THE ERWIN BOARD OF COMMISSIONERS MARCH 2024 REGULAR WORKSHOP MONDAY, MARCH25, 2024 @ 6:00 P.M. ERWIN MUNICIPAL BUILDING BOARDROOM AGENDA 1. MEETING CALLED TO ORDER A. Invocation B. Pledge of Allegiance 2. AGENDA ADJUSTMENTS /APPROVAL OF AGENDA 3. NEW BUSINESS A. 2023-2024 Resurfacing Bids (Page2) B. West K Street (Page 4) C. BOA 2024-05 (Page 24) D. SRO Reimbursement, Agreement Amendment (Page 26) E. ARP Grant Project Ordinance Amendment (Page 34) F. Storm Water Grant Project Ordinance (Page 40) G. Historical Bench Program (Page 42) H. Community Building Renovation (Page 55) I. Al Woodall Park Gym Roof (Page 57) J. Red Hill Church Road Preliminary Plat (Page 62) K. Accessory Dwelling Unit Text Amendment (Page 79) L. Proposed Highway 421 Overlay District, ZT-2024-003 (Page 83) M. Penalty Text Amendment (Page 90) N. Text Amendments to Chapter 361 Definitions (Page9 93) 4. GOVERNING COMMENTS 5. ADJOURNMENT 8946 ERWIN BOARD OF COMMISSIONERS REGULAR WORKSHOP MINUTES MARCH 25,2024 ERWIN, NORTH CAROLINA The Board ofCommissioners fort the Town of Erwin with Mayor Randy Baker presiding held its Regular Workshop in the Erwin Municipal Building Board Room on Monday, March 25, 2024, Board Members present were: Mayor Randy Baker, and Commissioners Charles Byrd, Timothy at 6:00P.M. in Erwin, North Carolina. Marbell, Alvester McKoy, Billy Turnage, and David Nelson. The Board Member absent was: Mayor Pro Tem Ricky Blackmon. Town Manager Snow Bowden, Town Clerk Lauren Evans, Deputy Clerk Katelan Blount, Town Planner Dylan Eure, Town Attorney Tim Morris, and Town Engineer Bill Dreitzler were present. Mayor Baker called the meeting to order at 6:00P.M. Commissioner Byrd led the Pledge of Allegiance. Commissioner Nelson gave the invocation. AGENDA ADISTMIERIANTROVALO: AGENDA Commissioner Turnage. The Board voted unanimously. Commissioner Byrd made ai motion to approve the agenda as presented and was seconded by NEW BUSINESS 2023-2024 Resurfacing Bids Town Engineer Bill Dreitzler presented the submitted bids for the 2023-2024 Street Resurfacing, for North 16th Street, Duke Street, and portions ofNorth 11th Street. There were three bids received. Highland Paving Company submitted al bid of$116,250.00, Johnson Brothers Utility & Paving submitted al bid of$107,474.00, and Barnhill Contracting Company submitted al bid of Town Engineer Bill Dreitzler had budgeted, based upon the previous three years pricing, the Based upon the bids received, Town Engineer Bill Dreitzler recommends going forward with the selection ofJ Johnson Brothers Utility & Paving for the award oft this contract. The consensus of the Board was to place the award for Johnson Brothers Utility & Paving under Consent on the agenda for our Regularly Scheduled Meeting in April. $175,500.00. amount of$153,500.00. Erwin Board ofCommissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: 2023-2024 Street Resurfacing B Our Town Engineer Bill Dreitzler is here tonight to present the bids that we received for the 2023-2024 street resurfacing project. The bids came well within the proposed budget. OFERA TOWNO OF] ERWIN Post Office Box 459 Erwin, NC28339 (910)897-5140 MEMO-R-A-N-D-UM DATE: TO: FROM: RE: Mr. Bowden, March 21, 2024 Snow Bowden, Town Manager Billl Dreitzler, P.E., Town Engineer 2023-2024 Street Resurfacing Bids On Wednesday, March 20, 2024 at 1:00 PMI bids were received for the 2023-2024 Street Resurfacing project. The following bids were: received: Highland Paving Company, LLC: $116,250.00 Johnson Brothers Utility & Paving: $107,474.00 Barnhill Contracting Company: $175,500.00 Bids were received for the following locations (approximately 3,600 linear feet): 1. N16th Street (West N Street through the Cul-de-Sac- - approximately 1,0001 linear feet) 2. N11ths Street (E H: Street to near EL Street - approximately 1,700 linear feet) 3. Duke Street (approximately 9001 linear feet) Ihave completed my evaluation of the bids and recommend award to Johnson Brothers Utility & Paving in the amount of $107,474.00. Our budget recommendation for the resurfacing was $153,500, exclusive of any patching and/or pothole repairs. When awarded by the Board of Commissioners I will be scheduling a site meeting with the low bidder to assess patching requirements oft the listed streets and obtain a quote for the additional work. Sincerely, / William W. Dreitzler, P.E. Town Engineer 8947 MINUTES CONTINUED FROMI MARCH 25, 2024 West K Street Town Engineer Bill Dreitzler stated that at the last meeting, he had recommended that the' Town look at the tunneling option for the repairs on West K Street. This would help protect the water lines as well as well as the City ofI Dunn's water lines. Once hel had spoken with Gradient, there The original contract with Gradient was for the amount of$45,115.00. To date, the Town has been billed for $37,958.00, which puts the project at about 90% complete. The few tasks remaining on the open cut version oft the repair would be thel handling oft thel Harnett Regional Town Engineer Bill Dreitzler stated that he is changing his recommendation on the open cut versus tunneling. He doesn't see: spending another $20,000.00 to this project, outside of additional engineering costs, as well as adding another 6-8 weeks to have another set of plans for the tunneling option. The new recommendation would be to continue with the open cut. Mayor Baker asked for clarification on the tunneling versus the open cut. Mr. Dreitzler clarified that the difference was the cost, as well as an additional $20,000.00 in engineering costs, as well recommendation to move: forward with the open cut design in accordance with the original contract, and place this item under Consent for our Regularly Scheduled Meeting in April. were some additional requirements. Water lines and the City ofDunn water lines. as the length oft time before plans would bei inl hand to go to bid. The consensus of the Board was to approve Town Engineer Bill Dreitzler's BOA 2024-05 Thej proposed Budget Amendment will take excess funds from our interest-earned line item to The consensus of the Board was to add this Budget Amendment under Consent on the cover the costs of replacing al lawnmower in the Recreation Department. agenda for our Regularly Scheduled meeting in April. SRO Reimbursement Agreement Amendment Town Manager Snow Bowden presented SRO Agreement. Amendments. One is an update to the current MOU with Harnett County. The update would allow for complete reimbursement for the budgeted amount for our SRO, It would also allow for a 3% increase in the allotted reimbursement amount at the start of each Fiscal Year. In the original agreement, the maximum Additionally, we: received an amendment that has been approved by Harnett County to providea a one-time $5,000.001 bonus to our current SRO. This is in line with the bonus that the SRO's with amount was $65,812.00 Harnett County have received. Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: West K Street Our Town Engineer Bill Dreitzler is here tonight to discuss the West K Street project. At one of our recent workshop meeting the consensus oft the Board was to move: forward with the tunneling option as the best option to fix this damaged site. In order to move forward with the boring option additional work needs to be completed that isi included in the updated scope ofwork. The additional work that needs to be completed includes more survey work updates to the design/plan. SRADIENT LAND-WATERINNOVATION Scope of Work KStreet Culvert Replacement Town of Erwin, NC PROJECT DESCRIPTION This Scope of Work is a supplement to the original agreement with the Town and outlines the additional professional surveying and engineering services to be provided to the Town of Erwin (Town) for the project to be called West K: Street Culvert Replacement. The purpose of these additional services is to provide a design for a bore & jack (tunneling) option to replace the failed pipe culvert crossing on West K Street located between N 14th Street and N 15th Street. The existing culvert crossing. West K Street is an approximate 36-inch diameter corrugated metal pipe which has failed, causing significant erosion and potential failure of the roadway. The scope of this project includes: Topographic Survey services Bore & Jack design services Construction drawings PROPOSED SCOPE OF WORK Gradient, PLLC (Professional) utilize previous surveys and designs, supplemented by the items contained in this scope of services, for the preparation of construction contract documents for the tunneling option. The proposed scope of work has been prepared in general accordance with the engineering standard of practice and discussion of the project with the Town and consists of the following basic services: 1. Additional Topographic Survey 1.1Conventional Survey Services The proposed bore & jack operation will be parallel to the existing culvert and on the edge of the previously conducted topographic survey. Additional topographic survey will be conducted to address the area needed for the tunneling option. 1.1.1 Easement Exhibit Maps Included in original agreement. 1.1.2 Property Owner Notification Included in original agreement. 1.1.3 Basemap The Surveyor (GEL) will update the survey data from the original agreement and update the basemap. The basemap will be used in developing the design and construction drawings. 2. Design Development 2.1Preliminary Plan & Profiles Professional has developed a conceptual plan & profile of the proposed tunneling option. This conceptual plan will be used to develop a preliminary drawing (30% complete). Professional will also update the preliminary Opinion of Probable 230 Donaldson Street, Suite 500A I Fayetteville, NC 28301 I 910.824.7731 1513 Walnut Street, Suite: 230 I Cary, NC27511 I 910.824.7731 www.gradientNC.com Town of Erwin, NC West K Street Culvert Tunnel Option March5, 2024 Page 2of 4 Construction Cost based on the preliminary drawings and unit costs from other, similar Preliminary 30% construction drawings with Preliminary Opinion of Probable projects. Deliverable: Construction Cost 2.2Progress Design and Submittals 60% and 90% 2.2.1 Professional will incorporate comments from the preliminary plan submittal to prepare 60% design construction drawings. The 60% design drawings will build on the 30% design preliminary plans by including project details, preliminary utility relocation plans (as required), preliminary traffic control plan/concept, erosion control concept/procedures, and preliminary easement locations. The 60% design 2.2.2 Professional will incorporate comments from the 60% design submittal to prepare 90% design construction drawings. The 90% design drawings will build on the 60% design plans by including general notes and a construction sequence, materials and quantities sheet, utility relocation details, sediment and erosion control plan, and traffic control plan. The 90% design submittal will include a tabulation of bid quantities, an opinion of probable construction cost, a general outline of the technical specifications, and final easement plats. The 90% design submittal will Preliminary 60% construction drawings with Preliminary Opinion of Probable Preliminary 90% construction drawings with Preliminary Opinion of Probable submittal will include one (1) progress meeting with Town. include one (1) progress meeting with Town. Deliverable: Construction Cost Construction Cost and easement plats. 3. Construction Contract Documents and Permitting 3.1Develop Project Manual 3.2Permit Applications o Not included. 3.3Final Construction Documents 3.4Utility Coordination Professional will update the final project manual to include specifications for the tunneling design. No additional fee required. Included in original contract. No additional fee required. Included in original contract. No additional fee required. Town of Erwin, NC- West K Street Culvert Tunnel Option March 5, 2024 COMPENSATION one each task. Page 30 of4 Compensation for engineering services and reimbursable expenses shall be based on the following fixed fees. These fees will be invoiced monthly based on our estimation of the percentage complete Task# # 1 1.1 2 2.1 2.2 Description Tunnel ption Total ADOTIONALSLAVEY Additional FieldSurvey DEYGNDERLOAMENT PelmnayPansPolle Reyslsgnéséomtas $3,350.00 $3,830.00 $0.00 $5,950.00 $6,990.00 $20,120.00 2.2.1 60%4 Design 2.2.2 90%4 Design Totalk Project This proposal is valid for 30 days from the date of the proposal. If the proposal is not accepted within 30 days, we reserve the right to revise or withdraw the proposal entirely at our discretion. Please confirm your acceptance of this proposal by signing one copy and returning it to our office. Our receipt of the executed copy of this proposal will serve as our Notice to Proceed and contract to perform the work described herein. This Agreement is subject to the Gradient Standard Terms and Conditions which are incorporated herein by reference. Town of Erwin, NC West K Street Culvert Tunnel Option March 5, 2024 Page 4 of 4 AUTHORIZATION TO PROCEED Proposal for Surveying & Civil Engineering Services Town of Erwin West K Street - Tunneling Option I/We agree and accept Gradient's proposal to provide the above described services. We understand the Scope of Services as provided herein and agree to the fees estimated for these services. We further acknowledge that Gradient will provide a proposal for any change in the Scope of Services described herein and that a signed agreement to provide those additional services will be executed prior to any work being performed. Printed Name Title Signature Date SRADIENT LAND-WATER-INNOVATION August 7, 2023 Town of Erwin, NC Attn: Bill Dreitzler, Town Engineer PO box 459 Erwin, NC 28339 RE: Scope of Work & Fee Proposal West K Street Culvert Replacement Town of Erwin, NC Dear Bill: Attached to this letter is our Scope of Work & Fee Proposal which outlines the professional surveying and engineering services we propose to provide to the Town of Erwin (Town) for the project to be called West K Street Culvert Replacement. The purpose of the project is to address the failed pipe culvert crossing on West K Street located between N 14th Street and N 15th Street. We have included the various elements you requested (culvert replacement VS. open channel) and trust the information herein is clear and concise on those two elements. We would be happy to meet with you to review this information should you desire or to provide further clarification if necessary. Please contact me with any questions you may have. We are prepared to begin work once we have a notice to proceed from the Town. Sincerely, GRADIENT, PLLC Gc2s Gordon A. Rose, PE 230 Doneldson Streat, Suite 500A I Fayetteville, NÇ: 28301 I 910.824.7731 1513 Walnut Street, Suite2 230 I Cary, NÇ2 27511 1 910.824.7731 ww.gradientNC.com SRADIENT LAND-WATER"INNDVATION Scope of Work KStreet Culvert Replacement Town of Erwin, NC PROJECT DESCRIPTION This Scope of Work outlines the professional surveying and engineering services to be provided to the Town of Erwin (Town) for the project to be called West K: Street Culvert Replacement. The purpose of the project is to replace the failed pipe culvert crossing on West K Street located between N 14th Street and N 15th Street. The existing culvert crossing West K Street is an approximate 36-inch diameter corrugated metal pipe which has failed, causing significant erosion and potential failure of the roadway. The scope of this project includes: Topographic Survey services Hydrologic and Hydraulic Investigation Culvert design services Construction drawings Items which are not included with this proposal but can be provided as an additional service at a later date include: Subsurface Utility Exploration (SUE) Bid package development Assistance during construction The Gradient team will include sub-consultants to be used as needed to provide data collection. GEL Solutions will be used for field topographic survey services; this scope will include obtaining finished floor and other critical structure/component elevations, relevant storm pipe and system detail, utility locations (as marked by others), topographic surveys, as well as representative channel cross- sections. Subsurface Utility Engineering (SUE) services can be provided at an additional cost. Building and Earth Sciences will be used for geotechnical services, to assess the subsurface soil conditions. Inver Consulting will be used to identify any potential wetlands and assist with permitting for proposed impacts. PROPOSED SCOPE OF WORK Gradient, PLLC (Professional) will provide Hydrologic & Hydraulic (H&H) analysis; design development; and preparation of construction contract documents. Not included with this scope of work but services which can be provided if needed include assistance with bidding and construction contract award services; and assistance during construction as outlined below. The proposed scope of work has been prepared in general accordance with the engineering standard of practice and discussion of the project with the Town and consists of the following basic services: 1. Preliminary Investigation 1.1Site Visit and Kick Off Meeting Professional will attend a site visit with representatives of the Town to walk the site and to observe the proposed working area. The visit will occur prior to the field survey efforts to validate the scope of the project and the survey limits. 230 Donaldson Street, Suite 500A I Fayetteville, NC 28301 I 910.824.7731 15131 Walnut Street. Suite 230 I Cary, NC27511 I 910.824.7731 wwwgradientNC.com Town of Erwin, NC- West KStreet Culvert August7,2023 Page 2of12 1.2Conventional. Survey Services GEL Solutions will provide topographic survey services to assist with the overall project scope. GEL will establish XYZ control via GPS and create a localized point along with secondary control through the project limits (the project limits are shown on Exhibit A). At least one (1) benchmark will be set within the project limits. The following items will be located in the field to complete the final deliverables. Sanitary Sewer Structures to include size, type, and inverts Locate property along the project limits Pavement within the project limits Finished floor elevation (FFE) of adjacent structures )as needed) Hydrographic features throughout the project limits and further defined during the field scoping meeting Existing visible planimetric features including, but not limited to Signs, Poles, Guy Wires, Utility Structures, Fences, etc. Top of valve nut elevations including, but not limited to water, sewer, Horizontal SUE paint markings of existing utilities as marked by others Aerial utility connectivity within the project limits and gas valves 1.2.1 Easement Exhibit Maps Survey easement services, if required, will be provided through our subconsultant, GEL Solutions. GEL will conduct limited boundary surveys and produce map exhibits for the upstream (south) and downstream (north) tie-in locations for the proposed culvert replacements. The easement map exhibits will be delivered to the Town on Ita appears from recorded maps there is an existing drainage easement on the parcel on the upstream (south) side of West K Street. Iti is assumed the existing pipe is within this easement such that no additional easements will be required. We find no evidence of an existing easement on the property on the downstream (north) side of West K Street. We will prepare an easement exhibit map on the north side of the road sufficient to address the work zone only. This does not include preparation of Professional will develop a list of properties that may require access during the survey services. The Town will notify the property owners and provide notice prior to commencement of survey services. Property notification services are not included The Surveyor (GEL) will update the survey data and basemapping in electronic format, including a surface file for the topographic surveyed areas. The basemap will be used in developing the design and construction drawings. 8.5X11 or 11X17 sized pages. an easement map across the entire parcel. 1.2.2 Property Owner Notification in this scope. 1.2.3 Basemap The following survey services (1.3 and 1.4) are, not included in the scope and fee proposal. These services can be added if desired. 1.3Subsurface Utility Engineering (SUE) Quality Level D-B Survey Ifr requested and upon negotiation of an additional survey fee, GEL will collect available records of existing utilities within the project limits. GEL will then employ non-intrusive geophysical technologies to designate the existence and determine horizontal positions ofr non-gravity utilities within survey limits. A combination of EM equipment and GPR Town of Erwin, NC West KStreet Culvert August7, 2023 Page 30 of12 equipment will be used to designate the targeted utilities in accordance with the APWA Uniform Color Code scheme. Paint markings and structures will be horizontally located during Task 1.2 to include in the final MicroStation.dgn deliverable. 1.4Subsurface Utility Engineering (SUE) Quality Level A Test Holes Upon completion of Task 1.3, GEL can complete test holes identified by Professional after review of the deliverable from Task 1. GEL will employ non-intrusive geophysical technologies to designate the existence and determine horizontal positions of the targeted utilities described to be in conflict to properly lay out each test hole location. "Vacuum Excavation Reports" will be generated for each test hole completed and be Provide equipment, personnel, and supplies neçessary for the completion of the test holes. The exact locations of the test holes will be determined by GEL and the Professional based on the actual utility conflicts found during Task 1. Excavate test holes to expose the utility to be measured. In performing such excavations, GEL Engineering shall comply with applicable utility damage prevention laws. GEL Engineering shall schedule and coordinate with the utility companies and their inspectors, as required, so they may be present during the excavation of their Provide notification and information concerning: (a) the outside diameter of the utility and configuration of non-encased, multi-conduit systems; (b) the utility structure material composition, when reasonably ascertainable; (c) the type of surface material; (d) the general soil type and site conditions; and (e) such other pertinent information as isr reasonably ascertainable from each test hole site. Measure and record distance to top of utility, and place a pk, hub/tack, chiseled X, nail, and/or disk over the utility to allow for survey of each test hole. Provide restoration of pavement using cold patch asphalt within the limits of the original cut and spoils to be used as fill. When test holes are excavated in areas other than roadway pavement, these disturbed areas shall be restored as nearly as possible to the condition that existed prior to the excavation. Additional restoration efforts will be We assume that no contaminated soils will be present which would require special equipment decontamination and/or off-site disposal of materials. Spoils will be used for test hole backfill and will be compacted by tamping prior to any surface repair. 2D and 3D Microstation dgn in accordance with NCDOT mapping standard included in the final SUE deliverable. facilities. billed at cost plus 15%. Survey and SUE Deliverables: TIN and corresponding GPK files Signed and: sealed. .pdf of the completed. survey Signed and sealed reports of all test holes completed during Task 1.4 (if this option is The purpose of the geotechnical investigation will to be determine soil types at the site selected) 1.5Geotechnical. Services that could be expected during construction. The services include: 1.5.1 Coordination and Field Exploration Coordination and Scheduling: Professional will coordinate this work with the Town Utility Clearances: As identified in Task 1.3 and Task 1.4 above. regarding access to the site. Town of Erwin, NC West KStreet Culvert August 7, 2023 Page 4of11 Drilling and Sampling: Perform a total of two (2) soil test borings. One boring will be advanced to a depth of 15 feet, and the other will be advanced to a depth of 20 Groundwater: After drilling the hollow stem auger borings, we will measure the groundwater level at the end of the day. After retrieving the measurement, we will Laboratory testing is geared towards identifying the materials that should be The quantity and nature of the laboratory tests performed will vary depending upon the type of soils encountered. Based on the drilling scope and requested geotechnical evaluations, we anticipate performing the following laboratory tests: feet, below the ground surface. backfill the borehole(s) with soil cuttings. 1.5.2 Laboratory Testing expected during construction. Laboratory Test Atterberg Limits Gradation Analysis Natural Moisture Content ASTM, D4318 D6913 D2216 Number of Tests 2 2 13 1.5.3 Engineering Analysis and Reporting Perform engineering analysis for shallow foundations. Findings will be sent in an electronic report, which will include, but not necessarily be limited to, the following Adescription of the subsurface conditions encountered at the boring locations. Site preparation considerations including material types to be expected during grading as well as recommendations regarding handling and treatment of unsuitable Compaction requirements and recommended criteria to establish suitable surfaces Boring logs detailing the materials encountered with soil classifications, penetration Plans and maps showing the location of the project and our onsite work. information: Summary of existing surface conditions. soils, if encountered. for structural backfill. values, and groundwater levels (if measured). Presentation of laboratory test results. 1.6Preliminary Hydrology & Hydraulics - Culvert Option The hydraulics and hydrology for the project will be determined using PCSWMM or other appropriate modeling software. The hydraulic model will utilize LIDAR topography outside the project limits and the surveyed topographic data within the project limits. The H & H analysis will be used to determine the final design culvert configuration. Once the design concept is established, the 25- and 100-year, 24-hour event will be analyzed to estimate flooding conditions. Preliminary design concept plan Deliverables: Town of Erwin, NC West K Street Culvert August7,2023 Page 50 of1 11 Town of Erwin, NC West K: Street Culvert August 7, 2023 Page 6of 11 2. Design Development 2.4Preliminary Plan & Profiles Professional will use the design concept from the previous Task 1.6 to develop preliminary construction drawings. The preliminary construction drawings, considered to! be 30% complete, will include a title sheet, existing conditions sheet (with project survey control), plan and profile sheet, and pertinent project details. The Town will review, provide comments, and give approval to proceed with the 60% design submittal. Professional will also develop a preliminary Opinion of Probable Construction Cost based on the preliminary drawings and unit costs from other, similar projects. Preliminary 30% construction drawings with Preliminary Opinion of Probable Deliverable: Construction Cost 2.5Progress Design and Submittals 60% and 90% Professional will incorporate comments from the preliminary plan submittal to prepare 60% design construction drawings. The 60% design drawings will build on the 30% design preliminary plans by including project details, preliminary utility relocation plans (as required), preliminary traffic control plan/concept, erosion control concept/procedures, and preliminary easement locations. The 60% design submittal will Professional will incorporate comments from the 60% design submittal to prepare 90% design construction drawings. The 90% design drawings will build on the 60% design plans by including general notes and a construction sequence, materials and quantities sheet, utility relocation details, sediment and erosion control plan, and traffic control plan. The 90% design submittal will include a tabulation of bid quantities, an opinion of probable construction cost, a general outline of the technical specifications, and preliminary easement plats. The 90% design submittal will include one (1) progress Preliminary 60% construction drawings with Preliminary Opinion of Probable Preliminary 90% construction drawings with Preliminary Opinion of Probable include one (1) progress meeting with Town. meeting with Town. Deliverable: Construction Cost Construction Cost 3. Construction Contract Documents and Permitting 3.4Develop Project Manual Professional will develop the final project manual using front-end and technical specifications provided by the Town or from other sources, to be approved by the Town. This includes preparation of the bid tabulation and quantities, as well as editing the pertinent front-end sections and the project specific techniçal specifications. This scope does not include utility permit services, but does include the Town's review, comments, and approval for water and gravity sewer relocation designs (if required). Biological permitting services will be performed by Inver Consulting as a sub-consultant Wetland/stream delineation: Identify and characterize potential Clean Water Act resources within the project area according to current methodologies. Establish 3.5Permit Applications to Gradient and includes the following: Town of Erwin, NC West K Street Culvert August7,2023 Page 7of11 Ordinary High-Water Mark along stream channels. Perform NC Stream Assessment Coordinate with surveyor on PLS location of stream banks and wetland flagging (if Discuss design after delineation for compliance with Nationwide Permit. Prepare an electronic Pre-Construction Notification for submittal to the USACE and Method to document stream functions. required). NCDWR, including: PCN Form Species database review Historic resources database review Delineation information Stream functional assessment Mitigation proposal or justification Items not included: No. Jurisdictional Determination will be requested from the USACE due to agency workload. Delineation information will be included in the e-PCN Design will comply with Nationwide Permit & General Certification conditions and will be Allowable under the Buffer Rules. No Individual Permit or Buffer Variance Noc compensatory mitigation will be required, or if required will be provided by the required. Permit fees to be paid by others if required. Town via in-lieu-fee or mitigation bank payment. 3.6Final Construction Documents Professional will incorporate previous comments to finalize the 100% Design construction drawings and project manual documents. The final construction documents shall be signed, sealed, and prepared for bid advertisement. 3.7Utility Coordination Professional will assist during the utility coordination process by answering questions and providing project drawings. Town will coordinate with utility companies having existing utilities within the project area such as electric, cable, telephone and gas and will submit drawings to the various utility providers for review as required. If relocations are required, Town will coordinate the relocation process with the affected utility providers. Proposed relocations, as proposed by the utility companies and approved by the Town, will be indicated on the final drawings. The following services are not included in this scope of work but can be added at a later date if desired by the Town: 4. Bidding and Construction Contract Award 4.1Bid Advertisement The Town will develop a bid advertisement and will post the advertisement. As part of this task the Professional will assist the Town during the bid process by helping to address bidder's questions, and the Professional may attend one pre-bid meeting. Town of Erwin, NC West KStreet Culvert August 7, 2023 Page 8 of11 4.2Distribute Bid Documents Professional shall prepare and package the construction drawings and bid documents in pdf format so they can be viewed electronically and/or be printed by the Town for distribution. Town will be responsible for the distribution of the bid documents. The Town will receive the project bids and conduct the bid opening process. The Professional will assist the Town in reviewing the bid submittals and will drafta The Town will work with the selected construction contractor to implement the construction contract execution. Professional will assist the Town in this process by 4.3Bid Opening recommendation of award letter to the Town, 4.4Execution of Construction Contract answering questions. 5. Construction Administration .1Preconstruction Meeting construction contractor. 5.2Construction Administration Professional will attend one (1) preconstruction meeting with the Town and The Town will assign a project representative and/or inspector responsible for the construction administration and observation and will be the primary contact for the construction contractor. The Professional will assist the Town representative by periodically visiting the site, addressing design questions during construction, and reviewing project submittals as requested. The construction administration estimated time is based on one (1), four (4) hour visit per week for a 120-day construction time The Professional will review shop drawings submitted by the contractor and provide documentation to the Town regarding this review. Final review and approval of shop The Professional will assist the Town by answering questions from the Town representative on the interpretation and verification of the contractor's requests for payment. The Town will be responsible for verifying quantities during construction. The Professional will assist the Town by reviewing and making recommendations about change order requests that may be submitted by the construction contractor. The Town will be responsible for final approval and execution of change orders. The Professional will participate with the Town in the final inspection and final project walk-through. The Professional will assist the Town by providing comments and recommendations about final "punch-list" items and approvals. (68 total hours). 5.3Shop Drawing Review drawings will be the responsibility of the Town. 5.4Pay Apps 5.5Change Orders 5.6Final Inspection 5.7Prepare "As-Built" Drawings and Certifications Record drawings, as-built surveys, and final certifications are not included in this scope. Town of Erwin, NC West K Street Culvert August7, 2023 Page 9 of 11 ADDITIONAL SERVICES: Alternative Design The Town may want to consider an alternative to replacement of the existing culvert. This alternative would involve an open channel across West K Street and thereby eliminating through traffic. The tasks described below would be in addition to the tasks identified above for the culvert replacement: 1. Preliminary Investigation 1.1Site Visit and Kick Off Meeting 1.2Conventional Survey Services Same as described above. No additional scope or fee. Same as described above. No additional scope or fee. Same as described above. No additional scope or fee. 1.2.2 Property Owner Notification Same as described above. No additional scope or fee. Same as described above. No additional scope or fee. 1.3 Subsurface Utility Engineering (SUE) Quality Level D-B Survey Same as described above. No additional scope or fee. 1.4 Subsurface Utility Engineering (SUE) Quality Level A Test Holes Same as described above. No additional scope or fee. Coordination and Field Exploration Same as described above. No additional scope or fee. Same as described above. No additional scope or fee. 1.6 Preliminary Hydrology & Hydraulics- Open Channel Option 1.2.1 Easement Exhibit Maps 1.2.3 Basemap 1.5 Geotechnical Services 1.5.1 1.5.2 Laboratory Testing The hydraulics and hydrology for the open channel option will be determined using PCSWMM or other appropriate modeling software. The hydraulic model will utilize LIDAR topography outside the project limits and the surveyed topographic data within the project limits. The H&H analysis will determine the required channel configuration and grading required to establish adequate side slopes. Once the design concept is established, the 25- and 100- year, 24-hour event will be analyzed to estimate flooding conditions. 2. Design Development 2.1Preliminary Plan & Profiles Professional will use the design concept from the previous Task 1.6 (Open Channel option) to develop a preliminary plan and profile of the proposed open channel and grading impacts. The preliminary construction drawings, considered to be 30% complete, will include a plan and profile sheet, and pertinent project details. The Town will review, provide comments, and give approval to proceed with the 60% design submittal should this option be selected. Professional will also develop a preliminary Opinion of Probable Construction Cost based on the preliminary drawings and unit costs from other, similar Professional will incorporate comments from the preliminary plan submittal to prepare 60% design construction drawings for the open channel option. The 60% design drawings will projects. 2.2Progress Design and Submittals 60% and 90% Town of Erwin, NC West K Street Culvert August 7, 2023 Page 10of11 build on the 30% design preliminary plans by including project details, preliminary utility relocation plans (as required), preliminary traffic control plan/concept, erosion control concept/procedures, and preliminary easement locations. The 60% design submittal will Professional will incorporate comments from the 60% design submittal to prepare 90% design construction drawings. The 90% design drawings will build on the 60% design plans by including general notes and a construction sequence, materials and quantities sheet, utility relocation details, sediment and erosion control plan, and traffic control plan. The 90% design submittal will include a tabulation of bid quantities, an opinion of probable construction cost, a general outline of the technical specifications, and preliminary easement plats. The 90% design submittal will include one (1) progress meeting with Town. Preliminary 60% construction drawings with Preliminary Opinion of Probable Preliminary 90% construction drawings with Preliminary Opinion of Probable include one (1) progress meeting with Town. Deliverable: Construction Cost Construction Cost 3.1Develop Project Manual Same as described above. 3.2Permit Applications Same as described above. 3.3Final Construction Documents Same as described above. 3.4Utility Coordination Same as described above. 4. Bidding and Construction Contract Award 4.1Bid Advertisement Same as described above. 4.2Distribute Bid Documents Same as described above. 4.3Bid Opening Same as described above. 4.4Execution of Construction Contract Same as described above. 3. Construction Contract Documents and Permitting Town of Erwin, NC West K Street Culvert 11 of 12 Page August 7, 2023 COMPENSATION on each task. Compensation for engineering services and reimbursable expenses shall be based on the following fixed fees. These fees will be invoiced monthly based on our estimation of the percentage complete Culvert Replacement Open Channel Total $700.00 $5,595.00 $1,830.00 $475.00 $1,730.00 $0.00 $0.00 $0.00 $3,000.00 $1,500.00 $1,000.00 $3,590.00 $19,420.00 $4,600.00 $6,880.00 $6,380.00 $17,860.00 $1,465.00 $2,860.00 $1,610.00 $1,900.00 $7,835.00 Description Task # Total $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,610.00 $1,610.00 $3,100.00 $6,710.00 $6,250.00 $16,060.00 $660.00 $1,160.00 $1,280.00 $1,320.00 $4,420.00 1 PRELIMINARYI INVESTIGATION 1.1 Site Visit & Kick Off Meeting 1.2 Conventional, Surveys Services 1.2.1 Easement Exhibit Maps 1.2.2 Property Owner Notification 1.2.3 Basemap 1.3 Subsurface Utility Exploration (SUE) 1.4 Subsurface Utility Exploration (SUE)- TestHoles 1.5 Geotechnical Services 1.5.1 Coordination & Field Exploration 1.5.2 Laboratory Testing 1.5.3 Engineering. Analysis & Reporting 1.6 Preliminary Hydrology & Hydraulics 2 DESIGN DEVELOPMENT 2.1 Preliminary Plan & Profile 2.2 Progress Design & Submittals 60% Design 90% Design Sub-Total Preliminary Investigation Sub-Total Design Development 3 CONSTRUCTION CONTRACT DOCUMENTS & PERMITTING 3.1 Develop Project Manual 3.2 Permit Applications 3.2 Final Construction Documents 3.4 Utility Coordination Sub-total Construction Contract Documents Total Project $45,115.00 $22,090.00 This proposal is valid for 30 days from the date of the proposal. If the proposal is not accepted within 300 days, we reserve the right to revise or withdrawi the proposal entirely at our discretion. Please confirm your acceptance of this proposal by signing one copy and returning it to our office. Our receipt of the executed copy of this proposal will serve as our Notice to Proceed and contract to perform the work described herein. This Agreement is subject to the Gradient Standard Terms and Conditions which are incorporated herein by reference. Town of Erwin, NC- West KStreet Culvert August 7, 2023 Page 12of 12 AUTHORIZATION TO PROCEED Town of Erwin Proposal for Surveying & Civil Engineering Services West K Street - Culvert Replacement I/We agree and accept Gradient's proposal to provide the above described services. We understand the Scope of Services as provided herein and agree to the fees estimated for these services. We further acknowledge that Gradient will provide a proposal for any change in the Scope of Services described herein and that a signed agreement to provide those additional services will be executed prior to any work being performed. Sqow Bowde Printed Name Town manager Title Sno BBorske Signature 09/07/ / 2023 Date Project: Owner: Engineer: Option Base Bid Item No. A-01 A-02 A-03 A-04 A-05 A-06 A-07 A-08 A-09 A-10 A-11 B-01 B-02 B-03 B-04 B-05 B-06 C-01 C-02 C-03 C-04 C-05 C-06 West KStreet Culvert Replacement Town of Erwin, NC Gradient, PLLC Option 1:0 Open Cut & Replace MOBILIZATION (2.5%) EROSION CONTROL (2.59) TRAFFIC CONTROL (2.5%) CLEARING AND GRUBBING UNCLASSIFIED EXCAVATION UNDERCUT EXCAVATION SELECT BORROW MATERIAL TEMPORARY STREAM DIVERSION INSTALL, MAINTAIN, AND REMOVE TEMPORARY! BARRIER FENCE REMOVE & DISPOSE OFE EXISTING/ ASPHALT PAVEMENT PLANTI MIX BITUMINOUS CONCRETE SURFACE COURSE, TYPE 59.5C- COF REMOVE AND DISPOSE OFE EXISTING 36" CMP 48" RCP, CLASSIII INSTALLE 6' DIAMETER SWN MANHOLE, 18-20'D DEPTH 48" RCP CONCRETE! HEADWALL RIP RAP, CLASS1V WITHF FILTERF FABRIC SEEDING ANDI MULCHING, AC REMOVE EXISTING 8"V WATERI MAIN FURNISH &1 INSTALL NEWS 8"F RJD DUCTILEI IRON WATERI MAIN FURNISH &1 INSTALL NEW'S 8"RJG GATE VALVE w/V VALVE BOX CONNECTING TOE EXISTING WATER MAIN STERILIZATION & TESTING TEMPORARY SUPPORTF FOR2 24-INCHN MAIN DURING CONSTRUCTION Project No.: Estimated Unit Unit Price Extended Amount Quantity LS 1 2.5% LS 1 2.5% LS 1 2.5% AC 1.0 25,000.00 CY 6,500.0 55.00 CY 100 60.00 CY 2,000 60.00 LS 1 25,000.00 LF 500 22.00 SY 300 20.00 SY 300 15.00 LF 180 58.00 LF 200 620.00 EA 1 20,000.00 EA 2 9,000.00 TN 62 175.00 AC 1.0 5,500.00 LF 100 10.00 LF 100 350.00 EA 2 5,000.00 EA 2 2,500.00 LF 1,200 10.00 LS 50,000.00 item Description Itemsi inE Base Bid (excluding Allowances) pers Section 012 2901' Measurement: and Basisf for Payment" 21,419.75 21,419.75 21,419.75 25,000.00 357,500.00 6,000.00 120,000.00 25,000.00 11,000.00 6,000.00 4,500.00 10,440.00 124,000.00 20,000.00 18,000.00 10,850.00 5,500.00 1,000.00 35,000.00 10,000.00 5,000.00 12,000.00 50,000.00 TotalE Base Bid Items Amount (Sum of Extended/ Amounts fore each Base Bidl Linel Item) $ 921,049.25 10% $ 92,104.93 15% $ 138,157.39 $ 1,151,311.56 Total Estimate Project: Owner: Engineer: Option Base Bid Item No. A-01 A-02 A-03 A-04 A-05 A-06 A-07 A-08 A-09 A-10 A-11 B-01 B-02 B-03 B-04 B-05 B-06 C-01 C-02 C-03 C-04 C-05 C-06 West KStreet Culvert Replacement Towno of Erwin, NC Gradient, PLLC Option 2:B Bore Project No.: Item! Description Unit Estimated Unit Price Extended Amount Quantity 1 2.5% 2.5% 2.5% 1.0 25,000.00 500.0 55.00 100 60.00 2,000 60.00 1 15,000.00 500 22.00 100 20.00 100 15.00 180 250.00 200 3,000.00 600,000.00 2 6,500.00 2 9,000.00 62 175.00 1.0 5,500.00 10.00 350.00 5,000.00 2,500.00 10.00 50,000.00 Items inBase Bid (excluding Allowances) pers Section 017 2901" "Measurement: and Basisf forF Payment" MOBILIZATION (2.5%) EROSION CONTROL (2.5%) TRAFFIC CONTROL (2.5%) CLEARING AND GRUBBING UNCLASSIFIED EXCAVATION UNDERCUT EXCAVATION SELECT BORROW MATERIAL TEMPORARY STREAM DIVERSION INSTALL, MAINTAIN, ANDF REMOVE TEMPORARY BARRIERF FENCE REMOVE & DISPOSE OFE EXISTING ASPHALTF PAVEMENT PLANT MIXB BITUMINOUS CONCRETE SURFACE COURSE, TYPES $9.5C-COF GROUT FILLE EXISTING 36" CMP BORE 48" RCP, CLASSII INSTALL 6' DIAMETERS SWN MANHOLE, 8'-10' DEPTH 48" RCPC CONCRETE HEADWALL RIPF RAP, CLASS1 WITHF FILTERF FABRIC SEEDING/ ANDI MULCHING, AC REMOVEE EXISTING 8" WATER MAIN FURNISH & INSTALLI NEW: 8" RJD DUCTILE IRONY WATERI MAIN FURNISHE &I INSTALLI NEW 8"R RJG GATE VALVEV w/V VALVEE BOX CONNECTING TOE EXISTING WATER MAIN STERILIZATION &1 TESTING TEMPORARY SUPPORT FOR2 24-INCHN MAIN DURING CONSTRUCTION LS LS LS AC CY CY CY LS LF SY SY LF LF EA EA TN AC LF LF EA EA LF LS 22,508.75 22,508.75 22,508.75 25,000.00 27,500.00 6,000.00 120,000.00 15,000.00 11,000.00 2,000.00 1,500.00 45,000.00 13,000.00 18,000.00 10,850.00 5,500.00 Total Base Bid Items Amount (Sum ofE Extended/ Amounts fore each Base Bidi Linel Item) $ 967,876.25 10% $ 96,787.63 15% $ 145,181.44) $ 1,209,845.31 Contingency Construction! Period Services Total Estimate Erwin Board ofCommissioners REQUEST FOR CONSIDERATION To: Thel Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: BOA 2024-05 The proposed text amendment takes excess funds from our interest-earned line item to cover the costs of replacing al lawnmower in the Recreation Department. BUDGET ORDINANCE AMENDMENT BOA2024-05 FISCAL YEAR 2023-2024 BE IT ORDAINED by the Governing Board of the Town of Erwin, North Carolina that the following amendments are made to the annual budget ordinance for the fiscal year ending June Section 1. This Budget Ordinance Amendment seeks to Increase Revenues and Increase Expenditures by $14,735. This amendment is to account for increase in Recreation Department Section 2. To amend the General Fund: The revenues are to be changed as follows: 30,2024. expenditures. Account Description Current Approp. Increase/Decrease (+)$14,735 Amended Appropriation $114,735 10-3290-000 Interest Earned $100,000 Section 3. To amend the General Fund: The Expenditures are to be changed as follows: Account Description Current Approp. Increase/Decrease Amended. Appropriation 10-6200-740 Capital Outlay-Equip. $53,060 (+)$14,735 $ 67,795 Section 4. Copies oft this budget amendment shall be furnished to the Clerk, the Governing Board, the Budget Officer and the Finance Director for their direction. Adopted this 4th day of April 2024. Randy L. Baker, Mayor ATTEST: Lauren Evans, Town Clerk Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: SRO Reimbursement Agreement A We have received an updated reimbursement agreement from Harnett County for our School Resource Officer. Harnett County increased our reimbursement threshold in this agreement. The updated agreement will reimburse the Town the full amount that we budgeted for in the current Fiscal Year. In the original agreement the maximum amount was $65,812.00. The new agreement includes a 3% increase in the allotted reimbursement amount at the start oft the each We have also received an amendment to this agreement that has already been approved by Harnett County that would provide a $5,000 bonus to our current SRO. This is the same bonus When we started this program we had two schools in Erwin. Therefore, we had ai need for two School Resource Officers. The two schools were Gentry Primary School and Erwin Elementary. Triton High School has a deputy from the Harnett County Sherriff's Office as the SRO. Harnett County was okay with us to move: forward with this updated reimbursement agreement because subsequent Fiscal Year. that the SRO's with the Harnett County Sheriff's Office received. on page one it only states Erwin Elementary School. FIRST AMENDMENT TOTHE SCHOOL RESOURCE OFFICER PROGRAM REIMBURSEMENT AGREEMENT FOR: ELEMENTARY AND PRIMARY SCHOOLS THIS FIRST AMENDMENT TO THE SCHOOL RESOURCE OFFICER PROGRAM REIMBURSEMENT AGREEMENT FOR ELEMENTARY AND PRIMARY SCHOOLS isi made and entered into as of the 4layofarch 2024 (hereinafter referred to as the "Effective Date"), by and between the Harnett County Board of Education (hereinafter "Board"), the governing body oft the Harnett County Schools (hereinafter "HCS"), the County of Harnett (hereinafter "County") and Town of] Erwin (hereinafter "Town"). WITNESSETH: WHEREAS, the Board and the Town entered into a School Resource Officer Program Memorandum ofUnderstanding Chereinafterreferred to as the MoU)etsticocl,as and WHEREAS, Article V ofthel MOU states that the Board and governing body oft the' Town agree to enter into a separate contract to address the assignment of School Resource Officers (hereinafter referred to as "SRO" or collectively "SROs") to specific HCS schools and payment for SRO services during each fiscal year; and WHEREAS, thel Board, the County, andi the' Town entered intot the School Resource Officer Program Reimbursement Agreement for Elementary and Primary Schools (hereinafter referred to ast the "Agreement"), effective. July 1,2 2023; and reimbursement of SRO services as described in thel MOU. WHEREAS, County agreed to provide funding for the SRO positions to the Board for WHEREAS, the Town agreed to provide one (1) SRO to be placed at Erwin Elementary WHEREAS, the Board, County, and Town desire to provide for a one-time $5,000.00 NOW THEREFORE, in consideration of the mutual promises and consideration herein 1. Article II entitled "Compensation for SRO Services" of the Agreement is hereby School; bonus to SRO's during the FY 2024, encompassing July 1, 2023- June: 30, 2024. contained, the parties hereby agree as follows: amended as follows: Add the: following paragraph: The County shall provideaone-timel bonus offive-thousand dollars ($5,000.00): fort the SRO position identified Article Ic oft the Agreement, independent of the compensation for the annual law enforcement officers performing SRO services. The one-time bonus shall be paid to the Town in two (2) two-thousand five-hundred dollars ($2,500.00) payments, payable upon invoicing by the municipalities at the conclusion of each semester of the 1 2023-2024 academic year. The one-time bonus of $5,000.00 shall be excluded in calculating the 3% annual increase in compensation to municipalities for law enforcement officers performing SRO: services. 2. All other terms oft the. July 1,2 2023 Agreement will remain unchanged. IN WITNESS WHEREOF, thej parties hereto, through their duly authorized representatives or officers, have executed this First Amendment to the School Resource Officer Program Reimbursement Agreement for Elementary and Primary Schools as oft the Effectivel Date: HARNETT COUNTY BOARD OF EDUCATION Chair ATTEST: COUNTY OF HARNETT Allar Mous William Morris, Chairman Harnett County Board of Commissioners ATTEST: o Cppso Melissa Capps, Clerk TOWN OF ERWIN Randy L. Baker, Mayor ATTEST: Lauren Evans, Town Clerk 2 SCHOOL RESOURCE OFFICER PROGRAM REIMBURSEMENT AGREEMENT FOR ELEMENTARY AND PRMARY SCHOOLS This Reimbursement Agreement (hereinafter "Agreement") effective July 1, 2023 is made and entered into by and between the Harnett County Board of Education (hereinafter "Board"), the governing body of the Harnett County Schools (hereinafter "HCS"), the County of Harnett (hereinafter "County"), and the Town of] Erwin (hereinafterreferred to as the' "Town"). WITNESSETH: WHEREAS, the Board and the Town entered into a School Resource Officer Program Memorandum ofUnderstanding (hereinafter: referred to as the "MOU") effective October 1,2018; WHEREAS, Article V ofthe MOU states th the Board and governing body of the Town agree to enter into a separate contract to address the assignment of School Resource Officers (hereinafter referred to as "SRO" or collectively SROs") to specific HCS schools and payment for SRO services during each fiscal year; and WHEREAS, the Board and the Town entered into a School Resource Officer Program Reimbursement Agreement for Elementary and Primary Schools (hereinafter referred to as the "MOU)effective October 1,2018; and WHEREAS, the Board and the Town desire to update the School Resource Officer Program Reimbursement Agreement for Elementary and Primary Schools to reflect the actual costs incurred by the Town. NOW, THEREFORE, in consideration oft thej promises and covenants oft the parties herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, thel Board, County, and the' Town dol hereby agree as follows: ArticleI SRO School Assignment The Town shall hire and train law enforcement officers to serve as SROs pursuant to the MOU in each oft the following schools within the Town's limits: 1. Erwin Elementary Between school years and during scheduled holidays, the Town shall have the right to utilize the SROs for non-SRO purposes sO long as such uses do not conflict with any oft the requirements of the MOU. 1 Article II Compensation for SRO Services The County, as part oft the Current Expense Funding made to the Board every fiscal year, shall include eleven-twelfths (11/12) of the yearly allocation, identified below, to be used by the Board to compensate for law enforcement officers performing SRO services during the months The compensation to be paid by County to the Town for reimbursement of the SRO services described int the MOU and for non-SRO purposes during scheduled holidays and between school years shall be set at $74,249.00 per fiscal year, which shall be paid over twelve (12) equal monthly installments over the course oft thei fiscal year in accordance with Article III. The annual compensation paid by the County shall increase by three percent (3%) at the beginning of each subsequent fiscal year. If the total amount of funds expended on the SROs for the then-current term ofthel MOU exceeds the allocated amount for the current fiscal year, the' Town shalll be solely responsible for the excess expenditures of the SRO's services, unless the agreed upon in writing Att the conclusion oft the academic year, the County will invoice the Board for all expenses that school is in session. by the County. incurred for SRO activities. Article III Invoices for SRO Services Inorder tor request payment, the Town shall submit monthlyi invoices tot thel Harnett County Sheriff's Office (hereinafter referred to as "HCSO") describing the applicable charges, including identification of personnel who performed the services, the date the services were performed, the school at which the SRO performed the services, and reimbursable expenses, ifa any. If the invoice contains expenditures for non-SRO purposes during a scheduled. holiday, thei invoice shall identify the type of services performed by the SROs. Prior to submission of invoices to the Board, the HCSO shall verify them for accuracy within five business days ofreceipt. Once verified, County shall process and pay invoices within 30 days ofreceipt. Article. IV Term and Termination of Agreement The term of this Agreement shall begin on July 1, 2023 and end on June 30, 2026 (the "Initial Term"), unless terminated earlier as herein provided. At the expiration ofthe Initial Term, this Agreement shall automatically renew for successive one (I) year terms upon the renewal of thel MOU, unless any ofthe parties provide at least 30 days' written notice ofitsi intent tot terminate This Agreement may be terminated by any party, with or without cause, upon 90 days' written notice to the other parties. However, this Agreement shall automatically terminate without notice upon the termination of the MOU. If at any time this Agreement is terminated during the Initial Term or any subsequent term of the MOU, the parties shall negotiate and execute a new agreement that is compliant with. Article V or any amendment thereof prior to the termination date ofthis Agreement, unless any amendment oft thel MOU no longer requires such an agreement. prior to the expiration oft the then-current term. 2 Article V Notice Any notice, consent, or other communication in connection with this Agreement shall be in writing and may be delivered in person, by mail, or by facsimile transmission (provided sender confirms notice by written copy). Ifhand-delivered, the notice shall be effective upon delivery. Ifby facsimile copy, the notice shall be effective when sent. Ifserved by mail, thei notice shall be effective three business days after being deposited in the United States Postal Service by certified mail, return receipt requested, addressed appropriately to the address set forth below: Tol Board: Harnett County Schools Attention: Superintendent 1008 South 11" Street Lillington, North Carolina 27546 To County Brent Trout County Manager Post Office Box 759 Lillington, North Carolina 27546 With copy to: Christopher. Appel Senior County Staff. Attorney Post Office Box 238 Lillington, North Carolina 27546 ToTown Snow Bowden Town Manager 100 WI F Street Erwin, NC28339 3 Article VI Miscellaneous Provisions 1. Relationship of Parties. The parties to this Agreement shall be independent contractors, and nothing herein shall be construed as creating aj partnership or joint venture; nor shall any employee of the parties be construed as employees, agents, or principals of any other party to this Agreement. Each party agrees to assume the liability for its own acts or omissions, or the acts or omissions of their employees or agents, during the term of this Governing Law: Venue. This Agreement shall be governed by the laws of the State of North Carolina. The venue fori initiation ofa any such action shalll bel Harnett County, North Amendments and Modifications: Additional Policies and Procedures. This. Agreement may be modified or amended by mutual consent of the parties as long as the amendment is Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating Severability. In the event that any provision of this Agreement shall be invalid, illegal, or otherwise unenforceable, the validity, legality, and enforceability of the remaining Agreement, to the extent permitted under law. 2. Carolina Superior Court. 3. executed in the same fashion as this Agreement. 4. tot the: subject matter oft this Agreement. 5. provisions shall in no way be affected or impaired thereby. 6. No Third Party Benefits. There arei no third-party beneficiaries to this Agreement. Nothing in this Agreement shall create or give to third parties any claim or right of action against Counterparts. This Agreement may be executed: in one or more counterparts, each ofv which shall be deemed an original, but all of which taken together constitute one and the same E-Verify: All parties shall comply with the requirements of Article 2 ofChapter 64 of the North Carolina General Statutes, "Verification of Work Authorization," and will provide documentation reasonably requested by any party to this Agreement demonstrating such the parties. 7. instrument. 8. compliance. IN WITNESS WHEREOF, the parties hereto caused the Agreement tol be executed on their behalves. 4 HARNETT COUNTY BOARD OF EDUCATION Chair ATTEST: COUNTY OF HARNETT blMea William Morris, Chaimhan Harnett County Board of Commissioners ATTEST: ue Cep) MelissaCapps, Clerk TOWN OF ERWIN Randy L. Baker Mayor ATTEST: Lauren Evans, Town Clerk 8948 MINUTES CONTINUED FROM MARCH L 25, 2024 Mayor Baker asked ifthe SRO would directly receive the bonus. Town Manager Snow Bowden clarified that the money would come to the Town and would be paid through payroll. We would need to do al budget amendment, ifapproved, to approve the Commissioner Byrd asked if the entire amount ofthe $74,000 comes to the' Town. Town Manager Snow Bowden explained that the amount covers the base salary, as well as any increase. benefits, such as health insurance. Commissioner Byrd asked ift the SRO was at the school 100% oft the time. Town Manager Snow Bowden explained that when school is open, yes, but when school is not open, he is doing administrative tasks and helping cover additional police duties. This is the maximum amount that the county would reimburse us. We do submit invoices to Harnett County for the reimbursements. This is a great program that is a great benefit for the Town. The consensus of the Board was toj place this item under Consent on the agenda for our Regularly Scheduled Meeting in April. ARP Grant Project Ordinance Town Manager Snow Bowden informed the Board that this item is aj proposed amendment to the existing Grant Project Ordinance. Under the interim guideline rules, the Town purchased ai new street sweeper for $227,546.00. Under the final ruling, wel have used all the additional revenues for revenue replacement. This is a standard change to be in compliance with thel Federal The consensus of the Board was to place this item under Consent on the agenda for our guidelines. Regularly Scheduled Meeting in April. Storm Water Grant Project Ordinance Town Manager Snow Bowden informed the Board that this Ordinance would bei to adopt a budget for the project. The Town is still waiting to get al letter from the State with the intent of funds. The Grant is for $500,000.00 but there are some changes to the amount, SO the amount would be $485,000.00, because that 1.5% does not cover administration costs. Once we get the letter ofintent, the Town is planning toj put out an RFQ to get an engineer to update the The consensus of the Board was to place this item under Consent on the agenda for our Stormwater Plan. Regularly Scheduled Meeting in April. Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: Thel Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: ARP Grant Project Ordinance We needed toi make a few updates to our existing grant project ordinance for the funds from the American Rescue Plan. As ai reminder, we decided to use the funds for revenue replacement after the final ruling came out on how the funds could be used. We did purchase aj new street sweeper under the interim guidelines before the final ruling on how the funds could be used was issued. TOWN OF ERWIN P.O. Box 459. Erwin, NC 28339 Ph: 910-897-5140- I 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 William R. Turnage Amendment to Grant Project Ordinance ORD 2021-2022:001 David L. Nelson Town of Erwin Funds American Rescue Plan Act of2021: Coronavirus State and Local Fiscal Recovery ORD2021-2022:001 Amendment BEI IT ORDAINED by the Town council oft the Town of Erwin, North Carolina that, pursuant to Section 13.2 of Chapter 159 oft the General Statutes ofNorth Carolina, the Section 1: This ordinance is to amend a budget for the project funded by the Coronavirus State and Local Recovery Funds ofH.R. 1319. American Rescue Plan Act of2021 (ARP/CSLFRF). The Town of] Erwin (Town) has received tranche one on. July 13,2021 int the amount of $821,602.01 and tranche two on July 22, 2022 in the amount of $821,602.01 ofCSLFRF funds. The total allocation is $1,643,204.02. These funds will be used for the following categories ofe expenditures, to the extent authorized by state law. 1. Under Interim Rule, purchased a Street Sweeper, allowable due to Clean Water Revolving Fund Storm water. Project approved list. This equipment allows the Town to ensure roads are cleaner in the Town, sO storm water from the roads 2. Revenue Replacement to cover Government Services such as bank charges to establish new checking account and to allocate funds for Salaries and benefits, per Section 2: The Town has elected to take a standard allowance, as authorized by 31 CFR Part 35.6(d)(1) and expend all its ARP/CSLFR funds for the provision of government following revised grant project ordinance is hereby adopted: going into ditches are less contaminated with pollutants. department. services. Section 3: The: following amounts are appropriate for the project and authorized for expenditure: Internal Project Description Appropriation Project Description ARP/CSLFRE Code 001 002 Expenditure Category (EC) Cost Object of Funds Street Sweeper Administration Services for July 1, 2021- December 2024 Planning Services for. July 1,2021- December 2024 Police Services for. July 1,2 2021- December 2024 Public Works-Admin. Serviçes for. July 1, 2021- December 2024 Public Works-Street Services for. July 1,2021- December 2024 Public Works-Sanitation Services for. July 1, 2021 - December 2024 Parks & Recreation Services for. July 1,2021- December 2024 Bank Charges TOTAL $1,643,204.02 6.1 6.1 Equipment $227,546.00 Salaries5233,226.24 003 6.1 Salaries$ 72,099.59 004 6.1 Salariess714,496.02 005 6.1 Salaries$ 70,774.97 006 6.1 Salariess140,887.62 007 6.1 Salaries$ 42,464.98 008 6.1 Salariess141,549.92 009 158.67 6.1 Admin $ Section 4: The following revenues have been received and available to complete the project: ARP/CSLFRTFunds:S1,643,204.02 Section 5: The Finance Director is to maintain sufficient specific detailed accounting records to satisfy the requirements of the grantor agency and the grant agreements, including payroll documentation in accordance with 20 CFR 200.430 &20 CFR 200.431. Section 6: The Town Manager is hereby directed to report the financial status oft the Section 7: This Amended Grant Ordinance shall be entered into the minutes oft the Board after adoption and copies furnished to the' Town Manager, Finance Director and to the Section 8: This Amended Grant Project Ordinance expires on December 31, 2026, or when all the ARP/CSLFRF funds have been obligated and expended by the Town, project to the governing board on a quarterly basis. Clerk to Town Council. whichever occurs sooner. Adopted this 4th day of April, 2024 Randy Baker Mayor Attest: Lauren Evans Town Clerk Mayor Patsy M. Carson Mayor Pro' Tem Randy L. Baker Commissioners William R. Turnage Thurman E. Whitman Ricky W. Blackmon Melinda Alvarado TOWN OF ERWIN P.O. Box 459-Erwin, NC28339 Ph: 9109/3HP-F90873S0 www.erwin-nc.org A GRANT PROJECT ORDINANCE FOR' THE TOWN OF ERWIN Alvester L. McKoy AMERICAN RESCUE PLAN ORD: 2021-2022: 001 BE IT ORDAINED by thel Board of Commissioners ofthe' Town of Erwin, North Carolina that pursuant to Section 13.2 of Chapter 159 oft the General Statutes ofNorth Carolina, the following Section 1. This project is authorized for any project that is authorized to be completed with Grant Project Ordinance is hereby adopted: the funds in the American Rescue Plan. Section 2. The following revenues are anticipated to be available to complete the project: American Rescue Plan Initial Allotment $755,000 American Rescue Plan Second. Allotment $755,000 Total $1,500,000 Section 3. The following expenditures are expected tol bei incurred during this project. That will require additional approval from the Board ofCommissioners of the Town of Erwin, North Carolina. Contracted Services $755,000 Miscellaneous Expense $755,000 Total $1,500,000 Section 4. Thel Finance Director is hereby directed to maintain within the Grant Project Fund sufficient specific detailed accounting records to provide the accounting required by any financing agreement associated with this project and/or State and Federal Regulations Section 5. The' Town Manager is hereby directed to report quarterly on the financial status of each project element and on the financial status of each project element and on the total revenues received or claimed. Section 6. The Grant Project Ordinance shall be entered into the minutes oft the Board after adoption and copies thereof shall be filed with the Town Clerk. Adopted this 28t day of June 2021. DhCaha Patsy Carono Mayor ATTEST: Evans dhukin Lauren Town Clerk Guonz Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable! Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: Storm Water Grant Project Ordinance We have submitted all the requested documentation to the State ofNorth Carolina. We are waiting to receive a letter ofintent to fund the project from the State of North Carolina. Once we receive that letter we will put out an RFQ to find an engineering firm to help us with this project. There is al lot ofi interest in this project. The plan with this grant ist to create a storm water management plan by mapping our storm water system. TOWN OF ERWIN P.O. Box 459. Erwin, NC: 28339 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 DavidL. Nelson William R. Turnage Storm Water Grant Project Ordinance ORD: 2023-2024: 008 Town ofl Erwin Storm water Management NCDEQ - Division of Water Infrastructure S.L. 2023-134 Water/Sewer Directed Projects BE: IT ORDAINED by the Town council oft the Town of Erwin, North Carolina that, pursuant to Section 13.2 of Chapter 159 oft the General Statutes ofl North Carolina, the Section 1: This ordinance is to adopt a budget for the project funded by the NCDEQ Division of Water Quality, Division of Water Infrastructure for S.L. 2023-134 Water/Sewer Directed Projects. The Town of Erwin (Town) will receive the amount of $485,000 for a storm water Management Plan. These funds will be used for the following category of Engineering Cost: Engineering Design $485,000. to the extent Section 2: The following amounts are appropriate for the project and authorized for following grant project ordinance is hereby adopted: authorized by statel law. expenditure: Project Budget Funding. Amount Total Cost Amount From S.L. 2023-134 $485,000 Engineering Cost/Design $485,000 Section 3: The following revenues will be available to complete the project: NCDEQ, Division of Water Infrastructure Funds: Adopted this 4th day of April 2024 $485,000 Randy Baker Mayor Attest: Lauren Evans Town Clerk 8949 MINUTES CONTINUED FROM MARCH 25, 2024 Historical Bench Program Town Manager Snow Bowden presented the proposed program toj preserve the Town's history. There would be a committee that would be comprised of members from the Historical Society, Chamber ofCommerce, Planning Board, Lions Club, a' Town Resident, and a' Town Staff member. The benches would bej placed in various parts oft the Town that have historical significance. Thel benches would be sponsored in honor of family members and residents of Erwin who have passed away. There would be ai requirement for background checks to ensure the Town is being represented well. Commissioner Byrd asked what the cost oft thel benches would be. Town Manager Snow Bowden stated that the approximate cost would be around $1200.00 per Mayor Baker stated that the benches would be covered by donation at no cost to the' Town, other than the maintenance oft the grass. He thinks iti is aj program that represents Town History and pridei in Erwin. The Committee would have aj pre-approved design for each area ofhistorical significance, and then the donations would pay for that bench. The bench would have a small Town Attorney Tim Morris said hei recommends that there are specific guidelines for the membership oft the committee, such as residency. He also said he supports the background Commissioner Turnage said he was approached by ai resident who had been asking about placing al bench at the Rail Trail. He asked if we would have an issue with putting benches along the Town Manager Snow Bowden answered that because the Rail Trail is Harnett County property, The consensus of the Board was to place this item under Consent on the agenda for our bench. plaque next toi it with the honoree's name onit. checks. trail. we would have to have permission from them before placing the benches. Regularly Scheduled Meeting in April. Community Building Renovation Town Manager Snow Bowden stated that we' 'vel had al hard time getting bids for the Community Building Renovation. We'vec only gotten one quote for $89,000.00. This would include taking out a wall in a closet, expanding the women's bathroom, and making the bathrooms ADA compliant. Our last bid was $100,000.00, sO this quote is better than expected and is within the budgeted amount. Commissioner Byrd asked what all this quote includes. Town Manager Snow Bowden said this would include tile, fixtures, paint, flooring, moving Mayor Baker stated that this is grant funding we received from Representative Penny. plumbing, lighting, and sinks. 8950 MINUTES CONTINUED FROM MARCH 25, 2024 Regularly Scheduled Meeting in April. The consensus ofthe Board was to place this item under Consent on the agenda for our Town Attorney Tim Morris exited the meeting at 6:18p.m. Al Woodall Park Gym Roof Town Manager Snow Bowden presented quotes to replace the existing metal roofwith ai new metal roof. Thei new roof will not have the skylights that are currently in place. We did only budget $60,000.00 for this project, and willl have to do al budget amendment to cover the NKS Contracting came: in with a quote of $79,851.59, and Pope Builders came in with a quote of Mayor Baker asked ifthe quotes cover the same items, since onei is SO detailed and onei is pretty Town Manager Snow Bowden said hel has been assured by Parks and Recreation Director Doug Commissioner Byrd stated he would like to see a comparison oft the contractors and get a more The consensus of the Board was to bring this item back to the Workshop in June. additional costs. $73,750.00. Both builders are somewhat local and do good work. basic. Stevens that the quotes cover the same items. detailed quote from Pope Builders. Red Hill Church Road Preliminary Plat Town Planner Dylan Eure presented aj proposed Major Subdivision off Red Hill Church Road, which would be within the Erwin ETJ. This is for Harnett County Tax PIN 1507-47-5272 and is for 12 SFD to bel built. It will include a new NCDOT road being built and then turned over to There would be a number of required improvements, such as soil and water erosion, construction ofroad standards, and Harnett Regional Water updates. Currently there are: issues with water pressure in that area. The Fire Marshall requires 500gpm and the current readings are only at 404gpm. HRW1 has plans inj place to upgrade to meet minimum requirements. The developer has stated that they are willing to make upgrades to meet those requirements as well. Mayor Baker asked ift the proposed plans meet or exceed our preliminary guidelines. Town Planner Dylan Eure stated that yes, they do, and that they have aj planned cul-de-sac for emergency services turnaround. This would have to meet NCDOT requirements. Town Engineer Bill Dreiztler stated that NCDOT would review the plans for the roadway and NCDOT. once approved, would submit a letter of Roadway Design. Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: Historical Bench Program The Town would like to undertake a project to improve the appearance ofthe community, and find a way to show off and preserve our rich history with a Historical Bench Trail". The proposed plan calls for benches to be placed in certain areas that can be placed in memory ori in honor of someone. The proposed plan calls for benches that are similar to the bench that was placed in front oft the Erwin History Room for Aiden Johnson' sl Eagle Scout project. The proposed benches would not be as detailed as that bench. They would have one design on them per bench. Each design would be determined and approved by Town Staff. The placement of each bench will be near the area that the design is in honor of. As an example, al bench in honor of the Erwin Mill would be placed near the site oft the Central Carolina Industrial Park (the Some oft the proposed locations would require the Town to obtain permission to place the bench. The proposed plan calls for people to make donations to cover the entire cost of each bench. There would be no cost to the Town. There is a similar program ini the Town of Wake Forrest, NC that has been successful. The benches would be made and installed by R&M Metal Works. former site oft the Erwin Mill). R&M Metal Works is a company located in the Town ofl Erwin. Erwin Historical Bench Committee Background, Purpose, and Guidelines Background: The Town of Erwin has been an area of rich history since its inception in 1903 under its former name of Duke. Since then many changes and evolutions have taken place to produce what Erwin ist today. Even though many things have changed throughout the community of] Erwin the importance of its history has not. Citizens of] Erwin enjoy their deep ties to the area and what their ancestors did in order to create what the town is today. Therefore citizens shall have the ability to donate and give back to the history ofl Erwin for all to enjoy and learn from. It has been deemed that benches shall be placed in areas ofl historical significance provided by donations from the public in order to cement Erwin's deep historical roots and tol honor loved ones who have provided much for the town. Purpose and Composition: The purpose of the Historical Bench Committee is to () designate locations to be significantly historical for benches to be placed, (ii) approve design ofb benches placed, (ii) approve name plate if purchased (iv) oversee the historical bench project, (v) ensure funds received for benches are being used solely for the building and installing of benches, (vi) report any damage that can be seen to be fixed if feasible. Composition oft the committee shall be made of 2n members oft the Erwin Historical Society 1member from the Erwin Board ofCommissioners In member from the Erwin Area Chamber of Commerce 1member of the Erwin Planning Board 1 member from the Erwin Lions Club lat-large resident living in Erwin 1Town Staff member Meetings: The Historical Bench Committee shall meet once every quarter to discuss any relevant updates on any potential sites for benches, progress ofinstallation ofb benches, design oft benches and any other business relating to the Historical Bench Committee. Duties and Responsibilities: Erwin's Town Manager or their designee willl be responsible for handling bench request and possible locations to be approved by the board The Town of Erwin shall be responsible for the handling of funds donated by the public The Erwin Historical Bench Committee shall reserve the right to deny certain language or quotes on any memorial plaques ift they are deemed to be profanity or indecent. being used for the purchasing and installation ofbenches. Design of] Benches: Iti is the purpose oft the Erwin Historical Bench Project to install benches that are designed tor memorialize locations of historical significance to the Town's original founding, along with significant character defining locations. All designs on benches shall be in agreement with the location in which they are placed. List of] Designated Sites: Next to Erwin Fire and Rescue Department Near the gazebo on the Central Carolina Industrial Park Bench to memorialize the Erwin Fire and Rescue Department Bench to memorialize the mill First block of East H Street (two benches on the Dunn-Erwin Rail Trail) Bench to memorialize the first bank in] Erwin and the Old Park Center Bench on the fourth block of] East H: Street (near Good Hope Hospital) Bench to memorialize Good Hope Hospital Bench near East F Street and Erwin Elementary Bench to memorialize Erwin High School Bench near Presbytery of Coastal Carolina Bench near Cape fear River Park Bench near Police Department Bench to memorialize one ofthe first churches of] Erwin Bench to memorialize the Riverview Airport/ Erwin Airport/original bridge Bench to. Memorialize those who have served in the armed forces and those who have served in the police department Policies for Benches Donor will be responsible for 100% of the cost oft the bench/installation. Duplicate bench designs will: not be allowed. Donors cannot design their own bench. orl his designee for their consideration. oft the bench including the installation oft the bench. Ifaresident has a suggestion for al bench design, they can submit it to the Town Manager Thej person or business owner that makes the donation will be required for the full costs Bench locations will be predetermined by the Town of] Erwin Staff and thel Historical Benches shall be placed in locations oft town that are considered to be historically significant" by the Town Board or their designated appointee(s). The design on each bench will be predetermined by Town of Erwin Staff and the Historical Bench Committee based of the historical location in which it will reside. Att the donor's option, the name of the loved one (or business name) may be Bench Committee. memorialized with a small plaque next to the bench. Ex: This bench was donated by inl honor/memory of Name on plaque shall require a background check prior to bench placement. Noi inappropriate language nor lyrics shall be posted on the plaque. Non-perishable items such as photos, plastic flowers and beads are: not permitted and The' Town of Erwin will make every reasonable effort to maintain the benches but will Att the Town's discretion, the town may make repairs to the bench iff feasible. But are not The' Town of] Erwin reserves the right to remove or relocate a bench if the' Town Benches will be placed as donations for benches are received in complete amount and designated builder ofs said benches are complete with the building of said bench and has shall be removed. not be responsible for acts of nature, damage or vandalism. required to replace or repair any damaged benches. determines that removal is ini its best interest. been approved by the Historical Bench Committee. Town of Erwin Historical Bench Naming Rights Application First Name Last Name Address City/State/Zip Home Phone Email Cell Phone Would you like to have a name memorialized on a plaque next to the bench? Yes No Would you be willing to have a background check performed for the name on the plaque? Yes, Iwould be willing to have a background check preformed for the name of the individual on the memorial plaque. No, Iwould not be willing to have a background check preformed for the name of the individual on the plaque. Name ofindividual or organization: Historical location chose Plaque message 5 & - & E / L - O L L - Z 2 N ) A Y S I - a NN - 0 & M - Z C - a - - S > L 9 EE A - 3 O L a - m - le 5 5 f 5 @ o 2 TOWN OF ERWIN P.O. Box 459. Erwin, NC: 28339 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 RESOLUTION ESTABLISHING THE ERWIN HISTORICAL BENCH COMMITTEE April4",2024 WHEREAS, the Town ofl Erwin has been rich in history since itsi inception in 1903 under its former name of Duke Township andi its official incorporation in 1967 under the name of Erwin; and WHEREAS, since the Town'si inception and incorporation many changes have taken place to create what WHEREAS, iti is the belief of Citizens that they should be allowed toj purchase benches to bei installed within areas of historical significance through solicitation oft the Town of Erwin; and WHEREAS, iti is the belief of thel Erwin Board of Commissioners and' Town Staff that locations of historical significance to the' Town be memorialized to preserve its rich] history and to retain its character through growth and development to continue share Erwin's deep historical roots. THEREFORE, the Erwin Historical Bench program be established to memorialize historical locations THEREFORE, the Erwin Historical Bench Committee be established toi manage: requests and locate THERFORE, BEI IT RESOLVED that the recommended policies and guidelines be adopted and enacted in regards to1 thel Erwin Historical Bench Program to ensure that historical locations within the Erwin is today ati its current state; and within' Town to help preserve its rich character and culture. areas ofhistorical significance for the) Historical Bench Program. Town of Erwin are celebrated and remembered for generations to come. ADOPTED, this the 4th day of April, 2024. ATTEST: Randy Baker Mayor Lauren Evans NCCMC Town Clerk Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: Community Building Renovation We havel had al hard time trying to get bids to complete this project. We have reached to other firms and wel have not had any interest in the project. The last quote that we had on this project was over $100,000.00. We have a quote to complete the renovations oft the bathrooms at the Erwin Community Building. The quote is for $89,000.00. The quote is from a creditable company that should do a good job. This quote is within the budgeted amount for this project. We should be able to complete some other minor improvements such as painting the building and fix the crown molding as well once we get the bathrooms renovated. Kevin Tyndall Builders, Inc. 1014 West Corel Road Dunn, NC2 28334 Phone # (910)237-4237 Estimate Estimate # 3838 Date 3/7/2024 yndallbulldersemparqmat.com Town of] Erwin Supervisor Community Building Qty Project Community Building Total Description Erwin Community Building Bathroom Remodel Demo Including removing all tile, concrete floor, block wall and Plumbing Toi include removing all drain lines, water lines. Replacing Install wiring as needed on walls removed including new lights, Install new masonry walls as needed to enlarge bathroom and handicap fixtures Dispose of all debris with new lines and all new fixtures Repour concrete floor heaters, etc. accessories. Install new bathroom stall: surrounds Install new vanities, sinks, etc Install new tile floor Paint to customers preferences Material andl Labor 89,000.00 Total $89,000.00 Erwin Board ofCommissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25,2024 Subject: Al Woodall Park Gym Roof We have two quotes to replace the roof on the gym at Al Woodall Park. We want to replace the existing metal roofwith a new metal roof. Both quotes also include: replacing the insulation that is under the roof. The proposed new roofwill: not have skylights in it like the current one has. In the current budget, we included: funds of $60,000.00 to complete this project. We have funds that we could transfer ini the current budget to complete this project. 03/08/2024 Claim Information NKS Contracting LLC 390 Bumpas Creek Access Dunn, NC 28334 Phone: 919-701-6504 Company Representative J.D. Hartman Phone: (910)984-7699 hanman@nacontadingcon Erwin Park GymF Roofs and Gutter Replacement Estimate Doug Stevens Erwin Parks 810: South 16th Street Erwin, NC 28339 (910) 985-0844 Gym Main Roofing Section Install new: 3"i insulation with white coatingi inside. Clean up and haul off allj job relatedo debris. Our crews arel licensed andi insured. Job: Doug Stevens Remove existing roofing metal andi insulation down tot the metalf framing ont the gym main roof. (Skylights arer nott tol bei installed onr new roof.) Install new Union Corrugating 24 gauge PBR metalr roofing system. Allp panels, trim pieces and sealants needed arei included. (Color- Patriot Red) -Five) Yearl LaborV Warranty, Union Corrugating 40) Year Paint Warranty and: 25 Year Metal Substrate' Warranty Included. Crews will maintain alls safety requirements duringt the construction process, Duet tot the steadilyi increasing price ofr materials, this estimate is only good for 30 days. Qty Unit 2079.00 LF 20.00 EA 13.00 EA 33.00 EA 9.00 BX 5.00 BX 66.00 EA 62.00 RL 12.00 EA 3.00 EA 1.00 EA 61.75 SQ 1.00 EA 2.00 EA 1.00 EA $68,169.20 PBR Roof Panels RPOB DripE Edge Trim RP10 Sculpted Rake Trim PBRI Panel Formed Ridge Cap 1.5" Ultimate Self Tapping Screws 1/4" rivets PBRI Inside Closure Strips Buty!" Tape- Double Bead- 7/8" Urethane Caulking- - Clear Touch Up Paint-. .6oz Material Shipping Other- Dump! Fees Scissor Lift Rental R-11 Eco-Touch Fiberglass Faced Insulation System Labor- Remove and Replace Metall Roofing and Insulation Concessions /Bathrooms Roofing Section Remove existingr roofing metal down to the roof decking ont the concession/ bathroom: area. Re-nail any loose wood. Ifbad or rotten woodi is discovered, itwill ber replaced ataa additional price of$ $70 pers sheet. 2p pieces of plywood/OSB included atr no chargei ifn needed. Installr new synthetic underlayment existingy walli flashing. (Color- Patriot Red) Install new fasciat trim. Clean up and haul offa allj job related debris. Ouro crews arel licensed andi insured. Install new Union Corrugating 26 gauge Master Rib metal roofing system. All panels, trim pieces and sealants needed are included. Reuse the -Five' Yearl Labor Warranty, Union Corrugating 40) Year Paint Warranty and: 25) Year Metal Substrate' Warranty Included. Crews will maintain alls safety requirements duringt the construction process. Duet tot thes steadily increasing price of materials, this estimate is only goodf for 30 days. Qty Unit 276.57 LF 9,00 EA 4.00 EA 9.00 EA 3.00 BX 1.00 BX 1.00 RL 3.00 EA 2.00 EA 2.00 RL 13.00 EA 30.00 EA 1.00 BX 1.00 BX 1.00 RL 1.00 EA 7.00 SQ 1.00 EA $6,172,62 26 Gauge Master Ribl Panels FT026 6"T style Drip Edge PF01 Ridge Cap7 Trim PF195.25" LFascia 1.5" Ultimate Wood Screws 2" Ultimate Wwod Screws Butyl Tape- Double Bead- 7/8" Urethane Caulking- - Clear MF3 Pipe Boot Universal Closure 50' MR Outside Closure Strip MRI Inside Closure Strip Electro Galvanized Roofing Nails- -11 1/4" (10lb) Stainless Steel Triml Nails- 11 1/4"(1lb) Repel Synthetic Underlayment- -10sq Touch Up Paint-. 6oz Other- - Dump Fees Labor- Remove and Replace Master Rib Metal Roofing System Main Building Gutter Section Remove the existing gutters and downspouts from the main gym building. Install new Union Corrugating 26 gauge 6" Ds style commercial gutters. (Color Black) Install new2 26 gauge: 3"x4'd downspouts. (Color- Black) Clean up and! haul offa allj job related debris. Ouro crews arel licensed and insured. Crews will maintain all safety requirements during the construction process. -Due tot thes steadily increasing price ofr materials. this estimate Isc only good for 30 days. Five' Year Labor Warranty, Union Corrugating- 40 Year Paint Warranty and: 25) Year Metal Substrate Warranty Included. Qty Unit 20.00 EA 2.00 EA 2.00 EA 11.00 EA 6.00 EA 4.00 EA 102.00 EA 2.00 BX 1.00 BX GT066 6" D-style Gutter GT06 Gutter End Cap- Right GT06 Gutter End Cap- -Left DS343 3'x4" Downspout 3'x4" Square Outlet" Tube DX01 Gutter Strapping 6"H Hidden Gutter Hanger Stainless Steel Rivets 1"Self Tapping Screws Urethane Caulking. Clear Touch Up Paint-.6oz 6.00 EA 1.00 EA 283.00 LF $4,977.17 $79,318.99 $532.60 $79,851.59 Labor- Remove and Replace Commercial Gutters and Downspouts Subl Total Tax TOTAL Company Authorized Signature Customer Signature Customer: Signature Date Date Date POPE BUILDERS REPANN-CDASEN KENOWATIONS Erwin Park Gymnasium 810 South 16th Street Erwin, NC28339 Remove existing roof metal, as well as insulation Install 4" R13 (WMP-VRR) Faced insulation Install 24 ga. PBR Union metal roofing system on the main structure Install 26 ga. multi-ribbed metal on the rear of structure (this is on the back ofthe building over the concession stand and restrooms) Install commercial box gutters & downspouts on main structure 5yrl labor warranty included All debris to be hauled away Provide all permits as needed All work completed by Licensed North Carolina General Contractor #79853 Total: $73,750 11F Page TOWN OF ERWIN P.O. Box 459. Erwin,] NC: 28339 Phone: 910-897-5140- Fax: 910-897-5543 www.erwin-nc.org 03252024 Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd William R. Turnage Red Hill Church Major Subdivision David L. Nelson Memorandum Subdivision Description The Town of Erwin has received and preliminary major subdivision plat for 12 single- family homes zoned as RD (Rural District) to be built off ofRed Hill Church Road located by its Harnett County Tax Pin 1507-47-5272 by the applicant Long Land Development. Said subdivision is within the Town of Erwin's Planning Jurisdiction and approximately .6 ofar mile north of the Town's corporate limits and is 8.13. acres in size. Homes on said subdivision will have lot sizes varying from 25,000 Sq. Ftto 30,000 Sq. Ft. To access the said subdivision the developer intends to build ai residential street built to NCDOT road standards and be later turned overt to NCDOT for the maintenance of the road. Prior to the naming of the street and final plat submission the developer must ensure that there are. no other roads sharing the same name within According to. Harnett County GIS both watershed HUC8 and HUC12 go through the south ofthe property. Prior to the issuance oft the final plat, aj permit from North Carolina Department of Environmental Quality. Along with receiving approval from NCDEQ in regards to storm water due to the project being over 1 acre. Due to the fact that seweri is not accessible to the property all homes to be built must be on their own septic tank, which has already been approved by a the Town through Harnett County. licensed soil scientist. Regulation Per The Erwin Code of Ordinances subdivision section, along with RD: zoning classifications all requirements for preliminary plats have been met and the produced residential lots are compliant with all RD zoning regulations including lot size, required frontage, and width. Required Improvements Prior to the: final plat being submitted the applicant must show that they have made all of the required improvements per Erwin'ss subdivision ordinances, meet all RD zoning regulations, and obtain the proper permits from affiliated agencies. Upon submission oft the final plat the Town of Erwin Permit # Zoning Application & Permit Planning & Inspections Department Revs Sep2014 dimensions. City, State, Zip Telephone Email Each application should be submitted with an attached plot/site plan with they proposed use/structure: showing lot shape, existing andj proposed buildings, parking and loading areas, access drives and front, rear, ands side yard Name of Applicant HAROLD LONE Property Owner LONG LANO DEN. ue Home Address 9404 NORHTIELD C7. Home Address SAME RAL - NL 2-7603 City, State, Zip HALLONA BAtt.Net Email 919-810-4151 Telephone Address of Proposed Property RED HLL CHtURCE RD. ERWN NC Parcel dentification Number(s) (PIN) 1567-47- 5272.0c0 Estimated Project Cost TBD, 400K thej proposed use of thes subject property? Be specific. REIDOTAL SUBDSioN/2 What is the applicant requesting tol build/whati is Description of any proposed improvements tot thel building or property What was the Previous Use of the subject property? Does thel Property Access DOT road? NES Number of dwelling/structures on thej property already o LoTS Ro4D, COUNTy WA7CR VACANT AGRICLIURE Property/Parcel size 8,13 Acres Floodplain SFHA. Yes VNo Watershed. Yes VNo Wetlands Yes VNo MUST circle one that applies top property ExistingProposed: Septic System) Or Existing/Proposed County/City Sewer Owner/Applicant Must Read and Sign The undersigned property owner, or duly authorized agentirepresentative thereof certifies that this application andt the forgoing answers, statements, and otheri information herewith: submitted: arei in all respects true and correct tot thel best oft their knowledge and1 belief. The undersigning party understands that anyi incorrect information submitted: may result in thei revocation oft this application. Uponi issuance oft this permit, the undersigning) party agreest toc conform to all applicable town ordinances, zoning regulations, andt thel laws oft the State of North Carolina regulatings such work andi tot thes specifications of! plans herein submitted. The undersigning party authorizes the' Town of Erwin! tor review this request and conduct as sitei inspection toe ensure compliance to this application as approved. HAROD LoNK P2i3. Print Name For Office Use Zoning District Front Yard Setback Side Yard Setback 70+ Rear Yard Setback 400t Comments 2122-124 Date Signature 2 or Representative mp 40Pt Existing Nonconforming Uses or Features Requires Town Zoning Inspection(s) Zoning Permit Status Fee Paid: 420 Datel Paid: Other) Permits Required Conditional Use Building Fire Marshal Other Foundation Priorto C.ofO. StaffI Initials: Approved Denied opproDI MQypo Ov0, Relmiony Amng coord/ ONLINELN Signature ofTown Representative: Date Approved/Denied: la nomes to0 Qult. O February 13, 2024 Longland Realty Inc. 9404 Northfield Court Raleigh, North Carolina 27603-9209 Attention: Reference: Mr. Hal Long Report for Detailed Soil/Site Assessment for Septic System Suitability Red Hill Church Road Subdivision Site Erwin, Johnston County, North Carolina Dear Mr. Long: Wel have performed a detailed soil and site assessment on the above referenced property. Our assessment was performed to determine areas ofs soil that have potential for subsurface wastewater treatment and disposal with individual on-site wastewater (septic) systems as part oft the preliminary planning process for aproposed single-family residential subdivision. -- Background Information The site is located on the south side of Red Hill Church Roadi in Erwin, Harnett County, North Carolina, is approximately 8.46-acres in size, and is further identified by Harnett County PIN: 1507-47-5272." The site is depicted on the attached U.S. Department of Agriculture (USDA) Soil Conservation Service (SCS) Harnett County Soil Survey Exhibit (Figure 1), U.S. Geologic Service (USGS) Topographic Exhibit (Figure 2), and 2021 Color Aerial and Topographic Exhibit (Figure 3). Scope of Services In order to perform the detailed site and soil assessment, the site was traversed and the landscape was observed (slope, drainage patterns, past use, etc.) as well as soil conditions (depth, texture, structure, seasonal wetness, restrictive horizons, etc.) through the use of hand auger borings. The site was evaluated during dry: soil conditions. From these observations, a detailed evaluation of the site was developed, relative to subsurface treatment and disposal of wastewater. The soil/site evaluation criteria used is that contained in 15AI NCAC 18A.1900 "Laws and Rules for Sewage Treatment and Disposal Systems". Numerous hand auger borings were made throughout the site, were flagged in the field, located witha GPS receiver and are shown on the attached Soil Assessment Exhibit (Figure 4). The "Red Hill Church Road Subdivision Soil Data" table on the attached Figure 4 lists the auger boring location number, the subsurface horizon texture, the depth to the seasonal high water table (SHWT), and the recommended long term acceptance rate (LTAR). Report for Detailed Soil/Site Assessment for Septic! System Suitability Red Hill Church Road Subdivision Site Erwin, Johnston County, North Carolina - Findings The areas with red soil borings that are numbered on the attached Figure 41 represent areas that are potentially suitable and contain soils with predominately sandy clayt textured subsurface horizons. These areas have a minimum of 24 inches to SHWT indicators and a minimum of 36i inches to unsuitable soil Itshould be noted that clay textured soils belong to Soil Group IV classification and are provisionally suitable with regard to soil texture, and the recommended long-term acceptance rate is 0.25to0.3 structure and are: similar to the Marlboro soil series. gallons/day/square feet (gpd/ft?). Regulatory Considerations Soils greater than 24 inches deep to unsuitable characteristics may be considered for use with various types of septic systems. These: systems include the gravelless trenches such as the chamber and polystyrene aggregate trench systems. Soils that are at least 24 inches deep located on gently sloping landforms may be permitted with shallow conventional trenches per 15A NCAC 18A Laws and Rules for Sewage Treatment and Disposal Systems Rule.1956( (1). Shallow trenches do require at least 6 inches of soil cover to be placed over the trenches. Conventional septic systems with trench bottoms placed 18 inches below the surface can be sited on soils with usable soil depths at least 30 inches below the surface. Once potentially useable areas are located through vertical borings, the next consideration is the horizontal extent of those areas. The size and configuration of the useable soil area dictate the utility of that area. The size of a subsurface disposal fieldi is determined by: 1) the design flow from the source, and 2)t the long term acceptance rate (LTAR) of the soil (based on the hydraulic conductivity of the soil, a function of the soil's texture, mineralogy, structure, porosity, etc.). The configuration must be such thata an efficient layout of disposal lines (on contour) is possible. An additional consideration is the required setbacks for the system from various elements. Some relevant setbacks to subsurface septic systems are as follows. Any! building foundation Any property line Basement Surface waters 5 feet 10 feet 15 feet 50 feet 100 feet 15 feet Any private or public water supply source Top ofs slope of embankments or cuts of two feet or more vertical height Al list ofa additional setbacks can be found in Rule.1 1950. The site plan for each proposed lot must ensure that adequate soil areai for system and repair is unaffected by site elements (house placement, driveway, wells, patios, decks, etc.) ont that, or adjacent lots. The area ultimately designated byt the health department on the site plan for the septic system and repair must remain undisturbed (no mechanical clearing, excavation, heavy traffic or other significant site February 13, 2024 2 Report for Detailed Soil/Site Assessment for Septic System Suitability Red Hill Church Road Subdivision Site Erwin, Johnston County, North Carolina disturbing activities) until authorized by the health department. Al lot with initially adequate useable soil area may be rendered unusable as a result ofi improper site planning and/or disturbance. An individual septic system permit will be required for each lot prior to obtaining a building permit. Only after developing this information can at final determination ber made concerning specifics ofs system design and site utilization. Limitations This report is limited to the above referenced project and dient and no other uses are authorized. This report identifies the general location of potentially usable soils for on-site wastewater treatment and disposal systems, and does not constitute or imply approval for permit, as required by the appropriate regulatory agency. Soil evaluations are done based on interpretations of the rules governing wastewater treatment and disposal systems and are not guarantees for site approval. This evaluation consists ofas soil scientist evaluation and a more detailed soil evaluation will be necessary to determine total usable areas. The rules governing wastewater treatment (interpreted and governed by local and state agencies) are evolving constantly, and in many cases, affected by the opinions ofi individuals employed by these governing agencies. Because of this, Icannot guarantee that any areas will be permitted by the governing agencles./recommend that anyone making financial commitments on a tract be fully aware of individual permit requirements on that site prior to final action. February 13, 2024 3 Report for Detailed Soil/Site Assessment for Septic System Suitability Red Hill Church Road Subdivision Site Erwin, Johnston County, North Carolina Closing Ifyou have any questions or need additional information, please call me at (919)801-3798. Sincerely, SOIL % 1267 NORTH Walter Cole NCI Licensed Soil Scientist #1267 Registered Environmental Health Specialist #1510 Encl. Figure 1: USDA-NRCS Halifax County Soil Survey Exhibit Figure 2: USGS Topographic Quadrangle Exhibit Figure 3: 2021 Color. Aerial and Topographic Exhibit Figure 4: Soil Assessment & Septic System Layout Exhibit February 13, 2024 I = TYPICAL SOIL PROFILE DESCRIPTION MARLBORO HORIZON Ap Bt1 Bt2 Bt3 DEPTH 0-6 6-20 20-30 30-42+ COLOR (MUNSELL) 10YR4/2 7.5YR5/6 10YR5/8 10YR5/6 7.5 YR 5/6 mottles TEXTURE sandy loam sandy clay sandy clay sandy clay STRUCTURE granular weak medium subangular blocky mod. to weak subangular blocky weak, medium subangular blocky Notes: 1) Soil similar to the Marlboro Soil Series. 2) LTARO.3 gpd/ft for conventional septic systems. 3) Soil described from auger boring. Slopes ranged from 5%t to 30%. S&ME, Inc. 13201 Spring Forest Road! Raleigh, NCZ7816/P9198722660. www.smeinc.com Figures N Woc Ra) MaB MaA Co Co MaB MA Co 03 Na MaB MaA MaA 00 EE) SOILS: MaA: Mariboro sandy! loam, 0-2% slopes MaB: Marlboro sandy! loam, 2-6% slopes REFERENCE: GISB BASEL LAYERS WERE OBTAINED FROM1 THE1 1994 USDA-SCS PUBLISHED: SOIL SURVEYOF HARNETT COUNTY, NORTH CAROLINA. THIS MAPI ISF FORI INFORMATIONAL PURPOSES ONLY, ALLFEATURE! LOCATIONS! DISPLAYEDI AREA APPROXIMATED. THEY AREI NOTE BASED MaB ONCIVIL SURVEY INFORMATION, UNLESS: STATED OTHERWISE. Site Parcel FIGUREI NO. 1 SCALE: 1"=5 500' DATE: 2-7-24 PROJECTNUMBER TBD USDA-SCS SOIL SURVEY EXHIBIT REDI HILL CHURCH ROAD SUBDIVISION RED HILL CHURCH ROAD ERWIN, HARNETT COUNTY, NORTH CAROLINA N BAPANT 0 REFERENCE: OTHERWISE. 500 1,000 (FEET) GIS BASELAYERS WERE OBTAINEDI FROMT THEL USGS NATIONAL TOPON MAPI VIEWER. THIS MAP ISFORII INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYED ARE APPROXIMATED. THEY ARE NOTE BASED ON CIVIL SURVEYI INFORMATION, UNLESS STATED Site Parcel FIGURE NO. 2 SCALE: 1"=500' DATE: 2-7-24 PROJECTNUMBER TBD USGS TOPOGRAPHIC EXHIBIT RED HILL CHURCH ROADSUBDIVISION REDI HILL CHURCH ROAD ERWIN, HARNETT COUNTY, NORTH CAROLINA N 200 400 FEEI) REFERENCE: OTHERWISE. GIS BASE LAYERS WERE OBTAINED FROMT THE 2021 NCONEMAP, AERIAL ORTHOIMAGERY LAYERA ANDT THE 2007 NCDOT UIDAR CONTOURD DATASET. THIS MAPI ISFOR INFORMATIONAL PURPOSES ONLY. ALL FEATURE LOCATIONS DISPLAYEDA ARE APPROXIMATED. THEYA ARE NOTE BASEDO ON CIVIL SURVEY INFORMATION, UNLESS STATED 2-Foot Contours Site Parcel FIGURET NO. 3 SCALE: 1"= 200' DATE: 2-7-24 PROJECTNUMBER TBD COLOR AERIAL ANDTOPOGKAPHIC EXHIBIT RED HILL CHURCH ROAD: SUBDIVISION RED HILL CHURCH ROAD ERWIN, HARNETT COUNTY, NORTH CAROLINA applicant must have received approval from NCDEQ ini regards to the Watershed afecting the property. Along with approval from NCDEQ in regards to storm water due to more than 1 acre being disturbed. The applicant must also have an approved permit from NCDOT stating that the roads are being constructed to NCDOT standards. A permit is also required from Harnett Regional Water stating that the waterlines to be extended to the property is constructed to HRW Standards. HRW has stated that in order to have the density/style ofhome that the applicant would like improvements will have to be made to HRW lines in regards to pressure for fire hydrants to obtain clearance from Harnett County Fire Marshall. The current gallons per minute for the nearest hydrant is 404.7 gpm and Harnett County Fire Marshall requires at least 500 gpm. Harnett Regional has stated that these improvements to increase water pressure have already been approved for later this year to increase the gpm to the required 500 gpm. Ifthe improvements to the water lines are not made and the gpm is not met, then the development will require a specific upgrade to the water lines for the homes to be created within the subdivision increasing the gpm to the required 500 gpm to receive approval from the Harnett County Fire Marshall. Images ens IVld/ AWVNIWI3Nd DN'IMIR NOISIAIGENS GVOWH HDINHDT TTIH 038 NPS3GONMIOTONWY QTV 141st oll ol ol o Oll ol ol oll oli ojl n 1 a - asn 1V931404 JON 0 S 0 # @ - a I 8 B 5 B - E 8 E Esn 7V937 JO: JON 8951 MINUTES CONTINUED FROM MARCH 25, 2024 Town Planner Dylan Eure stated that he would ensure that thel letter is in hand before final approval. Commissioner Marbell asked how many acres thej property is. Town Planner Dylan Eure answered that the size oft the proposed development is 8.13 acres. The consensus of the Board was to place this item under Consent on the agenda for our Regularly Scheduled Meeting in April. Accessory Dwelling Unit Text Amendment Town Planner Dylan Eure presented this proposed text amendment based on a complaint that he and Town Code Enforcement Officer, Chris Jones, had received regarding an individual living in an accessory dwelling at 1600 Denim Drive. The proposed amendment would give the property owner some options for compliance. Commissioner Byrd asked ifthis would be 1/3 acre lots. Town Planner Dylan Eure confirmed that yes, they would be 1/3 acre lots. There was discussion about specific lot sizes and building sizes among the Board while viewing Mayor Baker said he would like to see double the ordinance requirements ifwe allow this amendment. He wants to ensure that the Board sees the entire picture oft the implications ofthis Amendment, and pointed out that yes, we do call for it within the Land Usel Plan. Town Planner Dylan Eure pointed out that North Carolina House Bill 409, which is currently in the House, is very restrictive on how municipalities can regulate Accessory Dwelling Units. Setbacks would really be the only way to enforce restrictions ift that bill passes. Multiple Commissioners expressed concern for the potential issues this could cause for the Town. Some ofthe specific concerns were that with small lots, the Town would be overrun with this type ofhousing stock. There are lots that would be able to be split, then add 4 oft these types Mayor Baker pointed out that the Land Use Plan specifies certain districts and by design criteria and setbacks, specifically the Mill Village. He then asked ifthe Planning Board had any other Town Planner Dylan Eure stated that they had some discussion, the applicant, Rickey Davis, had come and spoke on behalf oft the amendment, and the Planning Board recommended the approval Mayor Baker asked ift they had any discussion similar to the discussion this evening among the Town Planner Dylan Eure stated that they did not, it was mostly Mr. Davis speaking, and limited examples of properties on GIS. ofdwellings. comments or concerns regarding this Amendment. with no further changes. Commissioners. discussion. 8952 MINUTES CONTINUED FROM MARCH 25, 2024 Commissioner Byrd asked ift the Planning Board was for this plan and what the views they had Town Planner Dylan Eure confirmed that they were, yes. There was a lot ofback and forth between the applicant and thel Planning Board, especially the reasoning for the request. This includes the applicant being told by the bank that holds his mortgage telling the applicant that he This item will be on the agenda under Public Hearing for the Regularly Scheduled Board Meeting in April to allow for public comment. Additional guidelines will be added and the were. was able tol have the ADU. topic will be visited at the. April Workshop. ZT-2024-003 Highway 421 Overlay Town Planner Dylan Eure presented this proposed Overlay to the Board. This Overlay District would be an additional zoning layer that would require additional regulations for all non- residential and non-religious institutions that may develop or expand in the future. Thisi is in line with the 2023 Erwin Land Use Plan, under LUH 7, to set the: standard for positive growth within Mayor Baker said that he has stated the need for this for several years. He believes the 600ft could be decreased slightly, especially for those parcels that aren'tabutting the direct 421 Corridor. This should be a growth planning tool for quality development. Looking forward, protecting the Town of Erwin, this follows the trend. Mayor Baker said that this would be something tol have a lot of public input on. Weneed to ensure that everyone understands that this makes no changes to residential and existing businesses. This would only affect future growth Town Manager Snow Bowden stated that we would advertise for aj public hearing and have an Open House to allow residents and business owners an opportunity to ask questions, and that this The consensus of the Board was to have Town Staff schedule an Open House for the citizens and affected property owners to be able to see the proposed Overlay District and provide feedback, and revisit for a Public Hearing and decision in a few months. the Town. that comes in. would be a lengthy process that involves a few months. Penalty Text Amendment Town Planner Dylan Eure presented this proposed text amendment to allow for more effective enforcement ofthe Town Ordinances. The amended diction would allow for a penalty ranging Mayor Baker asked what the time frame would be for compliance from the initial notice of from $50.00- $500.00 per day, based on a penalty schedule. violation. Erwin Board of - Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: Accessory Dwelling Unit Text Amendment The Town of Erwin has received at text amendment application. The proposed text amendment would allow for accessory dwelling units to be allowed ini the Town of] Erwin. Currently, accessory dwellings are not allowed. Accessory structures are not allowed to be used for residential purposes per our Code of Ordinances. Current definition below: Use, accessory, means a subordinate building or use, the use of which is incidental to that of the principal building or use on the same lot. Under no circumstances shall an accessory building be used for residential occupancy (i.e., swimming pools and satellite dishes). One of the goals in our 2023 Land Use Plan is to allow for a variety of residential land uses. All oft the other municipalities inl Harnett County allow for accessory dwellings. After a good discussion, the Planning Board recommended that this text amendment be approved. We do have a public hearing scheduled at our April Town Board meeting for this proposed text amendment. I would like to highlight two items that warrant discussion in the proposed text amendment that we received. 2. Only one (1)accessory dwelling is permitted per residency on lots less than 15,000 square feet, two (2) may be permitted per additional 15,000 square feet of property. Under no circumstance shall more than two (2) be placed on a single 9. Accessory dwellings may be on the same water and utilities as the principal structure. Harnett Regional Water will not allow this. This language is found in a bill that has not become a state law yet. Ift the bill does become a law than it residential lot. would be allowed. The proposed text amendment is based on language that is found in surrounding municipalities Town Code(s). It is also based on language that is found in two separate bills that are currently being considered in the North Carolina General Assembly. The bills have not become law yet. Ift the bills become law then we would have to make changes to our Town Code to be in compliance with the new legislation. OF A Town of Erwin Zoning Text Amendment Application Planning & Inspections Department POI Box 459, 100 West FSt, Erwin, 28339-910-8975140-1 Fax 910-897-5 Applicant Name Applicant Mailing Address Applicant Contact Phone Applicant Email Zoning Ordinance Section Number amendment. Rekeyy Oavs 7BAe7 Hdding LLC 2747P6 sr'hl Puhs SL 22/92 951-796 8253 Kahyt7Hw.n In the spaçe provided below, or on a separate sheet of paper, please state the nature of the proposed text Liky D Applicant sl Name (Print) 3fulay Date Applicant's Signature (Sign) Administrative Official's Comments and Additional Requirements: In the space provided below, or on a separate sheet ofpaper, provide the language proposed by Staff and authorized by the appliçant for consideration oft thel Planning Board and Board of Commissioners. Lhky OAus do hereby certify that the language as herein provided and prepared by the Town ofErwin Staff does meet thei intent, in all respects, ofmy proposed Zoning Ordinance' Text Amendment; and authorize the same tol be presented to the' Town ofErwin Planning Board and Board of Commissioners for their consideration of approval. Biker OAu Applicant' 's Name (Print) $300 Feel Paid: delzz 3//zy Date Signature (Sign) L s Ordinance. Amendment Feel Must Accompany Application and] Bel Paid Priort to Scheduling for a consideration by Boards. Date Paid: WPEA Staff Initials: Text Amendment. Application Dec2012 Pagelof1 ERWIN) 3.3: Encourage subdivisions with larger lots and/or higher amounts of open space tol be located in the Suburban Residential areas on the Future Land Use Map. LUH4: Allow for a variety of residential land uses. 4.1: Encourage a mix of higher-density housing types tol locate in Commercial/Mixed Use areas or near US421. 4.2: Allow a variety ofs small-scale attached housing types (accessory dwellings, duplexes, quads, townhomes) on well-located sites in Consider allowing townhomes inr more areas (Currently allowed only as a Special Use in R-10, R-6, RMV, and DMV districts). Consider allowing duplexes, triplexes or quadplexes in more areas (currently allowed as a Special Use in R-6 only). Consider allowing accessory dwelling units that meet design 4.3: Allow a certain percentage of attached homes as part of new Encourage alley-loaded attached units with front porches and on-street parking to improve pedestrian safety. Consider reduced setbacks and lot width requirements for rear the mill village. criteria (minimum setbacks, etc.). planned developments (ie. 30% max). loaded housing types. LUH 5: Protect rural views on the edges of town. 5.: Discourage large stretches of "Fanny First" development (visible backs of homes) along major roads by encouraging tree preservation, planting buffers and location of open space along blocks. September7.2023 Town of Erwinl Land Use Plan 51 Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25,2024 Subject: Proposed Highway 421 Overlay District, ZT-2024-003 One oft the goals in our 2023 Land Use Plan was to "consider the development ofal US4 421 Commercial Overlay District". Our Town Planner Dylan Eure has put together aj proposed HWY 421 Overlay District that will meet that goal. The purpose oft this overlay district is to enhance any future development(s) offofHWY 421. The proposed district does place extra standards on any future commercial development(s). But the extra standards are. not an unfair burden. As the Town continues to grow, we will continue to see growth off ofHighway 421. This proposed overlay district will be a stepi in the right direction. The proposed overlay district includes the extra standards highlighted ini the 2023Land' Use Plan. The proposed overlay district was created based on information found in existing overlay districts in surrounding municipalities. The Planning Board recommended this overlay district for approval. Before we can take any action on moving forward with this proposed overlay district we have to hold a public hearing. Wel have to notify all impacted property owners. Town Staffi is happy to make any changes that any of you see fit. Ifthe consensus oft the board is to move forward with this overlay district we will need to set aj public hearing for our May Town Board meeting. TOWN OF ERWIN 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 P.O. Box 459. Erwin, NC 28339 Phone: 910-897-5140-Fax: 910-897-5543 www.erwin-nc.org 03/25/2024 ZT-2024-003 Memorandum Erwin Highway Overlay District Zoning Description The Town ofl Erwin wishes to create an additional zoning layer that reaches 6001 fti in either direction from the center line along ofU.S. 421/EJ Jackson Blvd. The purpose ofa Zoning Overlay District is to require additional development regulations for all non-residential and non- religious intuitions that may develop or expand in the future. Said additional regulations include dimensional standards, building materials, landscaping, parking, and sidewalk /s street scape standards. Standards are designed to prevent areas ofblight, reduce traffic coming on and off of U.S.421, minimize safety hazards, and promote overall community appeal and connectivity. This would not change the current zoning of the properties, but rather add an additional zoning layer for those who are above classified. Per the 2023 Erwin Land use Plan LUH 7 states that Erwin is to establish a 42loverlay to set standards for the major corridor in order to guide positive growth for the Town. Trade Offs The current language ofthe Overlay requires any affected groups or individuals to adhere to all of the proposed regulations. This would not only require regulations to take place along U.S. 421/E Jackson Blvd, but also parcels that are within the 600 ft oft the center line of 421/E. Jackson Blvd that front other streets. Such as NC: 55, N13th, Masonic Rd, St. Matthews Rd, Professional Pkwy, and Shriji Ln. However, if deemed inappropriate the diction can be altered to only apply to 421. Due to the increased regulation this may cause local businesses to avoid development along US 421. By forcing adherence this will increase the amount ofmoney that it will take to develop land along US 421 making it harder to: start a businesses within the location ofthe affecting overlay. Methodology In order to create the Erwin Highway Overlay District a variety of municipalities were benchmarked and evaluated to establish al Highway Overlay District that would best fit the Town of] Erwin. Municipal agencies that were used during the process ofbuilding the Erwin Highway Overlay District are Lillington, Coats, Dunn, Wake Forest, Knightdale and Kenly along with the previously discussed Med-Ed Corridor Overlay that was offered by the Mid-Carolina COG. Legality North Carolina General Statue $160D-703 (4) empowers local governments to divide its jurisdiction into zoning districts including overlay districts in which different requirements are imposed on certain properties within one or more underlying conventional, conditional, or formed-based districts. Perl NC General Statutes the Erwin Highway Overlay District is permissible by the State ofNorth Carolina. E.H.O.D. -E Erwin Highway Overlay District A.F Purpose Itis thei intent oft the Highway Overlay to protect natural resources, provide landscaping improvements, ensure connectivity, ensure adequate walking spaces, and enhance the overall appearance of the corridors identified. Development standards from the Erwin Highway Overlay District apply to all parcels within 6001 feet of the Right-of-way on both: sides of the corridor. In cases where a portion ofa at tract of land lies within the overlay district, the entire tract shall falli into the same regulation as the overlay. 1. Prevent unsightly conditions that may destroy or detract the natural character, beauty, or The Erwin Highway Overlay District is established to: condition of the area. 2. Reduce the amount of traffic coming on and off of the corridors. 3. Minimize potential safety hazards that may exist along the corridors. B. Area of Applicability The major highway corridor of which is affected by Erwin's Highway Overlay District is U.S.4 421/E Jackson Blvd within only the corporate limits of the Town. Said overlay would impact all non-single family buildings and non-religious institutions including but not limited to businesses and multi-family dwellings. C.Specific Development Standards 1. Dimensional Standards a. At no time shall any development not face the nearest Right-of-way. All non-single family developments are required to front the nearest accessible Right-of-way, and be accessed internally. In thee event ofar parcel abutting two Right-of-ways, thel buildings should facet the heavier trafficked Right-of-way, and access via the Right-of-way, or bya b. At no time shall any developments loading area face the public Right-of-way. AlI loading areas: shall be located at the rear or side of1 the establishment as long as it does not face For additional standards see the corresponding zoning. jurisdiction in which a parcel is newly constructed street. ap public Right-of-way. related toi for setbacks requirements. 2. Building Materials a. At no time should any buildings be made entirely of materials that are prone to deterioration or weathering causing the building to become al blight throughout ageing. b. Buildings may be accented with other materials but are limited to twenty percent (20%) To avoid blight, all non-residential facades shall be made of at least eighty percent (80%) of thei façade. one thei following materials: E Brick Masonry ii. Wood iii. Stone iv. Architectural Concrete V. Vinyl Siding d. Facades to be prohibited: Metal 3. Landscaping Standards a. Parking lots, loading areas, and other vehicle use areas shall be planted with one (1) tree b. At least 65 percent (65%) oft the required parking lot trees shall be large shade trees. Trees and shrubs shall be planted within 151 feet of the vehicle use areas. d. Developments containing 30 or more parking spaces, at least half or 50 percent (50%) of the trees and shrubs must be planted in islands or medians spaced throughout the e. A consecutive strip of parking places shall include landscape islands every 20 spaces Land scape islands shall be grass and mowed, covered with organic materials (ex: pine For specific parking guidelines see Article XVIII entitled Parking and Loading within and (2) shrubs for every ten (10) parking spaces required. parking area. apart and at the end of all parking rows. mulch) Chapter 360 ofthe Erwin Code of Ordinances. 4. Parking Lot Standards a. Developers of non-residential properties shall be required to have shared driveways and parking areas with adjoining developments. Ift there is no current adjoining development, the development shall make modifications for at future connection to be b. Allareas' designated for trash or refuse shall be screened from the public eye witha a minimum height of1 1 foot above the highest point of thet trash receptacle. Materials for the screen shall ber natural or made of masonry materials. (ex: wood, stone, or brick) For specific parking guidelines see. Article XV entitled General Provisions Chapter 36 of made byt the adjoining developer. the Erwin Code of Ordinances (Sec. 36-436. & Sec. 36-441.) 5. Sidewalk / Street Scape Standards a. Any non-single family development shall be required to install ADA compliant sidewalk along their portion oft the Right-of-way upon development. Ift the property that is being developed does not abut al Right-of-way, then no sidewalk installation is required. b. Sidewalks shall be separated from the nearest Right-of-way! by a minimum ofa5ft. grass landscaping buffer compromised of street trees placed at 15-20ft. increments. Areas located between: sidewalks and parking areas shall be compromised ofar minimum 4ft. vegetation buffer containing grass. 6. Signage Standards a. Alls standalone signs shall be made of primarily masonry materials surrounded bya natural base of shrubs and other small plants. b. Fors specific signage guidelines please see Article XIX entitled Sign Regulations within Chapter 36 oft the Erwin Code of Ordnances. Town of Erwin Land Use Plan Land Use and Housing (Continued) LUH 6: Encourage appropriately scaled commercial uses along 6.1: Larger scale commercial development should be located in Commercia/Mixed Use areas along US 421 and/or in Employment and Industry areas on1 the Future Land Use Map. 6.2: Smaller to medium scale (typically less than 30,000 square foot building area) should be allowed along other roads, i.e. Denim 6.3: Neighborhood scale commercial should be located at key inter- Neighborhood: scale commercial should be less than 5k square Ordinance updates may be needed to specify these requirements. The B-lzoning district could be updated to add performance criteria (size of building, buffers, screening, etc.). US 421 and at major intersections. LOWES Drive, 13th Street sections (ie. north of town). feet per floor with a 35ft maximum height. LUH7:Consider the development of a US 421 Commercial 7.1: Establish specific development standards applicable along US The purpose oft these requirements would bei to provide enhanced building design and site development standards for this key commercial corridor. Requirements could include: Building material standards limiting metal buildings Landscaping requirements (ie. forf foundation plantings and/orp parking Limits to location ors size of outdoor storage areas Access control measures or connectivity requirements Standards for multi-family developments Overlay District. Highway 421 in Erwin's jurisdiction. lot plantings) Parking location or design 52 Recommendations: Land Use And Housing (continued) 8953 MINUTES CONTINUED FROM MARCH? 25, 2024 Town Planner Dylan Eure responded that this is typically handled by the Code Enforcement Officer Chris Jones, and that he usually tries tol have a conversation in good faith with the property owner to remedy the situation before having toi issue an official notification. Mayor Baker stated that this is somewhat objective because there isn'tal laid out timeframe. Harnett County specifies ai timeframe for each type of violation. We should add specified and spelled out timeframes in the ordinance sO that we can issue the warning for compliance before the civil citation. Our Code Enforcement Officer needs the assistance ofs specific guidelines and allowable times. Commissioner Byrd agrees that we need specific timeframes for enforcement. The consensus of the Board was to add specific timetables to this Amendment and bring it back to the April Workshop. Text Amendments to Chapter 361 Definitions Town Planner Dylan Eure presented these seven amendments for amusement-type establishments and where they are permitted or require a special use permit. These types ofland uses are not already defined in our ordinances. These are: arcade, axe throwing, bowling alley, escape room, laser tag, pool halls, and rage rooms. The verbiage in regards to pool halls was Mayor Baker stated that he understands that a lot of these uses were proposed at the old Mill site, Town Manager Snow Bowden explained that Pool Halls, while in our ordinances, are: not After discussion among the Board, the recommendation wasi made to change Pool Hall from The consensus of the Board was to make the updates to the Pool Hall amendment and amended further by the Planning Board before coming before The Board. including aj potential pool hall. defined. Special Use in B-2, to Permitted within B-2 and M-1 Industrial. bring this back to the April Workshop. GOVERNING COMMENTS Commissioner Marbell stated he was sorry that he was unable to attend the Budget Workshop Commissioner Byrd spoke about a sign ordinance. He would like to see the signs cleaned up Commissioner Nelson stated that he appreciates the' Town Staff and everything they do. Commissioner Turnage stated that with spring being here, there are many golf carts out and about. Hel has seen many oft them without permit stickers. The police department needs to enforce thei insurance and permit requirements. He states that hei is concerned that ifsomeone due to illness. around town, as they' 're distracting and an eyesore. Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: Penalty Text Amendment Erwin Town Staff wishes to amend Chapter 36 of our Town Code involving the fines that the Town can charge for code violations. The proposed changes also clear up some language involving the threshold for the level of fine(s) we can charge for code violations. The Planning Board recommended that these changes be approved. Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: Honorable Mayor and Board of Commissioners From: Dylan Eure, Town Planner Date: March 25, 2024 Subject: Penalty Amendment The Town of Erwin Staff wishes to amend Chapter 36 oft the Erwin Code of Ordnances within Article XX (10) Administration and Enforcement, Section 36-584 Penalty. Said amendment would allow staff to enforce code and zoning regulations throughout the Town of Erwin. The way the current penalties are written limits the Town from issuing higher fines which will result in faster compliance with our ordinances. This effort is to begin the process of cleaning areas of towns and ensuring zoning regulations are being properly followed. Legality NC General Statues 14-4 (Violation of local ordinances misdemeanor) states that (a) Except as provided in subsection (b) or (c)ofthis section, ifany person shall violate an ordinance ofac county, city, town, or metropolitan sewerage district created under Article 5 of Chapter 162A, he shall be guilty of a Class 3 misdemeanor and shall be fined not more than five hundred dollars ($500.00). No fine shall exceed fifty dollars ($50.00) unless the ordinance expressly states that the maximum fine is greater than fifty dollars ($50.00).(b) Ifa any person shall violate an ordinance ofa county, city, or town regulating the operation or parking of vehicles, he shall be responsible for an infraction and shall be required toj pay aj penalty of not more than fifty dollars ($50.00). (c) A person may not be found responsible or guilty of a local ordinance violation punishable pursuant to subsection (a)ofthis section if, when tried fort that violation, the person produces proof (1) No new alleged violations of the local ordinance within 30 days from the date of the initial alleged violation.(2) The person provides proof of a good-faith effort to seek assistance to address any underlying factors related to unemployment, homelessness, mental health, or substance abuse that might relate to the person's ability to comply with the local ordinance. (1871-2, C. 195, s. 2; Code, S. 3820; Rev., S. 3702; C.S., S. 4174; 1969, c. 36, S. 2; 1985, C. 764, S. 2; 1985 (Reg. Sess., 1986), C. 852, S. 17; 1991, C. 415, S. 1;c. 446, S. 1; 1993, C. 538, S. 8; C. 539, s. 9;1 1994, Ex. Sess., ofcompliance with the local ordinance through any oft the following: c.24, SS. 14(b), 14(c); 1995, c. 509, S. 133.1; 2021-138, S. 13(c).) Un-amended Diction The administrator shall be authorized to use any one or more oft the methods described in this section, or action authorized by law, to ensure compliance with or to prevent a violation oft the provisions of this article. (1)Civil penalties. Any person, corporation, LLC or other entities, who violate any provision of this article may be: subject to assessment oft the maximum civil penalty ofupt to $500.00 per Civil citations.. A civil citation shall be issued by the administrator oft the town planning department to any person, corporation, LLC, or other entity, failing to take corrective action according to and within the specific compliance period ordered by the administrator. Each day such violation exists after the expiration oft the compliance period shall constitute a separate offense and be charged as a separate violation. Each said violation shall be subject to a civil penalty in the amount of$100.00 per day until such violation has reached compliance. Failure top pay the penalty within 15 days from the receipt of the notice ofcivil penalty shall subject said person, corporation, LLC, or other entity to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by violation. the court. Amended Diction The administrator shall be authorized to use any one or more oft the methods described in this section, or action authorized by law, to ensure compliance with or to prevent a violation oft the (1)Civil penalties. Any person, corporation, LLC or other entities, who violate any provision of this article may be subject to assessment of the maximum civil penalty of up to $500.00 per Civil citations. A civil citation shall be issued by the administrator oft the town planning department to any person, corporation, LLC, or other entity, failing to take corrective action according to and within the specific compliance period ordered by the administrator. Each day such violation exists after the expiration ofthe compliance period shall constitute a separate offense and be charged as a separate violation. Each said violation shall be subject to a civil penalty ranging in the amount of $50.00 - $500.00 per day until such violation has reached compliance or the sum of penalties has reached the amount that it requires to fix said violations. Failure to pay the penalty within 15 days from the receipt of1 the notice of civil penalty shall subject said person, corporation, LLC, or other entity to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost oft the provisions oft this article. violation. action to be taxed by the court. Penalty Schedule: Citation Warning Citation Official Citation Second Citation Third Citation Fourth & Subsequent Citations Penalty N/A $50 $100 $250 $500 Erwin Board ofCommissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: Text Amendments to Chapter 361 Defininitions Town Staffh has prepared a number or text amendments to our Chapter 36 in our Town Code. These proposed amendments include definitions of land uses that are not already defined in our Town Code. They also include potential zoning districts that they should be allowed. Before we schedule aj public hearing for these proposed text amendments we wanted to share them with you We already have a few oft these types oft businesses in Town but they are not defined in our for your consideration and discussion. Town Code. Town Staff wishes to go ahead and define these land uses. Proposed definitions: 1. Arcades- An establishment that is tailored to entertainment through forms of arcade games such as but not limited to pinball, air hockey, skee-ball, or any other electro- mechanical games, but does not include a casino or any other form of gambling. May contain areas for refreshments and food, however, not required. In order to sell alcoholic beverages the owner oft the establishment must obtain a valid beer and liquor license from 2. Ax' Throwing- A facility in which contains at least 3 (three) 12 ft. lanes with each being separated by a minimum 9 ft. tall fencing thati is ai minimum of15 ft. long for the purpose oft throwing axes/knives at a designated target for sport and recreation and may contain areas for refreshments food. In order to sell alcoholic beverages the owner oft the establishment must obtain a valid beer and liquor license from the North Carolina 3. Bowling Alley- A long narrow track of at least 51 lanes which balls are rolled down for the purpose of knocking down pins for competition or enjoyment and that may contain areas for refreshments and food. In order to sell alcoholic beverages the owner oft the establishment must obtain a valid beer and liquor license from the North Carolina 4. Escape Room- A business in which creates rooms where individuals are voluntarily locked in a confined area requiring them to solve a series a puzzles before a certain the North Carolina Alcoholic Beverage Control Commission (ABC). Alcoholic Beverage Control Commission (ABC). Alcoholic Beverage Control Commission (ABC). amount oft time expires. 5. Laser' Tag- An indoor recreational shooting sport where individuals use infrared-emitting light guns to tag designated targets and may contain areas for refreshments food. In order to sell alcoholic beverages the owner of the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission (ABC). 6. Pool Halls- An establishment that contains at least 2 or more pool/billiards tables with a pool table, cues, balls, racks, and that may contain areas for refreshments and food. In order to sell alcoholic beverages the owner of the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission 7. Rage Room-A business in which rents out rooms located within their building for the purpose ofs stress reliefand venting anger in which items are destroyed and disposed ofin asafe and cautionary manner and that may contain areas for refreshments and food. In order to sell alcoholic beverages the owner oft the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission (ABC). (ABC). 8. Proposed Land Uses Land Use Arcades Axe Throwing Bowling Alley Escape Room Laser Tag Pool Hall Rage Room B-2 Highway Business M-1 Industrial CB Central Business Permitted Permitted Permitted Permitted Permitted Permitted Special-Use Permitted Permitted Permitted Permitted Permitted Permitted Permitted Special Use Permitted The Planning Board recommended all oft the proposed definitions. They did recommend that pool halls be allowed as aj permitted use in our B-2 (Highway Business) and M-1 (Industrial District). MINUTES CONTINUED FROM MARCH25, 2024 isn'tp permitted and insured, and gets in an accident, they could hold the Town liable for not Mayor Baker thanked Town Staff for all oft their hard work and thanked the Town Board Members for taking time out oft their busy schedules tol be at the Workshop. enforcing the ordinance. ADJOURNMENT Commissioner Nelson made a motion to adjourn at 7:53 P.M. and was seconded by Commissioner Turnage. The Board voted unanimously. MINUTES RECORDED ANDTYPED BY KATELAN BLOUNTDEPUTY CLERK ATTEST: Baub Katelan Blount Deputy Clerk Randy Baker Mayor E