1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, FEBRUARY 25, 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 Bett Wilson Foley. Staff present: Manager Bryan Gruesbeck, Clerk Alice F. Lloyd, Attorney Paul S. Messick, Jr., Police Chief Percy T. Crutchfield, Planning Director Jeff Jones and Parks Planner Paul Home. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the regular I agenda as submitted. Vote Aye-5 Nay-0 CONSENT AGENDA Mayor Perry stated there were minor corrections to the February 11 , 2019 minutes and to the Road Closure Ordinance at their seats tonight. Commissioner Farrell asked that #2 be pulled for discussion. The Consent Agenda contains the following items: 1. Approve Minutes of the February 11, 2019 meeting. (with changes: Page 5, 5th paragraph: change "Fiocco" to "Foley"; Page 5, last paragraph, last sentence: chance "put" to "pull" and Page 8, second paragraph, last sentence: change "side" to "said". Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to approve the minutes of the February 11, 2019 meeting with the corrections listed. Vote Aye-5 Nay-0 2. Approve Ordinance Declaring a Road Closure For Mainstreet Pittsboro Farm to Table Dinner. (Removed for discussion) (changing "parade" to "temporary street closure". Mayor Perry asked Commissioner Farrell ifhe wanted to go ahead and ask his question now. Commissioner Farrell said he didn't understand what this Farm to February 25, 2019 Minutes Page 1 Table Dinner was. Commissioner Fiacco explained it was a Main Street sponsored white linen dinner for approximately 200 diners for all around. Commissioner Farrell asked about vendors, he was told that local restaurants would be preparing the food. Commissioner Farrell asked if the funding for police officers would be coming out of Main Street funding and was told it would. After discussion a motion as made by Commissioner Fiacco seconded by Commissioner Foley to approve the Ordinance Declaring a Road Closure for Mainstreet Pittsboro Farm to Table Dinner. Vote Aye-5 Nay-0 AN ORDINANCE DECLARING A ROAD CLOSURE FOR MAINSTREET PITTSBORO FARM TO TABLE DINNER IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 5 CEREMONIAL RESOLUTION TO RECOGNIZE BLACK HISTORY MONTH Mayor Perry read the following Resolution and asked for a motion for approval: RESOLUTION RECOGNIZING BLACK HISTORY MONTH WHEREAS, Black History Month is the observance of a special period to recognize the achievements and contributions of Black African Americans; and WHEREAS, it was initiated in 1926 by Carter G. Woodson as Negro History Week and since 1976 it has been celebrated the entire month of February; and WHEREAS, this observance affords special opportunity to become more knowledgeable about black heritage, and to honor the many black leaders who have contributed to the progress of our town, state and nation; and WHEREAS, such knowledge can strengthen the insight of all our citizens regarding the issues of human rights, the great strides that have been made in the crusade to eliminate the barriers of equality for minority groups, and the continuing struggle against racial discrimination and poverty; WHEREAS, Black African Americans have made significant contributions as President of the United States of America, in science, medicine, theology, education, music, sports and public service. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Town of Pittsboro that the month of February as Black History Month and urge all citizens of our community to give full regard to the past and continuing service of Black African Americans in our town, our state and our nation. Adopted this the 25 th day of February, 2019. February 25, 2019 Minutes Page 2  Motion was made by Commissioner Baldwin seconded by Commissioner Fiocco to approve the Resolution to Recognize Black History Month. I Vote Aye-5 Nay-0 A RESOLUTION RECOGNIZING BLACK HISTORY MONTH IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 42 REGULAR MEETING AGENDA CITIZENS' MATTERS Gary Simpson submitted his written comments prior to the meeting. They can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={D20275FC-17DA-466A-829D-295278283DAB} (Gary Simpson written comments 022519) Liz Cullington- 390 Rocky Hills Road read a prepared statement on the tree element. It can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331- A87D-02EC88CB5567}&DE={D20275FC-17DA-466A-829D-295278283DAB} (Cullington comments. Tree Element 022519) Tara Lynne Groth- 504 Roberson Creek Road- spoke on tree element. She is a certified beekeeper and spoke about trees being pollinators for honeybees. She said the native tulip popular tree is the number one source of nectar for honeybees in our state as well as sourwood and other trees that other nutrients for bees. She is also concerned above the habitat for the bald eagles in the area. Cathy Holt - 680 Providence Church Road - read a prepared statement which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={D20275FC-17DA-466A-829D-295278283DAB} (Cathy Holt written comments 022519) Meera Butalia -55 Roy Hatley Road- read a prepared statement which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-433 l-A87D- 02EC88CB5567}&DE={D20275FC-17DA-466A-829D-295278283DAB} (Meera Butalia written comments 022519) Jan Burger- 726 Bynum Road spoke about the tree element and about each person doing more to protect the climate. Trees are the lungs of the forest. Ron Hatley - 24 Roy Hatley Road - passed around a picture and read a prepared statement which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E- 2F63-4331-A87D-02EC88CB5567}&DE={D20275FC-17DA-466A-829D-295278283DAB} (Ron Hatley written comments 022519) Martha Girolami - 4 73 Mt. Pisgah Church Road Apex, spoke about the tree element. Ms. Girolami referenced an email she sent to the Board earlier and spoke about the climate crisis. February 25, 2019 Minutes Page 3 She wants to keep the trees alive and stop cutting them down. Greater than 50% of the existing trees in Chatham Park should be preserved. Chatham Park will be the death to climate change. Beyla Munach- 319 Wrights Way, spoke at the tree element. She feels we should think of nature as a part of us. Amy Coughld - 60 Theywood Lane, Chapel Hill spoke about the tree element. The trees is what makes Chatham County special. Chatham Park does not need to cut so many trees. She lives in Brier Chapel (6 years) and they have been fighting with the developer. Audrey Schwankl- 1285 Thompson Street- stated she own 100 acres of trees that will not be cut down, they made a promise to the trees. She is concerned about young children - three words - inspiration, respiration and protection. She said we need to keep trees in Chatham County. Tami Schwerin-4479 Pittsboro Moncure Road - welcomed Chatham Park here and asked that they be good stewards of the land. She asked that the board vote for a strict policy to insure that. Tracey Turner-Keyser- 495 Tum Key Way- stated she is concerned about all the clear cutting around the area. Herman- 2100 Peppertree St. Unit 58, Durham, NC - stated he chooses to live in the great forest across this country and to have no address. He urges the board to keep the forest. Jessamine Hyatt - 248 Bynum Church Road read a prepared statement which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={D20275FC-l 7DA-466A-829D-295278283DAB} (Jessamine Hyatt written comments 022519) John Wagner - 210 Jessamine Lane - asked the board to postpone vote on this. It is too important to rush. Sarah Smith - 600 East Road - send plan back to drawing board. David Delvecchio - 600 East Road - responded to some numbers that were thrown out a couple weeks ago. Asked that they not vote on the proposal tonight. COMMISSIONER/MANAGER UPDATES Mayor Updates • EDC - Commissioner Fiocco said the Opportunity Chatham Breakfast was Friday. • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments • Main Street February 25, 2019 Minutes Page 4  • Climate Change - Commissioner Bonitz stated he learned that a letter was sent to Chatham County Commissioners regarding the tree element. • Human Relations Committee • Chatham County Arts Council - Commissioner Foley stated Chatham Arts Council funded this Artists in Schools program whereby students are conducting interviews and creating a mini documentary on the subject of Chatham County' s small businesses and local economy under the guidance of a local artist. (Primary school) Manager Gruesbeck showed pictures that were taken. Manager Gruesbeck went over his updates which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={D20275FC-17DA-466A-829D-295278283DAB} (Updates 2.25 .19) Commissioner Foley asked that the Elementary School be notified of the schedule of work on the bridge repair work. OLD BUSINESS PARKS AND RECREATION SYSTEM MASTER PLAN UPDATE Parks Planner Paul Home gave an update on the Park and Recreation System Master Plan and stated the plan can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={F8707567-B69F-4F85-Al 15- A2BFDBD34DA1 }&DE={6F40ED3D-1CEB-4A26-9F27-15E78814BAA5} [ Mr. Home said hardcopies of the document will be provided in advance of the Board of Commissioners' (BOC) meeting of March 25, 2019 and the Plan's Executive Summary was included in the agenda packet. CHATHAM PARK PLANNED DEVELOPMENT DISTRICT (PDD) ADDITIONAL ELEMENT - TREE PROTECTION Planning Director Jeff Jones stated Chatham Park is prepared to answer any questions that the Board may have on their proposed Tree Protection element. The Board has had the element for a few weeks and after last meeting's presentation on the Tree Protection, Chatham Park is requesting either additional feedback or a vote on their proposal. Planning Director Jeff Jones went gave a presentation showing the proposed ordinance to Durham's ordinance can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={D20275FC-l 7DA-466A-829D-295278283DAB} (Town Board 0022519) Board agreed to look at an ordinance which delay building on land for three years if property is in forestry according to state law. Commissioner Fiocco made the following comments/corrections: February 25, 2019 Minutes Page 5 Redlined Version: Page 1 - Section 2 item 4 TCA - strike residential or add residential before the word development Page 2 - strike 3.1 & 3 .2 - allow for some lesser standard than 2 acre parcel Page 3 - what is TCPA use? Or vegetative setback? Page 4 - strike B & C at top of page. Item H add after the parenthesis and before the period and the dimensional standards of TCA. Commissioner Foley would like to see Greenway and Parks as well. Page 6 - Table 2 - mixed use from TCP A - consider word change Page 7 - Table 2 - notes Items 2 - strike in two places "and proposed" Item C - delete "for residential uses in" and "substitute "within" for "for residential uses in"". Commissioner Foley said 3% is too low. Page 10 - Item 5.2 - Cluster of trees definition Page 11 - top of page - extra "be" in it Page 12 - Section 7 - 2 line from bottom "delete the word average" and "substitute "no dimension" for "dimension that average not"" Page 14 - item N & 0 - unsure about Item 2 - i, j should be j, k Page 15 - strike item 12 .1 After much discussion the Board agreed more work/discussion need to be done on this element and they agreed to use the scheduled UDO worksession to work on the Tree Element on March 18, 2019. Motion made by Commissioner Bonitz seconded by Commissioner Foley to schedule a Worksession on the Tree Element for March 18, 2019 at 6:00 p.m. Vote Aye-5 Nay-0 Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to take a five minute recess. Vote Aye-5 Nay-0 February 25, 2019 Minutes Page 6  Motion made by Commissioner Bonitz seconded by Commissioner Fiocco to go back into regular session. Vote Aye-5 Nay-0 BICYCLE & PEDESTRIAN PLAN UPDATE Planning Director Jones said in 2018, the Town was awarded an NCDOT grant to update the Town's Bicycle and Pedestrian Plan. The process has taken a little while to get started, mainly because the Town elected to have NCDOT administer the project and be a participant rather than have a lead role in the process. NCDOT selected Alta Planning to lead the planning effort with the Town. Attached to this memo is the NCDOT scope of work with Alta Planning for the Pittsboro Bicycle and Pedestrian Plan. The Town worked with Casey Hilliard from the Chatham County Health Department to identify persons in the community that would be likely stakeholders in this process and fit within the suggested committee list ofNCDOT. The committee list of suggested members is also attached to this memo. Staff might suggest that the Town Board select someone from their membership to also serve on this committee. The kick off meeting with the Steering Committee is set for March 7, 2019 at 10:00 am in the Town Hall Board Room. Mr. Jones asked if they would like to attend the meeting to let him know and he would add them to the email list. The Board members had persons they though would be great candidates to serve on the r committee. Mr. Jones asked that they get him their information. ORDINANCE TO AMEND THE CAPITAL PROJECT BUDGET TOWN HALL PHASE 2 DESIGN AND SCOPE Commissioner Fiocco said he had one recommendation it stated that Schematic Design, Design Development and Construction Documents represents 65% of the total design fee - he said it would be nice to know what the milestones are and give a breakdown accordingly in the contract. After much discussion a motion was made by Commissioner Fiocco seconded by Commissioner Foley to approve the Capital Project Budget for Town Hall Project. Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to authorize the Town Manager to execute Attachment B: Design Amendment to AIA Contract Bl0l with the language that a breakdown of design fees will be provided. Vote Aye-5 Nay-0 AN ORDINANCE AMENDING CAPITAL PROJECT BUDGET FOR TOWN HALL PROJECT IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 6 February 25, 2019 Minutes Page 7  DEMOLITION OF BUILDING AT NEW TOWN HALL SITE - CONCRETE SLAB OPTION Manager Gruesbeck gave background on the project. DH Griffin is currently in the process of demolishing the existing building located at 50 W Salisbury where the New Town Hall will be located. As we discussed previously, DH Griffin is willing to leave the building's concrete flooring in place as additional parking until construction on the new Town building commences. DH Griffin and Hobbs Architects provided pricing options to accommodate this possibility. The bid option approved by the Town for the project totals $178,650. This amount would completely cover the cost of demolition, including removal of the concrete slab. If the Town elects to keep the slab in place, the pricing changes. The Town would be responsible for a "base bid" price of $58,950 for demolition and removal of the walls and roofing. However, the slab would need some modification in order to safely allow parking. These modifications would total $30,000 to "roughen" the concrete surface, install concrete tire bumpers for parking as well as additional work along the walls to allow ingress/egress. The remainder of the budget could be used for removal of the pad in advance of construction. At this point, you are asked to provide direction on the course of action. If you elect to temporarily keep the slab in place, we will process a "deduct" Change Order to allow for the slab modifications. If you decide to move forward with complete demolition of the walls, roofing and concrete slab, the approved project cost of $178,650 would remain in place. Commissioner Fiocco said he would still recommend roughing up the slab - $90,000 can be financed in the larger project. After discussion a motion was made by Commissioner Foley seconded by Commissioner Farrell to remove the slab- (continue with demolition of the complete structure). Vote Aye-4 Baldwin/Bonitz/Farrell/Foley Nay-1 Fiocco Mayor Perry thanked Mr. Messick for the FYI information. They need to share their concerns with him so that he can better under the need. Attorney Messick said the Town has a Minimum Housing Code and Commercial would be something different. ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Farrell asked ifwe need to work on zoning more so that we can fix some of the things that we know we don't want. Do we need to be working on that before the UDO? Commissioner Baldwin said there is a Triangle J meeting Wednesday and she asked if her alternate would like to attend. Commissioner Bonitz asked for an update on the evaluation route at Powell Place and for the Sewer Allocation graph from Elizabeth Goodson. February 25, 2019 Minutes Page 8  FYI- ' 1. MEMO from Town Attorney- Vacant, Neglected Commercial Buildings ADJOURNMENT Motion made by Commissioner Fiocco seconded by Commissioner Farrell to adjourn at 10:45 p.m. Vote Aye-5 Nay-0 ATTEST: N~C~cft¥~ Town Clerk February 25, 2019 Minutes Page 9