1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, AUGUST 10, 2020 7:00 PM Members Present (Virtual): Mayor Jim Nass, Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Commissioner Jay Farrell, Commissioner Michael Fiocco and Commissioner Kyle Shipp. Staff Present (Virtual): Town Manager Chris Kennedy, Interim Town Manager Bob Morgan, Town Attorney Paul S. Messick, Interim Chief of Police Shorty Johnson, Finance Director Heather Meacham, Planning Director Jeff Jones, Senior Planner Theresa Thompson, Planner II Kayleigh Mielenz, and Interim Town Clerk Cassandra Bullock. Mayor Jim Nass called the meeting to order and asked for a moment of silence PLEDGE OF ALLEGIANCE Pledge of Allegiance was led by Commissioner Farrell. Commissioner Fiocco made a motion to approve the Agenda, seconded by Mayor Pro Tern Baldwin. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion passed. CONSENT AGENDA 1. Approve Minutes of the May 11, 2020 meeting. (with corrections) 2. Approve Minutes of the May 26, 2020 meeting. (with corrections) 3. Approve Minutes of the June 2, 2020 meeting. (with corrections) 4. Budget Amendment for Downtown Traffic Circle. 5. Set Public Hearing: SUP-2019-02 Griffin Farms Townhomes. 6. Set Public Hearing: REZ-2020-02 Parcel 8155. End of Consent Agenda. Commissioner Fiocco made a motion to approve the consent Agenda, seconded by Commissioner Shipp. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion passed. Commissioner Fiocco made a motion to go into Public Hearing, seconded by Commissioner Shipp. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion passed. PUBLIC HEARINGS 1. REZ-2020-03 3151 US 15-501 N. (Planning Department Staff) Planning Director Jeff Jones presented the application to the Board. Petitioner Scott Oldham is proposing to rezone approximately 12.85 acres located off 15-501 (parcels 7108, 7109, 7110, 93983, and 93984). The current zoning is R-A2 (Residential Agriculture - 2) and the proposed zoning is C-2 (Highway Commercial). The Future Land Use Plan has these parcels designated as Medium Density Residential. The application states that Town staff advised the applicant to submit a rezoning application so the applicant could rebuild a building that was destroyed by a fire in early 2019. This is a true statement; however, the applicant expanded his request to include more properties. Presentations made by Scott Oldham and Bryan Harris prompted some concerns from the Commissioners. Discussion ensued regarding the different types of conditional zoning. The petitioner stated they will review the options and reapply with a new, revised request. Commissioner Fiocco made a motion to close the Public Hearing and enter back into the Regular Meeting, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye 2 Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion passed. REGULAR MEETING AGENDA Citizen Matters - None COMMISSIONER/MANAGER UPDATES Mayor Updates-None Commissioner Concerns - • EDC- Commissioner Fiocco informed the Board that EDC President Alyssa Byrd is resigning to take a similar position with the Town of Fuquay Varina and that the next EDC Board meeting is to be held on August 11, 2020. • RPO- Commissioner Fiocco stated that the next TARPO meeting will be held on Thursday, August 13 and he invited Town Manager Chris Kennedy to join. • Fairground Association • PBA/Downtown • Triangle J Council of Governments- Mayor Pro Tern Baldwin advised the Board that Triangle J is currently on vacation. She also wished to remind everyone to complete their decennial census information. • Main Street- Commissioner Fiocco informed the Board that the Welcome Center is nearing completion with the hopes of obtaining a Certificate of Occupancy in the coming days. Welcome Center related, Commissioner Fiocco stated that the mural on the side of the Welcome Center is complete and the feedback on the mural has been positive. Commissioner Fiocco also stated that the Edwards property is preparing for improvements and that the first fa9ade grant recipient, Perch, opened for business and the work was performed by Hobbs Architects. • Climate Change • Human Relations Committee • Chatham County Arts Council • Parks & Rec Board- Commissioner-Fiocco stated they are working toward providing the Board with names for the Vineyard Park, they have also submitted a resolution of support for the Roberson Greenway. • Affordable Housing- Commissioner Shipp informed the Board that the Affordable Housing Committee will be meeting in September. • Boys & Girls Club- Commissioner Shipp mentioned the effort is progressing well and eighteen stakeholders attended the recent Zoom meeting. The steering committee 1s meeting every two weeks and the next meeting will be Thursday, August 13, 2020. 3  OLD BUSINESS 1. A-2020-02 Northwood MUPD. (Planning Department Staff) Planning Director Jeff Jones advised the Board that the Applicant wished to delay action on the request until the next meeting. Attorney Messick advised the Board should delay until next meeting due to the wording with the ordinance. Commissioner Fiocco made a motion to delay approval until the next BOC meeting, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion passed. 2. Sewer Allocation Request- Chatham County Central School System Building. (Planning Department Staff) Prior to consideration of the sewer allocation request, Commissioner Fiocco made a motion to require the adoption of a Memorandum of Understanding (MOU) between the Town, the County and Chatham County Schools regarding the disposition of the former Pittsboro High School property and the release of a RFP within one year, seconded by Mayor Pro Tern Baldwin. Vote: Aye-1 Nay-4 Mayor Nass: NIA Mayor Pro Tern Baldwin: No Commissioner Bonitz: No Commissioner Farrell: No Commissioner Fiocco: Aye Commissioner Shipp: No Motion failed. Commissioner Shipp made a motion to approve sewer allocation for Chatham County Central Services with the condition that a Memorandum of Understanding (MOU) between the Town, County and the School Board that plans for the disposition of the property of former Pittsboro High School be in place by December 31 , 2020, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 Mayor Nass: NIA 4  Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye r Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion passed. Commissioner Bonitz made a motion to approve the sewer allocation request for the Chatham County Animal Shelter, seconded by Commissioner Shipp. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion passed. 3. Pittsboro Bicycle & Pedestrian Plan. (Planning Department Staff) Planning Director Jeff Jones presented to the Board the proposed final draft of the Town of Pittsboro Bicycle and Pedestrian Plan. Mayor Nass stated that he had a few questions and desired to continue his review and the discussion. Commissioner Shipp mentioned that he would be in favor of starting a Bike/Ped committee to help with the administration of the plan objectives. Commissioner Bonitz made a motion to table any decision on the Town of Pittsboro Bicycle and Pedestrian Plan until the August 24, 2020 Regular Meeting of the Board, seconded by Commissioner Fiocco. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion passed. 5 Commissioner Fiocco made a motion for short break, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion passed. 4. Termination of Master Service Agreement with Old North State Water Company (ONSWC). (Town Attorney) Town Attorney Paul Messick presented the request and the background information regarding the desire to the terminate the MSA with Old North State Water Company. Commissioner Bonitz made a motion to approve the termination, seconded by Commissioner Fiocco. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion passed. 5. Master Service Agreement. (Town Attorney) Town Attorney Paul Messick, as a continuation of the previous agenda item, discussed a new MSA that includes Chatham Park Investors as the new agency now that the agreement with Old North State Water Company is terminated. Discussion ensued between Commissioners and Attorney Paul Messick. Paul Messick will make changes to the agreement including a change in name and language pertaining to a termination provision with utility customer disconnections. Commissioner Fiocco made a motion to approve Agreement, seconded by Commissioner Shipp. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye 6  Commissioner Farrell: Aye Commissioner Fiocco: Aye r Commissioner Shipp: Aye Motion passed. 6. Bonus Allocation Agreement with Chatham Park. (Town Attorney) Town Attorney Paul Messick presented the item to the Commissioners. Commissioner Fiocco made a motion to approve Resolution, seconded by Commissioner Shipp. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: No Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion passed. 7. Presentation on Emerging Contaminants Study in Pittsboro Water by CDM Smith. The Board received a presentation from Reed Barton and Bill Dowbiggin with engineering consultant firm CDM Smith. The Commissioners and Town Manager Chris Kennedy asked that CDM Smith report back to the Board in 3-4 months with the final comparisons of treatment alternatives, conduct a public workshop and submit a draft results report. 8. Waste IndustrieslGFL Extension Agreement. (Interim Town Manager) Interim Manager Bob Morgan presented the two-year sanitation contract extension with Waste Industries I GFL to provide sanitation services for the Town through June 30, 2022. Commissioner Fiocco made a motion to approve contract extension and allow the Town Manager to extend the contract, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye 7  Motion passed. NEW BUSINESS 1. SP-2020-03 Mosaic Ind Lots Phase 2 Final Plat. (Planning Department Staff) Planner 2 Kaleigh Mielenz presented the staff report to the Board. Commissioner Fiocco made a motion to approve the request, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion passed. 2. Stop Signs in Chatham Forest. (Police Department Staff) Commissioners and the Interim Town Manager discussed request and asked that one stop sign be removed from the request, the stop sign labeled #2 at Meredith Court. Mayor Pro Tern Baldwin made a motion to approve request as amended, seconded by Commissioner Shipp. Vote: Aye-5 Nay-0 Mayor Nass: N/A Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion passed. BOARD DIRECTIVES 1. Updates on Water and Sewer projects. (Interim Town Manager) Please find the status of the following projects: 1. Sanford Sewer Force Main - Fourth submittal of ER/EID to the Wastewater Project Unit NCEQ was completed June 22, 2020 by Wooten Company. Nexsen Pruitt is conducting 8  weekly phone calls with NCDEQ Water Infrastructure. The Town is currently waiting for comments from US Fish and Wildlife. r 11. NPDES Renewal for Water Reclamation Plant-Hydrostructures has submitted the permit renewal to the State. Nexsen Pruitt has weekly phone calls with NCDWR on status of the renewal. Chatham Park and Town must agree on a new Master Service Agreement. Once Master Service Agreement is done it will be sent to NCDWR. 111. Hearn Road/Bynum Water Line Replacement-No progress has been made on this project since the Town Engineer left. The project has been designed, approved by the State and is ready to go to bid. Several policy issues need to be resolved: who pays for the relocation of water meters to the road right-of-way, does the Town enforce mandatory connection for six homes on wells and can the Town obtain the needed utility easements from twelve property owners. 1v. Concrete Plant Water Line Upsizing-The Town and owner have signed the cost-sharing Memorandum of Understanding (MOU). Plans are currently being reviewed by NCDWR and Chatham County. v. Robeson Creek Outfall Hydraulic Model - Dickerson is under contract to create the model. v1. Level 4/5 Inspected Manhole Repair/Replacement and Cleaning, CCTV Inspection - Project has not been prepared for bidding. v11. Town of Pittsboro and City of Sanford Utility Alliance - RFQ for Intergovernmental Cooperation for Utilities - RFQ deadline was August 3. Only one engineering firm responded to the RFQ, and therefore it must be readvertised. The next deadline for the RFQ response is set for August 21, 2020. ADDITIONAL UPDATES AND REPORTS 1. Commissioner Concerns. Commissioner Shipp would like for staff and the Board to think about how we can advise the public about Citizens Matters, and that he would like for the Town to advertise more on how the public can sign up for Citizens Matters now that Board meetings are being conducted in a virtual format. Commissioner Shipp made a comment on our website regarding the Water Quality Press Release written by Interim Town Manager Bob Morgan and stated that he would like to see it on the Facebook page as well. Commissioner Shipp further stated that he would like to ask the new Town Manager Chris Kennedy to redo the letter with the updates added and have the letter sent out with the water bills. Commissioner Fiocco suggested that the Board invite Reed Barton with CDM Smith to the August 24, 2020 Regular Meeting of the Board. Commissioner Fiocco asked Interim Town Manager Bob Morgan if the Town had completed the requested water loss study. Interim Town Manager Bob Morgan advised that Finance Director Heather Meacham will be sending out a link showing a report that has the data of the water loss for the last five years. 9 Commissioner Bonitz questioned Interim Police Chief Shorty Johnson about the Town's Noise Ordinance and stated that he received a complaint regarding noise at the City Tap establishment. Interim Police Chief Shorty Johnson reviewed the Code of Ordinances pertaining to noise and advised that if it is perceived that decibel levels at this establishment or any other busines or home in Town are exceeding the ordinance requirements, then the complainant should call Dispatch and an officer will investigate with the Town's noise meter. ADJOURNMENT Commissioner Bonitz made a motion to adjourn, seconded by Commissioner Fiocco at 11: 11 pm. ~~ )vL&liJa. Cassandra M. Bullock, Town Clerk