AGENDA Sawmills Town Hall Tuesday, November 15, 2011  Regular Meeting oft the Sawmills Town Council  6:00 P.M.  1. 2. 3. 4. 5. 6. 7.  Call' To Order Invocation Pledge of Allegiance Adopt Agenda  Mayor Bob Gibbs Rev.. John Greene Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs James E. Lowdermilk, CPA Gerelene Blevins Beverly Fry Seth Eckard Emily Hines Emily Hines  Approval ofOctober 18" Regular Meeting Minutes FY2010-2011. Audit Presentation Recognitions: A. Yard ofthe Month Winners B.F Recycle Rewards Winner Discussion: Quasi-Judicial Procedure Council Action: Request for a Conditional Use Permit For Wholesale Storage of Household Waste on Parce! 2776-24-8991 A. Reading of Minutes B. Staff Report C.I Findings of Fact D. Council Action Public Hearing: Request for a Conditional Use Permit To. Allow An Accessory Dwelling on Property On May Road and Parcel 2755-97-8343 A. Open Public Hearing B.: Swéaring in of Person(s) Giving' Testimony C. Staff Commem/Reommemamion D. Public Comments E. Close Public Hearing F. Couricil Action Public Hearing: Bumgarner Property Rezoning Request For Property at 2669 Mission Road A. Open Public Hearing B. Staff Commen/Recommemdmion C. Public Comments D. Close Public Hearing E. Council Action  8. 9.  10.  Mayor Bob Gibbs Susan Nagle Emily Hines  11.  Mayor Bob Gibbs Hines Emily  12. 13. 14. 15. 16.  Planning Matters: Planning Commission Alternate Appointments Financial Matters: Employee-Longevityl Pay Updates: A. Code Enforcement Monthly Report B. Administrator's Report Public Comment Adjourn  Emily Hines Seth Eckard Mayor Bob Gibbs Seth Eckard Mayor Bob Gibbs Mayor Bob Gibbs    Page 1 of20  TUESDAY, OCTOBER 18, 2011  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 P.M.  COUNCIL PRESENT Bob Gibbs Gerelene Blevins Joe Norman Beverly Fry Joe Wesson COUNÇIL ABSENT Donnie Potter  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 Gibbs led the Pledge of Allegiance. ADOPT  AGENDA: Mayor Gibbs asked fora an motion to adopt . : the agenda. On a motion made by, Joe Wesson, and seconded by Joe Norman, the agenda was:  adopted. All wère in favor.  APPROVAL OF SEPTEMBER 20th REGULAR MEETING MINUTES: Mayor Gibbs asked for a motion to approve the September 20, 2011 regular meeting minutes. On a motion made by Joe Norman, and seconded by Joe Wesson, the minutes were  approyed. All were in favor.,,i, RECOGNITIONS:  YARD OF THE MONTH WINNERS:, Mayor Pro-Tem Gerelene Bleyins stated. that Tim and Lenita Pope from the 28630 zip code was the yard of the. month winners and Councilwoman Béverly Fry stated Jim, and Claudia Cooke from the 28638 zip code was the yard of the month winners for Oçtober. Mayor Gibbs stated that both winners are unable to be here tonight and may pick up their picture and certifiçate at the Town Hall at  there conyenience. No Council action is required.    October 18, 2011 Page 2 of20  RECYCLE REWARDS PROGRAM WINNER: Town Administrator Seth Eckard would like to congratulate James Clark on winning the Recycle Rewards Program for October. Administrator Eckard stated since Mr. Clark is not in attendance his çertifiçate may be picked up at his convenience at the Town Hall and a $25.00 credit will to the sanitation bill. Administrâtor Eckard also stated, this month is the highest participation rate Sawmills has ever'had since the Town has contracted with GDS and this data goes back to July 2003. The participation rate is fifty-five percent (55%).  -  bé added  No Council action is required.  TOWN SIGN ART CONTEST RUNNER-UP: Mayor Gibbs stated Kenlea Greene is the runner-up for the art contest to design a new sign for the Town which should be up in about three weeks. Mayor Gibbs asked Kenlea to please come forward at this time and then presented her with a certificate of appreciation, a gift card, and a challenge coin for. Mayor Gibbs then called art contest winner Lanie Bumgarner to come forward at this like them to come back when the signs are up SO that they can havé their pictures taken in  time and presented Lanie and Kenlea with a poster, of their  :  pictures and stated, he would  front oft the new signs. No Council action is required.  At  PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO PERMIT A HORSE ONPROPERTY: ATPIUSIIGHWAYIN OPEN PUBLIC HEARING: Mayor Gibbs asked for a motion to open the public hearing concerning Jack and Debbie Mason who is requesting a Conditional Use Permit On a motion made by Joe Wesson and seconded by Beverly Fry, the public hearing was SWEARING IN OF PERSON(S) GIVING TESTIMONY: Town Clerk Susan Nagle STAFF RECOMMENDATIONS: Town Planner Hines stated the request before you is the consideration ofa Conditional Use' 'Permit fora hotse. The property yoy, haye is owhned' and thé applicânts are Jack and Debbie Mason. Theif mâiling address is: P.O. Bok 267 Hudson, NC 28638, the addréss for the property in question is: 3912 US Highway' 321-A, the North' Carolina Parcel Number is: 2766-67-1789, the size of the property in total is 10.89 acres and is zoned RA-20. The Sawmills Zoning regulations require that to have a horse 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  to have a horse at 3912 US Highway 321-A. opened at 6:10 p.m. All were in favor.  2  * *    :. :: :: :  :. :  swore in the staff testimony ofTown Planner Emily Hines.  1.09 acres of pasture land for this particular parcel of land.    October 18, 2011 Page 3 of20  Planner Hines: The approving of Conditional Use Permits state there are two (2) findings of facts that the Board has to meet and find an approval to actually approve a Conditional Use Permit. The first finding of fact is that the use will not affect the health or safety of persons residing or working in the neighborhood of the proposed use. The second finding is that the use will not be detrimental to the public welfare or injurious to the In your staff report you'll see that I have two recommended findings of fact based on the evidence that I had at times I wrote this. The first staff recommended finding is that the proposed use ofal horse will not affect the health or safety of persons residing or working in the neighborhood. All pasture and barn areas will be maintained and kept clean to reduce any unreasonable smell. The second staff recommended finding is that the proposed use of a horse will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood. There will be adequate fencing to Ialso have two (2) potential conditions that you may or may not want. Conditions to place on the Conditional Use Permit. The first one is that. animal waste shall not be stored any closer that fifty (50) feet from any property line or surface water not in the same ownership and that the area used for grazing, exercising, or training of said animals shall be securely fenced to prevent the horse from straying. There's already a condition in the Zoning Ordinance itself that requires a minimum of one acre per horse. That's actually already part of your Zoning Ordinance. So in your package you have a copy of the application that was submitted by the property owners, a copy of the map and then, additionally just for your information the notices that were sent out to the. property owner and all of the adjoining properties within one hundred (100). feet of this property. AsI stated, based on those findings of fact I do recommend approval of the Çonditional Use Permit. Also, just want to note in your staff report you'll see on the first page there are three (3) motions that have to be made this is what you get on when eyeryone. speaks but you would need to accept the evidence as presented, approve the finding of facts stated, you can either adopt it with the ones that I have put in front of you 3 those two (2) findings of fact with my staff recommended findings or if you disagree with me and you came up with your own and then the last motion would be actually to approve the conditions if you' wanted to adopt the two (2) other conditions I put in there or if any SWEARING IN OF PERSON(S) GIVING TESTIMONY: Mayor Gibbs asked if anyone wished to speak and if so would they please come forward at this time to be  property or public improvements in the neighborhood.  prevent the horse from leaving the property unattended.  additional, or to deny the Conditional Use Permit.  sworn in.  There was: no one wishing to give testimony.  Councilman Joe Wesson: Let me ask you a question there's two (2) conditions that are being put on about the waste and all, would you go over those again please?    October 18, 2011 Page 4 of20  Planner Hines: Well those are two that I was looking at in other Ordinances I Councilman Wesson: Cause I wonder about that about the waste, now are they have enough territory over there and all and everything. I mean is, the fence now going saying within his property line or somebody else's or something SO many feet of stored you  have to do it.  Ijust don't  to  waste.  Planner Hines: Well as Is said fifty (50) feet away from his property,  lines that  are not adjacent to other property that they own. They also own two othèr property parcels that aré Councilman Wesson: So, ifl hé owns fifty (50) foot on the other side of the fence it's not  right theré.  going to fly anyway. Okay, Okay. Planner Hines: There it's not aj problem.  Councilman Wesson: And that the other was what now? they would have itina a scured fenced area. Councilman Wesson: Okay ya.  Planner Hines: The other one was to just make sure to actually put in the Ordinance that  Planner Hines: It's one oft thosé things like you know somebody's probably going to do it but at least. this way. you get, if you approve the Conditional Use Permit,  the you get  Conditional Use feé.  Councilman Wesson: Right, okay! Now on the waste; now that means stored? Imean if itg goes out there on that fencé line, has a dropping or something like thât that's not really Planner Hines: That's not what I'm talking about. Tm talking about where they.., Councilman Wesson: Get it up and they store it? Okay, okayIuhderstand.  storing it!  Planner Hines: You don't want it near somebody else's property line or near water, you know aj pond out there something like that. It could trickle to get into the water system! Councilman Wesson: I don't feel that's unreasonable at all sO anyway, I just want to  define that you know what In mean. Planner Hines: Ya, oh no, not a problem.    October 18, 2011 Page 5of20  Councilman Wesson: Didn't want to get in trouble cause the horse the horse goes out there and maybe makes a dropping and then there he is somebody's out there saying well  you'rei in violation.  Planner Hines: I've had them Iknow that's a problem.  Mayor Bob Gibbs: Okay Jack and Debbie you're here, would you like to speak, anything? Imean, Iknow that you're gonna fix the barn up. Miss Holden told me that and that you're gonna put a fence up for the horse and I mean I know you're gonna do that stuff cause Miss Holden said you were and her word is bond to me sO, like Isaid it's up to the Council and right now what's the next thing we need to do Emily? There's Planner Hines: The next thing is since there's no other evidence we presented, you would need to actually make a motion to accept the evidence as has been presented to you. Councilman Wesson: On the three (3) parts first? And then finally to approve the whole  three (3) motions that we gotta go by.  thing? We have to make three (3) motions?  Planner Hines: Right. First you have to accept everything you heard.  Councilman Wesson: Right, right okay!  COUNCIL ACTION: Mayor Gibbs: Okay I need a motion to do that to accept. Councilwoman Gerelene Belevins: I make a motion that we accept everything that we've  heard first. Mayor Gibbs: Second? Councilman Wesson: Second. All were in favor.  Mayor Gibbs: Okay, next motion, Emily?  Planner Hines: The next motion is to approve the findings of fact. Councilman Wesson:I make a motion that we approve the findings of fact.  Councilwoman Beverly Fry: I'll second.  Mayor: All in favor? staffrecommendations:  Town Attorney Terry Taylor: The findings of fact that are already there in the proposed    October 18, 2011 Page 6 of20  Planner Hines: The one'ss staff recommends?  Attorney Taylor: Ya! Mayor Gibbs: Okay all in favor? All wére in favor.  Mayor Gibbs: Alright, the next thing, Emily?  Plarnér Hines: The next motion is to approve, well you have two choices now. make a motion to approve the Conditional Use Permit or approvè the Conditional Youcan Use Permit with the two conditions that I had. However, if you do approve both conditions Councilman Wesson: Well. Like Is said, Ifell that it's no nothing that's off handed or anything. Iknow Jack and Debbie's responsible people. They would do that'anyway. So, P'II just go ahead and make a motion that we approve it with the conditions. think that would be fair anyway. Their gonna comply with that.  that Iput in here of, thésé two and any'others you have.  Which,I  Councilman Joe Norman: Pll second. Mayor Gibbs: All in favor? All were in favor. public hearing.  CLOSE PUBLIC HEARING: Mayor Gibbs: Alright, I need a motion to close the Councilwoman Gerelene Blevins: Do you need a motion on them to have a horse?  Mayor Gibbs: That, we. just did!  Councilwoman Blevins: Does that take care ofit all? Attorney Taylor: Ya, that was the motion to approve.  Councilwoman Blevins: Oh, okay!  Mayor Gibbs: Okay the next thing is to have a motion to close the public hearing. Councilwoman Blevins: Ir make a motion that we close the public hearing.  Councilman Norman: Second.    October 18, 2011 Page 7of20  Mayor Gibbs: All in favor?  The public hearing was closed at 6:18 p.m. All were in favor.  PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR WHOLESALE STORAGE OF HOUSEHOLD HAZARDOUS WASTE ON OPEN PUBLIC HEARING: Mayor Gibbs asked for a motion to open the public hearing concerning STAT, Incorporated who is requesting a conditional use permit for wholesale storage ofhousehold hazardous waste on parcel 2776-24-8991. Ona a motion made by Joe Wesson and seconded by Joe Norman, the public hearing was SWEARING IN OF PERSON(S) GIVING TESTIMONY: Town Clerk Susan Nagle STAFF RECOMMENDATIONS: Town Planner Emily Hines stated, the request before you now is the Conditional Use Permit for wholesale storage of household hazardous waste. The property is owned by Garry and Barbara Sparks mailing address: 3220 Taylorsville Road Lenoir, NC 28645. The applicant is STAT, Incorporated mailing address: 3062 Eli Lane Hudson, NÇ 28638. The, property is located on Spartan Drive, North Carolina Parcel Number 2776-24-8991. The property is approximately 2.67 acres and is zoned, Highway Business. The Sawmills Zoning Ordinance requires 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 specifically to have a household hazardous waste site which., falls under. that category. I've stated before there are two (2) findings that the Board has to find to approve a Planner Hines stated this bits a little short Pll just go ahead and do my staff recommended findings. The first one is that the proposed use of a household hazardous waste site will not affect the health or safety of the persons residing or working in the neighborhood. The site is only a drop off location. No permanent disposal will be done at this site. The second finding is that the proposed use of a household hazardous waste site will not be detrimental to public welfare or injurious to property or public improvemens in the neighborhood The majority of the properties in the area are industrial uses. The proposed use will benefit the Town as a whole by removing some hazardous waste from the area landfills. The one condition that I've recommended to be placed on this is that the condition that it is fori it's stating no disposal of hazardous waste on site, to  FARCELZT762489:  opened at 6:19 p.m. All were in favor.  swore in the téstimony ofTown Planner Emily Hines.  Conditional Use Permit.  be used as a drop off location only.    October 18, 2011 Page 8 of20  In your package you have a copy of the applicationfor the property owner, a copy of the zoning map and additionally, the letters that were sent to the property owner and to the adjoining property owners within a hundred feêt of this. I'do recommend in favor of issuing the Conditional Use Permit based on the fact that it does meet the two (2) findings of fact, and also recommend adding the condition onto this Conditional Usé Permit and that's in line with whatthe property ownèr wants to do: Justa big dropo offlocation.  Mayor Bob Gibbs: Gary you're here you wanna speak?  *. :  Clerk Nagle swore in the testimony of the property owner Garry Sparks:  Mr. Sparks:A couple of things I want to clarify. When you say oxygen what does that  mean?  ii falls under that.  Planner Hines: No Iknow that was the overall thing and  your'st :  ; ::  Mr. Sparks: Okay! Basically what wère talking abouf is Catawba County does a household hazardous waste event once a year, Caldwell County Enforcement does not do one! They: do not' do one and I wondèred why. I'guess they just can't afford it or whatever they just 'don't. And, speaking to the members of Cildwel! County and everything generally, what we're trying to do isjust keep this material out of the landfill. Idoitin about six (6) counties across the state. We take equipment, gather this stuff yp and take it the a TSDF and they get rid ofit. The thihgs T'm talking about getting rid of are in your house are aerosol cans of paint that you'vè not used: Latex paint that you've not used. Gasoliné, fuel, things like that, that you have in your house. Draino; just things like that, that you normally just don't think anything about'but, when thèy end upin the landfill they end up and contaminate water then that's where it goes. What we do is we take that material, put it togethet and send it to soméone that can properly get rid ofit. We would be a collection site, we'd gather the matérial up' and ship it off in proper containers and get rid ofit. That's what the whole idea of this is. For the past twenty (20) years I've been taking care of this out of my pocket P'ye been doing it myself! They. come up to me and say hey get fid of this, ànd I get rid ofit forther, But, it's come a  timé where now,T would like to get more stable at gêtting this done.  : :.  MayorGibbs: Does anybody have any questions?  .  Councilman Joe Norman: Will there be 'a drop off site at your place? How do you get Mr. Sparks: Right, what we wanna do is set' up a place wheré say, if you have somé at your house and you wanna bring it to this site, you put it in the back of your car and bring itt to me. There will be a person there that'll take it out; they'lI put it in a proper container and you'll leave and that's how we get rid ofit! That's the way the events were to work if they have it at Crawdad's stadium, and they'lI be like a hundred cars backed up and everybody's got this material in the back of their cars they want to get rid of and that's  material to you?  how they do it.    October 18, 2011 Page 9 of20  Councilman Norman: Will they be open five (5) days a week here in Town?  Mr. Sparks: Well, what we' 're gonna try and do is, now this is just the first step. Ihave to go through the State of North Carolina and then Il have to get a permit from them. Which you know,it's a process, also. Then we get a permit from them and everything and we have to get a company agreement with the county. Then you know, hey they will pay me something for doing this and then you know that's how far along we are to go.. It's not  just like tomorrow you'll see something. Councilman Norman: So, this is the first step? Mr. Sparks: This is the first step. Absolutely!  Councilman Joe Wesson: On that cost, there like, that will the County be paying you, or  the? Mr. Sparks: Sure.  Councilman Wesson:The individuals, they can just take it out at no cost, right? Mr. Sparks: Normally, this is what the other counties do, and Greensboro has got a big collection center. Normally what they do is, they come and they bring it, we weigh the material that comes in, then we say this is how much you got, and this is how much we got rid of and the county would foot the bill. Because, I couldn't collect from  individuals, I neverl have. Mayor Gibbs: Okay. with public much.  Mr. Sparks: STAT is more of a business to business relationship. We don'treally deal Councilman Wesson: Well it sounds pretty good, there cause individuals could take it out there and get rid of it and like I say it don't get out there somewhere a rusted can would.  erid up in a river and we'd end up drinking it. Mr. Sparks: That's what were talking about. Courcilman Wesson: Right, okay!  Councilwoman Gerelene Blevins: Could it ever become an expense on the Town of  Sawmills?  Mr. Sparks: No, maam!  Councilwoman Blevins: Or, would that be up to the County to do?    October 18, 2011 Page 10of20  Mr. Sparks: It has to be with the County.  Councilwoman Blevins: And the County cân'tcharge the Town, SO much?  Mr. Sparks: I wouldn't think so. Iméan, it's not going to work unless the County comes up with a way to pay for it. And, like I say right now what I have is péople call me. They. call the landfill, and the landfill turns and says, çall STAT he'll take it and Iend,up taking up taking it but, Iend up taking it for free and,Tve done this for 20 years and the  end is getting to the end there. Councilwoman Blevins: Sure!  Councilman Wesson: This service, would just be for people in Caldwell County, Mr. Sparks: Ibelieve we're going to do Caldwell/Catawba since we're SO close. Councilman Wesson: Okay so, Catawba would possibly be in it together? Mr. Sparks: Yes they will share the expense! The County will share the  couldn't bring it from outside the County ànd bring itl heré?  they  : 1.  :  expense.  Councilman Wesson: Will you have à way of checking or whatever that somebody from Burké County'ors somebody that's not doing any paying is not going be using this.  Mr. Sparks: We'll just check they're driver's license.  Councilman Wesson: Okay, okay!  Councilwoman Beverly Fry: Well there's been fires out there. Will the this increase the chances of fire's, cause that's school out there?  of  storage ofany  Mr Sparks: One ofthe things we. just did the Firé Marshal çame out and he wanted me, to, move- some materials from the main building to a tatally separate building. the process of doing that, matter of fact the buildings going up now, we' have And, werein a permit we're putting up right now, which is just a small storage shed. There's always, Içan't tell you there'snot going to be a fire because there'sa always. The last fire was sawdust, it was sawdust and sand. Idon't know why sawdust and sand will burn, but it did! Imean, if you get enough sawdust, we use a lot of sawdust and, if you hàvé that sawdust you're gonna have a chance always of a spark causing it SO this is not gonna, I wouldn't that this would cause a bigger chance because it's gonna be across the road. It's think not Mayor Gibbs: In all honesty, Garry more and likely what you're gonna take household chemicals it's nothing that wouldn't be in your house. Ifit's gonna catch fire it's  gonna be at my business it's going to be across the road.  catch fire there just as good as it will over there.  gonna    October 18, 2011 Page 11of20  Mr. Sparks: And, the only difference is ya there' d be more of them I mean, that's the only  thing you can say.  Councilwoman Fry: It'd be a bigger fire.  Councilwoman Blevins: Well like sawdust I mean in the furniture places they get a lot of sawdust. Sawdust builds up a heat and it burns SO that were the same way with you. Councilman Wesson: Will you have some kind of waste setup to where a lot of things  that maybe that's gonna be disposed ofo can'tmix together?  Mr. Sparks: It has to be that way! Councilman Wesson: Right!  Mr. Sparks: Okay, and the only way you can do it is, you have flammables here, your poisons here, and when I say poison that's Draino and things like that, your latex paint would be here. It all has to be separated cause the TSDF which stands for Treatment Stored in a Disposal Facility. They will not take it, it has to be separated. Councilman Wesson: So there's not gonna be something put in something that's gonna  set something else off? Mr. Sparks: No!  Councilman Wesson: So it's gonna be confined? Okay!  Mayor Gibbs: Okay, any other questions? Okay! Garry, Iappreciate it thank you! Alright,  Emily?  Citizen: Can Ijust ask a question? you want to talk, ain'tt that true Emily?  Mayor Gibbs: Well this is kinda like a court oflaw right now! You have to be sworn in if  Planner Hines: Yes! He can ask the questions that he's wanting.  Mayor Gibbs: You can ask questions. Citizen: That's fine you all just go ahead.  Mayor Gibbs: Okay Emily, where do we go: from here?  Planner Hines: As before, first you have to make a motion to accept the evidence as  presented.    October 18, 2011 Page 12 of20  Councilwoman Blevins: Well I'd like to hear what he has to say before we vote! Are  there any way we can do that?  Councilman Wesson: Are you talking about Benny?  Mayor Gibbs: Ya! He can speak. Benny you can come up heré and speak, you. just have  to be sworn inj just liké anyone else!" Citizen: Ijust have a simple question that'sall. Mayor Gibbs: I mean, it'sl like a court room.  Councilman Wesson: I'd like to hear this too cause we want to put our heads together on  this.  Mayor Gibbs: No he can'tjust ask a quéstion he's gotta be sworn in.  Clerk Nagle swore in thé testimony ofBenny Fry.  Mr. Fry: When you were reading the things you read you said that the area around there  is mostly industrial?  Planner Hines: It's mostly industrial, ya I did say that!  Mr. Fry: II live within a half mile oft that and Id don't think it's mostly industrial. There'sa high school just below it, there's residents across from it, the outside ofit, mostly, Idon't Planner Hines: No it's not part oft the criteria, it's based on the zoning for this area.  think it meets the criteria ifthat's part of the çriteria.  Mr. Fry: Well it'd have to go bigger. Planner Hines: Ididn'treference that. Mr. Fry: Well it happens to be mostly.  Planner Hines: I'm looking at this map and looking at this area here and it's all zoned industrial. And ifthe Board doesn't agree with that then they can remove that item. Mr. Fry: Well, It think the Board needs to look at that because it's not mostly industrial. Anybody that's ever been up there can look and I don't know what area there talking about, if you just isolate that little area, well ya, it's mostly industrial. But, I mean, it's surrounded by a high school, there's a development across from it. Idon'tsee how in the  world you can say that's industrial.    October 18, 2011 Page 13 of20  It's not good whenever they come to your house and tell you that you gotta pack your stuff up you can't stay in your house the place down the roads on fire. We've been through that over there and I didn't like it and I don't think they need anymore ammunition on that 2 point whatever acres they got and it's not mostly industrial. It's mostly residential and there's a school house within a mile of the place where there's Mayor Gibbs: Is there anyone else that would like to swear in testimony? Alright Emily, Planner Hines: Okay the first motion that you would need to. make is to. accept the Councilman Wesson: Can Isay one more word before we get into this, say one thing?  children at and Idon'think that any ofthat stuffi needs to be out there.  let's report.  evidence as presented.  Mayor Gibbs: Go ahead.  Councilman Wesson: I would like to say this, when we listened to everything we had one person opposed. The one thing that conçerns me about this it's not going to be just for Caldwell County it's going to be Catawba County. Whose to say another county is not to come in and then another county to come in and then we have a huge bunch of stuff that's stored out there and I agree, I gotta agree with what he said we done had to leave Town a couple different times and all. I'm conçerned about this. thing maybe getting out of hand and Is see possibly that it could. So Ijust wanted to voice my opinion before we start to Councilman Norman: Do we have any idea, Garry can you tell us. exactly how much at Mr. Sparks: Well, you can't have material there over ninety (90) days, that's the law. I have no idea, and when I say that, I'm talking. about, I would think that most the people in Caldwell County got drums and drums of stuff sitting around, that you're talking Councilman Wesson:Imean, I see good parts about it but, I also see things that could get out of whack beçause it's not going to be regulated just for Caldwell County and then it starts coming in and coming in from other counties and we don't! know what's coming in and, all kinda different stuff, and Iknow these people over there in that area, there's been concerns about stuff from over there and all, anyway chemicals and all and everything and fire and people breathing it. Like Isay we've had several scares and things in this county already and we had to deal with an incinerator and I think we need to consider all Councilwoman Blevins: Does all the Council people know where it's at, where it's  get into the ropes on this.  any one time you think would be stored there?  about. Maybe ten (10) drums at ai time, I'm not sure.  '  the factors.  located and all that?    October 18, 2011 Page 14of20  Mayor: Yes!  Councilwoman Blevins: Okay, I'm making a motion that we table this till our Councilman Norman: Ya, Ithink that's a good idea. I'd like to know the all the things that would be stored are all of them highly flammable  meeting and get some more information on it.  next : percentagé of or some of them that  won'tburn?  Councilman Wesson: P'd like to ask you one question, is there a possibility going to say it's gonna go no further then just" up from Caldwell County and that Catawba your County? That your not possibly at all, that your definitely not at all  take none this is,  from any other county, or can you say that to me?  gonna  Mr. Sparks: Well, to be perfectly honest with you, what they' re plans were and  I'm talking about Caldwell County. Councilman Wesson: Right!  Mr. Sparks: What'they're plans were, to do Burke County, Caldwell and that one, those  three (3).  Councilman Wesson: So Burké's come into it now?" 'Okay, Right! Mr. Sparks: That's what they had mentioned but let me explain something to don't know. They haven't made any agreements with anybody, sO I Want to say hey stop until you find out what agréements their gonna have, mean, that's you fine. don't  Councilman Wesson: Right, but, Ijust want something, we don't want to grab a pokèWe don'twanna say we got stuff coming in'here now from" New York pig ina South Carolina, and everywhete else" and it can get like' that, I mean, it's not and from,  you, they    nothing specific about it's limited too, that's leaving it wide  that it can open  saying come in from  anywhere. :  ::  Mayor Gibbs: Alright;okay!  Councilman Wesson: Ir mean, that's just my opinion I'want to represent the area of the Town and that you know) Ijust wânt to know ifh he can't. guarantee people us that oft this it's just gonna be certain ones when it leaves it wide open and I don't think that's a Councilman Norman: Gerelene made a motion to table this and T'H second that.  thing cause- we gotta concered about the public welfare.  good  Mayor Gibbs: Well hang on! Terry?    October 18, 2011 Page 15of20  Attorney Terry Taylor: First you have to complete your motion. Did you do the motion  to accept all the evidence?  Mayor Gibbs: Ya, we need a motion to accept all the evidence first. Councilman Norman: P'lI make amotion we accept it, the evidence.  Mayor Gibbs: We need a second. Councilwoman Fry: Pll second.  Mayor Gibbs: All in favor? Any opposed? Okay!  All were in favor. meeting.  Mayor Gibbs: Now there is a motion on the floor at this time to table this till our next Attorney Taylor:I think you would first close the public hearing and thentable your actual Mayor Gibbs: Ya, we have to close the public hearing before we go any further. Alright. CLOSE PUBLIC HEARING: Mayor Gibbs: Alright, I need a motion to close the  vote on it, the next one.  public hearing.  Councilwoman Blevins: I make a motion that we close the public hearing.  Councilman Wesson: Is second. Mayor Gibbs: All in favor?  The public hearing was closed at 6:40 p.m. All were in favor. Attorney Taylor: Then you can make your motion.  COUNCIL ACTION: Councilwoman Blevins: I make a motion that we table this till Attorney Taylor: You can also request staff to investigate a little further and come back with some concrete recommendations for you in terms of maybe the amount and the Mayor Gibbs: Garry, correct me if I'm wrong, Emergency Preparedness peoples' the ones that's leading this, that committee, or whatever it isi in Caldwell County that they  November 15th.  jurisdictions.  have.    October 18, 2011 Page 16of20  Mr. Sparks: Yes, Emergency Response.  Mayor Gibbs: Emergency Response Committee. They'lI be the ones that you need to Councilman Wesson: Ithink we need to include input from people that live around in that area over there. They should be allowed to come out and say how they feel, people that  talk SO.  live around that area,  Attorney Taylor: They had ai right to come. Planner Hines: There was a notice in the paper.  Councilman Wesson: Is letters sent outlike they were on the other Conditional Use  Pérmit?  Mayor Gibbs: Yes, yes, yes! We had them in your agenda.  Councilman Wesson: How close around the area there was the letters sent out?  Planner Hines: Do you all live adjacent to? Councilwoman Fry: Right around the corner. Planner Hines: Do you live adjacent to the property?  Mr. Fry: Id don't! havé property adjacent to' the property but, Icould almost spit and hit it. Planner Hines: Okay! That's why you didn't get a letter. However you found out about  the hearing, Iguess this was in the paper? Councilwoman Fry: No. adjoining or touching property?  Councilman Wesson: Did it have to be in or just the information? Did it have to read  Plaanner Hines: That's the requirement; yes!  Councilman Wesson: Right, but it could be all over there. The thing about this is, this is al little bit different you got vapors and chemicals and stuff that could be, the closest place  that it could go over. Mayor Gibbs: Okay! respect, anyway okay.  Councilman Wesson: Well, I mean, Ijust want to stress opinion here Mayor, with all due    October 18,2011 Page 17of20  Planner Hines: In the meantime, we also, put the notice in the paper.  Councilman Wesson; Okay, okay. Planner Hines: So, it's not just.  Councilman Wesson: Right! A lot of people don'ttake favor to getting the internet, was it  on the internet too. or anything, posted up about that? Planner Hines: On the internet? Wasn'ta at agenda time.  Councilman Wesson: It wasn'ton our Town site or anything? Alot of people go to that! Planner Hines: Icn't post it there sO Ican't say whether ir not it was, I can just tell you Councilman Wesson: Right! Well like I say, It think we need to look into it further, like we discussed and come back and then either approve, or disapprove at the next meeting.  what notices that Iknow for a fact were done.  Administrator Seth Eckard: Okay!  Mayor Gibbs: Okay, Ihave a motion, and a second to table this, can Ihave a vote?  All were in favor.  Mayor Gibbs:Okay, this things been tabled.  FINANCIAL MATTERS:INTIINTERLOCAL AGREEMENT WITH CALDWELL COUNTY TO EXTEND THE SALES TAX REINVESTMENT AGREEMENT AS AMENDED: Administrator Eckard stated the enclosed is an Interlocal Agreement with Caldwell County to Extend the current Sales Tax Reinvestment Agreement as amended for another four (4) years after the current contract expires June 30, 2013. Upon, approyal pf this, agreement Sawmills will start paying $280,000.00 a year from $400,000.00 a year which, is a reduction in contributions of 30%. In the new agreement businesses will be given one (1): year to create promised. jobs and will have to retain them  :  for an additional one (1). year.    October 18, 2011 Page 18 of20  The Caldwell County Commissioners have stated that this this fund will be used for creation only and will no longer be used to fund non-economic development such as the Railroad Commission, The Stormwater Program and the line items projects for Interlocal Government which, will be removed leaving Sawmills to Lenoir directly for our share of the Stormwater Program. On a motion made by Joe Norman, and seconded by Joe' Wesson, Council Interlocal Agreement with Caldwell County to Extend the Sales Tax Reinvestment approved Agreement as amended starting July 1, 2013 and ending June 30, 2017. All were  job the pay City of the in  favor.  PLANNING MATTERS:  CALL'FOR A PUBLIC HEARING: BUMGARNER PROPERTY REZONING REQUEST FOR PROPERTY AT 2669 MISSION ROAD:Town Planner stated the Town has received a request from Roger and Cynthia, to rezone Emily at Mr. and Mrs. Bumgarner own a house on this property and would like to add on but, according to the the Zoning Ordinance this property is zonéd' H-B, Highway Business which does not allow them to add on to the existing residence. Mr. and Mrs. are requesting the parcel be rezoned R-15; Residential'High Density.  Hines property  2669 Mission Road.  Bumgarner  Planner Hines also stated, the Planning Commission has reviewed this request and would On a motion made by Joe Norman, and seconded by Joe Wesson, a public hearing for a rezoning-requést on property located at property at'26691 Mission Road was called to take place at the next regularly scheduled Council meeting on Novémber 15,  recommend approval.  at :  20114t 6:00  p.m: the Sawmills Town Hall. All were in favor.  -'. :  :.  CALL FOR A PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY DWELLING ON PROPERTY ON MAY. ROAD AND PARCEL2755-97-8343: Town Planner Emily Hinés stated that the Town has réceived a request from Ronald'McCracken for a'Conditional "Use Pérmit to allowan accessory dwelling on property located on May Road, North Carolina Parcel Number Planner Hines also, stated this is an allowable use and according to the Sawmills Zoning On a motion made by Joe Norman, and seconded by Joe Wesson, a public hearing for a Conditional Use Permit to allow an accessory dwelling on property located on May Road, North Carolina Parcel Number 2755-97-8343 was called to take place at the next regularly scheduled Council meeting on November 15, 2011 at 6:00 p.m. at the Sawmills  2755-97-8343.  regulations, Council must approve all Conditional Use Permits.  Town Hall. All were in favor.    October 18, 2011 Page 19of20  PLANNING COMMISSION APPOINTMENTS: As you may recall, during the September 20, 2011 Council meeting Mayor Gibbs asked Council for recommendations for two alternates to serve on the Planning Commission. Planner Emily Hines recommended that Council chose one member that lives inside the Town limits and one Mayor Gibbs asked if anyone had any recommendations at this time. There being no recommendations at this time Mayor Gibbs asked Council to again to come to the November 15, 2011 regular Council meeting with recommendations for two alternates to  member that lives in the ETJ (Extra-Territorial Jurisdiction).  serve on Planning Commission. No Council action is required.  UPDATES:  CODE ENFORCEMENT MONTHLY REPORT: The enclosed report shows the updated progress continuously made throughout the Town by Code Enforcement Officer  Tony Cline.  No Council action is required.  ADMINISTRATORS REPORT: Town Administrator Seth Eckard stated that the fall newsletter went out last week and reminded everyone of the Town's Veteran's Day Observance which will take place at the Sawmills Veteran's Park on the first Saturday following Veteran's Day November 12, 2011 at 10:30 a.m. Administrator Eckard also stated, that Sawmills will have their Annual Christmas Parade December 3rd which will begin at 10:00 a.m. and line-up will start at 9:30 a.m. Anyone wishing to participate may come by the Town Hall and pick up an application, and that there is no fee to participate. Mayor Gibbs stated there are twelve (12) names that have been put on the Veteran's Monument this year. The rain date will be the following Saturday, November 19, 201. PUBLIC COMMENT: Mayor Gibbs asked If anyone would like to speak during the Debbie Mason would like to say thank-you for the newsletter and she appreciates the Bynum Ramsey would like to speak about his concern over the 4,000 gallons of use on  public comment period. Conditional Use Permit. his current water bill.    October 18, 2011 Page 20 of20  ADJOURN: Mayor Gibbs asked for a motion to adjourn.  On a motion made by Joe Wesson, and seconded by Joe Norman, the meeting was  adjourned. All were in favor.  Susan Nagle, Town Clerk  Bob Gibbs, Mayor  :    AGENDA ITEM 6  MEMO DATE: SUBJECT: Discussion:  November 10, 2011 FY2010-2011 Audit  Presentation  Enclosed with your agenda packet is a copy of the completed FY 2010-2011 audit. The Auditor's for the Town James Lowdermilk and Rick Hammer with Lowdermilk Church & Co.., L.L.P. will be on hand to formally present it to you.  Recommendation: No Council action is required.    Lowdermilk Church & Co., L.L.P. Certified Public Accountants  1211 N. Sterling Street Phone: (828).433-1226 Fax: (828).433-1230  Morganton, North Carolina 28655  To the Mayor and Members of the Town Council  Town of Sawmills Sawmills, North Carolina  We have audited the financial statements of the governmental activities, the business-type activities, each major fund, and the aggregate remaining fund information ofTown of Sawmills for the year ended June 30, 2011. Professional standards require that we provide you with information about our responsibilities under generally accepted auditing standards (and, if applicable, Government Auditing Standards and OMB Circular. A-133), as well as certain information related to the planned scope and timing of our audit. Wel have communicated such information in our engagement letter to you dated November 15, 2010. Professional standards also require that  we communicate to you the following information related to our audit.  Significant Audit Findings  Qualitative Aspects of Accounting Practices  Management is responsible for the selection and use ofappropriate accounting policies. The significant accounting policies used by Town of Sawmills are described in Note It to the financial statements. As described in Note Ito the financial statements, the Town of Sawmills changed accounting policies related to fund balances by adopting Statement of Governmental Accounting Standards (GASB Statement) No. 54, Fund Balance Reporting and Governmental Fund Type Definitions in 2011. We noted no transactions entered into by the governmental unit during the year for which there is a lack of authoritative guidance or consensus. All significant transactions have been recognized in the financial statements in the proper period. Accounting estimates are an integral part of the financial statements prepared by management and are based on management's. knowledge and experience about past and current events and assumptions about future events. Certain accounting estimates are particularly sensitive because oft their significance ofthe financial statements and because oft the possibility that future events affecting them may differ significantly from those expected. The  most sensitive estimate affecting the Town of Sawmills's financial statements was:  Management's estimate of the depreciation is based on estimated useful lives. We evaluated the key factors and assumptions used to develop the depreciation in determining that it is reasonable in relation  to the financial statements taken as a whole.  Certain financial statement disclosures are particularly sensitive because oftheirs significance toi finançial  statement users.  The financial statement disclosures are neutral, consistent and clear. Difficulties Encountered in Performing the Audit  We encountered no significant difficulties in dealing with management inj performing and completing our audit.    Corrected and Uncorrected Misstatements  Professional standards require us to accumulate all known and likely misstatements identified during the audit, other than those that are trivial, and communicate them to the appropriate level of management. Management has corrected all such misstatements. In addition, none oft the misstatements detected as a result of audit procedures and corrected by management were: material, either individually or in the aggregate, to each opinion unit's  financial statements taken as a whole. Disagreements with Management  For purposes of this letter, professional standards define a disagreement with management as a financial accounting, reporting, or auditing matter, whether or not resolved to our satisfaction, that could be significant to the financial statements or the auditor's report. We are pleased to report that no such disagreements arose during  the course of our audit. Management Representations letter dated October 21,2011.  We have requested certain representations from management that are included in the management representation  Management Consultations with Other Independent. Accountants  Ins some cases, management may decide to consult with other accountants about auditing and accounting matters, similar to obtaining a "second opinion" on certain situations. Ifa consultation involves application ofan accounting principle to the governmental unit's financial statements or a determination of the type of auditor's opinion that may be expressed on those statements, our professional standards require the consulting accountant to check with us to determine that the consultant has all the relevant facts. To our knowledge, there were no such  consultations with other accountants. Other Audit Findings or Issues  We generally discuss a variety of matters, including the application of accounting principles and auditing standards, with management each year prior to retention as the governmental unit's auditors. However, these discussions occurred ini the normal course of our professional relationship and our responses were not a condition  to our retention.  (Other Information in Documents Containing Audited Financial Statements)  With respect to the supplementary information accompanying the financial statements, we: made certain inquiries ofmanagement and evaluated the form, content, and methods of preparing the information to determine that the information complies with accounting principles generally accepted in the United States of America, the method ofp preparing it has not changed from the prior period, and the information is appropriate and complete in relation to our audit oft the financial statements. We compared and reconciled the supplementary information to the underlying accounting records used to prepare the financial statements or to the financial statements themselves. This information is intended solely for the use oft the Mayor and members of the Town Council and: management ofTown of Sawmills and is not intended to be and should not be used by anyone other than these specified  parties.  Chansh. a Go:  Carbonsek October 21,2011    TOWNOFSAWMILIS Fimancial. Highlights Years Ended. June 30, 2011 and 2010  General Fund Cash and investments Total assets Fund balance Tolal reyenue Total expenditures Other income (expense) *increase (decrease) in fund balance Ad valorem taxes collccted current year levy Percent of taxçs collected Investment income Waterand Sewer Fund Cash and investments Total assets Net assets Operating revenue Opcrating expenses Operating income (loss) Nonoperating revenues Capital contributions Change in net assets Accounts receivable Investment inconse All Funds GASB34 Cash and investments Net assets  2011  2010  Inc/(Dec)  - 3,793,159 $ 3,983,459 $ (190,300) 4,011,967 $ 4,233,957 $ (221,990) 3,876,930 $ 4,133,023 $ (256,093) 1,652,947 $ 1,489,814 $ 163,133 1,909,040 $ 1,258,388 $ 650,652 (256,093) $ (79,091) $ (177,002) 412,124 $ 307,715 $ 104,409 15,710 $ 34,275 $ (18,565)  $  (310,518) $ 310,518  89.72  90.12  (0.40)  $3,293,948 $ 3,083,307 $ 210,641 7,709,931 $ 7,586,861 $ 123,070 $7,475,450 $ 7,432,231 $ 43,219 681,180 $ 648,439 $ 32,741 651,395 $ 544,262 $ 107,133 $ 29,786 $ 104,178 $ (74,392) $ 13,433 $ 21,888 $ 8,455  $  258,071 $ (258,071)  43,219 $ 473,337 $ (430,118) $ 90,820 $ 74,723 $ 16,097 13,433 $ 21,888 $ (8,455) $7,087,107 $ 7,130,294 $ (43,187) $13,885,556 $13,949,715 $ (64,159)    AGENDA ITEM 7A  MEMO DATE: SUBJECT: Discussion:  November 10, 2011 Recognition: Yard oft the Month  The Town of Sawmills would like to congratulate Richard McDowell (28630z zip code) and Audrey Bare along with Gwendolyn Mason (28638 zip code) on winning the Yard oft the Month for November 2011. Mayor Pro-Tem Gerelene Blevins and Councilwoman Beverly Fry of the Town Beautification Committee  will present the winners with a certificate ofappreciation.  Recommendation: No Council action is required.    AGENDA ITEM 7B  MEMO DATE: SUBJECT:  November 10, 2011  Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills does not have a Recycle Rewards winner at this time, but  will have one for the meeting.  Recommendation: No Council action is required.    AGENDA ITEM 8  MEMO DATE: SUBJECT: Discussion:  November 10, 2011 Discussion: Quasi- Judicial Procedure  Town Planner Emily Hines will be on hand to go over the enclosed handout on Quasi-Judicial procedures and answer any questions the Council may have.  Recommendation: No Council action is needed.    S    le  - 9  CD B F a 0  - A  I  a  e  CD e - D - 0 a 0 D le 1 9 -  CD 9    S C  E  J9  a  - 3  09  D  h  8   3  -  A a a CD   I     D 3 S 3  9 2   / a e A  a a B CD a 0  CD  S a P 9 de  0Q -  C  8  I  0Q  I  3 00    3 :  d0 & e 9 E 8  @  3  - 9  I I  :  8    a    3  S  3  -    CD  E    5  D    YOUNG, MORPHIS, BACH & TAYLOR, LLP  Altorneys at Lav 400 Second Avenue, NW (28601) Post Office Drawer 2428 Hickory, North Carolina 28603-2428 e-mai!: tery/@.hckorylaw.com  Charlcs R. Young, Sr.. e Wayne M. Bach Terry M. Taylor + Paul E. Culpepper Kevin C. McIntosh Jimmy R. Summerlin, Jr. Henry S. Morphis Timothy D. Swanson  Thomas C. Morphis( (1947-2009) Telephone: 828-322-4663 Facsimile: 828-322-2023 Certified Mediator Or Counsel + Board Certificd Specialist in Real Property Law- Residential, Business, Commercial and Industrial Transactions  October 25,2011 Manager Town Council Town of Sawmills 4076 US Highway 321-A Granite Falls, NC 28630  RE: Conditional Use Permit For Wholesale Storage Household Hazardous  Waste  MEMORANDUM  In regards to the Conditional Use Permit submitted the Board with some guidance regarding this action in the First of all, in regards to the voting, while the better practice have attended the Public Hearing, a Member who was absent  and  tabled at the last meeting and will be on the Agenda for November by Gary Barbara Sparks that was  14, Ijust wanted to provide is for everyone voting to  upcoming meeting.  access to the Minutes of the Hearing and all of the evidence can vote, SO long as he has full would recommend that the Clerk, at the time this action is submitted in the case. Therefore, I Findings of Fact required. Further, in regards to present the procedural information about the has a close family business relationship to a Quasi-Judicial Decisions, a Board Member who  the Public Hearing and also have the Planner  rescheduled, to read the Minutes of  not susceptible to change must not  party, or has a predetermined fixed opinion that is  participate in the matter.  The decision making standards in regards to Permit should be included in the text of the Ordinance. approving The  or  denying a Conditional Use  or to impose conditions on approval, should be based decision to grant or deny the Permit, Ordinance and that are clearly indicated as the Standards to on be standards that are actually in the  applied in this decision.  180146.1    The Standards that included in the Zoning Regulations are (I) that the Use (a) will not affect the health or safety of persons residing or working in the neighborhood of the proposed Use, and (b) that the Use will not be detrimental to the public welfare or (c) injurious to property or public  improvements in the neighborhood.  The burden is on the Applicant to present sufficient evidence to allow the Board to make al Finding of Fact that all of the required Standards will be met. The burden is on any opponents to the Permit to present evidence that a Standard will not be met. Ifinsufficient evidence is presented that the required Standards will be met, the Permit must be denied. lfuncontradicted evidence is presented that all of the Standards will be met, the Board must issue the Permit. Similarly, if uncontradicted evidence is presented that one of the general or specific Standards will not be met, the Permit must be denied. If there is conflicting evidence, the Board decides  what the facts are and either issues or denies the Permit.  The Board can impose additional unique projects, and/or spccific conditions on Conditional Use Permits, however, it is important to know that the Board does not have the authority to impose just any conditions it wants. The Conditions must be related to bringing the project into compliance with the Standards for Decision already in the Zoning Ordinance.  After you have reviewed this information, please feel free to give me a call if you have  any questions concerning such.  Very truly yours, YOUNG, MORPHIS, BACH &TAYLOR,LLP  Terry M. Taylor  TMT:mbs  180146.1    Agenda Item 9  OFSAVIT  "COAPOBAED  Town of Sawmills Staff Report  October27,2011 TO: FROM:  November 15, 2011 Town Council Meeting  Mayor and Town Council Emily Hines, Town Planner household hazardous waste  :  SUBJECT: Consideration of a Conditional Use Permit for" Wholesale storage  A.A Actions Requested by Town Council 1. Motion to accept the evidéncé as presênted 2. Motion to approve the Finding of Facts Identification Number 2776-24-8991. B.F Required Votès to Pass Réquèsted Action A majority vote is réquired to pass the réquested action.  3. Motion to approve (approve with conditions) (deny) the Conditional Use Permit for Wholesale storage of household hazardous waste at the property indentified as Parcel  1 41  C.B Background Property Owner:  Gary & Barbara Sparks 32201 Taylorsville Road Lenoir, NC28645    Applicant:  STAT, Inc. 3062,Eli Eane Hudson, NC:28638  Spartan Drive 2776-24-8991 2.67 acres HB 731  Property Address: Property Parcel Number: Parcel Size: Zoning District: Proposed Use:  Wholesale storage ofh household hazardous waste  T.tw  2'  The Sawmills Zoning regulations require a Conditional Use Permit must beapproyed 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. Findings of Fact  AS  To grant a permit for a Conditional Use the following finding of fact must all be found in 1. The use will not affect the health or safety of persons residing or working in the 2. The use will not be detrimental to the publiç welfare op injurious to. property or public  the affirmative by the Town Council. neighborhood ofthe proposed use. improvements in the neighborhood. E.Staff Recommended Findings of Fact neighborhood of the proposed use.  :  The use will not affect the health or safety. of persons residing or working in the w. The proposed use ofa household hazardous waste site,will not affect the health. or safety. ofthe persons residing or working in the neighborhood, The site is only a drop-off The use will not be detrimental to the publiç welfare or injurious to property or The proposed use ofa household hazardous Waste site will not be detrimental to public welfare or injurious to property or public improvements in the neighborhood. The proposed use will benefit the Town as a whole by removing some hazardous waste from  location. No permanent disposal will be done at this site. public improvements in the neighborhood.  the area landfills.  2    F.Additional Information Waste Management  Information from the NC Department of Environment and Natural Resources,  Household Hazardous Waste (HHW)  Did you know that the average US household generates about 30 pounds of household hazardous waste per year? And did you know that the United States generates abgut. 1.6. million tons each year? So what's HHW and how can you make a difference? For most of, us, a glande undér the" kitchen sink is a good way to start identifying the HHW in our HHW is hazardous material that has alréady been used or can no longer be used. Ifnot disposed of properly, it can pose a threat to human health and the environment.  lives.  j  It's Hazardous and It's in Your House  You'll be amazed to discover how.: many hazardous chemicals you store in your. home! Household maintenance products likerpaint, thinners and glues make up more than a third of the HHW in our daily garbage. Anything from household cleaners and batteries to  personal care products like nail polish, polish remover and hair  make the other up  :  spray  two thirds.,  :  Vehicle care requires grease and oil, which are hazardous products and gardener use pesticides and fertilizers., Keeping our pets pest-frèe requires hazardous chemicals and that lighter fluid you used to start your grill is hazardous, too. Pool chemicals and pharmaceutiçals takè 'us from the backyard to the medicine chest and there are lots of others in between.Learing about household hazardous wastes, reducing the amount used, and using.non-hazardous alternates are steps we can all take to reduce the waste we  put in our local landfills. Reduce, Reuse, and Recycle!  Most folks think the three Rs apply to solid waste, but they can be just as effective with HHW. HHW can be reused and recycled if it is brought to. a HHW waste collection center. Many counties in NC have HHW collection cènters. Check the list to find one near you. HHW collection sites consolidate-wastes for reuse, such as donating paint to Habitat for Humanity or by using hazardous wastes as a fuel. Many HHW collection Reducing the amount of waste you generate in the first place is the best option of all. You can easily do this by using less hazardous alternates. Baking soda and water make a great mild. abrasive cleanser. Windows can be cleaned with a vinegar and Water mix and then wiped dry with old newspapers. In fact, most cleaning. jobs can be done using liquid soap and borax (found in the detérgent aisle). For more ideas on how to reduce the amount of  centers also accept used oil and sO do many auto parts retailers.  HHW you create, check the chart below,  3    Common Household Hazardous Waste with Disposall Information' and Alternatives  Substance Rodent bait  Problem Lethal  Disposal  Alternatives  Use up or bring to HHW Cats, traps  collection site collection site collection site. Wash down with lots of colléçtion site collection site  Insect repellent Poisonous Use up or bring to HHW Screens, marigolds; :  rosemary, garlic pyrethrins, ladybugs boiling waten 1  Herbicidès, insecticides, fungicides Drain çleaner Oven cleaners Toilet cleaner Sppt remoyer Silver polish  :  Poisonous Use up or bring to HHW Hand pick. or hose,  Corrosive water or bring to HHW Baking soda, vinegar, and Corrosive Use up or bring to HHW Salt and ammonia Poisonous Wash down-with water: Mild-detergentand bleach    4iyieti  oyernight, : AHIEN alcohol re : HT and aluminum foil. Toothpaste  : teas, marigolds need i. 't. Potpourri E  Use up or bringtoHHW- Cold Wâtèr anddetergênt Use up or bring to HHW Water, baking soda, salt  Poispnous collection site Poisonous collection site  Furniture polish Poisonous Use up or. bring to HHW L'emon dil and mineral oil  çollection site collection'site. litter  Dyes Paint Air freshener cleaner Antifreeze  Poisonous Use upor bring to HHW Vegetable dyes like onion, Flammable Allow to air dry, mix with Datéx,' 'buy only what you  Numb nasal Wrap in plastic  tissue  Brass,and. copper Poisonous Use up or bring to HHW, Lemon juicé and salt  çollection.site collection sité I : collection site  Poisonous Usé uporb bring to HHW.* None  Oil and oil filters Poisonous Use up or bring to HHW Drain oil filters  G. Potential Conditionals  The Board may. place conditions on the use as part of the approval to assure adequate mitigation measures as associated with the use. The conditions shall become part. of the. Conditional Use Permit approval and shall be included in the final site plan application.  4    Potential Conditions:  No disposal of hazardous on site. Drop off location only.  All State, Federal and Local rules and regulations concerning the waste products that are handled must be followed, Any violation of any such law or rule would Acopy of the annual report on Household Hazardous Waste collected must also be submitted to the Town. * a atemsof os ho been  automatically revoke the permit.  Specify Counties or jurisdictions ofcollection. Proof of adequate insurance.  tokenan  H. Attachments 1. Application 2. Zoning Map 4. EPA Brochure  3. Property Owner and Adjacent Property Owner Public Notice Letters  5    A s  E  o    Planning Department Genéral Application Form  (NatforSite Plan Review Submittals)  Typeo ofAction Requested: Appeal Conditional Use Permit Zoning' Text Amendment  Variance Zoning Map Amendmeat  Applicant STATIogd Owner Bamy SparedBobra  Address Boa EL Lone hudsnO,NCAR Telephone Sa-846-8304  Address 8aDQyosilld. Ienr,NCR5  Telephone. MAx-754-235  Legal relatioshipofapplieaint to property owrer. Same  Property location, SpanonDie Hudson,NC a6b36  district HB  greage ofSite_ 2.67  leant  Owner  AR  T  Signature of Applicant For StaffOnly; Filing Fee: $5D.00  Signature of Property Owner  Receipt #  Application No.: CuR-0B-11 Date Submitted (Complete):    0E  Town of Sawmills  CONDITIONAL USE APPLICATIONFORM  1, barny Sporis proposed property use: HHWS  hereby petition the Board of Adjustment for a  CONDITIONAL USE/PERMIT as required in the Code of Ordinances for the following The location of the above-mentioned proposed use is indicated on, the. accompanying site Husehold Hotardas WASK Sk fhc Caldweik:  and the nature of the proposed use is more fully describedasf follows:  plan,  Ond adgpining (aunkes.  APPROVAL CRITERIA  The Board of Adjustment does not have unlimited discretion in deciding whether to conditional use permit The Code of Ordinances requires fhat. the applicant demonstrate. approve successful compliance with several conditions to obtain a conditional use permit. In the spaces provided below, indicate thefactr that you intend to provide. to çonvince the Board that it can A. The proposed conditional usewill not adversely affect the health orsafety of persons residing or working in the neighborhodd ofthe proposed use. Moitwilln. Tt illjus p Advpoff Jomhbn.Any AegadslOnnea  a  properly teach the following required conclusions:  dosignid TSDF.  'h  B. The proposed conditional ase will nat be detrimental to the public.  Mo itwill QChuallu hercht MLAN.TL wll hifcme Ch7em 0L (oldwell (anhysom Honordous Wosk will Anl upinar landhlls    C. The proposed conditional use will not be injurious to property or public improvements Twill bencht HL puperty and malg ik D0Ou  in the neighborhood.  Andl impye He layr.  D. Compliance with any other applicable Sections of this Ordinance.  Newillhe in(omphancwMn Ony ordimnee  Motis Appifonv.  Icertify that all of the information presented in this application is accurate to the best of my  knowledge, information, and belief.  gature of Propertyowner BIL  The Board may place conditions on the use requested as part of thè approval to assure. that  adequate mitigation measures are associated with the usé.  Required: d Feé:"  Please' refer to fee schedule to determine applicable fees.  Fèes are tonrefundableandi help to cover administrative and notification costs.  rrgy  STAFF USE ONLY  bandaral  Scheduled BoattofAtjustment Public Hearing date: Jo/18/  Dates advertised in newspaper: Date written notices mailed: Couhcil decision: Conditions:  and  Date written notice sent to applicant:    e  Jededp pepfoay eey euyowo sseo0id seunsuosysod %00L uos S4uI peseg 1O eqejebeA 41AA. pajuud  "ayes SI SANOA a1AS axew 'SEaJE abeios 1ayjo pue abereb wawaseg ayl Vj sjonpoad IAHEy AeuawwO4yAwA 1o spunod 001 se yonw se aAEY MEO awoy abeaAe : ay  Msojob ede MWA 900ZJagopo E10-903-DESVd3 O0ES esn BBAVd Jaj Ayeued ssausng jpyo 09102 D0' 'uo,buyseM (dsDEs) Kouaby uoppajoid ejueuuosaus sajes paun Vd6  3 a 3  GENC'    3  am    Agenda Item 10   DIR  d  ORPORATED  Town of Sawmills Staff Report November 9, 2011 TO: FROM:  November 15, 2011 Town Council Meeting  Mayor and Town Council Emily Hines, Town Planner  SUBJECT: Consideration ofa Conditional Use Permit for an accessory dwelling  A. Actions Requested by Town Council 1. Motion to accept the evidence as presented 2. Motion to approve the Finding of Facts an accessory dwelling on NCPIN: 2755-97-8343 B.] Required Votes to Pass Requested Action A majority vote: is required to pass the requested action.  3. Motion to approve (approve with conditions) (deny) the Conditional Use Permit for  C/Background Property. Owner:  Gay. Barr Campbell 1373 May Road Granite Falls, NC28630 Ronald McCracken 1369: May Road Granite Falls, NC28630  Applicant:    Property Address: Property Parcel Number: Parcel Size: Zoning District: Proposed Use:  May Road 2755.97-8343 2:669 acres RA-20 Accessory Dwelling  The Sawmills Zoning regulations require a Conditional Use Permit must be approved by the Town Council to have an accessory dwelling. The applicant is requesting approval for an accessory dwelling for a family member. The Ordinance requirés the following (a) The accessory dwelling shall not exceed fifty (50) percent of the square footage oft the (b) The accessory dwelling shall meet all the setback requirements of a principal use. (c) The exterior of the accessory dwelling shall be compatible with the principal residence in terms of color, siding, roof pitch, window detailing, and roofing (d) Accessory dwellings shall only be allowed on parcels that contain owner-occupied  conditions be met:  livable area ofthe principal structure.  materials.  single-family dwelling units.  D.F Findings of Fact  To grant aj permit for a Conditional Use't the following finding of fact must all be found in 1. The use will not affect the health or safety of persons residing or working in the 2. The use will not be detrimental to the public welfare or injurious to property or public  the affirmative by the Town Council. neighborhood ofthe proposed use. improvementsi in the neighborhood. E. Staff Recommended Findings of Fact neighborhood of the proposed use. residential dwelling in the area.  The use will not affect the health or safety of persons residing or working in the The use is ar residential dwelling that will meet all ofthe health regulations on any other  2    The use will not be detrimental to the public welfare or injurious to property or The use is required to be designed in a manner that is similar to the existing residential structure. The existence of another residential use will not be detrimental to the public.  public improvements in the neighborhood.  F.F Potential Conditionals  The Board may place conditions on the use as part of the approval to assure adequate mitigation measures as associated with the use. The conditions shall become part of the Conditional Use Permit approval and shall be included in the final site plan application.  G.A Attachments 1. Application 2. Zoning Map  3. Property Owner and Adjacent Property Owner Public Notice Letters  3    DHIERN  o  CORPORATED  Planning Department General Application Form  (Notfor Site Plan Review Submittals)  Type of Action Requested: Appeal Conditional Use Permit Zoning Text Amendment  Variance Zoning Map Amendment  *  Applicant e Mehnacbn Owner GaBore Comphue  Address 1369_ApyRL Kagat Talh nc Telephone 212-2734 Legal relationship ofapplicant to property owner.  Address 13773 moRA  Granite FaN,NCS630  Telephone 3/3-0760 Son  Property location  moRd  Tax /8785.92-3Brpihe district RA-30 Acreage of Site 8,63  Anz Mebcku Signature of Applicant Signature of Applicant For Staff Only: Filing Fee: $50.00 Application No. Cupg2-1  Signature of Property Owner Signature of Property Owner  Receipt #  Date Submitted (Complete): 10/B/11    io B CORPORATED 1B88 Town of Sawmills  S  CONDITIONAL USE. APPLICATION J FORM  hereby petition the Board of Adjustment for a  CONDITIONAL USE PERMIT as required in_the Code of Ordinances for the following proposed property use: traprsEA. The location of the abovementionedploposad use is-indicated on the accompanying site plan, and the nature oft the proposed use is more fully described as follows:  CCcapd-g  Dell Berilak  /  Pha Ceaphlk disk  Mty k Canfps hen  E  APPROVAL CRITERIA  The Board of Adjustment does not have unlimited discretion in deciding whether to approve a conditional use permit. The Code of Ordinances requires that the applicant demonstrate successful compliance with several conditions to obtain a conditional use permit. In the spaces provided below, indicate the facts that you intend to provide to convince the Board that it can A. The proposed conditional use will not adversely affect the health or safety of persons Paoflaton meghlas- Acauspn ow 3.69ac hs A fmemanyHar  properly reach the following required conclusions:  residing or working in the neighborhood of the proposed use.  B. Thep proposed conditional use will not be detrimental to the public.  gtkikf -  ha  hone  $4    C. The proposed conditional use will not be injurious to property or public improvements  in the neighborhood. Mo1- Well behind  pnpmy Rd PlyRl.  duellingys  4E  D. Compliance with any other applicable Sections of this Ordinance.  Icertify that all of the information presented in this application is accurate to the best of  knowledge, information, and belief.  my  Signature ofProperty Owner RAhb  The Board may place conditions on the use requested as part of the approval to assure that  adequate mitigation measures are associated with the use.  Required: * Fee:  Please refer to fee schedule to determine applicable fees.  Fees are nonrefundable and help to cover administrative and notification costs.  STAFF USE ONLY  Joon Counc.  Scheduled BeardofAtjustment Public. Hearing date: H/s/  Dates advertised in newspaper: Date written notices mailed: Council decision: Conditions:  and  Date written notice sent to applicant:        OFSA  MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  JAPORATED  October2 27,2011 Ralph Phillp Zuzolo Sr and Jr POE Box 375 Granite Falls, NC 28630  RE: Conditional Use Permit Application Dear Mr. Zuzolo Sr. and Mr. Zuzolo Jr.,  Property you own is adjacent to property requesting a Conditional Use Permit for an accessory dwelling. Ronald McCracken is requesting the Conditional Use Permit for property located at 1373 May Road and more specifically identified as NC PIN 2755-97-8343. The The Sawmills Town Council will hold a quasi-judicial public hearing on November 6:00 PM at the Sawmill Town Hall to review this request. This request will not 15,2011 change the zoning of your property. You are being notified as an adjacent property owner. You are invited to come to the quasi-judicial public hearing on November 15, 2011 to  zoned RA-20.  property is  at  any pertinent facts to the Council for or against the request. Please let me know ify you have any questions. Ican be reached at asdbmhnussamien or 800- 650-3925.  present  Sincerely,  Emily Hines Town Planner Town ofSawmills  Town ofSawmills pbasmmhsmmilisen  4076 US Highway 321-A * Sawmills NC (828)396-7903 (828)396-8955 fax  The Town ofSawmills does not discriminate ont the basis of age. sex, race, religion, national origin, disability, political afliliation, or marital status.    OFSA  MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  CORPORATED  October2 27,2011 James R Cash 1385 May Road Granite Falls, NC 28630  RE: Conditional Use Permit Application  Dear Mr. Cash,  Property you own is adjacent to property requesting a Conditional Use Permit for an accessory dwelling. Ronald McCracken is requesting the Conditional Use Permit for property located at 1373 May Road and more specifically identified as NC PIN 2755-97-8343. The property is The Sawmills Town Council will hold a quasi-judicial public hearing on November 15,2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner. You are invited to come to the quasi-judicial public hearing on November 15, 2011 to present  zoned RA-20.  any pertinent facts to the Council for or against the request. Please let me knowi if you have any questions. Ican be reached. at nnsAbpmrgimisgse or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town of Sawmills plsvpwphsmisuny  4076 US Highway 321-A * Sawmills NC * (828)396-7903 (828)396-8955 fax  The Town of Sawmills does not discriminate ont the basis of age, sex, race, religion, national origin, disability, political affiliation, or marital status.    OFS  MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  PORATED  October 27,2011 Myron Hawn 1352 May Road Granite Falls, NC28630  RE: Conditional Use Permit Application  Dear Mr. Hawn,  Property you own is adjacent to property requesting a Conditional Use Permit for an accessory dwelling. Ronald McCracken is requesting the Conditional Use Permit for property located at 1373 May Road and more specifically identified as NC PIN 2755-97-8343. The property is The Sawmills Town Council will hold a quasi-judicial public hearing on November 15,2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner, You are invited to come to the quasi-judicial public hearing on November 15, 2011 to present  zoned RA-20.  any pertinent facts to the Council for or against the request. Please let me know ifyou have any questions. Ican be reached at ékpindsimanssn or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town of Sawmills pvpehsemiisey  4076 US Highway 321-A * Sawmills NC (828)396-7903 *(828)396-8955 fax  The" Town ofSawmills does not discriminute ont the basis ofage, sex, race, religion, national origin, disability, political affiliation, or marital status.    OFSA -t  MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  OAPORATED  October 27,2011 Ronnie Lee Annas 1387 May Road Granite Falls, NC 28630  RE: Conditional Use Permit Application  Dear Mr. Annas,  Property you own is adjacent to property requesting a Conditional Use Permit for an accessory dwelling. Ronald McCracken is requesting the Conditional Use Permit for property located at 1373 May Road and more specifically identified as NC PIN 2755-97-8343. The property is The Sawmills Town Council will hold a quasi-judicial public hearing on November 15,2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner. You are invited to come to the quasi-judicial public hearing on November 15, 2011 to present  zoned RA-20.  any pertinent facts to the Council for or against the request. Please let me know if you have any questions. Ican be reached at néhpmIcaTEs or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town ofSawmills phemhsunilisan  4076 US Highway 321-A * Sawmills NÇ *(828)396-7903 *(828)396-8955 fax  The Town ofs Sawmills does not discriminate ont the basis of age, sex, race, religion, national origin, disability, political afliliation, or marital status.    OFS  MAYOR Bob Gibbs TOWN. ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  ORPORATED  October 27,2011 Thelma Lucille Dale 4496 Sawmills School Road Granite Falls, NC28630  RE: Conditional Use Permit Application  Dear Mrs. Dale,  Property you own is adjacent to property requesting a Conditional Use Permit for an accessory dwelling. Ronald McCracken is requesting the Conditional Use Permit for property located at 1373 May Road and more specifically identified as NC PIN 2755-97-8343. The property is The Sawmills Town Council will hold a quasi-judicial public hearing on November 15, 2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner. You are invited to come to the quasi-judicial public hearing on November 15, 2011 to present  zoned RA-20.  any pertinent facts to the Council for or against the request. Please let me know ifyou have any questions. Ican be reached at netsinanplmnisn or 800- 650-3925.  Sincerely,  Emily Hines Town Planner Town ofSawmills  Town of Sawmills itipwww.townofsawmils.com  4076 US Highway 321-A * Sawmills NÇ * (828)396-7903 (828)396-8955 fax  The Town of Sawmills does not discriminate on the basis ofage, sex, race, religion, national origin, disability. political affiliation, or marital status.    OFSA 4 VM  MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  ORPORATED  October 27,2011 David & Catherine Stokes 1380 May Road Granite Falls, NC 28630  RE: Conditional Use Permit Application Dear Mr. and Mrs. Stokes,  Property you own is adjacent to property requesting a Conditional Use Permit for an accessory dwelling. Ronald McCracken is requesting the Conditional Use Permit for property located at 1373 May Road and more specifically identified as NC PIN 2755-97-8343. The property is The Sawmills Town Council will hold a quasi-judicial public hearing on November 15,2011 at 6:00 PM at the Sawmill Town Hall to review this request. This request will not change the zoning of your property. You are being notified as an adjacent property owner. You are invited to come to the quasi-judicial public hearing on November 15, 2011 to present  zoned RA-20.  any pertinent facts to the Council for or against the request. Please let me know if you have any questions. Ican be reached at hndhshmisimaign or 800-650-3925.  Sincerely,  Emily Hines Town Planner Town of Sawmills  Town ofSawmills pavpmsmilsan  4076 US Highway 321-A * Sawmills NÇ *( (828)396-7903 *(828)396-8955 fax  The Town ofSawmills does not discriminate ont the basis ofa age, sex, ruce, religion, national origin, disability. political affiliation, or marital status.    Agenda Item 11  DFSANIEI  s  CORPORATED  Town of Sawmills Staff Report October 17,2011 TO: FROM:  November 15, 2011Town Council Meeting  Mayor and Town Council Members Emily Hines, Town Planner  SUBJECT: Consideration of an amendment to the Sawmills Zoning Map from  Highway Business to Residential High Density  A. Actions Requested by Town Council  1. Motion that that the request is (is not) reasonably necessary to the promotion of the 2. Motion to approve (approve with conditions) (deny) the rezoning request of property identified as 2669 Mission Road and more specifically identified as 2766-75-6689  public health, safety, and general welfare oft the Town of Sawmills.  from Highway Business to Residential High Density B. Required Votes to Pass Requested Action A majority vote is required to pass the requested action.  C. Background  Property Owner/Applicant:  Roger and Cynthia Bumgarner 2669 Mission Road Hudson, NC28638 2669 Mission Road  Property Address:    Property Parcel Number: Parcel Size:  2766-75-6689 .94 acres  Existing Zoning District: Proposed Zoning District: D. Recommendation  H-B, Highway Business R-15 Residential High Density  At their meeting on October 11, 2011, the Planning Board recommended that the request is1 reasonably necessary to the promotion of the public health, safety, and general welfare of the Town of Sawmills. They also recommended approval of the rezoning request for the property identified as 2669 Mission Road and more specifically identified as 2766-  75-6689. Both motions passed unanimously.  E.Attachments 1. Application 2. Zoning Map  2    a a    OFSAVNE  OAPORATED  Planning Department General Application Form  (Nat/ for Sile Plan Review. Submitals)  Type of Action Requested: Appeal Conditional Use Permit Zoning Text Amendment  Variance Zoning Map Amendment  -  Applicant Rogur bumgare Owner Roger Bumganer  Address dldoissipk Hadncois Telephone 828-376-9939  Address al69 Missio-fd Hudas,ear Telephone 828-396-9935  Legal relationship ofapplicant to property owner Self  Property location d9m:stoR Hudsop Yc 0-8638  Taxparcel 03 40A73 Zoning district E7  AcreageofSite_ 178EF  Dgubmgan Signature of Property/Owner  Properly  AAL A6  For StaffOnly: Filing Fee: $650.00 Application No.:_ 11-.1  Receipt #  Date Submitted (Complete): 9/15/u    OFSAWM  OAPORATED  APPLICATION FORAMENDMENT TO THE  SAWMILLSZONING MAP  Property Identification Number(s): D3 42A73  (attach separate list ifnecessary) Present zoning classification: HB Requested zoning classification: R15  Number of parcels:   Approximate size ofarea: 0.94428584  Physical location ofarea: 2669 miosiens Ea,  Are public utilities available? Hes  Reason for map amendment this is Reisidendl.W bousht homme oN this landane w Yesios hew.would Lhet  builow. Applgant(s):  The above information is true and accurate to the best of my knowledge. Signature of  Zigubengan Gpk Henyaen (attach separate sheet ifnecessary)  Fee: Please refer to fee schedule to determine applicable fees. All fees are nonrefundable and  administrative and notification costs.  help to cover    AGENDA ITEM 12  MEMO DATE: SUBJECT:  November 10, 2011 Planning Matters: Planning Commission Appointments  Discussion:  As you may recall, during the October 18, 2011 Council meeting Town Planner Emily Hines stated that there are two vacant seats open for Alternate Planning Commission members and she recommended appointing one from inside the Town Mayor Gibbs asked the Council think of some recommendations to fill the two vacancies as alternates on the Planning Commission and no one had any  limits and one from the E.T.J. (Extra-Territorial. Jurisdiction).  recommendations at that time.  After the meeting was over Administrator Eckard was approached by Martha Verdie Ann Warren who lives on Baker Circle whom stated she would be willing  to serve as an alternate Planning Commission Member.  Recommendation:  Staff would recommend Council decide ifthey would like to appoint Miss Warren to serve as an alternate Planning Commission member residing in the Town limits,  as well as discuss any other recommendations at this time.    AGENDA ITEM 13  MEMO DATE: SUBJECT:  November 10, 2011 Financial Matters: Employee Longevity Pay  Discussion:  As you are aware, the Town ofSawmills has an employee longevity pay plan that  is paid out during the first pay period in December.  The pay schedule is as follows:  21 or more years 16-20 years 10-15 years 6-9 years 2-5 years 71 months -1 year r months-omonths  $750.00 $600.00 $450.00 $300.00 $150.00 $50.00 $0.00  Recommendation:  There are sufficient funds in the budget to cover this expenditure and staffwould recommend that Council approve the issuance of longevity paychecks to Town  employees.    AGENDA ITEM 14A  MEMO DATE: SUBJECT:  November 10, 2011 Updates: Code Enforcement Monthly Report  Discussion:  Mayor Bob Gibbs will update Council on the attached report showing the that Sawmills Code Enforcement Officer Tony Cline continues to make progress  the town.  throughout  Recommendation: No Council action is required.            Town of Sawmills Office and Public Works 2011 Holiday Closings and Trash Pick Up Schedule  Thanksgiving 2011 Office and Public Works Closing and Trash Pick Up Schedule  Closed Closed Re-Open Monday Tuesday Wednesday Thursday  Thursday, November 24" Friday, November 25!h Monday, November 28" @8:00 a.m. Your Trash Will Be Picked Up On:  IfYour Trash is Picked Up On:  Monday Tuesday Wednesday Wednesday  There Will Not Be Extra Trash Pick Up On Friday The Week of Nov. 21"-Nov.25" Christmas 2011 Office & Public Works Closing and Trash Pick Up Schedule:  Closed (IfCouncil Approves)  Friday, December 23" @ 12:00 Noon Monday, December 26" Tuesday, December 27" Wednesday, December 28" @ 8:00 a.m.  Closed Closed Re-Open Monday Tuesday Wednesday Thursday  IfYour Trash is Picked Up On: Your Trash Will Be Picked Up On:  Wednesday Wednesday Thursday Friday  There Will Be Extra Trash Pick Up On Friday The Week of Dec. 19"-23", There Will Not Be Extra Trash Pick Up On Friday The Week ofDec. 26"-Dec. 30"!  News Year's? 2012 Office and Public Works Closing  Closed Re-Open Monday Tuesday Wednesday Thursday  Monday, January 2'd Tuesday, January 3" @ 8:00 a.m.  IfYour Trash is Picked Up On: Your Trash Will Be Picked Up On:  Tuesday Wednesday Thursday Friday