1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, AUGUST 23, 2021 7:00PM 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, Town Clerk Cassandra Bullock, Planning Director Theresa Thompson, Senior Planner Victoria Bailiff, and Parks Planner Katy Keller. 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: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye Commissioner Farrell: Aye Commis~ioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed.  1. Manager Updates Town Manager Chris Kennedy advised that the Board of Commissioners meeting minutes are admittedly further behind than we would like, and that staff was striving to try to get those available for adoption as soon as possible. Town Manager Kennedy discussed that the progress of the NCDOT downtown traffic circle project and stated that the project was nearing completion in the next couple of weeks, well ahead of the October 30, 2021 contract deadline for completion, and advised the Board and the public of upcoming traffic closures Commissioner Fiocco asked about the decorative traffic lights around the traffic circle and the timeline for installation. Town Manager Kennedy advised that the installation will not occur until after NCDOT's road project work by Carolina Sunrock is completed and that the lighting install will be handled by Duke Energy consultant Pike Engineering. 2. Mayor Updates Mayor Nass advised the public that he and the Board desired to take the necessary steps to reduce the number of late Board meetings like that of two weeks ago. 3. Commissioner Updates • Boys & Girls Club Commissioner Shipp advised that the Pittsboro Boys & Girls Club hired the director for the Club, Mr. Traci Newby, and that he started last week. • Chatham County Arts Council • Chatham County Affordable Housing Advisory Committee (AHAC) • Chatham County Economic Development Corporation (EDC) Commissioner Fiocco advised that the EDC is seeing a tremendous amount of activity in the county and anticipated that the county is on the verge of big things on the economic development front. • Climate Change • Downtown • Fairground Association • Main Street Pittsboro (MSPBO) Commissioner Fiocco advised the Yoga Garden mural remained in progress and mentioned that the Main Street Pittsboro Design Subcommittee intended to attend the next PARAB meeting to discuss the improvements to Lewis Freeman Park. • Parks and Recreation Advisory Board (PARAB) • Pittsboro Business Association (PBA) • Triangle Area Rural Planning Organization (TARPO) Commis,sioner Fiocco mentioned that he attended the most recent TARPO meeting and stated his happiness that Planning Director Theresa Thompson (who is TARPO RTCC Chair) is involved in that organization. Commissioner Fiocco added that CMAQ funding anticipates to have more funds available this year and that the Town should consider this funding source for additional sidewalk projects. • Triangle J Council of Governments (TJCOG) • Other 2 CITIZEN MATTERS 1. Public Comment Mark Pavao, of 421 Haven Road, Pittsboro, NC, provided comment on the proposed Chatham Park Way North alignment and expressed concerns over the relation of this alignment to the Northwoods neighborhood. Gina Cox, of 325 Country Routt Brown Road, Pittsboro, NC, provided comment on the proposed Chatham Park Way North alignment and expressed concerns over the relation of this alignment to her home in the Northwoods neighborhood. Tammy Ertl, of 406 Country Routt Brown Road, Pittsboro, NC, provided comment on the proposed Chatham Park Way North alignment and expressed concerns over the relation of this alignment to the Northwoods neighborhood. Diana Dalsimer, of 60 Haven Road, Pittsboro, NC, provided comment on the proposed Chatham Park Way North alignment and expressed concerns over the relation of this alignment to the Northwoods neighborhood. Ducka Kelly, of735 Russet Run, Pittsboro, NC, provided comment on the proposed Chatham Park Way North alignment and expressed concerns over the relation of this alignment to the Northwoods neighborhood. CONSENT AGENDA 1. Minutes of the April 12, 2021 Regular Meeting of the Board of Commissioners 2. Minutes of the April 17, 2021 Special Meeting of the Board of Commissioners 3. Minutes of the April 26, 2021 Regular Meeting of the Board of Commissioners 4. Minutes of the May 3, 2021 Special Meeting of the Board of Commissioners 5. Budget Amendment for IT Server and Other Miscellaneous IT Asset Upgrades 6. Board of Commissioners Future Agenda Item "Look Ahead" Tentative Schedule End of Consent Agenda. Commissioner Fiocco made a motion to approve the Consent Agenda with the modification to remove Consent Agenda Items 1, 2 and 3 (the Minutes for the April 12, 2021, April 17, 2021, and April 26, 2021 Regular Meetings of the Board of Commissioners) to the September 13, 2021 Regular Meeting of the Board for consideration, 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 3 Motion Passed. MISCELLANEOUS #1 1. NCDOT Presentation for Chatham Park Way North Design Alternatives NCDOT Division 8 Engineer Patrick Norman presented to the Board regarding the alternative selection for Chatham Park Way North. Commissioner Farrell asked NCDOT if any of the engineers with NCDOT have discussed this project with any of the homeowners in the Northwoods neighborhood. Patrick Norman confirmed likely everyone on the call this evening had been involved the homeowners within the Northwoods neighborhood at public meetings and such. Teresa Gresham, with Kimley-Horn, provided a PowerPoint presentation and reviewed the route selection process and how NCDOT and its consultants arrived at this current route decision. Discussion ensued about the decision-making involved with the alignment choice and the environmental impacts amongst the Board and NCDOT. NCDOT stated that the current alignment was selected by NCDOT using the Town's currently adopted plans that identified this as a preferred route for this roadway. Commissioner Fiocco asked about a routing alignment in between the two streams shown on the map, that form a horseshoe-like shape. Patrick Norman stated that NCDOT has not evaluated that routing as it was deemed inconsistent with the Town's adopted plans to date. Commissioner Farrell agreed with Commissioner Fiocco about studying an eighth alternative, referred to as the horseshoe route, and discussed how the route might tie back into the existing route. Commissioner Farrell advised that he would be pushing for NCDOT to put this on Chatham Park's property. Commissioner Bonitz echoed Commissioner Farrell's comments. Mayor Pro Tern Baldwin questioned NCDOT's reliance on previously adopted Town plans and asked NCDOT for a review of a new route, the horseshoe route. Mayor Nass echoed the comments in support of a new route alternative. Patrick Norman stated that NCDOT would be happy to review a new route alternative and asked that the Town send a request to do so. Mayor Nass advised that the Town will send a request to NCDOT to review an alternative route. 4 Town Manager Chris Kennedy clarified the request for better understanding of the Town's request to NCDOT. Patrick Norman with NCDOT agreed with the scope of the clarification. Commissioner Shipp asked NCDOT for guidance about what Town plans are relevant to them so that we can better plan for large roadways in the future to reduce future impacts. Commissioner Bonitz added that he supported the change to any necessary planning documents to better support this alignment alternative request. Mayor Nass thanked NCDOT and their representatives for their presentation and time this evening. OLD BUSINESS 1. Small Area Plan - Chatham Park North Village - Chatham Park Investors, LLC Planning Director Theresa Thompson presented the staff report for the Chatham Park North Village Small Area Plan. Ms. Thompson stated that the North Village Small Area Plan included approximately 2,225 acres and eleven (11) of the twenty-seven (27) Sections. Ms. Thompson stated that the Planning Board reviewed the North Village Small Area Plan at their May 3 and June 7, 2021 Regular Meetings and recommended approval with a vote of 6-0. Commissioner Fiocco requested a mechanism to ensure that items identified in the Chatham Park Master Plan are executed, regardless of maintenante responsibility, particularly NCDOT' s coordination. Mayor Nass asked that the North Village Small Area Plan tie into the Development Agreement and the Chatham Park Master Plan. Discussion ensued about roadway improvements and design and about how the Board can relay questions to staff or Chatham Park Investors. Town Manager Chris Kennedy and Planning Director Theresa Thompson advised that staff will be able to provide written responses to written Board comments by the next Board meeting. Commissioner Fiocco stated that staff responses by the next meeting would be great. Commissioner Bonitz expressed a concern that affordable housing is absent from the North Village Small Area Plan as currently presented. Commissioner Bonitz offered a rhetorical question that any assignee or successor might construe as prior approval and that he would elaborate further in writing. Discussion ensued about stormwater devices within the proposed roadway improvements. Discussion of next steps and how to process Board comments on the North Village Small Area Plan ensued. 5 Chuck Smith, of Preston Development and on behalf of Chatham Park Investors, clarified that the North Village Small Area Plan is not simply a conceptual document. Mr. Smith added that chapters 1-7 of the Small Area Plan include commitments to be in concert with the Master Plan and the Additional Elements. Chapters 8 and 9 are to be used as planning tools and aids. Discussion ensued about the terms consistent and conceptual. Discussion then ensued about the hourglass park proposed in the North Village Small Area Plan and the application of the Additional Elements with this proposed park. Chatham Park Investors offered to provide anything the Board may need to facilitate their understanding of the North Village Small Area Plan. Public Comment: Liz Cullington, of 390 Rocky Hills Road, Pittsboro, NC, expressed her concerns about the Small Area Plan and asked that the Board consider the allowances written into the document and asked that the Board look at the appropriateness of park locations and the demand for new parks. Ms. Cullington added that the Small Area Plan was not consistent with the PUD zoning for Chatham Park and that the Board should have special meetings to facilitate the conversation for this North Village Small Area Plan. Elaine Chiosso, of 143 Bynum Church Road, Pittsboro, NC, and on behalf of Haw River Assembly, stated that the North Village Small Area Plan needs more environmental protection and elaborated on this concern. Debbie Tunnell, of 282 Moore Mountain Road, Pittsboro, NC, expressed her concerns about the Small Area Plan and the impact of this development on the environment. Ms. Tunnell requested a full environmental impact be conducted and report provided to the Town. End of Public Comment. Planning Director Theresa Thompson discussed her understanding of the documents purpose. Town Manager Chris Kennedy asked about next steps and what else that the Board would like to have prior to the next Board meeting and asked about a deadline for Commissioner comments to staff on the Small Area Plan. Commissioner Bonitz advised that he could have his written comments to staff by September 13, 2021. Commissioner Shipp advised that he could have his written comments to staff by August 27, 2021. , Town Manager Chris Kennedy advised that staff and Chatham Park will show a reconciliation of any comments in an addendum or display any direct amendment to the language of the North Village Small Area Plan in redline form. 6 Commissioner Bonitz stated that he would appreciate a workshop to further discuss the details of the North Village Small Area Plan. Discussion ensued about the purpose and timing of a Special Session of the Board for a workshop on the North Village Small Area Plan. Mayor Nass encouraged the Board to provide written comment to the staff as soon as possible to facilitate any future meeting, be that during our Regular Meetings or a Special Session of the Board. No further discussion was had nor was any vote taken by the Board. 2. Annexation - A-2021-03 Corbett Landing (fka Rexford Landing) - Old Graham Road (PARID 6580, 69515)-The Rexford Group, Ltd. Town Manager Chris Kennedy provided a brief overview of the annexation request and offered to answer any questions from the Board pertaining to this request by The Rexford Group, Ltd. Commissioner Fiocco made a motion to approve the application, seconded by Commissioner Shipp. 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. 3. Annexation - A-2021-02 Northwood MUPD - US Highway 15-501 (PARID 72825), ECO Northwood MUPD, LLC Town Manager Chris Kennedy provided a brief overview of the annexation request and offered to answer any questions from the Board pertaining to this request by ECO Northwood MUPD, LLC. Commissioner Fiocco made a motion to approve the application, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Benitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye 7 Commissioner Shipp: Aye Motion Passed. Given the lateness of the hour, Mayor Nass asked the Board if they would be okay with repositioning the items remaining on the agenda to facilitate the most requests as possible. With no objection, the Board decided to move the New Business portion of the agenda ahead of the Public Hearings section. NEW BUSINESS 1. Preliminary Plat - SUB-2021-02 - Northwood MUPD Phase 2 Senior Planner Victoria Bailiff provided an overview of the staff report for Northwood MUPD Phase 2. Ms. Bailiff stated that the request was for approval of the Preliminary Plat as the petitioner, ECO Northwood MUPD, LLC, was requesting to subdivide 34.78 acres into eight (8) lots. Ms. Bailiff stated the request includes two deviation requests: 1. Moving lot 9 into phase 2 instead of phase 1; and, 2. That previously titled "Fanning Drive" be changed to "Landing Boulevard". Commissioner Fiocco asked if E-911 had approved of the road name change. Senior Planner Victoria Bailiff stated yes, that was correct. Commissioner Fiocco made a motion to approve requested changes 1 and 2 under SUB-2021-02 Northwood MUPD Phase 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 Commissioner Shipp: Aye Motion Passed. Commissioner Fiocco made a motion to approve the Preliminary Plat, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye 8 Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. PUBLIC HEARINGS Commissioner Shipp made a motion to move Public Hearing #2 to Public Hearing #1 and open the Public Hearing for REZ-2021-04, 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. 1. Rezoning- REZ-2021-04- 879 & 881 Hillsboro Street - R-10 to O-I (PARID 6622), David Mang (formerly Public Hearings #2) The Board proceeded forward with public comment without presentation from staff or the applicant. Public Comment: Liz Cullington, of 390 Rocky Hills Road, Pittsboro, NC, stated that the proposed future use is consistent with the requested, intended use by the applicant and spoke against the rezoning application. End of Public Comment. Senior Planner Victoria Bailiff presented the staff report to the Board and provided a general overview of the request. Staff recommended that the Board hold the public hearing and direct this item to the Planning Board for their review at the September 8, 2021 Regular Meeting of Planning Board. Mayor P,ro Tern Pamela Baldwin spoke in opposition of this request as the property currently provided affordable housing for the community and due to the fact that the area has been historically residential. Senior Planner Victoria Bailiff mentioned that neighbor Alice Lloyd provided comments against this request. 9 Commissioner Shipp agreed with Mayor Pro Tern Baldwin and asked about the application's listed adjacent properties. Senior Planner Victoria Bailiff stated that staff sends out the adjacent property listing and ensured that all required notices were mailed to the adjacent properties. Commissioner Farrell echoed Mayor Pro Tern Baldwin's comments on the rezoning. Commissioner Shipp made a motion close the Public Hearing for REZ-2021-04 and send it to Planning Board for review, 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. 2. Chatham Park Development Agreement (formerly Public Hearings #1) The Board proceeded forward with motions to open the public hearing and to continue the public hearing without presentation from staff, the applicant or entertaining any public comment. Commissioner Fiocco made a motion to open the Public Hearing for the Chatham Park Development Agreement, 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 continue the Public Hearing for the Chatham Park Development Agreement to the September 13, 2021 Regular Meeting of the Board of Commissioners, 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. 3. Text Amendment-ZTA-2021-04-Parking Lot List Series #1 The Board proceeded forward with motions to open the public hearing and to continue the public hearing without presentation from staff, the applicant or entertaining any public comment. Commissioner Bonitz made a motion to open Public Hearing for ZTA-2021-04, 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. Commissioner Bonitz made a motion to continue the Public Hearing for ZTA-2021-04 to the September 13, 2021 Regular Meeting of the Board of Commissioners, 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. MISCEl,LANEOUS #2 1. Main Street Pittsboro Annual Financial Report - July 1, 2020 - June 30, 2021 Main Street Pittsboro board member Michael Whitman, who serves as the interim treasurer for Main Street Pittsboro, presented the annual financial report to the Board. 11 Commissioner Shipp asked if the presentation is redacted. Michael Whitman responded that yes, he chose to redact superfluous information for the report to focus on the pertinent infonnation for this specific presentation. Commissioner Shipp requested clarification about the rollover amount. Michael Whitman responded that the carryover amount equaled $51,743.44 for the year ending June 30, 2021. Mayor Nass thanked Mr. Whitman for the presentation. 2. Town of Pittsboro Affordable Housing Draft Ordinance for Future ZTA-2021-05 Mayor Pro Tern Baldwin requested that we table this item until the September 13, 2021 Regular Meeting of the Board of Commissioners. Commissioner Fiocco agreed with the delay and thanked Town Manager Chris Kennedy for the draft so far and stated that the current draft is clearly guided by the advice of the Affordable Housing Task Force recommendation. Commissioner Shipp offered his appreciation for the formatting improvements. Town Manager Chris Kennedy requested additional written comments from the Board and the public in advance of the September 13, 2021 Regular Meeting. Final Board of Commissioner Comments & Adjournment Commissioner Shipp stated that he likes the new public hearing notice signs and requested that the signs face traffic and not the roadway. Town Manager Chris Kennedy alerted the Board to a substantial water break in Chatham Forest occurring at the moment. Commissioner Fiocco advised staff of strobing or flickering streetlight, near Lowes Hardware, along the east side of Hillsboro Street. Mayor Pro Tern Baldwin would like to have work sessions, as needed, to cut down on our meetings running so late. Town Manager Chris Kennedys offered strategies for reducing meeting length and advised that he would b~ sending an email to the Board with additional strategies. Commissioner Fiocco made a motion to adjourn at 10:43pm, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 12  Mayor Nass: NIA Mayor Pro Tern Baldwin: Aye Commissioner Bonitz: Aye i~ioner Farrell: Aye . • ·oner Fiocco: Aye ~C~plinis .~er Shipp: Aye //. ··~ ;;;,.··· , ~··p ,~!/ ., TI' as· ~'-- ,,:. .·-<.._ ,••~:~--:) ''' I •; ~ Jf Cassandra M. Bullock, Town Clerk 13