TOWN OF CRAMERION BOARD OF COMMISSIONERS NELSON WILLS, MAYOR SUSAN NEELEY, MAYOR PRO-TEMPORE  CRA  COMMISSIONER HOUSTON HELMS - COMMISSIONER RICHARD ATKINSON COMMISSIONER KATHY RAMSEY : COMMISSIONER SCOTT KINCAID  BOARD OF COMMISSIONERS MEETING THURSDAY, January 20, 2022 @ 6:00 PM G.M. MICHAEL COMMISSION CHAMBER CRAMERTON TOWN HALL  *Note 1: Due to the on COVID-19 variants, the following is protocol for the public entering Town of e All members of the public, especially those who are unvaccinated, are highly recommended (but **Note 2: Information for the public to listen via Zoom to this BOC meeting will be posted via the Cramerton "sunshine" email; the Cramerton Facebook Page, the Town Website www.cramerton.org)  Cramerton indoor facilities:  not required) to wear a mask while in indoor Town Facilities. and on the door of Cramerton Town Hall (155 N. Main St.).  AGENDA  1. Call to Order and Determination of Quorum. 2. Invocation and Pledge of Allegiance. 3. Adoption of Agenda for this meeting. 4. Public Comment (In-person and electronic)  Anyone may speak on any issue. Ifyou want to speak at a public hearing, please wait until the public hearing has been opened on that particular item. Before speaking, please state your name & address. Please limit comments to 3 minutes.  5.F Presentation  a. Introduction of New Cramerton Police Officers  b. Predevelopment Meeting  - Hunter Dawkins with Johnson Development regarding a rezoning request for mini storage at the corner of Wilkinson Blvd. and Peach  Orchard.  C. Cramer Mountain Road Pedestrian Trail (VCM Side)  i. *Initial concept presentation by Planning Director Josh Watkins and Parks & Recreation Director Eric Smallwood *Note: All information and materials will be presented at the meeting.  6. Consent Agenda (Action Item): Consider approval of the consent agenda. Note: Ifany item requires further discussion, it should be removed from consent and placed  appropriately on the agenda. a. Minutes  i. January 6, 2022 meeting minutes. (pages 4 to 12)  1    7. Agenda Items NOT Requiring a Public Hearing  a. Public Works  - Downtown Stormwater/ Parking/ Event Space Project 1. Action Item: Direct staff to release the necessary bid documents to comply with American Rescue Plan (ARP) Act funds for the project. (pages 13to 15)  b. Planning & Zoning  i. Cramerton Code of Ordinances: Junkl Abandon Car and Nuisances 1. Action Item: Consider adopting the updated language to Abandoned and Junked Car Ordinance, specifically Chapter 92 of the Town Code (recommended update language documented is included in this agenda packet). (pages 16 to  28)  ii. Survey of Cramerton Downtown  1. Action Item: Resolution #2022-03. Aresolution exempting Carolina Surveying from G.S. 143-64.21 (Mini-Brooks Act) in relation to the surveying services for the Cramerton Downtown 2. Action Item: Approval of the professional surveying services contract with Carolina Surveying regarding Downtown Cramerton parcels owned by the Town. (pages 30to 31)  area. (page 29)  C. - Fire Department d. Parks and Recreation  i. Update and review of Cramerton FD coverage model. (page 32)  - CRAMR Center (pages 33 to 39)  1. Action Item: Consider approval of a Facilities Grant Agreement to the Catawba Riverkeeper Foundation for the CRAMR Center, located on Center Street in Cramerton.  8. BIG BOARD (pages 40 to 43) 9. Manager's Report (pages 44 to 49) 10. General Staff Reports (as needed) Update from Two Rivers Utilities  Additional updatel reports from Department Heads (if needed) 11. Topics of Discussion for Each Commissioners  12. Adjournment  Upcoming BOC Meetings  Saturday, January 22, 2022 @ 8:30am - 12noon, Goals and Objectives  Thursday, February 3, 2022 @ 6pm Thursday, February 17, 2022 @ 6pm  2  2    Rules for"electronic public comments" for Cramerton BOC Meetings  The Board will hear public comment att the beginning of this meeting. Please email your comments to oCawastae. on or before Thursday, January 20th at 4:30pm. - Please include your name and address and your comment will be read into the record at the Comments submitted anonymously will not be read into the record and limited to three minutes. 7 The Board will allocate no more than (20 minutes) per meeting to the reading of submitted Public  appropriate time.  Comment.  ( Comments are to be directed tot the entire board as a whole and not individuals. Comments are expected to be civil and within reasonable standards of courtesy.  Comments that include vulgarity, slander, name calling, personal attacks or threats will not be All comments will be maintained as a public record and included in the minutes oft the meeting.  read into the record.  3  3    STATE OF NORTH CAROLINA COUNTY OF GASTON TOWN OF CRAMERTON January 6, 2022  The Board of Commissioners for the Town of Cramerton met on Thursday, January 6, 2022, at Call to Order and Determination of Quorum. Mayor Wills called the meeting to order. Members Present: Mayor Wills, Mayor Pro Tempore Neeley, Commissioner Kincaid, Commissioner Atkinson, Commissioner Helms, and Commissioner Ramsey. Staff Present: David Pugh, Town Manager; Attorney Wolter (via Zoom); Brad Adams, Police Chief; Josh Watkins, Planning and Zoning Director; and Wilene Cunningham, Town Clerk. Call to Order and Determination of Quorum: Mayor Wills called the meeting to order at 6:00 Invocation and Pledge of Allegiance. Mayor Pro Tempore Neeley provided the invocation and Adoption of Agenda for this meeting. Commissioner Kincaid asked that the presentation for the pre-development meetings for Redhawk Phases 2 and 3 potèntial zoning amendments and the presentation by the Isaac's Group be changed in the order they are listed on the proposed agenda. The Town Manager asked that the agenda be amended to add the appointment of officers as proposed by the Parks and Recreation Advisory Board. A motion was made by Commissioner Helms to approve the amended agenda. Themotion was seconded by Commissioner Kincaid. The  6:00 p.m., at the Community Center.  p.m. and determined there was a quorum. the pledge ofallegiance was given by all.  vote was 5 too 0i in favor.  Public Comment: No one signed up to speak at the meeting or via email.  Proclamation:  i. Aproclamation tol honor the lifeofMartin Luther King,Jr. and recognize Martin Luther King, Jr. Day on January 17,2022. A signed copy oft the proclamation will be placed  ini the minutes book. Mayor Wills read the proclamation.  Presentations:  a. Pre-development meetings  i. The Isaac's Group - South New Hope Road Townhomes potential development. Chris Bosco and Benji Layman with Crescent Resources/Fielding Homes, LLC presented information to the Board regarding a townhome project to be located on New Hope Road. This project is 37.97 acres and would allow for four to six units per acre for an approximate total of 186 units. The future NCDOT plan would include limited left-hand turns. A traffici impact analysis will be required. The site  Town ofC Cramerton- January 6,2 2022- Pagel 1  4    would contain pocket parks and al large amount of open spaçe. Forty percent oft the site would be saved for trees and nature areas. There will be some type ofa amenity building or recreation center. Commissioner Atkinson asked about the area that was marked as a dead end near the lake area and ifit could be made into a cul-de- sac. Mr. Bosco advised this area is currently being considered for overflow parking but he will check into that as a possibility. Units will be constructed of brick and stone with no vinyl siding. Townhome prices will be in the: range of $320,000.00 to $375,000.00. Discussion was held about the sewer system. Commissioner Helms asked about Two Rivers Utilities' position regarding gravity feed or force maini flowi intoi the pumpstation on Armstrong Ford Road. Mr. Bosco stated al basin study has been completed and a gravity line will be installed at the back of the subdivision until Two Rivers Utilities completes the sewer improvements in that area. Once Two Rivers Utilities completes their improvements, then the gravity line will be removed during phase two. Mr. Bosco stated they are working with Two Rivers Utilities in negotiations on low pressure or pump station as there are questions about the right-of-way. Commissioner Atkinson asked where was the sewer connection would be located. Mr. Bosco said the connection would be located in front of South New Hope Road down Armstrong Ford Road to the receiving manhole to the sewer line improvement. Work is being discussed with NCDOT regarding sewer line improvements ini the road right-of-way. Two Rivers Utilities sewer: improvements should be completed in 2023. Commissioner Helms stated he liked the idea of the proposed development but had concerns with the partnership with Two Rivers Utilities. Commissioner Kincaid asked when the project might begin. Mr. Bosco said it would be at least a year. Kyle Butler with Two Rivers Utilities (via Zoom) stated the main issue is the gravity line being installed down South New Hope Road to serve a different basin and that is the reason for the force main and Two Rivers Utilities is not looking for additional feed from a different gravity line. No action was taken by the Board. Recommendation was to have the developer to partner with Two Rivers Utilities regarding an agreement before returning back to the Board. Attorney Wolter stated Board ii. Redhawk (previously) MTLand) Phases 2 and 3 potential zoning amendments. Paul Tryon with IL Housing Solutions presented information to the Board regarding the development of the MT Land Project. The conditional zoning for the 479 acres remains the same. Some minor changes have occurred to reduce impact on the streams. A zoning change was requested for a small area that would require the change from residential into commercial. This proposed change would reduce impacts to streams by approximately ninety percent and increase open space by forty percent. A village core would be created with townhomes immediately adjacent to retail, amenity center, and public places. This would shift residential away from sensitive environmental areas. Commissioner Helms stated hel has some concerns about the removal oft trees and also silt filling in the river and: streams. He wants the developer to be sensitive to the river as an asset. There are also concerns about the traffic as there are several other developments being constructed in this area. Commissioner Helms asked about the possibility of a public community access for future residents to access the river. Mr. Tryon said that area would not  members could ask questions of the applicant through staff.  Town ofC Cramerton- January 6, 2022-Page2 2  5    be considered environmentally sound. Bonnie Fisher with LaBella Engineering stated she would like to see more natural grading around the stream areas. Commissioner Atkinson asked if the small area being discussed tonight could remain commercial. Mr. Tryon advised this area would be reasonably suitable for retail opportunities. Parking restrictions would make it hard to make commercial zoning work for that area. Commissioner Atkinson recommended maybe placement of a branch bank. The Board was agreeable to the proposed changes. Mr. Tryon stated the construction timeline ist tied tot the water and sewer line project b. Downtown Recreation and Art Center Concept - Presentation by John Searby of the Catawba Riverkeepers and Eric Smallwood, Crâmerton Parks and Recreation Director. Mr. Searby stated this proposed concept would expand the relationship with the Town and the working relationship with Parks and Recreation. The CRAMR Center would be a public/non-profit partnership designed to encourage visitors and residents to spend more time in the downtown area. The CRAMR Center would be located at 117Center Street. Thel building space avalableis3,500square feet. Partners would include the Catawba Riverkeeper Foundation, Human Powered Movement, Tosco Music, Charlotte Is Creative, and the Town of Cramerton. This concept would be eligible for grant opportunities. Bike rentals, kayak rentals, fishing gear, disc golf, merchandise, and interpretative guided programs would be available. Mr. Searby stated any profits received for the Catawba Riverkeeper Foundation would be donated to the South Fork River Health Project. Mr. Smallwood stated there is not another partnership of this kind in the state and this would offer a diversity of offerings. Commissioner Neeley asked if the spaçe behind the building would be usable. Mr. Searby stated that is a very confined space, The hours of operation would begin as trial and error but plans are to be open six days per week. Commissioner Atkinson advised he liked the comprehensive approach to this concept and recommended adding "entertainment" to the CRAMR Center name. Mr. Searby stated the front of the building would bej private space to be used as aj patio. Potential revenue streams would include retail sales of branded merchandise, beverage sales, rentals of bikes, kayaks, and other equipment, event sponsorships, fee-based programs, and grant funding. Commissioner Helms confirmed that this a five year grant and the Town would be a responsible for $450,000.00. Mr. Searby stated year one would not be recouped by the Town, but years 2 through 5 and the $50,000.00 each year would be recouped by the Town. Commissioner Ramsey asked about the timeline. Mr. Searby advised the building is currently just a raw shell and the relocation of bathrooms will be the most time-consuming construction item. The project should take about 6 to 8 months and be completed in the spring of2023. The Town Manager advised that the landlord has another prospective tenant. Mr. Searby stated a letter of commitment approving this concept needs to be prepared. The Town Manager stated a draft agreement has already been discussed with the Finance Director and. Attorney Wolter. Mr. Smallwood stated the Parks and Recreation Advisory Board members unanimously approved the concept at their last meeting. Commissioner Atkinson asked about grant money for visitor center, tourists, or downtown revitalization. The Town Manager stated our local travel and tourism would be contacted regarding grants. The Board unanimously consented tor moving forward with the preparation of documents and agreements for Mayor Wills  being installed by Two Rivers Utilities.  Town ofCramerton- January 6, 2022- Page 3  6    to sign. Commissioner Helms stated he would like for the local residents to receive a discount. Mayor Wills thanked the former mayor and previous commissioners for the ground work to get this concept started. A letter ofcommitment will be created by the Town Manager for the Mayor's signature and will be sent to the landlord as soon as  possible.  Mayor Wills called for a five-minute recess at 8:05 p.m.  Consent Agenda: a. Minutes  i. Consider approval ofNovember 16. 2021 and December 9, 2021 meeting minutes. - Resolution #2022-01. A motion was made by Commissioner Neeley to approve the consent agenda. The motion was seconded by Mayor Pro Tempore Neeley. The vote was 5 to 0 in favor. This update will add Mayor Wills, Commissioner Helms, and Interim Finance Manager Bill Bradley as authorized signers. Former Mayor Cauthen, Mayor Pro Tempore Koutsoupias, and Joel Lineberger are being removed.  b. Updates to Town Check Signatures  Agenda Items Not Requiring: a Public Hearing:  a. Public Works Street Sweeper  1. Action Item: Direct staff to release necessary bid documents to comply with American Rescue Plan (ARP) Act funds for a new Public Works Street Sweeper. An motion was made by Commissioner/eims to direct stafft to release necessary bid documents to comply with American Rescue Plan (ARP) Act funds for a new Public Works Street Sweeper. The motion was seconded by Commissioner Neeley. The Board asked if a street sweeper would help with leaf pickup. The Town Manager stated the street sweeper would help with clean out of storm drains. Mayor Pro Tempore Neeley asked about possible leasing of another leaf vacuum truck and additional crew members during leaf season. Commissioner Atkinson stated his leaves were on the curb for three weeks. He recommended vacuum leaf pick be scheduled weekly or at least bi-weekly. Commissioner Atkinson stated instead of a street sweeper maybe the Town should consider the addition of another leaf vacuum truck. Mayor Wills stated another vacuum truck would require additional staff and better communication might be helpful during vacuum leaf pickup season. Commissioner Kincaid asked about the bid process. The Town Manager stated requests for proposals would be sent out as the Town could not piggyback on the Sheriff's grant. Commissioner Ramsey stated that the residents in Lakewood advised her they had to bag their leaves and asked why where they the only ones who had to bag leaves. The Town Manager stated leaves only need to be bagged outside of the vacuum leaf pickup season. Vacuum leaf season runs from late October to early March. The Town Manager stated the Town has a great Public Works crew and they have done a great job with vacuum leaf pick up this year. Mayor Pro Tempore Neeley stated maybe the rental ofa vacuum leaf pick up service might bel helpful for a few years. The motion passed 5 to 0i in favor.  Downtown Stormwater/ Parking/ Event Space Project  TownofCramerton- - January 6, 2022- Page4  7    1. Project Timeline Update. Bonnie Fisher with LaBella Engineering and Gary Fankhauser (via Zoom) provided information. Ms. Fisher stated consideration is being given to moving the water line onto Center Street. Bids would be available for consideration at the end of January. Aj partnership will be needed with Two Rivers Utilities for this proposed project. Commissioner Atkinson asked how would this proposed water line project would affect Center Street. The Town Manager stated Center Street would have to be patched once the project is completed and Center Street already is in need of crack patching. Commissioner Atkinson asked ift the water line could be possibly placed in the dirt bank area along Center Street. Ms. Fisher, stated there might be room att the bottom of the embankment. Placement of the water line into Center Street would place iti in a dedicated right-of-way and ift the road would be milled and resurfaced in order to smooth out any patches. Commissioner Atkinson asked about placing the line closer to the curb as he has concerns about the looks of 2. Action Item: Consider approval toj partner with Two Rivers Utilities (TRU) to move an existing water line in project area and authorize the Town Attorney and Town Manager to finalize and execute the necessary documents. A motion was made by Commissioner Helms to approve $20,000.00 for the reimbursement of material costs to Two Rivers Utilities to move an existing water line in the project area and authorize the Town Attorney and Town Manager to finalize and execute the necessary documents. The motion was seconded by Commissioner Kincaid. Commissioner Helms asked that the proposed project be sensitive to how consideration ofhow Center Street looks. Commissioner Helms amended the motion to approve $20,000.00 for the reimbursement of material costs to Two Rivers Utilities to move an existing water line in the project area with appropriate street repairs to Center Street placed in the contract and authorize the Town Attorney and' Town Manager to finalize and execute the necessary documents. The motion was seconded by Commissioner Kincaid. The vote was 5 to 0 in favor. Commissioner Helms asked about the shade sails. Ms. Fisher said there will be nine shade sails installed on poles that contain electrical outlets for decorative lighting. The concrete and electrical work will be in one package. The installers are general  Center Street once it is patched.  contractors and will able toj pull all permits.  b. Planning & Zoning  i.L Lakewood Road Pedestrian (PED) Bridge  1. Action Item: Resolution #2022-02. A resolution exempting LaBella Associates from G.S. 143-64.21 (Mini-Brooks Act) in relation to the design and engineering services for the Lakewood Road Pedestrian Bridge Improvements project. The Planning Director stated in 2015 a request was made for funding from NCDOT for a sidewalk from Eagle Road to cross the river to Lakewood Drive was requested. NCDOT informed staff the Lakewood Pedestrian Bridge and Sidewalk Project is ready for the approval of a municipal agreement. NCDOT approved funding of $518,000.00 and is considered insufficient at this time due to increased construction costs. The current vehicular bridge is not  Towno ofCramerton- - January 6,2 2022- Page: 5  8    scheduled for possible replacement for another 15 to 20 years. The Planning Director stated the Town could go back to NCDOT and ask for additional funding to add 700 feet of sidewalk and expand the scope of the project as a usable loop. Ms. Fisher with LaBella Engineering stated the Town would have an matching 20 percent. Commissioner Atkinson asked about the materials that will be considered for the bridge. Danny Watson with LaBella Engineering stated there are three types with one being similar to the Goat Island Bridge. A motion was made by Commissioner Helms to approve Resolution #2022-02. The motion was seconded by Commissioner Ramsey. The vote was 5 to 0 in 2. Action Item: Approval of the professional engineering services contract with LaBella Associates regarding the Lakewood Road PED Bridge. A motion was made by Mayor Pro Tempore Neeley to approve the professional engineering services contract with LaBella Associates regarding the Lakewood Road PED Bridge. The motion was seconded by Commissioner Neeley. Commissioner Atkinson asked what was the main reason for the construction of the pedestrian bridge. Commissioner Helms stated it was for connectivity to downtown and the high school. Commissioner Atkinson asked if the monies could be used to provide connectivity to Timberlake. The Planning Director stated ifthe location for the project is changed then the Town will have to start over in the process.  favor.  The vote was 5 to Oin favor. Parks and Recreation Rocky Branch Trail  1. Action Item: Acceptance ofa Carolina Thread Trail (CTT)Grant int the amount of $86,700 for improvements to the Rocky Branch Trail on the Stuart W. Cramer High School campus. A motion was made by Mayor Pro Tempore Neeley to accept the Carolina Thread Trail Grant in the amount of $86,700.00 for improvements to the Rocky Branch Trail on the Stuart W. Cramer High School campus. The motion was seconded by Commissioner Ramsey. The 2. Action Item: Consider approval of the amended contract with Nature Trails and Design to perform the Rocky Branch Trail improvements. A motion was by Mayor Pro Tempore Neeley to approve the amended contract with Nature Trails and Design to perform the Rocky Branch Trail improvements. The motion was seconded by Commissioner Helms. The vote was 5 to Oi in favor.  vote was 5 to 0 in favor.  d. Cramerton Board of Commissioners Wayfinding Signs Phases 2 &3 1. Final Contract with Sign Connection  a. Action Item: Consider approval of the final contract with Signs Connections to perform fabrication and installation of Wayfinding Signs Phases 2 & 3 and authorizing the Town Manager and Town Attorney to finalize and execute the contract. The Town Manager stated the final contract was awarded to Sign Connections inl November and it was overt the  TownofCramerton- January 6,2 2022-Page6 6  9    budgeted amount. A budget amendment has been prepared for $25,000.00 to provide additional funds for wayfinding sign project based on estimated b. Action Item = Budget Amendment #2021-12. Consider approval of budget amendment #2021-12 for the amount of $25,000 in additional expenditures for the Wayfinding Signs Initiative. A motion was made by Commissioner Helms to approve the budget amendment #2021-12. The motion was seconded by Mayor Pro Tempore Neeley to approve Budget  expenditures in current fiscal year.  Amendment #2021-12. The vote was 5 to0i in favor.  ii. Boards and Committees  1. Planning and Zoning Appointment Committee  a. Action Item: Per the BOC Rule of Procedure Policy, consider appointing two Commissioners (along with the Mayor) for a Planning and Zoning Board position. Once the appointment committee is chosen, staff will send out a projected timeline. The Town Manager stated an ad hoc committee needs tol be formed which would include the Mayor and two commissioners. A motion was made by Commissioner Helms to appoint Mayor Pro Tempore Neeley and Commissioner Kincaid to serve on the Planning and Zoning Appointment Committee. The motion was seconded by Mayor Pro b. Action Item: Appointment of Parks and Recreation Advisory Board secretary and chair, A motion was made by Commissioner Ramsey to appoint Tina Berens as secretary and Kelly Newman as chair of the Parks and Recreation Advisory Board. The motion was seconded by Mayor Pro 2. Initial discussion regarding additional committees. Mayor Wills stated he would like to considet the formation of an infrastructure committee. This committee would discuss items such as the Eighth Avenue railroad underpass and illumination of the trestle, Discussion can be held at the upcoming Goals and Objectives meeting on January 22nd. Appointments could include four to five people with various backgrounds. Another committee for possible consideration would be a landscaping committee for improvements and  Tempore Neeley. The vote was 5 to 0i in favor.  Tempore Neeley. The vote was 51 to Oin favor.  enhancements.  Manager's Report: No update. General Staff Reports:  Update from Two Rivers Utilities: A copy of the report will be placed in the minutes Police. Department: Chief Adams invited the Board: members toj participate int the firearms simulator training that will be offered to the police officers on January 25th. Discussion is being held with Life Church about allowing parking int their lot during school pickuphours.  book.  TownofCramerton- January 6, 2022- Page7  10    Fire Department: ChiefFoulk provided an update regarding the status of the new aerial fire truck. Mayor Nelson asked about the cost for providing 24/7 coverage by the fire department. Chief Foulk stated that would be about $75,000.00. Chief Foulk said he increased 24/7 coverage began yesterday to include Mondays and Tuesdays. Parksand Recreation: Mr. Smallwood stated a new sports themed mural is being planned Planning and Zoning: The Planning Director stated pre-development project talks  for the Parks and Recreation Department.  continue.  Town Attorney: Attorney Wolter had nothing to report.  Town Clerk: Chris and Sharon Wooten visited Town Hall this week and thanked the  Town for the number of handicap crosswalks throughout the Town.  Topics of Discussion for Each Commissioner:  Commissioner Atkinson stated a meeting will bel held on January 13th at 6:30 p.m. att the museum. Commissioner Kincaid stated it was exciting to hear about the Redhawk Development and iti is great to be on the ground floor for this. He thanked the police department for the great job they Commissioner Ramsey stated this was an exciting time to be on1 the Board. She said this had been arecord year for visitors to the Town of Cramerton. She thanked staff for a good job. Commissioner Helms recognized Stephanie Newman and her husband for being in attendance at tonight's meeting. He asked that the Board members come prepared for the Goals and Objectives meeting. He asked that the Big Board be ont the next meeting agenda. He thanked Ms. Fisherwith LaBella Engineering for her comments regarding the Redhawk Project. He asked about the status oft the Finance Director's vacancy. The Town Manager stated Bill Bradley will be filling in for several months until the position is filled. The advertisement for this position will run again Mayor Pro Tempore Neeley thanked Stephanie Newman and her husband for attending tonight's meeting. She said she and her daughter walked through the Town of McAdenville and the Christmas lights and it was a great experience. She stated she enjoyed the Fire Department dinner and the holiday staffluncheon. No updates from the Cramerton Community Committee. Mayor Nelson stated his thanks to staff and previously elected officials to put us in a good spot. There is a lot ofd development happening and this Board will need to make decisions for the future. He encouraged everyone to prepare for the upcoming Goals and Objectives meeting. He is confident on the unity we. have as a Board and all will be working for the good ofthe Town.  did during the Christmas holiday with the Town of McAdenville.  starting next week and will remain open until filled.  Towno of Cramerton- January 6, 2022- Page 8  11    Adjournment: A motion was by Commissioner Atkinson to adjourn at 9:24 p.m. The motion  was seconded by Commissioner Ramsey. The vote was 51 to Oi in favor.  Nelson Wills, Mayor  ATTEST:  Wilene Cunningham, Town Clerk  Town of Cramerton- January 6,2022-F Page 9  12    CHARR  TOWN OF CRAMERTON  1915  Manager Memo  TO: Town of Cramerton Board of Commissioners (BOC)  FROM: David Pugh, Town Manager DATE: January 20, 2022 Release Bids  RE: Cramerton Downtown Parking/ Stormwater/ Event Space Project - BOC Approval to  Background Information  Below is an updated timeline and recommendations from staff regarding the Cramerton 1. Pre-Project waterline relocation partnership with Two River Utilities (TRU)- Inv working through the final project logistics, Cramerton staff has met with Two River Utilities regarding an old ductile iron water line that runs through the upper part of the project. As the recent depth analysis for the stormwater infrastructure have been completed, it has been determined when Cramerton's project contractor starts excavating for the parking lot stone pavers, the depth will be below 3ft. So, the existing cast iron water pipe would be compromised during the construction phase of the project. Therefore, this is an opportunity to improve the water pipe line location (per modern utility best practice), and move the line to Center Street. Two River Utilities (TRU) has agreed to partner with Cramerton on the water line relocation. TRU will provide the labor using their in-house work force and Cramerton would provide TRU a reimbursement of the material cost, which will be approximately $20,000. There is $160,000 that was saved from the $1.3 million 2021 Road Paving Project, which is where the $20,000 would come from in the 2. Recommendation for Shade Sails phase after the stormwater/ parking lot completion The project engineering and landscape design teams have determined that it would be advantageous to perform the shade sails portion after the stormwater/ parking lot The shade sail bids can be obtained informally as a turn- key job (informal The Town can choose which shade sail vendors to request quotes. The Town would not have to bid with a generic" specification, as a formal bidding contract would require (ie. can call out a specific manufacturer and A separate contract from the stormwater/ parking work that will use American Rescue Plan (ARP) Act money means that (per the points above) the shade sail  Downtown Parking/ Stormwater/ Event Space Project.  APPROVED BY BOCAT. JANUARY 6, 2022 MEETING  current FY 2021-2022 budget.  APPROVED BY BOC AT THE JANUARY 6, 2022 MEETING  project completion for the following reasons. defined as less than $500,000 project).  brand with an informal contract).  1551 North Main St., Cramerton, North Carolina 28032  Phone: 704-824-4337  Fax: 704-824-8943  13    section is not tied to the stormwater parking project restrictions because it will Afinal note that the shade sail project will still be bid on a parallel track on a similar timeline. So when the stormwater/ parking project is completed, the  not use. ARP funds.  shade sail contractor can immediately begin.  Recommendations/ Perspective  Staff is recommending authorization from the Cramerton BOC for direction to release bid documents for the Downtown Stormwater/ Parking/ Event Space Project, while separately releasing bids for the Shade Sails section of the project. A significant amount of monies for the Stormwater Parking/ Event Space Project would come from the. American Rescue Plan Act funding, which is why this bid process must be in compliance with federal guidelines. This process will be formal bidding in order to maintain compliance. Once bids are received, staff will bring back to the Cramerton  BOC for final approval.  DRAFT Timeline (Town Stormwater Parking! Event Space only)  1. January 11, 2022 - Storm drainage investigations in Eighth Ave to determine the extent of an unknown drainage pipe that goes past the Masonic Lodge. Findings and repair recommendations will be included in the parking lot contract. 2. January/ February 2022 - TRU will relocate the water main to Center Street; existing 2" line to the building and the 6" line under the parking lot will be abandoned. 3. January 20, 2022-  Grading/curb/drainage/pavers construction plans go before the  Cramerton Board.  4. January 28, 2022 - Bid advertisement released. 5. End of February 2022 - Project bid opening. 6. End of March 2022 - Anticipated project construction start date. 7. April 2022 - Obtain quotes and choose shade sail vendor. 8. August 2022 Parking lot construction ends. 9. September 2022 Shade sails installation begins.  155 North Main St., Cramerton, North Carolina 28032  Phone: 704-824-4337  Fax: 704-824-8943  14    M3  3IHIS HL6/  - -   0boo  TT      15    CRARE  TOWN OF CRAMERTON Planning & Zoning Department  EST.  1915  TO: Town of Cramerton Board of Commissioners FROM: Josh Watkins, Planning Director DATE: January 7th,2022 RE: Updates to Town Code - Nuisances and. Junked Cars  Late in 2021, staff brought proposed amendments to the Minimum Housing Code to the Board for consideration. These amendments were meant to clarify and simplify the minimum housing standards sO that the expectations were clear for homeowners, residents, and staff. These changes were the first of at two-part process to update our code enforcement ordinances. Staff has now completed the second part of the update process, which includes updates and clarifications to the junked car and nuisance ordinances. Highlights of the proposed changes Addition of a definition for Nuisance Vehicle for vehicles that do not qualify as abandoned or junked, but still cause health or safety concerns. Clearly identify abandoned, junked, and nuisance vehicles as unlawful.  include:  Expand on the requirements of grass and yard maintenance to include planting strips in Revised the 15-day warning period/15-day correction period after citation. The proposed changes would allow for a 10-day warning period/5-day correction period after citation; this would reduce the time between initial warning to abatement from 30 days to 15 days, allowing the Town to be more responsive to complaints such as high  the street right-of-way.  grass.  Staffi is recommending that the Board of Commissioners review the proposed changes to Chapter 921 from the Town Code and approve the updates as presented.  1551 North Main St., Cramerton, North Carolina 28032  Phone: 704-824-4337  Fax: 704-824-8943  16    ESTABLISHED DRIVEWAY. An areai that is paved, graveled, bare of vegetation or otherwise clearly indicative oft the areai thati is normally used for vehicles to enter onto or exit from real property from or to ap public orp private street. GARBAGE. All solid wastes capable oft being rapidly decomposed by microorganisms, including but notl limited to animal and vegetable wastes resulting from the handling, preparation, cooking and consumption off food, as well as animal offal and carcasses, bute excluding sewage and human wastes. HAZARDOUS REFUSE. Material such as cleaning fluids, crankcase oils, cutting oils, paints, explosives, acids, caustics, poisons, drugs, radioactive products, infected materials, offal, fecalr matter and any other material hazardous top people ort the environment ifr noto disposed of properly. HOUSEHOLD TRASH. Every waste accumulation of paper, sweepings, dustr rags, bottles, cans, cardboard, plastic, small pieces of wood, rubber, leather or other matter of any kind, other than garbage and yard trash, whichi is usually attendant to INDUSTRIAL WASTES. All wastes, including solids, semi-solids, sludges and liquids resulting directly from industrial, processing or manutacturing operations. JUNK. Worn out or discarded metal, oldi iron, used plumbing parts or fixtures, other metals, automobile parts, chains, copper, machines or parts ofr machinery, bottles, rags, tallow, hide, wOFA-outt tires, broken glass, aluminum, tin or other sharp, pointed, jagged or rusted metal or other articles commonly known as. JUNK. In addition JUNKI means household appliances and upholstered furniture and mattresses not designed or JUNKED MOTOR VEHICLES. Ar motor vehicle that does not display ac current (2) Cannot be self-propelled or moved ina a manner iny which ity was originally (3) Is more than five years old and appears to be worthl less than $500. NUISANCE VEHICLE. A vehicle on public or private property thati is determined. and declared to be al health or safety hazard, a public nuisance and unlawful, includinga (1) Abreeding ground or harbor for mosquitoes. other insects. rats or other pests: (2) Ap point ofh heavy growth ofy weeds or other noxious vegetation over eight inches (4) Apoint of concentration of quantities of gasoline. oil or other flammable or  housekeeping.  manufactured for outdoor use. license plate and that: intended tor move; or vehicle found to be: inheight:  (1) Is partially dismantled or wrecked; or  (3) Ap point of collection of pools or ponds ofv water: explosive materials as evidenced by odor:  17    (5) One which has areas of confinement which cannot be operated from the inside, (6) So situated or located thatt there is a danger ofi itf falling or turning over; (7) One which is a point of collection of garbage. food waste. animal waste or any (8) One which has sharp parts thereof which are jagged or contain sharp edges of (9) Any other vehicle specifically declared al health ands safety hazard and a public MOTOR VEHICLES. Any machine designed or intended to travel over land or water PERSON. Any natural person, corporation, partnership, authority created by statute, PORTABLE, PACKING UNIT. Ar metal, solid waste storage container that contains a REFUSE. Solid waste accumulations consisting of garbage, household trash, yard REFUSE RECEPTACLE. Ametal or plastic container or plastic bag that meets the SMALL DEAD. ANIMALS. Cats, dogs, small household pets and other animals of SOLID WASTES. Wastes that are nongaseous and nonliquid (except that liquid wastes resulting from the processing of food are deemed solid wastes for the purposes SOLID WASTE RECEPTACLES. Bulk containers, refuse receptacles and yard trash TREE TRIMMINGS. Waste accumulation oft tree branches, tree limbs, parts oft trees, leaves or other matter usually created as refuse ini the care of trees and bushes. WASTES. All useless, unwanted or discarded materials resulting from domestic, YARD. Land areai immediately adjacent tot the primary building on the premises. YARDS are broken into front, rear, and side. Front yards extend from the architectural front ofal building to thef fronting street or ROW. Side yards extend from thes sides ofa al building to a street ROW orp property line. Rear yards extend from the back ofal building toap property line or ROW. Iftherei isi nota al building on the property,  such as trunks. hoods and the like;  other rotten or putrescible matter of any kind: nuisance by the Mayor and Commissioner.,  metal or glass: or  bys selt-propuision or while attached to as self-propelled vehicle. association or othere entity of combination thereof. packing mechanism and ani internal ore external power unit. trash and business trash as defined int this section. requirements ofs 92.031(E). similar size. oft this chapter). containers.  industrial, commercial or community activities.  the entire property shall be deemed the front yard.  18    ('87 Code, S 11-26) (Am. Res. 2018-04, passed 5-17-18) Penalty, see S 92.999 ABANDONED NUISANCE AND. JUNKED MOTOR VEHICLES $92.050 ABANDONED, NUISANCE AND. JUNKED VEHICLES NOT ALLOWED. Itshall be unlawful tol have anyi junked or abandoned motor vehicle. as defined herein, on the premises of public or private property. Itshall also be unlawful tol have any junked or abandoned motor vehicle on the premises of public or private property after Fort the purposes oft this subchapter, the following definitions shall apply: ABANDONED MOTOR VEHICLE: A vehicle that meets any of the following (1)Is left on public grounds or town-owned property in violation ofa a lawor ordinance prohibiting parking. (2)Is left for longer than two hours on private property without consent oft the owner, occupant. or lessee oft the property. (3) Is left for longer than seven days on public grounds. JUNKEDI MOTOR VEHICLES. Ar motor vehicle that does not displaya current license plate and that: (1)Is partially dismantled or wrecked; or (2) Cannot be self-p propelled or moved ina a manner in which ity was originally intended tor move; or (3)Is more thanf fivey years old and appears to be worth less than $500. NUISANCE VEHICLE. A vehicle on public or private property thati is determined and declared to be a health or safety hazard. ap public nuisance and unlawful, (1)A Al breeding ground or harbor for mosquitoes, other insects. rats or other (2) A point of heavygrowth of weeds or other noxious vegetation over eight (4) Apoint of concentration of quantities of gasoline. oil or other flammable or (5) One which has areas of confinement which cannot be operated from the (6) So situated or located that there is a danger ofi itf falling or turning over:  the vehicle has been ordered removed.  Formatted: Indent: Left: 0.5"  conditions:  Formatted: Font: (Default) Arial, 12p pt, Font color: Custom ColorRGBB337A1) Formatted: Font: (Default) Arial, 12p pt, Font color: Custom ColorRGB3337A1) Formatted: Normal, Indent Left: 0.5", Nob bullets or numbering  including a vehicle found to be:  pests: inches in! height:  (3) A point of collection of pools or ponds ofy water: explosive materials as evidenced by odor: inside. such as trunks, hoods and the like:  19    (7) One which is a point of collection of garbage. food waste. animal waste or (8) One which! has sharpparts thereof which arej jagged or contain sharp edges (9) Any other vehicle specifically declared a health and safety hazard anda MOTOR) VEHICLES. Any machine designed or intended to travel over land or water by self-propulsion ory while attached to a self propelled vehicle, $92.050 REMOVAL OF ABANDONEDAMDAUNAEP, AND NUISANCE VEHICLES (A) Subject to division (B) oft this section, whenever it is made to appear to appropriate town officials that abandoned, nuisance. orj junked motor vehicles exist within town limits, thet town may! havet the vehicles removedi to as storage yard or area and thereafter may dispose oft them in accordance with the provisions of this chapter. (B) No motor vehicle may be removed from private property without the written request oft the owner, lessee or occupant oft the premises, excepti in accordance with (C) Thet townr may require any person requesting the removal ofa aj junked, nuisance ora abandoned motor vehicle from private property toi indemnify the town against any loss, expense or liability incurred because of ther removal, storage or sale thereof. ('87 Code, $ 11-31) (Am. Res. 2018-04, passed 5-17-18) Penalty, see S 92.999 $92.051 NOTICE REQUIRED BEFORE VEHICLE REMOVED. (A) Before removing an abandoned vehicle the town shall give written notice ofi its intent tor remove the vehicle to the owner oft the vehicle ath his/her last known address, according tot the latest registration certificate or certificate oft title ont file with thes state Division of Motor Vehicles ori ift the information is not available, according to the best information reasonably: available concerning the owner's last known address. (B) The notice required by division (A) oft this section shall state why the vehicle is subject to removal ands shall inform the owner that, unless he/she removes the vehicle within five days after the date the noticei is postmarked the towns shall have the vehicle removed andt that, int the event, all charges incidental tot the removal ands storage oft the vehicle willl have to be paid before itmay! be reclaimed. The notices shall also provide the owner witht the name andp phone number ofa a representative of the town who may be (C) Notice to the owners shall not be required before removing vehicles that are classified as abandoned for reasons other than those specifiedi in division (A) oft this section or for vehicles that are classified as junk or nuisance vehicles.  any other rotten or putrescible matter of anyk kind;  ofr metal or glass: or  Formatted: Normal, Indent: Left: 0.5", Nob bullets or numbering Formatted: Font: (Default) Arial, 12p pt, Font color: Custom ColorR6BB337A1) Formatted: Left, Indent: Left: 0.5" Formatted: Font: 12pt, Not Bold, Fonto color Auto  public nuisance by the Mayor and Commissioners.  AUTHORIZED.  SS 92.070 through 92.076 oft this chapter.  contacted to discuss any matter contained int the notice.  20    ('87 Code, $11-32) (Am. Res. 2018-04, passed 5-17-18) $92.052 NOTICE REQUIRED WHEN VEHICLE REMOVED; HEARING. (A) When anyj junked, nuisance or abandoned motor vehicle is removed in accordance with this chapter, thet town shall promptly give written notice oft the removal tot the owner oft they vehicle at his/her lastk known address, according tot thel latest registration certificate or certificate oft title on file with the state Division of Motor Vehicles, ori ift thei information is not available, according tot the best information reasonably: available concerning the owner's last known address. (B) The notice required by division (A) oft this section shall be sent by certified mail, return receipt requested. Its shall state as follows: (1) Why and under what authority the vehicle was removed. (2) Where the vehicle is located. towing and storage charges).  (3) How the vehicle may be reclaimed (including the payment of any required (4) Thatt the vehicle may be disposed ofi ifn notr reclaimed within 30 days. (5) The name: and phone number ofar representative of the town who may be contacted should the owner wish to be heardi int the matter as provided in division (C)of (C) The town representative specified in division (B) oft this section shall hold an informal hearing as soon as reasonably possible upon request ofa person whose vehicle has been towed ina accordance with this chapter. Ifthe town representative determines thatt the vehicle was towedi in error, thet town shall do the following: (1) Ifthel hearing is held before the vehicle is reclaimed, notify the person in possession oft the vehicle tor release ita and (if the vehicle is int the possession ofa private (2) Ifthe hearing is held after the vehicle is reclaimed, reimburse the owner for all charges incurred incident to the towing and storage oft the vehicle. ('87 Code, S 11-33) (Am. Res. 2018-04, passed 5-17-18) $92.053 USE OF PRIVATE TOWING OPERATORS.  this section.  towing operator) pay all charges.  The town may have vehicles removed undert this chapter by private towing operators. The private towing operators shall have al lien ont the vehicles towed and may dispose of the vehicles in accordance with the provisions of G.S. Ch. 44A, Art.1. ('87 Code, $11-34) (Am. Res. 2018-04, passed! 5-17-18) $92.054 DISPOSAL OF ABANDONED VEHICLES.  (A) Whenever an abandoned motor vehicle is removed byt the town then after holding the vehicle for 30 days after removal, the town may sell or dispose ofita as  provided int this section.  21    (B) Ifthe vehicle appears tob be worth less than $100, the town may dispose ofita asa junked motor vehicle as providedi in S 92.055. With the consent oft the owner, thet town may remove and dispose of any motor vehicle as aj junked motor vehicle, without regard tot the value, condition or age of the vehicle, and without holding itf for any prescribed (C) Ifthe vehicle is worth $100 or more, its shall be sold atp public auction. Twenty days written notice oft the sale shall be givent to ther registered owner ath his/her last known address, the! holders of all liens of record against the vehicle, and the state (D) Any person having ani interest int the vehicle may redeem ita at any time before the (E) The proceeds of thes sale shall be paid tot thet town! Finance Officer, who shall pay tot the appropriate officers or persons the costs ofr removal, storage, investigation, sale and liens ofr record, in that order. The remainder oft the proceeds of sale, if any, shall be paid over to ther registered owner, or held byt thet townf for 60 days ift the registered owner cannot bel located with reasonable diligence. Ifthe owner does not claim the remainder oft the proceeds within 60 days after the sale, the funds shall be deposited in the town general fund and the owner's rights shall forever be extinguished. (F) Wheni itr receives at town! bill of sale from ap purchaser or other person entitled to receive any vehicle disposed of as provided int this section, the state Division of Motor Vehicles will issue a certificate oft title for the vehicle as required byl law. ('87 Code, S 11-35) (Am. Res. 2018-04, passed 5-17-18) $92.055 DISPOSAL OF JUNKED AND NUISANCE VEHICLES.  period oft time.  Division of Motor Vehicles. sale by paying all costs accrued to date..  (A) Whenever aj junked or nuisance motor vehicle is removed by the town then, after holding the unclaimed) junked vehicle for 15 days, the town may destroy itor selli itat (B) Within 15 days after final disposition as aj junked or nuisance motor vehicle, the towns shallr notify thes state Division of Motor Vehicles thatt the vehicle has been determined to be aj junked motor vehicle and disposed of as such. The notice shall contain as simple and accurate a description oft the vehicle as can be reasonably (C) Any proceeds from the sale of aj junked or nuisance motor vehicle shall be paid tot thet town Finance Officer, who shall pay tot the appropriate officers or persons the costs ofr removal, storage, investigations, sale and liens ofr recordi in that order. The remainder of thep proceeds ofs sale, ifa any, shall be paid over tot the registered owner, or held by the townf for 30 daysi ift ther registered owner cannot be located with reasonable diligence. Ift the owner does not appear to claim the proceeds within 30 days after disposal oft the vehicle, the money shall be deposited int the town general fund andt the  private sale as junk.  determined.  owner's rights forever extinguished.  ('87 Code, $ 11-36) (Am. Res. 2018-04, passed! 5-17-18)  22    $92.056 CERTAIN VEHICLES EXEMPT.  Thep provisions oft this chapter shall not apply to any vehicle ina an enclosed building or any vehicle on the premises ofab business enterprise being operated ina a lawful place and manner ift the vehiclei is necessary to the operation of the enterprise, or to any vehicle in an appropriate storage place or depository maintained in a lawful place and  manner byt the town. $92.070 PURPOSE.  ('87 ode, $ 11-37) (Am. Res. 2018-04, passed 5-17-18)  PROPERTY MAINTENANCE AND NUISANCE ABATEMENT This subchapter is enacted pursuant to the authority conferred upont the town by the general assembly of the state for purposes of creating conditions essential tot the health,  safety, convenience and general welfare. (Am. Res. 2018-04, passed 5-17-18)  $92.071 RESERVEDHIGHI WEEDS, GRASS, AND VEGETATION. 1.Any.growth of weeds or grass 12 inches or higher is a violation: .Any improved property shall be cut ini its entirety. Improved property means any parcel that has been altered from its natural state for b. Every owner and/or occupant ofa any lot. on anys street. shall keep the right- of-way, the planting strip. street curbs. storm drains, sidewalks. driveways. andt the like, free and clear of any grass. weeds. vegetation. and other C. This subsection shall not apply to lands certified, dedicated, or designated bythe Town or other appropriate governmental agency as vegetative buffer. floodplain, stream buffer, open space or other naturalor environmentally sensitive area established to protect the public or protect and preserve natural greenways. floodways, streams or water quality. 2.A Any accumulation of animal or vegetable matter thati is offensive by virtue of strong odors or vapors or by thei inhabitance therein of rats, mice, snakes or Itshall be the responsibility oft the owner and/or occupant to cut and/or remove all grass, weeds. or accumulation of other noxious matter listed herein as often as necessary to comply with the provisions oft this section. $92.072 OCCUPANTS OR OWNERS SHALLKEEPPREMISES: FREEOFLITTER, DEBRSUNKANDTHEN LIKE JUNK AND DEBRIS. Every person owning or occupying ay premises within the town corporate limits shall keept thep property clean. The existence ofa any oft the following conditions on any property, vacant lot or other parcel of land within the corporate limits is dangerous and prejudicial tot thep public health or safety andi is hereby declared aj public nuisance.  Formatted: Font: (Default) Arial, 12pt, Font color: Dark Blue Formatted: Font: Not Bold Formatted: Font: (Default)A Arial, Font color: Dark Blue Formatted: Font: NotE Bold  development. debris.  12pt  Formatted: Indent: Left: 1, Nob bullets or numbering  vermin of any kind;  Formatted: Indent: Left: 0.25" Formatted: Font: (Default) Arial, 12pt, Font color: Dark Blue  23    a. Any accumulation OfLITTER. DEBRIS.REFUSE. GARBAGE.JUNK, HAZARDOUS REFUSE, HOUSEHOLD TRASH, BUSINESS TRASH, SCRAP MATERIALS. or ANIMAL EXCREMENT as defined int this chapter onanyf front, side or rear yard or on any porch, or underneath any b. Any accumulation of debris from the demolition of any structure. including but not limited to partially demolished walls. foundations. basements. building materials and other rubbish after the cessation of all active Any swimming pool ori its appurtenances which is dangerous or prejudicial top public health and safety. including but not limited to pools with stagnant water. debris. dead animals or structural deficiencies:or d. Any condition found by the Town Manager or designee to be detrimental tothe health oft thet town or any ofi its inhabitants. or which is violative of any oft ther rules andr regulations of the Mayor and Commissioners. (A) Any accumultoneFeF,debri,reluse, garbagejunk hazardous refuse; househeld trash, businesstrash,serapt materials, OF animal excrementon-anyt front; sidee OHpatyasoronam/poreh,ofundemains any-building- (B) The uncontrolledgrowin- of grass OF nexious weeds- to a heighti in excesse of12 inches- causing a-hazard detrimental to the public! heallh-andsalely (G)-An-open Or-unsecured- storage oF collection place for chemicals, Ois,gaseline; flammable liquids, OF others similar hazardous refuse: (eD) Any condition detrimental to the public health and safety which violates the rules and regulations oft the county Health Department. ('87 Code, $ 11-43) (Am. Ord. passed 7-7-97; Am. Res. 2018-04, passed 5-17- $92.073 DEBRIS FROM CONSTRUCTIONI LEFT ON PROPERTY. Allr refuse, lumber, debris and other building materials on private property which are visible from the street or an adjoining lot for any reason including, but not limited to, construction in progress for the remodel or repair of anye existing buildings, the erection and completion of any new buildings ort the addition to existing buildings, all pursuant to al lawfully-issued and currently-active building permit, shall be removed byt the property owner immediately or, int the event ofv work under al building permit, within 15 calendar days from the completion of the aforesaid work. An owner or occupant may need to verify that construction is currently inp progress ift there has been no construction activity for over 30 calendar days and show good cause why thet towns should not abatej jhe-the refuse, lumber, debris and other building materials left or stored on the property.  Formatted: ListF Paragraph, Numbered Level: 2+ Numbering Style:a a, b,C. - + Starta at1+ + Alignment: Left Aligned at: 0.75" + Indent at: 1" Formatted: Font (Default) Arial, 12pt, Font color: Custom ColorRGB3337A1)  building,  demolition activity on the property:  Formatted: List Paragraph, Numbered Leve!:2+ Numbering Style: a,b,C, + Starta at1+A Alignment: Left+ + Aligned at: 0.75"+ Indent at: 1" Formatted: Font: (Default) Arial, 12p pt, Font color: Custom ColorRGBB337A1)  18) Penalty, see S 92.999  (Am. Res. 2018-04, passed 5-17-18) $92.074 JUNK; REMOVAL.  Itshall be unlawful for any owner or occupant of any land, building, structure, dwelling or dwelling unitt to place or leave (or allowed to be placed orr remain) outside of any such  24    building, structure, dwelling or dwelling unito or upon suchl land any dilapidated furniture, icebox, refrigerator, stove or other appliance, machinery, equipment, building material or other item orj junk whichi is eitheri in a wholly or partially rusted, wrecked, junked, dismantled ori inoperative condition or whichi is not completely enclosed within a (Am. Res. 2018-04, passed 5-17-18) Penalty, see S 92.999 $92.075 ABATEMENT OF VIOLATIONS.  building.  (A) Contract for abatement services. Whenever thet town manager, or his or her authorized designee, has determined" that a violation oft this article and/or ar nuisance exists and has provided proper notice thereof, the property owner, ocçupant orp person inp possession oft the premises on which the nuisance is located may contract with the town tor remove: such conditions at ai fee paid in advance and upon such terms and conditions as the town manager, or his or her authorized designee, may approve, except that as a condition of all such agreements the property owner, occupant or person in charge oft the premises shall by signed writing in advance of any work release the town from any liability arising from or resulting from ther removal ofs such conditions. Int the event the owner of the property is not the occupant, then as signed release shall be required from both the property owner and the occupant before thet town will (B) Abatement: for chronic violations. Whenever thet townr manager, or his or her authorized designee, has determined that a violation oft this article and/or a nuisance exists and has provided proper notice thereof pursuant tot this subsection, the town may proceed to abate a nuisance on property owned by a chronic violator. Ins such a case, thet towns shall notify a chronic violator oft this article and that, ift the violator's property is found to bei in continued" violation oft this article, the town shall, without further notice in the calendar year iny which notice is given, take action to remedy the violation, and the expense oft the action shall become al lien upon thep property and shall be collected as unpaid taxes. For a chronic violator, the town'si initial annual notice (that the town will abate the nuisance) shall be served! by registered or certified mail, with a copy sent by (C) Summary abatement for health and: safety violations. Whenever the town manager, or his or her: authorized designee, has determined" that a violation oft this article and/or a nuisance exists and has provided proper notice thereof, upon the failure of thep property owner, occupant or person inp possession of the premises tot take the corrective action ordered byt the board ort the town manager, or his or her authorized designee, within the time specified, the town may remove, abate or remedy the condition thati is dangerous or detrimental tot the public! health or publics safety andt the expense of such action shall be paid byt the person in default pursuant to G.S. S 160A- 193. Ifnot paid, such expenses shall become al lien upon the land or premises where the violation occurred and may be collected as unpaid ad valorem taxes. (D) Remedies available notwithstanding civil penalties. Each of these remedies shall be and remain available to the town notwithstanding any civil penalties that have been  proceed.  regular mail.  issued under S 92.076, civil penalties.  25    (Am. Res. 2018-04, passed 5-17-18) $92.076 CIVIL PENALTIES.  (A) Any violation oft this article ort the failuret to abide by anyl lawful orderi issued pursuant to this Article shall be punishable as provided herein: (1) Ina accordance with the requirements of G.S. S 160A-175(b), iti is expressly declared that violation ofa any provision hereof or at failure to comply with any oft this article's requirements or orders issued hereunder shallr not be considereda misdemeanor or infraction under G.S. S 14-4 or S 14-3.1, buts shall constitute a civil offense and shalls subject the offender to a civil penalty as set forth herein. After notice of violation/warning: citation has been issued andt the violation is not corrected at the end of45-10 calendar days, the Town may abate ther nuisance condition an/or issue a civil citation shall be issued- andj impose civil penalties assessed- as set forth int the table  below.  NOTICE OF VIOLATION (NOV) OR INITIAL WARNING  Opportunity to Appeal to the Board of Commissioners within 4510- days of NOVori initial  warning  CITATION  CIVIL PENALTY, AMOUNT  First penalty citation Second penalty citation from citation. Fourth penalty citation*  $100.00 $250.00 $500.00  The fines shall be paid within 15 days and the violation shall be corrected within 45-5 days from citation. Issued after 15 5days for on-going failure to abate and the violation shall be corrected within 15 Sdays Issued after 45-5 days for on-going failure to abate. *per day for each day the nuisance continues (2) Any person violating this article shall bei issued av warning citation andi in accordance witht this section. the eventoffailuret to abate, a-subsequent civil penally citation- per the procedures set frthin-S10.994 ofthe- Code of Ordinances Any citation ofav violation may bei issued by any police officer, town manager, building inspection officer, code enforcement officer or such other office as is charged from time tot time by the board of commissioners with the enforcement of this article. However, the town manager or his or her designee ini his or hers sole discretion may: (a) Reduce ac civil penalty assessed based upon the totality oft the circumstances;  or  26    (b) Withholdi issuance ofa civil penalty citationi ini the event ap property owner has commenced in good faith to abate the nuisance but the abatement has not been completed att the expiration oft the initial 1510-day warning period. (B) Each day's continuing violation aftert the deadline set forthi int the third civil penalty citation notice shall be as separate and distinct offense for purposes oft the penalties and  remedies set forth herein. (Am. Res. 2018-04, passed 5-17-18) $92.077 APPEAL.  With respect to any nuisance for which a notice of violation or warning citation notice was given, the owner, occupant or person inj possession oft the premises has ar rightt to appeal to the board of commissioners. Such appeal shall be madei inv writing, on af form provided byt the Town of Cramerton entitled "Application for an Appeal," specifying the grounds thereofa and accompanied by a filing fee set by the board of commissioners. The appeal shall bef filed with the code enforcement officer nol later than 45-10 calendar days after the date oft ther notice of violation or warning citation. The appeal shall be heard at ther next regularly scheduled meeting oft the board of commissioners, and except in cases ofi imminent danger or circumstances that pose a substantial threat to the health and safety of citizens, further proceedings to abatet the nuisance ori issue a civil penalty shall be stayed until the appeal is heard and decided.  (Am. Res. 2018-04, passed 5-17-18) $92.078 DISPOSAL OF VEHICLES.  When an automotive, boat ort trailer-type vehicle has been found tol be in violation and has been removed by the town under this chapter, then either of the following may (A) Ifthe vehicle has been removed by a private towing operator acting as agent of the town the vehicle may be disposed ofi in accordance with the provisions of G.S. Ch. (B) Thet town may sell the vehicle as a junked automotive, boat ort trailer-type vehicle ('87 Code, $1 11-49) (Am. Ord. passed 7-7-97; Am. Res. 2018-04, passed 5-17-18) -(A) -Unless etherwise specified- herein,a violation of anye oft the following provisions of this chapters shall constitute a misdemeanoryt punishable as provided- in G.S-S144 (B). Unless otherwise specified herein. aA violation of any oft the provisions specified inc division (A) of this section shall alse subject the offender to a civil penalty of $25. A violation ofs 92.016 shall subject the offender to a civil penalty of $12. Ifthe offender fails top payt this penalty within 15 calendar days after being cited for ay violation, the penalty may be recovered byt thet towni in a civila action int the nature of debt.  occur: 44A, Art1.  ina accordance with the provisions ofs 92.055.  $92.999 PENALTY.  27    (C) Each dayt that any violation continues after a person has been notified that the violation exists and thath he/she is subject to the penalties specified in divisions (A) and (D) This chapter may also be enforced by any appropriate equitable action, including (E) The town may enforce this chapter by any one or any combination oft the  (B) of this section and shall constitute a separate offense.  injunctions or orders of abatement. foregoing remedies.  (87 Code, $1 11-53) (Am. Res. 2018-04, passed 5-17-18)  28    TOWN OF CRAMERTON RESOLUTION 2022-03  RESOLUTION EXEMPTING CAROLINA SURVEYING FROM G.S. 143-64.31 (MINI-BROOKS ACT), INI RELATIONTOENGINEERING SERVICES FOR THE LAKEWOOD ROAD PEDESTRIAN BRIDGE WHEREAS, WHEREAS, G.S. 143-64.31 requires the initial solicitation and evaluation of firms to perform architectural, engineering, surveying, construction management-at-risk services, and design-build services (collectively "design services") to be based on qualifications and without regard to fee; WHEREAS, the Town of Cramerton proposes to enter into contracted survey services for work on Town owned properties regarding the following items: prepare Right-of-Way exhibits to abandon the unopened alley and the old Eighth Street Alignment; al boundary survey of all Town-owned property in the downtown area; utility locates on all Town-owned property in the downtown area; prepare a recombination plat for Town-owned parcel fragments and a Right-of-Way dedication for Eighth Avenue WHEREAS, G.S. 143-64.32 authorizes units oflocal government to exempt contracts for design services from the qualifications-based selection requirements ofG.S. 143-64.31 ifthe estimated fee is less than WHEREAS, the estimated fee for design services for the above-described project is less than $50,000. NOW, - THEREFORE, THE BOARD OF COMMISSIONERS OF THE TOWN OF CRAMERTON Section 1. The above-described Carolina Surveying, in relation to Cramerton property surveying in the  IMPROVEMENTS  from the Goat Island Bridge to Town Hall.  $50,000; and  RESOLVES:  downtown area is hereby made exempt from the provisions of G.S. 143-64.31.  Section 2. This resolution shall be effective upon adoption. This resolution shall be effective upon adoption. ADOPTED this the 20th day of January, 2022  Nelson Wills, Mayor ATTESTED:  Wilene L. Cunningham, Town Clerk  29    CRARE 9  TOWN OF CRAMERTON Planning & Zoning Department  EST.  1915  TO: Town of Cramerton Board of Commissioners FROM: Josh Watkins, Planning Director DATE: January 11th, 2022 RE: Downtown Survey and Utility Location  As we have been working on the project located at the former Masonic Lodge, staff has noticed several issues with the downtown area related to parcel lines, dedicated right-of-way, and Eighth Avenue was moved slightly south in the past; the old right-of-way was never When Eighth Avenue was moved, it created multiple parcel fragments on both: sides of the road; these parcels can be recombined into single parcels for clarity of ownership An opened alley was dedicated between Centennial Center and the former Masonic Lodge; this right-of-way was never abandoned, and has created potential issues with the Utilities- working on the paving project, it has become clear that some of the utility location data that we have is not as accurate as it could be; water and sewer lines shown on GIS maps are approximate", and when surveys are performed, these lines are shown to be several feet off from where we thought they were.  utility locations.  abandoned, and the new right-of-way was never dedicated.  paving project that the Town is pursuing.  The Town has received an estimate from Carolina Surveying to address these issues. The $600 to prepare Right-of-Way exhibits to abandon the unopened alley and the old $3900 for al boundary survey of all Town-owned property in the downtown area $2200 for utility locates on all Town-owned property in the downtown area $1600 to prepare a recombination plat for Town-owned parcel fragments and a Right- of-Way dedication for Eighth Avenue from the Goat Island Bridge to Town Hall. As more attention is drawn to Downtown, having the parcel lines corrected, right-of-ways abandoned or corrected, and underground utilities correctly located will become increasingly Staff is requesting that the Board approve the attached proposal for Downtown Surveying  estimate is for $8,300, and includes the following:  Eighth Street Alignment  important. services.  1551 North) Main St., Cramerton, North Carolina 28032  Phone: 704-824-4337  Fax: 704-824-8943  30    CAROLINA SURVEYORS, INC. P.O. Box 267, Pineville, N.C. 28134-0267 (704)889-7601  Carolinasl.com  December 16, 2021 Josh' Watkins Town of Cramerton  Sent via Email: watkins@rramerton.os Re: Ninth Street Parking Lot Cramerton, Gaston Co., NC  Josh,  Per your request, we have prepared the following proposal for your use. We have reviewed the property on GIS and the aerial photography available online. We have also reviewed thei information provided. Our fees to provide all research, fieldwork, computations and mapping are as follows:  Our fee to prepare two R/W abandonment exhibits and their corresponding legal descriptions willl be Ourf feet to prepare a Boundary and Asbuilt survey of the parcels outlined int the markup provided willl be $3900. Ifyou would liket for us to coordinate having the underground utility marked within this area by Our feet to prepare, submit and subsequently record a recombination and R/W dedication plat will be $1600. Please note this feei includes setting the new property and right of way corners. This fee does  $600  ap private contractor there will be an additional fee of $2200 to cover their fee.  not include any review and/orr recording fee.  We will need six (6) weeks from authorization to complete the mapping. Ifaccepted, please sign below and return via fax or email. have any questions or need further clarification.  We appreciate the opportunity to serve you on this project. Please feel freet to contact our office, should you  Sincerely, Thomas E. White Carolina Surveyors, Inc. cwh  Authorized to Proceed by/ Date  Cramerton_NinthstParking.docx  Page 1of1  31    Office of the Fire Chief  To: David Pugh  From: Fire ChiefLance Foulk - SIK  Re: FLSA overtime hours Date: 1/12/2022  Currently the fire department has a pool of 14 personnel that currently work part time. Many of these personnel have worked in this capacity for almost 10 years. This is excellent that we have been able to retain this group of employees and use in house personnel to cover these shifts. We currently have established 171 hours in a 28 day pay cycle as the threshold for overtime. This mirrors what Cramerton PD does. This threshold was difficult to meet in the past. However, with the addition of24-hour coverage days and the likelihood of adding additional 24 daysI Iti is my understanding that Public-sector (government) fire departments may establish special "7(k) work periods" for sworn firefighters, which can increase the FLSA overtime thresholds" beyond the normal 40-hour week. Firefighters covered by these special work periods are entitled to FLSA overtime only for hours worked in excess ofat threshold set by the Department of Labor. For example, in a 28-day work period, fire fighters would be entitled to FLSA overtime only for hours actually worked over 212 during that 28-day period (in essence, a 53 hour work week). "7(k)" refers to the section oft the FLSA in which these special rules are contained, 29 This change from 171 hours to 212 hours would allow greater scheduling flexibility and decrease the likelihood ofaj part time employee reaching the overtime threshold. Ithink it would be prudent to have this reviewed by the town attorney for accuracy and additional discussion.  think this threshold should be revisited.  USC $207(k).  Please contact me with any questions.  141 8th Avenue  Cramerton, NC 28032  704-879-4231  32    CRAND  TOWN OF CRAMERTON  ST.  1915  Manager Memo  CARO)  TO: Town of Cramerton Board of Commissioners (BOC)  FROM: David Pugh, Town Manager DATE: January 20, 2022 Background Information  RE: CRAMR Center - DRAFT Facilities Grant Agreement with Catawba Riverkeeper Foundation Per the presentation and subsequent Cramerton BOC direction at the January 6, 2022 meeting, included in the January 20th agenda packet is a DRAFT Grant Agreement with the Catawba Riverkeeper Foundation. This agreement outlines the payment process for capital improvements intended to be made by the Catawba Riverkeeper at the The Facilities Grant amount is for $200,000. The current fiscal year (FY) 2021-2022 budget can accommodate these funds, especially with $140,000 of savings from the Timberlake Neighborhood road paving project. Staff will bring amendment approvals to the BOC at a later meeting date as funds will need to be shifted within the budget. To receive the grant funds, the Catawba Riverkeeper will need to show proof of  intended CRAMR Center building site at 117 Center Street.  contractor construction receipts as "grant pay-outs".  At a later date, Cramerton staff will bring to the BOC a second type of agreement for an operations grant. Per legal staff guidance, it is best to have two separate types of  grants to break-up and specify the use of each of the funds.  Recommendation) Perspective  Staff recommends the BOC move forward with Facilities Grant Agreement in partnership with the Catawba Riverkeeper Foundation for the CRAMR Center.  155 North Main St., Cramerton, North Carolina 28032  Phone: 704-824-4337  Fax: 704-824-8943  33    [INSERT CRAMERTON SEALI FACILITIES GRANT AGREEMENT FOR CATAWBA RIVERKEEPERS  This Facilities Grant Agreement (the "Grant Agreement") entered into on this corporation ("Town"), and the following Grantee, CATAWBA RIVERKEEPERS, al North  of  20  by and between TOWN OF CRAMERTON, a North Carolina municipal  Carolina non-profit corporation ("Grantee").  WHEREAS, Town is authorized, pursuant to N.C.G.S. $160A-488, to establish and WHEREAS, Town is authorized, pursuant to NCGS $160A Article 18 to provide WHEREAS, Town is authorized, pursuant to $160A-20.11 to contract with and appropriate money to Granteei in order to carry out the public purpose ofj providing arts and recreation facilities,  support public museums, art galleries, art centers, arts facilities and arts programs; and  recreational facilities and programs for the benefit oft the public; and  education and programming for the benefit the citizens of Cramerton; and  WHEREAS, Grantee has successfully entered into a 5 year Lease Agreement, with options to extend the Lease for up to, 10 additional years, for property located at [ENTER ADDRESS] (the "Property") and has completed the design and engaged a contractor for purposes of upfitting the Property within which Grantee will operate The CRAMR Center (the "CRAMR Center") in downtown Cramerton as shown on the plans attached hereto as Exhibit A  (the "Project"); and  WHEREAS, the CRAMR Center will be dedicated toj providing, among other things, visual and performing arts, music and recreational programming for the benefit of the public; and WHEREAS, Grantee has applied to the Town for al Facilities Grant for the CRAMR  Center for the Town's fiscal year hereto and incorporated herein as Exhibit B;  by completing the Facilities Grant Application attached  WHEREAS, the Town has reviewed Grantee's grant Application and awards to Grantee a NOW THEREFORE, in consideration of the foregoing recitals, of mutual promises oft the Parties  grant award subject to the terms and conditions set forth below.  and of other good and valuable consideration, the receipt and sufficiency of which are. hereby  acknowledged, Town and Grantee agree as follows:  1. Grant Award. The Town hereby grants to Grantee a Facilities Grant for fiscal year 2023  in the amount ofup to $200,000.  34    2. Useo ofGrant Awards. Grant Awards are to be used by Grantee solely for capital improvements, furniture, fixtures, equipment and signage for the CRAMR Center as more particularly described in the Construction Plans and the Facilities Grant Application submitted' by Grantee, attached hereto as Exhibit A and B respectively and incorporated 3. Funding Period. Each funding period for the Grant Award begins on July 1 and  herein by reference.  terminates on June 30 (the "Annual Funding Period").  4. Payment of Grant Award. The Town will distribute the Grant Funds to Grantee in the form of expenses incurred throughout construction of the Project. During construction when the project requires Grant Funds, Grantee will send the Town a request to draw Grant Funds within 24 hours oft receipt of an application for payment submitted by its contractor. ("Draw Request"). The Draw Request will include a detail oft the invoices included to be paid. The draw request will be submitted for work completed. The Town shall make payment 15 days after receipt oft the Draw Request only if the application for payment has been authorized by Grantee's Architect. In the event. Architect authorization is not received within 15 days ofTown'sr receipt ofal Draw Request, Town shall delay payment until such payment has been Authorized by the Architect. Invoices shall be: sent to the Town's Chief Finance Officer with a copy to the Town Manager. Grantee shall return Town Funds that remain un-obligated and unspent at the end oft the Funding 5. Town Not Responsible for Funding Shortfalls. The Town shall not be liable nor responsible for funding shortfalls nor. Project deficits. The Town Contribution to the Project shall not exceed $200,000 unless the Town agrees otherwise in writing. 6. Accounting of] Funds. Grantee shall submit to the Town a full and accurate accounting summarizing all expenditures for the Project along with all: funding sources on or before the 20th day of each month for the previous month (example: May 20th report will summarize through April 30) during the Funding Period. Additionally, Grantee shall submit a Final Report to the Town no later than 60 days after receiving a certificate of occupancy for the Project that summarizes all expenditures made and all funding sources contributed to the project. Grantee shall retain and keep safe financial and other records that corroborate the information contained in the Final Report (invoices, receipts, pay vouchers, etc.) for aj period of no less than three years. The Town shall have the authority 7. Material Failure to Perform. The Town shall have no obligation toj pay the Grant Award or any remaining portion thereof should Grantee fail to provide required financial reporting or should Grantee materially fail to comply with Exhibit A and Exhibit B including but not limited to a material failure to meet budget projections and/or programming goals. In the event ofs such material failure, Grantee shall return the full  Period.  tor review these financial records from time to time.  amount of the. Annual Grant Award already paid to Town.  2  35    8. Operation Deficits. The Town shall not be responsible for nor liable for deficits of  Grantee.  9. Consideration of Future Funding. Upon annual application by Grantee and upon material compliance with aj prior year's Application, the Town shall consider future Operating 10. Town Credit. Grantee agrees to include the following credit on its website and in all promotion, publicity and printed programs during the Funding Period:  Budget Support Grants.  CRAMR is supported by the Town ofCramerton  11.1 Indemnification. Grantee assumes sole responsibility and liability, and will defend, indemnify, and hold Town harmless from and against all liabilities, fines, suits, claims, demands, actions, injuries, damages, judgments, costs, expenses, penalties or losses of any kind or nature whatsoever (including without limitation for damage to real or personal property, and/or or injury or death to aj person) (collectively, the Liabilities") caused by, arising out of, or in any manner related to the construction, operation, management, occupancy and/or use ofthe CRAMR Center, including from intentional or negligent acts by Grantee or its agents, employees, licensees, contractors, patrons, guests, invitees, customers and other visitors, or the public; provided, however, that Grantee shall not be liable to Town for liabilities arising from or directly related to Town's gross negligence or willful misconduct. Grantee waives all claims against Town for liabilities arising from or related to the CRAMR Center, except for claims arising from or directly related to Town's gross negligence or willful: misconduct. Grantee's indemnity obligations pursuant tot this Section shall survive the termination or expiration oft this Agreement. 12. Insurance. Grantee will procure and maintain a builder's risk policy or policies of insurance adequately covering the replacement cost of the Project, and any liability which may arise out of, or by virtue of, the development and construction ofthe Project including without limitation by Grantee or its agents, employees, licensees, and contractors. Without limiting the foregoing, Grantee will at all times maintain (i) comprehensive general liability insurance (including premises-operations, contractual liability and completed operations coverage, iflisted as separate coverage parts) with per occurrence limits and aggregate limits (including any excess or umbrella coverage) ofr not less than $1,000,000 and $3,000,000, respectively, (ii) such workers' compensation and other employers' liability insurance as may be required by the jurisdiction in which Grantee is doing business. All such insurance policies will name both Grantee and Town as "named insureds" SO as to create the same liability on the part ofinsurer as though Grantee will provide Town with copies of all insurance policies and renewals of insurance policies required under this Agreement. All policies will contain endorsements providing that they will not be cancelled, reduced in amount or coverage, or otherwise  separate policies had been written for Grantee and Town.  3  36    modified by the insurance carrier, without at least thirty (30) days' prior written notice to Town. Town will be entitled toj participate in the settlement or adjustment of any losses Each of Grantee and' Town (in such case, the "Injured Party") hereby waives any claim it might have against the other party to the extent that the Injured Party suffers loss or damage which is caused by the other party, but which is covered by the Injured Party's insurance policies required herein. Each of Grantee and Town will obtain from its insurance carrier aj provision acknowledging this waiver and agreeing that such insurance carrier will not be subrogated to the rights of the Injured Party to the extent that these 13. Notices: Whenever this Agreement requires either party to give notice to the other, such notice will be given in writing and delivered in person (including by commercial courier service), mailed via the United States Postal Service, by certified or registered mail, return receipt requested, or via confirmed email to the party at the address set forth below, or at such other  covered by such policies.  rights have been waived.  address designated by like written notice:  Town ofCramerton 155N. Main Street Cramerton, North Carolina 28032 Attention: Town Manager Catawba Riverkeepers  Attention:  14. Severability and Duration. If any provision of this Agreement is deemed or declared illegal, unenforceable or invalid, such provision will be read out of this Agreement, and will not affect the validity of any other provision or give rise to any cause of action of the parties against the other, and the remainder oft this Agreement will be valid and enforced to the fullest extent permitted by 15. Waiver. Any waiver at any given time of any term or condition ofthis Agreement, or the failure to take action with respect to any breach of any such term or condition, willi not be deemed to be a waiver ofthe term or condition with regard to any subsequent breach oft the term or condition, or 16. Modifications. This Agreement may be modified, altered or amended only by written agreement  law.  of any other term or condition of the Agreement. executed by Town and Grantee.  37    17. Governing Law. This Agreement shall be governed in all respects, including as to validity, interpretation and effect, by the internal laws oft the state ofNorth Carolina, without giving effect to the conflict ofl laws and rules thereof. The language in all parts ofthis Agreement will be, inall cases, construed according toi its fair meaning and not strictly for or against Town or Grantee. 18. Waiver of Jury Trial. The Parties waive trial by. jury in any action, proceeding or counterclaim brought by or against the other with respect to any matter arising out of or in connection with this 19. Relationship. The parties agree that neither any provision of this Agreement nor any act of the parties shall be deemed to create any joint venture relationship or other partnership agreement 20. Time oft the Essence. Time is of the essence for each oft the provisions oft this Agreement. 21. Counterparts. This Agreement may be executed in counterparts, each ofv which shall be deemed an original but all of which counterparts collectively shall constitute one. Agreement. Signatures may be exchanged by copy, or with original signatures to: follow. Each party shall be bound byi its own 22. Performance of Government Function. Nothing contained in this Agreement shall be deemed or construed to estop, limit, or impair Town from exercising or performing any regulatory, legislative,  Agreement.  between Grantee and Town.  copied signature and shall accept the copied signature oft the other party.  governmental or other powers or functions.  [The balance ofthis page is intentionally lef blank  5  38    IN WITNESS WHEREOF, the parties have executed this Agreement under seal in Cornelius, North  Carolina, as oft the Effectivel Date.  Catawba Riverkeepers  Signature of Authorized Representative  Date  Federal Identification #  Town of Cramerton  Signature of Authorized Representative  Date  This instrument has been preaudited in the manner required by the Local Government  Budget and Fiscal Control Act.  Signature of Authorized Finance Officer Date  By: [Town Manager] Date:  By:  [Grantee Executive Director]  Date:  39    I  S  E  40    E E S R 8 B  41    00 E  5 :  10 lB  42    2 -  E   5 : D B  00  43    OFCRART  TOWN OF CRAMERTON Manager's Report (for December 2021)  EST.  1915  TO: Town of Cramerton Board of Commissioners FROM: David Pugh, Town Manager DATE: January 20, 2022 RE: Managers Report (for December 2021) Introduction  The information below and attached documents are for the. January 2022 Cramerton Manager's Report. This represents a compiling of department information for the month of December 2021. Additional, more specific documents are indicated as "attachments".  Planning & Zoning  Planning & Zoning (con't)  Total Permits Issued December 2021: 16 Residential Permits: 5 *New Home Permits: 0 *Driveway Permit: 0 -Nonresidential Permits: 11  P&Z December 2021 Trends: Total permit requests were down 5% in 2021 over the previous year, with new home starts being down 5% over 2020. Thisi is primarily due to Courtyards at Cramerton, VCMI Phases 1A and 1B, and Villages at South Fork wrapping up new home starts during the year. Staff expects that 2021 will see an increase ini new home starts with the development of VCM Phases 1C, 1D,  *Home Additions: 4 Structures: 0  *Residential Interior Upfits:1 *Residential Accessory  Two Rivers Utilities -at temporary use permit was issued for the 1F, and 2E, Courtyards at New Hope, and Redhawk Phase 1 Two Rivers Utilities Regional Pump Station construction trailer off getting offt the ground. See detailed permit compilation  of Armstrong Ford Road. Construction trailers are allowed on construction sites provided that they are removed within 7 days of thei issuance of a Certificate of Occupancy for the project. Wharton-Smith, Inc. - a commercial demolition permit was issued for the former Masonic Lodge at 142 Eighth Avenue. The interior of the building is beinge gutted in anticipation ofa the demolition portion of the project has been permitted. RPS Select Motors - az zoning use permit was issued for an automobile dealership at 6000 Wilkinson Boulevard. The zoning use permit was, justt to establish the use for a new user. 82 zoning verification letters Written for property located on Market Street surrounding and including the Baker furniture building. The property owner requested individual: zoning verification letters for lending purposes. Code Enforcement: Please see page 4-5oft this report.  matrix, attached.  Public Works  1. Bulki item pickup-33 tons 2. Yard waste pickup-121 tons 4. Green can delivery-22 5. Litter pickup-20 bags 6. Appliance pickup-7 units 8. Pothole repairs-20 10. Replaced 4: street signs.  remodel to convert thes space into ar restaurant. At this time, only 3. Brown can delivery-24  property is currently being used as an automobile dealership; the 7. Leaf pickup-50 Loads  9. Dawson- - Poplar Cut back over hanging trees 11. Put up: and took down all Christmas decorations. 12. Patched former Masonic Lodge parking lot. 13. Cut back 18th Street right of way. 14. Cut back Market Street guardrail right of way. 15. Worked withi the rail road to repair the 8th avenue  underpass railing.  155) North Main St., Cramerton, North Carolina 28032  Phone: 704-824-4337  Fax: 704-824-8943 Page 1  44    Cramerton FD Report: December 2021 Start Date: 12/01/2021 End Date: 12/31/2021 DATE INCIDENT# 12/01/2021 2021-322 2119 Hampton Meadows LN  Basicl Incident Info with! Number ofF Responding Apparatus and Personnel for Date Range  ADDRESS  INCIDENTTYPE 500- Service Call, other agency 500- Service Call, other 111-B Buildingf fire 500- Service Call, other 143-Grassf fire 561- Unauthorized! burning agency 551- Assistp police or other govemmental agency agency 111-Buildingf fire 311- Medicala assist, assist EMS crew unintentional INCIDENTTYPE 611- Dispatched8 & cancelled enn route  SHIFT  ZONE Cramerton- Townof Cramerton Cramerton- Town of Cramerton MA-Mutual, Aid Cramerton- Townof Cramerton Cramerton- Towno of Cramerton Cramerton- Townof Cramerton Cramerton- Townof Cramerton Cramerton- Towno of Cramerton Cramerton- Towno of Cramerton MA- Mutual Aid MA-Mutual/ Aid Cramerton- Towno of Cramerton MA-Mutual/ Aid MA- Mutual Aid Cramerton- Townof Cramerton Cramerton- Townof Cramerton Cramerton- Townd of Cramerton ZONE Cramerton- Townof Cramerton MA- Mutual Aid Cramerton- Cramerton Townof Cramerton- Town of Cramerton Cramerton- Townof Cramerton MA- Mutual Aid McAdenville- Towno of McAdenville Cramerton- Towno of Cramerton McAdenville- Town of McAdenville McAdenville- Town of McAdenville McAdenville- Town of McAdenville Cramerton- Townof Cramerton Cramerton- Townof Cramerton  #APP. #PERS. 1 2 2 2 1 2 2 5 4 10 1 2 2 4 2 5 2 5 1 3 1 2 1 2 3 7 1 3 4 13 1 2 1 2 #APP. #PERS. 1 2 1 7 1 1 1 1 1 2 2 12 1 3 1 2 1 2 1 3 2 4 1 2 2 4 TOTAL#I INCIDENTS:30  12/01/2021 2021-323 SOUTHFORKI VILLAGEDR 311- Medicala assist, assist EMS crew 12/02/2021 2021-324 6131 WILKINSONBLVD 551- Assistp police ord other govemmental  12/02/2021 2021-325 CRAMERMOUNTAINI RD  12/02/2021 2021-326 12/03/2021 2021-327  70 FOURTHST 236 EIGHTHAVE  12/03/2021 2021-328 5347 WILKINSONBLVD 322-Motor vehicle accident withi injuries 12/06/2021 2021-331 6014 NEWHOPE! RD 611- Dispatched & cancellede enr route 12/06/2021 2021-333 2119 HAMPTONI LN MEADOWS 550- Public service assistance, other 12/07/2021 2021-335 1631 LOWELL BETHESDA 551-Assistp police or other govemmental  12/04/2021 2021-329 519 CRAMERTONRD 12/05/2021 2021-330 3471 SHADY COVECT  12/06/2021 2021-332 12/06/2021 2021-334  CRAMERTONRD 551- Assist police or other govemmental  505 MAINST RD 200 DAVISLN ADDRESS 289 BEAMRD  12/07/2021 2021-336 384 WASHINGTONST  12/09/2021 2021-337 DATE INCIDENT# 12/12/2021 2021-340 12/13/2021 2021-342 12/18/2021 2021-345 12/18/2021 2021-346 12/21/2021 2021-348 12/21/2021 2021-349 12/25/2021 2021-350  12/11/2021 2021-338 1016 OLDCHESTNUTWAY 743- Smoke detector activation, nof fire- 12/11/2021 2021-339 102 HIDDENPASTURESDR 311- -Medical assist, assist EMS crew 12/13/2021 2021-341 5800 WILKINSONBLVD 611- Dispatched & cancellede en route 12/16/2021 2021-344 601 CRAMERMOUNTAIN 324- Motor vehicle accident with no  SHIFT  101 LAKEWOODRD 611- Dispatched&c cancellede enr route 144 WESLEYANDR 311- Medical assist, assist EMS crew  RD 828 GROVESST 100 MAINST 100 MAINST 205 WRIGHT ST  injuries. 611- Dispatched8 & cancellede enr route 500- Service Call, other 611- Dispatched& cancelled enr route 740-1 Unintentional transmission of alarm, other 311- Medical assist, assist EMS crew 311- -Medicala assist, assist EMS crew 500- Service Call, other  12/21/2021 2021-347 217 MAYSMILLSDR  12/27/2021 2021-351 5128 NEWPORTLANDING WAY 12/27/2021 2021-352 CRAMERMOUNTANRD  1551 North Main St., Cramerton, North Carolina 28032  Phone: 704-824-4337  Fax: 704-824-8943  Page 2  45    Cramerton Police Department  CRAMERTON POLICE DEPARTMENT MONTHLY REPORT: December, 2021  JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTALS 6 13 10 5 17 20 18 24 10 12 7 11 10 14 17 14 24 28 25 28 24 30 16 29 259 5 2 6 6 11 12 8 6 9 8 5 11  ARREST TOTALS DWI ARRESTS CASE TOTALS Larceny Breaking & Entering Drug Offenses Assaults Fraud TRAFFIC CITATIONS License Vios. Registration Vios. Restraint Vios. Speeding' Vios. Unsafel Movement Other Traffic TRAFFIC CRASHES  153 27 89 0 1 0 3 0 18 7 3 0 1 1 31 5 2 5 2 1 27 1 1 4 2 1 21 395 3 104 0 0 1 11 9 102 0 0 0 0 0 0 1 9 7 31 9 163 1 2 0 5 1 1 0 20 168  0 3 0 0 4 1 3 2 4 1 3 3 1 1 5 5 0 1 1 0 3 2 5 1 1 1 3 1 2 3 18 29 27 5 1 0 1 0 0 0 0 1 0 0 0 0 1 1  1 0 4  5 2 4 4 2 0 2  48 84 56 13 35 21 29 8 11 15 54 21 14 25 14 5 11 6 5 5 2 5 9  0 1 3 5  12 25 14 2 21 11 21 1  1 0 0 0 2 2 2 2 0  11 14 15 11 11 20 14 14 11 16 21 10  -  Parks & Recreation  ***See attached Cramerton Parks and Recreation Annual Report for 2021***  1551 North Main St., Cramerton, North Carolina 28032  Phone: 704-824-4337  Fax: 704-824-8943  Page 3  46    Monthly Enforcement Summary  January 2022  Total active cases: 3 Resolved Cases:8 Signs collected from the ROW:46 Golf Cart/UTV Inspections:1 Highlights:  545 Baltimore Drive: On 10/13/2021 Staff received a compliant in regards to a minimum housing case. Action: Did my re-inspection on 12/15/2021. All items were brought into compliance with the Town's Minimum Housing Ordinance. Case is closed. 105) Riverside Dr: On 11/03/2021 Ir noticed that the property was overgrown and out of compliance. Action: On 12/14/2021 The Town's contractor cut the property to bring the property into compliance. A letter was sent certified mail for the amount of cutting the property and the fine. Ifthe fine is not paid a lien will be put on the property by the Town  Update: RESOLVED  for cutting the grass. Update: RESOLVED  271-A Eighth AVE: On112321,Inoticed that the property was storing their trash can Action: On 12/10/21, Re-inspected the property and the trashcan is not being stored at  out by the: road after the pickup date. the road. Update: RESOLVED debris on the property. see improvements. Update: RESOLVED and out of compliance. Update: RESOLVED compliance. Update: RESOLVED compliance.  37Third St: On 11/03/21, I noticed that the property was overgrown and had junk and Action: On 12/08/21, Re-inspected the property all junk items have been removed and the grass has been cut. Also, the owner stated they are: remolding the house the Town will  7308 Gingham Dr: Onl 11/0921,Inoticed that the property had aj junk motor vehicle Action: On 120421,Re-inspected the property and the vehicle has been removed. 200 Front St: On 11/09/21,Inoticed that the property was overgrown and out of Action: On 11/27/21, Re-inspected the property and the property has been cut.  566 Baltimore Dr: On 11/2821,Inoticed that the property was overgrown and out of  155 North Main St., Cramerton, North Carolina 28032  Phone: 704-824-4337  Fax: 704-824-8943  Page 4  47    Action: On 12/13/21, Staffs sent a fine violation for high weeds and grass to the property  owner. Re-inspected on 01/0/2022 and the property has been cut.  Update: RESOLVED  547 Baltimore Drive: On 12/1321,Inoticed that the property had a lot ofjunk and debris. Sent the property owner a warning violation for the junk and debris. Action: On 12/13/21,Ispoke with the property owner and the owner about getting the property cleaned up. On 01/04/2022 Re-inspected the property and the property is  cleaned up. Update: RESOLVED  462 Eighteenth St: On 12/15/2021 1 inspected and started a minimum housing case on the property. Action: Spoke with the property owner about the house. He stated that he has scheduled to get the roofreplaced and is lining up a contractor to replace the  windows and siding as well fixing the crawl space. Update: Staffwill monitor the situation.  569 Baltimore Dr: On11/28/21, Inoticed that the property was overgrown and out of Action: On 12/15/21, Spoke with the property owner to contact me with plans to bring the property into compliance. II have not heard from the property owner. Will send a fine  compliance.  violation to the property owner. Update: Staff will monitor the situation.  414E Holly Dr: On 11/12/2021 Staff received complaints in regards to Junk Motor Action: I spoke with the property owner and he removed one vehicle and removed the boat from the right-of-way. We discussed extending some time to remove the one remaining vehicle due to the brakes being looked up. Ihave left two messages with the property owner and no response. Iwill be sending a fine violation to the property owner.  Vehicles and Right-of-way obstruction with al boat trailer.  Update: Staff will monitor thes situation.  155 North Main St., Cramerton, North Carolina 28032  Phone: 704-824-4337  Fax: 704-824-8943  Page 5  48    GRAMERTON PARKS AND RECREATION ANNUALF REPORTA ANDCOMPREHENSIVE FUNFACTSHEET ABYT THEN NUMBERSLOOKATY YOURERAIDNDPARTMENT N2021  YOUTH SPORTS IDGPATOPAI-3TOANES- RRZAPAETAUK-ARACTES- 220VOLUNEERCOACHES  GAMPS, GLASSES, CLINICS 7SPORTSCAMPS 15EDUCATIONO CAMPS 8C CLASSES 4LL'S SQUIRTS CAMPS 275TOTAL CAMPERS  SPEGIAL EVENTS MMBEAIF-ISBPAITPANT: HICHLIGHTS 1615KR RUNNERS- 10TREESPLANTED- 58FISHCAUGHT- 300CANDYBAGS DONATED-7 75PARADEE ENTRIES- 80UNIQUEV VEADES--IQOVOUNERS  PROGRAMS -32FREEY YOGACLASSES 282YOGIS -1.120SWMMERS- -2,021POOL VISITS --300CAFPADDLERS  168HANDV WRITTENLETTERS 88COMMUNITYA ARTC CONTRIBUTORS  FACILITY USAGE AUTASAIRPIEGNANE 272NDORFAGLIYISAGEA ANDPROGRAMS -IDOAONPROGRAAEDNOORFACLIYUSES 97RECREATONCARISMADE -700GOATINTHEB BOATITEMSSOLD  PARTNERS 7PRIVATEE BUSINESSES 7NONPROFITS 6LOCAL SCHOOLSA ANDCHURCHES -410VOLUNTEERS  FAGILITIES PLAYGROUDS- *11BALLFELDS BRIDGES  PARKS-BUMIEPABKS- 169AGREOFPARKA ANDOPENSPACE- 5PENCSHELTERS-3 GREENWAYSÉTRAILS- 11UNQUET TRALSEORENWAYS- -2.25MILESCFS SIDEWALK/STREET COANECTIONS-4 4MILESOFPAVEDT TRALSEGREENWAY- 475MLESCFNATURAL: SURFACET TRALS. INDOORFACILITIES- *SUNIQVEI INDOORFACILITES- 19,550SA.FI,- MAGIMNASINS SOUTHFORKR RIVER-2 2MLESUFRVERFRONTAGE- 6PIERS- BRNERACCESS- 2PEDESTRLN  49