AGENDA Sawmills Town Hall Tuesday, February 20, 2018  Regular Meeting of the Sawmills Town Council  6:00 pm  1. Call To Order 2. Invocation 3. Pledge of. Allegiançe 4, Adopt. Agenda 5. Approve Meeting Minutes 6, Public Comment 7. Recognitions: A. Recycle Rewards 8. Discussion: 9. Planning:  Mayor Johnnie Greene Mayor Johnnie Greene Mayor. Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Johnnie Greene Mayor Jobnnie 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. January 16, 2018) Regular Meeting Minutes B. January 18, 2018 Special Meeting Minutes  B. Sawmills Volunteer Fire & Rescue Department Awards A. Agreement tol Purchase Waste-Water Treatment Services A. Recommendation for Planning Board ETJ Vacant Seat B. Call for Public Hearing: Sign Ordinance Text Amendment  10. Public Comment 11. Updates:  A. Code Enforcement Report B. Town Administrator Update B. Council Comment 12. Adjourn    Page lof5  TUISDAY,JANUARYIG, 2018  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT Mayor Johnnie Greene Clay Wilson Keith Warren Jeff Wilson Rebecca Johnson Joe Norman  STAFF PRESENT Christopher Todd Terry Taylor Julie A Good  CALL TO ORDER: Mayor Johnnie Greene called the meeting to order.  INVOCATION: Pastor Sam Craven gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Johnnie Greene led the Pledge of Allegiance.  ADOPT. AGENDA: MayorJohnnie Greene asked for amotion to adopt the. January 16,2018 Joe Norman made a motion, and Clay Wilson seconded, to adopt the January 16, 2018  Agenda.  Agenda. All were in favor.  APPROVE DECEMBER 19, 2017 REGULAR MEETING MINUTES: Mayor Johnnie Greene asked for a motion to approve the December 19, 2017 regular meeting minutes. Clay Wilson made a motion, and Joe Norman seconded, to approve the December 19, 2017  regular meeting minutes. All were in favor.  PUBLIC COMMENT: Mayor Johnnie Greene asked if anyone had any questions or  comments at this time. No one wished to speak.    January 16, 2018 Page 20 of5  RECOGNITIONS:  RECYCLE REWARDS WINNER: Mayor Johnnie Greene announced Ms. Amanda Perry as the. January Recycle Rewards winner. A credit oft thirty-two dollars ($32.00) will be added  tol her sanitation bill. No Council action was required.  DISCUSSION:  COMPREHENSIVE ECONOMICDEVELOPMENT STRATEGY PRESENTATION: The Western Piedmont Council of Governments Director, Anthony Starr, presented the Comprehensive Economic Development Strategy (CEDS). CEDS is an important tool used toe encourage and equip the region's counties and communities with strategies to improve  economic conditions and the quality oflife for residents.  No council action needed.  SAWMILLS FIRE DEPARTMENT WATER BILL: Mayor Johnnie Greene stated that the Sawmills Fire Department has requested that the Town Council formally address their November 2017 water and sewer bill because of a leaking commode. 59,000 (fifty-nine thousand) gallons of water passed through the meter during the month of October and the Sawmills Fire Department typically uses between 3,000 (three thousand) gallons and 5,000 (five thousand) gallons. Due to the unusually high usage, Town staff flagged the meter to be reread and Public Works Director Ronnie Coffey reread the meter on October 25, 2017. Public Works Director Ronnie Coffey noticed the meter was running, which indicated something was going on in the building, and spoke with a fireman that was on duty. Public Works Director Ronnie Coffey and the fireman found a running commode inside the building and turned the water off to that commode. Public Works Director Ronnie Coffey went back and read the meter later the day of October 25, 2017, after the commode was fixed and the The staff's interpretation of the Town's Utility Billing Policy is that commode leaks are ineligible for a water or sewer credit. The policy currently states that, "The Town will adjust water and sewer use on bills in case of hidden underground leaks in service lines located between the meter and the house and busted or leaking pipes inside the home." The Town Council discussed this matter during the November 2017 Town Council meeting, at which time they chose to take no action and keep the current policy.  meter was no longer running.  No Council action was taken.    January 16, 2018 Page 30 of5  FIREARMS ORDINANCE: Mayor Johnnie Greene stated that the Town Council was addressed by resident Dean Hall during the regularly scheduled December 2017 public comment time period. Mr. Hall was concerned about the use of firearms near his home, due to both safety issues and the noise created from the discharge of firearms. The Town of Sawmills does have an ordinance governing the discharge of firearms within it's municipal limits. Ordinance $130.04 reads "No person, except an officer in the discharge of his or her duties, shall shoot any firearms within 4001 feetofaresidential dwelling, except on his or her During 2017 the Caldwell County Sheriff's Department responded to thirty-three (33) discharge of firearm calls, and approximately five (5) loud noise nuisance calls related to Currently the municipalities ofI Lenoir, Granite Falls and Hudson have ordinances that do not allow the discharge of firearms within their municipal limits. The Town of Sawmills ordinance was put in place in 1991 with the recognition of the rural character of the  property in defense of life or property."  firearms.  community.  No council action was taken. PUBLIC COMMENT:  Jake Ramsey, property owneri in the Town of Sawmills, wanted to thank everyone for all they have done for the Sawmills Café and apricates everyone who has came out and ate there.  UPDATES:  JANUARY CODE ENFORCEMENT REPORT: Town Planner Leslie M. Meadows  stated that there are nine (9) code enforcement cases open:  Teresa Annas Compton is the owner ofa dilapidated house located at 4476 Sawmills School Road. An official hearing was held December 19, 2017. Ms. Compton did not attend. A Findings of Fact and Order for repair or demolish within fifteen (15) days was sent from the Town Attorney's Office on December 21, 2017. There has been no contact from Ms. Compton. The Town can move forward with contracting out abatement efforts (demo and removal) and require reimbursement in the form ofa WNC Properties, LLC owner of 4209 Creekview Pl. Minimum housing complaint. Town Planner Leslie M. Meadows stated that she needs to verify complaint before arranging site visit with Caldwell County Building Inspector Mark Annas and current David Graham (Landlord) owner of 4176 US Highway 321A. Minimum housing complaint. Town PlannerI Leslie M. Meadows stated that she needs to verify complaint before arranging site visit with Caldwell County Building Inspector Mark Annas and  lien on thé property;  resident;  current resident;    January 16, 2018 Page 4of5  Carolyn Bray/Robyn Brittian, owner of2570 Baker Cir. Abandoned mobile home. Town Planner Leslie M. Meadows stated that she is unable to contact Ms. Brittan or an update, but financially, Ms. Brittan has stated that she cannot pay for removal or any accrued fines. A final Notice ofViolation packet from the Town Attorney's office to set a hearing date will be needed before the Town can contract out the abatement efforts (demo and removal) and require reimbursement in the form of a lien on the John "Jody" McRary and neighbors, Jody Drive. Outdoor storage/junk vehicles in ROW/freight container. Tlisisanon-conforming use, Impressive Auto, encroaching on neighborhood and blocking street for Fire & Rescue/Trash Pick-up. A code enforcement committee meeting was held on December 28, 2017 for this matter. It was decided that the Town would look into the cost of relocating the shipping container for the landowner, in order to avoid any ordinance amendments that could Sasser Family, LLC, owner 2526 Meadows Park Lane. Minimum housing complaint. Town Planner Leslie M. Meadows stated that she needs to verify complaint before arranging site visit with Caldwell County Building Inspector Mark Annas and current Jose Montes, owner 4321 Cherokee Court. High grass/junk vehicles. Town Planner Leslie M. Meadows stated that she spot checked property on January 4, 2018. All original junked vehicles have been removed, but a different vehicle with the hood up being worked on was in the cul-de-sac. Still no indication of progress on installation of a proper off-street driveway. Small lot size and steep slope are limiting factors. This is aj possible case for code enforcement committee consideration; Janice Griffin, Trustee ofIona Griffin, 2148 Oaktree Ln. Abandoned, partially burned apartment building. Town Planner Leslie M. Meadows stated that she received a response from Janice Griffin's attorney stating Lewis Miller Construction is currently in the process of demolition and removal. Once clean-up is complete, permits are to be obtained to begin rebuilding. Estimated date for new construction to begin is mid- January. Town Planner Leslie M. Meadows stated she spot checked the site on January 4, 2018, and the roof/top story has been removed sO far (there is photo documentation) and Town Planner Leslie M. Meadows will continue to monitor; storage/overgrown vegetation. Town Planner Leslie M. Meadows stated she spot checked and sent a Notice ofViolation Letter on December 28, 2017, with a deadline of January 16, 2018. Town Planner Leslie M. Meadows stated that the owner contacted her on January 4, 2018, and agreed to begin trying to relocate the two (2) junked vehicles. The truck needs work to reattach tot the frame before itcan bei moved. The family has just recently moved and is still using the property for storage. Homeowner stated that the intent ist to eventually clean up and sale the property (Town Planner Leslie M. Meadows has photo documentation and will continue to: monitor).  property;  result in the influx ofthese containers in residential areas;  resident;  Jeremiah Taylor, owner of 4190 Duff Dr.  Junked vehicles/outdoor  No Council action was required.    January 16, 2018 Page 5of5  TOWN ADMINISTRATOR UPDATE: Town Administrator Christopher Todd stated that Town Council had applied for two (2) grants for a GIS inspired project (one grant for water and the other for sewer) that would put water and sewer lines on a GIS site. The date has been Town Administrator Christopher Todd stated that the Town is continuing to work on the Virginia Acres sewer project. Letters went out for surveying to be done and then easements will need to be signed. Town Administrator Christopher Todd also stated that there have been very positive reactions to the project overall sO far with some minor concerns of where the Town Administrator Christopher Todd stated that the Horseshoe Bend waterline extension project is getting close to be completed. The project has approximately two (2) more weeks, weather permitting. Town.Administrator Christopher Todd stated that the contractorhas done avery good job and not had to take Public Works employees away from their normal job.  pushed back for the grant awards until March.  lines were going to be placed.  COUNCIL COMMENT: Mayor Johnnie Greene asked if anyone on the Council had any  questions or comments at this time.  Jeff Wilson stayed he hoped everyone had a good night.  Mayor Johnnie Greene wanted to thank everyone for coming out and thank Council forag good  job.  COUNCIL ADJOURN: Mayor Johnnie Greene asked for a motion to adjourn.  Jeff Wilson made a motion, and Joe Norman seconded, to adjourn the meeting. All were in  favor.  Johnnie Greene, Mayor  Julie A. Good, Town Clerk    Page 1 of2  TICIDA,ARUARYKNN "COFFEE WITH THE COUNCIL"  TOWN OF SAWMILLS SPECIAL COUNCIL MEETING  6:00F PM,  COUNCIL PRESENT Johnnie Greene Rebecca Johnson Joe Norman Keith Warren Clay Wilson JeffWilson  STAFF PRESENT Christopher Todd  CALL TO ORDER: Mayor Johnnie Greene called the meeting to order. INVOCATION: Councilman Keith Warren 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 agenda. Joe Norman made a motion, and Keith Warren seconded, to adopt the agenda. All were in  favor.  DISCUSSION: The following items were discussed:  Parks and Recreation O There was no citizen input Water and Sewer Rates There was no citizen input Sawmills Farmers Market There was no citizen input Public Works There was: no citizen input Town Events There was: no citizen input Ideas from the Public  Citizen, Roger Teague suggested the Town Council discuss lowering the speed limit from 45 MPH to 35 MPH on 321-A between Bakers Circle and  the southern end oft the town' 's municipal limits.    January 25, 2018 Page e2of2  ADJOURN: Mayor Johnnie Greene stated no Council action was required and asked for a Jeff Wilson made a motion, and Rebecca Johnson seconded, to adjourn the meeting. All  motion to adjourn the meeting.  were in favor.  Julie. A Good, Town Clerk  Johnnie Greene, Mayor    AGENDA ITEM 7A  MEMO DATE: SUBJECT:  February 20, 2018 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Clayton Alrecht on winning the Recycle Rewards Program for the month of February. 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 7B  MEMO DATE: SUBJECT:  February 20, 2018 Recognition: Sawmills Volunteer Fire & Rescue Department Awards  Discussion:  Mayor Johnnie Greene will be presenting awards of appreciation to the following Sawmills  Volunteer Fire & Rescue Department members:  Firefighter of the Year First Responder of the Year Officer of the Year Officer of the Year  Firefighter Grant Newton Firefighter Christy Bumgarner ChiefDavid Price Firefighter Keith Gibbons  Recommendation: No Council action is required.    AGENDA ITEM8A  MEMO DATE: SUBJECT:  February 20, 2018 Discussion: Agreement to Purchase Waste-Water Treatment Services  Discussion:  The Town of Sawmills Wastewater Agreement with the City ofLenoir has expired. AI new agreement has been drafted and reviewed by staff. Staffbelieves the new agreement to be sufficient to meet the sewer needs through the life ofthe agreement. Attached is the new draft agreement for the Town Council's review. The main aspects of the agreement are as follows-  The agreement would be effective until February 2033 The maximum gallons per day is to be negotiated every five (5) years The current maximum gallons per day in the agreement is 250,000 The new agreement would put in place a tiered billing structure  The Town of Sawmills is currently sending 50,000 gallons per day to be disposed ofby  the City ofLenoir  Recommendation:  Staff recommends Council discuss this matter and decide how they wish to proceed.    STATE OF NORTH CAROLINA COUNTY OF CALDWELL  AGREEMENT TO PURCHASE WASTEWATER TREATMENT SERVICE THIS CONTRACT is made and entered into this fs day of februery 2012 by and between the City of Lenoir, a North Carolina Municipal Corporation hereinafter referred to as "Lenoir" and the Town of Sawmills, a North Carolina Municipal  Corporation hereinafter referred to as "Sawmills".  WITNESSETH  WHEREAS, Lenoir and Sawmills. are political subdivisions of the State of North Carolina, both having the power and authority to enter into this agreement, and the signatories hereto have been authorized to execute this document on behalf of the Lenoir  City Council and the Sawmills; and  WHEREAS, Lenoir currently owns and operates a wastewater treatment plant (Gunpowder Creek WWTP) and collection system, and is engaged in the enterprise of managing, operating, and maintaining said system and selling wastewater treatment  service to the public within its service area; and  WHEREAS, Sawmills owns and operates a wastewater collection system, and is also engaged in the enterprise of managing, operating, and maintaining the system and  selling wastewater service to the public within its service area; and  WHEREAS, Lenoir and Sawmills mutually desire to enter into an agreement to sell and purchase wastewater treatment services in accordance with the terms and  provisions contained herein; and  WHEREAS, Lenoir has determined that it has the capability to sell wastewater treatment services to Sawmills throughout the term of this agreement without impairing  services to the users connected to its wastewater system; and  WHEREAS, Lenoir and Sawmills each has or holds and will continue to have or hold throughout the term of this agreement, all appropriate permits necessary to effectuate their respective responsibilities under this agreement or will use their best  efforts to obtain such permits;  NOW THEREFORE, in consideration of the mutual covenants, conditions and terms contained herein, the parties hereto, intending to be legally bound hereby, agree as  follows:  1. This agreement shall commence on the féday of Ehary 2018, and unless earlier terminated in accordance with the terms herein, shafl expire  on  1    the 5Hday of Fehrery 1033(Hereinafter referred to as the 2. Lenoir agrees to provide and sell to Sawmills wastewater treatment for up to 250,000 GALLONS (TWO HUNDRED AND FIFTY THOUSAND GALLONS) of wastewater maximum daily flow, measured through metered connections which are located, prescribed and maintained by Lenoir, at or above minimum State ofNorth Carolina and Federal Standards for public wastewater facilities. Such maximum daily flow shall be based on a thirty (30) day average daily flow. Such maximum daily flow to be reviewed every five 3. Sawmills agrees to use best efforts not to exceed the above maximum daily flow provided for in Section 2 of this agreement, unless Lenoir expressly agrees that said maximum daily purchase(s) may exceed 250,000 gallons fora 4. The wastewater treatment services purchased by Sawmills from Lenoir shall be available on a continuous basis unless there is an unforeseen break, outage or interruption of Lenoir's wastewater collection or treatment system. In which case, Lenoir shall notify Sawmills of the circumstances and provide timely updates SO as to keep Sawmills informed of the status of repairs or 5. Sawmills agrees to timely pay Lenoir for wastewater purchased on a monthly basis, in accordance with invoices, which shall be based upon meter readings conducted by Lenoir at all metered connections between the Lenoir and Sawmills wastewater systems. Lenoir agrees to read said wastewater meters monthly and deliver to Sawmills a written report summarizing said meter readings within fifteen (15) working days after each monthly meter reading. Lenoir will submit to Sawmills a written invoice based on such meter readings by the 20th day of the following month. Sawmills agrees to pay Lenoir the amounts of each such monthly invoice within thirty (30) calendar 6. The initial Base Wastewater Rate charged to Sawmills for wastewater treatment services shall be $3.78 per one thousand gallons of metered wastewater service provided by Lenoir to Sawmills. In the event the average daily flow during any monthly billing period exceeds the maximum daily flow of 250,000 gallons, the following surcharges (The "Surcharge Rate") will  "Wastewater Service Period".)  (5). years.  specified period oftime.  remedy(ies) for any such interruption.  days of the date of each invoice.  apply to the overage:  (250,001) to (300,000) gallons- $4.16/1000 gallons (300,001) to (350,000) gallons- $4.57/1000 gallons (350,001) gallons or more-$5.03/1000 gallons  2    Over the term of this agreement or any extension thereof, Lenoir may, at its sole discretion, increase the Base Wastewater Rate and lor the Surcharge Rate as it deems necessary. Lenoir shall not increase said rates to Sawmills more than one time during any fiscal year of twelve (12) months ending on June 30 of each year. Lenoir agrees to notify Sawmills in writing of planned increases with an explanation of the factors used to determine set increase in rates at least ninety (90) days prior to June 30 of any fiscal year, with rate increases that are to become effective on July 1 oft that same year. 7. Lenoir agrees to maintain /repair /replace existing Lenoir wastewater meters at the connection point(s) between the Lenoir and the Sawmills wastewater system as may be necessary to accurately measure the flow of wastewater 8. Sawmills shall provide a: minimum of six-months (6) advance written notice to Lenoir prior to the expiration of this agreement or subsequent extensions of this agreement if Sawmills desires to cancel the terms of this agreement. Upon timely receipt of such notice of Sawmills desire to cancel this agreement, Lenoir shall, within sixty (60) days after having received such notification, notify Sawmills in writing of its agreement to such cancellation 9. In the event that Lenoir elects not to extend this agreement, Lenoir shall continue to provide and sell wastewater treatment services to Sawmills, under the same terms of the agreement, until Sawmills has had sufficient opportunity to secure an alternate source(s) of wastewater treatment service; however, Lenoir shall not be bound to continue to provide and sell wastewater treatment services to Sawmills beyond a period of twenty-four (24) months past the date of its written notification to Sawmills of its intention not to 10. Sawmills agrees that the Town and its wastewater customers shall, during the period of this agreement, abide by and adhere to all wastewater use policies, restrictions, sewer use ordinances and other ordinances adopted now or subsequently adopted by Lenoir, of which they are subsequently notified, which impose wastewater use restrictions, moratoriums, and other such limitations on the use of wastewater treatment services during times of emergency or during other situations which for public health or financial Sawmills shall establish, conduct and maintain an industrial pre-treatment program in accordance with the State ofNorth Carolina regulations (15A NCAC2H.0900) and Federal pre-treatment regulations 40 CFR 403, and 400- 471. Sawmills shall adopt necessary ordinances, policies, and programs to ensure that wastewater received from Sawmills meets the standards set forth in Lenoir's Sewer Use Ordinance. Sawmills shall be responsible for the reporting and record-keeping of the pre-treatment program. Lenoir shall have the right to audit Sawmill's pre-treatment program at any time upon 30 days  through the meter(s) to Sawmills under this agreement.  oft this agreement.  extend this agreement.  reasons justify said policies, restrictions, and ordinances.  3    written notification and Sawmills shall supply all information necessary for Prior to the issuance of any pre-treatment permit, Sawmills shall submit application information to Lenoir for review and approval and shall not issue any pre-treatment permits without Lenoir's prior approval. Sawmills shall use any and all means necessary to enforce compliance with the applicable standards of the industrial wastewater pre-treatment program, and Lenoir shall have the authority to immediately terminate the service contemplated under this agreement with no prior notice, if Sawmills fails to do Lenoir reserves the right to bill Sawmills for pollutant loadings above those domestic loadings contained in the Lenoir Sewer Use Ordinance. Based upon information provided, Lenoir shall bill Sawmills on a monthly basis for any applicable surcharges after 30 days written notice at Lenoir's prevailing rates. Sawmills agrees to assess and collect all surcharges from its customers or otherwise to pay said charges, regardless of whether the customer pays. 11.Lenoir shall promptly notify Sawmills upon becoming aware of any activity, problem or circumstance within the Lenoir system that might present a danger to the health, safety and welfare of Sawmills wastewater users. Further, Lenoir shall take appropriate action to remedy such activity, problem or circumstance within the Lenoir system and to avoid or minimize disruptions in service. Likewise, Sawmills shall promptly notify Lenoir upon becoming aware of any activity, problem or circumstances within Sawmills system that might negatively impact, cause harm to Lenoir's wastewater collection and treatment system or present a danger to the public health, safety and welfare. Sawmills shall take appropriate action to police against and to remedy such 12. In the event of damage or destruction of Lenoir's key wastewater facilities or any emergency which, in the reasonable judgment of Lenoir, is likely to result in material loss or damage to the system or constitute a material threat to human health or safety, Lenoir may take necessary actions to mitigate the threat to human health and safety, after thirty (30) days written notice to Sawmills of such actions unless in the event of an emergency. Lenoir's response to emergencies and other such unusual circumstances shall be in accordance with applicable policies, regulations, laws and requirements and with such personnel and equipment as necessary to maintain or restore the operations of its wastewater system in a timely manner with the least possible disruption or inconvenience to the users connected to both the Lenoir and 13. Sawmills shall not resell, give away, transfer or otherwise dispose of wastewater treatment services purchased from Lenoir to third-party wastewater systems without the prior written permission ofLenoir.  the audit.  SO.  activities.  Sawmills wastewater systems.  4    14. Sawmills agrees to permit Lenoir to pass wastewater through Sawmills wastewater collection system to destinations and/or to other third-party wastewater systems beyond Sawmills system, provided that Lenoir:  a) Submits a written notice to Sawmills outlining the agreed-upon purposes, quantities and conditions of said b) That said request does not materially or significantly diminish Sawmills capacity now or in the future to provide services to its wastewater customers and it's anticipated customers bases on its most recent 10 year c) Lenoir subsequently pays to Sawmills a Pass Through charge of $0.03 per 1000 gallons of pass through wastewater. Sawmills may request a modification of such charge with a ninety (90) days advance written notice d) Lenoir agrees to install metering equipment to measure and determine the quantities or such Pass Through wastewater passing through Sawmills wastewater system and report monthly to Sawmills such amounts and meter  pass through ofwatewater.  projections.  during the period of this agreement.  readings.  15. Lenoir and Sawmills both represent that no litigation is pending or threatened against either party which would impair their ability to perform their respective duties and obligations under the terms, covenants and provisions of  this agreement. 16. Resolution ofDisputes  The Parties agree that should any disputes arise under this agreement, including but not limited to disputes pertaining to services, rates, or invoices, said disputes shall be resolved, if at all possible, through good faith negotiations between the parties. It is the intent of Lenoir and Sawmills that pursuit of legal action shall be a remedy of last resort and that a negotiated resolution, including the use of outside experts or mediators, shall be the  preferred means oft resolving disputes hereunder.  17. Default and Termination  This agreement may be terminated prior to its stated expiration date by Lenoir or Sawmills in accordance with the terms and conditions set forth below. A. Termination for cause by Lenoir. Upon the happening of any of the following events of default by Sawmills, Lenoir shall have the right to a) The failure of Sawmills to perform or observe and initiate a cure after thirty (30) days advance written notice any of its material covenants, agreements, obligations and/or duties created by this agreement.  terminate this agreement:  5    b) The failure of Sawmills to make any payment required pursuant to the terms of this agreement within sixty (60) days of its receipt of notice  from Lenoir that any such payment is overdue.  B. Termination for cause by Sawmills. Upon the happening of any of the following events of default by Lenoir, Sawmills shall have the right to a) The failure of Lenoir to perform or observe any of its material covenants, agreements, obligations and/or duties created by this b) The failure of Lenoir to provide Sawmills with the amounts of wastewater treatment service in accordance with the terms of this  terminate this agreement:  agreement. agreement..  18. Upon the happening of any event which may constitute good cause for termination of this agreement as stated above, the aggrieved party shall provide written notice to the party committing the alleged violation setting forth in detail the alleged failure and/or deficiency. Thereafter, within thirty (30) days of receipt of notice of the alleged default, the parties to this agreement shall meet to discuss the circumstances and attempt to reach a 19.NOTICES: For the purposes of this agreement, all notices required shall be deemed to have been properly served and shall be only served when posted by Certified United States Mail, Postage Prepaid, Return Receipt Requested, Addressed to the Party to whom directed at the address herein set forth or at such other address as may from time to time be designated in writing by either  resolution.  party: ToLenoir: City ofLenoir PO Box 958  ToSawmills: Town of Sawmills Attn: Town Administrator 4076 US Hwy 321-A Sawmills, NC 28630 CC:Terry Taylor, Town Attorney P.O. Drawer 2428 Hickory, NC 28603  Scott E. Hildebran, City Manager Lenoir, North Carolina 28645  20. This agreement embodies the entire agreement between the parties in connection with this transaction, and there are no oral or parole agreements, representations or inducements existing between the parties relating to this transaction, which are not expressly set forth herein. This agreement may not be modified except by a written agreement signed by all parties to this agreement. Neither party shall be entitled to sell, convey or otherwise alienate the rights and obligations created herein without the prior written permission ofthe other party to this agreement. This agreement is non-assignable.  6    21. Nothing contained herein shall be construed to place the parties in the relationship of partners or joint venturers, and neither party shall have the power to obligate or bind the other party in any manner whatsoever. No joint agency is established by this Agreement pursuant to Article 20, Part 1 of Chapter 160A of the North Carolina General Statutes, by other similar statutory authority authorizing interlocal cooperation between units of local 22.1 No written waiver by any party to this agreement at any time of any breach of any other provision of this agreement shall be deemed a waiver of a breach of any provision herein or consent to any subsequent breach of the same or any 23. .The captions and article numbers appearing in this agreement are inserted only as a matter of convenience and do not define, limit, construe or describe the scope of such paragraphs or articles oft this agreement or in any way affect 24. This agreement shall be governed by and interpreted in accordance with the 25. Words of any gender used in this agreement shall be held to include any other gender, and words in the singular number shall be held to include the plural, 26.If any provision under this agreement or its application to any person or circumstance is held invalid by any court of competent jurisdiction, such invalidity does not affect any other provision of this agreement or its application that can be given effect without the invalid provision or 27.This agreement may be executed in any number of counterparts, each of which when sO executed and delivered shall be deemed an original, and it shall not be necessary in making proof of this agreement to produce or 28. Except as provided herein, the rights and remedies provider for in this agreement are cumulative and are not exclusive of any rights or remedies that IN WITNESS WHEREOF, the parties have executed this agreement on the day  government, or otherwise.  other provision.  this agreement.  laws of the State ofNorth Carolina,  when the sense: requires.  application.  account for more than one such fully executed counterpart.  any party may otherwise have at law or in equity.  and year first above written.  CITY OFLENOIR, NORTHCAROLINA   By:  Mayor  (SEAL)  7    Attest:  By: shhib Mlennon Shirley M. Çannon, City Clerk  TOWN OF SAWMILLS,NORTHCAROLINA  By:  Mayor  (SEAL) Attest: By:  Town Clerk  This agreement has been pre-audited in the manner required by the Local Government  Budget and Fiscal Control Act.  By: Donna Bean Director  Donmapan  By:  Finance  Finance Director  City ofLenoir, North Carolina Approved as to ByE  Town of Sawmills, North Carolina Approved as to form: By:  Edward H. Blair.Jr.. City Attorrey City ofLenoir, North Carolina  Town Attorney  ZMAp  Town of Sawmills, North Carolina  8    AGENDA ITEM9A  MEMO DATE: SUBJECT:  February 20, 2018 Planning Matters: Recommendation For Planning Board Vacant ETJ Seat  Discussion:  Due to the recent annexation of the ETJ Planning Board Member, Clyde Miller's property and home, there is a vacant seat for an out of town ETJ member. The Town has received a Planning Board application from Richard Miller who is willing to serve in the position. Attached is the  completed application.  Recommendation:  Staffrecommends Council recommend Richard Miller to the Caldwell County Board of Commissioners for appointment to the vacant ETJ Planning Board seat.    Application to Serve on Board(s) and Committee(s)  Name: Bichard Miller Mailing Address: Home Phone:  Home Address: 3018 DToncsR anlAIbNCZNAD Email Address: richarc@richardasorlingandrepair.com  Cell Phone: 312347 Occupation: Bubihess Duner  Work Phone: 3A 8705  Board(s) or Committee(s) on which you would like to serve:  Planning Board Board of Adjustments  Town Beautification History Committee  Recent Community Activities:  State reasons why you feel you are qualified for this appointment (Use back of sheet if Jacsou-tp inhe Conryslion Redand Sizanyszpn binga business Ouner Note: This information will be used by the Town Council in making appointments to Board(s) and Committee(s) and follows all N.C.G.S. Public Records Laws. The application  additional space is needed):  fpproachedl hyaimmber of4he -oion.  will remain on file with the Clerk until term expires.   Signature  27-2018 Date  Please return application to: Sawmills Town. Administrator 4076 US Highway 321A  Sawmills, NC: 28630 Bar-Towa-lse-Only. Appointed to: Term Expires:  Date: Town Limits:  ETJ:  4076 US Highway 321-A * Sawmills NC * (828)396-7903 *(828)396-8955 fax  ntp/www.lownolsawmils.com  The Town of Sawmills does not discriminate on the basis of age, sex, race, religion, national origin, disability, political affliation, or  maritals status.    AGENDA ITEM 9B  MEMO DATE: SUBJECT:  February 20, 2018 Planning: Call for Public Hearing: Sign Ordinance Text Amendment  Discussion:  PROPOSED SIGN ORDINANCE TEXT. AMENDMENT  Status: Currently, Sawmills' Sign Regulations only allows for one ground sign per lot, in the Highway Business (H-B) and General Manufacturing (G-M) zoning districts, with a maximum sign height of 20 feet. As such enterprises are allowed only one such sign, the Planning and Development Committee and Planning Board, are in favor of an amendment to the Town's Sign Regulations that would increase the maximum ground sign height requirement for H-B and G-M districts from 20 feet to 30 feet. If approved, this amendment will only apply to commercia/industrial enterprises located on properties zoned H-B or G-M, which typically See attached proposed text, as amended, under Section 153.114 "Signs in the H-B and G-M  exemplifylarger lot sizes, as well as taller maximum building heights.  Zoning Districts."  Consistency with Comprehensive Plan:  The mission statement of the Sawmills Comprehensive Plan calls for establishment of a flourishing economy with a range of business establishments. This proposed text amendment promotes this goal by creating increased advertising opportunities for entrepreneurial  development.  Recommendation:  CALLFORPUBLICHEARING for March 20, 2018 at 6:00    SIGN REGULATIONS  $1 153.110 GENERAL.  (A) All announcement signs and structures, which include business signs as defined by this chapter, shall be approved by the Zoning Enforcement Officer and shall comply with the following (B) Location. No advertising sign or structure shall be erected, constructed or maintained sO as to interfere with vision clearance along any street, road or highway or at any intersection or junction oftwo or more traffic arteries. Nor shall any advertising sign or structure be located  regulations.  within the street, road or highway right-of-way.  (C) Ilumination. No flashing or intermittent lights may permitted. Only one illuminated sign per professional office per building is permitted. All illuminated signs or structures shall be placed SO as to prevent the light rays ori illuminations from being cast upon residential dwellings. However, any sign performing a public service function indicating time, temperature, stock  market quotations or similar services shall bej permitted.  (D) Billboards. No billboards or other off-site signs are permitted within the jurisdiction of (E) Portable signs. No portable or other temporary signs are permitted within the  this chapter.  jurisdiction ofthis chapter.  (F) Maintenance. All advertising structures, together with any supports, braces, guys and anchors shall bel kept in good repair and in a safe state of preservation, All signs, including political signs, erected to serve temporary purposes shall be removed within 60 days.  (G) Administration. The Zoning Enforcement Officer shall refuse a permit for the erection or construction of any advertising sign or structure which does not meet the requirements ofthis section. The Zoning Enforcement Officer shall order the removal of any signs that are not constructed or maintained in accordance with the provisions ofthis section.  (H) Traffic safety precautions. The following practices in relation to signs are prohibited, notwithstanding any other provisions in this chapter, in order to preserve the safety of  pedestrians and vehicular movement:  (1) No signs shall use such words as "stop", "slow", "caution", "danger" or similar admonitions which may be confused with traffic directional signs erected by governmental  agencies; and  (2) No sign shall be erected sO as, by its location, color, nature or message, to permit it to be confused with or obstruct the view oft traffic signals or signs, or SO it would tend to be  confused with warning lights of an emergency or public safety vehicle.    (I) Prohibited locations for signs. No sign shall be attached to any utility pole, tree, rock or (J) Signs not subject to control. The following signs are not subject to the control ofthis  other natural object. chapter:  (1) Non-illuminated identification signs on private property not exceeding two square feet in area, not of a commercial nature and bearing only property identification numbers and  names, post office box numbers and name(s) ofoccupants of the premises;  Historic markers erected by a governmental body;  (3) Legal notices, identification and informational signs and traffic directional signs (4) Notn more than one sign total, with not more than one per public street frontage, located on private property, directing and guiding traffic on private property, with the permission oft the owner, by which bear no advertising matter and do not exceed eight square feet in areaon  erected by or on behalfofa governmental body;  each side and do not exceed six feet in height;  (5) Bulletin signs incidental to churches, located on-site, provided they do not exceed (6) Non-illuminated, temporary yard sale signs located entirely on private property and less than six square feet containing the date oft the sale and/or property address, provided such (K) Violation. In addition to the remedies provided in G.S. SS 14-4 and 160A-75 as amended and otherwise as law provided, whenever, by the provisions oft this section, the performance of any act is prohibited, or whenever any regulation Limitation is posed on the erection or removal ofa sign, a failure to comply with the provision shall constitute a violation of this chapter. Violation of any provision oft this chapter shall subject the offender to a civil and/or  12 square feet in area and have a maximum height of six feet; or  signs are removed within two days following the sale.  criminal penalty as set forth in $153.999. (Ord. passed 14-17-2012) Penalty, see $ 153.999  $153.111 SIGNSINT THE RESIDENTIAL ZONING DISTRICTS.  Small professional or announcement sign, non-illuminated, not over two square feet in area mounted flat to the main wall of the building, and any non-illuminated real estate signs not over  six square feet in area. (Ord. passed 14-17-2012)  $153.112 SIGNS IN THE 0-I ZONING DISTRICT.    (A) Wall signs. Wall signs shall not exceed more than six inches from the building' 's wall, shall not exceed 15 square feet in area for any one premise, and shall not exceed ten feet in  height above the natural ground line.  (B) Ground. signs. Ground signs, not exceeding one per lot, shall not exceed more than ten feet in height above the natural ground line, shall meet all yard requirements for the district and  shall not exceed 15 square feet in surface area. (C) Roofs signs. Roof signs are not permitted.  (D) Window signs. Window signs shall be placed only on the inside of professional buildings and shall not exceed 25% oft the glass area of the pane upon which the sign is  displayed.  (Ord. passed 4-17-2012) Penalty, see $ 153.999  $153.113 SIGNS IN THE N-B ZONING DISTRICT.  (A) Wall signs. Wall signs shall not exceed more than six inches from the building's wall, shall not exceed 100 square feet in area for any one premise, and shall not exceed 20 feet in (B) Ground. signs. Ground signs, not exceeding one per, lot shall not exceed 15 feet in height above the natural ground line, shall meet all yard requirements for the district and shall  height above the natural ground line.  not exceed 60 square feet in surface area. (C) Roofsigns. Roof signs are not permitted.  (D) Window signs. Window signs shall be placed only on the inside of professional buildings and shall not exceed 25% of the glass area ofthe pane upon which the sign is displayed. Only one: illuminated sign per business per building is permitted.  (Ord. passed 4-17-2012) Penalty, see 8 153.999  S 153.114 SIGNS INTHE H-B AND THE G-M ZONING DISTRICTS.  (A) Wall. signs. Wall signs shall not exceed more than six inches from the building' s wall, shall not exceed 200 square feet in area for any one premise, and shall not exceed 20 feet in  height above the natural ground line.  (B) Ground. signs. Ground signs, not exceeding one per lot, shall not exceed 20 30 feet in height above the natural ground line, shall meet all yard requirements for the district and shall  not exceed 60 square feet in surface area.    (C) Roofsigns. Roof signs shall not exceed ten feet in height above the roof, shall meet all the yard and height requirements for the zoning district and shall not exceed 200 square feet on a  side for one premise.  (D) Window signs. Window signs shall be placed only on the inside of professional buildings and shall not exceed 25% oft the glass area of the pane upon which the sign is displayed. Only one illuminated sign per business per building is permitted. (E) Ilumination. Only one illuminated sign per professional office per building is  permitted. (Ord. passed 4-17-2012)  $153.115 COMPREHENSIVE SIGN PACKAGES.  (A) As an option to the permanent signage standards set forth in this section, institutional, commercial, or industrial developments shall be allowed to submit an application fora comprehensive sign package. All comprehensive sign packages shall be reviewed as a conditional use permit in accordance with the procedures set forth in this chapter. Any signage not specifically identified in the comprehensive sign package shall conform to the minimum (B) The comprehensive sign package shall include a master signage plan including the  signage criteria contained in this chapter.  following:  (1) Site plan identifying locations of freestanding, multi-tenant, and directional signs; (2) Listofeach type ofs sign to be permitted in the development with accompanying (a) Freestanding sign regulations to include dimensions of support structures,  allowances. At a minimum, the following information shall be provided:  dimensions of sign face, permitted sign copy area (maximum individual and aggregate sign area  per establishment), and maximum height of sign;  (b) Wall sign allowances to include permitted sign copy area (maximum  individual and aggregate sign area per establishment), heights (in relation to storefront height)  and area (in relation to storefront area);  (c) Directional sign allowances to include height and sign area;  (d) Illumination guidelines describing the type(s) allowed, placement, intensity,  and hours ofillumination;  (e) Changeable copy guidelines;    I) Temporary signage guidelines; and  (g) Theme and/or color guidelines provide graphic depictions of sign designs,  color palettes, font style and letter size, illumination, materials, and sample sign copy areas.  (Ord. passed 4-17-2012) Penalty, see S 153.999    AGENDA ITEM11A  MEMO DATE: SUBJECT:  February 20, 2018 Updates: Code Enforcement Monthly Report  Discussion:  The attached report shows the progress that Plannerl Leslie Meadows continues to make  throughout the town. Recommendation: No Council action required.