1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, OCTOBER 12, 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, Town Attorney Paul S. Messick, Interim Chief of Police Shorty Johnson, Planning Director Jeff Jones, Senior Planner Theresa Thompson, Planner II Kayleigh Mielenz, Town Clerk Cassandra Bullock. Call to Order-Mayor Nass Mayor Jim Nass called the meeting to order Invocation - Moment of Silence Mayor Jim Nass asked for a moment of silence. Pledge of Allegiance Pledge of Allegiance was led by Commissioner Farrell. Adoption of the Agenda Mayor Jim Nass entertained a motion to adopt the Agenda. Commissioner Fiocco made a motion to approve the 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. MISCELLANEOUS 1. Dr. Linda Birnbaum to Discuss PFAS Contamination Dr. Linda Birnbaum presented to the Board and discussed PFAS contamination in Pittsboro. Dr. Birnbaum' s presentation discussed the what PFAS is, its sources and its effects on drinking water. Dr. Birnbaum also discussed common approaches for removal of PFAS in drinking water. 2. Water Quality Task Force Report to the Board Water Quality Task Force Chair Katie Bryant and Co-Chair Emily Sutton discussed the status of the report and explained the format of the report that is corning soon to the Board. Ms. Bryant and Ms. Sutton stated that the report is nearly done, the only lacking items are final review amongst the Water Quality Task Force members and the attachment of six (6) appendices. Mayor Nass stated that he, and the Board, looked forward to the report and would like to have enough time after receipt of the report to thoroughly review its findings before asking the Water Quality Task Force for their formal presentation. The Board and the Water Quality Task Force representatives agreed. It is anticipated that the formal presentation of this report will be provided at either the November 9 or November 23, 2020 Regular Meeting of the Board of Commissioners for further review and discussion. UPDATES & COMMISSIONER COMMENTS 1. Manager Updates- Town Manager Chris Kennedy thanked Dr. Birnbaum for her patience after waiting a few meetings to finally present to the Board, for her work in the field and to Pittsboro, and for her presentation this evening. Mr. Kennedy also thanked Katie Bryant, Emily Sutton and the remainder of the Water Quality Task Force for their efforts to date and for their work on the report. Mr. Kennedy informed the Board that Chatham County Emergency Management advised that Shearon Harris Nuclear Plant will be performing alarm testing later in the week and to not be alarmed if you hear the sirens at 1 0:00arn Thursday. If anyone is concerned that the alarms are not a part of the drills or testing, then please contact Steve Newton with Chatham County Emergency Management. Mr. Kennedy advised the Board that he has added an item, #15, to the Consent Agenda. Mr. Kennedy also alerted the Board that the Town of Pittsboro Wastewater System Improvements ER/EID is on the Town's website and the Town will hold a public meeting for this item at its November 9, 2020 Regular Meeting of the Board of Commissioners. 2. Mayor Updates- None. 2 ,- 3. Commissioner Updates • Boys & Girls Club- Commissioner Shipp advised that last week they did some tours of facilities in Pittsboro for locations. Also, they have signed the MOU with Central Carolina Boys and Girls Club so now they are officially an Advisory Board. • Chatham County Arts Council- Commissioner Shipp hasn't been able to attend but followed up with the Council and they are doing art of support grants; winners will be announced soon. They also have about $10,000 left in the CARES grant to give away to an artist. The Council is also working on an artist outside school program. • Chatham County Economic Development Corporation (EDC)- Commissioner Fiocco advised EDC meeting is tomorrow morning and he isn't able to attend but if another member wanted to that would be great. • Climate Change • Downtown • Fairground Association • Human Relations Committee • Main Street Pittsboro (MSPBO)- Commissioner Fiocco mentioned the Welcome Center has a CO now and the they have moved the furniture in, and it should be opening in October. • Parks and Recreation Advisory Board (PARAB)- Commissioner Fiocco advised meeting is next Wednesday. • Pittsboro Business Association (PBA) • Triangle Area Rural Planning Organization (TARPO)- Commissioner Fiocco stated the NCDOT is having funding issues they are down by 2 Billion dollars, but the Circle project is fully funded and on schedule. • Triangle J Council of Governments (TJCOG) • Other- Affordable Housing Advisory Committee- Commissioner Shipp advised that Oct. 16 is the closing date for applications, the committee will meet at the end of the month to score the applications. • Commissioner Shipp wanted to advise the Board that Main Street has been selected and won the Small Town Civil of the year award. • Commissioner Bonitz would like to pull # 7 from the Consent Agenda and move it to New Business #2. CONSENT AGENDA 1. Minutes of the July 27, 2020 Regular Meeting of the Board of Commissioners 2. Minutes of the August 10, 2020 Regular Meeting of the Board of Commissioners 3. Minutes of the August 24, 2020 Regular Meeting of the Board of Commissioners 4. Minutes of the September 14, 2020 Regular Meeting of the Board of Commissioners 5. Minutes of the September 28, 2020 Regular Meeting of the Board of Commissioners 6. Budget Amendment for Receipt of Coronavirus Relief Fund/CARES Act Money 7. Budget }...mendment to Adopt Fee fur Town of PittsboF8 EV Charging Stations Item #7 was moved to New Business #2 3  8. Budget Amendment to Convert Code of Ordinances and Historical Minutes into North Carolina League of Municipalities and American Legal Publishing Format 9. Town Code of Ordinances Codification Proposal 10. Setting of a Public Hearing for Rezoning Application REZ-2020-04 11. Town of Pittsboro Financial Reports by Month - June 2020 12. Town of Pittsboro Financial Reports by Month- July 2020 13. Town of Pittsboro Financial Reports by Month - August 2020 14. Amendment to the Town of Pittsboro Personnel Policy- Section 17 15. Setting of a Public Meeting for Town of Pittsboro Wastewater Treatment System Improvements (CS370413-06) Engineering Report - Environmental Information Document (ER/EID) Commissioner Shipp made a motion to approve Consent Agenda with adding #15 under Consent and removing #7 from Consent Agenda to #2 under New Business. 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. None. CITIZEN MATTERS 1. Public Comment No public comment was provided. OLD BUSINESS 1. Rezoning- REZ-2019-04- Rexford Landing, LLC- Theresa Thompson (Planning) Senior Planner Theresa Thompson presented the staff report to the Board. The petitioner, Rexford D'Aprix is requesting to rezone 192.72 acres (Parcel 6580) near Old Graham Road from RA-5 to RA-CZ. The Board of Commissioners held a Public Hearing to Consider this request on January 27, 2020. The Planning Board reviewed this request at their February 3, 2020 meeting. This request came back before the Board of Commissioners on August 24, 2020, however no decision was made. 4  Rexford D' Aprix and Charles Eliason discussed the latest updates to the application with the r Board, including several conditions the private team and the Town staff developed. Discussion ensued around the conditions, primarily vehicular and emergency access and affordable housing components. Commissioner Fiocco offered additional conditions. The full and accurate list of conditions is included in the files of the Planning Department. Commissioner Fiocco made a motion that the Board find that the rezoning from RA-5 to RA-CZ is inconsistent with the adopted Future Land Use Plan, Commissioner Shipp seconded the motion. 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 approve the rezoning with the updated conditions, 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. With the approval ofREZ-2019-04, the Future Land Use Plan and Map is hereby also amended to change the Future Land Use Designation for the subject property from Rural Residential to Low Density Residential. NEW BUSINESS 1. Master Stormwater Control Measures Operations & Maintenance Agreement for Chatham Park PDD- Paul Messick (Town Attorney) Town Manager Chris Kennedy and Town Attorney Paul Messick provided an overview of this item to the Board. Chatham Park Investors representatives Robbie Oldham and Hunter Freeman 5 further discussed the request with the Board. Discussion ensued about the requirements and the significance of this agreement. Commissioner Fiocco made a motion to approve the Agreement, seconded by Commissioner Farrell. Vote: Aye-4 Nay-1 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Nay Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Commissioner Bonitz explained that his dissenting vote was not necessarily due to the information or content included within the agreement, rather due to a lack of time to properly review the agreement. Motion passed. 2. Budget Amendment to Adopt Fee for Town of Pittsboro EV Charging Stations Commissioner Bonitz asked to remove this item from the Consent Agenda to ask a few clarifying questions pertaining to the fee itself and how the Town is planning to setup the payment from both a Town and end user perspective. Town Manager Chris Kennedy responded to Commissioner Bonitz's questions. Commissioner Bonitz made a motion to accept the fee and thereby amend the budget to include this fee into the Town's fee schedule, 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. CLOSED SESSION Commissioner Shipp made a motion to go into Closed Session pursuant to § 143-318.11. (a) (6), seconded by Commissioner Fiocco. Vote: Aye-5 Nay-0 6 r 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 come out of Closed Session, 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. ADJOURNMENT Commissioner Bonitz made a motion to adjourn at 11:31 pm, seconded by Commissioner Farrell. 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. � Jim ass, Mayor 7