AGENDA Sawmills Town Hall Tuesday, December 20, 2011  Regular Meeting ofthe Sawmills Town Council  6:00P.M.  1. 2. 3. 4. 5.  Call To Order Invocation Pledge of Allegiance  Mayor Bob Gibbs Pastor Rick Crouse Mayor Bob Gibbs Mayor Bob Gibbs Councilwoman Gerelene Blevins Councilwoman Beverly Fry Administrator Seth Eckard Mayor Bob Gibbs  Approval ofNovember 15th Regular Meeting Minutes  Recognitions: A. Yard oft thel Month Winners B. Recycle Rewards Winner  6. 7. 8. 9. 10. 11. 12.  Planning Matters: Alternate Planning Commission Member Appointment  Outgoing Council Comments  Adjourn  Mayor Bob Gibbs Town Clerk Susan Nagle Mayor Bob Gibbs Mayor Bob Gibbs Mayor Bob Gibbs  Oath ofOffice for New Council Members  Call to Order Adopt Agenda Organizational Matters: A. Seating Arrangements B. Election ofMayor Pro-Tem C.Committee Assignments D. Council Ethics and Code of Conduct Council Retreat  13. 14. 15. 16. 17.  Administrator Seth Eckard Administrator Seth Eckard Emily Hines  Adopt Resolution Approving the Electronic Auction of Surplus Property Planning Matters: Request for Approval ofMay Minor Subdivision Financial Matters: Call for al Public Hearing: Apply for a Community Development Block Grant (CDBG) for Sewer Project A. Code Enforcement Monthly Report B. Administrator's Report Public Comment Adjourn  Updates:  Mayor Bob Gibbs Administrator Seth Eckard Mayor Bob Gibbs Mayor Bob Gibbs  18. 19.    Page 1of19  TUESDAY,NOVEMBER 15, 2011  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 P.M.  COUNCIL PRESENT Bob Gibbs Gerelene Blevins Beverly Fry Donnie Potter Joe Wesson COUNCIL ABSENT Joe Norman  STAFF PRESENT Seth Eckard Susan Nagle Terry Taylor  CALL TO ORDER: Mayor Bob Gibbs called the meeting to order. INVOCATION: Pastor John Greene 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. Onam motion made by Gerelene Blevins, and seconded by Joe Wesson, the agenda was APPROVAL OF OCTOBER 18th REGULAR MEETING MINUTES: Mayor Gibbs asked for ai motion to approve the October 18, 2011 regular meeting minutes. On a motion made by Joe Wesson, and seconded by Donnie Potter, the minutes were FY 2010-2011 AUDIT PRESENTATION: Rick Hammer and Jim Lowdermilk with Lowdermilk Church & Co., LLP, presented to Council the 2010-2011 Town audit. Mr. Hammer stated that the Town received a clean audit and commended staff and  adopted. All were in favor.  approved. All were in favor.  Council on their efforts to maintain a strong fund balance.  No Council action is required.    November 15, 2011 Page 2 of19  RECOGNITIONS:  YARD OF THE MONTH WINNERS: Mayor Pro-Tem Gerelene Blevins stated that Richard McDowell from the 28630 zip code and Councilwoman Beverly Fry stated that Audrey Bare along with Gwendolyn Mason from the 28638 zip code was the yard ofthe month winners for November. Mayor Gibbs stated Audrey Bare and Gwendolyn Mason are not present tonight and they may pick up their picture and certificate at the Town Hall  att there convenience. No Council action is required.  RECYCLE REWARDS PROGRAM WINNER: Town Administrator Seth Eckard would like to congratulate Bobby Webb on winning the Recycle Rewards Program for November. Administrator Eckard stated since Mr. Webb is not in attendance he may pick up his certificate at the Town Hall at his convenience and he will receive a $25.00  credit on his sanitation bill. No Council action is required.  QUASIJUDICIAL PROCEDURE: Town Planner Emily Hines discussed with Council the procedure for Quasi-Judicial proceedings including what the process for a Conditional Use Permit is and how this is different from what Council normally does. COUNCIL ACTION: REQUEST FOR A CONDITIONAL USE PERMIT FOR WHOLESALE STORAGE OF HOUSEHOLD WASTE ON PARCEL 2776-24- READING OF MINUTES: Mayor Gibbs asked Town Planner Emily Hines to read the minutes oft the October 18, 2011 meeting on the request for a Conditional Use Permit for wholesale storage of household waste on parcel number 2776-24-8991. Planner Hines stated Council tabled this matter at the October meeting and the minutes from that meeting will need to be read. Planner Hines read the minutes of the October 18, 2011 STAFF REPORT: Planner Hines stated the staff report you have in front of you is that the property owner is Garry and Barbara Sparks. Their address is 3220T Taylorsville Road Lenoir, North Carolina 2865. The applicant is STAT, Incorporated 3062 Eli Lane Hudson, North Carolina. The property is located on Spartan Drive parcel number 2776- 24-8991 and has approximately 2.67 acres. The property is zoned Highway Business and the proposed use is for wholesale storage of household hazardous waste. The Sawmills zoning regulations requires that a Conditional Use Permit must be approved by the Town Council to have wholesale storage of gasoline and oil products, including bottled gas and  8991:  regular Council meeting for the record.  oxygen,    November 15, 2011 Page 3 of19  The applicant is requesting approval for a household hazardous waste site. There are two findings of fact that have to be met. The first one is the use will not affect the health or safety of persons residing or working in the neighborhood of the proposed use. Staff recommended finding 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-offlocation. No permanent disposal will be done at this site. The second finding that has to be met is that the use will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood. Staff recommended finding is that the proposed use of a household hazardous waste site will not be detrimental to the public welfare or injurious to property or public improvements to the neighborhood. The proposed use will benefit the Town as a whole by removing some hazardous waste from the area landfills. The next part of the staff report Planner Hines included additional information from the North Carolina Department of Environment and Natural Resources Waste Management Division. Household hazardous waste: did you know that the average US household generates about thirty (30) pounds of household hazardous waste per year? And did you know that the United States generates about 1.6 million tons cach year? So what is household hazardous waste and how can you make a difference? Formost ofus, a glance under the kitchen sink is a good way to start identifying the household hazardous waste in our lives. Household hazardous waste is hazardous material that has already been used or can no longer be used. Ifnot disposed ofproperly, it can pose a threat tol human health and the environment. Itis hazardous and it is in your house: you will be amazed to discover how many hazardous chemicals you store in your home! Household maintenance products like paint, thinners and glues make up more than a third of the household hazardous waste in our daily garbage. Anything from household cleaners and batteries to personal care products like nail polish, polish remover and hair spray make up the other two-thirds. Vehicles care requires grease and oil, which are hazardous products and gardener use pesticides and fertilizers. Keeping our pets pest-free requires hazardous chemicals and that lighter fluid you used to start your grill is hazardous, too. Pool chemicals and pharmaceuticals take us from the backyard to the medicine chest and there are lots of others in between. Learning 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 R's apply to solid waste, but they can be just as effective with household hazardous waste. Household hazardous waste can be reused and recycled ifit is brought to a household hazardous waste collection center. Many counties in North Carolina have household hazardous waste collection centers. Check the list to find one near you. Household hazardous waste collection sites consolidate wastes for reuse, such as donating paint to Habitat for Humanity or by using hazardous wastes as a fuel. Many household hazardous waste collection centers also accept used oil and SO do many auto parts retailers. 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 detergent aisle).    November 15, 2011 Page 4of19  For more ideas on how to reduce the amount of household hazardous waste you create, check the chart below. In the chart below from the State, lists a number of common household hazardous waste. AndIincluded it sO you can kind ofsee what we are talking  about.  Common Household Hazardous Waste with Disposal Information and Alternatives  Substance Rodent bait  Problem Lethal  Disposal  Alternatives  Use up or bring to HHW Cats, traps  collection site collection site  Insect repellent Poisonous Use up or bring to HHW Screens, marigolds,  rosemary, garlic pyrethrins, ladybugs boiling water overnight alcohol and aluminum foil. Toothpaste  Herbicides, insecticides, fungicides Drain cleaner Oven cleaners Toilet cleaner remover Spot Silver polish  Use up or bring to HHW Hand pick or hose,  Poisonous collection site  Wash down with lots of collection site collection site collection site  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 detergent and bleach  Use up or bring to HHW Cold water and Use up or bring to HHW Water, baking soda, salt  Poisonous  detergent,  Poisonous collection site  Furniture polish Poisonous Use up or bring to HHW Lemon oil and mineral oil  collection site  Use up or bring tol HHW Vegetable dyes like onion,  Dyes Paint Air freshener cleaner Antifreeze  Poisonous collection site  teas, marigolds need Potpourri  Flammable Allow to air dry, mix with Latex, buy only what you  litter  Numb nasal Wrap in plastic  tissue  Brass and copper Poisonous Use up or bring tol HHW Lemon juice and salt  collection site collection site collection site  Poisonous Use up or bring to! HHW None  Oil and oil filters Poisonous Use up or bring to HHW Drain oil filters    November 15, 2011 Page 50 of19  These are things such as rodent bait, insecticides, fungicides, drain cleaner, oven cleaners, toilet cleaner, spot remover, silver polish, furniture polish, dyes, paint, air freshener, brass and copper cleaners, antifreeze, oil and oil filters. 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. Staffpotential conditions are that no permanent disposal of1 hazardous waste 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 automatically revoke the permit. A copy oft the annual report on household hazardous waste collected must also be submitted to the Town and a statement from the applicant that all regulations are in compliance. The application must specify counties or the jurisdictions ofcollection and must show proof of adequate insurance. Based on those conditions staff recommends in favor of approving the Conditional Use Permit. You have in your packet the application, the zoning map, the letters that were sent out and also, a brochure from Mayor Gibbs stated the next thing we need to talk about is the findings of fact. Do any of Councilman Joe Wesson: If we: move forward with it and, I will stand behind this all the way. Iwant a condition that wel know which counties it is coming from exactly.  the EPA that tells you a little more about household hazardous waste.  you have any questions about such?  Councilman Donnie Potter: It's already in with this.  Town Planner Emily Hines: Yes!  Councilman Wesson: It said that, but it is not a condition you read.  Planner Hines: Ididn't list them because as you got from the last meeting he needed to talk to the group he was working with to specify exactly which counties. Ididn't want to Councilman Wesson: Right but, it will be a condition that only those counties that were  list them all and list them wrong. mentioned. Right? Planner Hines: Yes!  Councilman Wesson: Those Counties would be Burke and Catawba.  Planner Hines: Those are the ones he mentioned. Ididn't put those specifically in the staff report but you guys can. Ijust didn't know specifically which ones you wanted. I  didn'twant to limit you.    November 15, 2011 Page 60 of19  Councilman Wesson: That is what I want to do because, if we move forward with this I don't want it to come out and we're thinking it's going to be Catawba, it's going to be Burke, then it ends up being McDowell, then it ends up being sO and sO, then it ends up being South Carolina, then it ends up being Tennessee, and then we are a storage area for  all this stuff right here in Sawmills. Planner Hines: Iagree.  Councilman Wesson: Iwant a condition with Council agreement.  Councilman Potter He's taking the stuff today Joe! We don't know where it's coming from but he's been taking the stuff free at his current location. He's been taking it for years free of charge. People can go over there and we don't know where their coming Councilman Wesson: Right, but we need to know now though Donnie. We need to know!  from today.  Citizen: Can Ia ask a question? Mayor Gibbs: No, you can'tRichard.  Councilman Wesson: We need to know now and that's what I'm stressing on this thing because I don't want to get into writing a blank check on this stuff and if we move forward with itIw want a condition on there that it would be Catawba and Burke. Councilwoman Beverly Fry: I think we should only do Caldwell County because he stated in that one thing all the cars came and they dropped it offin Hickory. Idon'tthink they need to have increased traffic on that road where there's student driver's. It'sag good thing tol have a drop offbut Ijust don't think we should bring in other counties. Councilman Potter: Like you said in the meeting and, if you look at the verbiage, it's the first step. He doesn't have a contract today with Caldwell or anybody. So, it's a possibility that he could get this permit, set this site up and nobody participate. Counciwoman Fry: Well, Istill feel it should be limited to Caldwell County only, ifiti is done. This is a good thing to keep it out of the landfills, those types of items. That's a two lane road and there's student driver's and Ijust don't think there should be increased Councilman Wesson: Ithink it can be a good thing for the people of Caldwell County. Counciwoman Fry: Ijust don't think we should take in other counties. Catawba'salot  traffic from other counties.  larger than Caldwell.    November 15, 2011 Page 7 of19  Councilman Wesson: Idon't want it to say we don't put any stipulations on there and the next thing you know it's out of whack and coming from everywhere and then we have massive amounts we've got to deal with. Imean, it's a good thing for the people of Caldwell County; it's going to keep things out ofour water supply and cans are not going torust. Imean, It think you could have a plus to it. This is something I've battled with. I mean, Ireally have. Thinking about this deal here and all, it has pluses and minuses and like Is said, we need to know where it's coming from. We have dealt with stuff like that before; come into Caldwell County and nobody knew where it was coming from. It was Councilman Potter: Well, It think what you' 're seeing is, Idon'tt think that you're going to have a lot ofincreased traffic because somebody from Catawba County is going to bring two, three cans of paint over here, drive that far to drop off two, three cans of paint. I think what you're going to see is that they are going to have their household waste the days that you can bring it to a certain location in Catawba County then, STAT would go pick it up from there and bring it over. That's what Isee happening. Ido understand itis avery fine line because, you want to be concerned about the public welfare but, it's my understanding that nothing is changing from today except, instead ofhim taking the items where he's taking them today, he's 's just going to move it across the street and take them  just being hauled and whoever wanted to payi it would come in.  over there sO, he can separate it.  Counciwoman Fry: Well, he could get more though! Councilman Potter: Idon'tt think he will. He's already taking it.  Councilwoman Fry: Well, if he were taking a large amount he would already have storage over there for it. Imean if he's building more storage, he's going to be taking Councilman Potter: It think that's what is happening. He's already taking it. Councilwoman Fry: It think we should limit iti ifwe approve it.  more.  Councilman Potter: I know what you're saying and I see where you're coming from. Nothing is changing from what we're doing, what he's already doing today. Councilman Wesson: It's going to be taking in the same things but, I think why he's wanting more spaces is, sO he can open it up more to all the people ofthe county and, that Councilman Potter: Well, he's looking to get a contract with these other two counties.  is whatlunderstood.    November 15, 2011 Page 8 of19  Councilwoman Fry: I think he should have a plan of what to do if he has another accident, Imean he's had previous accidents. Ifhe has other accidents, he needs to have aj justified plan of what he's going to do too because, what if something happens and I'm not saying it would but, there's buses and students from other counties that are traveling Councilman Wesson: Well, I was thinking about concerns about everything. If, they do have a problem over there, the schools are going to be evacuated. That's going to be an inconvenience to start with plus we have the area around here. Ithought about it, and thought about it, and thought about it, and it's got a plus to it and I think it would be a benefit to the people eofCaldwell County but, in turn, ifwe don'thave something on there specifying exactly where it's going to come from we just opened the door up to say,just bring it on in from wherever, just you know who wants to pay. Ithink we have got to  right by there too.  have some stipulations.  Councilman Potter: They could do that today.  Mayor Gibbs: Okay! We can set conditions; the Council can set conditions on how the permit can be governed. So, ifyou want to put that in there as a Condition, Emily can put Councilman Potter: Well, I said it! One thing and I don't know Garry personally but I know that Garry has given a lot back to the community; he's given a lot back to the Town. Iknow he owns some property, he recently purchased some property outside of our county and there's fortyjobs over there, and if we don't try to work with him, there's arisk that he could just pack his forty jobs up and move them somewhere else. So, you have to be concerned about that as well. This is a tough decision don't get me wrong. I don't know that there's a right or wrong answer but we have to really look. In my opinion, the way I'm understanding it nothing is changing from what he's already doing Counciwoman Fry: That's not right. It doesn'tmake it right. He's been taking it in, and Councilman Potter: He's permitted to take it in; he can take it in today. He's asking to move the location just across the street. That's the only reason he'seven asking.  that in there as a condition. Ijust need a motion and a second.  today other then the fact, he's going to move across the street.  he'si increasing the amount.  Councilwoman Fry: And make it larger! Councilman Potter: No.  Counciwoman Fry: If, he's moving it to that location it's going to be larger. Councilman Potter: Ihave my opinion sO I'm done with it. Mayor?    November 15, 2011 Page9 of19  Councilman Wesson: Well, that's right. It's listed as household waste and Ihave no problem with that as long as it's stored where it's supposed to be stored. Councilwoman Fry: Isaid that's a good service. Ijust said we shouldn't do it for all the Councilman Wesson: Right. We don'tneed to do it for all them. It's originally listed to two and Iv would go with those two is it. Ifit comes from anywhere else, that it would be  Counties.  av violation ofwhat we agreed on and they would be a default. Planner Hines: Right that would be a condition.  Mayor Gibbs: You can set that as a condition. Ijust need you to make that in a motion,  and a second.  Councilman Wesson: Okay, Imake a motion. then you would make the conditions. Planner Hines: Right. Councilman Wesson: Okay.  Attorney Terry Taylor: Before you do that, we need to make findings of fact first, and  Attorey Taylor: To approve it with those conditions.  Councilman Wesson: Okay.  Attorney Taylor: So, first you would need to go over them,  FINDINGS OF FACT: Mayor Gibbs stated, okay the findings of facts are, and I'11 read  those.  Planner Hines: You can adopt the ones that Iread. Councilman Potter: She just read them.  Mayor Gibbs: She just read them, the findings of fact. You can adopt those findings of  fact.  Councilwoman Fry: Can I ask another question?  Mayor Gibbs: Yes.    November 15, 2011 Page 10 of19  Councilwoman Fry: The findings of fact said, the use will not affect the health or safety of the persons residing or working in the neighborhood oft the proposed use. The use will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood. How can we vote this as findings of fact when, we haven't disclosed the fact of how many fire's, and what they did when they had other fire's because, in the predicaments, and that's do to items that they already have over there which, might have been some oft the stufflike you said, he's already been taking in?  Mayor Gibbs: Terry?  Councilwoman Fry: That's just my question.  Attorney Taylor: Right but you want to consider other uses because, STAT is a totally different business. The only thing you can consider here before you today is this use. Councilwoman Fry: But, then you state there on one of these others that, you could have a fire in your home from that sO, Imean that's just coming into the question that's what I feel. Imean, they state in there that these items and they can, Imean people have fires in their home all the time. Imean, it's an accident nobody wants to do that but Ij just think Planner Hines: This is not disposing it; this is not a disposal site. This is strictly a drop  the findings of fact, in my opinion are: not correct.  off site for ninety days.  Councilwoman Fry: For ninety days, he can have it there.  Planner Hines: Yes.  Councilwoman Fry: Well, Imean that's just my question. Mayor Gibbs: Terry, where do we go from here?  Attorney Taylor: So, your findings of fact will be decided by a majority. It doesn't have  tol be everyone agrees.  Councilwoman Fry:Iunderstand that.  Councilman Wesson: If, we find the findings of fact, then we add the conditions?  Attorney Taylor: Yes.  Councilman Wesson: You don'tmake that in the same motion?  Mayor Gibbs: No.    November 15, 2011 Page 11 of19  Attorney Taylor: You make one: motion that your findings are that, that use and the two findings of fact are read into the record then, you go on to make your motion to either approve or deny. Ifyou find, that it does not affect the health or safety anymore than any other use that's currently existing then, you don't have a reason to deny the permit but Councilman Wesson: Well, one thing that Beverly said is we're trying to put our heads together and do what's best. This is a real delicate situation that we are dealing with but, household fire's and stuff come from some of this stuff, and if wel have a place to store it maybe, it will cut down on some household fires. That would be a big plus on that part.  you can certainly make conditions oni it.  Then, you have a place where it's.  Mayor Gibbs: Okay,Ineed a motion on the findings of fact.  Onan motion made by Donnie Potter, and seconded by Joe Wesson, Council approved the findings of fact. Those in favor of the findings of fact were Gerelene Blevins, Donnie Potter, and Joe Wesson. Those opposed to the findings of fact was Beverly Fry. The Mayor Gibbs: All right, and the next thing we need to do is we need to go to conditions. Councilman Wesson: I want to make a motion we do this with conditions, and the one I Planner Hines: Right, The Conditional Use Permit is just specifically for household  motion carries by a 3-1 vote.  believe that you already have on there is household items.  waste.  Councilman Wesson: What other conditions did you have on there?  Planner Hines: Ihad, that no permanent disposal of hazardous waste 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 such law or rule would automatically revoke the permit, a copy of the annual report on household hazardous waste collected must also be submitted to the Town and a statement from the applicant Councilman Wesson: Okay, that would be giving us the amounts that they took in for the  that all regulations arei in compliance.  year and the volume?  Planner Hines: Yes. What came in and how much. Councilman Wesson: That's what you had on there, right?  Planner Hines: And, specify the counties or. jurisdictions of collection in whichever one  you guys come up with.    November 15, 2011 Page 12 of19  Councilman Wesson: Because, Burke and Catawba was mentioned. That it be limited to  only those two Counties. Planner Hines: Okay.  Mayor Gibbs: Along with Caldwell County. Councilman Potter: Caldwell.  Councilman Wesson: Caldwell, Burke, and Catawba and that's it. Planner Hines: And proofofa adequate insurance.  Councilman Wesson: Right.  Councilwoman Fry: Can we not limit it to just Caldwell County?  Councilman Potter: There's forty jobs to think about. Another county would love to have Councilman Wesson: Well, I'm more concerned about the other things than I am of that Councilwoman Fry: Can we not have him make a plan to do if; he had some type of Councilman Wesson: My understanding of it was, and correct me ifl'm wrong. Now, the people of Caldwell County, it's not going to cost them anything to take it out there.  them. right now.  emergency that would be in relations to this? Does he not need a plan?  They take it out there, they unload it, and that's it. Councilman Potter: That's correct. Planner Hines: That's what he stated. Councilman Potter: That's what he stated.  Councilman Wesson: That's what he stated; now we need to hold him to it. But, Ithink to offset it that is why he included the other counties. And, he would be reimbursed. That's the way. I assume it. That it would offset what we were doing here in Caldwell  County sO that, we would get a free service on it.' Planner Hines: Iwould be assuming. fornot having to dispose it in the landfills.  Councilman Potter: It's going to save them money. It's going to save the county money,    November 15, 2011 Page 13 of19  Planner Hines: Idon't1 know! There are places that do multiple jurisdictions. If, you go into larger areas they may have it just for that one county, but were talking like Mecklenburg but they have like four sites. They have four different sites across Mecklenburg and that is all the Towns and everybody inl Mecklenburg County. It's up to  you guys.  Mayor Gibbs: And, those conditions are?  Councilman Wesson: Right and she read the conditions.  Councilman Potter: You added Caldwell, Catawba, and Burke County only, correct?  Planner Hines: Yes. Councilman Wesson: Right.  Mayor Gibbs: Okay, Ihave a motion to set conditions and, those conditions are to limit to Caldwell, Burke, and Catawba Counties along with, the limitations of what they can have there. Anything thing else that we need to discuss? Idon'tthink sO. Ineed a motion and  then Ineed a second.  Councilman Wesson: Imade a motion on it. Councilman Potter: Second.  Councilman Wesson: With those Conditions.  COUNCIL ACTION: On a motion made by Joe Wesson, and seconded by Donnie Potter, Council approved a Conditional Use Permit with added conditions for wholesale storage of household waste on parcel 2776-24-8991 was approved. Those in favor were Gerelene Blevins, Donnie Potter, and Joe Wesson. Opposed was Beverly Fry. The PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY DWELLING ON PROPERTY ON MAY ROAD AND OPEN PUBLIC HEARING: Mayor Gibbs asked for a motion to open the public hearing concerning Ron McCracken who is requesting a conditional use permit to allow an accessory dwelling on property on May Road and Parcel number 2755-97-8343. On a motion made by Donnie Potter, and seconded by Gerelene Blevins, the public  motion carries by a vote of3-1.  PARCEL 2755-97-8343:  hearing was opened at7:05 p.m. All were in favor.    November 15, 2011 Page 14 of19  SWEARING IN OF PERSON(S) GIVING TESTIMONY: Town Clerk Susan Nagle STAFF COMMENT/RIONS: Town Planner Emily Hines stated the request before you is consideration of a Conditional Use Permit for an accessory dwelling. The property owner is Gay Barr Campbell. Her address is 1373 May Road Granite Falls, NC 28630. The applicant is Ronald McCracken 1369 May Road Granite Falls, NC 28630, and that's her son. The property address is on May Road. Parcel number 2755-97-8343. The property is approximately 2.669 acres and is zoned RA-20. 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. The applicant is requesting approval for an accessory dwelling for a family member. The Ordinance requires the following conditions be met: The accessory dwelling shall not exceed fifty (50) percent of the square footage of the livable area of the principal structure, the accessory dwelling shall meet all the setback requirements of a principal use, the exterior of the accessory dwelling shall be compatible with the principal residence in terms ofc color, siding, roof pitch, windows detailing, and roofing materials, and accessory dwellings shall only be allowed on parcels that contain owner-occupied single-family dwelling units. The two findings of fact that have to be met are that the use will not affect the health or safety of persons residing or working in the neighborhood of the proposed use. Staff's recommended finding is that the use is a residential dwelling that will meet all of the health regulations as. any other residential dwelling in the area. The second finding that has to be met, the use will not be detrimental to the public welfare or injurious to property or public improvements in the Staff recommended finding is 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 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. Staff has no additional conditions. There are already the four conditions that are part of the Zoning Ordinance. I didn't find any additional conditions to be placed for this Staff does recommend in favor oft the Conditional Use Permit for the accessory dwelling.  swore in the testimony ofTown Planner Emily Hines.  Proposed use is an accessory dwelling.  neighborhood.  not be detrimental to the public.  specific use.    November 15, 2011 Page 15 of19  In your package, you have a copy of the zoning map. The property that's highlighted is the property in question. Letters were sent out to adjacent property owners to let them  know about it and notice was posted in the paper. Councilman Donnie Potter: Any responses back from them?  Town Planner Emily Hines: Id don'tknow.  Councilman Potter: Okay. It'smyu understanding he's building a mobile home.  Councilman Joe Wesson: Mother-in-law suite.  Planner Hines: It is a mobile home however, he's been talking to the dealership to make sure that everything is compatible there's all the regulations about that. Councilman Potter: But, it's going to be put there for him to take care ofhis?  Planner Hines: It's actually his Aunt. His mother's sister.  Councilman Potter: Okay yeah. She's 80 plus years old, It think that's my understanding. Planner Hines: I'm not going to go on record saying shei is, Idon'tknow.  Councilman Potter: She is.  Planner Hines: They came to us originally it literally lined up as soon as you guys approved that Ordinance, the amendment to the Ordinance. He came in about a week or sO later. Before that, the other option before was just for the temporary one but this will allow itl because he wasn'treally sure. He didn't want to spend the money and put up the  other one so, that's why he went through this.  Councilman Potter: Is this a temporary ori isi it aj permanent?  Planner Hines: This would be permanent. Councilman Potter: Okay that's what I thought.  Planner Hines: This does allow him to keep it on there but, the term of the condition is that on one of the conditions that's in the Ordinance is that, it's under dwelling it has to be on a piece of property that is owner occupied. So, for example if Mrs. Campbell moves and they decide to rent out the house they can't use this accessory dwelling. So, there is that condition on there that it can only be used if there is actually owner-occupier  living in that house in the principal structure.    November 15, 2011 Page 16 of19  Councilman Potter: It can't be rented out?  Planner Hines: Right you can'trent. Basically, the idea is you want it to be more like a mother-in-law suite or a family member. You don't want two residential structures for PUBLIC COMMENTS: Mayor Bob Gibbs asked ift there were any public comment?  rent on the same piece of property. That's what that's there doing.  There was no public comment.  CLOSE PUBLIC HEARING: Mayor Gibbs asked for a motion to close the public On a motion made by Donnie Potter, and seconded by Joe Wesson, the public hearing  hearing.  was closed at 7:17 p.m. All were in favor.  COUNCIL ACTION: Mayor Gibbs asked for Council Action.  On a motion made by Gerelene Blevins, and seconded by Donnie Potter, Council approved a Conditional Use Permit to allow an accessory dwelling on property on May Road, parcel number 2755-97-8343 for applicant Ronald McCracken. All werein: favor.  Councilman Potter: Are we: ready for that?  Attorney Terry Taylor: Wait, you have to do the findings of facts. Councilman Potter: That's right; we have to do the findings of facts.  Attorney Taylor: Yes. Mayor Gibbs: Okay.  On ai motion made by Donnie Potter, and seconded by Joe Wesson, Council approved the On a motion made by Gerelene Blevins, and seconded by Donnie Potter, Council approved a Conditional Use Permit to allow an accessory dwelling on property on May Road, parcel number 2755-97-8343 for applicant Ronald McCracken. All were in favor.  findings of fact. All were in favor.    November 15, 2011 Page 17of19  PUBLIC HEARING: BUMGARNER PROPERTY REZONING REQUEST FOR OPEN PUBLIC HEARING: Mayor Gibbs asked for a motion to open the public On a motion made by Donnie Potter, and seconded by Joe Wesson, the public hearing STAFF COMMENTRECOMMENDATIONS: Town Planner Emily Hines stated Roger and Cynthia Bumgarner own approximately .94 acres of property at 2669 Mission Road in Hudson, NC 28638 and parcel number 2766-75-6689. The Bumgarner's' house isc currently located on the property in question and is zoned Highway Business. The Bumgarner's would like to rezone the property R-15 Residential High Density in order to add on to their existing house as the current zoning of] Highway Business does not allow Planner Hines also stated, the Planning Commission met on October 11, 2011 to discuss this matter and make a recommendation to the Council. The Planning Commission would recommend approval of the rezoning request and recommend the request is reasonably necessary to the promotion of the public health, safety, and general welfare of PUBLIC COMMENTS: Mayor Gibbs asked if anyone had any public comment.  PROPERTY AT 2669 MISSION ROAD:  hearing.  was opened at' 7:18 p.m. All were in favor.  them to do SO.  the Town of Sawmills.  There was no public comment at this time.  CLOSE PUBLIC HEARING: Mayor Gibbs asked for a motion to close the public On a motion made by Donnie Potter, and seconded by Joe Wesson, the public hearing COUNCIL ACTION: On a motion made by Gerelene Blevins, and seconded by Joe Wesson, Council approved the rezoning of 2669 Mission Road Hudson, NC 28638 and parcel number 2766-75-6689 from Highway Business (H-B) to Residential High Density  hearing.  was closed at 7:20 p.m. All were in favor.  (R-15) for Roger and Cynthia Bumgarner. All were favor.    November 15, 2011 Page 18 of19  PLANNING! MATTERS:  PLANNING COMMISSION APPOINTMENTS: As you may recall, during the October 18, 2011 Council meeting Mayor Gibbs asked 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 member that lives in Planner Hines stated that Martha Verdie Ann Warren who lives at 2533 Baker Circle approached Town Administrator Seth Eckard and she would be willing to serve as an alternate Planning Commission member. Ifthere are no recommendations, tonight staff would recommend appointing Mrs. Warren to serve as an alternate Planning Commission Mayor Gibbs asked if anyone had any other recommendations within the Town limits or Ona ai motion made by Gerelene Blevins, and seconded by Joe Wesson, Council appointed Martha Verdie Ann Warren to serve as an alternate Planning Commission member within FINANCIAL MATTERS: EMPLOYEE LONGEVITY PAY: The Town of Sawmills On a motion made by Joe Wesson and seconded by Donnie Potter, Council approved the  the ETJ at-Trmiptal)mrsicton,  member within the Town limits.  within the E.T.J. There were: no recommendations at this time.  the Town limits. All were in favor.  pays out an employee longevity pay the first pay period in December. disbursement oflongevity pay for employees. All were in favor.  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.    November 15, 2011 Page 19of19  ADMINISTRATORS REPORT: Town Administrator Seth Eckard would like to remind everyone that the Sawmills Christmas Parade is taking place on Saturday, December 3, 2011 at 10:00 a.m. with line-up taking place at 9:30 a.m. on Helena Street. There is no entrance fee and applications are available at the Town Hall Monday-Friday 8:00 a.m.-5:00 p.m. or you may call the Town Hall and staff can fax, mail, or e-mail you Administrator Eckard also stated that in years past Council has been gracious enough to allow Town's employee's to leave at noon on December 231d and staff would like Mayor Gibbs also stated that every year Council has taken a day before the Christmas vacation begins to individually bring breakfast or lunch to the staff to show appreciation, Mayor Gibbs also stated December 13th is the last day for the Farmer's Market and Santa Will be there from 2-5 so bring your camera's and take a picture of your child with Santa On a motion made by Joe Wesson, and seconded by Gerelene Blevins, Council approved staff to leave at 12:00 noon on Friday, December 23, 2011. All were: in favor. Mayor Gibbs also stated that this is the last night for News-Topic reporter Linda Payne as she is moving and will no longer be with us. There will be cake and punch after this meeting and you are all welcome to join us to say goodbye to Linda and wish her luck. PUBLIC COMMENT: Mayor Gibbs asked ift there was anyone wishing to speak during  an application.  Council to considera allowing staff to do SO again this year.  including Public Works as well as Office Staff.  Claus.  public comment.  There was: no one wishing to speak.  ADJOURN: Mayor Gibbs asked for a motion to adjourn.  On a motion made by Donnie Potter, and seconded by Joe Wesson, the meeting was  adjourned. All were in favor.  Susan Nagle, Town Clerk  Bob Gibbs, Mayor    AGENDA ITEM 5A  MEMO DATE: SUBJECT: Discussion:  December 12, 2011 Recognition: Yard ofthe Month  The Town of Sawmills would like to congratulate Janie and Dwight Miller (28630 zip code) and Klaus and Kucha Hadschin (28638 zip code) on winning the Yard of the Month for December 2011. Mayor Pro-Tem Gerelene Blevins and Councilwoman Beverly Fry ofthe Town Beautification Committee will present the  winners with a certificate ofappreciation.  The Yard of the Month program ends in December and will start back up in April.  Recommendation: No Council action is required.    AGENDA ITEM 5B  MEMO DATE: SUBJECT:  December 12, 2011  Recognition: Recycle Rewards Program  Discussion:  The Town of Sawmills would like to congratulate Richard and Sylvia Williams on winning the Recycle Rewards Program for the month of] December. Town Administrator Seth Eckard will present Richard and Sylvia Williams 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 6  MEMO DATE: SUBJECT:  December 12, 2011 Planning Matters: Planning Commission Appointments  Discussion:  As you may recall, during the November 15, 2011 Council meeting Council appointed Martha Verdie Ann Warren to serve as the Alternate Planning Commission member within the Town limits. This leaves only one vacant alternate position left from the E.T.J. Extra-Territorial Jurisdiction).  Mayor Gibbs asked the Council think ofsome recommendations to fill the vacant alternate seat on the Planning Commission from the E.T.J. and make such recommendations at the December 20, 2011 regular Council meeting.  Recommendation:  Staff would recommend Council discuss any recommendations made and decide whom they wish to appoint as the Alternate Planning Commission member from the E.T.J. Ifno recommendations made then staff would recommend current Council refer this matter to the new Council for recommendations:    TOWN OF SAWMILLS PLANNING COMMISSION 2NDT TUESDAY 5:00 PM 2011-2012  NAME Steve Duncan Buford Pennell David Powell Thad Hall Clyde Miller (ETJ) ALTERNATE  TERM  ADDRESS  TELEPHONE# 396-5848 312-5912(C) 396-6888 396-6070 612-9846(C) 396-6888 728-7980  March 2012 4675 Sawmills Sch. Rd., Sawmills March 2012 4178 Helena St., Hudson March 2012 2784 Dry Ponds Rd., Sawmills March 2012 4178 Helena St., Hudson June 2014 4403 Horseshoe Bend Rd., Hudson  Martha Verdie Ann Warren October 2012 2533 Baker Circle, Sawmills  308-1143  Updated: October 18, 2011    AGENDA ITEM 7  MEMO DATE: SUBJECT: Discussion:  December 12, 2011 Outgoing Council Comments  Whenever there has been a change in the Council, we have taken a few minutes to  allow those members who are departing to say their farewells.  Recommendation: No Council action is required.    AGENDA ITEM 9  MEMO DATE: SUBJECT: Discussion:  December 12, 2011 Oath of Office for New Council Members  Town Clerk Susan Nagle will administer the Oath ofOffice to incoming Council members Trena McCrary Kirby, Jeff Wilson, and Johnny Wilson.  Recommendation: No Council action is required.    AGENDA ITEM 12A  MEMO DATE: SUBJECT: Discussion:  December 12, 2011 Organizational Matters: Seating Arrangements  The new Council seating arrangement will be as follows.  From right to left in alphabetical order:  Trena McCrary Kirby Donnie Potter Joe Wesson Town Attorney Mayor  Town Administrator Jeff Wilson Johnny Wilson Clerk  Recommendation: No Council action is required.    AGENDA ITEM 12B  MEMO DATE: SUBJECT:  December 12, 2011 Organizational Matters: Election ofMayor  Pro-Tem  Discussion:  As a first item ofbusiness; Council will need to elect a Mayor Pro-Tem. Enclosed  isac description ofthe duties oft the Mayor Pro-Tem.  Recommendation:  Council needs to elect a member from the Council to serve as the Mayor Pro-Tem.    $30.04 MAYOR PROTEM.  At the first meeting after its election, the Town Council shall select one ofi its number to act as Mayor Pro Tem. The Mayor Pro Tem shall have no fixed term of office, but as such, shall  perform all the duties of the Mayor in the Mayor's absence or disability.  (1991 Code, $20.04) Statutory reference:  Mayor Pro-Tem, see G.S. $160A-70  $30.34 OFFICE OF MAYOR PRO TEMPORE.  At the organizational meeting, the Council shall elect from among its members a Mayor Pro Tempore to serve at the Council's pleasure. A Council member who serves as Mayor Pro Tempore shall be entitled to vote on all matters and shall be considered a Council member for all purposes, including the determination of whether a quorum is present. In the Mayor's absence, the Council may confer on the Mayor Pro Tempore any of the Mayor's powers and duties. Ifthe mayor should become physically or mentally unable to perform the duties ofl his or her office, the Council may by unanimous vote declare that the Mayor is incapacitated and confer any of the Mayor's powers and duties on the Mayor Pro Tempore. When a Mayor declares that he or she is no longer incapacitated, and a majority of the Council concurs, the Mayor shall resume the exercise ofhis or her powers and duties. Ifboth the Mayor and the Mayor Pro Tempore are absent from a meeting, the Council may elect from among its members a temporary chairperson  toj preside at the meeting.  (1991 Code $20.22) (Ord. passed 7-1-1988)  $30.35 PRESIDING OFFICER WHEN THE MAYOR IS IN ACTIVE DEBATE.  The Mayor shall preside at meetings of the Council unless he or she becomes actively engaged in debate on a particular proposal, in which case he or she shall designate another Council member to preside over the debate. The Mayor shall resume presiding as soon as action  on the matter is concluded.  (1991 Code, $20.23) (Ord. passed 7-1-1988)    AGENDA ITEM 12C  MEMO DATE: SUBJECT: Discussion:  December 12, 2011 Organizational Matters: Committee Assignments  Enclosed with this memo is a copy oft the Standing Council Committees as  appointed by Mayor Gibbs.  Recommendation: No Council action is required.    TOWN OF SAWMILLS STANDING COUNCIL COMMITTEES FOR 2012  (Updated: 12/12/2011)  PUBLIC WORKSCOMMITTEE Roadways and Streets Water Resources Wastewater Drainage Right-of-ways Solid Waste  Jeff Wilson Johnny Wilson  PARKS AND RECREATION COMMITTEE Parades, Festivals and Special Events Civic Organizations Land Use Regulations Zoning E.T.J. Code Enforcement LAWAND FINANCE Administration Budget Appropriations Audit Performance Public Health & Safety W.P.C.O.G. N.C.L.M. Community Colleges Chamber ofCommerce Institute of Government ntergovermental (County/State) PERSONNELCOMMITTEE IDENTITYTHEFT COMMITTEE  Jeff Wilson Joe Wesson Joe Wesson Trena Kirby  PLANNING AND DEVELOPMENT COMMITTEE  Donnie Potter Trena Kirby  INTERGOVERNMENTAL COMMITTEE  Trena Kirby Donnie Potter  Donnie Potter Johnny Wilson Joe Wesson Jeff Wilson  * The Mayor is a member of all Standing Council Committees    AGENDA ITEM 12D  MEMO DATE: SUBJECT:  December 12, 2011 Organizational Matters: Council Ethics and Code ofConduct  Discussion:  Enclosed with this memo is a copy oft the Code ofEthics prepared by Attorney Terry Taylor adopted by the Town Council on August 17, 2010. North Carolina General Statutes $160A-83 requires the governing board to adopt a code of ethics  to guide the actions ofits members in performance of their duties.  Also, enclosed is a Standard of Conduct form prepared by Attorney Taylor. Mayor Gibbs asks each Council member to read this form. New Council members should be prepared to sign this document during the December 20th meeting. A copy is  kept on file with the Clerk.  Recommendation:  Council needs to review and sign the enclosed document.    CODE OF ETHICS  Adopted: AUGuST17,20l0 Resolution No.:  TOWN OF SAWMILLS  Standards of Conduct and Conflict of Interest  A. Purpose  The purpose of this Code of Ethics is to establish guidelines for ethical standards of conduct of the Town of Sawmills and to help determine what conduct is appropriate in particular cases. It should not be considered a substitute for the law or for a board member'sb bestj judgment.  B. Definitions  For purposes of this section, the following definitions shall apply:  1. Business Entity means any business, proprietorship, firm, partnership, person in representative or fiduciary capacity, association, venture, trust or corporation which is 2. Town Official means the Chairman, members of the Town Board, Executive Manager, 3. Immediate Household means the Town Official, his/her spouse, and all dependent 4. Interest means direct or indirect pecuniary or material benefit accruing to a Town Official as a result of a contract or transaction which is or may be the subject of an official act or action by or with the Town. For purposes of this article, a Town Official shall be deemed to have an interest in the affairs of (1) any person in his immediate household as such term is defined in this section, (2) any business entity in which the Town Official is an officer or director, (3) any business entity in which an excess of ten percent (10%) of the stock of or legal or beneficial ownership of is controlled or owned directly by or indirectly by the Town Official, (4) any non-profit organization on which the Chairman or any member of the Town Board currently serves an officer, director, or  organized for financial gain or for profit. Town Attorney and Department Heads. children oft the Town Official.  board member, direct or indirect.  170989-1    5. Official act or action means any legislative, administrative, appointive or  discretionary act ofa any Town Official.  C:s Standards of Conduct  1. Scope. All Town Officials as defined in this article shall be subject to and abide by 2. Interest in Contract or Agreement or Employment. No Town Official herein defined shall have or thereafter acquire an Interest in any contract or agreement with the Town, except as allowed by and in conformance with the procedure set forth in the North Carolina General Statutes. This section does not prevent consulting or employment contracts between an Official and the Town that may otherwise be allowed by law SO long as the Official that has the conflict does not participate in the selection, award or 3. Use of Official Position. No Official shall use his or her official position or the Town's facilities for his or her private gain. In addition, Town Officials shall not misuse their status in such a way as to require, expect, or accept favors from subordinate 4. Disclosure of Information. No Official shall use or disclose confidential information gained in the course of or by reason of his official position for purposes of advancing (1) his or her financial or personal interest, (2) a business entity in which he or she is an owner in part or in whole, an officer or director, (3) the financial or personal interest ofa 5. Incompatible Service. No Official shall engage in or accept private employment or render service to private or other public interests when such employment or service is incompatible with the proper discharge of official duties or would tend to impair independence ofjudgment or action in the performance of official duties unless otherwise permitted by law and unless disclosure is made as provided in this article. Before accepting private employment, the Official should consider whether such employment would impact the Town negatively. An Official who accepts private employment should 6. Gifts. No Town Official shall directly or indirectly solicit any gift or accept or receive any gift having a value of Twenty-Five Dollars ($25.00) or more whether in the form of money, services loaned, travel, entertainment, hospitality, thing or promise or any other form under circumstances in which it could reasonably be inferred that the gift was intended to influence him or her or could reasonably be expected to influence him or her in the performance of official duties or is intended as a reward for any official action or his or her part. Legitimate political contributions shall not be considered as gifts under  the following standards of conduct.  supervision oft the Contractor Employee.  employees.  member ofl his or her immediate household or that of any other person.  not represent himself or herself as an employee or agent ofthe Town.  the provisions oft this paragraph.  170989-1    7. Special Treatment. No Town Official shall grant any special consideration, treatment, or advantage to any citizen or public or private entity beyond that which is available to  every other citizen or entity. 8. Standards ofConduct.  These Standards of Conduct require that:  Section 1. Town of Sawmills Board Members should obey all laws applicable to their official actions as members of the board. Board Members should be guided by the spirit as well as the  letter oft the law in whatever they do.  At the same time, Board Members should feel free to assert policy positions and opinions without fear of reprisal from fellow board members or citizens. To declare that a board member is behaving unethically because one disagrees with that board member on a question of policy (and not because of the board member's behavior) is unfair, dishonest, irresponsible, and itself Section 2. Board members should act with integrity and independence from improper influence Section 3(a) Board Members should avoid impropriety in the exercise of their official duties. Their official actions should be above reproach. Although opinions may vary about what behavior is inappropriate, this board will consider impropriety in terms of whether a reasonable person who is aware of all of the relevant facts and circumstances surrounding the board Section 3(b) If a Board Member believes that his or her actions, while legal and ethical, may be misunderstood, the member should seek the advice of the board's attorney and should consider Section 4. Board Members should faithfully perform the duties of their offices. They should act as the especially responsible citizens whom others can trust and respect, They should set a good example for others in the community, keeping in mind that trust and respect must continually be  unethical.  ast they exercise the duties oft their offices.  member's action would conclude that the action was inappropriate.  publicly disclosing the facts of the situation and the steps taken to resolve it.  earned.  Board Members should faithfully attend and prepare for meetings. They should carefully analyze all credible information properly submitted to them, mindful of the need not to engage in communications outside the meeting in any quasi-judicial matters. They should demand full  accountability from those over whom the Board has authority.  Board Members should be willing to bear their fair share of the board's workload. To the extent appropriate, they should be willing to put the board'sinterests ahead of their own.  170989-1    Section 5. Board Members should conduct the affairs of the board in an open and public manner. They should comply with all applicable laws governing open meetings and public records, recognizing that doing SO is an important way to be worthy of the public's trust. They should remember when they meet that they are conducting the public's business. They should also remember that local government records belong to the public and not to board members or their  employees.  In order to ensure strict compliance with the laws concerning openness, boards members should make clear than environment of transparency and candor is to be maintained at all times in the governmental unit. They should prohibit unjustified delay in fulfilling public records requests. They should take deliberate steps to make certain that any closed sessions held by the board are lawfully conducted and that such sessions do not stray from the purposes for which  they are called.  D. Disclosure ofInterest in Legislative Action  The Chairman or any member of the Town Board who has an Interest in the official act ora action before the Town Board shall publicly disclose on the record of the Town of Sawmills the nature and extent of such interest and shall withdraw from any consideration of the matter if E. Investigations Instigated by Town Board, Town Manager or Any Other Person 1. The Board may direct the Town Attorney to investigate any apparent violation of this article as it applies to the Chairman, any member of the Board, or Town Manager, and to 2. The Board may direct the Town Manager to investigate any apparent violation of this article by the Town Attorney and to report the findings of the investigation to the Board. 3. Any person who believes that a yiolation of this article has occurred may file a complaint in writing with the Board when the Chairman and members of the Board, 4. If the Board, after receipt of an investigation, has cause to believe a violation has occurred, the Board shall schedule a hearing on the matter, said hearing may be held as a Closed Session. The Official who is charged with the violation shall have the right to present evidence, cross-examine witnesses, including the complainant or complainants, and be represented by counsel at the hearing. If upon the conclusion of the hearing, the majority vote of the Board finds a violation has occurred, the Board may adopt a resolution of censure which shall be placed as a matter of record in the  excused by the Authority.  report the findings of the investigation to the Board.  Town Manager or Town Attorney are the subjects of the complaint.  minutes of an official Board meeting.  170989-1    F. Advisory Opinions.  When a Town Official has a doubt as to the applicability of any provision of this articles toa a particular situation or to the definition of terms used in this article, he or she may apply to the Town Board or Town Attorney for an advisory opinion, either of which shall issue an opinion in writing and file same with either the Board or Town Attorey. The Town Official shall have the opportunity to present his or her interpretation of the facts at issue and of the application of provisions of this article before such advisory opinion is made. In addition, the Town Official shall publicly disclose to the Board or Town Manager the facts of issue in a particular situation and shall rely upon any resolution adopted by the Board or Town Manager  regarding that particular situation.  Adopted this the 17  day of AuGusT  20_10  TOWN OF SAWMILLS  11 OF E SEAL JULY1,1989 cest  -  By:  Mayor  ATTEST: Sscu aAl Town Clerk  170989-1    STANDARD OF CONDUCT  Our Value Statement:  and  "-asiwaws 1. Service. Iwill be responsive to the needs of citizens and my fellow Council Respect. Ibelieve in the value ofmy fellow Council Members and recognize each Integrity. Iwill be fair, consistent and honest with my fellow Council Members, the staffand citizens. Iwill be responsible and Iwill do what tIsay Iwill do. Competence. As a Council Member, Iwill continue to grow and develop myskills and understanding through attending seminars and read other information that is available to me about governing ofa town in North Carolina. Innovation. Iwill be open minded, Iv will be flexible and receptive to change and actively involved ini identifying opportunities for improvement for the town. Attitude. Iwill treat my fellow Council Members, the staffand citizens with respect and dignity. Iwill listen and communicate in a sincere way, being sensitive to the  support the following values:  Members byconsistently exceeding their expectations.  2. 3. 4. 5. 6.  persons contribution as important.  needs ofothers. dayof_  This the  20  (Seal)    AGENDA ITEM 13  MEMO DATE: SUBJECT: Discussion:  December 12, 2011 Council Retreat  Town Administrator Seth Eckard will be holding a Council retreat on February 9, 2012 from 10:00 a.m.-4:00 p.m. at the E.D.C. (Economic Development  Commission).  The purpose oft this retreat is sO that Town Administrator Eckard and Council may  go over goal settings and visions for the New Year.  Recommendation: No Council action is required.    AGENDA ITEM 14  MEMO DATE: SUBJECT:  December 12, 2011 Adopt Resolution Approving the Blectronic Auction Procedure of Surplus Personal Property  Discussion:  OnA April 18, 2000 the Council adopted a Resolution authorizing the sale of surplus property by sealed bids. As electronic auctions are being used more now than sealed bids staff would like Council to consider adopting the enclosed Resolution Approving the Electronic Auction Procedure of Surplus Personal Property.  Enclosed with this memo is a list of personal surplus property that no longer meets  the operational needs of Sawmills and staff would like to surplus.  Recommendation:  Staffwould recommend Council adopt a Resolution approving the Electronic Auction Procedure of Surplus Personal Property by the Town and in accordance  with North Carolina General Statutes $160A-270.                    Town of Sawmills of Surplus Personal Property  Resolution Approving the Electronic Auction Procedure  The Town of Sawmills ("Sawmills") has property that is no longer necessary to meet the operational needs of Sawmills. Traditionally, Sawmills has declared such property to be surplus and disposed ofs such property by public auction in accordance with the requirements ofN.C.G.S. 160A-270. IT IS THEREFORE RESOLVED, by the Town Council oft the Town of Sawmills that:  1. 2.  Each of the items described on the list entitled "Sawmills Electronic Surplus Property Sale" as attached hereto, is declared to be surplus to the needs of Sawmills. The sale of all surplus property by electronic auction in accordance with the requirements of N.C.G.S. 160A-270 is hereby authorized and the Town Administrator, or other staff designated by the Administrator, is authorized to give appropriate notice and conduct the All surplus property shall be made available for inspection at reasonable times sO that the notice the date, place and time of the sale may be changed by the Town Administrator. All items shall be sold for cash or other payment means approved by the Town Administrator. The person designated to conduct the sale by the Town Administrator shall have the authority to remove items of surplus property from the list to be sold at any time prior to Further, the Town Administrator is authorized to negotiate, execute and issue on behalf of Sawmills all contracts necessary in order to conduct the sale of surplus property by electronic auction including any contracts with public or private auction agents as allowed by statute, specifically including a contract with GovDeals, Inc., if the Administrator Any remaining surplus property after the Auction Procedures are followed above may be donated by the Town to a 501(c)3 qualified non-profit association as designated and/or  sale in accordance with the requirements of all applicable laws.  3.  sale can be conducted beginning electronic means at WwW.  2011 at 8:00 a.m. by  and/or www.GovDeals.com, With appropriate  4.  the acceptance ofany bid and the conclusion of the transaction.  5.  deems such contract to be in the best interest of Sawmills.  6.  determined by the Town Administrator.  Adopted this the  day ofDecember, 2011.  (Seal)  Mayor, Town ofSawmills  Attest: Clerk  180794-1    Agenda Item 15  OFSAVIN o  "CORPORATED 989  Town Council Meeting December 20, 2011 Staff Report TO: FROM:  Mayor and Town Council Members Emily Hines, Town Planner  SUBJECT: Consideration of a Minor Plat for Marlon and Brenda May  A. Action Requested by Town Council  Motion to approve (approve with conditions) (deny) the 1 lot minor subdivision for Marlon and Brenda May for property identified as 2755-36-9457, 2755-46-6368, and  2755-35-9535.  B.] Required Votes to Pass Requested Action An majority vote is required to pass the requested action.  C.B Background Applicant: Property Owners:  Marlon and Brenda May Jonathan and Ellen Reece 4606 Hickory Nut Ridge Road Granite Falls, NC28630 Clay and Janette Bollinger 4600 Hickory Nut Ridge Road Granite Falls, NC28630  Property Parcel Numbers:  2755-36-9457,27,2755-46-636, and 2755-35-9535    Zoning District:  RA-20  Water Supply Watershed District: WS-IV-Protected Area  D.Attachments  1. Proposed Minor Subdivision Plat  2. Vicinity Map  2    @ 3    AGENDA ITEM 16  MEMO DATE: SUBJECT:  December 12,2 2011 Financial Matters: Call For A Public Hearing: Apply For A Community Development Block Grant For Sewer Project  Discussion:  Staff would like to apply fora Community Development Block Grant (CDBG) to add sewer lines toa Inc order to qualify for a CDBG grant the area being considered must meet certain conditions such as; the proposed area must be connected to existing sewer lines, the majority of people living in the area need to Enclosed with this memo is a cost estimate on this project as well as a map oft the proposed area the grant  proposed area of Sawmills.  be lower income, and there also has to be evidence of failing septic tanks.  would cover.  The following is a list of the potential streets covered which is subject to change:  A portion of Cajah's Mountain Road  Duff Drive Gilliland Lane Oxford Drive Gatewood Drive Jay Street  Recommendation:  Staff would recommend Council call for a public hearing at the next regularly scheduled Council meeting on January 17,2011 at 6:00 p.m. in the Sawmills Council Chambers to discuss applying fora CDBG  grant.    TOWN OF SAWMILLS AREA C-1 (STAMEY ROAD)  SEWERLINE COST ESTIMATE CDBG PROJECT  Item  Quantity Unit 10,500 LF 52EA 200SY 100SY 2007 TN 751 LF 1LS 1LS 66EA  Unit Cost $32.00 $1,800,00 $25.00 $50.00 $25.00 $100.00 $10,000,00 $10,000.00 $1,500.00  Total Cost $336,000.00 $93,600.00 $5,000.00 $5,000.00 $5,000.00 $7,500,00 $10,000,00 $10,000.00 $99,000.00  1. 8"PVC Gravity Sewerline 2. Standard Manholes 3. Asphalt Drive Repairs 4. Concrete Drive Repairs 5. Aggregate Base Course 6. Bore and Encasement 7 Upgrade Stamey Rd. PS 8 Rehab liné uhder Stamey Rd 9 Taps and House Connection  Subtotal  $571,100.00 $57,000.00 $26,000.00 $57,000.00 $57,000.00 $768,100.00  Engineering, Surveying, Inspection Easement. Acquisition Legal/Administration Contingency Total  SAProjectsSawmills (Town of)- -Sewer-CDBG Preliminary Engineering Sewer)-160MiscelameousSawmils C-1 sewerline Estimate II 12-  12-11.doc WJT/Kj    S  HSNACL AVIAOT  dISHARL NOSITH    AGENDA ITEM 17A  MEMO DATE: SUBJECT:  December 12, 2011 Updates: Code Enforcement Monthly Report  Discussion:  Mayor Bob Gibbs will update 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.