1. Board of Commissioners (BOC)

MINUTES .-- TOWN OF PITTSBORO BOARD OF COMMISSIONERS I REGULAR MEETING MONDAY, JANUARY 14, 2019 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 Bert Wilson Foley. Staff present: Manager Bryan Gruesbeck, Clerk Alice F. Lloyd, Attorney Paul S. Messick, Jr. , Police Chief Percy Crutchfield, Planning Director Jeff Jones, Engineer Elizabeth Goodson, Planner II Victoria Bailiff and Finance Director Heather Meacham. Motion made by Commissioner Foley seconded by Commissioner Baldwin to approve the regular agenda as submitted. Vote Aye-5 Nay-0 CONSENT AGENDA Commissioner Fiocco submitted the following corrections to the November 26, 20183 minutes and made a motion to approve the consent agenda with the following corrections to the November 26, 2018 minutes: Page 1, first paragraph under "CONSENT AGENDA", second sentence: add "minutes" between "2018" and "listed"; Page 4, second item oflisted corrections/amendments, add a "t" to "plated" to read "platted" and Page 4 under "COMMISSIONERS CONCERNS" strike the first "the" from my concern. The motion was seconded by Commissioner Farrell. The Consent Agenda contains the following items: 1. Approve Minutes of the November 26, 2018 meeting (with corrections listed above) 2. Accept Board of Commissioners 2019 Meeting Schedule. 3. Accept list of sold and disposed surplus property. 4. Approve Ordinance Amending the 2018-2019 Operating Budget for a new Leaf Collector Box. January 14, 2019 Minutes Page 1 5. Set Evidentiary Hearing for January 28, 2019 at 7:00 p.m. for Special Use Permit (SUP-2018-05) at 193 Lowes Drive. 6. Approve Ordinance Amending the 2018-2019 Operating Budget for Restricted Funds. 7. Authorize the Town Manager to execute Pittsboro Elementary School Bridge Contract and Ordinance Amending the 2018-2019 Operating Budget. (Commissioner Farrell asked question about what this was for and was told it was just for Engineering Design costs) 8. FY 2018-2019 Financial Reporting as ofNovember 30, 2018. Vote Aye-5 Nay-0 2019 BOARD OF COMMISSIONERS MEETING SCHEDULE/TOWN SPONSORED EVENTS DATES IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGEl LIST OF SOLD AND DISPOSED OF SURPLUS PROPERTY IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 2 AN ORDINANCE AMENDING THE 2018-2019 OPERATING BUDGET FOR A NEW LEAF COLLECTOR BOX IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 1 AN ORDINANCE AMENDING THE 2018-2019 OPERATING BUDGET FOR A FEDERAL ASSET FORFEITURE IS RECOREDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 2 AN ORDINANCE AMENDING CAPITAL PROJECT BUDGET FOR PESR CULVERT PROJECT IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 3 CONTRACT FOR ENGINEERING SERVICES IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 3-32 Mayor Perry said she would like to postpone the ceremonial presentation until the family of Archie Cross is present. REGULAR MEETING AGENDA CITIZENS' MATTERS Martha Almond - 49 Pittsboro Elementary School Road - Ms. Almond stated she lives diagonally to the BP on Sanford Road and they recently installed some LED lights and they are shining in her windows and she was wondering if the town could do something about it. Planning Director Jeff Jones said he sent the property owner a letter of violation late last week. Ms. Almond thanked him for that. She also spoke about the bridge that washed out. She said he January 14, 2019 Minutes Page 2  had washed out 18-20 years ago and she would like to encourage the Town to repair it better so it won't have to be replaced in another 20 years. Ms. Almond was advised that is the route the board has taken and the reason it is taking longer to get it repaired. CEREMONIAL RESOLUTION IN MEMORY OF ARCHIE LEVON CROSS Mayor Perry invited Jewell Cross to the front and read the following Resolution: RESOLUTION BY THE BOARD OF COMMISSIONERS FOR THE TOWN OF PITTSBORO, NORTH CAROLINA In Memory of ARCHIE LEVON CROSS WHEREAS, Archie Levon Cross was born on October 8, 1955, and died on December 19, 2018, and for 63 years, the Town of Pittsboro was honored to have Archie as an active ETJ community member; and WHEREAS, his interest in politics led him to encourage friends and neighbors to vote in every election, as well as helping the Chatham County Democratic Party by being an ever-present worker at the polls for candidates and causes he believed in, and when he became too ill to be at the polls, his family members came to work during the 2018 election, just as their father had done so [ often before; and WHEREAS, he joined Staunton Memorial CME Church at an early age and served faithfully until the end; and WHEREAS, Archie Cross was a member of the Northwood High School class of 1973, the first class to graduate from the new high school; and in 2018, Archie Cross was inducted into the Northwood High School Hall of Fame for his outstanding contributions to the football team; and WHEREAS, for 25 years Archie Cross was a Foreman with Honeywell Company in Moncure, which was formerly known as Allied/Signal Chemical; AND WHEREAS, the people of Chatham County and the Town of Pittsboro will remember him riding his wheelchair around town with love in his heart for everyone, his smile, his love for his church, family, friends and community; THEREFORE, BE IT RESOLVED that the Town Board of Commissioners, on behalf of the citizens of the Town, reflect upon the life well lived by Archie Levon Cross, and the gifts he gave to our community and the democratic process. January 14, 2019 Minutes Page 3  THIS RESOLUTION was approved at the regular meeting of the Board of Commissioners for the Town of Pittsboro, held on January 14, 2019, and shall be entered in the Town's public records and sent to the members of the Cross Family. Mayor Perry asked for a motion to approve the Resolution. Motion was made by Commissioner Baldwin seconded by Commissioner Foley to approve the Resolution in Memory of Arch Levon Cross. Vote Aye-5 Nay-0 A RESOLUTION BY THE BOARD OF COMMISSIONERS IN MEMORY OF ARCHIE LEVON CROSS IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE33 Liz Cullington - 390 Rocky Hill wanted to speak on the Tree Protection Plan. Ms. Cullington read a prepared statement that can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={3EE8DCE9-5A92-4C74-92DE-4C91924A9EEC} (Cullington Citizens Matters.111419) Ann-Marie Schwankl -lives in Siler City but owns property connecting to Chatham Park. She had a question about why the map they received last week shows a greenway crossing their property at some point. Mayor Perry referred the matter to the Planning Department. Owen Essen - 644 Millbrook Drive - Stated he was appointed about two and a half years ago to serve as the Town's representative on the Food Council. He gave the board an update on what they have been doing and stated they are going to be attending local board meetings in the future. COMMISSIONER/MANAGER UPDATES Mayor Updates - Mayor Perry attended the following: • Groundbreaking for the new CORA building. • Ribbon cutting for new business on Hillsboro Street called Gathered Home. • Spoke to Girl Scout Troop at Brier Chapel. • Community Leaders Luncheon in Apex at the Mormon Temple with Bett Wilson Foley. • Water Resources Meeting at Triangle J Council of Governments. • Spoke at NAACP Annual Jubilee at Hamlet Chapel Church. • EDC-Commissioner Fiocco said EDC recently approved new by-laws and they think they will be more effective with the new rules. • RPO • Fairground Association • PBA/Downtown - Commissioner Fiocco said the first meeting of the year was kind of light. • Triangle J Council of Governments • Main Street - Commissioner Fiocco said Main Street is working on making the handrails downtown artistic and you should see that in the next month or so. They will also be putting additional trash and recycling containers on Hillsboro Street. The Traffic Circle is January 14, 2019 Minutes Page 4  going through the DOT process and they are trying to bury the power lines south to John' s Pizza. • Climate Change - Commissioner Bonitz said there was extension workshop advertised for this evening from 6-8 with the presenter being Debbie Roos. Commissioner Bonitz stated he attended the NCDOT Summit and the big question was how we are going to pay for road construction in the future because gas tax revenue has been falling short for decades. He said he was approached from Secretary of the Transportation Board that he was glad the Chatham Park Blvd issue had been resolved - that is news to him. He would like to know more about that. • Human Relations Committee • Chatham County Affordable Housing - Commissioner Baldwin said the Chatham County Affordable Housing Committee met last Thursday and summarized what they done for the year. They meet the 1st Thursday of each month at the Agriculture Center and the meetings are open to the public for the input. • Chatham County Arts Council Manager Gruesbeck gave an overview of the updates he submitted with the agenda packet. They can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63- 4331-A87D-02EC88CB5567}&DE={3EE8DCE9-5A92-4C74-92DE-4C91924A9EEC} (Updates 1.14.19) Commissioner Fiocco asked (Bicycle and Pedestrian Plan) if a committee has been assembled. Jeff Jones said we have received approval for the consultant to do the work. The kick off should start the first week of February. Commissioner Fiocco stated (CC Water and Sewer Master Plan) next step is staff feedback- how is that going. Elizabeth Goodson said not a lot of work has been done because of the holiday. Commissioner Fiocco asked about (Public Water Supply) Ms. Goodson said they are working with and supplying data to the consultant. Commissioner Bonitz asked what happened with Chatham Park Blvd at the November 26, 2018 meeting. Planning Director Jeff stated the Board agreed to continue to endorse the project. They did not decide on allocation will be allocated. Commissioner Foley asked do you have to have permission to bore on Thompson Street. Manager Gruesbeck said it is in the right of way and we don't have any control. NEW BUSINESS FISCAL YEAR 2017-2018 AUDIT REPORT Jay Sharpe of Rives & Associates gave the Town a good financial bill of health. PowerPoint Presentation can be found at: January 14, 2019 Minutes Page 5 https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={3EE8DCE9-5A92-4C74-92DE-4C91924A9EEC} (Presentation (2)) Commissioner Bonitz thanked Mr. Sharpe for the providing the additional information he requested. Commissioner Fiocco asked if the tax rates could be included in the charts. Mr. Sharpe said it could. PITTSBORO AFFORDABLE HOUSING TASK FORCE REQUEST TO APPROVE BUDGET ORDINANCE AMENDMENT TO ESTABLISH NON-PROFIT 501 (C) (3) STATUS Jim Nass was present requesting the board to approve a budget ordinance amending to for the monies needed to establish non-profit 501 (c) (3) status for the Pittsboro Affordable Housing Board. Motion made Commissioner Bonitz seconded by Commissioner Foley to approve an Ordinance Amending the 2018-2019 Operating Budget. Vote Aye-5 Nay-0 AN ORDINANCE AMENDING THE 2018-2019 OPERATING BUDGET IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 4 DEMOLITION OF BUILDING AT 50 W SALISBURY - BID RECOMMENDATION Taylor Hobbs went over the bids from the low bidder D. H. Griffin Wrecking Co., Inc. as follows: • Base Bid Building Structure Only. Slabs left in place. $ 58,950,00 • Alternate G-lA Building Structure, Footings & Foundation (slabs/asbestos combined) $178,650.00* • Alternate G 1-B Building Structure, Footings & Foundation (s labs/asbestos separated) $133,710.00 • Alternate G-2 Asphalt Paving (optional/can be included after demolition work has started) $ 49,375 .00 Taylor Hobbs, Hobbs Architect, P.A., stated they would recommend (Bid Alternate G-lA) to D. H. Griffin Wrecking Co., Inc. in the amount of $178,650.00 which includes disposing of the concrete slabs with the asbestos tile attached. In the event that the asbestos tile can be abated separately, the contract amount will be decreased by $44,940.00. Demolition on the slabs will have to begin before it is possible to determine how the asbestos tile can be abated. Commissioner Fiocco said he would just like to approve a contract with the base bid. There was discussion about the slab being slippery and if the cost would go up if we just approved the base bid right now. After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Foley to approve a contract for the Base Bid amount of $58,950,00 with DH Griffin Wrecking Co., to inquire about the cost of making the slab slip resistant and to ask if the current bid prices will stand. January 14, 2019 Minutes Page 6 Commissioner Farrell asked that the Fire Department be given a two week notice since they have equipment in the building. Vote Aye-5 Nay-0 CHATHAM PARK NEIGHBORHOOD PARK Planning Director Jeff Jones reported that Chatham Park would like to start the discussion on the first Neighborhood Park located within Section 5.1 of Chatham Park. Section 5.1 is the area generally located off of Thompson Street running along Fire Tower Road over to Chatham Parkway. The proposed location of the Neighborhood Park is along Vine Parkway and adjacent to the approved Thales Academy location. This is generally the area that has been shown to staff and the Board in the past. Chatham Park is seeking to get an approval of just the location at this time, as future planning of Parks and subdivisions are dependent on citing this future park. Staff is of the opinion that this location will work and is supportive of moving forward with actual site plan and programming of the Park. The site plan will follow the normal review schedule with a recommendation by the Planning Board prior to the final plan coming to the Town Board for approval. Staff will make sure that through the site plan review of the Park that the Public Facilities element intent is met. The process will take 3 to 4 months before a final plan is brought back to the Town Board for approval. A representative from Withers Ravenel gave a PowerPoint Presentation which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={3EE8DCE9-5A92-4C74-92DE-4C91924A9EEC} (5.1 BOC PR Presentation O1-14-19) After the presentation Commissioner Fiocco commented that they just want approval of the location and that staff is in agreement with the location. Motion was made by Commissioner Fiocco seconded by Commissioner Baldwin to approve the location of the first Neighborhood Park with Section 5.1 of Chatham Park as presented. Commissioner Baldwin asked about Basketball, tennis courts and softball field. The representative said they discussed that and came up with a splash pad. Commissioner Farrell asked about when the park would be completed, would it be after the homes have been completed. Mr. Jones said he thinks it will be done sooner than the element requires. Vote Aye-5 Nay-0 OLD BUSINESS SITE PLAN REVIEW (SP-2018-03) EAGLES January 14, 2019 Minutes Page 7 Victoria Bailiff, Planner II, stated the plans have been reviewed in accordance with the Town's applicable development ordinances by the appropriate departments. The proposal is to use the site as a restaurant, convenience store with gas pumps, and a carwash. The main structure, totaling 4,769 square feet, will be able to accommodate the convenience store and the restaurant. The pumps will be located behind the main structure, and the proposed 960 square foot carwash will be located along the eastern side of the property. The Applicant has submitted a sewer allocation request in the amount of 7,151.07 gpd. Staff recommends approval of the proposed request, subject to issuance of any additional local and state permits. PLANNING BOARD RECOMMENDATION: The Planning Board reviewed this site plan at their meeting on January 7, 2019. The Board inquired into the differences between this site plan and the previous Eagles plan (SP-2017-09) reviewed by the Town Board in April 2018. Staff noted that aside from the adjustments to parking and the addition of a new hydrant and water storage tank, any other differences were minor and had been at the request of staff. The Board found the plans to be satisfactory and recommended approval in a vote of 6-0. Motion made by Commissioner Farrell seconded by Commissioner Baldwin to approve SP- 2018-03 Eagles. Commissioner Bonitz said there have been several revised plats and the one they have still has incorrect information on it. Ms. Bailiff asked what information. Commissioner Bonitz said owner/parcel number. Ms. Bailiff said the Site Plan they received with their agenda packet had all the correct information on it. Commissioner Fiocco asked that they review the East Street driveway and try to flatten it to no greater than 5% and he would recommend using the lower value for calculation of sewer (that we normally do - NCAC l 5A.2T) Commissioner Bonitz was concerned about reuse water. Planning Director Jeff Jones said we don't currently have a requirement for that. The applicant asked that they have the right to rough in for recycle system for carwash if necessary. The Board agreed and that it could be handled by the Planning Officer. Commissioner Farrell amended his motion and Commissioner Baldwin amended her second to include using the lower sewer calculation rate and that the developers would have the right to rough in for a recycle system for the carwash. Vote Aye-5 Nay-0 CHATHAM PARK MASTER PLAN TEXT AMENDMENT-ADDITIONAL ELEMENTS: TREE PROTECTION Jeff Jones stated this has not been discussed since November 2017. It is before the Board tonight with a summary of changes Chatham Park made as a result of the workshop. See changes at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-433 l-A87D- 02EC88CB5567}&DE={3EE8DCE9-5A92-4C74-92DE-4C91924A9EEC} (CP TreeProtectionElement BOC Mtg 1.14.19 DOCUMENTS) January 14, 2019 Minutes Page 8  Robbie Oldham and David Brown from Withers Ravenel said they are present to listen and get the board thoughts and concerns. i Commissioner Foley said she feels it is a low percentage for tree coverage. She received an email today that Durham and Charlotte are trying to increase three tree canopy size. Commissioner Fiocco gave a list of some of his concerns/corrections: Page 1 - Section 2 - 1 - remove TCPA Page 1 - Section 2 -2 - read "one (1) acre) (he don't understand the "including individual development sites that are part of a TCPA) TCA calculations throughout document Page 8 - Section 7 - 1st paragraph- add "professional engineers" Page 8 - Section 7 - 2nd paragraph - clarify more Page 9 - Section 8 - C - delete "construction drawings" add "site plan" and add 75% ofroot zone has to be out of construction area Commissioner Foley would like for some of things from the Recommendations she submitted to the board today be incorporated into the Tree Ordinance. She would like for everyone to receive a printout of the email she sent earlier today. ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS [ Commissioner Fiocco said we need to start designing town hall. Attorney Messick said you never approved a design choice. Commissioner Fiocco said to bring it back so the board can make a choice. He said one of the trees is out again. Commissioner Bonitz asked that the modified Public Facilities Element be posted online. Commissioner Bonitz asked about setting dates for UDO meetings and Retreat date (there was discussion and Manager Gruesbeck will bring some dates back). Mayor Perry said she would like some type of ordinance so we can enforce dilapidated properties being cleaned up. Commissioner Foley said she would also like to see some type plan for folks that don't have funds to clean the property up. Commissioner Bonitz said he would like to see where we stand with sewer allocation. Elizabeth Goodson said that is something she would like to discuss at the retreat. Commissioner Bonitz said he would like to see something before we receive another request for sewer allocation. FYI- 1. Planning Board 2019 Meeting Schedule. January 14, 2019 Minutes Page 9  ADJOURNMENT Motion made by Commissioner Farrell seconded by Commissioner Fiocco to adjourn at 9:55 p.m. Vote Aye-5 Nay-0 ~ A-~U ciruiyTerry, Mayor ATTEST: January 14, 2019 Minutes Page 10