AGENDA Sawmills Town Hall Tuesday, September 20, 2011 6:00 P.M.  Regular Meeting oft the Sawmills Town Council  1. 2. 3. 4. 5. 6.  Call To Order Invocation Pledge of Allegiance Adopt. Agenda  Mayor Bob Gibbs Pastor Josh Benge Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs  Approval of August 16th Regular Meeting Minutes  Recognitions:  A. Yard ofthe Month Winners B. Recycle Rewards Winner Financial Matters:  Gerelene Blevins Beverly Fry Mayor Gibbs Mayor Bob Gibbs Mayor Bob Gibbs Emily Hines Emily Hines Emily Hines Emily Hines Mayor Bob Gibbs. Karen Clontz Mayor Bob Gibbs Mayor Bob Gibbs  7.  A. Bid Award for Storm Drainage Improvements on Bucks Drive  B.NC Department of Corrections Contract A. Resignation of Planning Commission Member B. Request for Approval ofa Minor Subdivision C.J Request for a Conditional Use Permit D. Request for a Conditional Use Permit A. Code Enforcement Monthly Report B.. Administrators Report Public Comment Adjourn  8.  Planning Matters::  9.  Updates:  10. 11.    Page 1 of9  TUESDAY, AUGUST 16, 2011  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 P.M.  COUNCIL PRESENT Bob Gibbs Gerelene Blevins Bèverly Fry Joe Norman Donnie Potter Joe Wesson  STAFF PRESENT Seth Eckard Susan Nagle Terry Taylor  CALLTO ORDER: Mayor Bob Gibbs called the meeting to order. INVOCATION: Mayor Bob Gibbs gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Gibbs led the Pledge of Allegiance. ADOPT AGENDA: Mayor Gibbs asked for a motion to adopt the agenda with the following changes: change line item 6. A-E to line item 7A-E, line item 7 A-E to line Ona motion made by Joe Norman, and seconded by Joe Wesson, the agenda was adopted APPROVAL OF JULY 19th REGULAR MEETING MINUTES: Mayor Gibbs asked On a motion made by Joe Wesson, and seconded by Donnie Potter, the minutes were APPROVAL OF JULY 19th CLOSED SESSION MEETING MINUTES: Mayor Gibbs asked for a motion to approve the July 19,2011 closed session meeting minutes. Ona a motion made by Gerelene Blevins, and seconded by Joe Norman, the minutes were  item 8 A-E, and line item 8 A-D to line item 6. A-D  with changes. All were in favor.  forar motion to approve the July 19,2011 regular meeting minutes.  approved. All were in favor.  approved. All were in favor.  APPROVAL OF JULY 28h SPECIAL MEETING MINUTES: Mayor Gibbs asked On- a motion made by Beverly Fry, and seconded by Joe Wesson, the minutes were  for a motion to approve the July 28, 2011 special meeting minutes.  approved. All were in favor.    August16, 2011 Page 20 of9  RECOGNITIONS:  SAWMILLS COMMUNITY OPTIMIST BABE RUTH 14 YEAR OLD ALL-STAR TEAM: Mayor Gibbs stated that the 14 year old youth all-stars are the State Champions for Western North Carolina and they had to go out and raise funds SO that the team could travel to Greenville, North Carolina and represent Sawmills in the tournament. Mayor Gibbs also stated the Town is proud of this team and would like to say "Thank you" by presenting them with a plaque and the winning banner, which will hang on the outfield fence at the Sawmills Baird Drive Park showing that they are State Champions  for Western North Carolina. No Council action is required.  RETIREMENT OF SOUTH CALDWELL CHRISTIA MINISTRIES DIRECTOR: Mayor Gibbs stated that after thirty (30) years as the Director of South Caldwell Christian Ministries, Becky Barlow retired on Thursday, August 11, 2011. presented Ms. Barlow with a certificate of appreciation and a gift card. Mayor Gibbs also stated that the Town of Sawmills would like to say "Thank you for all that you have done for our county and the help you have given to many people who were ini need.  Mayor Gibbs  No Council action is required.  YARD OF THE MONTH WINNERS: Mayor Pro-Tem Gerelene Blevins stated that Carroll and Wilma Coffey from the 28630 zip code was the yard of the month winners and Councilwoman Beverly Fry stated Marty Greene from the 28638 zip code was the yard of the month winner for August. Mayor Bob Gibbs stated that both winners are unable to be here tonight but may pick up their picture and certificate at the Town Hall at  their convenience. No Council action is required.  RECYCLE REWARDS PROGRAM WINNER: Administrator Seth Eckard stated this is the third month for the Recycle Rewards Program and he would like to congratulate the Jason & Jennifer Lail family on winning the Recycle Rewards Program for August. Administrator Eckard stated they are unable to be here tonight but may pick up their certificate at the Town Hall at their convenience and they will receive a credit of twenty-  five dollars ($25.00) on their current sanitation bill.  No Council action is required.    August16, 2011 Page 30 of9  PUBLIC HEARING: TEXT AMENDMENT CHANGE TO THE CODE OF OPEN PUBLIC HEARING: Mayor Gibbs asked for a motion to open the public On a motion made by Joe Wesson, and seconded by Donnie Potter, the public hearing STAFF RECOMMENDATION: Town Planner Emily Hines stated the Planning Commission would recommend the Council amend sections 153.005, 153.051(A) and (D), 153.052 (A) and (D), and 153.053(A) and (D) of the Town of Sawmills Code of Ordinances for the provisions on the location of accessory buildings. Planner Hines also stated the proposed amendment would allow swimming pools and accessory buildings in the side and front yard if there is over two acres of land and is at least seventy-five feet PUBLIC COMMENTS: Mayor Gibbs asked if there was anyone wishing to speak. Johnny Wilson asked how this compares to what the County does. Mike Harrison asked ifthe Board passes this and something is not exactly right, how would it affect the Town. CLOSE PUBLIC HEARING: Mayor Gibbs asked for a motion to close the public Onar motion made by Joe Norman, and seconded by Joe Wesson, the public hearing was COUNCIL ACTION: On a motion made by Joe Norman, and seconded by Joe Wesson, an ordinance to amend the text of the Sawmills Code of Ordinances sections 153.005, 153.051(A) and (D), 153.052 (A) and (D), and 153.053(A) and (D) was adopted. All PUBLIC HEARING: ADDITION TOTHE CODE OF ORDINANCES:  ORDINANCES: hearing at 6:15p.m.  was opened. All were in favor.  from the road way.  hearing at 6:19 p.m. closed. All were in favor.  were in favor.  OPEN PUBLIC HEARING: Mayor Gibbs asked for a motion to open the public On a motion made by Donnie Potter, and seconded by Beverly Fry, the public hearing STAFF RECOMMENDATION: Town Planner Emily Hines stated the Planning Commission would recommend the Council amend sections 153.005, 153.051(A) and (B), 153.052 (A) and (B), and 153.053(A) and (B) of the Town of Sawmills Code of Ordinances. This allows residential dwellings with certain standards and requires a conditional use permit as well, also adding the definition of an accessory dwelling.  hearing at 6:20p.m.  was opened. All were in favor.    August16, 2011 Page3c of9  PUBLIC HEARING: TEXT AMENDMENT CHANGE TO THE CODE OF OPEN PUBLIC HEARING: Mayor Gibbs asked for a motion to open the public On a motion made by Joe Wesson, and seconded by Donnie Potter, the public hearing STAFF RECOMMENDATION: Town Planner Emily Hines stated the Planning Commission would recommend the Council amend sections 153.005, 153.051(A) and (D), 153.052 (A) and (D), and 153.053(A) and (D) of the Town of Sawmills Code of Ordinances for the provisions on the location of accessory buildings. Planner Hines also stated the proposed amendment would allow swimming pools and accessory buildings in the side and front yard if there is over two acres of land and is at least seventy-five feet PUBLIC COMMENTS: Mayor Gibbs asked if there was anyone wishing to speak. Johnny Wilson asked how this compares to what the County does. Mike Harrison asked ifthe Board passes this and something is not exactly right, how would it affect the Town. CLOSE PUBLIC HEARING: Mayor Gibbs asked for a motion to close the public Ona a motion made by Joe Norman, and seconded by Joe Wesson, the public hearing was COUNCIL ACTION: On a motion made by Joe Norman, and seconded by Joe Wesson, an ordinance to amend the text of the Sawmills Code of Ordinances sections 153.005, 153.051(A) and (D), 153.052 (A) and (D), and 153.053(A) and (D) was adopted. All PUBLIC HEARING: ADDITION TO THE CODE OF ORDINANCES:  ORDINANCES: hearing at 6:15p.m.  was opened. All were in favor.  from the road way.  hearing at 6:19 p.m. closed. All were in favor.  were in favor.  OPEN PUBLIC HEARING: Mayor Gibbs asked for a motion to open the public On a motion made by Donnie Potter, and seconded by Beverly Fry, the public hearing STAFF RECOMMENDATION: Town Planner Emily Hines stated the Planning Commission would recommend the Council amend sections 153.005, 153.051(A) and (B), 153.052 (A) and (B), and 153.053(A) and (B) of the Town of Sawmills Code of Ordinances. This allows residential dwellings with certain standards and requires a conditional use permit as well, also adding the definition of an accessory dwelling.  hearing at 6:20p.m.  was opened. All were in favor.    August16, 2011 Page 5of9  DONATION TO HELPING HANDS CLINIC, INC.: The Town has received a request from the Helping Hands Clinic, Inc. in the amount of $500.00 to help launch an Attorney Terry Taylor stated that this type of donation is not appropriate for the town. A DONATION TO FOOTHILLS SHRINERS CLUB: The Town has received a request Attorney Terry Taylor stated that this is not a Town purpose for the Town citizens and is Councilman Joe Wesson stated that the Rock Creek Coon Club has an online auction going on now and on August 27, 2011, the Foothills Shriners Club will host a BBQ and coonhound show/hunt at the Caldwell County fairgrounds. Council Wesson introduced Shane Snyder form the Foothills Shriners Club to speak on this matter as well. Mr. Snyder would like to see everyone come out and support the Rock Creek Coon Club and the Foothills Shriners Club in their efforts to raise money to benefit the children and also  evening clinic.  donation will not be given to the Helping Hands Clinic, Inc. for a donation of $100.00 from the Foothills Shriners Club.  not an allowable donation.  enjoy a dog show. FINANCIAL MATTERS:  CLOSED ACCOUNTS WITH PAST DUE BALANCES OPENED BY LANDLORDS: Administrator Eckard stated that a landlord may open up a new utility account in their name without a deposit even if there is an outstanding balance way overdue. Staff would recommend that landlords with an outstanding balance of over 90 This matter was tabled until the next regular Council meeting SO that Attorney Taylorand staff can do more research on what the Town may legally do in this situation. APPROVE CONTRACT WITH NCDOT: Administrator Eckard stated that upon approval of a contract between the Town of Sawmills and the North Carolina Department ofTransportation (NCDOT), re-imbursement from NCDOT to the Town would be made for the actual cost of labor and equipment used to mow the right of ways. Once the NCDOT Division of Engineer and the NCDOT Financial Management Division receives an itemized invoice within sixty (60) days of completing, the yearly mowing cycles and approved said invoice re-imbursement shall be made to the Town in an amount not to Ona a motion made by Joe Norman, and seconded by Donnie Potter, Council approved a contract between Town of Sawmills and NCDOT for a period of three (3) years effective  days be charged a deposit.  exceed $525.60 per re-imbursement cycle.  July1,2011. All were in favor.    August16, 2011 Page 6 of9  APPROVE CONTRACT WITH DISTINCTIVE HUMAN RESOURCES, INC.: Administrator Eckard stated upon approval of a contract with Distinctive Human Resources, Inc. in the amount of $500.00 and effective July 22, 2011, the Town will update the personnel policy handbook as this has not been done in several years. Administrator Eckard also stated all references have been verified and Distinctive Human Resources, Inc. has worked with other municipalities in North Carolina. On a motion made by Joe Norman, and seconded by Donnie Potter, a contract in the amount of $500.00 with Distinctive Human Resources, Inc. was approved. All were in BID AWARD FOR WATER DEPARTMENT SERVICE TRUCK: The town has received the following four (4) bids for a service truck for use by the Water Department.  favor.  Everett Chevrolet Buick GMC First Place Ford Paramount Ford Rooster Bush Chevrolet  $15,622.34 $14,042.01 $16,215.79 $16,405.41  Town Administrator Seth Eckard stated that First Place Ford was the low bidder on this project and there are sufficient funds in the budget, to cover this expenditure. On a motion made by Donnie Potter, and seconded by Gerelene Blevins, Council awarded the bid to First Place Ford in the amount of$14,042.01. All were in favor. APPROVE GATEWAY SIGNS: Mayor Gibbs stated that during the last meeting Council discussed the proposed gateway signs, and reviewed an invoice from Assurance Signs in the amount of $5,680.66 for the design and installation of the gateway signs. Administrator Eckard stated that during the budget workshops the Town was given a cost estimate for the signs and posts in the amount of about $6,000.00. After discussion, it was decided through committee meetings, that the rockwork would be done first and the sign put in there instead of having the posts come with the signs. The estimated cost associated with the rockwork was in the amount of $1,700.00 and could be cheaper due to a donation of some rock. It will cost the Town an amount of $2,000.00 to have the After much discussion, Council awarded the bid to Assurance Sign in the amount of $5,680.66 on a motion made by Donnie Potter, and seconded by Joe Wesson. All were in  current signs safely removed and relocate one to each town park  favor.    August16, 2011 Page7of9  DISCUSSION:  ADOPT AMENDED SAWMILLS COMMUNITY OPTIMIST CLUB CONTRACT: Administrator Eckard stated the Sawmills Community Optimist Club has approved an amended contract and will take over the parks advertisement program. Administrator Eckard also stated, that due to a lease agreement the Town has with Duke Power, some of the money raised at the Veterans Memorial Park must be given back to the Town to cover overhead. The amended contract states the Optimist Club will remit five percent (5%) of the advertising revenue and a monthly report fifteen (15) days within the end of each month for all signage placed at the Veterans Memorial Park. On a motion made by Donnie Potter, and seconded by Joe Norman, Council adopted the amended contract with the Sawmills Community Optimist Club. All were in favor. ADOPT CALDWELL COUNTY FLOOD PLAIN DAMAGE ORDINANCE: Mr. Terry Foxx, with the National Flood Insurance Program, recently contacted the Town and stated that the number two (2) provision of the original Caldwell County Flood Plain Damage Resolution/agreement that the Town adopted On February 16, 2010, would need changed then re-adopted. Mr. Foxx stated that the Attorney General determined sometime ago that the words "any amendments thereto" connote "automatic adoption" and is not allowed in NC, thus requiring a change to state "is hereby adopted" and then On a motion made by Donnie Potter, and seconded by Beverly Fry, the Resolution/agrement for Caldwell County to administer the Town of Sawmills Flood RESIGNATION OF PLANNING COMMISSION MEMBER: Administrator Eckard stated that Planning Commission member Wesley Trivette has resigned leaving a vacant seat open, The two (2) members who serve as alternates have both given there consent to On a motion made by Gerelene Blevins, and seconded by Joe Norman, Council will appoint David Powell as the Planning Commission member. All were in favor. CODE ENFORCEMENT MONTHLY REPORT: The enclosed report shows the updated progress continuously made throughout the Town by Code Enforcement Officer  re-adoption oft the Kesolution/agremen.  Plain Damage Prevention Ordinance. All were in favor.  serve on the Planning Commission.  Tony Cline.  No Council action is required.    August16, 2011 Page 8 of9  TOWN HALL RENOVATIONS: Administrator Eckard stated that an amount of $5,000.00 was included in this year's budget for renovations to the front office. The renovations would include raising and moving back the front counter allowing for more Councilman Joe Norman would like to get cost estimates on what it would cost to make the Town Hall more handicap accessible and to propose more renovations to include but After discussion Council will continue with the renovations to the front office included in the budget but will table any further discussion on any other renovations until the budget PARKS AND RECREATION DIRECTOR UPDATE: Parks and Recreation Director Benny Townsend updated Council on the attached report showing the ball programs at both the Baird Drive Park and the Veterans Memorial Park that took place this summer. ADMINISTRATORS REPORT: Administrator Eckard would like to announce the Third Annual Fall Festival will take place Saturday, September 24, 2011 from 10:00 a.m. to 4:00 p.m. at the Baird Drive Park. Administrator Eckard stated there would be many new things there this year including food and craft vendors, and the addition of the Sawmills Community Optimist Club who will be holding a BBQ cook-off, and speaking Councilman Donnie Potter stated the contest cooker would sign up to cook and the culinary class from Caldwell Community College & Technical Institute will participate in the judging. Councilman Potter also stated all the proceeds rose in the event either would be given back to the Town monetarily for the Parks or would be used to upgrade the Mayor Gibbs stated that the Farmers Market is averaging five hundred (500) people a week. Mayor Gibbs has approached four (4) local churches, and they have stated the food banks are dwindling. Mayor Gibbs also stated that starting the second week in September the Farmers Market would hold a food drive every Tuesday with one church a week being there to collect non-perishables and any over abundance would go to South PUBLIC COMMENT: Mayor Gibbs asked if anyone signed up to speak during the David Powell stated that a previous Town employee was back in the hospital.  space in the lobby and safer money handling.  not limited to a drive-thru window.  workshop sessions for the fiscal year 2012-2013 budget year  on this will be Councilman Donnie Potter.  parks.  Caldwell Christian Ministries. public comment period.    August16, 2011 Page 9of9  ADJOURN: Mayor Gibbs asked for a motion to adjourn.  On a motion made by Joe Wesson, and seconded by Gerelene Blevins, the meeting was  adjourned. All were in favor.  Susan Nagle, Town Clerk  Bob Gibbs, Mayor    AGENDA ITEM 6A  MEMO DATE: SUBJECT: Discussion:  September 13, 2011 Recognition: Yard of the Month  The Town of Sawmills would like to congratulate Joe and Annie Marler (28630 zip code) and Charles and Pat Holden (28638 zip code) on winning the Yard ofthe Month for September 2011. Mayor Pro-Tem Gerelene Blevins and Councilwoman Beverly Fry of the Town Beautification Committee will present the winners with a  certificate of appreciation.  Recommendation: No Council action is required.    AGENDA ITEM 6B  MEMO DATE: SUBJECT:  September 13, 2011  Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Michael and Tara Bradshaw on winning the Recycle Rewards Program for the month of September. Mayor Bob Gibbs will present them with a certificate of appreciation. A twenty-five dollar  ($25.00) credit will be added to the current sanitation bill.  Recommendation: No Council action is required.    AGENDA ITEM 7A  MEMO DATE: SUBJECT:  September 13, 2011 Financial Matters: Bid Award for Bucks Drive Storm Drainage  Discussion:  The Town has received six (6) bids for storm drainage improvements on Bucks  Drive.  The bids were as follows: Bennick Enterprises, LLC  $26,625.00 $29,538.78 $29,455.00 $31,750.00 $45,554.00 $52,606.00  Hilton, Inc.  Wilkie Construction Co. Midstate Contractors, Inc. Country Boy Landscaping, Inc. Kris Williams Grading, Inc.  There are sufficient funds in the budget to cover this expenditure.  Recommendation: Staffwould recommend Council award the bid to Bennick Enterprises, LLC in the amount of $26,625.00 as they are the low bidder.    WEST CONSULTANTSIG  405 South Sterling Street, Morganton NC 28655 828433 5661 / fax 828433 5662 / mlo@oskomsutanis.com  September 14,2011  Mr: Seth Eckard Town of Sawmills 4076 US Highway 321-A Granite Falls, NC 28613  RE: Storm Drainage Improvements for Bucks Drive  Bid Results Dear Seth:  On Wednesday, September 7,2011, bids were received and opened for the referenced project. Six bids were received. The bids have been reviewed and a summary is enclosed for the Town's use. The bid form and attachments were found to be in conformance with the bidding documents. The low bid was submitted by Bennick Enterprises, LLC ofNebo, North Carolina in the amount of $26,625 for the base bid. Ifthe Alternate Bid is chosen, then Bennick's bid will be $27,925. In consulting with the Public Works Director, we recommend selecting the base bid, which is for grass-lined channels. These channels will be matted but will not be immune to erosion. However, the Director felt it would be better to add some rip rap later, if needed, rather than start with full rip rap which can be unsightly and more difficult to maintain over the years. Irecommend that this project be awarded to Bennick Enterprises, LLCi in the amount of $26,625  for the base bid. Sincerely,  WEST CONSULTANIS,PLLC 376  PE  /kj Enclosures    SVA  BE  3s    AGENDA ITEM 7B  MEMO DATE: SUBJECT:  September 13,2011 Financial Matters: NC Department of Corrections Contract  Discussion:  The North Carolina Department ofCorrections (NCDOC) requests approval of the enclosed  contract ift the Town choses to utilize inmate labor.  Upon approval, this contract between the North Carolina Department of Corrections and the Town ofSawmills shall be effective starting August 31, 2011 and ending June 30, 2012. The contract in the amount of $438.00 covers the cost oft two (2). laborers at $1.00 per eight (8) hour work day. As stated in the contract, there are guidelines on what the inmate can or cannot do and The Town of Sawmills agrees all inmate project supervisors will receive the DOC Inmate Orientation Training. Project Supervisors, upon successful participation in Orientation Training, are designated as Custodial Agents. New employces will be scheduled to receive this orientation training prior to being allowed to supervise inmate projects without being accompanied by  lunch and transportation will be provided by NCDOC.  Correctional Officers.  Additional costs for the Town will be for Workman's Compensation Insurance for approximately  $1,300.00. This expenditure was not included in this year's budget.  Recommendation: Staffrecommends Council decide how they wish to proceed on this matter.    DC-251 (Revised April 2010)  Account Number  New Contract  Modified Contract  Renewal  Job CodeH01002-003  NC DEPARTMENT OF CORRECTION DIVISION OF PRISONS INMATE LABOR CONTRACT  FACILITY NAME ANDI NUMBER Caldwell Correctional Center #4625  DATE8 8/31/11  AGENCY NAME AND BILLING. ADDRESS Town of Sawmills, 476 US Hwy321-A Granite Falls.NC28630  Project Beginning Date: 08/31/11  Project Ending Date: 06/30/12  PROJECT DESCRIPTION: Duties will: include, but are not limited to, janitorial, grounds/building maintenance, cleaning park/recteation area maintenance, public works projects, roadside cleaning, recycling projects and other  governmental agency projects. PROJECT COST LABOR:  Number ofLaborers 2x $1.00 per 81 hour work day -2x219 Projected Number ofDays of Project =  $438.00Total Projected Labor Cost ADMINISTRATIVE:  Administrative Cost XWaived Not Waived  (Region Director Signature) Date  PROJECTTOTAL COST TO BE BILLED $438.00 ("Total Projected Labor cosT" plus" "Administrative COST" INVOICE TOI BE SUBMITTED: Monthly Quarterly Semi-annually XAnually  above)  Other (specify)_  APPROVED BY:  1. Governmental Agency authority  Date  2.F Facility Head  Date  3. Region Director  Date  4.1 Program Services Manager  Date  Form Distribution by Program Services: Original -Facility Copy -Program Services, Region Office, and Accounting  Page 1of7    DC-251 (Revised April 2010)  NORTH CAROLINA DEPARTMENT OF CORRECTION  DIVISION OF PRISONS INMATE LABOR AGREEMENT  DATE: 8/31/11  For the purpose of employing inmate labor from the Division of Prisons, the following terms are  agreed upon by the Division ofPrisons and theTown OfSawmills  476US Hwy 321A, Granite Falls NC28630.  I.  Logistics  A. Inmate labor will be supplied by Division of Prisons. All inmates assigned to labor contracts will be English speaking or have completed English as a second Transportation will be supplied by DOC. Work schedules will also be furnished D. Inmates may work eight (8) hours per day, seven (7) days per week. This will include travel time to and from the correctional facility. Schedules may be varied or staggered depending upon the assigned work station. Inmates may be authorized to work in excess of eight (8) hours per day, with the authorization of Division of Prisons. (Note: The agency will be billed $1.00 per 8 hour workday, even ift the inmate(s) work less than an eight (8). hour day.) No inmate will be allowed to work in an area that is not supervised by a Custodial No inmate will be allowed to work on school property, e.g., private or public elementary, middle or high schools, while students are on the property. No sex offender inmate will be assigned or allowed to work on the property of any educational facility, e.g., private or public elementary, middle, high school, G. The Division of] Prisons has zero-tolerance for undue familiarity or sexual abuse with an offender. It is the contract agency's duty to report any allegations of inmate sexual violence either by another inmate, correctional staff, correctional agents, agency vendors and/or volunteers. (see Section VIII below)  language training. by Town OfSawmills.  B. C.  Inmates will be provided lunch by Division of Prisons.  E. F.  Agent.  community college or university, etc.  II. Work Station/Duties  A. Work stations may be any property owned or leased by:Town of Sawmills. B. Inmates are allowed toj perform manual labor tasks such as the following:  1. Floor care duties including sweeping, mopping, vacuuming and buffing. Inmates are not allowed to operate motorized floor cleaning equipment 2. Furniture, fixtures, windows and cabinetry cleaning, dusting and/or polishing  designed to. transport the operator. that is done from the floor or a step ladder.  Page 2of7    DC-251 (Revised April 2010)  3. Custodial duties such as emptying trash cans, carrying out trash, restocking supplies ini restrooms, moving furniture, and setting up furniture. 4. Motor vehicle maintenance, washing and vacuuming which does not require the inmate to be on elevated surfaces more than four feet tall, without appropriate fall protection. Acceptable fall protection would include ladders, standard railings on working surfaces, properly erected scaffolding or a personal fall arrest system. Inmates are not allowed to operate motor vehicles for any reason and cannot be allowed. to have the keys) for operating a motor 5. Grounds care duties including litter pick up, grass mowing, weed eating, pruning, hedge trimming, leafblowing, raking, applying herbicides and pesticides, setting out and taking up small plants and bushes. Inmates must be trained by managers and supervisors in the safe operation ofany powered equipment. Inmates can be trained to operate riding mowers. All equipment must have manuyfacturer and OSHA required warning labels, safety guards and devices in good condition. Inmates applying herbicides and pesticides must be trained and closely supervised. by a duly licensed applicator responsible to insure the inmate follow regulations and safe work practices. Inmates must receive hazard communication training on all chemicals they work with. They must be provided with all necessary personal protective 6. Minor building maintenance duties including painting, caulking, clearing rain gutters and power washing that can be done from the ground, ladder, properly constructed and erected scaffolding or with an approved personal fall arrest 7. Right of way & drainage maintenance using bush axes & shovels. Inmate labor contract duties and tasks are expected to be for basic manual labor, such as those listed above, and normally utilizing manual tools such as shovels, brooms, mops, bush axes, etc. Inmates can be trained to use basic powered lawn care equipment, including riding mowers. This list of tasks is not exclusive of others but anything outside the scope of these types ofwork activities should be discussed with, and approved by, the correctional facility' 's management before Inmates are not allowed to perform hazardous duties such as the following: 1. Work with electric transmission utility line crews in any capacity. 2. Work within ten feet ofany unguarded, energized electrical transmission lines orl high voltage equipment, and/or within ten feet ofany conductive object involved in a task near unguarded, energized electrical transmission lines or 3. Enter any permit required confined space including but not limited to sewer manholes, lift stations, water tanks, chlorine contact chambers, utility vaults, 4. Disturb any suspected or confirmed asbestos containing materials including but not limited to thermal system insulation, vinyl floor tiles, flooring mastic,  vehicle for any reason.  equipment for the task they are performing.  system.  assigning the inmate to perform the proposed duties.  C.  high voltage equipment. salt bins, etc.  Page 3of7    DC-251 (Revised April 2010)  roofing, roofing felts, exterior shingle siding, acoustical ceiling tiles, fire proofing materials, solid wallboard (transite), cement water pipes, cement asbestos, sheetrock or fire doors. Typical work activities which would disturb suspected or confirmed asbestos containing materials are normally part of renovation or demolition projects which require removal or destruction of 5. Disturb any suspected or confirmed lead based paint by sanding, scraping, cutting, sawing, welding or power washing. Typical work activities which could disturb suspected or confirmed lead based paint are normally part of remodeling, renovation, repair, window case replacement, denapamhgempetiny work and preparing surfaces for painting. 7. Operate heavy equipment or aerial man lifts of any kind. Some examples of prohibited equipment are: tractors, bull dozers, back hoes, cranes, grade alis, road construction equipment, fork lifts, boom trucks, etc. (However, inmates are allowed to perform maintenance and repair work on this typeof 8. Perform any task that requires the use ofai respirator due to exceeding the 9. Work over or in water where a drowning hazard exists, without the appropriate protection, such as: standard railings, personal fall arrest systems, personal flotation devices, ring buoys and/or skiffs, as required by the OSHA 10. Work in trenches or excavations four feet deep or greater. 11. Work on or adjacent to public roads and highways without the proper Manual on Uniform Traffic Control Device (MUTCD) work zone safety set up utilizing the correct traffic control devices and high visibility vests, 13. Sit, stand or ride on any piece ofe equipment in a manner not consistent with the design of said vehicle or machinery while that equipment has its motor running or is moving. Examples of prohibited practices include, but are by no means limited to: standing on mower deck, riding in bucket ofa loader, riding This list oftasks is not exclusive of others that might be considered too hazardous for inmate labor contracts. Any tasks or duties similar to these or in question, in regards to personnel safety, should be addressed with the correctional facility's management before assigning the inmate to perform the proposed duties. Failure toj follow these guidelines may result in. suspension of this contract and the  existing materials, equipment or structures.  6. Perform or participate in sandblasting work.  equipment.)  contaminant's permissible exposure limits.  standards.  provided by Division ofPrisons. 12. Operate chain saws.  seated on a trailer hitch.  removal ofinmate labor.  III. Supervision  A. Town of Sawmills agrees all inmate project supervisors will receive the Department of Corrections Inmate Orientation Training. Project Supervisors, upon successful participation in Orientation Training, are designated as Custodial Agents. New employees will be scheduled to receive this orientation training  Page 4 of7    DC-251 (Revised April 2010)  prior to being allowed to supervise inmate projects without being accompanied by  Correctional Officers.  B.  1. Custodial Agent will be on-site at each workstation.  2. Each Custodial Agent will provide the inmate with a job description and will provide the Department ofCorrection with aj periodic inmate work performance evaluation ifrequested for classification purposes. 3. The Custodial Agents ofthei inmates working under labor contract will provide all safety training, appropriate to the hazards and duties of each task to be performed by the inmate, in accordance with OSHA regulations. This training will include the hazards associated with the task, the proper and safe use ofany equipment assigned for performing the work, thel hazards associated with any chemicals used in the work, the proper safe work. methods for performing the task and the correct use of any personal protective equipment needed toj perform the task. This training will be ongoing and documented by the managers and supervisors for the duration of the inmate labor contract. These training records will be made available upon request from any DOP or DOC facility, region or state official, and/or safety inspectors. The training documentation must be signed and dated by the inmate and manager/supervisor who conducted the training. 4. Work schedules will be provided by Town of Sawmills. 5. Custodial Agents will designate break areas and ensure that inmates are 6. Custodial Agents are to receive annual Orientation training. 7. Custodial Agents are to receive briefing in Undue Familiarity and Prison Rape Elimination Act (PREA) as part of Orientation training.  supervised during all breaks.  IV. Safety Equipment  A. The Division of Prisons will provide state issued steel-toed shoes. No inmate will B. Inmates are required to wear DOP issued high visibility vests where required by safety rules and regulations and/or by Division of Prisons manager's request. C. The town/county/DOT and State will furnish all other personal protective equipment needed according to the OSHA standards, other regulatory guidelines and hazard analyses of the task to be performed. All equipment to be used by inmates in the performance of their assigned tasks must meet all safety requirements for guarding, warning labels, condition and operation as required by D. The Custodial Agents of the town/county/DOT and State shall insure that all inmates utilize all required safety equipment and safe work procedures in the The town/county/DOT and State supervisors, who act as the Custodial Agents shall insure that all inmates have completed all required safety training in the use ofapproved equipment, hazards communication and the proper use of personal  be allowed to work without steel-toed shoes.  OSHA and the manufacturer.  performance of their assigned tasks.  E.  Page 5 of7    DC-251 (Revised April 2010)  protective equipment. All training has been documented and maintained on file  by the agency.  F.  Inmate injury due to failure to follow safety regulations and/or use required safety equipment may result in suspension ofthis contract and removal ofinmate labor.  V. Waiver and Billing Information  Iti is agreed that the North Carolina Department ofCorrection will waive administrative  cost, transportation and custody supervision cost.  VI. Medical  Whenever any inmate assigned to the State Department of Correction shall suffer accidental injury or accidental death arising out ofand in the course of employment, to which the inmate has been assigned, the provisions ofG.S. 97-13, shall apply. The governmental agency shall compensate the Department ofCorrection. The following procedures are to be followed when an inmate sustains an injury while on  work assignment for an agency:  1) Ifthe injury is serious or life threatening: the agency will contact EMS and have the injured inmate transported to the nearest medical facility. The agency must immediately notify the inmate's prison facility ofthe 2) Ifthe injury is non-serious or is non-life threatening: When the agency has trained first aid personnel on-site at the time the inmate is injured, theyr may provide the inmate first aid, and immediately notify the inmate's prison 3) Ifthe injury is non-serious ori is non-life threatening: and the agency does not have trained first aid personnel onsite to render first aid that may be needed, the agency is to transport the inmate to the nearest medical facility for treatment and immediately notify the inmate' 's prison facility of the incident. 4) Ifthe injury is non-serious or is non-life threatening: and the agency can not provide first aid or transportation to the nearest medical facility, the agency is toi immediately notify the inmate's prison facility to transport the inmate for  incident.  facility ofthe incident.  first aid.  When any inmate injury occurs on a labor contract project, whether first-aid and/or medical assistance is rendered, the agency is to provide the inmate's prison facility  written documentation of the incident as soon as possible.  VII. Inmate Conduct  Page 6of7    DC-251 (Revised April 2010)  Town of Sawmills reserves the right to refuse or return an inmate should safety, security or order is questionable and agrees to follow North Carolina Department ofCorrection rules and regulations as stipulated in the Supervisory Orientation Training session. Division ofPrisons will be the sole party responsible for issuing disciplinary action inmate employed by Town of Sawmills. Any misconduct will be reported immediately to Division ofPrisons facility superintendent. Either party with a 30-day notice may  against any  terminate the contract at any time.  VII. PREA  The Department of Correction has zero-tolerance for behavior with an offender that is unduly familiar or sexually abusive. Departmental staff, correctional agents, agency vendors and volunteers are strictly prohibited from engaging in personal dealings or any conduct ofas sexual nature with offenders. Conversation and conduct with offenders is to be professional at all times. Sexual acts between an offender and departmental staff, correctional agents, agency vendors and volunteers violates the federal Prison Rape Elimination Act of2003 (PREA) and is punishable as a Class E felony in North Carolina. Under North Carolina and federal law an offender CANNOT consent to engage in sexual activity with departmental staff, correctional agents, agency vendors and volunteers, and all such activity legally is against the will oft the offender- no matter what the offender says. Additionally, it is a criminal offense for any person to sell or give any inmate any intoxicating drink, barbiturate or stimulant drug, or any narcotic, poison or poisonous substance, except upon the prescription of a physician, or to convey to or from an inmate any letters or oral messages or any instrument or weapon by which to effect an escape, or that will aid in an assault ori insurrection, or to trade with an inmate for clothing or stolen "As a valued Correctional Agent of the Division ofl Prisons, it is important to remember that any knowledge of or a report of any incidents of unduly familiar and sexual abuse involving a labor contract inmate, you have a duty to report this information immediately to your contact person at the facility ofhousing for the inmate and/or to the office ofthe Division ofPrisons. You may also report the information to the Office of PREA Administration at prea@doc.statenc.us. By signing this contract you acknowledge that you understand and will abide by this policy as outlined above."  goods or to sell an inmate any article forbidden by prison rules.  Page7of7    AGENDA ITEM 8A  MEMO DATE: SUBJECT:  September13,2011 Planning Matters: Resignation ofl Planning Commission Member  Discussion:  Bobby Austin has resigned from the Planning Commission thus leaving a vacant seat which needs to be filled. Thad Hall currently serves as an alternate on the Planning Commission and has given consent to serve as a regular member for the  remaining term.  As you may recall, the Planning Commission consisted of five (5) members & two (2) alternate members. During the August Council Meeting David Powell was appointed to the Planning Commission leaving Thad Hall as the only alternate. If appointed at tonight's meeting there will no longer be an alternate serving on the Planning Commission and Council will need to decide ift they wish to appoint an  alternate.  Recommendation:  Staff would recommend Council decide ifthey wish to appoint Thad Hall as a regular Planning Commission member and also ift they wish to appoint an alternate.    AGENDA ITEM 8B  MEMO DATE: SUBJECT:  September 13,2011 Planning Matters: Request for Approval of al Minor Subdivision  Discussion:  The Town has received a request for a Minor Subdivision on a piece of property located at and owned by Ralph and Lantha Bryant. The Subdivision Review Board meti in Council Chambers on Monday September 12, 2011 to review this request. Town Planner Emily Hines has enclosed the attached staff report as well as a copy ofthe map showing the property in question. The Platt meets all requirements for zoning, subdivision, and watershed regulations as well as, meeting the required set back. Mr. and Mrs. Bryant have all certifications and notes required by the  Ordinance.  Recommendation:  The Subdivision Review Board would recommend Council approve this request  for a Minor Subdivision.    OF SALTN  COAPORATED 8  Town of Sawmills Staff Report September 12, 2011 TO: FROM:  September 20, 2011 Town Council Meeting  Mayor and Town Council Members Emily Hines, Town Planner  SUBJECT: Consideration ofal Minor Plat for Ralph L and Lantha O Bryant  A. Action Requested by Town Council  Motion to approve (approve with conditions) (deny) the 3 lot minor subdivision for Ralph Land Lantha o Bryant for property identified as 2755-52-3674 and 2755-52-4453  B. Required Votes to Pass Requested Action A majority vote is required to pass the requested action.  C.Background  Property Owner/Applicant:  Ralph L & Lantha 0 Bryant 1531 Dry Pond Road Granite Falls, NC28630 2755-52-3674 and 2755-52-4453  Property Parcel Numbers: Total Acreage: Proposed Number ofLots:  3.25 acres 3    Zoning District:  R-20  Water Supply Watershed District: WS-IV-Protected Area  D. Recommendation  The Subdivision Review Committee recommended in favor of the subdivision at their  meeting on September 12, 2011. D.A Attachments  1. Proposed Minor Subdivision Plat  2. Zoning Map  2    U    AGENDA ITEM 8C  MEMO DATE: SUBJECT:  September 13,2011 Planning Matters: Request for a Conditional Use Permit  Discussion:  The Town has received a request from Jack and Debbie Mason for a Conditional Use Permit for 3912 US Highway 321-A for a horse on 1.09 acres of pasture land This is an allowable use under the R-A 20 zoning Classification and enclosed is a staff report to recommend calling for a public hearing on this matter.  on a 10.89 acre parcel.  Recommendation:  Staff would recommend Council call for a public hearing at the next regular Town  Council meeting to be held October 18, 2011.    OFSAWIT  "CORPORAED  Town of Sawmills Staff Report September 9,2011 TO: FROM:  September 20, 2011 Town Council Meeting  Mayor and Town Council Emily Hines, Town Planner  SUBJECT: Consideration ofa Conditional Use Permit for a horse  A.A Action Requested by Town Council proposed Conditional Use Permit for a Horse B. Required Votes to Pass Requested Action A majority vote is required to pass the requested action.  Motion to set the Quasi-Judicial Public Hearing date of October 18, 2011 for the  C.B Background  Property Owner/Applicant:  Jack and Debbie Mason PO Box 267 Hudson, NC 28638 3912 US Highway 321 A 2766-67-1789 10.89 acres  Property Address: Property Parcel Number: Parcel Size:  1    Zoning District: Proposed Use:  RA-20 Horse  The Sawmills Zoning regulations require that to have horses in the RA-20 zoning district a Conditional Use Permit must be approved by the Town Council. The applicant is requesting approval for a horse on 1.09 acres of pasture land on a 10.89 acre parcel.  D.A Attachment Zoning Map  2        AGENDA ITEM 8D  MEMO DATE: SUBJECT:  September 13,2011 Planning Matters: Request fora Conditional Use Permit  Discussion:  The Town has received a request from STAT, Inc. for a Conditional Use Permit for wholesale storage hazardous waste site of gasoline and oil products, including The storage of gasoline and oil products, including bottled gas and oxygenyis an allowable use with a Conditional Use Permit and staff report recommends calling  bottled gas and oxygen on a 2.67 acre parcel zoned HB.  for a public hearing on this matter.  Recommendation:  Staffwould recommend Council call for a public hearing at the next regular Town  Council meeting to be held October 18, 2011.    OF SAVN  "COAPOBATED  Town of Sawmills Staff Report September 8, 2011 TO: FROM:  September 20, 2011 Town Council Meeting  Mayor and Town Council Emily Hines, Town Planner  SUBJECT: Consideration of a Conditional Use Permit for Wholesale storage of  gasoline and oil products, including bottled gas and oxygen  A. Action Requested by Town Council  Motion to set the Quasi-Judicial Public Hearing date of October 18, 2011 for the proposed Conditional Use Permit for Wholesale storage of gasoline and oil products,  including bottled gas and oxygen  B. Required Votes to Pass Requested Action A majority vote is required to pass the requested action.  C.Background Property Owner:  Gary & Barbara Sparks 3220 Taylorsville Road Lenoir, NC 28645 STAT, Inc 3062 Eli Lane Hudson, NC 28638  Applicant:    Property Address: Property Parcel Number: Parcel Size: Zoning District: Proposed Use:  Spartan Drive 2776-24-8991 2.67 acres HB  Wholesale storage of gasoline and oil products,  including bottled gas and oxygen  The Sawmills Zoning regulations require a Conditional Use Permit must be approved by the Town Council to have wholesale storage of gasoline and oil products, including bottled gas and oxygen. The applicant is requesting approval for a household hazardous  waste site. D.Attachment Zoning Map  2    Caldwell County Local Emergency Planning Board PO Box 2200 Lenoir, NC28645  Mayor Gibbs,  Thisi is a letter of endorsement for STAT Inc., 3062 Eli Lane, Granite Falls, NC: 28645 to expand their Mr. Sparks is researching the possibility of helping with and collecting household hazardous waste, safely and is about ready to present a plan to our county. Ourwishi is that he be given due consideration Every house hold int this county throws common every day waste into our landfill and this increases or county pollution of our land. His solution is to take the waste and properly dispose and in some cases  services to our counties and towns.  for this endeavor.  recycle.  Thank you for your time in this consideration,  Caldwell County LEPC Committee  Kenneth Teague, Chairman  Kenneth Briscoe, KB  Vice Chairman Chery! Whittington, Secretary Members Present Sign: -  Clayl  whhih  a  Geis JBm NRb  ans -  58  Gsowkc    AGENDA ITEM 9A  MEMO DATE: SUBJECT:  September 13,2011 Updates: Code Enforcement Monthly Report  Discussion:  Mayor Bob Gibbs will update the Council on the attached report showing the progress that Sawmills Code Enforcement Officer Tony Cline Continues to make  throughout the town.  Recommendation: No Council action is required.