1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, FEBRUARY 12, 2018 7:00 PM Mayor Cindy S. Perry called the meeting to order and asked for a moment of silence. PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Commissioner Farrell. ATTENDANCE Members present: Mayor Cindy S. Perry, Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Jay Farrell, Michael Fiocco and Bett Wilson Foley. Staff present: Manager Bryan Gruesbeck, Clerk Alice F. Lloyd, Attorney Paul S. Messick, Jr., Planner II Victoria Bailiff, Planning Director Jeff Jones, Chief of Police Percy Crutchfield, Parks Planner Paul Home and Engineer Fred Royal. CONSENT AGENDA I Commissioner Fiocco asked that #5 be removed to Old Business #1. Commissioner Baldwin asked that a Special Item be added after the Parks Presentation. Motion made by Commissioner Foley seconded by Commissioner Fiocco to approve the consent and regular agenda with the above mentioned changes. The Consent Agenda contains the following items: I. Approve Minutes of the January 22, 2018 regular meeting. 2. Set Public Hearing for March 12, 2018 at 7 pm and approve a Resolution oflntent on the abandonment of a portion of Old Raleigh Rd (ROW-2018-01). 3. Approve Resolution to Temporarily Close Masonic and Chatham Streets. 4. Accept FY 2017-2018 Financial Reporting as of December 31, 2017. 5. Approve Hearne Rd Water Main Replacement Project Scope of Services with Hydrostructures. (Moved to Old Business #1) 6. Approve Ordinance Establishing Capital Project Budget for Hearne Rd Watermain Replacement Project. Approve request from Pittsboro Business Association (PBA)/First Sunday to allow use of Town parking lot at 50 W. Salisbury St. two (2) caveats: February 12, 2018 Minutes Page 1  1) Future construction or demolition may limit the safe use of the property. 2) Alcohol use is prohibited on the property. 7. Approve Sewer Allocation Request - Harold Cotton/Parcel 7659 for 360 gallons per day. 8. Approve Sewer Allocation Request for Habitat for Humanity/Roberts Run Subdivision for 1,080 gpd. 9. Approve Request for Qualifications (RFQ) for Public Water Supply and Treatment Expansion Study. Vote Aye-5 Nay-0 A RESOLUTION OF INTENT TO ABANDON A PORTION OF OLD RALEIGH ROAD (ROW-2018-01) IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 47-50 A RESOLUTION TEMPORARILY CLOSING MASONIC AND CHATHAM STREET IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 51 AN ORDINANCE ESTABLISHING A CAPITAL PROJECT BUDGET FOR HEARNE ROAD WATERMAIN REPLACEMENT PROJECT IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 2 REGULAR MEETING AGENDA CITIZEN'S MATTERS Paul Baragona- 87 N. Wickham - spoke about the proposed apartment complex in Powell Place. He is concerned about the increased traffic on Millbrook the road is already too narrow. He would like for the developer to build a new road so Millbrook want have to be used at all. If that can't be done - that residents on Millbrook not park on the street doing rush hour times. Peter Theye - 1065 Boothe Hill Road - Stated during previous public meetings he had spoken on sedimentation and erosion control during construction of Chatham Park. He was assured that it would not happen. He has been documenting off site sedimentation (after almost every rain) in the Haven Creek wetlands and has been shocked every time by what he found. He was not told the truth. He asked the board to please protect the stream. Karen Hall - 4157 Alston Chapel Road - spoke about Day Light Streams. She said they are working with the Town of Siler City in the Park Shopping Center (close to Piggly Wiggly). She wanted to bring the idea to Pittsboro because the Old Ford Lot has been built on a stream. It would be a little bit of open space and a linear park. Emily Sutton- 143 Bynum Hill -Haw River Keeper - referenced the photos from Peter Theye. She said that Havens Creek wetlands have been affected and has been filled with sedimentation during the construction of Chatham Park. Please protect our streams. February 12, 2018 Minutes Page 2  Howard fifer - 653 Spindlewood - said he has lived here about a year. He spoke about the monument in front of the courthouse. He said that it should be removed from the Town's public ' I land. Lisa Clement - 615 Millbrook - said she is not against development at all. She has safety concerns of the ability of Millbrook to handle this additional traffic. She said at the public information meeting the design drawing was generic and she would like to see a design that it designed into the existing neighborhood. Judy Betterton - 615 Millbrook - said there is one long road that comes into Powell Place and it already has traffic issues and safety concerns that will be compounded with the additional vehicles traveling the road with the Apartments. There are concerns about emergency vehicles getting in and residents getting out in case of emergencies. She presented a petition from residents against the proposed apartments. Petition opposing the proposed 264-unit apartment complex at Powell Place can be viewed at: http://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={24A9153D-FA33-4BF3-89EA-AB5A7E8C7588} (Petition Opposing Powell Place Apartments 021218) Tanya Papandrea - 45 Evandale Lane - said she has concerns about traffic on Millbrook and ask that a Traffic Study be done before it happens. Her main concern is that there is only one entry and one exit. She would like to see the buffers follow architectural guidelines. She stated there is not enough parking spaces proposed for the complex and she would like to see the developers I provide extra parking spaces on some of their land. Efrain Ramirez-250 Town Lake - spoke on the email he had sent to the board previously on the appearance of the Town. Debbie Tunnell - 282 Moore Mountain Road - read the following prepared statement: The Town of Pittsboro's Land Use Plan speaks to the Conservation area along the Haw River including floodplains and the designated 2,000 foot wide buffer. This buffer is consistent with Chatham County's low-density stream buffers, which limits density to one house per five acres. Development is discouraged within this area. The public is waiting to observe the Towns' Board holding to this. We are astonished that the Board members are not able to stand behind Pittsboro's own Land Use Plan. The US Fish & Wildlife Service sent multiple letters to the Town of Pittsboro on the Chatham Park Master Plan in relation to protection of endangered species and habitat, especially along the banks of the Haw River. It appears that the revised Stormwater, Tress Protection and Open Space Additional Elements will not meet the condition of zero hydro graphic change. What's the impact of new development, even at one house per five acres, as it drains into the Haw River? Will you be permitting disturbance and destruction within this 2000' area along the river in contrast to holding to the Land Use Plan? The public is depending on you, our leaders, to be good stewards and protectors of our natural resources. Life within this ecosystem is critical and we are all a part of that ecosystem and its watershed. The rural characteristics of Chatham February 12, 2018 Minutes Page 3 County and Pittsboro should be valued beyond the profit of one party. This ecosystem along the river is well worth protecting for your citizens and the generations to come. Will you as Board use these Stormwater, Tree Protection and Open Space Elements to reinforce and show your intentions, through voting and guiding these Elements and the UDO, to reach the goal to be exceptional and exemplary? The Town of Pittsboro promised to protect this critical area in the Pittsboro Land Use Plan - so do it, keep the promise and adopted Plan. Hold to the 2000 foot Conservation area buffer along the Haw within all Elements. You need to Plan, Stand & Follow through on this. Then Pittsboro can truly participate with Chatham Park to create a Live, Play & Work city that is exemplary and serves all. PETITION OPPOSING POWELL PLACE APARTMENT COMPLEX IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 52-66 COMMISSIONER UPDATES Mayor Updates - Mayor Perry said she has done the following: • Had weekly meetings with the Town Manager. • Met with Powell Place residents. • Met with Roberson Creek Watershed Group • Attended a Chatham County History event and session. • Met with concerned citizens and developer of Eagle service gas station. • Attended Chatham Affordable Housing meeting. • Met with TARPO Group. • Met with Powell Place Developer • Attended a Keep America Beautiful event. • Attended the Chocolate Cake Bake Off • EDC • RPO • Fairground Association • PBA/Downtown - Commissioner Fiocco said the PBA has made a request to use the town parking lot on the First Sunday of the month. • Triangle J Council of Governments • Main Street - Commissioner Fiocco said the Main Street Committee will be giving an update tonight. • Climate Change - Commissioner Bonitz stated the Climate Change Committee met and the Action Plan has been finalized. He will get a copy of the Action Plan to the Board for their review. He mentioned to the group that this Board had approved a resolution on Carbon fee and Dividends. Commissioner Foley said several of them attended the EDC Joint Elected Officials meeting. OLD BUSINESS HEARNE RD WATER MAIN REPLACEMENT PROJECT SCOPE OF SERVICES WITH HYDROSTRUCTURES February 12, 2018 Minutes Page 4  Commissioner Fiocco asked if the 8" line is a result of the study he asked to be done on this project. Mr. Royal said he spoke to Hydrostructures (they did the long term study) and was told r it was based on an older Land Use Plan that is no longer in place. He also spoke with the developer and was told they have no plans to put a 12" line in that area. Commissioner Fiocco thanked staff for looking into that. Motion made by Commissioner Fiocco seconded by Commissioner Farrell to authorize the Town Manager to finalize a contract with Hydrostructures for Hearne Road Water System Improvements. Vote Aye-5 Nay-0 MAIN ST PITTSBORO UPDATE (MARIA PARKER-LEWIS) Maria Parker-Lewis thanked the Board for all their support and went over the PowerPoint Presentation. Main Street PowerPoint Presentation can be found at: http://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- IBAC76976EB0}&DE={24A9153D-FA33-4BF3-89EA-AB5A7E8C7588} (Main Street Update) TEXT AMENDMENT REQUEST (ZTA-2017-02) FOR ACCESSORY DWELLING UNITS (VICTORIA BAILIFF) r Victoria Bailiff, Planner II stated that Randy Voller and Lesley Landis have requested an amendment to the Table of Uses in the Pittsboro Zoning Ordinance. Currently, Accessory Dwelling Units are required to obtain a special use permit in the R-A, R-A2, R-A5, R-10, R-12, R-12M, and 0-1 zoning districts. The Zoning Ordinance defines an Accessory Dwelling Unit as "a dwelling unit that exists either as part of a principal dwelling or as an accessory building, and is secondary and incidental to the use of the property as single-family residential." The applicants have requested a text amendment to allow Accessory Dwelling Units to be "permitted by right" in zoning districts R-A, R-A2, R-A5, R-10, R-12, R-12M, R-15, and 0-1. The Planning Board recommended to approve (5-0) this proposed text amendment at its meeting on February 5, 2018. A Public Hearing was held on January 22, 2018 at which no citizen spoke. After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Foley to approve the Consistency Statement. Vote Aye-5 Nay-0 Motion made by Commissioner Baldwin seconded by Commissioner Foley to approve the Ordinance Amending the Zoning Ordinance -ZTA-2017-02. Vote Aye-5 Nay-0 A RESOLUTION ADOPTING A CONSISTENCY STATEMENT FOR AN AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO February 12, 2018 Minutes Page 5 ACCESSORY DWELLING UNITS ZT A-2017-02 IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 67 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 3-4 PARKS PLAN UPDATE (PAUL HORNE) Mayor Perry thanked the Steering Committee and Advisory Board for the work they put into this plan. Parks Planner Paul Home said the document was included in the agenda packets that went out last week. He said the next step is to schedule a BOC Work Session and he is looking at March 5 or 6, 2018. Park Plan can be found at: http://pittsboronc.gov/index.asp?Type= B BASIC&SEC= {4 DD4 D0A9-D93B-4 E92-8B2B- 1BAC76976EB0}&DE={24A9153D-FA33-4BF3-89EA-AB5A 7E8C7588} (Parks Plan Ch. 1-4 draft) After discussion the Board scheduled a Worksession on the Parks and Recreation Master Plan for March 6, 2018 at 6:30 pm at Town Hall. SPECIAL RECOGNITION Mayor Perry said they realize that tonight will be the last presentation they will receive from Fred Royal. She recognized him for his services to the Town and presented him with a card of thanks from the Board. She congratulated him on his new job in Wilmington and his upcoming marriage in April. Mr. Royal said his mom is present tonight and he wanted to thank her for coming. CHATHAM PARK MASTER PLAN ADDITIONAL ELEMENTS - STORMWATER (FRED ROYAL) Planning Director Jeff Jones said tonight we will be discussing the Stormwater Element. Mr. Royal will be leaving us this week and he has put so much time into drafting the Stormwater Element that he wanted his to present it tonight. Mr. Jones gave an overview of the process thus far. Engineer Fred Royal went over the memorandum that was submitted in the agenda packet. Exceptional Design Evaluation This document describes the theory behind quantifying environmental excellence or exceptional design in terms of water quality protection. February 12, 2018 Minutes Page 6  It is recommended that permitting stormwater in Chatham Park (CP) include providing a standardized score tracking form with the other required stormwater application materials. This form should include at a minimum, sub-watershed identification, current score at the discharge location and revised score based on the project. CP should also provide the Town a PDF watershed map quarterly, showing the score and development footprint permitted to date of each sub-watershed. This approach may assist with future development planning discussion between CP and Town Staff. Critical Environmental Resource Preservation The proposed scoring will achieve the highest points for avoiding direct impacts to streams, wetlands and waterbodies. While these features, along with stream buffers represent the highest priority, it is recommended to have CP perform a test of this model in a sub-watershed where development is occurring, or preparing to occur, to see the outcome of this model. At this time the model is still theoretical and should be "road tested" before Town final approval of the Design Manual (DM) document. This could be a condition of the DM final approval. Stormwater Additional Element The Stormwater Additional Element appears to be adequate in describing the requirements of CP related to meeting the Exceptional Design requirements. The required performance standards are volume (control and treat the first 1" of runoff volume), limit total nitrogen and total phosphorous voluntarily by not exceeding 3.8 and 1.43 lbs/acre/yr respectively; and meeting the 85% TSS average annual removal. Note: 85% TSS is no longer a r NCDEQ recognized standard. The Minimum Design Criteria (MDC) recognizes primary Stormwater Control Measures (SCM) and secondary SCMs to meet this standard. This MDC standard should be referenced in the Element. Note: It is anticipated that the Town's Stormwater Ordinance revision will include MDC as the new standard. The Stormwater Element is designed to describe the minimum performance standards, the administrative process to achieve compliance and to identify "critical environmental resources" to preserve, as stated in the Master Plan. This language appears to meet these standards. Conclusion The Design Manual, including the Exceptional Design Evaluation documents, are critical to monitor and modify as necessary as the theoretical model is put into practice. Making any changes to these documents is recommended be an administrative procedure, with approval by the Town Manager, who may notify the Town Board of Commissioners of the proposed edits and elicit comments on a case-by-case basis before approval. Recommendation Staff recommends that the Board of Commissioners adopt the Stormwater Additional Element and the Design Manual conditionally. The recommended DM condition is for CP to perform a February 12, 2018 Minutes Page 7 sub-watershed evaluation to test and present findings of the efficacy and actual critical resource protections prior final adoption. It is recommended to allow for one year for CP to develop and test this evaluation. Additional Elements - Stormwater can be found at: http://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4DOA9-D93B-4E92-8B2B- 1BAC76976EBO}&DE={24A9153D-FA33-4BF3-89EA-AB5A 7E8C7588} Mayor Perry and Commissioner Foley agreed with Mr. Royal that the legislative language needs to be in the element. Mr. Ken Eagle said he thinks it was just a misunderstanding he thought Mr. Royal wanted it out. They can put some of it back. Just let them know what you want back. There was much discussion about the point system. Commissioner Foley said she feels that Chatham Park should perform a sub-watershed evaluation to test and present findings to the board in six months the first year and yearly thereafter. Mayor Perry said she would like to see - Site Stabilization - truck wash station, hydro mulch used and super silt fence. Motion made by Commissioner Fiocco seconded by Commissioner Bonitz to take a five minute break. Vote Aye-5 Nay-0 Motion made by Commissioner Bonitz seconded by Commissioner Fiocco to go back into session. Vote Aye-5 Nay-0 Mayor Perry said during the break the lateness of the meeting was discussed and she wondered if the board wanted to move forward. Commissioner Fiocco said he spent the weekend going over the documents and preparing questions and he would like to go ahead. Commissioner Farrell said he would like for Hydrostructures to review the Element and come back to the Board in two weeks with questions and answers. Tim Smith (Chatham Park) said he would like to get all the questions so they can address all the questions and bring it back in two weeks. He said he has asked many times to email the questions to them so they have the answers for the meeting. Commissioner Bonitz said there are many changes and he is too tired to continue. Commissioner Baldwin said she was too. Commissioner Fiocco said he will put his questions in writing tomorrow and send them to the Board. The Board agreed they wanted to hear Commissioner Fiocco questions. Commissioner Fiocco went over this questions/comments on the Element and then the Design Manual. February 12, 2018 Minutes Page 8  NEW BUSINESS r I CHATHAM PARK ADDITIONAL ELEMENTS - AFFORDABLE HOUSING TASK I FORCE Mayor Perry said the Board had discussed having an Affordable Housing Task Force for the Chatham Park Additional Elements. She said she has asked several individuals if they would serve and they have agreed to serve on the committee. They are: Alfreda Alston, Brian Taylor (Planning Board), Chuck Smith and Tim Smith (Chatham Park Investors); Jerry Whortan (Chatham Habitat); Jim Nass (Facilitator) and Pamela Baldwin and Michael Fiocco (Board of Commissioners). Mayor Perry said she would like to also appoint someone from the community. Commissioner Bonitz suggested Susan Levy to see if she would be interested in serving as well. Commissioner Foley suggested a representative from the Council on Aging. Commissioner Baldwin suggested maybe Tyler Mulligan. Commissioner Fiocco stated he may do a presentation. Commissioner Baldwin said that would be good. ADDITIONAL UPDATES AND REPORTS MANAGER'S UPDATE ON PROJECTS Manager Gruesbeck said he has a Facilitator for the Retreat- Madeleine Henley of Walking Stick Associates and it scheduled for 8-5 at the Agricultural Convention Center. He had allotted 2 hours top for staff presentations. Staff changes: Jamie McLaurin - promoted to ORC at Waste Treatment Plant. Open Inspection Position - promoted Andrew McGrane Will be moving the part-time inspection position to a full time position - which will do what Andrew did as well as assist with inspections. Fred Royal is taking a job in Wilmington. Manager Gruesbeck said he has been trying to limit items on the agenda. He left off two items tonight and have 10 items under consent which he normally doesn't do. Hearne Road • Design should begin immediately after approval. • Approx. 1,500' iron pipe; 2 hydrants/valves; 20 water services Affordable Housing Advisory Committee • Met on February 1, 2018 • John Foley elected Chair • Next meeting: March 1, 2018 @ 6pm February 12, 2018 Minutes Page 9  COMMISSIONER CONCERNS Jay Farrell said he didn't hear anyone respond to his comment about having Hydrostructures review the Stormwater Additional Element. The Board agreed. Commissioner Fiocco said they are going to need some assistance. Mr. Royal said he will be in town for two weeks after Friday. Manager Gruesbeck said Hydrostructures will be reviewing plans as they come in as well. Commissioner Foley said she has been asked about videoing the board meeting. Commissioner Fiocco said in some Town in the minutes it lets you know where discussion on an agenda item starts. Commissioner Fiocco asked ifwe have modeling software. Mr. Royal said we have paid for it. Our Consultants have it because we don't have the hardware. They do the modeling we need quickly. Commissioner Baldwin asked Mr. Royal ifhe found out anything about the dam at Haw River. Mr. Royal said they can't look at anything until we get clearance. Commissioner Benitz wanted to know if the was for the Town or for him. Mr. Royal said he thought the Town, but he will get Terri to check on it. Commissioner Benitz said we had received an email about properties is disrepair around town. He would like to make a list of them and actions to be taken and see what actions we can actually take. He received a complaint about speeding down by Log Barn Road. Commissioner Benitz said he spoke with a NCDOT representative and they are planning a meeting for the residents along Hillsboro Street in April on the widening, sidewalks and bike lanes. He is wondering if the Town should hold some type informational meeting as well. Jeff Jones said staff is supposed to be notified of the meeting and they haven't heard anything. He feels a traffic consultant should be present at the meeting. They would like to have a great tum out. Mr. Jones said he will contact DOT to get something out. CLOSED SESSION (not needed) Pursuant to NCGS 143-318(a)(3) to consult with the Town Attorney. ADJOURNMENT Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to adjourn at 11: 15 p.m. February 12, 2018 Minutes Page 10  Vote Aye-5 Nay-0 ATTEST: N ~,!:c:~V Town Clerk I February 12, 2018 Minutes Page 11