1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS MONDAY, SEPTEMBER 9, 2019 REGULAR MEETING 7:00 PM Mayor Cindy S. Perry called the meeting to order and called for a moment of silence. PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Commissioner Farrell. Commissioner Bonitz stated he had received a call that his children are sick, he will be leaving but hopes to return. Family comes first. 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 I Victoria Bailiff and Engineer Elizabeth Goodson. Motion made by Commissioner Baldwin seconded by Commissioner Farrell to approve the regular agenda as submitted. Vote Aye-4 Nay-0 CONSENT AGENDA The Consent Agenda contains the following items: 1. Approve Minutes of the August 12, 2019 and August 26, 2019 meeting. 2. Accept Financial Report as of July 31, 2019. 3. Approve Ordinance Amending Capital Project Budget for Town Hall Project. 4. Set Public Hearing for a Zoning Text Amendment (ZTA-2019-04) at 7:00 p.m. Commissioner Fiocco made a motion to approve the consent agenda with corrections to minutes of the August 26, 2019 meeting, he can't speak to the August 12, 2019 minutes because he was not in attendance, seconded by Commissioner Foley. Vote Aye-4 Nay-0 Motion made by Commissioner Baldwin seconded by Commissioner Farrell to approve the minutes of the August 12, 2019 meeting with the corrections. Vote Aye-4 Nay-0 AN ORDINANCE AMENDING CAPITAL PROJECT BUDGET FOR TOWN HALL PROJECT IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 110-111 REGULAR MEETING AGENDA CITIZENS' MATTERS Liz Cullington - 390 Rocky Hills Road - Pittsboro 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={ 6F98103E-C5B9-4FB6-Al D5-784ED62E43B 1} (Cullington Comments 090919) COMMISSIONER/MANAGER UPDATES Manager Gruesbeck gave an overview of the handout of updates he submitted to the Board. It can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331- A87D-02EC88CB5567}&DE={ 6F98103E-C5B9-4FB6-A1D5-784ED62E43Bl} (Updates 9.9.19) Mayor Updates - Mayor Perry stated she will be going to Nepal in about a month and Mayor Pro Tern Baldwin will be chairing the meeting on October 14, 2019 and she hopes to be back on October 28, 2019. She asks for everyone thoughts and prayers. • EDC - Commissioner Fiocco said he will be attending the EDC Retreat tomorrow morning. He was appointed to TARPO and will attend that meeting in October. PBA will meet on Wednesday • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments - Commissioner Baldwin stated that Chatham County Commissioners will be hosting the Triangle J Summit and the Agricultural and Convention Center on October 10, 2019 from 9 am to 5 pm. • Main Street- Commissioner Fiocco said he will be meeting with NCDOT to see what part of the Downtown project can push forward such work has already begin on utilities. Sunday, September 22, 2019 is Pepperfest in Downtown Pittsboro, 3-6. • Climate Change • Human Relations Committee • Chatham County Arts Council - Commissioner Foley said she attended the Chamber Breakfast, the United Way Kickoff and the Abundance Foundation celebration. She said Chatham County Arts Council will be meeting tomorrow and the Arts Council Fundraiser will be held on September 28, 2019 in the Beverage District. Mayor Perry stated she attended the TJCOG Board of Delegates meeting for Commissioner Baldwin and Affordable Housing was the discussion, it was a very informative meeting. Mayor Pro Tern Baldwin thanked her for attending in her place. September 9, 2019 Minutes Page 2  NEW BUSINESS SITE PLAN REVIEW (SP-2019-04) 29 OLD ROCK SPRING CEMETERY RD Victoria Bailiff, Planner II shared that the proposal is to construct two, one-story buildings. The structure on Lot 1 is to be 7,225 square feet and will house an Automobile accessory retail business; the structure on Lot 2 is to house a 4,000 square foot restaurant. The current parcel will be subdivided into two lots through the minor subdivision process; however, there will be only one SCM to manage stormwater for both lots. The applicant will be constructing a sidewalk only along Old Rock Spring Cemetery Road and not Hillsboro Street due to the upcoming NCDOT Hillsboro Street Widening project. Staff recommends approval of the proposed request, subject to issuance of any additional local and state permits. The Planning Board posed questions regarding parking arrangements for each lot, stormwater runoff, trash pick-up and dumpster visibility. Ultimately, they found the plans to be satisfactory and recommended approval in a vote of 4-0. Ms. Bailiff said Elizabeth will talk with the Board about sewer allocation request. Ms. Goodson referenced the following memorandum submitted in the agenda packet: Background The town has received a request for sewer allocation for the site plan at 29 Old Rock Spring Cemetery Rd. Staff is still working on the formal policy or guidelines discussed in May and will bring that back before the board at an upcoming meeting however this request is accompanying the plan for consideration by the Board at this time. At the May 13, 2019 meeting, the board made the decision to allow allocation request to go up to 110% of the town's available sewer capacity at the WWTP. This request is within that threshold however there are other requests that have been submitted to the board prior to this one that have not been acted on due to the projects not being ready to go to the board yet. Summary ofthe Town's WWTP Sewer Flow and Allocation as o(May I, 2019: WWTP Permitted Flow Capacity Flow Plant State Threshold 750,000 GPD (GPD) Capacity Limit Percentage Annual Average (updated to 502,942 67% 80% Rule 2018) Permitted not yet Tributary 113,040 15% NIA Total Paper Flow 615,982 82% 100% Allocations Approved not yet Permitted: 120,369 GPD Remaining Capacity in Plant (up to 110%): 88,600 GPD approximately September 9, 2019 Minutes Page 3  (Town allocation request have now exceeded the 80% & 90% thresholds, per the Board direction at 5/13/19, allocations will be allowed up to 110% with the understanding that permits are signed on a first come, first serve basis) Current Requests for consideration September 12, 2019 - approximately 7100 GPD 1. The town has received the request for sewer allocation with the Site Plan submittal of 29 Old Rock Spring Cemetery Rd (retail/restaurant) for 7100 gpd. This request is for 2 lots: Lot 1 (Retail Building): 300 gpd and Lot 2 (restaurant): 6800 GPD. The sewer permit associated with this request has been submitted and is pending the action on allocation. Current Queue of upcoming project requests - for information only: It is important to note that the following projects have submitted allocation request with their projects in addition to the one under consideration at this meeting. These pending request total approximately 411,000 GPD of additional flow: Date Allocation Name of Project Sewer Flow Status of Project Request Received Requested 12/11/18, CP: Mosaic A 47,610 GPD * Master Plan Approved, Site Plan Revised Info Submitted, Anticipated Board mtg later provided with Site in 2019 Plan 7/22/19 * Request matches the Site plan and phasing for the first portion ofArea A construction. 12/21/18 Dancy 4,320 GPD Currently out of cycle Subdivision 3/14/19 Roberts Run Sub. 6,840 GPD Currently out of cycle 5/14/19 Roberson Walk 317,000 GPD MUPD under review, Anticipated BOC Revised 5/20/19 MUPD (former * later in 2019 Pittsboro Place) *Phasing ofproject, sewer expansion and additional capacity needed are being discussed along with timing of phased requests. 6/24/19 Griffin Farms 35,640 GPD Project Under Review Townhomes *Request associated with initial phase. In addition, staff recommends reserving approximately 2000 GPD for the future Town Hall. Staff Recommendations: 1. Discuss & provide direction on components of the future policy & guidelines: a. When does a request go to the board for consideration? The time most closely tied to the utility permits is the Subdivision Plan or Site Plan (with a utility extension) but another option would be at the first process that a project submits for (i.e. Zoning, MUPD, Master Plan). b. When a project moves faster through the process, do they advance in the queue? For example, this project submitted their request in March and is ready to have their September 9, 2019 Minutes Page 4  project considered by the board however there are several other projects who submitted earlier but have not progressed through the process they are on for consideration yet. c. When does a request expire? Staff would suggest that if there are 6 months between reviews with no resubmittal of the project, the sewer request and the project are considered out of cycle and the applicant must resubmit the sewer request to start the process over. d. Discuss past approved subdivisions that were not granted the full sewer requests. There are a few projects that were approved with a reduced allocation at the time of the project's subdivision approval. These are not currently showing on the list above. 2. Consider the request for sewer allocation for the Site Plan at 29 Old Rock Spring Cemetery Rd (retail/restaurant) for 7100 gpd. Commissioner Fiocco stated he would say yes to (c). 6 months? 60 days? Commissioner Fiocco said he would like for Ms. Goodson to put her thinking in the first draft and they can work on it from there. The Board agreed. Planning Director Jeff Jones suggested address the projects on the list and develop guidelines for requests going forward. Commissioner Bonitz returned at 7:55 p.m. John J. Priester with Cambridge Properties said if the site plan and sewer allocation are approved they will break ground in October. Commissioner Fiocco said he would recommend that the sewer allocation be tied to the validity of the site plan. After much discussion a motion made by Commissioner Foley seconded by Commissioner Fiocco to approve Site Plan-2019-04 located at 29 Old Rock Spring Cemetery Road. Vote Aye-5 Nay-0 After much discussion a motion made by Commissioner Foley seconded by Commissioner Farrell to approve the sewer allocation of 7,100 gpd and that it tied to the validity of the site plan. for a period of one year. Tim Smith, Chatham Park questioned others receiving sewer allocation in front of them, when their request was received first (2017). There was discussion about this. They are to submit a request for the additional gpd they currently need for the projects approved North & West (5,880 gpd). Vote Aye-5 Nay-0 SITE PLAN REVIEW (SP-2019-05) B&T HVAC 669 EAST ST. Victoria Bailiff, Planner II stated the proposal is to demolish the existing building on the property and construct a new, one story, 5,500 square foot office building. The office use will require 1,200 square feet and the remaining 4,300 square feet will be dedicated to storing HV AC September 9, 2019 Minutes Page 5 equipment. The parking lot is proposed to be gravel as only seven spaces are required. Staff recommends approval of the proposed request, subject to issuance of any additional local and state permits. Water and Sewer are within the immediate vicinity. A sewer service was previously provided to this lot and the new use will require less sewer flow than the previous business therefore no additional sewer allocation will be needed. The Planning Board had very few questions upon review of this project at their September 5, 2019 meeting; they found the plans to be satisfactory and recommended approval in a vote of 4- 0. Commissioner Fiocco mentioned possible drainage issues which the owner would have to deal with, but he should be aware of. Commissioner Fiocco questioned the number of trees to be used for buffers and stated they should be shown on the plan, so that when staff goes out they can make sure they are according to plan. Commissioner Fiocco said he wants to hold everyone to the same standard and in the future all plans fully documents the buffer trees. Motion made by Commissioner Farrell seconded by Commissioner Foley to approve SP-2019-05 B&T HV AC 669 East Street. Vote Aye-5 Nay-0 Mayor Perry stated she found the plan to be most informative she has seen since she has been on the board. OLD BUSINESS REVIEW OF DEVELOPMENT AGREEMENT WITH CHATHAM PARK INVESTORS, LLC. Jeff Jones, Planning Director state the Chatham Park Planned Development District (PDD) stipulates the execution of a development agreement between the Town of Pittsboro and Chatham Park Investors, LLC (CPI). A Development Agreement Application was submitted to the Town by CPI on December 8, 2016, following a "Pre-Application Meeting" held with the Town Board on December 7, 2016. At the July 22, 2019Town Board meeting the Board asked staff to prepare analysis of the development agreement as submitted by Chatham Park and give an overview of Development Agreements as provided for in North Carolina General Statutes. Mr. Jones stated during his analysis process he found a publication by of David Owens, Gladys Hall Coates Professor of Public Law and Government at UNC School of Government; summary of Development Agreements. This summary written in April of 2014 for the most part is accurate to today's current General Statues language, with the exception of length of term. As you will read in the summary past legislative language capped the number of years a Development agreement could be executed to a 20-year term before a newly executed September 9, 2019 Minutes Page 6  Development Agreement would have to be considered. Current language removes this cap, and states, Development agreements shall be of a reasonable term specified in the agreement. r Chatham Park is requesting a 40-year cap on the Development Agreement. This will need to be a discussion point the Board will want to consider during the process of adopting a Development Agreement with Chatham Park. Commissioner Fiocco asked if there isn't something in there where if there are State and Federal changes an amendment has to be made. Mr. Jones said yes for State and Federal rule changes. Commissioner Foley said since the UDO is not complete she is not comfortable with 40 years. Another item to consider is what is required to be in a Development Agreement. In David Owens' Summary - and consistent with current General Statutes - a development agreement must describe the proposed development of the property in some detail. The level of detail required is substantially greater than that required for a rezoning petition and, in some respects, more detailed than the information often required for a special or conditional use permit application. The development agreement must address the types of land uses, population density, building types, intensity of uses, placement of buildings on the site, and building designs. This will often involve use of exhibits or attachments, such as site plans or sample building elevations. These exhibits need to be explicitly referenced and incorporated into the agreement. Given the duration of these agreements and the reasonable likelihood that those directly involved in development agreement approval may not be available to resolve questions in the latter stages of the development, careful attention to specificity and record keeping on this point is important for practical as well as legal reasons. [ After analysis of this paragraph, along with the General Statutes,§ 160A-400.25 (a)(3); The development uses permitted on the property, including population densities and building types, intensities, placement on the site, and design, and the development agreement itself 4.5 Development Uses -A broad range of residential, institutional, and commercial land uses are authorized and provided for in the Master Plan, Additional Elements, and Small Area Plans. Mr. Jones stated he believes the Development Agreement is too early in the process for a Public Hearing or any other action until such time as the Small Area Plan is submitted and properly reviewed by the Town. When the Town does consider the Development Agreement submitted by Chatham Park, the one item to note is section 4.4 Law in Effect at the Time of the Agreement Governs the Development; Vested Rights. Essentially, this section lock Chatham Park Develop into approved Master Plan, Additional Elements, Small Area Plan, Development Agreement, and any other Town Ordinances in place at the time of approval. If subsequently the Town adopts future ordinances, those ordinances will not apply to development on land covered by the Development Agreement. Only with the written consent of the Developer and changes to document governing development in Chatham Park would any new ordinance apply. Mr. Jones stated he thinks the Small Area plans need to be in place before adoption of the Development Agreement. One was submitted years ago but with an understanding it was not under review. September 9, 2019 Minutes Page 7 This is voluntary it is not something we have to do, it is something Chatham Park wants. There are some things that need to be worked out. Feel like we are early in the process. Don't know why we would want to move forward with a public hearing when we don't have enough details. Mr. Jones said we can start the process, but we are not ready for a public hearing - will not stop the review because we don' t have the Small Area Plan. Mayor Perry said we are not ready for this . Ken Eagle introduced Mac McCarley, Partner in Parker Poe Adams & Bernstein, LLP out of Charlotte, and gave his credentials. Mac McCarley asked that board to look at the Development Agreement as the wrapper to go around all the work they have done in the last two years. Believe they meet the details of the statutes. Mr. McCarley said the Board is no giving up your authority on Small Area Plan or Affordable Housing, they will come before the board for approval. He stated they hear Jeffs concerns and they will redraft the agreement to address them. Chatham Park is making a large investment in this community and they want a guarantee they are protected. Commissioner Farrell stated he is concerned about the 40 years as well. Mr. McCarley stated Pittsboro will have the largest area of coverage by a Development Agreement in NC, you are making history. Commissioner Foley said 40 years is too long. Mr. McCarley said the statute state 25 acres and 20 years cap - the amount of investment and land is going to require more time. Mr. McCarley said he would like to continue working with staff to get answers back to them on their comments. Mr. Jones said once again we do not need to be holding a public hearing when we don't have all the documents. BOARD DIRECTIVES HERBICIDE BAN (MAYOR PERRY) No update. BAN PLASTIC BAGS (MAYOR PERRY) September 9, 2019 Minutes Page 8 Mayor Perry stated yesterday the Girl Scouts that came here to talk about straws and other plastics materials were out and about around town taking their word to the people so they would understand about the billions and billions of straws used each day. DRINKING WATER CONCERNS (MAYOR PERRY) Mayor Perry said the letter has went out, she received it in her water bill today. ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Farrell said Mark Davis called him today to make sure it was still okay with the Town for him to place the 7x10 Santa House at Page Vernon Park. The Board agreed and said it would be nice if it could be in place by the Tree Lighting Ceremony. Commissioner Foley said at Powell Place there has be a lot of discussion about trees dying, not just the ones that are being moved. She wanted to know who is responsible for replacing them. Planning Director Jeff Jones said he has been telling people the HOA is because it is a requirement of Powell Place. Commissioner Fiocco said asked Mr. Jones if he could share staff comments made to the applicant regarding the Development Agreement (Chatham Park). Mr. Jones said he has a redlined version and he will send it to the Board. Commissioner Fiocco said there is a fire hydrant at the intersection of Midway and Credle and it has had a bag on it for months which tells him it is not functional. Manager Gruesbeck said he would check into that. Commissioner Bonitz asked when exactly staff learned of the Thompson Street culvert replacement. Ms. Goodson said that Chatham Park is doing it. Commissioner Bonitz questioned the effect on downstream properties. Ms. Goodson said this was reviewed and approved by NCDOT because it is on a State Road. Commissioner Bonitz voiced concern about widening the culvert. Manager Gruesbeck said they have a preconstruction meeting on the 16th and he can ask questions and bring something back. Commissioner Bonitz said he has expressed several times his hope that we will be working toward solutions in long term but also in near term. What if the dam would break - how would we get County connection? He asked that we have conversation with the County with some sense of urgency regarding this. Commissioner Bonitz said as one Commissioner would like to know the cost and see what options are available. Commissioner Gruesbeck said he is trying to set a meeting with Sanford and the County this week. September 9, 2019 Minutes Page 9 Ms. Goodson said they are working on the bigger picture. Commissioner Bonitz said he would like to hear about getting water from the County to Town system as an interim measure. After discussion, Staff will report back later with findings. ADJOURNMENT Motion made by Commissioner Fiocco seconded by Commissioner Foley to adjourn at 9:55 p.m. Vote Aye-5 Nay-0 ATTEST: d~~ AficeF. cMC,N(: Lloyd, C Town Clerk September 9, 2019 Minutes Page 10