AGENDA Sawmills Town Hall Tuesday, July 22, 2014 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 A. June 17th Regular Meeting Minutes 6. Public Comment 7. Recognitions: 8. Discussion: Mayor Bob Gibbs Pastor Rick Crouse Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Administrator Seth Eckard Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Administrator Seth. Eckard Administrator Seth Eckard Administrator Seth Eckard Planner Elinor Hiltz Planner Elinor Hiltz Planner Elinor Hiltz Planner Elinor Hiltz A. Recycle Rewards Winner B. Yard ofMonth Winners A. Adopt Storm Water Discharge Agreement with City ofLenoir B. Adopt Second Amendment to Town of Sawmills Licensing Agreement C. Adopt Town of Sawmills Private Street Acceptance Procedures D. Adopt First Amendment to Farmer's Market] Licensing Agreement A. Request for al Donation to Sawmills Farmers Market C. Disposal ofUnscheduled Records D. Informal Bid for Veterans Park Bathrooms A. Re-Appoint Planning Board Members B. Call for al Public Hearing for al Rezoning on Hickory Nut Ridge Road C. Call fora al Public Hearing fora a Rezoning on Highway 321 D. Replacement Mobile. Home Proposal 9. Financial Matters: B. Request for al Donation to Terry Cannon for Sawmills Optimist Baseball Team Administrator Seth Eckard 10. Planning Matters: 11. Public Comment 12. Updates: A. Community Development Block Grant Monthly Status Report and Update Administrator Seth Eckard Administrator Seth Eckard Administrator Seth Eckard Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs B. Community Development Block Grant Monthly Sewer Project Status Report Administrator Seth Eckard C Code Enforcement Monthly Report D.A Administrators Report . Council Comment 13. Closed Session: Attorney Client Privilege 14. Adjourn Page 10 of7 TUESDAY,JUNE 17, 2014 TOWN OF SAWMILLS REGULAR COUNCIL MEETING 6:00 PM COUNCIL PRESENT Bob Gibbs Joe Wesson Gerelene Blevins Jeff Wilson Trena McRary Kirby Johnny Wilson STAFF PRESENT Seth Eckard Julie Good Terry Taylor Elinor Hiltz CALL TO ORDER: 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 Bob Gibbs asked for a motion to adopt the agenda with the following changes: add Adopt Resolution in Support of Location of a Renewal Fuels Joe Wesson made a motion, and Gerelene Blevins seconded, to adopt the agenda with APPROVE May 20, 2014 REGULAR MEETING MINUTES: Mayor Bob Gibbs asked Gerelene Blevins made a motion, and Joe Wesson seconded, to approve the minutes. All PUBLIC COMMENT: Mayor Bob Gibbs asked if anyone had any questions or comments Company in the Town of Sawmills as agenda item 7D. changes. All were in favor. foramotion to approve the May 20, 2014 regular meeting minutes. were in favor. at this time. Resident Jeff Branch spoke against the Livestock Text Amendment Proposal. May 20, 2014 Page 2of7 RECOGNITIONS: RECYCLE REWARDS WINNER: Town Administrator Seth Eckard announced Mr. and Mrs. Ronnie and Karen Randle as the June Recycle Rewards winner. A credit of twenty- eight dollars ($28.00) will be added to Mr. and Mrs. Randle's sanitation bill and their certificate will be available at the Town Hall for] pick up. No Council action was required. YARD OF THE MONTH WINNERS: Mayor Bob Gibbs announced Keith and Ginger Childers and family, from the 28630 zip code, and Kenneth Clontz, from the 28638 zip code, as the June Yard ofthe Month winners. Mayor Bob Gibbs stated that both certificates would be available at the Town Hall for pick up. No Council action was required. PRESENTATION FROM SAWMILLS ELEMENTARY SCHOOL PTO: Sawmills Elementary School Principal Lowell Rogers and student Dylan Fritz presented Council with a thank you card signed by Sawmills Elementary School students to thank Council for their donation to the school. No Council action was required. ADOPT A RESOLUTION IN SUPPORT OF LOCATION OF A RENEWAL FUELS COMPANY IN THE TOWN OF SAWMILLS: Town Administrator Seth Eckard asked Council to adopt a Resolution in support for a location of a renewal fuels company in the Joe Wesson made a motion, and Gerelene Blevins seconded, to adopt the Resolution. All Town of Sawmills. were in favor. PUBLIC HEARING: ADOPT PROPOSED FY 2014-2015 BUDGET: OPEN PUBLIC HEARING: Mayor Bob Gibbs asked for a motion to open the public Joe Wesson made a motion, Jeff Wilson seconded, to open the public hearing. All were in STAFF COMMENTS/RECOMMENDATIONS: Town Administrator Seth Eckard stated the proposed FY 2014-2015 budget was enclosed and staff had no additional comments at PUBLIC COMMENT: Mayor Bob Gibbs asked if anyone wished to speak on the proposed hearing. favor. this time. FY 2014-2015 budget. No one wished to speak. May 20, 2014 Page 3 of7 CLOSE PUBLIC HEARING: Mayor Bob Gibbs asked for a motion to close the public Johnny Wilson made a motion, and Jeff Wilson seconded, to close the public hearing. All COUNCIL ACTION: Joe Wesson made a motion, and Gerelene Blevins seconded, to hearing. were in favor. adopt the proposed FY 2014-2015 budget. All were in favor. PUBLIC HEARING: ADOPT PROPOSED TEXT AMENDMENTS TO SECTIONS OPEN PUBLIC HEARING: Mayor Bob Gibbs asked for a motion to open the public Jeff Wilson made a motion, and Gerelene Blevins seconded, to open the public hearing. All STAFF COMMENTS/RECOMMENDATIONS: Planner Elinor Hiltz stated that under the current zoning ordinance, Sawmills requires every mobile home to be inspected before an applicant can get a zoning permit. Mobile homes older then July 1994 are not permitted. Under the new proposal, any mobile home that is already in Sawmills' jurisdiction is Planner Elinor Hiltz also stated that the Town has been using a mobile home checklist; however, the checklist has never been adopted into the Town's Code of Ordinances. Planner Elinor Hiltz stated that if the Town continues to use the mobile home checklist, that PUBLIC COMMENT: Mayor Bob Gibbs asked if anyone wished to speak on the proposed Text Amendments to Sections 153.075, 153.146 and 153.147 of the Code of Ordinances. 153.075, 153.146 AND 153.147 OF THE CODE OF ORDINANCES hearing. were in favor. permitted as long as it passes the structural inspection. itn needed to be placed in the Town's Code of Ordinances. No one wished to speak. CLOSE PUBLIC HEARING: Mayor Bob Gibbs asked for a motion to close the public Gerelene Blevins made a motion, and Joe Wesson seconded, to close the public hearing. All COUNCIL ACTION: Joe Wesson made ai motion, and Gerelene Blevins seconded, to table hearing. were in favor. this matter until July Council Meeting. All were in favor. May 20, 2014 Page 40 of7 PUBLIC HEARING: ADOPT PROPOSED TEXT AMENDMENTS TO SECTIONS OPEN PUBLIC HEARING: Mayor Bob Gibbs asked for a motion to open the public Jeff Wilson made a motion, and Joe Wesson seconded, to open public hearing. All were in STAFF COMMENTS/RECOMMENDATIONS: Planner Elinor Hiltz stated that currently the Code of Ordinances does not allow non-farmers to keep livestock on their property within the Town's limits. If the Code of Ordinances is amended to allow more livestock, the Town will be more agricultural. The Town should create regulations SO that non farming residents can legally have livestock within the Town limits. Some points of 153.074 AND 153.081 OFTHE CODE OF ORDINANCES hearing. favor. discussion about the text amendment proposal are: Fowl regulations stay the same with the exception that commercial poultry farms are not allowed in the Town limits. Fowl may run at large int the ETJ. The proposal lowers the horse regulations that the Town already has from 1 horse Swine would not be allowed in the Town limits, with the exception of a pet pot Properties in the ETJ and all properties over 10 acres would have no restrictions Livestock must be contained; pens must be 100 feet away from houses, or other structures; livestock are permitted at 2 animals (in any combination) per % acre. per three acres to 1horse per acre. belly pig. with regards to livestock and: swine. PUBLIC COMMENT: Mayor Bob Gibbs asked if anyone wished to speak on the proposed Text Amendments to Sections 153.074 and 153.081 ofti the Code of Ordinances. No one wished to speak. CLOSE PUBLIC HEARING: Mayor Bob Gibbs asked for a motion to close public Trena McRary Kirby made motion, Johnny Wilson seconded, to close public hearing. All COUNCIL ACTION: Trena McRary Kirby made a motion, and Johnny Wilson seconded, to table this matter until August Council Meeting with staff doing research on different types of animals and state guidelines recommended for acreage as well as looking at the Joe Wesson stated that he is in favor of letting residents have any type of animal that they want on their property as long asi it is not a nuisance to other residents around them. hearing. were in favor. density ofthe acreage. All were ini favor. May 20, 2014 Page 5of7 PLANNING MATTERS: RECOMMENDATIONS FOR PLANNING BOARD MEMBER: Town Planner Elinor Hiltz stated a position on the Planning Board expires in June 2014. Town Planner Elinor Hiltz advised Council that Clyde Miller is willing to serve another term. Clyde Miller Joe Wesson made a motion, and Gerelene Blevins seconded to approve staff's recommendations to re-appoint the Clyde Miller for another term. All were in favor. would be representing the ETJ. FINANCIAL MATTERS: APPROVE PROPOSED CONTRACT RENEWAL WITH WESTERN PIEDMONT COUNCIL OF GOVERNMENTS: Town Administrator Seth Eckard stated that the current contract with the Western Piedmont Council of Governments (WPCOG) for planning and code enforcement assistance needs to be renewed. The renewal contract will Trena McRary Kirby made a motion, and Joe Wesson seconded, to approve a renewal contract with the WPCOG in the amount of $20,500.00 (twenty-thousand five hundred APPROVE PROPOSED ESTIMATE FORSEPTICTANK SYSTEM AT VETERANS PARK: Administrator Seth Eckard stated that the Town recently received a proposal for Johnny Wilson made a motion, and Trena McRary Kirby seconded, to approve Water Management put in the septic tank system at Veterans Park in the amount of $14,300.00 REQUEST FOR A DONATION TO CALDWELL COUNTY DARE PROGRAM: Mayor Bob Gibbs stated that the Caldwell County Dare Program has requested a donation in Gerelene Blevins made a motion, Trena McRary Kirby seconded, to give a donation in the amount of $100.00 (one hundred dollars) to the Caldwell County Dare Program. All were PUBLIC COMMENT: Mayor Gibbs asked if anyone had any questions or comments at cover the period ofJuly 1,2014 to June 30, 2015. dollars) for planning and code enforcement services. All were in favor. the septic tank system at Veterans Park from Water Management. (fourteen thousand three hundred dollars). All were in favor. the amount of $100.00 (onel hundred dollars). ini favor. this time. No one wished to speak. May 20,2014 Page 6of7 UPDATES: COMMUNITY DEVELOPMENT BLOCK GRANT MONTHLY STATUS REPORT AND UPDATE: Administrator Eckard stated Sherry Long, Community Development Director 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, Project Administrator with the Western Piedmont Council of Governments has enclosed an update on the Community Development Block Grant Sewer Project showing how some oft the funds have been spent as ofJune 9, 2014. No Council action was required. CODE ENFORCEMENT MONTHLY REPORT: Administrator Seth Eckard stated the Town Planner Elinor Hiltz has enclosed an updated status report of Code Enforcement cases and the progress that has been made on each case as of. June 2014. No Council action was required. ADMINISTRATORS REPORT: Administrator Seth Eckard made the following announcements: The deadline to summit names for the Veterans Memorial Monument is. June Sawmills Farmers Market is open every Tuesday from 3:00 pm to 7:00 pm. Tuesday June 17, 2014 and Tuesday June 24, 2014 the Farmers Market will be opening at 12:00 pm with special activities for the children in the area. The. July Council meeting will be moved from. July 15, 2014 to. July 22,2014 due to the primary run-off being held in Council Chambers on July 15,2014. Newsletters went out July 16, 2014. Included in the newsletters were updates ont the budget, the Town's welfare check program, the new CodeRed system and the yearly water and sewer report from the State. This will be the last quarterly newsletter. The Town will send one newsletter out a year with the Town Hall and Public Works will be closed on Friday, July 4, 2014, for 30, 2014. required yearly water and sewer report from the State. Independence Day. May 20, 2014 Page 7of7 There will be a change in the Town's Recycle Program beginning July 1, 2014. The last weekly pickup for recycling will be Monday June 23, 2014 and' Tuesday June 24, 2014. Beginning on Wednesday June 25,2014 Republic Services will begin distributing 96 gallon blue recycle cans with Republic Services on the side. The routes will be on Thursdays. The first route will be on Thursday July 3, 2014 and continue every other week. The second route will be on Thursday July 10, 2014 and continue every other week. There will be ani information packet in the new recycle container with a updated list ofrecyclables, a personal flyer with the dates of the recycle pick up highlighted in red for the rest of the year and a yellow flyer with all The Town has partnered with Sawmills Fire and Rescue with ai new welfare check program. Daytime fire fighters will call and check on elderly and sick residents. Anyone with a name to add to the list can call the Town Hall. The Mayor has already made some telephone calls and the residents were. happy July 1, 2014 the Town will start the new CodeRed system. This will take the place oft the quarterly newsletters. All residents with landline telephone numbers in their account with receive at telephone call with Town updates, weather warnings and all other important information. Ifany resident would like to add a cell phone number, email address or another landline can call and speak with Finance Officer Karen Clontz or go to the Town's website. the recycle information listed. tol hear from someone. COUNCIL COMMENT: Mayor Bob Gibbs asked if anyone on the Council had any Joe Wesson wanted to commend Gerelene Blevins on the idea of the welfare check questions or comments at this time. program. ADJOURN: Mayor Bob Gibbs asked for a motion to adjourn. Jeff Wilson made ai motion, and Trena McRary Kirby seconded, to adjourn the meeting. All were in favor. Julie A Good, Town Clerk Bob Gibbs, Mayor AGENDA ITEM 7A MEMO DATE: SUBJECT: July:22,2014 Recognition: Recycle Rewards Program Discussion: The Town of Sawmills would like to congratulate Diane McNeil on winning the Recycle Rewards Program for the month ofJuly. Town Administrator Seth Eckard will present Ms. McNeil 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 ITEM 7B MEMO DATE: SUBJECT: July 22,2014 Recognition: Yard oft the Month Winners Discussion: Fred and Donnie Inman, from the 28630 zip code, and Wayne and Anita Prestwood, from the 28638 zip code, are the Yard of the Month winners for. July. Mayor Bob Gibbs will present them with a Certificate of Appreciation. Recommendation: No Council action required. AGENDA ITEM 8A MEMO DATE: SUBJECT: July22,2014 Discussion: Adopt Storm Water Discharge Program Agreement with City ofLenoir Discussion: The current agreement between the City ofLenoir and the Town of Sawmills expired on June 30, 2014. The enclosed Storm Water Discharge Agreement between the City ofI Lenoir and the Town of Sawmills will be effective. July 1,2014 and expire. June 30, 2015. The cost the Town will pay the City ofLenoir to continue responsibility oft the plan is in the amount of$13,104.93. The City ofLenoir will also be entitled to receive all revenues from fines and penalties which accrue. There are sufficient funds in the budget for this purpose. Recommendation: Staffi recommends Council to approve the Storm Water Discharge Program Agreement in the amount of$13,104.93 and covering the period of. July 1, 2014 to. June 30, 2015. STATE OF NORTH CAROLINA CALDWELL COUNTY STORM WATER DISCHARGE PROGRAM AGREEMENT This Agreement is entered into on this the day of 2014,b by and between the Town of Sawmills, North Carolina ("the Town")a and the City ofLenoir, al N.C. municipal Corporation ("the City"). WHEREAS, on or about September 12, 2005, the' Town and the City were granted Permit No. NCS000474 to Discharge Storm Water under the National Pollutant Discharge Elimination System ("NPDES")! by the State ofNorth Carolina Department ofl Environment and Natural Resources Division of Water Quality (the "Permit"), incorporated herein by reference, in order to discharge storm water from their municipal separate storm sewer systems intot the waters oft the creeks and unnamed tributaries located within the Catawba River Basin which are named or described in the Permit; and, WHEREAS, Caldwell County developed and implemented a Storm Water Plan (the "Plan") referred to in PartIofthe Permit, and pursuant to a May 1, 2009, Storm Water Discharge Program Agreement, the County and the City agreed that the City assumed the implementation responsibilities for the Plan pursuant to the terms ofs said agreement, and pursuant to the terms of separate implementation agreements between the Town and the City; and, WHEREAS, under the terms ofs said agreements the City's obligations to assume and provide WHEREAS, the Town and the City desire and intend to extend such implementation oft thel Plan by the City for the Town for and including the period from July 1,2014, through June 30, 2015 as implementation ofthel Plan shall cease effective June 30, 2013; and, provided in this Agreement. THEREFORE, the County and the City, for and in consideration oft the valuable considerations described herein, do agree as follows: 1. EFFECTIVE DATES. Effective date upon and beginning July 1,2014, and continuing through June 30, 2015, the City shall assume responsibility fori implementation ofthe Plan with respect to areas of the Town located within the municipal boundaries of the Town, such responsibility shall include all 2. For such implementation responsibilities by the City for said period, the Town shall pay to the City Said amount has been calculated and agreed to between the Town and the City pursuant to and agreed-upon formula based upon the Town's current population and area relative to the proportionate populations and areas of other towns in Caldwell County which has entered into storm water plan implementation agreements with the City to determined proportionate shares oft the total projected costs for the City inj provided such implementation during the period ofthis Agreement. 3. The City shall additionally be entitled to have and receive all revenues from fines and penalties which accrue or may be obtained received by the City in the course of such implementation during the effective matters and files that are then currently pending. the amount of $_13,104.93 on or before September 1 2014. period oft this Agreement. 4. This Agreement may be modifiedi in writing by mutual agreement of thej parties. This Agreement is executed in duplicate originals, one of which is tol bei retained by each ofthe parties hereto. TOWN OF SAWMILLS By: Town Manager ATTEST: Clerk to the Town Council (County Seal) CITY OF LENOIR By: City Manager ATTEST: Clerk to the City Council (City Seal) AGENDA ITEM 8B MEMO DATE: SUBJECT: July22,2014 Discussion: Adopt Second Amendment To Town of Sawmills Licensing Agreement Discussion: The current agreement between the Town of Sawmills and the Sawmills Community Optimist Club, Inc., for the rights oft the non-exclusive use oft the baseball fields and concession stand at times and according to the schedule as mutually agreed upon by the Town of Sawmills and the Sawmills Community Optimist Club, Inc., was amended and continued until June 30, 2014. The Town of Sawmills and the Sawmills Community Optimist Club, Inc. wish to amend the current agreement to extend the agreement from July 1,2014 through June 30, 2015. Recommendation: Staffrecommends Council discuss this matter and decide how they wish to proceed. NORTH CAROLINA CALDWELL COUNTY SECOND AMENDMENTTO TOWN OF SAWMILLS LICENSING AGREEMENT 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 and amended on August 16, 2011. THAT WHEREAS, the License Agreement was to exist for aj period ofc 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 Liçense 1. The term of this Agreement shall exist from the 1ofJ July, 2014 until the 30"ho of day of June, 2014. extend from the 1"ofJuly, 20141 to the 30tho ofJune, 2015. Agreement under the terms and conditions as follows: June, 2015. 2. advance written notice. Either party may terminate this Agreement at any time by thirty (30) days 3. The grant of this License is exclusive to the Sawmills Community Optimist Club, 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 Inc. and may not be assigned without the written consent oft the Town of Sawmills. 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. 201739-1 This the day of 2014. SAWMILLS COMMUNITY OPTIMIST CLUB,INC. By: Name: Title: TOWN OF SAWMILLS By: Mayor ATTEST: Town Clerk APPROVED AS TO. FORM: Terry M. Taylor, Town Attorney 201739-1 AGENDA ITEM: 8C MEMO DATE: SUBJECT: July 22,2014 Discussion: Adopt Town of Sawmills Private Street Acceptance Procedures Discussion: Currently the Town has a few private streets, either unpaved, or do not meet minimum standards. For the Town of Sawmills to take over a private street, the street must bei in the Town limits and not a State maintained highway. A signed agreement must be submitted with 100% oft the adjacent property owners signatures. The property owners will be responsible for 50% oft the construction bid amount to bring the street up to the Town's minimum standards. Recommendation: Staffrecommends Council discuss this matter and decide how they wish to proceed. TOWN OF SAWMILLS PRIVATE STREET ACCEPTANCE PROCEDURES Likemosimuniciplities, thet townofSawmills: stilll hasa af fewremaining: private, unimproved roads. These are roads that, at the time of development, were not constructed to the minimum State Standards by the neighborhood developer. It is safe to say that most people in the twenty-first century prefert to live on aj paved roadi instead ofag gravel road. No matter thei type ofr road youl live on, ifitis a' Town of Sawmills roadway, the' Town will maintain it. Ifyou are interested in routine road maintenance and repairs, please call 828-396-7903. Ifyou are interested in converting your existing private road to aj 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 ont 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 oft the property owners on the road in converting the road from aj private to Town maintained. Once the petitionis received a taxi mapi is provided along with thej petition to assist yous with this process. Tol be eligible for formal consideration by the Town Council, the petition must be returned to the Town of Sawmills with the signatures of100% oft the property owners along both sides oft the section ofr road under consideration and those property owners signing the petition must own all of thestreet frontage along thes section ofroad. Ifthe proper signatures are acquired ont thej petition, its should be returned to the Town Clerk who will examine the petition for validity. Ifthe petition meets all Town requirements it will bej 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 widthl 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 Administrator: in coordination with the' Town Engineer will solicitl bids fort thei improvements necessary for the Town to accept this Street as a Town Street within the Town of Sawmills jurisdiction. The property owners must then deposit with the Town fifty (50%)1 - percent oft the cost tol be applied toj project expenses. The' Town. Administrator will then place the project ont thel list of streets to be improved/accepted for maintenance, and Town Council will approve projects for acceptance and award the contract for improvements as funds are available. 201198.1 TOWN OF SAWMILLS STREETS AND SIDEWALKS GENERAL PROVISIONS $93.01 TOWN COUNCIL APPROVAL OF NEW STREETS Before any news street offered: for dedication to the' Town: is accepted as such, and officially recognizdasaTowm-maintainedstreet, the' TommCadamhelgpen. finding thatt thes street complies with each oft the requirements listed below. A. The street must be free of charge and clear ofa all encumbrances. B. The street must be aj part of an existing minimum 35-foot recorded right-of-way. Otherwise, a registered survey and legal description must be prepared prior to consideration ofa dedication. Sawmills General. Regulations C. Asigned: agreemento tofthed dedication1 mustbesubmittedbyl 100%ofthes adjacent property owners. Thej property ommesmediomaesamdathetimeofabmiting: thepetition, that theywilll bei responsible forf ycopsstcdhsmnsn bid amountt tol bring theroadi upt tot the Town'sminimum: standards. Thes signed petitionsi forallr new streets offered for dedication to the Town must be submitted to the Town Clerk. 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 willrank eachs street eligiblet to be! paved accordingt tot the densityi inv whicht thes streetsa are developed and thej physical shapet thes streets arei in. The actual improvements scheduled willl be approved byt theTown Council: andy periodicallyrevised. Ifnecessary, thepavingschedule may be spread over two or more years to accommodate the Town's budget. Alutilitiesrequringremovarelocationoradjustments shalll ber madeatr no expenset tot the Town. Ayeristinguliticsmayreinuponappoa. byt theTowmpioriodeic.sion E. 201200.1 F. At least 20% oft the number ofl lots bordering the street must bei individually owned. G. Anys street lesst antotehdcuemied.na feet)musts servea atl least fourowner- ocpiadrsidemesdtiemisiwllecmsidaralivatedivewsy). Additionally, there mustl eosoweswpadirikene fore eachone-tenthofonei mile (528f feet) thereafter. H. AlstraisamalnightofmayafemdiotieTownt musti meett thecurrentr minimum standards set forth by the Town Ordinances and approved by the Town Engineer. TheTownrserestherightboalowdwiation: fromt thed design criterialistedherein. The dviatiomalbutwlleraylystiymimintenane factors and must be recommended by thel Public Works Superintendent and' Town Engineer. J. Anystreett thate extends from ane existing s-orbowpmiminadsiet musti meet the K. Thef followingo definitions shall bet usedi to determinei thea appropriate designa and construction standards. Thesedeterminations willl ber madel byt thel TownCouncil: Street Committee: and thel Public Works Superintendent. Anydeterinationbyi the SimetCommiteandorthe Public Works Supeinemdmtonemingtedciationofpbvate streets tot the Townmay I. right-of-way standards of the existing street. be appealed to the Town Council. (1) LOCAL RESIDENTIAL STREETS. Streets that do not connect homoughtaresorservemggportatiegemerato, These: streetsmayserve asconnectorst belweenexistingLOCALRESIDENIIALSTREETS. (2) MINORRESIDENTALSUNDVISIONSTRLETS Dead-end, cul-de-saca and] loops streets lesst thand one-temthofamiled,s56 feet)in length that do not connect to more than one local residential street. (3) PRIVATEDRIVEWAY. Streetswhich: servel lesst thani four permanent residences regardless oflength. These streets will not be eligible for acceptance into the Town system. (4) RESIDENTIALCOLLECTORSTREEIS. Streets which serveas theconnectings streetl betweenl local residential streets andi thoroughfare streets. L. All streets createdi inf miyaisametifdadaist itot thej publicaren note eligiblei for acceptance into the town system until they are brought up to Town standards. (1991 Code, $40.01) (Ord. Passed 1-22-1991; Ord. 11-92-5, passed-1992; Ord. Passed 12-15-1998) 201200.1 AGENDA ITEM 8D MEMO DATE: SUBJECT: July22,2014 Discussion: Adopt First Amendment To Farmer's Market Licensing Agreement Discussion: The current agreement between the Town of Sawmills and the Sawmills Farmer's Market Association, Inc. expired on June 30, 2014. The Town of Sawmills and the Sawmills Farmer's Market Association, Inc. wish to amend the current agreement to extend the agreement from July 1,20141 through June 30, 2015. Recommendation: Staff recommends Council discuss this matter and decide how they wish to proceed. STATE OFI NORTH CAROLINA COUNTY OF CALDWELL FIRST AMENDMENTTO FARMER'SI MARKETLICENSE AGREEMENT THAT WHEREAS, the Town of Sawmills, a municipal corporation ("Town") and Sawmills Farmer's Market Association, Inc., al North Carolina non-profit corporation ("Licensee" or "Association") did here by enter THAT WHEREAS, the Town and the Association do desire to enter into an Amendment to the License Agreement to extend the term from twelve (12) months beginning on the first day of] July 2014 and ending on the into al License Agreement in. June of2013 fora ap period oftwelve (12) months. 30t day ofJ June, 2015. WITNESSETH: NOW, THEREFORE, the Town of Sawmills, a municipal corporation for Caldwell County does hereby grant unto Sawmills Farmer's Market Association, Inc. al License Agreement to run a Farmer's Market one (1) daya week at the property previously described in the original License Agreement and does hereby agree to allow the weekly market at the property to continue according to the terms and conditions set forth below. 2014 and ending on the 30th day of. June, 2015. This Agreement can be renewed for an additional season upon confirmation of the next year's dates of operation to be presented to the Sawmills Town Council for approval in 1. Thel License shall now exist for a period oft twelve (12) months beginning on the first day ofJuly, Spring ofe each year. 2. be assigned. 3. This the This grant ofl License is exclusive to the Sawmills Farmer's Market Association, Inc. and may not All the originals terms and conditions set forth int the original Farmer's Market License Agreement are hereby affirmed andi incorporated herein by reference as ifmore particularly set forth verbatim. dayof_ 2014. TOWN OF SAWMILLS By: Mayor ATTEST: Clerk SAWMILLS FARMER'SI MARKET ASSOCIATION, INC. By: Name: Title: President 202029-1 AGENDA ITEM 9A MEMO DATE: SUBJECT: July22,2014 Financial Matters: Request for a Donation To Sawmills Farmers Market Discussion: The Town has received a request from the Sawmills Farmers Market for a donation in the amount of $1,000.00 (one thousand dollars). There are sufficient funds in the budget for this request. Recommendation: Staffrecommends: Council discuss this matter and decide how they wish to proceed. Bob Gibbs, Mayor TOWN OF SAWMILLS Seth Eckard," Town Administrator Funding Request Name of Organization: Sawmills Fmoao Mavlet Phone: 838 4210-8462 Permanent. Address: City: Savomills State: NC Zip Code: 78030 Contact Name: Oic foxc BaHany Cvonp Dobpins Amount Requested: 1,000 Date Funds Needed: 7! Amount Needed for the Project: Date Project Begins: 516 Completion Date: 16lz3 Complete Description of Project: samexs Mesek PACuAaCE 49 auded to hglp CguArze He Ancvkot Apnd herjio MEhno respaBlales dp hese undeing How will the funds be used?. pryngy Moylat Moraan How will this project benefit the community! OHGiJ Xx EN e Incxcse c 05 bexeri ConnkunH Aonmicély Ond Scriclly Official Toun Use Only Date application received 104-14 Date presented co Town Council 7-80-14 Date Approved Denied Amount Approved Available Balance in Governing Body Donations Expense Acct: Dare Check Wricten Check No. Amount AGENDA ITEM: 9B MEMO DATE: SUBJECT: July 22, 2014 Financial Matters: Request for al Donation To Sawmills Optimist Baseball Discussion: The Town has received a request from Terry Cannon, representing the Sawmills Optimist Baseball Team, for a donation ini the amount of$100.00 (one hundred dollars). There are sufficient funds in the budget for this request. Recommendation: Staffr recommends Council discuss this matter and decide how they wish toj proceed. Bob Gibbs, Mayor TOWN OF SAWMILLS Seth Eckard, Town Administrator Funding Request Name, of Organization: SanilOhst Phone: 328381-4805 Permanent. Address: 3192Atlas Dwc City: GaniteF0lo State: NC Zip Code: 08630 Contact Name: lesy CGNnen) Amount Requested: $100.00 Amount Needed for the Project: Date Funds Needed: 7h4 Date Project Begins: 73/14 Completion Date: Complete Description of Project: Gota fe (5 350 to Kalp paypact B -Kio Red How will the funds be used? Help o pay Gte FeooB 535000 - 1035 - sI8 How will this project benefit the community! Help AccaNde CUA Chmmuw5 i -hhe aYObn-a tuermmint Official Toun Use Only Date application received Date Approved Date presented to Town Council Denied Amount Approved Available Balance in Governing Body Donations Expense Acct: Date Check Wricten Check No. Amount AGENDA ITEM9 9C MEMO DATE: SUBJECT: July22,2014 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: Staffrecommends: Council discuss this matter and decide how they wish toj proceed. Reproduce this] fomm 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 spSniks County Coldual Agency or department dmspcen Phone number FROM 998-39ç-7903 In accordance with the provisions of G.S.121 and 132, approval is requested for the destruction ofr records listed below. These records have no further use or value for official or administrative purposes. RECORDST TImLE DESCRIPTION INCLUSIVE DATES QUANTITY MICROFILMED? RETENTION Sopt. cat. Cfecch No (VESORNo) PERIOD 34ps I Loacler Docepts, h wodter SL Sclyy, Ausgi ICop k4 Bills Couds Nas. Dec 0010 moiSune RO1 San- DQC 200l0- an Icopy NO Suns! Suley- G01D-dO1 Icopy NO 7yis Sulag Sune B40-R01 ICeps No Sly -Sune a0-a01 Icopy AIB Cosht AIB Woler Roccipls ot wo-ler B1 Jan.Teb. Docapis* B.00s Cocks. (och,Apr. 3 No 3yrs Cordral Aoparts Tansacien C'orirol Poports Aug-Doc icope Rrom Cash Rocoiptis a0i0- 602 No accoumts that Vae Biwins, Doports FOCCOD Bilensg Bllins Poport Bbe AA- wrate &P Aact been wtten o AA- Vocamt Billd Nocant accounts AIR -lotefee Ropxf R late Rees AIA-Re-bllingg b4s QR printod AR- Motet Aoadins reports-tros shas ta cB ly. luk. 34Ls 34s lo. No Kist Showns OccOunds Spg-Suna ANR- DsConnetist disconracled R month 00rou I0epy NO wace on ecch aGout SL loopy No AR- Call Log- Report Hict shows Cocounts othe Call list NO lo-8l-14 lcopy Requested by: hyatae CRRco Manoser Sigbature Signature Title Date Date Date Approved by: Concurred by: (asir indicated) Signature Head of Governing Board Assistant Records Administrator NCDivision 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 ofA Archives and Records Government Records Branch 4615 Mail Service Center Raleigh, NC 27699-4615 Name County Phone number FROM Ton oBaumls (bhwel Agency or department Pomnisinlen SOR-30-1703 In accordance with the provisions of G.S. 121 and 132, approval is requested fort the destruction ofr records listed below. These records have noi further use orv value for official ora administrative purposes. RECORDS TImTLE Fles DESCRIPTION INCLUSIE! DATES QUANTITY MICROFILMED? RETENTION 1995 egich No (YESORNO) PERIOD Sys. Syrs Syus. 34us 34us. No 34rs 34l PanonuPgc Hgusing Paral Proect 1993,1994 Rles and olQ fecords CDDG CoBG- Secer Projact Hdnin- Sosup. Ples OnQ RRL propct 19Aa-acc2 IS2ch No CDBO ICDBG- Biock Gronf. Pégct 1992-2002 Adnin ikGtbiles 0n8 ndustrials Soanng G 2 No HIP + Auckil Fles AP- AP- PO's Eincne Fircuvea GL- ab- recods reports Scly-June Foopey, RL aucki-tors 25-9 Gi'ecch NO Sly-Jue Icéps 25-209 a Pach KO a005-2009 y-Susg aegch Icopy, Siy-Juns Auclt PO's RoL purahneses Files i old.tors boves a K Audit Eles Bank Keraiclibors S-tatemancts Bonk recs. adail Generag Rdudltars Aclit Fles poper wak Qudltas da5-2009 18217 NO - Lecer entries Jluy-Juse (cop, Huckit Files AudFiles 5-200A Ghéach No 34us as20 ELA NO 3 Adjus-onts RoracCaunis Jly-sune Requested by: aradc OSciVamçer L0-09-14 fignature Signature Title Date Date Date Approved by: Concurred by: (asi indicated) Signature Head of Governing Board Assistant Records Administrator NC Division of Archives and Records AGENDA ITEM 9D MEMO DATE: SUBJECT: July22,2014 Financial Matters: Informal Bid for Bathrooms At Veterans Park Discussion: Included in this year's budget are funds for bathrooms at Veterans Park. This item is being purchased under the informal bid process. Town Administrator Seth Eckard has received a quote from CXT, Inc., an L.B. Foster Company, for the Cortex Flush Building in the amount of $47,725.66 (forty-seven thousand, seven hundred twenty-five dollars and sixty-six cents). The Cortex Flush Building is described as: Cortex double: flush toilet with standard simulated cedar shake or rib metal (Blue) roof and split face block (Grey) wall texture, three 16-gauge galvanized steel doors and frames, vitreous china plumbing fixtures (2-lavatories, 2-water closets), soap dispensers, hand dryers, two 3-roll toilet paper holders, two exhaust fans, three GFI outlets, three floor drains, two s/s mirrors, ADA grab bars, ADA signs, three hose bib (one eachi room with lock box, one in chase), and ADA frost free drinking fountain. There are sufficient funds in the budget for the current fiscal year. Recommendation: Staff recommends Council to approve the purchase of the Cortex Flush Building in the amount rs47,725.66/ony-seven thousand, seven hundred twenty-five dollars and sixty-six cents). AGENDA ITEM 10A MEMO DATE: SUBJECT: July 22, 2014 Planning Matters: Re-Appoint Planning Board Members Discussion: August 1,2014: The term of appointment for the following four (4) Planning Board Members will expire on Chairman Steve Duncan Vice-Chairman Buford Pennell David Powell Thad Hall Town Clerk Julie Good has contacted the four (4) members and all are willing to serve another term. Recommendation: Staffrecommends Council re-appoint the four (4) members to the Planning Board. MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard TOWN PLANNER Elinor Hiltz PLANNING BOARD Steve Duncan, Chairman Buford Pennell David Powell Thad Hall Clyde Miller OFSAVIN MLORPORAIEDY 1988 COUNCIL MEETING July 22, 2014 6:00 PM Agenda Item #10B PLANNER'S STAFF REPORT REZONING: 4741&:4737 Hickory Nut Ridge Rd Status: On July 1 the Planning Board unanimously recommended approval of this rezoning. Size of Area to be Rezoned: 10 acres Current Zone and Permitted Uses: R-20 Permitted Uses: residential accessory structures, churches, single-family dwellings, Conditional Uses: accessory dwellings, cemeteries, country clubs, fire stations, lakes and parks, recreational and community centers, commercial recreational facilities, family care homes, home occupations, horses, riding stables elementary and high schools Requested Zone and Permitted Uses: RA-20 produce stands*, and public service facilities are allowed. the same as the R-20 district but airports*, duplexes, greenhouses*, home occupations in outbuildings*, horticultural nurseries*, mobile homes, temporary mobile homes*, Fire stations, recreational and community centers, and commercial recreational facilities are not allowed. *with conditional use permit Description of Surrounding Area: Subject property has one mobile home and one stick-built house. There is a stick-built house directly across the street and it is the only other house in sight. Most oft thel land in sight is wooded and hilly. Sight distances are not far. Applicant's Immediate Plans for Property: each new lot for her children and grandchildren. Applicable Sections of Ordinance: Applicant wants to cut two more lots out of the 10 acres and put a mobile home on The subdivision will follow the "family subdivision" section of the ordinance and the plat will likely come to Council for review on September 16th. Consistency with Comprehensive Plan: The Comprehensive Plan plans for this area to remain residential. The differences between an R-20 and an RA-20 district are slight and an RA-20 district is right across the street. This proposal would not be inconsistent with the Comprehensive Plan. Action Needed: CALL. FOR PUBLICHEARING on August 19th, 2014. subject property across street entrance to conceptual I loti conceptual lot2 000: I 2 e E E 8 NO SVW FERE OF SAWI MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard TOWN PLANNER Elinor Hiltz PLANNING BOARD Steve Duncan, Chairman Buford Pennell David Powell Thad Hall Clyde Miller CORPORATED COUNCILMBETING July 22, 2014 6:00 PM Agenda Item #10C PLANNER'S STAFF REPORT ALLOW CHURCHES IN EVERY DISTRICT PROPOSAL Status: This item will go to the Planning Board on August 5th, At the last Planning Board meeting Crossroads Community Church's realtor requested to move the "Call For Public Hearing" before the Planning Board hearing to allow Crossroads Community Church to possibly close on the Best Builders Building in August. The Proposal: Crossroads Community Church brought the issue to the Town's attention because they wanted to buy the former Best Builders Building on Highway 321 which is zoned HB. Under Sawmills current code, churches are not allowed in the commercial districts-only the residential districts. The town wanted to change the zoning code to allow churches in every district because churches can fit in a variety of building types in a variety of areas. Churches have been known to occupy large commercial buildings, spaces in strip malls, free-standing buildings in commercial or mixed-use districts as well as free-standing buildings in residential or rural places. Highway 321-the Highway Business District-should be a focus for economic development. Residential property within the area should transition to commercial In the Highway 321 corridor, parking lots should have access roads that link to one another SO that people don't have to reenter the highway to go from one: furniture store to another for example. We cannot require this applicant to stub-out to an adjacent property because the ordinance doesn't require it, but later (like 2 years from now or more if we get slow) we can-amend the ordinance to create a process called "conditional rezoning" where you can require rezoning applicants to do "conditions" Planning Board gave their consent. Consistency with comprehensive Plan: use. A church can be considered a commercial use. like parking lot stub outs. This proposal is not inconsistent with the Comprehensive Plan. CALL: FOR PUBLIC! HEARING on August 19th, 2014. Action Needed: PROPOSED TEXT AMENDMENT Additions in highlight $153.051 Table ofPermitted Uses Use R-20 RA-20 R-15 0-I N-B H-B G-M SR Automobile parking lot and structure Automobile parts and supplies Automobile repair garage, without open storage of wrecked vehicles Automobile sales Bakery Banks, with drivet thru Banks, without drive thru Barbershop and beauty shops Bedding manufacturing Boarding house Boat sales Bookstore Bowling alleys Bus Station agencies Camera supply store Candy store Carpet manufacturing Cemeteries P P P P P P P P P P P P P P C P P P P P P P P P P P P P P P P P P P C P P P P P P P P P P P P P P P C C C P P P P P P P P P P P P P P Automobile washing establishments C Building supply and equipment sales Business, professional, government, religious, charitable or fraternal offices or Churches and other places of worship Clothing manufacturing clothing store Coliseum Concrete or paving materials mixing plant AGENDA ITEM 12A MEMO DATE: SUBJECT: July 22, 2014 Updates: Community Development Block Grant Monthly Status Report Discussion: The attached report shows that all requirements for the Community Development Block Grant on behalf ofThe Haystation, LLC: are on schedule. Recommendation: No Council action required. 6 AGENDA ITEM 12B MEMO DATE: SUBJECT: July22,2014 Updates: Community Development Block Grant Sewer Project Monthly Update Discussion: Lisa Helton, Project Administrator, from the Western Piedmont Council ofGovernments (WPCOG), sent the attached update for the Community Development Block Grant (CDBG) Duff Drive area sewer project. Recommendation: No Council action required. AGENDA ITEM 12C MEMO DATE: SUBJECT: July 22, ,2014 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