1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, MARCH 22, 2021 7:00 PM Members Present (Virtual): Mayor James Nass, Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Commissioner Jay Farrell, Commissioner Kyle Shipp, and Commissioner Michael Fiocco. 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, Director of Engineering Kent Jackson and Finance Director Heather Meacham. Call to Order-Mayor James Nass Mayor Nass called the meeting to order at 7:00pm. Invocation - Moment of Silence Mayor Nass asked for a moment of silence. Pledge of Allegiance Pledge of Allegiance was led by Commissioner Farrell. Mayor Pro Tern Baldwin made a motion to adopt the Regular Agenda, 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. UPDATES & COMMISSIONER CONCERNS 1. Manager Updates Town Manager Chris Kennedy discussed the downtown NCDOT traffic circle project and stated that the project is progressing ahead of schedule and that despite slower progress due to the recent rain, the project remains 2-3 weeks ahead of schedule. Mr. Kennedy also reminded the Board and the public of Chatham County's Chatham 250 Founding Day Event, an event sponsored by the Town of Pittsboro, will be held April 10, 2021 from 2:00pm -5:00pm. The event location is the new Town Hall site. The event is COVID-19 oriented in that it is a drive thru event. Mr. Kennedy also stated that the April 12, 2021 Regular Meeting of the Board of Commissioners will include some interesting topics: 1. The Town's 2020 Annual Audit, which has been delayed due to COVID-19, but the audit has been approved by the LGC (Local Government Commission) and our auditors will be at the meeting to present the results; 2. Chatham County Tax Office staff will be presenting the 2021 Chatham County Reappraisal (Revaluation) to the Board. Notices from Chatham County to our residents will go out with the results of the reappraisal process at the end of the week. With regard to the upcoming budget process, Mr. Kennedy stated that on Saturday, April 17, 2021, the Board of Commissioners will have its Annual Budget Retreat to consider the proposed Fiscal Year 2021-2022 budget. The Budget Retreat will start at 9:00am at the Chatham County Ag Center as an in-person meeting for the Board and staff, and the public will be able to participate virtually via Zoom. Mr. Kennedy further stated that this year's budget process will include two public hearings for our proposed Fiscal Year 2021-2022 Budget despite only being required to hold one public hearing. The first public hearing will take place May 10 and the second public hearing will occur on May 24, both public hearings will be a part of the agenda for the Regular Meeting of the Board of Commissioners. 2. Mayor Updates None. 3. Commissioner Updates ■ Boys & Girls Club Commissioner Shipp advised that the Pittsboro Boys and Girls Club is holding two events in the coming months, one to announce a partnership with the Pittsboro Kiwanis Club and the second will serve as a fundraising event. Commissioner Shipp will provide additional information and events details to the Board and the public as those updates come available. 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 received interest in a couple public art opportunities that the design subcommittee is exploring. Additionally, the design subcommittee has received interest in a few potential facades seeking Fa9ade Grants funding. ■ Parks and Recreation Advisory Board (PARAB) 2 Commissioner Farrell stated that he attended the meeting on March 10 and that the P ARAB still has a vacant in-Town position on the PARAB. Commissioner Farrell stated that the PARAB discuss their desired project list for next year and the PARAB also inquired about the status of Knight Farm Community Park in the Vineyards neighborhood. Commissioner Bonitz also questioned the condition of the Knight Farm Community Park and when the Town thought the Certificate of Occupancy might be ready. Town Manager Chris Kennedy advised there are few considerations to be resolved prior to issuance of the Certificate of Occupancy and turnover of the park to the Town. First, the lighting plan needs to be adjusted and Mr. Kennedy stated that he met with Chatham Park representatives last week to discuss the lighting fixtures. All lighting will be high-efficiency LED and strategically located since the park will close at dusk; too much lighting will encourage after hours usage. Second, Town staff continues to refine the operation of the splash pad, and lastly, conversations are occurring about the operation of the dog park. Mr. Kennedy added that the dog park presents unique characteristics because we must consider how we will handle pet vaccinations, what dogs are allowed and not allowed and what ages of people are allowed in the dog park. We must also consider future operations and regulations for a park of this type. We will likely need to adopt resolutions or amendments to the Code of Ordinances as part of the acceptance of the park. It is anticipated that the Knight Farm Community Park will be open in the month of May. ■ Pittsboro Business Association (PBA) ■ Triangle Area Rural Planning Organization (T ARPO) Commissioner Fiocco advised the next regularly scheduled TARPO meeting is to be held on April 8 and that he plans to attend. ■ Triangle J Council of Governments (TJCOG) Mayor Pro Tern Baldwin advised that she plans to attend the next regularly scheduled TJCOG meeting this corning Wednesday. ■ Other CITIZEN MATTERS 1. Public Comment (Written) Heather Johnson: 225 Springdale Drive, Pittsboro, NC 27312 My name is Heather Johnson and I reside at 225 Springdale Dr, Pittsboro. I own Chatham Business Services which is currently relocated during circle construction to 21 E. Salisbury St. Since this school year is even more limiting than last year, we launched the Adopt a High School Senior project again and it is exciting to see the community be able to celebrate our Seniors! Many have asked ifwe can we have the sign parade along East Street again? The request is for it to begin May 1 and signs be placed at about Walgreens and extend down to Food Lion. We received so many heartwarming comments from people in the community that did not even have a high school senior. One person said it felt like they were a part of graduation, driving through town and seeing the signs. Thanks so much for your consideration. I know that you have very many pressing issues currently. Sincerely, 3 Heather Johnson Chatham Business Services LLC 919-444-9500 The Board supported the placement of the graduation Senior sign again this year. Mayor Nass directed Town Manager Chris Kennedy to check with NCDOT to see ifwe need to have anything in place before May 1 and to report back to Heather Johnson. Town Manager Chris Kennedy agreed and asked the Board and staff about any potential zoning conflicts that may arise in permitting this signage. Mr. Kennedy added that if the zoning ordinance prohibiting such signage, given the related nature of the requested signage and COVID-19, the Board could add this as a provision of the Town's Emergency Declaration to allow the signs for the time the signs will be out there. Mr. Kennedy stated that he will contact NCDOT and follow up with Ms. Johnson prior to May 1. (In-person virtually) Greg Stafford: 901 Jordan Hills, Chapel Hill, NC 27517 Greg Stafford advised that he has just learned there is a different definition of bars and taverns in the downtown Pittsboro area. Mr. Stafford stated we [Town] have other issues that need attention and when you [Town] change the definition, that hurts the businesses of downtown. Mr. Stafford stated that he has spoken with the churches in and around downtown, and has found no opposition or resistance to the location of bars or taverns. CONSENT AGENDA 1. Minutes of the February 8, 2021 Regular Meeting of the Board of Commissioners 2. Minutes of the February 22, 2021 Regular Meeting of the Board of Commissioners 3. Minutes of the March 8, 2021 Regular Meeting of the Board of Commissioners 4. Town of Pittsboro Financial Reports by Month - February 2021 End of Consent Agenda. The Board expressed a desire to push the consideration on the Meeting Minutes for the February 8 and February 22 Regular Meeting of the Board of Commissioners to the next Board of Commissioners Meeting for additional review time. Commissioner Farrell requested that Consent Agenda Item #4 (Town of Pittsboro Financial Reports by Month - February 2021 ), be removed from the Consent Agenda to allow for conversation. Commissioner Shipp made a motion to amend the Consent Agenda by removing Consent Agenda Items #1 and #2 until the April 12, 2021 Regular Meeting of the Board of Commissioners and to remove Consent Agenda Item #4 and placing it as Miscellaneous Item #1 on this agenda, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 4 Mayor Nass: N/A Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. PUBLIC HEARINGS Mayor Pro Tern Baldwin made a motion to go into 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 Motion Passed. 1. Rezoning (Conditional) - REZ-2020-05 - Shopping Center (Oldham) Interim Planning Director Theresa Thompson presented the staff report and provided an overview of the request. Ms. Thompson stated that the petitioner is requesting a Conditional Rezoning to rezone approximately 12.85 acres from R-A2 (Residential Agricultural - 2 Acres) to C2-CZ (Highway Commercial - Conditional Zoning) and that the subject property is located at 3151 US 15-501 North, the current site of Poultry Villa Landscaping and Supplies. Ms. Thompson further stated that the petitioner seeks to rezone the property to convert the subject property into a commercial shopping center. Ms. Thompson added that the applicant held a neighborhood meeting, however, no one from the public attended. Commissioner Bonitz asked Ms. Thompson if the Town could confirm which side of US Highway 15/501 the anticipated bike and pedestrian trail would be located. Ms. Thompson advised that she did not know with absolute certainty which side it would be located. Commissioner Bonitz inquired about the proposed parking design and the stormwater control measures. Ms. Thompson responded and discussed the necessary grading of the site. 5 Bryan Harris, the consulting engineer representing the applicant, advised the Board that the proposed plans include the construction of a retaining wall in the rear of the property and that the stormwater control measures were still in design with regard to whether the ponds would be the wet [retention] or dry [detention] type. Commissioner Fiocco asked the applicant which components of this exhibit could the Board consider to be conditions of the zoning? Commissioner Fiocco also asked if changes are made to the proposed parking design, would that necessitate additional time and submittals as a major change to the application materials. In response to the parking lot design changes, Ms. Thompson advised that any such changes would need to be completed prior to the approval of the site plan. Commissioner Fiocco stated that he felt that Condition #11 is unnecessary, and it states in the staff report that each building will require its on-site plan approval. Commissioner Fiocco sought clarification to the note. Ms. Thompson stated that the applicant communicated to Town staff that they wished to permit and construct the building one at a time. Bryan Harris confirmed that concept. Commissioner Fiocco states that Condition #3, Note #1 and Exhibit A do not appear to agree with each other. Scott Oldham, the applicant, and Bryan Harris both agreed to update Condition #3, Note #1 and Exhibit A to the first building permit. Commissioner Bonitz asked if the applicant would be willing to consider an alternative parking lot design. Further discussion ensured regarding the entrance to the development and the parking lot design with the primary points being that buildings should be oriented closer to the highway so that parking can be situation beside or behind the structures and the driveway entrance may need to be revised to consider NCDOT access standards. Commissioner Fiocco made a motion to send REZ-2020-05 to the Planning Board for review at their next meeting, 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. Mayor Pro Tern Baldwin 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 Motion Passed. OLD BUSINESS 1. Zoning Text Amendment - ZTA-2021-01 - Accessory Dwelling Units & Secondary Ingress and Egress - Town of Pittsboro Planning Department Interim Planning Director Theresa Thompson presented the staff report on behalf of the Planning Department. Ms. Thompson stated that staff responded to the Board's previous comments on the proposed language and have attempted to address those concerns. Commissioner Shipp stated that he thinks the Town should have prior approval from the Fire Marshall and Fire Chief before the Board approve a waiver from the standards. Town Manager Chris Kennedy asked whether the Board wished for the language to say both or either the Fire Marshal and Fire Chief. It could occur where the Fire Chief and Fire Marshall may not agree and Mr. Kennedy advised the Board that the language may need to be tighter to contemplate that scenario. Commissioner Farrell stated he would prefer the language to be amended to remove the Commissioner's discretion entirely and simply leave the decision for waivers to the Fire Marshall and Fire Chief. Commissioner Fiocco contended that the process would occur without issue more frequently than not, and that this language would only be used in the event of a waiver request. Only then would the Board need to step in and he thinks that the Board would consult the Fire Chief and Fire Marshal prior to granting a waiver. Commissioner Fiocco also stated that he would prefer to be silent to Fire Chief or Fire Marshal, and simply rely on the appropriate party with jurisdiction. Billy Judson, the Chatham County Fire Marshall, confirmed that the language could remove the Board of Commissioners, the Fire Marshal and Fire Chief and can be listed as the authority that has jurisdiction. 7 Commissioner Fiocco clarified that the Board of Commissioners would grant the waiver, but they would do so by consulting with the person who has the jurisdictional authority. Fire Marshall Judson agreed with Commissioner Fiocco. Mayor Pro Tern Baldwin and Commissioner Farrell advised they agree with the change as well. Mr. Kennedy stated for further clarification that only the Board can approve a waiver. Even if an application is a staff level approval, if a waiver from these standards are requested, the Board would need to take action prior to staff approving the waiver request. Discussion ensured on whether the text should be listed as modified or waived. The consensus was that the language should be stated as modified. Fire Chief Darryl Griffin requested that the Fire Department and Planning Department work together with the new developments coming into the Town and work towards placing extra accesses for the Fire Department. Fire Marshall Judson requested that the Town consider amending the ordinances to actually include language from Appendix D of the Fire Code and not simply a reference to Appendix D. Ms. Thompson asked the Board their desire to do so in the soon to be adopted UDO. Mayor Pro Tern Baldwin stated that she would like to add the changes from today to the UDO version under review, then add others to the list at a future date. Commissioner Fiocco agreed with Mayor Pro Tern Baldwin, adding that he would like to have the Appendix D added verbatim. Commissioner Shipp asked about the surface material for fire accesses and does the Town has an ability to dictate the surface. Mr. Kennedy responded stating that the Town does have the ability to dictate the surface and can require a higher standard than the Fire Code minimum. Mr. Kennedy advised that we should not accept anything less than that stated Fire Code minimum, and utilize nothing less than all-terrain gravel placed to withstand the static load of a fire truck. The Commissioners were agreeable with the changes as proposed and discussed. Ms. Thompson then pivoted to the proposed amendments to Section 5.3.3.1 Accessory Dwelling Units. Ms. Thompson advised the language remains unchanged since the Public Hearing was held, and that the proposal was presented to the Planning Board, and the Planning Board expressed two concerns. The Planning Board first asked if the Town could prevent a developer from constructing several accessory dwelling units for rental purposes. Ms. Thompson informed the Planning Board that the Town cannot regulate owner occupied versus rental occupied status. Secondly, the Planning Board expressed concern over a lack of parking with added dwelling units. Ms. Thompson reminded the Board of Commissioners that this was previously considered and that the Board of Commissioners was initially okay with no additional parking requirements associated with accessory dwelling units. 8 Mayor Nass and Commissioner Fiocco discussed the size limitations of accessory dwellings. Commissioner Shipp mentioned that the cottages product in the Vineyards neighborhood range from 800-1400 square feet in heated areas and that most are two bed, two bath floor plans. Town Manager Chris Kennedy stated that the cottages product in the Vineyards neighborhood are standalone units and not accessory dwellings for clarification purposes. Commissioner Bonitz advised that he has previously looked into construct an accessory dwelling and contends that it would be difficult to find a pre-fabricated structure smaller than 900 square feet and that a custom builder may need to be employed to construct such a size. Mayor Nass stated that we may need to conduct more research into the building code requirements for an accessory dwelling unit to better inform our policies. Ms. Thompson responded and stated that she will reach out to Chatham County Chief Building Inspector David Camp about the applicable building codes. Commissioner Fiocco made a motion to approve the Land Use Plan Consistency Statement for ZTA-2021-02 as submitted, 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. Commissioner Fiocco made a motion to approve the ZTA-2021-01, as amended, seconded by Mayor Pro Tern Baldwin. 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. NEW BUSINESS 9  1. Final Plat- SUB-2018-02 - Chatham Park Section 5.1, Subdivision West Phase 2a Interim Planning Director Theresa Thompson presented the staff report and stated that the petitioner, Chatham Park Investors, Inc., is requesting final plat approval of the phase, which is comprised of forty-two (42) single-family detached lots. Ms. Thompson added that eh Planning Board reviewed this application at their February 1, 2021 Regular Meeting and unanimously recommended approval of the site plan with a vote of 6-0. Commissioner Fiocco made a motion to approve the Final Plat, 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. Town of Pittsboro Financial Reports by Month - February 2021 (Formerly Consent Agenda Item #4) Commissioner Farrell thanked the Board for allowing this item to be moved from the Consent Agenda to Miscellaneous to allow for a few questions. Commissioner Farrell inquired about the status of Main Street Pittsboro providing the Board of Commissioners with their financial reports. Commissioner Farrell stated that he would like to have reports presented to the Board on how the Main Street Pittsboro Board is spending Town money appropriated to them. Commissioner Fiocco advised that he is also on the Board of the Main Street Pittsboro, and that Main Street Pittsboro's treasurer provided quarterly and annual financial reports to the Town's Finance Director Heather Meacham. Finance Director Heather Meacham advised that she has received Main Street Pittsboro financial reports up to December 2020, and that she has yet to receive the annual audit from Main Street Pittsboro. Town Manager Chris Kennedy stated that he will work with Ms. Meacham, review the current process and devise a better way to inform the Board of Commissioners of the financial reports from Main Street Pittsboro. 10  2. Town of Pittsboro Planning Department Report to the Board - Unified Development Ordinance Status Updates (Formerly Miscellaneous Agenda Item #1) Interim Planning Director Theresa Thompson presented the staff report and request to discuss two topics pertaining to the UDO. First, Mr. Thompson proposed that staff would like to make our expirations of permit approvals equal for all applications, unless otherwise mandated by Statute or some other requirement. For instance, Minor and Major Site Plans have an expiration at two years following approval, Zoning Compliance Certificate have no expiration, Riparian Buffer approvals expire at one year, Floodplain approvals expire at two years, Site Specific Development Plans expire between two - five years, Special Use Permits expires at 18 months and Preliminary Plat approval expires at one year. Staff would like to make the expirations of all of these approvals at two years so that staff can better stay on top of expiration deadlines. Discussion ensured about the applicability of expirations and what needed to occur to avoid expiration. The Board agreed to proceed with the two-year expiration periods in the UDO to better help staff and developers track pending or potential expiration dates. The second item for this UDO conversation pertained to Accessory Structure Setbacks requirements. Ms. Thompson presented staff's preference, that we have some form of setback for accessory structures and discussed that previous UDO consultant, Clarion Associates, removed setback requirements for accessory structure for structures under IO-feet in height. Ms. Thompson added that the current Zoning Ordinance includes a 5-feet setback and that she wishes to discuss the wishes of the Board with regard to this topic. Discussion ensured amongst staff and the Board. Commissioner Fiocco asked for clarification as to whether a fence would be considered an accessory structure and how setbacks may be interpreted for fences. Commissioner Fiocco asked if you were able to put a fence on property? Ms. Thompson advised that fences and walls would fall under a different category, in the same table. The Board agreed to move forward with a 5-feet setback for accessory structures in the UDO language. Theresa Thompson concluded by providing a timeline for the next steps toward the adoption of the UDO, with a scheduled adoption date at the May 24, 2021 Regular Meeting of the Board of Commissioners. Final Board of Commissioner Comments & Adjournment Commissioner Fiocco thanked Town staff for their efforts in seeing to the completion of the streetlight project around the traffic circle adjacent to Central Carolina Community College. Commissioner Fiocco stated that this new lighting will benefit all travelers at night, especially those unfamiliar with the area. 11 Commissioner Bonitz asked Town Manager Chris Kennedy how the meeting with Kimley-Horn and NCDOT went with the North Woods neighborhood community regarding the proposed northernmost section Chatham Park Way. Town Manager Chris Kennedy advised the meeting has not occurred to date as NCDOT desired to obtain feedback from the Town of Pittsboro prior to scheduling the meeting. Mr. Kennedy requested commentary and feedback from the Board on the proposed route for Chatham Park Way so that he could report back to NCDOT and their consultant, Kimley-Horn. Commissioner Fiocco requested a timeframe or deadline for the Board's input for staff to relay to NCDOT. Town Manager Chris Kennedy responded stating feedback would be appreciated the sooner the better. NCDOT has conducted some additional routing analysis but is hoping for Town feedback prior to holding the meeting with the public on those alternative routes. Commissioner Fiocco made a motion to Adjourn, seconded by Commissioner Bonitz at 10:40pm. 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 Cassandra M. Bullock, Town Clerk 12