1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, APRIL 12, 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 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. Adoption of the Agenda Commissioner Shipp made a motion to adopt the Regular Agenda, 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. UPDATES & COMMISSIONER CONCERNS 1. Manager Updates Town Manager Chris Kennedy thanked Mayor Nass for attending the Boys & Girls Club groundbreaking event held at the Pittsboro Kiwanis Club. Town Manager Kennedy stated that approximately fifty (50) people were in attendance for the event. Town Manager Kennedy also thanked Commissioner Shipp and the rest of the Pittsboro Boys & Girls Club Advisory Board for all their hard work to date. Town Manager Kennedy stated that Chatham 250's Founding Day event this past Saturday was a success as well. As the Board knows, this event was sponsored by the Town of Pittsboro and held on the premises of the future Town Hall. Town Manager Kennedy stated that the drive thru event brought out an estimated one-hundred fifty (150) cars and about four-hundred fifty (450) people in total. Town Manager Kennedy also thanked the Chatham County Clerk Lindsay Ray and Chatham County Commissioner Dianna Hales who helped with the event together along with Mr. Kyle Stinson, a local teen interested in government, who assisted with the time capsule project. Town Manager Kennedy also thanked the Pittsboro Police as well for a long day of setting up and oversight over the event. Town Manager Kennedy mentioned that the Town Public Works Department and the Pittsboro Fire Department began their annual hydrant flushing this past week, continuing into next, so if you see water flowing do not necessarily be alarmed. Town Manager Kennedy stated that this Saturday, April 17, 2021 the Board is having its annual budget retreat beginning at 9:00am. Staff intends to have a draft budget posted to the Town's Website by this Wednesday. Town Manager Kennedy stated that after the annual budget retreat, the Board will have two public hearings on the proposed budget, with the first public hearing scheduled for the May 10, 2021 Regular Meeting of the Board. Town Manager Kennedy noted a change to tonight's agenda, the addition of #7 to the Consent Agenda, a resolution to proceed with condemnation of property to acquire an easement necessary for the Sanford sewer force main project. 2. Mayor Updates Mayor Nass stated the groundbreaking ceremony for the Boys & Girls Club of Pittsboro was excellent and he thanked Commissioner Shipp and the Pittsboro Boys & Girls Club Advisory Board for all their hard work and dedication. 3. Commissioner Updates • Boys & Girls Club Commissioner Shipp was pleased to announce the groundbreaking ceremony went very well this past Saturday, and that it was great to see everyone in person. Commissioner Shipp announced that a local business has agreed to match up to $10,000 in donations to the Pittsboro Boys & Girls Club through May 1, 2021. Commissioner Shipp also mentioned that Pittsboro Elementary School and Horton Middle School will be sending out a survey to all parents to gauge interest in the local Boys & Girls Club. 2  • Chatham County Arts Council Commissioner Shipp advised Chatham Art Council is planning its 19th Annual ClydeFest in the Wild for events to occur in April and May. • Chatham County Economic Development Corporation (EDC) • Climate Change • Downtown • Fairground Association • Human Relations Committee • Main Street Pittsboro (MSPBO) Commissioner Fiocco advised Main Street Pittsboro has two (2) facades grants underway, with one making great progress, and a few exciting art projects in process. • Parks and Recreation Advisory Board (PARAB) • Pittsboro Business Association (PBA) • Triangle Area Rural Planning Organization (TARPO) • Triangle J Council of Governments (TJCOG) • Other CITIZEN MATTERS 1. Public Comment Mr. Greg Stafford, a business and property owner in downtown Pittsboro, spoke to the Board about the buffers required in the zoning ordinance for bars and taverns in proximity to churches and schools. Mr. Stafford expressed his concerned about this policy, fearing that such a policy would limit his ability to lease commercial space in his buildings and questioned the interpretation of a "bar" under the Town's current regulations. Mr. Stafford concluded urging the Board to not to limit downtown leasing in a way that burdens bars or similar businesses. 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. Set Public Hearing for REZ-2021-01 Chatham Park Section 5.3 4. Set Public Hearing for SUP-2020-03 Special Use Permit for Green Beagle Kennel 5. Set Public Hearing for ZTA-2021-03 Initial Adoption of the Unified Development Ordinance (UDO) 6. A-2021-01 Chatham Park Village District 6.2 7. Resolution Authorizing the Town to Initiate Condemnation Procedures to Acquire Certain Property End of Consent Agenda. Commissioner Bonitz made a motion to approve the Consent Agenda with the following changes: changing the February 22, 2021, minutes on page 3, changing "Adopted" to "Codify", remove item #5 Set Public Hearing for ZTA-2021-03 Initial Adoption of the Unified Development Ordinance (UDO) to Old Business, he would also like to move item# 7 Resolution Authorizing 3 the Town to Initiate Condemnation Procedures to Acquire Certain Property to New Business, 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. PUBLIC HEARINGS 1. None. OLD BUSINESS 1. Set Public Hearing for ZTA-2021-03 Initial Adoption of the Unified Development Ordinance (UDO) [formerly Consent Agenda Item #5] Mayor Nass expressed concern about providing only one week in between public availability of the proposed UDO document and the scheduled public hearing. Town Manager Chris Kennedy advised the Board that staff is working on some clean up items with the UDO, and those items were provided and discussed at previous Board meetings for review. Town Manager Kennedy also stated that the main reason the UDO is not posted yet is due to formatting issues and that Commissioner Fiocco and Town Attorney Paul Messick have submitted a list of changes to staff that also need to be considered for incorporation into the UDO text. Town Manager Kennedy also discussed the standards required by NCGS 160D that the Town has contracted with TJCOG to develop prior to the July 1 state imposed deadline. Generally, staff would like to have the UDO adopted by June 30, 2021, so if more time is needed between the public hearing and then, that is okay with staff. Commissioner Shipp stated that he is pleased to see that we are setting the public hearing after years of work on the UDO. Commissioner Shipp stated that he would support the Board leaving the Public Hearing open after the April 26 Regular Meeting at the Board level while also sending the UDO to the Town Planning Board for their May Regular Meeting, with the plan to continue the UDO public hearing at the Board of Commissioners level at the May 10 Regular Meeting. Town Manager Kennedy stated that if that timeline were followed the UDO public hearing could be opened on April 26, 2021, sent to the Planning Board in May, back to the Board on May 10, 2021 and then a potential adoption of the UDO at the Board of Commissioners May 24, 2021, BOC Regular Meeting. 4 Commissioner Shipp emphasized a desire to leave the public hearing open between April 26, 2021 and May 10, 2021 to allow for more commentary. Town Manager Kennedy explained that the Board has some flexibility because of the two Regular Meetings in May that occur after the May Planning Board meeting. Town Manager Kennedy stated that one of the downsides to that process would be if the Board of Commissioners applies a change in May, the Board would lose the recommendation of the Planning Board on that particular policy because the Planning Board may not have reviewed that change and could not do so formally. Town Attorney Messick concurred. Town Manager Chris Kennedy proposed setting the Public Hearing for April 26, 2021, then sending the UDO review to the Planning Board for their May meeting, then bring it back to the Board for the May 10, 2021 Regular Meeting. Staff will provide updates and comments we can remain on track for a potential adoption on May 24, 2021. Commissioner Shipp stated that he knows the Planning Board has been deeply involved for a very long time, he would like to hear some of their comments. Commissioner Bonitz agreed to timeline and stated that he, too, would also like to hear from the Planning Board. Commissioner Bonitz further stated that he knows there have been and will be edits and changes, but he would like to know when the draft will be posted to the website. Interim Planning Director Theresa Thompson stated that as of December 14, 2021, she has received comments concerning the NCGS 160D requirements, comments from Commissioner Fiocco and expects comments from Town Attorney Messick that he advised he will have to Ms. Thompson by this Wednesday. Interim Planning Director Thompson continued stating that 95% of the formatting is complete and that staff is still incorporating a few of the text amendments to the zoning and subdivision ordinances that have been recently approved by the Board. Staff will have the UDO posted promptly once those edits and additions are included, along with the remainder of the formatting corrections. Commissioner Bonitz made a motion to set Public Hearing for April 26, 2021, seconded by Commissioner Fiocco. 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. 5 NEW BUSINESS 1. Resolution Authorizing the Town to Initiate Condemnation Procedures to Acquire Certain Property [formerly Consent Agenda Item #7] Town Manager Chris Kennedy provided an overview of the Sanford force main project status, discussed the need to secure and close the property easements necessary to install the line, and the purpose of the Resolution proposed. Town Manager Kennedy offered that staff has been working on these easements for months now, with the assistance of a third-party company, Telics. Town Manager Kennedy stated that staff and Telics has only been able to locate two of Ms. Evelyn Kennedy's heirs, but not the full list of heirs due to unreliable and inconsistent contact information for them. Town Manager Kennedy emphasized the importance of the project the Town and that condemnation is not preferable but sometimes a necessary step. Town Manager Kennedy stated that the easement is for a 30' wide public utility and public greenway easement. Commissioner Fiocco mentioned condemnation is an interesting word and that he wanted the public to know the property is valued at market value and generally purchased at or above that market value number for easement access to the property. Mayor Pro Tern Baldwin asked about the decision to potentially condemn and about the responsiveness of any current property owner or heir. Town Attorney Paul Messick explained that the former property owner, Ms. Evelyn Kennedy passed away some years ago in Tennessee, she did have a will, but that will was not filed in Chatham County. The Town's third-party easement acquisition consultant has found two heirs, one who lives in Cary and another who lives in Wake County, but they have not been very responsive. Ms. Kennedy's property is between the Town's existing wastewater treatment plant and East Cornwallis Street. Ms. Kennedy has been very generous to the Town in the past, she also has an existing sewer line on her property as well. Town Attorney Messick advised the Board that before one condemns a property, the Board must give the owners a 30-day notice. The approval of this Resolution will allow us to start the ball rolling. If the Town condemns the property, we will pay the market value to the Clerk of Court, and if the owners decide to collect the funds, they can apply for it at the office of the Clerk of Court. Attorney Messick has advised if the Board approves the Resolution, he will personally send out letters to the heirs to attempt to avoid condemnation but will inform them of the Board's intention to condemn if necessary. Commissioner Shipp made a motion to approve the Resolution Authorizing the Town to Initiate Condemnation Procedures to Acquire Certain Property, 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. 6 MISCELLANEOUS 1. 2021 Chatham County Tax Revaluation Report to the Board - Chatham County Tax Administration Office Ms. Jenny Williams with Chatham County Tax Administration, along with Mr. Ryan Vincent with Vincent Solutions, provided the Board with a PowerPoint presentation covering the 2021 Chatham County tax reappraisal process and results. Ms. Williams and Mr. Vincent detailed the trends across the County, stating that the County-wide values increased 14% with Pittsboro values increasing 38% overall. Mr. Vincent described the appraisal process and the appeal process should anyone wish to appeal their assigned property value. Mayor Pro Tern Baldwin and Commissioner Farrell both stated they had received a number of phone calls expressing concern about the appraisals and the value increases. Town Manager Chris Kennedy advised if any Board members are receiving such inquiries, those phone call are best directed to the Chatham County Tax Administration office. Ms. Williams concurred. 2. 2019-20 Town of Pittsboro Financial Audit Report to the Board - Sharpe Patel CPA Mr. Jay Sharpe with Sharpe Patel CPA presented the result of the 2020 Town of Pittsboro financial audit. Mr. Sharpe provided an overview of the financial condition and reported a clean "bill of health" for the finances and the financial accounting performed by the Town in 2020. Commissioner Fiocco thanked staff for making the correction to the statement noted in last year's financial audit. Town Manager Chris Kennedy thanked Finance Director Heather Meacham and her team in the Finance Department for their every hard work and their assistance to Sharpe Patel CPA in the preparation of the annual financial audit. 3. Town of Pittsboro - City of Sanford Utility Alliance Report to the Board - Freese & Nichols, Inc. Town Manager Chris Kennedy provided an overview of the arrangement between the Town of Pittsboro and the City of Sanford from a utility coordination perspective. Town Manager Kennedy stated that the Town and the City advertised a RFQ for services to support the coordination in Summer 2020. Engineering firm Freese & Nichols, Inc. were selected for the work as part of the results of the RFQ. Town Manager Kennedy stated that the purpose of the RFQ was to explore the efficacy of a partnership between Pittsboro and Sanford and how that partnership may work in future projects. On behalf of Freese & Nichols, Inc., Charles Archer, Chris Belk, PE and Bryan Jann, PE presented a PowerPoint presentation to the Board discussing the relationship potential. 7 Commissioner Fiocco asked the engineering team about the costs associated with the concepts presented on slide 8 and 9 of the presentation, particularly the costs to Pittsboro for the year 2030 expense to expand our sewer capacity to 2 million gallon per day. Mr. Belk responded by detailing the process and the scenario costs of building a new plant versus more flow into the Sanford force main. Town Manager Chris Kennedy expressed his desire to solve the Town's utility capacity issues for generations to come. This project seeks to find achievable and lasting projects that will also provide short-, medium-, and long-range of success. Commissioner Fiocco asked about obtaining an IBT (Inter Basin Transfer) certificate. Town Manager Kennedy responded that the Town will continue to investigate the possibility of obtained an IBT certificate as well, and that those conversations are already occurring as we seek to find more creative solutions to our projected demand and need for long-term wastewater capacity. Commissioner Farrell asked could the IBT certificate could be denied or turned down by the State. Mr. Belk stated that the State could deny a IBT request during the required review process it goes through with the State Environmental Management Commission (EMC). Commissioner Bonitz asked if the 41 million gallons a day listed as the water capacity for the City of Sanford is correct. Mr. Belk responded that is correct. Discussion between Board ensured about the overall project. Mayor Pro Tern asked if the City of Sanford has measured PFAS in the Cape Fear River or Deep River. Mr. Belk advised they are still working on the PF AS data and the latest that they have are from January 2021, but that the levels seen in Sanford are far below the regular levels of PFAS measured in the Haw River serving Pittsboro. Town Manager Kennedy summarized this effort and the projects to come as necessary and doable, but also as expensive. The positive gains make this effort worthwhile. Town Manager Kennedy thanked Sanford, Chatham County and Freese and Nichols for their coordination to date and stated that he looks forward to continuing to build great relations between everyone. Commissioner Bonitz asked Mr. Belk and Mr. Archer to provide the Board with Sanford's data on the PF AS by inserting it into the reports. Mr. Belk agreed. 8 Final Board of Commissioner Comments & Adjournment Commissioner Shipp advised the Board and the general public that tonight's Regular Meeting of the Board was the first to be streamed on YouTube. Commissioner Shipp and Town Clerk Cassandra Bullock have worked to upload all Board of Commission meetings dating back to 2014 to Y ouTube as well. Commissioner Shipp stated that he will continue to work on this effort by next uploading the Planning Board meetings on the Town YouTube channel as well. Commissioner Fiocco advised the Pittsboro/ Chatham County Welcome Center recorded seventy- five (75) visitors this past Saturday as well. Commissioner Fiocco stated Saturday was a very busy day in Pittsboro, with Pittsboro Boys & Girls Club groundbreaking, the Chatham 250 Founding Day event and the Chatham Rabbit Hunt, which was also a huge success and that people seemed to be happy to be out and mingle with others after a year of COVID-19 related restrictions. Commissioner Farrell stated that he hopes the Town will continue to help the Pittsboro Youth Theater with their performances planned for the month of May. Town Manager Chris Kennedy advised he will follow up with Mr. Craig Witter on his needs and speak with Attorney Paul Messick to see if we can get an agreement drawn up that would allow the future Town Hall site to be used by Pittsboro Youth Theater as a rain event site for performances scheduled in May and June. Commissioner Farrell apologized to Commissioner Fiocco, Main Street Pittsboro, his fellow Board members and Town staff for the way he handled his self in the last meeting pertaining to the budget item for Main Street Pittsboro. Commissioner Fiocco accepted Commissioner Farrell's apology and stated that he appreciated his gentlemanly action. Mayor Pro Tern Baldwin asked everyone to read the article concerning the Town of Pittsboro's water study in the Chatham News & Record. Mayor Pro Tern Baldwin also asked Town Manager Chris Kennedy to speak with the publisher to advise him on the current status and progress made to date by the Town to improve the water quality for the Pittsboro residents. Town Manager Kennedy agreed. Commissioner Bonitz advised that the Town has now, unfortunately, made national news three times now concerning our drinking water. Commissioner Shipp expressed that he would like the Town to better promote what we are doing to correct the issue. Commissioner Fiocco made a motion to adjourn, seconded by Commissioner Bonitz at 10:06pm. Vote: Aye-5 Nay-0 Mayor Nass: N/A Mayor Pro Tern Baldwin: Aye 9 Commissioner Bonitz: Aye Commissioner Farrell: Aye Co, • sioner Fiocco: Aye ~m Shipp: Aye ames Nass, yor Attest fff·,,~~- rud U. R,JLoc:t: (h Cassandra M. Bullock, Town Clerk 10