TOWN OF CRAMERTON BOARD OF COMMISSIONERS WILL CAUTHEN, MAYOR DEMETRIOS KOUTSOUPIAS, MAYOR PRO-TEMPORE COMMISSIONER SUSAN NEELEY: COMMISSIONER DONALD RICE COMMISSIONER DIXIE ABERNATHY COMMISSIONER RICHARD ATKINSON BOARD OF COMMISSIONERS MEETING THURSDAY, OCTOBER 15, 2020 @ 6:00 PM CRAMERTON COMMUNITY CENTER 1Julian Street Cramerton, NC 28032 Citizens with disabilities requiring special needs should contact Cramerton Town Hall three (3) days *Note 1: Due to the COVID-19 (Coronavirus) State of Emergency and ordered restrictions in North Carolina during the month of October: 2020, this Cramerton BOC meeting will be at the Cramerton Community Center (1. Julian Street, Cramerton, NC 28032). Please note that this meeting will follow protocol per North Carolina groupgathering restrictions. All public are required to wear masks in **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 and on the door of prior to the meeting by calling 704-824-4337. Town facilities. 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) 5. Proclamations a. A proclamation recognizing October as Domestic Violence Prevention Month b. Ap proclamation recognizing October as Breast Cancer Awareness Month in in the Town of Cramerton. (page 4) the Town of Cramerton. (page 5) 6. Work Session a. Pre-Development Meeting: Presentation and discussion with potential developers (owners of Hampton Meadows Apartments) regarding the undeveloped parcel at the corner of Hampton Court and Cramer Mountain Road (parcel ID# 196315). (pages 6 to 12) 7. 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. Budget Amendments for fiscal year (FY)2020-2021 Budget Amendments #2021-01; #2021-02; #2021-03,#2021-04 (pages 13 to 15) 1 8. Old Business a. Planning & Zoning i. NewStyle Developers Rezoning Consideration 1. Action Item: Consider approval of the request from NewStyle Communities, Inc. to rezone approximately 13.42 acres off of S. New Hope Road for a single family age restricted development. This rezoning request would allow for 37 single Note: This action is being taken in accordance and compliance with NC Law. The Cramerton Board held the official public hearing for the NewStyle Developer's rezoning request at the October 1, 2020 meeting, and has waited at least 24 hours to consider adoption. Cramerton has also continued to take public comment on this item and will read any additional comments into the record 2. Action Item: Consider adopting a consistency statement regarding the NewStyle Developer's Conditional Rezoning family detached homes. (page 16) on this section of the agenda. request. (page 17) 9. Agenda Items NOT Requiring a Public Hearing a. Planning & Zoning . Presentation for RiverLink Greenway (Temporary) Connector ("information presented at the meeting) ii. Town Ordinance Revisions 1. Garbage and Recycling Bin Location (pages 181 to32) Action Item: Consider adopting the recommended staff language changes to the Town Ordinance. 2. Solid Waste Ordinance Revision b. Board of Commissioners . Cramerton Signs Phase 2 Bids 1. Action Item: Review and consider directing staff to move forward with the next phase of Wayfinding Sign Bids and the additional fund balance allocation for the project. (pages 26 to 1. Action Item: Consider appointment of a Community ii. Cramerton Community Committee (pages 33 to 55) Committee alternate position. 10.BIG BOARD (pages 56 to 59) 11.Manager's Report a. COVID-19 (Coronavirus) - Verbal Updates (pages 60 to65) 12. General Staff Reports (as needed) Update from Two Rivers Utilities, Mr. Mike Bynum Additional updatel reports from Department Heads (ifneeded) 2 13. Topics of Discussion for Each Commissioners 14. Closed Session a. Closed Session i. [N.C.G.S. 143-318.17(a)2) To prevent the premature disclosure of an honorary degree, scholarship, prize, or similar award. ii. [N.C.G.S. 143-318.11(a/3)) Consult with the attorney to protect the attorney-client privilege. 15. Adjournment Upcoming BOC Meetings - Thursday, November 5th @6pm (held via Zoom) - Thursday, November 19th @6pm (held via Zoom) 3 3 CRAM MAYORAL PROCLAMATION IN RECOGNITION OF OCTOBER 2020 DOMESTIC VIOLENCE AWARENESS MONTH WHEREAS, domestic violence impacts our families, homes, communities, schools, and workplaces on a daily WHEREAS, ending violence in the home, at work, and in the community requires vigilance and dedication from WHEREAS, while physical marks may often be the most obvious signs ofharm cause by domestic violence, the WHEREAS, victims not only face abuse, but often find themselves left with significant financial insecurity and WHEREAS, in 1987, thel National Coalition. Against Domestic Violence (CADV) observed the first Domestic Violence Awareness Month, the same year that the first national toll-free hotline for domestic violence victims was WHEREAS, Domestic Violence Awareness Month evolved from the Day ofUnity observed in October of 1981 by WHEREAS, during the month of October, victim-advocate groups, centers, service workers, and many other organizations come together to connect those who work to end violence, and to celebrate those who have survived, WHEREAS, it is critical that those seeking help or services have access to proper care and treatment; and WHEREAS, Domestic Violence Awareness Month is an opportunity to stand with domestic violence survivors to celebrate the progress made in combating these crimes, and to recommit to reducing domestic violence in North NOW, THEREFORE, AS MAYOR OF THETOWN OF CRAMERTON, IHEREBY PROCLAIM the basis; ;and every part of our society; and true extent of the pain goes much deeper; and children who witness domestic violence often experience lifelong trauma; and established; and CADV; and and mourn those who have died because of domestic violence; and Carolina. Town'sr recognition oft the month of October as Domestic Violence Awareness Month. Adopted this the 15th day ofOctober 2020. William A. Cauthen, Mayor SEAL ATTEST: Wilene L. Cunningham, Town Clerk 4 Di CMARTA MAYORAL PROCLAMATION INI RECOGNITION OF BREAST CANCER AWARENESS FOR THE MONTH OF OCTOBER EST. 1915 WHEREAS, breast cancer affects hundreds of thousands of women and thousands of men WHEREAS, breast cancer: is typically detected either during a screening examination, before symptoms have developed, or after symptoms have developed when a man or woman feelsa WHEREAS, breast cancer is about 100 times more common in women than men, and women WHEREAS, breast cancer is often hereditary, and individuals whose family history puts them at increased risk for breast cancer should discuss with their doctor or qualified health professional WHEREAS, since the early 1990's, the pink ribbon, handed out and spread by the Susan G. Komen Foundation has been the symbol for the fight against breast cancer; and WHEREAS, October is Breast Cancer Awareness Month, an opportunity to increase awareness ofthe disease and to encourage individuals to have aj plan to detect the disease ini its early stages; WHEREAS, it is vital that those affected by breast cancer have access to quality, affordable care, and that research ofall forms of breast cancer continues to be vigorously supported; NOW,THEREFORE, AS MAYOR OF THE TOWN OF CRAMERTON, IHEREBY PROCLAIM the Town'si recognition of Breast Cancer Awareness for the month of October. annually; and lump; and are at increased risk as they get older; and the proper prevention and early diagnosis strategies; and and Adopted this the 15th day of October 2020. William A. Cauthen, Mayor SEAL ATTEST: Wilene L. Cunningham, Town Clerk 5 CRAREA TOWN OF CRAMERTON EST. 1915 Manager Memo RU TO: Town of Cramerton Board of Commissioners FROM: David Pugh, Town Manager DATE: Thursday, October 15, 2020 Information/! Background RE: Pre-development Meeting re. Undeveloped Property (Parcel ID# 196315) The property owner of undeveloped parcel ID# 196315, located at the corner of Hampton Court and Cramer Mountain Road (pictured below outlined in blue), has requested a pre-development meeting to come before the Cramerton Board of Commissioners. The property owners (Mr. Llaneza) recently requested a zoning permit on October 2, 2020 to establisha a contractor storage The zoning permit request was denied due to the determination that the parcel, zoned as Industrial-Conditional Use District (I-CUD), was included with the Hampton Meadows parcel (ID #196315) to increase the multifamily development allowed on that parcel; however, no usesor yard (specifically to: store and sell pools). densities were established to the triangular parcel at that time. Perspective/ Recommendation Listen to the pre-development presentation by the property owner. No decisions need to be made by the BOC: at the meeting. The property owner has been made of aware of options post-denial letter, which include appealing the denial letter OR: a rezoning of the property. 1551 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 6 OF, CHAMAPSN est. 1915) October 5, 2020 Frank Llaneza 1112 Lost Oak Road Charlotte, NC 28270 Re: Zoning Permit request for 100 Hampton Court, Gaston County Parcel ID# 196315 Mr. Llaneza, Ihave received your request for a zoning permit dated October 2, 2020, to establish a contractor storage yard at 100 Hampton Court, Parcel ID# 196315. The property in question is zoned I-CUD, which indicates that the zoning district was approved as a Conditional Use District. After exhaustive research, have found that this property was rezoned by the Town of Cramerton Board of Commissioners on November 3, 1997. The original zoning designation was 1/0, Office-Institutional District, and the applicant, Mike Walsh of MLK Partners, Ltd., requésted thatt the property be rezoned tol I-CUD, Industrial-Conditional Use District, for the sole purpose of increasing the allowed multifamily density permitted at the Hampton Meadows apartment development. The Board of Commissioners voted to approve this request, with conditions on the property owner to provide a landscaping plan and to construct a sidewalk along Eighth Avenue. Reading through the files associated with this project, Icould find no indication whatsoever that any additional uses in the I, Industrial District, were added to this I- CUD District. Furthermore, the only multifamily development that was ever constructed as part of thisl- Given this information, iti is the determination of the Town of Cramerton Planning Department that the I-CUD District was approved for the sole use of multifamily development, and that the multifamily development was intended for Parcel ID# 196317. No additional uses or densities were prescribed for Parcel ID #196315 at the time of the rezoning in 1997. With that said, staff has no other option than to deny your request fora a zoning permit to establish the use of a contractor storage lot. In order to establish a use on this property, the property owner would need to submit a rezoning request to establish either a general district or conditional district zoning on the property. Under the existing I-CUD CUD District was on the adjacent parcel, Gaston County Parcel ID# 196317. district, the property effectively has no approved uses or densities. 155 North Main Street Cramerton, NC 28032 704.824.4337 www.cramerton.org 7 OF CHAMANPSN est. 1915) Attached you will find as scanned copy of the minutes from the November 3, 1997 Board of Commissioners meeting where thel I-CUD rezoning request was approved, as well as a screen shot from the Town's Zoning Map showing the I-CUD district that was established by this rezoning request. Please let me know ify you would like tos set upa an appointment to review the rezoning process. We look forward to working with you to establish a zoning district on this propertyt that isi in harmony with the Town's adopted plans for this area. Respectfully, Oplal aldtog Jgshua Watkins, AICP Planning Director Town of Cramerton 155 North Main Street Cramerton, NC 28032 704.824.4337 www.cramerton.org 8 MINUTES TOWN OF CRAMERTON BOARD OF COMMISSIONERS Held on Monday, November3,1 1997, 7:00PM, Cramerton Town) Hall. The regular monthly meeting of the Board of Commissioners of the Town ofCramerton was held at Cramerton' Town! Hall, on! Monday, November 3, 1997, at 7:00PM. Mayor Joyce M, Boiter, Mayor Pro Tempore Jeffrey K. Ramsey, Commissioner Willie L. Carter, Commissioner Powell W. Kidd, Commissioner G. Lamar Baker and Commissioner William T. Blackman, Jr. The meeting was apened by prayer, offered by Rev. David Julen ofFirst Baptist Church, and thel Pledge of Allegiance to thel Flag was offered bya all. Mayor Boiter called the meeting to order. Commissioner Blackman made the motion, seconded by Commissioner Baker to approve the agenda. Mayor Boiter opened the Public Hearings on Zoning Reclassification a. Bell South Mobility DCS requesting tor reclassify the southeast corner of lot 15-057-089 from B-1 (Neighborhood Business) to I-CUD (Industta-Condtional Use District) to permit the installation of a 1. Todd Morgan of 2550 W. Tyvola Road, Çharlotte NC, presented 2. Bob Hooper, 507 Maymont Dr. Cramerton asked a question concerning the 1% integrity of the tower and why 80 miles per Owners of the property at 3804 South New Hope Road (Lot 15-057- 093) to reclassify the property from B-1 (Neighborhood Business) to B-2 (General Business) so that they may extend their mini-storage facility at 3808 Southl New Hope Road (Lot 15-057-093-03). NOONET TO1 PRESENTNOONE: TOOPPOSE. C. Mike Walsh (MLK Partners, Ltd.) requesting that property at 100 Hampton Meadows Court be reclassified from I-O (Ofice-Institutional) tol I-CUD (Industrial-Condiional Usel District) toi increase the allowed 1. Doug Arthurs, attorney forl MLKI Partners, Ltd., presented the 2. Harrill. Jones 201 Flatrock Pastures Dr., Cramerton, said thisis amistake that should have been prevented. The town should be more çarefuli in approving and monitoring development were present. The vote was unanimous in favor ofthe motion. Requests: telecommunication tower. ther request for BellSouth) Mobility DCS. hour wind was used ast thet test.. multi-family development density. request. activities. 9 3. Randy Hensley, 291 Twelfth St., Cramerton, was concerned about the traffic problem already inj place asi far as the close 4. Cathy Biles, 600 Maymont Dr., Cramerton, suggested that maybe the parking lot could possibly be made smaller. Mayor. Boiter asked the planning board to retire to consider the applicants' information and public comment. Mayor Boiter also asked the planning board to prepare a recommendation: for the Board of Commissioners on each application. Thej planning board then retired to their boardi room. Commissioner: Blackman made the motion, seconded by Commissioner Baker, to approve the consent agenda. The vote was unanimous! ini favor ofthe Approval oft the Minutes from October 6, 1997, Board Meeting and October a. Approval of Mutual Aid Agreement with Division of Emergency Management of the North Carolina Department of Crime Control & b. Approval of Resolution requesting the Division of Community Assistance to more equitably allot the Small Cities CDBG funds. Approval of Resolution to urge the Gaston and Lincoln County Commissions to protect thel Mountain. Island] Lake watershed property. d. Approvai of Resolution to withdraw the Commission's March 12, 1990, Resolution Closing the Roads on Cramer Mountain. Commissioner Baker, made the motion, seconded by Commissioner Blackman, to approve the establishment of the position of interim receptionist/clerk, a new administrative position for General Government with the salary range of $17,500.00 to $26,500.00 annually, and to fund the position through an amendment to the 1997-98 Budget ordinance. The vote proximity of one-lane underpass. motion, Consent Agenda: 16, 1997, Special meeting. Public Safety. was unanimous ini favor ofthe motion. GENERAL. DISCUSSIONANANDPUBLIC COMMEN?: Mr. Harrill Jones, 201 Flatrock Pastures Dr., Cramerton expressed the a. DIsappointment in the Board for releasing information on Cramer He said it was unfortunate that someone wants to undermine Cramer Thisi is another example of pitting town proper against the residents of Mayor Boiter asked Planning Board Chairman, Sandra Ware, for recommendations resulting from the planning meeting regarding the public a. BelISouth. Mobility DCS: Recommendation io approve. b. Property at 3808 S. Nevp Hope Rd: Continued until December 1, MLK Partners, Ltd.: Recommendation to be approved contingent upon approved landscaping plan toi insure proper buffering. During the ensuing discussion Charles Robinson, Zoning Administrator, recommended to the Board of Commissioners to consider modifying the recommendation ont the BelISouth Mobility DCS application and to reclassify the area to B-3 allowing telecommunications towers of 190 feet or less as" a following: Mountain. Roads. Mountain, the mountain. hearings. They are as follows: 1997. conditionaluse. 2 10 Commissioner Blackman made the motion, seconded by Commissioner Kidd, to approve the reclassification oft the southeast corner of lot 15-057- 089 from B-1 to B-3 allowing teleconunications towers of 190 feet or less asaconditiona! use. The vote was unanimous ini favor ofthe motion. Commissioner Kidd made the motion, seconded by Commissioner Baker, to accept the continuance of the request ofthe property at 3808 S New Hope Road as requested by the planning board. The vote was unanimous in Commissioner Blackman, made the motion, seconded by Commissioner Kidd, to approve the request of1 MLKI Partners, Ltd to reclassify the property at 100 Hampton Court from 0-I to I-CUD. to. increase the allowed multi- fanily development. density with the condition that aj four-feet wide sidewalk to be constructed along the property's Eighth Avenue frontage and contingent upon board approval of a landscaping plan to insure the proper buffering. The vote was unanimous in favor of the motion. Commissioner Kidd made the motion, seconded by Commissioner Baker, to adjourn the meeting. The vote was unanimous in favor oft the motion. favor ofthe motion, Adjournment: 8:50 PM. Cathy AL Scarlett Ashel Rhinehart Town Clerk oRis MINUTES NOVEMBER 8, 1997 CRAMERTON BOARD OF COMMISSIONERS MEETING 3 11 rS MAMPTON MEADOWS LN 3 z 12 Town of Cramerton Memo To: CC: From: Date: Re: Board of Commissioners David Pugh, Town Manager Joel Lineberger, Finance Director 10/12/2020 Consent Agenda Item for 10/15/20 meeting Attached for Board consideration are Budget Amendments #1 thru #4 with al brief explanation Proposed Amendment #1. This proposed amendment is to provide funds int the current fiscal year for the Goat Island playground repairs previously budgeted fore expenditure in FY'20. The repair project was accomplished after 6/30/20 and budgetary authorization is needed for the Proposed Amendment #2. This proposed amendment somewhat similar to #1 above is to ProposedA Amendment #3. This proposed amendment provides budgetary authorization for the retum of excess project funds to the general fund. Town originally funded $404,000 and Proposed Amendment #4. This proposed amendment provides funding for non-recurring ofeach: expenditure in the current fiscal year. provide funds for three outstanding purchase orders at 6/30/20. subsequently received additional funding resulting int the excess. vehicle repairs paid from insurance proceeds. Conclusion and Recommendation: by the adopted FY 20-21 budget, 2021 be approved. Approval oft these amendments will provide funding fort the expenditures not otherwise provided Itis recommended that these proposed budget amendments for fiscal year ending June 30, 13 Town of Cramerton Budget Ordinance Amendments Fiscal Year Ending June 30, 2021 BEI IT HEREBY ORDAINED by thel Board of Commissioners that the Budget Ordinance ofJune 25, 2020 is hereby Section 1.The following amounts are hereby appropriated for operations ofthe Town of Cramerton and its activities amended as follows: for the fiscal year beginning. July 1,2020 and ending June 30, 2021 ass shown below: Account 10-6120-350 10-3991-991 Debit $58,300.00 Credit $58,300.00 #1 Recreation-Parks & Trails Expenses Fund Balance Toj provide funds for Goat Island playground repairs budgeted as $50,000 in FY' '20 with work accomplished and invoiced in FY'21. Additional amount for Brock Pad replacement and General Goverament-Non-Captal Building Repairs Recreation-Parks & Trails Expenses General Goyermment-Capital Outlay-Other To fund 6/30/20 outstanding purchase orders budgeted in FY' '20 not completed and to be spent in) FY'21 Town Hall glass partition, mulch & tree removal, andj parking 29/74 Greenway -Transfer to General Fund Due from 29/74 Greenway CP Georgia sales tax on materials. #2 10-4120-351 10-6120-350 10-7000-150 10-3991-991 $1,925.00 $3,150.00 $3,800.00 Fund Balance $8,875.00 lots survey respectively #3 63-4700-900 $235,000.00 63-2960-000 10-1160-046 $235,000.00 10-3896-976 Due to General Fund $235,000.00 $235,000.00 Transfer from 29/74 Greenway CP To authorize least amount anticipated to be available for return to the General Fund from: remaining project funds upon project close out with NCI DOT Insurance Proceeds #4 10-3839-100 $6,700.00 Police-Non-receurring Vehicle Repairs 10-4310-354 Pub Wis-Non-recurring Vehicle Repairs 10-4510-354 $4,150.00 $2,550.00 To recognize first quarter insurance proceeds with corresponding increase to vehicle repair accounts. Amounts are net of applicable deductibles 14 Budget Amendments #1 thru #4 preceeded this page Section 2. Copies of this amendment shall be provided to the Town Finance Officer and' Town Clerk to be kept on: file by them for the direction and disbursement ofTown funds. ADOPTED and effective this the 15th day of October, 2020. William Cauthen, Mayor ATTEST: Wilene Cunningham, Town Clerk 15 OFCRAR AN ORDINANCE TO AMEND THE ZONING MAP OF THE TOWN OF CRAMERTON WHEREAS, after proper notification, a Public Hearing was held before the Town of Cramerton Board of Commissioners on October 1, 2020, to consider the rezoning of WHEREAS, after consideration oft the comments at the public hearing and other relevant information the board has determined that the requested rezoning should be approved as NOW THEREFORE BE. IT ORDAINED by the Town of Cramerton Board of Commissioners that the official zoning map reflect the change oft the above referenced parcel number 188811; and, presented. parcels to CZ with reference to case file RZ20-01. Adopted this the 15th day ofOctober, 2020 Will Cauthen, Mayor ATTEST: Wilene Cunningham, Town Clerk APPROVI ED AS TO FORM: Karen Wolter, Town Attorney 16 CRARE ST. 191 TOWN OF CRAMERTON STATEMENT PERTAINING TO THE REASONABLENESS AND CONSISTENCY OF A PROPOSED WHEREAS, the Town of Cramerton Planning and Community Development Department received a request from NewStyle Communities, Inc. to rezone property identified by WHEREAS, this request was subject to Public Hearing before the Town of Cramerton WHEREAS, the Town of Board of Commissioners has determined that the proposed request is not reasonably consistent with the intent of the Town of Cramerton Comprehensive Land Use Plan, but is consistent with the development pattern established in this area. The Future Land Use Plan recommends Business Park/Light Industrial uses int this area, but is directly adjacent to the Planned Mixed Use component oft the Land Use Plan. The uses shown on the site plan would be compatible with the Planned Mixed Use component, are compatible with the single family residential uses to the north and east. WHEREAS, in accordance with the provisions of North Carolina General Statute 160A- 383, the Board of Commissioners does hereby find and determine that the adoption ofa an ordinance rezoning the following described property is not consistent with the adopted Comprehensive Land Use Plan but that the adoption of an ordinance rezoning the following described property is reasonable andi in the publici interest due to its consistency with the established development patterns of the adjacent property to the north and east NOW, THEREFORE, BE IT RESOLVED, on the basis of the foregoing findings and conclusions, that the Town of Cramerton Board of Commissioners moves that the request ZONING MAP AMENDMENT Parcel ID # 188811 from B-1 to Cramerton CZ; and, Board of Commissioners on October 1st, 2020; and; of the proposed development. for rezoning be approved. Mayor ATTEST: Town Clerk 17 BWS Bringewatt, Wolter&Snover: DATE: October 15,2020 TO: Cramerton Board of Commissioners RE: Revisions to the Solid Waste Ordinance, Chapter 92.001 - 92.099 (the "Ordinance") On September 17, 2020, the Town staffs submitted to the Board revisions to the Town's Solid Waste Ordinance. After receiving board comments at that meeting, staff! has done the following: brainstormed" "citizen impacts" andl how to reduce those impacts while achieving the goals oft the revision; reviewed our contract with Waste Management to ensure consistency between our ordinance and our contract; and reviewed ordinances/laws in other jurisdictions. Attached is thes staff's proposed final draft fort the Board'sr review and consideration. Tor recap, the purpose for ther revision is 1) to update the ordinance to reflect current town! practices; 2) toj provide flexibility to services and business practices as the Town grows; 3) to address some: specific issues with our 1. Material Changes to the Ordinance: Attached for your convenience is the memorandum from September collection process some that are town-wide and others that are resident specific. 17, 20201 that sets out the material changes to the Ordinance. 2. Impacts on Citizens: 99% of the changes to the Ordinance should be invisible to 99% of residents andi require no change to their solid waste routine. The reason for this is that the material updates to the Ordinance, fort the mostj part, simply reflect actual current townj practices. Moreover, the Town has extraordinary compliance with items like cart placement and tidy storage of trash in residential neighborhoods. The new ordinance does not require more care than what the vast Onei item that may affect otherwise compliant homeowners is the storage and placement ofy yard debris, including leaves. The Town has had as significant problem with leaves and yard debris being placed in drainage ditches and/or blocking streets and sidewalks. This occurs in several neighborhoods throughout Town. Thej problems include clogging and damaging storm drainage Avery small percentage of homeowners may need to change where they store their carts in order to comply with the new ordinance requiring storage near the primary structure on the property. Some people keep their carts by the road (no longer allowed); some keep them near majority ofresidents already take with their trash. systems and creating dangerous conditions on roads and sidewalks. outbuildings. 3. Other Commissioner Questions and Concerns What happens when citizen places improper items in trash ?: Waste Management is responsible for what gets collected in' Town andi is liable for any damage that occurs due to collection of improper items (including any spills or damage from hazardous materials). Karen Wolter Managing Partner PO Box 453 704.778.1146 Davidson, NC 28036 Karenebwanclaw.com 18 BWS Bringewatt, Wolter&Snover re How far from the curb shouldar receptacle bej placed: By contract, receptacles are to be placed Compliance: new ordinance requires compliance within 2 days ofwarning. Failure to comply within 51 feet of the street. results in escalating civil penalties. 4. Other Topics: Scheduling Concerns for leaves/yard debris/bulk pick-up: Cramerton is extremely unique in thati iti is one oft the very few towns that collect leaves/yard debris and bulk items on a weekly basis. The Town does not have a separate teamt that is solely responsible for collecting these items, but instead relies on the public works crew. As the Town has grown, thel PW crew is being stretched toj perform all tasks assigned to it. The new ordinance provides flexibility for the Town to manage collection practices in the most efficient and effective way. (For example, this work could be contracted to Waste Management who would be responsible fors scheduling.) Receptacles Blocking sidewalks/rights of way: Some, ifi not most of our problems related to receptacles blocking sidewalks and roads are caused by the trash collector, not the homeowner. Staff is working with Waste Management to change practices to reduce/solve this chronic Education: In lieu ofi issuing finesi immediately, Town staff will engage in an education program to inform residents of the changes to the Ordinance. Education related to storm water and thes storage of yard debris willl be conducted town-wide. Warnings ande education willl be utilized as well fori individuals that need to make changes to their cart storage habits. Staffwill usej judgment on whether a resident isi in compliance with the spirit oft the Ordinance in problem. circumstances where strict compliance is problematic. Karen Wolter Managing Partner PO Box 453 704.778.1146 Davidson, NC 28036 Karenebwsnclaw.com 19 BWS Bringewatt, WoltereSnover: September 17,2020 To: Board of Commissioners, Town of Cramerton RE: REVISIONSTOSOLD WASTE OROIANCE-CIAFTERA Chapter 92 $ 92.001 - 92.039 ofthe Code of Ordinances oft the Town of Cramerton governs the control, storage and collection ofs solid waste within Town limits (the "Ordinance"). Itl has come to the attention ofs staff and others that many aspects oft the current Ordinance are outdated and no longer consistent with the Town's practices. Accordingly, staffi is proposinga significant revision of the Ordinance. The material changes are listed below and ai redline draft is attached for your review. Section 92.001: Administrator authority is transferred to Town Manager; Minor changes to other definitions to ensure accurate and clear descriptions. Section 92.016 Section 92.031 Clarified that rights of way include storm drainage ditches This entire section is redrafted and new. The Town use to require each homeowner to provide his/her own receptacles. These are now provided by our contractor. This section provides information regarding use and care oft town or contractor owned receptacles. Section 92.032 This section was edited to conform to current practices of our Public Works department Clarified that loose leaves may not bej placed in the right ofv way - including storm Clarified regulations related to storage of containers and howl long containers may be left curbside. FOR DISCUSSION there are challenging lots and other hardships to Added backyard pick up for disabled residents with a doctor's certification. with regard to yard waste and tree trimmings. drainage ditches. consider prior to finalizing language. Karen Wolter Managing Partner PO Box 453 704.778.1146 Davidson, NC 28036 Karenebwanolaw.com 20 BWS New Section 92.032(A) Section 92.033 There was no language in the Ordinance that addressed recycle service. Section amended to comply with current Town practices. The Town does not collect ashes nor hypodermic instruments. Section 92.034 The list ofitems the Town will not collect has been increased and modernized to better reflect current practices and current health, safety and environmental practices. New Section 92.099 Staffi is considering whether the Ordinance should have its ownj penalty section. It could provide shorter warning periods and a quicker implementation of penalties for repeat violations. 21 GENERAL PROVISIONS $92.001 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context ABANDONED MOTOR VEHICLE. A vehicle that meets any of the following (1) Is left on public grounds or Town-owned property in violation ofal law or (2) Is left for longer than twol hours on private property withoutt the consent of the (3) Is left for longer thans seven days on public grounds. Town ASHES. Residue resulting from the burning of wood, coal, coke or other BUILDING MATERIALS. Any material such asl lumber, brick, plaster, gutters, fences or other substances accumulated as a result ofr repairs or additions to existing buildings, construction or new buildings or demolition of existing structures. BULK CONTAINER. Ar metal container designed for the storage of solidy wastes pending collection and constructed so thati it can be emptied mechanically by a solid waste collection vehicle. As usedi int this chapter, thet term alsoi includes ap portable BUSINESS TRASH. Any waste accumulation of dust, paper and cardboard, excelsior, rags or other accumulations, other than garbage or household trash, which are usually attendant tot the operation of stores, offices and similar businesses. CHRONIC VIOLATOR. A person who owns property whereupon, in the previous calendar year, the Town gave notice of violation of this chapter atl least three times CODE ENFORCEMENT OFFICER. The persons assigned by the Town Manager to carry out the duties ofe enforcing the code of ordinances for the Town. COMMERCIAL ESTABLISHMENTS. Any retail, manufacturing, wholesale, institutional, religious, governmental or other nonresidential establishment at which garbage ort trash may be generated. DEBRIS. Remains of anything broken, broken down, taken apart, damaged or destroyed including butr not limited tol litter or trash. ESTABLISHED DRIVEWAY. An area thati is paved, graveled, bare of vegetation or otherwise clearly indicative oft the areai thati is normally used for vehicles to enter onto or exitf from real property from ort to ap public or private street. GARBAGE. All solid wastes capable of being rapidly decomposed by microorganisms, including but notl limited to animal and vegetable wastes resulting from clearly indicates or requires a different meaning. conditions: ordinance prohibiting parking. owner, occupant orl lessee oft the property. combustible material. packing unit. under any provision of this chapter. 22 the! handling, preparation, cooking and consumption of food, as well as animal offal and HAZARDOUS REFUSE. Material such as cleaning fluids, crankcase oils, cutting oils, paints, explosives, acids, caustics, poisons, drugs, radioactive products, infected materials, offal, fecal matter and any other material meeting the definitions as setforth HOUSEHOLD TRASH. Every waste accumulation ofp paper, sweepings, dust rags, bottles, cans, cardboard, plastic, small pieces of wood, rubber, leather or other matter of any! kind, other than garbage andy yard trash, whichi is usually attendant to INDUSTRIAL WASTES. Ali wastes, including solids, semi-solids, sludges and liquids resulting directly from industrial, processing or manufacturing operations. JUNK. Worn out or discarded metal, old iron, usedp plumbing parts or fixtures, other metals, automobile parts, chains, copper, machines or parts ofr machinery, bottles, rags, tallow, hide, worn-out 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 andi mattresses not designed or JUNKED MOTOR VEHICLES. A motor vehicle that does not display a current (2) Cannot be self-propelled or moved ina ar manner in whichi ity was originally (3) Is more than five years old and appears to be worth less than $500. MOTOR VEHICLES. Any machine designed ori intended tot travel over land or water by self-propulsion or while attached to as self-propelled vehicle. PERSON. Any natural person, corporation, partnership, authority created by statute, association or other entity of combination thereof. PORTABLE PACKING UNIT. A metal, solid waste storage container that contains a packing mechanism and ani internal or external power unit. REFUSE. Solid waste accumulations consisting of garbage, household trash, yard trash and business trash as defined int this section. REFUSE. RECEPTACLE. Acontainer that meets the requirements of $92.031. SMALL DEAD, ANIMALS. Cats, dogs, small household pets and other animals of SOLID WASTES. Wastes thata are nongaseous and nonliquid (except that liquid wastes resulting from the processing off food are deemed solid wastes for the purposes carcasses, bute excluding sewage and human wastes. in40CFR2 261.3. housekeeping. manufactured for outdoor use. license plate andi that: intended tor move; or (1) Is partially dismantled or wrecked; or similar size. of this chapter). 23 SOLID WASTE RECEPTACLES. Bulk containers, refuse receptacles and yard trash TOWNI MANAGER. The Town Manager and or his designee is authorized to perform TREE TRIMMINGS. Waste accumulation of treeb branches, treel limbs, parts oft trees, leaves or other matter usually created as refuse int the care oft trees and bushes. WASTES. All useless, unwanted or discarded materials resulting from domestic, YARD. Land area immediately adjacent to the primary building on the premises. YARDS are broken into front, rear, and side. Front yards extend from the architectural front ofa al building to thet fronting street or ROW. Side yards extend from the sides ofa al building to a street ROW or property line. Rear yards extend from the back ofa al building to a property line or ROW. Ifthere is not al building on the property, YARD DEBRIS. Waste accumulation ofl lawn, grass and shrubbery cuttings or clippings, free of dirt, rocks, large branches and bulky or noncombustible material. YARD DEBRIS CONTAINERS. Securely sealed plastic bags, 32 gallon trash containers. the duties and responsibilities as proscribed in this Chapter. industrial, commercial or community activities. thee entire property shall be deemed the front) yard. containers or 4'x4' tarp. ('87 Code, S 11-1) (Am. Res. 2018-04, passed 5-17-18) $92.015 ACCUMULATION OF SOLID WASTES. intended to limit the generality oft thef foregoing. CONTROL OF SOLID WASTES (A) No person may cause, suffer or permit solid wastes to accumulate or remain on premises under his/her control excepti in accordance with the provisions of SS 92.030 through 92.099 of this chapter. The remaining divisions of this section are not (B). Itshall be ther responsibility oft the general contractor to see that all construction and demolition contractors keept the site in as reasonably clean and litter free condition as possible for a construction or demolition site. All loose debris, paper, building material waste, scrap! building materials and other trash produced by those working on the site shall be containerized or disposed ofi ina any other reasonable manner byt the contractor. Dirt, mud, construction materials or other debris deposited upon any public or private property as a result of construction or demolition shall bei immediately (C) All commercial establishments shall, particularly with respect to their loading and unloading areas, store their refuse ino containers so as to eliminate wind driven debris and litter in and aboutt thee establishments. Approved methods of containerization include refuse receptacles and bulk containers. Spillage and overflow shall be removed byt the contractor. immediately cleaned up by the establishment 24 (D) The person inp possession ofp property shall maintain the property, including sidewalks, grass strips, one-half of alleys, curbs or rights-of-way up to the edge oft the pavement of any public street, in a clean andl litter-free manner. (E) Parking lots shall be maintained by the person in possession in a clean, litter-free manner, with all trash generated therein containerized and prevented from spreading to adjoining property. Its shall be the responsibility oft thep person in possession oft the parking lot to collect the refuse and trash deposited on the lot and place this material in (87 Code, $1 11-2) (Am. Res. 2018-04, passed 5-17-18) Penaly.sees92999 Forspecial cleaning orr repairs and requirements, see $94.24 $92.016 DUMPING ORI LITTERING ON PUBLIC ORI PRIVATE PROPERTY. Asp provided in G.S. S 14-399, nop person may place, discard, throw, drop or deposit or cause tol be placed, discarded, thrown, dropped or deposited any solid wastes ont the (A) Any public street, sidewalk or storm drainage ditch within the Town or onany other public property, except in properly designated receptacles. (B) Any property not owned by him/her without the consent oft the owner, occupant or (87 Code, S 11-3) (Am. Res. 2018-04, passed 5-17-18) Penalty, sees $92.999 $92.017 CONTAINERS REQUIRED TOI REDUCE LITTER. (A) Whenever the Town Manager determines that, because oft the nature ofa commercial establishment or because oft the type of activity that regularly occurs on any nonresidential premises, solid wastes are commonly or routinely deposited by the customers, employees, licensees ori invitees oft the premises onto the parking areasor other open spaces oft the premises or adjacent properties or streets, the Town Manager may require that the person inp possession oft the premises provide andl locate on the premises, in locations specified by the Town Manager to be necessary tor minimize the litter problem to the extentr reasonably possible and practicable under the circumstances. This section is specifically intended to apply, buts shall not be limited to, those establishments commonly known as fast food restaurants, strip shopping centers KB) The presumptions established byt this section are that, to satisfy the standard set forth in division (A) oft this section, one refuse receptacle for every 20 parking spaces or fraction thereof, with a minimum oft two receptacles per parking lot, will be required for establishments commonly known as fast food restaurants and convenience stores, and one refuse receptacle for every 30 parking spaces or fraction thereof, with a minimum of twor receptacles per parking lot, will ber required for establishments commonly known as containers serviced by the Town or ap private contractor. Cross-reference: following: lessee thereof. (C) Ina any stream or body of water. and convenience stores. Comns WI 25 strip shopping centers. However, these are only presumptive standards to guidet the discretion oft the Town Manager, and the Town Manager mayf find in any particular case that more or fewer receptacles are necessary to satisfy the standard set forth in division (C) Whenever premises served by bulk containers are required under division (A) of this section to locate on the premises other refuse receptacles for the use of employees, customers, licensees ori invitees, or whenever the other refuse receptacles are furnished voluntarily, the person inj possession oft thep premises shall collect the solid waste depositedi ini the containers andp place this material int the bulk containers serviced (D) No person ont the parking area or other open spaces of any premises where refuse receptacles are provided for the convenience of customers, employees, licensees ori invitees may place, discard, throw, drop or deposit or cause to be placed, thrown, dropped or deposited, any solid wastes ont the premises except in properly ('87 Code, S 11-4) (Am. Res. 2018-04, passed 5-17-18) Penalty, see $92.999 $92.018 TRANSPORTATION OF SOLID WASTES ANDI LOOSE MATERIALS. (A) No person may transport or cause to be transported any solid wastes on the public streets oft the Town unless thes solid wastes are so secured thatr no solid wastes escape: from the transporting vehicle. In addition, any garbage so transported: shall be carried in closed containers that prevent the escape of noxious odors orl liquids. (B) No person may transport or cause to! be transported ont the public streets oft the Town any loose materials capable of being easily blown or scattered or otherwise deposited ont the street or adjacent areas unless the materials are properly covered or secured to prevent escape from the transporting vehicle. This division (B) shall not (87 Code, $1 11-5) (Am. Res. 2018-04, passed 5-17-18) Penalty,see $92.999 (A) oft this section. by ap private contractor. designated receptacles. apply to the transportation ofp poultry orl livestock. STORAGE AND COLLECTION OF SOLID WASTES $92.031 SIZE, NUMBER AND TYPE OF SOLID WASTE RECEPTACLES (A)Every person owning or occupyinga a single and/or multi-family residential units shall store all garbage and refuse in containers, as specified herein, sO as to eliminate wind driven debris and unsightly litteri ina and aboutt their premises. (B)Each single-family unit shall use one 96-gallon rollout container, sO long as the containers are provided by the Town or its contractors. Additional containers, if needed, may be obtained, when supplies permit, by the payment of the monthly REQUIRED. 26 contract fee for residential service times the number of extra containers or as determined by the Town andlor is contractor. Additional containers shall bel limited tot two. Each container willl be assigned by and willr remain the property of the Town ori its contractor. Except by the Town or its contractor, the container shall not be (C)Containers shall be used for the purpose of holding regular household type refuse. No items such as sticks, yard clippings, leaves, nor items listed in Section 92.034 and the like may be placed in rollout containers used for garbage. (D)Stones, bricks, ironi items, and the like shall not be placed int the containers. (E) The Town will be responsible for repairing or replacing containers only for normal wear and tear. All other damage to the containers may be assessed against the property owner and/or tenant oft thep property. This policy shall also apply tor missing containers. Residents should callt the Town Hall when rollout carts need repairs. (F) Residents are requiredt to clean rollout containers when needed tol keep down odor After warning, violations of this section may result in penalties as spelled out in this moved from the residence where assigned. and insects. chapter. (87 Code, $1 11-17) (Am. Res. 2018-04, passed 5-17-18) $92.032 STORAGE. AND COLLECTION PRACTICES. (A) Premises served by bulk containers. Subject to the remaining provisions of this chapter, all premises served by bulk containers shall be subject tot the following (1) The size, type and location of bulk containers shall be approved in writing by the Town Manager after consultation with the owner oft the premises concerned. In making this determination, the Town Manager: shall consider the needs oft the occupants oft the premises, the welfare oft the occupants and neighbors. (2) All bulk containers shall be cleaned by the owner periodically to minimize offensive odors, and the tops or openings to alll bulk containers shall be kept closed at all times pending collection. Ina addition, all bulk containers shall at all times be kept (by the owner) clean, neat, painted andi ina ag good state of repair. (3) The Town shall notp provide service to bulk containers. (4) Household furniture and appliances, small dead animals, cardboard boxes and cartons will be collected only pursuant to the provisions ofs 92.33. (B). Premises not served by bulk containers. Subject to the remaining provisions of this chapter, all premises not served by bulk containers shall be: subject tot the following requirements: (87 Code, $1 11-18) requirements: 27 (1) Pending collection by the Town, garbage, household trash and business trash (a) All garbage, household trash and business trash shall be stored only in appropriate refuse receptacles as set forthi in S 92.31 and the receptacles shall be covered at all times with tight-fitting covers or, int the case of plastic! bags, shall bei tightly (b) Garbage shall be bagged in a plastic bagy with sufficient wall strength to maintain their physical integrity while being! lifted by the top when the weight oft the bag and its contents equals 35 pounds. Any liquid waste, such as grease, shall be sealedin its own separate container before being placedi in the refuse receptacle. All bagged household garbage shall be placed in the refuse receptacle provided for pick-up. (c) All dangerous trash items anda all waste material ofa hazardous nature, such as broken glass, light bulbs, sharp pieces of metal, fluorescent tubes and television tubes shall be securely wrapped to prevent injury to the collection crews. (d) Garbage and household trash willl be collected by the Town ori its contractor. (e) No refuse shall be collected where refuse receptacles cannot be serviced by sanitation personnel without unlocking, opening or reaching over a door, gate or similar obstacle, encountering a porch, carport or garage, encountering a dog, or otherwise being denied reasonable access by parked vehicles, yard tools, equipment or similar (2) The Town may provide yard debris collection services. Pending collection, yard (a) Allyard debris shall be stored in securely sealed plastic bags, 32 gallon trash cans (and noti in Town Provided receptacles) or placed upon a 4x41 tarp, ands shall not (b) Yard debris storedi in compliance with (2(a)) above shall be placed at curbside, butr not blocking roads, sidewalks, or drainage ditches, on as schedule to be (3) The Town may provide tree trimming collection services. Tree trimmings shall be stored pending collectioni in conformity withi the following regulations: (a) Tree trimmings shall be placed at curbside, butr not blocking roads, sidewalks or drainage ditches, for collection by the Town on a schedule tob be determined by the (b) Not tree trunks, branches orl limbs larger thans six inches in diameter, longer thani five feet or heavier than 75 pounds shall be collected byt the Town. Piles may be no greater than 5'x5'x5 with no more thant two piles each collection period. (c) Tree limbs shall have protruding branches trimmed and shall be neatly stacked andp placedi in an orderly manner at curbside, but not blocking roads, sidewalks shall be stored in conformity tot thef following regulations: sealed. objects. debris shall be storedi in conformity with thef following regulations: exceed 75 pounds. determined by the Town. Town. or drainage ditches. 28 (d) Shrubbery trimmings and thorny vegetation shall be placed near the curbside, but not blocking roads, sidewalks or drainage ditches, in small, neat piles. All trimmings (e) The Town shall not collect tree and shrubbery trimmings resulting from work performed byl landscaping or tree service contractors or other commercial workmen or (4) Loose leaves may be placed pending collection near the street int the front yard, and may not be placed in right of way including drainage ditches, streets, sidewalks and (5) Refuse receptacles and recycle bins may be placed near the street on the evening prior to the following day collection butr noth blocking streets ors sidewalks. Refuse receptacles and all other containers or bins must be returned tot the principal structure andr neatly stored by 9:00 p.m. the day after pickup. (6) Disabled Provisions. Int the event a residenti is physically unable toy place the cart att the curbside, the resident may request and receive backyard pick-up with a doctor's (7) Receptacles or containers other than those described in S 92.31 may be. (8) Receptacles or containers weighing, when full, more than 75 pounds will not be collected by the Town. Small dead animals, household furniture and appliances, and cardboard cartons and boxes will be collected only pursuant tot the provisions of (87 Code, S 11-19) (Am. Res. 2018-04, passed 5-17-18) Penalty, see $92.999 The Town, at its discretion, may provide residential recycling service. Items subject to recycling shall be placedi in bins as provided by the Town and placed at curbside, butr not blocking streets or sidewalks, on designated collection days. Recyclable items include newspapers, magazines, cardboard (boxes must be broken down) cut to pieces not to exceed 36" "X36", "junk" mail, other paper, plastic milk jugs and other drink bottles, steel and aluminum cans. No other items shall be placed in recycling bins. This list may be changed from time to time with notice int the Town Newsletter and' Website. (A), Each single-family, unit shall use one 96-gallon rollout container provided by the Town or its contractors. Additional containers, if needed, may be obtained, when supplies permit, by additional payment as determined! by the Town ori its contractor. Additional containers shall be limited to two. Each container will be assigned and will remain the property of the Town ori its contractor. Except by, the Town or its contractor, the container shall not be moved from the residence where assigned. (B)Recycling shall not be mixed with any other garbage, trash or yard waste. Recycling foundt to be mixed will not be collected until it has been separated and after warning, additional violations may result on penalties as spelled out in this shall be effectively secured to prevent scattering by the wind. resulting from land clearing work. other public rights of way. certification. treated as solid waste andr may be collected by the Town. $92.33. $92.032(A) RECYCLE SERVICE Chapter. 29 $92.033 SPECIAL COLLECTION PROBLEMS. (A) Special collection ofl household. furniture and appliances. Upon request, the Town may collect normal household discarded furniture and appliances, including sofas, chairs, beds, refrigerators, washers, dryers, water heaters and similar items, but not including furnaces and central air conditioners. Discarded household furniture, appliances, bedding and mattresses will be picked up on a schedule to be determined by the Town. Thesei items may not be placed on vacant lots or on rights of way. (B) Deada animals. Small deada animals, except from slaughterhouses and rendering plants, may be collected byt the Town during normal operating! hours provided that, when practical, the bodies aret to be sealedi in a plastic bag then placed in front oft the premises upon the grass strip between the street and the sidewalk where theses strips exist; otherwise, they should be placed off that portion oft the street right-of-way used by vehicles, pedestrians or used for surface drainage. Owners of large dead animals shall (C) Cardboard. boxes and cartons. The personi in charge oft thep premises ort the one disposing oft them shall collapse all cardboard boxes, cartons and crates prior to (87 Code, S 11-20) (Am. Res. 2018-04, passed 5-17-18) Penalty, see $92.999 $92.034 SOLID' WASTES THE TOWN WILLI NOT COLLECT, The Town will not collect thef following types of solid wastes and its shall be unlawful for any person to place any of the following in any container or receptacle intended for (A), Hazardous refuse and industrial waste. All such refuse shall be stored in suitable leak proofo containers that will ensure thatr nos suchrefuse or wastes! leak or spill onto any public or private property. It shall be the responsibility of the person in possession oft the premises to see that itis disposed of properly. (B), Oils, lubricants or any other type matter that may damage the container, cause it tol leak, erode wheel parts, or violate any state orf federal disposal laws. (C)Contagious disease refuses. The removal of clothing, bedding, or other refuse from homes or the places where highly infectious diseases have occurred shall be performed under the supervisor and direction oft the County Health Department. (E)Materials of any kind or nature, including ashes, that contains any hot or live coals (F) Raw or uncooked seafood or meats unless tightly wrapped in plastic bags. be responsible for their removal and disposal, depositing them in authorized containers. CemmenIedIWAPE 4317 Commgtnd IKWIRR comm collection byt the Town; (D)Materials defined as biohazards. orf fire. (G)Hypodermic needles and/or any other sharp object. 30 (H)Paints, thinners and other such HHW items. Latex paint may be disposed of but must be dried first andr not bei inal liquid state. () Computer parts, TVs and other electronic equipment. (K)7 Tires, automobile wheels and other auto parts (L) Any other items that are banned from disposal in the Landfill, or in the opinion of the Public Works Director should not be collected. (87 Code, $11-21) (Am. Res. 2018-04, passed 5-17-18) Penalty, seeS92.999 $92.035 RECEPTACLES, AND CONTAINERS TO BE SAFE. All receptacles and containers required byt this chapter shall be of safe construction and design and shall be maintained in good and serviceable condition ata all times. Any receptacles or containers that do not conform tot the provisions of this chapter or that have ragged or sharp edges or any other defects likely tol hamper ori injure the person collecting the contents thereof or thep public generally shall be promptly replaced upon notice. Ifthe containers are notr replaced, the Town may refuse tos service the (87 Code, $11-22) (Am. Res. 2018-04, passed 5-17-18) Penaly.sees92999 Alls solid waste, yard debris, recycling andb bulk waste, whichi is properly placed at curbside for collection, is deemed to be abandoned and becomes the property oft the Town or its (J) Building rubbish containers. $92.036 OWNERSHIP OF SOLID WASTES. agents. (87 Code, $1 11-23) (Am. Res. 2018-04, passed 5-17-18) $92.037 INTERFERENCE WITH SOLID WASTES ANDI RECEPTACLES. No person may damage, displace, separate, collect, remove or otherwise interfere with solid waste receptacles or solid wastes stored or prepared for collection except with the consent oft the owner, lessee, or occupant oft thep premises where those receptacles or (87 Code, $11-24) (Am. Res. 2018-04, passed 5-17-18) Penalty, see S 92.999 (A) The Town shall establish collection routes and schedules and may alter these routes ands schedules from time tot time. AC copy of the current routes ands schedules solid wastes are located. $92.038 COLLECTIONI ROUTES AND: SCHEDULES. shall be kept onf file int the office oft the Clerk. 31 (B) The Board of Commissioners may establish and revise from time tot time ay policy relating tot the number of times per weekt the Town will collect solid wastes from various classifications of premises and ther maximum number of solidy waste receptacles that the Town will service on any one premises. A copy oft this policy shall be kept on file inthe (87 Code, $11-25) (Am. Res. 2018-04, passed 5-17-18) $92.039 COMPLIANCE WITH TOWN MANAGER'S DETERMINATION. Whenever this chapter authorized the Town Manager to make a discretionary determination, all persons affected by that determination shall comply withi itv within 2 calendar days after receiving written notice of the determination and the reasons fori it. Thereafter af failure on the part of any person receiving the notice to comply with the (87 Code, S 11-26) (Am. Res. 2018-04, passed 5-17-18) Penalty,sees 92.999 (A) A civil penalty of $251 for thet first violation shall be assessed. As second violation oft this Chapter shall result ina a $50 civil penalty, anda at third and all subsequent violations (B) The Town, ati its discretion, may charge a violator with a misdemeanor and the violator shall be subject to a fine of up to $500 and/or thirty (30) days inj jail pursuant to (C) The Town Manager, or his designee, shall be authorized to issue to persons violating the terms of this ordinance a civil citation in the amounts shown in Section (A) above. Any person tov whom a citation! has beeni issuedr may appeal tot the Town! Manager, whose decision shall be final. Civil penalties shall be paid withint ten business days oft the issuance, unless appealed. Failure to appeal in ten business days shall result in an additional late penalty of $25. Penalties shall be collected in thet form ofa a debt. office oft the Clerk. determination shall constitute a violation oft this chapter. $92.099 PENALTY shallr resulti ina a civil penalty of $100 per violation. GS 14-4. WS 32 OFCRAREA TOWN OF CRAMERTON 1915 Manager Memo TO: Town of Cramerton Board of Commissioners FROM: David Pugh, Town Manager DATE: Thursday, October 15, 2020 RE: Wayfinding Sign Phase 2 Bids Information/ Background Per recent Cramerton BOC discussion, the Wayfinding Sign Committee has met to discuss recommendations on moving forward with the next phase of Cramerton's Wayfinding Signs. Attached to this memo are the signs are the DRAFT versions of the various wayfinding signs. Also attached are the recommended sign locations. Wayfinding Sign Committee Recommendations: 1. Recommendation to the create bid documents and technical specs for the following: a. Gateway Monuments at NC-74/lakewood Drive AND S. New Hope Road/ Cramer Mountain Road (the latter would be slightly smaller, maybe 75% scale?). Asa clarification, we do want the gateway monument signs to be two-sided. Both oft the sites will most likely require Cramerton to work with the property owners. b. Park Monument Signs and' Trail Markers willl be included int the bid document with the technical specs. The Park Monument signs will include Riverside Park, Goat Island Park, River Link entrance, C.B. Huss Community Center, and Central Park. The committee determined that even with the Carolina Thread Trail planning to put up more of their signage, Cramerton still wants to use its own trailhead markers and mile marker signs sO that a person using the trail/ facilities know they are in Cramerton by the sign design. 2. Recommendation for the neighborhood signs is to do al bid-design competition because several neighborhood signs need to be redesigned or the concept completely changed: a. The Wayfinding Committee recommends the New Town (Woodlawn) and Lakewood neighborhood signs need redesigning and recommends the Baltimore neighborhood signs (which are currently stone pillars) are too small and need to be redesigned to be larger. The initial recommendation: from the Wayfinding Committee is to do a "bid- design competition" where any firm wanting to bid on the neighborhood sign part oft the project creates 2-3 different options for the neighborhood signs based on general specifications and locations. As aj possible option to utilize the right-of-way constraints ini the Baltimore neighborhood, Eric Smallwood suggested the use of an archway similar to what is done at Loray Mills. Based on the information above, Parks and Rec. Director Eric Smallwood has additional recommendations and clarifications, which can be remedied for the during the bid creation process: B Bizzell Design's initial count is al little off if we plan to do all the park signage at the same time. Right now the sign count is the following: 5 monument Signs 7 small double post signs. 155 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 33 - Recommend the following signs that would look similar to the "kayak parking" signs in the following areas: 11th. 10th. "River Access" "11th Street Launch" with a directional arrow at the intersection of gth and "ADA Fishing Pier" "10ths Street Pier" with a directional arrow at thei intersection of gth and "River Link Greenway" "Goat Island Access" with a directional arrow at the intersection of Lake eFurther discussion of smaller directional signage inside the parks as well- -i i.e. Goat Island as soon as you cross each bridge with directional arrows to each amenity, C.B. Huss as soon as you pull in directing people to the different facilities on the campus, and Riverside Park directing people from and Lakewood, Lake and Armstrong, Armstrong and Greenwood the basketball courts tot the rest of the park amenities. Funding for the next phase of WayfindingSign! Bids The attached fund balance analysis (updated for September 30, 2020) shows $639,236: available Based on previous bidding estimates, the amount the Cramerton BOC would want to potentially add to the existing Wayfinding Sign Capital Project Ordinance is the following: above the restricted 40%. - 2x Gateway Monuments Signs @ $30,000 each 5x Park Monument Signs; 7 small double post signs; 12+ small trail marker signs; various other park directional signs -Total' Wayfinding Signs additional funding $60,000 $35,000 $95,000 *Note: The total above does not reflect neighborhood marker/entrance. signs based on the recommendation to do a "bid design competition"andi the unknown cost of new designs. 1551 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 34 Town of Cramerton Memo To: From: Date: Re: Cramerton Mayor & Board of Commissioners David Pugh, Town Manager 10/15/2020 Fiscal Year (FY) 2020-2021 DRAFT Budget Points (for 10/15/2020 BOC Meeting) Analysis of Cramerton General Fund Balance (as of September 30, 2020) *Note 1:The chart below does noti include capital project funds or the fleet fund ($200,000), which are allocated. separately andi restricted. $3,500,000 Total General Fund Balance = $3,320,333 $3,000,000 $639,236 This category represents funds that are allocated for expenditure totaled at $633,057. The two categories equalt the total 40% fund balance restriction total at $2,048,040. $2,500,000 $633,057 $2,000,000 $1,500,000 $1,639,872 $1,000,000 $500,000 $408,168 $0 a Remaining after 40% general fund balance restriction & other revenues/ expenditures "Approx. remaining expenditure amount for FY: 2020-2021 (thru. June 30th) #32% ofF FY:2020-2021 Budget (remaining of 40% self imposed restriction) m NC Local Gov't Commission (LGC) required 8% of Municipality **Note 2: The chart above displays thet total general fund balance (savings) distributed by the four (4) categories. Itshould be noted that the $639,236 (19.25% over 40% restriction) is available for' "one-time capital projects" asi is best budgeting practice. 1 35 1 1 e .9-.5 N .0-2 .8-,9 36 37 38 & 39 S 40 OURIH SI HIT 41 42 o @ 43 LEEAIN 44 45 SHIE D 46 n a4l .9-,5 .0-2 -8-.9 47 13 1 .0-L HONS BIIIs 48 ) - M C - e a de / E - 0 9) a N 6 49 .9-,5 N .0-.2 .8-.9 50 z o 51 52 Carolina Thread Trail: Sign Pilot Program in Cramerton August 2020 initial installation examples GAROLINA THREAD TRAIL 53 CARPLINA THREAD'TRAIL > Goat Island Riverlink Greenway-03m NED SanfakGantn 54 CAROLINA THREAD TRAIL GOAT ISLAND GREENWAY LOWII South ForkCorridor 55 I 5 A N S X A 56 la 6 I S a 5 a 8 Y - 57 - 5 3 3 8 58 o I 5 E S & 1 B 59 a CRARE TOWN OF CRAMERTON Manager's Report (October 2020) EST. 1915 AV TO: Town of Cramerton Board of Commissioners FROM: David Pugh, Town Manager DATE: October 15, 2020 RE: Managers Report (for September 2020) Introduction The information below and attached documents are for the October 15, 2020 Cramerton Manager's Report. This represents a compiling of department information for the month of September 2020. Additional, more specific documents are indicated as attachments". BOCand General Administration (includes meetings and events) N/A Planning & Zoning Public Works Total Permits Issued September 2020: 13 Residential Permits: 7 1. Bulk Item-42 Tons 2. Yard Debri-26 Tons 3. Trash Pickup-19 4. Appliances Pickup-14 5. T.V Pickup-8 Box; 41 Flat Screen 6.1 Repaired or Replaced street 7. Pothole Patches-15 8. 11th Street-Put up- 2-Children 9. 12th Street-Cut back Leyland Central Park signs. drain sink hole. New Home Permits: 5 Home Additions: 3 Rez. Interior Upfits: 0 Residential Accessory Structures:0 Permits: 4 Letter Bags Nonresidential 1Cell Tower Colocation permit Mechanica/Electrical 1M Verification 12 Zoning C.O.s issued: 2 Triangle Real Estate. signs-16 Signs Playing trees Cypress permit for cell tower 10. Worked with Bonnie from Labella to map out 11. Tomshire Neighborhood: Repaired storm 1 Sign permit for pet cemetery on Armstrong Ford Rd 2Certificates of Occupancy were issued for 2 apartment buildings in The Haven apartment community owned by Monthly Trends/ Notes: New home permit requests decreased dramatically over August numbers; 4 new home starts in' VCM by Smith Douglas Homes and 1 new home start for an independent homebuilder. It is expected that we will continue to see lower numbers of single family residential Code Enforcement: Please see page 4-6 of this report. starts fort the fall months into winter. 155 North) Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 Page 1 60 Cramerton FD Report: September 2020 Cramerton Fire Department Thisr reporty was generated on 10/12/2020 12:16:52PM Start Date: 09/01/2020! End Date: 09/30/2020 DATE INCIDENT! 09/01/2020 2020-222 09/03/2020 2020-223 09/04/2020 2020-225 09/04/2020 2020-227 09/09/2020 2020-228 09/15/2020 2020-229 09/18/2020 2020-230 09/18/2020 2020-231 09/23/2020 2020-232 09/23/2020 2020-233 Cramerton, NC Basicl Incident Info with! Number ofF Responding Apparatus and Personnel for Date Range ADDRESS CRAMERTONRD INCIDENTTYPE withi injury 311-Medicala assist, assist EMS crew unintentional 311 Medicalassist, assist EMS crew 311. Medical assist, assist EMS crew unintentional 745- -Alarms systema activation, nof fire- unintentional 552-Policen matler 324-A Motory vehide accident withr no injuries. malfunction malfunction malfunction 611-Dispatchedi & cancelede enr route 551- -Assist policeo or otherg govemmental agency SHIFT ZONE Cramerton- Townof Cramerton MA-Mutual/ Aid McAdenville- McAdenville Townof Cramerton- Town of Cramerton MA-Mutual/ Aid Cramerton- Cramerlon Town of MA-Mutual/ Aid Cramerton- Cramerion Townof Cramerton- Townof Cramerton McAdenville- Town of McAdenville Cramerton- Towno of Cramerlon Cramerton- Towno of Cramerton Cramerton- Town of Cramerton Cramerton- Towno of Cramerton Cramerton- Townd of Cramerton Cramerton- Cramerton Town of Cramerton. Town of Cramerton MA-MutualAid #APP. #PERS. 2 4 1 2 1 4 1 3 1 3 1 4 1 6 1 2 1 3 1 3 1 2 1 2 1 3 1 1 2 2 3 1 5 124 SEVENTHST 321-EMS call, excludingvehicle: accident 101 LAKEWOODRD 745- Alarm systema activation, nofi fire- 1001 PRESTONDR 611- Dispatched & cancelledenr route 350 EASTWOODDR 745- Alarm system activation, nof fire- 09/04/2020 2020-224 160 FORESTHEIGHTSOR 311-Medical: assist, assist EMS crew 09/04/2020 2020-226 810 KING ARTHURDR 611-Dispatched&c cancelede enr route WILKINSONBLVD RIVERSIDEDR 121 MAINST 1091 CRAMERTON VILLAGEDR EAGLERD RD RD RD 236 EIGHTHAVE RD 30 STOWEST 09/24/2020 2020-234 500 CRAMERI MOUNTAIN 735- Alarm syslems soundedo dueto 09/24/2020 2020-235 500 CRAMERN MOUNTAIN 735-Alamms systems soundedo duet to 09/24/2020 2020-236 500 CRAMERI MOUNTAIN 735- Alams systems soundedo dueto 09/26/2020 2020-238 500 CRAMERN MOUNTAIN 730-Spiemmatimcien, other 09/26/2020 2020-237 09/27/2020 2020-239 155 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 Page 2 61 Cramerton Police Department CRAMERTON POLICE DEPARTMENT MONTHLY REPORT: September, 2020 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TOTALS ARREST TOTALS DWI ARRESTS CASE TOTALS Larceny Breaking & Entering Drug Offenses Assaults Fraud TRAFFIC CITATIONS License' Vios. Registration Vios. Restraint' Vios. Speeding) Vios. Unsafe Movement Other Traffic TRAFFIC CRASHES 22 25 20 10 14 17 18 18 13 31 20 25 19 19 31 25 21 19 4 4 5 8 5 7 2 5 10 157 12 210 50 11 52 16 23 601 165 197 3 203 9 24 106 2 3 1 0 1 1 0 2 1 2 2 0 0 3 1 0 6 6 9 5 3 7 8 4 4 3 0 1 0 4 1 4 3 0 5 2 3 2 1 6 0 3 1 1 0 1 0 0 2 1 1 0 2 5 4 1 1 2 2 134 133 87 13 52 62 44 30 46 32 32 22 5 15 24 11 8 16 50 56 28 4 5 16 12 8 18 47 39 31 2 31 20 14 10 9 14 12 14 9 14 13 12 8 10 0 0 0 0 2 7 2 0 1 0 1 3 Parks & Recreation PROGRAMS since 8/10/20) since 9/9/20) RENTALS 3. Shelter Rentals-3 COMPLETED EVENTS max) 1. Creative Kits: Art - 15 sold (have been on available 4. - Facility Rentals - Indoor facility rentals are still closed. 2. Creative Kits: Tinker-2 sold (have been available 1. Youth Fishing Derby - 30 participants (30 participant YOUTH SPORTS REGISTRATIONS 1. Winter Sports Registration - Registration being 2. Fall Sports Camps - (limited to 40 participants) a. Baseball, soccer, speed and agility, volleyball with a total of134 campers 2. Arbor Day Virtual - 35 kits given away and 37 trees UPCOMING EVENTS 1. Island Adventure Family Scavenger Race - Saturday, October 24 2. Milltown Mission. Adventure Race - Saturday, October 31 3. AI Blood Drive and Antibody Testing with The Blood Connection - October 29, 2020 4. Halloween Monster Eggs - Last week of October November 31 1551 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 Page 3 62 Monthly Enforcement Summary September 2020 Field Inspections: 64 Total active cases: 11 Resolved Cases: 1 Highlights: Signs collected from the ROW: 15 6141 Ridgeway Drive: Complainant states a non-operative vehicle is located on the Action: On 3/19/20, I verified the complaint was valid and issued a courtesy warning Update: Ispoke with the truck owner 9/15/20. He asked ifIcould extend the correction time until November S.the truck would permanently be removed. Iagreed and property. same day. reminded him ifit was not, Iwould issue the 3NOV. 901 Fifth Street: On 6/2/20, a complaint was filed for high grass and bulk items left on a Action: A: site inspection was completed 6/4/20. Complaint was verified. The dwelling is vacant SO Imailed an educational letter same day. In that letter Ii included the Town's policy for bulk item pickup and where the items needed to be located for free pickup. Update: On 9/3/20, Icalled the realtor about the condition oft the property. A reinspection was performed 9/9/20 and the lot was mowed. There are still a few bulk items to be picked up and the representative stated she was working on having those 428 Fifteenth Street: On 7/30/20, Ir received a complaint concerning the grass height at Action: On 7/20/20, I attempted to contact someone at the residence and no one came to Update: On 8/25/20, left a door hanger with notice that ifnot cut, the Town would declare the violation chronic and take subsequent action to bring the property into secondary road (Cherry St.) for pickup. removed. the property. the door. Ileft a door hanger asking for the parcel be mowed. compliance. RESOLVED as separate inspection. 478 Lincoln Street: On 7/30/20, In notice several junk vehicles on the property while on Action: On 7/30/20, Ia attempted to contact someone at the residence. Iwas not Update: Asof9/29/20, no response from owner. Iwill start the violation process. 493rd Street: On 8/5/20, Ireceived a complaint from a neighbor stating the stench of successful and left a door hanger. animal feces was unbearable and the rear yard was full ofjunk. 155 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 Page 4 63 Action: Ileft a door hanger same day and was called by the owner's daughter. We met on 8/11/20 and discussed the issues. The owner was willing to clean up the rear yard and sell some ofthe animals. Her children and grandchildren were actively cleaning up while I was there. Iwill: recheck periodically for improvement. Update: The cleanup is continuing slowly but moving. 533rd Street: On 8/6/20, Inoticed aj junk vehicle parked along a fence and left a door Update: On9/17/20, the owner called and stated she and another gentleman were trying 460 18th Street: On 8/18/20,Ireceived. a complaint stating a small portion of the rear Action: Iinvestigated same day and the yard was mowed with the exception of a small patch in the rear yard. Ileft a door hanger when there was no answer at the door. Update: Ialso mailed an educational letter the same day and no contact from owner to 7023 Dolphin Street: On 8/18/20, Ireceived a complaint call stating a junk vehicle was Action: 8/1820Iattempted to contact someone at the residence and no response. Ilefta door hanger and mailed and educational letter with request to contact me same day. Update: On 9/29/20, an educational letter was mailed to the owner oft the vehicle. 400 Woodlawn Avenue: On 8/25/20 Complainant called and stated the house was in Action: A site visit was completed same day and only a few minor issues were observed. Update: On 9/15/20, the occupant oft the residence called and we discussed the condition oft the dwelling. She is currently experiencing a financial hardship SO I suggested inexpensive repairs and she agreed to start working on those until such time as she could 377 Third Street: On 8/25/20, Inoticed the parcel was becoming overgrown. Action: Ileft a door hanger when there was no answer at the door same day. Ibelieve Update: On 9/29/20, a courtesy warning was mailed to the owner. 7152 Marlin Street: On 8/25/20, Public Works notified me there was vegetation blocking the sight triangle at Dolphin and Marlin Streets. Action: On 8/25/20, There was no answer at the door and left a door hanger. Update: On 9/29/20, a courtesy warning was mailed to the owner. hanger. Action: Imailed an education letter requesting a meeting 8/18/20. to find the keys to the vehicle to remove it. yard was not being mowed. date. Will issue NOV. located on the parcel. disrepair. afford the larger items. the residence is currently vacant. 401 Woodlawn Avenue: On 9/29/20, Ireceived a complaint call for a junk car parked at the residence. 1551 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 Page 5 64 Action: On 9/29/20, Iattempted to contact someone at the residence. The dwelling was unoccupied. Update: On 9/29/20, Imailed an educational letter to the owner. 1551 North Main St., Cramerton, North Carolina 28032 Phone: 704-824-4337 Fax: 704-824-8943 Page 6 65