1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS MONDAY,JUNE 10,2019 REGULAR MEETING 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 Jay Farrell. Mayor Perry stated she feels when it gets late tempers get short and she doesn't think we do our best work for the Town or citizens. So, at 10 and 11 if necessary tonight the board will pause to review where we are at what we have done and what remains the board can reevaluate the agenda in light of where we have gotten to. She will refer to the next agenda the two items she has under "Board Directives" if needed. Mayor Perry reminded individuals to please take their conversations down the hall it is hard enough to hear under ordinary circumstances. Please come to the podium and speak loud and clearly into the microphone. ATTENDANCE r 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., Captain Troy Roberson, Planning Director Jeff Jones, Finance Director Heather Meachman, Planner II Victoria Bailiff and Engineer Elizabeth Goodson. Motion made by Commissioner Baldwin seconded by Commissioner Foley to approve the regular agenda as submitted. Vote Aye-5 Nay-0 CONSENT AGENDA Motion made by Commissioner Fiocco seconded by Commissioner Bonitz to approve the consent agenda as submitted. The Consent Agenda contains the following items: 1. Approve Minutes of the May 28, 2019 meeting. 2. Approve Budget Ordinance Amendment for Attorney Fees. 3. Approve resolution to request NCDOT to relinquish control of a section of East Cornwallis Street (SR 1950). June 10, 2019 Minutes Page 1 4. Set Public Hearing for Annexation Request (A-2019-02) from Chatham Concrete, LLC for June 24, 2019 at 7:00 pm. 5. Approve Ordinance Declaring Road Closure for Pittsboro Summer Festival. Vote Aye-5 Nay-0 AN ORDINANCE AMENDING THE FY 2018-2019 OPERATING BUDGET IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 32 A RESOLUTION TO NCDOT TO RELINQUISH CONTROL OF A SECTION OF EAST CORNWALLIS STREEST (SR 1950) IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 83-84 AN ORDINANCE DECLARING ROAD CLOSURE FOR PITTSBORO SUMMER FESTIVAL IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 33 PUBLIC HEARING CHATHAM PARK PLANNED DISTRICT DEVELOPMENT (PDD) ADDITIONAL ELEMENT OPEN SPACE AMENDMENT Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to go into public hearing. Vote Aye-5 Nay-0 Planning Director Jeff Jones stated that Chatham Park has applied for an amendment to the Open Space Element, per the agreement between Chatham Park, the State, and the Town. This application will follow the sequence to decision. The proposed language that is consistent with the agreement. No other changes or amendments are proposed at this time. Proposed amendments to Chatham Park Open Space Element can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={69E55D6B-BFBD-41CA-BA1 l-0D96835F9879} (CP Open Space Proposed Amendments Documents) Joy Hewitt- 3069 Silk Hope Gum Springs 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={ 69E55D6B-BFBD-41 CA-BA1 l-0D96835F9879} (CP open space hearing Hewett comments 061019) Elaine Chiosso - 1076 Rock Rest Road spoke on behalf of Haw River Assembly and 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={ 69E55D6B-BFBD-4 l CA-BA1 l-0D96835F9879} (HRA Comments on Amendments to the Open Space Element 061019) June 10, 2019 Minutes Page 2  Liz Cullington - 390 Rocky Hills 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={69E55D6B-BFBD-41CA-BA1 l-0D96835F9879} (Cullington Oral Comments Open Space 061019 and Cullington Open Space handout 061019) J.C. Garbutt- 595 Pokeberry Lane - the purpose of the open space element is to protect open spaces and land that has special significance. Need to protect our natural capital. Like he said before be bold and wise and require protection of these significant natural resources. Motion made by Commissioner Foley seconded by Commissioner Fiocco to go out of public hearing. Vote Aye-5 Nay-0 Commissioner Farrell said he understood the Planning Board approved this. He asked did they have any questions/comments. Mr. Jones said no, staff had expressed the changes were in the agreement approved by the Board of Commissioners. Mr. Jones said they heard some things tonight they will be able to respond to at the next meeting. REGULAR MEETING AGENDA CITIZENS' MATTERS Elaine Chiosso - 1076 Rock Rest Road- read a prepared statement into the record. It can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-433 l- A87D-02EC88CB5567}&DE={69E55D6B-BFBD-41CA-BA11-0D96835F9879} (HRA Comments on revisions to Tree Protection Element 061019) COMMISSIONER/MANAGER UPDATES Manager Gruesbeck gave an overview of the updates submitted in the agenda packet. They can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331- A87D-02EC88CB5567}&DE={ 69E55D6B-BFBD-41 CA-BA11-0D96835F9879} (Updates 6.10.19) Commissioner Bonitz stated he was wondering if staff could reach to the Postmaster about attending the 15-501 Widening Project Officials briefing. He has heard from constituents about whether mail will be delivered one side or both sides of the road. Mayor Updates - Mayor Perry stated she serves as an alternate on the TARPO Board representing the Town of Pittsboro. This year will be the year for the Town to be a voting member. She is asking for someone to replace her. Commissioner Fiocco has expressed an interest and she wondered if anyone else was interested. Commissioner Bonitz said he was interested, but could not make any commitment tonight. Mayor said we will hold off until next meeting. June 10, 2019 Minutes Page 3 Mayor Perry said the Board had a little contest among themselves to see who would have the lowest water consumption for a month. She was pleased to announce that Commissioner Bonitz was the winner. She said the consumption amount was divided by the number of residents. Commissioner Bonitz gave thanks to his wife for the water efficient appliances she purchased. • EDC • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments - Commissioner Baldwin stated the Chatham County Affordable Housing Committee will be meeting on June 13, 2019 at 7:00 at the Siler City Library. She attended the TJCOG meeting and passed out information for the board to read at their leisure. • Main Street-Commissioner Fiocco stated Summerfest is July 7, 2019, NCDOT has begun locating utilities around the circle, they have received a lot of fac;ade grant applications, looking at placing a little library at Vernon Page Park and making improvements to the Rain Garden downtown. Commissioner Foley asked if he had any idea about how much was raised at the Farm to Table Event. He stated approximately $15,000. She asked would they have it again next year and he said yes. • Climate Change • Human Relations Committee • Chatham County Arts Council - Commissioner Foley said the Arts Council meeting is tomorrow evening. Manager Gruesbeck stated he forgot to mention upcoming meeting which are: July 22, 2019 - Chatham Park Master Utility Plan August 12, 2019- Water Supply and Plant Expansion Study (CDM Smith) August 26, 2019 - Sewer Assessment Management Plan Manager Gruesbeck said he would like to try to schedule a utility workshop sometime during the summer. OLD BUSINESS CHATHAM PARK PLANNED DISTRICT DEVELOPMENT-ADDITIONAL ELEMENTS: TREE PROTECTION Planning Director Jeff Jones stated Chatham Park has revised the Tree Protection Element to address the five remaining items that the Board asked Chatham Park to rewrite or add to the Element. Included in the packet was a memo prepared by Pope Flynn, LLC for Chatham Park that addresses the questions regarding the Special Assessment District and the use of those fund to replant trees in the event of a tree dying or being destroyed. This memo can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- June 10, 2019 Minutes Page 4  02EC88CB5567}&DE={69E55D6B-BFBD-41CA-BAI 1-0D96835F9879} (CP Tree Protection Element BOC 6.10.19 Documents) Mr. Jones said staff has reviewed the changes and the proposed language is consistent with discussion the Board had during the last meeting and is recommending approval. Mayor Perry asked about Section 8 #4. Mr. Jones said that was the item the Board authorized Commissioner Foley, Fiocco and the Attorney's to come up with the language. Commissioner Fiocco explained it. Commissioner Foley said she would like it all to be five years. Ken Eagle passed out a new Attachment # I and explained the changes. Commissioner Bonitz said he appreciates Commissioner Fiocco and Foley language on Forestry Management Practice but it is still confusing to him. Specific Tree Coverage Standard for Land within 2,000 feet of Haw River Discussion Commissioner Foley said she would like to see the percentage higher than 35% maybe 40 or 50% Commissioner Bonitz said he supports that. After much discussion on Specific Tree Coverage Standard for Land within 2,000 feet of the Haw River. Motion was made by Commissioner Fiocco seconded by Commissioner Baldwin to [ set the percentage at 35%. Vote Aye-3 Baldwin/Farrell/Fiocco Nay-2 Bonitz/Foley After much discussion on the five (5) requested changes a motion was made by Commissioner Fiocco seconded by Commissioner Farrell to approve the Chatham Park Additional Element - Tree Protection with the following modifications: that Section 8(4) shall read "The Town shall (i) refuse to issue a zoning compliance permit, (ii) deny a building permit, and (iii) refuse to approve a site plan or subdivision plan for a period of five (5) years after the completion of a timber harvest if the harvest results in the removal of all or substantially all of the trees that were protected under Town regulations governing development from the tract of land for which the permit or approval is sought, which would constitute a willful violation of the Town regulations. For the purposes of this paragraph: (a) "trees that were protected under Town regulations" are Existing Trees; and (b )"removal of all or substantially all of the trees" is removal of Existing Trees that results in Existing Trees remaining on an individual development site or within a TCPA being less than the percentage of the individual development site or TCP A required to satisfy the TCA requirements of this Element solely with Existing Trees. Provided, however, with the approval of the Board of Commissioners, the foregoing time periods for refusing to issue a zoning compliance permit or denying a building permit or refusing to approve a site plan or subdivision plan may be reduced or waived" and Section 4 #d add to the end:"The vegetative setback will be shown on the plats of each lot." June 10, 2019 Minutes Page 5 Commissioner Foley said she appreciates all the changes Chatham Park has made but she would like greater tree protection within the 2000' buffer of the Haw River and that will prevent her from voting in favor of this. Commissioner Bonitz said he agrees with Commissioner Foley and would like to add that because of the lack of measurable TCPA definition he can't support this. Vote Aye-3 Baldwin/Farrell/Fiocco Nay-2 Bonitz/Foley A RESOLUTION APPROVING CERTAIN ADDITIONAL ELEMENTS TO THE CHATHAM PARK PLANNED DEVELOPMENT DISTRICT MASTER PLAN (TREE PROTECTION) (CPMA-2016-06) IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 85-101 REZONING REQUEST (REZ-2018-03) FOR 196 HILLSBORO STREET Planner II Victoria Bailiff reported that Dan Deacon is proposing to rezone approximately 0.5 acres, located at 196 Hillsboro Street, from R-12 (Medium Density Residential) to 01 - 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. Ms. Bailiff stated the Planning Board discussed the plan in detail. The Board showed concern mostly regarding the generalized nature of the proposed uses, other concerns voiced regarded signage, business hours, access of Hillsboro Street. The Board debated the trade-offs of approving non-residential uses in this location or denying the rezoning and possibly losing a historic structure. In a vote of 6-0 the Board found that the request was consistent with the Future Land Use Plan. The Planning Board recommended to approve (5-1) the proposed rezoning at its meeting on June 3, 2019 with additional conditions with the removal of uses 4, 7, and 9 as listed on the proposed plan and the addition of a condition to limit operating hours to normal business hours. The one dissenting vote wished to recommend adding further conditions such as impervious surface restrictions, removing the loading space off Hillsboro Street and mandating the restoration of the structure to Historic Preservation standards. Ms. Bailiff stated that 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. Mark Ashness stated that Dan Deacon had a previous commitment for tonight and is out of town. Mayor Perry asked if Mr. Deacon was in agreement with the Planning Boards recommendations. Mr. Ashness said he was not and asked that it be tabled until he could be here if there were and questions/concerns. June 10, 2019 Minutes Page 6 Mayor Perry said she also questions beauty and barber shops because of the volume of traffic they generate. Commissioner Fiocco said he is glad to see the existing structure being refurbished and to see the driveway not coming off Hillsboro Street. He said he has always wondered what "#9. Service establishments, professional and personal services not otherwise listed" is, he would like staff to come up with a list. He also had a concern about illuminated signage and changeable copy signage in the Historical District. Ms. Bailiff said it is not allowable. Commissioner Foley stated she feels if this doesn't happen the house will be lost. Commissioner Farrell said a few years ago the board talked about keeping this area residential. He is not in support of this at this time. The Board spoke about how important it was to keep Hillsboro Street residential. Commissioner Baldwin said she would prefer that it is residential but she likes the plan. Commissioner Bonitz said he remembers that discussion. He feels reassured that the historical nature on the house will remain and that reassures him about this project. After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Foley to table this matter until next meeting. Vote Aye-5 Nay-0 REZONING REQUEST (REZ-2019-03) FOR 2357 US 64 BUSINESS WEST Planner II Victoria Bailiff reported that property owners 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). She stated that 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. The Planning Board discussed the differences between zoning districts R-A and R-A2. In a vote of 6-0 the Board found that the request was consistent with the Future Land Use Plan and subsequently recommended approval of the rezoning request. Mark Ashness answered questions on behalf of the property owners. Motion made by Commissioner Foley seconded by Commissioner Baldwin to approve the Consistency Statement for REZ-2019-03. Vote Aye-5 Nay-0 Motion made by Commissioner Foley seconded by Commissioner Bonitz to approve REZ-2019- 03 - 2357 US 64 Business West. Vote Aye-5 Nay-0 June 10, 2019 Minutes Page 7 A RESOLUTION ADOPTING A CONSISTENCY STATEMENT FOR AN AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO FOR 2357 US 64 BUSINESS WEST (MIT ARATONDO PROPERTY) IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 102 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO FOR 2537 US 64 BUSINESS WEST (MITAROTONDO PROPERTY) REZ- 2019-03 IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 34- 36 EMERGING CONTAMINANTS Ms. Goodson stated staff has been working with CDM Smith on a Water Supply and Treatment Plant Expansion Study for future needs for water supply in the Town of Pittsboro. In response to the Town Board's request they pulled out the portion of the project associated with the evaluation of emerging containments and expedited it to provide the town recommendations and feedback on this concern sooner. A draft report was provided along with a presentation at the April 22, 2019 meeting. At this time, the final memo has been received from CDM Smith and is being shared with the board. The remainder of the Water Supply and Treatment Plant Expansion Study is still underway. We anticipate that the full report will be ready to present to the Board in August. Study can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-433 l-A87D- 02EC88CB5567}&DE={ 69E55D6B-BFBD-4 l CA-BA11 -0D96835F9879} (CDM Smith - Pittsboro Emg Cont Memo 5-29-19 Final) It is staffs understanding that the board has a desire to continue to explore the options available to address emerging contaminants with our future water supply and treatment plant analysis. If the board would like to move forward with pilot testing in order to obtain more accurate expected Operations and Maintenance cost prior to the August, staff can bring back a cost estimate and timeline for that work before August. Commissioner Fiocco said he would like to receive a recommendation from the experts. Commissioner Bonitz said he is not comfortable moving forward with pilot testing right now. After discussion Ms. Goodson stated she will bring a full report to the Board in August. CHATHAM PARK RECLAIMED WATER SERVICE AREA Engineer Elizabeth Goodson gave an overview of the memo she prepared for the agenda packet: The Chatham Park Master Plan adopted in 2015 included general information about all utilities anticipated for the project (water, wastewater, reclaimed water) and the major needs for infrastructure. Reclaimed water was highlighted as a beneficial tool to help reduce the discharge of sewer and reduce the potable water demands. In recent months, we have entered into a more detailed master planning of the utilities needed within the North Village. Chatham Park has submitted Master Utility Plans for each of the 3 June 10, 2019 Minutes Page 8  town utilities and these reports are currently under review by the Town. Through this process, it has become evident that the amount of reclaimed water that can be produced in the North Village at the decentralized plant will not equal the original estimated demand to serve all of the North Village. Chatham Park has proposed a more defined service area to provide reclaimed water to the uses that are the best fit for this utility which include areas where non-residential uses will be built and portions of residential where irrigation will be likely. With the additional detail that is known at this time, staff asked that Chatham Park provide a memo summarizing this change to inform the board and provide an update. Chatham Park is still committed to providing reclaimed water throughout the project and at this time, this refined service area only affects the North Village. As further evaluations and design are completed for the remainder of the PDD, this will be considered for those areas further. The Board agreed a Utility Workshop was needed to discuss these issues. After much discussion Ms. Goodson stated it is her understanding that: • Want to schedule a workshop (July) • Want to accommodate the immediate need - they can further model to get better understanding of Thompson Street and Wendover and isolate that component. • That she can work with the Master Plan. RECESS Motion made by Commissioner Foley seconded by Commissioner Foley to take a five minute I recess, Vote Aye-5 Nay-0 Motion made by Commissioner Farrell seconded by Commissioner Fiocco to go back into regular session. Vote Aye-5 Nay-0 FY 2019-2020 ANNUAL BUDGET OVERVIEW Manager Gruesbeck gave a PowerPoint presentation on the FY 2019-2020 Proposed Budget. It can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63- 4331-A87D-02EC88CB5567}&DE={69E55D6B-BFBD-41CA-BA11-0D96835F9879} (Proposed Budget FY 2019-2020 Proposed Budget 6.10.19) Manager Gruesbeck said the proposed budget is basically the same as submitted to the Board on May 13, 2019 with the exception of an increase in the fire department request in the amount of $4,974 which would also increase the Fund Balance Appropriated from $19,872 to $24,846. General Fund Highlights • No tax increase proposed • Base rate for solid waste, recycling collection and disposal increasing from $165 to $185 • 2.5% pay increases for Staff and Board of Commissioners • 7% increase in Health Insurance June 10, 2019 Minutes Page 9  • New Positions for Engineering (1), Planning (1) and Police (1) • Recreation - $44,000 budgeted for construction/design of tennis courts. $20,000 in carry- over design of Kiwanis Park and $15,000 for Jaycees Park • Capital Equipment- Streets & Utilities replacement of two (2) trucks and one (1) dump truck. Enterprise Fund Highlights • 2.5% rate increase • Water Treatment Plant (WTP) $30,000 additional for chemical and lab supply inflationary costs. $5,000 for additional monitoring of unregulated chemicals. • Utilities - $13,000 in parts/accessories for mini-excavator purchased in FY 2018-2019. $6,000 for light tower for use during emergency night repairs. Commissioner Bonitz asked if the light tower was solar power. Staff said they would check into that. Commissioner Fiocco said he mainly had technical stuff. Commissioner Fiocco said he has been talking about budgeting funds for I & I work and he doesn't see that in the budget, but he would like to us do so work this year. But he thinks that will be money very well spent. Ms. Meacham said it is in the CIP but not included in the budget. She included what was in the AIA. These items will be funded through Capital Reserve funds. Commissioner Fiocco said Main Street has about $13,000 of fac;ade grant funds left over in this year's budget and he would like that money carried over to next year's budget. Manager Gruesbeck said he has some ideas about how to address that matter. NEW BUSINESS - None Scheduled BOARD DIRECTIVES 1. Herbicide Ban (Mayor Perry) - (Tabled until next meeting) 2. Ban Plastic Bags (Mayor Perry) - (Tabled until next meeting) ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Farrell said he hopes NCDOT approves the Town taking of that portion of East Cornwallis Street. He will let them know what has happened. Commissioner Foley said Powell Place Apartments construction has pretty much taken out all the trees, she said that is what happens when you don't have a Tree Ordinance. She stated people were quite upset on the listserve about the emergency exit discussion. June 10, 2019 Minutes Page 10  Commissioner Fiocco said there is moss growing under the benches at Page Vernon Park and it is becoming slippery. Also, bricks need to be replaced where a trash can was removed from in front of the Dark property (M2Graphics) when the dual cans were installed downtown. FYI 1. Town of Pittsboro 2018 Annual Water Quality Report. Report can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331- A87D-02EC88CB5567}&DE={69E55D6B-BFBD-41 CA-BA11-0D96835F9879} (FYI - Annual Water Quality Report 2018) ADJOURNMENT Motion made by Commissioner Bonitz seconded by Commissioner Fiocco to adjourn at 11 :50 pm. Vote Aye-5 Nay-0 ATTEST: [ A l ~ ~ , ~c L Town Clerk June 10, 2019 Minutes Page 11