1. Board of Commissioners (BOC)

MINUTES ' TOWN OF PITTSBORO BOARD OF COMMISSIONERS I TUESDAY, MAY 28, 2019 REGULAR MEETING 7:00 PM Mayor Cindy S. Perry called the meeting to order and asked all Veterans in attendance to please stand to be recognized (there were none in attendance). Mayor Perry 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., Chief of Police Percy Crutchfield, Planning Director Jeff Jones and Planner II Victoria Bailiff. I CONSENT AGENDA Commissioner Bonitz requested that Consent Agenda #2 be removed to Old Business #1. Corrections to the May 13, 2019 minutes as follows: Page 1 - 7th Paragraph - first line add "his" after said it was 2nd line add after meeting "thinking" 3rd line add after He feels "the" Page 2- Add - 22 - Page number for Ordinance Page 4- Under Chatham Park - Tree Element 3rd bullet add "the Landscape Element" after with Also, need to add page numbers to ordinances and resolutions as follows: Page 6- 4th paragraph add "61" I 6th paragraph add "23-24" 10th paragraph add "25-29" May 28, 2019 Minutes Page 1 Page 7- 4th paragraph add "62" 6th paragraph add "30-31" Motion made by Commissioner Baldwin seconded by Commissioner Foley to approved the regular and consent agenda with the corrections/changes listed above. The Consent Agenda contains the following items: 1. Approve Minutes of the May 13, 2019 meeting. (with corrections) 2. Set Public Hearing to Amend Chatham Park Planned District Development (PDD) Open Space Additional Element. (Moved to Old Business #1) 3. Approve Resolution Authorizing the Sale of Surplus Items. 4. Accept FY 2018-2019 Financial Report as of April 30, 2019. Vote Aye-5 Nay-0 A RESOLUTION BY THE BOARD OF COMMISSIONERS OF THE TOWN OF PITTSBORO, NORTH CAROLINA AUTHORIZING SALE OF SURPLUS ITEMS IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 63-64 PUBLIC HEARINGS Motion made by Commissioner Fiocco seconded by Commissioner Foley to go into public hearings. Vote Aye-5 Nay-0 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FOR BUILDING REUSE APPLICATION FOR EG GILERO IMPROVEMENTS Manager Gruesbeck stated that EG-GILERO, a manufacturer of medical devices, recently purchased the vacant building on the corner of Fayetteville Street and 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 project is requesting $300,000 in CDBG funding in consideration of a $4,566,800 project value. EG-GILERO is pledging to create 19 additional jobs by June 20, 2021. Later in the meeting the Board will need to approve a the Resolution which authorizes the CDBG application, the Application Summary, Certifications Regarding Debarment, Disclosure Report and Legally Binding Commitment. May 28, 2019 Minutes Page 2  PUBLIC COMMENTS: None Commissioner Fiocco stated he noticed the agreement l(a) in reference to failure to perform that payment will be made to Department of Commerce and 2(a) states payment will be made to the applicant. He thinks that should be cleaned up. Commissioner Fiocco asked how the money will flow. Alyssa Byrd said it is her understanding that is up to the town. REZONING REQUEST (REZ-2018-03) FOR 196 HILLSBORO STREET Planner II Victoria Bailiff reported that property owner Dan Deacon is proposing to rezone approximately 0.5 acres, located at 196 Hillsboro Street, from R-12 (Medium Density Residential) to OI - CZ (Office and Institutional - Conditional Zoning District). The rezoning does not encompass the entirety of parcel 7817, it only includes the western 0.5 acre. Staff finds this property to be in a suitable location for Office and Institutional Conditional Zoning District as it is positioned between properties currently zoned for Medium Density Residential, Highway Commercial, and Office and Institutional. Due to the property's compatibility with surrounding uses and the proposal's consistency with the Future Land Use Plan, Staff is recommending approval. [ PUBLIC COMMENTS: Walter Harris - 281 Hillsboro Street- stated he previously served on the Planning Board when the current zone was placed on this property and a lot of consideration was given to keeping the historical neighborhood atmosphere. He stated he is concerned about changing the zoning and would urge the Board to not change it but to maintain the integrity of zoning in place. Steve Cockman - 217 Hillsboro Street- he and his wife live directly across from the property. Mr. Cockman said he attended the informational meeting Mr. Deacon held and is impressed that he is going to redo the historical house. But, he feels the zoning should stay as it is. Liz Cullington- 390 Rocky Hills Road- said several years ago a rezoning was requested for the property for O & I and it was turned down. She is concerned that we will lose this house if this doesn't go through. She feels a conditional use zoning is good. Mark Ashness - CE Group - Mr. Ashness said Dan Deacon is present as well tonight. He wanted to mention that they are pulling traffic off Hillsboro Street by putting parking in the back. REZONING REQUEST (REZ-2019-03) 2537 US 64 BUSINESS WEST Planner II Victoria Bailiff reported that John and Denise Mitarotondo are proposing to rezone approximately 45.91 acres, located at 2537 US 64 Business West, from R-A2 (Residential Agricultural - 2 Acres) to R-A (Residential Agricultural). May 28, 2019 Minutes Page 3 Staff finds this property to be in a suitable location for Residential Agriculture and recommends approval of the proposed amendment as it is consistent with the Future Land Use Plan. PUBLIC COMMENTS: Mark Ashness said the property owners are present tonight. FY 2019-2020 ANNUAL OPERATING BUDGET Manager Gruesbeck stated the FY 2019-2020 Annual Budget was distributed to the Board on May 13, 2019. Copies of the document, with the Budget Message, have been available to the public in the Town Hall lobby and on the Town website since that date. The required Public Hearing has been duly noticed. Our Finance Director is out of the state for the Public Hearing, Manager Gruesbeck said he would prefer that in-depth Board discussion of the document occur during our regular meeting scheduled for June 10, 2019. This budget is not final - it may be edited based on the board's input, but it must be approved by July 1, 2019. PUBLIC COMMENTS: NONE Motion made by Commissioner Foley seconded by Commissioner Fiocco to go out of public hearing. Vote Aye-5 Nay-0 REGULAR MEETING AGENDA CITIZENS' MATTERS Elaine Chiosso said she strongly supports banning herbicides and read a prepared statement on behalf of the Haw River Assembly, it can be found at: https://pittsboronc.gov/index.asp?Type= B BASIC&SEC={ 9FB4 E92E-2F63-43 31-A87D- 02EC88CB5567} &DE= {6F 1ED305-F489-4338-8A25-F209DD99DE 1C} (Tree Element HRA Comments 5-28-2019) J. C. Garbutt asked the board to be wise and require more tree protection. Debbie Tunnell 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={6F1ED305-F489-4338-8A25-F209DD99DE1C} (Written comments from Debbie Tunnell 052819) David DelVecchco - 600 East Rd- echoed what Debbie said and mentioned the Solar Farm Advertisement Chatham Park had in the newspaper. May 28, 2019 Minutes Page 4  COMMISSIONER/MANAGER UPDATES Manager Gruesbeck gave a briefing of the update he submitted with the agenda packet. It can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331- A87D-02EC88CB5567}&DE={ 6F1ED305-F489-4338-8A25-F209DD99DE1C} (Updates 5.28.19) Mayor Updates - Mayor Perry stated she attended a Triangle J meeting and they spoke very highly of our Mayor Pro Tern Baldwin. They are having a Stormwater meeting on June 18, 2019 at 8:30 am@Chatham Park Office and a Regional Summit will be held on October 10, 2019. • EDC • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments • Main Street - Commissioner Fiocco said the Farm to Table event was wonderfully successful. • Climate Change • Human Relations Committee • Chatham County Arts Council - Commissioner Foley said the Arts Council is meeting right now. The Main Street Event was a great event and had great community participation. OLD BUSINESS [ SET PUBLIC HEARING FOR OPEN SPACE ELEMENT AMENDMENT Commissioner Bonitz stated he asked that this be pulled because it seems there has been a change in the process of how things has been done in the past. He asked Mr. Jones is that correct. Mr. Jones said this is advertised like normal ordinance amendments. But it is different that it will go to the Planning Board before the Public Hearing. The amendment only covers the proposed language that was approved at the last Board of Commissioners meeting. Commissioner Bonitz said he would save his questions for the public hearing. After discussion a motion was made by Commissioner Bonitz seconded by Commissioner Fiocco to set the Public Hearing for June 10, 2019 at 7:00 PM. Vote Aye-5 Nay-0 RESOLUTION TO APPROVE THE TOWN OF PITTSBORO APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDING FOR THE EG- GILERO BUILDING RENOVATION PROJECT May 28, 2019 Minutes Page 5 Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to approve the Resolution and authorize the Mayor signatures on Debarment Certification, Disclosure Report, Commitment and Application (with change to Commitment Agreement IA to say "applicant" instead of DOC. Manager Gruesbeck said 1A in the legally binding Agreement should say reimbursement will be payable to the applicant which would be the Town. Vote Aye-5 Nay-0 A RESOLUTION FOR THE TOWN OF PITTSBORO APPLICATION FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING FOR THE EG-GILERO BUILDING RENOVATION CDBG PROJECT WITH APPLICATION AND DOCUMENTS IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 65-79 CHATHAM PARK PLANNED DISTRICT DEVELOPMENT-ADDITIONAL ELEMENTS: TREE PROTECTION Planner Jeff Jones reported that Chatham Park has revised the Tree Protection Element to address comments that staff and the Board has provided during the last several meetings. Outside of requested changes either by staff or the Town Board, Chatham Park has added a definition of "Force Majeure", which attempts to give clear guidelines on when a tree is daniage or dies is to be replanted. The Element defines Force Majeure as an event outside of human control, such as disease or other natural causes or a natural disaster including, without limitation, fire, flood, earthquake, hurricane, or tornado. Staff is satisfied with the revised Draft and is recommending approval of the Tree Protection Element as submitted. Commissioner Bonitz submitted the following: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 9FB4E92E-2F63-4 331-A87D- 02EC88CB5567 }&DE= {6F 1ED305-F489-4338-8A25-F209DD99DE 1C} (Commissioner Bonitz handout 052819) After much discussion the following were items the board agreed needed to be addressed/answered. • Section 1 and Section 6 - change the word "encourage" to "require" • Section 8 - (timber harvesting) add - speak with Attorney Messick/Commissioner Fiocco/Commissioner Foley about what the language will be within state law. They cannot go outside of state law. • Check to see if Special Assessment District funds can be used to replace trees damaged by fire or nature disaster. • Add table #3 "Land within 2,000 feet of Haw River" • Definition for TCPA size limitation - no TCP A shall be larger than any Section or Village Center identified in a Small Area Plan May 28, 2019 Minutes Page 6  RECESS Motion made by Commissioner Bonitz seconded by Commissioner Fiocco to take a five minutes recess. Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to go back into regular session. Vote Aye-5 Nay-0 RESOLUTION TO APPROVE THE CAPACITY FEE PAYMENT SCHEDULE Manager Gruesbeck reported that the Town and the City of Sanford entered into an agreement to reserve 2.0 MGD of wastewater treatment capacity for the Town of Pittsboro ("Wastewater Treatment and Capacity Reservation Contract"). In consideration of this reservation, the Town agreed to pay a proportionate share of the cost of Sanford's long-term debt associated with the Sanford's waste water facility ("Capacity Fee"). The Contract identified the need to negotiate a Capacity Fee payment schedule to be included as "Exhibit C". A year following the agreement with the City of Sanford, the Town of Pittsboro executed an agreement ("Wastewater Capacity Reservation Agreement") with Chatham Park Investors (CPI) to share the payment responsibility for paying Sanford's long-term debt. Following this Agreement, the Town, CPI and the City of Sanford developed a Capacity Fee repayment [ schedule. Once approved, the Capacity Fee Schedule will be included in the Wastewater Treatment and Capacity Reservation Contract as Exhibit C. Attorney Messick stated that Chatham Park would be making the payment to the Town. After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Baldwin to approve A Resolution Approving the Sanford Wastewater Capacity Fee Payment Schedule. Vote Aye-5 Nay-0 A RESOLUTION APPROVING THE SANFORD WASTEWATER CAPACITY FEE PAYMENT SCHEDULE IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 80-82 DRAFT SPEED BUMP/TRAFFIC CALMING Manager Gruesbeck reported that at the previous regular Board meeting held on May 13, 2019, Commissioner Bonitz requested that this issue be redistributed and placed on the Agenda. He has provided the original memorandum from 2014 as well as the minutes and the draft policy. In the time since this draft was initially discussed, he might consider adding a couple of additional items to strengthen the process: 1) require a petition of area residents to show support for a possible speed calming device. Neighboring residents will be the vehicles traveling over the May 28, 2019 Minutes Page 7 speed bumps more often than pass-through traffic. As a result, it is important to have their input; 2) be more explicit on the use of a special assessment or cost-sharing mechanism to recoup the costs of the traffic calming device. The benefits (if any) are largely localized to adjacent neighborhood. There was a discussion that speed limit signs may help. Commissioner Bonitz said he appreciates this as a first draft. Commissioner Fiocco asked what does area residents mean. He asked the Planning Dept. to define. Commissioner Foley said she feels we should have a petition before it is investigated. Commissioner Baldwin said she would like to see other options available other than speed tables. POWELL PLACE AL TERNATE EMERGENCY EXIT/ENTRANCE Manager Gruesbeck said in order to connect an emergency exit from Millbrook Drive to Old Graham Road, the following would need to happen: 1. The Town and emergency services would need to evaluate whether the property discussed is suitable to allow access. In other words, can emergency vehicles access and the existing roads? If not, the Town would need to assess what improvements would be necessary to create passable road conditions for emergency vehicles. 2. If the concerns above can be reasonably resolved, private property owners would need to allow access across their property. This access could be granted in the form of an easement. 3. The Town would need to clearly define what type of access (emergency or otherwise) would be permitted on the easement. If it is emergency access only - as currently discussed - then a suitable chain or gate device must also be installed at the Millbrook Drive terminus. The Town Attorney has also suggested in a previous email that any negotiated easement should favor the Powell Place HOA and not the Town. Commissioner Bonitz said he has always thought of it as an evacuation route because of the natural gas leak and they had no way to get out. The Town approved the development with only one way out and he hopes we have learned from it. Attorney Messick said there are others with one entrance/exit as well. Attorney Messick said it is okay for staff to visit the property and talk with the property owners but spending money is different. The town does not have authority to spend money for streets outside of town. Mayor Perry asked about the Town liability. Attorney Messick said the Town could prohibit parking on both sides of the street. May 28, 2019 Minutes Page 8  Commissioner Bonitz asked about the town's liability. Attorney Messick said as long as you I don't create something to impede the flow of traffic we would not be liable. Commissioner Foley said maybe the property owners would want to connect to Millbrook if they were given the option. Commissioner Bonitz made a motion to table the matter seconded by Commissioner Foley. Vote Aye-5 Nay-0 NEW BUSINESS - None Scheduled BOARD DIRECTIVES HERBICIDE BAN There was a discussion on coming up with other alternatives and resources. After which the resolution should be rewritten. This matter is to be placed on the next agenda. BAN PLASTIC BAGS Mayor Perry withdrew this item because of the late hour. f ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Fiocco mentioned that doing the break Chatham Park mentioned if the Tree Element could be passed subject to satisfactory language on the five items discussed tonight. He doesn't have a problem doing that. Motion made by Commissioner Fiocco to approve the Chatham Park Tree Element pending satisfactory language on the five (5) issues brought up tonight, seconded by Commissioner Farrell. Commissioner Bonitz stated we have had a situation like this in the past and they brought back language that was not discussed. He have no intention of bringing up anything else. Had a good discussion today. But he cannot support voting for this without seeing language in writing. Vote Aye-3 Fiocco/Farrell/Baldwin Nay-2 Bonitz/Foley Commissioner Bonitz asked when the final CDM Smith report will be delivered. Manager Gruesbeck said it should be soon. Commissioner Bonitz asked about the street light removal request from a resident on Oakwood Drive. May 28, 2019 Minutes Page 9  CLOSED SESSION Motion made by Commissioner Fiocco seconded by Commissioner Bonitz 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 ADJOURNMENT Motion made by Commissioner Fiocco seconded by Commissioner Farrell to adjourn at 12:25 a.m. Vote Aye-5 Nay-0 ~~ J .P~ CindyS.~y ,Mayor Q ATTEST: Alice F. Lloyd, CMC, NCCMC Town Clerk May 28, 2019 Minutes Page 10