1. Board of Commissioners (BOC)

TOWN OF PITTSBORO BOARD OF COMMISSIONERS OCTOBER 11, 2021 REGULAR MEETING MINUTES PAGE 1 OF 9 TOWN OF PITTSBORO The Pittsboro Board of Commissioners met in Regular Session on Monday, October 11, 2021 at 7:00pm by electronic means via Zoom with Mayor Jim Nass presiding. The meeting was called to order at 7:06pm. Mayor Nass requested a moment of silence with the recitation of the Pledge of Allegiance following led by Commissioner Farrell. ELECTED TOWN OFFICIALS PRESENT {Virtual): Mayor James Nass, Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Commissioner Jay Farrell, Commissioner Kyle Shipp, and Commissioner Michael Fiocco. TOWN 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 & Recreation Planner Katy Keller, Project Engineer Morgan DeWitt and Engineering Director Kent Jackson. AGENDA ADJUSTMENTS/APPROVAL OF AGENDA Mayor Nass called for a motion to either approve the agenda as proposed or a motion to modify the agenda. The Board of Commissioners discussed the agenda items and scheduling a public hearing for the Chatham Park Development Affordable Housing Element. The consensus of the Board of Commissioners was to move item number three, Chatham Park Affordable Housing Element, under Old Business to the consent agenda and set a public hearing for October 25, 2021. Commissioner Shipp made a motion to approve the agenda with the recommend change, seconded by Commissioner Farrell. Vote: Aye-5 Nay-0 Motion carried unanimously. MANAGER UPDATES Town Manager Kennedy expressed that he was happy to have Mayor Nass at the meeting. Mayor Pro Tern Baldwin did a great job at the meeting last month. Town Manager Kennedy updated the Board of Commissioners on the following • Street Fair is October 30 and have about sixty vendors. • Addition on the agenda is the new legislative updates item from the Planning Department. MAYOR UPDATES Mayor Nass stated he would like to move the Main Street Pittsboro Quarterly before Board of Commissioners Evaluation of the Main Street Pittsboro Memorandum of Understanding on the agenda under New Business. The Board of Commissioners had no objections. • Mayor and Board members gave updates on the committees and boards on which they serve. PUBLIC COMMENT Jessica Merricks, 126 Evergreen Drive, Pittsboro I will hold my comments about affordable housing until the public hearing. I wanted to express my gratitude to Chris Kennedy for speaking at the congressional hearing last week concerning water quality. I had one concern about the PFAS resolution concerning the language in section one. It seems to imply that the Town Attorney needs to assess the viability of such legal claims, we were under the understanding that the  TOWN OF PITTSBORO BOARD OF COMMISSIONERS OCTOBER 11, 2021 REGULAR MEETING MINUTES PAGE 3 OF 9 Commissioner Fiocco asked if Code Red was used on the most recent incident. Town Manager Kennedy confirmed that around 4,500 emails and text messages were sent out and stated if anyone is not signed up with Code Red, to please do so. Our software system lets the town send out robo calls. CONSENT AGENDA Mayor Nass asked for a motion to either approve or amended the Consent Agenda, which included the following: 1. Town of Pittsboro Financial Report by Month-July 2021 2. Town of Pittsboro Financial Report by Month-August 2021 3. Minutes of the May 10, 2021 Regular Meeting of the Board of Commissioners. 4. Minutes of the July 20, 2021 Special Meeting of the Board of Commissioners. 5. Minutes of the July 26, 2021 Regular Meeting of the Board of Commissioners. 6. Minutes of the August 18, 2021 Regular Meeting of the Board of Commissioners. 7. Sewer Allocation - SAR-2021-08 - Request for 960 GPD for Two (2) Single-Family Dwellings and One ( 1) Accessory Dwelling - 95 and 113 Davie Street. 8. Set Public Hearing for SUP-2021-03 Mellott Tract - 1108 Russet Run (PARID 7146, 75037), 15- 501 East LLC. 9. Set Public Hearing for A-2021-04 Mellott Tract - 1108 Russet Run (PARID 7146, 75037), 15-501 East LLC. 10. Legislation Tracking & Policy Updates for the Board of Commissioners 11. Resolution by the Town of Pittsboro Directing to the Town Attorney to Evaluate the Viability of Legal Claims for PFAS and Potential Cost Recovery. 12. Board of Commissioners Future Agenda Item "Look Ahead" Tentative Schedule Commissioner Fiocco made a motion to approve the consent agenda as presented, seconded by Commissioner Farrell. Vote: Aye-5 Nay-0 Motion carried unanimously. NEW BUSINESS ) 1. Duke Energy Report to the Board on Pittsboro System Reliability Indira Everett, Director of the East Region with Duke Energy updated the Board of Commissioners on the Pittsboro electric system reliability. Everett stated that the following Duke Energy Representatives would give updates: Mark Spivey - Outage History Overview, Micah Retzlaff - New Transmission Substation Plan, and Rodney Hutcherson - Reliability Improvement Efforts. Mark Spivey shareti an Outage History Overview. Spivey shared graphs that included the Pittsboro substation outages and feeder outages. Spivey stated that the number one issue for outages is vegetation. Some of the outages have been because of equipment failure, including transformers and lines. Other outages are caused by animals. Some outages are planned for the safety of our employees to make repairs. Spivey itemized actions that have been taken to mitigate the outages, including, trimming twenty targeted locations in 2020, installation of longer cross-arms for greater spacing, and rebuilding of the current substation. Micah Retzlaff shared the new Transmission Substation Plan. Retzlaff stated that Duke Energy customers in Pittsboro and surrounding areas of eastern Chatham County are primarily served by the Pittsboro 230kV substation. The increased reliability to the distribution system and additional capacity for future customers will be accomplished with the construction of the Pittsboro Hanks Chapel substation. Duke Energy will construct a high-reliability substation on seventeen acres owned by Duke Energy. The substation will be  TOWN OF PITTSBORO BOARD OF COMMISSIONERS OCTOBER 11, 2021 REGULAR MEETING MINUTES PAGE 5 OF 9 community goal of public art. Completed the community goal of public gathering spaces in the welcome center courtyard with a mural and tables with umbrellas for the community to enjoy. Completed several marketing promotions with local businesses including Chatham News and Record supplement, La Voz, Chatham County Line, articles in Chatham News, WCHL radio ads, digital ads, and social media. Completed community goal of focused events featuring local musical artist by hosting arts in the park in Page Vernon Park in August and September. Under the economic vitality goal work is continuing with the virtual map, the community house and welcome center. Parker-Lewis shared a list of the Board of Directors. The board has formed a sub-committee to review the bylaws and submit recommendations for amendments, with the first areas to review being Article IV: Board of Directors, Section 2, Term and Term Limits and Article V: Officers. Mayor Nass thanked Parker-Lewis for her presentation. 3. Board of Commissioners Evaluation of the Main Street Pittsboro Memorandum of Understanding Commissioner Shipp shared his support for the program and praise received from both the businesses and the public. He feels now is the time for the Town to increase the support to Main Street Pittsboro. The Town is in a better position than it was in 2018, this year we budgeted for a Public Information Officer, Grant Writer, Planner, and Planning Project Manager. We need to create a downtown advisory committee that is appointed by the Board of Commissioners and directly supported by town staff. We need to continue to budget the necessary funds to support the Main Street district and its businesses and residents. I feel it's important to separate the Chatham County/Pittsboro Welcome Center from the Town's Main Street program. Based on the Main Street budget, the town has spent $70,000 on the upfit, operations, and staffing of the welcome center. There was $8,900 for the administration of the nonprofit and those numbers are compared to $43,000 in other Main Street related expenses. With this transition, the Town could have more taxpayer funds going to the Main Street program without having to invest more funds. I think the Welcome Center can be a good thing for Pittsboro, but I think the center should be supported though other groups in Chatham County and Pittsboro instead of being completely supported by the Town. Shipp expressed his appreciation to Maria and Greg Lewis for taking the time to speak with him. Starting now, we would have ample time to transition by next fiscal year. Shipp stated he really appreciated the amount of time the volunteers put into Main Street and hopes that will continue. Commissioner Shipp made a motion to not approve the Memorandum of Understanding for Main Street Pittsboro at the end of the fiscal year and form a Downtown Advisory Committee with dedicated staff support that will work closely with Main Street Pittsboro over the next eight months to fully transition the Main Street Program back into the Town and operate it moving forward, seconded by Commissioner Farrell. Commissioner Fiocco stated that the program was with in the town early on and it worked well but did not bring the vitaliiy that this group of volunteers have brought. Fiocw questioned whether staff had the time to work on the program. He feels there is a benefit to having the volunteer organization. He feels it was a very good move going from Town staff to the volunteers. Covid has put a big damper on the efforts that we were making with the program, but the event part of this program the volunteers put on very well. Fiocco does not think this is a good time to bring it back into the town. Fiocco stated that he would not support the motion. Mayor Pro Tern Baldwin asked Town Manager Kennedy, if the board brings the Main Street program back into the Town, is there ample staff to handle the program. Town Manager Kennedy stated once the Town excides the 5,000 in population, the Town would have to provide part time staff or a downtown planner to stay in the program. With the additions in staff, we do have staff to administer this program.  TOWN OF PITTSBORO BOARD OF COMMISSIONERS OCTOBER 11, 2021 REGULAR MEETING MINUTES PAGE 7 OF 9 Thompson shared the following documents: summary of corrections and revIsIons provided by the applicant, draft Resolution for Approval, and the North Village Small Area Plan - Revision date September 20, 2021. Commissioner Farrell asked for an update on the Bynum Beach Road. Applicant Chuck Smith stated that over the last five years, Chatham Park has received questions about the road and whether we will connect to that road. This is not really an issue covered by the small area plan and it would be address when we turn in subdivision plans up in that area. Since this is a state road on our property, we have a right to use it and the Town's Unified Development Ordinance requires you to connect to this type of road for safety reasons. Smith acknowledged that the connection would be up to the Town Board when the subdivision plan is submitted. Commissioner Farrell asked Town Planner Thompson is all the Town questions have been answered. Thompson stated she would confirm with Parks and Recreation, but she confirmed. Commissioner Farrell made a motion to approve the Small Area Plan- Chatham Park North Village, seconded by Commissioner Fiocco. Commissioner Fiocco stated that they were going to add a sentence that proposed use of a lower pressure system is subject to Town approval. Commissioner Shipp shared a few discrepancies in the document in table 9.3. Mr. Chuck Smith shared that the table was to help the Town plan and was not binding to commitments and the tables were to provide a balance of amenities based on other communities with similar population from guidance of National Parks and Recreation Association. Commissioner Bonitz asked if Chatham Park had heard from Mr. Brooks. Mr. Smith shared that Consultant Paul Webb did meet with Mr. Brooks and had a lot to contribute with knowledge and history. Commissioner Bonitz asked Thompson if the questions from Parks and Recreation had been resolved. Thompson confirmed that they had, and Keller is on the call as well. Keller confirmed that the questions had been answered. Commissioner Bonitz stated that he had concerns about the dotted row across the Schwankl land for a greenway. They do not want a greenway on their land and hopes that it can be removed from this document. Town Manager Kennedy asked the Board if that is a mistake because when the town looks at plans, we do not look at what individual property owners want, we look at the broad public good approach. The town would have to work with the property owners if the town wanted to build that greenway someday. Commissioner Shipp felt that this document should match the pedestrian plan. Commissioner Fiocco agreed that it should be the same as the pedestrian plan. Commissioner Bonitz stated that he was trying to honor the concerns of the Northwood Development and that a neighborhood could be divided without the landowner's permission. The Schwankl family does not agree with it, and it appears in the document. Commissioner Bonitz suggested an annual update on Chatham Park Investors progress in parks deployment, com,isting of acres dedicated, proposed; ~planned and in progress in relation to the house CO's. Kennedy stated that a better tracking system is in the works. Ken Eagle, Attorney Chatham Park Investors shared an item that is proposed in the development agreement that a summary of park land dedicated to the Town by the developer and summary of park facilities constructed or under constructed by the developer for periodic review by the Town Manager. Commissioner Bonitz questioned the expansion of Chatham Park wastewater to one million MGD and was clarified by Chuck Smith that the Chatham Park wastewater treatment plant is currently approved for 499,000 MGD and will expand to one million as development requires. Vote: Aye-5 Nay-0 Motion carried unanimously.  TOWN OF PITTSBORO BOARD OF COMMISSIONERS OCTOBER 11, 2021 REGULAR MEETING MINUTES PAGE 9 OF 9 Kennedy stated that the PIO and Purchasing Manage/Analyst position and currently working on the Project Manager, Planner 11, HR Director and Grants Administrator postings and will have posted within a few days. Bonitz thanks Kennedy for his willingness to submit the FEMA BRIC fund letter. ADJOURNMENT With no further business, Mayor Nass called for a motion to adjourn. Commissioner Fiocco made a motion to adjourn at 10:33pm, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 Motion carried unanimously. AZ,~~ Carrie L. Bailey, Town Clerk ~