1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO ' BOARD OF COMMISSIONERS WORKSESSION 6:00 PM REGULAR MEETING TUESDAY, MAY 29, 2018 7:00 PM WORKSESSION CHATHAM PARK RESIDENTIAL/COMMERCIAL GROWTH UPDATE Chuck Smith gave a PowerPoint Presentation update on Chatham Park. PowerPoint presentation can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={BBAFFC47-5A4D-4D40-B00F-41 C4CAEBE63D} (Chatham Park Phasing Presentation May 2018) REGULAR MEETING Mayor Cindy Perry called the meeting to order and asked for a moment of silence. r 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 (arrived at 6:30 pm). Staff present: Manager Bryan Gruesbeck, Clerk Alice F. Lloyd, Attorney Paul S. Messick, Jeff Jones Planning Director, Victoria Bailiff Planner II, Paul Home Parks Planner and Chief of Police Percy Crutchfield. CONSENT AGENDA Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to approve the consent agenda - noting that the May 14, 2018 meeting are not complete yet. The Consent Agenda contains the following items: 1. Approve Minutes of the May 14, 2018 regular meeting. (Not completed yet). 2. Set Public Hearing for the Town of Pittsboro FY 2018-2019 Annual Budget for June 11 , 2018 at 7:00 pm. May 29, 2018 Minutes Page 1 3. Receive FY 2017-2018 Financial Reporting as of April 30, 2018. 4. Approve Memorandum of Understanding with Chatham County for Recreation Grant and authorize the Town Manager to complete the Memorandum of Understanding. 5. Approve Resolution accepting Water and Asset Inventory and Assessment Grant. Approve the Ordinance creating the Project Budget for the Water Asset Inventory and Assessment Grant. Vote Aye-5 Nay-0 MEMORANDUM OF UNDERSTANDING WITH CHATHAM COUNTY FOR RECREATION GRANT IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 141 A RESOLUTION TO APPROVE ACCEPTANCE OF WATER ASSEST INVENTORY AND ASSESSMENT (WAIA) GRANT IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 142-144 PUBLIC HEARING Motion was made by Commissioner Fiocco seconded by Commissioner Foley to go into public hearing. Vote Aye-5 Nay-0 SPECIAL USE PERMIT (SUP-2018-01) FOR HIGHWAY PATROL TOWER ON FIRE TOWER ROAD Victoria Bailiff, Planner II stated the North Carolina Department of Public Safety is proposing the construction of a communication tower, 380 feet in height. This tower is to be located at the end of Pittsboro Fire Tower Road on parcel 75070. This parcel is in the R-A zoning district, where communication towers over 50 feet in height are required to obtain a special use permit. PUBLIC COMMENTS: John Goins said he was the Civil Engineer on the project and applicant for the tower for NC Highway Patrol Viper system. He stated the tower will be used only for public safety. This tower will provide more coverage to Pittsboro and Chatham County. Max Casey with the Viper Group was present to answer any questions. Mayor Perry asked if others could use the tower as well. Mr. Casey said other public safety entities absolutely, but not for profit entities. He said they will design the tower to support other agencies if they know they are interested in connecting onto their tower. Commissioner Bonitz asked if they were going to have white light strobe at night. Mr. Casey said no, light will be at FAA requirements. May 29, 2018 Minutes Page 2  DOWNTOWN DISTRICT OVERLAY DISTRICT (ZT A-2018-01) .-, Jeff Jones reported that the Pittsboro Board of Commissioners is requesting a zoning text amendment to develop a downtown overlay district, which, if adopted could reduce the number of permitted uses currently allowed in the base zoning districts. The proposal is to create an overlay district encompassing all properties wholly or partially located within a quarter of a mile of the Chatham County Courthouse. This quarter mile radius around the courthouse contains 260 parcels with a mix of zoning districts including R-10, R-12, R-12M, 0-1, C-1, C-2, C2-CU, C-4, M-1. Supporting Documents can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={BBAFFC47-5A4D-4D40-B00F-4 l C4CAEBE63D} (ZTA-2018-01) PUBLIC COMMENTS: The following comments were received prior to the public hearing for the record: Although I love Pittsboro and appreciate efforts to retain the flavor and spirit of the town, I would like to express my concerns that the overlay zoning is overly restrictive. As a property owner who will be affected by this zoning, I feel that my property's value will be affected negatively by these restrictions. I also feel that many of the uses mentioned on the "prohibited list" are not in conflict with the town's objectives as long as the building department enforces some architectural guidelines that will preserve the quaintness of our current downtown. I Can you please add my comments to those already received for the meeting Tuesday evening? Thank you. Lindsay Starr 189 Thompson Street Commissioner Benitz stated he have heard a lot of stuff this last week and he wanted to clear the air about it. He said the Board don't intend to prohibit everything on the list and he wants to reassure the public of that. They how found several deficiencies in current town ordinances and they are trying to take deliberate and quick action to address them before the completion/adoption of the UDO. He stated they are focused on how we would like our town to look. Chris Lee - 179 Hillsboro Street stated he submitted some comments in writing. He said this overlay is different from the conventional overlay district. He is willing to help any way he can. The comments can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC= {4DD4 D0A9-D93 B-4 E92-8B2B- lBAC76976EB0} &DE={BBAFFC47-5A4 D-4D40-B00F-41 C4CAEBE63 D} (Written Comments from Christopher B. Lee) May 29, 2018 Minutes Page 3 Billy Hughes -Cornwallis Street - asked is this a quick way to see what we are going to do about Pittsboro or a quick way to say what are we going to do about the Eagle gas station. What is the decision on the old Ford lot? Mayor Perry said the application that was submitted by the gas station was submitted before the overlay was proposed therefore they will operate under the old law instead of the new law. Mr. Hughes said the town is going to get into a situation where they are going to be sued and he doesn't want his tax dollars funding it. Liz Cullington - Rocky Hills Road - read a prepared statement that can be found at: https://pittsboronc.gov/index.asp?Type= B BASIC&SEC={ 4DD4 D0A9-D93B-4 E92-8B2B- lBAC76976EB0} &DE={BBAFFC47-5A4 D-4D40-B00F-41 C4CAEBE63 D} (Cullington comments overlay district 52918) Planning Director Jeff Jones said the Overlay District will be in the UDO. John Justice - 10 Crosswinds Estates, Pittsboro - stated it seems to him that the Overlay District is being proposed to stop the Eagles Station, or maybe not but he thinks you will open a can of worms if you stop a legal use of the property. He said let's assume that isn't the case and you are just trying to address future problems that may come up. He would suggest a better way to do that is to work with the property owners and help them to find some property uses that are acceptable to you and be a little more collaborative about this. Commissioner Fiocco said at the beginning of the document is a purpose and intent statement and that is the way he visions the list. Mr. Justice said are you working on getting trucks out of downtown (Commissioner Fiocco said yes) he asked are you working on getting sidewalks walkable (Commissioner Fiocco said yes). He asked why the urgency if it is not about the Eagles. Phil Whitley - (had left) Wanda Hudgins - 157 E. Salisbury Street - wanted to find out what overlay district meant. Her concern is she brought her home place to remodel it. There has always been a car wash there, but now there is a hand wash car wash (Victor's). They have signs all over town which she thinks is an eyesore. The pressure washer he has going is so loud that when she is in the kitchen it rattles the noise is so loud. Ms. Hudgins said he knows you are not suppose to have tires you are selling out, but now they have tires across the street from them. They harbor water, mosquitos it is going to cause rats, snakes, etc. Don't need to have tire sales unless it is inside a building. They have been working on it for 3-4 months and it's just an eyesore. Ms. Hudgins said downtown does not look pretty at all. Some code enforcement needs to be done, when she spoke to Planning staff they said they don't have enough staff to do it. Pat Harris - 56 E. Salisbury Street - said she would like to reiterate what John Justice said. This is stepping on the toes of many property owners and they are going to be upset. If you are wanting to beautify Pittsboro she would suggest that you get some advice from someone other May 29, 2018 Minutes Page 4  than the one that designed the Rain Garden downtown it is horrible. She said the shop owners are upset about it. Commissioner Foley stated they are trying to receive input on what the public would like to see downtown. Commissioner Fiocco explained that C-2 is Highway Business zoning and he doesn't think of our downtown that way any longer. Henry Hadley - speaking on behalf of Mt. Sinai Church on Chatham Street - he wanted to know if they wanted to expand would that be possible with this district. They are concerned that they may not be able to expand at the time they need too. They hope to enlarge in the future. Commissioner Foley said he is not along in wanting to see churches off the list. Kim Kitchings - 140 E Salisbury Street- said she submitted a letter to the Board about two weeks ago. The letter read as follows: 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 29 th . 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. May 29, 2018 Minutes Page 5 Regards, Kim and Chip Kitchings 919-389-1032 Mayor Perry said the purpose of the public hearing is to speak input from the public. Chip Kitchings - didn't speak. Vickie Oldham - thanked the Board for caring about Pittsboro. She had a question about if the fitness center she rents to know where to close, could she put another one there. The answer was yes if it is within six months. She asked about the process for getting a Special Use P, and the time table for completing the process. Mr. Jones said you would apply for it, a public hearing would be held it could take 3-4 months. Ms. Oldham said our small town is very important to her and her family. The future vitality of Pittsboro depends on what we do today. I believe you all are striving to work for improvement. I would like to strike Churches, fitness centers under a certain size, bakeries, and theaters under a certain size from the prohibited list. I also question about the term "related business not otherwise listed". E. Lee Sullivan - here speaking on behalf of Pittsboro Presbyterian Church and they request that churches be taken off the list. Mr. Jones said that bakery with site sales, gift shops and clothing shops are allowed uses by right in the district. Linda Jacobs asked if Pittsboro Bread Shop were to bum down - could they rebuild (they do not sell to the public). Mr. Jones said they would be prohibited, it is a wholesale bakery. Ms. Jacobs suggested grandfathering the business. Mr. Jones said it currently is a non-conforming use. Written comments submitted at the meeting by Maria Parker-Lewis can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={BBAFFC47-5A4D-4D40-B00F-41C4CAEBE63D} (Written Comments from Maria Parker-Lewis) Commissioner Farrell said no one commented on the boundaries. He feels it should just be the Main Street boundaries. Commissioner Fiocco said he agrees with that. There was discussion about continuing the public hearing until the next meeting to receive additional comments. Planning Director Jones said he can take it to the Planning Board for this next meeting. Continue the public hearing and then the Board can act on it. Motion made by Commissioner Fiocco seconded by Commissioner Foley to continue the public hearing on the Downtown Overlay District until June 11, 2018. Vote Aye-5 Nay-0 May 29, 2018 Minutes Page 6  TEXT AMENDMENT TO THE PERMITTED USE TABLE (ZTA-2018-02) IN SECTION 5.2.1 OF THE PITTSBORO ZONING ORDINANCE REGARDING CREMATORIUMS Jeff Jones Planning Director reported that the Pittsboro Board of Commissioners is requesting an amendment to the Permitted Use Table in Section 5.2.1 of the Pittsboro Zoning Ordinance. Currently, the Table lists "Funeral Home or Crematorium" as a singular use; the Board of Commissioners is requesting that crematoriums and funeral homes be listed as separate uses. In addition to the separation of uses, the Board is also requesting that Crematoriums be removed from the list of permitted uses allowed in the C-2 (Highway Commercial) and 0 -1 (Office and Institutional) zoning districts. Crematoriums would then only be permitted by right in the M-1 (Light Industrial) and M-2 (Heavy Industrial) zoning districts. Funeral Homes would be permitted by right in 0-1 (Office and Institutional), C-2 (Highway Commercial), C-4 (Central Commercial), M-1 (Light Industrial), and M-2 (Heavy Industrial) zoning districts. Supporting documents can be found at: https://pittsboronc.gov/index.asp?Type= B BASIC&SEC= {4DD4 D0A9-D93B-4E92-8B2B- 1BAC76976EB0} &DE={BBAFFC47-5A4 D-4 D40-B00F-41 C4CAEBE63 D} (ZTA-2018-02) PUBLIC COMMENTS: r Sarah Carr - stated she supports the amendment. Crematories release toxins in the air that have long lasting effect to people living around them for decades. If adopted this will help retain residential property values in the area. Houston Blair- owns 458 West Street - spoke out in favor of the amendment. Crematories would cause loud noise and odors which would be objective. SPECIAL USE PERMIT (SUP-2018-02) FOR PROPOSED DAY CARE AT 399 OLD GRAHAM ROAD Victoria Bailiff, Planner II stated Widiarti Kabul is requesting a special use permit to operate a day care at 399 Old Graham Road, in the R-15 zoning district, where day cares are required to obtain special use permits. The proposed day care will be using the existing structures and will be able to accommodate 10 children and 2 teachers. Public Comments The applicant spoke to give the Board an overview of what she would like to have at the location. Commissioner Fiocco mentioned that handicapped accessibility would be required for the business. May 29, 2018 Minutes Page 7 Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to go out of public hearing. Vote Aye-5 Nay-0 REGULAR MEETING AGENDA CITIZENS' MATTERS Brian Harbour- 306 May Farm Road asked the town to immediately rezone surrounding property that is zoned heavy industrial to a more appropriate zoning to protect their community. They stated they wanted an appropriate zoning whatever the Board would like. They realize the rights of the owners of the property. Earlier today Mr. Harbour submitted a Petition from the residents of Potterstone Village it can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4D0A9-D93B-4E92- 8B2B-1BAC76976EB0}&DE={BBAFFC47-5A4D-4D40-B00F-41 C4CAEBE63D} (Petition from Potterstone Village Residents) Lorraine Kramer- stated she would like for the Town to initiate a zoning change quickly. The first they knew about Southeast Concrete was when they came to the HOA Board for permission to install utility lines on their property. Alan Dirk - 103 Bridle Path - said a good zone would be mixed use would be ideal but Pittsboro does not have that zoning. Heavy Industrial is the worst type zoning you can have. It should have been looked at before such a large residential development was approved. Prior boards should have looked at this. Mayor Perry said when the initial residents brought the property they had to sign a disclaimer acknowledging the Chicken Plant was located nearby and that the Nuclear Plant was within 10 miles. Mr. Dirk submitted a written statement that can be found at: https://pittsboronc. gov/index.asp?Type=B BASIC&SEC= {4DD4 D0A9-D93 B-4 E92-8B2B- 1BAC76976EB0} &DE={BBAFFC47-5A4 D-4 D40-B00F-41 C4CAEBE63 D} (Alan Dirk Written Comments) Commissioner Farrell asked if they have approached the landowner. They said they had not and didn't know what they would say to them. Commissioner Farrell said they could ask that the zoning be changed. Ms. Kramer said she doesn't think they would do that. Commissioner Fiocco said there may be a way to partner with the owner. Ms. Kramer said they are afraid they may come back at them in a negative way. Mr. Dirk said buffering would have worked if it had been required in the beginning. COMMISSIONER UPDATES Mayor Updates - Mayor Perry said she: • Attended UDO public information meeting. • Ribbon cutting for the Y's new location. • Continued discussion on water quality issues. May 29, 2018 Minutes Page 8  • EDC • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments - Commissioner Baldwin said she attended a Triangle J Council of Governments meeting and the Town needs to approve their charter. She mentioned the census coming up and she will be giving them information at the next meeting. • Main Street - Commissioner Fiocco said the budget tonight includes the budget request from Main Street. He said 3 refuse/recycling containers of the same type materials as the benches and trash can have been ordered. • Climate Change • Human Relations Advisory Board - Commissioner Foley said she attended a Human Relations meeting and their charge is to lay groundwork. NEW BUSINESS - none scheduled OLD BUSINESS CHATHAM PARK PDD - ADDITIONAL ELEMENTS: PUBLIC FACILITIES Jeff Jones, Planning Director reported that the Board of Commissioners should continue their discussion on Public Facilities and particularly the section on Parks and refer to the Parks Memo that was provided when this element was introduced in April. Outstanding regarding the Parks discussion is how Chatham Park will provide for future Parks and Greenways within its r boundaries. Will the Parks that are provided for be publicly available to all or to only those that reside in Chatham Park. Additionally, the use of Fee in Lieu will reduce the amount of Parkland dedicated to the Town if utilized by Chatham Park and the Town. The Town would be trading acreage for a built system with Fee in Lieu. The obverse of Fee in Lieu is the Town accepting the acreage required and building Parks and greenways ourselves, or Chatham Park could dedicate and build Park facilities, including greenways and use the Special Assessment District to be reimbursed. The Town would either use general funds available, create an impact fee, or Bonds to build Parks and greenways. Ken Eagle asked that they consider allowing them to address stormwater in the Small Area Plan. It was asked about HydroStructures comments on the Stormwater Element. Mr. Jones said they are being reviewed at this time. Mr. Jones said payment in lieu of must be used in Chatham Park according to the ordinance. Mayor Perry said she is not fond of payment in lieu of. Paul Home said payment in lieu is not bad, but you want to avoid it if possible. He said I right now there is not enough detail in the Element. On average it is a $10 million dollar May 29, 2018 Minutes Page 9 investment to build a park. He said we need both land and money for parks. Again, he stressed there is not enough details available yet. Mayor Perry asked if the attorneys could craft some language about the SAP Commissioner Bonitz stated he would like to see a SAD to fund infrastructures such as land for fire departments (Mr. Eagle said he will look into that he does not think it is allowed). He would like discussion on police, fire and public utilities facilities within Chatham Park. Commissioner Baldwin said she is still interested in fire and police within Chatham Park. She asked if she understood correctly that we would have to purchase the property from them, Tim Smith said yes that is correct. There was a question about SAD and whether the Town could administer a SAD since Chatham County is no longer interested in that matter. Tim Smith asked if it could be approved next meeting if language is worked out. The board asked that a worksession be added to the May 29, 2018 agenda at 6:00 pm. TOWN MANAGERffOWN BOARD REVIEW INSTRUMENTS Mayor Perry handed out documents to the Manager and Board and asked that once it is completed that it be given back to her. Motion made by Commissioner Fiocco seconded by Commissioner Bonitz to take a five minute break. Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Bonitz to reconvene the meeting. Vote Aye-5 Nay-0 WASTEWATER TREATMENT AGREEMENTS SANFORD AGREEMENT Attorney Messick gave an overview of the agreement and changes made since last meeting. After discussions the following corrections need to be made to the agreement: Page 11 -Paragraph 10 June 30, 2018 be changed to June 30, 2019 Page 10 - iv. shall read surplus paid to Sanford to should be applied to the next CPI shortfall Page 11 - e, iii. surplus paid to Sanford be applied to any future CPI shortfall Commissioner Bonitz said he would like to see the agreement clean. May 29, 2018 Minutes Page 10  After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Baldwin to approve the Financial Agreement with Chatham Park with a stated changes above. AGREEMENT WITH CHATHAM PARK IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES OLD NORTH STATE LLC AGREEMENT Commissioner Fiocco said he would like to see some language that says ONSWC will have to follow the 80/90 rule just like the Town would have to do. Commissioner Bonitz said we have a contract with 3M agreeing to provide them with re-use water. Attorney Messick said the 3M contract need to be reviewed. Mr. Eagle read the language that he will add to the agreement as Paragraph 34-The Towns ability to send Wastewater treatment to Sanford does not occur the ONSWC facilities and town WWTP will be jointly and comparatively subject to the 80/90 rule. Commissioner Fiocco said what that said he would make a motion to approve the contract with ONSWC, seconded by Commissioner Farrell with the above language added as Paragraph 34.d be. Commissioner Bonitz said he is not in support of approving it tonight and feels that we still need more information. He is trying to make the best decision for the citizens of Pittsboro. [ Vote Aye-4 Baldwin/Farrell/Fiocco/Foley Nay-I Bonitz AGREEMENT WITH ONSWC IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES ADDITIONAL UPDATES AND REPORTS MANAGER'S UPDATE ON PROJECTS Manager Gruesbeck submitted his updates in the agenda packet and they can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={BBAFFC47-5A4D-4D40-B00F-41C4CAEBE63D} (Updates 5.29.18) Manager Gruesbeck presented the 2018-2019 Budget to the Mayor and Board of Commissioners. COMMISSIONER CONCERNS Commissioner Bonitz asked on the progress and timeline for starting the Hearne Road water line project. Manager Gruesbeck said a contract has been signed with Hydrostructures and he expects work to start sometime this summer. ADJOURNMENT May 29, 2018 Minutes Page 11 Motion made by Commissioner Fiacco seconded by Commissioner Baldwin to adjourn at 12:15 am. Vote Aye-5 Nay-0 ATTEST: Alice F. Lloyd, CMC, NCC Town Clerk May 29, 2018 Minutes Page 12