AGENDA Sawmills Town Hall Tuesday, April 16, 2019 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 Johnnie Greene Pastor Devin Severt 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 Administrator Christopher Todd Mayor Johnnie Greene Mayor. Johnnie Greene A. March 19, 2019 Regular Meeting Minutes B. March 19, 2019 Closed Session Minutes C. March 26, 2019 Special Meeting Minutes 6. Public Comment 7. Recognitions: A. Recycle Rewards 8. Financial Matters: A. Bad. Debt Write Off 9. Planning Matters: A. Re-appointment Planning Board Members B. Board of Adjustment Vacancies . Planning and Code Enforcement Contract Renewal D. Stormwater. Program Management with WPCOG 10. Public Comment 11. Updates: A. Code Enforcement Report B. Town Administrator Updates C. Council Comment 12. Adjourn March 19,2019 TUESDAY, MARCH 19, 2019 TOWN OF SAWMILLS REGULAR COUNCIL MEETING 6:00 PM COUNCIL PRESENT Mayor Johnnie Greene Keith Warren Rebecca Johnson Joe Norman Clay Wilson Jeff Wilson STAFF PRESENT Christopher Todd Terry Taylor Julie A Good CALL TO ORDER: Mayor Johnnie Greene called the meeting to order. INVOCATION: Pastor Don Ingle gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Johnnie Greene led the Pledge of Allegiance. ADOPT AGENDA: Mayor Johnnie Greene asked for a motion to adopt the March 19,2019 Clay Wilson made a motion, and Jeff Wilson seconded, to adopt the March 19, 2019 Agenda. Agenda. All were in favor. APPROVE FEBRUARY 14, 2019 BUDGET RETREAT MINUTES: Mayor Johnnie Greene asked for a motion to approve the February 14, 2019 budget retreat minutes. Joe Norman made a motion, and Rebecca Johnson seconded, to approve the February 14, 2019 regular meeting minutes. All were in favor. APPROVE FEBRUARY 17, 2019 BUDGET RETREAT CLOSED SESSION MINUTES: Mayor Johnnie Greene asked for a motion to approve the February 14, 2019 Clay Wilson made a motion, and Joe Norman seconded, to approve the February 14, 2019 budget retreat closed session minutes. budget retreat closed session minutes. All were in favor. APPROVE FEBRUARY 19, 2019 REGULAR MEETING MINUTES: Mayor Johnnie Greene asked for a motion to approve the February 19, 2019 regular meeting minutes. Keith Warren made a motion, and Rebecca Johnson seconded, to approve the February 19, 2019 regular meeting minutes. All were in favor. March 19,2019 PUBLIC COMMENT: Mayor Johnnie Greene asked if anyone had any questions or Jon Sanders of 1683 Dry Ponds Rd, which is in the Town of Sawmills ETJ, wanted to see if the Town of Sawmills Code of Ordinances applied to the ETJ. The only Town of Sawmills Ordinances that apply to the ETJ are zoning ordinances and this is not a zoning issue. comments at this time. RECOGNITIONS: RECYCLE REWARDS WINNER: Mayor Johnnie Greene announced Mr. Earl Woods as the March Recycle Rewards winner. A credit of thirty-two dollars ($32.00) will be added to his sanitation bill. No Council action was required. DISCUSSION: STORM WATER RESOLUTION: Town Administrator Christopher Todd stated that the North Carolina Department of Environment Quality sent a Notice of Violation for the Town of Sawmills stormwater program. The Town of Sawmills has been contracting with the City ofLenoir to handle all the Town of Sawmills stormwater and been under the City ofLenoir's stormwater permit. The State ofNorth Carolina nowi requires all: municipalities to obtain their own individual stormwater permit, adopt their own stormwater resolution, and conduct an internal audit oftheir own stormwater processes, The Town of Sawmills would need to adopt al Resolution Affirming the Town of Sawmills' Support Regarding Implementation of a Jeff Wilson madeam motion, and Clay Wilson seconded, to adopt the Resolution Affirming the Town of Sawmills' Support Regarding Implementation of a Complaint NPDES MS4 Complaint NPDES MS4 Stormwater Program. Stormwater Program. All were in favor. YARD OF THE MONTH COMMITTEE: Town Administrator Christopher Todd stated that the Town of Sawmills is currently looking for members for the Yard of the Month Committee. Council spoke with potential members and the following have agreed to serve on the Yard of the Month Committee: Wanda Drum, Marsha Holden and Judy Warren there will be one (1) winner per month. The Council has discussed the way winners were picked in the past and have decided that Joe Norman made a motion, and Keith Warren seconded, to appoint Wanda Drum, Marsha March 19,2019 Holden, and Judy Warren to the Yard oft the Month Committee, with the Committee picking one (1) winner per month. All were in favor. FINANCIAL MATTERS: HUDSON AMERICAN LEGION POST 392 DONATION REQUEST: Mayor Johnnie Greene stated that the Hudson American Legion Post 392 had requested a donation in the Keith Warren made ai motion, and Joe Norman seconded, to give a donation in the amount of two hundred dollars ($200.00) to the Hudson American Legion Post 392. All were in favor. amount of two hundred dollars ($200.00). PUBLIC COMMENT: No one wished to speak. MARCH CODE ENFORCEMENT REPORT: There are five (5) code enforcement cases open: Chaney Carter, owner of 4361 Sawmills School Rd. Overgrown vegetation. Town Planner stated that a letter was sent on July 19, 2018, with a deadline of August 3, 2018. Town Planner stated that the nuisance was abated by the Town on August 10, 2018. Town Planner stated that a lien will be placed on the property for the cost of Teresa Annas Compton, 2296 George Harris Dr. Lawnmower on sidewalks. Town Planner stated that a NOV letter was sent on January 8, 2019; Teresa Annas Compton, owner of 4486 Sawmills School Rd. Dilapidated house. Town Planner stated that a NOV letter was sent on January 8, 2019; 2169Oaktree Ln Apt #8, hole in ceiling-mold growing. Town Planner stated that she spoke with Larry Griffin, owner of apartment building, on January 29, 2019 and he informed Town Planner that he has went to property two (2) times to fix the ceiling and the tenant would not let him in the apartment. The tenant has appealed the eviction. Town Planner stated that she spoke with tenant on the phone and he stated that the landlord had not stopped to fix anything. Town Planner stated that on January 31, 2019 she spoke with tenant to set up an inspection and about getting pictures. Town Planner stated that she spoke with owner and his resident manager again on February 5, 2019 and owner stated that tenant was under eviction and has appealed with the court for a February 21, 2019 court date. Owner stated that the resident manager and himselfhad made several attempts to enter the apartment to make repairs and no one will allow them access, Town Planner stated she has spoken with tenant on three (3) occasions and he was to send pictures of the issues and he has never followed through. Town Planner stated that she has also attempted to contact building inspections to line up an inspection. Received paperwork from court ordered eviction the mowing; March 19, 2019 for tenant. Landlord brought paperwork by. Town Planner sent follow-up letter to landlord to repair property by March 30,2019. Tenant is to be moved from apartment Jessie Kristian Smith, 4215 Trojan Ln. Fowl running loose. Town Planner received a written complaint from adjacent property owner stating that resident at 4215 Trojan Ln had approximately one (1)t to fifteen (15) chickens and six (6) ducks running loose. Traveling public along Trojan Ln are consistently having to stop to wait on ducks to Cross the road or sunning in the road. School buses have needed to blow horns to get them to move. Also, the chickens are digging up the neighbor's property. Town Planner stated that a certified letter was sent to home owner on February 21, 219. Town Planner stated that she visited the site and there were fowl running loose in the back yard and roosting. There are also materials accumulation surrounding the home, by March 15,2019; which looks as though property owners are building a fence. No Council action was required. TOWN ADMINISTRATOR UPDATES: Town Administrator Christopher Todd stated that there are directional boring going on now at Baird Park for the ballfield lights. Town Administrator Christopher Todd stated that the lights should be up and running by the end of Town Administrator Christopher Todd also stated that the lights are up and working at the Town Administrator Christopher Todd also stated that there will be more ball teams this season for the Sawmills Optimist and the lights will be up and working before games start. Town Administrator Christopher Todd stated that the attorney for the Timberline Property has been in contact with Town Attorney Terry Taylor and the attorney is working on trying COUNCIL COMMENT: Mayor Johnnie Greene asked if anyone on the Council had any March and Baird Park will be opened back to the Public. walking track in Baird Park but they will be repositioned. tos sell the property. questions or comments at this time. Joe Norman stated wanted to thank everyone for coming out. Keith Warren wanted to thank everyone for coming out. Clay Wilson wanted to thank everyone for coming out. CLOSED SESSION: ATTORNEY CLIENT PRIVILEGE: Mayor Johnnie Greene asked Jeff Wilson made a motion, and Joe Norman seconded, to go into closed session at Rebecca Johnson made a motion, and. Joe Norman seconded, to come out of closed session at for a motion to go into closed session. approximately 6:37 pm. All were in favor. March 19,2019 approximately 6:54pm. All were in favor. COUNCIL ADJOURN: Mayor Johnnie Greene asked for a motion to adjourn. Jeff Wilson made a: motion, and Clay Wilson seconded, to adjourn the meeting. All were in favor. The meeting was adjourned at approximately 6:58pm. Johnnie Greene, Mayor Julie A. Good, Town Clerk Page 1of2 TUESDAY, MARCH 26, 2019 TOWN OF SAWMILLS SPECIAL COUNCIL MEETING 6:00 PM COUNCIL PRESENT Mayor Johnnie Greene Clay Wilson Keith Warren Rebecca Johnson Joe Norman STAFF PRESENT Christopher Todd Julie A Good ALSO PRESENT WERE Sheriff Alan Jones Major Marc Jardan CALL TO ORDER: Mayor Johnnie Greene called the meeting to order at approximately 6:06pm. INVOCATION: Shane Mask gave the invocation. Elementary School led the Pledge of Allegiance. PLEDGE OF ALLEGIANCE: Mayor Johnnie Greene and Michael Walsh from Sawmills ADOPT AGENDA: Mayor Johnnie Greene asked for a motion to adopt the agenda. Keith Warren made a motion, and Joe Norman seconded, to adopt the agenda. All were in favor. LAW ENFORCEMENT PRESENTATION: Town Administrator Christopher Todd gave as short presentation about the Town contracting with the Caldwell County Sheriff's Department for two (2) deputies to be stationed in the Town of Sawmills for twelve (12)hour shifts each. PUBLIC COMMENT: Allen Barger spoke against contracting with the Caldwell County Sheriff's Department. Kelly Price spoke against contracting with the Caldwell County Sheriff's Department. Benny Shinault spoke for contracting with the Caldwell County Sheriff's Department. Shelda Aultman had some concerns about contracting with the Sheriff's Department. Mike Harris spoke against contracting with the Caldwell County Sheriff's Department. Donnie Potter spoke for contracting with the Caldwell County Sheriff's Department. Roger Austin spoke for contracting with the Caldwell County Sheriff's Department. March 26, 2019 Page 2of2 Billy Slater had some concerns about contracting with the Caldwell County Sheriff's Rob Byerly spoke for contracting with the Caldwell County Sheriff's Department. Breanna Stamey spoke for contracting with the Caldwell County Sheriff's Department. Sandra Austin spoke for contracting with the Caldwell County Sheriff's Department. Reed Lingerfelt spoke for contracting with the Caldwell County Sheriff's Department, Diane Blanton spoke for contracting with the Caldwell County Sheriff's Department. Shelly Hartley spoke for contracting with the Caldwell County Sheriff's Department. Michael Ray spoke for contracting with the Caldwell County Sheriff's Department. Christy Grogan Campbell spoke for contracting with the Caldwell County Sheriff's Department. Department. ADJOURN: Mayor Johnnie Greene stated no Council action was required and asked for a Keith Warren made a motion, and Rebecca Johnson seconded, to adjourn the meeting. All motion to adjourn the meeting. were. in favor. The meeting ended at approximately 7:27pm. Johnnie Greene, Mayor Julie A Good, Town Clerk AGENDA ITEM7A MEMO DATE: SUBJECT: April 16,2019 Recognition: Recycle Rewards Program Discussion: The Town of Sawmills would like to congratulate Mr. Paul Blair on winning the Recycle Rewards Program for the month of April. 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: FROM: DATE: SUBJECT: Christopher Todd/Town Administrator Karen Clontz/Finance Officer April 15, 2019 Financial Matters: Wate/Sewer/Santation Bad Debt Write Off Discussion: Attached is a list ofaccounts which have gone unpaid for Utility and Sanitation services during the calendar year 2015. The Town does not expect to collect payment. The total amount is $5,402.11. Included in this amount are 35 accounts with balances of $50, and above, totaling $3,119.07. These accounts have been submitted to the NCI Debt Setoff Program for collection. As oft this writing, the Town has recovered $5,528.35 from previous years. There are sufficient funds budgeted for this reason. Recommendation: Staff recommends Council approve the bad debt write off amount of $5,402.11. Agenda 8A Town of Sawmills Bad Debt Write Off for Calendar Year 2015 Acct! # NAME DATE 12/31/2015 3/2/2015 1/6/2015 12/1/2015 4/2/2015 4/2/2015 10/27/2015 9/23/2015 2/3/2015, 7/7/2015 1/28/2015 10/27/2015 7/7/2015 6/30/2015 2/3/2015 12/31/2015 12/31/2015 4/20/2015 6/4/2015 6/30/2015 12/31/2015 4/6/2015 5/5/2015 7/7/2015 1/6/2015 4/2/2015 12/31/2015 3/2/2015 4/6/2015 4/27/2015 2/27/2015 7/7/2015 10/9/2015 11/23/2015 3/2/2015 3/2/2015 7/7/2015 12/31/2015 5/5/2015 2/27/2015 3/2/2015 7/7/2015 6/2/2015 3/2/2015 Amount Owed $48.40 $92.40 $46.20 $45.41 $65.70 $99:40 $50.70 $91.00 $110,95 $5.65 $12.00 $50.60 $13.51 $20.05 $19.60 $66:90 $0.70 $3.95 $27.50 $3.00 $46.55 $24.00 $1.15 $34.45 $33.50 $9430 $7.50 $3.00 $24.00 $39.40 $3.00 $24.00 $27.50 $42.90 $142.75 $52.50 $18.20 $150.81 $1.15 $74.00 $53:45. $73.40; $104.75 $43.29 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 44 299 MARTHA MINTON 389-DELANOB: BRYANT 484 ANGELA HAMM 656 SONYA HELTON 968 RUSSELLMILLER 1406 DOROTHY BRITTIAN 1828 KEVIN SHEHAN 216J0EGIBBS 2BDARRELECONPION 3755 AMI BRANDT 5139 CAROL ABERNATHY 5158 PEIKONATBROONETELD 5324 JASON HOLLARS 5705 WILLIAMHEATH 5878 MELODY STYLES 6246,ZANEFETTER 6330 GERALD CHURCH 6697 ROBERT BOBBITT 6982 TARA WAUGH 6990 JORDAN RANKIN 7136 NOLA. ZAREMBA 7338 JAMES CARLISLEJR 7387 LANITA MORGAN 7409 DEANNA POOVEY 7452 JORDAN TRIVETT 7570 BRADLEYHODGE 7711 ZACHARY KUNKLE 7760 JESSICA BOLANOS 7754 CHARLES CROUCH 7987 CODY CONNER 8051 KEVINHILL 8097 JASONMORIN 8128 ANGELO: BENTLEY 8188 KEVIN YOUNCE RIBUIYBAKWACONER. JR 8262 LARRY BROOKS 8264 JOHN RANKIN R27TANYAIEFNER 8275 LISA WHISENANT 8286 KAYLA PETRONE 8311-NICHOLE KIMBALL 8327 WHINEYHATTON 8328 DONNAKELLEX 8345 CHARLES SEXTON,JR 1 Agenda 8A Town of Sawmills Bad Debt Write Off for Calendar Year 2015 Acct# NAME DATE 7/7/2015 1/6/2015 11/30/2015 8/27/2015 8/13/2015 11/16/2015 8/10/2015 7/7/2015 16/2015 9/25/2015 6/2/2015 12/1/20151 11/20/2015 2/3/2015 12/1/2015 7/7/2015 4/2/2015 1/6/2015 3/2/2015 10/30/2015 8/26/2015 1/6/2015 6/2/2015 1/6/2015 2/3/2015 2/2/2015 11/16/2015 6/2/2015 2/3/2015 2/3/2015 2/3/2015 7/31/2015 7/31/2015 5/5/2015 5/8/2015 1/6/2015 1/6/2015 6/2/2015 8/7/2015 6/2/2015 6/30/2015 1/6/2015 11/24/2015 9/28/2015 Amount Owed $34.45 $11.14 $8.00 $47.95 $21.00 $25.50 $48.00 $64.01 $49:50 $10.15 $63,90 $81.25 $37.50 $5.65 $4.90 $42.05 $56:45 $9.70 $41.15 $1.15 $18.20 $43.84 $51.95 $22.70 $11.05 $10.60 $46.50 $18.20 $45.70 $33.55 $24.55 $52.85 $55.55 $94:30 $25.50 $64,60 $18.20 $4.90 $18.00 $9.11 $43.95 $22.70 $1.15 $6.10 45 46 47 48 49 50 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 85 86 87 88 8352 BRADLEY MILLER 8370 THOMASJACKSON 8374 DAWNLONDON PAGE 8416 JESSICA EPPERSON 8440 JAMIE FARLEY 8436 DEBBIE LEMAIRE 8450 TRACY SMITH 8451GARY KIRK 8452 ENDELIFELDS 8457 MICHAEL GOSSELIN 8458 ANGELITA BHUGGINS 84BS.MISIYIEDFORD 8485 JEFFREY WORCESTER 8486 VIRGINIA LACKEY 8487 KEEVANJACUMIN 8499 RYANI DULA 8502-DANTEL COFFEY 8510 ASHLEY WHITENER 8516 EDENDEFOSSES 8517 SUE CHAMBERS 8542 CYNTHIA HUFFSTETLER 8543 HEATHER MALLORY 8558 RUBY ROSE 8560 DONALD RAY PONTHIEUX 8566 TALIA M CARTER 8567 BLAKE HICKS 8572 TUESDAY M: BUTCHER 8578 TERRY SHOENFELT 8581 CLIFTON SHANE GOBLE 8585 TRACY FIELDS 8590 CASEY MARIE HART STAYIORSAGEMITTE 8595 KATHY KIZIAH 97AAMEKAROUSEAU 8601 BELINDAJEAN: HOLMAN 8607-ROBBIE NEELY 8618 JORDAN BUMGARNER 8624 CHRIS. ANNAS 8625 BARBARA MATHESON 8635 DUSTIN CHILDRESS 8637 KIMBERELY ARLENE. HALL 8638 WILLIAM DAVIDTAYLOR 8641 STEVEN ALLANHAAS 8650 ANNA PENINGER 2 Agenda 8A Town of Sawmills Bad Debt Write Off for Calendar Year 2015 Acct# NAME DATE 1/28/2015 10/27/2015 8/13/2015 12/31/2015 4/2/2015 8/4/2015 6/12/2015 8/4/2015 6/30/2015 8/4/2015 3/26/20155 12/4/2015 5/5/2015 8/28/2015 8/26/2015 4/27/2015 5/28/2015 9/28/2015 8/4/2015 12/15/2015 6/9/2015 11/10/2015. 9/28/2015 12/2/2015 10/26/2015 8/4/2015 12/1/2015 12/31/2015 12/31/2015 9/11/2015 12/1/2015 12/1/2015 12/1/2015 12/2/2015 Amount Owed $18.70 $54.40 $7.50 $24.00 $3.00 $36.65 $8.50 $268.07 $27.65 $22.00 $408.65 $54.40 $36.20 $23.65 $99.59 $14.65 $56,50 $24.90 $43.95 $0.70 $18.00 $75:00 $24.00 $33.50 $42.90 $24.00 $79.40 $12.00 $34.45 $312:50 $23.08 $6.10 $32.15 $51.05 $5,402.11 $3.119.07 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 8656 RANDALL WILSON 8658LARRY WNANCE 8663 DAMON HAMBY 8666 FLOYD NORRIS 8667 TRISHA WEBSTER 8670 ABRIANNA GODFREY 8672 ANTHONY FRANK 8673 ESSICAPROVANCE: 8675 ERWIN COLLINS 8691 PIEDMONT NATURAL GAS 8694 MARYBPELLEX XG,ASMINEANDRENS 8697 CRAIG HAZZARD 8698 JONATHANPETTIT 8699AMANDA MORGAN 8700 STEPHANIE JARVIS S70JONATIONBEEDE 8748 MARGO HARRIS 8750 CHRISTY SMITH 8753 CINDY WEBSTER 8757 APRIL COGDELL 8768 NOELCRUZ 8773 ANN: FREEMAN 8782 JESSICA LHOLLINS 8801 SOMMER MILLER 8814 TIMOTHY ANDREWS 8815JOHN PAULLEISSEAL 8839 DAVID: KELLY 8844 MICHELLELI BOLICK 8860 SUMMERFOWILER 8863 TERESA A REED 8899 JENNIFER LYNN SHOOK 8920 BRYAN SCOTT. JONES 8925'CARRIE VANCOUR: * Account balances $50, and above, have been placed with the NC Debt Setoff for.collection: 3 AGENDA ITEMS 9A MEMO DATE: SUBJECT: April 16, 2019 Planning Matters: Re-Appoint Planning Board Members Discussion: 2018: The term of appointment for the following Planning Board Members expired on September 1, Steve Duncan David Powell Town Clerk Julie Good has contacted the members and both are willing to serve another term. Recommendation: Staff recommends Council re-appoint the two (2) members to the Planning Board. AGENDAITEM9B MEMO DATE: SUBJECT: April 16, 2019 Recognition: Board of Adjustments Vacancies Discussion: The Board of Adjustments has a vacancy for an ETJ Member seat. be an appointment needed for an in-town seated position. Both positions are seated Board members. Due to Board of Adjustment Member, Todd Hess, moving out oft the Town limits there will also Recommendation: Staffrecommends Council discuss this matter and decide how they wish to proceed. AGENDA ITEM9C MEMO DATE: SUBJECT: April 16, 2019 Planning Matters: Planning and Code Enforcement Contract Western Piedmont Council of Governments with Discussion: The current contract with the Western Piedmont Council of Governments (WPCOG) for planning services will expire on June 30, 2019 and will need to be renewed. If renewed, the enclosed The amount of the contract will not exceed twenty-three thousand seven hundred thirty dollars ($23,730.00) and will be billed in equal twelve (12) monthly payments of one thousand nine hundred seventy-seven dollars and fifty cents ($1,977.50). This expenditure is included in the FY contract will be effective starting July 1,2 2019 and ending June 30, 2020. 2019-2020 budget. 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: JULY1,2019-JUNE: 30, 2020 WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND This AGREEMENT, entered into on this the first day ofJ July, 2019, by and between the Western Piedmont Council ofGovernments (hereinafteri 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 oft the provision of services as described in Attachment A, which is herein made a part of 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 the 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 advisoryboards, 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 $23,730 (twenty-three thousand seven hundred and thirty dollars) during the period beginning July 1, 2019 and ending June 30, 2020. These fees will be billed in twelve equal monthly payments ofs $1,977.50 (one thousand nine hundred seventy- an agreed-upon ratio. 3. seven dollars and fifty cents). Page 2 of3 4. Termination/Modifications. The Local Government may terminate the Contract by giving the Planning Agency a thirty-day written notice. Furthermore, ift there is ai need to amend thej proposal outlined in Attachment A, either party maydo SO with Time of] Performance. 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 1,2019 and ending June 30, 2020. 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 localityi 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 tol 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 in 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 of 1973, 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 of the other. 5. 6. to the purpose oft this section, 7. Development Act of1974, Section 109. 8. receives or benefits from federal financial assistance. 9. Page 3of3 IN WITNESS WHEREOF, the Planning Agency and thel Local Government have executed this Agreement as oft the date first above written. LOCAL GOVERNMENT: TOWN OF DREXEL 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 OFS SAWMILLS TECHNICAL PLANNING ASSISTANCE: JULY1,2019-JUNE: 30,2020 WORK PROGRAM/BUDGET 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 ofGovernments for the Town ofSawmills. The product(s) oft 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 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 of this contract. BUDGET The contract budget, including all salaries, fringe benefits, travel expenses and indirect costs, totals $23,730 (twenty-three thousand seven hundred and thirty dollars) during the period begiminglwyl,2019ami ending June 30, 2020. These fees will be billed in twelve equal monthly payments of $1,977.50 (one thousand nine hundred seventy-seven dollars and fifty cents). AGENDA ITEM 9D MEMO DATE: SUBJECT: April 16, 2019 Discussion: Adopt Storm Water Discharge Program Agreement with Western Piedmont Council of Governments Discussion: The current agreement between the City of] Lenoir and the Town of Sawmills expires on June 30, 2018. The enclosed Storm Water Discharge Agreement between the Western Piedmont Council of Governments (WPCOG) and the Town of Sawmills will be effective. July 1, 2019 and expire June 30, 2020. The cost the Town will pay the WPCOG to continue responsibility of the plan is in the amount of $23,698.00 (twenty-three thousand six hundred ninety-eight dollars). There are sufficient funds in the budget for this purpose. Recommendation: Staffrecommends Council to approve the Storm Water Discharge Program Agreement in the amount of $23,698.00 (twenty-three thousand six hundred ninety-eight dollars) and covering the period ofJuly 1, 2019 to. June 30, 2020. Program Description Stormwater Ordinance WPCOG will create a stormwater management plan and a modél and Management Plan ordinance. to fit the needs of your. Town, as well as, ensure: NC Adoption Stormwater. requirements are being met, Each Town willl be responsible for the implementation ofthe stormwater ordinance: WPCOG will host one public meeting on your behalf to discuss quality. Cost includes the newspaper adi for public notice. WPCOG will enforce the Town's Stormwater ordinance provisions within their jurisdiction: Public Input stormwater best practices and the importance of maintaining water Ilicit Discharge for illicit discharge. Civil, pénalties should be set ini the Town's Detection and adopted ordinance. If çompliance has not been achieved or fees Elimination have not been paid, WPCOG will coordinate: with the Town when proceèding with legal action to gain compliance. Service will) be both. land and water, based. Should your town lie on, a water body WPCOG will monitor the shorelines by boat quarterly. Erosion and: Sediment This is currently handled by DEQ; therefore the WPCOG will not be Construction. Site administering service in this area. The Town should coordinate Post-Construction Site WPCOG would liké to gauge interest to serve local municipalities Runoff Controls for post-construction measures. This serviçe would include review, Controls complaints with DEQ. maintènance of all records and collection. of annual inspections. Good Housekeeping and One training per year will be provided to staff on best practices and Pollution Prevention, for appropriate reporting. Municipal Operations This is the traditional service that the COG has offered. Staff speaks Lenoir Rhyne University to meèt the outreach requirements Educational Outreach to over 400 students a year and holds an annual. conference àt imposed by the state. The scope of the services may change based on DEQ; however the price quote for FY19 is reliable. The total costf for Sawmills is $11,849 for all work elements above. AGREEMENT BETWEEN THE THE TOWN OF SAWMILLS STORMWATER PARTNERSHIP JULY1,2019 - JUNE 30, 2021 WESTERN PIEDMONT COUNCIL OF GOVERNMENTS AND FOR. ASSISTANCE IN SUPPORTINGTHE WESTERN PIEDMONT ThisAGREEMENT, to be effective on the 1st day ofJuly, 2019,bya and between the Western Piedmont Council ofGovernments (hbereinafterreferred to as the "Planning Agency") and the Town of Sawmills, North Carolina (hereinafter referred to as the "Local Government'); WITNESSETH THAT: WHEREAS, thel 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 WaterN Management inl New Development and Redevelopment, and Pollution Prevention/Good Housekeeping for Municipal Operations. ("Stormwater Partnership" hereinafter) ; 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 the proposed assistance and services are carried 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 personnel to the Office/Equipment, The Planning Agency will provided office space, miscellaneous office supplies, office equipment, software, and hardware necessary to perform the herein. 2. 3. Local Government. 1of6 work described in this contract. 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 for the period beginning July 1, 2019 and ending June 30, ,2021 is not to exceed $23,698 (twenty-three thousand six hundred ninety-eight dollars). These fees willl be billed ini twenty-four equal monthly payments of$987.42 (ninehundred eighty-seven dollars and forty-two cents). 5. Non-salary Expenses. (a) The Planning Agency personnel's local travel mileage will be considered to be a part of the Scope ofWork as outlined in Exhibit A. (b) The Stormwater Partnership will pay for personnel's travel expenses related to attendance ofconferences, conventions, and seminars ifthe 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, ift there is a need to amend the proposal outlined in Attachment A, eitherparty maydo sO with the Time of Performance. The Planning Agency shall ensure that all services required herein shall be completed during the period beginningJuly! 1,2019 and ending June Interest ofMembers. Officers, or Employees ofthe PlanningA Agency.Members of the Local Government, or Other Public Officials. No member, officer, or employee oft the Planning Agency or its agents; no member ofthe governing bodyof 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 be performed in connection with the program assisted under this Agreement. Immediate family members ofs said members, offiçers, employees, and officials are similarly barred from having any financial interest in the program. The Planning. Agencyshall incorporate or causet tol bei incorporated in all such contracts or subcontracts, a provision prohibiting such interest pursuant to the purpose of this government rate. 6. written consent of the other. 7. 30,2021. 8. section. 2of6 9. Nondiscrimination Clause. No person in thel 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 fundedi in whole or in part with funds available under the Housing and Community Development Act of 1974, Section 109. 10. Age Discrimination Act of1975, as amended. No qualified person shall on the basis ofage be excluded from participation in, be denied thel benefitsof, or otherwise be subjected to discrimination under any program or activity which receives or benefits from federal financial assistance. 11. Section 504, Rehabilitation Act of 1973, as amended. No qualified handicapped person shall, on thel 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. 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 COUNCILOF By: By: Town Manager Executive Director Attest: By: Planning Agency: By: Town Clerk Chairman Preaudit statement: Thisinstrumenthas been preaudited in the manner prescribed byt thel Local Government Budget and Fiscal Control Act. By: Local Government Finance Officer 4of6 EXHIBIT A THE TOWN OF SAWMILLS JULY1,2019 -. JUNE 30, 2021 WESTERN PIEDMONT STORMWATER PARTNERSHIP PROGRAM 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 ini the Stormwater Partnership. 1. The Western Piedmont Council ofGovernments staffwill work with thel Local Government's Staffto adapt the work plan and priorities as needed to satisfactorlyimplement requirements in 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 NPDES Phase II Permits and management plans. Government's Stormwater Management Plan. Public Involyement and Participation - The Planning Agency will manage planning and implementation of public events for stormwater information to the general public as well as coordination of volunteer 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 Government's Construction Site Stormwater Runoff Control - North Carolina Division of Environmental Quality is responsible for the Local Government's Construction Site Stormwater RunoffControl 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, Stormwater Management Plan. 5of6 and files associated with Post Construction as required by the NPDES Phase II Permit and outlined in theLocal 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 ITEM11A MEMO DATE: SUBJECT: April 16, 2019 Updates: Code Enforcement Monthly Report Discussion: the town. Recommendation: No Council action required. The attached report shows the progress that Planner Hunter Nestor continues to make throughout