1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, FEBRUARY 11, 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 Benitz, Jay Farrell, Michael Fiocco and Bert Wilson Foley. Staff Present: Manager Bryan Gruesbeck, Clerk Alice F. Lloyd, Attorney Paul S. Messick, Jr., Chief of Police Percy Crutchfield, Water Treatment Superintendent Adam Pickett, Planning Director Jeff Jones, Planner II Victoria Bailiff and Engineer Elizabeth Goodson. I Mayor Perry asked for approved of the regular agenda. Commissioner Foley said she wanted to add Emily Sutton to New Business #3 (presentation). Motion made by Commissioner Foley seconded by Commissioner Farrell to approve the regular agenda with the addition mention above. Vote Aye-5 Nay-0 CONSENT AGENDA Commissioner Fiocco submitted corrections to the minutes of the January 14, 2019 on page 3 - EDC Retreat is from 8 am to 1 pm and page 4 third paragraph from the bottom shall read "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". Calvin Megginson wanted his public comments to reflect he"- 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." Motion was made by Commissioner Baldwin seconded by Commissioner Foley approve the consent agenda with the above corrections to the January 14, 2019 minutes. The Consent Agenda contains the following items: 1. Approve Minutes of the January 28, 2019 meeting. (With corrections) Vote Aye-5 Nay-0 REGULAR MEETING AGENDA February 11, 2019 Minutes Page 1  CITIZENS' MATTERS Charlie Perkins - 262 May Farms Road - spoke about the proposed concrete plant within 300 ft. of his back deck. He wanted to know what the next steps are. He also know there are about 180 more acres that are zoned industrial and is concerned. Mayor Perry asked Planning Director Jeff Jones about the next steps. Mr. Jones said the plan has been submitted to the Planning Department and will be under review for about two months before it comes before the Town Board. Mr. Perkins wanted to know how he would find out what is happening with the proposal. Mr. Jones said contact the Planning Department. Elaine Chiosso - 1076 Rock Rest Road - Haw River Assembly Executive Director read a prepared letter from the Haw River Assembly on the CP Element Tree Protection Ordinance it can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63- 4331-A87D-02EC88CB5567}&DE={3BDD3F72-5F84-4A3A-9073-80A624434495} (Haw River Assembly Comments 021119). Kurt Bradley - 603 Carthage Street, Sanford - Developer of Mosaic - he has been hearing and reading a lot recently that it's not factual. He has had to apply all the rules the town developed with Chatham Park while developing Mosaic. He appreciates everyone passion and love for the trees but all the trees cannot be preserve. Some will have to be removed and new ones replanted. M. Reeves Raley - 1505 Hwy 64 W - read a prepared statement on the UDO which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={3BDD3F72-5F84-4A3A-9073-80A624434495} (M. Reeves Raley's comments 021119). Joy Hewett- 3069 Silk Hope Gum Spring Road - read a prepared statement on the CP Tree Protection Element which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-433 l-A87D- 02EC88CB5567}&DE={3BDD3F72-5F84-4A3A-9073-80A624434495} (Joy Hewett comments 021119). Kevin Hornik - 1526 East Franklin Street - Attorney with The Bough Law Firm representing Bill and Cheryl Hamlet who own 100 acres of undeveloped land in the EJT that will be affected by the proposed UDO. He thinks as proposed it will limit their client's rights to develop their property in a meaningful way and urged them to schedule a worksession and proceed cautiously. John Wagner- 210 Jessamine Lane stated he is concerned about the number of trees to be cut by Chatham Park. Trees are very important. Trees are a unique characteristic of this entire area. 10-25% tree coverage is just not adequate. David DelVecchco - 600 East Road - stated he lives off Russell Chapel church Road and he has lived here for 20 years and was drawn to the area because the dark sky, forest, small town, shade of a big tree. He understands he has lost the fight on dark skies but he wanted to speak about the importance of keeping forests. He stated that was not unique about Chatham Parks Plan. February 11, 2019 Minutes Page 2  Jean Chapman - moved to Bear Creek in 1974 because she fell in love with the county and has been her since. She lives the beauty of the county especially the trees. She spoke of the importance of keeping the trees. Jessamine Hyatt read from a prepared statement which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={3BDD3F72-5F84-4A3A-9073-80A624434495} (Jessamine Hyatt comments 021119). Liz Cullington - read a prepared statement on CP Tree Protection Element which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={3BDD3F72-5F84-4A3A-9073-80A624434495} (Liz Cullington comments 021119). Doug Emmons - speaking on behalf of EDC task team reviewing the draft UDO. Mr. Emmons read a written statement which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={3BDD3F72-5F84-4A3A-9073-80A624434495} (EDC Task Team comments on draft UDO 021119). COMMISSIONER/MANAGER UPDATES Mayor Updates - Mayor Perry stated that: • She and Commissioner Bonitz met with 3M Corp & Associates and truck haulers and truck traffic through town. r • Attended Legislative Breakfast with Rep. Reaves and Senator Foushee. • EDC • RPO • Fairground Association • PBA/Downtown-Commissioner Fiocco said PBA will be meeting Wednesday. • Triangle J Council of Governments • Main Street - Commissioner Fiocco said they are working on their budget and two new events for downtown. Pittsboro Affordable Housing meeting will be tomorrow night. • Climate Change • Human Relations Committee • Chatham County Arts Council - Commissioner Foley said she attended the Board Retreat - Investing in the Artist. • Chatham County Affordable Housing - Commissioner Baldwin said they met last meeting and are working on ways to connect with the connect with the community to get the word out about their meeting and seek comments. Manager Gruesbeck gave an overview of updates submitted in the agenda packets which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331- A87D-02EC88CB5567}&DE={3BDD3F72-5F84-4A3A-9073-80A624434495} (Updates 02.11.19) OLD BUSINESS PITTSBORO ABC UPDATE February 11, 2019 Minutes Page 3 Jim Nass Chairman of the Pittsboro ABC Board gave an update. He said the net income is up 10.7%. Mixed beverage sales have flatten out in the 2nd quarter. Mr. Nass presented the town a check in the amount of $16,236.00. SPECIAL USE PERMIT (SUP-2018-05) AT 193 LOWES DRIVE FOR LP GAS REFUELING STATION Victoria Bailiff stated that Matthew McClory is requesting a special use permit to operate a Liquified 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 tank for refueling which will be located towards the rear of the property. Staff recommends approval of the request, subject to issuance of any additional local and state permits. A public hearing was held on January 28, 2019. No citizen presented evidence against the request. The Board asked the applicant to explain how tanks would be filled and where customers would park. There were also inquiries into impervious surface and landscaping requirements as well as the location of the office to accompany the refueling station. The Planning Board reviewed these plans at their meeting on February 4, 2019. The Board posed questions regarding the hours of operation, how refueling of the tank will operate, and if the tank would require any new paved surfaces. The Board found that the proposed refueling station meets the special use requirements and voted unanimously (6-0) to recommend approval of the plans. Commissioner Fiocco commented that he did not notice a change on the plan from last meeting. Mr. McClory said he did not put it on the plan since it was not a requirement. He does plan to put in pavers with the consent of the landlord since it is not a requirement. Commissioner Farrell asked if he had looked at locating it on the other side. Mr. McClory said he had and was told it could not be because of an easement. After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Farrell to approve SUP-2018-05 at 193 Lowes Drive for LP Gas Refueling Station with the stipulation that if the general public need access to the refueling area there be an assessable route. Vote Aye-5 Nay-0 A COPY OF SPECIAL USE PERMIT 2018-05 IS ON FILE IN THE PLANNING OFFICE UNREGULATED CHEMICALS IN DRINKING WATER Adam Pickett, ORC Pittsboro Water Treatment Plant- stated the Plant is in compliance with all state testing requirements. They have been monitoring since mid-September 2018. They are 2-4 parts per billions on average. They wanted to look at ways to treat this on our level which would be wonderful. February 11, 2019 Minutes Page 4  Reed Barton, Professional Engineer with CDM Smith and Bill Bowbiggin also a Professional Engineer with CDM Smith and leads the firms water treatment practice, which covers Washington DC to Atlanta. They are speaking on emerging contaminants in the Haw and what they are on contract to work on and what could come after that. After discussions Mr. Barton said they will come back with alternatives and proposals at the end of the study is complete. Power Point Presentation by CDM Smith can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={3BDD3F72-5F84-4A3A-9073-80A624434495} (PPT Emerging Contaminants Pittsboro 2019-02-11) Emily Sutton said she was glad to know the Town had hired someone that was so knowledge in emerging containments. Ms. Sutton gave a PowerPoint Presentation which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={3BDD3F72-5F84-4A3A-9073-80A624434495} (Emily Suttons PPT 021119). Commissioner Foley asked Ms. Sutton if going forward she would keep the board informed on how they can get involved in upstream issues. UDO UPDATE r Jeff Jones Planning Director submitted a report that stated recently staff in mutual agreement with Clarion & Associates have agreed to part ways and have either Staff or another firm take the lead role on development of the UDO. This agreement is a result of an indeterminable timeline for adoption of the UDO. The budget with Clarion & Associates has been exhausted and to continue with Clarion would have resulted in a new budget agreement. Clarion (Roger Waldon) agreed that if questions regarding the current draft of the UDO arise from future workshops and or review of the UDO that staff can reach out to Roger for assistance. Where do we stand now? The UDO is at a crossroads of sort, that the Town has put forth resources and time to get to this point in the process, nearly 5 years of work, and should be able to move forward with the current draft. However, staff is aware that there are still questions regarding certain sections of the draft UDO, and we need to either redraft or discuss these questions as a group in order to move forward. At our workshop in December it was determined that the Commissioners would take the month of December and January to review the current draft and be ready to schedule a workshop for some date in February. We are now at that point, we need to set a workshop to discuss the UDO and give direction to staff. Commissioner Fiocco said he has read the UDO over and has many, many ideas, questions and suggestions. As the document is currently presented he doesn't think it is what the board is wanting but there is enough substance to pull from it. February 11, 2019 Minutes Page 5 After discussion UDO Worksessions were scheduled for the 3rd Monday night in February, March, April and May at 6 pm at Town Hall. Motion made by Commissioner Farrell seconded by Commissioner Fiocco to take a five minute break. Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to go back into the regular meeting. Vote Aye-5 Nay-0 CHATHAM PARK MASTER PLAN TEXT AMENDMENT-TREE PROTECTION Jeff Jones stated that Chatham Park will give a presentation on their Tree Protection Element tonight and be ready to discuss any questions and comments that the Board may have. David Brown and Kurt Piper were representing Wither Ravenel gave brief comments and a PowerPoint Presentation by Wither Ravenel can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={3BDD3F72-5F84-4A3A-9073-80A624434495} (Tree Coverage Presentation Draft 02-11-2019) Mr. Brown said their purpose tonight was to talk about the differences between tree canopy and tree coverages NEW TOWN HALL PROJECT UPDATE Taylor Hobbs went over a Power Point Presentation can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={3BDD3F72-5F84-4A3A-9073-80A624434495} (Town Hall-2-11- 19). Taylor Hobbs said tonight he needed to get approval for the Total construction budget which is as follows: • Site Work $ 1,093,254.00 • Parking Deck $ 2,564,450.00 • Building $10,435,199.00 $14,092,902.00 • Bid Alternates $ 1,030,504.00 • Total Construction Budget $15,123,407.00 **Bid Alternates included in the budget • LEED Certification February 11, 2019 Minutes Page 6  • Building Generator • Fire Pump and Tank • Site Irrigation • Underground Storm Water Tank • Card Reader Security System • Audio Visual System • RoofTerrace • Additional Precast Concrete • Additional Millwork Package Commissioner Fiocco asked Mr. Hobbs explore improving water system around the site (three streets) which would provide better fire protection of this building as well as adjoining properties and it would be a better bang for public dollars. He also asked this Mr. Hobbs look into include (or make sure it is included) a sand filter. After discuss a motion was made by Commissioner Fiocco seconded by Commissioner Foley to approve the Construction Budget for the New Town Hall Project. Vote Aye-5 Nay-0 NEW BUSINESS REQUEST FROM CHATHAM HABITAT FOR HUMANITY TO WAIVE FEES FOR HOUSING DEVELOPMENT I Mr. Jerry Whortan was present on behalf of Chatham Habitat for Humanity. He said they have been building affordable housing in Pittsboro/Chatham County for years and they have asked very little monetarily from the Town. They are having to come before the board to be able to continue building affordable housing in Pittsboro. He stated he hoped everyone had read the letter it sent requesting the waving or reducing of fees . Letter from Chatham Habitat for Humanity can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={3BDD3F72-5F84-4A3A-9073-80A624434495} (Request for waving fees '18) There was discussion on this matter and it was decided that no vote could be taken on this tonight because we need to take time to create a system on implementing affordable housing and this would be one of the elements. The Pittsboro Affordable Housing Task Force are meeting tomorrow night to start writing the language of implementing an Affordable Housing in Pittsboro. The Board all agreed that very much support the efforts of Chatham Habitat for Humanity. ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS February 11, 2019 Minutes Page 7 Commissioner Bonitz asked where we are with the evacuation route for Powell Place. Jeff Jones said he spoke with the land owner but there needs to be another sit down to see what actually will be required. Commissioner Bonitz said he has received numerous emails about the proposed cement plant on Moncure Road. Jeff Jones said staff is reviewing the plans. There is nothing to do right now, like he has said it is a permitted use by right in M2. Commissioner Bonitz asked about the water pooling on West Salisbury (Carr Property) Phoenix Bakery. Elizabeth Goodson said they are working with the service station next door on some things. Commissioner Bonitz asked Attorney Messick when they will have a draft policy on blight /substandard housing in Pittsboro. Attorney Messick said he can have something ready for next meeting. CLOSED SESSION Motion made by Commissioner Fiocco seconded by Commissioner Foley 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 session. Vote Aye-5 Nay-0 ADJOURNMENT Motion made by Commissioner Farrell seconded by Commissioner Bonitz to adjourn at 11 :25 p.m. Vote Aye-5 Nay-0 ~ CinyS. ii?!_ Perry~~ / ATTEST: ~ y~fi1tL Town Clerk February 11, 2019 Minutes Page 8