1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, FEBRUARY 22, 2021 7:00 PM Members Present (Virtual): Mayor James Nass, Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Commissioner Michael Fiocco and Commissioner Kyle Shipp, Commissioner Jay Farrell. Staff Present (Virtual): Town Manager Chris Kennedy, Town Attorney Paul S. Messick, Chief of Police Shorty Johnson, Town Clerk Cassandra Bullock, Interim Planning Director Theresa Thompson, Planner 1 Kayleigh Mielenz, Director of Engineering Kent Jackson. Call to Order- Mayor Nass Mayor Nass called the meeting to order. Invocation - Moment of Silence Mayor Nass asked for a moment of silence. Pledge of Allegiance Pledge of Allegiance was led by Commissioner Farrell. Adoption of the Agenda Commissioner Fiocco made a motion to Adopt the Agenda, seconded by Commissioner Shipp. Vote: Aye-5 Nay-0 Mayor Nass: NI A Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner FaiTell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion passed. UPDATES & COMMISSIONER CONCERNS 1. Manager Updates Town Manager Chris Kennedy welcomed Mayor Nass back to the meetings and stated that he continues to offer his condolences to Mayor Nass after the Mayor's wife's passing. Mr. Kennedy alerted the Board that both the REZ-2019-01 Robeson's Walk MUPD rezoning application and associated development agreement, originally scheduled for the next Board meeting on March 8, 2021, will be postponed to a date to be determined. Mr. Kennedy stated that delay is due to Planning staff and the developer working through and tightening up the applications. Mr. Kennedy stated that the NC DOT traffic circle project is progressing well and ahead of schedule, and offered that the project remains in Phase 2 and that the project should move into Phase 3 in early- to mid- April. Mr. Kennedy also advised that the parking along East Salisbury Street between Hillsboro Street and North Masonic Street will be closed for the next week to accommodate construction of the 8" waterline installation in this stretch. 2. Mayor Updates Mayor Nass thanked the Board and all those who reached out in support after the passing of his wife Rita. Mayor Nass also thanked Mayor Pro Tern Baldwin for stepping in and running the Board meetings in his absence. 3. Commissioner Updates • Boys & Girls Club Commissioner Shipp provided a general status update of the progress in opening the Pittsboro Boys & Girls Club and he stated that fundraising continues to raise the necessary funds to open the Club. Commissioner Shipp stated the team is preparing to start a video campaign to assist with the fundraising efforts. • Chatham County Arts Council • Chatham County Economic Development Corporation (EDC) • Climate Change • Downtown • Fairground Association • Human Relations Committee • Main Street Pittsboro (MSPBO) Commissioner Fiocco advised that Main Street Pittsboro has designed and purchased fifteen (15) signs alerting traffic that downtown shops remain open for business despite the detours for the NCDOT project. Commissioner Fiocco also mentioned that Main Street Pittsboro has submitted their Fiscal Year 2021-22 budget request to the Town Manager and to Chatham County for consideration. • Parks and Recreation Advisory Board (PARAB) Commissioner Farrell advised that he attended the PARAB meeting on February I 0. Commissioner Farrell stated the PARAB questioned about the open position for the Parks Planner and that there are two openings on the PARAB. 2  • Pittsboro Business Association (PBA) Commissioner Fiocco received questions about Pittsboro's approach to affordable housing at the most recent PBA meeting and that served as a reminder that our recommendations for affordable housing need to be codified to establish our Town policies and procedures. • Triangle Area Rural Planning Organization (TARPO) Commissioner Fiocco advised that TARPO held its regular meeting on February 11 and the group was in support of NCDOT revisiting the Town of Pittsboro Comprehensive Transportation Plan as part of the Fiscal Year 2021-22 TARPO Planning Work Program. • Triangle J Council of Governments (TJCOG) • Other CITIZEN MATTERS 1. Public Comment None. CONSENT AGENDA 1. Town of Pittsboro Financial Reports by Month - January 2021 2. Adoption of Criteria for a Design-Bid Contract Pursuant to NCGS 143-128.lA 3. Set Public Hearing for ZT A-2021-02 Nightclubs, Bars, Taverns 4. Resolution Adopting the Cape Fear Regional Hazard Mitigation Plan for the Town of Pittsboro and Authorizing Chatham County Emergency Management to Act as an Agent on behalf of the Town of Pittsboro in the Administration of the Plan 5. Budget Amendment for Town of Pittsboro Cost of Western Intake Partnership Program Manager Expenses for Remainder of FY 2020-21 End of Consent Agenda. Commissioner Shipp made a motion to approve the Consent Agenda, 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. PUBLIC HEARINGS 3 Commissioner Fiocco made a motion to go into Public Hearing, seconded by Commissioner Farrell. 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. 1. Public Hearing for Pittsboro Volunteer Fire Department Installment Loan for the Purchase of a New Ladder Fire Truck Town Attorney Paul Messick, also representing the Pittsboro Volunteer Fire Department, discussed the loan proposal for a new aerial fire apparatus to be purchased. Mr. Messick stated that the proposed resolution to be adopted by the Board is for tax purposes only to the benefit of the bank and the fire department. Commissioner Bonitz questioned the overall project and ask if Fire Chief Daryl Griffin had considered idle mitigation that reduce emissions for the new truck. Town Manager Chris Kennedy advised that he and Fire Chief Griffin had many conversations about the idle mitigation options and the truck in general. Mr. Kennedy stated that the truck supplier could not definitively provide the operational characteristics for idle mitigation on a ladder apparatus and that adding this feature would add more time to the construction timeframe for the truck as adding this feature would require a redesign of both the space capacity and electrical components. Fire Chief Daryl Griffin added that the truck build is anticipated to take 11-12 months to deliver and that among the design and space concerns, adding the idle mitigation would extend that even further. Commissioner Shipp made a motion to go out of Public Hearing, 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 4 Motion passed. Commissioner Fiocco made a motion to approve the Resolution, 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. OLD BUSINESS 1. Rezoning- REZ-2017-04-A0l - Northwood MUPD Planner 1 Kayleigh Mielenz presented the staff report and the general overview of the rezoning amendment application. Ms. Mielenz stated that since the opening of the Public Hearing on January 25, 2021, there has been one change to the rezoning amendment application. The change is to the Tree Coverage Area (TCA) plan, specifically the tree inventory chart and number of trees to be kept. Ms. Mielenz noted that the total tree preservation area of 13.80 acres did not change and that the TCA plan shown at the January 25, 2021 Board of Commissioner's meeting had approximately 118 trees labeled to be kept. Currently, 103 trees are labeled to be kept on the January 27, 2021 TCA Plan included in your packet. Ms. Mielenz stated that the majority of the trees that are no longer labeled to be kept are on Lot 26 as the applicant has expressed their desire to clear cut Lot 26 and communicated that these trees were incorrectly labeled as to be kept and that is why they were removed. Kirk Bradley with ECO Northwood MUPD, LLC spoke on the changes since the 2018 rezoning submittal and the rationale for the differences. Commissioner Fiocco made a motion to Adopt the Resolution adopting the Land Use Plan Consistency Statement, seconded by Commissioner Farrell. Vote: Aye-5 Nay-0 Mayor Nass: NI A Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye 5 Motion passed. Commissioner Fiocco made a motion to approve Rezoning Application REZ-2017-04-AOI, 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. 2. Zoning Text Amendment- ZTA-2020-01 - Micro-Breweries Interim Planning Director Theresa Thompson presented the staff report and provided an overview of the request. Discussion ensued amongst the Board regarding the request and the definitional differences between breweries and micro-breweries. Commissioner Fiocco made a motion to Adopt the Resolution adopting the Land Use Plan Consistency Statement, 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 approve Zoning Text Amendment application ZTA-2020- 01, 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 6 Commissioner Shipp: Aye Motion passed. 3. Resolution in Support of EICDA - Federal Carbon Fee and Dividend Policy Town Manager Chris Kennedy briefed the Board on the Resolution and explained that this item was on the February 8, 2021 Consent Agenda, moved to New Business and then continued to tonight's meeting for Board consideration, hence its placement under Old Business. Commissioner Bonitz thanked the Board for its consideration of the resolution and advised the Board that he has spent the majority of his professional career dealing with Climate Change issues and stressed the urgency of the issues. Commissioner Bonitz stated that this item is a request for the Board of Commissioners to support the federal Energy Innovation and Carbon Dividend Act of 2019, which was introduced to the US House of Representatives on January 24, 2019. This bill seeks to impose a fee on the carbon content of fuel products that emit greenhouse gases. The fee is imposed on the producers and importers of the fuels and the fee amount is designed to be equivalent to the impact of the greenhouse gas content. The fees shall be deposited into a Carbon Dividend Trust Fund and may only be used for administrative expenses and dividend payments to US citizens or lawful residents. The fees shall be decommissioned when emissions levels and monthly dividend payments fall below specified levels. Commissioner Bonitz further stated that while local support is not required, it is helpful to our leaders at the federal level as they consider adopting this act. Commissioner Fan-ell thanked Commissioner Bonitz for reaching out to him in between meetings and for his conversation tonight, and stated that he is still not completely in support of the Board adopting the Resolution. Commissioner Farrell offered that he thinks the dividend fee will negatively affect lower- to middle-class people as they will be the ones paying for it in the long run. Commissioner Farrell stated that he is not likely willing to support this but he is also okay with whatever the Board decides. Mayor Nass stated that he fully supports approving the Resolution. Commissioner Fiocco made a motion to approve Resolution, seconded by Commissioner Bonitz. Vote: Aye-4 Nay-1 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Nay Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion passed. NEW BUSINESS 7  1. Final Plat - Chatham Park Section 5.1 Vine Parkway (North) Interim Planning Director Theresa Thompson presented the staff report and provided an overview of the request. Ms. Thompson advised that a minimum of 40% of the total cost of improvements must be complete for the Board of Commissioners to consider waiving the requirement that the applicant complete all public improvements prior to plat recordation. This project has met this threshold, as the applicant has completed 96% of the total costs of improvements and will provide a letter of credit in the amount of 125% of the estimated construction costs for the remaining public improvements, prior to plat recordation. The Planning Board met on February 1, 2021 and recommended approval ( 6-0). Town Manager Chris Kennedy advised the Board that there is a difference between the approval of the Final Plat and the formal acceptance of the road. Mr. Kennedy offered that approval of the Final Plat is the official offer of dedication once the plat is recorded, however the road is not accepted for public maintenance until the Board adopts a resolution accepting the improvements, which will be performed at a later date. Commissioner Fiacco requested clarity on the warranty period for the roadway. Town Manager Chris Kennedy advised that the warranty period is one (1) year after formal Town acceptance. Commissioner Shipp made a motion to approve the Final Plat, 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. 2. Final Plat - Chatham Park Section 5.1 Wendover Parkway Interim Planning Director Theresa Thompson presented the staff report and provided an overview of the request. Ms. Thompson advised that a minimum of 40% of the total cost of improvements must be complete for the Board of Commissioners to consider waiving the requirement that the applicant complete all public improvements prior to plat recordation. This project has met this threshold, as the applicant has completed 93% of the total costs of improvements and will provide a letter of credit in the amount of 125% of the estimated construction costs for the remaining public improvements, prior to plat recordation. The Planning Board met on February 1, 2021 and recommended approval ( 6-0). Commissioner Shipp made a motion to approve the Final Plat, seconded by Commissioner Fiocco. 8 Vot-:: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Co1nmissioncr Shipp: Aye Motion passed. 3. Final Plat - Chatham Park Section 5.1, Subdivision North Phase 4a & 4b Interim Planning Director Theresa Thompson presented the staff report and provided an overview of the request. Ms. Thompson stated that the petitioner, Chatham Park Investors, Inc., is requesting fimil plat approval of Phase 4a, comprised of fifteen (15) single-family detached lots and eight (8) townhomes lots, and Phase 4b, comprised of ten (10) single-family detached lots. The Planning Bonrd met on February 1, 2021 and recommended approval (6-0). Commissioner Fiocco made a motion to approve the Final Plat, seconded by Mayor Pro Tern BaiJwin. Vote: Ayc-.5 Nay-0 Ma\'orNass: NIA Mayor Pro Tern Baldwin: Aye Co 'lrnissior,cr Bonitz: Aye Co:nmissioner Farrell: Aye Commissioner Fiacco: Aye Co;11missioner Shipp: Aye Motion passed. MISCELLANEOUS l. Tonn of Pittsboro Planning Department Report to the Board - Unified Development Ordinance Status Updates Intni 111 Planning Director Theresa Thompson discussed two proposed UDO concepts, private stn ets and neighborhood compatibility, with the Board as well as an update on the proposed UDO ad :)tion ti111dine. Interim Planning Director Theresa Thompson stated that the proposed UDO does not permit pri\',1te streets and that she wanted the Board's feedback on whether to continue forward with that concept or to amend the language to allow both public and private streets. 9 Co: nmissioner Fiocco asked if private streets will still have to meet public street standards. To-.vn Manager Chris Kennedy stated that it would be his recommendation that all streets, regJrdless of public or private maintenance, be built to the same standard as HOA do fail, and wbcn they foil, the Town will likely be asked to accept those road improvements. Mr. Kennedy stated that alleyways will likely always be private, but again, built to a specific standard to ensure access to emergency vehicles and trash trucks Co:nmissioner Fiocco stated that he wishes for the Town to make sure that alleyways are well de: ig 1cd alld have access for emergency vehicles. Di::;cussion ensured about the "pros" and "cons" of privately and publicly maintained roads. Co:11: ,issioners Fiocco, Commissioner Shipp and Mayor Pro Tern stated their support of allowing pri \'ate streets. Co 11: issio11er Bonitz expressed his support but requested that staff present the proposed language for inclusion of private streets that would be included in the new UDO. Commissioner Shipp questioned about speed limits and traffic calming on private streets. TO\\ 11;'vlanager Chris Kennedy stated that both speed limits and traffic calming measures would nel·J 10 meet Town requirements in terms of design, but that generally those features would be die J by :he private entity maintaining the roadway. Mr. Kennedy asked Town Attorney Paul M, k to .·onfirm. To., 1, . \ t t,rnll~Y Paul Messick advised that the Town does not have the authority to regulate speed, trai 1il calming or parking on private roads. M: · l • l)rn Tern Baldwin stated that she too would like to see the "pros" and "cons" of privately an. 11 >iich maintained roads Intci-i111 Pl:1nning Director Theresa Thompson went over the Neighborhood Compatibility sta. ,I· :· :11,d asked the Board to provide any feedback they wished to share. Di\c'll ;sion ensued amongst the Commissioners regarding their concerns and standards they would lih ·.·:;:sir~e. To1rn .Vlan:1ger Chris Kennedy asked the Board to review the language for Neighborhood Cc 1 :11 lib i:. ·,, :111cl mark up the document with their changes or suggestions and to bring it back to sb., • 1c11c1\ and discussion. Irn .·:: jl):111ning Director Theresa Thompson discussed the proposed UDO adoption timeline with an, :u, . NCGS 1CJ0D edits. Ms. Thompson stated that staff had initially planned to have the UL;) 1 for adoption for the April 26, 2021 Regular Meeting of the Board of Commissioners, but s, 1 1 ,at the NCGS 160D edits, currently being performed by the Triangle J Council of Gl 1-·, .. rl.lCOG), are scheduled to be ready in May, so the Board may wish to hold off on Ar,,! .) :u1ll ddopL the UDO in its entirety in May. 10 Tk i' !rd: , ,·d to one adoption with the inclusion of the NCGS 160D edits. Ink: i • 1 Pbnning Director Theresa Thompson noted the changes discussed and stated that she fol (11 , : p (\n these changes at a future Board meeting. Fin o Commissioner Comments & Adjournment Co11w issioner Fiocco thanked Town Manager Chris Kennedy for his involvement in the NCDOT do , 1\ 1, 1raffic circle project and expressed that he is very pleased with the contractor, Sunrock, as 1 .,s the ,\ CDOT officials, Brandon Jones in particular, for their responsiveness and hel;1 l 11l·ss on the project. Co· • Fi,lcco asked Commissioner Farrell to attend the Parks and Recreation Advisory Bo~u, t /d..;.~ 1.0) meeting in March in his absence. Commissioner Farrell, as the alternate, agreed. J Co:1. <c!i1er Fiocco made a motion to Adjourn, seconded by Commissioner Bonitz at 9:36pm. ~;i.s,: i ✓ /A ';:-,\ Tern B:ddwin: Aye Co ;, ,:1er Bonitz: Aye Co .1er Farrell: Aye Co1n1 i:;siu 1er Fiocco: Aye Co ,.·r Shi:1p: Aye Mu· Ja es Nass, Mayor Al C:1s,: 1 ,·, : cdlock, Town Clerk 11