1. Board of Commissioners (BOC)

MINUTES i TOWN OF PITTSBORO BOARD OF COMMISSIONERS I REGULAR MEETING MONDAY, SEPTEMBER 10, 2018 7:00 PM Mayor Pro Tern Pamela Baldwin 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 Pro Tern Pamela Baldwin, Commissioner John Bonitz, Jay Farrell, Michael Fiocco and Bert Wilson Foley. Mayor Cindy S. Perry was on vacation. Staff present: Manager Bryan Gruesbeck, Clerk Alice F. Lloyd, Attorney Paul S. Messick, Jr. (arrived at 8:15 pm), Interim Police Chief Troy Roberson, Planning Director Jeff Jones, Planner II Victoria Bailiff, Parks Planner Paul Home and Engineer Elizabeth Goodson. I CONSENT AGENDA Commissioner Fiocco said a minor correction needs to be made to the minutes. Page 9, 4th paragraph down change Mr. Smith to Ms. Smith. Motion made by Commissioner Farrell seconded by Commissioner Foley to approve the consent agenda with the correction to the minutes and the regular agenda as presented. The Consent Agenda contains the following items: 1. Approve Minutes of the August 27, 2018 regular meeting. 2. Approve Resolution Celebrating 60 th Anniversary of the Bynum Ruritans Club. 3. Approve Resolution Authorizing the Sale of Surplus Property. 4. Set Public Hearing for Rezoning Request (REZ-2018-02) at 893 East Street from R-10 High Density Residential to C-2 Highway Commercial for September 24, 2018 at 7 PM. Vote Aye-5 Nay-0 A RESOLUTION CELEBRATING THE 60TH ANNIVERSARY OF THE BYNUM RURITANS CLUB IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 216 September 10, 2018 Minutes Page 1 A RESOLUTION AUTHORIZING THE SALE OF SURPLUS PROPERTY IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 217-224 REGULAR MEETING AGENDA CITIZENS' MATTERS Emily Sutton - Haw River Keeper - 143 Bynum Hill, Pittsboro read from a prepared statement which can be viewed at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={93B007BF-9D3A-40Fl-ABB0-46EAD80E08F4} (Emily Sutton comments 091018) Ron Hatley - 24 Roy Hadley Rd, Pittsboro read from a prepared statement which can be viewed at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={93B007BF-9D3A-40Fl-ABB0-46EAD80E08F4} (Ron Hatley comments 091018) Joy Hewett- 3069 Silk Hope Gum Springs Road, Pittsboro read from a prepared statement which can be viewed at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={93B007BF-9D3A-40Fl-ABB0-46EAD80E08F4} (Joy Hewett comments 091018) Liz Cullington- 390 Rocky Hills Road, Pittsboro read from a prepared statement which can be viewed at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4D0A9-D93B-4E92- 8B2B-1BAC7697 6EB0} &DE= {93 B007BF-9D3 A-40F 1-ABB0-46EAD80E08F4} (Liz Cullington comments 091018) Debbie Tunnell - 282 Moore Mountain Road, Pittsboro red from a prepared statement which can be viewed at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B- 4E92-8B2B-1BAC76976EB0}&DE={93B007BF-9D3A-40Fl-ABB0-46EAD80E08F4} (Debbie Tunnell 091018) COMMISSIONER/MANAGER UPDATES Mayor Updates • EDC • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments • Main Street • Climate Change OLD BUSINESS September 10, 2018 Minutes Page 2  SPECIAL USE PERMIT (SUP-2018-08) FOR LP GAS REFUELING STATION AT 136 FAYETTEVILLE STREET Victoria Bailiff gave an overview of the information provided in the agenda packet: STAFF ANALYSIS: 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. Staff is recommending denial of the request, as the parking requirements for the business have not been met. PUBLIC HEARING: A public hearing was held on August 27, 2018. No citizen presented evidence against the request. The applicant and property owner were present answer questions from the Board of Commissioners. I PLANNING BOARD: The Planning Board reviewed these plans at their meeting on September 5, 2018 and recommended approval of the Special Use Permit in a vote of 5-0. The Board considered this location to be appropriate for an LP Gas Refueling Station and believed the site plan to have met the special use requirements in Section 5.3.3.30 of the Zoning Ordinance. The Board maintained that the refueling station and the office and retail space, though operated by the same company, are separate uses and should be evaluated as such. Despite the Board's recommendation for approval of the special use permit, it was suggested to the owner that a plan be put in place to meet the parking requirements for this facility . Commissioner Fiocco said the site plan is not complete. He stated it appears that the flood plains on the property will have some improvements but there is not enough details to tell. Commissioner Fiocco said he can't make the finding that the site plan is complete and therefore he made a motion to deny the request. Motion died due to the lack of a second. Mr. McClory said he prepared the site plan with a site plan software and at the time he was told it didn't have to be at scale as you are requesting. He was trying to meet the requirements of the SUP when he made this. He provided information on the storage tank along with bollard protection he doesn't know why it is not here tonight. Mohammed Sbaiti stated he marked off 15 parking spaces in the rear and there are 6 existing for a total of 21 parking spaces. He said so many people have stopped by while he is working in the building to say they are glad he is doing it. He stated he just doesn't have the funds to pave the parking lot now, he needs to rent it to Matthew to get funds to pave the parking lot. September 10, 2018 Minutes Page 3 Mr. Sbaiti stated he went to pick up his daughter from Theater Group and noticed the parking lot behind Virlie's is crush and run they are not that far apart and they are being held to another standard. Commissioner Fiocco said he is not trying to make it difficult but they don't have the ability to waive for some and not others. Commissioner Bonitz stated he disagrees they have approval from the planning board. Commissioner Fiocco asked Ms. Bailiff if the Planning Staff thought it was a complete application. Ms. Bailiff said yes, our ordinance does not say under 3,000 ft they have to have a professional engineer. Commissioner Fiocco asked if that allows it not to include all of the information associated with a Site Plan. Ms. Bailiff responded no. After discussion on the parking lot, lighting and flood plain a motion was made by Commissioner Bonitz seconded by Commissioner Foley to approve SUP-2018-08 for a LP Gas Refueling Station at 136 Fayetteville Street and that they submit a parking plan within one year. Vote Aye-4 Baldwin/Bonitz/Farrell/Foley Nay-1 Fiocco SUP-2018-08 FOR LP GAS REFELING STATION AT 136 FAYETTEVILLE STREET IS ON FILE IN THE PLANNING DEPARTMENT CHATHAM PARK MASTER PLAN AMENDMENT-ADDITIONAL ELEMENT PUBLIC FACILITIES Jeff Jones, Planning Director highlighted the memorandum submitted in the agenda packet. The Board of Commissioners should continue their discussion on Public Facilities. Chatham Park over the last several months have presented and discussed with the Board at various meetings the Public Facilities element. During this time a considerable amount of effort has taken place to assure the Town and others and facilities such as Fire Stations and Schools have been accounted for in the future of Chatham Park. Of the sections of Public Facilities, Parks, has been the topic of discussion over the last several meetings, with Chatham Park providing information during the Board meetings that help the Town understand how Parks would be provided within Chatham Park. The Master Plan requires a certain amount of Park Land, 667 acres. This Element as written intends to inform the Board on how Chatham Park would provide for Park Land. Over the course of the Parks discussion, there have been a number of edits that have been proposed by Chatham Park to address various Town Board requests, those edits have resulted in a new Public Facilities Element that is included with this memo. September 10, 2018 Minutes Page 4  Staff received the latest revision to the Public Facilities Element that is included in this packet, too late in the process (9/6/18) to be able to fully review and provide the Town ' Board with comments and direction. Along with Chatham Park Public Facilities Element the Town has been engaged in a yearlong Parks and Recreation Master Plan that is close to completion. At the August 13 th Town Board meeting the Town's Consultant provided an overview of the Parks Master Plan, including recommendation and implementation items as a result of the Planning Process. The goal of staff is for the Town Board to approve the Parks Master Plan in October. With the Parks Master Plan in the final stages, staff believes the approval of the Public Facilities Element should be delayed until such time the Town has completed its own Parks and Recreation Master Plan. Below is the timeline for the Parks Master Plan over the next several weeks. • Parks Plan Steering Committee/ PARAB Presentation on September 12, 2018 at the Road House 7PM • BOC and Mayor to provide written feedback/ questions/ concerns to me by September 13, 2018. • •Staff will address the Board during the September 24, 2018 meeting to discuss their/community consolidated comments • After the 24th , staff will need approximately 3 to 4 weeks to finalize the document for official adoption. Commissioner Farrell asked where do we supposed to get the $3 million dollars in matching [ funds. Manager Gruesbeck said that has not been determined. Commissioner Fiocco said the Parks Master Plan mentions partnering with others, Chatham County for one. Commissioner Fiocco said Chatham Park and the Town of Pittsboro have been working on this element for a while. He is not in favor of waiting on the Parks Master Plan approval. Commissioner Fiocco mentioned the contribution to the public realm from Chatham Park. He would like to see the Board take action at the next meeting. Planning Director Jeff Jones went over the bullet points from last meeting. Commissioner Bonitz wants to take a look at public works, as well. Commissioner Farrell asked the board if it was right to assume the fire element is acceptable to the Board. Commissioner Bonitz asked if the Fire Department was in agreement with it. Commissioner Farrell said yes. The consensus of the board was that the fire element is accepted as submitted. HEARNE ROAD WATER SYSTEM IMPROVEMENTS UPDATE September 10, 2018 Minutes Page 5 Elizabeth Goodson, Engineer stated that earlier this year, the Town entered into a contract with Hydrostructures, P.A. to perform design, bid administration, construction inspections and construction administration for the waterline line to serve the Hearne Hill area. The original scope of work involved a new waterline connection on Hearne Road extended from the existing 8" line on Bynum Road. This also included adding necessary fire hydrants, service meters and reconnecting to the existing 2" main. During the design phase of this project, some additional options were considered due to the nature of the existing 2" line and location of current services in addition to the process to move them to the line on Hearne Road. After evaluating the options, it has been determined that we will be moving forward with a new 8" DIP waterline extended approximatelyl 600' from Bynum Road. This will include new hydrants and new meters and services in addition to reconnecting to the existing 2" line for the portion that crosses Hearne Road at the southern end of the road. This option could include removing a portion of the 2" water line and capping it at the last meter however this may not be pursued with this project so that interconnectivity can be maintained from Rock Spring Church Road to Bynum Road. This would be a project that should be considered in the future when the whole line could be removed or replaced. Ms. Goodson wanted to stress that there is no water line on Hearne Road, the meters are not in the typical locations where meters are set and some of the meters have more than one residence on it. She said there will be private work to be done that is not a part of this project bid. Ms. Goodson stated between 6-10 residents will be affected. Commissioner Farrell asked that the affected residents be notified. Ms. Goodson said they have planned to do that. NEW BUSINESS AGREEMENT WITH PITTSBORO FIRE DEPARTMENT Manager Gruesbeck gave highlights of the agreement as follows : • The current fiscal year's appropriation in the FY 2018-2019 Budget will remain unchanged. • In future years, the amount appropriated will be essentially based on the rate recommended by Chatham County Manager for the Circle City Fire District multiplied by the total valuation of property in the Town. For example, the current year' s fire district rate is $0.12225 per $100 of assessed value. • Paragraph 11, section B contemplates a contingency for the Town to assume the PFD's assets if the PFD were to default. Commissioner Bonitz stated he would like to know something about the fire department. Chief Daryl Griffin invited him to come to the station. Commissioner Bonitz wanted to know about September 10, 2018 Minutes Page 6  financial controls in place. Chief Griffin said they have a yearly audit (with the Town of Pittsboro receiving one), have a Board of Directors, Secretary and Treasurer that handle the finances. They have 22 full time employees currently. Commissioner Fiocco asked what the difference is using property valuation. Chief Griffin said they were pretty close (about $2,500 difference). After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Farrell to approve the agreement with Pittsboro Fire Department as presented. Vote Aye-5 Nay-0 AGREEMENT WITH PITTSBORO FIRE DEPARTMENT IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 217-224 ADDITIONAL UPDATES AND REPORTS Manager Gruesbeck gave an overview of the updates he submitted in the agenda packet. The updates can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={93B007BF-9D3A-40Fl-ABB0-46EAD80E08F4} (Updates 9.10.18) Manager Gruesbeck said everyone is Preparing for Hurricane Florence. Manager Gruesbeck stated Mayor Perry asked that the September 24, 2018 Board Meeting start at 6 p.m. to receive more discussion on the Assessment District. The Board agreed. r Manager Gruesbeck said staff has not received anything from Eagles yet. COMMISSIONER CONCERNS Commissioner Foley asked about the upcoming Chatham County Fair. Mr. Carl Bryant said the 2018 Chatham County Fair will be held on September 27-30, 2018. Commissioner Bonitz asked about the status of the NCDOT Bike Plan work. Mr. Jones said a budget amendment was approved at the last meeting. The state is finalizing things and hopefully it will begin within the next two weeks. The project will be managed by NCDOT. Commissioner Bonitz said he was excited to know that he was interested in some type meeting software and wanted to know the status. Manager Gruesbeck said he has not been working on it the last few weeks because it is not a budgeted item. Commissioner Bonitz thanked Manager Gruesbeck for his response about animal/dog on chain. Commissioner Fiocco asked about the SCADA system being included on the tower. Manager Gruesbeck said they are working on it. Commissioner Foley said she will be attending the Human Relations and Arts Council meeting this week. September 10, 2018 Minutes Page 7 Mayor Pro Tern Baldwin said the Triangle J Economic Summit will be held on September 27, 2018 from 9:30 am through 5:00 pm at the Dennis Wicker Civic Center in Sanford. Invited all the member to attend (there is a fee). Commissioner Farrell said the Fire Department will be out full staff during Hurricane Florence. FYI- 1. Letter from North Carolina League of Municipalities, et., al. re: municipal ability to fund public schools with property tax revenues. ADJOURNMENT Motion made by Commissioner Foley seconded by Commissioner Farrell to adjourn at 9:08 p.m. Vote Aye-5 Nay-0 ~ d.Q Cindy.Perry, Ma~ ATTEST: /&::.!ell~ Town Clerk September 10, 2018 Minutes Page 8