THE ERWIN BOARD OF COMMISSIONERS FEBRUARY2024 REGULAR MEETING THURSDAY, FEBRUARY1, 2024 @ 7:00 P.M. ERWIN MUNICIPAL: BUILDING BOARDROOM  AGENDA  1. 2. 3.  MEETING CALLED TO ORDER A. Invocation B. Pledge ofAllegiance  AGENDAADJUSTMENTS APROVALOFACENDA  CONSENT  All items on Consent. Agendas are considered: routine, to be enacted on one motion without discussion. fa Board member or citizen requests discussion of an item, the item will ber removedj from the Consent  Agenda and considered under. New. Business. A. Regular Meeting on January 4, 2024 (Page 2) B. 2023-2024 Street Resurfacing Recommendations (Page 9) - BOA-2024-04 (Page 11) D. NCI DOTROW Contract (Page 12) E. Surplus Vehicles (Page 21) F. Bayles Street Extension (Page 22) G. No Overdue Taxes Form (Page 27)  H. Updated Job Classification and Grade Schedule (Page 28) B. Accessory Building' Text Amendment (Page 53)  4. 5.  PUBLIC HEARING A. SU-2024-001 (Page. 30) PUBLIC COMMENT  Each speaker is asked to limit comments to 3 minutes, and the requested total comment period will be 15 minutes or less. Citizens shouldsignup! prior toi the, start ofthe meeting. Please provide the clerk with copies ofany handouts you havej for thel Board. Although the Board. is interested in hearing, your concerns, speakers should not expect Board action or deliberation on thes subject matter brought up during the Public Comment segment. Thank) youj for your consideration of the Town Board, staf, and other speakers. $160A-81.1  6. 7. 8. 9.  PUBLIC HEARING A. AI Woodall. Park. Potential Grant MANAGER'S REPORT ATTORNEY'S REPORT GOVERNING BODY COMMENTS  10. ADJOURNMENT  "NACCORDANCE WITHADA. REGULATIONS, PLEASE. NOTETHATANTONE WHO NEEDSZ AN ACCOMMODATIONIO, PARTICIPATE. INTHE. MEETING, SHOULD. NOTIFYTHE TOWNCLERK. AT (910)  591-4202ATLEAST 48 HOURS PRIOR: TOTHEL MEETING.**    8915  ERWIN BOARD OF COMMISSIONERS  REGULAR: MINUTES FEBRUARY: 1,2 2024 ERWIN, NORTH CAROLINA  Thel Board of Commissioners for the' Town of] Erwin with Mayor Baker presiding held its Regular Meeting in thel Erwin Municipal Building Board Room on Thursday, February 1,2 2024, at 7:001 P.M. in Board Members present were. Mayor Randy Baker, Mayor Pro Tem Ricky Blackmon, and Commissioners  Erwin, North Carolina.  Timothy Marbell, Charles Byrd, David Nelson, and Alvester McKoy. Board Member absent was Commissioner Turnage.  Town Manager Snow Bowden, Town Clerk Lauren Evans, Town Attorney Tim Morris, Finance Officer Katelan Blount, Town Planner Dylan Eure, and Police Chief. Jonathan Johnson were present.  Mayor Baker called the meeting to order at 7:001 PM. Commissioner, McKoy gave the invocation. Commissioner Nelson led the Pledge ofA Allegiance. AGENDAADIUSTMENTMENTAPPROVALOF: AGENDA  Town Manager Snow Bowden requested to add New Business after Public Comment, Item. A: Al Woodall Commissioner McKoy made a motion to approve the agenda as amended and was seconded by  Park Potential Grant.  Commissioner Blackmon. The Board voted unanimously.  CONSENT  Commissioner Blackmon made ai motion to approve (ITEM A) Minutes ofl Regular Meeting on January 4, 2024 (ITEM B) 2023-2024 Street Resurfacing Recommendations (ITEM C) BOA-2024-04 (ITEM) D) NCI DOT ROW Contract (ITEM E) Surplus Vehicles (ITEM F) Bayles Street Extension (ITEM G) No Overdue Taxes Form (ITEMI H) Updated. Job Classification and Grade Schedule and was seconded by  Commissioner McKoy. The Board voted unanimously.  PUBLICHEARING  SU-2024-001  Commissioner Byrd made a motion to open the Public Hearing and was seconded by Commissioner  Blackmon. The Board voted unanimously.    DF  9030195 TOWN OF ERWIN Post Office Box 459 Erwin, NC28339 (910)897-5140 M-E-M-0-R-A-N-D-U-M  DATE: TO: FROM: RE: Snow,  January 9, 2024  Mayor and Town Board ofCommissioners Bill Dreitzler, P.E., Town Engineer  2023-2024 Powell Bill Street Re-surfacing Priority Recommendations  After review of our street resurfacing locations over the last few years, review of the 2023 Pavement Condition Survey, and our continued field condition evaluation, please  consider the following recommendations:  1. N16h Street (WI N Street to Cul-de-Sac- - Approx. 1,000LF) 2. N11th Street (E L Street to E. H: Street- Approx. 1,800LF)  Estimated Cost: $45,000 Estimated Cost: $63,000 3. Duke Street (Approx. 900LF) Estimated Cost: $31,500  The 2023 Street Pavement Condition Report assigned a Pavement Condition Index (PCI) toe each section of the Town's Street system. The street condition is considered very poor with a PCI in the range of 0-26 and considered poor with a PCI in the range of 25-65. The streets recommended above for resurfacing had some of the lower PCI ratings. N 16th had a PCI that ranged from 20.1 to 50.2 with the cul-de-sac section the poorest. N 11th Street had al PCI that ranged from 50 to 51.8. Duke Street had a PCIof48.7. The opinion of cost is based on an evaluation of the re-surfacing cost over the last few years. Based on the opinion of cost above, the estimate for resurfacing is $139,500 plus  any additional cost for patching and pothole repairs.    WN Street rated very poorly; however, with the pending Townhome project that will be accessed from the south end ofN 16th Street staffi is recommending that resurfacing ofW N be delayed until after construction of the Townhome project to avoid damage from the construction traffic. In addition, staff is recommending that the section of N 16th Street from W N Street to the south end ofN 16th Street be delayed for the same reasoning. Staff will re-evaluate street conditions based on the PCI values in the 2023 Report when making recommendations for resurfacing in the next budget year. However, based on my assessments for this year's recommendations, Iwould offer the following as high priority  when we: reach the FY 2024-2025 budget:  1. EH Street 2. Don Ron Road 3. WN Street  Please advise if you have any questions or comments and if you have any additional streets you would like evaluated prior to finalizing these recommendations.  Sincerely,  Bill Dreitzler, P.E. Town Engineer  D3    BUDGET ORDINANCE AMENDMENT  BOA 2024-04 FISCAL YEAR 2023-2024  BEITORDAINED by the Governing Board of the Town of Erwin, North Carolina that thet following amendments are madet tot the annual budget ordinance for thei fiscal year ending. June 30, 2024. Section 1. This Budget Ordinance Amendment seeks to Increase Revenues and Increase Expenditures by $75,000.00. This amendment is to account fori increase in department expenditures. Section 2. To amend the General Fund: The revenues are to be changed as follows:  Account  Description Current Approp.  Increase/Decrease  Amended. Appropriation 10-3290-000 Interest Earned $25,000  (+)$75,000  $100,000  Section 3. To amend the General Fund: The Expenditures are to be changed as follows:  Account Appropriation  Description  Current Approp. Increase/Decrease Amended  10-4100-180 Municipal Election $8,000 10-4100-570 Miscellaneous 10-4201-540 Insurance & Bonds $85,500 10-4201-570 Miscellaneous Expense $0 10-4201-040 Professional Services $15,760 10-5450-740 Capital Outlay -Equip. $35,000 10-5600-740 Capital Outlay 10-5800-740 Capital Outlay 10-5800-160 Maintenance and Repair $36,500 10-6200-740 Capital Outlay 10-6200-170 Maint. And Repair Auto $1 1,000 10-5900-450 Contracted Services $46,200  (+)$ 923 (+)$ 2,500 (+)$ 2,000 (+)$ 2,000 (+)$10,000 (+)$5,127 (+)$ - 5,127 (+)$ 6,354 (+)$20,000 (+)$ 4,702 (+)$ 1,000 (+)$15,267  $8,923 $7,500 $87,500 $2 2,000 $25,760 $40,127 $40,127 $91,354 $53,060 $2,000 $61,467  $5,000  $35,000 $85,000 $16,500 $48,358  Section 4. Copies of this budget amendment shall bet furnished tot the Clerk, the Governing Board, the  Budget Officer and the Finance Director fort their direction.  Adopted this 1st day of February 2024.  ATTEST:  Lauren Evans, Town Clerk Cbunfne-  46    ACCOUNTSPAYABLE AGREEMENTID#ILYS  ROUTINE MAINTENANCE. AGREEMENT-  MOWING  AGREEMENT OVERVIEW  NORTH CAROLINA HARNETT COUNTY PARTIES TO THE AGREEMENT: NORTHCAROLINA DEPARTMENT OF TRANSPORTATION AND TOWN OF ERWIN  DATE: 1/11/2024  PROJECT NUMBERS:  6RE.104315&  WBS ELEMENTS: 6RE.204315  The purpose of this Agreement is to identify the participation in project costs, project delivery and/or maintenance, by the other party to this Agreement, as further defined in this Agreement. SCOPE OF PROJECT ("Project"): The Municipality shall provide the personnel, equipment, labor, materials, and traffic control devices to perform mowing services in accordance with  Departmental standards and specifications as described in this agreement.  COSTS TO DEPARTMENT: $13,012.71  PAYMENT TERMS: The Town of Erwin will invoice the Department upon completion of the  Project.  MAINTENANCE: Town of Erwin EFFECTIVE DATES OF AGREEMENT: START: Upon Full Execution of this Agreement END: Five (5) years from the date of execution  This Agreement is made and entered into on the last date executed below, by and between the North Carolina Department of Transportation, an agency of the State of North Carolina, hereinafter referred to as the Department and the Town of Erwin, hereinafter referred to as the The Parties to this Agreement, listed above, intend that this Agreement, together with all attachments, schedules, exhibits, and other documents that both are referenced in this Agreement and refer to this Agreement, represents the entire understanding between the Parties with respect to its subject matter and supersedes any previous communication or agreements  Municipality; and collectively referred to as the Parties.  that may exist.  1    ACCOUNTSPAYABLE AGREEMENTIDHIPS  ROUTINE MAINTENANCE. AGREEMENT-  MOWING  . WHEREAS STATEMENTS  WHEREAS, this Agreement is made under the authority granted to the Department by NCGS WHEREAS, the Municipality wishes to perform routine maintenance of mowing, removal within WHEREAS, the Municipality has agreed to perform said work with reimbursement from the NOW, THEREFORE, in consideration of the premises and the benefits accruing to the Department and the Municipality as the result of the construction of the Project iti is agreed as  136-66.1, Responsibilities for Streets inside Municipalties,'and, its jurisdiction in the rights-of-way of certain State maintained routes; and, Department subject to the conditions hereinafter set forth; and,  follows:  II. SCOPE  A. MUNICIPALITY REQUIREMENTS  The Project consists of routine maintenance and mowing of roads and rights of wayi int the State Highway System within the limits of the Municipality, as shown on the attached The Municipality, and/or its contractor, shall provide the personnel, equipment, labor, materials, and traffic control devices to perform routine mowing sweeping services in accordance with Departmental standards and specifications. The routes and/or costs may be amended annually fort five (5)years, with additions or changes as mutually agreed upon by both parties in writing prior to performing the work for each year as described herein. ii. All work shall be performed in accordance with generally accepted horticultural practices and the Department's routine maintenance and mowing requirements. The Division Engineer may approve any requests for changes to NCDOT mowing requirements including, but not limited to mowing time frames, mowing heights, mowinge equipment, etc. iv. The Municipality agrees to provide traffic control devices, lane closures, road closures, positive protection and/or any other warning or positive protection devices necessary for the safety of road users during performance of the work, including any construction and subsequent maintenance. This work shall be performed in conformance with the latest NCDOT Roadway Standard Drawings and Standard Specifications for Road and Structures and Amendments of Supplements thereto. Information regarding these rules and regulations may be obtained from the Department's Division Engineer.  Exhibit A.  2    ACCOUNTSPAYABLE AGREEMENTID#I29S  ROUTINE MAINTENANCE. AGREEMENT-  MOWING  HI. TIMEFRAME  A. DURATION  This Agreement may be renewed every year for 5 years, subject to the provisions herein and upon written mutual consent. Yearly renewals are subject tot thet following termination 1. At any time either party may cancel the Agreement with al thirty (30) day written notice tot the opposite party. On behalf oft the Municipality, this Agreement may! be canceled 2. Upon the effective date of the cancellation, neither party shall owe any obligations under this Agreement, except that all obligations performed under this Agreement, including but not limited toi invoicing, recordi retention, and payment for work performed  conditions:  by the Town Manager and/or his designee.  prior to the effective date of cancellation, shall remain in effect.  IV. REIMBURSEMENT  A. ALLOCATED FUNDS  The maximum reimbursement per year is $13,012.71, as shown on the attached Exhibit ii. The Division Engineer shall notify the Munlcipallty at the beginning of the annual performance period or as soon thereafter, of the amount of allocated funds estimated to be available to the Municipallty for mowing maintenance on the locations identified. The available allocation shall be based upon and shall not exceed the estimated cost of the  B.  work as if performed by the Department. B. CHANGES TO REIMBURSEMENT RATE  Ifthel Municipality desires to continue the maintenance and mowing services during thet five- year period described in the Agreement, the Municipality and the Department may re- The Municipality shall notify the Division Engineer in writing through al letter or invoice at the beginning oft the annual performance period to request the amount of allocated funds estimated to be available to the Municipality for mowing sweeping maintenance. Thel Department, ati its option, may elect to increase or decrease the reimbursement rates each year the Agreement is in force in consideration ofi inflation rates, cost increases and decreases, changes in funding, etc., subject to the availability of funds and the  negotiate the costs and revise mowing locations as described below:  performance of the Municipality.  3    ACCOUNTSPAYABLE AGREEMENT! DD#12798  ROUTINE: MAINTENANCE, AGREEMENT-  MOWING  C. INVOICING THE DEPARTMENT  The Municipality shall submit to the Division Roadside Environmental Engineer an annual invoice for worko completed under the terms oft this agreement. Reimbursement shall be made upon approval of said invoice by the Department's Division Roadside Environmental Invoices shall show the costs incurred in furnishing personnel, labor, equipment, and materials for the work performed, not to exceed $13,012.71, unless written authorization i. The invoice shall bei itemized by date and location of work, scope of routine maintenance and/or mowing performed, and the personnel, labor, equipment and materials utilized. The amount of work accomplished shall bei included with the unit of measure (LFT, SHM, SQ ili. Forwork performed by a contractor, thel Municipality shall submit ani invoice that includes the contractor's invoice to the Municipallty. No advertisement shall be made, nor any contract be entered into for services to be performed as part of this Agreement without prior written approval oft the advertisement or contents oft the contract byt the Department. Failure to comply with these requirements will result in funding being withheld until such  Engineer and Financial Management Division.  is received from the Department.  FT,EA, HR, etc.).  time as these requirements are met. D. ELIGIBILITY FOR REIMBURSEMENT  The Department shall reimburse the Municipality up to a maximum amount of five (5) mowing cycles per year. The Municipality will complete atl least one mowing cycle int the late spring and one mowing cycle in the late fall. Municipal shoulder mile rates will be adjusted to the current rate paid to the Department's awarded contractor. ii. The Municipalty, and ori its agent, shall maintain adequate records and documentation tos support the work performed under this Agreement and shall permit free access to its records by official representatives of the State of North Carolina. Furthermore, the Municipallty, or its agent, shall maintain all pertinent records and documentation for a period of not less than five (5): years following the close oft the calendar year during which  the services were performed.  V. ADDITIONAL PROVISIONS  A. ENVIRONMENTAL REGULATIONS  The Municipality shall comply with all applicable federal, state, and local environmental regulations, and shall obtain all necessary federal, state and local environmental permits,  4    ACCOUNTSPAYABLE AGREEMENTID#129S  ROUTINE MAINTENANCE, AGREEMENT-  MOWING  including but not limited to, those related to sediment control, storm water, wetland, streams,  endangered species, and historical sites.  B. PARTICIPATION BY DISADVANTAGED BUSINESSES  Any contract entered into with another party to perform work associated with the requirements of this Agreement shall contain appropriate provisions regarding the utilization of Minority Businesses, Women Businesses, or Small Professional Services Firms (SPSF) as required by G.S. 136-28.4 and the North Carolina Administrative Code. The Department will provide  the appropriate provisions to be contained in those contracts.  C.A AGREEMENT MODIFICATIONS  Any modification to scope, funding, responsibilities, or time frame will be agreed upon by all  Parties by means of a written Supplemental Agreement.  D. ASSIGNMENT OF RESPONSIBILITES  The Department must approve any assignment or transfer of the responsibillties of the  Municipality set forth int this Agreement to other parties or entities.  E.A AGREEMENT FOR IDENTIFIED PARTIES ONLY  This Agreement is solely for the benefit of the identified Parties to the Agreement and is not intended to give any rights, claims, or benefits to third parties or to the public atl large.  F.OTHER AGREEMENTS  Thel Municipallty is solely responsible for all agreements, contracts, and work orders entered into or issued by the Municipality to meet the terms of this Agreement. The Department is not responsible for any expenses or obligations incurred for the terms of this Agreement except those specifically eligiblet for thet funds and obligations as approved byt thel Department  under the terms oft this Agreement.  G. TITLE VI  The other parly to this Agreement shall comply with Title VI of the Civil Rights Act of 1964 (Title 49 CFR, Subtitle A, Part 21) and related nondiscrimination authorities. Title VI and related authorities prohibit discrimination on the basis of race, color, national origin, disability, gender, and age in all programs or activities of any recipient of Federal assistance.  H. FACSIMILE  A copy or facsimile copy of the signature of any party shall be deemed an original with each fully executed copy of the Agreement as binding as an original, and the Parties agree that this  5    ACCOUNTSPAYABLE AGREEMENTIDA12798  ROUTINE MAINTENANCE AGREEMENT-  MOWING  Agreement can be executed in counterparts, as duplicate originals, with facsimile signatures sufficient to evidence an agreement to be bound by the terms of the Agreement.  - AUTHORIZATION TO EXECUTE  The Parties hereby acknowledge that the individual executing this Agreement has read this Agreement, conferred with legal counsel, fully understands its contents, and is authorized to execute this Agreement and to bind the respective Parties to the terms contained herein.  J. DEBARMENT POLICY  Itis the policy of the Department not to enter into any agreement with parties that have been debarred by any govemment agency (Federal or State). By execution oft this agreement, the Municipality certifies that neither it nor its agents or contractors are presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction! by any Federal or State Agency or Department and that it will not enter into agreements with any entity that is debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from participation in this transaction.  K. INDEMNIFICATION  To the extent authorized by state and federal claims statutes, the Municipallty shall be responsible for its actions under the terms of this agreement and save harmless the FHWA (if applicable), the Department, and the State of North Carolina, their respective officers, directors, principals, employees, agents, successors, and assigns from and against any and all claim for payment, damages and/or liabilities of any nature, asserted against the Department in connection with this Agreement. The Department shall not! be liable and shall be held harmless from any and all third-party claims that might arise on account of the Municipality's negligence and/or responsibilities under the terms of this agreement.  A AVAILABILITY OF FUNDS  All terms and conditions oft this Agreement are dependent upon, and, subject to the allocation of funds for the purpose set forth in the Agreement and the Agreement shall automatically  terminate ift funds cease to be available.  M. DOCUSIGN  The Department and the Municipality acknowledge and agree that the electronic signature application DocuSign may be used, at the sole election of the Department or the Municipality, to execute this Agreement. By selecting "I Agree", "Accept", or other similar item, button, or icon via use of a keypad, mouse, or other device, as part of the DocuSign application, the Department and the Municipality consent to be legally bound by the terms and conditions of Agreement and that such act constitutes the Department's signature as if actually signed by the Department in writing or the Municipallty's signature as if actually  6    ACCOUNTSPAYABLE AGREEMENT ID#12798  ROUTINE MAINTENANCE, AGREEMENT- -  MOWING  signed by the Municipality in writing. The Department and the Municipality also agree that no certification authority or other third-party verification is necessary to validate its electronic signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of its electronic signature. The Department and the Municipallty acknowledge and agree that delivery of a copy of this Agreement or any other document contemplated hereby through the DocuSign application, will have the same effect as physical  delivery of the paper document bearing an original written signature.  N. GIFT BAN  By Executive Order 24, issued by Governor Perdue, and NCGS 133-32, it is unlawful for any vendor or contractor (I.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e. Administration, Adult Corrections, Commerce, Environmental Quality, Health and Human Services, Information Technology, Military and Veterans Affairs, Natural and Cultural Resources, Public Safety, Revenue, Transportation, and the Office of the Governor).  ITISUNDERSTOOD: AND AGREED that the approval oft the project by thel Department is subject  tot the conditions of this Agreement.  7    ACCOUNTSPAYABLE AGREEMENTID#129S  ROUTINE! MAINTENANCE, AGREEMENT-  MOWING  SIGNATURE PAGE  IN WITNESS WHEREOF, this Agreement has been executed the day and year heretofore set out, on the part of the Department and the Municipality by authority duly given.  (DOCUSIGNO ONLY)  Authorized Signer: Print Name: Title: Date Signed:  Ifapplicable, this Agreement has been pre-audited in the manner required by the Local Govemment Budget and  Fiscal Control Act: Finance Officer: Print Name: Date Signed:  TOWN OF ERWIN FED TAXI ID NO: REMITTANCE ADDRESS:  DEPARTMENT OF TRANSPORTATION  BY: TITLE: DATE:  APPROVED BY BOARD OF TRANSPORTATION ITEM 0:  (DATE)  8    ACCOUNISPAYABLE AGREEMENT ID#12798  ROUTINE MAINTENANCE, AGREEMENT-  MOWING  SIGNATURE PAGE  IN WITNESS WHEREOF, this Agreement has been executed the day and year heretofore set out, on the part of the Department and the Munlcipality by authority duly given.  (INK SIGNATURES ONLY)  ATTEST:  Authorized Signer:  L6  mlausen Euone Print Name: Bawdy Dalee  TITLE: TounClerk/H Dirccior Title: Mayoc  Date Signed: ahlaoay  lfapplicable, this Agreement has been pre-audited ini the manner required by the Local Govemment Budget and  Fiscal Control Act:  TOWN OF ERWIN  FED TAX IDI NO: 50-0890158 Finance Officer: Aida@uplamo  REMITTANCE ADDRESS: Po.3ox 459 ErwinNC 28339  Print Name: binda. RWiliams Date Signed: 2-2-24  DEPARTMENT OF TRANSPORTATION (DocuSign)  BY: TITLE: DATE:  (DATE)  APPROVED BY BOARD OF TRANSPORTATONITEMO  9    Erwin Board of Commissioners  REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Snow Bowden, Town Manager Date: February 1,2024 Subject: Surplus Vehicles  The Town of Erwin has the following surplus vehicles. Ia am requesting permission to list the  following vehicles for sale on GOV Deals. Erwin Public Works Department  2007 Street Sweeper- VIN ALESBI6077904226 Mileage 14,265 John Deere 1435 Diesel 72" Mower- Serial #CH3010D103098 Model 3010D003 2012 International Cab and Chassis Durastar- VIN# HATSKN6CL09I6177 Mileage  85,856    Erwin Board of Commissioners  REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Snow Bowden, Town Manager Date: February 1,2024 Subject: Bayles Street Extension Close  Town Staff would like to request that the Erwin Board of Commissioners adopt aj resolution to withdraw aj portion of an undeveloped section of Bayles Street. Pursuant to NCGS 136-96e (2). This section oft the road was never developed and extends to the parcel that the Wal-Mart is located on currently. As we: all know the Wal-Mart isi ini the City ofl Dunn corporate limits. There would never be ai need to develop this section of the undeveloped road. On May 3, 2023 there was a subdivision recorded that subdivided the two existing parcels at 608 and 610 Wondertown Drive. Before this subdivision was recorded there were some potential ingress/egress concerns Town Staff had. Town Staff wishes to close this easement and return the portion of the land to each property owner sO it will be considered private property. Once it returns toj private property we believe that we can better monitor the area. Any problem traffic we, get from Wal-Mart would  be considered trespassing since they would be on private property.  Attachments:  NCGS 136-96 Harnett County GIS image Proposed resolution More to come later    $160A-299. Procedure for permanently closing streets and alleys.  (a) When a city proposes to permanently close any street or public alley, the council shall first adopt a resolution declaring its intent to close the street or alley and calling a public hearing on the question. The resolution shall be published onçe a week for four successive weeks prior to the hearing, a copy thereof shall be sent by registered or certified mail to all owners of property adjoining the street or alley as shown on the county tax records, and a notiçe oft the closing and public hearing shall be prominently posted in at least two places along the street or alley. If the street or alley is under the authority and control of the Department of Transportation, a copy of the resolution shall be mailed to the Department ofTransportation. At the hearing, any person may be heard on the question of whether or not the closing would be detrimental to the public interest, or the property rights of any individual. Ifit appears to the satisfaction of the council after the hearing that closing the street or alley is not contrary to the public interest, and that no individual owning property in the vicinity oft the street or alley or in the subdivision in which it is located would thereby be deprived of reasonable means ofingress and egress to his property, the council may adopt an order closing the street or alley. A certified copy oft the order (or judgment of the court) shall be filed in the office of the register of deeds (b) Any person aggrieved by the closing ofa any street or alley including the Department of Transportation if the street or alley is under its authority and control, may appeal the council's order to the General Court of. Justice within 30 days after its adoption. In appeals of streets closed under this section, all facts and issues shall be heard and decided by a judge sitting without a jury. In addition to determining whether procedural requirements were complied with, the court shall determine whether, on the record as presented to the city council, the council's decision to close the street was in accordance with the statutory standards of subsection (a) ofthis section and any other applicable requirements of local law or ordinance. No cause of action or defense founded upon the invalidity of any proceedings taken in closing any street or alley may be asserted, nor shall the validity of the order be open to question in any court upon any ground whatever, except in an action or proceeding begun within 30 days after the order is adopted. The failure to send notice by registered or certified (c) Upon the closing of a street or alley in accordance with this section, subject to the provisions of subsection (f) of this section, all right, title, and interest in the right-of-way shall be conclusively presumed to be vested in those persons owning lots or parcels of land adjacent to the street or alley, and the title of such adjoining landowners, for the width of the abutting The provisions of this subsection regarding division of right- of-way in street or alley closings may be altered as to aj particular street or alley closing by the assent of all property owners taking title to a closed street or alley by the filing of a plat which shows the street or alley closing and the portion of the closed street or alley to be taken by each such owner. The plat shall be signed by each property owner who, under this section, has an ownership right in (d) This section shall apply to any street or public alley within a city or its extraterritorial jurisdiction that has been irrevocably dedicated to the public, without regard to whether it has actually been opened. This section also applies to unopened streets or public alleys that are shown on plats but that have not been accepted or maintained by the city, provided that this section shall not abrogate the rights ofa dedicator, or those claiming under a (e) No street or alley under the control of the Department of Transportation may be  oft the county in which the street, or any portion thereof, is located.  mail shall not invalidate any ordinance adopted prior to January 1, 1989.  land owned by them, shall extend to the centerline oft the street or alley.  the closed street or alley.  dedicator, pursuant to G.S. 136-96.  closed unless the Department otTransportation consents thereto.  G.S. 160A-299  Page 1    (f) A city may reserve a right, title, and interest in any improvements or easements within a street closed pursuant to this section. An easement under this subsection shall include utility, drainage, pedestrian, landscaping, conservation, or other easements considered by the city to be in the public interest. The reservation of an easement under this subsection shall be stated in the order of closing. The reservation also extends to utility improvements or easements owned by private utilities which at the time of the street closing have a utility (g) The city may retain utility easements, both public and private, in cases of streets withdrawn under G.S. 136-96. To retain such easements, the city council shall, after public hearing, approve a "declaration of retention of utility easements" specifically describing such easements. Notice by certified or registered mail shall bej provided to the party withdrawing the street from dediçation under G.S. 136-96 at least five days prior to the hearing. The declaration must be passed prior to filing of any plat or map or declaration of withdrawal with the register of deeds. Any property owner filing such plats, maps, or declarations shall include the city declaration with the declaration of withdrawal and shall show the utilities retained on any. map or plat showing the withdrawal. (1971, C. 698, S. 1; 1973, C. 426, S. 47; C. 507, S. 5; 1977, C. 464,s S. 34, 1981, C. 401; C. 402, sS. 1,2; 1989, c. 254; 1993, C. 149, S. 1;2015-103,s.1)  agreement or franchise with the city.  G.S. 160A-299  Page 2    C t @ E a -  bage  8  asn 7V537 JO: JON    TOWN OF ERWIN P.O. Box 459. Erwin, NC28339 Ph:910-897-5140- Fax: 910-897-5543 www.erwin-nc.org  Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David] L. Nelson  TOWN OF ERWIN RESOLUTION DECLARING INTENT TO CLOSE  UNDEVELOPED SECTION OF BAYLES STREET William R. Turnage  2023-2024--002  WHEREAS, the Erwin Town Board is authorized by G.S. 160A-299 to permanently close unopened municipal street rights-of-way with itsj jurisdiction, ifit is determined that said street closure is not: found to be contrary to the public interest and will not deprive any property owner in the vicinity oft the street closure reasonable means of WHEREAS, a request has been made oft the Erwin Town Board to consider permanently closing the undeveloped section of] Bayles Street, that extends from to the parcel that the NOW THEREFORE BE IT RESOLVED, that it is thei intent of the Erwin Town Board top permanently close undeveloped section of] Bayles Street as previously described, and it hereby establishes aj public hearing to be held on March 7, 2024 at 7:00 p.m. in the Erwin BE: ITI FURTHER RESOLVED, that the purpose ofthe public hearing willl be to determine ifundeveloped section of Bayles Street being requested for permanent closure would be detrimental to thej public interest, or to the property rights of any individual.  ingress and egress to his/her property; and,  Wal-Mart is located on currently.  Municipal Building Board Room; and,  DULY ADOPTED, this the 1st day of February, 2024.  Mayor  S  ATTEST:  Tauun Bueme  Lauren Evans Town Clerk    TOWN OF ERWIN P.O. Box 459. Erwin, NC28339 Ph:910-897-5140- Fax: 910-897-5543 www.erwin-nc.org  Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson William R. Turnage  02/01/2024  To: Office ofState Budget and Management, Director and Chief Fiscal Officer  Certification:  We certify that the Town of Erwin does not have any overdue tax debts, as defined by  N.C.G.S. 105-243.1, at the federal, State, or local level.  Sworn Statement:  Randy L. Baker and MacDonald S. Bowden Jr. being duly sworn, say that we are the Mayor and Town Manager, respectively, oft the Town of Erwin in the State of North Carolina; and that the: foregoing certification ist true, accurate, and complete to the best of our knowledge and was made and subscribed by us. We also acknowledge and understand that any misuse of State funds will be reported to the appropriate authorities  for further action.  Randy /Baker,  66  Mayor  Maibrd ot Bad 2 MacDonald S. Bowden. Jr., Town Manager  Sworn to and subscribed before me on the day oft the date ofs said certification.  My Commission Expires: March25,2020  PUBLIC TCOS  &    Town of Erwin  Job Classification and Grade 2023-2024 AMENDED 1/4/2023  Departments Administration Town Manager Finance Director  Number of Positions  Grade  1 1 1 1 1 1  31 21 18 15 19 17  Town Clerk/Human Resources Director Finance Officer/Deputy Clerk Planning Town Planner Code Enforcement Officer  Police Police Chief Lieutenant nvestgator/Communty Officer Patrol Sergeant Senior Patrol Officer Patrol Officer School Resource Officer Part-Time Patrol Officers Records Clerk Cadet  1 1 2 2 2 6 2 6 1 2  25 19 18 17 15 14 14 12    Public' Works Administration, Streets Sanitation, Storm Water Public Works Director Mechanic/Crew Leader Maintenance Worker  1 1 1 1 1 Varies  23 12 7 12 12  Heavy Equipment Operator (Sanitation) Heavy Equipment Operator (Street)  Part-time Parks and Recreation Parks & Recreation Director Athletic Program Director Park Maintenance Specialist Part-time  1 1 1 Varies  21 15 10    8916  MINUTES CONTINUED FROM FEBRUARY1,2024 or applied for any permits and their approval expired.  Town Manager Snow Bowden stated that there were minutes at the Board Members' seats when the Board approved a similar request for this same area back in 2021. The applicants never broke ground Town Planner Dylan Eure came forward and addressed the Board. He stated that the Town of Erwin received a special land use application for Harnett County Tax PIN 0597-77-7438. Coastal Plains Company LLC: submitted a special land use application to construct 2 multi-family apartments totaling 48 units to be built. The agenda stated 64 units but there was a last-minute change by the applicants. This parcel of land was 6.68 acres in total area with: no existing developments on the property under both B-2 and R-6: zoning. Although the total acreage oft the parcel is 6.68 acres, the developer only intended to disturb 5.70 acres for the multi-family project that isz zoned under R-6. There was aj public sewer easement going through the Southwest corner oft the parcel, however, according to the developer's submitted plans, that area was intended to remain undeveloped. The parcel did have both B-2 and R-6: zoning, however, the developer was not developing the area ofthe parcel that was zoned under B-2: zoning which neighbors East Jackson Blvd.. Along East Jackson Blvd all zoning was under B-2 regulation. The other surrounding zoning regulations are alll R-6 classifications to the North, East, and West. This parcel was located beside the old Gentry School.  Commissioner Byrd verified that 64 units were incorrect. Town Planner Dylan Eure stated that was correct.  Commissioner Blackmon asked Town Staff to pull an aerial view up on thel Board Room screen. Mayor Baker stated there was another portion of] East Jackson Blvd that was included in the previous request. This request was more focused on Maynard Lake Road and removing the developed portion Commissioner Blackmon verified that the entrance and exit will be coming off of! Maynard Lake  that abuts the property. Road.  Town Manager Snow Bowden stated that was correct.  Commissioner Byrd inquired whether NCDOT had been contacted regarding the entrance and exit coming off ofl Maynard Lake Road. He had traffic concerns about its proximity to Triton High Town Planner Dylan Eure stated ifthe project was to move forward, permits would be required. Applicant and Developer, Wade Duggins of Coastal Plains Company, LLC, came forward and was Mayor Baker asked Mr. Duggins to explain what he was requesting ofthe' Town Board. Mr. Duggins this was a Special Use Request to construct 48 units. Originally, they were proposing 64 units but changed their minds after speaking with the architect. They were in the early stages oft the process and he understood there were questions with NCDOT and that they planned to go the Mayor Baker asked ift there was anything else about the project that the Board needed to know.  School.  Mayor Baker asked ifa anyone was present to speak in favor of the request.  sworn in by Town Clerk Lauren Evans.  distance with all required permits and procedures.    8917  MINUTES CONTINUED FROM FEBRUARY1,2024  Mr. Duggins stated that was it. It was SO early int the process but they were excited and hopeful. They were in stage one oft many stages. Town Planner Dylan Eure had been great to work with and he Commissioner Byrd stated that the Developer needed to ensure they work with NCDOT.. Anything  looked forward to keeping the project going down the road. that would help the Town of Erwin, he was excited about.  Commissioner Blackmon asked ift the applicant had spoken with NCDOT at all.  Mr. Duggins answered that due to being sO early in the process, he had not spoken with NCDOT: yet Commissioner Blackmon expressed his concern for impacting traffic and the tight fit right there  but that was the next step. He understood their concern. where HWY 421 is and being sO close to Triton High School. Mr. Duggins had the idea of putting ai turn lane in that area.  Commissioner Blackmon stated that NCDOT: may require a deceleration lane. Commissioner McKoy inquired about the 1.5 parking spaces per unit.  Mr. Duggins stated he planned to apply fora a Variance in the near future but at this meeting, he was Mayor Baker stated that looking at the case, it was basically the same but he did not believe the Board of Adjustments had the authority to grant, change, or alter the developmental guidelines until there was ai real, visible hardship. This request was submitted to us previously for 64 units meeting Mr. Duggins stated they could make it work as is but on paper, they were just used to seeing 1.5 or Mayor Baker stated that the Town Board can approve a Special Use Request but the variance would have to go through the Board of Adjustments. He questioned whether the request even qualified to go Commissioner Blackmon stated that it was upi to the Board ofA Adjustments to decide.  asking for 2.5 parking spaces per unit.  all the required guidelines for parking.  even 2.  before the Board of Adjustments.  Mayor Baker asked if] Barnes Drive would be utilized.  Mr. Duggins stated that he would like to see that happen, but they would go through the process and talk about the possibility. He wanted to get the Special Use approved and then he would begin talking with NCDOT and the Town Planning Department to see what the best route was to take. Full Commissioner Blackmon stated that utilizing Barnes Drive would certainly help with ingress and  connectivity would bei ideal.  egress.  Mayor Baker asked ifa anyone else was present to speak ini favor oft the request. Mayor Baker asked ifanyone else was present to speak in opposition to the request.  No one came forward.    8918  MINUTES CONTINUED FROM FEBRUARY1.2024  No one came forward.  Commissioner Blackmon made a motion to close the Public Hearing and was seconded by Commissioner Blackmon made a motion in the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that the use requested is listed among the special uses int the district for which the application is made. Reasoning that Multi-family developments require a Commissioner Byrd made a motion in the affirmative, seconded by Commissioner Nelson, and unanimously approved by the Board that the requested use is essential or desirable to the public convenience or welfare. Reasoning that approving would increase the amount of affordable housing Commissioner Nelson made a motion ini the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that the requested use will not impair the integrity or character oft the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. Reasoning that this tract ofl land is surrounded by primarily residential land uses. Commissioner Blackmon made a motion in the affirmative, seconded by Commissioner Nelson, and unanimously approved by the Board that the requested use will be in conformity with the Land Development Plan. Reasoning that according to. Erwin's 2023 Land Use Plan this portion of land is in Commissioner. McKoy made a motion in the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided. Reasoning that this site includes stormwater drainage allocation. Along with Harnett Regional Water having both sewer and water Commissioner Byrd made a motion in the affirmative, seconded by Commissioner Nelson, and unanimously approved by the Board that adequate measures have been or will be taken to provide ingress and egress SO designed as to minimize traffic congestion in the public streets. Reasoning that the applicant would need to obtain al North Carolina Department ofTransportation (NCDOT) drive- Commissioner Nelson made a motion ini the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Board of Commissioners. Reasoning that everything is in agreeance with Erwin's Zoning Ordinances at its current state upon submittal. However, the applicant wishes to have a variance approved altering his requirement for parking. Said variance would allow for 1.5 parking spaces for every unit instead of the required 2.5 per Town Parking Ordinance. Commissioner Blackmon made a motion to recommend that the proposed special use permit application meets all the Findings of] Facts in the Affirmative, the proposed amendment is consistent with those documents that constitute the officially adopted land development plan and other applicable plans and to recommend the approval of SU-2024-001 Special Use to construct 2 multi-family apartment buildings with a total of4 48 units tol be placed at the corner of Maynard  Commissioner Byrd. The Board voted unanimously.  special use permit.  units in Erwin'sj jurisdiction.  agreeance with residential uses.  accessible for the development.  way permit.    8919  MINUTES CONTINUED FROM FEBRUARY1,2024 Commissioner Byrd. The Board voted unanimously.  Lake Rd and East Jackson Blvd (HC Tax PIN # 0597-77-7438.000) and was seconded by  Accessory Building' TextAmendment  Commissioner Blackmon: made ai motion to open the Public Hearing and was seconded by Commissioner Town Planner Dylan Eure came forward and addressed the Board. He stated his request came to Town Staff primarily through variances that have been approved for accessory use structures being too large. Our current unamended diction was "Each accessory structure shall not exceed 40 percent oft the total area oft the principal structure.. At no time shall the total area of accessory use exceed 25 perçent oft the rear yard". The proposed amended language was as follows "Each accessory structure shall not exceed 40 percent oft the total area oft the side and/or rear yard".I He compared similar municipalities with similar  McKoy. The Board voted unanimously.  types of ordinances. No one came forward. No one came forward.  Mayor Baker asked ifa anyone was present to speak in favor oft the request. Mayor Baker asked if anyone was present to speak against the request.  Commissioner McKoy made ai motion to close thel Public Hearing and was seconded by Commissioner Commissioner Blackmon made a motion to approve the Ordinance ofThe Town of Erwin, North Carolina Amending Section 36-419. Accessory Building/Structures Ord 2023-2024: 004 and was seconded by  Byrd. The Board voted unanimously.  Commissioner Byrd. The Board voted unanimously.  PUBLIC COMMENT  Mayor Baker stated each speaker is asked to limit comments to 3 minutes, and the requested total comment period willl be 15 minutes or less. Citizens should sign up prior to the start of the meeting. Please provide the clerk with copies of any handouts youl have for the Board. Although the Board is interested in hearing your concerns, speakers should not expect Board action or deliberation on the subject matter brought up during the Public Comment segment. Thank you for your consideration of the Freddie Faircloth of1100' West E Street came forward and addressed the Board. He expressed his concern with the condition of West E Street. When fiberoptic lines were being installed, they busted a water line and the whole road was like a roller coaster. West E: Street was his only way in and out ofh his residence and his business and he had been dealing with the issue for a year. It was affecting his business as well. Town Manager Snow Bowden stated that he has been working with Cloudwyze and their insurance trying to get it fixed. He finally heard from their insurance representative last month had been fighting back and forth at every turn. Since it was Dunn's main waterline atl Dunn's Water Plant that Cloudwyze hit, Dunn came out and patched the road but it still needed al lot of work. He sent Cloudwyze al letter he shared with  Town Board, staff, and other speakers.  Town. Attorney Tim Morris demanding they fix the road.    Public Hearing  Item 4A  TOWN OF ERWIN Mayor  Randy L.J Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson William R. Turnage  P.O. Box 459. Erwin,] NC28339 Ph: 910-897-5140-1 Fax:910-897-5543 www.erwin-nc.org 2/1/2024 SU-2024-001 Memorandum  Rezoning Description  The Town of Erwin has received a special land use application for Harnett County Tax Pin 0597-77-7438. Coastal Plains Company LLCI has submitted a special land use application to construct 21 multi-family apartments totaling 64 units to be built. The group is requesting to have a variance issued tol have 1.5 parking spaçes per unit instead of the 2.5 spaces required by  Erwin's Code of Ordinances. Property Description  This parcel of land is 6.68 acres in total area with no existing developments on the property under both B-2 and R-6 zoning. Although the total acreage of the parcel is 6.68, the developer only intends to disturb 5.70 for the multi-family project that is zoned under R-6. There isaj public sewer easement going through the Southwest corner ofthe parcel, however, according to the developers submitted plans that area is intended to remain undeveloped. The intended use for the multi-family dwelling is to provide income controlled units for tenants.  Findings of] Fact  As stated above the parcel does have both B-2 and R-6: zoning, however, the developer is not developing the area oft the parcel that is zoned under B-2 zoning which neighbors East Jackson Blvd. Along East. Jackson Blvd all zoning is under B-2 regulation. The other surrounding zoning regulations are all R-6 classifications that abut the property with R-15 to the North. Triton High School is also near this property along with the Educational Development The applicant is also requesting for aj parking requirement variance that would allow for more natural areas, walking paths, green space, and larger playgrounds according to the developer. This request would allow for 1.5 parking spaces for every unit, instead of2.5 per the Town of  Center.  Erwin's Parking Ordinances.  Regards, Dylan Eure Town Planner    TOWN OF ERWIN 100 WestFSt, Post Office Box 459 Erwin, NC: 28339 (910) 897-5140V (910)897-5543F www.erwin-nc.org  SPECIAL USE PERMIT. APPLICATION  In thel Matter Oft the Request to the Erwin Board of Commissioners  Applicant Name Mailing Address City, State, Zip Telephone Address of Subject Property Subject Property Legal Relationship of Applicant to Owner Leyal Description: Lot Zoning District Number of Buildings to Remain  PropertyOwner Name Mailing Address City, State, Zip  Wale Dassins 3939Beztahe Eayetterilekass 20806644 Telephone  LeghlPhiglnay LLC 2939 Breezevlhve hrtlkK2003 701506644  Email CCAyhsAmen Email  DIMMaLAL Erwih M 28339  Parcel Identification Number()PIN)of 0572.77.2438  .000  Clent Block  Floodplain SFHA Yes_LNo  Subdivision Ewih mils PCIC 799-C  Wetiands Yes_ No Watershed Area Yes_ No  Public Water Available: DorN Public Sewer Available:(Vor Existiny Septic Tank: YorN Describe Proposed Project or Request with Conditions proposed by applicant: * Reguesns Constuct 64 Aprtrent wbuihcllose Total Acreage or Square Footage to be Disturbed 5.20acres  Gross Floor. Area to) Remain  Parhi Jannie ec She  Estimated Cost of Projects 8, 000,000  Attach as scaled illustrative plot or site plan showing alll lot dimensions, buildings, structures, driveways, parking spaces, and distances between structures and property lines. Provide complete mailing addresses for each adjacent property owners (also property within 1001 feet) and/or property owners directly across a street, ifany. Names and Date Application Sabmitdizpyphopiwsion Fee $300 Received. By  addresses must bei from current Harnett County tax listings.  Office Use Only  Case # SU-2074-00L  2021    TOWN OF ERWIN 100 Westl F St., Post Office) Box 459 Enrin, NC28339 (910)897-5140V (910) 897-5543F www.erwin-nc.org  1  Special Use Signature Page  Iti is understood by the undersigned that the development and execution of the Special Use Permit is based upon the division of the Town into districts within which districts the use of land and buildings, and the bulk and location of buildings and structures in relation to the land, is substantially uniform. It is recognized, however, that there are certain uses which, because of their characteristics, cannot be properly classified in any particular district or districts, without consideration, in each case, of the impact of those uses upon neighboring land and oft the publiç need for the particular location. Such special uses fall 1. Uses publicly operated ort traditionally affected with aj public interest 2. Uses entirely private in character, but of such unusual nature that their operation my give rise to unique problems with respect to their impact upon The Zoning Ordinance as originally adopted and as subsequently amended is presumed by the Town to be appropriate to the property involved and that the burden of proof for a Special Use approval rests with the applicant. Applicant is encouraged to discuss the Itis further understood that prior to the granting of any special use,the Board of Commissioners may stipulate, such conditions and restrictions upon the establishment, location, reconstruction, maintenance, and operation of the special use as it is deemed neçessary for the protection of the public interest and to secure compliance with the standards and requirements specified in 9- 411.5 of the Town Code. In all cases in which special uses are granted, the Board of Commissioners shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection  into two categories.  neighboring property or public facilities.  proposed use with affected property owners.  therewith are being and will be complied with.  Such conditions may include at time limitation;  Conditions may be imposed which require that one or more things be done before the use requested can be initiated. (For example, "that a solid board fence be erected around the site to a height of 6 feet before the use requested. is initiated"); Conditions of a continuing nature may be imposed. (For example, "exterior loud speakers shall not be used between hours of10:00 p.m. and 9:00a.m.") Compliance with Other Codes: Granting of a Special Use Permit does not exempt applicant from complying with all of the requirements of building codes and other  ordinances.  SU-7074-00L  Signature Page  Pagelof2    Revocation: In any case where the conditions oft the Special Use Permit have not been or are not being complied with, the Building Inspector shall give the permitted notice of intention to revoke such permit at least ten (10) days prior to al Board of Commissioners review thereof. After conclusion oft the review, the Board of Commissioners may revoke Expiration: In any case where a Special Use Permit has not been exercised within the time limit set by the Board of Commissioners, or within one year ifno specific time limit has been set, then without further action, the permit shail be null and void. "Exercised" as set forth in this section shall mean that binding contracts for the construction oft the main building have been let; or in the absence of contracts that the main building is under construction to a substantial degree; or that pre-requisite conditions involving substantial investment are contracted for, in substantial development, or completion (sewer, drainage, etc.). When construction is not part of the use, "exercised" shall mean that the use is in Duration: Duration of a special use and any conditions attached shall be perpetually  such permit.  operation in compliance with the conditions set fori in the permit.  binding to the property unless itis-expressly! limited,  Applicant Signature and Date:  Si Ra3  SU-2074_-00L  Signature Page  Page2of2    TOWN OF ERWIN 100' West FSt.,) Post Offiçe Box 459 Erwin, NC28339 (910)897-5140V (910)897-5543F www.erwin-ne.org  SPECIAL USE. APPLICATION Record of Adjacent Property Owners Withl Mailing Addresses Per Hamett County Land Records  Property Owner 5nogde Hoding OONCuS AddressP0 DOK 1349 Property Owner hoRhto Enera Address_ 103 MONcod LOMR Od_ciyEain Property Owner OLAeOL eatote progechesucali  Mailing STNCZ152 Mailing STNCZp28334  Cityfo0ts  Ad0w0ArPoy Ad Property Owner (4) O0o30y Denn Address Qol orROow a Property Owner hcray3Cn MeOoaid Address 106MOJpond LOKR a Property Owmer(0.Rw Moned. Aaw.grsecimcd Property Owner Cmpmgrd Hecs Address 90 COcOn - In Property Owner (8) Doe 3 HEORANHoSt Address 109 MApI Property Owner 90ey b00mm Address 5374ccxbn Os Citylouins Property OAdo.gettCo.Cr.tetn. Ad.P0.BOK.I0Z9 Property Owner( (11Iesr 3MGR BOME Address7 Poec So Property Owner (12). Potorh.nce AddressIO fotro dC  GAAppIn-sCMIBL Cityfamea STCZp2B29  U  _Mailing Mailing STNC-Zip28339 Mailing Mailing STNCZp78244 Mailing STNCZp28334 Mailing STCZp78339 Mailing Mailing STNCZp78339 Mailing STCZp78339 Mailing  City Epuoin  Civfhoepody STNC.Zp29376  Cityfdwnn CityEouin  CiyLillpton STNCZp2B46  Citylauay CityErvoin  Properly Owner u.30ecro Vniort  Address3670 OohomR.d. cwlgpiat STCZp21R65  SU-2074.-004  Adjacent Property Owners    TOWN OF ERWIN 100 WestFSt., Post Office Box 459 Erwin, NC2 28339 (910)897-5140V (910)897-5543F www.erwin-ne.org  SPECIAL USE. APPLICATION Record of Adjacent Property Owners WithN Mailing Addresses Per Harnett Countyl Land] Records  Property Owner (I). Ooojene Goect Address_ POoov ML Property Owner ahc Avs Smitn Addesp0 0ox 2657 Address_ P0 COy 381 Address 07 Hignpoiotgt Property Owner ecANO.kceeTon Addssp0 poy 6 Address 604 Coutoyl Property Owner ( 1000 Mcyoy Address/0B ETCMAN  Mailing STNCZp28339 Mailing  CityEcuaiN  Ciylilliontos STC.Zp27546  Property Owner (3). Jom Stuoco 3 Denca Hootrdailing Property Owner Lergeraarenpys, Group Mailing  Ciyfoais  STNCZp2152  MortlarmLZB8T  Mailing STNCZp28339  CityEcuN  Property Owner (Monomed Foln3Fotima DoohMailing  CAaN,gmMEn2END  Mailing STNCZ78339 Mailing Mailing ST Zip Mailing ST _Zip. Mailing ST Zip Mailing ST Zip Mailing ST Zip  CityEcuN  Property Owner (Caninl Po5 Comnpow  Address_ IOwmcnsa.wists SINC.Zip28340  Property Owner (9). Address_ Property Owner (10). Address_ Property Owner (11). Address Property Owner (12). Address_ Property Owner (13). Address  City City City City. City.  SU-2074-001  Adjacent Property Owners  1    Town or Erwin Planming Board Special Use Guidelines for Findings ofl Fact  1. The use requested is listed among the special uses in the district for which application is made:  Les No  2. The requested use is essential or desirable to the public convenience or welfare  Vyes No  3. The requested use will not impair the integrity or character of the surrounding or adjoining districts,  nor bec detrimental to the health, morals, or welfare  Ves No  4. The requested use will bei in conformity with the Land Development Plan  Vyes No  5.A Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are  being provided Vyes No_  Stommuoten monogement piaa requiced  6. That adequate measures have been or will be taken to provide ingress and egress sO designed as to  minimize traffic congestion in the public streets  Vyes No  7. That the special use shall, in all other respects. conform to the applicable regulations of the district in which it is localed, except as such regulations may, in each instance, be modified by the Board  ofCommissioners pursuant to the recommendations ofthe Planning Board  Vves No  V Nooionce pcom 2510  pen-untILreed  to d  15.pacg  opprowd  SU-702-001  Finding of Facts    TOWN OF ERWIN 100 West] FSt, Post Office Bos 459 Errin,NC28339 (910)897-5140V (910)897-5543F www.erwin-ne.org  SPECIAL USE APPLICATION PROCEDURES  1. Completed application for the Special Use Permit, signed by the applicant, shall be addressed to the Board of Commissioners and presented to the Administrative Official. Applications must be submitted by the first Friday of the month prior to the following  Town Board.  2. Each application shall contain or be accompanied by such legal descriptions, maps, plans and other information so as to completely describe the proposed use and 3. Pay the Special Use Permit Fee as established by the Board of Commissioners and found in the Schedule of Fees int the Office oft the' Town Clerk. Current feei is $300.  existing conditions.  Conditions and Guarantees  Prior to the granting of any spccial use, the Board of Commissioners may stipulate, such conditions and restrictions upon the establishment, location, reconstruction, maintenance, and operation of the special use as is deemed necessary for the protection of the public interest and to secure compliance with the standards and requirements specified by ordinance. In all cases in which special uses are granted, the Board of Commissioners shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being and will be complied with.  Such conditions may include a time limitation;  Conditions may be imposed which require that one or morè things be done before the use requested can be initiated. (For example, "that a solid board fence be erected around the site to a height of6 feet before the use requested is initiated"); Conditions of a continuing nature may be imposed. (For example. "exterior loud speakers shall not be used between hours of 10:00 p.m. and 9:00 a.m.") Administrative official posts property at least one (1) week prior toj public hearing 2. Newspaper advertisement once (1) each week for two (2) successive weeks prior to 3. The Board of Commissioners shall approve, modify or deny the application for  thej public hearing  Special Use Permit following the public hearing.  SU-2074-0DL  Application Procedures  Page 1of2    Action by the Boardo LofCommissioners  Ing granting a Special Use Permit the Board of Commissioners shall: make written findings that the applicable regulations of the district in which it is located are fulfilled. With due regard to the nature and state ofall adjacent structures and uses, the district within which same is located, and official plans for future development, the Board of Commissioners shall also make written findings that the following provisions are fulfilled:  1. The use requested is listed among the special uses in the district for which 2. The requested use is essential or desirable to thej public convenience or welfare 3. The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental tot thel health, morals, or welfare 4. The requested use will bei in conformity with thel Land Development: Plan 5. Adequate utilities, access roads, drainage, sanitation and/or other necessary 6. That adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets 7. That the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Board ofCommissioners.  application is made  facilities have been or are being provided  SU-7074-00L  Application! Procedures  Page2 2of2    TOWN OF ERWIN 100 West FSt., Post Oflice Box 459 Erwin, NC28339 (910)897-5140V (910)897-5543F www.erwin-nc.org  IMPORTANT  Thisi is a complete Special Use. Application package consisting of 10 pages. Fori this application tol be accepted, it must be completed and returned with all required documents and entries. Do be aware that under certain conditions the applicant may be required to obtain a Driveway Permit from thel NC! Department ofTransportation prior to Special Use Permit approval.  Using the Zoning Ordinance  Go to the applicable zoning districted in Article 3. That section will serve as a guide to begin the development of your site plan. This section will also direct you toj pertinent requirements such as: parking, sign, lighting, and other general provision such as streetscape requirements and other general development regulations that may apply to the Complete the Special Use Permit Application, the Special Use Signature page, and the Record of Adjacent Property Owners sheet; and include other requiredi information with the application. Use additional pages ift necessary. Adjacent property owners' names must be from current Harnett County tax listing; so1 this requires that the applicant contact. Harnett County. Addresses oft the adjacent property owners must be complete The submitted site plan must be drawn to scale and include all dimensions and required provision. Of these dimensions and other requirements, be sure to include the following; Existing structures on the proposed lot, their dimensions and distances Proposed structures including their dimensions and distances from other structures on the lot and proposed distances from property lines (i.e. All easements and rights-of-wayl located on the proposed lot All natural features including tree lines, drainage ways, etc. The location and dimensions ofr required parking area(s) as may be Proposed lighting plans as may be required by Ordinance Demonstration of the placement of buffers and streetscape as may be  proposed development.  Bes sure to read. Article 11- - Special Uses.  which includes name, mailing address, and zip code.  between on another and the lot's property lines  setbacks)  required by Ordinance required by ordinance  SU-7074-00  Important  Pagel lof1    TOWN OF ERWIN 100 WestFSt., Post Office Box 459 Erwin, NC: 28339 (910)897-5140V (910)897-5543F www.erwin-ne.org  Processing Requirements  Special Uses are not Uses by Right. It is the responsibility of the applicant to demonstrate that the requested use will meet the minimum requirements set forth in the Erwin Zoning Ordinance. The Board's decision will be greatly influenced by the completeness and A requested and very necessary tool is the site plan. Its importance cannot be overstated. Applicant is encouraged to portray in detail and to accurately scale the property boundaries, improvements, and any natural features. In some cases, approval or denial Ifthe proposed use involves business operations, description of the anticipated activity needs to be sufficiently disclosed. This will assist the Board in determining the Town's infrastructure capability, the public health and safety considerations such as traffic and AIl uses require dedicated parking spaces and some may require lighting, buffering, fençes, landscaping, and other elements. It is suggested that the applicant spend some time reading the Town's Zoning Ordinance prior to application. Copies of the Zoning Ordinance may be purchased at Town Hall. Copies are available in the Erwin Library and Town Hall for review. An electronic copy of the Ordinance can be found on the A complete application consists of all documents included in the application package and any required maps, site plan, and/or related documents. These documents become the property of the Town. It is the applicant's responsibility to submit 10 copies of this completed application. Each member of the Governing Board receives a copy including the' Town Manager, Town Clerk, Town Attorney, and Code Enforcement Officer. The completed application and fees must be submitted no later than the first Friday oft the  neatness of the submitted. application.  may depend on the quality ofthe Site Plan.  noise, and how neighboring property may be affected.  Town website as well at www.erwin-nc.or.-  month to be placed on following month's Town Board Agenda.  SU-7074-001  Processing Requirements  Page 1of1    Town ofErwin Record andI Decisions Office Use Only  Notice Mailed  Property Posted  Newspaper Advertised Date  Public Hearing Date and Comments:  Governing Body_Motion  Record ofDecision:  Yea Nay  Town Board Decision and Date  Certified Bv:    euNoue) YON 'uInug peos aye peuXew 5 squewedy abpia uImg 8  N  de8  vat/ust vEz/uaz vaz/U8E    Wade Duggins Duggins Developers 2939 Breezewood. Ave Suite 201 Fayetteville NC: 28303  Town of Erwin 100 West FSt Erwin, NC2 28339 Attn: Dylan Eure  Special Use Permit- Erwin Ridge Apartments Requested Parking Variance- Erwin Ridge Apartments  Tox  Ra-0Esn-T-ABBOD Moynord LOR hhd  Mr. Eure,  Itisour hope to construct 64 Apartment units with a clubhouse at the 104 Maynard Streetjocation in Erwin NC. This is the hopeful future: site of ErwinRidge Apartments. wél have engaged Mr. Hugh Dinteman, AIA from Dineteman Design Architecture. The current site plan in this packet matches your requirement of2.5 parking spaces per unit. Ina addition to requesting the Special Use permit to allow the 64 units to be constructed, we are requesting a parking variance from 2.5 units to 1.5 parking spots per The intent of this Apartment Complexi is to partner with the North Carolina Housing Finance Agency. This willl be ani affordable housing project with income-b based rents. The parking requirement for thel NCHFA is 1.5 spaces per unit. Wel have over 40 projects constructed with the 1.5 parking requirements and have experienced noi issues. The reduction of parking would also allow more natural areas, walking paths,  unit.  larger playgrounds, and greener space. We hope you consider both requests.  Thank you. Sincerely,  Wade Duggins Wade Duggins /Wd    SPECIAL USE REQUEST STAFF REPORT Case: SU-2024-001 Dylan Eure, Town Planner euregerwin-nc.org  Phone: (910)591-4201  Fax: (910)897-5543  Public Hearing Date: Thursday, February 1st, 2024  Request for special permitted use to construct 2 multi-family apartment buildings with a total of 64 units to be placed at the corner of Maynard Lake Rd and East Jackson Blvd at HC tax Pin  0597-77-7438.000 located in Erwin, NC.  Applicant Information Owner of Record: Name: Coastal Plains Company, LLC Address: 2939 Breezewood Ave City/State/Zip: Fayetteville, NC 28303 Property Description Address of Property: Maynard Lakel Rdl Erwin, NC Harnett County Tax] PIN:0597-77-7438.000 Acres: 6.68 Zoning District: R-6, B-2 Vicinity Map  Applicant: Name: Wade Duggins Address: 2939 Breezewood Ave City/State/Zip: Fayetteville NC 28303  See Attached Document  Physical Characteristics  Site Description: This parcel ofl land is 6.68 acres in total area with no existing developments on the property under both B-2 and) R-6: zoning. Although the total acreage of thej parcel is 6.68, the developer only intends to disturb 5.70 for the multi-family project thati is zoned under R-6. Therei is a public sewer easement; going through the Southwest corner oft the parcel, however, according to the developers submitted plans that area is intended to remain undeveloped. Thei intended use: for the multi-family dwelling is toj provide income controlled units for tenants. Surrounding Land Uses: As stated above thej parcel does have both] B-2 and R-6 zoning, however, the developer is not developing the area of the parcel that is zoned under B-2 zoning which neighbors East Jackson Blvd.. Along East Jackson Blvd all zoning is under B-21 regulation. The other surrounding zoning regulations are all R-6 classifications    that abut thej property withl R-15 to thel North. Triton High School is also near this] property along with the  Educational Development Center. Modifications  The applicant is also requesting for aj parking requirement variance that would allow for more natural areas, walking paths, green space, and larger playgrounds according tot the developer. This request would allow: for 1.5 parking  spaces for every unit, instead of2.5 pert the Town ofl Erwin'sl Parking Ordinances.  Services Available Electricity (Dukel Energy) Harnett Regional Water and Sewer  Zoning District Compatibility  Special Use Multi-Family Dwellings Staff Evaluation Staff Evaluation  R-6 X  XYes No The use requested is listed among the special uses in the district for which the application is  made.  Reasoning:. Multi-family developments requirea a special use permit. XYes No The requested use is essential or desirable to the public convenience or welfare. Reasoning: Approving wouldi increase the amount ofa affordablel housing units inl Erwin'sjurisdiction. XYes No The requested use will not impair the integrity or character of the surrounding or adjoining districts,  nor be detrimental to the health, morals, or welfare.  Reasoning:. This tract of land is surrounded by primarily residential land uses. XYes No The requested use willl be in conformity with the Land Development Plan.  Reasoning: Accordingt tol Erwin's 20231 Land Use Plan this portion of land isi in agreeance with residential uses. XYes No Adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or Reasoning: Site includes storm water drainage allocation.. Along with Harnett Regional Water having! both XYes No That adequate measures have been or will be taken toj provide ingress and egress so designed as to  are being provided.  sewer and water accessible fort the development.  minimize traffic congestion in thej public streets.    Reasoning: The applicant would need to obtain al North Carolina Department of Transportation (NCDOT) XYes No That the special use shall, in all other respects, conform to the applicable regulations oft the Reasoning: Everythingi isi in agreeance with) Erwin's Zoning Ordinances ati its current state upon submittal. However, the applicant wishes tol have a variance approved altering his requirement for parking. Said variance would allow for 1.5 parking spaces for every uniti instead oft the required 2.5 per Town) Parking Ordinance.  drive-way permit.  district in whichi iti is located, except as such regulations may, in each instance, be modified by the  Board of Commissioners.  Attachments:  SU-2024-001 Application SU-2024-001 StaffMemo SU-2024-001 Site Plan SU-2024-001 Harnett County GISI Image with Zoning SU-2024-001 Harnett County GISI Image with no Zoning SU-2024-001 property owners lables SU-2024-001 Letters    IRITONGV  3 @ E a L  Esn 7V937 JOH JON    - C 3 @ E a -  1 SIEIN  Isn 7V937 JO JON    Issac & Mattie Bailey 112 Porter Dr Erwin, NC 28339 Patrick Rice 110 Porter Dr Erwin, NC 28339 Tyrone & Debra Knight 3670 Oak Chase Dr Highpoint, NC 27265 Darlene Gilbert PO Box 111 Erwin, NC 28339 Ricky & Avis Smith PO Box 2652 Lillington, NC 27546 John Stubbs & Debra Hartman PO Box 387 Coats, NC 27521  Sharda Holding of NC LLC PO Box 1349 Coats, NC 27521 Rosetta Green 103 Maynard Lake Rd Erwin, NC 287339 LA Real Estate Properties LLC 9405 Purfoy Rd Fuquay-Varina, NC 27526 Donald & Kay Dean 9101 White Oak Rd Garner, NC 27529 Ricky & Cindy McDougald 106 Maynard Lake Rd Erwin, NC 28339 Keithy McNeil 1168 Norton Rd Raeford, NC 28376 Crayton Willard Heirs 90 Carolyn Ln Godwin, NC 28344 Diane & Henry Hart 109 Maynard Lake Rd Erwin, NC 28339 Shirley Solomon 3324 Crawford Rd Erwin, NC 28339 Harnett Co. Board of Edu. PO Box 1029 Lillington, NC 27546  Lenders Warehouse Group LLC 1712 Highpoint St Wake Forest, NC 27587 Priscilla Freeman PO Box 176 Erwin, NC 28339  Mohamed Falih & Fatima Oulauah 604 Country Ln Holly Springs, NC 27540 Tara Mckoy 108 E Jackson Erwin, NC 28339    Coastal Plains Company 1887 Oakton Church Rd Fairmont, NC 28340    TOWN OF ERWIN P.O. Box 459: Erwin, NC28339 Ph: 910-897-5140- Fax:9 910-897-5543 www.erwin-nc.org 1/18/2024  Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson William R. Turnage  Notice of a Public Hearing  SU-2024-001  The Board ofCommissioners oft the Town of Erwin will hold aj public hearing pursuant tol NC General Statute 160D-406 on February 1st, 2024 at 7:001 P.M. at thel Erwin' Town Hall, 100 West FStreet, Erwin, North Carolina to hear public comment regarding the approval ofas special use There has been a special land use application submitted to the Town. The rezoning request  permit.  includes a single parcel ofland that are. listed below:  Maynard Lake Rd Erwin, NC 28339 (Hamett County Tax Pin: 0597-77-7438.000) The applicant has requested to construct: multi-family dwelling units on this site. A copy oft this case is available for review at thel Erwin' Town Hall. Questions concerning this case can be addressed to the' Town Planner Dylan Eure at 910-591-4201 or by email at  leure@erwin-nc.org  Regards, A  Town Planner        Public Hearing  Item 4B  Erwin Board of Commissioners  REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Snow Bowden, Town Manager Date: February 1,2024  Subject: Accessory Building Text Amendment  Town Staff has prepared aj proposed text amendment to our Town Code in regard to accessory structures. Ini the past few years, the Board of Adjustments has granted three variances to allow for accessory structures that are larger than allowed. We have turned in ai number ofa applications for accessory structures that are larger than currently allowed. Our Town Planner Dylan Eure completed some research on what is allowed ini the surrounding municipalities. He also looked to see ift the surrounding municipalities allowed accessory structures to be on separate lots that are adjacent to a lot with al home on it and both lots are owned by the same person. He could not find a municipality that allowed accessory structures on lots that were adjacent to lots with homes on them. This practice is mostly found at the County level. The Planning Board  recommended approval oft this proposed text amendment.    TOWN OF ERWIN Mayor  Randy L.J Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson William R. Turnage  P.O. Box 459. Erwin, NC2 28339 Ph: 910-897-5140 Fax: 910-897-5543 www.erwin-nc.org 1/22/2024  Accessory Structure Memorandum  Amendment Description and Trade Offs  Town Staff has prepared aj proposed text amendment to our. Article XV General Provisions, specifically under section 36-419 entitled' "Accessory buildings/structures". Said text amendment would increase the size ofaccessory structures that homes may construct on their property. The current language in our ordinances relating to accessory structure is as follows' "Each accessory structure shall not exceed 40 percent of the total area of the principal structure. At no time shall the total area of accessory use exceed 25 percent oft the rear yard". The proposed amended language is as follows "Each accessory structure shall not exceed 40 percent oft the total area of By amending our code it would allow for accessory structures greater than 40j percent oft the principal structure, allowing for accessory structures larger than thej principal structure. An example oft this is having a garage with more square feet than the home has to store vehicles.  the side and/or rear yard".  Findings  Town staff wishes to update Erwin's Code of Ordinances to allow for larger accessory structures to loosen size restrictions for said structures. To find the best possible solution to solve this issue, I benchmarked against all municipalizes within Harnett County's jurisdiction along with some in Wake and Mecklenburg Counties which include Fuquay-Varina, Knightdale, Raleigh, and Charlotte but are not limited to. One oft the possible solutions explored was to allow for accessory structures on adjacent lots ift the property owner is the same. No municipal government that I came across ini my research allowed for accessory structures on adjacent properties, even ifthe owners are the same. This is mainly due to two factors; one being the challenge of selling the property that has aj preexisting structure on the premises without aj principal structure and the other being the requirement ofl having a principal building on the property. However, some municipalities, instead of basing the size ofthe accessory structure off of the principal structure used the size of the parcel to determine the After conducting research to evaluate the best option for the homeowners and the Town of Erwin. I am offering this recommendation to the honorable members ofthe Erwin Town Board  size of accessory structure.    for their thoughts and discussion. This said, I am open for any additional comments and am  willing to explore other possible options upon request.  Regards, Dylan Eure Town Planner    TOWN OF ERWIN P.O.) Box 459-1 Erwin, NC: 28339 Ph:910-897-5140- Fax: 910-897-5543 www.erwin-no.org  Mayor Randy L. Baker Mayor Pro' Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell David L.1 Nelson William R. Turnage  ORDINANCE OF THE TOWN OF ERWIN, NORTH CAROLINA Charles L. Byrd  AMENDING SECTION. 36-419 ACCESSORY BUILDING/STRUCTURES ORD 2023-2024: 004  WHEREAS, the current language of Section 36-419. Accessory BuldingStructures  reads:  Sec.3 36-419.-4 Accessory buildingstructures.  (a) Accessory buildings/structures are restricted to rear and side yards. Only one accessory building/structure shall be permitted on lots less than 15,000 square feet. Larger lots are allowed an extra accessory building/structure for each additional 15,000 square feet. There shall be a minimum oft ten feet between the primary structure and any accessory bullding/structure as well as ten feet between (b) Each accessory structure shall not exceed 40j percent ofthe total area ofthe principal structure. At no time shall the total area of accessory use exceed 25  each accessory building/structure. percent oft the rear. yard. (I)Minimum side setback: Ten feet. (2)! Minimum rear setback: Ten feet.  (3)! Minimum setback from principal structure: Ten feet.  (4) Maximum building height for accessory structures shall not exceed 20 feet mean roofl height with the exception ofs schools, churches, hospitals, municipal facilities, and other such campuses, provided that at least one acre comprise the total land area oft the development. The maximum height for accessory structures The following uses are permitted within accessory buildings in residential areas:  in such instances shall not exceed 35 feet mean roofheight.  (1) Parking. (2) Gazebo. (3) Pool houses. (4) Equipment enclosure. (5) Workshop. located only within the rear. yard.  (d) Trash containers, mechanical equipment and minor outdoor storage shall be (e) Mailboxes, newspaper boxes, wall, fences, birdhouses, flagpoles and pump covers may bej placed in any front, side or rear yard. Doghouses may bej placed in rear (f) All freestanding carports shall be located in the side or rear yard of the lot. Freestanding carports may be placed no closer than five feet to the property line  yards only.    when placed against principal structure. In addition, the freestanding carport cannot extend into front yard unless it is connected/attached tot the principal structure. A maximum oft two freestanding carports are allowed except when an accessory building is located on the lot. When an accessory building is located on WHEREAS, the Town of Erwin wishes to amend the current language oft the same in order to better reflect the desired development within the Town's Planning Jurisdiction; WHEREAS, the Town of Erwin wishes to amend the current language oft the same to  the lot, only one freestanding carport will be allowed.  and read:  Sec. 36-419.- Accessory buildingstructures.  (a) Accessory buldings/structures are: restricted to rear and side yards. Only one accessory building/structure shall be permitted on lots less than 15,000 square feet. Larger lots are allowed an extra accessory building/structure for each additional 15,000 square feet. There shall be ai minimum oft ten feet between the primary structure and any accessory bullding/structure as well as ten feet between (b) Each accessory structure shall not exceed 40j percent ofthe total area ofthe side and/or reary yard. Primeipalsweure-AtnptmeshesalareeFseessen;  each accessory bullding/structure. seexeed2s-perentereenteFtmereryere: (1)Minimum side setback: Ten feet. (2)! Minimum rear setback: Ten feet.  (3)N Minimum setback fromj principal structure: Ten feet.  (4) Maximum building height for accessory structures shall not exceed 20 feet mean roofheight with the exception ofs schools, churches, hospitals, municipal facilities, and other such campuses, provided that at least one acre comprise the total land area oft the development. The maximum height for accessory structures (c) The following uses are permitted within accessory buildings in residential areas:  in such instances shall not exceed 35 feet mean roofheight.  (I)Parking. (2)Gazebo. (3)Pool houses. (4) Equipment enclosure. (5) Workshop. located only within the rear. yard.  (d) Trash containers, mechanical equipment and minor outdoor storage shall be (e) Mailboxes, newspaper boxes, wall, fences, birdhouses, flagpoles and pump covers may bej placed in any front, side or rear yard. Doghouses may be placed in rear (f) All freestanding carports shall bel located in the side or rear yard of the lot. Freestanding carports may be placed no closer than five feet to the property line when placed against principal structure. In addition, the freestanding carport cannot extend into front yard unless it is connected/attached to thej principal  yards only.    structure. A maximum oftwo freestanding carports are allowed except when an accessory building is located on the lot. When an accessory building is located on NOW, THEREFORE, BE IT ORDAINED by thel Board of Commissioners ofthe Town of Erwin, North Carolina that the current language as herein found with respect to Section 36-419. Accessory Building/Structures oft the Town Code is stricken where indicated by strikethrough lines and includes such language as herein indicated by bold  the lot, only one freestanding carport will be allowed.  print.  Adopted this 1st day of February 2024.  ATTEST:  Randy Mayor  Lauren Evans, NCCMC huuafans Town Clerk  ES6    8920  MINUTES CONTINUED FROM FEBRUARY1,2024 Erwin. He stated this needed to take priority.  Commissioner Byrd stated ift they could not fix what they tore up, then they could move their stuff out of Mayor Baker stated the Board would get with Stafft to ensure the road would be completed.  NEW BUSINESS  Al Woodall Park Potential Grant  Town Manager Snow Bowden informed thel Board that he received notification from Harnett County that the' Town of Erwin received a $50,000 grant from the State of North Carolina thanks to Senator Burgin. This grant would be similar to the grant we: received last year to resurface the parking lot at Al Woodall Park. The grant would be funneled through Harnett County. Hel had to send the County a scope of work and he wanted to propose thei idea ofr resurfacing both tennis courts at Al Woodall Park and turning one of The consensus oft the Board was to discuss this item at our Regularly Scheduled Workshop on the fourth  the tennis courts into two pickleball courts.  Monday oft the month. MANAGER'S REPORT  Town Manager Snow Bowden informed the Board:  The website was up and running. He thanked Town Clerk Lauren Evans for her hard work. We He was waiting to hear back from FAMPO about the potential of! having us join them. This was a great opportunity for the Town. We will have more opportunities to apply for funds for sidewalks, The Town approved the: first six homes in the subdivision located off] Bayles Street and Wondertown Drive. It looks like they have started tol break ground on the site as of today. We were expecting the developer to apply for permits int the future to build five additional homes on We were working with our colleagues at Harnett Regional Water to ensure that the water and sewer infrastructure was installed on St. Matthews. Road. He had aj pretty good conversation with them and felt like we were on the right track with this project. It did sound like the grant that we were, given was turned over to Harnett Regional Water for aj project inside our Town Limits. Town Staffwilll begin working with the Mid-Carolina Rural Planning Organization to obtaina letter of support for us to apply for a grant from NCDOT1 tol help pay for a bike/ped grant which We will have our second CORE (Creating Outdoor Recreation Economies) meeting on Tuesday, We were still working with the nonprofit organization ECHO (Erwin Churches Helping Others) and helping them grow their organization. They had some big goals this year. One oft their goals was to increase their presence in the community with local stakeholders sO the Board will  were. having technical difficulties that we were trying to work out.  and other road improvements.  this sitei in ai few months.  was a goal identified in our 2023 Land Use Plan. February 13th from 12 PM1 to 21 PM at' Town Hall.  probably be hearing more from them soon.    Erwin Board of Commissioners  REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Snow Bowden, Town Manager Date: February 1,2024 Subject: Al Woodall Park Grant  I was informed a few days ago that the Town of] Erwin will receive a $50,000 grant from the State ofl North Carolina thanks to Senator Burgin. Harnett County will be acting as a pass- through for this grant, and I need to send them a scope of work to get approved. The grant has to serve a "public purpose". Last year we used a similar grant to cover a portion oft the costs to resurface Al Woodall Park. Iv would like us to consider resurfacing both of our tennis courts at. Al Woodall Park and turn one ofthe tennis courts into two pickle ball courts. This would definitely costs more than $50,000. We had estimates from two years ago in the $80,000 range to do something similar. We could use: funds from the Community Enhancement Fund to cover any budget shortfalls. We have had a lot of requests for pickle ball courts in Erwin. I think this would be a great use of this grant by investing in our park. Ifyou would rather, we can discuss this at our February workshop meeting. Ijust wanted to go ahead and get the scope of work turned in  for approval.    TOWN OF ERWIN BOARD OF COMMISSIONERS REGULAR MEETING  THURSDAY, FEBRUARY 1, 2024, AT7PM  PUBLIC COMMENT- Each speaker is asked to limit comments to. 3 minutes, and the requested total comment period will be 15 minutes or less. Citizens should sign up prior to the start ofthe meeting. Please provide the clerk with copies ofany) handouts you havej for the Board. Although the Board is interested. in hearing your concerns, speakers should note expect Board action or deliberation on subject matter brought up during the Public Comment. segment. Thank you) forj your consideration oft the  Town Board, staff and other speakers. $160A-81.1  Name  Address  Subject  L-uwDES  roban wekEs  2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.    8921  MINUTES CONTINUED FROM FEBRUARY1.2024  We were waiting tol hear back from the State ofl NC in regard to the grant that we were awarded for a stormwater management plan. Bej prepared for a discussion at our February workshop regarding stormwater. Town Staff was working on improvements to our current plan/system. Once we can issue an RFQ and pick a qualified firm to help us put together a plan we should be able to make other improvements and go after grant opportunities to try and help us improve our True Homes USA was excited to start sooni in Erwin. They were ready to break ground soon. The Erwin. Area Chamber of Commerce hired Pamela Collins as their new Chamber Administrator. We welcome her to the Town of Erwin. He thought that she would be a great fit for We were hoping to have bids to discuss for thel Erwin Community Building bathrooms and the Town Staff was working on aj plan to start the discussion about an. HWY 421 overlay. We were also trying to find a firm to assist us with an overhaul of our Town Code. We will probably have more updates for the Board soon. A fiber company by the name ofLumos has reached out to the' Town about installing fiber int the Town of Erwin and Harnett County. The Erwin. Area Chamber of Commerce annual banquet will be on Thursday, February 22nd from He and Town Clerk Lauren Evans planned to attend a meeting with our Council of Governments on February 28h and 29th tol learn updates to the State ofNC Disaster Recovery and Resiliency He asked all department heads to have their budget requests in by February 15th. We would discuss scheduling our first budget meeting at our. February workshop meeting. We were making progress on the house that was condemned at 301 St. Matthews Road as well. Wel have not been able to identify thej proper heirs. But we. have found the proper way to address this issue. We advertised al hearing with thel building inspector in February. We: should hopefully be ablei to take action to demolish the house in May ofthis year ife everything goes as planned.  system here in] Erwin.  that organization.  Depot at our February workshop meeting.  61 PM1 to 8] PM: at Milltown Farms.  Financial Training.  Mayor Baker asked for an update on K Street.  Town Engineer Bill Dreitzler stated our consultant was waiting on Dunn to finish showing their waterlines and then they will send their surveyor crew to incorporate iti into the plan. They were considering boring rather than open cut which would be aj positive for an expensive solution. Town Manager Snow Bowden stated he would send the quote to Representative Penny: for assistance. Town Engineer Bill Dreitzler stated hel had received thei full set of construction plans for additional parking at Al Woodall Park. Hel hoped toj put those out for bid in the next few weeks.  ATTORNEY'S REPORT  Town. Attorney Tim Morris thanked the Board for allowing him to be their Town Attorney.    MINUTES CONTINUED FROM FEBRUARY1.2024  GOVERNING COMMENTS  Commissioner Byrd stated he ençountered aj problem concerning burning permits.  Thel Board instructed Town Manager Snow Bowden to contact the Town ofL Lillington in regard tot their  open burn policy.  Commissioner Nelson expressed his concern about aj pothole on Morgan Street. Mayor Baker thanked Town Staff for the wonderful jobt they were doing. Het thanked thel Police  Department. He was proud ofour new website.  ADJOURNMENT The Board voted unanimously.  Commissioner Byrd made ai motion to adjourn at 7:51 P.M. and was seconded by Commissioner Nelson.  MINUTES RECORDED ANDTYPED BY LAUREN EVANSTOWN CLERK  ATTEST:  SE  Cauan Euar  Randy Baker Mayor  Lauren Evans, NCCMC Town Clerk