1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS MONDAY, NOVEMBER 25, 2019 REGULAR MEETING 7:00 PM Mayor Cindy 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, 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, Town Planner Jeff Jones, Planner II Victoria Bailiff and Engineer Elizabeth Goodson. CONSENT AGENDA Commissioner Bonitz submitted the following correction to the minutes: Page 10 - under Commissioner Concerns - last paragraph, last sentence - after Commissioner Bonitz "delete" asked that the Park Planner position be re-evaluated" add "stated this might be a good time to reevaluate the position in the context of Planning Department workload. Commissioner Bonitz expressed concern that we not lose Parks capabilities, not lose ground. He asked the Manager to report back to the Board". Mayor Perry asked to add Board Directives #1 - Tree City Program to the regular agenda. Motion was made by Commissioner Fiocco seconded by Commissioner Foley to approve the regular and consent agenda with the changes listed above. The Consent Agenda contains the following items: 1. Approve Minutes of the November 12, 2019 meeting. (with the approve correction) Vote Aye-5 Nay-0 PUBLIC HEARINGS Motion made by Commissioner Fiocco seconded by Commissioner Farrell to go into public hearing. Vote Aye-5 Nay-0 November 25, 2019 Minutes Page 1  ZONING TEXT AMENDMENT (ZT A-2019-06) FOR OVERNIGHT ACCOMMODATIONS IN M-2 (HEAVY INDUSTRIAL) Victoria Bailiff, Planner II reported that Lyle Estill is requesting an amendment to the Permitted Use Table in Section 5.2.1 of the Pittsboro Zoning Ordinance. Currently Bed & Breakfasts, Hotels, and Motels are not allowed in the M-2 (Heavy Industrial) zoning district. The applicant is requesting that the three uses listed be permitted by right in the M-2 district. PUBLIC COMMENTS: None PERIMETER BOUNDARY TRANSITION (SP-2016-06-A0l) FOR THALES ACADEMY Victoria Bailiff, Planner II reported that Thales Academy has proposed to construct a private school along Thompson Street; the subject parcel (7386) is located in the Chatham Park PDD within 500 feet of an exterior boundary. The site plan for the proposed school was previously approved by the Board of Commissioners on November 13, 2017. Since approval, the applicant has decided to make a major amendment to their site plan and as required by the Zoning Ordinance, the site plan must go through the approval process again with the amended plan. The Chatham Park Master Plan states, that "for land uses allowed in Chatham Park that are identified as "permitted by SUP (Special Use Permit) only" in the Town's Zoning Ordinance, when proposed within 500 feet of the perimeter boundary shall include proposed Perimeter Boundary Transition treatments with the required Site Plan applications. In these cases the Town' s review of the site plan and the Perimeter Boundary Transition treatments shall include a Public Hearing." The Town of Pittsboro Zoning Ordinance identifies a private school as a use which requires a Special Use Permit; and as the proposed school site is within 500 feet of an exterior boundary, review of this site plan must include a public hearing so as to provide interested parties with an opportunity to comment on the proposed Buffer. PUBLIC COMMENTS: Courtney Landoll, Stewart LLC went over maps showing the proposed boundary transition. She said they think they are providing above what is required. Motion made by Commissioner Fiocco seconded by Commissioner Foley to go out of public hearing. Vote Aye-5 Nay-0 REGULAR MEETING AGENDA CITIZENS' MATTERS Grimsley Hobbs - wanted to speak specifically about Lewis Freeman Park and said they are very excited about working on this project. The CCHA is working to obtain more background on November 25, 2019 Minutes Page 2 Lewis Freeman. He said the Park Plans are excellent and asked that the board keep the Parks going especially Lewis Freeman Park. JC Garbutt - stated he wanted to publically thank Paul Horne for all that he has done as well as for serving on the Grand Trees of Chatham committee for about ten years. He recently learned Paul was leaving going to Washington State and he would like for the Town to stay involved with Grand Trees of Chatham. COMMISSIONER/MANAGER UPDATES Mayor Updates - Mayor Perry stated she met with the students that met with her and other people in the community. They were doing a project on the status of women in Chatham County. They issued their report today but they did not have all the materials ready for a presentation tonight, but they made their presentation in front of their professors at UNC Chapel Hill. They would like to make their presentation to the board at a later time. Mayor Perry stated that several years ago Chatham County proposed that we get involved in Keep America Beautiful. Fred Royal (former Engineer) was the Town liaison on the committee. She stated the committee is going new energy and she expects the town will be hearing from them soon. Mayor Perry asked for an update on Sanford Forcemain. Manager Gruesbeck said they are wrapping up the EID Report to send back to the State. He gave the next steps to follow after that is done. • EDC - Commissioner Fiocco stated that EDC nor RPO have not met since the last meeting. • RPO • Fairground Association • PBA/Downtown • Triangle J Council of Governments • Main Street - Commissioner Fiocco stated the Tree Lighting event was nice. • Climate Change • Human Relations Committee • Chatham County Arts Council - Commissioner Foley stated the Arts Council will be having a Cookie Decorating event which will benefit arts and the tigers. Manager Gruesbeck stated the Christmas Parade is December 8, 2019 at 3 :00 PM. Registrations are fewer this year than previous years. Commissioner Foley said she will make a posting on Facebook. Manager Gruesbeck asked whether the board wanted to walk or ride. The board agreed to riding in a float. New Planner will start to work on December 2, 2019 - (Kayleigh Mielenz). Manager Gruesbeck stated he has received several calls about construction starting at Powell Place at very early hours - they have been advised that according to Town ordinance construction hours are 7 am to 6 pm. • November 25, 2019 Minutes Page 3 Manager Gruesbeck stated the HOA has been interested in returning street lights (specialty lights) to the Town. His position at this point is the town does not want to entertain that at this time. Manager Gruesbeck stated that Pilot Testing Equipment would be installed mid-December 2019. Commissioner Foley said she appreciated all the law enforcement presence at the tree lighting. Commissioner Bonitz said he was appreciative as well. Commissioner Fiocco said he had several merchants to tell him that they appreciated all the personal attention they received from the officers. Mayor Perry and Commissioner Foley thanked the officers from surrounding towns that came to help keep the Town safe. OLD BUSINESS PITTSBORO ABC BOARD APPLICATIONS FOR VACANT BOARD POSITION Applications have been received from J. Eric Braun and Beth Turner. Mayor Perry stated Pam Cash Roper stated at the last meeting she would be interested but did not submit an application. Commissioner Fiocco stated he thinks Eric Braun is doing a great job on the planning board, he stated Beth Turner has shown interest in serving on the ABC Board if there were a vacancy. Motion was made by Commissioner Fiocco seconded by Commissioner Baldwin to appoint Beth Turner to serve as a member of the Pittsboro ABC Board. Vote Aye-5 Nay-0 APPOINT WATER QUALITY TASK FORCE Mayor Perry stated she sent an email this afternoon with a list of names of people that had agreed to serve on the Water Quality Task Force. The list currently contains: Bett Wilson Foley Emily Sutton Bill Holman Becky Smith Daniel Ayers Osborne Carla Stone Eanes Hugh Harrington (Jim Nass) Karen Styres (Michael Fiocco) Kevin Russell (Michael Fiocco) Katie Bryant (John Bonitz) Karen Strazza (John Bonitz) Chatham Park Representative (Jim Nass/CPI to choose) Adam Pickett, Town Staff November 25, 2019 Minutes Page 4 Still trying to reach: Mark Williams Mayor Perry stated that Jennifer Platt called this afternoon and expressed an interest in serving on this committee. Mayor Pro Tern reminded her that Pam Cash Roper had also expressed an interest. Mayor Perry asked if the Board wanted to make the appointments at the next meeting. Commissioner Fiocco said he did not find the resolution establishing the duties of the task force in the agenda packet, but he had a few corrections/comments. After comments and changes the resolution reads as follows: WHEREAS, the Town of Pittsboro is currently reviewing possible improvements to its water treatment facility in light of recent information regarding unregulated contaminants in the Haw River; and WHEREAS, the Board of Commissioners of the Town is interested in the opinions of and input from the residents of and property owners within the Town and users of its potable water system regarding such improvements; and WHEREAS, while the Town of Pittsboro has its staff and additional resources available to assure the safe treatment of potable water in conformity with all applicable rules and regulations, the Board of Commissioners of the Town is of the opinion that the appointment of community residents to serve upon an advisory Task Force for these matters is in the best interest of the Town; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISISIONERS OF THE TOWN OF PITTSBORO AS FOLLOWS: 1. There is hereby established an advisory committee to be known as the "Pittsboro Water Quality Task Force", hereinafter referred to as the "Task Force". 2. The mission of the Task Force shall be to assist the Board of Commissioners in its assessment of unregulated contaminates in Haw River and the appropriate response thereto. 3. The role and responsibility of the Task Force shall be as follows: a. To help focus attention on specific issues, and problems anticipated as a result of the presence of the unregulated contaminates, including per- and polyfluoroalkyl substances ("PFAS") and 1, 4-dioxane in the Town's drinking water source; b. To evaluate alternative supply sources of drinking water for the Town while considering the future needs of the Town, including review of the existing studies by the Jordan Lake Partnership for a Western Intake and the Chatham County Master Utilities Plan; and c. To recommend actions and alternatives for Board consideration; November 25, 2019 Minutes Page 5  4. The Task Force shall consist of not more than twenty (20) members who shall fairly represent the various areas of the town and its extraterritorial jurisdiction and its general population in terms of gender, race, civic involvement, and business experience. 5. Two members shall be appointed by each member of the Board of Commissioners and the Mayor and additional members may be appointed by the Board, or members shall be appointed by any methodology otherwise agreed upon by the Board. Members shall serve at the pleasure of the Board or until June 30, 2020, whichever is earlier. 6. The Task Force shall meet and select a chair to lead the Task Force' s discussions . To assure accurate record-keeping, the Task Force shall also appoint a member to serve as recording secretary to take and keep minutes of its proceedings. Draft Minutes shall be forwarded to the Board of Commissioners promptly after every meeting of the Task Force and final minutes upon approval. 7. The Task Force shall review water quality issues affecting Pittsboro as set forth herein and make a report or reports of its recommendations at the conclusion of its review. The Task Force shall coordinate its review of these issues with any review schedule adopted by the Board of Commissioners to address recommendations from CDM Smith concerning possible improvements to the Town water treatment plant facility or to assess alternative water supply source(s). It is incumbent upon the Task Force to make sure its review of any water treatment or water supply alternatives is complete by the time the Board of Commissioners makes any decision thereon. Any reports received from the Task Force shall be considered by the Board of Commissioners in addition to the input received from any public hearings or other resources available to the Town. 8. In connection with its role the Task Force may: a. invite presentations by water quality experts, academics and scientists concerning the presence of unregulated contaminates in the Haw River and suggested measures to address and ameliorate such substances and their effects upon the health of users of the Town' s water system; b. suggest materials for the Town' s website to inform the public of the measures which the Town is taking to address water quality issues; c. consult with State Water Quality officials in DEQ to seek information about permitting and penalties for upstream contaminating entities; d. consider 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; and e. suggest measures for expansion of the existing drinking water delivery system in the interim period before construction of a new water treatment plant or treatment system; 9. The Task Force shall meet at Town Hall on a regular basis, but not less frequently than monthly. A quorum must be present for the conduct of all regular meetings. A majority of the November 25, 2019 Minutes Page 6  members appointed shall constitute a quorum . The chairperson may call a meeting, or a meeting may be called upon the written request of three members. All such meetings shall be subject to the open meetings law of North Carolina. 10. Members shall be automatically removed for lack of attendance. Lack of attendance is defined as failure to attend two (2) consecutive meetings or failure to attend more than one-half of the meetings scheduled. Participation for less than three-fourths of a meeting shall be the same as a failure to attend a meeting. Excused absences due to illness, absence from the county due to personal hardship, if approved by a majority vote of the Task Force, shall not constitute lack of attendance. Excused absences shall be entered into the minutes at the next regularly scheduled meeting. Members removed pursuant to this paragraph shall not continue to serve on the Task Force and such removal shall create a vacancy which may be filled by the Board. 11 . The Board of Commissioners may appoint one or more of its members to serve as ex officio members of the Task Force or as a liaison to it. 12. Notwithstanding the creation of this Task Force, the Board of Commissioners has not thereby relinquished its discretion or authority to approve any water treatment option or source of drinking water for the town and its citizens. The Board is not obligated to adopt or incorporate any recommendations received from the Task Force and expressly reserves the right to review, comment upon, deny or approve any option to assure safe, potable drinking water to the town's water customers with or without a report from the Task Force at any time and from time to time. Motion made by Commissioner Fiocco seconded by Commissioner Foley to approve the Resolution with corrections made tonight. Vote Aye-5 Nay-0 A RESOLUTION APPOINTING A PITTSBORO WATER QUALITY TASK FORCE IS RECORDED IN THE BOOK OF RESOLUTIONS NUMBER ONE, PAGES 188-190 Commissioner Fiocco thanked Mayor Perry for her leadership on this issue. Manager Gruesbeck stated we need to have a worksession on this issue. After discussion Commissioner Bonitz said he would appreciate a memo putting years and months with options. Something in summary form. NEW BUSINESS PITTSBORO PARKS AND RECREATION ADVISORY COMMITTEE Ms. Stephanie Bass, Chair of the Parks and Recreation Advisory Board was present and recognized members of the Park and Recreation Advisory Board that were present tonight; Noah Becker, Sarah Carr and Bridget Perry. Also, on the Advisory Board is Patty Dukes and Sarah Brinson. Ms. Bass gave the board a refresher on Chapter 19 of the Code of Ordinances establishing the Parks and Recreation Advisory Board which include their duties. November 25, 2019 Minutes Page 7 Noah Becker went over a PowerPoint Presentation which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={B616DBF6-2947-4EE2-BC35- 19F9BDEA9DAB }&DE={7A51B147-9BB3-4B94-8C58-81549F5AFA4C} (A presentation on the status of Parks as of Nov 13 , 2019) BOARD DIRECTIVES TREE CITY PROGRAM Commissioner Foley handed out a brochure on Tree City USA. Brochure can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC= {9FB4E92E-2F63-4331-A87D- 02EC88CB5567}&DE={036A6BCD-3877-4D9A-9A08-2E0A58E4DF4D} (Tree City Pamphlet 112519) Commissioner Foley stated since this is her last official meeting she wanted to move this item forward and she would like to see Pittsboro as a Certified Tree City. Criteria for certification: 1. Create a Tree Board or Department 2. Adopt a Tree Care Ordinance 3. A community Forestry Program with an annual budget of at least $2 per capita 4. An Arbor Day Proclamation and observance. Commissioner Foley stated she is proposing at this point that the board agree to form an exploratory committee and then the Board can take action. The next steps in being a certified Tree City would be to : • Complete and pass a Tree Ordinance • Submit potential candidates to serve on Pittsboro Tree Board • Select members to serve on Tree Board • Vote in favor of applying for certification • Complete and submit application The committee duties: • Create an analysis of how much the Town has spent over the last three years on tree maintenance and care and compare this to amount of spending required to earn Tree City Certification which is $2 per capita (do in partnership with staff). • Gather documentation required for certification. • Compile list of potential candidates to serve on Tree Board to take before the Board of Commissioners. • Make contact with potential community partners including Grand Trees Chatham, NC Department of Agriculture and nearby tree cities. • Explore potential Arbor Day events. • When these things are done, present an update to the Town Board. November 25, 2019 Minutes Page 8  Commissioner Foley said the committee can also assist with completing the application. ') Commissioner Bonitz asked if she would be willing to lead this committee. Commissioner Foley said she will be glad to. J.C. Garbutt stated Grand Tree Chatham have been talking for the last year about funding some tree planting since they have money in the bank from calendar sales. Motion made by Commissioner Baldwin seconded by Commissioner Farrell to have this as a Board Directive. Vote Aye-5 Nay-0 ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Mayor Perry stated that Laura Menison - Governor' s Club Community came to the meeting tonight to learn more about town government. Commissioner Farrell stated that due to severe illness in Mark Davis's family Mark will not be able to build the Santa House this year. Commissioner Farrell asked about East Cornwallis road paving. Manager Gruesbeck said it has r been added to Powell Bill. Commissioner Farrell stated that two street lights downtown were out - one in front of the Old Capital Bank and one in front of Virlie's. Commissioner Foley said she has had the responsibility along with Mr. Gruesbeck for the Town's Facebook page. She asked the board if they would like for her to continue or pass the torch. She wanted the board to give her guidance on what they would like for her to include on the page. The Board agreed they would like for her to continue the Facebook page. Commissioner Fiacco said he has been getting a lot of questions lately about the water issue and what the town is doing. He asked Manager Gruesbeck to think about something more user friendly methods for communicating the Town's work on this issue than the Town's website. They need to know we are working to solve the problem in a more user friendly way. Commissioner Bonitz stated he struggles that we are not responding in importance to the urgency we should in this matter. There was discussion about the water issue and comments received. Commissioner Bonitz asked how it is coming with responding to the HOA. Manager Gruesbeck stated he has a response that will be going out tomorrow. November 25, 2019 Minutes Page 9 Commissioner Bonitz asked that a rough road map be prepared to see what may be involved with Firetower Road and MLK Drive alignment concept - the agency ' s involved, etc. Commissioner Bonitz stated the residents on Juleann Court had received a verbal promise that a 15 foot buffer would be installed - he asked Mr. Jones to find out why that had not been addressed. Commissioner Bonitz asked did he not get the email, Mr. Jones said he did not. Commissioner Bonitz said he would forward the email to him. Commissioner Bonitz stated he would like to see what the plans for the Park Planner position is be a staffing change is made. He said we have a pressing need for connectively in the parks system and other recreation systems. Commissioner Farrell said we hired a Manager to handle personnel. ADJOURNMENT Motion was made by Commissioner Fiocco seconded by Commissioner Baldwin to adjourn at 9:00 p.m. Vote Aye-5 Nay-0 ej~A~ Mayor ATTEST: d__-4ud.~ Alice F. Lloyd, CMC, NCCMC Town Clerk November 25, 2019 Minutes Page 10