AGENDA Sawmills Town Hall Tuesday, August 18, 2015 6:00 pm  Regular Meeting of the Sawmills Town Council  1. Call'To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda 5. Approve Meeting Minutes  Mayor Pro-Tem Trena McRary Kirby Mayor Pro-Tem Trena McRary Kirby Mayor Pro-Tem Trena McRary Kirby Mayor Pro-Tem Trena McRary Kirby Mayor Pro-Tem Trena McRary Kirby Mayor Pro-Tem Trena McRary Kirby Mayor Pro-Tem Trena McRary Kirby Mayor Pro-Tem Trena McRary Kirby Mayor Pro-Tem Trena McRary Kirby Mayor Pro-Tem Trena McRary Kirby  A. July 21, 2015 Regular Meeting Minutes B. July 21, 2015 Closed Session Minutes C. August 4, 2015 Special Session Minutes D. August 4, 2015 Closed Session Minutes E. August 5, 2015 Special Session Minutes F. August 5, 2015 Closed Session Minutes  6. Announcement: New Town Administrator 7. Public Comment 8. Recognitions: A. Recycle Rewards B. Yard ofMonth Winners 9. Financial:  Mayor Pro-Tem Trena McRary Kirby Mayor Pro-Tem Trena McRary Kirby  A. Remont Drive and Oxford Drive Waterline Replacement Project Mayor Pro-Tem Trena McRary Kirby  Bid Results  B. Disposal ofUnscheduled Records A. Encroachment Agreement B. Event Schedule Date Change  Mayor Pro-Tem Trena McRary Kirby Mayor Pro-Tem Trena McRary Kirby Mayor Pro-Tem Trena McRary Kirby  10. Discussion:  11. Public Comment: 12. Updates:  A. SBEA August Progress Report B. August Code Enforcement Update C. Council Comment 13. Closed Session: Attorney/Client Privilege  Mayor Pro-Tem Trenal McRary Kirby Mayor Pro-Tem Trena McRary Kirby Mayor Pro-Tem Trena McRary Kirby Mayor Pro-Tem Trenal McRary Kirby Mayor Pro-Tem Trena McRary Kirby  14. Adjourn    Page 1of5  IUESDAY,ULN2L,20s  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT Trena McRary Kirby Joe Wesson Jeff Wilson Johnny Wilson Gerelene Blevins  STAFF PRESENT Karen Clontz Julie Good Terry Taylor  CALL TO ORDER: Mayor Pro-Tem Trena McRary Kirby called the meeting to order.  INVOCATION: Keith Warren gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Pro-Tem Trena McRary Kirby led the Pledge of ADOPT AGENDA: Mayor Pro-Tem Trena McRary Kirby asked for a motion to adopt the agenda with the addition of Agenda Item 5C: July 15, 2015 Special Meeting Minutes, Agenda Item 5D: July 15, 2015 Closed Session Minutes and Agenda Item 9B: Interlocal Joe Wesson made a motion, and Gerelene Blevins seconded, to adopt the agenda with the addition of Agenda Item 5C: July 15, 2015 Special Meeting Minutes, Agenda Item 5D: July 15, 2015 Closed Session Minutes and Agenda Item 9B: Interlocal Agreement with Granite APPROVE JUNE 16, 2015 REGULAR MEETING MINUTES: Mayor Pro-Tem Trena McRary Kirby asked for a motion to approve the June 16, 2015 regular meeting minutes. Jeff Wilson made a motion, and Gerelene Blevins seconded, to approve the minutes. All APPROVE JUNE 16, 2015 CLOSED SESSION MINUTES: Mayor Pro-Tem Trena McRary Kirby asked for a motion to approve the June 16, 2015 closed sessioni minutes. Johnny Wilson made a motion, and Jeff Wilson seconded, to approve the minutes. All were  Allegiance.  Agreement with Granite Falls regarding SBEA Grant.  Falls regarding SBEA Grant. All were in favor.  were in favor.  in favor.    July 21,2015 Page2of5  APPROVE JULY 15, 2015 SPECIAL MEETING MINUTES: Mayor Pro Tem Trena McRary Kirby asked for a motion to approve the. July 15, 2015 special meeting minutes. Joe Wesson made a motion, and Gerelene Blevins seconded, to approve the minutes. All APPROVE JULY 15, 2015 CLOSED SESSION MINUTES: Mayor Pro Tem Trena McRary Kirby asked for a motion to approve the July 15, 2015 closed session minutes. Gerelene Blevins made a motion, and Jeff Wilson seconded, to approve the minutes. All  were in favor.  were: in favor.  PUBLIC COMMENT: Mayor Pro-Tem Trena McRary Kirby asked if anyone had any  questions or comments at this time. No one wished to speak.  RECOGNITIONS:  RECYCLE REWARDS WINNER: Mayor Pro Tem Trena McRary Kirby announced Frances Benfield as the July Recycle Rewards winners. A credit of twenty-eight dollars ($28.00) will be added to her sanitation bill. Mayor Pro Tem Trena McRary Kirby stated  that her certificate would be available at the Town Hall for pick up.  No Council action was required.  YARD OF THE MONTH WINNERS: Mayor Pro Tem Trena McRary Kirby announced Jody Deal, from the 28630 zip code, and Laureene Carver, from the 28638 zip code, as the July Yard of the Month winners. Mayor Pro Tem Trena McRary Kirby stated that both  certificates would be available at the Town Hall for pick up.  No Council action was required.  FINANCIAL:  DONATION TO CALDWELL COUNTY DARE: Mayor Pro Tem Trena McRary Kirby stated that the Caldwell County Dare Program has requested a donation in the amount of Joe Wesson made a motion, Gerelene Blevins seconded, to give a donation in the amount of $100.00 (one hundred dollars) to the Caldwell County Dare Program. All were in favor.  $100.00 (one hundred dollars).    July 21,2015 Page 3 of5  DONATION TO SOUTH CALDWELL BAND BOOSTERS: Mayor Pro Tem Trena McRary Kirby stated that the South Caldwell Band Boosters has requested a donation in the Gerelene Blevins made a motion, and Johnny Wilson seconded, to give a donation in the amount of $100.00 (one hundred dollars) to the South Caldwell Band Boosters. All were in STORM WATER DISCHARGE PROGRAM AGREEMENT: Mayor Pro Tem Trena McRary Kirby stated that the current agreement between the City ofLenoir and the Town of Sawmills for the Storm Water Discharge Program needs to be renewed. The renewal Agreement will cover the period of. July 1, 2015 to June 30, 2016. The cost the Town will pay the City ofLenoir to continue responsibility of the plan is $13,104,93 (thirteen thousand Jeff Wilson made a motion, and Joe Wesson seconded, to adopt the renewal Agreement with the City ofLenoir in the amount of $13,104.93 (thirteen thousand, one hundred four dollars  amount ofs $100.00 (one hundred dollars).  favor.  one hundred four dollars and ninety-three cents).  and ninety-three cents). All were in favor.  DISCUSSION: GREATER  HICKORY  MPO  AMENDED  MEMORANDUM OF  UNDERSTANDING: Mayor Pro Tem Trena McRary Kirby stated that on May 27,2015 the Greater Hickory MPO Technical Advisory Committee voted unanimously to approve the amended MPO Memorandum ofUnderstanding (MOU). Several changes were made to the MOU with the most important involving the MPO officially accepting the Unifour RPO Joe Wesson made a motion, and Jeff Wilson seconded, to approve the Resolution for the adoption of the amended memorandum of understanding regarding the Greater Hickory Metropolitan Organization for Alexander, Burke, Caldwell and Catawba Counties. All were  into the MPO's planning boundary (all four counties).  in favor.  SBEA GRANT FOR A. MCGEE WOOD PRODUCTS DoC PROGRAM AMENDMENTINTERLOCAL, AGREEMENT WITH TOWN OF GRANITE FALLS PROJECT ORDINANCE AMENDMENT: Mayor Pro Tem Trena McRary Kirby stated that on June 1, 2015 the Department of Commerce sent a letter accepting the Program Amendment and Extension Approval for the SBEA Grant with A. McGee Wood Products as the recipient of the grant funds. An Interlocal Agreement between the Town of Sawmills and the Town of Granite Falls was adopted and signed by the Granite Falls Town Council Mayor Pro Tem Trena McRary Kirby also stated that an amended capital project ordinance reflecting the change from The Haystation LLC to A. McGee Wood Products would need to Joe Wesson made a motion, and Johnny Wilson seconded, to approve the Interlocal  onJuly 20,2015.  be approved.    July 21, 2015 Page 4 of5  Agreement between the Town of Sawmills and the Town of Granite Falls for a SBEA Grant Joe Wesson made a motion, and Jeff Wilson seconded, to approve the amended capital project ordinance reflecting the change from The Haystation LLC to A. McGee Wood  for A. McGee Wood Products Doc Program. All were in favor.  Products. All were in favor.  PUBLIC COMMENT: Mayor Pro-Tem Trena McRary Kirby asked if anyone had any  questions or comments at this time. No one wished to speak.  UPDATES:  SBEA JULY PROGRESS REPORT: Mayor Pro Tem Trena McRary Kirby stated that Sherry Long from the Western Piedmont Council of Governments has enclosed a progress  report for the SBEA project 12-C-2443. No Council action was required.  ADMINISTRATORS REPORT: Interim Town Administrator Karen Clontz made the  following announcements:  The Town's recycling numbers went up to 71% from 54% this time last year;  The Town of Sawmills Kick Ball season started this week; The Church Wood Bat league also started this week.  COUNCIL COMMENT: Mayor Pro-Tem Trena McRary Kirby asked if anyone on the  Council had any questions or comments at this time. Joe Wesson wanted to thank everyone for coming.  Johnny Wilson thanked Keith Warren for giving the invocation.  CLOSED SESSION: ATTORNEY/CLIENT PRIVILEGE: Mayor Pro-Tem Trena Joe Wesson made a motion, and Jeff Wilson seconded, to go into closed session at 6:15 pm. Joe Wesson made a motion, and Gerelene Blevins seconded, to come out of closed session  McRary Kirby asked for a motion to go into closed session.  at6:50 pm.    July 21, 2015 Page 5of5  COUNCIL ADJOURN: Mayor Pro-Tem Trena McRary Kirby asked for a motion to Jeff Wilson made a motion, and Gerelene Blevins seconded, to adjourn the meeting. All  adjourn. were: in favor.  Julie A Good, Town Clerk  Trena McRary Kirby, Mayor Pro-Tem    Page 10 of1  TUESDAY, AUGUST 4, 2015 AT THE EDC 5:30PM  TOWN OF SAWMILLS SPECIAL COUNCIL MEETING  COUNCIL PRESENT Trena McRary Kirby Joe Wesson Jeff Wilson Gerelene Blevins COUNCIL ABSENT Johnny Wilson  STAFF PRESENT Terry Taylor  CALL' TO ORDER: Mayor Pro-Tem Trena McRary Kirby called the meeting to order.  INVOCATION: Councilman Joe Wesson gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Pro-Tem Trena McRary Kirby led the Pledge of CLOSED SESSION: ATTORNEY/CLIENT PRIVILEGE: Mayor Pro-Tem Trena Joe Wesson made a motion, and Gerelene Blevins seconded, to go into closed session at Joe Wesson made a motion, and Gerelene Blevins seconded, to come out of closed session COUNCIL ADJOURN: Mayor Pro-Tem Trena McRary Kirby asked for a motion to Joe Wesson made a motion, and Gerelene Blevins seconded, to adjourn the meeting. All  Allegiance.  McRary Kirby asked for a motion to go into closed session.  5:35 pm. All were in favor. at 7:50 pm. All were: in favor.  adjourn. were in favor.  Julie A Good, Town Clerk  Trena McRary Kirby, Mayor Pro-Tem    Page 1 ofl  TUESDAY,AUGUST 5, 2015 AT THE EDC 5:30PM  TOWN OF SAWMILLS SPECIAL COUNCIL MEETING  COUNCIL PRESENT Trena McRary Kirby Joe Wesson Jeff Wilson Gerelene Blevins COUNCIL. ABSENT Johnny Wilson  STAFF PRESENT Terry Taylor  CALL' TO ORDER: Mayor Pro-Tem Trena McRary Kirby called the meeting to order.  INVOCATION: Councilman Joe Wesson gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Pro-Tem Trena McRary Kirby led the Pledge of CLOSED SESSION: ATTORNEY/CLIENT PRIVILEGE: Mayor Pro-Tem Trena Joe Wesson made a motion, and Gerelene Blevins seconded, to go into closed session at Gerelene Blevins made a motion, and Joe Wesson seconded, to come out of closed session COUNCIL ADJOURN: Mayor Pro-Tem Trena McRary Kirby asked for a motion to Jeff Wilson made a motion, and Joe Wesson seconded, to adjourn the meeting. All were in  Allegiance.  McRary Kirby asked for a motion to go into closed session.  5:30 pm. All were in favor. at 7:46 pm. All were in favor.  adjourn. favor.  Julie A Good, Town Clerk  Trena McRary Kirby, Mayor Pro-Tem    AGENDA ITEM 8A  MEMO DATE: SUBJECT:  August 18, 2015 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Mr. Jordan Neill on winning the Recycle Rewards Program for the month of August. Mayor Pro Tem Trena McRary Kirby will present him 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 ITEM8B  MEMO DATE: SUBJECT:  August 18, 2015 Recognition: Yard oft the Month Winners  Discussion:  Lindy and Linda Johnson, from the 28638 zip code, are the Yard oft the Month winners for August. Mayor Pro Tem Trena McRary Kirby will present them with a Certificate of  Appreciation.  Recommendation: No Council action required.    AGENDA ITEM 9A  MEMO DATE: SUBJECT:  August 18, 2015 Financial Matters: Bid Award for Remont Dr And Oxford Dr Waterline Replacement Project  Discussion:  The Town has received three (3) bids for the Remont Drive and Oxford Drive Waterline  Replacement Project. Wesson Septic Tank Service, Inc. Davis Grading, Inc. Bell Construction Co., Inc.  $89,225.00 $90,795.00 $92,763.00  There are sufficient funds in the budget for this project,  Recommendation:  Staffrecommends Council award the bid to Wesson Septic Tank Service, Inc., ini the amount of  eighty-nine thousand two hundred twenty-five dollars ($89,225.00).    y SR 1  :  405 South Sterling Street, Morganton NC 28655 828 433. 5661 / fax 828 433 5662 / Mio@owskongulenti.con  CONSULTANTSuc  August 4, 2015  Karen Clontz, Interim Town Manager Town of Sawmills 4076 US Hwy 321-A Sawmills, NC 28630  RE: Remont Road and Oxford Road Waterline Replacement Project  Bid Results Dear Mrs. Clontz:  On Thursday,July: 31, 2015 at 2:00 PM, bids were received for the above referenced project. A copy ofthe bid tabulation is enclosed for your review. The bids have been reviewed and the low bid is from Wesson Septic Tank Service, Inc. of Shelby, North Carolina, in the amount of$89,225.00. Irecommend this contract be awarded to Wesson Septic Tank Service, Inc. in the amount of their low bid.  Ifyoul have any questions, please let me know.  Sincerely,  WEST CONSULTANTS, PLLC David W. Poore, PE, CPESC  Bdw.peu  Enclosures   8-15      m89E0 46  553 2    AGENDA ITEM 9B  MEMO DATE: SUBJECT:  August 18, 2015 Financial Matters: Disposal of Unscheduled Records  Discussion:  The attached list shows all records that staff would like to destroy in accordance with the North  Carolina General Statutes Municipal Records and Disposition Schedule.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish to proceed.    Reproduce this) form as needed.  North Carolina Department of Cultural Resources Division of Archives and Records Government Records Branch  REQUEST FOR DISPOSAL OF UNSCHEDULED RECORDS  TO  Assistant Records Administrator N.C. Division of Archives and Records Government Records Branch 4615 Mail Service Center Raleigh, NÇ 27699-4615 Name hmTreth County Caldwe  FROM  Agency or department Tonot Saumls Phone number X3R-3Rl-903  In accordance with the provisions of G.S. 121 and 132, approval is requested for the destruction of records listed below. These  records have no further use or value for official or administrative purposes.  RECORDS' TImLE AB AIP AIR AB AR u LL LL AAIA u ( LL  DESCRIPTION Locher Bills Cosn Roopipts-t Taingaclicn Cordol Daports Trengectin Cborinol Raports Accouress Receivechte Roports 1L IC W writem oR Coourds RudTinals I Papcs LL tt IL 16 Title  INCLUSMVE DATES QUANTITY MICROFILMED? RETENTION  (YESORNo) No No No No NO No No No NO No eoch NO ecch 1-494S Date Date Date  PERIOD Byfs 3yrs lyr lyr Byfs 3yfs Byrs Byrs 3yfs 3ys 3yrs 3yrs  Cash Dacoits-t (Copies) Suno-bec woder Blls (eoes) aoa  don San-Sune lOcpe San-Dea 8013 lopA Scnsung GOH 188 Sa-Des 6008 cgs San- Bec 0009 'SA San-Dc, ICopy 600 San-Suma Idopy I Som-bo, Cops 6006 So-loe 0001 Joopy eoeh Sam-bec Icop 600R Som-Dec, copy 6009  CXCA ech  ecch ec ah NJo  Requested by: humslti  OFFco Mooner  Signature Signature  Approved by: Concurred by: (as indicated) Signature  Head of Governing Board Assistant Records Administrator NCD Division of Archives and Records    Reproduce this form as needed.  North Carolina Department of Cultural Resources Division of Archives and Records Government Records Branch  REQUEST FOR DISPOSAL OF UNSCHEDULED RECORDS  TO  Assistant Records Administrator N.C. Division of Archives and Records Government Records Branch 4615 Mail Service Center Raleigh, NÇ 27699-4615 Name hmTreta County Phone number  FROM  Cailwo  Agency or department, TounoR Sousmils  858-3A67403  In accordance with the provisions of G.S.: 121 and 132, approval is requested for the destruction of records listed below. These  records have noi further use or value for official or administrative purposes.  RECORDS TITLE AIR LL AIB AA Aa Ap AA Ap AAB AIp F AB Aa Requested by: Approved by: Concurred by: (as indicated) Signature  DESCRIPTION coritem & CCOOusts dBlpds u Telaphone CQQ Los Poweng bio0 Pocors Eaasdrdlald popertuy Taorol Boorols Poliusmonks Boomls L LL 1L SB's IL  INCLUSIVE DATES QUANTITY MICROFILMED? RETENTION  (VESORNO) NJO 3ys No NO NO  PERIOD 3y8 loy 34  Jom-de Iaopey 601D ecch Somne ICopy 6011 Sooia- IGop Sune 8014 eco AA8- 6010 go0a- Ceps 6004 eoch 6003,0003, ac4 lcpa No Swne-Bec lGops OCOR SonDpe 8009 IEA SomOc 6DD Somane 0011 ER Sung-Dec 000R PooK Sanv-One, 0009 CTA  Ocoh ICop GoaR  No JDys NJO No AJO NO NO NO 76915 Date Date Date  JOys B4s Bys Bus bys Byus By  uB  ecch CEA ICopyy  Ofic Manger  Title  bsuatle  Signature  Head of Governing Board Assistant Records Administrator NCD Division of Archives and Records    Reproduce this form as needed.  North Carolina Department of Cultural Resources Division of Archives and Records Government Records Branch  REQUEST FOR DISPOSAL OF UNSCHEDULED RECORDS  TO  Assistant Records Administrator N.C. Division of Archives and Records Government Records Branch 4615 Mail Service Center Raleigh,! NÇ 27699-4615 Name Sinn Trvelte County Coldlubelt  FROM  Agency or department lown oSawmils Phone number 8R-SAl-7403  Ina accordance with the provisions of G.S. 121 and 132, approval is requested fort the destruction of records listed below. These  records have no further use or value for official or administrative purposes.  RECORDS TImLE AB AP Finameo Financo Firomoo Firameo Firoeo (L LL (L AIP AIP  DESCRIPTION  INCLUSIVE DATES QUANTITY MICROFILMED? RETENTION  (VESORNo). NO NO NO  PERIOD Bus Byus 34is Byys 34us 34s Gys B4s Ss Byks  SE's IL IL W IL  Sam-ec, IOcps 6010 Coch Samsune Cops 601 eca NO Sung-Ge ICopan dR Pocp Som-bne 6009 CA So-D Boib CSR No Soum-Suna ICopu ODLL a-Dec Idop Sm-Doc ICopy 6009 Sa-Bee Idopy B01D cusme GON 6008,0009 6010 Suno-Doc, lcopas 6008 ecah  bonk Stodemonts  1 LL CL a (L l L LL bports Accounits Pnphlo Doports  GR NO each eceh NO PESSA Idopa OCOR  Ponk PeolscAeen G00R  No  CooK NO Byrs  NO No Myus NO 7-89-15  Requested by: huglusto  O8Ric Mamper  Signature Signature  Title  Date Date Date  Approved by: Concurred by: (as indicated) Signature  Head of Governing Board Assistant Records Administrator NCD Division of Archives and Records    Reproduce this) form as needed.  North Carolina Department of Cultural Resources Division of Archives and Records Government Records Branch  REQUEST FOR DISPOSAL OF UNSCHEDULED RECORDS  TO  Assistant Records Administrator N.C. Division of Archives and Records Government Records Branch 4615 Mail Service Center Raleigh, NC 27699-4615 Name KmTrvet County Cadcoe0y Phone number  FROM  Agency or department oOnOE Saumils  86R4l-HA3  In accordance with the provisions of G.S.: 121 and 132, approval is requested for the destruction of records listed beiow. These  records have no further use or value for official or administrative purposes.  RECORDS TmE AP (L Lt AP 1E LL LL AP Ll L( APp  DESCRIPTION  INCLUSIVE DATES QUANTITY MICROFILMED? RETENTION  (VESORNO) NO  PERIOD Bus 3ys 3ys 3yps 34s 34s Byis 3ys 34s 34is  Acdoums Poualla Daports So-Des Copy  0009 eooy Son-Dae, 6010 leA NO SomSNR Gou lecgon NO P-DC 008 CA Sonsbee Sow-be IQopy 6010 Som-bune 1Gopy NO G01 Su-Dpe 600R Gh No SaaR-Ope 6209 BSA No GRR-Ree Ioopy 6D10 pcb Sun-Sne Copy do1 eody Sumg-De laopy 6008 OcR No  IL W Podomt  IL LL degue LL IL IL IL IL LC  LL (t  No NO  6009 CA NO 3uys  LE LL PO's IL 11 W Flais  ecah Roa  NO  NO S4s M95 Date Date Date  Requested by: humyst  68fico Mamper  Signature Signature  Title  Approved by: Concurred by: (as indicated) Signature  Head of Governing Board Assistant Records Administrator NC Division of Archives and Records    Reproduce this form as needed.  North Carolina Department of Cultural Resources Division ofArchives and Records Government Records Branch  REQUEST FOR DISPOSAL OF UNSCHEDULED RECORDS  TO  Assistant Records Administrator N.C. Division of Archives and Records Government Records Branch 4615 Mail Service Center Raleigh, NÇ, 27699-4615, Name Simivc ctte County Calduvle Phone number  FROM  Agency or department Tonof Sauomills  968-394-4403  In accordance with the provisions of G.S. 121 and 132, approval is requested fort the destruction ofr records listed below. These  records haver no further use or value for official or administrative purposes.  RECORDS TITLE AP LL LL Firameo Fioamao HA Pbnneng Pbugall Raoll Msc Pse Raypall  DESCRIPTION  INCLUSIVE DATES QUANTITY MICROFILMED? REYENTION 6009 CA NO  [VESORN).  PERIOD 3ys 34s ly   So-dc Sombe Sm-sune ICcPy Go1L eoh 20a, 2004 1948-d01a laop eco 19900008 Doopigs eoch A05-a008 ICOp ARP,E,  FuTickoks Kuol ticats LL Inu-9l's L0CQ03  600 CA NO Sys > 0010,801 loa No 14c  LL  NO NO NO No  OSHAFiles 300loss 6001-808 IGopy Poch  Zonnime Termiks SA.Dotifened Pocods houglo Bopnds LDonkodors HOK Reeds  Qoak  NO B4s  Scktinc Bocorls a003-309 CA NO  PRA IOBA NO B5 aSA NO 2004-3007 legs NO  - "q 4yrs  Requested by: liguall  OBFco Manaper  9945 Date Date Date  Signature- Signature  Title  Approved by: Concurred by: (as indicated) Signature  Head of Governing Board Assistant Records Administrator NC Division of Archives and Records    AGENDA ITEM 10A  MEMO DATE: SUBJECT:  August 18, 2015 Discussion:  Encroachment Agreement  Discussion:  South Carolina Telecommunications Group Holdings LLC, d/bla/ Spirit Communications has Attached is the Encroachment Agreement, as well as a map, with the specific details of where the  filled out an Encroachment Agreement for the Coble Dairy Road.  encroachment will be.  Recommendation: information provided.  Staffrecommends Council decide if they wish to grant the encroachment based on the    OFSALT  MAYOR  TOWN COUNCIL Gerelene Blevins Joe Wesson JeffWilson Johnny Wilson  TOWN ADMINISTRATOR Trena McRary Kirby, Mayor Pro-Tem  PORAIED  Preparad By Terry M. Taylor, Post Office Drawer 2428, Hlokory, North Carolina 28603  TOWN OF SAWMILLS CALDWELL COUNTY STREET:, Coble Dairy Rd  BETWEEN: TOWN OF SAWMILLS  AND  C CONTRACT n RIGHT OFWAY ENCROACHMENT AGREEMENT day of.  THISAGREEMENT, made and entered into this the  20  by and between the Town of Sawmlis, Narth Carolina, (hereinafter "Town"), and South Carolina csSsaaNCS parly of the second part,  d/bla Spirit Communications  WITNESSETH:  THAT WHEREAS, the party of the sécond part desires to enoroach on the right-of-way of the public road designated as for the purposas of constructing or ereoting: fiber optic cable_within the sald right-of-way as more particularly shown oni tha diagram attached WHEREAS, t is to the materlal advantage of the party of the second part to pffect this encroachment, and the Town, In the exeroisg of authority conferred upon it by statute, Is wiling to permit the enoroachment within thè, limits. of the right-of-way as Indicated, subject to the NOW; THEREFORE, IT 18 AGREED that the Town hereby grants to. the parly of the second part, its successors, and assigns, the right and priilege to make this encroachment, 1. That the said party of the second part binds and obligates itself, Its successors and assigns to erect and maintain the encroaphing structure In such reasonably safe and proper condition including aesthetic appearanoe, that lt wil not interfere with, or endanger, travel upon said highway; nor obstruct nor Interfere with the proper maintenance thereof, and ff at any time the Town shail require the partial or full removal of or changes In the location of.the sald itoms, that the said parly of the  hereto and Incorporated herein.  conditions oft this agreement.  upon the following conditions, to wit:  199399-1    sscond part binds tsélf, Its swocessors and assigns, to promptly remove or alter the sald items, in order to conform to the saidt requirement, without any cost tot the Town; 2. That the sald party of the second part agreus to comply with any provisions of the Town's Work Area Traffic Control Handboak should any roadway or Walkway, or portion theraof, need to be blooked or closed during construction. Further, the parly of the second part agrees to provide advance notification to, and obtain a Right of Way Usa Permit from, the Town for any such roadway ar walkway ciosure in  acoordance with foliowing:  Travei lane(s) andlor sidewalk(s) -5v working days (minlmum) Street Closure- 10 working days (minimum)  Construotion, Installation, and maintenance activitles are further restrioted from blocking or closing a roadway or walkway at cortahn times of the day, These  activities cannot occur during the following tires:  7:00-8:00am, Monday- Friday 4:00-6:00pm, Monday--Friday  3. That the parly of the second part agrees to provide notification to, and obtain a Street Cut-F Permit from, the Street Maintenanos Department at least 24 hours prior to performing any construction that Involves the culing or breaking pf any roadway or 4. That the Town retains the rght and privilege to remave or alter the sald ltems. whenever an emergency or other situation requires prompt action and the Town may racover the cost assoolated wth ramoving or altering sald encroachment. 5: That the party of the second part, its successors and assigns agree to indemnify and hold harmless the Town, its officars and employees, trom and against all damage, including Injury to persons or damages to property, sxpenses or ather llablity which may, résult from, arisa out of, or be brought by reason of the enoroachment; 8, That the party of the second part, its suocessors and assigns, further agrees to defend any lawsuits which may be brought against the Town, its officers and employees by-reason of the operation of the above-mentioned encroachment and pay any claims or judgments resulting from or preceding such lawsults, Such agreement as to Indemnification and defense shall be construed to the end that the Town, its officers and employees, will suffer no labilly or expense bepause of suoh 7. The party of the second part, its successors and assigns, at their own exponse, shall purchase ard maintaln for the duration of this agreement Comprehensive General Liability Insurange and contractual Habilly assumed under this agneement. Such palicy or polioles of insurance shall be for limits of not less than $1,000,000 bodly injury, and properly damage fability, and will be subject to future review and adjustment at the request of the Town, Corlfigates of! Insurange shall be furnished to the Direotor of the Finance Department contalning the provision that 30 days written notice will be given to the Town prior to cancellation or change In the equired  walkway pavement.  dlaims or legal actions.  199399-1    coverage. The provision of such insurance shall in no way replace or otherwise limit 8. If the party of the second part should sell or otherwise transfer tile to the property adjaining this enoroachment, It shall notify the Town of the transfer and provide evidence that its suopessor or assign has obtained the insurance required under paragraph 6 of this agreement and has otherwise agreed to assume the liabilities and obligations set forth in this Agreement and has the financial means to meet such abligations. Upon the recelpt of satisfactory evidence of sald insurance, assumption of responsibilty, and financial means, the party of the seçond part shall be relleved of all flabilitiss and obligations arising under this agraement by reason of any act ar omission oocurring after the giving of such notice and the proof of such Insurance 9. That the parly of the second part understands that power companles, CATV television franchise holders, and: othor holders of easements In Town right-of-way have or may have rights paramourt to those. of the party of the second park to use of lands urder the Town right-of-way et the location specified In this Agreement. 10. That the party of the second part waives any, and all clalms for damages or other relief whigh it may now or hereafter have against the Town for interference with or damage to its facllities located within the Town rights-of-way way arising out of  the obligation to defend and pay claims described previously,  and assumption.  i  negligent act or omission.  199399-1    TOWN OF SAWMILLS, NORTH CAROLINA APPLICANT: SCTGH, LLC d/bla Spirit Communications  By: Mayor ATTEST:  Name: (Company) Address By: Title: President Attest: Secretary  (Telephone Number)  (seal)  Town Clerk  (seal)  APPROVED ASTO INSURANCE:  Finance Officer Approved ast to Form Town Attorney  *Signature must be notarized*  199399-1    A  3  3  S 8  -  I 5  -  E    38  BB        b    MosE  KAE    L    3  BBDD 293000 X  000000  000000    :  3    S E L 3 6  2  Z E  B    KELLINA  b COBLE/ DAIRY! RD  D    AGENDA ITEM 10B  MEMO DATE: SUBJECT:  August 18,2015 Discussion: Event Schedule Date Change for Veterans Memorial Celebration  Discussion:  The Veterans Memorial Celebration this year is November 7, 2015 which is also the same day as  the Sawmills Fire Department's Annual Ham Day.  Recommendation:  Staff recommends Council decide if they wish to change the date of the Veterans Memorial  Celebration to November 14, 2015 which is the following Saturday.    AGENDA ITEM 12A  MEMO DATE: SUBJECT:  August 18, 2015 Updates: SEBAJuly Progress Report  Discussion:  Sherry Long from the Western Piedmont Council ofGovernments (WPCOG), sent the attached  progress report for the SBEA Project12-C-2443.  Recommendation: No Council action required.    MAYOR  TOWN COUNCIL Gerelene Blevins Joe Wesson Jeff Wilson Johnny Wilson  TOWAADMINISTRATOR Trena McRary Kirby, Mayor Pro-Tem  a  CORPORATED 98  TO:  Trina McRary Kriby, Mayor Pro-Tem Gerelene Blevins, Councilwoman Joe Wesson, Comcilman Jeff Wilson, Councilman Johnny Wilson, Council Sherry Long, WPCOG Progress Report on SBEA 12-C-2443 August7,2015  FROM: SUBJECT: DATE:  Thel Department of Commerce is requiring a 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 Pro-tem and submitted to thel Department of Commerce by the 10th day of  each month, The following activities occurred in July,2015:  Environmental Review was approved by the Department of Commerce 5 pieces of equipment were put out tol bid on IPS.  &  Trinal McRary Kirby Mayor Pro-Tem  Town of Sawmills htp/www.townofsawmills.com  40761 US Highway 321-A * Sawmills NC * (828)396-7903 * (828)396-8955 fax  The' Town ofs Sawmills does not discriminate ont thel basis of age, sex, race, religion, national origin, disability, political affiliation, ox marital status.    AGENDA ITEM 12B  MEMO DATE: SUBJECT:  August 18,2015 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