Agenda Sawmills Town Hall Tuesday, November 19,2013 6:00 pm  Regular Meeting oft the Sawmills Town Council  1. Call' To Order 2. Invocation 3. Pledge of Allegiance 4. Adopt Agenda  Mayor Bob Gibbs Pastor. John Greene Girl Scout Troop 10147 Mayor Bob Gibbs Mayor Bob Gibbs 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 Mayor Bob Gibbs Administrator Seth Eckard Mayor Bob Gibbs Mayor Bob Gibbs Dean Ledbetter Bill Schreiber Administrator Seth Eckard Administrator Seth Eckard Administrator Seth Eckard Administrator Seth Eckard Administrator Seth Eckard Mayor Bob Gibbs  5. Approve October 15" Regular Meeting Minutes  6. Public Hearing: Amend Section 153.052 of the Code of Ordinances  A. Open Public Hearing B. StafrCommentsy/Reommendation C. Public Comment D. Close Public Hearing E. Council Action A. Open Public Hearing B. Staff omment/Pecommendnton Public Comment . Close Public Hearing Council Action 8. Public Comment 9. Recognitions:  7. Public Hearing: Amend. Section 153.130 of the Code of Ordinances  A. Recycle Rewards Winner B. Yard oft thel Month Winners Girl Scout Troop 10147 A. NC Department ofTransportation B. Granite Falls Middle School  10. Updates:  11. Planning Matters: Alternate Planning Board Member Appointment 12. Discussion: Proclamation in Support of Caldwell County Business  Expose' Month 13. Financial Matters:  A. Utility Fund Budget Amendment B. Employee Longevity Pay  C. Request for al Donation to Shriners Hospital forChildren  14. Public Comment 15. Updates:  A. Community Development Block Grant Update and Monthly Status Report Administrator Seth Eckard  B. Community Development Block Grant Sewer Project Update  Administrator Seth Eckard Administrator Seth Eckard Administrator Seth Eckard Mayor Bob Gibbs Mayor Bob Gibbs  C. Code Enforcement Monthly Report D. Administrator's Report E. Council Comment  16. Adjourn    Page 1 of5  TUESDAY,OCTOBER 15, 2013  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 PM  COUNCIL PRESENT Bob Gibbs Donnie Potter Joe Wesson Jeff Wilson Johnny Wilson  STAFF PRESENT Seth Eckard Susan Nagle Terry, Taylor  COUNCIL ABSENT. Trena McRary Kirby  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 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 APPROVE SEPTEMBER 17, 2013 REGULAR MEETING MINUTES: Mayor Gibbs asked for a motion to approve the September 17, 2013 regular meeting minutes. Joe Wesson made a motion, and Donnie Potter seconded, to approve the minutes. All were PUBLIC HEARING: REZONING REQUEST ON GILLILAND LANE: Mayor Bob Gibbs cancelled the public hearing stating the applicant has withdrawn the rezoning request. PUBLIC COMMENT: Mayor Gibbs asked if anyone wished to speak during public  favor.  inf favor.  :.  comment.  No one wished to speak.    October 15,2013 Page 2 of5  : :ii  UPDATES:  SAWMILLS FARMERS MARKET: Brittany Crump, Treasurer thanked the Council and Miss Crump stated the Farmers Market received grant money this year which was used to help advertise and make it possible for them to accept SNAP, and EBT payments.  Mayor for their support, stating this year was very successful.  No Council action was required.  ::  COLLECTION SITE FOR DEBRIS RESULTING FROM A NATURAL DISASTER: Administrator Eckard stated that a representative from the state will meet him hére on November 7, 2013 to look at Sawmills Municipal Park as a possible collection site for  debris resulting from ai natural disaster. No Council action was required. RECOGNITIONS:  : 1  RECYCLE REWARDS WINNER: Town Administrator Seth Eckard announced Clement Dellinger as the October Recycle Rewards winner. A credito oftwenty-eight dollars ($28.00) will be added to Mr. Dellinger's sanitation bill and his certificate will be available at the  Town Hall for pick up. No Council action was required.  1A  A1:  YARD OF THE MONTH WINNERS: Mayor Bob Gibbs announced Rebecca and Adam Johnson, from the 28630 zip code, and Mark and Angie Wilson, from the 28638 zip code, as the September yard of the month winnérs. Mayor Gibbs presented Mr. and Mrs. Johnson with their certificate and stated that Mr. and Mrs. Wilson's certificate would be available at  the Town Hall for pick up. No Counicil action was required. PLANNING MATTERS:  TOWN PLANNER APPOINTMENTS: Administrator Eckard stated that Town Planner Elinor Hiltz will need to be appointed as the Zoning Enforcement Officer, Housing Inspector, Watershed Administrator and Review Officer for the Town. Administrator Eckard also stated he will remain the alternate, and previous Planner Johnny Wear will need Joe Wesson made a motion, and Donnie Potter seconded, to appoint Planner Hiltz as the Zoning Enforcement Officer, Housing Inspector, Watershed Administrator and Review Officer for the Town and to remove previous Planner Wear as the Review Officer. All were  to be removed as the Review Officer.  in favor.    October 15,2013 Page 3of5  CALL A. PUBLIC HEARING TO. ADOPT A TEXT AMENDMENT TO SECTION 153.052 OF THE CODE OF ORDINANCES: Administrator Eckard stated the Planning Board reviewed section 153.052 of the Code of Ordinances and recommends Council call for a public hearing. The proposed amendments changes column two under minimum lot size (sf) to read "with public water and without public sewer" and changes column two under minimum density (dwelling units per acre) to read "with public water and without public sewer" which will make the Code of Ordinances consistent with. the Town's Jeff Wilson made a motion, and Joe Wesson seconded, to call for a public. hearing on November. 19, 2013: at 6:00 pm at the. Sawmills Town Hall to discuss a text amendment to CALL A PUBLIC HEARING TO ADOPT A TEXT AMENDMENT TO SECTION 153.052 OF THE CODE OF ORDINANCES: Administrator Eckard stated the Planning Board reviewed section 153.130 of the Code of Ordinances and recommends Council call for a public hearing. The proposed amendment will increase the time limit on non- conforming use from 120 days to 365 days, which will make the Code of Ordinances Jeff Wilson made a' motion, and Joe Wesson seconded, to call for: a public hearing on November 19, 2013 at 6:00 pm at the Sawmills Town Hall to discuss a text amendment to  "Comprehensive Land Use Plan."  section 153.052 ofthe Code of Ordinances. All were in favor.  consistent with the Town's Comprehensive Land Use Plan."  section 153.130 of the Code of Ordinances. All were in favor.  3:.   FINANCIAL MATTERS:  BUDGET ORDINANCE AMENDMENT: Town Administrator Eckard stated the enclosed Budget Ordinance Amendment is to transfer funds from the Capital Reserve to the General Fund in the amount of sixty thousand dollars ($60,000.00) for the 2013-2014 fiscal Joe Wesson made a motion, and Donnie Potter seconded, to adopt a Budget Ordinance Amendment in the amount of sixty thousand dollars ($60,000.00) for the 2013-2014 fiscal  year. The. monies will be expended on the new refuse truck.: :  year. All were in favor.  APPROVE ENGINEERING SERVICES FOR THE COMMUNITY DEVELOPMENT BEOCK GRANT DUFF DRIVE AREA SEWER PROJECT: Administrator Eckard. stated the enclosed contract with West Consultants, PLLC for engineering services is for the Duff Drive area Sanitary Sewer Community Development Donnie Potter made a motion, and seconded Joe Wesson, to approve the contract for engineering services with West Consultants, PLLC as they meet the needs for this project.  Block Grant Project.  All were ini favor.    October 15, 2013 Page 4of5  PUBLIC COMMENT: Mayor Gibbs asked if anyone wished to speak during' public Gerelene Blevins spoke regarding the text amendment to section 153.130 of the Town's  comment.  CodeofOrdinances. UPDATES:  COMMUNITY DEVELOPMENT BLOCK GRANT PRO.JECT UPDATE AND MONTHLY STATUS REPORT: Administrator Eckard stated Nancy Coley, Project Administrator with the Western Piedmont Council of Governments has enclosed an update The enclosed monthly status reports for the Community Development Block Grant (CDBG)  on The Haystation, LLC.  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, Program Administrator with the Western Piedmont. Council of Governments has enclosed an update on the Community CODE ENFORCEMENT MONTHLY REPORT: Administrator Eckard stated the enclosed report shows an update of the progress made throughout the Town by Planner  Development Block Grant Sewer: Project.  Elinor Hiltz.  No Council action was required.  ADMINISTRATORS REPORT: Administrator Eckard made the following  announcements:  The Sawmills Farmers Market is still open every Tuesday from 3:00 pm - 7:00 pm  until October 29th.  The Town is taking bids until October 24th until 2:00 pm for the surplus of the. old  white Chevy S-10. So far, the Town has received. three bids..  ::  The Southern Caldwell Historical Showcase will be held this Saturday, October 19th at 6:00 pm at Mt. Zion Baptist Church in the Fellowship Hall. Tickets may. be purchased by. contacting Administrator Eckard or the Caldwell County Heritage  Museum in Lenoir.    October 15,2013 Page 5of5  The Town has been working with the NC Department of Transportation on a drainage problem in front of April Drive on Sawmills School Road. The district engineer has evaluated the circumstances during the last rain and stated they  would fix the problem within the next three weeks. Election Dayi is held on Tuesday, November 5th.  Ham Day at Sawmills Volunteer Fire & Rescue will be held Saturday, November 2nd. The Annual Veterans Day Observance Ceremony will be held on Saturday,  November gth at 10:30 am.  The Annual Christmas Tree Lighting Ceremony will be held on Tuesday, December  3"at6:30 pm.  The Sawmills Christmas Parade will be held on Saturday, December 7th. Line-up  starts at 9:30 am and parade starts at 10:00 am.  The employee Christmas party will be held on Friday, December 13th at the pond on  Wilson's Farm.  The Town has release of funds for engineering services for West Consultants, LLC on the Community Development Block Grant Sewer Project. Surveying has begun and the next step will be to obtain easements from all the appropriate property  owners.  Jerry Church, Town Manager in Granite Falls and myself, has been invited to ASU Wednesday, October 16th to speak to a class about being a Town Manager.  COUNCIL COMMENT: Mayor Gibbs asked if anyone on the Council wished to speak.  No one wished to speak.  ADJOURN: Mayor Gibbs asked for a motion to adjourn.  Donnie Potter made a motion, and Jeff Wilson seconded, to adjourn the meeting. All were  inf favor.  Susan Nagle, Town Clerk  Bob Gibbs, Mayor    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  CORPORATED  AGENDA ITEM 6  PUBLIC HEARING Nov 19,2013 6:00 PM  PLANNER'S STAFF REPORT  MINIMUM LOT SIZE TABLE AMENDMENT  Status  The Planning Board recommended approval of this amendment on October 1, 2013. The Call for Public Hearing was held on October 15, 2013 and the town has not received comments  from any citizens sinçe the public hearing was advertised.  Proposal  The Planning Board recommended changing the table in Section 153.052 to read as such in the third and sixth columns: "With public water, without public sewer". As currently written those columns say "without public water", meaning that a lot without public water has to be bigger. However, septic systems dictate lot size more than wells do. Between a house on sewer and well and a house on septic and public water, which needs the bigger lot? The house with the septic system needs a bigger lot-to accommodate the tank, drain field, and repair area. The way the ordinance reads now, Sawmills could inadvertently punish residents even though they have public sewer. The ordinance was probably meant to target those without sewer-not the few (2 percent oftown residents) without water (Comprehensive Land Use Plan 2004). Staff recommends amending the ordinance, because the Comprehensive Future Land Use Plan says that denser development should occur where infrastructure like public sewer is available.  Consistency with Comprehensive Plan:  Conversely, development should be less dense on areas served by septic.  Action Needed:  To APPROVE: "Motion to approve, because the text amendment is consistent with the To DENY: "Motion to deny, because the proposed text amendment is not consistent with the  town's comprehensive land use plan". town's comprehensive land use plan." To' TABLE: "Motion to table."    MAYOR. Bob Gibbs TOWN ADMINISTRATOR Seth Eckard TOWN PLANNER Elinor Hiltz 5:. do: T  PLANNING BOARD Steve Duncan, Chairman Buford Pennell David Powell Thad Hall Clyde Miller  540 33,33 shht K: AGENDA ITEM7   OFSAIIN  CORPORATED 30040 Ls Sb3 ,A A  *  354.39021 Pryyps ss, 4 0 :: 3i sw.  6..4   PUBLICHEARING Nov19,2013  443X.XXXXA  IS ns AEAVS spsler 6:00 PM AIaR 71317 9394 XA 880E4. 325. ew.e.X - PP5SIL  5 3ah N AA#  AATPAXT 3AMe  PLANNER'S: STAFF REPORT  M.2 w5X,82y7XX X.403A397 hibrsa  TIME LIMIT ON NONCONFORMITIES AMENDMENT  Status  The Planning Board recommended approval of this amendment on October 1, 2013. The Call for Public Hearing was held on October 15, 2013 and the town has not received comments  from any citizens since the public hearing was advertised.  Proposal  The current ordinance reads "Tanonconforming: use is discontinued for a çontinuous period of more than 120 days, any future use of the land or building shall be in conformity with the provisions of this chapter" ($153.130, (5)). This subsection pertains to vacant noncontorming buildings and nonconforming mobile homes that are removed (presumably to be upgraded). The Planning Board recommends increasing this time limit to 365 days, or one year, to allow prospective tenants more time to secure. loans in this difficult economic climate. Damaged nonconforming buildings-such as burned-out mobile homes-fall under a different suDsection-9153.130, (4). The Planning Board also wanted to allow 365 days, or one year, for damaged or burnt buildings to rebuild, giving them the same length of time as other  nonconforming buildings.  *Suggested Amendments in Red, seggested-deletensinstike-threwgh  $153.130  -Amensembomingusefwyalinetacaiesseiekcewling wofisrepoausien-aeffonsy-askeplesonyewtgue. wat,te-erastefGeFCaeahalediseninsad,emasmehbulidimgersinetureshal-hereaerbe sedeny-R-eemphanee-wihteprovsienseHtmedistHeHR-wAehiehitis-leeated: (5)(4) Ifan noncontorming use is discontinued for a continuous period of more than 120-days; 365 days, any future use of the land or building shall be in conformity with the provisions of this chapter. A building or structure which is damaged by fire, flood, explosion, earthquake, war, riot, or act ofGod must continue the nonconforming use within 365 days of the start date of the discontinuance, or any future use shall be in conformity with the provisions of-this  chapter.    :  Consistency with Comprehensive Plan:  The comprehensive plan implies that at the time it was written (in 2005) the town meant to eliminate, little by, little, mobile homes in incompatiblé zoning districts and residences in. commercial districts, (p14 policy 1.4, p15 policy 1.9, and "misaligned manufactured housing" and "misaligned residéntial development" map). The comprehensive plan perhaps would not support giving nonconforming uses longer grace periods to rebuild, although it is not explicit, but the Planning Board asked staff to change the ordinance and staff supports that notion. Sawmills should find a new town-wide consensus on mobile homes and nonconformities beçause the comprehensive plan does not reflect the current philosophy of the town boards and  presumably. the people. Action Needed:  To APPROVE: "Motion to approve, although the amendment is not consistent with the To DENY: "Motion to deny, because the amendment is not consistent with the town's  town'scomprehensive land use plan". comprehensive land use plan." To TABLE: "Motion to table."  .. : 2.11. 55  : :  : :: R, : : X.71777. : 1  :  ::  :   X.XXX : -  : .  : : : : : : :. . :  : : : A2 :: 35  : :  : : :  3. .4777 : :   :  :: -  -  :  : :  : : : - :  5  : 3 :  -    : : :    AGENDA ITEM 9A  MEMO DATE: SUBJECT:  November 15, 2013 Recognition: Recycle Rewards Winner  Discussion:  Thomas Skinner is the Recycle Rewards winner for November. Town Administrator Seth Eckard will present Mr. Skinner with a certificate of appreciation and a twenty-eight dollar ($28.00) credit will be added to his current  sanitation bill.  Recommendation: No Council action required.    AGENDA ITEM 9B  MEMO DATE: SUBJECT:  November 15 2013 Recognition: Yardofthe Month Winners  Discussion:  Stephen and Kendra Winkler, from the 28630 zip code, and Judy Hart, from the 28638 zip code, are the Yard of the Month winners for November. Mayor Bob  Gibbs will present them with a certificate of appreciation.  Recommendation: No Council action required.    AGENDA ITEM9C  MEMO DATE: SUBJECT:  November 15 2013  Recognition:  Girl Scout Troop 10147  Discussion:  On October 5, 2013 girls from Girl Scout Troop 10147 participated in the "Big Sweep" supported by the Soil and Water Conservation of Caldwell County. The girls cleaned up around 10 bags of trash and picked up debris at the Sawmills Veterans Park. Mayor Bob Gibbs will present them with a certificate of  appreciation.  Recommendation: No Council action required.    AGENDA ITEM 10A  MEMO DATE: SUBJECT:  November 15 2013 Updates: NC Department of Transportation  Discussion:  Dean Ledbetter, PE Division Senior Planning Engineer, with the NC Department of Transportation, will be on hand to brief Council on a new process the NC  Department ofTransportation has implemented.  Recommendation: No Council action required.    AGENDA ITEM 10B  MEMO DATE: SUBJECT:  November 152013 Granite Falls Middle  Updates: School  Discussion:  Bill Schreiber, Principal of Granite Falls Middle School, will be on hand to update  Council on how the school year has been going.  Recommendation: No Council action required.    AGENDA ITEM: 11  MEMO DATE: SUBJECT:  November 15 2013 Planning Matters: Alternate Planning Board Member Appointment  Discussion:  The term of appointment for alternate Planning Board Member Martha Ann Warren expires in November. This position serves for a two-year term. Town Clerk Susan Nagle has contacted Miss Warren and she is willing to serve for Currently, there are no applications on file to serve on this board. Applications are available at the Town Hall for anyone who wishes to serve on a board or  another term.  committee.  Recommendation:  Staff recommends Council re-appoint Miss Warren as an alternate Planning Board  member for a term oftwo-years.    AGENDA ITEM 12  MEMO DATE: SUBJECT:  November 15. 2013  Discussion:  Proclamation in Support OfCaldwell County Business Expose' Month  Discussion:  The Caldwell Chamber of Commerce has invited all municipalities in Caldwell County to join them in officially proclaiming November 2013 as Business Expose'  Month.  Recommendation:  Staff recommends Council approve the enclosed Proclamation in Support of  Caldwell County Business Expose' Month.    BUDGET AMENDMENT TOWN OF SAWMILLS Utility Fund  BEIT ORDAINED by the Town Council ofthe Town of Sawmills, Caldwell County, North Carolina, that the following amendment to the Budget Ordinance for the fiscal year 2013-2014 be hereby  adopted.  NOW, THEREFORE, BE IT RESOLVED, that the following amendment for the fiscal year be  made to the budget for the fiscal year ended June 30, 2014  Fund/Department Utility Fund - Water Utility Fund- - Water  Account Number Line Item 2-80-3799 2-80-4153  Increase $9,738 $9,738  Automated Solutions revenue Automated Solutions expense  Explanation: Torecognize revenue and expenditures line items for Automated. Solutions and the Rural Center Grant clawback provision. The Town of fSawmills will pay the Rural Center six monthly  payments of81,623 once payment has been receivedfrom Automated Solutions.  This Amendment now adopted this the 19th day ofNovember, 2013.  Mayor, Town of Sawmills APPROVED BY:  Finance Officer, Town of Sawmills  ATTEST: Town Clerk  APPROVED TO FORM: Town Attorney 196457-1    AGENDA ITEM 13B  MEMO DATE: SUBJECT:  November 15 2013 Financial Matters: EmployeeLongevity Pay  Discussion:  As you are aware, the Town of Sawmills has an employee longevity pay plan that  is paid out during the first pay period in December.  The pay schedule is as follows:  26 and up years 21-25 years 16-20 years 10-15 years 6-9 years 2-5 years 7 months-1 year Omonths-6 months  $900.00 $750.00 $600.00 $450.00 $300.00 $150.00 $50.00 $0.00  There are sufficient funds in the budget to cover this expenditure.  Recommendation:  Staff recommends Council approve the issuance of longevity paychecks to Town  employees paid out the first pay period in December.    AGENDA ITEM 13C  MEMO DATE: SUBJECT:  November 15 2013 Financial Matters: Request for a Donation To Shriners Hospital For Children  Discussion:  The town has received a request from the Shriners Hospital for Children in the  amount of$150.00.  There are sufficient funds in the budget to cover this expenditure.  Recommendation: proceed on this matter.  Staff recommends Council discuss this request and decide how they wish to    AGENDA ITEM 15A  MEMO DATE: SUBJECT:  November 15 2013  Updates:  Community Development Block Grant Update and Monthly Status Report  Discussion:  Nancy Coley, Program Administrator with the Western Piedmont council of The attached report shows that all the requirements for the Community Development Block Grant on BehalfofThe Haystation, LLC are on schedule.  governments attached a project update.  Recommendation: No Council action required.    AGENDA ITEM 15B  MEMO DATE: SUBJECT:  November 15 2013  Updates:  Community Development Block Grant Sewer Project Update  Discussion:  Lisa Helton, Program Administrator with the Western Piedmont Council of Governments has attached an update on the Community Development Block Grant  DuffDrive Area Sewer Project.  Recommendation: No Council action required.    AGENDA ITEM 15C  MEMO DATE: SUBJECT:  November 15 2013 Updates: Code Enforcement Monthly Report  Discussion:  The attached report shows the progress that Planner Elinor Hiltz Continues to  make throughout the town.  Recommendation: No Council action required.