1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS MONDAY, AUGUST 12, 2019 REGULAR MEETING 7:00 PM Mayor Cindy S. Perry called the meeting to order asked for a moment of silence and that we remember the victims of the recent mass shootings. PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Commissioner Farrell. ATTENDANCE Members present: Mayor Cindy S. Perry, Mayor Pro Tern Pamela Baldwin, Commissioner Jay Farrell and Bett Wilson Foley. Commissioner John Bonitz and Michael Fiacco excused absent. Staff present: Manager Bryan Gruesbeck, Clerk Alice F. Lloyd, Attorney Paul S. Messick, Jr., Chief of Police Percy T. Crutchfield, and Engineer Elizabeth Goodson. A motion was made by Commissioner Foley seconded by Commissioner Baldwin to add a discussion about a public announcement about water as New Business #1 to the regular agenda. Vote Aye-3 Nay-0 CONSENT AGENDA Motion made by Commissioner Farrell seconded by Commissioner Baldwin to approve the consent agenda as submitted. The Consent Agenda contains the following items: I. Approve Minutes of the July 22, 2019 meeting. 2. Approve Ordinance Declaring a Road Closure for Pittsboro Pepperfest. 3. Receive Update on the Surplus Items Sold. 4. Approve a Resolution for Installment Financing Terms for Capital Purchases for Planning/Engineering, Public Works, Wastewater Treatment and Water Treatment Plants. 5. Approve sewer allocation request for Perch Coworking at 102 Hillsboro Street in the amount of 556 gallons per day (gpd). Vote Aye-3 Nay-0 August 12, 2019 Minutes Page 1 AN ORDINANCE DECLARING A ROAD CLOSURE FOR PITTSBORO PEPPERFEST IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 108 A RESOLUTION APPROVING INSTALLMENT FINANCING TERMS FOR CAPITAL PURCHASES FOR PLANNING/ENGINEERING, PUBLIC WORKS, WASTEWATER TREATMENT AND WATER TREATMENT PLANTS IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 178-179 REGULAR MEETING AGENDA CITIZENS' MATTERS Ed Fowler- 86 Windsong Drive - came before the board to make a presentation to summarize the bullet points on the document he submitted to the Board of Commissioners which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331- A87D-02EC88CB5567} &DE={ 4AE3BB65-BE33-4342-816D-8E4B9D4847FF} (Ed Fowler presentation 081219) Mr. Fowler asked that the Board deny the application when it comes before them next meeting. If they don't deny it that they do everything possible to protect the neighborhood if it is approved. COMMISSIONER/MANAGER UPDATES Mayor Updates - Mayor Perry said she hadn't attended any meetings. • EDC • RPO • Fairground Association - Commissioner Baldwin encouraged everyone to come out to support the Chatham County Fair September 26-29, 2019. • PBA/Downtown • Triangle J Council of Governments • Main Street • Climate Change • Human Relations Committee • Chatham County Arts Council • Pittsboro Affordable Housing Task Force - Commissioner Baldwin said she attended the meeting. • Chatham County Affordable Housing meeting - Commissioner Baldwin said attended the meeting and someone is looking at ordinances for affordable housing. Manager Gruesbeck gave an overview of the prepared updates he submitted with the agenda packet. They can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={4AE3BB65-BE33-4342-816D-8E4B9D4847FF} (Updates 8.12.19) Manager Gruesbeck stated he included another slide for tonight meeting regarding herbicides/pesticides. He stated the Town has discontinued using the ingredients found in roundup August 12, 2019 Minutes Page 2  in public areas. He said it may be used at a minimal in the sewer easements. He wanted everyone to know they are hearing the concerns and taking steps to modify things. OLD BUSINESS UNIFIED DEVELOPMENT ORDINANCE (UDO) UPDATE Planning Director Jeff Jones said the last UDO workshop was held in May and he has sent out a Doddle Poll to determine the best date to set the next workshop. Hopefully it can get scheduled in September. Mr. Jones said he also included in the agenda packet two Trees Ordinances that he mentioned during the review period of Chatham Park's Tree Protection element. He asked the board to review these ordinances and any others they felt will help the discussion on Tree Protection in the Town of Pittsboro. Commissioner Foley asked who is responsible for replacing dead street trees within Powell Place. Mr. Jones said it would be the HOA or the Developers. BICYCLE AND PEDESTRIAN PLAN UPDATE Planning Director Jeff Jones gave an update on the Bicycle and Pedestrian Plan. Information can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- [ 02EC88CB5567}&DE={4AE3BB65-BE33-4342-816D-8E4B9D4847FF} (PBO Bike Ped Plan Update BOC Mtg 8.12.19 DOCUMENTS) Mr. Jones said the Steering Committee will be meeting on September 25, 2019 at 10 am at Town Hall and the Public Open House will be held October 22, 2019 at the Library Meeting Room from 4:30 - 6:30 p.m. NEW BUSINESS UNREGULATED CHEMICALS IN WATER Mayor Perry said several weeks ago there was negative information in a health publication about Pittsboro's drinking water and it appeared that Pittsboro wasn't doing anything to address it. She and Commissioner Bonitz put together Timeline on discussions about the unregulated pollutants in Pittsboro drinking water which was placed at your seat tonight. This document can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-433 l-A87D- 02EC88CB5567}&DE={ 4AE3BB65-BE33-4342-8 l 6D-8E4B9D484 7FF} (Timeline on unregulated pollutants) Manager Gruesbeck wanted to stress the fact that we are meeting all of the state and federal testing requirements for our water quality. For the last five years we have won an award exceeding state/federal treatment standards. August 12, 2019 Minutes Page 3 Manager Gruesbeck stated typically when we put out a notice to the public something is wrong - we are in violation of something. That is not what's happening here and he wants to make sure you are aware of that and the public is aware of that. He would like to see the notice structured more positive than negative. Manager Gruesbeck stressed the samples were not done by a third party consultant that the Town hired as a part of our daily operations. We are required to do what we are doing and we are doing quite well. Some of the information coming in would be a third party source that wants to highlight the larger issue of unregulated chemicals which is something that apparently turns up in our water. Again we are taking steps to correct it. There are costs but workable solutions. Commissioner Foley said she is a member of this Board who wants to address this head on and do everything we can do. Her goal would be to let people know these chemicals exist even though we are following state standards so that people can make their own choices about whether or not to drink the water. Also think we need to stress that we are looking at ways to address this at our expense. Something we are not required to do but are doing because we can about the people of Pittsboro. Commissioner Baldwin said she agrees, the third party that performed the analysis should be identified in this. She do want the public to know what's going on as a FYI, certainly don't want to alarm them. We need to say this is what this particular third party found. We did not request that particular analysis or anything like that however this is what they indicated. However, we are going forward with addressing those pollutants even though the state does not require it. It is being done because they are concerned that our citizens, children, parents, grandparents have safe drinking water. Commissioner Farrell said he feels we should be transparent as well. Mayor Perry said she wants customers to have the best information possible and is concerned about the basic issue of trust. Mayor said that she and Manager Gruesbeck will work on Notice (she emailed earlier). Commissioner Foley said we can have this letter but she also feels we should have a whole page and links to pages to some of the result on the page so when we send this out if people want to learn more about it they can on our website and find links that connects them to more information. Manager Gruesbeck said he don't know ifwe sponsor these third party sites. Manager Gruesbeck said we have been in compliance for over five years. Commissioner Foley said we can have a link to show that. Engineer Elizabeth Goodson said we could provide a link on the town website to the analysis from the CDM Smith report. Mayor Perry said Adam Pickett should be involved in formulating the notice. Commissioner Foley said that Adam has done a great job, this in no means has anything to do with anything he has done. August 12, 2019 Minutes Page 4  Mayor Perry said they will work on the wording on an informational insert as well as supplying additional information on our website for people that want more information. Manager Gruesbeck said there are only 140 characters available for water bills and he would have to check about putting inserts in the water bills. After much discussion a motion was made by Commissioner Foley seconded by Commissioner Farrell to make this a Board Directive. Vote Aye-3 Nay-0 BOARD DIRECTIVES HERBICIDE BAN (MAYOR PERRY) Mayor Perry said we decided we would periodically receive a report from John Poteat. Manager Gruesbeck said the information they received tonight was for Mr. Poteat. BAN PLASTIC BAGS (MAYOR PERRY) Mayor Perry said she is waiting to see the reaction of the Food Lion Manager. The Girl Scouts and the Boy Scout are interested in helping with this project. Commissioner Foley said when she was in Food Lion yesterday the cashier asked her if she had I her bags. When she said she had left them in the car, she said she would wait for her to get them and after Commissioner Foley saw the line was so long the cashier told her she could purchase the bags for .99 cents each and she could get her groceries in two bags. Commissioner Foley said it made her feel that maybe the manager had been talking with the employees about it. ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Farrell stated Virlie's now has cornstarch straws, right now they are by request until they use up the plastic ones they have. Commissioner Farrell said regarding the Chatham Park Development Agreement he would like to receive recommendation from Staff. Manager Gruesbeck said a presentation from the developer and staff will be given in September. Commissioner Baldwin said she would appreciate that information as well. CLOSED SESSION Motion made by Commissioner Baldwin seconded by Commissioner Foley to go into closed session pursuant to NCGS 143-318(a)(3) to consult with the Town Attorney regarding pending litigation. Vote Aye-3 Nay-0 August 12, 2019 Minutes Page 5 Motion made by Commissioner Foley seconded by Commissioner Baldwin to go back into regular session. Vote Aye-3 Nay-0 Motion made by Commissioner Baldwin seconded by Commissioner Foley to add an item to the agenda. Vote Aye-3 Nay-0 Motion made by Commissioner Foley seconded by Commissioner Farrell to approve the Release in the lawsuit filed by Marjorie Wilson. Vote Aye-3 Nay-0 A COPY OF THE RELEASE IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 180-184 ADJOURNMENT Motion made by Commissioner Farrell seconded by Commissioner Baldwin to adjourn at 8:25 p.m. Vote Aye-3 Nay-0 ATTEST: Alice . loyd, CMC, NCCM Town Clerk August 12, 2019 Minutes Page 6