1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, APRIL 23, 2018 7:00 PM Mayor Cindy Perry called the meeting to order and asked for a moment of silence and to be thinking about Commissioner Farrell who is at the hospital with his 97 year old mother who fell yesterday. PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Mayor Pro Tern Baldwin. ATTENDANCE Members present: Mayor Cindy S. Perry, Mayor Pro Tern Pamela A. Baldwin, Commissioner John Bonitz, Michael Fiocco and Bett Wilson Foley. Commissioner Farrell was absent. Staff present: Manager Bryan Gruesbeck, Clerk Alice F. Lloyd, Attorney Paul S. Messick, Jr., Planning Director Jeff Jones, Planner II Victoria Bailiff and Lt. Troy Roberson. CONSENT AGENDA Commissioner Fiocco said there was one change made to page 8 of the April 9, 2018 minutes that were at their seats tonight. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the consent agenda with the correction to the April 9, 2018 minutes. The Consent Agenda contains the following items: 1. Approve Minutes of the April 9, 2018 regular meeting. (with corrections to page 8) 2. Approve Resolution authorizing the signature of a contract and Engagement Letter with Rives & Associates, LLC to complete the annual audit of the Town's financial statements. 3. Receive FY 2017-2018 Financial Reporting as of March 31 , 2018. 4. Approve 5,867 gallons per day of Sewer Allocation Request for Penguin Place, LLC. 5. Approve Pittsboro Rotary Club signage request to install Rotary signs on each of the four (4) Welcome to Pittsboro signs. Vote Aye-4 Nay-0 April 23, 2018 Minutes Page 1 A RESOLUTION AUTHORIZING THE MAYOR, FINANCE DIRECTORAND THE TOWN MANAGER TO SIGN A CONTRACT IN THE AMOUNT OF $22,218, BETWEEN RIVES & ASSOCIATES, LLP AND THE TOWN OF PITTSBORO FOR THE AUDIT OF THE TOWN'S FISCAL YEAR 2018 FINANCIAL STATEMENTS ARE RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 89-102 Motion made by Commissioner Fiocco seconded by Commissioner Bonitz to approve the regular meeting agenda as submitted. Vote Aye-4 Nay-0 Motion made by Commissioner Foley seconded by Commissioner Fiocco to go into public hearing. Vote Aye-4 Nay-0 PUBLIC HEARING REZONING REQUEST FOR 490 WEST STREET FROM R-12 (MEDIUM DENSITY RESIDENTIAL) TO 01 (OFFICE AND INSTITUTIONAL) (REZ-2018-01) Victoria Bailiff, Planner II reported that Dwayne and Kristine Howard HAVE proposed to rezone a portion of three parcels totaling 0.537 acres located directly behind 490 West Street and more particularly described with Parcel numbers 84508, 77585, 8002, from R-12 (Residential- Medium Density) to O-I (Office and Institutional). PUBLIC COMMENTS: None Commissioner Fiocco asked that Staff and the Planning Board look to see how this would work if another building were to be located on the property. Planning Director Jones said he would look into that. Motion made by Commissioner Baldwin seconded by Commissioner Bonitz to go out of public hearing. Vote Aye-4 Nay-0 REGULAR MEETING AGENDA CITIZENS' MATTERS Mayor Perry stated we have two individuals signed up to speak tonight on an item that is on the agenda. She asked the board if they would like to hear from them, the board agreed. Julia Kennedy, lives on E. Salisbury Street stated having an Eagles Gas Station next door to her and the downtown area is poor placement. She thinks it will be tremendous lights, noise and traffic. It could possibly decrease the value of property and cause contamination through the gas tanks. This project will take away a lot from the culture we are creating here. April 23, 2018 Minutes Page 2  Carolyn Townsend- 36 Lockville Street asked how many gas stations do we need in this town. She stated we have plenty so there is no need for another one. She said she would support any decision the board made but she would prefer keeping Eagle out of that property. COMMISSIONER UPDATES Mayor Updates - Mayor Perry reported that she: • Attended TARPO meeting - advocating for a truck route around Pittsboro. • Attended Chatham County Conservation Partnership meeting. • Cut ribbon for the Grand Opening of The Pickle Jar Restaurant. • Cut ribbon for the Walmart at the County boundary. • Attended a Veterans of Foreign War Ceremony held in Pittsboro. Commissioner Foley reported that she: • Attended the Chatham County Conservation Partnership meeting also. • Attended Human Relation Committee meeting and have been serving on a sub- committee. • EDC • RPO • Fairground Association • PEA/Downtown • Triangle J Council of Governments • Main Street - Commissioner Fiocco stated he has had a couple of meetings. One was to determine the location of handrails downtown and the design committee met to find I locations for combination trash/recycling containers downtown, they chose six locations. Commissioner Baldwin said she attended the Affordable Housing Taskforce meeting. • Climate Change - Commissioner Bonitz stated he did not attend the last meeting. They have a meeting scheduled with a speaker (Anna Clawson on Rural Climate dialogue) on Thursday. OLD BUSINESS SITE PLAN REVIEW (SP-2017-09) EAGLES Victoria Bailiff, Planner II, reported that Eagles Management Corporation has submitted SP- 2017-09 for a Restaurant, Convenience Store with Pumps, Carwash on property located at 163- 165 East Street. Planning Board recommended approval in a vote of 5-0 recommended approval of the site plan. The Board of Commissioners considered the site plan on April 9, 2018 and tabled the item. Staff recommends approval of the site plan subject to issuance of any additional local and state permits. Commissioner Bonitz stated that Staff has made efforts to improve this project. He wanted to emphasize how excited he is that people are willing to invest in our Town. Commissioner Bonitz said this project would fit perfectly on the outskirts of Town. However, there is a April 23, 2018 Minutes Page 3 deficiency in the application for site plan approval. On the first page of the site plan there is a discrepancy between parking requirements and parking provided. Under our ordinance it is 30 regular spaces for a project like this and 2 vacuum spaces. But, under parking provided on the first page 4 spaces are listed for vacuum spaces which takes two away from regular parking therefore it cannot be done. Commissioner Bonitz moved that we reject this application, seconded by Commissioner Foley. Vote Aye-4 Nay-0 DOWNTOWN OVERLAY DISTRICT (ZTA-2018-01) Planning Director Jeff Jones stated this is a follow-up to last Wednesday meeting. Staff would recommend that a Public Input Session be held on May 14, 2018 and that a Legislative Public Hearing be set for May 29, 2018. Mr. Jones said Staff will send out letters to affected property owners if the public input session is set for May 14, 2018. He said the legal notification for the Public Hearing will be handled by mailing letters of notification to property owners and adjoining property owners and posting about 8-10 signs. He said interested citizens will have two opportunities to speak. After discussion a motion was made by Commissioner Fiacco seconded by Commissioner Baldwin to set a Public Input Meeting on the Downtown Overlay District for May 14, 2018 at 7:00 pm. Vote Aye-4 Nay-0 CHATHAM PARK PDD - ADDITIONAL ELEMENTS: PUBLIC FACILITIES Planning Director Jeff Jones stated the Board of Commissioners started discussion on the Public Facilities Element at the April 9, 2018 meeting. Chatham County Schools requested at the last meeting that the Board wait until tonight to discuss this section. As staff understands, the language included with the latest draft of the Public Facilities Element was negotiated between Chatham Park and Chatham County Schools. Dr. Derrick Jordan, Superintendent Chatham County School said he was not prepared to make a presentation tonight. He wanted to be here to answer any questions the Board of Commissioners may have. He said the school board and staff spent quite a bit of time working long and hard with Chatham Park to come up with language. After a couple of months they landed at a spot both sides felt comfortable with. They believe the language before the Board of Commissioners tonight appropriately encompasses what they have identified as needs moving forward. Dr. Jordan said he also had Gary Leonard, Chairman of the Board of Education with him tonight as well as Chris Blice, Chief Operations Officer and Randy Drumheller, Director of Maintenance and Construction. April 23, 2018 Minutes Page 4  Commissioner Baldwin asked about land for fire stations. Commissioner Bonitz said fire stations are a concern and maybe we can use language created in the school agreement. Chuck Smith stated the language is in the agreement they have with Chatham County Board of Education. He said they have not given land for fire or police stations. Mr. Smith stated that Chatham Park is already giving more than is required. They are giving school sites which are not required. Commissioner Fiocco mentioned his items of concerns from last meeting. Commissioner Fiocco expressed concern that the Element as written puts Chatham County Schools at risk for losing the investment creating a development plan, which is required for the Schools to commit to (secure) the site, due to the ability of Chatham Park to unilaterally decide to relocate the school site prior to Chatham County Schools completing the development plan for the School. Chuck Smith wanted to know when to expect comments from Hydrostructures on the Stormwater Element. Planning Director Jones said he is expecting them any day. CHATHAM PARK PDD-ART IN RUSSET RUN TRAFFIC CIRCLE Planning Director Jeff Jones said Chatham Park is requesting the Board of Commissioners approve an Art Installation within the Traffic Circle of Russet Run and Freedom Parkway. Chatham Park has selected local artist Edwin White to design and install an art piece that they I wish to install within the Traffic Circle. After discussion a motion was made by Commissioner Foley seconded by Commissioner Baldwin to approve the Art Installation in the Russet Run Traffic Circle. Vote Aye-4 Nay-0 TOWN MANAGER/TOWN BOARD REVIEW INSTRUMENTS Mayor Perry said that everyone had previously received some samples of Town Manager/Board review documents. She wanted to discuss what type of process the Town of Pittsboro would use. Mayor Perry said she feels that we need to have something in writing. After discussion the Board agreed that it should consist of priorities and questions that meet those priorities and that it be placed on the next agenda. NEW BUSINESS - (none scheduled) ADDITIONAL UPDATES AND REPORTS MANAGER'S UPDATE ON PROJECTS Manager Gruesbeck went over the updates submitted with the agenda packet. The update can be found at: http://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4DOA9-D93B-4E92- April 23, 2018 Minutes Page 5 8B2B-1BAC76976EB0}&DE={BE313F99-A852-45F2-B7DE-584AD3D14CC4} (Updates 4.23.18) Manager Gruesbeck stated the cost analysis for the Sewer Assessment Management Plan will come in at the end of May. There will be budget meetings coming up. He and Ms. Meacham continue to work on the budget and will get it to the Board the last week of May. Manager Gruesbeck stated that a few meetings ago Commissioner Fiocco asked about the lack of street lighting on Belmonte. They have met with Duke Energy and are waiting on prices from them. Mayor Perry asked if we had begun switching the old lights out yet. She also suggested putting a sustainable line item in the budget that can be for things like this. COMMISSIONER CONCERNS Commissioner Foley wanted to give high praise to Officer Swain and Office Thomas. Her family had to call Pittsboro Police because her son's car was hit. They did an excellent job investigating the accident. Commissioner Fiocco stated the lighting on the wall adjacent to the pocket park is not illuminating. Commissioner Bonitz said there are dead links on the website for the Environmental Assessment and documents having to do with the EIS. He asked Manager Gruesbeck to please get the information posted online so it is available for the public. Attorney Messick asked that the board take a two minute recess or go into closed session to consult with the Attorney. CLOSED SESSION Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to go into closed session to consult with the Attorney in accordance with NCGS 143-318(a)(3). Vote Aye-4 Nay-0 Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to go back into regular session. Vote Aye-4 Nay-0 REGULAR MEETING Motion to reconsider the previous motion to deny site plan approval by Commissioner Bonitz and seconded by Commissioner Foley. Vote Aye-4 Nay-0 April 23, 2018 Minutes Page 6  Commissioner Bonitz said that he had inaccurately given the reason to deny the Site Plan for Eagles. He stated that the town zoning ordinance required 32 regular parking spaces and 2 vacuum spaces. The plan provided 4 vacuum spaces plus 30 regular spaces. For that reason he moved to reject the Eagles site plan application which was seconded by Commissioner Foley. Vote Aye-4 Nay-0 ADJOURNMENT Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to adjourn at 9:02 p.m. Vote Aye-4 Nay-0 ATTEST: [ Alice F. Lloyd, CMC, NCCMC Town Clerk April23,2018Minutes Page 7