1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS MONDAY, JANUARY 27, 2020 JOINT MEETING WITH TOWN BOARD OF COMMISSIONERS AND WATER QUALITY TASK FORCE 6:15 PM ATTENDANCE Members present: Mayor James W. Nass, Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Jay Farrell, Michael Fiacco and Kyle Shipp. Staff present: Manager Bryan Gruesbeck, Clerk Alice F. Lloyd, Attorney Paul S. Messick, Jr. and Engineer Elizabeth Goodson. Mayor Nass welcome the Water Task Force. Cindy Perry, Facilitator of the group introduced the members in attendance there were: Emily Sutton, Bill Holman, Mark Williams, Karen Styres, Kevin Russell, Adam Pickett, Becky Smith, Hugh Harrington, Katie Bryant, Chris Atack, Carla Eanes, Lorie Kramer and Robbie Oldham (sitting in for Hunter Freeman). [ The meeting was to discuss the task of the Water Quality Task Force. Commissioner Baldwin said she would like them to work on 1,4 dioxane . Commissioner Fiacco said he would like to see PF AS and PHOA as well. Mayor Nass said he would like for them to come up with some short-term ideas as well. Commissioner Shipp stated there will be an update on Water and Wastewater Master Plan from the County this evening if you can stay. Committee members would like to see as much data that is available. Emily Sutton gave an update on the lawsuit the Haw River Assembly has against the City of Burlington. . Ms. Sutton stated in Burlington's response they said they had never heard anything from Pittsboro. Commissioner Bonitz asked that each of them to prepare a list of questions the Town might pose to DWQ. Commissioner Fiacco requested the Task Force look into the regulations for preventing upstream discharges, the process of testing prior to discharge and the notification requirements to January 27, 2020 Minutes Page 1 downstream users that enable the downstream user management opportunity to avoid processing, distributing and consuming the discharge." REGULAR MEETING 7:00 PM Mayor James Nass called the regular meeting to order and asked for a moment of silence. PLEDGE OF ALLEGIANCE Commissioner Jay Farrell led the Pledge of Allegiance. ATTENDANCE Members present: Mayor James W. Nass, Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Jay Farrell, Michael Fiocco and Kyle Shipp. Staff present: Manager Bryan Gruesbeck, Clerk Alice F. Lloyd, Attorney Paul S. Messick, Jr., Engineer Elizabeth Goodson, Planner II Victoria Bailiff, Planner I Kaleigh Mielenz, Chief of Police Percy Crutchfield and Water Treatment ORC Adam Pickett. CONSENT AGENDA Commissioner Farrell said he would like to move Item #3 to old Business #1. Motion made by Commissioner Fiocco seconded by Commissioner Farrell to approve the consent agenda with the above change. The Consent Agenda contains the following items : 1. Approve Minutes of the January 13, 2020 meeting. 2. Accept FY 2019-2020 Financial Reporting as of December 31 , 2019. 3. Approve Ordinance to Amend FY 2019-2020 Operating Budget. (moved to Old Bus. #1) 4. Approve UDO Minutes dated December 6, 2018, February 18, 2019, March 18, 2019, May 20, 2019, August 30, 2019 and Direct Clerk to Record Future Worksession Minutes Vote Aye-5 Nay-0 Mayor Nass stated he would like to add a Resolution Recognizing Black History Month as New Business #1 and to add a Closed Session Pursuant to G. S. 143-318.1 l(a)(6) personnel matters. Motion was made by Commissioner Fiocco seconded by Commissioner Farrell to approve regular agenda with the above additions. Vote Aye-5 Nay-0 PUBLIC HEARINGS January 27, 2020 Minutes Page 2  Motion made by Commissioner Fiocco seconded by Commissioner Shipp to go into public hearing. Vote Aye-5 Nay-0 REZONING REQUEST (REZ-2019-04) ON OLD GRAHAM ROAD (PARCEL 6580) FROM R-A5 (RESIDENTIAL AGRICULTURE - 5 ACRE MINIMUM) TOR-A (CZ) (RESIDENTIAL AGRICULTURE CONDITIONAL ZONING DISTRICT) Planner II Victoria Bailiff presented a request from Rexford Landing, LLC that is proposing to rezone approximately 192.7 acres located on the western side of Old Graham Road, north ofthe 64 Bypass (parcel 6580), from R-A5 (Residential Agriculture - 5 acres minimum) to R-A (CZ) (Residential Agriculture Conditional Zoning District). Ms. Bailiff stated staff finds the request inconsistent with the future land use plan. The Board needs to hold the public hearing and refer it to the Planning Board for recommendation. PUBLIC COMMENTS: Richard Quinlan - 115 Holly Glen stated he and his wife chose a rural environment when they moved to the area. Mr. Quinlan stated every house around this property is 5 acres or better and he wants the area to stay the way it is. Ford Dupree - Applicant for rezoning stated they want to preserve the integrity of Pittsboro. He [ said when his family moved here it was because of the rural area feel. Mr. Dupree said the property is suitable for its own septic systems. The lots will have big buffers, they wouldn't touch the trees. Each property would have their own backyard and buffers. The Board asked since it was a conditional zoning, what were the conditions of the zoning. Mr. Dupree said it was open for discussion with the board. Commissioner Fiocco said typically when a conditional zoning comes before the board it has conditions with it although it's not required. Mr. Dupree said the homes would range between $300,000 - $600,000. The cemetery would be protected (it's on private property). Commissioner Fiocco stated there should be interconnectivity . Commissioner Bonitz stated he appreciates the staff analysis. Motion made by Commissioner Fiocco seconded by Commissioner Baldwin to go out of public hearing. Vote Aye-5 Nay-0 I ANNEXATION REQUEST (A-2019-03) OF CHATHAM PARKWAY RIGHT OF WAY January 27, 2020 Minutes Page 3 Motion made by Commissioner Fiacco seconded by Commissioner Shipp to go in public hearing. Vote Aye-5 Nay-0 Planner II Victoria Bailiff reported the town have received a petition requesting annexation. Chatham Park is requesting the Town to annex the right of way for Chatham Parkway from US 64 East northward towards Suttles Road. In the future this area, will request from NCDOT; Bonus Allocation that has been discussed in the past. For NCDOT Bonus Allocation to be requested, this land will eventually be dedicated to the Town. Ms. Bailiff said the hearing today is for annexation only. PUBLIC COMMENTS: Liz Cullington - 390 Rocky Hill Rd. - stated she was confused - the application list parcels but the area was described as 29 acres and right of way would just be 29 acres. She stated she just wanted the Board to figure out what they are being asked to approve. Ms. Bailiff stated the property will be recombined to fit the property line. Commissioner Bonitz asked about how the Bonus Allocation works. Elizabeth Goodson explained the process. Motion made by Commissioner Fiacco seconded by Commissioner Shipp to go out of public hearing. Vote Aye-5 Nay-0 REGULAR MEETING AGENDA CITIZENS' MATTERS Randolph Voller - 21 Randolph Court - Mr. Voller stated that Kelly Clark Boldt - 40 Hawk Spiral had signed up but would not be speaking tonight. Mr. Voller said he is addressing the board for CFHA because the President could not come tonight. There are members of the board and residents in attendance tonight and wanted to see if they can work together and see if they supply people for committees when they come available. The first thing he would like to talk about is the stop signs in Chatham Forest. The Board had reach out to Chief Crutchfield in the past and they asked him to come tonight to discuss it again. He said there are stop signs they want to get installed. The initial correspondence was in June and the direction was to work with Mr. Gruesbeck and Mr. Poteat. One of the directions Chief Crutchfield put in his letter was that nay new locations would need to be authorized by Town Ordinances. If there is already a stop sign and they are wanting to go to a three way, he thinks they would need directions on that. But there are some signs they want to get installed in January 27, 2020 Minutes Page 4  Chatham Forest, so they are asking if there need to be an ordinance. Direction should come from the Board as to what the next step is. Commissioner Fiocco said the Board should be presented a map with locations/type stop signs and they will present it to staff for recommendation. Mr. Voller was directed to submit the map/request to the Town Manager. Manager Gruesbeck said if they want to replace signs with ornamental sign, typically the Town would cover the cost of a traditional sign and the HOA would make up the cost of the difference. Mr. Voller stated a letter was sent from the HOA back in the fall that there is a blue line stream across Cynthia Lane and crosses Thompson Street, and it will be impacted by the area north. They want to know how to work with the Town on flood prevention in the area. They would also like to help the folks on Firetower Road get their utilities upgraded. It would be a shame for the area to be left out of access to town utilities. It was discussed that they would have to come before the Town for annexation. Commissioner Baldwin stated she has approached them in the past about annexation and they were not in favor ofit. Mr. Voller said the Town needs to investigate aligning Firetower Road with MLK before someone get hurt. Mr. Voller said we now have pipe crossings west of intersections and we need to keep an eye on them. COMMISSIONER/MANAGER UPDATES f Mayor Updates • EDC • RPO • Fairground Association • PEA/Downtown - Commissioner Fiocco stated they are planning for the Local On Main and Pepper Fest Events. • Triangle J Council of Governments • Main Street - Commissioner Fiocco reported that work has begun inside the Welcome Center and hope to make changes to the exterior in the next couple of weeks. • Climate Change • Human Relations Committee • Chatham County Arts Council OLD BUSINESS ORDINANCE TO AMEND FY 2019-2020 OPERA TING BUDGET FOR RAIN GARDEN Commissioner Farrell said he is concerned about spending $ I 7,000 on an unsafe comer. Commissioner Fiocco said this will dress it up. They will install a stone wall with concrete caps which you can sit on (like in Page Vernon Park) the safety component is the bench. Commissioner Farrell said it still seems unsafe. January 27, 2020 Minutes Page 5 Commissioner Bonitz stated he hope the Board will address Commissioner Farrell concerns and feels that maybe some plantings in there will make it less attractive to children. Maria Lewis said the Main Street Group have those same concerns, but it is a matter of funds. That is why they are doing it in two phases. Commissioner Shipp asked about the price of the plants. Ms. Lewis said the quote they received last year was between $2500 & $3000. Motion made by Commissioner Fiocco seconded by Commissioner Bonitz to approve the Ordinance to amend FY 2019-2020 Operating Budget. Vote Aye-5 Nay-0 AN ORDINANCE AMENDING THE FY 2019-2020 OPERA TING BUDGET IS RECORDED IN THE BOOK OF ORDINANCES NUMBER ONE, PAGE 1 MANAGER'S UPDATE Manager Gruesbeck gave an overview of the written update submitted to the Board of Commissioners. The update can be found at: https ://pittsboronc.gov/index.asp?Type=B BASIC&SEC={A8B0C0DA-CABE-443A-9A4C- C72AD6E89CBD}&DE={676C096E-0EBC-46C4-9441-FA6 l 56EDE3 F8} (Updates 01.27.20) Board agreed to hold the second day of retreat on March 7, 2020. CHATHAM COUNTY COMPREHENSIVE WATER AND WASTEWATER UTILITY MASTER PLAN UPDATE Engineer Elizabeth Goodson stated the Board of Commissioners received and update on Utilities in July 2019. At this time, we discussed the conclusion of the Chatham County Master Utility Master Plan ("Master Plan"), the immediate needs with reclaimed water and how we would be looking at upgrades to utility mains as development occurred. With a couple of new board members now on the board that were not a part of that discussion, staff wanted to have another update. Hazen & Sawyer gave a PowerPoint presentation which can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={A8B0C0DA-CABE-443A-9A4C- C72AD6E89CBD}&DE={676C096E-0EBC-46C4-9441-FA6156EDE3F8} (Chatham County Comprehensive Water and Wastewater Utility Master Plan) What's next? Expansion of plants? Preliminary Engineering Report? NEW BUSINESS RESOLUTION RECOGNIZING BLACK HISTORY MONTH Mayor Nass submitted the proposed resolution to the Board tonight for their review. Commissioner Baldwin asked that "Black African Americans" be changed to "African January 27, 2020 Minutes Page 6  Americans" though out the Resolution and that "in this month as well as in the overall US history" be added to the last paragraph. Mayor Nass read the Resolution into the record. It can be found at: https://pittsboronc.gov/index.asp?Type=B BASIC&SEC={ 36B 700C0-232D-4 l AS-961 B- 2A85F0FD4AE7} &DE= f AB5A3D21-D06A-4BF5-BA 79-4 l 4 l 43636ACA} (Black History Resolution 01272020) Commissioner Bonitz asked about the fifth paragraph. Mayor Nass said he spoke with Robert Pearson, Chatham East NAACP. Mr. Pearson is working with them to document the history of Chatham County African American Experience within Chatham County. He is hoping to receive dialogue from throughout the community. Mr. Pearson asked for our assistance in the form of support in getting that done (no monies). Mayor Nass and Commissioner Fiacco have talked about when the Welcome Center is complete having a small space in there where people can dialogue their experience. Motion was made by Commissioner Shipp seconded by Commissioner Baldwin to approve with the corrections made above. Vote Aye-5 Nay-0 A RESOLUTION RECOGNIZING BLACK HISTORY MONTH IS RECORDED IN THE BOOK OF RESOLUTION NUMBER ONE, PAGE 1 BOARD DIRECTIVES - None Scheduled f ADDITIONAL UPDATES AND REPORTS COMMISSIONER CONCERNS Commissioner Shipp asked what the date was to receive feedback on the Bicycle/Pedestrian Plan. Ms. Goodson stated she was not sure, but she would check. Commissioner Shipp stated he also looked for it on the website today and could not find it. Commissioner Shipp mentioned this being Ms. Goodson 's last meeting and Ms. Lloyd next to the last meeting. Commissioner Shipp said on the Planning page of the website the Current Plans Under Review hasn't been updated since October. He would like for us to keep them more up to date. He stated he noticed today that one plan had been update to the website and he thanked Planning staff for that. Mayor Nass stated he received an email concerning the tennis courts. He stated there are several lights out and asked if we could see about getting them fixed. Mayor Nass said apparently a Tennis Coach has put together a youth organization to get them interested in tennis. Manager Gruesbeck said we have a quote on replacing the lights. CLOSED SESSION January 27, 2020 Minutes Page 7 Motion made by Commissioner Shipp seconded by Commissioner Bonitz to go into closed session pursuant to NCGS 143-318.l l(a)(6) to consult with the attorney regarding personnel. Vote Aye-5 Nay-0 Motion made by Commissioner Fiacco seconded by Commissioner Shipp to go out of closed sess10n. Vote Aye-5 Nay-0 REGULAR MEETING Motion made by Commissioner Fiacco seconded by Commissioner Shipp return to the regular meeting. Vote Aye-5 Nay-0 Mayor Nass stated the majority of the Board of Commissioners requested the resignation from Town Manager Bryan Gruesbeck. Attorney Messick stated Mayor Nass should continue with what he was saying that the Board had asked Mr. Gruesbeck to resign and offered him the opportunity to respond. Mr. Gruesbeck's response was he considered the request to be a termination under his contract and therefore he tendered his resignation as long as he received his full severance that is outlined in his employment contract. Mayor Nass stated Mr. Gruesbeck has tendered his resignation subject to payment of the severance benefits forth in Section 9 and Section 10 of his employment contract. Motion made by Commissioner Fiacco seconded by Commissioner Bonitz to accept the resignation from Bryan Gruesbeck as Town Manager and pay of his full severance benefits. Vote Aye-5 Nay-0 Motion made by Commissioner Fiacco seconded by Commissioner Bonitz to appoint Attorney Paul Messick as Interim Town Manager. Vote Aye-5 Nay-0 ADJOURNMENT Motion made by Commissioner Fiacco seconded by Commissioner Shipp to adjourn at approximately 11: 15 p.m. ayor ATTEST: January 27, 2020 Minutes Page 8  ~ J. /tbU Alice F. Lloyd, CMC, NCCMC Town Clerk [ January 27, 2020 Minutes Page 9