Smithfield
Town Council

    report from Sept. 3 session

Council members present: Emery Ashley, David Barbour, John Dunn,
Marlon Lee, Steve Rabil,  Travis Scott, David Stevens, and Mayor Andy Moore
Absent: None



Streets are under construction for the first phase of East River Subdivision off Buffalo Road. In the distance is Smithfield Middle School beyond Durwood Stephenson Highway.

Council grants developer's request
for annexation of large subdivision site

Smithfield's Town Council Tuesday night approved annexation of 68 acres on both sides of Buffalo Road a short distance north of Durwood Stephenson Highway. The "voluntary annexation" was requested by Reid Smith, developer of a subdivision under construction there to be known as "East River."

The 281-lot Planned Unit Development was approved by the town earlier this year.

Planning Director Stephen Wensman presented a cost analysis that showed yearly expenditures expected by town department heads to serve the future residences would total $607,201. Annual revenues from property taxes, service fees, and "gross" utility sales would total $1,209,688, producing a net gain for the town of $602,688 annually.

Council members questioned some of those numbers:
Travis Scott was skeptical about the projected need for four more police officers and patrol cars.
John Dunn pointed out that "gross revenue for utility sales" doesn't take into account the expense of providing electricity and water to the residences.
"A lot of assumptions there," commented David Barbour.

Even so, the council voted unanimously to approve the annexation.

During a public hearing, no one spoke in opposition. And Planning Director Wensman said his office had received no complaints about the proposal.


ACCEPTANCE OF KELLIE DRIVE POSTPONED

The council was less receptive when asked to approve an agreement accepting from the N.C. Department of Transportation a new street under construction
between Buffalo Road just north of the East River subdivision to Booker Dairy Road at Smithfield-Selma High School.

Approval was put off after Ken Langston complained about NCDOT's plan for channeling stormwater coming off Kellie Drive, the new street, into a pond at his residence. He said he and a neighbor, Larry Stancil, had met with NCDOT engineers about the situation but said he is "not convinced" their measures will prevent sediments eroding onto his property.

Councilman Scott chastised NCDOT for its handling of this and other projects. "The town can't keep rebuilding roads they put in" when problems arise after construction is done, he said.

Mr. Langston said he expects to meet with town officials at the site early next week to review the drainage situation.


LEGAL HELP TO BE HIRED FOR ZONING RE-WRITE

Councilman Scott questioned a recommendation from staff to employ "outside legal counsel" for a rewriting of town ordinances to allow a relatively new concept known as "conditional zoning." He asked: "Why do we need additional counsel when we have a town attorney?"

Town Manager Mike Scott said staff would like to have "expertise" since conditional zoning is still untested from a legal standpoint. The cost would be covered within the town's current budget for attorney's fees, he added.

Even so, "this is a waste of money," insisted Councilman Scott, who cast the only vote against employment of outside legal help.

The town is considering replacement of existing rules with conditional zoning in an attempt to avoid quasi-judicial proceedings now required for special-use and conditional-use zoning cases.

"We want to make our citizens' input more valuable," Councilman Barbour declared. "Their opinions don't seem to matter with these quasi-judicial hearings," usually dominated by lawyers representing controversial projects, he said.

"I want us to move forward," Mr. Barbour continued. "If we already have money in the budget, let's do it," he said, making the motion for approval.

A memo with the meeting's agenda lists Elizabeth Trahos, a partner in Raleigh's Nelson Mullins Law Firm, as the attorney recommended for the task.


DUKE ENERGY GRANT FOR RESCUE BOATS

The council
accepted a $22,000 "Storm Resiliency Grant" from the Duke Energy Foundation that will be used to purchase two inflatable "rescue boats" and related equipment. Fire Chief John Blanton said Smithfield's was one of 65 such grants approved from a pool of 150 applicants. In a news release about the grant, Chief Blanton said the Smithfield department "performed 44 water rescues without the needed equipment" during the town's "last major hurricane event."


VENDOR OFFERS "FINANCIAL TRANSPARENCY"

The council listened by speaker phone to a sales pitch for an online service that translates governments' fiscal data into an "easy-to-understand infographic format" available to the public. It's the "ClearGov Financial Transparency Program" provided by a company based in Maynard, Massachusetts. Finance Director Greg Silas is recommending its acceptance by the Town Council, which was asked to review the product online over the next few weeks. Annual cost to the town would be $5,575.



VOLUNTEER FIREFIGHTER SWORN IN FULL-TIME

Mayor Andy Moore administered the oath of office to Walter C. Miller, a volunteer fireman who has qualified to be a full-time employee of the Smithfield Fire Department.


APPOINTMENTS: PLANNING AND RECREATION

The council
reappointed Stephen Upton to a fifth term on the Smithfield Planning Board and Jackie Bryant to a third term on the Parks and Recreation Advisory Commission. Current vacancies on council-appointed boards include three seats on the Appearance Commission and one in-town position on the Board of Adjustment.


WARNING SIGNS TO BE ADDED TO CEDAR STREET

The council approved placement of two "Slow - Children At Play" signs on Cedar Street and another 25 mph speed-limit sign at the corner of Cedar and Willow streets. Chief R.K. Powell said in a memo that "residents of this area are concerned ... about children  and the increased amount of traffic."


CITIZEN COMPLAINS ABOUT PARK MAINTENANCE

Emma Gemmell complained about structures in need of repair at a couple of the town's parks: the amphitheater on the Town Commons and a picnic shelter at Talton Park on North Street near her residence. Neither the council nor staff responded during the "Citizens' Comments" segment of Tuesday's meeting.

 

"CONSTITUTION WEEK" PROCLAIMED SEPT. 17-23

Mayor Moore read a resolution from his office proclaiming September 17-23 as "Constitution Week" in Smithfield, noting that September 17 is the 232nd anniversary of the Constitution's drafting in 1787. The Smith-Bryan Chapter, Daughters of the American Revolution will conduct a ceremonial "ringing of the bells" at the Johnston County Courthouse to commemorate the event at 4 p.m on Tuesday the 17th.


STATUS OF WATER-PLANT EXPANSION CLARIFIED

Near the close of Tuesday's meeting, Councilman Scott asked why the U.S. Army Corps of Engineers has posted a Public Notice about the town's proposed expansion of the Smithfield Water Treatment Plant. "That project is on hold" pending a report from consultants about costs and benefits, he noted.

Ted Credle, the town's director of public utilities, said the Corps of Engineers must seek public comment before approval of an erosion-control permit required for the project to proceed. The Corps will also have to conduct a public hearing on the permit application if public comments warrant that step, Mr. Credle added.

"Our citizens do care" about this project, Councilman Scott said, asking town staff to keep council members more fully informed about the process.
 awarded a contract

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