AGENDA Sawmills Town Hall Tuesday, July 20, 2021 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 6. Public Comment 7. Recognitions: A. Recycle Rewards 8. Financial Matters:  Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Town Manager Chase Winebarger Mayor Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene  A. June 15,2021 Regular Meeting Minutes  A. WPCOG Iran Divestment Act Certification B. WPCOG Planner/Code Enforcement Officer. Agreement WPCOG Stormwater Utility GIS Mapping Service D. WPCOG Stormwater Partnership E. WPCOG ADA Planning Assistance  9. Discussion:  A. Intersection of Sawmills School Rd and Dry Ponds Rd B. Resolution Addressing 4110 Ardmore Ln  10. Public Comment 11. Updates:  A. Codel Enforcement Report B. Town Manager Updates C. Council Comment  12. Closed Session: N.C.G.S. $143-318.11(a)03)  13. Adjourn    Page 1c of10  TUESDAYJUNE 15, 2021  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:001 PM  COUNCIL PRESENT Mayor Johnnie Greene Clay Wilson Melissa Curtis Rebecca Johnson Joe Wesson COUNCIL ABSENT Keith Warren  STAFF PRESENT Chase Winebarger Julie A Good Terry Taylor  CALL TO ORDER: Mayor Johnny Greene called the meeting to order at approximately  6:01pm.  INVOCATION: Mayor Johnny Greene gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Johnny Greene led the Pledge of Allegiance. ADOPT AGENDA: Mayor Johnny Greene asked for a motion to adopt the June 15, 2021 Joe Wesson made a motion, and Rebecca Johnson seconded, to adopt the June 15, 2021  Agenda.  Agenda. All were in favor.  APPROVE MAY 18, 2021 REGULAR MEETING MINUTES: Mayor Johnny Greene Clay Wilson made a motion, and Joe Wesson seconded, to approve the May 18, 2021 regular  asked for a motion to approve the May 18, 2021 regular meeting minutes.  meeting minutes. All were in favor.  PUBLIC COMMENT: Mayor Johnny Greene asked if anyone had any questions or  comments at this time. No one wished to speak.    June 15, 2021 Page 2 of10  PUBLIC HEARING: FY 2021/2022 BUDGET  OPEN PUBLIC HEARING: Mayor Johnnie Greene asked for a motion to open the public Joe Wesson made a motion, and Rebecca Johnson seconded, to open the public hearing. All  hearing. were in favor.  STAFF COMMENTS/RECOMMENDATIONS: Town Manager Chase Winebarger stated that the budget is balanced as required by the NCLocal Government Budget and Fiscal Control Act. The Town's overall budget for FY 2021-2022 totals four million three hundred nineteen thousand three hundred fourteen dollars ($4,319,314.00). A: few highlights oft the proposed budget include no property tax increase; two point five percent (2.5%) increase in water and sewer rates per FY 19-20 NCRWA Rate Study; no increase in sanitation fees; fund balance appropriations for capital projects; maintains current levels of  benefits for employees.  PUBLIC COMMENT: No one wished to speak.  CLOSE PUBLIC HEARING: Mayor Johnnie Greene asked for a motion to close the public Joe Wesson made ai motion, and Clay Wilson seconded, to close the public hearing. All were  hearing. ini favor.  COUNCIL. ACTION: Clay Wilson made ai motion, and Rebecca Johnson seconded, to adopt the FY 2021/2022 Budget, the FY 2021/2022 Budget Ordinance and the FY 2021/2022 Fee  Schedule. All were in favor.  PUBLIC HEARING: VOLUNTARY ANNEXATION  OPEN PUBLIC HEARING: Mayor Johnnie Greene asked for a motion to open the public Clay Wilson made a motion, and Joe Wesson seconded, to open the public hearing. All were  hearing. ini favor.  STAFF COMMENTS/RECOMMENDATIONS: Mayor Johnnie Greene stated that the town had received a petition for Voluntary Annexation from Blake M. Herman and Brittany  M. Crowe for one (1) parcel (NCPIN276953281). PUBLIC COMMENT: No one wished to speak.    June 15, 2021 Page 3of10  CLOSE PUBLICHEARING: Mayor Johnnie Greene asked forai motion to close the public Clay Wilson made a motion, and Joe Wesson seconded, to close the public hearing. All were  hearing. in favor.  COUNCIL ACTION: Joe Wesson made ai motion, and Rebecca Johnson seconded, to adopt the Annexation Ordinance for Blake M. Herman and Brittany M. Crowe for one (1) parcel  (NCPIN 4 2765953281) to be effective June 16, 2021. All were in favor.  PUBLIC HEARING: TOWN OF SAWMILLS BICYCLE AND PEDESTRIAN PLAN OPEN PUBLIC HEARING: Mayor Johnnie Greene asked for a motion to open the public Rebecca Johnson made a motion, and Joe Wesson seconded, to open the public hearing. All  hearing. were ini favor.  STAFF COMMENTS/RECOMMENDATIONS: Brian Horton, Transportation Planning Manager with the Western Piedmont Council of Governments stated that the Town contracted Western Piedmont Council of Governments (WPCOG) to develop a Bicycle and Pedestrian Plan. A citizen steering committee met three times to help guide plan development. The new plan is intended tol help guide Town policy decisions concerning the network, prioritization, and implementation of bicycle and pedestrian facilities. Currently, Sawmills has a core sidewalk network linking Sawmills Elementary and Baird Park. The draft plan recommends maintaining and expanding this network to Veterans Park, South Caldwell High, Spring Lake Mobile Home Park, and Cajah Mountain Road. North Carolina Department ofTransportation (NCDOT) plans to modernize Cajah Mountain Road between Highway 321A and Connelly Springs Road. This funded NCDOT project will straighten curves and add five-foot shoulders with construction expected in 2025. The: new draft Plan recommends adding sidewalks and bicycle lanes inside Town limits along the NCDOT project, transitioning to a multi-use path between Mount Zion Church and Highway 321A. The recommended multi-use path would accommodate a shared space for cyclists and pedestrians, create a new accessible crossing of the Caldwell County Railroad, and connect to existing Mission Road sidewalks with ai marked crossing of In addition toj providing direction on NCDOT projects, the draft Plan also recommends concepts that may pursue future grant opportunities. One of these potential projects seeks to link Sawmills Elementary and Veterans Park. The draft recommendation would extend the existing sidewalk in the more residentially developed areas of Sawmills north of May Road and immediately south of Dry Ponds Road. Between May Road and Dry Ponds Road, as well as approaching Veterans Park, the Plan recommends a multi-use path. The trail system  Highway 321A.    June 15, 2021 Page 4 of10  in Veterans Park has recently been paved, and a loop trail is planned to be completed by Duke Energy. Enhanced crossings ofI Dry Ponds Road and at the Elementary School are  also included in the recommended concept.  PUBLIC COMMENT: No one wished to speak.  CLOSE: PUBLIC HEARING: Mayor. Johnnie Greene asked for a motion to close the public Melissa Curtis made a motion, and Joe Wesson seconded, to close the public hearing. All  hearing. were in favor.  COUNCIL ACTION: Joe Wesson made a motion, and Rebecca Johnson seconded, to approve the Town of Sawmills Bicycle and Pedestrian Plan. All were in favor.  RECOGNITIONS:  RECYCLE REWARDS WINNER: Mayor Johnny Greene announced Peggy Brookshire, as the. June Recycle Rewards winner. A credit of thirty-two dollars ($32.00) will be added to  the current sanitation bill. No Council action was required. PLANNING MATTERS:  YEARLYPLANNING REPORT: Town Planner Dustin Millsaps stated that in thel Planning Ordinance Section 151.06 it is stated that: An annual report shall be prepared and submitted to the Town Council by May of each year. The report shall include a comprehensive and detailed review of the activities, problems and actions oft the Planning Board as well as any Town Planner Dustin Millsaps stated that the Planning Board met five (5) times betweenJuly Town Planner Dustin Millsaps stated that the board-related did not have any expenses that occurred in the reporting period. In FY2 20-21 Sawmills contracted with the WPCOG for one Town Planner Dustin Millsaps stated that the Board of Adjustments met one (1) time between July 2020 and June 2021. Town Planner Dustin Millsaps stated that the Board of Adjustment Town Planner Dustin Millsaps stated that he attended various training opportunities, where  budget requests and/or recommendations.  2020 and June 2021.  (1) day a week of planning services.  approved one (1)zoning variance and one (1) special use permit.    June 15, 2021 Page 5 of10  the topics included:  Vacant Housing Economic Development Quasi-Judicial Hearings Plan Review Air and Water Quality Hazard Mitigation Floodplain GIS  Town Planner Dustin Millsaps stated that he wrote forty-nine (49) zoning permits, approved two (2) family subdivisions, four (4) minor subdivisions, two (2) recombination and provided zoning assistance to over seventy-five (75) customers, consisting of various prospective buyers, realtors, property owners, developers, and concerned citizens during the last fiscal Town Planner Dustin Millsaps stated that there were sixteen (16) Code Enforcement cases  year.  that have been completed and there are three (3) open cases.  No Council action was needed.  PUBLIC COMMENT: Mayor Johnny Greene asked if anyone had any questions or  comments at this time. No one wished to speak. UPDATES:  JUNE CODE ENFORCEMENT REPORT: Town Planner Dustin Millsaps stated that  there are three (3) code enforcement cases open:  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    June 15,2021 Page 6of10  stated that staff has is waiting for Ms. Compton's son to schedule a time to come in and speak with staffr 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 Carolyn Bray/Robyn Brittan, 2570 Baker Cir. Abandoned Mobile Home/Garbage and Rubbish. Town Planner Dustin Millsaps stated that he was working with Town Attorney Terry Taylort to abate this property. Town Plannerl Dustin Millsaps also stated that he will treat this as a Junk and Debris and not minimum housing. Ifso, the Town can proceed to abate after thirty (30) days of notice. Town Planner Dustin Millsaps stated that he got a quote that will demo entire trailer and haul off all debris including our equipment, labor and fees. Town Planner Dustin Millsaps stated that the quote is four thousand one hundred dollars ($4,100.00). Town Planner Dustin Millsaps stated that on September 10, 2020, the house was still in the same condition and the Town needed to discuss abatement. Town Planner Dustin Millsaps stated that on November 30, 2020, the he had been in contact with Town Attorney Terry Taylor to get all evidence for this property done with previous Town Planner. Town Planner Dustin Millsaps stated that on February 12, 2021, Council instructed Town Planner to table this case until the May 18, 2021, meeting to see where the property ends up. Town Planner Dustin Millsaps stated that on May 7, 2021, he spoke with Attorney Bruce Vanderbloemen, the estate attorney for Carolyn Bray, and was informed that the house has had all the paperwork finished for the property to be sold in a tax sale at the end Denise Dotson/William S Annas, II, 4095 Gatewood Dr. Abandoned Mobile Home/Minimum Housing. Town Planner Dustin Millsaps stated that a complaint was received on March 5, 2020, and a regular NOV letter and a certified NOV letter was sent on March 5, 2020, with a deadline of March 23, 2020. Town Planner Dustin Millsaps stated that the mobile home has been sprayed painted and has an apparent tenant, however, the water meter has been pulled from the property. Property was cleaned up. However, Mr. Annas informed Town Planner Dustin Millsaps that a new tenant has moved in the mobile home. Town Planner Dustin Millsaps stated that a second NOV letter was sent on May 15, 2020 with a deadline of June 15, 2020 for additional garbage on property. Town Planner Dustin Millsaps stated that staff will investigate and work with Town Attorney for possible courses of abatement. Town Planner Dustin Millsaps stated that he went by the property on September 10, 2020  this case;  ofMay;    June 15, 2021 Page 7of10  and all garbage has been picked up, however, the house has multiple windows smashed out which is now a minimum housing violation. Town Planner Dustin Millsaps stated that he spoke with property owner and he plans on removing the trailer on November 5,2020. Town Planner Dustin Millsaps stated that he spoke to William SAnnas, II, the property owner, on November 5, 2020 and his plans are removing the mobile home. Town Planner Dustin Millsaps stated that he tried to get in touch with property owner William S Annas, II four (4) times from November 5, 2020 to November 19, 2020 before he would answer the phone for him again, and Town Planner Dustin Millsaps stated he informed property owner Williams S. Annas, II that the Town would have to pursue moving the mobile home or fines would occur for him. Town Planner Dustin Millsaps stated that he talked to property owner William SA Annas, II on December 8, 2020 and was informed that the property owner had been in contact with an attorney about removal of the mobile home. Town Planner Dustin Millsaps stated that on January 7, 2021, he spoke with property owner William S Annas, II and the property owner stated that he had not worked with his attorney because his attorney had been quarantined multiple times. Town Planner Dustin Millsaps stated that on 2/7/21 he talked with property owner William S Annas, II, again and Mr.. Annas stated that hei iss still talking tol his attorney about getting the issue handled. Town Planner Dustin Millsaps stated that he spoke with property owner William S Annas, II, on 4/13/21 and Mr. Annas stated that he is currently in the process of evicting current tenant SO that he can tear the mobile home down. Town Planner Dustin Millsaps stated that on June 10, 2021, he spoke with William S. Annas, II, and was informed that the tenant has been evicted and the last day for the tenant to move out is June 11, 2021. Town Planner Dustin Millsaps stated that William S. Annas. II informed him that after the evicted tenants time to leave is up, he will get  with his attorney to look at his options with the dilapidated trailer.  No Council action was required.  TOWN MANAGER UPDATES: Town Manager Chase Winebarger had the following  updates:  Town Manager Chase Winebarger stated that the Town had purchased a Drone and has already started utilizing it. The drone has been flown over the Legion game, the Wilcox property, two (2) different code enforcement complaints, and the proposed area for the parking lot at Veterans Park. There has been some amazing footage Town Manager Chase Winebarger stated that the Town has closed on the Wilcox property. Town Manager Chase Winebarger stated that he has been in contact with an architect and has an estimated cost of approximately twenty thousand dollars ($20,000.00) for site plans to be drawn up. Town Manager Chase Winebarger also stated that there is hay already on the property and that he would like for the Town to allow Mr. Wilcox to cut the hay this year. Town Manager Chase Winebarger stated  captured and it will be on Facebook and the website soon.    June 15, 2021 Page 8of10  that by the time a bid packet is developed, sent out and allowed time for response, the Town would be beyond the time for the second cutting. By the time the hay is ready next year, the Town should have a site plan and timeline developed and can do a bid packet for the hay, if needed, at that time. There were no objections to letting Mr. Town Manager Chase Winebarger stated that on Friday, June 11, 2021, he spoke with Duke Power regarding the parking lot at Veterans Park and was informed that the Town does not need to build a parking lot at this time. Town Manager Chase Winebarger has stated that he asked for that information to be sent to him in writing. Town Manager Chase Winebarger stated that he would still like the Town to do the grading for the parking lot which would cost approximately one hundred fifty Town Manager Chase Winebarger stated that at the last Council meeting it was asked if the Town had received the trash cans promised by Republic Services when the contract was signed. Town Manager Chase Winebarger stated that he spoke with Don Phelps at Republic Services and Republic is taking the blame for the Town not receiving the cans. Republic is going to waive the CPI increase (approximately eleven thousand dollars ($11,000.00)) and begin securing cans to start putting out in Town. Town Manager Chase Winebarger stated that he had received numerous complaints about speeding in the Doe Run subdivision. To investigate the issue, the Town placed the digital traffic sign that counts traffic, monitors speed, and compiles all the analytics for you at approximately ten (10) different locations in the subdivision. Town Manger Chase Winebarger stated that according to the sign data, approximately fifty-five ( (55) tos sixty-five (65). percent oft the vehicles traveling in the Doe Run Subdivision are over the speed limit with twenty-five (25) to thirty-five (35) percent traveling in excess of ten (10) mhp over the posted speed limit of twenty-five (25) mhp. Town Manager Chase Winebarger stated that the vast majority of this is occurring on Moore Acres Dr (which is the main road into the subdivision) and the percentage of vehicles speeding within the development drops around fifteen (15) percent with only around eight (8) percent exceeding ten (10) mhp over the posted speed limit. Town Manager Chase Winebarger stated that he has been approached regarding speed humps on Moore Acres Dr, however, Moore Acres Dr meets all requirements for speed humps but one (1). Council informed Town Manager Chase Winebarger that since there is one (1) requirement not met by Moore Acres Dr that the Town cannot go against policy and Town Manager Chase Winebarger stated that Baird Park is the home field for the 2021 Post 29 Junior Legion Softball Team (7h-10th Grade Ladies Fastpitch). Town Manager Chase Winebarger stated that there has been one (1)home game already and the feedback has been exceptional. Town Manager Chase Winebarger also stated that Town Manager Chase Winebarger stated that during the May 18, 2021 he was asked tol look into the process for code complaints and the possible need to amend the policy regarding who complains and ifit must be a written complaint. Town Manager Chase  Wilcox cut the hay this year.  thousand dollars ($150,000.00).  there is not an estimated time for delivery as ofy yet.  put in speed bumps.  the Farmers Market is up and running and is going great.    June 15, 2021 Page 9 of10  Winebarger stated that in inspecting the policy, it seems that Town employees have been following a common practice rather than the nuisance ordinance for employees and Council members. Town Manager Chase Winebarger stated that he would still recommend that elected officials not make nuisance complaints, but employees are encouraged to make nuisance complaints. Town Manager Chase Winebarger stated that citizens are still required to fill out a written complaint form per the policy. Town Manager Chase Winebarger stated that he would suggest a change in practice not a Town Manager Chase Winebarger stated that now that most COVID-19 restrictions are lifted that the Town can start events again. Town Manager Chase Winebarger asked Council what events would like to focus on for the FY2021/2022:  change in policy.  Halloween-team up with the local churches and have at trunk or treat, a festival Veterans Day-The Town will resume its Veterans Day celebration with Joe Wesson doing the planning. The date will be November 13, 2021. Christmas Tree Lightening-The Town will resume its Christmas Tree Lightening celebration with Melissa Curtis doing the planning. With a date to Christmas Parade-The Town will resume its Christmas Parade. The date will There will be a Spring Festival with a Spring Car Show. With a date to be Egg Hunt-The Town will resume its Easter Egg Hunt. With a date to be Memorial Day-The Town will resume its Memorial Day Celebration. To be Melissa Curtis and Rebecca Johnson will start on beautification oft the Town. Town Manger Chase Winebarger stated that at this time, the Town does not require landlords to pay a deposit, resulting in the Town, at times, losing large amounts of money that the Town cannot collect. Town Manager Chase Winebarger stated that staff has discussed this matter and that charging landlords a deposit would be the  setting and fireworks. With a date to be determined.  be determined. bel December 4, 2021. determined. determined.  held on Monday, May 30, 2022.  simplest way to be able to collect the money from landlords.  Clay Wilson made a motion, and Rebecca Johnson seconded, to collect a water, sewer and sanitation deposit for all accounts with the exception of business accounts. All were in favor.  COUNCIL COMMENTS:  Joe Wesson wanted to commend everyone for a great budget. Joe Wesson wanted to thank the Town Manager Chase Winebarger, Mayor Johnnie Greene, Town Attorney Terry Taylor  and Council for a great job.    June 15, 2021 Page 10 of10  COUNCIL ADJOURN: Mayor Johnnie Greene asked for ai motion to adjourn.  Rebecca Johnson made a motion, and Clay Wilson seconded, to adjourn the meeting. All  were in favor.  The meeting was adjourned at approximately 7:30pm.  Johnnie Greene, Mayor  Julie A. Good, Town Clerk    AGENDA ITEM 7A  MEMO DATE: SUBJECT:  July 20, 2021 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Andrew Tramble on winning the Recycle Rewards Program for the month ofJuly. Mayor. Johnnie Greene will present him 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:  July 20,2021 Financial Matters: Approve Proposed Iran Divestment Act Certification with Western Piedmont Council of Governments  Discussion:  The Western Piedmont Council of Governments (WPCOG) has stated that they would need an Iran Divestment Act Certification signed stating that the Town of Sawmills is not listed on the  Final Divestment List created by the State Treasurer.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish to proceed.    50 YEARS  1880 Second. Avenue NWIH Hickory,NC 28601 POI Box 90261 Hickory, NC 28603 832991/82828325WAwmpoRvs  Western Piedmont Council of Governments Creative Regional Solutions Since: 1968  Name of Counterparty:  IRAN DIVESTMENT ACT CERTIFICATION  As of the date listed below, the entity listed above is not listed on the Final Divestment List created by the  State Treasurer.  The undersigned hereby certifies that he or she is authorized by the entity listed above to make the  foregoing statement.  Signature Printed Name  Date Title  Iran Divestment List Verified by:  Western Piedmont Council of Government Employee  Date  Executive Committee: Barpara C. Pencell. Chairl Boo Floyd, Vice Chail Jill Patton. Secr etary Jonany Berry. Treasurerl George B. Holleman, Past Chai At-Large Members: Wayre F Apele. S Kitty. W. Bar nes I Jonn E"Chio" Black Boo Smyrel Executive Director, Anthory W. Starn Serving: Alexander Courtyl Taylor sville Burx xe Countyl Conpelly Sori ings Drexell Glen Aloinel HildeorarMo ganton! Rutherford College Valdese Caldwell Cour atyl Cajans Mountain Ceda Rock Gan newelll Granite Falls] Hudsonl Leroir Rnodriss Sawn nills Catawoa Countyl Brookford]  Catawpal Claremont Conover Hicxory yILong View! Maiden! Newton    AGENDA ITEM 8B  MEMO DATE: SUBJECT:  July 20, 2020 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 expired on June 30, 2021 and will need to be renewed. If renewed, the enclosed The amount oft the contract will not exceed twenty-four thousand six hundred eighty-eight dollars ($24,688.00): and will be billed ini four (4)quarterly payments ofs six thousand onel hundred seventy- two dollars ($6,172.00). This expenditure is included in the FY: 2021-2022 budget.  contract will be effective starting July 1,2021 and ending June 30, 2022.  Recommendation:  Staffrecommends Council discuss this matter and decide how they wish to proceed.    AGREEMENT BETWEEN THE THE TOWN OF SAWMILLS FOR THE PROVISION OF TECHNICAL PLANNING ASSISTANCE: U1,BI-UNE34202  WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND  This AGREEMENT, entered into on this the first day of. July, 2021, 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');  WITNESSETH THAT:  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 oft this Contract; technical assistance to the Local Government and;  WHEREAS, the Local Government has requested the Planning Agency to provide such WHEREAS, thel 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 conterences, 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 notrelated 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 $24,688 (twenty-four thousand six hundred and eighty dollars) during the period beginning July 1,2 2021 and ending June 30, 2022. These fees will be billed ini four quarterly payments of $6,172 (six thousand one hundred and seventy-two dollars).  an agreed-upon ratio.  3.    Page 2c of3  4.  TeminatomModfiation: The Local Government may terminate the Contract by giving the Planning Agency a thirty-day written notice. Furthermore, if there is aneed to amend the proposal outlined in Attachment A, either party may do SO with TimeofPerformance. 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 1,2021 and ending June 30, 2022. 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 oft the 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 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 Nondscrimination Clause. No person in the United States shall on the grounds ofrace, 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 or 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 Actof1973, as amended. No qualified handicapped person shall, on the basis ofhandicap 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 oft the other.  5.  6.  to the purpose of this section.  7.  Development Act of 1974, Section 109.  8.  receives or benefits from federal financial assistance.  9.  Page 3 of3    INI 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  Executive Director  PLANNING AGENCY:  By:  By:  Town Manager  Chairman  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    ATTACHMENT, A TOWN OF SAWMILLS TECHNICAL PLANNING ASSISTANCE: UY1,0I-JUNE3A2m2 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) of the planning activities shall  be:  WORK PROGRAM  1.  Zoning and Subdivision Code Management  Technical assistance will be provided with Zoning Code Enforcement.  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  Itis 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 $24,688 (twenty-four thousand six hundred and eighty dollars) during the period beginning July 1,2021 and ending June 30,2022. These fees will be billed in four quarterly payments of $6,172 (six thousand one hundred and seventy-two dollars).    AGENDA ITEM: 8C  MEMO DATE: SUBJECT:  July 20, 2021 Financial Matters: Approve Proposed Contract with Western Piedmont Council of Governments For the Provision of Stormwater Utility GIS Mapping Services  Discussion:  Attached with to this memo is a contract from the Western Piedmont Council of Governments for the ProvisionofSiomwater: Utility GIS Mapping Services. The enclosed contract will be effective The amount of the contract will not exceed thirty-four thousand six hundred sixty-eight dollars ($34,668.00) and will be billed in four (4) equal annual payments of eight thousand six hundred sixty-seven dollars ($8,667.00). This expenditure is included in the FY: 2021-2022 budget.  starting July 1, 2021 and ending December 31, 2025.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish to proceed.    AGREEMENT BETWEEN THE WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND THE TOWN OF SAWMILLS FOR THE: PROVISIONOF STORMWATER UTILITY GIS MAPPING SERVICES: JULY1,2021-1 DECEMBER31,2025  This AGREEMENT, entered into on this the first day of July, 2021, by and between the Western Piedmont Counciof@oyemments (hereinafter referred to as the "Planning Agency")and the Town of Sawmills, North Carolina (hereinafter referred to as the "Local Government");  WIINESSETHTHAT:  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 oft 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 thel Local Government ine 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 $34,668 (Thirty-four thousand six hundred and sixty-eight dollars) during the period beginning July 1, 2021 and ending December 31, 2025. These fees will be billed in four equal annual payments of $8,667 (Eight thousand six hundred and  an agreed-upon: ratio.  3.  1    sixty-seven dollars).  4.  TemnatomMidfisatiom: The Local Government may terminate the Contract by giving the Planning Agency ai thirty-day written notice. Furthermore, ift there is aneed to amend the proposal outlinedi in Attachment A, either party may do sO with TimeofPerformance 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, 2021 and ending December 31,2025. 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 oft the 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 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 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 or 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 Acto of1973.asamended, 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 ofthe other.  5.  6.  tot the purpose oft this section.  7.  Development Act of1974, Section 109.  8.  receives or benefits from federal financial assistance.  9.  2    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 ( GOVTS.  By:  By:  Mayor  Executive Director  PLANNING AGENCY:  By:  By:  Town Manager  Chairman 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  3    ATTACHMENT. A TOWN OF SAWMILLS STORMWATER UTILITY GIS MAPPING SERVICES: JULY1,2021 -] DECEMBER 31, 2025 WORK PROGRAMBUDGET  The following work program and budget are presented as descriptive of the work and dollar amounts called fori ini the agreement concerning StormwaterUtility GIS Mapping Service activities by the Western Piedmont Council of Governments for the Town of Sawmills. The product(s) of  the planning activities shall be:  LWORKI PROGRAMISCOPE OF SERVICES  The general scope ofs services called for in this work program require the Planning Agency, on the behalf oft the Local Government, to provide professional stafft time to map: and update the Local Government's GIS database for its stormwater utilities as outlined in the local  government's Stormwater Management Plan. This includes:  Outfalls and receiving waters Storm sewer pipes Catch basinsinletsCulverts Flow Directions  Open channel conveyances (swales, ditches, etc.)  Interconnections with other MS4s and other storm sewer systems  Municipally-owned stormwater treatment/retention structures (including but not limited  to)  detention and retention basins infiltration systems bioretention areas water quality swales gross particle separators oil/water separators other proprietary systems  The mapping of stormwater utilities will be used for Illicit Discharge Detection and Elimination activities as required by the NPDES Phase II Permit and outlined ini the Local Government's  Stormwater Management Plan.  II. OPERATIONS, RESOURCES AND SUPPORT RESPONSIBILITIES  A. Al 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: field and physical location of the Planning Agency. The  4    Project GIS Analyst will be assisted in various facets oft the contract by other GIS 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. 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 ofl Municipalities. The Planning Agency does provide automobiles to employees. All Planning Agency staff are required to have a valid driver's license, insurance and a vehicle that can be used for Agency D. The Planning Agency will ensure that all GIS data and applications are compatible with current tablets and smartphones, as well as PCs. This will primarily be achieved via ArcGIS Online, Collector for ArcGIS, ArcServer and associated technologies. 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  staff from the Planning Agency office.  Agency use in fulfilling the requirements oft this contract.  purposes.  included in this contract.  III. 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 $34,668 (Thirty-four thousand six hundred and sixty-eight dollars) during the period beginning July 1, 2021 and ending December 31, 2025. These fees willl be billed in four equal annual payments of $8,667 (Eight thousand six hundred and  sixty-seven dollars).  5    AGENDA ITEM 8D  MEMO DATE: SUBJECT:  July 20, 2021 Financial Matters: Approve Proposed Contract with Western Piedmont Council of Governments For Assistance in Supporting the Western Piedmont Stormwater Partnership  Discussion:  The Western Piedmont Council of Governments will work with the Town of Sawmills to adapt the work plan and priorities as needed to satisfactorily implement requirements in NPDES Phase IIP Permits and Management Plans. The enclosed contract will be effective.. July 1,2021 and ending The amount of the contract will not exceed twenty-four thousand four hundred nine dollars ($24,409.00) and will be billed in eight (8) quarterly payments of three thousand fifty-one dollars and thirteen cents ($3,051.13). This expenditure is included in the FY 2021-2022 budget.  June 30, 2023.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish to proceed.    AGREEMENT BETWEEN THE THE TOWN OF SAWMILLS STORMWATER PARTNERSHIP UIXIDI-INEAZB  WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND FOR. ASSISTANCE IN SUPPORTING THE WESTERN PIEDMONT  This AGREEMENT, to be effective on the 1st day of July, 2021, 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");  WITNESSETH THAT:  WHEREAS, the Local Government is required toj provide adequate staffing and funding to support the NPDES Phase II six minimum measures, including Stormwater Public Education and Outreach, Public Involvement and Participation, Illicit Discharge Detection and Elimination, Construction Site Stormwater RunoffControl, Post-Construction Storm Water.Mimgememtinkew Development and Redevelopment, and Pollution Prevention/Good Housekeeping for Municipal  Operations. ("Stormwater Panrtnermihip"hereinafen), ; and  WHEREAS, the Planning Agency is empowered to provide technical assistance to local governments by the North Carolina General Statutes and by resolution passed by the Planning  Agency on April 17,1972; and  WHEREAS, the Local Government has requested the Planning Agency to provide such technical assistance to support the NPDES Phase II six minimum measures through a Stormwater  Partnership and;  WHEREAS, the Planning Agency desires to cooperate with the Local Government in providing technical assistance and services and that thej proposed assistance and servicesarecarried  out in an efficient and professional manner.  NOW,THEREFORE, the parties hereto do mutually agree as follows:  1.  Scope of Services. The Planning Agency will provide technical assistance to the Western Piedmont Stormwater Partnership. Technical assistance shall consist ofthe services described in EXHIBIT A, which is incorporated more fully by reference Personnel. The Planning Agency will furnish the necessary trained personnelt Itot the Office/Equipment, The Planning Agency will provide office space, miscellaneous office supplies, office equipment, software, and hardware necessary toj perform the  herein.  2. 3.  Local Government.  work described in this contract.  1of6    4.  Compensation. The Local Government will pay the Planning Agency a regional Stormwater Partnership fee for services provided as part of the Agreement as outlined in Exhibit A. The Town of Sawmills's calculated Stormwater Partnership fee fori the period beginning July 1,2021 and ending June 30, 2023 is not to exceed $24,409 (twenty-four thousand four hundred and nine dollars). These fees will be billedine eight quarterly paymentsofs3,051.13 (three thousand fifty-one dollars and  thirteen cents).  5.  Non-salary Expenses. (a) The Planning Agency personnel's local travel mileage will be considered to be a part oft the Scope of Work as outlined in Exhibit A. (b) The Stormwater Partnership will pay for personnel's travel expenses related to attendance ofc conferences, conventions, and seminars ift the events are related tot the development of the Stormwater Partnership's program. Travel expenses shall include registration fees, hotel expenses, meals, and mileage. The Stormwater Partnership will pay for hotel, meals, and mileage costs at the prevailing local Termination/Modifications. TheLocal Government may terminate the Contract by giving the Planning Agency a thirty-day written notice. Furthermore, if there is a need to amend the proposal outlined in Attachment A, either party may do sO with meofPerformance The Planning Agency shall ensure that all services required herein shall be completed during the period beginning July 1,2021 and ending June InterestofMembers.Officers.orl Employees of the PhmminzArne.Memher of the Local Government, or Other Public Officials. No member, officer, or employee ofthel Planning Agency ori its agents; no memberofthe governing body of the 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 or indirect, in any contract or subcontract, or the proceeds thereof, for work tol bej performed in connection with thej 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 shalli incorporate or cause tol beincorporated: in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this Nondiscrimination Clause. Noj 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 or in part with funds available under the Housing and Community  government rate.  6.  the written consent oft the other.  7.  30,2023.  8.  section.  9.  2of6    Development Act of1974, Section 109.  10. Age Discrimination Act of1975, as amended. No qualified person shall on the basis ofage 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.  11. Section 504, Rehabilitation Acto of1973, as amended. No qualified handicapped person shall, on the basis ofl 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.  3of6    IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first  above written. LOCAL GOVERNMENT: TOWN OF SAWMILLS  PLANNING AGENCY: GOVERNMENTS  WESTERN PIEDMONT COUNCIL OF  By:  By:  Town Manager  Executive Director  Attest: By:  Planning Agency: By:  Town Clerk  Chairman  Preaudit statement:  Thisi instrument has been preaudited in the manner prescribed by the Local Government Budget and  Fiscal Control Act.  By:  Local Government Finance Officer  4of6    EXHIBIT A  THE TOWN OF SAWMILLS JULY 1, 2021 -JUNE 30, 2023  WESTERN PIEDMONT STORMWATER PARTNERSHIP  PROGRAMO OVERVIEW  The following work program is presented as descriptive of the work called for in the agreements concerning stormwater program assistance activities by the Western Piedmont Council of  Governments for local governments in the Stormwater Partnership.  1. The Western Piedmont Council of Governments staff will work with the Local Government's Stafft to adapt the work plan and priorities as needed to satisfactorlyimplement Public Education and Outreach on Storm Water Impacts - The Planning Agency will fulfill the education and outreach component of the permit by developing workshops; arranging speakers; development of school partnerships and projects; preparing outreach materials; and presenting to various groups and at events, and other Education Outreach activities as required by the NPDES Phase II Permit and outlined in the Local  requirements in NPDES Phase II Permits and management plans.  Government's Stormwater Management Plan.  Public Involvement and Participation - The Planning Agency will manage planning and implementation of public events for stormwater information to the general public as well as coordination ofvolunteer programs for stormwater programs or stream cleanups, and other Public Involvement and Participation activities as required by the NPDES Phase II Permit and outlined in the Local Government's Stormwater Management Plan. Illicit Discharge Detection and Elimination - The Planning Agency will conduct active investigation and enforcement of the Local Governments illicit discharge within the Local Governments jurisdiction and other Illicit Discharge Detection and Elimination activities as required by the NPDES Phase II Permit and outlined in the Local Construction Site Stormwater Runoff Control - North Carolina Division of Environmental Quality is responsible for the Local Government's Construction Site Stormwater Runoff Control Program. Follow-up by the Planning Agency will occur. Post-Construction Storm Water Management in New Development and Redevelopment The Planning Agency will manage the permitting process, annual reports, inspections, and files associated with Post Construction as required by the NPDES Phase II Permit  Government's Stormwater Management Plan.  5of6    and outlined in the Local Government's Stormwater Management Plan. Pollution Prevention/Good Housekeeping for Municipal Operations - The Planning Agency will conduct education to Local Government employees and inspection ofLocal Government facilities for Pollution Prevention/Good Housekeeping activities as required by the NPDES Phase II Permit and outlined in the Local Government's Stormwater  Management Plan.  6of6    AGENDA ITEM 8E  MEMO DATE: SUBJECT:  July 20, 2021 Financial Matters: Approve Proposed Contract with Western Piedmont Council of Governments For Provision of ADA Planning Assistance  Discussion:  The Western Piedmont Council of Governments will conduct accessibility site evaluation surveys ofallLocal Govemnment/Town facilities and provide the Town with a comprehensive and accurate accessibility compliance survey. The enclosed contract will be effective starting July 1, 2021 and The amount of the contract will not exceed six thousand three hundred five dollars ($6,305.00) and willl be billed in eight (8) quarterly payments ofseven hundred eighty-eight dollars and thirteen  ending June 30, 2023.  cents ($788.13). This expenditure is included in the FY2021-2022 budget.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish to proceed.    AGREEMENT BETWEEN THE THE TOWN OF SAWMILLS FOR THE. PROVISIONOF ADA PLANNING ASSISTANCE: JULY1,2021-JUNE: 30,2023  WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND  Agreement for ADA Planning Assistance Services  This AGREEMENT ("Agreement") is entered into by and between (WPCOG) Western Piedmont Council of Governments ("Planning Agency"), with aj primary place ofb business at 1880 2nd Ave NW, Hickory, NC 28601, and Local Government, the Town of Sawmills ("Town of Sawmills" or "Client") on the Ist day ofJuly, 2021 through the 30th day. June, 2023. The parties hereby agree to the following terms and  conditions: The parties hereby WINESSETHTHAT:  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 oft the provision ofs services as described in Exhibit A, which is herein made aj part  ofthis Contract;  WHEREAS, the Local Government has requested the Planning Agency to provide such technical WHEREAS, the Planning Agency desires to cooperate with the Local Government in every way possible to the end that the proposed activities are carried out in an efficient and professional manner;  assistance to the Local Government and;  NOW,THEREFORE, the parties hereto do mutually agree as follows:  ENGAGEMENT  The Town of Sawmills desires the Planning Agency to conduct accessibility site evaluation surveys ofall Local Government/ Town facilities. The Planning Agency shall, pursuant to the terms of this Agreement, provide to the Town of Sawmills a comprehensive and accurate accessibility compliance survey. The Planning Agency services (the "Services") relating to the application oft the Americans with Disabilities Act of 1990, and any other state laws, regulations, and codes relating to access fori individuals with disabilities to public accommodations, including all amendments thereto (collectively, the "Access Laws for Individuals with Disabilities") shall provide an inventory and transition plan to the Town of Sawmills. Time and accuracy shall be of the essence in the performance of all services. The Planning Agency is knowledgeable in the business of providing the services, and agrees that (a) the Town of Sawmills is relying upon Planning Agency's knowledge, (b) time is ofthe essence in completing the services, and (c) it will perform all services in an expert, competent, accurate, professional, and  comprehensive manner. SERVICES: See Exhibit A below COMPENSATION: See Exhibit B below TERMINATION FOR CONVENIENCE  The Town of Sawmills may terminate this Agreement in whole ori in part, within 90 days, upona written notice to the Planning Agency. Such termination shall be effective upon delivery ofa notice of termination to the Planning Agency specifying the effective date ofthe termination and the extent ofthe  services to be terminated.    AGREEMENT BETWEEN THE THE TOWN OF SAWMILLS FOR THE: PROVISIONOF ADA PLANNING ASSISTANCE: JULY1, 2021-JUNE 30, 2023  WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND  Int the event ofs such termination, the Town of Sawmills shall pay the Planning Agency owed amounts, including expenses, for the services completed prior to the effective date ofthe termination, and such payment shall be the Planning Agency's sole remedy against the Town of Sawmills. Under no circumstances will the Planning Agency be entitled to anticipatory or unearned profits, consequential or special damages, or any other damages as a result ofa termination or partial termination ofthis  Agreement.  OBLIGATIONS UPON TERMINATION with the notice provided by the Town of Sawmills.  Int the event oftermination, the Planning Agency shall immediately stop services in accordance Upon termination, the Planning Agency shall turn over to the Town of Sawmills all finished and unfinished reports and other written services ofany kind or quality prepared or generated in connection with the services under this Agreement, including providing copies on computer disks or other applicable media ofall such services or materials that were prepared in electronic or digital form, excluding  intellectual property that is owned by the Planning Agency.  MISCELLANEOUS PROVISIONS  a) Personnel. That during the period ofthis Contract, the Planning Agency will furnish the necessary b) 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 an agreed-upon ratio. 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. Time of Performance. The Planning Agency shall ensure that all services required herein shall be completed during the period beginning July 1,2021 and ending June 30, 2023.This Agreement shall be deemed to be governed by North Carolina law applicable to contracts which are made, d) Modification. This Agreement and its Exhibits, contain the entire agreement oft the parties hereto in relation to the subject matter hereof and supersede all other agreements, both written and oral, between the parties. This Agreement may not be amended except by a writing executed and agreed Interest of Members, Officers,or) Employees ofthe Planning Agency, Members oft 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 of the 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 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.  trained personnel to the Local Government.  entered into and performed entirely within the State of North Carolina.  on by all parties.    AGREEMENT BETWEEN THE THE TOWN OF SAWMILLS FOR THE PROVISION OF ADA PLANNING ASSISTANCE: JULY 1,2 2021-JUNE: 30, 2023  WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND  Immediate family members ofs said members, officers, employees, and officials are similarly barred from having any financial interest in the program. Thel Planning Agency shall incorporate, or cause to be incorporated, in all such contracts or subcontracts, a provision prohibiting such interest Nondiscrimination 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 tod discrimination with any program or activity funded iny whole ori inj part with funds availableu under g) Age Discrimination Act of 1975, as amended. No qualified person shall on the basis ofa age 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 h) 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  pursuant to the purpose oft this section.  the Housing and Community Development Act of1 1974, Section 109.  assistance.  federal financial assistance.  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 PIEDMONTCOUNCIL OF GOV'TS.  By:  Date  By:  Date  Mayor  Executive Director PLANNING AGENCY:  By:  Date_  By:  Date  Town Manager  Chairman  Pre-audit statement:  This instrument has been pre-audited in the manner prescribed by the Local Government Budget and Fiscal  Control Act. By:  Date  Local Government Finance Officer    AGREEMENT BETWEENTHE THE TOWN OF SAWMILLS FOR THE PROVISION OF ADA PLANNING ASSISTANCE: JULYI 1, 2021-JUNE 30,2023 EXHIBIT A: SERVICES  WESTERN PIEDMONT COUNCIL OF GOVERNMENTSAND  The following services are presented as descriptive of the work 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 planning activities shall be:  A.1  SITE EVALUATION SURVEY.  The Planning Agency shall conduct a Site Evaluation Survey ("SES" or "Survey")of Government Town owned facilities identified by the Town of Sawmills. The SES shall use the Planning Agency's evaluation tools and documents to evaluate the facility with: (i) the currently enforceable requirements ofthe Americans with Disabilities Act (Appendix A to 28 CFR Part 36 Standards for Accessible Design establishing minimum standards for ensuring accessibility when designing and constructing a new facility or altering an existing facility) and (ii) applicable state accessibility laws or codes related to the design or construction ofi facilities. Collectively these are referred to herein as "the  applicable laws, regulations and codes."  The SES shall only include the evaluation of features in those portions ofa facility that are used by the general public. Without limiting the foregoing, the scope oft the SES shall not include any portion ofany facility that is utilized primarily by the employees, vendors or contractors ofC Client. The Planning Agency will produce the report with the specific facilities reported by the Client, as being Town Owned. (This list should include any/all property owned by Client being leased or rented, such as ball: fields,  doctor offices, parking lots, retail stores etc...)  The Planning Agency shall not be responsible for conducting any testing of any telephone, fire alarm or any other alarm system, any assistive listening system or any other electronic device ofany nature whatsoever. The Planning Agency shall not be responsible for examining any feature or facility outside the boundary (the boundary does include the parking lots) ofai facility, including, without limitation, any feature in any public right-of-way. Ifparking for any facility is located in a multi-tenant lot, the Planning Agency shall only analyze those spaces that appear to be attributable to the facility in question, unless Client owns both lots/properties. As to the analysis of paths of travel, the Planning Agency shall select and analyze all possible paths oft travel that will connect the features or elements to be evaluated, including the public right of way, but in no case extending beyond the boundary of the facility. Surveys of co-branded sites shall be limited to areas solely under the control and authority ofthe  Client.  The SES evaluates existing site improvements at the time ofs survey only and does not include permit history evaluation or investigation as to chronological condition ofi improvements that may have been required at time ofinitial construction or subsequent alteration under state, federal or local laws or building codes. No destructive testing ofa any degree will be accomplished in order to determine recommended retrofit parameters; recommendations for possible retrofit of existing improvements to enhance access by individuals with disabilities, ifany, are based on surveyors' inspection and experience.    AGREEMENT BETWEEN THE THE TOWN OF SAWMILLS FOR THE PROVISIONOF ADA PLANNING ASSISTANCE: JULYI 1, 2021-JUNE 30,2023  WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND  Ift the Planning Agency encounters unsafe or hazardous conditions at the Town of Sawmills sites that do not reasonably allow the Planning Agency to perform the services, then the Planning Agency will immediately notify the Town of Sawmills. In conducting the surveys, Planning Agency agrees to use all reasonable efforts not to interfere with Client's business operations. Thel Planning Agency also acknowledges that between the hours of11:30 A.M. to 1:001 P.M. and 5:00 P.M. to 7:00 P.M. (collectively, "Peak Hours"), Planning Agency may encounter delays in conducting surveys caused by  customer traffic. A.2  REPORT.  For each Site, Planning Agency shall memorialize the findings of each SES in an electronic standardized report to the Town of Sawmills ("Report"). The reports and the data therein will be made available to the Client through email, postal mail, or hand delivered. The report shall compare each noncompliant area, feature or item surveyed and evaluated by the Planning Agency with the applicable laws, regulations and codes noted above. The report shall designate those areas that do not reflect compliance with the applicable laws, regulations and codes noted above as to each surveyed and  evaluated area, feature or item.  In the event that any specific area, feature or item (or portion thereof) does not reflect compliance with the applicable laws, regulations and codes, the Planning Agency shall make a simple and general recommendation". The recommendation is derived from a basic examination ofe each subject feature and represents only one possible physical solution to bring the subject feature into compliance with the  applicable laws, regulations and codes.  Recommendations shall be accompanied by an approximate cost based off of current market cost, where applicable and available, that shall assign rough budget estimates to each suggested recommendation contained in the report. The budget estimates are in order to determine "order of magnitude" costs, not to be confused with level of impact, and the Planning Agency shall have no liability whatsoever in connection with the accuracy ofany budget estimates. Accuracy of budget estimates shall be established by the Town of Sawmills engineer/contractor of choice, to complete the steps necessary for Client shall provide sufficient notification to the management of each oft the facilities regarding the performance of the SES'sand, furthermore, agrees to allow the Planning Agency full access to the public areas of each of the Facilities. The Planning Agency agrees toj provide such services at times convenient to Client SO as not to unduly disrupt Client's business operations, but still stay within the time frame of the contract. Prior to the initiation of the services, Client shall provide thel Planning Agency with  compliance.  alli identification and documentation required in gaining access to the facilities.    AGREEMENT BETWEEN THE THE TOWN OF SAWMILLS FOR THE PROVISION OF ADA PLANNING ASSISTANCE: JULY 1,2021-JUNE: 30,2023 EXHIBIT B: COMPENSATION  WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND  The following budget is presented as a dollar amount called for in the agreement concerning planning activities by the Western Piedmont Council ofGovernments for the Town of Sawmills. Contract: amounti includes: setup, services, inventory, support, updates, data storage, documentation, reporting, cost analysis, transition plan, and maintenance. The web service and set up willl be maintained by the Client, unless contract arrangements are made for web service maintenance with the Planning Agency. A separate contract between Client and the Planning Agency will be created  for any website design or maintenance for ADA compliance. Phase 1- Sign Contract: Local Government Planning Agency  YEAR1  Phase 2 - Inventory: Create Database for aclities/Signalized IntersectionsSidewalkyCurbyParking  Lots/Signage/Bus OPVPAPVGReNayAnd Creation ofa all Documents Phase 3- Reporting to Town/DOJ/ADA in accordance to the US Access Board Phase 4- Cost Analysis/Estimate to Correct Non-Compliant Areas Listed inl Phase 2  YEAR2  Phase 5- Transition Plan: Coordination of the Town's Capital Improvements Plan and the site evaluation survey to establish at timeline for the Critical /Medium /Low Impact Areas to be corrected Phase 6- -Maintenance ofa all Changes/mproyements to Documents: Inventory List, Reports, Transition Plan, support for changes to website, complaints and final certificate of occupancies (COs).  COST:  That for the purpose of providing the funds for carrying out this two year contract, the Local Government will pay the Planning Agency a fee not to exceed $ 6,305.00 (six thousand three hundred and five dollars) during the period beginning July 1, 2021 and ending June 30, 2023. These fees will be billed in eight quarterly payments of $788.13 (seven hundred eighty-eight and thirteen cents).    Western Piedmont Council of Governments Community &F Regional Planning  The American with Disabilities Act ADA)pronpisdiscrminationagainst individuals living with a disability. Title I of ADA specifically addresses making public services, programs, buildings, parks, trails, streets and sidewalks accessible to all. Local governments maintaining public facilities and services must comply with ADA accessibility requirements.  COMMUNITY ADA PLANNING WPCOG  SERVICES    Community ADAPlanning  WESTERN PIEDMONT COUNCIL OF COVERNMENTS  WHAT SERVICES CAN YOU EXPECT?  WPCOG can assist local governments perform compliance checks and accessibility assessments fora a variety of pubiecspaceinfasinucture. Performinga self-evaluation enables you to pinpoint facilities, programs, and services that must be modified or relocated to comply with the ADA and ultimately, develop an appropriate Transition. Plan to address these non-compliant: issues.  WPCOG offers services that help identify problem areas and recommend cost-effective solutions for implementation. Our experienced team can lead you through the process, including: Designating an ADA coordinator Providing public notice about ADA Establishing a grievance procedure Developing local design standards Completing a customized self-evaluation of public facilities Preparing a transition plan Approving implementation schedules and budget Monitoring implementation progress Assisting with ADA training  Our skilled staff can streamline this process to a successful completion. Our team can perform self-evaluations of facilities in the public rights- of-way to identify and record non-compliance with the latest ADAstandards. We will provide strategy, guidance, and insight dpwatyourafsalaton and ensure your ADA Transition  requirements  Plan is in place.    AGENDA ITEM 9A  MEMO DATE: SUBJECT:  July 20, 2021 Discussion: Intersection of Sawmills School Rd and Dry Ponds Rd  Discussion:  Staff has been made aware of numerous accidents and/or deaths due to traffic accidents at the intersection of Sawmills School Rd and Dry Ponds Rd. This intersection is a Department of Transportation (DOT) road, not a' Town road. Staffwould like for Council to discuss the matter and see ifDOT should be contacted for a stoplight or some other deterrent to help with the  intersection.  Recommendation:  Staffrecommends Council discuss this matter.    AGENDA ITEM 9B  MEMO DATE: SUBJECT:  July 20, 2021 Discussion:  Resolution Addressing 4110. Ardmore Ln  Discussion:  Staff has been made aware ofnumerous issues at 4110. Ardmore Ln.  Recommendation:  Staff recommends Council discuss this matter.    AGENDA ITEM 11A  MEMO DATE: SUBJECT:  July 20, 2021 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.