AGENDA Sawmills Town Hall Tuesday, April 16, 2013 6:00 P.M.  Regular Meeting of the Sawmills Town Council  1. Call To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda  Mayor Bob Gibbs Pastor David Woods Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs  5. Approve March 19th Regular Meeting Minutes Approve April 4" Special Budget Workshop Minutes  6. Public Comment 7. Recognitions::  A. Recycle Rewards Winner B. Yard of the Month Winners  Administrator Seth Eckard Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Administrator Seth Eckard Planner Johnny Wear Planner Johnny Wear Administrator Seth Eckard  8. Financial Matters:  A. Request for a Donation to Caldwell County Special Olympics B. Request for a Donation to Caldwell County Fire Marshal's Office Water/Sewer and Sanitation Bad Debt Write Off A. Proposed Amendment to the Code of Ordinances B. Appointment to serve on the Board of Adjustment  9. Planning Matters:  10. Discussion: 11. Public Comment 12. Updates:  Doe Run Subdivision Landscaping  A. - Code Enforcement Monthly Report B. Administrator's Report C. - Council Comment  Administrator Seth Eckard Administrator Seth Eckard Mayor Bob Gibbs  13. Adjourn    Page 1 of4  TUESDAY, MARCH 19,2013  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT Bob Gibbs Donnie Potter Trena McRary Kirby Joe Wesson JeffWilson Johnny Wilson  STAFF PRESENT Seth Eckard Susan Nagle Terry Taylor  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 Gibbs asked for ai motion to adopt the agenda.  Donnie Potter made a motion, and Joe Wesson seconded, to adopt the agenda. All were in APPROVE FEBRUARY 19, 2013 REGULAR MEETING MINUTES: Mayor Gibbs asked fora a motion to approve the February 19, 2013 regular meeting minutes. Johnny Wilson made a motion, and Donnie Potter seconded, to approve the minutes. All APPROVE MARCH 7, 2013 SPECIAL BUDGET WORKSHOP MINUTES: Mayor Gibbs asked for amotion to approve the March 7,2013 Special Budget Retreat Minutes. Jeff Wilson made a motion, and Joe Wesson seconded, to approve the minutes. All were in PUBLIC COMMENT: Mayor Gibbs asked if anyone wished to speak during public  favor.  were in favor.  favor. comment.  No one wished to speak.    March 19,2013 Page 20 of4  RECOGNITIONS:  RECYCLE REWARDS WINNER: Town Administrator Seth Eckard announced Richard and Connie Lasher as the March Recycle Rewards winners. A credit of twenty-eight dollars ($28.00) will be added to Mr. and Mrs. Lasher's sanitation bill and their certificate will be  available at the Town Hall for pick up. No Council action was required. DISCUSSION:  ADOPT RESOLUTION TO AMEND SECTION 31.03 OF THE SAWMILLS CODE OF ORDINANCES: Mayor Gibbs stated the enclosed resolution to amend Section 31.03 of the Sawmills Code of Ordinances changes the duties of the Town Administrator, Joe Wesson made a motion, and Johnny Wilson seconded, to amend Section 31.03 of the Sawmills Code of Ordinances. Those in favor were Trena McRary Kirby, Joe Wesson, Donnie Potter and Johnny Wilson. Those opposed were Jeff Wilson. The motion carried by SAWMILLS 25-YEAR ANNIVERSARY CELEBRATION: Administrator Eckard stated the Towns 25th anniversary is July 1, 2013. The Festival Committee discussed having an anniversary celebration in July or during the Fall Festival in September. The Town would like to honor all those past and present who have contributed to the Town's success. Honorees would include: current and past Council, staff, Fire Department Board members After some discussion, it was the consensus of the Council to combine the 25-Year Anniversary Celebration and the Annual Fall Festival on Saturday, September 21,2013. PUBLIC COMMENT: Mayor Gibbs asked if anyone wished to speak during public Mike Harris expressed his gratitude to Council for holding concerned citizen group  a4-1 vote.  and Officers as well as past Sanitary District Commissioners.  comment. meetings. UPDATES:  CODE ENFORCEMENT MONTHLY REPORT: Administrator Eckard stated the  enclosed Code Enforcement report was for March.  No Council action was required.    March 19,2013 Page 3 of4  ADMINISTRATORS REPORT: Town Administrator Seth Eckard made the following  announcements:  The Annual Easter Egg Hunt will be Saturday, March 23'd from 10:30 am to 12:30  pm at the Veterans Memorial Park.  The Sawmills Farmers Market will hold a vendor's meeting Thursday, March 215t at 6:30 pm at Mt. Zion Baptist Church and encourages all interested vendors to The grand opening for the Disc Golf course will be Saturday, April 6"h at 10:00 am at  attend.  the Veterans Memorial Park.  The next budget workshop will be Thursday, April 4th at 5:00 pm, and is open to the The Town Hall will be closed on Friday, March 29th, in observance of Good Friday.  public.  The Yard of the Month program resumes in April.  The Town Beautification Committee will meet Friday, March 22"d at 9:00 am. The Town would like to thank the citizens for all the donations to the Coats for Kids collection. This was a success and there were 155 coats collected. The Mayor and I will be attending Town Hall Day in Raleigh March 26th and 27th.    March 19,2013 Page 40 of4  COUNCIL COMMENT: Mayor Gibbs asked if anyone on the Council wished to speak. Councilwoman Trena McRary Kirby stated she has received great feedback from the Concerned Citizens Group meetings and would like the date of the next meeting to be in the Mayor Pro-Tem Johnny Wilson thought the Concerned Citizens Group meeting was good because the meetings make Council aware of the citizens? concerns and it is the job of the Councilman Joe Wesson would like to thank everyone for their concern and support during Mayor Gibbs stated he is working with Legislators on getting a historical marker put at the river for the Conley Cove. The Mayor has been working with the Caldwell County Historical Society on the history of Conley Cove and asked anyone who has any information on the Cove or the Conley's to please contact. him by the end of April as the  newsletter.  Council to take çare of the citizens and the needs in Sawmills.,  his recent surgery and while he recovers.  Legislators will be voting on this issue in May. ADJOURN: Mayor Gibbs asked for ai motion to adjourn.  Jeff Wilson made a motion, and Donnie Potter seconded, to adjourn the meeting. All were  in favor.  Susan Nagle, Town Clerk  Bob Gibbs, Mayor    TUESDAY, APRIL 4,2013 TOWN OF SAWMILLS SPECIAL COUNCIL BUDGET WORKSHOP  5:001 PM  COUNCIL PRESENT Bob Gibbs, Mayor Donnie Potter Joe Wesson Johnny Wilson Jeff Wilson Trena McRary Kirby  STAFF PRESENT Seth Eckard Karen Clontz Ronnie Coffey  CALLTO ORDER: Mayor Bob Gibbs called the meeting to order. INVOCATION: Mayor Gibbs gave thei invocation.  PLEDGE OF ALLEGIANCE: Mayor Gibbs led the Pledge of Allegiance. ADOPT AGENDA: Mayor Gibbs asked for a motion to adopt the agenda.  Donnie Potter made a motion, and Joe Wesson seconded, to adopt the agenda. All were in favor.  ITEMS FOR DISCUSSION: The following items were discussed: Possible Construction of] Elmore Drive Restrooms at the Veterans Memorial Park Contract with Caldwell County Sheriff's Department Budget Needs by Department: Public Works Sanitation Streets (Powell Bill) Parks & Recreation Water Department Sewer Department Governing Board Administration Finance  Planning/Community Development  ADJOURN: Mayor Gibbs asked for a motion to adjourn,  Donnie Potter made a motion, and Trena McRary Kirby seconded, to adjourn the meeting. All  were in favor.  Susan Nagle, Town Clerk  Bob Gibbs, Mayor    AGENDA ITEM 7A  MEMO DATE: SUBJECT:  April 11, 2013 Recognition: Recycle Rewards Winner  Discussion:  Michael and Cindy Austin are the Recycle Rewards winners for April. Town Administrator Seth Eckard will present them with a certificate of appreciation and at twenty-eight dollar ($28.00) credit will be added to their current sanitation bill.  Recommendation: No Council action required.    AGENDA ITEM 7B  MEMO DATE: SUBJECT:  April 11, 2013 Recognition: Yard ofthe Month Winners  Discussion:  Sawmills Volunteer Fire & Rescue Department, from the 28630 zip code, and Ted and Peggy Laxton, from the 28638 zip code, are the Yard ofthe Month winners for April. Mayor Bob Gibbs will present them with a certificate of appreciation.  Recommendation: No Council action required.    AGENDA ITEM 8A  MEMO DATE: SUBJECT:  April 11,2013 Financial Matters: Request for a Donation to Caldwell County Special  Olympics  Discussion:  The Caldwell County Special Olympics is requesting a donation in the amount of $150.00 to help cover the cost oft-shirts and lunch for participating athletes.  There are sufficient funds in the budget for this request.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish to  proceed.    AGENDA ITEM 8B  MEMO DATE: SUBJECT:  April 11, 2013 Financial Matters: Request for a Donation to Caldwell County Fire Marshal's Office  Discussion:  The Caldwell County Fire Marshal's Office is requesting a donation to help cover the cost oftraining and maintenance of an accelerant detection canine. There are sufficient funds in the budget for this request.  Recommendation:  Staff recommends Council discuss this matter and decide how they wish to  proceed.    AGENDA ITEM 8C  MEMO DATE: SUBJECT:  April 11,2013 Financial Matters: Water/Sewer and Sanitation Bad Debt  Write Off  Discussion:  Attached is a list of accounts which have gone unpaid for Utility and Sanitation services during the calendar year 2009. The Town does not expect to collect Included in this amount are 17 account balances over $50, totaling $2,259.23. These accounts have been submitted to the NC Debt Setoff Program. If this amount is recovered, this would reduce the debt write offto $1,592.52. As of this writing, the Town has been able to recover $2,708.28 from the Debt  payment. The total amount is $3,851.75.  Setoff program for unpaid balances due from 2009 to 2012. There are sufficient funds budgeted for this reason.  Recommendation: $3,851.75.  Staff recommends Council approve the bad debt write off in the amount of    AGENDA ITEM 9A TOWN COUNCIL Johnny Wilson, Mayor Pro-Tem Trena McRary Kirby Donnie Potter Joe Wesson Jeff Wilson  MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  9  UM  CORPORATED  Staff Report: Solar Energy Systems  Listed below is an Ordinance for Solar Energy Systems. This would include large and small size solar panels used for residential, business, or utility purposes. The Planning Board reviewed the Ordinance at the last meeting and voted to recommend approval of the Ordinance.  Amendment to the Zoning Ordinance To be added to the list of definition:  SOLAR ENERGY SYSTEM, SMALL. Any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for generating energy for use onsite. However, the energy output may be delivered to aj power grid to offset the cost of energy on site. Small systems will typically generate less than 10 kilowatts per hour (rated 10kW. system). and' will be an accessory use to a lawful, principle use. Small systems shall be located and situated so glare is not to interfere with traffic on public streets or highways or the reasonable use. ofneighboring property. Roofmounted small systems shall not extend more. than 10 feet from the top of the roof. The total height of the building including the solar collection devices shall comply with SOLARENERGY SYSTEM, UTILITY SCALE (SOLAR FARM) Any device or combination of devices or elements which rely upon direct sunlight as an energy source, including but not limited to any substance or device which collects sunlight for generating energy primarily for use off-site or for resale. Energy generated may be used to. serve on site power needs. This will typically be the primary use of aj property and generate more than 10kilowatts per hour (rated  the height regulations  10kW system)ofelecticiy.  Town of Sawmills htp/www.townofsawmills.com  4076 US Highway 321-A * Sawmills NC * (828)396-7903 *(828)396-8955 fax  The Town of Sawmills does not discriminate on the basis of age, sex, race, religion, national origin, disabitity, political affiliation, or marital status.    : :  To be added to the table of uses:  Use  R-20 RA-20 R-15 O/I NB HB GM SR  Solar Energy System, Small Solar energy System, Utility Scale  P P  P  P P  P P P P  153.082 153.082  CU CU CU P P  New chapter to be added to the Zoning Ordinance: 153.082 Solar Energy Systems Utility Scale  Utility Scale Solar Energy Systems are permitted in business districts by right and are permitted in residential districts by Conditional Use. In both cases the following conditions 1.Utility Scale Solar Energy Systems in Business districts shall meet all setback, parking, and 2. Utility Scale Solar Energy Systems located in residential districts must meet all setback, parking, and buffer requirements for the General Manufacturing (GM) District 3. Solar power collection and electrical generation structures shall not exceed 25 feet in height. 4.. All equipment shall be located and situated SO glare is not to interfere with traffic on public 5.All components ofa Utility Scale Solar Energy System must meet all applicable Building, 6. Utility Scale Solar Energy Systems shall be designed to blend into the architecture ofthe 3 7.Solar Energy Systems that exceed the 10kW threshold but will be used in conjunction with  must be met:  buffer requirements for that district  streets or highways or the reasonable use ofresidential property.  Electriçal and Safety codes.  neighboring buildings and landscape or be screened from view.. an existing, lawful use on the same property, are allowed, provided that: or highways or the reasonable use ofneighboring property; devices shall comply with the District height regulations; screened from view from neighboring property or public streets;  a) They are. located and situated sO glare is not to interfere with traffic on public streets b) Roof mounted systems shall not extend more than 10 feet from the top of the roof; c) The total height of the building including the solar çollection and power generation d) Ground-mounted systems shall not be located in any required front yard and shall be 9. In the event. a solar farm ceases operation as an ongoing business entity, the site must be restored to its former state of development. A plan for decommissioning shall be filed with the City; a fine of up to $50.00 per day may be assessed ifa a plan is not filed with the City and a site is not longer in service. A fine of up to $50.00 per day may be assessed each day that the  site is not restored beyond the approved deadline for final removal.    AGENDA ITEM 9B  MEMO DATE: SUBJECT:  April 11,2013 Planning Matters: Appointment to the Board of Adjustment  Discussion:  The term of appointment for Board of Adjustment member Todd Hess expires in Town Clerk Susan Nagle has contacted Mr. Hess and he has given consent to serve There are currently no applications on file to serve on this board. Mayor Gibbs would like Council to make any recommendations they might have for this  May. This appointment serves for a term ofone-year.  another term.  appointment.  Recommendation:  Staff recommends Council discuss this matter and decide whom they wish to  appoint to serve for a one-year term on the Board of Adjustment.    AGENDA ITEM 10  MEMO DATE: SUBJECT:  April 11, 2013 Discussion: Landscaping  Doe Run Subdivision  Discussion:  The Town has removed the Bradford Pear trees from the medians located in the Doe Run subdivision on a recommendation made by the Town's engineer. West Consultants conducted a test, which showed the root systems were prematurely destroying the pavement at multiple locations. If, the trees were not removed, over time the roads would have to be resurfaced at the taxpayers During the Budget Retreat in 2012, Council made a decision to set aside money for  expense.  future landscaping replacement.  Recommendation:  Staff recommends Council discuss this matter and decide what they would like to  plant back in those medians.