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  MITHFIED  NORTH CAROLINA  Town Council  Agenda Packet  Meeting Date: Tuesday, March 1, 2016 Meeting Time: 7:00 p.m.  Meeting Place: Town Hall Council Chambers  350 East Market Street Smithfield, NC 27577    SWTED  NORTH CAROLINA TOWN OF SMITHFIELD TOWN COUNCIL AGENDA REGULAR MEETING MARCH 1, 2016  7:00 PM  Call to Order Invocation Pledge of Allegiance Approval of Agenda Presentations:  Page  1. 2015 Smithfield Police Department's Officer oft the Year- = Richard Conerly (Chief of Police - Mike Scott) See attached information.  Public Hearings:  1. RZ-16-01 Royal Property: The applicant is requesting to rezone approximately a. .18 acre tract of land from the R-8 (Residential) zoning district to the B-3 (Highway Entrance Business) zoning district. The property considered for rezoning is located on the east side of Waddel Drive approximately 120 feet north of its intersection with North Brightleaf Boulevard. The property is further identified as Johnston County Tax ID#  15005031.  (Planning Director- - Paul Embler) See attached information..  2. CUP-16-02 Run Right Auto: The applicant is requesting a conditional use permit to allow an outdoor storage yard of automobiles designed to accommodate 16 vehicles located within a B-3 (Highway Entrance Business ) zoning district. The property considered for approval is located on the south side of Whitley Farm Road approximately 5200 feet southwest of its intersection with Brogden Road. The property is further identified as  Johnston County Tax ID# 15K11026H.  (Planning Director- - Paul Embler) See attached information..  27  3.3 Financing of multiple Water and Sewer Projects and to allow citizen input on an application to the Local Government Commission for the financing of these projects  and approval of Resolution #! 577 (04-2016). (Finance Director- - Greg Siler) See attached information.  .55    Page  Citizens Comments: Consent Agenda Items:  1. Approval of Minutes: January 26, 2016 - Special Meeting  January 26, 2016- Closed Session (Under Separate Cover) February 2, 2016 - Closed Session (Under Separate Cover) February 17,2016- - Closed Session (Under Separate Cover) February 22, 2016 -Closed Session (Under Separate Cover)..  February 2, 2016- - Regular Meeting  .63  2. Bid award and purchase approval of three squad cars from the low bid offered by Deacon. Jones in the amount of $2 24,200 per vehicle. Thiswas approved int the FY: 2015-  2016 budget.  (ChiefofPolice- - Michael Scott) See attached information..  77  3. Bid Award and purchase approval of a 2016 Ford F550 Dump truck from the low bid offered by Deacons Jones, Inc. Goldsboro in the amount of $ 63,268.90. This was  approved in the FY 2015-2016 budget.  (Public Works Director- - Lenny Branch) See attached information. 4. Bid Award and contract approval for the 2015-2016 5treet Resurfacing Project. (Public Works Director-I Lenny Branch) See attached information.. 5. Consideration and Approval of a Pole Attachment agreement with Fiber Technologies (Interim Public Utilities Director - Pete Connet)See attached information.. 6. Consideration of Award of bid to Process Wastewater Technologies (PW Tech) for the purchase and start-up of Dewatering Screw Press Equipment , per the Specifications for this project, in the amount of $200,000.00, to dewater the waste material at the (Interim Public Utilities Director - Pete Connet)See attached information. 7. Consideration and approval of various FY 2015-2016 Budget Amendments (Finance Director - Greg Siler) See attached information..  .89 .97  Network LLC and the Town of Smithfield  99  Smithfield Water Treatment Plant before disposal.  .129 .133  8. Consideration and Approval of Resolution #! 578 (05-2016) 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..  137  9. Advisory Board/ Committee Appointments  a. Carolyn Ennis has submitted an application for consideration to be reappointed b. Terri Lee has submitted an application for consideration to be reappointed to  to serve ai fourth term on the Library Board ofTrustees. serve a second term on the Library Board of Trustees. (Town Clerk - Shannan Williams)See attached information.  .143    Page  10. North Carolina Eastern Municipal Power Agency Board of Commissioners Appointment: Consideration and approval to endorse the appointment of Public Utilities Director Ted Credle to serve as First Alternate Commissioner representing the (Interim Public Utilities Director - Pete Connet) See attached information. 11. New Hire Report (Human Resources Director = Tim Kerigan) See attached information..  Town of Smithfield.  151 .153  Business Items  1. Internet Purchase Exchange Zone  (Chief of Police - Michael Scott) See attached information.  155  2. Consideration of Award of bid to S& C Electric Company for the purchase of 1 circuit switcher in the amount of $89,521.00 as part of the second transformer project at the (Interim Public Utilities Director - Pete Connet)See attached information.. 3. Downtown Revitalization State Grant Application Funds (Interim Town Manager - Jim Freeman) See attached information.  Brogden Road Substation.  .167 .183  Councilmember's Comments Town Manager's Report  Financial Report (See attached information). Department Reports (See attached information).  199 203  Manager's Report  Closed Session: Pursuant to NCGS143-318.11 (a) (6) to discuss Town Manager candidates.  Adjourn    Presentation    Town of Smithfield Town Council Action Form  Item: Recognition  Date of Meeting: March 01, 2016 Staff Work By: Chief Michael L. Scott  Date Prepared: February 09, 2016 Presentation: Town Manager's Discretion  Presentation:  The police department recognizes one officer annually as "Officer of the Year." This employee is nominated by secret ballot, completed by every member of the police department. The officer receiving the most votes is then reviewed by a recognition committee consisting of four lieutenants and the Patrol Commander. The committee then makes a recommendation for Officer of the Year to the Police Chief, who has the final say as to this award. The Officer of the Year for the Smithfield Police Department, 2015 is Officer Rick Conerly. This is Officer Conerly's second time to receive this award.  Action Requested:  Officer Conerly is a member of Patrol Team "D". Officer Conerly has been extremely dedicated to the department and its mission during 2015. Officer Conerly often gives freely of his personal time to attend recognition announcements for new hires, as well as other officers. He has served as an acting sergeant on his squad, while also training several probationary officers through the department's field training program. He is also one of the two certified Drug Recognition Experts (DRE) who are members of the Smithfield Police Department. It is requested he be issued a plaque identifying him as the 2015 Police Officer of the Year and have his name placed on the annual plaque in the lobby of the police department, proclaiming him as the 2015 Smithfield Police  Officer of the Year.  1    2    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  SMIHFED  NORTH CAROLINA  STAFF REPORT  Application Number: Project Name: TAXID number: Town Limits/ETJ: Applicant: Owners: Agents:  RZ-16-01 Royal Property 15005031 Within Smithfield Corporate Limits Michael L. McLamb John D. Royal none none  Neighborhood Meeting: PROJECT LOCATION:  East side of Waddel Drive approximately 120 feet north of its  intersection with North BrighteafBoulevard.  REQUEST: SITE DATA: Acreage: Present Zoning: Proposed Zoning: Existing Use: Proposed Use DEVELOPMENT DATA: Proposed Use:  Rezone approximately .18 acre tract of land from the R-8 (Residential) zoning  district to the B-3 (Highway Entrance Business) zoning district  .18 acres R-8 (Residential) Residential N/A  B-3 (Highway Entrance Business)  N/A - All uses permitted with in the B-3 (Highway Entrance Business) zoning district may be considered for future site plan  approval.  ENVIRONMENTAL: The property considered for a rezoning does not appear to contain.  environmentally sensitive areas such as regulated streams or designated wetlands.  3    ADJACENT ZONING AND LAND USES:  North: South: East: West:  Zoning: Zoning: Zoning: Zoning:  R-8 (Residential)  Existing Use: Single Family Dwelling Existing Use: Sun Auto' Wash Existing Use: Sun Auto Wash Existing Use: Single Family Dwelling  B-3 (Business Entrance Business) B-3 (Business Entrance Business)  R-8 (Residential)  STAFF ANALYSIS AND COMMENTARY:  The property considered for rezoning is currently being used for residential purposes. The property contains one single family dwelling and one accessory structure. The property is served with city  water and sewer located within the right-of-way of Waddel Drive. Consistency with the Strategic Growth Plan  The proposed rezoning to B-3 (Highway Entrance Business) zoning district is not consistent with the Strategic Growth Plan which recommends the property be utilized for high density residential development and office and Institutional land uses. However the property is adjacent to an existing B-3 (Highway Entrance Business) zoning district and the proposed  rezoning is a logical extension of this district. Consistency with the Unified Development Code  The rezoning will be consistent with the Town of Smithfield Unified Development Ordinance provided that all proposed future land uses and developments are constructed in accordance  with minimum development standards. Compatibility with Surrounding Land Uses  The property considered for a rezoning is fronting on a residential street but is immediately adjacent to property fronting on Brightleaf Boulevard which is zoned B-3 (Highway Entrance Business). Rezoning this property from a residential zoning district to a commercial zoning district will not create compatibility issues with the adjacent residential uses to the north provided that adequate buffers are installed as part of any future site development plan to  include landscaping, fencing, earthen berm or any combination thereof.  OTHER: FIRE PROTECTION: SCHOOL IMPACTS:  The Town of Smithfield will provide fire protection.  NA  PARKS AND RECREATION: NA  4    ACCESS/STREETS:  Approximately 65 feet or road frontage along Waddel Drive.  WATERISEWER PROVIDER: Town water and sewer services are available within the right-of-way  ofWaddel Drive. Town of Smithfield  ELECTRIC PROVIDER: FINDINGS:  In connection with a legislative decision for a rezoning request, the Town council may consider certain approval criteria. Please refer to attached "Approval Criteria". Planning Staff generally accepts these findings as fact as part of a complete application submitted by the petitioner.  Planning Department Recommendations: The Planning Department recommends approval of the request to rezone approximately .18 acres of land from the R-8 (Residential) zoning district to B-3  (Highway Entrance Business) zoning district.  Planning Board Action Requested: The Planning Board, at its February 4, 2016 meeting, unanimously voted to recommend approval of the request to rezone approximately .18 acres of land from the R-8 (Residential) zoning district to B-3 (Highway Entrance 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 approval criteria for a rezoning petition of approximately .18 acres of land from the R-8 (Residential) zoning district to B-3 (Highway Entrance Business)  zoning district.  5    6    Town of Smithfield  Rezoning Permit Application  Approval Criteria  Application No. RZ-16-01 Name: Royal Property  Request: Zoningreclassification from R-8 (Residential) to B-3 (Business)  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 Council has the responsibility to determine if the zoning map amendment is warranted. 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  ofthe application.  support of the motion. 1. Finding One of Eight: Smithfield... Circle One A. Agree  .The zoning petition is in compliance with all applicable plans and policies of the Town of  The rezoning request from a Residential zoning district to a Business zoning district meets all the Town's plans and policies and will blend in well with the adjacent land uses. The comprehensive Land Use Plan directly indicates the subject property is adjacent to properties  identified as best suited for commercial land uses.  B. Disagree  Iti is unlikely an argument opposing the rezoning would be valid given the existing use single Family Dwelling) is a permitted within the requested B-3 (Business) zoning district and the Comprehensive Land Use Plan recommends the property be zoned for Commercial land uses.  1of5 RZ-16-01  7    2. Finding Two of Eight surrounding ared.... Circle One A. Agree  .The rezoning petition is compatible with established neighborhood patterns of the  Although no know compatibility issues with adjacent land uses have occurred in the past, rezoning the property to the B-3 (Business) zoning district will allow for wider range of land  usestoi include professional offices, retail sales, and car washes.  B. Disagree  Although no know compatibility issues with adjacent land uses have occurred in the past, rezoning the property to the B-3 (Business) zoning district will allow commercial development  to encroach into an existing single family dwelling neighborhood.  3. Finding Three of Eight warrant a rezoning... Circle One A. Agree  .The rezoning petition is compatible with the changing neighborhood conditions that might  Rezoning petition is compatible with the changing neighborhood conditions that might warrant ar rezoning because the North Bright Leaf Boulevard corridor is a heavily traveled corridor considered ideal for intense commercial endeavors. Most of the lots that existed from many years ago were very small and it is not unçommon for multiple lots to be rezoned and  recombined into larger lots to accommodate modern commercial endeavors.  B. Disagree  The rezoning petition is NOT compatible with the changing neighborhood conditions that might warrant a rezoning because the rezoning request is creating development pressure on an  existing residential neighborhood. 4. Finding Four of Eight  ..The rezoning request is in the community interest....  2of5 RZ-16-01  8    A. Agree  The rezoning will allow for a wider range of commercial and office uses and provide additional office space and services for the residents of Smithfield. The development that will occur from  the rezoning willi increase the tax base as an additional benefit.  B. Disagree  The denial of the rezoning will be in the best interest of Smithfield because it will maintain a  reservoir of residential properties for future development.  5. Finding Five of Eight  ..The request does not constitute "Spot Zoning"....  A. Agree  Since adjacent nearby properties are presently zoned B-3 (Business) then it is unlikely an  argument could be made for "spot zoning" or small scale" zoning.  B. Disagree denial.  Since the rezoning does not meet the definition of spot zoning then there is no valid basis for  6. Finding Six of Eight  ..Present regulations deny orr restrict the economic use of the property....  A. Agree  The propertyi isc currently zoned R-8 (Residential). The R-8 zoning district allows for single family dwellings and rezoning the property to B-3 (Business) will not create a nonconformity since single family dwellings are permitted in the B-3 (Business) zoning district as well. However, additional office and commercial uses such as those permitted in the B-3 (Business) zoning  district cannot occur unless the property is rezoned.  B. Disagree  There are limited considerations for residential development in the B-3 (Business) zoning district. These residential uses should be pursued in more depth prior to rezoning to  commercial.  7. Finding Seven of Eight  3of5 RZ-16-01  9    ...the availability of public services allows consideration of this rezoning request...  A. Agree  Ina addition to public water and sewer being available to the site, the property is served by Town of Smithfield with electricity. CenturyLink and Time Warner also serve the area with phone and  cable respectively. BD Disagree petition.  Since all the above utilities serve the area then there can be no justification to deny the  8. Finding Eight of Eight  .Physical characteristics of the site prohibit development under present regulations...  A. Agree  There are no physical restraints to the area considered for rezoning such as wetlands, stream buffers, potential flood hazard areas and storm water. There is no limiting geological and hydrological formation that would prohibit development (rock outcrops, lakes, etc.).  B. Disagree  Since there are no physical features such as rock out crops that would render the rezoned area undevelopable and given the fact that proper permits more than likely be obtained then there is  no basis for denial based on physical characteristics.  9. Once all findings have been decided one of the two following motions must be made. Motion to Approve: Based upon satisfactory compliance with the above stated eight findings and fully contingent upon full incorporation of all statements entered into the record by the testimony of the applicant and applicant's representative I move to approve the Rezoning Motion to Deny: Based upon the failure to adequately address all of the above stated eight findings and for the reasons stated therein, I move to deny the Rezoning Petition RZ-16-01.  Petition RZ-16-01.  10. Record of Decision:  4of5 RZ-16-01  10    Based on a motion and majority vote of the Town of Smithfield Town Council, Rezoning  Petition RZ-16-01 is hereby:  Checkone  Approved for the following reasons:  Denied for the following reasons:  Decision made this  day of  20 while in regular session.  M. Andy Moore, Mayor  Attest:  Shannan L. Williams, Town Clerk  5of5 RZ-16-01  11    12    Planning Board Report for  RZ-16-01 Royal Property  RZ-16-01 Royal Property: Mr. Foy opened the publichearing.  Mr. Helmer stated the applicant is requesting to rezone approximately a .18 acre tract of land from R-8 (Residential) zoning district to the B-3 (Highway Entrance Business) zoning district. The property considered for rezoning is located on the east side of Waddel Drive approximately 120 feet north of its intersection with North Bright Leaf Boulevard. The property is further Mr. Helmer stated all uses within the B-3 (Highway Entrance Business) zoning district may be considered for future site plan approval. The property considered for rezoning does not appear to contain environmentally sensitive areas such as regulated streams or designated wetlands. The property is currently being used for residential purposes. The property contains one single family dwelling and one accessory structure. The property is served with city water and sewer located within the right-of-way of Waddel Drive. The rezoning to B-3 (Highway Entrance Business) zoning district is not consistent with the Strategic Growth Plan which recommends the property be utilized for high density residential development and office and institutional land uses. However the property is adjacent to an existing B-3 (Highway Entrance Business) zoning district and the proposed rezoning is a logical extension oft this district. The rezoning will be consistent with the Town of Smithfield Unified Development Ordinance (UDO) provided that all proposed future land uses and developments are constructed in accordance with minimum Mr. Helmer stated the property considered for a rezoning is fronting on a residential street but isi immediately adjacent to property fronting on Bright Leaf Boulevard which is zoned B-3 (Highway Entrance Business). Rezoning this property from a residential zoning district to a commercial zoning district will not create compatibility issues with the adjacent residential uses to the north provided that adequate buffers are installed as part of any future site development plan to include landscaping, fencing, earthen berm or any combination thereof. The Town of Smithfield will provide fire protection as well as water/sewer, and electric services. Mr. Helmer stated the Planning Department recommends approval of the request to rezone approximately .18 acres of land from the R-8 (Residential) zoning district to B-3 (Highway The Planning Board is requested to review the rezoning proposal and make a recommendation to Town Council in accordance with the approval criteria for a rezoning request. Mr. Foy asked if anyone wanted to speak for or against the proposal. Mark Lane asked ift the applicant was buying or renting the property.  identified as. Johnston County Tax ID# 15005031.  development standards.  Entrance Business) zoning district.  13    Mr. Helmer stated it was in consequential but that may be a question best answered by the  applicant.  Mark Lane asked if this property was to be changed to B-3, would it stay changed.  Mr. Helmer stated the zoning would remain as rezoned but the structure could continue to be used for residential purposes. Ifthe applicant changed the use of the structure to commercial then revert back to a residential use, a conditional use permit would be required given that it Mike McLamb, of Four Oaks, stated he is the applicant for the proposed project and owns Sun Auto Wash. He stated the purpose in purchasing this property and having it rezoned is to create an area: suitable for expansion on his existing business. His intention is to tear down the  would be aB-3 (Highway Entrance Business) zoning district.  residential building structure.  Daniel Sanders asked ift there were any concerns from adjacent property owners. Mr. Helmer stated he was not aware of any and no one is present to give sworn testimony. Stephen Upton stated that due to the condition of the residential structure, having it torn down  would add benefit the surrounding properties and area in general.  Mr. Foy closed the publicmeeting for RZ-16-01.  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.  of the application.  1.  The zoning petition is in compliance with oll applicable plans and policies of the Town of The rezoning request from a residential zoning district to a commercial zoning district meets all of the Town's plans and policies and will blend in well with the adjacent land uses. The Comprehensive Land Use Plan directly indicates the subject property is  Smithfield:  adjacent to land identified as best suited for commercial land uses.  All members stated true.  14    2.  The zoning petition is compatible with established neighborhood patterns of the Although no known compatibility issues with adjacent land uses have occurred in the past, rezoning the property to the B-3 (Business) zoning district will allow for wider range ofl land uses toi include professional offices, retail sales, and car washes.  surrounding area:  All members stated true. might warrant a rezoning:  3.  The rezoning petition is compatible with the changing neighborhood conditions that Rezoning petition is compatible with the changing neighborhood conditions that might warrant a rezoning because the North Bright Leaf Boulevard corridor is a heavily traveled corridor considered ideal for intense commercial endeavors. Most of the lots that existed from many years ago were very small and it is not uncommon for multiple lots to be rezoned and recombined into larger lots to accommodate modern commercial  endeavors.  All members stated true.  4.  The rezoning request is in the community interest:  The rezoning will allow for a wider range of commercial and office uses and provide additional office space and services for the residents of Smithfield. The development that will occur from the rezoning will increase the tax base as an additional benefit.  5.  The request does not constitute as "Spot Zoning":  Since adjacent nearby properties are presently zoned B-3 (Business) then it is unlikely  an argument could be made for "spot zoning" or "small scale" zoning. Present regulations deny or restrict the economic use of the property:  6.  The propertyis is currentlyzoned R-8 (Residential). The R-8zoning district allows for single family dwellings and rezoning the property to B-3 (Business) will not create a nonconformity since single family dwellings are permitted in the B-3 (Business) zoning district as well. However, additional office and commercial uses such as those permitted in1 the B-3 (Business) zoning district cannot occur unless the property is rezoned.  All members stated true.  7.  The availability of public services allows consideration of this rezoning request:  15    In addition to public water and sewer being available to the site, the property is served by Town of Smithfield with electricity. Centurylink and Time Warner also serve the area  with phone and cable respectively. All members stated true.  8.  Physical characteristics of the: site prohibit development under present regulations: There are no physical restraints to the area considered for rezoning such as wetlands, stream buffers, potential flood hazard areas and storm water. There is no limiting geological and hydrological formation that would prohibit development (rock outcrops,  lakes, etc.). All members stated true.  Based upon satisfactory compliance with the above stated eight findings and fully contingent upon full incorporation of all statements entered into the record by the testimony of the Stephen Upton made a motion, seconded by Ashley Spain to recommend approval requesting a to rezone approximately .18 acre tract of land from the R-8 (Residential) zoning district to  applicant and plantsrepresentalve.  the B-3 (Highway Entrance Business) zoning district. Unanimous  Duly adopted this the 4th day of! February 2016.  Mr. Eddie Foy, Planning Board Chairman  ATTEST  Mark E. Helmer, AICP,CZO Senior Planner  16    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  3501 E. Market St Smithfield, NC27577 P.O. Box 761, Smithfield, NC27577  SHLE!  NORTH CAROLINA  REZONING APPLICATION  Pursuant to Article 4, Section 4-1 of the Unified Development Ordinance, proposed amendments may be initiated by the Town Council, Planning Board, Board of Adjustment, members of the public, or by one or more interested parties. Rezoning applications must be accompanied by nine (9) sets of the application, nine (9) sets ofrequired plans, an Owner's Consent Form (attached) and the application. fee. The application fee  is$300.00 forarezoning to a Standard. District. Name of) Project: Royal Property Parcel ID Number: 15005031 Deed Book: 4381 Address: 41 Waddell Drive  Acreage of] Property: 0.18 Acres TaxID: 4233934 Deed Page(s): 885  Location: North Side Waddell Drive., Joining Sun Auto Wash  Existing Use: Residential Existing Zoning District: R-8 Requested Zoning District B-3 Is project within a Planned Development: Planned Development District (ifapplicable): Isp project within an Overlay District: Overlay District (ifapplicable):  Proposed Use: Commercial  Yes  No  Yes  VNo  FOR OFFICE USE ONLY  File Number: R2-1607 Date Received: 14116  Amount Paid: oe  Page I of6  13/2012  17    OWNER. INFORMATION: Name: John D. Royal  Mailing Address: 5809 Pointer Dr., Apt" "C", Raleigh NC 27609 Phone Number: 919-981-5680  Fax:  Email Address:  APPLICANTINEORMATION: Applicant: Michael L. McLamb Phone Number: 919-801-4629 Contact Person: Mike! McLamb  Mailing Address: 100 Mariah Dr., Four Oaks, NC 27524  Fax: 48-487-6876  Email Address: mimdambEmsn.cen  REQUIRED PLANS AND SUPPLEMENTALINFORMATION  The following items must accompany a Conditional Use Permit application. This information is required to V A map with metes and bounds description ofthe property proposed for reclassification.  be present on all plans, except where otherwise noted: V A list of adjacent property owners. M A statement of justification. Other applicable documentation: STATEMENT OF JUSTIFICATION  Please provide detailed information concerning all requests. Attach additional sheets if necessary. Property joins Sun Auto' Wash which is zoned B-3. The highest and best use for this property is commercial.  Page 2of6  11/2012  18    REQUIRED FINDINGSOFI FACT  Article 13, Section 13-17 of the Town of Smithfield Unified Development Ordinance requires applications, for zoning map amendment to address the following findings. The burden of proofis on the applicant and failure to adequately address the findings may result in denial of the application. 1. The zoning petition is in compliance with all applicable plans and policies of the Town of  Please attach additional pages ifnecessary.  Smithfield:  Ther rezoning oft this property toE B-3 willl be ane expansion of the adjoining B-3 zoned area.  2. The zoning petition is compatible with established neighborhood patterns of the The! properly North and East is currently: zoned B-3. The area along! NorthE Brightleaf Blvd. is developed. as commercial.  surrounding area:  3. The rezoning petition is compatible with the changing neighborhood conditions that might The existing property along the Brightleaf Blvd. corridor have been consistently rezoned lo commerçial.  warrant ai rezoning:  4. The rezoning request is in the community interest: Thisr rezoning allows for the growth oft the town's tax base.  5. The request does not constitute "Spot Zoning": The rezoningi is ane extension oft thej joining property's existing B-3: zoning.  Page3 of6  11/2012  19    6.F Present regulations deny or restrict the economic use ofthe property: Thep present regulations dor not allow the property tol be developed toit it'sh highest and best use.  7. The availability of public services allows consideration of this rezoning reques!:  Thep property is locatedv within the town's city limits and all public services are available.  8. Physical characteristics of the site prohibit development under present regulations: The size andl location oft thep property does not allowf for adequate development under current regulations.  Page4 of6  11/2012  20    APPLICANT AFFIDAVIT  IWe, the undersigned, do hereby make application and petition 10 the Town Council of the Town of Smithfield to approve the. subject zoning map amendment. Ihereby certify that I have full legal righi to request such action and that the. statements ori 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, andi will not be returned. Michael LMelamb Print Name  2/6/13 Date  Anhphrg Signalure of Applicant  Page 5 of6  11/2012  21    DB/3GA  95  PGI  VICINITYMAP (nts)  N/F BOBBYD. CHANDLER 922/92  EISIB1037E 67,37' EIP  N/F KEITH ANDERSON 1106/614  Ph 53.4 1-5-B-D 40,3" s2 OHPL PP EIP W. WADDELL  EIP STREET  MIBO59"W 67.56 OHPL  IOOTOR/WOFUS30  WATER, AND. SEWER BY TOWN OF SMITHFIELD  7,89/5F. 018/ACRES  40 20 o SCALET INFEET ALL AREAS BY COORDINATE METHOD ZONNO RECORDED REFLRENCE DB/ 1362, P6I7 AVA. ORD. ELEV FIRM, ZONE PANEL HO. [pa PNNG 36 4JMMY G BARBOUR, CERTIFY THAT THIS KMG PLAT WAS DRAWN UNDER MYS SUPERVISION FROM ANACTUAL SURVEYMADE UNDER CHECKED JCB MYS SUPERVISION THAL-IEERROR OF CLOSURE AS GA ANDL DEPART! BOUNDARIE SHOWNA AS INFORMAT MPUMPSEAESTAAR4 ORDS ASNOTED WITNESSMI 30lh DAY umoy R.L,5.  40  41-W. WADDELL DRIVE, SMITHFIELD SURVEY_FOR: R2-16-02 JOHN, KING, JR. GERALDINE A. KING DEED BOOK 1362, PAGE 17 COUNTY NORTH  8/30/94 FENO. 94-593 CADO FE 7-40  AS RECORDED IN: TOWNSHIP JOHNSTON  TITUDES SMITHFIELD HAT THE ED, ARE INES PRON  EROM L-2855 si  CAROLINA  BARBOUR LAND SURVEYING  JIMMY C. BARBOUR, R.LS. 213S. 2ND ST. P.O. BOX 28 SMITHFIELD, N.C. 27577 (919) 989-6642  B LS 22  CBoilou L-2855    35  921  037  34  Property Considered for Rezoning from R-8 toB-3  R-8  38  41  R-8  40  40  903  B-3  821  B-2  PRONIENF  B-3  Vicinity Map for: RZ-16-01 Applicant: Royal Property  N  NORTH CAROLINA Map Created by The Town of Smithfield Geographic Information Services 23  1 inch = 40 feet 20 40  Feet 80    NORTH CAROLINA PLANNING DEPARTMENT Paul C.I Embler, Jr., Director  ADJOINING PROPERTY OWNERS CERTIFICATION  I, Mark E. Helmer, hereby certify that the property owner and adjacent property owners ofthei following petition, RZ-16-01, were notified by First Class Mail on  2-16-16.  C  Johnston County, North Carolina  IVeronica T. Hardaway, a 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  Nuth dayof Febaan.2016  Vumica I Notary Public Signature Nnico - Notary Public Name  Maudonnuy  Macdquay  My (Seal)  11418  NOTARY PUBLIC E  s  3501 E. Market Street P.O. Box 761 Smithfield, NC: 27577 919-934-2116 Fax 919-934-1134  24    25    26    Town of Smithfield Planning Department 350 East Market Street P.O. Box 761 Smithfield, NC27577 Phone: 919-934-2116 Fax: 919-934-1134  SMITHFE)  NORTH CAROLINA  STAFF RBPORT  Application Number: Project Name: TAXID number: Town Limits/ETJ: Applicant: Owners: Agents:  CUP-16-02 Run Right Auto 15K11026H ETJ Mohammad Purmul Mohammad Purmul N/A  PROJECT LOCATION:  The south side of Whitley Farm Road approximately 5200 feet  southwest ofi its intersection with Brogden Road.  REQUEST:  The applicant is requesting a conditional use permit to allow an outdoor storage yard of automobiles designed to accommodate 16 vehicles and located within a B-3 (Highway Entrance Business) zoning district.  SITE DATA: Acreage: Present Zoning: Proposed Zoning: Existing Use/Previous: DEVELOPMENT DATA: Proposed Use:  1.9 acres N/A  B-3 (Highway Entrance Business) Automotive repair shop/undeveloped.  Automobile storage lot  ENVIRONMENTAL: The southwest property is the centerline of a regulated stream with an  existing 50 foot undisturbed riparian buffer.  27    ADJACENT ZONING AND LAND USES:  North: South: East: West:  Zoning: Zoning: Zoning: Zoning:  LI(Light Industrial)  Existing Use: Flanders Filter Existing Use: esigenua-Agrcutura Existing Use: esigenta-Agncutura Existing Use: Residenta-Agnicuturai  R-20A Resdenta-Agncutura) R-20A esidenta-Agncumura) R-20A Residenta-Agncutura)  STAFF ANALYSIS AND COMMENTARY: Run Right Auto received administrative site plan approval on February 21, 2014 with the condition that no outdoor storage was permitted. The applicant is now requesting a conditional use permit to allow for outdoor storage. The applicant has submitted a revised site plan showing a paved and screened parking lot designed to accommodate 16  automobiles.  Consistency with the Strategic Growth Plan locations providing screening requirements are met. Consistency with the Unified Development Code  Outdoor storage is consistent with the Comprenensive Land Use Plan and permitted at most  Outdoor storage is a permitted use within the B-3 (Highway Entrance Business) zoning district with a valid conditional use permit. The applicant has submitted a preliminary site plan that  shows all applicable screening requirements being met. Compatibility with Surrounding Land Uses  Outdoor storage at this location will not pose a compatibility issue with surrounding land uses due to the screening requirements oft the Unified Development Ordinance being met.  Signs permitted  Signs permits have been issued for this site and no additional signs are requested or  OTHER: FIRE PROTECTION: SCHOOL IMPACTS:  Town of Smithfield NA  28    PARKS AND RECREATION: NA ACCESS/STREETS:  Whitley Farm Road  WATERISEWER PROVIDER: Johnston County / Town of Smithfield allocation  ELECTRIC PROVIDER:  Duke Progress Energy  Planning Department Recommendations:  The Planning Department recommends approval of the proposed storage yard of automobiles providing that all parking spaces are paved and screening of the storage yard is installed in accordance with the minimum developments standards of the Town of Smithfield Unified  Development Ordinance.  Planning Board Recommendations:  The Planning Board at its February 4, 2016 meeting, unanimously voted to recommend approval of the petition for an automobile storage lot on property located within the B-3 (Highway Entrance  Business)  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 automobile storage lot on property  located within thel B-3 (Highway Entrance Business).  29    30    Town of Smithfield  Conditional Use Permit Application Finding of Fact/ Approval Criteria  Application Number: CUP-16-02 Name: Run Right Auto  Request: Applicant seeks a CUP for an outdoor storage yard ofautomobiles designed to 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  accommodate 16 vehicles  motion.  1.1 Finding One of Four: Circle One A. Approval:  Based on the evidence and testimony presented it is the finding of the Town Council hat the application, if approved, will not materially endanger the public health or safety if located where proposed and developed according to the plans as submitted and  approved ori is approved with the following stated conditions.  The proposed automobile storage lot at this location will not materially endanger the public where shown because the site has adequate parking available and layout of the site facilitates safe movement of automobiles and pedestrian traffic  with little additional congestion.  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 automobile storage lot at this location will materially endanger the public where shown because the site is adjacent to a major corridor entering the city. The proposed screening will not be adequate and will cause adverse  impacts on adiacent land uses.  2. Finding Two of] Four CUP-16-02 Page 1of5  31    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 automobile storage lot at this location conforms to standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinances. The revised site plan shows a screened parking area designed to accommodate 16 vehicles and meets all other parking requirements  oft the Town of Smithfield Unified Development Ordinance.  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, 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 automobile storage lot at this location DOES NOT conforms to standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinances. The previously approved plan shows a reduced buffer that will not meet minimum screening requirements for outdoor storage as required by the Town of Smithfield Unified Development Ordinance.  CUP-16-02 Page 2of5  32    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  stated conditions.  The proposed automobile storage lot at this location 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 providing required landscape buffers, street yards and screening are maintained in accordance with mininum development standards and that no more than 16 automobile awaiting repair are on site at any given time and are located in the  designated parking area.  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, will substantially injure the value of adjoining or abutting property and/or will be detrimental to the use or development of adjacent properties or other neighborhood uses in the following ways or for the following  reasons.  The proposed automobile storage lot at this location will substantially imjure the value of adjoining or abutting property and will be detrimental to the useor development of adjacent properties or other neighborhood uses because an outdoor storage lot of automobiles is incompatible with the surround residential  and agricultural land uses.  CUP-16-02 Page 3 of5  33    4. Finding Four of] Four: Circle One A. Approval:  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, would not adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development of the adjacent properties or is approved with the following additional  stated conditions.  The proposed automobile: storage lot at this location will not adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development proving all minimum development standards are met to include landscaping, lighting, paved parking and all other minimum  development standards.  B.  Denial: (lf denied, musti include facts supporting denia!).  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 automobile storage lot at this location will adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development because a previously approved plan showsa reduced buffer that will not meet minimum screening requirements for outdoor storage as required by the Town of Smithfield Unified Development Ordinance.  CUP-16-02 Page 4 of5  34    4. Once all findings have been decided one of the two following motions must be made: Motion to Approve: Based upon satisfactory compliance with the above four stated findings and fully contingent upon acceptance and compliance with all conditions as previously noted herein and with full incorporation ofall statements and agreements entered into the record by the testimony of the applicant and applicant' 's representative Imove to recommend approval of  Conditional Use Permit Application # CUP-16-02  Motion to Deny: Based upon failure to meet all of the above four stated findings and for reasons stated therein, I move to recommend denial of Conditional Use Permit Application #  CUP-16-02 for thej following statedreason:  5. Record of Decision:  Based on a motion and majority vote of the Town of Smithfield Town Council  Conditional Use Permit Application Number CUP-16-02 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 regularsession.  M. Andy Moore, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  CUP-16-02 Page 5 of5  35    36    Planning Board Report for  CUP-16-02 Run Right Auto  CUP-16-02 Run Right Auto: Mr. Foy opened the public hearing.  (Excerpt from draft minutes)  Mr. Helmer stated the applicant is requesting a conditional use permit to allow an outdoor storage yard of automobiles designed to accommodate 16 vehicles and located within a B-3 (Highway Entrance Business) zoning district. The property considered for approval is located on the south side of Whitley Farm Road approximately 5200 feet southwest of its intersection with Brogden Road. The propertyi ist further identified as Johnston County Tax ID# 15K11026H. Mr. Helmer stated the applicant is requesting a conditional use permit to allow an outdoor storage yard of automobiles designed to accommodate 16 vehicles and located within a B-3 (Highway Entrance Business) zoning district. The southwest property is the centerline of a regulated stream with an existing 50 foot undisturbed riparian buffer. Run Right Auto received administrative site plan approval on February 21, 2014 with a condition that no outdoor storage was permitted. The applicant is now requesting a conditional use permit to allow for outdoor storage. The appliçant has submitted a revised site plan showing a paved and screened parking lot designed to accommodate 16 automobiles. Outdoor storage is consistent with the Comprehensive Land Use Plan and permitted at most locations providing screening Mr. Helmer stated that outdoor storage is a permitted use within the B-3 (Highway Entrance Business) zoning district with a valid conditional use permit. The applicant has submitted a preliminary site plan that shows all applicable screening requirements being met. Outdoor storage at this location will not pose a compatibility issue with surrounding land uses due to screening requirements of the UDO being met. Sign permits have been issued for this site and no additional signs are requested or permitted. The Town of Smithfield will provide fire protection, Johnston County will provide water/sewer, and Duke Energy Progress will provide Mr. Helmer stated the Planning Department recommends approval of the proposed storage yard of automobiles providing that all parking spaces are paved and screening of the storage yard is installed in accordance with the minimum development standards of the Town of The Planning Board is requested to review the petition for an automobile storage yard on property located within the B-3 (Highway Entrance Business) corridor and make a recommendation to Town Council in accordance with the finding of fact for a conditional use  requirements are met.  electricservices.  Smithfield UDO.  permit.  Mr. Foy asked ifanyone wanted to speak for or against the proposal.  37    Mark Lane asked if the property is currently in compliance with the UDO. Mr. Helmer stated that after some time, the violations have been abated.  Ashley Spain asked if everything on the plan conforms.  Mr. Helmer stated that the applicant has submitted a revised site plan showing paved parking  area ini the rear for the storage of automobiles awaiting repair. Mr. Foy asked ift the storage area would include cars for sale.  Mr. Helmer stated the Mr. Purmul does not have a permit for automobile sales.  Stephen Upton asked if this storage was in the rear of the building and wanted to know if that Mr. Helmer stated that the UDO defines a parking space as any space where an automobile is kept and 5 or more spaces triggers an improved dustless surface such as concrete or asphalt. Stephen Upton stated guidelines regulating automobile parking and storage needed to be Mohammad Purmul, 106 Muirfield Lane, Clayton, stated he started this project about 3 years ago. It took 2 years to build the shop. When the application was submitted, he stated he had already bought a building. He stated he's been in front of the board before for the rezoning of the property. He stated Mr. Embler told him he could use gravel in the rear of the building, but now is being told he needs to have it paved. He feels as though he doesn't need to do concrete because he has about 6" of gravel and you cannot see the cars from the road. He stated he doesn't know what he's done to Mr. Helmer because he is always driving by and taking pictures of his property. He stated he doesn't know why he was told he could use gravel and spend $3,000-$4,000 on gravel and is now being told to do something else and every time he turns around money is coming out of his pocket. He feels he does not have to do the paving when  area will be paved.  followed by all.  gravel is already put down.  Mark Lane asked how long concrete has been written in the UDO.  Mr. Helmer stated that current parking standards have been in place since the UDO was adopted in 2008. Mr. Helmer stated the approved plan showed a gravel area for storage and is Ashley Spain stated maybe there wasamiscommuntation between what is considered storage  not identified as parking for automobiles. and what is considered parking.  38    Mr. Purmul agreed and stated he was in disagreement with the UDO and did not consider cars awaiting repairs as storage. Mr. Purmul also stated he did not appreciate the Town coming by Mr. Helmer stated the applicant had as many as 25 vehicles on the property and was using drive isles, customer and employee parking, handicap parking and graveled areas for the storage of automobiles awaiting repair and the site had become a major safety concern Ashley Spain stated he appreciated the applicant coming to the Board to get the appropriate  his property.  because the site was designed and constructed with only 6 parking spaces.  permits required for a storage yard for automobiles.  Mark Lane asked ift there have been any complaints coming from the neighbors.  Mr. Helmer stated he was not aware of any complaints from the neighbors and that no one was Mr. Helmer stated that he consulted with Mr. Purmul early in the plan review process and recommended a conditional use permit if more than 6 vehicles in connection with the business would be stored on the property. The applicant stated an expedited process was preferred and that no more than six vehicles awaiting repair would be on the site. Mr. Helmer stated that as the reviewing planner, he routinely conducted inspection before, during and after construction noting discrepancies between what was approved and what was constructed as well as use violations. The Town Zoning Enforcement Officer began formal communication with the applicant soon after a certificate of occupancy was granted. The applicant is now requesting the  present to speak in oppositiontothe request.  Conditional Use Permit to allow for a screened automotive storage yard. Being no further questions, Mr. Foy closed the public meeting for CUP-16-02.  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 orc conclusions reached ins support ofthe motion.  of the 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 and  approved:  39    The proposed automobile storage lot at this location will not materially endanger the public where shown because the site has adequate parking available and layout of the site facilitates safe movement of automobiles and pedestrian traffic with little additional  congestion.  All members stated true.  2.  That the use meets all required conditions and. specifications:  The proposed automobile storage lot at this location conforms to standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinances. The revised site plan shows a screened parking area designed to accommodate 16 vehicles and meets all other parking requirements of the Town of  Smithfield Unified Development Ordinance.  All members stated true.  3.  That the use will not adversely affect the use or any physical attribute of adjoining or The proposed automobile storage lot at this location 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 providing required landscape buffers, street yards and screening are maintained in accordance with minimum development standards and that no more than 16 automobile awaiting repair are on site at any given time and are located in the designated parking area.  abutting property, or that the use is a public necessity; and:  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 located. The conditional use shall demonstrate conformance to the Land Use Plan or other plan in effect at the time and address impacts of the project as required by GS. 160A-382/b): The proposed automobile storage lot at this location will not adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development proving all minimum development standards are met to include landscaping, lighting, paved parking and all other minimum development  standards.  All members stated true.  Based upon satisfactory compliance with the above stated eight findings and fully contingent upon full incorporation of all statements entered into the record by the testimony of the  applicant and applicant's representative;  40    Stephen Upton made a motion, seconded by Daniel Sanders to recommend approval requesting a conditional use permit to allow an outdoor storage lot of automobiles designed to accommodate 16 vehicles and located within a B-3 (Highway Entrance Business) zoning  district.  Duly adopted this the 4th day ofl February 2016.  Mr. Eddie Foy, Planning Board Chairman  ATTEST  Mark E. Helmer, AICP, CZO Senior Planner  41    42    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  - NORTH CAROLINA  350 E. Market St Smithfield, NC27577 P.O. Box 761, Smilhfeld,NC27577  CONDTIONAL USE PERMIT APPLICATION Pursuant to Article 13, of the Town of Smithfield Unified. Development Ordinance, an Owner of land within the jurisdiction of the Town (or a duly authorized agent) may petition the Town Council to allow a Conditional Use. Conditional Uses are uses that may be appropriate in a particular district, but has the Conditional Use Permit applications must be accompanied by nine (9) sets ofthe application, nine (9) sets of required plans, an Owner's Consent Form (attached) and the application fee. The application fee is  potential to create incompatibilities with adjacent uses.  $300.00. Allfees are due when the application is submitted.  SIDINEORMATION: Name ofProject: Run Right Auto Parcel ID Number: 169317-00-2895 Deed Book: 3132  Acreage of Property: 1.89 Tax ID: 4283850 Deed Page(s): 694  Address: 801 Whitley Farms Rd, Smithfield, NC 27577  Location: On the south side of Whitley Farms Rd, +1-1.0mi from Brogden Rd  Existing Use: Auto Repair Shop Existing Zoning District: B-3 Requested Zoning District Same Is project within a Planned Development: Planned Development District (ifapplicable): Isp project within an Overlay District:  Proposed Use: Same  Yes  - No  VYes  No  Overlay District (ifapplicable): Highway Overlay District  FOR ORFICDUSEONINY  File Number: GR/6-02 Date Received:  Hhe  Amount aes  Page 1of5  11017  43    OWNER INFORMATION: Name: Mohammad Purmul Mailing Address: 106 Muirfield Ln, Clayton, NC2 27527 Phone Number: 919-879-7655 Email Address: spurmul@gmail.com APPLICANT INFORMATION: Applicant: Mohammad Purmul Mailing Address: 1061 Muirfield Ln, Clayton, NC: 27527 Phone Number: 919-879-7655 Contact Person; Mohammad Purmul- (Rod) Email Address: spurmul@gmail.com  Fax:  Fax:  REQUIRDDPLANSANDSUPPLEMIENTALINEORMATION  The 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 checklis!). A signed and sealed traffic impact analysis. Verification ofwastewater allocation (granted or requested).  Driveway permits (Town ofSmithfield or NCDOT encroachment with associated documentation).  Other applicable documentation: STATEMENTOF. JUSTIFICATION  Please provide detailed information concerning all requests. Attach additional sheets ifnecessary. This request is to be allowed to park a maximum of 16 vehicles att the rear oft the existing business, Run Right Auto. Thep parked vehicles will be awaiting repair, none oft the vehicles will be 'salvage cars", or for sale. There is a great needf for this type ofv work int this area. The additional vehicle parking will allowf for this business to continue operation while waiting for the repaired vehicles tol bep picked up by their owners. Which allows for the creation ofj jobs. The additional parked vehicles willl be buffered by fencing and landscaping as approved by the Town of Smithfield.  Page2of5  11/2012  44    REQUIRED FINDINGS OF FACT  Article 13, Section 13-17of the Town of Smithfield Unified Development Ordinance requires applications for a Conditional Use Permit to address the following, findings. The burden of proof is on the applicant and failure to adequately address the findings may result in denial of the application. Please attach 1. That the use will not materially endanger the public health, safety, or general welfare if located where proposed and developed according to the plan as submitted and approved; The requested additional parkingi is att the rear oft the existing building andy will bet buffered by fencing andl landscaping.  additional, pages ifnecessary,  2. That the use meets all required conditions and specifications; This planned development willr meet allr requirements oft the Town of Smithfield's specifications  3. That the use will not adversely affect the use or any physical attribute of adjoining or abutting This site isf fenced and landscaped to the Town of Smithfield's Ordinance, Although additionalf fencing is proposed to add additional buffering. The number of vehicles stored att the rear oft the building is proposed to be ar maximum of 16. Allwil be awaiting repair, none will be salvage vehicles. The applicant is the owner oft the entire tract. Therei isa continuing need fort this lype oft business.  property, or that the use is a public necessity; 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 area in whichitist to be located. The conditional use shall demonstrate conformance to the Land Use Plan or other plan in effect at the time and address  impacts ofthe project as required by GS 160A-382(b). Business isl localedi inal low residential growth area.  Page 3of5  11/2012  45    APPLICANT ARRIDAVIT  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 10 the best of my knowledge. I understand this application, related material and all attachments become official records of the Planning Department ofthe Town ofSmithfield, North Carolina,  andi will not be returned. Mohammed Purmul Printl Name  Signatureo ofApplicant  Date  Og  Page 4 of5  46  11/2012    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  -  NORTH CAROLINA  350 E. Market St Smithfield, NC27577 P.O. Box 761, Smithfield, NC27577  OWNER'S CONSENT FORM  Name of Project: Run Right Auto OWNERS: AUTHORIZATION  Submittal Date:  Ihereby give CONSENT to Andrew Hodge  (type, stamp or print  clearly full name of agent) to act on my behalf, to submit or have submitted this application and all required material and documents, and to attend and represent me at all meetings and public hearings pertaining to the application(s) indicated above. Furthermore, I hereby give consent to the party designated above to agree to all terms and conditions which may arise as part of the approval of this Ihereby certify I have full knowledge the property I have an ownership interest in the subject of this application. I understand that any false, inaccurate or incomplete information provided by me or my agent will result in the denial, revocation or administrative withdrawal of this application, request, approval or permits. I acknowledge that additional information may be required to process this application. If further consent to the Town of Smithfield to publish, copy or reproduce any copyrighted document submitted as a part of this application for any third party. I further agree. to all terms and  application.  conditions, which may bei imposed-as part ofthe approval ofthis application.  Mohammed Purmul  1-4-16 Date  of Owner  Print Name    CDRTRICATIONOPALPLICANTAND/OR PROPERIV-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 befeturned. Signature of Olwmér/Applicant  Mohammed Purmul  1-4-16 Date  Print Name  RORORRICE USEONLY  File Number.cVP/6-CK Date Received: Mhe  Parcel ID Number: 169317-00-2895  Page5of5  11/2012  47    R-20A  Location of Proposed Storage Yard  801 B-3  R-20A R-20A  953  R-20A  931  N  Vicinity Map for: CUP-16-02 Applicant: Run Right Auto  NORTH CAROLINA Map Created by The Town of Smithfield Geographic Information Services 48  1 inch = 80 feet 40 80  Feet 160    oBPR  &  49    ZONING PERMIT PERMIT NUMBER: Z-4273 PERMIT ISSUED FOR: AUTOMOTIVE REPAIR PROPOSED LAND USE: PERMIT ISSUE DATE: 2/21/2014 DalasnO Se Ouade BUSINESS NAME OR' TYPE OF PROJECT RUN RIGHT AUTO REPAIR PROPERTY OWNER NAME MOHAMMED PURMUL APPLICANT NAME MOHAMMED PURMUL SUBDIVISION  NORTH CAROLINA 24HOUR. ADVANCED NOTICEREQUIRED FORALLUTILITY COMNECTIONS  PROJECT ADDRESS 801 PROPERTY OWMNER ADDRESS APPLICANT ADDRESS  BUSINESS PHONE # OWNER PHONE: # 919-879-7655 APPLICANT PHONE # 919-894-2584  WHITLEY FARM  ROAD  106 MUIRFIELD LANE CLAYTON NC 27577 106 MUIRFIELD LANE CLAYTON NC 27577  LOT# VALUE OF CONSTRUCTION, AREAI IN SQFT BUXLDING HEIGHT #OFF PARKING. SPACE  GENERAL CONTRACTOR PLUMBING LICENSE # MAUNUFACTURED CLASS YEAR  MECHANICAL LICENSE # SERIAL#  ELECTRICAL LICENSE #  MAKE  ULI HUD#  DIMENSIONS  HOME? ZONING TAXID# 15k11026H COMENTS PROPOSED USE  No 6 MLomaOn B-3  FRONT SETBACK 50 WITHIN: 300 VEAR CHANGE IN USE?  SIDE SETBACK 15 STORMWATER DETENTION SUP OR No CUP  REAR SETBACK 25 SITE PLAN REQUIRED? No SUP OR CUP No FILER NUMBER  CORNER SIDE nla CITY OR ET3 Yes SUPOR CUP APPROVAL DATE  FLOODPLAIN? No REQUIRED?  ETJ  FIRE DEPARTMENT PROJECT MUST COMPLY WITH ALLAPPLICABLE FIRE CODES  COMMENTS AND CONDITIONS OF APPROVAL: 1. ZONING PERMIT ONLY. BUILDING PERMITSTOE BE ISSUED BY: JOHNSTON COUNTY BUILDING INSPECTIONS. 2. PROJECT SHALL BE BUILT INA ACCORDANCE WITH ATTACHED: SITE PLAN AND/OR SIGN DRAWINGS. 3. PROJECT SHALL BE CONSTRUCTED INA ACCORDANCE WITH ALL TOWN OF SMITHFIELD! REGULATIONS. AND STANDARD DETAILS AND SPECIFICATIONS. PROJECT MUST BE CONSTRCUTED IN ACCORDANCE WITH SITE PLAN STAMPED APPROVED ON 2/21/20014.NO OUTDOOR STORAGE, DISPLAY OR SALES PERMITTED. SEPARATE SIGN PERMITS REQUIRED. CONTACT JOHNSTON SITE LIGHTING SHALLI BEI INSTALLED INACCORDANCE WITH ARTICLE 20 OF THE SMITHFIELD UDO.FRONIBUIDING FAÇADE. SHALL BE MASONARY BRICK. ALL IMPROVEMENTS TO INCLUDE LANDSACPAING SHALL BE INSTALLED PRIOR  COUNTY BUILDING INSPECTONS FORALLI REQUIRED BUILDINGI PERMMITS,  TO ISSUANCE OF CERTIFICATE OCCUPANCY.  IgRallIe Blak  THEA APPUICANTA AGREEST TO COMPLYV WmHA ALLS SUILDNGA ANDZ ZONINGE REGULATIONSANDO OTHERLAWSA APPLICABLET TOT THEUSEC OF THISE STRUCTURE ANDF FACILITIESE REFERENCEDT TOH HEREIN. THEF FORWORKS SHALLEXPIREE BYL LIMITATIONS SIXMONTHSA AFTERT THED DATEOF ISSUANCEIFT THEW WORK AUTHORIZEDMASNOTE BEENC COMMENCED. IFA AFTERO COMMENCEMENTI HE ISDISCONTINUED FORA PERIOD OF12MONTHS, UNDERSTANDA THEF PERMITT THEREFORES SHALL! IMMEDIATELYE EXPIRE. NOW WORKA AUTHORIZEDE BYA ANYF PERMITT THATHASE EXPIREDS SHALLT HERI AFTER BSF PERFORMEDUNTILA PERMITHASE BEEN SECURED.  ANOACCEPITHET TERMSO OF1 THIS PERNIT:  919-779-7655 Phone! Number $100.00 Zoning Permit Fee  Aallladek. N2372  Address Date shy  ER66  ApprovedE By  2  50    PE NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  ADJOINING PROPERTY OWNERS CERTIFICATION  IMark E. Helmer, hereby certify that the property owner and adjacent property owners ofthe following petition, CUP-16-02, were notified by First Class Mail on  2-16-16.  LAk  Johnston County, North Carolina  I,V Veronica T. Hardaway, a 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  Lh day of Febuang 4 2016  CA 1 Notary Public Signature Devboica T Notary Public Name  Maidauayy Hacouag  My Commissiqpexpires on 1--18  (Seal)  T 7  NOTARY PUBLIC ASS  350 E. Market Street P.O. Box 761 Smithfield, NC27577 919-934-2116 Fax 919-934-1134  51    52    NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  Notice Of Public Hearings  Notice is hereby given that public hearings will be held before the Town Council of the Town of Smithfield, N.C., on Tuesday, March 1, 2016 at 7:00 P.M., at the Town Hall Council Chamber located at 3501 East Market Street to consider the following requests: RZ-16-01 Royal Property: The applicant is requesting to rezone approximately a. .18 acre tract of land from the R-8 (Residential) zoning district to the B-3 (Highway Entrance Business) zoning district. The property considered for rezoning is located on the east side of Waddel Drive approximately 120 feet north of its intersection with North Brightleaf Boulevard. The property. is further identified as Johnston CUP-16-02 Run Right Auto: The applicant is requesting a conditional use permit to allow an outdoor storage yard of automobiles designed to accommodate 16 vehicles and located within a B-3 (Highway Entrance Business ) zoning district. The property considered for approval is located on the south side of Whitley Farm Road approximately 5200 feet southwest of its intersection with Brogden Road. The property is further  County Tax ID# 15005031.  identified as. Johnston County Tax ID# 15K11026H.  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.smithield-me.com. Run "Legal Ad" in the Smithfield Herald on 2/17/16 and 2/24/16  350 E. Market Street P.O. Box 761 Smithfield, NC27577 919-934-2116 Fax 919-934-1134  53    NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  Notice Of Public Hearings  Notice is hereby given that public hearings will be held before the Town Council of the Town of Smithfield, N.C., on Tuesday, March 1, 2016 at 7:00 P.M., at the Town Hall Council Chamber located at 350 East Market Street to consider the following requests: RZ-16-01 Royal Property: The applicant is requesting to rezone approximately a .18 acre tract of land from the R-8 (Residential) zoning district to the B-3 (Highway Entrance Business) zoning district. The property considered for rezoning is located on the east side of Waddel Drive approximately 120 feet north of its intersection with North Brightleaf Boulevard. The property is further identified as Johnston CUP-16-02 Run Right Auto: The applicant is requesting a conditional use permit. to allow an outdoor storage yard of automobiles designed to accommodate 16 vehicles and located within a B-3 (Highway Entrance Business ) zoning district. The property considered for approval is located on the south side of Whitley Farm Road approximately 5200 feet southwest of its intersection with Brogden Road. The property is further  County Tax ID# 15005031.  identified as Johnston County Tax ID# 15K11026H.  You have been identified as a property owner in the area specified above and are being advised of this meeting as you may have interest in this matter. You are welcome to attend; however, you are not required to in order for the Board to act on this request. Additional information may be obtained by contacting the Town of Smithfield Planning  Department at 919-934-2116.  350 E. Market Street P.O. Box 761 Smithfield, NC27577 919-934-2116 Fax 919-934-1134  54    Town of Smithfield Town Council Action Form  Item: Hold a Public Hearing and Approve Resolution Authorizing the Filing of an Application to the Local Government Commission for Installment Financing of the Inflow and Infiltration,  and Raw' Water Intake Projects. Date of Meeting: March1 1,2016 Staff Work By: Greg Siler, Finance Director  Date Prepared: February 16, 2016 Presentation: Regular Agenda  Background: North Carolina General Statute 160A-20 requires a unit of local government to hold a public hearing before entering into a contract involving the purchase ori improvement of The Town of Smithfield is considering the financing multiple water and sewer projects. The  real estate.  projects are as follows:  Install NC210 Sewer Line and Pump Station #3 Upgrade ($265,000)  Install a Chlorine Dioxide System ($130,000) Install SCADA System ($60,000) Install al Bypass Lift Station ($50,000) Purchase 9 Spare Pumps for Lift Stations ($50,000) Purchase Gently Used Backhoe ($81,500) Purchase Sludge Handling Equipment ($100,000)  Purchase Air Compressor/Concrete Saw/Trench Shoring Equipment ($41,000) Replace Switch Gear Control at High Service Pump ($62,000) Replace Electric Panels, Breakers and Elevate 2Transformers ($80,000) Replace Automatic Switch and Control Paneis on Generator ($90,000)  Replace Valves around Plant ($30,000) Replace Water Values Around Town ($50,000) Replace 21 Inch' Water Line Off Vermont Street ($25,000) Upgrade SCADA for Modem Line ($37,000) Rebuild Raw Water Pump ($30,000)  The loan amount is approximately $1,181,500. Interest is fixed at an indicative rate of3 %1 for 7 or 10 years. Payments would be made twice a year, estimated at $94,198 ($188,396 annually) for seven (7) years or $68,823 ($137,646 annually) for ten (10) years if offered. A summary of  55    the project's estimated refinancing amount (closing cost included) and rates are found in the  tablel below Project  Estimated. Amount $1,181,500  Annual Debt Payment $188,396 for 7 years  Multiple Water and Sewer Projects  Ar maximum water/sewer increase of .485 cents per 1000 gallons of usage is needed to meet the annual loan payment of $188,396 which will not come due until sometime after June 30, 2016. The town is required by the LGC to estimate the impact on the water rate, sO the finance director decided to be as conservative as possible by using the largest increase that could likely occur. This estimate is for informational and reference purposes in evaluating the potential  impact ofthese projects on the town'sbudget and financial condition.  Financial Impacts: The interest expense on $1,181,500 million over 7 years at an indicative rate The interest expense on $1,181,500 million over 10 years at an indicative rate of 3.0 % is  of3.0%is $137,273. Total repayment of principal and interest is $1,318,773. $19495/.Tolalrepayment of principal and interest is $1,376,457  Action Requested: Conduct the Public Hearing, receive and consider input from interested  citizens regarding the financing ofthis project.  Attachments:  Resolution and Amortization Schedule  Note: the attached amortization schedule is for estimation purposes only and is not an offer  ord commitment from any lending institution.  56    RESOLUTION#S 577 (04-2016)  RESOLUTION AUTHORIZING: THE FILING OF AN APPLICATION FOR APPROVAL OF A FINANCING AGREEMENT AUTHORIZED BY NORTH WHEREAS, the Town of Smithfield, North Carolina, desires to secure financing for the Installation of NC210 Sewer Line and Pump Station #3 Upgrade, installation of a Chlorine Dioxide System, SCADA System and bypass Lift Station; the purchase of 9 Spare Pumps for Lift Stations, Gently Used Backhoe, Sludge Handling Equipment, Air Compremsor/Concrete Saw/Trench Shoring Equipment; replace Switch Gear Control at High Service Pump, Electric Panels, Breakers and Elevate 2' Transformers, Automatic Switch and Control Panels on generator, Valves around Plant and Town, 21 Inch Water Line Off Vermont Street; Upgrade WHEREAS, The Town of Smithfield, North Carolina, desires to finance the Projects by the use of an installment contract authorized under North Carolina General Statute 160A, WHEREAS, findings of fact by this governing body must be presented to enable the North Carolina Local Government Commission to make its findings off fact set: forth in North Carolina General Statute 159, Article 8, Section 151 prior to approval of the proposed NOW, T'HEREFORE, BE IT RESOLVED that the Town Council of the Town of Smithfield, North Carolina, meeting in regular session on the 1 day of March, 2016, make 1. The proposed contract is expedient because the installation, replacement, upgrade, or purchase of items is needed to maintain the water and sewer system, and the proposed contract would make the project feasible while ensuring proper debt 2. The proposed contract is preferable to a bond issue for the same purpose because the' Town can correct the maintenance items in ai more timely manner while taking advantage of current purchase cost and practicing proper debt management. The Town can also service the debt on this project, fund other projects, and keep a healthy fund balance without significantly increasing the tax burden on the residents of the Town. The proposed amount of up to $1,181,500 could not be prudently raised with current appropriations, unappropriated fund balance and 3. The cost of financing under the proposed contract is expected to be approximately 4. The sums to fall due under the contract are adequate and not excessive for the proposed purpose. The Town will carefully review proposed financing rates with the help of the LGC and will closely monitor proposed construction costs to ensure sums 5. The Town of Smithfield debt management procedures and polices are good, as verified by the Town's Finance Director and through annual audits. The Town is in compliance with all applicable laws and will continue to manage its debt in such a  CAROLINA GENERAL STATUTE 160A-20  SCADA for Modem Line; and Rebuild Raw Water Pump and  Article 3, Section 20; and  contract;  the following findings of fact:  management.  non-voted bonds that could be raised in a timely manner. the same as the costs of issuing general obligation bonds.  are: notexcessive.  manner.  57    6. The maximum increase in taxes necessary to meet the sums to fall due under the proposed contract will be no greater than 0 cents per $100 valuation and is not 7. The Town of Smithfield, North Carolina, is not in default in any ofi its debt service 8. The attorney for the Town of Smithfield has rendered an opinion that the proposed Project is authorized by law and is a purpose for which public funds may be expended pursuant to the Constitution and laws of North Carolina. NOW,THEREFORE, BE IT FURTHER RESOLVED that the Interim Town Manager is hereby authorized to act on behalf of the Town of Smithfield, North Carolina, in filing an application with the North Carolina Local Government Commission for approval of the Project and the proposed financing contract and other actions not inconsistent with this  deemed tol be excessive. obligations.  resolution.  This resolution is effective upon its adoption this lday of March 1, 2016. The motion to adopt this resolution was made by Councilman  seconded by Councilman and passed by a vote of_  to.  M.. Andy Moore, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  This is to certify that this is a true and accurate copy ofl Resolution No.577 (04-2016) Adopted  by the' Town of Smithfield Town Council on the 1 day of March, 2016.  Shannan L. Williams, Town Clerk  March 1, 2016  58    Date: 02/10/2016 Funding Date:  KS BANK, INC. Compounding: U.S. Rule  Page 1  02/10/2016  Principal: InitialInterest: Rate: 0.000% Pmt Amount:  1,181,500.00 3.000% 94,198.03 Equity Built $76,524.08  First Payment Date: 08/10/2016  Period:  Actual/365  Pmt Schedule: Semi-Annually Interest Rate:  Payment Payment Number Date Days  Payment Amount $94,198.03 $94,198.03 $94,198.03 $94,198.03 $94,198.03 $94,198.03 $94,198.03 $94,198.03 $94,198.03 $94,198.03 $94,198.03 $94,198.03 $94,198.03 $94,198.13 1,318,772.52  Interest Principal Outstanding Amount Reduction Balance  08/10/2016 182 2 02/10/2017 184 3 08/10/2017 181 4 02/10/2018 184 5 08/10/2018 181 6 02/10/2019 184 7 08/10/2019 181 8 02/10/2020 184 9 08/10/2020 182 10 02/10/2021 184 11 08/10/2021 181 12 02/10/2022 184 13 08/10/2022 181 14 02/10/2023 184 2023 Totals: Grand' Totals:  17,673.95 16,710.87 15,285.65 14,345.59 12,923.76 11,908.83 10,490.47 9,398.41 8,027.75 6,812.78 5,401.70 4,148.34 2,741.06 1,403.36 137,272.52 1,181,500.00  76,524.08 1,104,975.92 77,487.16 1,027,488.76 $154,011.24 78,912.38 948,576.38 $232,923.62 79,852.44 868,723.94 $312,776.06  81,274.27 82,289.20 83,707.56 84,799.62 86,170.28 87,385.25 88,796.33 90,049.69 91,456.97 92,794.77  787,449.67 $394,050.33 705,160.47 $476,339.53 621,452.91 $560,047.09 536,653.29 $644,846.71 450,483.01 $731,016.99 363,097.76 $818,402.24 274,301.43 $907,198.57 184,251.74 $997,248.26 92,794.77 $1,088,705.23 .00 $1,181,500.00  1,318,772.52 137,272.52 1,181,500.00  This amortization schedulei isp provided toy youy for) your convenience. The amortization may Include estimates based upon information provided by yow. Actual terms of credit offered by us may vary from this amortization: schedule. The ouistanding balance shown above willy vary from) your actual outstanding balance owed to the Bank  because ofthet tming ofp payments.  59    Date: 02/10/2016 Funding Date:  KSBANK, INC. Compounding: U.S. Rule  Page1  02/10/2016  Principal: Initial Interest Rate: 0.000% Pmt Amount:  1,181,500.00 3.000% 68,822.82 Equity Built $51,148.87  First Payment Date: 08/10/2016  Period:  Actual/365  Pmt Schedule: Semi-Annually Interest Rate:  Payment Payment Number Date Days 1 08/10/2016 182 2 02/10/2017 184 3 08/10/2017 181 4 02/10/2018 184 5 08/10/2018 181 6 02/10/2019 184 7 08/10/2019 181 8 02/10/2020 184 9 08/10/2020 182 10 02/10/2021 184 11 08/10/2021 181 12 02/10/2022 184 13 08/10/2022 181 14 02/10/2023 184 15 08/10/2023 181 16 02/10/2024 184 17 08/10/2024 182 18 02/10/2025 184 19 08/10/2025 181 20 02/10/2026 184 2026 Totals: Grand Totals:  Payment Amount $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.82 $68,822.92 1,376,456.50  Interest Principal Outstanding Amount Reduction Balance  17,673.95 17,094.63 16,046.36 15,514.17 14,468.17 13,885.95 12,842.27 12,208.51 11,228.92 10,481.31 9,442.49 8,700.97 7,664.69 6,866.82 5,833.15 4,977.23 3,968.07 3,030.85 2,002.67 1,025.32 194,956.50 1,181,500.00  51,148.87 1,130,351.13 51,728.19 1,078,622.94 $102,877.06 52,776.46 ,025,846.48 $155,653.52 53,308.65 54,354.65 54,936.87 55,980.55 56,614.31 57,593.90 58,341.51 59,380.33 60,121.85 61,158.13 61,956.00 62,989.67 64,854.75 65,791.97 66,820.15 67,797.60  972,537.83 $208,962.17 918,183.18 $263,316.82 863,246.31 $318,253.69 807,265.76 $374,234.24 750,651.45 $430,848.55 693,057.55 $488,442.45 634,716.04 $546,783.96 575,335.71 $606,164.29 515,213.86 $666,286.14 454,055.73 $727,444.27 392,099.73 $789,400.27 329,110.06 $852,389.94 200,409.72 $981,090.28 134,617.75 $1,046,882.25 67,797.60 $1,113,702.40 .00 $1,181,500.00  63,845.59 265,264.47 $916,235.53  1,376,456.50 194,956.50 1,181,500.00  This amortization: schedulel is providedt toj you! for) your convenlence. The amortization may includee estimates based upon information provided byJ yow. Actual terms of credit ofered by us mayy vary from this amortization: schedule. The ouistanding balances shown abover will varyfrom) your actual outstanding balance owed to thel Bank  because ofthen dming ofpayments.  60    KS BANK, INC. SMITHFIELD, NC 27577  1031 N. BRIGHTLEAF BLVD, PO BOX 661  February 10, 2016 RE: QUICK QUOTE Dear TOWN OF SMFLD,  KSI BANK, INC. welcomes your interest in our new QUICK QUOTE information service. This QUICK QUOTE instantly provides to yout the complete financial terms of thel loany you! have described. We hope this information helps  you evaluate your own credit options.  Your QUICK QUOTE* is based upon the following estimate:  FUNDING DATE February 10, 2016 PROCEEDS $1,181,500.00 INTERESTRATE 3.000% REPAYMENTSCHEDULE  FIRST PAYMENT DUE August 10, 2016  MATURITY DATE February 10, 2026 EST. INSURANCE $0.00 FINANCE CHARGE $194,956.50  EST. NON-APR FEES $0.00 APR 3.002%  EST.APR FEES $0.00 Period Convention Actual Day/365  19 $68,822.82 Semi-Annually payments beginning on August 10,2 2016 $68,822.92 Due on or before February 10,2026  KSI BANK, INC. appreciates the opportunity to provide to you a personalized QUICK QUOTE based upony your credit information, We encourage yout tos submit a credit application to usi in relation to your QUICK QUOTE ifyou desire. We also encourage yout tos submit a credit application to us whenever the need arises in thei future. Ifyou! have any questions concerning ther many loan products availablet through. KSI BANK, INC., please contact me at your  convenience. Sincerely, KS) BANK,INC. (919)938-3101  Your QUICK QUOTEI includes estimates based uponi information provided by you. Wel have estimatedt thel Interest Rate, Related) Fees and Finance Charges basedi upont the general type ofl loany you described. Actualt terms ofc credit offered by us may vary from thet termsy you described. We! have not made ac credit decision conceming: your QUICK QUOTE. Ifyou wish ust to dos so, your need onlys submita a credit application tou us at  your convenience.  61    62    Consent Agenda Items    The Smithfield Town Council met in special session on Tuesday, January 26, 2016 at 6:00 p.m. in the Council  Chambers oft the Smithfield Town Hall. Mayor M. Andy Moore presided.  Councilmen! Present: J. Perry Harris, District2 Travis Scott, District3 John A. Dunn, At-Large Stephen Rabil, At-Large  Councilmen, Absent Emery D. Ashley, Mayor Pro-Tem Marlon Lee, District1 Roger A. Wood, District4 4  Administrative Staff Present Jim Freeman, Interim Town Manager Pete Connet, Interim Public Utilities Director Greg Siler, Finance Director Shannan Williams, Town Clerk  CALL TOORDER  Mayor Moore called the meeting to order at approximately 6:00 pm.  II. APROVAL OF AGENDA  Councilman Harris made a motion, seconded by Councilman Scott, to approve the agenda as  submitted. Unanimously: approved. III. CALLED SESSION AGENDAITEMS  1. Load Management and Electric Rate Reduction Efforts  Staff from ElectriCities made a presentation to the Council on the benefits of load The Council discussed load management systems, coincidental peak rates, assistance for  management.  industrial customer, AMI systems,  The entire presentation is on file in the Office oft the Town Clerk. File by reterence and made a part of these official minutes: ElectriCities Presentation: Smithfield Load Management Workshop 01.26.2016  2. Briefly  LGC Meeting - February 2"d  Interim Town Manager Jim Freeman informed the Council that he and Finance Director Greg Siler will be attending the LGC meeting on February 2" concerning the  proposed financing of several water/sewer fund projects.  ii. Downtown State Grant  Interim Town Manager Jim Freeman informed the Council that staff had solicited input from the Downtown Smithfield Development Corporation and the Appearance Commission on ideas for the Downtown Revitalization Grant. Those ideas will be  submitted to the Council for approval at the February 2"d meeting  IV. CLOSED SESSION = Pursuant to NCGS 143-318.11 (a) (5): To establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms ofa contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (i) the amount of compensation and other material terms of an employment contracto or proposed employment contract.  63    Councilman Harris made a motion, seconded by Councilman Dunn, to go into Closed Session pursuant to the above referenced statute to discuss the potential acquisition of real property.  Unanimously approved at 7:31 pm.  V. REÇONVENE IN OPEN SESSION  Councilman Harris made a motion, seconded by Councilman Rabil, to reconvene in open session. Unanimously approved. Open session reconvened at approximately 8:08 pm.  VI. ADJOURN  There being no further business, Councilman Harris made a motion, seconded by Councilman Rabil, toa adjourn. Unanimously approved. The meeting adjourned at approximately 8:09 pm  M.Andy Moore, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  64    The Smithfield Town Council met in regular session on Tuesday, February 2, 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 Councilman Scott followed by the Pledge of Allegiance.  APPROVAL OF AGENDA:  Councilman Lee asked that Consent Agenda Item # 6: Consideration and Approval of an agreement with BB&T in the amount of $25,000 to purchase the Family Life Center. Be removed from the Councilman Scott made a motion, seconded by Councilman Wood, to approve the agenda with the  Consent Agenda and added to the Business items. requested amendment by Councilman Lee.  Unanimously approved.  PRESENTATIONS:  1. Administering Oath of Office to new Police Officer - Tyler Hayes  Mayor Moore administered the Oath of Office to new Police Officer Tyler Hayes and welcomed him to 2. Information concerning the proposed buffer and fencing between the Pine Acres  the Town of Smithfield.  Subdivision and the Smithfield Crossings Roadway  Planning Director Paul Embler provided the Council with additional information on the buffer and fencing between the Pine Acres Subdivision and the Smithfield Crossings Roadway Project. Mr. Embler explained that at the January 5"h meeting, the Planning Department was asked to provide background information as to Mr. Tony Nixon's expressed fencing and buffer concerns. In particular, Mr. Nixon questioned the Town's length of time taken and adequateness of the buffer to address this matter. As part oft the Crossings Project, the rear lots fronting Dogwood and the property boundary of Pine Acres that lies behind the Speedway Gas Station and the Waffle House is tol have constructed a 6f foot high chain-link fence with two strands of barbed wire. Additionally, al landscape plant buffer that forms a solid hedge within two to three years is included. 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 vegetation sO that the fencing and landscaping can be Mr. Embler continued by stating that in reference to Mr. Nixon's inquiry about the possibility of a brick "sound wall" being constructed. The Noise Study prepared by Ramey Kemp and Associates investigated the effectiveness of a "sound wall" and a revealed potential cost range of $500,000 to $2  installed.  65    million. Basically, there was no justification of a sound wall based on the noise generated by traffic using the Crossings roadways. The noise generated by I-95 and the railroad are the controlling Considerable discussion was given to the 501 foot buffer adjacent to Pine Acres. The 501 foot buffer on the land owned by Lee McLamb was required by the Council as part of a rezoning, but no subdivision has been recorded therefore there has been no conveyance or recording of the buffer. There is another 50 foot buffer between the Etheridge Property and Pine Acres which will be conveyed and recorded when such time as the owner records a subdivision plat. The alignment of the road constructed as part of the Crossings Project makes provision for the future 50 foot buffer. The Town has a construction easement from the owner of the Etheridge property to construct the chain-link fence and install the landscape. Mr. Embler provided the following possible alternative solutions for  factors.  the buffer between Pine Acres and the Crossings project:  continue with the present proposal of chain-link fence and landscaping  dense multi rowl landscape buffer earthen berm combination ofe earthen berm and landscaping combination of fence, earthen berm and landscaping solid wood fence concrete block wall brick wall  sound wall(metal, concrete or brick)  Mayor Pro-Tem Ashley questioned why the Town decided to incur the expense of the buffer and did not require the developer to do the landscaping and the buffer. Mr. Embler responded that the Town chose to facilitate the landscaping because the developer hasn't submitted a development plan and Mayor Pro-Tem Ashley stated that the roadway is elevated. He questioned if staff had done anything to see where the fence will be located. Mr. Embler responded that the only permission from the property owner for the fence and the buffer is for it to be constructed on the property line. Mr. Ashley stated that if the fence was to be constructed on the property line and due to the elevation of the Mayor Pro-Tem. Ashley stated he would like to have a small committee formed with several members of Council, several property owners and staff that would investigate every possible alternative and Councilman Harris questioned what the plan to compiete this project was. Mr. Embler responded that the property owner has given the Town permission to put landscape material and a chain link fence on his property. If the Town chose to change what has been proposed, staff would need to meet with the Councilman Scott stated that the chain-link fence with barbwire seemed excessive around a neighborhood. Mr. Embler responded that installation of the barbwire atop the fencing was at the Councilman Lee stated that he was appalled at the recommendation ofat 6 foot chain-link fence going around a neighborhood. These residents deserve more than a 6 foot chain-link fence. Councilman Wood apologized to the residents of the neighborhood. It was his opinion that a chain-link fence was unacceptable and the residents deserved more. Councilman Wood stated that he had spoken with Public Works Director Lenny Branch. Mr. Branch informed the Council that several Mayor Moore stated that although this has been going on for a long time, the project has not been entirely completed. The road still had not been turned over to the Town by NCDOT. It was his recommendation that the committee be formed as recommended by Mayor Pro-Tem. Ashley.  therefore is not required to construct the buffer at this time.  roadway, the fencing could essentially be ineffective.  cost to the buffer.  property owner to obtain permission for any changes.  request of the neighborhood.  different options such as al berm and interlocking wall were also options.  66    Councilman Harris insisted that staff meet with every land owner that has property that backs up to Mayor Moore appointed Mayor Pro-Tem Ashley to serve as the Chairman of the Committee to investigate all possible solutions as a buffer between the Pine Acres Subdivision and the Smithfield Crossings Roadway. Councilman Harris volunteered to serve on this committee. Residents Tony Nixon and Rodney Byrd also volunteered to serve on this committee. The Town's contracted Engineer, Bill Dreitzler, and Planning Director Paul Embler will also assist the committee.  this area so that they can offer their input on the proposed buffer.  PUBLIC HEARINGS:  Town Clerk Shannan' Williams affirmed those that wished to offer testimony during the Public Hearing. 1. Conditional Use Permit Request by Caliber Development, Inc.: (CUP-15-06)  Councilman Scott made a motion, seconded by Councilman Wood, to open the Public Planning Director Paul Embler addressed the Council on a request by Caliber Development, Inc. Mr. Embler stated that the applicant was 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 has incorporated his entire record and provided it to Council in written The Planning Board, at its January 7, 2016 meeting, unanimously voted to recommend approval oft the request for a conditional use permit to allow for an 80 foot high utility pole with antenna on property Planning staff recommends approval of a Conditional Use Permit request to allow for the construction of an 801 foot utility pole with antenna on property located with a B-3 (Business) zoning district. Mayor Moore asked if there were any commentslquestions from those that had been duly affirmed to Mickey Lamm, 2191 Benson Road Clayton, was the applicant who represents Caliber Development and' WTSB. He explained this is a receiving antenna and is not at transmitting antenna. He explained  Hearing. Unanimously approved.  form in the February 2, 2016 agenda packet.  located on within al B-3 (Business) zoning district.  offer testimony  height is needed on the antenna to be able to receive remote broadcasts. Mayor Moore asked ift there were any questions from Council. There were none.  Councilman Harris made a motion, seconded by Councilman Lee, to close the Public Hearing.  Unanimously approved.  The Written Finding ofFacts  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.  Mayor Pro-Tem Ashley made a motion, seçonded 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 ori is  approved with the following stated conditions.  67    The proposed request for conditional use will not endanger the public health, safety, or general welfare for 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 danger to any other structure ifitwere tof fall.  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 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  following additional stated conditions.  equipment. Acontractor willl bel hired to place the pole on the property.  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 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 of interest on  conditions.  adjoining properties Finding Four of Four: Approved  Based on the evidence and testimony presented iti 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. Property is currently vacant and zoned B-3 (Business). The proposed use will be inl harmony withexisting businesses such as an auto repair business, a warehouse, a car dealership and a cleaning business. Closest residential structure has existing tree cover and therei is  approximately 400 feet between the properties.  Record of Decision: Approval of Conditional Use Permit Application # CUP-15-06  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 reçommend approval of Conditional Use Permit Application # CUP-15-06. Unanimously  approved.  68    CITIZENS' COMMENTS:  Keith Branch explained to the Council that he was a candidate for the Johnston County Board of Commissioners. He pledged his support to the Town of Smithfield should he become elected to the Tony Nixon of 8 Cedar Drive asked the Council to consider revitalization of homes throughout the area and consider block grants. He further expressed his concems for the turn-over rate at the Police Department and stated that the Council should support the Police Chief and the effort to retain experienced employees is encouraged. He aiso stated that the Diversity Taskforce is still concerned Rodney Byrd of 328 Dogwood Street stated that he lives on the street affected by the Smithfield Crossings Roadway. He explained that sound is a major concern on Dogwood street as well as keeping people off his property and keeping people from seeing in his back yard. He stated that during the winter months, he virtually has no privacy. He expressed his appreciation to the Council for  Board of Commissioners  about diversity throughout the Town government.  trying to remedy the problem.  CONSENT AGENDA:  Councilman Harris made a motion, seconded by Councilman Rabil, to approve the following items as  listed on the Consent Agenda: 1. Approved the following Minutes:  January 5, 2016- Regular Meeting January 5, 2016- - Closed Session January 14, 2016 - Special Meeting January 14, 2016 - Closed Session  2. Approved not to require a performance bond in the amount of $3300.00 as it related to the purchase of the Firetruck that was approved at the January Meeting. The performance bond was  unnecessary since the Town was not paying in advance for the truck. 3. Approved the below FY: 2015-2016 Budget Amendments  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  ADJ. $  AFTER $  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 10-5600-0200 PW Streets Salaries 10-5650-0200 PW Garage - Salaries 10-5800-0200 PW Sanitation Salaries 10-6200-0200 Recreation - Salaries 10-6200-0210 Recreation Part 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 PT Instructors - Salaries 10-9990-5300 General Fund Contingency  1,348 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  68,772 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  69    (106,931) $  $5.239.194  (0)  5,239.194  To Adj Salary lines for merit increase. Merit increases were combined with contingency budget  2. Expenditures  30-7200-0200 Water Plant- - Salaries 30-7220-0200 Water/Sewer- - Salaries 09906300Watersewer Fund Contingency  $ 321,760 # $ 432,426 198,409 952,595  6,435 8,649 (15,084) d$ (0)  $ 328,195 441,075 183.325 952.595  To Adj Salary lines for merit increase. Merit increases were combined with contingency budget  3. Expenditures  31-7230-0200 Electric - Salaries 31-7230-0500 Electric - FICA 31-9990-5300 Electric Fund Contingency  $ 833,645 # $ 16,673 65,534 # 636.846 $1 1,536.025  $ 850,318 66,962 618,745 $ 1,536.025  1,428 (18,101) $ (0)  To Adj Salary lines for merit increase. Merit increases were combined with contingency budget  4. Approved Resolution # 575 (02-2016) Authorizing the disposition of certain surplus property and  auctioning oft that property by the electronic auction service of GovDeals.com.  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 WHEREAS, the Town Council oft the Town of Smithfield desires to utilize the auction services of a  property of the Town in accordance with NC GS 160A-270; and  public electronic auction service.  NOW, THEREFORE, BEIT RESOLVED by the Town Council that:  The following described property is hereby declared to be surplus to the needs of the Town:  Dept. Vin/Ser.# Police 261WS53481263868 Police 261WS653881288802 Police 261WS953X81285148  Description 2008 Chevrolet Impala 2008 Chevrolet Impala 2008 Chevrolet Impala 6'Bushhog 6'Bushhog 7% Flail Mower  PW PW PW  T-972-LT SHD88 Planning SG33B4203M  HP Design Jet 800 large format 42" Printer  The Interim Town Manager or his designee is authorized to receive, on behalf of the Town Council, bids via publice electronic auction for the purchase of the described property.  70    The public electronic auction will be held beginning no earlier than February 15, 2016. 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.govdeals.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 alli 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 they will be 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 The highest bid, if it complies with the terms of the sale, may be accepted by the Finance 5. Approval of Resolution # 576 (03-2016) Supporting the $2 Billion Bond Campaign for Education,  subject to resale.  website wwwsmintet-ne.cem  Director or his designee and the sale consummated.  Agriculture, Parks, Water & Sewer.  RESOLUTION #576 (03-2016) IN SUPPORT OF THE  $2 BILLION BOND CAMPAIGN FORI 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 oure 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 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 and WHEREAS, $100 million will go to 48 state parks and the NC Zoo to repair and renovate as wella as updating some park facilities to make them more accessible to children with disabilities 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 NOW THEREFORE BE IT RESOLVED, that the Ton of Smithfield supports the $2 Billion 6. Approved a Professional Service Agreement with Skip Greene and Associates, Inc. for the 7. Bid Award and contract approval to SOHN Inc. in the amount of $14,963.00 for renovations to the  construction and repair and renovation and  colleges will have new construction, repairs and renovations and  and' Veterans with disabilities and centralized facilities and  Connect NC Bond that invests in North Carolina's future. administration of the Building Reuse Grant for ARI, Inc.  Public' Works Building. 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 submit a bid 71    8. Advisory Board/ Committee. Appointments  Anita Liverman was reappointed to serve a second term on the Appearance Robert Worsham was reappointed to serve a third term on the Appearance Regina Sanders was reappointed to serve a fourth term on the Appearance PaulWorley was reappointed to serve at fifth term on the Board ofA Adjustments. Sandra O'Berry was reappointed to serve a second term on the Library Board of Daniel Sanders was reappointed to serve a third term on the Parks and  Commission. Commission. Commission. Trustees.  Recreation. Advisory Board.  9. Approved a salary increase from $11.00 an hour to $12.00 an hour for a part-time employee that serves as the Smithfield Recreation and Aquatics Center's Morning  Receptionist. 10. New Hire Report Position Water Plant Operator II Police Officerl PIT SRAC Staff PIT SRAC Staff Unanimously approved. BUSINESS ITEMS:  Department Police P&R-Aquatics P&R-Aquatics  Budget Line Rate of Pay 10-5100-0200 $16.033/hr ($35,851.92lyr) 10-6220-0210 $9.00/hr 10-6220-0210 $7.25/hr  PU-V Water Plant 30-7200-0200 $14.173/hr ($29,473.60lyr)  Water/Sewer Superintendent PU-Water/Sewer. 30-7220-0200 $24.038/hr ($50,000/yr)  1. Approval of Waterl Sewer Rate Study with the' Wooten Company  Interim Town Manager Jim Freeman gave the Council an update on the LGC's meeting that he, Mr. Connet and Mr. Siler attended earlier in the day. He explained that they were very pleased with the all the actions the Board has taken. Mr. Freeman explained that the Local Government Commission strongly recommends that the Town undertake a water/sewer study and consider said study's resulting rate schedule recommendation in its FY2016-2017 Budget. This was referenced in the Town's January 21st correspondence to the Local Government Commission. 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 the company is familiar with the Town and our Mayor Pro-Tem Ashley questioned if Mr. Dreitzler could conduct the rate study. Mr. Freeman responded that Mr. Dreitzler is only working on a trial basis at this time and although he can assist, he Councilman Scott questioned if the Town should wait until the new utlity director starts. Mr. Freeman responded that the new utility director will be involved, but he is unsure if Mr. Credle has ever been involved in a rate study. Mr. Freeman further stated that the LGC is keen to the idea of moving Mr. Connet and Mr. Freeman agreed that the Town should move forward with this study. The Wooten Company would provide the model to the Town enabling the Town to be able to utilize iti in the future. Councilman Scott made a motion seconded by Councilman Wood to award the water/sewer rate study to The Wooten Company at a maximum cost of $22,000. Unanimously approved.  capital project needs.  cannot take on that responsibility at this time.  forward with al third party to conduct the study.  72    2. Award of bid to GE Prolec for the purchase and installation of (1) 30-MVA LTC transformer as the second transformer at the Brogden Road Substation  Interim Public Utilities Director Pete Connet addressed the Council on a request to award the bid to GE Prolec for the purchase and installation of (1) 30-MVA LTC transformer as the second transformer at the Brogden Road Substation. Mr. Connet explained 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 oft the Booker Dairy Road Extension. Itv will also provide us with the option to provide a dedicate circuit to any future industrial client at the Hill property on Brogden Road. Bids were opened at 2:00 p.m. on January 14, 2016. There were five bidders in all, with all bids coming in under the engineer's estimate for this phase oft the project. Base bids are as  follows:  GE Prolec WEG Waukesha Delta Star  $725,180.00 $818,000.00 $869,125.00 $1,011,441.00  ABB Kuhlman $1,007,510.00  A copy of the Bid results and the Engineers eterofrecommendation are on file in the office of the 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  Town Clerk  March 1, 2016 when all the contracts are signed.  Councilman Scott made a motion, seconded by Councilman Wood to award bid for 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, to GE Prolec in the  amount of $725,180.00. Unanimously approved.  3. Update on the Unified Development Ordinance  Planning Director Paul Embler addressed the Council on a request to secure the services of a planning consultant to assist in preparing a major revision to the Unified Development Ordinance (UDO). Mr. Embler explained that in 2015, the Planning Department staff working with the Planning Board at their regular monthly meetings, by extending the meeting time, began a functionality review of the UDO. 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. Mr. Embler further explained 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 made the Town's UDO outdated and in some cases unenforceable. In addition there are sections of the UDO that need to be revised to accommodate the additional exterritorial zoning jurisdiction (ETJ) released by. Johnston County to the Town of Smithfield. The changes required by new legislation and court rulings require the amendments to be prepared by an individual or company who has knowledge of the legal and regulatory environment Staff working with the Town Attorney could research the laws and court rulings, but this activity would take months. By hiring a consultant who already has this knowledge and can quickly incorporate the information into the UDO, which will speed up the process tremendously. To assist the Council, planning staff has solicited a proposal from HCP, Inc. HCP assisted Smithfield in the past to develop its present UDO and also 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 will represent a significant monetary and time savings to the Town. Normally a consultant's fee for preparing a UDO would be somewhere in 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 HCP is significantly less, at  $55,000.00 with the UDO revision being completed in less than a year.  73    Staff proposes that the $55,000.00 fee be funded 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.  Councilman Harris made a motion, seconded by Mayor Pro-Tem Ashley, to approve the contract proposal with Holland Consulting Planners for the preparation of a major  revision to the UDO. Unanimously approved.  4. Downtown Revitalization State Grant Application Funds  Interim Town Manager Jim Freeman addressed the Council on a request to consider a downtown project activity for submission int the State's $96,107 grant application and grant agreement. Mr. Freeman explained that 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. The Downtown Smithfield Development Corporation and the  Appearance Commission submitted the following projects:  1st DSDC Priority - WayFinding System, including monumental gateways 2nd DSDC Development Corp. Priority = Urban Design Firm Development Plans 3rd DSDC Development Corp. Priority - Appearance Enhancement, architectural lighting DSDC Development Corp. Alternates - Bingham House Purchase & Downtown Wi-Fil Network Appearance Committee - Parking Lot Improvements: Town Hall, Welis Fargo Area Library Councilman Harris made a motion, seconded by Councilman Scott, to table this item until the 5. Consideration and Approval of an agreement with BB&T in the amount of $25,000 to  along thel Market and Third corridors.  Appearance Committee - Market Street Scape Lighting  Area  March meeting. Unanimously approved. purchase the Family Life Center.  Councilman Lee asked for clarification on this matter. Town Attorney Bob Spence responded that former Mayor John Lampe had discussions with BB&T concerning the Family Life Center. BB&T currently has the note on the building and it is in default. The Family Life Center would now like to convey whatever interest they have on the building. The bank would like to sell its note. Mr. Spence explained that the Council is being asked is ifit is interested in purchasing the building on land currently owned by the Town at a liquidation price of $25,000 since over $60,000 is owed on the Mayor Pro-Tem Ashley stated that the Town should consider purchasing the property but only ifit can be obtained without entering into a lawsuit with the family that currently is involved with the building and only if the Town can obtain a clear title. Mr. Spence responded that the attorney for the Family Mayor Pro-Tem Ashley stated that he did not have any issues with purchasing the building from BB&T for $25,000, but only ifi itcould be purchased with a clear title. Mr. Spence stated that he was unsure if ac clear title could be obtained. He would have to further investigate the matter. Mr. Spence further stated that BB&T has offered to release their interest for $25,000 and the Town would have to handle the title issue. The attorney for the Family Life Center has discussed with Mr. Spence that any title issues can be resolved. Mr. Spence stated for the record that only former Mayor John Lampe Mayor Moore stated that this matter was discussed during the last advertised closed session in which several members of the Council were not present. It was the consensus of the members present to  building.  Life Center has assured him that the family is willing to cooperate.  conducted these negotiations.  move forward with purchasing the building.  74    Councilman Scott stated that former Mayor John Lampe did a lot of work on trying to secure this building at a price the Town could afford. He further stated that it was the consensus of the Council in attendance during the Closed Session that the purchase of the building was for the betterment of the Mayor Pro-Tem Ashley made a motion, seconded by Councilman Scott, to approve the purchase oft the Family Life Center building from BB&T in the amount of $25,000 ift the following criteria can  community and the property that is currently owned by the Town.  be met:  a. Iftitle can be obtained  b. If, existing lease can be released and Town can obtain a good title meaning no The $25,000 is only paid if it can be guaranteed and the transaction can happen  encumbrances, no liens, no nothing  simultaneously. Unanimously approved.  Councilmembers Comments:  Mayor Moore expressed his appreciation to the Interim Public Utilities Director Pete Connet and his  staff. He stated that they did an outstanding job during the recent ice storm.  Town Manager's Report:  Department Reports  Ahighlight of each department's monthly activities was given to the Council.  Closed Session: Pursuant to NCGS 143-318.11 (a) (6)  Mayor Pro-Tem. Ashley made a motion, seconded by Councilman Harris, to go into closed session pursuant to NCGS 143-318.11 (a) (6) to discuss Town Manager applications. Unanimously approved at 9:03 pm.  Reconvene in Open Session: Unanimously. approved at 9:52pm.  Mayor Pro-Tem Ashley made a motion, seconded by Councilman Wood, to reconvene in open session.  Adjourn  There being no further business, Mayor Pro-Tem Ashley made a motion, seconded by Councilman Harris to  adjourn the meeting. Unanimously approved. The meeting adjourned at approximately 9:53 pm.  M.Andy Moore, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  75    76    Town of Smithfield Town Council Action Form  Item: Police Car Purchase Date of Meeting: March 01, 2016 Staff Work By: Chief Michael L. Scott  Date Prepared: February 15, 2016  Presentation: Presentation:  Consent Agenda  The police department was budgeted $84,000 for the purchase and preparation of three (3) squad cars. The police department solicited quotes from Deacon Jones Dodge of Smithfield and the successful state bidder, Ilderton Dodge of Wilmington. Both organizations submitted bids. The two quotes are as follows (Copies of bid sheets are  attached.):  Ilderton Dodge DeaconJ Jones Dodge  $25,903 (1) vehicle (State Contract Dealership)  $24,200 (1) vehicle  Action Requested:  It is requested the Town Council approve the low quote from Deacon Jones in Smithfield and approve the purchase of three (3) squad cars for the police department. The recommended quote is within the budgeted amount for this purchase.  77    E  / /  78    79    80    >  81    82    83    8  84    6  85    86    87    88    SMITHFIEL  NORTH CAROLINA  Town of Smithfield Town Council Action Form  Item Title: Purchase of a 2016 Ford F550 Dump Truck March 1, 2016 Date Prepared: February 22, 2016 Staff Work By: Lenny Branch, Public Works Director,  Date of Meeting:  Presentation By: Lenny Branch Presentation Description:  Int this year's(FY 15-16) budget, thel Public Works Street Division was approved $90,0001 to purchase ar new dump truck. The new dump will be utilized for projects such as snow removal, street repairs, drainage and concrete hauling. All spec sheets included the 8ft snow plow attachment to add more versatility to the equipment. Bids were solicited from the following  vendors:  Deacon Jones Inc. Goldsboro Deacon Jones Inc. Smithfield Classic Ford Smithfield  $63,268.90 $65,493.00 $67,051.00  Action Requested: Council is requested to award the purchase oft the dump truck to the lowest bidder (Deacon Jones Inc. Goldsboro): in the amount of $65,268.90 which includes the $2,000 tax  and tag fee.  89    # HRCOLN  leagonlones  "We great people the way we would like to be treated" 10141 Eleventh Street . Goldsboro, NC27534. Phone: (919)/736-3387  BID TO; Town Of Smithfield Attn: Russell Renfrow  FROM: Jeff Hill, Deacon Jones Ford/Lincolh  Bid for 2016 F.Serles SD  F550 4X4 CHAS/C; SUPERCAB; 186 WHEELBASE; OXFORD WHITE; VNYL 40/20/40; STEEL; XL TRIM; AIR CONDITIONER; AM/FM ISTERIÇLK; 6.7D DIESEL; 6- SPEED. AUTO; .225 BSW AS 19.6; 4.10LTD SLIP; 18000# GWWRPKG; TRANSPTO PROV; XTR HVY DTY ALT; BRAKE CONTROLLER; KNAPHEIDE PVMXS-123C SMOOTH STEEL PLATFORM VENCO 9 TON HOIST ELECTRICAYDRAULIC) RECIEVER HITCH 7-PIN TRAILER PLUG; BULKHEAD, 92'X40", HEAVYDUTYWELD ON, RECT, PUNCHWINDOW 18 24.25 WIDE, IT IS NOT CABI WIDTH; 40" FABRICATED SOLID SIDES FORD 12' BODY; FABRICATED SWING OUT REARS FOR FABRICATED SIDES LARGER THAN 14"; WESTERN PRO PLUS8'6" SNOW  PLOWHAND HELD CONTROL.  BID PRICE: $63,268.90 WI MANUAL TARPI $83,484.90 WI ELECTRICT TARP 4.10 LIMITED SLIP AXLE INCLUDED  COST: $326.00  "NOTAX OR TAG FEES INCLUDED  JeffHill Office: 919-736-3387 Cell: 919-222-0090  90    Prepared By: administrator Lane Miller, Fleet Account Mgr Deacon Jones Auto Group Smithfield, NC 27577 Phone: (919)625-1527 Email: mler@.eaconmal.com  2016 Fleet/Non-Retail Ram 5500 4WD Crew Cab 197" WB 84" CA Tradesm  SELECTED MODEL & OPTIONS  SELECTED MODEL-2016 Fleet/Non-Retall DPOL94 4WD Crew Cab 197" WB 84" CA Tradesman  Code DPOL94  Description CATradesman Description Interior: Diesel Gray/Black Exterior 1: Bright White Clearcoat Exterior 2: No color has been selected.  2016 Ram 5500 4WD Crew Cab 197" WB 84"  SELECTED VEHICLE COLORS. 2016 Fleet/Non-Retail DPOL94 4WD Crew Cab 197" WB 84" CA Tradesman  Code  SELECTED OPTIONS -2 2016 Fleet/Non-Retail DPOL94 4WD Crew Cab 197" WB 84" CA Tradesman  CATEGORY ENGINE  Code Description  ETK ENGINE: 6.7L 16 CUMMINS TURBO DIESEL -inc: Cummins Turbo Diesel Badge, Electronically Controlled' Throttle, 87 mph Maximum Speed, Current Generation Engine Controller, GVWR: 19,500 Ibs, Diesel Exhaust Brake, Selective Catalytic Reduction (Urea), RAM Active Air Fleet Build DF2 TRANSMISSION: 6-SPD AUTO AISIN AS69RC HD -inc: GWWR: 19,500 Ibs, Storage Tray, Front Armrest w/Cupholders, Tip Start (Requires ETK) 29A QUICK ORDER PACKAGE: 29A TRADESMAN -inc: Engine:6 6.7L16 Cummins Turbo Diesel, Transmission: 6-Spd Auto Aisin AS69RC HD, Front Amrest w/Cupholders, Base Door Trim Panel" "Upon selection oft this pkg, the cost of powertrain components willl be added" (Requires DF2 and  Out Date of 12/21/2015. (Requires 29A)  TRANSMISSION CPOSPKG  ETK)  Report content is based on current data version referenced. Any pertormance-related calculations are offered solely as  guidelines. Actual unit performançe will depend on your operating conditions.  GM AutoBook, Data Version: 425.0, Data updated 2/9/2016 OCopyright 1986-2012 Chrome Data Solutions, LP. All rights reserved.  Customer File:  February 12, 2016 10:42:35 AM  91    Prepared By: administrator Lane Miller, Fleet Account Mgr Deacon Jones Auto Group Smithfield, NC 27577 Phone: (919)625-1527 Email: mler@deaconnal.com  2016 Fleet/Non-Retai. Ram 5500 4WD Crew Cab 197" WB 84" CA Tradesm  SELECTED MODEL & OPTIONS  SELECTED OPTIONS. -2016 Fleet/Non-Retail DPOL94 4WD Crew Cab 197" WB 84" CA Tradesman  CATEGORY Code Description AXLERATIO WHEELS TIRES PRIMARY PAINT PAINT SCHEME SEATTYPE GVWR  DMK 4.44 REAR AXLE RATIO (STD) WP3 WHEELS: 19.5"X6.0" STEEL (STD) TUV TIRES: 225/70R19.5G ALL POSITION (STD) PW7 BRIGHT WHITE CLEARCOAT STANDARD PAINT  TXX8 DIESEL GRAY/BLACK, HD' VINYL 40/20/40 SPLIT BENCH SEAT ZOC GVWR: 19,500 LBS (With the selection of DF3, requires AH5) (With the AMP CHROME APPEARANCE GROUP -inc: Bright Grille, Bright Front Bumper AH2 AMBULANCE PREP GROUP -inc: 220 Amp Alternator, Upfitter Electronic Module (VSIM), Voltage Monitoring Auto Idle Up Sys Ifstationary engine LBN POWER TAKE OFF PREP. -inc: Hard Wired Remote Start w29A,2EA-inc: Split Shaft Capability Power Take Off (Requires XXS) (With the selection  selection of ESB, requires AH5)  ADDITIONAL EQUIPMENT  idle upi is required, order LBN. OfCKE, requires 2EA) DK3 ELECTRIC SHIFT-ON-THE-FLY TRANSFER CASE BAJ 220 AMP ALTERNATOR XHC TRAILER BRAKE CONTROL XEF TRANSFER CASE SKIDI PLATE SHIELD TBB FULL SIZE SPARE TIRE -inc: 19.5" Steel Spare Wheel MRT CHROME TUBULAR SIDE STEPS  Report content is based on current data version referenced. Any performance-related calculations are offered solely as  guidelines. Actual unit performance will depend on your operating conditions.  GM AutoBook, Data Version: 425.0, Data updated: 2/9/2016 OCopyright 1986-2012 Chrome Data Solutions, LP. All rights reserved,  Customer File:  February 12, 2016 10:42:35 AM  92    Prepared By: administrator Lane Miller, Fleet Account Mgr Deacon. Jones Auto Group Smithfield, NC 27577 Phone: (919)625-1527 Email: mler@oeacorma.com  2016 Fleet/Non-Retail Ram 5500 4WD Crew Cab 197" WB 84" CA Tradesm  SELECTED MODEL & OPTIONS  SELECTED OPTIONS-2016 Fleet/Non-Retail DPOL94 4WD Crew Cab 197" WB 84" CA Tradesman  CATEGORY Code Description ADDITIONAL EQUIPMENT GXM REMOTE KEYLESS ENTRY XXS UPFITTER ELECTRONIC MODULE (VSIM) XF6 VOLTAGE MONITORING AUTO IDLE UP SYS  OPTIONS TOTAL  Report contenti is based on current datay version referenced. Any parforance-reiated caiculations are offered solely as  guidelines. Actual unit performance willo depend on! your operating conditions,  GM AutoBook, Data Version: 425.0, Data updated 2/9/2016 OCopyright 1986-2012 Chrome Data Solutions, LP. Allrights reserved.  Customer File:  February 12, 2016 10:42:35 AM  93    Prepared By: administrator Lane Miller, Fleet Account Mgr Deacon Jones Auto Group Smithfield, NC 27577 Phone: (919)625-1527 Email: mler@ueaconmal.cm  2016 Fleet/Non-Retail Ram 5500 4WD Crew Cab 197" WB 84" CA Tradesm  QUOTE WORKSHEET  QUOTE WORKSHEET-2016 Fleet/Non-Retail DPOL94 4WD Crew Cab 197" WB8 84" CA Tradesman  MSRP  $44,495.00 $1,195.00 $11,625.00 $0.00 ($8,237.00) $10,090.00 $1,325.00 $5,000.00 $65,493.00 $65,493.00  Destination Charge Optional Equipment Dealer Advertising Customer Discount 12' DUMP, 42" SIDES TAILGATE CORNER STROBE LIGHTS& ROOF STROBE SNOW/PLOW. ASSEMBLY MEDIUM GRADE  Taxable Price TOTAL  Customer Signature I Date  Dealer Signature / Date  Report content is based on current data version referenced. Any performance-related calculations are offered solely as  guidelines. Actual unit performance will depend on your operating conditions.  GM AutoBook, Data' Version: 425.0, Data updated 2/9/2016 OCopyright 1986-2012 Chrome Data Solutions, LP. All rights reserved.  Customer File:  February 12, 2016 10:42:35 AM  94    WebConnect  Page 10 of1  CNGP530 =>  VEHICLE ORDER CONFIRMATION 2016 F-SERIES SD  02/19/16 13:34:11 Dealer: F21614 Page: 1 of 1  Order No: 0001 Priority: D2 Ord FIN: QK776 Order Ord PEP: 660A Cust/Flt Name: TOWN OF SMITH  Type: 5B Price Level: 640  PO Number:  RETAIL DLR INV  X5H F550 4X4 S/C CC $43645 $40480.00 425 50 STATE EMISS RETAIL NC DLR INV  186" WHEELBASE Z1 OXFORD WHITE A VNYL 40/20/40 S STEEL 660A PREF EQUIP PKG .XL TRIM 572 .AIR CONDITIONER NC .AM/EM STER/CLK 99T 6.7L V8 DIESEL 8130 7338.00 44W 6-SPEED AUTO TFB .225 BSW AS 19.5 X41 4,10 REG AXLE LESS TPMS 18000# GVWR PKG Fl-Help F4-Submit $099 - PRESS F4 TO SUBMIT Emcdealr84DV/N22 Feb 19, 2016 1:36:39 PM  NC NC NC NC (656,00) 25.10 49051.10  52B BRAKE CONTROLLR 270 244.00  62R TRANS PTO PROV 63B CLN IDLE DECAL 652 AFT AXLE TANK 67D XTR HVY DTY ALT SP FLT ACCT CR FUEL CHARGE  280 253.00 NC NC NC  NC  DEST AND DELIV 1195 1195.00 TOTAL BASE AND OPTIONS 53710 49051.10 *THIS IS NOT AN INVOICE*  190 172.00 TOTAL  53710  NC  NC  F2-Return to Order F5-Add to Library  F3/F12-Veh Ord Menu  QC04452  95    -  INVOICENO.. DEALNO., STOCKNO. PURCNMSER ADDRESS ATERWYORDERFOR 2016 MAE NW DEMO BoD OPTIONS:  RETAZBUYERS ORDER ANDIVOCE  LASSIC  1698 Booker DalyRoad Smithliek, NGI 25774844 Phonen 918.934.6500 Faxr number 018.834.2824 2/18/2016 DATE 27577 aPu IGW.KEY TRUNKKEV 67.05100  TOWNOF SMITHFIELD FORD  rye F5S0 PANT WHITE MOTORNO. SALESAN PRICE s Discaun! MlnlumPackage  0  TRADBIN  ABAARTOFC OURO CUSTOMER BALES SUPPORT, TSC DEALERSHP OHANN AINTANSR RELATIONBHEPS WITH LEADIGI MPEPURGUSTON INDERAT MAY COMPENEATE THE DEALERSKIPI FOR UMTTING THE VEKILELOAN MUADELT woc LG.NO. Model Payof AccNa. LC.NO, Medel Payett AcNa.  VBTOTAL HGMWAYU mMEFE Ingeananuyt ue TOTALDELYERED ABARPBNSED 0.00 0.00  67,051,00  Tradel nomalon Bownoe Payoffto: Pnone! No, StokN No,  YR DATEQUOTED 28016 QUOTEOSY  DATEQUOTED 2182016 QUOTEDBY youasune epenalbliy ahisles Devebislec ETAN, vour Order RALI ABLEyencvten  hainsunneed doesr natincdep pubiell Babilitya orproperty RaV ACE Bye FUNSRNLE Bgyers  AETEEANT BALIN NONTHSE  ABSTED PWAMCING we hava ASSSTEDI FIANGNO: nsta Ontuk 1Bysansolagss older,  odk ndng. udnetsrmar Mareofia ghatys hased nginthis sot  ENT os EDATEARITRATEL DASPVTES: aflsgtion!  Yous ande nd Purchaseru. RORDI LINÇOUNM MERGURKONO.  nol, Wia Order  BLERSS SGNATURE  DATE  96    SMTHFEI)  NORTH CAROLINA Town of Smithfield Town Council Action Form  Item Title: Bid Award for 2015-2 2016 Street Resurfacing Project Date of Meeting: March 1,2 2016 Date Prepared: February 22, 2016 Staff Work By: Lenny Branch, Public Works Director,  Connie Lassiter, Purchasing Agent  Presentation By: Lenny Branch Presentation Description:  The 2015-2016 Resurfacing project consists of sixteen (16) streets; the sixteen (16) streets are a total of approximately 1.5 miles of city streets that will receive a 1-1/2" overlay. Five (5)ofthe sixteen (16) streets will be milled down a 1-1/2" below the gutter line and then receive the 1-1/2" overlay. Bid packets were: sent out to nine (9) licensed contractors, three (3) out oft the nine (9)  contractors submitted bids for the project. The bids are as follows:  STWooten Construction Turner Asphalt PEdwards  $327,021.60 -$306,722.70 $255,325.80  The Powell Bill funds available for this year's project is $300,000.JPI Edwards was the lowest bidder at $255,325.80. Our contract gives us the flexibility to increase or decrease the various amounts of work by 25% with no change in unit price. With that being said ifo council approves to go with the lowest bid (JP Edwards $255,325.80) it willl leave a remainder of$44,674.20. If approved by council, staff would like to use the left over funds to dos some asphalt repair work in  thet town parking lot behind Wells Fargo.  Action Requested:  Council is requested to authorize two actions - (1). Award the bid to. JP Edwards for the amount of$255,325.80. (2) Grant staff permission to use the left over funds $44,674.201 to repair 156LF of curb and gutter ($5,000), full depth patch (FDP)276LF of damaged asphalt ($12,696), 1"1/2 overlay 3,250.3 SY of parking lot ($23,565.00): and restripe spaces in town parking lot behind  Wells Fargo. Total project cost on 2md, request $41,261.00  Total project cost $296,586.80.  97    2015-2016  Street Resurfacing Project  Street Listing  Segment  Street Name Johnston Lee 6'h 6"h Walnut 1st 4th Lee Rose Woodall Woodall 7th Hancock Furlong Edgecomb Roderick  From: S6" Street S5"Street Massey Street ED Davis Street WS Sanders Street ESanders Street EJohnston Street SThird Street SVermont Street S4hs Street S5" Street Caswell Street N5"Street Martin Luther King Dr Bradford Street WMarket Street  To: S7" Street S6"Street E. Johnston Street EL Lee Street WBingham Street WE Bingham Street EChurch Street S4" Street End of PVMT S5"Street S6" Street Hancock Street N6"Street Martin Luther King Dr Cul-De-Sac Dead End  1. E 2. E 3. s 4. S 5. 6. S 7 S 8. E 9. w 10. E 11. E 12. N 13. 14. 15. 16. N  ST ST ST ST DR ST ST ST ST ST ST ST ST DR CT DR  Contractor will be required to provide all traffic control devices and comply with Contactor is responsible for notifying 911 communications on all temporarily closed streets. Please provide location ofs street closing as well as estimated time Contactor will be required to address drainage issues within newly paved areas. Do not block the flow of water in intersection that requires water to fall from gutter line to gutter line. Hand work maybe required in certain areas. Contractor will be responsible for keeping construction areas clean. All scraped areas along roadway edges will need tol backfilled and raked down for positive All track-based equipment is required to be transported on trailers from site to site. Track equipment is not allowed on town-paved streets outside of construction Contractor will be required to assist citizens in and out of driveway areas that fall within construction zones. This may require but not limited to flaggers designated Streets highlighted in yellow will require milling 1"1/2 below gutter line. Dor not pave over the gutterareas. Taper edges at gutter line.  alll DOT standards in and around work zones. frame. Contact # 919-934-9411  drainage. areas.  ate each end ofintersections.  February - 2016  98    Town of Smithfield Town Council Action Form  Business Item: Consideration of approval of a Pole Attachment Agreement with Fiber Technologies  Network, L.L.C. and the Town of Smithfield. Date of Meeting: March 12 2016 Staff Work by: Pete Connet, Rodney. Johnson  Date prepared: February 11, 2016 Presentation: Pete Connet, Rodney Johnson  Item:  Several weeks ago Rodney Johnson and I were contacted by Ms. Judy Newkirk, Director of Access and Permitting for Lightower Fiber Networks (a national firm). Ms. Newkirk inquired about attaching to our power poles along US 301 N (Brightleaf Blvd.) and Market Street to 5th Street, for "small cell" locations. Rodney has talked to them about the technical issues of attaching to our poles, and his immediate questions have been answered. He and Ifeel that a Pole Attachment agreement, similar to the one we will be using with Time Warner, is the best type of agreement we can have for this type of arrangement. As you will see in the proposed agreement there are technical standards that must be met and fees to be paid for each location where they attach to one of our poles. According to Ms. Newkirk their customer is a large wireless carrier and Lightower will be upgrading their network to increase broadband capacity. So any customers that have wireless service with our client will have faster service when  Lightower's project is complete.  A draft agreement was sent to Ms. Newkirk and the language, with minor changes, was acceptable to them. The final version is what is before you tonight. A map of the proposed route is found at the end  oft the agreement. Action Requested:  Approve a motion authorizing the Interim Town Manager to sign the Pole Attachment Agreement with  FiberTechnologies Network, L.L.C., on behalf of the Town of Smithfield.  99    Pete Connet From: Sent: To: Ce: Subject: Attachments: Hi Rodney and Pete  Newkirk,. Judy NewAolgmowerzom, Tuesday, January 19, 201612:34PM Rodney Johnson Pete Connet  Proposed route map and small cell locations for Fiber Technologies Networks, L.LC. Smithfield, NC proposed fiber route and smali cell locations.pdf  Attached isap proposed route map for our fiberi installation in Smithfield. Asl Imentioned to Rodney, the yellow stari icons on the mapi indicate small cell locations proposed by our client. My understanding is that you may prefer separate pole Once you review this, Icanl have one of our project managers give youa a call to answer: any Pecicopertonquetions  settings versus antennas on existing poles and that certainly is an option.  you may have at this time.  Also, I'dI like to review your pole attachment agreement when it'sa available.  Thanks fory your help. Judy Judy Newkirk Director of Access and Permitting Lightower Fiber Networks +5 585-568-8485 [office] +5 585-233-4949 [mobile] +j newrkOlghower.om www.gntower.com lightower  100    POLEATTACHMENT AGREEMENT Fiber Technologies Networks, L.L.C. Town of Smithfield, North Carolina  BETWEEN  AND  March 2, 2016  101    Pole. Attachment Agreement Tableof Contents  ARTICLELSCOPE OF AGREEMENT 1.1 Service Area.. 1.2 Intentionally Omitted.. 1.3 Authorization. 1.4 Assignment. 1.5 Facility Removal.. 1.6 Authorizations Required.  1.7 Term..  ARTICLE. IL. PLACING, TRANSFERRING OR REARRANGING ATTACHMENTS.  2.1 Permit Application; Confidentiality. 2.2 Make-ready Survey.. 2.3 Grant or Denial of Access.. 2.4 Make-ready. 2.5 Multiple Applications. 2.6 Modifications and Cost Allocation. 2.7 Pole Maintenance. 2.8 Drop Poles Runs.  3 3  6  2.9 Continuous Licensor Operation..  2.10 Compliance with and Supplements to Safety Codes.. 2.11 Non-Interference with Licensor! Facilities.  /  ARTICLE II. INSPECTIONS.  3.1 Post-Installation and Safety Inspections.  102    3.2 Facilities Inventory. 3.3 Inventory Disparity. ATTACHMENTS. 4.1 Notice. 4.2 Pole Abandonment. 5.1 Rental Rate.. 5.2 Payment Due Date. 5.3 Payment of Other Amounts. ARTICLE VI.LIABILITY AND INSURANCE  ARTICLE IV. ABANDONMENT OF JOINT POLES AND REMOVAL OF  ARTICLE V.RENTAL AND PROCEDURE FOR PAYMENTS.  10 10 10  6.1 Indemnity and Allocation ofLiability. 6.2 Consequential Damages.. 6.3 Settlement. 6.4 Insurance Requirements. 6.5 Waiver ofRecovery  12  ARTICLE VII. TERMINATION, AND DEFAULTS  3 3 13 13 13 .13 .13 .14 14  7.1 Default..  7.2 Termination Effective Date.. 7.3 Opportunity to Cure.  ARTICLE VII. MSCELLANEOUS PROVISIONS. 8.1 Conduct oft the Parties.. 8.2 Survival.. 8.3 Waiver.. 8.4 Entire Agreement.  103    8.5 Notice.  8.6 Compliance with Laws and Regulations.  8.7 Applicable Law.. 8.8 Severability. 8.9 Force Majure. 8.10 Exhibits  15 15 5 17 18 .21 22  EXHIBIT. A APPLICATION AND PERMIT. EXHIBIT B POLE ATTACHMENT SPECIPICATIONS. Schedule A Town of Smithfield Pole. Attachment Rates.. Schedule B Town of Smithfield Fee Schedule.  104    POLEATTACHMENT AGREEMENT  THIS POLE ATTACHMENT AGREEMENT ("*Agreement"), effective as of the 2nd day of March, 2016 (the "Effective Date") by and between the Town of Smithfield, North Carolina (hereinafter Licensor"), and Fiber Technologies Networks, L.L.C., al New York limited liability company (hereinafter "Licensee"), sometimes referred to collectively as the Parties or  individually as "Party";  WHEREAS, Licensee proposes to furnish communications services and desires to install and maintain all facilities, including, but not limited to, aerial cables, transceivers, amplifiers, equipment, wires, and associated hardware (hereinafter cumulatively referred to as "Facilities")  onl Licensor's poles in] Licensor's and in the rights ofway ofLicensor; and  WHEREAS, Licensor is willing to permit, subject to the terms and conditions set forth herein, to the extent required by law, including, but not limited to, North Carolina General Statutes 8 62-350 the attachment of Licensee's Facilities to its poles, where such use will not interfere with Licensor's own primary electric service requirements or the existing attachments  ofothers authorized to use the poles of Licensor.  NOW, THEREFORE, in consideration of the mutual covenants, terms and conditions  hereincontained, the Parties dol hereby mutually covenant and agree as follows:  ARTICLEL SCOPEOF. AGREEMENT  1.1 Service Area.  This Agreement shall be in effect in all Licensor areas and shall apply to Licensor poles now existing or hereafter constructed during the term oft this Agreement.  1.2 Intentionally Omitted. 1.3 Authorization.  Subject to the terms and conditions of this Agreement, Licensor grants to Licensee and Licensee accepts from Licensor, a non-exclusive license to occupy, place and maintain its Facilities on Licensors' poles, which non-exclusive license includes the use ofLicensor's drop/service poles. No use of Licensor's poles, however extended, or payment of fees or chargés required under this Agreement, shall create or vest in Licensee any ownership or property rights in such poles. Licensee rights herein shall remain those of a mere liçense.  1.4 Assignment.  Liçensee may not assign its rights under this Agreement to any other entity without Licensor's prior written consent, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, Licensee may assign its rights under this Agreement to an entity acquiring fifty-one percent (51%) or more of Licensee stock or assets or any  105    subsidiary or affiliated company in which Licensee holds a 10% or greater interest or an entity controlling or under common control with Licensee without obtaining Licensor's consent. Licensor shall notify Licensee within thirty (30) days in the event it assigns its rights under this Agreement or if it transfers ownership of any or all of its poles to another entity. Notwithstanding the foregoing, this Section 1.4: shall not prohibit licensee  from leasing fibers or capacity ini its facilities.  1.5 Facility Removal.  Upon termination of this Agreement for any reason, and subject to the provisions of applicable North Carolina law, Licensee, at the request of Licensor, shall remove, at Licensee's expense, all Facilities from Licensor's poles. The maximum time limit within which Licensee shall remove its Facilities from Licensor's poles shall be ninety (90) days. IfLicensee does not remove its Facilities from Licensor's poles as required by this Section 1.5, Licensor shall have the right to remove Licensee's Facilities at the sole risk  and expense ofLicensee. 1.6 Authorizations Required.  Licensee, ati its sole cost and expense, shall secure all authorizations, franchises, licenses, permits and consents required for the construction, operation and maintenance of the Facilities. If any authorizations, franchises, licenses, permits or consents obtained by Licensee are subsequently revoked, terminated or denied for any reason, Licensee shall retain the right to pursue and exhaust all legal, administrative, and equitable remedies in all state and federal forums before Licensor may revoke Licensee's permission to attach  toLicensor's poles.  1.7 Term.  This Agreement shall become effective upon its execution and shall continue in effect for an initial term of five (5) years (the "Initial Term"); thereafter, this Agreement shall renew automatically for successive terms of one (1) year (each, a "Renewal Term"). Licensor orl Licensee may terminate this Agreement at any time during the Initial Term or any Renewal Term with six (6) months written notice to the other. In the event that this Agreement is terminated, the contract terms and conditions, including the applicable rates, shall continue as stated herein until this Agreement is renewed on terms and conditions satisfactory to both Parties. If the Parties are unable to agree on satisfactory renewal terms and conditions, and unless the Parties are proceeding in accordance with North Carolina General Statutes $ 62-350, Licensee shall remove its Facilities in  accordance with the provisions of Section 1.5ofthis Agreement.  106    ARTICLEIL.  PLACING. TRANSFERRINGORREARRANGINGATTACHMENTS  2.1 Permit Application: Confidentiality.  Before making or modifying any attachment to any pole or poles ofLicensor, Licensee shall submit aj permit application (see Exhibit A) and receive from Licensor aj permit for such attachmentplacement. The Parties agree Licensee shall be required to submit a permit application in order to perform routine maintenance, including replacement of cables, or over lashing; however, Licensee shall provide Licensor with thirty (30) days advance notice ofany over lashing. In addition, Licensor agrees that aj permit application shall not be required for Licensee to make an attachment to drop poles subject to the requirements stated in Section 2.8 of this Agreement. All materials submitted by Licensee in connection with permit applications for Facilities are to be handled and reviewed only by those Licensor personnel directly responsible for the coordination and administration ofjoint-use requests. Such materials are ofaconfidential,; proprietary, and commercially sensitive nature and, unless otherwise required by law, shall not be disclosed by Licensor or its employees for any reason other than to process and  administer Licensee Facilities' permit application request.  2.2 Make-readySurvey.  When Licensor receives a permit application, a make-ready survey may be necessary to determine the adequacy of the existing poles and anchors to accommodate Licensee's Facilities. Licensor, upon prior notice to Licensee, may perform the field inspection portion ofthemake-ready: survey and Licensee may be present if desired.  2.3 Grant or Denial of Access.  Except as otherwise provided by law, Licensor reserves the right to deny Licensee access to any pole, on a non-discriminatory basis, where there is insufficient capacity on or in Licensor's poles or for reasons of safety, reliability or generally applicable engineering standards, provided that before Licensor denies access based on insufficient capacity, Licensor shall explore potential accommodations in good faith and take all reasonable steps to accommodate Licensee request for access. In addition, Licensor shall not arbitrarily deny or condition Licensee's permit appliçation based upon Licensee's status as a provider of cable service, broadband cable communications services or other lawful communications services. Licensor shall either grant or deny access to its facilities within thirty (30) calendar days of Licensee permit application. Ifaccess is not granted by Licensor within thirty (30) days of Licensee permit application, Licensor must confirm the denial of access in writing by the thirtieth (30th) day. Licensor's denial shall be specific and shall include all relevant evidence and information supporting its denial, and shall explain how such evidence and information related to the denial of access for reasons of lack of capacity, safety reliability or generally applicable engineering  standards.  107    2.4 Make-ready.  (A) Whenever any pole to which Licensee seeks attachment can and must be modified or replaced solely to accommodate Licensee's Facilities, Licensor will provide Licensee with a detailed estimate of make-ready work it believes to be necessary to prepare the pole for Licensee's Facilities. Licensor will provide Licensee with such estimate within thirty (30) days of receiving Licensee's permit application for attachment. After receiving this estimate, ifLicensee still desires to make the attachments, Licensee shall notify Licensor within 15 days of receiving such estimate of such continuing desire to attach or occupy, and shall pay to Licensor any required advance payment for the reasonable and actual cost of such make-ready work, which may include engineering, materials (including poles and associated hardware), cost of removal (less any salvage value), and the expense oft transferring Licensor's facilities, as well as the attachments of other preexisting occupants, from the old to the new poles if required solely to accommodate Licensee's Facilities. Where the advance payment of estimated expenses made tol Licensor by Licensee for both non-replacement make-ready and replacements is less than the reasonable and actual cost of work described above, Licensee shall pay Licensor the amount in excess of the amount of the advance payment. Where the advance payment of estimated expenses made to Licensor by Licensee exceeds such reasonable and actual costs, Licensor shall refund the difference to Licensee. Licensor shall commence all requested make-ready and pole replacement work within 30 days of receiving any work request confirmation and any required advance payment from Licensee Licensee shall not be responsible for any make ready costs required to cure (B) Notwithstanding the foregoing, Licensee, at its option but with Licensor's prior written consent, may choose a contractor that meets industry standard qualifications and criteria, to perform make-ready work on its behalf. In secured areas where safety or system reliability concerns are an issue, Licensor may require an escort to supervise the work of Licensee's agents. Licensor shall also retain the right to perform post- installation inspections, at Licensee's expense, to ensure Licensee's agents' work meets (C) Licensor shall be responsible for notifying other parties with existing attachments or occupancy and coordinating the make-ready work necessary in order to accommodate  pre-existing violations oft the NESC or other applicable requirements.  Licensor's standards.  Licensee'sattachments. 2.5 Multiple Applications.  When appliçations to occupy the same pole, or have been received from two or more prospective occupants, including Licensee, before any one oft them is given a permit, and, ifto accommodate their respective facilities it would be necessary to rearrange existing facilities or replace the pole, each such prospective occupant shall bear the applicable costs of rearrangement or replacement incurred in conjunction with its own  application(s).  108    2.6 Modifications and Cost Allocation.  If a pole to which Licensee has previously made an attachment is to be modified or replaced due to the requirements of another joint-user, including Licensor, except when such modification is for the purpose of performing routine maintenance or to respond to an emergency situation, Licensor shall provide Licensee with forty-five (45) days' notice of the proposed modifiçation or replacement sO that Licensee can determine whether it wishes, subject to the provisions of Section 2.1, above, to add to or modify its existing attachment or occupancy in connection with the proposed modification or replaçement. For purposes of this Section 2.6 only, and in the event Licensee decides to add to or modify its existing attachment or occupancy in connection with the proposed modification or replacement, Licensee give notice to Licensor of its intent within thirty In the event that a pole is modified as a result of the requirements ofLicensor, Licensee or any otherj joint-user, the costs ofmodification (including, but not limited to, the cost of rearranging or replacing the attachments of other joint-users who do not take part in or directly benefit from the modification) shall be borne proportionately by all such entities that require such modification to obtain access to such pole. For the purpose ofallocating modification costs under this section, the proportion oft the modification costs attributable toe each modifying or newly attaching entity shall be determined by the ratio of the new useable space occupied by each modifying or newly attaching entity in relation to the total new usable space occupied by all modifying or newly attaching entities. For (A) Should Licensor replace any poles because of the increased requirements of more than one pole occupant, including those ofLicensee, Licensee shall be responsible only for its transfer costs from the old pole to the new pole and the cost of any non-betterment (B) Should Licensor replace any poles solely because of Licensee increased requirements, in addition to being obligated to transfer its attachments to the new pole at its own expense, Licensee shall pay those costs and expenses associated with the transfer (C) Should the increased requirements of Licensor and/or the requirements or increased requirements of other pole occupants call for the replacement of any poles without any increase in the requirements of Licensee, Licensee shall bare any costs associated with the transfer of its Facilities from the old pole to the new pole. Ifanother third party, other than the Licensee request that pole be replaced then, that third party shall reimburse the Licensor and Licensee for transferal of their lines and equipment. Whenever Licensor intends to modify or replace a pole, Licensor shall provide 45 days advance written notification of such action to Liçensee sO that Licensee may have a  (30) daysofreceipt ofr notice from Licensor.  example:  portion oft the new pole.  of other pole occupants' facilities from the old pole to the new pole.  reasonable opportunity to add to or to: modify its attachment.  109    2.7 Pole] Maintenance.  (A) Should Licensor replace any poles because of ()deterioration or (ii)the requirements of public authorities or property owners, and should Licensee desire to occupy the new pole, Licensee shall be obligated to transfer its attachments to the new (B) Licensee, at its own expense and risk and by the terms of this Agreement, shall place, transfer, and rearrange its own attachments on Licensor's poles, place guys to sustain any unbalanced pole loads caused by its own attachments, and perform any tree trimming or cutting incidental thereto. Licensee at all times shall perform such work promptly and in such manner as not to interfere with the service of Licensor or by other (C) In the event Licensor determines, in Licensor's reasonable judgment, that a particular condition or situation is an emergency, Liçensor may arrange to relocate, replace, remove, renew or disconnect Licensee's Facilities and transfer them to substituted poles or perform any other work in connection with Licensee's Facilities that may be required during the emergency. Licensor shall provide Licensee with the immediate notice of the situation so that Licensor and Licensee, if possible, may coordinate their responses to the emergency. If notice is impossible during the emergency situation, Licensor shall notify of any emergency and any relocation, replacement or removal affecting Licensee's attachments, as soon as reasonably (D) Licensee shall be responsible for trimming and cutting all trees, shrubbery, and other vegetation in the vicinity of its Facilities as necessary for the operation of its own Facilities and ati its own expense. This shall be done in a manner not to interfere with or damage any existing attachments. For non-emergency maintenance, property owner(s)  pole ati its own expense.  pole occupant.  practicable.  shall bei notified in advançe ofa any work performed by Liçensee.  2.8 Drop Poles Runs.  Notwithstanding any other provision set forth in this Agreement, after initial construction ofits Facilities, Licensee shall have the right to attach non-current carrying drops to drop poles ("Drops") without prior application; provided, however, that Licensee shall forward  anotice of attachment ofI Drops monthly for billing adjustments.  2.9 Continuous Licensor Operation.  Licensee expressly agrees that Licensee shall not intentionally interfere with the normal operation of Licensor's equipment during Licensee's performance of any construction or maintenance, and that Licensee shall provide and use all protective equipment necessary for the protection of Licensee employees and equipment and to guard against  interfèrences with normal operation ofLicensor's equipment.  110    2.10 Compliance with and Supplements to Safety Codes.  Licensee shall not cause or permit any person, other than an experienced workman who knows and appreciates the dangerous character of electricity and the danger of working in proximity to wires and other facilities composing electric lines which are or may be energized with electricity at the various voltage used in supplying electricity for public use, to work on or near any pole or to work upon any ofI Licensee's equipment attached to any pole belonging to Licensor or attached to any pole belonging to another utility to which Town's energized facilities are also attached; and, ast to any such person as may be authorized or permitted by Licensee to work on or near any such pole or do any such work, the Licensee shall warn him of the danger involved in working or being close to Town's wires and facilities and of the danger in making contact with the electricity with which said wires and facilities are or may be energized either by means of personal touch or by means of any conductive device, and Licensee shall provide competent supervision over the work being done by such person at all times Licensee shall attach its Facilities to Licensor's poles in a safe condition and maintain them in thorough repair, and in compliance with the requirements and specifications set forth in applicable Federal and State law, the National Electrical Safety Code in effect as of the time of attachment ("NESC") and the applicable rules and regulations oft the Occupational Safety and Health Act. In the event the NESC is updated, all Facilities installed by Licensee after the effective date of the updated NESC shall comply with the applicable requirements oft the updated NESC. Licensor shall apply to Licensee only such specifications, standards and  practices as are uniformly applied to all parties attached to the poles.  2.11 Non-Interference with Licensor Facilities.  Licensee at all times shall ensure that its agents, servants, employees, and contractors neither take nor attempt to take any action whatsoever to interfere with Licensor's wires, attachments, and other facilities attached to or supported by poles covered by this Agreement. Each Party shall exercise reasonable precautions to avoid damage to the  facilities ofthe other.  ARTICLEIII. INSPECTIONS  3.1 Post-Installation and Safety Inspections.  Licensor reserves the right to inspect each new Licensee installation on Licensor's poles and in the vicinity of Licensor's lines. Licensor also reserves the right to make reasonable periodic inspections as conditions may warrant, to determine if Licensee's construction and installation complies with the approved shop drawings, construction  drawings, and/or applicable safety codes or laws.  111    3.2 Facilities Inventory.  (A) Licensee and Licensor, acting in a cooperative manner for purposes of rendering bills, shall tabulate the total number of Licensee attachments on Licensor's poles. This (B) Within twelve (12) months of the Effective Date of this Agreement, Licensor shall conduct an initial inventory of Licensee's attachments to verify the number of poles on which Licensee has attached its equipment and may conduct subsequent inspections as set forth herein. All such attachments found in the initial inventory shall be deemed authorized. Licensor shall provide thirty (30) days' notice of such initial inventory sO that Licensee may be present and observe suchi inventory. After completion oft the initial inventory of poles, subsequent inventories may be taken by Liçensor as frequently as annually. To the extent subsequent inventories identify Facilities that have been attached without permits since the most recently completed inventory, Licensee shall pay Licensor (C) Inventories may be conducted, in Licensor's discretion, either by Licensor or by an independent contractor selected by Licensor. Licensee shall be permitted to observe the conduct of the physical inventory. Subsequent inventories shall be preceded by ninety (90) days advance written notice to Licensee. Prior to such inventory, the projected costs of the inventory shall be submitted to Licensee in advance for approval. Licensee shall be responsible for a pro-rata share of the actual inventory costs on poles to (D) As an alternative to performance of a physical inventory, the Parties may, if mutually agreed, determine the number of attachments from existing maps and/or attachment records provided that such maps or records exist and provided that each Party agrees that results with reasonable accuracy can be achieved. Ifthe Parties agree to this method, any maps and/or records belonging to one of the Parties and utilized to count attachments shall be made accessible to the other Party and the number of attachments shall be determined through a mutual and cooperative effort of both Parties. The results of attachment counts performed in this manner shall be treated, for the purpose of determining rentals and other charges due for unauthorized attachments, as if results were  tabulation shall be based on a perpetual inventory of permits.  the unauthorized attachment fee set forth below in Section 3.3.  which Licensee has attachments.  achieved by an actual jointly conducted physical inventory.  3.3 Inventory Disparity.  (A) Following the initial inventory described above in Section 3.2, in the event the number of poles to which Licensee has attached its Facilities differs from the number shown in Licensor records, Licensor may collect from Licensee, for each pole with an unauthorized attachment, an unauthorized attachment penalty not in excess of an amount approximately equal to the otherwise applicable annual pole, plus 5% interest on the unpaid amount, for the number of years since the most recent inventory or five years, whichever is less. This penalty shall be imposed in lieu of any amounts recoverable for unpaid annual fees. Within forty-five (45) days from notice by Licensor to Licensee of  112    an unauthorized attachment, Licensee shall either apply for a permit or remove its unauthorized attachment. If Licensee fails to either apply for a permit or remove its unauthorized attachment within such forty-five (45) days, Licensor shall have the right to remove the unauthorized attachment at the sole risk and expense ofLicensee.  ARTICLEIV.  ABANDONMENT OF JOINTI POLES AND REMOVAL OF ATTACHMENTS  4.1 Notice.  Licensee, at any time, may remove its Facilities from any pole(s) ofLicensor, and shall  givel Licensor written notice within thirty (30) days ofs such removal.  4.2 Pole Abandonment,  (A) If Licensor desires at any time to abandon any pole(s), it shall give Licensee notice in writing to that effect at least 90 days prior to the date on which it intends to abandon such pole. If, at the expiration of such 90 day period, Licensor has no attachments on such pole(s) but Licensee has not removed all of its attachments from such pole(s), Licensor may transfer ownership of the pole(s) to Licensee if accepted by Licensee. Ini the event Licensee agrees to accept such poles, Licensee shall hold Licensor harmless from all obligation, liability, damages, costs, expenses or charges incurred thereafter, and not arising out of any prior event or occurrence theretofore as a result of (B) IfLicensee does not accept the transfer of ownership ofj pole(s) or abandoned by Licensor, Licensor shall have the right to remove Licensee's attachments at the sole risk  any attachments to such pole(s).  and expense ofLicensee.  ARTICLE V.  RENTAL AND PROCEDURE FOR PAYMENTS  5.1 Rental Rate.  The annual rental amount to be paid by Licensee shall be as shown on Schedule A on a  yearly basis for each pole to which Licensee's Facilities are attached.  5.2 Payment Due Date.  Rental payments shall be invoiced annually. Licensor will submit to Licensee an invoice for the annual rental period no later than the sixtieth (60") day after the Effective Date (and no later than the sixtieth (60") day after the anniversary of the Effective Date for each renewal term). The invoice will reflect the number of attachments as of the Effective Date. Rental bills shall be considered delinquent if not paid in full within 30 days upon receipt. IfLicensor does not receive any undisputed fee or other undisputed billable amount within (30) days after it becomes due, Licensee shall pay interest to  113    Licensor at a rate set for that period by the Internal Revenue Service for individual underpayments pursuant to Section 6621 ofthe Internal Revenue Code.  5.3 Payment ofOther Amounts.  Any other payments required to be made by either Party pursuant to the terms of this Agreement shall be made in accordance with the provisions oft this Article V.  ARTICLE VI. LIABILITY AND INSURANCE  6.1 Indemnity and Allocation ofLiability.  The Parties shall exercise reasonable care to avoid damage to the facilities of each other, to the facilities of other joint-users on Licensor's poles or to other persons or their property. When any liability is incurred by either or both of the Parties hereto for damages for injuries to the employees or for injury to the property of either Party, or for injuries to other persons or their property, arising out of the joint use of facilities under this Agreement, or due to the proximity of the facilities of the Parties covered by this Agreement, the liability for such damages, as between the Parties hereto, shall be as (A) Except as otherwise provided in this Article VI, each Party hereby assumes all responsibility and shall be liable for any and all loss for damage to the facilities of the other and to the facilities of other joint-users on Licensor's poles caused solely by its gross negligence or willful misconduct, or that of its employees, agents, servants or (B) Each Party hereby assumes all liability and shall be liable for all damages caused by such Party for injuries to third persons or third person's property caused solely by its gross negligence or willful misconduct, or that of its employees, agents, servants or (C) In the event such injuries are proximately caused by the concurrent gross negligence or willful misconduct of both Parties hereto, each Party shall be liable for the damages in the same proportion that the damages caused by the gross negligence or (D) Where, on account of injuries of the character described in the preceding paragraphs oft this Article, either Party hereto shall be required to make any payment to its injured employees or to the relatives or representatives in conformity with: (I) the provisions of any Workers' Compensation Act or any act creating a liability in the employer to pay compensation for personal injury to an employee by accident arising out of and in the course oft the employment, whether based on negligence on the part of the employer or not, or (2) any plan for employees' disability benefits or death benefits now established or hereafter adopted by the parties hereto or either of them, such payments  follows:  independent contractors;  independent contractors;  willful misconduct oft the respective Party bears to the total damages;  114    shall be construed to be damages within the terms of the preceding sections of this  Article.  (E) Intentionally Omitted. (F) Intentionally Omitted.  (G) Each Party shall indemnify (the "Indemnifying Party") and save harmless the other party (the Indemnified Party") from and against all liability, including, but not limited to, all damages, costs, attorneys' fees, disbursements, and other proper charges and expenditures that the Indemnified Party may incur, solely as a result of the gross negligence or willful misconduct of the Indemnifying Party, its employees, agents, servants or independent contractors (other than the Indemnified Party), while in the course oft their employment or in the performance oft their contract which causes damages tot third parties or to the property of third parties which are proximately caused by such acts, omissions or breaches. The agreement to indemnify and save harmless is  conditioned on the following:  (i) that the Indemnified Party shall give prompt notice in writing to the (ii) that the Indemnifying Party shall have the sole control of the defense of any action on such a claim, and all negotiations for the settlement or compromise of the same; provided, however, that the Indemnifying Party shall not settle or compromise an action or claim on behalf of the Indemnified Party without the prior written consent of the Indemnified (inl) should any situation become, or in Indemnifying Party's opinion be likely to become, the subject of any such claim or action, the Indemnified Party shall permit Indemnifying Party, at the option and expense of the Indemnifying Party, to take such reasonable action as may be appropriate under the circumstances to avoid such claim, or to effectuate the  Indemnifying Party ofs such a claim; and  Party;  settlement thereof; and  (v) The Indemnifying Party shall have no liability to the Indemnified Party hereunder for any damages caused solely by the Indemnified Party, its agents, servants, employees, or independent contraçtors (other than the  Indemnifying Party).  6.2 Consequential Damages.  Notwithstanding the foregoing, neither Party shall be liable to the other for any indirect, special or consequential damages, including, but not limited to, loss of profits or revenues, interruption of customer service or interference with business operations.  115    6.3 Settlement.  In the event the Indemnifying Party compromises or settles any such claim with a third party, the Indemnifying Party shall obtain a release of all claims arising out of that particular incident against thel Indemnified Party, in addition to any release in favor oft the  Indemnifying Party. 6.4 Insurance Requirements.  Licensee shall carry and keep in force, while this Agreement is in effect, insurance contracts, policies and protection with a reliance company or companies satisfactory to Licensor and licensed to do business in North Carolina in amounts and for coverage deemed necessary for its protection by Licensee, but in no event for amounts or coverage (A) Commercial General Liability Insurance (including, but not limited to premises, operations, explosion, collapse and underground hazard, broad form property damage, products/completed operations, contractual liability, independent contractors, personal injury) with limits ofat least $2,000,000 combined single limit bodily injury and property (B) Licensee shall also carry and keep in force, while this Agreement is in effect, Workers' Compensation insurance in compliance with the laws of North Carolina and employer's! liability insurançe with minimum limits of$ 1,000,000 per occurrence. (C) Licensee shall furnish Licensor with certificates of insurance showing that such insurance isi in force and will not be cancelled or modified without thirty (30) days' prior written notice to Licensor. Neither acceptance nor knowledge (by and of Licensor) ofthe procurement of Licensee ofi insurance protection of lesser scope than that required to be procured by it under this Agreement shall in any manner or for any purpose constitute or be deemed a waiver by Licensor of the requirements imposed respecting insurance protection, nor shall any such acceptance or knowledge ofi insurance protection of lesser scope in any manner or for any. purpose lessen or modify or constitute a limiting interpretation of the scope of the matters covered by and obligations of Licensee under  less than the following minimum requirements:  damage for each occurrençe.  this Agreement. 6.5 WaiverofRecoyery  Each party hereby waives any and every right or cause of action for any and all loss of, or damage to, any of its property (whether or not such loss or damage is caused by the fault or negligence of the other party or anyone for whom the other party may be responsible), which loss or damage is covered by valid and collectible fire, extended coverage, "All Risk" or similar policies, to the extent that such loss or damage isi recovered under any of the insurance policies. Written notice oft the terms oft this mutual waiver shall be given to eachi insurance carrier and the insurance policies shall be properly endorsed, ifn necessary, toj prevent the invalidation ofa any insurance coverage by reason oft this waiver.  116    ARTICLE VII.  TERMINATIONANANDDEFAULTS  7.1 Default.  IfLicensee shall default in any material obligation under this Agreement, Licensor may, in the event Licensee fails to cure such default in accordance with Section 7.3 below, terminate Licensee's use oft the particular poles covered by this Agreement which are the  subject oft the default or1 terminate this Agreement in its entirety.  7.2 Termination Effective Date.  Any termination shall be effective by written notice from one Party to the other, and  termination shall be effective upon 90 days' notice.  7.3 Opportunity to Cure.  Prior to exercising any remedy or terminating this Agreement as a result of a default by Licensee, Licensor shall provide notice to Licensee and Licensee will have an opportunity to cure within thirty (30) days, or within such time frame as is reasonable to affect a cure which cannot be completed within thirty (30) days, sO long as Liçensee exercises diligence in completing the cure. IfLicensee cures the default during this time or commences such cure which may not be completed within sixty days, a default will no longer exist and Licensor may not exercise any remedy or terminate this Agreement.  ARTICLE VIL MISCELLANEOUS PROVISIONS  8.1 Conduct of the Parties.  Thej parties agree to conduct themselves reasonably andi in good faith in implementing the  terms of this Agreement.  8.2 Survival.  The obligations of the parties under this Agreement, to the extent that they arose while the Agreement was in effect and remained unfulfilled at the time of termination, shall survive both the termination of this Agreement and/or the termination of any permit or license granted hereunder. Any such termination shall not release either party from any liabilities, claims, or obligations arising hereunder including, but not limited to, indemnities which may have accrued or are accruing prior to or at the time of  termination.  117    8.3 Waiver.  Failure to enforce or insist upon compliance with any of the terms or conditions of this Agreement shall not constitute a general. waiver or relinquishment of any such terms or conditions, but the same shall be and remain at all times in full force and effect.  8.4 Entire Agreement.  This Agreement, and the Exhibits attached hereto, embodies the entire agreement and understanding of the Parties with respect to the subject matter hereof and supersedes all prior agreements between the Parties hereto for attachment of Licensee's Facilities to Licensor's poles. This Agreement may be amended only upon the written agreement of  both Parties. 8.5 Notice.  Any notice hereunder may be given only in writing, by Certified, Registered or Return Receipt Requested United States first class mail, postage prepaid, or by a nationally  recognized overnight carrier serviçe.  Ifgivent tol Licensor, addressed to: Town Manager  Town of Smithfield 350 East Market Street P.O.Box 761 Smithfield, North Carolina 27577 Lightower Fiber Networks 300 Meridian Centre Rochester, NY 14618  If given to Licensee, addressed to: Judith Newkirk, Director of Access & Permitting  Any notice so given shall conclusively be deemed tol have been served upon receipt.  8.6 Compliance with Laws and Regulations.  Bach Party shall comply with all federal and state statutes, regulations, rules, ordinances, judicial decisions, and administrative rulings applicable to its performance under this Agreement. In the event ofa a change ini federal or state law that would apply to any ofthe provisions ofthis Agreement, such change shall be effectivei immediately.  8.7 ApplicableLaw.  This Agreement shall in all respects be subject to and construed in accordance with and governed by the laws oft the United States and the State ofNorth Carolina, without regard  to conflict oflaws principles.  118    8.8 Severability,  Except as otherwise provided herein, the invalidity or unenforceability of any particular provision, or part thereof, oft this Agreement shall not affect the other provisions, and this Agreement shall continue in all respects as ifsuch invalid or unenforceable provision had  not been contained herein. 8.9 ForceMajeure  Neither Licensor nor Licensee be liable for any delay or failure in performance of any part of this Agreement if due to a cause beyond its control and without its fault or negligençe including, without limitation, acts of nature, acts of civil or military authority, embargoes, work stoppages, epidemics, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, other major environmental disturbances, unusually severe weather conditions, inability to secure products or's services ofother persons or transportation facilities, or acts or omissions of transportation carriers.  8.10 Exhibits/Schedules  This Agreement shall include all Schedules and Exhibits referenced in this Agreement and attached hereto as if the Schedules and Exhibits were part oft the Agreement. Exhibit B- Pole Attachment Specifications and related sketch of Standard Attachment.  Exhibit A- Pole Attachment Application  Schedule. A - Town of Smithfield Pole Attachment Rates Schedule B - Town of Smithfield Fee Schedule  119    IN WITNESS WHEREOF, the parties hereto have their respective officers who are duly  authorized to execute this Agreement below.  LICENSOR: Town of Smithfield, NC  Date:  By:.  Name: James Freeman Title: Interim Town Manager LICENSEE:  Fiber Technologies Networks, L.L.C.  Date:  By: Name: Title:  120    EXHIBIT A  121    EXHIBIT A Town of Smithfield APPLICATION  PERMIT TO ATTACHUICENSEES FACILITIES  In accordance with the terms of our Agreement dated  20 application isl hereby made  for permission to make attachment ofLicensee's Facilities to' Town Facilitiesi in the vicinity of electronic file. Attached is the application, per pole fee, and engineering fee int the amount of$_  North Carolina, at the locations shown on the attached drawing with an accompanying  Attachment: New Engineering: Simple Cable No. Poles tol be! Evaluated:. Location Description:  Overlash Complex Quantity:  LICENSEE  Type: Weight:  By: Title: Date:  Route must be clearly shown on LICENSEE'S Map attached to this application. Maximum Forty (40) Poles per Application  MAKE READY CONDITIONS  The estimated cost of doing this work is $  After Town receives payment of said amount and  acceptance of the conditions herein, Town shall proceed to make such changes in its facilities. If the above  meets your approval, please indicate your acceptance int the space provided below.  ACCEPTED:  Town of Smithfield  By: Title: Date: Jobl No. W.O.# PERMIT  LICENSEE  By: Title: Date:  20  20  Permission is hereby granted LICENSEE to make attachments to the poles at thel locations set forth in the above  application. Permit No.  Town of Smithfield  Inventory of Poles Used by Licensee Previous Added by this  By: Title:  New Balance  Balance  Permit  Date attachments made:  122    EXHIBITI B  POLE. ATTACHMENT SPECIFICATIONS  1. Licensee shall install, maintain, transfer and remove its Attachments at its own expense.. All telecommunications facilities attached to. Licensor's poles shall bei installed in a manner to ensure compliance with the requirements of the National. Electrical Safety Code (NESC)(ANSI C2) in effect at the time ofi installation, except as otherwise applied by thel NESC. Maintenance and operations oft the attached facilities must comply with the requirements oft thel NESC edition ine effect at the time ofinstallation except as otherwise applied by the NESC. 2. Any unbalanced loading ofLicensor's) Poles caused by the plaçement ofLicensee's facilities shall bej properly guyed and anchored by Licensee with a guy and anchor provided by Licensee, at no expense tol Licensor. Licensee shall not attach any guy wire to Licensor's anchor, anchor 3. A preliminary "ridet through" ofthe proposed route ofLicensee'si facilities shall be made by 4. Licensee shall check and verify the condition of any Pole prior to climbing or performing work 5. On) Poles where Licensor has secondary/ncutral conductors, all Attachments shall be located on the same side of each Pole as any existing telephone or communications cable, or as otherwise 5. On Poles where Licensor has secondary/neutral conductors, all Attachments shall bel located on thes same side oft thel Pole as the secondary conductors, or as otherwise designated by Licensor. 7. Where permitted, each such power supply or equipment enclosure shall be considered to be one 8. Licensee shall cause all cabinets, enclosures, and messengers to be grounded by bonding to the existing pole ground with #6 solid, bare, soft drawn copper conductor where available or by 9. Licensee shall not install aj power supply or any other equipment enclosure on any ofLicensor's Poles on which underground risers, capacitor banks, sectionalizing equipment or voltage regulators are already installed or on any Poles which are: not accessible by general purpose 10. No electrical service connection to a Licensee power supply shall be made or installed by Licensee until after thel local authority havingjurisdiction has completed an inspection ofand approved the installation oft the required meter base and service equipment. 11. Nol bolt used by Licensee to attach its facilities shall extend or project more than one (1) inch 12. AllofLicensee's/ Attachments shall comply with NESC clearance requirements and all mid-  rod, guy wire, or guy wire attachment on the pole.  representatives ofLicensor and Licensee upon request by Licensor.  oni it,  designated in advance in writing by Licensor.  or more. Attachments.  installing a supplemental ground and ground rod.  aerial lift equipment using an all-weather access road,  beyond its nut,  123    span clearances between Licensee's! facilities and Licensor's lowest conductors shall comply 13. Licensee shall maintain a minimum of twelve (12) inches clearance between all ofits Attachments and any attachment made by other attaching parties. 14. Licensee may noti install standoffbrackets, cross arms, alley arms, or cable extension arms for the support ofs any ofits facilities without prior written approval ofLicensor. Ini no event shall Licensee use any cross arm or alley arm brace above the arm that it supports. 15. Licensee shall install and maintain any and all ofi its facilities in a neat and workmanlike manner consistent with the maintenance oft the overall appearance ofthe jointly used pole, 16. Thet type and placement ofany Licensee anchor installed to accommodate Licensee's guy wire shall be approved by Licensori in writing prior to installation. Anys such anchor shall be placed so that Licensee's guy wire does noti interfere with any guy wire ofLicensor or a third party. 17. Licensee shall provide to Licensor a statement summarizing the standards used by Licensee for 18. Prior tot the installation of Attachments by Licensee to al Pole on which Licensor does not have as secondary/neutral conductor, Licensor shall have identified tol Licensee the point on such Pole at which Licensor may or intends to attach as secondary/neutral conductor in the future. Licensee shall install its Attachment with the applicable clearance specified in' Table 235-50 of thel NESC necessary to accommodate the identified future location ofsuch secondary/neutral conductor. To the extent that make-ready work is necessary to accommodate Licensee's attachment because ofLicensor's reservation ofs space to add asecondary/neutral conductor,  with NESC clearance requirements.  subject to the approval ofLicensor in its sole discretion.  its standard pole attachment installations.  Licensor shall bear the cost of such make-ready work.  124    EXHIBIT B (1)  COMMUNIÇATION: SIGNAL ATTACHMENTS:  LOWESTUTILITY, ATTACHMENT IDENTIFIED BY TOWN  TELEPHONE CABLE CATVCABLE ALARMCABLE TRAFFICCONTROL TELEGRAPH  PUBLCPRVATECOMMUNICATONCABLES  43'TOLOWEST CITY OF SMITHFIELD SUPPLYSPACE  COMMUNICATION SIGNAL ATTACHMENTS COMMUNICATION SIGNALATTACHMENTS COMMUNICATION SIGNALATTACHMENTS COMMUNICATION SIGNALATTACHMENTS COMMUNICATION SIGNALAITACHMENTS  N   t + Ny  NOTES:  1.ALL ATTACHMENTS ABOVE FINISHED GRADEI MUST MEET CURRENT NESC MIDSPAN CLEARANCES. 2.SPACE ONF POLE IS ASSIGNEDI AS SHOWNUNLESS OTHERWISE APPROVED BY AUTHORIZED SMITHFIELD ELECTRICD DEPARTMENT PERSONNEL 3.MESSENGER STRANDS SHALL BE BONDED TOT THE POLE GROUND,  TOWN OF SMITHFIELD SMITHFIELD, NORTH CAROLINA STANDARD ATTACHMENT  IFPRESENT  125    SGhenle AVDONNRADNEE RARCPPONTESN  Attachment $7.50 $7.76 $8.03 $8.32 $8.61 $8.91  Attachment $3.25 $3.36 $3.48 $3.60 $3.73 $3.86  Rates for Town Rates for. Jointly Owned Poles Owned Poles  July" 1, 2015  June 30, 2016 July 1, 2016 June 30, 2017 July' 1,2017 June 30, 2018 July1,2018 June 30, 2019 July1,2019 June 30, 2020 July 1, 2020 -June 30, 2021  126    4 5 8 &   %  5  127    BARGETCE  C  PNE  VENRERh.  09  128    Town of Smithfield Town Council Action Form  Business Item: Consideration of Award of bid to Process' Wastewater Technologies (PW Tech) for the purchase and start-up of Dewatering Screw Press Equipment, per the Specifications for this project, in the amount of $200,000.00, to dewater the waste material at the Smithfield Water Treatment Plant  before disposal.  Date of Meeting: March12016 Staff Work by: Pete Connet, Dale Boyette  Date prepared: February 18: 2016 Presentation: Pete Connet, Dale  Boyette  Item:  Plans and Specs were developed by the Wooten Company and Town Staff for Sludge Dewatering equipment, after some pilot testing was conducted in the fall of 2015. Bid advertisements were then issued in early January 2016 for a bid opening on February gth for this equipment. Since we only received one bid that day, we were not able to open the bids. In accordance with State Law, we re- advertised for al bid opening on February 18"at 10:00a a.m. At that time we received only one bid. The low bid of $200,000.00 was received from Process Wastewater Technologies (PW Tech) and is As we have mentioned in earlier meetings, this project will help reduce the Town's sludge disposal costs in our operating budgets for the Water Plant. We now pay to have the waste pumped from a holding basin and hauled either to a farm for land application, or to the County's treatment façility for dewatering and disposal. There will be additional project expenses other than this equipment bid, such as, engineering, installation of the equipment, a large transfer pump from the basin to the equipment building, and related SCADA and electric work. The project is still estimated to be no more than the  recommended fory your approval.  $300,000 wel have discussed in the past with the Council.  The engineer'sletterofrecommendation is attached for your information.  Funding for this project is proposed to come from current year budget savings, and/or the w/S  Contingency line. Action Requested:  Approve a motion to award the low bid to Process' Wastewater Technologies (PW Tech) for the purchase and start-up ofDewatering: Screw Press Equipment, pert the Specifications for this project, int the amount of $200,000.00, to dewater the waste material at the Smithfield' Water Treatment Plant before disposal.  129    February 19, 2016 Town of Smithfield P.O. Box 761 Smithfield, NC: 27577 Re: Award Recommendation Sludge Dewatering Equipment Procurement Town of Smithfield, NC TWC No. 2698-BR Dear Mr. Connet:  Mr. Pete Connet, Interim Utilities Director  THE WOOTEN COMPANY ENGINEERING PLANNING ARCHITECTURE  The bidding on the Sludge Dewater Equipment Procurement was conducted in two rounds. The first bidding round was advertised and had a bid opening date of February 8, 2016. One bid was received and was not opened. North Carolina bidding law does not allow opening of public bids ifl less than three bids are received. A second bid round was advertised with a bid opening on February 18, 2016. North Carolina bidding law does allow opening of fewer than three bids in the second bidding round. One bid was also received on the February 18, 2016 bid date. Enclosed is the certified Bid' Tabulation for the bids received on Thursday, February 18, 2016, for the above referenced project. One equipment supplier submitted their bid proposal for the equipment procurement. Process Wastewater Technologies, LLC, from Rosedale, MD, submitted the Lump Sum Bid Price in the amount of Process Wastewater Technologies, LLC, is qualified to supply the required equipment. It is our understanding that the Town attorney will advise ift the Town can proceed forward with the award. Therefore, we recommend that the Town of Smithfield make award of the contract based on Lump Sum Bid Price to Process Wastewater Technologies, LLC, in the amount of $200,000.00, contingent on a favorable review by the attorney. It is our understanding that the Town has funds Attached is the Notice of Award for the Town's signature. The date can be hand written in the form once the Town Council approves the award. Once the Notice of Award is signed we will prepare the Contract Documents that we will be sending the bidder for execution. Should you have any questions concerning this recommendation or need additional information, please contact us.  $200,000.00.  available for the project.  Sincerely,  THE WOOTEN COMPANY License No. F-04154 Carl Scharfe, 2Z Enclosures c: Bidl Tabulation  120 North Boylan Avenue Raleigh NC:27603-1423 919.828.0531 fax 919.834.3589  130    131    Notice of Award Project: Sludge Dewatering Equipment Procurement Owner: Town of Smithfield Contract: NIA Bidder:  Date: Owner's ContractNo.: NIA Engineer's Project No.: 2698-BR  Process Wastewater Technologies, LLC Bidder's Address: (send Certified Mall, Retum Receipt Requested) 9004 Yellow Brick Road, Suite D Rosedale, MD: 21237  You are notified that your Bid dated February 18,2016, for the above Contract has been considered. The Contract Price ofy your Contract is Two hundred thousand dollars. Dollars ($200.000.00). Three (3) copies of the proposed Contract Documents (except Drawings) accompany' this Notice of You must comply with the following conditions precedent within 10 days of the date you receive this 1. Deliver tot the Owner three (3) fully executed counterparts of the Contract Documents. 2. Deliver with the executed Contract Documents the Contract Bonds as specified in the Instructions to Bidders, General Conditions Paragraph 5.01, and Supplementary Conditions Paragraph SC-5.01. Failure to comply with these conditions within the time specified wil entitle Owner to consider you in Within 10 days after you comply with the above conditions, Owner will return to you one fully executed  You are the Successful Bidder and are awarded a Contract for the following:  Sludge Dewatering Equipment Procurement  Award. Notice of Award.  default, annul this Notice of Award and declare your Bid security forfeited.  counterpart of the Contract Documents.  Town of Smithfield  Owner By: Authorized Signature Title  Jim Freeman, Interim Town Manager  Copy to Engineer Acceptance of Notice this the. By: Title:  Receipt oft the above Notice of Award is hereby acknowledged by.  day of  2016.  2698-BR: : 01/05/16  00510-1 132  Notice of Award  EJCDC No. C-510 (2007 Edition) Prepared by the Engineers' Joint Contract Documents Committee and endorsed by the  Associated General Contractors of America and the Construction Specifications Institute.    Town of Smithfield Town Council Action Form  Item: Various Budget Amendments Date of Meeting: March 1, 2016 Staff Work By: Greg Siler, Finance Director  Date Prepared: February 16, 2016 Presentation: Consent Agenda  Background: Budget amendments to fund: Early payoff of two USDA loans Unified Development Ordinance Update Water and Sewer rate study Second transformer purchase/Ingtallation Internet purchase exchangezone  3month trial of engineering and technical support with DM2 Engineering, PLLC  Increased cost for pump station #3 upgrade  Move pump station #3 upgrade to water capital project fund  See description under each budget amendment.  Action Requested: Approve as Presented  133    BUDGET AMENDMENTS March, 2016 BEFORE 15,125 41,549  GENERAL FUND 1. Exenditures  ADJ.  AFTER 220,320 488,636  10-4120-9529 Debt Service/EMS Building 10-4120-9530 Debt Service/Streetscape  $ 26,424 $ 241,892 $ 268,316  205.195 447,087  Revenue  10-3990-0000 General Fund- Fund Balance December 8, 2015 meeting. Paying off 22 years early. 10-4100-0400 General Gov. - Professional Services 10-9990-5300 General Fund Contingency  240,300 $ 447,087 $ 687,387  To fund early payoff of two USDAI loans using General Fund fund balance as approved by Council at the  2. Exenditures  90,437 $ 9,000 $ 99,437  222,420 312,857 $  (9.000)  213,420 312,857  To fund DM2 Engineering, PLLC- at three (3) month trial basis for engineering and technical support  3. Exenditures  10-5100-1700 Police Equip. Maint. & Repair 10-5100-3000 Police - Fuel  $ 47,530 $ 3,000 $ 50,530  105,000 152,530  (3.000)  102,000 152,530  To construst an Internet Purchase Exchange Zone in thei front parking lot of the police department  4. Exenditures  10-4900-3501 Planning. Contract Services 10-4900-3700 Planning- - Condemnation  $ 15,000 $ 30,000 $ 45,000  50.000 65,000 $  (30.000)  20,000 $ 65,000  To fund the Unified Development Ordinance as approved by Council at the February 2, 2016 meeting  WATERFUND 5. Exenditures  30-7220-0400 Water/Sewer Professional Services 30-9990-5300 Water/Sewer Contingency  $ 30,582 $ 22,000 $ 52,582  183.325 213,907 $  (22.000)  161,325 213,907  To fund' Water/Sewer Rate Study with The Wooten Company as approved by Council at the February2,2016  Council meeting.  134    ELECTRICFUND 6. Exenditures Revenue  31-7230-9102 Transfer to thel Electric Capital Project Fund (47) $ 85,000 $1,115,000 $1,200,000  31-3970-0000 Electric Fund Fund Balance  4 452,152 $1,115,000 $1,567,152  To fund second transformer at substation (purchase andi installation) as approved at the February 2, 2016  Council meeting. 7. Exenditures  31-7230-7400 Electric Capital Outlay 31-9990-5300 Electric Contingency  466,000 $ 50,000 $ 516,000  618,745 $1,084,745  (50.000)  568,745 $1,084,745  To fund increased cost for pump station #3 upgrade 31-7230-7400 Electric Capital Outlay  8. Exenditures  516,000 $ (150,000) $ 366,000  31-7230-9099 Electric. Transfer to' Water Capital Project Fund  150,000  150,000 516,000  516,000  To transfer pump station #3 upgrade on NC210 Sewer Line Project tot the Water Capital  Project Fund 9. Revenue  WATER CAPITAL PROJECT FUND  45-3980-1400 Transfer From Electric Fund 45-7220-7414 NC210 Sewer Line and PS#3 Upgrade  $150.000  150.000  Expenditures  $265.000 $ 150.000 D 415.000  To transfer pump: station #3 upgrade on NC210 Sewer Line Project tot the Water Capital  Project Fund 10. Revenue Expenditures  ELECTRIC CAPITAL PROJECT FUND 47-3980-14007 Transfer From Electric Fund 47-7230-7406 Substation 2nd Transformer  85.000 $1.115.000 $.1.200.000 85.000 $1115.000 $1,200.000  To fund second transformer at substation (purchase and installation) as approved at the February 2, 2016  Council meeting.  135    Approved by the Smithfield Town Council this the.  day of March, 2016  M. Andy Moore  ATTEST:  Shannan Williams,Town Clerk  136    TOWN OF SMITHFIELD RESOLUTION#577 (04-2016) AUTHORIZING THE SALE OF CERTAIN PERSONALPROPERTY 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 NC GS 160A-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 of the Town:  Dept. Gen Gov NTDU82/NTDU92 Gen Gov T7316 Gen Gov T7298 Gen Gov Gen Gov Gen Gov Gen Gov  Vin/Ser.#  Description  52) Nortel Network Telephones 10) Nortel Network Telephones 2) Nortel Network Telephones 3) Key indicator Modules Assorted Power Supplies & cables for telephones Assorted Desk Stands for telephones 25) obsolete desktop computers -hard drives removed  2. The 25 obsolete computers will be disposed and recycled instead of 3. The Interim Town Manager or his designee is authorized to receive, on behalf of the Town Council, bids via public electronic auction for the The public electronic auction will be held beginning no earlier than March  auctioned as they have no real value.  purchase of the described property.  4.  14,2016.  5. 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.govdeals.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  137    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  they will be subject to resale.  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.smthfeld-nc.com  6. The highest bid, if it complies with the terms of the sale, may be accepted by the Finance Director or his designee and the sale consummated.  Adopted this the 1st day of March, 2016.  M. Andy Moore, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  138    E mmm    Bi:  ::   008  140            Town of Smithfield Town Council Action Form  Item: Board Appointments Date of Meeting: March 1, 2016 Staff Work By: Shannan Williams  Date Prepared: February 15, 2016 Presentation: Consent Agenda  Presentation:  Current Board vacancies are as follows: Appearance Commission - 4 positions Parks and Recreation Advisory Commission - 2 Positions and 2 High School student positions (2 year term) Planning Board-1EDARernate Position  Board Appointment Considerations  1. Carolyn Ennis has submitted an application for consideration to be reappointed to serve 2. Terri Lee has submitted an application for consideration to be reappointed to serve a  af fourth term oni the Library Board of Trustees. secondterm on the Library Board ofTrustees.  There have been no other inquiries at this time.  143    144    NORTH  SMITHFIEVD  CAROLINA  Town of Smithfield Board, Commission, or Committee Application  Name: Home Address:  Enais  Caralyn  G.  (Last)  361 Pune JAY hayhlmc. 4477 :  Business Name & Address: Thotm Ce behn, p,8. B/336 BntplC23  Telephone Numbers:  (Home)  (Mobile)  (Email)  Please check the Board(s) that you wish to serve on:  o o a a K  Appearance Commission Board of Adjustment In Town Resident Board of Adjustment ETJ Member Historic Properties Commission Library Board of Directors  0 a 0 0  Parks/Recreation Advisory Commission Planning Board In-Town Resident Planning Board ETJ Resident  Other:  Interests & Skills dany 6th Cnankane wt  Circle highest level of education completed: (High School) 10 11 12 GED COllge12345 567  Recent Job Experiences: bdueofn  Civic or Service Organization pmefatlunhst gnn aign  fhantm Gany  Lulalg Venkepattt attk lnt Brtn ANET, Mavvynu Boards previously served on andy year(s) served: fhmy D Hiley Gnuin (2)5  feye Town  y  Please list any other Boards/Commissions/Committees on which you currently serve: Healey Commussin  145    Why are you interestedi ins serving  VAL a Ep: Luy CLR Cins tpmk tw 4423  Affirmation of Eligibility: jurisdiction?  Has any formal charge of professional misconduct, criminal oYes Wolfyes, please explain disposition:  misdemeanor or felony ever been filed against you in any  Is there any conflict of interest or other matter that would create  discharging your duties as an appointee of the Smithfield Town Council? problems or, prevent you from fairly and impartially  a Yes No Ifyes, please explain:  the lunderstand best of my this knowledge. application is public record and Icertify that the facts contained  statements important  lauthorize and consent to  in this application are true and correct  contained herein as deemed appropriate and background if  checks and to the investigation and verification to to any Council oaraCommisonCommite any  qualifications to be investigated and release all investigation. I understand and oardCommisoncommise body that this is cause for removal. Lacking and requests for updates will be  necessary. further authorize all information parties from all liability for any damages that my attendance is less than the standards established appointed. This form will remain on file in the Office my seat on any  of all concerning my may result from this is for any such of the City Clerk and understand its  agree that any misstatement  I understand regular attendance may be cause for my removal from  and, accordingly, 1 further understand that if  itis expected that I will attend at least 75% any of written standards for attendance by any PardCommisioncommie. sought prior to any consideration for reappointment  oaruCommisonCommiee to which I may be all meetings during any one calendar year oarauCommisowv.comniw. to maintain  contents.  Further, I have received a copy of the Policy adopted (or 03-04-2008 future appointment) to any  Printed Name: Cardln G.Fanis Signature: bdphZas  Return completed fort to: Shannan Williams Town Clerk P.O. Box 761 Smithfield, North Carolina 27577  -74B  Phone: (919)934-2116 Fax: (919)989-8937 E-Mail:  mamstadmmasssn  Applicants are required to be a resident of the Town of Smithfield for  and within the Town's ETJ for ETJ positions In-Town positions  146    SMTHFIEID  NORTH CAROLINA Town of Smithfield Board, Commission, or Committee Application  Name:  Lee (Last)  Terri (First)  S (MI)  Home Address: 316 Rosewood Drive, Smithfield, NC 27577  Business Name & Address: Johnston Community College, PO Box 2350, Smithtield, NC 27577  Telephone Numbers:  919-209-2125 (Business)  (Home)  (Mobile)  Please check the Board(s) that you wish to serve on:  9 9 9 9  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: Please see attached resume.  Circle highest level ofe education completed: (High School) 10 11 12 GED College 1 23 4 56)  Recent Job Experiences: Please see attached resume.  Civic or Service Organization Experience: Neuse Riverkeeper Foundation  Town Boards previously served on and year(s) served: Public Library of Johnston County and Smithfield, 2013-Present  Please list any other Boards/Commissions/Committees on which you currently serve: N/A  147    Why are youi interested in serving on this Board/Commission/Committee? I believe the Library Board of Directors would be an excellent opportunity for me to use my skills and education in order to give back to my community. Asa young child, the PLJCS fostered my love of reading and books, and I would like to help others inmy  community achieve the same rewards from our public library.  Affirmation of Eligibility: jurisdiction?  Has any formal charge of professional misconduct, criminal misdemeanor or felony ever been filed against you in any  9Yes 9(No)f 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? 9 Yes 9(No) Ifyes, please explain:  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. 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/Committee. I understand regular attendance to any Council Board/Commission/Committee 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 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/Commissionission/Commitee 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/Committee. Further, Ihave received a copy of the Policy adopted 03-04-2008 and understand its  contents.  Printed Name: Terri s. Lee Signature: Jimf(er Return completed for to: Shannan Williams Town Clerk P.O. Box 761 Smithfield, North Carolina 27577  Date: 2/19/2016  Phone: (919)934-2116 Fax: (919) 989-8937 E-Mail: shannan.wllams@smthfel-nc.com  Applicants are required to be a resident of the Town of Smithfield for In-Town positions  and within the Town's ETJf for ETJ positions  148    TERRI S. LEE, ED.D.  316 Rosewood Dr. Smithfield, NC: 27577 WoRK HISTORY 2000-Present  Johnston Community College, Smithfield, NC Director of Research and Institutional Effectiveness (2012-Present) Director, Instructional Technology and Distance Education Center (2004-2012) Librarian (2000-2004)  EDUCATION Doreivalrs MenI  - EE CET snt   FE u    Martin Memorial Library, Willamston, NC  1999-2000 Branch Librarian 1998-1999  Carolina Population Center, Chapel Hill, NC Technical Services Assistant Johnston County Schools, Smithfield, NC 1997-1998 Substitute Teacher 1995-1997 English Teacher Davis Library, Chapel Hill, NC 1994-1995 Student Assistant  VNBa FE u h n E Batht StAL UNVEINAN pon E Son   CE aon!! MHEES ARM nE  East Montgomery High School, Blscoe, NC  T'ECHNICAL COMPETENCIES Microsoft Offiçe Sharepoint NVivo SPSS EndNote NCCCS Data Warehouse Skilled Knowledge Worker Survey Monkey Prezi  Echo 360 BlackboardLearn (Instructor & Administrator) Moodle (Instructor) Google Apps for Education Administration Camtasia Jing Screencast.com  Snag It Adobe Acrobat Professional Adobe Photoshop Blackboard Collaborate Moderation Audacity SoftChalk Respondus  C Continued 4  149    TERRI S. LEE, ED.D.  Page Two  POPESSOMALAPIATIONS (PAST & PRESENT)  Community College Planning & Research Organization  North Carolina American Association of Women in Community College INCAAWCG-Membernp North Carolina Community College Association of Distance Learning (NC3ADL)- Central Region Vice  Chair. President.  North Carolina Distance Learning Association (NCDLA).  North Carolina Distance Learning Alliance Conference Planning Committee. Community College Libraries in North Carolina (CCLINC) Dstnict/nepresentative Community College Libraries in North Carolina (CCuNC)Cataloging: Subcommittee. North Carolina Community College Library Resources. Association (NCCCLRA). Library and Information Studies Student Association, UNC-Greensboro - President.  North Carolina Library Association. American Library Association. Association of College and Research Libraries. New Members Round aDe/Amencantibrany Association. NMRT Resume RevlewingCommittee- - Co-chair.  PUBLICATIONS  Holston,T.S.(2001). [Review oft the book Library evaluation: Acasebook and can-do guide by D.P.Wallace  and C. VanFleet). Reference & User Services Quarterly, 41(1), 88. Semenza). Reference & User Services Quarterly, 39(3), 318. Burke). Reference & User Services Quarterly, 39(2),209.  (2000). [Review oft the book The librarian's quickguide to internet resources byJ.L. (1999). [Review of the book Intronet: :A beginner's guide tas searching the internet byJ.  PRESENTATIONS  Am IDone Yet? Preparing' Your QEP for Dissemination and Presentation, Community College Planning & Integrating Technology & Keeping the Course 'Current,' Building Bridges for First Year Student Success Drive- MMORPGS: What They Are and' What Distance Educators Can Learn From Them, Distance Learning Alliance Cruisin' the Conneçted Campus, League for Innovation Conference on Information Technology, Miami, FL, Cruisin' the Connected Campus, North Carolina Community College System Conference, Greensboro, NC,  Research Organization, Greensboro, NC, November 12, 2012  Inc Conference, Raleigh, NC, June 22, 2010. Conference, Asheville, NC, May 24, 2007.  November 9, 2004. October1 12,2004.  150    Town of Smithfield Town Council Action Form  Consent Item: North Carolina Eastern Municipal Power Agency (NCEMPA)  Board of Commissioners Appointment  Date of Meeting: March 1, 2015 Staffv Work by: Shannan Williams, Town Clerk  Date Prepared: February 19, 2016 Presentation: Consent Agenda  Consent Agenda Item:  The Town of Smithfield is allowed to appoint one Commissioner and up to two Alternate Commissioners to the NCEMPA Board of Commissioners. Interim Public Utilities Director Pete Connet is currently serving as the NCEMPA First Alternate Commissioner. Historically, the Town Manager has served as the Commissioner and the Public Utilities Director has served as the  First Alternate Commissioner on the NCEMPA Board.  Action Requested  Staff is requesting that the Council consider appointing Public Utilities Director Ted Credle to serve as the First Alternate Commissioner to the NCEMPA Board of Commissioners.  151    1501.56 Smithfield  OATH  I,  do solemnly swear that I will support and  maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina, not inconsistent therewith, and that I will faithfully and impartially execute and discharge the duties of my office as first alterate commissioner of North Carolina Eastern Municipal Power Agency, and that I will adhere to and abide by the ElectriCities' Ethical and Professional Code of  Conduct, so helpr me God.  First Altemate Commissioner  Sworn to and: subscribed before me,  this  day of  2013.  Notary Public My Commission: Expires: (NOTARY: SEALHERE)  152    Town of Smithfield Town Council Information Form  Item: Date of Meeting: Staff Work By: Background  Filled Vacancies March 01,2016 Tim Kerigan, HRI Director  Date Prepared: Fehruary 24, ,2016  Per Policy, upon the hiring of a new or replacement employee, the' Town Manger or Department Head shall report the new/replacement hire to the Council on the Consent. Agenda at the next scheduled monthly Town Council  meeting. Action Requested  The Town Council is asked to acknowledge that the Town has successfully filled the following vacancies in  accordance with the Adopted FY 15-16 Budget.  Position Public Utilities Director Fire Chief P/T Firefighter Water Plant OperatorI P/T Lifeguard P/T SRAC Staff  Department Public Utilities Fire Fire PU- Water Plant P&R - Aquatics P&R - Aquatics  Budget Line Rate ofPay 31-7230-0200 $4328Phr589.9320)0, 10-5300-0200 $33.654/hr ($70,000.32/yr) 10-5300-0210 $10.00/hr 30-7200-0200 $13.49/hr ($28,059.20/yr) 10-6220-0220 $7.50/hr 10-6220-0210 $9.00/hr  153    154    Business Items    Town of Smithfield Town Council Action Form  Item: Internet Purchase Exchange Zone Date of Meeting: March 01, 2016 Staff Work By: Chief Michael L. Scott  Date Prepared: February 10, 2016 Presentation: New Business  Presentation:  The police department is recommending the Town move forward with creating an "Internet Purchase Exchange Zone" in the front parking lot of the Smithfield Police Department. The area will be video monitored and recorded and proper signage placed in the parking lot area. The total cost of the project is about $3,000. The police department's expenditure line for fuel is under budget due to decreased costs in fuel during the current fiscal year. $3,000 can easily be moved from the department's Fuel line item to pay for this expenditure. This is a non-budgeted expenditure that was to be recommended for FY 2016-17 however, due to the cost and the availability of funds within the police department's current budget, it is recommended we move forward  with this initiative during the current fiscal year. Additional information is attached to this request.  Action Requested:  It is recommended the Town Council approve this initiative to create an Internet Purchase Exchange Zone in the front (Fifth Street) parking lot of the Smithfield Police Department. It is also requested the Town Council approve a budget amendment to move the needed $3,000 for this expenditure from the police department Fuel expenditure line to the police department's Equipment and Maintenance expenditure  line to pay for this project.  155    TO: FROM:  Jim Freeman, Interim Town Manager Michael L. Scott, ChietofPolice  SUBJECT: Internet Purchase Exchange Location  DATE:  February 10, 2016  The police department was conducting research into budgeting for a camera system to create an Internet Purchase Exchange Location in the front parking lot of the Smithfield Police Department. The costs were cheaper than anticipated and can be completed in the current budget, if a budget amendment is allowed, moving $3,000 from the Fuel Expenditure Line, 10-5100-3000 to the Police Departments Expenditure Line, 10-5100- Attached is a quote from Carolina Phone and Security, a company the police department currently uses for its evidence room security alarm and was previously used for the creation and installation of the alarm and video monitoring system in Town Hall about The new system would locate a monitor in the reception area of the police department, and a second monitor in the Johnston County Communications Center. This would allow for 24/7 monitoring of the exchange area. The video is also recorded on a hard drive computer system. The system will be set to record over previous data when the hard drive is full. We anticipate we will be able to maintain between seven and fourteen days of video recordings on the hard drive. This should be more than adequate, as if a situation does take place it will likely come to the attention of law enforcement within this time Signs will also be posted at both entrances oft the parking lot area, declaring the area as an Internet Purchase Exchange Location. A model oft the sign used in Apex is included. Itis anticipated our signs will be similar. Information will be advertised on the Town's website and the police department's face book page. Information will also be included in  1700 Equipment Maintenance and Repair.  three years ago.  period.  the Town's) News Letter once installation is complete.  156    Smithfield Police Department Interoffice Memorandum  Date: 02/05/2016 To: ChiefScott From: Captain Powell  Subject: Video Recording for front parking lot  The proposal from Carolina Phone and Security is for $2,620.00 to install two new cameras and recording system at the police department. This would allow for a secure. location sO that citizens could meet to make transaction or child custody swaps. Twoadditional computer monitors will need to be purchased to allow communications and the receptionist at the police department to view the video footage. The View Sonici monitors are $129.99x 2 equals $259.98. Two signs marking the parking lot as a designated exchange location are $34.50x 2 equals $69.00. The total cost of the project would be $2,948.98.  157    Feb 10 2016 10:26AM HP LASERJET FAX  919-735-9126  p.2  Carolina PHONE &A ALARMS, INC. 1227 Royal) Ave. Goldsboro, NC27534 Phone 919-734-1839 Fax919-735-9126 Email: forrster@epans.som Web:www.panc.com Access Conzolviaesatélyl inspecions hatercons  Ruralar Alarns Fire. Alamss CCTV Systems Husiness Telephone Systems' Structured' Wiring  PROPOSAL February 9, 2016  Specially Prepared For: Smithfield Pollce Department  We propose to furnish and install the equipment described below to provide:  Video Surveillance for the Front Parking Lot  -(1) Speco 4 Channel Covert DVR with bullt In Power Supply and 1Terra Bite of HDD Memory (2) Outdoor 1080P 2.0MP Day/Night (color at night) Bullet Style Color Camera Other miscellaneous hardware to completethe installation We will install the camera and new DVR to view the front parking area of the Police Department We will reoonnect the front door and rear door cameras to the new DVR. Connecting the DVR to your LAN to be done with the assistance of IT personnel.  Soope of Work  Installed Total: $2,620.00  Option: Install an 8 Channel DVR w/power Siupply and 2 TB of HDD Memory - additional $315.00 AH work to be completedi in a workmanlike manner acayelig to standadd practices Any alteration or deviation froma above specifications involving extra casts w be executed anly upon written orders, andi will become ane extra charge over anda above the estimate. Oney year parts & labors waranty (except for acts of God, vandalism and abuse). This propasal may be withdrawn  iar  byu us mot eccepted within. 30 days. Respectfully Submitted By:  Andy. Forrester *) : H.  Accepted By:  Date:  4e. "w;  158    speco technologies  HD ERI TVI  ES R SEARCH  1080P HD-TVI VT Wall Mount Digital Video Recorder D4WVT, D8WVT, D16WVT Basel Walll Mount Model D4WVTM, Walll Mount with Bull-n Monitor D4WVTP, D8WVTP Wall Mountv with Buit-n Power Supply D4WVTPM, D8WVTPM Wall Mount with Built-inF Power Supply and Monitor  15 L 1-11.6W-1 WVI,WVTM  D8WVTM, D16WVTM  17H  o 3.60 13.5W- WVIRWVTPM  Patented Design  Storage 1TB -8 8TB (seel last pagef for modelr numbers)  Features EZI Wizards Setup: for qulcke system setup Network: networks selup andp porttorwarding Record: quickly selupr recording resolutions andr recording type EZ Search: quickly searche events from thumbnails EZ Copy: auto oopy what) you arep playing onto al USB flash drive 1080p @ 15fps/720p @ 30fps over opax (HD-TVI) ore electrical rooms for oovertis installations Backwards compatible with alle anslogo cameras Signal distanceu upt tot 16001 feet" Video Out 1HDMI, 1VGA, 1CVBS H.264 video compression Nelworkable DVR witht free Speco DDNS server Digital Deterrent" supports upt to8e audiof flest fort triggering during sensor orr motlon detection 2-way audio communication Built-in S.M.AR.T. Technology 4 channel audlor recording Covertcamera operation provides enhanced security and edministrator control Password tos secure installation authorization  Switch! between! low end! higho quality stream durings simultaneous Smart (Museum) Search- Quickly searchf for a specifio video event without Easy fimware upgradek by USB, port orr network Instant and convenient! backup vial USB1 fash drive orr network Supports multiple PCI based browsers such asl Intemet Explorer, Google Chrome, Firefox end Safari Simultaneous playDackrecord whlle continuingt tor networkt transfero orb backup User Access: upt to 4 concurrent users forli live viewing, 1 user forp playback Remote monitoring/ Irecording/ /piaybec/confguration /software upgrades end PTZ control viai intemet SecuraGuard" Plus, Web-Mewer and Speco Player Mobile Vewer PC and! MAC compalible IRr remote control andr mouse included Digital watermarking 3 year warranty  Apatented DVR solution that easilyr mountsi ine equipment closets Continuous + Motion or Conlnuous + Sensor recording modesf for  storage optimization  UTCf function allowst forz zoom/focus and OSD control over COAX ther need forr motions setup.  (Se"-Monitoring, Anslysis and Reporting Technology for HDD) Network acceasibles via SpecoTechl Multi-Client Software,  Free/ Apps with support forv viewo on mosi smant devices. iPhone Isau trademark OfA Apple Inc., reglslered Inl lhel U,8. ando other countries. Androidisa atademark ol Googlel Inc.1 Thel lerms HDMI Optional Accessory and! HDMI High-Defnlitionn Muluimedial Inlerface. andi thel HDMI Logo aret tredemarks or regisiered trademarks of HDMI Licensing! LLCI Ini the United Slates and other countries, SpecoT Technologles Isc conslantlyo developing: andu improvingp producis. Wen reserve then rightt tor modifyp product designe and specificalions witnoutr nolce andy withouti incuring any obligation. Rev. 10/14/15 Top preserve signal qualily andd distence, SpecoT Technologles recommends using coax witha a1 100% copper cenler conductor anda atleast 9546 braidedo coppers shleld,  IRRPTKIT IRR Repealer Kit  Homr  800-45-S516-Fax 8.45741420r634957480-spaculechcon  159    Technical Specifications:  speco technologies 1080P HD-TVI VTI Wall Mount Digital Video Recorder  Channel InputLevel BignelFomet VideoLoss Check. HDMI VGA CVBS/6pet Au Sensofhnuts Alimoup:  16  Campashe, 1.0Vp-p. 75ohms NYSCIPAL Vu. 1HDM/(1024x768, 1280x120, 128011024,1 1920x1080) IVGA (1024x766, 1280X720, $280x1024, 1020x1050) 1mainari spot Alhpusilntontpu G.711 4channe (NCNOS selectable) 1alammoutbys sensor, mmotion videok loss, HODI terperature adHDDI falure H.264 QUADPLEX (play/n recordl /nswork/backup) 120ips 240ps 24dips Motiond deleclion selupbygrd Yes Mex 20minutes Mex. BOseconds 1,4,8 BerlATA 4TB Vdeoas Si inage Videoasilimage MdeosSllimage GUI IR,Mouse, Keyboardo Coniroller 10/100B8s0-T CIF1 15psichannelmax Uve. Scarch, PIZ. 2-WayAudio Delaul +uplo Bcusloma audiaf fles Yes Yes Yes Ves Byvideoloss, HDDe enor Engiah/Spuaia/Fsich Yes(rees Speco DDNS) USB andramoles sofwareupgreds Yes Yes APP-ETI-EANA 14F-122"F wrasBwwIABawR 12la.WWIPI123B3 WWT/WTM "xIS00xaS DWWTP/WWIPM BSFWAMIPPaSO)  PTZ 1080pTVI sohuuo 720pTVI 960KA RecprgMdde: Mqtgnba asplutioh  60ps 120/ps 120lps  240ps 480tps 480fps  Conlinuous/Echedulel INsan/Sansat/Miwat Continuous* Molea/Coninyous Sensor  1,4  1,4,9,10  EZSearch, Smart (Museum)s Search, Timaine, Event, Lop  Type CapachyofiHDD AtomeHDD USBF PlashOrive  10/100/1000Baye-7  IntemelE Explarer, Chrome, Firelox, Safariçive, Search, Backup, PIZ, Remote Selup) BpecaTech Mul-Clent Vewere ands SecureGuard Phs CMS (Live, Search,B Backup, PIZ,R Remotas Salup) SpecoclantforA MAC ands SecureGuard" GMS (Live. Searth, Beckup, PIZ, Remotes Belup)  DS  mAs Rrotaco). 496. Malghg: UDimeoslps KH*D)  12VDC,3A  12VDC,5A  Please notel thats spedticalions andu unhe exterfor designa ares subjedtt to changev wilhoutmouncation.  004555-Fac8314514H24/81497-880-spaculech.com  Rev. 10/14/15  160    161    specotechnologies  IntenstierTHD-TVI 1080p 2MP iIndoor/Outdoor Bullet Camera HTINT70T 2.8-12mm auto Iris varifocal) lens.s dark grey. housiog. HTINT701T 3.6mm fixed lens, dark greyl housing Features FullHD resolution over coax (HD-TVI) Supports upt lol Fulll HD1 1080p @ 30fps True WDR oparalion Superiorl low-lightp performance Amplifye existing! lightv with noc distance limltation Withp presets: Indoor, Outdoor, Lowl Light, Lobby, Elevator Heater circuity ands anti-moisture glassr reducef fog or condensation undera any weather condition 3-axist forv walle and celling mounting Full OSD operationt through on-board control and UTC (upt the coax) 12VDC &2 24VAC dualv voltage operation Vandal /tamper resistant IP67 compllant 5year warranly Camera Specifications Image Sensor. Minimum llumination.... 0.001 lux Effectivel Pixels. Total Pixels. Scanning System.. Is Progressive SNF Ratlo. Video Output.. WDR. Day/Night.. Whitel Balance, Brighiness... AGC. Sense-up. Backlight.. Motion Detection.. On/Of(4z zones) Privacy! Masking.  HD INT WOR FULL <  HD HEATER IP67  3.94" (W)  8.27"(L)  334  aa On/Of On/Of 0-2 20( (adjustabla) On/Off O#/Low/Middle /High UTC (upl the coax) 12VDC/24VAC dual voltage (power supply notl Included) 3.94" (W)x3.94"( (H)x8.27'(4) 3.11 lbs FCC, ROHS  Camera Speclfications (continued) Mirror. V-Flip. Sharpness. Lens Shading.. DNR.. Test Monitor Output..m CVBS Communication. Operating & Uni! Specifiçations Operating Temperature.. 4F-140°F Operating Humidity.. 20%-95%F RH Unlt Dimensions Unit Welght.. Certifications.  1/3" Sony Exmor CMOS, 2,0MP 1984 (H)x1105) 2000 (H)x1121 (V) More than 50dB 1.0Vp-p/76 Ohms On (Low! /Middle /High)/Of Autol /Color/BW/Exlemal Auto IAWB IAWC-Set/ Manual 0- 20( (adjustable) 0-2 20( (adjustable) 2x-3 32x (adjustable) BLC/HSBLC On/OF(162 zones)  Output Resolution.. 1920x1080 @30fps/1280x720 @ 60fps Electronlc Shutter., Auto Manual (1/30-1 1/30,000 sec.)/ Flicker Power.  Power Consumplion. 12VDC, 500mAn max, 124VAC, 195mAmax.  Optional Accessories  INTJBS  INTCM  CVCJBB  P8W4  PSW6 12VDC  Squere ComerPolo Bullet Camera 24VAC JunctionE Box Adaptor Junction Box Power Supply Power Supply  SpecoT Technologiesi isc constantiy developing andi improving producis. Wer reserve ther righit tor modily produc designe and specifications Wthout natice andv withouli inçurring anyo obligation. Spec Rev. 3/16/15  :  162    Amazon.com: ViewSonic VA2446M-LED 24-Inch LED-Litl LCD Monitor, Full HD 1080... :  IyPame Elecironics 241 inch monitor  Snopby Department-  Shopping! Hslory- Michael's Amazon.com Today'sDeals  Hello. Your Michael Account Prime- y  Youc Liets"  Cart  AIIE Electronics Deals BestSellers TV&Vdeo Audio8Homel Theater Computers CamerasPholo WearablaTechnology CarEledtonicaaGPG  amagonbushess FREETwo-Days Shipplng  *Leammore  ony your! businoss purchasos.  Backk los search resuiskZinhmanier  ViewSonic VA2446M-LED 24-Inch LED- Share litirni Mnnitnr Enll HD 1080p,  240+ Shares Qty. 18: Yes,lwent FREE1 Two-Day Bhippingv with Amezon Prime include4 4-Year Protectiont for $29.99 Oinelude2-Years Prolectionf for $B.88 AddtoCart Tumon! 1-Cick orderingfork Mhisb browser Shipt to: Michael Scott- SMTHFIELD AddioLIst OtherSellers onA Amazon $129.99 +Frees Shppng Ssep pricein cart+Free AddtoCer Soldby: Galactics $143.30 Free Shipping Soldby: porush-outlet 67uaed&n ney  VESA "eviews hipping. Delalls within 26 hrs 36n mins and ackout. Delails som. Git-wrape available. 7-Inch 89.08  ED: 10M:1 Dynamic Contrast 1Aspeci Ralio; Automatic enoli included) Omm  AddloCart  wI IRw  0144.10 Brelurbishedf from $114.39 Soldby:F PCNetion ViewSonic VA2445M-LEO: 24-inch SoreenLED-Lit Shipping  Rolo overi imeget tozoomhn  There is a newer model of thlsi item: Monitor $138.99 (81) Ins Slock. 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Product Information Size:24-nch Technical Details Summary Screen Size Max ScreenF Resolution- Olher TechnicaDetais Brandi Name flem modelnumber Operating System ilem Weighl Product Dimensions llem DanensionstxwXH Color Technical Specification (PDF]  Collapse al Additional Information  ASIN Customer Revlews Bests Sellers Rank Shippingy Weight Oomestlc Shipping Inlemallonal Shipping Date First Avalleble Warranty &Support  B0OD601UCB reviewe- W166inComputersi &A Accessorles (Seet top1 100) #28in Computers & Accessorles> Monitors 10.8pounds (Views shipping rates andpolicles) This Remise Biso availablef for shippingtos select countries oulside theU.S. This Remo cant be shippedt to select countries outside ofthe U.S.Learn More June3,2013  24inches 1020x-1080- ViewSonlc VA2446M-LED NIA Opounds 83x225x158inehes 83x225x158lnches Black  B75customer  Product Warranly: Forwerantylhtomalon: about! 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Forwalstsize 34" orr more) Size: Reguler- For wais S4'ormote Move 1Used8 & Newf from $88,95 Addc commpnts. quentitye & prioriy sheets (PIX2 201980) $16.99 InStock SUsedSNptrons $10.00 / Addçpmenls, quenlty8pforiy  p  AddtoCart Move Delete  Sees alll buyingo options Move  Delete  Addedo December9, 2015 See allb buyingo oplions  Delete  Pentax Letter Size Paper, 19p AddedJ January3,2012  AddtoCart Move Delele  Customers Who Bought Items in Your List Also  Bought  165    Apex provides safe place to meet for online sales [abclI.com  Page lof4  FYEWITWESS GONEWS  SearchOurSite NN 48° Raleigh,NC  Go  CLOUDY (mT)  SECTIONS : TRAFFIC  VIDEO  BREAKINGNEWS Woman injuredi inf Raleighhousefire DON'TLET  E  WE ARE  TOCAT YOUR2016 SUCK  JOIN NOW  NEWS  NEWS Doctor Accusedo ofl Lashing Outa at Uber Driver Speaks Out Updatedsecondsago  APEX PROVIDES SAFE PLACE TO MEET FOR ONLINE SALES  Onel Killedincrashwestof Garner Updatedseconds: ago Womani injuredinRaleigh houset fire Updated2 28 misago Couple reaches pleac deal int toddler shooting case Updated37n minsa ago Danish ManT Tests Positivet for ZikaVirus Updated41r minsago MORENEWS  INTERNETI PURCHASE EXCHANGE LOCATION POLICE MSITOR PARKING ONLY  online. Apexp hhuspteret (Apex PoliceD Department) Shere G+l Tweet  tocomaxttansctionsds goods boughta ands sold  TOPSTORIES  Wednesday.. January2 20.2 201604:15PM thel Internet.  Onel Killedincrashwestof Garner Updatedsecondsago Womani housef fire injuredi in Raleigh Updated2 28minsa ago  APEX(WTVD): - The Apex Policel Department nowh has ana areai int the police department parking loty wherey youd cant finalizes sales ofi itemsy youl buya ands sellon The designated areai isi int thes small lot besidet thep police department: andi is under 24-hour surveillance." Therea aret twoy parking spaces designated as anl Internet  Exchangel Location.  166    Town of Smithfield Town Council Action Form  Business Item: Consideration of Award of bid to S&C Electric Company for the purchase of (1) Circuit Switcher in the amount of $89,521.00 as part of the second transformer project at the Brogden Road  Substation.  Date of Meeting: March1 12016 Staff Work by: Pete Connet, Rodney. Johnson  Date prepared: February - 11, 2016 Presentation: Consent Agenda  Item:  This is part of the Brogden Road Substation Project and is included in the overall budget for this Capital Project. The Circuit Switcher is installed on the power line that delivers power from the Duke Energy Progress (DEP) transmission line to the second transformer. It acts as a circuit breaker to protect DEP's transmission line from any problems that we may have at the substation. There is ai fifteen to eighteen week delivery time on1 this equipment, which puts delivery about mid-June or early. July. Thei informal bid prices ranged from a low of $89,521 to al highof$95,787.  Action Requested:  Receive the informal bids taken on January 26, 2016 and award the purchase of (1) Circuit Switcher to S&C Electric Company in the amount of $89,521.00 as part of the second transformer project at the Brogden Road Substation, per the Engineer's lettero of recommendation, which is attached.  167    SoothsAsocClatesug  NGNTE englneering fort thef future since 1960  February 9, 2016  Mr. Peter T. Connet Town of Smithfield 350 E. Market Street P.O. Box 761 Smithfield, North Carolina 27577 Subject:  Circuit Switcher for Brogden Road Substation Expansion Bid Evaluation and Recommendation  Dear Mr. Connet:  Informal quotations were received from three (3) representatives of S&CI Electric for the circuit switcher required for the Brogden Road Substation. Based on our review, we feel all ofthe bid quotations received should be considered valid offerings. Enclosed is at tabulation ofthel bids  received.  S&C Electric Company is the low evaluated bidder for the circuit switcher. We recommend the Town of Smithfield, North Carolina; issue a purchase order to S&CElectric Company for the purchase ofoneC)eirultswicher: forthet total purchase price Enclosed is a sample purchase order for your use in ordering the circuit switcher. Alsoe enclosed are thej proposals foryour files. IfIcanprovideany: additional information,  of$89,521.00, which includes delivery.  please call me,  Sincerely, BQOTH & ASSOCIATES, LLC 2L Joshua E. Hopkins, PE  jeh/spc Enclosures 15-8046-8008  5811 Glenwood/ Avenue 919.851.8770 office Ralelgh, NC 27612 919.859.5918 facsimlle www.boolh-amo.com 168    a  3)  a K O Y  B  169    SAMPLE PURCHASE ORDER  FEBRUARY 2016  VENDOR sac Electric Company 6601 N. Ridge Boulevard Chicago, IL 60626-3997 Attn: Cristina Ochoa Phone: 773-338-1000 Fax: 773-338-7020  SHIP Town of Smithfield TO 350E E. Market Street Smithfield, North Carolina 27577 Attn: Mr. Peter T. Connet Phone: 919-934-2798  SCHEDULE  QUANTITY  DESCRIPTION  JOB  UNIT PRICE LINETOTAL  SaC Catalog No. 9703AEI2M2ATTZYWIY Series 2000 Circuit Switcher, Model 2040. Horizontal Interrupter and without Disconnect 230kV, 1200 amp, 48 V dc Operator Control Voltage, 144" Mounting Pedestal, 120" Phase Spacing, 240v, 60 Hz, Thermostat for Brogden Road Operator, Space heater Thermostat for Substation Operator, Position-lndicating Lamps, Expansion Trip Circuit Monitoring Relay, Loss of Voltage Relay (dc), Duplex Receptacle with GFI and Light, Eight additional Nonadjustable Single-Pole Double- Throw Auxiliary Switch Contacts, Local Remote Selector Switch, including (12) per. Anchor Bolts, sac Catalog No. S-  $89,521.00  $89,521.00  81365-1  TOTAL $89,521.00  DELIVERY 15-18 weeks ARO  170    CHAPMAN COMPANY  January 26, 2016  To: From:  Booth & Associates, Inc. Kelly Tippins  Attention: Josh Hopkins, PE  Subject: RFQ-S&C Electric for Town of Smithfield Reference: Our Quote 2040KJT-Smithfield  Dear Josh:  On behalf ofS&C Electric, we are pleased to offer the following proposal for your consideration.  Item 01  Oty  Description  Net Price Ea. $93,997.00  S&C Catalog No. 697031AE12H2KMTT2VWIY Series 2000 Circuit Switcher, Model 2040 Horizontal Interrupter and without Disconnect 230kV, 1200 amp, 48 V dc Operator Control Voltage, 144" Mounting Pedestal, 120" Phase Spacing, 240v, 60 Hz, Thermostat for Operator, Space heater Thermostat for Operator, Position- Indicating Lamps, Trip Circuit Monitoring Relay, Loss of Voltage Relay (dc), Duplex Receptacle With GFI and Light, Eight additional Nonadjustable Single-Pole Double-Throw, Auxiliary Switch Contacts, Local Remote Selector Switch, including (12) per Anchor Bolts, S&C Catalog No. S-81365-1  ...continued  171    Josh Hopkins S&C Electric Co. Town of Smithfield, NC  Page 2  Standard] Lead Time: Shipment can be made in approximately 15-18 weeks after receipt of your formal purchase order, based on Standard Lead' Time. All shipping estimates are subject to prior sale Terms And Conditions of Sale: Any order or orders based on the quotation (I)a are subject to acceptance by S&C Electric Company only at its general offices in Chicago, Illinois; (2) are subject to S&C Electric Company's Conditions of Sale, which are defined in full under "GENERAL" in S&C Price Schedule 150; and (3) should be made out to S&C Electric Company in care of:  ofmaterial and/or manufacturing capacity.  Robert W. Chapman & Company Post Office Box 240748 (28224) 1338 Hundred Oaks Drive, Suite "D" Charlotte, NC 28217  The following are excerpts from S&C! Price Sheet 150, "Standard Conditions of Sale," dated  September! 29,2014  Termso ofPayment: Net 301 Days  Terms ofDelivery: (1)Risk ofLoss. Unless otherwise agreed, for all shipments, risk ofl loss ofthe products or any part thereofshall pass to the immediate purchaser upon delivery to the common carrier, but seller will assist immediate purchaser in submitting claims for loss or damage. (2). Allowance for Freight. Deliveries within the United States except Alaska and Hawaii (The! Lower48). For orders with net value of $5000.00 or more, prices include freight by seller's selection oftransportation, to common carrier delivery point nearest first destination. For orders with net value less than $5000.00,  freight is collect, or prepaid and added to the invoice. *This quotation is firm for acceptance within 30! Days.  *Quoted in accordance with email request from Booth & Associates, Josh Hopkins. Ifv we may assist you further, please do not hesitate to contact us. Thank you for the opportunity. We  appreciate your business. Best regards, Kelly Tippins Kelly Tippins  cc: Cristina Ochoa-S&C Electric Co./Chicago, III Joe Costner-Chapman Co./Charlotte, NC Perry Godwin-Chapman Co./Morganton, NC  172    Standard Conditions of Sale Immediate Purchasers in the United States*  GENERAL: The standard conditions ofs sale contained herein and thes special terminators.. However, seller willa assignt toi immedhmapur.hasrorena. lusers all conditionsofsale: setf forthi inthes applicablej product-lines specification! bulletins, manufacturers' warranties that apply to such major components. All other and any supplements or modifications thereto confirmed by seller's acknow- warrantles whethere express ori impliedor: arisingby operation oflaw, course of ledgment, together with any written specifications or certifications signed! by deallng, usage oft trade or otherwise, are excluded. The only warranties are onec ofseller's authorized executivesA; shallo constitute the complete ande exclu- those stated herein, and THERE ARE! NOI EXPRESS ORI IMPIIED WARRAN- stves statement ofs seller's conditions ofs sale. In no event shall transactions! be TIES OF MERCHANTABILITY ORI FTTNESS! FORA Al PARTICULARI PURPOSE. subject to any affirmation off fact or promise which relates to the appliçation, ANYE EXPRESSI WARRANTY OR OTHEROBLIGATION. PROVIDEDHEREINIS performance, or description oftheg goods unless such affirmation orp promisei is GRANTED ONLY TO THE IMMEDIATE: PURCHASER. ANDI END USER, AS inwritinga ands signed! by onec ofseller's authorized executivesA, oris confirmed DEFINED HEREIN. OTHER THAN AN END USER, NO REMOTE PUR- by seller's acknowledgment. ANY TERMS, WHETHER IN A PURCHASE CHASERI MAY RELY ON ANY AFFIRMATION OF FACT ORI PROMISE THAT ORDER OR OTHER DOCUMENT OF THE IMMEDIATE PURCHASER, IR- RELATES TO THE GOODS DESCRIBED HEREIN, ANY DESCRIPTION RESPECTIVE OF THEIRI MATERIALITY, WHICH ARE EITHER DIFFERENT THATE RELATESTOTHB GOODS, ORA ANY REMEDIALI PROMISEI INCLUDED ROMORADDITTONALTOSBIERSCONDTONSOFSAIEASSET: FORTH INTHESES STANDADCAOTONOTNuE Theseller shalln notb bellable, in ABOVE ARE OBJECTED TO AND ARE EXCLUDED UNLESS EXPRESSLY contract, tort, or otherwise (including for negligence, breach of warranty, AGREED TO IN SELLER'S. ACKNOWLEDGMENT Acceptance oft the goods indemnity, ands strictl liability) fora any penaltyo or fora any special, consequential, shippeds shall constitute assent tos seller's conditions of sale. Ins specialt trans- indirect, or incidental damages, whether for personal injury or property actions involving a formal invitation to bid and ai formal award by purchase damage, includings specificallyl but withoutl limitation, losso ofprofitso or revenue, contract, seller's conditions ofs sale apply only to thee extent not inconsistent loss of other equipment, loss off fullo orp partial use ofa any equipment or facility, NONASSIGNABLE SOFTWARE LICENSE: Certain software, computer electrical power, cost ofc capital, losso ofgoodwill, claims oft third parties, costs programs, source code, objectc code, listings, andrelatedmaterialsi Ini machine- associated with ther removal of equipment from service or reinstallation or readable or printed form, including firmware and all types of media, and all disassembly or reassembly, or similar damages, arising out of or resulting seller toi immediatey purchaser together with each product. Such! Software is NUCLEAR: For applications ina a nuclear facility, thei immediate purchaser furnished to Immediate purchaser or, ifthe product is purchased by at third and/or endu users shalll have completei insurance protection against liability and party fori installation! in third-party equipment, thee endr nser of thee equipment, property damage resultingf froma ar nucleari incident ands shall indemnify Seller, under anonexclusivel license foru uses solelyo onas singlep product, andmayn notl be Itss subcontractors, suppliers, and vendors against all claims resulting from: a purchaser shall notp provide or otherwise make available the Software ora any Selleri is required to comply witha applicable export laws andr regulations of parto of coplest thereoft toa any third party." Titleto, ownership ofa anda alle applica- the U.S.1 Fore anys sale madeu under thiso contract, purchaser shall note export, ble rights inj patents, copyrights, and trade secrets int the Software shall not re-export, distribute, download, or supply any product, component, part, transfer to Immediate purchaser or end user. Immediate purchaser agrees to and/or Software other than to the ultimate country of destination speci- takes appropriate: action byi instruction or agreement withi its employees who fied in this contract, without obtaining prior, written authorization from (1) General: Sellerwarrantstoi immedlate purchaserf forap periodoftwoyears liability tos seller,i ifseller! hasa goodi faith basis forb believingpurchaser has from the date ofs shipment thatt the equipment delivered willl be oft the kinde and violated ori intendst tov violatet thisp paragraph. manshlp andr material. Shoulda any failure toc conformt tot this warranty (ort toa any COMPLIANCEWITIHANTISRIBERYLAWS: additional warranty containedi int the special conditions ofs sale set forth int the The U.S. Foreign Corrupt Practices Act ("FCPA") and laws in other coun- applicable product-lines specification bulletin) appear under proper andi normal triess strictly prohibitt thep payment of bribes, kickbacks, ors similar payments use within twos years aftert the date ofs shipment thes seller agrees, upon prompt toinfluence business. Purchaser agrees nott tot take any action whatsoever notification thereof and confrmation that the equipment has been stored, tov wrongfully influence any decisionsi ini itso ort thes seller's favor relating to installed, operated, andi maintainedI Ina accordance with recommendationsotuhe goodss sold! hereunder, either directlyori indirectly. seller and standard industry practice, to correct ther nonconformity either by TERMS OF DELIVERY: repairings any damagedord defective parts ofthe equipment or (ats seller's option) (1) Risk ofLoss. Unless otherwise agreed, fora alls shipments, risk oflosso of byahpmentofnecssayt replacement; parts. Thes seller's warranty doesr nots apply thep products or any thereof shall to thei immediate to any equipment that has been disassembled, repaired, or altered by anyone delivery to the common partt carrier, buts seller pass willa assist Immediate purchaser upon other than the seller.' This limited warranty isg granted only to the immedlate submitting claims forl losso or damage. third-partye equipment, thee endy user ofthe equipment. Thes sellersdutytopertom (2) Allowancet forF Frelght. been paldi inf fullf for allg goods purchased by the immedlate purchaser Nos such (Thel Lower 48).1 Fororders withr netv value of$5000.00orr more, prices Include Seller further warrants to the immedlate purchaser or end user that for nearest frst destination.] Ford orders with nety valuel less than $5000.00, freightis properly usedi ina accordancer witht thep procedures describedi ins seller'si instruc- prices include freight by seller's selection oft transportation, to common carrier tions. Seller's Hability regarding any of the Software is expressly limited to delivery pointi nearest first destination within Thel Lower 48. Forordersy withr net exercising its reasonable efforts ins supplying or replacing any media found valuel lesst than $5000.00, freighti isc collect, or prepalda ande addedtothei invoice. tob bep physically defective ori in correcting defectsi int the Software duringt the (3) Fuel Surcharge. For orders withs sellerbs selection oft transportation; warranty period. Seller does not warrant the use of the Software will be paidto common carrier delivery pointr nearest first destination,af fuel surcharge pre- (2) Limitation: The warranty and/or obligations described Int thef foregoing be calculated att thet time of shipment, and willl bee equal to 0.0087590 oft the net paragraph, Including anya addltional warranty contained int thes speclal condi- value oft thec order fore every $0.061 Increase in fuel price abovea at basei fuely price tions ofsale, are exclusive; andt ther remediesprovidedi hereinabove: forb breach of $1.20 pers gallon. The fuel price at thet time ofs shipment willl be determined oftheser warranties shall constitutei immediate, purchaser's ore endi user's exclu- from the National Average Diesel Fuel Price Index provided by the Unlted such as: surge arresters, current-limiting, fuses, instrument transformers, atep purchaser requires shipment! byar mehodafummsportatione or routing other relays and meters, low-voltage circuit breakers, remote terminal units, and thant thato ofthes seller's selection, anya additional transportation: and/or packing  witht thep purchase contract.  down-time costs, business interruption, any claim arising out of loss of  updates andi modifiçationst thereto ("Software" hereafter), may be deliveredby fromt this order or transaction. copied, in whole ori inj part, nor may Ith bes sub-L licensed. Immediate purchaser nuclear incident shally preserve anya anda allcopyrightnotices! includedi inthe Software. Exceptas set forth herein, or as may be permitted in writing by seller, Immediate EXPORT COMPLIANCE:  arep permitted accesst tot thes Software tof fulfili its obligations! hereunder. LIMITEDWARRANTY, ANDI EXTENT OFLIABILITY: qualitys specifiedi int thec contract description and willl bef free ofd defects ofv work-  seller and the applicable U.S. Government agency. Seller reserves the right tos suspend or çançel dellvery of products, components, parts, and/ or Software to purchaser or cancel this contract in its entirety, without  purchaser in  purchaser or, ift the equipment is purchaged bya at third party fori installation in undera any warranty mayb bec delayed,a atthes seller'ss sole option, untilt thes sellerk has substantially in accordance with thet then-current release ofs specifications if  (a) Deliveries within the United States except. Alaska and Hawali freight bys seller's selection oftransportation,t toc common carrier deliverypoint (b) Alaska and) Hawali. For orders with net value of $5000.00 or more, willbe: addedtothel Invoicei ifspecifedint thec quotation. This fuel surcharge will  delays shallextendthey warrantyperiod.  aperiod of one year from the date of shipment the Software will perform collect, or prepaida anda addedtot thel Invoice.  mintempedoreromdse  sive remedy and af fulillment of alls seller's liability. inr no event shall seller's States Department ofEnergy. liability toi immediate purchaser or end user exceed the price oft the specific (4) Method ofT Transportation: and product which gives rise toi immediate purchaser's or end user's claim. The method of transportation  The seller will Routing.  determine the  seller's warranties dor note applyton majoro components noto ofS&Cr manufacture,  and the routing oft thes shipment. Where thei immedl-  expensei ist tob be! bornek by thei immediate purchaser.  * Includes exporlers! locatedint thel Uniteds States. 56 September 29. 20140 S&C Electric Company  A Authorized executives aret the chairman oft thel board, president, vice president of any rank, or any other executive expressly designated  byS&C.  Price Sheet 150  173    Standard Conditions of Sale Immediate Purchasers in the United States  (5) ExportF Packing. Where" "export packing" isrequireda ane extra charge will as, butr notl limitedto: acts ofGod, actso oftheb immediate purchaser, acts ofcivil (6) Unloading ofs Shipmants. Provision ofsuitablef facilities andp personnel earthquake, weather, epidemics, quarantine restrictions, war, riot, delays in at delivery point foru unloadingo of shipments ist tol bet ther responsibllity oft the transportation, government restrictions or embargoes, or difficultiesi inc obtain- If,int thej judgmento ofseller,t thecredits statuso ofimmediate purchaser, at any brought against thei immediate purchaser sof fars asb based ons a claim that any time, does not justify the continuation ofp production ors shipment of goods product, or any part thereof, sold hereunder constitutes ani infringement or orderedo ont thet terms ofpaymenta agreedupon,s seller,i initss soled discretion,! may writinga misappropriation and given ofintellectual) suthority, information, propetvyrighisofohensinotitedpromplyi anda assistance (at require revision of payment terms toi itss satisfaction or shall be entitled to fort thec defensed ofsame, andt thes sellers shall all without obligation by either immediate purchaser or seller with respect to extend agalnsttheimmediate; tos any infringement based purchaser, upon providedthatthisa the manufacture, agreements or sale shallr ofs said not Ifa any payment is not madei in full when due, seller ise entitled tor recover notf furnishedb byt thes seller. Inc case the product, or any part thereof, furnished possession of the goods shipped, andi if they are ini immediate purchaser's hereunderi isi ins suchs sult! held to constitutel Infringement: andi itst use enjoined, possession oro controlt thei immediatep purchasers shalla assemblet them ata aplaçe the seller shall, ati its owne expensea and ati itso option, either (1) procuref for the tol be designated by seller. Repossession' bys seller shall not exclude or modify Immediate purchaser ther right to continue using said product or partt thereof, any remedy provided byl law. Also, ifp payment Isr not madei inf full when due, or (2)r replacet thes same witha ar noninfringing product; or (3)r modifyi its sot thati it seller may require, withr respect to any orders ori items or quantities thereon becomes noninfringing; or (4) remove said product andr refund the purchase then outstanding, full or partial payment ina advance or shall be entitled to price andt thet transportations andi installation costst thereof. Thef foregolngs states cancel or defer any ofs such orders ori items or quantities thereon ands shall be thee entirel liabllityoft thes seller withr respecttoi infringement by said under any bankruptcy ori insolvency laws, seller shall bee entitledto cancel any any partt thereof, manufactured toi immediate purchaser's design. Ast tos such orders ori items org quantitlest thereon outstanding: as ofthed datec ofs such bank- equipment or product, ora any partt thereof,t thes sellere assumesr nol liabilityv what- HANOLING CHARGES FOR IMMEDIATE SHIPMENTS: When immediate CLERICAL ERRORS: Selier reserves the right to correct clerical errors or shipment of products, components, and/or parts isr requlred, premium freight omissionsi inc quotations, acknowledgments, invoices, oro other documents. attention required bys such orders, al handling charge ofs $100.00 will apply, in MODIFICATION, CANCELLATION, ORD DEFERMENT BV IMMEDIATE PUR- PRICE ADJUSTMENTS: Pricesstatedons seller'ss acknowledgment: ford orders, written notices andupon confirmation! bys seller'srevised: acknowledgement: and or items or quantitiest thereon, forv whicht thee earlier ofthe actual ors scheduled upon terms, satisfactory tos seller, whicho compensate: seller fora alld damagessuf- date ofshipment (the" "Controlling! Date") isv within 3600 daysf from date ofc order, fered by reason of such modification, cançellation, or deferment. arer nots subjectt upwardord downwarda adjustment unlesss specifiedint thec quo- modification, cancellation, or deferment hereunder shall become effective no tation. Prices for orders, or items or quantitles thereon, for which the earliert thant thed dates setf forthinthes "lAramdadRuMAdgna each full 30-day period or fraction thereof by which the Controlling Datei is specified catalog numbers adjusted on, unshipped orders up to 10 business QUOTATIONS: Any price, quantity, oro condition ofs sales statedi ins any quotation witht thei itemso originally specified ont thec order ory purchase contract. tation shall! have any forced or effecta after 30 days from date ofquotation unless SELLER'S REMEDIES: The rights ofs seller specified herein are cumulative All orders, whether orr not! based upon specific quotations, ares subjectt to failurel by sellert toe exercise any right orr remedy shalli impairs any ofsuch rights Subsequenti thei isguanceo ofquotations, seller may, without notice, make other orf furthere exercise thereof ort thee exercise ofany otherr righto or remedy. may be supplemented with thel letter' "R" followed by a digit identifying the EEO COMPLIANCE: Seller shalle abide by ther requirements of41 CFR 5S Ifs specified int thec quotation, ar materials surcharge may be appliedt tot the natlon agalnst qualified Individuals based on their stetus as protected nets selling priçes ofp products att the time ofs shipment, depending ont the cost veterans or individuals with diaabilities, and prohibit discrimination TAXES: Wheret thes selleri ist requiredtop pay orc collects sales, use, ord othert taxes, tors ande subcontractorsi take affirmative actiont toe employ andadvancein LOSS, DAMAGE, ORI DELAV: Shipping dates are approximate ands arel based nstional origin,p protectedy veterans status ord disability. upon prompt receipt of allr necessary information. Selleri is notl llable forl loss, ILLINOISI LAW GOVERNS: Thel lawsofllinois: shallg governt thei interpretation damage, detention, or delay duet toc causes beyondi its reasonable controi such ande effecto ofa allc contracts andt ther rights andremedies ofthe parties. CHANGESTOI PRICESA ANDO CONDITIONS OF SALE: Pricesa ando conditions (2) 36%ofther netselling price forstandard catalogr products notr regularly car- WITNESSOFTEST: Normalp productiong procedures donotp provide opportu- warrant being placed in stock and which can be returned directly tos stock nity for immediate purchaser to witness routine factory tests on their withoutr reinspection, repackaging, repair, orr modifcation; apparatus. Witness ofs sucht tests! byt thei immediate purchaser requires special (3) 50% oft the nets selling price fors standard catalog products not sufficiently processing of the order and usually entalls delays inj production and addi- activet to warrant being placedi ins stock andy whicht therefore must! be unpacked RETURNS: Products may not be retured by immediate purchaser without (4) 60%o7m moreoft ther nets sellingpricef forp products ofac custom nature which frst securing suthorization and ar retum goods authorization number. Where must be unpacked and disassembled: and from which only certain parts and seller pluscosto ofrestocking,' repackaging, reinspection, repair, ord disassembly ont thei materialt tobe returned, should bes shipped, freight prepaldand: ati imme- asa applicable. Only productsr manufactured within the pastt twoy years ands still diatey purchasers risk,t tot thes address! below unless otherwisei instructed:  ben mader notto exceed5 5%ofthenets sellingprice. immediate purchaser.  or military authority, priorities, fires, strikes, labori issues or difficulties, foods, ingr necessary labor, materlals, andn manufacturing' facilities from usuals sources INTELLEÇTUAL PROPERTY: Thes seller shall defend anys suit or proceeding  duet tos such causes.  TERMS OFP PAYMENT: Net3 30days. Theg goodss shallr remainpersonal) property ands geller retainsa as securityl Interestt therein untilr fully paid.  in seller's expense) paya damages ando costs awarded use,  cancel or defer any orders ori items or quantities thereon then outstanding, therein  unshippedgoods.  product or any part ory parts thereof, inc comblnation" with apparatus ort things  or producto  entitledt ruptcy ori insolvency.  topayment! byl Immedlatep purchaser fora alld damages. Int thee event any proceedingi isl brought by ors againsti immediate purchaser  any partt thereof.  The preceding paragraph shall not apply tos any equipment or product, or  soeverf fori infringement or misappropriation.  methods willl bee employed tor minimizet transportation time.! Duet tot the extra addition tothe extrac chargesf fory premium freight.  CHASER: Orders or purchase contracts may be modifed or cançelled, and scheduled: shipments may bec deferred, only uponi immediate purchasersprior  to  Any  Controlling! Datei is beyond 360 days after date of order, may bei increased at time ofs shipment by percentages which will not cumulatively exceed 1% for ise effective! for 30daysf fromo dated ofquotation unless changedb byr notice. Noquo- effectiver periodo ofsuchg quotationis ise expressly extendedim writing! bys seller. acceptance! byt thes sellero onlya atitsg general officesi in Chicago,! Ilinois. design changesf forp product modernlzation ori improvement. Catalog numbers levels ofpurchasedparts: andr materialsi int thep preceding month. thes amount willb bes addedtot thei invoices asa separatei item.  Additional catalog number items be added and/or days from the order or purchase contract date. Shipment schedules for addi- tionali items ared dependent upon) product availability; thesei itemsr may nots shlp andina additiont tot ther rights availablet tos seller atl law ori ine equity. No delay or or remedies or be construed to be a1 waiver of any breach ors acqulescence therein Any single or partiale exercise ofanyr right or remedys shall not 60-1.4(a), 60-300. 5(a)e ande 60-741.5(0).These regulations prohibit discriml- againste alll Individuals basedont thelr rsce, color,religlon,s sex,or national origin. Moreover, thesa regulations require that covered prime contraç- employment Individuals without regard to race, color, religlon, sex,  may  to, quantities of  beyond 360days afterd dated ofc order.  tot  preclude  latest designr revision.  POLICIES, RELATING TO: SALES  ofs sales ares subjecttochanger withoutr notice.  ried Ins seller's active warehouse: stock, but which are sufficiently active to  tional charges, information on whicho cank bef furnished onr request. products, charges willl ber made to cover outgoing transportation paid by the ofcurrentd designy willbee eligiblef forreturn. Ing general, charges, overa ands above thet transportation,' willl beb based ont thef followings schedule: (1) 25%0 ofther nets sellingp price fors standard catalogr products regularly carried inseller'sa activer warehouses stocka andr retumnable directly tostocky withoutr rein- spection,r repackaging, repair, orn modification; 2 S&C Price Sheet 150  and disassembled;  seller authorizes Immediate purchaser to return unused, recently received subassemblies: ares salvageable.  Authorizedi returns, witht ther retum goods authorizationi number identifled  S&CE Electric Company Repalr Center 18001 Devon Avenue Chicago,I Ilinols 60660-1010  174    6601 N.J Ridge Boulevard Chicago, Tel: 773-338-1000 116 60626-3997 www.sande.com  S&C ELECTRIC COMPANY  pNp-aingewsathaganéoadon Fax: 773-338-7020  5  January 26, 2016  To: From: Subject:  Mr. Joshua E. Hopkins Cristina Ochoa  Company: Booth & Associates, Inc.  RFQ - S&C Electric for Town of Smithfield  Dear Mr. Hopkins:  On behalf of S&C Electric, we are pleased to offer the following proposal for your consideration. .  Item 01  Oty 1  Description  Net Price Ea. $89,521.00  S&C Catalog No. 697031AE12H2KMI12VWIY Series 2000 Circuit Switcher, Model 2040 Horizontal Interrupter and without Disconnect 230kV, 1200 amp, 48 V dc Operator Control Voltage, 144" Mounting Pedestal, 120" Phase Spacing, 240v, 601 Hz, Thermostat for Operator, Space heater Thermostat for Operator, Position- Indicating Lamps, Trip Circuit Monitoring Relay, Loss of Voltage Relay (dc), Duplex Receptacle With GFI and Light, Eight additional Nonadjustable Single-Pole Double-Throw, Auxiliary Switch Contacts, Local Remote Selector Switch, including (12) per Anchor Bolts, S&C Catalog No. S-81365-1  ..continued  175    Joshua Hopkins S&C Electric Co. Town of Smithfield, NC  Page 2  Standard Lead Time: Shipment can be made in approximately 15-18 weeks after receipt of your formal purchase order, based on Standard Lead Time. All shipping estimates are subject toj prior sale of Terms And Conditions ofSale: Any order or orders based on this quotation (I) are subject to acceptance by S&C Electric Company only at its general offices in Chicago, Illinois; (2) are subject to S&C Electric Company's Conditions of Sale, which are defined in full under "GENERAL' in S&C Price Schedule 150; and (3). should be made out to S&C Electric Company in care of;  material and/or manufacturing capacity.  Robert W. Chapman & Company Post Office Box 240748 (28224) 1338 Hundred Oaks Drive, Suitel D Charlotte, NC: 28217  The following are excerpts from S&C Price Sheet 150, "Standard Conditions of Sale,"dated  September 29, 2014. Terms of Payment: Net 30 Days  Terms of] Delivery: (1)Risk ofLoss. Unless otherwise agreed, for all shipments, risk of loss oft the products or any part thereof shall pass to the immediate purchaser upon delivery to the common carrier, but seller will assist immediate purchaseri in submitting claims for loss or damage. (2)Allowance for Freight. Deliveries within the United States except. Alaska and Hawaii (The Lower48). For orders with net value of $5000.00 or more, prices include freight by seller's selection oftransportation, to common carrier delivery point nearest first destination. For orders with net value less than $5000.00, freight is  collect, or prepaid and added to the invoice.  *This quotation is firm for acceptance within 30 Days.  Ifwe may assist you further, please do not hesitate to contact us. Thank you fort the opportunity. We  appreciate your business. Sincerely, Cristina Ochoa Cristina Ochoa  cc: Joe Costner-Chapman Co./Charlotte, NC Perry Godwin-Chapman Co./Morganton, NC  176    Standard Conditions of Sale Immediate Purchasers in the United States*  GENERAL: The standard conditions of sale contained! herein and thes special terminators. However, seller willa assignt tol Immediate purchasera ore end user all conditions ofsales setf forthi int thes ppicableproduch-line: specification! bulletins, manufacturers' warranties that apply tos such major components. All other and any supplements or modifications thereto confirmed bys seller's acknow- warranties whethere express ori impliedor arising! by operation oflaw, course of ledgment, together with any written specificarions or certifications signed by dealing, usage oft trade or otherwise, are excluded. The only warranties are one ofs seller's authorizede executivesA; shall constitute thec complete ande exclu- those stated herein, and THERE ARE NOI EXPRESS OR IMPLIED WARRAN- stves statement ofs seller's conditions ofs sale. Inr no event shall transactions! be TIES OFN MERCHANTABIITY ORE FTTNESSI FOR Al PARTICULARI PURPOSE. subject to any affirmation off fact or promise which relates tot the application, ANYE EXPRESSY WARRANTY OROTHEROBLIGATONI PROVIDEDI HEREINI IS performance, ord description oftheg goodsu unlesss sucha affirmation or promise is GRANTED ONLY TO THE IMMEDIATE: PURCHASER. ANDI ENDI USER, AS inwritinga ands signed! by one ofseller's authorized executivesA, ori is confirmed DEFINED HEREIN. OTHER THAN AN END USER, NO REMOTE PUR- by seller's acknowledgment. ANY TERMS, WHETHER IN A PURCHASE CHASER MAY RELY ON ANY AFFIRMATION OF FACT OR) PROMISE THAT ORDER OR OTHER DOCUMENT OF THE IMMEDIATE PURCHASER, IR- RELATES TO THE GOODS DESCRIBED HEREIN, ANY DESCRIPTION RESPECTIVE OF THER MATERIALITY, WHICH ARE EITHERI DIFFERENT THATI RELATEST TOTHE GOODS, OR ANY REMEDIALPROMISEI INCLUDED FROMORA ADDITIONALTOSELIERSCONDTTOANSOPSALEASSETPORTY INTIESESTANDABDCONDITONSOPSAIR: Theseller shall notbell llable, in ABOVE ARE OBJECTED TO AND ARE EXCLUDED UNLESS EXPRESSIY contract, tort, or otherwise (including for negligence, breach of warranty, AGREED TO IN SELLER'S ACKNOWLEDGMENT Acceptance of the goods indemnity, ands strictliability)f fora any penalty orf fora anys special, consequential, shipped shall constitute assent tos seller's conditions ofs sale.1 Ins speclai trans- indirect, or incidental damages, whether for personal injury or property actions involving a formal invitation to bid and ai formal award by purchase damage, Inclhwdingspediftealybuiy withoutl limitation, loss ofprofits or revenue, contract, seller's conditions ofs sale apply only to the extent not inconsistent loss of other equipment, loss offullorp partial used ofa anye equipment or facllity, NONASSIGNABLE SOFTWARE LICENSE: Certain software, computer electriçal power, cost of capital, loss ofg goodwill, claims oft third parties, costs programs, sourced code, objectcode,l listings, andr relatedi materials,i inr machine- associated with the removal of equipment from service or reinstallation or readable or printed formy, including firmware and all types of media, and all disassembly or reassembly, ors similar damages, arising out of or resulting seller toi immediate purchaser together with each product. Such Software is NUCLEAR: For applications in a nuclear facllity, thei immediate purchaser furnished toi Immediate purchaser or, if the product Isp purchased by a third and/ore end users shalll have completel Insurance protection against underanonexclusivel license for uses solelyo ona as singley product, andr may not be its subcontractors, suppliers, and vendors against all clalms resulting from a purchaser shall not provide or otherwise make available the Software or any Seller is required toc comply with applicable exportl laws and regulations of parto ofcoples thereoft tos any third party.' Tidet to, ownershlp ofa anda alls applica- thel U.S. For any sale made under thiso contract, purchaser shall not export, ble rights in patents, copyrights, and trade secrets in the Software shall not re-export, distribute, download, or supply any product, component, part, transfert toi immediate purchaser or end user. Immediate purchasers agrees to and/or Software other than to the ultimate country of destination speci- take appropriate. action byi instruction ora agreement with itse employees who fied in this contract, without obtsining prior, written authorization from (1) General: Sellerw warrantst toi immediater purchager foray periodoftwoyears liabilityt tos seller,! lfseller hasa ag goodf faith basisf forl believingpurchaser has from thec date of shipment that thee equipment delivered willl be oft thel kdnda and violated or intendst tov violatet thisp paragraph. manship andr material. Should anyf fallure to conform tot this warranty (ort toa any COMPLIANCEWITHANT-BRIBERYI LAWS: additional warranty contalnedi in the special conditions ofs sales setf forth int the The U.S. Foreign Corrupt Practlces Act ("FCPA") and laws In other coun- applicable product-line: specificarion! bulletin) appear under proper andi normal triess strictly prohibitt the payment of bribes, kickbacks, or similar payments use within twoy yearsa altert the date ofs shipment thes seller agrees, upon prompt to! Influencel business. Purchaser agrees nott tot take any action whatsoever notification thereof and confrmation that the equipment has been stored, tos wrongfully influence any decistons ini its or thes seller'sf favor relating to Installed, operated, andr maintalnedi ine accordancer withr recommendations ofthe goods sold! hereunder, either directly or indirectly. seller ands standard industry practice, to correct the nonconformity either by TERMS OFD DELIVERY: repairing any damagedor defective) parts oft the equipment or (ats sellers option) (1) Risk ofl Loss. Unless otherwise agreed, fora alls shipments, bys shipment ofnecessary replacement parts. Thes seller's warrantyo doesnote apply the products ora any part thereof shall tot thei immediate risk ofloss of toa any equipment that has been disassembled, repaired, or altered by anyone dellvery to the common carrier, but seller pass will assist immediate purchaser upon other than thes seller.' This limited warranty is granted only to thei immediate submitting claimsf fori loss or damage. third-p partye equipment, thee endu user ofthee equipment.' Thes seller'sdutyt toperform (2) Allowance for Freight. been) paidi inf full fora all goods purchased byt thei immediate purchager. No such (Thel Lower 48). Fororders with nety value of $5000. 00orr more, pricesi include Seller further warrants tot the Immediate purchaser or end user that for nearest firsto destination. For orders with net valuel lesst than $5000.00, freightis properly usedi ina accordance with thep procedures describedins seller'si instruc- pricesi includef freight! bys seller's selection oft transportation, to common carrler tions. Seller's Hability regarding any oft the Software is expressly limited to delivery pointr nearest firstd destination within' Thel Lower 48.1 For orders with net exerclsing its reasonable efforts ins supplying or replacing any medla found valuel less than $5000.00, freightisc collect,o or prepalda ande addedtothelnvolce. tob bep physically defective ori in correcting defects in the Software during the (3) Fuel Surcharge. For orders with seller's selection of (2) Limitation: Ther warranty and/or obligations describedi in thef foregoing be calculated: att thet timec ofs shipment, and will bee equal to 0.00875% ofther net paragraph, Including anya additional warranty contained int thes special condi- value oft the order fore every $0.05i increase in fuel price above al base fuel ofsale, aree exclusive; andt ther remedies provided hereinabovet forb breach of $1.20 per gallon. The fuel price at the time ofs shipment will be determined ofthese warrantiess shall constitutei immediate purchaser's ore end user'sexclu- from the National Average Dlesel Fuel Price Index provided by the Unlted sellerswarrantiles donota apply tor major componentsl noto of S&Cr manufacture, method of transportation and the routing oft the shipment. Where the Immedi- such as: surge arresters, current-limiting fuses, instrument transfonners, atep purchaser requires shtpmentbya amethodo or transportation orr routingother relays and meters, low-voltage circuit breakers, remote terminal units, and than thatofthes seller's selection, anya additionalt transportation: and/or packing  witht thep purchage contract.  down-time costs, business Interruption, any claim arising out of loss of  updates andr modifications! thereto ("Software": hereafter), mayl bed delivered by from thisorderort transaction. copled, in whole ori Inp part, nor mayi it bes sub-licensed. Immediate purchaser nuclearincident shallp preserves anya andallcopytightnoticesl includedi in thes Software. Exceptas set forth herein, or as may be permitted in writing by seller, immediate EXPORT COMPLIANCE:  and Hability  installation! party fori  in third-party equipment, thee end user of the equipment, property damage regulting from ar nuclear incident and shalli indemnify Seller,  arep permitteds accesstot the Softwaretof fulfilli itsc obligations! hereunder. LIMITEDWARRANTY ANDE EXTENT OFI LIABILITY: quality specifledi in thec contract description. and willl bef free ofd defects ofv work-  seller and the appliçable U.S. Government agency. Seller reserves the right to suspend or cancel delivery of products, components, parts, and/ or Software to purchaser or cancel this contract in its entirety, without  purchaser in  purchager or, ift thee equipmenti is purchased by at third party fori installation in under anyy warrantyr may bed delayed, atthes seller'ssoled option, untilt thes seller! has substantially ina accordance with thet then-current release of specifications if  (a) Deliveries within the United States except. Alaska and Hawali freightbys seller's selection oftransportation, toc common carrier dellverypolnt (b) Alaska and Hawall. For orders with net value of $5000.00 or more, willbes addedtothel invoiceif ifspecifiedint thec quotation. Thisf fuels surcharge will  delays shalle extendthev warranty period.  aperiod of one year from the date ofs shipment the Software will perform collect, orp prepalde ands addedtothel Invoice.  warranty period. Seller does not warrant the use of the Software will be paidtocommon carrier  nearest! firsto destination, transportation; af fuels pre-  uninterruptedore error-free. tions  deliverypointr  surcharge price  sive remedy and ai fulfilment of alls seller's liability. Inr no event shall seller's States Department ofEnergy. liability toi immediate purchaser or end user exceed the price oft the specifc (4) Method ofl ransportation and  product which gives rise toi immediate purchaser's or end user's claim. The  Routing. Thes seller will determine the  expense istob beb bomel byt thei immedlate purchaser.  * Includes exporters locatedi int thel United States. 56 September 29, 20140 S&C Electric Company  A Authorized executives aret the chairman oft the! board, president, vice president of any rank, or any other executive expressly designated  byS&C.  Price Sheet 150  177    Standard Conditions of Sale Immediate Purchasers in the United States  (5) Export Packing. Where" exportpacking" isi required ane extrac chargev will as, butr notl limitedto: actso ofGod, acts oft thei immediate) purchaser, acts ofcivil (6) Unloading of Shipments. Provision ofs suitablef facilities and personnel earthquake, weather, epidemics, quarantine restrictions, war, riot, delays in at dellvery point for unloading ofs shipments isto be the responsibility oft the transportation,; govemment: restrictions ore embargoes, ord difficulties inc obtain- If,int thej judgmento ofseller, thec credits stalusofi immediatepurchaser,: atany brought againstt thei immediate purchaser sof far as based ons a claim that any time, does not justify the continuation of production or shipment ofg goods product, or any part thereof, sold! hereunder constitutes an infringement or orderedo onthet termso ofpaymenta agreedupon,t seller, initss solec discretion, may writing: mibuypmyabandliasalactan, ands given authority, information, pryetyrehsotoheitnfnotfedpromylyin and assistance seller's require revision of payment terms toi its satisfaction or shall be entitled to fort thec defense ofs same, andt thes seller shall pays alld (ats and costs expense) awarded without obligation by elther immediate purchaser ors seller with respect to extendt tos any infringement based upon providedt the manufacture, thisa agreement use, ors sale shallnot ofs said Ifany payment Is notr madel In fully when due, seller Is entitled tor recover not furnished! byt thes seller. Inc caset they product, or any part thereof, furnished possession of the goods shipped, andi if they are ini immediate purchaser's hereunderi isi ins such suitl heldt to constitute Infringement: andi itsu use enjoined, possession or control the! Immedlate purchasers shalla assemblet them ata aplace thes seller shall, atil Its owne expenses and ati its option, either (1) procure fort the tob be designated bys seller. Repossession bys seller shallr note exclude or modify Immediate purchaser ther right to continue using sald product orp partt thereof; any remedy provided by law. Also, Ifp payment is not made in full when due, or (2)r replace thes same witha anoninfringing product; or (3)n modify itsot thatit seller may require, with respectt to any orders or items or quantities thereon becomes noninfringing; or (4) remove said product and refund the purchase then outstanding, full or partial payment in advance or shall be entitled to prices amdthetransporation: andi Installation coststhereof." Thef toregoingstates cancel ord defer any ofs such orders ori items or quantitiest thereon ands shalll be thee entirel liabllity oft thes seller with respectt tol infringement by said product or under anyb bankruptey ori ingolvency laws, sellers shallb bee entitledtoc cancela any any partt thereof, manufactured toi immedlate purchaser's design. Ast tos such orders ori items orq quantitiest thereon outstanding as ofthed date ofs such bank- equipment orp product, ora any partthereof, thes sellers assumes nol liabillty what- shipment ofp products, components, and/or parts is required, premium freight omissionsi in quotations, acknowledgments, invoices, or other documents. attention required bys such orders, al handling charge of $100.00 will apply, in MODIFICATION, CANCELLATION, ORI DEFERMENT BYI IMMEDIATE PUR- PRICE ADJUSTMENTS: Pricesstatedons sellefsackmowledgmemnt: fororders, written notice: andupon confirmation! bys seller'srevised: acknowledgement. and ori items or quantitles thereon, fory which thee earller ofthea actual ors scheduled upon terms, satisfactory tos seller, which compensate seller fors alldamagessuf- date ofs shipment (the" Controlling! Date")isv within! 360daysf from date oforder, fered by reason of such modification, cancellation, or deferment. Any aren nots subjectt tou upwardor downwarda adjustment unlesss specifledi int thequo- modification,' cancellation, or deferment hereunder shall become effective no tation. Prices for orders, or items or quantities thereon, for which the earllert thant thed dates set forthi int aMtsAmaidwrs each full 30-day period or fraction thereof by which the Controlling) Date is specifed catalog numbers adusted on, unshipped orders up to 101 business Anyl price, quantity, orc condition ofs sales statedi In anyo quotation witht thei items originally specifledont thec ordero orp purchase contract. tation shalll haves any force ore effecte after 30d days from date ofquotation unless SELLER'S REMEDIES: Ther rights ofs seller specified! herein are cumulative Allo orders, whether or not based upon specific quotations, ares subject to falluret bys sellert to exercise any right orn remedys shalli impair anyo ofsuchr rights Subsequentt tot thei issuance ofq quotations, seller may, withoutr notice, make other or furthere exercise thereofort thee exercise ofanyother rightor remedy. may be supplemented with thel letter "R" followed by a digit identifying the EEO COMPLIANCE:: Seller shalla ablde byt the requirements of 41 CFR S5 Ifs specified int thec quotation, an materials surcharge may bes appliedt to the nation against qualified Indlviduals based on their status as protected nets selling prices ofp products atthet time ofs shipment, depending ont thec cost veterans alll or Indlviduals Individuals basedo with disabilities, and prohibit discrimination TAXES: Where thes selleri isrequired topayo or collect sales, use, or othert taxes, tors and subcontractors take affirmativee actiont toe employ ande advancel in LOSS, DAMAGE, ORI DELAY: Shipping dates are approximate: anda arel based national origin, protected veterane status or disabllity. upon prompt receipto ofs allr necessary Information. Seller is notl liable forl loss, ILLINOISL LAW GOVERNS: Thelawsoflinols: shallg governt thei interpretation damage, detention, ord delay duet toc causes beyondi itsr reasonable control such andeffect ofa allcontracts andt ther rights andr remedies ofthe parties. CHANGESTOF PRICES ANDO CONDITIONS OF SALE: Prices ando conditions (2) 35%ofther nets selling pricef forstandard catalogproductsi not regularly car- WITNESS OFTEST: Normal production procedures don notp provideopportu- warrant being placed In stock and which can be returned directly tos stock nity for Immediate purchaser to witness routine factory tests on their withoutreinspection, repackaging, repair, orr modification; apparatus. Witness ofs sucht testsb bythel Immedlate purchaser requires special (3) 50% oft ther net selling price fors standard catalog products nots sufficiently processing oft the order and usually entails delays inj production and addi- activet tov warrantb being placedi ins stocka and whicht thereforer must beu unpacked RETURNS: Products may notl ber returned by immediate purchaser without (4) 60%ormore ofther nets sellingpricei forp products ofac custom nature whlch first securing authorization and ar retum goods authorization number. Where must be unpacked and disassembled andf from which only certain parts and seller plus costo ofrestocking, repackaging, reinspection,' repair, ord disassembly ont ther material tober returned, should bes shipped, freight prepaid anda ati imme- as applicable. Only productsr manufactured within they pastt twoy years ands still diatey purchaser's risk, tot thes addresst belowu unless otherwisei instructed:  ben mader notte toe exceed 6960 ofthen netsellingprice. immediate purchaser.  orn military authority, priorities, fres, strikes, labori issueso ord difficulties, floods, Ingn necessary) labor, materials, andr manufacturingi facilities fromi usuals sources INTELLECTUAL PROPERTY: Thes geller shall defend anys sult orp proceeding  duet tos sucho causes.  TERMS OFF PAYMENT: Net3 30days. Theg goodss shallr remainpersonal; property ands sellerr retainsasecurityi interestt thereln untilf fullyp paid.  cancel or defer any orders ori items or quantities thereon then outstanding, thereina againstt theimmedlatepurhases:  damagesa thatt  unshippeds goods.  product or any part orp parts thereof, inc combination" with apparatus or things  entitledt top payment byl Immediatey purchaserf fore alld damages. Int thee event any proceedingist broughtb byo or againsti immediate purchaser  any partthereof.  Thej preceding paragraph shallr not apply tos any equipment or product, or  ruptcy ori insolvency.  soeverf fori infringement or mlsappropriation.  HANDLING CHARGES FOR IMMEDIATE SHIPMENTS: When immediate CLERICAL ERRORS: Seller  the right to correct clerical errors or  methods willl bee employed tor minlmize transportation time. Due to the extra addition tothee extra chargesf forpremium: freight.  CHASER: Orders or purchase contracts may ber modifed or cançelled, and scheduled: shlpments may bed deferred, only uponi immediate purchaser's) prior  Controlling! Datei isl beyond 360 days after date of order, may bei increased at time ofs shipment by percentages which will not cumulatively exceed 1% for iseffectivef for 30daysf fromo dateofq quotation unless changedbyn notice. Noquo- effectiver periodofsuchquolationt Isexpresslye extendedin writingbys seller. acceptance! byt thes sellerc onlys atitsg general officesi inc Chicago,l Illinois. design changes forp product modernization orl Improvement. Catalog numbers leveis ofp purchasedp parts andn materialsint thep preceding month. thea amounty willl beaddedt totheh Invoice asas separatei item.  Additional catalog number items may be added and/or days fromt the order or purchase contract date. Shipment schedules for addi- tionali items ared dependentu upon product avallabillty; thesei items may nots andi in addition tot ther rights available tos seller at law or ine equity. No delay or or remedies or be construed to be a walver of any breach or acquiescence therein. Anys single or partiale exercise ofanyrightorr remedys shalln noty preclude 60-1.4(a),6 60-300.5(a) ande 60-741.5(a).1 These regulations prohibit discriml- origin. Moreover, these regulations require that covered prime contrac- employment Indlviduals without regard to race, color, religlon, sex,  to, quantities of  beyond360d days afterd dated oforder. QUOTATIONS:  ship  latest designr revision.  agalnste  ont theirt race, color, rellgion, sex,o or national  POLICIES. RELATING TOSALES  ofsales ares subjectt toc change withoutr notice.  ried in seller's active warehouse stock, but which ares sufficiently active to  tional charges, information ont whicho canl bef furnishedoni request. products, charges will ber madet to cover outgoing transportation pald by the ofcurrent designy willbee ellgiblef forr return. Ing general, charges, overa anda above thet transportation, willb bel basedo ont thef followingschedule: (I) 25%ofther nets sellingp pricet fors standard catalogp products regularly carried inseller'sa sactive warehouse stock andretumnable directly tos stocky withoutr rein- spection, repackaging,' repair, ormodification; 2 S&C Price Sheet 150  andd disassembled;  seller authorizes! Immediate: purchaser to retum unused, recently received subassemblies: ares salvageable.  Authorizedi retums, witht ther return goodsa authorization1 numberi identified  S&CI Electric Company Repair Center 18001 Devon Avenue Chicago, Ilinois 60660-1010  178    Inc.  PEyat  January 26th, 2016  To: From: Subject:  Mr.J Joshua E. Hopkins Rex Cochran  Company: Booth & Associates, Inc.  RFQ - S&C Electric for Town of Smithfield  Dear Mr. Hopkins:  On behalf of S&C Electric, we are pleased to offer the following proposal for your consideration. :  Item 01  Oty 1  Description  Net Price Ea. $95,787.00  S&C Catalog No. 697031AB12H2KMIIZVWIY Series 2000 Circuit Switcher, Model 2040 Horizontal Interrupter and without Disconnect 230kV, 1200 amp, 48 V dc Operator Control Voltage, 144" Mounting Pedestal, 120" Phase Spacing, 240v, 60 Hz, Thermostat for Operator, Space heater Thermostat for Operator, Position- Indicating Lamps, Trip Circuit Monitoring Relay, Loss of Voltage Relay (dc), Duplex Receptacle With GFI and Light, Eight additional Nonadjustable Single-Pole Double-Throw, Auxiliary Switch Contacts, Local Remote Selector Switch, including (12) per Anchor Bolts, S&C Catalog No. S-81365-1  .continued  IP.O.E BOX: 240748 CHARLOTTE, NC 28224 1338H Hundred Oaks Dr. Suite D CHARLOTTE, NC. 28217 179  PH: 704/527-1287 IFX: 704/527-1289 IWATSI LINE: 800/888-3702  DC TECHNOLOGY, INC.    Joshua Hopkins S&C Electric Co. Town ofs Smithfield, NC  Page 2  Standard Lead Time: Shipment can be made in approximately 15-18 weeks after receipt of your formal purchase order, based on Standard Lead Time. All shipping estimates are subject to prior sale of Terms And Conditions of Sale: Any order or orders based on this quotation (1) are subject to acceptance by S&C Electric Company only at its general offices in Chicago, Illinois; (2) are subject to S&C Electric Company's Conditions of Sale, which are defined in full under "GENERAL"! in S&C Price Schedule 150; and (3) should be made out to S&C Electric Company in care of;  material and/or manufacturing capacity.  DCTechnology, Inc. P.O. Box 240748 Charlotte, NC 28217  The following are excerpts from S&C Price Sheet 150, "Standard Conditions of Sale," dated  September 29, 2014. Terms of] Payment: Net 301 Days  Terms of] Delivery: (1) Risk ofLoss. Unless otherwise agreed, for all shipments, risk of loss oft the products or any part thereof shall pass to the immediate purchaser upon delivery to the common carrier, but seller will assist immediate purchaser in submitting claims for loss or damage. (2). Allowance for Freight. Deliveries within the United States except. Alaska and Hawaii (The Lower 48). For orders with net value of $5000.00 or more, prices include freight by seller's selection oftransportation, to common carrier delivery point nearest first destination. For orders with net value less than $5000.00, freight is  collect, or prepaid and added to the invoice.  *This quotation is firm for acceptance within 30 Days.  Ifwe may assist you further, please do not hesitate to contact us. Thank you for the opportunity. We  appreciate your business.  Regards,  Rex Cochran DC Technology, Inc. 704-602-8237 ochangnuchapmancon  IP.O. BOX2 240748 CHARLOTTE, NC 28224 11338 Hundred Oaks Dr. Suite D CHARLOTTE, NC 28217 180  PH:7 704/527-1287 IFX: 704/527-1289 WATS LINE: 800/888-3702  DC TECHNOLOGY, INC.    Standard Conditions of Sale Immediate Purchasers in the United States*  GENERAL: Thes standard conditions of sale contained hereins and thes special terminators.. However, seller willa assignt tol Imnediate purchaserore end users all conditions ofsales setf forthi inthes applicable product-line: specification! bulletins, manufacturers' warranties that apply to such major components. All other and any supplements orr modifications thereto confirmed by seller's acknow- warranties whethere express ori implledor arisingby operatlon oflaw, courseof ledgment, together with any written specifications or certifications: signed by dealing, usage of trade or otherwise, are excluded. The only warrantles are one ofseller's authorizede executivesA shall constitutet the completes ande exclu- those stated herein, and' THERE ARE NOF EXPRESS ORI IMPLIED WARRAN- sive statement of seller's conditions of sale. Inr no event shall transactions! be TIES OFN MERCHANTABILITY ORE FITNESS FORAI PARTICULAR PURPOSE. subject to any affirmation offact orp promise which relates tot the: application, ANYI EXPRESSI WARRANTY ORC OTHEROBLIGATION, PROVIDEDI HEREINI IS performance, or description oft thes goodsu unless sucha affirmation orp promiseis GRANTED ONLY TO' THE MMEDIATE: PURCHASER. AND END USER, AS inwritinga ands signedb byo onec ofseller'sa authorized executivesA, ori is confirmed DEFINED HEREIN. OTHER THAN AN END USER, NO REMOTE PUR- by seller's acknowledgment. ANY TERMS, WHETHER IN A PURCHASE CHASER MAYI RELY ON ANY AFFIRMATION OFF FACT ORJ PROMISE' THAT ORDER OR OTHER DOCUMENT OF THE MMEDIATE PURCHASER, IR- RELATES TO THE GOODS DESCRIBED HEREIN, ANY DESCRIPTION RESPECTIVE OF1 THERI MATERIALITY, WHICH ARE EITHER DIFFERENT THATE RELATEST TOTHE GOODS, ORA ANYI REMEDIALI PROMISE INCLUDED FROMORA ADPTONUTDSEIERSGONOMUITOASOPAUEASSET FORTH THESESTANDABDONSOPSALE Thes sellers shallr noth bel liable,i in ABOVE ARE OBJECTED TO AND ARE EXCLUDED UNLESS EXPRESSLY contract, tort, or otherwise (including for negligence, breach of warranty, AGREED TO1 IN SELLER'S ACKNOWIEDGMENT Acceptance oft the goods indemnity, ands strictl liability)f for anyp penalty ori fora anys special, consequential, shipped shall constitute assent to seller's conditions of sale. Ins special trans- indirect, or incidental damages, whether for personal injury or property actionsi involvinge a formal Invitation to bid and ai formal award by purchase damage, includingspecitealy! buty withoutl limitation, loss ofprofits orI revenue, contract, seller's conditions ofs sale apply only tot the extent noti inconsistent loss of othere equipment, loss offull orp partial usec of any equlpmento or facility, NONASSIGNABLE SOFTWARE LICENSE: Certain software, computer electrical power, cost of capital, loss ofg goodwill, claims oft third parties, costs programs, sourcec code, objectcode,! listings, andrelatedi materials, in machine- associated with the removal of equipment from service or reinstallation or readable or printed form, including firmware and all types ofr media, and all disassembly or reassembly, or similar damages, arising out of or resulting seller toi immediate purchasert together with each product. Such Softwarei is NUCLEAR: Fora applications! Ina a nuclear facility, thei immedlate purchaser furnished tol Immediate purchaser or, ifthe product is purchased by a third and/or end users shalll have completei insurance protection. against liablity and party fori installationi int third-partye equlpment, thee end user ofthee equipment, property damage resulting from ar nucleari incident and shall indemnify: Seller, underar nonexclusivel licensef foru uses solelyo ona singlej product, andn may not be itss subcontractors, suppliers, and vendors against all claims resulting from a purchaser shall notp providec or otherwise make available the Software or any Seller is required toc comply with applicable export laws and regulations of part of copiesthereoft to any third party.' Titlet to, ownership ofa and alla applica- the U.S. Fora anys sale madel undert thiso contract, purchaser shall note export, ble rightsi in patents, copyrights, andt trade secrets Int the Software shall not re-export, distribute, download, or supply any product, component, part, transfer toi immediate purchaser or endi user. Immediate purchaser agrees to and/or Software other than to the ultimate country of destination speci- take appropriate: action byi instruction or agreement withi its employees who fied int this contract, without obtaining prior, written authorization from (1) General: Sellerv warrants toi immedlate purchaserf foraperiodoftwoy years labilityt tos seller, ifseller hasag good faith basis for believing purchaser has applicable product-line specificationl bulletin) appear under proper andr normal tries strictly prohibitt they payment ofbribes, kickbacks, ors simllar payments use withint two years after the date of shipment thes seller agrees, upon prompt toinfluencel business. Purchaser agrees nott tot take any action whatsoever notification thereof and confirmation that the equipment has been stored, tov wrongfully influence any decisions ini its or the seller's favor relatingto installed, operated, andn maintainedi in accordance with recommendations ofthe goods sold! hereunder, either directly ori indirectly. seller and standard industry practice, to correct the nonconformlty either by TERMS OF DELIVERY: repairingany damaged ord defective parts oft thee equlpment or (ats seller's option) (1) Risko of Loss. Unless otherwise agreed, fora all shipments, risk ofl loss of bys shipmentofnecesatyt replacement parts. Thes seller'sy warrantyd doesi nota apply the products ora any partt thereof shall pass tot thei immediate purchaser to any equipment that has been disassembled, repaired, or altered by anyone delivery tot the common carrler, but seller will assisti immediate other thant thes seller.' This limited warranty is granted only to the immedlate submitting clalmsf forl loss ord damage. third-partye equipment, thee endu user ofthee equipment. Thes seller'sdutyt top perform (2) Allowsncef for Frelght. been paidi inf fullf for alg goods purchased by thei immediate purchaser. Nos such (Thel Lower 48).Forordersy withr netv value off $5000.00ori more,prices inçlude Seller further warrants tot thei immediate purchaser or end user that for nearest frst destination.. Foro orders withr nety valuel lesst than $5000.00, freightis properly usedi ina accordance with thep procedures describedi in seller's Instruc- prices includef freight! bys seller's selection oft transportation, to common carrier tions. Seller's liability regarding any oft the Software Is expressly limited to deliverypoint: nearest frst destination within' Thel Lower 48.1 For orders with net exercising its reasonable efforts in supplying or replacing any media found valuel lesst than $5000.00, freightk Isc collect, or prepald ande addedtothei invoice. tob be physically defective ork In correcting defectsi in the Software duringt the (3) Fuel Surcharge. For orders withs seller's selection oft transportation; warranty period. Seller does not warrant the use oft the Software will be paidt too common carrierdelivery pointr nearesti firsto destination,: surcharge pre- (2) Limitation: Ther warranty and/or obilgations described Int the foregoing bec calçulated at thet time ofshipment, and willl bee equal to 0.00875% ofther net paragraph, Including any additional warranty containedi in the special condi- value ofthe order fore every $0.05i increasei inf fuelp pricea aboves al base: fuel price tionsofsale, are exclusive; and ther remedies provided! hereinabove: for breach of $1.20 per gallon. Thef fuei price at thet time ofs shipment will be determined oft these warranties shall constitutei immediate purchaser'sore endi user'se exclu- from the National Average Diesel Fuel Price Index provided by the Unlted sive remedy and af fulfllment of all seller's liability. In no event shall seller's Statesl Department ofE Energy. liability toi immediate purchaser or end user exceed the price oft the specifc (4) Method ofl Transportation and Routing. The seller will determine product which gives rise to! Immediate purchaser's or end user's claim. The method oft transportation: and the such as: surge arresters, current-limiting fuses, instrument transformers, than atepurchaser thato ofthes requiress seller'ss ypAAaN selection, additional transportation: orr and/or routingother relays and meters, low-voltage circuit breakers, remote terminal units, and expense istobeb borneb byt thei immediate] any purchaser.  with thepurchasec contract  down-time costs, business Interruption, any claim arising out of loss of  updatesa andi modifications thereto ("Software" hereafter), may bedeliveredby from hisorderoruansaction. copied, in whole or Inj part, nor may itbes sub-L licensed. Immediate purchaser nucleari incident shallp preserveanys andlcoprtghtnoices! includedi in the Software. Exceptas set forth hereln, or as may be permitted in writing by seller, immediate EXPORT COMPLIANCE:  arep permitteds accesstothes Softwaretof fulflli itso obligations hereunder. LMITEDWAMFAMIYANDI EXTENT OFI LIABILITY:  seller and the applicable U.S. Government agency. Seller reserves the right tos suspend or cancel delivery ofp products, components, parts, and/ or Software- to purchaser or cancel this contract Inj its entirety, without Foreign Corrupt Practices Act ("FCPA") and Iaws in other coun-  from the date ofs shipment that the equipment delivered willl bec oft thel kind and violated ori intends tov violatet this paragraph. qualitys specifiedi int thec contract description and will bef free of defects ofv work- COMPLIANCEWITHANTHBRIBERY manship andn materlal. Should anyf failuret too conform tot thisv warranty (ort toa any The U.S. addltional warranty contalned int the special conditions ofs sales set forth int the  LAWS:  upon purchaser in  purchaser or, ifthe equipment is purchased byat third party forl installation in under any warrantyr mayb bed delayed, atthes seller'ssoled option, untilt thes seller! has substantially in accordance with thet then-current release ofs specifications if  (a) Deliveries within the United States except Alaska and Hawaii frelght! bys seller'ss selection oftransportation, toc common carrier dellvery point (b) Alaska and Hawaii. For orders with net value of $5000.00 or more, willl bea addedt tothei invoiceifs specifiedi inthe quotation. Thisf fuels surcharger will  delay shalle extendt thev warrantyperiod.  a period of one year from the date of shipment the Software will perform collect, orp prepalda anda addedtothei invoice.  nnerupladoretoite.  afuels  thes  the paçking  seller's warranties don nots applyt tor major components noto ofs8Cmanufacture,  routing oft shipment. Where the Immedi-  * Includese exportersk locatedint thel United States.  A Authorized executives aret the chairman oft the board, president, vice president of any rank, or any other executive expressly designated  by S&C.  C September 29, 20140 S&C Electric Company  Price Sheet 150  181    Standard Conditions of Sale ber made nott toe exceed 6%ofthen netsellngprice. immediatey purchaser.  Immediate Purchasers in the United States  (5) Export Packing. Where" "exportp packing"i isn required ane extra charges will as, but notl limitedto: actsofGod, acts ofthel immediate! purchaser, acts ofcivil (6) Unloading ofs Shlpments. Provision ofsuitablef facilities and personnel earthquake, weather, epidemics, quarantine restrictions, war, riot, delays In at delivery point for unloading of shipments isto bet the responsibility oft the transportation,; government restrictions ore embargoes, ord difficultiesi ino obtain- Ff,inthej judgment ofseller, thec credits statuso ofimmediate purchaser, atany brought againstt thei immediate purchaser sof far as based ona a clalm that any time, does not Justify the continuation ofp production or shipment of goods product, or any part thereof, sold hereunder constitutes an infringement or ordered ont thet termsc ofpayments agreedu upon, seller, initss soled discretion, may writing misappropriatione ands given ofintellectual; information, ESCrwN assistançe seller's in without obligation by either Immediate purchaser or seller with respect to thereina againstt theimmediate) purchaser, providedt thatt thisa agreements shallr not any payment is not madei in full when due, seller is entitledt tor recover not furnished byt thes seller. In case the product, ora any part thereof, fumished possession oft the goods shipped, and if they are ini immediate purchaser's hereunderi isi ins such suit held to constitutel Infringement andi its usee enjoined, possession or control thei immediate purchaser shall assemble them ataplace thes seller shall, atit its owne expense and ati itso option,e either (1) procure for the tol be designated bys seller. Repossession bys seller shall note exclude or modify Immediate purchaser the rightt to continue using said product or part thereof, any remedy provided by law. Also, ifp payment is not made ini full when due, or (2)r replace thes same witha an noninfringing product; or (3)r modifyi itsot thatit then outstanding, full or partial payment in advance or shall be entitled to pricea andt thet transportations andl Installation costst product thereof. Thef foregoingstates purchase cancel or defer any ofs such orders ori items orq quantities thereon ands shall be thee entirel liability ofthes seller withr respectt tob infringement bys saidp producto or under anyb bankruptcy ori insolvency laws, seller shall bee entitledtoc cancel any any partt thereof, manufactured toi immediate purchaser's design. As to such orders ori items org quantities thereon outstanding as ofthe date ofs such bank- equipment or product, ors any partt thereof, thes seller assumesr nol llabilityv what- shipment of products, components, and/or parts is required, premiumf freight omissionsi inc quotations, acknowledgments, invoices, or other documents. attention required by such orders, al handling charge of $100.00 will apply, in MODIFICATION, CANCELLATION,ORE DEFERMENT BY IMMEDIATE PUR- PRICEA ADJUSTMENTS: Pricesstatedons seller'sa acknowledgmenti foro orders, written notice andu upon confrmation! byseller'srevised: acknowledgement. and ori items ord quantities thereon, forv whicht thee earller ofthes actual ors scheduled uponterms, satisfactory toseller, which compensate: seller for alld damagess suf- date ofs shipment (the" "Controlling Date")isw withins 360d days from dateoforder, fered by reason of such modification, cancellation, or deferment. Any arei notsubjectto upwardor downward adjustment unlesss specifiedi int thec quo- modifcation, cancellation, ord deferment hereunder shall become effective no tation. Prices for orders, or items or quantities thereon, for which the earliert thant thed dates setf forthi int thes ArMéRdcROMadPNes each full 30-day period orf fraction thereof by whlch the Controlling. Date is specified catalog numbers adjusted on, unshipped orders up to 10 business QUOTATIONS: Any price, quantity, orc condition ofsales statedi ina any quotation witht thei items originallys specifedont thec ordero orj purchase contract. tations shall have anyf force ore effect after 30d days from date ofg quotation unless SELLER'S REMEDIES: The rights ofs seller specified! herein are cumulative All orders, whether or notl based upon specific quotations, ares subjectt to failurel bys sellert to exercise any right orr remedyshalli impaira any ofsuchr rights Subsequent tot thei issuanceofg quotations, seller may, without notice, make other orf furthere exerciset thereof or thee exercise ofanyotherr righto or remedy. may bes supplemented" with thel letter "R" followed by a digit identifying the EEO COMPLIANCE: Seller shall ablde by ther requirements of 410 CFR SS If specified Int thec quotation, ar materials surcharge may be applied to the nation against qualified Individuals based ont thelr status as protected nets selling prices ofp products att thet time ofs shipment, depending ont the cost veterans or Individuals with disabilities, and prohibit discrimination TAXES: Wheret thes selleri is requiredtop payorc collects sales, use, ord othertaxes, torsa ands subcontractorst takes affirmative: actiont to employ ands advancel In LOSS, DAMAGE, ORI DELAY: Shipping dstesa ares approximate and areb based natlonal origin,protected veteran status or disability. upon prompt receipt of all necessary Information. Seller ist notl liable forl loss, ILLINOISL LAW GOVERNS: Thel lawso ofllinoiss shallg govemt thel interpretation damage, detentlon, ord delay duet toc causes beyondi itsr reasonable control such ande effect ofa allc contracts andt ther rights andremedies oft thep parties. CHANGESTOI PRICES AND CONDITIONS OF SALE: Priçes and conditions (2) 35%ofther nets selling pricef fors standard catalog productsr notr regularly car- WITNESS OFTEST: Normalp production proceduresdon not provide opportu- warrant being placed ins stock and which can be returned directly to stock nity for immediate purchaser to witness routine factory tests on thelr withoutreinspection, repackaging, repair, orr modification; apparatus. Witness ofs such testsb byt thei immediate purchaser requires special (3) 50%60 oft ther nets selling price for standard catalog products not sufficiently processing of the order and usually entails delays inj production. and addi- activet tov warrantbeingi placedi ins stocka andv whicht thereforer mustb be unpacked RETURNS: Products may not ber retumed by immediate purchaser without (4) 60%or moreofther nets sellingpricei forp products ofac custom nature which first securing authorization. anda ar return goods authorization: number. Where must! be unpacked and disassembled and from which only certain parts and sellerp plus costo ofrestocking,' repackaging, reinspection,' repair, ord disassembly ont ther materialt tol ber returned, shouldbes shipped, freightprepaid: anda atimme- asa applicable. Only products manufactured withint the pastt two years ands still diate purchaser'srisk,t tot thes addressh below unless otherwise instructed:  orn militarya authoritypriorities fires, strikes, labori issues ord difficulties, floods, ingr necessary labor, materials, andr manufacturing facilitiest from usual sources INTELLECTUAL PROPERTY: Thes seller shall defend anys suit orp proceeding  duet tos sucho causes.  TERMS OFF PAYMENT: Nets 30days. Theg goodss shall remainpersonal; property ands seller retainsasecurityl interestt therein until fully paid. cancel or defer any orders ori items or quantities thereon then outstanding,  require revision of payment terms toi its satisfaction ors shall be entitled to fort thec defense ofs authority, andt thes sellers shall anda  (ats expense) pay alld damagess and costs awarded  same,  unshippedgoods. If  extend tos any infringement based upon ther manufacture, use, ors sale ofs said product or any part or parts thereof, Inc combination" with apparatus ort  things  seller may require, with respectt tos any orders or items or quantitiest thereon becomes noninfringing; or (4) remove said  and refund the  entitledt top payment byi immedlialepurchaser fora allo damages. Int thee eventa any proceedingis! brought byo or againsti immediate purchaser  any partt thereof.  Thej preceding paragraphs shallr not apply toa any equipment or product, or  ruptcy ori insolvency.  soever fori infringement or misappropriation.  HANDLING CHARGES FOR IMMEDIATE SHIPMENTS: When immediate CLERICAL ERRORS: Seller  the right to correct clerical errors or  methods will be employed tor minimize transportation time. Due tot the extra additiont tot thee extrac chargesf forpremium frelght.  CHASER: Orders or purchase contracts may be modified or cancelled, and scheduled shipments may bec deferred, only uponi immediate purchaser's) prior  Controlling! Datei is beyond 360 daysa after date of order, may bei increased at time ofs shipment by percentages which will not cumulatively exceed 1% for ise effectivef for 80d daysf fromo dateofquotation unlesso changedb by notice. Noquo- effectivey periodo ofsucho quotationise expressly extendedins writingby seller. acceptancel byt theseller only atitsg generai officesi in Chicago, Mlinois. design changes forp product modernization or improvement. Catalog numbers levels ofp purchased partsa andr materlals Int thep preceding month. thes amount willl bes addedt tot thei invoice asaseparatei item.  Additional number items catalog  added may bes to, and/or quantities of  beyond: 360d days afterd datec ofo order.  days from the order or purchase contract date. Shipinent schedules for addi- tionali items are dependent upon producta avallabillty;t thesei items may nots ship andl Ina addition tot ther rights availablet tos seller atl law ori ine equity. No delay or or remedies or be construed to be a waiver ofa any breach or acquiescence therein. Anys singlec ory partiale exercise ofanyr right orr remedys shallnotp preclude 60-14.,60-300.510) ande 60-741.5(a).7 These regulations prohibit discrimi- againstall Individuals! basedo ont theler race, color, rellglon, sex, or national origin. Moreover, these regulations require that covered prime contrac- employment Individuals without regard to race, color, rellglon, aex,  latest deslgn revision.  POLICIES RELATING TO SALES  ofs sales ares subjectt to changev withoutr notice.  riedi ims seller's active warehouse. stock, but which are sufficiently active to  tional charges,i information onw which can bef furnished onr request. products, charges willl be madet to cover outgoing transportation paid by the ofcurrent design willb bee ellgiblef forr retum. Ing general, charges, overa anda above thet transportation, willb beb basedont thef followings schedule: (I) 25%0 ofthen nets sellingn pricef fors standardo catalogp products regularly carried Inseller'sactive warehouses stockandretumables directlyt tostocky without reln- spection, repackaging, repair, orn modification; 2 S&C Price! Sheet 150  andd disassembled;  seller authorizes immediate purchaser to retum unused, recently received subassemblies ares salvageable.  Authorizedi retums, witht the retum goods authorization number identified  S&CE Electric Company Repair Center 1800D Devon Avenue Chicago, Dilnois 60660-1010  182    Town of Smithfield Town Council Action Form  Item: Downtown State Grant Application Funds ($96,107)  Date of Meeting: March 1, 2016  Date Prepared: February 23, 2016 Presentation: Business Item  Staff Work By: Jim Freeman, Interim Town Manager  Shannan Williams, Town Clerk  Background: Please reference the January gth received State Office and Budget & Management Memorandum along with attached application form and grant agreement in the agenda packet. The Interim Manager did have a. January 26h telephone call with State Budget Office representative Arnetha Dickerson regarding the application. 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 At the February 2nd meeting, Council was presented with suggested downtown projects from the Appearance Commission and the Downtown Smithfield Development Corporation. A decision was tabled at that meeting pending a more condensed list of projects. Attached hereto are the top three recommendations by the Appearance Commission, the Downtown Smithfield Development Corporation and al list of all suggested projects.. In summary such are bulleted as  sometime after completion.  follows:  "Appearance Commission Priority - Market Streetscape Lighting  2nd Appearance Commission Priority - Streetscape (sidewalk) improvements to the 100 3"A Appearance Commission Priority - Parking Lot improvements: Market Street across 1st DSDC Priority Market Streetscape Lighting as proposed by the Appearance 2nd DSDC Priority - Greenway related enhancements such as benches, picnic tables, 3"DSDC Priority - WayFinding System, Downtown components including manumental  block of South. 3rd Street from the Court House Commission  water fountains, etc.... gateways  Board Action Request: The Council is being requested to consider/approve of a downtown project activity/ activities for submission in the State's! $96,107 grant application and grant agreement. 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. It is the interim manager's suggestion that Council decide on a downtown project  183    concept and direct staff to work out the administration, responsibilities, timeline and accounting details. However as a "check and balance", Council may want staff to present worked out details for record prior  to actual mplementation..n. case any questions/Concerns.  184    STATE OF NORTH CAROLINA OPRCEOFSTATEBUDGETAUDGETANDMAMAGEMINT  PATI MCCRORY GOVERNOR  LBEHARAISSROBERIS STATE BUDGET DIRECTOR  January 6, 2016  MEMORANDUM: TO: FROM:  Jim Freeman, Town Manager Town of Smithfield Lee Harriss Roberts State 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 we 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 suret toj provide yourtaxpayer ID: number, fill out the scope ofwork section with a description of how you plan to use the funds, and sign and date the  contract.  Please: return the signed forms to the attention of Arnetha Dickerson. Once we! 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.  Ifwecan! bec ofassistance, please donot] hesitate to call Arnetha Dickerson or Erinl Matteson  at (919) 807-4700. J9 Thank you.  LHR/ad Attachments RECEIVED JAN08 2016 Mailing address: 20320N Mail Service Center Raleigh, NC 27699-0320  wwwasbm.statemc.s 919-807-4700 **FAX: 919-733-0640 AnEEO/AAI Employer 185  Office location: 5200 Administration' Building 116 West. Jones Street    OSBM-9/07  REQUEST FORI PAYMENT OF APPROPRIATIONS)FROMNORTHG CAROLINA GENERAL FUND  (SEE LETTER ENCLOSED)  Jim Freeman, Town Manager 350 E. Market Street (PO Box 761) Smithfield, N.C27577 2015-16 Allocation: $96,107  Purpose: Appropriate funding to the Town of Smithfield for downtown revitalization efforts.  Part A. TOBEC COMPLETED BY ALL RECIPIENTS 1. Contact's Name: Jim Freeman 2. Contact's Position in Organization: 3. Federal Identification Number 4. Kind of Organization: Corporation  Telephone: 919-934-2116  Trust  Partnership. to basis. No  Government Other  Unincorporated Association  5. Match Required (Circle One): Yes/No Ona Ifmatchingi is required, is cash match in hand? Yes  Ift the required match is not in hand, by what date and from what source does the organization expect to  have the cash match?  6. Fiscal Year ofl Non-State Entity (e.g. year ending June 30, December 31, other). Part B. TOI BE COMPLETED BY ALL RECIPIENTS. FORM MUST BEI NOTARIZED  Signature ofi individual making request  Notary Public (official seal) Date Notarized  186    STATE OF NORTH CAROLINA TOWN OF SMITHFIELD, NC  TAXPAYERID.NUMBER  AGREEMENT  THIS AGREEMENT is hereby made between the State of North Carolina, Office ofState 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:  187    ARTICLE II TERMINATION  A. The term oft this Agreement shall begin on the effective date described in Articleland shall terminate upon the earlierof(1) completion ofall required services, or (2) an earlier termination  as provided fori inj paragraph B 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 ori interruption ofelectrical power or other public utility, or delays in transportation or any cause  to assure performance of this Agreement or any of the Services;  any of Contractor's property or assets.  beyond its reasonable control.  ARTICLE III GENERAL PROVISIONS  A. The failure of either party to insist in any one or more instances upon strict performance of any ofthe terms or provisions oft this 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 ofi its rights or remedies under this Agreement shall be deemed to be a 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 law or  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.  188    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 mehadelemogsbace is hereby designated as Jim Freeman, Town Manager, im.freeman@smithfield-nc.com) is hereby designated as the D. Availability of Funds. The parties to this contract agree and understand that the payment ofthe 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 oft 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 to the performance of 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 a 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  189    190    Smithfield  Appearance Commission  Recommendations  For  Revitalization Grant  191    Revitalization Grant  Recommendation by Smithfield Appearance Commission  At our meeting 2/16/2016 our commission discussed and voted to recommend "up lighting" the trees and possibly wrapping them along Market Street, as we presented at the last council meeting as the "Market Street Scape Lighting Project". We have all visited cities with this kind of lighting in their downtown areas and the impact was amazing. The lights made their cities safer and more inviting for public use, downtown festivals, restaurants, and businesses, as well as the citizens and guests. Imagine our Christmas parade and Ham & Yam, Wine Walk with this additional  beautification.  This picture is a sample of "Up lighting". Lights are set into the ground forcing the light up into the trees. Also illuminates the sidewalks at the same  time. The estimated cost for this project is $56,564.84.  192    Our Second recommendation is for new and enhanced sidewalks along 100 block of South 3rd street. They are in desperate need of repair and they could be beautiful using colored stamped concrete or Brick borders. This area would be great "up lighted", as well connecting Market Street to  Johnston.  The pictures show a sample of stamped colored concrete. The estimated  price is $8-12 per sq. foot one color.  193    The Library has set in some brick work we could match this fixing the areas that most need attention and incorporate regular cement where needed  forming a pattern and helping with the cost.  194    Our sidewalks are dangerous and falling apart. The curbs are almost gone in some areas. This Street location has the potential to be very busy and a great  destination for future businesses, and Events.  195    Our third recommendation includes the resurfacing oft the Parking Lot across from the courthouse on Market Street. This project has already started with the new paper bark maples that were planted last year. The positive impact will be complete when the tree roots are gone and the new pavement, fresh Before and after pictures will tell the story once any of these projects are complete. We feel any of these projects would be a true step in revitalizing Our commission would be very happy to elaborate details and help with completion, once the decision is made where the Grant Funds will be  striping, and additional tree lighting in this area.  our downtown area.  allocated.  Respectfully Submitted by Chairperson Peggy Scott Smithfield Appearance Commission 919-915-0448 Curaineall@me.m.com  196    Downtonn - -  DEVELOPMENT CORPORATION  February 16, 2016 Jim Freeman, Interim Town Manager Town of Smithfield PO Box 761 Smithfield, NC: 27577  Re: Downtown Revitalization Grant Dearl Mr. Freeman:  After much consideration, the DSDC Board would like to put forth the following recommendation 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, which Ih have detailed below.  First priority: Cost: $56,564.84 Timeline:  Market Street lighting project proposed by the Town's Appearance Commission, which  would uplight trees along Market Street  Benefit: Increased lighting would improve the appearance of Downtown Smithfield, as  well as make downtown appear safer to patrons.  Second priority: fountains, picnic tables, etc.) Cost: $10,000 Timeline: Approximately six months making our riverfront more of a destination.  Greenway-related enhancements (to potentially include additional benches, water  Benefit: This would improve an existing asset that attracts a large number of people downtown, and also builds upon the progress of the boat ramp improvements toward  Third priority:  Fabrication and installation of the downtown components of the wayfinding system, to include two downtown monumental gateway signs and seven: small trailblazer signs  Cost: Approximately $37,250  200 South Front Street e Smithfield, North Carolina 27577 e (919)934-0887  197    Timeline: Approximately six months if pursued aggressively  Benefit: The installation ofwayfinding signs will increase visibility for Downtown Smithfield businesses and attractions, specifically the greenway, boat ramp, tourist information, Hastings House, Johnston County Heritage Center, Courthouse, Town Hall, There were many other good ideas considered, some of which we will continue to pursue through DSDC committees and partnerships with other organizations. The DSDCis excited about thej potential impact that this downtown revitalization grant can have, and looks forward to continuing to work with the Town to make Smithfield a better place for our citizens and visitors. Should you have any questions regarding these recommendations or other possible projects, please let mel know.  Library and Ava Gardner Museum.  Sincerely,  Sarah Edwards Executive Director  200 South Front Street . Smithfield, North Carolina 27577 e (919)934-0887  198    Financial Report    Town of Smithfield Revenues VS. Expenditures  2016Y YTD GF Revenues VS. Expenditures $9,013,244 $7,041,827  2015 GF Same Period $8,664,519  $8,000,000 $7,000,000 $6,000,000 $5,000,000 $4,000,000 $3,000,000 $2,000,000  $6,588,496  $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000  "GFF Revenues2 2014 "GFE Expenditures 2014  GFR Revenues 2015 GFE Expenditures 2015  FY15-16atlan.31  FY14-15atlan.31  2016' YTD w/s Revenues VS. Expenditures $3,319,221 $3,009,544  2015 w/s Same Period $2.995.020  $3,188,052  $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $0  $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000 $o  W/SF Revenues 2014 "w/5Expenditures: 2014  W/SR Revenues 2015 W/SE Expenditures 2015  FY15-16atlan.3 31  FY14-15atlan.31  2016 YTD Electric Revenues VS. Expenditures $9,786;149 $9,125,173.  2015 Electric Same Period $10.531,009  $11,043,292-  $12,000,000 $11,000,000 $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  $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  ElectF Revenues 2014 Elect Expenditures 2014  ElectR Revenues 2015 ElectExpenditures: 2015  FY15-16atlan.31  FY14-15atlan.31  199    TOWN OF SMITHFIELD January 31, 2016 Gauge: 7/12 or 58.31 Percent  MAJOR FUNDS FINANCIAL SUMMARY REPORT  58.30%  GENERAL FUND Frequency Monthly Quarterly Monthly Monthly Monthly  Actual FY'14-5 552,153 1,018,994 2,131,536 827,203 1,303,621 1,571,522 140,000 373,542  Budget Actual tol Date YTD%  Revenues  FY'15-16 425,000 810,000 1,990,000 829,400 1,326,200 1,281,581 182,000 397,542 240,300  FY'15-16 Collected 317,228 74.64% 531,247 65.59% 908,798 45.67% 439,757 53.02% 680,580 51.32% 899,976 70.22%  Current & Prior Year Property Taxes Monthly  $ 5 5,609,217 $ 5,499,200 $ 5,235,658 95.21%  Motor Vehicle Taxes Utility Franchise Taxes Local Option Sales Taxes Aquatic and Other Recreation Sanitation AllOther 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) AppopratonsComnbutons Total  0.00% 0.00%  $13,527,788 $ 12,981,223 $ 9,013,244 69.43%  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 $ 196,154 70.70%  440,222 35.11% 1,600,821 113.97% 79,558 59.17% 183,160 44.92% 1,783,175 50.46% 777,785 57.42% #DIV/O! 243,222 49.49% 247,673 45.49% 43,568 46.74% 38,589 12.83% 554,626 51.06% 356,174 44.13% 497,100 51.66%  0.00% 0.00%  $11,807,754 $ 12,981,223 $ 7,041,827 54.25%  YTD Fund Balance Increase (Decrease)  200    58.30%  WATER AND SEWERFUND  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 AII 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 1,459,609 51.91% 8,625 53.91% 15,415 146.81%  $2,044,310 $ 2,144,580 $ 1,099,724 51.28% 702,966 $ 670,000 $ 426,171 63.61%  0.00% 0.00%  $5,919,737 $ 6,704,769 $ 3,009,544 44.89%  Actual FY'14-5 FY'15-16 4,833,120 110,404 174,443  Budget Actual to Date YTD%  Expenditures Water Plant Water Distribution/Sewer. Coll (Less Transfers) Transfer to General Fund Transfer to W/S Capital Proj. Fund Debt Service Contingency Total  FY'15-16  Spent 2,084,538 51.36% #DIV/O! #DIV/O! 2,225 1.49% 0.00%  $2,013,752 $ 2,298,382 $ 1,232,457 53.62%  4,058,512 149,466 198,409  $7,131,719 $ 6,704,769 $ 3,319,220 49.51%  ELECTRIC FUND  Actual FY'14-5 440,314 249,365 75,600  Budget Actual to Date YTD%  Revenues Electric Sales Penalties All Other Revenues Loan Proceeds Fund Balance Appropriated Total Expenditures AdminsmutonOpenations 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 265,048 70.68% 28,412 69.30%  $19,144,269 $ 17,244,400 $ 9,492,689 55.05%  $19,909,548 $ 18,112,552 $ 9,786,149 54.03%  Actual FY'14-5 15,914,155 377,579 283,015 243,542  Budget Actual to Date YTD9 %  FY'15-16 14,200,000 366,240 466,000 636,846 243,542  FY'15-16 Spent 7,440,192 52.40% 350,491 95.70% 44,761  1 1,935,179 $ 2,199,924 $ 1,289,729 58.63%  0.00%  $18,753,470 $ 18,112,552 $ 9,125,173 50.38%  201    CASHANDI INVESTMENTS: 8,700,594 3,547,040 7,867,239 (203,662) 146,208 68,620 178,937 145,834 124,677 $20,575,487  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) Firel District Fund(51) JB George Endowment (40) Total *Plug  Interest Rate  1st CITIZENS NCCMT STIFEL KS BANK BB&T PNC BANK  13,196,528 0.20% 2,239,504 0.080% 26,261 Market 4,911,648 2,.65,&.8 201,546 0.10% $ 20,575,487  0.12%  Account Balances Confirmed By Finance Director on 01/25/2016  202    Department Reports    MITHFED  NORTH CAROLINA  FINANCE DEPARTMENTAL REPORT FOR. JANUARY,2016  SUMMARYOF ACTIVITIES: Daily ColectionsyProperty Taxes/Other. Franchise Tax.. Sales & Use Tax.. Powel Bill.. Total Revenue FINANCE:  $3,960,019 0 170,742 0 $4,130,761  Expenditures: General, Water, Electric and Firemen's Fund..... $2,898,136 Compiled and submitted monthly retirement report on 1/29/2016  Issued 52j purchase orders  Processed 640 vendor invoices for payment and issued 337 accounts payable checks Prepared and processed 2 regular payrolls and 1 special payroll for Interim Fire Chief. Remitted federal and state payroll taxes on 1/15/2016, 1/27/2016, and 1/29/2016 Issued 01 new privilege licenses (new law change in effect 7/1/2015) Collected $25 on past due privilege license fees. NOTE: This brings the total collected to $8,656. The past due collections are the result of mailing some 284 past due notices to local businesses. Sent out second notices to businesses that still haven't paid. 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  Processed 191 NSF Checks (Utility and SRAC)  payers received tax refunds this filing year Other month end data report attached  FINANCE DIRECTOR  Attended Town Council regular meeting on January 5, 2016 Developed Water Fund Fund Balance Policy  Participated: in conference call to the LGC regarding unit letter and how to properly respond on  1/7/2016  Responded to unit letter sent by the LGC on January 21, 2016 Completed Powell Bill Municipal Street Data Report  AtemdedI&Ifinding: meeting  Met with the Wooten Company regarding possible water/sewer rate study Arranged and attended Financial Software demo with Tyler Technologies on 1/13/2016 Attended. Johnston County Emergency Management kickoff meeting on 1/28/16 Assisted and coordinated departments with capital improvement plans Invoiced Smithfield Housing Authority and JCC for resource officers  Aided inj preparing non-profit application and letter  Invoiced 3 grave openings  Implemented a 5% average electric rate reduction effective with the. January 2016 bills.  203    Finance Department Totals for January 2016  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 Door Hangers Disconect for non-pay Reconnect for payment received Bank Drafts Lockbox ECO Payment Totals  10,001 10,246 0  $0.00  6,079 $2,262,163.10 927 42,382,000 0 607 47 1,632 17 16 389 55 47 720 $368,982.75 861 $345,087.74 163 428 3,498 $3,073,581.51 0 0 0 16 0 213 211 97 15 82 2  $33,841.50 $63,579.02 $0.00 -$3,708.00 -$9,803.72 $24,512.26 $4,816.74 $2,215.24  IVR-phone On-Line (website)  $94,320.64 BOTH $0.00 EMS $0.00 SRAC $0.00 Utility $3,660.02 Utility $0.00SRAC  Cash Window Transactions/Payments Accts collected from Debt setoff Accts submitted to Debt Setoff Service Orders Requested Orders Completed Orders  Terminated Accounts Meters Rechecked New' Turn on Accounts  Meter Tamper/ Meter Missing  $600.00  Phone Call Usage CSR-Elaine Inbound Outbound  Duration 560 105  11:04:10 1:54:09  GR/Colections-Audrey  204    Inbound Outbound Inbound Outbound Inbound Outbound Total Town (Trunkli Lines) Inbound Outbound  307 151 73 15 399 71 4,404 1,704  7:17:50 2:36:45 1:54:18 0:30:15 2:54:17 2:31:06 112:39:35 64:17:58  Collections- Cash Window#2  Switch Board Operatorx1101  205    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  350 E. Market St Smithfield, NC 27577 P.O. Box 761, Smithfield, NC 27577  SMITHFEID  NORTH CAROLINA  BOARD ACTIONS REPORT - 2016  January  Calendar Year to date  Town Council Rezoning Conditional Use Ordinance Amendment Major Subdivisions Annexations Special Events Planning Board Rezoning Condition Use Ordinance Amendment Subdivisions Annexations  0 2 0 0 0 0  0 2 0 0 0 0  0 1 0 0 0  0 1 0 0 0  Board of Adjustment  Variance Admin Appeal  0 0  0 0  Historic Properties Commission Certificate of Appropriateness Historic Landmarks  0 0  0 0  206    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  350 E. Market St Smithfield, NC 27577 P.O. Box 761, Smithfield, NC27577  SMITIHED  NORTH CAROLINA  Permit Issued for January 2016  Permit Fees 300.00 400.00 300.00 1,000.00  Permits Issued  Site Plan Minor Site Plan Zoning Land Use Zoning Sign Total: YTD Total:  3 4 13 13  Permit#  Type Sub Type  Business Name Capital Auto Smithfield Buffalo Wild Wings Graycliff Enterprises.  Project Address  Z16-000001 Zoning Sign Z16-000002 Zoning Land Use Z16-000003 Zoning Land Use Z14-000094 Zoning Sign Z16-000004 Zoning Sign Z16-000005 Zoning Land Use Z16-000006 Zoning Land Use Z16-000007 Zoning Land Use Z16-000008 Zoning Sign Z16-000009 Zoning Land Use Z16-000010 Zoning Sign Z16-000011 Zoning Land Use Z16-000012 Zoning Land Use  713 South BRIGHTLEAF Boulevard 110 South EQUITYDrive 47 HUNTINGTON Place 6101 POWELLStreet 238 GALILEE Road 385 West MARKET Street 706 WILKINS Street 1235 West Market Street 819 North BRIGHTLEAF Boulevard 819 North BRIGHTLEAF Boulevard 1237 North BRIGHTLEAF Boulevard 1237 North BRIGHTLEAF Boulevard 2591 South BRIGHTLEAF Boulevard 1241 North BRIGHTLEAF Boulevard  SP16-000001 Site Plan Minor Site Plan Single Family Dwelling  Jackson Hewitt' Tax Service 823 North BRIGHTLEAF Boulevard  SP16-000002 Site Plan Minor Site Plan single Family Dwelling  Manny's Auto Inc AliLung Clinic Starling Heating And Air Urban Vibes Urban' Vibe Cost Cutters Cost Cutters Verizon Wireless Sprint Store  207    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  350E E. Market St Smithfield, NC: 27577 P.O. Box 761, Smithfield, NC: 27577  SMITHFIED  NORTH CAROLINA  CODE COMPLIANCE MONTHLY REPORT 2016  Jan-16 72 69 68 75 75 0 0 0 0  Calendar Year To date 72 69 68 75 75 0 0 0 0  Written Violations Resolved Violations On Site Meetings Temporary Signs Violations Temporary: ySigns Removed Comdemned Structures Removed Community Volunteers Families Helped By Helping Hand' Volunteers ADA Compliant Ramps Built ByVolunteers  208    TOWN OF SMITHFIELD POLICE DEPARTMENT MONTHLY REPORT  MONTH ENDING January 31,2016  I.  SIATISTICALSECTION  Month Ending. Jan. 31, 2016 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  Jan-16 1615 181 153 59 120 09 24 10 218 57 38 31  Jan-15 Total 2016 Total 2015 YTD Difference  1842 189 159 61 131 13 21 07 313 91 77 36  1615 181 153 59 120 09 24 10 218 57 38 31  1842 189 159 61 131 13 21 07 313 91 77 36  -227 -08 -06 -02 -11 -04 03 03 -95 -34 -39 -05  II. PERSONNEL UPDATE  Department has made one conditional offer to fill an existing sworn vacancy. Two additional sworn vacancies exist. One additional background to fill one sworn vacancy is underway. Applications were received for the records clerk  position. The records position will be filled in February.  II. MISCELLANEOUS  The department's training records and state certification requirements were audited by the North Carolina Lawl Enforcement Training and Standards Commission. The records were found to be in excellent order with no deficiencies recorded. The state grant application for a 4 officer traffic team was submitted to the Governor's Highway Traffic Bureau. It is likely we receive the results from our application in August of 2016. The grant would be effective on October 1,2 2016. The MLK Parade was completed and was a  successful event.  209    User: MSOUTHERLAN  SMITHFIELD POLICE DEPARTMENT  02/03/2016 15:46  REPORTED UCR OFFENSES FOR THE. MONTH OF. JANUARY 2016  January January 2015 2016 0 1 1 0 1 1 3 13 8 4 1 57 1 0 71 74 31 20 2 12 1 2 9 2 0 1 0 1 6 0 2 0 0 6 95 169  Percent 0 N.C. -1 -1008 -1 -100% 0 N.C. -1 -100% 2 2008 0 -4 -318 -3 -388 -2 -508 1 1008 -5 -98 0 08 0 N.C. -9 -138 -9 -128  Year-To-Date 0 0 1 0 1 0 0 0 1 0 1 3 3 3 13 9 8 5 4 2 1 2 57 52 1 1 0 0 71 62 74 65 31 24 20 18 2 8 12 11 1 3 2 1 9 4 2 2 0 0 1 0 0 0 1 0 6 9 0 0 2 1 0 0 0 1 6 10 95 92 169 157  Percent 0 N.C. -1 -1008 -1 -100% 0 N.C. -1 -100% 2 2008 0 -4 -318 -3 -388 -2 -508 1 1008 -5 -98 0 08 0 N.C. -9 -138 -9 -128 -7 -238 -2 -108 6 3008 -1 -88 2 2008 -1 -508 -5 -568 0 08 0 N.C. -1 -100% 0 N.C. -1 -1008 3 508 0 N.C. -1 -508 0 N.C. 1 N.C. 4 678 -3 -38 -12 -78  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/Counterteit Fraud Embezzlement Stolen Property Vandalism Weapons Prostitution All 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_monthl)  +/- Changed 2015 2016 +/- Changed  0 0 0 0 0 3 3 9 5 2 2 52 1 0 62 65  08  08  24 18 8 11 3 1 4 2 0 0 0 0 9 0 1 0 1 10 92 157  -7 -238 -2 -108 6 3008 -1 -8% 2 2008 -1 -508 -5 -568 0 08 0 N.C. -1 -1008 0 N.C. -1 -100% 3 508 0 N.C. -1 -508 0 N.C. 1 N.C. 4 678 -3 -3% -12 -78  Page:1  210    Town of Smithfield Fire Department Month Ending: January, 2016  NORTHCAROLINA I.  Statistical Section Responded to:  YTD: 8 1 0 148 4 13 12 7 28 4 10 220 13 0 0 0 5 0 0 10 3 0  8 Total Structure Fires Dispatched Confirmed Structure Fires (Our District) 0 Confirmed Structure Fires (Other Districts)  148 EMS/Rescue Calls 4 Vehicle Fires 13 Motor Vehicle Accidents 12 Fire Alarms (Actual) 7 Fire Alarms (False) 28 Misc./Other Calls 4 Mutual Aid (Received) 10 Mutual Aid (Given)  220 TOTAL: EMERGENCY RESPONSES Conducted 13 Fire nspectonsyComplance Inspections Conducted 0 Public Fire Education Programs  0 Adults in Attendance 0 Children in Attendance  Conducted 0 Plans Review Consiruction/Renovation Projects  Issued 0 Fire Code Citations Issued 0 Fire Lane Citations Completed 10 Consultation/Walk Through Completed 3 Re-Inspections Completed 0 Fire Investigations  II. Major Revenues  Inspections: False. Alarms: Fire recovery USA: $2610.00 (Motor vehicle accidents)  $775.00 $250.00  $775.00 $250.00 $2610.00  Major Expenses for the Month:  211    III. Personnel Update:  High call volumes on numerous days are resulting in 2md and 3rd  duty crews being activated more frequently.  IV.Narrative ofmonthly departmental activities:  Fire Recovery USA funding continues to increase monthly. We attended a memorial service, held by the Johnston County Fireman' Association. Honoring retired fire chiefNorman January 22, 2016- Snow/Inclement weather. We responded to January 30, 2016- House fire resulting in one fatality. Wec continue to work on our departmental budget.  Johnson and fire engineer Chris Daniels.  many emergency calls.  212    Town of Smithfield Public Works Department January 31, 2016  THCARDUST  176 5 0  Total Work Orders completed by the Public Works Department  Burials, at $700.00 each = $3,500.00 Cremation Burial, $400.00 each = $0.00  $2,000 Sunset Cemetery Lot Sales  $5,000 Riverside Extension Cemetery Lot Sales 354.37 tons of household waste collected  210 7.53 36 16 9  tons of yard waste collected tons of recycling collected Animal Control work orders completed Cats transported to Animal Shelter Dogs transported to Animal Shelter  213    Town of Smithfield  Public Works Appearance Division Buildings, Facilities, and Sign Division  Cemetery, Landscapes, and Grounds Maintenance  Monthly Report January 31, 2016  I.  Statistical Section Burials  5 3 3 50  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  $2,000.00 $5,000.00 $3,500.00 $10,500.00  III. Major Expenses for the Month:  V.  Narrative of monthly departmental activities:  The overall duties include daily maintenance on cemeteries, landscapes, right-of-ways, buildings and facilities. The Public Works department held two safety meetings on Jan. 6 and Jan. 13, 2016 addressing operational procedures  and staffing concerns.  214    Town of Smithfield Monthly Report January 31, 2016  Public Works Drainage/Street Division  I.  Statistical Section  a. All catch basins in problem areas were cleaned on a weekly basis b. Assisted in the collection of storm debris after ice storm. C. 31 - Work Orders - 3,500lbs. of Cold Patch was used for 76 Potholes. d. Provided 83 traffic cones for Martin Luther King Parade. e. 36 - Work Orders were completed regarding Animal Control related issues. 16 Cats and 9 Dogs were transported to the Animal Control Shelter.  II. Major Revenues None for the month. III. Major Expenses for the Month: None for the month. IV. Personnel Update: None for the month.  V.  Narrative of monthly departmental activities:  The Public Works Department worked closely with the Police Department on providing traffic control devices for the Martin Luther King Jr. Parade held in downtown Smithfield on. Jan. 8, 2016. ThePublicWorks heldt twos staff meetingson Jan. 6, and Jan. 13, 2016 addressing operational procedures, and staffing concerns, and any other concerns that had not been previously addressed.  215    Town of Smithfield Public Works Department January 2016 Drainage Report  Location:  Venture drive in front of Urgent Care, S: 2"d and Johnston Street, 32-46 Peedin Road, Venture and Magnolia, 721 Venture Drive, 735-270-275- 190-255 Equity Drive, Venture and Outlet Center Drive, 809-633-259- 308-447Venture Drive, Venture and Peedin, 847 Al Midway, 408 S3r Strect, 2" and Stevens, 817S2"d Street, Chery and Dail, Front and Johnston, 107 Front, Buffalo and North, Caswell and 7*,9"a and Market, 108 Dail, Woodsdale Drive, Midway and 2"d Ave, Hood and' Vermont.  Starting] Date: Completion Date: Description Man-hours: Equipment: Materiais: Location: Starting Date: Completion! Date: Description: Man-hours: Equipmènt: 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:  1/6/2016 1/29/2016 Repaired 761 potholes. 24hrs. 402 pickup plus hand tools. 70 bags of Perma Patch asphalt. Outlet Center Drive. 1/6/2016 Still working on project. Street to end ofcity limits. 74hrs. N/A Hood Street and Gaston Street. 1/19/2016 1/20/2016 Scrapped dirt roads with backhoe. 12hrs. 420 Cat backhoe, 405 dump truck. N/A CityLimits. 1/21/2016 1/23/2016 97hrs.  Crews are removing vegetation from right of way area from Market  402,9 905,300, 311 knuckleboom plus hand tools.  Distributed brine and scraped roads due to ice storm. 402, 404, 420 Cat backhoe, 4061 flatbed, 903. 4,000 gallons ofbrine and 2 pallets ofi icemelt.  Boat ramp. 1/26/2016 1/26/2016 Scrapped boat ramp. Ihr, 420 Cat backhoe. N/A  216    Location: Starting Date: Completion Date: Description: Man-hours: Equipment: Materials: Location: Starting Date: Completion Date: Description Man-hours: Equipment: Materials:  71 Brookwood Drive. 1/27/2016 1/27/2016 56hrs.  Repaired damaged storm drain line under transformer box.  Jet truck, 405 dump truck, Backhoe. 2y yards of3000psi concrete,  Fayetteville Street, Dead End behind Byrd's store.  1/28/2016 1/28/2016 13.5hrs. 7tons of 57 stone.  Cleaned curb line and right of way area for positive drainage. Jett truck, 405 dump truck, 420 Cat backhoe.  217    Town of Smithfield Monthly Report January 31, 2016  Public Works Fleet Maintenance Division  SOSTRCARMINN  I.  Statistical Section 4 Preventive Maintenances 0 North Carolina Inspections 36 Work Orders  II. Major Revenues  None for the month  III. Major Expenses for the Month:  None for the month IV. Personnel Update:  None for the month  V.  Narrative of monthly departmental activities:  The shop employee performed preventive maintenances on. all Town owned generators. The PublicWorks held two staff meetings on Jan. 6, and. Jan. 13, 2016 addressing operational procedures, and staffing concerns, and any other concerns  that had not been previously addressed.  218    Town of Smithfield Monthly Report January 31, 2016  Public Works Sanitation Division  . Statistical Section  The Division collected from approximately 4100 homes, 4 times during the month a. Sanitation forces completed 31 work orders b. Sanitation forces collected 354.37 tons of household waste Sanitation forces disposed of 105 loads of yard waste and debris at Spain d. Recycling forces collected 0 tons of clean wood waste (pallets) e. Town's forces collected 1.39 tons of construction debris (C&D) f. Town's forces disposed of 170 scrap tires g. Recycling forces collected 4.03 tons of recyclable plastic h. Town's forces collected 2,960 Ibs. of cardboard Disposed of 4,160 Ibs. of plastics & glass  Farms Nursery  A total of 0 gallons of cooking oil was collected at the convenience site k. At total of 144 gals. of used motor oil was collected at the convenience site.  II. Major Revenues  a. Received $67.54 from Sonoco Products for cardboard material Sold 4,220 Ibs. of shredder steel for $137.15 to Omni Source  b. Sold 0 Ibs. of aluminum cans for $0.00 III. Major Expenses for the Month:  C.  Spain Farms Nursery was paid $3,296.00 for disposal of yard waste and debris. Carolina Environmental Systems, Inc. was paid $128,503 for the purchase ofa 2016 Freightliner Knuckle Boom Loader to pick up yard debris and C&D. Clean Harbors Environmental Services was paid $1,319.67 for disposal of (4) 55-gal. drums of recycled latex paint and (2) 55-gal. drums of oil base paint. Due to the lack of man power the department continues to utilize a temporary  IV. Personnel Update:  employee to help out the sanitation crew. V. Narrative of monthly departmental activities:  The Public Works Department worked closely with the Police Department on providing event containers for the Martin Luther King Jr. Parade held in downtown Smithfield on Jan. 8, 2016. The Public Works held two staff meetings on Jan. 6, and Jan. 13, 2016 addressing operational procedures, and staffing concerns, and any other  concerns that had not been previously addressed.  219    SMITHFIELD ag PARKS & RECREATION PARKS & RECREATION MONTHY REPORT JANUARY, 2016  SMITHFIELD RECREATION AND AQUATICS CENTER  I. Parks and Recreation and SRAC Programs/Events Programs/Events in progress of recently completed: 30 SRAC paid day pass visitors > 465 ($ 3537.00) SRAC complimentary day pass visitors > 20 TOTAL DIRECT CONTACTS > 12,740  Total Contacts with Program Participants: 6628 *(does not include spectators) SRAC member visits > 5622*(does not include spectators, meeting attendees, etc.) SRAC Facility Rentals (Banquet Room, Gym, M-P Room, Pool,) > 39 Rentals ($ 5,370.00) P&R Athletic games, practices and tournaments > 32 (256 participants included in Total" above)  P&R Facility Rentals (fields, shelters, etc.) > 25 (1 Rentals)  II. Budget Information Through 1/31/16 & YTD:  Parks and Recreation Expenditures > approximately 45.5% SRAC Expenditures > approximately 52.5% SRAC Revenues collected > approximately 53%  III. Highlights  Hosted Bridge to Sports Wheelchair Basketball Tournament  Hosted 5 High School Swim Meets  POST OFFICE BOX: 2344 a 600 BOOKER DAIRY ROAD a SMITHFIELD, NC a 27577  OFFICE (919). 934-2148 a FAX (919)934-6554  220    SMITHFIEI  NORTH CAROLINA Utilities Department Monthly Report January 2016  Statistical Section Kw.  Electric CP Demand 25,766 Kw relative to December's demand of was17,511 Electric System Reliability for was 90.2261% relative tol December's 100% due to Raw water treated on a daily average was 3.144 MG relative to 2.988 MG for December; with maximum demand of 3.749 MG relative to December's 3.772 Total finished water to the system was 93.653 MG relative to December's 86.621 MG. Average daily for the month was 3.021 MG relative to December's 2.794 MG. Daily maximum was 3.810 MG (January 4th) relative to December's 3.399 MG. Daily minimum was 2.083 MG (January Sth), relative to December's  the ice storm near the end oft the month.  MG.  2.094MG. Miscellaneous Revenues  Electrical sales were $1,465,721_relative tol December's sales of$1,322,249 Water sales were $184,105 relative to December's $157,350 Sewer sales were $251,910: relative to December's $215,288  Johnston County Water purchase were $95,775 for 63.850 MG relative to  December's $63,573 for 42.382MG Major Expenses for the Month  Electricity purchases were $1,132,079 relative tol December's $909,668 Johnston County sewer charge was $283,111 for 94.133 MG relative to  December's $268,569 for 88.162 MG.  Personnel Changes-  221    SYTHEI  NORTH CAROLINA  Town Of Smithfield WATER AND SEWER Monthly Report JANUARY 2016  I.  Statistical Section REPLACED 8 WATER METERS SET 1 METERS FOR NEW ACCOUNTS REPAIRED 8 WATER SERVICE OR METER LEAKS REPAIRED 4 1 14"OR LARGER WATER MAIN BREAKS WASHED 11407 FEET SEWER LINES WASHED OR RODDED 2270 FEET OF SERVICE LINES INSTALLED 16 SANITARY SEWER CLEAN OUTS MADE 0 WATER TAPS, AND 0 SEWER TAP  II. Major Revenues  NA  III. Major Expenses for the Month:  IV. Personnel Update  V.  Miscellaneous Activities: RODDED OR FLUSHED 35 SEWER SERVICES REPLACED 1 FIRE HYDRANTS SERVICE CALLS 144 LOCATES 90 CHECK 18 LIFT STATIONS DAILY FLUSHED DEAD ENDS 17 TIME  FLUSHED ALL HYDRANTS ON HYDRANT LIST  222    SWIWHED  NORTH CAROLINA  MONTHLY WATER LOSS REPORT  January 2016  %4" LINE4/B-HOIE1HOUR X"L LINE- FULL FLOW 1.5 HOURS FUNE-V/EPOLE2HOURS X4"L INE1/B/HOLE4DAYS X4"LINE- 1/16" HOLE-4 HOURS 1%" LINE-S SHEAR-4HOURS 1%" LINE PARTIAL SHEAR- 4DAYS 2"LINE-3'LONG SPLIT-3DAYS 5/8" METER LEAKING AT NUT-3DAYS 5/8" METER LEAKING AT NUT-1 DAY 34" LINE-1/8" HOLE- 11 DAYS 6" MAIN -S SHEAR 4 4HOURS  223    999  999 ess 991985  9  vw .95  S -  co  48  224    FNoYDORe009F8979PF AANAAAR 88e  de  225    MTHFEI  NORTH CAROLINA  Town of Smithfield Electric Department Monthly Report January, 2015  I.  Statistical Section Street Lights repaired -35 Area Lights repaired -18 Service calls - 57 Underground Electric Locates -79 Poles changed out or installed -11 Underground Services Installed -2  II. Major Revenues N/A  III. Major Expenses for the Month:  N/A  IV. Personnel Update:  Utility Dept. had a Safety meeting on Confine Spaces.  V. Miscellaneous Activities: Removed Christmas Decorations  226