1. Board of Commissioners (BOC)

TOWN OF PITTSBORO BOARD OF COMMISSIONERS FEBRUARY 13, 2023 REGULAR MEETING MINUTES PAGE 1 OF 5 TOWN OF PITTSBORO The Pittsboro Board of Commissioners met in Regular Session on Monday, February 13, 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 7:02pm. 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, Commissioners John Bonitz, Jay Farrell, Kyle Shipp, and James Vose. TOWN STAFF PRESENT: Interim Town Manager Larry Faison, Town Attorney Paul S. Messick, Chief of Police Shorty Johnson, Downtown Development Director Theresa Thompson , Public Information Officer/Emergency Management Coordinator Colby Sawyer, Planner II Janie Phelps, Director of Engineering Kent Jackson, Project Engineer Morgan DeWit, HR Director Jennifer Eakes, Payroll/HR Specialist Crystal Ours 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 Commissioner Shipp. Vote: Aye-5 Nay-0 Motion carried unanimously. CITIZEN MATTERS 1. Interim Manager Updates Interim Town Manager Larry Faison shared the posted position of Planning Director and recommends the new Town Manager to make the final decision if allowable. Finance Director, Heather Meacham, will begin budget reviews with Department heads at the end of the week which will be presented to the Board in early April. Director of Parks and Recreation, Katy Keller, was unable to attend tonight's meeting due to being at the Missouri Recreation Park Association Annual Conference as an invitational presenter, but shared remarked Ms. Keller provided to Mr. Faison regarding the skateboard park. Non-Profit established around 2006 to raise funds for a skatepark. Chatham County Schools gave the Town McClennahan Park site. There was a discussion at a school board meeting that the Town received the park because the Town was applying for a grant for said skatepark and the Town needed to own the property in order to proceed. However, the Town did not receive that grant. Meanwhile, this nonprofit skatepark was continuing to raise funds for this site. 1  TOWN OF PITTSBORO BOARD OF COMMISSIONERS FEBRUARY 13, 2023 REGULAR MEETING MINUTES PAGE 2 OF 5 The skatepark nonprofit spokesperson insists that the Town should assist with funding for this site and/or needs to complete the project. There is no evidence of the Town discussing this on any of the Town BOC meetings that has the Town committed to providing a skatepark. The Town has no contract or obligation within the deed or any MOU that states we are required to build the skatepark. There is no mention of a skatepark in the deed. The deed does state: It is understood and agreed by the parties that the premises are currently improved as tennis and basketball courts for public use, including use by students of the Chatham County Public Schools. Any future improvements to the premises by the Grantee shall also be for public recreational uses. As additional consideration for this conveyance, future improvements by the Town to the premises shall include construction of permanent public restroom facilities. It is further agreed that the students of the Chatham County Public Schools shall be entitled to the priority use of said public facilities during school hours in conformity with the usage policy of the Town. The Town shall install and provide a public water fountain on the premises on or before June 30, 2013 and an adequate, temporary restroom facility on or before December 31 , 2012. All public facilities on the premises shall be maintained by the Town in a safe and sanitary condition . If the Town provides new site amenities (ie: a skatepark) then the Town shall also be required to build permanent public bathrooms. Commissioner Bonitz wanted to clarify that staff have researched and did not find an MOU signed. Faison stated that was correct. Bonitz asked if there were any other record of commitment in the minutes. Faison stated no contract and no mention in minutes. Bonitz stated it was troubling that the School Board minutes expected to negotiate and execute an MOU and Bonitz has heard there was such an MOU and this may be a situation that our records fail us because Bonitz think records were lost between the 2014 and earlier era. Bonitz shared that because of prior negotiations that restroom facilities were required if any improvements were made and at a large expense if adding restrooms, water fountains and skatepark facilities. Commissioner Vose asked if there was a estimate of cost for bathrooms and water fountain improvements. Faison stated that he did not. Bonitz felt more information needs to be presented. Mayor Perry stated that information needs to be presented in attendance with the Director of Parks and Recreation and proposed it be set in the next Agenda with a request for MOU , plot plan or estimates of cost for improvements. 2. Mayor and Commissioner Updates and Concerns ~ayor and Board members gave updates on the committees and boards on which they serve. 3. Public Comment 1. Allen Wilson , 68 Mindees Lane , Pittsboro, NC 2. Emilio Massa, 244 Mindees Lanes, Pittsboro, NC 3. Anthony Sabbagh, 134 Dovetail Lane, Bear Creek, NC 2  TOWN OF PITTSBORO BOARD OF COMMISSIONERS FEBRUARY 13, 2023 REGULAR MEETING MINUTES PAGE 3 OF 5 4. Julie Boone Cummings, 2345 Eubanks Road, Pittsboro, NC 5. Kathie Russell, 261 Abeyance, Moncure, NC 6. Toby Turnbull, 2025 US 64 Business East, Pittsboro, NC CONSENT AGENDA Mayor Perry called for action on the Consent Agenda. The Consent Agenda contained the following items: 1. Minutes of August 8, 2022 Regular Meeting of the Board of Commissioners 2. Minutes of August 22, 2022 Regular Meeting of the Board of Commissioners 3. Minutes of October 10, 2022 Regular Meeting of the Board of Commissioners 4. Minutes of January 23, 2023 Special Meeting of the Board of Commissioners 5. Minutes of January 23, 2023 Regular Meeting of the Board of Commissioners 6. Minutes of February 6, 2023 Special Meeting of the Board of Commissioners 7. Amendment to Code of Ordinance Chapter 16-Motor Vehicles and Traffic 8. Acceptance of ARPA Grant Offer-Wastewater Master Plan 9. Town of Pittsboro Financial Reports by Month-August 2022 10. Town of Pittsboro Financial Reports by Month-September 2022 11 . Town of Pittsboro Financial Reports by Month-October 2022 12. Town of Pittsboro Financial Reports by Month-November 2022 13. Resolution Authorizing the Sale of Surplus Property Commissioner Shipp made a motion to approve the Consent Agenda, seconded by Commissioner Vose. Vote: Aye-5 Nay-0 Motion carried unanimously. PUBLIC HEARINGS 1. None. OLD BUSINESS 1. None. NEW BUSINESS 1. Sanford , Force Main Contract Update Engineering Director Kent Jackson, shared information on the Sanford Force Main Project, consisting of separate contracts for line and plant work. The low bid for the line contract was $39.6 million with alternates and closing costs to be $44 million and the low bid for the plant work was $15.5 million with alternates which would be added to the final amount. Bids were opened and included a ninety-day agreement period to hold pricing on materials which ended February 8, 2023 with an extension for the line work that will now expire March 10, 2023. The plant work contract did not receive an extension and is considered expired. 3  TOWN OF PITTSBORO BOARD OF COMMISSIONERS FEBRUARY 13, 2023 REGULAR MEETING MINUTES PAGE 4 OF 5 Jackson shared funding challenges and strategies while working with the Division of Water Infrastructure and Local Government Commission . If the funding award recently received and approved on February 21, 2023 by the State Water Infrastructure Authority, the total funding would increase to $37 million for the total plant project cost of $44 million. Commissioner Farrell asked to clarify that the Wastewater plant bid did not receive an extension therefore would we need to rebid? Jackson stated yes. Farrell asked if that has anything to do with the Force Main contract? Jackson stated no. Commissioner Shipp clarified that both parts were needed for the project to work. Farrell questioned if it would hold up the force main. Shipp stated no. Shipp commented the agreement from 2018 in the amount of 37.5% is the Town responsibility and 62.5% is Chatham Park responsibility but with the increased cost and increased loan instead of a grant becomes an issue of affordability and feels that it is critical to start the project. 2. Engagement of Legal Services with PoynerSpruill LLC for negotiation of an lnterlocal Agreement Town Attorney, Paul Messick shared Bob Hagemann with PoynerSpruill LLC has agreed to represent the Town regarding an lnterlocal Agreement. Commissioner Shipp made a motion to approve, seconded by Commissioner Bonitz. Vote: Aye-5 Nay-0 Motion carried unanimously. 3. Budget Amendment for Legal Counsel Services for lnterlocal Agreement Commissioner Bonitz made a motion to Approve the Amount and Amend the Budget Ordinance, seconded by Commissioner Farrell. Vote: Aye-5 Nay-0 Motion carried unanimously. MISCELLANEOUS 1. Report to the Board: Pittsboro ABC Quarterly Update ABC Board Chair, Hugh Harrington, presented the following updates to the Board. Revenue has increased 7.5% as of January 2023, distributions increased 4% for December 2022 and an overall increase of 9% for the year 2022. Mr. Harr"ngton introduced Mr. Scott Cox, new General Manager as of October 2022 and shared that overall performance has been going well, there is newly added 457 State Retirement Plan for employees, cleanup of store front, discussions for painting exterior, and double doors being added for efficient receiving of inventory are facility improvements at this time. Harrington stated discussions have begun for adding a second store. 2. Board of Commissioner Regular Meeting Facility Arrangements 4  TOWN OF PITTSBORO BOARD OF COMMISSIONERS FEBRUARY 13, 2023 REGULAR MEETING MINUTES PAGE 5 OF 5 Mayor Perry shared that she and Interim Town Manger Larry Faison met with Chatham County Manager, Dan LaMontagne, to discuss a non-profit rate request for Board of Commissioner meetings held at the Chatham County Agriculture and Conference Center or to use the Historic Courthouse for free with the possibility of cost associated for the audio-visual use. Discussion ensued with the preferences of AV limitations and quality of production at the Historic Courthouse. The majority of the Board felt the need to continue Board meetings in a hybrid format to include participants and members of the community, but preferred in person if possible. Further information needs to be gathered on the quality of AV equipment at the Historic Courthouse and requested Larry Faison, Colby Sawyer and Carrie Bailey to gather information and present to the Board later. CLOSED SESSION 1. None. FINAL COMMENTS Mayor Perry shared there is a Closed Session scheduled for Thursday February 16, 2023 to be held at 5pm in the Town of Pittsboro ANNEX office located at Main Street Station. ADJOURNMENT Commissioner Shipp made a motion to adjourn at 8: 28 pm, seconded by Commissioner Farrell. Vote: Aye-5 Nay-0 Motion passed unanimously. CindyS.Pry, Mayor ATTEST: ~/L)J. Carrie L, Bailey, Town Clerk ~ 5