1. Board of Commissioners (BOC)

MINUTES I TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, APRIL 22, 2019 7:00 PM Mayor Cindy S. Perry called the meeting to order, acknowledged Earth Day 2019 and called for a moment of silence. PLEDGE OF ALLEGIANCE Commissioner Jay Farrell led the Pledge of Allegiance. 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, Planner II Victoria Bailiff, Engineer Elizabeth Goodson, Finance Director Heather Meacham and Water Treatment ORC Adam Pickett. Motion was made by Commissioner Fiocco seconded by Commissioner Baldwin to approve the regular agenda as presented. Vote Aye-5 Nay-0 CONSENT AGENDA Motion made by Commissioner Bonitz seconded by Commissioner Fiocco to modify the consent agenda so that #3 be moved to new business #1 for discussion and #5 be moved to Old Business for a question. Vote Aye-5 Nay-0 Commissioner Fiocco made the following corrections to the April 8, 2019 minutes: • Pg. 4, in the motion option to approve Prelim Subdivision SUB-2018-05, please add the word "easements" after "sewer" • Pg. 8, second Commissioner Bonitz concern, replace the last word of the second sentence "this" with "diminishing local authority" • Pg. 8, Commissioner Fiocco's concern, please add the sentence "It is the most cost effective way to increase Pittsboro's sewer capacity." after the first sentence. April 22, 2019 Minutes Page 1 Motion made by Commissioner Bonitz seconded by Commissioner Fiocco to approve the consent agenda with the corrections to the April 8, 2019 minutes. The Consent Agenda contains the following items: 1. Approve Minutes of the April 8, 2019 meeting. (with corrections) 2. Approve Western Intake Partnership Memorandum of Understanding (MOU) 3. Approve Budget Ordinance Amendment for Attorney Fees. (moved to New Business # 1) 4. Approve Budget Ordinance Amendment for a new generator for Town Hall. 5. Approve Budget Ordinance Amendment for Sanford Forcemain Project. (moved to old business) 6. Accept FY 2018-2019 Financial Report as of March 31, 2019. Vote Aye-5 Nay-0 WESTERN INTAKE PARTNERSHIP MEMORANDUM OF UNDERSTANDING IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 46-54 BUDGET ORDINANCE AMENDMENT FOR A NEW GENERATOR FOR TOWN HALL IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 19 CEREMONIAL RESOLUTION IN SUPPORT OF CLEAN ENERGY Motion made by Commissioner Foley seconded by Commissioner Bonitz to approve the Resolution in Support of Clean Energy. Vote Aye-5 Nay-0 RESOLUTION OF THE TOWN OF PITTSBORO IN SUPPORT OF A LOCAL, STATE AND NATIONAL GOAL OF 100% CLEAN ENERGY BY 2040 AND THE CREATION OF GREEN JOBS IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 55-57 RESOLUTION IN SUPPORT OF THE EQUAL RIGHTS AMENDMENT Motion made by Commissioner Bonitz seconded by Commissioner Baldwin to approve the Resolution in Support of the Equal Rights Amendment. Vote Aye-5 Nay-0 April 22, 2019 Minutes Page 2  A RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE TOWN OF PITTSBORO, NORTH CAROLINA IN SUPPORT OF PASSAGE OF THE EQUAL RIGHTS AMENDMENT (ERA) IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 58-59 RESOLUTION IN SUPPORT OF EARTH DAY 2019 Motion made by Commissioner Baldwin seconded by Commissioner Foley to approve a Resolution in Support of Earth Day 2019. Vote Aye-5 Nay-0 A RESOLUTION IN SUPPORT OF EARTH DAY 2019 IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 60 EVIDENTIARY HEARING SPECIAL LAND USE REQUEST (SUP-2019-01) FOR PROPOSED COMMUNICATION TOWER AT MITCHELLS CHAPEL ROAD AND ALSTON HORTON SERVICE ROAD Motion made by Commissioner Fiocco seconded by Commissioner Bonitz to go into the Evidentiary Hearing. Vote Aye-5 Nay-0 Mayor Perry swore in everyone that was speaking at the hearing. (See public comments) [ Planner II Victoria Bailiff stated that Tillman Infrastructures is proposing the construction of a communication tower, 300 feet in height. This tower is to be located at comer of Mitchells Chapel Road and Alston Horton Service Road on parcel 68162. This parcel is in the R-A2 zoning district, where communication towers over 50 feet in height are required to obtain a special use permit. SWORN COMMENTS: Larry Perry- 11464 Stage Lane, Knoxville, Tenn. - spoke in favor of the application. He is looking toward getting 5g technology in this area. He said the tower will handle y carries with antennas. Mr. Perry is trying to let the board know the importance of getting this done if pretty fast order. Karin Kemeric - 737 Fayetteville St., Raleigh, NC - Attorney for Tillman Communications - stated prior to coming this evening she didn't think there was any opposition to the tower. She explained how they had meet all the ordinance requirements and went over the application, map of property, Justification for AT & T Mobility Site and the impact analysis of the proposed tower. Documents can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={ C2352D88-DC93-4B2B-9B33-B2800C0FBC8E} (SUP-2019-01 Tillman Communication Tower PH Documents) April 22, 2019 Minutes Page 3 Kathleen Greenlee - 172 Alston Horton Service 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= {C2352D88-DC93-4 B2B-9B3 3-B2800C0FBC8E} (Kathleen Greenlee written comments 042219) Lynn Mann- 1486 Manco Dairy Road, Pittsboro - said he is the property owner. He was approached by Tillman Communications to place a cell tower on his property and he had them move it to the middle of the property so that it would not be close to the residences. He said he is one of the last dairy farms in Chatham County and he is just trying to survive. Sidney Taylor - 106 Donald Ross Drive, Raleigh, NC - stated his family owns adjacent property and he wants to know if it will increase/decrease the property value. He said they are hoping to sell the property in the future and hope it would not decrease property value. He asked what Pittsboro is planning to do to increase property value in the area, i.e. water and sewer services. Amanda Roberson- 321 Prince Creek, Pittsboro, NC - stated towers can be very disruptive. She said she and her husband had AT&T service at their home and it is/was terrible. She said the SBA has a tower within ½ mile and it is her understanding it does have room on it. She would urge the board to check to see if the SBA tower can serve AT&T. Bob Hornick- Represents, SBA 1526 E. Franklin St., Chapel Hill, NC - Mr. Hornick presented the board with documents and went over his letter to them briefly. The documents can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-433 l -A87D- 02EC88CB5567}&DE={C2352D88-DC93-4B2B-9B33-B2800C0FBC8E} Bob Hornick documents 042219) Larry Perry said he objected to Mr. Hornick speaking. Mr. Hornick asked the board to deny this application. He said if it was in the County's jurisdiction the applicant would be required to seek co-location first. Karin Kemeric made a motion to strike Mr. Hornick's comments and information from the record. Mayor Perry said we don't go be court rulings here. Ms. Kemeric submitted the following for the record: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-433 l-A87D- 02EC88CB5567}&DE= {C2352D88-DC93-4B2B-9B33-B2800C0FBC8E} (Karin Kemeric documents 042219) Motion made by Commissioner Baldwin seconded by Commissioner Fiocco to go out of the Evidentiary Hearing. Vote Aye-5 Nay-0 PUBLIC HEARINGS April 22, 2019 Minutes Page 4  Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to go into public hearing. Vote Aye-5 Nay-0 COMMUNITY DEVELOPMENT BLOCK GRANT FOR ECONOMIC DEVELOPMENT BUILDING REUSE PROGRAM Manager Gruesbeck stated EG-GILERO, a manufacturer of medical devices, recently purchased the vacant building on Hanks Street previously occupied by Biolex. They are working with the Chatham County EDC and Town Staff to make improvements on the existing building which will allow them to expand their operations. In order to incentivize these improvements, they are proposing an application to the North Carolina Department of Commerce for a Community Development Block Grant (CDBG) for Economic Building Reuse. The Town of Pittsboro would be the applicant for the CDBG with assistance from the Chatham Economic Development Corporation (EDC). Any unit of local government who plans to apply for CDBG funding must hold two (2) public hearings before the application can be submitted. This represents the first public hearing. It is intended to gather citizen comments regarding general economic needs and desired economic development activities. PUBLIC COMMENTS: Alyssa Byrd - 964 East Street - spoke in favor of the application. She said the building has been vacant since 2013 and that a $300,000 grant was approved last week. They will create at least 60 [ jobs initially. This is a great use of an existing building. ZONING TEXT AMENDMENT (ZTA-2019-01) FOR A PROPOSED MUSIC STUDIO IN RA-2 ZONING DISTRICT Planner II Victoria Bailiff reported that Luke McMahan is requesting an amendment to the Permitted Use Table in Section 5.2.1 of the Pittsboro Zoning Ordinance. Currently the table of uses allows Vocational businesses, secretarial schools, and music or dance studios by right in Zoning districts Cl, C2, C4, Ml, M2, MUPD, and by Special Use Permit in districts O-I and R- A. The applicant is requesting that this set of uses also be allowed by Special Use Permit in zoning district R-A2. PUBLIC COMMENTS: Luke McMahan - 2411 US 64 Bus W - stated he is wanting to open a music studio on the property and is here to answer any questions the board may have. Randy Voller - 21 Randolph Court - wanted to support the application. He has worked with Luke and a high quality music studio would be helpful for all type musicians in the community. Liz Cullington - 390 Rocky Hills - stated ETJ residents have different problems with dirt roads that are governed by a restricted covenant. She asked when the board is working on the UDO April 22, 2019 Minutes Page 5 that they separate the uses - because some of them have a small amount of traffic and others like a daycare may have lots of traffic. (This was regarding upkeep for the dirt road) ZONING TEXT AMENDMENT (ZTA-2019-02) FOR DOWNTOWN OVERLAY DISTRICT SETBACKS Planner II Victoria Bailiff stated the Town of Pittsboro Board of Commissioners is requesting an amendment to the Downtown Overlay District in Section 5.9 of the Pittsboro Zoning Ordinance. The Board is requesting that language be added to the Ordinance to create a front yard and comer side yard setback requirement of Ofeet on those properties within the District which are used or zoned for Non-Residential and are located adjacent to, or across the street from properties zoned C-4. 5.9.5 Building Setbacks will read: Properties within the district which are used or zoned as non-residential and are adjacent to, or across the street from, property zoned C-4 shall be subject to the same Front Yard requirements and Comer Lots Side Yard requirements per Note 6 for properties zoned C-4 as depicted in 5.4 Table of Area, Yard and Height Requirements and 5.4.1 Notes to The Table Of Area, Yard and Height Requirements. PUBLIC COMMENTS: Randy Voller - 21 Randolph Court - Main Street Board Member - Commissioner Fiocco has brought this before the group and they viewed it favorably. He would like to go on record supporting the zoning change. ANNEXATION REQUEST (A-2019-01) SECTION 5 CHATHAM PARK WAY Planner II Victoria Bailiff stated we have received a petition for annexation from Chatham Park Investors, LLC for 17.601 acres located on Chatham Parkway. Town Clerk Alice F. Lloyd has certified the sufficiency of the petition. PUBLIC COMMENTS: None Motion was made by Commissioner Fiocco seconded by Commissioner Foley to go out of public hearing. Vote Aye-5 Nay-0 Motion made by Commissioner Bonitz seconded by Commissioner Fiocco to take a five minute break. Vote Aye-5 Nay-0 Motion made by Commissioner Bonitz seconded by Commissioner Fiocco to go back into the regular meeting. April 22, 2019 Minutes Page 6  Vote Aye-5 Nay-0 r REGULAR MEETING AGENDA CITIZENS' MATTERS Elaine Chiosso - 1076 Rock Rest Rd- Tree Protection-presented additional petition to Protect Trees and Water in Chatham Park and comments on the revised Tree Protection Element. The petition and comments can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5 567} &DE= {C23 52D88-DC93-4 B2B-9B3 3-B2800C0FBC8E} (Protect Trees in Chatham Park 042219 & written comments 042219) Martha Almond - 49 Pittsboro Elementary School Rd - PES Bridge - she wanted to speak about the flooding at the bridge again on Friday the 12th - there was a lot of erosion. She was wondering if it will change the design with the significant erosion. She wondered if the board would reconsider to put a bridge there instead of culvert and she wondered what can be done up stream. J. C. Garbutt - Chair of Grand Trees of Chatham - Tree Protection - 595 Pokeberry Lane - urged the Board to protect trees and the eco system. He asked the board to be very careful about this matter. He invited the Board to see a Film on Wednesday called "Call of the Forest" at 6:30 p.m. at St. [ Barth's. Sharon Garbutt- 595 Pokeberry Lane - stated once we destroy them we can't get them back (trees). Please consider whatever you can to protect the ecosystem. COMMISSIONER/MANAGER UPDATES Mayor Perry made an "Earth Day Challenge" for the Board and staff. That they submit their water bill for a month and the one with the lowest bill will receive a "lollipop". Mayor Perry stated that Ms. Meacham has agreed to release information about your water bill if you signed a release waiver. She asked if they were interested to let her know. Manager Gruesbeck gave a brief overview of the update he provided in the agenda packets, which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63- 433 I-A87D-02EC88CB5567}&DE={ C2352D88-DC93-4B2B-9B33-B2800C0FBC8E} (Update 4.22.19) Mayor Updates • EDC • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments April 22, 2019 Minutes Page 7  • Main Street • Climate Change • Human Relations Committee • Chatham County Arts Council OLD BUSINESS UNREGULATED CHEMICALS UPDATE Engineer Elizabeth Goodson stated staff has been working with CDM Smith on a Water Supply and Treatment Plant Expansion Study in response to the expected growth and future needs for water supply in the Town of Pittsboro. She stated CDM Smith is present to make a presentation as well as to answer questions as well as herself and Adam Pickett. Commissioner Foley stated this report is not online and asked that it be placed online as a part of the agenda packet. Commissioner Bonitz said he know it is marked draft but he would like for it to be on the website as well. Bill Dowbiggin and Reed Barton gave a PowerPoint presentation as well as the Report which can be found at: https://pittsboronc.gov/index.asp?Type= B BASIC&SEC={ 9FB4 E92E-2F63-4 331-A87D- 02EC88CB5567} &DE= {C2352D88-DC93-4B2B-9B33-B2800C0FBC8E} (Pittsboro Emerging Contaminants Draft Report 042219 and Emerging Contaminants Review Meeting Pittsboro 042219) Next Steps: Screening level pilot evaluation for selected technologies • Full life-cycle cost comparison. • If LPRO is preferred, begin work on NPDES application and design level pilot testing Key Decisions - to Chart a Path Forward • Define treatment goals for unregulated contaminants • Select an advanced treatment technology for Pittsboro's WTP • Finish Water Supply and Treatment Study (long term plan) • Pursue project funding options (USDA< SRF, WIFIA, etc.) • Begin design of WTP expansion with advance treatment. After much discussion Commissioner Bonitz asked that when they finalize the report that they include the cost for 1 mgd unit. The Board thanked them for the presentation. CHATHAM PARK PLANNED DEVELOPMENT DISTRICT-ADDITIONAL ELEMENTS: TREE PROTECTION Planning Director Jeff Jones gave a brief intro and introduced Chuck Smith and Ken Eagle. April 22, 2019 Minutes Page 8  Chatham Park Tree Protection Additional Element Documents can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567} &DE={ C2352D88-DC93-4B2B-9B33-B2800C0FBC8E} (Tree Protection Summary of 4-17-19 Revisions; Tree Protection 4-17-19 with 1-22-19 and Tree Protection 4-17- 19.) Mr. Jones said he met with Mr. Smith and Mr. Eagle this afternoon and discussed some of his concerns. (Definitions and how to measure trees) There was much discussion about the caliper and dbh. Mr. Smith said the definition being used came from the American Nursery Standard dictionary. Definition of Single Family Development be further explained to include (such as one dwelling, duplex or triplex, townhome or condominium) There was a discussion of changes to the documents. Commissioner Foley stated she would still like to see some type of special requirements for the property within the 2000 feet buffer along the Haw River. They should be seen as stewards of the river. She would not like to see any clear cutting and no flattening of the land. Mr. Smith said standards the town require to build streets would not meet that requirement. Commissioner Bonitz said he would like to see some language written for the HOA in the Haw r River 2,000 feet buffer that requires keeping of more trees. Commissioner Fiocco made the following observations to the newly revised Tree Protection Element to the clean version. Page 3 - # - Lot. - delete "." Page 6 - foot note change "iii" to "ii" Page 8 - # 3 after riparian buffer "add if when added together meet the minimum dimensional standards" Page 9 - Section 9 - # 1 after as applicable, add "shall be" Page 10 - Change # 3 to "# 1" Page 10 - Change # 1 to "#2" and after shall be, add "included with specimen tree survey submitted with plan" Page 11 - #2 last line - remove "in" Page 10 - Change #2 to "#3" Mayor Perry stated to avoid Chatham Park - Additional Elements: Tree Protection from being so late on the agenda at the next meeting that a worksession be held at 6:00 on the Tree Element. The board agreed to have a worksession beginning at 6:00 pm at the next Board Meeting on May 13, 2019. BUDGET ORDINANCE AMENDMENT FOR SANFORD FORCEMAIN PROJECT April 22, 2019 Minutes Page 9 Commissioner Bonitz wanted to ask Attorney Messick about the language for "easements". There was a discussion about connectivity to greenways. Attorney Messick said easements are more appropriate for sewer lines. Commissioner Bonitz said it would be terrific if the easements would allow access to our southern park (Rock Ridge) at a minimum. Attorney Messick said the budget amendment is to pay for the easements. Motion made by Commissioner Bonitz seconded by Commissioner Farrell to approve the Budget Ordinance Amendment for Sanford Forcemain Project. Vote Aye-5 Nay-0 AN ORDINANCE AMENDING THE CAPITAL PROJECT BUDGET FOR SANFORD FORCEMAIN PROJECT IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 20-21 NEW BUSINESS BUDGET ORDINANCE AMENDMENT FOR ATTORNEY FEES Commissioner Bonitz made a motion that since item regards ligation it be placed on the May 13, 2019 agenda as a closed session for conversation, seconded by Commissioner Foley. Vote Aye-5 Nay-0 ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Foley said she was contacted by someone from the Presbyterian Church- they are putting in a wheelchair ramp and he contractor is ready to do it and they need approval from the Town. Ms. Goodson said she will take care of it. Commissioner Fiocco said he wanted to mention the traffic light at Northwood High School has a delay for cross traffic most of the time no one is there. Ms. Goodson said she would address that issue with NCDOT. Commissioner Fiocco said moss is growing at Page Vernon Park and the drain is clogged. Commissioner Fiocco said he would like to get updates on the Western Intake Partnership meetings. Ms. Goodson said she will be reporting back to the Board. Commissioner Fiocco said the street sign kiosk (concrete monuments) need some work. Commissioner Bonitz asked Ms. Goodson to ask NCDOT about the erosion on the r-o-w of 15/501/64 at the NE Comer on the left. April 22, 2019 Minutes Page 10  Commissioner Bonitz thanked staff for the worksession on new town hall. Commissioner Bonitz stated he wanted to know by motion how the board felt about solar on the new town hall. After discussion a motion was made by Commissioner Bonitz seconded by Commissioner Fiocco to have maximum cost effective solar and that the Board understands its payback period. Vote Aye-5 Nay-0 ADJOURNMENT Motion made by Commissioner Fiocco seconded by Commissioner Farrell to adjourn at 12:15 am. Vote Aye-5 Nay-0 ~ l ~~-- Cdy S. Perry,Mayo ATTEST: [ ~ J,.d(~ Alice F. Lloyd, CMC, NCCMC Town Clerk April 22, 2019 Minutes Page 11