1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, JANUARY 8, 2018 7:00 PM Mayor Cindy S. Perry called the meeting to order and asked for a moment of silence and to think about the goals and possibilities the New Year might bring. PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Commissioner Fiocco. ATTENDANCE Members present: Mayor Cindy S. Perry, Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Michael Fiocco and Bett Wilson Foley. Commissioner Jay Farrell excused absent. Staff present: Manager Bryan Gruesbeck, Clerk Alice F. Lloyd, Attorney Paul S. Messick, Jr., Chief of Police Percy Crutchfield, Planning Director Jeff Jones and Engineer Fred Royal. CONSENT AGENDA [ Mayor Perry stated she had spoken with Attorney Messick about some corrections to the December 11, 2017 minutes and he said the best way to address them was to table the minutes until the corrections are made. Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to table the December 11, 2017 minutes until corrections have been made to the minutes. Vote Aye-4 Nay-0 Commissioner Fiocco asked that item #5 be pulled for discussion. Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to approve the balance of the consent agenda removing item #5 to New Business #I .The Consent Agenda contains the following items: 1. Approve Minutes of the December 11 , 2017 regular meeting. (Tabled) 2. Set Public Hearing: Accessory Dwelling Units Text Amendment (ZTA 2017-02) for January 22, 2018. 3. Set Public Hearing for Northwood MUPD Rezoning Request (REZ 2017-04). For January 22, 2018. I 4. Accept FY 2017-2018 Financial Reporting as of November 30, 2017. January 8, 2018 Page 1 5. Authorize Town Manager to finalize an Engineering and Design Contract for Heam Rd Water System Improvements. (Move to New Business #1 for Discussion) Vote Aye-4 Nay-0 CEREMONIAL PRESENTATION OF TOWN ITEMS FROM RANDY VOLLER Former Mayor Randy Voller presented the Board with the following items he found while sorting through papers. He had Steve Shaffer from Farrington to frame the first two items. • The Main Street Award from the State of North Carolina. • Resolutions from US Congress regarding the Historic Courthouse rebuilding after the fire. • DENR recognition for the Town's water reuse program with 3M. Commissioner Foley wished Randy Voller a Happy Birthday. Mayor Perry stated that she and Chief Crutchfield attend the NAACP Jubilee and found out it was first started at Belmont AMEZ Church and that it was nowhere in the records. She said it should be. REGULAR MEETING AGENDA Commissioner Bonitz said he would like to add an item to Old Business for discussion of a Utility Policy he drafted. Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to approve the regular agenda adding discussion of a Utility Policy as Old Business #1 since Mr. Nass will not be at the meeting tonight. Vote Aye-4 Nay-0 CITIZEN'S MATTERS Randy Voller - 21 Randolph Court read a prepared statement: Good Evening Mayor and Board, As you consider your goals for 2018 and beyond, I sincerely hope you will consider the following: 1. Extend the timeframe for the additional elements advisory committee; provide the committee with policy guidance for 2018; replace any members who have resigned and/or do not desire to serve and put the committee to work on behalf of the citizens of Pittsboro. 2. Evaluate the pros and cons of town board districts in Pittsboro and seriously consider expanding the board to seven members which would also give the Mayor a vote. 3. Form a subcommittee and/or a taskforce to evaluate areas in and around the Town that should be educated on the value of annexation such as Firetower Road. (Perhaps this would be an agenda item for a re-christened additional elements committee.) 4. Encourage the County to Place a referendum on the ballot in 2018 and allow the voters to decide on whether Chatham County should expand its board from five (5) to seven (7) members. January 8, 2018 Page 2  There are good and substantial reasons for expanding the board including rapid population growth and the growing demands of the job. The last time the districts were drawn the population was closer to 60,000 people and the districts had approximately12,200 residents-- give or take a few hundred. When these districts were created they utilized the most recent census information from 2010 to create districts that were in accordance with the law: "... board members shall be apportioned to the districts so that the quotients obtained by dividing the population of each district by the number of commissioners apportioned to the district are as nearly equal as practicable. " Today I have some interesting numbers gleaned from the most recent voter registration lists from the Chatham County Board of Elections: DISTRICT ONE: 13,026 registered voters DISTRICT TWO: 10,795 registered voters DISTRICT THREE: 12,022 registered voters I DISTRICT FOUR: DISTRICT FIVE: 8,072 registered voters 7,493 registered voters Given the aforementioned criteria it is interesting how imbalanced the current districts are according to registered voters. And of course evaluating districts with registered voters is an imperfect process and resident aliens and undocumented immigrants count toward population in the census, but still the variances are startling The normal population variance between districts should be approximately 5%, so even accounting for residents/citizens under 18, resident aliens and undocumented residents our current districts are obviously out of balance, which informs the need to add at-large members and/or change our system. Finally, with the growth of Chatham Park and Briar Chapel it just makes good sense to create a system that will allow good representation while the Town and County are growing. COMMISSIONER UPDATES Mayor Updates - Mayor Perry said due to the holidays she had only attended the NAACP Jubilee she mentioned earlier. January 8, 2018 Page 3  • EDC • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments • Main Street • Climate Change - Commissioner Bonitz said Climate Change meeting was postponed. OLDBUSINES DISCUSSION OF UTILITY POLICY (COMMISSIONER BONITZ) Commissioner Bonitz said the Board made edits to the Wastewater Capacity Agreement and they need to make sure to get them right in the minutes. He has prepared a Resolution for the board's consideration. Mayor Perry stated since they just received it tonight could he read it. Commissioner Bonitz read the following proposed resolution: RESOLUTION MAKING A STATEMENT OF PRINCIPLES REGARDING UTILITY INFRASTRUCTURE WHEREAS, the Town of Pittsboro is responsible for many aspects of the utility infrastructure for the town's citizens, including: 1. The operation and maintenance of systems; 2. Keeping the operating permits in compliance; 3. Keeping the finances of utilities in balance and/or beneficial to the Town and current ratepayers; 4. Keeping infrastructure equipment in a safe and efficient order; 5. Keeping the cost of utilities at a rate reasonable and manageable by the citizens and current ratepayers of the town; 6. In keeping with the public interest. WHEREAS, the Town has always required new development infrastructure to be paid for by the developer, and reimbursement made to that developer when the Town adds users to that system; WHEREAS, the systems proposed are complex and long-term, and need the scrutiny of experts to determine if the Town of Pittsboro is making a decision which is appropriate to the responsibilities listed above; NOW, THEREFORE, the Board of Commissioners agrees that the future implementation of the utility systems shall be submitted to an independent authority for examination, and the results of that examination brought back to the Board and the public, and that the process shall be January 8, 2018 Page 4 examined in the light of the responsibilities of the Board listed above and the public input received. Commissioner Bonitz said he don' t want to slow progress. He said he would like for Mr. Holland (former OWASA employee) and Mr. Davis to review projects. Commissioner Fiocco said he don't think we need to vote on this tonight since they just received it. He feels we should ask Davenport to come back and make a report. Commissioner Bonitz asked Manager Gruesbeck if he had relayed to the State that the Board had agreed to an agreement. Manager Gruesbeck said he communicated with Wooten who communicated it to the State. Commissioner Foley said she has concerns that current ratepayers should not have to pay for this. Commissioner Fiocco said we have received a lot of third party input. Commissioner Foley said the citizenry is not as informed as they should be. Attorney Messick said that the second whereas is erroneous and did not know what it means as written or how staff can implement it. After much discussion the board agreed to have Davenport come back as soon as possible with a written response to the Wastewater Treatment Capacity Agreement with an analysis of the financial agreement and that this information be written. Commissioner Bonitz withdrew his resolution. Commissioner Foley asked that the newspaper be notified when Davenport is coming to give the report. LATINO INITIATIVE PRESENTATION (LORENA PATTERSON) Ms. Lorena Patterson is the Director of Latino Initiative was present tonight to talk about Economic Workforce Development. Ms. Patterson's power point presentation can be found at: http://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={ CF A36897-5Fl 7-4590-A9C0-79C619F33C60} (GGNC PowerPoint Ll - 2018 Eco-Workforce) After Ms. Patterson's presentation she asked Randy Voller ifhe would like to say something. Mr. Voller spoke about the program. FY 2016-2017 AUDIT PRESENTATION (JAYE. SHARPE; RIVES & ASSOCIATES) January 8, 2018 Page 5 Mr. Sharpe gave a power point presentation which can be found at: http://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={CF A36897-5Fl 7-4590-A9C0-79C619F33C60} (Audit Presentation) Mr. Sharpe reported the Town is in sound financial shape. Commissioner Bonitz asked if we could have comparisons going back a decade next year. Mr. Sharpe said he has about four years. Ms. Meacham said she could provide him with the additional years. Commissioner Bonitz thanked Ms. Meacham for a job well done. CHATHAM PARK MASTER PLAN ADDITIONAL ELEMENTS - GENERAL PROVISIONS AND DEFINITIONS AND LANDSCAPING. (JEFF JONES) Planning Director Jeff Jones said at the December meeting the Board shared additional comments regard the Landscaping and General Provision Elements and the applicant agreed to modify those Elements. The applicant is present if there are any questions. Mr. Jones said the Tree Protection and Stormwater Elements are still under review by Town Staff. Commissioner Fiocco said Commissioner Farrell contacted him earlier today and he is satisfied with the changes made to the elements. Commissioner Bonitz said he is okay with approving the General Provision Element. But the Landscaping Element has changed significantly and has new content. After discussion about the changes the following items were asked to be changed: Landscaping - Page 3; C (2) - delete "if the" start with Perimeter Commissioner Fiocco stated he had two pages of comments and they done a good job addressing his comments. Mr. Eagle said they have notice several typo's that they will need to correct in the document. Commissioner Foley said she needs more time to review the changes. Commissioner Bonitz said he has questions for Chuck Smith and he will draft them and send them to Mr. Smith. Commissioner Foley said it would be good if they are sent to everyone. Page 7 - Class 5 - 50,000 twice Page 8 - Item 4 - five lines down- should read" ... and it shall "be depicted and noted on and " January 8, 2018 Page 6  Page 9 - three lines down references Chatham it should be Chatham Park - further down "Determination of Buffer width" should read "Determining Perimeter Buffer" and the paragraph is 4 not 3. Page 19 - Section 3 - Mr. Eagle agreed some revisions need to be made. He will have to confer with Chuck Smith on this and can't say what they will be right now. Page 20 - 4(C) strike streets right-of-way. Page 33 - Trash containers being 50% screened. Mr. Eagle said that is another discussion for Chuck Smith-he can't remember why it is written that way. Questioned why is only cardboard called out - Mr. Eagle said they would look at that as well. Page 37 - 3 b line 2 seconded line close to the end has an extra "be". Page 39 - 2nd paragraph 4th line - that completed be replaced with installed. Mr. Eagle said if any other Commissioner has comments they would like to submit to Chuck Smith they are welcomed to do so. Commissioner Foley said she has some to submit as well. General Provision - after discussion a motion was made by Commissioner Bonitz seconded by Commissioner Fiocco to approve A Resolution Approving Certain Additional Elements to the Chatham Park Planned Development District Master Plan (General Provisions & Definitions) r (CPMA-2016-09) as presented. Vote Aye-4 Nay-0 A RESOLUTION APPROVING CERTAIN ADDITIONAL ELEMENTS TO THE CHATHAM PARK PLANNED DEVELOPMENT DISTRICT MASTER PLAN (GENERAL PROVISIONS & DEFINITIONS) (CPMA-2016-09) IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES NEW BUSINESS HEARN ROAD WATER SYSTEM IMPROVEMENTS Commissioner Fiocco said he would like a study be conducted for the Hearn Road water system. The RFQ is to install a 6" line. He said an 8" line will provide twice the flow for just a little more money. There is going to be a lot of development in that area in the future . He also mentioned that Hydrostructures had prepared an Engineering Report in 2007 Entitled Hydraulic Model Update and Planning Study which showed a 12" water line in this location in order to serve future development in the area. He noted that Section 1.1 of Chatham Park is very near and should be considered when sizing this line. Jeff Jones, stated that Fred Royal thought he could fold the comments made tonight into the contract. January 8, 2018 Page 7 After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Baldwin to authorize the Town Manager to finalize an Engineering and Design Contract for Heam Road Water System Improvements. Vote Aye-4 Nay-0 CHATHAM COUNTY COMMUNITY PARTNERSHIP INITIATIVE APPOINTMENT (BRYAN GRUESBECK) Manager Gruesbeck said the Chatham County Board of Commissioners has requested that each Town appoint a member to the task force. The appointment does not have to be a Board member. Commissioner Foley said she would like to serve as the Town's representative and Commissioner Bonitz said he would like to serve as her alternate. Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to appoint Commissioner Foley as the Town Representative on the Community Partnership Initiative and Commissioner Bonitz as the Town Alternate. Vote Aye-4 Nay-0 PLANNING BOARD MEMBER APPOINTMENTS (JEFF JONES) Planning Director Jeff Jones stated on December 31, 2017 the terms of three Planning Board Members expired. We received applications from the three members whose term expired (Alfreda Alston- In Town Member; Karl Shaffer- In Town Member and Steve Cockman- In Town Alternate) as well as applications from Kyle Shipp and Conner Tomlinson. The Board agreed they were all very good candidates. But after a discussion a motion was made by Commissioner Fiocco seconded by Commissioner Baldwin to re-appoint the three incumbents. Vote Aye-4 Nay-0 The Board wanted to get the other two applicants involved as well. Jeff Jones said there is an opening on the Park and Recreation Advisory Board. STRATEGIC PLANNING SESSION (BRYAN GRUESBECK) Manager Gruesbeck asked the board to select a time and date for the Annual Budget Strategic Planning Retreat. After much discussion the Board agreed to February 19, 2018 at 8 am. Commissioner Bonitz stated he will check to see if we can get Celebrity Dairy's meeting room free of charge. Manager Gruesbeck is to contact David Long to see ifhe is available of February 19, 2018. The Board is to prepare written comments/wish list for Mr. Long as well as sending it to staff. Staff will also submit written comments to the Board. ADDITIONAL UPDATES AND REPORTS January 8, 2018 Page 8  MANAGER'S UPDATE ON PROJECTS Weather • Unexpected weather. As late as Wednesday afternoon, we were told that weather would miss this area. • Cold temps made it difficult for salt to impact ice. Especially in shady areas. • Focus is on intersections and busier Town streets. Hearn Road • Recommendation for firm. • Approx. 1,5000' iron pipe; 2 hydrants/valves; 20 water service connections Impact Fees/System Development Fees • Interviewing firms. Affordable Housing Advisory Committee • January meeting canceled. • Next meeting: February 1, 2018. Retreat - date was set tonight. l New Town Hall • Working on Space Use. Electric Vehicle Charging Stations • Meeting with Charge Point tomorrow. • Possibly looking at two (2) Town locations. EDC Joint Elected Officials Meeting • Scheduled for February 8, 2018 at the Chatham County Agriculture Center. Water Main Break • Break at the Circle opened on Friday. • Completed by midnight by SKC. Main Street Memorandum of Understanding • Reviewing a draft MOU to provide increased flexibility to Small Town Main Street group. Upcoming Meetings - January 22, 2018 • Financial Report. • Mosaic "A" Annexation Petition. January 8, 2018 Page 9  • Hearn Rd W atermain Design Contract. • Mosaic "A" Subdivision. • Additional Elements. • Set FY 2018-2019 Budget Calendar. • System Development Fees Analysis Contract. February 12, 2018 • Parks and Rec Master Plan Findings. • Additional Elements February 26, 2018 • Financial Report. COMMISSIONER CONCERNS Commissioner Foley said on her way back for Raleigh she noticed the very large pipe going to the lake and wondered what it was. Attorney Messick said it is Cary's water line. Manager Gruesbeck said he can find out what's going on. Commissioner Fiocco said he was on his run this evening and noticed a car not even stop at the stop sign at the comer of Mr. Messick's office. He noticed there is a very large tree obstructing the stop sign. He asked that staff look at this. Commissioner Baldwin wanted to thank Town Staff for all getting roads clean and even working on Sunday as well. Commissioner Bonitz asked that the Manager's Updates be posted electronically. He asked the status of NP DES permit appraisal. Commissioner Bonitz asked about the difference between revenue and expenditures for Chatham Park on the Financial Summary Report-how did that come about. (Ms. Meacham had left) Manager Gruesbeck said he will follow up on that. Commissioner Bonitz asked Manager Gruesbeck if he had discretion to move funds and if so he wondered if funds from the vacant position could be moved to fund the Utility Engineer they talked about at budget time. Commissioner Bonitz said he still has concerns about the proposed development on East Street. He wanted to know how we can expedite the review of the Master Plan for the Downtown area. What do we do about this problem in the downtown area? Commissioner Fiocco said the UDO will help and the Main Street Design Committee is working on it as well. Mr. Jones said that Victoria has been working on to determine what parcels don't match up to the Land Use Plan. The said there are 37 parcels that do not match up. He said the Town can involuntarily rezone the property if they choose, but that is not very popular. He said once Victoria has the information compiled he will share it with the Board. January 8, 2018 Page 10  CLOSED SESSION Motion made by Commissioner Fiocco seconded by Commissioner Foley to go into closed session pursuant to NCGS 143-318. ll(a)(S) and NCGS 143-318(a)(3) to discuss the purchase of real estate and to consult with the Town Attorney. Vote Aye-4 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to go out of closed sess10n. Vote Aye-4 Nay-0 ADJOURNMENT Motion made by Commissioner Fiocco seconded by Commissioner Bonitz to adjourn at 10: 19 pm. Vote Aye-4 Nay-0 ATTEST: /d!t;;d~/t~ Town Clerk January 8, 2018 Page 11