1. Board of Commissioners (BOC)

MINUTES i TOWN OF PITTSBORO BOARD OF COMMISSIONERS I REGULAR MEETING MONDAY, JANUARY 28, 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 Jay 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, Engineer Elizabeth Goodson and Planner II Victoria Bailiff. Commissioner Fiocco asked that the Town Hall Demolition Contract be added as Old Business #2. Motion made by Commissioner Baldwin seconded by Commissioner Foley to approve the regular meeting agenda with the above addition. Vote Aye-5 Nay-000 CONSENT AGENDA Commissioner Fiocco recused himself from the consent agenda. Commissioner Fiocco had submitted a correction to the January 14, 2019 Minutes - page 8, 5th paragraph, second line: change "less" to "greater". Commissioner Foley said she would like to pull item #4 and move it to New Business #1 and that corrections be made to minutes per Commissioner Fiocco's correction. Motion was made by Commissioner Farrell seconded by Commissioner Foley to approve the consent agenda with the changes listed above. The Consent Agenda contains the following items: 1. Approve Minutes of the January 14, 2019 meeting. (with change listed above) 2. Approve Kiosk License Agreement with Chatham County. 3. Appoint Pittsboro ABC Board Membership for a three year term. 4. Approve Master Encroachment Agreement and Supplemental Agreement for Russett Run Roundabout and Russett Run Road/Freedom Parkway Tree Wells Maintenance. (Moved to New Business #1) January 28, 2019 Minutes Page 1 5. Approve On-Call Professional Engineering Review Firms and Budget Amendment for Outsource Review Fees and authorize the Town Manager to enter into on-call service agreements with: Frees & Nichols, Inc; Hydrostructures; Johnson, Mirmiran & Thompson, Inc.; McGill Associates, P.A.; The Wooten Company. 6. Receive the report of FY 2018-2019 Financial Reporting as of December 31, 2018. 7. Receive for review the revised Chatham Park Master Plan Text Amendment- Tree Protection Element. Commissioner Bonitz requested that Chatham Park in the future hold revisions until the entire board submits comments. Vote Aye-4 Nay-0 LICENSE AGREEMENT WITH CHATHAM COUNTY IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 35-41 EVIDENTIARY HEARING SPECIAL USE PERMIT (SUP-2018-05) AT 193 LOWES DRIVE Planner II Victoria Bailiff reported that Matthew McClory is requesting a special use permit to operate a Liquefied Petroleum Gas Refueling Station at 193 Lowes Drive, 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 tam for refueling which will be located towards the rear of the property. Mayor Perry stated no one signed up to submit evidence. Matthew McClory stated he was present to answer any questions the board may have. Commissioner Fiocco asked if there is a paved pathway to the filling station. Mr. McClory said it is not shown on his map because they would be getting out of their vehicles and walking to the refilling station (mostly 201b tanks). Commissioner Fiocco asked that he look installing a paved pathway. Commissioner Farrell asked ifhe was moving his business from the other location. Mr. McClory said they didn't end up coming to an agreement at the last location. REGULAR MEETING AGENDA Mayor Perry stated she asked Ted Mosler and Kevin Miller to come tonight to introduce themselves and their business. (Old Kayser Roth/Bio-Lex Building). January 28, 2019 Minutes Page 2  Mr. Mosler introduced himself and Mr. Miller and stated they will be operating a medical device company-EG GILERO-they have been based in RTP for fifteen years. They have expanded 1 to begin manufacturing and they decided to locate to Pittsboro. Mr. Mosler said they plan to hire around 60 people here within two years. The Board welcomed them to Town. CITIZENS' MATTERS Ron Hatley - 24 Roy Hatley Road read a prepared statement in submitted into the record it can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331- A87D-02EC88CB5567}&DE={3E09D47B-2FF2-4309-8DCD-255BD7F09853} (Ron Hatley comments O12819) Ed Fowler- 86 Windsong Drive (Potterstone)- stated he spoke to the board about six months ago about the proposed Chatham Concrete Batch Plant. He said he understands they submitted plans about 10 days ago. He wanted to let the board know that there would be high opposition to this Concrete Plant. He asked if rezoning of surrounding property is possible and whether it would have to be initiated by Potterstone Homeowners Association or could the Town do it. Calvin Megginson- PO Box 923, Pittsboro - advocated for the removal of the exceptions to the current stormwater management ordinance that excludes Chatham Park from being accountable to the rule applied to everyone else. He also asked for the implementation of a tree council to make determinations about appropriate tree coverage. He emphasized that he does not support Chatham Parks proposed tree policy. I Jan Burger - 726 Bynum - read an email that he sent the Board last week regarding the tree amendment. Kim Calhoun - 7 Blue Heron Farm Road - said she likes to help reconnect people with the trees and help them identify them particularly what is edible and what can be used for medicinal purposes. On the land now owned by Chatham Park there are big old trees that mean the world to her and that have given her a lot of comfort. She said we need the forest for our air and water quality. Ms. Calhoun said 10% total tree coverage is totally unacceptable. She invited people to come on a walk with her on the land so they would appreciate it more. COMMISSIONER/MANAGER UPDATES Mayor Updates - Mayor Perry said she was interviewed by WCHL for Chatham Roundup (fill in on what's happening) which they will be doing from time to time. • Attended the Annual MLK Breakfast in Siler City along with Commissioner Baldwin. • Was advised by Duke Energy that would be having a meeting on Coal Ash on January 31, 2019 from 6:00-7:30 pm at the New Ag Center. • EDC - Commissioner Fiocco said the EDC Retreat will be on Thursday from 8 am to 1 pm. • RPO January 28, 2019 Minutes Page 3  • Fairground Association • PBA/Downtown • Triangle J Council of Governments • Main Street - Commissioner Fiocco reported the art for the handrails is coming along well (Art is being done by Beth Goldston, Ed White and Justin Green) • Climate Change • Human Relations Committee • Chatham County Arts Council - Commissioner Foley said they will be having a Gala on February 9, 2019 from 1-4 - Dorrie Casey will donate 100% of the proceeds to benefit programs of the arts council. It will be located at 118 West Street. Manager Gruesbeck gave an overview of his updates submitted with the packets which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331- A87D-02EC88CB5567}&DE={3E09D47B-2FF2-4309-8DCD-255BD7F09853} (Updates 1.28.19) There was discussion about scheduling a retreat date. Manager Gruesbeck will send dates to the Board for consideration. OLD BUSINESS PRELIMINARY SUBDIVISION PLAT REVIEW (SUB-2018-02): CHATHAM PARK SECTION 5.1 SUBDIVISION WEST Planner II Victoria Bailiff reported that this proposal is being presented to the Board as a Preliminary Subdivision Plat for review. The plans have been reviewed in accordance with the Town's applicable development ordinances by the appropriate departments. The proposal is to subdivide 40.28 acres into 180 lots with an average lot size of 4,644 square feet. This subdivision will include detached single-family residences as well as 64 townhomes located in the northwest corner. PUBLIC HEARING: A public hearing for the Perimeter Boundary Transition was held on October 22nd, 2018, no citizens chose to speak at this hearing. PLANNING BOARD RECOMMENDATION: This subdivision plat was reviewed by the Planning Board at their meeting on December 3rd, 2018. The Board requested an overall summation of how this plan fits in with Section 5.1 as a whole. Robbie Oldham presented this summary and answered more specific questions regarding utilities, stormwater, parking, and tree protection. In a vote of 6-0, the Board recommended approval of the plat. Commissioner Fiocco said there is a Greenway proposed for the backside of the SCM dam where there is a 3 to 1 slope and it would be great to get it flattened out for better accessibility. Commissioner Bonitz asked about greenways. Commissioner Baldwin asked about parking on the street. January 28, 2019 Minutes Page 4  After discussion a motion as made by Commissioner Fiocco seconded by Commissioner Baldwin to approve the Preliminary Subdivision (SUB-2018-02) Chatham Park Section 5.1 Subdivision West. Vote Aye-5 Nay-0 PRELIMINARY SUBDIVISION PLAT (SUB-2018-02) CHATHAM PARK SECTION 5.1 SUBDIVISION WEST IS ON FILE IN THE PLANNING DEPARTMENT TOWN HALL DEMOLITION CONTRACT Commissioner Fiocco said at the last meeting the board approved the base bid with interest of understanding at what point we could request after determining whether the slab was going to separate easily from the asbestos or not could we increase the scope. Taylor spoke with the contractor and discovered that they need to lock down their asbestos fees so they would not take the risk of signing a contract for $58,000 and then have to do slab removal and their cost increase. Commissioner Fiocco said we would have 2 ½ weeks from start of demolition to decide if we want to reduce the scope. Commissioner Foley stated she spoke with Taylor as well and he said we should lock in the pnce. Commissioner Fiocco said they are going to be in Town Thursday to give a price for roughing up the slab. Manager Gruesbeck said the amount of the total contract is within the amount budgeted for the demolition. After much discussion a motion was made by Commissioner Fiocco seconded by Commissioner Foley to increase the approval of the demolition contract to Alternate G 1A and authorize the Town Manager to sign that contract and that we work with the contract and Hobbs to make a timely decision on whether to follow through with that scope or to reduce the scope or to leave the slab in place and whether to rough it up or not. Commissioner Bonitz said he would support with no increase for roughing up the slab. Vote Aye-5 Nay-0 NEW BUSINESS MASTER ENCROACHMENT AGREEMENT AND SUPPLEMENTAL AGREEMENT FOR RUSSETT RUN ROUNDABOUT AND RUSSETT RUN ROAD/FREEDOM PARKWAY TREE WELLS MAINTENANCE. Commissioner Fiocco said he wanted to consult with Mr. Messick about the idea that this Master Encroachment Agreement will allow for private maintenance of certain facilities within public January 28, 2019 Minutes Page 5 rights-of-ways. The question is should that entity which in the contract is referred to as the responsible party - should they fail to do proper maintenance and for health and safety issues the town feels it important to spend its funds on maintenance and safety, should there be a mechanism that allows the town to recoup those cost that would otherwise be bore by the responsible party. Attorney Messick said he don't see any problem adding the language that reimbursement by the responsible party be made to the Town in the event the town spent town funds . Motion by Commissioner Fiocco seconded by Commissioner Bonitz to approve the Master Encroachment Agreement and Supplemental Agreement for Russett Run Roundabout and Russett Run Road/Freedom Parkway Tree Wells Maintenance adding that reimbursement will be made by the responsible party to the Town in the event that Town funds are spent on maintenance and for health and safety issues. Vote Aye-5 Nay-0 ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Farrell said he would like to move forward with scheduling a UDO Worksession. The Board agreed. He also, said he would like a small set a plans for reviewing. Commissioner Fiocco said he will continue to request the large plan which are to scale. Commissioner Baldwin said she has had residents on East Cornwallis say the street needs repaying and they would like some caution children playing signs in the neighborhood. Commissioner Bonitz asked Manager Gruesbeck has the "Government Shutdown" impacted our operations. Manager Gruesbeck said it has not yet impacted the local levels. Commissioner Farrell said he has received several emails regarding the portion of East Cornwallis that is not paved. He asked Manager Gruesbeck to reach back out to NCDOT. Manager Gruesbeck said NCDOT is willing to tum the street over to the town. Attorney Messick said the property is not in town. Mayor Perry asked that a presentation be made at the next meeting with all the options addressing this matter. Mayor Perry said Chatham Street near the concrete plant needs to be on the paving list. Manager Gruesbeck said there are some drainage issues there as well. FYI- 1. OSFM NC Department of Insurance Inspection Letter 2. Tree Protection Ordinance Recommendations January 28, 2019 Minutes Page 6  ADJOURNMENT Motion made by Commissioner Farrell seconded by Commissioner Foley to adjourn at 8:45 p.m. Vote Aye-5 Nay-0 ATTEST: ~ J .Q CindyPerry, Ma~ [ I January 28, 2019 Minutes Page 7