1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS TUESDAY, NOVEMBER 12, 2019 REGULAR MEETING 7:00 PM Mayor Cindy Perry called the meeting to order and called for a moment of silence. Mayor Perry stated that Commissioner Baldwin had a family emergency and would not be here tonight. PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Commissioner Farrell. ATTENDANCE Members present: Mayor Cindy S. Perry, Commissioner John Bonitz, Jay Farrell, Michael Fiocco and Bett Wilson Foley. Mayor Pro Tern Pamela Baldwin excused absent. 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. r Mayor Perry stated she would like to add a closed session to the end of the agenda to consult with the Attorney. Motion made by Commissioner Fiocco seconded by Commissioner Farrell to approve the regular agenda as submitted adding a closed session to the end to consult with the Attorney and to approve the Consent Agenda with the corrections to the October 28, 2019 minutes that were at their seats tonight. CONSENT AGENDA The following corrections were made to the October 28, 2019 minutes: Commissioner Fiocco made the following corrections: Page 2 - 2 nd sentence from bottom - Change "Ms." Mc Mahan to "Mr." McMahan Page 4 - 2 nd sentence from bottom - second line delete "&2" Page 4 - 2nd sentence from bottom - third sentence delete "them" add "Exhibit 1" Page 4 - 2 nd sentence from bottom - fourth sentence - change "correction" to "correct" Town Clerk Alice Lloyd made the following correction motion on Page 8 after the motion to leave the Tillman Hearing open. Add: Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to go out of Evidentiary Hearings. Vote Aye-5 Nay-0. The Consent Agenda contains the following items: 1. Approve Minutes of the October 28, 2019 meeting. (with above corrections) November 12, 2019 Minutes Page 1 2. Approve Ordinance Declaring Road Closure for Pittsboro Holly Days Tree Lighting Ceremony. 3. Approve Ordinance Declaring Road Closure for Christmas Parade. 4. Set Public Hearing for Zoning Text Amendment (ZTA-2019-06) for Overnight Accommodations In M-2 (Heavy Industrial) for November 25, 2019 at 7 p.m. 5. Set Public Hearing for Thales Academy (SP-2016-06-A0l) Perimeter Boundary Transition for November 25, 2019 at 7 pm. 6. Approve System Development Fees (SDF) Ordinance. Vote Aye-4 Nay-0 AN ORDINANCE DECLARING ROAD CLOSURE FOR PITTSBORO HOLLY DAYS TREE LIGHTING CEREMONY IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 118 AN ORDINANCE DECLARING ROAD CLOSURE FOR CHRISTMAS PARADE IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 119 AN ORDINANCE ADOPTING SYSTEM DEVELOPMENT FEES FOR THE WATER AND SEWER SYSTEM OF THE TOWN OF PITTSBORO IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGES 120-122 EVIDENTIARY PUBLIC HEARING CONTINUATION SPECIAL USE PERMIT REQUEST (SUP 2019-01) FOR TILLMAN COMMUNICATION TOWER AT MITCHELLS CHAPEL ROAD Motion made by Commissioner Fiocco seconded by Commissioner Foley to go into public hearing. Vote Aye-4 Nay-0 Victoria Bailiff, Planner II reported that Tillman Infrastructures is proposing the construction of a communication tower, 300 feet in height. This tower is to be located at comer 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. Upon receiving comments at the Evidentiary Hearing on October 28, 2019 regarding errors in the Application and Narrative, the applicant has since submitted revised versions of these documents. The revised Application, signed by Jim Homer, now references the Town of Pittsboro and Chatham County. The revised Narrative now references the correct Sections of the Pittsboro Zoning Ordinance. November 12, 2019 Minutes Page 2  Karen Kemerait, Attorney with Fox Rothchild, LLP in Raleigh, representing the Applicant and Land Owners Lynn and Ellen Mann asked that the corrected application and narrative be admitted into evidence. Mayor Perry admitted the information in the agenda packet into evidence. Motion was made by Commissioner Farrell seconded by Commissioner Fiocco to go out of Public Hearing. Vote Aye-4 Nay-0 Mayor Perry stated the matter will go before the Planning Board in December. REGULAR MEETING AGENDA CITIZENS' MATTERS Patty Dukes - member of the Parks and Recreation Advisory Board and she wanted to thank the outgoing Commissioners for their wonderful support to the Town of Pittsboro, Parks and the Extraterritorial Jurisdiction. Pam Cash-Roper - 167 Winston Way read the following into the record: Good evening Mayor and members of the Board. I am Pam Cash-Roper and I live at 167 Winston Way, Apartment 108. f You may be surprised to see me because I did not win last Tuesday. In fact, I finished last. But I feel great because the real1winner last week was the Town of Pittsboro. I We had over 1,000 citizens vote, which is a record. And a municipal turnout of 32%, which was much higher than Wake County and higher than Siler City. Now I wish more people would vote, but at least we all campaigned on strong issues and informed the people of Pittsboro. On that point, I am still the only candidate who resides in affordable housing and will continue to advocate for affordable housing in Pittsboro. And as we all know affordable housing was an issue in 2015, 2017, 2019 and will likely be an issue in 2021 as well. Let's work together on this important issue. November 12, 2019 Minutes Page 3 For that reason I want to offer my services to help the Town on an advisory board. And if one that deals with planning, affordable housing, water, etc, is not available I would gladly serve on the ABC Board in the spot opened up by the departure of our incoming Mayor Jim Nass. For the record, I am a retired nurse, which I think I would be of interest to that board. But, my family has also owned restaurants and bars including what is now Virlie's and a sports bar on West Franklin Street, which is also a good background for the services that the ABC Board provides the community. Thank you for your time. Randy Voller - 21 Randolph Court - echoed what Patty Dukes said. He submitted a handout from Senator Valarie Foushee (he stated she responded in favor of the Resolution the Board passed in regards to the Welcome Center). He said on behalf of Main Street he would like to thank the Board for their support. COMMISSIONER/MANAGER UPDATES Mayor Updates - Mayor Perry spoke about her trip to Nepal. • EDC - Commissioner Fiocco stated they met this morning and are in the middle of a Strategic Plan which will be their Master Plan for the next three years. • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments • Main Street-Commissioner Fiocco stated they are working on the Welcome Center. They are working on a deadline of answering questions for Chatham Chamber by tomorrow. They had requested fund from Chatham County to fund the Welcome Center, the request will be heard at their meeting on Monday night. They have a couple of fa9ade grants in the works. • Climate Change • Human Relations Committee • Chatham County Arts Council - Commissioner Foley said they are meeting right now. Manager Gruesbeck reported that: Parks Planner Paul Home will be leaving us on November 28, 2019 going to Washington State. They have interviewed three individuals for the Planner position and hope to offer the position next week. They received a couple of applications for the Engineering position. November 12, 2019 Minutes Page 4  The Customer Services Specialist position for Chatham Mills Office will be advertised next week and the position filed as soon as possible. Received complaint about construction work starting in the early hours in Powell Place the Town had not received a request for permission to start earlier hours until today. He also stated for some time he has been working on maintenance/paying for streets lights in Powell Place and he is still working on it and he will be responding to them. NEW BUSINESS REQUEST FROM PITTSBORO ABC BOARD TO RETAIN WORKING CAPITAL Mr. Hugh Harrington stated at the last meeting the Board voted to authorize a 55/45 split of excess working capital for FY 2018-2019 in order for the Town to disburse $10,000 towards the Welcome Center. Mr. Harrington said since this is for FY 2018-2019 he would request that the Board revise the split to the original 60/40 distribution and the Board request an additional $10,000 direct distribution from the Pittsboro ABC Board against current year funds . This is necessary otherwise the ABC Board would need to revise end of the year financial report, reapprove those reports and resubmit them to the State. Mr. Harrington stated we need to look at how much the Town is willing to allow the ABC Board [ to retain probably about six months earlier (so they can give the correct information to the auditors). After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Foley to grant ABC request for 60/40 spilt of excess working capital and request a direct distribution of $10,000 from the Pittsboro ABC Board' s current year funds Vote Aye-4 Nay-0 Motion was made by Commissioner Fiocco seconded by Commissioner Foley to adopt An Ordinance Amending the 2019-2020 Operating Budget. Vote Aye-4 Nay-0 AN ORDINANCE AMENDING THE 2019-2020 OPERATING BUDGET IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 123 SITE PLAN REVIEW (SP-2019-06) AUTONETICS ELECTRIC/ELECTRONIC MACHINE ASSEMBLING FACILITY Planner II Victoria Bailiff reported that the proposal is to construct a one story 19,824 square foot facility for the assembly of electric and electronic machinery and equipment. This use requires 10 parking spaces, the applicant will be providing 19 paved spaces. This structure will be using well and septic because town utilities are not within the immediate vicinity. Staff recommends approval of the proposed request, subject to issuance of any additional local and I I state permits. November 12, 2019 Minutes Page 5 The Planning Board at their November 4, 2019 meeting posed questions regarding parking, waste, and other aspects of this use. The plan was found to be satisfactory and in a vote of 4-0 the Planning Board recommended approval of the site plan. Motion was made by Commissioner Fiocco seconded by Commissioner Foley to approve Site Plan Review (SP-2019-06) Autonetics electric/electronic machine assembling facility. Vote Aye-4 Nay-0 OLD BUSINESS FINAL SUBDIVISION PLAT REVIEW (SUB-2016-02) SECTION 5.1 - THOMPSON STREET SUBDIVISION Planner II Victoria Bailiff went over the memorandum submitted with the agenda packet: STAFF ANALYSIS: The Applicant has submitted for review the Final Plat of the Thompson Street Subdivision; the preliminary plat for this subdivision was approved on September 11 , 2017. The subdivision creates 29 residential lots, 6 additional tracts, and the public right of ways for Vine Parkway, Cottage Way, and Edgefield Street. This final plat will provide 6.537 acres of open space and 3.224 acres of tree coverage area. Since preliminary plan approval, the applicant has constructed a significant portion of the public improvements as outlined on the approved plans including public streets and public utilities. The applicant has provided staff with documentation outlining the completion of over 74% of the public improvements. The applicant has not completed the following items in their entirety and wishes to be allowed to post a completion bond for these remaining construction cost of these items: • sidewalk • greenway • final completion of sewer and reclaimed water lines • final roadway work including curb, gutter and asphalt The subdivision ordinance allows for the Board of Commissioners to consider a request to bond for remaining completion of required 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 completion bond for this project in the amount of $1 ,686,931.22 to cover these remaining items to be provided. The Engineer' s Cost Estimate and Subdivision Improvement Agreement have been provided to staff for review and approval. It should also be noted that System Development Fees required for this project will be paid prior to the release of the plat for recordation. These fees have been calculated in accordance with the approved budget by meter size and number of units . The Applicant has made a request that the Town re-evaluate the System Development Fee calculation to take in to account the reduction in flow that has been obtained at this time. They have further requested that if at that time the fees for their projects change that the difference in fee be credited back to them at that time. November 12, 2019 Minutes Page 6 Additionally, with this plat of the first 29 lots and the Cottages project the required amount of Park Land equates to 2.36 acres. Chatham Park will be dedicating 1.20 acres comprising of Greenway and Multi Use easements with this plat. The remaining required Park Land (l .16ac) is being requested to be defer until the 10.37-acre park site is approved & constructed in the spring/summer of 2020. Please see the enclosed letter detailing the request. Staff is in support of this request. The Subdivision ordinance for the Town states that the final plat of a major subdivision will be reviewed by staff, the Planning Board, and finally the Town Board of Commissioners prior to recordation. Included is a copy of the preliminary plan and the final plat. PLANNING BOARD RECOMMENDATION: Prepared for Planning Board, November 4, 2019. The Board recommended to approve the Final Plat in a vote of 4-0. STAFF RECOMMENDATION: Staff is recommending approval of the Final Plat. The 10 acre park will be constructed and then dedicated. After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Farrell to approve (SUB-2016-02) Final Plat Section 5.1 -Thompson Street Subdivision. Vote Aye-4 Nay-0 SPECIAL USE PERMIT (SP-2019-03) MUSIC STUDIO AT 2411 US HWY BUS WEST Planner II Victoria Bailiff reported that Luke McMahan is requesting a special use permit to operate a music studio at 2411 US Highway 64 Business West. The property is located in the R- A2 zoning district where music studios are required to obtain special use permits. The applicant is proposing to use the existing 1,200 square foot structure on the property for the studio. This use requires 5 parking spaces which can be met by the current parking lot. An evidentiary hearing was held on October 28, 2019. The applicant was the only speaker to participate in this hearing. In response to questions from the Board, the applicant stated that there would be no site improvements and the back buildings would not be used as a part of the music studio operation. The Planning Board reviewed these plans at their meeting on November 4, 2019. The Board posed questions regarding parking and the specifics of this use but ultimately, the Board recommended approval in a vote of 4-0. After discussion a motion was made by Commissioner Foley seconded by Commissioner Bonitz to approve A Resolution Approving an Application for A Special Use Permit for Luke McMahan; SP-2019-03 Music Studio at 2411 US Hwy Bus West. It was asked if they would be governed by the County' s noise ordinance instead of the Town. Ms. Bailiff said that is correct. Vote Aye-4 Nay-0 November 12, 2019 Minutes Page 7 A RESOLUTION APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR LUKE MCMAHAN IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 190-192 NEW TOWN HALL DESIGN UTILITIES DISCUSSION; BUDGET AMENDMENT FOR NEW TOWN HALL PROJECT Representative from Hobbs Architect went gave a PowerPoint presentation can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={9FB4E92E-2F63 -4331-A87D- 02EC88CB5567}&DE={B0BF5C 19-9696-4C6B-98C2-2399A91 F22D1} (Town Hall - 11-12- 2019) Lester Lowe with The Wooten Company was also present. After much discussion a motion was made by Commissioner Fiocco seconded by Commissioner Foley to approve the Sub-surface Utility Engineering (S.U.E.). Vote Aye-4 Nay-0 AN ORDINANCE AMENDING CAPITAL PROJECT BUDGET FOR TOWN HALL PROJECT IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 124 After discussion a motion was made by Commissioner Fiocco seconded by Commissioner Foley to select the Storm Filter system for storm water filtration system; select option #1: One block (construction cost) with the bid alternate for option 3: Two blocks as the water main improvement option; add as an alternate cost of off-site sewer improvements. Vote Aye-4 Nay-0 PITTSBORO ELEMENT ARY SCHOOL ROAD BRIDGE REPAIR Engineer Elizabeth Goodson and Finance Director Heather Meacham discussed this with the board and recommend that they reevaluate our course of action in relation to Pittsboro Elementary School Board. Staff recommends the Board of Commissioners consider the options below: • Proceed with the upgraded infrastructure project with the Town covering any costs over $47,713. (Approximately $491 ,141 additional) • Complete design work for the upgraded infrastructure project but delay construction. (Approximately $126,845 additional) • Utilize the temporary repair and not proceed with further design or construction. (Approximately $71,423 additional) Commissioner Farrell said he does not want to spend any more money of this. Manager Gruesbeck said Staff was told by FEMA this was a good candidate for reimbursement. November 12, 2019 Minutes Page 8  Commissioner Bonitz said he would be in favor of bullet number two (Complete design work for the upgraded infrastructure project but delay construction. Approximately $126, 845 additional). 1 Commissioner Foley agreed. After much discussion a motion was made by Commissioner Farrell to not proceed further to continue with the temporary repair. Motion died due to the lack of a second. Motion made by Commissioner Foley seconded by Commissioner Bonitz to proceed with bullet #2. Vote Aye-3 Bonitz/Fiocco/Foley Nay-1 Farrell APPOINT WATER QUALITY TASK FORCE Mayor Perry handed out a memorandum which included a list of goals of the Task Force which is two-fold: 1. to study and draft recommendations to ameliorate unregulated contaminates in the drinking water of the Town of Pittsboro, including, but not listed to: a. meetings of the Task Force once a month, and more often if dictated and agreed by the Task force; b. Presentations to the Task Force by water quality experts, academics and scientists; suggested materials for the Town of Pittsboro website informing the public of the measures which the Town is taking, measures which the public may wish to consider, to be approved by the Board and Staff; c. Consultations with Staff, experts, academics and scientists for suggested measures for expansion of the existing water plant and delivery systems for the drinking water in the interim period before construction of a new water plant; d. Consultations with State Water Quality officials in DEQ seeking information about permitting and penalties for upstream contaminating entities; e. Such other safety recommendations for the protection of vulnerable populations such as children in the public schools within the Town, and entities in the Town caring for the elderly and infirmed; f. Such other studies and recommendations as the Town Board and Mayor direct to the Task Force. 2. To study and draft recommendations for new drinking water sources, for future expansion and relocation of the drinking water for the Town of Pittsboro, and its delivery system, for the safety of the consumers, and such other tasks which the Town Board and Mayor direct to the Task Force. After much discussion it was agreed that the Board members that had names they would like to submit for the Task Force - submit them to Mayor Perry and Mayor Elect Nass before the next meeting and the Task Force will be appointed at the next meeting. BOARD DIRECTIVES - none scheduled ADDITIONAL UPDATES AND REPORTS November 12, 2019 Minutes Page 9  COMMISSIONER CONCERNS Commissioner Farrell stated No Parking Signs need to be put back up on West Salisbury Street. He said he had heard from a school board member that the County School offices were moving to Renaissance Drive. Commissioner Benitz said he was told that that Chatham County brought land to move the School Board to Renaissance Drive. There was discussion about that. That is eight acres of land that can be used as high density. Maybe put an inquiry to the School Board to see what their plans are for the building. Mr. Jones said he has heard they are discussed the property is good for an affordable housing project. He also stated the School Board wants to take their sewer allocation with them to Renaissance Drive. Commissioner Farrell said he heard they brought 200 acres. Commissioner Benitz stated Chatham Forest HOA sent a letter to Board and Manager back in October. Ms. Candace Hunziker was present tonight to bring it before the board but she left because she was sick and asked that he bring it before the board. Commissioner Benitz asked that Manager Gruesbeck respond to the letter from Chatham Forest HOA. Commissioner Benitz stated this might be a good time to reevaluate the position in the context of Planning Department workload. Commissioner Benitz expressed concern that we not lose Parks capabilities, not lose ground. He asked the Manager to report back to the Board. Motion made by Commissioner Farrell seconded by Commissioner Fiocco to take a five minutes break. Vote Aye-4 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Farrell to go back into regular session. Vote Aye-4 Nay-0 CLOSED SESSION Motion made by Commissioner Fiocco seconded by Commissioner Foley to go into closed session pursuant to GS 143-318.11 (a)(3) to consult with the Attorney. Vote Aye-4 Nay-0 Motion made by Commissioner Fiocco seconded by Commissioner Foley to go out of closed session. Vote Aye-4 Nay-0 November 12, 2019 Minutes Page 10  ADJOURNMENT Motion made by Commissioner Fiocco seconded by Commissioner Farrell to adjourn at 10 p.m. Vote Aye-4 Nay-0 ATTEST: A~ d~ e f t ~ Town Clerk November 12, 2019 Minutes Page 11