1. Board of Commissioners (BOC)

MINUTES i I TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, AUGUST 27, 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., Police Chief Percy Crutchfield, Planning Director Jeff Jones, Planner II Victoria Bailiff, Engineer Margaret Goodson and Parks Planner Paul Home. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the regular [ agenda as submitted. Vote Aye-5 Nay-0 CONSENT AGENDA Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to approve the consent agenda as submitted with a change to the August 13, 2018 minutes, page 6, 2nd paragraph substituting the words "not be less than" for "be a maximum of'. 1. Approve Minutes of the August 13, 2018 regular meeting. (with correction listed above) 2. Approve Sanford Forcemain Project Budget Ordinance Amendment and AECOM Agreement. 3. Set Public Hearing for System Development Fees (SDF) Analysis for September 24, 2018 at 7:00 pm. 4. Approve Budget Amendment for NCDOT Bicycle/Pedestrian Plan. AN ORDINANCE AMENDING CAPITAL PROJECT BUDGET FOR I SANFORD FORCEMAIN IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 109-110 August 27, 2018 Minutes Page 1 AN ORDINANCE AMENDING THE 2018-2019 OPERATING BUDGET IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 111 PUBLIC HEARING Motion made by Commissioner Foley seconded by Commissioner Fiocco to go into public hearing. Vote Aye-5 Nay-0 SPECIAL USE PERMIT (SUP-2018-04) REQUEST FOR PROPANE DISTRIBUTION STATION LOCATED AT 136 FAYETTEVILLE STREET Victoria Bailiff, Planner II reported that Matthew McClory is requesting a special use permit to operate a Liquefied Petroleum Gas Refueling Station at 136 Fayetteville Street, in the C-2 zoning district, where LP Gas Refueling Stations are required to obtain special use permits. The proposed station will use a 500-gallon tank for refueling and 1309 square feet of the existing structure for office and retail space. The uses currently housed in the structure require a total of 20 parking spaces; the retail and office space to accompany the refueling station requires 7 parking spaces. The Pittsboro Zoning Ordinance requires that "all off-street parking areas shall be graded and paved to Town specification if more than ten spaces are used regularly at least five days per week for more than 120 consecutive days in a year." The paved parking currently in place at 136 Fayetteville Street cannot accommodate the required 27 parking spaces. Mayor Perry swore in Matthew McClory and Mohammed Sbaiti (Pittsboro Rentals) . PUBLIC COMMENTS: Matthew McClory said he is here to answer any questions the Board may have. He said it is going to be him and his father's business and they will sell mainly to residential contractors. There will not be a lot of walk-ins. Mr. McClory said he currently has a business in Wilmington and they average 4.7 walk-ins per day. He will work there and maybe have an assistant. He doesn't think the number of spaces required by the Ordinance are needed. Commissioner Farrell asked how the property faired after the last rain. Mohammed Sbaiti said he was the property owner and is here to answer questions. He said regarding parking spaces - they have an online business where they sell socks. Three spaces is all they have used since they have been in the building. They will not use the number of spaces required by the zoning ordinance. Commissioner Farrell said he rode by there today and the existing parking spots don't look like parking spaces. August 27, 2018 Minutes Page 2  Commissioner Fiocco said we have so many uses that require a SUP and when you look at the sketch provided it doesn't come close to meeting the requirements of the site plan application that would help answer a lot of the questions about whether it does or does not meet the standards of the ordinance. Commissioner Fiocco said the very first thing this board has to determine is that the application is complete, if not they can't even hear it. There is a caveat that says the Planning Director or Zoning Administrator may require more or less information than a site plan. If not, they would have to find it incomplete, is his understanding. Mr. McClory said he has submitted site plans around the state and this is stricter than what he is used to seeing. The site will have Department of Agriculture approval. Commissioner Bonitz said he is familiar with the safety of propane. He asked Mr. McClory to explain it the Board. Mr. McClory said it is a flammable gas in an enclosed cylinder and is safe when used correctly it is more of a burning hazard than an explosion hazard. Commissioner Bonitz said he likes the proposal and is all about using existing buildings. Mr. Sbaiti said his cash flow is depleted and he would rather go back with crush and run instead of pavement. He said the current parking can be striped. f Motion made by Commissioner Foley seconded by Commissioner Fiocco to go out of public hearing. Vote Aye-5 Nay-0 REGULAR MEETING AGENDA CITIZENS' MATTERS Ron Hatley - 24 Roy Hatley Rd., Pittsboro - read into the record his written comments which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B- 4E92-8B2B-l BAC76976EB0} &DE={50F2324F-D992-4C27-BE9B-B98D8CDDB305} (Ron Hatley comments) John Ford- 58 N. Freeman Drive, Pittsboro - said he is concerned about traffic on Millbrook. It is currently a nuisance to him to have to stop and wait for a car to pass by. He said the last thing they need is more traffic on this road. As a member of the Town, he would like to think the Board would put public safety above everything. Bonnie Thompson -277 Millbrook Drive, Pittsboro -wanted to discuss the Planning Staff recent recommendations. She said the idea of putting a parking lot behind homes would be terrible. Not being able to park on the street and having company to park two blocks away would impact their ability to sell their homes (this is called devaluing property). August 27, 2018 Minutes Page 3 Judy Betterton- 615 Millbrook Drive, Pittsboro - read into the record her written comments which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4D0A9- D93B-4E92-8B2B-1 BAC76976EB0}&DE={50F2324F-D992-4C27-BE9B-B98D8CDDB305} (Judy Betterton comments) Pam Stone - 285 Millbrook Drive, Pittsboro - said as leaders of the community they are charged with protecting the safety of citizens. She spoke about expected construction traffic on Millbrook and there being only one entrance in and one out of the development. She said this is a safety issue that has not been dealt with yet. Ms. Stone said where the proposed parking lot is there is not a sidewalk and the lighting is not sufficient. It is not a safe place for anyone to walk from. She also spoke about school bus traffic. Elaine Chiosso - 1076 Rock Rest Road, Pittsboro - said she asked at the last meeting if the Town had responded to the letter from Division of Water (regarding Pittsboro's need to follow up and commit to having larger riparian buffers). She made a public records request and received a copy of the response which came from Chatham Park's Attorney that was very dishearten to her, at least it could have come from the Town Attorney. Ms. Chiosso said the letter mentions a meeting being scheduled so she will be submitting another public records request to receive that information. She said the Town needs to have more transparency. Bonnie Finkle - 227 Millbrook Drive, Pittsboro - stated the parking lot be will be next to her house and it is very dark back there. She said it doesn't make any sense not to be able to park in front of your house. She has been living there ten years. COMMISSIONER/MANAGER UPDATES Mayor Updates - Mayor Perry stated she has: • Had discussions with many residents about the traffic situation at Powell Place. • Had conference call discussing water quality. • Attended meeting discussing EIS and water quality issues. • Attended two ribbon cuttings for businesses in town. • EDC • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments • Main Street - Attended progress meeting on downtown improvements and they will break ground in February 2019. • Climate Change - Commissioner Bonitz said the annual Climate Change report is available on the Chatham County Website. He said he has also spoke with many individuals about the ingress and egress issue in Powell Place. He thinks they are close to a solution and look forward to further discussion. August 27, 2018 Minutes Page 4  • Human Relations Committee - Commissioner Foley asked that it be added on the agenda for updates. They will be meeting Tuesday at 6:30 pm. Mayor Perry said she will be out of Town for the Ruritans 60th Anniversary and Manager Gruesbeck has agreed to go in her place. She will have a resolution for the next meeting. She wanted to invite the rest of the board to go as well. Manager Gruesbeck's updates can be found at: https://pittsboronc.gov/index.asp?Type= B BASI C&SEC={ 4DD4 D0A9-D93 B-4E92-8B2B- 1BAC76976EB0} &DE= {50F2324 F-D992-4C27-BE9B-B98D8CDDB305} (Updates 8.27.18) Manager Gruesbeck recognized Chief Crutchfield who retires after 30 years of service in Law Enforcement. Mayor Perry and Board members thanked Chief Crutchfield for his dedication and hard work. Chief Crutchfield received a standing ovation. Chief Crutchfield said this was one of the hardest things he has had to do. He is grateful for the opportunity to serve his community. He will be a Special Agent for the State of North Carolina. He said his success has been because of the staff he has. The Town of Pittsboro has great employees. Manager Gruesbeck briefed the Board on the Police Chief hiring process. OLD BUSINESS [ SPECIAL ASSESSMENT DISTRICT Torn D' Alesandro stated he was here tonight to give the board an update and to provide them with a binder so that everything can be put together since they have been presenting them piece by piece. He said he has given them three things so far and the next two sections are blank for things to come. Joe Lucas went over the Preliminary Assessment Resolution which is the first action the Town would take after they receive the petition. Torn D' Alesandro said he would like to come back at a later time for further discussion or maybe even do a worksession. Mayor Perry asked would that be something we would like to start at 6 pm. The board agreed it would be. SITE PLAN REVIEW (SP-2018-01) POWELL PLACE APARTMENTS Victoria Bailiff, Planner II gave highlights from the memorandum submitted in the agenda packet. August 27, 2018 Minutes Page 5 STAFF ANALYSIS: - Prepared for Planning Board, July 9, 2018. This proposal is being presented to the Board of Commissioners as a Site Plan for approval. The plans have been reviewed in accordance with the Town's applicable development ordinances by the appropriate departments. The proposal is to construct an apartment complex in the Powell Place MUPD which will consist 10 separate apartment buildings as well as a clubhouse. The applicant has proposed a total of 264 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 Heydon 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. At the July 23 rd Town Board meeting, The Board decided to table action on this request for 30 days to study alternates to on street parking and access. Staff understand that the developer has met with a couple of members of the Board to go over alternatives, although staff is not aware that those meetings resulted in any changes to the proposed plan. Staff has studied this issue and we have a couple of suggestion for the Board to consider, both are shown on an attached map. https://pittsboronc.gov/index.asp?Type= B BASIC&SEC= {4DD4 D0A9-D93 B-4 E92-8B2B- lBAC76976EB0} &DE={ 50F2324 F-D992-4C27-BE9B-B98D8CDDB305} (SP-2018-01 Powell Place BOC Mtg 082718 -Documents (2) and Memo) The first concern that staff has understood to be important to the residents of Powell Place, those who reside past the senior apartment complex in the rear of the neighborhood is the need for an access to leave or evacuate the area if there is an issue where Millbrook is blocked. Staff suggest that the Town work with the property owners of the Mobile Home Park to the rear of Powell Place to grant a temporary access through the Millbrook stub to Evie Lynn Rd. The connection to Evie Lynn is approximately 250 feet. The Town would want to secure access rights to Evie Lynn and upgrade Evie Lynn with additional grading and gravel. This access would be on an emergency need only access and could be gated with a lock that Town official could access when needed. The second concern is traffic traveling along Millbrook and not being enough room to have two- way traffic and on street parking. While the developer is widening the portion of Millbrook August 27, 2018 Minutes Page 6  along its frontage there leave a stretch of Millbrook where traffic conflict could still be an issue. Staff suggest that a small parking area be located on Powell Place HOA land at the end of Concord Row to accommodate those residents that are parking along Millbrook from Danbury Ct. along to Powell Place Ln. This parking area could be sized to accommodate around 9 properties along Millbrook, who staff believes utilizes on street parking. The Town would enforce no on street parking along this stretch of Millbrook, save for 15-minute parking for deliveries designation. There was a discussion about a bridge across the creek. Mark Ashness said it would be cost prohibited but he is not prepared to speak on that tonight. Patrick Bradshaw said the configuration would render the site unusable and it is the site for the hotel. Jeff Jones, Planning Director said staff found land adjacent that would work as a parking lot. He said houses with parking pads works better than the ones with garages. Mr. Jones said some concerns were raised about sidewalks and lighting earlier tonight. He said staff would limit parking on Millbrook per MUPD. There was much discussion about gaining easements for emergency access (through the MHP on Evie Lee Road) - not for everyday traffic. There was discussions that the property will be interconnected once it has more development go [ in. Mr. Jones said they just don't have the adjacent development they were going to have 12 years ago. Commissioner Bonitz stated an evacuation route connecting to Evie Lynn Road is a high priority for him. Commissioner Baldwin agreed. Commissioner Bonitz asked who would fund this. Commissioner Baldwin said she feels it is the Town's responsibility but that we should ask the development for assistance as well. Attorney Bradshaw said his client has done a lot more than is required for approval site plan. Mayor Perry stated some adjoining property is for sale. She said Edward Holmes has talked with the owners of the Cooper Tract that is for sale. The tract is landlocked and would have to have connectivity. Commissioner Farrell said he spoke with Mr. Cooper and he is not interested in having a road through there Commissioner Foley said eventually there will be ways in and out of the area. Commissioner Baldwin said she would check with the property owners on Evie Lynn Road to see if they are willing to provide a temporary emergency easement. The Board agreed this is a safety issue. Commissioner Fiocco said it is a temporary solution. August 27, 2018 Minutes Page 7 Commissioner Farrell said being in Fire & Rescue he knows they would not use it, but it would be good for resident to leave the development, not for emergency vehicles to come in. Attorney Bradshaw said he is sure his client will continue to engage in discussions on alternatives to traffic concerns. He said this has nothing to do with site plan approval. He asked the Board to take a vote on the site plan. Commissioner Bonitz said there is a serious public safety concern and the condition for his vote would be the $300,000 worth of improvements on Millbrook. Attorney Bradshaw stated the Site Plan has been under discussion since February. It has been approved by Staff and the Planning Board. The landowner has addressed concerns that were raised. It is not appropriate to make any type conditions on the approval. The Board agrees there are safety issues in the development which occurred before the apartments. He thanked the developer for his willingness to address citizens' concerns. Commissioner Foley said there is a traffic problem before the apartments are built. The development is allowed in accordance with Town Ordinance. Motion made by Commissioner Bonitz seconded by Commissioner Farrell to approve (SP-2018- 01) Powell Place Apartments as proposed. Commissioner Fiocco wanted to acknowledge the offer from the applicant to look for alternative solutions for parking. Commissioner Foley asked that they get input from residents on the street. Commissioner Foley said she is impressed at the way the community came together and spoke out. Vote Aye-5 Nay-0 SITE PLAN (SP-2018-01) POWELL PLACE APARTMENTS IS ON FILE IN THE PLANNING DEPARTMENT Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to take a five minute break. Vote Aye-5 Nay-0 Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to go back into the regular meeting. Vote Aye-5 Nay-0 CHATHAM PARK ADDITIONAL ELEMENTS - STORMWATER Elizabeth Goodson, Becky Smith and Brandon Sykes (both from Hydrostructures) were present to answer questions. Ms. Goodson stated this was before the Board in February and the Board asked that Hydrostructures be hired to review and make comments to the Board. August 27, 2018 Minutes Page 8  During Hydrostructures' review of the Stormwater Element, the Town' s Environmental Impact Statement (EIS) that was used to secure the NPDES Permit for wastewater discharge was referenced. There are several items related to those comments that staff along with others are working with the State to demonstrate compliance. Ms. Goodson said she met with Mr. Sykes and Ms. Smith earlier today and most of their concerns have been addressed. Ms. Goodson said she will continue to work with HydroStructures and will bring it back when it is complete. Mr. Sykes and Ms. Smith said that most of their concerns have been addressed. Mr. Sykes stated on his chart everything is compliance except for EIS and they are working that out. They feel they are very close. Mr. Sykes said their job is to make sure the Town is protected. Commissioner Farrell thanked them because he didn't know what stormwater was. CHATHAM PARK ADDITIONAL ELEMENTS - PUBLIC FACILITIES Jeff Jones, Planning Director stated Chatham Park has been working on amending this section after receiving comments from the public, staff and the Board. He said they did not submit anything to be included in the agenda packet. Chuck Smith stated he had some items to hand out and he went over the changes that have been made. Map and Handout supplied by Chuck Smith at the meeting can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={50F2324F-D992-4C27-BE9B-B98D8CDDB305} (Map handout at meeting from CP and Handout from CP at meeting) After Mr. Smith's presentation he said he get the concepts and they will rewrite it once, instead of multiple times. Commissioner Farrell said there is fire meeting taking place on Wednesday. NEW BUSINESS - (none scheduled) ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Bonitz said he spoke with someone from the City of Raleigh that works in Fleet Management. They said they could get us the acreage that would be needed for a public works facilities. [ August 27, 2018 Minutes Page 9 Commissioner Bonitz thanked Mayor Perry, Manager Gruesbeck and Commissioner Fiocco for attending the July 30, 2018 meeting with NCDOT about getting truck traffic out of downtown. He would like for us to have a written record of conversation on that. Commissioner Bonitz said that Town Board as well as the County Board of Commissioners received an email requesting drinking water samples. The study will be conducted by Duke University and it is free. CLOSED SESSION Motion made by Commissioner Farrell seconded by Commissioner Bonitz to go into closed session pursuant to NCGS 143-318(a)(3) to consult with the Town Attorney regarding pending litigation. Vote Aye-5 Nay-0 Motion made by Commissioner Bonitz seconded by Commissioner Farrell to go out of closed session. Vote Aye-5 Nay-0 ADJOURNMENT Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to adjourn at 11: 15 pm. Vote Aye-5 Nay-0 ~CindyPeify, Je Mayor ~ ATTEST: /&2~-~ N Town Clerk August 27, 2018 Minutes Page 10