AGENDA Sawmills Town Hall Tuesday, April 19,2022 6:00 pm Regular Meeting of the Sawmills Town Council 1. Call To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda 5. Approve Meeting Minutes Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson Town Manager Chase Winebarger Mayor Pro Tem Clay Wilson Mayor Pro Tem Clay Wilson A. March 15,2022 Regular Meeting Minutes B. March 15, 2022 Closed Session Minutes C. April5,2022 Budget Workshop Minutes D. April 5, 2022 Budget Workshop Closed Session Minutes 6. Public Comment 7. Recognitions: A. Recycle Rewards 8. Financial: A. WPCOG Planner/Code Enforcement Officer Agreement B. WPCOG Public Utility Maintenance Services Parks and Recreation Plan and the Site-Specific Master Plan for Sawmills Municipal Park Expansion D. Lenoir Caldwell County Crime Stoppers Donation Resolution Approving the Revised Town of Sawmills Comprehensive Mayor Pro Tem Clay Wilson 9. Discussion: A. Bad Debt Write Off 10. Public Comment 11. Updates: A. Code Enforcement Report A. Town Manager Updates B. Council Comment 12. Adjourn March 15, 2022 Page 1of8 TUESDAY, MARCH 15, 2022 TOWN OF SAWMILLS REGULAR COUNCIL MEETING 6:00 PM COUNCIL PRESENT Mayor Pro Tem Clay Wilson Joe Wesson Keith Warren Melissa Curtis Rebecca Johnson STAFF PRESENT Chase Winebarger Julie A Good Terry Taylor CALL TO ORDER: Mayor Pro Tem Clay Wilson called the meeting to order at approximately 6:00pm. INVOCATION: Councilman Joe Wesson gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Clay Wilson led the Pledge of Allegiance. ADOPT AGENDA: Mayor Pro Tem Clay Wilson asked for a motion to adopt the March 15, Joe Wesson made a motion, and Melissa Curtis seconded, to adopt the March 15, 2022 2022 Agenda. Agenda. All were in favor. APPROVE FEBRUARY 15, 2022 REGULAR MEETING MINUTES: Mayor Pro Tem Clay Wilson asked for a motion to approve the February 15, 2022 regular meeting minutes. Rebecca Johnson made a motion, and Melissa Curtis seconded, to approve the February 15, 2022 regular meeting minutes. All were in favor. APPROVE FEBRUARY 15, 2022 CLOSED SESSION MINUTES: Mayor Pro Tem Clay Wilson asked for a motion to approve the February 15, 2022 closed session minutes. Melissa Curtis made al motion, and Keith Wesson seconded, to approve the February 15,2022 closed session minutes. All were in favor. March 15, 2022 Page 2of8 PUBLIC COMMENT: Mayor Pro Tem Clay Wilson asked if anyone had any questions or Jo Ann Miller spoke about the fundraiser for the Hudson American Legion Post 392. comments at this time. PUBLIC HEARING: TEXT AMENDMENTS OPEN PUBLIC HEARING: Mayor Pro Tem Clay Wilson asked for a motion to open the Rebecca Johnson made a motion, and Joe Wesson seconded, to open the public hearing. All public hearing. were in favor.. STAFFCOMMENISRIECMMENDAIONS: Town Attorney Terry Taylor stated that municipalities are required to remove criminal (misdemeanor). language within their Town Codes, Zoning and Subdivision Ordinances specifically listed within senate bill 300 (SB300). The following sections oft the town of Sawmills Ordinances will be affected: Section 50.99 (Public Works penalties) Section 113.99 (Junkyard penalties) Section 153.999 (Zoning Ordinance) Section 152.999 (Subdivision Ordinance) Section 154.19 (Dwellings not in compliance) Section 154.54 (Housing standards) PUBLIC COMMENT: No one wished to speak. CLOSE PUBLIC HEARING: Mayor Pro Tem Clay Wilson asked for a motion to close the Joe Wesson made ai motion, and Keith Warren seconded, to close the public hearing. All were public hearing. in favor. COUNCIL ACTION: Rebecca Johnson made a motion, and Joe Wesson seconded, to adopt the Resolutions to amend Section 50.99 (Public Works penalties), Section 113.99 (Junkyard penalties), Section 153.999 (Zoning Ordinance), Section 152.999 (Subdivision Ordinance), Section 154.19 (Dwellings not in compliance), and Section 154.54 (Housing standards)of the Town of Sawmills Code ofC Ordinances. All were in favor. RECOGNITIONS: RECYCLE REWARDS WINNER: Mayor Pro Tem Clay Wilson announced Gerald Harvey, as the March Recycle Rewards winner. A credit of thirty-two dollars ($32.00) will March 15,2022 Page 3 of8 be added to the current sanitation bill. No Council action was required. FINANCIAL: HUDSON AMERICAN LEGION POST 392 DONATION REQUEST: Mayor Johnnie Greene stated that the Hudson American Legion Post 392 had requested a donation in the Melissa Curtis made ai motion, and Keith Warren seconded, to give a donation in the amount oftwo hundred dollars ($200.00) to the Hudson American Legion Post 392. All werei in favor. amount oft two hundred dollars ($200.00). DISCUSSION: TOWN OF SAWMILLS LICENSE AGREEMENT FOR CUTTING AND BAILING OF HAY: Town Manager Chase Winebarger stated that staff would like to lease a portion of the Town's property located at 4077 Baird Drive for cutting and bailing of hay on a one (1) year lease, every year that portions of the property are not being used, with stipulations that are set out ini the lease, sO that Public Works can be freed up to work on other projects. Joe Wesson made a motion, and Keith Warren seconded, to approve the Town of Sawmills License. Agreement For Cutting and] Bailing of Hay and for Town Manager Chase Winebarger to start the process to find someone for the first cutting and bailing. All were in favor. PUBLIC COMMENT: Mayor Pro Tem Clay Wilson asked if anyone had any questions or comments at this time. No one wished to speak. UPDATES: MARCH CODE ENFORCEMENT REPORT: Town Planner Dustin Millsaps stated that there are fourteen (14) code enforcement cases open: Casey L Wallace, 2634 Mission Road, Rubbish. Town Planner Dustin Millsaps stated Casey L Wallace, 2636 Mission Road, Rubbish. Town Planner Dustin Millsaps stated Casey L Wallace, 2630 Mission Road, Rubbish. Town Planner Dustin Millsaps stated Gladys Greene, 2624 Mission Road, Rubbish. Town Planner Dustin Millsaps stated that on February 24, 2022, a NOV letter was sent for rubbish; that on February 24, 2022, a NOV letter was sent for rubbish; that on February 24, 2022, a NOV letter was sent for rubbish; that on February 24, 2022, al NOV letter was sent for rubbish; March 15, 2022 Page 4 of8 Commercial Signs Outdoor, Inc., 4228 US Hwy 32la, Rubbish. Town Planner Dustin Millsaps stated that on February 24, 2022, a NOV letter was sent for Rubbish; Wiley Fletcher, 2502 Crest Ln, Rubbish and Zoning Violation. Town Planner Dustin Millsaps stated that on November 23, 2021, a NOV letter was sent for rubbish being located sporadically on the property, as well as a zoning violation for the accessory buildings located on the property. Town Planner Dustin Millsaps stated that as of December 3, 2021, there had been no progress., Town Plannerl Dustin Millsaps stated that on February 8, 2022 the trash has been picked up out of the yard but it is not completely finished. Town Planner Dustin Millsaps stated that a final letter will be issued. Town Planner Dustin Millsaps stated that he went by the property on March 8, Steven Killian, 4801 Helton Rd, Rubbish. Town Planner Dustin Millsaps stated that a NOVI letter, along with a copy oft the Town'st trash pick up policy, was sent for rubbish sitting at the road. Town Planner Dustin Millsaps stated that as of December 3, 2021, rubbish had not been picked up but it seems that the rubbish has been covered with tarps. Town Planner Dustin Millsaps stated that a final letter will be issued for the need to call the Town of bulk pickup and resolve the issue. Town Planner Dustin Millsaps stated that on March 8, 2022, he was coordinating a plan for a bulk pickup Parker Cox, 2527 Sigmon Dr, Rubbish. Town Planner Dustin Millsaps stated that on November 23, 2021, al NOV letter was sent. Town Planner Dustin Millsaps stated that as ofDecember 3, 2021, the it has started to be cleaned, but there is still a substantial amount of rubbish remaining. Town Planner Dustin Millsaps stated that the property has been cleaned a little, but not enough to make a difference. Town Planner Dustin Millsaps stated the a final letter will be issued. Town Planner Dustin Millsaps stated that he went by the property on March 8, 2022 and nothing has changed; Gary Hicks, 2520 Sigmon Dr, Rubbish. Town Planner Dustin Millsaps stated that on November 23, 2021, a NOV letter was sent fpr dilapidated amd structures on the property. Town Planner Dustin Millsaps stated that the NOV: letter was returned tot the Town on November 27, 2021. Town Planner Dustin Millsaps stated that he is trying to find different avenues to get the NOV letter to the right person. Town Planner Dustin Millsaps stated that he went by the property on March 8, 2022 and the poerty Linda G. Wartko, 5299 Lakewood Dr., Rubbish. Town Planner Dustin Millsaps stated that on October 29, 2021, he received a complaint for stacks of newspapers and junk piled up around the yard. Town Planner Dustin Millsaps stated that he went by the home and observed numerous debris from the road ini front, on the sides and all around the home and sent a NOV letter out. Town Planner Dustin Millsaps stated that he went to the address on November 9, 2021 and there has been no progress on the issues. Town Planner Dustin Millsaps stated that he went by the property on December 3, 2021,and the problem still persists, ifn not worse, and it sees that the newspapers have been covered with newspapers and leaves. Town Planner Dustin Millsaps stated that as of February 8, 2022 the newspapers have been moved to the back of the house and a pile at the street. Town Planner Dustin Millsaps that a final letter will be issued. 2022, and the property seems to be abandoned; with trash; seems to be abandoned; March 15, 2022 Page 5of8 Town Planner Dustin Millsaps stated that he went by the property on March 8, 2022 Teresa Annas Compton, 4486 Sawmills School Road. Abandoned Mobile Home/Garbage and Rubbish. Town Planner Dustin Millsaps stated he received a complaint on January 13, 2020. Town Planner Dustin Millsaps stated that a NOV letter was sent out on January 23, 2020 with a deadline of February 10, 2020. Town Planner Dustin Millsaps stated that the trailer is not finished and located on the same property as the Compton house that the Town abated in 2018. Town Planner Dustin Millsaps stated that staff will investigate and work with attorney for possible courses of abatement. Town Planner Dustin Millsaps stated that one (1) of Ms. Compton's sons is scheduled to meet with staff in late February to work towards getting the property in his name and get the property cleaned up. Town Planner Dustin Millsaps stated that staff has is waiting for Ms. Compton's son to schedule a time to come in and speak with staff regarding this property. Town Planner Dustin Millsaps stated that he went by the property on September 10, 2020 and the property is still in same condition with extremely high grass and would recommend demolition. Town Planner Dustin Millsaps stated that he has been in contact with Town Attorney Terry Taylor and former Town Planner to get all the evidence for this property. Town Planner Dustin Millsaps stated that on February 19, 2021, the title search process had been started with Town Attorney Terry Taylor. Town Planner Dustin Millsaps stated that on March 11, 2021, there were three (3) heirs found from the title search process and letters had been sent out to all three (3) heirs. Town Planner Dustin Millsaps stated that as of May 11, 2021, fines have started to occur on this property. Town Planner Dustin Millsaps stated that as of. June 10, 2021, all information on this case has been handed over to Town Attorney Terry Taylor to explore all options that are left to close this case. Town Planner Dustin Millsaps stated that as of October 12, 2021 Town Attorney Terry Taylor is still engaged in the legal process of trying to find heirs to the David and Ashley Hoyle, 2465 Granville Dr, Rubbish. Town Planner. Dustin Millsaps stated that on November 23, 2021, a NOV letter was sent. Town Planner Dustin Millsaps stated that as ofI December 3, 2021, it looks like there has been more: rubbish added. Town Planner) Dustin Millsaps stated that on February 8, 2022, there werer more rubbish added, along with a tent that is now located on the property. Town Planner Charles. J.and Candis S. Hagaman, 1910Leah! Dr. #13, Rubbish. Town Planner Dustin Millsaps stated that on October 29, 2021, he received a complaint from Public Works regarding various different properties on Leah Drive, some of which encroach on Town property. Town Planner Dustin Millsaps stated that there was al NOV letter sent out. Town Planner Dustin Millsaps stated that he went by the property on November 9, 2021 and there has been no progress on the issue. Interim Town Planner Alison Adams stated that she spoke to someone on December 15,2021 and wasi informed that they were hauling a trailer load off on December 16, 2021 and the remaining debris will be taken care of shortly. Town Planner Dustin Millsaps stated that as of February and there has been no change; property; Dustin Millsaps stated that a final letter will be issued; March 15, 2022 Page 6 of8 8,2022, the property has not been cleaned. Town Planner Dustin Millsaps stated that Ronald B and Cynthia H Herman, 4126 Shoun Dr. Rubbish. Town Planner Dustin Millsaps stated that he received a complaint and a NOV letter was sent out on September 28, 2021 for many different rubbish items in the yard (lawn mowers, appliances, etc.). Town Planner Dustin Millsaps stated that he went by the property on October 12, 2021 and the problem has started to be addressed, however, not completely. Town Planner Dustin Millsaps stated that he went by the property on November 9, 2021, and it looks that the property is almost completely clean. Town Planner Dustin Millsaps stated that he went by the property on December. 3, 2021, and the tenants seem to have accumulated more rubbish in the yard again. Town Planner Dustin Millsaps stated that as of February 8, 2022, the problem has gotten worse. Town Planner Dustin Millsaps stated that a final letter will be issued; af final letter will be issued; No Council action was required. TOWN MANAGER UPDATES: Town Manager Chase Winebarger had the following updates: Town Manager Chase Winebarger stated that the asbestos inspection was completed on the house on Ardmore Ln. but the results have not come in. Town Manager Chase Winebarger stated that an asbestos test has to be performed before the house can be Town Manager Chase Winebarger stated that he met with the architect at Baird Park and he hopes to have something for Council to look in the coming months. Town Manager Chase Winebarger stated that the Veterans Park project should begin anytime. Town Manager Chase Winebarger stated that there was ai meeting last week and Duke Energy representatives stated that the project should begin within the next Town Manager Chase Winebarger stated that he was contacted by a motorcycle club out of Hickory to use Veterans Park as a stop along a ride for them. Town Manager Chase Winebarger stated that he denied the club usage of Veterans Park but would Rebecca Johnson made a motion, and Melissa Curtis seconded, to give a donation in the amount oft two hundred dollars ($200.00) to the Forsaken Brotherhood. All were Town Manager Chase Winebarger stated that he has spoken with the Recreation Director at Granite Falls regarding free registration fees for Towno of Sawmills Council Town Manager Chase Winebarger stated that customers are not calling in with extra trash pickups and are still putting the extra trash at the road which is still causing a nuisance. Town Manager Chase Winebarger: stated that hei is having public works pick torn down. two (2) weeks, weather permitting. like tol know if Council would like to make donation to the cause. in favor. and Staff children and grandchildren. March 15, 2022 Page 7 of8 upt the extra trash and staffisa adding the extra pickups to the list. Town Manager Chase Winebarger stated that if the customers that do not call in go over their six (6) free pickups, that staff will add the seventy-five ($75.00) charge per pickup after six (6) to Town Manager Chase Winebarger stated that he had been talking to Town Planner Dustin Millsaps regarding the Planning and Zoning Fees that are being charged by the Town. The Town of Sawmills Planning and Zoning fees are very low compared to neighboring municipalities and would like to increase them with the budget. Town Manager Chase Winebarger stated he would have new fees ready for Council to Town Manager Chase Winebarger stated that he would like to know Council's thoughts regarding putting in fuel pumps at the new Public Works building. Town Manger Chase Winebarger stated that the real benefit of putting in fuel pumps is that Public Works would have fuel to be able to continue to work in the event of a fuel shortage. Town Manager Chase Winebarger stated that he would try to get cost Town Manager Chase Winebarger stated that since Covid, the Town has not had any Town sponsored events and would like tol know if Council would like to do the Easter Egg Hunt this year. Council informed Town Manager Chase Winebarger that they would like to have an Easter Egg Hunt. The Easter Hunt will be Thursday, April 14, 2022 at Veterans Park, with signups beginning at 5:30pm and the first egg hunt the customer's bill. modify with the budget. estimates together to discuss with Council at a later date. beginning at 6:00pm. COUNCIL COMMENTS: Rebecca Johnson wanted to thank Jo Ann Miller for coming to the meeting. Joe Wesson wanted everyone to remember Johnnie and the Greene family. Joe Wesson wanted Jo Ann Miller to know that he appreciated everything that she does for the veterans. Joe Wesson told Council he hoped that hopefully they would see each other again. CLOSED SESSION PURSUANT? TO N.C.G.S. 143.318-11(A)0): Mayor Pro Tem Clay Rebecca Johnson made a motion, and Joe Wesson seconded, to goi into closed session pursuant tol N.C.G.S. S 143.318-11(a)3) at approximately 6:38pm. All were in favor. Rebecca. Johnson made a motion, and. Joe Wesson seconded, to come out of closed session at Wilson asked for a motion to go into closed session. approximately 6:44pm. All were in favor. MAYOR SEAT: Town Manager Chase Winebarger stated that with the death of Mayor Johnnie Greene, Council would need to decide if they wanted to fill the empty seat immediately or wait until the next election. March 15, 2022 Page 8of8 Council wanted to table the matter until July 2022. Town Manager Chase Winebarger stated that he had been approached regarding paying Rebecca Johnson made a motion, and Melissa Curtis seconded, to pay a lump sum to Mayor Johnnie Greene during the month of March for the fourth quarter. All were in favor. Town Manger Chase Winebarger stated that any seats that Mayor Johnnie Greene held on committees would need tol be filled. The EDC meetings that MayorJohnnie Greene attended, is also attended by Town Manger Chase Winebarger and Councilwoman Melissa Curtis, and Mayor Johnnie Greene for the remainder oft the 2021/2022 fiscal year. that will stay the same. COUNCIL ADJOURN: Mayor Pro Tem Clay Wilson asked for ai motion to adjourn. Rebecca Johnson made a motion, and Keith Warren seconded, to adjourn the meeting. All were in favor. The meeting was adjourned at approximately 7:01pm. Clay Wilson, Mayor Pro Tem Julie. A. Good, Town Clerk Adopted: Date: Aavth 15,2099 NORTH CAROLINA TOWN OF SAWMILLS RESOLUTION: To Amend Section 50.99 of the Town Code ofOrdinances (Penalty for the That whereas on September 2, 2021 Senate Bill 300 (S.L.-2021-138) was enacted that required changes to That whereas, North Carolina law mandates no ordinance regulating trees may impose a criminal penalty; That whereas, this Resolution is intended to bring the Town of Sawmills Code of Ordinances into compliance with North Carolina law by providing no criminal penalties may be issued for the sections of NOW, THEREFORE, BE IT RESOLVED, that the Sawmills Town Council hereby amend Section 50.99 violation of Solid Waste ordinances) the Town of Sawmills Code of Ordinances; and this ordinance regulating trees. oft the Town of Sawmills Code ofOrdinances as follows: Section. 50.99 PENALTY (A). Penalty not exclusive. (1) The imposition of a penalty under the provisions of this code shall not prevent the revocation or suspension of any license, franchise or permit issued or granted under the provisions oft this code. (2) Ifany violation of this code is designated as a nuisance under the provisions oft this code, the nuisance may be summarily abated by the town in addition to the imposition of a civil monetary penalty of misdemeanor penalty. (B) Liability, for violations by corporations and other associations. (1) Any violation of this code by any officer, agent or other person acting for or employed by any corporation or unincorporated association or organization, while acting within the scope ofl his or her office or employment, shall in every case also be deemed to be a violation by the corporation, association, or organization. (2) Any officer, agent, or other person acting for or employed by any corporation or unincorporated association or organization shall bes subject and liable to punishment as well as the corporation, unincorporated association or organization for the violation by it of any provisions of this code, where the violation was the act or omission, or the result oft the act, omission or order, oft the person. 270071.1 (C) Criminal prosecution. Any person, firm or corporation violating any of the provisions oft this chapter shall be guilty ofa Class 3 misdemeanor pursuant to G.S. $ 14-4(a), and may be fined the than $500. No criminal penalties shall bei issued for acts that violate the sections oft this court more not chapter regulating trees. (D)Civil Penalty. by (1). Upon the determination that any provision of this code is being violated, the Code Enforcement Officer shall provide due notice to the person(s) responsible for the violation, nature oft the violation and ordering the action necessary to correct it. Notice may include written indicating notice the by registered mail to the person(s). The notice shall provide the time period for abatement and shall state the penalties for noncompliance provided in this section. The provisions of this section are pursuant to G.S. $ 160A-175(c) and shall not constitute a misdemeanor infraction to G.S. adopted $ 14-4 by unless the ordinance or code section provides otherwise. pursuant (2) This section is enacted pursuant to G.S. $ 160A-175, and may be enforced appropriate equitable remedies issuing from a court of competent jurisdiction as more stated in G.S. $ 160A-175(d) and (e), incorporated herein by reference and fully set out and as that statute may be subsequently amended. (3) Violation of any provision of this code not corrected as provided division shall subject the offender to a civil penalty in the amount and as set forth in $ 10.99 oft in this code shall (D)(1) in writing, signed by the Code Enforcement Officer, and shall be delivered to the offender either at be her residence, place of business, or at the place where the violation occurred. his or (4) Each day that a violation continues to exist shall constitute a offense without multiple citations being issued. separate and distinct (E) Orders of abatement and injunctive relief In addition to criminal prosecution injunctive reliefi in the General Court ofJustice to compel compliance with this mandatory or prohibitory imposition of civil penalties, the town may seek orders of abatement and/or or the chapter. (F) Continuing Violation. Each and every day ofa continuing violation of chapter shall be deemed to be a separate and distinct violation. any provision of this 270071.1 Adopted this the Syearh 2022. TOWN OFSAWMILLS 1H By: ATTEST: Fr Tem SEAL GAlAnd AAYA35E COU ausd 270071.1 Adopted: Date: MArhSDSA NORTH CAROLINA TOWN OF SAWMILLS RESOLUTION: To Amend Section 113.99 of the Town Code ofOrdinances (Penalty for the That whereas on September 2, 2021 Senate Bill 300 (S.L.-2021-138) was enacted that required changes to That whereas, North Carolina law mandates no ordinance regulating and licensing businesses and trades That whereas, this Resolution is intended to bring the Town of Sawmills Code of Ordinances into compliance with North Carolina law by removing the provision that would enforce regulation of NOW, THEREFORE, BE IT RESOLVED, that the Sawmills Town Council hereby amend Section violation ofordinances regulating Junkyards) the Town of Sawmills Code of Ordinances; may impose a criminal penalty; and junkyards with a criminal penalty. 113.99 ofthe Town of Sawmills Code ofOrdinances as follows: Section. 113.99 PENALTY Any person, firm, or corporation violating any of these provisions of this chapter shall further be subject to the imposition by citation of a civil penalty as set forth in Section 10.99 of the Town of Sawmills Code ofC Ordinances. 270068.1 Adopted this the S'bya Marehn 2022. By: 04) SEASSe SEAL 44.4543 COURHT 4921 Pp - pm ATTEST:. th Gdtd 270068.1 Adopteda. Date: Marth LIba NORTH CAROLINA TOWN OF SAWMILLS RESOLUTION: To Amend Section 153.999 of the' Town Code ofOrdinances (Penalty for the That whereas, on September 2, 2021 Senate Bill 300 (S.L.-2021-138) was enacted that required changes That whereas, North Carolina law mandates no ordinance adopted under N.C. Gen. Stat. 160A-19, That whereas, this Resolution is intended to bring the Town of Sawmills Code of Ordinances into compliance with North Carolina law by removing the provision that would enforce an ordinance adopted NOW, THEREFORE, BE IT RESOLVED, that the Sawmills Town Council hereby amend Section violation ofZoning ordinances) tot the Town of Sawmills Code of Ordinances; Planning Regulation of Development: may impose a criminal penalty. under) N.C. Gen. Stat. 160A-19, Planning Regulation ofl Development. 153.999 ofthe Town of Sawmills Code of Ordinances as follows: Section.153.999 PENALTY. (A) Generally. Any person violating any provision ofthis chapter for which no specific (B) Civilpenalties. Violation of any provision ofthis chapter shall subject the offendert to a civil penalty in the amount of $50, to be recovered by the town in a civil action int the nature of debt ift the offender does not pay the penalty within ap period of721 hours after being cited. Citation shall be in writing, signed by the Zoning Enforcement Officer, and shall be delivered or mailed to the offender either at his or her residence or at his or her place ofbusiness or at the place where EPmHna-peMaiesyer-wolaion-Anypesen,imaerserpertion-whe-violated-the PrewsiemseftsehapershalwpeRsenristiem,leguilyefeminemsameraméshal-be-fimnedmet eslingseerimpisonty-laalydes-imsinesteenisshailke ieeapeinidaaaneyrhntatemesiséwilinseay penalty is prescribed shall be subjectt to S 10.99. the violation occurred. ferihenoiseoflha-vioheviolasiephasbaegihe: Ond-passe-4172912) 270376.1 Adopted this the Syal Marth 2022. TOWNOESAWMY By: flcywlaon Mayor Po Tem ATTEST: Gr Qd BEAL 4 1EA COU 270376.1 Adopted: Date: AArASyADBA NORTH CAROLINA TOWN OFS SAWMILLS RESOLUTION: To Amend Section 152.999 of the' Town Code of Ordinances (Penalty for the That whereas on September 2, 2021 Senate Bill 300(S.L.-2021-138) was enacted that required changes to That whereas, North Carolina law mandates city ordinances may be enforced by a misdemeanor only if That whereas, this Resolution is intended to bring the Town of Sawmills Code of Ordinances into compliance with North Carolina law by providing an express explanatory statement in each code section NOW, THEREFORE, BE IT RESOLVED, that the Sawmills Town Council hereby amend Section violation ofLand Usage ordinances) the' Town of Sawmills Code ofOrdinances; the city specifies such int the ordinances; and enforceable by ar misdemeanor. 152.999 oft the Town of Sawmills Code of Ordinances as follows: Section. 152.999 PENALTY. (A) Generally. Any person violating any provision of this chapter for which no specific (B) Has---"a-giwuiahaNe penalty is prescribed shall be subject to $ 10.99. aRGS-RASK (Ord. $110,passed 1-26-2007) Add text: Civilpenalties. Violation of any provision ofthis chapter shall subject the offender to acivil penalty in the amount of $50. to be recovered by the town in acivil action int the nature of debti ifthe offender does not pay the penaltywithin aperiod of 721 hours after being cited. Citation shall be in writing, signed by the Zoning Enforcement Officer, and shall be delivered or mailed to the offender either at! his or her residence or at his or her place ofbusiness or at the place where the violation occurred. 270036.1 Adopted this the sya Marcio 2022. TOWN OFSAWABLIS WE By:. awMayor P7 Tm ATTEST: Town JuYS, SEAL IPGB Aind COU 270036.1 Adopted: Date: Marths,DA NORTH CAROLINA TOWN OF SAWMIILLS RESOLUTION: To Amend Section 154.19 oft the' Town Code of Ordinances (Penalties forl Land That whereas on September 2, 2021 Senate Bill 300(S.L.-2021-138) was enacted that required changes to That whereas, North Carolina law mandates city ordinances may be enforced by a misdemeanor only if That whereas, this Resolution is intended to bring the Town of Sawmills Code of Ordinances into compliance with North Carolina law by providing an express explanatory statement in each code section NOW, THEREFORE, BE IT RESOLVED, that the Sawmills Town Council hereby amend Section Section. 154.19 DWELLINGS NOT IN COMPLIANCE BUT NOT UNFIT FOR HUMAN Usage: Dwellings not in compliance but not unfit for human habitation) the' Town of Sawmills Code ofOrdinances; the city specifies such in the ordinances; and enforceable by a misdemeanor. 154.19 oft the Town of Sawmills Code of Ordinances as follows: HABITATION (A)In any case where thel Housing Inspector determines that a dwelling fails to fully comply with one or more but less than seven of the enumerated standards of dwelling fitness set forth in SS 154.30 through 154.39, the dwelling shall not be found to be unfit for human habitation and shall not be subject to the procedures and remedies as provided for in this chapter for dwellings unfit for human habitation. Each such failure of noncompliance, however, shall constitute a violation of the terms oft this chapter and shall subject the violator to the penalties and enforcement procedures, civil or criminal, or both. Aj person, firm, or corporation subject to criminal enforcement for violating the provisions of this chapter shall, upon conviction, be guilty ofar misdemeanor and shall be fined not exceeding $50 and imprisoned not 30 days. (B) In making the determination as described in this section, the Housing Inspector shall not be required to make notice and hold the hearing as called fori in $ 154.17, but the Housing Inspector may do SO if the determination oft the severity and classification of dwelling fitness is not clear to the Housing Inspector upon preliminary investigation. 270024.1 Adopted this the Syari Marlh 2022. TOWN By: Mayor wlgm Prjom ATTEST: SEAL ARY1,330A COUNT as Saled 270024.1 Adopted: Date: MrhI5DS NORTH CAROLINA TOWN OF SAWMILLS RESOLUTION: To Amend Section 154.54 of the' Town Code ofC Ordinances (Alternative Remedies That whereas on September 2, 2021 Senate Bill: 300 (S.L.-2021-138) was enacted that required changes to That whereas, North Carolina law mandates city ordinances may be enforced by a misdemeanor only if That whereas, this Resolution is intended to bring the Town of Sawmills Code of Ordinances into compliance with North Carolina law by providing an express explanatory statement in each code section NOW, THEREFORE, BE IT RESOLVED, that the Sawmills Town Council hereby amend Section forLand Usage: Minimum Housing Standards) the Town of Sawmills Code of Ordinances; the city specifies such in the ordinances; and enforceable by a misdemeanor. 154.54 oft the Town of Sawmills Code of Ordinances as follows: Section. 154.54 ALTERNATIVEI REMEDIES (A) Nothing in this chapter nor any ofi its provisions shall be construed to impair or limit in any way the power of the town to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise nor shall enforcement of one remedy provided herein prevent the enforcement of any other remedy or remedies provided herein or in other ordinances or laws. In addition to the remedies provided herein, any violation of the terms of this chapter shall subject the violator to the penalties and remedies, either criminal or civil or both, as set forth in the penalty section of this code of the town. (see $ 10.99). Aj person, firm, or corporation subject to criminal enforcement for violating the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be fined not exceeding $50 and imprisoned not 30 days. (B) No dwelling shall be hereafter erected, altered, moved or changed in occupancy without a certificate of occupancy. In any case where the Housing Inspector, after notice and hearing as required herein, finds that a dwelling or dwelling unit is unfit for human habitation, he or she shall withhold issuance of a certificate of occupancy for the dwelling or dwelling unit until the time that he or she determines that it is fit for human habitation. In addition, in any case where the Housing Inspector, after preliminary investigation as provided for herein, concludes, based upon that investigation, that a dwelling or dwelling unit is unfit for human habitation and believes that the occupancy of the or dwelling unit could cause imminent peril to life or property from fire or other hazards, he or she shall withhold issuance ofa certificate of occupancy for the dwelling or dwelling unit until the time that he or she determines that itisf fit for human habitation. 270036.1 (C) If any dwelling is erected, constructed, altered, repaired, converted, maintained or used in violation of this chapter or of any valid order or decision of the Housing Inspector or Board made pursuant to any ordinance or code adopted under authority of this chapter, the Housing Inspector may institute any appropriate action or proceedings to prevent the unlawful erection, construction, reconstruction, alteration or occupancy, to restrain, correct or abate the violation, to prevent the occupancy of the dwellings, or to prevent any illegal act, conduct or use in or about the premises oft the dwelling. 270036.1 Adopted this the ISaye Warth 2022. TOWN OF SAWMILIS E Arlem -By: Clay W.o1Mayor ATTEST: SEAL RAYL IAE Gsaiid 270036.1 APRIL 5,2022 MINUTES OF TOWN COUNCIL BUDGET WORKSHOP 5:00 P.M. COUNCIL PRESENT Clay Wilson, Mayor Pro Tem Rebecca Johnson Melissa Curtis Joe Wesson STAFF PRESENT Chase Winebarger Julie A Good Terry Taylor Karen Clontz Ashley Presnell CALL TO ORDER: Mayor Pro Tem Clay Wilson called the meeting to order at approximately 5:02pm. INVOCATION: Councilman Joe Wesson gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Clay Wilson led the Pledge of Allegiance. ADOPT AMENDED AGENDA: Mayor Pro Tem Clay Wilson asked for a motion to adopt the April 5, 2022 Budget Workshop Agenda with the following amendments: add 5A. Construction Budget Amendment, 8A. Coaches Background Check Policy and Melissa Curtis made a motion, and Joe Wesson seconded, to adopt the Amended April 5, Closed Sedssion: N.C.G.S. $ 143-318.11(a)0). 2022 Budget Workshop Agenda. All were in favor. FINANCIAL UPDATE/ARPA: CONSTRUCTION BUDGET AMENDMENT: Mayor Pro Tem Clay Wilson stated that done for the purpose of renovations and repairs to Public Works new office building and Parks and Recreation concessions stands (2) at] Baird Park a budget amendment in the amount of two hundred thousand dollars ($200,000.00) will need to be approved. Rebecca Johnson made a motion, and Melissa Curtis seconded, to approve the budget amendment in the amount oft two hundred thousand dollars ($200,000.00) for the purpose of renovations and repairs to Public Works new office building and Parks and Recreation concessions stands (2) at Baird Park. All were in favor. ARPA BUDGET ORDINANCE: Finance Officer Karen Clontz stated that an order to recognize the acceptance of the American Rescue Plan Act of 2021: Coronavirus State and Local Fiscal Recovery Funds that Council would need to approve a budget amendment in the amount of one million six hundred fifty-three thousand seven hundred twenty-one dollars and four cent ($1,653,721.04). to place the monies in the Special Rebecca Johnson made a motion, and Melissa Curtis seconded, to approve the budget amendment in the amount of one million six hundred fifty-three thousand seven hundred twenty-one dollars and four cents ($1,653,721.04) for the acceptance of the American Rescue Plan Act of 2021: Coronavirus State and Local Fiscal Recovery Funds and place Revenue Fund. the monies in the Special Revenue Fund. All were in favor. ARPA GRANT PROJECT ORDINANCE: Finance Officer Karen Clontz stated that Council would need to establish a grant project ordinance with a budget of one million six hundred fifty-three thousand seven hundred twenty-one dollars and four cents ($1,653,721.04) for a project to be funded by the Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319. American Rescue Plan Act of 2021 (CSLFRF). Rebecca Johnson made a motion, and Melissa Curtis seconded, to approve the grant project ordinance with a budget one million six hundred fifty-three thousand seven hundred twenty-one dollars and four cents ($1,653,721.04) for a project to be funded by the Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (CSLFRF). All were in favor. POLICY-UNIFORMI GUIDANCE ALLOWABLE COSTS: Finance Officer Karen Clontz stated that with the acceptance of the Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (CSLFRF) Council must adopt and enact the attached US Cost Principles Policy for the expenditure of the Rebecca Johnson made a motion, and Joe Wesson seconded, to approve the Policy- ARP/CSLFRF funds. Uniform Guidance Allowable Costs attached hereto. All were in favor. NON DISCRIMINATION POLICY: Finance Officer Karen Clontz stated that with the acceptance of the Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (CSLFRF) that the attached Non-Discrimination Rebecca Johnson made a motion, Joe Wesson seconded, to approve the Non Policy would need to approved. Discrimination Policy attached hereto. All were in favor. ARPA PREMIUM PAY POLICY: Finance Officer Karen Clontz stated that with the acceptance of the Coronavirus State and Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (CSLFRF) that an eligible expenditure of these funds includes the allowance of "Premium Pay" to eligible employees who perform essential work during the COVID-19 pandemic. The Town has designated aj portion of the funding received from the ARPA towards a one-time premium payment to eligible employees. Rebecca Johnson made a motion, and Melissa Curtis seconded, to approve the ARPA Premium Pay Policy. All were in favor. FINANCIAL UPDATE: Finance Officer Karen Clontz gave an update on the year to date Fiscal Year 2021-2022 budget. No Council action was required. ITEMS FOR DISCUSSION: Town Manager Chase Winebarger discussed the budget needs for the Fiscal Year 2022/2023. Town Manager Chase Winebarger shared the he had a draft map for phase one for the 4077 Baird Drive property. Town Manager Chase Winebarger stated that there is al Part Fg grant that the Town is applying for. Town Manager Chase Winebarger stated that the Part F grant is a matching grant that caps out at five hundred thousand dollars ($500,000.00). Town Manager Chase Winebarger stated that he would like for Council to discuss how much that they would like toj put on the Part F grant for consideration ofthe match. Town Manager Chase Winebarger stated that there was four hundred thousand dollars ($400,000.00) allocated to the Veteran's Parking Lot account that can go toward phase one since the parking lot no longer has to bel built. Council gave Town Manager Chase Winebarger permission to add an additional five hundred thousand dollars ($500,000.00) to the four hundred thousand dollars ($400,000.00) for a total of nine hundred thousand dollars ($900,000.00) to put on the Part F grant for consideration. COACHES BACKGROUND CHECK POLICY: Town Manager Chase Winebarger stated that staff would like to modify the Town of Sawmills Coaches Background Check Policy to include the following statement: The Town of Sawmills will make every possible attempt to consider each case individually when an issue arises and exceptions to this policy are extremely rare. Additionally, exceptions may only be approved by the Town Rebecca Johnson made a motion, and Joe Wesson seconded, to modify the Town of Sawmills Coaches Background Check Policy to include the following statement: The Town of Sawmills will make every, possible attempt to consider each case individually when an issue arises and exceptions to this policy are extremely rare. Additionally, exceptions may only be approved by the Town Manager. All were in favor. Manager. CLOSED SESSION PURSUANT TO N.C.G.S. $143.318-11(A)0): Mayor Pro Tem Rebecca Johnson made ai motion, and Melissa Curtis seconded, to go into closed session pursuant to N.C.G.S. $ 143.318-11(a)(3) at approximately 5:53pm. All were in favor. Rebecca Johnson made ai motion, and Melissa Curtis seconded seconded, to come out of Clay Wilson asked for a motion to go into closed session. closed session at approximately 6:00pm. All were in favor. COUNCIL ADJOURN: Mayor Pro Tem Clay Wilson asked for ai motion to adjourn. Rebecca Johnson made a motion, and Melissa Curtis seconded, to adjourn the meeting at approximately 6:06pm. All were in favor. Clay Wilson, Mayor Pro Tem Julie A Good, Town Clerk AGENDA ITEM 7A MEMO DATE: SUBJECT: April 19, 2022 Recognition: Recycle Rewards Program Discussion: The Town of Sawmills would like to congratulate Rebecca Clark on winning the Recycle Rewards Program for the month of April. She will be presented with a Certificate of Appreciation. A thirty-two dollar ($32.00) credit will be added to the current sanitation bill. Recommendation: No Council action is required. AGENDA ITEM 8A MEMO DATE: SUBJECT: April 19, 2022 Financial Matters: Approve Proposed Contract Renewal with Western Piedmont Council of Governments Discussion: The current contract with the Western Piedmont Council of Governments (WPCOG) for planning services will expire on June 30, 2022 and will need to be renewed. If renewed, the enclosed The amount oft the contract will not exceed fifty-three thousand ninety-eight dollars ($53,098.00) and will bel billed in quarterly payments. This expenditure is included ini the FY2022-2023 budget. contract will be effective starting July 1, 2022 and ending June 30, 2024. Recommendation: Staffrecommends: Council discuss this matter and decide how they wish toj proceed. AGREEMENT BETWEENTHE THE TOWN OF SAWMILLS FOR THE PROVISION OF TECHNICAL PLANNING ASSISTANCE: JULY1 1, 2022-, JUNE 30, 2024 WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND This AGREEMENT, entered into on this the first day of July, 2022, by and between the Western Piedmont Council ofGovernments (hereinafter referred to as the "Planning Agency")and the Town of Sawmills, North Carolina (hereinafter referred to as the "Local Government"); WITNESSETHTHAT: WHEREAS, the Planning Agency is empowered to provide technical assistance by the North Carolina General Statutes and by resolution passed by the Planning Agency on April 17, 1972. Technical assistance shall consist of the provision of services as described in Attachment A, which is herein made a part ofthis Contract; technical assistance to the Local Government and; WHEREAS, the Local Government has requested the Planning Agency to provide such WHEREAS, the Planning Agency desires to cooperate with thel Local Government in every way possible to the end that the proposed activities are carried out in an efficient and professional manner; NOW,THEREFORE, the parties hereto do mutually agree as follows: 1. 2. Personnel. That during the period of this Contract, the Planning Agency will furnish the necessary trained personnel to the Local Government. Travel/Printing. The Local Government will pay for expenses related to conferences, conventions, seminars, local travel, etc. of the personnel when the Local Government requests or approves travel related to the Local Government's planning program, or ifit is beneficial to both parties, the costs will be shared on The Local Government will also pay for expenses related to printing of report(s), mailings to advisory boards, and other costs not related to normal travel and staffing costs associated with personnel furnished by the Planning Agency. Compensation. That for the purpose of providing the funds for carrying out this Contract, the Local Government will pay the Planning Agency a fee not to exceed $53,098 (Fifty-three thousand and ninety-eight dollars) )during the period beginning July 1, 2022 and ending June 30, 2024. These fees will be billed in quarterly an agreed-upon ratio. 3. payments. TP-0000266-06-23 Page 20 of3 4. TemnatomModfisations The Local Government may terminate the Contract by giving the Planning Agency a thirty-day written notice. Furthermore, ift there is aneed to amend the proposal outlined in Attachment A, either party may do SO with Time ofPerformance. Thel Planning Agency shall ensure that all services required herein shall be completed and all required reports, maps, and documents submitted during the period beginning July 1,2022 and ending June 30, 2024. Interest of Members, Officers, or Employees of the Planning Agency, Members of the Local Government, or Other Public Officials. No member, officer, or employee of the Planning Agency or its agents; no member of the governing body ofthel locality in which the program is situated; and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any financial interest, either direct ori indirect, in any contract or subcontract, or the proceeds thereof, for work to bej performed in connection with the program assisted under this Agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The Planning Agency shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, aj provision prohibiting such interest pursuant Nondiscrimination Clause. No person in the United States shall on the grounds ofr race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination with any program or activity funded in whole ori inj part with funds available under the Housing and Community Age Discrimination Acto of1975, as amended. No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which Section 504, Rehabilitation Act of 1973, as amended. No qualified handicapped person shall, on the basis ofh handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from federal financial assistance. the written consent ofthe other. 5. 6. to the purpose oft this section. 7. Development Act of1974, Section 109. 8. receives or benefits from federal financial assistance. 9. TP-0000266-06-23 Page 3 of3 IN WITNESS WHEREOF, the Planning Agency and the Local Government have executed this Agreement as oft the date first above written. LOCAL GOVERNMENT: TOWN OF SAWMILLS PLANNING AGENCY: WESTERN PIEDMONT COUNCIL OF GOV'TS. By: By: Mayor Pro Tem Executive Director PLANNING AGENCY: By: By: Town Manager Chair Pre-audit statement: This instrument has been preaudited in the manner prescribed by the Local Government Budget and Fiscal Control Act. By: Local Government Finance Officer TP-0000266-06-23 ATTACHMENT A TOWN OF SAWMILLS TECHNICAL PLANNING ASSISTANCE: AUY1,m2-JINE3A2M.4 WORK PROGRAMIBUDGET The following work program and budget are presented as descriptive of the work and dollar amounts called for in the agreement concerning planning activities by the Western Piedmont Council of Governments for the Town of Sawmills. The product(s) oft the planningactivities: shall be: WORK PROGRAM 1. Zoning and Subdivision Code Management Technical assistance will be provided one day per week. Technical assistance will be provided in the administration of the Town's Zoning Ordinance and Subdivision Regulations. Technical planning advice and opinions will also be provided to the Town Council, Town Manager, Planning Board and Board of Assistance to the public in interpretation of permitting and amendment regulations will be Adjustment. provided as directed by the Town Manager. 2. Other Duties as Directed by Town Manager or Town Council Iti is understood that priority changes and/or substitutions may be made by the Town Manager or Town Council as needed in other planning-related topics, not to exceed the dollar/time/travel amount ofthis contract. BUDGET The contract budget, including all salaries, fringe benefits, travel expenses and indirect costs, totals $53,098 (Fifty-three thousand and ninety-eight dollars) during the period beginning July 1, 2022 and ending June 30, 2024. These fees will be billed in quarterly payments. TP-0000266-06-23 AGENDA ITEM 8B MEMO DATE: SUBJECT: April 19,2022 Financial Matters: Approve Proposed Contract with Western Piedmont Council of Governments For Public Utility GIS Maintenance Services Discussion: Attached with to this memo is a contract from the Western Piedmont Council ofGovernments for the Provision of Public Utility GIS Maintenance. The enclosed contract will be effective starting The amount of the contract will not exceed nine thousand nine hundred forty-eight dollars ($9,948.00) and will be billed in quarterly payments. This expenditure isi included in the FY2022- July 1, 2022 and ending June 30, 2024. 2023 budget. Recommendation: Staff frecommends Council discuss this matter and decide how they wish to proceed. AGREEMENT BETWEEN THE THE TOWN OF SAWMILLS FOR THE PROVISION OF GIS MAINTENANCE SERVICES: JULY1,2022-JUNE 30, 2024 WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND This AGREEMENT, entered into on this the first day of July, 2022, by and between the Western Piedmont Council ofGovernments (hereinafter referred to as the "Planning Agency")and the Town of Sawmills, North Carolina (hereinafter referred to as the "Local Government"); WITNESSETHTHAT: WHEREAS, the Planning Agency is empowered to provide technical assistance by the North Carolina General Statutes and by resolution passed by the Planning Agency on April 17, 1972. Technical assistance shall consist of the provision of services as described in Attachment A, which is herein made aj part of this Contract; technical assistance to the Local Government and; WHEREAS, the Local Government has requested the Planning Agency to provide such WHEREAS, the Planning Agency desires to cooperate with the Local Government inevery way possible to the end that the proposed activities are carried out in an efficient and professional manner; NOW, THEREFORE, the parties hereto do mutually agree as follows: 1. 2. Personnel. That during the period of this Contract, the Planning Agency will furnish the necessary trained personnel to the Local Government. Travel/Printing. The Local Government will pay for expenses related to conferences, conventions, seminars, local travel, etc. of the personnel when the Local Government requests or approves travel related to the Local Government's planning program, or ifit is beneficial to both parties, the costs will be shared on The Local Government will also pay for expenses related to printing of report(s), mailings to advisory boards, and other costs not related to normal travel and staffing costs associated with personnel furnished by the Planning Agency. Compensation. That for the purpose of providing the funds for carrying out this Contract, the Local Government will pay the Planning Agency a fee not to exceed $9,948 (Nine thousand nine hundred forty-eight dollars) during the period beginning July 1, 2022 and ending June 30, 2024. These fees will be billed an agreed-upon ratio. 3. quarterly. GW-0600635-05-23 4. Termination/Modifications. The Local Government may terminate the Contract by giving the Planning Agency a thirty-day written notice. Furthermore, ift there is aneed to amend the proposal outlined in Attachment A, either party may do sO with Time ofl Performance. The Planning Agency shall ensure that all services required herein shall be completed and all required reports, maps, and documents submitted during the period beginning July 1, 2022 and ending June 30, 2024. Interest of Members, Officers, or Employees of the Planning Agency, Members of the Local Government, or Other Public Officials. No member, officer, or employee of the Planning Agency or its agents; no member of the governing body ofthel locality in which the program is situated; and no other public official ofs such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter, shall have any financial interest, either direct or indirect, in any contract or subcontract, or the proceeds thereof, for work to be performed in connection with the program assisted under this Agreement. Immediate family members of said members, officers, employees, and officials are similarly barred from having any financial interest in the program. The Planning Agency shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest pursuant Nondiserimination Clause. No person in the United States shall on the grounds of race, color, national origin, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination with any program or activity funded in whole ori inj part with funds available under the Housing and Community Age Discrimination Act of 1975, as amended. No qualified person shall on the basis of age be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which Section 504, Rehabilitation Act of1973, as amended. No qualified handicapped person shall, on the basis of handicap be excluded from participation in, be denied the benefits of, or otherwise be subjected to discrimination under any program or activity which receives or benefits from federal financial assistance. the written consent of the other. 5. 6. tot the purpose of this section. 7. Development Act of1974, Section 109. 8. receives or benefits from federal financial assistance. 9. GW-0600635-05-23 IN WITNESS WHEREOF, the Planning Agency and the Local Government have executed this Agreement as of the date first above written. LOCAL GOVERNMENT: TOWN OF SAWMILLS PLANNING AGENCY: WESTERN PIEDMONT COUNCIL OF GOV'TS. By: By: Mayor Pro Tem Executive Director PLANNING AGENCY: By: By: Town Manager Chair Pre-audit statement: This instrument has been preaudited in the manner prescribed by the Local Government Budget and Fiscal Control Act. By: Local Government Finance Officer GM-0600635-05-23 ATTACHMENT, A TOWN OF SAWMILLS GIS MAINTENANCE SERVICES: JULY1,2022-JUNE: 30, 2024 WORK PROGRAMBUDGET The following work program and budget are presented as descriptive of the work and dollar amounts called fori int the agreement concerning Public Utilities GISI Maintenance Service activities by the Western Piedmont Council of Governments for the Town of Sawmills. The product(s) of the planning activities shall be: L.WORK PROGRAMISCOPE OF SERVICES The general scope of services called for in this work program require the Planning Agency, on the behalf ofthe Local Government, toj provide professional staff time to maintain the Local Government's GIS database for its utilities. The data can be accessed on the internet via ArcGIS Online, and allows multiple authorized users to view and edit data simultaneously, either on a computer or mobile device. As local government staff continues to grow accustomed to the GIS platform, the Planning Agency will consult with them in order to improve and adjust ArcGIS Online applications and make them easier to use. IL.DESCRIPTION: OF SERVICES PROVIDED Planning Agency to the Local Government. The following activities are descriptive of, but not limited to, the services to be provided by the GISI Maintenance The Planning Agency will maintain the utilities GIS database for the Local The Planning Agency will ensure that the GIS data remains accessible to authorized Local Government personnel. This GIS allows access and editing of water, sewer and stormwater, sign and digitized as-built data in the field using an internet-connected mobile device. This will be done by using ArcGIS Online The Planning Agency will support, archive and back up the Local Government's The Planning Agency will work with requests from Local Government staff to make the existing applications increasingly user-friendly and modify applications for The Planning Agency will provide oversight to the use ofGIS by Town personnel. A sample of GIS edits and added features will be reviewed for completeness and proper use oft the GIS. Based on this review, Planning Agency staff will meet Government. and Collector for ArcGIS. online work-order system. this purpose. GW-0600635-05-23 with Town stafft toj provide updated training, and the GIS system may be adjusted Planning Agency staff will be able to visit the Local Government up to seven (7) times to provide on-site assistance with working with the applications. fori improved workflow. III. OPERATIONS, RESOURCES AND SUPPORT RESPONSIBILITIES A. AI Planning Agency GIS Analyst will provide services in oversight and performance oftasks required in this contract for services. The Analyst will primarily perform the required duties from the physical location of the Planning Agency and occasionally Local Government offices. The Project GIS Analyst will be assisted in various facets of the contract by other GIS staff from the Planning Agency office. B. The Local Government will be responsible for assisting the Planning Agency in maintaining the necessary Esri GIS licenses for both Local Government and Planning C.P Planning Agency staff are covered by workers compensation insurance in accordance to State Statutes. A limited amount of other insurance is provided by the Planning Agency via relationship with the League of Municipalities. The Planning Agency does not provide automobiles or auto insurance to employees. All Planning Agency staff are required tol have a valid driver's license, insurance and a vehicle that can be D. The Planning Agency will ensure that all GIS data and applications are compatible with current iOS-enabled tablets and smartphones, as well as Apple PCs. This will primarily be achieved via ArcGIS Online, Collector for ArcGIS, ArcServer and E. Thel Local Government will be responsible for purchasing and managing its own subscriptions to Esri's ArcGIS Online service. Dollars for this requirement are not Agency use: in fulfilling the requirements oft this contract. used for Agency purposes. associated technologies. included in this contract. IV. COMPENSATION That for the purpose of providing the funds for carrying out this Contract, the Local Government will pay the Planning Agency a fee not to exceed $9,948 (Nine thousand nine hundred forty-eight dollars) during the period beginningluly1,2022 and ending June 30, 2024. These fees will be billed quarterly. GW-0600635-05-23 AGENDA ITEM 8C MEMO DATE: SUBJECT: April 19, 2022 Financial Matters: Resolution Approving the Revised Town of Sawmills Comprehensive Parks and Recreation Plan and the Site- Specific Master Plan for Sawmills Municipal Park Expansion Discussion: Town of Sawmills Parks and Recreation Comprehensive Plan needs to be revised to include the newly purchased acreage. With the revision to the Town of Sawmills Parks and Recreation Comprehensive Plan, staff would also like to add the revised Site-Specific Master Plan for the Iti is in the best interest of the Town of Sawmills to adopt the attached draft Resolution Approving the Revised Town of Sawmills Comprehensive Parks and Recreation Plan and the Municipal Park Expansion. Site-Specific Master Plan for Sawmills Municipal Park Expansion. Recommendation: Staffi recommends Council adopt the Resolution as drafted. RESOLUTION NO. ARESOLUTION. ADOPTING THE REVISED TOWN OF SAWMILLS COMPREHENSIVE PARKS AND RECREATION PLAN AND THE SITE-SPECIFIC MASTER PLAN FOR SAWMILLS MUNICIPAL PARK EXPANSION WHEREAS, the Town of Sawmills has partnered with the Western Piedmont Council of Governments to create a Comprehensive Parks and Recreation Plan designed to reflect the needs and desires oft the Town and ofits citizens as related to future parks and recreation planning within the town limits; and within the adopted plans; and WHEREAS, funding partners have recommended additional information to include WHEREAS, the result ofthose discussions is the revised "Town of Sawmills Comprehensive Parks and Recreation Plan" presented to the Council this date for review, a copy of which shall be on permanent file in the Sawmills Town Hall; and WHEREAS, the revised Site-Specific Master Plan for Sawmills Municipal Park Expansion is included as Appendix A oft the Town of Sawmills Comprehensive Parks and Recreation Plan; NOW, THEREFORE, be it hereby resolved by the Town Council for the Town of Sawmills, North Carolina, that the "Town of Sawmills Comprehensive Parks and Recreation Plan" and the "Site Specific Master Plan for Sawmills Municipal Park Expansion", as presented, are hereby adopted and that the Town Council hereby expresses its intent that such document be used henceforth as ai reference in the creation ofall ordinances, rules, and regulations to the extent they each may impact the parks and recreation facilities for the Town of Sawmills. READ, APPROVED, AND ADOPTED this 19th day of April, 2022. Clay Wilson, Mayor Pro-Tem Town of Sawmills ATTEST: Julie Good, Town Clerk Town of Sawmills Appendix A Site Specific Master Plan for Sawmills Municipal Park Expansion Section Overview Description Purpose Topography Hydrology Soils Plant Habitats/Vegetation Recommendations Site Specific Master Plan for Sawmills Municipal Park Expansion Park Discussion Description Sawmills Municipal Park Expansion Site, further known as SMP, is located 0.22 miles down Baird Drive, offofN Mission Roadi in Sawmills, North Carolina. Thep property is nearly 48 acres, and all oft the landi is currently undeveloped: aside from gravel access roads and al I-acre pond located ont the property. SMP can be accessed from Baird Drive, less than 1.101 miles from US Highway 321 or directly from US Highway 321-A. Thep park iss surrounded by single-family residential development, forested land, andt the pre-existing Sawmills Municipal Park located directly across the street onl Baird Drive. 5e sigss Exhibit 1. Location of Sawmills Municipal Park Expansion. site in Sawmills, NC. Google Maps, The Town of Sawmills recently acquired the property from al Town of Sawmills resident. The property was purchased to begin the expansion of Parks and Recreation opportunities within 2022. the Town of Sawmills. Purpose The purpose oft the SMP expansion ist to continue serving the populations of Sawmills and surrounding communities with quality facilities for recreation. Ther recommendations for park development are largely aimed atp providing facilities and amenities that the Town of Sawmills does not currently have. All recreation elements have been proposed to complement the existing uses oft the park. Site Analysis Topography SMPi isl located in an area ofr rolling terrain. Thep park itselfs slopes, somewhat: steeply, from the top of the property close tol Baird Drivet to the 1-acre pond located in the center oft the property. Thel highest point is approximately 1,225 feet at the top oft the property closet tol Baird Drive, and the lowest point is 1,1501 feet where the pond flows. The topography oft this property does not pose very many issues inr regards tos site development and future facilities. Exhibit 2. Topography ofs Sawmills Municipal Park Expansion Site, Sawmills, NC. Caldwell County GIS, 2018. Hydrology Ther major hydrological unit in the park is Gunpowder Creek which flows northt tos south from Lenoir and ultimately intol Lakel Hickory. Optimist Parki is noti inac designated watershed protection area andi ist therefore not restricted bys stringent development codes. A majority oft the park lies within the 100-year floodz zone (AEz zone), which may affect the development ofr new structures. However, the existing built-upon area and all proposed new development isl located outside oft this floodz zone. The regulatory map! belows shows the floodway (blue hatched area) along the northeastern edge oft the ball fields. This could be misleading, as the creek flows below as significant drop-off and typically does not rise that high. Floodway AE 100 Year x 0.2% Annual Exhibit. 3. Flood: zones at Optimist Park in Hudson, NC. FEMA Flood Map. 2018. There are no othert tributaries or creeks on the park property. There are numerous drainage dipst that could carry water during al heavy rainfall event. Additionally, the stadium seating andt thel ball fields tend tol hold water rather than draining downi into the creek. In ordert to be maintainable, existing drainage issues should ber resolved and hydrology should be considered fora any new construction. Any planned additions to trails should incorporate features such as water bars to prevent trail erosion. Soils Ass showni int the exhibit below, the majority ofthe Optimist Park property is composed of awell-drained urban lands soil complex (UeC), asi ith has been developed for several decades. The northern boundary along Gunpowder Creeki isa a well-drained course-loamy soilt thatr may occasionally flood. The entire site is suitable forr recreational development with some limitations regarding dustiness. The soils in and around the Park include: DoA Dan River and Comus soils, Oto 4 percent slopes, occasionally flooded FaC2 Fairview sandy clay loam, 8t to 15 percent slopes, moderately eroded FaD2 Fairview sandy clay loam, 15t to 25 percent slopes, moderately eroded FeB Fairview-Urban land complex, 2t to 8 percent slopes, moderately eroded FeC2 Fairview-Urban land complex, 8t to 15 percent slopes, moderately eroded. UeC Udorthents-Urban land complex, Oto 15 percent slopes 063 Fab2 Exhibit 4. Optimist Parks soils, USDA Web Soil Survey, 2018. Plant Habitats/Vegetation Ther majority oft the property'sa acreage ist maintained as grass. Around the center oft the property lies some mixed-deciduous: forest and low-lying vegetation surrounding the pond. There have been no reported records of any state or federally protected plant species on thep park property_ Recommendations Commented [TG1): Nots surec ofthis,! Iwouldr not believe so butv wouldv wer needt to dive deepa andfi findo out? Ther recommendations for the expansion of SMPI have beeni informed by the preceding analysis, ac detailed engineering report, ande extensive public input (as detailedi in the Town of Sawmills Parks andl Recreation Master Plan, 201). Physical needs for the park are broken down into six phases andare displayed with their associated costs on the following pages_ Commented (TG2): Wasn'ts sureit ifthisp partn neededtobe kept or not? PARTF Phase Grading Site development 0.8-mile Paved Walking Trail around property Permanent Cornhole Court Building for Restrooms, Concessions Grading for Multi-Purpose Field Amphitheater Parking Lot Handicap Parking Lota at! Pond Future Phase Recreation Center. Clover complex of4b baseballsoftball fields Press box, restrooms, concessions for baseball/softball: fields Lighting for baseballsoftbal! fields Lighting for multi-purpose field Picnic Shelters Storage building Batting cages Small fishing pier Additional restrooms building along walking trails New Town) Hall will be adjacent to this propertyl Commented [TG3): Wast thist thea appropriatep placet top put this? AGENDA ITEM 8D MEMO DATE: SUBJECT: April 19,2022 Financial Matters: Request for a Donation To Lenoir Caldwell County Crime Stoppers Discussion: The Town has received a request from Lenoir Caldwell County Crime Stoppers for a donation in the amount of $300.00 (three hundred dollars). There are sufficient funds in the budget for this request. Recommendation: Staff recommends Council discuss this matter and decide how they wish to proceed. Town of Sawmills Clay Wilson, Mayor Pro Tem Chase Winebarger, Town Manager Phone #:828-758-8300 Funding Request: Name of Organization: Lenoir Caldwell County Crime Stoppers Permanent Address: 1035 West Ave City: Lenoir Contact Name: Lt. Jody Herman State: NC Fed Tax ID#35- 2379365 Zip Code: 28645 Amount Requested: Amount needed for the Project: Project Begin/End Dates: $300 Date Funds Needed: 04/30/2022 Complete description of project: Wrestling event fundraiser for Lenoir Caldwell County Crimestoppers How will thei funds be used? Funds will be used to pay Crime Stoppers callers rewards for information that assist in arresting wanted How will this project benefit the community? Will provide incentive for those who have information about persons, recovery of stolen property, seizure of illegal drugs etc. crimes to call and give the information to law enforcement Official Town Use Only Date application received: Date approved/denied Date check written: 4h4la2 Date presented to Council: Amount approved: 4h9/22 (circle one): Available balance in Governing Body Expense Acct: 1,050.00 Check #: Amount: Thisi instrument has been preauditedi int the manner required by the Local Government Budget and Fiscal Control Act. aenclond AGENDA ITEM 9A MEMO: FROM: DATE: SUBJECT: Chase Winebarger/lown Manager Karen Clontz/Finance Officer 4/19/2022 Financial Matters: Water/Sewer/Sanitation Bad Debt Write Off Discussion: Attached is al list ofaccounts which have gone unpaid for Utility and Sanitation services during the calendar year 2018. The Town does not expect to collect payment. The total amount is approximately Included in this amount are 54 accounts with balances of $50, and above, totaling $6,622.96. These $8,169.56. accounts have been submitted to the NC Debt Setoff Program for collection. As oft this writing, the Town has recovered $7,641.32 from previous years. There are sufficient funds budgeted for this reason. Recommendation: Staff recommends Council approve the bad debt write off amount of $8,169.56 Acct # Name Date Acct Balance 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 370 ANTHONY G WILLIAMS 599 DALE BRYANT 734 MARVIN: LEE CLARK 820 CARL HENDERSON 933 DEBBIE GOINS 1334 OPAL RIVERS 1608 JEREMIAHTAYLOR 1609 RUTH ANDERSON 2264 MARVIN HICKS 3623 JERRY COX 6327 DORIS LI RYDER 6791 RYAN COOPER 7237 CESAR S DOMINGUEZ 7491 STACY DAY 7667 RALPH MEACHUM, II 7673 SHANON F HARBISON 7788 TERESA SHEETS 7834.JEANNIE BURNS 8127 ALICE TOLBERT 8459 CHERYL DIBELLA 8472 ROBERT WILLIAMS 8508 TANYA CELESTE DAVIS 8512 CHRIS CHILDRESS 8537DANIELLE GREENE 8353 SHANTEE WARD 8713 ASHLEY HODGE 8739 AUDREY HUFFMAN 8743 WILLIAM KEITH FOX 8856KYLE CULPEPPER 8859JOHNNY GILL, JR 8963 TASHA HORNE 8965 PAULA RHYNE 8966_APRIL SI LONG 8994 ETHAN AI LAIL 9000 JOHN STALLINGS 9055 AMANDA PERRY 9066 MARGIE MCCORKLE 9074JIMENA CHAVEZ 9109 REBECCA CONLEY 9183 JAMIE KAY RIVAS 9194 RUSSELL BOWEN 9197/KENSEY BLEVINS 9207 MATTHEW NAGLE 9213 VICKY NEWSOM 9230CHARLES FENNER 9254 CAROLYN ETONEY 9256 LUKE. ALEXANDER GROGAN 9261 AUDRIANNA MURPHY 9271 NATHAN DI BRYANT 9273 DEREK WORSHAM 10/8/2018 8/1/2018 1/10/2019 10/31/2018 2/1/2018 5/7/2018 1/10/2019 8/8/2018 10/22/2018 3/8/2018 5/4/2018 12/3/2018 1/29/2019 2/7/2018 3/23/2018 6/21/2018 1/10/2019 9/6/2018 7/23/2018 8/1/2018 9/11/2018 1/3/2019 6/7/2018 4/9/2018 8/13/2018 1/16/2018 6/13/2018 4/10/2018 9/19/2018 7/10/2018 3/8/2018 9/12/2018 3/7/2018 3/8/2018 12/12/2018 8/8/2018 7/3/2018 7/10/2018 8/14/2018 3/23/2018 7/10/2018 10/24/2018 10/8/2018 6/29/2018 5/7/2018 6/7/2018 1/3/2019 3/8/2018 9/12/2018 7/10/2018 $30.06 $72.41 $86.06 $69.20 $26.60 $94.91 $301.70 $77.54 $10.06 $18.06 $44.70 $13.20 $147.62 $51.79 $3.30 $20.85 $17.08 $38.66 $46.75 $18.20 $6.80 $55.20 $72.10 $46.05 $23.26 $10.06 $3.30 $11.93 $10.06 $7.20 $133.61 $146.24 $13.45 $314.29 $51.26 $68.32 $86.20 $7.20 $22.66 $124.95 $150.80 $20.60 $58.98 $60.80 $20.86 $120.46 $22.06 $213.83 $115.77 $73.05 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 9287. JACOB PRIVETTE 9290 DONNA ELLIS 9298 STEFANIE YATES 9304 SHAUNDRIA HORTON 9307 JORDAN: HARGUS 9314 RONNIE COFFEY 9315 TABITHA M BOOZER 9344 LORI BLEVINS 9350 SYDNEE WRIGHT 9362 RICHARD MCFALLS 9363 VERNA HOLLIS 9399 ASHLEY HOOD 9400 ZACKARY HARRIS 9411 JENNIFER FREIMAN 9414 RACHEL MCBRIDE 9422 STEPHANIE OLIVER 9426 CARL HAMLIN 9432 SUZANNE VELAZQUEZ 9434 REBECCA MICHAEL 9444 DESERAW HAYES 9445 BRANDY ISSACS 9448 ASHLEY ELLER 9454 ANGEL FOWLER 9459 ROYCE HALL, II 9464 ALEASHA CLEVELAND 9479 TONA BURCHETTE 9487 DEANNA RUDISILL 9507 ROGAR LI BASS 9515 REX GREEN JR 9520 BREISHA CORPENING 9530 EDDIE: LEDFORD 9531 ALEXIS WATSON 9539 DEVENNA PENLEY 9542 DANIEL WAXLER 9564 JERRY FRAZIER 9580 TMK RESTORATION 9583 CAROLINA LOCUST 9584 PHYLLIS MCKEE 9600CHASITY TAYLOR 9606 BRITTANY PYATTE 9608 JOHN HODGE 9609/STEPHANIE FISHER 9620 ASHLEY BLACKMAN 9621 CALEB TOLBERT 9622 WILLIAM SHANE BARNETT 9642 RACHEL THOMPSON 9664 ELIZABETH TAYLOR 9675 BRENDA HOWELL 9678 KAYLA BROWN 9684 CRYSTAL MOONEY 9686 YVONNE CALDWELL 9695JASON CATHERMAN 6/1/2018 5/3/2018 2/26/2018 7/3/2018 5/16/2018 8/7/2018 11/7/2018 11/7/2018 3/2/2018 8/8/2018 10/18/2018 2/7/2018 2/2/2018 2/28/2018 12/18/2018 3/7/2018 5/7/2018 2/7/2018 10/22/2018 4/10/2018 11/7/2018 5/7/2018 1/10/2019 3/23/2018 3/8/2018 8/27/2018 3/8/2018 7/6/2018 4/10/2018 10/2/2018 5/21/2018 6/19/2018 11/7/2018 10/17/2018 2/7/2018 11/26/2018 11/7/2018 4/30/2018 7/9/2018 2/7/2018 2/7/2018 12/12/2018 9/10/2018 7/10/2018 5/21/2018 8/8/2018 11/1/2018 5/21/2018 11/5/2018 7/10/2018 11/7/2018 10/1/2018 $31.10 $91.16 $87.09 $38.45 $26.40 $25.20 $5.20 $11.50 $87.10 $167.87 $34.93 $12.52 $19.70 $121.78 $10.06 $104.81 $11.93 $129.91 $297.88 $537.66 $252.27 $153.04 $180.86 $38.04 $58.38 $12.32 $50.16 $28.30 $32.41 $30.66 $28.60 $49.75 $9.26 $15.86 $229.30 $60.06 $60.06 $12.20 $3.81 $151.23 $65.06 $29.26 $127.17 $53.05 $47.16 $78.45 $5.35 $3.19 $33.05 $96.11 $64.86 $16.06 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 9709 DEZIA INGRAM 9717 DANNY CRAVEN 9722 ROCKY POWELL 9724 DANYELLLI RIGGINS 9725 ASHLEY GREENE 9731 COURTNEY TI DAY 9744 SHANNON TESTER 9752/STEVIE DOTSON 9771 ASHLEY CLAWSON 9774 MARY NELSON 9778 MARCUS SIMS 9804/KELLY RENEE RUBIO 9832JESKA HOLDEN 9864 SCOTT PITTS 9890 DIANA FRYE 5/2/2018 7/10/2018 7/10/2018 7/10/2018 7/3/2018 6/7/2018 11/7/2018 6/18/2018 10/23/2018 10/8/2018 11/6/2018 11/7/2018 11/7/2018 9/11/2018 10/25/2018. $24.70 $15.80 $104.55 $66.20 $28.30 $38.04 $97.15 $12.20 $62.32 $164.88 $75.45 $27.55 $25.26 $33.95 $49.60 $8,169.56 $6,622.96 Accounts w/balances >$50.00: = has been submitted to the NC Debt Setoff for collection AGENDA ITEM MEMO DATE: SUBJECT: April 19, ,2022 Updates: Code Enforcement Monthly Report Discussion: The attached report shows the progress that Planner Dustin Millsaps continues to make throughout the town. Recommendation: No Council action required.