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  SMITHPED  NORTH CAROLINA  Town Council  Agenda Packet  Meeting Date: Tuesday, February 2, 2016 Meeting Place: Town Hall Council Chambers  Meeting Time: 7:00  p.m.  350 East Market Street Smithfield, NC 27577        SMHED  NORTH CAROLINA TOWN OF SMITHFIELD TOWN COUNCIL AGENDA REGULAR MEETING FEBRUARY 2, 2016  7:00 PM  Call to Order Invocation: Pledge of Allegiance Approval of Agenda  Page  Presentations:  1. Administering Oath of Office to new Police Officer -1 Tyler Hayes (Mayor-M.A Andy Moore) See attached information..  2. Information concerning the buffer and fencing of the Pine Acres Subdivision and the  Smithfield Crossings Project.  (Planning Director - Paul Embler) See attached information..  Public Hearing:  1. CUP-15-06 Caliber Development, Inc.: The applicant is requesting a conditional use permit to allow for the construction of an 80 foot high wood pole with radio antenna on property located within a B-3 (Business) zoning district. The property considered for approval is located on the southeast side of the intersection of Powell Street and Computer Drive and further identified as. Johnston County Tax ID# 15J08067. (Planning Director - Paul Embler). See attached information.  11  Citizens Comments: 1. Keith Branch Consent Agenda Items:  1. Approval of Minutes: January 5, 2016 = Regular Meeting  January 5, 2016 - Closed Session (Under Separate Cover) January 14, 2016- - Closed Session (Under Separate Cover).  January 14, 2016 - Special Meeting  35    Page  2. Consideration and Approval of a motion to not require a Performance Bond in the amount of $3300.00 in the purchase of the Firetruck that was approved at the. January  Meeting.  (Interim Fire Chief-J John Blanton) See attached information.. 3. Consideration and Approval of various FY 2015-2016 Budget Amendments (Finance Director- - Greg Siler) See attached information..  51 53  4. Consideration and Approval of Resolution #5 575 (02-2016). Authorizing the disposition of certain surplus property and auctioning of that property by the electronic auction  service of GovDeals.com.  (Town Clerk - Shannan Williams) See attached information.  55  5. Consideration and Approval of Resolution # 576 (03-2016) Supporting the $2 Billion Bond Campaign for Education, Agriculture, Parks, Water & Sewer. Interim Manager Jim Freeman and Interim Public Utilities Director Pete Connet support the efforts of the NCLM in endorsing this resolution as grant funding could be possible for sewer and (Interim Manager. Jim Freeman and Interim Public Utilities Director Pete Connet) 6. - Consideration and Approval of an agreement with BB&T in the amount of $25,000 to  water projects. See attached information. purchase the Family Life Center.  57  (Town Attorney- - Bob Spence) See attached information..  59  7. Consideration and Approval to enter into a Professional Service Agreement with Skip Greene and Associates, Inc. for the administration of the Building Reuse Grant for ARI,  Inc.  (Interim Manager - Jim Freeman) See attached information.  61  8. Consideration and approval ofa bid award in the amount of $14,963.00 for renovations to the Public Works Building. This was approved in the FY2015-2016 budget. (Public Works Director - Lenny Branch) See attachedi information..  .69  9. Advisory Board/ Committee Appointments  a. Anita Liverman has submitted an application for consideration to be reappointed to serve a second term on the Appearance Commission. b. Robert Worsham has submitted an application for consideration to be reappointed to serve at third term on the Appearance Commission. Regina Sanders has submitted an application for consideration to be reappointed to serve at fourth term on the Appearance Commission. d. Paul Worley has submitted an application for consideration to be reappointed e. Sandra O'Berry has submitted an application for consideration to be reappointed to serve a second term on the Library Board ofTrustees.  tos serve at fifth term on the Board of Adjustments.    Page  Advisory Board/ Committee Appointments continued TownClerk-Shannan Williams). See attached information.. 10. Consideration and Approval for payi increase for a SRAC Receptionist (Parksand Recreation Director- - Gary. Johnson). See attached information. (Human Resources Director - Tim Kerigan). See attached information..  f. Daniel Sanders has submitted an application for consideration to be reappointed to serve at third term ont the Parks and Recreation Advisory Board.  73 87 89  11. New Hire Report Business Items  1. Consideration for Approval of Water/ Sewer Rate Study with the Wooten Company (Interim Town Manager - Jim Freeman, Interim Public Utilities Director = Pete Connet  and Finance Director - Greg Siler) See attached information.  .91  2. Consideration of Award of bid to GE Prolec for the purchase and installation of (1) 30-MVAI LTC1 transformer as the second transformer at the Brogden Road Substation (Interim Public Utilities Director - Pete Connet) See attached information.. 3. Update on the Unified Development Ordinance (Planning Director- - Paul Embler) See attached information. 4. Downtown Revitalization State Grant Application Funds (Interim Town Manager- Jim Freeman) Seeattached information.  99 109 129  counclimembers 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)  141 145  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: February 2, 2016 Staff Work By: Chief Michael L. Scott  Date Prepared: December 10, 2015  Presentation: Presentation:  resentaton/Repors  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:  It is requested Officer Hayes be sworn in and welcomed to North Carolina law  enforcement and the Smithfield Community.  1    &MIHED  NORTH CAROLINA  OATHOF OFFICE  SMITHFIEID POLICE, DEPARIMENT  "1, Tyler JHayes, the undersigned, do solemnly swear oT 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, on may be established for the government thereof, that Iwillendeavor 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 criminallaws of this state; thatIwillnot be inflencedin any manner on account ofpersonalbias or prejudice; andthat Iwilfaithfully and impartially execute the duties of my office as a law enforcement officer according to the best ofmy skill, abilities and judgment, sO help me  God."  Tyler HHayes  Date A SMI  Oath administeredthis the 2na day of3 February, 2016  M. Andy Moore, Mayor  2    TOWN OF SMITHFIELD Town Council Action Form  The Town Planning Staff is submitting information requested by the Town Council at the January Town Council meeting concerning the fencing and buffering of Pine Acres subdivision from the Smithfield Crossings Project. Date of Meeting: February 2, 2016 Date Prepared: January 27, 2016  Staff Work By: Paul Embler Presentation Description:  Presentation By: Paul Embler  Per Council's January 5th meeting, the Planning Department was asked to provide background information as to Mr. Tony Nixon's expressed fencing buffer concern regarding the Pine Acres Subdivision and past Smithfield Crossings Project. In particular, Mr. Tony Nixon questioned the Town's length of time taken and adequateness of the buffer to address this matter. As reference, the fencing and landscaping is located between the rear of the lots fronting Dogwood Street and the new roadway constructed as part of the Smithfield Crossings project (A copy of Council's last minutes addressing this matter is Presently as part of the Crossings Project, the rear of the lots fronting Dogwood and the property boundary of Pine Acres that lies behind the Speedway Gas Station (formally Hess) and the Waffle House is to have a 6 ft. high chain-link fence with two strands of barbed wire constructed. Additionally, a landscape plant buffer that forms a solid hedge within two to three years is included (see attached exhibit drawing and specifications for fencing). To date plans and specs have been prepared for the fencing, the surveyor has laid out the location of the fencing and the Town's Public Works staff stands ready to remove the Inr reference to Mr. Nixon's inquiry about the possibility of a brick "sound wall" being constructed. Attached is a copy of the Noise Study prepared by Ramey Kemp and Associates (see attached exhibit) which investigated the effectiveness of a "sound wall" and potential cost range of $500,000 to $2 million Basically there is no justification of a sound wall based on the noise generated by traffic using the Crossings roadways. The noise generated by 1-95 and the  provided).  vegetation so that thet fencing and landscaping can be removed.  railroad are the controlling factors.  3    Considerable discussion was given to the 50 ft. buffer adjacent to Pine Acres. Attached is the plat of Partners Equity Subdivision showing the 50 ft. buffer on the movie theater lot. The 50 ft. buffer on the land owned by Lee McLamb was required by the Council as part of a rezoning but no subdivision has been recorded as of this writing sO there has been no conveyance or recording of the buffer (see attached exhibit showing the location of the McLamb buffer). There is another 50 ft. buffer between the Etheridge Property and Pine Acres which will be conveyed and recorded when such time the owner records a subdivision plat. The alignment of the road constructed as part of the Crossings Project makes provision for the future 50 ft. buffer (see attached exhibit). Presently the Town has a construction easement from the owner of the Etheridge property to construct the chain-link fence and install the landscape (there is no 50 Possible alternative solutions for the buffer between Pine Acres and the -continue with the present proposal of chain-link fence and landscaping  ft. buffer recorded at the present time).  Crossings project:  -dense multi row landscape buffer  -earthen berm -solid wood fence -concrete block wall -brick wall  combination of earthen berm and landscaping combination of fence, earthen berm and landscaping  -sound wall(metal, concrete or brick)  Action Requested:  The Town Council is asked to review the attached information and direct staff as  to what direction Council wishes to proceed.  4    Excerpt from the. January 5, 2016 meeting CITIZENS' COMMENTS:  Tony Nixon of 8 Cedar Drive expressed his concerns to the Town Council about the buffer between the Pine Acres subdivision and the Smithfield Crossing's Roadway Project. Mr. Nixon inquired as to the proposed completion date on this project because it's been approximately 91/2 years since this all began. He questioned if restrictive covenants were specifically in place between the Crossings Development area and the residences. Mayor Pro-Tem Ashley responded that he and Councilman Lee have been working with planning staff to get some things moving on this issue. Planning has provided some information to both Mayor Pro-Tem Ashley and Councilman Lee. Mayor Moore asked Planning Director Paul Embler for further clarification. Mr. Embler responded that Mr. McLamb (one of the adjacent property owners) did file with thet towni for a rezoning and preliminary plat subdivision. The plat was never recorded. Once the property is further developed, the Town will see that the SO foot buffer is incorporated into the plans. As part of the Crossing project, the Town obtained permission from the owner to construct a fence and install landscaping between Pine Acres and the roadway. Mayor Moore asked staff to bring this back to the Council at next month'sr meeting. Councilman Harris also asked that ther noise study that was  5    888 ERS o01q8e5  (E8 QVN) GI9 ON  1240.25 (TOTAL)  377.82" (TE)  N023746'w NORTH EQUITY DRIVE 50'R/W)  46W  O!    S0234555  JUTH EQUITY DRIVE  E 8  GUIN  vosikeR"  6    BAMEY KEMP & ASSOCIATES, INC. 5808 Faringdon Place, Suite 100 Raleigh, NÇ: 27609 Phone-919-8725115 Fax- 919-878-5416 www.remeyemp.com  RAMEY KEMP ASSOCIATES TRANSPORTATION ENGINEERS  November 23, 2010  Mr. Paul Embler, ASLA Director - Town of Smithfield 350 E. Market St. PO: Box 761 Smithfield, North Carolina 27577 Tel: 919-934-2116, ext. 1114 e-mail: bubmheeliminiadases Reference: Smithfield Crossing Noise Study  Dear Mr. Embler:  Ramey Kemp & Associates, Inc. has completed a Traffic Noise Analysis for the Smithfield Crossing site in Smithfield, North Carolina. This letter shall serve as a summary of our analysis and results from the noise The purpose of the noise analysis is to determine existing and future (2015) noise levels at the Smithfield Crossing site and to determine whether a1 noise barrierw will be required under future conditions. In order to complete the noise analysis, a field visit was conducted on October 20, 2010 during which ambient noise levels were observed along Market Street and at points internal to the Smithfield Crossing site for durations of fifteen minutes per observation point. The type of noise levels recorded were measured on the Equivalent Noise Level" dB(A) scale (often abbreviated Leq dB(A)). The equivalent noise level measurement produces a time weighted average noise level measurement that minimizes or "smooths out" the impact of loud but instantaneous and brief noises. Over a period of fifteen minutes, the equivalent noise level is a very The software used in this analysis was the Federal Highway Administration's Traffic Noise Model (TNM) version 2.5. This software models noise levels at receiver locations based on inputs for roadways and traffic volumes. The existing and proposed roadway alignments were obtained from roadway design files previously Existing and future traffic volumes for the TNM model were obtained from traffic counts and from previous traffic forecasts completed by Ramey Kemp & Associates, Inc for this project. The PM peak hour traffic volumes were used in the TNM model to generate the worst case noise scenario that reflects the critical period The receivers in this noise model are residential dwellings located along Dogwood Street and Old Goldsboro Road. Receiver locations were digitized and encoded from aerial images and GIS data files. Twelve noise  study.  measure  good  of ambient noise levels at a site.  completed by Ramey Kemp & Associates, Inc.  for analysis purposes.  Charlotte,NC - Raleigh,NC - Richmond, VA - Winston-Salem,NC  7    receivers were identified and modeled in this analysis. The receiver location for each dwelling was modeled at Results oft the future year (2015) analysis indicate that none of the 12: receivers studied are expected to receive noise level impacts above or equal to the Noise Abatement Criteria (NAC) (266.0 dB(A)) nor will any of the receivers experience a substantial increase (>10.0 dB(A)) over existing conditions. The highest noise level at any of the receivers is projected to be 55.6 dB(A). All twelve receivers are expected to have increased noise levels under future conditions ranging from 0.6 dB(A) to 4.5 dB(A). However only five of the twelve receivers will experience noise level increases of3.0 dB(A) or greater. Forreference, a 3.0 dB(A) change in sound levels As a result of the analysis, it is concluded that none of the receivers will be significantly impacted by increases in the noise levels generated by proposed roadways and the increase in traffic at the Smithfield Crossing site. Since none of the receivers are significantly impacted by noise levels, a noise barrier will not be required at the However, to determine what impacts the construction of a noise barrier would have on noise levels at the twelve receivers, a noise barrier was modeled in the Traffic Noise Model 2.5 software. The noise barrier modeled was 12 feet in height and extended roughly along the undeveloped property line parallel to Dogwood Street. Under future conditions, the analysis results with a noise barrier in place indicate nine of the twelve receivers would experience a decrease in noise levels of 3.1 dB(A) to 6.2 dB(A). This range of noise level decreases range from barely perceptible (3.1 dB(A)) to moderately perceptible but not major (6.2d dB(A)). Forr reference, a A typical noise wall installation along the undeveloped property boundaries could cost in the range of $500,000-52,00,000 depending upon a number of design and constructability factors. The cost per benefited receiver would be very large given that most receivers could expect only modest to barely perceptible Ins summary, noise abatement measures are not recommended for this project because standard noise abatement measures, such as noise walls, will not be reasonable or feasible considering the modest noise reduction  the point oft the dwelling nearest to the proposed roadways.  is considered a barely perceptible change.  site.  decrease of10.0 dB(A) is perceived as al halving in the noise level.  reductions in noise levels should ai noise barrier be constructed.  obtainable from such measures.  Sincerely yours, Sustin B. Bene McCurry, PE, Transportation Engineer  Ramey. Kemp & Associates, Inc.  CL - PTOE  RAMEY KEMP ASSOCIATES  8    -  Mclab Buffer  Location of Ghain Link Fence  ShallerossBue  TA  Smithfield Crossings Buffer Map  SMITHFIEI y NORTH CAROWINA    10    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  SIED  NORTH CAROLINA  STAFFREPORT  Application Number: Project Name: TAXI ID number: Town Limits/ETJ: Applicant: Owners: Agents:  CUP-15-06 City none none  WTSB Radio Station Antenna 15J08067 and 15099005L Caliber Development Inc. Morgan and Roberta Lucille Reed  Neighborhood Meeting:  PROJECT LOCATION: Southeast side oft the intersection of Computer Drive and Powell Street.  REQUEST:  The applicant is seeking a conditional use permit to allow for an 80 foot high utility pole with antenna on property located within a B-3 (Business): zoning district.  SITE DATA: Acreage: Present Zoning: Proposed Zoning: Existing Use / Previous: DEVELOPMENT DATA:  1.5 acres B-3 (Business) N/A  Vacant/Veterinary Hospital  Proposed Use: 801 foot high utility pole with antenna and located within the interior of the site.  ENVIRONMENTAL: The 80 foot high utility pole with antenna does not appear to be located  within the boundaries of any designated wetlands or flood plains.  11    ADJACENT ZONING AND LAND USES:  North: South: East: West:  Zoning: Zoning: Zoning: Existing Use: Vacant Zoning:  B-3 (Business) B-3 (Business) R-10 (Residential) B-3 (Business)  Existing Use: Commercial  Existing Use: Commercial/Siorage  Existing Use: Vacant & Auto Sales Lot  STAFF ANALYSIS AND COMMENTARY: Radio stations and studios are permitted uses by right within the B-3 (Business) zoning district with a valid zoning permit issued by planning staff. However, any structure that is over forty feet in height shall be. permitted as a conditional use within the B-3 (Business) zoning district. WTSB Radio is requesting a conditional use permit for the construction of an 80 foot tall utility pole with antenna. The utility pole with antenna will be located on the north side of the existing office building and will be situated in such a manner that if a collapse was to occur,  damage would be mostly contained within the boundaries of the subject property.  Consistency with the Strategic Growth Plan  The proposed radio station with an 80 foot high utility pole and antenna is consistent with the recommendations of the Comprehensive Growth Management Plan which calls for office and institutional uses at the southeast side of the intersection of Computer Drive and Powell  Street.  Consistency with the Unified Development Code  The Town of Smithfield Unified Development Ordinance allows for structure over 40 feet with av valid conditional use permit. The proposed structure will be required to meet all applicable building and electrical codes as well as FCC regulations concerning radio station  transmissions.  Compatibility with Surrounding Land Uses  An 80 foot tall utility pole with antenna at this location should not pose a compatibility issue with surrounding land uses providing that adequate fall zones for the utility pole is provided for  the safety of adjacent properties and the public at large.  Signs  The subject use can be permitted one additional ground sign on the Powell Street side of the  subject property.  12    OTHER: FIRE PROTECTION: SCHOOL IMPACTS:  Town of Smithfield NA  PARKS AND RECREATION: NA ACCESS/STREETS:  190 feet of road frontage with driveway on Computer Drive and 148  feet of road frontage on Powell Street.  WATERISEWER PROVIDER: Town of Smithfield  ELECTRIC PROVIDER:  Duke Progress Energy  Planning Department Recommendations:  Planning staff recommends approval of a Conditional Use Permit request to allow for the construction of an 80 footu utility pole with antenna on property located with a B-3 (Business): zoning district.  Planning Board Actions:  The Planning Board, at its January 7, 2016 meeting, unanimously voted to recommend approval of the is request for a conditional use permit to allow for an 80 foot high utility pole with antenna on  property located on within a B-3 (Business) 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 an 80 foot high utility pole with antenna on property located on within a B-3 (Business): zoning district.  13    Town of Smithfield  Conditional Use Permit Application Finding of Fact/ Approval Criteria  Application Number: CUP-15-06 Name: Caliber Development Inc. Request: Applicant seeks a CUP for an 80 foot tall utility pole with 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. Finding One of Four: Circle One A. Approval:  Based on the evidence and testimony presented it is the finding of the Town Council hat 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 proposed request for conditional use will not endanger the public health, safety, or general welfare for the reason that the installation ofau utility pole with antenna attached is on property currently zoned B-3 whose permitted use is for radio station broadcasting business. The utility pole with antenna attached is standard equipment for a radio station. The height and location of the utility pole poses no imminent danger to any other structure ifit were to fall.  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 80 foot tall utility pole with antenna will be detrimental to the adjacent land uses ini the event ofp pole failure. Because ofthe pole height and close proximity to the public Tgh-okwavanycolapse could cause substantial  damage to persons or property iflocated in the fall zone.  CUP-15-06 Pagelofs  14    2. 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  following additional stated conditions.  The proposed use will meet all required conditions and specifications in accordance with the current Unified Development Ordinance plus state and federal regulations. An engineer contracted to locate the utility pole and connect the antenna to the radio broadcasting equipment. A contractor will be hiredt to  place the pole on the property.  B. Denial: (If denied, must include facts supporting denia!)  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  following reasons:  The proposed 80 foot tall utility pole with antenna as submitted appears to conform to the standards and practices of sound land use planning and the' Town ofSmithfield Unified Development Ordinance and should not be used for basis  ofd denial.  CUP-15-06 Page 2 of5  15    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 use will not adversely affect the use or any physical attribute of adjoining or abutting property. The utility pole will be in context with existing above ground utility poles in the area. The proposed use will also be in context with existing properties in the area, which includes a warehouse, auto repair shop, cleaning business and a car dealership. No structure changes are required. There are no historical or architectural properties ofinterest on adioiningproperties.  stated conditions.  B. Denial: (Ifd denied, must include facts supporting denial)  Based on the evidence and testimony presented itis 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 80 foot utility pole with 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  reasons.  denial,  CUP-15-06 Page 3 of5  16    4.1 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.  Property is currently vacant and zoned B-3 (Business). The proposed use will be ink harmony with existing businesses such as an auto repair business. a warehouse. acar dealership and a cleaning business. Closest residential structure has existing tree cover and there is approximately 400 feet between the properties.  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 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 80 foot utility pole with antenna will not adversely affect the adopted plans and policies ofthe Town of Smithfield, or violate the character of existing standards for development and should not be used for basis of denial.  CUP-15-06 Page 4 of5  17    4. Once all findings havel 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 ofall. statements and agreements entered into the record by the testimony of the applicant and applicant' ' representative I move to recommend. approval of  Conditional Use Permit Application # CUP-15-06  Motion to Deny: Based upon. failure to meet all of the above four stated findings and for reasons stated therein, Imove to recommend denial of Conditional Use Permit Application #  CUP-15-06for thej 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-15-06. 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. Andy Moore, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  CUP-15-06 Page 5of5  18    Planning Board Report for Caliber Development Inc  CUP-15-06  Public hearingh heldo onJanuary 7,2016 (Excerpt from draft minutes)  Mr. Helmer stated the applicant is requesting a conditional use permit to allow for the construction of an 80 foot high pole with a radio antenna on property located within a B-3 (Business) zoning district. The property considered for approval is located on the southeast side of the intersection of Powell Street and Computer Drive and further identified as Johnston Mr. Helmer stated the applicant is seeking a conditional use permit to allow for an 80 foot high utility pole with an antenna on property located within a B-3 (Business) zoning district. The 80 foot high utility pole with a radio antenna will be located within the interior of the site. The pole does not appear to be located within the boundaries of any designated wetlands or flood plains. Radio stations and studios are permitted uses by right within the B-3 (Business) zoning district with a valid zoning permit issued by planning staff. However, any structure that is over forty feet in height shall be permitted as a conditional use within the B-3 (Business) zoning district. WTSB Radio is requesting a conditional use permit for the construction of an 80 foot tall utility pole with a radio antenna. The utility pole with antenna will be located on the north side of the existing office building and will be situatedi in such a manner that ifa a collapse was to occur, damage would be contained within the boundaries of the subject property. Mr. Helmer stated the proposed radio station with an 80 foot utility pole and antenna is consistent with the recommendations of the Comprehensive Growth Management Plan which calls for office and institutional uses at the southeast side of the intersection of Computer Drive and Powell Street. The Town of Smithfield Unified Development Ordinance allows for structure over 40 feet with a valid conditional use permit. The proposed structure will be required to meet all applicable building and electrical codes as well as FCC regulations concerning radio station transmissions. A radio station antenna at this location should not pose a compatibility issue with surrounding land uses providing that adequate fall zones for the utility pole is provided for the safety of adjacent properties and the public in general. The subject use can be permitted one additional ground sign on the Powell Street side of thes subject property. Mr. Helmer stated the Town of Smithfield will provide water and sewer services. Duke Energy Mr. Helmer stated the Planning Department recommends approval of a conditional use permit request to allow for the construction of an 80 foot utility pole with an antenna on property  County Tax ID# 15J08067.  Progress will provide electric.  located within al B-3 (Business) zoning district.  19    The Planning Board is requested to review the petition and make recommendation in accordance with the finding of fact for a conditional use permit to allow for an 80 foot high  antenna on property located within the B-3 (Business) zoning district. Mr. Foy asked if anyone wanted to speak for or against the proposal. Daniel Sanders asked what the average height for a pole like this is. Mr. Helmer stated the applicant can answer that best.  Mickey Lamm, 2191 Benson Road Clayton, is the applicant who represents Caliber Development and WTSB. He explained this is a receiving antenna and is not a transmitting antenna. He stated the radio station is located on Powhatan Road in Clayton. He explained height is needed on the antenna to be able to receive remote broadcasts. For example WTSB has a business in Smithfield that has a transmitter the size of a very small suitcase that sends a signal back to the radio station. Also, First Baptist Church located on South Fourth Street goes live every Sunday for their 12:00 Worship Service. Mr. Lamm stated there are no RF transmissions and the engineer working on this project thinks they can get by with the pole being 72 feet. However, they are asking for 80 feet in case they might need more length they  will not be in violation.  Daniel Sandersasked if this proposed project would require a fence.  Mr. Helmer stated from a development regulation standard it would not require a fence. Mr. Lamm stated the FCC would require a transmission antenna to have a perimeter fence however; there are no regulations on a receiving antenna. He stated WTSB has similar situations at their present locations with a large telephone pole with a 20ft receiving antenna Mr. Upton asked if the antenna Mr. Lamm was speaking of the same as their present location.  ont top of that.  Mr. Lamm stated it is identical.  Mr. Helmer asked if there will be any other electronic equipment.  Mr. Lamm stated there will be no electronic equipment but there willl be a black cable that will Michael McLamb, Four Oaks, stated he was neither for nor against the proposed project. He stated the proposal is located in a manufacturing district and wasn't sure if this could cause Mr. McLamb read off a list of manufacturing jobs that have been going on around the proposed  run down the pole into a conduit so it is secure.  hardship on him or Mr. Lamm.  property.  20    Jack Matthews asked what this would have anything to do with the antenna.  Mr. McLamb stated he is not sure that it will have anything to do with the antenna or that it Joseph Hobbs stated his only concern is if the antenna was a transmission antenna. He stated he bought a house with an alarm that was getting set off by a key fob that wasn't his. Hej just  won't.  wanted the Town to be aware.  Daniel Sanders asked if there was any opposition.  Mr. Helmer stated anyone that wanted to speak was here tonight.  Mr. Foy closed the public meeting for CUP-15-06.  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 all applications for a zoning map amendment to address the following eight findings. The burden of proof is on the applicant and failure to adequately address the findings may result in denial The governing body has the responsibility to determine if the zoning map amendment is warranted. The Planning Board shall recommend and the Town Council of the Town of Smithfield shall decide the matter of this rezoning application by motion and vote on each of the following eight findings of fact. Any motion to find against the application must be supported by statement of specific reason or conclusions reached in support of the motion.  ofthe application.  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 an The proposed request for conditional use will not endanger the public health, safety, or general welfare fort the reason that the installation of a utility pole with antenna attached is on property currently zoned B-3 whose permitted use is for radio station broadcasting business. The utility pole with antenna attached is standard equipment for a radio station. The height and location oft the utility pole poses no imminent dangerto any other structure ifi itwere to fall.  approved:  All members stated true.  2.  That the use meets all required conditions and: specifications:  The proposed use will meet all required conditions and specifications in accordance with the current Unified Development Ordinance plus state and federal regulations. An engineer contracted to locate the utility pole and connect the antenna to the radio broadcasting equipment. A contractor will be hired to place the pole on the property.  21    All members stated true.  3.  That the use will not adversely affect the use or any physical attribute of adjoining or The proposed use will not adversely affect the use or any physical attribute of adjoining or abutting property. The utility pole will be in context with existing above ground utility poles in the area. The proposed use will also be in context with existing properties in the area, which includes a warehouse, auto repair shop, cleaning business and a car dealership. No structure changes are required. There are no historical or  abutting property, or that the use is a public necessity; and:  architectural properties of interest on adjoiningproperties.  All members stated true.  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 ord other plan ine effect at the time and address impacts of the project as required by GS160A-382/b): Property is currently zoned as a B-3 use and this is a continuance of that permitted land use and in harmony with existing businesses such as an auto repair business, a warehouse, a car dealership and a cleaning business. Closest residential structure has existing tree cover and there is approximately 400 feet between the properties.  Alli 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 Stephen Upton made a motion, seconded by Jack Matthews to recommend approval requesting a conditional use permit to allow for the construction of an 80 foot high pole with a radio antenna on property located within al B-3 (Business) zoning district. (Unanimous)  applicant and plantsrepresentalive,  Duly adopted this the 7th day of January 2016.  Mr. Eddie Sody  Foy, Plating Board Chairman  ATTEST  Mark E. Helmer, AICP, CZO Senior Planner  22    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  &ED NORTH CAROLINA  350 E. Market St Smithfield, NC: 27577 P.O. Box 761, Smithfield, NC27577  CONDITIONAL USE PERMIT APPLICATION 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 application fee is  potential to create incompatibilities with adjacent uses.  $300.00. All fees are due when the application is submitted.  SITE INFORMATION: Name of Project: WTSB Radio Deed Book: 04629  Acreage of Property: 1.5 Deed Page(s): 0577-0578  Parcel ID Number: 15.08067/5099005 Tax ID: 4196234/4197129  Address: 104 Computer Drive, Smithfield, NC 27577  Location: Southeast corner of intersection of Powell & Computer Drive  Existing Use: Veterinary Hospital Existing Zoning District: B-3 Requested Zoning District Is project within a Planned Development: Planned Development District (if applicable): Isp project within an Overlay District: Overlay District (ifa applicable): FOR OFFICE USE ONLY  Proposed Use: Radio Broadcasting Studio  Yes  No  JYes  V No  File Number: CUR15-00 Date Received: 12/310015 Amount Paid: 7300.00  GE  Page I of5  11/2012  23    OWNER INFORMATION:  Name: Morgan Reed and wife, Robeta Lucille Reed Mailing Address: PO Box 1175, Smithfield NC 27577  Phone Number: Email Address:  Fax:  APPLICANTINFORMATION: Applicant: Caliber Development Inc. Phonel Number: 919-805-2076 Contact Person: Anita Lamm  Mailing Address: 2191 Vinson Road, Clayton, NC 27527  Fax:  Email Address: CallberDevelopmeni@gmal.com/Anita.Lamm@gmali.com REQUIRED PLANS ANDS SUPPLEMDNTALINFORORMATION  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. N/A  Verification of wastewater allocation (granted or requested). N/A  Driveway permits (Town of Smithfield or NCDOT encroachment with associated documentation). M/A  JOther applicable documentation: N/A STATEMENT OF. JUSTIFICATION  Please provide detailed information concerning all requests. Attach additional sheets ifnecessary. The radio station uses remote broadcasting which requires the signal to be received via an antenna that is mounted on top of a 60-80 foot wooden pole that is placed in the ground near the radio studio. The distance from the studio has to be minimal in order to receive a radio quality signal suitable for broadcasting. WTSB currently uses remote broadcasting to air the First Baptist Church Sunday morning service weekly. This is standard equipment for a radio station and the property is currently zoned for  radio station use.  Page 2 of5  11/2012  24    REQUIRED FINDINGS OFFACT  Article 13, Section 13-17ofthe! Town of Smithfield Unlfied. 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 ddequately 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 welfaré ifl located where proposed and developed acçording to the plan as submitted and approved; Thep proposedi requestf for conditional usey will note endanger the publich health, safety, or general welfaref fort the reason- thatt thei installation ofau utility pole with antenna attaçhed is on property currently: zoned B-3 whosé pérmitted use is for radio station broadcasting business. The utilty poley with antenna attachedi is's standard equipment fora aradios station. The! heighta and! location oft the utilty pole poses noi imminent danger to any others structure ifitv were tof fall.  additional, pages ifnecessary.  2. That the use meets' all réquired conditions and specifications; broadcasting equipment. A çontractor willl be) hired to placet thé pole ont the property.  The proposed, uisey will méet all required donditions and specifications in accordance witht the current Unifled Development Ordinance plus state andi federal reguiations. Ane engineer will contracted tol locate.t the utility pole and connect the antenna tot ther radio  3. That thé. use will not adversely affect the usé or any physical attribute of adjoining or abutting Thep proposed use will not adversely affectt the use or any physical attribute ofs adjoinings or abutting property. The utility poley will be incontext with existing abové ground utility poles int the area. The proposed use wille also! be inc context with existing properties Int the area, whichi includes av warehouse, auto. repair shop, cleaning business and a car dealership No structure changes arer required. There arer nol historical or architectural properties ofi interest ona adjoining properties.  property, or. that the use is aj public neçessity; and  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 areai in which itis to bé located. The conditional use shall demonstrate conformance to. the Land Use Plan or other plan in effect at the time and' address Propertyi is currentiyz zoned B-3 use and thisi isac continuance ofthatp permitted land use andi inh harmony withe existing! businesses such as an auto repair business, ay warehouse, a car dealershlp and acleaning business. Closestr residential structuré has existing tree cover and. there is apptoximately 400f feet! between the properties.  impacts of the project as required by GS 160A-382(b).  Page 3of5  11/2012  25    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 ofthe Town of Smithfield, North Carolina,  and will not be returned. Anita Lamm Print Name  dniti m. Lamm/ Signatureo of Applicant  12/3/5 Date  Page 4 of5  11/2012  26    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  NORTH CAROLINA  OWNER'S CONSENT FORM  WTSB Radio  Name of Project:  Submittal Date: zlsls  OWNERS AUTHORIZATION Ihereby give CONSENT to  Caliber Development Inc./Mickey Lamm andlor Wife Anital Lamm  (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. 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.  conditions, which may be imposed as part of the approval of this application.  Rolog BRQEL Signature of Owner  Roberta E REEO( Print Name  1/23/15 Date  CERTIFICATION 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. Anth. hamm Signature of Olner/Applicant  Caliber Development Inc. /Anita Lamm  1/23/15 Date  Print Name  FOR OFFICE USE ONLY  File Number: LUV15-06 Date Received: 1eglis  Parcel IDI Number: 15J08067  Page5of5  11/2012  27    WDE "TELEPHONE CAB RECORDED IN DEED BC THE RELEASE FOR LO1 THE RELEASE FOR LOT THEIR RELEASE ONLY  HYD  PP  POWELL GRE  WV  Ch 3/4"EIP 2"U.G. "NIP "CC" Pedestal  PP  S7PSICE 126.61"  BACKC  91"U.G. Ex. Telephone Ex.Cable Pedestal  3/4"EIP) & FLUSH "CC"/  L  80.8 EXISTING ONE METAL MESONT 80.91  NCGR N N=19 E=66 Combine  M 3/4"EIP 12"U.G.) "CC"  39.9'  V,  Dock 20.0  EX.. SEWER- MANHOLE  ASPHALT PARKINGLOT  PP,  (DEEDI PIN  OHE  PP w  11 CONTAINS.. 31,265S.F. (DEED BOOK 827, PAGE281) PIN: 168408-88-9873  I"NIP 7"U.G.  EGEIVEA DEC3 .2015 D TOWNOF SMITHFIELD PL:ANNING DEPT.  OPP NC GRID COORDINATES "NAD8 83" (2011), N= 197,765.284. meters E=667,196.133 meters SURVEYED FOR    3/4"EIP AA  2115  BYRD  MORGAN G. REED &  wife  SURVEYING,P PROFESSIONAL LAND SURVEYORS DATE: 8-28-2015 SURVEYED BY: L  ROBERTA E. REED  OWNSHIP: SMITHFIELD TY OR TOWN: SMITHFIELD  COUNTY: JOHNSTON  STATE: NORTH CAROLINA SCALE: I"=40' DRAWN BY: LEE PIN: 168408-98-1801 & 168418-8R-0873 CHECKED & CIOCIIPE RV. IERI  ONE:    203 L-0 00  612  B-3  610  Bhh  POWELL  R-10  80'  Location of Proposed Utility Pole with Antenna  B-3  104  103  B-3  R-10  316  Vicinity Map for: CUP-15-06 Applicant:  N   NORTH CAROLINA Map Created by The Town of Smithfield Geographic Infprmation Services  1inch = 60 feet 30 60  Caliber Development, Inc.  Fee 120     NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  ADJOINING PROPERTY OWNERS CERTIFICATION  I, Mark E. Helmer, hereby certify that the property owner and adjacent property owners of the following petition, CUP-15-06, were notified by First Class Mail on  1-20-16.  RRa - 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 ap day of Souien Jepnica T Notary Public Name  2016  dAnuaay  Notary Public Signaturé Padauag  Hacdauayy  My Commission expires on 4-8 6  (Seal)  PUBLIG s COVR  350 E. Market Street P.O. Box 761 Smithfield, NC 27577 919-934-2116 Fax 919-934-1134  30    31    MTHER NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  Notice Of Public Hearing  Notice is hereby given that a public hearing will be held before the Town Council of the Town of Smithfield, N.C., on Tuesday, February 2, 2016 at 7:00 P.M., at the Town Hall Council Chamber located at 350 East Market Street to consider the following request: CUP-15-06 Caliber Development, Inc: The applicant is requesting a conditional use permit to allow for the construction of an 80 foot high wood pole with radio antenna on property located within a B-3 (Business) zoning district. The property considered for approval is located on the southeast side ofthei intersection of Powell Street and Computer Drive and further identified as Johnston County Tax ID# 15J08067.  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.smithied-mc.com. Run "Legal Ad" in the Smithfield Herald on 1/20/16 and 1/27/16  350 E. Market Street P.O. Box 761 Smithfield, NC27577 919-934-2116 Fax 919-934-1134  32    PED NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  Notice Of Public Hearing  Notice is hereby given that a public hearing will be held before the Town Council of the Town of Smithfield, N.C., on Tuesday, February 2, 2016 at 7:00 P.M., at the Town Hall Council Chamber located at 350 East Market Street to consider the following request: CUP-15-06 Caliber Development, Inc: The applicant is requesting a conditional use permit to allow for the construction of an 80 foot high wood pole with radio antenna on property located within a B-3 (Business) zoning district. The property considered for approval is located on the southeast side of the intersection of] Powell Street and Computer Drive and further identified as. Johnston County Tax ID# 15J08067.  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, NC27577 919-934-2116 Fax 919-934-1134  33    34    Consent Agenda Items        The Smithfield Town Council met in regular session on Tuesday, January 5, 2016 at 7:00 p.m. in the Council  Chambers of the Smithfield' Town Hall Mayor M. Andy Moore, presided.  Councilmen Present Emery! D. Ashley, Mayor Pro-Tem Marlon Lee, District1 J. Perry Harris, District2 Travis Scott, District3 Roger A. Wood, District4 John A. Dunn, At-Large Stephen Rabil, At-Large  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 Greg Siler, Finance Director Shannan Williams, Town Clerk Staff Absent: Michael Scott, Chief of Police  Present:  Bob Spence, Town Attorney  The invocation was given by Centenary United Methodist Church Senior Pastor William Holliday followed by  the Pledge of Allegiance led by members of Boy Scout Troop # 77.  APPROVAL OF AGENDA:  Mayor Pro-Tem Ashley made a motion, seconded by Councilman Harris, to approve the agenda as  with the following amendments:  Remove from Presentations: Item 1: Administered Oath of Office to new Police Officer - Tyler Remove from the Consent Agenda, Item #5: Consideration and approval to authorize Parks and Recreation staff to pursue/ begin the grant application process for land acquisition and Business Item #3: Consideration and approval of a Fund Balance Retainage Policy for the Water and Sewer Fund will be heard by the Council before Business Item #2: Approval of a  Hayes  add as Business Item #6.  request toi increase the Water/Sewer Base Charge and Rates  Unanimously approved.  PRESENTATIONS:  1. Mary Nell Ferguson = Public Schools in the Smithfield - Selma Area  Mrs. Mary Nell Ferguson addressed the Council on her thoughts and concerns on the area schools. Mayor Moore expressed his appreciation to Mrs. Ferguson for expressing her trepidations to the  Council.  Acopy of Mrs. Ferguson's information is on file in the Office ofthe Town Clerk  PUBLIC HEARINGS:  Town Clerk Shannan' Williams affirmed those that wished to offer testimony in any oft the Public Hearings. 1. Conditional Use Permit Request by Triangle Marketing Associates, Inc: (CUP-15-04)  35    Councilman Harris made a motion, seconded by Councilman Rabil, to open the Public Planning Director Paul Embler addressed the Council on a request by Triangle Marketing Associates, Inc. Mr. Embler stated that the applicant was 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 itsi intersection with Swift Creek Road. The Mr. Embler explained that the radio station is located within at three bay multi-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 Planning Director Paul Embler has incorporated his entire record and provided it to Council in written 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 Planning staff recommends approval of a Conditional Use Permit request to allow for the operation of aradio station and construction of a 301 foot high antenna on property located within al LI (Light  Hearing. Unanimously approved.  property is further identified as Johnston County Tax ID# 15J08017F.  antenna will not create al hazard to flightoperation occurring int the area.  form in the January 5, 2016 agenda packet.  located within the LI (Light Industrial) zoning district.  Industrial) zoning district.  Mayor Moore asked if there were any questions from Council.  Councilman Scott asked if there were any issues with it being located close to the Airport. The applicant, Richard Heilmann stated that they have completed the FAAr requirements and there are no  issues with the size of location of the tower.  Councilman Harris made a motion, seconded by Councilman Wood, to close the Public  Hearing. Unanimously approved.  The Written Finding of Facts  Town Council of the Town of Smithfield shall decide the matter of this Conditional Use Permit Application by  motion and vote on each oft the following four findings off fact.  Mayor Pro-Tem Ashley made a motion, seconded by Councilman Wood, to vote in the affirmative to  thel below Finding of Facts. Unanimously approved Finding One of Four: Approved  Based on the evidence and testimony presented it is the finding of the Town Council that the application 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 The proposed radio station with a 30 foot antenna will not materially endanger the public health safety or general welfare because the antenna willl be constructed to meet all plans and specifications as required by Johnston County Building Inspections to include engineered footings. The FAA has made a determination that the proposed tower will not create a hazard  approved with the following stated conditions.  to flight operation occurring within the vicinity of. Johnston County Airport.  36    Finding Two of Four: Approved  Based on the evidence and testimony presented it is the finding of the Town Council that the application 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 time the applicant first contacted the  following additional stated conditions.  Town of Smithfield. Finding Three of Four: Approved  Based on the evidence and testimony presented it is the finding of the Town Council that the application 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 The proposed radio station with a 30 foot antenna will not adversely affect the use or any physical attribute of adjoining or abutting properties. The radio station will blend in with all the  conditions.  other businesses within Airport Industrial Park.  Finding Four of Four: Approved  Based on the evidence and testimony presented it is the finding of the Town Council that the application 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.  Record of Decision: Approval of Conditional Use PermitApplication # CUP-15-04  Mayor Pro-Tem Ashley made a motion, seconded by Councilman Harris, that 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. Unanimously  approved.  2. Conditional Use Permit Request by GrayCliff Enterprises, Inc: (CUP-15-05)  Councilman Harris made a motion, seconded by Councilman Dunn, to open the Public Planning Director Paul Embler addressed the Council on a request by GrayCliff Enterprises, Inc. Mr. Embler stated that the applicant was 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  Hearing. Unanimously approved.  Tax ID# 15J08071.  37    Mr. Embler explained that 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 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. Planning Director Paul Embler has incorporated his entire record and provided it to Council in written 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 the  form in the January 5, 2016 agenda packet. housing of on-site security and staff use only.  The Planning Department recommends approval of this request.  Mayor Moore asked if there were any questions/from those in the audience that had been duly sworn Mayor Pro-Tem Moore questioned if any of the conditional use would require additional landscaping. Mr. Embler responded that landscaping has been done and the property looks almost residential in Councilman Scott questioned if there would be any adverse impact on the surrounding area. Mr. Embler responded that there the property does not negatively impact the surrounding areas, but in Councilman Harris stated that he should recuse himself from voting due to his relationship with the property. Mayor Pro-Tem Ashley made a motion, seconded by Councilman Wood, to recuse  tot testify. There were none.  Mayor Moore asked if there were any questions from Council.  nature.  fact is more organized than the last use.  Councilman Harris from votingi in this matter. Unanimously approved.  Mayor Pro-Tem Ashley made a motion, seconded by Councilman Wood, to close the Public  Hearing. Unanimously approved.  The Written Finding of Facts  Town Council of the Town of Smithfieid shall decide the matter of this Conditional Use Permit Application by  motion and vote on each of the following four findings off fact.  Mayor Pro-Tem. Ashley made a motion, seconded by Councilman Wood, to vote in the affirmative to  the! below Finding of Facts. Unanimously approved Finding One of Four: Approved  Based on the evidence and testimony presented it is the finding of the Town Council that the application 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 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-  approved with the following stated conditions.  site parking exists at the site. Finding Two of Four: Approved  Based on the evidence and testimony presented it is the finding of the Town Council that the application meets all required specifications and conforms to the standards and practices of sound land use planning and the Town of Smithfield Unified  38    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 meets all zoning  following additional stated conditions.  regulations to include parking and landscaping.  Finding Three of Four: Approved  Based on the evidence and testimony presented it is the finding of the Town Council that the application 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 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  conditions.  existing residential zoning district and compatibility issues are unlikely.  Finding Four of Four: Approved  Based on the evidence and testimony presented it is the finding of the Town Council that the application 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 accessory use to the principle use of  contractor's office of GrayCliff Enterprises Inc.  Record of Decision: Approval of Conditional Use Permit Application # CUP-15-05  Mayor Pro-Tem Ashley made a motion, seconded by Councilman Wood, that 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-15-05 for GrayCliff  Enterprises Inc. only. Unanimously approved.  CITIZENS' COMMENTS:  Tony Nixon of 8 Cedar Drive expressed his concerns to the Town Council about the buffer between the Pine Acres subdivision and the Smithfield Crossing's Roadway Project. Mr. Nixon inquired as to the proposed completion date on this project because it's been approximately 91/2 years since this all began. He questioned if restrictive covenants were specifically in place between the Crossings Development area and the residences. Mayor Pro-Tem Ashley responded that he and Councilman Lee have been working with planning staff to get some things moving on this issue. Planning has provided some information to both Mayor Pro-Tem Ashley and Councilman Lee. Mayor Moore asked Planning Director Paul Embler for further clarification. Mr. Embler responded that Mr. McLamb (one of the adjacent property owners) did file with the town for a rezoning and preliminary plat subdivision. The plat was never reçorded. Once the property is further developed, the Town will see that the 50 foot buffer is incorporated into the plans. As part oft the Crossing project, the Town obtained permission from the owner to construct a fence and install landscaping between Pine Acres and the roadway. Mayor Moore asked staff to bring this back to the Council at next month's meeting. Councilman Harris  also asked that the noise study that was conducted to also be provided.  39    CONSENT AGENDA:  Councilman Wood made a motion, seconded by Counciiman Harris, to approve the following items as  listed on the Consent Agenda: 1. Approval of Minutes:  December 1, 2015- Regular Meeting December 8, 2015- Special Meeting  2. Bid Award to Capital Ford (North Carolina State Bid Contract) 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: 2015-2016 Budget. 3. Purchase approval of a 2017 Smeal Fire Engine in the amount of $491,799.00 by utilizing the National Joint Powers Alliance (NJPA) cooperative buying group which the Town of Smithfield is a member. The purchase of this was fire engine was approved in thel FY2015-2016 Budget. Bids were solicited from the following vendors using Department Specifications:  Atlantic Coast Fire Trucks - Smeal - $490,000.00 that includes Performance Bond, Trip, Atlantic Emergency Solutions - Pierce - $494,996.00 with a 3% increase - $14,849.88 First Choice Fire & Safety - Spartan ERV - $491,158.00 did not include Performance Bond, Trip, and Contract Fees that will increase an additional- $11, 350.00 for a total price  and Contract Fees  after November 27, 2015; for an estimated total of$509,845.88  of$502,508.00  4. Approval to allow the Fire Department to apply for Assistance to Firefighter's Grant (AFG). The grant funding would be used to replace aging Air Packs and an aging Air Compressor. This grant isa 95/5 match. The amount for the grant application would be $445,827.00 with the Town's responsibility being $21,229.00. The process is approximately 8-12 months before grants are 5. Approval of the physical relocation of the Town of Smithfield PEG Chanel in the amount of $10,656.001 tot be paid from the PEG Chanel line item. This is due to. Johnston Community College withdrawing its involvement with the PEG 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  awarded; therefore, funds would be budgeted in the 2016-2017 fiscal year.  Cable. Unanimously approved. BUSINESS ITEMS:  1. Approval of a Contract Agreement for grant Number 2016-018-3201-2538 = Project "Atlantic Resources, Inc. (ARI) - Brightleaf Blvd Building Renovation Project" Interim Town Manager Jim Freeman addressed the Council on consideration of a contract agreement for the ARI Grant Project. Mr. Freeman explained that at the September 1st meeting, the Council approved filing the grant application for a Building Reuse Grant through the Rural Economic Development Division of the Department of Commerce for funding assistance for Atlantic Resources, Inc. to renovate the abandon Jerold Manufacturing Facility. Mr. Freeman explained that the Council was now asked to approve the Town's part of the agreement and authorizing the Mayor to execute the agreement on behalf of the Town. He further explained that Mr. Barefoot of Atlantic Resources, Inc. would be responsible for completing some of the exhibits and Skip Green would be administering the grant. The grant itself would not be of any cost to the Town. Any matching funds would be paid by ARI.  40    Councilman Harris made a motion, seconded by Mayor Pro-Tem Ashley, to approve 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. Unanimously  approved.  2. Approval of a Fund Balance Retainage Policy for the Water and Sewer Fund and  Resolution # 574 (01-2016)  Finance Director Greg Siler addressed the Council on consideration to adopt ai fund balance policy for the Water/Sewer Fund. Mr. Siler explained that the purpose of the policy was to improve and maintain fiscal responsibility as recommended by the Local Government Commission (LGC). 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 of the fund. As a result of the audit, the LGC had some concerns about the WIS Fund balance. Mr. Siler further explained that the Town is in the process of securing a $1.4 million loan to do improvements at the Water Plant and to water and sewer lines. For the past several years, the water/sewer fund has had a revenue shortfall, this has been in part to the amount that the Town has been paying to Johnston County for sewage treatment. A lot of these costs are due to high rainfall totals and aging infrastructure that is in dire need of repair. The LGC stated that the first step in the process of addressing some of their concerns is to establish a fund balance policy. In this fund balance policy essentially an undesignated available Councilman Scott stated that at a. June budget meeting it was determined that the water rates adopted were not what the customers were actually being billed. This was corrected and an estimated $50,000 -$7 70,000 ofr revenue should have been generated. He questioned if this was information was relayed Councilman Scott stated that it was important that the enterprise funds support themselves. Since the water/sewer fund is sO unhealthy, then it should be a part of this fund balançe policy that the water/sewer fund does not make transfers to the general fund. He further stated that the Town needed too control its spending and staff should review everything before itconsidered: a rate increase. Councilman Harris suggested that all utility bills be printed with the rates on them. He stated this would make it much easier for the customer to know what they are being charged. Inr response to Councilman Scott's statements, Mr. Siler informed the Council that the LGC did not address operational expenses. The LGC's concern was that revenues were exceeding expenditures and most oft these expenditures were to cover the cost of sewage treatment. Mr. Siler stated that since the beginning of the Inflow and Infiltration study, the contractor hasn't found any large areas of concern. Mr. Siler explained that the $1.4 million loan is necessary to correct the I&lissues. Mayor Moore stated that at this time, the LGC has not approved the $1.4 loan needed for the water/sewer and water plant improvements. He expressed his concerns because the Town currently Mr. Freeman explained that the LGC wants to make sure that the Town is trying to protect its future. It was his opinion that they would be willing to support the Town's efforts if the Town set the policy, if Town implemented some type of rate increase and inform them that the Town is trying to obtain a 3rd party vendor to conduct a rate analysis. Reassess the policy, the rate increase and the recommendation from the rate study at the end of the fiscal year to see what actions needed to be Mayor Pro-Tem Ashley stated that the only issue he has was in section 4 of the policy. He stated that the policy should read: "The Town Manager and Council shall reassess this policy at June 30, 2016 Mayor Pro-Tem Ashley Emery addressed the issues of the transfers from the proprietary funds to the general fund. He explained that the enterprisel proprietary funds do have to stand alone as a  fund balance of 30% is reasonable.  to the LGC. Mr. Siler stated that he had not responded to the LGC's letter.  has contractors working on thel I&Ip project and they will have tol be paid.  taken to ensure a healthy fund balance.  and every FY thereafter.  41    business, but they don't have their own Council, Attorney and various other personnel. The Council should be diligent inr making sure that the general fund is not subsidizing the and proprietary funds and  the proprietary funds are not subsidizing the general fund  Mayor Pro-Tem Ashley made a motion, seconded by Councilman Harris to adopt the policy Section 4 will now read as follows: The Town Council and Manager shall reassess this policy at the end ofe each Fiscal Year thereafter following an in-depth third party review of the Town's water and sewer rates. Mayor Pro-Tem Ashley, Councilman Harris, Councilman Lee, Councilman Wood, Councilman Dunn and Councilman Rabil voted in favor of the motion.  with an amendment to Section 4.  Councilman Scott voted against the motion. Motion passed6-1.  This decision is memorialized in Resolution # 574 (01-2016)  Councilman Scott stated for the record that he just received the policy tonight and felt that he did not Mayor Pro-Tem Ashley stated that motion was made without currently being in violation of the policy, Mr. Siler responded that the fund balance is currently in compliance with the new policy.  have enough time to make a decision.  RESOLUTION NO. 574 (01-2016)  ARESOLUTION ESTABLISHING AI FUND BALANCE POLICY FOR THE TOWN OF SMITHFIELD WATER. AND SEWER FUND WHEREAS, for the purpose of improving and maintaining fiscal responsibility as recommended under the Local Government Commission iti is prudent to establish a clear policy defining the level of fund balance to be held in reserve by the WHEREAS, the NC Local Government Commission is charged with overseeing the fiscal health of cities and counties and recommends ai fund balance reserve WHEREAS, it is necessary to maintain undesignated available fund balance reserves to provided appropriate cash flow for operation of city services, to address emergencies and unexpected opportunities, to increase the potential for investment outcome, and to enhance the city's credit rating to provide the city the NOW, THEREFORE BE IT RESOLVED BY THE TOWN COUNCIL OF THE Section 1. All revenue in excess of expenditures realized at the end of any given fiscal year be credited to undesignated available fund balance until a minimum goal of thirty percent (30%) is realized. IT is further resolved that the Town will adjust this minimum as appropriate based upon recommendations: from the NC Local Government Commission and the changing financial outlook. Section 2. Once thirty percent (30%) goal is realized, all revenue in excess of expenditures realized at the end of any given fiscal year may be credited to capital reserve funds heretofore recommended by the Town Manager and Section 3. The Town Manager is charged to annually monitor and report to the Town Council during the preparation of the annual operating budget regarding the status of available fund balance and compliance with the stated thirty percent  Town; and  policy to provide guidance on consumer charges; and  ability to borrow at the lowest possible interest rate; and TOWN OF SMITHFIELD, NORTH CAROLINATHAT:  established by formal resolution of the Town Council.  (30%)goal.  42    Section 4. The Town Council and Manager shall reassess this policy at the end of each Fiscal Year thereafter following an in-depth third party review of the  Town's water and sewer rates.  A copy of the Water/Sewer Fund Balance Policy is on file in the Office of the Town Clerk  3. Request to increase the Water/Sewer Base Charge and Rates  Interim Public Utilities Director Pete Connet informed the Council that Finance Director Greg Siler had asked him to do a cost analysis of proposed water and proposed sewer rate increases. Mr. Siler explained that 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 drain on water fund Mr. Connet explained that the water base rate for in-town customers would increase from $6.02 to $9.00. The water base rate for out of town customers would increase from $12.00 to $15.00. The sewer base rate for in town customers would increase from $7.98 to $10.00 and the sewer base rate for out of town customers would remain $15.00. Mr. Connet also provided to the Council a comparison should the Council also elect to raise the usage rate 3% and 5%. Mr. Connet explained that the revenue generated from the increase would be used for capital cost that have been neglected for sO Mayor Moore asked Mr. Connet for his recommendation on the minimum amount the rates should be increased. Mr. Connet responded that it was his suggestion that the base rates be increased and the usage rate be increased by 3%. He stated that when the Council reevaluate the fund balance policy Councilman Harris stated that no one wanted to raise rates and asked ifi it was possible to go back to the LGC and inform them that rates were actually increased last June when a billing error was Councilman Wood questioned if the Council chose not to raise the rates, would the LGC not approve the $1.4 million loan. Mr. Connet explained that it was his opinion that it would make al big impression on the LGC if the rates were increased. If nothing more, increase the base rates to address some of  balance to balance the Water and Sewer fund budget.  long.  they. just adopted on June 30", they could also reevaluate the rate increases.  discovered.  the capital costs.  Councilman Harris suggested that staff report the following to the LGC:  The Town no longer is transferring funds from the W/S to the General Fund July 1st oft this year, staff corrected an error whereby the adopted rates were the actually charged rates. Estimated revenue of 70,000 (per Councilman Scott) was generated due to Worki is being completed on the WTP and on the I&ip project to control expenditures. The Town feels it has this under control and we are willing to further address itduring the new  this correction. budget session  The Town will conduct a cost of services assessment.  Mayor Moore stated that the Town has started making repairs and we are going to start paying contractors. If the Town doesn't get the loan then we are going to have to pay these contractors. Mr. Mayor Pro-Tem Ashley recalled that during the last budget, staff recommended a rate increase in water rates. Councilman Harris responded that it is the same increase staffi is proposing now.  Freeman stated that some contracts willl be cancelled.  43    Mayor Pro-Tem Ashley made a motion to approve the request as recommended to increase thev water and sewer rates by 5% and base rate increase of $9 and $15. The motion died for Councilman Dunn stated that at the last meeting the Council approved treatment on the sludge with the estimated savings of $230,000 a year. Mr. Freeman explained that the Town won't know the effect oft that until next fall and won'tr realize any oft those savings until the equipment is operational.  lack ofas second.  Councilman Scott made a motion, seconded by Councilman Harris, to deny the request of the rate increase and table this discussion. Revisit it when a recommendation to discuss it again isr made by the Mayor. Ask staff to go back tot the LGC with the changes that have been made and brought up tonight. In the interim, locate a company that will conduct a cost of services assessment. Councilman Scott, Councilman Harris, Councilman Lee, Councilman Wood, Councilman Dunn and Councilman Rabil voted in favor of the motion. Mayor Pro-Tem Ashley Mayor Pro-Tem Ashley questioned the cost oft the rate study. Mr. Connet responded that although he  voted against the motion. Motion passed 6-1.  was unsure of an exact figure, he estimated the cost could bel less than $20,000. 4. Triangle J. Council of Governments Delegate And Alternate Appointment  Councilman Harris explained that 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 a vacant alternate position on the Triangle J. Council of Governments Board of Delegates.  Councilman Harris made a motion, seconded by Mayor Pro-Tem Ashley, to appoint Councilman Wood to serve as the Delegate and Councilman Scott to serve as the Alternate.  Unanimously approved.  5. Discussion regarding the State Health Plan for Employee Health Care Coverage Human Resources Director Tim Kerigan gave the Council an update on consideration to continuing to pursue the State Health Plan for the Town of Smithfield employees. Mr. Kerigan explained that the legislature allowed 10,000 lives to be added to the State Health Plan. At the last meeting, the Council approved a resolution of intent which allowed the Town to get in que in the event that the 10,000 lives had not been exceeded. Mr. Kerigan stated it was the opinion of the Town's insurance broker, Mark III, that the Town was in good standing with its current health care plan and did not expect to see major increases in the premiums this year. The Town of Smithfield would nots see the health insurance savings as some of the neighboring Towns because Smithfield has been able to control premium costs. Mr. Kerigan informed the Council that there are positives and negatives to the State Health Plan, but the Town's current 80/20 plan is very comparable to the State Health Plan. One of the downfalls oft the State Health Plan is that once ar municipality enrolls in it, it can never exit the plan. Mr. Kerigan's biggest concern was for the thirty-two retirees currently covered on the Town's medical insurance plan and the sixty-two current employees that were hired prior to July 1, 2007. The State Health Plan will not insure the Town's thirty-two current retirees and the only option would be to find them coverage on the health care exchange. No one knows what that cost would be but Mr. Kerigan estimated that premiums would be much higher than the Town's current premium. Another concern was the sixty-two current employees that would eventually receive the retiree health care benefit. The Town's current health care provider or no other provider would just insure one group of people. A Town Attorney Bob Spence stated that the cost of the retirees and the potential retirees that were eligible for the health care benefit would likely cost the Town more by switching to the State Health  health care provider will only insure the entire group.  Plan.  Perry made a motion, seconded by Mayor Pro-Tem Ashley to table a decision on transitioning to the State Health Plan unless the Town was informed that they were eligible for enrollment into the plan. Should that occur, staff would bring that information back to Council for  consideration. Unanimously: approved.  44    6. - Authorization to allow Parks and Recreation staff to pursuel begin the grant Parks and Recreation Director Gary Johnson asked direction from Council concerning the filing of a grant application for land acquisition for parks. Mr. Johnson explained that the legislature approved $5 million more this year for land acquisition for parks. He stated that the Parks and Recreation Master Plan does address purchasing the Hamilton property near Community Park, but staff needs direction if Mayor Pro-Tem Ashley questioned if the request was obligating the Council to do anything. Mr. Johnson responded that he was seeking direction as to whether the Council wanted to pursue the Councilman Wood suggested that a subcommittee be formed which would include Mr. Johnson. This subcommittee would discuss and review the master plan and devise a strategy for the parks. Mr. Johnson stated that he did have reservations about purchasing more land, but the additional land Councilman Harris stated that the Council and staff needed to have some serious conversation about the direction of the Town's parks. He questioned if the Town should be adding additional land when Mayor Moore suggested that the subcommittee review the master plan and discuss the idea of pursuing the grant funding. He further suggested that the Parks and Recreation Advisory Committee be asked to offer their input on the matter. Councilman Wood and Councilman Lee volunteered to  application process for land acquisition around Community Park.  this is something that the Council wishes to pursue. grant funding andl land acquisition at this time.  could be used for much needed parking, open space and access to open space.  there were other parks that needed maintenance.  serve on the subcommittee. Councilmembers Comments:  Mayor Pro-Tem Ashley stated that the annual Christmas parade was fantastic and asked that staff Councilman Scott suggested that the Town consider offering free Wi-Fi in the Downtown area. He stated that Lexington does this and they have a very vibrant downtown. He also expressed his appreciation tol Interim Fire Chief. John Blanton and staff for bringing a recommendation to the Council  send at thank you letter to all the County staff that participated.  fori the purchase of ai fire truck that was under budget.  Town Manager's Report:  Department Reports Manager's Updates  o Ahighlight of each department's monthly activities was given to the Council.  Interim Town Manager Jim Freeman gave al brief update on the following subjects:  Thel FY2016-2017 budget process and the proposed budget meeting with a facilitator Completed Memorandum of Understanding with Johnston County and the Library Brogden  Potential Economic Development Grant Pre-application Road Substation Power Transformer Project  Closed Session: Pursuant to NCGS 143-318.11 (a) (6) and (3)  45    Mayor Pro-Tem Ashley made a motion, seconded by Councilman Dunn, to goi into closed session pursuant to NCGS 143-318.11 (a) (6) to discuss Town Manager applications and (a) (3) to discuss a potential litigation  matter. Unanimously approved at 9:35 pm. Reconvene in Open Session: Unanimously approved at 10:32pm.  Mayor Pro-Tem Ashley made a motion, seconded by Councilman Dunn, to reconvene in open session.  Recess until Thursday, January 14, 2016 at 6:00 pm  There being no further business, Councilman Dunn made a motion, seconded by Mayor Pro-Tem Ashley to  recess the meeting until Thursday, January 14" at6 6:00 pm. Unanimously approved.  M.A Andy Moore, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  46    The Smithfield Town Council continued the January 5, 2016 recessed meeting on Thursday, January 14, 2016 at  6:00 pm. in the Council Chambers of the Smithfield' Town Hall. Mayor M. Andy Moore presided.  Councilmen! Present: EmeryD D. Ashley, Mayor Pro-Tem Marion Lee, District1 Travis Scott, District: 3 RogerA A. Wood, District4 John A, Dunn, At-Large Stephen Rabil, At-Large  Councilmen. Absent Perry Harris, District 2  Administrative Staff Present Jim Freeman, Interim Town Manager Pete Connet, Interim Public Utilities Director Greg Siler, Finance Director Shannan Williams, Town Clerk  Call to Order II. Agenda Approval  Councilman Scott made a motion, seconded by Councilman Lee to approve the agenda as submitted.  Unanimously approved.  III. Called Session Agenda Items  1. Local Government Commission (LGC) Matters  Interim Town Manager addressed the Council on some of the recent developments with the LGC. Mr. Freeman explained that since the January 5th meeting, staff did have a January 7th phone conference with LGC Director Sharon Edmundson to discuss and relay Council's questions, especially if a possible water/sewer rate schedule increase could be delayed until completion ofa  rate study.  a. Water and Sewer Rate Increases  Mayor Moore stated that no one wanted to raise the water rates or sewer rates, but if the LGC denied the loan, the Town needed to have a contingency plan on how to pay for the Councilman Wood questioned the proposed increase of the base rate. Interim Public Utilities Director Pete Connet responded that water base rate for in town customers would increase from $6.02 to $9.00. The water base rate for out of town customers would increase from $12.00 to $15.00. The sewer base rate fori in town customers would increase from $7.98 to $10.00 and the sewer base rate for out of town customers would remain $15.00. Mr. Connet stated this would generate approximately $324,073.68 in revenue that could go strictly towards paying the debt service. Hei further explained that the base rate is af fixed cost that should be used fori infrastructure and not operational costs. Councilman Scott questionedi if the Town should only raise sewer rates since that is such a big part of the problem. Mr. Connet responded that both should bei increased because they Councilman Dunn stated that if the Town implements all these cost savings infrastructure Councilman Wood questioned if staff explored all option. Mr. Connet responded that staff  projects that were currently underway.  are contingent on water usage.  improvements then the rates can always be reduced later. has and still is continuing to explore every option.  47    Mayor Pro-Tem Ashley stated that during the last budget session there was discussion concerning water and water/sewer rates. It was recommended at that time that the base rate be increased to cover rising costs. He explained that the base rate charge should pay Councilman Wood stated that the Council has taken into consideration every possible option in order not to raise rates and at this time, based on the infrastructure needs, the Mayor Pro-Tem Ashley stated that if the Council chose to raise the rates, he would like to work with Public Information Officer Time Kerigan to craft a letter to the customers  fori infrastructure costs and usage should pay for operational costs.  Council really doesn'thave a choice. explaining the rate increase.  Councilman Wood made a motion, seconded by Councilman Dunn, to at this time, increase the water base rate for in town customers from $6.02 to $9.00; increase the water base rate for out oft town customers from $12.00 to $15.00; increase the sewer base rate for in town customers from $7.98 to $10.00.The sewer base rate for out of town customers would remain $15.00. This would be effective in the March billing. Councilman Wood, Councilman Dunn, Mayor Pro-Tem Ashley and Councilman Rabil voted in favor of the motion. Councilman Lee and Councilman Interim Town Manager Jim Freeman asked for direction in the event that the LGC does not approve the $1.43 million loan needed for thel& I project in the amount of $900,000 that has already begun and the Raw' Water and Sand Removal System Project in the amount of  Scott voted against the motion. Motion passed 4-2.  $530,000 that has already been awarded and will begin soon.  Mayor Pro-Tem Ashley made a motion, seconded by Councilman Wood, to proceed with the contracts and to pay for the above mentioned projects out of the water/sewer fund balance in the event that the LGC does not approve the $1.43  million loan. Unanimously approved.  b. Waterl Sewer Rate Study Proposals  Interim Manager Jim Freeman informed the Council that staff informally contacted four consultants to inquire about their interest in providing a cost of service study. Two companies expressed their interest in conducting the study. Raftelis estimated that the study could cost approximately $25,000 - $30,000. The Wooten Company estimated that the study could cost approximately $18,500 with and additional cost of $ 3,500 should the Town wish to have the Wooten Company assist with billing threshold changes. Interim Public Utilities Director Pete Connet informed the Council that the Town has never had a formal rate study on water or waterl sewer rates. He explained that with these models, the Town would actually receive the customized rate model and those models Councilman Scott questioned if a rate study would look at alternative rate methods. Mr. Connet responded that the rate study would look ata all possible scenarios. Mayor Pro-Tem Ashley questioned the high cost of the rate study and suggested that staff contact former Johnston County Public Utilities Director Tim Broom to inquire if he would Mayor Moore suggested that staff review all the cost of service proposals as well as speak It was the consensus of Council that staff compile all the water/ sewer cost of service proposals for the Council to make a decision at the February 2, 2016 regular meeting.  would be turned over to the Town for future use.  be able to assist the Town with a cost of service study.  with Mr. Broom.  48    2. Briefly  a. ARI Grant Project  Staff met with all the involved parties. A project administration agreement with Skip Green willl be brought before the Council at the February meeting for consideration and approval. Staff has had informal discussions on conducting a water/sewer topic meeting.  b. County Town Staff Meeting  NCDOT Hwy 70 Landscaping Project the contract was $349,918. d. Downtown State grant  NCDOT recently awarded this project to Charles Hughes Construction. The total amount of Please submit projects to the Manager as soon as possible. This item will be brought before the Council at the February meeting for consideration and approval. Bids for this project were opened at 2:00pm on January 14th. The apparent lower bid amount was $725,180 from GE. This project will be brought before the Council at the Load Management work session is scheduled for January 26"h at 6:00 pm in the Council Mayor Moore asked staff to contact the facilitator as to her schedule for the next several  e. Brogden Road Substation  February meeting for consideration and approval.  ( Council Work session Chambers  - Planning Budget Work session weeks to determine a suitable date for everyone.  IV. Close Session pursuant to NCGS 143-318.11 (a) (6) to consider the negotiated employee  hire and Town Manager candidate applications.  Mayor Pro-Tem Ashley made a motion, seconded by Councilman Wood, to go into closed session pursuant to NCGS 143-318.11 (a) (6) to consider the negotiated employee hire and Town Manager  candidate applications. Unanimously approved at 7:15 pm.  V. Reconvene in Open Session  Councilman Scott made a motion, seconded by Councilman Wood, to reconvene in open session.  Unanimously approved at 8:30pm.  VI. Adjourn  There being no further business, Councilman Scott made a motion, seconded by Councilman  Rabil, to adjourn the meeting. Unanimously approved at 8:31pm.  M./ Andy Moore, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  49    50    TOWN OF SMITHFIELD TOWN COUNCIL ACTION FORM  Item Title: Consideration of a motion not to require a Performance Bond in the purchase of Firetruck in the amount of $3300.00 Date of Meeting: February 2, 2016 Date Prepared: January 22, 2016  Staff Work By:  Presentation By: Consent agenda  John Blanton, Interim Fire Chief Presentation Description:  As part of the bid specifications, it was noted that a performance bond cost is to be included. Due to the lowest bid coming in over budget, the department negotiated to bring the firetruck within budget; as part of such negotiations, the performance bond came in at $3300.00. Council may waive this bond requirement. To not require the need for the Performance Bond the Town is not paying in advance for the truck. The truck purchase will be made after it has been completed and delivered therefore not requiring the performance bond. The approved purchase price of the truck with bond is $491,799.00 not requiring the bond would reduce the purchase  price to $488,499.00. Action Requested:  Itis requested that the Council not require the performance bond which is a  further savings to the Town.  51    52    Town of Smithfield Town Council Action Form  Item: Various budget amendments. See the description under each amendment.  Date of Meeting: February 2, 2016 Staff Work By: Greg Siler, Finance Director  Date Prepared: January 19, 2016 Presentation: Consent Agenda  Background: Budget amendments to adjust departmental salary lines for council approved merit increases. Merit increases were placed in each Fund's contingency line, therefore the Finance Director is moving dollars budgeted for merit increases from contingency to each  departmental salary line.  Financial Impacts: As indicated by each budget amendment  Action Requested: Consider Approving Budget Amendments as Presented  53    BUDGETI AMENDMENTS February,2016  GENERAL FUND 1. Expenditures  BEFORE $ 67,424 $ 67,718 221,702 1,967,451 158,115 711,692 61,051 174,516 175,890 36,687 463,492 252,011 44,000 207,095 125,000 91,000 85,000 329,350 5.239,194  ADJ.  AFTER 1,348 $ 68,772 1,354 4,434 39,349 3,001 14,234 10,116 3,490 3,518 734 9,270 5,040 880 4,142 2,500 1,820 1,700 (106.931) (0)  10-4100-0200 Gen Gov- Salaries 10-4200-0200 Finance Salaries 10-4900-0200 Planning- Salaries 10-5100-0200 Police Salaries 10-5100-0500 Police - FICA 10-5300-0200 Fire- Salaries 10-5300-0500 Fire- FICA 10-5500-0200 PW General- Salaries 10-5600-02001 PW Streets Salaries 10-5650-0200 PW Garage Salaries 10-5800-0200 PW Sanitation- Salaries 10-6200-0200 Recreation Salaries 10-6200-0210 Recreation Part1 Time Salaries 10-6220-0200 Aquatics Salaries 10-6220-0210 Aquatics PT General- Salaries 10-6220-0220 Aquatics PT Aquatics Salaries 10-6220-0230. Aquatics PTI Insructors Salaries 10-9990-5300 General Fund Contingency  69,072 226,136 2,006,800 161,116 725,926 71,167 178,006 179,408 37,421 472,762 257,051 44,880 211,237 127,500 92,820 86,700 222,419 5.239.194  To Adj Salary! lines forr meriti increase. Meriti increases were combined with contingency budget  2. Expenditures  30-7200-0200 Water Plant- Salaries 30-7220-0200 Water/Sewer- Salaries 30-9990-5300 Water/Sewer Fund Contingency  $ 321,760 $ 432,426 198,409 952,595  6,435 $ 328,195 8,649 (15.084) (0) S. 952,595  441,075 183.325  To Adjs Salary! lines for merit increase, Merit increases were combined with contingency! budget  3. Expenditures  31-7230-0200 Electric- -S Salaries 31-7230-0500 Electric- FICA 31-9990-5300 Electric Fund Contingency  $ 833,645 $ 16,673 $ 850,318  65,534 636.846 1.536.025  1,428 (18,101)  66,962 618,745 (0)  1.536.025  To Adj Salary lines forr merit increase. Merit increases were combined with contingency budget  Approved by the Smithfield Town Council this the  day of. January, 2016  M. Andy Moore  ATTEST:  Shannan' Williams,Town Clerk  54    TOWN OF SMITHFIELD RESOLUTION#575 (02-2016) AUTHORIZING THE SALE OF CERTAIN PERSONAL PROPERTY AT PUBLIC AUCTION  WHEREAS, the Town Council of the Town of Smithfield desires to dispose of certain surplus property of the Town in accordance with NCGS160A-270;  and  WHEREAS, the Town Council of the Town of Smithfield desires to utilize the  auction services of a public electronic auction service. NOW, THEREFORE, BE IT RESOLVED by the Town Council that:  1. The following described property is hereby declared to be surplus to the  needs oft the Town:  Dept. Police Police Police PW PW PW  Vin/Ser.#  Description  261WS553481263668 261WS553881266802 261WS553X81285148 T-972-LT SHD88  2008 Chevrolet Impala 2008 Chevrolet Impala 2008 Chevrolet Impala 6'6 Bushhog 6'B Bushhog 7%Flail Mower  Planning SG33B4203M  HP Design Jet 800 large format 42" Printer  2. The Interim Town Manager or his designee is authorized to receive, on behalf of the Town Council, bids via public electronic auction for the  purchase of the described property.  3. The public electronic auction will be held beginning no earlier than 4. The Town Council further authorizes the disposal of Town surplus property by use of a public electronic auction system provided by GovDeals Inc. The property for sale can be viewed at www.goydeals.com. Citizens wanting to bid on property may do so at www.goydeals.com. The terms of the sale shall be: All items are sold as is, where is, with no express or implied warranties; All items will be sold for cash or certified check only; Payment must be received for all items sold before they may be removed from the premises; All items sold must be paid for and removed from the site of the sale within 5 business days of the sale, or  February 15, 2016.  they will be subject tor resale.  55    5. The Town Clerk shall cause a notice of the public auction for surplus property to be noticed by electronic means in accordance with G.S. 160A- 270(c), available on the Town of Smithfield  website  www.amtmield-nc.com  6. The highest bid, ifit complies with the terms of the sale, may be accepted by the Finance Director or his designee and the sale consummated.  Adopted this 2nd day of February, 2016.  M. Andy Moore, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  56    RESOLUTION #! 576 (03-2016) IN SUPPORT OF THE  $2 BILLION BOND CAMPAIGN FOR EDUCATION, AGRICULTURE, PARKS  WATER & SEWER  WHEREAS, North Carolina has seen its population grow by 2 million people since 2000, and there is a need to expand and repair existing infrastructure sO we can continue to meet our growing population and continue to create new jobs and grow our economy and  WHEREAS, a primary driver of job creation is our higher education system of community colleges and universities and $1.3 billion dollars will be invested across the state in capital  construction and repair and renovation and  WHEREAS, 13 colleges and universities will be beneficiaries and all of the community WHEREAS, $300 million in loans and grants will be invested in sewer and water projects WHEREAS, $100 million will go to 48 state parks and the NC Zoo to repair and renovate as well as updating some park facilities to make them more accessible to children with  colleges will have new construction, repairs and renovations and  and  disabilities and Veterans with disabilities and  WHEREAS, $70 million will be spent to modernize National Guard facilities which will also make the guard eligible for additional federal funding as North Carolina moves towards  more centralized facilities and  NOW THEREFORE BE IT RESOLVED, that the Town of Smithfield supports the $2 Billion  Connect NC Bond that invests in North Carolina's future. ADOPTED THIS THE 2ND DAY OF FEBRUARY, 2016  M. Andy Moore, Mayor  ATTEST:  Shanna L. Williams, Town Clerk  57    RESOLUTION IN SUPPORT OF THE  $2 Billion Bond Campaign for Education, Agriculture, Parks,  Water & Sewer  WHEREAS, North Carolina has seen its population grow by 2 million people since 2000, and there is a need to expand and repair existing infrastructure sO we can continue to meet our growing population and continue to create new jobs and grow WHEREAS, a primary driver of job creation is our higher education system of community colleges and universities and $1.3 billion dollars will be invested across the WHEREAS, 13 colleges and universities will be beneficiaries and all of the community colleges will have new construction, repairs and renovations and WHEREAS, $300 million in loans and grants will be invested in sewer and water WHEREAS, $100 million will go to 48 state parks and the NC Zoo to repair and renovate as well as updating some park facilities to make them more accessible to WHEREAS, $180 million will be invested in agriculture which contributes $78 billion to the state's economy and accounts for 17 percent oft the state's income and WHEREAS, $70 million will be spent to modernize National Guard facilities which will also make the guard eligible for additional federal funding as North Carolina NOW THEREFORE BE IT RESOLVED, that the Executive Committee of the NCI League of Municipalities supports the $2 Billion Connect NC Bond that invests in  our economy and  state in capital construction and repair and renovation and  projects and  children with disabilities and Veterans with disabilities and  moves towards more centralized facilities and  North Carolina's future.  Approved this 18h day ofDecember 2015.  Lestine Hutchens, President of NCLM, Mayor of Elkin, NC Bob Matheny, First Vice President, NCLM, Mayor ofZebulon  Michael Lazzara, Second Vice President of NCLM, Mayor Pro Tem ofJacksonville Jennifer Robinson, NCLM Executive Board, Council Member, Cary Jody McLeod, NCLM Executive Board, Mayor of Clayton  Paul Meyer, Executive Director, NCLM  58    TOWN OF SMITHFIELD Town Council Action Form  Consent Item: Consideration and approval of an agreement with BB&T to  purchase the Family Life Center Building Date of Meeting: January 5, 2016 Presentation Description:  Date Prepared: January 26, 2016  The Family Life Center is located on the property owned by the Town of Smithfield. Recently the Town was notified that the owners can no longer operate Prior to the election, former Mayor John Lampe worked with the bank to negotiate a settlement in the event that the Town became interested in owning the building. Mr. Lampe informed the members of the Council that the bank has agreed to sell the building to the Town if the Town is in fact interested in purchasing it. The bank is willing to settle and sell the building for $25,000.  the center and the bank has foreclosed on the building.  Action Requested: The Council is requested to approve this request and authorize the Town attorney to work with the bank to draft the necessary documents and authorize the Mayor to execute the documents on behalf of the  Town.  59    60    TOWN OF SMITHFIELD Town Council Action Form  Consent Item: Consideration and approval of a professional service agreement  agreement with Skip Green and Associates Date of Meeting: January5,2016 Presentation Description:  Date Prepared: January 22, 2016  At the January meeting, The Council approved the contract agreement required to finalizing the grant award from the North Carolina Infrastructure Authority ("Rural Authority") to allow Atlantic Resources, Inc. to renovate the abandon Jerold Manufacturing Facility. Skip Green and Associates, Inc. will be working  with the Town and the ARI fori the administration of this grant.  Action Requested: The Council is requested to consider and approve the professional services agreement with Skip Green and Associates, Inc. for administration of "Atlantic Resources = Brightleaf Boulevard Building Renovation  Project Grant Number 2016-018-3201-2538.  61    Application Preparation and Administrative Services Agreement  SKIP GREEN AND. ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT  AGREEMENT  This Agreement made and entered into this day of  2016 by and  between Skip Green and Associates, Inc. hereinafter referred to as "Contractor" and the Town of Smithfield, hereinafter referred to as the "Client" to provide services as related tot the Client's Rural Economic Development Division, North Carolina Department of Commerce Building Reuse Program - Existing Business Category grant.  WITNESSETH:  THAT WHEREAS, the Contractor is engaged in the principal business of providing administrative, planning and grant services to Private entities, individuals and special WHEREAS, the Client has received a Rural Economic Development Division (REDD), Building Reuse Program - Existing Business Category grant to assist Atlantic WHEREAS, the Client desires to utilize the Contractor to provide administrative NOW, THEREFORE in consideration of the mutual promises and agreement to each  purpose units of government; and  Resources Incorporated in its renovation project. services in connection with this grant; and  other hereinafter set forth, Contractor and Client agree as follows:  SECTION ONE:  SCOPE AND TERM OF EMPLOYMENT  The Contractor will provide services to the Client as contained in' "Exhibit A" which is  attached to this agreement and made a part hereof.  SECTION TWO:  COMPENSATION OF CONTRACTOR  For and in consideration of the services, which may be provided under this Agreement, the Client hereby agrees to compensate the Contractor a lump sum fee of $3,500 for the preparation of the Grant and $10,000 for REDD Building Reuse - Existing Building grant administrative services. Administration payments will be due and payable as outlined in "Exhibit B" which is attached to this agreement and made a part hereof.  62    Application Preparation and Administrative Services Agreement  SECTION THREE: MODIFICATION OF CONTRACT  No waiver or modification of this Agreement or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by Contractor and Client and no evidence of any. waiver or modification shall be offered or received in evidence of any proceeding, arbitration, or litigation between the parties hereto arising out of or affecting this Agreement or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, duly executed as aforesaid, and the parties further agree that the provisions of this section may not be waived  except as herein set forth.  SECTION FOUR: LEGAL REMEDIES/TERMINATION  Ift through any cause, Contractor or Client fails to fulfill in ai timely and proper manner the obligations under this contract, Contractor and Client shall thereupon have the right to terminate this contract by giving fifteen (15) days written notice to the other party of such termination and by specifying the cause of termination and the effective date thereof. In any event, all finished or unfinished deliverable items prepared by the Contractor under this contract shall entitle the Contractor to receive just and equitable compensation for work completed and deliverable. Payment shall be for accrued fees for services and expenses incurred remaining unpaid at the time of termination. Itis further agreed that any breach or evasion of any of the terms of this contract by either party will authorize recourse to injunction and/or specific performance as well as to all other legal or equitable remedies to which such injured party may be entitled hereunder.  SECTION FIVE:  IMPOSSIBILITY OF PERFORMANCE  Neither the Contractor or Client shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign action, nuclear explosion, riot, strikes, boycott, civil insurrection, earthquake, hurricane, tornado or other catastrophic natural event or act of God.  SECTION SIX: SEVERABILITY  All agreements and covenants contained herein are severable, and in the event any of them, with the exception of those contained in Section One and Three hereof, shail be held to be invalid by any competent court of law, this contract shall be interpreted as  ifsuch invalid agreements or covenants were not contained herein.  63    Application Preparation and Administrative Services Agreement  SECTION SEVEN: CHOICE OF LAW  Itis the intention of the Contractor and Client that this Agreement and the performance hereunder and all suits and special proceedings hereunder be construed in accordance with and under and pursuant to the federal laws and to the laws of North Carolina and that in any action, special proceeding or other proceeding that may be brought arising out of, in connection with, or by reason of this Agreement, the federal laws or the laws of the State of North Carolina shall be applicable and shall govern to the exclusion of any other forum, without regard to the jurisdiction in which any action or  special proceeding may be instituted.  SECTION EIGHT: CONFLICT OF INTEREST  No member, officer, or employee of the recipient, or its agents, no members of the governing body of the locality in which the program is situated, and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his/her tenure or for one year thereafter, shall have any financial interest, direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The recipient shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this  section.  SECTION NINE: ADDITIONAL SERVICES  This contract may be modified as set forth in' "SECTION THREE" to enable additional services to be performed. Additional services are those resulting from (1) the Contractor being asked to perform duties beyond those contained in the original scope of work and (2) the Contractor having to spend additional time to complete activities due to circumstances beyond the Contractor's control. The Contractor's lump sum does not a. The Contractor shall provide additional services, as requested in writing by the b. In the event that the project completion is anticipated to fall behind schedule due to circumstances beyond the control of the Contractor, the Contractor shall request additional compensation from the Client at hourly and per diem rates contained in the Contractor's proposal to provide administrative services, which by attachment is a part  include compensation for providing additional services.  Client and accepted by the Contractor, at an hourly rate of $90.00.  of this Agreement.  64    Application. Preparation and Administrative Services Agreement  This Agreement now therefore executed as each party hereunto sets their hand and  seal as of the date first mentioned above.  CONTRACTOR:  CLIENT: Town of Smithfield  Skip Green and Associates, Inc.  Jesse W. Green, Jr., President  Date  Date  65    Application Preparation and Administrative Services Agreement  EXHIBIT- -A  APPLICATION DEVELOPMENT AND PROJECT MANAGEMENT SERVICES  RURAL ECONOMIC DEVELOPMENT DIVISION, BUILDING REUSE PROGRAM-  EXISTING BUSINESS CATEGORY SCOPE OF SERVICES  Scope of Services I.  APPLICATION PREPARATION a. Prepare preapplication. Prepare and submit application. d. Attend company on-site visit. .GENERAL PROJECT. ADMINISTRATION a. REDD file maintenance.  b. Set-up and participate in preapplication conference.  b. Review, recommend and prepare payment requisitions. Prepare progress and final project reports for submittal to the REDD. d. Tracking/maintaining company employment documentation.  66    Application Preparation and Administrative Services Agreement  EXHIBITE B  COMPENSATION  RURAL ECONOMIC DEVELOPMENT DIVISION, BUILDING REUSE PROGRAM -E EXISTING BUSINESS CATEGORY PROJECT ADMINISTRATION  Application Preparation  Subject tot the application being approved, a $3,500 lump sum payment billable upon the  receipt, execution and submittal of the REDD Grant Agreement.  Project Administration Lump sum payment of $10,000.  Project schedule: Project begins: 02/01/2016  Project ends: 02/01/2018  15% of the lump sum payment will be paid as 24 equal payments for general project 80% of the lump sum payment will be paid toward the total contracted cost for project construction activities based on the percent of the amount of work completed to date on the most recent construction invoice(s) received and approved by the Town. 5% of the lump sum payment will be paid after the submittal and acceptance of the Any unpaid amounts (general project administration) up to the lump sum will be paid when the Town submits project close-out documentation and receives REDD  administration.  Rural Economic Development Division's Final Report.  acknowledgment the project has been closed-out..  67    68    SMITHFEID  NORTH CAROLINA  Town of Smithfield Town Council Action Form  Item Title: Public Works Facility Renovations  Date of Meeting: February 2, 2016 Date Prepared: January 28, 2016 Staff Work By: Lenny Branch, Public Works Director, Russell Renfrow Public Works  Supervisor  Presentation By: Lenny Branch Presentation Description:  In this year's (FY 15-16) budget, the Public Works Appearance Division was approved $15,000 to renovate the Public Works facility. The renovations consist of constructing an ADA compliance entrance ramp coming into the building, replacing old doors and installing commercial grade ADA compliance ones; replacing old leaking windows with new double  insolate versions. Bids were solicited from the following vendors:  SOHN Inc. Lane Contracting Huskey Builders Steven Post  $14,963.00 $15,250.94 $15,500.00 (verbal) Did not turn in bid  Action Requested: Council is requested to award the renovation project to the lowest bidder  (SOHN Inc.) int the amount of $14,963.00  69    SOHN, INC. 1615 Fire Dept. Rd. Clayton, NC 27527 919-612-5789 PROPOSAL  Date: December 28, 2015  To: Re:  Town of Smithfield Renovations Attn: Lenny Branch Window replacement seal. Cabinet Hallway  1. Remove 4 existing windows.  2.. Replace with new vinyl sliders with locks, Low E with argon gas, tinted. Caulk and  1. Build solid wood cabinet to enclose communication devices. 2. Doors to be hollow metal frames and solid wood with hardware. 3. Interior finishes to match existing walls, trim and paint.  1. Reframe hallway area to accommodate 2 new doors and eliminate one existing door.  Front Entry closure,  1. Remove existing front door and install commercial style door with hardware and 2. Remove area of existing concrete at: front entry and rej pour to provide one parking place  and entry to make it handicap and. ADA qualified. 3. Provide all striping and signage as required. 1. Cut al hole in existing masonry. 2. Frame new hole to accept new vinyl window.  New Window  3. Install new vinyl slider with locks, Low E with argon gas, tinted. Caulk and seal.  Total Bid.. Sohn, Inc. Ted Sohn  $14,963.00  70    Lane's Contracting, Inc. 104 E. Riverside Drive Smithfield, NC27577 Phone: 919-631-6112 Fax: 919-934-8414 Customer Address Lane's Contracting, Inc. 1041 EF Riverside Drive Smithfield, NC 27577  Estimate  Date 1/26/2016  Job Address Town of Smithfield Smithfield, NC27577  Description  Total 15,250.00  Window Replacement 1. Remove: 36 existing windows Cabinet Hallway  2. Replace witht new vinyl sliders with locks, low! Ewith argon glass, tinted, caulk and seal  Build solid woodo cabinet tos enclose communication devices 1. Reframe hallway area tos accommodate 3 new doors ande eliminate one existing door 2. Doors tol bel hollow metalf frames ands solidy wood withl hardware 3.1 Interior finishest tor matche existing walls, trim andp paint.  Front Entry New Window 1.Cut aholei ine existing masonry. 2. Framer newi holet tos accept new vinyl window.  1.F Remove existing front doore andi install commercial style door withl hardware and closure. 2. Remove area ofexisting concrete ati fronte entry andr repour tor makee entryl handicapped and. ADA qualified  3. Install new vinyl slider with! locks, low E with argon gas, tinted, caulk and seal.  Total  $15,250.00  Payment tol ben madei in fullt upont the completion of work. Materiali is guaranteed tol be as specified. All work ist to be completedi ina a workmanlike manner accordingt tos standard practices. Alterations or deviations fromi the above specifications involving extra costs willl be executed only upon written orders andy willl become ane extra charge over and above the estimate. Warrantee cani not bet transferredi tos someone else. There are no The above process, specifications, and conditions ares satisfactory and arel hereby accepted. Lane's Contracting, Inc. is authorizedt to dot the above work ass specified. Any warranties ont roofa are not valid until balancel has paidi in full. NOTE: All proposals may! be withdrawn by usi ifnot accepted  guarantees on repair work.  ACCEPTANCB OFI PROPOSAL: within 30 days.  Signature:  Date:  71    72    Town of Smithfield Town Council Action Form  Item: Board Appointments Date of Meeting: February 2, 2016 Staff Work By: Shannan Williams  Date Prepared: January 22, 2016 Presentation: Consent Agenda  Presentation:  Current Board vacancies are as follows: Appearance Commission - 4 positions Parks and Recreation Advisory Commission - 2 Position and 2 High School student positions (2year term) Planning Board -1ETJ Alternate Position  Board Appointment Considerations  1. Anita Liverman has submitted an application for consideration to be reappointed to 2. Robert Worsham has submitted an application for consideration to be reappointed to 3. Regina Sanders has submitted an application for consideration to be reappointed to 4. Paul Worley has submitted an application for consideration to be reappointed to servea 5. Sandra O'Berry has submitted an application for consideration to be reappointed to 6. Daniel Sanders has submitted an application for consideration to be reappointed to  serveasecond term on the Appearance Commission serve at third term on the Appearance Commission. serve at fourth term on1 the Appearance Commission. fifth term on the Board of Adjustments.  serve a second term on the Library Board ofTrustees.  serveat third term on the Parks and Recreation Advisory Board.  There have been no other inquiries at this time.  73    74    SMITHFIEID  NORTH CAROLINA Town of Smithfield Board, Commission, or Committee  Application  Name:  Liverman (Last)  Anita (First)  L (MI)  Home Address: 803 Baker Street omakfiel 14,NC27577  Business Name & Address: Telephone Numbers:  aniyulive-apait.car  (Home)  (Mobile)  (Emai)  Please check the Board(s) that you wish to serve on:   a o a o  Appearance Commission Board of Adjustment In Town Resident Board of Adjustment ETJ Member Historic Properties Commission Library Board of Directors  0 D 0 0  Parks/Recreation Advisory Commission Planning Board In-Town Resident Planning Board ETJ Resident  Other:  Interests & Skills: Aarlening  Ort  NLTthechre Sets  o  enjoy 0  pantdress  Circle highest level of education completed: (High School) 10 11 12 GED College 1 234 56)  Recent Job Experiences: JolotleahDept SuaauunkC a004  Civic or Service Organization Experience: appeurane Commission 2013-2016 Hrpitetlouse-volust euse e theaireBand, Friendsd hrary Boanly ocohrts Cowaci0y Boar Ava facinerk MuSCIAb Town Boards previously served on and year(s) served: Smath-fiee appacante Comusbim 2013.2 2016  Please list any other Boards/Commissions/Committees on which you currently serve:  75    Why are youi interested in serving on this enuCommisonCampiten Currevlly IAlalved WHh 67 CommisSry  alaatthrangi-pjats  Affirmation of Eligibility: jurisdiction?  Has any formal charge of professional misconduct, criminal misdemeanor or  felony ever been filed against you in any  DYes ANo Ify yes, please explain disposition:  Ist there any conflict of interest or other matter that would create problems or prevent from discharging your duties as an appointee oft the Smithfield Town Council? 0 Yes p No you  fairly and impartially  Ifyes, please explain:  understand this application is public record and I certify that the facts contained in  the best of my knowledge. lauthorize and consent to statements contained herein as deemed investigation. I understand and agree that any misstatement oauCommisoncommiee I understand body that this is cause for removal. itis expected that IV will attend at least 75% of all meetings BomruCommisonCommite to which I and requests for updates will be Board/Commissionission/Commitee. Further, Lhave received a Printed Name: Anita L.kiverman Signature: ladPrlnmn  this application are true and correct to any damages that may result from this may be cause for my removal from any  background checks and to the investigation and verification of all  qualifications to be investigated and release appropriate all and if necessary. further authorize all information concerning my important and, accordingly, further understand that regular if attendance to any Council oaaCommsbnCommitee is  parties from all liability for  my attendance is less than the standards established for any such during any one calendar year to maintain my seat on any  Lacking any written standards for attendance sought prior to any consideration for reappointment  by any BoamCommisonCommnte.  may be appointed. This form will remain on file in the Office of the City Clerk  of the copy  (or future appointment) to any  contents.  Policy adopted 03-04-2008 and understand its  Date: %22,a01b  Return completed fort to: Shannan' Williams Town Clerk P.O. Box 761  Smithfield, North Carolina 27577  Phone: (919)934-2116 Fax: (919)989-8937 E-Mail: nannan.wllgms@smithfeld-nc.com  Applicants are required to be a resident of the Town of Smithfield for In-Town positions  and within the Town's ETJ for ETJ positions  76    SMTHIED  NORTH CAROLINA Town of Smithfield Board, Commission, or Committee  Application  Name:  Worskam  Bobert  L  Home Address: MBs.Nerment Stretmildu, Ne 22757-MP  Business Name & Address:. Sclf EMPLOyeD  Telephone Numbers:  bwholamlenerrcon  (Home)  (Mobile)  (Email)  Please check the Board(s) that you wish to serve on:  Appearance Commission Board of Adjustment In Town Resident Board of Adjustment ETJ Member Historic Properties Commission Library Board of Directors  a 0 D 0  Parks/Recreation Advisory Commission Planning Board In-Town Resident Planning Board ETJ Resident  0 a D D  Other:  Interests & Skills: continue h delermire  K  Snithy firke appeaane  baffafmpejsk impue  3Lalls I Manepnet 7cadersly, feam -4 bidling  Circle highest level of education completed: (High School) 10 11 12 GED College 1 234 466  Recent Job Experiençes: slfemplogel for izetay  4  MpefHepatws epesnfahe  Civic or Service Organization  fommission Clafr(3 sers). Vicc-Cle  0 years) EpeargE P7nonce dommitfees  Chk Klder  cerd  Azab  Poperty  Town Boards previously served on and year(s) served: Appeamres Ommissin-5 yeals  Please list any other Boards/Commissionssions/Committees on which you currently serve:  77    Why are you interested in serving.on this oanuCommgsoncemy  DuR  Tapnin  fy Affirmation of Eligibility: jurisdiction?  poyds aced cppbt Nitl  dnf Jocun Lourat  aha  Has any formal charge of professional misconduct, criminal misdemeanor or felony ever been filed against you in any  oYes bNolfyes, please explain disposition:  Is there any conflict of interest or other matter that would create problems or prevent you from fairly and impartially discharging your duties as an appointee of the Smithfield Town Council? a Yes /No Ifyes, please explain:  lunderstand this application is public record and I certify that the facts contained in this application are true and correct to the best of my knowledge. authorize and consent to background checks and to the investigation and verification of all statements contained herein as deemed appropriate and if necessary. further authorize all information concerning my qualifications to be investigated and release all parties from all liability for any damages that may result from this investigation. I understand and agree that any misstatement may be cause for my removal from any Board/Commissionission/Committee. understand regular attendance to any Council Board/Commissionission/Committee is important and, accordingly, Ifurther understand that if my attendance is less than the standards established for any such body that this is cause for removal. Lacking any written standards for attendance by any CoaraCommseNcommise itis expected that I will attend at least 75% of all meetings during any one calendar year to maintain my seat on any Board/Commission/Committee to which I may be appointed. This form will remain on file in the Office of the City Clerk and requests for updates will be sought prior to any consideration for reappointment (or future appointment) to any Board/Commission/Committee. Further,lhave received a copy of the Policy adopted 03-04-2008 and understand its  contents. Printed Name: Signature:  woBham  BbertL.  Detrlhk  Date: 1a5/90/6  Return completed for to: Shannan' Williams Town Clerk P.O. Box 761  Smithfield, North Carolina 27577  Phone: (919)934-2116 Fax: (919)989-8937 E-Mail: shannan.wilamsc@smithtet-nc.com  Applicants are required to be a resident of the Town of Smithfield for In-Town positions  and within the Town's ETJ for ETJ positions  78    SMITHVIED  NORTH CAROLINA Town of Smithfield Board, Commission, or Committee  Application  Name: 5mders  Reqina  (Last)  (First)  (MI)  Home Address: 35EHeah Ave SuitArld,Nc 17577  Business Name & Address: Telephone Numbers:  rpsAnders 525AyAhoecon  (Home)  (Mobile)  (Emal)  Please check the Board(s) that) you wish to serve on:   a 0 o  Appearance Commission Board of Adjustment In Town Resident Board of Adjustment ETJ Member Historic Properties Commission Library Board of Directors  D a 0 D  Parks/Recreation Advisory Commission Planning Board In-Town Resident Planning Board ETJ Resident  Other:  Interests & Skills: Compukrlirak Larking GaMAh.M  Circle highest level of education completed: (High School) 10 11 12 GED College23.456  Recent Job Experiences:  Retred  Civic or Service Organization Experience: Sahnshn Lo Chizers Assoc.  Town Boards previously served on and year(s) served:  NoNE  Please list any other Boards/Commissionssions/Commitees on which you currently serve:  NoN/E  79    Why are you interested in serving on this BoarCaypymCommi, A Loe ofte tocoN Tlive i  Ad_making  hesfarur Aaturs goueratm  Affirmation of Eligibility: jurisdiction?  Has any formal charge of professional misconduct, criminal misdemeanor or felony ever been filed against you in any  DYes Nolfyes, please explain disposition:  Is there any conflict of interest or other matter that would create problems or prevent you from fairly and impartially discharging your duties as an appointee oft the Smithfield Town Council? a Yes a No If yes, please explain:  lunderstand this application is public record and I certify that the facts contained in this application are: true and correct to the best of my knowledge. lauthorize and consent to background checks and to the investigation and verification of all statements contained herein as deemed appropriate and if necessary. Ifurther authorize all information concerning my qualifications to be investigated and release all parties from all liability for any damages that may result from this investigation. I understand and agree that any misstatement may be cause for my removal from any Board/Commissionission/Commitee. I understand regular attendance to any Council Board/Commission/Committee is important and, accordingly, 1 further understand that if my attendance is less than the standards established for any such body that this is cause for removal. Lacking any written standards for attendance by any Board/Commission/Committee, itis expected that I will attend at least 75% of all meetings during any one calendar year to maintain my seat on any Board/Commission/Commitee to which I may be appointed. This form will remain on file in the Office oft the City Clerk and requests for updates will be sought prior to any consideration for reappointment (or future appointment) to any Board/Commissionission/Commitee: Further, I'have received a copy of the Policy adopted 03-04-2008 and understand its  contents. Printed Name: Signature:  PSanders P gandons  Date: 2-2/-K6  a  Return completed for to: Shannan' Williams Town Clerk P.O. Box 761  Smithfield, North Carolina 27577  Phone: (919)934-2116 Fax: (919)989-8937 E-Mail: shannan.Mllams@smithfeld-nc.com  Applicants are required to be a resident of the Town of Smithfield for In-Town positions  and within the Town's ETJ for ETJ positions  80    SMITHFIEVD  NORTH CAROLINA Town of Smithfield Board, Commission, or Committee  Application  Name: Home Address:  Sandra (First)  L (MI)  Dhuny  Business Name & Address: 1005 Cheslmat Drwe, Bmaifiala  Telephone Numbers:  (Home)  (Business)  (Mobile)  Please check the Board(s) that you wish to serve on:  9 9 a 49  Appearance Commission Board of Adjustment In Town Resident Board of Adjustment ETJ Member Historic Properties Commission Library Board of Directors  9 9 9 9  Parks/Recreation Advisory Commission Planning Board In-Town Resident Planning Board ETJ Resident  Other:  Interests & Skills: A, wiciling Gwrag Back., Boks Rent  Circle highest level ofe education completed: (High School) 10 11 12 GED College1 23,456) Recent Job Experiences: 37 years huckiid gohob Caty  Avt  Civic or Service. Organization Experience: Presadat luior Womanse Club, PAMALAIA Laaslle BAakL Malis ASSC Salraien Dnma natoih 357h e Chawy  Boyohngin Carty azloCoueil Town Boards previously served on and year(s) served: NMNE  Please list any other Boards/Commissions/Committees on which you currently serve:  I hane wokehen nuu Oe ed Awwve aetwies  thens Car hemembens sellre PDDIes,  0 a ehcQ  Lint, Sones shat.      Why arey you interested in serving on this BoaraCammiasprCommite, hip Aarch locel  Sfrala ho halp AAe ms haw t s2 ar woeleing tmbJirdo dtla tibras  w5lh Dass Ls ths stack J wld Riks   Affirmation of jurisdiction?  pphe pra.  51 ttee a TR hng  Eligibiltypf tok G- Varger nol  Has any formal charge of professional misconduct, criminal misdemeanor or felony ever been filed against you in any  9Yes (No)fyes. please explain disposition:  Is there any conflict of interest or other matter that would create problems or prevent you from fairly and impartially diecharging your duties as an appointee of the Smithfield Town Council? 9Yes 9(NO) Ifyes, please explain:  lunderstand this application is public record and lcertify that thet facts contained in this application are true and correct to the best of my knowledge. lauthorize and consent to background checks and to the investigation and verification of all statements contained herein as deemed appropriate and if necessary. Ifurther authorize all information concerning my qualifications to be investigated and release all parties from all liability for any damages that may result from this investigation. I understand and agree that any misstatement may be cause for my removal from any BouroComm-tmComnis. I understand regular attendance to any Council BoarcCommasoNCammsee is important and, accordingly, If further understand that if my attendance is less than the standards established for any such body that this is cause for removal, Lacking any written standards for attendance by any BoraCommisaenComme. itis expected that I will attend at least 75% of all meetings during any one calendar year to msintain my seat on any Board/Commission/Committee to which I may be appointed. This form will remain on file in the Office of the City Clerk and requests for updates will be sought prior to any consideration for reappointment (or future appointment) to any Board/Commissionission/Commitee. Further, Ihave received a copy of the Policy adopted 03-04-2008 and understand its  contents.  Printed Name: Sandra Q'Berry  Signature:, Mardis Retur completed forto: Shannan' Williams Town Clerk P.O. Box 761 Smithfield, North Carolina 27577  Date:  /  VORug  Phone: (919)934-2116 Fax: (919)989-8937 E-Mail; hennen.willamscsmlhteld-ne.com  Applicants are required to be a resident of the Town of Smithfleld for In-Town positions  and within the' Town's ETJ for ETJ positions  82    SMITHFIED  NORTH CAROLINA Town of Smithfield Board, Commission, or Committee  Application  Name: Home Address:  Worley (Last),  PAu  C (MI)  "18 Slen Dc SHhRe NC 27577  Business Name & Address: NCDOT Telephone Numbers:  L5-Wilwiagfest, RaleighNe 27601  (Home)  (Mobile)  Pa-tye Pgaice  Please check the Board(s) that you wish to serve on:  D a D a  Appearance Commission Board of Adjustment In Town Resident Board of Adjustment ETJ Member Historic Properties Commission Library Board of Directors  0 0 0 0  Parks/Recreation Advisory Commission Planning Board In-Town Resident Planning Board ETJ Resident  Other:  Interests & Skills: Vawspartekin, public thvslvement. turelahaus  Circle highest level of education completed: (High School) 10 11 12 GED College 1 2 3(4)56 Recent Job Experiences: Rail Drcehor, NCDor 203-pesut  ASr RBail Diechry AEDOT  96-2013  Civic or Service Organization Experience:  Héllowship LoigBAF.AM  opprog 1  Town Boards previously served on and year(s) served: Panins Bal - 1992-2001  Please list any other Boards/Commissions/Commitees on which you currently serve:  83    Why are you interested in serving on this Board/Commission/Commitee? Loal public Service  Affirmation of Eligibility: jurisdiction?  Has any formal charge of professional misconduct, criminal misdemeanor or felony ever been filed against you in any  OYes gNolfyes, please explain disposition:  Is there any conflict of interest or other matter that would create problems or preyent you from fairly and impartially discharging your duties as an appointee oft the Smithfield Town Council? a Yes dNo Ifyes, please explain:  Lunderstand this application is public record and I certify that the facts contained in this application are true and correct to the best of my knowledge. lauthorize and consent to background checks and to the investigation and verification of all statements contained herein as deemed appropriate and if necessary. Ifurther authorize all information concerning my qualifications to be investigated and release all parties from all liability for any damages that may result from this investigation. I understand and agree that any misstatement may be cause for my removal from any Board/Commissionission/Commitee. I understand regular attendance to any Council Board/Commission/Committee is important and, accordingly, Ifurther understand that if my attendance is less than the standards established for any such body that this is cause for removal. Lacking any written standards for attendance by any oanCommisonCommie. itis expected that I will attend at least 75% of all meetings during any one calendar year to maintain my seat on any Board/Commission/Committee to which I may be appointed. This form will remain on file in the Office of the City Clerk and requests for updates will be sought prior to any consideration for reappointment (or future appointment) to any oadCommisonCommitee Further, Fhave received a copy of the Policy adopted 03-04-2008 and understand its  contents. Signature:  Printed Name: LAU Q. Worley  Date: Lale  Return completed for to: Shannan Williams Town Clerk P.O. Box 761  Smithfield, North Carolina 27577  Phone: (919)934-2116 Fax: (919)989-8937 E-Mail: hannan.wllamsc@smithteldnc.com  Applicants are required to be a resident of the Town of Smithfield for In-Town positions  and within the Town's ETJ for ETJ positions  84    SMITHFIED  NORTH CAROLINA Town of Smithfield Board, Commission, or Committee  Application  Name: Somlins  Danil (First)  d  (Last),  Home Address: 355 fleath ate  Sanutkull DMA2522  Business Name & Address: Telephone Numbers:  RPSonkrs  (Home)  (Mobile)  (Email)  arlg  Please check the Board(s) that youy wish to serve on:  D a o a a  Appearance Commission Board of Adjustment In Town Resident Board of Adjustment ETJ Member Historic Properties Commission Library Board of Directors  & 0 0 0  Parks/Recreation Advisory Commission Planning Board In-Town Resident Planning Board ETJ Resident  Other:  Interests & Skills:  24y  Circle highest level of education completed: (High School) 10 11 62 GED College 1 23456  Recent Job Experiences:  fahal)  Civic or Service Organization Experience:  NANeP  Town Boards previously seryed on and year(s) served: Aaki + Rocneati  planay BOARA  Please list any other Boards/Commisions/Committees on which you currently serve:  Nonk.  85    Why are youi interested in serving ont this oagpnsyyconytn  orcthe Bitbr  Z  Iha  Affirmation of Eligibility: jurisdiction?  Has any formal charge of professional misconduct, criminal misdemeanor or felony ever been filed against you in any  oYes No Ify yes, please explain disposition:  Is there any conflict of interest or other matter that would create problems or prevent you from fairly and impartially discharging your duties as an appointee of the Smithfield Town Council? o Yes a No Ifyes, please explain:  470  lunderstand this application is public record and Icertify that the facts contained in this application are true and correct to the best of my knowledge. lauthorize and consent to background checks and to the investigation and verification of all statements contained herein as deemed appropriate and if necessary. further authorize all information concerning my qualifications to be investigated and release all parties from all liability for any damages that may result from this investigation. I understand and agree that any misstatement may be cause for my removal from any Board/Commissionission/Commitee. LU understand regular attendance to any Council oaCommsecomnitee is important and, accordingly, Ifurther understand that if my attendance is less than the standards established for any such body that this is cause for removal. Lacking any written standards for attendance by any oarCommisanCommite. itis expected that I will attend at least 75% of all meetings during any one calendar year to maintain my seat on any Board/Commission/Committee to which I may be appointed. This form will remain on file in the Office of the City Clerk and requests for updates will be sought prior to any consideration for reappointment (or future appointment) to any Board/Commissionission/Commitee: Further,thave received a copy of the Policy adopted 03-04-2008 and understand its  contents.  Printed NmDANZLL SAMERS Signature: Donil à Aanles  Date: -R/-rb  Return completed for to: Shannan Williams Town Clerk P.O. Box 761  Smithfield, North Carolina 27577  Phone: (919)934-2116 Fax: (919)989-8937 E-Mail: shannanwllamsc@smtntield-nc.com  Applicants are required to be a resident of the Town of Smithfield for In-Town positions  and within the Town's ETJ for ETJ positions  86    Town of Smithfield Town Council Action form  Item: Pay Increase for Morning SRAC Receptionist  Date ofr meeting: February 2, 2016  Date prepared: January 25, 2016  Staffwork' by: Gary Johnson /Dale Ham Presentation: Gary. Johnson/ /I Dale Ham Presentation: The Smithfield Recreation and Aquatics Center would like to ask for a pay raise for an employee who has currently served as the SRAC Morning Receptionist since it's opening in May of 2009. This employee has been a dedicated employee and is av valued asset to the SRAC as she is a "key holder" (the only part-time employee that maintains a key), she opens the facility every weekday morning (at 5:30 a.m.) and manages the facility until full-time personnel arrive at 8:00 a.m. She has consistently exceeded expectations and goals and always goes beyond the call of duty to make sure the SRAC operates as designed and as policy calls. She has never been late or absent over the past 6 years and again, has the sole responsibility of assuring the SRAC in open to our members and guests by 5:30 a.m. every Monday through Friday operating hours. As per request, the SRAC Operational Budget or the current line item (10.6220.0210) would not see an increase or need an amendment as this could be absorbed into the  current budget (FY 15-16).  Action Requested: The Smithfield Recreation and Aquatics Center requests aj pay rate  increase for this employee from ai rate ofs11.00/hour to $12.00/hour.  87    88    Town of Smithfield Town Council Information Form  Item: Date ofl Meeting: Staff Work By: Background meeting. Action Requested  Filled Vacancies February 02, 2016 Tim Kerigan, HR Director  Date Prepared: January27,2016  Per Policy, upon thel hiring of a new or replacement employee, the Town Manger or Department Head shall report the new/replacement hire tot the Council on the Consent Agenda at the next scheduled monthly Town Council  The Town Council is asked to acknowledge that the' Town has successfully filled the following vaçancies in  açcordance with the Adopted FY 15-161 Budget,  Position Water Plant Operator II Police OfficerI P/T SRAC Staff P/T SRAC Staff  Department PU- Water Plant Police P&R- Aquatics P&R-4 Aquatics  Budget Line RateofPay 30-7200-0200 $14.173/hr ($29,473.60/yr) 10-5100-0200 $16.033/hr ($35,851.92/yr) 10-6220-0210 $9.00/hr 10-6220-0210 $7.25/hr 30-7220-0200 $24.038/hr( ($50,000/yr)  Water/Sewer Superintendent PU- Water/Sewer  89    90    Business Items        Town of Smithfield Town Counçil Action Form  Item: Consideration for Approval of Water/Sewer Rate Study with Wooten and Company  Date of Meeting: February 2, 2016  Date Prepared: January 26, 2016 Presentation: Regular Agenda  Staff Work By: Jim Freeman, Interim Town Manager  Pete Connet, Interim Utility Director Greg Siler, Finance Director  Background: Responding to the NC Local Government's (LGC) December correspondence concern that Smithielf'swater/sewer: rates may not generate sufficient revenues to take on future capital project loan debt servicing, Council's directed staff at its. January 5th meeting to solicit consultant firms that undertake said study. At Council's January 14t"d called meeting, staff reported receiving two water/sewer study cost proposals out of four firms contacted. These were from the Wooten Company at $18,500-$22,000 (Exhibit A) and Raftelis Financial Consultants at $25,000-$30,000 (Exhibit B). Resulting was some Council concern that these costs could be high, staff was asked to contact a local, Tim Broome, who was familiar with Smithelfswate/sewer system about a proposal. The local contact was made and unfortunately thei individual declined due to potential conflict of interest being he works part- As aware, the Local Government Commission strongly recommends that the Town undertake a water/sewer study and consider said study'sresulting rate schedule recommendation ini its FY2016-2017 Budget. This was referenced in the Town's. January 21* correspondence to the Local Government Commission (Exhibit D). Therefore, the two earlier water/sewer cost study proposals (Exhibit A and B) are presented for Council's review and consideration. It is staff's recommendation that The Wooten Company be awarded the water/sewer rate study at a maximum $22,000 cost. The' Wooten Company's proposal is the lowest cost proposal, and said In a related matter, please note that the cost of a water/sewer rate study is not budgeted in this current year's budget, thereby after award, al budget amendment would be forthcoming  time for. Johnston County (Exhibit C).  company is familiar with the Town and our capital project needs.  from the Water/Sewer Retained Earnings (Fund Balance). Attachment(s): Wooten Company Proposal (Exhibit A)  Raftelis Financial Consultants Proposal (Exhibit B) Tim Broome Response (Exhibit C) Town of Smithfield Response Letter to LGC (Exhibit D)  Action Requested: Award the Town'swater/sewer rate study to The Wooten Company at a maximum  cost of $22,000.  91    Exhibit A  THE WOOTEN COMPANY ENGINEERING PLANNING ARCHITECTURE  January 13, 2016 Town of Smithfield PO Box 761 Smithfield, NC 27577  Mr. Pete Connet, Interim Director of Public Utilities  RE: Proposal for Water and Sewer Rate Study Town of Smithfield, NC  Dear Mr, Connet:  Brian Johnson and I appreciated the opportunity to sit down with Greg Siler and you to discuss the objectives of a water and sewer rate study for the Town. We understand that no reçent water and sewer rate study has been recently completed and that the NC Local Government Commission is conçerned with the Town's declining water and sewer enterprise fund balançe based on forthcoming capital improvements projects, Likewise, the Town has other planned capital improvements projects identified for the next 1-5 years and 6-10 years for which the Town would like to An outline of our project approach, estimated costs and information required from the Town to complete the study is attached to this letter, A base study fee of $18,500 is proposed with an option for the Town to contract for additional services based on our discussions. We propose to provide a draft copy of the study by April 15, 2016 for review by the Town's staff prior to the Town Council meeting/presentation in May. Any desired modifications to the study could then be completed thereafter by the Ift this proposal is satisfactory, kindly indicate the Town's acceptance below and return one (1) copy to our offiçe, The other copy is for the Town's records. Please don't hesitate to contact Brian or mes should you have any questions.  adequately budget funds.  May 31,2016 deadline.  Best Regards, THE WOOTEN COMPAY AMT  Gary Vice President Acceptance by: TOWN OF SMITHFIBLD  120 North Boylan Avenue Raleigh NC27603-1423 919.828.0531 fax 919.834,3589  Pete Connet  Interim Director of Public Utilities  92    A. Scope of Services and Anticipated Report Expenditures:  1. Introduction  $1,000  a. - Objective ofs study b. Discussion of billing rate types . - Summary of Smithfield's financial condition d. Executive summary ofstudy 2. Billing Data Collection and Analysis  $2,500  a. Analyze 12 months ofTown's water production and Johnston County's b. Analyze 12 months of Town's customer water and sewer billing data Quantify average yearly water loss and seweri inflow/infiltration to  sewer billing data  estimate revenue loss  3. Projection of Annual Operations Revenues and Expenses  $4,500  a, Itemize most recent 3 annual water and sewer operations budgets b. Distribute line item costs between water/sewer budgets and fixed/variable C. Normalize budgets using cost: for rate-making adjustments d. Distribute debt for existing and projected 1-5 year water and sewer capital e. Generate 5- and 10-year water and sewer budgets 4. Adjustment of Water and Sewer Billing Rates  costs  improvements  $4,500  a. Review annual revenue generation from existing rate structures and, based on scope item 3 above, determine necessary annual rate adjustments to  cover;  i. Desired operation and maintenance levels ii. Known and pending debt service  iii. Town -specified capital reserves requirements and/or depreciation  ofa assets  5. Final Report and Presentation to Council  $6,000  a. Prepare and deliver written report and MS Excel model b. Identify key conclusions reached during course of study  Recommend adjustments for billing rates and/or fee structures to cover d. Powerpoint presentation to Council and make necessary revisions  anticipated expenditures  TOTAL ANTICIPATED BASERATESTUDY COST  $18,500  ADDITIONAL SERVICES:  We offer the following additional services in addition to the Base Rate Study: 1. Assistance with Preparation of 6- to 10-year Capital Improvements Plan a. Identify 6- to 10-year water and sewer capital improvements  $TBD  93    B. Information to be provided by the Town of Smithfield:  1. Copies of water and sewer enterprise fund budgets and annual audits covering FY 2013-14,  2014-15 and 2015-16,  2. Copy of draft budget for FY 2016-2017, when available.  3. Copies of existing and anticipated debt repayment schedules for all outstanding water and sewer related bonds, lease purchase agreements and other debt instruments, and statements identifying specific water and sewer related facilities built, facilities purchased, and/or equipment purchased with proceeds from each bond issue, lease purchase agreement or other debt instrument. 4. Depreciation schedules for water- and sewer-related assets clearly identifying those assets, if 5. Water and Sewer Capital Improvements Plan or list of planned capital improvements projects 6. Statement of present capital reserve fund assets and of annual revenue available for capital 7. Copy of the interlocal agreement with. Johnston County, and any other local units of government, 8. List of water, sewer, and dmunistrative-related employee positions noting job descriptions, salaries and fringe benefits for each employee and the budget(s) under which the salaries and  Schedules should indicate debt expiration.  such schedules exist. and associated costs.  reserves from sources other than water and sewer charges. for purchase/sale of water and sewer services.  fringe benefits are covered.  9. Bxisting water and sewer billing rate schedules.  10. Copies of monthly water treatment plant production figures for the most recent 12 months. 11. Copies of monthly water and sewer service purchases/sales from/to Johnston County, and any 12. All readily available water and sewer usage data on large commercial and industrial customers 13, Computerized summaries of monthly water and sewer consumption for the most recent 12 months segregated by billing class (i.e. residential, non-residential, inside customers, outside customers) Customer use data should be provided in sufficient detail and with sufficient accuracy to allow existing rate structures to be applied to the consumption data to generate the reported water and sewer revenues. Data should be in electronic (MS Excel, tab delimited,  other local units of government, for the most recent 12 months.  for the most recent 12 months.  comma delimited, etc.) format fori import into MS Excel software.  94    Exhibit B  Greg Siler From: Sent: To: Subject: Greg,  Elaine Vastis evastis@raftelis.com> Friday, January 08, 20169:56AM quote for water/sewer rate study  Greg Siler  We appreciate the opportunity to provide you with an estimate of whati it would cost for our firm toy water/sewer rate study for the Town of Smithfield (Town). Based on our discussions, we anticipate the performa cost of study to range between $25,000 to $30,000. If you can provide us with summarized billing data int thet format the we need, then the cost will be closer to $25,000. If we have to obtain a "data dump" from require further analysis on our end, and the cost will be closerto $30,000. Regardless, the your deliverable billing system, will will be a rate and financial planning model (rate model) for the water/sewer needs. The rate model will allocate costs between the water/sewer fund (unless the Town year's accounts these funds separately) and between thei fixed and volumetric rate model will also incorporate data on fund balances and any other financial policies (such as debt service The ratios, etc.) to ensure the entire financial picture is considered. The rate model will calculate the impacts on coverage various types of customers and at various usage levels so that the Town can understand the impact oft the water/sewer rates on low and high water users. The rate model will be customized for the Town and projected will be over to the Town to usei in future years. Our rate models arel built using Microsoft Excel and are want our clients to be able to use them in the future as a financial planning and management tool. not We proprietary. willa also We  that it tot the Town cash for  and capital costs over at ten-year period and the  systems that projects both operating  necessary water and sewer rates tor meet eachy  already  components of the water/sewer rate structures.  turned  present the findings oft the water/sewer study toi the Town Council.  We have performed: similar engagements for numerous utilities throughout the: state and the even built these models toi include the electric utility (and other utilities such as gas, cable, country, We have built such models for the City of Wilson, NC; the City of Rocky Mount, NC; and the City etc.). of Richmond, Specifically, VA. we Ifv we can provide any additional information, please let us know. Again, we appreciate the opportunity to  have  potentiallyworki with the Town on thisi important engagement.  Best regards, -Elaine Conti  Elaine Conti, Manager  227 W. Trade Street, Suite 1400 Charlotte, NC: 28202 direct 704.936.4436 I office 704.373.1199 1 mobile 336.918.2636 Raftelis Financial Consultants, Inc. www.raftelis.com  NOTE OUR NEW ADDRESS  95    Exhibit C  Greg Siler From: Sent: To: Cc: Subject: Jim,  Pete Connet Friday, January 15, 2016 9:32 AM Jim Freeman Shannan Williams; Greg Siler Tim Broome contacted W/S Rate Study  Ispoke with Tim Broome this morning about getting us a proposal to do the W/S Rate Study. He state that he would not be able to since hev was working parttime with. Johnston County. He didn't feel comfortable doing this foru us since therei is such a close tiet to Smithfield and. Johnston County with water sales and sewer treatment. Too much of  a conflict of interest. Bottom linei is he declined to submit proposal.  Do Ineed to try andi track down other consultants to get proposals from? Just let me know. Would you please forward to the Mayor and Council-I don'thave all their email addresses,  Shannan, Thanks, Pete Connet Interim Utilties Director Town of Smithfield, NC 919-934-2116 ext 1162 Pete.connet@smithfield-nc.com  96    Jim Freeman, Interim Town Manager Greg Siler, Finance Director Tim Kerigan, Human Resources/PIO Shannan Williams, Town Clerk Veronica Hardaway, Administrative Assistant  350 East Market Street Post Office. Box' 761 Smithfield, NC 27577  NORTH CAROLINA  Tclephone: 919.934.2116  Fax:919.989.8937  January21, 2016  Ms. Sharon G. Edmundson, CPA Director, Fiscal Management Section State and Local Government Finance Division and Local Government Commission Department of State Treasurer 3200Atlantic. Avenue Raleigh, North Carolina 27604 Dear Ms. Edmundson:  Inr response to your December 11, 2015 and December 30, 2015 letters to the Town of Smithfield Mayor and Councl!, regarding signs off financialweaknesses in the Town'sWater: and Sewer Fund, loffer the following reply: Funding of the 34.6 Percent Operational Increase in FY16 Budget - The increase in this year's budget ($2,239,998) over last year's budget is solely due to capital improvements. Many of these projects ($2,035,000) have since been moved to a separate Capital Project Fund which will be funded with loan proceeds. The actual Signso of Financlal Weakness - The Water/Sewer Fund has sufficient fund balance to cover operational and debt service cost until an in-depth water/sewer rate study can be performed. The Water and Sewer Fund had a healthy fund balance (82.6%) at the onset of FY15. it was the intent of the Town to use fund balance to cover escalating sewer treatment costs resulting from Inflow and Infiltration (I & I) issues until an I&Istudy could be performed. An/&Istudy is underway in FY16 with correction work to start in the early part of calendar year 2016 and continuing through FY18. Thel&Iremediation work is being done to help us address the increased cost of sewer treatment by Johnston County Utilities, with the goal of reducing our operational cost over the next three years. The corrective work, $900,000 this year, is to be financed with loan proceeds. The application has been submitted to the LGC and is awaiting their approval. Debt service on alll loans obtained In FY16 won't At its January 5, 2016 meeting, Council authorized staff to secure water/sewer rate study proposals to be presented for award consideration at its February 2, 2016 meeting. To date, the Town has received two (2) proposals and anticipates another before the February 2nd Council meeting. The water/sewer rate study proposals are from The Wooten Company at $18,300 and Raftelis Financial Consultants at $25,000. It is  increase in operational cost is 3.29, as opposed to 34.6%.  begin until FY17.  97    mportant to note that once awarded, the water/sewer rate study is to be completed by May 31, 2016. Thereby said tudysrecommendation for rate adjustments could be implemented in the upcoming FY17 Budget. At the direction of Council the Town has ceased transferring payment-in-leu of taxes to the General Fund. In addition, the MD&A inadvertently stated that there was no water/sewer rate increase for FY16, when sewer rates were increased by $1.00 per 1000 gallons. This combined with identifying and correcting a base charge In recognition of needing a water/sewer adjustment to ensure proper cash flow and fund balance retainage, on January 14, 2016, Council approved of implementing a base rate increase. This base rate increase is to begin with the March, 2016 customer billings and increases customer billings by $5.00 a month. The amount of the base revenue generated is estimated at $324,000 annually. Also, please note that after completion of the consultant w/S rate study, Council is to consider further recommended rate adjustments in its FY17 Budget. A Water and Sewer Fund Balance Policy has been adopted (copy attached). The policy was set at 30% and the Town is expected to be at this level by June 30, 2016. Again, prior to June 30, 2016, the Town will have an in-depth water and sewer rate study performed to determine where rates should be to cover operational costs Council is committed to covering cost, but wants to do sO In an intentional manner and is relying on the rate  error will increase revenue int the Water/Sewer Fund some $179,000annualy.  and debt service withi implementationg on or before July: 1.  study for direction,  Please feel free to call me if youl have other concerns or questions.  Sincerely, Gn Ser Gregory Siler Finance Officer Townofs Smithfield AndyMoore Mayor TownofSmithfield  cc: Jim Freeman, Interim Manager Petway Mills and Pearson, CPA, P.A. Smithfield TownCouncil  Home of Ava Gardner Museum  98    Town of Smithfield Town Council Action Form  Business Item: Consideration of Award of bids to GE Prolec for the purchase and installation of (1) 30-  MVA LTC transformer as the second transformer at1 the Brogden Road Substation.  Date of! Meeting: February 2, 2016  Date prepared: January: 19, 2016  Staff Work by: Pete Connet, Rodney Johnson Presentation: Pete Connet, Interim Utilities Director  Rodney. Johnson  Item:  This is the project that we have been talking about since last summer, to install a second transformer at the Brogden Road Substation/delivery point. The transformer will not only act as a back-up for the current transformer, but will allow us to add additional circuits to the north end of town, where potential growth will occur at or before the completion of the Booker Dairy Road Extension. It will also provide us with the option to provide a dedicate circuit to any future industrial client at the Hill property Bids were opened at 2:00 p.m. on January 14, 2016 and the results are attached for your review, along with the Engineer's letter of recommendation. There were five bidders in all, with all bids coming in under the engineer's estimate for this phase of the project. The low bid by GE Prolec is recommended in the amount of $725,180. This price includes the manufacture of the transformer, shipping it to the site, and assembly and testing on-site by the manufacturer. The delivery is 189 days from the date of the order, which we anticipate being around March 1, 2016 when all the contracts are signed.  on Brogden Road.  Action Requested:  Receive the bids taken on. January 14, 2016 and award the purchase and installation of (1) 30-MVA LTC transformer as the second transformer at the Brogden Road Substation, per the Engineer's letter of  recommendation, which isattached.  99    BoothsAcciatesue  CONBUIYINGENOINEGRE engineering for the future since 1960  May 15,2015  Mr. Pete Connet Town of Smithfield P.O. Box 761 Smithfield, NC27577-0761 Subject: Dear Mr. Connet,  Proposal for Brogden Road Substation Expansion  Thank you for the opportunity to submit our proposal for engineering services for the Brogden Road Substation expansion. We have prepared our proposal in accordance with your request as discussed. Our proposal provides the estimated engineering and material costs associated with the additional transformer bank at Brogden Road Substation. Attached is a Cost Estimate Summary which includes labor charges and equipment, mileage,  printingheproduction, and postage/delivery expenses.  Once you have reviewed our proposed pricing, please contact me with any questions or clarification you require. Again, we greatly appreciate the opportunity to provide our proposal for quality engineering services to Town of Smithfield, North Carolina. We are confident that we will provide the City with  the quality services you expect.  Sincerely,  BOOTH & ASSOCIATES, LLC AERR < Alan R. Beith, PE  arb/spc Enclosure  cc: James C. Turley, PE Michael L. Clements, PE 15-0005-0053  5811 Glenwoodi Avenue 919.851,8770 office Ralelgh, NC 27612 919.859.5918 facsimlle wwwboolh-aisoc.com 100    BOOTH & ASSOCIATES, LLC. SUBSTATION COSTE ESTIMATE! SUMMARY  Owner: Town of Smithfield Substation Name: Brogden Rd Substation VoltageTransformer Size: 230to24KV, 1050 BIL Project No.: 15-0005-0053  Date: May 15, 2015 By: JEH  Unit of Quantity Measure Labor 45 Cu.Yds. $ 500.00 Lot Each  Labor & Materials  Extended Cost  Item  Material 500.00 $  Foundations 2Structures and Equipment 3Transformer 30, 30.0MVA, 230KV 4/230 KV Circuit Switcher 5Relaylng Panel 6Grounding 7Gravel Cover (3'CIR;3"W/S) 8Oi.Containment gCondul/Controlr Wiring  1,000.00 $ 45,000.00 10,000.00 S 10,000.00  1 1 1 1 1 1,400 Sq.Feet $ 1 Lot 1  5,000.00 $ 5,000.00 $  5,000.00. $.1,050,000.00 $ 1,055,000.00 s 1,055,000.00 Each $ 2,000.00 $ 70,000,00 S 72,000.00, $ 72,000.00 Each $ 3,000.00 S 26,000.00 S 29,000.00 $ 29,000.00  Lot $ 2,000.00 $ 5,000,00 S Lot. $ 10,900.00 $. 10,000.00 $ 77,500.49 5-1,191,500,55.  7.000.00 $ 7,000.00 1,04 S 1,456,00 20,000.00 $ 20,000.00 $ 1,314,456.00 1,413,040.20 85,000.00 1,498,040.20  0,49 $  0.55 $  50,000.00 $. 25,000.00 $ 75,000,00 $ 75,000.00.  Project Sub-Total  Disclaimer: Thearounts: shown ont this estimate aref forp plenning purposes only and may, Vary at lime ofp purchase, Thesevelues are valld only forthe calendars year af2015. and's shguld,be  7.5 %Contingencies $ 98,584.20  re-evaluated for more accuracy att timé: ofp purçhasé.  Project Sub-Total PROJECTTOTAL  Engineering  5/15/2015  Page 1of1 101  Smithfield- Bragden Rdi Expansion- Cost Estimale v2.xis    TOWN OF SMITHFIELD  Brogden Road Substation Expansion  Task Descriptions Substation  Task 8001 -A Site Information /Project Administration - Not Required  Task 8002- - Fencing, Specifications - Not Required  Task 8003 - Grading Plan/E Erosion Control Plan = Not Required Task 8004- - Oil Containment, Systems Specifications  Create oil containment plan and detail drawings for new transformer  Generate bill ofi material Task 8005- Foundation Plan Review ofs soil data Perform foundation calculations  Prepare foundation plan and detail drawings for new transformer and circuit switcher Generate bill of material to include concrete, rebar and anchor bolts  Task 8006 - Grounding. Design /Resistivity Tests Task 8007 - Power Transformer, Specifications Create transformer specification Prepare bid documents Open bids and recommend winner to Owner Approval drawing review Fieldi installation coordination assistance  Modify grounding plan for new equipment as necessary  Task 8008 - Fault Interrupter Specifications - Not Required Task 8009. - Voltage Regulator Specifications -1 Not Required  Task 8010 - Circuit Switcher Specifications Create circuit switcher specification Prepare bid documents Open bids and recommend winner to Owner Approval drawing review Field installation coordination assistance  15-0005-0053 May 2015  Booth GAssociates  102    TOWN OF SMITHFIELD  Brogden Road Substation Expansion  Task 8011- Relay. Design and Specifications  Create a full set of drawings, including single and three-line diagrams, electrical diagrams, line interconnection diagrams and transformer interconnection diagrams, cable Modify existing / create new relay drawings as necessary for interconnections to new  and conduit schedule equipment Create ai relay panel specification Prepare bid documents Open bids and recommend winner to Owner Approval Drawing review  Task 8012 -A Substation Structures and Equipment. Design and. Specifications Update existing plan view and sections for new equipment  Generate Bill of Material  Task 8013. - Control Building Design and, Specifications Not Required Task 8014-4 Miscellaneous Owner-Furnished, Materials - Not Required Task 8015. - Labor Contract Preparation /Bidding & Award Prepare RUS Labor Contract for Owner review Bidand Award Labor Contract  Task 8016- Construction Observation and Administration  Telephone consultation for all contractor /construction questions  Invoice approvals / Change order review Task 8017- - Circuit Exit Plan - Not Required Task 8018 - Record Drawings Submit final drawings Task 8019. -A Substation Relay Settings  Preparation of relay settings for all substation equipment Onsite relay commissioning for two (2) engineers  Task 8020 - Substation Commissioning  Task 8022 - SCADA Design and Settings  Update RTAC programming for second transformer, circuit switcher and outgoing  feeders  Create HMI screen for above listed equipment  Points list for all relays  15-0005-0053 May 2015  Booth Associates  103    BootheAsociatesug  COMTUANKICIETTTTTICN  engineering for thet future since 1960  January 18, 2016  Mr. Peter T. Connet Town of Smithfield 350 E. Market Street P.O. Box 761 Smithfield, North Carolina 27577 Subject: Dear Peter:  Brogden Road Substation Expansion Bid Evaluation and Recommendation  On Thursday, January 14, 2016, beginning at 2:00 p.m., five (5) quotations were opened for the furnishing of one (1) 230kV - 30 MVA LTC power transformer for the Brogden Road Substation Expansion. Each quotation was reviewed for accuracy, completeness and manufacturing capabilities. Based on our review, we feel all of the bid quotations received should be considered valid offerings.  Enclosed is a bid tabulation for: your review.  Based on a 20-year evaluation oft the bids, the low evaluated bidder is GE Prolec. The quotation from GE Prolec meets the requirements of our specifications. We have worked with GE Proleç many times int the past and have found them to be a very reputable and professional manufacturer.  We recommend that the Town of Smithfield purchase the transformer from GE Prolec for the purchase of one (1)3 30-MVALTC transformer; as per Bid Schedule No. 1, for the total purchase price of $725,180.00. With your approval, we will prepare contracts for execution and distribution.  Enclosed are the original bids received for your permanent records. If you should have any  questions or require clarification, please contact me.  Sincerely,  BQOTH & ASSOCIATES,ILC 2bEtk Joshua E. Hopkins, PE  jeh/spc Enclosures 15-8046-8007  5811 Glenwood, Avenue 919.851.8770 office Ralelgh, NC 27612 919.859.5918 facsimile wwiBéol-asoc.com    105    CLIENT: PROJECT: DATE:  TOWN OF SMITHFIELD, NORTH CAROLINA BROGDEN ROAD SUBSTATION EXPANSION  TRANSFORMER LOSS EVALUATION  SCHEDULE NO.1  PROJECTNO.: 15-8046-8007  30/40/50/156 MVA- -230 kV to 24.0/13.9KV- -LTC 1R  Per Unit No-Load Losses (KW) 29.40 27.00 30.70 24.10 32.50  Per Unit Load Losses (KW) 103.00 86.50 93.70 97.50 79.02  Nol Load Loss  Load Loss  Total Costof  Base Bid $ 1,007,510.00 $ 1,011,441.00 $ 725,180.00 $ 869,125.00 $ 818,000.00  Manufacturer ABB Delta Star GE Waukesha WEG  Adjustment" Adjustment" Ownership*** $ 113,484.00 $ 57,680.00 $ 1,178,674.00 $ 104,220.00 $ 48,440.00 $ 1,164,101.00 $ 118,502.00 $ 52,472.00 $ 896,154.00 $ 93,026.00 $ 54,600.00 $ 1,016,751.00 $ 125,450.00 $ 44,251.20 $ 987,701.20  *No-Load Loss Adjustment: = "*Load-Loss Adjustment: =  $3,860 /KW $560/KW  Recommended Bidder for Schedule No.1  ***Total Cost of Ownership E Base Bid Price + Noted Price Adjustment + No-Load Loss Adjustment + Load Loss Adjustment  Total Cost of Ownership  $1,200,000.00 $1,000,000.00 $800,000.00 $600,000.00 $400,000.00 $200,000.00  Bidders ENoL Load Losses  "Bid  Load Losses  Loss @ation 1R  Booth, GAssociates    CLIENT: PROJECT: DATE:  TOWN OF SMITHFIELD, NORTH CAROLINA BROGDEN ROAD SUBSTATION EXPANSION  TRANSFORMER LOSS EVALUATION  SCHEDULE NO.1  PROJECTNO.: 15-8046-8007  30/40/50/156 MVA-230 kVt to 24.0139WV-LTC16R  Per Unit No-Load Losses (KW) 25.90 26.50 30.30 29.60 29.75  Per Unit Load Losses (KW) 99.00 92.00 88.80 91.50 77.00  No Load Loss  Load Loss  Total Costo of  Base Bid $ 1,007,510.00 $ 1,011,441.00 $ 725,180.00 $ 869,125.00 $ 818,000.00  Manufacturer ABB Delta Star GE Waukesha WEG  Adjustment Adjustment"* Ownership*** $ 99,974.00 $ 55,440.00 $ 1,162,924.00 $ 102,290.00 $ 51,520.00 $ 1,165,251.00 $ 116,958.00 $ 49,728.00 $ 891,866.00 $ 114,256.00 $ 51,240.00 $ 1,034,621.00 $ 114,835.00 $ 43,120.00 $ 975,955.00  *No-Load Loss Adjustment= = *Load-Loss Adjustment= =  $3,860 /KW $560 /kW  Recommended Bidder for Schedule No.1  **Total Cost of Ownership = Base Bid Price + Noted Price Adjustment- + No-Load Loss Adjustment + Load Loss Adjustment  Total Cost of Ownership  $1,200,000.00 $1,000,000.00 $800,000.00 $600,000.00 $400,000.00 $200,000.00  Bidders NoL Load Losses  Bidder  BLoadl Losses  Loss EMagation 16R  Booth SAssociates    108    TOWN OF SMITHFIELD Town Council Action Form  The Town of Smithfield Planning Department is petitioning the Town Council to seek assistance in preparing a major UDO revision.  Date of Meeting: February 2, 2016 Date Prepared: January 27, 2016  Staff Work By: Paul Embler Presentation Description:  Presentation By: Paul Embler  As aware, the Planning Department has undertaken the task of redrafting the Town's Unified Development Ordinance (UDO). Unfortunately, due to a number of concerns such as but not limited to increased activities, staffing, and legislative changes, the internal process has been slow. Therefore, realizing a community need to move forward with this project, the Planning Department seeks Council consent to secure the services of a Unified Development Ordinance (UDO) Since 2015, Planning Department staff worked with the Planning Board at their regular monthly meetings, by extending meeting times, in order to begin a functionality UDO review. There are a total of 27 Articles in the UDO plus three Appendices. To date staff and the Planning Board have reviewed eleven of the Articles and have prepared draft amendments for Council's consideration (see Also, please note that the General Assembly, the courts and even the US Supreme Court have passed laws and made rulings in the past 24 months that have in effect outdated the Town's UDO and in some cases unenforceable. In addition there are sections of the UDO needing revisions to accommodate additional exterritorial zoning jurisdiction (ETJ) released by Johnston County to the Town of Smithfield. These changes required by new legislation and court rulings necessitate amendments to be prepared by an individual or company who has legal expertise of such regulatory environment. Staff working with the Town Attorney could research the laws and court rulings, but this activity would take additional months. By hiring a consultant who already has knowledge and who can quickly incorporate the information into the UDO, will speed up the  planning consultant..  attachment).  process tremendously.  109    Ina addition there are several new Articles that need to be prepared for the UDO that address the development of solar farms, conservation districts and historic districts among others. There are many new trends in land development that will need to be accommodated to make the UDO truly functional. Also a consultant who works for other towns and cities will also have knowledge of trends in ordinances specific to landscape, signage, storm water, etc., will be able to advise Town Council on ways to modernize the UDO into a more user friendly To assist the Council, planning staff solicited a proposal (see attachment) from DHC, Inc. As may be aware, DHC assisted Smithfield in the past to develop its UDO and prepared the Town's Comprehensive Plan. The firm through its past work has knowledge of the community and has assembled data from previous work in Town that which will represent a significant monetary and time savings to the Town. Normally a consultant's fee for preparing a UDO would be somewhere int the range of $75,000.00 to $150,000.00 depending on the level of detail. The normal time frame for the revision of a UDO is between one and two years. The proposal from DHC is significantly less, at $55,000.00 with the UDO revision Staff proposes that the $55,000.00 fee be funding in part from the existing Planning Department's budget by transferring $30,000.00 from the condemnation line item, this will leave $20,000.00 in the budget for condemnation. The remainder of $25,000.00 is asked to be funded by Council in the upcoming FY 16/17 budget. Staff is proposing the split funding in order to speed-up the process of revising the UDO by being able to start immediately instead of waiting until July 2016. Also as information, staff did confer with the Interim Manager  mode.  being completed in less than a year.  regarding this matter and he concurs.  Action Requested:  The Town Council is asked to review attached information and consider approval of entering into the presented DHCInc. contract for preparation of a  major UDO revisions.  110    UDO Steering Committee Meeting  1. The following amendment reflects changes brought on by the recent ETJ expansion.  Section 1-4: Jurisdiction  (A) This Ordinance shall be effective throughout the Town's planning. jurisdiction. The Town's planning. jurisdiction comprisesthe area within the corporate boundaries of the Town as well as the ene two mile extraterritorial area as shown on the "Official Zoning Map" for the Town of Smithfield. Such planning jurisdiction may be modified from time to time in accordance with  NCGS 160A-360.  2. This amendment adds the effective datei to the ordinance.  Section 1-5: Effective Date effective on February1,2009.  The provisions in this Ordinance were originally adopted on December 2, 2008 became 3. The proposed amendment will add language to allow for newly created lots on easements  within thel ETJ or R-20A zoning districts. Section 1-16: Street Access  No building shall be erected on a lot which does not abut a street or have access to a street, provided thati in a business district or in a planned project in a residential district, a building may be erected adjoining a parking area or dedicated open space which has  access to a street used in common with other lots. 4. This amendment renames Article 3, Part 1. ARTICLE3. ADMINISTRATIVE MECHANISMS PARTI. PLANNING AND-ZONHNG BOARD  5.  This amendment makes minor adjustments by removing the word zoning from the  Planning Board's title. Section 3-3: Meetings  (A) Meetings of the Planning and-Zoning Board will normally occur on the first Thursday of the month at a time and place designated by the Board and shall be open to the  public. Aquorum shall consist of four (4) members of the Board.  111    6. This amendment reflects the City Managers proper title.  Section 3-10: Public Facilities  The Planning Board shall review with the Tew City Manager and other town officials and report as recommendations to the Town Council upon the extent, location, and design of all public structures and facilities, on the acquisition and disposal of public properties, and on the establishment of building lines, mapped street lines, and proposals to change existing street lines. However, in the absence of a recommendation from the Planning Board, the Town Council may, ifit deems wise, after the expiration of thirty (30) days from the date on which the questions has been submitted in writing to the Planning Board for review and recommendation, take final  action.  7. This amendment shows exactly how the Planning Board works. Section 3-14: Creating the Zoning Board of Adjustment Adjustment-ef-SPHARel-SAAH-consist-ef.  A-Zening-Beard-ef-Adrustment-is-herebyesiabished-and-comtinves-The-Beard-ef membersaretobe.deNEwA.aRAPORér.esmARe-ewn EFateFFOFa-uASdieHOR-SFFPOHRAHREtAe-elOR-OHSPHAReN-WRO-SAPPee serve-On-the-Beard-oHAdrusmen-aamd-he-members-oFthe-Pamng-Beard-shal-be adéitiona-alermate-membeseHhe-BeardetAdasimentteseneinthe-unavaHabiy -tewn-residents-appointed-by-tAe-TowA-CeMReH-FRe-remaining-alernate-members AaH-be-residents-remthe-arearea-eFeMratePiePFAOPaARSeIEIOR-SWFOURGHEigthe-Tewn-e SmiHRel-andShaHDeapelmtedbytheBearderComNSSIORerSOHOH)OAntOR-Ceuy The Board of Adjustment is hereby established and continued. The Board of Adjustment shall consist of seven (7) members and two (2) alternate members. Five (5)members and one (1) alternate member shall be citizens and. residents of the town and shall be appointed by the Town Council. Two (2) members and (1) alternate member shall be citizens and residents of the extraterritorial jurisdiction of the town as described pursuant to GS 160A-362 et seq. and shall be appointed by the County Board of Commissioners. Alternate members shall not be entitled to vote on matters before the Board of Adjustment except when a regular Board of Adjustment member is absent from a duly called meeting. In that situation, the alternate shall have the same privileges as the regular members and may count for quorum purposes and vote if a  -regwar-members-  Couneil.  re-br-members-a-e-t-FeN-tHe-are8-0H  eardelGomamisoneisolohasonCwy Fnestetaleratemaemstesonaspededate  alernate-members-shal-alse aterate-memabessAal-be  regular member is absent.  112    8. The following change will create a regularly scheduled BOA meeting day.  Section 3-15: Meetings  The Board shall elect one of its members as Chairman and another as Vice-Chairman who shall serve for one (1) year. The Administrator shall serve as secretary to the Board of Adjustment. The Board shall draw up and adopt the rules of procedures under which itwill operate. Meetngs-of-the-Beard-shal-be-held-atthe-eal-eF-the-CAalirman-and-at wehcher-imeasteseearémerdatermine Meetings of the Board of Adjustment will normally occur on the last Thursday of the month at a time and place designated by the Board and shall be open to the public. A quorum shall consist of four (4) members of the Board. The Chairman, or in his absence, the Acting Chairman, may administer oaths and compel the attendance of witnesses. All meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings, showing the vote of each member upon every question, or his absence or failure to vote, indicating such fact, and also keep records of its examination and any other official  action.  9. This amendment reflects a recent prohibition on moratoria of residential uses.  Section 3-20: Powers and Duties  Town Council may Te adopt temporary moratoria on any Town development approval required by law except for the purpose of developing and adopting new or amended plans or ordinances as to residential uses. The duration of any moratorium shall be reasonable in light of the specific conditions that warrant imposition of the moratorium and may not exceed the period of time necessary to correct, modify, or resolve such conditions. Except in cases of imminent and substantial threat to public health or safety, before adopting an ordinance imposing a development moratorium with a duration of 60 days or any shorter period, the Town Council shall hold a public hearing and shall publish a notice of the hearing in a newspaper having general circulation in the area not less than seven days before the date set for the hearing. A development moratorium with a duration of 61 days or longer, is subject to the notice and hearing requirements of G.S 160A-364. Absent an imminent threat to public health or safety, a development moratorium adopted. pursuant to this section shall not apply to. any project for which a valid building permit issued pursuant to G.S. 160A-417 is outstanding, to any project for which a conditional use permit application or special use permit application has been accepted, to development set forth in a site specific or phased development plan approved pursuant to G.S. 160A-385.1, to development for which substantial expenditures have already been made in good faith reliance on a prior valid administrative or quasi-judicial permit or approval, or to preliminary or final subdivision plats that have been accepted for review by the Town prior to the call for public hearing to adopt the moratorium. Any preliminary subdivision plat accepted for  113    review by the Town prior to the call for public hearing, if subsequently approved, shall be allowed to proceed to final plat approval without being subject to the moratorium. 10. The following proposed amendment will adjust the application deadlines to reflect current policy and to allow adequate time to meet North Carolina State law concerning adjacent property notification and local newspaper publication  requirements for publicm meetings and hearings. Section 4-1: Amending this Ordinance  (A) Application. An application for any amendment shall contain a description of the proposed zoning regulation or district boundary to be applied. Such application shall be filed with the Administrator moHater-thanten-medaw-pierte-the-Plammins st--a-m.wwkww-e no later than the first Friday of the month proceeding the month which the application ist to be considered. 11. This amendment to the UDO will increase the amount of time before a denied map amendment or text amendment can be resubmitted when no substantial change is  made to the proposal.  Section 4-5: Resubmission of a Denial Petition  No resubmission of a denial petition may be resubmitted within one-hundred-eighty  seven hundred thirty (180) (730) calendar days of its previous denial.  12. The following proposed amendment will adjust the application deadlines to reflect current policy and to allow adequate time to meet North Carolina State law concerning adjacent property notification and local newspaper publication  requirements for publicmeetings: and hearings.  Section 6-2: Notice of Hearing  (A) Notice shall be given to the appellant or applicant and any other person who makes av written request for such notice by mailing to such persons a written notice netlater than-10-days-before-the-nearins: nosooner than 25 days and no later than 10 days  from the date of public hearing.  13. The following amendment will place a requirement on staff to record the Board of Adjustment decisions with the Johnston County Board Register of Deeds within 30  days.  Section 6-6: Written Decision  114    In addition to a statement of the Board's ultimate disposition of the case and any other information deemed appropriate, the written decision shall state the Board's findings and conclusion, as well as supporting reasons or facts, whenever this Ordinance requires the same as prerequisite to taking action. All variances from the Smithfield UDO granted by the Board of Adjustments shall be filled with the. Johnston County Register  of Deeds within 30 days oft the Board'sa action.  14. This amendment will reduce the burden on staff for notifying complainants in writing.  Section-7-1: Complaints Regardingv Violations  Whenever the Administrator receives a WFitten,Signed complaint alleging a violation of this Ordinance, he shall investigate the complaint, take whatever action is warranted; nd-nipmmthecompiaAiRgwAstactemshwebenorwilbetsken:  15. The Planning Board is requested to send written violations Section 7-3: Procedures Upon Discovery of Violations  (A) Ifthe Administrator finds that any provision of this Ordinance is being violated, he shall send a written notice to the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. Additional  written notices may be sent at the Administrator's discretion.  16. The Planning Board is requested to have open discussions with staff regarding the need for certified/registered mail. This proposed amendment will allow notice of  violation by first class mail.  Section 7-4: Remedies and Penalties for Violations  (B) Civil Penalty. Violation of this Ordinance subjects the violator to a civil penalty in the amount of one hundred dollars ($100.00). The Administrator may impose a civil penalty by giving the violator a written citation, either in person or by certified or registered mail, return receipt requested or first class delivery by US Postal Service. The citation shall describe the nature of the violation, specify the amount of the civil penalty being imposed, and direct the violator to pay the civil penalty to the Town within ten (10) days of the date the citation is received. If the violator fails to either pay the civil penalty or correct the violation within this time limit, the Administrator may institute a civil action in the nature of a debt in For purposes of assessing the amount of a civil. penalty, each day the violation remains uncorrected after receipt of the correction order (or the receipt of the  a court of competent jurisdiction to recover the civil penalty.  115    citation itself in the case of emergency enforcement) shall constitute a separate violation that subjects the violator to additional civil penalty penalties per  violation per day.  17. The Planning Board is requested to discuss with staff the following ordinance which sets the clock running for the thirty daywindow in which an aggrieved party has to file for an appeal to superior court for a review of a Board of Adjustment decisions. The  question is whether recorded actions should be included int this list.  Section 7-6: Judicial Review  (A) Every final decision of the Board of Adjustment shall be subject to review by the Superior Court of. Johnston Countyl by proceedings in the nature of certiorari. (B) The petition for the writ of certiorari must be filed with the Johnston County Clerk of Court within 30 days after the later of the following occurrences:  (1) A written copy of the board's decision (see Section 6-6) has been filed in the (2) A written copy of the board's decision (see Section 6-6) has been delivered by personal service or certified mail, return receipt requested or first class delivery by US Postal Service, to the applicant or appellant and every other aggrieved party who has filed a written request for such copy at the hearing of  office of the Planning Department, and  the case.  (C) A copy oft the writ of certiorari shall be served upon the Town of Smithfield. 18. This paragraph appears to empower the Board of Adjustment toi issue a use permit for nonconforming uses. However, at its core, it is really authorizing the Board of Adjustment to grant a variance from the permitted use chart in violation of North  Carolina State law which explicitly forbids use variances. Section 8-4: Change in Kind of Nonconforming Use  9-A-RORCOREORFOFPHRS-USe-Fay-be-changes-t-anetheF-RORONOFPINg-wse-ony- aecerdanee-witha-seper-SsHed-Sy-the-BeaFd-eHA6ustmeRt-He-Beard-shalissue weh-a-PeFmd-+Aat-the-Propesed-use-WH-be-mere-empatible-with-the HFFOHRGHAS-PEI8ABOFA9OG-RaRtne-se-erceperatioP-atthe-time  ReaPPMEBHOA-S-ade-ertnepernte  19. This amendment reflects the City Managers proper title. Section! 9-4: Maintenance oft the Official Zoning Map  116    Upon notification by the Town Council that a zoning change has been made, the TOw City Manager shall cause to be made the necessary changes on the official zoning map within fourteen (14) calendar days of notification. The Planning Director shall be responsible for the maintenance and revision of the official zoning map after being  notified by the Tow City Manager.  20. This amendment reflects existing State law and Town Policy by requiring an additional  25% to bond amounts to cover contingencies and inflation.  Section 358: Improvements Bond  No final certificate of ccupanty/complance for a commercial, residential, or manufactured home park or planned building group will be issued until all required site improvements have been completed. In lieu of completion of required site improvements, the developer of the planned group may enter into a contract with the Town of Smithfield providing for the installation of required improvements within a designated period of time. Performance of said contract shall be secured by a cash or surety bond which will cover the total estimated cost of the improvements plus 25% as determined by the Town of Smithfield; provided, however, that said bond may be  waived by the Town Council within its discretion. yards, landscape yards, and open space.  21. This proposed amendment clarifies and makes distinctions between building setbacks  Section 9-6: Minimum building setbacks yards, landscape yards or other open spaces required by this Ordinance, including those provisions regulating intensity of use, for each and every building hereafter erected or structurally altered shall not be encroached upon or considered as meeting the yard or open space requirements or the  intensity of use provisions for any other building.  22. The following ordinance will increase the side yard building setbacks for accessory  structures from 8 feet to 10 feet. Article 10-Table of Permitted Uses Note 5. Accessory Uses or Structures.  ..No accessory building or use shall be erected in any required front or side yard or within ten (10) feet of the rear lot line (unless the rear line abuts navigable waters), or within ten (10) feet of any side lot line, and no separate accessory building or use shall be erected within ten (10) feet of any other accessory buildingunless on same property. No accessory building or use may be erected or installed on any lot where a principal building does not exist. No lot shall have in excess of one accessory building. Accessory  117    building numbers limitation on property are exempt if the property is identified as having farm tax identification number. The side and rear setbacks for farm property  shall bet the same as other accessory buildings.  23. This amendment will call for a variance when varying from the published standard requiring manufactured homes to be placed with the longest side of the home parallei  to the front property line.  Note 13: Manufactured Home on Individual Lots  (A) (7) Manufactured homes, Class A shall be placed sO that the longest side of the home is parallel to the front property line of the lot. The Board of Adjustment shall be authorized to consider, as a conditional-wse variance request, a modification to this  parallel orientation standard.  24. This amendment eliminates the incorrect paragraph that was inserted by mistake.  (B) Bwsting-manufasduree-as,mawahelsuiewaa.on the-eHective-date-eF-tNS-OFAHnaRee-may-be-centiue-and-PaRtaReG-as-a RORCOMfeFminguse-PreMded-thatanyswehewsting-eme-hal-ony-be-replaeed-bya manufactured-hOe,Class-Aywheh-cempHes-Wi#h-aH-aPpHeable-requirements-eF-#hS Ordnanee.OtheF-manufactured-nemnes-eMStingenthe-eHective-date-eHtnis-Ordinance WAEA-aFe-neReeS-5WA#MP-IAC-4OAHS#HSEPES-A-WACA-Reyare-eeated,ay be-centinued-aR6-miRtae8-prewidee-tAaE-4PeR-tPe-remevartney-shaH-eny-Be (C) (B) Existing manufactured homes, Class A and Class B, which are located within the R-6 district on the effective date of this Ordinance may be continued and maintained as an nonconforming use provided that any such existing home upon their removal, shall only be replaced with a use permitted within the R-6 district. Other manufactured homes existing on the effective date of this ordinance which are nonconforming uses within the zoning districts in which they are located, may be continued and maintained provided that upon their removal, they shall only be replaced with a use permitted (DA (C) Existing manufactured homes, Class A and Class B, which are located within the R-6 district on the effective date of this Ordinance which are damaged or destroyed by fire or an act of God may be replaced and shall comply with the yard, height, parking, loading, access, lot width, lot area, and lot coverage provisions of this Ordinance for the district in which such structure is located unless the structure is situated on a substandard lot of record, in which case the provisions concerning substandard lots of record shall apply, or unless the incomplete nature of the damage would make it more feasible to rebuild in the previous location, in which case the Board of Adjustment is authorized to consider a variance to allow the reconstruction or replacement. In  eplaees-Wi#Aa-sepPee-AASEAISEPEE:  within that district.  118    considering the variance, the Board of Adjustment may require appropriate conditions  and safeguards in accordance with the provisions oft the Ordinance. 25. This amendment reflects the intent of the above paragraph (B). Section 8-3: Extension or Enlargement of Nonconformities  (G) _Notwithstanding paragraph (E), any structure (except manufactured homes) used for single-family residential purposes and maintained as a nonconforming use may be replaced with a similar structure ofa a larger size, so long as the replacement does not create new nonconformities or increase the extent of existing nonconformities with respect to yard size and setback requirements. PaRce,aaRWRema/ be-replaed-wi#ha-ager-manuctured-home,anda"single-wie-manifactured-home meyberepised-wTNPePhE-sakectto-he-lmistions stated-l-Section-85-en-ahandendomment-amd-discentinsanse-oF-moncenfermities. 26. This amendment will permit class B manufactured homes in the R-20A zoning district  as a use by right.  Article 10 Table of permitted uses.  ARTICLEI 10. TABLEOFE PERMITTED/CONDITIONAL USEI DISTRIÇTS  R- R- R- R- R-  B- B- B-  PERMTTEDUSES ICS* 6 8 10 20A MH PUD** RHO*** O/I I 2 3 ECOD*** LI**** HI**** AD OS  MANUFACTURED HOME, CLASSB oni individual lot (see Note 13)  € P P  27. This amendment will permit class B manufactured homes in the R-20A: zoning district  asa use by right.  Article13-18 Table of Regulations for Conditional Uses  ANMRSPRAHGRA,CHs8  R-20A  28. The following amendment will reflect existing standards that limit the use of manufactured homes for residential purposes only. There is no such thing asa  manufactured home office unit.  Use-Manufacturedamd Modular Office Units Conditional Use in these Districts: [B-1, B-2,B-3]  Minimum Lot Area: None.  119    Parking: One space for each person employed in the office at any given time during a Requirements: A temporary certificate of occupanc/complance, allowing manufactured-homes-modular office units used solely as offices or for purposes of exhibition to be temporarily parked, maintained, and/or occupied on a designated lot or land location, may be issued by the supervisor of inspection services or his authorized agents where the Town Council finds as a fact that the use of such mnHfactured-ROmRe modular office unit does not violate the town or state building, electrical, or plumbing codes, or health regulations. All such certificates of occupancy/complance shall be valid for a period of 12 months, after which they may be renewed upon similar evidence of Notwithstanding the foregoing, a certificate of occupancy/complance may bei issued for a manHfaetured-Rome modular office unit for use as a temporary field office for contractors by the Administrator or his authorized agents without approval of the Town Council, if the manufactured-Roe modular office unit: (1) And the structure under construction are located on the same property; (2) Is not moved to the site more than 30 days prior to construction and is not removed later than 30 days after construction (3) Is not used for any other purpose other than that connected with on-site  24-hour period.  use ofs such manufactured-ROPRE modular office unit.  has been completed; construction;  (4) Is justified by the size and nature of the construction project; (5) )istol be used for a period not to exceed 18 months;  (6) Is utilized only incidental to on-site construction during daylight hours and not for (7) Is parked in al location approved in advance by the supervision of inspection service  residential living quarters; or his authorized agents;  (8)Sanitaryf facilities are connected with an approved sewer system;  (9) Electrical facilities are connected in compliance with regulations as set forth in the Also notwithstanding the foregoing, a certificate of occupancy/complance may be issued for a maAMFacHured-heme modular office unit for use as a manufactured modular classroom by a public or private school, for a school administrative  Town of Smithfield Building Code.  120    manufactured modular office, and for a manufactured home sales office without approval of the Town Council, if the manufactured-home modular office unit: (1) Sanitary facilities are connected with an approved sewer system;  (2) Electrical facilities are connected in compliance with regulations as set forth in the 3-PFOVISIORS-periaiRiAS-t-a-maPufactures-Mome-feunéation-and-aneherage-of-the manufactured-oeme-te-the-feundationyas-contained-IR-the-State-GF-Nerth-Carelina  Town of Smithfield Building Code;  RegeatiOnS8FMaRWFReture-ome5,1972edem,9re-adhered-te.  29. The following amendment will mandate that dumpster screen be constructed from  robust material.  Section 17-3: Bulteryards/Screening  (E)Screening for Dumpsters, Junkyards and Outside Storage Areas.  The following uses shall be screened from the view of any public right-of-way or adjacent property. Screening shall be at least 8 feet in height and may consist of living  and nonliving material as specified in this Articie.  (1) The rear side of a building where that side abuts a street right-of-way, or any dumpster or trash receptacle storage area used in connection with any business establishment. Dumpster enclosures shall be constructed of solid masonry construction such as concrete block or brick and shall be of material compatible with the principal building in composition and color.  30. This ordinance amendment will further define the minor subdivision and will fill the  "acreage gap" between exempt lots and minor lots. Article 2, Basic Definitions and Interpretations  (273) Subdivision, Minor. A minor subdivision is a tract tol be subdivided which each new tract is five(5) ten (10) acres or less in size and three or fewer lots result after  subdivision:  (a) all ofwhich front on an existing approved publicstreet;  (b) noti involving any new public streets or public street improvements, right-of-way dedication, or prospectively requiring any new street for access to interior property;  121    (c)r not requiring drainage improvements or easements to serve the applicantsproperty or  interior properties;  (d) not involving any utility extensions; and  (e)notrequiring any easements, other than rear and side lot line easements. (f) not creating any new or residual parcels which do not satisfy the requirements of this (g) not adversely affecting the development of the remainder of the parcel or of adjoining  Ordinance. property.  ARTICLE 19. REGULATIONS FOR SIGNS  31. This amendment proposes various possible changes that could be made to the sign  regulation.  Article 19-4 On-Premise Signs (B) On-Premise Signs: Single Tenant Development, (2)0-1,B-1, B-2, and B-3. Signs allowed within the zoning district mayl be either:  Freestanding: Ground Changeable Copy Menu Board  Attached: Projecting Window Wall Awning/Canopy Menu Board Changeable Copy  A-Two-busineseFProdwatientateatonsgnsarealoweperlotyonyone-eFwhichsha be-a-restanding-8ewnd-SBA-Cemeer-lots-ani-desblewbe-Foniage-ot-are-alowed-eme di:eRa-attaehe8-S8A-9n-a-separate-street-fFentage-amd-ome-a8eI9ma-8reund-SSA-OR separate-streetretfontage-AdeRIeR3-BFOURG-S-gPPeteweee-49-sgware-tee-eet-p-area-and RG-0ESha-eweed-a-ela-aHow-sepasaie-ns-Ferressmdingoratsached-sign5,the totalalewable-areaperfaeeefseleteleted-8A/-hIAOAptewseed75-qware-fet-per-face, WiA-wo-taces-pers8P-aHowed-RRe-eVEEtRereestaneR8988A-5-85HAaR-the-75-square eet-per-face-aHewed,#e-diererenee-between-te75eetperlaee-alewed-aAd-the-size-OH gn-erected-may-be-use-te-nerease-he-sieeofthe-attached.sigA-by-thatdHference-SigAS  may-be-internallyorextermallyluminated.  122    Wall signs shall be permitted at a rate of one (1) square foot of sign area per one (1) linear foot of wall area. One (1) wall sign shall be allowed on each wall fronting on a Ground signs shall be permitted at a rate of % square foot of sign area per linear foot of street frontage. Lots with less than 200 linear feet in width shall be permitted a maximum of 50 square feet in ground sign area. Lots with between 200 linear feet and 400 linear feet shall have a maximum sign area of 70 square feet. One (ground sign Additionally, the following requirements must be met based on the type of sign selected. Iffreestanding ground: The sign shall be a maximum of six feet in height with If projecting: Signs (excluding awning/canopy signs) shall not project more than three feet from thei facade of the building. Clearance over sidewalks shall be at a minimum of nine feet and clearance over streets, alleys, or driveways shall be a minimum of 14 feet. Signs shall not project above the third story of the building or above the building soffit, Ifwindow: Only permanent identification signs are allowed as window signs; provided, however, temporary signs which are placed in or on windows shall be allowed when complying with Section 19-4(A)(8) hereinbefore. Window signs are not allowed above the third story of building. Widow signs shall be no greater that 25% of the window  publicstreet.  shall be allowed on each side fronting on a publics street.  aminimum setback of ten feet.  eave line, or building parapet.  area in which the signi is located on.  Ifwall: Maximum projection from a wall shall be 12 inches.  Ifn menu board: One external menu board with one face is allowed per restaurant. The total sign area shall not exceed 36 square feet per face. The sign shall not be located sO that the copy is designed to be visible to vehicular traffic from the roadway. The  minimum setback shall be ten feet.  (3)(a)Land HI Districts. Signs allowed within the zoning district mayl be either:  Freestanding: Ground Changeable Copy Menu Board  Attached: Projecting Window Wall Awning/Canopy Menu Board Changeable Copy  123    A-Fwe-business-esserpreduetidentflcation-signs-are-Hewedperletzeny-ome-eF-which-shah e-a-freestanding-greuRA-SSA-CFReF-1OE-aR8-dowble-fentage-lets-are-aHewed-eme additional-attached-s8A-and-ome-a6eRIORa-8reand-S8A-en-separate-street-frentage. AdeBiena-greundsigeshalnotexed40sguarefeetinsresasmeletshalexeeda-total Hour-separate-sgA5-FoPreestanding-erattaehed'signS,the-teta-alHowableable-area-per-face -selected-sBA-SMaN-moE-ewcea-25-uae-eet-pet-per-as,w#-wo-faces-per-sBA (a) Wall signs shall be permitted at a rate of one (1)square foot of sign area per one (1) linear foot of wall area. One (1) wall sign shall be allowed oneach wall frontingona Ground signs shall be permitted at a rate of 1 square foot of sign area per linear foot ofs street frontage. Maximum size shall not exceed 200 Square Feet. One (ground sign shall be allowed on each side fronting onay public street. Maximum ground sign (b) In the event the freestanding sign is less than the 125 200 square feet per face allowed, the difference between the 125 200 square feet per face allowed and the size of sign erected may be used to increase the size of the attached sign by that (c) In the event that a lot has an off-premise sign which has the total maximum square footage allowed for both sides of the sign structure under Section 19-5(B) hereinafter, no on premise freestanding sign shall be allowed on that lot. Where the off-premise sign is less than the total square footage allowed, the total square footage for both sides of the on premise freestanding sign for that lot shall be not greater than the difference between the maximum square footage allowed for both sides of the off-premise sign and the size of the off-premise sign erected, but in no event shall the on premise freestanding sign be greater than the maximum 125 square feet allowed per face. When the provisions of this subsection (c) apply, they shall in no way be interpreted to allow on premise attached signs to be further increased in size under the formula set forth in subsection (b) hereinabove. Provided, however, on premise freestanding signs with off-premise signs on the same lot which were both erected prior to the effective date of this Section, shall be allowed to remain when conforming with the other provisions of this Section. (d) Additionally, the following requirements must be met based on the type of sign  Howed-SigAS-my-be-nteFRayorewternaly-Huminated:  public street.  height shall not exceed 6 feet in total overall height.  difference.  selected.  Iff freestanding ground: The sign shall be a maximum of six feet in height with a  minimum setback often feet.  124    Ifp projecting: Signs (excluding awning/canopy and marquee signs) shall not project more than three feet from the facade oft the building. Clearance over sidewalks shall be at a minimum of nine feet and clearance over streets, alleys or driveways shall be an minimum of 14 feet. Signs shall not project above third story of the building or If window: Only permanent identification signs are allowed as window signs; provided, however, temporary signs which are placed in or on windows shall be allowed when complying with Section 19-4(A)(8) hereinbefore. Window signs are  above the building soffit, eave line, or building parapet.  not allowed above the third story of building.  Ifwal!: Maximum projection from a wall shall be 12 inches.  If menu board: One Two external menu board with one face is allowed per restaurant. The total sign area shall not exceed 36 square feet per face. The sign shall not be located SO that the copy is designed to be visible to vehicular traffic from  ther roadway. The minimum setback shall be ten feet.  (4) On-Premise Signs: Multiple Tenant Development. The following sign regulations shall be applicable within the zoning districts indicated for multiple tenant development. Any sign not specifically allowed is prohibited. Multiple tenant developments may erect either a development identification orj joint identification sign. In addition, tenant identification signs for individual businesses within a development are allowed. For a multiple tenant development, the development itself is allowed one identification sign for each property boundary with street frontage with a maximum of two signs allowed per development, only one of which may be freestanding. These identification signs may be either a development identification or a joint identification sign. The choice of sign affects the tenant identification regulations within the development. If there is no development identification or joint identification sign erected or maintained, individual tenants shall be allowed signs as permitted for individual tenants where ac development identification sign is used. Where one type of sign has been selected and an additional identification sign is allowed due to a second street frontage, the additional sign must be of the same type (i.e., two development identification signs or two joint identification signs). If a joint identification sign is selected, said sign shall be limited to one sign component (5) On-Premise Development Identification Signs. Where a development identification sign is  per tenant.  selected, such a sign or signs may be oft the following types:  Freestanding: Ground High Rise Business Identification  Attached: Wall Projecting  125    The sign(s) shall meet the following requirements based ont the zoning district in which it is  located.  Maximum Height Allowed 6ft. 8ft. 25ft. 100ft.  Maximum! Square Footage Per Face 25sq.ft. 50sq.ft. 187.5sq.ft. 400sq. ft.  Zoning! District  R-20A, R-10, R-8, R-6, R-MH, PUD (Residential) Ground 0/1,B-2,B-2, andB-3 LlandHI Conditional usei ina all districts whenp property isa adjacent the High Rise tol 1-95r right-of-way: and the signi is Business withins six hundred: sixty (660) feet oft the edge oft thel I-95  Setback for freestanding development identification signs in all zoning districts shall be 15 feet. A movie theater will be allowed one additional freestanding or attached marquee sign with the maximum square footage, height and setback in accordance with applicable regulations for single tenant developments in Section 19-4(B) hereinbefore. The following is required for all free standing high rise signs: landscaping is required equal to area oft the sign; the sign must be on property owned by applicant on a fee simple basis and an establishment may not have another ground or freestanding sign. Where a development identification sign is selected, the individual tenant identification within the development shall meet the following regulations.  Tenant identification signs shall be oft the following types: Attached: Awning Projecting Wall Window  One attached sign is allowed for each exterior public business entrance. The total allowable sign area for the building frontage having the primary business entrance shall be 25 square feet or one square foot per one linear foot of said building frontage, whichever is greater, but in no event shall the area be greater than the maximum square footage per face allowed for a development identification sign in the zoning district where the business is located. Each secondary business entrance shall be allowed a total sign area of one square foot per three linear feet of building frontage where the secondary business entrance is located. A maximum of two secondary business entrance signs is allowed. Where an exterior entrance does not exist, the tenant will be allowed one window sign. Signs may be illuminated internally or externally. Also, one suspended or transom sign may be incorporated per business, which sign shall not exceed six square feet per face per sign. Where an exterior entrance does not exist, the tenant will be allowed one window sign. Signs may be illuminated internally or externally. If wall: Maximum projection from a wall shall be 12 inches. If projecting: Signs (excluding awning/canopy and marquee signs) shall not project more than three feet from the facade of the building. Clearance over sidewalks shall be a minimum of nine feet and clearance over streets, alleys, or driveways shall be a minimum of 14 feet. Signs shall not project above third  126    story of building or above the building soffit, eave line, or building parapet. If window: Only permanent identification signs are allowed as window signs; provided, however, temporary signs which are placed in or on windows shall be allowed when complying with Section 19- 4(A)(8) hereinbefore. Window signs are not allowed above the third story of the building. Neon  window signs are limited to ground floor windows.  (6). Joint Identification Signs. Where a joint identification sign is selected, such sign  or signs may be oft the following types:  Freestanding: Ground  Attached: Wall Projecting  The sign(s) shall meet the following requirements based on the zoning district in which iti is located.  Maximum Height Allowed  Maximum Square Footage Per Face 25sq. ft. 50sq.ft. 187.5sq.f ft.  Zoning District R-20A, R-10,R-8,R-6,1 R-MH, PUD( (Residential) O/1,B-2,B-2, andE B-3 Lla and HI  6ft.  8ft. 25ft.  Setback for freestanding joint identification signs in all zoning districts shall be 15 feet. In addition, a movie theater will be allowed one additional freestanding or attached marquee sign with the maximum square footage, height, and setback in accordance with applicable regulations for single-tenant developments in Section 19-4(B) hereinbefore. Where a joint identification sign is selected, the individual tenant identification within the development shall meet the followingregulations. Tenant identification signs shall be oft the followingtypes:  Attached:  Awning Wall Projecting Window  127    One attached sign is allowed for each exterior public business entrance. The total allowable sign area for the building frontage having the primary business entrance shall be 20 square feet or one square foot per two linear feet of said building frontage, whichever is greater, but in no event shall the area be greater than 60% of the maximum square footage allowed for a joint identification sign in the zoning district where the business is located. Each secondary business entrance shall be allowed a total sign area of one square foot per three linear feet of building frontage where the secondary business entrance is located. A maximum of two secondary business entrance signs is allowed. Where an exterior entrance does not exist, the tenant will be allowed one window sign. Signs may be illuminated internally or externally. If wall: Maximum projection from a wall shall be 12 inches. If projecting: Signs (excluding awning/canopy and marquee signs) shall not project more than three feet from the facade of the building. Clearance over sidewalks shall be a minimum of nine feet and clearance over streets, alleys, or driveways shall be a minimum of 14 feet. Signs shall not project above third story of building of above the building soffit, eave line, or building parapet. If window: Only permanent identification signs are allowed as window signs; provided, however, temporary signs which are placed in or on windows shall be allowed when complying with Section 19- 4(A)(8) hereinbefore. Window signs are not allowed above the third story of the building.  128    TOWN OF SMITHFIELD Town Council Action Form  Business Item # 4: Downtown State GrantApplication Funds ($96.107) Date of Meeting: February 2, 2016 Date Prepared: January 27, 2016  StaffWork By: Interim Manager James Freeman  Presentation Description:  Please reference the January 8th received State Office and Budget & Management Memorandum along with attached application form and grant agreement in the agenda packet (See attached exhibit). The Interim Manager did have a January 26th telephone call with State Budget Office representative Arnetha Dickerson regarding the application. Submittal of said completed application and executed grant agreement shortly after Council's February 2nd After Council's January 5th Called Meeting discussion regarding a project selection for the $96,107 Downtown State Grant Application, staff did solicit for downtown project concepts for Council's consideration. A copy of received Downtown Development Corporation (See attached exhibit) and Appearance Commission (See attached exhibit) downtown application project suggestions are agenda packet provided in more detail for review. In summary such are  meeting approval would be acceptable.  bulleted as follows:  1st Dwn't Development Corp. Priority - WayFinding System, incl. 2nd Dwn't Development Corp. Priority - Urban Design Firm 3td Dwn't Development Corp. Priority = Appearance Enhancement, architectural lighting along the Market and Third corridors. Dwn't Development Corp. Alternates = Bingham House Purchase & Appearance Committee - Market Street Scape Lighting Appearance Committee -Parking Lot Improvements: Town Hall,  monumental gateways Development Plans  Dwn't Wi-FiNetwork  Wells Fargo Area Library Area  When deciding upon a project, it was generally understood (Budget Office Telephone Conversation) that the grant agreement scope of work should identify a downtown project concept, benefit and completion within a short timeline... .possible end of 2016. Also, have proper documentation on file if the  project should be audited by State sometime after completion.  129    Board Action Request: The Council is being requested to considerlapprove of a downtown project activity for submission in the State's $96,107 grant Interim Manager's Opinion: Being the grant agreement is in the Town of Smithfield's name, it is the Council who ultimately decides which project concept would be in the Town's best interest. Granted there are a few worthwhile received suggestions, however Council is not bound by such and may consider others. Itis the interim manager's suggestion that Council decide on a downtown project concept and direct staff to work out the administration, responsibilities, timeline and accounting detais...unless desired, not necessary to get bogged down in details this evening. However as a "check and balance", Council may want staff to present worked out details for record prior to actual  application and grant agreement.  implementation...n: case any questions/concems.  130    STATE OF NORTH CAROLINA OFFICEOFS STATEBUDGETANDMANAGEMENT  PATMCCRORY GOVERNOR  LEEI HARRISSR ROBERTS STATEBUDOEIDIRECTOR  January 6, 2016  MEMORANDUM: TO: FROM:  Jim Freeman, Town Manager Town of Smithfield Lee Harriss Roberts Statel Budget Director  -  SUBJECT: Allocation of State Funds - Session Law 2015-241, Joint Conference Committee  Report on the Continuation, Expansion, and Capital Budgets  The 2015-17 state budget enacted by the General Assembly and signed into law by Governor McCrory provided the Town of Smithfield with $96,107 for downtown revitalization efforts. Our office will be overseeing this grant, and wel look forward to working with you on this There are two forms that must be filled out in order to receive the funds. Attached to this memo,  endeavor. you will find:  1. Request for Payment of Appropriation Form - please complete and sign.  2. Contract Agreement - Please be: sure toj provide yourt taxpayer ID: number, fill out the scope ofwork section with a description ofhow you plan to use the: funds, and sign and date the  contract.  Pleasereturn the signed forms tot the attention of Arnetha Dickerson. Once wel have received these documents and: reviewed them, we will provide you with a final signed copy of the contract and  more information on how the funds will be disbursed.  Fweanbeofasistance, please do not hesitatei to call Arnetha Dickerson or Erin Matteson  at (919) 807-4700.  Thank you.  LHR/ad Attachments RECEIVED JAN08-2016 Mailing address: 20320 Maiuls Service Center Raleigh, NC 27699-0320  www.asbmstatene.us 919-807-4700 * FAX: 919-733-0640 An EEO/AAI Employer 131  Officel location: 5200 Administration! 116 West. Jones Building Street    OSBM-9/07  REQUEST FORI PAYMENT OF APPROPRIATIONS) FROMNORTHCAROLINA GENERAL FUND  (SEELETTER ENCLOSED)  Jim Freeman, Town Manager 3501 E. Market Street (POI Box 761) Smithfield, N.C27577 2015-16 Allocation: $96,107  Purpose: Appropriate funding to the Town of Smithfield for downtown revitalization efforts.  Part A. TOBBCOMPLETED BY ALL RECIPIENTS 1. Contact's) Name: Jim Freeman  IesPhone:919.342116  2. Contact's Position in Organization: Iaturin Twn Managen 3. Federal Identification Number SL-40/3351  4. Kind of Organization: Corporation  Trust  Partnership, to basis. No  Government X Other  Unincorporated Association  5. Match Required (Circle One): YesNo) Ona Ifmatching is required, is cash match in hand? Yes  If the required match is not in hand, by what date and from what source does the organization expect to  have the cash match?  . Fiscal YearofNon-State Entity (e.g. year ending June 30, December 31, other). Part B. TOBECOMPLETED BY ALL RECIPIENTS. FORMI MUST BE: NOTARIZED  N)A  Signature ofi individual making request  Notary Public (official seal) Date Notarized  132    STATE OF NORTH CAROLINA TOWN OF SMITHFIELD, NC  S6600335 TAXPAYERIDAUMIBER  AGREEMENT  THIS AGREEMENT is hereby made between the State of North Carolina, Office of State Budget and Management and the Town of Smithfield, with an address at 350 E. Market Street (PO  Box 761)Smithfield, North Carolina 27577 "Grantee".  ARTICLEI  A. Effective date: July 1,2015  B. Scope of work: The Town. of Smithfield hereby intends to support the following downtown revitalization efforts with a $96,107 grant-in-aid as provided for in S.L. 2015-  241 (H.B.97), Page J: 24 oft the Joint Conference Committee Report:  (Jwst Prejset  Comespt  133    ARTICLEII TERMINATION  A. The term oft this Agreement shall begin on the effective date described in Article 1 Iand shall terminate upon the earlier of(I)completion ofall required services, or (2) an earliertermination  as provided for inj paragraph BI below.  B. The Office of State Budget and Management may, upon thirty (30) days prior written notice to Grantee, terminate all or any portion of this Agreement or the services required to be  performed herein without cause.  C. The Office of State Budget and Management may, by written notice, immediately terminate all or any portion of this Agreement or the Services for cause in any of the following  circumstances:  (1) Grantee breaches any obligation hereunder, or fails to make progress sufficient (2) Grantee is adjudged insolvent or bankrupt; Contractor makes an assignment for the benefit of creditors; or the appointment of a receiver, liquidator or trustee of D. Neither party shall be liable, or deemed to be in default, for any delay, interruption or failure inj performance under this Agreement resulting directly or indirectly from acts of God, acts of civil or military authority; fires, floods; accidents, explosions, earthquakes, strikes or labor disputes, loss or interruption ofe electrical power or other public utility, or delays in transportation or any cause  toassure performance of this Agreement or any of the Services;  any of Contractor's property or assets.  beyond its reasonable control.  ARTICLE II GENERAL PROVISIONS  A. The failure of either party to insist in any one or more instances upon strict performance ofany of the terms or provisions ofthis Agreement, or to exercise any option or election herein, shall not be construed as a waiver of such terms, provisions, option or election in the future. No waiver by any party of any one or more of its rights or remedies under this Agreement shall be deemed tol be ay waiver of any prior or subsequent rights or remedy hereunder or at law. All remedies afforded in this Agreement are cumulative and in addition to the various remedies available in lawor  in equity.  B. Choice ofLaw. The validity oft this Agreement and any of its terms or provisions, as well as the rights and duties of the parties to this Agreement, are governed by the laws of North Carolina. The Grantee, by signing this Agreement, agrees and submits, solely for matters related to this Agreement, to the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North  Carolina.  134    C. All notices permitted or required to be given by one Party to the other and all questions about the contract from one Party to the other shall be addressed and delivered to the other Arnetha Dickerson 919-807-4708 melidaeamdaimacpew is hereby designated as Jim Freeman, Town Manager, mcandmiidancsn is hereby designated as the D. Availability of] Funds. The parties to this contract agree and understand that the payment oft the sums specified in this contract is contingent upon and subject to the availability of funds for  Party's Contract Administrator.  the contract administrator for the Office of State Budget and Management.  contract administrator for the Town of Smithfield.  this purpose.  E. Payment Provisions. Upon execution of this contract, the Grantee may request and, upon approval by the Agency, receive a single payment for amounts up to one hundred thousand dollars ($100,000). For grants-in-aid of more than one. hundred thousand dollars ($100,000) payments will  be paid in quarterly installments, consistent with G.S. 143C-6-21.  F. Effective Period: This contract shall be effective on July 1,2015 and shall terminate on G. The Grantee shall. maintain its accounting records relating tot the performance oft the Services and this Agreement in accordance with generally accepted accounting procedures. Upon reasonable prior notice to Grantee, the Office of State Budget and Management may, during the term ofthis Agreement and for aj period of up to six years following the expiration or termination for any  June 30, 2016.  reason ofthis Agreement, audit and copy such records.  H. Antitrust Laws. This Agreement is entered into in compliance with all State and Federal I.A Assignment. This Agreement or any interest therein shall not be assigned or transferred by  Antitrust laws. the Contractor.  IN WITNESS WHEREOF, the parties have caused this Agreement to be executed.  Office of State Budget and Management:  By:  (Date)  Lee Harriss Roberts, State Budget Director  Town of Smithfield:  By:  (Date)  Jim Freeman, Town Manager  135    136    Downtown  DEVELOPMENT CORPORATION  January 26, 2016 Jim Freeman, Interim Town Manager Town of Smithfield PO Box 761 Smithfield, NC: 27577  Re: Downtown Revitalization Grant Dear Mr. Freeman:  After much consideration, the DSDC Executive Committee was able to develop some recommendations for the downtown revitalization grant that the Town will receive. To maximize the impact of this grant, the committee decided to recommend the funding of  three projects, whichIhave detailed below.  First priority:  Fabrication and installation ofthe downtown components oft the wayfinding system, to include two downtown monumental gateway signs and seven small trailblazer signs Benefit: Increase visibility for Downtown Smithfield attractions and economic drivers, including the Neuse Riverwalk and Buffalo Creek Greenway, boat ramp, tourist information, Hastings House, Johnston County Heritage Center, Courthouse, Town Hall,  Cost: Approximately $37,250  Timeline: Approximately six months if pursued aggressively  Library and Ava Gardner Museum.  Second priority:  Hire urban design firm to develop plans to improve public spaces, including Town  Commons and the northeast corner ofThird and Market streets  Cost: Approximately $50,000 Timeline: Approximately 12 months tos seek funding opportunities. Third priority:  Benefit: Improvements to both of these areas are needed to make them more aesthetically appealing and more functional. Having a plan for improvements inj place would allow us  200 South Front Street o Smithfield, North Carolina 27577 e (919)934-0887  137    Develop aj plan to enhance the appearance ofl Downtown Smithfield with architectural  lighting along the Market and Third street corridors Cost: Approximately $10,000 Timeline: Approximately six months well as making downtown appear safer to patrons.  Benefit: Increased lighting would improve the appearance of Downtown Smithfield, as The committee also considered the purchase oft the Bingham House, and would like to present that as an alternate recommendation. With the Bingham and! Hastings House being the two oldest houses in Smithfield and serving as bookends on Johnston Street, a historic corridor could be developed to link our past and present. The Town's purchase ofthe Bingham House could serve as office space for the DSDC and another organization should the Hastings House Association find itself able to interpret the Hastings House as Finally, we also considered the installation of a downtown wi-fi network that would be free to the public, and believe it to be a good idea, but that it may be utilized more once improvements to some of our public spaces are made. In addition, based on staff, research, there may be an opportunity toi install such a network at a significant cost savings for the town by learning from the successes of other Main Street communities such as Newton and Eden. Staff will continue to research those and other successful The DSDC : is excited about the potential impact that this downtown revitalization grant can.have, and looks forward to continuing to work with the Town to make Smithfielda better place for our citizens and visitors. Should you have any questions regarding these  al historic house.  examples.  recommendations or other possible projects, please let me know.  Sincerely,  Sarah Edwards Executive Director  $  200 South Front Street e Smithfield, North Carolina 27577 e (919)934-0887  138    Downtown Revitalization Grant Ideas Submitted by the Appearance Commission  Market St. Scape lighting project.  1. Boring of 3 section is $22400. Does noti include test holes or replacement of any asphalt or concrete. Also note any damaged utilities due to miss locates will be at owners expense.  2. Lights are $10400. 3. The towns part will be $23764.84. 4. Totala approximate cost is $56564.84.  Parking Lot Resurfacing  1. Town Hall Parking Lot $16, 500 2. Parking Lot behind' Wells Fargo $35,000  3. Library Parking Lot $34,000 - Note this particular lot could be crack sealed, seal coatedand  restriped for $10,000. Other ideas included  1. Wayfinding Signage in the Downtown Area 2. Repairs to the Clock at the Library  139    140    Financial Report        Town of Smithfield Revenues VS. Expenditures  2016YTD GF Revenues VS. Expenditures $6,521,023 $6,121,693  2015 GF Same Period $6,184,803 $5,464,576  $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000  $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000  "GFR Revenues 2014 #GFE Expenditures: 2014  GFR Revenues 2015 "GFE Expenditures? 2015  FY15-16atDec.31  FY1415atDec.31  2016 YTD w/s Revenues VS. Expenditures $2,776,751 $2,506,829  2015 w/S Same Period $2.541.983 $2,594,735  $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $o  $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0  W/SR Revenues 2014 w/sExpenditures: 2014  W/SR Revenues 2015 W/SE Expenditures 2015  FY15-16atDec.31  FY1415atDec.31  2016 YTD Electric Revenues VS. Expenditures $8,267,746 $7,862,746  2015 Electric Same Period $8.803,555  $9,455,034  $10,000,000 $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000  $9,000,000 $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000  "Elect Revenues 2014 Elect Expenditures: 2014  E ElectR Revenues 2015 "ElectExpenditures: 2015  FY15-16atDec.31  FY14-15atDec.31  141    TOWN OF SMITHFIELD December 31, 2015 Gauge:6/12 or 50 Percent  MAJOR FUNDSI FINANCIAL SUMMARY REPORT  50.00%  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 to Date YTD%  Revenues  FY'15-16 425,000 810,000 1,990,000 829,400 1,326,200 1,281,581 182,000 397,542 240,300  FY'15-16 Collected 279,662 65.80% 531,247 65.59% 738,056 37.09% 386,890 46.65% 571,675 43.11% 804,412 62.77%  Current & Prior Year Property Taxes Monthly  $ 5,609,217 $ 5,499,200 $ 3,209,081 58.36%  Motor Vehicle Taxes Utility Franchise' Taxes Local Option Sales Taxes Aquatic and Other Recreation Sanitation AIlOther 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) AppopratonyComributon Total  0.00% 0.00%  $13,527,788 $ 12,981,223 $ 6,521,023 50.23%  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 1,253,919 1,404,646 134,458 407,786 3,533,624 1,354,571 491,479 544,457 93,220 300,700 1,086,145 807,097 962,336 329,350  FY'15-16  Spent  316,851 $ 277,435 $ 180,035 64.89%  385,585 30.75% 1,390,122 98.97% 70,637 52.53% 160,804 39.43% 1,529,512 43.28% 693,414 51.19% #DIV/0! 209,655 42.66% 215,261 39.54% 38,062 40.83% 32,978 10.97% 475,587 43.79% 309,373 38.33% 430,668 44.75%  0.00% 0.00%  $11,807,754 $ 12,981,223 $ 6,121,693 47.16%  YTD Fund Balance Increase (Decrease)  142    50.00%  WATERANDSEWERIUND  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 Tap Fees All 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 1,207,699 42.95% 7,675 47.97% 13,245 126.14%  2,044,310 $ 2,144,580 $ 915,618 42.69% 702,966 $ 670,000 $ 362,592 54.12%  0.00% 0.00%  $5,919,737 $ 6,704,769 $ 2,506,829 37.39%  Actual FY'14-5 4,833,120 110,404 174,443  Budget Actual tol 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 $ 1,037,660 46.61%  1,736,866 42.80% 2,225  $7,131,719 $ 6,704,769 $ 2,776,751 41.41%  ELECTRIC FUND  Actual FY'14-5 440,314 249,365 75,600  Budget Actual to Date YTD%  Revenues Electric Sales Penalties AlI Other Revenues Loan Proceeds Fund Balance Appropriated Total Expenditures AlminstatonOperations 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 216,064 57.62% 24,714 60.28%  $19,144,269 $ 17,244,400 $ 8,026,968 46.55%  $19,909,548 $ 18,112,552 $ 8,267,746 45.65%  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 $ 1,159,530 52.71%  6,308,113 44.42% 350,491 95.70% 44,612  0.00%  $18,753,470 $ 18,112,552 $ 7,862,746 43.41%  143    CASANDINVESINENTS 7,190,719 3,692,495 7,308,806 (84,278) 277,367 73,948 178,929 90,152 124,677 $18,852,815  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 KS BANK BB&T PNCBANK  11,474,656 2,238,856 0.080% 26,261 Market 4,911,504 .2,.65,&.8 201,538 18,852,815  0.12% 0.10%  Account Balances Confirmed By Finance Director on 01/25/2016  144    Department Reports        MITHFIEI  NORTH CAROLINA  FINANCE DEPARTMENTAL REPORT: FOR DECEMBER, 2015  SUMMARY OF ACTIVITIES: Daily Collections.. Tax & Vehicle License.. Franchise Tax.. Sales & Use Tax., Powel Bill.. Total Revenue FINANCE:  $3,639,857 28,918 322,812 182,817 161,890 $4,336,294  Expenditures: General, Water, Electric and Firemen's Fund.... $3,597,818 Compiled and submitted monthly retirement report on 12/31/2015  Issued 59 purchase orders  Processed 698 vendor invoices for payment and issued 423 accounts payable checks Prepared and processed 3 regular payrolls and 2 special payroll for Interim Fire Chief and the volunteer fire dept. Remitted federal and state payroll taxes on 12/03/2015, 12/04/2015, Collected $242.50 on past due privilege license fees. NOTE: This brings the total collected to $8,631. 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 to the same period last year... fewer North Carolina tax  12/18/2015, 12/22/2015, and 12/31/2015  Issued 1 new privilege licenses (new law change in effect 7/1/2015).  businesses  Processed 10 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 December 1,2015 Presented financial PowerPoint presentation at December 1, 2015 Council meeting Prepared and presented budget workbook to department. heads on. Dec. 15th Invoiced Smithfield Housing Authority and JCC: for resource officers  Paid off two USDA loans 21 years ahead of schedule with General Fund fund balance as  approved by council Invoiced 2 grave openings  Implementing a 5% average electric rate reduction to take effect with the January 2016  bills.  145    Finance Department Totals for December 2015  Meter Reading Actual Meters Read Meters Loaded to Hand Held Meter 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 DoorH Hangers Disconect for non-pay Reconnect for payment received Bank Drafts Lockbox ECO Payment Totals  9,998 10,220 0  $0.00  6,091 $2,029,479.05 925 41,600,000 0 614 69 1,364 9 18 311 30 17 723 $384,169.68 1,067 $363,006.37 195 479 $103,867.43 BOTH 4,417 $2,764,778.75 1 0 0 25 0 235 232 93 16 88 1  $34,842.69 $62,406.02 $0.00 $3,750.00 $3,102.27 $14,738.98 $2,024.30 $2,347.60  IVR-phone On-Line (website)  Cash Window' Tranactons/Payments Accts collected from Debt setoff Accts submitted to Debt Setoff Service Orders Requested Orders Completed Orders  $60.07 EMS $0.00 SRAC $0.00 Utility $9,513.88 Utility $0.00 SRAC  Terminated Accounts Meters Rechecked New Turn on Accounts  Meter Tamper/ / Meter Missing Phone Call Usage CSR-Elaine Inbound Outbound  $300.00  Duration 233 42  4:04:03 1:07:05  R/Colections-Audrey  146    Inbound Outbound Inbound Outbound Inbound Outbound Total Town (Trunk Lines) Inbound Outbound  131 60 42 5 178 31 1,754 646  3:03:45 1:01:20 0:51:05 0:04:46 1:07:57 1:11:20 48:59:46 21:39:18  Collections Cash Window#2  Switch Board Operator x1101  147    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  350E. Market St Smithfield, NC2 27577 P.O. Box 761, Smithfield, NC2 27577  SMITIPED  NORTH CAROLINA  BOARD ACTIONS REPORT - 2015  December  Calendar' Yeari to date  Town Council Rezoning Conditional Use Ordinance Amendment Major Subdivisions Annexations Special Events Planning Board Rezoning Condition Use Ordinance Amendment Subdivisions Annexations  1 0 0 0 0 0  5 3 3 0 0 17  0 2 0 0 0  5 5 3 0 0  Board of Adjustment  Variance Admin Appeal  0 0  1 0  Historic Properties Commission Certificate of Appropriateness Historic Landmarks  0 0  0 0  148    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 December 2015  Permit Fees 300 400.00 300 1,000.00 8,575.00  Permits Issued  Site Plan Minor Site Plan Zoning Land Use Zoning Sign Total: YTDTotal:  3 4 13 109  Permit#  Type Sub Type  Business Name Neuse Charter School Gym Riverside Resources Jackson Hewitt Encore Automotive Zack's Char Grill Verizon Applebees Clark's Outlet Encore Automotive Repair wall sign  Project Address 9091 BOOKER DAIRY Road 105 South THIRD Street 823 North BRIGHTLEAF Boulevard 816 South THIRD Street 618 East MARKET: Street 2317 South BRIGHTLEAF Boulevard 1260 North Brightleaf Boulevard 1025 Outlet Center Drive 816 South THIRD Street 1691 South BRIGHTLEAF Boulevard 47 HUNTINGTON Place 821 North BRIGHTLEAF Boulevard 131 East MARKET Street  SP15-000056 Site Plan Minor Site Plan Addition Z15-000157 Zoning Land Use Z15-000158 Zoning Sign Z15-000159 Zoning Land Use Z15-000069 Zoning Sign Z15-000160 Zoning Land Use Z15-000161 Zoning Sign Z15-000162 Zoning Sign Z15-000164 Zoning Sign  SP15-000058 Site Plan Minor Site Plan Dumpster Enclosure SP15-000059 Site Plan Minor Sitel Plan Single Family Dwelling  Z15-000165 Zoning Land Use Z15-000166 Zoning Sign  None Triangle East Surgery  149    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  350 E. Market St Smithfield, NC27577 P.O. Box 761, Smithfield, NC: 27577  SMIHFIED  NORTH CAROLINA  CODE COMPLIANCE MONTHLY REPORT 2015  Dec-15 62 60 49 51 51 0 0 0  Calendar Year To date 1389 1384 1533 1143 1143 13 280 95 16  Written Violations Resolved Violations On Site Meetings Temporary! Signs Violations Temporary Signs Removed Comdemned Structures Removed CommunityVolunteers Families Helped By Helping Hand' Volunteers ADA Compliant Ramps Built By Volunteers  150    TOWN OF SMITHFIELD POLICE DEPARTMENT MONTHLY REPORT  MONTH ENDING December 31, 2015  I.  STATISTICAL SECTION  Month Ending Dec. 31,2015 Calls For Service Incident Reports Completed Cases Closed Accident Reports Arrest Reports Burglaries Reported Drug Charges DWI Charges Citations Issued Speeding No Operator License Registration' Violations  Dec-15 1643 184 167 72 140 10 18 13 171 24 42 09  Dec-14 Total 2015 Total 2014 YTD Difference  2236 168 159 86 127 12 20 15 344 124 68 54  21,821 2129 2176 847 1549 110 378 107 2927 614 720 374  27,056 2114 1957 854 1485 112 349 122 3980 1487 917 635  -5235 15 219 -07 64 -02 29 -15 -1053 -873 -197 -261  II. PERSONNEL UPDATE  One officer remains in field training. The Accreditation Manager Position was filled. One sworn position police officer position was filled. One civilian position remains open for a Records Clerk position. One sworn police officer  vacancy also exists. III. MISCELLANEOUS  The police department provided security and traffic control for the Christmas Parade on Market Street. The police department maintained security operations at the Outlet Center and the Cross Roads Project throughout the month with only minor incidents being reported. This report is also a year-end  report for calendar year 2015.  Calls for service continue to decrease due to a change in the manner in which calls are  logged. This record keeping change began in January 2015.  151    User: MSOUTHERLAN  SMITHFIELD POLICE DEPARTMENT  01/06/2016 15:04  REPORTED UCR OFFENSES FOR THE MONTH OF DECEMBER 2015  December December 2014 0 1 1 1 0 4 6 11 4 4 3 52 2 0 65 71  Percent 0 N.C. -1 -1008 2 2008 0 08 2 N.C. 4 1008 5 838 -2 -188 4 1008 -3 -758 -3 -1008 10 198 1 508 1 N.C. 10 158 15 218  Year-To-Date 0 1 3 4 26 23 8 9 18 14 57 66 86 94 105 107 62 71 15 18 28 18 557 578 16 19 4 3 682 707 768 801  Percent 1 N.C. 1 338 -3 -128 1 138 -4 -228 9 168 8 98 2 28 9 158 3 208 -10 -368 21 48 3 198 -1 -258 25 48 33 48  PART I CRIMES MURDER RAPE ROBBERY Commercial Individual ASSAULT VIOLENT * BURGLARY Residential Non-Resident. Commercial LARCENY AUTO THEFT ARSON PROPERTY * PART I TOTAL: PART II CRIMES Drug Assault Simple orgery/Counterreit Fraud Embezzlement Stolen Property Vandalism Weapons Prostitution A1l Other Sex Offens Gambling Offn Agnst Faml/Chld D. W. I. Liquor Law Violation Disorderly Conduct Obscenity Kidnap All Other Offenses PART II TOTAL: GRAND TOTAL: N.C. = Not Calculable (r_month1)  2015 0 0 3 1 2 8 11 9 8 1 0 62 3 1 75 86  +/- Changed 2014 2015 +/- Changed  36 5 4 5 0 2 8 2 0 0 0 1 15 1 0 0 0 3 82 153  28 13 1 8 1 1 2 3 0 1 0 1 11 1 1 0 0 10 82 168  -8 -228 8 1608 -3 -758 3 608 1 N.C. -1 -508 -6 -758 1 508 0 N.C. 1 N.C. 0 N.C. 0 08 -4 -278 0 08 1 N.C. 0 N.C. 0 N.C. 7 2338 0 15  458 376 135 187 21 37 96 115 5 16 18 19 106 81 24 43 0 0 6 13 0 0 5 8 121 103 14 14 12 12 0 2 3 0 72 76  -82 -188 52 398 16 768 19 20% 11 2208 1 68 -25 -248 19 798 0 N.C. 7 1178 0 N.C. 3 608 -18 -158 0 08 0 08 2 N.C. -3 -1008 4 68 6 18 39 28  08 1096 1102 108 1864 1903  Page: 1  152    Town of Smithfield Fire Department  &  NORTHCAROUINA I.  Month Ending: December, 2015  Statistical Section Responded to:  YTD: 95 19 13 1378 20 169 72 141 202 92 61 2077 567 32 509 1274 5 0 0 94 240 0  9 Total Structure Fires Dispatched 2 Confirmed Structure Fires (Our District) Confirmed Structure Fires (Other Districts)  134 EMS/Rescue Calls 3 Vehicle Fires 17 Motor Vehicle Accidents 10 Fire Alarms (Actual) 12 Fire Alarms (False) 17 Misc./Other Calls 3 Mutual Aid (Received) 9 Mutual Aid (Given)  202 TOTAL EMERGENCY RESPONSES Conducted 10 Fire nspectons/complance Inspections  Conducted  Public Fire Education Programs 15 Adults in Attendance 80 Children in Attendance  Conducted 0 Plans Review Construction/Renoyation Projects  Issued 0 Fire Code Citations Issued 0 Fire Lane Citations Completed 4 Consultation/Walk Through Completed 18 Re-Inspections Completed 0 Fire Investigations  II. Major Revenues  Inspections: False. Alarms: Fire recovery USA: $792.00 (Motor vehicle accidents)  $1550.00 $125.00  $20,750.00 $875.00 $1488.00  Major Expenses for the Month:  153    III. Personnel Update:  Firefighter Tony McLeod promoted to Engineer effective Volunteer Firefighter Daniel Wilson submitted his letter of resignation from the department effective 1-1-16. He remains in  12-14-15.  good standing with the department.  IV.Narrative ofn monthly departmental activities:  The training room continues to be utilized and booked by  numerous agencies almost daily.  154    Town of Smithfield Public Works Department December 31, 2015  199 2 0  Total Work Orders completed by the Public Works Department  Burials, at $700.00 each = $1,400 Cremation Burial, $400.00 each = $0  $1,000 Sunset Cemetery Lot Sales  $0  Riverside Extension Cemetery Lot Sales  440.18 tons of household waste collected 206 tons of yard waste collected 14.18 tons of recycling collected  40 9 16  Animal Control work orders completed Cats transported to Animal Shelter Dogs transported to Animal Shelter  155    Town of Smithfield  Public Works Appearance Division Buildings, Facilities, and Sign Division  Cemetery, Landscapes, and Grounds Maintenance  Monthly Report December 31, 2015  I.  Statistical Section  2 9 6 33  Burials  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: None for the month IV. Personnel Update: None for the month  $1,000.00 $0.00 $1,400.00 $2,400.00  III. Major Expenses for the Month:  V.  Narrative of monthly departmental activities: "Winter Storms - Plan, Equip., and Train".  The overall duties include daily maintenance on cemeteries, landscapes, right-of-ways, buildings and facilities. The Public Works safety meeting was on  156    Town of Smithfield Monthly Report December 31, 2015  Public Works Drainage/Street Division  I.  Statistical Section  a. All catch basins in problem areas were cleaned on a weekly basis b. 4-V Work Orders - 7.14 Tons of Asphalt was placed in 2 utility cuts,1 gator C. 1-Work Order - 8 Linear Feet Drainage Pipe installed. d. 2-V Work Orders - 675 Linear Feet of ditches were cleaned e. 21 - Work Orders - 1,475lbs. of Cold Patch was used for 35 Potholes. 40 Work Orders were completed regarding Animal Control related issues. 9 Cats and 16 Dogs were transported to the Animal Control Shelter.  area and 1 root damaged area.  f.  II. Major Revenues None for the month  III. Major Expenses for the Month:  $1,018.53 toT&V W Welding to mount snow plows.  IV. Personnel Update: None for the month  V.  Narrative of monthly departmental activities:  The Public Works Department safety meeting was on "Winter Storms = Plan,  Equip., and Train".  157    Town of Smithfield Public Works Department December 2015Drainage! 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: Location:  N4"and Bridge Street. 12/1/2015 12/2/2015 10hrs.  Repaired sinkhole in roadway due to drain line failure. 420 Cat backhoe, 405 dump truck. 2yards of3000psi concrete, 2 yards of ABC stone.  103 Pace Street. 12/3/2015 12/3/2015 4.5hrs.  Installeda 15" RCP drain line in driveway for positive drainage. 420 Cat backhoe, 405 dump truck. One 8ft section of 15"RCP, 10 yards ofA ABC stone. Downtown district, 12/3/2015 12/10/2015 42.5hrs.  Worked on Christmas lights for tree lighting ceremony event, assisted  police department with Christmas parade. 402 pickup plus lift rental. One case of clear C7 light bulbs.  Market and 9", 406 S 2nd Street, 116-120 Henley, 410 Canterbury, 412- 516S2M,s7"a and Johnston, Equity Drive, 633,388,101,447, 721, 809, 250 Venture Drive, Venture and Outlet Center Drive, Venture and Magnolia, 703,711, 806 North Street, Buffalo and North Street. Repaired 35 potholes with Perma Patch Asphalt.  Starting) Date: Completion Date: Description: Man-hours: Equipment: Materials: Location; Starting) Date: Completion Date: Description: Man-hours: Equipment: Materials:  12/10/20015 12/28/2015 12hrs.  402 pickup plus hand tools. 29.5 bags of Perma Patch. 4" Street. 12/11/2015 12/11/2015 with 12 asphalt. 15.75hrs. 7.14tons ofI2 asphalt.  508S4"s Street, Brogden Road and SBL, 613S3s Street, Bridge and S  Repaired 2utility cuts, 1 root damaged area and 1 sunken asphaltarea 420 Cat backhoe, 405 dump truck, 402 pickup # plus hand tools.  158    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: Location: Starting Date: Completion Date Description: Man-hours: Equipment: Materials:  103 Stevens Street. 12/14/2015 12/14/2015 Cut nuisance lot for planning department. Ihrr. 2 scag mowers plus hand tools. N/A Outlet Center Drive. 12/16/2015 Still working on project. businesses. 70.75hrs. N/A 12/30/2015 12/30/2015 6hrs. Jet' Truck plus hand tools. N/A 7 West Edgerton Street. 12/31/2015 12/31/2015 3hrs.  Crews are clearing vegetation from right of way to open up view to Tractor bushog, mowers weed eaters plus hand tools. West and Midway Street, Dead End ofNottingham Place Cleaned 675LF ofs storm drain line for positive drainage.  Repaired damaged drain line for positive drainage.  402 pickup plus hand tools. Three 80lbs. bags of concrete.  159    160    Town of Smithfield Monthly Report December 31, 2015  Public Works Fleet Maintenance Division  OTRC  I.  Statistical Section  5 0 40  Preventive Maintenances North Carolina Inspections Work Orders  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 shop employee performed preventive maintenances on all Town owned generators. The Public Works Department safety meeting was on' "Winter Storms  Plan, Equip., and Train".  161    Town of Smithfield Monthly Report December 31, 2015  Public Works Sanitation Division  Statistical Section  The Division collected from approximately 4100 homes, 4 times during the month a. Sanitation forces completed 43 work orders b. Sanitation forces collected 440.18 tons of household waste d. Recycling forces collected 0 tons of clean wood waste (pallets) e. Town's forces collected 5.55 tons of construction debris (C&D) Town's forces disposed of 0 scrap tires g. Recycling forces collected 2.68 tons of recyclable plastic h. Town's forces collected 2,300 Ibs. of cardboard Disposed of 8,760 Ibs. of plastics & glass k. Disposed of (4)55-gal. drums of latex paint. Disposed of (2)55-gal. drums of oil base paint.  C.  Sanitation forces disposed of 103 loads of yard waste and debris at Spain  Farms Nursery  f.  i. A total of 0 gallons of cooking oil was collected at the convenience site  j. I. II. Major Revenues a. C.  Received $26.24 from Sonoco Products for cardboard material Sold 0 Ibs. of shredder steel for $0.00 to Omni Source  b. Sold 0 Ibs. of aluminum cans for $0.00  III. Major Expenses for the Month:  Spain Farms Nursery was paid $3,648.00 for disposal of yard waste and debris. American Road Machinery was paid $1,732.37 for fan assembly and housing for vehicle repairs. Amick Equip., Co. was paid $3,085.00 for a cylinder part for the garbage truck and $1,212.26 for al hydraulic pump. PQ Controls was paid $572.00  for a joy stick replacement on the Hook Lift Truck.  IV. Personnel Update:  Due to the lack of man power a temporary employee was hired to help out the sanitation crew. Cedric Raynor was transferred to the Parks & Recreation Department. The department worked closely with Parks & Recreation and Downtown Development on providing traffic control devices and event containers for the Grinch Run, Tree Lighting Ceremony, Smithfield Christmas Parade and Downtown Carriage rides. The Public Works Departments Safety Training was on "Winter Storms = Plan, Equip., and Train".  V. Narrative of monthly departmental activities:  162    SMITHFIELD at  PARKS & RECREATION  PARKS & RECREATION MONTHY REPORT DECEMBER, 2015  SMITHFIELD RECREATION AND AQUATICS CENTER  I.F Parks and Recreation and SRAC Programs/Events Programs/Events in progress of recently completed: 40  Total Programs/Events participants: 3431 *(does not include spectators) SRAC member visits > 4438*(does not include spectators, meeting attendees, etc.) SRAC Facility Rentals (Banquet Room, Gym, M-P Room, Pool,) > 59 Rentals  SRAC paid day pass visitors > 471 SRAC complimentary day pass visitors > 44  P&R Athletic games, practices and tournaments > 195 (participants included in Total" above)  P&R Facility Rentals (fields, shelters, etc.) > 325 (6 Rentals)  TOTAL DIRECT CONTACTS > 11886  I. Budget Information Through 12/31/15 & YTD:  Parks and Recreation Expenditures > approximately 40.5% SRAC Expenditures > approximately 45.6% SRAC Revenues collected > approximately 46%  III. Highlights  Hosted Town Christmas Tree Lighting with DSDC with approximately 200+ in attendance  Hosted the Town of Smithfield Christmas Parade with over 75 entries Hosted swimming with Santa with over 60 participants  Hosted the 3rd Annual Grinch Run 5k with over 200 participants and toys donated to DSS and  Harbor House.  POST OFFICE BOX 2344 a 600 BOOKER DAIRY ROAD . SMITHFIELD, NC a 27577  OFFICE (919)934-2148 a FAX (919)934-6554  163    SIHED  NORTH CAROLINA Utilities Department Monthly Report December 2015  Statistical Section Kw.  Electric CP Demand 17,511 Kw relative tol November's demand of was 20,700 Electric System Reliability for was 100% relative to November's 99.9976% Raw water treated on a daily average was 2.988 MG relative to 3.235 MG for November; with maximum demand of3.772 MG relative to November's3.960 Total finished water to the system was 86.621 MG relative to November's 81.136 MG. Average daily for the month was 2.794 MG relative to November's2.617 MG. Daily maximum was 3.399 MG (December 17th) relative to November's 3.150 MG. Daily minimum was 2.094 MG (December 26th), relative to  MG.  November's2282MG. Miscellaneous Revenues  Electrical sales were $1,322,249 relative to November's: sales of$1,287,090 Water sales were $157,350 relative to Noyembers5164239 Sewer sales were $215,288 relative to November'ss $223,333 Johnston County Water purchase were $63,573 for 42.382 MG relative to  November's $62,339 for 41.600 MG Major Expenses for the Month  Electricity purchases were $909,668 relative to November's $934,082 Johnston County sewer charge was $268,569 for 88.162 MG relative to  November's $226,111 for 75.417MG.  Personnel Changes  Pat Butler was hired as the new W/S Superintendent, replacing Steve Lane who has moved to the Water Plant. The change is effective January 4, 2016.  164    THF  NORTH CAROLINA  Town Of Smithfield WATER AND SEWER Monthly Report December 2015  .  Statistical Section REPLACED 11 WATER METERS SET 0 METERS FOR NEW ACCOUNTS REPAIRED 7 LEAKS REPAIRED 5 SEWERS WASHED 6524 FEET SEWER LINES MADE 0 WATER TAPS, ANDO SEWER TAP  II.  Major Revenues NA  III. Major Expenses for the Month:  IV. Personnel Update  Jerry McDonald resigned Miscellaneous Activities: RODDED 21 SEWER SERVICES REPAIRED 3 FIRE HYDRANTS SERVICE CALLS 111 LOCATES 80 CHECK 18 LIFT STATIONS DAILY FLUSHED DEAD ENDS 1 TIME  V.  165    SIWED  NORTH CAROLINA  MONTHLY WATER LOSS REPORT  DECEMBER 2015  34" LINE - 1/8'HOLE-1DAY 34" LINE - 1/8'HOLE - 1DAY 34"LINE-1 1/8'HOLE-3DAYS 1"LINE- 1/8'HOLE-5DAYS 2"LINE -1/16" HOLE- 5DAYS 8" LINE - BROKE - 2HOURS 2"LINE- BROKE - 1HOUR  166    ees 991e  999 we!: #e 00 999  -  80 0 %e  80  e9 ee9995  "83889999  88,889895 11 88888 2e1e1  167    Town of Smithfield Water Treatment Plant Rate of Flow 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 3.80 3.80 3.80 117.80 3.80 3,80 3.80  Allf figures are in MGD. Dec'15 Monthly Totals Finish Metered 2.710 2.965 2.845 2.316 3.180 2.775 2.521 2.752 2.876 2.883 2.898 2.855 2.723 2.160 2.537 2.901 3.496 3.113 2.780 2.776 3.009 2.834 3.035 3.046 2.969 2.173 3.090 2.744 3.280 3.090 2.977 88.309 2.849 3.496 2.160  Hrs. Operated 19.0 16.5 19.5 16.0 22.5 17.0 17.0 18.5 17.5 21.5 20.0 19.0 16.5 12.0 14.0 21.0 16.0 22.5 17.5 17.5 19.5 21.0 20.0 19.5 19.5 15.5 20.0 18.0 21.0 18.5 21.0 574.5 18.5 22.5 12.0  Raw Treated 3.014 3.006 2.647 2.420 3.417 2.802 2.593 3.014 2.866 3.424 3.180 3.141 3.182 2.079 2.800 3.346 2.738 3.772 2.805 2,867 3.170 2.691 3.160 3.090 3.109 2.371 3.179 2.850 3.440 3.150 3.320 92.643 2.988 3.772 2.079  Plant 0.0910 0.0490 0.0090 0.0825 0.0940 0.0881 0.0090 0.0090 0.0931 0.0975 0,0955 0.0920 0.0867 0.0080 0.0961 0.0110 0.0988 0.1080 0.1020 0.1010 0.0120 0,0100 0.0906 0.0910 0.0912 0.0790 0.0920 0.0090 0.0940 0.0090 0.0090 2.010 0.065 0.108 0.008  Finisht to %OfRAWTREATED  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  Useage Dist. System TOSYSTEM  2.620 2.916 2.836 2.293 3.086 2.687 2.512 2.743 2.783 2.873 2.803 2.764 2,634 2.152 2.527 2.890 3.399 3.005 2.678 2.678 2.997 2.824 3.026 2.955 2.878 2.094 2.998 2.735 3.188 3.081 2.968 86.621 2.794 3.399 2.094  86.93 97.01 107,14 94.75 90.31 95.90 96.88 91.01 97.10 83.91 88.14 88.00 82.78 103.51 90.25 86.37 124.14 79.67 95.47 93.41 94.54 104.94 95.76 95.63 92.57 88.32 94.31 95.96 92.62 97.81 89.40 93.50  168    SMTHFIED  NORTH CAROLINA  Town of Smithfield Electric Department Monthly Report December, 2015  I.  Statistical Section Street Lights repaired -34 Area Lights repaired -20 Service calls - 27 Underground Electric Locates -45 Poles changed out or installed -4 Underground Services Installed -2  II.  Major Revenues N/A  III. Major Expenses for the Month:  N/A N/A None  IV. Personnel Update:  V. Miscellaneous Activities:  169