Page 1of19  TUESDAYNOVEMBERI 15,2011  TOWN OF SAWMILLS REGULAR COUNCIL MEETING  6:00 P.M.  COUNCIL PRESENT Bob Gibbs Gerelene Blevins Beverly Fry Donnie Potter Joe Wesson COUNCIL ABSENT Joe Norman,  STAFF PRESENT Seth Eckard Susan Nagle Terry Taylor  CALLTO ORDER: Mayor Bob Gibbs called the meeting to order. INVOCATION: Pastor John Greene gave the invocation.  PLEDGE OF ALLEGIANCE: Mayor Gibbs led the Pledge of Allegiance. ADOPT AGENDA: Mayor Gibbs asked for a motion to adopt the agenda. Onamotion made by Gerelene Blevins, and seçonded by Jpe Wesson, the agenda was. APPROVAL OF OCTOBER 18#h REGULAR MEETING, MINUTES: Mayor Gibbs asked for ramotion, fo approve the October 18, 2011 regular meeting minutes. Ona motion, made by Joe Wesson, and seconded by Donnie Potter,, the minutes were FY 2010-2011 AUDIT PRESENTATION: Rick Hammer and Jim Lowdermilk with Lowdermilk Church & Co, LLP, presented to Council the 2010-2011 Town audit. Mr. Hammer. stated that the Town received a clean audit and. commended staff and  . , : , adopted. Ail were in favor.    approved. All.were ini favor.  Council on their efforts fo maintain a strong fund balance.,  No Council action is required.    November 15, 2011 Page 20 of19  RECOGNITIONS:  YARD OF THE MONTH WINNERS: Mayor Pro-Tem Gerelene Blevins stated that Richard McDowell from the 28630 zip code and Councilwoman Beverly Fry stated that Audrey Bare along with Gwèndolyn Mason from the 28638 zip code was the yard of the month winners for November. Mayor Gibbs stated Audrey Bare and Gwendolyn Mason are not present tonight and they may pick up their picture and certificate at the Town Hall  at there convenience. No Council action is required.  RECYCLE REWARDS PROGRAM WINNER: Town Administrator Seth Eckard would like to congratulate Bobby Webb on winning the Recycle Rewards Program for November. Administrator Eckard stated since Mr. Webb is not in attendance he may pick up his certificate at the Town Hall at his convenience and he will receive a $25.00  credit on his sanitation bill. No Council action is required.  a44  *  QUASIJUDICIAL PROCEDURE: Town Planner Emily Hines discussed with Council the procedure for Quasi-Judicial proceedings including what the process for a Conditional Use Permit is and how this is different from what Council normally does. COUNCIL ACTION: REQUEST FOR A CONDITIONAL USE PERMIT FOR WHOLESALE STORAGE OF HOUSEHOLD WASTE ON PARCEL 2776-24- READING OF MINUTES: Mayor Gibbs asked Town Planner' Emily Hines to read the minutes of the October 18, 2011 meeting on the requést for a Conditional Use Permit for wholesale storage of household waste on parcel number 2776-24-8991. Planner Hines stated Council tabléd this mâtter at thè October meeting and the minutes from that meeting will need to be read. Planner Hines read the minutés of the October 18, 2011 STAFF REPORT: Planner Hines stâted the staff report you have in front of you is that the property owner is Garry and Barbara Sparks. Their address is 3220 Taylorsville Road Lenoir, North Carolina 2865. The' applicant is STAT, Incorporated 3062' Eli Lane Hudson, North Carolina. The prôperty is located on Spartan Drive parçel number 2776- 24-8991 and has approximately 2.67 acres. The property is zoned Highway Business and the proposed use is for wholesale storage of household hazardous waste. The Sawmills zoning regulations requires that a Conditional Use Permit must be approved by the Town Council to have wholesale storage of gasoline and oil products, including bottled gas and  8991:  regular Council meeting for the record.  oxygen.    November 15, 2011 Page 3 of19  The applicant is requesting approval for a household hazardous waste site. There are two findings of fact that have to be met. The first one is the use will not affect the health or safety of persons residing or working in the neighborhood of the proposed use. Staff recommended finding is that the proposed use of a household hazardous waste site will not affect the health or safety of the persons residing or working in the neighborhood. The site is only a drop-off location. No permanent disposal will be done at this site. The second finding that hasi to be met is- that the use will not be detrimental to the public welfare or, injurious to property or public improvements in ther neighborhood. : Staff recommended finding is that the proposed use of a household hazardous waste site will not be detrimental to the public welfare or injurious to property or public improvéments to the neighborhood. The proposed use will benefit the Town as a whole by removing some hazardous waste from thé arèa landfills. The néxt part of the staff report Planner Hines included additional information from' the North Carolina Department of Environment and Natural Resources Waste Management Division. Household hazardous waste: did you know that the avérage US household generates about thirty (30) poundsof household hazardous waste per year? And did you know that the United States generates about 1.6 million tons each year? So what is household hazardous waste and how can you make a difference? -For most ofus, a glance under the kitchen sink is a good way to start identifying the houséhold hazardous waste in our lives. Household hazardous waste is hazardous material that has already been used or can no longer be used. Ifnot disposed ofproperly, it can pose a threat to human héalth and: the environment. Itis hazardous and it is in your house: you will be amazed to discover how many hazardous chemicals you store in your home! Household maintenance products like paint, thinners and gluès make up more. than a third of the household hazardous waste in our daily, garbage. Anything from household cleaners and batteries to personal care products like nail polish, polish remover and hair spray make up the other two-thirds. Vehicles care requires grease and oil, which are hazardous products and gardener use pesticides and fertilizers. Keeping our pets pest-free requires hazardous chemicals and that lighter fluid you used to start your grill is hazardous, too. Pool chemicals and pharmaceuticals take us from the backyard to the medicine chest and theré are lots of others in. betwéen. Learning about household hazardous wastes, reducing the amount used, and using non-hazardous alternates are steps wè çan all take to reduce the waste we put in our local landfills. Reduce, reuse, and recycle! Most folks think the three R's apply to solid waste, but they can be just as. effective with household hazardous waste. Household hazardous waste can be reused and recycled ifit is brought to a household hazardous waste collection center. Many counties in North Carolina have household hazardous waste collection centers. Check the list to find one near you. Household hazardous waste collection sites consolidate wastes for reuse, such as donating paint to Habitat for Humanity or by using hazardous wastes as a fuel. Many household hazardous waste collection centers also accept used oil and SO do many auto parts retailers. Reducing the amount of waste you generate in the first place is the best option of all. You can easily do this by using less hazardous alternates. Baking soda and water make a great mild abrasive cleanser. Windows can be cleaned with a vinegar and water mix and then wiped dry with old newspapers. In fact, most çleaning, jobs can be done using liquid soap and borax (found  in the detergent aisle).    November 15,2011 Page 4 of19  For more ideas on how to reduce the amount of household hazardous waste you create, check the chart below. In the chart below from the State, lists a number of common household hazardous waste. AndIincluded it so you can kind of see what we are talking  about.  Common Household Hazardous Waste with Disposal Information and Alternatives  Substance Rodent. bait  Problem Lethal  Disposal  Alternatives  Use up or bring to HHW Cats, traps..  collection site collection site collection site Wash dowri'with lots of colléction site colléction site collection-site  Insect repellent Poisonous Use up or bring to HHW. Screens, marigolds,  rosemary, garlic pyrethrins, ladybugs boiling water. overnight alcohol and aluminum foil. Toothpaste  Herbicides, insecticides, fungicides Drain cleaner Oven cleaners Toilet cleaner. Spot remover Silvér polish  Poisonous Use up or bring to HHW Hand pick or hose,  Corrosive watèr or bring to HHW Baking: soda; vinegar,and Corrosive Use up or bring to HHW Salt and, ammonia Poisonous Wash down with water Mild detergent and bleach Poisonous Use up or bring to HHW Cold wâter and detergent,  Use up or bring to HHW Water, baking soda, salt  Poisonous collection site  Furniture polish Poisonous Useu up or bring to HHW Lemon oil and minéral oil  collection site collection site litter    Dyes Paint Air freshener cleaner Antifreeze  Poisonous Use up or bring to HHW. Vegetable dyes like.onion,. Flammable Allow to airdry, mix with Latéx, buy only what you  teas, marigolds :: néed Potpourri  Numb nasal Wrap in plastic  tissue  Brass and copper Poisonous Use up,or bring to HHW Lemon juice and salt  collection site collection site collection site  Poisonous Use up or bring to HHW None  Oil and oil filters Poisonous Use up or bring to HHW Drain oil filters    November 15,2011 Page 5 of19  These are things such as rodent bait, insecticides, fungicides, drain cleaner, oven cleaners, toilet cleaner, spot remover, silver polish, furniture polish, dyes, paint, air freshener, brass and copper cleaners, antifreeze, oil and oil filters. The Board may place conditions on the use as part of the approval to assure adequate mitigation measures as associated with the use. The conditions shall become part of the Conditional Use Permit approval and shall be included in the final site plan application. Staffpotential conditions are that no permanent disposal of hazardous waste on site. Drop off location only: All State, Federal and Local rules and regulations concerning the waste products that are handled must be followed. Any violation of any such law or rule would automatically revoke the permit. A copy of the annual report on household hazardous waste collected must also be submitted to the Town and a statement from the applicant that all regulations are in compliance. The appliçation must specify counties or the jurisdictions ofç çollection and must show proof,of adequate insurançe. Based on those conditions staff recommends in favor of approving the Conditional Use Permit. You have in your packet the application, the zoning map, the letters that were sent out and also, a brochure from Mayor Gibbs stated the next thing we need to talk about is the findings of fact. Do any of Councilman Joe Wesson: If we move forward with it and, I will stand behind this all the way. Iwant a condition that we know which counties it is coming from exactly.  the EPA that tells you a little more about household hazardous waste.  you have any questions about such?  Councilman Donnie Potter: It's already in with this.  Town Planner Emily Hines: Yes!  Councilman Wesson: It said that, but it is not a condition you read.  Planner Hines: I didn't list them because as you got from the last meeting he needed to talk to the group he was working with to specify exactly which counties. Ididn't want to Councilman Wesson: Right but, it will be a condition that only those counties that were  list them all and list them wrong.  mentioned. Right? Planner Hines: Yes!  Councilman Wesson: Those Counties would be Burke and Catawba.  Planner Hines: Those are the ones he mentioned. Ididn't put those specifically in the staff report but you guys can. Ijust didn't know specifically which ones you wanted. I  didn't want to limit you.    November 15, 2011 Page 6 of19  Councilman Wesson: That is what I want to do because, if we move forward with thisl don't want it to come out and we're thinking it's going to be Catawba, it's going to be Burke, then it ends up being McDowell, then it ends up being sO and sO, then it ends up being South Carolina, then it ends up being Tennessee, and then we are a storage area for  all this stuff right here in Sawmills. PlannerHines: Iagree.  Councilman Wesson: I want a condition with Council agreement.  Councilman Potter He's faking the stuff today Joe! We don't know where it's coming from but he's been taking the stuff free at his current location. He's béeri taking it for yèars free of charge. People can go ovèr thère and we don't know where their coming Councilman Wesson: Right, but we need to know now though Donnie. We need to know!  from today.  Citizen: CanIask a question? Mayor Gibbs: No, you can't Richard.  Councilman Wesson: We need to know now and that's what I'm stressing on this thing because I don't want to get into writing a blank check on this stuff and if we move forward with itIv want a condition on there that it would be Catawba and Burke. Council'woman Beverly Fry: I think we should only do Caldwell County because he stated in that one thing all the cars came and they dropped it offin Hickory. Idon'tthink they need to have increased traffic on that road where there's student driver's. It'sagood thing to have a drop off but Ijust don't think we should bring in other counties. Councilman Potter: Like you said in the méeting and, if you look at thé verbiage, it's the first step. He doesn't have a contract today with Caldwél! or anybody. So, it's a possibility that he could get this permit, set this site up and nobody participate. Councilwoman Fry: Well, ,Istill feel it should be limited to Caldwell County only, ifitis done. This is a good thing to keep it out of the landfilis, those types ofitems. That'sa a two lane road and there's student driver's and Ijust don't think there should be incréased Councilman Wesson: I think it can be a good thing for the people ofCaldwell County. Counci.woman Fry: Ijust don't think we should take in other counties. Catawba's a lot  traffic from other counties.  larger than Caldwell.    November 15,2011 Page 7of19  Councilman Wesson: I don't want it to say we don't put any stipulations on there and the next thing you know it's out of whack and coming from, everywhere and then we have massive amounts we've got to deal with. I mean, it's a good thing for the, people of Caldwell County; it's going to. keep things out of our water supply and cans are not going tor rust. Imean, Ithink you could have aj plus to it. This is something I've battled with, I mean, Ireally have. Thinking about this deal here and all, it has pluses and minuses and like Isaid, we need to know where it's coming from. We have dealt with stuff like that before; come into Caldwell County and nobody knew where it was coming from. It was Councilman Potter: Well, Ithink what you' re seeing is, Idon'tthink that you're going to have a lot of increased traffic beçause somebody from Catawba County is going to. bring two, three cans of paint over here, drive that far to drop off two, three cans of paint. I think what you're going to see is that they are going to have their household waste the days that you can bring it to a certain location in Catawba County then, STAT would go pick it up from there and bring it over. That'ss what Isee happening. Ido understand itis avery fine line because, you want to be concerned about the public welfare but, it's my understanding that nothing is changing from today except, instead ofhim taking the items where he's taking them today, he's just going to move it across the street and take them  just being hauled and whoever wanted to pay it would çome in,  over there so, he can separate it.  Councilwoman Fry: Well, he could get more though! Councilman Potter: Idon'tt think he will. He'salready taking.it.  Councilwoman Fry: Well, if he were taking a large amount he would already have storage Qver there for it. Imean if he's building more storage, he's going to be taking  more.  Councilman Potter: Ithink that's what is happening. He'salready taking it. Councilwoman Fry: Ithink we should limit it if we approve it,  Councilman Potter: I know what you're saying and I see where you're coming from. Nothing is changing from what we' 're doing, what he's already doing today. Councilman Wesson: It's going to be taking in the same things but, It think why he's wanting more spaces is, SO he can open it up more to all the people oft the county and, that Councilman Potter: Well, he's looking to get a contract with these other two counties.  is whatIu understood.    November 15, 2011 Page 8 of19  Councilwoman Fry: I think he should have a plan of what to do if he has another accident, I mean he' 's had previous accidents. Ifh he has other accidents, he needs to have ajustified plan of what he's going to do too because, what if something happens and I'm not saying it would but; there's buses and students from other counties that are traveling Councilman Wesson: Well, I was thinking about concerns about everything. If, they do have a problem over there, the schools are going to be evacuated. That's'going to be an inconvenience to start with plus we have the area around here. I thought about it, and thought about it, and thought about it, and it's got a plus to it and I think it would be a benefit to the people of Caldwell County but, in turn, ifwed don'thave sométhing on thère specifying exactly whére it's going to come" from we just opèned thé door up to say,just bring it on in from wherever, just you know'who wants to pay. I think we have got to  right by there too:  have some stipulations.  Councilman Potter: They could do that today.  Mayor Gibbs: Okay! We can set conditions; the Council can set conditions on'how the permit can bè governed. So, if you want to put that in there as a Condition, Emily can put Councilman Potter: Well, I said it! One thing ànd I don't know Garry personally but I know that Garry has given a lot back to the community; he's given a lot back to the Town. Iknow he owns some property; he recently purchased some property outside of our county and there's forty, jobs over there, and if we don'ttry to work with him, there's ar risk that he could just pack his forty jobs up and move them somewhère else.: So; you have to be concerned about that as well. This is a tough decision don't get me wrong. I don't know that there's a right or wrong answer but we have to really look. In my opinion, the way I'm understanding it nothing is changing from what he's already doing Councilwoman Fry: That's not right. It doésn'tmake it right. He'sbeen taking itin, and Councilman Potter: Hé's permitted to take it in; he can take it in today. He's asking" to move the location just across the street. That's the only reason he's even asking.  that in there as a condition. Ijust need a motion and a second.  today other then the fact, he's going to move across the street.  he'sincreasing the amount.  Councilwoman Fry: And make it larger! Councilman Potter: No.  Councilwoman Fry: If, he's moving it to that location it's going to be larger. Councilman Potter: I have my opinion SO I'm done with it. Mayor?    November 15, 2011 Page 9 of19  Councilman Wesson: Well, that's right. It's listed as household waste and I have no problem with that as long as it's stored where it's supposed to be stored. Councilwoman Fry: Isaid that's a good service. Ijust said we shouldn't do it for all the Councilman Wesson: Right. We don't need to do it for all them. It's originally listed to two and I would go with those two is it. Ifit comes from anywhere else, that it would be  Counties.  aviolation of what we agreed on and they would be a default. Planner Hines: Right that would be a condition.  Mayor Gibbs: You can set thât as a condition. Ijust need you to make that in a motion,  and a seçond,  Councilman Wesson: Okay, Imake a motion. then you would make the conditions. Planner Hines: Right. Councilman Wesson: Okay.  Attorney Terry Taylor: Before you do that, we need to make findings of fact first, and  Attorney Taylor: To approve it with those conditions.  Councilman Wesson: Okay.  Attorney Taylor: So, first you would need to go over them.  FINDINGS OF FACT: Mayor Gibbs stated, okay the findings of facts are, and PI read  those.  Planner Hines: You can adopt the ones that Ir read. Councilman Potter: She just read them.  Mayor Gibbs: She just read them, the findings of fact. You can adopt those findings of  fact.  Councilwoman Fry: Can Ia ask another question?  Mayor Gibbs: Yes.    November 15, 2011 Page 10of19  Councilwoman Fry: The findings of fact said, the use will not affect the health or safety of the persons residing or working in the neighborhood of the proposed use. The use will not be detrimental to the public welfare or injurious to property or public improvements in the neighborhood. How can we vote this as findings of fact when, we haven't disclosed the fact of how many fire's, and what they did when they had other fire's because, in the predicaments, and that's do to items that they already have over there which, might have been some oft the stuff like you said, he's already beèn taking in?  Mayor Gibbs: Terry?  Councilwoman Fry: That's just my question.  Attorney Taylor: Right but you, want to consider other uses because, STAT is a totally different business. The only thing you can consider here before you today is this use. Councilwoman Fry: But, then you state there on one of these others that, you could have a fire in your home from that so, I mean that's) just coming into the question that's what I feel. Imean, they state in there that thèse items and they can, Tmean people have fires in their home all the time. Imean, it's an accident nobody wants to do that but Ijust think Planner Hines: This is not disposing it; this is not a disposal site. This is strictly a drop  the findings of fact, in my opinion are not correct.  off site for ninety days.  Councilwoman Fry: For ninety days, he can have it there.  Planner Hines: Yes.  Councilwoman Fry: Well, Imean that'sj just my question. Mayor Gibbs: Terry, where do we go from here?  Attorney Taylor: So, your findings of fact will be decided by a majority. It doesn't have  to be everyone agrees.  Councilwoman Fry: I understand that.  Councilman Wesson: If, we find the findings of fact, then we add the conditions?  Attorney Taylor: Yes.  Councilman Wesson: You don'tn make that in the same motion?  Mayor Gibbs: No.    November 15, 2011 Page 11 of19  Attorey Taylor: You make one motion that your findings are that, that use and the two findings of fact are read into the record then, you go on to make your. motion to either approve or deny. If you find, that it does not affect the health or safety anymore than any other use that's currently existing then, you don't have a reason to deny the permit but Councilman Wesson: Well, one thing that Beverly said is we're trying to put our heads together and do what's best. This is a real delicate situation that we are dealing with but, household fire's and stuff come from some of this stuff, and if we have a place to store it maybe, it will cut down on some household fires. That would be a big plus on that part.  you can certainly make conditions on it.  Then, you have a place where it's.  Mayor Gibbs: Okay, Ineed a motion on the findings of fact.  On a motion made by Donnie Potter, and seconded by Joe Wesson, Council approved the findings of fact. Those in favor of the findings of fact were Gerelene Blevins, Donnie Potter, and Joe Wesson. Those opposed to the findings of fact was Beverly Fry. The Mayor Gibbs: All right, and the next thing we need to do is we need to go to conditions. Councilman Wesson: I want to make a motion we do this with conditions, and the one I Planner Hines: Right, The Conditional Use Permit is just specifically for household  motion carries by a 3-1 vote.  believe that you already have on there is household items.  waste.  Councilman Wesson: What other conditions did you have on there?  Planner Hines: I had, that no permanent disposal of hazardous waste on site, drop-off location only, all State, Federal, and Local rules and regulations conçerning the waste products that are handled must be followed, any violation of such law or rule would automatically revoke the permit, a copy of the annual report on. household hazardous waste collected must also be submitted to the Town and a statement from the applicant Councilman Wesson: Okay, that would be giving us the amounts that they took in for the  that all regulations are in compliance.  year and the volume?  Planner Hines: Yes. What came in and how much. Councilman Wesson: That's what you had on there, right?  Planner Hines: And, specify the counties or jurisdictions of collection in whichever one  you guys come up with.    November 15, 2011 Page 12of19  Councilman Wesson: Because, Burke and Catawba was mentioned. That it be limited to  only those two Counties. Planner Hines: Okay.  Mayor Gibbs: Along with Caldwell County. Councilman Potter: Caldwell.  Councilmân Wesson: Caldwell, Burke, and Catawba and that's it. Planner Hines: And proofofadequate insurance.  Councilman Wesson: Right.  Councilwomant Fry: Can we not limit it to just' Caldwell County?  Councilman Potter: There's forty jobs to think about, Another county would love to have Councilman Wesson: Well, I'm more concerned about the other things than I am of that Councilwoman Fry: Can we not have him make a plan to do if; he had some type of Councilman Wesson: My understanding of it was, and correct me. if I'm wrong. Now, the people of Caldwell County, it's not going to cost them ànything to take it out there.  them, right now.  emergency that would be in relations to this?" Does he not need a plan?  They take it out there, they unload it, and that'sit. Councilman Potter: That'scorrect. Planner Hines: That's what he stated. Councilman Potter: That's what he stated.  Councilman Wesson: That's what he stated; now we néed to hold him to it." But, It think to offset it that is why he included the other counties. And, he would be reimbursed. That's the way I assume it. That it would offset what we were doing here in Caldwell  County sO that, we would get a free service on it."' Planner Hines: Iwould be assuming. for not having to dispose it in the landfills.  Councilman Potter: It's going to save them money. It's going to save the county money,    November 15, 2011 Page 13 of19  Planner Hines: I don't know! There are places that do multiple jurisdictions. If, you go into larger areas they may have it just for that oné county, but were talking like Meckienburg but they have like four sites. They have four different sites across Meçklenburg and that is all the Towns and everybody in Mecklenburg County. It'sup to  youguys.  Mayor Gibbs: And, those conditions are?  Counci/man Wesson: Right and she read the conditions.  Councilman Potter: You added Caldwell, Catawba, and Burke County only, correct?  Planner Hinés: Yes. Councilman Wesson: Right.  :  Mayor Gibbs: Okay, Ihave a motion to, set conditions and, those conditions are to limit to Caldwell, Burke, and Catawba Counties along with, the limitations of what they can have there. Anything thing else that we need to discuss? Idon'tthink so. Ineed a motion and  then Ir need a second.  Councilman Wesson: Imade a motion on it. Councilman Potter: Second.  Councilman Wesson: With those Conditions.  COUNCIL ACTION: On a motion made by Joe Wesson, and seconded by Donnie Potter, Council approved a Çonditional Use Permit with added conditions for wholesale storage of household waste on parcel 2776-24-8991 was approved. Those in favor were Gerelene Blevins, Donnie Potter, and Joe Wesson. Opposed was Beverly Fry. The PUBLIC HEARING: REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY DWELLING ON PROPERTY ON MAY ROAD AND OPEN PUBLIC HEARING: Mayor Gibbs asked for a motion to open the public hearing concerning Ron McCracken who is requesting a conditional use permit to allow an accessory dwelling on property on May Road and Parcel number 2755-97-8343. On a motion made by Donnie Potter, and seconded by Gerelene Blevins, the public  motion carries bya a vote of3-1.  FARCEL2755-97-8943:  hearing was opened at7:05 p.m. All were in favor.    November 15,2011 Page 14of19  SWEARING IN OF PERSON(S) GIVING TESTIMONY: Town Clerk Susan Nagle STAFF COMMENTRECOMMENDATIONS: Town Planner Emily Hines stated the request before you is consideration of a Conditional Use Permit for an accessory dwelling. The property owner is Gay Barr Campbell. Her address is 1373 May Road Granite Falls, NC 28630. The applicant is Ronald McCracken 1369 May Road Granite Falls, NC 28630, and that's her son. The property address is on May Road. Parcel number 2755-97-8343. The property is approximately 2.669 acres and is zoned RA-20. The Sawmills Zoning regulations require a Conditional Use Permit must be approved by the Town Council to have an accessory dwelling. The applicant is requesting approval for an accessory dwelling. The applicant is requesting approval for an acçessory dwelling for a family member. The Ordinance requires the following conditions be" met: The accessory dwelling shall not exceed fifty (50) percent of the square footage of the livable area : of the principal structuré, the accessory dwelling shall meet all the setback requirements ofa principal use, the extérior of the accessory, dwelling shall be compatible with the principal residence ( in terms of color, siding, roof pitch, windows detailing, and roofing materials, and accessory dwellings shall only be allowed on parcels that contain owner-occupied single-family dwelling units. The two findings of fact that have to be met are that the use will not affect the health or safety of persons residing or working in the neighborhood of the proposed use. Staff's recommended finding is that the use isa residential dwelling that will meet all of the health regulations as any other rèsidential dwelling in the area. The second finding that has to be met, the use will not be detrimental to the public welfare or injurious to property or public improvements in' the Staff reçommended finding is the. use is required to be designed in a, manner that is similar to. the existing residential structure. The existence of ànother residential use will The Board may place conditions on, the use as part of the approval to assure adequate' mitigation measures as associated with the use. The. conditions shall bécome part of the Conditional Use Permit approval and shall be included in the finalsite plan appliction.  Staff has no additional conditions. There are already the four conditions that are part of the Zoning Ordinance. Ididn't find any additional conditions to be placed for this Staff does recommend in favor of the Conditional Use Permit for the accessory dwelling.  swore in the testimony ofTown Planner Emily Hines.  Proposed use is an acçessory dwelling.  neighborhood.  not be dètrimental to the public.  7 :  specific use.    November 15, 2011 Page 15of19  In your package, you have a copy of the zoning map. The property that's highlighted is the property in question. Letters were sent out to adjacent property owners to let them  know about it and notice was posted in the paper. Councilman Donnie Potter: Any responses back from them?  Town Planner Emily Hines: Id don'tknow.  Councilman Potter: Okay. It's my understanding he's building a mobile home.  Coyncilman Joe Wesson: Mother-in-law suite.  Planner Hines: Iti is a mobile home however, he's been talking to the dealership to make sure that everything is compatible there's all the regulations about that. Councilman Potter: But, it's going to be put there for him to take care ofhis?  Planner Hines: It's actually his Aunt. His mother's sister.  Councilman Potter: Okay yeah. She's 80 plus years old, Ithink that's my understanding. Planner Hines: I'm not going to go on record saying she is, Idon'tknow.  Councilman Potter: She is.  Planner Hines: They came to us originally it literally lined up as soon as you guys approved that Ordinance, the amendment to the Ordinance. He came in about a week or sO later. Before that, the other option before was just for the temporary one but this will allow it because he wasn'treally sure. He didn't want to spend the money and put up the  other one so, that's why he went through this.  Councilman Potter: Is this a temporary ori isi it a permanent?  Planner Hinès: This would be permanent. Councilman Potter: Okay that's what I thought.  Planner Hines: This does allow him to keep it on there but, the term of the condition is that on one of the conditions that's in the Ordinance is that, it's under dwelling it has to be on a piece of property that is owner occupied. So, for éxample if Mrs. Campbeil moves and they decide to rent out the house they can't use this accessory dwelling. So, there is that condition on there that it can only be used if there is actually owner-occupier  living in that house in the principal structure.    November 15, 2011 Page 16of19  Councilman Potter: It can't be rented out?  Planner Hines: Right you can'trent. Basically, the idea is you want it to be more like a mother-in-law suite or a family member. You don't want two residential structures for PUBLIC COMMENTS: Mayor Bob Gibbs asked ift there were any public comment?  rent on the same piece of property. That's what that's thère doing.  There was no public comment.  CLOSE PUBLIC HEARING: Mayor Gibbs asked for a motion to close the public On a motion made by Donnié Potter, and secondéd by Joé Wesson, the public hearing  hearing.  was closed at 7:17 p.m. All were in favor.  COUNCIL ACTION: Mayor Gibbs asked for Council Action.  On a motion made by Gerelene Blevins, and seconded by Donnie Potter, Council approved a Conditional Use Permit to allow an accessory dwelling on property on May Road, parcel number 2755-97-8343 for applicant Ronald McCracken. All were in favor.  Councilman Potter: Are we ready for that?  Attorney Terry Taylor: Wait, you have to do the findings of facts. Councilman Potter: That's right; we! have to do the findings of facts.  Attorney Taylor: Yes. Mayor Gibbs: Okay.  On ar motion made by Donnie Potter, and seconded by Joe Wesson, Council approved the On a motion made by Gerelene Blevins, and seconded by Donnie Potter; Council approved a Conditional Use Permit to allow an accessory dwelling on property on May Road, parcel number 2755-97-8343 for applicant Ronald McCracken. All wère in favor.  findings of fact. All were in favor.    November 15, 2011 Page 17of19  PUBLIC HEARING: BUMGARNER PROPERTY REZONING REQUEST FOR OPEN PUBLIC HEARING: Mayor Gibbs asked for a motion to open the public On a motion made by Donnie Potter, and seconded by Joe Wesson, the public hearing STAFF COMMENT/RECOMMENDATIONS: Town Planner Emily Hines stated Roger and Cynthia Bumgarner own approximately .94 acres, of property at 2669 Mission Road in Hudson, NC 28638 and parcel number 2766-75-6689. The Bumgarner's' house isc currently located on the property in question and is zoned Highway Business. The Bumgarner's would like to rezone the property R-15 Residential High Density in order to add on to their existing house as the current zoning of Highway Business does. not allow Planner Hines also stated, the Planning Commission met on October 11, 2011 to discuss this matter and make a recommendation to the Council. The Planning Commission would recommend approval of the rezoning request and recommend the request is reasonably necessary to the promotion of the public health, safety, and general welfare of PUBLIC COMMENTS: Mayor Gibbs asked ifanyone had any public comment.  PROPERTY AT2669 MISSION ROAD:  hearing.  was opened at 7:18 p.m. All were in favor.  them to do so.  the Town ofs Sawmills.  There was no public comment at this time.  CLOSE PUBLIC HEARING: Mayor Gibbs asked for a motion to close the public On, a motion made by Donnie Potter, and seconded by Joe Wesson, the public hearing COUNCIL ACTION: On a motion made by Gerelene Blevins, and seconded by. Joe Wesson, Council approved the rezoning of 2669 Mission Road Hudson, NC 28638 and parcel number 2766-75-6689 from Highway Business (H-B) to Residential High Density  hearing.  was closed at 7:20 p.m. All were in favor.  (R-15) for Roger and Cynthia Bumgarner. All were favor.    November 15, 2011 Page 18 of19  PLANNING MATTERS:  PLANNING COMMISSION APPOINTMENTS: As you may recall, during the October 18, 2011 Council meeting Mayor Gibbs asked for recommendations for two alternates to serve on the Planning Commission. Planner Emily Hines recommended that Council chose one member that lives inside the Town limits and one member that lives in Planner Hines stated that Martha Verdie Ann Warren. who lives at 2533 Baker Circle approached Town Administrator Seth Eckard and she would be willing to serve as 4 an altèrnate Planning Commission member. Ifthète are no recommendations, tonight staff would recommend appointing Mrs. Warren to serve' 'as an alternate Planning Commission Mayor Gibbs asked if anyone had any other recommendations within the Town limits or Onam motion made by Gerelene Blevins, and secondéd by Joe Wesson, Council appointed Màrtha Verdie Ann Warren to serve as an alternaté Planning Commission member within FINANCIAL MATTERS: EMPLOYEE LONGEVITY PAY: The Town of Sawmills On a motion made by Joe Wesson and seconded by Donnie Potter, Council approved the  the ETJ a-Temiefallarisdieton,  member within the Town limits.  .; "  within the E.T.J. There were no recommendations at this time.    the Towri limits. "AIl Wère in favor.  pays out an employee longevity pay the first pay period in December. disbursement oflongevity pay for employees. All wére in favor.  UPDATES:  CODE ENFORCEMENT MONTHLY REPORT: The ençlosed report shows the updated progress continuously made throughout the Town by Codé Enforçement Officer  Tony Cline.  No Council action is required.    November 15, 2011 Page 19of19  ADMINISTRATORS REPORT: Town Administrator Seth Eckard would like to remind everyone that the Sawmills Christmas Parade is taking place on Saturday, December 3, 2011 at 10:00 a.m. with line-up taking place at 9:30 a.m. on Helena Street. There is no entrance fee and applications are available at the Town Hall Monday-Friday 8:00a.m.-5:00 p.m. or you may call the Town Hall and staff can fax, mail, or e-mail you Administrator Eckard also stated that in years past Council has been gracious enough to allow Town's employee's to leave at noon on December 231d and staff would like Mayor Gibbs also stated that every year Council has taken a day before the Christmas vacation begins to individually bring breakfast or lunch to the staff to show appreciation, Mayor Gibbs also stated December 13+h is the last day for the Farmer's Market and Santa Will be there from 2-5 SO bring your camera's and take a picture of your child with Santa On an motion made by Joe Wesson, and seconded by Gerelene Blevins, Council approved staffto leave at 12:00 noon on Friday, December 23, 2011. All were in favor. Mayor Gibbs also stated that this is the last night for News-Topic reporter Linda Payne as she is moving and will no longer be with us. There will be cake and punch after this meeting and you are all welcome to join us to say goodbye to Linda and wish her luck. PUBLIC COMMENT: Mayor Gibbs asked ift there was anyone wishing to speak during  an application.  Council to consider allowing stafft to do SO again this year.  including Public Works as well as Office Staff.  Claus.  public comment.  There was no one wishing to speak.  ADJOURN: Mayor Gibbs asked for a motion to adjourn.  On a motion made by Donnie Potter, and seconded by Joe Wesson, the meeting was  adjourned. All were in favor.  DanMgle Susan Nagle, Town Clerk  187 Bob Gibbs, Mayor    Ordinance  An Ordinance Amending the Zoning Map ofthe' Town of Sawmills  AN ORDINANCE TO AMEND THE ZONING MAP  WHEREAS, the Town of Sawmills Town Council is delegated the authority of amending the WHEREAS, the Town of Sawmills Town Council conducted a public hearing to consider amending the Zoning Map for NÇ Parcel 2766-75-6689 on November 15,2011; WHEREAS, the proposed amendment is consistent with previously adopted policies and reasonable to the promotion of public health, safety, and general welfare oft the Town; NOW, THEREFORE, BE IT RESOLVED, by the Town of Sawmills Town Council that the Sawmills Zoning Map is hereby amended to rezone NC Parcel 2766-75-6689 from Highway  Zoning Map per. Article 3.8 ofs such ordinance; and  Business (HB) to Residential High Density(R-15). ADOPTED this 151h day of November 2011.  Gibbs  34 Mayor Bob  ATTESTE Sw City Clerk SsAp go7  SEAL JULY1,1988 ecas            OF SAWIM  MAYOR Bob Gibbs TOWN ADMINISTRATOR Seth Eckard  TOWN COUNCIL Beverly Fry Joe Norman Donnie Potter Joe Wesson  Gerelene Blevins, Mayor Pro-Tem  "CORPORATED  TOWN OF SAWMILLS TOWN COUNCIL November 15,2011 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 cause now on trial, wherein Ronald McCracken is the Petitioner, shall be the truth, the whole this  truth, and nothing but the truth, so help you, God.  Signature of Person Giving Testimony:  Print Name of Person Giving Testimony: EilHs  Attest: Suhan Susan Nagle Town Clerk Town of Sawmills  /Seal) SEAL JULY1,1968 COUR  Maglr  Town of Sawmills  4076 US Highway 321-A * Sawmills NC * (828)396-7903 (828)396-8955 fax  The Town ofSawmills does not discriminate on the pydsmilise, basis of age, sex, race, religion, national origin, disability, political affiliation, ori marital status.