Page 1of5  TUESDAYJUNE 16, 2015  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT Trena McRary Kirby Joe Wesson JeffWilson Johnny Wilson Gerelene Blevins  STAFF PRESENT Seth Eckard Julie Good 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 ADOPT AGENDA: Mayor Pro-Tem Trena McRary Kirby asked for a motion to adopt the agenda with the addition of Agenda Item 9B: Appointment of Interim Town Administrator. Joe Wesson made a: motion, and Jeff Wilson seconded, to adopt the agenda with the addition of Agenda Item 9B: Appointment of Interim Town Administrator. All were in favor. APPROVE MAY 19, 2015 REGULAR MEETING MINUTES: Mayor Pro-Tem Trena McRary Kirby asked for a motion to approve the May 19, 2015 regular meeting minutes. Joe Wesson made a motion, and Gerelene Blevins seconded, to approve the minutes. All APPROVE May 19, 2015 CLOSED SESSION MINUTES: Mayor Pro-Tem Trena McRary Kirby asked for a motion to approve the May 19, 2015 closed session minutes. Gerelene Blevins made a motion, and Johnny Wilson seconded, to approve the minutes. All  Allegiance.  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.    June 16, 2015 Page 2of5  RECOGNITIONS:  RECYCLE REWARDS WINNER: Town Administrator Seth Eckard announced Grace Parsons as the June Recycle Rewards winners. A credit of twenty-eight dollars ($28.00) will be added to her sanitation bill. Mrs. Parsons was present to accept her certificate.  No Council action was required.  YARD OF THE MONTH WINNERS: Town Administrator Seth Eckard announced Howard and Mary Nell Benfield, from the 28630 zip. code, and Joyce Fox, from the 28638 zip code, as the June Yard of the Month winners. Town Administrator Seth Eckard stated  that both certificates would be available at the Town Hall for pick up.  No Council action was required.  PUBLIC HEARING: ADOPT PROPOSED FY 2015-2016 BUDGET:  OPEN PUBLIC HEARING: Mayor Pro Tem Trena McRary Kirby asked for a motion to Joe Wesson made a motion, Gerelene Blevins seconded, to open the public hearing. All STAFF COMMENTS/RECOMMENDATIONS: Town Administrator Seth Eckard stated Johnny Wilson wanted the citizens of Sawmills to know that the item Interlocal Transfer to Caldwell County in the amount of $280,000.00 (two hundred eighty thousand dollars) under General Fund Expenditures was not something that the Town willingly gives to Caldwell County. Caldwell County gives the Town no choice but to pay this amount. Joe Wesson stated that all in all the Town has a good budget and the Town is doing good things for the citizens. The Council and Town continues to move forward with budgets like PUBLIC COMMENT: Mayor Pro Tem Trena McRary Kirby asked if anyone wished to  open the public hearing. were in favor.  the proposed FY 2015-2016 budget was enclosed.  this one.  speak on the proposed FY 2015-2016 budget.  No one wished to speak.    June 16, 2015 Page 30 of5  CLOSE PUBLIC HEARING: Mayor Pro Tem Trena McRary Kirby asked for a motion to Jeff Wilson made ai motion, and Joe Wesson seconded, to close the public hearing. All were COUNCIL ACTION: Joe Wesson made a motion, and Gerelene Blevins seconded, to  close the public hearing.  in favor.  adopt the proposed FY 2015-2016 budget. All were in favor.  DISCUSSION:  THIRD AMENDMENT TO TOWN OF SAWMILLS LICENSING AGREEMENT: Town Administrator Seth Eckard stated that the current licensing agreement between the Town of Sawmills and the Sawmills Optimist needs to be renewed. The renewal licensing Johnny Wilson made a motion, and Jeff Wilson seconded, to adopt the Third Amendment to  agreement will cover the period ofJuly 1,2 2015 through June 30, 2016. Town of Sawmills Licensing Agreement. All were in favor.  APPOINTMENT OF INTERIM TOWN ADMINISTRATOR: Town Administrator Seth Eckard stated that Council needed to have an Interim Town Administrator until a new Joe Wesson made a motion, and Jeff Wilson seconded, to have Finance Officer, Karen Clontz, as Interim Town Administrator until a new Town Administrator is hired. All were  Town Administrator is hired.  in favor.  FINANCIAL:  APPROVE UPDATE TO BANK SIGNATURE CARDS: Town Administrator stated that due to his resignation there needed to be new signature cards on file at the bank. The bank requires a new signature card to be on file whenever there are changes in the staff and/or Council. The signature cards will authorize Karen Clontz, Mayor Pro Tem Trena McRary Kirby, Johnny Wilson and Joe Wesson to sign on behalf of the Town regarding banking transactions. The Town requires 2 (two) signatures for accounts payable checks Jeff Wilson made a motion, and Johnny Wilson seconded, to have new signature cards on file at the bank giving Karen Clontz, Mayor Pro Tem Trena McRary Kirby, Johnny Wilson  and the safety deposit box.  and Joe Wesson authorization regarding all banking transactions.  AMENDED PROJECT ORDINANCE 2012 DUFF DRIVE PROJECT: Town Administrator Seth Eckard stated that during the April 21, 2015 Council meeting, an updated project ordinance for the 2012 Duff Drive Project was presented, and approved, reflecting the increased finds granted to the Town for construction costs. Included in the    June 16, 2015 Page 40 of5  Administrator Seth Eckard stated that during the April 21, 2015 Council meeting, an updated project ordinance for the 2012 Duff Drive Project was presented, and approved, reflecting the increased finds granted to the Town for construction costs. Included in the total was the amount of $32,500.00 (thirty-two thousand five hundred dollars) for planning as requested by the NC Department of Commerce (DoC). However, DoC decided not to approve the additional funding and a new project ordinance will need to be approved in the amount of $1,054,601.89 (one million fifty-four thousand six hundred one dollars and Jeff Wilson made a motion, and Joe Wesson seconded, to approve the amended project ordinance 2012 Duff Drive project in the amount of $1,054,601.89 (one million fifty-four thousand six hundred one dollars and eighty-nine cents). All were in favor.  eighty-nine cents).  PLANNING:  APPOINT REVIEW OFFICER: Town Administrator Seth Eckard stated that due to his resignation there needed to be a Review Officer in the office to work with the Town Planner in the signing of permits and plats. The Review Officer will sign the permits and plats in the event the Town Planner is not available and only after the Town Planner has reviewed Joe Wesson made a motion, and Gerelene Blevins seconded, to make Town Clerk Julie  the documents.  Good the Review Officer for the Town. 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:  ADMINISTRATORS REPORT: Town Administrator Seth Eckard stated that this was his last meeting as Town Administrator for the Town of Sawmills and "it has been an honor and  his pleasure to serve the Town Council and the Citizens of Sawmills.  COUNCIL COMMENT: Mayor Pro-Tem Trena McRary Kirby asked if anyone on the Gerelene Blevins told Town Administrator Seth Eckard that he had done a super job for the Town of Sawmills and the Town has enjoyed having Town Administrator Seth Eckard here.  Council had any questions or comments at this time.    June 16, 2015 Page 50 of5  Johnny Wilson gave Town Administrator a wholehearted thank you for the job he has done Jeff Wilson congratulated Town Administrator Seth on his new job and thanked him for the Joe Wesson presented Town Administrator Seth Eckard with a plaque for his service with  for the Town.  job he had done for the Town.  the Town of Sawmills and also thanked everyone for coming.  CLOSED SESSION: ATTORNEY/CLIENT PRIVILEGE: Mayor Pro-Tem Trena Joe Wesson made a motion, and Johnny Wilson seconded, to go into closed session at 6:19 Jeff Wilson made a motion, and Joe Wesson seconded, to come out of closed session at 7:30  McRary Kirby asked for a motion to go into closed session.  pm. pm.  SPECIAL MEETING DATES: Joe Wesson made a motion, and Gerelene Blevins seconded, that a Special Meeting is scheduled on July 15 at 5:30 pm in Council Chambers, a Special Meeting is scheduled August 4, 2015 at 5:30 pm at the EDC Building and a Special Meeting is scheduled on August 5, 2015 at 5:30 pm at the EDC Building. All were in favor. COUNCIL ADJOURN: Mayor Pro-Tem Trena McRary Kirby asked for a motion to Gerelene Blevins made a motion, and Johnny Wilson seconded, to adjourn the meeting. All  adjourn. were in favor.  SEAL JULY1,1983  COUR  Trena McRary Mayor Pro-Tem  Gidid  umey    C. The Budget Officer is authorized to effect interdepartmental transfers of minor budget amendments not to exceed ten percent (10%) of the appropriated funds for the department's allocation which is being reduced. Notification of all such transfers or amendments shall be made to t the Town Council at their next regular meeting ofthat body following  the transfers.  SECTION 6-1 Restrictions  A. Interfund transfers of moneys shall be accomplished only by B. The utilization ofany contingency appropriation, in any amount, shall be accomplished only by the authorization from the Town Council. Approval of a contingency appropriation shall be deemed a budget amendment, which transfers funds from the contingency appropriation  authorization from the Town Council.  tot the appropriate object of expenditure.  SECTION7- Budget Amendments  The North Carolina Local Government Budget and Fiscal Control Act allow the Town Council to amend the budget ordinance any time during the fiscal year, sO long as it complies with the North Carolina General Statutes. The Town Council must approve all budget amendments, except where the Budget Officer is authorized to make limited transfers. Please review sections 5 and 6, which outline special authorizations and restrictions related  to budget amendments.  SECTIONS-Uilization of Budget and Budget Ordinance  This ordinance and the budget documents shall be the basis for the financial plan of the Town of Sawmills during the 2015-16 Fiscal Year. The Budget Officer shall administer the budget. The accounting system shall establish records that are in consonance with this budget and this ordinance and the  appropriate statutes of the State ofNorth Carolina. Adopted this 16th day ofJune, 2015.  Vw I Kirby  Mayor Pro Tem  Seth 10  Administrator  IBE Eckard, Town    5123* 007471302369:  561609679*  First Citizens Bank Branch # 747 Account Owner  ACCOUNTSIGNATURE CARD  Acct# 007471302369 AcctType DDA - Checking/Savings  Date Opened 07/01/1971 Current Date 05/20/2015  Assoc Name ASHLEY CANTERBURY  Business/Entity Name): TOWN OF SAWMILLS  Account Ownership Designation: Corporation (including PAs andF PCs) Limited Liability Company (LLC) General Partnership (GP) Limited Partnership (LP) Registered Limited Liability Partnership (LLP)  Fiduciary (Specifyl Type, e.g., trust, attomey trust, estate, escrow, agency, receivership): Unincorporated church or charitabie/civic organization Unincorporated governmental or municipal organization Other Unincorporated Entity:  This account is held at First-Citizens Bank & Trust Company ("First Citizens Bank" or "Bank") in the name of the above-named, Account Owner, Itis subject tot the provisions of the First Citizens Bank Deposit Account Agreement, the Bank's Disclosure of Products and Fees, and applicable state and federal law, all ofv which may be amended from time tot time. The undersigned authorized signer/s) acknowledge(s) receipt of the First Citizens Bank Deposit Account Agreement and the applicable Disclosure of Products and Fees and confirm(s) that thisi is nota a consumer account. Authorized Signers: The. Authorized Signers identified below are owners or representatives of the business or entity thati is the Account Owner and are authorized to transact any business relating to this account on behalf of the Account Owner either: (0) through being named on the Account Owner's corporate resolution, declaration of unincorporated business/entity (or other documentation as applicable); or (li) through  delegation of such authority by one orr more oft the individuals authorized in said resolution or declaration.  Name: KAREN CLONTZ Name: TRENA M KIRBY Name: JOHNNY WILSON Name: JOE WESSON  Signature: pur clek Signatures ND MRA Signature: Donahn Signature: he Wasn  BSE  Complete this Substitute IRSF Form W-9ifA Account Owneri isaU.S. citizen or other" "U.S. person" as defined byt the Internal Revenue Code.  IfAccount Owneris not a U.S. citizen or other' "U.S. person," "provide acompleted IRS Form W-8BEN-E.  Substitute IRS Form' W-9  The individual who signs the certification below represents that he or she isa duly authorized officer or representative of the above-referenced Account Owner. The terms "1," "me," and "my" refer to the Account Owner or representative signing on behaf of the Account Owner, as (1) the number shown ont this form is my correct taxpayer identification number (orl lam waiting for a number to be issued to me); (2) l'am not subject to backup withholding because: (a) am exempt from backup withholding, or (b) Ihave not been notified by the Internal Revenue Service (IRS) that l'am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has (3) lam a U.S. citizen or other U,S. person (for federal tax purposes a "U.S. person" includes a U.S. resident alien, a partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, an estate [other than a foreign Instructions: IRS regulations require you to strike out the wording in item (2)ify you! have been notified by the IRS that you are currently. subject to NOTE: The Internal Revenue Service does not require your consent to any provision of this document other than the certification required to  applicable.  Under penalty of perjury,l certify that:  notified me thatiam nol longer subject to backup withholding;  estate), or a domestic trust); and (4) lam exempt from FATCAI reporting. avoid backup withholding.  backup withholding, for fallure tor report all interest and dividends on) your tax return. TIN (EIN or SSN ofs sole member, ifs sole member LLC) 56-1609679 Certifying Indivldual: Name: KARENCLONTZ 28-100208 (without solep prop)( (2/15)  was assigned by the IRS tot the party listed as Account Owner.  Signature:  Date:    NORTH CAROLINA CALDWELL COUNTY  THIRD AMENDMENTTO  TOWN OF SAWMILLS LICENSING AGRBEMENT  THAT WHEREAS, the TOWN OF SAWMILLS, a municipal corporation ("Town") and SAWMILLS COMMUNITY OPTIMIST CLUB, INC., a North Carolina nonprofit corporation ("Licensee") did enter into a License Agreement ("License") according to that Park License Agreement originally dated. April 4, 2011, amended on August 16,2011 and August, 2013. THAT WHEREAS, the License Agreement was to exist for a period of one (1)year. THAT WHEREAS, the License Agreement was amended and continued until the 30th THAT WHEREAS, the parties do desire now to enter into a written Amendment to NOW, THEREFORE, the parties do hereby agree to this Amendment to License  day ofJune, 2015.  extend from the 1*ofJuly, 2015 toi the 30"ofJune, 2016. Agreement under the terms and conditions as follows:  1. June, 2016. 2. advance written notice. 3,  The term of this Agreement shall exist from the 1sofJuly, 2015 until the 30th of Bither party may terminate this Agreement at any time by thirty (30) days The grant ofthis License is exclusive to the Sawmills Community Optimist Club,  Inc. and may not be assigned without the written consent oft the Town of Sawmills.  4. This License continues to grant the Optimist Club the rights for a non-exclusive use of the baseball fields and concession stand at times and according to the schedule as mutually agreed upon. The specific times of use, description of programs and then thereafter any scheduling changes of programs must be submitted by the Optimist Club to the Town  Administrator and approved prior to actual use.  5.  Concurrently with the granting of this License, the Licensee shall forward to the  Town Administrator a copy of the current Liability Insurance Policy providing coverage for personal injuries to each person and coverage for all personal injuries in each accident and coverage in such amounts as approved by the Town Administrator. Said Policy shall name the  Town, it's Council Members and it's Employees as Additional Insureds.  All the remaining terms and conditions of the original Park License Agreement and Amendment thereto are incorporated herein unless otherwise modified by these terms.  Third Amendment to Town of Sawmills Licensing Agreement210768.1    This the Jydis Jwny  2015.  SAWMILLS COMMUNITY OPTIMIST By: SEN fhai Title: pA  CLUB,INC.  Namé:_  TOYNOFSAWMILIS Dxong Mayor   e SEAL, JLY1,1008 E ECOUR Hm8  muddnd  APPR9VEDA ASTOFORM: Terry Taylor, L  Attorney  Third Amendment to' Town of Sawmills Licensing Agreement210768.1    ORDINANCE#  UPDATED  TOWN OF SAWMILLS PROJECT BUDGET ORDINANCE FOR THE. 2012 DUFF DRIVE. AREA SEWER PROJECT COMMUNITY DEVELOPMENT BLOCK GRANT INFRASTRUCTURE PROGRAM  Be it ordained by the Town Council of Sawmills that pursuant to Section 13.2 of Chapter 159 oft the General Statutes ofNorth Carolina, the following grant project ordinance is Section 1. The project authorized is the Community Development Block Grant  hereby adopted.  Infrastructure Program described in the work statement contained in the Grant Agreement (12-C-2506) between this unit and the Department of  Housing and Urban Development.  Section 2. The officers oft this unit are hereby directed to proceed with the grant  project within the terms of the grant document(s), the rules and regulations ofthe Department ofHUD, and the budget contained herein.  Section 3. The following revenues are anticipated to be available to complete this  project. The was an increase in revenues funds from the NC Department ofCommerce upon a request for additional funds due to the project  coming in over budget after bids were opened.  Revenues  Community Development Block Grant Infrastructure Program Duff Drive Area Sewer Project  $1,007,101.89 47,500.00 $1,054,601.89  Local Commitment  TOTAL  Section 4. The following amounts are appropriated for the project: Expenditures -Community Development Block Grant  Public Sewer Improvements Administration Planning  $968,201.89 $81,400.00 5,000.00 $1,054,601.89  TOTAL    Section 5. The Finance Officers hereby directed to maintain within the Grant Project  Fund sufficient specific detailed accounting records to provide the accounting to the grantor agency required by the grant agreement (s) and  federal and state regulations.  Section 6. Funds may be advanced from the General Fund for the purpose of making  payments as due. Reimbursement request should be made to the grantor  agency in an orderly and timely manner.  Section 7. The Finance Officeri is directed to report quarterly on the financial status  ofeach project element in Section 4 and on the total grant revenues  received or claimed.  Section 8. The Budget Officer is directed to include a detailed analysis of past and  future costs and revenues on this grant project in every budget submission  made to this Town Council.  Section 9. Copies of this grant project ordinance shall be made available to the  Budget Officer and the Finance Officer for direction in carrying out this  project.  Adopted this the J Layoylune  2015.  Mayor, Town of  Cummi  OF A SEAL UVITAa : C0  ATTEST:  Gdid