Pittsboro board to get legal help with DEQ permits

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PITTSBORO — The Pittsboro Board of Commissioners voted on Monday to contract with Nexsen Pruet, a Raleigh-based law firm that has a department that specializes in government affairs, to help expedite the permits from the N.C. Dept. of Environmental Quality for the town’s forcemain and wastewater line to Sanford project.

The town has been trying secure the required permits to construct a forcemain and wastewater line to Sanford since 2016. The town’s current wastewater plant is near capacity and without the expansion project, future growth would be greatly impacted.

The town has been “experiencing delays in obtaining necessary permits,” according to Interim Town Manager Bob Morgan. The town began discussions with Chatham Park, the 8,000-acre development in Pittsboro, to find options. Chatham Park agreed to identify an appropriate firm to assist and finance the work to the tune of $15,000.

Commissioner John Bonitz raised concerns about the firm saying, “I believe the town could do better” and that the board should “consider other options.”

Bonitz raised concerns about one of the attorneys listed on the contract agreement — John Skvarla who served for two years as Secretary of the N.C. Dept. of Environmental Quality and two years as Secretary of the N.C. Dept. of Commerce before joining Nexsen Pruet. Bonitz called Skvarla’s time at N.C. DEQ as “rocky” and said his personality was “polarizing.”

He instead suggested the town consider using the firm Brooks Pierce, also based in Raleigh, where Bill Ross, who was another former Secretary of DEQ when it was called the N.C. Dept. of Environment and Natural Resources is a principle attorney. He suggested Chatham Park Investors “might agree” to reimburse the town for that firm instead as they had “used them in the past.”

Commissioner Michael Fiocco noted that the lead attorney for Nexsen Pruet was Alexander Sands, who was “second in command of rule making for DENR” during his tenure in the N.C. Senate and was “well respected in state government.” He noted that Chatham Park had agreed to reimburse the town for Nexsen Pruet’s services and wasn’t sure if they would do so for another firm. Morgan responded that Chatham Park had only agreed to pay for Nexsen Pruet, not another firm.

Bonitz said he had “wanted to pause and have further conversations” about what firm the town should choose.”

“If we keep dragging our feet it’s going to get later and later,” Commissioner Jay Farrell said.

Commissioner Kyle Shipp admitted he didn’t “know personalities involved,” but didn’t believe that Chatham Park or the town was interested in making things worse.

“We’re in this same boat together and I think they would be interested in getting us down the stream,” Shipp said.

Even with that sentiment, Shipp and Bonitz each voted against the contract, with Fiocco, Farrell and Pro-Tem Pamela Baldwin voting in favor of the agreement. Following, Bonitz made a motion to request Skvarla not participate in the work on behalf of the town. That motion failed by a vote of 4-1.

Casey Mann can be reached at CaseyMann@Chathamnr.com.