1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, JULY 23, 2018 7:00 PM Mayor Cindy S. Perry stated she normally open the meeting with a gavel. But, tonight because of a certain video produced by Pittsboro Police Department and the glory of having fun she will be using a cowbell to open up tonight. Mayor Perry said anyone that has not seen the video need to do so. Mayor Perry requested 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., Engineer Elizabeth Goodson, Planning Director Jeff Jones, Planner II Victoria Bailiff and Police Chief Percy Crutchfield. r Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the regular agenda as submitted. Vote Aye-5 Nay-0 Mayor Board asked the Board to introduce themselves and she introduced staff in attendance. CONSENT AGENDA Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to approve the consent agenda with corrections to the minutes that were at their seats tonight. The Consent Agenda contains the following items: 1. Approve Minutes of the June 23, 2018 regular meeting. 2. Approve Resolution to Approve Financing for Capital Purchases for Police Department, Public Works and Public Utilities. 3. Approve Sewer Allocation Request from Orange Communities, LLC at 146 Cedar Lane for 360 gallons per day. Vote Aye-5 Nay-0 July 23, 2018 Minutes Page 1 A RESOLUTION TO APPROVE FINANCING FOR CAPITAL PURCHASES FOR POLICE DEPARTMENT, PUBLIC WORKS AND PUBLIC UTILITIES IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 204-209 PUBLIC HEARING Motion made by Commissioner Fiacco seconded by Commissioner Foley to go into public hearing. Vote Aye-5 Nay-0 UNIFIED DEVELOPMENT ORDINANCE (UDO) UPDATE Planning Director Jeff Jones stated we have been working on the UDO since 2014. A presentation was made to the Board in August 2017 and the public hearing tonight is on that draft, which has been online since that time. Mr. Jones stated after the Public Hearing it will go to the Planning Board and then back to the Board of Commissioners for adoption. Tonight we are here to hear comments. Mr. Roger Waldon was present and went over a PowerPoint presentation which can be found at: https://pittsboronc.gov/index.asp?Type= B BASI C&SEC={ 4DD4 D0A9-D93B-4E92-8B2B- lBAC76976EB0} &DE={FD353 D4 F- l 221-4623-AC79-55A05029F7CF} (UDO PowerPoint Presentation 072318) The attached emails were submitted prior to the meeting: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={FD353D4F-1221-4623-AC79-55A05029F7CF} (PH Comments 072318) Public Comments: Joy Hewett - 3069 Silk Hope Gum Springs Road, Pittsboro read her written comments which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4D0A9-D93B- 4E92-8B2B- l BAC76976EB0} &DE={FD353D4F-l 22 l-4623-AC79-55A05029F7CF} (Joy Hewitt written comments 072318) Catherine Deininger- 124 Goldberry Lane, Pittsboro - read her written comments and they can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4D0A9-D93B- 4E92-8B2B-1BAC76976EB0}&DE={FD353D4F-1221-4623-AC79-55A05029F7CF} (Catherine Deininger written comments 072318) Dave Pettine - 6727 Burlwood Rd., Charlotte, NC - read his written comments can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={FD353D4F-1221-4623-AC79-55A05029F7CF} (Dave Pettine written comments/documents) July 23, 2018 Minutes Page 2  John Graybeal- 3396 Alston Chapel Church Road, Pittsboro - stated he is on the Chatham County Climate Change Committee and this landed on his desk this afternoon. He supports 1 better tree canopy retention and also has concerns about payment in lieu. Liz Cullington 390 Rocky Hill Road, Pittsboro - stated she was glad to hear comments that the process is longer than she thought, she figures a couple of months is not feasible for this document. She is concerned that there is too little public participation. She would like to see the final stage of the process publicized more. She would like that the public be notified two weeks before on which section is going to be addressed. Elaine Chiosso - 1076 Rock Rest Rd., Pittsboro - written comments can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={FD353D4F-1221-4623-AC79-55A05029F7CF} (Elaine Chiosso written comments 072318) Randy Voller - 21 Randolph Court, Pittsboro - stated if the Board moves forward and approves this he would advise the Board that the Main Street District be given flexibility in order to encourage redevelopment and development in downtown. He would also like to see a mechanism that makes amending the ordinance simple and straight forward. He was glad to hear that it will be going back to the Planning Board. After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Farrell to go out of public hearing. Vote Aye-5 Nay-0 I• REGULAR MEETING AGENDA CITIZENS' MATTERS Email from Lindsay Tuttle Yoxheimer was received prior to the meeting and can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={FD353D4F-1221-4623-AC79-55A05029F7CF} (Lindsay Tuttle Yoxheimer PP Comments 072318) Lisa Clement- 615 Millbrook Drive, Pittsboro, NC - spoke about the traffic study that was done by the developers, she has concerns that enough detail has not been given. She asked that the Board stand with the residents and vote no for the site plan in its current form. Judy Betterton- 615 Millbrook Drive, Pittsboro, NC - read her written comments into the record. The comments can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={FD353D4F-1221-4623-AC79-55A05029F7CF} (Judy Betterton written comments 072318) Sharon Perry - 80 Freeman Drive, Pittsboro, NC - urged the Board to send the plan back to the Planning Board to find a way to get cars in development without going through Powell Place. July 23, 2018 Minutes Page 3 David Perry - 80 Freeman Drive, Pittsboro, NC - stated he has sent documents to the Board members before so he want go over that again. He spoke with Bill Terry and he brought up a couple of questions - the MUPD was approved fifteen years ago - have we checked to make sure everything is following what was approved, and to make sure we have adequate infrastructure to handle these additional residences. Joy Hewitt - 3069 Silk Hope Gum Springs Rd., Pittsboro - would like to add to here previous comments that the Board please add the Haw River 2,000 foot buffer on the Haw River as part of the Natural Resource Conservation Overlay. Melanie Y. York- 90 Cobble Ridge Drive, Pittsboro - stated safety is her number one concern and that the "bottleneck" must be addressed. Bonnie Thompson - 277 Millbrook Drive, Pittsboro - stated she is very concerned about traffic. COMMISSIONER/MANAGER UPDATES Mayor Updates - Mayor Perry reported that she attended the following: • Judged the peach pie contest during Summerfest. • Attended 100th birthday celebration for a member of the community. • Attended the Town and County Affordable Housing Task Force Meeting. • Attended special meeting with representative from School of Government. • Attended EDC Meeting and Chatham Partnership Meeting. • EDC - Commissioner Fiocco said he attended the EDC meeting and Kyle Touchstone, stepped down and Alyssa Byrd will be the new director. He congratulated the PBA for a wonderful Summerfest. • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments • Main Street • Climate Change Manager Gruesbeck gave an overview of the written comments submitted with the agenda packet. Manager Gruesbeck's written updates can be found at: https://pittsboronc. gov/index.asp?Type=B BASIC&SEC= {4DD4 D0A9-D93 B-4 E92-8B2B- 1BAC76976EB0} &DE={FD353 D4 F-1221-4623-AC79-55A05029F7CF} (Updates 072318) OLD BUSINESS PITTSBORO ABC UPDATE Jim Nass reported that sales at the ABC store has increased. He presented the Mayor with checks for the third quarter, in the amount of $11,752.00. AFFORDABLE HOUSING TASK FORCE UPDATE July 23, 2018 Minutes Page 4  Jim Nass gave the Affordable Housing Task Force Update. Written update submitted by Mr. Nass can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9- D93B-4E92-8B2B-1BAC76976EB0}&DE={FD353D4F-122l-4623-AC79-55A05029F7CF} (AHTF written comments) There was a discussion about the different type of affordable housing options available now. Commissioner Bonitz will get information to Mr. Nass on small mobile homes. SITE PLAN REVIEW (SP-2018-01) POWELL PLACE APARTMENTS Victoria Bailiff, Planner II stated the proposal is to construct an apartment complex in the Powell Place MUPD which will consist of 10 separate apartment buildings as well as a clubhouse. The applicant has proposed a total of264 units; 84 one-bedroom units, 144 two-bedroom units and 36 three-bedroom units. The applicant submitted a Traffic Impact Analysis with their Site plan due to concerns voiced by current Powell Place residents. The report indicated that the Reydon Row/Millbrook Drive and Powell Place Lane/Millbrook Drive intersections would maintain their current LOS (Level of Service) with the addition of the 264 apartment units. The Town of Pittsboro hired RS&H to review the Traffic Impact Analysis provided by the applicant to ensure the correctness of the submitted assessment. The RS&H report revealed that the Traffic Impact Analysis had been performed in accordance with the industry standards and that the results were valid. To further ease current residents' traffic related concerns, the applicant will be dedicating right of way along the front of their property to allow for better traffic flow with on-street parking. Staff recommends approval of the proposed request, subject to issuance of any additional local and [ state permits. PLANNING BOARD RECOMMENDATION: The Planning Board recommended approval of this site plan. The Board posed questions regarding traffic movement within the Powell Place MUPD; but ultimately they found the plans to be satisfactory and in a vote of 6-0, recommended approval. Patrick Bradshaw stated he is representing the applicant and land owner. What he would like to say is this is not a rezoning, it is not an application to change the uses of this property. It is a site plan review application, which calls for this board to determine whether the plan submitted satisfies the Town's ordinances, regulation and the Master Plan for Powell Place. There was much discussion about traffic/safety on Millbrook Drive. After much discussion a motion was made by Commissioner Fiocco to approve Site Plan (SP- 2018-01 ). Motion died due to the lack of a second. Motion made by Commissioner Foley seconded by Commissioner Bonitz to table the request for 30 days in order to address safety issues that were made tonight and seeking a solution for additional ingress and egress to the apartments .. Vote Aye-5 Nay-0 I July 23, 2018 Minutes Page 5 Motion made by Commissioner Baldwin seconded by Commissioner Farrell to take a five minute break. Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to go back into regular session. Vote Aye-5 Nay-0 During break representatives from Chatham Park agreed to have #8 tabled until the next meeting. The Board discussed and agreed to start the regular meeting at 6 pm instead of 7 pm. ANNEXATION REQUEST (A-2018-01) - CHATHAM PARK 5.1 NORTH Motion made by Commissioner Foley seconded by Commissioner Bonitz to accept the Sufficiency of petition and approve the Ordinance Extending the Town Limits (A-2018-01) Chatham Park 5.1 North. Vote Aye-5 Nay-0 SUFFICIENCY OF PETITION IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 210-214 AN ORDINANCE EXTENDING THE TOWN LIMITS IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 97-101 PRELIMINARY SUBDIVISION PLAT REVIEW (SUB-2017-02)-CHATHAM PARK SECTION 5.1 SUBDIVISION NORTH After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Baldwin to approve the Preliminary Subdivision Plat with exemption from the sidewalk requirement (SUB-2017-02). Vote Aye-5 Nay-0 PRELIMINARY SUBDIVISION PLAT (SUB-2017-02) CHATHAM PARK SECTION 5.1 SUBDIVISION NORTH IS ON FILE AT THE PLANNING DEPARTMENT ORDINANCE AMENDMENT REQUEST (ZTA-2018-03) REGARDING PUBLIC UTILITIES WITH SERVICE YARDS After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Farrell to approve the consistency statement for (ZTA-2018-03). Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Farrell to approve An Ordinance Amending Public Utilities with Service Yards (ZTA-2018-03). Vote Aye-5 Nay-0 July 23, 2018 Minutes Page 6  A CONSISTENCY STATEMENT FOR (ZTA-2018-03) CHATHAM PARK SECTION 5.1 SUBDIVISION NORTH IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 215 AN ORDINANCE AMENDING PUBLIC UTILITIES WITH SERVICE YARDS (ZTA- 2018-03) IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 102-104 NEW TOWN HALL UPDATE Taylor and Grimsley Hobbs were present and gave a PowerPoint presentation on the New Town Hall and it can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={FD353D4F-1221-4623-AC79-55A05029F7CF} (Town Hall- 7-23- 2018 Presentation) After much discussion a motion was made by Commissioner Fiocco seconded by Commissioner Foley that they approve the concept plan with the study of additional parking and preliminary pncmg. Vote Aye-5 Nay-0 CHATHAM PARK ADDITIONAL ELEMENTS-PUBLIC FACILITIES; STORMWATER Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to table this item until the August 13, 2018 meeting and that the regular meeting start at 6:00 p.m. Vote Aye-5 Nay-0 NEW BUSINESS - (none scheduled) ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS None I July 23, 2018 Minutes Page 7  ADJOURNMENT Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to adjourn at 12:15 a.m. Vote Aye-5 Nay-0 ATTEST: Alice F. Lloyd, CMC, NCCM Town Clerk July 23, 2018 Minutes Page 8