1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS MONDAY, MARCH 23, 2020 REGULAR MEETING 7:00 PM Due to COVID-19 there will be limited seating at the meeting to allow for social distancing. If one wishes to make comment about an Agenda item, they may email the Town Clerk or drop off written comments at the drive-up window at Town Hall. Mayor Jim Nass called meeting to order and asked for a moment of silence. PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Commissioner Jay Farrell. ATTENDANCE Members present: Mayor Jim Nass, Mayor Pro Tern Pamela Baldwin, Commissioner Michael Fiocco, Commissioner Kyle Shipp and Commissioner John Bonitz (via phone). Staff present: Interim Town Manager Bob Morgan, Captain Troy Roberson, Attorney Paul Messick, Finance Director Heather Meacham and Interim Town Clerk Cassandra Bullock. Motion made by Commissioner Fiocco, second by Commissioner Baldwin to approve the Regular Agenda to go into Public Hearing. Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco, seconded by Commissioner Shipp approve Consent later. Vote Aye-5 Nay-0 PUBLIC HEARING 1. Issuance of Educational Facilities Revenue Bonds for the benefit of Thales Academy. Action recommended: Consider Approval, Solely for Purposes of Meeting the Requirements of the Internal Revenue Code, f up to $40,000,000 in Educational Facilities Revenue Bonds (the "Bonds") to be issued by the Public Finance Authority for the Benefit of Thales Academy. RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE TOWN OF PITTSBORO, NORTH CAROLINA, APPROVING IN PRINCIPLE THE ISSUANCE OF NOT TO EXCEED $40,000,000 OF PUBLIC FINANCE AUTHORITY EDUCATIONAL FACILITIES REVENUE BONDS (THALES ACADEMY PROJECT), SERIES 2020. MARY NASH RUSHER WITH MCGUIRE WOODS LLP SPOKE REGARDING THE FINANCING AND REFINANCING. THALES IS A PRIVATE SCHOOL THAT MOSTLY HOUSE K-5 OR K-8 A HIGH SCHOOL IN APEX. THROUGH CHATHAM PARK PITTSBORO WILL HOUSE K-5 BUT WILL EVENTUALLY GO K-8. SHE COMES BEFORE THE BOARD BECAUSE THE BOND FINANCING FOR THE EXISTING CAMPUS AND NEW CAMPUS WHICH ARE "TAX BONDS". CONGRESS IN THE 1980'S PERMITTED NONPROFIT 510 C ORGANIZATIONS WHICH RANGE FROM K-12 SCHOOLS, PRIVATE SCHOOLS, PRIVATE COLLEGES, PRIVATE UNIVERSITIES, YMCA' S AND MUSEUMS TO TAKE A ADV ANT AGE OF WITH ONLY ONE REQUIREMENT WHENEVER THERE IS A TAX EXEMPT FINANCING "THE JURISDICTION IN WHICH THE FACILITY TO BE BUILT SITS MUST APPROVE THE IN PRINCIPAL IN FACT TAX EXEMPT BONDS ARE BEING USED TO FINANCE THE FACILITY. Ms. RUSHER ADVISED THAT THIS IS NOT THE TOWN OF PITTSBORO'S DEBT THE BORROWER IS SOLELY RESPONSIBLE TO PAY BACK THE DEBT THIS IS SIMPLY TO SATISFY THE REQUIREMENT FOR THE FEDERAL TAX CODE. COMMISSIONER FIOCCO QUESTIONED WHY wAS THE STATE OF WISCONSIN INVOLVED? MS . R USHER ADVISED IF A NONPROFIT WANTS TAX EXEMPT BONDS THEY HAVE TO FIND AN ISSUER AND IT HAS TO BE A GOVERNMENT ISSUER THEY HA VE TO HAVE THE POWER TO DO A "CONDUIT BOND", ISSUER TOUCHES THE MONEY AS IT GOES BY THAT MAKES IT TAX EXEMPT BUT YOU DO HA VE TO HAVE A GOVERNING BODY IN THE MIDDLE. NORTH CAROLINA HAS ONE ISSUER, NORTH CAROLINA CAPITAL FACILITIES FINANCE AGENCY WHICH IS A PART OF THE NORTH CAROLINA TREASURER BUT THEY HA VE STRICT UNDERWRITING LAWS. COMMISSIONER Frocco QUESTIONED IF Ms. RUSHER WOULD BE WILLING TO ADD AND ITEM TO # 2? HE WOULD LIKE TO ADD. AFTER "BORROWER" INSERT" THE AUTHORITY OR BOND HOLDER." MS. RUSHER ADVISED SHE WOULD, MAKE THE CHANGE. MOTION MADE BY COMMISSIONER FIOCCO, SECONDED BY COMMISSIONER SHIPP TO GO OUT OF PUBLIC HEARING. Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco to approve the Resolution, approving in principle the issuance of not to exceed $40,000,000 of Public Finance Authority Educational Facilities Revenue Bonds (Thales Academy Project), series 2020. Vote Aye-5 Nay-0 2 Motion to Approve Consent Agenda was made by Commissioner Shipp, seconded by Commissioner Fiocco with the change of moving # 5 to New Business # 1. Vote Aye-5 Nay-0 CONSENT AGENDA The Consent Agenda contains the following items: 1. Minutes of March 9, 2020 were approved. 2. Approved to set Public Hearing for April 27, 2020 REZ-2019-06 216 Hillsboro Street. 3. Approved to set Public Hearing for April 27, 2020 REZ-2020-01 Diane Street. 4. Approved of the Final Subdivision Plat Review SUB-2018-05: Cedar Lane. 5. Removed from Consent Agenda and added to New Business. 6. Approved to Adopt Ordinance to Amend Budget Amendment for the Capital Project Budget for the Town Hall Project. 7. Approved Amendment to the Personnel Policy to create a Public Health Leave. End of Consent Agenda. NEW BUSINESS 1. Amend the pay plan by changing the title of Police Captain to Assistant Police Chief. Action recommended: Approve the change of title of the Police Captain position to that of Assistant Police Chief. Discussion: Commissioner Shipp wanted to know what was unclear about the chain of command. 3  Interim Town Manager Bob Morgan advised it was just to clarify to the public, having an Assistant Police Chief is easier to understand rather second in command, He was just changing the Titles not the pay. Commissioner Jay Farrell wanted to know isn't it the responsibility of the Chief to appoint his Assistant Chief? Interim Town Manager Bob Morgan advised the Chief would also work with the Town Manager for the reclassification. Commissioner Shipp questioned if the change would happen again once the Police Chief is selected. Interim Town Manager Bob Morgan advised maybe. Commissioner Shipp was confused why doing it now, it is strange. Commissioner Fiocco questioned is the Captain the second in command now? Interim Town Manager Bob Morgan explained if the Captain applied for the Police Chiefs job but didn't get the job, he would be having the new title as Assistant Police Chief as a reward for stepping in as Interim Police Chief. Mayor Pro-Tern Pamela Baldwin stated she feels like people would understand who is in charge. Commissioner Jay Farrell would like to have the Amendment Tabled. He doesn't see the necessity. Commissioner Shipp advised it could wait not really sure why it was brought up now. Motion made to Table item# 1 by Commissioner Jay Farrell, Commissioner Kyle Shipp seconded the motion Vote Aye-5 Nay-0 REGULAR MEETING AGENDA COMMISSIONER/MANAGER UPDATES Mayor Updates- Mayor Nass advised he, and Commissioner Kyle Shipp met with Director and CEO of the Boys & Girls Club of Central Carolina and he is very excited about working with Pittsboro on getting the 4 program jump started. We would need to form an advisory board that will start up the program and come up with fundraising ideas. Commissioner Kyle Shipp states we could have the everything up and running in 60 days after securing a building and one year of operational cost. Mayor Jim Nass has asked Commissioner Kyle Shipp to head up the board and he accepted. • EDC-Alyssa Byrd is working to try and help the Small Business regarding Covid-19, she will be researching other avenues and handing out packets. • RPO- Not meeting until April. • Fairground Association • PBA/Downtown • Triangle J Council of Governments • Main Street- The flooring has gone down; everything is mostly painted, and furniture should be in soon. They are working to keep the cost down. • Climate Change • Human Relations Committee • Chatham County Arts Council • FYI- Starting April 1 Pam and Sniffy will invest in the Facade Program for the Old Beggars and Choosers it will be for the front and side of the building. • Tommy and Cindy Edwards will also begin improvements for 107, 109 and 115. Hillsboro/Salisbury Street in April as well. Manager Updates- Interim Town Manager Bob Morgan advised that tomorrow he will be putting out updates on the parks. He will only be locking up the amenities and putting caution tape around the playground areas, swings and at this time the Trails and Disc golf will remain open. BOARD DIRECTIVES - none scheduled ADDITIONAL UPDATES AND REPORTS 1. Commissioner Concerns. Commissioner Jay Farrell asked our Finance Director Heather Meacham about our deposit requirements for commercial accounts, Finance Director Heather Meacham advised we charge all commercial accounts $500 and that money stays on the account until the account is closed. Commissioner Jay Farrell has requested that we relook at changing that policy. Finance Director Heather Meacham advised she will investigate changing the Ordinance. Commissioner Fiocco spoke about landlord water accounts, Finance Director Heather Meacham advised our current system does not have capability to automatically switch back into a Landlords name, but our new system will. Commissioner Jay Farrell wanted to make a motion to put Chief Percy Crutchfield on the reserve list and advised that he would like to come back as a reserve officer only, he will need to be made a reserve Officer by Friday or we would have to pay for his Criminal Background check and Physical so we can save money by adding him before Friday. 5 Interim Town Manager Bob Morgan advised that decision should be left up to the new Police Chief, it really wouldn't be good to have two Police Chiefs on the same force but he will allow Chief Percy Crutchfield serve as a Reserve until sunset of July 1, 2020 and the new Town Manager and Chief of Police can make that determination. He states with his experience it could cause a conflict. Mayor Jim Nass also made the comment that having two Police Chiefs on the same force have been known to cause conflicts. Commissioner Kyle Shipp does not see any concerns with Chief Percy Crutchfield serving as a Reserve, with everything going on at the time we will need all the officers we can use. Mayor Pro-Tern Pamela Baldwin confirmed that with Interim Town Manager Bob Morgan that he would be a Reserved Officer and she did not have an issue with it either. Commissioner Fiocco agreed he did not have a problem with retired Chief Crutchfield serving as a reserve officer, but BOC can't make a motion to direct the Interim Town Manager to hire someone. Commissioner Fiocco will not vote on employment it should be left up to the New Town Manager. Commissioner Jay Farrell confirmed with Interim Town Manager Bob Morgan that Chief Percy Crutchfield will start Friday, March 27, 2020 as a Reserve Officer until July 1, at that time either the Town Manager or Police Chief will make that decision if it is a good fit to keep him on. Commissioner Jay Farrell withdrew his motion. Commissioner Kyle Shipp has concerns pertaining to Water Quality Task Force, he advised that the Commissioners were to have monthly updates from the meeting, and they have not received any updates. He is requesting that we begin having regular updates. Mayor Nass advised he would contact the Chair of the Committee and remind her that the Board would like copies of the minutes and updates and have them submit regular briefings to the board. Commissioner Kyle Shipp also had some concerns with the utility work being done around town, in particularly around the circle, the companies are not cleaning up after themselves and it is making the Town look messy. Commissioner Kyle Ship wanted to know if someone has a complaint whom would they contact, Interim Town Clerk Cassandra Bullock advised they can contact her, and she will follow up with the contractors. He gave an example: Comer of E. Chatham Street and Sanford Road. Mayor Pro-Tern Pamela Baldwin wanted to know who was responsible for the Red Mud running into the parking lot of Food Lion? She wanted to know ifwe could ask the company to clean the road more frequently. Interim Town Clerk Cassandra Bullock mentioned that the contractors are supposed to be flushing the road daily but wasn't clear if it was happening, she advised that will check on if they are flushing on daily basis and follow back up with her. 6 Commissioner Kyle Shipp also had concerns about Cedar Lane he advised there is a lot of construction debris, tree debris. Interim Town Clerk Cassandra Bullock advised she will check on the clean up process. Commissioner Fiocco mention a concern he had it was about four months ago he was coming up on at the Hwy 87 Traffic Circle near the Community College and it was around dusk the lighting was bad. He asked Town Manager at the time to investigate having the NCDOT put some lighting up, he mentioned a few meetings after that there was mention NCDOT was working on it. Interim Town Manager Bob Morgan advised he will look into it. Mayor Nass has concerns about speeders on Oakwood Drive. He wanted to know what it would take to install speed bumps. ADJOURNMENT Motion made by Commissioner Fiocco seconded by Commissioner Shipp to adjourn at 7:50pm. , Mayor ATTEST: am� Ul3u.J,/at___ Cassandra Bullock, Town Clerk 7