6376  The Smithfield' Town Council held a Special Meeting on Tuesday, August 30, 2022 at6 6:30 pmi int the  Council Chambers oft the Smithfield' Town Hall. Mayor M. Andy Moore presided.  Councilmen Present: Mayor Pro-Tem Dunn Marlon Lee - District1 Sloan Stevens, District2 Travis Scott, District3 Dr. David Barbour, District4 Stephen Rabil, At-Large Alsol In Attendance Bob Spence, Town Attorney I. Call to Order  Councilmen Absent Roger Wood, At-Large  Administrative Staff Present Michael Scott, Town Manager Ted Credle, Public Utilities Director Gary Johnson, Parks and Recreation Director Shannan Parrish, Town Clerk Stephen Wensman, Planning! Director  Mayor Moore calledt the meeting to order at 6:30 pm  II. Approval of the Agenda amendment: Unanimously approved. III. Topics of Discussion  Councilman Stevens made a motion, seconded by Councilman Barbour, to approve the agenda with the following  Add to the Closed Session Statute subsection (6).  1. Discussion concerning amendments to the Town's Code of Ordinance: Article IV Chapter 5' "Buildings and Building Regulations", Article V Chapter 5' Commercial Building Maintenance and Appearance Regulations" and Chapter 8 Garbage, Trash and Refuse Town Attorney Bob Spence explained the proposed ordinance amendments werel before the Council for discussion purposes only. The Ordinances could not be adopted without a public hearing. He explained the Town can act on nuisance buildings, but the section int the administrative code were outdated and quoted obsolete State Statute. Also, with the State's adoption of 160D, the With 160D-1119 and 1129, it allows Town to pass Ordinances to set standards for commercial buildings. The proposed building code will reference the current state statutes. By adopting those standards, the Town would have those resources available to use ifite ever needed to. Mr. Spence explained the Minimum Housing Code was also outdated and needed to follow the new state statute. This allows for repairs unless the cost of repairs exceeds 50% of the value. Mr. Spence explained 160D-1119 Condemnation of Unsafe Buildings. The proposed amendments tot the Town Ordinance will nowi follow the state statute. This will allow for the property owner to Article 5 Commercial Buildings: Mr. Spence explained the proposed ordinance amendments would follow thes state statute." Thes state statute does applyt tor residential properties, but he was proposing to apply it onlyt to commercial property. Mr. Spence explained the community development target area andt the certified action that could be taken by Council as referenced in NCGS 160D-1119(c). This allows the Town to bring its Code into compliance with state law. Mr. Spence explained the process for adopting the proposed Ordinances. The Town Manager explained the Council could not Councilman Scott stated he had some concerns because the proposed ordinance referenced misdemeanor charges. Mr. Spence responded that it only related to commercial buildings and it was included because state statute allows it. Mr. Spence stated it was the intent not to charge someone with a misdemeanor, but to leverage that so the property would be repaired. Chapter 8: Garbage: Mr. Spence explained the minimum housing standards have been updated and the proposed ordinance amendment would mirrort the state statute. Mr. Spence further stated these updates were not meant to cause any harm to anyone, but to simply force people to clean up their properties. Mr. Spence informed the Council that since these were amendments to the Administrative Code of Ordinances, they wouldr not be reviewed by the Planning Board. They would Mayor Moore asked the Council to review allt the information provided and send any questions or Parks and Recreation Director Gary Johnson explained this issue was first introduced during the budget sessions. He explained the Town currently assesses af fee of 1/57th of the appraised value of the property per acre per unit for park in lieu fees. With the adoption of NCGS 160D, the fee  administrative code had to be updated.  maker repairs, buti it outlines a procedure that must be followed.  legally adopt these ordinances without proper notice and a public hearing.  appear on the Council's October agenda. concerns tot the Town Attorney ort the Town Manager 2. Discussion concerning Parki in Lieu Fees    6377  should be assessed on the taxed value and not the appraised value. The calculation is based on Councilman Stevens stated this needed to be investigated because the Town would have toi fund Mayor Moore asked ift the proposed change allows for the developer to receive credit for aj private park. He stated he did not agree with providing credit to a developer for a private park. Mr. Wensman stated the park dedication is used for public parks not private parks. The Council was given two methods of calculating parki in lieu fees based on the statute. One was where a certain percentage of the tax value of the property was collected as a fee. The other method was at fee determined by the code required square footage of opens space multiplied by the tax value of the property. Also, alternative percentages of tax value were evaluated as potential Councilman: Scott questioned if staff could calculate a! 5% or 7% oft thet tax value. Staff will provide Councilman Stevens asked what was the process for updating the Park in Lieu fees. Mr. Wensman explained since this was al UDO amendment, itv would bet taken to the Planning Board and then to Mayor Moore encouraged the Council to discuss any issues with the Planning Director before it was Town Manager Michael Scotte explained thatt this issue has been discussed before. Stormwater issues are not improving andt the Council should consider moving forward with the ERU Study. Planning Director Stephen Wensman explained there was a grant the Town was interested in, andi it would be competitive, but the Council needed top pass a resolution committing to Councilman Scott statedt that stormwater was a real issue and some action needed to bei taken. Councilman Scott made a motion, seconded by Council Barbour, to adopt Resolution 709 BYTOWN OF SMITHFIELD TO DEVELOP, AND IMPLEMENTAI NEW STORMWATER WHEREAS, North Carolina General Assembly (NCGA) Session Law 2021-180 Section 12.14 established the Local Assistance for Stormwater Infrastructure Investments (LASII) Fund as a special fundi int the Department of Environmental Quality to provide grants to eligible entities as defined int the Session Law for projects that will improve or create infrastructure for controlling WHEREAS, The Town of Smithfield intendst tor request, or to partner with a Council of Government or non-profit entity tor request, LASII grant assistance to develop andi implementa new stormwater utility int the Town of Smithfield ina project described as Smithfield Stormwater WHEREAS, The Town of Smithfield does not have as stormwater utility with a stormwater NOW THEREFORE BE IT RESOLVED, BY THE TOWN COUNCIL OFT THE TOWN OF That Town of Smithfield will develop and implement a Stormwater Utility by providing staff and resources as determined by the project described above before the completion oft the project. That Town of Smithfield will establish a Stormwater Enterprise Fund before the completion of the That Town of Smithfield will adopt and place into effect on, before, or upon completion of the projectas schedule off fees and charges and other availablef funds which will provide adequate funds for the Stormwater Enterprise Fund and for the proper operation, maintenance, and administration That Michael Scott, Town Manager, the Authorized Official, and successors so titled, is hereby authorized to execute and file an application on behalf oft the Town of Smithfield with the State of North Carolina for a grant to aid in the development and implementation of a new stormwater  the tax value, the density and how the density would affect parks.  future park space.  changes. Those percentages were 1.75%, 2.25% and: 3%.  those figures tot the Council.  the Council for consideration and approval. introduced tot the Planning Board ati its October meeting.  3. Discussion concerning Storm Water and Storm Water Funding  implementing as stormwater enterprise fund.  (18-2022). Unanimously approved.  RESOLUTIONI No.709/(18-2022) UTILITY WITH STORMWATER ENTERPRISE FUND  stormwater quantity and quality, and Utility and Mapping Project, and Enterprise Funda att the time of application,  SMITHFIELD:  project described above. oft the Stormwater Utility.  utility project described above.    6378  That the Authorized Official, and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such application ort the project: tor maket the assurances as contained above; andt to execute such other Thatt the Town of Smithfield has substantially complied or will: substantially comply with allF Federal, State, and local laws, rules, regulations, and ordinances applicable to the project and to Federal  documents as may be required in connection with the application.  and State grants and loans pertaining thereto.  IV. Closed Session Pursuant to NCGS 143-318.11 (a)(5)&(6) aforementioned statutes. Unanimously: approved at 8:08 pm.  Councilman Rabil made ar motion, seconded by Councilman Stevens, to enteri into Closed Session pursuant to the Councilman Barbour made a motion, seconded by Councilman Rabil, to reconvene in open session. Unanimously Having not further business, Councilman Barbour made a motion, seconded by Mayor Pro-Tem Dunn, to adjourn  V. Reconvene in Open Session approved at 10:23 pm.  VI. Adjourn  the meeting. The meeting adjourned ata approximately 10:24 pm.  R  OFSHTA I  M.Andy Mooré, Mayor  Shannant-Parrish, Town Clerk Sabak