1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, MARCH 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 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 and Engineer Elizabeth Goodson. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the agenda I as submitted. Vote Aye-5 Nay-0 CONSENT AGENDA Corrections to the February 25, 2019 minutes were submitted by Commissioner Fiocco and Commissioner Foley as follows: • Pg. 1, 3rd paragraph under ATTENDANCE, delete "seconded by Commissioner Fiocco" • Pg. 6, 2 nd item, replace "2.1" with "3.1" • Pg. 6, 7th item, add quotation marks to "residential uses in" and state "substitute "within" for "for residential uses in"" • Pg. 6, 11 th item, delete "delete the word average" and state "substitute "no dimension" for "dimension that average not"" • Pg. 7, first paragraph, add "in the contract" after "accordingly" • Pg. 5, Under Chatham Arts Council- should read "Commissioner Foley stated Chatham County 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. Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to approve the consent agenda with the modifications to the February 25, 2019 minutes as listed above. The Consent Agenda contains the following items: March 11, 2019 Minutes Page 1 1. Approve Minutes of the February 25, 2019 meeting. (with corrections above) 2. Accept FY 2018-2019 Financial Reporting as of January 31, 2019. 3. Approve Ordinance to Amend the Capital Project Budget for the Pittsboro Elementary School Rd (PESR) Culvert Project. 4. Set Public Hearing for Rezoning Request (REZ-2019-02) at 196 Chatham Business Drive from C-2 (Highway Commercial) to 0-VCZ (Office and Institutional Conditional Zoning). 5. Authorize the Finance Director to sign Memorandum of Participation for GASB 75 Valuation of Other Post-Employment Benefits (OPEB) with Cavanaugh Macdonald and to complete GASB 75 Valuation of OPEB. Vote Aye-5 Nay-0 ORDINANCE AMENDING PESR CULVERT PROJECT IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 7 REGULAR MEETING AGENDA CITIZENS' MATTERS John Clarke - 212 Cumberland Road- was present to speak about Native Plant Rescues. Mr. Clarke stated he is a member of the NC Native Plant Society and they have formed a partnership with Chatham Park Developers to rescue native plants before construction that they donate to the NC Museum of Arts, Botanical Garden in Chapel and one in Greensboro and Raleigh. He wanted to publicly acknowledge the partnership with Chatham Park Developer. Maggie Frantz - 1079 Bynum Road - was present to speak about Bees and Trees. Require Chatham Park to save as many mature trees as possible. Bees get pollen and nectar from mature trees. Peter Theye - 1065 Boothe Hill Road - was present and read a prepared statement which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 9FB4E92E-2F63-43 31- A87D-02EC88CB5567}&DE={ 0A465BB4-18E7-428D-Al 60-F8F6668B6DD3} (Peter Theye written comments 031119) Elaine Chiosso - 1076 Rock Rest - was here to present a Petition that was signed by 1,449 people - Chatham Park Trees and Water which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-433 l-A87D- 02EC88CB5567}&DE={0A465BB4-18E7-428D-Al 60-F8F6668B6DD3} (Petition 031119) Ed Fowler- 86 Windsong Dr. - spoke about the Concrete Batch Plant. Mr. Fowler provided a handout that can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- March 11, 2019 Minutes Page 2  02EC88CB5567} &DE= {0A465BB4-18E7-428D-Al 60-F8F6668B6DD3} (Handout from Ed Fowler 031119). Mr. Fowler wanted to let the BOC know they are starting a petition against the Concrete Patch Plant. He hope there is enough time to get the petition signed by the next meeting. Ms. Goodson said the project is still under review. Mr. Fowler said at the last meeting he was told to get in touch with the Planning Department, he has tried but his calls have been not been responded to. Joy Hewett- 3069 Silk Hope Gum Spring 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={0A465BB4-18E7-428D-A160-F8F6668B6DD3} (Written comment Joy Hewitt 031119) Pam Smith - retired - local business owner - said we need to think about our future. Any decision made today will affect the future . She said Chatham Park is not our enemy we have to embrace them and hope they want to work with us and not against us. She would love to see everyone come together. Amanda Robertson - 244 Prince Creek - read a written statement and gave a handout on Climate Change which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE= {0A465BB4-18E7-428D-Al 60-F8F6668B6DD3} (Written comments Amanda Robertson 031119; Handout submitted to BOC 031119) Chris DiGiovenna- 573 Chatham Forest Drive - spoke about speed bumps in Chatham Forest I said he wanted guidance on how to get the process started to get speed bumps on Chatham Forest. Manager Gruesbeck said he had drafted some language a few years ago, he can bring it back or look at what other towns do. Commissioner Bonitz asked that he re-distribute that information to the board. Mr. DiGiovenna was advised to follow up with the Town Manager. Commissioner Baldwin asked that Chief Crutchfield also be involved in looking at this. COMMISSIONER/MANAGER UPDATES Manager Bryan Gruesbeck went over the updates he provided with the agenda packets, they can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331- A87D-02EC88CB5567}&DE={0A465BB4-18E7-428D-Al 60-F8F6668B6DD3} (Updates 3.11.19) Mayor Updates - Mayor Perry reported that she, Commissioner Farrell and Foley and various members ofEDC enjoyed a tour of the 3M Facility. • EDC - Commissioner Fiocco announced that Alyssa Byrd is the New EDC President. • RPO • Fairground Association • PBA/Downtown - Commissioner Fiocco said he will not be able to attend the PBA meeting Wednesday and the Mayor has agreed to go in his absence. He will be attending the Main Street Conference in Salisbury. • Triangle J Council of Governments March 11, 2019 Minutes Page 3  • Main Street • Climate Change • Human Relations Committee • Chatham County Arts Council OLD BUSINESS AFFORDABLE HOUSING COMMITTEE UPDATE Jim Nass stated the committee continues to make progress working towards non-profit 501C 3 status. They have in engaged with a consultant to put the committee's recommendations into ordinance language and they expect to receive a draft back on March 26, 2019. The committee will meet on April 2, 2019 to go over the draft ordinance and then start meeting with staff to determine scheduling meeting with Board of Commissioners. NEW BUSINESS SEWER ALLOCATION REQUEST: MODERN DELI AND DRINKS Engineer Elizabeth Goodson stated that The Modem Deli and Drinks has requested 392 gpd of sewer for the building improvements. Ms. Goodson gave the board an update on current allocation available as well as giving an update on other projects under review. Ms. Goodson stated that staff recommends approving the request. After discussion a motion was made by Commissioner Farrell seconded by Commissioner Foley to approve the 392 gpd of sewer allocation for The Modem Deli and Drinks. Vote Aye-5 Nay-0 ORDINANCE AMENDMENT TO TOWN OF PITTSBORO CODE OF ORDINANCES TO ALLOW ALCOHOL ON TOWN OR PUBLIC PROPERTY DURING SPECIAL EVENTS Attorney Messick said Town current Ordinances prohibits the consumption of alcohol beverages on Town/public property. He has prepared an Ordinance that would amend Section 4-101 and Section 4-102 to allow the Town to permit alcohol consumption during special events. Attorney Messick said he will have a "draft" special events ordinance prepared for next meeting. After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Foley to approve the Ordinance Adopting an Amendment to the Code of Ordinances. Commissioner Baldwin said we need to define "special events" and don't think the street fair should be included because there are so many children in attendance, that would not be acceptable to her. Vote Aye-5 Nay-0 March 11, 2019 Minutes Page 4  AN ORDINANCE ADOPTING AN AMENDMENT TO THE CODE OF ORDINANCES IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 8 ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Foley stated she will be out of the country April 8-13, 2019 and she feels the vote on the Tree Protection Ordinance may take place on April 8, 2019. She know it has been mentioned before about calling in to attend meetings. Attorney Messick said there is a difference in calling in to attend a meeting and actually participating in a meeting. He said there would have to be some type policy. Commissioner Benitz said the Board of Education has a policy and he will circulate the policy to the Board and staff. Commissioner Baldwin said there are potholes on Chatham Street that need to be repaired. Manager Gruesbeck said we are having a pavement analysis done this week. Commissioner Benitz said East Salisbury Street need attention as well. He asked that at some point Ms. Goodson give an update on the situation/solution at Phoenix Bakery. He also asked for an update of the drinking water study. Commissioner Benitz said he handed out a proposal from NC State Clean Water Tech Center for Solar and Energy Storage cost benefit payback period analysis for the New Town Hall. He asked that the Board think about it. [ Commissioner Benitz said some concerned citizens had spoken with him about federal policies on law enforcement and the impact on community relations, business - state of emergency. He has concerns and worries and he wants to circulate a letter he is writing about the importance of civil rights, national security, etc. Mayor Perry said she sent an email regarding public expression speakers earlier and she went over the options. She said at the workshop there would not be any public expression speakers it was a workshop for the board. Commissioner Benitz said if the Board is going to change the Public Expression rules we need to give advance notice. There was much discussion on the issue and an amendment is to be prepared. FYI- 1. Fiscal Policy - Review Copy 2. 2019 Pittsboro Parks and Recreation Plan - Review Copy - can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331- A87D-02EC88CB5567} &DE={0A465BB4-18E7-428D-Al 60-F8F6668B6DD3} March 11, 2019 Minutes Page 5  ADJOURNMENT Motion made by Commissioner Bonitz seconded by Commissioner Baldwin to adjourn at 8:50 p.m. Vote Aye-5 Nay-0 ~ J,{J_ CindyPerry,M~ ATTEST: March 11, 2019 Minutes Page 6