1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS MONDAY, OCTOBER 14, 2019 REGULAR MEETING 7:00 PM Mayor Pro Tern Pamela Baldwin called the meeting to order and asked for a moment of silence. PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Commissioner Jay Farrell. ATTENDANCE Members present: Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Jay Farrell, Michael Fiocco and Bett Wilson Foley. Mayor Perry excused absence. 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 and Engineer Elizabeth Goodson. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the regular [ agenda as submitted. Attorney Messick stated that Staff has requested that #1 Old Business (Tillman Communication Tower) be removed from the agenda and that #10 be added to the Consent Agenda scheduling a Public Hearing on Special Use Permit (SUP-2019-01) for Tillman Communication Tower on October 28, 2019 at 7:00 p.m. Commissioner Fiocco and Commissioner Foley amended their motion to make those changes. Vote Aye-5 Nay-0 CONSENT AGENDA Corrections to the September 23, 2019 minutes are as follows: Pg 3, last paragraph prior to Commissioner/Manager Updates: the word "closed" should be "closely" and Pg. 3 Commissioner Baldwin's Update regarding the Fair: Strike "She also". Commissioner Fiocco asked that Item #5 be moved to Old Business #1, Commissioner Farrell asked that Item #2 be moved to Old Business #2. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the consent agenda with the above modifications. The Consent Agenda contains the following items: 1. Approve Minutes of the September 23, 2019 meeting. (with corrections) 2. Authorize the Town Manager to execute the NCDOT Transportation Improvement Project Municipal Agreement with Betterments and authorize the October 14, 2019 Minutes Page 1  Town Manager to execute the NCDOT Utility Engineering and Construction Agreement. (Moved to Old Business #2) 3. Approve NCDOT Utility Engineering and Construction Agreement. 4. Approve Ordinance Amending the Capital Project Budget for Traffic Circle Project. 5. Approve Water Treatment Plant (WTP) Pilot Testing Agreement with CDM. (Move to Old Business #1) 6. Approve Ordinance Amending the 2019-2020 Operating Budget for Water Treatment Plant Pilot Testing. 7. Approve Ordinance Amending the 2019-2020 Operating Budget for FEMA Obligation. 8. Set Evidentiary Hearing (SUP-2019-03) for Special Use Permit for Music Studio at 2411 US 64 Business for October 28, 2019 at 7 p.m. 9. Set Public Hearing for proposed Zoning Text Amendment (ZTA-2019-05) for proposed changes to Sign Ordinance for October 28, 2019 at 7 p.m. 10. Set a Public Hearing for Special Use Permit (SUP-2019-01) for Tillman Communication Tower located at Mitchells Chapel Rd/Alston Horton Service Road. Vote Aye-5 Nay-0 AN ORDINANCE AMENDING CAPITAL PROJECT BUDGET FOR TRAFFIC CIRCLE PROJECT IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 112-113 AN ORDINANCE AMENDING THE 2019-2020 OPERATING BUDGET (PILOT TESTING PROJECT) IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 114 AN ORDINANCE AMENDING THE 2019-2020 OPERATING BUDGET (FEMA) IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 115 CEREMONIAL RESOLUTION FOR PEACE IN THE TOWN OF PITTSBORO Mayor Pro Tern Pamela Baldwin read the resolution as follows: RESOLUTION FOR PEACE BY THE PITTSBORO BOARD OF COMMISSIONERS WHEREAS, Pittsboro is a unique and peaceful community. Pittsboro's people and businesses are known across the State as a wonderfully welcoming community; and October 14, 2019 Minutes Page 2  WHEREAS, the peace of our community has recently been disrupted by disagreements over the Confederate statue and the posting of Confederate flags; and WHEREAS, the Chatham County Commissioners, not the Pittsboro Board of Commissioners, have title to the Courthouse Circle; and WHEREAS, the recent addition of Confederate flags, one inside the Town limits and one in the Town's Extra-Territorial Zoning Jurisdiction, plus violent and disrespectful confrontations in Downtown Pittsboro have divided our community, have brought fear to our children and their parents, and have brought people from out of town and from other states to demonstrate and protest; and WHEREAS, these activities do not reflect Pittsboro's welcoming atmosphere, and these activities are hurting the community, businesses in the area of Downtown, and have increased the need for law enforcement presence overseeing these demonstrations; and WHEREAS, the Town of Pittsboro Board of Commissioners acknowledge that all citizens have the right of free speech, right of assembly, and right to petition the government. And, the Town Board is united that those rights should be exercised without fear, without intimidation, and without violence. NOW, THEREFORE, the Pittsboro Town Board of Commissioners implores the citizens who wish to express their First Amendment Rights to do so without extremism, without violence, I and without injury to persons, businesses or property. AND FURTHER, that the Pittsboro Town Board of Commissioners reject acts, symbols and messages which divide our community, and we urge citizens to work toward open communication, dialogue and reconciliation, recognizing our shared humanity, equality and dignity for the benefit of unity and peace in our exemplary town. This is who we are. Adopted this 14th day of October, 2019. Motion made by Commissioner Bonitz seconded by Commissioner Foley to approve the resolution as read. Vote Aye-5 Nay-0 A RESOLUTION FOR PEACE BY THE TOWN OF PITTSBORO BOARD OF COMMISSIONERS IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 186 REGULAR MEETING AGENDA CITIZENS' MATTERS Ron Hatley-PO Box 67 Bynum - Mr. Hatley invited the Board to the Festival of Pumpkins on the Bridge in Bynum on October 31, 2019 starting at 6 p.m. Manager Gruesbeck showed photos of the pumpkins while Mr. Hatley was speaking. October 14, 2019 Minutes Page 3 Randy Voller - 21 Randolph Court - Pittsboro - Mr. Voller stated he was addressing the Board as the former Mayor. Once again experiencing a Town Board race where pulling out Commissioner Farrell has been accused of being a rubber stamper. I served with him many years and we disagreed many times, so I can personally say that he is anything but a rubber stamper, he is his own person. As for Commissioner Fiocco (who is not even running) he comes to meetings prepared. In fact he would say his agenda packets were red lined like an editor or professor when he came to a meeting. From his point of view he don't think it is right to insinuate he is unethical unless there is proof. If there is proof show us - otherwise he don't want to read or see anything that insinuates that members of this board who he know works very hard are unethical or on the take because that is not what he observed during his time on the board. He wanted to put this on the record. He know that he and Jay have had a few arguments and he was never a guy I could come up to and say Jay do this. Commissioner Farrell thanked Mr. Voller for his comments and stated they didn't always agree, but at the end of the night they could shake hands. Commissioner Bonitz stated he feels compelled to respond and put it on the record himself. At Saturday' s Candidate Forum organized by Eastern Chatham NAACP he made statements that warrant clarification. He made it clear he had no financial interest in public service which is why he feel he can speak freely about the developments here in town, good and bad. He also said everyone brings an agenda to public service and he urged voters to think about what candidates say and don't say. Commissioner Bonitz said he did say those things and then afterwards two people came up to him and asked him if he had evidence of any wrongdoing or financial mischief he must come forward with it. He now see that connection that others may have drawn. The word agenda and possibility of wrongdoing or financial mischief and two totally different things. Commissioner Bonitz said to be clear he don't think anyone on this board is doing anything legally wrong, don't believe anyone on this board is on the take. He don't believe any of his fellow Town Commissioners have violated any laws or take money inappropriately or anything of that sort. Truly believe each of his fellow Commissioners and Mayor are upstanding law abiding leaders, each of whom believes we are doing the right thing. Mayor Pro Tern Baldwin thanked Commissioner Bonitz for his comments and stated that she believe all the members of the Board are law abiding citizens and they don't do the job for the money but because they love Pittsboro. Commissioner Fiocco said he appreciates the clarification and that he would implore him to be a little more careful with his statements. COMMISSIONER/MANAGER UPDATES October 14, 2019 Minutes Page 4  Manager Gruesbeck stated he would be brief and mentioned the Street Fair on October 26, 2019. He stated we are still planning to have it, but we may have lot look at alternatives due to recent protests. Mayor Updates • EDC - Commissioner Fiocco stated they received a presentation from a Planning Consultant that has been hired by the County to prepare an UDO. The UDO is scheduled to take 3 years and 8 months to complete. • RPO • Fairground Association • PEA/Downtown • Triangle J Council of Governments • Main Street - Commissioner Fiocco said they are working to establish a Visitor Center Downtown at the Old Capital Bank. Agreement with the property owner to apply for a Fa9ade Grant to give it an upfit. • Climate Change • Human Relations Committee • Parks and Recreation - Commissioner Farrell attended the October 9, 2019 meeting where they received an update design on Lewis Freeman Park. • Chatham County Arts Council - Commissioner Foley stated the Arts Council program within the schools will start on October 28, 2019 at Bennett with a local artist Mike Wiley. NEW BUSINESS I SITE PLAN REVIEW (SP-2019-03) FOR TIOGA AUTO REPAIR AT COMMERCE COURT (PARCEL 82336) Planner II Victoria Bailiff stated the proposal is to construct a 3,720 square foot Auto Repair Shop. This use requires 9 parking spaces; 18 will be provided, 12 paved in the front and side of the building with 6 gravel spaces in the rear. The proposed percent impervious surface for this site is 69. 7%. Staff recommends approval of the proposed request, subject to issuance of any additional local and state permits. The Planning Board found the plans to be satisfactory and recommended approval in a vote of 6- 0 at their October 7, 2019 meeting. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve SP-2019- 03 for TIOGA Auto Repair at Commerce Court subject to issuance of any additional state and local permits. Vote Aye-5 Nay-0 OLD BUSINESS WATER TREATMENT PLANT (WTP) PILOT TESTING AGREEMENT WITH COM Commissioner Fiocco questioned the agreement where it says the testing equipment would be delivered and the owner will install ... he wanted to know if there would be additional cost for October 14, 2019 Minutes Page 5 getting it installed. Manager Gruesbeck stated he spoke with Mr. Pickett and he feels the installation can be done with the current operation budget and current staff. Commissioner Farrell and Mayor Pro Tern Baldwin was a little surprise by the cost. After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Bonitz to approve the Pilot Testing Agreement with CDM. Vote Aye-5 Nay-0 NCDOT TRANSPORTATION IMPROVEMENT PROJECT MUNICIPAL AGREEMENT WITH BETTERMENTS AND THE NCDOT UTILITY ENGINEERING AND CONSTRUCTION AGREEMENT Commissioner Farrell asked if the water main is going to Small Street or Masonic Street. Ms. Goodson said it was closer to Masonic Street. Commissioner Farrell asked if we got a price from Hydrostructures for design. Ms. Goodson said it is a DOT project. Commissioner Farrell asked about the $13,000 cost for handrails. Motion made by Commissioner Fiocco seconded by Commissioner Bonitz to authorize the Town Manager to execute the NCDOT Transportation Improvement Project Municipal Agreement with Betterments; Authorize the Town Manager to execute the NCOT Utility Engineering and Construction Agreement. Vote Aye-4 Baldwin/Bonitz/Fiocco/Foley Nay-1 Farrell ZONING TEXT AMENDMENT (ZTA-2019-04) PLANNED UNIT DEVELOPMENTS Planner II Victoria Bailiff reported that Dan Morse is requesting an amendment to Article 5 of the Pittsboro Zoning Ordinance, specifically section 5.3.3.38, subsections C and D. The special use permit requirements for Planned Unit Developments are contained in Section 5.3.3.38; the proposed amendments to this section would change density regulations for PUDs in the R-15 zoning district and the configuration of the recreation space within PUDs in any zoning district. The requested changes to Subsection C would include the addition of the following highlighted text: The maximum number of dwelling units per gross acre shall be no greater than that permitted in the underlying zoning district in which the proposed PUD is located except, that in the R-12 and R-10 zoning districts, the maximum number of dwelling units in a PUD shall not exceed twelve units per gross acre. In the R-15 zoning district, the maximum number of dwelling units in a PUD shall not exceed eight units per gross acre. In Subsection D, the applicant is requesting that the highlighted text be removed from the ordinance: October 14, 2019 Minutes Page 6  Play areas shall be provided for all residential building groups with over five units and shall contain a minimum of 56 square feet per unit with each play area not to exceed 4,000 square feet. Staff is recommending approval of the requested change to subsection C; however, Staff is recommending the following alteration to the language in Subsection D. Play areas shall be provided for all residential building groups with over five units. The play areas shall contain a minimum of 56 square feet per unit and each unit must be located within 1,320 feet (five-minute walk) of the play area by way of sidewalk or multi-use path. If the play area cannot meet the geographical requirement, then multiple play areas must be provided so as to provide recreation space within a five- minute walk from every residence. Regardless of the number ofplay areas, each must be in a centralized location within the Development. After discussion Commissioner Fiocco recommended that the last sentence above be removed "Regardless of the number of play areas, each must be in a centralized location within the Development." Motion was made by Commissioner Fiocco seconded by Commissioner Foley to approve a Resolution Adopting a Consistency Statement for an Amendment to the Zoning Ordinance ZTA- 2019-04. Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the Ordinance Amending the Zoning Ordinance Planned Unit Developments ZTA-2019-04 deleting the last sentence "Regardless of the number of play areas, each must be in a centralized location within the Development". Vote Aye-5 Nay-0 A RESOLUTION ADOPTING A CONSISTENCY STATEMENT FOR AN AMENDMENT TO THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO PLANNED UNIT DEVELOPMENT ZTA-2019-04 IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGE 187 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE TOWN OF PITTSBORO PLANNED UNIT DEVELOPMENTS ZT A-2019-04 IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 116-117 SEWER ALLOCATION GUIDELINES Engineer Elizabeth Goodson said the proposed draft Sewer Allocation Guidelines includes: • A process for new projects to obtain approval of sewer allocation prior to connecting to the town's wastewater system. • A process for existing buildings that have had sewer previously connected to provide updated information to tract the change in sewer use. October 14, 2019 Minutes Page 7 She has also revised the sewer allocation requirements for existing structures or projects with existing sewer services to more clearly speak to an update process rather than a new sewer allocation approval process. During discussions the following changes were made: General Requirements: f - delete the last sentence "The Town may grant project approval extensions without the corresponding sewer allocation extension." Existing structures or projects: a- delete "or development project" d - ii - add after sewer "connection" Add "a process for existing single-family homes on an existing lot" New Projects: a - replace "accepted" with "required" in the first sentence Procedure for Processing a Request: a - delete "timely" in the first sentence Allocation run with approval There was discussion about creating a process for new single-family homes and accessory dwellings to be exempt from having an engineer's letter, that staff can determine the flow rate. The Board thanked Ms. Goodson for all the work she put into this draft and asked that she bring it back with those changes for approval. TRAFFIC CALMING POLICY Manager Gruesbeck stated he presented them an updated policy which includes their input from the May 2019 meeting which included: Petitions - Residents may be required or allowed to initiate a petition expressing a need for a traffic calming device. The petition would be an important expression of support for traffic calming from neighboring residents. Additional Traffic Calming Options - The Board suggested that alternatives to "speed tables" or "speed bumps" be a part of a traffic calming best practice. Commissioner Bonitz stated he would also like to remind neighborhoods they can form neighborhood associations and that staff provide education on some options they can take on their own. After discussion Planning Director Jeff Jones stated that he and Engineer Elizabeth Goodson will take a look at this draft and bring it back for further review. October 14, 2019 Minutes Page 8  BOARD DIRECTIVES - none scheduled ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Fiocco asked if there was an update on 87 circle lighting. Manager Gruesbeck stated they are working on it. Commissioner Foley said the road in front the apartments have been widened as promised, it has really helped. Commissioner Bonitz stated he is pleased to make progress on water testing. He remains concerned about what we can do in the near term. He would still like to see options on paper to decrease the pollutants in our drinking water. Commissioner Baldwin passed out Clean Water pamphlets. Commissioner Foley announced a meeting on October 16, 2019 from 6-8 held by Haw River Assembly on How Safe Is Our Drinking Water. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the minutes with the two minor corrections that was at our desk tonight. Vote Aye-5 Nay-0 CLOSED SESSION Motion made by Commissioner Farrell seconded by Commissioner Fiocco to go into closed session pursuant to NCGS 143-318.11 (a)(3) to consult with the Town Attorney regarding pending litigation. Vote Aye-5 Nay-0 Motion made by Commissioner Foley seconded by Commissioner Farrell to take a five minute break. Vote Aye-5 Nay-0 Motion made by Commissioner Farrell seconded by Commissioner Foley to go back into closed sess10n. Vote Aye-5 Nay-0 October 14, 2019 Minutes Page 9  ADJOURNMENT Motion made by Commissioner Farrell seconded by Commissioner Foley to adjourn at 10:12 p.m. Vote Aye-5 Nay-0 ATTEST: Alice F. Lloyd, CMC, NCC , Town Clerk October 14, 2019 Minutes Page 10