1. Board of Commissioners (BOC)

TOWN OF PITTSBORO BOARD OF COMMISSIONERS JANUARY 23, 2023 REGULAR MEETING MINUTES PAGE 1 OF 5 TOWN OF PITTSBORO The Pittsboro Board of Commissioners met in Regular Session on Monday, January 23, 2023, at 7:00pm in the meeting room at the Chatham County Agriculture and Conference Center with Mayor Cindy Perry presiding. The meeting was called to order at 7:04 pm. Mayor Perry requested a moment of silence with the recitation of the Pledge of Allegiance following led by Commissioner Farrell. ELECTED TOWN OFFICIALS PRESENT: Mayor Cindy S. Perry, Mayor Pro Tern Pamela Baldwin, Commissioner John Bonitz, Jay Farrell, Kyle Shipp, and James Vose. TOWN STAFF PRESENT: Interim Town Manager Hazen Blodgett, Town Attorney Paul S. Messick, Chief of Police Shorty Johnson, Finance Director Heather Meacham, HR Director Jennifer Eakes, Project Planner Molly Boyle, Downtown Development Director Theresa Thompson, Public Information Officer/Emergency Management Coordinator Colby Sawyer, Director of Parks and Recreation Katy Keller, Planner II Janie Phelps, Director of Engineering Kent Jackson, Project Engineer Morgan DeWit and Town Clerk Carrie Bailey. ADOPTION OF THE AGENDA Mayor Perry called for a motion to either approve or modify the agenda as proposed. Commissioner Farrell made a motion to approve the Regular Agenda, seconded by Mayor Pro Tem Baldwin. Vote: Aye-5 Nay-0 Motion carried unanimously. Mayor Perry presented the Resolution for Year of the Trails 2023 Commissioner Shipp made a motion to adopt the Resolution to recognize the Resolution for Year of the Trails 2023, seconded by Commissioner Vose. Vote: Aye-5 Nay-0 Motion carried unanimously. Mayor Perry presents the Resolution Recognizing Black History Month. Mayor Pro Tem Baldwin made a motion to accept the Resolution recognizing Black History Month, seconded by Commissioner Vose. Vote: Aye-5 Nay-0 Motion carried unanimously. CITIZEN MATTERS 1. Interim Manager Updates Interim Town Manager Blodgett shared it was his last Board of Commissioners meeting. 1  TOWN OF PITTSBORO BOARD OF COMMISSIONERS JANUARY 23, 2023.REGULAR MEETING MINUTES PAGE 2 OF 5 2. Mayor and Commissioner Updates and Concerns Mayor and Board members gave updates on the committees and boards on which they serve. 3. Public Comment Jason Hoyle, 840 Moncure Pittsboro Road, Moncure, NC CONSENT AGENDA Mayor Perry called for action on the Consent Agenda . The Consent Agenda contained the following items: 1. Minutes of December 7, 2022 Special Meeting of the Board of Commissioners 2. Minutes of January 9, 2023 Regular Meeting of the Board of Commissioners 3. Minutes of January 11, 2023 Special Meeting of the Board of Commissioners 4. Financial Performance Indicators of Concern (FPIC) 5. Resolution of the Downtown Advisory Board 6. Pittsboro Downtown Advisory Board Quarterly Report Mayor Pro Tem Baldwin made a motion to approve the Consent Agenda, seconded by Commissioner Vose. Vote: Aye-5 Nay-0 Motion carried unanimously. PUBLIC HEARINGS 1. None. MISCELLANEOUS 1. Report to the Board: Sharpe and Patel Audit Review Finance Director Heather Meacham shared an update that the Audit was approved by LGC on Friday January 21, 2023. Jay Sharpe, Sharpe and Patel LLC, presented the Audit results for year ending June 2022. Mr. Sharpe shared the timing of the Audit was not on track this year but should not have issues in the future and overall, no findings and healthy status. 2. Pittsboro Social District Downtown Development Director, Theresa Thompson, provided the staff report for this item. Mayor Pro Tern Baldwin asked for a general overview of Social Districts. Commissioner Vose asked to share findings of similar municipalities with Social Districts in place. 2  TOWN OF PITTSBORO BOARD OF COMMISSIONERS JANUARY 23, 2023 REGULAR MEETING MINUTES PAGE 3 OF 5 Thompson stated the Downtown Advisory Board would present a recommendation in the future. OLD BUSINESS 1. Land Use Plan Update Planner II, Janie Phelps, provided the staff report for this item. Phelps shared there is an extension due to receiving Partners for Green Growth Grant. Steering committee will meet and will then share draft plan in April. Commissioner Shipp reminded Phelps that regular updates should occur after plan is approved. 2. CP Commerce Center Annexation A-2022-02 Project Planner, Molly Boyle, provided the staff report for this item. Annexation area was decreased slightly to only include the portion for Chatham Park Commerce Center. Commissioner Shipp made a motion to the annexation, seconded by Commissioner Vose. Vote: Aye- 5 Nay-0 Motion carried unanimously. 3. System Development Fee Update Report Director of Engineering, Kent Jackson, provided the staff report for this item. Brian Jann and Chris Belk, Freese & Nichols, Inc., shared an overview of the System Development Fee (SDF) and its calculation under North Carolina General Statute Chapter 162A, Article 8. Statute states that SDF requires and update every 5 years, requires 25% credit minimum, only utilized capacity amount can be used, and the cost per gallon x gallons per Service Unit (SU). Commissioner Bonitz made a motion to begin the public review process for forty-five days, post the document and go ahead to slate the public hearing and also ask our Attorney to present options to address the questions and issues of equity, seconded by Commissioner Vose. Vote: Aye- 5 Nay-0 Motion carried unanimously. 4. Board of Adjustments Recommendations Planner II, Janie Phelps, provided the staff report for this item. Phelps shared Chatham County Board will review appointments for ETJ on Feb. 20, 2023. Commissioner Bonitz made a motion that we add to our Board Of Adjustments, Gary Simpson as In Town Representative, Yera Martinez as Alternate In Town, and that we add Dr. Jennifer Platt as an Alternate ETJ Representative, seconded by Commissioner Shipp. Vote: Aye- 5 Nay-0 Motion carried unanimously. 3  TOWN OF PITTSBORO BOARD OF COMMISSIONERS JANUARY 23, 2023 REGULAR MEETING MINUTES PAGE 4 OF 5 NEW BUSINESS 1. Waiver Request for Turkey Creek Assemblage Conditional Rezoning REZ-2022-03 Planner II, Janie Phelps, provided the staff report on this item. Laura Holloman, The McAdams Company, spoke of revisions made since previous June 13, 2022 application. Jeremy Medlin, Greenhawk, shared there was an increase of 33% in commercial retail space than before, an 8% increase in residential and feels this is significant to meet the requirement of materially different from the prior application. Commissioner Shipp made a motion to deny the waiver, seconded by Commissioner Bonitz. Vote: Aye- 5 Nay-0 Motion carried unanimously. 2. Planning Board Appointments Planner II, Janie Phelps, shared the need to update the Planning Board vacancies. Commissioner Shipp made a motion to re-appoint Eric Braun, Town regular member for a 3 year term, Karl Shaffer, Town regular member for a 2 year term, and William Baker, ETJ regular member for a two year term, appoint Ray Carney from an alternate to a Town regular member for a 2 year term, and Charity Mize from an alternate to an ETJ regular member for the remainder of the existing term, with the ETJ's being recommendations to the County Board, seconded by Commissioner Vose. Vote: Aye-5 Nay-0 Motion carried unanimously. Janie Phelps made a correction to the memo submitted that William Baker should be a 3 year term for the recommendation, not two years. Commissioner Shipp agreed to the amendment. 3. PFAS Litigation Town Attorney, Paul Messick, made the recommendation to proceed with the lawsuit against potential defendants of PFAS contamination in the Haw River and recover damages the Town has sustained. Commissioner Bonitz made a motion to proceed with the litigation as our Attorney described, seconded by Commissioner Vose. , Vote: Aye-5 Nay-0 Motion carried unanimously. Commissioner Benitz made a formal request to add the topic of skateboard topic on the next agenda. Commissioner Bonitz made a motion to enter Closed Session pursuant to N.C.G.S. § 143- 318.11. (a)(3) to consult with Town Attorney, seconded by Commissioner Vose. 4  TOWN OF PITTSBORO BOARD OF COMMISSIONERS JANUARY 23, 2023 REGULAR MEETING MINUTES PAGE 5 OF 5 Vote: Aye-5 Nay-0 Motion carried unanimously. CLOSED SESSION 1. The Board of Commissioners wish to hold a Closed Session pursuant to N.C.G.S. § 143-318.11. (a)(3). Commissioner Bonitz made a motion to resume Regular Session, seconded by Commissioner Vose. Vote: Aye-5 Nay-0 Motion carried unanimously. Mayor Pro Tem Baldwin made a motion to amend the agenda to provide for an agreement to the hiring of Larry Faison as Interim Town Manager pursuant to a contract mostly drawn by Paul Messick, seconded by Commissioner Vose. Vote: Aye-5 Nay-0 Motion carried unanimously. Mayor Pro Tem Baldwin made a motion that we have Larry Faison hired as Interim Town Manager starting February 1, 2023, pursuant to contract arrangements provided by Mayor and Town Attorney, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 Motion carried unanimously. FINAL BOARD COMMENTS ADJOURNMENT Commissioner Shipp made a motion to adjourn at 10:04pm, seconded by Commissioner Vose. Vote: Aye-5 Nay-0 Motion passed unanimously. ATTEST: 5