Page 1 of6 TUESDAV,AFRILIS2DIA TOWN OF SAWMILLSREGULAR COUNCIL MEETING 6:00 PM COUNCIL PRESENT Bob Gibbs Joe Wesson Gerelene Blevins Jeff Wilson Johnny Wilson STAFF PRESENT Seth Eckard Susan Nagle Terry Taylor COUNCIL ABSENT Trena McRary Kirby CALLTOORDER: Mayor Bob Gibbs called the meeting to order. INVOCATION: Mayor Bob Gibbs gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Bob Gibbs led the Pledge of Allegiance. ADOPT AGENDA: Mayor Gibbs asked for a motion to adopt the agenda with the Joe Wesson made a motion, and Gerelene Blevins seconded, to adopt the agenda with APPROVE MARCH 18, 2014 REGULAR MEETING MINUTES: Mayor Gibbs asked Jeff Wilson made a motion, and Gerelene Blevins seconded, to approve the minutes. All APPROVE MARCH 18, 2014 CLOSED SESSION MEETING MINUTES: Mayor Gibbs asked for a motion to approve the March 18, 2014 closed session meeting minutes. Joe Wesson made a motion, and Jeff Wilson seconded, to approve the minutes. All were in following change; remove item 7A. changes. All were in favor. for aj motion to approve the March 18, 2014 regular meeting minutes. were in favor. favor. : : :: : :15 5 : April 15,2014 Page2of5 APPROVE MARCH 25, 2014 SPECIAL MEETING MINUTES: Mayor Gibbs asked Johnny Wilson made a motion, and Jeff Wilson seconded, to approve the minutes. All were APPROVE APRIL3, 2014 SPECIAL BUDGET WORKSHOP MEETING MINUTES: Mayor Gibbs asked for a motion to approve the April 3, 2014 special budget workshop Joe Wesson made a motion, and Gerelene Blevins seconded, to approve the minutes. All PUBLIC COMMENT: Mayor Gibbs asked if anyone had any questions or comments at for ai motion to approve the March 25, 2014 special meeting minutes. in favor. meeting minutes. were: in favor. this time. No one wished to speak. DISCUSSION: SAWMILLS FARMERS MARKET: Mayor Bob Gibbs introduced Olivia Ford, Co- Mrs. Ford thanked Council and residents for their support over the last three years. The Sawmills Farmers Market starts May 6, 2014, opens at 3:00, and closes at 7:00 pm. There is room to expand and space for more vendors. They will be accepting SNAP and debit cards again this year but unfortunately, due to a loss in some grant funding the fee charged for use of debit cards has increased to $1.50 per transaction. The opening day celebration will take place on May 27, 2014 and will hopefully include a live band, free food, games and other activities for kids that day. Due to the loss of some grant funding the Farmers Market is requesting a donation to help fund supplies, activities, and advertisement for the year. The Farmers Market is currently looking for a market manager and will post a job description on their website, the bulletin board in the lobby of the Town Hall as well as through multiple Market Manager, oft the Sawmills Farmers Market. media outlets. RECOGNITIONS: RECYCLE REWARDS WINNER: Town Administrator Seth Eckard announced Ivey Cannon as the April Recycle Rewards winner. A credit of twenty-eight dollars ($28.00) will be added to Miss Cannon's sanitation bill and her certificate will be available at the Town Hall for pick up. No Council action was required. - 1.6 . : April 15,2014 Page 3of5 YARD OF THE MONTH WINNERS: Mayor Gibbs announced Sawmills Elementary School, from the 28630 zip code, and Robin Soots, from the 28638 zip code, as the April yard of the month winners. Mayor Gibbs presented Sawmills Elementary School Custodian Teresa Miller with a certificate and stated that Mr. Soots' certificate would be available at the Town Hall for pick up. No Council action was required. PLANNING MATTERS: ADOPT PROPOSED RIGHT-OF-WAY ENCROACHMENT AGREEMENT PROCEDURES AND PROPOSED ENCROACHMENT AGREEMENT: Town Administrator Seth Eckard stated Town Attorney Terry Taylor has drawn up the enclosed right-of-way encroachment procedures and agreement for the town to implement. Joe Wesson made a motion, and Gerelene Blevins seconded to approve the enclosed right- of- way procedures and agreement. All were in favor. PERSONNEL MATTERS: ADOPT PROPOSED EMPLOYEE JOB DESCRIPTIONS, ACHIEVABLE GOALS AND INCENTIVES: Mayor Bob Gibbs introduced David Hill with HR Essentials David Hill expressed his appreciation towards the staff for all their help with the pay classification study. Mr. Hill stated that staff has given a lot of their time to assist with the pay classification study. After several meetings, gathering data, analyzing data and working through the process, each staff member filled out a fifteen page questionnaire about what Joe Wesson made a motion, and Gerelene Blevins seconded to adopt the employee job ADOPT PROPOSED EMPLOYEE PAY GRADE: Mr. Hill stated all positions and the local labor market were analyzed to help determine the salary for each position. Each Joe Wesson made a motion, and Jeff Wilson seconded, to adopt the employee pay grade. Consulting. they do which then created the job descriptions. descriptions, achievable goals and incentives. All were in favor. position was then assigned to a salary grade. All were in favor. April 15,2014 Page 4 of5 FINANCIAL MATTERS: ADOPT PROPOSED RECYCLING COLLECTION AGREEMENT: Town Administrator Seth Eckard stated the contract between the Town of Sawmills and Republic Services of North Carolina, LLC needs updated. The term of the contract will be for five (5) years and will begin July 1,2014. The cost oft this contract is in the amount $3.27 per residence (based on 1600 residences). In the event of any annexations, the charges may be adjusted immediately. The only change in cost would be for the CPI (consumer price index) which shall be adjusted annually starting July 1, 2015 Jeff Wilson made a motion, and Johnny Wilson seconded, to approve a contract for curbside recycling with Republic Serviçes ofNorth Carolina, LLC. All were in favor. PUBLIC COMMENT: Mayor Gibbs asked if anyone had any questions or comments at and effective. July 1 each calendar year. this time. No one wished to speak. UPDATES: COMMUNITY DEVELOPMENT BLOCK GRANT MONTHLY STATUS REPORT AND UPDATE: Administrator Eckard stated Nancy Coley, Program Administrator with the Western Piedmont Council of Governments has enclosed an update and the monthly status report for the Community Development Block Grant (CDBG) which, shows that all requirements are on schedule for the Haystation, LLC. No Council action was required. COMMUNITY DEVELOPMENT BLOCK GRANT SEWER PROJECT MONTHLY UPDATE: Administrator Eckard stated Lisa Helton, Program Administrator with the Western Piedmont Council of Governments has enclosed an update on the Community Development Block Grant Sewer Project. No Council action was required. CODE ENFORCEMENT MONTHLY REPORT: Administrator Eckard stated the enclosed report shows an update of the progress made throughout the Town by Planner Elinor Hiltz. No Council action was required. : : : . : - 15 : : - - : 173 : : : : : 351 April 15,2014 Page 5 of5 ADMINISTRATORS REPORT: Administrator Eckard made the following announcements: The Town Hall and Public Works will be closed on Friday, April 18, 2014 for Good The final budget workshop will be held at 5:00 pm on Thursday, April 24, 2014. The Town of Sawmills' Annual Easter Egg Hunt was a big success. Administrator Friday. Eckard expressed appreciation for everyone that participated. The Town of Sawmills' Facebook page currently has 1,000 likes. COUNCIL COMMENT: Mayor Gibbs asked if anyone on the Council had any questions Councilman Wesson thanked everyone for coming and stated he appreciates the citizens' or comments at this time. comments. ADJOURN: Mayor Gibbs asked for a motion to adjourn. Jeff Wilson made a motion, and Joe Wesson seconded, to adjourn the meeting. All were in favor. Kint Wuil KimTrivette, Interim BI) Bob Gibbs, Mayor Town Clerk MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard TOWN COUNCIL Gerelene Blevins Joe Wesson Jeff Wilson Johnny Wilson OFSANIT Trena McRary Kirby, Mayor Pro-Tem ORPORATED Prepared By Terry M. Taylor, Post Office Drawer 2428, Hickory, North Carolina 28603 TOWN OF SAWMILLS CALDWELL COUNTY STREET: BETWEEN: TOWN OF SAWMILLS AND C CONTRACT - RIGHT OF WAY ENCROACHMENT AGREEMENT day of THIS AGREEMENT, made and entered into this the 20_ by and between the Town of Sawmills, North Carolina, (hereinafter "Town"), and party of the second part, WITNESSETH: THAT WHEREAS, the party of the second part desires to encroach on the right-of-way of the public road designated as for the purposes of constructing or. erecting: within the said right-of-way as more particularly shown on the diagram attached hereto and incorporated herein. WHEREAS, t is to the material advantage of the party of the second part to effect this encroachment, and the Town, in the exercise of authority conferred upon it by statute, is willing to permit the encroachment within the. limits of the right-of-way as indicated, subject to the conditions of this agreement. NOW, THEREFORE, IT IS AGREED that the Town hereby grants to. the party of the second part, its successors, and assigns, the right and privilege to' make this encroachment, upon the following conditions, to wit: 1. That the said party of the second part binds and obligates itself, its successors and assigns to erect and maintain the encroaching structure in such reasonably safe and proper condition including aesthetic appearance, that it will not interfere with, or endanger, travel upon said highway; nor obstruct nor interfere with the proper maintenance thereof, and if at any time the Town shall require the partial or full removal of or changes in the location of. the said items, that the said party of the 199399-1 second part binds itself, its successors and assigns, to promptly remove or alter the said items, in order to conform to the said requirement, without any cost to the Town; 2. That the said party of the second part agrees to comply with any provisions of the Town's Work Area Traffic Control Handbook should any roadway or walkway, or portion thereof, need to be biocked or closed during construction. Further, the party of the second part agrees to provide advance notification to, and obtain a Right of Way Use Permit from, the Town for any such roadway or walkway closure in accordance with following: Travel lane(s) and/or sidewalk(s) - 5working days (minimum) Street Closure = 10 working days (minimum) Construction, installation, and maintenance activities are further restricted from blocking or closing a roadway or walkway at certain times of the day. These activities cannot occur during the following times: 7:00-9:00am, Monday - Friday 4:00-6:00pm, Monday = Friday 3. That the party of the second part agrees to provide notification to, and obtain a Street Cut Permit from, the Street Maintenance Department at least 24 hours prior to performing any construction that involves the cutting or breaking of any roadway or 4. That the Town retains the right and privilege to remove or alter the said items. whenever an emergency or other situation requires prompt action and the Town may recover the cost associated with removing or altering said encroachment. 5: That the party of the second part, its successors and assigns agree to indemnify and hold harmless the Town, its officers and employees, from and against all damage, including injury to persons or damages to property, expenses or other liability which may. result from, arise out of, or be brought by reason of the encroachment, 6. That the party of the second part, its successors 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 lawsuits. Such agreement as to indemnification and defense shall be construed to the end that the Town, its officers and employees, will suffer no liability or expense because of such 7. The party of the second part, its successors and assigns, at their own expense, shall purchase and maintain for the duration of this agreement Comprehensive General Liability Insurance and contractual liability assumed under this agreement. Such policy or policies of insurance shall be for limits of not less than $1,000,000 bodily injury. and property damage liability and will be subject to future review and adjustment at the request of the Town. Certificates of Insurance shall be furnished to the Director of the Finance Department containing the provision that 30 days written notice will be given to the Town prior to cancellation or change in the required walkway pavement. claims 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 title to the property adjoining this encroachment, it shall notify the Town of the transfer and provide evidence that its successor 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 obligations. Upon the receipt of satisfactory evidence of said insurance, assumption of responsibility, and financial means, the party of the second part shall be relieved of all liabilities and obligations arising under this agreement by reason of any act or omission occurring after the giving of such notice and the proof of such insurance 9. That the party of the second part understands that power companies, CATV television franchise holders, and: other holders of easements in Town right-of-way have or may have rights paramount to those of the party of the second part to use of lands under the Town right-of-way at the location specified in this Agreement. 10. That the party of the second part waives any and all claims for damages or other relief which it may now or hereafter have against the Town for interference with or damage to its facilities located within the Town rights-of-way way arising out of the obligation to defend and pay claims described previously. and assumption. negligent act or omission. 199399-1 TOWN OF SAWMILLS, NORTH CAROLINA APPLICANT: By: Name: (Company) Address By: Mayor (Telephone Number) ATTEST: (seal) Title: President Attest: Town Clerk (seal) APPROVED AS TO INSURANCE: Finance Officer Approved as to Form Secretary Town Attorney *Signature must be notarized* 199399-1 STATE OF NORTH CAROLINA COUNTY OF CALDWELL Notary Public for said County and State, certify that personally came before me this day and who, being by (Name of Notary) (Name ofSecrelary) me sworn, acknowledged that (s)he is the Secretary of the (Name of Corporation) knows the Common Seal of the. and is acquainted with of the name of the (Name of Corporation) Whois the - 4 and that (s)he saw the said (Name ofOfficer) (Name ofc Corporation) (Tite ofOficer) sign the (Name ofOfficer) foregoing instrument and that (s)he affixed said seal to said instrument and that (s)he signed her/his name in attestation of said instrument in the presence of (Name of Officer) 200 WITNESS my hand and notarial seal, this day of. (Notary Signature) Notary Public My Commission Expires: (Date) *All individual names in this notarization statementEncroachment Agreement must be consistent in name and signature throughout the document. 199399-1 TOWN OF SAWMILLS DEPARTMENT OF TRANSPORTATION Right-of-Way Encroachment Procedures Al Right-ofWay Encroachment Agreement is required for the installation of a permanent non- standard item(s) within a Town maintained street right-of-way by a private Individual, group, business, or nomeownerslousiness association. A non-standard item is one which is not installed by the Town ini the exercise of its duties and responsibilities which conforms to standards in the Manual of Uniform Traffic Control Devices, the Caldwell County Utility Department, or by utility franchise holders approved by the Town. A non-standard item is an accepted roadway design element as provided ini the current edition of APolicy:on Geometric Design of Highways and Streets published by the American Association of State Highway and Town of Sawmills executes a General Encroachment Agreement for the following types of Transportation Officials (AASHTO). 5 construction: Decorative pavers for walkways and streets Decorative signs and /or signposts Decorative lighting Awnings Building foundation footings Monitoring wells The Town also executes Encroachment Agreements for the specialized construction of Shoring & Tieback Systems, and Interim Telecommunications. All items considered for encroachment agreements must meet applicable Town codes/requirements and State/local building codes. The Town will determine, on a case-by-case basis, whether an encroachment will be considered based on concerns for public safety, applicable standards, and conflicting use of the right-of- way by the Town Departments and/or utility franchise holders. Further, the Town of Sawmills and other Town Departments may impose certain requirements as a condition of Encroachment Agreement Approval. The division of Risk Management of the Finance Department requires that a Certificate of Insurance for liability coverage be submitted with each Encroachment Agreement (currently $1,000,000) with the exception of the Irrigation Encroachment Agreement. Submittal Requirements A letter of request with all contact information for the project applicant and a full Three (3) executed, original, encroachment agreements (including notary) Page three (3) of the agreement must have a corporate seal affixed unless the company Liability insurance certificate with the Town of Sawmills designated as the named Three (3) sets of scaled drawings (prepared at 1'=20, 30' or 40' on 8-1/2" X 11" media) showing detailed Plan and Elevation drawings of the existing conditions and the description of the project. isa an LLC or LP. insured ini the amount of $1,000,000, or as determined. proposed encroaching item including: RW lines, signs, trees, curb, gutter, sidewalk, Narrative detailing the installation procedure and plan notes as necessary, A check for the. Application Fee in the amount of $450.00 which will be non- poles, pavement edges, utilities, and vicinity map., Detail of the item to be placed within the right-of-way, refundable upon submittal of the application. 199399-1 INDEMNITY INSURANCE COVERAGE REQUIREMENTS COMMERCIAL GENERAL LIABILITY- bodily injury and property damage liability as shall protect the contractor and any subcontractor performing work under this contract from claims of bodily injury or property damage which arise from operation of this contract whether such operations are performed by contractor, any subcontractor or any one directly ori indirectly employed by either. The amounts of such insurance shall not be less than $1,000,000 bodily injury each occurence/eggregate and $1,000,000 property damage each ocurrencelaggregate orf $1,000,000 bodily injury and property damage combined single limits each This insurance shall include coverage for products/completed operation, personal injury liability and contractual liability assumed under the indemnity provision of this contract. occurencelaggregate. 199399-1 THE TOWN OF SAWMILLS AND REPUBLIC SERVICES OF RESIDENTIALRECYCLING COLLECTION AGREEMENT NORTH CAROLINA, LLC This Agreement made and entered into as ofthe 15 day of April, 2014, by and between the Town ofSawmills, a municipality organized under the laws oft the State of North Carolina, (hereinafter referred to. as the Town) and Republic Services ofl North Carolina, LLC, a North Carolina limited liability çompany (hereinafter referred to as the Contractor). WITNESSETH: WHEREAS, the Town and Contractor entered. into a RECYCLING AGREEMENT dated June 21, 2011 and the parties have agreed to replace that Agreement with the WHEREAS, the Contractor is qualified to provide solid waste and recycling collection WHEREAS, the Town desires the Contractor to be the collector of residential recyclable materials, as defined in this document, within present and future boundaries oft the Town; NOW, THEREFORE, in consideration of the mutual covenants, agreements, and consideration contained herein, the Town and Contractor hereby agree as follows: a. Residence. A dwelling unit such as al house, mobile home, or multi-family dwelling, but not including hotels or motels. Each unit ofan multi-family dwelling b. Residential recyclable material. Aluminum, steel, and tin cans (lids and labels may be included); empty aerosol cans (plastic caps removed); clear, green and brown glass containers; all plastic bottles (#1 through #7) labels and caps may be included; newspaper and newspaper: inserts; brown paper grocery bags; magazines; catalogs; telephone books; junk mail; manila folders and envelopes; office paper; paperback books; post-it-notes; shredded paper; soda or beer cartons; toilet paper and paper towel rolls; wrapping paper; construction paper; egg cartons; paper envelopes (envelopes with plastic windows accepted.) box board (clean frozen vegetable containers, céreal boxés, pasta boxes, ect.); and Special material. These are bulky materials and other special wastes that are not stored in a standard storage container or equivalent trash bags and cannot be picked up by the normally used collection vehicle. Included are appliances; furniture, yard waste, building materials, demolition debris, bulky cartons not broken down, or other solid or liquid wastes that are not acceptable at the Foothills Environmental Landfill according to local; state, and/or federal Agreement contained herein; services, and shall begin such service on or about, July1,2014; 1. DEFINITIONS shall be considered a separate residence. corrugated cardboard. regulations. 1 The Contractor will indemnify, save. harmless, and exempt the Town, its officers, agent, servants, and employees from and against any law suits, actions, legal proceedings, administrative proceedings, claims, demands, damages, costs, expenses, and attorney's fees incident to any work done in the performance ofthis Agreement arising out of willful or negligent act oft the Contractor, its officers, agents, servants and employees; provided, however, that the Contractor shall not be liable for law suits, actions, legal proceedings, adminstrating proceedings, claims, demands, damages, costs, expenses and attorney's fees arising out ofwillful or negligent act of the Town, its officers, agents, servants, and employees. 19.A ASSIGNMENT No assignment ofthe. Agreement or any right occurring under this Agreement shall be made in whole or part by the Contractor without the express written consent of the Town. Such consent shall not be unreasonably withheld, delayed or modified. In the event ofany assignment, the assignee shall assume the liability of the Contractor. The Contractor shall keep records directly related to the services provided of solid waste and recyclable materials collected and charges therefore; and the Town shall have the right to review those records, which in any way pertain to the payment due. The Contractor shall provide a monthly report to the Town with the weights ofthe 20. BOOKS AND RECORDS recyclable material collected. 21. PERMITS AND LICENSES The Contractor shall obtain at its own expense all permits and licenses required by law or ordinance and maintain same in full force and effect. 22. MODIFICATION This Agreement constitutes the entire Agreement and understanding between the parties hereto, and it shall not be considered modified, altered, changed or amended in any respect unless in writing and signed by the parties hereto. 23. RIGHTTO: REQUIRE PERFORMANCE The failure oft the Town at any time to require performance by the Contractor of any provisions hereof shall in no way effect the: right oft the Town thereafter to enforce same. Nor, shall waiver by the Town of any breach ofany provisions hereofbe taken or held to be waiver of any provision itself. ZANON-PERFORMANCE In the event either party shall fail to observe or perform: any oft the covenants or terms ofthis Agreement, the other party may give notice in writing ofs such default. In the event such default is not cured within thirty (30) days from the date ofs such notice; the defaulting party may cancel this Agreement. Cancellation of this Agreement by the non-defaulting party shall not prevent said party from maintaining an action against the defaulting party for damages for such default or from pursuing such other legal remedies as may be available to it by reason of such default. The defaulting 4 party shall bel liable for reasonable attorney's fees incurred by the non defaulting party to enforce the provisions oft this Agreement. Neither party shall be liable for non-performance or delay in performance for causes due to force majeure and without its fault or negligence. For purposes of this Agreement force majeure is defined as cause beyond control oft the parties, including, but not limited to, acts ofGod; wars or civil commotion; destruction of facilities by fire, earthquake, or storm; labor strikes; epidemic; or failure of public facilities or common carrier. Not withstanding the provisions of this paragraph, if at any time, while the Agreement is in force, contractor fails to or is unable for cause to provide the service contemplated herein, the' Town shall have the right without payment or liability to Contractor to effect such other arrangements as it deems desirable during the Contractor's inability to perform. Ifany provision ofthis Agreement shall be declared illegal, void, or unenforceable, the other provisions shall not be affected but shall remain in full force or effect. This Agreement shall become effective and the Contractor shall begin collection of the residential solid waste and residential recyclable materials as covered herein on 25. ILLEGAL PROVISIONS 26. EFFECTIVE DATE July1,2014. TOWN OF SAWMILLS BY: bbons 612 REPUBLIC SERVICES OF NORTH CAROLINA, LLC BY: ATTEST: Gz685, MARO ohagl SSAN NAOE, TowN chnk, SEAL JULV4,1S08 Co : 5 dasapisied PCIASANAS as I val dasis Town of Sawmills The Haystation LLC Community Development Block Grant Small Business & Entrepreneurial Assistance (SBEA) MEMOTO: Bob Gibbs, Mayor Town Council Seth Eckard Town Administrator Susan Nagle, Clerk Karen Clontz, Finance Officer Nancy Coley, Project Administrator FROM: DATE: RE: April 10, 2014 CDBG No. 12-C-2443 Update to the Board The Haystation, LLC SBEA CDBG Project The Haystation reported 24 employees in October, 2012, the date the grant application was submitted to Commerce. Asoftoday, the company has 25 employees. Mr. Pritchard is currently advertising for new employees. The Haystation recently participated in the Caldwell County Job Hiring Fair; however, only one person expressed interest in a job with them. Mr. Pritchard is having difficulty finding new employees who are able to pass the screening provided by the business and its insurance company. The Haystation wants to purchase new trucks with the CDBG funds, but Mr. Prichard wants to increase the number ofe employees before he begins spending grant funds. Mr. Prichard has not spent any CDBG funds. CDBG Budget: Machinery & Equipment Planning Administration $250.000 225,000 5,000 20,000 TOWN OF SAWMILLS COMMUNITY DEVELOPMENT BLOCK GRANT DUFF DRIVE AREA SEWER PROJECT MEMORANDUM: TO: FROM: DATE: SUBJECT: Town Council and Town Administrator Lisa Helton, Program Administrator April 9 2014 CDBG Sewer Project Monthly Update The town's attorney is working on the required easements for the project. The bidding process can begin after all the surveying and easements are signed. Ifyoul have any question, please call me at 828-514-9194. Total Funds $711,100 $71,400 $ 5,000 $787,500 Spent to date $25,072.60 $18,100.60 $5,000 Remaining funds $686,027.40 $53,299.40 $0.00 Public Sewer Improvements Administration Planning TOTAL $48,173.20 $739,326.80