Page 1of5  IUESDAVSEFTEMEER 20, 2011  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 P.M.  COUNCIL PRESENT Bob Gibbs Gerelene Blevins Joe Norman Donnie Potter Joe Wesson COUNCIL ABSENT Beverly Fry  STAFF PRESENT Karen Clontz Susan Nagle Terry Taylor  CALL TO ORDER: Mayor Bob Gibbs called the meeting to order. INVOCATION: Pastor Wade Mitchell gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Gibbs led the Pledge of Allegiance. ADOPT AGENDA: Mayor Gibbs asked forar motion to adopt the agenda with the On aj motion made by Donnie Potter, and seconded by Joe Niorman, the agenda was APPROVAL OF AUGUST 16" REGULAR MEETING MINUTES: Mayor Gibbs asked for a motion to approve the August 16, 2011 regular meeting minutes. On a motion made by Joe Wesson, and seconded by Gerelene Blevins, the minutes were  following addition: add line item 8E.  adopted with the addition. All were in favor.  approved. All were in favor. RECOGNITIONS:  YARD OF THE MONTH WINNERS: Mayor Pro-Tem Gerelene Blevins presented Joe and Annie Marler from the 28630 zip code with a certificate for winning the yard of the month and Mayor Gibbs stated Charles and Pat Holden from the 28638 zip code was the yard of the month winner for September. Mayor Gibbs stated that Charles and Pat Holden are unable to be here tonight but may pick up thei: picture and certificate at the  Town Hall at their convenience. No Council action is required.    September 20, 2011 Page 2of5  RECYCLE REWARDS PROGRAM WINNER: Mayor Bob Gibbs stated Michael and Tara Bradshaw are the recycle rewards program winners for September. Mayor Bob Gibbs stated they are unable to be here tonight but may pick up their certificate at the Town Hall at their convenience and they will receive a credit of twenty-five dollars  ($25.00) on their current sanitation bill. No Council action is required. FINANCIAL MATTERS:  BID AWARDS FOR STORM DRAINAGE IMPROVEMENTS ON BUCKS DRIVE: Mayor Gibbs stated the Town recently received the following six bids for the  storm drainage improvements on Bucks Drive:  Bennick Enterprises, LLC Hilton, Inc. Wilkie Construction Co. Midstate Contractors, Inc. Country Boy Landscaping, Inc. Kris Williams Grading, Inc.  $26,625.00 $29,538.78 $29,455.00 $31,750.00 $45,554.00 $52,606.00  On a motion made by Joe Wesson, and seconded by Donnie Potter, Council awarded the bid to Bennick Enterprises, LLCi in the amount of $26,625.00. All were in favor. NC DEPARTMENT OF CORRECTIONS CONTRACT: Mayor Gibbs stated the enclosed contract with the North Carolina Department of Corrcctions would be effective August 31, 2011 through June 30, 2012 and would cover two laborers at a cost of $1.00 per hour for eight hours a day for a total amount of $438.00. The Town would have to provide Workman's Compensation Insurance at an additional cost of approximately After much discussion, Donnie Potter made a motion to table this matter until the next regular Council meeting and Joe Norman seconded sO that Town Administrator Eckard  $1,300.00, which was not included in this budget year.  can review this contract more in depth.    September 20, 2011 Page 3 of5  PLANNING MATTERS:  RESIGNATION OF PLANNING COMMISSION MEMBER: Town Planner Emily Hines stated that Planning Commission member Bobby Austin has resigned leaving a vacant seat open. Current alternate Thad Hall has given his consent to serve on the Town Planner Hines stated that this leaves two alternate vacancies as the Towns Ordinance states that the Planning Commission consists of five members and two alternates. Town Planner Hines would recommend appointing one alternate within the town limits and one alternate from the E.T.J. (Extra-Territorial Jurisdiction). Mayor Gibbs asked Council to come to the October 18, 2011 regular Council meeting. with recommendations for the two vacant seats on the Planning Commission. On a motion made by Donnie Potter, and seconded by Joe Wesson Council appointed Thad Hall as the Planning Commission member. All were in favor. REQUEST FOR APPROVAL OF A MINOR SUBDIVISION: Town Planner Emily Hines stated Mr. Ralph L. and Mrs. Lantha O. Bryant have requested their property located on Dry Ponds Road split into three lots. The existing lot is 3.25-acres and would be split as follows: lot one: 1.315 acres and lot two: 0.621 acres, and lot three 1.414 acres. The Planning Board reviewed this request and would recommend Council approval with Onan motion made by Joe Norman, and seconded by Joe Wesson, the minor subdivision for Mr. Ralph L. and Mrs. Lantha O. Bryant was approved with the condition. All were REQUEST FOR A CONDITIONAL USE PERMIT: Town Planner Emily Hines stated that Jack and Debbie Mason have requested a Conditional Use Permit to allow a horse on 1.09 acres of pasture land located at 3912 US Highway 321-A and having 10.89 Planner Hines also, stated according to the Sawmills Zoning regulations, Council must approve a Conditional Use Permit to have horses in the RA-20 zoning district and the Planning Commission would recommend the Council call for a public hearing on this Onar motion made by Joe Wesson, and seconded by Joe Norman, the Council will hold a public hearing on a Conditional Use Permit to allow a horse at 3912 US Highway 321-A  Planning Commission.  the condition that all proper easement language is on the Plat.  in favor.  acres.  matter.  at the October 18, 2011 regular Council Meeting. All were in favor.    September 20, 2011 Page 4 of5  REQUEST FOR A CONDITIONAL USE PERMIT: Town Planner Emily Hines stated that STAT, Inc. has requested a Conditional Use Permit for a household hazardous waste site for the wholesale storage of gasoline and oil products, including bottled gas and oxygen on 2.67 acres, which is located on Spartan Drive Parcel number 2776-24- Planner Hines also, stated this is an allowable use and according to the Sawmills Zoning regulations, Council must approve a Conditional Use Permit to allow wholesale storage of gasoline and oil products, including bottled gas and oxygen in the HB zoning district and the Planning Commission would recommend the Council call for a public hearing on Onai motion made by Donnie Potter, and seconded by Joe Wesson, the Council will hold aj public hearing on a Conditional Use Permit to allow. a household hazardous waste site for the wholesale storage of gasoline and oil products, including bottled gas and oxygen on Spartan Drive Parcel number 2776-24-8991 at the October 18, 2011 regular Council WATERWORKS ROAD: Mayor Pro-Tem Gerelene Blevins would like to propose Council consider lowering the current speed limit on Waterworks Road from 35 M.P.H. to 20 M.P.H. as well as putting up no passing signs, and children at play signs. Attorney Terry Taylor stated the Town would need to have a traffic report done showing from a Traffic Engineer where to place the signs and what the speed limit needs to be. After discussion, Council tabled this SO that Town Administrator Seth Eckard could research to see if the Town had already done this in the past and if not what the Town would need to do to have a' Traffic Engineer look at the Road and submit a report.  8991.  this matter.  Meeting. 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.    September 20, 2011 Page 5of5  ADMINISTRATORS REPORT: Finance Officer Karen Clontz stated that included in the agenda packets is a list of unscheduled records that staff destroyed due to limit storage space. Finance Officer Clontz also stated, the Town Festival will take place on Saturday, September 24, 2011 at the Sawmills Baird Drive Park from 10:00 a.m.-4:00 p.m. with new vendors and the Optimist Club is doing a BBQ Cook-Off and invited everyone to come out and join in the festivities. Mayor Gibbs stated there is a lot more things to enjoy this year than there was last year and the Town will still give out free Donnie Potter stated the Optimist Club is sponsoring a BBQ Cook-Off. The Tickets are $8.00 for adults and $4.00 for kids 12 and under. Anyone wishing to purchase a ticket may do sO by contacting an Optimist Club member or purchasing a wristband at the gate. PUBLIC COMMENT: Mayor Gibbs asked if anyone would like to speak during the Brad Wright, Art Teacher at Sawmills Elementary School, Clarence Finley, and Kristy Greene all asked to addressed the Council with concerns over how the Town sign art contest was done. Trena Kirby asked what the winner was told when the Town sign art William Eckard would like to thank Mayor Pro-Tem Gerelene Blevins for taking the time Edward Lineback would like to address his concerns over the restrooms at Sawmills Ron McCracken would like to put a mobile home on the property to allow his Aunt to  hotdogs, popcorn and a drink until they run out.  public comment period.  contest first came about.  to address most ofl his concerns.  Baird Drive Park not being open for public use.  live in.  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.  Swauahgle Nagle, Town  Susan  Clerk  134 Bob Gibbs, Mayor    DC-251 (Revised April 2010)  Account Number_  New Contract  Modified Contract  Renewal  Job CodeH01002-003  NC DEPARTMENT OF CORRECTION DIVISION OF PRISONS INMATE LABOR CONTRACT  FACILITY NAME AND NUMBER Caldwell Correctional Center #4625  DATE 8/31/11  AGENCY NAME AND BILLING ADDRESS Town of Sawmills,476 US Hwy 321-A Granite Falls.NC28630  Project Beginning Date: 08/31/11  Project Ending Date: 06/30/12  PROJECT DESCRIPTION: Duties will include, but are: not limited to, janitorial, grounds/building maintenance, cleaning park/recreation area maintenance, public works projects, roadside cleaning, recycling projects and other  governmental agency projects. PROJECT COST LABOR:  Number ofLaborers 2x $1.00 per 81 hour work day -2x219 Projected Number ofl Days of] Project =  $438.00Total Projected Labor Cost ADMINISTRATIVE:  Administrative Cost XWaived Not Waived  (Region Director Signature) Date  PROJECT TOTAL COST TO BE BILLED $438.00 ("Total Projected Labor COST" plus' "Administrative COST" INVOICE TO BE SUBMITTED: Monthly Quarterly Semi-annually Anmually  above)  Other (specify).  APPROVED BY:  1.C Governmental Agency authority  Date  2. Facility Head  Date  3. Region Director  Date  4. Program Services Manager  Date  Form Distribution by Program Services: Original -Facility Copy Program Services, Region Office, and Accounting  Pagelof7    DC-251 (Revised April 2010)  NORTH CAROLINA DEPARTMENT OF CORRECTION  DIVISION OF PRISONS INMATE: LABOR AGREEMENT  DATE: 8/31/11 agreed upon by L.  of  inmate labor from the Division ofPrisons, the following terms are  For the purpose the employing Division of Prisons and theTown Of Sawmills  476 US Hwy 321A, Granite Falls NC28630.  Logistics  A. Inmate labor will be supplied by Division of] Prisons. All inmates assigned to labor contracts will be English speaking or have completed English as a second  language training. by Town Ofs Sawmills.  B. Inmates will be provided lunch by Division ofPrisons. C. Transportation will be supplied by DOC. Work schedules will also be D. Inmates may work eight (8) hours per day, seven (7) days per  furnished week. This will be varied  include travel time to and from the correctional facility. Schedules may or staggered depending upon the assigned work station. Inmates may be authorized to work in excess of eight (8) hours per day, with the authorization of Division of Prisons, (Note: The agency will be billed $1.00 per 8 hour workday, even if the inmate(s) work less than an eight (8) hour day.) E. No inmate will be allowed to work in an area that is not supervised by a Custodial Agent. No inmate will be allowed to work on school property, e.g., private or public elementary, middle or high schools, while students are on the property. No sex offender inmate will be assigned or allowed to work on the property ofany educational facility, e.g, private or public elementary, middle, high school, with an offender. Itis the contract agency's duty to report any allegations of inmate sexual violence either by another inmate, correctional staff, correctional agents, agency vendors and/or volunteers. (see Section VII below)  F.  community college or university, etc. G. The Division of Prisons has zero-tolerance for  undue  or sexual abuse  familiarity  II. Work Station/Dutics  A. Work stations may be any property owned or leased by:Town of Sawmills. B. Inmates are allowed to perform manual labor tasks such as the following:  1. Floor care duties including sweeping, mopping, vacuuming and buffing. Inmates are not allowed to operate motorized floor cleaning equipment 2. Furniture, fixtures, windows and cabinetry cleaning, dusting and/or polishing  designed to transport the operator. that is done from the floor or a step ladder.  Page 2 of7    DC-251 (Revised April 2010)  3. Custodial duties such as emptying trash cans, carrying out trash, restocking supplies in restrooms, moving furniture, and setting up furniture. 4. Motor vehicle maintenance, washing and vacuuming which does not require the inmate to be on elevated surfaces more than four feet tall, without appropriate fall protection. Acceptable fall protection would include ladders, standard railings on working surfaces, properly erected scaffolding or a personal fall arrest system. Inmates are not allowed to operate motor vehicles for any reason and cannot be allowed to have the keys for operating a motor 5. Grounds care duties including litter pick up, grass mowing, weed eating, pruning, hedge trimming, leaf blowing, raking, applying herbicides and pesticides, setting out and taking up small plants and bushes. Inmates must be trained by managers and supervisors in the safe operation of any powered equipment. Inmates can be trained to operate riding mowers, All equipment must have manufacturer and OSHA required warning labels, safely guards and devices in good condition. Inmates applying herbicides and pesticides must be trained and closely supervised by a duly licensed applicator responsible to insure the inmate follow regulations and safe work practices. Inmates must receive hazard communication training on all chemicals they work with. They must be provided with all necessary. personal protective 6. Minor building maintenance duties including painting, caulking, clearing rain gutters and power washing that can be done from the ground, ladder, properly constructed and erected scaffolding or with an approved personal fall arrest 7. Right ofway & drainage maintenance using bush axes & shovels. Inmate labor contract duties and tasks are expected to be for basic manual labor, such as those listed above, and normally utilizing manual tools such as. shovels, brooms, mops, bush axes, etc. Inmates can be trained to use basic powered lawn care equipment, including riding mowers. This list oftasks is not exclusive of others but anything outside the scope ofthese types ofwork activities should be discussed with, and approved by, the correctional facility 's management before Inmates are not allowed to perform hazardous duties such as the following: 1. Work with electric transmission utility line crews in any capacity. 2. Work within ten feet ofa any unguarded, energized electrical transmission lines or high voltage equipment, and/or within ten feet ofany conductive object involved in a task near unguarded, energized electrical transmission lines or 3. Enter any permit required confined space including but not limited to sewer manholes, lift stations, water tanks, chlorine contact chambers, utility vaults, 4. Disturb any suspected or confirmed asbestos containing materials including but not limited to thermal system insulation, vinyl floor tiles, flooring mastic,  vehicle for any reason.  equipment for the task they are performing.  system.  assigning the inmate to perform the proposed duties.  C.  high voltage equipment. salt bins, etc.  Page 3of7    DC-251 (Revised April 2010)  roofing, roofing felts, exterior shingle siding, acoustical ceiling tiles, fire proofing materials, solid wallboard (transite), cement water pipes, cement asbestos, sheetrock or fire doors. Typical work activities which would disturb suspected or confirmed asbestos containing materials are normally, part of renovation or demolition projects which require removal or destruction of 5. Disturb any suspected or confirmed lead based paint by sanding, scraping, cutting, sawing, welding or power washing. Typical work activities which could disturb suspected or confirmed lead based paint are normally. part of remodeling, renovation, repair, window case replacement, anapumogearen work and preparing surfaces for painting. 6. Perform or participate in sandblasting work. 7. Operate heavy equipment or aerial man lifts of any kind. Some examples of prohibited equipment are: tractors, bull dozers, back hoes, cranes, grade alls, road construction equipment, fork lifts, boom trucks, etc. (However, inmates are allowed to perform maintenance and repair work on this type of 8. Perform any task that requires the use of a respirator due to exceeding the 9. Work over or in water where a drowning hazard exists, without the appropriate protection, such as: standard railings, personal fall arrest systems, personal flotation devices, ring buoys and/or skiffs, as required by the OSHA 10. Work in trenches or excavations four feet deep or greater. 11. Work on or adjacent to public roads and highways without the proper Manual on Uniform Traffic Control Device (MUTCD) work zone safety set up utilizing the correct traffic control devices and high visibility vests, 13. Sit, stand or ride on any piece of equipment in a manner not consistent with the design ofs said vehicle or machinery while that equipment has its motor running or is moving. Examples of prohibited practices include, but are by no means limited to: standing on mower deck, riding in bucket ofa loader, riding This list oftasks is not exclusive ofothers that might be considered too hazardous for inmate labor contracts. Any tasks or duties similar to these or in question, in regards to personnel safety, should be addressed with the correctional facility's management before assigning the inmate to perform the proposed duties. Failure toj follow these guidelines may result in suspension of this contract and the  existing materials, equipment or structures.  equipment.)  contaminant' 's permissible exposure limits.  standards.  provided by Division of] Prisons. 12. Operate chain saws.  seated on a trailer hitch.  removal of inmate labor.  III. Supervision  A. Town of Sawmills agrees all inmate project supervisors will receive the Department of Corrections Inmate Orientation Training. Project Supervisors, upon successful participation in Orientation Training, are designated as Custodial Agents. New employees will be scheduled to receive this orientation training  Page 40 of7    DC-251 (Revised April 2010)  prior to being allowed to supervise inmate projects without being accompanied by  Correctional Officers.  B.  1. Custodial Agent will be on-site at each workstation.  2. Bach Custodial Agent will provide the inmate with ajob description and will provide the Department ofCorrection with a periodic inmate work performance evaluation ifrequested for classification purposes, 3. The Custodial Agents of the inmates working under labor contract will provide all safety training, appropriate to the hazards and duties of each task to be performed by the inmate, in accordance with OSHA regulations. This training will include the hazards associated with the task, the proper and safe use of any equipment assigned for performing the work, the hazards associated with any chemicals used in the work, the proper safe work methods for performing the task and the correct use ofany personal protective equipment needed to perform the task. This training will be ongoing and documented by the managers and supervisors for the duration oft the inmate labor contract. These training records will be made available upon request from any DOP or DOC facility, region or state official, and/or safety inspectors. The training documentation must be signed and dated by the inmate and managersupervisor who conducted the training. 4. Work schedules will be provided by Town of Sawmills. 5. Custodial Agents will designate break areas and ensure that inmates are 6.  Custodial Agents are to receive annual Orientation training. 7. Custodial Agents are to receive briefing in Undue Familiarity and Prison Rape Elimination Act (PREA) as part ofC Orientation training,  supervised during all breaks.  IV. Safety Equipment  A. The Division ofPrisons will provide state issued steel-toed shoes. No inmate will B. Inmates are. required to wear DOP issued high visibility vests where required by safety rules and regulations and/or by Division of Prisons manager's request. C. The town/county/DOT and State will furnish all other personal protective equipment needed according to the OSHA standards, other regulatory guidelines and hazard analyses of the task to be performed. All equipment to be used by inmates in the performance oft their assigned tasks must meet all safety requirements for guarding, warning labels, condition and operation as required by D. The Custodial Agents of the town/county/DOT and State shall insure that all inmates utilize all required safety equipment and safe work procedures in the E. The town/county/DOT and State supervisors, who act as the Custodial Agents shall insure that all inmates have completed all required safety training in the use ofapproved equipment, hazards communication and the proper use of personal  be allowed to work without steel-toed shoes.  OSHA and the manufacturer. performance oft their assigned tasks.  Page 5of7    DC-251 (Revised April 2010)  documented and maintained on file  protective equipment. All training has been  by the agency.  F.  Inmate injury due to failure to follow safety regulations and/or use required labor. safety equipment may result in suspension of this contract and removal ofinmate  V. Waiver and Billing Information  Iti is agreed that the North Carolina Department of Correction will waive administrative  cost, transportation and custody supervision cost.  VI. Medical  Whenever any inmate assigned to the State Department of Correction shall suffer accidental injury or accidental death arising out ofa and in the course of employment, to which the inmate has been assigned, the provisions ofG.S. 97-13, shall apply. The governmental agency shall compensate the Department of Correction. The following procedures are to be followed when an inmate sustains an injury while on  work assignment for an agency:  1) Ifthe injury is serious or life threatening: the agency will contact EMS and have the injured inmate transported to the nearest medical facility. The agency must immediately notify the inmate's prison facility of the 2) Ifthe injury is non-serious ori is non-life threatening: When the agency has trained first aid personnel on-site at the time the inmate is injured, they may provide the inmate first aid, and immediately notify the inmate's prison 3) Ift thei injury is non-serious or is non-life threatening: and the agency does not have trained first aid personnel onsite to render first aid that may be needed, the agency is to transport the inmate to the nearest medical facility for treatment and immediately notify the inmate's prison facility of the incident. 4) Ift the injury is non-serious or is non-life threatening: and the agency can not provide first aid or transportation to the nearest medical facility, the agency is to immediately notify the inmate's prison facility to transport the inmate for  incident.  facility of the incident.  first aid.  whether first-aid and/or  When any inmate injury occurs on a labor contract project, written documentation of the incident as soon as possible.  medical assistance is rendered, the agency is to provide the inmate's prison facility  VII. Inmate Conduct  Page 6 of7    DC-251 (Revised April 2010)  Town of Sawmills reserves the right to refuse or return an inmate should safety, security or order is questionable and agrees to follow North Carolina Department ofCorrection rules and regulations as stipulated in the Supervisory Orientation Training session. Division of Prisons will be the sole party responsible for issuing disciplinary action inmate employed by Town of Sawmills. Any misconduct will be reported immediately to Division of Prisons facility superintendent. Either party with a 30-day notice may  against any  terminate the contract at any time.  VIII. PREA  The Department of Correction has zero-tolerance for behavior with an offender that is unduly familiar or sexually abusive. Departmental staff, correctional agents, agency vendors and volunteers are strictly prohibited from engaging in personal dealings or any conduct ofas sexual nature with offenders. Conversation and conduct with offenders is to be professional at all times. Sexual acts between an offender and departmental staff, correctional agents, agency vendors and volunteers violates the federal Prison Rape Elimination Act of2003 (PREA) and is punishable as a Class E felony in North Carolina. Under North Carolina and federal law an offender CAN NOT consent to engage in sexual activity with departmental staff, correctional agents, agency vendors and volunteers, and all such activity legallyis against the will ofthe offender- no matter what the offender says. Additionally, iti is a criminal offense for any person to sell or give any inmate any intoxicating drink, barbiturate or stimulant drug, or any narcotic, poison or poisonous substance, except upon the prescription ofa physician, or to convey to or from an inmate any letters or oral messages or any instrument or weapon by which to effect an escape, or that will aid in an assault or insurrection, or to trade with an inmate for clothing or stolen "As a valued Correctional Agent of the Division of Prisons, it is important to remember that any knowledge of or a report of any incidents of unduly familiar and sexual abuse involving a labor contract inmate, you have a duty to report this information immediately to your contact person at the: facility ofhousing for the inmate and/or to the office oft the Division of Prisons. You may also report the information to the Office ofPREA Administration at prea@doc.state-nc.us - By signing this contract you acknowledge that you understand and will abide by this policy as outlined above."  goods or to sell an inmate any article forbidden by prison rules.  Page7of7