AGENDA Sawmills Town Hall Tuesday, January 16, 2024 6:00 pm  Regular Meeting of the Sawmills Town Council  1. CallTo Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda 5. Approve Meeting Minutes 6. Public Comment 7. Recognitions: A. Recycle Rewards 8. Finance: A. Auditors Contract  Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren  A. December 19, 2023 Regular Meeting Minutes  Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren  B. Financial Report as of December 31,2 2023  . FEMA Building Resilient Infrastructure & Communities (BRIC) Project South Caldwell Sewer Pump Station Elevation Project Statement of Qualifications for Engineering Services A. Call for Public Hearing for Text Amendment B. Rezoning of PIN Numbers: 2766657929, 2766666171, 2766667200, 2766668126, 2766659938  9. Planning:  Mayor Keith Warren Mayor Keith Warren  and 2766658939  10. Public Comment 11. Updates:  A. Code Enforcement Report B. Manager Updates Council Comment  Mayor Keith Warren Town Manager Chase Winebarger Mayor Keith Warren Mayor Keith Warren Mayor Keith Warren  12. Closed Session: N.C.G.S. $143-318.11(a)03)  13. Adjourn    December 19, 2023 Page 1 of7  TUESDAY, DECEMBER 19,2023  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00PM  COUNCIL PRESENT Mayor Keith Warren Mayor Pro Tem Clay Wilson Bobby Mosteller Rebecca Johnson Joe Wesson COUNCIL ABSENT Melissa Curtis  STAFF PRESENT Chase Winebarger Julie A Good Terry Taylor  CALL TO ORDER: Mayor Keith Warren called the meeting to order at approximately  6:00pm.  INVOCATION: Pastor Danny Wright gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Keith Warren led the Pledge of Allegiance.  ADOPT AGENDA: Mayor Keith Warren asked foran motion to adopt the December 19, 2023 Clay Wilson made a motion, and Joe Wesson seconded, to adopt the December 19, 2023  Agenda.  Agenda. All were in favor.  APPROVE NOVEMBER 21, 2023 REGULAR MEETING MINUTES: Mayor Keith Warren asked for a motion to approve the November 21, 2023 regular meeting minutes. Clay Wilson made a motion, and Rebecca Johnson seconded, to approve the November 21,  2023 regular meeting minutes. All were in favor.  APPROVE NOVEMBER 21,2023 CLOSED SESSION MINUTES: Mayor Keith Warren asked for ai motion to approve the November 21, 2023 closed session minutes. Bobby Mosteller made a motion, and Clay Wilson seconded, to approve the November 21,  2023 closed session minutes. All were in favor.    December 19, 2023 Page 2of7  PUBLICCOMMENT: Mayor Keith Warren askedifanyone) had any questions or comments  at this time. No one wished to speak. RECOGNITIONS:  DECEMBER RECYCLE REWARDS WINNER: Mayor Keith Warren announced Jack Mason as the December Recycle Rewards Winner. A credit of forty dollars ($40.00) will be  added to the current sanitation bill. No Council action was required. PLANNING MATTERS:  REZONING OF PIN NUMBERS 2766657929, 2766666171, 2766667200, 2766668126, 2766659938 AND 2766658939: Mayor Keith Warren stated that a public hearing for the rezoning of pin numbers 2766657929, 2766666171, 27680729027600812. 2766659938 and 2766658939, was held during the regularly scheduled Town ofs Sawmills Council meeting on August 15, 2023, at which time Council tabled this matter to the regularly scheduled Town of Sawmills Council meeting on September 19, 2023. During the regularly scheduled Town ofSawmills Council meeting on September 19, 2023, Council agreed to table this matter until the December 19, 2023 regularly scheduled Town of Sawmills Council meeting. Clay Wilson made a motion, and Rebecca Johnson seconded, to table this matter until the regularly scheduled Town of Sawmills Council meeting on January 16, 2024. All were in  favor.  COUNCIL ADJOURN: Mayor Keith Warren asked for a motion to adjourn.  Joe Wesson made a motion, and Bobby Mosteller seconded, to adjourn the meeting. All were  ini favor.  The meeting was adjourned at approximately 6:02pm.  OATH OF OFFICE FOR NEW COUNCIL MEMBERS: Town Clerk Julie A. Good administered the Oath of Office to incoming Council Members, Bobby Mosteller and Joe Town Clerk Julie A. Good administrated the Oath of Office to incoming Council Member  Wesson.  Melissa Curtis on Thursday, December 21, 2023.    December 19, 2023 Page 3 of7  COUNCIL PRESENT Mayor Keith Warren Clay Wilson Bobby Mosteller Rebecca. Johnson Joe Wesson COUNCIL ABSENT: Melissa Curtis  STAFF PRESENT Chase Winebarger Julie Good Terry Taylor  CALL TO ORDER: Mayor Keith Warren called the meeting to order.  ADOPT AGENDA: Mayor Keith Warren asked for a motion to adopt the December 19, Clay Wilson made a motion, and Joe Wesson seconded, to adopt the December 19, 2023  2023 Agenda.  agenda. All were in favor.  PUBLIC COMMENT: Mayor Keith Warren asked if anyone had any questions or  comments at this time. No one wished to speak.  ORGANIZATIONAL MATTERS:  SEATING ARRANGEMENTS: Mayor Keith Warren asked Council to be seated as  follows:  Melissa Curtis Keith Warren Rebecca Johnson Town Attorney Mayor Town Manager Joe Wesson Clay Wilson Town Clerk  ELECTION OF MAYOR PRO TEM: Mayor Keith Warren stated that as a result of the November 2023 election, Council would need to elect ai new Mayor Pro Tem. Joe Wesson made a motion, and Rebecca Johnson seconded, to appoint Melissa Curtis as    December 19, 2023 Page 4 of7  Mayor Pro Tem. All were in favor.  COUNCIL ETHICS AND CODE OF CONDUCT: Mayor Keith Warren stated that every Council member should have a copy ofthe Code of] Ethics prepared by Town Attorney Terry Mayor Keith Warren also stated that every Council member should also have the Standard of Conduct prepared by Town Attorney Terry Taylor. Mayor Keith Warren asked that each Council member read the form. Each Council member should be prepared to sign the  Taylor and adopted by Town Council on August 17, 2010.  Standard of Conduct form and return it to the Clerk.  No Council action was required.  STANDING COUNCIL COMMITTEE ASSIGNMENTS: Mayor Keith Warren  announced the new Standing Council Committees as follows.  Town of Sawmills  Standing Council Committees for 2024-2026  Parks & Recreation Committee Parades, Festivals, & Special Events Civic Organizations Intergovernmental Committee W.P.C.O.G. N.C.L.M. Community Colleges Chamber of Commerce Institute of Government intergovermmenta. (County/State)  Joe Wesson  Bobby Mosteller  Bobby Mosteller  Joe Wesson  *The Mayor is a member of all Standing Council Committees  No Council action was: required. FINANCIAL MATTERS:  ADOPT BUDGET WORKSHOP SCHEDULE: Mayor Keith Warren asked for a motion Rebecca Johnson made a motion, and Bobby Mosteller seconded, to adopt the proposed FY  to adopt the proposed FY 2024-2025 budget workshop schedule. 2024-2025 budget workshop schedule. All were in favor.    December 19, 2023 Page 5 of7  FY 2022-2023 AUDIT PRESENTATION: James Lowdermilk, with Lowdermilk, Church Mr. Lowdermilk stated that the Town received an unqualified audit and commended staff and  & Co., L.L.P., presented the Towns FY 2022-2023 audit to Council. Council on their efforts to maintain a strong fund balance.  CAPTIAL BUDGET ORDINANCE-BRIC GRANT: Town Finance Officer Kelly Melton stated that on November 16, 2023, the Town of Sawmills was awarded the Building Resilient Infrastructure and Communities (BRIC) Grant. The project is the for the South Caldwell Sewer Pump Station Elevation Project. The grant agreement is between the State ofNorth Carolina, Department of] Public Safety ("Grantee") and the Town of Sawmills, The grant award is for one hundred eighty-nine thousand dollars ($189,000.00) and will be matched by a Fund Balance Appropriation from the Utility Fund in the amount ofone To facilitate budgetary and accounting control, it is required that a Capital Project Ordinance be adopted by the governing board authorizing all appropriations necessary for  North Carolina ("SubGrantee).  hundred eighty-nine thousand dollars ($189,000.00).  the completion of the project.  Clay Wilson made ai motion, and Rebecca Johnson seconded, to approve the Town of Sawmills Project Ordinance North Carolina Building Resilient Infrastructure and Communities (BRIC) Project Number MA2021-BR-005-0022 as written. All were in  favor.  CAPTIAL BUDGET ORDINANCE-PARK LIGHTING PROJECT: Finance Officer Kelly Melton stated that the Local Government Commission met on December 5, 2023, and approved the Installment Financing Agreement for the purchase and installation of field lights and parking lot lights at Sawmills Municipal Park and Veterans Park. Pursuant to G.S. 159-26(b)(6), a Capital Project Fund is required to account for all debt instrument proceeds used to finance capital projects. To facilitate budgetary and accounting control, it is required that a Capital Project Ordinance be adopted by the governing board authorizing all appropriations necessary for the completion of the project. Clay Wilson made ai motion, and Rebecca Johnson seconded, to approve the Town of Sawmills Project Budget Ordinance Park Lighting Project as written. All were in favor.    December 19, 2023 Page 6of7  UPDATES:  DECEMBER CODE ENFORCEMENT REPORT: Town Codel Enforcement Officer Curt Willis stated that there are thirty (30) code enforcement cases that are open.  No Council action was required.  TOWN MANAGER UPDATES: Town Manager Chase Winebarger had the following  updates:  Town Manager Chase Winebarger stated with the issues that happened during the Town of Sawmills Christmas Parade on December 2, 2023, that he has spoken with the owner oft the property located at 4298 Sawmills School Road, and he is confident Town Manager Chase Winebarger stated that the employee Christmas lunch will be on' Thursday, December 21, 2023, beginning at 11:30am at Copper Penny. Town Manager Chase Winebarger stated that a code red message has been sent out and a note has been placed on the front door of Town Hall announcing the Office/Public Works/Park and Recreation closings for Christmas. T own Manager Chase Winebarger stated that an additional code: red is set to be sent out the end ofthis Town Manager Chase Winebarger stated that the Baker Circle project is almost Town Manager Chase Winebarger stated that his Father-in-Law passed away and he will be in and out oft the office for the next few days, if anyone should need him. Town Manager Chase Winebarger stated Joe Wesson's Mother-in-Law, passed away Town Manager Chase Winebarger stated that in 2000 the former Council made changes to existing Mobile Home Parks. Town Manager Chase Winebarger stated that one of those changes included the Mobile Park Owners to bring in maps and/or plats of the mobile home parks with mobile home spots listed. Town Manager Chase Winebarger stated that int the Town of Sawmills Code ofOrdinances it is stated that if al home is destroyed or moved, then the owner has one hundred twenty days (120) to rebuild or replace the home on the lot, however, with the Mobile Home Parks that complied with the 2000 changes that were made with the Mobile Home Park Owners, they can pull inar mobile home anytime no matter how many days have passed as long as the spot is on the map or plat that was given to the Town of Sawmills in 2000. Council would like tol have more information on this matter and would like to discuss Town Manager Chase Winebarger stated that the South Caldwell High School Cheer Team has won the State Cheerleading Championship Competition and has been  that the problem will be taken care of soon.  week.  complete and top date, there have been no issues with the project.  on Sunday.  itat al later date.    December 19,2023 Page 7of7  invited to go to the National Cheerleading Championship Competition in Orlando, Florida. Town Manager Chase Winebarger stated that the South Caldwell High School Joe Wesson made a motion, and Bobby Mosteller seconded, to donate one thousand dollars ($1,000.00) to the South Caldwell High School Cheerleading team to help  Cheerleading team is asking for donations to be able to go.  sponsor their trip. All were in favor.  COUNCIL COMMENTS: everyone a Merry Christmas.  Bobby Mosteller wanted to thank everyone for coming to the meeting and wanted to wish  Rebecca Johnson wanted to wish everyone a Merry Christmas.  Joe Wesson wanted to thank everyone for coming out and wish everyone a Merry Christmas. Joe Wesson wanted to thank Jesse Trivette, with the EDC, for coming to the meeting. Joe Wesson commended Finance Officer Kelly Melton and Town Manager Chase Winebarger on Mayor Keith Warren wanted to thank everyone for coming and wish everyone a Merry Christmas. Mayor Keith Warren wanted to let Councill know that Bobby Mosteller and himself Town Manager Chase Winebarger stated that next year during the October meeting that Council will take a group picture for Town Christmas Cards and at the November meeting he  all their hard work this year.  went around to local business and handed out Town Christmas Cards.  will have the cards for Council to give out.  COUNCIL ADJOURN: Mayor Keith Warren asked for a motion to adjourn.  Clay Wilson made a motion, and Rebecca Johnson seconded, to adjourn the meeting. All  were in favor.  The meeting was adjourned at approximately 6:50pm.  Keith Warren, Mayor  Julie A. Good, Town Clerk    CAPITAL PROJECT ORDINANCE TOWN OF SAWMILLS PROJECT BUDGET ORDINANCE PARK LIGHTING PROJECT  BEI IT ORDAINED by the Sawmills Town Council that pursuant to Section 13.2 ofChapter 159 ofthe General Statutes ofNorth Carolina, specifically G.S 159-26(b)(6), the following Capital Project Ordinance for the Park Lighting  Project ("Project") is hereby adopted.  Section 1. The Project authorizes funds for the Purchase and Installation offield lights and parking lot lights at Section 2. The officers of this unit are hereby directed to proceed with thel Project within the terms oft the loan Section 3. The following revenues are anticipated tol be available to the Town of Sawmills for the Project:  Sawmills Municipal Park and Veterans Park. Thel Project is to bei funded by a loan.  agreement and rules and regulations oft the State ofNorth Carolina, and the budget contained herein.  Revenues: Total Revenues:  Capital One Public Funding, LLC loan proceeds  $1,345,500 $1,345,500  Section 4. The following amounts are expenditures appropriated for the Project:  Expenditures: Purchase & Installation Costs Total Appropriations:  $1,345,500 $1,345,500  Section 5. The Finance Officeri is hereby directed to maintain within the Capital Project Fund sufficient specific detailed accounting records to provide the accounting to Town Council required by the program procedures, loan agreement  and state regulations.  Section 6. Funds may be advanced from the General Fund for the purpose of paying invoices as due. Section 7. The Finance Officer is directed to report quarterly on the financial status of each project element in Section 8. The Budget Officer is directed to include a detailed analysis ofp past and future costs and revenues on this Section 9. Copies of this Capital Project Ordinance shall be furnished to the Town Clerk, Budget Officer and to the  Reimbursement requests should be made to the Escrow Agent in an orderly and timely manner.  Section 4 and on the revenues received.  project in every budget submission made to this Town Council. Finance Officer for direction in carrying out this project.    Adopted this the 1gHh day of Dyemkr,2023.  APPROVED BY: I Kelly Melton  Kuslulass Keith Warren Mayor, Town ofs Sawmills  ywcp  Finance Officer, Town of Sawmills  EST: ylie Good Town Clerk  -   m ITI  AF -  APPROVED TO: FORM:  V  Terry Taylor Town Attorney  This instrument has been preaudited ini the manner required by the Local Government Budget and) Fiscal Control Act.    CAPITAL PROJECT ORDINANCE TOWN OF SAWMILLS PROJECT BUDGET ORDINANCE AND COMMUNITIES (BRIC) PROJECT NUMBER EMA-2021-BR-005-0022  NORTH CAROLINA BUILDING RESILIENT INFRASTRUCTURE  BEI ITORDAINED by the Sawmills Town Council that pursuant to Section 13.2of Chapter 159 of the General Statutes ofl North Carolina, the following Capital Project Section 1. The project authorized is the BRIC: 2021 South Caldwell Sewer Pump Station Elevation Project. The agreement is entered into by and between the State ofNorth Carolina, Department of Public Safety ("Grantee") and the Town of Sawmills, North Carolina ("SubGrantee). The grant was awarded on November 16, 2023 and terminates on. July 27,2026, unless terminated earlier in accordance with the grant agreement. Section 2. The officers oft this unit are hereby directed toj proceed with the grant project within the terms ofthe grant document(s), the rules and regulations oft the State of North Section 3. The: following revenues are anticipated to be available to complete this project:  Ordinance is hereby adopted.  Carolina and the budget contained herein.  Revenues BRIC Grant -] Phase 1 BRIC Grant - Phase 2 Utility Fund Balance. Appropriation Total  $ 35,000 $154,000 $189,000 $378,000  Section 4. The following amounts are appropriated for the project:  Expenditures Phase 1 Phase2 Total  $70,000 $308,000 $378,000  Section 5. The Finance Officer is hereby directed to maintain sufficient specific detailed accounting records to provide the accounting to the Grantee agency required by the grant Section 6. Funds may be advanced from the Utility Fund for thej purpose ofmaking payments as due. Reimbursement requests will be made to the Grantee agency in an Section 7. The Finance Officer is directed to report quarterly on the financial status of each project element in Section 4 and on the total grant revenues received or claimed. Section 8. The Budget Officer is directed to include a detailed analysis of past and future costs and revenues on this grant project in every budget submission made to this Town Section 9. Copies ofthis Capital Project Ordinance shall be furnished to the Town Clerk, Budget Officer and to the Finance Officer for direction in carrying out this project.  agreement, federal and state regulations, and Town Council.  orderly and timely manner.  Council.    Adopted this the 19k day of Donber 2023.  APPROVED: BY:  Kellalan Keith Warren Mayor, Town of Sawmills  mlyehn Finance Officer, Town of Sawmills  Kelly Melton!  ATTEST: - Jnlie Good fown Clerk  LLS o SEAL 07701/1988  Ihc  111  APPROVEDTOFORM:  Terry Town Attorney Control Act.  Engb  This instrument has been preaudited in thei manner: required byt thel Local Government Budget and] Fiscal    AGENDAI ITEM' 7A  MEMO DATE: SUBJECT:  January 16, 2024 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate James Lail on winning the Recycle Rewards Program for the month of. January. He will be presented with a Certificate of Appreciation. A  forty dollar ($40.00) credit will be added to the current sanitation bill.  Recommendation: No Council action is required.    AGENDA ITEM: 8A  MEMO DATE: SUBJECT:  January 16, 2024 Financial Matters: Approve Auditor Contract for FY2023-2024  Discussion:  Enclosed with this memo is a contract from our current auditing firm Lowdermilk, Church & Co.,L.L.P. The contract, ini the amount of $13,500.00 (thirteen thousand five hundred dollars), This amount of $13,500.00 (thirteen thousand five hundred dollars) includes the following:  will cover the period of. July 1, 2023 to June 30, 2024.  Audit:  $8,775.00 $4,725.00  Preparation of annual financial statements:  This amount includes continual guidance, advice and directives throughout the year from the  auditors concerning any issues that may arise throughout the fiscal year.  Recommendation: 2023 to June 30, 2024.  Staff recommends Council approve a contract with Lowdermilk, Church & Co., L.L.P. in the amount of $13,500.00 (thirteen thousand five hundred dollars) and covering the period ofJuly 1,    LGC-205 The Governing Board Town Council of Primary Government Unit Town of Sawmills N/A  CONTRACT TO AUDIT ACCOUNTS  Rev, 11/2023  and Discretely Presented Component Unit (DPCU) (if applicable)  Primary Government Unit, together with DPCU (if applicable), hereinafter referred to as Governmental Unit(s)  and Auditor Name Lowdermilk Church & Co.,LLP Auditor Address Hereinafter referred to as Auditor  121 North Sterling Street, Morganton, NC 28602  for Fiscal Year Ending 06/30/24 hereby agree as follows:  Date Audit Will Be Submitted tol LGC Must be within four months off FYE  10/31/24  1. The Auditor shall audit all statements and disclosures required by U.S. generally accepted auditing standards (GAAS) and additional required legal statements and disclosures of all funds and/or divisions of the Governmental Unit(s). The non-major combining, and individual fund statements and schedules shall be subjected to the auditing procedures applied in the audit of the basic financial statements and an opinion shall be rendered in relation to (as applicable) the governmental activities, the business- type activities, the aggregate DPCUS, each major governmental and enterprise fund, and the aggregate remaining fund information (non- major government and enterprise funds, the internal service fund type, and the fiduciary fund types). The basic financial statements shall include budgetary comparison information in a budgetary comparison statement, rather than as RSI, for the General Fund and any annually budgeted Special Revenue funds. 2. Ata a minimum, the Auditor shall conduct the audit and render the report in accordance with GAAS. The Auditor shall perform the audit in accordance with Government Auditing Standards (GAGAS) if the Governmental Unit expended $100,000 or more in combined Federal and State financial assistance during the reporting period. The auditor shall perform a Single Audit if required by Title 2 US Code of Federal Regulations Part 200 Uniform Administration Requirements, Cost Principles, and Audit Requirements for Federal. Awards, Subpart F (Uniform Guidance) or the State Single Audit Implementation Act. This audit and all associated audit documentation may be subject to review by Federal and State agencies in accordance with Federal and State laws, including the staffs of the Office of State Auditor (OSA) and the Local Government Commission (LGC). If the audit requires a federal single audit in accordance with the Uniform Guidance ($200.501), itis recommended that the Auditor and Governmental Unit(s) jointly agree, in advance of the execution of this contract, which party is responsible for submission of the audit and the accompanying data collection form to the Federal Audit Clearinghouse as required under the Uniform Guidance ($200.512).  Effective for audits of fiscal years beginning on or after June 30, 2023, the LGC will allow auditors to consider whether a unit qualifies as a State low-risk auditee based upon federal criteria in the Uniform Guidance $200.520(a), and (b) through (e) as it applies to State awards. In addition to the federal criteria in the Uniform Guidance, audits must have been submitted timely to the LGC. Ifi in the reporting year, or in either oft the two previous years, the unit reported a Financial Performance Indicator of Concern that the audit was late, then  Page 1    LGC-205  CONTRACT TO AUDIT ACCOUNTS  Rev. 11/2023  the report was not submitted timely for State low-risk auditee status. Please refer to Discussion of Single Ift the audit and Auditor communication are found in this review to be substandard, the results oft the review may be forwarded to the North Carolina State Board of CPA Examiners (NC State Board). 3. If an entity is determined to be a component of another government as defined by the group audit standards, the entity's auditor shall make a good faith effort to comply in a timely manner with the requests of 4. This contract contemplates an unmodified opinion being rendered. If during the process of conducting the audit, the Auditor determines that it will not be possible to render an unmodified opinion on the financial statements oft the unit, the Auditor shall contact the LGC Staff to discuss the circumstances leading to that conclusion as soon as is practical and before the final report is issued. The audit shall include such tests oft the accounting records and such other auditing procedures as are considered by the Auditor to be necessary in the circumstances. Any limitations or restrictions in scope which would lead to a qualification should be fully 5. Ift this audit engagement is subject to the standards for audit as defined in Government Auditing Standards, 2018 revision, issued by the Comptroller General of the United States, then by accepting this engagement, the Auditor warrants that helshe has met the requirements for a peer review and continuing education as specified in Govemment. Auditing Standards. The. Auditor agrees to provide a copy of the most recent peer review report to the Governmental Unit(s) and the Secretary oft the LGC prior to the execution of an audit contract. Subsequent submissions of the report are required only upon report expiration or upon auditor's receipt of an updated peer review report. If the audit firm received a peer review rating other than pass, the Auditor shall not contract with the Governmental Unit(s) without first contacting the Secretary of the LGC fora Ift the audit engagement is not subject to Govemment Auditing Standards or if financial statements are not prepared in accordance with U.S. generally accepted accounting principles (GAAP) and fail to include all disclosures required by GAAP, the Auditor shall provide an explanation as to why in an attachment to this 6. Itis agreed that time is of the essence in this contract. All audits are to be performed and the report of audit submitted to LGC Staff within four months of fiscal year end. If it becomes necessary to amend the audit fee or the date that the audit report will be submitted to the LGC, an amended contract along with a written 7. Itis agreed that GAAS include a review of the Governmental Unit's (Units') systems of internal control and accounting as same relate to accountability of funds and adherence to budget and law requirements applicable thereto; that the Auditor shall make a written report, which may or may not be a part of the written report of audit, to the Governing Board setting forth his/her findings, together with his recommendations for improvement. That written report shall include all matters defined as significant deficiencies and material weaknesses" in AU-C 265 oft the AICPA Professional Standards (Clarified). The Auditor shall file a copy oft that For GAAS or Govemnment Auditing Standards audits, if an auditor issues an. AU-C $260 report, commonly referred to as Governance Letter," LGC staff does not require the report to be submitted unless the auditor cites significant findings or issues from the audit, as defined in AU-C $260.12-. .14. This would include issues such as difficulties encountered during the audit, significant or unusual transactions, uncorrected misstatements, matters that are difficult or contentious reviewed with those charged with governance, and other significant matters. If matters identified during the audit were required to be reported as described in AU-C $260.12-.14 and were communicated in a method other than an AU-C $260 letter, the written  Audits in North Carolina" on the LGC's website for more information.  the group auditor in accordance with. AU-6 $600.41 -S $600.42.  explained in an attachment to this contract.  peer review analysis that may result in additional contractual requirements.  contract or in an amendment.  explanation of the change shall be submitted to the Secretary of the LGC for approval.  report with the Secretary of the LGC.  documentation must be submitted.    LGC-205  CONTRACT TO AUDIT ACCOUNTS  Rev. 11/2023 the Governmental Unit's  8. AlIl local government and public authority contracts for audit or audit-related work approval of the Secretary oft the LGC. This includes annual or special audits, agreed require related toi internal controls, bookkeeping or other assistance necessary to prepare the upon procedures records for audit, financial statement preparation, any finance-related work in the State of North Carolina. Approval is also required for the Alternative investigations, or any other audit- related Engagement for auditing the Coronavirus State and Local Fiscal Recovery Funds Compliance Examination expenditures as allowed by US Treasury. Approval is not required on audit contracts and invoices for system improvements and similar services of a non-auditing nature. 9. Invoices for services rendered under these contracts shall not be paid the Governmental the invoice has been approved by the Secretary of the LGC. This also includes by [G.S. 159-34 and 115C-447). All invoices for audit work shall be submitted in PDF any format progress billings of the LGC for approval. the invoice marked 'approved' with approval date shall be returned to the to the Secretary Auditor to present to the Governmental Unit(s) for payment. This paragraph is not applicable to contracts for audits 10. In consideration oft the satisfactory performance of the provisions oft this contract, the Governmental Unit(s) shall pay to the Auditor, upon approval by the Secretary of the LGC if required, the which includes any costs the Auditor may incur from work paper or peer reviews or any other quality assurance fee, program required by third parties (federal and state grantor and oversight agencies or othèr organizations) as required under the Federal and State Single Audit Acts. This does not include fees for reviews that may be required by the NC Association of CPAS (NCACPA) Peer Review Committee any pre-issuance 11. Ift the Governmental Unit(s) has/have outstanding revenue bonds, the Auditor shall submit to LGC either in the notes to the audited financial statements or as a separate report, a calculation demonstrating Staff, compliance with the revenue bond rate covenant. Additionally, the Auditor shall submit to LGC Staff simultaneously with the Governmental Unit's (Units) audited financial statements other bond statements or additional reports required by the authorizing bond documents, unless any otherwise compliance 12. After completing the audit, the Auditor shall submit to the Governing Board a written report shall include, but not be limited to, the following information: (a) Management's Discussion report and (b) the financial statements and notes of the Governmental Unit(s) and all of its  Unit(s) until  of hospitals.  Board of CPA Examiners (see Item 13).  or NC State  bond documents.  specifiedi in the of audit. This Analysis, the  accordance with GAAP, (c) supplementary information  component units prepared in  requested by the Governmental  or  disclosure under the law, and (d) the Auditor's opinion on the material presented. The Auditor Unit(s) shall required furnish for full required number of copies of the report of audit to the Governing Board uponcompletion. 13. If the audit firm is required by the NC State Board, the NCACPA Peer Review Committee, or the Secretary of the LGC to have a pre-issuance review of its audit work, there shall be a statement in the engagement letter indicating the pre-issuance review requirement. There also shall be a statement Governmental Unit(s) shall not be billed for the pre-issuance review. The pre-issuance review shall that the prior to the completed audit being submitted to LGC Staff. The pre-issuance review report shall be performed  audit report upon submission to LGC Staff,  accompany the  Page 3    LGC-205  CONTRACT TO AUDIT ACCOUNTS  14. The Auditor shall submit the report of audit in PDF format to LGC Staff. hospitals, the audit report should be submitted when (or prior to) inspection, review and copyi in the offices oft the LGCI rating services to fulfill secondary market disclosure another deadline is agreed to by LGC Staff.  Rev. 11/2023  For audits of units other than  rendered. The report of audit, as filed with the Secretary oft the submitting the final invoice for services these reports shall be sent to the Secretary oft the by any interested parties. Any subsequent revisions to Auditors' opinion, may be used in the preparation of LGC. official These statements audited financial statements, excluding the and for other lawful purposes oft the Governmental requirements of the Securities and Exchange Commission Staff determines that corrections need to be made to Unit(s) the without requiring consent of the Auditor. If the LGC or the compliance section, those corrections shall be Governmental Unit's (Units') financial statements and/  LGC, becomes ar matter of public record for  for debt offerings by municipal bond  provided within three business days of notification unless  15. Should circumstances disclosed by the audit call for a more detailed necessary under ordinary circumstances, the Auditor shall inform the  investigation by the Auditor than Governing Board iny writing of the need for  such additional investigation and the additional  Secretary oft the LGC, this contract may be modified compensation or amended required therefore. Upon approval by the or both as may be agreed upon by the Governing Board and the Auditor. toi include the increased time, compensation,  16, Ifan approved contract needs to be modified or amended for any writing and pre-audited ift the change includes a change in audit fee hospitals). This amended contract shall be completed ini full, approval. No change to the audit contract shall be effective 17. A copy oft the engagement letter, issued by the Auditor and Governmental Unit(s), shall be attached tot this contract, and precedence. Engagement letter terms that conflict with  the  reason, change shall be made in (pre-audit requirement does not apply to submitted to the Secretary oft the LGC for unless approved by the Secretary of the LGC. signed by the Auditor and the this contract, the terms oft this contract shall take  signed and dated by all original parties to the contract. Its shall including then be a written explanation of the change,  both  services, shall be incorporated by reference as if set forth except for fees, work, and terms not related to audit between the terms oft the engagement letter and the fully terms of herein as part oft this contract. In case of conflict terms oft this contract are specifically deleted in Item 30 the contract are deemed to be void unless the conflicting indemnification clauses shall not be accepted by LGC Staff. oft this contract. Engagement letters containing 18, Special provisions should be limited. Please list any special provisions in an attachment. DPCU is subject to the audit requirements detailed in the Local be audited or report to be submitted. Ifa as separate audit report is issued, a separate audit contract is Government Budget and Fiscal Control Act and  19, A separate contract should not be made for each division to  and the DPCU is included in the primary government on this audit contract. DPCU Board approval date, finance officer also shall be included on this contract. physically signed by all parties including Governmental the Governmental Unit and Auditor of contract  required. Ifas separate report is not to be issued signatures from the DPCU Board chairman and  government audit, the DPCU shall be named  along with the primary not apply tol hospitals), and The staff of the LGC: shall notify of CPA Examiners' Retention of  20. The contract shall be executed, pre-audited (pre-audit requirement does 21. The contract is not valid until it is approved by the Secretary of the LGC. 22. Retention of Client Records: Auditors are subject to the NC State Board Client Records Rule 21 NCAC 08N .0305 as it relates to the  the Secretary of the LGC. contract is approved.  Unit(s) and the Auditor, then submitted in PDF format to  approval by email. The audit should not be started before the  as non-attest services. Clients and former clients should be familiar provision of audit and other attest services, as well  requesting the return of records.  with the requirements of this rule prior to  Page 4    LGC-205  CONTRACT TO AUDIT ACCOUNTS  Rev.11/2023  23. This contract may be terminated at any time by mutual consent and agreement oft the Governmental (b) the parties have agreed on the fee amount which shall be paid tot the Auditor signed by both parties, termination shall be effective until approved in writing by the Secretary of the LGC. (if applicable), and (c) no ofb breach or default on one occasion or instance shall not constitute the waiver of of, any right or an event 25. There are no other agreements between the parties hereto and no other agreements that shall be enforceable unless entered into in accordance with the procedure set out herein relative hereto 26. E-Verify. Auditor shall comply with the requirements of NCGS Chapter 64 Article 2. utilizes any subcontractor(s), Auditor shall require such subcontractor(s) to comply with Further, if Auditor 27. Applicable to audits with fiscal year ends of. June 30, 2020 and later. For all non-attest the Auditor: shall adhere to the independence rules oft the AICPA Professional Code of Conduct services, Govemnment. Auditing Standards, 2018 Revision (as applicable). Financial statement shall be deemed a "significant threat" requiring the Auditor to apply safeguards sufficient preparation to to an acceptable level. Ifthe Auditor cannot reduce the threats to an complete the audit. If the Auditor is able to reduce the threats to an acceptable level, the Auditor cannot All non-attest service(s) being performed by the Auditor that are necessary to perform audit  Unit(s) and the Auditor, provided that (a) the consent to terminate is in writing and 24. The Governmental Unit's (Units') failure or forbearance to enforce, or waiver  default on any subsequent occasion or instance.  such right, breach or  by the Secretary oft the LGC. NCGS Chapter 64, Article 2.  and approved the requirements of  and assistance reduce the threat  this determination, including the skills, knowledge, and/or experience  acceptable level, the documentation of designate an individual with the suitable  safeguards applied, must bei included in the audit workpapers. (SKE) necessary to oversee the services and accept  identified and included in this contract. The Governmental Unit shall  the  must be  the results of the services performed. If the Auditor is able to identify an individual with the responsibility for s/he must document and include int the audit workpapers how he/she reached that conclusion. appropriate SKE, determines that an individual with the appropriate SKE cannot bei identified, the Auditor cannot If the Auditor the non-attest service(s) and the audit. See Fees for Audit Services" page of this contract to disclose perform the both person identified as having the appropriate SKE for the Governmental Unit. 28. Applicable to audits with fiscal year ends of June 30, 2021 and later. The auditor shall audited financial statements including any compliance reports to the government audit committee in an official meeting in open session as soon as the audited financial unit's statements governing body or available but not later than 45 days after the submission oft the audit report to the Secretary. The auditor's are presentation tot the government unit's governing body or audit committee shall include: a) the description of each finding, including all material weaknesses and significant deficiencies, as found by the auditor, and any other issues related toi the internal controls or fiscal health oft the government unit as disclosed in the management letter, the Single Audit or Yellow Book reports, or any other communications from the auditor regarding internal controls as required current c) the values of Financial Performance Indicators based on information presented in the audited  present the  standards set by the Accounting Standards Board or its successor;  by  auditing  b) the status oft the prior year audit findings; financial statements; and Auditor's  d) notification to the governing body that the governing body shall develop a 29. Information based on the audited financial statements shall be submitted to the ofi identifying Financial Performance Indicators and Financial Performance  "Response to the Secretary for the purpose Indicators of Concern. See 20  Findings, Recommendations, and Fiscal Matters,"i if required under 20 NCAC 03. .0508.  NCAC 03 .0502(c)(6).  Page 5    LGC-205  CONTRACT TO AUDIT ACCOUNTS  Rev, 11/2023  30.All oft the above paragraphs are understood and shall apply to this contract, except the following  numbered paragraphs shall be deleted (See Item 171 for clarification).  31. The process for submitting contracts, audit reports and invoices is subject to change. Auditors and units should use the submission process and instructions in effect at the time ofs submission. Refer to the N.C. Department of State Treasurer website at ntps/www.neteasurercomsate-anoca- pemmeninanedwsonkawlapseaomasbnlaemitingyouraut tot the email addresses provided on the signature pages that follow.  32. All communications regarding audit contract requests for modification or official approvals will be sent 33. Modifications to thel language and terms contained in this contract form (LGC-205) are not allowed.  Page 6    LGC-205  CONTRACT TO AUDIT ACCOUNTS FEES FOR AUDIT SERVICES  Rev. 11/2023  1. For all non-attest services, the Auditor shall adhere to the independence rules of the AICPA Professional Code of Conduct (as applicable) and Government Auditing Standards,2018 Revision. Refer to Item 27 of this contract for specific requirements. The following information must be provided by the Financial statements were prepared by: Auditor Governmental Unit Third Party Ifa applicable: Individual at Governmental Unit designated to have the suitable skills, experience (SKE) necessary to oversee the non-attest services and accept  contracts and/or  presented to the LGC without this information willl be not be approved.  Auditor; knowledge, responsibility for the  results of these services: Name; Kelly Melton  Title and Unit/ Company: Finance Officer  Email Address: fnmedomohawmilw.ean  OR Not Applicable (Identification of SKE Individual on the LGC-205 Contract is not applicable for 2. Fees may not bei included in this contract for work performed on Annual Financial Information (AFIRS), Form 990s, or other services not associated with audit fees and costs. Such fees may bei Reports included ini the engagement letter but may not be included in this contract or in any invoices requiring 3, The audit fee information included in the table below for both the Primary Government Fees and the DPCU Fees (if applicable) should be reported as a specific dollar amount of audit fees for the year under this contract. If any language other than an amount is included here, the contract will be returned to the audit form for correction. 4. Prior to the submission of the completed audited financial report and applicable compliance reports this contract, or to an amendment to this contract (if required) the Auditor may: submit interim invoices for subject to approval for services rendered under this contract to the Secretary of the LGC, not to exceed 75% of the for the unit's last annual audit that was submitted to the Secretary oft the LGC. All invoices for services rendered billings in an audit engagement as defined in 20 NCAC .0503 shall be submitted to the Commission for approval before any payment is made. Payment before approval is a violation of law. (This paragraph not  GAAS-only audits or audits with FYES prior to. June 30, 2020.)  oft the approval LGC. See  Items 8 and 131 for details on other allowable and excluded fees.  to contracts  and invoices associated with audits of hospitals). Audit Fee (financial and compliance ifapplicable) $ 8775 Fee per Major Program (ifr not included above) $ Financial Statement Preparation (incl. notes and RSI) $ 4725  applicable  Primary Government Unit  Town of Sawmills  Additional Fees Not Included Above (ifa applicable);  AII Other Non-Attest Services TOTAL AMOUNT NOT TO EXCEED Discretely Presented Component Unit Audit Fee (financial and compliance if applicable) $ Fee per Major Program (ifr not included above) $ Financial Statement Preparation (incl. notes and RSI) $ All Other Non-Attest Services TOTAL AMOUNT NOT TO EXCEED  $ $ N/A  13,500  Additional Fees Not Included Above (if applicable):  $ $ Page 7    LGC-205  CONTRACT TO AUDIT ACCOUNTS SIGNATURE PAGE AUDIT FIRM  Rev. 11/2023  Audit Firm* Lowdermilk Church & Co., LLP James Lowdermilk Date*  Authorized Firm Representative (typed or printed)*  L Febatt m.bwdemulk@lowdemilkehurchep.com  Email Address"*  GOVERNMENTAL UNIT  Governmental Unit* Town of Sawmills Date Governing Board Approved Audit Contract* (Enter date in box to right) Mayor/Chaimperson (typed or printed)* Keith Warren Date  Signature* Email Address* wmdowoawmilizcon  Chair of Audit Committee (typed or printed, or" "NA") Signature  N/A Date  Email Address  GOVERNMENTAL UNIT - PRE-AUDIT CERTIFICATE  Required by G.S. 159-28(a1) or G.S. 115C-441(a1). Not applicable to hospital contracts.  This instrument. has been pre-audited. in the manner required by The Local Govemment  Control Act or by the School Budget and Fiscal Control Act.  Budget and Fiscal  Sum Obligated by This Transaction:  $  13,500  Primary Governmental Unit Finance Officer* (lypedo orpinted) Signature*  Kelly Melton  Date of Pre-Audit Certificate*  Email Address* owohwalisceon  Page 8    LGC-205  CONTRACT TO AUDIT ACCOUNTS SIGNATURE PAGE-DPCU (complete only if applicable)  Rev.1 11/2023  DISCRETELY PRESENTED COMPONENT UNIT  DPCU* N/A  Date DPCU Governing Board Approved Audit Contract" (Enter date in box to right) DPCU Chairperson (typed or printed)*  Signature" Email Address*  Date*  Chair of Audit Committee (typed or printed, Or"NA") Signature  Date  Email Address  DPCU - PRE-AUDIT CERTIFICATE  Required by G.S. 159-28(a1) or G.S. 115C-441(a1,.Not:  applicable to hospital contracts.  This instrument has been pre-audited: in the Sum Obligated by this Transaction: DPCU Finance Officer (typed or printed)* Date of Pre-Audit Certificate*  Control Act or by the School Budget and Fiscal mannerrequired: Contro/Act. by The Local Govemment Budget and Fiscal  $ Signature* Email Address*  Remember to print this form, and obtain all required signatures prior to submission.  PRINT  Page 9    Lowdermilk Church & Co., L.L.P. Certified Public Accountants  121 North Sterling Street Morganton, North Carolina 28655 Phone: (828)433-1226 Fax: (828).433-1230 December 20, 2023  Tol Honorable Mayor and Members of the Town Council Town of Sawmills Sawmills, North Carolina  We are pleased to confirm our understanding of the services we are to provide Town of Sawmills, North Carolina We will audit the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information, and the disclosures, which collectively comprise the basic financial statements ofTown of Sawmills, North Carolina as of and for the year ended. June 30, 2024. Accounting standards generally accepted int the United States of America (GAAP) provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to supplement Town of Sawmills, North Carolina's basic financial statements. Such information, although nota aj part oft the basic financial statements, is required by the Governmental Accounting Standards Board who considers it tol be an essential part offinancial reporting for placing the basic financial statements in an appropriate operational, economic, or historical context. As part of our engagement, we will apply certain limited procedures to Town of Sawmills, North Carolina's RSI in accordance with auditing standards generally accepted in the United States of America (GAAS). These limited procedures will consist of inquiries of management regarding the methods of preparing the information and comparing the information for consistency with management'si responses to our inquiries, the basic financial statements, and other knowledge we obtained during our audit oft the basic financial statements. Wev will note express an opinion or provide any. assurance on the information because the limited procedures do not provide us with sufficient appropriate evidence to express an opinion or provide any assurance, The following RSI is required by GAAP and will be  for the year ended June 30, 2024. Audit Scope and Objectives  subjected to certain limited procedures, but will not be audited: I) Management's Discussion and Analysis. 2) Budgetary Comparison information.  3) Local Government Employees' Retirement System Schedule of the Proportionate Share of Net Pension  Liability (Asset) and Schedule of Contributions.  We have also been engaged to report on supplementary information other than RSI that accompanies Town of Sawmills, North Carolina's finançial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the financial statements and certain additional procedures, including comparing and reconciling such information directly to the underlying accounting and other records used to prepare the financial statements or to the financial statements themselves, and other additional procedures in accordance with GAAS, and we will provide an opinion on it in relation to the financial statements as a whole in a report  combined with our auditor's report on the financial statements: 1) Combining and] Individual Fund Financial Statements.  2) Budgetary Schedules. 3) Other Schedules.    The objectives of our audit are to obtain reasonable assurance as to whether the financial statements as a whole are free from material misstatement, whether due to fraud or error; issue an auditor's report that includes our opinion about whether your financial statements are fairly presented, in all material respects, in conformity with GAAP; and report on the fairness ofthes supplementary information referred toi in thes second paragraph when considered in relation to the financial statements as a whole. Reasonable assurance isa al high level ofassurancel buti is nota absolute assurance and therefore is not a guarantee that an audit conducted in accordance with GAAS and Govermment Auditing Slandards will always detect a material misstatement when it exists. Misstatements, including omissions, can arise from fraud or error and are considered material if there is a substantial likelihood that, individually or in the aggregate, they would influence the judgment ofar reasonable user made based on the financial statements. The objectives also include reporting on internal control over financial reporting and compliance with provisions ofl laws, regulations, contracts, and award agreements, noncompliance with which could have a material effect on Wey will conduct our audit in accordance with GAAS andt the standards for financiala audits contained in Govermmen! Auditing Standards, issued by the Comptroller General of the United States, and will include tests of your accounting records ofTown of Sawmills, North Carolina and other procedures we consider necessary to enable us to express such opinions. As part of an audit in accordance with GAAS and Govermment Auditing, Standards, we We will evaluate the appropriateness of accounting policies used and the reasonableness ofsignificant accounting estimates made by management. Wewill also evaluate the overall presentation ofthe financialstatements, including the disclosures, and determine whether the financial statements represent the underlying transactions and events in a manner that achieves fair presentation. We will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free ofmaterial misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation ofassets, or (4) violations of! laws or governmental regulations that are attributable to the government or to acts by management or employees acting on behalf of the government. Because the determination of waste and abuse is subjective, Govermment. Auditing Standards do not expect auditors to perform specific procedures to detect waste or abuse in financial audits nor do they expect auditors to provide, reasonable Because of the inherent limitations of an audit, combined with the inherent limitations of internal control, and because we will not perform a detailed examination of all transactions, there is an unavoidable risk that some material misstatements may not be detected by us, even though the audit is properly planned and performed in accordance with GAAS and Govermment Auditing Standards. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform the appropriate level of management of any material errors, fraudulent financial reporting, or misappropriation of assets that comes to our attention. We will also inform the appropriate levelo ofmanagement ofany violations oflaws or governmental. regulations that comet to oura attention, unless clearly inconsequential. Our responsibility as auditors is limited to the period covered by our audit and does Inc connection with this engagement, we may communicate with you or others via email transmission. As emails can be intercepted and read, disclosed, or otherwise used or communicated by an unintended third party, or may not be delivered to each of the parties to whom they are directed and only to such parties, we cannot guarantee or warrant that emails from us will be properly delivered and read only by the addressee. Therefore, we specifically disclaim and waive any liability or responsibility whatsoever fori interception or unintentional disclosure ofe emails transmitted by us in connection with the performance of this engagement. In that regard, you agree that we shall have no liability for any loss or damage to any person or entity resulting from the use of email transmissions, including any consequential, incidental, direct, indirect, or special damages, such as loss of revenues or anticipated We will also conclude, based on the audit evidence obtained, whether there are conditions or events, considered in the aggregate, that raise substantial doubt about the government's ability to continue as a going concern for a  the financial statements in accordance with Government Auditing Slandards. Auditor's Responsibilities for the Audit of the Financial Statements  exercise professional judgment and maintain professional skepticism throughout the audit.  assurance of detecting waste or abuse.  not extend to any later periods for which we are not engaged as auditors.  profits, or disclosure or communication of confidential or proprietary information.  reasonable period of time.    Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, tests ofthe physical existence ofinventories, and direct confirmation ofr receivables and certain assets and liabilities by correspondence with selected customers, creditors, and financial institutions. We will also request written representations from your attorneys as part oft the engagement: and they may bill you for responding to this inquiry. We have identified the following significant risk(s) of material misstatement as part of our audit planning: The significant risks above were identified in the prior-period audit and wel believe they are: still relevant.  Improper revenue recognition. Management override of controls.  However. Planning has not been concluded and modifications may be made. Ouraudit off financial statements does not relieve you of your responsibilities.  Audit Proedlures--Internal Control  We will obtain an understanding oft the government and its environment, including the system ofi internal control, sufficient to identify and assess the risks ofmaterial misstatement of the financial statements, whether due to error or fraud, and to design and perform audit procedures responsive to those risks and obtain evidence that is sufficient and appropriate to provide a basis for our opinions. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less ins scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. The risk of not detecting a material misstatement resulting from fraud is higher than for one resulting from error, as fraud may involve collusion, forgery, intentional omissions, misrepresentation, or the override ofi internal control. An audit is not designed to provide assurance on internal control or to identify significant deficiencies or material weaknesses. Accordingly, we will express no such opinion. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under As part of obtaining reasonable assurance about whether the financial statements are free ofmaterial misstatement, we will perform tests of Town of Sawmills, North Carolina's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to We will also assist in preparing the financial statements and related notes ofTown of Sawmills, North Carolina in conformity with accounting principles generally accepted in the United States of America based on information provided by you. We will also prepare the following based on information provided by you: updating of depreciation schedules, AFIR and Unit Data Input Worksheet. These nonaudit services do not constitute an audit under Govermment Auditing Standards and such services will not be conducted in accordance with Govermment Auditing Standards. We will perform the services in accordance with applicable professional standards. The other services are limited to the financial statement services previously defined. We, in our sole professional judgment, reserve the right to refuse to perform any procedure or take any action that could be construed as assuming You agree to assume all management responsibilities relating to the financial statements and related notes and any other nonaudit services we provide. You will be required to acknowledge in the management representation letter our assistance with preparation of the financial statements and related notes and that you have reviewed and approved the financial statements and related notes prior tot theiri issuance and have accepted responsibility for them. Further, you agree to oversee the nonaudit services by designating an individual, preferably from senior  AICPA professional standards and Govermment Auditing Standards.  Audit rocdare-Complance  Govermment Auditing Standards, Other Services  management responsibilities.    management, with suitable skill, knowledge, or experience; evaluate the adequacy and results ofthose services; and Our audit will be conducted on the basis that you acknowledge and understand your responsibility for designing, implementing, establishing, and maintaining effective internal controls relevant to the preparation and fair presentation off financial statements that are free from material misstatement, whether due to fraud or error, and for evaluating andi monitoring ongoing activities to help ensure that appropriate goals and objectives arei met; following laws and regulations; and ensuring that management and financial information is reliable and properly reported. Management is also responsible for implementing systems designed to achieve compliance with applicable laws, regulations, contracts, and grant agreements. You are also responsible for the selection and application of accounting principles, for the preparation and fair presentation of the financial statements and all accompanying information in conformity with accounting principles generally accepted in the United States of America, and for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making drafts of financial statements, all financial records, and related information available to us and for the accuracy and completeness oft that information (including information from outside of the general and subsidiary ledgers). You are also responsible for providing us with (1) access to all information of which you are aware that is relevant to the preparation and fair presentation of the financial statements, such as records, documentation, identification ofall related parties and all related-party relationships and transactions, and other matters; (2) additional information that we may request for the purpose ofthe: audit; and (3)unrestricted access to persons within the government from whom we determine iti necessary to obtain audit evidence.. Att the conclusion of our audit, we will require certain written representations from you about your responsibilities for the financial statements; compliance with laws, regulations, contracts, and grant agreements; and other responsibilities required Your responsibilities include. adjusting thet financial statements to correct material misstatements and for confirming to us in the written representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the government complies with applicable laws, regulations, contracts, agreements, and grants andi for taking timely and appropriate steps to remedy fraud and noncompliance with provisions ofl laws, regulations, or contracts or grant agreements that You are responsible for the preparation of the supplementary information, which we have been engaged to report on, in conformity with accounting principles generally accepted in the United States of America (GAAP). You agree to include our report on the supplementary information in any document that contains, and indicates that we have reported on, the supplementary information. You also agree to [include the audited financial statements with any presentation of the supplementary information that includes our report thereon OR make the audited financial statements readily available to users of the supplementary information no later than the date the supplementary information is issued with our report thereon]. Your responsibilities include acknowledging to us in the written representation letter that (1) you are responsible for presentation of the supplementary information in accordance with GAAP; (2) you believe the supplementary information, including its form and content, is fairly presented in accordance with GAAP;(3) the methods ofmeasurement or presentation have not changed from those used in the prior period (or, ifthey have changed, the reasons for such changes); and (4)you have disclosed to us any significant assumptions or interpretations underlying the measurement or presentation oft the supplementary information.  accept responsibility for them.  Responsibilities of Management for the) Financial Statements  by GAAS and Govermment Audiling Slandards.  aggregate, to the financial statements of each opinion unit taken as a whole.  we report.    With regard to publishing the financial statements on your website, you understand that websites are a means distributing information and, therefore, we are not required to read the information contained in those sites of consider the consistency ofother information on the website with the original document. Management is responsible for establishing and maintaining aj process for tracking the status of audit recommendations. Management is also responsible fori identifying and providing report copies audits, attestation engagements, performance audits or other studies related to the objectives discussed ofprevious in the Audit Scope and Objectives section of this letter. This responsibility includes relaying to us corrective actions taken address significant findings and recommendations resulting from those audits, attestation performance audits, or other studies. You are also responsible for providing management's views on engagements, our current findings, conclusions, and recommendations, as well as your planned corrective actions, for the report, and for  or to findings financial and  to the  timing and format for providing that information. Engagement Administration, Fees, and Other  We understand that youre employees will prepare all cash, accounts receivable, or other confirmations ands schedules communicate with you regarding the scope oft the additional services and the estimated fees. Ifthis We also occurs, may we issue will a separate engagement letter covering the additional services. In the absence of any other written communication from us documenting such additional services, our services will continue to be governed by the terms of this We will provide copies of our reports to the Town; however, management is responsible for distribution of the reports andi the financial statements. Unless restricted by law or regulation, or containingprivleged and confidential The audit documentation for this engagement is the property ofl Lowdermilk Church & L.L.P. and constitutes confidential information. However,subject: to applicable laws andi regulations, audit documentation Co., individuals will be made available upon request and in a timely manner to the Local Government Commission appropriate its designee, a federal agency providing direct or indirect funding, or the U.S. Government for the purposes ofa quality review oft the audit, to resolve audit findings, or to carry out Accountability We will notify you ofa any such request. Ifrequested, access to such audit documentation will oversight bej providedi responsibilities. under supervision of Lowdermilk Church & Co., L.L.P. personnel. Furthermore, upon request, we selected audit documentation to the aforementioned parties. These parties may intend or decide may provide to distribute copies the of copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of five years after the date or for any additional period requested by the Local Government Commission. If we are aware report that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit James E. Lowdermilk is the engagement partner and is responsible for supervising the engagement and To ensure that Lowdermilk Church & Co., L.L.P.'s independence is not impaired under the AICPA Professional Conduct, you agree toi inform the engagement partner before entering into substantive Code of Our audit ends on delivery of our audit report. Any follow-up services that might be required willl be a new engagement. The terms and conditions of that new engagement will be governed by a new, specific separate, Our fee for services willl be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, confirmation: service provider fees, etc.) except that we agree that our gross fee, including expenses, will not exceed $13,500, Our standard hourly rates vary according to the responsibility involved and the experience level of the personnel assigned tos your audit. Ourinvoices degree will be rendered each month as work progresses and are payable on presentation. In accordance with for these fees  we request and will locate any documents selected by us fort testing.  Your may request that we perform additional services not addressed in this engagement letter.  engagement letter.  information, copies of our reports are to be made available for public inspection.  anda  Office or the  release finding the signing employment  for guidance prior to destroying the audit documentation. reports or authorizing another individual to sign them.  discussions with any of our personnel. engagement letter for that service.  any  of our firm    policies, work may be suspended ify your account becomes 30 days or more overdue and not resumed your account is paid in full. Ifwe elect to terminate our services fori nonpayment, our may be to have been completed upon written notification of termination, even ifwe have not engagement will be deemed will be obligated to compensate us for all time expended and to reimburse us for allo out-of-pocket completed costs our report. You date oftermination. The above feei is based on anticipated cooperation from your personnel and the through the unexpected circumstances will not be encountered during the audit, Ifsignificant additional time is assumption that will discuss it with you and arrive at a new fee estimate before we incur the additional costs. We are necessary, we inform you that we charge interest at a rate of 18% per annum on all invoices over 30 days old.  until  required to  Reporting  We will issue a written report upon completion of our audit of Town of  North  statements, Our report will be addressed to the Mayor and members of the Town Sawmills, Council of Carolina's Town of financial North Carolina. Circumstances may arise in which our report may differ from its expected form and content Sawmills, our opinions, add a separate section, or add an emphasis-of-matterc or other-matter may necessary for us to modify or ifr necessary, withdraw from this engagement. If our opinions are other than paragraph to oura auditor'sreport, reasons with you in advance. If, for any reason, we are unable to complete the audit unmodified, or are unable we will to form discuss the not formed opinions, wei may decline to express opinions or issue reports, or we may withdraw from this engagement. or have Ifc circumstances occur related to the condition of your records, the availability of sufficient, evidence, or the existence of a significant risk ofmaterial misstatement of the financial statements appropriate caused fraudulent financial reporting, or misappropriation of assets, which in our professional judgment completing the audit or forming an opinion on the financial statements, we retain the action permitted by professional standards, including declining to express an opinion right or issue any a We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of laws, regulations, contracts, and which could have a material effect on the financial statements as required by grant Govermment. noncompliance with report on internal control and on compliance and other matters will state (1) that the to describe the scope of testing of internal control and compliance, and the results of that purpose of the and report is solely an opinion on the effectiveness of the entity's internal control on compliance, and (2) that testing, the part ofan audit performed in accordance with Govermment. Auditing Standards in considering report the is an integral internal control and compliance. Thei report will also state that the report is not suitable for any other audit we become aware that Town of Sawmills, North Carolina is subject to an audit requirement purpose. Ifduring that is our encompassed in the terms of this engagement, we will communicate to management and those governance that an audit in accordance with U.S. generally accepted auditing standards and the charged standards with  on the results of our audit. Depending on the nature of these circumstances, it be  based  audit by us error, from of or report,  to take prevent course  withdrawing from the engagement.  agreements,  Auditing Standards. The  not toj provide entity's  not for legal, regulatory, or and report any report accompanies this  financial audits contained in Government Auditing Standards may not  the relevant  contractual letter.  requirements.  satisfy  You have requested that we provide you with a copy of our most recent external peer review subsequent reports received during the contract period.. Accordingly, our 2021 peer review    Weappreciate the opportunity tol bec ofservice toTowno ofSawmills, North Carolina and believe this letteraccurately summarizes the significant terms of our engagement, Ifyou have any questions, please let us know. Ify you agree with the terms of our engagement as described in this letter, please sign the attached copy and return itt to us,  Very trulys yours,  Baz Snnll  James E. Lowdermilk RESPONSE:  This letter correctly sets forth the understanding ofTown of Sawmills, North Carolina.  Management signature: Title: Date:  Governance signature: Title: Date:    AGENDA ITEM 8B  MEMO DATE: SUBJECT:  January 16, 2024 Financial: Financial Report as December 31,2023  Discussion:  Attached is the quarterly financial report as ofDecember 31, 2023 for the Town of Sawmills.  Recommendation: No Council action required.    Town of Sawmills Financial Summary As-of12/31/2023  General Fund Asof 12/31/2023  2023-2024 Budget  %of Budget 37.79% 31.83%  Revenues Expenditures Over/Under  $4,612,729 $1,742,976 $4,612,729 $1,468,127  $274,849 Water/Sewer Fund Asof 12/31/2023 $671,651  2023-2024 Budget $1,493,781  %of Budget 44.96% 45.16%  Revenues Expenditures Over/Under  $1,493,781 $674,639  ($2,988)  Capital Project- Town Hall Asof 12/31/2023 $48,840  Project Budget $473,000  %of Budget 10.33%  Architect  Total Expenditures  $48,840  Capital Project South Caldwell Sewer Pump Station Elevation Project  Project Budget $70,000 $308,000  Asof 12/31/2023 $0 $0 $0  %of Budget 0.00% 0.00%  Phase 1 Phase 2  Total Expenditures    AGENDA ITEM 8C  MEMO DATE: SUBJECT:  January 16, 2024 Finance Matters: FEMA Building Resilient Infrastructure and Communities (BRIC) Project South Caldwell Sewer Pump Station Elevation Project Statement of Qualifications for Engineering Services  Discussion:  On November 16, 2023, the Town of Sawmills was awarded the Building Resilient Infrastructure and Communities (BRIC) Grant. The project is the for the South Caldwell Sewer Pump Station Elevation Project. The grant agreement is between the State of North Carolina, Department of Public Safety ("Grantee"): and the Town of Sawmills, North Carolina ("SubGrantee).  Ina accordance with the Uniform Guidelines, there must be some formal publication oft the Request For Qualifications (RFQ) for Engineering Services. Staff posted the BRIC Engineering Services RFQ on the North Carolina Electronic Vendor Portal and the Town of Sawmills Website, with qualifications being due by 2:00pm on Thursday,.January 4, 2024.  The Town received one qualification statement from West Consultants, PLLC.  Recommendation:  Staff recommends Council proceed with engineering services from West Consultants, PLLC.    WEST  405 South Sterling Street, Morganton, NC28655  CONSULTANTSmIC 828 433 5661 /1 fax828433.5662 / mio@wesconulants.com  January 2, 2024  Chase Wineberger, Town Manager Sawmills Town Hall 4076 US Highway 321-A Sawmills, NC 28630  RE: Federal Emergency Management Agency (FEMA)  Building Resilient Infrastructure & Communities (BRIC) Project South Caldwell Sewer Pump Station Elevation Project Statement of Qualifications for Engineering Services  Dear Mr. Wineberger:  West Consultants, PLLC submits this letter ofinterest and accompanying information in response to the request for qualifications (RFQ) for the referenced project. It think you will find that our firm is the best selection for this project. There are several reasons we believe this is  true, but a few ofthem are:  Our office is nearby, and we have worked in and around the Sawmills area since our firm was founded in 1979. Therefore, we are well acquainted with the local conditions and people involved (such as regulating agencies, utility owners, contractors, terrain, etc.). Wel have extensive experience in planning, surveying, design, bidding, and construction administration for municipal water and sewer infrastructure projects. We have completed many projects oft this type, and some are listed in the enclosed Statement of We are a small business yet fully capable of providing the services needed. This project would be significant for us and therefore we would be focused on its timely and quality completion. We have 14 employees. Our single office is in Morganton. We are able to provide all ofthe requested services using our own personnel, except for electrical design services. For electrical design services, we would partner with Watts Engineers, PLLC of Morganton, North Carolina. Watts Engineers, PLLC has extensive Wej primarily serve governmental clients and thus have a considerable knowledge of public construction requirements, such as minority business solicitation, bonding, and  Qualifications.  experience in electrical design for pump stations.  contractor licensing requirements.    Mr. Chase Wineberger Page 2 January 2, 2024  These are ai few of our relevant qualifications. Please review the others and the additional Thank you for your consideration of our firm. We are able and eager tol begin work as soona as selected, should we be SO fortunate. Please contact me at (828)522-4728 or at bthomas@west-  information enclosed.  consultants.com ifyou have any questions.  Sincerely,  WEST CONSULTANTS, PLLC B-17 Benjamin B. Thomas, PE  /kj Enclosures    Town ofSawmills  Federal Emergency ManagementAgency (FEMA) Building Resilient Infrastructure & Communities Project (BRIC) South Caldwell Sewer Pump Station Elevation Project  Statement ofQualifications Engineering Services  for  Submitted by: Benjamin B. Thomas, PE West Consultants, PLLC 405 South Sterling Street Morganton, Phone: (828) 433-5661 bthomas@west-consultants.com  WEST CONSULTANTS. PLLC  North Carolina    28655  NC License No. P-0210    Table of Contents  A. Project Team  1. General Information oft the Firm 2. Personnel 2.1 Key Individuals 2.2 Resumes of Key Individuals 3. Experience with Probable Cost 4. Proximity and Availability 5. Dispute Mitigation  1 1 1 2 4 5 5 5 5 6 6 6  2.3 Electrical Engineering Sub-Consultant (Watts Engineers, PLLC)  6. Relation with Local Water: and Sewer Infrastructure Providers  7. Relationship with State Regulators and North Carolina Department of Transportation  8. Experience with Federally Funded Projects 9. Firm Historyand Services  B. Previous Experience and References for Similar Projects  1. Related Projects (partial listing - current and completed) 1.1 Related Projects (partial listing - current) 1.2 Related Projects (partial listing - completed)  8 9 10 12 14  2. References C. ProjectApproach  Qualifications for Engineering Services Town of Sawmills South Caldwell Sewer Pump Station Elevation Project    A. Project Team  1.  General Information ofthe Firm Firm Name and Address  West Consultants, PLLC 405 South Sterling Street Morganton, NC 28655 (828)433-5661 (828)433-5662  Phone Number Fax Number E-Mail Address Direct Phone Number Firm Information  bthomas@west-consultants.com (828)522-4728 Operates as a Partnership  West Consultants, PLLC is properly registered with the NC Secretary of State and with the NC Board of Examiners for Engineers and Surveyors as a professional NC Board of Examiners for Engineers and Surveyors Established in: 1979 as West and Associates, PA NCDOT-Certified Small Professional Services Firm (SPSF) Benjamin B. Thomas, PE - Engineering Manager Dolphus E. Harmon, PLS-Surveying Manager The principals and associates of West Consultants, PLLCI have no corporate or familial affiliations with Town of Sawmills staff or elected officials. West Consultants is insured through Beazley America Insurance Company, Inc. for upi to $2,000,000 per claim, pery year. A certificate of insurance is available upon  limited liability company. License No. P-0210  Names of Principals  Todd. J. Poteet, PE  Conflict of Interest  Professional Liability Insurance  request.  2.  Personnel 2.1 Key Individuals  The following key individuals would be assigned to this project if West  Consultants, PLLC is the selected firm.  Qualifications for Engineering, Consulting, and Design Services South Caldwell Sewer Pump Station Elevation Project  Town of Sawmills    Benjamin B. Thomas, PE - Lead Designer and Project Manager  30+ years' experience inc design and construction administration for various types of local government projects, including municipal utility  systems  Dolphus E. Harmon, PLS-L Land. Surveying 38y years' experience in civil surveys James A. Teague - Construction Observation  5+y years' experience in local government construction projects These individuals have extensive experience with utility projects. Résumés are included in this submittal. All personnel are based in our Morganton office which is West Consultants' only office. Mr. Thomas would be the Project Manager. Mr. Thomas has extensive experience with projects of this type and, inp particular, he has experience with the utility systems, the regulators, and the Ina addition, the following individuals at West Consultants, PLLC: are full-time, licensed professionals and interns available to assist with the project. Todd. J. Poteet, PE, Principal, Civil Engineering, License #28906 Austin T. Loney, PE, Civil Engineering, License #056870 Ronald S. Lynn, EI, Civil Engineering Matthew C. Carswell, EI, Civil Engineering Benjamin M. Lail, EI, Civil Engineering 2.2 Résumés of Key Individuals BENJAMIN B. THOMAS, PE EDUCATION:  related organizations.  North Carolina State University, 1990 Bachelor of Science Degree in Civil Engineering  PROFESSIONAL REGISTRATION: North Carolina. PROFESSIONAL: ASSOCIATIONS: PRESENT POSITION:  Registered Professional Engineer #20757  NC Wastewater (Collections) Grade 3 Certified Operator American Water Works Association National Society of Professional Engineers Grade III Collection Systems ORC PROFESSIONAL RESPONSIBILITIES:  Professional Engineer, WEST CONSULTANTS, PLLC, 1990 present Responsible for management and planning of work activities including marketing, public relations, presentations, client coordination, and general project review. Responsible for planning, development, and design of projects, and construction administration.  Qualifications for Engineering, Consulting, and Design Services South Caldwell Sewer Pump Station Elevation Project  Town of Sawmills  2    DOLPHUS E. (DEE) HARMON,PLS  EDUCATION:  Western Piedmont Community College, 1995 A.A.S. - Civil Engineering Technology Estate, CADD, Soils, Hydrology) North Carolina State University, 1977-1982 Majored in Civil Engineering PROFESSIONAL REGISTRATION: North Carolina. RELATED EXPERIENCE:  (Relevant courses include Project Planning, Materials, Economics, Real  Professional Land Surveyor  Sole proprietor of land surveying firm specializing in mortgage, boundary, and engineering: surveys (1991-1996). Survey department manager at' W. K. Dickson & Co., Inc. (1996-2000). North Carolina Society of Surveyors  PROFESSIONAL ASSOCIATIONS: PRESENT POSITION:  Professional Land Surveyor, WEST CONSULTANTS, PLLC, 2000- present Responsible for coordinating fieldwork fore engineering surveys, office work for engineering/design of projects and CAD design.  PROFESSIONAL RESPONSIBILITIES:  James A. Teague,Jr. EDUCATION:  East Carolina University Greenville, 2017 Bachelor of Science Degree, Health Fitness Specialist  RELATED EXPERIENCE:  Previously worked with M & KI Enterprises as a roller operator, assisted with) job preparation, checked asphalt density, and has experience with Construction Observer, WEST CONSULTANTS, PLLC, 2017- - present Perform field inspections, review contractor's applications for payment, submit inspection reports, and gather field data for design of projects. NC Wastewater (Collections) Grade 1 ORC, WEST CONSULTANTS, PLLC  traffic control and concrete work.  PRESENT POSITION:  PROFESSIONAL RESPONSIBILITIES:  CERTIFICATIONS:  Qualifications for Engineering, Consulting, and Design Services South Caldwell Sewer Pump Station Elevation Project  Town of Sawmills  3    2.3 Electrical Engineering Sub-Consultant  WATTS ENGINEERS, PLLC 4876 US64 Morganton, NC 28655 Phone (828) 584-3676 Fax (828) 584-3677 Michael N. Watts, P.E. Member, Watts Engineers, PLLC President, Watts Services, Inc. Electrical Engineering Business Management  EDUCATION  Graduated from NC State University in 1988 with al B.S.in Graduated from NC State University in 1995 with al M.S. in Founded' Watts Engineers, PLLC in 1997 as ap partner with Max D. Watts to prepare designs, specifications and drawings ofp plumbing, mechanical and electrical systems for architects, engineers and commercial, industrial andi institutional owners. Watts Services. Inc. - President. NEBB Certified Test and Balance Professional. TAB duties include estimation/bidding: and supervision of TAB projects. Supplemental TAB education and experience includes completion oft two hands-on courses int testing and balancing of environmental systems through the University of Wisconsin and annual NEBB chapter seminars. Maddux Supply Company, Greenville, NC- General Manager off firm providing products, materials and supplies to the construction industry. Developed marketing strategy ands sales plans, recruited employees, served as technical support for customers and sales force, and maintained overall responsibility for operations and financial success. Electrical Equipment Company, Raleigh, NC - Applications Engineer. Designed and supervised implementation of control systems involving electric motors, variable frequency drives, programmablel logic controllers and various sensors. Directed and supervised technical personnel in building engineered control panels. Assisted customers withi installation andi initial Fieldcrest Cannon, Inc., Smithfield, NC Product Development Engineer. Developed electrical and electronic controls protection circuitry for electric blankets. Designed and tested wire configurations to reduce electromagnetic field exposure National Society of Professional Engineers Firm Member National Environmental Balancing Bureau, National Fire Protection Association (NFPA) Architects, Engineers and Building Officials Section Professional Engineer (#22043) Electrical Contractor-Unlimted: (#7450U) NC Home Inspector (#774) NEBB Certified Professional - Air & Hydronics with Watts Services, Inc., NEBB Certification #3189  EXPERIENCE  startup ofe equipment and systems.  from electric blankets. MEBB Chapter  ORGANIZATIONS  NC LICENSES TEST & BALANCE CERTIFICATIONS  Qualifications for Engineering, Consulting, and Design Services South Caldwell Sewer Pump Station Elevation Project  Town of Sawmills    3.  Experience with Estimates of] Probable Cost  Almost every water and wastewater project we provide services fori includes the provision of an estimate of construction costs. Such estimates are done in both the preliminary and final design phases. Below are at few examples of our firm's past cost  opinions compared to bid prices.  Client Name Alexander County Alexander County Alexander County  Project Title Brief Project Description Industrial Park Approximately 1,200LFof  Estimated Cost & Bid Bid $84,929.68 Est. $1,085,000.00 Bid $1,175,861.90  Wastewater Shurtape. Job Retention Wastewater Project Stony Point Elementary School Wastewater Project Eckard Creek Sewer  sewer: force main, 1,300 LF Est. $136,916.00  ofg gravity: sewer anda a pump station Approximately 18,000 LF of sewer force main, one pump: station and appurtenances Approximately 2,005 LF of of8" gravity sewer and a pump station Approximately 7,511 LFof PVC sewer force main with appurts. and one duplex pump station, complete 1,837 LF of 8" san. sewer, of4" service, one pump station, and appurtenances  4": sewer force main, 940 LF Est. $603,800.00  Bid $582,208.57  Burke County  Est. $1,471,000.00 Bid $1,495,998.36  Rehabilitation 1,000 gpm suction lift  Troutman (Town of)  Goodman Road 1,726 LF of4" FM, 3,695 LF Est. $413,000.00  Sewer  Bid $367,022.33  4.  Proximityand Availability  Our office isi in Morganton, North Carolina, which is 181 miles from Sawmills. Therefore, our personnel can respond quickly any time our presence is needed at the site ora at the  Town Hall. Dispute Mitigation  5.  West Consultants, PLLCI has experience with assisting Owners in navigating contractor disputes. We work hard to communicate with all parties in a spirit of understanding and Relationshipy with Local Waterand Sewer Infrastructure Providers In addition to our long history of working with local government clients in the Mountain and Western Piedmont of North Carolina, West Consultants, PLLCa also has a good working relationship with local construction and service contractors in the area. We  with the goal of successful project completion.  6.  Qualifications for Engineering, Consulting, and Design Services South Caldwell Sewer Pump Station Elevation Project  Town of Sawmills  5    invite yout to speak with the local contractors, vendors, and others int the water and wastewater industry and inquire about our reputation. Although we frequently have to give a contractor an answer he did not want to hear, such as when enforcing the specifications int the contract documents, we believe most contractors will say that we are fair. This can be al benefit for the Owner in one way, by encouraging contractors to submit lower, more reasonable bids, knowing that they will not be treated inequitably Relationshipwith State Regulators: and North Carolina Departmentof Because our personnel have been working in this areai for SO many years and because we have a reputation for submitting quality work, we enjoy a good working relationship with reviewers within the North Carolina Department ofTransportation: and within the North Carolina Department of Environmental Quality. The local staff of the North Carolina Department of Transportation know that we will pay attention to traffic safety and pavement protection in our utility designs and during construction observations. This helps them have a certain comfort level and therefore reduce the amount of review time, on-site meetings, and owner-paid NCDOT inspections. In the same way, the staff oft the Division of Water Resources, Surface Water Protection, and Land Quality Sections of the North Carolina Department of Environmental Quality are familiar with our work  during the construction phase. Transportation  7.  and are usually quick to approve it.  8.  Experiencewith Federally Funded Projects  West Consultants, PLLC has provided engineering services for numerous projects that were federally funded and therefore subject to the Federal Uniform Guidance (reference 2 CFR Part 200). The partial projects listing in Section B.1 indicates which projects were federally funded. In every such project, West Consultants prepared the procurement documents in accordance with the local, State, and Federal requirements. These documents included all relevant provisions such as requirements for sealed bids, open competition, public advertising, fixed pricing, and bonds. The grant or loan administration for the listed projects was sometimes provided by others, but in many cases West Consultants provided that service as well. The service included compliance monitoring, such as checking against Davis-Bacon Act prevailing wages (review of payroll affidavits and performing employee interviews). Specific examples are given in Section Mileage is reimbursed per the current IRS allowable limits. Reproduction costs, postage, overnight lodging, meals, and otheri incidental expenses shall be a direct invoice charge per receipts (nor markup). Associated job required services such as soil analysis, materials, testing, etc., shall be pre-negotiated and agreed upon prior to  B.  initiating work.  9.  Firm History and Services  In: 1979, Chester R. West, PE launched the consulting engineering and surveying firm West and Associates, PA, known today as West Consultants, PLLC. With experience working for1 the City of Charlotte and Burke County, Mr. West was able to offer needed  Qualifications for Engineering, Consulting, and Design Services South Caldwell Sewer Pump Station Elevation Project  Town of Sawmills    consulting services to many local governments and private clients in western North Carolina. He offered personable, courteous, affordable, and quality service that meta Today, West Consultants, PLLC continues this same tradition of providing services that meet the needs oft towns, cities, counties, utilities, and other clients in western North Carolina. We do this by listening to the clients' expressed objectives and then assisting with planning, design, funding, and administration, alli in a personable way that emphasizesgood communication: and a problem-solving attitude. Our small: size of 16 employees means that the Town's project will be a significant one for us and it will not "get buried" among hundreds of other projects. Our firm is small, but we are large enough to provide the services needed for the sewer, project. We also know the landscape, such as the pertinent regulations, the local ordinances, the regulating authorities, the geographici implications, and more, because we have worked within this West Consultants, PLLC provides civil engineering, land surveying, and project administration services. In relation to Sawmills' South Caldwell Sewer Pump Station Elevation project, elements we have experience designing include, but are not limited to, sewer lift station design (including access roads and generators), sewer main replacements, SCADA: systems, sewer main extensions, road crossings (jack and bore), and stream crossings (aerial or subaqueous). Our services also include project planning, easement plats, permitting, cost estimating, and grant/loan administration. Inaddition to quality design services, a successful project needs good administration during the construction phase. West Consultants, PLLC has extensive experience with the provision of services during bidding and construction. We review contractor applications for payment on a monthly basis, always verifying them based on observations of completed work by our field representative. Our staff work closely with the Owner, the contractor, and the funding agencies to ensure the project is progressing according to the schedule and budget approved by the Owner. We make ita a priority to communicate openly and frequently sO that none oft the parties involved are  variety ofr needs for his clients. Mr. West retired in 2002.  region for sol long and because we live here.  uninformed.  In all these services, the personnel at West Consultants seek to act promptly. We know that when construction is underway, decisions affecting time and price are a top priority for the Owner and the Contractor, and that we must fulfill our role int the process to  make the projectsuccessful.  Qualifications for Engineering, Consulting, and Design Services South Caldwell Sewer Pump Station Elevation. Project  Town of Sawmills  7    B. Previous Experience and References for Similar Projects  1.  Related Project (partiall listing - - current and completed)  West Consultants, PLLC has extensive experience ini implementing utility projects. We have successfully completed numerous projects similar to the Sawmills South Caldwell Sewer Pump Station Elevation Project. Al list ofs some of these projects is included in this section. In each case, West Consultants provided services such as planning, cost estimating, surveying, design, Please feel free to contact any oft the clients listed to inquire about our capabilities, including timeliness in responding to needs and in completing projects. Contact information is listed in The partial project listing that follows includes the funding sources, for reference. The acronyms  permitting, and construction administration.  Section B.3. used are: ARPA ARRA ARC ASADRA CWMTF CWSRF CDBG DWSRF EDA FEMA IDF SRG SRL SRP STAG USDA-RD  American Rescue Plan Act (federal, administered by NCDWI) American Recovery and Reinvestment Act of 2009 (federal, administered Additional Supplemental Appropriations for Disaster Recovery Act Clean Water State Revolving Fund (federal, administered by NCDWI) Community Development Block Grant (federal, administered by NCDWI Drinking Water State Revolving Fund (federal, administrated by NCDWI) Economic Development Administration (federal, US Dept. of Commerce) Federal Emergency Management Agency (federal) Industrial Development Fund (NCI Dept. of Commerce) State Revolving Grant (administered by NCDWI) State Revolving Loan (administered by NCDWI) State Reserve Loan Program (administered by NCDWI) State and Tribal Assistance Grant (federal, administered by NCDWI) US Department of Agriculture - Rural Development (federal)  By NCDWI)  Appalachian Regional Commission (federal) (federal, administered by NCDWI) Clean' Water Management Trust Fund (state)  or NCI Dept. of Commerce)  Rural Center NC Rural Economic Development Center, Inc.  *NCDWI-North Carolina Division of Water Infrastructure construction and which have been completed.  The partial project listing is separated to show which projects are currently in design or The projects were completed without legal or technical problems. West Consultants has received only one legal claim in the past ten years. The claim was related to a culvert design and  unrelated to any public water or sewer infrastructure design.  Qualifications for Engineering, Consulting, and Design Services South Caldwell Sewer Pump Station Elevation Project  Town of Sawmills    1.1 Related Projects (partial) listing current)  Alexander County Bethlehem Water Tank  ARPA  $2,065,000/ 0.75t0-10million-s gallon elevated water $1,823,500 storage tank,a tank- -fill boosterp pump construction cost,in 16" water main, anda associated design phase) appurtenances tos serve the Bethlehem $2,870,000/ The project will rehabilitate $2,480,170 approximately 6,500LF of8" gravitysewer (estimated and 2,550L LFC of1 10" gravitys sewer, complete construction cost,i in 26, pipes spot repairs ofv various lengths, and design phase) rehab/repair of 194n manholes. $2,913,265/ This project will address $2,576,000 distribution lines (primarily 2"a and 4" (estimated galvanized: steel pipes withl leaking joints construction cost, ands service line comecion)byreplacins currentlyin design them with approximately: 22,7001 linearfeet phase) of6" ductile iron waterr mains. (estimated PVCwaterline wth 6"P PVCV with fire hydrant construction cost, with new connections to 12 homes served currently inc design bythisv waterline phase) $472,900 This project willl locate areas oni inflow and (estimated construction cost, lining the existing line andan new water currently inc design supplywell, phase) (estimated construction cost,in replacement of subaqueous anda aerial construction phase) stream crossings $1,762,000./ Sewer Pipe Rehabilitation, includes $1,550,250 installation ofc cured-in-place pipe of (estimated approximately 16,705L LFC of8" gravityl lines; construction cost, Various Sewer System Improvements for currently inc design replacement ofa approximately 1,941 LFC of8" phase) gravitys sewer lines, 17p pipe repairs of varyingl lengths andt types, 22tap replacements, rehabilitation/epaire of1 127 manholes (including 546V VF ofc cementitious lining, new frame/covers, raise frame/covers, and various otheritems), and 24s smoke defectr repairs ofv various types  B.7 Thomas, PE  (estimated  station, approximately2 2,0001 linearf feetof Water System  Town of Beech Mountain Town ofBeech Mountain  20225 Sewer Main Improvements 2022 Waters System Rehabilitation  SRP  orreplace  B.Thomas, PE  DWSRF ARPA  failingy water  B.Thomas, PE  Burke County Rollins Avenue. Waterline ARPA 5167,400/5145,200 Replace approx. 1,1301 linearf feetof 2"d or4" B.Thomas, PE  Town of Crossnore Sewerl Line Repairs and USDA  New Well  infiltration  D.Poore, PE  andr repair the sewerl line byslip  Yadkin ValleySewer 2020 Collection System ASADRA $670,000/$577/500 Gravity seweri improvements to improve  B. Thomas, PE  Authority Authority  Rehabilitation, Part1 ARPA. System Rehab  flood damage  prevention, including  Yadkin ValleySewer High Priority Collection SRP  the B.Thomas, PE  Qualifications for Engineering, Consulting, and Design Services South Caldwell Sewer Pump Station Elevation Project  Town of Sawmills  9    1.2 Related Projects (partial listing - completed)  Client Name  Project Title Wastewate/Industial Timber Water Project( (with EnergyUnited Water Corporation)  Funding Construction Amount Agency SRL ARC CDBG  Brief Project Description  Engineer of Record B.Thomas,PE  Alexander County Alexander! Industrial Golden LEAF $126,629.68 Approximately 6891 linear feetof8" gravity B.Thomas, PE  (completed, sewer main anda appurtenances $3,210,886.99 42,083 LF of8" waterline, 83,926LFof6" September,2 2009 waterline witha appurts.  February, 2022)  Alexander County Northern Service Area Alexander County Industrial Park Sewer Alexander County Shurtape Job Retention ARC Alexander County Stony Point Elementary CDBG-I  $591,138.74 Approximately 1,200L LFofs sewerf force main, B.Thomas, PE August, 2018 1,300LFO ofgravitys sewer anda pumps station $1,181,255 Approximately: 18,000 LF ofs sewerf force $634,945.89 Approximately: 2,005 LFof4 4" sewerf force November, 2020 main, 940LF of8"e gravitysewerandar pump $1,486,305.39 Approximately? 7,511L LFofP PVCsanitarysewer B.Thomas,PE August,2020 force main with appurtenances: andic one $1,826,336.64 32,130 LFO of8 8-inch waterline and house July,2020 connections with appurtenances $3,989,399.87 ContractA: Waterline- Part1 1(8,200L LFof  B.T Thomas, PE B. Thomas,PE  Wastewater Project Golden Leaf July,2018 main, one pump station anda appurtenances  School Sewer Eckard Creek Sewer CWSRF Rehabilitation Road Waterline Interconnect  station complete  Burke County  duplex 1,000 gpm suction liftp pump: station,  Burke County NC18-South: andF Rhoney CDBG-I Energyunited Water Cityof Newton Water DWSRF  D.P Poore, PE B.T Thomas,PE  Corporation  2006  20" DIPI waterline, 47,285 LFof1 16"D DIP waterline, 10,395L LFof12"P PVCwaterline with appurtenances), Contract B: Pump Station (site, building, 2-200 HPP pumps, generator, anda appurtenances), and Contract C- Part2 (25,740L LF of1 12"P PVC waterline with appurtenances) waterline, a metervault,a pressure December,: 2007 reducing vault,a anda appurtenances $3,228,034.34 Collection System consisting of2 28,255L LFof B.T Thomas, PE July,2011 8" PVCsanitarys sewer, 2,176L LF of8"DI sanitarysewer,; 10,500L LFof6"P PVCf force main, 12,561 LFof4"f force main, 2,902 LFof 3"f force main,7submersible pumps stations, and appurtenances;ande one 80,000 GPD Wastewater Treatment Plant  EnergyUnited Water Town of Troutman Water DWSRF $1,361,957.50 Approximately: 38,000 linearf feeto of 12" PVC B.T Thomas, PE  Corporation  Town ofH Harmony Town-Wide: SanitarySewer USDA  System  GtyofHickory St. Peters Church Road Local Gityof Morganton Burke Business Park Water IDF andB Burke County System Improvements Town of North Mulberry School Sewer CDBG-I Town of Rhodhiss System-Wide' Water& ARRA Town of Ronda Pleasant Hill Community ARRA  $778,188 12',8"and6 6" waterlines and one booster B.T Thomas, PE November, 2002 pump station with 2- 600 GPMW water pumps $2,071,593.19 A500,000 gallon elevated watert tank anda B.T Thomas, PE $1,207,024.13 Approximately: 14,4901 linearfeet of 6-inch July,2020 forcemain, 2,386L LF of8"g gravitysewerline, 11 manholes,a pumps station andr related appurtenances $3,391,342.42 Over1 13, 000 LF ofv waterr mains and over October,2009 19,0000 LFofs sewern main/service lines $1,071,061.14 24,000 LFO of waterline andy waters pumping  WaterP Project  (completed, March boosterstation 2022)  D.Poore, PE B.Thomas, PE D.P Poore, PE  Wilkesboro  Extension SewerSystem Improvements Project WaterSystem  station with 2-315 GPMP pumps  February, 2012  Qualifications for Engineering, Consulting, and Design Services South Caldwell Sewer Pump Station Elevation Project  Town of Sawmills  10    Ciento Name  ProjectT Title, Sewer  Funding Source Construction/ Amount CWMTF Golden LEAF  Brief Project Description $2,356,572.96 16,842LFC of8" PVCsan.s sewer, 1,418LF of8" T.Poteet,PE Julv.2015 DIPs san. sewer, 15,498L LFof8" PVCF FM,2 20LF of8" DIPF FM, 1,723LFof3"S SDR: 21 FM,5 5,684 LFof4"service lateral, three pump stations andannuts and 5001Eaf2"S SDR 135 PVC $978,099.00 13,500LFO of8"v waterline, new booster pump B.Thomas,PE June, 2014 station, imvts. to boosterp pump: station,2 submersible tank mixers and ceaning of2 tanks,2n meterv vaults,a pressure reducing valve vault, ands SCADAsystem modifications $327,039.58 1,837LFo of8 8"s san. sewer, 1,726LF of4"FM, 35LFof4'senice, one pump station, and May,2013 appurtenances GPMsubmersible pumps andas standby generator, anda appurtenances SCADA system, Oner million gallone elev. 1,825LFof12"F PVCand DIPI forcemain, and  Engineerof Record  Town of Taylorsville Millersville Community CWSRF Town of Taylorsville Waters System Efficiency& DWSRF  Rellaillyimprovements  Town oft Troutman Goodman Road Sewer CDBG Town oft Troutman Sewerl Interconnect with Local  T.Poteet, PE  $1,330,806.50 6,144LF of 24"s san. sewer, 20,500 LF of1 12" B.Thomas,P PE  Mooresville WaterSystem Improvements Tank,SCADA)  Funding December,: 2007 forcemain, (1), pumps station with two 750 DWSRF $1,953,093.25 6,500LFC of 16" DIV waterline anda appurts.,  Town oft Troutman  B.T Thomas,PE B.Thomas D.Poore,P PE  (Exit 42 Water Mains, Water Rural Center July,2007 waterstoraget tank  Town oft Troutman Weathers Creek Sewer Local Funds $684,759.30 5,800LFof1 18"F PVCand DIPE gravitysewer,  March,2016 appurtenances $863,875.00 16,100LFof1 12" waterline, 1,500LFof6" November, 2015 waterline,and2 2,710LF of2"v waterline with $1,006,867.45 11,368LFof8 8"F FM, one pumps station,and B.T Thomas,PE $1,174,061.99 13p pump stationi improvements, fourp pump B.Thomas,PE June, 2015 station eliminations (incl. 4,100LFof8'san.  Wilkes County& &1 Town NC2 268V Waterline Project ARC Yadkin ValleySewer Collection System Extension! ARC Yadkin ValleySewer Phase II Collection System ARC  of Ronda Authority Authority  appurtenances  to Serve Weyerhaeuser Golden Leaf June, 2019 appurtenances  IDF CWSRF  Rehabilitation  sewer), one pump station modification from! suction pump station tos submersible pump 8"FMtwo pumps stationi improvements, new systemi improvements including rehab/tepairof91 manholes $972,908.85 Review anda analysis of CCTV inspections of B.1 Thomas,PE eMbiepairmommandaton: and design ofall completed fieldv work $957,979.44 Various improvements ore elimination: at6 B.T Thomas, PE pump stations including modification of May,2 2021 two stations froma a suction! lifts station toa submersible pump: station, elimination of one station (includes 2,099LF of8" gravity lines), one pumps station improvements (new pumps, control panel, and valve vault) force maini improvements -replace 200L LFof 3"f force main andi install ana airrelease valve;and levelinge equipment: ata another $538,961.68 Approximately: 1,330 LF ofn new 12" gravity (completed, April. sewer, 5newr manholes andt the abandonment ofa ane existing pump station. $140,377.25 950ftof stream restoration  station  Yadkin ValleySewer Sewerimpvts. forE Elkin ARC  $2,294,394.78 4,466LFof1 18"s san.s sewerl lines, 2,989 LFof B.Thomas, PE  Authority  Corporate Park &F PGW Industries  EDA December, 2016 metering manhole, and various collection CWMTF October, 2016 SWE Elkin, follow upr manhole inspections,  IDF Rural Center  Yadkin ValleySewer SWE Elkin Rehabilitation SRL Authority Yadkin ValleySewer 2018F Pump Station Authority  CWSRF  Rehabilitation  Yadkin ValleySewer Dutchman Creek Pump CWSRF Yadkin ValleySewer Cobb Creek, Sandyberry FEMA  B.T Thomas, PE B.Thomas, PE  Authority Authority  Station Elimination Creek,) Yadkin River  2022). (completed, February! 2022  Qualifications for Engineering, Consulting, and Design Services South Caldwell Sewer Pump Station Elevation Project  Town of Sawmills  11    2.  References  Listed in the following table are several clients that can attest to our qualifications for engineering, consulting, and design services. We invite you to contact some of them.  Project Owner Alexander County 621 Liledoun Road Taylorsville, NC 28681 Town of Beech Mountain 403 Beech Mtn Parkway Beech Mountain, NC: 28604 City of Conover PO Box! 549 Conover, NC 28613 Town of Drexel PO Box: 188 Drexel, NC 28619 EnergyUnited Water Corporation 250 McClain Road Hiddenite, NC 28636 Town of Gamewell 2750 Old Morganton Road Lenoir, NC 28645 Town ofH Harmony POI Box: 118 Harmony, NC 28634 Iredell County POI Box 788 Statesville, NC 28687 City of Morganton PO Box 3448 Morganton, NC 28680 Town of North Wilkesboro POE Box 218 North Wilkesboro, NC 28659 Town of Ronda 123 Chatham Street Ronda, NC 28670 Town of Rhodhiss POE Box 40 Rhodhiss, NC 28667 Town of Rutherford College PO Box 406 Rutherford College, NC 28671  Contact/Email Address David Moose, moEAANeOAycEPN (828) 352-7760 Robert Pudney, Town Manager PudneyPtownotbecchmountain.com (828)387-4236 Manbaehwetomoence (828) 464-1191 SherriBradshaw, Town Manager adhawelompoldireeinet (828)437-7421 Rod Watts, Manager atieerepemtatrcon (704)585-6518 Bonnie Caudle, Town Clerk Dwofpmeeleleloutnne (828) 754-1991 Lee Matney, Mayor harmonync@yadte.net (704)546-2339 David Saleeby, Project Manager adshebyProlcalneus (704)878-3000 Sally Sandy, City Manager ymansemoremomcso (828)4 438-5260 porenothwalesbuocon (336) 667-7120 ext3022 Rheajean Benge, Mayor mayor@townofrondaorg (336)835-2061 Rick. Justice, Town Manager amngeretowpomoaniscon (828) 396-8400 Jessica Bargsley, Town Manager om (828) 874-0333  Project Types improvements new water treatment plant, new public works building, water and sewer improvements, street improvements improvements street assessment and improvements, environmental assessment, water ands sewer infrastructure improvements water infrastructure improvements, new office building new park, site planf for new town! hall and parking, sewer infrastructure improvements new sewer infrastructure, storm drainage, water infrastructure improvements storm drainage improvements, new parking lots site plans for soccer complex and greenway connector, storm drainage assessment, water and: sewer infrastructure improvements improvements town-wide watera ands sewer infrastructure system new park, water ands sewer infrastructure improvements environmental assessments, sidewalks, site plans, storm improvements, street assessment and improvements, water and seweri infrastructure improvements  Compliance Procurement: Specialist water and sewer infrastructure  Brian Bradshaw, Public) Works Director watera and sewer infrastructure  David Poore, Public Services Director water and seweri infrastructure  townmanager@rutherutherfordcolegenc.c drainage assessments and  Qualifications for Engineering, Consulting, and Design Services South Caldwell Sewer Pump Station Elevation Project  Town of Sawmills  12    Project Owner Surry County P.O. Box: 1467 Dobson, NC27017 Town of Sawmills 4076 USH Highway 321-A Sawmills, NC 28630  Contact/Email Address Chris Knopf, County Manager knopic@cosury.nc.us (336) 401-8201 Chase Wineberger, Town Manager neelowosmmilivcon (828); 396-7903  ProjectTypes seweri infrastructure extension sidewalks, site plans, storm drainage assessments and improvements, street assessment: and improvements, water and sewer infrastructure improvements sidewalks, site plans, storm drainage improvements, assessments street and assessment and improvements, water and sewer infrastructure improvements new park, newg greenways, sidewalks, storm drainage improvements, street assessment: and improvements, water and sewer infrastructure improvements sewer infrastructure improvements, wastewater treatment plant upgrades water ands sewer infrastructure improvements  Town of1 Taylorsville 671 Main Avenue Drive Taylorsville, NC 28681  Aaron Wike, Public Works Director wkepetayorvlenccom (828)632-2218 Ron Wyatt, Town Manager wyattetroumanncgov Adam Lippard, Public Works Director ppardetroutmamnegov (704)528-7600 Nicole Johnston, Exec. Director nicole.j johnston@yvsa.org (336)835-9819 John Yates, County Manager cmansgerewleounyaet (336) 651-7300  Town of Troutman PO Box 26 Troutman, NC 28166 Yadkin Valley Sewer Authority 5001 NCI Hwy: 268 W Elkin NC: 28621 Wilkes County 110 North Street Wilkesboro, NC 28697  Qualifications for Engineering, Consulting, and Design Services South Caldwell Sewer Pump Station Elevation Project  Town of Sawmills  13    C. ProjectApproach  West Consultants, PLLC has experience ina alls steps involved in implementing a utility construction project. The following work plan and: schedule is proposed, in keeping with the BRIC grant application schedule, but our philosophy of service is to prioritize the objectives of the client and of the project. Therefore, we would be very flexible and adjust the schedule as needed. That may mean achieving certain milestones ahead of schedule. Itr may mean delaying some milestones ift the Town needs more time to make decisions. Our main goal will be to communicate well with the project stakeholders and to aid rather than hinder the progressand quality of the project. We would begin whenever the Town authorized: starting and would  maintain similari intervals between tasks. Activiies/Milestones Advertise and enter contract with engineering firm(s), ina accordance with NC state procurement guidelines EHP Review Process & BCA Refinement Land Surveying Geotechnical investigation Hydrology & Hydraulics Engineering Project design in coordination withs state Obtain all necessary permits (excludes CLOMR)  Who Sawmills, WPCOG WPCOG, Engineer Engineer Geotech Engineer Engineer, NC DEQ, Lenoir Engineer, NC DEQ Engineer Sawmills, Engineer, WPCOG Contractor, Engineer WPCOG, Sawmills  When Month: 1 Months 1-2 Month 3 Month 3 Month 3 Months 4-6 Months 7-8 Month 8 Month 9-10 Months 11-16 Months 11-16 Month 17 Month 18  agencies  Review finalized plans for schedule modifications Sawmills, Advertise and enter contract with construction firm, in accordance with NC state procurement Project construction period, including site  and Go / No Go decision guidelines preparation  Construction oversight for adherence with plans Engineer Final inspection and preparation of as-built plans Engineer  Grant project close-out  As exemplified int the task descriptions above, we would frequently provide deliverables to the Town: staff andi the otherteam members. Deliverables of data or information willl bei in the form of letters, emails, reports, drawings, and specifications, as each task requires. We will provide the Town with hard copies of all deliverables whenever requested. Our proposed working relationship with Town staff, while working on this project, is to communicate frequently and to We willl lead discussions with various entities and persons as needed throughout the life oft the project. This will include close coordination with the Town on preparation of the procurement  be reachable by office phone, cell phone, and email at all times.  documents in accordance with the Federal Uniform Guidance.  Qualifications for Engineering, Consulting, and Design Services South Caldwell Sewer Pump Station Elevation Project  Town of Sawmills  14    MAYOR Keith Warren Town Manager Chase Winebarger  TOWN COUNCIL Melissa Curtis, Mayor Pro-Tem Clay Wilson Rebecca Johnson Joe Wesson Bobby Mosteller  ToNne Sarala  TOWN COUNCIL January 16th,2023 6:001 PM  PLANNER'S STAFF REPORT  Attachment. A - Proposed Watershed Ordinance Changes  Background  This text amendment was done to make changes the existing Watershed Ordinance for various things. This is anything from small changes that clarify language and particular ordinances with just minor changes. Mostly all changes that are being recommended, were recommended by the state model ordinance. All the text that has been proposed to be added is signified by being in highlighted in yellow, all of the text that is being removed from the ordinance is inj red text and  struekt threugh. larecommendation  Staff recommends that the Sawmills Town Council adopt these Watershed Ordinance changes and reductions to the Sawmills Watershed Ordinance. Planning Board also recommended these changes to the Watershed Ordinance. Refreshing this document will help ensure that the citizens of Sawmills can have more clarification when pertaining to the interpretation of the Watershed Ordinance, and we have the best possible recommendations from the state.  4076 US Highway 321-A * Sawmills NC * (828)396-7903 * (828)396-8955 fax  tp/www.townolsawmils.com  The Town of Sawmills does not discriminate ont the basis ofa age, sex, race, religion, national origin, disability, political affiliation, orr marital  status.    200  Sawmills-Land Usage  CHAPTER 155: WATER SUPPLY WATERSHED PROTECTION REGULATIONS  General Provisions; Scope  $155.01 Authority and enactment $155.02 Jurisdiction $155.03 Exceptions to applicability $155.04 Expansions to existing structures $155.05 Reconstruction ofb buildings or built-upon areas $155.06 Exemption of pre-existing vacant lots $155.07 Interpretation $155.08 Conflict of provisions $155.09 General definitions $155.10 Word interpretation $155.11 Procedure for amendments $155.12 Applicationofl Regulations  General Regulations; Administration  $155.25 Buffer areas required  $155.26 Rules governing the interpretation of watershed: area boundaries $155.27 Watershed Administrator and duties thereof $155.28 Appeal from the Watershed Administrator $155.29 Estabilshment of Watershed Review Board $155.30 Powers and duties oft the Watershed Review Board $155.31 Appeals from the Watershed Review Board $155.45 High density development standards $155.46 High density development permit application $155.47 Stormwater control structures $155.48 Watershed Areas Allowed and Not Allowed Uses $155.49 Watershed Areas Density and Built-Upon Limits $155.50 Density Averaging $155.51 Cluster Development  Standards  Maintanance; Inspections and Enforcement  $155.60 Posting of financial security required $155.61 Maintenance and upkeep $155.62 Application and inspection fees $155.63 Inspectionsandi release oft the performance bond $155.64 Sanctions $155.65 Public Health, Inc General $155.66 Abatement $155.99 Penalty  Penalties    GENERALPROPSIONS: SCOPE  1 155.01 AUTHORITY AND ENACTMENT,  The Legislature of the State ofNorth Carolina has, in G.S. Chapter 160A, Article 8, Delegation and Exercise of General Police Power -RP Develepment; and in G.S. Chapter 143, Article 21, Watershed Protection Rules, delegated the responsibility or directed local governmental units to adopt regulations designed to promote the public health, safety and general welfare ofits citizenry. In addition, GS 160D- 926 and G.S. 143-2145sperificaly authorize local governments to enact and enforce water supply watershed management regulations. The town does hereby ordain and enact into law the following chapter as the Watershed Protection Regulations of Sawmills, North Carolina.  (Ord. S 170A,passed 2-19-2008) $155.02 JURISDICTION.  The provisions ofthis chapter shall apply within the overlay zones designated as Water Supply Watershed by the N.C. Environmental Management Commission and shall be a-publie- mswtdtiad and established on the-Ofieial-Zoning water supply watershed protection map and on the Official Zoning Map oft the town as watershed the overlay zones being adopted simultaneously herewith. The Watershed Map and all explanatory matter contained thereon accompanies and is hereby made aj part ofthis chapter. This chapter shall be permanently kept on file in the office ofthe Town Clerk.  (Ord. S 170B,passed 2-19-2008)  S1 155.03 EXCEPTIONS TO APPLICABILITY,  A-Develepment-acesinthewS-Watehadiharde-etreguiree sealimeniatiomanderesncestrelplaereepemterwereguiremetsoFlns  chapter.  B-Eisting-develepmemye-delineinatinlis-ahapetrisnetsabyeette-the qpuirements-eFtisehpier-bapmsien-tesineesdassiied-aseNsins leyelepment-mustmeetlereguirememts-oFlisehaplp-hovevef,the"bult-upen-ares: ofthe-esisting-develepmen-ismotreguire-ebeineluded-intiedensity-caleulations.- EMISTNG-DEHELOPMENFIseiniethepsiratarebulkerlhese prejees-thatatemimimwm-hawessabishedevesied-gt-umdersatezeeninglaw-as-ef hefetive-dateefihrdhpierhastanenaleutameaf-e-olowingehtene: -Hivingpaalahwrmasha n-agoed-faith-relanee-wpen-hevingecelvedeyalid-loea-govermment-approval-  e-proceed-WAth-the-prejeet;  O-HavinganeuislandhaulamemitsaueiraedbyG.s--IG0A  385.1;OF    202  Sawmills-Land Usage  Having-an-epproved-sHe-sie-speetie-erpheset-deyelepment-plan-as-  utherized-by-G.S-1-160A-385 OR-9170Cpassed2-19-20087  (A) Nothing contained herein shall repeal, modify, or amend any Federal or State law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision oft this Ordinance amend, modify, or restrict any provisions oft the Code ofOrdinances ofthe Town of Sawmills; however, the adoption oft this Ordinance shall and does amend any and all ordinances, resolutions, and regulations in effect in the Town ofSawmills at the time of the adoption ofthis Ordinance that may be construed to impair or reduce the effectiveness of this Ordinance or to conflict with any ofits (B) Itisi not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, ift the provisions oft these regulations impose greater restrictions or higher standards for the use ofal building or land, then the provisions of these (C) Existing Development, as defined in this ordinance, is not subject to the requirements ofthis (D) Ifa Non-Conforming Lot of Record is not contiguous to any other lot owned by the same party, then that lot ofr record shall not be subject to the development restrictions of this ordinance ifitis developed for single-family residential purposes. The Town of Sawmills requires the combination ofc contiguous nonconforming lots of record owned by same party to establish al lotor (E) Any lot or parcel created as part of any other type of subdivision that is exempt from a local subdivision ordinance shall be subject to the land use requirements (including impervious surface requirements) oft these rules, except that such al lot or parcel must meet the minimum buffer  provisions.  regulations shall control.  ordinance.  lots that meet requirements within S 155.04 of this ordinance.  requirements to the maximum extent practicable.  $155.04 EXPANSIONS TO EXISTING STRUCTURES.  Expansiens-te-strvehures-elssing-deyelopment-mus-meetthe- requirements-eFthsehapler.hewevef,thebull-wpe#-eOFRPNSment  s-net-required-ted-te-be-imelade--mthe-densiy-ealeulatiens:  0M4RPP,  Expansions to existing development must meet the requirements of this ordinance, except single family residential development unless expansion is part of common plan of development. Ina an expansion, the built-upon area of the existing development is not required to be included in the density calculations. Where there is a net increase ofbuilt upon area, only the area ofn net increase is subject to this ordinance. Where existing development is being replaced with new built upon area, and there is net increase ofb built upon area, only areas of net increase shall be subject to this  ordinance.    $155.05 RECONSTRUCTION OF BUILDINGS OR BUILT-UPON AREAS. Any existing building or built-upon area not in conformance with the restrictions of this chapter that has been damaged or removed may be repaired and/or reconstructed, except that there are: no restrictions on single-family residential  development, provided:  (A) Repair or reconstruction is initiated within 12months and completed within (B) The total amount of space devoted to built-upon area may not be increased unless stormwater control that equals or exceeds the previous development is provided.  two years of the damage; and/or  (Ord. $ 170E,passed 2-19-2008)  $155.06 EXEMPTION OFH PRE-EXISTING VACANTLOTS.  Aj pre-existing vacant lot owned by an individual prior to the effective date oft this chapter, regardless of whether or not a vested right has been established, may be developed for single-family residential purposes without being subject to the restrictions ofthis chapter, provided the property is zoned for this use. However, this exemption is not applicable to multiple contiguous lots under singleo ownership unless the total impervious surface established on those lots does not exceed the built-upon limits provided herein.  (Ord. S 170F, passed 2-19-2008) 81 155.07 INTERPRETATION.  Nothing contained herein shall repeal, modify or amend any federal or state law or regulation, or any ordinance or regulation pertaining thereto except any ordinance which these regulations specifically replace; nor shall any provision ofthis chapter amend, modify the code of ordinances oft the town; however, the adoption oft this chapter shall and does amend any and all ordinances, resolutions and regulations in effect in the town at the time of the adoption of this chapter that may be construed to impair or reduce the effectiveness of  orr restrict any provisions of  this chapter or to conflict with any of its provisions.  (Ord. S 170G, passed 2-19-2008)  $1 155.08 CONFLICT OF PROVISIONS.  Itis not intended that these regulations interfere with any easement, covenants or other agreements between parties. However, ifthe provisions of these regulations impose greater restrictions or higher standards for the use of al building or land, then the provisions ofthese  regulations shall control. (Ord. S 170H, passed 2-19-2008)    204  Sawmills-Land Usage  $155.09 GENERAL DEFINITIONS.  For the purpose oft this chapter, the following definitions shall apply unless the context AGRICULTURAL USE. The use of waters for stock watering, irrigation and other farm BALANCE OF WATERSHED (BW). The area adjoining and upstream of the critical area ina WS-II and WS-III water supply watershed. The "balance of watershed" is comprised oft the entire land area contributing surface drainage to the stream, river, or reservoir where a water BEST MANAGEMENT PRACTICES (BMPs). A structural or nonstructural management-based practice used singularly or in combination to reduce nonpoint source inputs to receiving waters in order to achieve water quality protection goals.  clearly indicates or requires a different meaning.  purposes.  supply intakei is located.  BUFFER An area of natural or planted vegetation through which stormwater runoff flows in a diffuse manner sO that the runoff does not become channelized and which provides forinfiltration oft the runoff and filtering or pollutants. The BUFFER is measured landward from the normal pool elevation of impounded structures and from the bank of  each side of streams or rivers.  BUILDING. Any structure having a roof supported by columns or by walls, and intended for shelter, housing or enclosure ofpersons, animals or property. The connection of two buildings by means of an open porch, breezeway, passageway, carport or other open structure, with or without a1 roof, shall not be deemed to make them one BUILDING. BUILT-UPON AREA. The portion of a development project that is covered by impervious or partially impervious cover including buildings, pavement, gravel roads, recreation facilities and the like, excluding wooden slatted decks and the water area ofa CLUSTER. DEVELOPMENT: The grouping oft buildings in order to conserve land resources and provide for innovation in the design oft the project. This term includes nonresidential development as well as single-family residential subdivisions and multi-  swimming pool.  family developments that do not involve the subdivision ofl land.  COMMON PLAN OF DEVELOPMENT site with multiple lots where there is a single development plan for all oft the lots, usually represented by a master plan or a set of  recorded declarations of restrictive covenants and conditions.  CRITICALAREA (CA). The portion of a state designated water supply watershed which is one- halfn mile and draining to water supplies from the normal pool elevation of reservoirs, DEVELOPMENT: Any land disturbing activity which adds to or changes the amount ofimpervious or partially impervious cover on a land area, or which otherwise decreases  or one-half mile and draining to ariver intake.  the infiltration of precipitation into the soil.    DWELLING UNIT. Al building, or portion thereof, providing complete andj permanent EAISTING. DEVELOPMENT: Those projects that arel built ort those projects that ata minimum have established a vested right under state: zoning law as ofthe effective date of  living facilities foronef family.  this chapter based on at least one ofthe following criteria:  (1) Having expended substantial of resources (time, labor, money) based on a good-faith reliance upon having received a valid local government approval to proceed  with the project;  (2) Having an outstanding valid building permit as authorized by G.S. S 153A-344.1 (3) Having an approved site-specific or phased development plan as authorized EXISTING LOT (LOT OFRECORD). A lot which is part of a subdivision, aj plat of which has been recorded with the County Register of Deeds prior to the adoption ofthis chapter, or a lot described by metes and bounds, the description of which has been SO  and GS.160A-385.or  by G.S. $ 153A-344.1 and G.S. $ 160A-385.1.  recorded prior to the adoption of this chapter.  FAMILY SUBDIVISION. Family subdivision means a division ofa tract ofland: (a)to convey the resulting parcels, with the exception of parcels retained by the grantor, to a relative orrelatives as a gift or for nominal consideration, but only if no more than one parcel is conveyed by the grantor from the tract to any one relative; or (b) to divide land from a common ancestor among tenants in common, all of whom inherited by intestacy or by will. HAZARDOUS MATERIAL. Any substance listed as such in: SARA Section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA INDUSTRIAL DEVELOPMENT: Any nonresidential development that requires an NPDES permit for an industrial discharge and/or requires the use or storage of any hazardous material for the purpose of manufacturing, assembling, finishing, cleaning, or developing  (oil and hazardous substances).  any product.  LANDFILL. A facility for the disposal of solid waste on land in asanitary manner in accordance with G.S. Chapter 130A,Article 9. For thej purpose of this chapter, this term  does not include composting facilities.  LOT. A parcel ofland occupied or capable of being occupied by al building or group of buildings devoted to a common use, together with customary accessories and open spaces. MAJOR VARIANCE. A variance that results inany one or1 more ofthe following:  (1) The complete waiver of ai management requirement;  (2) The relaxation, by a factor ofmore than 10%, of any management requirement    20€  Sawmills-Land Usage  that takes the form of a numerical standard; or  (3) The relaxation of any management requirement that applies to a development  proposal intended to qualify under the high density option.  MINOR VARIANCE. A variance that does not qualify as al major variance. NONCONFORMING EXISTING LOT. A lot described by a plat or a deed that was recorded prior to the effective date of local watershed protection regulations (or their amendments) that does not meet the minimum lot size or other development requirements ofthe NONRESIDENTIAL DEVELOPMENT: All development other than residential  statewide watershed protection rules. development, agriculture and silviculture.  PERNINNAL WATERBODY. A natural or man-made basin, including lakes, ponds, and reservoirs, that stores surface water permanently at depths sufficient to preclude the growth  ofnom-hydrophlieotad. plants.  PLAT. Amap or plan of a parcel ofl land which ist to be, or has been, subdivided and PROTECTED AREA (PA). The portion of a state designated water supply watershed which is five miles and draining to water supplies from the normal pool elevation of  recorded.  reservoirs, or ten miles upstream of and draining to ariver intake.  QUALIFIED INDIVIDUAL. A person certified to perform stream determinations by completing and passing the Surface Water Identification Training and Certification SWITOcourseoffered ly.eN.C-DN.ofwater:  Resources at N.C. State University.  RESIDENTIAL DEVELOPMENT: Buildings for residence, such as attached and detached single-family dwellings, apartment complexes, condominiums, townhouses, cottages and the like and their associated outbuildings, such as garages, storage buildings,  gazebos and the like.  RESIDUALS. Any solid or semi-solid waste generated from a wastewater treatment plant, water treatment plant or air pollution control facility permitted under the authority ofthe  Environmental Management Commission.  SINGLE-FAMILY RESIDENTIAL. Any development where no building contains more than one dwelling unit; every dwelling unit is on a separate lot; and where no lot  contains more than one dwellingunit.  STORMWATER CONTROL MEASURES (SCM). means a permanent structural device that is designed, constructed, and maintained to remove pollutants from stormwater runoffi by promoting settling or filtration; or to mimic the natural hydrologic cyclel by promoting infiltration, vapo-transpiration, post- filtration discharge, reuse ofs stormwater, ora  combination therefof.    STREET (ROAD). A right-of-way for vehicular traffic which affords the principal  means ofaccess to abutting properties.  STRUCTURE. Anything constructed or erected, including but not limited to buildings, which requires location on the land or attachment to something having permanent locationon  the land.  SUBDIVIDER. Any person, firm, corporation, or official who subdivides or develops SUBDIVISION. All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose ofs sale or building development whetherimmediateor future) and shall include all division ofl land involving the dedication of a new street ora change in existing streets; except those exempt from subdivision regulation by GS 160D-  any land deemed to be a subdivision as herein defined.  802(a)(1)t through (a)(5). underground waters.  SURFACE WATERS. All waters of the State as defined in NCGS 143-212 except TOXIC SUBSTANCE. Any substance or combination of substances (including disease causing agents), which after discharge and upon exposure, ingestion, inhalation, or assimilation into any organism, either directly from the environment or indirectly by ingestion through food chains, has the potential to cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions or suppression ini reproduction or growth), or physical deformities in such organisms or their off spring or  other adverse health effects.  VARIANCE. A permission to develop or use property granted by the Watershed Review Board relaxing or waiving a water supply watershed management requirement adopted by the Environmental Management Commission that is incorporated into this  chapter.  VESTED RIGHTS. The right to undertake and complete the development and use of property under the terms and conditions of an approved site-specific development plan or an approved phased development plan. Refer to the North Carolina General Statutes Section 160D-  108 for more information.  ATERDEPENDENT: STRUCTURE. Any structure forwhich the use: requires access toor proximity to or citing within surface waters to fulfill its basic purpose, such asl boat ramps, boathouses, docks and bulkheads. Ancillary facilities such as restaurants, outlets for boat supplies, parking lots and commercial boat storage areas are not WATER  DEPENDENT. STRUCTURES. (that is the water supplyintake).  WATERSHED. The entire land area contributing surface drainage to a specific point ATERSHEDADMINSTRATOR. An official designated by the town responsible for administration and enforcement of this chapter. The duties oft the WATERSHED ADMINISTRATOR may also be performed by the Zoning Enforcement Officer or other    208  Saymils-LandUase  designated personnel. (Ord. $ 170X,passed 2-19-2008)  $155.10 WORDINTERPRETATION.  For the purpose of this chapter, certain words shall be interpreted as follows.  (A) Words int thej present tense include the futuretense.  (B) Words used in the singular number include the plural, and words used ini the plural number include the singular, unless the construction ofthe wording indicates  otherwise.  (C) The word PERSON includes a firm, association, corporation, trust and company as  well as an individual.  (D) The word STRUCTURE shall include the word BUILDING. (E) The word. LOT shall include the words. PLOT, PARCEL or TRACT. (F) The words "shall" and "will" are always mandatory and not merely directory. (G) Thew word ATERSHEDADMINISTRATOR shall include the word  ZONING ENFORCEMENTOFFICER. (Ord. $ 170Y,passed 2-19-2008)  SES.IIPROCEDURE: FORAMENDMENIS.  (A) A petition for an amendment to this chapter and to the Official Zoning Map may be initiated by the town, the Planning Board, any department or agency oft the town, the owner of any property within the town, or any interested citizen who can showjust cause  for an amendment.  (B) Applications submitted by individual property owners or interested citizens who are not acting in an official capacity for the town shall comply with the following procedural  requirements.  (1)  Application submission. Any  person for an amendment to this chapter shall be filed with the Town Clerk at least 20 days prior to the date on which iti is to be introduced to the Planning Board. Each petition for an amendment shall be accompanied by a fee of $35 to help defray the costs of advertising the public hearing required by G.S. S 160A-364. application involving a change to the Official Zoning Map shall be signed, be in duplicate, and shall contain  (2)  Change to Zoning Map. Each    at least the following information:  (a) The applicant's name in full, applicant's address, address or  description of the property to be rezoned, including the tax map number;  (b) Thea applicant's interest int thej property andi thetypeofrezoning: requested; (c) Ifthe proposed change would require a change in the Zoning Map, 1. All property lines with dimensions, including north arrow; 2. Adjoining streets with rights-of-way and paving widths;  an accurate diagram oft the property proposed for rezoning, showing:  3. The location of all structures, existing and proposed, and the use ofthe  land;  4. Zoning classification of all abutting property owners; and 5. Names and addresses of all adjoining property owners. (d) A statement regarding the changing conditions, ifany, in the area ofin  the town generally that make the proposed amendment reasonably necessary to the  promotion of the public health, safety and general welfare.  (3) Planning Board consideration. All proposed amendments to this chapter shall be submitted to the Planning Board for review and recommendation. At the discretion oft the Planning Board, a public hearing may be conducted to consider the proposed amendment. The Planning Board shall have 31 days from the time the proposed amendment was first considered by the Planning Board to submit its report. Ifthe Planning Board fails to submit its report within the above period, it shall be deemed to  have approved the proposed amendment.  (4) Town Council consideration. Before adopting or amending this chapter, the Town Council shall hold ap public hearing on it. A notice oft the public hearing shall be given once a week for two consecutive calendar weeks in a newspaper having general circulation in the area. The notice shall be published for the first time not less than ten days nor more than 25 days before the date fixed for this hearing (G.S. $ 160A-364). Any petition for an amendment to this chapter may be withdrawn at any time by written notice to  the Town Clerk.  5-PrelestpeHON  -Apretes-pettiemansaypepeNet-amemndment  igned-bythe-ewneE-eF20P-eFmeRe-eHhereflhearesefteleisiimeluded-imthe- pepesaiahamgeseraflcimmaiaarawhmersi-rinintherwr-heferen either-side-thereef,ef,exteming-00eetherefiem,erofthese-diety-eppesite-therete- ektending-10P-eetretfom-the-sieetfeniesielt-Inlrmsethe-amendment shal-met-become-eme-elletive-exeeptby-fayerable-vote-eFthree-te-fourths-eFal-members-efthe  Town-Ceuneil    210  Sawmills-Land Usage  -Ne-prelest-againsanychamgeimereFameématesehaplererie-ne  Zaming-MapshalbewalaerseNnwilempatiwasaly bemringihe-sigasuesaFhe-piemierafpepyOMNE-hathe grsdepuisHepeppdce-ahavehswevally Heastwe-merma-wenkingdiys-eweluaimgSatuiys,steget-heldays,belore he-dale-esiablished-e-orapabicheinsontheprepesa-ehamgeoramemdimete-determine  he-Tewp-Clerkeinsuficientimete-to-aHow-the-tewn esuldiengyamdaseunyoflhepeiton:  (5) Thej proposed amendments shall follow the requirements of G.S. Chapter 160A, Article 19, Planning and Regulation ofDevelopment and will in no way undermine or diminish the purpose and intent ofG.S. Chapter 143,Article 21, Watershed Protection Rules, which have been designed toj promote the public health, safety and general welfare of the state's citizenry. All proposed amendments will be sent to the following state agencies prior to adoption: the Department ofCommerce - Division of Community Assistance, the Department of Environment, Health and Natural Resources -) Division of Environmental Management and the Environmental Management Commission. Planning Board, see G.S.$160A 387 Protest petition, see G.S.9160A-386  (Ord. $170BB, passed 2-19-2008) Statutory reference:  15512APPLICATION OF REGULATIONS  (A) No building or land shall hereafter be used and no development shall take place except in conformity with the regulations herein specified for the watershed area in which it is located. (B) No area required for the purpose of complying with the provisions of this ordinance shall (C) Every residential building hereafter erected, moved or structurally altered shall be located ona a lot which conforms to the regulations herein specified, except as permitted in Section 306 (D) Ifa use or class ofuse is not specifically indicated as being allowed in a watershed area, such  bei included in the area required for another building.  use or classof use is prohibited.  GENERALREGULATIONS; ADMINISTRATION  $155.25 BUFFER AREAS REQUIRED.  (A) A minimum 100-foot vegetative buffer is required for all new development activities that exceed the low density option; otherwise, a minimum 30-foot vegetative buffer for development activities is required along all perennial waters indicated in the most recent versions ofUSGS 1:24,000 (7.5 minute) scale topographic maps or as determined by local government studies. Artificial stream bank or shoreline stabilization is permitted.  (B)  Where USGS topographic maps do not distinguish between perennial and    intermittent streams, an on-site stream determination may be performed by ani individual  qualified to perform such stream determinations.  (C)  Desirable artificial streambank or shoreline stabilization is permitted.  (D) No new development is allowed in the buffer except for water dependent structures and public projects such as road crossings and greenways and their appurtenances where no practical alternative exists. These activities should minimize built-upon surface area, direct runoff away from the surface waters and maximize the utilization of stormwater best management practices, defined as a structural or nonstructural management based practice used singularly or in combination to reduce nonpoint source inputs receiving waters in order  to achieve water quality goals. (Ord. S 1701,passed: 2-19-2008)  $155.26 RULES GOVERNING THE INTERPRETATION OF WATERSHED (A) Where uncertainty exists as to the boundaries oft the watershed areas, as  AREA BOUNDARIES,  shown on the Watershed Map, the following rules shall apply.  (1) Where area boundaries are indicated as approximately following either street, alley, railroad or highway lines or centerlines thereof, the lines shall be  construed to be the boundaries.  (2) Where area boundaries are indicated as approximately following lot lines, the lot lines shall be construed to be the boundaries. However, a surveyed plat prepared by a registered land surveyor may be submitted to the Watershed Administrator as evidence that one or more properties along these boundaries do not lie within the  watershed area.  (3) Where the watershed area boundaries lie at a scaled distance more than 25  feet from any parallel lot line, the location of watershed area boundaries shall be determined by use oft the scale appearing on the Watershed Map.  (4) Where the watershed area boundaries lie at a scaled distance of25 feet or  less from any parallel lot line, the location of watershed area boundaries shall be  construed to be the lot line.  (5) Where other uncertainty exists, the Watershed Administrator shall  interpret the Watershed Map as to location of the boundaries. (B) This decision may be appealed to the Watershed Review Board. (Ord. $ 1701, passed 2-19-2008)  S1 155.27 WATERSHED ADMINISTRATOR AND DUTIES THEREOF. The Town Council shall appoint a' Watershed Administrator. Itshall bet the duty ofthe Watershed Administrator to administer and enforcetheprovisions ofthis chapteras    212 follows.  Sawmills-Land Usage  (A) The Watershed Administrator shall issue watershed protection permits and watershed protection occupancy permits as prescribed herein. A record of all permits shall be kept on file and shall be available for public inspection during regular office  hours of the Administrator.  (B) The Watershed Administrator shall serve as staff to the Watershed Review Board. (C) The Watershed Administrator shall keep records of all amendments to the local Water Supply Watershed Protection Regulations (this chapter) and shall provide copies of all amendments upon adoption to the Supervisor of the Classification and Standards Group,  Water Quality Section, Division of Environmental Management.  (D). The Watershed Administrator is granted the authority to administer and enforce the provisions ofthis chapter, exercising in the fulfillment ofhis or her responsibility the full zoning and police power oft the town. The Watershed Administrator, or his or her duly authorized representative, may enter any building, structure or premises, as provided by law,  toj perform any duty imposed upon him or her by this chapter.  (E) The Watershed Administrator shall keep a record of variances to this chapter. This record shall be submitted to the Supervisor oft the Classification and Standards Group, Water Quality Section, Division of Environmental Management on an annual basis and shall provide a description of each project receiving a variance and the reasons for granting the  variance.  (Ord. S 170K,passed 2-19-2008)  (F) The Watershed Administrator is responsible for ensuring that Stormwater Control Measures are inspected at least once a year and shall keep ai record ofSCM inspections. $155.28 APPEAL FROM THE WATERSHED ADMINISTRATOR,  (A) Any order, requirement, decision or determination made by the Watershed Administrator may be appealed to and decided by the Watershed Review Board.  (B) An appeal from a decision oft the Watershed Administrator must be submitted to the Watershed Review Board within 30 days from the date the order, interpretation, decision or determination is made. All appeals must be made in writing stating the reasons for appeal. Following submission of an appeal, the Watershed Administrator shall transmit to the Board all papers constituting the record upon which the action appealed from was taken. (C) An appeal stays all proceedings in furtherance of the action appealed, unless the officer from whom the appeal is taken certifies to the Board after the notice of appeal has been filed with him or her, that by reason of facts stated in the certificate, a stay would in his to life or property. In that case, proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board or by a court ofrecord on application ofnotice of the officer from whom the appeal is taken and upon due cause shown.  or her opinion cause imminent peril    (D) The Board shall fix ai reasonable time for hearing the appeal and give notice thereof to the parties and shall decide the same within al reasonable time. At the hearing,  any party may appear inj person, by agent or by attorney.  (Ord. $170L,passed 2-19-2008)  155.29 ESTABLISHMENT OF WATERSHED REVIEW BOARD.  There shall be and hereby is created the Watershed Review Board consisting oft the same: membership as the Town-Couneil Planning Board. Terms for members oft the Watershed Review Board shall coincide with the membership terms for-Tewn-Couneil  Planning Board.  (Ord. $170M, passed 2-19-2008)  $155.30 POWERS AND DUTIES OF THE WATERSHED REVIEW BOARD. (A) The Watershed Review Board shall be responsible for reviewing and hearing all major and minor variance cases, and shall follow the standards procedures oft this chapter for variance applications. the Watershed Review Board may grant a variance, it shall make the following three findings, which shall be recorded in the permanent record of the case, and  shall include the factual reasons on which they are based:  (a) There are practical difficulties or unnecessary hardships in the way of carrying out the strict letter oft the Ordinance. In order to determine that there are practical difficulties or unnecessary hardships, the Board must find that the five  following conditions exist:  (1) Ifhe complies with the provisions oft the Ordinance, the applicant can secure no reasonable return from, nor make reasonable useof, his property. Merely proving that the variance would permit a greater profit to be made from the property will not be considered adequate to justify the Board in granting an variance. Moreover, the Board shall consider whether the variance is the minimum possible deviation from the terms oft the Ordinance that will make possible the reasonable use ofhis  property.  (2) The hardship results from the application of the Ordinance to the property rather than from other factors such as deed restrictions or other  hardship.  (3) The hardship is due to the physical nature oft the applicant's property, such as its size, shape,ort topography, which is different from that  ofn neighboring property.  (4) The hardship is not the result ofthe actions of an applicant who knowingly or unknowingly violates the Ordinance, or who purchases the property after the effective date ofthe Ordinance, and then comes to the  Board for relief.    214  Sawmills-Land Usage  5) Thel hardship is peculiar to the applicant's property, rather than the result of conditions that are widespread. Ifother properties are equally subject to the hardship created in the restriction, then granting a variance would be a special privilege denied to others, and would not promote equal (b) The variance is in harmony with the general purpose and intent oft the (c) In the granting oft the variance, the public safety and welfare have been assured and substantial justice has been done. The Board shall not grant a variance ifit finds that doing sO would in any respect impair the public health, safety,or  justice.  Ordinance and preserves its spirit.  general welfare.  (B) In granting the variance, the Board may attach thereto such conditions regarding the location, character, and other features oft the proposed building, structure, or use as itmay deem advisable in furtherance oft the purpose of this ordinance. Ifa variance for the construction, alteration or use of property is granted, such construction, alteration or use (C) The Watershed Review Board shall refuse to hear an appeal or an application fora variance previously denied ifit finds that there have been no substantial changes in conditions or circumstances bearing on the appeal or application. (D) A variance issued in accordance with this Section shall be considered a Watershed Protection Permit and shall expire ifal Building Permit or Watershed Occupancy Permit fors such use is not obtained by the applicant within six (6) months from the date ofthe (E) Ifthe application calls for the granting of a major variance, and ift the Watershed Review Board decides in favor or granting the variance, the Board shall prepare a preliminary record ofthel hearing with all deliberate speed. The preliminary record  shall be in accordance with the approved site plan.  decision.  oft the hearing shall include:  a. The variance applications; b. The hearing notices; The evidence presented;  d. Motions, offers ofproof, objections to evidence andi rulings ont them;  e. Proposed findings and exceptions; and  . Theproposed decision, including all conditions proposed tol be added tot the (F) The preliminary record shall be sent to the Environmental Management  permit.  Commission for its review as follows.  a. Ifthe Commission concludes from the preliminary record that the variance    qualifies as a major variance and that the property owner can secure no reasonable return from, nor make any practical use oft the property unless the proposed variance is granted, and the variance, if granted, will not result in a serious threat to the water supply, then the Commission shall approve the variance as proposed or approve the proposed variance with conditions and stipulations. The Commission shall prepare a Commission decision and  send it to the Watershed Review Board.  i.  Ifthe Commission approves the variance as  proposed, the Board shall prepare a final decision granting the  proposed variance.  ii.  Ifthe Commission approves the variance with  conditions and stipulations, the Board shall prepare ai final decision, including the conditions and stipulations, granting the proposed  variance.  b. Ifthe Commission concludes from the preliminary record that the variance qualifies as a major variance and that the property owner can secure ai reasonable return from or make aj practical use of the property without the variance, or the variance, if granted, will result in a serious threat to the water supply, then the Commission shall deny approval of the variance as proposed. The Commission shall prepare a Commission decision and send it to the Watershed Review Board. The Board shall prepare a final decision  denying the variance as proposed.  (G) Approval ofall development greater than thel low density option shall bet the  authority ofthe Watershed Review Board. (Ord. S 170N,passed 2-19-2008)  55JIAPPEALSFROMTHE, WATERSHED REVIEW BOARD.  Appeals from the Watershed. Review Board must be filed with the Superior Court within 30 days from the date ofthe decision. The decisions by the Superior Court will bei inthe  manner ofcertiorari. (Ord. S 1700,passed 2-19-2008)  STANDARDS  S 155.45 HIGHDENSITYDEVELOPMENT STANDARDS.  The Watershed Review Board may approve high density development proposals (A) WS-IV-CA WatershedAreas. Where new development exceeds either two dwelling units per acre or 24% built-upon area, engineered stormwater controls shall be used to control runoff from the first inch of rainfall, and development shall not exceed  consistent with the following standards.  50% built-upon area.    21€  Sawmills-Land Usage  (B) WS-IV-PA Watershed.Areas. Where new development requires a Sedimentation/Frosion Control Plan (see $ 153.02) and exceeds either two dwelling units per acre, 24% built-upon area or 36% built-upon area without curb and gutter, engineered runoff from the first inch ofrainfall, and development shall not exceed 70% built-  stormwater controls shall be used to control upon area. (Ord. $ 170P, passed 2-19-2008)  $15546 HIGH DENSITY DEVELOPMENT PERMIT APPLICATION. (A). A high density development permit shall be required for new development (B) Application for al high density development permit shall be addressed and submitted to the Watershed Review Board through the Watershed Administrator. Application for al high density development permit shall be made on the proper form and  exceeding the requirements ofthe low density option.  shall include the following information:  (1) A completed high density development permit application signed by the owner of thej property. The signature oft the consulting engineer or other agent will be accepted on the application only ifaccompanied by al letter of authorization;  (2) Ten reproducible copies of the development plan within the drainage basin including the applicable information listed in Appendix A: Application Forms, Subdivision Plat Checklist, which appendix as attached to the ordinance comprising this chapter is hereby adopted by reference as if set out in full herein, and detailed information  concerning built-upon area;  (3) Ten reproducible copies of the plans and specifications of the stormwater (4) When required by law, written verification that a soil erosion and sedimentation control plan has been approved by the appropriate state or local agency; and  control;  (5) Permit application fees.  (C) Prior to taking final action on any application, the Board or the Watershed Administrator may provide an opportunity toj public agencies affected by the development proposal to review and make recommendations on the application. However, failure of the agencies to submit their comments and recommendations shall not delay the Board's action (D) Public hearing. Upon receipt of a completed application, the Watershed Review Board shall hold a public hearing. Notice ofthe hearing shall be published ina newspaper of general circulation at least seven days prior to the date oft the hearing. The notice shall state the location oft the building, lot or tract in question, the intended use oft the property, the need for engineered stormwater controls and the time and place ofthe hearing. At the hearing, the applicant or designated representative thereof shall appear for the purposes of offering testimony and recommendations concerning the application. The Board shall also  within the prescribed time limit.    allot reasonable time for the expression of views by any member ofthe public attending the meeting inj person or represented by an attorney, provided the testimony bears on the  findings the Board must make.  (E) (1) The Watershed Review Board shall issue al high density development permit within 65 days ofi its first consideration upon finding that the proposal is consistent with the applicable standards set forth ini this chapter and the following conditions are met. proposed and developed according to the plan as submitted and approved;  (a) The use will not endanger the public health or safety iflocated where  (b) The use minimizes impacts to water quality through the best management (c) The use is vital to the continued growth and economic development of the (d) Theusei is consistent with the officially adopted land development plans for (2) Ifthe Watershed Review Board finds that any one ofthe above conditions is (F) In addition to any other requirements provided by this chapter, the Board may designate additional permit conditions and requirements to assure that the use will be harmonious with the area in which it is proposed to be located and with the spirit ofthis chapter. All additional conditions shall be entered ini the minutes oft the meeting at which the permit is granted, on all plans and on the permit certificate. All conditions SO imposed shall run with the land and shall be binding upon the applicant and the applicant's heirs, successors (G) The Board shall issue a written ruling and: make copies available at the office of the Watershed Administrator andt the Town Clerk. Ifthel Board approves the application based on its findings, that approval shall be indicated ont thej permit and all copies ofthe siteplan and all copies oft theplans and specifications ofthe stormwater control structure(s). A high density development permit shall bei issued aftert the applicant posts a performance bond or other acceptable security and executes an operation and maintenance agreement. A copy ofthe permit and one copy ofe each set ofplans shall bel kept on fileat the Watershed Administrator's office. The original permit and one copy of each set of plans shall be delivered tot the applicant either by personal serviceorregistered mail, return  practices, cluster development and/or maximum setbacks from perennial waters;  town; and thetown.  not met, the Board shall deny the application.  or assigns during the continuation of the permitted use.  receipt requested. (Ord. S 170Q, passed 2-19-2008)  $155.47 STORMWATER CONTROL STRUCTURES.  (A) All stormwater control structures shall be designed by either a North Carolina registered professional engineer or landscape architect, to the extent that G.S. Chapter 89A allows. Other stormwater systems shall be designed by a state registered professional with    218  Sawmills-Land Usage  qualifications appropriate for the type of system required; these registered professionals are defined as professional engineers or landscape architects, to the extent that the General Statutes, G.S. Chapter 89A allow, and land surveyors, to the extent that the design represents incidental drainage within a subdivision, as provided in G.S. $ 89C-3(7). (B) All stormwater controls shall use wet detention ponds as aj primary treatment system. Wet detention ponds shall be designed for specific pollutant removal according approved by the State Division of Environmental Management. Specific requirements for  tor modeling techniques  these systems shall be in accordance with the following design criteria:  (1) Wet detention ponds shall be designed to remove 85% oftotal suspended solids ini the permanent pool and storage runoff from a one-inch rainfall from the site  above the permanent pool;  (2) The designed runoff storage volume shall be above the permanent pool; (3) The discharge rate from these systems following the one-inch rainfall design storm shall be such that the runoff does not draw down to the permanent pool level in less than two days and that the pond is drawn down to the permanent pool level within at least  five days;  (4) The mean permanent pool depth shall be ai minimum of three feet; (5) The inlet structure shall be designed to minimize turbulence using  baffles or other appropriate design features;  (6) Vegetative filters shall be constructed for the overflow and discharge of all stormwater wet detention ponds and shall be at least 30 feet in length. The slope and width ofthe vegetative filter shall be determined SO as to provide a non-erosive velocity of flow through the filter for a ten-year, 24- hour storm with a ten-year, one-hour intensity with a slope of5 5% or less. Vegetation int the filter shall be natural vegetation, grasses or artificially planted wetland vegetation appropriate for the site characteristics.  (C) In addition to the vegetative filters, all land areas outside oft the pond shall be provided with a ground cover sufficient to restrain erosion within 30 days after any land disturbance. Upon completion of the stormwater control structure, aj permanent ground cover shall be established and maintained as part of the maintenance agreement. (D) A description ofthe area containing the stormwater control structure shall be prepared and filed as a separate deed with the County Register of Deeds along with any easements necessary for general access to the stormwater control structure. The deeded area shall include the detention pond, vegetative filters, all pipes and water control structures, berms, dikes and the like, and sufficient area to perform inspections, maintenance, repairs (E) Qualifying areas of the stormwater control structure may be considered pervious when computing total built-upon area. However, ift the structure is used to  and reconstruction.    compute the percentage built- upon area for one site, it shall not be used to compute the built-upon area for any other site or area. (Ord. S 170R, passed 2-19-2008) 155.48 WATERSHED AREAS- ALLOWED AND NOT ALLOWED USES  Activity/Use New landfills sites discharges discharges  WS-IV WS CA IVPA No es No Yes Yes Yes Yes Yes Yes Mes Mes Mes Yes Mes Ves Yes Yes  New permitted residual land application New permitted petroleum contaminated soils No NPDES General or Individual Stormwater NPDES General Permit Wastewater Discharges pursuant to 15AI NCAC 02H.0127 NPDES Individual Permit trout farm New NPDES Individual Permit domestic treated wastewater discharge New NPDES Individual Permit industrial treated wastewater discharge Non-process industrial waste New industrial connections and expansions to Yes Yes existing municipal discharge with pretreatment program pursuant to 15AN NCAC 02H.0904  Sewage Industrial Waste Other wastes Agriculture Silvicultures Residential Development" Non-residential Development" Nonpoint Source Pollution* Animal Operations  Groundwater remediation project dischargese Yes Yes  Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes Yes  155.49 WATERSHED AREAS- DENSITY AND BUILT-UPONLINITS  (A) PROJECT DENSITY. The following maximum allowable project densities and minimum lots sizes shall apply to a project according to the classification of the water supply watershed where it is located, its relative location in the watershed, its project density, and the type of  development  Maximum Allowable Project Density or Minimum Lot  Size Non- residential and all other residential  Water Supply Classification Watershed  Locationin the  Low Density Development Single-family detached residential 1du per one-half acre or 1 du per lote excluding roadway right-of- way or 24% built- uponarea  High Density, Development Alltypes  20,000 square foot 24% built- 24 to 50% built-  WS-IV  Critical Area  uponarea  uponarea    226  Sawmills-Land Usage  1du per one-half acre or 1 du per 20,000 square foot 24% built- lote excluding roadway right-of- way or 24% built- upon area upon; or 3 dus per without curb acre or 36% built- and gutter upon area without street system curb and gutter street system  upon area; or  Protected Area  36% built- 24to 70% built-  uponarea  (B) CALCULATION OF PROJECT DENSITY. The following requirements shall apply tot the  calculation of project density:  (1) Project density shall be calculated as the total built-upon area divided by the (2) A project with "existing development, as that term is defined in 15A NCAC 02B .0621, may use the calculation method in Sub-Item (1) of this Item or may calculate project density as the difference oftotal built-upon areai minus existing built-upon area divided by the difference oftotal project area minus  total project area;  existing built-upon area.  (3) Expansions to existing development shall be subject to 15A NCAC 02B .0624 except as excluded in Rule 15A NCAC 02B .0622 (1)d). (4) Where there is a net increase of built-upon area, only the area ofr net increase (5) Where existing development is being replaced with new built-upon area, and there is a net increase of built-upon area, only the area of net increase shall (a) areas below the Normal High Water Line (NHWL); and (b) areas defined as "coastal wetlands" pursuant to 15A NCAC 07H .0205, herein incorporated by reference, including subsequent amendments and editions, and available at no cost at tp/reporis.cahstate.nc.usneae.asp. as measured landward from  shall be subject to 15A NCAC 02B. .0624.  bes subject to 15A NCAC 02B .0624; (6) Total project area shall exclude the following:  the NHWL; and  (7) Projects under a common plan ofdevelopment shall be considered as asingle project for purposes of density calculation except that on a case-by-case basis, local governments may allow projects to be considered to have both high and low density areas based on one or more of the following criteria:  (a) natural drainage area boundaries; (b) variations in land use throughout the project;or (c) construction phasing  (C) LOW DENSITY PROJECTS. In addition to complying with the project density requirements of Item (A) ofthis Rule, low density projects shall comply with the following  (1) VEGETATED CONVEYANCES. Stormwater runoff from the project shall be released to vegetated areas as dispersed flow or transported by vegetated conveyances to the maximum extent practicable. In determining whether this criteria has been met, the local government shall take into account site-    specific factors such as topography and site layout as well as protection of water quality. Vegetated conveyances shall be maintained in perpetuity to ensure that they function as designed. Vegetated conveyances that meet the following criteria shall be deemed to satisfy the requirements of this Sub- (a) Side slopes shall be no steeper than 3:1 (horizontal to vertical) unless itis demonstrated to the local government that the soils and vegetation will remain stable in perpetuity based on engineering (b) The conveyance shall be designed sot that it does not erode during the peak flow from the 10-year storm event as demonstrated by  Item:  calculations and on-site soil investigation; and  engineering calculations.  (2) CURB OUTLET SYSTEMS. In lieu of vegetated conveyances, low density projects shall have the option to use curb and gutter with outlets to convey stormwater to grassed swales or vegetated areas. Requirements for thesecurb (a) The curb outlets shall be located such that the swale or vegetated area can carry the peak flow from the 10-year storm and at a non-erosive (b) Thel longitudinal slope ofthe swale or vegetated area shall not exceed five percent except where not practical due to physical constraints. In these cases, devices to slow the rate of runoff and encourage infiltration to reduce pollutant delivery shall be provided; (c) Thes swale's cross section shall bet trapezoidal witha ar minimum bottom (d) The side slopes oft the swale or vegetated area shall bei no steeper than (e) Theminimum length oft the swale or vegetated area shall be 100 feet; (f) Low density projects may use treatment swales designed in accordance with 15A NCAC 02H.1061 in lieu of the requirements specified in Sub-Items (a) through (e) oft this Sub-Item.  outlet systems shall be as follows:  velocity;  width oftwo feet; 3:1 (horizontal to vertical):  and  (D) HIGH DENSITY PROJECTS. In addition to complying with the project density requirements of Item (A)ofthis Rule, high density projects shall comply with the following:  (1) Stormwater Control Measures (SCMs) shall be designed, constructed, and maintained sO that the project achieves either "runoff treatment" or "runoff volume match" as those terms are defined in 15A NCAC 02B .0621; (2) For high density projects designed to achieve runoff treatment, the required storm depth shall be one inch. Applicants shall have the option to design projects to achieve runoff volume match in lieu of runofftreatment; (3) Stormwater runoff from off-site areas and "existing development," as that term is defined in 15A NCAC 02B .0621, shall not be required to be treated in the SCM. Runoff from off-site areas or existing development that is not (4) SCMs shall meet the relevant MDC set forth in 15A NCAC 02H.1050 (5) Stormwater outlets shall be designed SO that they do not cause erosion downslope of the discharge point during the peak flow from the 10-year  bypassed shall be included in sizing ofon-site SCMs;  through.1062; and  storm event as shown by engineering calculations.    222  Sawmills-Land Usage   155.50 DENSITY AVERAGING  (A) An applicant may average development density on up to two noncontiguous properties for purposes of achieving compliance with the water supply watershed development standards ifall  oft the following circumstances exist:  (I) The properties are within the same water supply watershed. If one of the properties isl located in the critical areaofthe watershed, the critical area property shall not be developed beyond the applicable density requirements for its Overall project density meets applicable density or stormwater control (3) Vegetated setbacks onl both properties meet the minimum statewidewaters supply (4) Built upon areas are designed and located to minimize stormwater runoffimpact to the receiving waters, minimize concentrated stormwater flow, maximize the use ofsheet flow through vegetated areas, and maximize the flow length through (5) Areas of concentrated density development are located in upland areas and, to the maximum extent practicable, away from surface waters and drainageways. (6) The property or portions of the properties that are not being developed will remain in a vegetated or natural state and will be managed by a homeowners' association as common area, conveyed to a local government as a park or greenway, or placed under a permanent conservation or farmland preservation easement unless it can be demonstrated that the local government can ensure long-term compliance through deed restrictions and an electronic permitting mechanism. A metes and bounds description of the areas to remain vegetated and limits on use shall be recorded on the subdivision plat, in homeowners' Development permitted under density averaging and meeting applicable low density requirements shall transport stormwater runoff by vegetated (8) A special use permit or other such permit or certificate shall be obtained from the local Watershed Review Board to ensure that both properties considered together meet the standards oft the watershed ordinance and that potential owners have record of how the watershed regulations were applied to the properties.  classification.  (2)  requirements under 15A NCAC2B .0200. watershed protection requirements.  vegetated areas.  covenants, and on individual deed and shall be irrevocable. conveyances to the maximum extent practicable.  (7)  155.51 CLUSTER DEVELOPMENT  Cluster development is allowed in all Watershed Areas [except WS-I) under the following  conditions! (A)  Minimum lot sizes are not applicable to single family cluster development projects;  however, the total number oflots shall not exceed the number ofl lots allowed for single family detached developments in Section 303. Density or built-upon area for the project shall not exceed that allowed for the critical area, balance ofwatershed or protected area, whichever applies. impact to the receiving waters and minimize concentrated stormwater flow, maximize the useof sheet flow through vegetated areas, and maximize the flow length through vegetated areas.  (B)  All built-upon area shall be designed and located to minimize stormwater runoff    (C) (D)  Areas of concentrated density development shall be located in upland area and away, The remainder oft the tract shall remain in a vegetated or natural state. The title to the  tot the maximum extent practicable, from surface waters and drainageways.  open space area shall be conveyed to an incorporated homeowners association for management; to alocal government for preservation as a park or open space; or to a conservation organization for preservation in a permanent easement. Where a property association is not incorporated.a  maintenance agreement shall be filed with the property deeds.  (E)  Cluster developments that meet the applicable low density requirements shall transport  stormwater runoff by vegetated conveyances to the maximum extent practicable.  MAINTENANCE: INSPECTIONSANDENFORCEMENT  $155.60 POSTING OFFINANCIAL SECURITY REQUIRED.  (A) Required. All new stormwater control structures shall be conditioned on the posting of adequate financial assurance for the purpose of maintenance, repairs or reconstruction necessary for adequate performance ofthe stormwater control structures. (B) Financial assistance types. Financial assurance shall be in the form of the following. (1) Security performance bond or other security. The permit applicant shall obtain either a performance bond from a surety bonding company authorized to do business in North Carolina, an irrevocable letter of credit or other instrument readily convertible into cash at face value payable to the town or placed in escrow with ai financial institution designated as an official depository ofthe town. The bond or other instrument shall be in an amount equal to 1.25 times the total cost of the stormwater control structure, as estimated by the applicant and approved by the town. The total cost of the stormwater control structure shall include the value of all materials such as piping and other structures; seeding and soil stabilization; design and engineering; and grading, excavation, fill and the like. The costs shall not be prorated as part of a larger project, but rather under the assumption of an  independent mobilization.  (2) Cash or equivalent security deposited after the release oftheperformance. bond. The permit applicant shall deposit with the town either cash or other instrument approved by the Town Attorney that is readily convertible into cash at face value. The cash or security shall be in an amount equal to 15%oft the total cost of the stormwater control structure or the estimated cost ofmaintaining the stormwater control structure over at ten-year period, whichever is greater. The estimated cost ofmaintaining the stormwater control structure shall be consistent with the approved operation and maintenance plan or manual. The amount shall be computed by estimating the maintenance cost for 25 years and multiplying (C) Binding agreement. The permit applicant shall enter into al binding operation and maintenance agreement between the town and all interests in the development. This  this amount by two-fifths or 0.4.    224  Sawmills-Land Usage  agreement shall require the owning entity to maintain, repair and, ifi necessary, reconstruct the stormwater control structure in accordance with the operation and management plan or manual provided by the developer. The operation and maintenance agreement shall be filed  with the County Register of Deeds by the Watershed Administrator.  (D) Default under theperformance bond or other security. Upon default of the permit applicant to complete and/or maintain the stormwater control structure as specifically provided in the performance bond or other security, the town may obtain and use all or any portion oft the funds necessary to complete the improvements based on an engineering estimate. The town shall return any funds not spent in completing the improvements to the  owning entity.  (E) Default under the cash security. Upon default of the owning entity to maintain, repair and, ifnecessary, reconstruct the stormwater control structure in accordance with the operation and maintenance agreement, the town shall obtain and use all or any portion of the cash security to make necessary improvements based on an engineering estimate. This expenditure of funds shall only be made after exhausting all other reasonable remedies terms and conditions ofthe operation and maintenance agreement. The town shall not  seeking the owning entity to comply with the return any of the deposited cash funds. (Ord. $ 170S,passed 2-19-2008)  $155.61 MAINTENANCE AND UPKEEP.  (A) An operation and maintenance plan or manual shall be provided by the developer for each stormwater control structure, indicating what operation and maintenance actions are needed, what specific quantitative criteria will be used for determining when those actions are to be taken and, consistent with the operation and maintenance agreement, who is responsible for those actions. The plan shall clearly indicate the steps that will be taken for restoring a stormwater control structure to design  specifications ifa failure occurs.  (B) Landscaping and grounds management shall be the responsibility oft the owning entity. However, vegetation shall not be established or allowed to mature to the extent that the integrity of the control structure is diminished or threatened, or to the extent of interfering with any easement or access to the stormwater control structure.  (C) Except for general landscaping and grounds management, the owning entity shall notify the Watershed Administrator prior to any repair or reconstruction ofthe stormwater control structure. All improvements shall be made consistent with the approved plans and specifications ofthe stormwater control structure and the operation and maintenance plan orn manual. After notification by the owning entity, the Town Engineer shall inspect the completed improvements and shall inform the owning entity of any required additions, changes or modifications and ofthe time period to complete the improvements.  (D) Amendments to the plans and specifications oft the stormwater control structure and/or the operation and maintenance plan or manual shall be approved by the Watershed Review Board. Proposed changed shall be prepared by al North Carolina registered    professional engineer or landscape architect (to the extent that the G.S. Chapter 89A allows) and submitted to and reviewed by the Watershed Administrator prior to  consideration by the Watershed Review Board.  (I) Ifthe Watershed Review Board approves the proposed changes, the owning entity oft the stormwater control structure shall file sealed copies oft the revisions with the  office ofthe Watershed Administrator.  (2) Ifthe Watershed Review Board disapproves the changes, the proposal may be revised and resubmitted to the Watershed Review Board as a new proposal. Ifthe proposal has not been revised and is essentially the same as that already reviewed, it shall be returned (E) Ifthe Watershed Review Board finds that the operation and maintenance plan or manual is inadequate for any reason, the Board shall notify the owning entity of any required changes and shall prepare and file copies ofthe revised agreement with the County Register of Deeds, the office of the Watershed Administrator and the owning  to the applicant.  entity.  (Ord. $ 170T,passed. 2-19-2008)  S1 155.62 APPLICATION AND INSPECTION FEES.  (A) Processing and inspection fees shall be submitted in the form of a check or money order made payable to the town. Applications shall be returned ifnot accompanied by the  required fee.  (B) A permit and inspection fee schedule, as approved by the town, shall be posted in (C) Inspection fees shall be valid for 60 days. An inspection fee shall be required when improvements are made to the stormwater control structure consistent with this chapter, except int the case when a similar fee has been paid within the last 60 days.  the office ofthe Watershed Administrator.  (Ord. $ 170U,passed 2-19-2008)  $155.63 INSPECTIONS AND RELEASE OFTHE PERFORMANCE BOND. (A) The stormwater control structure shall be inspected by the town, after the owning entity notifies the Watershed Administrator that all work has been completed. At this  inspection, the owning entity shall provide:  (1) The signed deed, related easements and survey plat for the stormwater  control structure ready for filing with the County Register ofI Deeds; and  (2) A certification sealed by an engineer or landscape architect (to the extent that statutes allow) stating that the stormwater control structure is complete and consistent with  the approved plans and specifications.    22€  Sawmills-Land Usage  (B) The Watershed Administrator shall present the materials submitted by the developer and the inspection report and recommendations to the Town Council at its  next regularly scheduled meeting.  (1) Ifthe Town Council approves the inspection report and accepts the certification, deed and easements, the town shall file the deed and easements with the County Register of Deeds, release up to 75% oft the value of the performance bond or  other security and issue the appropriate permit.  (2) Ifdeficiencies are found, the town shall direct that improvements and inspections be made and documents corrected and submitted to the town. (C) No sooner than one year after the filing date oft the deed, easements and maintenance agreement, the developer may petition the town to release the remaining value ofthe performance bond or other security. Upon receipt of the petition, the town to determine whether the controls are performing as designed and intended. The Watershed Administrator shall present the petition and findings to the Town Council. (1) Ifthe Town Council approves the report and accepts the petition, the developer shall deposit with the town a cash amount equal to that described in this chapter, after which the Town Council shall release the performance bond or other  shall inspect the stormwater control structure  security.  (2) Ifthe Town Council does not accept the report and rejects the petition, the town shall provide the developer with instructions to correct any deficiencies and all steps necessary for the release oft the performance bond or other security. (D) A watershed protection occupancy permit shall not be issued for any building within the permitted development until the Town Council has approved  the stormwater control structure.  (E) All stormwater control structures shall be inspected at least on an annual basis to determine whether the controls are performing as designed and intended. Records of inspection shall be maintained on forms approved or supplied by the State Division of Environmental Management. Annual inspections shall begin within one  year of filing date of the deed for the stormwater control structure.  (F) In the event the Watershed Administrator discovers the need for corrective action or improvements, the Watershed Administrator shall notify the owning entity of the needed improvements and the date by which the corrective action is to be completed. All improvements shall be made consistent with the plans and specifications of the stormwater control structure and the operation and maintenance plan or manual. After notification by the owning entity, the town shall inspect and approve the completed  improvements.  (Ord.9170V,passed2-19-2008)    S1 155.64 SANCTIONS.  In addition to the remedies described herein and consistent with G.S. S 160A-175, the Town Council may seek enforcement of this chapter by assessing a civil penalty to be recovered by the town in a civil action in the nature of debt ifthe offender does not pay the penalty in aj prescribed period oftime after being cited for violation ofthe chapter. The violation may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. The court may issue an injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use ofthe property. The action shall be governed in all respects by the laws and rules governing civil proceedings, including the Rules of Civil Procedure in general and Rule 65 in particular. Ifthe defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the court, the defendant may be cited for contempt and the town may executet the order of abatement. Thetown shall have al lien oni the property for the cost of executing an order of abatement ini the nature ofar mechanic's and materialman's lien. The defendant may secure cancellation ofa an order of abatement by paying all costs ofthe proceedings and posting al bond for compliance with the order. The bond shall be given with sureties approved by the Clerk of Superior Court in an amount approved by thejudge before whom thei matter is heard and shall be conditioned on the defendant's full compliance with the terms ofthe order ofa abatement within at time fixed by the judge. Cancellation ofan order ofabatement shall not suspend or cancel an injunction issued in conjunction therewith. Enforcement ofthis chapter may bel by any one, all ora combination ofthe remedies authorized int this chapter. Each day's continuing violation  shalll be a separate and distinct offense.  (Ord. S 170W,passed 2-19-2008) Penalty, see $ 155.99 S 155.65 PUBLIC HEALTH, IN GENERAL  No activity, situation, structure or land use shall be allowed within the watershed which poses a threat to water quality and the public health, safety and welfare.  S1 155.66 ABATEMENT  (A) The Watershed Administrator shall monitor land use activities within the watershed (B) The Watershed Administrator shall report all findings to the Watershed Review Board. The Watershed Administrator may consult with any publicagency orofficial and  areas toi identify situations that may pose a threat to water quality.  request recommendations.  (C) Where the Watershed Review Board finds a threat to water quality and the public health, safety and welfare, the Board shall institute any, appropriate action or proceedingto  restrain, correct or abate the condition and/or violation.  $155.99 PENALTY.    228  Sawmills-Land Usage  (A) Ifany subdivision, development and/or land use is found to be in violation of this chapter, the town may, in addition to all other remedies available either in law or in equity, institute a civil penalty in the amount of $50, institute actions or proceedings to restrain, correct or abate the violations; to prevent occupancy ofthe building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises. In addition, the State Environmental Management Commission may assess civil penalties in accordance with G.S. S 143-215.6A. Each day that the violation continues shall constitute a separate offense. (B) Ifthe Watershed Administrator finds that any of the provisions of this chapter are being violated, he or she shall notify in writing the person responsible for the violation, indicating the nature ofthe violation, and ordering the action necessary to correct it. He or she shall order discontinuance ofthe illegal use ofland, buildings or structures; removal of illegal buildings or structures, or of additions, alterations or structural changes thereto; discontinuance of any illegal work being done; or shall take any action authorized by this chapter to ensure compliance with or to prevent violation ofits] provisions. Ifaruling ofthe Watershed Administrator is questioned, the aggrieved party or parties may appeal the  ruling tot the Watershed Review Board. (Ord. S 170Z, passed 2-19-2    AGENDA ITEM 9B  MEMO DATE: SUBJECT:  January 16, 2024 Planning:  Rezoning ofPIN Numbers: 2766657929, 2766666171, 70000200.270963124 2766659938 and 2766658939  Discussion:  Aj public hearing for the rezoning of] Pin Numbers 2766657929, 2766666171, 2766667200, 2766668126, 2766659938 and 2766658939 was held on August 15, 2023. Council tabled this matter until the January 16, 2024 regular scheduled Council Meeting.  Recommendation:  Staffrecommends Council discuss this matter and decide how they wish to proceed.    AGENDA ITEM 11A  MEMO DATE: SUBJECT:  January 16, 2024 Updates: Code Enforcement Monthly Report  Discussion:  The attached report shows the progress that Code Enforcement Officer Curt Willis continues to  make throughout the town. Recommendation: No Council action required.    K 4 2  8 @)  S  A I  X 5 E C C  O 8    V) @ >  6  - - ous    tor  -  C 9 f C E e    - 5 bo -  a