Page 1 of20  TUESDAV,OCTOBER 18, 2011  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 P.M.  COUNCIL PRESENT Bob Gibbs Gerelene Blevins Joe Norman Beverly Fry Joe Wesson COUNÇIL ABSENT Donnie Potter  STAFF PRESENT Seth Eckard Susan Nagle Terry Taylor-  CALLTOORDER: Mayor Bob Gibbs called the. meeting to order. INVOCATION: Mayor Bob Gibbs gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Gibbs led the Pledge of Allegiance. ADOPT AGENDA: Mayor Gibbs asked for a motion to adopt : the agenda. On a motion made by Joe Wesson, and seconded by Joe Norman, the agenda was:  adopted. All wère in favor.  APPROVAL OF SEPTEMBER 20th REGULAR MEETING MINUTES: Mayor Gibbs asked for a motion to approve the September 20, 2011 regular meeting minutes. On a motion made by Joe Norman, and seconded by Joe Wesson, the minutes were  approyed. All were in favor. RECOGNITIONS:  YARD OF THE MONTH WINNERS: Mayor Pro-Tem Gerelene Bleyins stated that Tim. and Lenita Pope from the 28630 zip code was the yard of the.month winnérs and Councilwoman Beverly Fry stated Jim, and Claudia Cooke from the 28638 zip code was the yard of the month winners for October. Mayor Gibbs stated that both winners are unable to be here tonight and may pick up their picture and certifiçate at the Town Hall at  there convenience. No Council action is required.    October 18, 2011 Page 2of20  RECYCLE REWARDS PROGRAM WINNER: Town Administrator Seth Eckard would like to congratulate James Clark on winning the Recycle Rewards October. Administrator Eckard stated since Mr. Clark is not in attendance his Program çertifiçate may be picked up at his convenience at the Town Hall and a $25.00 credit will bé added to the sanitation bill. Administrâtor Eckard also stated, this month is the highest participation rate Sawmills has ever had since the Town has contracted with GDS and this data goes back to. July 2003. The participation rate is fifty-five percent (55%).  for  No Council action is required.  TOWN SIGN ART CONTEST RUNNER-UP: Mayor Gibbs stated Kenlea Greene is the runner-up for the art contest to design a new sign for the Town which should be three weeks. Mayor Gibbs asked Kenlea to please come forward at this time up and in then presented her with a certificate of appreciation, a gift card, and a challenge coin for. Mayor Gibbs then called art contest winner Lanie Bumgarner to come forward at this time and presented Lanie and Kenlea with a poster of their, pictures and stated, he would like them to come back when the signs are up so that they can havé their pictures taken in  about  front oft the new signs. No Council action is required.  A)  PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO PERMIT A HORSE ON PROPERTY AT3PZUSINICHWAYIK OPEN PUBLIC HEARING: Mayor Gibbs asked for a motion to open the public hearing concerning Jack and Debbie Mason who is requesting 'a Conditional Use Permit On a motion made" by Joe Wesson and seconded by Beverly Fry, the public hearing was SWEARING IN OF PERSON(S) GIVING TESTIMONY: Town Clerk Susan Nagle STAFF RECOMMENDATIONS: Town Planner Hines stated the request before you is the consideration ofa Conditional Use Permit fora a horse. The yoy, is owhed and thé applicânts are Jack'and Debbie Mason. Their mâiling address property is: P.O. Box 267 Hudson, NC 28638, the addréss' for the property in question is: 3912 US Highway' 321-A, the North' Carolina Parcel Number is: 2766-67-1789, the size of the property in total is 10.89 acres and is zoned RA-20. The Sawmills Zoning regulations require that to have a horse in the RA-20 zoning district a Conditional Use Permit must be approved by the Town Council. The applicant is requesting approval for a horse on  to have a horse at 3912 US Highway 321-A. opened at 6:10 p.m. All were in favor.  "IA  :.  : *it  # 's ',E  :i :: ::  5  swore in the staff testimony ofTown Planner Emily Hines.  haye  1.09 acres of pasture land for this particular parcel ofland.    October 18, 2011 Page 3 of20  Planner Hines: The approving of Conditional Use Permits state there are two (2) findings of facts that the Board has to meet and find an approval to actually approve a Conditional Use Permit. The first finding of fact is that the use will not affect the health or safety of persons residing or working in the neighborhood of the proposed use. The second finding is that the use will not be detrimental to the public welfare or injurious to the In your staff report you'll see that I have two recommended findings of fact based on the evidence that I had at times I wrote this. The first staff recommended finding is that the proposed use of a horse will not affect the health or safety of persons residing or working in the neighborhood. All pasture and barn areas will be maintained and kept clean to reduce any unreasonable smell. The second staff recommended finding is that the proposed use of a horse will not. be detrimental to the public welfare or injurious to property or public improvements in the neighborhood. There will be adequate fencing to Ialso have two (2) potential conditions that you may or may not want. Conditions to place on the Conditional Use Permit. The first one is that animal waste shall not be stored any closer that fifty (50) feet from any property line or surface water not in the same ownership and that the area used for grazing, exercising, or training of said animals shall be securely fenced to prevent the horse from straying. There's already a condition in the Zoning Ordinance itself that requires a minimum of one acre per horse.. That's actually already part of your Zoning Ordinance. So in your package you have a copy of the application that was submitted by the property owners, a copy of the map and then, additionally just for your information the notices that were sent out to the. property owner and all of the adjoining properties within one hundred (100). feet of this property. AsI stated, based on those findings of fact I do recommend approval of the Conditional Use Permit. Also, just want to note in your staff report you'll see on the first page there are three (3) motions that have to be made this is what you get on when eyeryone speaks but you would need to accept the evidence as presented, approve the finding of facts stated, you can either adopt it with the ones that I have put in front of you, ) those two (2) findings of fact with my staff recommended findings or if you disagree with me and you came up with your own and then the last motion would be actually to approve the conditions if you wanted to adopt the two (2) other conditions I put in there or if any SWEARING IN OF PERSON(S) GIVING TESTIMONY: Mayor Gibbs asked if anyone wished to speak and if SO would they please come forward at this time to be  property or public improvements int the neighborhood.  prevent the horse from leaving the property unattended.  additional, or to deny the Conditional Use Permit.  sworn in.  There was no one wishing to give testimony.  Councilman Joe Wesson: Let me ask you a question there's two (2) conditions that are being put on about the waste and all, would you go over those again please?    October 18,2011 Page 4 of20  Planner Hines: Well those are two that I was looking at in other Ordinances  have to do it.  Ijust don't  Councilman Wesson: Cause I wonder about that about the waste, now are they going to have enough territory over there and all and everything. Imean is, the fence now saying within his property line or somebody else's or something SO many feet of stored you Planner Hines: Well as Isaid fifty (50) feet away from his property, property linès that are not adjacent to other property that they own. They also own two othèr parcels  waste.  right theré.    that are  Councilman Wesson: So, if! hé owns fifty (50) foot on the other side oft the fence it's not  going to fly anyway. Okay, Okay. Planner Hines: There it's not a problem.  Councilman Wesson: And that the other was what now? they would have iti in a scured fenced area. Councilman Wesson: Okay ya.  Planner Hines: The other one was to just make suré to actually put in the Ordinance that  Planner Hines: It's one of thosé things like you know somebody's probably going to do it but at least this way. you get, if you approve the Conditional Use Permit,  the you get  Conditional Use fee.  Councilman Wesson: Right, okay! Now on the waste, now that means stored? In mean if itg goes out there on that fence line, has a dropping or something like thât that's not really Planner Hines: That's not what I'm talking about. Tm talking about where they... Councilman Wesson: Get it up and they store it? Okay, okayluhderstand. Planner Hines: You don't want it near somebody else's property line or near water, know a pond out theré something like that. It could trickle to get into the water system! you Councilman Wesson: I don't feel that's unreasonable at all SO anyway, I just want to  storing it!  define that you know what Imean. Planner Hines: Ya, oh no, not aj problem.    October 18, 2011 Page 5 of20  Councilman Wesson: Didn't want to get in trouble cause the horse the horse goes out there and maybe makes a dropping and then there he is somebody's out there saying well  you're in violation.  Planner Hines: I've had them Iknow that's a problem.  Mayor Bob Gibbs: Okay Jack and Debbie you're here, would you like to speak, anything? Imean, Iknow that you're gonna fix the barn up. Miss Holden told me that and that you're gonna put a fence up for the horse and I mean I know you're gonna do that stuff cause Miss Holden said you were and her word is bond to me SO, like Isaid it's up to the Council and right now what's the next thing we need to do Emily? There's Planner Hines: The next thing is since there's no other evidence we presented, you would need to actually make a motion to accept the evidence as has been presented to you. Councilman Wesson: On the three (3) parts first? And then finally to approve the whole  three (3) motions that we gotta go by.  thing? We have to make three (3) motions?  Planner Hines: Right. First you have to accept everything you heard.  Councilman Wesson: Right, right okay!  COUNCIL ACTION: Mayor Gibbs: Okay I need a motion to do that to accept. Councilwoman Gerelene Belevins: In make a motion that we accept everything that we've  heard first. Mayor Gibbs: Second? Councilman Wesson: Second. All were in favor.  Mayor Gibbs: Okay, next motion, Emily?  Planner Hines: The next motion is to approve the findings of fact. Councilman Wesson: Imake a motion that we approve the findings of fact.  Councilwoman Beverly Fry: P'll second.  Mayor: All in favor? staff recommendations.  Town Attorney Terry Taylor: The findings of fact that are already there in the proposed    October 18, 2011 Page 6of20  Planner Hines: The one'ss staffrecommends?  Attorney Taylor: Ya! Mayor Gibbs: Okay all in favor? All wére in favor.  Mayor Gibbs: Alright, the next thing, Emily?  Planner Hines: The next motion is to approve, well you have two choiçes now. Youcan make a motion to approve the Conditional Use Permit or apprové the Conditional Use Permit with the two conditions that I had. However, if you do approve both conditions Councilman Wesson: Well. Like Is said, I fell that it's no nothing that's off handed or anything. Iknow Jack and Debbie's responsible people. They would do that'anyway. So, PIlj just go ahead and make a motion that we approve it with the conditions. Which, I  that Iput in here or, thèsé two and any others you have.  think that would be fair anyway. Their gonna comply with that.  Councilman Joe Norman: T'lI second. Mayor Gibbs: All in favor? All were in favor. public hearing.  CLOSE PUBLIC HEARING: Mayor Gibbs: Alright, I need a motion to close the Councilwoman Gerelene Blevins: Do you need a motion on them to have a horse?  Mayor Gibbs: That, we just did!  Councilwoman Blevins: Does that take care ofitall? Attorney Taylor: Ya, that was the motion to approve.  Counci'woman Blevins: Oh, okay!  Mayor Gibbs: Okay the next thing is tol have a motion to close the public hearing. Councilwoman Blevins: I make a motion that we close the public hearing.  Councilman Norman: Second.    October 18, 2011 Page 7of20  Mayor Gibbs: All in favor?  The public hearing was closed at 6:18 p.m. All were in favor.  PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT FOR WHOLESALE STORAGE OF HOUSEHOLD HAZARDOUS WASTE ON OPEN PUBLIC HEARING: Mayor Gibbs asked for a motion to open the public hearing concerning STAT, Incorporated who is requesting a conditional use permit for. wholesale storage of household hazardous waste on parcel 2776-24-8991. Onai motion made by Joe Wesson and seconded by Joe Norman, the public hearing was SWEARING IN OF PERSON(S) GIVING TESTIMONY: Town Clerk Susan Nagle STAFF RECOMMENDATIONS: Town Planner Emily Hines stated, the request before you now is the Conditional Use Permit for wholesale storage of household hazardous waste. The property is owned by Garry and, Barbara Sparks mailing address: 3220 Taylorsville Road Lenoir, NC 28645. The applicant is STAT, Incorporated mailing address:. 3062 Eli Lane Hudson,. NÇ 28638. The property is located on Spartan Drive, North Carolina Parcel Number 2776-24-8991. The property is approximately 2.67 acres and is zoned, Highway Business. The Sawmills Zoning Ordinance requires a Conditional Use Permit. Must be approyed by the Town Council to haye wholesale storage of gasoline and oil produçts including bottled gas -nd oxygen. The applicant is requesting specifically to have a household hazardous waste site which., falls under. that category. I've stated before there are two (2) findings that the Board has to find to approve a Planner Hines stated this bits a little short PlI just go ahead and do my staff recommended findings. The first one is that the proposed use of a household hazardous waste site will not affect the health or safety of the persons residing or working in the neighborhood. The site is only a drop off location. No permanent disposal will be done at this site. The second finding is that the proposed use of a household hazardous waste site will not be detrimental to public welfare or injurious to property or. public improvemens in the neighborhood The majority of the properties in the area are industrial uses. The proposed use will benefit the Town as a whole by removing some hazardous waste from the area landfills. The one condition that I've recommended to be placed on this is that the condition that it is for it's stating no disposal of hazardous waste on site, to  PARCEL 2776-24-8991:  opened at 6:19 p.m. All were in favor.  swore in the téstimony ofTown Planner Emily Hines.  Conditional Use Permit,  :  be used as a drop off location only.    October 18, 2011 Page 8 of20  In your package you have a copy of the applicationfor the property owner, a copy of the zoning map and additionally, the letters that were sent to the property owner and to the adjoining property owners within a hundred feêt of this. I'do recommend in favor of issuing the Conditional Use Permit based on the fact that it does meet the two of fact, and also recommend adding the condition onto this Conditional Use (2) Permit findings and that'si in line with what the property owher wants to do: Just 'a big drop offlocation.  Mayor Bob Gibbs: Gary you' 're here you wanna speak?  *  s  Clerk Nagle swore in the testimony oft the property owner Garry Sparks:  :  Mr. Sparks:A couple of things I want to clarify. When you say oxygen what does  mean?  ix, falis under that, your's :" : ! i  that  Planner Hines: No Iknow that was the overall thing and  Mr. Sparks: Okay! Basically what were talking about is Catawba County does a household hazardous waste event once a year, Caldwell County Enforcement does do one! They- -do not do one and I wondèred why. I'guess they just can't afford not it or whatever they just 'don't. And, speaking to the members of Caldwell County and everything generally, what we're trying to' do isj just keep this material out of the landfill. and take it the a TSDF and they get rid ofit. The things I'm talking about gather stuff up are in your house are aerosol cans of paint that you've not used. Latex paint gétting that rid of not used. Gasoline, fuel, things like that, that' you have in your house. Draino, you've they end up and contaminate water then that's where' it goes: What we do is we take that material, put it together and send it to soméone that càn properly rid ofit. containers and get rid ofit. That's what the whole idea of this is. ship For the past twenty proper (20) years I've been taking care oft this out of my pocket l'ye been doing it myself! come up to me and say hey get rid of this, and I get rid ofit fort them, But, it's They, a time where now,T would like to get more stable at gétting this done.  Idoitin about six (6) counties across the state. We take equipment,  this  like that, that you hormally just don't think ahything àbout 'buf, when We would be a collection site, wé'd gather the matérial up and  end' just things the they upi in it off get in  landfill  come   : 1.:  Mayor'Gibbs: Does anybodyh have âny questions?  ,  Councilman Joe Norman: Will therei be a drop off site at your place? How do Mr. Sparks: Right, what we wanna do is set up a place where say, if you have somé your house and you wanna bring it to this site, you put it in the back of your car and at itt to me. There will be a person there that'l! take it out; they'lI put it in a proper container bring and you'll leave and that's how we get rid ofit! That's the way the events were to work ift they have it at Crawdad's stadium, and they'lI be like a hundred cars backed up and everybody's got this material in the back of their cars they want to get rid of and that's  material to you?  you get  how they doi it.    October 18, 2011 Page 9 of20  Councilman Norman: Will they be open five (5) days a week here in Town?  Mr. Sparks: Well, what we're gonna try and do is, now this is just the first step. Ihave to go through the State ofl North Carolina and then II have to get a permit from them. Which you know,it's a process, also. Then we get a permit from them and everything and we have to get a company agreement with the county. Then you know, hey they will pay me something for doing this and then you know that's how far along we are to go.. It's not  just like tomorrow you'll see something. Councilman Norman: So, this is the first step? Mr. Sparks: This is the first step. Absolutely!  Councilman Joe Wesson: On that cost, there like, that will the County be paying you, or  the?  Mr. Sparks: Sure.  Councilman Wesson:The individuals, they can just take it out at no cost, right? Mr. Sparks: Normally, this is what the other counties do, and Greensboro has got a big colleçtion çenter. Normally what they do is, they come and they bring it, we weigh the material that comes in, then we say this is how much you got, and this is how much we got rid of and the county would foot the bill. Because, I couldn't collect from  individuals, Ineverhave. Mayor Gibbs: Okay. with public much.  Mr. Sparks: STAT is more of a business to business relationship. We don't really deal Counci/man Wesson: Well it sounds pretty good, there cause individuals could take it out there and get rid ofi it and like I say it don't get out there somewhere a rusted can would  enid up in a river and we' 'd end up drinking it. Mr. Sparks: That's what were talking about. Courcilman Wesson: Right, okay!  Councilwoman Gerelene Blevins: Could it ever become an expense on the Town of  Sawmills?  Mr. Sparks: No, maam!  Councilwoman Blevins: Or, would that be up to the County to do?    October 18, 2011 Page 10 of20  Mr. Sparks: It has to be with the County.  Councilwoman Blevins: And the County cân't charge the Town, SO much?  Mr. Sparks: I wouldn't think SO. Imean, it's not going to work unless the Couinty comes up with a way to pay for it. And; like I say right now what I have is péople çall me. They call the landfill, and the landfill furns and says, call STAT he'll take  taking up taking it but, end is getting to the end there. Councilwoman Blevins: Sure!  itandIendup  Iend up taking it for free and,lve dore this for 20 years and the  Councilman Wesson: This service, would just be for people in Caldwell County, they Mr. Sparks: Ib believe we're going to do Caldwell/Catawba since we' re SO close. Councilman Wesson: Okay SO, Catawba would possibly be in it together? Mr. Sparks: Yes they will share the expense! The County will share the  couldn't bring it from outside the County and bring it'h heré?  ' :.  1  expense.  Councilman Wesson: Will you have à Way of checking or whatever that somebody from Burké County or somebody that's not doing any paying is not going be using this.  Mr. Sparks: We'll just check they're driver's license.  Councilman Wesson: Okay, okay!  Councilwoman Beverly Fry: Well there's been fires out there. Will the storage ofany of Mr, Sparks: One ofthe things we. just did the Firé Marshal came out and he wanted me, to, move- some materials from the main building to a tatally separate building. process of doing that, matter of fact the buildings going up now, we' have a permit we' re putting up right now, which is just a small storage shed. There's always, Ican't tell you there's not going to be a fire because there's always. Thé last fire was sawdust, it was sawdust and sand. Idon't know why sawdust and sand will, burn, but it did! Imean, if you get enough sawdust, we use a lot of sawdust and, if you have that sawdust you're gonna have a chance always of a spark causing it sO this is not gonna, I wouldn't think that this would cause a bigger chance because it's gonna be across the road. It's not Mayor Gibbs: In all honesty, Garry more and likely what you're gonna take household chemicals it's nothing that wouldn't be in your house. Ifit's gonna catch fire it's  this increase the chances of fire's, cause that's school out there?  the  And, we'reip  gonna be at my business it's going to be across the road.  catch fire there just as good as it will over there.  gonna    October 18, 2011 Page 11 of20  Mr. Sparks: And, the only difference is ya there'd be more of them I mean, that's the only  thing you can say.  Councilwoman Fry: It'd be a bigger fire.  Councilwoman Blevins: Well like sawdust I mean in the furniture places they get a lot of sawdust. Sawdust builds up a heat and it burns sO that were the same way with you. Councilman Wesson: Will you have some kind of waste setup to where a lot of things  that maybe that's gonna be disposed of can'tmix together?  Mr. Sparks: It has to be that way! Councilman Wesson: Right!  Mr. Sparks: Okay, and the only way you can do it is, you have flammables here, your poisons here, and when I say poison that's Draino and things like that, your latex paint would be here. It all has to be separated cause the TSDF whiçh stands for Treatment Stored in a Disposal Facility. They will not take it, it has to be separated. Councilman Wesson: So there's not gonna be something put in something that's gonna  set something else off? Mr. Sparks: No!  Councilman Wesson: Soit's gonna be confined? Okay!  Mayor Gibbs: Okay, any other questions? Okay! Garry, Iappreciate it thank you! Alright,  Emily?  Citizen: Can Ijust ask a question? you want to talk, ain'tt that true Emily?  Mayor Gibbs: Well this is kinda like a court of law right now! You have to be sworn ini if  Planner Hines: Yes! He can ask the questions that he' s wanting.  Mayor Gibbs: You çan ask questions. Citizen: That's fine you all just go ahead.  Mayor Gibbs: Okay Emily, where do we go from here?  Planner Hines: As before, first you have to make a motion to accept the evidence as  presented.    October 18, 2011 Page 12of20  Councilwoman Blevins: Well I'd like to hear what he has to say before we vote!  there any way we can do that?  Are  Councilman Wesson: Are you talking about Benny?  Mayor Gibbs: Ya! He can speak. Benny you can çome up heré and speak,  tol be swominjust liké anyone else!" Citizen: Ijust have a simple question that'sall. Mayor Gibbs:Imean, it's like a court room.  you just have  Councilman Wesson: P'd like to hear this too cause we want to our heads Mayor Gibbs: No he can'tjust ask a quéstion he's gotta be sworn in.  this.  put  together on  Clerk Nagle swore in thé testimony of Benny Fry.  Mr. Fry: When you were reading the things you read you said that the area around there  isr mostly industrial?  Planner Hines: It's mostly industrial, yaI did say that!  Mr. Fry: II live within a half mile of that and Ic don't think it's mostly industrial. There'sa high school just below it, there's residents across from it, the outside ofit,  think it meets the criteria ift that's part of the çriteria.  mostly, Idon't  Planner Hines: No it's not part oft the criteria, it's based on the zoning for this area.  Mr. Fry: Well it'd have to go bigger. Planner Hines: Ididn'treference that. Mr. Fry: Well it happens to be mostly.  Planner Hines: I'm looking at this map and looking at this area here and all industrial. And ift the Board doesn'tagree with that then they can remove that it's item. zoned Mr. Fry: Well, It think the Board needs to look at that because it's not mostly industrial. Anybody that's ever been up there can look and I don't know what area there about, if you just isolate that little area, well ya, it's mostly industrial. surrounded by a high school, there's a development across from it. Idon'tsee But, Imean, how in it's the  talking  world you can say that'si industrial.    October 18, 2011 Page 13of20  It's not good whenever they come to your house and tell you that you gotta pack your stuff up you can't stay in your house the place down the roads on fire. We've been through that over there and I didn't like it and I don't think they need anymore ammunition on that 2 point whatever acres they got and it's not mostly industrial. It's mostly residential and there's a school house within a mile of the place where there's Mayor Gibbs: Is there anyone else that would like to swear in testimony? Alright Emily, Planner Hines: Okay the first motion that you would need to, make is to accept:the Councilman Wesson: Can Is say one more word before we get into this, say one thing?  children at and Idon'think that any of that stuffneeds to be out there.  let's report.  evidence as presented.  Mayor Gibbs: Go ahead.  Councilman Wesson: I would like to say this, when we listened to everything we had one person opposed. The one thing that concerns me about this it's not going to be just for Caldwell County it's going to be Catawba, County. Whose to say another county is not to come in and then another county to come in and then we. have a huge bunch of stuff that's stored out there and I agree, I gotta agree with what he said we done had to leave Town a couple different times and all. I'm conçerned about this thing maybe getting out of hand and I see possibly that it could. So Ijust wanted to voice my opinion before we start to Counçilman Norman: Do we have any idea, Garry can you tell us exactly how much at Mr. Sparks: Well, you can't have material there over ninety (90) days, that's the law. I have no idea, and when I say that, I'm talking. about, I would think that most the péople in Caldwell County got drums and drums of stuff sitting around, that you're talking Councilman Wesson: I mean, I see good parts about it but, I also see things that could get out of whack because it's not going to be regulated just for Caldwell County and then it starts coming in and coming in from. other counties and we don't know what's coming in and, all kinda different stuff, and Iknow these people over there in that area, there's been concerns about stuff from over there and all, anyway chemicals and all and everything and fire and people breathing it. Like Isay we've had several scares and things in this county already and we had to deal with an incinerator and I think we need to consider all Councilwoman Blevins: Does all the Council people know where it's at, where it's  get into the ropes on this.  any one time you think would be stored there?  about. Maybe ten (10) drums at a time, I'm not sure.  the factors.  located and all that?    October 18, 2011 Page 14 of20  Mayor: Yes!  Councilwoman Blevins: Okay, I'm making a motion that we table this till our Councilman Norman: Ya, Ithink that's a good idea. P'd like to know the all the things that would be stored are all of them highly flammable or percentagé of Councilman Wesson: I'd like to ask you one question, is there a possibility going to say it's gonna go no further then just' up from Caldwell County ànd that Çatawba your County? That your not possibly at all, that your definitely not at all gonna take none Mr. Sparks: Well, to be perfectly honest with you, what they're plans were and  meeting and get some more information on it.  next  : of  won't burn?  some them that  from any other county, or can you say that to me?  I'm talking about Caldwell County. Councilman Wesson: Right!  this is,  Mr. Sparks: What'they're plans were, to do Burke County, Caldwell and that one,  three (3).  those  Councilman Wesson: So Burké's come into it now?" Okay, Right! Mr. Sparks: That's what they had mentioned but let me explain something to don't know. They haven't made any agreements with anybody, sO I mean, you, they Want. to say hey stop until you find out what agréements théir gonna have, that's you fine." don't Councilman Wesson: Right, but, Ijust want something, we don't want to grab pokéWe don'twanna say. we got stuff coming in here now from New York apig and South Carolina, and everywhere elsè and it can get like that, Ir mean, it's not from nothing specific about it's limifed too, that's leaving it wide open that it can comé in saying from  :  :  ina a  anywhere. :.  Mayor Gibbs: Alright,okay!  Councilman Wesson: I mean, that's) just my opinion Fwant to represent the area of the Town and that you know Ijust wânt to knôw ifl he' can't.guarantee people us that oft this it's just. gonna be certain ones when it leavés it wide open and I don't think that's a Councilman Norman: Gerelene made a motion to table this and P'll second that.  thing cause we gotta conçerned about the public welfare.  good  Mayor Gibbs: Well hang on! Terry?    October 18, 2011 Page 15 of20  Attorney Terry Taylor: First you have to complete your motion. Did you do the motion  toa accept all the evidence?  Mayor Gibbs: Ya, wei need a motion to accept all the evidence first. Councilman Norman: III make amotion we accept it, the evidence.  Mayor Gibbs: We need a second. Councilwoman Fry: P'll second.  Mayor Gibbs: All in favor? Any opposed? Okay!  All were in favor. meeting.  Mayor Gibbs: Now there is a motion on the floor at this time to table this till our next Attorney Taylor:I think you would first close the public hearing and thentable your actual Mayor Gibbs: Ya, we have to close the public hearing before we go any further. Alright. CLOSE PUBLIC HEARING: Mayor Gibbs: Alright, I need a motion to close the  vote on it, the next one.  public hearing.  Councilwoman Blevins: Imake a motion that we close the public hearing.  Councilman Wesson: I second. Mayor Gibbs: All in favor?  The public hearing was closed at 6:40 p.m. All were in favor. Attorney Taylor: Then you can make your motion.  COUNCIL ACTION: Councilwoman Blevins: I make a motion that we table this till Attorney Taylor: You can also request staff to investigate a little further and come back with some concrete recommendations for you in terms of maybe the amount and the Mayor Gibbs: Garry, correct me if I'm wrong, Emergency Preparedness peoples' the ones that's leading this, that committee, or whatever it is in Caldwell County that they  November 15th.  jurisdictions.  have.    October 18, 2011 Page 16 of20  Mr. Sparks: Yes, Emergency Response.  Mayor Gibbs: Emergency Response Committee. They'll be the ones that you need to Councilman Wesson: Ithink we need to include input from people that live around in that area over there. They should be allowed to come out and say how they feel, people that  talk sO.  live around that area.  Attorney Taylor: They had a right to come. Planner Hines: There was a notice in the paper.  Councilman Wesson: Is letters sent outlike they were on the other Conditional Use  Pérmit?  Mayor Gibbs: Yes, yes, yes! We had them in your agenda.  Councilman Wesson: How close around the area there was the letters sent out?  Planner Hines: Do you all live adjacent to? Councilwoman Fry: Right around the corner. Planner Hines: Do you live adjacent to the property?  Mr. Fry: Idon'thave property adjacent to' the property but, Icould almost spit and hitit. Planner Hines: Okay! That's why you didn't get a letter. However you found out about  the hearing, Ig guess this was in the paper? Councilwoman Fry: No.  Councilman Wesson: Did it have to be in or just the information? Did it haye to read  adjoining or touching property? Plaanner Hines: That's the requirement; yes!  Councilman Wesson: Right, but it could be all over there. The thing about this is, this is al little bit différent you got vapors and chemicals and stuff that could be, the closest place  that itcould go over. Mayor Gibbs: Okay! respect, anyway okay.  Councilman Wesson: Well,Imean, Ijust want to stress opinion here Mayor, with all due    October 18,2011 Page 17of20  Planner Hines: In the meantime, we also, put the notice in the paper.  Councilman Wesson; Okay, okay. Planner Hines: So, it's not just.  Councilman Wesson: Right! A lot of people don'ttake favor to getting the internet, was it  on the internet too or anything, posted up about that? Planner Hines: On the internet? Wasn'ta at agenda time.  Councilman Wesson: It wasn'ton our Town site or anything? Al lot of people go to that! Planner Hines: Icn't post it there sO Ican't say whether ir not it was, I can just tell you Councilman Wesson: Right! Well like I say, I think we need to look into it further, like we discussed and come back and then either approve, or disapprove at the next meeting.  what notices that Iknow for a fact were. done.  Administrator Seth Eckard: Okay!  Mayor Gibbs: Okay, Ihave a motion, and a second to table this, can I have a vote?  All were. in favor.  Mayor Gibbs:Okay, this things been tabled.  FINANCIAL MATTERS:INTINTERLOCAL AGREEMENT WITH CALDWELL COUNTY TO EXTEND THE SALES TAX REINVESTMENT AGREEMENT AS AMENDED: Administrator Eckard stated the enclosed is an Interlocal Agreement with Caldwell County to Extend the current Sales Tax Reinvestment Agreement as amended for another. four (4) years after the current contract expires June 30, 2013.. Upon, approyal of this, agreement Sawmills will start paying $280,000.00 a year. from $400,000.00 a year which, is a reduction. in contributions of30%. In the new agreement businesses will be given one (1) year to create promised jobs and will have to retain them  7  for an additional one (1) year.    October 18, 2011 Page 18 of20  The Caldwell County Commissioners have stated that this this fund will be creation only and will no longer be used to fund non-economic such as the Railroad Commission, The Stormwater Program and development the line items projects Interlocal Government which, will be removed leaving Sawmills to Lenoir directly for our share of the Stormwater Program. On a motion made by Joe Norman, and seconded by Joe" Wesson, Council Interlocal Agreement with Caldwell County to Extend the Sales Tax Reinvestment approved the Agreement as amended starting July 1, 2013 and ending June 30, 2017. All were  used for job the pay City of  for  favor.  in  PLANNING MATTERS:  CALL FOR A PUBLIC HEARING: BUMGARNER PROPERTY REZONING REQUEST FOR PROPERTY AT 2669 MISSION ROAD:Town Planner stated the Town has received a request from Roger and Cynthia to rezone Emily  Hines property at  2669 Mission Road.    Mr. and Mrs. Bumgarner own a house on this property and would like to add on but, according to the the Zoning Ordinance this property is zonéd' H-B, Highway Business which does not allow them to add on to the existing residence. Mr. and Mrs. are requesting the parcel be rezoned R-15; ResidentiarHigh Density.  Bumgarner  Planner Hines also stated, the Planning Commission has reviewed this request and would On a motion made by Joe Norman, and seconded by Joe Wesson, a public hearing rezoningrequést on property located at property at 2669 Mission Road was place at the next regularly scheduléd Council meeting on, Novémber 15, called to take  recommend approval.  ti  fora 2011at 6:00  p.m: at the Sawmills Town Hall. All wére in favor.  : :  ::.  CALL FOR A PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY DWELLING ON PROPERTY ON MAY, ROAD AND FARCEL2785-97-8343: Town Planner Emily Hinés stated that the Town hasréceived a'request from RonaldMcCracken for a'ConditionalUse Pérmit to allowan accessory dwelling on property located on Mayl Road, North Carolina Parcel Number Planner Hines also, stated this is an allowable use and according to the Sawmills Zoning On a motion made by Joe Norman, and seconded by Joe Wesson, a public hearing fora Conditional Use Permit to allow an accessory dwelling on property located on North Carolina Parcel Number 2755-97-8343 was called to take place at May the Road, next regularly scheduled Council meeting on November 15, 2011 at 6:00  2755-97-8343.  regulations, Council must approve all Conditional Use Permits.  at the Sawmills  Town Hall. All were in favor.  p.m.    October 18, 2011 Page 19 of20  PLANNING COMMISSION APPOINTMENTS: As you may recall, during the September 20, 2011 Council meeting Mayor Gibbs asked Council for recommendations for two alternates to serve on the Planning Commission. Planner Emily Hines recommended that Council chose one member that lives inside the Town limits and one Mayor Gibbs asked if anyone had any recommendations at this time. There being no recommendations at this time Mayor Gibbs asked Council to again to come to the November 15, 2011 regular Council meeting with recommendations for two alternates to  member that lives in the ETJ (Extra-Territorial Jurisdiction).  serve on Planning Commission. No Council açtion is required.  UPDATES:  CODE ENFORCEMENT MONTHLY REPORT: The enclosed report shows the updated progress continuously made throughout the Town by Code Enforcement Officer  Tony Cline.  No Council action is required.  ADMINISTRATORS REPORT: Town Administrator Seth Eckard stated that the fall newsletter went out last week and reminded everyone of the Town's Veteran's Day Observance which will take place at the Sawmills Veteran's Park on the first Saturday following Veteran's Day November 12, 2011 at 10:30 a.m. Administrator Eckard also stated, that Sawmills will have their Annual Christmas Parade December 3td which will begin at 10:00 a.m. and line-up will start at 9:30 a.m. Anyone wishing to participate may come by the Town Hall and pick up an application, and that there is no fee to participate. Mayor Gibbs stated there are twelve (12) names that have been put on the Veteran's Monument this year. The rain date will be the following Saturday, November 19,201. PUBLIC COMMENT: Mayor Gibbs asked If anyone would like to speak during the Debbie Mason would like to say thank-you for the newsletter and she appreciates the Bynum Ramsey would like to speak about his concern over the 4,000 gallons of use on  public comment period. Conditional Use Permit. his current water bill.    October 18, 2011 Page 20 of20  ADJOURN: Mayor Gibbs asked for a motion to adjourn.  On a motiom. made by Joe Wesson, and seconded by Joe Norman, the meeting was  adjourned. All were in favor.  Swsauahgle Susan Nagle, Town Clerk  71 Bob Gibbs, Mayor  ti  :#  :    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  AR  Gerelene Blevins, Mayor Pro-Tem  "COAPORATED  TOWN OF SAWMILLS TOWN COUNCIL October 18, 2011 STATEMENT OF OATH  Place your left hand on the Bible and raise your right hand  Dos you swear (or affirm) that the evidence you shall give to the Town Council in this çause now on trial, wherein Jack and Debbie Mason are the Petitioners, shall be the truth, the  whole truth, and nothing but the truth, so help you, God.  Signature of Person Giving Testimony: Print Name of Person Giving Testimony:  Rk  Emil Hino  Attest: Susan Nagle Town Clerk Town of Sawmills  Swans Magle  YealSEAL JULYI, 1988 : COURT 1911  Town of Sawmills eaomoamilses  4076 US Highway 321-A * Sawmills NC *( (828)396-7903 * (828)396-8955 fax  The Town of Sawmilis does not discriminate ont the basis of age, sex, race, religion, national origin, disability, political affiliation, orr marital status.    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  OFSANE  Gerelene Blevins, Mayor Pro-Tem  ):  "CORPORAIED  TOWN OFSAWMILLS TOWN COUNCIL October 18, 2011 STATEMENT OF OATH  Place your left hand on the Bible and raise your right hand  Do you swear (or affirm) that the evidence you shall give to the Town Council in this cause now on trial, wherein STAT, Incorporated is the Petitioner, shall be the truth, the whole  truth, and nothing but the truth, SO help you, God.  Signature ofl Person Giving Testimony: Print Name of Person Giving Testimony:  1 Hins  Attest: rban Susan Nagle Town Clerk Town of Sawmills  R  OF BEAL JULY1, 1988  COUR  Nag&  Town of Sawmills tp/www.lownotsawmills.com,  4076 USI Highway 321-A * Sawmills NÇ * (828)396-7903 * (828)396-8955 fax  The' Town ofs Sawmills does not discriminate on the basis ofa age, sex, race, religion, national origin, disability, political affiliation, or maritals status.    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  o  UER  Gerelene Blevins, Mayor Pro-Tem  COAPOBATED  TOWN OF SAWMILLS TOWN COUNCIL October 18, 2011 STATEMENT OF OATH  Place your. left hand on the Bible and raise your right hand  Do you swear (or affirm) that the evidence you shall give to the Town Council in this cause now on trial, wherein STAT, Incorporated is the Petitioner, shall be the truth, the whole  truth, and nothing but the truth, SO help you, God.  Signature of Person Giving Testimony: Print Name of Person Giving Testimony: Ga  )  e  Attest: Susan Nagle Town Clerk Town of Sawmills   A  SEAL JULY1,1988 COUN  SaMagle  Town of Sawmills ntp/www.townolsawmils.com  4076 US Highway 321-A * Sawmills NC * (828)396-7903 * (828)396-8955 fax  The Town of Sawmills does not discriminate ont the! basis of age, sex, race, religion, national origin, disability, political affiliation, or marital status.    MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  sI  Gerelene Blevins, Mayor Pro-Tem  ORPORATED  TOWN OF SAWMILLS TOWN COUNCIL October 18, 2011 STATEMENT OF OATH  Place your left hand on the Bible and raise your right hand  Do you swear (or affirm) that the evidence you shail give to the Town Council in this cause now on trial, wherein STAT, Incorporated is the Petitioner, shall be the truth, the whole  truth, and nothing but the truth, sO help you, God.  Signature of Person Giving Testimony: Print Name of Person Giving Testimony:  Fry  R  Attest: Susan Nagle Town Clerk Town of Sawmills  Sran Magle  fal)SEAL JULY1,1 1988 fcou COUT  Town of Sawmills htp/www.townofsawmills.com  4076 US Highway 321-A * Sawmills NC * (828)396-7903 * (828)396-8955 fax  The' Town ofSawmilis does not discriminate ont the basis of age, sex, race, religion, national origin, disability, political aftiliation, or marital status.    NORTH CAROLINA CALDWELL COUNTY  AGREEMENTTO EXTEND SALES TAX REINVESTMENT AGREEMENT  This Agreement to Extend Sales Tax Re-Investment Agreement is entered into by and among CALDWELL COUNTY ("the County"), a political subdivision of the State of North Catolina, and TOWN OF GAMEWELL ("Gamewell"), TOWN OF SAWMILLS ("Sawmills"), TOWN OF CAJAH'S MOUNTAIN ("Cajah's Mountain"), TOWN OF HUDSON ("Hudson"), TOWN OFGRANITE FALLS ("Granite Falls") and CITY OF LENOIR ("Lenoir"), all being North Carolina municipal corporations.    WITNESSETH:  WHEREAS, in March of 2002, the County, Gamewell, Sawmills, Cajah's Mountain, Hudson, and Granite Falls entered into an Interlocal Agreement ("the Agreement") that established a special appropriation fund to be funded by the municipalities and administered by the County ("the Fund"), and also established an Intergoyermmental Advisory Board to make. recommendations to the County Board of  -  Commissioners concerning expenditures of monies in the fund; and  WHEREAS, the Agreement has come to be referred to as the "sales tax reinvestment agreement", the fund established thereby has come to be known as the "sales tax reinvestment fund" and the advisory board has come to be known as the "sales  :    :  tax reinvestment committee", and  WHEREAS, in August of 2009 all of the parties to the Agreement and Lenoir entered into Amendment #1 to the Agreement whereby Lenoir was added as a party; the Agreement was extended through June 30, 2013; the municipalities' respective    contributions to the Fund were increased and the timing of those contributions was  altered; and  WHEREAS, all of the parties have agreed to extend the Agreement, as amended by Amendment #1, for a period of four (4) additional years from July 1, 2013 through June 30, 2017, and to make certain modifications that will apply only during the four (4)  additional years:  NOW,THEREFORE, for and in consideration of the mutual covenants contained  herein, the parties agree and contract as follows:  1.  The Agreement, as amended by Amendment #1, is extended for a period  of four (4) additional years, from July 1,2013 through June 30, 2017.  2.  During the four (4) additional years only, the municipalities' respective  annual contributions to the Fund shall be the following:  Gamewell Sawmills Granite Falls - Hudson Cajah's Mountain- Lenoir- - ANNUALTOTAL 3.  $273,000.00 280,000.00 40,000.00 40,000.00 224,000.00 10,000.00 $867,000.00  During the four (4) additional years only, funding from the Fund for  stormwater management activities, Caldwell Railroad Commission administration, and intergovernmental marketing will cease, leaving only economic development activities to  be funded from the Fund.  4. During the four (4) additional years only, should the sales tax revenues fall to a level below the level experienced at the time of this Agreement, each municipality shall retain the right to request that their contribution be lowered. The request must be  2    submitted to the County Board of Commissioners no later than January 315t. Ifapproved, the lowered contribution would take effect in the following fiscal year, for the payment due to the County in July. Upon obtaining a request to lower the contribution amount the County shall analyze the actual sales tax receipts of each member and determine if a reduction in the contribution is warranted. The ultimate authority on whether or not to reduce the contribution from a municipality shall rest with the County Board of  Commissioners.  5. The Agreement, as amended by Amendment #I, remains in full force and effect without modification through June 30, 2013. Except as expressly modified by this Agreement, the, Agreement, as amended by Amendment #1, remains in full force and effect during the additional four (4) year period from July 1,2013 through June 30, 2017.  CALDWELL COUNTY  By::  Chairman, Board of County Commissioners  Entered into by Caldwell County pursuant to Resolution adopted by the Caldwell  County Board ofCommissioners on the day ofOctober, 2011.  TOWN OF GAMEWELL  By:  Mayor  Entered into by the Town of Gamewell pursuant to Resolution adopted by the  Gamewell Town Council on the day ofOctober, 2011.  3    TOWN OF SAWMILLS By 164 Mayor  Entered into by the Town, of Sawmills pursuant to Resolution adopted by the  Sawmills Town Council on the IBay ofOctober, 2011.  TOWN OF CAJAH'S MOUNTAIN  By: Mayor  Entered into by the Town of Cajah's Mountain pursuant to Resolution adopted by  the Cajah's Mountain Town Council on the day ofOctober, 2011.  TOWN OF HUDSON  By:  Mayor  Entered into by the Town of Hudson pursuant to Resolution adopted by the  Hudson Town Council on the day of October, 2011.  TOWN TOF GRANITE FALLS  By:  Mayor  Entered into by the Town of Granite Falls pursuant to Resolution adopted by the  Granite Falls Town Council on the day of October, 2011.  4    CITY OFLENOIR  By:  Mayor  Entered into by the City of Lenoir pursuant to Resolution adopted by the Lenoir  City Council on the day ofOctober, 2011.  5