, lakes, etc.).  Rezoning Permit Approval  Councilman Ashley made a motion, seconded by Mayor Pro-Tem Moore, based upon satisfactory compliance with the above stated eight findings and fully contingent upon full incorporation of all statements entered into the record by the testimony of the applicant and applicant's representative,  move to approve the Rezoning Petition RZ-15-05. Unanimously approved.  CITIZENS' COMMENTS:  Mr. V.R. Phipps addressed the Council on his request to purchase the Old' Water Treatment Plant. He offered the Town a check in the amount of $8100 for removal of the asbestos in the facility. He asked that the Town consider allowing him to rent the facility for one year to allow for reconstruction of the building. He also asked that the Council reconsider the decision that was made to demolition the building. Mayor Lampe responded that he appreciated Mr. Phipps' desire to restore the Old' Water Treatment Plant, but the Council had made a  decision to demolition it and they must move forward with that decision.  CONSENT AGENDA:  Mayor Pro-Tem Moore made a motion, seconded by Councilman Harris, to approve the following items as  listed on the Consent Agenda: 1. Approval of Minutes:  November 10, 2015- Regular Meeting November 10, 2015 -C Closed Session  2. Career Ladder Promotion = Police Department. The Police Department gained approval to 3. Promotion - Fire Department. The Fire Department gained approval to promote a Firefighter II to 4. Approval to allow the Interim Town Manager to negotiate and execute and agreement with Verizon' Wireless to allow' Verizon to install a generator at the cell tower site located at 111 South  promote one police officer from the rank of Police Officerlto Police Officer II.  the rank of Fire Engineer. Fourth Street. Unanimously approved. NEW BUSINESS ITEMS: ORGANIZATIONAL MEETING  Pursuant to NCGS 160A-68, the Smithfield Governing Body is scheduled to conduct an organizational  meeting. 1. Oaths of Office  a. The Honorable Senior Resident Superior Court Judge, Thomas H. Lock administered the Oath of Office to newly elected Mayor M. Andy Moore b. Thel Honorable Retired District Court Judge, T. Yates Dobson, Jr. administered the Oath of Office toi incumbent. At Large Councilman Emery Ashley  70    C. The Honorable Senior Resident Superior Court Judge, Thomas H. Lock administered the Oath of Office to newly elected At Large Councilman John A. d. Thel Honorable Retired District Court. Judge, T. Yates Dobson, Jr. administered the Oath of Office to incumbentAtLarge Councilman Stephen Rabil.  Dunn.  2. Presentations  a. To outgoing Councilman Charles Williams service to the Town of Smithfield.  Mayor Lampe presented to Councilman Charles A. Williams a Proclamation in honor of his  PROCLAMATION  In Honor of Councilman Charles A. Williams' Service to the Town of Smithfleld WHEREAS, Charles Williams has served as a member of the Smithfield Town Council since WHEREAS, Charles Williams' dedicated service to the citizens of the Town of Smithfield WHEREAS, through the performance of his duties and responsibilities as a member of the Town Council, Charles Williams has made excellent and constructive contributions for the WHEREAS, Charles Williams was unique in his sensitivity for doing what was best for the entire community, and he had courage in expressing his convictions and a special way of WHEREAS, the Town of Smithfield has been fortunate to have had the services of Charles NOW, THEREFORE, 1, John H. Lampe I, Mayor of the Town of Smithfield along with the members of the Town Council, express our sincere appreciation to Charles A. Williams for his  December 2011; and  deserves special recognition; and betterment of the community; and dealing with complex issues; and  Williams who has rendered good) judgment fort the Town; and  distinguished. service to the Town of Smithfield. b. Too outgoing Mayor John H. Lampe II  Mayor Andy Moore presented to Mayor Lampe a Proclamation in honor of his service to the  Town of Smithfield.  PROCLAMATION  In Honor of Mayor. John H. Lampe's Service to the Town of Smithtleld WHEREAS, John H. Lampe I has served as Mayor of Smithfield since December 2011 and WHEREAS, John H. Lampe II was an average to ok Mayor that was able to bring the WHEREAS, the Town of Smithfield is grateful to John H. Lampe H. for his creative leadership  chose not to seek reelection; and  members of the Council together to resolve issues; and and his concern for the public schools in Smithfield.  71    NOW, THEREFORE, 1A M. Andy Moore Mayor Pro-Tem of the Town of Smithfield along with the members of the Town Council, express our sincere appreciation to MayorJohn H. Lampe  Ilf for his service to the citizens of Smithfield.  3. Election of the Mayor Pro-Tempore  Pursuant to NCGS 160A-70, the new Board is to elect al Mayor Pro-Tem amongsti its members. Councilman Harris made ar motion, seconded by Councilman Wood, to elect Councilman Emery Ashley to serve as Mayor Pro-Tem for at two year term. Unanimously approved.  2016 Meeting Schedule  Pursuant to NCGS 160A-71 and Town of Smithfield Code of Ordinances Article II Section 2-46, the  governing bodyi is to adopt a meeting schedule.  Councilman Harris made a motion, seconded by Mayor Pro-Tem Ashley, to adopt the 2016  regular meeting schedule as follows: Tuesday, January 5th Tuesday, February 2nd Tuesday, March 1st Tuesday, April 5th Tuesday, May 3rd Tuesday, June 7th Tuesday, July 5th Tuesday, August 2nd Tuesday, September 6th Tuesday, October 4th Tuesday, November 1st Tuesday, December 6th  Unanimously approved. Councilmembers Comments:  Mayor Pro-Tem Ashley expressed his appreciation to Councilman Williams and Mayor Lampe for their Councilman Scott expressed his appreciation to Councilman Williams and Mayor Lampe for their Mayor Moore echoed the comments of the other members of Council. He expressed his appreciation to! his family for their support and stated that he would always do what he felt was in the best interest  service to the Town of Smithfield service to the Town of Smithfield. oft the Town of Smithfield. Town Manager's Report:  Department Reports Manager's Updates  Ahighlight of each department's monthly activities was given to the Council.  Interim Town Manager Jim Freeman discussed the following with the Town Council.  72    Mr. Freeman expressed his appreciation to Mayor Pro-Tem Ashley and Councilman Scott on Mr. Freeman explained that the Council should consider reviewing, in the near future, the  their assistance with the Library Memorandum of Agreement. Town Manager applications that have been received  Adjourn  There being no further business, Mayor Pro-Tem Ashley made a motion, seconded by Councilman Harris to  adjourn. Unanimously approved.  The meeting adjourned at approximately 8:15 pm.  M.A Andy Moore, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  73    74    The Smithfield" Town Council met in special session on Tuesday, December 8, 2015 at 7:00 p.m. in the Council  Chambers oft the Smithfield Town Hall. Mayor M. Andy Moore presided. Emery D. Ashley, Mayor Pro-Tem Marlon Lee, District1  Councilmen Present: J.F Perry Harris, District2 Travis Scott, District3 John A. Dunn, At-Large Stephen Rabil, At-Large  Councilmen, Absent  Administrative Staff Present Jim Freeman, Interim Town Manager Lenny Branch, Public' Works Director Pete Connet, Interim Public Utilities Director Paul Embler, Planning Director Gary Johnson, Parks & Rec Director Tim Kerigan, Human Resources/PIO Michael Scott, Chief of Police Greg Siler, Finance Director Shannan Williams, Town Clerk  Roger A. Wood, District 4 John Blanton, Interim Fire Chief  APPROVAL OF AGENDA:  Councilman Harris made a motion, seconded by Councilman Scott, to approve the agenda as  submitted. Unanimously approved.  CONSENT AGENDA:  Councilman Harris made a motion, seconded by Councilman Rabil, to approve the following items as 1. Bid award and purchase approval of a 2016 Ford F150 service truck from Deacon Jones Auto Group to be utilized by the Public' Works Sanitation Division in the amount of $27,038.00. This is a  listed on the Consent Agenda:  FY 2015-2016 budget items:  Bids were solicited from the following vendors: Deacon Jones Auto Group Capital Ford Inc. Kenly Ford Inc.  $27,038.00 $29,603.00 $31,159.00  2. Career Ladder and reclassification for Public Utilities Water/Sewer Department. The Pump Station Mechanic is currently included in the approved Pay Plan at Pay Grade 12.  Approved classification additions:  Pay Grade 10:Pump Station Mechanic Trainee (little to no experience)  Pay Grade 13:Pump Station Mechanic II  3. Approved proceeding with bidding the additional transformer at the Brogden Road Substation  when Plans and Specs are completed. 4. Approved FY 2015-2016 Budget Amendments  GENERALI FUND 1. Expenditures  BEFORE  ADJ. $ $  AFTER $ 252,834 335,326 $ 588,160  10-4110-5711 Nom-DepartmentalPubic Library $ 250,000  2,834 (2,834)  10-9990-5300 General Fund Contingency  338,160 588.160  75    To fund 1/30 oft the library'sHVAC compressor repair as approved ati the November 10, 2015 council meeting  2. Revenue  10-3560-0006 SRAC Vending 10-3541-0001 Recreation/Pepsi Sponsorship  $ 2,100 10,300 $ 12,400  $ (2,100) 2,100 $  $  12,400 12,400  To move: SRAC vending budget to Pepsi sponsorship as they are one in the same  3. Revenue Inc. Reimb.  10-3900-1101 Cemetery - Riverside Lot Sales 10-5500-3201 General Services - Riverside Ext. To fund Riverside Ext. lot sales and reimbursements 10-4110-5710 Non-Departmental Chamber 10-4110-5717 on-DepartmentanweD Design  $  $ 20,000 20,000  $ 20.000 20,000  4. Expenditures Marketing Initiative and Maintenance  $ 40,000 $ 40,000  $ $  (8,000) 8,000  $ 32,000 8,000 $ 40,000  To fund Town of Smithfield new web desgr/maintenance with chamber marketing initiative funds as approved  by council 5. Expenditures Settlements  10-4110-5503 Non-Deparmenta/Msc- 10-9990-5300 General Fund Contingency  $ 335,326 $ 335.326  $ $  5,976 (5,976)  $  5,976 329,350 335.326  To fund Town VS Partner's Equity condemnation settiement. File #11CVS4181  6. Revenue  10-3700-0000 Gen. Fund Miscellaneous Revenue $ 10-5100-3300 Police - Supples/Operations  8,000 75.710  $  825 825  $  8.825 76,535  Toi increase police operations budget equal to the amount of auction proceeds as all remaining proceeds  after expenses are turned over to the local school system  WATERISEWER FUND 7. Expenditures Contingency Asbestos Removal  30-9990-5300 Water/Sewer Distribution- 30-7200-3502 Water Plant. Bldg Demo and  $ 270,709  $ (72,300) 72,300  $ 198,409 72,300  76    $ 270.709  $  $ 270,709  To establish and fund the old water plant demolition and asbestos removal as approved at the  November 10, 2015, council meeting. Capital Projects -Water/Sewer Fund (Fund 45) 45-7220-7412181E. Smithfield 45-7220-74131815. .&W. Smithfield  8. Expenditures  $ 100,000 800,000 $ 900,000  $ (100,000) 100,000 $  $ 900,000 $ 900,000  To combine twol 1&1 Iprojects into one at the Utility Director's request as invoices will come as one project.  Also to change the name on 45-72074310181ES & W. Smithfield Approved by the Smithfield Town Council this the 8th day of December,  2015  5. Approval top pay off two high interest USDA Loans totaling $479,832 utilizing general fund balance.  Description EMS Bldg #1 Downtown Revitalization (Streetscape)  Original Loan Amount  Interest Original Loan  Maturity Annual Date  12/15/2015 Pay Off 259,508 220,325  Rate  Term  Date  Payment  300,000.00 4.130% 30 250,000.00 4.375% 30  03/08/07 03/08/37 17,616 12/07/06 12/07/36 15,125  6. The Parks and Recreation Department gained approval to solicit bids for the construction of the Inclusion Playground and Miracle League Field at the Smithfield Community Park. 7. Approvai of a Memorandum of Understanding between the Public Library of. Johnston County and Smithfield, Johnston County and the Town of Smithfield as it relates to unbudgeted and  unanticipated emergency expenses at the Library.  Unanimously approved.  BUSINESS ITEMS:  1. Bid Award to Four Oaks Bank and Trust for the financing of multiple water and sewer Finance Director Greg Siler addressed the Council on approval of al bid award for financing of multiple  projects estimated to cost $1.43 million. water and sewer projects. The projects included:  Closed Circuit TV inspection and cleaning of approximately 39,250 linear feet of sewer line and rehabilitation of approximately 10,000 linear feet of sewer lines and replacementrepair of Install a sand removal system and related equipment at the raw water intake at the Neuse  approximately 36 manholes in East, South and' West Smithfield ($900,000)  River ($530,000)  77    Mr. Siler explained that a request for proposal was sent out on November 30", soliciting bids for the financing and only one proposal was received. Four Oaks Banks and Trust proposed 3.05% for 12  years with semi-annual payments. The fixed semi-annual payment is $71,784.94.  Loan information:  Total interest over 12 years $: 292,838 First semi-annual payment of $71,784.94 Total annual payment of $143,569.86  Amount paid throughout the life ofl loan agreement is $1,722,838  Mr. Siler explained that many financial institutions didn't have the appetite for this type of loan or the term oft the! loan. He did explain that this loan could have a total life of 10 or 12 years. Councilman Scott stated that this was something that definitely needed to be done.  Mayor Moore stated for the record that the closed circuit inspection project was currently underway. Mr. Siler explained that the Waterl Sewer fund balance reduction was due to the inflow and infiltration  problems and fixing the problems would resolve the fund balance issues.  Councilman Harris made a motion, seconded by Councilman Scott, to award the bid to Four Oaks Bank. Mayor Pro-Tem Ashley amended Councilman Harris' motion by adding awarding the bid to Four Oaks Bank for ai total term of ten years and approval of Resolution #572 (22- 2015). Councilman Harris and Councilman Scott agreed to the Mayor Pro-Tem Ashley's Mayor Moore explained that Resolution # 573 was necessary because the 1& I project was currently underway and some funds have already been spent. Funds from loan proceeds would be used to  amendment, Unanimously approved.  reimburse the funds spent from the Water/Sewer Fund.  Councilman Harris made a motion, seconded by Councilman Dunn, to approve Resolution  #573( (23-2015). Unanimously approved.  TOWN OF SMITHFIELD RESOLUTION #572 (22-2015) APPROVING FINANCING TERMS  WHEREAS: The Town of Smithfield ("Town") has previously determined to undertake a project fort the financing of inflow and infiltration correction; and sand removal system, (the "Projects"), and the  Finance Officer has now presented a proposal for the financing ofs such Project.  BE IT THEREFORE RESOLVED, as follows:  1. The Town hereby determines to finance the Projects through Four Oaks Bank in accordance with the proposal dated December 2, 2015. The amount financed shall not exceed $1,430,000, the annual interest rate (in the absence of default or change in tax status) shall note exceed 2.90%, and the financing term shall not exceed 10 years from closing. 2. All financing contracts and all related documents for the closing of the financing (the "Financing Documents") shall be consistent with the foregoing terms. All officers and employees of the Town are hereby authorized and directed to execute and deliver any Financing Documents, and to take all such further action as they may consider necessary or desirable, to carry out the financing of the Projects as contemplated by the proposal and this resolution. The Financing Documents may include a Financing Agreement, UCCs, and/or a  Project Fund Agreement as Four Oaks Bank may request.  78    3. The Finance Director is hereby authonized and directed to hold executed copies of the Financing Documents until the conditions for the delivery of the Financing Documents have been completed to such officer's satisfaction. The Finance Director is authorized to approve changes to any Financing Documents previously signed by Town officers or employees, provided that such changes shall not substantially alter the intent of such documents or certificates from the intent expressed in the forms executed by such officers. The Financing Documents shall be in such final forms as the Finance Director shall approve, with the Finance Director's release of any Financing Document for delivery constituting conclusive evidence of 4. The Town shall not take or omit to take any action the taking or omission of which shall cause its interest payments on this financing to be includable in the gross income for federal income tax purposes of the registered owners of the interest payment obligations. The Town hereby designates its obligations to make principal and interest payments under the Financing Documents as "qualified tax-exempt obligations" for the purpose of Internal Revenue Code 5. The Town intends that the adoption of this resolution will be a declaration of the Town's official intent to reimburse expenditures fort the projects that is to bei financed from the proceeds ofthe Four Oaks Bank financing described above. The Town intends that funds that have been advanced, or that may be advanced, from the Town's water/sewer fund, or any other Town fund related to the project, forA project costs may be reimbursed from the financing proceeds. 6. All prior actions of Town officers in furtherance of the purposes of this resolution are hereby ratified, approved and confirmed. All other resolutions (or parts thereof) in conflict with this resolution are hereby repealed, to the extent of the conflict. This resolution shall take effect  such officer's final approval of the Document's final form.  Section 265(b)(3).  immediately.  TOWN OF SMITHFIELD, NORTH CAROLINA RESOLUTION #573 (23-2015) DECLARATION OF OFFICIAL INTENT TO REIMBURSE  This declaration (the Declaration') is made pursuant to the requirements of the Unified States Treasury Regulations Section 1.150-2 and is intended to constitute a Declaration of Official Intent to The undersigned is authorized to declare the official intent of The Town of Smithfield, North Carolina, 1. Expenditures to be Incurred. The Issuer anticipates incurring expenditures (the expenditures"? fort the inflow and infiltration correction; and sand removal system projects (the "projects"). 2. Plan of Finance. The Issuer intends to finance the costs of the projects with the proceeds of debt to be issued by the Issuer (the Borrowing"), the interest on which is to be excluded from gross 3. Maximum Principal Amount of Debt to be Issued. The maximum principal amount of the 4. Declaration of Official Intent to Reimburse. The Issuer hereby declares its official intent to reimburse itself with the proceeds of the Borrowing for any of the expenditures incurred by it  reimburse under. such Treasury Regulations Section. (the "issuer") with respect to the matters contained herein.  income for Federal income tax purposes.  Borrowing to be incurred by the Issuer to finance the Projects is $1,430,000.  prior to the issuance of the borrowing.  2. - Bid Award to R.D. Braswell Construction for the construction and installation of related equipment for the Sand Removal System at the Smithfield Water Treatment Interim Public Utilities Director Pete Connet addressed the Council on a request to award the bid for construction and site work at the Water Treatment Plant - Sand Removal System to R.D. Braswell  Plant  79    Construction in the amount of $246,681.10. This construction is necessary for the pump and sand Mayor Pro-Tem Ashley made a motion, seconded by Councilman Harris, to award the contract to R.D. Braswell Construction in the amount of $246,681.10 for the construction and installation of related  separation equipment that willl bei installed in the spring of2 2016.  equipment for the Sand Removal System att the Smithfield' Water Treatment Plant. 3. Discussion on bidding new Sludge Handling Equipment for the Water Plant  Unanimously approved.  Interim Public Utilities Director Pete Connet addressed the Council on a proposed plan to try and reduce costs for treatment and disposal of the sludge material left from the water treatment process Mr. Connet explained that Water Plant Staff had been conducting some Pilot Tests on Sludge Handling Equipment for the Water Plant. Plant Superintendent Dale Boyette visited the Town of Grifton and seen the proposed type of equipment in operation. We have also had two vendors bring their mobile equipment on site to run pilot tests on our waste and to de-water it for disposal. Currently, we are pumping the liquid waste from waste holding basin and either applying to a permitted agriculture site during dry times or hauling it to the County treatment facility for dewatering and disposal. At this time, Johnston County is charging approximately $750/wet ton to process, or ifitis is dry they will only charge around $58.00/ton to dispose of the de-watered waste. The current budget has allocated $200,000 for sludge removal by our contract hauler and $150,000 forl Landfill Charges to Mr. Boyette provided the following information on his estimated operational costs if the new equipment  the County or ai total of $350,000. were available before July 2016:  $ 72,000 annually for disposal $ 10,000 for electricity $8.000 for polymer  $ 90,000 annual operating cost beginning FY 16-17  Mr. Boyette informed the Council that he was also working with Granville farms to further reduce the disposal costs. Itis possible that they will haul the dried sludge away for $42.00 per dry ton. That price includes dumpster rental. His calculations suggest that the disposal can be reduced from $72,000 per year to about $40,000. Annual operating budget for sludge would be about $60,000 in FY 16-17. Mr. Connet explained that he and Mr. Boyette estimated that a proposed budget for this project would not exceed $300,000 for the equipment and related engineering work. Both have discussed this with the Finance Officer and Interim Manager and all of us see this project paying for itself in one year. Funds to pay for a portion of this cost can possibly come from savings in other line items and/or capital projects. A loan for the balance may be needed or an appropriation from Water/Sewer Fund Councilman Harris questioned if staff would need to come back to Council in the future to gain approval for additional funds. Mr. Connet responded that the equipment and installation should cost approximately $300,000. He stated that staff is confident with savings from several projects and reallocating unspent economic development funds, the $300,000 needed for the project was possible. Councilman Harris stated that the Council should discuss in the future monies that have been Councilman Scott questioned if the Water Plant would have adequate staffing to manage this sludge. Mr. Boyette responded that an additional staff member would be proposed in the upcoming budget,  Balance.  allocated for economic development and how Mr. Kerigan willl be able to use it. but that staff member would be responsible for all maintenance of the Water Plant.  Councilman Scott made a motion, seconded by Councilman Harris, to allow staff to proceed  with the bid process of Sludge Handling Equipment for the Water Plant.  Unanimously: approved.  80    4. Discussion regarding the Town Manager Hiring Process  Interim Town Manager Jim Freeman reported to the Council that 33 applications have been received for the Town Manager position. Mayor Moore stated that staff was seeking direction from the Council Mayor Pro-Tem Ashley suggested that the Council be given two or three weeks to review the applications. Each Councimember should choose five or six candidates to discuss during a close session at the January 5, 2016 regular meeting. It was the consensus of the Council to follow the 5. Discussion concerning setting the date for the rate and load management workshop It was the consensus of the Council tol hold a special workshop on Tuesday, January 26that6 6:00 pm Cecil Rhodes of ElectriCities will be present to discuss load management efforts. Further review of  on how to proceed with the process.  suggestions made by Mayor Pro-Tem Ashley.  inJanuary.  electric rates reductions will also be discussed. 6. Discussion concerning the State Health Plan  Human Resources Director Tim Kerigan discussed with the Council the potential of the Town switching to the State Health Plan for employee health insurance. He explained that there are a lotof variables in comparing the Town's current Health Plan with the State's Health Plan. The Town's core plani is an 80/20 plan. The State's core plan is a 70/30, but employees can elect and pay an additional cost of $13.56 for an 80/20 as long as several wellness checks were met. Ift the Town switched from our current plan to the State's 70/30 plani ity would save the Town and estimated $78,000 this year.  Mr. Kerigan explained that the current premiums are as foliows:  CostT To  Total Employee For Cost To Enrollees Dependents 108 8 39 8  Total Premium Per Month $488.13 $1,164.37 $987.55 $1,585.50  FY2015-16 Totals Employee Only Employee/Spouse Employee/Child Family  Town $488.13 $755.44 $755.67 $798.30  Per Month Per Month $0.00 $408.93 $231.88 $787.20  Mr. Kerigan informed the Council that the State Health Plan will not allow retirees to be insured on their policy. With that in mind, the Town has 25 retirees on its current insurance policy and 63 employees that were hired prior to 2007 that were hired under the premise that if they retired with 20 years of service, they would remain on the Town's insurance until they became Medicare eligible. Also, the Town has 25 retirees that are not on the Town's insurance policy that are currently receiving Mediçare supplements. Mr. Kerigan posed the question as to what the Town would do with the current grandfathered" employees and the current retirees. He stated that he felt it was necessary to consult Councilman Harris questioned if the State had a plan for their retirees. Mayor Pro-tem Ashley responded that the State has a large liability that is unfunded with its retirees and that is the reason that they will not allow any additional retirees to be added to their health plan. Councilman Harris further questioned that if the Town chose to switch to the State Health Plan how the Town will insure our retirees. He also questioned if Mr. Kerigan had spoken with Clayton and Benson as to what their course of action would be in regards to their retirees. Mr. Kerigan responded that Clayton and Benson had higher premiums then we did so the cost savings to them was much more significant.  Town Attorney Bob Spence on his legal opinion.  81    Mayor Pro-Tem Ashley stated that his concern was the Town was headed into uncharted territory with health insurance and might be better served long term by being a part ofa larger group Councilman Harris stated that the Council has a situation. In regards to vested employees if the health insurance is changed, we may have some legal issues to handle int the future. He stated that the Council needed to know what was best for the employees and best for the Town, He further stated that the State program may be a better opportunity for savings for employees in the future. Councilman Harris directed Mr. Kerigan to compile all the information on the Town's current insurance and the State's insurance in some type of chart or spreadsheet and send it out to Council. Hee explained that this was a major decision for the Town of Smithfield but also for our employees and he felt that Council needed as much information as possible to make an informed decision. He asked Mr. Kerigan to speak with the Town Attorney on any legal issue that he felt might arise from switching to the State Health Plan as it relates to our retirees and grandfathered" employees. Interim Manager Jim Freeman asked Mr. Kerigan to provide as much information as possible to the Council prior to the. January 5"h meeting. Mr. Kerigan stated that he would provide most of Councilman Scott suggested that employees be given some type of survey to assist the Council with understanding the employees' thoughts on health insurance and benefits. Councilman Harris Interim Manager Jim Freeman asked for clarification of the $78,000 a year savings from the Town's current health plan to the State Health Plan was without the retirees on the policy. Mr. Kerigan Councilman Dunn questioned the timetable for implementation on moving to the State Health Plan- Mr. Kerigan responded that there is a queuing order and we have reserved our place in line with the Councilman Harris asked Mr. Kerigan to speak with our current provider and find out what rates increase are going to be and provide that information to Council. Mr. Kerigan responded that staff is anticipating speaking with them at the end of this month or next month depending on their schedule. Mr. Kerigan had heard that the State Health Plan Premiums were estimated to increase 4- Councilman Dunn stated that he did not think it was fair for the employees to bear the burden of Mayor Moore instructed Mr. Kerigan to compile the information and e-mail itt to Council. Mayor Pro-Tem Ashley also requested information on the Town's options for covering our retirees.  this  information to Council via email prior to the holidays.  suggested that meetings could be held with the employees or Department Heads.  responded that was correct.  resolution that was approved at the last meeting.  8%  increased health insurance premiums.  Other Information Interim Town Manager  1. Mr. Freeman reminded the Council oft the employee luncheon to be held on December 22"4 at 1:00 pm 2. Mr. Freeman informed the Council that per their direction, he would be accepting the $200 rate increase with Verizon Wireless and executing a ground lease agreement as it relates to the generator  att the SRAC.  that they willl bei installing at the cell tower site at 111 South Fourth Street.  Mayor  1. Mayor Moore informed the Council of the orientation that was held for the two newly elected 2. Mayor Moore, Councilman Harris and Economic Development Liaison Tim Kerigan met with a local  Councilmembers.  business this morning on possible expansion.  82    3. Mayor Moore informed the Council that he receive information today that Johnston County Schools Councilman Harris stated that Councilmembers typically serve on committees and Boards. He currently serves on the Triangle J. Council of Governments. He stated that Councilman Charles Williams served on the Rural Planning Organization. Councilman Harris stated that he would like to relinquish his seat on the Triangle J.  received grant for an early technical college at SSS subject to funding.  Council of Governments Board of Delegates and serve on the Rural Planning Organization  Councilman Scott made a motion, seconded by Mayor Pro-Tem Ashley, to allow Councilman Harris to serve on the Rural Planning Organization representing the Town of Smithfield.  Unanimously approved.  Adjourn  There being no further business, Councilman Harris made a motion, seconded by Mayor Pro-Tem Ashley, to  adjourn. Unanimously approved.  The meeting adjourned at approximately 8:44 pm.  M. Andy Moore, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  83    84    Town of Smithfield Town Council Action Form  Item: Squad Car Purchase Date of Meeting: January 5, 2016 Staff Work By: Chief Michael L. Scott  Date Prepared: December 22, 2015  Presentation: Presentation:  Consent Agenda  The police department was budgeted $62,000 for the purchase of two (02) SUV's to replace the existing K-9 patrol vehicles. The police department solicited quotes from Classic Ford and Capital Ford which is the winner of the North Carolina State Bid Contract for the Ford Interceptor Police Vehicle. Classic Ford did not submit a bid. The state bid price is $30,590 per vehicle. With minor changes to the state bid specifications, the final price from Capital Ford is $30,741 per vehicle making the total purchase price for two vehicles, $61,482. Additional taxes will use the remainder of the  budgeted amount. Action Requested:  It is requested the Town Council approve the purchase of 2 Ford Interceptor Utility  Vehicles from Capital Ford for the amount of $61,482.  85    86    Fleet Vehicle and Equipment Specification  Specification #-S SUV-MDPL/252015  SUV-MD-PL  Medium Duty Pursuit Rated Sport Utility Vehicle AWD  Fordl Interceptor Utility  'NOTE-1 Thef followings specification ist ther minimumreqguirements: only. Thea actual awarded vehicle This specification details The State of! North Carolina's requirement fora af fulls size, pursuitr rated, sport utility vehicle. Thefulls size sport utility vehicle and all required options will be designed and assembledi ina accordance witha alla applicable industry standards and comply witha all governmental regulations ast theya apply tot thec operation oft the vehicle describedi int this specification. This vehiclev will be used for general transportation of personnela andl lightr materials associated with the operation ofa government: business ands specifically those associated withl lawe enforcement..  mayi includef features ando optionst thate excedet thes specification.  Scope  BASE SPECIFICATIONS: General  Wheelbase- 110- 115in. Length (overall)- 195-200in. Weight 4,500-4,7001 Ibs. GWWR- N/A GCWR- N/A (5,0001 Ibs. (towing capacity)) Payload- NIA 3.5L DOHC,V6, EcoBoost @, 24 valve or equivalent 365 HP @ 5,500 RPM (net SAE) 3501 Ib.-ft @ 1,500- 5000F RPM (net SAE) Stainless steel exhaust Fuel- Unleaded regular 87 octane or E85 Cooling system, heavy duty, automatic coolant recoverys system with permanent type anti-freeze protected to -20 degrees F with rusti inhibitor. Engine external oilo cooler(if available from OEM) Engine hour meter. Automatic Electronic six (6) speedy w OD Rear axler ratio 3.39 Electronic: stability control Alwheeld drive (4X4) External oil cooler (if OEM available) Advance Traco with RSC Front- Disc-vented; Rear Disc ABS driveline traction control Alternator 220 amp., heavy duty Coil-on-plugt typei ignition  Engine  Transmission  Brakes Electrical Tires Wheels  ABS (Antilock brakes system) four (4) wheel- -4 ABS channels Battery- 750 CCA, HDV with' rundown" protection (maintenance free) Tires, five (5), tubeless, radial, black sidewall, all-s season tread, P245/55R18W rateda approveda and certified for pursuit use ont thes specific model and configuration ofv vehicle offered. Goodyear RS-A only. Spare- Fulls size mountedu under body Wheels, five (5), 18"x7.5" minimum, steel Full wheel covers  87    Interior Equipment  Airo conditioning Color Charcoal  Seats: Bucket clothf front with driver's side power adjustable, 6-way and console mounting plate. Rear seat vinyl. Fronts seat construction: shall bef fully suitable fork lawe enforcement work byt the HighwayF Patrol duringr normal 8h hours shifts with sufficient comfort ands supporty withi integrated: anti-stab plates. Seat belts to ber manufacturers production standard for both fronta andr rear passengers. Safety air bags- Drivera andp passenger and head-curtain side impact Driver & passenger head protection air bags Seat belts tob ber manufacturers production: standardf for both front and rear passengers. Occupancy sensor Driver's and passenger's supplemental inflatable restraint system (air bags) as mandated! by NHTSA att thet time ofp production. Radio, manufacturer's: standard. AM/FM stereov with front andi rear speakers and CD player Powers steering (external oild cooleri ifOEMa available). Cruisec control Tilts steering Three (3) keys fore each vehicle. Eachy vehiclet tob bek keyedi individually. Manulacturerfuymished blank for third key. may be cut by dealer. Keyless entry, two (2) electronic! keyf fobs Clock Dash mounted Trunkt toir include full carpeting and power point Speedometer, certified calibrated speedometer (21 MPH increments) (max. 3% error). Approx. 0-140N MPHindicator Domel light and map/reading light. One such! lighti is to bel LED: and driver selectable for off-red-white operation andi mayi ina addition (butr notii in lieu of) bes switched on-offb by ac door-actuated control Other lightisto bea activated (on-off) byac door-actuated: switcha and may ina addition (butr noti inli lieu of) bes switched on-offt by a driver operated control. Power door locks allf four (4) doors with rear locksi inoperable from inside Floor covering, carpet, color keyed, front andr rear with color keyed scuff plates. Removable floor mats are NOT required, and may be deletedi if standard Rear windowo defroster, electric (not blowert type)y with control within convenient  Glovec compartment light and doorl lock Luggage compartment light Mirrors, insidev with day/night adjustment Power windows with driver express down equipment 12v DC power outlets (2) reach of driver and clearly marked Low Tire! Pressure Warning (TPMS) Remote hoodr release, inside Seating capacity-5  88    Exterior Equipment  Color- White (manufacturer's standard) Variable intermittent fronty windshield wipers Halogen typel head lights Dual exterior mirrors, remote controlled onk lefta andi rights side Power: adjustable outsider mirrors Automatic' 'shift ont thef fly" four (4) wheel drive ore equivalent Fuel tank- 18.0-1 19.0gal. Skid platesf for protection tou underbody components for off-road travel ULEVII Speed anda acceleration test tob bec certified by Michigan State Policev vehicle Paint, allr manufacturer's standard and clear coat solid colors tob bei includedi in  Emissions  OTHER:  evaluation program the bid pricef fort theb base vehicle Cargo wiring upfit package #67G Bumpert to Bumper 36 month/36,000 miles (Basic) Powertrain- 60r month/60,0001 miles Corrosion Perforation- 60r month/unlimited distance Roadside Assistance- 60r month/60,000 miles Safety Restraint System- 60 month/60,000 miles  Warranty  Approved Configurations SUV-MD Approved Options (all conligurations)  Fronty wheel drive only model vehicle) lines  "LT' tires (size approved by manufacturer and consistent with offerings ons same CNG/LPG fuel capability- Requirement fore engine only capability. Storage, fuel andy valving not required but cant be quoted upon.  89    a  90    Smithfield Police Department  Change Orders to State Contract Price  2016, Ford Interceptor Utility  1) Change two key fobs to three key fobs  2) Change floor covering, carpet to floor covering, vinyl  3) Change Removable Floor Mats NOT required to Removable floor mats  required, carpet type  4) Add Hand activated spot light, factory mounted on driver's side of vehicle. Light activation and movement from inside driver's side of vehicle.  Adjusted individual price:  $30,741,  91    92    Town of Smithfield Town Council Action Form  Item Title: Consideration of a motion to approve the purchase ofa  2017 Smeal Fire Engine, ataprice of $491,799.00  Date of Meeting: December 1, 2015 Date Prepared: November 23, 2015  Staff Work By:  Presentation By: Consent Agenda  John Blanton, Interim Fire Chief Presentation Description:  The Fire Department requests the approval of the budgeted purchase of a new Fire Bids were solicited from the following vendors, using a Department created  Engine for replacement of our existing 1992 Engine 3.  Specification:  Atlantic Coast Fire Trucks - Smeal - $490,000.00 that includes Performance Atlantic Emergency Solutions - Pierce - $494,996.00 with a 3% increase - $14,849.88 after November 27, 2015; for an estimated total of $509,845.88 First Choice Fire & Safety - Spartan ERV - $491,158.00 did not include Performance Bond, Trip, and Contract Fees that will increase an additional- $11,  Bond, Trip, and Contract Fees  350.00 for a total price of $502,508.00  The Town Of Smithfield are members of both HGAC (Houston Galveston Area Council) and NJPA (National Joint Powers Alliance), which are both cooperative purchasing programs that allow Government Departments to purchase without competitive bidding. Under the Town Of Smithfield Purchasing Manual, a Formal Bidding Process is required if the amount of purchase is over $90,000.00 with exception to the policy (Purchases made from the United States Government or any other governmental unit The HGAC program requires the purchaser to pay an upfront fee of $2,000.00 to The NJPA program requires the vendor to pay the $2,000.00 fee at the end of the purchase and also the pricing is 5% less. This cost is also added to the price of the  or agency within the United States).  complete the purchase. This cost is also added to the price of the truck.  truck.  93    The Fire Department Truck committee sent a department drawn spec with three different vendors to get quotes and to learn the facts of the three companies.  Their Findings were as follow: Smeal Fire Trucks:  1.T They offer a complete 2 year bumper to bumper warranty, with additional warranties on different components. Example 5 year warranty on the Engine, 2. Most of their parts are not proprietary and can be bought locally which is 3. Their repair shop is contracted with #1 Testing in Princeton, NC and is in 4. The staff called current customers for references; and asked if they were to purchase a new truck, would it be the same. All of them said they would, based on durability and loyalty of the company to stand behind their product.  etc.  cheaper in the life of the truck. good standing with the Town.  Pierce Fire Trucks:  1. They offer a complete 1 year bumper to bumper warranty, with additional warranties on different components. Example 5 year warranty on the Engine 2.All of their parts are proprietary and can only be bought through them, and  etc.  cost more over the life oft the truck. 3. Their repair shop is in' Fayetteville, NC  4. The staff called current customers for references; and asked if they were to purchase a new truck, would it be the same. Most of them said they would  not; based on failure to remedy repairs and purchasing parts.  Spartan ERV Fire Trucks:  1. They offer a complete 2 year bumper to bumper warranty, with additional warranties on different components. Example 5 year warranty on the Engine 2. Most of their parts are not proprietary and can be bought locally which is 3. They do not have a Repair Shop contracted, but occasionally use Mike's  etc.  cheaper in the life of the truck. Paint & Body in Kenly, NC.  94    4. The staff called current customers for references; and asked if they were to purchase a new truck, would it be the same. All of them said they would, based on durability and loyalty of the company to stand behind their product.  Staff recommended the Smeal Fire Truck after all the findings. The committee came to their decision, based on the facts and pricing. It was their goal to have a dependable The committee met with the Smeal Salesman to refine the truck specs to lower the price in an attempt to be good stewards of tax dollars used to purchase this Fire Truck. Council approved in the 2015-2016 budget, Line item 46-5300-7400; in the amount of $530,000.00, to purchase a new Fire Truck for replacement of Engine 3.  and cost effective fire truck.  The purchasing options are as follow:  1. Ifp purchased using HGAC the cost of the Fire Truck would be:  Base Price of Truck Smeal Discount Sub Total Performance Bond HGAC Fee Total Cost:  $519, ,421.00 $(7,261.00) $512,160.00 $3,300.00 $2,000.00 $517,460.00  ** Option to deduct Performance bond if not required;  $3,300.00 $6,200.00  And prepayment of the cab and chassis in the amount of: $232,200.00  ** an additional savings of: For a total cost of:  $507,960.00  2. Ifp purchased using NJPA the cost the Fire Truck would be:  Base Price of Truck Smeal Discount NJPA Discount Sub Total Performance Bond NJPA Fee Total Cost:  $519,421.00 $(7,261.00) $(25,661.00) $486,499.00 $3,300.00 $2,000.00 $491,799.00  ** Option to deduct Performance Bond if not needed;  $3,300.00 $6,200.00  And Prepayment of the cab and chassis in the amount of: $232,200.00  ** an additional savings of: For a total cost of:  $482,299.00  95    Action Requested:  Approve a motion granting permission to proceed with the budgeted purchase ofa2 2017 Smeal Fire Truck from Atlantic Coast Fire Trucks, using NJPA as the cooperative  purchasing program.  96    TOWN OF SMITHFIELD TOWN COUNCIL ACTION FORM  Item Title: Authorization to Apply for an AFG (Assistance to  Firefighter's Grant)  Date of Meeting: January 5, 2016 Date Prepared: December 22, 2015  Staff Work By:  Presentation By: Consent agenda  John Blanton, Interim Fire Chief Presentation Description:  The AFG grant process opened on December 7, 2015 and closes on January 15, 2016. The AFG grant allows Fire Departments to apply for needed equipment. The Department would be applying for replacement of aging Air Packs that are now over 12 years old and also an aging Air Compressor. This grant is a 95% - 5% purchase; meaning the Town's responsibility would be 5% and the grant would cover 95% of the awarded amount. The amount for the grant application would be $445,827.00. The Town's responsibility, if awarded, would be $21,229.00. The process could take between 8-12 months before notification of awarded grants. This would put the purchase, if awarded, in the 2016-2017 fiscal year.  Action Requested:  Approve the participation and application to the AFG (Assistance to Firefighters Grant Program) in the amount of $445,827.00 with a 5% Town  of Smithfield match of $21,229.00.  97    98    Town of Smithfield Town Council Action form  Item: Parks and Recreation Grant for Land Acquisition  Date of meeting: January 5, 2015 Staff work by: Gary Johnson  Date prepared: December 28, 2015 Presentation: Gary Johnson  Presentation: The Town of Smithfield Parks and Recreation Master Plans calls for the additional purchase of land surrounding Smithfield Community Park. This coming year (application due May 2) there will now be an extra million dollars available in state grants for local governments, which means there will be close to $10: million available (as opposed to $5 million in 2015). These grants are a 50/50 match. Ifa grant is awarded, the Town would then have 5 years to begin development of recreation facilities (can Inc order to receive a grant, the application process would need to begin immediately. Iffor some reason the town decided several months down the road that they wanted to pull out (i.e. can't come to terms with landowners, etc.), the town could withdraw its  apply for grant to help with development).  application.  Action Requested: The Parks and Recreation Department requests that the council give approval to look into / begin the grant application process for the purchase of land  around Community Park.  99    100    Town of Smithfield Town Council Information Form  Item: Date of Meeting: Staff Work By: Presentation:  Physical Relocation ofTown of Smithfield PEG Channel  January 5,2016 Tim Kerigan  Date Prepared: December 28,2015  Tim Kerigan and Brian Adams  Background:  InJ July of 2015, Johnston Community College informed Town staff of their desire to withdraw their involvement with the Town and College's joint PEG (public, educational and government access) television channel. This decision on the part of JCC will require the relocation of the broadcasting equipment from the JCC campus to Smithfield Town Hall. Relocating the equipment will require an infrastructure update to be performed by Time Warner Cable. The total cost of this infrastructure update,  as well as the relocation and installation of the equipment is as follows:  Equipment Costs: Fiber Costs & Equipment: Installation, Taxes, Fees: Total Action Requested: line item (10-4110-5716).  $4,800.00 $2,500.00 $3,356.00  10,656.00(One-Time Charge)  The Town Council is asked to approve the expenditure of$10,656.00 to be paid from the PEG Channel  101        Business Items        TOWN OF SMITHFIELD Town Council Action Form  Business Item: Consideration and approval of a Contract agreement for Grant Number 2016-018-3201-2538: "Atlantic Resources - Brightleaf Boulevard  Building Renovation Project Date of Meeting: January 5, 2016 Staff Work By: Shannan Williams Presentation Description:  Date Prepared: December 22, 2015 Presentation By: Interim Manager Jim  Freeman  At the September 1st meeting, The Council approved a sponsorship application for a Building Reuse Grant through the Rural Economic Development Division of the Department of Commerce for funding assistance for Atlantic Resources, Inc. Atlantic Resources, Inc. (ARI) is an industrial systems design, fabrication and installation company specializing in mechanical systems, programmable logic controllers, thermal imaging and material handling for industrial and agricultural ARI purchased the old Jerold Manufacturing Facility on South Brightleaf Boulevard and will renovate and modernize the building in order to conduct business. The building has been primarily vacant for more than 20 years. To assist in financing the improvements ARI wishes the Town to apply for a Building Reuse grant through the Rural Economic Development Division (REDD) of the NC Department of Commerce. The ARI project will result in an investment of $1,020,000 of private expenditure for acquisition, building renovation and ARI is requesting a grant of $250,000 from REDD in order to assist in building renovation and equipment. The grant requires a 5% contribution from the sponsoring unit of government. ARI has offered to provide the 5% ($12,500) to the Town. Therefore, there is no cost to the Town for sponsoring the grant.  tor renovate the abandon Jerold Manufacturing Facility.  applications.  equipment.  Action Requested: The Council is requested to consider the contract agreement required finalizing the grant award from the North Carolina Infrastructure Authority ("Rural Authority") to allow Atlantic Resources, Inc. to renovate the abandon Jerold Manufacturing Facility and authorize the mayor to execute the  agreement.  102    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2016-018-3201-2538  The North Carolina Department of Commerce ("Commerce"), an agency of the State of North Carolina ("State"), enters into this Rural Economic Development Grant Agreement ("Grant Agreement") with the' Town of Smithfield (the Governmental Unit" and, together with  Commerce, the "Parties").  WHEREAS, the North Carolina General Assembly ("General Assembly") has determined that it is the policy ofthe State to stimulate economic activity and to create new jobs for citizens ofthe State by providing matching grants or loans to specific local governmental units SO as to productively reuse certain buildings and properties or expand rural health care facilities subject to the requirements ofN.C.G.S. $$143B-472.127 and .128; and  WHEREAS, under N.C.G.S. $143B-472.128, the General Assembly created the North Carolina Rural Infrastructure Authority ("Rural Authority") to review applications for and, where appropriate, authorize such matching grants or loans, and, under N.C.G.S. $$143B- 472.126 and.127, the General Assembly authorized Commerce to administer such grants or  loans; and  WHEREAS, pursuant to N.C.G.S. $5143B-472.127 and .128, and based on the terms, conditions and representations in this Grant Agreement's Exhibits. A (Scope of Project), Exhibit B(Payment Schedule), Exhibit C( (Reporting Schedule), Exhibit D (Closeout Schedule/Job Requirements), Exhibit E (LBC), Exhibit F (Promissory Note) and Exhibit G (Waiver of Confidentiality ("Waiver")), the Rural Authority has approved a grant (the "Grant") to the  Governmental Unit; and  WHEREAS, without limitation, the Rural Authority awarded the Grant: (1) based on the application filed by the Governmental Unit and anys subsequent materials supporting the application that have been approved ofby Commerce in writing, all ofwhich are incorporated by reference herein; (2) based on the representation in the application that Barefoot Property  Group LLC (the "Owner") owns certain real property located at:  1515 South Bright Leaf Blvd Smithfield, NC27577  in. Johnston County, North Carolina (the Property"); (3) based on Commerce's Grant requirements and guidelines, which are incorporated herein and which may be amended, modified or supplemented and applied accordingly to this Grant Agreement by Cornmerce in its sole discretion; and for (4) the creation and retention of certain jobs in the course of completing certain renovations/construction work at the Property (altogether, the Project," as summarized  in Exhibit. A to this Grant Agreement).  NOW, THEREFORE, in consideration oft the mutual promises and such other valuable consideration as set out herein, the Parties mutually agree to the following terms and conditions:  1. SereafhpusmmAEsemets to be Executed. (a). As conditions of the Grant Agreement:  The highest elected official oft the Governmental Unit shall execute two originals  103    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2016-018-3201-2538  oft this Grant Agreement in its exact form (unless Commerce approves ofa change to its terms in writing) and shall return one ofthem to Commerce; ii. The Governmental Unit shall ensure that its highest elected official and a duly authorized representative oft the Owner execute two originals of the Rural Economic Development Loan Agreement and Legally Binding Commitment ("LBC") in its exact form (unless Commerce approves ofa change toi its terms in writing) and shall return one such original to Commerce with the one executed iii. The Governmental Unit shall ensure with the Owner that every individual or entity that has any ownership interest in the real property which is the subject of the Project executes two originals oft the Promissory Note attached as Exhibit F in its exact form and shall return one such original to Commerce with the one iv. Exhibit A refers to the entity (or entities, as applicable) required to create and maintain certain full-time new jobs ("New. Jobs") to complete the Project as the "Company," the Employer" and the "Business" (together and hereinafter, the "Business"). The Governmental Unit shall ensure that an authorized representative of each Business executes a Waiver of Confidentiality ("Waiver"), attached as Exhibit G, and shall return the original of any such Waiver to Commerce with the executed originals ofthe Grant Agreement. The Governmental Unit shall also ensure that any additional Business which becomes involved in the Project after the Grant Agreement is finalized executes a Waiver upon itsi involvement, the original of which the Governmental Unit (b). The Governmental Unit shall provide Commerce with any information obtained pursuant to the LBC and allow Commerce to execute any rights oft the Governmental Unit under the LBC, including the Governmental Unit's rights of access, review or monitoring and Commerce's rights as a third-party beneficiary thereunder. (c). The Governmental Unit shall exercise all ofits rights and duties under the LBC in a prudent and timely manner to ensure the use ofthe Grant funds for the intended purposes and objectives and toj preserve the rights of Commerce in this Grant (d). Thel LBC specifies how many New. Jobs the Business must create and maintain in the performance of the Project and, ift the Business fails to do sO, those Grant funds that the Owner must repay to the Governmental Unit for return to Commerce or else repay directly to Cornmerce, upon request and as directed. Ifsuch New Jobs are not created or maintained, then the Governmental Unit shall return to Commercea any Grant funds it has not already disbursed to the Owner, make a timely demand for repayment from the Owner and, ifs such repayment is not forthcoming, initiate and fully litigate legal (e). Without limitation, failure by the Governmental Unit to timely demand repayment from and, ifnecessary, initiate and fully litigate such legal proceedings against the Owner may affect the future consideration of the Governmental Unit for grant programs administered by Commerce. Further, and without limitation, ifthe Governmental Unit fails to timely initiate legal proceedings against the Owner for such repayment and Commerce elects to do SO instead, the Governmental Unit is  original oft the Grant Agreement;  executed originals of the Grant Agreement; and  shall promptly forward to Commerce.  Agreement and the LBC.  proceedings against the Owner to recover such repayment.  104    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2016-018-3201-2538  responsible and agrees to reimburse Commerce for all litigation costs and reasonable  attorneys' fees that Commerce incurs in pursuing repayment.  2. Changes in the Project or Other Conditions.  (a). A "Project Change" is any material alteration, addition, deletion or expansion ofthe Project, including (without limitation) material changes to construction or rehabilitation, the terms or conditions of the loan under the LBC ("Loan"), the required number ofNew. Jobs, the matching investment int the Project, any cessation ofbusiness by the Owner or any Business and any filing oft bankruptcy by the Governmental Unit, the Owner or any. Business. There shall be no Project Changes unless expressly approved ofby Commerce in a separate, prior written agreement stating, ifapplicable, the costs and schedule for completing the Project Change. Notwithstanding the foregoing and wherever referred to in this Grant Agreement, "cessation ofbusiness, ? "ceasing to do business"and' "ceases to do business" shall not include (I) ceasing operations to maintain, service or upgrade real or personal property of the Owner, (2) seasonal shutdowns ofoperations as long as such cessation do not exceed at total of four (4) weeks in any calendar year (excluding time attributable to an event of force majeure as described below) and (3) under the circumstances oft for the period oft time described in Paragraph 171 below. (b). Additionally, the Governmental Unit shall immediately notify Commerce ofany change in conditions or local law, or any other event, which may significantly affect its ability to oversee, administer or perform this Grant Agreement, the LBC or the Project. Ini its sole and unreviewable discretion, Commerce may deem such a change in conditions, local law or other event to constitute a Project Change.  3. Term ofGrant Agreement. The effective period of this Grant Agreement shall commence on 10/22/2015 ("Effective Date") and shall terminate on 10/22/2017 unless terminated on an earlier date under the terms oft this Grant Agreement (either one ofwhich dates shall constitute the Termination Date") or unless extended for an express term in writing by the 4. Funding. Thel Rural Authority grants to the Governmental Unit an amount not to exceed $175,000.00 for expenditures directly relating to the Project. The Governmental Unit hereby represents and warrants that all Grant funds shall be utilized exclusively for the purpose ofthe Project and consistent with all applicable laws, rules, regulations and requirements, and that the Governmental Unit shall not make or approve of any improper expenditure of Grant funds (including Loan funds). Administrative expenses ofthe Governmental Unit are not eligible for Grant funding and any such use of Grant funds will  Governmental Unit.  violate this Grant Agreement.  5. Independent Status ofthe Governmental Unit.  (a). The Governmental Unit is an entity independent from the Rural Authority and Commerce. The Grant Agreement, the LBC, the Project and any actions taken pursuant to them shall not be deemed to create ap partnership orj joint venture between  105    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2016-018-3201-2538  or among Commerce, the Rural Authority, the Governmental Unit or any third party (including, without limitation, the Owner or any Business). Nor shall the Grant Agreement, the LBC or the Project be construed to make the Governmental Unit (including its employees, agents, members or officials) or anyt third party (including, without limitation, the Owner or any Business) employees, agents, members or officials of Commerce or the Rural Authority. Neither the Governmental Unit nor any third party (including, without limitation, the Owner or any Business) shall have the ability to bind Commerce or the Rural Authority to any agreement for payment of goods or services or represent to any person that they have such ability. (b). The Governmental Unit shall be responsible for payment of all ofits expenses, including rent, office expenses and all forms of compensation to employees. The Governmental Unit shall provide worker's compensation insurance to the extent required for its operations and shall accept full responsibility for payments of unemployment tax or compensation, social security, income taxes, and any other charges, taxes or payroll deductions required by law in connection with its operations, foritselfa and its employees who are performing work pursuant to this Grant Agreement. All expenses incurred by the Governmental Unit are: its sole responsibility, and neither Commerce nor the Rural Authority shall bel liable for the payment of any obligations incurred in the performance ofthel Project.  6. Method of Payment. Commerce shall pay the Grant funds to the Governmental Unit in accordance with the Payment Schedule attached hereto as Exhibit B after receipt of written requests for payment from the Governmental Unit certifying that the conditions for such payment under this Grant Agreement have been met and that the Governmental Unit is entitled to receive the amount sO requested and any other documentation that may be 7. Obligation of Funds. The Governmental Unit shall not obligate Grant funds prior to the Effective Date or subsequent to the Termination Date oft this Grant Agreement. All obligations outstanding as oft the Termination Date shall be liquidated within thirty days.  required by Commerce.  8. Project Records.  (a). The Governmental Unit shall maintain full, accurate and verifiable financial records, supporting documents and all other pertinent data for the Project in such a manner as to clearlyidentify: and document the expenditure of the State funds provided under this Grant Agreement separate from accounts for other awards, monetary (b). The Governmental Unit shall retain all financial records, supporting documents and all other pertinent records related to the Project for aj period of five (5) years from the Termination Date. In the event such records are audited, all Project records shall be retained beyond the five-year period until the audit is concluded and any and all audit  contributions or other revenue sources for this Project.  findings have been resolved.  106    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM 9. Monitoring, Reports and Auditing.  010-018-3201-2538  (a). The Governmental Unit agrees to ensure compliance and provide its assistance with such monitoring and auditing requirements as the State may request, including following the Termination Date of this Grant Agreement. Additionally, the Governmental Unit shall regularlymonitor all performance under Grant-supported activities, including activities performed by the Owner and any Business, to ensure that time schedules arel being met, New. Jobs arel being created and: maintained and (b). The Governmental Unit shall furnish Commerce detailed written progress reports according to the timej periods specified in Exhibit C or as otherwise requested by Commerce. Such reports should describe thej progress made by the Governmental Unit, the Owner and any Business toward achieving the purpose(s) oft the Project, including specifically the goals of] New Job creation and maintenance. Such descriptions should include the successes and problems encountered during the reporting period. Failure to submit a required report by the scheduled submission date will result in the withholding of any forthcoming payment until Commerce is in receipt oft the delinquent report and the report meets with Commerce's: approval, in (c). The Governmental Unit acknowledges and agrees that, with regard to the Grant funds, it will be subject to the audit and reporting requirements prescribed by N.C.G.S $159-34, Local Government Finance Act- Annual Independent Audit; rules and regulations. Such audit and reporting requirements may vary depending upon the amount and source of Grant funding received by the Governmental Unit and are subject to change from time to time. Upon completion, the Governmental Unit shall forward to Commerce one copy of any audited financial statements and accompanying reports generated covering the period between the Effective Date and (d). Within thirty (30) days after the Termination Date, the Governmental Unit shall submit a final report to Commerce describing the activities and accompishments of the Project. The final report shall include ai review of pertormance and activities over the entire Project period. In the final report, the Governmental Unit should describe thel Project, how it was implemented, to what degree the established Project objectives were met and the difficulties encountered, what the Project changed and its (e). The Governmental Unit grants the State and any ofi its related agencies, commissions or departments (including, without limitation, Commerce, the North Carolina State Auditor and the North Carolina Office of State Budget and Management) and any of their authorized representatives, at all reasonable times and as often as necessary (including after the Termination Date), access to and the right to inspect, copy, monitor, and examine all ofthe books, papers, records and other documents relating tot the Grant Agreement, the LBC or the Project. Likewise, the Governmental Unit shall ensure that the Owner and any Business provide the same access. In addition, the Governmental Unit agrees to comply at any time, including after the Termination Date, with any requests by the State (including, without limitation, the Rural Authority or Commerce) for other financial and organizational materials to permit the  other performance goals are being achieved.  Commerce's sole discretion.  Termination Date ofthis Grant Agreement.  cost.  107    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2016-018-3201-2538  State to comply with its fiscal monitoring responsibilities or to evaluate the short- and  long-range impact ofits programs.  10. Termination; Availability vof Funds.  (a). Ifthe Governmental Unit fails to fulfill in a timely and proper manner its obligations or violates any oft the covenants or stipulations under this Agreement, ifthe Owner fails to fulfill in a timely and proper manner its obligations or violates any ofits covenants or stipulations under thel LBC ori ifany Business fails to fulfill those requirements applicable toi it in thel LBC, the Governmental Unit agrees that Commerce has the right to terminate this Grant Agreement and/or the LBC by giving, as applicable, the Governmental Unit or the Governmental Unit and the Owner written notice specifying the Termination Date, which Commerce may determine: in its sole discretion. Upon such termination, Commerce shall have no responsibility to make additional Grant payments. Upon such termination, the Governmental Unit shall not expend any Grant funds (including Loan funds) without Commerce's express written authorization and shall return all unspent Grant funds to Commerce (b). The obligations of the Rural Authority and/or Commerce to pay any amounts under this Grant Agreement are contingent upon the availability and continuation of funds for such purpose. Iffunds for the Grant (and therefore the Loan) become unavailable, the Governmental Unit agrees that Commerce has the right to terminate this Grant Agreement and/or the LBC by giving written notice specifying the Termination Date, which Commerce shall determine in its sole discretion. Upon such termination, the State shall have no responsibility to make additional Grant payments. Further, upon such termination, the Governmental Unit shall not expend any Grant funds (including Loan funds) without Commerce's express written authorization and shall return all  upon demand.  unspent Grant funds to Commerce upon demand.  11. Liabilities and Loss. The Governmental Unit hereby agrees to release, indemnify and hold harmless the State (including, without limitation, the Rural Authority and Commerce), and their respective members, officers, directors, employees, agents and attorneys (together, the Indemnified Parties"), from any claims ofthird parties (including, without limitation, the Owner and thel Business) arising out of any act or omission of the Governmental Unit or any third party (including, without limitation, the Owner and the Business) in connection with the performance of this Grant Agreement, the LBC or the Project, and for all losses arising from their implementation. Without limiting the foregoing, the Governmental Unit hereby releases the Indemnified Parties from, and agrees that such Indemnified Parties are not liable for, and agrees to indemnify and hold harmless the Indemnified Parties against, any and all liability or loss, cost or expense, including, without limitation, reasonable attorneys' fees, fines, penalties and civil judgments, resulting from or arising out of ori in connection with or pertaining to, any loss or damage to property or anyi injury to or death of any person occurring in connection with the Project, or resulting from any defecti in the fixtures, machinery, equipment or other property used in connection with the Project or arising out of, pertaining to, or having any connection with, the Project or the financing thereof (whether arising out of acts, omissions, or negligence oft the Governmental Unit or  108    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2016-018-3201-2538  ofanyt third party (including, without limitation, the Owner and the Business), or of any of their agents, contractors, servants, employees, licensees, lessees, or assignees), including any claims and losses accruing to or resulting from any and all subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, 12. Governmental Unit Representations and Warranties. The Governmental Unit hereby  services, materials or supplies in connection with the Project.  represents and warrants that:  (a). The execution and delivery ofthis Grant Agreement havel been duly authorized by all necessary Governmental Unit action and are not in contravention of law or in contravention of the provisions ofanyi indenture agreement or undertaking to which (b). There is no action, suit proceeding, ori investigation at law or in equity or before any court, public board or body pending, or to thel knowledge oft the Governmental Unit, threatened against or affecting it, the Owner or the Business, that could or might adversely affect the Project or any oft the transactions contemplated by this Grant Agreement or the validity or enforceability of this Grant Agreement or the abilities of the Governmental Unit or the Owner to discharge their obligations under this Grant Agreement. Ifit is subsequently found that an action, suit, proceeding, or investigation did or could threaten or affect the development of the Project, the Governmental Unit shall be liable to Commerce for repayment of the entire amount of the Grant and this Grant Agreement may be terminated by Commerce effective upon (c). No consent or approval is necessary from any governmental authority as a condition to the execution and delivery oft this Grant Agreement by the Governmental Unit or thej performance ofa any ofi its obligations hereunder, or all such requisite governmental consents or approvals! have been obtained. The Governmental Unit shall provide Commerce with evidence of the existence of any such necessary consents or approvals at the time oft the execution ofthis Grant Agreement. (e). A cash match grant, loan or other funding ("Cash Match") equal to the amount ofthe Loan shall have been unconditionally committed to the Project. The Governmental Unit shall have procured and contributed at least five percent (5%) oft this Cash Match, but no part ofthis 5% contribution can have derived, either directly or indirectly, from any other State or federal source. All Cash Match funds shall be utilized exclusively for the purpose oft thel Project, and there shall be no improper expenditures of Cash Match funds. All Cash Match funds shall be expended prior to or simultaneously with and at the same rate as the Owner's expenditure ofI Loan (f). Upon the Governmental Unit's reasonable inquiry of and receipt of supporting evidence from the Owner, both the Owner and any Business are duly authorized to do business under North Carolina law and are: not delinquent on any federal, state or  the Governmental Uniti is aj party or by which iti is bound.  notice.  (d). The Governmental Uniti is solvent.  funds.  local taxes, licenses or fees.  109    Rural Economic Development Grant Agreement, Private Owner 13. Cessation/Temination, Bankruptcy, Dissolution or Insolvency.  BUILDING REUSE PROGRAM  2016-018-3201-2538  (a). Under the LBC, the Owner agrees at all times toj preserve its legal existence, except that it may merge or consolidate with or into, or sell all or substantially all ofits assets to, any entity that expreslyundertakes, assumes for itselfand agrees in writing tol be bound by all of the obligations and undertakings oft the Owner contained in the LBC. Ifthe Owner sO merges, consolidates or sells its assets without such an undertaking being provided, it agrees in the LBC to repay to the Governmental Unit or Commerce, upon request and as directed, all unspent Loan funds. Further, a merger, consolidation or sale without such an undertaking shall constitute ai material default under the LBC, and the Governmental Unit or Commerce: may terminate the LBC upon written notice to the Owner and hold the Owner liable for any other (b). Other than as provided forin Paragraph 13(a) above, ift the Owner or any Business ceases to do business or becomes the subject of anyb bankruptcy, dissolution or insolvency proceeding prior to the Termination Date, it shall be the sole responsibility oft the Governmental Unit to (i) immediately notify Commerce and (ii) pursue any claim for Grant funds owed the State by the Owner or Business, including in any legal proceeding, to obtain the maximum payment allowed by law. To the extent the Governmental Unit fails to pursue repayment oft the Grant funds in: such aj proceeding and obtain the maximum payment allowed by law, and without limitation, the Governmental Unit shall be liable to Commerce for all amounts that should have been awarded to the Unit in the proceeding ifit had taken the necessary action (notwithstanding whether such amounts would have actually been paid by the Owner orl Business). Alternatively, without limitation, ifthe Governmental Unit fails to pursue: repayment oft the Grant funds in such aj proceeding and Commerce elects to do soi instead, the Governmental Unit is responsible and agrees to reimburse Commerce for all legal costs and reasonable attorneys' fees that Commerce incurs in pursuing (c). Ifthe Governmental Unit fails to provide Commerce notice of the Owner or any Business ceasing to do business or becoming the subject ofany bankruptcy, dissolution or insolvency proceeding prior to the Termination Date, it shall constitute amaterial default under this Grant Agreement. Ifthere is such a cessation or such a proceeding, Commerce may terminate the Grant Agreement upon written notice to the Governmental Unit. Ifthere is such a cessation or such aj proceeding, the Governmental Unit agrees that Commerce has the right to terminate this Grant Agreement and/or the LBCI by giving, as applicable, the Governmental Unit or the Governmental Unit and the Owner written notice specifying the Termination Date, which Commerce may determine in its sole discretion. Upon such termination, the Governmental Unit, the Owner and any Business shall not expend any Grant or Loan funds without Commerce's express written authorization and shall return all unspent Grant or Loan funds to Commerce upon demand and ifpermissible under applicable  repayment provided for under the LBC.  repayment.  bankruptcy, dissolution or insolvency law.  110    Rural Economic Development Grant Agreement, Private Owner 14. Additional Repayment Requirements and Remedies.  BUILDING REUSE PROGRAM  2016-018-3201-2538  (a). The repayment requirements and remedies addressed in this Paragraph 14 are in addition to those repayment requirements and other remedies set forth elsewhere in this Grant Agreement, including the requirements to repay unspent Grant funds. No remedy conferred or reserved by or to the State is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall bei in addition to every other remedy provided for in this Grant Agreement, or now or hereinafter existing at law, in equity, or by statute, and any such right or power may be exercised from time to time and as often as may be (b). Iftherei is al breach of any oft the requirements, covenants or agreements in this Grant Agreement or the LBC, orifthere are any representations or warranties which are untrue as to ai material fact in this Grant Agreement, the LBC ori in relation to the LBC or the Project (including the performance thereof), the Governmental Unit agrees that Commerce has the sole discretion to require repayment from the Governmental Unit of an amount of Grant funds to be determined in Commerce's sole discretion but not to exceed the amount of Grant funds the Governmental Unit has already received under this Grant Agreement. Such requirements, covenants or agreements include but arei not limited to Paragraphs 1, 2(a), 4, 10(a), 12 and 13 of this Grant Agreement and include but are not limited to the creation and retention of thel New Jobs and the retention ofthel Baseline Number ofjobs under the LBC.  deemed expedient.  15. No Waiver by the State. Failure ofthe State (including, without limitation, the Rural Authority and Commerce) at any time to require performance of any term or provision of this Grant Agreement or the LBC shall in no manner affect the rights oft the State at al later date to enforce the same or to enforce any future compliance with or performance of any of the terms or provisions hereof. No waiver ofthe State ofany condition or the breach ofany term, provision or representation contained in this Grant Agreement or the LBC, whether by conduct or otherwise, in any one or more: instances, shall be deemed to be or construed as ai further or continuing waiver of any such condition oroft thel breach ofthat or any other 16. Waiver ofObjections to Timeliness ofLegal Action. The Governmental Unit knowingly waives any objections it has or may have to timeliness ofany legal action (including any administrative petition or civil action) by the State (including, without limitation, the Rural Authority or Commerce) to enforce its rights under this Grant Agreement. This waiver includes any objections the Governmental Unit may possess based on the statutes of  term, provision or representation.  limitations or repose and the doctrines ofe estoppel or laches.  17. Force Majeure. If(a) during the term oft this Grant the real or personal property located on or constituting the Property suffers damage or destruction caused by acts of God, fires, floods, storms, insurrection, riots, acts oft the public enemy, national catastrophe, or similar unexpected events, (b) such damage or destruction was not principally caused by the negligence, willful misconduct or violation ofapplicable law by the Owner, (c) the Owner uses reasonable efforts to repair, or to work around, such damage or destruction reasonably  111    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2016-018-3201-2538  promptly, and (d) as a direct result of such damage or destruction the Owner cannot satisfy the requirements and obligations of Sections 3 of the LBC as and when the LBC requires, then the Owner will be entitled to an extension of time not to exceed sixty (60) days to satisfy the requirements and obligations of Section 3 oft the LBC; provided that the Governmental Unit ini its sole discretion with respect to the obligations iti is owed by the Owner, may elect to extend that sixty day period to give the Owner additional time to  satisfy those requirements. 18. Special Provisions and Conditions.  (a). Non-discrimination. The Governmental Unit agrees not to discriminate by reason of age, race, religion, color, sex, national origin or disability related to the activities of (b). Conflict ofl Interest. The Governmental Unit shall forward to Commerce along with the executed copies ofthis Grant Agreement a copy ofits policy and any ordinance or resolution it has adopted addressing conflicts ofinterest that may arisei involving the members oft the Governmental Unit's governing body and/or any ofits employees or officers involved in the Grant, the LBC or the Project. Such policy, ordinance or resolution shall address situations in which any of thesei individuals may directly or indirectly benefit, other than through receipt of their normal compensation in their capacities as the Governmental Unit's employees, officers or members ofits governing body, from the Grant, the LBC or Project, and shall include actions to be taken by the Unit or the individual, or both, to avoid conflicts ofi interest and the appearance ofi impropriety. Additionally, the Governmental Unit certifies that, as of the datei it executes this Grant Agreement, no such individuals have such a conflict of interest or will directly or indirectly benefit, except in the capacities described above, from the Grant, LBC or Project. Throughout the duration oft this Grant Agreement, the LBC and the Project, the Governmental Unit has the duty toj promptlyinform Commerceofany: such conflict ofinterest or direct ori indirect benefit of fwhichit (c). Compliance with Laws. The Governmental Unit shall at all times observe and comply with all laws, regulations, codes, rules, ordinances and other requirements (together, "Laws") of the state, federal and local governments which mayi in any manner affect the performance oft the Grant Agreement, the! LBC or the Project. (d). Non-Assignability. The Governmental Unit shall not assign or transfer anyi interest in the Agreement without the prior written consent of Commerce; provided, however, that claims for money due to Governmental Unit from Commerce under this Agreement may be assigned to any commercial bank or other financial institution (e). Personnel. The Governmental Unit represents that it has, or will secure at its own expense, all personnel required to monitor, carry out and perform the scope of services ofthis Agreement. Such employees shall not be employees of Commerce. Such personnel shall be fully qualified and shall be authorized under state and local  this Grant Agreement.  becomes aware.  without such approval.  law to perform such services.  112    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2016-018-3201-2538  19. Notice. All notices required or permitted to be delivered hereunder and all communications ini respect hereof shall bei in writing and shall be deemed given when personally delivered or when deposited in the United States mails, certified, return receipt requested, first class,  postage prepaid and addressed as follows:  Ift to the Rural Authority or Commerce: Attn: Hazel Edmond  North Carolina Department of Commerce Rural Economic Development Division 301 North Wilmington Street 43461 Mail Service Center Raleigh, North Carolina 27699-4346 Attn: The Honorable John H. Lampe, II Town of Smithfield PO Box 761 350 East Market Street Smithfield, NC27577-0761  Ifto the Governmental Unit:  ora addressed to such other address or to the attention ofs such other individual as Commerce or the Governmental Unit shall have specified in a notice delivered pursuant to this 20. Entire Agreement. This Grant Agreement supersedes all prior agreements between or among the Rural Authority and/or Commerce and the Governmental Unit with regard to the Project and expresses their entire understanding with respect to the transactions contemplated herein, and shall not be amended, modified or altered except pursuant to a writing signed by both Commerce and the Governmental Unit. 21. Execution. This Grant Agreement may be executed in one or more counterparts, each of which, when executed, shall be deemed an original, and such counterparts, together, shall constitute one and the same Grant Agreement which shall be sufficiently evidenced by one 22. Construction. This Grant Agreement shall be construed and governed by the laws of the 23. Severability. Each provision ofthis Grant Agreement is intended to be severable and, if any provision oft this Agreement is held tol be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect ori impair any other provision of this Grant Agreement, but this Grant Agreement shall be construed as ifsuch invalid, illegal or unenforceable provision had not been contained herein.  subsection.  of such original counterparts. State ofNorth Carolina.  113    Rural Economic Development Grant Agreement, Private Owner  BUILDING REUSE PROGRAM  2016-018-3201-2538  24. Acceptance. Ifthe Governmental Unit agrees to the Grant conditions as stated, please return the executed documents specified in Paragraph 1(a). This Grant may be withdrawn ifCommerce has not received such documents within thirty (30) days from the date oft the cover letter from Commerce to the Governmental accompanying this Grant Agreement and IN WITNESSETH WHEREOF, the parties hereto have executed this Grant Agreement as ofthe  its Exhibits. date first above written.  Town of Smithfield  Signature: Printed Name: Title: Date:  [SEAL]  North Carolina Department of Commerce  *  Signature:  Mthee!  [SEAL]  Printed Name: Dr. Patricia Mitchell, CEcD  Title: Date:  Assistant Secretary, Rural Development Division  1a-16-15  114    EXHIBIT A SCOPE OF PROJECT Project # 2016-018-3201-2538 Town of Smithfield  Atlantic Resources Bright Leaf Boulevard Building Renovation Project  Rural Economic Development Division Building Reuse Program Vacant Building Category Grant  The Town of Smithfield will carry out the terms of this contract as follows:  I. General Project Description  County Tier Requested Amount Leverage Amount Total Investment  3  Project Business  Atlantic Resources 35 35 19 50%  $175,000 Total Jobs Proposed in NC  Recommended Amount $175,000 Total Jobs Committed for the Grant Total Renovation Cost $402,800 Baseline Employment  $562,800 Average Annual Wage (Proposed Jobs) $34,996 $737,800 % of employer paid health premiums  Summary: The' Town of Smithfield, located inj Johnston County, requests assistance to support the reuse of an 89,615 sq. ft. building located at 1515 South Bright Leaf Blvd. Thel building was constructed. in 1960 and has been vacant for 20 years. Atlantic Resources Incorporated is an industrial systems design, fabrication, and installation company that specializes inj mechanical systems, thermal imaging, and material handling for industrial and agricultural applications. Clients include Caterpillar, Volvo, GE, LG, and Novol Nordisk. The company has plans to consolidate and expand operations by relocating their) Four Oaks operation and their Smithfield operation int the proposed space. Renovations will include electrical, plumbing, HVAC, and office construction.  Objective:  Grantees and their partners must engage in the activities necessary to develop the project building to accommodate thel business needs. All work should be completed according to the eligible costs provided in the application and contractor's cost estimates submitted.. All activities must meet or exceed all applicable state and local building code  requirements. I.Project Financing  Financing Source(s) ARI KS Bank Town of Smithfield NCI Dept. of Commerce  Amount 335,000.00 219,050.00 8,750.00 175,000.00 737,800.00  $  Total Project Financing $  October 2012  115    EXHIBIT B PAYMENT SCHEDULE  Thel N.C. Department of Commerce shall make payable to' Town of Smithfield a sumi in the amount of  $175,000.00 as outlined below. Eligible Expenditures:  Vacant Building Category: within thes existing building footprint  Rural Health Care Category: within the existing building, additions and/or new construction  Eligible costs under all funding categories include, but are not limited to: materials and labor to install HVAC, electrical, plumbing, fire alarm/suppression systems, roofing, flooring, carpentry, drywall, paint, etc. This is not an exhaustive list; grantees should contact thel Rural Development Division for questions about whethera The following costs are specifically prohibited under the program and may not bes submitted for reimbursement or the matching funds requirement: building purchase, architectural costs, engineering costs, permit fees, surveys, legal fees, machinery & equipment, telephone hardware and software, computer hardware and software, furnishings, paving, fencing, kitchen equipment, refrigeration equipment; etc. This is not an exhaustive list; grantees should contact the Rural Development Division for questions about whether a specific Any company in which any project partner has an ownership or management interest in may act as a contractor for the renovation project only if the company holds a valid NC General Contractors license. The relationship must have been disclosed to thel Rural Development Division and a copy of the company's license must have been included in the application. Licensed contracting companies owned or operated by any project partner that are used int the renovation project will be required to submit original invoices from the provider for all labor, materials, services and subcontracted work plus proof that those invoices have been paid in full.  specific expense is eligible under the program.  expense is eligible under the program.  Reimbursement Requirements: upon receipt of the following: 1. Ac completed financial request form,  Thel N.C. Department of Commerce will reimburse 50% of eligible expenditures up to the total grant amount  2. Proof that the local government has paid its 5% match (first payment request), 3. Copies of eligible project invoices that support the reimbursement request,  4. Evidence that thei invoices submitted for reimbursement have been paid-in-full. Evidence of payment includes copies of checks that have cleared thel bank, proof of wire transfer or ACH payment, and/or credit card: receipts. Invoices paid with cash and those not paid in full will not be reimbursed, and 5. Progress reports must be up to date. See "Exhibit C" of the grant agreement for a reporting schedule specific to your project. Reimbursements will notl be madei if progress reports are not submitted according to the All payment requests must be received by thel N.C. Department of Commerce within 30 days of the end of the contract period. Payments are: subject to the: availability of funds. Payment Request forms can be found under the Grant Applications and Reporting Forms link on our website at www.nccommerce.om.  reporting schedule.  October 2012  116    EXHIBITC REPORTING SCHEDULE  Ina accordance with the contractual agreement between the Town of Smithfield and the N.C. Department of Commerce, progress, final, and audit reports should be submitted according to the following guidelines:  Progress and Final Reports:  Progress reports should bes submitted to thel Rural Development Division. Refer to the reporting schedule Submit al Final) Report to thel Rural Development Division when all aspects of thej project are complete, including  below.  job creation and the 6-month verification period.  Due Date: 7/15/16 1/15/17 7/15/17 11/22/17  Report Due: Progress Report Progress Report Progress Report Final Report  Reporting Period: 10/22/15 to 6/30/16 7/1/16 to 12/31/16 1/1/17 to 6/30/17 7/1/17t to1 10/22/17  Progress/Final Reporting forms can bei found under the Grant Applications and Reporting Forms link thel N.C.  Department of Commerce website at www.nccommerce.com.  Audit Reports:  Due Date: 3/31/17 3/31/18 3/31/19  Report Due: Audit Report Audit Report Audit Report  Reporting Period: FYE 6/30/16 FYE6 6/30/17 FYE6 6/30/18  Failure to submit progress and audit reports as required:  1. 2. 3. 4.  Will result in non-payment of pay requests, Can result in the immediate termination of the grant,  Cani resulti in the demand fori immediate repayment of anyf funds paid by thel N.C. Department Will negatively impact a grantee's ability to get building reuse grants in the future.  of Commerce, and  October 2012  117    EXHIBITD  JOB REPORTING AND CLOSE OUT REQUIREMENTS  Building Reuse and Rural Health Care loans are eligible for forgiveness once the closeout documentation has been submitted and approved by thel Rural Grants/Programs Section. Iti is required that thej jobs created must be full-time (at least 35! hours per week), pay at least minimum wage, and the number of created jobs must be above thel baseline employment level reported in the application. Thel baseline employment and newj jobs  created must be maintained concurrently during the same: six-month period.  Rural DropBox  Wel have developed a secure server and website ("Rural DropBox") dedicated to thel Building Reuse! Program. Thes secure server and website will allow you to submit the employment information without any redactions and will allow your NCI Department of Commerce program manager to accurately verify the employees and their wages through the NCI Department of Commerce's Division of Employment Security. Aj permanent username and password hasl been assigned to this] project and must be used to upload thej job verification documents. The username and password for this project is as follows:  Username: 2016-018-3201-2538 Password: DbyV2014+  Please follow the directions in order to access the Rural DropBox. All job verification documents must be  uploaded via our secure website: 1. Go to wwwancommerecominds 3. Enter a valid email address Click the Browse button 6. Click' "Upload) File"  Enter your username and password (provided above)  2. You will now! be taken to the upload page (read directions and instructions thoroughly) 5. Select the document you want to upload and double click or highlight document and select open;  These submissions will be date and time stamped and you will be alerted via email after you haves successfully submitted your materials. Ita also important to note that your username is the contract number assigned to this  project and must be entered exactly as provided in this exhibit.  Iob) Verification  Grantees should submit the following as evidence of job creation and maintenance:  1. Job Certification Form- - the grantee and thej participating business is required to complete this form that attests to the creation of the number ofj jobs full-time jobs committed to receive the grant. The form mustl be signed by thea authorized: representatives oft the participating business and the local government grantee. 2. NCUI 101 Forms- - the company should submit copies of each company's Employer's Quarterly Tax and Wage Report (NCUI1 101 form) that have been submitted tot thel NCI Employment Security Commission as evidence of the creation of the required number of full-time jobs. The forms must include the appropriate number of quarters to show that the company maintained the required employment level fors six-consecutive months. The employment level reported must meet or exceed thel baseline number of employees reported att the time oft the application plus thei number of new, full-time jobs committed for the grant. Thej jobs created and the  October 2012  118    baseline must bei maintained concurrently during the same six-month period. If thel NCUI1 101 forms include employees from other locations in North Carolina, the names of the employees working in thej project building should bel highlighted. Ift the NCUI 101 forms include both full and part-time employees an "f" should be written next to thei name ofe each full-time employee and a "p" should bev written next to the name of each part-time employee. Tol be considered full-time, the employee must work atl least 35 hours per week and bej paid atl least minimum wage. Part-time, Full-Time Equivalents (FTE) positions, or contract and consulting, jobs will notl be considered to meet the terms of the grant. Alle employee social security numbers must 3. Final Report-grantees must submit thel Final Report Form that describes the activities and outcomes of the 4. Photos- grantees must submit digital photos on CD that show interior and exterior views of the completed  be redacted from thel NCUI 101 forms; however, wage data may notl be redacted.  project. renovation project.  Building Reuse Loan Forgiveness and Closeout Requirements  Once all progress reports, the final report, job certification form, NCUI 101 forms, and photos are: received and approved by thel Rural Grants/Programs Section, the grantee will be. notified that the terms oft the loan have  been met.  All required, forms can be found on the Rural Grants/Programs website at wwwunccommerecomind  October 2012  119    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBIT E 2016-018-3201-2538  (the "Governmental Unit") enters  into this Loan Agreement and Legally Binding Commitment (the "LBC,"i including the "Loan,"  defined below with  (the "Owner" and,  together with the Governmental Unit, the Parties").  WHEREAS, pursuant to N.C.G.S. $9143B-472.127 and .128, the North Carolina Rural Infrastructure Authority (the "Rural Authority") ofthe State of] North Carolina ("State") has awarded a grant (the "Grant") to the Governmental Unit, and the North Carolina Department of Commerce ("Commerce"), an agency of the State, will administer the Grant; and  WHEREAS, the Grant is memorialized in an agreement (the "Grant Agreement") between Commerce and the Governmental Unit, and the Grant Agreement includes Exhibit A (Scope of Project), Exhibit B (Payment Schedule), Exhibit C (Reporting Schedule), Exhibit D (Closeout Schedule/Job Requirements), Exhibit E (this LBC, which incorporates by reference the Grant Agreement and its other Exhibits), Exhibit F (Promissory Note) and! Exhibit G (Waiver of  Confidentiality ("Waiver"); and  WHEREAS, without limitation, the Rural Authority awarded the Grant: (1) based on the application filed byt the Governmental Unit and any subsequent materials supporting the application that have been approved oft by Commerce in writing, all ofwhich are incorporated into the Grant Agreement by reference; (2) based on the representation in the application that the  Owner owns certain real property located at:  in  County, North Carolina (the "Property"); (3) based on  Commerce's Grant requirements and guidelines, which are incorporated herein and which may. be amended, modified or supplemented and applied accordingly to the Grant Agreement and this LBC by Commerce in its sole discretion; and for (4) the creation and retention of certain jobs in the course of completing certain removationsyconstruction work at the Property (altogether, the  "Project," ass summarized in Exhibit A to this Grant Agreement); and  WHEREAS, the Govermental Unit and the Owner are required to enter into this LBC as NOW, THEREFORE, in consideration of the mutual promises and such other valuable consideration set out herein, the Parties mutually agree to the following terms and conditions:  ac condition of the Governmental Unit loaning the Grant funds to the Owner.  120    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBITE 2016-018-3201-2538  1. Third-Party Beneficiary. The Parties agree that the State (including, without limitation, Commerce and the Rural Authority) is an intended third-party beneficiary ofthis LBC (including the Loan) and may, at its option, enforce the terms of this LBC or appear as a  party in any litigation concerning the LBC.  2. Loan.  (a) The Governmental Unit hereby loans to the Owner the sum of $175,000.00 (the "Loan"), which consists entirely of State Grant funds, to fund the Project. Exhibit A tot the Grant Agreement refers to the entity (or entities, as applicable) required to create and maintain certain full-time newj jobs, as defined in Paragraph 3(a), to complete the Project under this LBC as the "Company," the "Employer" and the "Business" (together and hereinafter, the Business"). The Owner specifically acknowledges that: it must repay the Loan in accordance with the terms oft this LBCif the Business does not create and maintain the new jobs required by Paragraph 3(a) below; and as evidence ofits obligation to repay the Loan, the Owner has executed the Promissory Note, Exhibit F to the Grant Agreement, which the Owner represents, acknowledges and agrees has been signed by every individual or entity that has any ownership interest in the Property and is fully binding on the Owner.  (b). As conditions ofreceiving the Loan:  The highest elected official of the Governmental Unit and a duly authorized representative of the Owner shall execute two originals oft the LBC in its exact form (unless Commerce approves of a change to its terms in writing), and the Governmental Unit shall return one such original to Commerce; ii. Every individual or entity that has any ownership interest in the Property shall execute two originals oft the Promissory Note in its exact form, and the Governmental Unit shall return one such original to Commerce; and ii. The Owner and the Governmental Unit shall ensure that an authorized representative of each Business executes a Waiver, Exhibit G to the Grant Agreement, and the Governmental Unit shall forward the original of any such (c). The Owner hereby represents and warrants that all Loan funds shall be utilized exclusively for the purpose of the Project and that it shall not make or approve of any  Waiver to Commerce.  improper expenditures ofI Loan funds.  3. New Job Creation, Maintenance ofl New Jobs and Baseline Number of Jobsand  Verification.  (a). New Job Creation and Maintenance of New Jobs and Baseline Number of. Jobs. A "New. Job" shall mean a full-time job (consisting of at least 35 hours per week of employment and eligibility for all benefits generally available for full-time employees oft the Business) which is withi thel Business, is located in North Carolina, has a wage at! least equal to the minimum wage, is created and maintained by the Business in order to complete the Project and is over and above the 19 full-time jobs in North Carolina ("Baseline Number") that the Business reported having at the time oft the application for the Project. The Owner agrees that the Business shall be required to create and maintain in existence for six (6) consecutive months 35 New Jobs prior to the Termination Date, unless this term is extended pursuant to Paragraph 5. Separate  121    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBIT E 2016-018-3201-1538  and apart from these New Jobs, the Owner agrees that the Business shall bei required tor maintain in existence its Baseline Number of jobs for as long as it takes the Business to create and maintain its required number ofNew. Jobs. (b). Verification. When thel New Jobs required by Paragraph 3(a) havel been created and maintained for six (6) consecutive months, the Owner shall notify the Governmental Unit sO that it and/or Commerce can verify their creation and maintenance, as well as the maintenance oft thel Baseline Number ofj jobs and the satisfaction of all other conditions and terms oft this LBC and the Project. The Owner shall cause any Business to provide to the Governmental Unit and Commerce, or their respective designees, full and complete access to all records ofthe Business necessary to verify the number and types ofjobs created and maintained, the wages paid to employees and all other conditions and terms of this LBC and the Project. Failure ofany Business to provide such access upon request shall constitute a material default by the Owner under the terms oft this LBC and, in the sole discretion oft the Governmental Unit and/or Commerce, may subject the Owner to repayment in an amount calculated  under Paragraph 13 below.  4. Changes in the Project or Other Conditions.  (a). A" "Project Change" is any material alteration, addition, deletion or expansion of the Project, including (without limitation) material changes to construction or rehabilitation, the terms or conditions of the loan under the LBC, the required number ofNew. Jobs, the matching investment in the Project, any cessation ofbusiness by the Owner or any Business and any filing ofbankruptcy by the Owner or any Business. There shall bei no Project Changes unless expressly approved ofby Commerce and the Governmental Unit in a separate, prior written agreement stating, ifa applicable, the (b). Additionally, the Owner shall immediately notify the Governmental Unit of any change in conditions orlocal law, or any other event, which may significantly affect the ability ofit or any Business to perform the LBC or the Project. In their sole discretion, the Governmental Unit or Commerce may deem such a change in conditions, local law or other event to constitute a Project Change.  costs and schedule for completing the Project Change.  5. Term ofLBC. The effective period of this LBC shall commence 10/22/2015 ("Effective Date") and shall terminate 10/22/2017 unless terminated on an earlier date under the terms oft this LBC (either one of which dates shall constitute the Termination Date") or unless  extended for an express term in writing by the Governmental Unit.  6. Independent Status of the Governmental Unit.  (a). The State (including, without limitation, the Rural Authority and Commerce) and the Governmental Unit are independent entities from one another and from the Owner and any third party (including, without limitation, any Business). The Grant Agreement, the LBC, the Project and any actions taken pursuant to them shall not be deemed to create aj partnership or joint venturel between the State and the Governmental Unit or between or among either oft them and the Owner or any third party (including, without limitation, any Business). Nor shall the Grant Agreement, the LBC or the Project be construed to make any employees, agents or members of  122    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBIT E 2016-018-3201-2538  the Owner or any third party (including, without limitation, any Business) into employees, agents, members oro officials ofthe Governmental Unit or the State or to make employees, agents, members or officials ofthe Governmental Unit into employees, agents, members or officials oft the State. Neither the Owner nor any third party (including, without limitation, any Business) shall have the ability to bind the Governmental Unit or the State to any agreement for payment of goods or services or represent to any person that they have such ability. Nor shall the Governmental Unit have the ability to bind the State to any agreement for payment of goods or services (b). The Owner and any third party (including, without limitation, any Business) shall be responsible for payment ofa all their expenses, including rent, office expenses and all forms ofc compensation to their employees. The Owner and any third parties (including, without limitation, any Business) shall provide worker's compensation insurance to the extent required for their operations and shall accept full responsibility for payments ofunemployment tax or compensation, social security, income taxes, and any other charges, taxes or payroll deductions required by law in connection with their operations, for themselves and their employees who are performing work pursuant to this LBC or the Project. All expenses incurred by the Owner or any third party (including, without limitation, any Business) are their sole responsibilities, and neither the Governmental Unit nor the State (including, without limitation, Commerce and the Rural Authority) shall be liable for the payment of any obligations incurred in  orrepresent to any person that it has such ability.  the performanceofthel Project.  7. Project Records.  (a). The Owner shall maintain and cause any Business to maintain full, accurate and verifiable financial records, supporting documents and all other pertinent data for the Project in such ai manner as to clearlyi identify and document the expenditure oft the State funds provided under this LBC separate from accounts for other awards, monetary contributions or other revenue sources for this Project. (b). The Owner shall retain and cause any. Business to retain all financial records, supporting documents and all other pertinent records related to this LBC, the Loan and the Project for aj period offive (5) years from the Termination Date. In the event such records are audited, all such records shall be retained beyond the five-year period until the audit is concluded and any and all audit findings have been resolved. 8. Monitoring, Reports and Auditing. The Owner agrees to generate and to cause any Business to generate such reports regarding the LBC or the Project as may be requested by the Governmental Unit or the State (including, without limitation, the Rural Authority or Commerce) in such form as they may request, including after the Termination Date. The Owner further grants and shall cause any Business to grant the Governmental Unit or the State (including any ofits agencies, commissions or departments such as Commerce, the North Carolina State Auditor and the North Carolina Office of State Budget and Management) and any of their authorized representatives, at all reasonable times and as often as necessary (including after the Termination Date), access to and the right to inspect, copy, monitor and examine all of the books, papers, records and other documents relating to the LBC or the Project. In addition, the Owner agrees to comply and to cause any  123    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBITI E 2016-018-3201-2538  Business to comply at any time, including after the' Termination Date, with any requests by the State (including, without limitation, the Rural Authority or Commerce) for other financial and organizational materials to permit the State to comply with its fiscal monitoring responsibilities or to evaluate the short- and long-range impact ofi its programs. (a). Ifthe Owner fails to fulfill in a timely and proper manner its obligations or violates any ofi its covenants or stipulations under the LBC ori ifany Business fails to fulfill those requirements applicable to it in the LBC, the Owner agrees that the Governmental Unit or Commerce has the right to terminate the LBC by giving the Owner written notice specifying the Termination Date, which shall be determined by the Governmental Unit or Commerce in their sole discretion. Upon such termination, neither the State nor the Governmental Unit shall have any responsibility to make Loan payments. Further, upon such termination, the Owner shall not expend any Loan funds without the express written authorization oft the Governmental Unit and Commerce and shall return all unspent Loan funds to either the Governmental Unit or (b). Ifthe Governmental Unit fails to fulfill in a timely and proper manner its obligations or violates any oft the covenants or stipulations under its Grant Agreement with Commerce, the Owner agrees that Commerce has the right to terminate its Grant Agreement with the Governmental Unit and/or terminate this LBC by giving, as applicable, the Governmental Unit or the Governmental Unit and the Owner written noticespecifying the Termination Date, which Commerce may determine ini its sole discretion. Upon such termination, neither the State nor the Governmental Unit shall have any responsibility to make Loan payments. Further, upon such termination, the Owner shall not expend any Loan funds without the express written authorization of the Governmental Unit and Commerce and shall return all unspent Loan funds to either the Governmental Unit or Commerce, upon request and as directed. (c). Theobligations oft the! Rural Authority and/or Commerce to pay any Grant funds to the Governmental Unit and for the Governmental Unit to pay any Loan amounts to the Owner under this LBC are contingent upon the availability and continuation of funds for such purpose. Iffunds for the Grant and therefore the Loan become unavailable, the Owner agrees. that either Commerce or the Governmental Unit has the right to terminate this LBCI by giving written notice specifying the Termination Date, which either the Governmental Unit or Commerce may determine in their sole discretion. Upon such termination, neither the State nor the Governmental Unit shall have any responsibility to make Loan payments. Further, upon such termination, the Owner shall not expend any Loan funds without the express written authorization of the Governmental Unit and Commerce and shall return all unspent Loan funds to the  9. Termination: Availability of Funds.  Commerce, upon request and as directed.  Governmental Unit or Commerce, upon demand and as directed.  10. Liabilities and Loss. The Owner hereby agrees to release, indemnify and hold harmless the Governmental Unit and the State (including the Rural Authority and Commerce), and their respective members, officers, directors, employees, agents and attorneys (hereinafter collectivelyreferred to as "Indemnified Parties"), from any claims of third parties (including, without limitation; any Business) arising out of any act or omission ofthe  124    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBIT E 2016-018-3201-2538  Owner or anyt third party (including, without limitation, any Business) in connection with the performance of this LBC or the Project, and for all losses arising from implementation of this LBC or the Project. Without limiting the foregoing, the Owner hereby releases the Indemnified Parties from, and agrees that such Indemnified Parties are not liable for, and agrees toi indemnify and hold harmless the Indemnified Parties against, any and all liability or loss, cost or expense, including, without limitation, reasonable attomeys' fees, fines, penalties and civil judgments, resulting from or arising out of or in connection with or pertaining to, anyl loss or damage toj property or anyinjury to or death ofany person occurring in connection with the Project, or resulting from any defect in the fixtures, machinery, equipment or other property used in connection with the Project or arising out of, pertaining to, or having any connection with, the Project or the financing thereof (whether or not arising out of acts, omissions or negligence oft the Owner or of any third party (including, without limitation, any Business), or of any of their agents, contractors, servants, employees, licensees, lessees, or assignees), including any claims and losses accruing to or resulting from any and all subcontractors, material men, laborers and any other person, firm or corporation furnishing or supplying work, services, materials or 11. Owner Representations and Warranties. The Owner hereby represents and warrants that: (a). The Owner and every Business are duly authorized to do business under North Carolina law and are not delinquent on any federal, state or local taxes, licenses or (b). This LBC has been entered into and executed on behalf of the Owner by an individual with full actual and apparent authority to bind the Owner to the terms hereto, and the execution and delivery oft this LBC havel been duly authorized' by all necessary action, and arei not in contravention oflaw nori in contravention of any certificate of authority, bylaws or other applicable organizational documents of the Owner, nor are they in contravention of the provisions of any indenture, agreement or undertaking to (c). The Promissory Note has been executed by every individual or entity that has any ownership interest in the Property andi is fully binding on1 the Owner. (d). There is no action, suit, proceeding or investigation at law ori in equity before any court, public board or body pending, or, to the Owner'sk knowledge, threatened against or affecting the Owner, that could or might adversely affect the Project, the creation ofthe New Jobs or any of the transactions contemplated by this LBC, or the validity or enforceability of this LBC or the Owner's ability to discharge its (e). Upon the Owner's reasonable inquiry ofa any Business, there is no action, suit, proceeding or investigation at law or in equity before any court, public board or body pending, threatened against or affecting any Business that could or might adversely affect the Project, the creation oft the. Jobs or any oft the transactions contemplated by this LBC or the validity or enforceability oft this LBC or the ability of any Business to (f). No consent or approval is necessary from any governmental authority as a condition to the execution and delivery ofthis LBC by the Owner or the performance of any of its obligations hereunder, or else all such requisite governmental consents or  supplies in connection with the Project.  fees.  which the Owner is aj party or by which it is bound.  obligations under this LBC.  create the Jobs specified herein.  125    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBIT E 2016-018-3201-2538  approvals have been obtained. The Owner shall provide the Governmental Unit or Commerce with evidence ofthe existence of any such necessary consents or (g). The Owner is solvent and has inquired of and received reasonable evidence from any (h). A cash match grant, loan or other funding ("Cash Match") equal to the amount of the Loan shall have been unconditionally committed to the Project. The Governmental Unit shall have procured and contributed at least five percent (5%) ofthis Cash Match, but no part oft this 5% contribution can have derived, either directly or indirectly, from any other State or federal source. The Owner hereby represents and warrants that all Cash Match funds shall be utilized exclusively for the purpose oft the Project and that it shall not make or approve ofimproper expenditures of Cash Match funds. The Owner shall expend all Cash Match funds prior to or simultaneously with  approvals at the time of the execution oft this LBC. Business of the solvency oft that Business.  and at the same rate as its expenditure ofLoan funds.  12. Cessation/lemination, Bankruptcy, Dissolution or Insolvency.  (a). The Owner shall at all times preserve its legal existence, except that it may merge or consolidate with or into or sell all or substantially all ofits assets to any entity that expressly undertakes, assumes fori itself and agrees in writing tol be bound by all of the obligations and undertakings oft the Owner contained in this LBC. Ifthe Owner sO merges, consolidates or sells its assets without such an undertaking being provided, it agrees to repay to the Governmental Unit or Commerce, upon request and as directed, all unspent Loan funds. Further, any merger, consolidation or sale without such an undertaking shall constitute ai material default under this LBC, and the Governmental Unit or Commerce may terminate the LBC upon written notice to the Owner and hold the Owner liable for any other repayment provided for under this (b). Other than as provided for inl Paragraph 12(a), ifthe Owner or any Business ceases to dol business or becomes the subject ofany bankruptcy, dissolution ori insolvency proceeding prior tot the Termination Date, the Owner shall give the Governmental Unit immediate notice of the event, shall not expend any Loan funds without the express written authorization oft the Governmental Unit and shall return all unspent Loan funds to the Governmental Unit or Commerce, upon demand and as directed and ifpermissible under applicableb bankruptcy, dissolution or insolvency law. (c). Ifthe Owner fails to provide the Governmental Uniti notice oft the Owner or any Business ceasing to do business or becoming the subject ofany bankruptcy, dissolution ori insolvency proceeding prior to the Termination Date, it shall constitute an material default under this LBC. Iftherei is such a cessation or such aj proceeding, the Governmental Unit or Commerce may terminate the LBC upon written notice to the Owner. Upon such termination, the Owner shall not expend any Loan funds without the express written authorization of the Governmental Unit and shall return all unspent Loan funds to the Governmental Unit or Commerce upon demand and as directed and ifp permissible under applicable bankruptcy, dissolution ori insolvency d). Notwithstanding the foregoing and wherever referred to in this LBC, "ceases to do business" shall not include (I) ceasing operations to maintain, service or upgrade real or  LBC.  law.  126    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBIT E 2016-018-3201-2538  personal property oft the Owner, (2) season shutdowns ofoperations as. long as such cessation does not exceed at total of four (4) weeks in any calendar year (excluding time attributable to an event off force majeure as described below) and (3)u under the circumstances for the period of time described in Paragraph 22 below.  13. Additional Repayment Requirements and Remedies.  (a). The repayment requirements and remedies addressed in this Paragraph 13 are in addition to those repayment requirements and other remedies set forth elsewhere in this LBC, including the requirements to repay unspent Loan funds. No remedy conferred or reserved by or to the State or the Governmental Uniti isi intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy provided for in this LBC, or now or hereinafter existing at law, in equity, or by statute, and any such right or power may be exercised from time to time and as often as may be deemed (b). The Owner acknowledges that the Grant by the Rural Authority and the Loan by the Governmental Unit are predicated upon the creation and maintenance oft the New Jobs and maintenance oft the Baseline Number ofjobs required by Paragraph 3(a) and that failure to create and/or maintain them will constitute a material default of this i. Ifthel Business fails to create and maintain such New Jobs, then the Owner shall repay to the Governmental Unit or Commerce, as directed, an amount equal to the product of( (i) $5,000.00 (the amount ofLoan funds divided by the number of New. Jobs required to be created in Paragraph 3(a) and (ii) the number of New. Jobs required to be created in Paragraph 3(a), minus the number of New Jobs actually created, above the Baseline Number reported, that have been in ii. Additionally, in the event that the Business fails to maintain its Baseline Number ofj jobs as required under Paragraph 3(a), the Business shall lose credit for any qualifying New Jobs under this LBC by the same number ofj jobs that the Baseline Number is short. For example, ift the Baseline Number ofjobs falls short by three (3). jobs as oft the date the Business has created and maintained all required New Jobs, the number ofl New Jobs deemed created and maintained shall be reduced by three (3). The amount the Business must repay shall then iii. Either Commerce or the Governmental Unit shall notify the Owneri in writing of the amount to be repaid and direct the Owner whether to repay such amount to the Governmental Unit for return to Commerce or repay the amount directly to Commerce. All such amounts shall be duei immediately upon demand by the Governmental Unit or Commerce. Ifnot paid within thirty (30) days following demand, the unpaid amount due hereunder and under the Promissory Note shall bear interest at the rate of 10%] per annum after demand until paid. Upon default in such payment, the Governmental Unit or Commerce may employ an attorney to enforce their respective rights and remedies, and the Ownerh hereby agrees to pay the legal costs and reasonable attomeys' fees ofthe Governmental Unit and Commerce plus all other reasonable expenses incurred by such party  expedient.  LBC.  existence for six (6) consecutive months.  be calculated in accordance with Paragraph 13(b)i.  127    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHBIT E 2016-018-3201-2538  ine exercising any ofi its rights and remedies upon such defaults.  (c). Ifthereis is al breach ofa any oft the requirements, covenants or agreements in this LBC (including, without limitation, a failure to repay the amount required under Paragraph 13(b) within the time required), ori if there are any representations or warranties which are untrue. as to ai material fact in this LBC ori in relation to the LBC or the Project (including the performance thereof), the Owner agrees that the Governmental Unit or Commerce mayi require repayment from the Owner of an amount of Loan funds to be determined in their sole discretion but not to exceed the amount ofl Loan funds the Owner has already received under this LBC. Such requirements, covenants or agreements include but are not limited to Paragraphs s2,3,4,9, 11 and 120 ofthis LBC. 14. No Waiver by Governmental Unit or the State. Failure oft the Governmental Unit or the State (including, without limitation, the Rural Authority and Commerce) at any time to require performance of any term or provision oft this LBC shall in no manner affect the rights of the Governmental Unit or the State at al later date to enforce the same or to enforce any future compliance with or performance of any oft the terms or provisions hereof. No waiver oft the Governmental Unit or the State of any condition or the breach ofa any term, provision or representation contained in this LBC, whether by conduct or otherwise, in any one or morei instances, shall be deemed to be or construed as a further or continuing waiver ofany such condition or oft the breach of that or any other term, provision or representation. 15. Waiver of Objections to Timeliness of Legal Action. The Owner knowingly waives any objections it has or may have to timeliness of any legal action (including any administrative petition or civil action) by the Governmental Unit or the State (including Commerce) to enforce their rights under this LBC. This waiver includes any objections the Owner may possess based on the statutes oflimitations or repose and the doctrines of estoppel or  laches.  16. Special Provisions and Conditions.  (a). Nondiscrimination. The Owner agrees that it will not, and will ensure that the Business will not, discriminate by reason of age, race, religion, color, sex, national origin or disability related to the activities of this LBC or the Project. (b). Compliance with Laws. The Owner shall at all times, and shall cause any Business at all times to, observe and comply with all laws, regulations, codes, rules, ordinances and other requirements (together, "Laws")oft the state, federal and local governments which may in any manner affect the performance oft the LBC or the Project. (c). Non-Assignability. The Owner shall not assign or transfer any interest in the LBC without the prior written consent of the Governmental Unit and Commerce; provided however, that claims for money due to the Owner from the Governmental Unit under this LBC may be assigned to any commercial bank or other financial institution (d). Personnel. The Owner represents that it and any Business have or will secure at their own expense all personnel required to monitor, carry out and perform the scope of services oft this LBC and the Project. Such employees shall not be employees ofthe State (including, without limitation, the Rural Authority or Commerce) or the Governmental Unit. Such personnel shall bei fully qualified and shall be authorized  without such approval.  128    Rural Economic Development Loan Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHBIT E 2016-018-3201-2538  under state and local law to perform such services.  17. Notice. All notices required or permitted hereunder and all communications in respect hereof shall be in writing and shall be deemed given when personally delivered or when deposited in the United States Mail, certified, return receipt requested, postage prepaid, and  addressed as follows: Ift to the Governmental Unit:  Attn:  To the Owner:  Attn:  or addressed to such other address or to the attention of such other individual as either party 18. Entire Agreement. This LBC supersedes all prior agreements between the Governmental Unit and the Owner with regard to the Loan and the Project and expresses their entire understanding with respect to the transactions contemplated herein, and shall not be amended, modified or altered except pursuant to a writing signed by both Parties. 19. Execution. This LBC may be executed in one or more counterparts, each ofwhich, when executed, shall be deemed an original, and all such counterparts, together, shall constitute one and the same LBC which shall be sufficiently evidenced' by one ofs such original  above shall specify in a notice pursuant to this subsection.  counterparts. Carolina.  20. Construction. This LBC shall be construed and govemed by the laws of the State ofNorth 21. Severability. Each provision of this LBC isi intended to be severable and, ifany provision ofthis LBCi is held to bei invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect or impair any other provision of this LBC, but this LBC shall be construed as ifsuch invalid, illegal or unenforceable provision had not  been contained herein.  129    Rural Economic Development Loan. Agreement and Legally Binding Commitment, Private Owner BUILDING REUSE PROGRAM  EXHIBITI E 2016-018-3201-2538  22. Force Majeure. If(a) during the Grant Term the real or personal property located on or constituting the Property suffers damage or destruction caused by acts ofGod, fires, floods, storms, insurrection, riots, acts of the public enemy, national catastrophe, or similar unexpected events, (b) such damage or destruction was not principally caused by the negligence, willful misconduct or violation of applicable law by the Owner, (c) the Owner uses reasonable efforts tor repair, or to work around, such damage or destruction reasonably promptly, and (d) as a direct result ofsuch damage or destruction the Owner cannot satisfy the requirements and obligations of Sections 3 ofthis Agreement as and when this Agreement requires, then the Owner will be entitled to an extension oft time not to exceed sixty (60) days to satisfy the requirements and obligations of Section 3 oft this Agreement; provided that the Governmental Unit ini its sole discretion with: respect to the obligations it is owed by the Owner, may elect to extend that sixty day period to give the Owner additional time to satisfy those requirements. IN WITNESS WHEREOF, the parties hereto have executed this LBC as oft the date first  above written.  Governmental Unit Name:  Signature: Printed Name: Title:  [SEAL]  Owner Name: Signature: Printed Name: Title:  [SEAL]  130    Promissory Note, Private Owner BUILDING REUSE PROGRAM  EXHIBITF 2016-018-3201-2538  For VALUE RECEIVED and subject to the terms of and secured by the Rural Economic Development Loan Agreement and Legally Binding Commitment - Private-Owner Building Reuse Program, Reference Number 2016-018-3201-2538: ("LBC,"which isi incorporated by reference herein), the undersigned borrower/s] (the "Owner")jointly and severally promise!s] to pay to lender the Town of Smithfield ori its assigns (together, the "Governmental Unit") or to the intended third-party beneficiary ofthis Promissory Note, the North Carolina Department of Commerce ("Commerce"), upon demand and as directed by either the Governmental Unit or Commerce, an amount of! principal loan ("Loan"): funds under the LBC up to and including $175,000.00 Dollars but which amount shall not exceed the amount ofLoan funds the Owner has actually received under the LBC, plus interest and attorney's fees as addressed below. Unless otherwise specified herein, capitalized terms in this Promissory Note shall have the same  meaning as those set forth in the LBC.  The Owner acknowledges and represents that: (i) theundersigned is or are the only person(s), entity or entities who or that have any ownership interests in the certain real property  located at:  in  County, North Carolina (the "Property"); and (ii) the undersigned  shall be jointly and severally liable for any and all debts secured by this Promissory Note.  The Owner further acknowledges that: ()in order for the Owner to receive the Loan, the LBC requires the Owner to complete a "Project"; (ii) in order for the Owner to receive the Loan, what the LBC identifies as the "Business" must maintain certain jobs and create and maintain certain other jobs in working with the Owner to complete the Project; (ii) the Loan from the Governmental Unit to the Owner under the LBC consists entirely of a grant from the State of North Carolina to the Governmental Unit, subject to certain clawback provisions; (iv) Commerce is an intended third-party beneficiary to the LBC and to this Promissory Note; and (v) the LBC specifies those circumstances in which the Governmental Unit or Commerce can terminate the LBC and require the Owner to repay an amount of Loan funds according to a formula or else in an amount tol be determined in the sole discretion oft the Governmental Unit or Commerce but which amount shall not exceed the amount ofl Loan funds the Owner has actually received under  theLBC.  Upon default, the Governmental Unit and/or Commerce may employ attorneys to enforce their rights and remedies under this Promissory Note and the LBC, and the Owner agrees to pay their reasonable attorneys' fees, plus all other reasonable expenses they incur in exercising their rights and remedies upon default. The rights and remedies of the Governmental Unit and  131    Promissory Note, Private Owner BUILDING REUSE PROGRAM  EXHIBITI F 2016-018-3201-2538  Commerce, as described in this Promissory Note and the LBC, shall be cumulative and may be pursued singly, successively or together against the Owner (including each oft the undersigned), the Property, or any other funds, property or security held by the Owner forj payment or security, int the sole discretion oft the Governmental Unit and Commerce. The failure to exercise any such right or remedy shall not be a waiver or release ofs such rights or remedies or the right to exercise  any ofthem at another time.  The Owner hereby waives protest, presentment, notice of dishonor and notice of acceleration and maturity and agrees to remain bound for the payment of principal, interest and all other sums due under this Promissory Note and the LBC, notwithstanding any change or changes by way ofrelease, surrender, exchange, modification or substitution of any security for this PromissoryNote, or by way of any extension or extensions oft time for the payment of principal and interest; and the Owner waives all and every kind ofnotice ofs such change or changes and agrees that the same: may be made without notice of or consent to any of them. This Promissory Note may not be amended, changed or altered except in writing  executed by the Owner, the Govemmental Unit and Commerce.  Ifnot repaid within 30 days following demand hereunder, the Loan funds demanded by the Governmental Unit or Commerce under this Promissory Note shall bear interest at the rate of 10% per annum after demand until repaid. Ifeither the Governmental Unit or Commerce initially demands Loan repayment from the Owner ("First Demand") in an amount less than the Loan funds the Owner has actually received under the LBC but, failing to receive repayment and, in its discretion under the LBC, increases the Loan repayment demand ("Second Demand") tot the full amount the Owner has received under the LBC, then such interest on the difference between the First and Second Demands shall begin to accrue as of the date oft the Second  Demand.  For example, ifunder the terms ofthel LBC, a Business engages in an improper expenditure ofLoan funds, the Governmental Unit has the discretion to require in a First Demand the partial repayment ofLoan funds received by the Owner. Interest will begin to accrue at 10% per annum on whatever portion of the sum is not repaid as of the 315 day after the First Demand. Further, ifthe Owner fails to repay the First Demand in full, the Governmental Unit retains the discretion under the LBC to terminate the LBC and issue a Second Demand for the full repayment by the Owner of all Loan funds. Interest will continue accruing at 10% per annum on the original principal amount still unpaid from the First Demand and, following the expiration of30 days from the Second Demand, interest will begin to accrue at 10% per annum  on the additional unpaid principal Loan amount in the Second Demand.  Payment shall be made in lawful money of the United States of America via United States Mail First Class, Federal Express or UPS to the attention oft the person at the address ori in person at the address of the Governmental Unit or Commerce as directed in writing.  This Note shall be governed by, and construed in accordance with, the laws oft the State  ofNorth Carolina.  132    Promissory Note, Private Owner BUILDING REUSE: PROGRAM  EXHIBITF 2016-018-3201-2538  IN WITNESS WHEREOF, the undersigned has (have) caused these presents to be executed under seal, pursuant to authority duly given, the day and year first above written. EVERY SIGNATORY BELOW EXPRESSLY REPRESENTS THAT ALL INDIVUDALS OR ENTITIES WITH ANY OWNERSHIP INTERESTS IN' THE PROPERTY  HAVE EXECUTED THIS PROMISSORY NOTE.  Dated as of: Ifby Individual:  20  Signature: Printed Name:  [SEAL]  Dated as of: Ifby Entity: Signature: Printed Name:  20  [SEAL]  133    Limited Waiver of Confidentiality Unemployment Tax and Wage Records BUILDING REUSE PROGRAM  EAHBIT G 2016-018-3201-2538  Name ofTaxpayer Address: City:  State:  Zip:  Phone: Fed' Tax ID# #:  NCUnemployment Insurance Acct #:  Ihereby waive any right to confidentiality, as found in N.C.G.S. 96-4 or otherwise, for the limited purpose ofauthorizing disclosure of certain information contained ini the quarterly unemployment insurance tax records of the above-named taxpayer (hereinafter, "Company") filed with the Division of] Employment Security ("DES") oft the North Carolina Department of Commerce to the' Town of Smithfield ("Governmental Unit") and to the employees of the Rural Economic Division ofthel North Carolina Department of Commerce ("Rural Division")and members of the North Carolina Rural Infrastructure Authority ("Rural Authority") for the limited purpose ofe evaluating the issuance of and, in the event of such issuance, administering and ensuring compliance with, a grant and loan pursuant to N.C.G.S. 143B-472.127 and.128. Irecognize that DES is authorized to provide thisi information to the public officials of the Governmental Unit, the Rural Division and the Rural Authority in the performance of their public duties and that the verification of employment information for the purpose of administering the grant and loan at issue is within the scope oft the public duties ofthe Governmental Unit, the Rural Division and the Rural Authority. Ihereby authorize DES to disclose information contained in the Company'sg quarterly unemployment insurance tax records (the NCUI-101 or suçcessor form) to the Governmental Unit, the Rural Division and/or the  Authority for these purposes.  Irecognize that unemployment insurance tax information provided in the aggregate to DES and disclosed to the Governmental Unit, the Rural Division and/or the. Authority, and the Company's aggregated tax and wage information provided to or otherwise in possession oft the Governmental Unit, the Rural Division and/or the Authority, may be treated as public information. This waiver is not intended to release the Governmental Unit, the Rural Division and/or the Authority from any obligation they may have under North Carolina law to maintain the confidentiality of any and all information which could reveal or permit someone to ascertain the identity ofany individual employee or that employee's! line item unemployment insurance  tax or other tax or wage information.  Signature Chief Financial Officer or Other Authorized Company Official  Print Name  Title  Date  134    135    Town of Smithfield Town Council Action Form  Item: Request to Increase Water/Sewer Base Charge and Rates  Date of Meeting: January 5, 2016  Date Prepared: December 30, 2015  Staff Work By: Town Manager/Fin. Dir./Utilities Dir.  Presentation: Business Items  Background: Due to ongoing sewer Inflow and Infiltration problems the Water and Sewer Fund reported a net loss again this past year (1.6 million in FY15). These losses indicate that the amounts being charged to customers are not sufficient to cover the cost of providing water and In response to the Local Government Commission (LGC) letter dated December 11, 2015, addressing the financial stability in the Water and Sewer Fund, management is recommending an immediate increase of 5% to the Water and Sewer rates, and an increase in the base charges to $9 and $15 (up from $6.02 and $7.98 respectively). The rate increase will generate some $500,000 additional revenue, just enough to offset the fund balance appropriation adopted in this Fiscal Year's budget. In other words, the increase in rates will reduce the dependency or The attached spreadsheets illustrate the financial impact the rate increase will have on consumers. For instance, customers using 5000 gallons per month would see an increase of Please note, this recommended rate increase only satisfies LGC's first phrase approach and in all likelihood increases may need to be revisited in the upcoming year's budget for FY17.  sewer services to our customers.  drain on water fund balance to balance the Water and Sewer fund budget.  $7.60 per month in their utility bill.  Action Requested: Consider adopting the recommended 5% water and sewer rate increase  and base rate increase of $9 and $15.  136    00  5 S  S  3  137    3  u  4  3 6 968 ER F SSa85 6S & 985 88 6 6 s 6 6 - / N AA  88  R 9  3 6 88?5 88 A $ 6 R8  88388 88 6  88 86 Bes 28 g  8588 8o  $ A 88 0 38 oo  3 A 48 9s  s   d0     $ 6    138    139    Town of Smithfield Town Council Action Form  Item: Fund Balance Retainage Policy for the Water and Sewer Fund  Date of Meeting: January 5, 2016 Staff Work By: Finance Director  Date Prepared: December. 30, 2015  Presentation: Business Items  Background: By establishing a fund balance policy for the Water and Sewer Fund any future rate increases needed to balance the water and sewer fund can likely be phased in depending  on the balance oft the fund.  Arecommended policy will be provided to Council at the January 5th meeting.  Action Requested: Review and approve the recommended Water and Sewer Fund Balance  policy.  140    141    Town of Smithfield Town Council Action Form  Item: Council Appointments to the Triangle J. Council of Governments  Board of Delegates  Date of Meeting: January 5, 2016 Staff Work By: Shannan Williams  Date Prepared: December 22, 2015 Presentation: Business Item  Presentation:  Members of Council serve as alternates and ex-officio members on various Town Boards and other committees. Currently, there is a vacant delegate position and à vacant alternate position on the Triangle J. Council of The Triangle J. Council of Governments (TJCOG) achieves its work through the  Governments Board of Delegates.  following rolls:  Convener and common ground for research, project development,  relationship building and information sharing; Coordinator of efficient regional service; Manager of regional planning projects;  Administrator for regional institutions addressing development, conservation, infrastructure and the delivery of human services; and Provider of technical assistance and data to its member communities. Councilman Harris currently serves as the delegate for the Town of Smithfield, but has asked to be removed. This board consists of a delegate and alternate for each of the participating counties and municipalities in Orange, Chatham, Durham, Moore, Lee, Wake and Johnston Counties. The board typically meets on the fourth Wednesday of each month at 5:30 pm in the TJCOG large conference room located at 4307 Emperor Bld. Suite 110, Durham, NC. More  information is attached hereto. Action Requested  Appoint a member of Council to serve on the Triangle J. Council of Governments Board of Delegates as a delegate and appoint a member of  Council to serve as an alternate delegate.  142    TRIANGLE JCOUNCIL OF GOVERNMENTS  World Class Region  MEMORANDUM  December 1, 2015 TO: FROM:  Commission Chairmen, Mayors, Managers and Clerks  Member Local Governments Lee Worsley, Executive Director  SUBJECT: Confirmation of Delegates  Now that the 2015 local elections are complete and most jurisdictions will soon conduct organizational meetings for the coming term oftheir respective boards, the Triangle. J Council of The Board of Delegates is the governing body of your Council of Governments; therefore, it is very important the board be properly constituted in order for Triangle. J to conduct its business on behalf of the region. Attached you will find a copy of the current listing for the Board of Delegates. Iti is requested that you confirm or update your local government's appointments to the board, including alternates, in order that Triangle J's records may be accurate. Should there be a vacancy in either the delegate or alternate delegate position, it is requested that your board or council take appropriate action to name ai member of your governing body to such position(s). Attached is a document to provide additional guidance as you consider appointments to the Board of Delegates. Among other things, this document outlines the responsibilities and roles of the delegate and alternate delegate. A copy of the 2016 Board ofl Delegates/Executive Committee Triangle J will be addressing many significant regional issues during the upcoming year and it is important that each member government have a delegate at the table. Accordingly, your attention to this matter at your earliest convenience is greatly appreciated. Please reply to Renée Boyette at rboyette@ticog.org or (919). 558-9403 on or before January 8th in order to facilitate follow up Thank you for your time and attention to these important details associated with the Board of Delegates. Feel free to give me a call at (919) 558-9395, or e-mail me at worsley@ycog.org  Governments wishes to update and confirm its Board ofDelegates roster.  meeting schedule is also attached.  for the Council's. January 27th meeting and delegate orientation.  should you have any questions or need assistance.  Attachments  cc: Jennifer Robinson, Chairperson, Triangle JC Council of Governments  www.tycog:org 919.549.0551 Fax: 919.549.9390  4307 Emperor Boulevard,Suite 110, Durham, NC 27703.  143    TRIANGLE JCOUNCIL OF GOVERNMENTS  World Class Region  APPOINTING YOUR TRIANGLE) DELEGATE AND ALTERNATE  With the many appointments that local governments must make each year, it's easy to lose sight of the particulars ofe each. As you consider the coming year's appointments. for your TriangleJ  Delegates and Alternates, here: are ai few points to keep ini mind:  The Delegate you appoint is your voting member on the Board of Delegates - your voice is only heard on Board decisions when your Delegate (or Alternate Delegate) is present for the vote. Thel Delegate you appoint should be willing to regularly attend and participate in all: scheduled meetings oft thel Board of Delegates. Seven Board meetings are: scheduled eachy year, typically on the fourth Wednesday of] January, March, May, June, August, October, and November. Delegates should Certain Delegates have additional responsibilities: as members of the Executive Committee. The Delegate appointed from each county government also serves on thel Executive Committee, along with one municipal delegate from each county. Thel Executive Committee meets in February, April, September, and December, on the: same fourth Wednesday schedule, from 6:00 p.m. until 8:00 p.m. Delegates who also serve on the Executive Committee should be willing to commit to 11 The Delegate you appoint should prepare toj participate by reviewing the agenda and background materials in advance. The agenda packet is posted on our Website and emailed to delegates and Appoint an Alternate Delegate to stand in for your Delegate when they are unavailable, to preserve your) vote on Board of] Delegates business. Alternate Delegates are invited to attend all Board of Delegates meetings, but may only vote when the Delegate is not] present. Ifthe Delegate cannot attend, they should notify the. Alternate Delegate (provided that one is Thel Delegate you appoint should report back to their board or council colleagues about the business conducted at the meetings. Our" "After Action Report," sent to Delegates and Alternates by e- mail following each meeting, is an easy and convenient way for them to sharethisi information. Agood prospect to become al Delegate is someone whoi is interested in regional collaboration, or whol has aj particular interest in aging issues, shared services, long-range planningand/or environmental. issues, including water quality and supply, since these topics are. frequently Ifyou or yourpotential appointees have any questions as you consider your appointments, please feel free to contact Renée Boyette, Assistant to Executive Director, at boyette@ticog.org or  plan on two and one-halfl hours for each meeting, 5:30 p.m. until 8:00 p.m.  meetings eachy year. (Neither group: meets in July.)  alternate delegates prior to the meeting.  appointed) to attend in their place.  discussed at the meetings.  919.558.9403.  www.tcog.org 919.549.0551 Fax: 919.549.9390  4307 Emperor Boulevard,Suite 110, Durham, NC 27703  144    Triangle) J Board ofl Delegates CY2016 (updated 12/1/15)  JURISDICTION DELEGATE* Chatham County Jim Crawford  ALTERNATE Diana Hales Michael Fiocco Bill Haiges Wendy Jacobs Eugene Brown DeVan Barbour Carlton' Vinson Frederick Nelson Jason Thompson David Starling William Overby Charles A. Williams Amy Dalrymple Donald. Andrews Chet Mann Michael Thomason Milton Dowdy Nikki Green Earl McKee Tom Stevens John Burns Denise Wilkie Jason' Wunsch Ken Marshburn Mike Chalk Vicki scroggins-lohnson John Odom Frank Eagles Zachary Donahue John Boyette Beverly Wall Clark  Goldston Pittsboro Siler City Durham Archer Lodge Benson Clayton Kenly Princeton Selma Smithfield Lee County Broadway Sanford Cameron Carthage Robbins Carrboro Chapel Hill Hillsborough Wake County Apex Cary Fuquay-Varina Garner Holly Springs Knightdale Morrisville Raleigh Rolesville Wake Forest Wendell Zebulon  Tim Cunnup Pamela Baldwin Lewis Fadely Eddie Davis Mark Wilson William Massengill Butch Lawter David Grady Donald Rains Cheryl Oliver Perry Harris Tim Sloan Tommy Beal Rebecca Wyhof Jamie Oakley Artie Barber Lonnie English Bethany Chaney Ed Harrison Kathleen Ferguson Sig Hutchinson Bill Jensen Jennifer Robinson Lori Bush Blake Massengill Ronnie Williams Linda Hunt' Williams Hank Dickson James Roberson Steve Rao Kay Crowder Ronnie Currin Greg Harrington Jon Lutz Glenn York  Durham County Fred Foster Johnston County Ted Godwin  Orange County Penny Rich  Bold indicates Executive Committee: members. Y2015-20160ficers Chairman 1stVice-Chair 2ndV Vice-Chair  Jennifer Robinson Ed Harrison Fred Foster  Secretary/Treasurer Ronnie Currin  145    TRIANGLE J COUNCIL OF GOVERNMENTS  World Class Region  2016 Calendar ofMeetings  TJCOG Board ofDelegates and Executive Committee  Date January 27, 2016 March 23, 2016 April27,2016 May 25, 2016 June 22,2016 July 2016 August 24,2016  Meeting Board of] Delegates Board of Delegates Executive Committee Board of Delegates Board ofl Delegates No Meeting Board of Delegates  February24,2016 Executive Committee  September 28, 2016 Executive Committee October26,2016 Board of Delegates November 16, 2016 Board of Delegates December14,2016 Executive Committee  Board of] Delegates: Informal discussion and dinner available at 5:30 p.m.; business meeting begins at 6:15 p.m.  Executive Committee: Dinner available at 6:00 p.m.; business meeting begins at 6:15 p.m.  Meetings are generally held on the fourth Wednesday ofe each month in either the' TJCOG Large Conference Room (BOD), or Executive Conference Room (EC). Thel November andl December meeting schedule has been  adjusted due to thel holidays.  Adopted. August 26, 2015  www.5cog.or8 919.549.0551 Fax: 919.549.9390  4307 Emperor Boulevard,Suite 110, Durham, NC 27703  146    147    Town of Smithfield Town Council Action Form  Item: Discussion Regarding the State Health Plan Date of Meeting: January 5, 2016 Staff Work By: Veronica Hardaway  Date Prepared: December 30, 2015 Presentation: Business Items  Shannan Williams  Background: At the December 8, 2015 Special Meeting, the Human Resources Director was to provide to Council prior to the January meeting with information regarding the Town's current Per December 30th review oft this matter with Interim Manager Jim Freeman, staff has compiled as much of the requested information as possible. As you are aware, the State Health Plan will not allow the Town's current 32 retired employees to be insured sO for comparison purposes,  employee healthcare benefits in comparison to the State Health Plan.  these 32 were not included in the attached spreadsheet.  Items to Note:  Staff used 2016 published State Health Plan premium rates.  Staff did not assume what percentage the Council would elect to pay for dependent The State Health Plan does offer discounts for Wellness participation in Wellness Activities. For budgeting purposes, staff chose to use the highest amount (0 completed Wellness Activities) in the event that some employees chose not to participate in any Staff included all pertinent information including Summary of Benefits and Coverage to Staff has requested a legal opinion from the Town Attorney concerning the retirees and  coverage under the State Health Plan.  Wellness Programs.  allow Council to compare current benefits with potential benefits.  the 'grandfathered" employees.  Itwas also requested that our current carrier be contacted concerning coverage for 32 current retirees and 62 employees that were hired prior to 2007. First Carolina Care's Underwriting Department stated that they would not insure only part of the Town's group. It would have to be the entire group because by insuring 94 people, eventually all would become retirees  making the liability greater due to age and potential health risks.  148    Council also requested that staff contact neighboring Towns who have opted to join the State Health Plan ask how they address the retiree coverage. The Town of Clayton's retirees now receive a stipend in which they were directed to seek their own insurance coverage. In regards to specific questions, Human resources Director Tim Kerigan will be present to Action Requested: Review the attached information and provide specific direction to further  address this matter. pursue this matter.  149    150    151    SUMMARY FOR CURRENT INSURANCE  FIRST CAROLINA CARE  152    153        155    T56    157    08            161    SUMMARY FOR STATE HEALTH PLAN  80/20  1OZ    163    164    165    166    167    168    169    &  170    171    172    @  173    174    175    SUMMARY FOR STATE HEALTH PLAN  70/30  70    177    A 6A  178    179    180    5 A  -  181    182    183    184    185    186    187    188    189    Financial Report        Town of Smithfield Revenues VS. Expenditures  2016YTD GF Revenues VS. Expenditures $4,307,839 $4,462,213  2015 GF Same Period $4,530,718  $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000  $4,500,000 $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000  $3,668  AGFF Revenues2 2015 "GFE Expenditures2015  GF Revenues 2014 "GFE Expenditures? 2014  FY15-16atNov.30  FY14-15atNov. 30  2016 YTD w/S Revenues VS. Expenditures $2,070,055 $2,285,119  2015 w/s Same Period $2.017.463 $2,074,523.  $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0  $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0  "W/SR Revenues 2014 w/S Expenditures: 2014  W/SF Revenues 2015 w/SE Expenditures2 2015  FY15-16atNov.30  FY1415atNov.30  2016YTDI Electric Revenues VS. Expenditures $6,912;462- $6,652,761  2015 Electric Same Period  $7;969,678-  $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000  $6,967,30  $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000  Electr Revenues 2014 ElectE Expenditures 2014  Electr Revenues 2015 ElectExpenditures: 2015  FY15-16atNov.3 30  FY14-15atNov.3 30  190    TOWN OF SMITHFIELD November. 30, 2015 Gauge:5/12 or 41.67 Percent  MAJOR FUNDS FINANCIAL SUMMARY REPORT  41.67%  GENERAL FUND Frequency Monthly Quarterly Monthly Monthly Monthly  Actual FY'14-5 552,153 1,018,994 2,131,536 827,203 1,303,621 1,571,522 140,000 373,542  Budget Actual tol Date YTD%  Revenues  FY'15-16 425,000 810,000 1,990,000 829,400 1,326,200 1,260,756 182,000 397,542 240,300  FY'15-16 Collected 235,639 55.44% 233,867 28.87% 555,239 27.90% 337,887 40.74% 462,737 34.89% 574,704 45.58%  Current & Prior Year Property Taxes Monthly  $5 5,609,217 $ 5,499,200 $ 1,907,766 34.69%  Motor Vehicle Taxes Utility Franchise Taxes Local Option Sales Taxes Aquatic and Other Recreation Sanitation All Other Revenues Loan Proceeds Transfers (Electric and Fire Dist.) Fund Balance Appropriated Total Expenditures General Gov.-Governing Body Non Departmental Debt Service Finance Planning Police Fire EMS General Services/Public Works Streets Motor Pool/Garage Powell Bill Sanitation Parks and] Rec SRAC Contingency (Previously Part Of Gen Gov). AppopatonyComributons Total  0.00% 0.00%  $13,527,788 $ 12,960,398 $ 4,307,839 33.24%  Actual FY'14-5 1,121,506 1,212,677 159,910 305,466 3,232,824 1,410,974 932 497,970 818,543 84,380 992,876 762,054 890,791  Budget Actual to Date YTD%  FY'15-16 1,245,109 1,404,646 134,458 407,786 3,532,799 1,354,571 471,479 544,457 93,220 300,700 1,086,145 807,097 962,336 338,160  FY'15-16  Spent  316,851 $ 277,435 $ 130,604 47.08%  317,567 25.51% 799,974 56.95% 58,925 43.82% 126,294 30.97% 1,187,795 33.62% 451,234 33.31% #DIV/0! 174,460 37.00% 171,904 31.57% 28,829 30.93% 31,128 10.35% 367,951 33.88% 250,819 31.08% 364,729 37.90%  0.00% 0.00%  $11,807,754 $ 12,960,398 $ 4,462,213 34.43%  YTD Fund Balance Increase (Decrease)  191    41.67%  WATER ANDSEWER FUND  Actual FY'14-5 2,700,929 15,312 40,485 415,735  Budget Actual to Date YTD%  Revenues Water Charges Water Sales (Wholesale) Sewer Charges Tapl Fees AlIO Other Revenues Loan Proceeds Fund Balance Appropriated Total  FY'15-16 2,811,738 16,000 10,500 510,000 541,951  FY'15-16 Collected 992,412 35.30% 6,750 42.19% 12,439 118.47%  2 2,044,310 $ 2,144,580 $ 758,268 35.36% 702,966 $ 670,000 $ 300,186 44.80%  0.00% 0.00%  $5 5,919,737 $ 6,704,769 $ 2,070,055 30.87%  Actual FY'14-5 4,833,120 110,404 174,443  Budget Actual to Date YTD%  Expenditures Water Plant Water Distribution/Sewer. Coll (Less Transfers) Transfer to General Fund Transfer to W/S Capital Proj. Fund Debt Service Contingency Total  FY'15-16 4,058,512 149,466 270,709  FY'15-16  Spent #DIV/O! #DIV/O! 1.49% 0.00%  2,013,752 $ 2,226,082 $ 870,968 39.13%  1,411,927 34.79% 2,225  $7,131,719 $ 6,704,769 $ 2,285,120 34.08%  ELECTRIC FUND  Actual FY'14-5 440,314 249,365 75,600  Budget Actual to Date YTD%  Revenues Electric Sales Penalties All Other Revenues Loan Proceeds Fund Balance. Appropriated Total Expenditures AlminsratonvOperations Purchased Power Debt Service Capital Outlay Contingency Transfers to General Fund Total  FY'15-16 375,000 41,000 452,152  FY'15-16 Collected 186,699. 49.79% 21,044 51.33%  $19,144,269 $ 17,244,400 $ 6,704,719 38.88%  $19,909,548 $ 18,112,552 $ 6,912,462 38.16%  Actual FY'14-5 15,914,155 377,579 283,015 243,542  Budget Actual to Date YTD%  FY'15-16 14,200,000 366,240 466,000 636,846 243,542  FY'15-16  Spent  - 1,935,179 $ 2,199,924 $ 871,010 39.59%  5,396,179 38.00% 350,491 95.70% 35,081  0.00%  $18,753,470 $ 18,112,552 $ 6,652,761 36.73%  192    CASH AND INVESTMENTS: 6,627,424 3,679,350 7,083,750 (12,376) 327,971 (8,936) 178,921 68,736 126,068 $18,070,908  General Fund (Includes P. Bill) Water and Sewer Fund Eletric Fund* Capital Project Fund: Wtr/Sewer (45) Capital Project Fund: General (46) Capital Project Fund: Electric(47) Firemen Relief Fund (50) Fire District Fund (51) JB George Endowment (40) Total *Plug  Interest Rate 0.20%  1st CITIZENS NCCMT STIFEL KSI BANK BB&T PNCBANK  10,693,893 2,238,329 0.080% 25,781 Market 4,911,369 .2,.65,&.8 201,536 0.10% 18,070,908  0.12%  Account Balances Confirmed By Finance Director on 12/18/2015  193    Department Reports        MTTHPED  NORTH CAROLINA  FINANCE DEPARTMENTALREPORT FOR NOVEMBER, 2015  SUMMARY OF ACTIVITIES: Daily Collections.. Tax & Vehicle License.. Franchise Tax.... Sales & Use Tax.. Powel Bill.. Total Revenue FINANCE:  $3,546,997 26,789 0 175,793 0 $3,749,579  Expenditures: General, Water, Electric and Firemen's Fund.. $2,568,275 Compiled and submitted monthly retirement report on 11/30/2015  Issued 41 purchase orders  Processed 766 vendor invoices for payment and issued 349 accounts payable checks Prepared and processed 2 regular payrolls and 1 special payroll for Interim Fire Chief. Remitted federal and state payroll taxes on 11/6/2015, 11/19/2015, and 11/20/2015 Prepared special payroll for Police Chiefs Scott longevity pay per his contract Issued 0 new privilege licenses (new law change in effect 7/1/2015)  Collected $1,318 on past due privilege license fees. NOTE: This brings the total collected to $8.388.50. The past due collections are the result of mailing some 284 past due notices to local Bad debt calendar year-to-date collections total $32,463 (EMS = $9,966; SRAC=$ $10,137; and Utility = $12,360). NOTE: Due to tax rate changes at the state level in 2014, debt collections are down some $40,000 when compared tot the same period last year... fewer North Carolina tax:  businesses  Processed 191 NSF Checks (Utility and SRAC).  payers received tax refunds this filing year Other month end data report attached  FINANCE DIRECTOR  Attended Town Council regular meeting on November 3, 2015 Attended Department Head meeting on November 17,2015 Prepared financial PowerPoint presentation for December's Council meeting Submitted Annual Financial Information Report(AFIR) on November: 3, 2015. The AFIR collects revenue and expenditure information that corresponds with the audit. The information is used by the League of Municipalities, Association of County Commissioners, Governmental Units, UNC, Department of] Revenue, US Census, anyone who accesses information on the web  and for legislative research Invoiced 3 grave openings  Responded to multiple questions from auditor on this year's audit Invoiced Smithfield Housing Authority and JCC for resource officers  Implementing a 5% average electric rate reduction to take effect with the. January 2016  bills.  194    Finace Department totals for November 2015  Meter Reading Actual Meters Read Meters Loaded to Hand Held Meter1 Tech Service Hours Billing/Collections Bills Mailed Area Lights Billed JoCo Wholesale water Load Mgmt AC credit Load Mgmt water heater credit Adjustments Delinquent Accts/Late Fees NSF Utility Only Refund Checks Issued Door Hangers Disconect for non-pay Reconnect for payment received Bank Drafts Lockbox ECO Payment Totals  10,005 10,212 0  $0.00  6,091 $2,019,889.17 929 54,022,000 0 612 93 1,409 15 22 312 39 32 713 $396,935.08 1,091 $660,240.61 136 413 3,936 $2,377,403.89 0 2 0 0 2 238 236 100 9 108 0  $34,900.57 $81,039.02 $0.00 -$3,738.00 -$3,595.96 $14,347.14 $3,684.30 $2,604.35  IVR-phone On-Line (website)  $89,254.61 BOTH $0.00 EMS $109.15 SRAC $0.00 Utility $0.00 Utility $109.15 SRAC  Cash Window Transactions/Payments Accts collected from Debt setoff Accts submitted to Debt Setoff Service Orders Requested Orders Completed Orders  Terminated Accounts Meters Rechecked New Turn on Accounts  Meter Tamper/Meter Missing Phone Call Usage CSR-Elaine Inbound Outbound  $0.00  Duration 162 59  4:10:35 1:45:56  GR/Colections-Audrey  195    Inbound Outbound Inbound Outbound Inbound Outbound Total Town (Trunk Lines) Inbound Outbound  60 13 58 6 242 21 1,284 538  1:03:21 0:04:06 1:40:35 0:06:51 1:10:40 0:39:57 36:35:00 21:12:49  Collections Cash Window#2  Switch Board Operator x1101  196    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  350 E. Market St Smithfield, NC 27577 P.O. Box 761, Smithfield, NC: 27577  SMTTHFIED  NORTH CAROLINA  BOARD ACTIONS REPORT- 2015  November  Calendar Year to date  Town Council Rezoning Conditional Use Ordinance Amendment Major Subdivisions Annexations Special Events Planning Board Rezoning Condition Use Ordinance Amendment Subdivisions Annexations  0 0 1 0 0 0  4 3 3 0 0 17  1 0 0 0 0  5 3 3 0 0  Board of Adjustment  Variance Admin Appeal  0 0  0  Historic Properties Commission Certificate of Appropriateness Historic Landmarks  0 0  0 0  197    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  350 E. Market St Smithfield, NC27577 P.O. Box 761, Smithfield, NC27577  SMITHFEID  NORTH CAROLINA  Permit Issued for November 2015  Site Plan Major Site Plan Site Plan Minor Site Plan Zoning Land Use Zoning Sign Total: YTDTotal:  $550.00 $300.00 $750.00 $350.00 $1,950.00 $7,625.00  5 3 8 7 23 96  Permit Type SubType  Permit#  Business Name  Project Address 245 COLLEGE Road 508 SouthThird Street 825 Brogden Road 135 South Third Street 901 South BRIGHTLEAF Boulevard 851West MARKET Street 610POWELL: Street 1329 North BRIGHTLEAF Boulevard 117 North7 THIRD: Street 145 South EQUITY Drive 145 South EQUITY Drive 102 East Wilson Street 117 North THIRD Street 1343 West MARKET Street 808 North Brightleaf Boulevard 110: South EQUITY Drive 233A Airport Industrial Drive 40 BROOKWOOD Drive 1050 Yelverton Grove Road 4057US70BUS  Johnston Community College Parking Kelly'sA Antiques and Thrift Shop Sam's2 Coffee Shop / Restaurant Foodl Lion Food Lion GrayCliff Enterprises Inc Hypnotherapy: Clinic S&MF Fashion  SP15-000047 Site Plan Major Site Plan Lot Rehab  Z15-000124 Zoning Sign 215-000125 Zoning Sign Z15-000126 Zoning Landi Use Z15-000128 Zoning Sign Z15-000127 Zoning Sign Z15-000129 Zoning Land Use Z15-000130 Zoning Land Use Z15-000131 Zoning Land Use  SP15-000048 Site Plan Minor Site Plan Best Western Lighting Plan SP15-000049 Site Plan Minor Site Plan Best Western Lighting Plan SP15-000050 Site Plan Minor Site Plan 14'x14 accessory structure  Z15-000132 Zoning Land Use Z15-000133 Zoning Land Use Z15-000134 Zoning Sign Z15-000135 Zoning Sign Z15-000136 Zoning Sign Z15-000137 Zoning Land Use Z15-000138 Zoning Land Use Z15-000139 Zoning Land Use  Dazzel ME Accessories A-1Minis Storage Brightleaf Motorsports Chipotle Mexican Grill PublicWorks Equipment And Supply, Inc Privacy Fence Air Flow Products Company, Inc  Chipotle Mexican Grill Sign Package 110South EQUITY Drive  SP15-000051 Site Plan Major Site Plan Saint Ann Parrish Center  198    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  350E. Market St Smithfield, NC: 27577 P.O. Box 761, Smithfield, NC: 27577  SMITHFIEID  NORTH CAROLINA  CODE COMPLIANCE MONTHLY REPORT 2015  Nov-15 83 85 70 48 48 1 20 10 1  Calendar Year To date 1327 1324 1484 1092 1092 13 280 95  Written Violations Resolved Violations On Site Meetings Temporary Signs Violations Temporary: Signs Removed Condemned. Structures Removed Community Volunteers Families Helped By Helping Hand Volunteers ADA Compliant Ramps Built By Volunteers  199    Town of Smithfield Fire Department  ylw NORTHCAROIINA I.  6 906  Month Ending: November, 2015  Statistical Section Responded to:  YTD: 86 17 12 1244 17 152 62 129 185 89 52 1874  4 Total Structure Fires Dispatched 3 Confirmed Structure Fires (Our District) Confirmed Structure Fires (Other Districts)  126 EMS/Rescue Calls Vehicle Fires 13 Motor Vehicle. Accidents 5 Fire Alarms (Actual) 9 Fire Alarms (False) 12 Misc./Other Calls 3 Mutual Aid (Received) Mutual Aid (Given)  170 TOTAL EMERGENCY RESPONSES Conducted 34 Fire nspectons/Complance Inspections Conducted 3 Public Fire Education Programs  27 Adults in Attendance 175 Children in Attendance  Conducted 0 Plans Review Consiruction/Renovyation Projects  Issued 0 Fire Code Citations Issued 0 Fire Lane Citations Completed 8 Consultation/Walk Through Completed 14 Re-Inspections Completed 0 Fire Investigations  II. Major Revenues  Inspections: False Alarms:  $1850.00 $750.00  Fire recovery USA: $696.00  Major Expenses for the Month:  200    III. Personnel Update:  No updates at this time  IV.Narrative of monthly departmental activities:  The Fire Department staff participated in a fire prevention program at the South Smithfield Primary School for K-2nd graders The Fire Department staff participated in the Community Fair at The Fire Department staff performed annual service test on all the department apparatus at the Town retention pond. All the The NC Bar Association held a Wills for Heroes at the fire station on Saturday 10-14-15; this event was promoted by Johnston County EMS and was free to all that participated. Some of the Fire The Fire Department held an Engineer Exam for Internal The Fire Department staff participated in a Career Day held at the The Fire Department staff participated in a Lunch with Heroes at  on 10-6-15.  the South Smithfield Primary School on 10-12-15.  apparatus passed theirt test 10-13-15.  Department members participated. applicants on 10-17-15.  Smithfield Middle School 10-24-15.  the West Smithfield Elementary School on 10-24-15.  201    Town of Smithfield Public Works Department November 30, 2015  MTHCQUN  160 5 0  Total Work Orders completed by the Public Works Department  Burials, at $700.00 each = $3,500 Cremation Burial, $400.00 each = $0  $7,000 Sunset Cemetery Lot Sales  $0  Riverside Extension Cemetery Lot Sales  392.59 tons of household waste collected  228  tons of yard waste collected  5.10 tons of recycling collected  40 9 15  Animal Control work orders completed Cats transported to Animal Shelter Dogs transported to Animal Shelter  202    Town of Smithfield  Public Works Appearance Division Buildings, Facilities, and Sign Division  Cemetery, Landscapes, and Grounds Maintenance  Monthly Report November 30, 2015  I.  Statistical Section Burials  5 8 4 27  Works Orders - Buildings & Facilities Division Work Orders - Grounds Division Work Orders - Sign Division  II. Major Revenues  Sunset Cemetery Lot Sales: Riverside Ext Cemetery Lot Sales: Grave Opening Fees: Total Revenue:  $7,000.00 $0.00 $3,500.00 $10,500.00  III. Major Expenses for the Month:  $2,900 to remove a large Oak tree a 522 S 4th Street.  IV. Personnel Update: None for the month  V.  Narrative of monthly departmental activities:  The overall duties include daily maintenance on cemeteries, landscapes, right-of-ways, buildings and facilities. The Public Works safety meeting was on  "Back Pain Lifting Techniques".  203    Town of Smithfield Monthly Report November 30, 2015  Public Works Drainage/Street Division  INCAKUN  I.  Statistical Section  a. All catch basins in problem areas were cleaned on a weekly basis b. 41 Work Orders - 7.32 Tons of Asphalt was placed in 3 utility cuts and 1 C. Division assisted with installation of Christmas decoration. d. Added 9 donated Maple trees (from Starbuck's) to the town nursery. e. 16 Work Orders - 1,275lbs. of Cold Patch was used for30 Potholes. 40 Work Orders were completed regarding Animal Control related issues. 90 Cats and 15 Dogs were transported to the Animal Control Shelter.  overlay.  f.  II. Major Revenues None for the month None for the month IV. Personnel Update: None for the month  III. Major Expenses for the Month:  V.  Narrative of monthly departmental activities:  The Public Works Department Safety Training was on "Back Pain / Lifting  Techniques"  204    Town of Smithfield Public Works Department November 2015 Drainage Report  Location: Starting Date: Completion Date: Description Man-hours: Equipment: Materials: Location:  115 WI Langdon. Ave. 11/4/2015 11/4/2015 4hrs. 2yards of fill dirt.  Repaired drain and backfilled sink hole for positive drainage. 420 Cat backhoe, 402 pickup plus hand tools.  S7 and Lee! Street, 275-735-1 145-203 Equity,302 MLK, Town Hall Parking Lot, 408 North Street, N 7th and Caswell, N 5th and Caswell, 118 W Caroline Ave, Outlet Center and Venture, 2"and Davis, 410 Canterbury, 45 Peedin Road, 809 Venture Drive. Repaired 30 potholes with Perma Patch asphalt. 402 pickup plus hand tools. 25.5 bags ofPerma Patch Asphalt.  Starting Date: Completion Date Description: Man-hours: Equipment: Materials: Location: Starting Date: Completion Date Description: Man-hours: Equipment: Materials: Location: Starting Date: Completion Date: Description; Man-hours: Equipment: Materials: Location: Starting Date: Completion Date: Description: Man-hours: Equipment: Materials:  11/4/2015 11/25/2015 8hrs.  North and 12 Street, g" and Hancock, Davis and S3", N Equity beside  Nail Place. 11/6/2015 11/6/2015 Repaired 3 utility cuts and 1 overlay. 16.5hrs 420 Cat backhoe, 405 Dump truck, 402 pickup. 7.32 tons ofI2 asphalt. 933 Rand Street. 11/9/2015 11/9/2015 Shrs. 6yards of57 stone. 601Ng Street. 11/12/201 11/13/2015 4hrs.  Repaired holes in driveway approach with 6yards of57 stone. 420 Cat back hoe, bobcat with pebble peeler.  Repaired large sink hole beside catch basin with 3000 psi concrete. 420Cat backhoe, 405 Dump truck, 402 pickup One yard of3000psi concrete, 1 yard ofs sand.  205    Town of Smithfield Public Works Department November 2015. Drainage Report  Location: Starting Date: Completion Date: Description Man-hours: Equipment: Materials: Location: Starting Date: Completion Date Description: Man-hours: Equipment: Materials: Location: Starting Date: Completion Date Description: Man-hours: Equipment: Materials:  41 Dail Street. 11/16/2015 11/16/2015 3hrs. 420 Cat backhoe, 402 pickup. 2 yards oft topsoil. Starbucks's Outlet Center Drive. 11/18/2015 11/18/2015 12hrs. 420 Cat backhoe, 402 plus trailer. N/A Down Town District, town facilities. 11/19/2015 11/24/2015 Installed Christmas decoration. 120hrs. 402 Pickup plus hand tools. 2 cases of c-7 bulbs.  Repaired damaged shoulder ofroad due to large truck ruts.  Picked up 9 donated Maple trees and healed in at' Town nurserys site.  206    207    Town of Smithfield Monthly Report November 30, 2015  Public Works Fleet Maintenance Division  SOTICLOLNA  I.  Statistical Section 5 Preventive Maintenances 0 North Carolina Inspections 40 Work Orders  II. Major Revenues  None for the month  III. Major Expenses for the Month:  None for the month IV. Personnel Update:  None for the month  V.  Narrative of monthly departmental activities:  The shop employee performed preventive maintenances on all Town owned generators.. The Public Works Department Safety Training was on "Back Pain /  Lifting Techniques"  208    Town of Smithfield Monthly Report November 30, 2015  Public Works Sanitation Division  INCANINI  I. Statistical Section  The Division collected from approximately 4100 homes, 4 times during the month a. Sanitation forces completed 25 work orders b. Sanitation forces collected 392.59 tons of household waste C. Sanitation forces disposed of 114 loads of yard waste and debris at Spain d. Recycling forces collected 0 tons of clean wood waste (pallets) e. Town's forces collected 0 tons of construction debris (C&D) Town's forces disposed of 0 scrap tires g. Recycling forces collected 2.10 tons of recyclable plastic h. Town's forces collected 1,340 Ibs. of cardboard Disposed of 4,940 Ibs. of plastics & glass  Farms Nursery  f.  i. At total of 0 gallons of cooking oil was collected at the convenience site  j.  II. Major Revenues  a. Received $22.05 from Sonoco Products for cardboard material b. Sold 0 Ibs. of aluminum cans for $0.00 C. Sold 0 Ibs. of shredder steel for $0.00 to Omni Source  III. Major Expenses for the Month: knuckle boom loader trucks. IV. Personnel Update: sanitation crew.  Spain Farms Nursery was paid $2,592.00 for disposal of yard waste and debris. Peterson Industries was paid $978.88 to replace a cylinder hoist on one of the  Due to the lack of man power a temporary employee was hired to help out the  V. Narrative of monthly departmental activities:  The department worked closely with Parks & Recreation and Downtown Development on providing traffic control devices and event containers for Special events held at the Parks. The Public Works Department Safety Training was on  "Back Pain / Lifting Techniques".  209    SMITHFIELD al  PARKS & RECREATION  PARKS & RECREATION MONTHY REPORT NOVEMBER, 2015  SMITHFIELD RECREATION AND AQUATICS CENTER  F Parks and Recreation and SRAC Programs/Events Programs/Events in progress of recently completed: 38 SRAC paid day pass visitors > 333 ($2,384.00) SRAC complimentary day pass visitors > 17  Total Programs/Events participants: 4214 (does not include spectators) SRAC member visits > 4580*(does not include spectators, meeting attendees, etc.) SRAC Facility Rentals (Banquet Room, Gym, M-P Room) > 434 (20 Rentals) SRAC Pool Rentals (Parties, Churches, Day Camps, etc.) > >1450 (29 Rentals) P&R Athletic games, practices and tournaments > 286 (participants included in Total" above)  P&R Facility Rentals (fields, shelters, etc.) > 983 (13 Rentals)  TOTAL DIRECT CONTACTS > 11612  II. Budget Information Through 11/30/15 & YTD:  Parks and Recreation Expenditures > approximately 31% SRAC Expenditures > approximately 39% SRAC Revenues collected > approximately 39%  III. Highlights  Hosted Triangle Select League Baseball Tournament with 20 teams and 276 players Began winter programming including youth basketball and high school swimming.  POST OFFICE BOX 2344 a 600 BOOKER DAIRY ROAD a SMITHFIELD, NC 2 27577  OFFICE (919)934-2148 a FAX (919)934-6554  210    SMITHFIEI  NORTH CAROLINA Utilities Department Monthly Report November: 2015  Statistical Section  Electric CPI Demand 20,700 Kw relative to October's demand of was 16,878 Kw. Electric System Reliability for was 99.9976% relative to October's 100%. Raw water treated on a daily average was 3.235 MG relative to 3.190 MG for October; with maximum demand of3.960 MG relative to October's 3.927 MG. Total finished water to the system was 81.136 MG relative to October's 88.944 MG. Average daily for the month was2.617 MG relative to October's 2.869 MG. Daily maximum was 3.150 MG (November 2nd) relative to October's3.264 MG. Daily minimum was 2.282 MG (November 24th), relative to October's2.573 MG.  Miscellaneous Revenues  Electrical sales were $1,287,09Orelative to October's sales of$1,432,349 Water sales were $164,239 relative to October's $173,442 Sewer sales were $223,333 relative to October's $231,235  Johnston County Water purchase were $62,339 for 41.600 MG relative to  October's $81,033 for 54.022MG Major Expenses for the Month  Electricity purchases were $934,082 relative to October's5786,623 Johnston County sewer charge was $226,111 for 75.417 MG relative to  October's $200,229 for 66.945 MG.  Personnel Changes  211    Town of Smithfield Water Treatment Plant  Allf figures are in MGD. Nov' '15 Monthly Totals Finish Metered 2.941 3.246 2.798 2.927 3.110 2.854 3.110 3.021 3.005 2.929 2.504 2.989 2.873 2.925 2.706 2.821 2.797 2.874 3.041 2.713 2.887 2.399 2.649 2.367 2.440 2.593 2.491 2.686 2.622 2.525 83,843 2.795 3.246 2.367  Rate of Flow 4.00 4.00 3.80 3.80 3.80 3.80 3.80 3.80 3.80 3.80 3.80 3.80 3.80 3.80 3.80 3,80 3.80 3.80 3.80 3.80 3.80 3.80 3.80 3.80 3.80 3.80 3.80 3.80 3.80 3.80 114.40 3.81 4.00 3.80  Hrs. Operated 22.3 23.8 21.2 22.1 21.6 22.1 21.2 22.3 21.4 21.8 19.5 23.0 21.2 22.2 20.4 20.9 22.7 19.9 23.6 20.0 20.2 19.0 19.2 18.0 15.9 18.4 16.6 17.2 18.0 14.9 610.6 20.4 23.8 14.9  Raw Treated 3.715 3.960 3.349 3.507 3.415 3.495 3.354 3.526 3.387 3.453 3.082 3.647 3.360 3.515 3.234 3.303 3.596 3.157 3.742 3.167 3.198 3.007 3.044 2.847 2.912 2.522 2.629 2.716 2.850 2.360 97.049 3.235 3.960 2.360  Plant Useage 0.0950 0.0960 0.0980 0.0920 0.0950 0.0910 0.0910 0.0920 0.0917 0.0920 0.0860 0.0970 0.0900 0.0930 0.0880 0.0890 0.0930 0.0890 0.0940 0.0880 0.0900 0.0840 0.0890 0.0850 0.1230 0.0880 0.0490 0.0860 0.0870 0.0850 2.707 0.090 0.123 0.049  Finish to %of RAW TREATED  Date 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Total Avg Max Min  Dist. System 2.846 3.150 2.700 2.835 3.015 2.763 3.019 2.929 2.913 2.837 2.418 2.892 2.783 2.832 2.618 2.732 2.704 2.785 2.947 2.625 2.797 2.315 2.560 2.282 2.317 2.505 2.442 2.600 2.535 2.440 0.000 81.136 2.617 3.150 0.000  TOSYSTEM 76.61 79,55 80.62 80.84 88.29 79.06 90.01 83.07 86.01 82.16 78.46 79.30 82.83 80.57 80.95 82.71 75.19 88.22 78.75 82.89 87.46 76.99 84.10 80.15 79.57 99.33 92.89 95.73 88.95 103.39 #DIV/O! 83.60  212    SMITHHED  NORTH CAROLINA  MONTHLY WATER LOSS REPORT  NOVEMBER 2015  WUNE-/POL-2DAS X4"L LINE-1 1/8" HOLE - 1DAYS 34" INE-1/BHOIE-1DAY X4"LINE- 1/16" HOLE -1DAY 34" LINE -1/8" HOLE- 1DAY 2"LINE-1 1/8'HOLE-1DAY  213    99  91e  99  2u1w 4ee  214    NORTH CAROLINA  Town Of Smithfield WATER AND SEWER Monthly Report NOVEMBER 2015  I.  Statistical Section REPLACED 4 WATER METERS SET 0 METERS FOR NEW ACCOUNTS REPAIRED 6 LEAKS REPAIRED 7 SEWERS WASHED 5997 FEET SEWER LINES MADE 0 WATER TAPS, AND 0 SEWER TAP  II.  Major Revenues NA  III. Major Expenses for the Month:  IV. Personnel Update  V.  Miscellaneous Activities: RODDED 24 SEWER SERVICES REPAIRED 0 FIRE HYDRANTS SERVICE CALLS 127 LOCATES 152 CHECK 18 LIFT STATIONS DAILY FLUSHED DEAD ENDS 17 TIME  215    SMITHFEI  NORTH CAROLINA  Town of Smithfield Electric Department Monthly Report November, 2015  I.  Statistical Section Street Lights repaired -21 Area Lights repaired -8 Service calls - 32 Underground Electric Locates -95 Poles changed out or installed -4 Underground Services Installed -1  II.  Major Revenues N/A  III. Major Expenses for the Month:  N/A N/A  IV. Personnel Update:  V. Miscellaneous Activities: Install all Christmas Decorations. Crestview, Heath & Langdon Streets.  Done conversion work of switching over transformers in the area of Kay Dr.  216