1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY,MAY 14,2018 7:00 PM Mayor Cindy S. Perry called the meeting to order, asked for a moment of silence and that we keep the family of Hubert Cadle (War Veteran who attended our meeting a month or so ago who died last week at the age of 93) in our thoughts during this difficult time. PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Commissioner Farrell. ATTENDANCE Members present: Mayor Cindy S. Perry, Mayor Pro Tern Pamela Baldwin (arrived at 7:08 pm), 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., Planning Director Jeff Jones, Finance Officer Heather Meacham, Chief of Police Percy Crutchfield and Planner II Victoria Bailiff. Commissioner Baldwin arrived. CONSENT AGENDA Motion made by Commissioner Fiocco seconded by Commissioner Bonitz to approve the minutes with modification. Vote Aye-5 Nay-0 Motion made by Commissioner Farrell seconded by Commissioner Fiocco to approve the consent agenda with modification and the regular agenda as submitted. The Consent Agenda contains the following items: 1. Approve Minutes of the April 23, 2018 regular meeting (with modification). 2. Set Public Hearing for Special Use Permit (SUP-2018-01) for Highway Patrol Tower on Fire Tower Road for May 29, 2018 at 7:00 pm. 3. Approve 2017 NCDOT Bicycle and Pedestrian Plan Grant. 4. Authorize Finance Director to complete and sign the 2018 Memorandum of Participation for Separation Allowance Benefit. 5. Set Public Hearing for Text Amendment to the Permitted Use Table (ZTA-2018-02) in Section 5.2.1 of the Pittsboro Zoning Ordinance for May 29, 2018 at 7:00 p.m. May 14, 2018 Minutes Page 1 6. Appoint Sam Cooper to the Planning Board as ETJ Alternate with term expiring on December 31, 2019. 7. Approve Summer Festival Ordinance for July 1, 2018. 8. Approve Resolution Granting Consent to Central Electric Membership Corporation (CEMC) to Serve as the Exclusive Provider of Electrical Service to Area Assigned to CEMC by the North Carolina Utilities Commission. 9. Set Public Hearing for Special Use Permit (SUP-2018-02) for proposed Day Care at 399 Old Graham Rd. for May 29, 2018 at 7:00 p.m. 10. Approve corrected Hearne Road Budget Ordinance and Agreement for Services with Hydrostructures PA. 11. Approve Memorandum of Understanding (MOU) Regarding County-Wide Master Plan for Water and Sewer between Chatham County and the Town of Pittsboro and authorize the Town Manager to execute the MOU. Vote Aye-4 Nay-0 2017 NCDOT BICYCLE AND PEDESTRIAN PLAN GRANT AGREEMENT IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 103-108 MEMORANDUM OF PARTICIPATION FOR SEPARATION ALLOWANCE (2018) BENEFITS IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 109-110 AN ORDINANCE DECLARING A ROAD CLOSURE FOR PITTSBORO SUMMER FESTIVAL IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 16 A RESOLUTION GRANTING CONSENT TO CENTRAL ELECTRIC MEMBERSHIP CORPORATION TO SERVE AS THE EXCLUSIVE PROVIDER OF ELECTRICAL SERVICE TO AREA ASSIGNED TO CEMC BY THE NC UTILITIES COMMISSION IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 111-112 BUDGET AMENDMENT FOR HEARNE ROAD PROJECT IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 17 MEMORANDUM OF UNDERSTANDING REGARDING COUNTY-WIDE MASTER PLAN FOR WATER AND SEWER BETWEEN CHATHAM COUNTY AND THE TOWN OF PITTSBORO IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 113-114 May 14, 2018 Minutes Page 2  A STANDARD AGREEMENT WITH HYDROSTRUCTURES IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 115-124 r REGULAR MEETING AGENDA CITIZENS' MATTERS Lisa Meeker - 256 May Farm Road - came to speak about Southeast Concrete, which would be the second concrete plant close to their property. She is concerned about what is happening with the project because she can't find out any information about it. They have been trying to find out about the site plan and they can't find one. Her husband has had a lung transplant and she is concerned the dust will be an issue and that it is going to affect their property. She said the neighborhood found out about it when they requested access to water and sewer to their community property. (Other property owners were also in attendance) Planning Director Jeff Jones said no site plan has been submitted. They have to prove they had access to water and sewer before a site plan can be submitted. Ed Fowler - 86 Windsong Drive - said he wanted to add to Lisa comments. He wanted to know at what stage they are in the process. This is the second concrete plant in the same area. They are looking for support from the board. There will be a lot of dust and contaminants in the air, it will impact resale value of properties, and noise is going to be tremendous. He said he already has sewer gases in his home with is the impact going to be by adding this plant into their line. He wanted to know where we are in the process with Southeast Concrete. I Planning Director Jeff Jones said staff has not received a site plan from Southeast Concrete. COMMISSIONER UPDATES Mayor Updates - Mayor Perry said since the last meeting she has: • Attended Triangle J Council of Governments Meeting. • Gave Welcome at the 6th Democratic Congressional Convention in Pittsboro. • Attended Hubert Cadle funeral service. • Met with Central Electric Membership Corporation regarding the matter on the consent agenda tonight. • Attended the Boy Scouts Citizenship in the Community Service Badge ceremony. • Talked with Dr. Knappe about Dioxane 1, 4. • EDC - Commissioner Fiocco said he attended the EDC meeting and learned that they have a loan fund for Small Businesses in Chatham County and advised small businesses to take advantage of them. • RPO • Fairground Association • PBA/Downtown - Commissioner Fiocco said they discussed the Overlay District and UDO at their last meeting. • Triangle J Council of Governments • Main Street - Commissioner Fiocco said the Main Street Group is working on their budget request for the 2018-2019 fiscal year. May 14, 2018 Minutes Page 3  • Climate Change Commissioner Foley said she attended the United Way Volunteer awards ceremony and the Human Relations Committee meeting. She stated there will be an Art Legislative Day in Raleigh next week. NEW BUSINESS NCDOT PROJECT PRIORITIZATION Copy of list can be found at: http://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4 D0A9-D93 B-4E92-8B2B- 1BAC76976EB0} &DE= {BBAC43 96-6169-4 7FC-9606-75C26A0ED50E} (SPOT 5. 0 2018 Scoring Recommendation; 5.0 Spot Scoring) Planning Director Jeff Jones said that each jurisdiction in Chatham County (Pittsboro, Siler City and Chatham County) is required to review the projects and give feedback to staff and ultimately endorse through a resolution projects identified in the Prioritization 5.0 Project list. This list was prepared by the Chatham County subcommittee. Mr. Jones gave the process for coming up with the prioritizations list. The Board discussed ways to move projects up the list. Commissioner Baldwin asked about the status of the sidewalk/bike lanes on Hillsboro Street. Planning Director Jones said it will be 3-4 months longer and may impact less property. After discussion a motion made by Commissioner Fiocco seconded by Commissioner Baldwin to approve the SPOT 5.0 Recommended Ranked Project List for Chatham County, Town of Siler City and Town of Pittsboro. Vote Aye-5 Nay-0 OLD BUSINESS REZONING REQUEST FOR 490 WEST STREET FROM R-12 (MEDIUM DENSITY RESIDENTIAL) TO 01 (OFFICE AND INSTITUTIONAL) (REZ-2018-01) Victoria Bailiff, Planner II stated that Dwayne and Kristine Howard are proposing 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). Ms. Bailiff said that the Planning Board considered this rezoning at their meeting on May 7, 2018 and voted unanimously that the request was consistent with the Future Land Use Plan. The Board posed questions regarding access and the compatibility with surrounding uses. Concerns were expressed over possible future uses but ultimately, the Board voted to recommend approved by a vote of 5-1. May 14, 2018 Minutes Page 4  Ms. Bailiff said staff finds this property to be in a suitable location for Office and Institutional as it is positioned between properties currently zoned for Medium Density Residential, Highway Commercial, and Office and Institutional. Due to the property' s compatibility with surrounding uses and the proposal' s consistency with the Future Land Use Plan, Staff is recommending approval as well. Ms. Kristine Howard explained where everything would be situated on the lot. After discussion and Commissioner Fiocco concern was addressed a motion was made by Commissioner Farrell seconded by Commissioner Foley to approve the Consistency Statement and Rezoning. Vote Aye-5 Nay-0 A RESOLUTION ADOPTING A CONSISTENCY STATEMENT FOR 490 WEST STREET IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 125 AN ORDINANCE AMENDING THE ZONING ORDINANCE FOR 490 WEST STREET IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 18-23 DOWNTOWN OVERLAY DISTRICT (ZTA-2018-01) Planning Director Jones said we are moving forward with a text amendment for an Overlay District and the proposal to add Section 5.9 to Create Overlay District was included in the I agenda packet tonight. Mr. Jones said the purpose of intent was created by the Main Street Group and he wanted to thank them for that. He said the list they received is a broad list and it is always easier to subtract items than to add them. The Board had a discussion of uses they felt should and should not be included. Mr. Jones reminded the Board that all the things could happen, some would go through a more thorough review/approval process (SUP). He said the chart will handle most of the concerns. The proposed amendment can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={BBAFFC47-5A4D-4D40-B00F- 41C4CAEBE63D}https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9- D93B-4E92-8B2B-1BAC76976EB0}&DE={BBAFFC47-5A4D-4D40-B00F- 41C4CAEBE63D} (ZTA-2018-01) Commissioner Fiocco said it looks like 5.9.4 could go away since 5.9.3 was mentioned (chart). PUBLIC INPUT SESSION Written comments received prior to public input session: May 14, 2018 Minutes Page 5 We are responding to the request for public input regarding an overlay district for downtown Pittsboro. We own approximately 3+ acres that will be impacted by these changes, and have some concerns based on the objectives of the overlay. Unfortunately, we are out of town and cannot attend in person on May 14th but plan to be at the meeting on May 29th . Please see our comments/questions below. 1. We agree with having standards and regulations, however by prohibiting all retail use (that is not otherwise listed) in the overlay-this goes directly against the "Purpose and Intent" document, which directly states, " ... the desire to create an urban core that promotes a hub of commerce, fosters a wide range of mix uses including retail and attracts visitors, and cultivates economic growth." 2. Potential retail that could be beneficial and maintain Pittsboro's character could be a high-end antique store or a boutique dress/children's shop that residents do not currently have available. Providing regulations for future buildings would ensure the structures are built to specifications that integrate with the attractiveness of downtown and would be beneficial as pedestrian traffic increases, due to the expansion of new homes on Thompson Street and other areas. 3. What is permitted in the overlay? New buildings/office space for smaller practices, such as dentists, attorneys, real estate agents, etc .... ? Understanding this framework is essential in attracting investment and visitors to downtown. 4. Why not a playground? If you are wanting to attract young families into the area and promote commerce-they will need somewhere for their children to safely play; most urban areas offer this. 5. Lastly, our property (140 East Salisbury Street) is surrounded by commercial zoning and with businesses already in place. If the "Purpose and Intent" document truly reflects the vision for Pittsboro, then this area will need to have retail/service options that will attract visitors. With the growth plans and the amount of property that is impacted from the overlay, it is not in the best interest of the community to completely restrict retail use. Regards, Kim and Chip Kitchings 919-389-1032 Daniel Frankel's written comments can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC= {4DD4 DOA9-D93 B-4 E92-8B2B- 1BAC76976EBO} &DE={BBAC4396-6169-47FC-9606-75C26AOED50E} (Daniel Frankel's written comments) It would be our hope that the town of Pittsboro decides to vote in favor of the overlay plan for downtown. This particular proposal has been talked about for a number of years and it is needed, but much too late. So many aspects of small town governance take strong leadership and unfortunately that has been missing in the town of Pittsboro for some time now. We hope you can pull this town out of the fire that is engulfing it. Having more than one small business here and working too hard to be a part of what is going to happen. We see the writing on the wall and are planning to take our creative ideas to a town that we hope will be more proactive in viewing future growth. May 14, 2018 Minutes Page 6  Good luck to all. Dave Clark and Lisa Piper Small B&B Cafe PUBLIC INPUT DURING MEETING Julia Kennedy - 278 East Salisbury Street - referenced when Cross Creek Mall came to Fayetteville and how downtown died. She said it took an extremely long time to get downtown revitalized. She gave a list of things she felt should not be downtown. She said we need to continue to have local retail businesses downtown. Linda Jacobs - 288 East Street - Ms. Jacobs said she is glad to see the board look at this. A Historical Overlay District is very important and showcases downtown. She mentioned Apex would be a perfect example for the Town to look at. She also said downtown currently shuts down early if they have clients in it is very hard to find a place to take them to supper or for them to go shopping. Jerry Gamble - represents the property owners of 165 East Street. Mr. Gamble stated his clients are concerned about the number of uses to be prohibited by the overlay district. One prohibited use is a shopping center (multi-tenant building) he thinks that would be a mistake. His client's property is 1. 7 acres and to have a single tenant is not right. Some small businesses will not go through the special use permit requirement. He thinks there should be more definitions on uses I you want and to keep them in the schedule. Kyle Shipp - 295 Hillsboro Street said he is in favor of an Overlay District in some form and submitted suggestions in writing. They can be found at: http://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4D0A9-D93B-4E92-8B2B- IBAC76976EB0}&DE={BBAC4396-6169-47FC-9606-75C26A0ED50E} (Kyle Shipp comments on overlay district) Julie Kalkind stated she is one of the owners of old the Ford dealership. They brought the property in 2005 because they licked the character of downtown and it has been difficult to develop it. She referenced Mr. Gamble earlier comments as well. There will be a prohibition of a shopping center on their property. There is a need for multi-business uses. She said the current proposal should be tabled. Pecolia Hemple - 116 Masonic Street - asked what would happen to the six families on Masonic Street. How does this proposal affect the property owners in the area? Mayor Perry asked that she talk with the Planning Department. Mayor Perry stated no one is going to force you to do anything. It is more about protecting our downtown. She was advised that they would not be made to move. Judy Lester - 97 Plantation Drive said more information should be available before the public hearing. It would be great if the tables were combined. It appears that the names are not consistent. So it is very hard to understand the tables. May 14, 2018 Minutes Page 7 Greg Stafford - 901 Jordon Hills, Chapel Hill- stated he supports an Overlay District of some sort. He stated he owns some property downtown and recently looked into renovations. He it is very important with businesses to have trust that if they are putting massive amounts of money downtown - they have to feel comfortable that barriers they face which is creating rent, and do it in a way to get businesses downtown at a rent they can afford with the gigantic businesses that are going next door. Liz Cullington - 591 Rocky Hills -when looking at the information in the packet she had a question about if you have tract that sits in the circle on the map outside ¼ miles would uses be allowed that are not allowed in the overlay district. Jackie Nygren- 514 May Farm- stated she has an issue with SUP. As a small business owner most of them don't want to go through the Special Use Permit process. Randy Voller - stated since the public hearing is in a couple of weeks, how can the public engage additional input. He was told to send comments to Planning staff and the Board of Commissioners. Mr. Jones said he included alot of uses so that you can take uses off. Attorney Messick said if you want to add to the list you have to have another public hearing. After discussion Ms. Bailiff said she would be adding - Pawn Shop, Shooting Gallery and Tobacco shops, alternative nicotine shops and vapor shops. After the public input session a motion was made by Commissioner Fiocco seconded by Commissioner Bonitz to set a public hearing on the Downtown Overlay District (ZTA-2018-01) for May 29, 2018 at 7:00 p.m. Vote Aye-5 Nay-0 CHATHAM PARK PDD - ADDITIONAL ELEMENTS: PUBLIC FACILITIES Planning Director Jeff Jones said the Stormwater comments have been received and are being reviewed. Chuck Smith, Chatham Park said they have addressed the concern Commissioner Fiocco had regarding reserving capacity for schools. Sewer Reservation for Schools worksheet can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={BBAC4396-6169-47FC-9606-75C26A0ED50E} (Sewer Reservation for Schools) Commissioner Fiocco said his concern has been addressed regarding reservation of sewer capacity for the school. Mayor Perry asked about another concern he had about the period of time after a site is chosen (commitment period). Commissioner Fiocco said that hasn't been solved but he is awaiting a response from Mr. Blice. May 14, 2018 Minutes Page 8 Mayor Perry asked the Board if they would like to have an understanding on where we are in the development process of Chatham Park. Chuck Smith said he can give the Board a detailed plan year by year for seven years. The Board scheduled a worksession at 6:00 p.m. on May 29, 2018 to receive the update. Commissioner Baldwin said she would like to discuss land for police and fire as well. The Affordable Housing Task Force is working strong on Affordable Housing element. TOWN MANAGERffOWN BOARD REVIEW INSTRUMENTS Mayor Perry stated she had not had time to work on this and that it be put on another agenda. WASTEWATER TREATMENT AGREEMENTS Proposed agreements can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={BBAC4396-6169-47FC-9606-75C26A0ED50E} (Wastewater Agreements 5.29.18) Manager Gruesbeck presented the two agreements and turned it over to Attorney Messick. Attorney Messick gave an overview of changes to the Financial Agreement with Chatham Park since the last time it came before the board. Attorney Messick said it is very important to get the financial agreement with Chatham Park approved by June 1, 2018 to send it in to the State. Attorney Messick gave an overview of the Agreement with North State. Commissioner Fiocco had a question about the 95 - 5% ratio and wanted to know if it was appropriate. He would like a better idea of what we are doing today (best effort). He would like to know all the expenditures we currently have. He would also like to see language to allow concerns to be addressed at a later time. Commissioner Bonitz stated he still has concerns that the Town will be giving our NPDES Permit away. He said the NPDES Permit has value and we should find out what that value is. Attorney Messick said this is the Town permit it is not being transferred to anyone else. North State will operate under the Town's permit. Commissioner Baldwin said it will still be the Town's permit. That was her concern all along, but the permit will remain in the Town of Pittsboro's name. We are not giving it away just allowing them to use it. Commissioner Foley said she agrees with Commissioner Bonitz and feels we would be giving it away. May 14, 2018 Minutes Page 9 Commissioner Bonitz said the Board voted unanimously to get the monetary value of the NPDES Permit and they have not received it yet. Commissioner Bonitz wanted to get a cost of getting the NPDES Permit. Attorney Messick said that would have been thirty years ago and don't believe the Town would have records of engineering costs from that far back. The amendment that was done in 2014 they can probably find out the engineering cost for that. Manager Gruesbeck said he would have to call another engineering firm to see if he could get a figure. Commissioner Bonitz said the Town is giving away capacity and he is not prepared to give it away. Mayor Perry asked if we are going to ready to approve these agreements by the end of the month - at least the Financial Agreement. After much discuss Mayor Perry asked Attorney Messick ifhe was clear what he needed to do. Attorney Messick said with the Old North State agreement he needed to address Commissioner Fiocco and Commissioner Bonitz' s concerns. ADDITIONAL UPDATES AND REPORTS MANAGER'S UPDATE ON PROJECTS Manager Gruesbeck's written updates can be found at: http://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4 D0A9-D93B-4 E92-8B2B- 1BAC76976EB0} &DE= {BBAC4396-6169-47FC-9606-75C26A0ED50E} (Updates 5.14.18). COMMISSIONER CONCERNS Commissioner Foley said she has been without a name tag for a while and would like another one. Manager Gruesbeck said he wanted to update the logo on them and he will order everyone anew one. Commissioner Fiocco asked for clarification in the Chatham County Water and Sewer Master Plan. He stated it mentions that the modeling information was coming. Manager Gruesbeck said the Town does not have to provide that, it was a mistake. Commissioner Baldwin stated she attended a Dance Recital at Northwood High School and it was fantastic and urged everyone to attend one. Commissioner Bonitz asked if the Highway Patrol Tower would have strobe lights. Manager Gruesbeck said he would find out. He thanked Mayor Perry for her continue work on 1, 4 Dioxdine. Commissioner Bonitz stated that new declarations have been made that it is a likely coagulant. He wondered if Adam Pickett could sample more often. Manager Gruesbeck said they have conducted the second round of interviews for the Engineer Position. May 14, 2018 Minutes Page 10 Manager Gruesbeck stated the EV charging station is ready to go in Mary Hayes Holmes Park. ADJOURNMENT Motion made by Commissioner Fiocco seconded by Commissioner Foley to adjourn at 10:54 p.m. Vote Aye-5 ATTEST: ~J.!f:bL Alice F. Lloyd, CMC, NCCMC Town Clerk May 14, 2018 Minutes Page 11