: 2 AGENDA Sawmills Town Hall Tuesday, February 16, 2016 Regular Meeting of the Sawmills Town Council 6:00 pm 1. Call To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda 5. Approve Meeting Minutes Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Mayor. Joe Wesson Mayor. Joe Wesson Mayor. Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson A. January 19,2016 Regular Meeting Minutes B. January 19,2016 Closed Session Minutes :, January 21,2016 Special Session Council Minutes D. January 21,2016 Special Session Closed Session Minutes 6. Public Comment 7. Recognitions: A. Recycle Rewards 8. Financial Matters: A. Budget Amendment 9. Discussion: A. InGod' We Trust Sign B. Ratification of Ordinance $ 93.01 Acceptance ofTerms Ratification of West Consultants Contract Amendment D. Ratification of] Duff] Drive Sewer Project Final Change Order and Mayor Joe Wesson E. Ratification of Sewer Easement Agreement with H & HJ Holdings Mayor Joe Wesson 10. Updates: A. SBEA January Progress Report B. Codel Enforcement Report .C Comprehensive Steering Committee Report D. DuffDrive Sewer January Progress Report E. Council Comment 11. Closed Session: Personnel Matters Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson Mayor Joe Wesson 12. Adjourn Page 1 of7 TUESDAY,JANUARY 19,2016 TOWN OF SAWMILLS REGULAR COUNCIL MEETING 6:00 PM COUNCIL PRESENT Joe Wesson Gerelene Blevins Jeff Wilson Joel Norman Keith Warren Reed Lingerfelt STAFF PRESENT Christopher Todd Julie Good Terry Taylor CALLTO ORDER: Mayor Joe Wesson called the meeting to order. INVOCATION: Associate Pastor Randy McCall gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Joe Wesson led the Pledge of Allegiance. ADOPT AGENDA: Mayor Joe Wesson asked for a motion to adopt the January 19, 2016 Jeff Wilson made a motion, and Keith Warren seconded, to adopt the January 19, 2016 Agenda. agenda. All were in favor. APPROVE DECEMBER 15, 2015 REGULAR MEETING MINUTES: Mayor Joe Wesson asked for a motion to approve the December 15,2 2015 regular meeting minutes. Reed Lingerfelt made a motion, and Gerelene Blevins seconded, to approve the December 15,2015 regular meeting minutes. All were in favor. PUBLIC COMMENT: Mayor Joe Wesson asked if anyone had any questions or comments at this time. No one wished to speak. RECOGNITIONS: RECYCLE REWARDS WINNER: Mayor Joe Wesson announced Mr. Bill Absher, as the January Recycle Rewards winner. A credit oftwenty-eight dollars ($28.00) will be added to his sanitation bill. Mayor Joe Wesson stated that his certificate would be available at the January 19,2016 Page 20 of6 Town Hall for pick up. No Council action was required. SAWMILLS VOLUNTEER FIRE & RESCUE DEPARTMENT AWARDS: Mayor Joe Wesson, on behalf of the Town Council, presented plaques ofappreciation to the following: Firefighter of the Year: First Responder of the Year: Officers of the Year: Grant Newton Grant Newton Bruce Austin Keith Gibbons No Council action was required. FINANCIAL MATTERS: CALDWELL COUNTY GOVERNMENT CHANNEL CONTRIBUTION: Mayor Joe Wesson stated that the Town received a request from the Caldwell County Government Channel for a contribution to support the cost of upgrading and repairing the recording and broadcasting equipment. Caldwell County estimates the project cost of approximately one hundred seventy-one thousand dollars ($171,000) for the upgrades and repairs. Currently, Sawmills appears in approximately two percent (2%) of the total programming on the Louanne Kincaid with the Caldwell County Government Channel was present to speak about the upgrade and answer any questions. Mrs. Kincaid stated that the Caldwell County Government Channel first started broadcasting in 2002 and all the equipment is the original equipment. All of the station's equipment needs to be updated. Most of the equipment does Mrs. Kincaid stated that the Caldwell County Commissioners have set aside one hundred sixty thousand dollars ($160,000) for this expense in this budget year. Mrs. Kincaid also stated that there is approximately eleven thousand dollars ($11,000) from the cable finance fund from when the station was started that will be used for this expense. Ms. Kincaid stated that the Town of Hudson and the Town of Granite Falls have agreed to contribute toward the expense of upgrading the equipment. The City of Lenoir has stated they will Joe Norman made a motion, and Jeff Wilson seconded, to contribute four thousand dollars ($4,000), after a budget amendment has been made and approved, to the Caldwell County Government Channel to help with the cost of upgrading and repairing the recording and government channel, as estimated by the County. not work with any new equipment. also contribute. broadcasting equipment. All were in favor. January 19, 2016 Page 3 of6 DEPUTY FINANCE OFFICER APPOINTMENT: Mayor Joe Wesson stated that in the event that the Finance Officer, Karen Clontz, is not available the Town will need a Deputy Jeff Wilson made a motion, and Reed Lingerfelt seconded, to appoint Town Administrator, Finance Officer to fulfill her duties pursuant tol NCGS S 159-25 (b). Christopher Todd, as Deputy Finance Officer. All were in favor. BANKING AND AP CHECK SIGNATURES: Mayor Joe Wesson stated that due to recent changes on the Council, new signature cards will need to be on file at First Citizens Bank and CommunityOne Bank. The banks require a new signature card to be on file whenever there are changes in the staff and/or Council. The Town requires two (2). The following Council and staff have authorization to sign on behalf of the Town with signatures for accounts payable checks and the safety deposit box. regards to banking transactions: Joe Wesson-Mayor Christopher Todd-Town Administrator Karen Clontz-Finance Officer Mayor Joe Wesson stated that typically there is an additional Council member authorized to Reed Lingerfelt made a motion, and Jeff Wilson seconded, to add Councilman Joe Norman tot the signature cards at First Citizens Bank and CommunityOne Bank authorizing Councilman Joe Norman to sign on behalfof the Town with regards to banking transactions. sign on behalf ofthe Town with regards to banking transactions. All were in favor. DISCUSSION: STANDING COUNCIL COMMITTEE ASSIGNMENTS: Mayor Joe Wesson With the appointment of Councilman Jeff Wilson and Councilman Reed Lingerfelt to the Intergovernmental Committee, Councilman Jeff Wilson is the delegate and Councilman Reed Lingerfelt made a motion, and Gerelene Blevins seconded, to approve the attached Standing Council Committees including the appointments to the WPCOG Policy Board. All announced the attached new Standing Council Committees. Reed Lingerfelt is the alternate to the WPCOG Policy Board. were in favor. TOWN OF SAWMILLS PUBLIC COMMENT POLICY: Mayor Joe Wesson stated that the Town of Sawmills wishes to encourage public participation and promote opportunities for public engagement. As such, the Town Attorney prepared a Public Comment Policy, which is attached for Council review and approval. January 19, 4 2016 Page 4 of6 Joe Norman made a motion, and Gerelene Blevins seconded, to approve the attached Town of Sawmills Public Comment Policy. All were in favor. BOARD OF ADJUSTMENTS VACANCY: Mayor Joe Wesson stated that with the appointment of Reed Lingerfelt to Council, there is now a vacancy for an alternate on the Keith Warren made a motion, and Gerelene Blevins seconded, to appoint Johnnie Greene as Board of Adjustments. an alternate to the Board of Adjustments. All were in favor. UPDATES: SBEA DECEMBER PROGRESS REPORT: Town Administrator Christopher Todd stated that Sherry Long, from the Western Piedmont Council of Governments, has enclosed aprogress report for the SBEA project 12-C-2443. No Council action was required. JANUARY CODE ENFORCEMENT REPORT: Town Planner Elinor Hiltz stated that there are two (2) code enforcement cases open: Steven Killian at 4801 Helton Road has removed two (2) of the three (3) vehicles that he was required to remove from his property. Mr. Killian currently was issued a civil citation at $50.00 (fifty dollars) a day back dated to December 14, 2015, until the last vehicle is removed. Town Planner Elinor Hiltz has forwarded the file to the Wendy Hadchin is the owner ofa dilapidated house located at 4476 Sawmills School Road. A petition with the required five (5) signatures has been returned to the Town. Town Planner Elinor Hiltz stated that she sent a letter to the owner advising her that the Town received a petition to reopen the case to condemn the house. Town Attorney for the final citation letter to be sent. No Council action was required. COMPERHENSIVE STEERING COMMITTEE REPORT: Town Planner Elinor Hiltz stated that she has enclosed a status report from the January 5, 2016 Steering Committee meeting. No Council action was required. DUFF DRIVE SEWER PROJECT REPORT: Town Administrator Christopher Todd stated that Lisa Helton, from the Western Piedmont Council of Governments, has enclosed a progress report for the DuffDrive Sewer project. January 19,2016 Page 5 of6 No Council action was required. PUBLIC COMMENT: Sue Hall stated that she has not seen any improvement to the property at 4803 Helton Road. Ms. Hall stated that it did not look like anything had been moved off the property and, if anything, it looked like the residents had moved more items on the back porch. Ms. Hall informed Council that the occupant of 4803 Helton Road had stated to her renters that he did not have to clean up his property nor did he have to listen to the Code Enforcement Officer. Ms. Hall also stated that two (2) of the neighbors of 4803 Helton Road stated that the property had a smell as ifsomething had died. COUNCIL COMMENT: Mayor Joe Wesson asked if anyone on the Council had any Joe Norman thanked everyone for coming to the meeting and stated that the Town is Keith Warren wanted to thank everyone for coming out and hoped everyone has a safe trip Gerelene Blevins stated that it was good to see everyone at the meeting and stated that it questions or comments at this time. looking postive. home. Keith Warren also was pleased that it was a very good meeting. was a very good meeting. Jeff Wilson stated he hoped everyone had a good holiday. Reed Lingerfelt wanted to thank everyone for coming and for everyone to be careful going home. Reed Lingerfelt also stated that he was on Sawmills Volunteer Fire and Rescue for twenty-five (25) years and this is the best group of guys. The Volunteers will go above and Mayor Joe Wesson wanted to think everyone for coming and we had a good meeting. Mayor Joe Wesson stated that there will be a Festival Committee meeting on January 21, 2016 at 4:00 pm. There will also be the "Coffee with the Council" meeting on January 21, 2016 beginning at 6:00 pm. Mayor Joe Wesson stated that the Council is looking forward to citizen input at the "Coffee with the Council" and that the meeting will not have any issues to resolve, but rather for citizens to bring ideas for the new budget. Mayor Joe beyond to help in the community. Wesson stated that the best ideas come from the citizens. CLOSED SESSION: ATTORNEY/CLIENT PRIVILEGE: Mayor Joe Wesson asked Reed Lingerfelt made a motion, and Joe Norman seconded, to go into Closed Session at Gerelene Blevins made a motion, and Reed Lingerfelt seconded, to come out of Closed for ai motion to go into closed session. 7:06 pm. All were in favor. Session at 8:23 pm. All were in favor. January 19,2016 Page 6of6 OPEN MEETING ACTION ITEMS: After returning to open session, Mayor Joe Wesson asked for a motion for a Special Meeting, "Coffee with the Council", on January 21,2016 at 6:00pm at Sawmills Town Hall with a Closed Session for attorney/client privilege matters. Reed Lingerfelt made a motion, and Joe Norman seconded, to approve the Special Meeting Agenda for the meeting on January 21, 2016 at 6:00pm. All were in favor. COUNCIL ADJOURN: Mayor Joe Wesson asked for a motion to adjourn. Joe Norman made a motion, and Jeff Wilson seconded, to adjourn the meeting. All were in favor. Julie. A Good, Town Clerk Joe Wesson, Mayor Page 1 ofl THURSDAY,JANUARY 21,2016 "COFFEE WITH THE COUNCIL" TOWN OF SAWMILLS SPECIAL COUNCIL MEETING 6:00 PM COUNCIL PRESENT Joe Wesson Gerelene Blevins JeffWilson Joe Norman Keith Warren Reed Lingerfelt STAFF PRESENT Christopher Todd Julie A Good CALL' TO ORDER: Mayor Joe Wesson called the meeting to order. INVOCATION: Councilman Reed Lingerfelt gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Joe Wesson led the Pledge of Allegiance. ADOPT AGENDA: Mayor Joe Wesson asked for a motion to adopt the agenda. Jeff Wilson made a motion, and Reed Lingerfelt seconded, to adopt the agenda. All were in favor. DISCUSSION: The following items were discussed: Parks and Recreation Water and sewer rate increase Sawmills Farmers Market Water / Sewer rates. Public Works Town Events Deputy John Hawn, Sawmills Elementary Resource Officer, stated that Sawmills Elementary Principal, Courtney Wright, has been trying to get the children at Sawmills Elementary School involved in the community. Any events that the Town has that the children can be involved in please let the school know and Courtney Wright and/or Deputy John Hawn will get the children together and bring them to help. CLOSED SESSION: ATTORNEY/CLIENT PRIVILEGE: Mayor Joe Wesson asked forai motion to go into closed session. Jeff Wilson made a motion, and Joe Norman seconded, to go into closed session pursuant to NCGS $ 143-318.11 (a)(3) at 6:45 pm. All were in favor. January 7,2014 Page2of2 Reed Lingerfelt made a motion, and Gerelene Blevins seconded, to come out of closed session at 7:13pm. All were in favor. ADJOURN: Mayor Joe Wesson stated no Council action was required and asked for a Joe Norman made a motion, and Gerelene Blevins seconded, to adjourn the meeting. All motion to adjourn the meeting. were in favor. Julie A Good, Town Clerk Joe Wesson, Mayor AGENDA ITEM 7A MEMO DATE: SUBJECT: February 16, 2016 Recognition: Recycle Rewards Program Discussion: The Town of Sawmills would like to congratulate Alesa Tingler on winning the Recycle Rewards Program for the month of February. Mayor Joe Wesson will present her with a Certificate of Appreciation. A twenty-eight dollar ($28.00) credit will be added to the current sanitation bill. Recommendation: No Council action is required. Agenda 8A Memorandum To: From: Date: Re: Christopher Todd Karen Clontz February 1,2016 Caldwell County Government Channel During the January 19, 2016 Council meeting, Council approved the amount of$4,000 be appropriated for the purchase and upgrading of broadcast and recording equipment by the The Budget Amendment Ordinance is attached for Council's review and approval. Caldwell County Government Channel. There are sufficient funds in the budget for this request. Recommendation: Staff recommends Council approve an expenditure of $4,000 be paid to the Caldwell County Government Channel. BUDGET AMENDMENT ORDINANCE TOWN OF SAWMILLS General Fund BE IT ORDAINED, by the Town Council ofthe Town of Sawmills, Caldwell County, North Carolina, that the following amendment to the Budget Ordinance for the fiscal year 2015-2016 bel hereby adopted. NOW, THEREFORE, BE: IT RESOLVED, that the following amendment for the fiscal year be made to the budget for the fiscal year ended June 30, 2016. Department/Budget General Fund-Revenue Adminstratvebapendnure Account Number 1-00-3990 1-20-4295 Account Appropriated Fund Balance Miscellaneous $4,000 $4,000 Explanation: During the January y19h, 2016 Council Meeting, Council agreed to contribute $4,000 to Caldwell County for the purchase, and updating, ofbroadcasting and recording equipment. The equipment is used toj focus on County and Town events, and opportunities, throughout the year. This Amendment now adopted this the 16h day ofFebruary 2016. Mayor, Town of Sawmills APPROVED BY: Finance Officer, Town of Sawmills ATTEST: Town Clerk APPROVED TO FORM: Town Attorney AGENDAI ITEMS 9A MEMO DATE: SUBJECT: February 16, 2016 "In God We Trust" Sign Discussion: The Town of Sawmills has been approached by the US Motto Action Committee to determine the interest of the town to display the US Motto, "In God We Trust," on1 the Town Hall building. The US Motto Action Committee has requested the ability to do a presentation regarding putting A representative ofUS Motto Action Committee will be available to discuss the proposal with the US Motto on both the outside and inside of the Sawmills Town Hall. the Town Council and any questions they may have. Please see attached Letter and Pictures Recommendation: Staffrecommends council discuss and determine how they wish to proceed. Dear Honorable Elected Officials, This is an invitation to join the growing list of cities and counties that are "Voting Yes"to proudly and prominently display our: national motto, IN GOD WE TRUST, in and on their My name is Rick Lanier and Ia am the Co-Founder and Vice Chairman of the US MOTTO ACTION COMMITTEE. Iserved as a County Commissioner of Davidson County: in Lexington, NC: from 1998 to 2002. In 2002, Iled my board of Commissioners to "Vote Yes", to display IN GOD WE TRUST, on the exterior our Governmental Center. Soon after that several other surrounding cities and counties joined us in doing the same. Toe encourage this we formed the US MOTTO, ACTION COMMITTEE. Its sole purpose is to promote patriotism by encouraging elected officials to "Vote Yes" to display IN GOD WE Displaying the Motto gives ceremonial honor to public coccasions and expresses confidence in our society. These words have been used on US Currency since 1864. This inspiring slogan is engraved above the entrance ofthe US Senate Chamber as well as above the Speaker's Seat in the US House of Representatives. On July 30, 1956, during the Dwight D. Eisenhower administration, the U.S. Congress adopted IN GODWE TRUST'as the official National Motto of the United States of America. Thus, displaying On November 1, 2011 the U.S. House of Representatives voted overwhelmingly, 396 - 9, tor reaffirm IN GOD WE TRUST as our nation' 's motto. Congressman Randy Forbes, of Virginia, sponsored the resolution, in part, because some have mistakenly stated that "E Pluribus Unum" is our national motto. Most importantly, the resolution specifically encourages the placement oft the motto in and on all government buildings from courthouses to school classrooms. A recent survey shows that 87% ofall Americans still In times ofl both war and peace, these words have been a profound source of strength and As a grassroots patriotic movement, the US MOTTO. ACTION COMMITTEE stands on solid legal ground. Since Davidson County paved the way, not one legal challenge has been raised against any city or county that has "Voted Yes." This effort is legal and there is Wea are very pleased to announce that we are having an overwhelming success with the counties and cities that are readily voting "Yes" to display IN GOD WE TRUST, in or on Elected officials like you, are showing a commitment to the values that our country was governmental buildings. TRUSTin and on their governmental Buildings. our Mottois a legal right, protected by thei first amendment. support the display of our National Motto. guidance to many generations of Americans. nothing to challenge! their Government Building. founded upon. The purpose oft this letter is to urge you to place us on your next possible meeting agenda. It would be our pleasure to incur the: full cost ofthis display. Finally, we welcome you to call or contact us personally with any questions or encouragement we can provide. Thank you, Rick Lanier Please distribute this "Letter of Invitation" to your Elected Officials and other appropriate staff members via their in box or e-mail Thank You. US MOTTO ACTION COMMITTEE MISSION, STATEMENT TO DEFEND, PROMOTE, AND ASSIST IN THE AWARENESS AND FURTHERANCE OF OUR US MOTTO, "IN GOD WE TRUST," ON PUBLIC BUILDINGS, STRUCTURES, MONUMENTS, THE PRINTED PAGE, AND TO ENCOURAGE OUR GODLY HERITAGE IN VARIOUS OTHER ASPECTS USMAC PO Box 1351 Lexington, NC27293 E-mail smotoo2egmal.com DAVID WHITE- Chairman 336-239-0473 davidmwhte/@aol.con Mhsaen@wimnsramant fred@fredmeclre.com rbatly520@a0.com MSDKSmith@licloudcom mchandalahmdemilcon RICK LANIER- Vice Chairman 336-798-7700 FRED: MCCLURE- Treasurer 336-249-9269 PASTOR RON: BAITY- Chaplain 336-785-0529 MARK SMITH- Secretary RICHARDCALLAHAN 336-306-6476 336-259-9113 THE USI MOTTO ACTION COMMITTEE Established DECEMBER 30, 2002 a e a - B E a a I 1n - S E 4 a C @ N 0 A E 3 O AGENDA ITEM 9B MEMO DATE: SUBJECT: February 16, 2016 Discussion: Ratification of Ordinance $ 93.01 Discussion: With the modification to the Town of Sawmills Private Street Acceptance Procedures that was made by Council during the December 15, 2015 meeting, Ordinance $ 93.01 will need to be ratified. The new draft ordinance is attached to this memo. Recommendation: Staffrecommends Council discuss this matter and decide how they wish to proceed. TOWN OF SAWMILLS STREETS AND SIDEWALKS GENERAL PROVISIONS $93.01 TOWN COUNCIL APPROVAL OF NEW STREETS Before any new street offered for dedication to the Town is accepted as such, and officially recognized as a Town-maintained street, the Town Council must give its approval, finding that the street complies with each of the requirements listed below, A. The street must be free of charge and clear of all encumbrances. B. The street must be a part of an existing minimum 35-foot recorded right-of-way approved by the Town Attorney and Town Engineer. Otherwise, a registered survey and Easement Agreement must be prepared and approved prior to dedication. Sawmills - General Regulations C. A signed Petition requesting acceptance and dedication must be submitted by 100% of the adjacent property owners. The property owners need to understand before any work begins on the project, 100% ofthe property owners must sign the Basement Agreement prepared by the Town Attorney. The signed Petitions for all new streets offered for dedication to the Town and thereafter the fully signed D. The Town will pave and improve roads as funds are available each year. The Town Council Street Committee, Public Works Superintendent and Town Engineer will rank each street eligible to be paved according to the density in which the streets are developed and the physical shape the streets are in. The actual improvements scheduled will be approved by the Town Council and periodically revised. Ifnecessary, the paving schedule may be spread over two or E, All utilities requiring removal, relocation or adjustments shall be made at no expense to the Town. Any existing utilities may remain upon approval by the Easement Agreements must be submitted to the Town Clerk. more years to accommodate the Town's budget. Town prior to dedication. 217096.1 F. At least 20% oft the number of lots bordering the street must be individually owned. G. Any street less than two-tenths of one mile (1,056 feet) must serve at least four owner- occupied residences (otherwise it will be considered a private driveway). Additionally, there must be one owner-occupied residence for each one-tenth of one H. All streets and right-of-way offered to the Town must meet the current minimum standards set forth by the Town Ordinances and approved by the Town Engineer. The Town reserves the right to allow deviations from the design criteria listed herein. The deviations allowed will be reasonable and limited only by safety and maintenance factors and must be recommended by the Public Works Superintendent and Town Any street that extends from an existing state or Town-maintained street must meet K. The following definitions shall be used to determine the appropriate design and construction standards. These determinations will be made by the Town Council Street Committee and the Public Works Superintendent. Any determination by the Street Committee and/or the Public Works Superintendent concerning the dedication of] private streets to the' Town may be appealed to the Town Council. (1) LOCAL RESIDENTIAL STREETS, Streets that do not connect thoroughfares or serve major traffic generators. These streets may serve as connectors between existing LOCAL RISDENTALSIREETS (2) MINOR RESIDENTIAL SUBDIVISION STREETS. Dead-end, cul-de-sac and loop streets less than one-tenth of a mile (1,056 feet). in length that do not (3) PRIVATE DRIVEWAY. Streets which serve less than four permanent residences regardless of length, These streets will not be eligible for (4) RESIDENTIAL COLLECTOR STREETS. Streets which serve as the connecting street between local residential streets and thoroughfare streets. L. All streets created in family subdivision even if dedicated to the public are not eligible for acceptance into the town system until they are brought up to Town standards. mile (528 feet) thereafter. I. Engineer. J. the right-of-way standards of the existing street. connect to more than one local residential street. acceptance into the Town system. (1991 Code, $40.01)( (Ord. Passed 1-22-1991; Ord. 11-92-5, passed-1992; Ord. Passed 12-15-1998) 201200.1 TOWN OF SAWMILLS PRIVATE STREET ACCEPTANCE PROCEDURES Like most municipalities, the Town of Sawmills still has a few remaining private, unimproved roads. These are roads that, at thei time ofdevelopment, were not constructed to thei minimum State Standards by the neighborhood developer. It is safe to say that most people in the twenty-first century prefer to live on a paved road instead ofa gravel road. No matter the type oft road you live on, ifiti is a Town of Sawmills roadway, the Town will maintain it. Ifyou are interested ini routine road maintenance and repairs, please call 828-396-7903. Ifyou are interested in converting your existing private road to a paved road maintained by the Town, the following explains the process, The Process Any road eligible to fall under this procedure must be within the Town of Sawmills and not a State maintained roadway. Any property owner on the street can begin the process. The first stepi is that aj petition must be acquired from the Town of Sawmills to determine the interest of the property owners on the road in converting the road from a private to Town maintained. Once the petition is received at tax map: is provided. along with the petition to assist you with this process. To be eligible for formal consideration by the Town Council, the petition must be returned to the Town of Sawmills with the signatures of100% of the property owners along both sides of the section ofroad under consideration and those property owners signing the petition must own all of thes strecti frontage along the section of road. Ifthe proper signatures are acquired on thej petition, its should be returned toi the Town Clerk who will examine the petition for validity. Ifthe petition meets all Town requirements it will be presented to the Town Administrator to place on the next Street Committee agenda to consider the request. After approval by the Street Committee the petition will be submitted to the Town Surveyor for the appropriate Right-of-Way Map to be prepared with street width located, meeting all Town Codes and Ordinances. Finally, then the Town Attorney will prepare all necessary easements from the completed map or survey. The Cost After all: necessary easements have been signed and returned to the Town Administrator, then the Town Adminismterincponinmion with the' Town Engineer will solicit bidsi for thei improvements necessary for the Town to accept this Street as a Town Street within the Town of Sawmills jurisdiction. The Town Administrator will then place the project on the list of streets to be improved/acepted for maintenance, and Town Council will approve projects for acceptance and award the contract for improvements as funds are available. 201198,1 AGENDA ITEMS 9C MEMO DATE: SUBJECT: February 16, 2016 Discussion: Ratification of West Consultants Contract Amendment Discussion: The Town of Sawmills currently has a contract with West Consultants, LLC for the amount of seventy-two thousand dollars ($72,000.00) for work related to the DuffDrive Sewer Project. Due to the nature of the project, the total cost, as calculated by the hourly rate, has significantly surpassed the contracted total. Most ofthe increase in cost is due to the project taking longer to complete than originally expected. The Engineer has requested the Town adjust the contract amount to more adequately compensate for their services. There are eighteen thousand dollars ($18,000.00) in funds available through the CDBG Program that could be applied to a contract increase. This increase would could cover some but not all of the cost increase associated with work conducted by West Consultants, LLC for the Duff Drive Sewer Project. The estimated cost ofhourly work conducted by the engineers over the original contract amount is estimated to be thirty-five thousand dollars ($35,000.00). Recommendation: Sewer Project. Staffrecommends Council ratify the contracted agreement with West Consultants to increase the total payment by the town to a total of ninety thousand dollars ($90,000.00) for the DuffDrive AGENDAITEM9D MEMO DATE: SUBJECT: February 16, 2016 Discussion: Ratification of Duff] Drive Sewer Project Final Change Order and Acceptance ofTerms Discussion: On' Thursday, January 7,2 2016, Jan Wilson with Neill Grading contacted the Town to request a contract extension to finish the DuffDrive Sewer Project and also a Request for Change Order. Under the general direction of the Town Council, Town Administrator Christopher Todd negotiated a final contract adjustment and change order. Neill Grading and Construction has agreed to pay liquated damages at the contract rate ofFive-Hundred Dollars ($500.00) per day for thirty-five (35) days. Additionally at the recommendation of both West Consultants and Neill Grading and Construction, the final recommended change order amount is one-thousand four- hundred and ninety-nine dollars ($1,499) for additional contract work and minor delays. Please see attached Final Change Order Recommendation: Staffrecommends Council ratify the agreement with Neill Grading and construction to reflect limiting liquidated damages to the contract rate of Five-Hundred Dollars ($500.00) per day for thirty-five (35) days and approve a final change order of$1,499.00. EJCICE ANECOIENS ATATE Change Order 3-Final Adjusting Date of Issuance: January. 19, 2016 Owners Town of Sawmills Contractors. Neili Grading and Construction Co., Inc. Engineer:: West Consultants, PLLC, Project: Duff) Drive. Area CDBG Sewer Project Effective Date: January 20, 2016: Owner's Contract No: Contractor's Project No.: Enginéer's Project. No. Contract Name: Duff Drive Area CDBG Séwer. Project 5150 11060.1 The. Contracti is modified as follows. upon execution of this Change Order: Attachments: Final Adjusting Quantity Breakdown per Line Item: Description: Addition of an outside drop to MH B9 for $2,154.49 and to install 690 LF ofwater service pipe at $6:50 per LF for at total of $4,485.00 at thè end of DuffDrive, Total amount incréase for this change orderis $6,639.49. CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES Inote changes in Milestones. ifapplicable) Original Contract Times: Substantial Completion: October 28, 2015 Ready for Einal Payment: November 27,2015 Original Contract Price: $904.884.00 days or dates [Increase) [Decréase] from" previously approved Change [Increasel [Decrease) from previously approved Change Orders No., 1 to'No., 2: $6,639.49 Orders No. 1 to No. Substantial Completion: N/A Ready for Final Payment: N/A Contract Times priort to this Change, Order: Substantial Completion: October 28, 2015 Ready for Final Payment:, November 27,2015 Inicrease]. [Decreasel of this Change Order: Substantial, Completion: 48 Days Ready for Final Payment: 48 Davs Contract Times withrall approved Change Orders: Substantial Completion: December15,2015. Ready: for Final Payment: January14,2016 dàys Contract Price prior tot this Change Order: $.915,397.33 days or dates. [lnereasel [Decreasel oft this Change Order: $.-69,063.40 $846,333.93 days or dates days or dates 4 Contract Price incorporating this Change Order: RECOMMENDED: By: Jf Ptul Engineer (if required), Title: ENGIHGER Date: Vz7/te Approved by Funding Agency. (if applicable) By: Title: ACCEPTED: Owner (Authorized Signature) By: Title Date By: mLe Contractor (Authorized Signature) Title Vigs Presicant Date 127/16 Date: EICDC" C-941, Change Order. Pagelofi Prepared, and published 2013 by the Engineers Joint Contract Documents Committee. AGENDA ITEM 9E MEMO DATE: SUBJECT: February 16, 2016 Discussion: Ratification of Sewer Easement Agreement with H&HHoldings Discussion: H&HHoldings has agreed to the settlement proposal of fifteen thousand nine hundred five dollars and seventy cent ($15,905.70), which is the appraised commercial value, for the permanent Sewer Easement area on1 their property, as shown on the plat. H&HH Holdings has signed the Easement Agreement that is attached. The proposed Easement Agreement provides that the Town will protect the Sewer Line and make changes and modifications as are reasonably necessary to not impede H & H Holdings from construction ofa The Town needs to approve the Relinquishment of Easement Agreement to give H &H Holdings back the part of the current Easement that is not in use by the Town. driveway or access road in the future across the Basement area. Recommendation: Staffrecommends Council discuss this matter and decide how they wish to proceed. Prepared by and Return to: Terry M. Taylor, Attorney at Law P.O. Drawer 2428, Hickory, NC2 28603 NORTH CAROLINA CALDWELL COUNTY RELINQUISHMENT OF EASEMENT THIS RELINQUISHMENT OF EASEMENT made this the day of 2016, by and between The Town of Sawmills, a North Carolina Municipal Corporation, 4076 U.S. Highway 321-A, Sawmills, North Carolina 28630, (hereinafter the "Grantor") and H & H Holdings of Granite Falls, LLC, a North Carolina limited liability company, 28 Park Square, Granite Falls, NC 28630, (hereinafter the "Grantee"). WITNESSETH: THAT WHEREAS, the Town of Sawmills received as Grantee a certain Deed of Easement recorded in Book 1277, Page 998 and also referred to in Easement recorded in Book 1233, Page 326, Caldwell County Registry; THAT WHEREAS, a portion of said easement area is no longer necessary and for and in consideration of One Dollar and no/100ths ($1.00), and other good and valuable consideration, the sufficiency ofwhich is hereby acknowledged, the Grantor does hereby grant and convey and release unto the Grantee, its successors and assigns, the right and easement to construct and maintain a sanitary sewer line and/or other utilities for access road through and across the property of the Grantee situated in Lovelady Township, Caldwell County, North Carolina, which is hereby described as follows: See attached Exhibit A which is incorporated herein by reference. TO HAVE AND TO HOLD said relinquishment and grant of right of easement unto the Grantee, its successors and assigns forever. 212697.1 EXHIBIT A Being all of that area being North of the new Permanent Easement Area that is designated as Relinquished Easement Area North of Pump Station to be relinquished to Grantee all as more particularly shown on the Plat recorded in Plat Book which reference is hereby made for greater certainty in description. Page Caldwell County Registry to 212697. Prepared by and Return to: Terry M. Taylor, Attorney atl Law P.O. Drawer 2428, Hickory,NC28603 STATE OF NORTH CAROLINA COUNTY OF CALDWELL SEWER EASEMENT AGREEMENT THIS SEWER EASEMENT AGREEMENT, made this the L day of aNorth Carolina limited liability company and having an address of28 Park Square, Granite Falls, North Carolina, 28630, (hereinafter' "Parties ofthel First Part")and TheTowno ofSawmills, ,al North Carolinal Municipal Corporation, 4076U.S. Highway321-A, Sawmills, North Carolina 28630, Februany 2016, by and between H & HI Holdings of Granite Falls, LLC, (hereinafter "Party oft the Second Part"); WITNESSETHE That for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, the Parties ofthe First Part do hereby grant and conveyuntot thel Partyofthe Second Part, its successors: and assigns, thei right and easement to construct and maintain any and all utilities, including, but not limited to, water and sewer, and storm drainage lines and pipes through and upon the land of the Parties of the First Part, the same being situated in Caldwell County, North Carolina, and more particularly described as follows: Caldwell County Tax Parcel No.: 2776-42-3694 Permanent Easement Area described on Exhibit "A"attached hereto 207704.1 Thel Parties ofthel First Part agree tol keep the property within said Permanent Easement. Area clear of buildings and other obstructions that would interfere with the location, construction and maintenance oft the utility lines and/or mains provided that the Parties ofthe First Part, their heirs, successors and assigns may use said easement for purposes not inconsistent with the rights herein granted the Party of the Second Part. Further, the Party of the Second Part agrees to protect the sewer line and make such changes or modifications as arei reasonably necessary sO as to not impede the Party of the First Part from the construction of a driveway or access road across the easement area. The Party ofthe First Part shall provide advance written notice ofany construction plans that will effect and Cross the easement area SO1 thel Party ofthe Second Part has sufficient time to complete any work required to protect existing lines. Part, its successors and assigns, forever. TOHAVETOHOLD, the said grant ofright and easement unto it, the. Party ofthe Second The said grant shall include the right ofingress and egress over the above described land of the Parties of the First Part for the purpose of constructing, maintaining, repairing, enlarging and reconstructing any utility on said premises or removing any obstruction interfering with the enjoyment of such rights and, in general, any rights and privileges which may be necessary for the permanent maintenance of any street and/or utilities in, through and upon said premises. IN' TESTIMONY WHEREOF, the said Parties of the First Part have hereunto set their hands and seals as oft the day and year first above written. H& HI By: Title:. Falls, LLC PrintedNeme: fasl LIEMEST - manageR 207704.1 STATE OF NORTH CAROLINA COUNTY OF. Caldwell Bebecca Destter NotaryPublicfor Carolina, do hereby certify that Vaul LHaseahy 3 on behalfo of the Company in the capacity indicated. County,North MAnAgR CAsl of H& H Holding Company of Granite Falls, LLC, a North Carolina limited liability company, personallyappeared before me this dayandackmowledgedi the due executionofthef foregoinginstrument WITNESS my hand and Official Seal, this - day of February 2016. Bebecca Detten Notary Public Print Name: BebecDette My Commission expires: 222-16 NOTARY SEAL CCA DET AOTARY PVOLIS RL COUNTA B9908EP39H 207704.1 EXHIBIT A The) permanent) Easement. Areai is that] Easement Area shown and designated as EasementArea and being 23,392 square feet and being .54 acres as is more particularly shown on the Plat recorded in Plat Book Page. Caldwell County Registry. 207704.1 122OdLL8d AGENDA ITEM 10A MEMO DATE: SUBJECT: February 16, 2016 Updates: SBEA January Progress Report Discussion: Sherry Long, from the Western Piedmont Council of Governments (WPCOG), sent the attached progress report for the SBEA Project 12-C-2443. Recommendation: No Council action required. MAYOR Joe Wesson TOWN. ADMINISTRATOR Christopher Todd TOWN COUNCIL Keith Warren, Mayor Pro Tem Gerelene Blevins Reed Lingerfelt Joel Norman Jeff Wilson A OFSANIN rom CORPORATED o TO: Joe Wesson, Mayor Keith Warren, Mayor Pro' Tem Gerelene Blevins, Councilwoman Reed Lingerfelt, Councilman Joe Norman, Councilman Jeff Wilson, Councilman Sherry Long, WPCOG Progress Report on SBEA 12-C-2443 February 4, 2016 FROM: SUBJECT: DATE: The Department of Commerce is requiring ai monthly progress report for Small Business Entrepreneurial Assistance (SBEA) Project CDBG 12-C-2443 be provided to the Sawmills Town Council each month. This report must also signed by thel Mayor submitted to the Department of Commerce by the 10th day ofeach month. The following activities occurred in January, 2016: McGee Wood Products is gathering the list oft the equipment it would like to purchase with the grant funds remaining. List is to be submitted toi the' Town by February 16, 2016. Wesoon Joe he Mayor 4076US Highway 321-A * Sawmills NC (828)396-7903 (828)396-8955 fax http/www.townofsawmilis.com The Town of Sawmills does not discriminate ont the basis of age, sex, race, religion, national origin, disability, political affiliation, or marital status. AGENDA ITEM 10B MEMO DATE: SUBJECT: February 16, 2016 Updates: Code Enforcement Monthly Report Discussion: the town. Recommendation: No Council action required. The attached report shows the progress that Planner Elinor Hiltz continues to make throughout AGENDAITEM10C MEMO DATE: SUBJECT: February 16,2016 Comprehensive Steering Committee Report Updates: Discussion: February 2, 2016. Recommendation: No Council action required. The attached report is a summary of the Comprehensive Steering Committee Public Meeting of OFSAWIN MAYOR Joe Wesson TOWN ADMINISTRATOR Christopher Todd TOWN COUNCIL Keith Warren, Mayor Pro-Tem Gerelene Blevins Reed Lingerfelt Joe Norman Jeff Wilson ORPORATED 1989 MEMO TO: Christopher, Town Administrator FROM: Elinor Hiltz, Town Planner DATE: February 2, 2016 SUBJECT: Comprehensive Plan Steering Committee Update On February 2nd the steering committee will hear a speech from Dare Duncan called "Why Sawmills?"Mrs. Duncan and Mr. Floyd Annas will answer questions about the history of Sawmills. Mr. Annas is interested in recording the history of Sawmills ifthe Town could find someone to champion the project and perhaps the Town could form a committee too. The committee will draw historical sites on a map and think about how historical land use compares Then they will form economic development goals and recommendations, and then they will pick a The committee's findings sO far will be presented to Council during the budget retreat on February to present day land use. speaker or topic for next month, most likely having to do with housing. 12. 4076 US Highway: 321-A * Sawmills NC * (828)396-7903 * (828)396-8955 fax psmpfsmilsene The Town of Sawmills does not discriminate ont thel basis of age, sex, race, religion, national origin, disability, political affiliation, or marital status. AGENDA ITEM 10D MEMO DATE: SUBJECT: February 16, 2016 Updates: Duff Drive Sewer January Progress Report Discussion: Lisa Helton, from the Western Piedmont Council of Governments (WPCOG), sent the attached progress report for the Duff Drive Sewer project. Recommendation: No Council action required. MAYOR Joe Wesson TOWN ADMINISTRATOR Christopher Todd TOWN COUNCIL Keith Warren, Mayor Pro Tem Gerelene Blevins Reed Lingerfelt Joe Norman Jeff Wilson OFSATR O COAPORATED 1086 TO: Joe Wesson, Mayor Keith Warren, Mayor Pro Tem Gerelene Blevins, Councilwoman Reed Lingerfelt, Councilman Joe Norman, Councilman Jeff Wilson, Councilman Lisal Helton FROM: SUBJECT: DATE: DuffDrive Area Sewer Project February 4, 2016 The Department of Commerce is requiring a monthly progress report for DuffI Drive Area Sewer Project CDBG #12-C-25061 be provided to the Sawmills Town Council each month. This report must also signed by the Mayor and submitted to thel Department of Commerce by the 10th day of each month. The following is an update of the project for the end of January, 2016: Job is 99% complete CDBG funds in the amount of $974,289.31 spent to date (97%). Main line and most trunk lines are completed. All service connections need to be made. Clean up should be completed in February 2016. Wesaen Joe hee Mayor 40761 US Highway 321-A * Sawmills NC * (828)396-7903 *(828)396-8955 fax htp/www.lownofsawmils.com The Town ofSawmills does not discriminate ont thel basis of age, sex, race, religion, national origin, disability, political afliliation, or maritals status.