Smithfield
Town Council
    report from Jan. 5 session

Council members present: Mayor Pro Tem John Dunn, David Barbour,
Travis Scott, David Stevens, Roger Wood
Absent: Mayor Andy Moore and Steve Rabil in COVID-19 quarantine,
Marlon Lee


FEDERAL GRANT MAY BE AVAILABLE TO HELP SOLVE
CSX CULVERT ISSUE; LIABILITY QUESTIONS RAISED

Town Manager Mike Scott reported to the council that a federal hazard-mitigation grant is being pursued to help pay for a larger culvert under the CSX railroad to alleviate storm-water flooding that has harmed several businesses in the 1600 block of South Bright Leaf Boulevard over the past several years.

Town Engineer Bob Dreitzler said a preliminary estimate puts the construction cost at $708,400. Town Manager Scott said another $52,600 or so would be required for permitting and engineering prior to construction.

But Councilman Travis Scott objected to spending town funds on CSX property. "They need to fix this problem. That's the bottom line," he said. "I think we need to seek legal counsel on this."

Councilman Scott pointed to several other similar drainage issues related to the railroad. "We've got a dike through town and we've got to have some relief," he declared.

Town Attorney Bob Spence sounded a warning about potential liability issues for the town if the government rather than the railroad company enlarges the culvert. "It's not our culvert; it's not our responsibility," he said. "The more you put your hands into it, the more it's your problem."

David Johnson, one of the owners of commercial property damaged by the flooding, urged the town to act, suggesting a moratorium on development in the flood-prone area until the drainage problem is solved. "My property is worthless" under present circumstances, he said. "I want an answer from the town."

In the end, the council didn't order staff to discontinue the process seeking the FEMA grant, while Mr. Spence said he'd look deeper into the potential liability issues facing the town if it goes forward with the project.
REZONING OK'd FOR A WEST SMITHFIELD BUSINESS PARK

The council approved rezoning of 258.52 acres on US 70 Business West near Rogers Drive as a Light Industrial district to allow for development of a proposed West Smithfield Business Park by the Samet Corporation of Raleigh. Chris Johnson, the county economic development director who led an effort to get the property designated as a "Certified Site" by the N.C. Department of Commerce, told the council the Samet Corporation is "very reputable in the industrial sector." Town Planning Director Stephen Wensman said whatever site-development plan comes back to the town for approval will have to include provisions for landscaped buffers adjacent to nearby residences and a drainage plan that protects surrounding properties.


 TOWN ABANDONS UNUSED PORTION OF NINTH STREET

The council removed from the town's street system an unused portion of Ninth Street between Hancock Street and Walgreens, which had cut off the northern end of the street when it built its parking lot several years ago. Planning Director Wensman said the owner of the adjacent vacant property wants to develop the site without the street, although a 30-foot-wide easement will remain in place for the town's underground utilities.


A DRONE-FLYING PARK IN WEST SMITHFIELD?

Brian Eaves, the town's marketing and communications specialist, presented proposals from a committee of town staff and officials working on regulations for operating drones --- technically known as "UAS" or "unmanned aerial systems" --- in Smithfield. Besides rules on where and when individuals may operate drones, the committee recommends designation of the town's Gertrude Johnson Park in West Smithfield as an "Approved UAS Space" where the general public may operate drones as a recreational pursuit. Councilman David Barbour, who represents West Smithfield and serves on the drone committee, suggested the town check first with officials at nearby Johnston Regional Airport before moving ahead with the park proposal. "It's technically illegal to fly drones within five miles of an airport," he noted.


ZONING-ORDINANCE REVISIONS APPROVED AT LAST

After lengthy reviews at two recent meetings, the council approved without further discussion revisions to the town's Unified Development Ordinance sought by Planning Director Stephen Wensman and the town's Planning Board. The biggest change is the addition of "conditional zoning," a relatively new land-use concept in North Carolina that Mr. Wensman has said would provide both citizens and developers a less cumbersome process for putting forth particular projects than the current system requiring special-use permits. Another change will require public notice of rezoning requests before they reach the Planning Board, which would then be relieved of conducting quasi-judicial hearings on certain matters. 


AGENCY HIRED TO COLLECT UNPAID UTILITY CLOSE-OUTS

The council approved a request from Finance Director Greg Siler for a contract with Penn Credit Corporation --- an agency recommended and vetted by the N.C. Local Government Commission --- to collect past-due balances on discontinued utility accounts. Mr. Siler said Penn Credit will charge the town 18% of whatever it collects. The industry average for such services is about 30%, he noted. Mr. Siler said the town normally sees about $85,000 in past-due utility balances each year but collects just $35,000 of that.


ELECTRIC DEPARTMENT TO GET "UNDERGROUND PULLER"

The council approved purchase of a used "underground puller" for the Electric Department for $49,900. Utilities Director Ted Credle said a new model would cost the town more than $170,000. The 2005 Sherman Reilly model being bought from a dealer in Omaha, Nebraska has been used about 360 hours, he noted. It will be put to work by the town to install and re-wire electrical lines placed underground as part of an ongoing project to upgrade the town's system.


WORK VAN PURCHASED FOR THE WATER PLANT

The council approved purchase of a work van for the town's water-treatment plant from Classic Ford, low bidder at $22,546. Even after adding $3,000 for "upfitting" the vehicle, the total cost is well within the $35,000 budgeted this fiscal year for the purchase. The vehicle is a 2019 Transit Connect model.


 TWO APPOINTED TO DOWNTOWN DEVELOPMENT BOARD

The council appointed Troy Brindle and reappointed Benton Sawrey to the Board of Directors of the Downtown Smithfield Development Corporation (DSDC), which oversees activities within a special property-tax district that encompasses Downtown commercial properties. Mr. Brindle operates The Gilded Pear Brew House, a new Downtown business that opened this past year. Mr. Sawrey is a Downtown-based attorney who has been serving as chairman of the DSDC board.
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