Page 1 of5  TUESDAY, APRIL 19, 2011  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 P.M.  COUNCIL PRESENT Bob Gibbs Gerelene Blevins Beverly Fry Joe Norman Donnie Potter Joe Wesson  STAFF PRESENT Seth Eckard Susan Nagle Terry Taylor  CALL' TO ORDER: Mayor Bob Gibbs called the meeting to order. INVOCATION: Mayor Gibbs gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Gibbs led the Pledge of Allegiance. APPROVAL OF MARCH 15th REGULAR MEETING MINUTES: Mayor Gibbs asked for a motion to approve the March 15, 2011 regular meeting minutes. On a motion made by Joe Norman, and seconded by Donnie Potter, the minutes were APPROVAL OF MARCH 24!h SPECIAL MEETING BUDGET WORKSHOP MINUTES: Mayor Gibbs asked for a motion to approve the March 24, 2011 special On a motion made by Donnie Potter, and seconded by Beverly Fry, the minutes were ADOPT AGENDA: Mayor Gibbs asked for a motion to adopt the agenda with the following additions and changes: add Request to Speak: Harry Whalen with the EDC as line item 6, and add Request for Donation: Lenoir/Caldwell County Crime Stoppers as line item 9G. Change line items 6A-B to 7A-B, change line items 7A-B to 8A-B, change line items 8A-F to 9A-F, change line items 9A-Cto 10A-C, change line item 10 to line item 11 and remove the original line item 11 Closed Session: Personnel Matters. On a motion made by Gerelene Blevins, and seconded by Joe Wesson, the agenda was  approved. All were in favor.  meeting budget workshop minutes. approved. All were in favor.  adopted with changes. All were in favor.    April 19,2011 Page 2 of5  REQUEST TO SPEAK: The town has received a request from Harry Whalen with the EDC to speak to the Council. Mr. Whalen stated that the EDC needs the Council's help in locating a twenty (20) acre industrial sight for manufacturing with rail, along with other.property for sale in the County. Mr. Whalen stated the EDC website should be up and running within the next two (2) weeks and have a link to the Town of Sawmills.  PARKS AND RECREATION:  DISC GOLF: Town Administrator Seth Eckard introduced Dan Mitchell, ofthe Unifour Flying Objects (UFO) Organization, to explain what Disc golfi is and what it can do for Sawmills (See attached fact sheet and map). Mr. Mitchell stated there is a need for another Disc Golfcourse in this area as there is only one (1) course in the Catawba Valley area nearby which is in Hickory. Town Administrator Eckard is proposing that the town proceed with the first seven (7) holes oft the 18-hole disc golfCourse before July Onar motion made by Joe Norman, and seconded by Donnie Potter, Council approved proceeding with the first seven (7) holes ofa Disc Golfcourse at the Veteran's Memorial Park in the amount ofapproximately $8,000.00 ift there are sufficient funds in this year's PARK LICENSE AGREEMENT: Town Administrator Seth Eckard stated Town Attorney Terry Taylor has drawn up the ençlosed Park License Agreement between the Town of Sawmills and the Sawmills Community Optimist Club, which holds the Sawmills Community Optimist Club liable for all Optimist, sponsored events in the On a motion made by Joe Norman, and seconded by Joe Wesson, Council approved the Park License Agreement between the Town of Sawmills and the Sawmills Community  1,2011 at a cost ofa approximately $8,000.00.  budget. All were in favor.  Town's parks.  Optimist Club. All were in favor. DISCUSSION:  YARD OF THE MONTH PROGRAM: Town Administrator Seth Eckard stated that upon approval, Councilwoman Gerelene Blevins and Councilwoman Beverly Fry, oft the Town Beautification Committee, along with three (3) residents living in Sawmills would Onan motion made by Joe Wesson, and seconded by Donnie Potter, Council approved the Town Beautification Committee to have the authority to initiate the program, choose SPECIAL OLYMPICS: Jo Ann Miller would like to thank the Sawmills Town Council for the donation to the Caldwell County Special Olympics. Ms. Miller also stated with all the donations reçeived there is enough money to purchase shirts, ribbons, and medals, along with lunch for the participants and volunteers of the Caldwell County Special  initiate the attached yard of the month program.  three (3) residents, and be the judge of the winning yards.  Olympics.  No Council action is required.    April 19,2011 Page 3of5  FINANCIAL MATTERS:  BUDGET AMENDMENT: Town Administrator Seth Eckard stated demolition would begin on the burned down house on Chantilly Drive once the enclosed contract in the amount of $3,300.00 between the Town of Sawmills and Contractor Jeff Walker, is approved. Mr. Walker will provide the town with a Certificate of Liability Insurance and ac completed W9 form. There are sufficient funds in the budget to cover this expenditure and a Budget Amendment in the amount of $4,000.00 will need to be approved which On a motion made by Gerelene Blevins, and seconded by Joe Norman, Council approved a budget amendment in the amount of $4,000.00 and the contract in the amount of GRANT UPDATES: Town Administrator Seth Eckard stated that during the last meeting the Mayor gave al briefupdate on the Commerce Grant and the Cajah's Mountain ARRA Waterline Replacement Project. These funds are already included in the budget and do not require the appropriation of new funds, just the transfer of funds from Utility Fund to Automated Solutions/Commerce Grant and also from Utility Fund's Capital On a motion made by Joe Norman, and seconded by Beverly Fry, Council approved the BAD DEBT WRITE-OFF: Town Administrator Seth Eckard stated upon approval, the Finance Staff will write-off the enclosed outstanding water accounts that are uncollected On a motion made by Joe Norman, and seconded by Joe Wesson, Council agreed to write SIGNATURES FOR SAFETY DEPOSIT BOX AT BANK: Town Administrator Seth Eckard was advised by bank staff that along with the new signature cards that were approved during the regular meeting in February, new signatures also need to be on file for access to the safety deposit box. The signatures would be for the following persons: Town Administrator Eckard, Mayor Pro-Tem Gerelene Blevins, Mayor Bob Gibbs, and On a motion made by Donnie Potter, and seconded by Beverly Fry, Council approved new signature cards to be on file with the bank allowing access to the safety deposit box.  allows for any extra fees associated with the demolition.  $3,300.00, All were in favor.  Reserve to Cajah's Mountain Waterline Capital Improvement Project  transfer of funds. All were in favor.  for the town.  off the bad debt. All were in favor.  Finance Officer Karen Clontz.  All were in favor.    April 19,2011 Page 4of5  STREET RESURFACING AND IMPROVEMENTS PROJECT: The town has received the following four (4) bids on the resurfacing of Freedom Lane and the  pavement repairs project on Mill Race Drive: Midstate Contractors, Inc. J.T. Russell & Sons, Inc. Evans Construction Bell Construction Company  $55,454.45 $58,571.00 $69,914.34 $74,087.00  Town Administrator Seth Eckard stated that Midstate Contractors, Inc. was the low bidder on this project (see attached) and there are sufficient funds in the budget from On a motion made by Joe Norman, and seconded by Donnie Potter, Council awarded the bid tol Midstate Contractor's, Inc. in the amount of $55,454.45. All were in favor. SERVICE TRUCK FOR STREET DEPARTMENT: The town has received the following three (3) bids for a service truck for use by the Street Department and equipped  Powell Bill Funds to cover this expenditure.  with a lift crane, a service bed, and a snowplow:  First Place Ford Armstrong Ford Steve White Automotive  $84,914.00 $80,922.00 $84,291.00  Town Administrator Seth Eckard stated that Armstrong Ford was the low bidder on this project (see attached) and there are sufficient funds in next year's budget, from Powell On a motion made by Joe Wesson, and seconded by Gerelene Blevins, Council awarded the bid to Armstrong Ford in the amount of $80,922.00. All were in favor. REQUEST FOR DONATION: The Town has received a request from the Town Administrator Seth Eckard stated that there are sufficient funds in the budget to On a motion made by Gerelene Blevins, and seconded by Joe Norman, Council approved  Bill Funds, to cover this expenditure.  Lenoir/Caldwell County Crime Stoppers for a donation.  cover this expenditure.  a donation in the amount of$100.00. All were in favor.    April 19, ,2011 Page5ofs  PLANNING MATTERS:  CIVIL PENALTIES: Town Administrator Seth Eckard stated during the March 15, 2011 regular meeting Council tabled the Civil Penalties item on the agenda. Attorney Terry Taylor has prepared the attached proposed Restatement of Section $10.99 of the Onai motion made by Joe Norman, and seconded by Donnie Potter, Council approved the proposed Restatement of Section $10.99 of the General Provisions of the Town of CODIFICATION AGREEMENT: Town Administrator Seth Eckard has spoken with Mr. Richard Frommeyer, a Codification Consultant, from American Legal Publishing. Thé attached Codification Agreement with American Legal Publishing contracted through the NC League of Municipalities in the amount of$12,100.00 covers the cost of re-codification and the purchase of twelve (12) books ensuring that the appropriate town employees will receive a book. The agreement shows a down payment in the amount of $500.00 out of this year's budget, the first payment of 50% of the total, which equals $5,800.00 paid out of next year's budget on July 1,2 2011, and the remaining payment of Onai motion made by Donnie Potter, and seconded by Joe Wesson, Council approved the Codification Agreement with the NC League of Municipalities and its code contractor CODE ENFORCEMENT UPDATE: Mayor Gibbs referred Council to the attached report on the progress that Code Officer Tony Cline continues to make throughout the  General Provisions of the Town of Sawmills Code ofOrdinances.  Sawmills Code ofOrdinances. All were in favor.  $5,800.00 paid out on July 1,2012.  American Legal Publishing. All were in favor.  Town.  No Council action is required.  PUBLIC COMMENT: Mayor Gibbs asked if anyone would like to comment at this Mr. Bobby Austin would like to know what the town has decided on recycling. Mayor Bob Gibbs stated the town is doing everything it can to keep the curbside recycling in ADJOURN: On a motion made by Donnie Potter and seconded by Gerelene Blevins, the  time.  place,  meeting was adjourned. All were in favor.  Smsauahgle Susan Nagle, Town Clerk  Bob BM    DISC GOLF FACTS  ORIGINS  Object golf in 60's and 70's with FrisbeesTM, now discs Professional Disc Golf Association (PDGA) begun in 1976  First member, the late Ed Headrick; his ashes were molded into memorial discs Local Club is UFO, Unifour Flying Objects, started in 1998, 40 members in 2010 People who have joined PDGA since 1976, 42,000 (current members 15,400) 2800 courses in US, 480 courses outside US, 97 courses in NC (WWW.PDGA.com)  EXTENT (2010)  Estimated 5% of regular players join the PDGA Local website wwwanckoydsgolicon PDGAheadguarters outside Augusta, GA  HOWTOPLAY  Analogous to ball golf: a hole consists of tee, pin, fairway, OB, count your strokes Rules cover approved equipment (pins and discs), marking and playing your lie, driving DISCS: Use special discs for particular shots, left, right, straight, long, short, adjust for wind, and ground conditions. Drivers, putters, approach discs SHOTS: Backhand, forehand, overhead, roller, spike, upside down lay-up Beginners: Need a putter and stable midrange, maybe a stable driver Local stores: Dick's Sporting Goods, Viewmont ACE Hardware, or many websites 1215 PDGA sanctioned events worldwide, $2.2 MM combined pro purse 16 divisions, Am, pro, age, gender, beginners, intermediate, advanced Youth, Junior, Regular, Masters, Grand Master, Sr. Grand Master, Legends 19 Basket' Targets (18 plus one warm-up/practice basket) 18 to 36 (total depends on multiple tee holes) solid surface tee pads, 5ft by 12ft 18Tee signs plus tee markers for multiple tee pad holes Direction Signs as needed to help first time visitors navigate course Benches, bridges, steps, and trash cans enhance the course and can be added after  and putting, and courtesy (PGDA.com)  WHERET TO GET DISCS  Local Events, Sundays and Wednesdays  STATE OF COMPETITION (2010)  PARTS OF A CHAMPIANSHIP LEVEL 181 HOLE COURSE  course is opened  BENEFISTOPARK and COMMUNITY  Course provides recreation for youth, seniors, families and groups. Disc golf has lower entry barriers to beginners. Expenses, exertion levels, and experience required for an enjoyable time are much less than traditional golf The UFO club can work as a partner to support the financing and manpower for maintaining course amenities and improvements. Joining and working as a club member is arewarding way for many in the community to "give back".Ita also provides an opportunity for younger members to gain management experience in running projects and events. Disc golfers travel areas of park considered to be "remote" reducing mischief The UFO club hosts an annual charity event (Ice Bow!) and assists civic groups with their events (recently Police Youth Academy, HP&R Corporate Challenge, SC Deaf Disc Golfers) Student Disc Golfis supported by the E.D.G.E. program ww.cagedisegol.org, Players will travel to play a well-reviewed course and patronize local businesses. Courses are listed and rated at websites such as dgcounerwiw.som Local businesses can sponsor holes, benches, or events; store(s) can sell disc golf supplies  Dan Mitchell 828-396-8822 Kosskoss@yahoo.com    STATE OF NORTH CAROLINA COUNTY OF CALDWELL  PARK LICENSE AGREEMENT  THAT WHEREAS, the Town of Sawmills, a municipal corporation ("Town") and Sawmills Community Optimist Club, Inc., a North Carolina non-profit corporation ("Licensee"), do hereby desire to enter into this License Agreement ("License") according to the terms and  conditions set forth below:  WITNESSETH:  THAT WHEREAS, the Town of Sawmills, a municipal corporation of Caldwell County does hereby grant unto Sawmills Community Optimist Club, Inc. a License Agreement to run recreational programs at both Veteran's and Baird Park and operate the Concession Stand at the Sawmills Baird Park ("Premises") according to those terms and conditions set forth herein  below:  1. This License shall exist for a period of one (1) year to begin on the 4 day of 2012. This agreement shall then automatically renew for one year terms unless either party gives Notice ofTermination at least fifteen (15) days prior to the end  APREL  2011 and to end on the LTday of APRIL  ofthe then applicable term.  2. This grant oflicense is exclusive to the Sawmills Community Optimist Club, Inc. and may not be assigned. This license grants to the Optimist Club the rights for non-exclusive use of the baseball fields and Concession Stand at times and according to schedule at mutually agreed upon times. The specific times of use, description of program, and any scheduling changes of programs must be submitted by the Optimist Club to the Town Administrator and approved prior to  actual use.  :  3. The Licensee shall not use or permit said Premises or any part thereof to be used for any purpose or purposes other than the running of Optimist sponsored  recreation programs and operation ofa concession stand.  4. The Licensee agrees to abide by all terms and conditions set forth in the Town of Sawmills Code of Ordinances and to the particular Recreational Park Rules that  applies to parks, recreation, and public property generally.  5. The Licensee shall indemnify and save harmless the Town and its officers, agents, and employees from and against all claims, demands, actions, suits and proceedings by others arising out of the exercise of this License Agreement, including, but not limited to, any liability for damages by reason of failure of the Licensee to secure releases from any individual taking part in the operation of the Concession Stand and/or recreational programs as well as guests and invitees  175774.1    attending said events, including but not limited to any and all other loss, costs or expense, including reasonable attorney's fees from any products sold at said Concession Stand or any other use or operation of said park and/or Concession Concurrently with the signing of this license, the Licensee shall file with the Town Clerk and all times thereunder, maintain in full force and effect for the terms of such license or any renewal thereof, a good and sufficient liability insurance policy providing coverage for personal injuries to each person; coverage for all personal injuries in each accident and coverage for all property damage in each accident at such amounts as have been agreed to by the Town. The policy shall name the Town, Council Members and employees as additional insureds. The Licensee does indemnify and hold harmless the Town, its council members and all staff from any and all costs, court costs and costs of defense for. any action, including reasonable attomeys fees, from any cause of action, claim or demand for personal injury, death or property damage arising out of the use of the  Stand.  6.  Town property.  7. The Licensee agrees that any and all individuais who will be operating said park and/or Concession Stand will wear appropriate identification designating themselves as a member of the Sawmills Community Optimist Club at all times and that a list of those sO authorized and any changes thereto will be provided to  the Town Administrator.  MAINTENANCE AND ACCOUNTING FOR FUNDS  1. The Licensee has inspected said park facilities including Concession Stand and accepts the same in its existing condition and agrees to maintain said Concession Stand and ballfields and return the Premises to the Town at the end of the use in  the same condition as it is now less reasonable wear and tear.  2. The Licensee agrees that any and all improvements, fixtures attached and repairs done to said Premises at the end of the license term shall become the sole and 3. The Licensee agrees not to operate the park and Concession Stand in such a manner as to create a public nuisance or constitute a danger to the public health, safety or welfare of others and agrees to keep and maintain said Concession Stand and park facilities in conformance with all applicable local, state and federal 4. The Licensee agrees to keep clean the ballfields and maintain the Concession Stand and appurtenances and every part thereof in good and sanitary order and  absolute property of the Town of Sawmills.  *  codes and ordinances.  repair.  175774.1    5. The Town will pay the normal utility costs for the Parks. In the event that the lights are left on all night at any field, the Club agrees to reimburse the Town for  these utility costs.  1 6. The Sawmills Community Optimist Club agrees that all funds and monies  generated from operation of said Concession Stand will be used and applied to support youth and recreational programs conducted in the Town of Sawmills. No less than annually an accounting of the funds of the Club will be provided to the Town Council as well as such other financial information as may be requested by During the time that the Sawmills Community Optimist Club has scheduled activities taking place at the park no other vendor will be allowed'b by the Optimist Club on the Premises unless mutually agreed to by the Club and Town Council.  the Town Auditors.  7.  RIGHTTO CANCEL  The Town reserves the right to cancel this Agreement upon thirty (30) days written notice at any time. In such event, the parties agree to cooperate and work together so in such event any previously scheduled activities will be allowed to take place with as little disruption as possible  as to events already committed to by the Optimist Club. executed the day and year first above written.  IN WITNESS WHEREOF, the parties have hereto caused this instrument to be duly  TOWN OFSAMILLS 27  By:  (Seal)  OF SEAL 1AY1,1089 ag  ATTEST: Subcit Clerk  b.  SAWMILLS COMMUNITY OPTIMIST CLUB  By: C Ab  (Seal)  President  175774.1    Winning Yard of the Month:  The judges will use the following criteria when choosing a Yard oft the Month. These are only guidelines and the committee will make a final decision based on the evidence that shows the  homeowner's pride in his or her yard. Yardi is well-groomed  Yard is attractive; pleasing to the eye (e.g. green lawn; a variety of plants such as trees, shrubs, ground cover, flowers, wildflowers; plants with a variety ofheights, textures, and Buildings, fences, porches, and patios on the property are in good repair (i.e. minimal distraction from the landscape due to deterioration, damage or construction) Extra consideration may be given to properties that have invested extra effort through the use of attractive art pieces (e.g. pottery, ironwork), potted plants, birdhouses, patio or Yard is free ofl litter, junk and debris (no appliances or indoor furniture on porches or  colors; landscape features such as fountains, large rocks in beds, etc.)  lawn furniture, windsocks, decorative mailboxes, etc  patios)  Yard is free ofinoperable or junked motor vehicles House numbers are displayed attractively  Does a passerby sense that the homeowner has pride in his or her landscape and property  Winners will receive:  A specially designed "Yard oft the Month" sign placed in the winning front yard for one month, a certificate oft recognition to the homeowner signed by the Mayor and given at a Council meeting, in addition to a picture oft the winning yard on the Town of Sawmills website at  wwwyiownohawmilscon    SERVICES AGREEMENT  STATE OF NORTH CAROLINA COUNTY OF CALDWELL   THIS AGREEMENT, entered into this 12th day of April, 2011, by and between the TOWN OF SAWMILLS, a municipal corporation of the State of North Carolina,  (hereinafter Town") and Jeff Walker, (hereinafter "Contractor");  WITNESSETH:  That whereas, Town wishes to purchase from Contractor certain services as Now, therefore, in consideration of the premises contained herein, the parties  described hereinafter and Contractor wishes to provide such services to Town.  agree as follows:  SECTION ONE DESCRIPTION OF SERVICES  Contractor agrees to provide certain services of the quality, frequency and quantity, indicated on the attached document designated as Attachment "A" which  document is incorporated as a part of this agreement.  SECTION TWO SERVICE PRICE  The unit price for providing these services pursuant to this agreement is as shown on Attachment "A". Provided, however, it is the agreement of the parties that this represents an approximate price based upon the estimated amount of work to be performed annually. The actual amount of work performed may vary from that which is indicated on Attachment "A". However, the price per item as indicated on Attachment  "A" shall remain fixed throughout the term of this contract.  SECTION THREE LOCATION  Contractor shall provide the described services at the location(s) as shown in  Attachment "A".  SECTION FOUR TERM OF AGREEMENT  The term of this Agreement shall commence effective April 18, 2011, at 12:01 A.M. and shall extend for a period to terminate on May 18, 2011, at 12:00 midnight.  SECTION FIVE BID DOCUMENTS  All bid documents, if any, including, but not limited to bid instructions, general provisions, specifications, drawings and bid proposals, shall constitute a part of this  agreement.    SECTION SIX FAILURE TO PERFORM  Int the event the Town Administrator, in his sole discretion, determines the Contractor has failed to perform the services required by the attached document designated as Attachment "A", the Town shall notify Contractor of such failure and this Agreement shall terminate seven (7) days from date of written notification mailed to  Contractor's place of business, at the address identified hereinafter.  SECTION SEVEN MISCELLANEOUS  (a) This agreement with Exhibits and bid documents contains the entire agreement between the parties with respect to the transactions contemplated herein and all prior or contemporaneous written or oral agreements with respect to the subject matter hereof are merged herein. No change, amendment, qualifications or cancellation hereof shall be effective unless in writing and executed on behalf of (b) This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns; provided, however, that neither of the parties hereto shall have the right to assign its rights or obligations under this agreement without the prior written consent of the other (c) This agreement may be executed in several counterparts, each of which shal! be deemed to be an original and which together shall constitute one and same (d) This contract shall be governed in accordance with the laws of the State of North (e) Each invoice to the Town must include an attachment itemizing sales/use tax (f) Each Contractor that is not incorporated must submit a Form W-9 to the Town.  the parties hereto by their duly authorized officers.  party.  instrument. Carolina.  paid by the Contractor.  SECTION EIGHT RELEASE AND INDEMNIFICATION  The Contractor shall at all times during the term of the contract maintain in fuli force and effect Employer's Liability, Worker's Compensation, Public Liability and Property Damage Insurance applicable to Contractor. All insurance shall be by insurers licensed in the State of North Carolina and for policy limits acceptable to the Town and before commencement of work hereunder, the Contractor agrees to furnish the Town certificates of insurance or other evidence satisfactory to the Town to the effect that such  insurance has been procured and is in force. age, creed, color, religion or national origin.  The Contractor shall not discriminate against any person because of race, sex,    The Contractor shall indemnify, hold harmless, exempt and release the Town, its officers, agents and employees from any and all law suits, actions, legal proceedings, claims, demands, damages, costs, expenses and attorney's fees incident to any work done in the performance of the contract arising out of a willful or negligent act or  omission of the Contractor, its officer's agents and employees.  The Contractor shall obtain all licenses and permits (other than the license and permit granted by the contract) and promptly pay all taxes required by the Town, State of  North Carolina or Caldwell County.  The Contractor holds that no time during the term of this contract will he consider himself to be an employee of the Town. Contractor hereby waives any claim under the  Town's Worker's Compensation Insurance.  SECTION NINE  PROTECTION TOTHE CONTRACTOR  The Contractor shall not be liable by any suits, actions, legal proceedings, claims, demands, damages, costs, expenses, and attorney's fees arising out of a willful orr negligent act or omission of the Town, its officers, agents and employees.  IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this agreement in duplicate on the respective  dates indicated below:  TOWN OF By:  ATTEST: Sad  SETHECKAR AN  AL oCy Gradingeffv Walker) B6X867 3760' Brady'Circle Granite Falls, NC 28630 828-302-9293 (Contractor)  TOWN ABMENESTRATOK  AHW elb  This Instrument has been preaudited Inar manner required by the local Gov't. budget and fiscal control act.  Approved as to Form and Legal  Apr  Tuso  dst faren Clontz    A  TOWN OF SAWMILLS CLEARANCE BID FORM  CASE#PNI1-05 LOCATION OF PROPERTY: 4385 Chantilly Drive (PIN 2766-83-4465)  DATE: April 12,2 2011  - Sawmills, NC  X See attached Map which are marked with an X.  Certain clearance activities are to take place upon the lot described above. These include those spaçes,  X Clearance ofBuilding, Debris and Lot Clearance ofLot Only  Clearance of All Buildings-Including the out-building behind the fire damaged house  Clearance of Only the Following Building:  Clearance of Entire Lot  Clearance oft the Following Portion ofLot:  X _Additional Specific Directions: See definitions and contractor responsibility section below.  DEFINITIONS:  Building Clearance - The complete removal of all building materials from the lot including foundation Lot Clearance - The removal ofall underbrush, trash, junk, trees less than 6'in diameter down to the  slabs, blocks and bricks. bare ground.  RESPONSIBILITIES OF CONTRACTOR INCLUDE:  1) 2)  Coordinate with utility companies for the disconnection of all utilities and power and phone lines. Obtain any permits required from the County Building Inspection Office and the County Health  Department.  3) The lawful disposal of all building materials, trash and brush removed from lot.  4) Grading and smoothing disturbed areas (to accommodate a push mower), sowing grass and covering  sown areas with sufficient straw to completely cover ground.    Bidder Information:  Name Address  HK  Po-BKRELL Bnitplue  Date 4-18-1L  Phone 82x-32-9273  Case #PN11-05  My bid for the above work is$ 3.300  Date: 4-12-11  Signature: PHlk  Town of Sawmills 4076 US Highway 321-A Sawmills, NC 28630 Attn: Tony W. Cline Tel: 828-396-7903 Cell Number 704-305-4372  Location of] Property: 4385 Chantilly Drive  Sawmills, NC  bidform    BUDGET AMENDMENT TOWNOFSAWMILLS GENERAL FUND  The Town Council oft the Town of Sawmills at a meeting on the 19th day of April, 2011 passed the Bei it resolved that the following amendment be made to the Budget for the fiscal year ended June  following amendment. 30,2011.  Account Number  Description  Decrease Budget Increase Budget Amount  Amount by:  to:  Community  Development 1-45-4135 Contractors Public Works 1-40-4133 Utilities  4,000.00  4,000.00  Explanation: Toj pay for expense to clean up Chantilly Lane.  Passed by majority vote of the Town Council of the Town of Sawmills on the 19th day of April, 2011. This amendment shall be attached to the minutes of such meeting and become  official upon signature of the Mayor and Finance Officer.  Finance Officer,    hdsr  /    ACC#NAME 5155 ANGEL BELL 5021 MCKIE BENNETT 5866 RICKY BELVINS 5236 ANTHONY BONELLI 5413 IDELEA BROWN 5393 DORETA CALLOWAY $22.00! 5915 KANDISE CALLOWAY $20.80! 5803 DORIS COFFEY 5656 JARED COLE 5932 SHELIA COLLINS 5773 KAREN CRUMP 1458 TAMMY ELDRETH 425 JEAN FRY 5811 SHAWN GAGNON 5467 SCOTTIE GODFREY $44.54 5364 DOROTHY GREENE 1408 CRYSTAL HARTLEY 5810 JOSE HERNANDEZ 5740 CHESTON HODGE 5890 SHERRIHORTON 5839 AMY MESSENGER 5548 JAMES MATHESON 5914 MELISSA MORLANG $46.00 5733 LINDA MORRISON 5560 KERI MURPHY 5624 KRISTI MCCALL 5792 KATHY RICHARDS 3914 TYLARSHIVES 5425 TONIA SNYDER 5796 GARY STARNES, JR 5678 MICHAEL WALKER 5916 RHONDA WEAVER 5898 DIRON WINKLER  WATER SEWERISANIT LATE CHIDATE  AMT OWED $8.00 $20.40 $31.40 $35.40 $8.00 $34.80 $28.40 $51.60 $40.40 $45.60 $17.80 $30.00 $36.50 $1.80 $49.60 $34.40 $102.00 $28.00 $46.00 $12.40 $85.72 $4.00 $50.00 $105.40 $114.20 $12.80 $1.14 $114.00 $1.40 $5.20 $0.42 $3.60 $5.40 $1,165.78  $4.00 $10.00!  $4.00  11/30/2007  $8.00 $2.40 12/15/2007 $8.00 $4.80 8/31/2007 $5.20] $2.40 9/30/2007 $19.78 $5.60 8/31/2007 $12.00 $2.40] 9/15/2007 $12.00 $3.60 11/30/2007 $12.00! $2.40 9/30/2007 $1.86 $3.20 11/30/2007 $4.00 $4.40 11/30/2007 $6.00 $2.00 7/31/2007 $8.00 $4.00 11/30/2007 $2.00 $2.40 10/31/2007  $15.90 $6.91 $7.19 $1.40 12/31/2007 $15.90 $6.91 $7.19 $5.40 8/31/2007  $2.64 $2.40 $2.96  11/30/2007  $26.22 $26.00 $30.00 $15.00 $11.00 $4.00 $22.10 $1.80 $26.00 $49.00 $45.00 $8.00 $20.00 $34.00 $8.00 $4.00 $77.72 $4.00 $4.00  $6.06 $5.50 $2.44 $3.80 10/31/2007  7/31/2007 7/31/2007 8/31/2007  10/31/2007 11/30/2007 9/30/2007  $4.00  $50.00 $42.00 $8.00 $5.40 7/15/2007 $50.00 $46.00 $8.00] $10.20 8/31/2007  $6.00 $1.14 $60.00 $46.00 $8.00 $1.40 $5.20 $0.42 $3.60 $5.40]  $4.00] $2.80 11/30/2007  6/7/2007 9/30/2007 8/31/2007 10/31/2007 8/31/2007 9/30/2007; 10/31/2007  $637.12 $289.44 $170.62 $68.60    JAN, FEB, MARCH 2008 ACC# NAME 3068 HILDA AMAYA 3009 JEREMY BRYANT 1795 JWILLIE CLONINGER 5981 CHRISTY COLEMAN 427 MARY MOORE 5906 RANDALL MORRISON 1442 CARL PARLIER 4069 JOHNATHANI PATTERSON $3.96 5580 BRENDA: STEWART 1816 CHARLIETRIPLETT 5904 TRACY TRIPLETT 2609 JIMMYWALKER  WATER SEWER SANIT LATE FEE DATE AMT OWED  $28.05 $16.83 $5.61 $31.35 $18.81! $6.27 $11.771 $7.06 $2.35] $30.80 $18.48 $6.16 $18.15 $10.89 $3.63 $27.83 $22.26 $5.56! $8.30 $6.64 $1.66] $413.11 $100.97 $60.49 $59.83  $5.61 1/2/2008 $6.27 1/7/2008 $6.92 3/4/2008 $2.35/1/25/2008) $2.52 3/4/2008 $6.16 1/30/2008 $3.63 2/5/2008 3/17/2008 $5.56 3/4/2008 $7.26 3/4/2008 3/17/2008  $56.10 $62.70 $76.12 $23.53 $27.72 $61.60 $36.30 $4.40 $61.21 $72.60 $16.60 $634.40  $65.20! $21.20  $4.00 $4.00 $0.44 $7.26  $108.42 $58.08  $13.55 $13.55/1/28/2008) $135.52            Town of Sawmills Public Works. Service Truck Bid Opening List Tuesday, April 12,2011 2:00 pm  Name/Address First Place Ford 515 Wilkesboro Blvd LenoirNC 28645  Phone/Fax/Email  Amount Bid  64.914.00  Armstrong Ford Hickory NC  80,922.00  Steve White Automotive Hickory NC  84,291.00  Anchor Richey    $1 10.99 $10.99 PENALTY.  GENERAL PROVISIONS  --(A) Any ordinance contained herein may also be enforced by other remedies, as authorized in G. S. 160A-175, including the imposition of a Civil Penalty in the amount not in excess of $500.00 (to be recoverable by the Town in the nature of a debt if the offender does not pay the penalty within the period specified after he has been cited for aviolation of any ordinance contained herein), the ordering of specific equitable relief, injunctions, orders of abatement or a combination of remedies. Any Ordinance herein may be enforced by any one, all, or a combination of the remedies authorized and  prescribed by this section.  (B)Any provision of this Code or any other Town ordinance may be enforced by an appropriate equitable remedy issuing from a court of competent jurisdiction. In such case, the general court of justice shall have jurisdiction to issue such ordèrs as may be appropriate, and it shall not be a defense to the application of the Town for equitable  relief that there is an adequate remedy at law.  (C)Any provision of this Code or any other Town ordinance that makes unlawful ac condition existing upon or use made of real property may be enforced by injunction and order of abatement, and the general court of justice shall have jurisdiction to issue such orders. When a violation of such a provision occurs, the Town may apply to the appropriate division of the general court of justice for a mandatory or prohibitory injunction and order of abatement commanding the defendant to correct the unlawful condition upon or cease the unlawful use of the property. The action shall be governed ina all respects by the laws and rules governing civil proceedings, including the rules of  civil procedure in general and rule 65 in particular.  (D) In addition to an injunction, the Court may enter an order of abatement as a part of the judgment in the case. An order of abatement may direct that buildings or other structures on the property be closed, demolished or removed; that fixtures, furniture or other movable property be removed from buildings on the property, that grass and-weeds be cut; that improvements or repairs be made; whether any other action be taken that is necessary to bring the property into compliance with this code or such ordinance. If the defendant fails or refuses to comply with an injunction or with an order of abatement within the time allowed by the Court, he may be cited for contempt, and the Town may execute the order of abatement. The Town shall have a lien on the property for the cost of executing an order of abatement in the nature of a mechanics and materialman's lien. The defendant may secure cançellation of an order of abatement by paying all cost of the proceedings and posting a bond for compliance with the order. The bond shall be given with sureties approved by the Clerk of Superior Court in an amount approved by the Judge before whom the matter is heard and shall be conditioned on the defendant's full compliance with the terms of the order of abatement within a time fixed by the Judge. Cancellation of an order of abatement shall  not suspend or cancel and injunction issued in conjunction therewith.  175502.1    (E) Each day's continuing violation shall be a separate and distinct offense. I (F) Violation of any provision of this code unless otherwise specifically set forth in the applicable ordinance shall subject the offender to a civil penalty in the amount not in excess of $500.00, to be recovered by the town in a civil action in the nature of debt if the offender does not pay the penalty within a period of 15 days after the Notice of Citation has been issued for violation of this ordinance. Citation shall be in writing, signed by the appropriate town official charged with the enforcement of the particular ordinance which has been violated, and shall be delivered or mailed to the offender either at his residence or at his place of business, or at the place where the violation occurred or at any other place where such individual regularly receives mail. Each day's continuing violation shall be a separate and distinct offense. Any action to recover such civil penalty may be joined in an action for appropriate equitable remedy, including injunctions and orders of abatement and including an action to recover damages owning to the town by reason of expenses incurred by the town of abating, correcting, limiting  Citation shall be in writing.  and otherwise dealing with the harmful effects of the offending action.  (G) Fines and civil penalties. Unless otherwise specifically provided in this Code and authorized by state law, no violation of the Sawmills Town Code may be punished by a fine or civil penalty in excess of $500.00. Unless otherwise specifically provided in this Code, or the Sawmills Fee Schedule, fines or civil penalties shall be  established for all offenses as follows:  (1) The penalty for the first violation of any code provision within a period of 12 consecutive months preceding the date of violation shall be punished  by a fine or civil penalty of $50.00.  (2) The penalty for the second through fourth violation of any code provision within a period of12 consecutive months preceding the date of violation  shall be punished by a fine or civil penalty of $100.00.  (3) The penalty for the fifth through tenth violation of any code provision within a period of 12 consecutive months preceding the date of violation shall be  punished by a fine or civil penalty of $250.00.  (4) The penalty for the violation of any code provision beyond the tenth violation within a period of 12 consecutive months preceding the date of violation shall be punished by a fine or civil penalty of $500.00.  (5) Ifa any person shall violate an ordinance of the Town regulating the operation or parking of vehicles, such person shall be responsible for an infraction and shall be required to pay a civil penalty of not more than  $50.00.  175502.1    March 2,2011 - Ms. Susan Nagal Town Clerk Town of Sawmills 4076 U.S. Hwy 321-A Sawmills, NC 28630 Dear Susan:  NCIEAGUE  OF MUNICIPALITES  Thank you for considering the North Carolina League of Municipalities for your codification project. Ençlosed is our proposal to recodify Sawmills's code ofordinances. You may wish to note that the League payment program enables you to budget the cost of the project aver two years. The goal of the League Code Program is to provide you with the highest quality code ofordinancesata reasonable price that fits within your budget. The League selected American Legal Publishing Corporation to help mect this goal. Under the supervision of the League's Legal Staff, American Legal works directly with you lo develop the code of ordinances. The League program allows you lo draw upon the resources of'both the North Carolina League ofMunicipalities and of American Legal  Publishing.  We offer a total solution for municipal document management that includes ordinances, meeting minutes, attorney opinions and other information. In addition to producing high quality print products, we are the industry leader in municipal document computerization. American Legal is a Folio Business publisher Infuture years, new ordinances can be easily added to your code with American Legal's supplement services. This service will be compléted in 45 days which is by far the fastest in the industry. And, when you need a model ordinance, simply call us. We welcome the opportunity to help manage Sawmills's municipal documents. Should you have any questions about the propusal, please call me.  using Folio version 4; we also offer training and Iree technical support..  Best regards, Richard C. Frommeyer, Codification Consultant  I-800-445-5588 North Carollna League ofMunicipalities Code Program I-513-763-3562 (FAX)    North Carolina Lcaguc ofMunicipalitics P.O. Box 3069 Raleigh, North Carolina 27602  Town of Sawmills 4076 U.S. Hwy 321-A Sawmills, NC: 28630    CODIFICATION AGREEMENT March 2,2 2011  WHEREAS, Town of Sawmills, a municipal corporation in the State of North Carolina (hereinafterreferred to as "Municipality"). has need ofcodification or recodification ofi its existing charter and ordinances, as well as other WHEREAS, The North Carolina League of Municipalities, (hereinafter referred to as "LEAGUE"), desires to perform such services for Municipality, in cooperation with its code contractor, American Legal Publishing NOW THEREFORE, in considcration of thc mutual bencfits to bc dcrived from cntcring into and pcrforming this Agreement and the mutual promises and covenants contained herein, the parties agree us follows:  optional related services; and  Corporation ofCincinnati, Ohio (hereinafter referred to as "AMERICAN LEGAL");  I. THE LEAGUE (THROUGH AMERICAN LEGAL) SHALL:  (1) Examinc thc Municipality's Charter, and prior codc of ordinanccs (ifany), and all ordinances provided by the Municipality, select the materials to be recodified, and provide the Municipality with a listing of materials to be included as well as a questionnaire regarding pertinent details of the Municipality's (2) Classify all ordinançes which are ofa general and permanent nature into titles, chapters, and sections, (3) Make changes to effect uniformity of style and to correct typographical and spelling errors, grammar, (4) Revise and update the ordinances, placing into their proper location all amendments to original ordinances, and deleting from such ordinançes provisions that have been repealed expressly or by implication. In addition, new ordinances will be included on subjects which, in the League's opinion, should be covered in the code. This work shall be in consultation with the Municipality.  ordinances.  according to subject matter,  and usage.  (5) Prepare title, chapter, and section headings.  (6) Prepare a legislative history of each section, citing the ordinançe number and date of passage of the  current ordinancc, as indicated on copics ofc ordinanccs supplicd to thc LEAGUE.  (7) Prepare a complete and comprehensive index to the Code. (8) Prepare a table of contents and sectional analysis for each chapter.  (9) Prepare statutory cross-references to sections of the state statutes and references to other pertinent parts of the Code where applicable. These references shall appear at the end of the section to which they (10) Preparc Tables of Spccial Ordinances listing chronologically in groups thosc ordinanccs in certain  apply.  subject areas that the Municipality and the League mutually agree to be pertinent.    (11) Preparc Parallcl Rcfcrence Tablcs showing:  (a) The disposition of ordinances (in numeric sequence) included in the codifeation(Ondinance to  Code).  -  (b) A listing ofcode sections based on state statutes (Statute to Code).  (c) A listing ofprior code sections incorporated into the new code (Old Code to New Code). (12) Deliver to the Municipality, within 180 days from receipt of the materials deemed necessary by the League to begin the codification. 5 copies ofar manuscriptofthe Code for theN Miuncepliy/iezamination (13) Ifnecessary, hold a conference to make final corrections, additions, and deletions to the Code. The Municipality will be billed for the travel expenses of the American Legal staff attorney. The Municipality may present changes to pages ofthe draft at the conference. After the final conference, no additional changes are to be made. Any further changes, additions, or deletions shall be made in the future supplements to the Code in accordance with IV(I)ofthis Agreement. When the draft, and any changes thereto made by the Municipality, is returned to AMERICAN. LEGAL, such return ofthe draft shall be deemed final authorization by Municipality to publish the Code as returned. If additional confcrenccs arc rcqucsted by thc Municipality which roquirc thc travel ofa mcmber of thc staff of AMERICAN LEGAL, then the Municipality shall be advised what the additional cost, ifany, for such (14) Deliver to the Municipality, within 90 days ofreceipt oft the corrected manuscript, a suggested adopting  conference will be.  ordinancc plus 12 printed copics oft thc Codc mccting thc following spccihications: (a) Type to be as shown in the attached Exhibit A or B, at the option of the Municipality.  (b) Margins to be justified. (c) Page size to be 8 %"x11". (d) Printed on high quality paper.  (c) All copics to bc in hard cloth-covered, 3-ring loosc Icaf binders. AIl binders shall havc thc (15) If requested by the Municipality, undertake a subscription service to the Municipality's code for the purposeo ofproviding copiesofthe code and: subsequent supplements toi interestedsubseribers(minimum: 15 currcnt subscribcrs). Thc terms and proccdurcs of thc subscription scrvice will bc mutually agrecd  Municipality's name stamped in gold and shall contain divider tabs,  upon by AMERICANLEGAL and the Municipality.  II. THE MUNICIPALITY SHALL:  (1) Designate one official as the contact person with AMERICAN LEGAL and shall use its best efforts to cooperate with the LEAGUE and AMERICAN LEGAL to ensure timely completion of its  responsibilities under this agreement.    (2) Makc availablç two copics ofall matcrial ncccssary to complctc thc rccodification proccss to be scnt directly to AMERICAN LEGAL. Ifnecessary, the LEAGUE will photocopy incidental legislation at (3) 1 (a) Return to AMERICAN LEGAL one corrected copy of the manuscript of the Code including  no additional expense.  deletions or additions thereto within 90 days after receipt of manuscript.  (b) Extension ofTime Charge. In the event that the municipal officials should require more than 90 days to review and revise the manuscript, the Municipality agrees to make the final payment to the League at that time in accordance with this contract. If more than a total of 120 days are required for thel Municipalitysreview, thel LEAGUEand AMERICANLEGALrene the right to delay the final delivery oft the codes and to add additional reasonable charges not to exceed  10% of the adjusted base price. payable as follows:  (4) (a) Pay to the League as a base price, the sum ofs12,100.00 for its services set out in Section I,  $500.00 due upon execution of this agreement;  FEY percent ) within 30 days aftcr submission ofinvoicc and after July 1,2011; The balance within 30 days after delivery oft the printed code books and invoice. (b) The base price in paragraph 4(a) above is based upon a code of the following number ofpages according to the format option of thc Municipality. Should thc final codc number morc pagcs than this estimate, the base price will increase accordingly at the time of final invoice:  FORMAT 85X11 Single column page 84x11 Double column page  NUMBER OF PAGES 535 475  INCREASE $19.50 pcr pagc $22.50 per page  There shall, however, be no decrease or increase in the base price for any pages that cause the  estimated number of pages above to vary by 5% or less.  (5) Payanyi invoices within 30 days oft thei invoice date. Invoicesoutstanding beyond the 30 day period shall bc subjcct to a latc payment cqual to 1%% of thc unpaid balancc pcr month, or part thcrcof. (6) Advise. AMERICANLECALPe. to thes Mtofheadaeriswdw, substantive ordinancesthat may be in the process of revision so that AMERICAN LEGAL will not perform editorial review of ordinances that are soon to be amended or repealed. In such cases, AMERICAN LEGAL shall reserve thosc codc scctions and includc thc ncw ordinance during thc codification proccss or in a futurc supplement, depending on when the material is received. Once editorial work has been completed by AMERICAN LEGAL on any ordinance containing more than five code pages and a replacement ordinance is passed, the Municipality shall pay the additional sums at the supplemental service rates  outlined in Paragraph IV below.    ITI, DISTRIBUTION.  AMERICAN LEGAL shall ship by common carrier, the number of codes or supplements ordered and the Municipality may direct that different portions of the shipment be made at various locations within the  municipality. The cost will be direct shipping cost and an additional handling fee.  IV. SUPPLEMENTAL SERVICES.  (I) Supplemental Service Plan: After delivery oft the Code:  (a) AMERICAN LEGAL shall:  1. 2.  Examine the ordinances as submitted by the Municipality.  Incorporate those materials to be included in the Code according to the subject matier in the existing code, or where there is no existing legislation on the subject, ata logical Make necessary changes in wording of the materials to bring about uniformity of style Prepare a legislative history ofe each affected section citing the ordinance or resolution Rcvisc or makc additional cntrics to chapter summarics, tablcs of spccial ordinanccs, cross-reference tables, and general index as necessary to reflect the incorporation of Advise the Municipality. of changes in state statutes that materially affect provisions of thc Codc ofordinances bascd upon such statutcs and, unless othcrwisc dirccted by thc Municipality, make changes in those provisions in order to bring the Code into Deliver to Sawmills 12 printed copies of supplemental pages including an instruction  location in the Code.  3. 4. 5.  and to correct typographical crrors.  number and date of passage of the ordinance or resolution.  additional, changed or deleted material.  6.  conformity with same.  7.  shcct to insurc correct replaccment of pagcs.  (b) The Municipality shall:  1. 2. 3.  Provide AMERICAN LEGAL two copies ofe each ordinance as it is enacted; Payt to the LEAGUE the current LEAGUE supplement rates. (Att the presenttime, these rates are $I9.50 per single column page or $22.50 per double column page.) Cooperate with AMERICANI LEGAL in updating the Code ofOrdinances at least once cvery 12 months provided that no paymçnt or pcnalty shall bc duc for failing to honor  this commitment.    (c) Term and Tcrmination:  1. Either party has the right to terminate oralter the terms ofthe supplemental service plan atanyt time by serving written notice. This written notice shall bes sent at least thirty days before the projected delivery date of the next supplement. Unless otherwise specilically agreed upon by the parties, the projected delivery date shall be the anniversary of the Thisa agreement: shalla automatically renew itself from year to year except that either party may alter or cancel the terms of this agreement at any time upon thirty days written  date the Municipality received the Code.  2. FOLIO VIEWS  notice.  V.  (I) Folio Version 4 Search and Retrieval propram:  (a) The Publisher shall provide the Municipality's code in the Folio format on diskette or CD with  complete instructions and one copy ofa manual for $695.00. (cost is in addition to editing charge for printed pages)  (b) Supplements ofFolio $2.50/page* (page refers to printed supplement page)  *Minimum charge per supplement (assuming Folio update is in conjunction with update to printed supplement; special pricing to be provided if Folio is updated more  often than the printed book): Annual update Update every 6 months  $250.00 $195.00 each  (c) Addilional Bound/Read-Only license fees (onc-lime fee of$50.00) (d) Oplional on-sile inslallation & training at $650.00/day + travel expenses (e) Code on the Internet (after Folio conversion) at $375.00 per year  (Not Recommended)  VI.  EXERCISE OF OPTION. The Municipality, by the initials of the person executing the agreement on  its behalf, exercises the following option:  Initial   (1) Format: (Initial one only)  (a) Single-column format as shown in Exhibit A (b) Dual-column format as shown in Exhibit B (2) Folio Version 4 Search and Retrieval program: (a) Code converted into Folio (b) Supplements of Folio:  (c) Additional Bound/Read-Only Licenses:  #_  ofadditional licenses    (d) Optional On-Site Installation & Training (e) Code on the Internet TRANSMITTAL AS OFFER:  VII.  The transmittal oft this Agreement to Municipality unexecuted by Municipality is an offert by League to perform the stated services at the price and upon the terms and conditions herein and shall be subject to acceptance by IN WITNESS WHEREOF the parties to this contract have hereunto set their hands on the date(s) indiçated:  no later than April 30,2011 unless such date is extended in writing by LEAGUE.  811314  ATTEST:  Susoick  Town Signature KT Date: sH4a  Signature:'  WIS   ATTEST: Signature  The North Carolina League ofMunicipalities:  ABs  aP  C Signature Date: s/aau