1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, MARCH 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., Sgt. Jackie Franks, Finance Director Heather Meacham, Planning Director Jeff Jones, Parks Planner Paul Home and Planner II Victoria Bailiff. Motion made by Commissioner Foley seconded by Commissioner Fiocco to approve the regular agenda as submitted. Vote Aye-5 Nay-0 CONSENT AGENDA Motion made by Commissioner Baldwin seconded by Commissioner Foley to approve the consent agenda as submitted. The Consent Agenda contains the following items: 1. Approve Minutes of the March 11, 2019 meeting. 2. Accept FY 2018-2019 Financial Report as of February 28, 2019. Vote Aye-5 Nay-0 PUBLIC HEARING Motion made by Commissioner Bonitz seconded by Commissioner Foley to go into public hearing. Vote Aye-5 Nay-0 REZONING REQUEST (REZ-2019-02) AT 196 CHATHAM BUSINESS DRIVE FROM C-2 (HIGHWAY COMMERCIAL) TO O-I/CZ (OFFICE AND INSTITUTIONAL CONDITIONAL ZONING) March 25, 2019 Minutes Page 1 Planner II Victoria Bailiff reported that Third Wave Housing is proposing to rezone approximately 3.406 acres located at 196 Chatham Business Drive (parcel 80091), from C-2 (Highway Commercial) to O-I (CZ) (Office and Institutional Conditional Zoning District). Definition of Conditional Zoning Districts (Zoning Ordinance Section 10.7) Conditional Zoning Districts are primarily intended to allow for the zoning and development of property in accordance with general use zoning district standards and additional conditions that enable the use and development to fit better with the site and neighboring properties. All applications must include an exhibit map/schematic plan drawn to scale and supporting text which will become a part of the ordinance amendment. In approving a reclassification of property to a conditional zoning district, the Town Board of Commissioners may request that reasonable and appropriate conditions be attached to approval of the rezoning. Any such conditions should relate to the relationship of the proposed use to surrounding property, proposed support facilities such as parking areas and driveways, pedestrian and vehicular circulation, screening and buffer areas, the timing of development, street and right-of-way improvements, water and sewer improvements, stormwater, the provision of open space, and other matters that the Town Board of Commissioners may find appropriate or the applicant may propose. No condition on a conditional zoning district application may have the effect of removing or amending any requirement of this ordinance. The town has received the request for sewer allocation for The Retreat at Pittsboro (196 Chatham Business Park) along with their Conditional Rezoning request. The total request is for 10,440 gpd The current a/location available under the 90% rule (including all previously approved sewer permits from the state and a/location request by the board) is approximately 23,600 GPD. Ms. Bailiff states that Staff finds this property to be in a suitable location for the proposed Office and Institutional Conditional Zoning District because although the surrounding zoning is mostly highway commercial, the majority of uses along Chatham Business Drive are fairly low intensity and would also be permitted in the O-I zoning district. This amendment is not consistent with the Future Land Use Plan, however, due to the specificity of the proposal and its compatibility with the majority of surrounding uses Staff is recommending approval. Public Comments: Jim Nass - 60 Brookridge Ct., Pittsboro - stated he is speaking as Chairman of the Interim Affordable Housing Board. Third Wave Housing spoke before the Affordable Housing Board and gave a good deal of information on what they are proposing for Pittsboro. They have considerable amounts of experience in building affordable housing in NC. The Affordable Housing Board supports Third Wave Housing in this proposal, they believe building these units will meet a critical need of affordable housing in Pittsboro. They would like to encourage the Board to work with Third Wave Housing to get more affordable housing in Pittsboro. Commissioner Fiacco asked about the 71 parking spaces. Ms. Bailiff said that is the maximum and they can't do any more bedrooms than the plans show. March 25, 2019 Minutes Page 2  Commissioner Fiocco as if this rezoning is restricting the property to one use. Ms. Bailiff said yes. Commissioner Fiocco said he feels one of the conditions should state that it is affordable housing. Commissioner Bonitz asked for clarification about the 100 ft. stream buffer. Ms. Bailiff said it is 50 ft. along the stream and pond. Commissioner Fiocco asked who prepared the trip generator report. Ms. Bailiff said she said, he asked if she could prepare one for peak hour. Motion made by Commissioner Fiocco seconded by Commissioner Foley to go out of public hearing and send the request to the Planning Board for recommendation. Vote Aye-5 Nay-0 REGULAR MEETING AGENDA CITIZENS' MATTERS Suzanne Davis -446 May Farm Road- Cement Plant/Potterstone - read a written statement into the record. The written statement can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={20A 715A3-89E6-45B7-B5C9-23B 1CC40EA58} (Suzanne Davis written comments 032519) r Commissioner Fiocco mentioned the document Ms. Davis was referencing was a document adopted by Chatham County not the Town of Pittsboro. Ron Hatley - 24 Roy Hatley Rd - read a written statement into the record. The written statement can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63- 4331-A87D-02EC88CB5567}&DE={20A715A3-89E6-45B7-B5C9-23B1CC40EA58} (Hatley Presentation Pittsboro Board 03-25-2019) Elaine Chiosso - 1076 Rock Rest Road- Presented additional names to the Tree Petition which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63- 4331-A87D-02EC88CB5567}&DE={20A 715A3-89E6-45B7-B5C9-23B 1CC40EA58} (Tree Petition 032519) and mentioned a letter she sent to the board last week. Jim Nass - 60 Brookridge Ct. - spoke in support of the Parks Plan. The committee done a superb job putting the document together. Now is the time to act on it. John Justice - 10 Crosswinds Estate - spoke in support of the Parks Plan. Mr. Justice said tonight is a good night to close the planning and start the building. He told the Board to make this their Legacy. He is a member of Pittsboro Kiwanis and they are interested in investigating to see if their land behind the building is suitable for a park in Pittsboro. They would like for this park to be geared towards children 5-9. March 25, 2019 Minutes Page 3 Patti Dukes - Moncure, NC (ETJ)- stated she was a member of the Parks and Recreation Advisory Board and spoke in support of the Parks Plan. She encouraged the Board to execute the ideas in the plan. Calvin Megginson - Lydia Perry Road - spoke about Chatham Park Investments/Chatham Park and the protection of the forest. COMMISSIONER/MANAGER UPDATES Manager Gruesbeck gave an overview of the update he provided in the agenda packet which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331- A87D-02EC88CB5567}&DE={20A 715A3-89E6-45B7-B5C9-23B 1CC40EA58} (Updates 03.25.19) Mayor Updates - Mayor Perry stated she attended the PBA meeting in Commissioner Fiocco's absence. • Attended a vegetation and curbside spraying of powerlines in Chatham County Presentation by Duke Energy Progress. She have maps if anyone is interested. • On March 19, 2019 she toured the new roads Chatham Park are developing and well as toured the solar plant south of town. • Mayor Perry stated that she and Mayor Grimes of Siler City spoke at Bonlee School. • EDC • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments - Commissioner Baldwin said the Triangle J meeting for Wednesday has been cancelled and they will attend a Legislative Day will be held instead. • Main Street - Commissioner Fiocco said he attended the Main Street Conference in Salisbury and ran into the Governor. He said he is very supportive of Main Street programs and he confirmed that he budget includes $1 million for Main Street Pittsboro to go towards the downtown vision plan. He said the art for the handrails is complete. Everything should be completed and installed by the middle of May. Three more recycle bins are here. • Climate Change • Human Relations Committee • Chatham County Arts Council - Commissioner Foley mentioned Clyde's Fest on April 6 from 11-4 and an Arts Event at the Rosemary House Bed and Breakfast May 3-5. OLD BUSINESS FISCAL POLICY GUIDELINES FOR THE TOWN OF PITTSBORO Finance Director Heather Meacham said the board discussed this in 201 7 and she made the corrections the board made and no other changes have been made. She brought it back to the board for adoption. March 25, 2019 Minutes Page 4  Commissioner Fiocco stated it mentions net debt not to exceed 2.5% he would like that to be 3.5%. Before he spoke with Heather today it was his thoughts of making it 5% but she was not comfortable with that percentage. Motion was made by Commissioner Fiocco seconded by Commissioner Foley to approve the Fiscal Policy Guidelines for the Town of Pittsboro with the change above. Ms. Meacham said she would like to recommend that the debt service cost be increase as well - that it be increased to 18%. Commissioner Fiocco amended his motion and Commissioner Foley amended her second to include 18% debt service cost instead of 15% debt service cost. Vote Aye-5 Nay-0 PARKS AND RECREATION SYSTEM MASTER PLAN Parks Planner Paul Home gave a PowerPoint Presentation which 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} (Final Presentation One PBO 3.19.2019) Commissioner Bonitz thanked Mr. Home for the providing the document in advance to give them time to review it. He said he is ready to work on implementing it. Commissioner Foley asked if people can make donations to the Park and Rec Department for Conservation Projects. Attorney Messick said that it could be done. [ Mr. Home said a non-profit could be formed whose sole purpose is conservation matters. Commissioner Fiocco said he had hoped for a directory to know how this evolved from the previous set of comments at the worksession to help guide them and the public through its evolution. He didn't get what he was looking for in that regard and he has not read the complete document. Any guidance he could provide would help. Commissioners Fiocco commented on the size of the maps and well as the gray background within the document make legibility difficult. After much discussion a motion made by Commissioner Foley seconded by Commissioner Bonitz to approve the Park and Recreation System Master Plan as submitted. Commissioner Fiocco stated he is unable to vote in favor because he doesn't feel he understands what's in it. He had questions at the worksession and provided them to staff and he was looking for a directory to assist him with locating the changes that were made. Commissioner Farrell said he don't want to move on it if a Commissioner a question he feels the question should be addressed and this item should be tabled until the next meeting. Commissioner Baldwin said she feels if a Commissioner has a question they should have the question answered. March 25, 2019 Minutes Page 5  Vote Aye-3 Bonitz/Foley/Farrell (didn't vote counts as yes) Nay-2 Fiocco/Baldwin Mr. Home said he would still like to address Commissioner Fiocco concerns and his doors are always open. A RESOLUTION TO ADOPT THE ONE PITTSBORO PARKS AND RECREATION SYSTEM MASTER PLAN IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 43-44 NEW BUSINESS ORDINANCE REGULATING SPECIAL EVENTS IN THE TOWN OF PITTSBORO Manager Gruesbeck stated at the last meeting the Board of Commissioners amended Section 4- 101 and Section 4-102 of the Town Code of Ordinances to allow alcohol consumption on Town property during Special Events. Tonight this ordinance attempts to define "Special Events". This proposed ordinance can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567} &DE= {20A715A3-89E6-45B7-B5C9-23B 1CC40EA58} (Ordinance Regulating Special Events 03-07-19) After much discussion staff was asked to bring this back at the next meeting with changes to the ordinance to add: fortified wine, the complete Main Street Boundary; to look at adding spirits (in support of pepper fest downtown) and that First Sunday apply one time per year for the entire calendar year. A fee schedule will be worked on during the budget process. ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Farrell stated he has received a complaint about muddy water in the Murdock Subdivision. He said we may need to look into doing something about that. Commissioner Foley asked what are the two project proposed on Old Rock Springs Cemetery Road. Manager Gruesbeck said he would check into that. Commissioner Bonitz asked Manager Gruesbeck if he could circulate the memo he mentioned a few meetings ago about speed tables. Commissioner Farrell said he has received another call about East Cornwallis Street. Manager Gruesbeck said that stated the State is willing to seek control and John is working on that. Commissioner Bonitz asked about a report on the evacuation route at Powell Plan. Manager Gruesbeck showed a power point. Motion made by Commissioner Bonitz seconded by Commissioner Fiocco to take a five minutes break. Vote Aye-5 Nay-0 March 25, 2019 Minutes Page 6  Motion made by Commissioner Baldwin seconded by Commissioner Farrell to go back into r regular session. Vote Aye-5 Nay-0 Mayor Perry said at the beginning of the meeting she forgot to get a motion to go into public hearing so she asked someone to make that motion. Motion was made by Commissioner Bonitz seconded by Commissioner Foley. Vote Aye-5 CLOSED SESSION Motion made by Commissioner Bonitz seconded by Commissioner Fiocco 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 Bonitz seconded by Commissioner Fiocco to go out of closed sess10n. Vote Aye-5 Nay-0 r FYI- 1. Letter Charter Communications re: Company Name Change ADJOURNMENT Motion made by Commissioner Baldwin seconded by Commissioner Farrell to adjourn at 11 :45 p.m. Vote Aye-5 Nay-0 ATTEST: {4;uJ� Alice F. Lloyd, CMc,NCCC Town Clerk March 25, 2019 Minutes Page 7