1. Board of Commissioners (BOC)

MINUTES TOWN OF PITTSBORO BOARD OF COMMISSIONERS REGULAR MEETING MONDAY, SEPTEMBER 13, 2021 7:00 PM Members Present (Virtual): Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Commissioner Jay Farrell, Commissioner Kyle Shipp, and Commissioner Michael Fiocco. Member Absent: Mayor James Nass Staff Present (Virtual): Town Manager Chris Kennedy, Town Attorney Paul S. Messick, Chief of Police Shorty Johnson, Town Clerk Cassandra Bullock, Senior Planner Victoria Bailiff, Parks Planner Katy Keller, Project Engineer Morgan De Wit, Director of Engineering Kent Jackson. Call to Order - Mayor Pro Tern Baldwin Mayor Pro Tern Baldwin called the meeting to order at 7:00pm. Invocation / Moment of Silence Mayor Pro Tern Baldwin asked for a moment of silence. Pledge of Allegiance Pledge of Allegiance was led by Commissioner Farrell. Resolution in Remembrance of the 20 th Anniversary of 9/11 Mayor Pro Tern Baldwin read the resolution into the record. Adoption of the Agenda Commissioner Fiocco made a motion to approve the Regular Agenda, seconded by Commissioner Shipp. Vote: Aye-4 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: NIA Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. UPDATES & COMMISSIONER CONCERNS 1. Manager Updates Town Manager Chris Kennedy extended his thoughts and prayers to Mayor Nass as he was absent from the meeting with a medical emergency. Town Manager Kennedy stated that Planning Director Theresa Thompson would also be absent with her feeling under the weather. Town Manager Kennedy stated that the agenda was amended to add a closed session to the end of the meeting. Town Manager Kennedy announced that despite the prevalence of the COVID-19 delta variant, the Town was still planning to hold the annual Pittsboro Street Fair on October 30, 2021 and noted that vendor applications were due by September 30, 2021. 2. Mayor Updates None. 3. Commissioner Updates Mayor Pro Tern Baldwin discussed the reissuance of an indoor mask mandate order and offered that she and Mayor Nass were in support of a new mask mandate. Town Manager Chris Kennedy and Town Attorney Paul Messick discussed how a mask mandate would be reissued with the guidance being that the Town could use the existing State of Emergency ordinance that was adopted and declared in April 2020, which provides the ability for the Mayor to issue a Proclamation with the tem1s of a mask mandate. Commissioner Farrell and Commissioner Shipp advised they were not in favor of reissuing the mask mandate due to the likely problems of enforceability. Commissioner F iocco encouraged all to wear a mask to prevent the spread of COVID-19 but stated that he would not support a mask mandate due to enforceability. Commissioner Bonitz spoke in favor of the mask mandate. Discussion ensued but no formal action was taken. ■ Boys & Girls Club Commissioner Shipp advised the official opening date for the Boys & Girls club with children was set for October 18, 2021, and that registration would begin on Wednesday, September 22, 2021 and would continue each Wednesday until the opening date. ■ Chatham County Arts Council ■ Chatham County Affordable Housing Advisory Committee (AHAC) ■ Chatham County Economic Development Corporation (EDC) ■ Climate Change 2  ■ Downtown ■ Fairground Association ■ Main Street Pittsboro (MSPBO) Commissioner Fiocco advised that the Yoga Garden mural was complete. ■ Parks and Recreation Advisory Board (PARAB) Commissioner Fiocco advised that the Main Street Pittsboro Design Subcommittee attended the latest PARAB meeting, along with Parks Planner Katy Keller and Town Manager Chris Kennedy, at the future Lewis Freeman Park to discuss the next steps in the implementation of that park project with the $100,000 budgeted for this fiscal year for park improvements. ■ Pittsboro Business Association (PBA) ■ Triangle Area Rural Planning Organization (TARPO) ■ Triangle J Council of Governments (TJCOG) ■ Other CITIZEN MATTERS 1. Public Comment ■ Daniel Ayers, of 42 Millbrook Drive, Pittsboro, NC, spoke on Pittsboro's drinking water quality. ■ Carol Hewitt, of 424 Johnny Burke Road, Pittsboro, NC, spoke in favor of the Main Street Pittsboro program and the work of the Pittsboro Business Association (PBA). ■ Mark Pavao, of 421 Haven Road, Pittsboro, NC, discussed his continued concerns with regard to the routing location of Chatham Park Way North and its placement in and around the North Woods neighborhood and provided an update of his recent efforts with this project. ■ Kevin Russell, of21 Randolph Court, Pittsboro, NC, spoke about upstream industrial polluters and their effect on Pittsboro's drinking water. ■ Grimm Hobbs, of 159 W. Salisbury Street, Pittsboro, NC, spoke in favor of the Main Street Pittsboro program. ■ Kirk Bradley, of 603 Carthage Street, Suite 120, Sanford, NC, spoke in favor of the Main Street Pittsboro program. ■ Lexie Wolf, of 184 E. Salisbury Street, Pittsboro, NC, spoke in favor of the Main Street Pittsboro program. ■ Diana Dalsimer, of 60 Haven Road, Pittsboro, NC, discussed her concerns regarding the planned buffer between the North Woods neighborhood and the proposed Mellott Tract development directly adjacent to her neighborhood. Ms. Dalsimer requested a buffer that retains existing trees and vegetation. ■ Barber Holmes, of 300 Davis Love Drive, Chapel Hill, NC, spoke in favor of the Main Street Pittsboro program. ■ Steve Carr, 433 W. Salisbury Street, Pittsboro, NC, spoke in favor of the Main Street Pittsboro program. ■ Stevie Parks, of 31 Sweet Meadow Lane, Pittsboro, NC, spoke on Pittsboro's drinking water quality. Ms. Parks also spoke in favor of reinstituting a Town-wide mask mandate. ■ Bill Hartley, of 75 W. Salisbury Street, Pittsboro, NC, spoke in favor of the Main Street Pittsboro program. ■ Cindy Edwards, of 440 W. Salisbury Street, Pittsboro, NC, thanked the Board for their Resolution of Sympathy in honor of her late husband Mr. Tommy Edwards. Ms. Edwards also spoke in favor of the Main Street Pittsboro program. 3 CONSENT AGENDA 1. Minutes of the April 12, 2021 Regular Meeting of the Board of Commissioners 2. Set Public Hearing for REZ-2021-06 3DFS 3. Town of Pittsboro Anti-Discrimination Ordinance 4. Budget Amendment for Fee Schedule Amendment to Add a Fee for a 12" Fire Suppression Meter 5. Budget Amendments for FY 2020-2021 Carryover Projects to FY 2021-2022 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, seconded by Commissioner Shipp. Commissioner Farrell questioned Town Manager Chris Kennedy about the status of Hearne Road waterline project as we consider these other budget amendments. Town Manager Kennedy responded that funding for the project is remains set aside in a Capital Project Fund, so it does not need to be reallocated each fiscal year. Town Manager Kennedy stated that the waterline project was being reviewed to better understand how the service laterals were funded, by either the Town or the homeowners being served. Town Manager Kennedy further stated that other utility priorities have created a delay in this particular project but that the project continued to be on the to-do list. Vote: Aye-4 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: N/A Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. OLD BUSINESS 1. Small Area Plan - Chatham Park North Village - Chatham Park Investors, LLC Town Manager Chris Kennedy provided an overview of the Chatham Park North Village Small Area Plan request and the process towards approval performed to date. Town Manager Kennedy asked Chuck Smith with Chatham Park Investors to present any responses to the recent written comments provided by the Town to Chatham Park Investors. 4 Chuck Smith with Chatham Park Investors reviewed the adjustments Chatham Park Investors made in response to the written comments and feedback provided by the Town and others by reviewing the North Village Small Area Plan document chapter by chapter. Discussion ensued between the Board, staff and Chatham Park Investors about the comments and the responses proposed. Commissioner Bonitz requested guidance about buffering and Tree Coverage Area. Chuck Smith discussed how the buffering is applied in and out of the Planned Development District. Robbie Oldham with Withers Ravenel, and on behalf of Chatham Park Investors, reviewed the proposed timbering language within the document. Project Engineer Morgan DeWit advised the proposed timbering language in the North Village Small Area Plan is consistent with State and Federal regulations. Chuck Smith discussed the process for amending a Small Area Plan for better clarity of the process in case an amendment to a Small Area Plan is requested in the future. Mr. Smith discussed the process for amending upon Chatham Park Investors acting as the requestor, the Town acting as the requestor, and amendments that are insignificant adjustments. Town Manager Chris Kennedy agreed with Chuck Smith's outline for amending a Small Area Plan and stated that staff will be conservative with any amendments and allow the Board to approve an amendment if there is any perceived controversy with that proposed amendment. Town Manager Kennedy discussed that even minor amendments will likely include an alert to the Board on the Consent Agenda so that the Board and the public is aware of an amendment being approved at the staff level. Chuck Smith discussed parkland dedication and the inclusion, and reasoning for the inclusion, of the proposed sports complex that is outside of the North Village but included with this Small Area Plan request. Discussion ensued about the accelerated parkland dedication process and the proposed sports complex in the South Village as part of this North Village Small Area Plan request. Commissioner Fiacco asked if the adoption of a Small Area Plan does not amend or override the Master Plan or any of the approved additional elements, specifically does the adoption waive the requirement for utilities to be provided to the parkland site. Town Manager Kennedy stated that staff understands that the adoption of a Small Area Plan does not waive, lessen, or relieve the developer of the requirements of the Master Plan and the additional elements. Chuck Smith stated his agreement to staff's understanding. 5 Chuck Smith discussed transportation concepts and stated that once the Small Area Plan is adopted, Chatham Park Investors will commence with a revision to the Town's thoroughfare plan. Chuck Smith discussed the detail surrounding the Southwest Shore Conservation Assessment and the reduction and limitation of stream crossings in the North Village. Chuck Smith then discussed the road cross sections and the application of pedestrian and bicycle improvements with these road cross sections and alignments. Discussion ensued about the road cross sections and road alignments, including a conversation about the alignment of Chatham Park Way North and transit stops. Commissioner Fiocco requested more information about the low-pressure sewer systems and how grinder pumps operate. Town Manager Kennedy discussed the maintenance responsibility and the operational characteristics of a low-pressure sewer system. Robbie Oldham with Withers Ravenel and Bryan Blake with McKim and Creed, both on behalf of Chatham Park Investors, responded with detail about how low-pressure sewer systems work. Chuck Smith discussed the hourglass park and the developer's desire to use this as parkland. In response to Mayor Pro Tern Baldwin's comments about the Southwest Shore Conservation Assessment, Chuck Smith outlined how the developer is complying or addressing the assessment. Discussion ensued about the language in the document around the historical structure and sites in Chatham Park. Commissioner Bonitz recommended that Chatham Park speak with former Town Commissioner Gene Brooks to discover or learn about additional historical insights. Chuck Smith discussed public facilities and specifically the school system's student enrollment projections. Commissioner Shipp asked that the student enrollment projections be reconsidered as the projections do not appear to be accurate or reasonable. Town Manager Kennedy discussed the next steps in the process for review and ultimate approval of the North Village Small Area Plan. Town Manager Kennedy requested input from the Board about their desire for approval of this document and what else the Board may need to consider adoption of the North Village Small Area Plan. Commissioner Fiocco requested more time to review staff and Chatham Park's responses to the Board's comments on the Small Area Plan. The Board of Commissioners requested a full set of responses to the Board's written comments prior to any further consideration of adoption. 6 Prior to moving to the Public Hearings section of the Agenda, the Board decided to take a 5-minute break. Commissioner Fiocco made a motion to take a 5-minute break, seconded by Commissioner Bonitz. Vote: Aye-4 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: NIA Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. PUBLIC HEARINGS 1. Chatham Park Development Agreement Commissioner Fiocco made a motion to reopen the Public Hearing, seconded by Commissioner Shipp. Vote: Aye-4 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: NIA Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. Town Manager Chris Kennedy provided an overview of the Chatham Park Development Agreement and the requirements of a development agreement as defined in NCGS 160D-Article 10. Town Manager Kennedy stated that the proposed Development Agreement will apply to the entirety of the Chatham Park Planned Deveiopment District or Chatham Park POD, and not just to the area defined in the Chatham Park North Village. Mac McCarley with Parker Poe, representing his client Chatham Park Investors, requested that the Board re-open the public hearing to hear from the public and then close the public hearing this evening. Mr. McCarley stated that he and Chatham Park attorney Mr. Ken Eagle will continue to work with staff and the Town Attorney on any comments from the public provided this evening in addition to any other comments from staff or the Board. Mr. McCarley stated after the public hearing he and staff can make any changes to the agreement to provide the Board with a clean final version after all comments are incorporated for the Board to consider for approval. 7 Commissioner Fiacco made a motion to close the Public Hearing, seconded by Commissioner Farrell. Commissioner Bonitz requested that the duration of the Development Agreement be capped at 15 years and only apply to the North Village of Chatham Park. Commissioner Farrell stated that he would prefer fewer years than the 40 originally proposed and would find 15 years as Commissioner Bonitz proposed is an improvement, but stated he was not sure how many years for the duration of the agreement is acceptable. Mac Mccarley stated his preference for more than 15 years due to the scale of the development. Commissioner Bonitz reiterated his desire for the Affordable Housing Additional Element to be approved prior to approval of the Development Agreement. Commissioner Bonitz asked if the Development Agreement or the other approval documents for Chatham Park do not contemplate a development standard then the Town's UDO prevails. Mac McCarley stated that was correct. Vote: Aye-3 Nay-1 Mayor Nass: NIA Mayor Pro Tern Baldwin: NIA Commissioner Bonitz: Nay Commissioner Farrell: Aye Commissioner Fiacco: Aye Commissioner Shipp: Aye Motion Passed. 2. Special Use Permit - SUP-2021-02 Townsend Tract - Sanford Road (PARID 60774, 89720, 7413), Jamie S. Schwedler Commissioner Fiacco made a motion to reopen the Public Hearing for SUP-2021-02, seconded by Commissioner Shipp. Vote: Aye-4 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: NIA Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiacco: Aye Commissioner Shipp: Aye Motion Passed. 8 Town Manager Chris Kennedy provided a brief background of the request and stated the vast majority of the testimony for this application was submitted at the Regular Meeting of the Board on August 9, 2021. Town Manager Kennedy stated that the petitioner Jamie S. Schwedler has updated portions of their application in response to the comments provided by the Board provided earlier in this public hearing. Town Manager Kennedy offered that staff finds that the petitioner has addressed the comments from the Board and that the Board could close the public hearing, if the Board desires, and forward the application to the October Planning Board for their review. Jamie Schwedler with Parker Poe, and representing the landowner CPF, LLC, provided a PowerPoint presentation. Ms. Schwedler's PowerPoint was entered into the record as Exhibit #7. Ms. Schwedler provided updates and responses to off-site sidewalks, setback clarifications, street tree spacing, additional stormwater conditions, the multi-use trail at the amenity center, building setbacks from major roads, and perimeter buffer requirements. Cindy Crabtree, of 285 International Woodyard Drive, Pittsboro, NC, spoke in opposition of the application stating that there was no resolution in the property line dispute and requested that the property owners for CPF, LLC speak to her about this issue. Ms. Crabtree contended that the Board should not approve of the Rezoning application until the property line dispute was resolved. Jamie Schwedler responded to Cindy Crabtree' s comments stated that the claims were not applicable to this Special Use Permit public hearing. Discussion ensued about the relevancy of this property line dispute to the Special Use Permit application SUP-2021-02. Town Attorney Paul Messick advised the Board that the property line dispute offered by Cindy Crabtree was not relevant in the consideration of the Special Use Permit. Town Manager Kennedy discussed the schedule for the Rezoning and the associated Special Use Permit application, SUP-2021-02. Commissioner Fiocco made a motion to close the Public Hearing for SUP-2021-02 and to send to the Planning Board for review, seconded by Commissioner Shipp. Vote: Aye-4 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: NIA Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. 9  3. Text Amendment- ZTA-2021-04- Parking Lot List Series #1 Town Manager Chris Kennedy stated that since Planning Director Theresa Thompson was not able to attend this meeting this evening, and that since this is her case file, he found it best for the Board to continue this public hearing for ZTA-2021-04 to the Board's September 27, 2021 Regular Meeting. Commissioner Fiocco made a motion to reopen the Public Hearing for ZTA-2021-04 and continue it to September 27, 2021, seconded by Commissioner Bonitz. Vote: Aye-4 Nay-0 Mayor Nass: N/A Mayor Pro Tern Baldwin: N/A Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiacco: Aye Commissioner Shipp: Aye Motion Passed. NEW BUSINESS 1. None. MISCELLANEOUS 1. Town of Pittsboro Affordable Housing Draft Ordinance for Future ZTA-2021-05 Without a staff presentation and after a brief conversation, the Board decided to go ahead and set the public hearing for the Town's affordable housing ordinance. Commissioner Fiocco made a motion to set a Public Hearing for ZT A-2021-05 for September 27, 2021, seconded by Commissioner Shipp. Vote: Aye-4 Nay-0 Mayor Nass: N/A Mayor Pro Tern Baldwin: N/A Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiacco: Aye Commissioner Shipp: Aye Motion Passed. CLOSED SESSION The Board of Commissioners wish to hold a Closed Session pursuant to N.C.G.S. § 143-318.11. (a)(3). Commissioner Shipp made a motion to go into Closed Session, seconded by Commissioner Fiocco. Vote: Aye-4 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: NIA Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. Commissioner Fiocco made a motion to come out of Closed Session, seconded by Commissioner Shipp. Vote: Aye-4 Nay-0 Mayor Nass: NIA Mayor Pro Tern Baldwin: NIA Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. Final Board of Commissioner Comments & Adjournment Commissioner Shipp provided an update from the Chatham County Affordable Housing committee mentioning the completion of a 48-unit development with new resident moving in soon as well as the committee accepting other funding applications currently for other projects. Commissioner Shipp expressed his pleasure with the recent paving of the Robeson Creek Greenway and stated that it looked amazing. Commission Fiacco advised that he received a very nice text from NCDOT Division Engineer Brandon Jones about the recently completed traffic circle project in downtown. Commissioner Fiacco made a motion to adjourn at 12:41am, seconded by Commissioner Shipp. 11 Vote: Aye-4 Nay-0 Mayor Nass: N/A Mayor Pro Tern Baldwin: N/A Commissioner Bonitz: Aye Commissioner Farrell: Aye Commissioner Fiocco: Aye Commissioner Shipp: Aye Motion Passed. 12