SMITHFIEI  NORTH CAROLINA TOWN OF SMITHFIELD TOWN COUNCIL AGENDA REGULAR MEETING APRIL7,2015  7:00 PM  Call to Order Invocation Pledge of Allegiance Approval of Agenda Presentations:  Page  1. Proclamation - In Memory of Norman Johnson (Mayor - John H. Lampe II.) See attached information.  2. Recognition of Service by Regina Sanders expressing her appreciation to the Smithfield Fire Department, Four Oaks Fire Department and. Johnston County EMS. 3. Recognition of Police Officer Michael Gray for obtaining the Advanced Law Enforcement Certification from the North Carolina Education and Training  (Councilman - Travis Scott) See attached information..  Standards Commission.  (Chief of Police - Mike Scott) See attached information..  Public Hearings:  1. CUP-15-01 NC 210 Car Lot: Continued from the March 3rd Council Meeting. The applicant is requesting a conditional use permit to construct and operate an automotive sales lot on property located within a B-3 (Business) zoning district. The property considered for approval is located on the west side of the intersection of Swift Creek Road and NC Hwy 210. The property is further identified as Johnston  County Tax ID# 15109015H.  (Planning Director - Paul Embler). See attached information.  11    Page  2. RZ-15-02 Larry Denning: The applicant is requesting to rezone approximately 9.51 acres of land from the R-20A Resdental-Agrcutura) zoning district to the B-3 (Business) zoning district. The property considered for rezoning is located on the south side of NC: 210 Highway approximately 1,200 feet west of its intersection with Skyland Drive. The property is further identifies as Johnston County Tax ID#  15076012A.  (Planning Director - Paul Embler) See attached information.. Citizens Comments: Please limit all comments to 3 minutes each.  57  Consent Agenda Items: 1. Approval of Minutes:  February 23, 2015 - Work Session March 3, 2015 - Regular Meeting March 17, 2015 - Work Session March 24, 2015 - Work Session  March 24, 2015 = Closed Session (Under Separate Cover).  .97  2. 5pecial Event - Senior Project MS Event: Madison Stewart is petitioning the Town for a special event as part of her senior project concerning a fund raising event for  MS.  (Planning Director - Paul Embler). See attached information.  .117  3. Consideration and approval of Resolution # 556 (05-2015) declaring equipment as surplus personal property and the approval of the electronic auction of surplus  personal property.  (Town Clerk - Shannan Williams) See attached information.  .121  4. Consideration and approval of Resolution # 557 (06-2015) Opposing House Bill 51 -  Justice for Rural Citizens Act  (Town Manager = Paul Sabiston) See attached information.  133  5. Consideration to Amend the Municipal Records Retention Schedule as recommended by the NC Department of Cultural Resources and approval of  Resolution # 558 (07-2015).  (Town Clerk - Shannan Williams) See attached information..  .137  6. Budget Advisement for reallocation of budgeted capital items for three items for the Water Plant Department using savings realized. No additional dollars are requested. The three items are as follows: as follows: 1) to expend $49,965 with the Perkinson Company for design, purchase and installation of Loss of Head (LOH) and Rate of Flow(ROF) Water Filter controllers as recommended by the NC DENR; 2) toe expend $17,280 with R.D. Braswell of Smithfield, NC fori the erection of the new    Page  bulk storage tank that can be used to store either Alum or Ferric sulfate; and 3)To expend $4,001 with Southern Corrosion for inspection and cleaning of the Town's1 (Interim Public Utilities Director = Pete Connet). See attached information. 7. Budget Advisement for reallocation of a portion of the FY 14-15 AMI/Smart Grid budgeted capital item from the Water & Sewer Fund for removal of sand and sediment and repair of the inflow/outflow piping in the Water Plant Raw Water Intake Pond. The estimated cost to remove sand and sediment and repair the inflow/outflow piping in the Raw Water Intake Pond is $330,000. The adopted FY 14-15 Budget allocated $150,000 for this remedial work. A total of $223,950 remains in the AMI/Smart Grid Project line item. This Budget Advisement seeks to allocate $180,000 of these dollars to complete remediation oft the Raw' Water Intake (Interim Public Utilities Director = Pete Connet). See attached information.  MG Clearwell.  .145  Pond. No additional dollars are requested. 8. Advisory Board /Committee Appointments:  147  (1*Term) Historic Properties Commission- Sheila Bryant (1*Term) Appearance Commission - Gary Stewart (Town Clerk-S Shannan Williams). See attached information. 9. Approval of Contract for Interim Public Utilities Director Pete Connet (Town Manager = Paul Sabiston) See attached information.  149 155  10. North Carolina Eastern Municipal Power Agency (NCEMPA) Board of Commissioners Appointment - Consideration to appoint Interim Public Utilities Director, Pete Connet, to serve as the First Alternate Commissioner representing the Town of Smithfield.  (Town Manager - Paul Sabiston). See attached information.  161 ..163  11. New Hire Report Business Items:  (Human Resources Director /F PIO-1 Tim Kerigan) See attached information.  1. Consideration of a Second Endowment from James P. George and approval of  Resolution #! 559 (09-2015) See attached information.  (Town Manager - Paul Sabiston and Finance Director - Greg Siler)  165  2. Approval of Resolution #560 (10-2015) to Modify the Electric Fund Revenue Bond  Rate and Payment with Southern Bank.  (Finance Director - Greg Siler) See attached information.  .177    Page 185  3. Report on Merchant Account Comparison  (Finance Director- Greg Siler)! See attached information.  Councilmember's Comments Town Manager's Report  Financial Report (See attached information). Department Reports (See attached information). Manager's Report (Will be provided at the meeting)  .191 .195  Adjourn    Presentations        PROCLAMATION  In. Memory of Norman R. Johnson  WHFREAS, on behalf of the Town of Smithfield, we wish to extend our sincere WHFREAS, Mr. Johnson's passing leaves our community with a deep feeling of WIFREAS, the operation of localgovermment is judgedby the dedication, compassion andyrofesionalioym of its leadership andsuch leaders are judged by their abilty,  condolences to the famify of Norman R.. Johnson; and  sorrow for the loss of such an oomamrepetatdtises and  character, undèrstanding andrespect for their fellow man; and  W3HFREAS, Norman R. Johnson exemplified these qualities as a member of the SmithfielTown Councifserving from 1983-1991; serving as Mayor Pro-Tem from  2003-2005; andserving as Mayor from 2005-2009; and  W3HERFAS, not only did Mr. Johnson serve on the Town Counci, but he also servedas WIEREAS, Mr. Johnson was later namedas the Director of Emergency Services which WHFREAS, under his leadership, the department recelyedrumerous awards for Fire WIHFREAS, Mr. Johnson earned the respect, admiration and high regard of all with whom he came into contact, andour community has sustained a great loss in his  the Town's first fullt time Fire Chief and  includedFire, Rescue and'Emergency Medical. Services; and  Prevention ands Safety; and  passing;  WSFREAS,for his service and dedication, My. Johnson was awarded the Order ofthe NOW, 1HERFFORE, I,. John H. Lampe n, Mayor of the Town of Smithfield along with the members of the Town Council, in recognition of Norman R. Johnson's many contributions to the Town and its citizens, we hereby express our deep appreciation for his dedication to the progress of the community andextend to  Eong Eeaf Pine in December 2009.  his family our sincere sympathy upon his passing  John H.. fampe II, Mayor  INWITNESS WIHFREOS,. IA have hereunto. set my hand and caused to be affixed the Great Seafoft the Town of  Smitffield on this Seventh day of Aprif in the year ofbur Lord Two Thousand Fifteen.    2    Town of Smithfield Town Council Advisement  Presentation: Recognition of Service by Regina Sanders expressing her appreciation to the Smithfield Fire Department, Four Oaks Fire Department  and Johnston County EMS  Information:  Councilman Scott was contact by Regina Sanders about a medical call (code Blue) that took place on December 24, 2014 at her home. Mrs. Sanders requested that she be able to express her appreciation to the members of the Johnston County EMS, Smithfield Fire Department and Four Oaks Fire Department for saving her life on Mrs. Sanders and her husband, Daniel Sanders, are very active members of the Town of Smithfield. The efforts of the above mentioned agencies are greatly appreciated by not only Mrs. Sanders and her family, but also by those that have the pleasure of  Christmas Eve.  knowing and working with Mr. & Mrs. Sanders.  3    4    Town of Smithfield Town Council Action Form  Item: Recognition  Date of Meeting: April 07, 2015 Staff Work By: Chief Michael L. Scott  Date Prepared: March 16, 2015 Presentation: Town Manager's Discretion  Presentation:  The police department is asking to recognize Officer Mike Gray as he receives his Advanced Law Enforcement Certificate from the North Carolina Education and Training Standards Commission. Officer Gray joins seventeen (17) other members of the Smithfield Police Department that have earned this specific recognition. To earn the Advanced Certificate, Officers have to surpass several law enforcement thresholds, including having at least nine years of law enforcement experience and over 1200 hours of continued law enforcement training. Additional Information regarding the North  Carolina Professional Certificate Program is attached.  Action Requested:  Officer Gray will be presented with the Advanced Law Enforcement Certification by the  Mayor or his representative.  5    > DEPARIMENT NORTH CAROLINA OF JUSTICE ATTORNEYGENERA. ROVCOOPER  PROFESSIONAL CERTIFICATE  PROGRAM  In order to recognize the level of competence of law enforcement in college education and professional law enforcement training programs, and to attract highly qualified people into a law enforcement career, the Criminal Justice Education and Training Standards Commission established the Law Enforcement Officers' Professional Certificate  Program.  Under this program dedicated officers may receive statewide and  experience.  The Commission makes these awards available under the authority granted pursuant to North Carolina General Statues, Chapter 17C, and in  accordance with  General Provisions  In order to be eligible for one or more of the professional awards, an The officer shall presently hold general law enforcement certification. A person serving under probationary certification is not eligible for The officer shall be familiar with and subscribe to the Law Enforcement  officer shall first meet the following preliminary qualifications:  consideration.  6    The officer shall be a full-time, sworn, paid member of a law  enforcement agency within the state.  service law enforcement training which is not mandated by the Applicants shall not be given credit for satisfactory completion of Commission-mandated Basic Law Enforcement Training courses.  Commission pursuant to 12 NCAC 09E.0102.  An officer can qualify for the Intermediate Certificate if he or she:  has accumulated at least thirty-two (32) education and/or training points has accumulated at least forty (40) education and/or training points and has accumulated at least forty-eight (48) education and/or training has an Associate Degree issued by an academic institution recognized by the United States Department of Education and the Council for Higher Education Accreditation; has accumulated at least sixteen (16) has a Baccalaureate Degree issued by an academic institution recognized by the United States Department of Education and the Council for Higher Education Accreditation; has accumulated at least eight (8) training points and at least two (2) years experience.  at least six (6) years experience, or  points and at least four (4) years experience, or  training points and at least four (4) years experience, or  Advanced Law Enforcement Certificate  An officer can qualify for the Advanced Certificate if he or she:  7    has accumulated at least forty-eight (48) education and/or training has accumulated at least sixty (60) education and/or training points and has an Associate Degree issued by an academic institution recognized by the United States Department of Education and the Council for Higher Education Accreditation; has accumulated at least thirty-six (36) has a Baccalaureate Degree issued by an academic institution recognized by the United States Department of Education and the Council for Higher Education Accreditation; has accumulated at least twenty-four (24) training points and at least six (6) years experience, or has a Graduate or Professional Degree issued by an academic institution recognized by the United States Department of Education and the Council for Higher Education Accreditation; has accumulated at least sixteen (16) training points and at least four (4) years experience.  points and at least twelve (12) years experience, or  at least nine (9) years experience, or  training points and at least nine (9) years experience, or  Point Computation Formula  (please see the Professional Certificate Brochure (F-6A) on the Forms  page under Law Enforcement for more information)  Awards are based upon a formula which combines formal education, law enforcement training, and actual experience as a law enforcement officer.  Points are computed in the following manner:  Education  each quarter hour shall equal two-thirds of a point.  Training - Twenty classroom hours of Commission-approved law  8    enforcement training shall equal one (1) point, exclusive of BLET and  Commission-mandatedin-service training.  Experience - Only experience as a full-time, sworn, paid member of a law enforcement agency or the equivalent experience as determined by  the Commission shall be acceptable for consideration.  How To Apply For An Award  Ify you are qualified to receive an award, request an Application Form (F- 6) from your agency or the agency personnel officer or download one Complete the application fully and attach the necessary documents to verify your qualifications. Education and training MUST BE supported by transcripts, copies of diplomas, official training records, or other Return the application to your agency head for his/her endorsement. No award will be issued unless the applicant is recommended by the Your agency will forward the application to the Criminal Justice  reliable documentary materials.  agency head.  Standards Division for processing.  If the Commission elects to grant the award, the proper certification will be forwarded to, and subsequently presented through, your agency. Applicants should note that Advanced Certificate applications must be presented to the Commission for approval at quarterly meetings. This requirement may result in a three- to four-month processing period for the  Advanced award.  North Carolina Department of Justice / Roy Cooper, Attorney General (919).716-  6400  9    10    Public Hearings        Automobile Sales Lot  CUP-15-01  For Properties Located at: West side of the intersection of Swift Creek Road and NC Hwy 210 and further identified as Johnston County  Tax ID# 15109015H.  Property Owner: Charles Phillip & Jamie Tyler  11    12    Table of Contents Conditional Use Permit  CUP-15-01  Staff Report  Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E  Find of Fact/ Approval Criteria Planning Board Report I Actions  Adjoining Property Owners Certification Conditional Use Permit Application  13    14    Exhibit A Staff Report  15    16    Town of Smithfield Planning Department 350 East Market Street P.O. Box 761 Smithfield, NC27577 Phone: 919-934-2116 Fax: 919-934-1134  SMITIFED  NORTH CAROLINA  STAFF REPORT  Application Number: Project Name: TAXID number: Town Limits/ETJ: Applicant: Owners: Agents:  CUP-15-01 NC 210 Car Lot 15109015H ETJ  Charles Phillip and Jamie Tyler Charles Phillip and Jamie Tyler Triangle Civil Works  PROJECT LOCATION: REQUEST:  West side of the intersection of Swift Creek Road and NC Hwy 210.  The applicant is requesting a conditional use permit to operate an automotive sales lot designed to accommodate 20 cars for sale and located on property located  within a B-3 (Business) zoning district.  SITE DATA: Acreage: Present Zoning: Proposed Zoning: Existing Use/Previous: DEVELOPMENT DATA: Proposed Use:  a portion of a 3.228 acre parcel B-3 (Business) N/A Vacant/Undeveloped  Automobile Sales Lot  ENVIRONMENTAL: There does not appear to be any environmentally sensitive areas on the property considered for a Conditional Use Permit to include flood plains or designated wetlands. The proposed facility will be required to comply with the Town of Smithfield Storm Water Regulations to  include detention and nitrogen offset payments.  17    ADJACENT ZONING AND LAND USES:  North: South: East: West:  Zoning: Zoning: Zoning: Zoning:  R-20A Residenta-Agncutura) R-20A Residenta-Agncurura)  Existing Use: Residential Existing Use: Residential Existing Use: Residential Existing Use: Residential  B-2 (Business)  R-20A Residenta-Agncutura)  STAFF ANALYSIS AND COMMENTARY: The proposed automobile sales lot is a permitted use within the B-3 (Business) zoning district with a Town Council approved conditional use permit. The applicant has provided a sketch plan of the 3.228 acre site showing improvements to the property to include a gravel parking area for 30 automobiles and 5 required parking spaçes. A 30 foot wide driveway is proposed allowing access from NC Highway 210. Landscaping will be provided in accordance with the Unified Development Ordinance and will include a 40 foot landscape buffer and no privacy fence along southwestern property line. A location for a modular constructed building is shown on the plan. No building elevations have been provided by the applicant at this time. A lighting plan will be required showing all lamp fixture locations with required full cutoff design. This required lighting plan must also show that no more than 2 foot candles of light will be leaving the property at any given time. All areas for the storage of automobiles that can accommodate more than 5 vehicles must be paved in accordance with minimum development standards of the Town of Smithfield Unified Development Ordinance. A variance to the parking requirement must be requested and granted by the Town of Smithfield Board of Adjustment prior to staff approving a site plan with gravel parking. Staff recommends that the street yard landscaping be planted adjacent to the parking area and that vehicular screening be installed around all areas containing vehicular surface areas. On February 15, 2015 the applicant submitted a revised site plan that has labeled all improved surfaces as being  paved.  Consistency with the Strategic Growth Plan  The proposed automobile sales lot is inconsistent with the recommendations of the Comprehensive Growth Management Plan which calls for low density residential development  and uses near the intersection of NC Hwy 210 and Swift Creek Road. Consistency with the Unified Development Code  An automobile sales loti is a permitted use within the B-3 (Business) zoning district with a valid conditional use permit. The applicant will be responsible for submitting a preliminary site plan that shows all applicable minimum development standards can and will be met prior to site plan approval and issuance of a valid zoning permit to include paved parking and vehicular  storage.  Compatibility with Surrounding Land Uses  An automobile sales lot at this location will pose a compatibility issue with surrounding land uses given that it is in a rural setting and adjacent to establish residential homes.  Signs  18    Signs shall be permitted in accordance with the Town of Smithfield Unified Development Ordinance which will allow for a maximum height of 61 feet and 75 square feet in area.  OTHER: FIRE PROTECTION: SCHOOL IMPACTS:  Town of Smithfield NA  PARKS AND RECREATION: NA ACCESS/STREETS:  NC Hwy 210  WATERISEWERI PROVIDER: Town of Smithfield allocation  ELECTRIC PROVIDER:  Duke /F Progress  Planning Department Recommendations:  The Planning Department recommends approval of the proposed automobile sales lot providing that all parking spaces are paved and landscaping is installed in accordance with minimum developments standards and that vehicular surface screening is installed adjacent to all vehicular surface areas.  Planning Board Recommendations:  The Planning Board at its February 5"h 2015 meeting unanimously voted to recommend approval of the Conditional Use Permit for an automobile sales lot at the west side of the intersection NC Hwy  210and Swift Creek Road with the following conditions of approval:  1. An 8 foot white vinyl fence is installed on the west side of a reduced buffer yard. 2. Street trees nearest thei intersection are set back an additional 10 feet. 3. Vehicular Surface Area is moved towards the public right-of-way. 4. AIIVSA's be screened with a continuous row of shrubs planted 5 foot on center. 5. All other minimum requirements of the UDO are met to include paving of all areas to be  used for automobiles.  Town Council Actions: 2015 meeting.  The Town Council, at its March 3, 2015, unanimously voted to continue the hearing until the April 7,  Town Council Requested Action:  The Town Council is requested to review the petition for a for Conditional Use Permit to allow for an automobile sales lot on property located with a B-3 (Business) zoning district and make a decision in  ina accordance with the Finding of Fact for a Conditional Use Permit.  19    20    Exhibit B  Finding of Fact/Approval Criteria  21    22    Town of Smithfield  Conditional Use Permit Application Finding of Fact/Approval Criteria  Application Number: CUP-15-01 Name: NC Hwy 210 car lot Request: Appliçant seeks a CUP for an automotive sales lot.  The Smithfield Planning Board shall recommend and the Town Council of the Town of Smithfield shall decide the matter of this Conditional Use Permit Application by motion and vote on each of the following four findings of fact. Any motion to find against the application must be supported by statement of specific reasons or conclusions reached in support of the  motion.  1.1 Finding One of Four: Circle One A. Approval:  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, will not materially endanger the public health or safety if located where proposed and developed according to the plans as submitted and The proposed automobile sales lot at this location will not materially endanger the public were shown because the site has adequate parkinga available and layout ofthe site facilitates safe movement of automobiles and pedestrian traffic with little  approved or is approved with the following stated conditions.  additional congestion.  B. Denial: (Ifd 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 sales lot at this location may endanger the public were shown ifmore automobiles exist on1 the lot than what the site is designed to safely hold resulting in automobiles parking within the public right-of-way and within  designated landscape yards and required buffer yards.  CUP-15-01 Page 1 of5  23    2. Finding' Two of] Four:  Circle One A. Approval:  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, meets all required specifications and conforms to the standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinance or other applicable regulations or is approved with the The proposed automobile sales lot at this location conforms to standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinances providing the applicant submits a detailed site plan for planning staff approval that shows required landscaping, lighting, paved parking and utility connections prior to issuance of site plan approval and issuance of a  following additional stated conditions.  valid zoning permit for an automobile sales lot.  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 Umified Development Ordinance or other applicable regulations in the following ways or for the The proposed automobile sales lot at this location does not conform to standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinances because the applicant has not provided a detailed site plan that shows required paved parking that meets minimum development standards and a lighting plan with utility connections. Furthermore, the landscaping provided will not adequately protect adjacent land owners from  following reasons:  adverse impacts due toi increased light, noise and traffic.  CUP-15-01 Page 2of5  24    3. Finding' Three of Four: Circle One A. Approval:  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, will not substantially injure the value of adjoining or abutting property and will not be detrimental to the use or development of adjacent properties or other neighborhood uses or is approved with the following additional The proposed automobile sales 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 and street yards are installed and maintained in accordance with minimum development standards and that no more than 30 automobile sales for sale are on the lot at any given time. Automobiles for sale shall be no closer than 50 feet from the right-of-way ofNC Hwy 210 and Swift Creek Road in accordance with the Town of Smithfield Unified Development Ordinance. All parking areas shall be paved or the applicant shall request a variance by the Town of Smithfield  stated conditions.  Board of Adjustment.  B. Denial: (If denied, musti include facts supporting denial)  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, will 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 The proposed automobile sales lot at this location may be detrimental to the adjacent residential land use to the south due to increased traffic and noise generated by activities associated with automobiles sales.  reasons.  CUP-15-01 Page 3 of5  25    4.1 Finding Four of Four:  Circle One A. Approval:  Based on the evidence and testimony presented it is the finding of the Town Council that the application, if approved, would not adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development of the adjacent properties or is approved with the following additional  stated conditions.  The proposed automobile sales 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: (If denied, must include facts supporting denial)  Based on the evidence and testimony presented it is the finding of the Town of Smithfield that the application, if approved, would adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character ofe existing standards for development oft 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 sales lot at this location will adversely affect the adopted plans and policies of the Town of Smithfield, and violate the character of existing standards for development if automobile sales occur without minimum development standards being met to include paved parking, landscaping and  lighting,  CUP-15-01 Page 4 of5  26    5. Once all: findings have been decided one of the two following motions must be made: Motion to Approve: Based upon satisfactory compliance with the above four stated findings and fully contingent upon acceptance and compliance with all conditions as previously noted herein and with full incorporation of all statements and agreements entered into the record by the testimony of the applicant and applicant' ' representative Imove to recommend approval of  Conditional Use Permit Application # CUP-15-01.  Motion to Deny: Based upon failure to meet all of the above four stated findings and for reasons stated therein, Imove to recommend denial of Conditional Use Permit Application #  CUP-15-01orthe) following statedi reason:  6.F Record ofDecision:  Based on a motion and majority vote of the Town of Town Council for the Conditional  Use Permit Application Number CUP-15-01 is hereby:  recommended for approval upon acceptance and conformity with the following  conditions; or,  recommended for denial for the noted reasons.  Decision made this  day of  20 while in regular session.  John H. Lampe II, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  CUP-15-01 Page 5of5  27    28    Exhibit C  Planning Board Minutes/Actions  29    30    Planning Board Report for  CUP-15-01 NC210 Car Lot  Public hearing held on February5,2015 (Excerpt from draft minutes)  After all persons gvingtestimony were duly sworn, Mr. Foyo opened the public hearing. Mr. Helmer stated the applicant is requesting a conditional use permit to construct and operate an automotive sales lot on property located within a B-3 (Business) zoning district. The property considered for approval is located on the west side of the intersection of Swift Creek Road and NC Hwy 210. The property is further identified as Johnston County Tax ID# Mr. Helmer stated the applicant requesting a conditional use permit to operate an automotive sales lot is designed to accommodate 30 cars for sale and located on property located within a B-3 (Business) zoning district. There does not appear to be àny environmentally sensitive areas on the property considered for Conditional Use Permit to include flood plains or designated wetlands. The proposed facility will be required to comply with Town of Smithfield water Mr. Helmer stated the proposed automobile sales lot is a permitted use within the B-3 (Business) zoning district with a Town Council approved conditional use permit. The applicant has provided a sketch plan of the 3.228 acre site showing improvements to the property to include a gravel parking area for 30 automobiles and 5 required parking spaces. A3 301 foot wide driveway is proposed allowing access from NC Highway 210. Landscaping will be provided in accordance with the Unified Development Ordinance (UDO) and will include a 40 foot landscape buffer and no privacy fence along southwestern property line. A location for a modular constructed building is shown on the plan. No building elevations have been provided by the applicant at this time. A lighting plan will be required showing all lamp fixture locations with required full cutoff design. This required lighting plan must also show that no more than 2 foot candles of light will be leaving the property at any given time. All areas for the storage of automobiles that can accommodate more than 5 vehicles must be paved in accordance with minimum development standards of the Town of Smithfield UDO. A variance to the parking requirement must be requested and granted by the Town of Smithfield Board of Adjustment prior to staff approving site plan with gravel parking. Staff recommends that the street yard landscaping be planted adjacent to the parking area and that vehicular screening be installed Mr. Helmer stated the sales lot is inconsistent with the recommendations of the Comprehensive Growth Management Plan which calls for low density residential development  15109015H.  regulations to include detention and nitrogen offset payments.  around all areas containing vehicular surface areas.  31    and uses near the intersection of NC Hwy 210 and Swift Creek Road. An automobile sales lot is a permitted use within the B-3 (Business) zoning district with a valid conditional use permit. The applicant will be responsible for submitting a preliminary: site plan that shows all applicable minimum development standards can and will be met prior to site plan approval and issuance ofavalid zoning permit to include paved parking and vehicular storage. An automobile sales lot at this location will pose a compatibility issue with surrounding land uses given that it is in a rural setting and adjacent to establish residential homes. Signs shall be permitted in accordance with the Town of Smithfield UDO which will allow for a maximum height of 61 feet and 75 square feet in area. The Town of Smithfield will provide fire protection as well as Mr. Helmer stated the Planning Department recommends approval oft the proposed automobile sales lot providing that all parking spaces are paved and landscaping is installed in accordance with minimum development standards and that vehicular surface screening is installed adjacent to all vehicular surface areas. The Planning Board is requested to review the application and make a. recommendation to Town Council based on the Finding of Fact for a conditional use  water/sewer serviçes. Duke Energy Progress will provide electric.  permit for an automobile sales lot.  Mr. Foy asked ifanyone wanted to speak for or against the proposal.  Daniel Sanders asked if this proposed property was zoned residential ini the past.  Mr. Helmer stated the proposed project was rezoned to R-20A (Residential) and was rezoned to  commercial a few years ago.  Mark Lane. asked ift the site plan shows a gravel driveway.  Mr. Helmer stated the site plan does show a gravel driveway however, Dan Simmons was  notified earlieri in the week that the driveway needs to be paved. Daniel Sanders asked if NCDOT was in charge ofthe driveway.  Mr. Helmer stated NCDOT is the permitting authority since NC Hwy 210 is a State maintained  highway.  Stephen Upton asked if at trailer will be used for the office building.  Mr. Helmer stated a modular constructed building built to State building code is proposed. Dan Simmons, Triangle Civil Workers, stated the owner has no intentions of leaving the driveway gravel and will be paved. He stated he objected to moving the site forward towards the road because he does not agree with the UDO Article 17 item 7a which states "Vehicular surface areas used for parking and circulation, or commercial display or storage of motor vehicles which are located within 50 feet of a street right-of-way must have a planting screen  32    consisting of shrubs a minimum of 18 inches to 24 inches in height when installed with a minimum expected mature height of 36 inches. Shrubs shall be planted with gaps no greater than five feet. Forty percent of the shrubs may be deciduous. When practicable, plans to meet this requirement may be formulated in conjunction with the requirement of subsection (6)(b) Dan Simmons stated if this project is moved towards the road, a hedge needs to be placed which will prevent anyone from seeing the cars from the lot. There will be no maintenance on  above."  site; this is strictly a sales lot. Stephen Upton asked about lighting.  Mr. Simmons stated lighting would basically be security lighting after dark. A lighting plan will be submitted to staff that would meet code requirements of 2ft candles. No lighting will flood  neighboring properties.  Teresa Daughtrystated that dealerships have been increasing landscape.  Mr. Helmer stated that is correct.  Mr. Helmer pointed out that staff disagrees with the applicant. Planning staff requests that vehicular surface screening bei installed around the entire perimeter of the vehicle surface area Mr. Helmer stated that prior to adoption of the UDO, car lots were exempt from vehicular surface screening while all other commercial properties were required to install it. Car lots began to take advantage of the policy and began moving vehicles into the planted areas near the street. With vehicular surface screening installed, this is not possible because the hedge that is formed creates a barrier between the paved area and landscaped area while blocking the view of the pavement. If the hedge row is maintained to a proper height, cars for sale will Mr. Helmer reminded the Board that the standards found in the UDO are minimums and that conditions can be placed on the Conditional Use Permit that will hold the development to a higher standard if it will help reduce adverse impacts on adjacent properties and the area in Mr. Helmer stated that proposed car lot looks as though it could benefit from vehicle surface Teresa Daughtry stated she agreed with the vehicle surface screening due to heavy traffic on  regardless whether it is within 501 feet oft the right-of-way or not.  be seen from the public right-of-way.  general.  screening since no parking lot landscaping is shown on the plan. Highway 210 and Swift Creek Road that could pose dangerous.  Mark Lane asked if the landscaping is int the UDO ori ifthat was a recommendation.  33    Mr. Helmer stated that vehicle surface screening (VSA) is required when the vehicular surface is within 501 feet of a public right-of-way. The applicant is attempting to avoid having toi install the VSA landscaping by creating a grass strip between the street yard and vehicular surface area. Mr. Helmer stated that it can be anticipated that cars will be parked in this unpaved strip and  that the property will be in violation of the permit from day one. Mark Lane asked ift the purpose of the screening is for safety.  Mr. Helmer stated that is correct and, that' having cars all over the property is asafety conçern. Mr. Simmons stated he disagrees with staff regarding bushes being planted 5ft apart. They will need to be trimmed constantly to maintain 36" in height and will eventually grow together Mr. Helmer stated that every modern parking' lot in Town has VSA: screening except for car lots. Teresa Daughtry stated she has concern with the height of the landscaping and site distances Mr. Helmer stated the applicant has submitted a plan showing small groupings of shrubs  creatingasolidscreen. No other car lot in Smithfield is that way.  near the intersection of Swift Creek Road and Highway 210.  around the trees.  Dan Simmons stated unless the UDO is changed, those plantings have to be there.  Mr. Helmer stated if the Board wanted to place a condition to the corner of the lot and plant Teresa Daughtry asked if the tree on the corner can be removed and have bushes ini its place.  bushes instead of trees that could be done.  Mr. Helmer stated the UDO requires street trees.  Teresa Daughtry stated trees are environmentally good but the safety of the intersection is also Mr. Helmer stated that a typical 10 foot by 70 site distance triangle is required and appears to be met but the plan could be modified by moving landscaping even further back. Teresa Daughtry asked if NCDOT would have a problem with not having a second driveway Mr. Simmons stated he spoke with NCDOT and they do not see this project as generating  ac concern.  located on Swift Creek Road.  additional traffic and does not see the need for an additional driveway.  34    Teresa Daughtry asked how wide the driveway will be.  Mr. Helmer stated 30ft.  Mike Caporale, 2190 NC Highway 210, stated he has spent the last three years building his home and originally the proposed project was zoned as residential. He wouldn'thave built such al large expensive home if he knew that land would be changed to commercial. His main concerns is having a used car lot right next door to him and have potential break-ins or people  cutting through his property.  Mr. Foy asked where Mr. Caporale's house is in reference to the car lot.  Mr. Caporale stated he is right beside the proposed lot on the left. He stated he would like to see a white vinyl fence go up to separate the properties like the Family Dollar and State Employees Bank had done. Trees do nothing for his property and will be staring at this car lot from his home. The plantings look great on paper but it will take at least 10 years for the trees to mature. And as far as the traffic on Highway 210, tractor trailers hum by his home. He believes the intersection of Swift Creek Road and Highway 210 will be dangerous and feels the Ashley Spain asked if the applicant would be willing to accept the fence as a condition of Dan Simmons stated he would think they would ift the standard reduction in buffer yard width  driveway should be moved to Swift Creek Road.  approval. applied.  Teresa Daughtry asked what the standard reduction is.  Mr. Helmer stated as much as 50% in area and plant material if a berm and a fence were  installed. Only 20% ifj just ai fence.  Teresa Daughtry asked what the height the fence would have to be.  Mr. Helmer stated 8ft. install a white vinyl fence.  Teresa Daughtry asked if the Town required the Family Dollar and State Employees buildings to Mr. Helmer stated there is no particular code that states it has to be vinyl, wood, or any other Cathy Caporale, 2190 NC Highway 210, stated there is in fact heavy traffic on Highway 210 and can be very dangerous. She would like. to see the driveway of the proposed site be accessed on  material however, vinyl has more longevity and is more attractive.  Swift Creek Road as well as having the white vinyl fence installed.  35    Franklin Watson, 2267 Highway 210, stated he lives directly across the street from the proposed project. He stated he will see this car lot from his front door and there are single family homes surrounding this property. This project may not increase traffic but cars coming in and out of the lot will definitelyaffecttraffic. He requests the Board to just think about the Antonette Griffin, 363 Clayton Point Drive, stated her concern for decrease in property values and for possible traffic issues. She feels the driveway should be accessed on! Swift Creek Road.  home owners.  Daniel Sanders asked if the water was from the Town or County. Mr. Helmer stated water was provided byt the County.  Ashley Spain asked ifthe public sewer is available or would a septici tank system be used. Mr. Helmer stated that public sewer is not available and that Johnston County Environmental  Health would have to approve a septic system fori the development. Mr. Foy aski if anyone else wished to speak. There was none.  Mr. Foy closed the public meeting for CUP-15-01 and asked fora motion.  Stephen Upton made a motion, seconded by Teresa Daughtry, to move tot the' Finding of Fact. The Smithfield Planning Board shall recommend and the Town Council of the Town of Smithfield shall decide the matter of this Conditional Use Permit Application by motion and vote on each of the following four findings of fact. Any motion to find against the application must be supported by statement of specific reasons or conclusions reached in support of the  motion. 1.  Based on the evidence and testimony presented it is the finding of the Planning Board that the application, if approved, will not materially endanger the public health or safety if located where proposed and developed according to the plans as submitted The proposed use does not materially endanger the public health, safety or general welfare. Emergency services access is fully provided toi the developed site. All members Based on the evidence and testimony presented it is the finding of the Planning Board that the application, ifo approved, meets all required specifications and conforms to the standards and practices ofsound land use planning and the Town of Smithfield UDO or  and approved ori is approved with the following stated conditions.  stated true.  2.  36    other applicable regulations or is approved with the following additional stated The proposed use shall meet all required conditions resulting from the application for conditional use authorization. All other applicable requirements of the Town of Based on evidence and testimony presented iti is the finding of the Planning Board that the application, if approved, will not substantially injure the value of adjoining or abutting property and will not be detrimental to the use or development of adjacent properties or other neighborhood uses or is approved with the following additional The proposed use does not restrict the existing uses or future development potential of Based on the evidence and testimony presented it is the finding of the Planning Board that the application, if approved, would not adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development of the adjacent properties or is approved with the following additional The proposed use is in conformance with other uses within the Town of Smithfield zoned B-3 highway entrance and abutting corridors bringing traffic into the Town of Smithfield. This use conforms to the commercial nodes designated in the future land use plan, at NC210 and SR 1010. Due to that node's partial location in ai flood plain, the intersection of Swift Creek Road and NC Hwy 210. All members. stated true.  conditions.  Smithfield UDO: shall be met. All members stated true.  3.  stated conditions.  adjacent properties. Alli members stated true.  4.  stated conditions.  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 ofthe Teresa Daughtry made a motion, seconded by Jack Matthews to recommend approval of a conditional use permit to operate an automotive sales lot designated to accommodate 20 cars for sale and located on property located within a B-3 (Business) zoning district with the  applicant and applicant's representative;  following conditions:  1. Avinyl! fence isi installed on the west side buffer yard at 8ft high. 2. Street trees nearest the intersection are: set back an additional 10 feet. 3. Vehicular Surface Area is moved towards the publicright-of-way. 4. All VSA's be screened with a continuous row of shrubs planted 5 foot on  center.  37    5. All other minimum requirements of the UDO be met to include paving of all  areas to be used for automobiles.  Motion unanimous.  Duly adopted this the 19th day ofFebruary 2015.  Eddie Foy, Planning Board Chairman  AICP,CZO  Planner  PA  38    Exhibit D  Adjoining Property Owner Certification  39    40     NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  ADJOINING PROPERTY OWNERS CERTIFICATION  I, Mark E. Helmer, hereby certify that the property owner and adjacent property owners oft the following petition, CUP-15-01, were notified by First Class Mail on  3-26-15.  Signature  ZLERL  Johnston County, North Carolina  I, Veronica T. Hardaway, a Notary Public for Johnston County and State ofl 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  ALHn day of Mauch  2015  unice T Notary Public Signature Notary Public Name  Meudauay  Vonica T Hacdawaus  My Commission expires on 1-14-18  (Seal)  IEA NOTARY K PUBLIC EA  350 E. Market Street P.O. Box 761 Smithfield, NC27577 919-934-2116 Fax 919-934-1134  41    42    &TE! 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, April 7, 2015 at 7:00 P.M in the Town Hall Council Chambers located at 350 East Market Street to consider the following requests: CUP-15-01 NC 210 Car Lot: The applicant is requesting a conditional use permit to construct and operate an automotive sales lot on property located within a B-3 (Business) zoning district. The property considered for approval is located on the west side of the intersection of Swift Creek Road and NC Hwy 210. The property is further identified as Johnston  County Tax ID# 15109015H.  RZ-15-02 Larry Denning: The applicant is requesting to rezone approximately 9.51 acres of land from the R-20A (Residential- agricultural) zoning district to the B-3 (Business) zoning district. The. property considered for rezoning is located on the south side of NC 210 Highway approximately 1,200 feet west of its intersection with Skyland Drive. The property is further identifies as Johnston County Tax ID#  15076012A.  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, NC:27577 919-934-2116 Fax 919-934-1134  43    SNTTHE! NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  Notice Of Public Hearing  Notice is hereby given that a public hearing will be held before the Town Council of the Town of Smithfield, N.C., on Tuesday, April 7, 2015 at 7:00 P.M in the Town Hall Council Chambers located at 3501 East Market Street to consider the following request: RZ-15-02 Larry Denning: The applicant is requesting to rezone approximately 9.51 acres of land from the R-20A (Residential- agricultural) zoning district to the B-3 (Business) zoning district. The property considered for rezoning is located on the south side of NC 210 Highway approximately 1,200 feet west of its intersection with Skyland Drive. The property is further identified as Johnston County Tax ID#  15076012A.  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.smitared-mc.com. Run "Legal Ad" in the Smithfield Herald on 3/25/15 and 4/1/15  350) E. Market Street P.O. Box" 761 Smithfield, NC27577 919-934-2116 Fax 919-934-1134  44    Exhibit E  Conditional Use Permit Application  45    46    Town of Smithfield Planning Department Smithfield, ,NC27577 Phone: 919-934-2116 Fax: 919-934-1134  350E. Market St Smithfield, NC27577  TED  P.O.Box 761,  CAROLINA  N  NORTH  3  CONDITIONAL USE PERMIT APPLICATION Pursuunt to4 Article 13, of the Town of Smitlfield Unified Development Ordinance, an owner ofl 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 oft the application, nine (9) sets of required plans, an Owner's Consent Form (attached) and the application fee. The application fee is  potential to create ncompatibilittes with adjacent uses.  $300.00. Allfees are due when the application is submitted.  SITEINFORMATION: Name of Project: NC210CarLot Parcel IDI Number: 167400-914-1487  Acreage of Property: 3.228 AC Tax ID: 15109015H Deed Page(s): 0390  Deed Book: 4054 Address: Unassigned  Location: West corner of Intersection of Swift Creek Road (SR 1501) and NC Hwy 210.  Existing Use: Vacant Existing Zoning District: B-3 Requested Zoning District Is project within a) Planned Development: Planned Development: District (ifapplicable): NIA IsI project within an Overlay District: Overlay District (ifapplicable): N/A FOR OFFICE USE ONLY File Number: (0R15-0:1  Proposed Use: Auto Sales Lot  Yes V No  V No  Yes  Datel Received: 2/5  Amount Paid: 430028  Page I of5  11/2012  47    OMAERINORMATONA Name: Charles Phillip and. Jamie Tyler Mailing Address: 5194 US Hwy 70 Bus., W Clayton, NC: 27520 Phone Number: (919)550-7711 Email Address: hig@circmscomtotar.cn APPLICANTINEORMATION: Applicant: SAME AS OWNER Mailing Address: Phone Number:  Fax:  Fax:  Contact Person: Chad Simmons, PE Triangle CiviWorks, PA Email Address: chadsimmons@mcwicom  REQUREDPLANSAND: SUPPEEMIENTALINFORMATION  The following items must accompany a Conditional Use. Permit application, This information is required to  be present on all plans, except where otherwise noted:  JAll required plans (please see the plan requirements checklist). A signed and sealed traffic impact analysis. Verification of wastewater allocation (granted or requested).  Driveway permits (Town of Smithfield or NCDOT encroachment with associated: documentation).  Dother applicable documentation: STATEMENT OR JUSTIRICATION  Pleuse provide detailed information concerning all requests. Atlach additional. sheets fnecessary.  ATTACHED  Page 2 of5  11/2012  48    REQUIRDD FINDINGSOAACI  Article 13, Section 13-17ofthe Town of Smitlafield Unified. Developient Ordinance requires applications for 4 Conditional Use Permit to address the following. findings. The burden ofproofi is on the applicant and failure t0 adequately address the findings may result in denial of the application. Please aftach 1. That the use will not materially endanger the public health, safety, or general welfare ifl located where proposed and developed according to the plan as submitted and approved; THE PROPOSED USE DOES NOT MATERALLY ENDANGER THE PUBLICHEALTH, SAFETY ORC GENERAL WELFARE.  additional, pages ifnecessary.  EMERGENCY SERVICES, ACCESS ISF FULLY PROVIDED TO1 THE DEVELOPEDSITE.  2. That the use meets all required conditions and specifications;  THE PROPOSEDI USE SHALL MEETA ALLI REQUIRED CONDITIONS RESULTINGI FROM THE APPLICATIONI FOR CONDITIONAL USE AUTHORIZATION. ALLOTHERI APPLICABLE REQUIREMENTS OF TOWN OF SMITHFIELDUDO: SHALLI MEMET.  3. That the use will not adversely affect the use or any physical attribute of adjoining or abutting THE PROPOSEDI USE DOES NOT RESTRIÇT THE EXISTINGUSES ORI FUTURE DEVELOPMENT POTENTIAL OF ADJACENT  properly, or that the use is a public necessity; and  PROPERTIES.  4. That the location and character of the use, if developed according to the plan as submitted and approved, will bei in harmony with the areai in which it ist to be located. The conditional use shall demonstrate conformance to the Land Use Plan or other plan in effect at the time and address THE PROPOSED USE! ISI IN COMFORMANCE WITH OTHER USES WITHIN THE TOWN OF SMITHFIELDZ ZONEDE B-3H HIGHWAY ENTRANCE. AND ABUTTING CORRIDORS BRINGING TRAFFIC INTO THE TOWNO OF SMITHFIELD. THIS USE CONFORMS TO THE COMMERCIAL NODES DESIGNATED INT THEF FUTURE LAND USE PLAN, ATI NC2 210A AND: SR1 1010. DUE TOTHAT NODE'S PARTIAL LOCATIONI INAFLOODPLAIN, THE INTERSECTION OF SWIFT CREEK ROADA ANDI NCHWY210.  impacts oft the project as required by GS1 160A-382(b).  Page 3 of5  11/2012  49    APPLICANTA AFHIDAVIT  IWWe, the undersigned, do hereby make application and petition to the Town Council of the Town of Smithfield to approve the subject Conditional Use Permlt, Ihereby certify that I have full legal right to request such action and that the statements. or information made in any paper or plans submitted herewith are true and correct to the best of my knowledge. I understand this application, related material and all attachments become official records ofthe Planning. Departnient ofthe Town ofSmithfleid, North Carolina,  and will not be returned. Psilipfylur Print Name  -  1.A-14 Date  Signature ofA Applicant  Page 4 of5  11/2012  50    Town ofSmithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  My  350 E. Market St Smithfield, NC27577 P.O. Box 761, Smithfel4,NC27577  NORTH CAROLINA  OWNERS CONSENT FORM  NC HWY 210 CAR LOT  JANUARY 2, 2015  Name ofProject:  Submittal Date:  OWNERS AUTHORIZATION Ih hereby give CONSENT to  AMOS D. SIMMONS, JR.  (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 appliçation. I understand that any false, inaccurate or incomplete information provided by me or my agent will result in the denial, revocation or administrative withdrawal of this application, request, approval or permits. I acknowledge that additional information may be required to process this application. I further consent to the Town of Smithfield to publish, copy or reproduce any copyrighted document submitted as a part of this application for any third party. I further agree to all terms and  application.  conditions, which may be imposed as part ofthe approval oft this application.  phit.p Tyler Print Name  2-03-14 Date  Signature of Owner  CERTIRICATION OE APPLICANT AND/OR FROPERIYOWNER  Ihereby certify the statements or information made in any paper or plans submitted herewith are true and correct to the best of my knowledge. I understand this application, related material and all attachments become official records of the Planning Department of the Town of Smithfield, North  Carolina, and will not be returned. Signature of Owner/Applicant  pMlln Tyfer Print Name  [3-0-)4 Date  FOR OFFICE USEONLY  File Number: C0R15-07 Date Received: 1315  Parcel ID Number: 167400-914-1487  Page 5of5  11/2012  51    December 31, 2014  STATEMENT OF. JUSTIFICATION  RE: NC Hwy 210 Car Lot Conditional Use Permit Application PROPERTY DESCRIPTION:  This property is located in the southwest quadrant of the intersection of Swift Creek Road (NCSR 1501) and NCI Highway 210 and is currentlyz zoned B-3. Directly across Swift Creek Road isa1.73 acres parcel zoned B-2 owned by Henry T. Howley and Lara Deloy of North Port, Florida. Thec current owner oft the subject 3.228 acres parcel is seeking to conditional use authorization to provide an automobile sales lot. The adjoining property to the west isa a mobile home subdivision andi the property adjoiningi it isar mobile home park. The property to the south is a single family residence. We believe conditional use authorization will allowt this  property to be utilized ati its highest and best use. PROTECTION OF ADJOINING PROPERTIES:  The adjoining properties will be adequately protected by the current buffer requirements of the Town's Unified Development Ordinance which requires a 40 foot buffer adjoining residential zoned property. The current planting requirements for thel buffer are 2 trees per 1000square feet with a minimum of 50% evergreen and 12 three foot high shrubs at planting per 1000 square feet. The shrubs are required tol be a minimum of six feet high at maturity. Using these requirements the buffer would contain 581 trees and 345 shrubs. Adjacent parcels will be further protected through compliance withi the Town of Smithfield's requirements for site lighting. See the attached Preliminary Landscape Plan, L-1, foral layout ofhow the required  landscape plantingsmight appear fori this project.  CONFORMANCE WITH UDO:  All other standards required by the Town of Smithfield's Unified Development Ordinance will be met through approval oft thet final construction plans at the time of site permitting.  52    NCSR  1501-SWFT  60'A PUBLIC ROAD RM (see CREEK ROAD  5224720E PASS PG 408) 411.391  CA DITCH  124.74 1540 H089: NORTI    55 IED IO MS ANE)  A  831.05  53    123 :s   -- -  NCSR  1501-SWET  60A PUBLIC ROAD R CREEK ROAD  (see PB 53 PG 408) $224720'E 411.39  CA DITCH  de  831.05    54    R-20A  R-20A  Approximate Location of Proposed. Automobile Sales Lot  B-2/  R-20A  R-20A  Vicinity Map for: CUP-15-01 Applicant: Charles Phillip & Jamie Tyler  N A    NORTH CAROLINA Map Created by Town of Smithfield Geographic Information Services  Feet 200  50 100  55    56    Glen Lake II RZ-15-02  For Properties Located at: The property considered for rezoning is located on the south side ofl NC210 Highway approximately 1,200 feet west ofi its intersection with Skyland Drive. The property is further identifies as Johnston County Tax ID# 15076012A.  Property Owner: Denning Family Trust #1  57    58    Table of Contents Rezoning Request RZ-15-02  Staff Report  Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E  Approval Criteria  Planning Board Report IActions  Adjoining Property Owners Certification  Rezoning Application  59    60    Exhibit A Staff Report  61    62    Town of Smithfield Planning Department 350 East Market Street P.O. Box 761 Smithfield, NC27577 Phone: 919-934-2116 Fax: 919-934-1134  SMITHFIEI  NORTH CAROLINA  STAFF REPORT  Application Number: Project Name: TAXI ID number: Town Limits/ETJ: Applicant: Owners: Agents:  RZ-15-02 Glen Lake II 15076012A City none none  Penco Land Company, LLC Denning Family Trust #1  Neighborhood Meeting: PROJECT LOCATION:  South side of NC 210 Highway approximately 1,200 feet west of its  intersection with Skyland Drive.  REQUEST: SITE DATA: Acreage: Present Zoning: Proposed Zoning: Existing Use: Proposed Use DEVELOPMENT DATA: Proposed Use:  The applicant is requesting to rezone approximately 9.51 acres of land from the R- 20A kesidenta-Agrculura) zoning district to the B-3 (Business) zoning district.  9.51 acres R-20A Residenua-Agncumura) B-3 (Business) Agriculture/Vacant N/A  N/A- All uses permitted with in the B-3 (Business) zoning district may  be considered for future site plan approval.  ENVIRONMENTAL: The southernmost portion of property contains environmentally, sensitive areas to include wetlands, floodplain and a small lake. Any future development proposal will be encouraged to limit encroachment into these areas and will be required to document riparian buffers, provide storm water facilities and elevate structures if they are located within the 100 year flood plain.  63    ADJACENT ZONING AND LAND USES:  North: South: East: West:  Zoning: Zoning: Zoning: Zoning:  R-8 and R-20A R-20A B-3 R-20A  Existing Use: Vacant/Agricultural Existing Use: Vacant/Wetlands Existing Use: Vacant/Agricutural Existing Use: Single Family Dwelling  STAFF ANALYSIS AND COMMENTARY:  The property considered for rezoning contains is currently being used for agricultural endeavors. Rezoning the property to the B-3 (Business) will allow for all permitted use within the B-3 (Business) zoning district to be considered for future approval to included multifamily housing complexes, retail  strip centers and convenience stores.  Consistency with the Strategic Growth Plan  The proposed rezoning to the B-3 (Business) zoning district is consistent with the Strategic Growth Plan which recommends the property be zoned for high density residential  development and office and institutional land uses. 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 construct the minimum required parking and meet ADA accessibility standards. Any use requiring outdoor storage will require conditional use  permit approval by Town Council.  Compatibility with Surrounding Land Uses  The property considered for a rezoning is located on a minor corridor entering the Town from the west and is in close proximity to other like zoning districts. Rezoning this property from residential to a commercial district will not create any compatibility issues with the adjacent  commercial uses.  OTHER: FIRE PROTECTION: SCHOOL IMPACTS:  The Town of Smithfield Fire Department will provide fire protection.  NA  PARKS AND RECREATION: NA ACCESSISTREETS:  Approximately 630 feet or road frontage along NC 210 Highway.  64    WATERISEWER PROVIDER: Town of Smithfield  ELECTRIC PROVIDER:  Duke Energy  FINDINGS:  In connection with a legislative decision for a rezoning request, the Town councii 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 9.51 acres of land located on the south side of NC Highway 210 from the R-20A Resuenua-agrcutura) zoning district toi the B-3 (Business) zoning district.  Planning Board Recommendations: The Planning Board, at its March 5, 2015 meeting unanimously voted to recommend approval of the request to rezone approximately 9.51 acres of land located on the south side of NC Highway 210 from the R-20A Residentalagncutural) zoning district  to the B-3 (Business) zoning district.  Town Council Action Requested: The Town Council is requested to review the petition and make a decision in accordance with the approval criteria for the rezoning of approximately 9.51 acres of land located on the south side of NC Highway 210 from the R-20A esidenta-agncutura) zoning district  to the B-3 (Business): zoning district.  65    66    Exhibit B  Approval Criteria  67    68    Town of Smithfield Rezoning Permit Application  Approval Criteria  Application No. RZ-15-02 Name: Glen Lake II  Request:Zoningreclassification from R-20A Resdenta-Agrnculura) toE 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 ison the applicant and failure to adequately address the findings may result in denial of the application. 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 oro conclusions reached in 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 the Residenta-Agricutural to the 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 best suited for high density residential and  office/institutional land uses. B. Disagree  The rezoning request from the esidental-Agricutural to the Business zoning district does not necessarily meet all the Town's plans and policies because the Comprehensive Land Use Plan call for  1of5 RZ-15-02  69    high density residential and office/institutional land uses. High density residential land uses can be  bettera achieved with the R-8 (Residential) zoning classification.  2. Finding Two of Eight  ..The rezoning petition is compatible with established neighborhood patterns of the surrounding  ared... Circle One A. Agree  The rezoning request is compatible with established neighborhood patterns which includes a commercial zoning district immediately east of and adjacent to the subject property. Existing high density residential and commercial properties and uses are approximately 1,200 feet east of the subject  property. Disagree  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 of land uses to include professional offices, retail sales and storage yards with an approved conditional use permit request.  3. Finding Three of Eight arezoning... Circle One A. Agree  ..The rezoning petition is compatible with the changing neighborhood conditions that might warrant  The rezoning petition is compatible with the changing neighborhood conditions that might warrant a rezoning because the demand for multifamily housing and senior living facilities is creating a need for  additional zoning districts that can support such uses.  B. Disagree  The rezoning petition is NOT compatible with the changing neighborhood conditions that might warrant ar rezoning because the rezoning request will contribute to urban sprawi through the commercialization  ofevery corridor entering and leaving the city.  4. Finding Four of Eight  .The rezoning request is in the community interest....  2of5 RZ-15-02  70    A. Agree  The rezoning will allow for additional commercial zoning districts that can support high density residential and associated commercial land uses. The development that will occur from the rezoning will  increase the tax base as an: additional benefit.  B. Disagree  The denial of the rezoning will be in the best interest of Smithfield because rezoning the property to a high density residential zoning district that does not allow for commercial uses may be a better  alternative. 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  Since the rezoning does not meet the definition of spot zoning then there is no valid basis for denial.  6. Finding Six of Eight  ..Present regulations deny or restrict the economic use oft the property....  A. Agree  The property is currently zoned R-20A Resdental-Agncutura), High density residential and commercial uses such as those permitted in the B-3 esgenta-Agrcutura) zoning district cannot occur unless the  propertyi is rezoned. B. Disagree  There are limited considerations for residential development in the R-20A (Business) zoning district. Rezoning the property toa zoning district that allows for muitifamily housing while limiting commercial  uses should be pursued in more depth prior to rezoning to B-3 (Business).  7. Finding Seven of Eight  thea availability of public services allows consideration of thisrezoning request...  3of5 RZ-15-02  71    A. Agree  Ina addition to public water and sewer being available to the site, the property is served by Duke Power with electricity. CenturyLink: and Time Warner also serve the area' with phone and cable respectively. Since all the above utilities serve the area then there can be no justification to deny the petition.  BI Disagree  8. Finding Eight of Eight  .Physical characteristics of the site prohibit development under present regulations...  A. Agree  Much of the property is not affected by physical restraints 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.) on the portion closest to NC210 Highway.  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 mare 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 representativelmove to approve the Rezoning Petition RZ-15-02. Motion to Deny: Based upon thei failure to adequately address all of the above stated eight findings and for the reasons stated therein, Imove to deny the Rezoning Petition RZ-15-02.  4of5 RZ-15-02  72    10. Record of Decision: 15-02ishereby: Check one  Based on a motion and majority vote of the Town of Smithfield Town Council, Rezoning Petition RZ-  Approved for the following reasons:  Denied for the following reasons:  Decision made this  day of.  20 while in regularsession.  John H. Lampe Il, Mayor  Attest:  Shannan L. Williams, Town Clerk  5of5 RZ-15-02  73    74    Exhibit C  Planning Board Minutes/Actions  75    76    Planning Board Report for  RZ-15-02 Larry Denning  Publicl hearing held on March! 5, 2015 (Excerpt from draft minutes)  After all persons givingtestimony were duly sworn, Mr. Foy opened the publich hearing.  RZ-15-02 Larry Denning:  Mr. Helmer stated the applicant is requesting to rezone approximately 9.51 acres of land from the R-20A Resdential-Agricautural, zoning district to the B-3 (Business) zoning district. The property considered for rezoning is located on the south of NC 210 Highway approximately 1,200 feet west of its intersection with Skyland Drive. The property is further identified as Mr. Helmer stated the southernmost portion of property contains environmentally sensitive areas toi include wetlands, floodplains and a small lake. Any future development proposal will be encouraged to limit encroachment into these areas and will be required to document riparian buffers, provide storm water facilities and elevate structures if they are located within Mr. Helmer stated the property considered for rezoning is currently being used for agricultural endeavors. Rezoning the property to B-3 (Business) will allow for all permitted uses within the B-3 (Business) zoning district to be considered for future approval to include multifamily housing complexes, retailer strip centers and convenience stores with fuel. The proposed rezoning to the B-3 (Business) zoning district is consistent with the Strategic Growth Plan which recommends the property be zoned for high density residential development and office and institutional land uses. The rezoning will be consistent with the Town of Smithfield Unified Development Ordinance (UDO) provided that all proposed future land uses construct the minimum required parking and meet ADA accessibility standards. Any use requiring outdoor storage will require conditional use permit approval by Town Council. The property considered for rezoning is located on a minor corridor entering the Town from the west and is in close proximity to other like zoning districts. Rezoning this property from residential to a commercial district will not create any compatibility issues with the adjacent commercial uses. The Town will provide fire protection as well as water/sewer services. Duke Energy Progress will provide Mr. Helmer stated the Planning Department recommends approval of the request to rezone approximately 9.51 acres of land located on the south side of NC Highway 210 from the R-20A  Johnston County Tax ID# 15076012A.  the 100 year flood plain.  electric.  PesemaApaltualoang district tot the B-3 (Business) zoning district.  77    Mr. Foy asked if anyone wanted to speak for or against the proposed rezoning.  Teresa Daughtry asked how surrounding properties are zoned and remembered reviewing an Mark Helmer stated the property immediately to the east is zoned B-3, property to the north is  apartment complex a few years back.  zoned R-8 and property to the westi is zoned R-20A.  Stephen Uptona asked how many units were included in Phase 1.  Mr. Helmer stated that a conditional use permit for a 72 unit multi-family housing project was Teresa Daughtry asked if any future phase of this project would require interconnectivity to the Mr. Helmer stated it remains to be seen how the phasing will work out but, staff will undoubtedly require interconnectivity particularly if required active and passive recreational  issued by Town Council on May 7th of2013.  existingapproved phase.  spaces or storm water facilities are shared between the two phases. Daniel Sanders asked if at traffic impact study will be required.  Mr. Helmer stated that a traffic study may be triggered at site plan approval phase but it is  unlikely given the scale of phase 1.  Mr. Foy asked ifthere has been any opposition concerning the proposed rezoning.  Mr. Helmer stated that he was not aware of any and noted no opposition present at the  hearing.  Mr. Foy closed the publicmeeting for RZ-15-02.  Inc connection with a legislative decision for a rezoning request, the Planning Board may consider certain approval criteria. Planning staff generally accepts these findings as fact as part 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  oft the complete application submitted by the petitioner.  oft the application.  78    the application must be supported by statement of specific reason or conclusions reached in  supporto ofthe motion.  1.  The zoning petition is in compliance with all applicable plans and policies of the Town The rezoning request from the esidenta-Agrcutura to the 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 best suited for high density residential and office/institutional land uses. Allmembers stated The rezoning petition is compatible with established neighborhood patterns of the The rezoning request is compatible with established neighborhood patterns which includes a commercial zoning district immediately east of and adjacent to the subject property. Existing high density residential and commercial properties and uses are approximately 1,200 feet east ofthe subject property. All members stated true. The rezoning petition is compatible with the changing neighborhood conditions that The rezoning petition is compatible with the changing neighborhood conditions that might warrant a rezoning because the demand for multifamily housing and senior living facilities is creating a need for additional zoning districts that can support such uses. All  of Smithfield:  true.  2.  surrounding area:  3.  might warrant a rezoning:  members stated true.  4.  The rezoning request is in the community interest:  The rezoning will allow for additional commercial zoning districts that can support high density residential and associated commercial land uses. The development that will occur from the rezoning will increase the tax base as an additional benefit. All members  stated true.  5.  The request does not constitute "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. All members stated  true.  6.  Present regulations deny or restrict the economic use of the property:  79    The property is currently zoned R-20A Resdental-Agricutura), High density residential and commercial uses such as those permitted in the B-3 (Residential- Agricultural) zoning district cannot occur unless the property is rezoned. All members The availability of public services allows consideration of this rezoning request: In addition to public water and sewer being available to the site, the property is served by Duke Power with electricity Centurylink and Time Warner also serve the area with Physical characteristics of the site prohibit development under present regulations: Much of the property is not affected by physical restraints 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.)  stated true.  7.  phone and cable respectively. All members stated true.  8.  ont the portion closest to NC210 Highway.  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 Plicantsrepresentatve  Stephen Upton made a motion, seconded by Teresa Daughtry to recommend approval to rezone approximately 9.51 acres of land from an R-20 Rescgental-Agrcutural, to a B-3  (Business) zoning district with the conditions included in the finding of facts.  Duly adopted this the 17th day ofl March 2015.  Eddie Foy, Planning Board Chairman Epe36  ATTESTA  AICP,CZO  Planner  7  80    Exhibit D  Adjoining Property Owner Certification  81    82    MEPE NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  ADJOINING PROPERTY OWNERS CERTIFICATION  I, Mark E. Helmer, hereby certify that the property owner and adjacent property owners of the following petition, RZ-15-02, were notified by First Class Mail on  3-26-15.  TLERA  Signature  Johnston County, North Carolina  1Veronica 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  alh day of Moch  2015  Luouica T Dardauay  Notary Public Signature Nsonica T Notary Public Name  Hardaway  My Commission expires on 1-1448  (Seal)  1   B  PUBLIC EESA  350 E. Market Street P.O. Box 761 Smithfield, NC27577 919-934-2116 Fax 919-934-1134  83    84    SMTHPEY 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, April 7, 2015 at 7:00 P.M in the Town Hall Council Chambers located at 350 East Market Street to consider the following requests: CUP-15-01 NC 210 Car Lot: The applicant is requesting a conditional use permit to construct and operate an automotive sales lot on property located within a B-3 (Business) zoning district. The property considered for approval is located on the west side of the intersection of Swift Creek Road and NC Hwy 210. The property is further identified as Johnston  County Tax ID# 15109015H.  RZ-15-02 Larry Denning: The applicant is requesting to rezone approximately 9.51 acres of land from the R-20A (Residential- agricultural) zoning district to the B-3 (Business) zoning district. The property considered for rezoning is located on the south side ofNC210 Highway approximately 1,200 feet west of its intersection with Skyland Drive. The property is further identifies as Johnston County Tax ID#  15076012A.  You have been identified as a property owner in the area specified above and are being advised of this meeting as you may have interest in this matter. You are welcome to attend; however, you are not required to in order for the Board to act on this request. Additional information may be obtained by contacting the Town of Smithfield Planning  Department at 919-934-2116.  3501 E. Market Street P.O. Box 761 Smithhield, NC27577 919-934-2116 Fax 919-934-1134  85    SMITHFE NORTH CAROLINA PLANNING DEPARTMENT Paul C. Embler, Jr., Director  Notice Of Public Hearing  Notice is hereby given that aj public hearing will be held before the Town Council of the Town of Smithfield, N.C., on Tuesday, April 7, 2015 at 7:00 P.M in the Town Hall Council Chambers located at 350 East Market Street to consider the following request: RZ-15-02 Larry Denning: The applicant is requesting to rezone approximately 9.51 acres of land from the R-20A (Residential- agricultural) zoning district to the B-3 (Business) zoning district. The property considered for rezoning is located on the south side of NC 210 Highway approximately 1,200 feet west of its intersection with Skyland Drive. The property is further identified as Johnston County Tax ID#  15076012A.  All interested persons are encouraged to attend. To accommodate disabilities and to comply with ADA regulations, please contact. the town office if you need assistance. Further inquiries regarding this matter may be directed to the Smithfield Planning  Department at (919)934-2116 or online at www.smithied-mc.com. Run "Legal Ad" in the Smithfield Herald on 3/25/15 and 4/1/15  350 E. Market Street P.O. Box 761 Smithfield, NC27577 919-934-2116 Fax 919-934-1134  86    Exhibit E  Rezoning Application  87    88    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  350 E. Market St Smithfield, P.O. Box 761, Smithfield, NC27577  MITHREL NORTH CAROLINA  NC27577  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 oft the application, nine (9) sets ofrequired plans, an Owner's Consent Form (attached) and the application fee. The application fee  is $300.00j for a rezoning to ai Standard. District, Name of Project: GlenLake A Parcel IDI Number: 68400-78-8722  Acreage of Property: 95/1 Tax ID: Deed Page(s): 745  15076012A  Deed Book: 3363 Address: Location:  NC210 HWY Smifield, NC NC 210 Hwy Smitlfiell NC  Existing Use: Motant, agriculture Existing Zoning District: R-20A Requested Zoning District B-3 Isp project within a Planned Development: Planned Development District (ifapplicable): Isp project within an Overlay District: Overlay District (if applicable):  Proposed Use: multifaniky (Sbunts)  JYes No No  No  JYes Nonc  FOR OFFICEUSEONLY  File Number: RZ-15-02Datel Received: lazls Amount Paid: #31080  Page 1 of6  11/2012  89    OWNER INFORMATION:  Name: Dennins Taily Tiust #Z lolay Dmain) Mailing Address: 100b Cheshunt Drue 5mHHeld, NC 27577  Phone Number: 919-215-4593  Fax:  Email Address:  APPLICANT INFORMATION:  Applicant: lence Lond Company LLC Phone Number: 919-755-0555  Mailing Address: Po Box 19AL,Palelyh NC 22619  Fax:  Contact Person: Frankie Fadegralh ef hee Vandeccirr  Email Address: fpendergrah Otkpences.can REQUIRED PLANS ANDSUPPLEMENTALINFORMATION  Dandecerr Othepes  com  Thej following items must accompany a Conditional Use Permit application. This information is required to A map with metes and bounds description of the property proposed for reclassification. !N#  be present on all plans, except where otherwise noted:  5k 15076012A  A list ofa adjacent property owners. Dennins Fomil, Trust  A statement ofj justification. Other applicable documentation: STATEMENT OF JUSTIFICATION  Please provide detailed information concerning all requests. Attach additional sheets fnecessary. Vhe alent 15 Mauslin Hhe! Whe Svbiect parul & Ne-Zonid faa 2-2A % B-3. Cumnlk all of HK lond in the Sununlis, axu Hnt hes noy ben abribld 1 zond R-ZOA, Gsryialhr N 2-IOA zaniny Netolt allous lw-ds Msidenyal one aguiculw! uss. uhin Depuky is Plannido Kaubpel is nt Mntonon ara N-zoding Mawst o be Awsued yo allw Aar uses ohi Yhen low- densik Ms.dinyhal a agrikulfwnl Tle apitant i cunlk dyptlapihs OA aoacny Parul ard he cnn? M-Zenin NAus! 1s aemsislenk L,  YK dabpnwnt of Kh abihlg porcih  Page 2of6  11/2012  90    REQUIREDI FINDINGS OFI 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 ofproofis 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 7his Zoniny polkkn is di corplana cvisk oll GAPKasL Plans gad plhus ah fk Touen ch SMHKCh. Dwith duremnt paIss fa this paaL, cmlmy e SuL and pruré al nussay purus Iae Whe jwwn, Bunky  Please attach additional, pages ifnecessary.  Smithfield:  Ord Sake.  2. The zoning petition is compatible with established neighborhood patterns of the 7his Zing pulslon is rongrible wh istablihed Aishblged patwas. Zy aukvs et pare! Mnf 1s abacut o C poc Hirs cunnk Liy   surrounding area:  A aubiferik houig.  3. The rezoning petition is compatible with the changing neighborhood conditions that might This rezoning puhbey is Confnhbl with the Chensliy 5mthuld 15 ot gr. oNA. Nrw atublank. and aler  warrant a rezoning:  Mihberket conditions. NL 210  .  Huy hiadisy west aut CE  husinsses ore cIAMenty baing derwlpd,  4. The rezoning request is in the community interest:  This Mawst 1 Yhe communk intevst in Hht  xlunds Au passikk LIKS froe fhe linilid R-ZOA  distntt fo B-3.  5. The request does not constitute "Spot Zoning":  This request daes aet conslilale Spet Zening. The immediakk Surloadiag CneCt camhins 4 mix ch rsidnfiallsinyl fAiaa aL-ahala,  agticallwal Gnd olkr uses.  Page 3 of6  11/2012  91    6. Present regulations deny or restrict the economic: use ofthe property:  Lunently HL porel i zond R-ZOA whh Asserhaly 1 oM asnhhunland Ly lac dslly Msokrlal distcih. Bermse af HL geurfa Dosaslial dE thi NE a10 Hwy cemierh hghst and best use He Dert/ 15 MINE fbhe, gnsks Msitallalutk as cperbunl a oAce und isblsbwal *pE 7. The availability of public services allows consideration of this rezoning request: lle Sarus and wlhHis Ce aullau and - ih chse  uS15.  peris do W subiret parcl  8. Physical characteristics of the site prohibit development under present regulations:: Tke Physical cheackrislis of He sike saetphst  fhr daslprnt uf #Ke Sikke.  Page 4 of6  11/2012  92    APPLICANT AFFIDAVIT  IWe, the undersigned, do hereby make application and petition to the Town Council of the Town of Smithfield to approve the subject zoning map amendment. Ihereby certify that I have full legal right to request such action and that thes statements or information made in any paper or plans submitted. herewith are true and correct to the best of my Inowledge. I understand this application, related material and all attachments become official records of the Planning Department of the Town of Smithfield, North  Carolina, and will not be returned. tankic Ww. Brdegoek  ihulis 21618- Date  Print Name  Signature ofA ILAE Applicant Monagins Mewber oF Pervo Lond (ompany, LLL  Page 5 of6  11/2012  93    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  THMEUD NORTH CAROLINA  350. E. Market St Smithfield, NC27577 P.O. Box 761, Smithfield, NC27577  OWNER'S CONSENT FORM  Name of Project: Glen Lake T OWNERS AUTHORIZATION  Submittal Date:  42z/s  onf  Ihereby give CONSENT to fene LandCompay, LLC Fentie hrlgih (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 Ih hereby 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. Ifurther consent to the Town of Smithfield to publish, copy or reproduce any copyrighted document submitted as a part of this application for any third party. I further agree to all terms and  application.  conditions, which may bei imposed as part oft the approval ofthis application.  Sany Signature  Larvy Print Nafe  1-22-15 Date  Denning  Bamay  CERTTFICATION OF APPLICANT AND/OR PROPERIYOWNER  Ihereby certify the statements or information made in any paper or plans submitted herewith are true and correct to the best of my knowledge. I understand this application, related material and all attachments become official records of the Planning Department of the Town of Smithfield, North  Carolina, and will not be returned. Bin  Sonyy  Larry Denning FOR OFFICE USE ONLY  1-32-15 Date  Print Name  768400-79  File Number: R715-02 Date Received: 12z/15  Parcell IDI Number: 8722  Page 6of6  11/2012  94    B3  Approximate Location of Proposed Rezoning from R-20A to B-3  R-8  NC210HWY  B3  Vicinity Map for: RZ-15-02 Applicant: Penco Land Company, LLC  N A  OD  NORTH CAROLINA Map Created by Town of Smithfield Geographic Information Services 95  Feet 500  0  250    96    Consent Agenda Items        The Smithfield Town Council held a work session on Monday, February 23, 2015, at 6:00 in Training Room located at 111 South Fourth Street. Mayor John H. Lampe Il presided.  pm. the Fire Station  Councilmen Present: Marlon Lee, District1 Travis Scott, District 3 Emery D. Ashley, At-Large Charles A. Williams, At-Large  Councilmen. Absent M. Andy Moore, Mayor Pro-Tem J. Perry Harris, District 2 Roger A. Wood, District 4  Administrative Staff Paul Sabiston, Town Present Greg Siler, Finance Director Manager Lenny Branch, Public' Works Director Patrick Harris, Fire Chief Mike Scott, Chief of Police Shannan Williams, Town Clerk  Mayor Lampe called the meeting to order ate 6:01 pm.  Approval of Agenda  Councilman, Ashley made a motion, seconded by Councilman Williams, to  the approve agenda as  submitted. Unanimously approved,  Topics of Discussion:  1. Council discussion on amending the employee handbook to include life insurance benefits for current and retired Council members with 20 or more years of service Town Manager Paul Sabiston informed the Council that a retired Councilmember recently whether he was entitled to receive life insurance benefits paid by the Town on his behalf inquired as Itwas the consensus of the Council that life insurance benefits should not be members of Councit past or present. No formal action was taken. 2. Discussion regarding reimbursement for Volunteer Fire Departmentpersonnel  starting before 2016.  as to part of his  retirement from Town Services.  paid by the Town for  Town Manager Paul Sabiston informed the Council that there was an issue with regards to the annual compensation for volunteer fire personnel. In years past, the Town used to reimburse volunteers with flat reimbursement payment that did not withhold any taxes. More recently, withholdings were made but a the amount of money paid to the volunteers was increased to offset these withholdings. This effort to correct what could have been perceived as an incorrect withholding amount, the annual year, payment for withholdings was adjusted to match the single payment to volunteers. This resulted in much less tax withholding being paid by the Town to the state and federal taxing authorities. This has caused concern by the volunteers whol have inherited al larger tax liability for this year as opposed tor recent tax years. Staff was directed to bring to the Council at the March 3rd meeting two options that would resolve  in an  issue.  the  3. Preliminary Budget Discussion  a. Police  The following items were discussed: from the fleet.  Arequest fori five patrol vehiçles. This would allow several aging vehicles to be removed The creation of as substation in East Smithfield to improve the community relations.  Potential need for body cameras  97    b. Fire  The following items were discussed:  The need for a new laddert truck and fire engine. The need for additional Fire Stations int the future. potential fire stations. No direction was given by the Council.  Recommendation by Chief Harris to replace some of the positions that were removed  from prior budgets.  Town Manager Paul Sabiston asked for input from the Council concerning new fire trucks and  Public Works  General Services = Appearance The following items were discussed:  The Appearance Commission is requesting a 50% increase ($5,000) in the budget for additional projects. Council suggested that the Appearance Commission outline the projects that they would complete to justify the increase Replacement of HVAC units at the Hastings House and the Police Department.  inf funds.  Replacement of a1ton flatbed truck Replacement of some Christmas decorations  ii. Streets  The following item were discussed: Replacement of at flatbed truck  iii. Garage  The following item was discussed:  The need for diagnostic equipment in the garage.  iv. Sanitation  The following items were discussed  The need for a new Knuckle boom truck Replacement of a pick-up truck  Mayor Lampe asked that staff look at the possibility of adding robotic arms to the  garbage trucks.  Adjourn  There being no further business, Councilman Williams made a motion, seconded Councilman Ashley, to adjourn.  Unanimously approved.  The meeting adjourned at approximately 9:15 pm.  John H. Lampe II, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  98    The Smithfieid Town Council met in regular session on Tuesday, March 3, 2015 at 7:00 p.m. in the Council  Chambers of the Smithfield Town Hall. Mayor John H. Lampe II. presided.  Councilmen Present: Marlon Lee, District1 Travis Scott, District3 Roger A. Wood, District 4 Emery D. Ashley, At-Large Charles A. Williams, At-Large  Councilmen, Absent  Administrative Staff Present Lenny Branch, Public' Works Director Paul Embler, Planning Director Kenneth C. Griffin, Public Utilities Director Patrick Harris, Emergency Services Gary, Johnson, Interim Parks & Rec Director Tim Kerigan, Human Resources/PIO Mike Scott, Police Chief Greg Siler, Finance Director Shannan Williams, Town Clerk Staff Absent:  M. Andy Moore, Mayor Pro-Tem J. Perry Harris, District 2 Paul Sabiston, Town Manager  Present:  Bob Spence, Town Attorney  The invocation was given by Councilman Scott. The Pledge of Allegiance was led by Girl Scout  3424 Troop  members: Sarah Gaskins and Clair McGeough APPROVAL OF AGENDA:  Councilman made a motion, seconded by Councilman Ashley, to move Business Item #3 Police Department Promotion and Change in structure Consideration and approval to authorize a change in department structure by eliminating the patrol commander position and approve the necessary promotions to two Captain's positions. It is also requested the Council approve the necessary sergeant and lieutenant back-fills created by the two Captain's promotions. It is requested these changes take effect upon the Chief promoting these positions, but not before March 09, 2015 to Mayor Pro-Tem Moore made a motion, seconded by Councilman Wood, to add the following items to  Consent Agenda Item 7. Unanimously approved. the ConsentAgenda:  Approval of amendments to the DSDC's Bylaws Approval of 3 Special Events and Street Closings by DSDC The Civil War Sites Tour, March 21, 2015 The Ham and Yam Festival, May 1 and 2md 2015 The Friends oft the 4"Celebration, July 5"2015  Unanimously approved.  Mayor Pro-Tem Moore made a motion, seconded by Councilman Scott, to move Business Item #1 Consideration and approval to allow a Girls Scout Project to Paint a Mural on under Bridge of Highway Business 70 on the Buffalo Creek Greenway tot the Consent Agendal Item #10.  Unanimously approved.  PRESENTATIONS:  1. 2014 Smithfield Police Department's Officer of the Year- Sean Cook  Chief of Police Mike Scott addressed the Council on the Smithfield Police Department's Officer of the Year, Officer Sean Cook. The police department recognizes one officer annually as "Officer of the Year." This employee was nominated by secret ballot, completed by every member of the police department The officer receiving the most votes was reviewed by a recognition committee consisting of four lieutenants and the Patrol Commander. The committee made a recommendation for Officer of  99    the Year to the Police Chief, who has the final say as to this award. Officer Cook is a member of Patrol Team "A". Officer Cook has been extremely dedicated to the department and its mission during 2014. Officer Cook often gives freely of his personal time to attend recognition announcements for new hires, as well as other officers. He has been very active in community policing events and has been an Mayor Lampe presented Officer Sean Cook with a plaque identifying him as the 2014 Police Officer  outstanding representative of the Smithfield Police Department.  oft the Year. 2. Girl Scout Project:  Interim Parks and Recreation Director Gary Johnson and Girl Scout Troop 3424 members: Sarah Gaskins and Clair McGeough presented to the Council a rendering of a mural they will paint on the bridge undemeath Business 70 at the Town Commons. This project is to earn their Silver Award for Girls Scouts. The mural would depict scenes along the Mountains to Sea trail including Boone, the Biltmore estate, Smithfield, Topsail Island and Cape Hatteras. Also included would be the Cardinal, Dogwood Flower, and Pine Tree (all State Symbols). The Smithfield Scene would depict the Hastings  House, the' WW1 Memorial at the Courthouse and thet ties to Ava Gardner.  PUBLIC HEARINGS:  Town Clerk Shannan Williams swore in persons wishing to offer testimony att the Public Hearings.  1. Rezoning Request Nell Howell Estate, Etal (RZ-15-01):  Councilman Scott made a motion, seconded by Councilman. Ashley, to open the Public  Hearing. Unanimously approved.  Planning Director Paul Embler addressed the Council on a rezoning request by the Estate of Nell Howell. The applicant is requesting to rezone a 50.4 acre portion of a 66 acre tract of land from LI (Light Industrial) to B-3 (Business) and a 15.6 acre portion of a 66 acre tract of land from LI (Light Industrial) to R-8 (Residential). The request also includes the rezoning of a 28.8 acre portion of a 238.57 acre tract of land from R-6 (Residential) to B-3 (Business) and a 6.6 acre portion of a 238.57 acre tract of land from R-10 (Residential) to R-8 (Residential) and a 4.3 acre portion of a 238.57 acre tract of land from R-20A Resdental-Agrcuture) to R-8 (Residential) and a 132.8 acre portion of a 238.57 acre tract of land from R-8 (Residential) to B-3 (Business) These properties are bound to the north by Buffalo Road, to the south by Ava Gardner Avenue to the east by US 70 Bypass and to the west by Booker Dairy Road. The properties considered for rezoning inçlude only the portions of properties located within the Town of Smithfield Planning and Zoning Jurisdiction and are further identified as a 173.8 acre portion Johnston County Tax ID# 14057009 and the entire 66 acres of Planning Director Paul Embler has incorporated his entire record and provided it to Council in written The Planning Board, ati its February 5, 2015 meeting, recommended approval to rezone approximately 238.5 acres of land from predominantly residential and light industrial zoning districts to the B-3 The Planning Department recommends approval of the request to rezone approximately: 238.5 acres of land adjacent to US Hwy 70 from the R-20A Resdenta-Agnculural, R-8 (Residential), and (Light- Industrial) zoning districts to the B-3 (Business) and R-8 (Residential) zoning districts. Ron Suttons of Herring and Associates stated that he was in agreement with the testimony offered by  Johnston County Tax ID# 14054010F. form in the March 3, 2015 agenda packet.  (Business) district and R-8 (Residential) zoning districts.  Mr. Embler.  100    Mayor Lampe asked if there were any questions/from those in the audience that had been duly swor Earl Botkin of 368 Bayhill Drive stated that he was not against any development in the area. He questioned if the property is developed would that create more traffic on Bayhill Drive. Mr. Sutton responded that the intent is to cul-de-sac Bayhill Drive so that there isn't any access. Mayor Lampe asked ifthere were any questions/comments from the Council.  tote testify.  Councilman Williams questioned if Town Houses could be constructed. Mr. Embler responded that multi-family structures could be constructed in the R-8 zoning district by conditional usepermit Councilman Scott questioned if there would be a buffer between residential and commercial uses. Mr.  approval..  Embler responded that there would be buffers to separate the two uses.  Mayor Pro-Tem Moore made a motion, seconded by Councilman Williams, to close the Public  Hearing. Unanimously approved.  The Written Finding of Facts  Article 13 Section 13-17 of the Town of Smithfield Unified Development Ordinance requires all applications for az zoning map amendment to address the following eight findings. At its March 3, 2015 regular meeting, the  Town Council determined that the zoning mapa amendment is warranted.  Finding One of Eight: Agree Town of Smithfield.  The zoning petition is in compliance with all applicable plans and policies of the The rezoning request from the low density residential and industrial zoning to a commercial driven zoning district all the while retaining the residential component along the North-South portion of Booker Dairy Road seems a reasonable response to the Booker Dairy Road extension project. The Future land use plan has identified this property as being suitable for low density residential development and open space. The plan, while identifying the need for the Booker Dairy Road Extension, does not address the demand for additional commercial zoned property that such a road project can The rezoning petition is compatible with established neighborhood patterns of the The west most portion of the property considered for rezoning to residential is consistent with existing residential zoning and development patterns on the west side of Booker Dairy Road. The commercial component is a logical extension of an existing of an existing commercial district to the south. Rezoning the northern most portions oft the property from an industrial zoning district to a commercial: zoning district will better serve the community and may help pave the way for north-south connection between Book Dairy Road and The rezoning petition is compatible with the changing neighborhood conditions The rezoning request from the low density residential and industrial zoning to a commercial driven zoning district all the while retaining the residential component on along the north-South portion of Booker Dairy Road seems a reasonable response to the changingconditions. in the area, namely the Booker Dairy Road extension.  support.  Finding Two of Eight: Agree surrounding area.  Buffalo Road.  Finding Three of Eight: Agree that might warrant a rezoning.  101    Finding Four of Eight: Agree  The rezoning request is int the community interest.  The rezoning will allow for a wider range of commercial and residential uses and provide additional areas for consideration of large scale commercial developments. The development that will occur from the rezoning will increase the tax base as an additional  benefit.  Finding Five of Eight: Agree  The request does not constitute "Spot Zoning".  Since adjacent nearby properties are presently zoned B-3 (Business) then iti is unlikely an  argument could ber made for" "spot zoning" or" "small scale". zoning. Present regulations deny or restrict the economic use of the property.  Finding Six of Eight: Agree  The property is currently zoned for residential and light industrial uses. However, additional office and commercial uses such as those permitted in the B-3 (Business)  zoning district cannot occur unless the property is rezoned.  rezoned.  Finding Seven of Eight: Agree  Theavailability of public services allows consideration of this rezoning request. Ina addition to public water and sewer being available near the site, the property can be served with electricity by the Town of Smithfield. CenturyLink and Time' Warner also serve 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 that would outright prohibit development of the property. There is no limiting geological and hydrological formation Councilman Ashley made a motion, seconded by Councilman Wood, to vote in the affirmative  the area with phone and cable respectively. Finding Eight of Eight: Agree  that would prohibit development (rock outcrops, lakes, etc.). to all of the above eight Finding of Facts. Unanimously approved.  Rezoning Permit Approval  Councilman Ashley made a motion, seconded by Mayor Pro-Tem Moore, based upon satisfactory compliance with the above stated eight findings and fully contingent upon full incorporation of all statements entered into the record by the testimony of the applicant and applicant's representative,  move to approve the Rezoning Petition RZ-15-01. Unanimously approved. 2. Conditional Use Permit Request - NC 210 CarLot/CUP-15-01)  Councilman Ashley made a motion, seconded by Mayor Pro-Tem Moore, to open the public Planning Director Paul Embler addressed the Council on a request for a Conditional Use Permit. The applicant is requesting a conditional use permit to construct and operate an automotive sales lot on property located within a B-3 (Business) zoning district. The property considered for approval is located on the west side of the intersection of Swift Creek Road and NC Hwy 210. The property is  hearing. Unanimously approved.  further identified as Johnston County Tax ID# 15109015H.  102    Planning Director Paul Embler has incorporated his entire record and provided it to Council in written The Planning Board at its February 5"h 2015 meeting, unanimously voted to recommend approval of the Conditional Use Permit for an automobile sales lot at the west side oft thei intersection NC Hwy 210 1. An 81 footy white vinyl fence is installed on the west side of a reduced buffer yard. 2. Street trees nearest the intersection are set back an additional 101 feet. 3. Vehicular Surface Area is moved towards the public right-of-way. 4. AIIVSA's be screened with a continuous row of shrubs planted 5 foot on center. 5. All other minimum requirements of the UDO are met to include paving of all areas to be used The Planning Department recommends approval of the proposed automobile sales lot providing that all parking spaces are paved and landscaping is installed in accordance with minimum developments standards and that vehicular surface screening is installed adjacent to all vehicular Dan Simmons of Triangle Civil Works stated that he was in agreement with the testimony provided by Mr. Embler. Het further stated that the applicants have complied with all the necessary requirements. Mayor Lampe asked if there were any questons/comments from those in the audience that had been Mike Caporale of 2190 NC Highway 210 testified that he has spent the last three years building his home and originally the proposed project site was zoned as residential. He wouldn't have built such a large expensive home if he knew that land would be changed to commercial. His main concerns is having a used car lot right next door to him and have potential break-ins or people cutting through his Esther Watson of 2267 Highway 210 testified that she and her husband live directly across the street from the proposed site. She further testified that the area is primarily residential and agricultural and Highway 210 is already heavily traveled. Mrs. Watson is concerned that a car lot at this intersection Franklin Watson also of 2267 Highway 210 testified that he will see this car lot from his front door and there are single family homes surrounding this property. He testified that that there are al lot of car lots in West Smithfield and he does not want to see something that like across the street from his property. He requested that the Board consider the home owners and how the proposed car lot would affect  form in the March 3, 2015 agenda packet.  and Swift Creek Road with the following conditions of approval:  fora automobiles.  surface areas.  duly sworn to testify.  property.  will cause numerous accidents and impact their quality of life.  them.  Mayor Lampe asked ift there were any questions/comments from the Council.  Councilman Ashley questioned if staff had considered the impact on adjacent property owners. Mr. Embler responded that the additional conditions that were recommended by the Planning Board could Councilman Scott questioned when the property was rezoned. Mr. Embler responded that the Council Councilman Williams questioned if NCDOT approved the drive way access. Mr. Simmons responded that NCDOT has requested that the driveway be as far away as possible from thei intersection. Councilman Scott stated that he was concerned about the fifty foot setback because this would reduce the landscaping by 50% and negatively impact the adjacent property owners.  address the adjacent properties.  rezoned the property approximately two years ago.  103    Councilman Wood made a motion, seconded by Councilman Williams, to close the Public  Hearing. Unanimously approved.  The Written Finding ofFacts  Finding One of Four: Pending more information  Council requested that more information be obtained on the traffic impact and if the driveway access would bel better suited on Swift Creek Road instead of on Highway 210. 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 ori is approved with The proposed automobile sales lot at this location conforms to standards and practices of sound land use planning and the Town of Smithfield Unified Development Ordinances providing the applicant submits a detailed site plan for planning staff approval that shows required landscaping, lighting, paved parking and utility connections prior to issuance of site plan approval and issuance ofa valid zoning permit for an automobile sales lot.  Finding Two of Four: Approved  the following additional stated conditions.  The Council found no reason to deny this finding. Finding Three of Four: Pending more information and injure the value of adjoining or abutting properties'  The Council requested that more information be obtained on the how this would impact  Finding Four of Four: Approved  Based on the evidence and testimony presented it is the finding of the Town Council that the application would not adversely affect the adopted plans and policies of the Town of Smithfield, or violate the character of existing standards for development of the adjacent properties or is approved with the following additional The proposed automobile sales 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.  stated conditions.  The Council found no reason to deny this finding.  Councilman Ashley recommended that the Council delay a decision for this request and have this Councilman. Ashley, made a motion seconded by Councilman Williams, to continue the Public' Hearing of Conditional Use Permit Request-NC210 Car Lot (CUP-15-01) until the April7,2015 regular  placed on the April 7th regular agenda. Council Meeting. Unanimously approved  CITIZENS COMMENTS: None  104    CONSENT AGENDA:  Mayor Pro-Tem Moore made a motion, seconded by Councilman Wood, to approve the following items as  listed on the ConsentAgenda: 1. Approval of Minutes:  February 3, 2015 - Regular Meeting Tourney to be held on May 16, 2015. Officerlto the rank of Police Officer II. FY2014-2015 budgeted item.  2. Special Event - Approval to allow First Missionary Baptist Church to conduct a "3on3" Basketball 3. Career ladder Promotion for the Police Department. Approval was granted to promote a Police 4. Bid Award and purchase approval of a 2015 Chevrolet 1500 service truck from Deacon Jones Auto Group to be utilized by the Public Works Department in the amount of$24, 3332.72. This is a  Bids were: solicited from the following vendors: Deacon Jones Auto Group Capital Ford Inc. Classic Ford  $24,332.72 $25,441.00 $31,135.83  5. Bid Award and purchase approval of a 2015 F350 Flatbed Truck from Capital Ford to be utilized by the Public Works Department in the amount of 32,801.00 and to allow staff to move 2,801.00 from the sanitation line item 10-5800-3400. $30,000 was budgeted in FY2014-2015 for this  purchase.  Bids were solicited from the following vendors: Capital Ford Inc. (State contract price) Deacon Jones Auto Group Classic Ford  $32,801.00 $33,664.14 $35,857.18  6. New Hire Report - The following positions were recently filled following vacancies in accordance  with the Adopted FY 14-15 Budget. Position Water Plant Operatorl Police Officerl Sanitation Equipment Operator  Department PU-Water Plant Police PW- Sanitation  BudgetL Line Rate of Pay 30-7200-0200 $14.17/hr ($29,473.60lyr) 10-5100-0200 $16.034/hr ($35,852.02lyr) 10-5800-0200 $12.84/hr ($26,707.20lyr)  7. Police Department Promotion and Change in structure Consideration and approval to authorize a change in department structure by eliminating the patrol commander position and approval of the necessary promotions to two Captain's positions. Approval was also given to allow the necessary sergeant and lieutenant back-fills created by the two Captain's promotions. The changes will take effect upon the Chief promoting these positions, but not before March 09, 2015.  8.A Approvalofamendments to the DSDC's Bylaws  (Attached hereto and made an official part of the minutes is a true copy of the Downtown  Smithfield Development Corporation's Bylaws) 9. Approval of 3 Special Events and Street Closings by DSDC The Civil War Sites Tour, March 21, 2015 The Ham and' Yam Festival, May 1st and 2nd 2015 The Friends of the 4th Celebration, July 5th 2015  105    10. Approval to allow Sarah Gaskins and Clair McGeough of Girl Scout Troop 3424, to paint a mural  under the HWY Business 70 Bridge on the Buffalo Creek Greenway.  Unanimously: approved. BUSINESS ITEMS:  1. Consideration and Approval for a Lease Agreement with Prosource of New Fitness  Equipment for the Smithfield Recreation and Aquatics Center.  Interim Parks and Recreation Director Gary Johnson addressed the Council on a request to replace fitness equipment at the SRAC. The Smithfield Town Council appropriated $35,000.00 in the capital outlay line item 106220.7400) to replace the existing fitness equipment. The existing equipment has been in service since the opening of the building in 2009 and has far exceeded its life expectancy. Having equipment in proper working condition is a big key for new memberships, and more importantly, existing membership retention. Staff recommended that the Town enter into a three year lease to replace 16, pieces of equipment at $35,911.00 per year for three years. The lease would carry an interest rate of 5% and the interest would be less than the maintenance contract that could be eliminated (3 year warranty on the new equipment) and all of the equipment could be replaced at the same time with the same models. At the end oft the lease agreement, each piece of equipment woutd be bought for $1.00 each in which we could continue to use it if still in proper working order, or replace with a new lease. This would take a three year commitment by the Town. Six Elliptical Machines were rebuilt earlier this year andwould remain in service.  Councilman Scott made a motion, seconded by Councilman Williams, to table this request until the March regularly scheduled work session. Councilman Scott, Counciiman Wiliams, Councilman Ashley and Councilman Lee voted in favor of the motion. Mayor Pro-Tem Moore  and Counciiman Wood voted against the motion. Motion carried 4-2.  2. Budget Advisement for reallocation of $41,000 in the Water & Sewer Department Capital Projects line for AMOS Asset Management and Geographic Information Public Utilities Director Ken Griffin addressed the Council on a request for reallocation of funds in the Water & Sewer Capital Projects line for AMOS Asset Management and GIS software. Mr. Griffin explained that staff has continued to work to find the most cost effective solution for developing an Asset Management System that maximizes the useful life of the Town's assets by providing timely maintenance, repair and replacement of the Town's Water Distribution System of: pumps, tanks, lines, valves, and hydrants and for the Town's Wastewater Collection System of: lines, manholes, lift stations and air relief valves and at the same time be able to reference this asset information relative to the horizontal and vertical location within each system. The Town doesn't have an asset management system or a geographic system; but relies on anecdotal information provided by experienced Town employees and on paper maps that cover most, but not the entire Town. The current FY 14-15 Budget provides $56,000 for Valve GPS/Digital Mapping. This relies on a traditional consult-intensive approach that is used by larger utility departments and would only result in needed information on the valve portion of the Water Distribution System. The remaining assets (pumps, lines, tanks, hydrants) of the Water Distribution System and all of the assets of the Wastewater Collection System (lines, manholes, lift stations and air relief valves) would have to be added in future budget years at substantial cost and would also require expensive software and highly paid technical staff, not currently on Smithfield's payroll, nor likely to be. This Budget Advisement proposes to use $41,000 to cover the Town's full Water Distribution and Wastewater Collection systems for substantially less than allocated $56,000 for just Water System Valves, to implement a highly cost effective asset management and geographic information solution. The recommended system is the AMOS (Asset Management and GIS) System designed for small utilities. This AMOS system minimizes use of consultants and make maximum use of existing Smithfield staff, especially its  System (GIS).  106    Engineering Technician (at approx. half the cost of a traditional GIS Technician as employed by larger  utility departments).  Councilman Williams made a motion, seconded by Councilman Scott to approve the budget advisement for reallocation of the $41,000 needed to implement AMOS Asset Management and Geographic Information System (GIS) for the Town's Water Distribution System and Wastewater Collection System and authorization for the Town Manager to sign the attached agreement with the Wooten Company for professional services and the AMOS License  Agreement. Unanimously approved.  3. Budget Advisement for reallocation of $29,688 in the' Water & Sewer Department Capital Projects line for purchase of a Grinderf for Lift Station #3.  Public Utilities Director Ken Griffin addressed the Council on a request for reallocation of funds in the Water & Sewer Capital Projects line for the purchase of a grinder for Lift Station #3. Mr. Griffin explained that Public Utilities staff continued to work to find a cost effective solution for replacement of the grinder for Lift Station #3 and if possible complete this replacement in FY 14-15. Staff found a solution that is significantly less expensive than the previously quoted price of nearly $50,000. The key breakthrough involves: 1) using the existing rail system for support of this grinder, 2) using the electrical controis and 3) using a 'muffin monster" type grinder that has been highly effective at shredding disposable wipes that are causing Smithfield and other utilities significant difficulties. Public Utilities staff worked with JWC Environmental and JWC will custom design a grinder that will fit oure existing rail system and electrical control system, thus elimination costly replacement of both.  Councilman Ashley made a motion, seconded by Councilman Williams, to approve the budget advisement for reallocation oft the $29,688 needed to purchase a grinder for Lift Station #3.  Unanimously approved.  4. Discussion regarding compensation for Volunteer Fire Department Personnel  Finance Director Greg Siler addressed the Council on compensation for the Volunteer Fire Department Personnel. Mr. Siler explained that the Town Council requested the Finance Director to present two solutions regarding a year-end tax filing issue and the grossing up of the annual volunteer firemen stipend. The phrase "Grossing Up" means to increase a net amount to include deductions, such as taxes, that would otherwise be incurred by the receiver. It is most frequently used in terms of salary: an employee can receive his salary grossed up, meaning the employee would receive the full salary promised to him without deductions for tax. The deductions are paid by the employer as an additional benefit. In the past, the Town of Smithfield paid volunteer firemen an annual stipend based on rank and the number of emergency calls responded to during the year. The intent of the stipend is to reimburse volunteer firemen for any cost associated with responding to emergency calls. Fire Chief, Patrick Harris, determines the net stipend amount paid to each volunteer fireman and gives it to the payroll department to increase the net amount (gross up). This would include tax deductions  incurred by the receiver.  The two options that were to be considered by the Council are as follows:  Option 1- Do a one-time adjustment for all volunteer firemen: Use the 2013 grossed up percentages and pay the difference to each volunteer through payroll. Payments will be taxed, issued and reported in the 2015 calendar year. While this solution will not alter the 2014 tax liability, it will provide the volunteers with additional dollars to offset any difference. Going Option 2-D Do a one-time adjustment on a case-by-case basis: Have volunteers who have to pay back Federal or State taxes document their liability with a prepared tax return and the Town will do a one-time adjustment check up to the same percentages as used in 2013. This check will bei taxed, issued and reported during the 2015 calendar year. While this solution will not alter the 2014 tax liability, it will provide the volunteers with additional dollars to offset  forward the stipend will be grossed up as directed by Town Council.  some or all of their tax liability. This will be ar more tedious effort.  107    Councilman Ashley made a motion, seconded by Counciiman Williams, to approve option 1as  stated above. Unanimously approved.  Councilmembers Comments:  Councilman Scott requested that Chief of Police Mike Scott contact the wrecker services that do business in Town and remind them that they are responsible for removing debris at accident scenes.  He stated that al lot of wrecker services are not doing this.  Town Manager's Report:  Department Reports Financial Report  o Ahighlight of each department's monthly activities was given to the Council.  General Fund revenues for the month ending January 31, 2015 were $2,479,035 and YTD revenues were $ 8,663,376. The general fund expenditures for the month ending January 31,  2015 were $1,123,919and YTD expenditures were $ 6,588,495.  Manager's Updates  Mr. Sabiston gave the Council al brief update on the following issues: Proposed renovations to the Finance Department Cost of Service Study and Rate Analysis  Adjourn  There being no further business, Mayor Pro-Tem Moore made a motion, seconded Councilman Williams, to  adjourn. Unanimously approved.  The meeting adjourned at approximately 9:11 pm.  John H. Lampe I, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  108    The Smithfield Town Council held a work session on Tuesday, March 17, 2015, at 6:00 pm. in the Council  Chambers of the Smithfield Town Hall. Mayor John Lampe, II. presided.  Councilmen Present: Marlon Lee, District1 J.F Perry Harris, District2  Councilmen, Absent M.A Andy Moore, Mayor Pro-Tem Travis Scott, District3 Roger A. Wood, District4 Emery D. Ashley, At-Large Charles A. Williams, At-Large  Administrative Staff Present Paul Sabiston, Town Manager Greg Siler, Finance Director Ken Griffin, Public Utilities Director Gary. Johnson, Parks and Rec Director Shannan Williams, Town Clerk  Mayor Lampe calledi the meeting to order at6 6:13 pm. Due to a lack of quorum, no actions were taken.  Discussion  1. Preliminary Budget Discussion a. Non! Departmental  Town Manager Paul Sabiston reviewed the Non-Departmental expenditures with the Council.  Thet following topics were discussed:  Downtown Smithfield Development Corporation Projected Election Expenses The Town's contribution to the Ava Gardner Museum. The Town's contribution to the Chamber of Commerce.  The Town's contribution to the Public Library of Johnston County and Smithfield. Councilman Harris stated that he would like to have a reportf from the Raleigh Areal Development Authority concerning the Talent Enhancement Grant now that the project was completed. Councilman Williams stated that he would like to use some oft the funds int the economic  development budget to enhance the Town's website.  b. Public Utilities  Water Plant  Public Utilities Director Ken Griffin explained that there are three major projects that need to be completed for a more permanent solution to the sand infiltration problem. These  projects willl be costly, but they are necessary.  ii. Water/Sewer  Public Utilities Director Ken Griffin explained that funds will be needed for infrastructure repairs to water lines. Funds will aiso be needed to address the infiltration  and inflow issues of the sewer lines.  ili. Electric  Public Utilities Director Ken Griffin informed the Council that there would only be one major capital project needed for the Electric Department. He explained that the upgrades will be done to the Brogden substation in order to phase out the old substation on Hospital  Road.  109    Councilman Harris questioned the status on the agreement between NCEMPAand DEP. Mr. Sabiston responded that iti is continuing to move forward with at target date for the closing  tooccuri in July  Adjourn  The meeting adjourned at approximately 8:00 pm.  John H. Lampe, II, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  110    The Smithfield Town Council held a work session on Tuesday, March 24, 2015, at 6:30 pm. in the Council  Chambers of the Smithfield Town Hall. Mayor John H. Lampe Il presided.  Councilmen Present: M. Andy Moore, Mayor Pro-Tem Marlon Lee, District1 J. Perry Harris, District2 Travis Scott, District3 Charles A. Williams, At-Large  Councilmen/ Absent Roger A. Wood, District 4  Administrative Staff Present Paul Sabiston, Town Manager Greg Siler, Finance Director Lenny Branch, Public' Works Director Patrick Harris, Fire Chief Gary Johnson, Parks and Rec Director Shannan Williams, Town Clerk  Emery D. Ashley, At-Large (left at 7:00 and returned at 8:00)  Mayor Lampe called the meeting to order at 6:31pm. Mayor Lampe informed the Council that the work sessions were not functioning as planned. His recommendation was to suspend the scheduled work sessions for a few  months to see if the extra meeting was actually needed.  Approval of Agenda discuss a personnel matter.  Mayor Lampe asked that a Close Session be added to the agenda pursuant to NCGS 143-318.11 (a) (6) to  Councilman Harris made a motion, seconded by Councilman Williams, to approve the agenda with the  addition of a Closed Session. Unanimously approved,  Closed Session  Councilman Harris made a motion, seconded by Councilman Williams, to enter into Closed Session NCGS 143-318.11 (a) (6) to discuss a personnel matter. Unanimously approved at6 6:35 pm.  Reconvene in Open Session  Councilman Harris made a motion, seconded by Councilman Williams, to reconvene in open session.  Unanimously approved at 7:25 pm.  Topics of Discussion:  1. Bid award Bid Award for 2014-2015 Street Resurfacing Project  Public Works Director Lenny Branch addressed the Council on the 2014-2015 Street Resurfacing Project. Mr. Branch explained that the project would consist of seventeen streets (approximately 1.7  miles). Bids received were asi follows: ST Wooten Construction Johnson Bros. Utility & Paving Barnhill Construction Co Turner Asphalt Selco Construction  $420,266.27 $403,892.49 $383,244.50 $350,989.30 $312,133.68  Mr. Branch asked that the Council consider awarding the bid and contract to Selco Construction. He also requested that Council allow staff to utilize the remaining $12,866.32 to do asphalt repairs at the Town Councilman Lee inquired as to how the streets were determined. Mr. Branch explained that an outside firm conducted a study and determined the order in which streets would need to be resurfaced.  Hall parking lot and the parking lot beside' Wells Fargo Bank.  111    Councilman Lee stated that Lemay Street had never been resurfaced. Mr. Branch responded that he would take al look at Lemay Street and determine where it was on the street resurfacing study.  Councilman Harris made a motion, seconded by Mayor Pro- Tem Moore to award the bid and contract for the 2014-2015 Street Resurfacing Project to Selco Construction in the amount of $312,133.68 and to also look at Lemay Street. Remaining funds would not be utilized for parking lot repairs at this time. Councilman Harris, Mayor Pro-Tem Moore, Councilman Scott and Councilman Williams voted in favor of the motion. Councilman Lee voted against the motion.  Motion carried 4-1,  2. Discussion on Cost of Service Study and Electric Rate Analysis  Town Manager Paul Sabiston addressed the Council on consideration on an electric Cost of Services Study and Electric Rate Design. Mr. Sabiston explained that with the forthcoming asset purchase agreement and purchase power agreement between NCEMPA and Duke Energy Progress (DEP), the Town is anticipating a significant reduction in cost for purchased power. Mr. Sabiston explained that Public Utilities staff felt that now was the best time to conduct the study and analysis. Bids received were  as follows:  ElectriCities Utility Financial Services Power Services  $25,700 $30,548 $37,000  Mr. Sabiston asked the Council to consider awarding the bid to ElectriCities in the amount of $25,700 to Mayor Pro-Tem Moore questioned if this was a service that the Town could partner with neighboring Towns to help share in the cost. Mr. Sabiston responded that the study and analysis are specific to each Councilman Harris asked staff to look at how lowering the Town's electric rates to match DEP would affect operations. Mr. Sabiston responded that the study and analysis will be able to accurately show how Councilman Scott stated that the Town was charging too much for electricity and he suggested that the Town's rates be lower to 5% over what DEP currently charges its customers. Mayor Lampe responded that DEP doesn't have the complex rate structure for commercial customers and that it would be nearly  conduct the Cost of Service Study and Electric Rate Analysis.  Town; therefore, partnering with neighboring Towns would not be an option.  rates would compare to DEP.  impossible to arbitrarily lower rates without a study.  Councilman Harris made a motion, seconded by Mayor Pro-Tem Moore, to award the bid to ElectriCities in the amount of $25,700 to conduct a Cost of Services Study and Electric Rate Analysis with emphasis on how the Town can inexpensively sell Electric. Also, to instruct the Town Manager to deliver a draft budget that doesn'ttransfer any money from thel Electric Fund to  the General Fund. Unanimously approved.  ELECTRICF FUND 1. Expenditure  BEFORE $ 563,239 7.000 $ 570,239  ADJ. $ (20,700) 20.700 $ a  AFTER $ 542,539 27,700 $ 570,239  31-7230-7400 Capital Outlay 31-7230-0400 Professional Services  Tot fund the electric utility cost of service and rate design study.  112    3. Consideration and Approval for a Lease Agreement with Prosource of New Fitness  Equipment for the Smithfield Recreation and Aquatics Center.  This item was tabled from the March 3, 2015n regular Council Meeting.  Parks and Recreation Director Gary Johnson addressed the Council on a request to approve a lease agreement with Prosource. Mr., Johnson explained that The Smithfield Town Council appropriated $35,000.00 in the capital outlay line item (106220.7400) to replace the existing fitness equipment in the SRAC. The existing equipment has been in service since the opening oft the building in 2009 and has far exceeded its life expectancy. Mr. Johnson stated that leasing the equipment would be more cost  effective than Purchasingequipment Bids were received from the following:  Prosource Total Bid LEASE INFORMATION:  $98,377.00  36 MONTHS @$299261/MONTH $35,911.00 PER YEAR $1.00 BUYOUT AT END OF LEASE  Carolina Sports and Fitness Total Bid LEASE INFORMATION:  $113,370.00  36 MONTHS @$342738/MONTH $41,124.00 PER YEAR $1.00 BUYOUT ATE END OF LEASE  Councilman Williams made a motion, seconded by Mayor Pro-Tem Moore award the bid to and enter into a three year lease agreement with Prosource for the lease of 10 Treadmills, 5 Elliptical Machines and 1 Stair Climber ini the amount of $35,911 per year for 3y years with a $1 buy out for Councilman Williams, Mayor Pro-Tem Moore, Councilman Ashley, Councilman Harris and Councilman Lee voted in favor of the motion. Councilman Scott voted against the motion. The  each piece at the end oft the lease.  motion passed 5-1.  4. Discussion concerning merging services  Town Manager Paul Sabiston asked the Council for direction on contacting the Town of Selma for a joint meeting to discuss the consolidation of certain services between the two Towns. Mr. Sabiston explained that the Council committee held a meeting and it was determined that they would like to discuss with the Town of Selma the possibility of consolidating some services, primarily Fire Department services at this Councilman Scott stated that there are al lot of questions unanswered. Councilman Harris responded that the Town of Smithfield needed to know if the Town of Selma was even interested in pursuing a joint venture. Mr. Harris further stated that these would be very preliminary talks if a meeting with Selma Fire Chief Patrick Harris expressed his concerns to the Council in regards to consolidating fire protection Itwas the consensus of the Council to contact the Town of Selma to schedule aj joint meeting.  time.  occurred.  services with the Town of Selma.  113    5. - Discussion regardingrenovations to the Finance Department  Town Manager Paul Sabiston addressed the Council on proposed renovations and upgrades to the Finance Department. Mayor Lampe explained that this is a project that he would like completed because the Finance Department's esthetic condition is poor and antiquated. Mr. Sabiston explained that Council budgeted $35,000 for carpet and general office equipment. The total cost for renovations, furniture and  equipment would be less than $60,000.  Mayor Pro-Tem Moore made a motion, seconded by Councilman Williams to approve the proposed renovations in the amount of $60,000 or less using budgeted funds of $35,000 and redirecting remaining needed funds from the utility capital outlay for the AMI project.  Unanimously approved.  Revenue  10-3980-1850 Transfer from' Water/Sewer Fund Expenditure 10-4200-7400 Finance Capital Outlay  $  - 25.000 25.000  $ 25.000 $ 60,000  $ 35,000  To partially fund renovations in the finance department.  Expenditure Fund  30-7220-7400 Wtr Distribution/Sewer: Collection Capital Outlay $ 941,739  $ (25,000) 25,000 $  $ 916,739 25,000 941,739  30-7220-9103 Transfer to General  941.739  To partially fund renovations in the finance department with unused AMI funds.  6. Budget Discussion  a. Parks and Recreation  Thet following items were discussed:  Adding Community Park to the landscaping contract.  Staff was directed to try to reduce the budget by $100,000 without cutting service Amending the fees for residents and nonresidents. Resident fees should be % the cost of  nonresidents  b. 5RAC  Thei following items were discussed  Councilman. Ashley suggested that funds that are not utilized in at fiscal year int the maintenance and repair linei item be allowed to be carried forward to the next year.  Itwast the consensus of Council that the next budget meeting be held on April21"at6:30.  Adjourn  There being no further business, Mayor Pro-Tem Moore made a motion, seconded Councilman Harris, to adjourn.  Unanimously approved.  114    The meeting adjourned ata approximately 9:15 pm.  John H. Lampe II, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  115    116    TOWN OF SMITHFIELD Town Council Action Form  Applicant: Madison Stewart is petitioning the Town for a special event as part  of her senior project concerning a fund raising for MS.  Date of Meeting: April 7, 2015 Staff Work By: Paul Embler Presentation Description:  Date Prepared: March 27, 2015 Presentation By: Paul Embler  The petitioner is requesting approval of a special event to be held at the Amphitheater in the Town Commons. The event is a fund raiser for MS which is being planned and organized as part of a senior project by Madison Stewart a senior at the Early College Program at Johnston Community College. The fund raising event will be held on April 18, 2015 starting at 10 am and be completed by 1:00 pm that same day. The event, a band concert will be held at the Amphitheater in the Town Commons. Setup for the event will begin at 9:00 am and clean-up will be completed by 1:30 pm. The SSS band will be playing, pre-packaged foods and drinks will be sold as well as the sale of tee-shirts, bracelets, etc. All proceeds will go to the fight against MS. There will be no need  forp police security for the event. Action Requested:  The Town Council is asked to take this request under consideration and take action as to approval or denial of the events and the street closings.  117    118    Town of Smithfield's Planning Department  P.O. Box 761 or 350 East Market Street Smithfield, NC 27577 Effective: January 2008  NORTH CAROLINA  Temporary Use Permit Application  Completed applications should be submitted to the Town of Smithfield's Planning Department at least four weeks prior to the event. All applicants should read the following pages before completing all sections required. Incomplete applications may increase the permit processing time. Ifa person other than the property owner signs this application, a notarized written authorization  from the property owner must be attached.  As site plan/diagram of event property MUST BE ATTACHED (see attachments)  TYPE OF EVENT Expansion or replacement ofe existing facilities Sale of agricultural products grown off-site Sale of fireworks Special event, over 100 people in attendance Athletic event on streets, greenways Other (please describe).  PERMIT FEE $50.  Construction Trailer Real estate sales office or model home Sale ofr non-agricultural products, except fireworks Not-for-profit event, over 100 people in attendance Town recognized event Live Band/ /Concert  SenioeP&oyect DN MS Event Applicant nameMKDIGN SEWKRT Day phone 44.5385378 Event set-up/start timeldate 9m Sound amplification hours IOmM-1pa  TOwNC COMMANE Amyihak) Location of Event (exact street address) E-mail address Mste 132.80jesn.68  Name of Event  Address 512 ReAILCavsin Ra,loS,NG  Zip 21571  Mobile phone, 538. 537% Will food or goods be sold? Mes  Event clean-uplend date/time 130p 4ha  Security provided by Smithfield Police or private security (describe duties): No  Private agency name & phone, if applicable: Non&  Will any Town property be used (ie., streets, parks, greenways)? Nes, Ampiltakek  Do you wish to: Restrict animals at this event? (circle es No)  Prohibit Fireworks? (circle es) No)  Ihereby certify that the information contained in this application is true to the best of my knowledge and! further certify that this event will be conducted per all applicable local laws. Ic certify that 1h have received the attached information concerning the regulations for  Temporary Uses. Icertify that Ihave notified all adjoining property owners oft the planned temporary use.  MADISDN STGMARI Applicant's name (print) Method of payment:. Cash Reviewing Planner: (Note: See attached letter)  1Madiser Stuat  327115 Date  Signature  PLEASE. RETURN THIS PERMIT TO. INSPECTIONS AND! PERMIT DEPARTMENT WITH $50.00 FEE.  Check  Credit card  Amount $  HTE. Date:  119    120    Town of Smithfield Town Council Action Form  Item: Surplus Vehicle and Equipment Date of Meeting: April 7, 2015 Presentation: Consent Agenda  Date Prepared: March 27, 2015  Presentation:  The General Government, Finance, Police and Electric Departments are requesting to have various items labeled as "surplus equipment" SO the property can be disposed of and/or sold, thus removing them from the Town's inventory. Attached hereto is Resolution #556 (05- 2015)which authorizes the disposal of surplus property by a public electronic auction system  provided by GovDeals INC. after the required legal notice.  Action Requested:  Iti is requested that the listed vehicle and equipment be declared as surplus property and authorize staff to sell such items by electronic public auction utilizing www.GoyDeals.com auction services after the. required advertisement. Additionally, it is requested that the  Resolution #556 (05-2015) be approved.  121    122    TOWN OF SMITHFIELD RESOLUTION #556 (05-2015) AUTHORIZING THE SALE OF CERTAIN PERSONAL PROPERTY AT PUBLIC AUCTION  WHEREAS, the Town Council of the Town of Smithfield desires to dispose of certain surplus property of the Town in accordance with NC - GS160A-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: Vin/Ser.#  Description  1GNDT13572295608 CZK05215 JVK18149 GPR-23 GPR-23 GPR-23 GPR-23 GPR-16 GPR-20 GPR- 20 GPR-36 GPR-36 GPR- -36 2500046 22886187 6A45250724 1749647 MV96E02580 YBE0643124590  2002 Chevy Blazer  Canon Copier Model Number34801 Finisher for Canon Copier 1water bottle attachment- = Canon Copier 2 boxes of staples - Canon Copier 3) Canon Toners Black 3) Canon Toners - Magenta 3) Canon Toners Yellow 2) Canon Toners - Blue 3) Canon Toners - Black 1)Canon Toner Yellow 3) Canon Toners Black 1)Canon Toner Blue 1)Canon Toner-) Yellow 1) Canon Toner Magenta  Radio - MIA-Com PRS INC Model # D28LPX Philips Magnavox TV w! remote Model Panasonic Microwave Model #NN-3935BP Dukane Projector Model # 28A663 w! stand Emerson VCR w! remote -Model # EV598 Spectroniq DVD w/remote Model #PD1100  #19PR19C125  123    2. The Town Manager or his designee is authorized to receive, on behalf of the Town Council, bids via public electronic auction for the purchase of  the described property.  3. The public electronic auction will be held beginning no earlier than April 4. The Town Council further authorizes the disposal of Town surplus property by use of a public electronic auction system provided by GovDeals Inc. The property for sale can be viewed at www.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 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 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  18,2015.  they will be subject to resale.  5.  website  www.smtmeld-no.com  6.  The highest bid, ifit complies with the terms of the sale, may be accepted by the Finance Director or his designee and the sale consummated.  Adopted this 7"h day of April 2015.  John H. Lampe II, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  124      125    JEC  E                    DUKANE Models 6S3  8G        Town of Smithfield Town Council Action Form  Item: Resolution Opposing HB 51 Relating to ETJ Date of Meeting: March 31, 2015 Staff Work By: Town Manager/Clerk  Date Prepared: March31, ,2015 Presentation: Business Items  Background: The attached documents were provided to the NC League of Municipalities relating to a recent NC House Bill seeking to eliminate and/or reduce the extra Territorial Jurisdictions presently existingi in NC. Similar bills ini the past have sought to eliminate the ETJs entirely, or toreduce such areas, and/or to grant voting rights to non-incorporated residents in municipal elections. All of these approaches will eliminate control oft the border area zoning classifications: surrounding towns or, ifnon-incorporated citizens are allowed to vote in municipal elections, will allow no-tax paying residents toi influence municipal matters. The ETJs in North Carolina have been a cornerstone of the state's planning and zoning laws and Action Requested: Approve the Resolution #557 relating to the opposition of HB! 511  have worked extremely well for the last 60 years. considering the elimination of ETJs in North Carolina.  133    134    RESOLUTION #557 (06-2015) IN OPPOSITION OF HOUSE BILL51 JUSTICE FOR RURAL CITIZENS ACT  WHEREAS, states have recognized municipalities' need toi regulate their extraterritorial areas to protect public health and safety since the 1800s and a form of extraterritorial jurisdiction WHEREAS, the U.S. Supreme Court has upheld the right of municipalities to exercise WHEREAS, extraterritorial jurisdiction rights are necessary to ensure that development at the edge of cities is compatible with development within cities is orderly, and promotes health and WHEREAS; extraterritorial. jurisdiction eases the way for development on property that crosses WHEREAS, extraterritorial jurisdiction helps us as local elected officials to make sure our residents' property values and enjoyment of their property is maintained. Even though we're small, it is our responsibility as local elected officials to keep the peace when people live close WHEREAS, extraterritorial jurisdiction protects the quality oflife for the municipality; NOW, THEREFORE, BE IT RESOLVED that the Town of Smithfield adopts this resolution FURTHER BE IT RESOLVED that copies of this resolution is transmitted to the members of the General Assembly representing the Town of Smithfield to let them know ofo our opposition to  authority has existed inl North Carolina since 1949;  extraterritorial, jurisdiction authority;  safety;  municipal borders;  together;  inc opposition of House Bill 51,Justice for Rural Citizens Act;  this issue.  Adopted this the 7h day of April, 2015.  John H. Lampe II, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  135    136    Town of Smithfield Town Council Action Form  Item: Municipal Records Retention and Disposition Schedule  Date of Meeting: April 7, 2015 Staff Work By: Shannan Williams  Date Prepared: March 25, 2015 Presentation: Consent Agenda  Presentation:  In. January 2013, the Town of Smithfield adopted, by Resolution, the Municipal Records Retention and Disposition Schedule. Recently, the North Carolina Department of Attached for your review and consideration are the amendments to the Municipal  Cultural Resources amended several items on the schedule.  Records Retention and Disposition Schedule  Action Requested:  Approve Resolution # 558 (07-2015) accepting the amendments to the Municipal Records Retention and Disposition Schedule dated January 5, 2015.  137    138    TOWN OF SMITHFIELD RESOLUTION NO. 558 (07-2015) AMENDED JANUARY 5, 2015  ACCEPTING THE AMENDMENTS TO THE MUNICIPAL RECORDS  RETENTION AND DISPOSITION SCHEDULE  WHEREAS, The Municipal Records Retention and Disposition Schedule is endorsed by the Division of Archives and History and the Department of Cultural Resources; and WHEREAS, The Town of Smithfield currently uses this system for record retention and WHEREAS, The Municipal Records Retention and Disposition Schedule was published on WHEREAS, the Town of Smithfield adopted the Municipal Records Retention and Disposition WHEREAS, The Town of Smithfield recognizes the amendments to the Municipal Records NOW, THEREFORE, BE IT RESOLVED THAT THE SMITHFIELD TOWN COUNCIL accepts the Municipal Records Retention and Disposition Schedule Amendment issued by the North Carolina Department of Cultural Resources, Division of Archives and History, Archives and Records Section, Records Services Branch, dated January 5, 2015. Attached hereto are the  disposal; and  September 10, 2012; and  Schedule on January 3, 2013; and  Retention and Disposition Schedule dated January 5, 2015  amendments and they are as follows:  STANDARD 9. LAW ENFORCEMENT RECORDS  Amending item 136, Law Enforcement Audio and Video Recordings, as  shown on substitute page 90.  STANDARD 12. PERSONNEL RECORDS  Amending item 19 Employee Eligibility Records as shown on substitute  page 105.  Adopted this the 7th day of October 2015.  John H. Lampe II, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  139    Municipal  Records Retention Schedule Amendment  Amending the Municipal Records Retention and Disposition Schedule published September10,2012.  STANDARD 9. LAWI ENFORCEMENT RECORDS  Adding Item 136, Law Enforcement Audio and' Video Recordings, as shown on substitute page 90.  STANDARD 12. PERSONNEL RECORDS  Amending Item 19, Employee Eligibility Records, as shown on substitute page 105.  APPROVAL RECOMMENDED  City/Town Clerk  Marche Kosnis Sarah E. Koonts, Director Division ofArchives and Records  Chief Administrative Officer/ City Manager  APPROVED  Mayor  Susan' W. Kluttz, Secretary buag Department of Cultural Resources  January5,2015  140    Proposed Changes  d0  141    Current Policy  142    Proposed Changes  8  N  143    Current Policy  a  H  a  144    Town of Smithfield Town Council Action Form  Business Item: Budget Advisement for reallocation of budgeted capital items for three items for the Water Plant Department using savings realized. No additional dollars are requested. The three items are as follows: as follows: 1) to expend $49,965 with the Perkinson Company for design, purchase and installation of Loss of Head (LOH) and Rate of Flow/ROF) Water Filter controllers as recommended by the NCDENR; 2) to expend $17,280 with R.D. Braswell ofs Smithfield, NC for the erection oft the new bulk storage tank that can be used to store either Alum or Ferric sulfate; and 3) To expend $4,001 with The Department has realized a savings of: 1) $49,342 in purchase of a mixer for the Jones Brothers Water tank; 2) deferral of expenditure of the $20,000 for replacement of the basin valves until the longer plant shutdown next FY as part of the sandblasting, priming and painting the inside of the 1 MG Clearwell; and 3) deferral of the expenditure of $15,000 to repair the flocculator paddles, again until the  Southern Corrosion for inspection and cleaning of the Town's1 MG Clearwell.  longer plant shutdown next FY. Date of Meeting: April7,2015 StaffWork! by: Ken Griffin, PE, PhD  Date prepared: March 25, 2015  Presentation: Ken Griffin, Director of Public Utilities  Item: Budget Advisement for reallocation of budgeted capital items for three items for the Water Plant Department using savings realized. No additional dollars are requested. The three items are as follows: asf follows: 1) to expend $49,965 with the Perkinson Company for design, purchase and installation of Loss of Head (LOH) and Rate of Flow(ROF) Water Filter controllers. The NC DENR recommends this upgrade in control of our plant as part of their recent inspections of our Water Plant; 2) to expend $17,280 with R.D. Braswell of Smithfield, NC for the erection of the new bulk storage tank that can be used to store either Alum or Ferric sulfate; and 3) To expend $4,001 with Southern Corrosion for The Department has realized a savings of: 1) $49,342 in purchase of a mixer for the Jones Brothers Water tank; 2) deferral of expenditure of the $20,000 for replacement of the basin valves until the longer plant shutdown next FY as part of the sandblasting, priming and painting the inside of the 1 MG Clearwell and 3) deferral of the expenditure of $15,000 to repair the flocculator paddles, again until the  inspectionand cleaning of the Town's1 MG Clearwell.  longer plant shutdown next FY. Action Requested  Approve the above Budget Advisement request  145    146    Town of Smithfield Town Council Action Form  Business Item: Budget Advisement for reallocation of a portion of the FY 14-15 AMI/Smart Grid budgeted capital item from the Water & Sewer Fund for removal ofsand and sediment and repair ofthe inflow/outflow piping in the Water Plant Raw Water Intake Pond. The estimated cost to remove sand and sediment and repair the inflow/outflow piping in the Raw Water Intake Pond is $330,000. The adopted FY 14-15 Budget allocated $150,000 for this remedial work. At total of $223,950 remains in the AMI/Smart Grid Project linei item. This Budget Advisement seeks to allocate $180,000 of these dollars to  complete remediation of the Raw' Water Intake Pond.  Date of Meeting: April7,2015 Staff Work by: Ken Griffin, PE, PhD  Date prepared: March 26, 2015  Presentation: Ken Griffin, Director of Public Utilities  Item:  The Public utilities Department requests approval of a Budget Advisement for reallocation ofa a portion of the FY 14-15 AMI/Smart Grid budgeted capital item from the Water & Sewer Fund for removal of sand and sediment and repair of the inflow/outflow piping in the Water Plant Raw' Water Intake Pond. The estimated cost to remove sand and sediment and repair the inflow/outflow piping in the Raw' Water Intake Pond is $330,000, which covers dredging of the estimated 530,000 cubic feet of sand and sediment by Jonathan Yopp and repair of the piping by R.D. Braswell of Smithfield, NC. The Departments has preliminarily arranged for trucking and use of the dredged material by a local contractor as part of the State Highway 210 Bridge Replacement Project. Ifsuccessful, this reduces the cost of the remediation project significantly; but the estimated 530,000 cubic feet of sand and sediment isav very large quantity that accumulated over more than 40 of operation of a raw water intake on the sediment-laden Neuse River. The adopted FY 14-15 Budget allocated $150,000 for this remedial work. Atotal of $223,950 remains in the AMI/Smart Grid Project line item. The Department seeks to allocate  $180,000 of these dollars to complete remediation of the Raw' Water Intake Pond.  Action Requested  Approve the above Budget Advisement request.  147    148    Town of Smithfield Town Council Action Form  Item: Board Appointments Date of Meeting: April 7, 2015 Staff Work By: Shannan Williams  Date Prepared: March 19, 2015 Presentation: Consent Agenda  Presentation:  Current Board vacancies are as follows:  Appearance Commission - 5 positions Historic Properties - 5 positions  Parks and Recreation Advisory Commission - 1 position Planning Board -1 ETJ Alternate Member - 1 position  Board Appointment Considerations:  1. Sheila Bryant has submitted an application for consideration to be appointed to a first term on the Historic Properties Commission. 2. Gary Stewart has submitted an application for consideration to be appointed to a first term on the Appearance Commission.  There have been no other inquiries at this time.  149    150    SMITHEIED NORITI CAROIINA Town of Smithfield Board, Commission, or Committee Application  Name:  Bruant (Last)  Sheila  A.  Home Address:. 3A white Dak S. Smi-tfield NC 7577 Business Name & Address: Dent. DE Socal Services Dlo Northn ST.  Telephone Numbers:  (eme) wDrL  (Mebile) Ceur  (Email)  Please check the Board(s) that you wish to serve on:  a a a  a  Appearance Commission Board of Adjustment In' Town Resident Board of Adjustment ETJ Member Historic Properties Commission Library Board of Directors  D D a D  Parks/Recreation, Advisory Commission Planning Board In-Town Resident Planning Board ETJ Resident  Other:  Interests & Skills: Helped renfrvate @nd rstpre thne bistoric  popects i he Vork Chester Mehlrrhond, CrostniA K Memher DE Resiabats DE DLd wilmad bn E HsbALSoci  Circle highest level ofe education completed: (High School) 10 11 12 GED College 1 2 se Recent, Job Experiences: T am a Child Proterhw Socnl worker  At  phnsn Lomnt4 DSS  Clvicor Service grganization Experience: Church Circle LiHo Theatre DW) Residents DE DId Wmingtsh - Membef  Town Boards previously served on and year(s) served: N/A  Please list any other Boargs/Commissions/Commites on which you currently serve: DMMEHPP Member In Tasin (D  womens Lommission Qnd Doontown Revtalzahnn  151    Why are! youi interested in serving on this Board/Commission/Committee?  Lived in Hishric D15trict DE PrestoniA d Wmingion LDVR Hisibric Homes & Popertos And pre servAhon   Affirmation of Ellglbllity: jurisdiction?  Has any formal charge of professional misconduct, criminal misdemeanor or felony ever been filed against you in any  oYes Nolfyes, please explain disposition:  Is there any conflict of interest or other matter that would create problems or prevent you from fairly and impartially discharging your duties as an appointee of the Smithfield' Town Council? a Yes FNo Ifyes, please explain:.  lunderstand this application is public record andlcertify that thei facts contained in this application are true and correct to the best of myl 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/Commission/Commitee. I understand regular attendance to any Council BoaraCommisenCommnitse is important and, accordingly, Ifurther understand that if my attendance is less than the standards established for any such body that this is cause for removal, Lacking any written standards for attendance by any BoaaComnisonCommte. itis expected that I will attend at least 75% of all meetings during any one calendar year to maintain my seat on any oaaCommiaonCommite. to whichln may be appointed. This form will remain on file in the Office of the City Clerk and requests for updates will be sought prior to any consideration for reappointment (or future appointment) to any Board/Commission/Committee. Further, I have received a copy of the Policy adopted 03-04-2008 and understand its  contents. Printed' Name: Signature:  Sheila Bryont Shuba buyat  Date: 2128/15  Return completed forto: Shannan' Williams Town Clerk P.O. Box 761 Smithfield, North Carolina 27577  Phone: (919)934-2116 Fax: (919)989-8937 E-Mail: shannan.wilams@smitbfeld-ne.com  Applicants are required to be ai resident of the Town of Smithfield for In-Town posltions  and within the' Town's ETJf for ETJ positions  152    SMITHEED  NORTH CAROLINA Town of Smithfield Board, Commission, or Committee Application  Name:  Stewart_  Gary_  (Last)  Home Address: Business Name & Address: Telephone Numbers:  - 520S.5 E2  SMITAFeLIO a7s9  (Home)  (Mobile)  (Emall)  Please check the Board(s) that youv wish tos serve on:  Appearance Commission Board of Adjustment In Town Resident Board of Adjustment ETJI Member Historic Properties Commisslon Library Board of Directors  Parks/Recreation. Advisory Commission Planning Boàrd In-Town Resident Planning Board ETJI Resident  D a a  Other:  Interests & Skills: WALKINg, GOLF. New) KOME SALeS, RETALL  CORRECL/OPS  Circle highest level of education completed: (High Schoo!) 10 11 12 GED College 12 3@56  Recent Job Experiences: NC CORRECTIONAL OFFicer ALSO operAte  TAX - PrepArTiD servic &  Civic or Serviçe Organization Experience: Homekess HVISTries aT WODSTREAM Church TM LANSDM. ALSD Servess OA sher GOAIN  Town Boards previously served on and year(s) served: NIA  Please list any other Boarda/Commissions/Committees on which you currently serve: NIA  153    Why are youi interestedi ins serving ont this BomacpmmimpnCommtw? I WAT TD help  Euprove APPeATANE e OF The TDW,  Affirmation of Eligibility: jurisdiction?  Has any formal charge of professional misconduct, criminal misdemeanor or felony ever been filed against you in any  DYes aNolfyes, please explain disposition:  Is there any conflict of interest or other matter that would create problems or preyent you from fairly and impartially discharging your duties as an appointee oft the Smithfield Town Council? a Yes wNo Ifyes, please explain:  lunderstand this application is pubilc record and Id certify that the facts contained in this application are true and correct to the best of my knowledge. authorize and consent to background checks and to the Investigation and verification of all statements contained herein as deemed appropriate and If necessary: 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/Commission/Commitee. I understand regular attendance to any Council Board/Commission/Committee is important and, accordingly, Ifurther understend that if my atténdance is less than the standards established for any such body that this is cause for removal. Lacking any written standards for attendance by any oaCommissnCommi, itis expected that Iwil attend at least 75% of all meetings during any one calendar year to malntain my seat on any oarucommiyenComne 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 oaruCoammsaocmase Further, Fhave received a copy of the Policy adopted 03-04-2008 and understand Its  contents.  Printed Name:, GArY A STEWArT Signature: Hry A Kteugs  Date: 3-6-zo  Retum completed for to: Shannan' Williams Town Clerk P.O. Box 761 Smithfield, North Carolina 27577  Phone: (919)934-2116 Fax: 019)989-8937 E-Mail:  Applicants are required to be a resident of the' Town of Smithfield for In-Town positions  and within the' Town's ETJfor ETJ positions  154    Town of Smithfield Town Council Action Form  Item: Approval of Contract for Interim Public Utilities Director Pete Connet  Date of Meeting: April 7, 2015 Staff Work By: Paul Sabiston  Date Prepared: March 30, 2015 Presentation: Consent Agenda  Background:  As you are aware, Ken Griffin, the Public Utilities Director, resigned from his position with the Town. Staff is requesting that the Council approve a contract with Pete Connet tos serve as the Interim Public Utilities Director as needed until a replacement is hired.  Action Requested:  Approve the contract for Interim Public Utilities Director Pete Connet.  155    156    JOHNSTON COUNTY NORTH CAROLINA  AGREEMENT FOR EMPLOYMENT AS INTERIM UTILITIES DIRECTOR THIS AGREEMENT for Employment as Interim Utilities Director @eeinfer"Agwmamr)is: between the Town of Smithfield, North Carolina (hereinafter "Town"), by and through the City Manager of Smithfield (hereinafter "Manager") and Peter T. Connet, (hereinafter "Utilities Director"), to establish and set forth the terms and conditions of the employment of the Utilities  made and entered into effective as of this the 30 day of Man-h  2015 by and  Director ast thel Interim Utilities Director oft the Town.  WITNESSETH:  WHEREAS, the Manager and Utilities Director believe it is important to thoughtfully consider guidelines that will be consistent with both the letter and the spirit of State law, and to the extent applicable, the Town's charter and personnel policies, that will uphold the principle of"serving at the pleasure of the "Manager" that will clearly define and incorporate the benefits to the community and organization, and that will address the protection oft the Utilities Director through provisions that are reasonable in nature and scope when compared to professional practices and local/regional market conditions and appropriately funded within the' Town's budget; WHEREAS, the Town desires to employ the services of the Utilities Director as the Interim Utilities Director of the Town, pursuant to the terms, conditions and provisions of this WHEREAS, the Utilities Director has agreed to accept employment as the Interim Utilities Director of the Town, subject to and on the terms, conditions, and provisions agreed to and set NOW, THEREFORE, in consideration of the Utilities Director accepting employment with the Town, and other good and valuable consideration, including the mutual covenants herein contained, the receipt and legal sufficiency of which are hereby acknowledged, the Town and the  Agreement;  forth in this Agreement;  Utilities Director hereby contract, covenant, and agree as follows:  Section 1. Duties.  The Manager hereby employs the Utilities Director as Interim Utilities Director to perform the duties and functions as specified in the Town Charter, the Laws of the State ofNorth Carolina, this Agreement, and as the Manager shall, from time to time, assign to the Utilities Director The Utilities Director shall report for work and the duties as well as employment of the Utilities Director shall commence on November 13,2013 (the "Commencement Date"). The Utilities Director shall assist any subsequently hired Utilities Director in his/her transition for  consistent with the intent ofthis Agreement.  ar reasonable amount oftime, as may be required by Manager.  157    Section 2. Term.  Subject to earlier termination as provided for in Section 8, Subsection D hereof, the term oft this Agreement shall continue, and Utilities Director shall serve as Interim Utilities Director, until a permanent Utilities Director commences work, but in no event later than February 28, 2014.  Section 3. Salary.  Town agrees to pay the Utilities Director forty-five dollars ($45.00) per hour, payable in weekly  pay periods orat the same time as other employees ofthe' Town are paid.  Section 4. Automobile, Lodging, Meals, and Cell! Phone.  The Town will reimburse the Utilities Director for miles traveled outside Johnston County on Town business at the IRS allowable rate per mile from the Town of Smithfield. The Utilities Director will be reimbursed for any necessary and reasonable lodging, meal expenses, and The Utilities Director will provide his owh vehicle while conducting Town business in the Town and within Johnston County. Unless otherwise specifically provided for herein, auto expenses and the use ofpersonal cell phone are included int the Utilities Director's hourly rate. Utilities Director will be reimbursed at thel IRS allowable rate per mile for the use oft his personal vehicle on Town  incidentals that are related tol his employment hereunder.  business outside of Johnston County from the' Town of Smithfield.  Section 5. Benefits.  Itis mutually agreed that the Utilities Director is not entitled to any Town employee benefits  except those mentioned herein.  Town Paid Holidays which fall on his work day  Section 6. Indemnification.  To the fullest extent permitted by law and except as specifically limited by Town Ordinances, the Town shall defend, save harmless and indemnify the Utilities Director against any tort, professional liability claim or demand or other legai action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Utilities Director's duties, and shall obtain and keep in full force and effect liability insurance, or risk pool coverage, including Public Officials coverage on a "wrongful act" basis, in sufficient amounts to assure accomplishment of such hold harmless and indemnification; provided that this section shall not be construed as creating any right, cause of action, or claim of waiver or estoppels for or on behalf of any third party, nor shall it be construed as a waiver or modification of the availability of the defense of governmental immunity or any other legal defense available to either the Town or the Utilities Director as to any third party; and provided further that the Town shall not indemnify or hold harmless the Utilities Director from and with respect to any claim or liability for which the conduct of the Utilities Director is found by the courts to have been outside the course and scope of employment or his official capacity as Interim Utilities Director, grossly negligent ori intentionally wrongful. The' Town may compromise and settle any such claim or suit, and will pay the amount of any settlement reached orj judgment rendered on such claim or suit, for which the Town has a duty to defend, save harmless and indemnify the Utilities Director hereunder as hereinbefore more specifically provided. This indemnification shall extend beyond and survivet the termination of employment and the expiration oft this Agreement.  158    Section 7.1 Hours ofWork and Time Off.  Itisr recognized that the Utilities Director will work a cumulative total of noi more than three (3.5) days per week, with one day equal to eight (8)hours ending at 5:00 pm and normally beginning at 8:00 am with one hour excluded for lunch. The Utilities Director may work in half-day increments. Based upon need and necessity, the Utilities Director will work additional hours per week. It is anticipated that the Utilities Director will normally begin his work week at or before noon on Mondays and end his work week at 5:00 pm on Thursdays, but the parties may adjust that schedule sO that hei may be available and working on days, or parts thereof, on which Council has scheduled a meeting of Council. Utilities Director shall be paid at his regular pay for attending Council meetings and other required meetings, not held during his regular work day. The Utilities Director agrees to be available by telephone for consultation and advice on days that he is not physically working in the Town. The Utilities Director also agrees to respond to the Town for emergency situations. For limited consultation of 15 or 20 minutes there shall be no charge for consultation and advice on days he is not working in the Town. For more complex consultation and advice, Utilities Director shall be paid at his regular pay scale. The Utilities Director retains the right to determine whether a matter isl billable as more complex consultation  and advice. A.  Section 8. General Provisions.  Governing Law.' This Agreement shall be construed in accordance with, and governed by, the laws oft the State of North Carolina. Venue shall lie exclusively in Johnston County, Entire Agreement. This Agreement incorporates all the agreements, covenants and understandings between the' Town and the Utilities Director concerning the subject matter hereof, and all such covenants, agreements and understandings have been merged into this written Agreement, No other prior agreements or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in Amendment, This Agreement shall not be modified or amended except by a vote of the Council and, upon approval of the Council, a written instrument executed by the Utilities espnatonlcmnation. Notwithstanding anything herein to the contrary, the Utilities Director serves at the pleasure oft the Manager and this Agreemént may be terminated and canceled by Manager, with or without cause, at any time and without recourse from the Utilities Director. This Agreement shall be null and void upon receipt ofa written notice from either the Manager or the Utilities Director requesting termination of the  North Carolina.  B.  this Agreement.  C.  Director and the City Manager  D.  Agreement.  (Signatures onj followingpage)  159    IN WITNESS WHEREOF, the Town and the Utilities Director have executed this Agreement  effective as oft the date first written above.  PRE-AUDIT CERTIFICATE  This Agreement has been pre-audited pursuant to North Carolina General Statute S 159-  28 in the manner required by the Local Governmental. Budget and Fiscal Control Act.  THE TOWN OF SMITHFIELD  Chief Financial Officer  TOWN OF SMITHFIELD, NORTH CAROLINA  BlAs  City Manager ATTEST:  City Clerk  (Town Seal)  AGREED. AND ACCEPTED this the 27 aye of moreh ,2015  Peter T. Connet, Interim Utilities Director ACE  160    Town of Smithfield Town Council Action Form  Consent Item: North Carolina Eastern Municipal Power Agency  (NCEMPA) Board of Commissioners Appointment  Date of Meeting: April 17, 2015  Date Prepared: March 27, 2015  Consent Agenda Item:  The Town of Smithfield is allowed to appoint one Commissioner and up to two Alternate Commissioners to the NCEMPA. Town Manager, Paul Sabiston, is currently serving as the NCEMPA Commissioner representing the Town of Smithfield. The First Alternate Commissioner position was previously held by  Public Utilities Director, Ken Griffin.  Action Requested  Staff is requesting that the Council consider appointing Interim Public Utilities Director, Pete Connet, as the First Alternate Commissioner to the NCEMPA  Board of Commissioners.  161    1501.56 Smithfield  OATH  ,  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 Iwill faithfully and impartially execute and discharge the duties of my office as first altemate commissioner of North Carolina Eastem Municipal Power Agency, and that I will adhere to and abide by the ElectriCities' Ethiçal and Professional Code of  Conduct, so helpt me God.  First Alternate Commissioner  Swom to and: subscribed before me,  this  day of  2013.  Notary Public MyCommission Expires: (NOTARY SEALHERE)  162    Town of Smithfield Town Council Information Form  Item: Date of Meeting: Staff Work By: Background  Filled Vacancies April07,2015 Tim Kerigan, HR Director  Date Prepared: March 30, 2015  Per Policy, upon thel hiring ofa 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 14-15 Budget.  Position PTI Pool Staff PTI Pool Staff PTI Instructor  Department P&R - Aquatics P&R - Aquatics P&R - Aquatics  Budget Line Rate ofP Pay 10-6220-0220 $8.00/hr 10-6220-0220 $7.50/hr. 10-6220-0230 $14.00/hr 30-7200-0200 $12.84/hr( ($26707.20/yr) 30-7200-0200 524039hr55000.1290, 10-5600-0200 S11.07hr(623,25.60y)  Water Plant Trainee PU-V Water Plant WP Superintendent PU-Water Plant Streets Maint. Worker PW-Streets  163    164    Business Items        Town of Smithfield Town Council Action Form  Item: Consideration of a Second Endowment fromJ.P.George  Date of Meeting: April7,2015 Staff Work By: Greg Siler, Finance Director  Datel Prepared: March 26, 2015 Presentation: Regular Agenda  Paul Sabiston, Town Manager  Background: James P. George requests to establish a second endowment of approximately $25,000 with the Town of Smithfield to support tree projects undertaken by the Town. The donation will be held in perpetuity as a permanent endowment with only the dividends or interest expended for projects. A draft agreement from Mr. George outlining the terms of the endowment is attached. If accepted, the monies will come to the town in the form of preferred stocks and/or bonds held by an investment broker of Mr. George's choice and will be maintained as such. Mr. George has stated that the dividend from the investment is approximately $1,500 per year as presently invested. The intent of Mr. George and staff is to allow these funds to remain in an interest bearing investment account for as long as possible as opposed to reinvesting in an account that returns a low interest rate. North Carolina restricts how towns may invest their cash funds to avoid risk. The result is typically a low return of interest. The LGC has indicated its approval of the Town investing these funds in their present account if this is the desire of Mr. George. However, if such account is converted to cash then Staffi is getting approval to add language to the agreement indicating that the $25,000 donation will remain in the present fund and give the Town flexibility to handle and invest funds in the future in similar investment vehicles. Staff believes this will be approved and authorized by the  the standard rule fori investments will apply.  LGC.  Action Requested: Accept the donation and direct staff as to how to proceed and authorize the Mayor to execute the Agreement with the above referenced appropriate language and as approved by the Town Attorney. Also approve Resolution #559 (09-2015).  165    166    Town of Smithfield, North Carolina  Resolution #! 559 (09-2015)  Approving an Endowment Agreement-J.P. George Tree Lined Street Fund WHEREAS, James P. George desires to establish a second endowment of approximately $25,000 WHEREAS, the donation will be held in perpetuity as a permanent endowment with only the WHEREAS, attached hereto is the agreement outlining thet terms oft the endowment. NOW, THEREFORE BE IT RESOLVED, by the Town of Smithfield's Town Council approves the endowment agreement with James P. George and accepts the donation subject to the terms of  entitled the. J.P. George Tree Lined Street Fund; and dividends or interest expended for project; and  the Agreement.  Adopted this the 7th day of April, 2015.  John H. Lampe II, Mayor  ATTEST:  Shannan L. Williams, Town Clerk  167    JAMESF.GEORGE ENDOWMENT AGREEMENT  April 15,2015  THIS ENDOWMENT AGREEMENT IS BETWEEN James P. George (Donor) and" The Town of Smithfield, North Carolina. The donor wishes to establish an endowment of approximately Twenty Five thousand dollars ($25,000.00) in value as of April 15,2015 as well as an agreement which the' Town of Smithfield shall administer. All persons and organizations making contributions to this endowment fund, and those WHO ADMINISTER it shall bel bound  by thet terms ofthis Agreement.  Terms ofAgreement:  1.1 NameofFund: The endowment fund hereby created shall bel known as the "J.P.George Tree Lined Street Fund" herein referred to as J.P. George Fund or as the FUND. 2. Investment and Expenditure of Principal and Earmings: Itis thei intent and purpose ofthe parties to this Agreement that the principal of approximately Twenty five thousand dollars ($25,000.00) as of April 15, 2015, and any following "subsequent additions" as such will be maintained in perpetuity as aj permanent endowment fund to support tree projects undertaken by and at the direction ofThe Town of Smithfield consistent with the provisions oft this Agreement. Only the Town' shall be responsible for the investment of the fund, security and the  disbursement of the earnings from the endowment.  3. Purpose and uses of the Fund: The Fund ist to be used to support tree projects undertaken by the Town of Smithfield to beautify neighborhood streets', Market Street, Brightl Leaf Boulevard and other through fares within the town's contiguous limits. Any Smithfield home owner or citizen who want trees on his/her street shall be given consideration (See Exhibit A). Any income that isi not spent by the end oft the fiscal year CAN be çarried over to the following fiscal year(s) for future projects. The term' "fiscal year" shall mean the' Town of Smithfield's fiscal year. This Fund is an' "ADDITION", not to supplant any other funds or Town expenditures for trees. This is not a tree removal fund. Thel Endowment! Fund principal will NOT be spent. 4. TypesofProiect: Thet typeofprojects on which the earned income may be expended in  this Agreement are as follows:  a. The planting of deciduous trees, evergreen trees, Italian Cypress trees, and (shrubs, flowers and mulch) around these tree plantings areas. CREPE! MYRTLES AREI NOTTOE BE PLANTED WITH THESEI FUNDS. The cost ofnon-Town labor, materials (fertilizer, stakes, wire, dirt), transportation: and other site preparation expenses (inçluding cutting down trees and grinding upi its stump for replacement onlyofmnother tree)" arej permissible. Ifat tree dies or is missing then it should be replaced within a couple ofy years with this fund'sincome.  Page 1of7  Initials  168    b. Any items NOT LISTED in section (a.)a are FORBIDDEN as qualified expense. C. These funds CANNOT be used for salaries or payoft town employees, which includes administrative, clerical, manual, supervision OR anyl legal expenses OR consultation fees. The Town of Smithfield will assume responsibility for future maintenance ofthe projects upon completion. This includes regular pruning, watering and other necessary actions to maintain the  trees in their original condition.  d.This Agreement MUST be posted ini its entirety (including exhibits) on the Town Web  site in the Appearance Commission section LEGALNOTICE),  5. Annual Report: Within thirty days (30) days from the end oft the' Town's fiscal year, the Public Works Director or Town Manager or his designate SHALL issue a detail annual summary oft thei income, projects, expenditures from the. J.P. George Fund for that fiscal yearj just ended. This annual report (See Exhibit B) shall also contain mandatoryphotos. This annual report iss a public document underN.C. General Statue 132-1 and shall be given to the' Town Manager, Mayor, Town Council and posted on the Town's Intemet Web sitei int the. Appearance Commission section. This report shall be archive in the Appearance section on the town web site. The. J.P. George Fund shall also bei included as a separate identity in the annual town financial statement ofthe' Town of SMITHFIELD, and a separate listing oft the FUND in the annual audit report. Copies of all reports shall be made available to the public upon request. 6. Amendments: This Agreement may be amended inj part ori int total with the agreement of the 7. Langnage: This Agreement will be printed and posted int the Town reports and on Town web 8. Smithfield Citizens: Any lawful resident of the Town of Smithfield shall have standing to enforce the compliance of the provisions ofthis Agreement and is entitled to reasonable legal feesi ifhe or she proves that monies from the. J.P. George Endowment Fund were spent contrary 9. Matching Funds: The' Town can use matching funds from other governmental funds, individuals and business community, etc. for more compressive tree projects. 10. Reimbursement: The Town shall reimburse the "J.P. George Endowment! Fund" for misappropriations or expenditures oft this Fund not approved in accordance with the provisions of  Town Council and the Donor.  sitei in ENGLISH only(Legal Notice).  to the terms of this Agreement.  this Agreement.  Page 2of7  Initials  169    11. Null and Void: Ifany part of this Agreement is found tol bei null and voidi by thej judicial system then the other sections shall remain legally binding upon the parties. 12. Documents: The documents that make up this Agreement consist ofthei following:  (a) The terms and conditions as contain herein above; (b) Exhibit A (Page 5) Request Form for Street Treel Planting  (c) Exhibit B (Page 6) The. Anmual Report and mandatory photos given to the Town Manager, Mayor, and Town Council and posted ont the' Town Web  site under the Appearance section,  INTESTIMONY WHERE OF, said party havel hereunto set! his hand and seal this day and  year.  By the First Party  -  James P. George (Donor)  And! By Parties oft the Second Part: John Lampe, Town Mayor Paul Sabistan, Town Manager  - I  Attested by:  (Seal)  Shannon' Williams, Town Clerk  Page 3 of7  Initials_  170    TOWNOF: SMITHFIELD'S TOWN COUNCIL  350 Market Street Smithfield, NC April7,2015  PHOTO  Page 4 of7  Initials_  171    Exhibit A  (Sample Format)  REQUEST FORM FOR NEIGHBORHOODTREBPLANTING  Iwould like to request that Block of  trees be planted in the  (PREFERENCE if any)  Street or Highway or Avemue etc. Iunderstand that this  Is just ai request and does not guarantee planting! This request isi to' be submitted before. June 30th  oft this year.  Name Home Address Date  Ican best be contacted at my home address OR  By telephone_ Email address_ Other  OR OR  Mail' To: Town of Smithfield 350 East Market St. P.O. Box 761 Smithfield, NC27577 Attn: Pubic Works Director Telephone: 919-934-2116 Fax: 919-934-1134  E-mai!: lenny bamch@amitaielecom  Page 5of7  Initials  172    Exhibit! B ANNUAL REPORT  The Annual report to the Mayor, Town Council and' Town Manager MUST contain the following information. The Endowment Balance; earned annual income; expenditures, projects, carry over income, and photos. This report will be posted ont the Town Website with PHOTOS.  Format Wording  Mayor and Town Council Town Manager Dear Councilmen,  This ANNUAL REPORT is to inform you of action by the' Town regarding the "J.P. George' Treel Lined Street Fund" for the fiscal year. July 1,2 to. June 30,2_  The Endowment Principal ending on. July1,2_ was $ The annual earned income for the year, through. June 30,2_ was $  plus carry  overi income: from the last fiscal year of$  for ai total available income ofs  There werei no projects/expenditures/disbursements during the year; therefore, the earned  income ofs_  will be carried over tot the following year for other projects.  (OR)  There were expenditures ($  for Cherry trees on College RD and  ($_  )forl Dogwood trees on BrightleafBlvd. Unspent income $  will be  carried over tot the following year for other projects.  This. Annual report will bej posted on the Town's Website with the enclosed  photos of completed projects. Ifyour need any more information please contact: me.  Sincerely, Public Works Director (919-934-2116) Enc: Photos  Page 6of7  Initials  173    North Carolina, Johnston County  I, the undersigned, a Notary Public, do hereby certify that Shannon Williams personally came before me this day and acknowledged that she is the' Town Clerk of the' Town of Smithfield, aNorth Carolina municipal corporation, and that by authority duly given and as an act of the corporation, the foregoing instrument was signed ini its name byi its' Town Manager,  sealed with its corporate seal and attested by her as its clerk. Witness my hand and official seal, the  day of  2015.  Notary Public  My Commission Expires  North Carolina, Johnston County  I,t the undersigned, aNotary Public, certify that James P.George, personally appeared before me  this day and acknowledged the execution ofthe forgoing instrument.  Witness my and and official seal this the  day of  2015.  Notary Public  MyCommission: Expires  Page7of7  Initials  174    February 25, 2015  There are three (3) reasons whyldidr not want toj plant Crepel Myrtlet trees utilizing these monies from this Fund. Second, The Appearance Commission has set y ai fund for individuals to çontribute toward planting only Third, The. Josephinel B. George Bemutification: Fund has (any type of) trees listed that can bej planted.  First, thet town (Public Works Director) has town funds to plant these trees.  Crepel Myrtles. (donate A TREc pAoject)  175    176    Town of Smithfield Town Council Action Form  Item: Resolution to Modify the Electric Fund Revenue Bond Rate and Payment with Southern  Bank  Date of Meeting: April7,2015 Staff Work By: Greg Siler, Finance Director  Date Prepared: March: 17, 2015 Presentation: Regular Agenda  Background: For a second time, Southern Bank has agreed to reduce the Town's rate of interest on the Electric Revenue Bond loan (from 3.25%1 to 2.89%). The original 20 year loan of $5M was taken out in August, 2007, at 4.03%, but was negotiated down to 3.25% in May, 2014. The negotiations saved the Town 239K or $18,395 per year over 13 years. The principal balance outstanding today is 3.668M with 13 remaining annual payments. Interest will continue to accrue at the current rate of 3.25% until April 8, 2015. After this date, the interest would accrue at the new rate of 2.89%. This fiscal year's principal and interest payment of $368,887 has already been paid, sO in order to avoid paying additional accrued interest (approximately $79,485 at closing which was not budgeted), the next scheduled payment on August 15, 2015, will remain at the current amortized payment of $350,491. Hence, no additional savings will be realized in FY16, but each year thereafter the reduce payment will be $343,054. Meaning, after FY16 the saving will be approximately $7,437 per year or approximately $89,244 (less closing cost) over the remaining 12 years. This is in addition to the 239k savings realized in the last  modification. Belowi is the loan history in chart form.  New Payment Effective Date N/A 8/15/2015 8/15/2016  Loan Date/ Mod. Date 8/15/2007 5/10/2014 4/8/2015  Loan/Prin. Amount $5,000,000 3,888,730 3,668,555  Interest Rate 4.03 3.25 2.89  Payment $368,886.76 350,491.03 343,053.98  177    This rate and payment modification will not amend the provision int the bond agreement to maintain 120% debt service coverage ratio that was noted int the Town's FY13 audit.  Attachments: 1) Resolution to Approve Modification  2) Modification Agreement  Action Requested: Approve as presented  178    Modification Agreement  THIS MODIFICATION AGREEMENT is dated as of April 8, 2015, and is by and among the' Town of Smithfield, North Carolina (the "Town"), Southern Bank and Trust Company (the "Bank"), and the North Carolina Local Government Commission (the "LGC"), a division of the Department of the North Carolina State  Treasurer.  The Modification Agreement modifies and amends a $5,000,000 Electric System Revenue Bond, Series 2007 (the "Bond"), which the Town issued to the Bank. The Town and the Bank now desire to modify the Bond to reduce the interest rate. The LGC joins in this Agreement to evidence its approval oft the modification effected by this Agreement. This is a second modification by which the parties are reducing the interest rate. The first reduction was made pursuant to a Modification Agreement dated as of May 10,  2014 (the "2014. Agreement").  Now,for and in consideration of the premises, the parties agree as follows:  1.  Notwithstanding any contrary provision in the 2014 Agreement, in the  Bond, or in the Town's resolution of August 15, 2007, providing for the issuance of the Bond (the "Series Resolution"), the Bond will bear interest from and after April 8, 2015,  at an annual rate of2.89% until paid.  2. (a) On August 15, 2015, the Town will make a regularly-scheduled payment on the Bond of $350,491.03. The Bank will apply this payment (i) first to interest accrued on the Bond through April 7, 2015, at the original annual rate of3.25%, (iii) then to interest accrued from April 8, 2015, to the payment date at the new annual  rate of2.89%, and (iii) then to principal ofthe Bond.  (b) Promptly after the August 15 payment, the Bank will prepare a new schedule of the remaining annual payments on the Bond. Payments will continue to be due annually on August 15 through and including August 15, 2027. The outstanding balance will be amortized for those remaining 12 payments on a level-payments basis. The Bank will provide the schedule to the Town and the LGC, and the parties agree to work together to resolve any dispute as to whether the new schedule properly reflects the  principles set out in this paragraph.  3. The Town and the Bank waive any other provisions of the 2014 Agreement, the Series Resolution, and the Bond Order pursuant to which the Bond is  179    issued or any other agreement between them requiring additional formalities, requirements or procedures for the modification carried out by this Agreement. This waiver extends only to the modification carried out by this Agreement; both the Town and the Bank reserve all further rights to require performance of the terms of the Bond  Order and the Series Resolution.  4. The Bank will provide for a copy of this Modification Agreement to be attached to the original Bond. The Bank will provide for a legend in substantially the  following form to be inscribed on the original Bond:  This Bond has been modified by a Modification Agreement dated as of  April 8, 2015.  In addition, the Bank will provide for a copy of the new payment schedule referenced in paragraph 2(b) to be attached to the original Bond promptly after the Bank prepares the  schedule.  5. Except as provided by this Modification Agreement, the parties ratify, approve and confirm the terms of the Bond, thel Bond Order and the Series Resolution. 6. This Modification Agreement may be executed in counterparts, including  separate counterparts, but all together constitute a single agreement.  7. This Modification Agreement takes effect as of April 8, 2015. The remainder ofthis page has been left blank intentionally.)  180    Town of Smithfield, North Carolina  By: Paul Sabiston Town Manager  This instrument has been pre-audited in the manner required by The Local Government Budget and Fiscal Control Act.  Greg Siler Finance Director  Town of Smithfield, North Carolina  Southern Bank and Trust Company  By:  Printed name: Title:  North Carolina  Local Government Commission  By Greg C. Gaskins, Secretary  By:  [Greg C. Gaskins or Designated Assistant]  Modification Agreement dated as of April 1,2015]  181    182    Resolution #560 (10-2015)  Approving an Agreement To Further Reduce the Interest Rate Onthe Town's Existing Electric System Revenue Bond  WHEREAS-  The Town has previously issued its $5,000,000 Electric System Revenue Bond, Series 2007 (the Bond"), to Southern Bank and Trust Company (the "Bank") to provide financing for the construction of an electric substation. In 2014, the Bank agreed to lower  the interest rate on the Bond from 4.03% to 3.25%.  At the Town's request, the Bank has agreed to again reduce the annual interest rate on the Bond, this time from 3.25% to 2.89%. The other terms of the Bond will remain unchanged, except that the amount of future annual payments will go down to reflect the  lowerinterest: rate.  There has been presented to this Council a draft of a Modification Agreement to BE IT THEREFORE RESOLVED by the Town Council of the Town of 1. Approval of Rate Modification = The Council approves the interest rate 2. Approval of Modification Agreement = The Mayor or the Town Manager (or either of them) is authorized to execute and deliver the Modification Agreement in its final form. The Modification Agreement in its final form must be in substantially the form submitted to this meeting, which is hereby approved, with such changes as the  be dated as of April 8, 2015, to carry out this rate reduction.  Smithfield, North Carolina, as follows:  reduction described above.  officer signing the final form agreement may approve.  3.  Ratification of Existing Proceedings - Except as described in this  resolution and the Modification Agreement, the Town ratifies and confirms the remaining provisions ofthe Bond and ofthe Bond Order and the Series Resolution, each adopted by the Council on August 7, 2007, which provided for the issuance ofthe Bond.  4.  Miscellaneous Provisions  All Town officers and employees are  authorized to take all further action as they may consider appropriate in furtherance ofthe purposes of this resolution. All such prior actions oft the Town officers and employees are ratified. All other Council proceedings or parts thereof, in conflict with this resolution are repealed, to the extent of the conflict. This resolution takes effect immediately.  183    Ic certify as follows: that the foregoing resolution was properly adopted at a meeting of the Town Council of the Town of Smithfield, North Carolina; that this meeting was properly called and held on April 7, 2015; that a quorum was present and acting throughout the meeting; and that this resolution has not been modified or amended,  and remains in full effect as oft today.  WITNESS my signature and the seal of the Town of Smithfield, North Carolina,  this [SEAL]  day of April, 2015.  Shannan L. Williams, Town Clerk Town of Smithfield, North Carolina  184    Town of Smithfield Town Council Action Form  Item: Report on Merchant Account Comparison Date of Meeting: April7,2015 Staff Work By: Greg Siler, Finance Director  Date Prepared: March27,2015 Presentation: Consent Agenda  Background: In March, 2014, Town Council approved PNC Bank, the lowest bidder, as its merchant services provider (debit and credit card transactions). Attached is a ten month comparison of service charges between PNC Bank and our former provider, FCB. Note: The Town wasn't eligible for FCB's reduced charges through their VISA Utility Program until eligibility requirements could be met. If eligibility could have been achieved, the Town could expect savings of $21,700 annually (see FCB Merchant Pricing Analysis). The Town has already achieved that savings threshold after being with PNC for ten (full) months. Savings to date is $24, 874 (see attachment) and is expected to reach $30,000 by the twelfth month. The Town  can expectto annually realize this amount of savings.  Action Requested: None Required  185    186    FirstCitizensBank  Town of Smithfield Merchant Pricing Analysis Analysis based ond data from: December: 2013  Current Rates  Proposed: Rates  Discount Rates Total Discount Fees Services Provided OtherFees Interchange Assessments Gateway Monthly Fee Gateway Transaction Fee Terminal Rental  $3,606.21  $457.97  included in discount included in discount 0.00 0.00 61.50 $61.50 $3,667.71 1.76% Volume Average Ticket  1,041.69 228.89 25.00 104.70 0.00 $1,400.28 $1,858.25 0.89%  Subtotal Existing Services Effective Rate  $208,167.37 $198.82  FirstCitizens Estimated Monthly Advantage First Citizens Estimated, AnnualAdvantage  $1,809.46 $21,713.54  Note: Estimated! savings are based on Merchant supplied information reflecting transaction volume, average transactions, estimated: annual sales, and known costs per transaction. Savings estimates are not a Rates applicable as of the date of this proforma and may change without notice.  guarantee of future transaction expenses.  187    6  4  188    0o  189    190    Financial Report        Town of Smithfield Revenues VS. Expenditures  2014YTD GF Revenues Vs. Expenditures $9,286,041 $7,294,064  2013 GF Same Period $10,031,071  $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0  $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0  $7,803,963-  "GFF Revenues 2013 "GFE Expenditures 2013  "GFF Revenues 2014 "GFE Expenditures: 2014  FY14-15atFeb.28  FY13-14atFeb.28  2014YTD w/S Revenuesvs. Expenditures $3,736,113 $3,453,641  2013V w/S Same Period $3.380.973 $3,402,062  $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000  $4,000,000 $3,500,000 $3,000,000 $2,500,000 $2,000,000 $1,500,000 $1,000,000 $500,000  w/S Revenues 2013 W/SE Expenditures: 2013  "w/SF Revenues 2014 w/S Expenditures 2014.  FY14-15atFeb.28  FY13-14atFeb.28  2014 YTDI Electric Revenues VS. Expenditures $12,280,073 $12,603,382  2013 Electric Same Period $12-505-704  $13,049,379  $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0  $14,000,000 $12,000,000 $10,000,000 $8,000,000 $6,000,000 $4,000,000 $2,000,000 $0  ElectR 2013 "ElectExpenditures: 2013  Elect Revenues 2014 "Electexpenditures: 2014  FY14-15atFeb.28  FY13-14atFeb.28  191    TOWN OF: SMITHFIELD February 28, 2015 Gauge:8/12 or 66.671 Percent  MAJOR FUNDSI FINANCIALSUMMARY REPORT  66.67%  GENERAL FUND  Actual FY'13-14 FY'14-15 577,077 812,577 1,956,092 851,734 1,327,104 2,814,011  Budget Actual to Date YTD%  Revenues  FY'14-15 Collected 370,266 93.27% 228,138 27.52% 1,072,057 56.42% 508,920 56.48% 678,258 52.13% 1,108,561 51.88%  Current & Prior Year Property Taxes Motor Vehicle Taxes Utility Franchise Taxes Local Option Sales Taxes Aquatic and Other Recreation Sanitation All Other Revenues 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 Sanitation Parks and Rec SRAC Contingency (Previously Part Of Gen Gov) AppoprationyComributons Total  $5,598,314 $ 5,456,656 $ 5,319,840 97.49%  397,000 829,000 1,900,000 901,100 1,301,200 2,136,924 9,000  0.00%  $13,936,909 $ 12,930,880 $ 9,286,040 71.81%  Actual FY'13-14 FY'14-15 1,092,064 1,511,857 270,954 288,246 3,065,645 1,281,128 2,754 491,956 757,815 83,475 992,136 816,585 868,672  Budget Actual tol Date YTD%  FY'14-15  Spent  508,374 $ 286,529 $ 264,258 92.23%  1,244,867 1,387,757 150,911 378,983 3,341,688 1,407,927 514,491 876,818 89,192 1,066,367 821,624 972,415 391,311  550,549 44.23% 931,123 67.10% 86,367 57.23% 196,453 51.84% 2,044,156 61.17% 889,387 63.17% 932 #DIV/O! 305,573 59.39% 304,790 34.76% 52,683 59.07% 625,371 58.65% 475,004 57.81% 567,418 58.35%  0.00% 0.00%  $12,031,661 $ 12,930,880 $ 7,294,064 56.41%  YTD Fund Balance Increase (Decrease)  192    66.67%  WATER ANDSEWERFUND  Actual FY'13-14 FY'14-15 2,785,945 14,225 11,124 336,809  Budget Actual tol Date YTD% $ 650,000 $ 463,709 71.34%  Revenues Water Charges Water Sales (Wholesale) Sewer Charges Tapl Fees All Other Revenues Loan Proceeds Fund Balance Appropriated Total  FY'14-15 Collected 1,624,949 59.09% 10,112 63.20% 37,129 290.07% 85,781 20.64%  $2 2,772,525 $ 2,100,000 $ 1,231,961 58.66%  2,750,000 16,000 12,800 415,585 530,515  0.00%  $5,920,628 $ 6,474,900 $ 3,453,641 53.34%  Actual FY'13-14 FY'14-15 3,498,839 357,841 372,810 136,174  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'14-15  Spent 0.00% #DIV/O! 1.74% 0.00%  1,554,964 $ 1,942,518 $ 1,020,950 52.56%  4,056,647 85,404 183,235 207,096  2,711,979 66.85% 3,184  $5 5,920,628 $ 6,474,900 $ 3,736,113 57.70%  ELECTRIC FUND  Actual FY'13-14 FY'14-15 425,863 29,700  Budget Actual to Date YTD %  Revenues Electric Sales Penalties All Other Revenues Loan Proceeds Fund Balance Appropriated Total Expenditures AdminsrationOpenations Purchased Power Debt Service Capital Outlay Contingency Transfers to General Fund Total  FY'14-15 Collected 303,888 81.04% 226,943 100.59% 75,600  $19,554,076 $ 19,270,000 $ 11,673,642 60.58%  375,000 225,620 75,600  $20,009,639 $ 19,946,220 $ 12,280,073 61.57%  Actual FY'13-14 FY'14-15 16,438,243 368,887 36,443 609 400,400  Budget Actual to Date YTD%  FY'14-15  Spent  $2 2,012,095 $ 2,101,386 $ 1,486,675 70.75%  16,212,548 378,247 563,239 447,258 243,542  10,747,820 66.29% 368,887 97.53%  0.00%  $19,256,677 $ 19,946,220 $ 12,603,382 63.19%  193    CASHANDINVINVESTMENTS 7,299,334 4,817,706 5,673,119 24,008 (163,550) 5,836 183,982 140,142 100,026 $18,080,603  General Fund (Includes P. Bill) Water and Sewer Fund Eletric Fund* Capital Project Fund: Wtr/Sewer (45) Capital Project Fund: General (46) Capital Project Fund: Electric (47) Firemen Relief Fund (50) Fire District Fund (51) JB George Endowment (40) Total *Plug  Interest Rate 0.20% 0.30% 0.12% 0.10%  Ist CITIZENS NCCMT FOUR OAKS KS BANK BB&T PNC: BANK  10,727,533 2,236,320 0.080% 1,290,135 3,625,128 .2,.65,&.8 201,487 18,080,603  Account Balances Confirmed By Finance Director on 3/13/2015  194    Department Reports        SVIHFED  NORTH CAROLINA  FINANCE1 DEPARTMENTAL REPORTI FOR FEBRUARY.2015  SUMMARY OF ACTIVITIES: Daily Collections.. Tax & Vehicle License. Franchise' Tax.. Sales & Use Tax.. Powel Bill.. Total Revenue FINANCE:  $2,591,056 20,982 0 177,899 0 $2,789,937  Expenditures: General, Water, Electric and Firemen's Fund..... $2,945,828 Compiled ands submitted monthly Retirement Report on 2/27/2015 Processed 630 vendori invoices for payment and issued 349 accounts payable checks Prepared and processed 2 regular payrolls. Remitted federal and state payroll tax on 2/13/15 and 2/27/15  Issued 54 purchase orders respectively  Issued 51 new privilege licenses; collected! $150 inj payments Collected $311 inj past due privilege license fees Processed 121 NSF Checks (Utility and SRAC) $6,552) Other month end data report attached FINANCE DIRECTOR  Calendar year-to-date bad debt collections total $16,327 (EMS =$ S01SRAC-S44Pamd Utility-  Attended Town Council regular meeting on February 3,2015 Attended Town Council work shop meeting on February 24, 2015 this month. Thet total collected onj past due accounts is $1,533  Invoiced Smithfield Housing Authority and. Johnston Community College for resourcer officers Reviewed outstanding balances on privilege license accounts this period and collected $311 inj past dues Responded tol Moody's Investor Services (Jessica Raab) questions on the Town's finances, debt, local Put procedure inj place to double check billing adjustments given for penalties and water leaks Rate shopped for a second time on thel Electric Fund Revenue Bond Loan. The original 2007 bond series rate of4.03 percent was negotiated downi to 3.25 percent in May, 2014. The negotiations saved the Town $239K or $18,395 per year over the next 13 years. By all indications the rate can be negotiated to 2.9 percent today, fora an additional savings of$7,437 per year or $89K over the next 12 years  Invoiced 13 grave openings  economy and other new developments.  195    Finance Department totals for February 2015  Meter Reading Actual Meters Read Meters Loaded to Hand Held Billing/Collections Bills Mailed Area Lights Billed JoCo Wholesale water Load Mgmt AC credit Load Mgmt waterheater 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  9,995 10,219  6,082 $2,474,428.65 921 57,294,000 0 598 154 1,417 7 18 91 45 40 688 $374,309.06 1,076 $638,129.80 151 236 4,247 $3,346,707.56 30 25 40 0 0 268 268 112 39 97 0  $20,727.95 $80,216.57 $0.00 -$3,660.00 -$1,106.38 $19,469.73 $2,312.05 $1,656.10  IVR-phone On-Line (website)  $76,370.67 BOTH $5,080.97 EMS $4,693.58 SRAC $6,551.98 Utility $0.00 Utility $0.00 SRAC  Cash' Window Transactions/Payments Accts collected from Debt setoff Accts submitted to Debt Setoff Service Orders Requested Orders Completed Orders  Terminated Accounts Meters Rechecked New Turn on Accounts  Meter Tamper/N Meter Missing Phone Call Usage CSR-Elaine Inbound Outbound  Duration 850 222  21:32:01 4:52:00  GR/Colections-Audrey  196    Inbound Outbound Inbound Outbound Inbound Outbound Total Town (Trunk Lines) Inbound Outbound  584 211 196 24 700 152 5,966 2,822  12:33:39 3:31:06 2:41:10 1:14:18 4:53:24 4:47:04 169:01:19 109:38:19  Collections- Cash Window#2  Switch Board Operator x1101  197    Town of Smithfield Planning Department 350 E. Market St Smithfield, NC 27577 Box 761, Smithfield, NC 27577 Phone: 919-934-2116 Fax: 919-934-1134  P.O.  SMITIFEID  NORTH CAROLINA  BOARD ACTIONS REPORT - February 2015  February 0 0 0 0 0 2  Calendar Year to date  Town Council Rezoning Conditional Use Ordinance Amendment Major Subdivisions Annexations Special Events Planning Board Rezoning Condition Use Ordinance Amendment Subdivisions Annexations  0 0 0 0 0 3  1 0 0 0  1 0 0 0  Board of Adjustment  Variance Admin Appeal  0 0  0 0  198    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  SMTTHFIED  NORTH CAROLINA  PERMITS ISSUED MONTHLY REPORT- February 2015  Permit Fees  Permits Issued  Site Plan Plan Zoning Zoning  300.00 800.00 150.00 1,250.00 14,438.45  2 8 3 13 176  LandUse Sign Total: YTD Total:  Permit# Type SP15-000006 SitePlan Z15-000013 Zoning Z15-000015 Zoning Z15-000014 Zoning Z15-000016 Zoning Z15-000017 Zoning SP15-000007 SitePlan Z15-000018 Zoning Z15-000019 Zoning Z15-000020 Zoning 215-000021 Zoning Z15-000022 Zoning Z15-000023 Zoning  Sub Type Business Name MajorSite Plan arpestaulylos18819  Project Address 14050uthEQUIMDrve 1025 OUTLET CENTER Drive 804East MarketStreet 937 North BRIGHTLEAF Boulevard 851 West MARKETStreet 2838 South BRIGHTLEAF Boulevard 1203NothBrightteafBoulevard 36A Edgerton Street 1025OUTLET CENTERDrive 150 South EQUITY Drive 101 DE East Markets Street 1025 OUTLET CENTER Drive 108 SouthTHIRDStreet  Land Use Land Use Sign LandUse Sign  The Apparel Group HelpingkealnglHearts Smithfield Power Equipment Foodlonstore-0059 BrightleafWelding  MajorSite Plan AmericanAuto Wash  Land Use Sign Land Use LandUse Land Use LandUse  Movement Enterprises LLC TheA ApparalGroup Calico. Jack" Textbooks Inc. Johnston! CountyEmployee Wellness Coach Simply Bliss Studio  199    Town of Smithfield Planning Department Phone: 919-934-2116 Fax: 919-934-1134  350 E. Market St Smithfield, NC27577 P.O. Box 761, Smithfield, NC: 27577  SMITHPED NORTH CAROLINA  CODE COMPLIANCE MONTHLY REPORT 2015  Feb-15 89 86 104 112 112 0 12 N/A  Calendar Year To date 150 145 176 198 198 2 12 0  WrittenViolations Resolved Violations OnSite Meetings Temporary: Signs Violations TemporaiysEniRemoved Condemned Structures Removed Community Volunteers Families Helped By' Volunteers  200    TOWN OF SMITHFIELD POLICE DEPARTMENT MONTHLY REPORT  MONTH ENDING February 28, 2015  I.  STATISTICAL SECTION  Month Ending Feb. 28, 2015 Calls For Service Incident Reports Completed Cases Closed Accident Reports Arrest Reports Burglaries Reported Drug Charges DWI Charges Citations Issued Speeding No Operator License Registration Violations  Feb-15 1640 121 143 73 85 03 20 04 305 88 79 45  Feb-14 Total 2015 Total 2014 YTD Difference  2087 151 141 62 84 08 26 09 199 119 79 72  3482 310 302 134 216 16 41 11 618 179 156 81  4402 305 284 114 189 29 47 16 501 215 170 109  -920 5 18 20 27 -13 -06 -05 130 -36 -14 -28  II. PERSONNEL UPDATE  One conditional offer of employment was tendered to fill the existing vacancy Promotional testing was completed for the sergeant and captain positions.  ini the patrol division.  III. MISCELLANEOUS  Mandatory in-service training was started and will continue through May of 2015. Preliminary budget numbers and requests have been submitted to the Town Manager. The department is preparing fori its March CALEA Conference where the Chief and Accreditation Manger will defend the agency Coffee with a Cop was completed at the West Side McDonalds. This was a  and its practices.  great event and well publicized by the local media.  Note: Calls for service will continue to be lower than the previous year due to a change inn record keeping regarding these numbers. These numbers will again be comparable in  January of2016.  201    User: MSOUTHERLAN  SMITHFIELD POLICE DEPARTMENT  03/04/2015 15:21  REPORTED UCR OFFENSES FOR THE MONTH OF FEBRUARY 2015  February February 2014 2015 0 0 0 0 0 8 8 8 5 1 2 35 0 0 43 51 31 12 1 10 0 0 16 1 0 0 0 0 8 0 0 0 0 9 88 139  Percent Year-To-Date  Percent 0 N.C. 2 N.C. 1 508 -2 -100% 3 N.C. -8 -808 -5 -428 -11 -418 -4 -298 0 08 -7 -788 3 48 0 08 0 N.C. -8 -78 -13 -118  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 forgery/Counterteit Fraud Embezzlement Stolen Property Vandalism Weapons Prostitution A1l Other Sex Offens Gambling Offn Agnst Faml/Chld D.W. I. Liquor Law Violation Disorderly Conduct Obscenity Kidnap All Other Offenses PART II TOTAL: GRAND TOTAL: N.C. = Not Calculable (r_month1)  +/- Changed 2014 2015 +/- Changed  0 1 1 0 1 1 3 3 2 0 1 25 1 0 29 32  0 N.C. 1 N.C. 1 N.C. 0 N.C. 1 N.C. -7 -888 -5 -638 -5 -638 -3 -608 -1 -1008 -1 -508 -10 -298 1 N.C. 0 N.C. -14 -338 -19 -378  0 0 0 2 2 3 2 0 0 3 10 2 12 7 27 16 14 10 4 4 9 2 79 82 2 2 0 0 108 100 120 107  27 13 1 7 0 2 3 2 0 1 0 2 4 0 0 0 0 6 68 100  -4 -138 1 88 0 08 -3 -308 0 N.C. 2 N.C. -13 -818 1 1008 0 N.C. 1 N.C. 0 N.C. 2 N.C. -4 -50% 0 N.C. 0 N.C. 0 N.C. 0 N.C. -3 -338 -20 -238 -39 -288  52 58 22 33 1 3 16 19 0 1 2 4 25 12 6 4 0 0 0 2 0 0 1 3 14 10 2 0 0 2 0 0 0 0 13 12 154 163 274 270  6 128 11 508 2 200% 3 198 1 N.C. 2 100% -13 -528 -2 -338 0 N.C. 2 N.C. 0 N.C. 2 2008 -4 -298 -2 -1008 2 N.C. 0 N.C. 0 N.C. -1 -88 9 68 -4 -18  Page:1  202    Town of Smithfield Fire Department Month Ending: February 2015  9 106  NORTHCAROLINA I.  Statistical Section Responded to:  9 Total Structure Fires Dispatched 2 Confirmed Structure Fires (Our District) 0 Confirmed Structure Fires (Other Districts)  92 EMS/Rescue Calls 2 Vehicle Fires 12 Motor Vehicle Accidents 4 Fire Alarms (Actual) 17 Fire. Alarms (False) 26 Misc./Other Calls 7 Mutual Aid (Received) 6 Mutual Aid (Given)  162 TOTAL EMERGENCY RESPONSES  Conducted 56 Fire Inspections/Compliance Inspections  Conducted Conducted Issued Issued Completed Completed  Public Fire Education Programs Adults in Attendance Children in Attendance  Plans Review Comsnuction/Renovation Projects  Fire Code Citations Fire Lane Citations Consultation/Wak Through Fire Investigations  Completed 68 Re-Inspections  II. Major Revenues  Inspections: $ 1,725.00  203    III. Major Expenses for the Month:  None  IV. Personnel Update: We continue to recruit volunteer firefighters to enhance our  staffing capabilities.  V. Narrative ofmonthly departmental activities:  Staffn met with Johnston County Emergency Services, Enviro-Safe, Wilson's Mills Fire Department, Johnston Health, and Johnston County Sheriff's Representatives toj plan for a plane crash exercise to be held on Saturday April 18", 2015 att the Fire Department personnel conducted water supply training at. Johnston Community College Fire Training Ground as part ofour monthly training. Part time Inspectors continue to work on routine inspections as well as conducting plans review and compliance checks. We have completed the required inspections for 2013 and are beginning the 2014 inspections as required by State Law. Due to limited staffing, we are not in compliance with the minimum Chief Harris participated in Selma Fire Department's 100th Anniversary Chief Harris and Captain Byrd attended a meeting with the North Carolina Forest Service and Johnston County Emergency Services to discuss capabilities for wild  Johnston County Airport.  inspections frequency as required by statute. Celebration held at The Farm in Selma. land fire response and suppression.  204    Town of Smithfield Public Works Department February 28, 2015  THI SOBTICAROLNA  217 13 0  Total Work Orders completed by the Public Works Department  Burials, at $700.00 each = $9,100.00 Cremation Burial, $400.00 each = $0  $2,000 Sunset Cemetery Lot Sales  $0  Riverside Extension Cemetery Lot Sales  299.01 tons of household waste collected  64 4.24 15.3 28 10 8  tons of yard waste collected tons of recycling collected Gallons of used motor oil recycled Animal Control work orders completed Cats transported to Animal Shelter Dogs transported to Animal Shelter  205    Town of Smithfield  Public Works Appearance Division Buildings, Facilities, and Sign Division  Cemetery, Landscapes, and Grounds Maintenance  Monthly Report February 28, 2015  SORTCANOL  I.  Statistical Section 13 Burials  10 Works Orders - Buildings & Facilities Division Work Orders = Grounds Division 13 Work Orders - Sign Division  8  II. Major Revenues  Sunset Cemetery Lot Sales: Riverside Ext Cemetery Lot Sales: Grave Opening Fees: Total Revenue:  $2,000.00 $0.00 $9,100.00 $11,100.00  III. Major Expenses for the Month:  $8,910.00 to East Cast Equipment for mower purchase, $7,675.00 to It's Gotta Go Tree Service for tree removal, $2,041.40 to Power Mulch Systems for material in  landscape beds. IV. Personnel Update: None for the month  V.  Narrative of monthly departmental activities: "Weather Related Concerns and Being Safe".  The overall duties include daily maintenance on cemeteries, landscapes, right-of-ways, buildings and facilities. The Public Works safety meeting was on  206    Town of Smithfield Monthly Report February 28, 2015  Public Works Drainage/Street Division  SOSTICAMOUNA  I.  Statistical Section  a. All catch basins in problem areas were cleaned on a weekly basis b. Crews worked a total of 376.75 man hrs. due to snow/ice storms. C. 2-Work Order - 24 Linear Feet Drainage Pipe installed. d. 1-V Work Order - 337 Linear Feet of ditches were cleaned e. 5-V Work Orders - 225lbs. of Cold Patch was used for 9 Potholes. f. 28-Work Orders were completed regarding Animal Control related issues. 10 Cats and 8 Dogs were transported to the. Animal Control Shelter,  II. Major Revenues None for the month  III. Major Expenses for the Month:  $1,489.00 to Protection Services Inc. for 100 (36inch) safety cones, $2,350.77 to  Hanson Aggregates for rip rap rock, ABC stone and #4 stone.  IV. Personnel Update: None for the month  V.  Narrative of monthly departmental activities:  The Public Works safety meeting was on "Weather Related Concerns and Being  Safe".  207    Town of Smithfield Public Works Department February 2015 Drainage Report  Location: Starting] Date: Completion Date: Description Man-hours: Equipment: Materials: Location: Startingl Date: Completion Date Description: Man-hours: Equipment: Materials Location: Starting Date: Completion! Date Description: Man-hours: Equipment: Materials: Location: Starting Date: Completion Date: Description: Man-hours: Equipment: Materials: Location: Starting Date: Completion Date: Description: Man-hours: Equipment: Materials:  Greenway, boat ramp and Bob Wallaçe Park! Kiddie Park entrance to Backfilled ruts along greenway with fill dirt. Installed French drain system in Kittie Park parking area for positive drainage, hauled in rock 4yards of river sand, 42.17 tons of! #4 stone, 74.441 tons of ABC stone,  Greenway. 2/3/2015 2/6/2015 66hrs.  for parking lot due to potholes as well. 420 Cat backhoe, 406 flatbed, bobcat tractor 20ft section of 15inch HDPEp pipe.  1330 SBL. 2/6/2015 2/9/2015 25.5hrs. N/A 924NBL. 2/9/2015 2/9/2015 drainage. 4.5hrs. N/A Longview Drive. 2/10/2015 2/10/2015 9.5hrs.  Cleaned 337LF ofd ditch bank for positive drainage. 420 Cat backhoe, 406 flatbed and 402 pickup.  Cleaned out catch basin and 100LF ofs storm drain line for positive  Jet truck, 402 pickup plus hand tools.  Installed Dead End gate at end of pavement. 402 pickup plus hand tools. Two 6ft treated post, 16ft utility gate and stop sign. Front and! Bridge, 809,721,633,259 Venture Drive. Repaired 9 potholes with Perma Patch asphalt. 402 pickup plus hand tools.  2/11/2015 2/11/2015 2hrs.  208    Location: Starting Date: Completion Date: Description: Man-hours: Equipment: Materials; Location: Starting Date: Completion Date: Description: Man-hours: Equipment: Materials: Location: Starting Date: Completion Date: Description: Man-hours: Equipment: Materials: Location: StartingDate: Completion Date: Description: Man-hours: Equipment: Materials:  110 Sunset Ave. 2/11/2015 2/11/2015 resident. 5hrs.  Installed additional 4ft section of 15inch RCP drain line in driveway for  420 Cat backhoe, 406 Flatbed  4ft section ofl 15inch RCP, 4yards of ABC stone. West Holding and Chestnut Drive and on Wilson Street.. Due to storm trees were removed from roadway. 905 pickup, 313 knuckleboomn.  2/16/2015 2/16/2015 6hrs. N/A 2/16/2015 2/20/2015 ofsnow and ice. 184hrs. 3t tons ofs salt. 2/24/2015 2/26/2015 192.75hrs.  All city streets, downtowns sidewalks and town owned facilities. Crews pretreated streets with brine and applied salt to sidewalks before storm. During and after storm streets and sidewalks were scrapped free 900, 406 flatbeds with brine tanks, 402,404,409 with snowplows. 2000 gallons ofbrine, 1 ton ofi ice melt, 10 yards ofs sand, approximately All city streets, downtown sidewalks and town owned facilities. #2 storm Crews pretreated streets with brine and applied salt to sidewalks before storm. During and after storm streets and sidewalks 900, 406 flatbeds with brine tanks, 402,404,409 with snowplows. 5,000 gallons of brine, 1.5tons ofi ice melt, approximately 5 tons ofsalt.  were scrapped free ofs snow and ice.  209    Town of Smithfield Monthly Report February 28, 2015  Public Works Fleet Maintenance Division  NOSTHCAROLINA  I.  Statistical Section 6 Preventive Maintenances 0 North Carolina Inspections 97 Work Orders  II. Major Revenues  None for the month  III. Major Expenses for the Month:  Paid Car Quest $1,259.95 for an air hose reel.  IV. Personnel Update: None for the month  V.  Narrative of monthly departmenta. activities:  The shop employee performed preventive maintenances on all Town owned generators. The Public Works safety meeting was on "Weather Related Concerns  and Being Safe".  210    Town of Smithfield Monthly Report Feb. 28, 2015  Public' Works Sanitation Division  ORTICAZOUN  I. Statistical Section  The Division collected from approximately 4100 homes, 4 times during the month Sanitation forces collected 299.01 tons of household waste Sanitation forces disposed of 32 loads of yard waste and debris at Spain. d. Recycling forces collected 0 tons of clean wood waste (pallets) e. Town's forces collected 0 tons of construction debris (C&D) Town's forces disposed of 150 scrap tires g. Recycling forces collected 4.24 tons of recyclable plastic h. Town's forces collected 0 Ibs. of cardboard Disposed of 0 Ibs. of plastics & glass h. Disposed of 15.3 gallons of used motor oil  a. Sanitation forces completed 26 work orders  b. C.  Farms Nursery  f. i. j.  At total of 0 gallons of cooking oil was collected at the convenience site  II. Major Revenues a. C. e.  Received $0.001 from Omni Source for disposal of Olbs. of Applances/Loose. Scrap  b. Received $25.93 from Sonoco Products for cardboard material Sold 0I Ibs. of aluminum cans for $0.00 d. Sold 01 Ibs. of shredder steel for $0.00 to Omni Source  Received $72.00 from News and Observer for disposal of 3 tons of newspaper. Spain Farms Nursery was paid $1,3121 for disposal of 41 loads ofy yard debris fort the month of January. Tri-Point Truck Sales, Inc. was paid $1,147.96 for front and rear brakes and a spring for one of the knuckle boom loaders. Tri-Point Truck Sales, Inc. was also paid $596.44 for brake shoes, slack adjuster and an oil seal for one of the garbage trucks. White's Tire Service of Wilson, Inc. was paid $570.00 for recaps for use on all sanitation Patrick Moore, Dustin Chinn and Timothy Sanders resigned and accepted employment elsewhere to further advance their careers. Francisco Claros was hired as a Sanitation Equipment Operator. Vacant Sanitation Worker and Sanitation The department worked closely with Parks & Recreation and Downtown Development on providing traffic control devices and event containers for special events held at the Parks and in the Downtown. The Public Works safety meeting  III. Major Expenses for the Month:  trucks. IV. Personnel Update:  Equipment Operators positions are being advertised. V. Narrative of monthly departmental activities:  was on' "Weather Related Concerns and Being Safe".  211    SMITHFIELD a PARKS GRECREATION  PARKS & RECREATION MONTHY REPORT FEBRUARY, 2015  SMITHFIELD RECREATION AND AQUATICS CENTER  F Parks and Recreation and SRAC Programs/Events Programs/Events in progress of recently completed: 25 SRAC paid day pass visitors > 499 ($ 4,042.00) SRAC complimentary day pass visitors > 23  Total Contacts with Program Participants: 5171 *(does not include spectators) SRAC member visits > 5785*(does not include spectators, meeting attendees, etc.)  SRAC Facility Rentals (Banquet Room, Gym, M-P Room, Pool,) > 34 Rentals ($ 6725.00) P&R Athletic games, practices and tournaments > 124 (participants included in "Total" above)  P&R Facility Rentals (fields, shelters, etc.) > 1350 people (21 Rentals)  TOTAL DIRECT CONTACTS > 13,964  II. Budget Information Through 2/28/15 & YTD:  Parks and Recreation Expenditures > approximately 59% SRAC Expenditures > approximately 59% SRAC Revenues collected > approximately 54%  III. Highlights  Held annual Daddy Daughter Dance with 187 Fathers and Daughters attending  Laura Crumpler, Aquatics Supervisor was presented the "Volunteer of the Year" for Johnston County  Special Olympics  POST OFFICE BOX: 2344 a 600 BOOKER DAIRY ROAD a SMITHFIELD, NC . 27577  OFFICE (919) 934-2148 . FAX (919)934-6554  212    SMTHFED  NORTH CAROLINA Utilities Department Monthly Report February 2015  Statistical Section  Electric CPI Demand was 28,3181 kWi relative to. January's demand of 26,746 kW. Electric System Reliability for was 99.99% relative to. January's 100.00%. Raw water treated on a daily average was 3.627 MG relative to 3.707 MG for January with maximum demand of4.2901 MG relative to January's 4.150 MG. Total finished water to the system was 89.560 MG relative to January's 99.188 MG. Average daily for the month was 3.199 MG relative to January's 3.022 MG. Daily maximum was 3.824 MG (Monday and Tuesday, February 23 and 24), relative to January's 3.511 MG. Daily minimum was 2.738 MG (Saturday,  February 28), relative to. January's2.1291 MG.  Miscellaneous Revenues  Electrical sales were $1,706.966 relative to. January's sales of $1,651,724. Water sales were $159,630 relative to. January's $167,576. Sewer sales were $217,424 relative to January's $229,456. Johnston County Water purchases were $80,217 relative to January's $54,509. Electricity purchases were $1,389,376 relative to. anuary's51,40.824. Johnston County sewer charge was $291,974 for 95.839 MG relative to. January's  Major Expenses for the Month $337,279 for 110.721 MG. Personnel Changes  Our new Water Treatment Plant Superintendent (a NC Class "A" Water Treatment Surface License) started on February 16, 2015. Our new Water Treatment Plant Operator (a NC Class "C" Water Treatment Surface License) on February 9, 2015. Our new Water Plant Trainee (a NC Class "C" Wastewater Treatment Biological License) started on Monday, March 2, 2015. As a trainee he must work under the direct supervision of a Licensed Water Treatment Plant Operator; but with his existing Wastewater Treatment Plant Operator License, we believe that he can complete the internship period, complete the required class and pass the required exam in 6 months, instead of the usual 12, thus providing us with scheduling flexibility once he has his NC Water Treatment Plant Operator  License.  213    SMITHFIEID  NORTH CAROLINA  Town of Smithfield Electric Department Monthly Report February, 2015  I.  Statistical Section Street Lights repaired -20 Area Lights repaired -18 Service calls - 41 Underground Electric Locates -54 Poles changed out or installed -5 Underground Services Installed -2  II. Major Revenues N/A N/A  III. Major Expenses for the Month:  IV. Personnel Update:  Safety meeting on CPR & First aid certification. Solar Farm construction has been approved.  V. Miscellaneous Activities:  214    SVHD  NORTH CAROLINA  Town Of Smithfield WATER AND SEWER Monthly Report FEBRUARY 2015  I.  Statistical Section REPLACED 10 WATER METERS SET 0 METERS FOR NEW ACCOUNTS REPAIRED 8 LEAKS REPAIRED 2 SEWERS WASHED 1050 FEET SEWER LINES MADEC 0 WATER TAPS, AND 0 SEWER TAP  II. Major Revenues  NA  III. Major Expenses for the Month:  IV. Personnel Update  V.  Miscellaneous Activities: RODDED 17 SEWER SERVICES REPAIRED 2 FIRE HYDRANTS SERVICE CALLS 141 LOCATES 96 CHECK 18 LIFT STATIONS DAILY FLUSHED DEAD ENDS1TIME  215