1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS MONDAY, JUNE 24, 2019 REGULAR MEETING 7:00 PM Mayor Cindy S. Perry called the meeting to order and asked for a moment of silence. Mayor Perry thanked Evan Crouch (potential Eagle Scout) for attending. Mayor Perry said he is interested in the idea of riding ourselves of bags in the grocery stores. They are going to be joining together on this project. Mayor Perry asked that he lead the Pledge of Allegiance. PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Evan Crouch. 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, Finance Director Heather Meachman, Planning Director Jeff f Jones, Planner II Victoria Bailiff and Engineer Elizabeth Goodson. CONSENT AGENDA Commissioner Fiocco submitted the following corrections for the June 10, 2019 minutes: Page 4 - Under Main Street - Insert "little" in front oflibrary Page 5 - In motion to approve - on the third line add (") in front of The Page 5 - In motion to approve - on line sixteen add(") after waived Page 5 - In motion to approve - on line sixteen add (") after: Commissioner Foley made the following correction to the June 10, 2019 minutes: Page 5 - last sentence on page - remove "larger buffer" replace with "greater tree protection within the 2,000' buffer of the Haw River".. . Motion made by Commissioner Fiocco seconded by Commissioner Farrell to approve the regular agenda and consent agenda with the corrections above. The Consent Agenda contains the following items: 1. Approve Minutes of the June 10, 2019 meeting. (with corrections above) 2. Accept FY 2018-2019 Financial Report as of May 31, 2019. 3. Approve Resolution for Amendment to the Personnel Policy Manual for Special Event Pay for Non-Exempt Employees. June 24, 2019 Minutes Page 1 4. Approve Resolution to Allow Special Event Alcohol Sales for the 2019 Summerfest. Vote Aye-5 Nay-0 A RESOLUTION AMENDING THE PERSONNEL POLICY MANUAL FOR FESTIVAL AND SPECIAL EVENT PAY FOR NON-EXEMPT EMPLOYEES OF THE TOWN OF PITSBORO, NORTH CAROLINA IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 103 A RESOLUTION ALLOWING SPECIAL EVENT ALCOHOL SALES FOR THE 2019 PITTSBORO SUMMERFEST IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 104 PUBLIC HEARING Motion made by Commissioner Foley seconded by Commissioner Fiocco to go into public hearing. Vote Aye-5 Nay-0 ANNEXATION REQUEST (A-2019-02) FROM CHATHAM CONCRETE, LLC. Victoria Bailiff, Planner gave stated Chatham Concrete, LLC has submitted a petition requesting annexation for the 10.75 acres tract of property they own on Pittsboro Moncure Road, along the eastern side of Turkey Creek (Parcel 93376). The property is currently zoned M-2 Heavy Industrial. The property is contiguous to corporate limits and could be served by water. A Public Hearing is required by GS 160A-31 to consider the request. PUBLIC COMMENTS: Edward Fowler- 86 Windsong Drive - stated he has been before the board previously opposing the Chatham Concrete Plant. They have turned in a petition with numerous signatures (244) in opposition to the plant. Mr. Fowler referenced a handout he submitted to the Board tonight it can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63- 4331-A87D-02EC88CB5567}&DE={93D452B7-E8B l-4CB l-AF30-1827E3704BA6} (Handout from Edward Fowler 062419). He stated they are already hearing Capital Concrete at six in the morning. He has shared a video with Jeff Jones from a concrete plant next to where he works. He stated the HOA Ad Hoc Group decided to retain an attorney about two weeks ago and they are waiting on an opinion from them. He is here tonight to plea with the Board to represent the citizens of the town and not deep pockets. June 24, 2019 Minutes Page 2  Commissioner Foley asked ifhe could send them a copy of the video he referenced. He said he would. Kevin Cox - 270 Moncure/Pittsboro Road - Capital Ready Mix Concrete stated he was present to extend an offer to load their trucks and/or supply concrete for them. Charlie Perkins - 262 May Farm Road - stated he has spoken about the proposed plant before. He realizes that growth for the community is very important. He doesn't want to be looking at a concrete plant in his back yard. Capital Concrete is not that bad. But it doesn't seem that neither the Town nor Chatham Concrete wants to work with them. Commissioner Bonitz asked if they knew why this location was chosen. Planning Director Jeff Jones said it is not their job to ask why they choose a certain site. Commissioner Farrell asked about the bell system Capital Concrete uses. Mr. Cox explained the operation of their plant is quitter. You don't have the banging of the brakes. Commissioner Bonitz asked ifwe know why they want to be annexed. Planning Director Jones said they requested it. Planner II Victoria Bailiff said with it being annexed the town code of ordinances can be enforced. After discussion a motion made by Commissioner Fiocco seconded by Commissioner Farrell to go out of public hearing. Vote Aye-5 Nay-0 r REGULAR MEETING AGENDA CITIZENS' MATTERS Lisa Meeker- 356 May Farm Road- stated she has concerns about the concrete plants to their neighbors. Health concerns could occur. Asthma increases - her husband is a lung transplant recipient. Ed Fowler - 86 Windsong Drive - spoke about the Town Planner. He likes what he heard from Mr. Cox tonight and would like to learn more about it. COMMISSIONER/MANAGER UPDATES Manager Gruesbeck gave an overview of updates he gave to the Board. These updates can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-433 l- A87D-02EC88CB5567}&DE={93D452B7-E8Bl-4CB1-AF30-1827E3704BA6} (Updates 06.24.19) Mayor Updates - Mayor Perry stated she attended the Bike/Pedestrian and 15-501 Widening meetings. • EDC • RPO • Fairground Association June 24, 2019 Minutes Page 3  • PBA/Downtown • Triangle J Council of Governments • Main Street • Climate Change • Human Relations Committee • Chatham County Arts Council • Chatham County Affordable Housing - Commissioner Baldwin said they met last week. OLD BUSINESS CHATHAM PARK PLANNED DISTRICT DEVELOPMENT - ADDITIONAL ELEMENTS: OPEN SPACE AMENDMENT Planning Director Jeff Jones stated that he and Engineer Elizabeth Goodson provided comments to the five comments received at the public hearing last meeting. 1. Comment: Increase the Buffer to at least 700 feet in areas with a smaller buffer (300 ft.) along the Haw river to ensure the 35 percent retention of existing trees within 2,000 feet of the Haw river. Staff Comment: This could be a way before a small area plan and subsequent development plans are submitted to ensure compliance with this requirement in the Tree Protection Element. This limits development patterns prior to understanding fully the impact of additional buffer width. Notwithstanding an increase in the buffer, 35 percent of existing trees will be retained per the Tree Protection element. 2. Comment: Table of Uses are less restrictive than current Open Space Element. Staff Comment: During the initial approval of the Open Space Element there was a good faith attempt to consolidate the chart with respect to the Town's Riparian Buffer Ordinance and Chatham Park Buffers within the Open Space Element to make a simpler chart. This attempt had effects that was not understood at the time and resulted in language that could not be met. With this revised Element there is a clear distinction between the Town's Riparian Buffer Ordinance and Chatham Park Buffers. The Town's ordinance remains fully enforceable for development in Chatham Park and the Town. Chatham Park's Buffers in the proposed Open Space Element 3. Comment: Chatham Park Buffers will be allowed to be impacted by certain uses that would be allowed with mitigation in the Town's Ordinance. Staff Comment: All impacts that require mitigation within the Town's ordinance will continue to require mitigation if impacted within the first 50' of buffer in a Chatham Park project (Zones 1 & 2). At the time that mitigation is being considered for those impacts, the town can evaluated if the impacts to the outer zone is a factor in the type or scale of mitigation measure needed. The additional buffer does not have the mitigation category within Chatham Park but the uses affected fall in 2 groups - Allowable and Exempt. Those that Allowable would still require justification of no practical alternative. The Uses that require Mitigation when impacting Zone 1 or 2 in the Town's ordinance but are Allowable Uses in the outer additional buffer include components of these June 24, 2019 Minutes Page 4  categories: Airport Facilities with greater than 150' linear or 1/3 acre of impact, Drainage Ditches that do not provide a stormwater facility due to topo, Driveway Impacts in excess of 150 linear ft, Mining Activities, Ponds meeting certain criteria, Railroad Impacts, Sheds and Decks in Zone 2, Road Relocation for public safety >2500 sf of impact, and Water Supply Reservoirs The uses that are exempt in Zone 3 are primarily where the mitigation requirement was specific to Zone 1 or include a linear measurement that does not equate to the expanded length of a longer buffer for example - roadway impacts or railroad crossing impacts greater than 150 linear feet, Stormwater impacts to Zone I, Utility Impacts to Zone 1, Utility Impacts greater than 40 linear feet. In each of these Exempt Uses, the Chatham Park Additional buffer impact puts language in place to limit the use in the outer zone to parameters associated with the use allowed in the Zone 1 and/or 2. 4. Comment: When uses require mitigation the amount of tree replanted is less than Town's Ordinance would require. Staff Comment: There are a couple of temporary uses that would require replanting in the outer buffer once the use is removed. The current text does not include a specific criteria or reference to a section in the Town's code that speaks to this. 5. Comment: No temporary roads or streets within all buffers Staff Comment: This would be a good item to review closer with a Small Area Plan when more information is known about the context of a road connection or impact and the overall road layout. Planning Director Jeff Jones stated staff recommends approval. Mr. Ken Eagle and Robbie Oldham are present to answer any questions. After much discussion the following changes were agreed upon: APPENDIX "B" 2nd bullet under "Drainage ditches, roadside ditches and stormwater conveyances:" insert after "dimensions," "provided that no additional travel lanes are added" ... APPENDIX "B" bottom of page 18 add a sentence "At the end of five years the restored buffer shall comply with the restoration criteria to Section 9(c)(7) of the RBPO. APPENDIX "B" top of page 19 add a sentence "At the end of five years the restored buffer shall comply with the restoration criteria to Section 9(c)(7) of the RBPO. APPENDIX "B" under Utility, non-electric ... add a bullet to say "Water, sewer & reclaimed water infrastructure and a bullet to say "All other non-electric infrastructure"" After much discussion a motion was made by Commissioner Fiocco seconded by Commissioner Baldwin to approve with the edit made this evening (listed above). Vote Aye-5 Nay-0 A RESOLUTION APPROVING CERTAIN ADDITIONAL ELEMENTS TO THE CHATHAM PARK PLANNED DEVELOPMENT DISTRICT MASTER PLAN (OPEN SPACE AMENDMENT) (CPMA-2019-01) IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 105-126 June 24, 2019 Minutes Page 5  REZONING REQUEST (REZ-2018-03) FOR 196 HILLSBORO STREET Planner II Victoria Bailiff stated 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. The Planning Board recommended to approve (5-1) the proposed rezoning at its meeting on June 3, 2019 with additional conditions as noted in the Recommendation to the Town Board of Commissioners on June 10, 2019. A public hearing was held on May 28, 2019. The Town Board of Commissioners reviewed this request on June 10, 2019. The Board voted to table the item to the July 24, 2019 meeting to allow the applicant time to consider changes requested by the Board. The applicant has since made changes. Below is a list of Uses Allowed: I. Bed and Breakfast 2. Residence (1) family 3. Agencies including travel, broker, insurance, loan, employment 4. Bank, savings, and loan, similar financial institutions (all without teller) 5. Beauty salons, barber shop, spas (limited to 1500 ft max. for these uses) 6. Medical, dental, paramedical, chiropractic offices 7. Offices general for business, non-profit, professional, or personal services 8. Antiques and gift retails Ms. Bailiff said Staff finds this property to be in a suitable location for Office and Institution 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. After discussion the board agreed to add: 2. 'or two family" Signage - no illuminated, changeable, flashing, animated signs allowed Commissioner Farrell said he spoke on this months ago. Even though it's an improvement he can't support it. Commissioner Foley said we are saving a historic building that she don't will be preserved otherwise. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the Consistency Statement. Vote Aye-4 Baldwin/Bonitz/Fiocco/Foley Nay-I Farrell June 24, 2019 Minutes Page 6  Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve REZ-2018- 03 with the conditions presented and added tonight. Vote Aye-4 Baldwin/Bonitz/Fiocco/Foley Nay-1 Farrell A RESOLUTION ADOPTING A CONSISTENCY STATEMENT FOR AN AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO - 196 IDLLSBORO STREET (DEACON PROPERTY) REZ-2018-03 IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 127 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO - 196 HILLSBORO STREET (DEACON PROPERTY) REZ-2018-03 IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 37-41 Motion made by Commissioner Bonitz seconded by Commissioner Foley to take a five minute break. 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 MANAGER'S RECOMMENDED BUDGET FY 2019-2020 I Manager Gruesbeck stated since the proposed FY 2019-2020 budget was distributed the following changes have been made and are included in the proposed budget you received dated June 24. 2019: o Broke out engineering review fees which were previously under subdivision review fees. o Allocated $2,500 for affordable housing board that was approved in FY 2018- 2019 but which has not been spent. o Allocated $66,300 for the generator for Town Hall which was approved in FY 2018-2019 but which has not been spent. (Commissioner Bonitz asked what type of fuel it used) o Fire Department increase of $4,974. o Under department 5400 increased cleaning by $1,000 and decreased contracted services by $1,000 for a net result of 0. o Amended CIP to push Targeted Robeson Creek Rehabilitation from FY 19-20 to FY 20-21 . o Allocated $189,298 from Capital Reserve for Enterprise to Capital Outlay (Dept. 8300) to cover items detailed in the CIP. Manager Gruesbeck stated that the Budget and Budget Ordinance must be approved by June 30, 2019. Commissioner Fiocco asked that the $13 ,100 left in fa9ade grants be added to this year's budget (taken from fund balance). June 24, 2019 Minutes Page 7 Mayor Perry mentioned looking at the amount we charge for commercial deposits, especially for small businesses ($500.00). Ms. Meacham agreed to do research on this item. After much discussion a motion was made by Commissioner Fiocco seconded by Commissioner to approve the FY 2019-2020 Operating Budget increasing the Main Street Budget $13,100 (the remaining money left in the 2018-2019 Fa9ade Grant line item) and to go to 3 times review (new planning fees). Vote Aye-5 Nay-0 FY 2019-2020 APPROVED OPERATING BUDGET, BUDGET ORDINANCE AND CAPTIAL IMPROVEMENT PLAN IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 42-107 NEW BUSINESS - None Scheduled BOARD DIRECTIVES HERBICIDE BAN (MAYOR PERRY) Commissioner Bonitz submitted an amended Resolution. After some discussion Commissioner Bonitz asked that Staff look at the document and that it be put back on the agenda. Resolution proposed by Commissioner Bonitz can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={93D452B7-E8B 1-4CB1-AF30-1827E3704BA6} (Proposed Resolution by Commissioner Bonitz) BAN PLASTIC BAGS (MAYOR PERRY) Mayor Perry said she is looking forward to working with Evan on this. ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Farrell thanked Manager Gruesbeck and Ms. Meacham for their work on the budget. He asked that maybe next year we could incorporate some type of merit raise in the budget. Commissioner Foley stated she would like to see us do a Resolution for Jean Reaves she was such an icon in the community. Commissioner Fiocco thanked Staff for cleaning of Page Vernon Park pavers looks very good. He stated the sidewalk replacement work looks very good. Commissioner Baldwin stated she appreciates that the budget did not included a tax increase. June 24, 2019 Minutes Page 8  Commissioner Bonitz was appreciative of the great work on the budget. He stated the old Ford dealership looks better very much appreciate Mr. Jones asked owner to get that cleaned up. On r ----. Lesley Court, staff repaired a water leak six months ago and it is still filled with gravel, HOA member asked when it will be repaired. Commissioner Bonitz asked about the Blue Star sign. Asked if an effort was made to reach out to the Post Office regarding 15-501 widening project. Manager Gruesbeck said he would check to find out. He would like to put "Speed Limit on Hillsboro Street" under Board Directives. ADJOURNMENT Motion made by Commissioner Farrell seconded by Commissioner Foley to adjourn at 10:37 pm. Vote Aye-5 Nay-0 ~ lP Cindy.Perry, M~ ATTEST: {l~J~ Alice F. Lloyd, CMC§ccM Town Clerk June 24, 2019 Minutes Page 9