AGENDA Sawmills Town Hall Tuesday, August 19, 2014 6:00 pm  Regular Meeting of the Sawmills Town Council  1. CallTo Order 2. Invocation 3. Pledge of Allegiance 4. Adopt. Agenda 5. Approve. Meeting Minutes A. July 22"d Regular Meeting Minutes 6. Public Comment 7. Recognitions: A. Recycie Rewards B. Yard of] Month Winners 8. Financial Matters: 9. Discussion: A. Veterans Park Slope A. Open Public Hearing B. StatfComments/Recommendations . Public Comment D. Closel Public. Hearing E. Council Action A. Open Public Hearing B. StaffComments/Recommendations Public Comment D. Close Public Hearing E. Council Action 12. Planning Matters: A. Livestock Text Amendment B. House Condemnation Process and Costs 13. Public Comment: 14, Updates:  Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Administrator Seth Eckard Mayor Bob Gibbs Mayor Bob Gibbs Administrator Seth Eckard Administrator Seth Eckard Engineer Benjie Thomas Mayor Bob Gibbs Planner Elinor Hiltz Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Planner Elinor. Hiltz Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Planner Elinor Hiltz Planner Elinor Hiltz  South Caldwell Spartans Junior American! Legion Baseball Team A. Bid Award for Moore. Acres Drive/Baird Park Walking Trail Project B. Donation Request from South Caldwell High School Band Boosters  10. Public Hearing: Rezoning 4737 and 4741 Hickory Nut Ridge Road  11. Public Hearing: Amendment to Town of Sawmilis Code ofOrdinance Text  A. Code Enforcement Monthly Report B.A Administrators Report C. Council Comment 15. Adjourn  Administrator Seth Eckard Administrator Seth Eckard Mayor Bob Gibbs Mayor Bob Gibbs    Page 1 of6  TUESDAY,ULYZ2,2014  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  CALLTO 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. Joe Wesson made a motion, and Gerelene Blevins seconded, to adopt the agenda. All were APPROVE JUNE 17, 2014 REGULAR MEETING MINUTES: Mayor Bob Gibbs asked Trena McRary Kirby made a motion, and Joe Wesson seconded, to approve the minutes. PUBLIC COMMENT: Mayor Bob Gibbs asked if anyone had any questions or comments  in favor.  foramotion to approve the June 17,2014 regular meeting minutes.  All were in favor, ati this time.  No one wished to speak. RECOGNITIONS:  RECYCLE REWARDS WINNER: Town Administrator Seth Eckard announced Diane McNeil as the July Recycle Rewards winner. A credit of twenty-eight dollars ($28.00) will be added to her sanitation bill and her certificate will be available at the Town Hall for pick  up.  No Council action was required.    May 20, 2014 Page 2of6  YARD OF THE MONTH WINNERS: Mayor Bob Gibbs announced Fred and Donnie Inman, from the 28630 zip code, and Wayne and Anita Prestwood, from the 28638 zip code, as the July 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.  DISCUSSION:  ADOPT STORM WATER DISCHARGE PROGRAM AGREEMENT WITH CITY OF LENOIR: Town Administrator Seth Eckard stated that the current agreement between the City ofLenoir and the Town of Sawmills for the Storm Water Discharge Program needs to be renewed. The renewal Agreement will cover the period of July 1, 2014 to June 30, Jeff Wilson made ai motion, and Joe Wesson seconded, to adopt the renewal Agreement with the City ofLenoir in the amount of $13,104.93 (thirteen thousand, one hundred four dollars ADOPT SECOND 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 Community Optimist Club, Inc., for the rights to non-exclusive use of the baseball fields and concession stand times and according to the schedule as mutually agreed upon by the Town of Sawmills and the Sawmills Community Optimist Club, Inc., needs to be renewed. The renewal Licensing Joe Wesson made a motion, and Jeff Wilson seconded, to adopt the Second Amendment to ADOPT TOWN OF SAWMILLS PRIVATE STREET ACCEPTANCE PROCEDURES: Town Administrator Seth Eckard stated that there are a few private streets, either unpaved, or do not meet minimum standards in the Town. For the Town of Sawmills to take over a private street, the street must be in the Town limits and not a State maintained highway. A signed agreement must be submitted with 100% of the adjacent property owners signatures and the property owners will be responsible for 50% of the construction bid amount to bring the street up to the Town'sr minimum standards. Joe Wesson made a motion, and Gerelene Blevins seconded, not to adopt the Town of Sawmills Private Street Acceptance Procedures. Trena McRary Kirby, Jeff Wilson and Jeff Wilson made a motion, and Johnny Wilson seconded, to adopt the Town of Sawmills Private Street Acceptance Procedures. Trena McRary Kirby was in favor, Joe Wesson and Gerelene Blevins were against the motion. The motion carried with a split vote.  2015.  and ninety-three cents). All were in favor.  Agreement will cover the period of. July 1,2014 to June 30, 2015. Town of Sawmills Licensing Agreement. All were in favor.  Johnny Wilson were against the motion.    May 20, 2014 Page 3 of6  ADOPT FIRST AMENDMENT TO FARMERS MARKET LICENSING AGREEMENT: Town Administrator Seth Eckard stated that the current licensing agreement between the Town of Sawmills and the Sawmills Farmers Market Association, Inc., needs to be renewed. The renewal Licensing Agreement will cover the period ofJuly Joe Wesson made a motion, and Gerelene Blevins seconded, to adopt the First Amendment  1,2014 to. June 30, 2015.  to Farmers Market Licensing Agreement. All were in favor.  FINANCIAL MATTERS:  REQUEST FOR A DONATION. TO SAWMILLS FARMERS MARKET: Town Administrator Seth Eckard stated that the Sawmills Farmers Market has requested a Joe Wesson made a motion, and Gerelene Blevins seconded, to give a donation in the amount of $1,000.00 (one thousand dollars) to the Sawmills Farmers Market. All were in REQUEST FOR A DONATION TO TERRY CANNON'S BASEBALL TEAM: Town Administrator Seth Eckard stated that Terry Cannon has requested a donation in the amount of$100.00 (one hundred dollars) for gate fees for his traveling baseball team. Jeff Wilson made a motion, and Joe Wesson seconded, to give a donation in the amount of $100.00 (one hundred dollars) to Terry Cannon. All were in favor. DISPOSAL OF UNSCHEDULED RECORDS: Town Administrator Seth Eckard stated that 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. Gerelene Blevins made a motion, and Joe Wesson seconded, for staff to destroy all records INFORMAL BID FOR BATHROOMS AT VETERANS PARK: Town Administrator Seth Eckard stated that 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 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 Trena McRary Kirby made a motion, and Joe Wesson seconded, to approve the purchase of the Cortex Flush Building from CXT, Inc., in the amount of $47,725.66 (forty-seven thousand, seven hundred twenty-five dollars and sixty-six cents) at Veterans Park. All were  donation in the amount of $1,000.00 (one thousand dollars).  favor.  on the attached list. All were in favor.  dollars and sixty-six cents).  in favor.    May 20, 2014 Page 4 of6  PLANNING MATTERS:  RE-APPOINT PLANNING BOARD MEMBERS: Town Planner Elinor Hiltz stated that the term of appointment for the following 4 (four) Planning Board Members will expire on August 1, 2014: Chairman Steve Duncan, Vice-Chairman Buford Pennell, David Powell and Thad Hall. Town Planner Elinor Hiltz advised Council that all 4 (four) members are willing Gerelene Blevins made a motion, and Jeff Wilson seconded, to approve staff's recommendations to reappoint the following 4 (four) Planning Board Members: Chairman Steve Duncan, Vice-Chairman Buford Pennell, David Powell and Thad Hall. All were in CALL FOR A PUBLIC HEARING FOR A REZONING ON HICKORY NUT RIDGE ROAD: Town Planner Elinor Hiltz stated that on July 1, 2014, the Planning Board unanimously recommended approval of this rezoning from R-20 to RA-20. This is a 10 (ten) acre piece of property. The subject property has 1 (one) mobile home and 1 (one) stick built home on it and the applicant would like to do a family subdivision to add 2 (two) additional mobile homes. Town Planner Elinor Hiltz stated that this rezoning is consistent with the Comprehensive Plan and an RA-20 district is right across the street. Joe Wesson made a motion, and Gerelene Blevins seconded, to call for a public hearing for rezoning 4741 and 4737 Hickory Nut Ridge Road from R-20 to RA-20. All were in favor. CALL FOR A PUBLIC HEARING TO TEXT AMENDMENT CHANGE: Town Planner Elinor Hiltz stated under Town of Sawmills current code, churches are only allowed ini residential districts. The Town would like to amend the zoning code to allow churches in every zoning district because churches can fit in a variety of building types in a variety of Gerelene Blevins made a motion, and Joe Wesson seconded, to call for a public hearing to make a text amendment change to the zoning code to allow churches in every zoning REPLACEMENT MOBILE HOME PROPOSAL: Town Planner Elinor Hiltz stated that on May 6, 2014, the Planning Board unanimously recommended approval of the text amendment to the Town of Sawmills Code of Ordinance sections 153.075, 153.146 and 153.147. On May 20, 2014, Council conducted the first read and called for a public hearing. During the Public Hearing on June 17, 2014, Town Planner Elinor Hiltz objected to the mobile home checklist. The attached text amendments are consistent with the Comprehensive Plan and adds the Mobile Home Checklist into the Town of Sawmills Code Joe Wesson made a motion, and Jeff Wilson seconded, to adopt the replacement mobile  tos serve another term.  favor.  areas.  district. All were in favor.  ofOrdinances.  home proposal with the mobile home checklist. All were in favor.  PUBLIC COMMENT: Mayor Gibbs asked if anyone had any questions or comments at  this time.    May 20, 2014 Page 5of6  Reed Lingerfelt spoke in regards to the bathrooms at Veterans Park and also spoke about the  Private Street Acceptance Procedures.  Phyllis Chester spoke in regards to her code enforcement case.  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. 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:  Sunday July 20, 2014, Sawmills hosted the Sawmills Sling Disc Golf Tournament. 75 of the State's best disc golf players came to Sawmills to play. A pro-disc golfer from Charlotte won the event. Every hole had a sponsor, including Sawmills Hardware. This was a charity event and there was over $1,600.00 (sixteen hundred dollars) raised for Caldwell County Special Olympics and the DAV. All the money was split evenly between the 2 (two) charities. Sawmills will host another Charity Sawmills Farmers Market is still going strong. This is the prime time of the season. The Sawmills Farmers Market is open every Tuesday from 3:00 pm until 7:00 pm  Disc GoffTournament in the spring.  through October.    May 20, 2014 Page 6of6  Sawmills has a new business called Carolina Locust. There will be a ribbon cutting on July 31, 2014, at 9:00 am. Carolina Locust is going to take locust hardwood and make high-end decking material and furniture. Sawmills is getting a sawmill once  again.  COUNCIL COMMENT: Mayor Bob Gibbs asked if anyone on the Council had any Joe Wesson wanted to thank the public for coming out and to remind everyone that the  questions or comments at this time.  Council needs all the input from the public that Council can get.  COUNCIL WENT INTO CLOSED SESSION FOR ATTORNEY CLIENT  PRIVILEGE.  COUNCIL ADJOURN: Mayor Bob Gibbs asked for a motion to adjourn.  Gerelene Blevins made a motion, and Joe Wesson seconded, to adjourn the meeting. All  were in favor.  Julie A Good, Town Clerk  Bob Gibbs, Mayor    Reproduce this form as needed.  North Carolina Department of Cultural Resources Division of Archives and Records Government Records Branch  REQUEST FOR DISPOSAL OF UNSCHEDULED RECORDS  TO  Assistant Records Administrator N.C. Division of Archives and Records Government Records Branch 4615 Mail Service Center Raleigh, NC 27699-4615 Name ownof Savvils County Toldual Agency or department PriAEen Phone number  FROM  998:30-1403  In accordance with the provisions of G.S. 121 and 132, approval ist requested for the destruction of records listed below. These  records have no further use or value for official or administrative purposes.  RECORDS TITLE  DESCRIPTION  INCLUSNVEDATES QUANTITY  MICROFILMED? RETENTION (YESORNo).  PERIOD 34ps 34rs ly 34s ly. lup. 34Ls 34Ls lug.  dl ck coacler Docepts ct wocker L BaAus ICop4  oipts* Bills Conds Doopis* p9s Coscs.  Sopt. cot. ofeoch NO Obch,Apr ofeach No  Na.Dea 6010 moaisune OIL San- DaC Suleg- Suns! Subgrs Sune Sy Sune  AIB Cosht AIR  woder Roccipis ot worler B1 on.Feb. topug  Coricol Aoparts Tansacien C'orcnol poporis Aug-Doo Icop  Rrom Cash ocoipts A010-8012  No  accoumts hat have BiMins, FOCcOuNs Billong Bilins Popat Bebre  AR- wrote dR Aact been itten ofF AjA- Vocomt Blld vocant acCounts AIR -latefee Rpst Ro Jate Rees AIA-Rebllass B4s OR printod AIR- Moter Aoadins reports-thnos Sas tna  R00l0- ao0 icopy NO 8010-2011 ldapy No lus B00-601 ICeps No a0a01 lcepey No  poports  cB,  Kist shausnss Occounds SRg-Jus  AIR- DsConct Ast disconrecled month 00ou I04P4 NO  bhace on eoch aGount SaL laopy No  AIR- Call Log-  Aeport at shouss Occourts ontha. Calllist  NO lo-8l0-14 Date 7-85-14 Date M-35-14 Date  lcopy  Requested by: hatytl Approved by: 312  CR.CO Monager Title maLon Head of Govering Board Inlluck Assistant Records Administrator NCD Division of Archives Records  Sigbature Signaturé  Concurred byi (as indicated)  Guarad  and    Reproduce this form as needed.  North Carolina Department of Cultural Resources Division of Archives and Records Government Records Branch  REQUEST FOR DISPOSAL OF UNSCHEDULED RECORDS  TO  Assistant Records Administrator N.C. Division of Archives and Records Government Records Branch 4615 Mail Service Center Raleigh, NC 27699-4615 Name County Chiwel Phone number  FROM  Ton & oumlls  Agency or department Adoisinen  XAR- 3719-7703  In accordance with the provisions of G.S. 121 and 132, approval is requested for the destruction of records listed beiow. These  records have no further use or value for official or administrative purposes. PARLBF Ples and Q00 fecards  RECORDS TITLE  DESCRIPTION  INCLUSMVEI DATES QUANTIIY MICROFILMED? RETENTION 1945 egch No  (VESORNO)  PERIOD Suys. Syrs Sys. 34us 34us 34u 34Na 3yp  Fgusins Darab Proect 993,1994  CDBG CoB6- Seuer Projact CDBO ICDBG- Block Gront  Wolnin- Souatipo. Bles OnQ ReK prect 19na-a002 Iech No Adnsn * BleckGot Rles on  1992-2002 PE No  APrecords  Raucltors  Auckit Fles  reports 3ul-Jung  AP- AP- PO's Fnone Faraunco au- Hud.t Files aB-  A5-319 ERA Nb Sly-Sune Idps 25-209 d eoch NO ly-Juns Jluy-sung ss-20  Aucl+ PO's ROL purahneses Files tk oidtors hoxes  à 6 Aucit Fles BaAk Sorauclidors Satemancts  a003-2009 -Sune EESA No 34rs.  Bonk reas. andal Generag Ra Cuclitors  Aclit Eles paper wok Qudltos 05-3009 9517 No  Leger entries JDuy-Jne (cop),  25-208 Ghéach No  Rbraccaunis  AudFiles Pdjus-onts  NO  ELA  Requested by: Approved by: Concurred oys (asi indicated)  ORScaaçer Title Mapt Head ofG Gpyeming Board doum Cluk Assistant Records Administrator NC Division of Archives and Records  L007-14 Date 1125-14 Date M-05-14 Date  ELE Signature 72  Gudnl                AGENDA ITEM 7A  MEMO DATE: SUBJECT:  August 19, 2014 Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Mr. and Mrs. Gary Reese on winning the Recycle Rewards Program for the month of August. Town Administrator Seth Eckard will present Mr. and Mrs. Reese 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:  August 19, 2014 Recognition: Yard oft the Month Winners  Discussion:  Lauri and Keith Browning, from the 28630 zip code, and Mt. Zion Baptist Church, from the 28638 zip code, are the Yard oft the Month winners for August. Mayor Bob Gibbs will present  them with a Certificate of Appreciation.  Recommendation: No Council action required.    AGENDA ITEM 7C  MEMO DATE: SUBJECT:  August 19,2014 Recognition: South Caldwell Spartans Junior American Legion Baseball Team  Discussion:  The Town of Sawmills would like to congratulate the South Caldwell Spartans Junior American Legion Baseball Team and Coach Jeff Parham for winning the State Title in Cary, NC.  Recommendation: No Council action is required.    AGENDA ITEM 8A  MEMO DATE: SUBJECT:  August 19, 2014 Financial Matters: Bid Award for Moore Acres Dr and Baird Park Walking Trail  Discussion: Trail.  The Town has received three (3) bids for repairs on Moore Acres Dr and Baird Park Walking  Midstate Contractors, Inc. Evans Construction  $224,210.00 $221,313.50 $228,745.00  Caldwell Construction Services, LLC  There are sufficient funds in the budget for this project.  Recommendation:  Statfrecommends: Council award the bid to Evans Construction in the amount of $221,313.50.    AGENDA ITEM8 8B  MEMO DATE: SUBJECT:  August 19,2014 Financial Matters: Request for a Donation To South Caldwell High School Band Boosters  Discussion:  The Town has received a request from the Sawmills Farmers Market for a donation in the  amount of$100.00 (one hundred dollars).  There are sufficient funds in the budget for this request.  Recommendation:  Staffrecommends Council discuss this matter and decide how they wish to proceed.    nvw 40 AA AA.10  .0VA  316-8455  Bob Gibhs, Mayor  TOWN OFSAWMILLS.  Seth Eckard.Towa. Administrator  Funding Request Booslers  NamepfOganiaios OAN Gy: Ahdson  Awlu Mind Papme 3162188  Permanent Address: 3635Spran OIE  State: NC Zip Code: 28632  VO-Bocslers  ConracrNamers Jodielo-fone  Onelon  aso Thildèst Bardr    -Amount Requested: 100  AmmounrNeeded for the Project:  0D  Date FundsNéeded: ga Date Project Begins: - M4ompltign Date: blols -Complete Descripcion ofP Project: Sososhp20atoA  sbopsourds Soun Talurlsspuan ODAE-ARdA, band MorimoA How-will che funds be used? osaymnyathupup EVApAEmOANEAROLAAnK.mlc  ::  alicabFApdeaer Howy wil ghis pugbetparmaypn SAeMAtIpor  : ,  Band_progrno -see Qacheg : :  Oaherammunin At Vorous mes durhy Shcupnroluidin amnratc@rlsnk  OficialToun! Use Only  Date application raceived Date Approved,  Dace presented (o Town Council  Denied  Amounr. Approved.  Available Balance in Goveming Bady Donations Expense Açct:  Date Check Written,  CheckNo.  Amount    AGENDAITEM9A  MEMO DATE: SUBJECT:  August 19,2014 Discussion: Veterans Park Slope  Discussion:  Town Engineer Benjie Thomas is going to do a presentation on the slope issue at Veterans Park.  Recommendation:  Staffrecommends Council discuss this matter and decide how they wish to proceed.        FAILURE AREA  r  Googleearth 300 90  2014Google  Google earth 6  feet meters'    FAILURE AREA  02014Google  Googleearth  Googleearth  feet meters'  200 70    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard TOWN PLANNER Elinor Hiltz  PLANNING BOARD Steve Duncan, Chairman Buford Pennell David Powell Thad Hall Clyde Miller  VOFSAWIN  CORPORATED 1880  P &  COUNCIL MEETING August19, 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. The Call for Public Hearing happened on July 22.  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 ofthe 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. MOTION TO REZONE because it is consistent with the Comprehensive Plan.  Action Needed: DENY, TABLE  subject property  across street    entrance to conceptual lot 1  conceptual lot 2    OFSAWIM  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  COUNCIL MEETING August 19, 2014 6:00 PM  Agenda Item #11B  PLANNER'S STAFF REPORT  ALLOW CHURCHES IN EVERY DISTRICT PROPOSAL Council made the "Call for Public Hearing" onJuly 22nd,  Status: The Planning Board recommended approval of this proposal on August 5th, Proposal: Allow churches in every zoning district. Currently churches are only When the Comprehensive Plan and Zoning Ordinance were written was before the advent of the "mega church". Now some mega churches like Day 3 require really big buildings which cannot be found in residential districts. Other churches occupy assembly buildings on the weekend, like the church in the Broyhill auditorium, which is probably zoned commercial. Other churches occupy stores in strip malls-also zoned commercial. Some churches still choose the traditional free-standing building in a residential neighborhood. The Planning Board recommends allowing flexibility for Church parking requirements are one parking space for every four seats in the chapel. This proposal is not inconsistent with the Comprehensive Plan. The Comprehensive Plan tells where to put commercial uses and residential uses in the future, but a church isa crossover use that is commercia/non-pront and often compatible with residential  allowed in the residential districts.  churches to choose which zones fit best.  Consistency with Comprehensive Plan:  uses. The proposal is OK with the Comprehensive Plan.  Action Needed: Comprehensive Plan,  MOTIONTOAPPROVE text amendment because it is consistent with the  MOTION TO DENY text amendment for a stated reason, or  MOTION' TOTABLE    PROPOSED TEXT AMENDMENT Additions in highlight  $153.051 Table of Permitted 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 ofwrecked vehicles Automobile sales Bakery Banks, with drive 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    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard TOWN PLANNER Elinor Hiltz  PLANNING BOARD Steve Duncan, Chairman Buford Pennell David Powell Thad Hall Clyde Miller  DFSAWIN -  ORPORATED 95  COUNCIL MEETING August 19, 2014 6:00 PM  Agenda Item # 12A  PLANNER'S STAFF REPORT  LIVESTOCKPROPOSAL  Status: On May 6, 2014 the Planning Board unanimously recommended approval of a livestock zoning ordinance. On May 20, 2014 Council read the proposal for the first time and set the Public Hearing. Atthe Public Hearing on June 17, 2014 Council sent the proposal back to staff for further research. On July 17 Joe Wesson, Johnny Wilson, Bob Gibbs, Seth Eckard, and Elinor Hiltz created a draft ordinance. On July 21 Gerelene Blevins, Jeff Wilson, Johnny  Wilson, Bob Gibbs, Seth Eckard and Elinor Hiltz further revised the draft.  Proposal:  Livestock: Livestock is unrestricted in the ETJ, with the exception of platted major subdivisions. Livestock are never permitted within platted major subdivisions in this Doe Run, Hayes Mill Landing, Friendship Acres, O.J. Lane, Janettes Way, Virginia Acres, Shady Oak, Burl Acres, Granville Terrace, South Caldwell Estates, and many more unnamed subdivisions. If more than five lots were created, spurring the dedication of a new road at the time the subdivision was platted, then the subdivision will be called a The following rules apply in town limits, to properties less than 4 acres: livestock are not allowed on parcels less than 1 (fenced) acre. In between 1 and 4 (fenced) acres, people can keep 2 animals per each 1/2 acre. Vacant properties may not keep livestock. Barns and fences must be set back 100 feet from the nearest structure under different ownership. Fowl: The proposal keeps the regulations for fowl that the town already has, except it adds that commercial poultry farms are permitted with Conditional Use Permit.  proposal. Some examples ofs such subdivisions are:  "platted major subdivision" and livestock will be disallowed.  Consistency with Comprehensive Plan:  Proposal is consistent with Comprehensive Plan because it says "Agricultural activities shall be the preferred land use in rural areas"(p17). Currently the code does not allow non-farmers to keep livestock, sO if the code is amended to allow more livestock, the town will be more MOTIONTOAPPROVE text amendment because it is consistent with the Comprehensive  agricultural. Action Needed: Plan, OR  MOTION TOTABLE    COUNCIL MEETING Aug 19, 2014 6:00 PM  Agenda Item #12A  LIVESTOCK TEXT AMENDMENT PROPOSAL EPP#PAFAstrP* everything else is new  CHAPTER 153: LAND USAGE (ZONING ORDINANCE) $153.051 TABLE OF PERMITTED USES.  Use Horses Livestock Fowl  R-20 RA-20 R-15 0-1 N-B H-B G-M  SR $-153.074 P $153.081 P $153.082  P P P P P P P P P P P P P P  $153.074  HORSES  -R20-Must-havemihimamePlareFtareaeresperkere RA-20--Masthaveaminimumefome-aereperherse  $153.081 LIVESTOCK  Except (A), regulations for livestock shall only apply within town limits. Livestock is defined as horses, cows, llamas, alpacas, goats, sheep, mules, donkeys, swine and similar animals. Pot- (A) Livestock may not be kept in platted major subdivisions, neither in the ETJ nor within town limits. For the purposes of this regulation a "platted major subdivision" shall be defined as a development consisting of more than five lots which required the dedication (B) Livestock may not be kept on a parcel without aj principle structure and principleu use. (C) Livestock may not bel kept on parcels with less than one (1) fenced acre. (D) Parcels that have between one (1) and four (4) fenced acres may keep up to two (2) (E) Parcels four acres or larger are exempt from livestock regulations. (F) Containment areas for livestock must be at least 100 feet from structures on adjacent  bellied pigs and rabbits do not qualify as livestock.  ofa new street at the time it was platted.  livestock animals per one-half(1/2): acre. properties under different ownership.  $153.082 FOWL  Except (C), regulations for fowl only apply within town limits. (B) Fowl pens should bel kept in sanitary conditions.  (A) Fowl may not run at large.  (C) Poultry farms need conditional use permits both in the ETJ and within town limits. (A poultry farm is defined as: more than 50 birds more than six monthsold.)    $153.999 PENALTY.  (A) Generally. Any person violating any provision of this chapter for which no specific (B) Civil penalties. Violation ofany provision of this chapter shall subject the offender to a civil penalty in the amount of $50, to be recovered by the town in a civil action in the nature of debt ift the offender does not pay the penalty within a period of 72 hours after being cited. Citation shall be in writing, signed by the Zoning Enforcement Officer, and shall be delivered or mailed to the offender either at] his or her residence or at his or her place ofb business or at the (C) Criminal penalties for violation. Any person, firm or corporation who violated the provisions of this chapter shall, upon conviction, be guilty of a misdemeanor and shall be fined not exceeding $50 or imprisoned not 30 days. Each day that a violation continues to exist shall be considered a separate offence, provided that violation of this chapter is not corrected within  penalty is prescribed shall be subject to $10.99.  place where the violation occurred.  30 days after the notice of the violation has been given.  (Ord. passed 4-17-2012)    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard TOWN PLANNER Elinor Hiltz  PLANNING BOARD Steve Duncan, Chairman Buford Pennell David Powell Thad Hall Clyde Miller  OFSAWIN  ORPORATED 980  MEMO TO: Town Council  AGENDA ITEM 12B  FROM: Elinor Hiltz, Town Planner DATE: August 11,2014  SUBJECT: House Condemnation Process and Costs  Sometimes the government needs to remove a building ifit is hazardous and the owner is not around or cannot afford to demolish it. Buildings that have been uninhabited for a long time attract vagrants. In the minimum housing code it is OK to use that for justification to tear down al house that has been posted unfit for human habitation, but it takes about two years. Ifwe use a squatter's s house on Sawmills School Road for an example, the process would be: 1. apublio authority, occupant, or 5 residents fill out a petition to open the case 3. have a Caldwell County Building inspector conduct a minimum housing inspection and cost estimate. The cost to repair will be less than 50% of the value of the house on 4. mail the complaint to the property owner and schedule a public hearing within 10-30 6. post "unfit for human habitation; the use of occupation of this building for human  PROCESS  2. contact the owner  Sawmills School Road.  days  5. order the property owner to repair the building within 45 days  habitation is prohibited and unlawful" 7. wait one year (required in 154.50 (F)) 8. order owner to repair within 90 days 9. after 90 days, adopt ordinance to demolish building 10.record ordinance at Register of Deeds 11. after 30 days of nonpayment, place lien on property  In this case we pretended the owners would not respond. If the owners respond positively, the There will sometimes be buildings that are obviously burnt or falling down that the Town wants to demolish. That can be accomplished through the nuisance code, within about 60  Town may not have to do steps 3-11.  days, without a Building Inspector's assistance.    APPROXIMATE COSTS  Asbestos inspection: $400-$1,000. Ifasbestos is present add 25% to demolition costs Removal ofa 1,500 sq ft cinderblock building, asbestos included: $10,000  Removal of a single wide: $1,200-$4,000 Removal ofa 1,100 sq ft house: $7,000 Past Sawmills cases: $4,000-85,000  Council has been budgeting $10,000 a year for nuisance abatement and lately that has been sufficient to cover the tall grass nuisance cases plus a small clean-up or removal case each  year.  Sources: Ronnie Coffey, WPCOG Planners Laurie LoCicero and Jon Pilkenton, and Rutherford College Town  Manager Kenneth Geathers    AGENDA ITEM: 14A  MEMO DATE: SUBJECT:  August 19,2014 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