1. Board of Commissioners (BOC)

MINUTES ' TOWN OF PITTSBORO BOARD OF COMMISSIONERS I MONDAY, May 11, 2020 SPECIAL MEETING 5:30 PM & REGULAR MEETING 7:00PM SPECIAL MEETING Mayor Jim Nass called the Special Meeting to order. Motion made by Mayor Pro Tern Pamela Baldwin seconded by Commissioner Farrell to go into Closed Session to discuss candidates for Town Manager. Motion made by Mayor Pro Tern Pamela Baldwin seconded by Commissioner Jay Farrell to come out of Closed Session. Mayor Jim Nass called the Regular 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 Jim Nass, Mayor Pro Tern Pamela Baldwin, Commissioner Jay Farrell Virtual: Commissioner Michael Fiocco, Commissioner Kyle Shipp, Commissioner John Bonitz Staff present: Attorney Paul Messick, Interim Police Chief Shorty Johnson, Interim Town Clerk Cassandra Bullock. Staff Virtual: Interim Town Manager Bob Morgan, Finance Director Heather Meacham, Planning Director Jeff Jones, Planner II Kayleigh Mielenz. Motion made by Pro Tern Pamela Baldwin to approve the Agenda seconded by Commissioner Farrell. Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco to conduct the Public Hearing seconded by Mayor Pro Tern Baldwin. Vote Aye-5 Nay-0 I  PUBLIC HEARINGS 1. REZ-2019-06 216 Hillsboro St. Rezoning Action recommended: Conduct Public Hearing. Presented by Kaleigh (Planner II) with Planning Department HACO Properties is proposing to rezone 216 Hillsboro St, Parcel# 78 I 2, approximately .78 acres, from R-10 (High Density Residential) to O&I (CZ). The Future Land Use Plan has these parcels designated as Traditional Neighborhood. An accounting business is currently operating on the property. Attorney Paul Messick advised the Mayor there were two written comments Commissioner Shipp asked Kaleigh how one would submit comments. Kaleigh advised they could either email to Interim Town Clerk Cassie Bullock or bring them to Town Hall via drive thru window . Commissioner Fiocco asked if we haven't rec ' d a comment would we assume no comments were made? Commissioner Fiocco advised that two of the comments were in support and no one submitted opposing. Commissioner Shipp advised he knew a least one person wanted to speak at the meeting then realized they couldn ' t attend but would join in our zoom meeting. He stated the new laws state Public Hearings must remain open for 24hrs after we conduct them to receive comments. Attorney Messick agreed. Commissioner Fiocco asked should one of us read comments into the record. Mayor Nass advised he will. Mayor Nass asked the Interim Town Clerk Cassandra Bullock if she had rec ' d anymore comments? Clerk advised she hadn ' t. Mayor began reading comments, see attached. Commissioner Shipp advised anyone that the Zoom call couldn't speak but had the opportunity to submit comments up to 24hrs after the Public Hearing. Attorney Messick advised there was at least one member that wanted to speak. 2  Commissioner Fiocco questioned how would the board receive comments after the meeting concerning the Public Hearing? Attorney Messick advised they would first file with the clerk, then Planning Board, then whatever packet the Board Members get after the planning board meeting. Walter Harris from 281 Hillsboro Street asked to speak. He indicated he served on Planning Board for Town of Pittsboro, worked as the Town Manager for the Town of Pittsboro also worked in Planning office in Cary. He speaks against this situation as Mrs. Perry and Mr. Cockman have concerning the rezoning for 216 Hillsboro Street. He also had to corrections to note in the packet materials: 1. It says the parcel is 7812 it should be noted its 7813 2. From RIO High Density residential it should be R12 and he asked that we correct that. Kaleigh advised she has made the noted changes. Sean Dolle with Grounded Engineering is helping the applicant, she is running a bookkeeping business out of the property and has for 13yrs from that location, he states last year the Town of Pittsboro's Planning Department came to the applicant advising her property wasn't zoned correctly. She began making progress to make the correction to the zoning. Sean Dolle advised Ms. Haley would like to be able to operate from location if possible, there was a neighborhood meeting no one attended the meeting. Commissioner Shipp wanted to know if anyone lives at that property? Ms. Haley advised no one lives there. Commissioner Fiocco made a motion that we close the Public Hearing in accordance to the law providing it remain open for 24hrs after the meeting then forward to the Planning Board and that motion was seconded by Commissioner Shipp. Vote Aye-5 Nay-0 Motion made by Commissioner Fiocco and seconded by Commissioner Bonitz to close REZ-2019-06 216 Hillsboro Street. Vote Aye-5 Nay-0 Commissioner Fiocco made a motion to enter in a Public Hearing and Commissioner Bonitz seconded that motion. Vote Aye- 5 Nay- 0 [ 2. REZ-2020-01 88 & 212 Diane St Rezoning 3  Action recommended: Conduct Public Hearing. Presented by Kaleigh (Planner II) Planning Department Commissioner Fiocco asked if there was anyone that wanted to speak? Mayor Nass asked if anyone wanted to speak? Landen Lovelace with Underfoot Engineering from Cary, NC wanted the properties rezoned to R-10 from commercial. The surrounding parcels are medium- density residential and this would be a straight R-10 rezoning. Mayor Pro Tern Pamela Baldwin made a motion to send it to the Planning Board for review, seconded by Commissioner Farrell. Vote Aye-5 Nay-0 Mayor Pro Tern Baldwin made a motion to go out of Public Hearing seconded by Commissioner Fiocco. Vote Aye-5 Nay-0 Commissioner Shipp made a motion to approve the Consent Agenda with moving items #1 and #4 to New Business, seconded by Commissioner Fiocco. Vote Aye- 5 Nay-0 CONSENT AGENDA Mayor Nass will ask for a call for action on the consent agenda. (A motion will be made to either approve the consent agenda as proposed or a motion will be made to modify the consent agenda). The Board of Commissioners uses a Consent Agenda to act on non-controversial and routine items quickly. The Consent Agenda is acted upon by one motion and vote of the Board. Items may be removed from the Consent Agenda and placed on the Regular Agenda at the request of a Board member or citizen. The Consent Agenda contains the following items: 1. Approve Minutes of the March 17, 2020 meeting. (moving to New Business #1) Action recommended: Approve the minutes. 2. Approve Minutes of the April 27, 2020 meeting . Action recommended: Approve the minutes. 4  3. SP-2020-03 Mosaic Area A Individual Lots Phase 2. Action recommended: Set the Public Hearing for May 26, 2020. 4. Sewer Ordinance Appeal. (moving to New Business #2) Action recommended: Approve Ordinance. 5. Set Public Hearing for FY 2020-2021 Annual Budget Action recommended: Set Public Hearing for June 8, 2020. End of Consent Agenda. Mayor Pro Tern Baldwin made a motion to approve the Regular Agenda seconded by Commissioner Farrell. Vote Aye-5 Nay-0 REGULAR MEETING AGENDA [ Citizens' Matters No one signed up to speak. COMMISSIONER/MANAGER UPDATES Mayor Updates • EDC-Commissioner Fiocco Zooming along tomorrow morning May 12. • RPO • Fairground Association • PEA/Downtown-Commissioner Fiocco will also be Zooming as well on Wednesday May 13. • Triangle J Council of Governments • Main Street-Commissioner Fiocco advised the 4 corners of Hillsboro/Salisbury and Circle Northwest & Northeast will all get the fac;ade improvements through a grant program; the Welcome center is going to be an attractive building. • Climate Change • Human Relations Committee • Chatham County Arts Council Commissioner Fiocco asked Interim Bob Morgan what was the update on the lighting project at [ the Circle of Hwy 87? 5 DRAFT DRAFT Interim Town Manager Bob Morgan advised he will check into it this week and follow back up with Commissioner Fiocco. NEW BUSINESS 1. Approve Minutes of the March 17, 2020 meeting. Action recommended: Approve the minutes. Commissioner Shipp advised the meeting was on March 18 th . He also sent out corrections and Commissioner Bonitz states he supports his corrections. Commissioner Fiocco also briefly reviewed and did not take exceptions Motion by Bonitz, Second by Shipp Vote Aye -5 Nay-0 2. Sewer Ordinance Appeal. Action recommended: Approve Ordinance. Attorney Messick states this should be in regard to a "Repeal" not a "Appeal". Commissioner Shipp stated in the Memo and proposed ordinance it states Chapter 25 Article 7 but he believes it is Chapter 25 Article 8. Commissioner Shipp made a motion to approve the ordinance with correction from Chapter 25 article 7 to Chapter 25 article 8, seconded by Mayor Pro Tern Baldwin. Vote Aye-5 Nay-0 3. NPDES permit renewal (Paul Messick) Action recommended: Receive the Report Messick advised the permit has two major issues regarding sewer, the other is the Sanford Force main. The permit has been in renewal for some time. The Town has proceeded on without the renewal. Chatham Park and reclaimed facility is being constructed on Hwy 64 and the issues with that the Town has addressed over the last several years. When some of the stake holders and state regulators were advised the renewal permit should consider reclaimed water and the existing wastewater treatment plant the Town has. The state will look favorably of the co application with the Town and operation of Chatham Park reclaimed water facility. Since the Town Engineer Elizabeth Goodson left and turned things over to Hydrostructures (Becky Smith) has been working on the revision of the permit. The state has changed the forms, so we had to redo them. The Applications for the permit are ready to be filed. 6 r Mayor Pro Tern Baldwin asked would the permit be in the name of the Town? Messick advised the permit would be under the Town of Pittsboro/Chatham Park the state is wanting both on the permit. Mayor Pro Tern asked if the Town of Pittsboro decides to build their own facility how could we obtain our own permit? Messick states the permit is based off of the Town of Pittsboro ' s wastewater facility . Mayor Pro Tern Baldwin wants to make sure there won't be an issue later down the line ifwe would like just our name of the permit. Messick under the provisions the Town could purchase the permit at some point, and we would be able to remove the facility off the permit. Mayor Pro Tern Baldwin questioned if we had a second permit that discharges into the Haw? Messick states the Town has two out falls in one permit. 1. Out fall is to Roberson Creek 2. Another is to the Haw Baldwin request that we insert the permit # after NPDES . Messick advised he will make the change. r Commissioner Bonitz asked if Becky Smith would like to chime in? Becky Smith no permit is written, new plants gets 499,000 the rest will remain with Pittsboro once Pittsboro goes offline 0.75 mgd will remain Pittsboro control. She was under the understanding the contract to Sanford required the Town fulfill the complete 2MGD to Sanford allow the flow from the new Chatham Park plant to the Roberson Creek. Messick said yes there is a provision you have to send 2 million gallons of wastewater to Sanford except 499,000 that is going to the Chatham Park Reclaim facility and additionally from Chatham Park or Pittsboro Plant can only functioning after the 2 million goes to Sanford 4. Chatham County Fair Utility and Greenway Easement (Paul Messick) Action recommended: Adopt the Resolution . A RESOLUTION CLARIFYING THE CHATHAM COUNTY AGRICULTURAL AND INDUSTRIAL FAIR, INCORPORATED 2019 UTILITY AND GREENWAY EASEMENT WHEREAS, Chatham County Agricultural and Industrial Fair, Incorporated ("Fair") is 7 the owner of a certain tract of land in the Town of Pittsboro, Center Township , Chatham County and more particularly described in the deed recorded in Book KN , Page 566 of the Chatham County Registry, as modified by a "Line Agreement" recorded in Book 612, Page 514 of the Chatham County Registry (the "Property"); and WHEREAS, Fair previously executed and delivered to the Town of Pittsboro ("Town") a Utility Easement and Greenway Easement dated October 10, 2019 which was recorded in Book 2071 , Page 1044 of the Chatham County Registry (the "2019 Easement") which grants to the Town certain rights in and to the Fair Property ; and WHEREAS, the 2019 Easement possibly conflicts in some respect with the terms of a certain road easement previously granted by the Fair to Chatham Land, Inc, dated July 5, 1969 recorded in Book 351 , Page 37 of the Chatham County Registry (the " 1969 Hamlet Right-of- Way") and an agreement dated October _ _, 1993 previously entered between the Town and Billy C. Hamlet and wife, Cheryl Hamlet, successors in title to Chatham Land, Inc., which is recorded in Book 626, Page 649 of the Chatham County Registry (the " 1993 Hamlet Agreement"); and WHEREAS, in order to resolve possible conflict and confusion concerning the 1969 Hamlet Right of Way, the 1993 Hamlet Agreement, and the terms of the 2019 Easement, the Town desires to acknowledge the terms of the 2019 Easement granted to it by the Fair and to affirm that the easement rights therein granted, including the Utility Easement and the Greenway Easement, are subject to the rights, privileges, burdens and benefits of the 1969 Hamlet Right-of-Way and the 1993 Hamlet Agreement. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of Pittsboro that the rights and interests granted by the Fair in the 2019 Easement to the Town shall not be exercised so as to unreasonably interfere with the rights previously granted by the Chatham County Agricultural and Industrial Fair, Incorporated in the 1969 Hamlet Easement and the benefits and burdens agreed to by the Town in the 1993 Hamlet Agreement, including, but not limited to, prohibition of vehicular traffic within the Hamlet road easement right-of-way in the event of the Town' s future use of the Greenway Easement for public greenway purposes. Adopted this_ day of _ _ _ __ 2020. Messick presented a Memo and tried to describe the history between the Town and neighbors Bill & Cheryl Hamlet. Chatham County Agricultural and Industrial Fair, Incorporated ("Fair") has owned a tract of land on Roberson Creek since 1950. It is adjoined on the south side of the creek by Billy and Cheryl Hamlet. The Hamlet property was granted a 30 ' road easement in 1969 by the Fair from the end of what is now known as Martin Luther King Drive (the " 1969 Hamlet Right-of-Way"). A copy is attached as Exhibit A. In 1993 the Town and Hamlet entered into an agreement related to the possible interference of the town ' s existing sewer line and the 1969 Hamlet easement (the " 1993 Hamlet Agreement"). A copy is attached as Exhibit B. Last year the Town was granted an utility and greenway easement 30 ' in width from the terminus of MLK Drive southwardly to an intersection with the Town ' s existing easements running to the Wastewater Treatment Plant (the "2019 Easement"). A copy is attached as Exhibit C. Work is beginning on the 2019 Easement premises which will install two wastewater lines along MLK and southwardly to the Town ' s existing sewer easements. The Hamlets have again questioned the possible interference of the new sewer lines with the 1969 Hamlet Right-of-Way. The new lines will be at least 3' underground and the surface will be restored upon completion to as good or better condition than currently exists . There is no actual road constructed on the 1969 Right-of-Way to access the Hamlet property. 8  Perhaps of more concern is the language in the 2019 Easement related to the Greenway Easement. This language is like other such easements and generally provides that the Town may, but is not required to, construct a greenway over and across the premises identified in the easement. There is language in these easements to the effect that vehicular traffic might be prohibited on a public greenway. It is possible the premises described in the 1969 Hamlet Right-of-Way and the 2019 Greenway Easement may overlap although the description in the former is very general. Since the 1969 agreement was made and recorded 50 years ago, it has priority both in time and legal effect over the 2019 Easement. Nonetheless, Mr. and Mrs. Hamlet are concerned that some future Board might attempt to prohibit vehicular traffic upon the same premises upon which they have a right to construct a road. To ameliorate trus concern, I have prepared an attached resolution for the Board to consider acknowledging the various documents and interests created in the past 50 years and their possible conflicts. Even though perhaps authorized by the 2019 Easement from the Fair, I believe the Town cannot unreasonably interfere with the prior "road" rights granted to Hamlet's predecessor in 1969. In that regard, the new sewer lines under construction within the 2019 Utility Easement premises do not in my opinion unreasonably interfere with any surface rights held by Hamlet at the depth contemplated. Further to the extent that there might be a future greenway constructed upon the Greenway Easement premises authorized by the Fair in 2019, the Town cannot prohibit vehicular traffic over and across any future road constructed upon the Hamlet road right-of- way. If the Board concurs, it should adopt the attached resolution and forward a copy to Mr. and Mrs. Hamlet. If you have any questions, please let me know. Commissioner Farrell asked why are they requesting a resolution instead of an agreement, what is the difference? T. C. Morphis the resolution does not terminate the agreement concerns. The resolution will be r registered with the County and that means it will not get lost. Ken Eagle advised in 1993 agreement deals with the sewer line went thru the Hamlet easement, the line is above ground. Bonitz stated we should be mindful of the urgency of Chatham Park Investors wanting to process he is aware that the bike and Pedestrian plan is not finalized yet but was not sure people were aware of the easement. The Town is in need green ways, bikeways, and pedestrian ways. He wanted to know does the resolution protect that. Baldwin asked if we have the resolution recorded would that take care of the issue? Messick states that is correct. Fiacco asked about private access rights vs public access. Is the use of the Hamlets easement access for public or private use only? Messick advised in 1993 additionally the right of way was acquired by Mr. Hamlet. If the road were built and the and the Town would accept it then it would become a public road. Fiacco states he understands that their concern is in the greenway easement and the Prohibition of [ Vehicular Traffic and want to make sure the agreement does not get lost. 9 Messick advised that the Resolution will take care of all it. Fiocco suggested that we remove the language of Prohibition Vehicular Traffic and we adopt the Resolution would that please the Hamlets. Morphis advised that it would. Commissioner Fiocco made a motion and it was seconded by Commissioner Bonitz that Attorney Messick will make the language changes before the next meeting. Vote Aye-5 Nay-0 I. Traffic Calming Policy (Bob Morgan) Action recommended: To provide direction to the Interim Town Manager as how the Board desires to address request for traffic calming. Interim Bob Morgan said the policy wasn't adopted but suggest that the Police head up putting together the policy instead of the Planning Department. He enclosed Carrboro's and Burlington ' s policy and asked the Board how complicated they wanted the policy. Bonitz believes that in October 2019 it was brought to the Board and staff was given some suggestions. a. Add stop signs to the list of measures b. Town should give some education on the policy to the communities Shipp is in favor of a simple policy. Fiocco agrees we need a policy Morgan will have the Police update the policy and bring it back to the Board to adopt. 2. Proposal to Recruit and Assess Candidates for Police Chiefs (Bob Morgan) Action recommended: Conduct discussion and provide direction. Morgan proposed that we allow Developmental Associates give us a proposal on the search for the new Police Chief Shipp advised he believes we should wait on the new Town Manager to select the Police Chief Fiocco agrees as well . Baldwin agrees too . 3. Site Plan Review - SP-2020-01 The Retreat at Pittsboro (Jeff Jones) 10  Action recommended: Approve Plan. Prepared for the Board of Commissioners, May 11, 2020. This proposal is being presented to the Board as a Site Plan for review . The proposal is to construct three buildings, two multi-family apartment buildings and a club house/leasing office. This use requires 71 parking spaces, the applicant will be providing 71 spaces. This project will be connecting to Town Water and Sewer. Sewer was allocated by the Board of Commissioners on 04/08/19. The proposed site plan is in conformance with the conditional zoning that was approved in 2019. Changes made to the proposed site plan after the approval of the conditional zoning were deemed minor and do not infract upon the conditional zoning. Staff recommends approval of the proposed request, subject to issuance of any additional local and state permits. Commissioner Shipp is a big fan of this project but noted there is very limited conditions overall included in the conditional zoning originally. We need to carefully watch future conditional zonings. The site plan has been largely rearranged and the recreation space was reduced from about 2,300 sq. ft to about 700 sq. ft. Commissioner Shipp also asked for feedback form the applicant on the zoning and approval process with the Town to help future Affordable Housing projects in the Town. Fiocco made motion to approve the plan and it was seconded by Shipp I Vote Aye-5 Nay-0 4. Site Plan Review- SP-2019-10 Boat & RV Storage Action recommended: Approve Plan. Prepared for the Board of Commissioners, May 11, 2020. This proposal is being presented to the Board as a Site Plan for review and recommendation. The proposal is to construct four buildings to be used as self-storage for boats and RV ' s. This use requires 8 parking spaces, the applicant will be providing 8 spaces. Two spaces will be designated handicap spaces on a concrete pad and six spaces will be parallel. This structure will be using well because town utilities are not within the immediate vicinity. Staff recommends approval of the proposed request, subject to issuance of any additional local and state permits. Commissioner Shipp made a motion to approve plan seconded by Commissioner Fiocco. Vote Aye-5 Nay-0 7. Water Quality Task Force Report to Board. I. Action recommended: Discussion. 11  Bonitz wants a conversation with the Board about the Memo from the Task Force. Shipp says not real clear what they are putting out, having a hard time finding what they were charged with. Mayor Nass will ask the Chair of the committee for reports. Fiocco says they were to educate the board on their findings but have not heard from them. Mayor Nass will have the Chair of the board attend the next BOC meeting for updates. BOARD DIRECTIVES - None Scheduled ADDITIONAL UPDATES AND REPORTS 1. Commissioner Concerns. Jay questioned if we were charging for the charging station at Town Hall . Shipp wanted to know when Rock Ridge Park will reopen . Morgan said he is working on preparing the Park to reopen. Shipp would like the packets earlier than Friday. Fiocco would like the Maps that are included in the packets legible. Mayor received calls about when the Tennis courts would reopen and in that same call there were concern about the cracks in the courts. He would like that investigated. AJOURNMENT Commissioner Farrell made a motion to adjourn and seconded by Commissioner Bonitz. Vote Aye-5 Nay-0 12 r r 13