1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, JUNE 28, 2021 7:00 PM Members Present (Virtual): Mayor James Nass, Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Commissioner Michael Fiocco and Commissioner Kyle Shipp. Commissioner Jay Farrell joined the meeting late. Staff Present (Virtual): Town Manager Chris Kennedy, Town Attorney Paul S. Messick, Chief of Police Shorty Johnson, Town Clerk Cassandra Bullock, Planning Director Theresa Thompson, Senior Planner Victoria Bailiff, Project Engineer Morgan De Wit. Call to Order-Mayor Nass Mayor Nass called the meeting to order at 7:23pm. The Call to Order was delayed due to technical difficulties with the Zoom platform and the new Town website. Invocation - Moment of Silence Mayor Nass asked for a moment of silence. Pledge of Allegiance Pledge of Allegiance was led by Commissioner Shipp. Adoption of the Agenda Commissioner Fiacco made a motion to approve the Regular Agenda, seconded by Mayor Pro Tern Baldwin. Vote: Aye- 5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: NIA Commissioner Fiacco: Aye Commissioner Shipp: Aye Motion Approved. Resolution Commemorating Juneteenth & Declaring June 19 a Town Holiday Mayor Pro Tern Baldwin made a motion to approve the Resolution, seconded by Commissioner Shipp. 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 Approved. UPDATES & COMMISSIONER CONCERNS 1. Manager Updates Town Manager Chris Kennedy Staff announced the launch of the Town ' s new website. The website has been visually upgraded and staff will be working to update and improve the content available on the website. In addition to the improved aesthetics, this website upgrade allowed the Town to better share information with the public and greater capabilities for improved user functionality . Town Manager Kennedy also informed the public that the Town has instituted a new agenda item labeling system that should make finding agenda packets memorandums and staff reports easier on the Town website . Town Manager Chris Kennedy encouraged the public to attend the Pittsboro Summerfest on July 4 and stated that the event will be held in the parking lot on the future Town Hall site. Town Manager Kennedy mentioned two new staff hires: Ms. Katy Keller as the Town's new Parks Planner, formerly with the Town of Indian Trail, North Carolina, in the Parks & Recreation Department; and, Ms. Morgan DeWit as the Town's new Project Engineer in the Engineering Department, formerly with Chatham County, North Carolina. Town Manager Kennedy advised that the petitioner for REZ-2021-02 Park Drive, YRC LTD (Mr. Randy Voller) has requested a formal withdrawal. Mr. Voller and his team intend to resubmit with a Conditional Rezoning and speak with some of the neighbors to address some of their concerns. 2. Mayor Updates Mayor Nass encouraged the public to attend the Pittsboro Summerfest as well and stated that he will be serving as a judge in the event's pie contest. Mayor Nass advised that he received an email from Richard Angino with Third Wave Housing LLC, stating that Third Wave Housing LLC were successful in obtaining State approval for tax incentives to build affordable housing here in Pittsboro, the State only grants one such award per 2 county per year. Mayor Nass stated that Mr. Angino believes there may be an issue with the approved tax abatement with this project at the County level. Mayor Nass advised the Board of a meeting on Thursday to meeting with the County to discuss this concern. This tax abatement concern could jeopardize the planned forty-eight (48) affordable housing units in Pittsboro. 3. Commissioner Updates ■ Boys & Girls Club Commissioner Shipp advised that the Pittsboro Boys & Girls Club was at 32% of their funding goal necessary to open the Club. Commissioner Shipp added that the Pittsboro Boys & Girls Club have worked with the Pittsboro Youth Theater and a promotional video has been prepared to promote the Club. Commissioner Shipp stated that the Pittsboro Boys & Girls Club will have a pancake breakfast at the Chatham County Ag Center on July 28, 2021 with new Chatham County Schools Superintendent Dr. Anthony Jackson serving as the keynote speaker. ■ Chatham County Arts Council ■ Chatham County Affordable Housing Advisory Committee (AHAC) ■ Chatham County Economic Development Corporation (EDC) Commissioner Fiocco stated that the EDC held a meeting this past Wednesday and the County is seeing quite of bit of interest and activity on the economic development front. ■ Climate Change ■ Downtown ■ Fairground Association ■ Main Street Pittsboro (MSPBO) Commissioner Fiocco stated that Main Street Pittsboro had a good turnout at their Community Update Meeting and advised that post-meeting, two individuals reach out to discuss the facade grant program. Commissioner Fiocco also mentioned that the Main Street Pittsboro Design Subcommittee received artist concepts for the planned mural at the yoga garden building and stated that they are very close to making a selection. ■ 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 None. CONSENT AGENDA 1. Town of Pittsboro Financial Reports by Month - May 2021 2. A-2021-02 Northwood MUPD - US Highway 15-501 (PARID 72825) 3. Set Public Hearing for A-2021-03 Corbett Landing (fka Rexford Landing) - Old Graham Road (PARID 6580, 69515) 3  4. Set Public Hearing for Chatham Park Development Agreement 5. Set Public Hearing for REZ-2021-03 - Townsend Tract - Sanford Road (PARID 60774, 89720, 7413), Jamie S. Schwedler 6. Set Public Hearing for SUP-2021-02 Townsend Tract- Sanford Road (PARID 60774, 89720, 7413), Jamie S. Schwedler 7. Budget Amendment for Open Space and Recreation Payment in Lieu 8. Board of Commissioners Future Agenda Item "Look Ahead" Tentative Schedule End of Consent Agenda. Commissioner Bonitz made a motion to approve the Consent Agenda with the amendment of moving Consent Agenda Items #4, #5 and #6 to New Business #1 , #2 and #3 , respectively, seconded by Commissioner Farrell. Discussion ensued amongst the Board pertaining to the desire to move these items from the Consent Agenda to the New Business section on the agenda. Vote: Aye- 3 Nay-2 Mayor Nass : NIA Mayor Pro Tern Baldwin: Nay Commissioner Bonitz: Aye Commissioner Farrell : Aye Commissioner Fiocco: Nay Commissioner Shipp: Aye Motion Approved. PUBLIC HEARINGS 1. Rezoning- REZ-2021-02- Park Drive (PARID 79930), VRC Ltd. The applicant, YRC Ltd . withdrew his application prior to Regular Meeting and prior to the opening of the public hearing . OLD BUSINESS 1. Special Use Permit- SUP-2021-01- 882 A&B Thompson Street Planning Director Theresa Thompson presented the staff report and explained that the applicant Triple A Homes, was requesting a Special Use Permit for a two-unit townhouse project on Thompson Street. Ms. Thompson stated that the structure was originally permitted as a duplex, and the applicant was requesting approval to convert the units to townhouses so that a subdivision ofland may occur. Ms. Thompson continued by stating that the Board of Commissioners held a quasi- judicial public hearing on this application at its May 24, 2021 Regular Meeting and that Planning Board reviewed this application at their June 7, 2021 Regular Meeting, and recommended approval 4 with a vote of 4-2. Ms . Thompson advised that the motion to approve or deny SUP-2021-0 I includes a provision that the sidewalk fee-in-lieu amount shall be approved by the Town Engineer and paid prior to Certificate of Occupancy issuance. Discussion continued with suggested UDO edits pertaining to townhome projects. Commissioner Fiocco made a motion to approve, 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 Approved. NEW BUSINESS 1. Set Public Hearing for Chatham Park Development Agreement (formerly Consent Agenda Item #4) Mayor Nass opened the conversation pertaining to this item and defined his tem1s for ruling conversation in or out of order as it relates to the setting of this public hearing. Commissioner Bonitz expressed his concerns over moving forward with the Chatham Park Development Agreement prior to the adoption of all the documents that are included in the language of and subject to the Development Agreement, particularly the affordable housing additional element and the Small Area Plans. Commissioner Bonitz stated the Board should pause on the Development Agreement until the Town has all elements in place as required by the Master Plan. Commissioner Shipp asked if staff has the final version of the proposed Development Agreement. Town Manager Chris Kennedy advised that he and Town Attorney Paul Messick are working with Chatham Park Attorney Ken Eagle on updating the Development Agreement with a few benign cleanup items, specifically removing former statute references to 160A now that 160D becomes completely enforceable July 1, 2021 . Town Manager Kennedy stated that the language of the Development Agreement, not referring to attachments of the Development Agreement, have been largely unchanged since the initial draft in 2016. Commissioner Fiocco asked Town Manager Chris Kennedy if there was other language or terms in the Development Agreement that might be subject to change. Town Manager Chris Kennedy advised that he and Town Attorney Paul Messick have been working on this for many months now along with Mr. Ken Eagle with Chatham Park, and the team 5 is largely comfortable with the Development Agreement as currently drafted so he does not expect any substantial changes prior to the public hearing, but staff welcomes the Board ' s input for additional changes. Commissioner Bonitz advised the 2016 draft had a twenty (20) year timeframe and he believes that the Development Agreement still has a specific timeframe. Town Manager Chris Kennedy advised yes it still has the timeframe attached to the Development Agreement, which is now forty (40) years. Town Attorney Paul Messick stated his agreement with the Town Manager' s comments, reminded the Board about the Town adopting a policy for Development Agreements a few years ago and offered that the Development Agreement is ready for a public hearing and public comment, which is the next step. Commissioner Bonitz advised there is a need for an additional element for Affordable Housing prior to adopting the Development Agreement. Mayor Pro Tern Baldwin asked Town Manager Chris Kennedy and Town Attorney Paul Messick if the Development Agreement is ready for a public hearing. Town Attorney Paul Messick advised yes. Town Manager Chris Kennedy stated that the most recent draft of the Development Agreement will be posted this week for public review and that he and Town Attorney Paul Messick are comfortable with moving forward with the public hearing to allow the public to review and comment. Town Manager Kennedy offered that the Board could hold the public hearing and continue that public hearing until the Board is ready to vote. Commissioner Shipp stated that it is important to get to the point where the public can make comments on the Development Agreement. Commissioner Farrell agreed with Commissioner Shipp about proceeding with setting the Public Hearing for July 26, 2021. Commissioner Fiacco made a motion to set the Public Hearing for July 26, 2021, seconded by Commissioner Farrell. 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 Approved . 6  2. Set Public Hearing for REZ-2021-03 - Townsend Tract - Sanford Road (PARID 60774, 89720, 7413), Jamie S. Schwedler (formerly Consent Agenda Item #5) Mayor Nass opened the conversation and asked for discussion. Commissioner Bonitz asked Town Attorney Paul Messick about the Board's prerogative regarding very large developments in matters like this, especially in relation to Planned Use Development law . Town Attorney Paul Messick stated this development includes a General Use Rezoning and Special Use Permit request; the latter is quasi-judicial. Discussion ensured about procedure and the policies in place related to this request. Town Manager Chris Kennedy added that the legislative process is where the Board is creating policy, quasi-judicial is where are the Board is reaffirming policy. As a result , the factors or concerns mentioned can be discussed in the General Use Rezoning and will help establish the basis for the Special Use Permit. Commissioner Bonitz made a combined motion to set the Public Hearing for both REZ-2021-03 and SUP-2021-02 for July 26, 2021, 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 Approved. 3. Set Public Hearing for SUP-2021-02 Townsend Tract-Sanford Road (PARID 60774, 89720, 7413), Jamie S. Schwedler (formerly Consent Agenda Item #5) As listed in New Business #2 , Commissioner Bonitz made a combined motion to set the Public Hearing for both REZ-2021-03 and SUP-2021-02 for July 26 , 2021 , 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 7 Motion Approved. 4. Small Area Plan - Chatham Park North Village - Chatham Park Investors, LLC (formerly New Business Item #1) Planning Director offered a brief overview of the Small Area Plan process and the public comment period process . Chuck Smith, of Chatham Park Investors , LLC , and Robbie Oldham, of Withers Ravenel, provided a summary and history of the Small Area Plan requirement for Chatham Park. Mr. Smith stated that the proposed Small Area Plan for the North Village comprise 2,225 or the 7,068 master planned acres in Chatham Park. The North Village Small Area Plan includes eleven (11) of the twenty-seven (27) Sections approved in the Chatham Park Master Plan . Mr. Smith added that the master plan specifies that Small Area Plans for each of the twenty-seven (27) sections shall be submitted and approved prior to development, except that eight percent (8%) of the maximum number of residential units and fifteen (15%) of the maximum amount of non-residential square footage allowed under the Master Plan may be developed prior to the approval of a Small Area Plan. Mr. Smith walked the Board through each chapter of the Small Area Plan and discussed the features, suggestions, concepts, and requirements defined in each chapter for the Board's and the public ' s better understanding. Discussion ensued about the scale of the request, the concepts proposed, and the features of the Small Area Plan that are considered to be absolute regulation or policy versus guidance. Mayor Nass thanked Chuck Smith and Robbie Oldham for the presentation. MISCELLANEOUS 1. Town of Pittsboro Affordable Housing Draft Ordinance Town Manager Chris Kennedy provided an overview of the status of the Town ' s affordable housing incentive policy and thanked those who assisted in the crafting of the draft language. Town Manager Kennedy discussed the updates since the Board ' s last formal discussion of the proposed policy held at the April 26, 2021 Regular Meeting of the Board. Town Manager Kennedy stated purpose of the discussion tonight was to receive any feedback, comments, or suggestions from the Board thus far as a formal text amendment to the UDO is prepared. Mayor Nass reminded the group that the list Area Median Income (AMI) is skewed as Pittsboro is grouped with Chapel Hill and Durham in HUD data, elevating our AMI categories. Commissioner Shipp offered that as the Town considers variations to development standards when affordable housing is provided, that the Town might wish to consider discussing those variations earlier in the planning process so the development community and the Town can establish what standards apply and how they might be varied. Town Manager Chris Kennedy agreed. 8 Commissioner Fiocco requested that certain incentives be listed in the ordinance and be approvable by staff to limit the time burden on developers to move through the plan approval process, adding that developers appreciate reliability and predictability. Discussion ensued amongst staff and the Commissioners about the incentives offered in the draft policy and the mechanics of administration. Town Manager Chris Kennedy thanked the Board for their feedback and stated that will adjust the proposed language and that he will be targeting the set to for a UDO text amendment public hearing for the Board's August 9, 2021 Regular Meeting agenda. 2. Discussion Pertaining to the Reinstatement of Utility Bill Late Fees & Disconnects Town Manager Chris Kennedy discussed staff's desire to reinstate the Town ' s utility bill late fee and disconnection policy. Town Manager Kennedy stated that Governor Cooper' s COVID-19 prohibition of late fees and disconnections expired in July 2020, yet the Town has continued with this discontinuance of this ability. Town Manager Kennedy stated that staff realizes that many are still struggling to pay their bills, but the Town continues to offer payment plans to those who in need. However, as the Town's arrearage increases, the more concerning this issue becomes. Commissioner Bonitz advised that he was previously hesitant to reinstate this policy as he was unaware of how many of our customers were still unemployed due to COVID-19, however with the information provided by staff, the recent expansion of federal programs in support of COVID- 19 relief, and the like, he is now very comfortable with the reinstatement of the Town ' s the late fees and disconnection policy. Commissioner Bonitz made a motion to Reinstate the Utility Bill Late Fees and Disconnection Policy, 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 Approved. Final Board of Commissioner Comments & Adjournment Commissioner Farrell expressed concerns about "jake" brakes on large trucks and the applicability of our ordinances to address these noise concerns. Town Manager Chris Kennedy responded and stated that he and Chief of Police Shorty Johnson will research and prepare something for the Board ' s consideration to apply in the Town's corporate limits. 9 Commissioner Shipp, as a former Planning Board member himself, expressed his desire for the Planning Board to receive training from staff pertaining to procedure and other matters so they can better serve their purpose. Discussion ensued about the Planning Board training. Commissioner Bonitz expressed his gratitude and happiness regarding the Town's newest staff hires. Mayor Pro Tern Baldwin made a motion to Adjourn at 10:12pm, 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 Comrnissioiler Shipp: Aye Motion Approved. ~4.2 CindyS.PeMayor~ ATTEST : C,o_Jlbew<kA \A. '&JAoa. Cassandra M . Bullock, Town Clerk 10