1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, MAY 24, 2021 7:00 PM Members Present (Virtual): Mayor James 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, Chief of Police Shorty Johnson, Finance Director Heather Meacham, Town Clerk Cassandra Bullock, Planning Director Theresa Thompson, Director of Engineering Kent Jackson and Senior Planner Victoria Bailiff. Call to Order - Mayor Nass Mayor Nass called the meeting to order at 7:08pm. Invocation - Moment of Silence Mayor Nass asked for a moment of silence. Pledge of Allegiance Pledge of Allegiance was led by Boy Scout Gus Dillon. Adoption of the Agenda Commissioner Shipp made a motion to modify the Agenda to postpone the discussion with Girl Scouts Troop 1024 for Arbor Day 2022 to a future meeting and to move Old Business Item #1 (A-2021-01-Chatham Park Village District 6.2) to Miscellaneous Item #2, 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 l Commissioner Shipp: Aye Motion Passed. Girl Scouts Troop 1024 Discussion for the Town of Pittsboro's 2022 Arbor Day Celebration This discussion was postponed to an undetermined future Regular Meeting of the Board. UPDATES & COMMISSIONER CONCERNS 1. Manager Updates Town Manager Chris Kennedy provided an update on NCDOT' s downtown traffic circle construction project and discussed the transition of Knight Farm Community Park in the Vineyards neighborhood from Chatham Park Investors to the Town. Town Manager Kennedy also mentioned the recent hiring of Mr. Steve Schlauch, as a Planner I with the Town's Planning Department. 2. Mayor Updates Mayor Nass welcomed back Victoria Bailiff to the Town Planning Department. 3. Commissioner Updates ■ Boys & Girls Club Commissioner Shipp stated that the founding campaign fundraising is going well and the Pittsboro Boys & Girls Club is on track to be open by the beginning of the school year. ■ Chatham County Arts Council 1 Chatham County Economic Development Corporation (EDC) Commissioner Fiocco stated that he attended the most recent EDC meeting, and Mr. Carl Thompson presented, and that EDC is looking to partner with the NAACP to identify black and Latin owned businesses, and to identify barriers to growth in those communities, and to develop remedies and/or interventions for both short term and long-term measures. Commissioner Fiocco added that the EDC is undergoing a fundraising effort with a 5-year goal to raise between $800,000 and $2.4 million. They are working on a small business grant program, which is in addition to the existing Chatham Loan Fund, which is a program that's been going on for years and still has funds available for small businesses or any businesses. So, it's a good opportunity for folks to take advantage of the EDC opportunities there. ■ Climate Change Commissioner Bonitz advised that while this update is not a formal activity from the County Climate Advisory Committee, he was in conversations with the Chatham County sustainability staff and the Chatham County Climate Advisory Committee for a $6.66 million grant proposal to fund electrification of transportation and EV charging stations that the federal government was targeting underserved communities with this funding . ■ Downtown ■ Fairground Association ■ Human Relations Committee 2  • Main Street Pittsboro (MSPBO) Commissioner Fiocco stated that Main Street Pittsboro was going through an annual review of their bylaws. Commissioner Fiocco added that he was happy to see the Town's proposed budget for Fiscal Year 2021-22 now includes $65,000 for the Main Street program. Commissioner Fiocco mentioned that Main Street Pittsboro looks to host and partner with more events this coming year and further stated that the past year was obviously very difficult with the COVID-19 restrictions, so the usual events were not viable. Commissioner Fiocco stated that the design committee is working on a mural for the yoga garden building and agreed that the Town Manager's suggestion of a mural on the building on the northeast corner of the traffic circle and that Main Street would be glad to assist. Commissioner Fiocco advised that furniture has been ordered for the courtyard at the Welcome Center, but that it will not likely arrive until November. Commissioner Fiocco announced that Main Street Pittsboro was having a community meeting on June 15 at Postal Fish starting at 5:30pm with drinks and light food with a presentation about the Main Street program. • Parks and Recreation Advisory Board (PARAB) ■ Pittsboro Business Association (PBA) Commissioner Fiocco echoed the Town Manager's frustration with the lack of communication with the NCDOT traffic circle contractor and asked Town Manager Chris Kennedy if the Pittsboro Business Association had announced their first First Sunday of 2021. Town Manager Chris Kennedy advised that with PBA's Summerfest in July, he understood their goal to have the first First Sunday in August. • Triangle Area Rural Planning Organization (T ARPO) • Triangle J Council of Governments (TJCOG) Mayor Pro Tern Baldwin advised the Triangle J Council of Governments will be meeting on Wednesday. • Other Mayor Pro Tern Baldwin advised that the Chatham County Affordable Housing Advisory Committee will be meeting tomorrow. CITIZEN MATTERS 1. Public Comment None. CONSENT AGENDA 1. Town of Pittsboro Financial Reports by Month - April 2021 2. Dog Park Regulations within the Town of Pittsboro 3. Park Shelter Rental Policy within the Town of Pittsboro 4. Splash Pad/Sprayground Regulations within the Town of Pittsboro 5. Resolution by the Town of Pittsboro Formally Accepting the Donated Improvements I Comprised in the Knight Farm Community Park 6. Maintenance Agreement between the Town of Pittsboro and Chatham Park 3  Investors, LLC for the Care and Upkeep of Knight Farm Community Park 7. Ordinance Establishing Special Event Road Closures and Alcohol Premises for the Pittsboro Business Association (PBA) Summerfest 2021 End of Consent Agenda. Mayor Pro Tern Baldwin requested that the Consent Agenda Item # 2 be removed and moved to New Business# 1. Commissioner Farrell made a motion to approve Consent Agenda with the requested amendment, 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 1. Special Use Permit - SUP-2021-01- 882 A&B Thompson Street Mayor Nass opened the public hearing and provided an overview of the quasi-judicial process. Mayor Nass asked the Board of Commissioners to disclose any conflicts of interest or Mayor Nass also asked if anyone objected to this Special Use Permit public hearing proceeding continuing forward in a virtual format. Hearing no objection, Mayor Nass asked the Town Clerk to swear in anyone wishing to offer testimony during the public hearing. The Town Clerk administered the oath to Dan Morse with Triple A Homes and Interim Planning Director Theresa Thompson. Interim Planning Director Theresa Thompson presented the staff report and stated that the applicant, Triple A Homes, was requesting a Special Use Permit to convert a recently constructed duplex in to a two-unit townhouse located at 882-unit A and unit B on Thompson Street. Ms. Thompson stated that the structure already exists, and it was originally planned and permitted as a duplex. After construction, the applicant desired to convert the duplex into a townhome development so that he could sell each unit individually, which requires the approval of a Special Use Permit. Commissioner Farrell asked Planning staff if this request is common for the Town as he does not 4  recall the Board being asked to do something like this in the past. Interim Planning Director Theresa Thompson responded that this is a unique request. The developer, post-construction desired to convert the duplex into townhomes so that he could sell each dwelling unit individually and townhomes were special uses in the zoning district. Ms. Thompson added that the applicant was seeking waivers from most of the townhome standards due to the size of the subject property, which is allowed in the per the zoning ordinance. Ms . Thompson stated that the variations include leniency regarding common area, HOA, community building, landscaping, and play space requirements. The applicant would be subject to pay the recreation fee in lieu amount, $1,030 per lot, and a sidewalk fee in lieu payment to the Town. Mr. Dan Morse, on behalf of the applicant Triple A Homes, discussed the purpose behind this request and stated that his development team ended up in this Commissioner Fiocco asked the applicant if there were any building code requirements that have changed and needed with the conversion from a duplex to a townhome. Mr. Dan Morse replied that all building code requirements for a townhome have been met for the dwelling units to be converted to townhomes. Discussion ensued about the conditions and waivers subjected to this application and when those conditions and waivers would be presented and discussed with the Board of Commissioners. Interim Planning Director Theresa Thompson provided a general overview of the conditions and waivers . After discussion, it was decided that the formal conditions and waivers will be provided to the Board of Commissioners after public hearing and once this application returns to the Board of Commissioners for a vote . Mayor Nass asked for any comments or presentations from anyone wishing to oppose this project. No one spoke in opposition. Mayor Nass asked for additional Board discussion. No additional Board discussion occurred. Commissioner Fiocco made a motion to send SUP-202'i-0l to the Planning Board for review and to close the Public Hearing, seconded by Commissioner Shipp. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye I Commissioner Farrell: Aye 5 Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. 2. Manager's Proposed Annual Budget for Fiscal Year 2021-22 Commissioner Fiocco made a motion to go into Public Hearing, 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. Town Manager Chris Kennedy opened the public hearing and stated that the budget proposal for Fiscal Year 2021-22 is largely unchanged from the version that was presented to the Board and the public at the first budget hearing held on May 10, 2021. Town Manager Kennedy provided an overview of the changes since the first public hearing . On the general fund side of the budget, the only difference is a $65,000 allocation expense to Main Street Pittsboro that would be funded with a fund balance appropriation. Therefore, the general fund budget amount requested has increased by $65,000. On the enterprise fund side of the budget, staff has continued to tweak the numbers to minimize the request utility rate increases, the base and consumption rates for both water and sewer. The current budget proposal, due to the attribution of revenue associated with the cost-share for the Sanford Force Main easements with Chatham Park Investors, requests a 43 % increase to the water rates and an 18% increase to the sewer rates, the latter down from 30% presented on May 10. Town Manager Kennedy explained that staff has run a multitude of other scenarios to mollify those increases but that staff was confident that with the proposed in order to fund old projects in need of moving forward along with new hires and new projects. Town Manager Kennedy stated that he thought our citizens, residents, and customers will be pleased with these operational advances that we are proposing despite the rate increases. Town Manager Kennedy added that the Town's property values have increased substantially with this year' s County property reappraisal, with a 39% increase in values in Pittsboro, and stated that there are certainly positive and negative externalities to values going up. Town Manager Kennedy stated that this proposed budget intends to hold the tax rate at 0.4333 per $100 of valuation and that the Town's revenue neutral rate is 0.3419 per $100 of valuation . On the enterprise fund , a 43% increase to the water rates and a 18% increase to the sewer rates are necessary to balance to budget. Town Manager Kennedy stated that he believes much of the conversation for this public hearing 6  #2 will be pertaining to the water and sewer rates and added that staff welcomes the feedback and the conversations, but we feel confident in what we have proposed. Town Manager Kennedy offered that if he did not feel so strongly about it, he would not have proposed this in the budget proposal for Fiscal Year 2021-22. Town Manager Kennedy stated that he was hopeful that people will find value in what staff was proposing, and that our citizens, residents, and customers feel like they are investing in a better future for Pittsboro. Mayor Nass asked if anyone from the public wished to speak during the public hearing. No public comment was provided. Commissioner Fiacco expressed his gratitude to Town Manager Kennedy for his efforts to keep this budget moving things forward and for his level of communication. Commissioner Fiacco stated that we are at a very pivotal time in Pittsboro, as growth is promised and the Town needs to make necessary infrastructure investments, particularly in removing PFAS from our drinking water, and that the Town has an obligation to do these projects despite a very challenging budget with the proposed rate increases . Commissioner Fiacco added that once the pipeline to Sanford constructed, the Town should see a decrease in the cost per gallon of treatment as our plant is not the most efficient. Mayor Nass commended Town Manager Kennedy and Town staff for their continued efforts to reduce the proposed utility rate increases . Commissioner Jay Farrell asked Town Manager Kennedy to elaborate on the sewer rate increase request and how we are showing it decrease from a 30% increase to an 18% increase to the rates. Town Manager Kennedy responded by explaining the revenue added from the Town and Chatham Park Investors cost-share arrangement for the Sanford Force Main project, which also includes the easements needed for the pipe installation. Town Manager Kennedy stated that the Town is currently projecting easement acquisition expense to be $248,096 . With a 65/35 cost-share split and with the Chatham Park Investors portion subtracted, allows us to decrease the sewer rates from 30% to 18% by assigned 65% of the expense as a revenue to be paid by Chatham Park Investors. For context, at the budget retreat in April 2021, the budget included a 53% to the water rates and 68% increase to the sewer rates, so staff has obviously worked to reduce the rate increase to as little as possible. Town Manager Kennedy offered that a new SDF study in Fiscal Year 2021-22 will help increase our revenues opportunities to reduce the burden on the rates. Commissioner Farrell stated those efforts are great work but that he is still struggling with the proposed water rate increases. Town Manager Kennedy concurred and stated that staff has sought to reduce the increases as much as possible and that he appreciates the Board's willingness to entertain the rate increases and respects the Board's position to keep rates down. Mayor Nass stated on behalf of the Board his thanks to Town Manager Kennedy for being sensitive to the fact that this Board has taken the position that we need to be very mindful and careful of the I things that we are doing that can affect the poorest and most vulnerable of our citizens and that it 7 is clear that we all want to keep in mind that there are some within our community that have more financial difficulty than others . Town Manager Chris Kennedy reciprocated those comments and offered for the public's benefit that the Board has continually requested of staff new ways or alternative approaches to reduce the rate increases. It has really been a collaborative effort of back and forth with the Board and staff, and as a citizen of the Town himself, Town Manager Kennedy commended the Board for working hard, holding staff accountable to understanding where these rates are, understanding what the projects are, the justification behind them. Town Manager Kennedy stated that he thought the citizens should be proud of both the elected officials and staff working collaboratively in the preparation of this budget. Commissioner Bonitz stated his appreciation to staff for their excellent communication about the proposed capital projects and the overall investments that we need to make to have a better system, because it is really so important that the community understand at this delicate time , when we are preparing to grow rapidly that we must make some investments to strengthen our system, to rebuild in some places of our system, and to deal with these challenges that we did not invite upon ourselves, namely the pollutants in our drinking water. Commissioner Bonitz then discussed the inclusion of $65,000 for Main Street Pittsboro being added to the budget. Commissioner Bonitz stated that he reached out to some neighbors and some businesses in town, specifically our businesses in the Main Street district and those who have been severely impacted over recent years with the controversies with protests and counter-protests, and then the COVID-19 pandemic largely shutting down much of commerce last year, and then followed by the NCDOT traffic circle construction project at times severely impacting the ability to keep the doors open for businesses downtown. Commissioner Bonitz added that he is deeply challenged by the funding requests from Main Street Pittsboro, for the $65,000, as Main Street Pittsboro has apparently not asked our local businesses in the downtown what they can do to help business . Commissioner Bonitz reiterated the importance of bolstering the downtown district and that now is the time to make investments to help downtown compete against larger commercial developments like Mosaic in Chatham Park. Commissioner Bonitz stated that he is willing to set aside his deep concerns about that $65,000 in exchange for restrictions on the funding, if Main Street Pittsboro can strive for, in very meaningful and measurable ways towards greater inclusivity of the Main Street Pittsboro board and greater transparency of its operations. Commissioner Fiocco responded that as a Main Street Pittsboro board member, he can appreciate the challenges that the businesses are experiencing, given the items that you described and stated that Main Street Pittsboro does offer to help small business owners . Commissioner Fiocco stated that Main Street Pittsboro board members have gone door-to-door to talk to businesses to see how they can help. Commissioner Fiocco stated that Main Street Pittsboro provided a lottery where people could receive gift cards to local stores purchased by Main Street Pittsboro to help keep business moving forward during the pandemic . Commissioner Fiocco stated that Main Street Pittsboro also helped deliver free masks to local business during the pandemic and summarized that Main Street Pittsboro is a group of very dedicated people and he believes it is worth the investment. Commissioner Fiocco stated that the alternative is for the Town to again take over the program and he sees Town being challenged in many ways to do all the things that we want and need to do. Commissioner Fiocco encouraged this Board to fund Main Street Pittsboro again, with 8  this considerably reduced request. Further, Commissioner Fiocco discussed the commitment of the 'I Welcome Center and the ongoing expense that took a real eyesore from downtown and converted it into a very attractive space, so he urged the Board to fund Main Street Pittsboro once again. Mayor Nass asked for any public input on the conversation. Commissioner Bonitz requested that other Commissioners have an opportunity to discuss prior to public input. Commissioner Farrell stated has had concerns in the past regarding the Main Street Pittsboro program and that as a business owner in downtown, everyone on main street has been struggling. Commissioner Farrell mentioned that the Welcome Center is a nice thing , but that he does not believe that it has pushed people in the doors of our downtown businesses. Commissioner Shipp stated that this Board has already spent a significant amount of time discussing the funding request from Main Street Pittsboro and that he does appreciate them looking at their budget more closely and reducing their requested amount from their initial request. Commissioner Shipp proposed that the Town fund Main Street Pittsboro for their full request of $65,000 but include a restriction that only $5,000 can be expended on the Welcome Center. Commissioner Shipp stated that also as an organization that serves downtown businesses, this Board would certainly like to see more downtown business owners or property owners on the Main Street Pittsboro. Commissioner Shipp proposed quarterly funding based on the Main Street Pittsboro board achieving greater than 25% of its board membership with downtown busines owners and downtown property owners by the end of the first quarter, and then greater than 50% going from there. Mayor Pro Tern Baldwin expressed her continued concern and desire to see more downtown business owners and merchants input for the Main Street Pittsboro program. Mayor Pro Tern Baldwin stated that she would like to fund Main Street Pittsboro, but we need to identify the specific stipulations to that funding. Mayor Pro Tern Baldwin thanked Town Manager Kennedy and staff for listening to the Board's suggestions throughout this difficult budget preparation and responding accordingly. Commissioner Bonitz concurred. Commissioner Shipp, for clarity purposes, proposed that the Town fully fund Main Street Pittsboro's $65,000 funding request with $5,000 restricted to the Welcome Center with the remaining $60,000 paid quarterly. The first quarter payment would require 25% or more of the Main Street Pittsboro board to be comprised of downtown business owners or downtown property owners, and each following quarterly payment would require that the Main Street Pittsboro board membership include greater than 50% of the board be downtown business owners or downtown property owners. Mayor Nass expressed concern over the difficulty in finding the requisite number of members who I are willing to serve on the Main Street Pittsboro board, particularly with absentee property owners. 9 Mayor Nass stated that his experience suggests that it will be very difficult to get enough people willing to serve, adding that if it is an absolute requirement, there needs to be a proviso that a good faith effort to acquire that 25%, 50% or 75% or whatever can be made even if it cannot be fulfilled. Commissioner Bonitz suggested that it is simply a requirement, a measurable one, and if it is not achievable, then there must be something profoundly wrong with the organization, because he knows of three people who are interested in being on the Main Street Pittsboro board. Commissioner Bonitz offered that we challenge the people who are so passionate about this organization to do what needs to be done, perhaps even changing the bylaws . Commissioner Fiocco asked about the three candidates. Commissioner Bonitz responded that we should take this conversation offline because it has been made clear to him that inquiries were made and that there was a convoluted process for application, that there were people being sponsored for membership on the Board. Commissioner Bonitz stated as a principle that he would like to see greater inclusivity and significant, dramatic efforts made at inclusivity. Commissioner Bonitz added that if we think about the mission of the organization and the importance of it supporting the businesses, and the fact that it lacks a majority of business participation, and most organizations akin to this in other towns are predominantly those such business owners and property owners, he thinks we can do this . Commissioner Bonitz stated that he is optimistic and that it must happen because we need the organization to step up and truly represent downtown businesses. Commissioner Fiocco responded that Main Street Pittsboro would appreciate the forwarding of those board member candidate names and that he is unaware of those individuals. Commissioner Fiocco stated that if there were business owners or property owners interested, Main Street Pittsboro would absolutely welcome them. There is an application process that everybody goes through, and he shared that Main Street Pittsboro recently had a property owner interview and was offered the position on the board, but ultimately declined due to potential conflicts of interest. Commissioner Fiocco stated that Main Street Pittsboro has pursued business owners and property owners for many years and if anyone has any interested parties, please pass those names along to him. Commissioner Fiocco added that as far as the payment goes, the Town and Main Street Pittsboro have a MOU and if there is an interest in changing that, that will require both parties to come to agreement. Commissioner Bonitz asked for a vote on the agreement. Commissioner Fiocco expressed his frustration with the negative feedback for the Main Street Pittsboro program and stated that the Welcome Center is getting people in there every day and we are directing them to businesses throughout town . Mayor Nass asked for additional commentary and suggested that the Board consider the alternatives and whether the Town wishes to continue to be a part of the Main Street program. Mayor Nass entertained a motion to close the Public Hearing for the Fiscal Year 2021-22 proposed budget, to allow a 24-hour comment period following the closure of the Public Hearing, and to  schedule a Special Meeting of the Board of Commissioners on May 27 , 2021. Commissioner Bonitz interjected and stated that the Board has another nearly formed motion on the table, as we were discussing restrictions on $65,000 funding allocation for Main Street Pittsboro . Town Manager Kennedy stated that revisal of the Main Street Pittsboro MOU can be attended to outside of the budget public hearing itself, but if there was any specific feedback about restrictions on the money, he would prefer to have that formalized during this public hearing. Town Manager Kennedy offered that if there was guidance to meet, then we can look at the contractual parameters and see whether we would appropriate $65,000 and then only distribute that upon the conditions of which this Board approves . Mayor Nass asked for a motion about Main Street Pittsboro. Commissioner Shipp made a motion to fund Main Street Pittsboro in the amount of $65,000 subject to restrictions from the Board that will be determined prior to Fiscal Year 2021-22, seconded by Commissioner Bonitz. Vote: Aye-4 Nay-1 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiacco: Nay Commissioner Shipp: Aye Motion Passed. Commissioner Fiacco made a motion to close the Public Hearing for the Fiscal Year 2021-22 proposed budget, to allow a 24-hour comment period following the closure of the Public Hearing, and to schedule a Special Meeting of the Board of Commissioners on May 27, 2021 at 10:00am, held virtually via Zoom, to Vote on the Fiscal Year 2021-22 Annual Budget, seconded by Commissioner Bonitz. Mayor Nass clarified that the purpose of the May 27, 2021 meeting will be to adopt the tax rate and approve the budget for Fiscal Year 2021-22. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiacco: Aye I Commissioner Shipp: Aye 11 Motion Passed. OLD BUSINESS 1. Rezoning- REZ-2021-01 Chatham Park Section 5.3 Master Plan Revision (formerly Old Business #2) Interim Planning Director Theresa Thompson presented the staff report and stated that REZ-2021- 01 was before the Board for action for an amendment to the Chatham Park planned development district master plan to revise the table of permitted uses for a portion of Section 5.3, located on Eubanks Road and adjacent to intersections US 64 business and US 64 bypass. Ms. Thompson stated that the Planning Board unanimously voted to recommend approval of this request. Commissioner Benitz asked whether Chatham Park had considered his feedback regarding crematoriums as acceptable land uses. Discussion ensued about the permissibility and the need for crematoriums in Chatham Park. The comment was noted by all parties and agreed to be addressed in a later application. Commissioner Fiocco made a motion to approve the amendment requests under REZ-2021-0land the ordinance amending the table of permitted uses of the Chatham Park planned development district and the associated land use plan consistency statement, seconded by Commissioner Benitz. Commissioner Bonitz expressed his concern, that many residents share, that this area is no longer being dedicated to research and development but acknowledged that we do need business and commerce. 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. Special Use Permit - SUP-2020-03 Green Beagle Kennel (formerly Old Business #3) Interim Planning Director Theresa Thompson presented the staff report and stated that SUP-2020- 03 was before the Board for action for a Special Use Permit for a commercial kennel and accessory pet daycare, grooming and dog training to be located at on approximately 16.45 acres . Ms. Thompson stated that as explained during the public hearing, the site plan shows a type B perimeter surrounding the development on all sides and in addition to the minimum standards, the applicant 12  has committed to not removing any trees within that green area shown on the plan. Ms. Thompson added that the conditions of approval have changed to those now shown in the ordinance adopting this application for approval and that the petitioner has agreed to all conditions. Ms. Thompson stated that the Planning Board unanimously voted to recommend approval of this request. Commissioner Fiocco made a motion to approve Special Use Permit SUP-2020-03 , 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 Site Plan , 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. 3. Zoning Text Amendment - ZTA-2021-03 -Town of Pittsboro Unified Development Ordinance (UDO) (formerly Old Business #4) Interim Planning Director Theresa Thompson presented the staff report and stated that staff was requesting the adoption tonight of the Town of Pittsboro Unified Development Ordinance (UDO), a document that now consolidates, rewrites, and replaces multiple existing ordinances, including the zoning ordinance , subdivision, flood plain, flood damage prevention, lighting, stormwater, and riparian buffer protection ordinances into one unified ordinance. Ms. Thompson mentioned that the Town has consulted with the Triangle J Council Governments to incorporate the required statute 160D updates. Ms . Thompson also discussed a series of known items that staff wished to correct in the future, labeled as the "parking lot list". Ms. Thompson continued and stated that the Planning Board unanimously recommended approval of the UDO with a recommendation comment to remove Section 5.3.5(B)(3)(iii) Required Multiple Means of Vehicular Access for [ future review and discussion. Ms . Thompson also discussed that after the closing of the public 13 hearing on May 10, 2021, two letters were submitted within the 24-hour comment period. One from local attorney TC Morphis and one letter from Pittsboro ETJ resident Liz Cullington; those letters were submitted with the staff report. Discussion ensued between the Board and staff pertaining to the Planning Board' s recommendation. Commissioner Shipp and Commissioner Farrell expressed their pleasure with finally seeing this document come to fruition after many years of work on this UDO . Commissioner Bonitz made a motion to approve the text amendment request by adopting the ordinance to adopt the UDO and the Associated Land Use Plan Consistency Statement, seconded by Commissioner Farrell. Commissioner Fiacco expressed that while this is an improvement to the current zoning ordinance, he finds the UDO lacking and far from a progressive product that was first envisioned. Commissioner Fiacco stated that he wished we had done a better job and that he is looking forward to the many amendments to come in the future. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiacco: Aye Commissioner Shipp: Aye Motion Passed. NEW BUSINESS 1. Dog Park Regulations within the Town of Pittsboro (formerly Consent Agenda Item #2) Mayor Pro Tern Baldwin expressed a few concerns about the age restnct10ns for children unattended at the dog park with Knight Farm Community Park, and to be applied to any other dog parks the Town may have in the future. Mayor Pro Tern Baldwin thought that the age restriction should be 15 years of age and not 12 years of age for unattended children at the dog park. Discussion ensued about the age requirements . Mayor Pro Tern Baldwin made a motion to change the proposed regulations for dog parks to increase the age requirement from age 12 years of age to 15 years of age, seconded by Commissioner Bonitz. 14  Vote: Aye-5 Nay-0 r Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Benitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. 2. Site Plan - SP-2021-02 - Chatham Park Section 5.2 Vineyards Amenity Center (formerly New Business Item #1) Interim Planning Director Theresa Thompson presented the staff report and stated that the applicant , Chatham Park Investors, LLC , was requesting site plan approval of a new private amenity center to be located on 2.64 acres off Vine Parkway in the Vineyard neighborhood of Chatham Park, located just north of Knight Farm Community Park. This amenity center is to be private, not Town owned or maintained, but it is staff's understanding that memberships will be open to the public and not just residents of Chatham Park. Ms. Thompson stated that the amenity center would include a swimming pool, pickleball courts, a concession stand and a real estate sales center that will be transitioned into a clubhouse space in the future. Ms. Thompson stated that in addition to the site plan approval, the applicant is requesting to reassign their existing sewer allocation to redistribute 4,230 gallons per day (GPD) to this amenities center site. The applicant has an extra amount of sewer allocation currently as 26 lots were removed from one of the proposed subdivisions within the Vineyards neighborhood, thus after reassigning 4,230 GPD , they would have another 450 GPO remaining from the original approval. Ms. Thompson stated that the Planning Board unanimously voted to recommend approval of this request. Commissioner Shipp questioned the applicant on the sales center and whether there is a defined timeline when the sales center must convert to the community center. Chuck Smith with Chatham Park Investors stated that he believed that it would convert in no more than three (3) years . Commissioner Shipp made a motion to approve Site Plan SP-2021-02 and approve the request to redistribute existing sewer allocation, seconded by Commissioner Fiocco. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Benitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye 15 Motion Passed. 3. Preliminary Plat - SUB-2020-02 - Chatham Park Section 6.2 Phase 1- Village Center (formerly New Business Item #2) Interim Planning Director Theresa Thompson presented the staff report and stated that the applicant, Chatham Park Investors, LLC, was requesting to subdivide 29.14 acres into 129 lots, which would include 81 single family as well as 48 townhome residential lots . Ms. Thompson mentioned that the Board's approval resolution does include language that the final plat will not be approved until the wastewater treatment capacity is allocated for this project. Ms . Thompson stated that the Planning Board unanimously voted to recommend approval of this request. Commissioner Fiocco made a motion to approve the Preliminary Plat SUB-2020-02, 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. MISCELLANEOUS 1. Annexation -A-2021-01-Chatham Park Village District 6.2 (formerly Old Business #1) Commissioner Fiocco made a motion to approve the Annexation A-2021 -01 , seconded by Commissioner Bonitz. 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. 16  2. Clean Haw River Discussion with Board of Commissioners (formerly Miscellaneous #1) Town Manager Chris Kennedy provided a brief overview of the conversation and introduced Katie Bryant and Dr. Jessica Merricks with the organization Clean Haw River. Clean Haw River expressed concerns over the Town's drinking water quality and the desire for Clean Haw River to assist the Town in its current efforts as well as to fill any gaps that the Town may experience in its fight against emerging contaminants. Clean Haw River discussed a letter, dated May 4, 2021, with a list of topics and concerns. In this letter Clean Haw River discussed their desire to contact upstream polluters, install advanced treatment and filling station at our local schools, improve communication and correct transparency concerns, and to assist the Town in grant proposals to fund necessary improvements. Katie Bryant stated that the desire to address the three upstream polluters directly via a letter, Greensboro , Burlington, and Reidsville. Ms. Bryant stated that the letter was intended to introduce who we are and that we were very aware of concentration levels coming downstream with 1,4 Dioxane, PFAS, and bromides. The letter would also include information stating that we have created a health survey to start tracking health trends among Pittsboro water users and that we are asking them for financial assistance because they are clearly financially benefiting from industry that is polluting our drinking water. Ms. Bryant added that Clean Haw River wished to request the upstream polluters to be held responsible and to pay for our reverse osmosis (RO) systems in the schools, a RO filling station in the town, for the Town's granular activated carbon (GAC) system at the water treatment plant. Clean Haw River requested that the Town sign the letter to the upstream polluters by May 17, 2021. Mayor Nass asked if a letter of this sort would be best sent by the Town alone or jointly with the Town and Clean Haw River would be more effective, and whether we should send this letter to state level elected officials as well . Katie Bryant responded that either worked well for Clean Haw River and yes, there is a desire to approach state level elected officials as a next step . Clean Haw River requested feedback from the Board and asked for a deadline for when feedback would be provided. Commissioner Bonitz asked if one week was sufficient for the Board to comment and provide feedback. Commissioner Shipp agreed to that deadline. Town Manager Kennedy stated that once the Board provides any feedback on the letter that he would work with Clean Haw River on the final version and send it back to the Board once it is revised and finalized . Town Manager Kennedy suggested that we send the final letter to I downstream neighbors as well to alert them to the us contacting the upstream polluters and that 17 utilities such as Fayetteville and Wilmington could assist us in our efforts to remove these contaminants from our drinking water that also supplies their drinking water as well . Dr. Jessica Merricks discussed a desire to install RO dispensing systems at our local schools and the concerns of Chatham County Schools have had about this type of system. Dr. Merricks asked the Town to communicate to the school board the risks of drinking Town water and whether the Town would be interested in issuing a drink at your own risk. Town Manager Kennedy expressed some concern in the Town from a liability perspective in issuing such a statement or affirmative comment about the Town's drinking water. Katie Bryant stated that she did not understand why the school board cannot act independently of the Town in correcting the water distributed to students, but she understands there is a general reluctance to act at the school level. it. Clean Haw River stated their desire to collect the input from parents and to raise money independently if necessary to prevent the students from drinking contaminated water. Mayor Nass asked about studies surrounding the pregnant women drinking these contaminants and discussion ensued about the known effects of PFAS on pregnant women. Katie Bryant expressed concerns about communications from the Town and wished to have more consistent communication with the water users. Town Manager Kennedy responded stating that the Town shares that common goal of great communication and that the Town had included an agenda item for water concerns on nearly every agenda in recent memory, so the Town asks that the activist organizations help us push this information out to the public as well as an extension of the Town. Town Manager Kennedy stated that the Town is also revamping the Town website and the Town is seeking to hire a Public Information Officer that should improve our communication efforts . Mayor Nass stated that the Board is willing to partner with Clean Haw River to improve our communication. Discussion ensued about monitoring and the frequency and reporting of the monitoring results. This discussion also included conversation about intermittent contamination that occurs with 1,4 dioxane. Town Manager Kennedy stated that the Town's water treatment plant project for GAC and ion exchange (IX) also stubbing out for UV AOP that will address 1, 4 dioxane. The Town cannot afford the UVAOP at this time, but the Town has included it in the design so that we can add if needed later. Clean Haw River provided a summary of their presentation and expressed their desire to help the Town secure funding for these advanced treatment measures and projects . 18  Dr. Jessica Merricks asked if the Town would be interested in a centralized RO filling station if they could secure the funding for that infrastructure. Mayor Nass and Commissioner Farrell stated that they believe the Board would support that effort if funding were provided. Clean Haw River asked if the Town has a specific contact person. Town Manager Kennedy responded and stated that unless the Board says otherwise, he would be the best contact person. Katie Bryant concluded the presentation with a discussion about pending legislation about PFAS in North Carolina. Mayor Nass thanked' Clean Haw•Ri,':'.er '1 and suggested regular meetings would be welcomed. ~ • , I ,..._, Final Board of Commissioner Com~nts & Adjournment J ' , ,' • ~:? i. Commissionet ~yle Shipp expressedh~ :c~ncerns over vehicle noise around town and requested more enforcement from our Police Dep,¥{:i;nent. Commissioner John Bonitz concurred.with Commissioner Shipp's concerns over vehicle noise and a desire for more enforcement. Town Manager Chris Kennedy stated that he would forward our noise ordinance sections, Chapter 17 of the Town Code of Ordinances to the Board. Commissioner John Bonitz announced the recent passing of downtown business owner and renowned musician Mr. Tommy Edwards, who was also recognized by Governor Cooper on Friday with The Order of the Long Leaf Pine. Commissioner Bonitz requested that the Town pass a resolution or some other form of memorial to honor Mr. Edwards. Town Manager Chris Kennedy stated that he will prepare a resolution of sympathy for Mr. Edwards for the June 14 Regular Meeting of the Board of Commissioners. Commissioner Farrell made a motion to Adjourn at 10:49 pm, seconded by Commissioner Fiacco. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye I Commissioner Fiacco: Aye 19 Commissioner Shipp: Aye Motion Passed. ATTEST: , a;;u;efl"Yayor a ~L~ Cassandra M. Bullock, Town Cl~ 20