1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS MONDAY, OCTOBER 28, 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 Pledge of Allegiance was led by Commissioner Farrell. ATTENDANCE Members present: Mayor Cindy S. Perry, Mayor Pro Tern Pamela Baldwin, Commissioners 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 T. Crutchfield, Planning Director Jeff Jones, Planner II Victoria Bailiff and Engineer Elizabeth Goodson. Commissioner Farrell stated he would like to add a closed session at the end to discuss a personnel issue that happened. Commissioner Fiocco stated he would like to add as New Business #1 a Resolution of Support for a Welcome Center in the old Capital Bank Building. [ Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to approve the regular agenda as submitted adding the above items to the agenda. Vote Aye-5 Nay-0 CONSENT AGENDA Commissioner Farrell said he wanted to state for the record that it was his intentions to vote "yes" on the pilot testing and "no" on the NCDOT downtown betterments and he would like for the records to reflect that. The following corrections were requested to the October 14, 2019 minutes: Corrections from Commissioner Fiocco: • Page 5, Mayor Updates, EDC: Please add the sentence "The UDO is scheduled to take 3 yrs. and 8 months to complete." • Page 5, Mayor Updates, Main Street: Change "uplift" to "upfit" • Page 5, last sentence: change "is" to "it" Corrections from Commissioner Farrell: October 28, 2019 Minutes Page 1 I need to make 2 adjustments to the minutes from October 14, 2019. I intended to vote YES to the water treatment plant testing agreement and vote NO to the DOT betterments regarding the $13,000 hand rails. (Page 6 - Pilot testing vote would be 5-0) (Page 6 - NCDOT Betterments and Utility Engineering & Construction Agreement vote would be 4-1 (Aye-4 Baldwin/Bonitz/Fiocco/Foley Nay-1 Farrell)) Motion made by Commissioner Fiacco seconded by Commissioner Farrell to approve the consent agenda with the modification to the minutes as listed above. The Consent Agenda contains the following items: 1. Approve Minutes of the October 14, 2019 meeting. (With the corrections above) 2. Accept the Financial Reports for September 2019. Vote Aye-5 Nay-0 EVIDENTIARY HEARINGS Mayor Perry stated there are two evidentiary hearings tonight. Motion was made by Commissioner Baldwin seconded by Commissioner Fiacco to go into the evidentiary hearings . Vote Aye-5 Nay-0 Mayor Perry swore in the witness for both evidentiary hearings (including staff). SPECIAL USE PERMIT REQUEST (SUP-2019-03) FOR MUSIC STUDIO AT 2411 US 64 BUS Planner II Victoria Bailiff stated Luke McMahan is requesting a special use permit to operate a music studio along US Highway 64 Business West, in the R-A2 zoning district, where music studios are required to obtain special use permits. The applicant is proposing to use the existing structure on the property for the studio. Ms. Bailiff entered into the record Exhibit I provided to the Board in the Agenda Packet. Information can be found here: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC ={9FB4E92E-2F63-4331-A87O- 02EC88CB5567}&DE= {E lB67DB9-AEF9-4571-96AC-22F69D2541 CA} (SUP-2019-03 2411 US 64 Bus Music Studio PubHear 1028.19 DOCUMENTS(l)) Mayor Perry accepted the information in the agenda package into evidence. The Applicant was present (sworn) to answer any questions. Commissioner Fiacco asked are there going to be any site improvements. Mr. McMahan said no. Commissioner Fiacco asked does staff find the site plan to be complete. Ms. Bailiff said yes, they do. Oct ober 28, 2019 M inutes Page 2  Commissioner Farrell asked are you planning on using the back building at this time. Mr. I McMahan said not at this time. Motion made by Commissioner Foley seconded by Commissioner Fiacco to go out of this hearing. Vote Aye-5 Nay-0 SPECIAL USE PERMIT REQUEST (SUP 2019-01) FOR TILLMAN COMMUNICATION TOWER AT MITCHELLS CHAPEL ROAD Planner II Victoria Bailiff stated Tillman Infrastructures is proposing the construction of a communication tower, 300 feet in height. This tower is to be located at corner of Mitchells Chapel Road and Alston Horton Service Road on parcel 68162. This parcel is in the R-A2 zoning district, where communication towers over 50 feet in height are required to obtain a special use permit. Ms. Bailiff asked that the information provided by the applicant which was included in the agenda packet be used as evidence. Information can be found at: https ://pittsboronc.gov/index .asp?Tvpe=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE= {E1B67DB9-AEF9-4571 -96AC-22F69D2541 CA} (SUP-2019-01 Tillman Communication Tower PubHear 10.28.19 DOCUMENTS(l)) Mayor Perry accepted the information into evidence. Karen Kemerait, Attorney with Fox Rothchild, LLP in Raleigh, presenting the Applicant and Landowners Lynn and Ellen Mann. Ms. Kemerait has with her tonight: Jim Horner - Tillman Representative; Lynn Mann - Property Owner; Sapma Mohanan - Verizon; Amanda Price - Verizon; and David Smith - Land Appraiser. Ms. Kemerait stated a public hearing was held in April and they went to the Planning Board after the Public Hearing. They received unanimous approval from the Planning Board. They were supposed to come back before the board for a final vote to weeks ago but what they determined shortly before the hearing was is there had been a very technical deficiency in the notification that was provided in advance of the original public hearing. Because of that they determined because the notice did not contain the technical language required by statute, they wanted to make sure the process complied with the statutory requirements, so they agreed to start the process over with a new public hearing so that is why they are here this evening. Ms. Kemerait went through the application to show they have met all the requirements of the ordinances and also to show all the requirements for the Special Use Standards have been meet. She gave the Project Description: October 28, 2019 Minutes Page 3 To provide wireless telecommunications coverage for Verizon in the Town of Pittsboro and the surrounding area, Tillman respectfully requests that a Special Use Permit be issued so that Tillman Communication may develop a telecommunications facility to be located at the comer of Alston Horton Service Road and Mitchell's Chapel Road in the Town of Pittsboro. The proposed telecommunications tower and facility will be constructed within a 100-foot by 100 foot leased area and guyed wire easements of the 23 .34 acre parcel that is zoned Residential Agricultural 2 (RA-2). The site will be located approximately 500 feet from the nearest residence, 691 feet from Mitchell's Chapel Road, 508 feet from the property line to the north, 422 feet from the property line to the south, and 366 feet from the property line to the west. The site will be accessed by a twelve-foot wide ingress/egress gravel road off Mitchell's Chapel Road. The proposed tower is a 300-foot tower that will have small equipment cabinets for each collocating service provider at the base of the tower on concrete pads within the tower compound. The tower and 100 foot by 100 foot fenced compound will have room to accommodate the antennas and equipment of Verizon and two other wireless service providers. The tower compound will be secured by a six foot tall chain link fence with three strands of barbed wire at the top. The proposed tower will comply with all FAA regulations, as well as all applicable regulations of the Town of Pittsboro Zoning Ordinance. The site provides for ample parking, though little will be required, tum-around space, and controlled traffic movement. This site is an ideal location for a telecommunications facility to provide Verizon's wireless telecommunications services in this area of the Town of Pittsboro. Ms. Kemerait asked that the application be entered into the record it can be found at: https://pittsboronc .gov/index.asp?Tvpe=B BASIC&SEC= {9FB4E92E-2F63-43 31-A87D- 02EC88CB5567} &DE= {E1B67DB9-AEF9-4571-96AC-22F69D2541 CA} (SUP-2019- 01 Tillman Communications) Commissioner Fiocco stated there is quite a bit of information here, and he had a problem locating what was Exhibit I and he can't find anything labeled Exhibit 1. There are specific references to Exhibit 1 and Exhibit 2 and he can't find Exhibit 1. He said there are also reference in the printed information that don't exist. Although, when you spoke you gave the correct ordinance references. Ms. Kemerait asked that the evidence she presented tonight be received. She would ask that the totality of the evidence along with the information presented this evening be entered into the record. Any technical mistakes/oversights be corrected through her discussion this evening and through the evidence to be presented through the witnesses. Attorney Messick said corrections can be made. October 28, 2019 Minutes Page 4  Ms. Kemerait said it don 't change the substance of the application. Commissioner Fiocco said he would opt to hold open, to get those corrections made, must our policy is it must be closed in order for it to go to the Planning Board. Attorney Messick said in order to correct the errors it needs to left open. Bob Hornik - stated the errors need to be corrected. There are other procedural issues that need to be addressed as well. Ms. Kemerait called Mr. David Smith: What is your occupation? State Certified General Real Estate Appraiser How long? Approx. 35-40 years Current place of employment? Self-employed Background? Attended Duke University, had numerous courses to obtain MAI designation Are your educational and professional credentials included in your report? Yes What were you asked to do? He was asked to give his opinion as to whether or not this tower would adversely affect the value of adjoining or abutting property. What did you find? Based on his knowledge it will not affect the value of adjoining or abutting properties. Bob Hornik - stated he is here on behalf of his client SBA and he feels they have a substantial I interest in this application as their tenants will be coming off his client' s tower if Tillman is allowed to structure this tower. There was discussion on whether Mr. Hornik client's SBA had standing to participate in the public hearing. Commissioner Fiocco asked Mr. Smith since his opinion was based on plans dated February 2019 and the plans tonight are dated September of this year are there any changes that would change his opinion. Mr. Smith said his concern was the height of the tower so, no it would not change his opinion. Ms. Kemerait called Lynn Mann: Lynn Mann stated he along with his sister own the property and he serves as the spokesman. He stated Tillman came to them about putting a tower there, at first he didn't want a tower but as he looked at it, it was on the back portion of his property that he can't use, so it would make that corner more profitable. The only way he would even consider talking with them is he told him he wanted to move the road to the north end of the property so there would be a property boundary at the north end because it had never been anything but open land. The road off the north side of the property going to the cell tower would give the new property owners exactly where the road was going to be. He wanted to get the road from the back end of the other people' s property. He thought he was being a good neighbor. October 28, 2019 Minutes Page 5 He also asked about health issues and he didn 't see any problems with the tower. Ms. Kemerait called Sapma Mohanan: Where do you work? Verizon What is your title? Engineer in Real Estate How long have you worked with Verizon? 7 years Verizon currently leases space ½ from the Tillman site from SBA. What will you do when Tillman Tower is constructed? We will terminate lease with SBA and move with Tillman just strictly a customer experience focus . Explain? Verizon is looking to move to Tillman because it will be a cost savings. Focus is the customers and any cost savings they have can well be put into the tower by way of upgrades, equipment, technologies. Would there be any significant cost savings if you were to move? Yes, about 40% cost savings. Commissioner Baldwin asked Mr. Smith if he did a property value on the current cell tower. He said he did not because the same person owns all the surrounding property and none has sold. Tim Greenlee - 172 Alston Horton Service Road - He lives south of where the cell tower is proposed. He has lived in his house 13 years. They are now enjoying the fruits of their labor and it makes all the years they have lived here so enjoyable. Their property now looks like they hoped it would. Mr. Mann' s property from his back door is approximately 50 feet behind his house to the property line. There will be a guide wire on the edge of their yard. The tower will appear to be coming off his back porch when he drives in the yard. They know it is about big money. Meanwhile the beauty of their home will be diminished. They would not buy a home with a cell tower so close to a property, he is sure you wouldn' t either. For the sake of their investment he asks that they find a new location and think hard about the situation and not about the money. Mr. Greenlee submitted photo into the records : https ://pittsboronc.gov/index.asp?Tvpe=B BAS IC&SEC= {9FB4 E92E-2F63-43 3 l-A87D- 02EC88CB5567} &DE= {E 1B67DB9-AEF9-457 l -96AC-22F69D254 l CA } (Tim Greenlee 102819) Kathleen Greenlee - 172 Alston Horton Road read a prepared statement into the record along with submitted pictures and information which can be found at: https://pittsboronc.gov/index. asp?Tvpe=B BAS IC&SEC={9FB4E92E-2F63-433 l-A87D- 02EC88CB5567}&DE= {E1B67DB9-AEF9-4571-96AC-22F69D2541 CA } (Kathleen Greenlee 102819) October 28, 2019 Minutes Page 6  Sidney Taylor - 106 Donald Ross Drive, Raleigh - stated his family own property to the west of the Mann Property. Their property is adjacent to where the proposed tower will set. He feels it I is bad business to have cell towers in residential neighborhoods. He stated a 2010 New York Time Article stated that property value will decrease 4-10% depending on height and closeness of property to towers. He don't object to technology just don't think cell tower belong in residential neighborhoods. There is already one in this small neighborhood . Bob Hornik stated he represents SBA, LLC. They own a tower 200 feet away on the south side of 64. AT&T and Verizon have said they will break their lease with SBA to go with Tillman - based on that only his client has standing. Karen Kemerait read a prepared memo that she passed out and explained. https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={El B67DB9-AEF9-4571-96AC-22F69D2541 CA} (SBA lack of standing to participate 102819) Commissioner Bonitz said he is puzzled it seems like the tower would be real property. The Board agreed to hear from Mr. Hornik. Mr. Hornik asked that they look at Page 3 of the SUP Application-Jeff Webb signed for Tillman; Site Plan Application - Jeff Webb signed there is nothing in the record the gives Jeff Webb authority to sign. I The application has not been signed by Mr. Mann although he is present tonight giving testimony. The document Mr. Smith provided was not an appraisal it was an impact analysis. Cobblepoint tower he spoke about was built before any of the homes were built so that is like comparing apples to oranges; 924 Sanford Rd tower is 250 feet and was built in 1992 it is 50 feet shorter - you have to consider what weight if any to give to that impact analysis in trying to access what the impact of this 300 feet tower will be. He ask that they consider those factors when they review the application. Mr. Hornik said all the other items may have been met but harmony with the neighborhood is not met. Commissioner Fiacco asked does Jeff Webb have authority to sign the applications. Jim Horner, Tillman Communication said yes he does all their agents do . Ms. Kemerait stated that Mr. Hornik's client SBA also has a 300 ft. tower as well. His objection is completely because of competition. He even stated that all the others items have been met but harmony has not. October 28, 2019 Minutes Page 7 Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to hold the public hearing open until the first meeting in November 2019. Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to go out of Evidentiary Hearings. Vote Aye-5 Nay-0 PUBLIC HEARING ZONING TEXT AMENDMENT (ZTA-2019-05) SIGN/FLAG ORDINANCE AMENDMENT The following written comments from individuals prior to the meeting for the record: Gregory Flood - can be found at: https://pittsboronc .gov/index.asp?Tvpe=B BASIC&SEC= {9FB4E92E-2F63-433 l-A87D- 02EC88CB5567}&DE={El B67DB9-AEF9-4571-96AC-22F69D254 l CA} (Gregory Flood written comments) Kyle Shipp - can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-433 l-A87D- 02EC88CB5567}&DE={E 1B67DB9-AEF9-4571-96AC-22F69D254 l CA} (Flag Ordinance Language Shipp) Eugene Davis - can be found at: https ://pittsboronc.gov/index.asp?Type=B BASlC&SEC= {9FB4E92E-2F63-433 l-A87D- 02EC88CB5567}&DE={E l B67DB9-AEF9-4571-96AC-22F69D2541 CA} (Eugene Davis Public Comments: Andy Cochran, VFW Post Commander for Joe Wagner Post 7313 - 90 Avalant, Pittsboro, NC read the following letter into the read on behalf of Joe Wagner Post 7313 , it can be found at: https://pittsboronc.gov/index .asp?Type=B BASIC&SEC={9FB4E92E-2F63-433 l-A87D- 02EC88CB5567}&DE={El B67DB9-AEF9-4571-96AC-22F69D254 l CA} (VFW written comments 102819) Mr. Cochran said as Commander of the VFW he is not allowed to take political sides. He would like to share his personal comments - Mr. Jones made the comment earlier about "getting rid of what we don't want to see" Mr. Cochran asked if he could clarify. Mr. Jones said the board has that in public "confederate flag". So, based on that he is wondering why governmental organizations would be punished for the erection of flags and keeping them erected when its private flags that are not being regulated. He stated VFW members have went out and measured - if there were a Military or Veterans Parade no flags pretty much would be on the parade route. October 28, 2019 Minutes Page 8  Commissioner Fiocco asked Mr. Cochran if he was saying he would like to see an exemption for government buildings. Mr. Cochran said his request is at least for the VFW building they represent the county's 5,000 veterans. Commissioner Fiocco said you say that with your i Commander hat on he is asking about his personal request. Mr. Cochran said he thinks it should be with government building as well. Commissioner Foley asked Attorney Messick if it is legal to have a different set of ordinance for government buildings. Commissioner Fiocco state while we are talking about exemptions what came to his mind is we are going to have a lot of houses with small lots and with a 50 ft. setback it is very likely there will not be a spot to place the pole for it. What he thought of was a flag pole mounted to the structure would be exempt. Heather Johnson - operates a business at 20 Sanford Road stated she has been flying a six foot flag attached to her office (attached to building). She has taken it down during this very difficult time. She wants to know if anyone has considered a flag in the C-4 district that is attached to a structure. Mr. Jones said there is a provision to exempt it in the C-4 district. She asked would they be notified of changes. Mr. Jones said they would notify all non-conforming properties of any changes in the ordinance and they would have one year to comply. Mayor Perry stated the Planning Board will look at and study this draft and bring it back to the r board for further review. I I Linda Bienvenue - Powell Place - stated her husband is a disable veteran and she is going to fly her flag. She said this would be taking away freedom of speech. Ms. Bienvenue stated it saddens her that the board is giving in to bullies. Linda Bienvenue - stated if you do this you will cause more division in this town. Mr. Cochran stated if you think you have a problem now-you will find out if you take away residents ability to fly their flags. Commissioner Baldwin stated her father served in World War II where he earned a Bronze Star and was Past Commander in the American Legion and she is very respectful of the American flag and Veterans. They are trying to correct some very hurtful things to the citizens of Pittsboro. Linda Bienvenue caution restricting speech if you are singling out one thing - removing the first amendment right. Commissioner Fiocco said this is a process that they are going through. No ordinance is approved on the first draft and he appreciates all the input. Mr. Jones said the updated documents will be available online as they move forward. October 28, 2019 Minutes Page 9 Rick Murray - 21 Belmont Ridge - said a lot of the homes have a 3 5 ft. set back, if you use 50 ft. you are going to eliminate a lot of people from showing their patriotism.. He would recommend half that distance, something between the property line and the home or at least out of the r-o-w. The town already has an ordinance in place the limits the maximum height of homes - limit the height of flag poles in residential areas to the maximum height of the house. Most flag poles are being placed in the ground now. Randolph Voller - 21 Randolph Court - asked for clarification if currently the ordinance speaks to setbacks. Mr. Jones said no. Motion made by Commissioner Fiacco seconded by Commissioner Baldwin to go out of public hearing. Vote Aye-5 Nay-0 REGULAR MEETING AGENDA CITIZENS' MATTERS None COMMISSIONER/MANAGER UPDATES Manager Gruesbeck reported that Street Department will start leaf pickup up next week. • CDM Smith is ordering the pilot testing equipment and he will provide more of an update soon. • Bike & Pedestrian Plan Update - Mr. Jones said the Open House was held last Tuesday and it was well attended. Mr. Jones said that new items they had not thought about came up. The public and document for NCDOT review should be out this week and the Plan should be back before the Planning Board and Town Board in December or January of next year. He said everything is going good. Mr. Jones wanted to thank the County for all the help they have provided doing the process. The good thing about having a plan is that State policy just changed that says if you have a Plan and it has bicycle and pedestrian improvements on that plan that includes road widening or road improvements DOT will do those projects and they are no longer called betterments (when they do the project). The Plan will need to be updated on a yearly basis. • Met last week about new audio design issues at the New Town Hall - he will be bringing that before the Board, hopefully at the next meeting. • Met with EDC Director about working on an Incentive Program for Pittsboro. • Terri Buchanan, Customer Service Specialist at the Planning Department will be leaving and he will be advertising for that position soon. Mayor Updates - Mayor Perry said she did not have any updates since she has been gone two and a half weeks. Commissioner Fiacco and Commissioner Baldwin said the Street Fair was great and thanked staff for their hard work. October 28, 2019 Minutes Page 10  Commissioner Fiacco stated he attended his first TARPO meeting. • EDC • RPO • Fairground Association • PEA/Downtown • Triangle J Council of Governments • Main Street - Commissioner Fiacco stated there is a Resolution on the agenda tonight for consideration. He stated it is also a concern that the Courthouse Circle may not be available for the Street Lighting and they already have an Option B - Comer of the Old Blair Hotel. • Climate Change • Human Relations Committee • Chatham County Arts Council NEW BUSINESS RESOLUTION IN FAVOR OF MAIN STREET PITTSBORO ESTABLISHING A WELCOME CENTER AT 37 HILLSBORO STREET Mayor Perry read a read in Favor of Main Street Pittsboro Establishing a Welcome Center at 37 Hillsboro Street in Downtown Pittsboro, the Resolution can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63-433 l-A87D- [ 02EC88CB5567}&DE={E1B67DB9-AEF9-457 l -96AC-22F69D2541 CA} (Main Street Resolution 102819) Motion was made by Commissioner Fiacco seconded by Commissioner Foley to approve the Resolution in Favor of Main Street Pittsboro Establishing a Welcome Center at 37 Hillsboro Street. Vote Aye-5 Nay-0 A RESOLUTION IN FAVOR OF MAIN STREET PITTSBORO ESTABLISHING A WELCOME CENTER AT 37 HILLSBORO STREET IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES REQUEST FROM PITTSBORO ABC BOARD TO RETAIN WORKING CAPITAL Hugh Harrington, Chair of the ABC Board - stated the ABC Store continues to improve financially. Each year the audit reminds there to request the Town to retain additional working capital to go towards the purchase of a new store or improvements to the store. He is before the board tonight requesting that again. In the past it has been 60/40. Commissioner Fiacco stated he has been involved with the ABC operation since he got on the board. He said we have been doing a 60/40 spilt for about four years, he would like the board to consider since we are working on a new building "a Welcome Center" to reduce the spilt to 55/45 and that $8,000 of that go to the "Welcome Center". October 28, 2019 Minutes Page 11 Commissioner Fiocco stated it will cost approximately $65 ,000 to operate the first year and the owner has agreed to do a fac;ade grant. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the request from the ABC Board to retain excess working capital at a rate of 55/45 and that $8,000 go towards the "Welcome Center" for the first year of operation. Vote Aye-5 Nay-0 Mr. Hugh Harrington presented the Mayor with checks in the amount of $1,786 for law enforcement and $12,338 for general fund for the 1st quarter of the fiscal year. OLD BUSINESS FINAL SUBDIVISION PLAT REVIEW (SUB-2016-03) WHISPERING MEADOWS PHASE ONE Planner II Victoria Bailiff reported that the Applicant has submitted for review the Final Plat of Phase One of the Whispering Meadows Subdivision; the preliminary plat for this subdivision was approved on May 22, 2017. The first phase of the subdivision creates 12 out of the 33 previously approved lots, these lots meet the requirements of a cluster type development in the R-15 district. Since preliminary approval, the applicant has constructed Phase 1 according to the approved plans including all required public streets and public utilities. Upon acceptance, these will become town maintained public facilities. The applicant has not yet completed the following improvements as shown on the approved plan and wishes to be allowed to post a completion bond for these remaining items: 590 linear feet of 5' wide sidewalk 330 linear feet of 8' wide multi-use path. The subdivision ordinance allows for the Board of Commissioners to consider a request to bond for remaining completion ofrequired infrastructure provided that a minimum of 40% of the public improvements are complete. This project meets this threshold and staff recommends that the Board allow for a bond for this project in the amount of $21,457.50. The Engineer's Cost Estimate, Subdivision Improvement Agreement and the associated Stormwater Maintenance Covenant are provided for this project to accompany this request. It should also be noted that System Development Fees will be required for this project and the applicant has been informed of this requirement. It was determined late in time of processing this request that the time for collection of these fees going forward for a Subdivision will need to be with the Final Plat. Since staff provided guidance to the applicant that these would not be required until the Zoning Compliance, staff recommends that an exception be allowed to have the System Development Fees be paid for Whispering Meadows Phase 1 with the applicable Zoning Compliance request and that all future phases follow the town adopted time for payment. October 28, 2019 Minutes Page 12  The Subdivision ordinance for the Town states that final plat of a major subdivision will be reviewed by staff, the Planning Board, and finally the Town Board of Commissioners prior to recordation. i I The Planning Board recommended approving the Final Plat in a vote of 6-0 . Commissioner Fiocco asked if the Fire Marshall is okay with the tum around. Mr. Murray said yes. Motion made by Commissioner Fiocco seconded by Commissioner Bonitz to approve the Final Plat for Whispering Meadows Phase One (SUB-2016-03). Vote Aye-5 Nay-0 SEWER ALLOCATION GUIDELINES Engineer Elizabeth Goodson stated there were a few minor changes to the document that was in the agenda packet and the one she handed out tonight. On Page 3, item e. "once the town approves" and throughout the document where it mentions Zoning Compliance it was changed to Zoning Compliance Certificate. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the Sewer Allocation Guidelines. Vote Aye-5 Nay-0 SEWER ALLOCATION GUIDELINES ARE RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES BOARD DIRECTIVES - none scheduled ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Farrell thanked Staff and Police Department for the good job at the Street Fair. Commissioner Foley showed the board a "bee motel" was built by Grant Leonard (Boy Scout project) and she commended him for his work. Commissioner Fiocco said he had a concern about a recent contract that he knew nothing about but voted to approve to NC Lean Energy Tech center in which Commissioner Bonitz is an employee. He is troubled by that. Nothing n their package indicated that it was a part of the consent agenda vote. He would have expected that to have been made known. Commissioner Bonitz said he recalls discussing his work with the Board on more than one occasion. His employment with Clean Tech Energy center implying his work on the Clean Tech Energy Center employing his work on the transportation team. Commissioner Bonitz regrets he wasn't able to stay for that meeting but he was called away for an urgent health matter. October 28, 2019 Minutes Page 13 Commissioner Bonitz stated he was prepared to speak on this. Commissioner Bonitz stated he had prepared a memo to explain what has been alleged as a conflict of interest. He has nothing to gain. His salary is paid through highway funds. There was a discussion on the matter. Mayor Perry stated she think it was understood that John worked for the company. Quite frankly, she thank you it' s odd that it was brought before the board the week before election. Commissioner Fiocco asked if it's the first time he didn't start. Commissioner Farrell said he was caught up in negative comments during the campaign trail. Commissioner Baldwin stated she feels it is something the board should know and asked that it always be made known. Commissioner Baldwin wanted to thank Staff, Public Works, and Police Department for the excellent Street Fair. She thanked the Police Department, Sheriffs Department and other Law Enforcement Agencies that have been helping over on Saturday's for the last month. Motion made by Commissioner Baldwin seconded by Commissioner Foley to take a five minute break. Vote Aye-5 Nay-0 Motion made by Commissioner Foley seconded by Commissioner Baldwin to go back into regular session. Vote Aye-5 Nay-0 FYI - 1. 2019-2020 Leaf Pickup Schedule CLOSED SESSION Motion made by Commissioner Farrell seconded by Commissioner Fiocco to go into closed session pursuant to GS 143-318.11 (a)( 6) to consider a personnel matter. Vote Aye-5 Nay-0 Motion made by Commissioner Farrell seconded by Commissioner Fiocco to go out of closed session. Vote Aye-5 Nay-0 October 28, 2019 Minutes Page 14  ADJOURNMENT Motion made by Commissioner Baldwin seconded by Commissioner Foley to adjourn at 10:30 p.m. Vote Aye-5 Nay-0 ATTEST: !~ d. ~ Alice F. Lloyd, CMC~C ½ Town Clerk October 28, 2019 Minutes Page 15