1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, OCTOBER 8, 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., Interim Police Chief Troy Roberson, Planning Director Jeff Jones, Engineer Elizabeth Goodson, Planner II Victoria Bailiff and Parks Planner Paul Horne. Mayor Perry acknowledge a photo that Planning Board Member Eric Braun had entered in the Chatham County Fair and won a blue ribbon. Mr. Braun gave it to her to hang in the Mayor's office. Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to approve the regular and consent agenda with modifications mentioned below. Vote Aye-5 Nay-0 CONSENT AGENDA Commissioner Fiocco said he would like to remove #4 from the consent agenda because he needs additional time to read and understand the Plan. He also asked that consent agenda #5 that request addressing perimeter buffers include the property owners and land use noted on the plan in the future . He asked that it be posted to the website as soon as possible (before the public hearing is held). The Consent Agenda contains the following items: 1. Approve Minutes of the September 10, 2018 regular meeting. 2. Accept FY 2018-2019 Financial Reporting as of August 31, 2018 3. Accept FY 2018-2019 Financial Reporting as of September 30, 2018. 4. Approve Resolution Supporting the Lower Haw Trails Plan. (Commissioner Fiocco asked that this item be tabled) October 8, 2018 Minutes Page 1 5. Set Public Hearing for Chatham Park 5.1 West Subdivision Perimeter Buffer (SUB-2017-04). (Note property owners and land use on plan. Post to website as soon as possible. 6. Approve Contract with CDM Smith, Inc. for Water Supply and Treatment Study and authorize the Town Manager to execute the Agreement.. 7. Approve Ordinance to Amend the FY 2018-2019 Operating Budget for the Water Treatment Supply and Treatment Expansion Study. 8. Approve Resolution to Temporarily Close Masonic Street in support of the annual Columbus Lodge Car Show & Rib Fest. Vote Aye-5 Nay-0 CONTRACT WITH CDM SMITH, INC FOR WATER SUPPLY AND TREATMENT STUDY IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 308-318 AN ORDINANCE AMENDING FY 2018-2019 OPERTING BUDGET FOR THE WATER TREATMENT SUPPLY AND TREATMENT EXPANSION STUDY IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 114 A RESOLUTION TO TEMPORARILY CLOSE MASONIC STREET IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 319 REGULAR MEETING AGENDA CITIZENS' MATTERS Heather Johnson - 225 Springdale Drive (Downtown) - stated on Friday afternoons, groups of children come downtown after school with no supervision. On Friday, she was told, see did not see, that there was a fight on Friday. She said this has been a long term problem. She is concerned the school is going to take action and her children will not be able to walk like they have for the last 6 ½ years. She said businesses have been vandalized. She don't know what we can do to help these children. Maybe partnership with Communities in the School, etc. Ms. Johnson said in her Facebook post she mentioned troubled youth and she did not intend to offend anyone. Samuel Lassiter - 180 Hwy 87 North (Downtown) - said he was her to speak on the same matter. He said she pastors a church in Harnett County, but he live in Pittsboro and his heart is in Pittsboro. For as long as he can remember it has always been the thing to do on Friday after school. He suggested Middle School Football (coaching/mentoring); a Boys and Girls Club. He said we have a YMCA but both he and his wife work and they can't afford to send their children to the YMCA. October 8, 2018 Minutes Page 2  Mr. Lassiter said Pittsboro has always been a safe place. Look into giving the children something to do in the afternoon. Nothing to do equals to hanging out downtown. Ron Hatley-24 Roy Hatley Road- read a prepared statement into the record on water quality. It can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9- D93B-4E92-8B2B-1BAC76976EB0}&DE={B1CAF4F5-FA31-4FB6-87FB-715EE5B12FFE} (Ron Hadley 10.08.18) Mayor Perry stated she spoke with Kim Caraganis (Communities in the school) and she is willing to serve on a committee addressing this matter. Commissioner Baldwin asked that the Community Police Officer be a part of that committee. Mayor Perry passed a card around for Planning Board Members Brian Taylor (injury) and Steve Cockman (death of mother) for the board to sign. COMMISSIONER/MANAGER UPDATES Mayor Updates - Mayor Perry said she doesn't have an update. Commissioner Farrell said he met with John and Maria and the handrails should be on the street by the Street Lighting Ceremony, art work will come later. • EDC - Commissioner Fiocco said EDC is meeting tomorrow morning. The dual trash/recycling cans have been received. • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments - Commissioner Baldwin said she attended the Summit in Sanford, it was great. She will be sharing information with the Board at a later time. • Main Street • Climate Change • Human Relations Committee - Commissioner Foley said the Human Relations and Arts Council are meeting tomorrow at the same time. She toured the water treatment plan also. • Chatham County Arts Council Commissioner Foley said Main Street Group is looking for volunteers and they will be meeting on October 23, 2018 at 6 p.m. Manager Gruesbeck gave a briefing of the updates he submitted with the agenda packet. They can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B- 4E92-8B2B-1BAC7697 6EB0} &DE= {E5F8A6BF-A 1F9-4786-9061-869867B663 3E} (Updates 10.08.18) NEW BUSINESS PITTSBORO AFFORDABLE HOUSING SUBCOMMITTEE October 8, 2018 Minutes Page 3 Jim Nass gave a PowerPoint Update from the Pittsboro Affordable Housing Subcommittee. The PowerPoint Presentation can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={4DD4D0A9-D93B-4E92-8B2B- lBAC76976EB0}&DE={BlCAF4F5-FA31-4FB6-87FB-715EE5B12FFE} (final edited boc presentation for October 8) Mr. Nass asked that if the Board had any questions or comments that they get them to him and he will make sure they are brought to the attention of the committee. Mayor Perry thanked Commissioner Baldwin and Commissioner Fiocco for their work on the committee. Mr. Nass said wanted to thank Chatham County for allowing Stephanie Watkins- Cruz. SEWER ALLOCATION REQUEST Elizabeth Goodman gave an overview of the memo submitted in the agenda packet (listed below): Background The town has received several requests for sewer allocation consideration. These 3 projects include Chatham Park Section 5.1 North Subdivision Plan, and 2 individual lots (882, Thompson Street and Lot 5 on East Cornwallis St) are before you at this time for consideration. The total requested for these projects is 98,960 gallons per day (GPD). Date Allocation Name of Project Sewer Flow Status of Project Request Received Requested faod) 5/24/18 Chatham Park - 97,800 Board Approved (revised 9/7/18) Section 5.1 North Plans - 7/23/18 7/31/18 882 Thompson Street 360 Building Permit Only 9/13/18 East Cornwallis St- 480 Building Permit Lot 5 Only The current allocation available is approximately 110,939 GPD. Since we are nearing the limit of the allocation the town has available, it is important to note that the following additional projects have submitted allocation requests with their projects but do not have board approval of their projects yet so they have not been forwarded for consideration at this time. These additional request total 7511 GPD as shown below: Date Allocation Name of Project Sewer Flow Status of Project Request Received Requested (imd) 4/30/18 Eagles 7,151 gpd Pending Board Approval 8/24/18 893 East Street 360 Project Under Review October 8, 2018 Minutes Page 4 In addition the following projects have been submitted for review or are approved but have not received allocation at this time. Pro.iect Name Project Status Cedar Lane Project Under Review Thompson Street Townhomes Project Under Review Roberts Run Project Under Review Dancy Pocket Neighborhood Project Under Review CP: Mosaic A Approved - 8/13/18 CP - Water Reclamation Approved - 11/13/17 Lot 9 US 64 East Approved- 8/22/16 Additional information for consideration: - After reconciling Chatham Park's previous allocation request with subsequent sewer permits that were approved, it has been determined that Chatham Park had approximately 9,943 GPD in allocation that was not used when the sewer permits were obtained. This could be considered as justification to grant a portion of the current request however it does not reduce the amount requested or change the amount of available allocation. - Town Hall has not been submitted but would need additional sewer capacity. Staff recommends reserving approximately 2000 GPD for this need in the future. Suggested Options: 1) Grant request for the 98,960 gallons per day (GPD) as submitted 2) Consider a reduced request for Chatham Park 3) Change the town procedure to act on sewer allocation request at the time of plat. 4) Delay action until outstanding questions on the Town's NPDES Permit Renewal & the Chatham Park permit for the Water Reclamation site are addressed. Staff Recommendation: Review and consider options listed above for the sewer allocation request of 98,960 gallons per day for Chatham Park Section 5.1 North, 882 Thompson Street, and East Cornwallis St Lot 5. Planning Director Jeff Jones said he is meeting with lots of developers. After much discussion a motion was made by Commissioner Fiocco seconded Commissioner Baldwin to approve the allocation request form Chatham Park - Section 5.1 North in the amount of 79,800 gpd (153 Bedroom Units). Commissioner Farrell said he didn't have a problem with it, but asked the developer if it was okay with them. They nodded yes it was okay. Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the request for 882 Thompson Street (360 gpd) and East Cornwallis Street - Lot 5 (480 gpd). Vote Aye-5 Nay-0 October 8, 2018 Minutes Page 5  OLD BUSINESS REZONING REQUEST (REZ-2018-02) FOR 893 EAST STREET FROM R-10 (HIGH DENSITY RESIDENTIAL) TO C-2 (HIGHWAY COMMERCIAL) Victoria Bailiff, Planner II reported that K Diamond USA LLC is proposing to rezone approximately 0.172 acres, the northern portion of parcel 91278 located at 893 East Street, from R-10 (High Density Residential) to C-2 (Highway Commercial). The southern portion of the property is already zoned C-2 and the applicant wishes is to amend the zoning map so that the entire parcel would be zoned C-2. The Planning Board recommended to approve (5-0) this proposed rezoning at its meeting on October 1, 2018. Staff also recommends approval of the proposed rezoning. The public hearing was held on September 24, 2018. After discussion the board agreed they need to start back looking at the current land use plan and making some revisions.30 After discussion a motion made by Commissioner Fiocco seconded by Commissioner Bonitz adopting a Consistency Statement for an Amendment to the Zoning Ordinance of the Town of Pittsboro. (REZ-2018-02) Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve An Ordinance Amending the Zoning Ordinance of the Town of Pittsboro (REZ-2018-02 K Diamond USA LLC). Vote Aye-5 Nay-0 A RESOLUTION ADOPTING A CONSISTENCY STATEMENT FOR AN AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO (893 EAST STREET, K DIAMOND USA LLC PROPERTY) (REZ-2018-02) IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 320 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO (893 EAST STREET, K DIAMOND USA LLC PROPERTY) (REZ-2018-02) IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE PAGES 115-16 SITE PLAN REVIEW (SP-2018-04) NORTHWOOD HIGH SCHOOL PARKING AREA Victoria Bailiff, Planner II stated that the plans have been reviewed in accordance with the Town's applicable development ordinances by the appropriate departments. The proposal is to construct a new parking area that will connect to both the existing school driveway and the Access Road which was approved in June 2018 (Phase 1). This site plan includes phases 2 and 3. Phase 2 will extend the Phase 1 Access Road to the existing asphalt parking lot and in Phase 3 of this site plan, all parking areas will be paved and reconfigured. Staff recommends approval of the proposed request, subject to issuance of any additional local and state permits. October 8, 2018 Minutes Page 6  The Planning Board reviewed this site plan at their meeting on October 1, 2018. The Board posed questions regarding phasing of the project and possible changes in traffic patterns. Ultimately, the plans were found to be satisfactory and the Board recommended approval in a vote of 5-0. Motion made by Commissioner Baldwin seconded by Commissioner Farrell to approve the Site Plan Review for Northwood High School Parking Area (SP-2018-04) Vote Aye-5 Nay-0 HOTEL INCENTIVES REQUEST FROM ECO PARTNERS, LLC Manager Gruesbeck gave some background on this request. During the February 13, 2017 meeting, the Board received a presentation and request from ECO CP Partners (ECO) - the firm selected by Chatham Park to develop the northwest comer of US 15-501 and Russet Run. ECO anticipates a hotel as a key feature of the 44-acre development referred to as "Mosaic." ECO requested and received financial incentives from Chatham County to attract a quality hotel brand and facilitate a much-needed service to Town residents and businesses. Kyle Touchstone, then-director of the Chatham Economic Develop Corporation (EDC) provided information outlining estimated economic impacts and the approved Chatham County incentives level. On May 22, 2017, the Board held a Public Hearing as required by GS 158-7. Kirk Bradley, ECO Partners, LLC was present to go over and answer any questions. I Commissioner Fiocco referenced an email he sent out on December 5, 2017 (and re-sent today) and stated he didn't think he had sent it to Mr. Bradley. He asked the Town Clerk to make a copy for Mr. Bradley. PowerPoint Presentation can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={B 1CAF4F5-FA31-4FB6-87FB-715EE5B 12FFE} (Hotel Incentives 10.08.18) After much discussion the board agreed to move forward with example 4 and to add it to the next agenda and that Commissioner Fiocco and Mr. Bradley work on Commissioner Fiocco's recommendations. Commissioner Bonitz is very excited about the hotel and that maybe they can get a third party to certified energy and environmental performance. Motion made by Commissioner Farrell seconded by Commissioner Bonitz to take a ten minute break. Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Bonitz to go back into the regular meeting. Vote Aye-5 Nay-0 October 8, 2018 Minutes Page 7 CHATHAM PARK MASTER PLAN TEXT AMENDMENT - ADDITIONAL ELEMENT -STORMWATER Elizabeth Goodson, Engineer stated the Chatham Park Element has been under additional review with both Staff and Hydrostructures over the last several month after direction from the board in February. Chatham Park has responded to the comments and incorporated the concerns into the proposed test. Hunter Freeman gave an updated on the changes. Information can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 4DD4D0A9-D93B-4E92-8B2B- 1BAC76976EB0}&DE={B 1CAF4F5-F A3 l-4FB6-87FB-715EE5B 12FFE} (CP Stormwater Element BOC 100818) At the request of the Town Board, Ms. Becky Smith, Hydrostructures was present to answer any questions that board may have. Commissioner Fiocco said the one correction he has is to strike "at the request of the Town Stormwater Administrator" in the paragraph above "Peak Flow Attenuation". Ms. Goodson said some on the forms will need to be updated when they are used. Becky Smith said it might take six months to get everything that you need to be on the forms. Commissioner Farrell asked Ms. Smith if she was comfortable with the Element. Ms. Smith said she was. They have some small things they are working out in the design manual but they are manageable. Commissioner Bonitz doesn't think the board should take action on this until after the Town has met with DWQ this week. Commissioner Foley said she feels we need a little more time, we are getting close but not ready for a vote. Ms. Smith stated that Elizabeth has done a great job getting things done. Ms. Smith was asked if there is anything to cause her concern. Ms. Smith said no, the EIS is her main concern right now. After much discussion a motion was made by Commissioner Fiocco seconded by Commissioner Farrell to approve Chatham Park Stormwater Additional Element with the change read by Mr. Eagle. Attorney Ken Eagle wanted to make sure he had the change worded correctly. Which was (last sentence of paragraph before Peak Flow Attenuation) shall read: When a subdivision plan or site plan is submitted to the Town for approval, the Stormwater Program Manager will provide, updated nitrogen and phosphorous loading rate calculations for the Chatham Park boundary and, October 8, 2018 Minutes Page 8  for informational purposes only, for the applicable sub-watershed in which the proposed development is located. Commissioner Fiocco stated this was correct. Commissioner Bonitz said his concern remains that the town is in a position of vulnerability. He can't see DWQ wanting to see an approved document. He believe they would want a draft not an approved policy. Commissioner Foley said see don't see any harm in waiting until after the meeting with the State this week. Commissioner Bonitz said he greatly admire the teamwork that has been done. Commissioner Foley stated it seems we are rushing this. Vote Aye-3 Baldwin/Farrell/Fiocco Nay-2 Bonitz/Foley RESOLUTION APPROVING CERTAIN ADDITIONAL ELEMENTS TO THE CHATHAM PARK PLANNED DEVLOPMENT DISTRICT MASTER PLAN (STORMWATER-CPMA-2016-13) IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE PAGES 321-428 ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS I Commissioner Farrell said that Jeff talked with a citizen on Brown Street today. He said he has also been asked if the Town can pick up leaves and limbs earlier. Commissioner Bonitz said someone approached him about the 2018 budget that was passed not being searchable. He asked if that was something we can fix. Manager Gruesbeck said he thought so. Mayor Perry stated two residents spoke with her about the $45.00 late fee on water bills. CLOSED SESSION Motion made by Commissioner Fiocco seconded by Commissioner Farrell 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 Fiocco seconded by Commissioner Baldwin to go out of closed sess10n. Vote Aye-5 Nay-0 October 8, 2018 Minutes Page 9  ADJOURNMENT Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to adjourn at 11 :15 p.m. Vote Aye-5 Nay-0 ATTEST: ~ ~c~17L_ Town Clerk October 8, 2018 Minutes Page 10