6724 The Smithfield Town Council met in regular session on Tuesday, October 15, 2024 at 7:00 p.m. in the Council Chambers oft the Smithfield' Town! Hall, Mayor M. Andy Moore presided. Councilmen Present: Mayor Pro-Tem Roger Wood Marlon Lee, District1 Sloan Stevens, District2 Travis Scott, District3 Dr. David Barbour, District4 John Dunn, At-Large Stephen Rabil, At-Large Councilmen Absent Administrative Staff Present Michael Scott, Town! Manager Elaine Andrews, Town Clerk Ted Credle, Public Utilities Director Jeremey Daughtry, Fire Chief Lawrence Davis, Public Works Director Andrew Harris, Finance Director Pete Hedrick, Chief ofF Police Gary Johnson, Parks & Recl Director Shannan Parrish, HR Director Stephen Wensman, PlanningDirector Administrative Staff Absent Also Present CALLT TO ORDER INVOCATION Robert Spence, Jr., Town Attorney Mayor Andy Moore called ther meeting to order at7 7:00 pm. Thei invocation was given by Councilman David Barbour followed by the Pledge of Allegiance. APPROVAL OF AGENDA: Mayor Pro-Tem Roger Wood made a motion, seconded by Councilman John Dunn, to approve the agenda as submitted. Unanimously approved. PRESENTATIONS: None PUBLIC HEARING: 1. Conditional Zoning Request -Finley Landing Revision (CZ-24-06): Carolina Land Group, LLC is requesting a rezoning of 47.8 acres within the Finley Landing (formerly Floyd Landing) development. This area was previously proposed to have 360 apartment units, and the revisioni is proposing 168 townhouse units in place of the apartments. The Finley Landing development is located along US Hwy 70 Business across from the Amazon Warehouse. This property is further Councilman John Dunni made ar motion, seconded by Mayor Pro-Tem Roger Wood, to open the Planning Director Stephen Wensman explained that the property was formerly called Floyd Landing, but they have renamed itt to Finley Landing. Wensman stated that they are looking at 47.8 acres that used to bet the planned apartments portion oft the development. He stated with the proposal there willl be 3,7241 lineal feet ofr road. The developers arel looking for an alternate plan as they may or may not build the apartments as already approved. The original plan for that 47.8-acre area was for 360 3-story garden style apartment units. The alternate plan, if approved, will have 168 townhouse 2 and 3-story units fronting on a 50-foot- wide public right-of-way. Int the alternate plan, the pool house, swimming pool, vehicle maintenance and car Wensman stated the alternate plan! keeps the tot lot and dog park. The developer proposes to provide 128 auxiliary parking stalls in parking lots throughout the development. The apartments will be19 and 20 foot wide with each unith having a single car garage. There willl be 27-foot-wide back-to-back: streets with curbing to match the previous approval. Wensman statedt that the developer is proposing 50-foot-wide public right of ways as opposed to the standard of 60 foot wide. Wensman pointed out the plan that was originally proposed on the map provided to the Board. The original 360 garden-styled apartments had a pool house, apool, dog park, totl lot, vehicle maintenance and private parking! lots all onap private driveway withr nop public Mr. Wensman stated thatt the original plan for townhomes elsewhere in the development, currently under construction, included 2 story town homes with a maximum height of 35 feet in accordance with the R-8 standard. Those town homes were: 221 feet wide for thei interior homes and 241 foot wide on the end oft the units toa accommodate two carg garages, built with similar materials as the other town homes, justt two ort three The Planning Director reiterated that the proposed townhomes associated with the master plan amendment identified by, Johnston County Tax ID# 15077035H. public hearing unanimously approved. wash amenity have been eliminated. infrastructure othert than water lines. stories with different dimensions. 6725 included 2-story and 3-story structures ally with one car garages, all 3-bedroom units. He stated they were a maximum height of 40-feet, the interior lot areai is 1900 square feet and that the perimeter lot area is 2100 square feet. He stated the minimum interior lot width proposed was 191 feet and the perimeter lot width is 20-feet. Thei front yard setback was 301 feet, which was what was proposed elsewhere int the development, and the minimum rear yard setback is 20-feet for the interior townhomes, and 15-feet for the perimeter Wensman statedt there was a minimum2 2 parkings spaces per townhome ont the lot, plus 128 auxiliary parking spaces ons site. Hes statedt ther minimum driveway width was 9feet, howevert the previous phase! had 10-foot- wide driveways. Hei further stated that with the setback there was room for one car int the garage, one int the driveway with any overflow parking available in auxiliary parking lots. Both master plans used the same access points rathert than ap private driveway and a parking lot. There would be3 3,7241 linear feet ofr new public streetsi in5 50-foot publicr rights ofv ways that are proposed. The streets will be 27-foot-wide back-to-back with sidewalks proposed on both sides ofp public streets. Wensman addedi thatt the garage doors would! be 8-foot- wide doors, which are smaller but not as small as others in recent developments int town. Decorative street lighting and decorative signs would be installed by the developer at the site. Storm water management is consistent witht the previous plan, they have the ponds in the same location, so drainage will be treatedt the same way. There willl be a cluster mailbox in one oft the parking lots near the main entrance. Trashy will bei inr rollouto containers thatr need tol bes storedi ing garages ori in rear yards. Water ands sewer utilities will bet the Town and electricity with Duke. Wensman stated landscaping requirements will be the same as Wensman statedt thatt the developeri is asking fora a 10-footr reduction int the right-of-way width from 601 feett to 501 feet.. A2 20-foot reduction int the distance between townhomes from 40f feet to 201 feet, whichi is consistent with what was approved elsewhere. He stated that the developers are also requesting a 5-footi increase in the maximum height for townhomes and driveway width from 121 feet down to 91 feet. He noted that staff is Wensman noted the developer's standards exceeding UDO requirements, sidewalks on both sides of the street. He also statedt thatt the recreational amenities tot lota and dog park are all above standard but are less than what was previously approved in the master plan. He stated the similar buffers that were provided elsewhere int town are stilli inp play, including the walkingt trail. Wensman outlined that staff finds that this plan townhomes. inp previous phases per the ordinance. recommending 101 feett to bec consistent with previous approval. is consistent with the comp plan, which supports flexibility inz zoning regulations. Consistency with the Comprehensive Growth Management Plan - the comprehensive plan Consistency with the Unified Development Code - the property will be developed in Compatibility with Surrounding Land Uses The property considered for rezoning will be supports flexibility inz zoning regulations. conformance with the UDO conditional: zoning, provisions. compatible with the surrounding land uses. RECOMMENDATION: provided: Planning Staffr recommend approval oft the Finley Landing alternate plan, CZ-24-06, with the following condition, which codifies the changes in the standards, while highlighting the architectural standards the developer 1. That the future development plans for the project bei in accordance with original CZ-21-03 masterplan and conditions or as hereby amended as an alternate plan fort the 47.8 acres area: 10-footr reduction inp public R/W width (50-foot public rights-of-ways) the streets with townhouses. 20-footr reductioni int the distance between townhomes (40-feett to 20-feet). 5-footi increase in maximum! heightf for townhomes int this area (35-feet to 40-feet). . 2-footr reduction inc driveway widths (12-feet to 10-feet). e. Architectural Standards (amended area only): End units facing aj public ROWr musti include a minimum oft two (2) windows. End units facing a public ROWr musti include screening landscaping the side yard. Façade Treatment: May include a mix ofs siding types including lap siding, board & batten, shake, stone orb brick. Each unit shalli include a minimum oft two (2) oft these elements. Landscaping: Each unit shall include a minimum of one (1) decorative tree and four (4) Garage Doors: shall contain decorate details or carriage style adornments shrubs. Garages are alls single car with an 8-foot-wide door. 2and 3-story townhomes. Planning Director Stephen Wensman has incorporated his entirer record and provided itt tot the Council in written Councilman John Dunn asked what the proposed size oft the units was. Wensman answered 19 and 20s wide, as opposed to 22 and 24 whichy yous sawi in the previous townhomes. Councilman John Dunn questioned the interior square foot and there was further question as to lot size. Wensman stated he will defer these type questions tot the developer, who was present. Councilman David Barbour questioned" wherei the mail kiosk would be located. Wensman pointed out that it was in the parking lot next to the main entrance and referred the councilman to the material he provided. Councilman David Barbour referred to the auxiliary parking lot, and inquired whethers some oft thoses spaces would! ber reserved spaces inf front ofthe mailbox for residents top picku up formi ini the October 15, 2024 agenda packet. Mayor Andy Moore askedi ift there were: any questions from Council. 6726 mail. Wensman said hei imagined ift the lots were alli fullt then the town house association would need to dot that would depend on whether the parking lot was partially or fully used asi itis hard to know. Councilman Travis Scott questioned whether the proposed on-site management has changed. Wensman stated that here there would just be an! HOA. They would still have a maintenance crew for the common amenities, landscape maintenance, but not ont the same level as you would have at an apartment complex. Councilman David Barbour stated to follow up on what Councilman Travis Scott said, they were told that their intent was to own a certain number oft those units that they would manage. He stated, sot the question now is, are they stillp planning to own some oft the units as rental units or are they going to sell them. He stated that if theys sell tos someone who is going tor rent, there is nothing they could do abouti it, but asked ift they plan to have ap presence there in any capacity. Wensman deferred the question tot the developer because it's not really a zoning issue as much. Councilman David Barbour statedt that consideration would affect whether they approve it or not as to whether the Board thinks it's appropriate. Wensman stated sure, but that he did not have the Mayor Andy Moore askedt the developer to come up att this time sot that the Board could ask questions directly. Joe Faulknery withi the CE Group, 301 Glennwood. Ave, Raleigh appeared before the Boardt to discuss the project. Mr. Faulkner stated thato one oft ther reasons fort the change ist that the currente environment: for multi-family lending isali little more challengingt thani itv was when they originally started the project. That coupled with thei interest from the current builder out there who wanted to be able to provide another product at another price point, al little lowert than what they were hitting on the others. He statedt thati is one oft the reasonsi for going down toal little bit smaller size, goingt to a single garage only and things oft that nature. Mr. Faulkner clarified the square footage. Hes statedt there were two different products-one product would have a square footage of1,858, and the other product has 1,581 square feet ofs size. They would all be 3 bedrooms with access from below. He confirmed with Councilman DavidE Barbourt thatt theyt typically dor mark offa about 5to60 oft thoses spaces up front as 5-minute parking to accommodate for mail pickup. He noted that he thought the parking was distributed very well for all Councilman Stevens asked what the reason for the 10-foot reduction inp public right-of-way. Mr. Faulkner stated the wider right-of-way was justr more area, SOV what they propose brings the sidewalks a little closer int to give 30 feet from the sidewalk back to the unit for parking. He stated most residents should be able to park two cars without using the garage. He stated even though they had the reduced right of way, they still have the larger front setback. He stated it's really a matter of where the property line exists. Planning Director Stephen Wensman addedt that the developeri is proposing to make the driveway al little bigger, ab bitl longer. Councilman David Barbour stated that one oft the appeals to him was the overall concept of people who came ina ass single peoplel livingi int the apartments, they gotr marrieda and movedi intot townhomes and ast they gotf families they movedi into al house as a progression through the neighborhood. He made referencet tot the appeal oft three- bedroom townhomes for singler people and questioned whetheri the developer's strategy was now al little different. Mr. Faulkner stated again thati ifthel lending environment was different, itwould all ber relative unfortunately, but now the thought process is to get a lower price point to attract younger homeowners to the 19- or 20-foot unit versus the 22- or 24-foot unit. He stated there was interest to the builder for this product. He stated similar Mayor Andy Moore questioned whether it would be the same builder building the single-family homes to build the townhomes. Mr. Faulkner replied, yes, int the current phases, and they believe itv will bet the same one here. Councilman Stevens stated that the reason why he got involved with this project was to shape town growth to attract young people to this area to grow and raise families. He stated he liked the idea of the development having a pool, which would be an attraction to the young crowd. Mr. Faulkner stated that typically with a development oft this size, because of the cost and who actually uses the pool that the pool usage is lower than what one may think. He stated you have to have it when you have apartments, but when you go with single family homes andt town homes they are not as desirable anymore. Faulkner said pools are relative to HOA fees each month and the consideration for a pooli is part of keeping cost down. Mr. Stevens stated he understood they are worried about cost, but! he's concerned with getting the project right. They have already seen one plan thats shows one thing, and now review is requested for a give and take. Hei further stated! he likes this process, but he really likes thei idea of having a neighborhood with a pool int town to attract people tot this area because There was further discussion between Mr. Faulkner and the Board regarding the pool as it pertains to building one forr rental units versus one for units for sale. Councilman Stevens said he likedt the idea of amenities putir in placet to attract ay younger crowd. Mr. Faulkner expressed that the pool was only for the apartments and noti for the development as ay whole. Mayor Andy Moore questioned whethert that was stated int the previous proposal. Councilman John Dunn questioned what the original price point was for the original townhomes versus the smaller townhomes proposed. Mr. Faulkner stated he did not have thate exact number. He addedt that the square footage was lower, so the price point would be lower. He also stated that all the finishes and architectural Mayor Andy Moore questioned if they were requesting to retain the option to still build the apartments. Mr. Faulkner statedt this was correct. Mayor Andy! Moore asked if the Board approved this, would they come back and want to do both. Mr. Faulker stated he didn't think there was an option for both relative tot the size of area that they have thati is developable. He statedi it would be a one or the other, and not a combination. Hei further answer tot that. the units to access and for extra cars for neighbors or visitors. products are moving pretty good. Mayor Andy Moore questioned who the! builder was. Mr. Faulkner stated Lennar. there arer not many options for that. standards weret thes same. statedt thatt they aref fine with that as a condition. 6727 Councilman David Barbour questioned whether there was any area designated for open space park area for children too old for the tot lot. Faulkner pointed out areas in the development that could be green space. Councilman David Barbour stated that he would encourage the builder to designate the play space for older Attorney Bob Spence asked whatt they do with allt the wetland. Faulkner stated thati ita all remained designatedi in Councilman John Dunns stated before this and the apartment, there was basically going to be a parking lot that was maintained by the developer and homeowners. Now this will be public roadway that will be turned over to the Town for maintenance. Mr. Faulkner affirmed with the exception of the private parking lots, which wills still be Attorney Bob Spence questioned ift the plans showed 331 feeti fromi the sidewalk to the front oft the townhouses. Faulkner agreed. Wensman reiterated that the driveway is 331 %1 feet long outside oft the sidewalk. Mayor Andy Moore statedt the 30-foot setback is ourr requirement and no different. He asked aboutt thei impact oft the 60-foot- Planning Director Stephen Wensman replied right-of-ways in towns are crucial for accommodating various utilities andi future projects. Wider right-of-ways are preferred as they simplify the installation and maintenance ofu utilities like fiber optics, minimize disruption when working around existingi infrastructure and trees, and leave room for potential future developments. Narrower right-of-ways, on the other hand, can complicate utility management and restrict options for future towni improvements, such ast tree planting programs. Mayor Andy Moore asked eveni ifit were 50f feet couldt the Town still not build int that area. Wensman answered Councilman John! Dunn asked how wide wouldt the street! bei int that right ofv way? Wensman statedt that the street was 27t feetv widel back-to-back, consistent with Town standard. Councilman John Dunn askedi ifitwas the same int the other part oft the community. Wensman answered yes. He further explained that the driveway is 30_to 33.51 feet longf from garage to sidewalk. Int thet first phase oft townhouses, they moved the sidewalk closert to the Councilman Stevens asked Wensman what the benefit was ofr reducing the right ofv way. Wensman statedr more land to develop ifr roads were pushed outi furtherb butt that there was only so much space given the lay oft the land. The developer, Joel Faulkner, statedt that the peninsula area has more compacted slopes. The 50-footr right-of- wayi is usually chosenf forl localr roadsi ins subdivision, andt the 60-footr right-of-way typically used for collector roads. Mayor Andy Moore expressed concerns aboutr replacing apartments with townhouses, also with losing approved amenities like the pool, dog park, and totl lot. There was discussion on whether these amenities were meant for the entire subdivision orj just the apartments. Planning Director Stephen Wensman replied that there were dog parks and totl lots elsewhere int the development in addition tot the ones att this development and that they have retained this one in addition tot the others int the development. Mayor Andy Moore questioned whether the dog park and totl lott that was int this area when originally proposed would be fort the use oft the entire subdivision and notj just the apartments. Wensman replied that only those units would be using those facilities. Mayor Andy Moore questioned how that could! be controlled. Wensman statedy you probably can't control it. The developer, Councilman Stevens voiced disappointment with project changes, noting initial approval was based on high- quality apartments and amenities. He expressed concern about scaling back due to market conditions, emphasizing his beliefi in Smithfield and Johnson County's growth, despite market fluctuations he is confident units will be filled. Councilman Stevens expressed understanding of market challenges and increased costs affecting businesses. He acknowledged the developer's need to adapt but voiced concern that cost-cutting measures might compromise the quality of living for potential Smithfield residents. Stevens emphasized the importance of attracting people to Smithfield with high-quality offerings. Despite reservations, he indicated acceptance of the revised proposal as a happy medium solution. The Developer Joe Faulkner asked Councilman Stevens ifhe'd rather have rental units. Councilman Stevens replied that there was al big need for There was general discussion among the board about how investors are turning developments like these into Councilman Travis Scott asked if the change in the structure to five feet taller would have any impact on the airport. Wensman stated he didn't see itas ani issue. Scott asked if the point of the garage door defined the point of setback, or whether it was the whole front of the house. Wensman answered the whole front oft the There was general discussion among Wensman and the Board clarifying the minimum 30-foot setback point. Wensman stated that it could encroach as much as three feet where an awning, steps or an open sided stoop Councilman David Barbour asked for clarification of the type of materials approved for the development, referencing the detaileds standards and wanting the Townt to bep pickier abouth having ar nicerl looking development, albeits smaller. Wensman statedt the same approved materials as previous townhouses same mix of materials kids. The Board had general discussion regarding the layout oft the development. perpetuity as green open space, andi itwill ber recordedi that way. maintained by the HOA. wide right-of-way being reduced to 501 feet. no. curb tot try fittingt two cars in the driveway, onel behind the other. The decision aligns with standard practices ins similar developments. Faulkner, statedr regarding the pool the residents typically needed a fob to gain entry. that too, but hei isl looking for a happy medium solution. rental units across other communities. house, att thet foundation. was concerned. 6728 in different sizes. Wensman stated materials are the same, only narrower with a one car garage instead ofa Mayor Andy Moore wanted clarification for the number of single-family homes and the number oft townhomes that were proposed when the Board looked att the development thei firstt time. Developer Joel Faulkner answered 87s single family homes and 3691 townhomes total, butt that ther new proposal has al huge reduction inc density with Councilman Stevens stated while he appreciated the process and that the development would be less dense, that he was concerned that the Town was being asked to settle for town homes that will be rentals There was general discussion among the board regarding the size and layout oft the originally proposed units Councilman Stevens asked ift there was any record of the number of townhomes sold in Smithfield, and how many oft those units turnedi into rental units, ori if they are single family residences. Planning Director Stephen Wensman: statedt they did not track ownership and did have that information. Councilman David Barbour stated that when the development was approved, it was stressed the Townhomes be family dwellings and not more rental units. He asked Wensman ift they could find outi for future reference to take into consideration on future Councilman Travis Scotta askedt the developer, in his experience, what percentage oft townhome apartments end up rental units. Faulkner statedi it usually takes years and going through the first level of ownership for that to happen, andi it depends ont the location. He said ita also depends ont the covenant oft the development to require atl leasta1 12-month leasea and no Air BNB short term rentals. Scott askedi ifhe could guarantee that the 12-month lease was a covenant oft this development. Faulkner statedy yes, it was typically when youl have problems when it's not apart oft the covenant. Wensman stated that the covenant could be adopted tol limit short term rentals, butt thati it was notr necessarily standard, and that he could not clarify that itwasi in the covenant. Councilman Stevens stated that! he understands there'sar needf for rentals, buthe expressed concern aboutwhat developments would look like fifteen years from now and how much the Lenars of the world would care. Mr. Faulkner stated that it could be put as a condition oft the development that they make sure that, if there is not Councilman Travis Scott asked Mr. Faulkner if the Board did not approve the development, what was his contingency plan. Mr. Faulkner stated that the proposal is not intended to eliminate apartments entirely, but rather to adjust the plan based on financial considerations. He explained that there is significant interest from multiple builders int the townhome product, not justf from the current builder. This interest is substantial enough toj justify reducingt ther number ofu units significantly, which he acknowledged as a major trade-off. He also pointed outt that committing to apartment construction represents al large financial investment that may not bei feasiblei in the currentr market. Faulkner statedt thati ift the townhome proposal is not accepted, they may needt tor return ata Councilman Stevens stated thath hel liket thei idea oft the apartment complex, stating the needt to attract the younger citizens who do notr needa at three-bedroom townhome. He askedi ifthere was anything thel Board could dot fort the developer to make that development more palatable to keep the apartments as part of the development. He further stated this would be more of a progression for young families who may as a result stay in Smithfield Joe Faulkner, the developer discussed the financial drawbacks ofi interest rates today with regard tol borrowing. Mayor Andy Moore stated he andi the! Board werer more concerned" with ther mix ofh housingi int the Town. Hes stated he was not opposed to the townhomes, but 70 percent oft the new construction in Smithfield was townhomes. He also expressed concern for the percentage of single-family homes versus townhomes in the development, Councilman Stevens agreed that we need a mix of housing in Town. He stated he was pleased with the development: asi initially presented, but he was concerned that Smithfieldi is getting less and less affordable. He stated thati ifthe only thing we are able to offer is townhomes, due tot the market changing we may be lowering ours standards. Faulkner statedi itwas nota al lowering ofs standard, butal lowering ofe expectation of product duet to There was some discussion among the board regarding the price point of the townhomes in Franklin Councilman Travis Scotta askedy why the new proposed development wouldr noti include single family homes. Mr. Faulkner stated itv was due tot the density oft the development: as well ast the grading was not conducive to mix two-car garage ont the end units. only 220t townhomes proposed. whati is seen now. compared tot the new proposal. based on developments Wensman statedi ito could be researched by ownership versus utility billing. already an existing covenant, there! be one for this section. later time with an alternative plant thati is more acceptable tot the council. longer. citing itv was unbalanced. ther market changing to be gearedt toward young ownership with this product. Townhomes. with single family homes. Mayor Andy Moore askedi ifthere were: any further questions from Council. Mayor Andy Moore askedi ifthere was anyone in attendance that wished to speak on the matter. Angie McClure of 4982 Swift Creek Road stated that she is a long-time Smithfield resident and farmer. She addressed" thet town planners with gratitude and concern. She thankedt themf fort theire effortsi ins shaping the town's future while expressing worry aboutt thei impact ofr rapid growth onl local farms. McClure, whosef family has deep rootsi int the area, urged careful consideration ofhow development decisions affect long-standing residents. She specifically mentioned the expansion of Johnson Regional Airport as an example of changes affecting the community. She emphasized the challenge of balancing progress with preserving traditional farm life in 6729 Smithfield. She stateds she hopedt that the voices and concerns of her, her neighbors and other constituents will be taken into consideration for future developments. She further expressed concerns about not being able to Mayor Andy Moore askedi ifthere were any other concerns. There were nof further comments from the audience. Moore commented that his concern) was parking along the street with the availability of only one one-car garage ate each unit. He stated due tot that reason he would like to see the larger 12-foot driveways. He conveyed to the Board the current price point of Franklin Town Home units, which were similar ins size to the town homes in the Finley development, as well of the number of properties that were pending and sold. Councilman David Barbour noted thatt therev weres still plenty more units scheduled to be built int the development. votef for representatives who make decisions for her community due to livingi int the ETJ. There were nof further comments ont the matter. Councilman John Dunn made ar motion seconded by Travis Scottt to close the public hearing. Councilman John Dunnr made ar motion, seconded by Councilman Stevens that the Board deny the request ofa alternate plans for Finley Development CZ-24-06. Unanimously approved. Unanimously approved. CITIZEN'S COMMENTS: Mayor Andy Moore askedi ifthere were anyone int the audience who wouldI like tos speak for Citizen's Comments. There werer no citizen comments. Mayor Andy Moores stated! he would move ont tot the Consent Agenda. CONSENT. AGENDA: Councilman David Barbour made a motion, seconded by Councilman John Dunn to approve the consent agenda. Unanimously approved. 1. Minutes a. August 13, 2024- - Regular Meeting 0. August 13, 2024- - Closed Session August 20, 2024- - Regular Meeting d. September 3, 2024 - Regular Meeting September 3, 2024- - Closed Session 2. Special Event: Circus Under the Big Top- - Approval was granted to allow Hanneford Circus to operate a circus at 1025 Outlet Center Drive from October 25, 2024 until November 3, 2024 3. Special Event: Trunk of Treat - Approval was granted to allow First Baptist Church to hold an event at 202 South Fourth Street on October 27, 20241 from 4:00 pm until 6:00 pm. The closure of East. Johnston Street between South Fourth and South Fifth Street and one food truck were 4. Approval was granted to promote the PayrollAccounts Payable Technician Ilt to the position of 5. Approval was granted to promote a Street Maintenance Worker to the position of Sanitation Approval was granted to authorize the purchase oft two used vehicles from Asia Motors in the 7. Approval was granted to award a contract to Timmons group in the amount of $49,500.00 for from 1:00 pm until 9:00 pm. Amplified sound was approved for the events. also approved fort this event. Town Clerk. Equipment Operator. total amount of $65,000f for the Police Department design services for the South Smithfield Waterl Line Extension Project. BUSINESS ITEMS: 1. Consideration and request for approval to pursue a Congestion Mitigation & Air Quality Improvement (CMAQ) grant for sidewalks on the west side of Venture Drive from Outlet Planning Director Stephen' Wensman addressed" the Council to a request approval top pursue CMAQ funding for a $1,000,000 grant with a Town 20% match, which is an estimate. He stated the purpose for funding would bet tob build a CMAQf fundedf for sidewalks tol bei installed ont the wests side ofVenture Drive from Outlet Councilman David Barbour askedi ift this would be a sidewalk ora a multipurpose path. Wensman statedt this was correct. Barbour: asked weren'ts sidewalks there already. Wensman stated there were sidewalks up to Peedin Road, but ify you go from Peedin Road all the way down to Outlet Center Drive there were no sidewalks. Wensman further clarified where the sidewalks began and ended to the Board. He added that extra dollars werei included int the estimate tor make itas safe crossing, and thatt the details would be worked Center Drive tol Peedin Road Center Drivet to Peedin Road. out once funding was received. 6730 Mayor Andy Moore asked why there were no plans for sidewalks down Outlet Center Drive near hotels where needed. Wensman cited issues with limitedr right-of-way, where the roads and the ditches eat up all the right-of-way. Wensman stated due tot that fact, itmay be a muchr more expensive project. Councilman David Barbour asked about also installing crosswalks, having concern for access without J- Mayor Andy Moore asked aboutf further development along that property, and questioned whether at future developer could bear the cost ofi installing sidewalks. Further ifthere was a plani inj place tor recoup funds for installing sidewalks on property available for future development. Councilman John Dunn questioned if there could be a fee for future developers inl lieu ofs sidewalks. Mayor Andy Moore stated we have time to Councilman David Barbour asked why the proposed sidewalk was not on the other side of the road where the businesses are, noting no developments near the pond. Wensman stated that sidewalk installation on the other side oft the street would be a much more expensive project with a larger cost share to the Town, buti it's upt tot the Towny whethert to dos so. Wensman also statedi ifthe Town moved forward with the grant, he would geta alternative estimates for other locations, then change the design to ask for the greater amount of Councilman John Dunn askedi ifit would make sense tol look att things from and easement perspective as to Councilman Travis Scott spoke about the need for the Town to look at how to connect Venture Drive to Equity, stating it needst to be connected. Wensman statedt that there was undeveloped land owned by the hotel that is next tot the pump station that may be used for that purpose in the future. He stated the Town may have to buy itto do ar right ofv wayt through there. Councilman Travis Scotts stated ity would alleviate some Councilman David Barbour askedi ift the Board approved the item today does it mean that changes cannot be made. Wensman stated he would go back and get a cost estimate for the more expensive project, and ifthe Town gets the money, they could go through the design phase and determine what we want to do. Councilman David Barbour stated he understood, and didr not want the Townt tol lose the chance at obtaining Councilman Travis Scotta askedi ifitv would bec due by budgety yearr next year, andi ifnot, where would the Town pay for the project out oft the current budget. Town Manager Mike Scott stated that ity would have to come out off fund balance, that wel have funds from the American Rescue Plani fundst that were not appropriated. AI little over a million dollars went into fund balance a couple of meetings ago, so that money is there. Walking. Wensman said hel had no answer for that right now. looki into that as a possibility. moneyt to cover the costs. which easements would! be easier. Wensman statedt that this was considered. oft the congestion on Outlet Center Drive ift those major intersections were connected. the funding. Councilman Travis Scott made a motion, seconded by Councilman John Dunn to approve for the request. Unanimously approved. 2. Consideration: and request for approval to award a bid to David Hinton Construction in the amount of $37,456.00 for the replacement of brickwork with stamped concrete in the 200 Public Works Director Lawrence Davis addressed the Council. He stated that three contractors were contacted for the project. The initial pricing was incorrect, necessitating a rebid. The revised estimate is $37,456. If approved, the work will take approximately two weeks, completed ini four phases. Phase 1 and2 will cover the 200 block oft the south side of Market Street tot the 300 block of Front Street, lasting about a week. Phases 3a and 4v will address the 300 block of North Streetf from! Market Streett tot the 200 block at Wells Fargo Bank. He further stated that the project involves removing existing bricks and planters, which have caused trip hazards, andr replacing them with stamped concrete. The concrete willl be poured 6i inches deep tov withstand vehicle stress, despite efforts to prevent curb parking. Ideal pouring temperature is 75 degrees or higher for faster setting. Businesses will be notified of work dates, and parking spaces will be blocked during construction. DOTI has been contacted ast the affected streetf falls under their) jurisdiction. Davis stated that Parking spaces will be blocked during construction. DOT confirmed no encroachment agreement is needed for sidewalk repair, but lane closures must meet NCDOT standards. Dalton Langston, Assistant District Engineer for divisions 4 and3 3in Johnson and Wayne Counties, provided this information. The project is proposed for late May or early June to take advantage of hot weather for concrete setting. Earlier Councilman John Dunn asked for clarification of which planters would be removed. Davis clarified that the bricks around the planters would be removed, the ones near the trees with the up lights, not the planters themselves. Once removed they would replace the grate. Councilman David Barbour recommended that there be an information sign before drivers get to M. Durwood Stephenson highway alerting them of the upcoming one lane highway so that they may take an alternate route tol help alleviate traffic. Davis agreed. Councilman John Dunn askedi ifthe curb would be replaced. Mayor Andy Moore also wanted clarification ast tov whether curb work was factored into the quote. Davis stated the curb work was in thel budget to do the sidewalks, and did not affect the quote. Councilman Stevens asked why we couldn't go ahead and move the curb back sixi inches to avoidr mirrors being knocked offi in downtown. Davis statedi ifwe did thati itv would change the landscape oft the poles. He further stated this was al DOT maintained road and that itis is their infrastructure. Town Manager Mike Scott added that this could turn into a five hundred-housand-dolar: project with curb work being considered. Davis added that the proposed project was only for four blocks. Mayor Andy Moore asked Davis if the estimate did include both the 200 and 300 blocks because the measurements were different for each bid. Davis stated that it was for the same area. Mayor Andy Moore and 300 blocks of Market Street completion was notp possible due to pricing issues. 6731 stated hev was pleased with the much-needed repair work that had been done already and expressed thanks. Mayor Andy Moore asked which would hold up better, the stamped concrete or the poured concrete ifwe happened to have people parking on it. He further stressed that there be parking enforcement to prevent such. Moore stated hel knowst they already are, andt thanked the Chief of Police, citing parking enforcement hasi improved, but reiterated thati ifthel Town was spendingr moneyt to dot this work, itneededt to be preserved Mayor Andy Moore asked whether stamped or poured concrete would hold up better. Davis answered that increasing the thickness from 4 inches to 6 inches would maket the sidewalks more durable. A cost-saving alternative was proposed: keeping the existing bricks, which arei in good condition, and placing them ont top ofar new concrete base. This method would eliminate the needi for sand and potentially reduce expenses. Davis further noted that staff! had already addressed some trip hazards by adjusting loose bricks. He stated that a proposed cost-effective solution for the sidewalk renovation was to lift existing bricks, add a 2-inch concrete base, then replacet the bricks. He statedt this method wouldr maintain parking access, avoid highway There was some discussion among the board about which would be the better option, keeping the brick, Councilman Travis Scotta asked for how long the quote was good. Davis answered the contractor informed him that he would honor the quote until springtime, May and June, when the work could be done. Scott askedi ifthe contractor had goodr references. Davis replied yes, the contractor does work fort the Town now. Councilman David Barbour stated that he liked stamped concrete better for its durability. As a single unit, it's less pronet to problems than multi-piece installations. Itv withstands vehicle traffic better and lasts longer without cracking or coming loose. Thei installation process is quicker than removing, cleaning, and relaying bricks on concrete. Unlike brick installations where concrete between pieces can break over time, stamped concrete remains solid. This makes itar more efficient ande enduring choice overall. Davis agreed, noting that the stamped concrete is one: solid piece, soi it's less likely to have issues. It holds up better under cars and doesn't crack easily. It's faster to install than dealing with individual bricks. While brick setups can break apart over time, stamped concrete stays intact. This makes ita smarter, longer-lasting option. Councilman David Barbour made a motion, seconded by Travis Scott to move forward with the asr mucha as possible. encroachment, andi increase durability while preserving the sidewalk's appearance. which! had divots that could potentially be ai trip hazard, ori installing stamped concrete. project for thel bid of$37,456. Unanimously: approved. 3. Consideration and request for approval to award a bid to' Vision NC, LLC in the amount of $5,940.00 a day for a total estimated cost of $100,000 for ditch cleaning services in Public Works Director Lawrence Davis addressed the Council on a request. He stated that the need for ditch cleaning was confirmed after investigation and discussion. An extensive drive-by inspection of the ditches was conducted, and addresses were noted. The project cost slightly more but offered better hours- 10i instead of8. This arrangement allowed for an earlier start time. The estimated timeline is up to three weeks, thoughi ito could be completed: sooner. The contractor: allocated 30r minutes per hour for cleaning ditch pipes. This plani is expected top provide sufficientt time for thorough completion oft the work. He further stated that cleaning process depends ont the level of clogging. For severe blockages, including root intrusions, a pipe crawleri is used toj jet, cut, and cleant the pipes. The ditches are also cleaned. A designated dump site Mayor Andy Moore askedi ifany work would be done ont the ditches themselves. Davis stated! his crew would be doingt the work ont the ditches. They would work alongside the contractors and do ditch work along with the cleaning. Moore stated that the ditches were probably ok for the most part, but that there are some Councilman David Barbour stated that some of the culverts are clogged and sit lower than the ditches, causing water to pool constantly. While some are completely blocked, most drain slowly due to build up around the pipes over time. This isn't because the pipes are sinking, but rather sediment accumulating on the sides, impeding water flow. Davis stated that we have back hoes, the equipment and manpower to Councilman David Barbour mentioned that with the work entailed inr repairs, who would be responsible for replanting grass. Davis statedt that he would talk to the manager about getting seed to put out for the grass Councilman Travis Scott stated that he was not opposed to cleaning out ditches. He asked with the department having added two staff members, why couldt they not clean the ditches. He also asked what was being done about the church thati is flooding on North Street. Davis stated that he had Adam Stuckey go outt tol look at what could be done aboutt the church, and he passed thei information he received back along tot the Town! Manager. Davis stated thati it was upt to the Board, and that he received a $95,000 estimate to address flooding near a church att the corner of Caswell where the churchs sits. Thei initial plan was toi install 15-inch pipes, but now a larger pipes size is being considered. Whilet the speaker is unsure oft the exact new Councilman David Barbour askedi ift that was the only solution. Davis stated yes, noting that the problem was similar tot the one on East Street, where too much water was coming in fort the smaller pipes to handle. Councilman Travis Scott askedi ift the two new Public Works positions created during budget session had been filled. Davis answered! hel hasi notf filled the position but has hadi interviews and one prospectt that would possibly be filling one position. Hei further statedt that he was moving some employees around based on Smithfield int they yard willl be used for disposing oft the removed dirt and debris. problem areas. address the issue. tos grow back, similarly done when other repairs are made by his crew. size, they believe the larger pipes will better alleviate thei flooding issues int that area. 6732 CDL credentials, so the department is basically looking to fill one more position to have a full staff. Councilman Travis Scott stated he understood replacing the pipe at the church may require a contractor's skills, buta asked ifs staff could use the newly purchased, jett trailert to clean the ditch. Davis stated thej jet they had did not have enough psi to blow out the ditches, but it could be used for maintenance by staff in the future. He also mentioned the $80,000 vac truck he was looking to purchase may be able to do such work Councilman David Barbour clarified that the contractor was cleaning out the culverts sot the water couldf flow, and that Public Works staff would be doing the ditch repair work, stating preventative maintenance is less expensive than repair work. Davis agreed, and stated staff would maintain the ditches afterwards through once acquired. routine maintenance schedule. Councilman David Barbour made a motion seconded by Councilman John Dunn to approve thel bidi for the ditch cleaning. Unanimously approved. There was further discussion after the vote. Councilman Travis Scott asked where the Town would move the money from to cover the cost. Town Manager Mike Scott stated that he would recommend taking the $80,000f fromt the American Rescuel Plani funds sor rightr nowi itwould bet thet fund balance. Councilman Travis Scott askedi ifthe Town was doing anything to address the othert three districts. Mayor Andy Moore stated thats should ber next. Davis agreed. Councilman Rabil stated thati ifthe Town was spending roughly 100,000 per district, we should have our own equipment ands stafft to doj jobs like this. Davis stated he was hopingt the job could be done quicker andl less expensive than quoted, sot things couldk be assessed: sot thatr maybe other Mayor Andy Moore reiterated that there was ar motion and second on the issue, all were in favor, so the motion carried. He further stated that he wanted to get a plan in motion to address each area in Town, stating West Smithfield probably hadt the most ditches in7 Town that needt to be looked at. Davis agreed. districts can be addressed quicker. 4. Consideration and request for approval to adopt Resolution No. 754 (15-2024) authorizing the Mayor to execute a quitclaim deed to. J29:11 Ventures LLC for conveyance of property Town Attorney Bob Spence addressed the Council. He stated that In the early 1980s, a federally funded Smithfield redevelopment commission aimed toi improve poorer neighborhoods designated eligible areas for funding, including thel Fuller Streeta area. Program directors workedt to develop a particular block, attempting toi increase lots sizes from 501 to 60f front feett to enhance the neighborhood. The Town Attorney continued, stating further that the town purchased 20-foot strips of land for under $500 each, redistributing them to adjacent! lots. This process was complicated byt thel lack ofp personal computers, internet, and comprehensive county mapping int the early 1980s. Thel lots, originally 501 feet wide and dating back tot the Depression era, were re-platted in 1947. A concern was raised by Emory Ashley regarding a 20-foot strip of land. Attorney Bob Spence stated that upon review, the first lot from Fuller and Durham, measuring 701 feet, is owned by Johnson County Community. Action. The subsequent two lots were intended to be 30f feet each, totaling 60 The Town Attorney, Bob Spence continued statingt that thel lots differf from the original plat, whichs shows 50- footf frontages. Thef firstl lotis 70f feet, leaving 30f feetf fort the adjacentl lot. Ms. Richardson's property comprises two 30-foot lots, totaling 601 feet. The town acquired some land from her, intending to give 20 feet to the adjoining property. However, this 20-foot section was never officially deeded out and remains int the town's name. Thel house ont the affected lot has since! been renovated. Hes statedt thata a developer orL LLC purchased the property in April, discovering issues with the property line. The town-owned: 20-foot section encroaches ont thel house by about8 8 feet and affects an 8x12 addition. A survey confirms this. The 20-foot lot, intended to be conveyed to the property's predecessor in the 1980s, was never officially transferred. The current owners have been occupyingt this section fory years. The discrepancy wasn't caught when GIS mapping was implemented around: 2000, likely due to the mapper's unfamiliarity with the situation. Spence further stated that The GIS mapping isi inaccurate due tot the complexity and volume ofl lots ini the county. The Town Attorney furthers statedt thatt thel loti in question has been occupied for 42 years by owners unaware they didn'tl legally own thel land. Multiple lawyers, including one from Raleigh, failedt to catch this discrepancy. Ont the opposite side oft the lot, there's a 10-foots strip thats should belong to the neighboring property, as per ac deed from the early 1980s. This situation arose from repeatedly dividing and recombining lots of various sizes within the block, leading to confusion in property boundaries. Spence added that a 10-foot strip associated witht this lots should belongt tot the neighboring property, according toa a deedf from the early 1980s. Hes stated thats similar mistakes have occurred twice, including one ont the east side ofF Fuller Streeti involving a10-foot discrepancy. A chain-link fence is approximately 8 feet from where the property line should be based on 1980s deeds, leaving an 8-foot gap. Spence stated that the fence may bet two feet beyond the actual property line. Deeds fromi the 1980s don'ts show the 10-foot discrepancy because attorneys likely used outdated 1947 plats showing 50-foot frontages, overlooking lot reconfigurations done before computerization. These changes aimedt to create more desirable 60-footl lots. Currently, we technically hold Spence stated to avoid potential lawsuits, it's recommended to do a quit claim to transfer the deed to the current occupants, as wei inadvertently own a significant portion oft their house due tot this mistake. Spence stated that think that the directors of community development intended to convey that lot out, but with the numerous ones they were doing, forgot to ever get it done. Spence stated he proposed quitclaiming this at 1008 Fuller Street feet. Mrs. Richardson owns ar mobile home ont these lots. title to 201 feet ofa a small, well-maintained house under 1000 square feet. 6733 property. It's now for sale. An LLC bought it cheaply in April and has renovated it, though the extent is Councilman Mayor Pro-Teml Roger Wood askedi ifthe correction fixed allo oft the lots orj justt the one. Attorney Bob Spence statedt that itf fixes thatl lot, howevert therei is al longstanding property discrepancy involvinga 10- foot strip of land between two lots. The western property has been incorrectly deeded this strip since the 1980s, while the eastern property has not received proper documentation. This 40-year-old error was overlooked by attorneys and surveyors. The town plans to notify both property owners about the 10-foot error and the mistaken allocation of 201 feet ofl land. The issue affects both properties and dates back four Councilman David Barbour askedi ifthe Town deeded the property as requested, are we out ofitatt that point and not hindering or hurting and noti involved beyond notification. Attorney Bob Spence answered that was Councilman Marlon Lee asked ifMs. Betty Richardson has been notified oft this issue. Attorney Bob Spence stated he was not aware if she had been notified. He stated he spent most of his time trying to figure out thei issue. He noted that Ms. Richardson lives inF Fayetteville, and hei is aware that she owns a mobile home one the lot. Councilman Marlon Lee stated that Ms. Richardson is getting rid of the mobile home and planning to build on the property eventually. Lee statedi if she did not know abouti it, this could become an issue for her. Spence statedt that he would try to notify Ms. Richardson by letter, and did not mind calling hert to discuss the matter. Hei further stated thatt there was as survey oft the property availabler nowt thats shows Councilman Travis Scott wanted Spence to clarity which was Ms. Richardson's lot, referring to the supplement onp page 24 oft the Town Council agenda packet. Spence stated Ms. Richardson's lot could be identified on page 4 of the agenda packet, and further pointed out the property lines to the Board, also showingt them the surveys onp pages 5, 9and 15. Mayor Andy Moore goto clarification from Spence that during the process oft the commission going in, the deeding oft the 201 feet never happened. Spence agreed. The Board got further clarification from Spence as to where the property lines were. Spence added that he did not think the land in question belonged to Ms. Richardson, pointing to the stakes on the survey, which he says was done sot the property owners could see what was happening. He stated Ms. Richardson still owns unclear. Hes statedi itis ar nice-looking! lot ont that block. decades. Thet town intends tor rectify theseh historical errors inp property boundaries. right. Ms. Richardson's lot. her two 30-footl lots. Councilman David Barbour made a motion ar motion, seconded by Councilman John Dunn, to approve the request. Unanimous. TOWN OF SMITHFIELD RESOLUTION NO. 754 (15-2024) VENTURES, LLC RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF SMITHFIELD, NORTH CAROLINA. AUTHORIZING THE MAYOR TOI EXECUTEA QUITCLAIM DEED TO. J29:11 WHEREAS, the Town of Smithfield is the owner of certain property located adjacent to 1008 Fuller Street, and aj portion oft this property is no longer needed for municipal purposes; and WHEREAS, J2 29:11 Ventures, LLC, the owner oft the property located at 1008 Fuller Street, has requested a quitclaim deed fora approximately 20f feet ofs said property fort the purpose ofr resolving any potential property boundary issues and ensuring the proper use and maintenance of the WHEREAS, the Town Council has determined thati itisi int the best interest oft the Townt to grant ac quitclaim deedf fort the said portion of property toJ29:11 Ventures, LLC, asi itwill not adversely affectt thei interests oft the Town, as the original plani in 1981 by the Redevelopment Commission appears to have beent tor make that transfer to the prior owner oft the Ventures property as part ofr modifying the fronti footage of lots within that block, and as the owner, and its predecessors inti title, have apparently paidt taxes ont the portion asi ifit were part oft their loti for years; and WHEREAS, the granting oft this quitclaim deed willr release any claim the Town may! have tot this portion oft the property andi transfer whatever interest, ifany, the Town may havei ini ittoJ2 29:11 WHEREAS, North Carolina General Statutes authorize municipalities to dispose ofr real property NOW, THEREFORE, BE ITI RESOLVED by the Town Council of the Town of Smithfield, North Carolina, inac duly called and noticed meeting held ont the 15th day of October, 2024, that: 1. The Town of Smithfield hereby agrees tot transfer by quitclaim deedt to. J29:11 Ventures, LLC, any and alli interest the Townr may have int the 20-foot strip of property adjacent to 2. Thel Mayor oft the Town of Smithfield, M. Andy Moore, is hereby authorized and directed to execute a quitclaim deeda and any other necessary documents on behalf oft the Town ofs Smithfield to. J29:11 Ventures, LLC, in accordance with the terms oft this resolution. area; and Ventures, LLC; and by quitclaim deed uponr resolution oft the governing board. 1008 Fuller Street. 3. This resolution: shall take effecti immediately upon its adoption. Town Manager's Report: 6734 Town Manager Mike Scott wanted tor remind everyone that the normally scheduled meeting for November 5th, 2024 wouldk ber rescheduled" tol November 12th, 2024, due tot the elections. Also, thatt the next scheduled meeting after that would be on! November 19th, 2024. Adjourn Councilman John Dunn made a motion, seconded by Councilman Travis Scottt to adjourn the meeting until. The meeting adjourned at approximately 9:27pm. Unanimously approved. OF SMITAP CMYTHFIIT TPRL 23, MhKp M.Andy Moore, Maybr ATTEST: Hau Ahke Elaine Andrews, Town Clerk