Page 1of5  TUESDAY, SEPTEMBER 16, 2014  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT Trena McRary Kirby Joe Wesson Jeff Wilson Johnny Wilson  STAFF PRESENT Seth Eckard Julie Good Terry Taylor Elinor Hiltz  COUNCIL ABSENT Gerelene Blevins  CALL TO ORDER: Mayor Pro-Tem Trena McRary Kirby called the meeting to order.  INVOCATION: Pastor Ron Burgett 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 Joe Wesson made a motion, and Jeff Wilson seconded, to adopt the agenda. All were in APPROVE AUGUST 19,-2014 REGULAR MEETING MINUTES: Mayor Pro-Tem Trena McRary Kirby asked for a motion to approve the August 19, 2014 regular meeting Joe Wesson made a motion, and Johnny Wilson seconded, to approve the minutes. All were PUBLIC COMMENT: Mayor Pro-Tem Trena McRary Kirby asked if anyone had any  Allegiance. agenda. favor.  minutes. in favor.  questions or comments at this time. No one wished to speak. RECOGNITIONS:  RECYCLE REWARDS WINNER: Town Administrator Seth Eckard announced Mr. and Mrs. Mark Maheux as the September Recycle Rewards winner. A credit of twenty-eight dollars ($28.00) will be added to their sanitation bill and their certificate will be available at  the Town Hall for pick up.    September 16, 2014 Page 2 of5  No Council action was required.  YARD OF THE MONTH WINNERS: Town Administrator Seth Eckard announced that Joe Helton, from the 28630 zip code, and IBS, from the 28638 zip code, as the September Yard of the Month winners. Town Administrator Seth Eckard stated that both certificates  would be available at the Town Hall for pickup. No Council action was: required. DISCUSSION:  APPOINTMENT OF A NEW MAYOR: On August 25, 2014, Bob Gibbs resigned as Mayor of Sawmills. Town Attorney Terry Taylor gave the council three (3) options as to what Council can do regarding the open Mayor seat. Those options up for discussion are:  Nominate a candidate for Mayor; Postpone Mayor appointment; or  Not appoint a Mayor and wait until the November 2015 election cycle.  Mayor Pro-Tem Trena McRary Kirby asked who wanted to start the discussion and Joe Joe Wesson stated that he has discussed this with Council and Sawmills' residents and he would like Sawmills' residents to be able to elect a Mayor in November 2015 and members Town Administrator Seth Eckard stated that instead of a four (4) year term, the person elected during the November 2015 election will only serve a two (2) year term and then run in the November 2017 election to get the Mayor seat back on the correct year. Mayor Pro-Tem Trena McRary Kirby stated that ifi it is not going to be a hardship on the Town, then she agrees that members of the Council can take on more responsibility and let Jeff Wilson stated that Sawmills' residents should be able to elect a Mayor in the November Johnny Wilson stated that Council should wait until the November 2015 election and let the Sawmills' residents elect a Mayor unless a Mayor is needed before the election and then CALDWELL COUNTY RAILROAD COMMISSION MEMBER APPOINTMENT:, A representative from each municipality serves a two (2) year term on the Caldwell County Railroad Commission. The two (2) year term started on January 1, 2014 and lasts until December 31, 2016. Bob Gibbs was serving on Caldwell County Railroad Commission Jeff Wilson made a motion, Trena McRary Kirby seconded, that Joe Wesson will serve on the Caldwell County Railroad Commission representing the Town of Sawmills to finish out  Wesson went first.  ofthe Council can take on more responsibilities until the election.  Sawmills' residents elect a. Mayor in the November 2015 election.  2015 election.  Council can appoint someone to act as Mayor until the election.  representing the Town of Sawmills.  the two (2) year term. All were in favor.    September 16, 2014 Page 3 of5  CALDWELL COUNTY SALES TAX REINVESTMENT COMMISSION MEMBER: Bob Gibbs was serving on the Caldwell County Sales Tax Reinvestment Commission representing the Town of Sawmills for a term that ends in December 2015. Jeff Wilson made a motion, Joe Wesson seconded, that Johnny Wilson will serve on the Caldwell County Sales Tax Reinvestment Commission representing the Town of Sawmills  to finish out the term. All were in favor. PLANNING MATTERS:  PROPOSED TEXT AMENDMENT FOR PROTEST PETITIONS: Town Planner Elinor Hiltz stated that the protest petition section of the Town of Sawmills code conflicts with State Statutes. The proposed new text is the State Statute, almost verbatim:  If opposition to a rezoning turns in a valid protest petition more than two (2) working days before the public hearing, the Council must approve the rezoning by a  three-fourths (A) vote for the rezoning to pass.  Town Planner Elinor Hiltz stated that Councils usually vote unanimously, SO a statewide poll has shown that protest petitions have only affected the outcomes of approximately six percent (6%) of rezoning cases (the source of this information came from the UNC School of Government blog). Protest petitions are good for indicting that there is clear opposition Town Planner Elinor Hiltz also stated that if the Town of Sawmills did not have a protest petition in the ordinance, a landowner would have the right to file a protest petition per State Town Planner Elinor Hiltz stated that the Comprehensive Plan does not cover rezoning proceedings. This text amendment could prevent legal challenges. The Planning Board unanimously recommended approval ofthis ordinance on September 2, 2014. Jeff Wilson made a motion, Johnny Wilson seconded, to call for the Public Hearing on October 21, 2014, to adopt the proposed protest petition text amendment proposal for the APPOINTMENT FOR SUBDIVISION REVIEW BOARD: Town Planner Elinor Hiltz stated that minor subdivisions and family subdivisions need to be reviewed by a small subcommittee called the Subdivision Review Board (SRB). The SRB is made up of the Mayor, the Planning Board Chairman, a member of the Planning Board, and an alternate member of the Planning Board. The SRB will meet on Tuesdays at 5:00 pm, or 5:30 pm, On September 2, 2014, the Planning Board appointed David Powell as the primary member  to the rezoning.  law.  Sawmills Code ofOrdinances. All were in favor.  when there is a plat to review.  and Clyde Miller as the alternate member for the SRB.  No Council action was required.    September 16, 2014 Page 4 of5  PUBLIC COMMENT: Mayor Pro-Tem Trena McRary Kirby asked if anyone had any Dan Kuehnert wanted to introduce himself to Council. Mr. Kuehnert is a resident of Burke County and is running for Superior Court Judge in the 25A Judicial District. Mr. Kuehnert is the Town Attorney for Glen Alpine, and is the former Town Attorney for Rutherford  questions or comments at this time.  College, SO he knows about local government.  UPDATES:  CODE ENFORCEMENT MONTHLY REPORT: Administrator Seth Eckard stated Town Planner Elinor Hiltz has enclosed an updated status report ofCode Enforcement cases  and the progress that has been made on each case as of September 2014.  No Council action was required.  ADMINISTRATORS REPORT: Town Administrator Seth Eckard made the following  announcements:  The Fall Festival was the biggest and best festival to date. We had 52 vendors. The Festival Committee will meet Wednesday, September 17, 2014, at 3:00 pm to discuss the Fall Festival and the upcoming Veterans' Day celebration. The bid opening for the slope project at Veterans Park will open on September 23, Town Administrator Seth Eckard and Mayor Pro-Tem Trena McRary Kirby will be The Veterans Park restrooms should be delivered on October 6, 2014, and should be ready for use by our Veterans' Day celebration. Public Works is hoping to have the sidewalk finished and some landscaping done around the restrooms by the Veterans' Day celebration but are not sure if they can get it all finished by then. The Town is going to try to open bids for the Duff Drive sewer project in December. COUNCIL COMMENT: Mayor Pro-Tem Trena McRary Kirby asked if anyone on the  2014.  going to the COG meeting on September 23, 2014, at 6:00 pm.  Council had any questions or comments at this time. Joe Wesson wanted to thank everyone for coming to the meeting.  Trena McRary Kirby stated that she loved the festival and wanted to thank everyone for  coming out.    September 16, 2014 Page 5 of5  COUNCIL ADJOURN: Mayor Pro-Tem asked for a motion to adjourn.  Joe Wesson made a motion, and Johnny Wilson seconded, to adjourn the meeting. All were  in favor.   SEAL 4  Xoy Trena McRary Kirby, Mayor Pro-Tem  Clerk LY3,1  gps