1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS MONDAY, AUGUST 26, 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 Commissioner 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, Planner II Victoria Bailiff, Engineer Elizabeth Goodson and Water Treatment ORC Adam Picket. Motion made by Commissioner Fiocco seconded by Commissioner Farrell to approve the regular and consent agenda as presented. Mayor Perry said she had a couple of small corrections to the August 12, 2019 minutes. Under attendance it had Commissioner Fiocco and Bonitz absent she wanted to know if the board would like to have the word "excused" in front of absent. Motion was made by Commissioner Baldwin seconded by Commissioner Bonitz to change it to read excused absent. Vote Aye-5 Nay-0 Mayor Perry stated on Page 4 starting at the top where the conversation starts about unregulated chemicals - she presented a slight revision to the wording tonight - after much discussion the board agreed to table this item for the board to work on the wording and bring it back to the next meeting. Commissioner Bonitz made a motion. Commissioner Fiocco amended his motion and Commissioner Farrell amended his seconded to include tabling the minutes until the next meeting. Vote Aye-5 Nay-0 CONSENT AGENDA The Consent Agenda contains the following items: 1. Approve Minutes of the August 12, 2019 meeting. (Tabled until Board can work on wording) 2. Approve Ordinance Amending Capital Project Budget for Town Hall Project. 3. Approve Loan Agreement for CDBG Building Reuse Project for EG-GILERO. August 26, 2019 Minutes Page 1 AN ORDINANCE AMENDING CAPITAL PROJECTS BUDGET FOR TOWN HALL PROJECT IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 109 REGULAR MEETING AGENDA CITIZENS' MATTERS None COMMISSIONER/MANAGER UPDATES Mayor Updates - Mayor Perry stated she was a Guest on WCHL - Chatham Roundup on Issues in Chatham County and she attended the opening of Charger Blvd. on August 22, 2019. • EDC • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments • Main Street • Climate Change - Commissioner Bonitz said at the Pepperfest on September 22, in the old Capital Bank parking lot there will be electric vehicle on display (not or riding in or driving) in support of National Drive Electric Week • Human Relations Committee • Chatham County Arts Council Manager Gruesbeck went over 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={ 15A13BFC-7F2E-4DB9-8587-689C84B776B0} (Updates 8.26.19) He reminded the Board Mr. Jones needed dates to schedule the UDO worksession. OLD BUSINESS PITTSBORO ABC BOARD APPOINTMENTS Jim Nass gave the board a brief end of year update. He stated the audit has been complete and he has verbally been told they done good. Funds to the Town will increase substantially from last year. They have not received the actual report yet. Mr. Nass said he is before the board tonight because he has resigned as chair of the ABC Board effective as of today and he recommends Hugh Harrington to serve as chair (he has agreed). Mr. Nass said he has agreed to stay on through the November period. Commissioner Fiocco said he appreciated Mr. Nass's service and his willingness to continue to serve during the transition and with that said he made a motion to appoint Hugh Harrington as Chair of the Pittsboro ABC Board, seconded by Commissioner Foley. August 26, 2019 Minutes Page 2  Vote Aye-5 Nay-0 UPDATE FROM CHATHAM ECONOMIC DEVELOPMENT CORPORATION (EDC) REGARDING BOARD REQUEST TO ATTRACT AN ADDITIONAL GROCERY STORE Alyssa Byrd said back in July the board asked about the possibility of getting another grocery store. Ms. Byrd said the developers of the Northwood MUPD are in the process of working work a grocery store ... so one is coming. She stated a good market analysis in addition to other criteria is required in order to attract modem day grocery stores. Once the roof tops start going in things will begin changing around here. She said the town may have to make some concessions to get the vacant building on East Street filled. She said she will come back in October to give another update. What kind of concessions? Ms. Byrd there was an interested tenant that would have needed consideration of outdoor storage and parking requirements. It just depends on how badly you want it filled. Commissioner Bonitz said he believe the board is interested in getting another grocery store in that location. Ms. Byrd said she has contacted Carlie C's, IGA, Compare Food and one other and she has not heard back from there but she will follow up. SITE PLAN REVIEW (SP-2019-02) CHATHAM CONCRETE Planner Jeff Jones submitted the following memo with the agenda packet, and he went over the memo: Background Developer: Frank Stankunas, Chatham Concrete LLC Location: Moncure Pittsboro Road, East of Turkey Creek Current Zoning: M-2 (Heavy Industrial) Acreage: 10.02 acres Existing Use: Vacant Proposed Use: Concrete plant STAFF ANALYSIS: This proposal is being presented to the Board as a Site Plan for review and decision. The proposal is to construct a concrete mixing plant and 2,000 square foot office/control room on a parcel that is over 10 acres of land, located along Pittsboro Moncure Road. The Property is zoned M-2 Heavy Industrial, and the proposed use is permitted by right in August 26, 2019 Minutes Page 3 the Town's Zoning Ordinance. The proposed concrete mixing plant will use three trucks in its operation and will be staffed by 9 employees. The office and concrete mixing plant are proposed to be located over 190 feet from the closest residential property line and approximately 440 feet from the nearest residence. The applicant is attempting to mitigate the use adjacent to residential properties by increasing the setback from property lines and providing for additional landscape screening beyond the minimum required by the zoning ordinance. UTILITIES: Sewer: There is a Town of Pittsboro pump station located on the adjacent property however to connect for this property there would be a complex connection due to the location of the sewer main and the bottom of the creek. It would require a stream crossing and likely would need to be an aerial sewer line crossing in order to connect. The applicant has requested due to the low flow needed for this site to not connect to the Town's sanitary sewer system at this time but to provide sanitary sewer easements so as future property develop upstream or modifications to the pump station and existing gravity line are made in the future, a gravity sewer line could be installed. Staff is comfortable with this request to not extend sewer under these circumstances. Water: A 12" waterline is currently available at Farmingdale Lane and Moncure Pittsboro Road. This project is required to extend a minimum of a 6" waterline along the roadway from the existing connection to the property and along the frontage of the project. Due to the location of this waterline and the recommendations in the 2007 Hydraulic Model Update & Planning Study, staff recommends the town consider upsizing of this line to a 12" waterline at this time and entering into an agreement with the applicant to cost share the additional cost of the upsized line. The cost anticipated of the 6" waterline would be $97,500 and the cost of the 12" waterline would be $222,940 per the cost estimates provided by the engineer. Staff recommends the board authorize the manager to negotiate an agreement with the applicant to cover the difference in the cost between the 6" and 12" waterline in the amount of approximately $129,000. PLANNING BOARD RECOMMENDATION: At the August 5th Planning Board meeting the Board voted 4-0 to recommend denial of the proposed project. This vote came after the Board had tabled the project at their July 8th meeting to give the applicant more time to address concerns raised during the meeting. Concerns that the Planning Board had related to the overall height of the plant including the silos not meeting the 50-foot height maximum for the zoning district. Additionally, the Board wanted to give the applicant more time to make sure the plans as presented clearly stated the intent of the project, including the operations and maintenance of the plant. Supplement information provided to the Planning Board for the August 5th meeting by the applicant did not address these concerns to the satisfaction of the Board, and thus the vote to deny was approve. Since the Planning Board the applicant has taken the opportunity to further refine the proposal to limit the height of the plant including the silos to be below the 50-foot height limit. The applicant included information related to the dust collection system and the operations of the Pittsboro plant, with a report indicating normal decibels levels to be expected when operating a concrete batch plant. Additionally, the applicant has agreed to line the batch material bin with rubber to mitigate the noise level of the plant, as suggested in his report. August 26, 2019 Minutes Page 4  STAFF RECOMMENDATION: Staff reviewed the proposed plans in accordance with the Town applicable ordinances and is recommending approval. The applicant has demonstrated compliance with the zoning ordinance and has attempted to mitigate the impact of the proposed project utilizing greater setbacks from residential properties and increased landscaping screening. Commissioner Fiocco asked if the soil have been tested septic. If all the soil is adequate. Commissioner Farrell in the packet is a 1987 Sounds Emissions Test - is it still valid since it is 30 years old. Planner Director Jones said the applicant did not have to provide that the ordinance does not require it. He was just providing it for information. Commissioner Foley said she has concerns about noise decibels and done some research. Heavy traffic on highways can cause noise concerns and she was wondering about some type of wall to protect the people in Potterstone. Commissioner Baldwin asked about the 10 acres of land being a buffer. Planning Director Jones said it does keeps it from being so close to residential properties. Commissioner Farrell read the definition of M-2 Manufacturing District (Heavy Industrial) from the zoning ordinance: This district is defined as certain lands so situated as to be suitable for industrial development usually along railroad sidings or major thoroughfares, but where certain operations could I adversely affect nearby properties. The purpose of this district is to permit the normal operations of almost all industries excepting those that would be detrimental to adjoining properties. Excluded from this district are those industries which are noxious by their emission of smoke, dust, fumes, glare, noise and vibrations and those industries which deal primarily in hazardous products such as explosives. Commissioner Farrell said to him it seems the Concrete Plant is giving off all of these and for that reason he can't support this at all. He said that Chapter 25 states the Board of Commissioners is committed to preserving the health and welfare of the citizens of the Town, and to preserving the scenic and aesthetic character of the Town of its environs in order to protect and promote the community and to protect the quality of life for local residents. Planning Director Jones said that is Utilities. Commissioner Bonitz said it troubles him that the applicant has not proved that he will not be in violation of Article 17 and for that reason he cannot support this site plan. (Article 17 is as follows: All uses in any district shall comply with all the applicable performance requirements of the State of North Carolina regarding noise, glare, resource pollution, air pollution, and or other regulatory standards applicable to the environs and/or their protection. All uses shall be so constructed, maintained and operated as not to be injurious to the use and occupation or enjoyment of adjacent premises by reason of the omission or creation of noise, vibrations, light, smoke, dust or other particulate matter, toxic or noxious waste materials, odors, radiation, fire, explosion, hazard or glare, storm water discharge, or other such matters or events. August 26, 2019 Minutes Page 5 Motion made by Commissioner Bonitz seconded by Commissioner Farrell to disapprove the proposal based on Article 17 of the Town Zoning Ordinance and the Board not being convinced the project will not be injurious to the use and occupation of the adjacent premises. Frank Stankunas stated he comes from a small town in Florida and he understands the concerns. He explained the dust collection system they will be using and stressed they will have a dry batch plant, therefore it mixes while driving down the road. He stated he heard the concerns from Potterstone residents that is why he purchased so much land. Mr. Stankunas said they will be pouring about 70 yards of concrete per day. Commissioner Foley said she would welcome them to Town, but not in this location. Not so close to residences. Vote Aye-4 Bonitz/Baldwin/Farrell/Foley Nay-1 Fiacco PROPOSED ANNEXATION (A-2019-02), PITTSBORO MONCURE ROAD (CHATHAM CONCRETE, LLC PROPERTY) Planning Director Jeff Jones said there was no reason to consider this item since the previous item was denied. WATER SUPPLY TREATMENT AND EXPANSION REPORT Engineer Elizabeth Goodson stated CDM Smith will provide an update on the progress with the project tonight and share the findings and options outlined in the report and seek direction from the board on pilot testing for emerging contaminants as we pursue the next steps in water supply planning and expansion options. Reed Barton, PE and Bill Dowbiggin, PE, BCEE, PMP with CDM Smith gave a PowerPoint presentation which can be found at (the Study can also be found here): https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-433 l-A87D- 02EC88CB5567}&DE={ 15Al 3BFC-7F2E-4DB9-8587-689C84B776B0} (2019-08-26 CDMSmith; Water Supply Treatment Expansion Study DRAFT RPT Aug 2019 DOCUMENT) After the presentation and discussion CDM Smith said they would prepare a Scope for Town staff to review, including everything they want to see in the first step. Commissioner Fiacco said he has additional questions but he will forward them to staff so they can forward them on to CDM Smith. WATER NOTICE TO CUSTOMERS Mayor Perry stated a draft of the notification to be mailed to water customers was placed at each member's seat tonight. Mayor Perry said we need to begin to put information on the website under a special section. At the last meeting this was a board directive. August 26, 2019 Minutes Page 6  Commissioner Foley said some sentences seem to be repeating themselves. Commissioner Baldwin said she thinks the first paragraph should be that the Town is exceeding the State and Federal requirements. Commissioner Foley said she understands where she is coming from but disagrees, she thinks in the beginning you should just tell what the letter is about. Commissioner Fiocco said that Commissioner Baldwin made a point. We have been meeting all State and Federal Water standards. But we have been made aware of these unregulated chemicals in our drinking water and we are taking steps to address it. It is very important to mention we have award winning water. Commissioner Bonitz asked about adding a comma to the end of paragraph three and the words beyond town control. Mayor Perry asked what about organizations that get group billing, how do we deal with that? The board agreed the website. Commissioner Bonitz offered that the timeline and the link to the CDM Study be put on the website as well. After much discussion about the notification Mayor Perry read the language of the notice as follows: IMPORTANT INFORMATION FOR PITTSBORO WATER CUSTOMERS While the Town's drinking water meets or exceeds every State requirement, the Town of Pittsboro wants its water customers to know that recent analysis of our drinking water shows the presence of certain emerging contaminants. These unregulated chemicals are called 1, 4- Dioxane, Bromides, PFOS, and PFOA. The State of North Carolina and the Federal Government have not set limits on how much of these compounds are safe when present in drinking water. Over the last few years, these unregulated compounds have been detected, and it is believed that they are a result of upstream discharges and/or agricultural run-off. The health effects of these emerging contaminates are not fully known. Studies of these compounds are being conducted nationwide. The Town is planning near-term and long-term actions to remove these emerging contaminates from our drinking water. In summary, and so that customers have the best information about this situation, the Town of Pittsboro wants its customers to know that these compounds have been found, in differing amounts, in the Haw River where we intake raw water and in the treated drinking water which is distributed in our water system. And, as stated above, the health effects are unknown. August 26, 2019 Minutes Page 7 If you have questions, please refer to our Town of Pittsboro Website for more information, and a list of resources. NEW BUSINESS - none scheduled BOARD DIRECTIVES HERBICIDE BAN (MAYOR PERRY) Mayor Perry suggested notification Homeowner Associations of the changes the Town is making regarding herbicides. BAN PLASTIC BAGS (MAYOR PERRY) ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Farrell mentioned the burnt out house on Hillsboro Street. Planner Jones said it is up for sale and he will talk with the person that came in to talk with him about it. Commissioner Fiocco said when he came into town on 87 approaching the circle it is very dark, it needs some lights or delineators or reflectors. Mayor Perry said the eight lights downtown were fixed. ADJOURNMENT Motion made by Commissioner Farrell seconded by Commissioner Baldwin to adjourn at 9:38 p.m. Vote Aye-5 Nay-0 ATTEST: "~~~~+ Town Clerk August 26, 2019 Minutes Page 8