THE ERWIN BOARD OF COMMISSIONERS APRIL2024. REGULAR MEETING THURSDAY, APRIL 4, 2024 @ 7:00 P.M. ERWINI MUNICIPALBUILDING BOARDROOM  AGENDA  1. 2. 3.  MEETING CALLED TO ORDER A. Invocation B. Pledge ofAllegiance  AGENDA. ADJUSTMENTS. AFPROVALOFAGENDA  CONSENT  Alli items on Consent. Agendas are considered routine, to be enacted on one motion without discussion. Ifa Board member or citizen requests discussion of an item, the item will be removedj from the Consent  Agenda and considered: under New Business. A. Minutes Regular Workshop on February 26, 2024 (Page 2) B. Minutes Regular Meeting on March 7,2024 (Page 8) C.2 2023-2024 Resurfacing Bids (Page 16) D. BOA: 2024-05 (Page 17) E. SRO Reimbursement, Agreement Amendment (Page 18) F. SRO One-Time Bonus Agreement (Page 23) G. ARP Grant Project Ordinance Amendment (Page 25) H. Storm Water Grant Project Ordinance (Page 28) Histerical Beneh-Program (Page-29) J. Community Building] Renovation (Page 30) K. Red. Hill Church Road Preliminary. Plat (Page: 31) L. Proposed. Resolution to Stormwater Grant PRESENTATION OF EMPLOYEE OF THE QUARTER A. Accessory Dwelling Unit' Text Amendment (Page 32)  4. 5. 6. 7.  PUBLIC HEARING OLD BUSINESS A. Historical Bench Program PUBLIC COMMENT  Each speaker is asked to limit comments to 3 minutes, and the requested total comment period will be 15 minutes or less. Citizens should signi up priort to thes start of the meeting. Please provide thec clerk with copies ofa any) handouts) you) havej for the Board. Although thel Board is interested in hearing) your concerns, speakers shouldn note expect Board action ord deliberation ont thes subjectz matter brought up during the Public Commen! segment. Thank) you) for) your consideration oft the Town Board, slaf and other speakers. $160A-81.1  8. 9.  MANAGER'S: REPORT ATTORNEY'SI REPORT 10. GOVERNING BODY COMMENTS 11. ADJOURNMENT  "INACCORDANCE! WITHADAK REGULATIONS, PLEASEZ NOTE THATA ANYONE WHONEEDSA ANA ACCOMMODATIONI TOPARTICIPATE IN: THEA MEETING SHOULDNOTIPITHE  TOWNCIERKAT9I0: 591-4202 AT LEAST4 481 HOURS PRIOR TOT THEA MEETING.**    8955  ERWIN: BOARD OF COMMISSIONERS  REGULAR MINUTES APRIL 4, 2024 ERWIN, NORTH CAROLINA  The Board ofCommissioners for the Town of Erwin with Mayor Baker presiding held its Regular Meeting in thel Erwin Municipal Building Board Room on Thursday, April 4, 2024, at 7:001 P.M. in Board Members present were. Mayor Randy Baker, Mayor Pro Tem Ricky Blackmon, and Commissioners Town Manager Snow Bowden, Town Clerk Lauren Evans, Town Attorney" Tim Morris, Deputy Clerk Katelan Blount, Town Planner. Dylan Eure, Code. Enforcement Officer Chris Jones, and Police Chief  Erwin, North Carolina.  Timothy Marbell, Charles Byrd, David Nelson, Billy" Turnage, and Alvester McKoy.  Jonathan Johnson were present.  Mayor Baker called the meeting to order at 7:001 PM. Commissioner McKoy gave the invocation. Commissioner. David Nelson led thel Pledge of Allegiance. AGENDA ADJUSTMENT/APPROVALOF AGENDA  Town Manager Snow Bowden requested to add a Proposed Resolution to Stormwater Grant (ITEML)to Commissioner Blackmon removed Historical Bench Program (ITEM I) from the Consent Agenda and Commissioner Byrd made: a motion to approve the agenda with the adjustments as presented and was  the consent agenda. moved to Old Business (6).  seconded by Commissioner Blackmon. The Board voted unanimously.  CONSENT  Commissioner Marbell made ai motion to approve (ITEM A) Minutes of Regular Workshop on. February 26, 2024 (ITEM B) Minutes ofl Regular Meeting on March 7, 2024 (ITEM C) 2023-2024 Resurfacing Bids (ITEM D) BOA: 2024-05 (ITEM E) SRO Reimbursement Agreement Amendment (ITEME F) SRO One-Time Bonus Agreement (ITEM G). ARP Grant Project Ordinance Amendment (ITEM H) Storm Water Grant Project Ordinance (ITEM I) Community Building Renovation (ITEM J) Red Hill Church Road Preliminary Plat (ITEM K): Stormwater Grant. The Board voted unanimously.    OF  TOWN OF ERWIN Post Office Box 459 Erwin, NC: 28339 (910)897-5140 M-E-M.O-R-A-N-D-L-M  DATE: TO: FROM: RE: Mr. Bowden,  March 21, 2024 Snow Bowden, Town Manager Bill Dreitzler, P.E., Town Engineer 2023-2024 Street Resurfacing Bids  On Wednesday, March 20, 2024 at 1:00 PMI bids werei 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 thei following locations (approximately 3,600 linear feet): 1. N16th Street (West N Street through the Cul-de-Sac- - approximately 1,0001 linear feet) 2. N11h Street (EI H Street toi near ELS Street - approximately 1,700 linear feet)  3. Duke Street (approximately 9001 linear feet)  Ihave completed my evaluation of thel 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 of thel listed streets and obtain a quote for the additional work.  Sincerely,  William W. Dreitzler, P.E. Town Engineer    BUDGET ORDINANCE AMENDMENT  BOA2024-05 FISCAL YEAR 2023-2024  BEIT ORDAINED by the Governing Board of the Town of Erwin, North Carolina that the following amendments are made to the annual budget ordinance fort 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 bei furnished to the Clerk, the Governing  Board, the Budget Officer and the Finance Director for their direction.  Adopted this 4th day of April 2024.  C Randyl L.Baker, Mayor  ATTEST,  aun famg Lauren Evans, Town Clerk    SCHOOL RESOURCE OFFICER PROGRAM REIMBURSEMENT AGREEMENT FOR ELEMENTARY AND PRIMARY 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 (hereinafter referred to as the "Town").  WITNESSETH:  WHEREAS, the Board and the Town entered into a School Resource Officer Program Memorandum ofUnderstanding (hereinafterr referred to as the* "MOU")effectivel October1,2018; WHEREAS, Article V oft the 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 1,2 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 ofthe promises and covenants of thej 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:  Articlel SRO School Assignment  The Town shalll hire and train law enforcement officers to serve. as SROs pursuant to the  MOU in each of the following schools within the Town's limits:  1. Erwin Elementary  Between school years and during scheduled. holidays, the' Town shall have thei 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 ini thel MOU and fori 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 monthlyi installments over the course oft the 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 At 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 MI Invoices for SRO Services  Inorder toi request payment, the' Town shall submit monthlyinvoices 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, ifany. Ifthei invoice contains expenditures fori non-SRO purposes during a scheduled holiday, the 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 oft receipt. Once verified, County  shall process and payi 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 ofthel Initial Term, this Agreement shall automatically renew for successive one (1) year terms upon the renewal of thel MOU, unless any ofthe parties provide atl least 30 days' written: notice ofitsi intent to 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 oft 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 thereofprior to thet termination date oft this Agreement, unless any amendment oft the MOU no longer requires such an agreement.  prior to the expiration of 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, the 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 11h 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 To Town Snow Bowden Town Manager 100WF F Street Erwin, NC: 28339  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 orj joint venture; nor shall any employee oft 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 oft this Governing Law: Venue. This Agreement shall be governed by the laws of the State of North Carolina. The venue fori initiation of any such action shall be 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 bei 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 int the same fashion as this Agreement.  4.  to the subject matter ofthis Agreement.  5.  provisions shall ini no way be affected or impaired thereby.  6. No Third Party Benefits. There arei no third-party beneficiaries to this Agreement. Nothing int this Agreement shall create or give to third parties any claim or right of action against Counterparts. This Agreement may be executedi in one or more counterparts, each ofwhich shall be deemed an original, but all of which taken together constitute one and the same E-Verify: All parties shall comply with thei requirements of Article 2 of Chapter 64 ofthe North Carolina General Statutes, "Verification of Work Authorization," and will provide documentation reasonably requested by any party to this Agreement demonstrating such  thej parties.  7.  instrument.  8.  compliance.  INWITNESS WHEREOF, the parties hereto caused the. Agreement to be executed ont their  behalves.  4    HARNETT COUNTY BOARD OF EDUCATION  Chair  ATTEST:  COUNTY OF HARNETT bh Meao William Morris, Chaimhan Harnett County Board ofCommissioners  ATTEST:  ns Cep2 Melissa-Capps, Clerk  TOWN OF ERWIN L RandyL. Baker Mayof  S  ATTEST:  Cbus z    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 is made and entered into as ofthe_ 4day of March, 2024 (hereinafter referred to as the "Effective Date"), by and between the Harnett County Board of Education (hereinafter "Board"), the governing body ofthe 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 hereinafterreferred to as the "MOU")effective October1,2018; WHEREAS, Article Vo ofthe 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  and  for SRO services during each fiscal year; and  WHEREAS, thel Board, the County, andt the' Town entered into the School Resource Officer Program Reimbursement Agreement for Elementary and Primary Schools (hereinafter referred to WHEREAS, County agreed to provide funding for the SRO positions to the Board for WHEREAS, the Town agreed toj provide one (1) SRO to be plaçed 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  as the "Agreement"), effective. July 1,2023; and reimbursement of SRO services as described in thel MOU.  School;  bonus to SRO'sd during the FY2024, encompassing July 1,2 2023- June 30, 2024.  contained, the parties hereby agree as follows:  amended as follows: Add the following paragraph:  The County shall provide ac one-timel bonus offive-thousand dollars ($5,000.00): for the SRO position identified Article Iofthe Agreement, independent oft 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 forl law enforcement  officers performing SRO services.  2. All other terms ofthe. July 1, 2023 Agreement will remain unchanged.  IN WITNESS WHEREOF, the 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 ofthe Effective Date:  HARNETT COUNTY BOARD OF EDUCATION  Chair  ATTEST:  COUNTY OF HARNETT Riular Mous William Morris, Chairman Harnett County Board of Commissioners  ATTEST:  FuLo Cppio Melissa Capps, Clerk  TOWNO OFERWIN  ATTEST:  B6  Le fa  2    TOWN OF ERWIN P.O. Box 459. Erwin, NC28339 Ph:910-897-5140- Fax: 910-897-5543 www.erwin-nc.org  Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd William R. Turnage  Amendment to Grant Project Ordinance ORD 2021-2022:001 DavidI L. Nelson  Town ofl Erwin Funds  American Rescue Plan Act of2021: Coronavirus State and Local Fiscal Recovery  ORD2021-2022:001 Amendment  BEIT ORDAINED by the Town council ofthe Town of] Erwin, North Carolina that, pursuant to Section 13.2 of Chapter 159 of the General Statutes ofNorth Carolina, the Section 1: This ordinance is to amend al 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 ofl 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 of 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 ofgovernment  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 ARPICSLFRF 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, 2021- December 2024 Public Works-Admin. Services for. July 1,2021- December 2024 Public Works-Street Services for. July 1,2 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 $227,546.00 Salaries5233,226.4  003  6.1  Salaries$ 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  Salaries5141,549.92  009 158.67  6.1  Admin  $    Section 4: The following revenues have been received and available to complete the  project:  ARP/CSLFRT Funds: $1,643,204.02  Section 5: The Finance Director is to maintain sufficient specific detailed accounting records to satisfy the requirements oft the grantor agency and the grant agreements, including payroll documentation in accordance with 2 CFR 200.430 &2 2CFR 200.431. Section 6: The Town Manager is hereby directed to report the financial status of the Section 7: This Amended Grant Ordinance shall be entered into the minutes of 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 Mayor  gs  Attest: Lauren Evans Cun Town Clerk  Eem    TOWN OF ERWIN P.O. Box 459. Erwin, NC28339 Ph: 910-897-5140- +Fax: 910-897-5543 www.erwin-nc.org  Mayor Randy L.] Baker Mayor Pro' Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd DavidL. Nelson William R. Turnage  Grant Project Ordinance ORD2023-2024: 008 Town of] Erwin Storm water Management NCDEQ- - Division of Water Infrastructure S.L. 2023-134 Water/Sewer Directed Projects  BEITO ORDAINED by the Town council ofthe 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 adopt al 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 state 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  S6  Randy Baker Mayor  Town Clerk  lmlz    Kevin Tyndall Builders, Inc. 1014 West Core Road Dunn, NC: 28334 Phone # (910)237-4237  Estimate Estimate # 3838  Date 3/7/2024  yndalbuilders@embarqmail.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 newi 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 and] Labor  89,000.00  Total  $89,000.00    #9/  io io No  io fjo  Ko o io o  * MF  E423  REDH HILLO CHURCHF ROADS SUBDIVISION ERWI NC PRELIMINARY PLAT  ALD ARNOLDL LANDDESIGN    TOWN OF ERWIN P.O.1 Box 459- Erwin, NC28339 Ph: 910-897-5140- Fax: 910-897-5543 www.erwin-nc.org  Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David: L. Nelson William R. Turnage  RESOLUTION BY GOVERNING BODY  OF APPLICANT 2023-2024-006  WHEREAS, The Town of] Erwin, NC has need for and intends to construct, plan for, or conduct as study in aj project described as East Erwin Drainage Basin Mitigation Project - Phase 2, and WHEREAS, The Town of Erwin, NC intends to request State loan and/or grant assistance for NOW THEREFORE BE IT RESOLVED, BY THE BOARD OF COMMISSIONERS OF That Town ofErwin, NC, the Applicant, will arrange financing for all remaining costs oft the That the Applicant will provide for efficient operation and maintenance oft the project on That the Applicant will adopt and place into effect on or before completion oft the project a schedule of fees and charges and other available funds which will provide adequate funds for proper operation, maintenance, and administration oft the system and the repayment ofall That the governing body of the Applicant agrees to include in thel loan agreement aj provision authorizing the State Treasurer, upon failure oft the' Town of Erwin, NC to make a scheduled repayment oft the loan, to withhold from the Town of Erwin, NC any State funds that would otherwise be distributed to the local government unit in an amount sufficient toj pay all sums then Ifapplying for a regional project, that the Applicant will partner and work with other units of local government or utilities in conducting the project, including (not applicable). That Snow Bowden, Town Manager, the Authorized Representative and successor sO titled, is hereby authorized to execute and file an application on behalfoft the Applicant with the State of North Carolina for a loan and/or grant to aid in the study of or construction oft the project That the. Authorized Representative, and successors sO titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with such  thej project,  THE TOWN OF ERWIN, NC:  project ifa approved for a State loan and/or grant award.  completion of construction thereof.  principal and interest on the debt.  due and payable to the State as ai repayment of the loan.  described above.    application or the project: toi make the assurances as contained above; and to execute such other That the Applicant has substantially complied or will substantially comply with all Federal, State, and local laws, rules, regulations, ordinances, and funding conditions applicable to the  documents as may be required in connection with the application.  project and to Federal and State grants and loans pertaining thereto.  ADOPTED, this the 4th day of April, 2024.  ATTEST:  D6  Chunloea  Randy Baker Mayor  Lauren Evans NCCMC Town Clerk    8956  MINUTES CONTINUED FROM APRIL4.2024 PRESENTATION OF EMPLOYEE OF THE QUARTER Mayor Baker presented him with al Proclamation Plaque.  School Resource Officer William M. Smith was recognized as thel Employee oft the Quarter1 1of2024.  PUBLIC HEARING  Accessory Dwelling Unit' Text. Amendment  Commissioner Byrd made ai motion to open the Public Hearing and was seconded by Commissioner Town Planner Dylan Eure came forward and informed the Board that the Town Staff! has been working on an Amendment to Town Ordinances for Accessory Dwelling Units. This was ai request that was put in by al Mr. Rickey Davis of BARZ: Holdings, aj property owner within the' Town. Commissioner Byrd asked what the lot size requirements would be with this Amendment. Town Planner Dylan Eure stated that it would be double whatever the minimum requirements are: fort the Mayor Baker confirmed that ifit was an R6: zoning jurisdiction, which has a 6,000sqft lot requirement, the new requirement would be a 12,000 sqft lot with ai minimum of 100ft ofroad frontage. Commissioner Byrd asked if our current ordinance allows for one principal structure per lot.  Nelson. The Board voted unanimously.  applicable zoning. jurisdiction.  Town Manager Snow Bowden stated that this is correct.  Commissioner Blackmon stated that he is concerned that this will cause conflicting ordinances. Hei is also concerned with the size requirements and minimum housing code. Building code: requires certain square footage. He also stated he doesn't believe that a certified engineer can certify a house to be habitable, sO the Town needs to look at that as well. He stated that he did not think this would be a good thing for Commissioner Byrd asked ift this would be putting two: residences on less than 1/3 acre lots, and ifthere Town Planner Dylan Eure responded that yes, each municipality within Harnett County has a form of Commissioner Blackmon expressed concern about allowing accessory units as a dwelling but not as a  Erwin.  are other municipalities within Harnett County that allow this.  approved. Accessory Dwelling Units.  home occupation.  Mayor Baker asked ifa anyone was present to speak ini favor of the request.  Rickey Davis, ofBARZ Holdings, and thej petitioner for this Amendment, came: forward and addressed thel Board. He stated that he would like to see more affordable options for people within Erwin who need a second chance, and have nowhere else to go due to the current interest rates being tool high. The main reason he would like this to move forward is because oft the housing shortage and he would like to help people. He stated that hel has some properties that would bei ideal for this with existing structures. Hel has also stated that this would also bel beneficial for new graduates, like his daughter, who won'th be able to afford to purchase al home. It would also be a way to create additional income for property owners that  meet the square footage regulations.    8957  MINUTES CONTINUED FROM APRIL4. 2024  Mayor Baker asked ifMr. Davis has aj property that this proposed amendment would allow fora an Mr. Davis answered int the affirmative, and stated that he had the lot subdivided tol build ai newi residence. Thej property was an oldj junkyard and has since been cleaned up. He currently has an. ADUC on the property and renters within thej primary house and the ADU, without knowing that it was against the  additional dwelling.  Town Ordinance. Hei is now trying to get within compliance.  Mayor Baker asked ifanyone else was present to speak in favor oft thei request.  Marsha Woodard came forward. She stated that shei is al homeowner in Erwin, in ai multi-generational home, and had looked into getting an. ADU: for their property but was told that it is not allowable. She explained that while she is for allowing ADUS, she is concerned about additional parking, as well as how  many: individuals would be allowed to reside in an. ADU. Mayor Baker asked ift the Board had any additional questions.  Commissioner Blackmon stated that hel believes the concerni that Ms. Woodward raised about the parking and the number of people in the ADU is valid, and would have to look into minimum housing. Mayor Baker asked ifa anyone else was present to speak in favor oft the request. Mayor Baker asked ifa anyone else was present to speak in opposition to the request.  No one came forward. No one came forward.  Commissioner Blackmon made ai motion to close thel Public Hearing and was seconded by Commissioner Commissioner Blackmon expressed concern for this amendment. As currently written, there is nothing to address how many individuals can occupy the. ADU. How would assigning addresses to the. ADU for public safety calls bel handled? How would emergency services access the ADU? Commissioner Byrd asked what zoning classifications this would apply to.  Turnage. The Board voted unanimously.  There was discussion among thel Board, as well as reviewing the zoning maps and lot size requirements. Mayor Baker stated that he would like to see more. language added to the Amendment to address these Commissioner Blackmon asked ift there would be any requirements for the distance oft the. ADU from the  concerns. principal structure.  Town Manager Snow Bowden answered that it would be 10ft.  Commissioner. Byrd stated that he is worried about putting an undue burden on the surrounding homes, Commissioner Marbell asked that Town Planner Dylan Eure request and compile the guidelines from the Commissioner Nelson asked ifthis would allow for sheds to be used, since manufactured housing,  with parking issues.  surrounding Municipalities to get their requirements for ADU.  campers, and RVs are not allowable.    Public Hearing  Item 5A  Erwin Board of Commissioners REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners Subject: Accessory Dwelling Unit Text Amendment  From: Dylan Eure, Town Planner Date: April 4th, 2024  The Town of Erwin Staff has received a petition to amend its Code of Ordnances to allow for accessory dwelling structures in all residential districts by a Mr. Ricky Davis of BARZ Holdings, who owns rental properties within the Town ofl Erwin. Said amendment would add the proposed definition ofa accessory dwelling units to Chapter 36 Article 2 entitled Definitions, along with the proposed regulations within the same chapter under Article XV entitled General Provisions. The purpose ofthe said petitioned amendment is to increase the amount of affordable living options for those who may be priced out by the marketplace. Said amendment was authored by the property owner (Rickey Davis) and was written by the Erwin' Town Planner (Dylan Eure) as per the petition to amend the! Erwin Code of Ordinances requires. Per the 2023 Erwin Land Use Plan Goal 11 LUH 4.2 states that accessory dwellings are too be allowed and are desirable to increase  housing options.  Proposed Regulation: Accessory Dwellings:  1. Accessory dwelling units are permitted as an accessory use to a residential use in which 2. Accessory dwelling units must be able to conform to an additional fifty (50) feet of frontage in addition to the required frontage of the principal structure. 3. Accessory dwelling units shall have double the required lot size that is permitted within 5. The maximum size oft the accessory dwelling unit is lesser than fifty (50) perçent oft the living area of the principal structure or one thousand (1,000) square feet, whicheveri is 6. Accessory Dwelling must be a minimum of 101 feet from the side property and rear property lines or principal structure. Under no circumstance shall accessory dwellings be 7. Manufactured housing, campers, travel trailers, or any other recreational vehicles are not 8. Must contain complete kitchen facilities including a stove/cook top and ai full bath  iss subordinate to the principal structure.  the designated zoning district.  4. Only one (1) accessory dwelling is permitted per residency.  lesser.  placed within the front setback. permitted for use as an accessory dwelling. containing a lavatory, and tub or shower.    9. One off-street parking place shall be provided.  10. Accessory dwellings shall be built to North Carolina Building Standards or have been certified by al licensed engineer that the structure is suitable for habitation. 11.Accessory dwellings must be on the separate water and utilities as thej principal structure. 12. Any accessory dwelling unit that is being built must be done by a certificated general  contractor as required per NC General Statute Chapter 87.  Proposed definition of an accessory dwelling unit:  A detached smaller, self-contained home that is subordinate to the principal structure and built to North Carolina Building Code for the purpose of occupying and or renting by the property  owner.    OF EAL  Town of Erwin  Zoning Text Amendment Application  Planning & Inspections Department  PO Box 459, 100 West FS St, Erwin, 2839-910:897510-Fxt 910-897-5  Applicant Name Applicant Mailing Address Applicant Contact Phone Applicant Email Zoning Ordinance Section Number amendment.  Rekey Oavis 7Aaz ldins LLC 7747P srhl ihy NL 21191  951-796 8753 Khy7HAwn  In the space provided below, or on a separate sheet of paper, please state the nature oft the proposed text  Biky De Applicant sl Name (Print)  3uky Date  Applicant's Signature (Sign)  Administrative Official's Comments and Additional Requirements:  In the space provided below, or on a separate sheet of paper, provide the language proposed by Staffand authorized by the applicant for consideration ofthel Planning Board and! Board of Commissioners.  Lhck OAuss  dol hereby certify that the language as herein provided and prepared by  the' TownofErwin Staff does meet the intent, in all respects, ofr my proposed Zoning Ordinance' Text Amendment; and authorize the same to bej presented to the' Town of] Erwin Planning Board and Board of  Commissioners for their consideration of approval.  Biker OAv Applicant" s1 Name (Print) $300 Feel Paid: h222  3/ey Date  Signature (Sign)  L  S Ordinance. Amendment. Fee! Must Accompany Application and Bel Paid Priort to Scheduling for a consideration by Boards.  Date Paid: WARRA  StaffI Initials: 1  Text Amendment Application  Dec2012  Pagelof1    nortb ERWIN  3.3: Encourage subdivisions with larger lots and/or higher amounts of open space to 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 ar mix of higher-density housing types to locate in Commercia/Mixed Use areas or near US421. 4.2: Allow a variety of small-scale attached housing types (accessory dwellings, duplexes, quads, townhomes) on well-located sites in Consider allowing townhomes in 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 B Encourage alley-loaded attached units with front porches and on-street parking tol 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.  September 7. 2023  Town of Erwinl Land Use Plan 51    NOTICE OF PUBLIC HEARING The Town of Erwin Board of Commissioners will conduct af Public Hearing on thet following item pursuant tol NC General Statute 160D-406, on Thursday, April 4, 2024, at7:00 PM. in the Erwin Municipal Building Board Room located at 100V West F Street, Erwin, NC 28339. Questions can be addressed to the Town Planner Dylan Eure at 910-591-4201 or by email at deure@erwin-nc. Text. Amendment to Chapter 36 Zoning, Article XX Administration and Enforcement, Section 36-584.- Penalty ini the Town of Erwin Code of Ordinances. Text Amendment to Chapter 36 Zoning, Article Il- Definitions ini the Town of Erwin Code of Ordinances. Text Amendment to Chapter 36 Zoning, Article I Definitions and Article XV. -General Provisions in the Town of Erwin Code of Ordinances. Text Amendment to Chapter 12 Environment, Article IV.-Weeds, Hedges, Tall Grass, and Other Vegetation, Section 12-92. - Definitions. These cases are available for review at the Erwin Town Hall. All persons desiring tol be heard either for or against the proposed items setf forth above are requested tol be present at the above-mentioned time and place.  org.  3/19,26/2024    TOWN OF ERWIN P.O. Box 459-E Erwin, NC28339 Ph: 910-897-5140 Fax: 910-897-5543 www.erwin-nc.org  Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell William R. Turnage  ORDINANCE OF THE TOWN OF ERWIN, NORTH CAROLINA Charles L. Byrd AMENDING CHAPTER: 36. ARTICLE II.-] DEFINITIONS AND David L. Nelson  ARTICLE XV.- GENERAL: PROVISIONS  ORD 2023-2024: 008  WHEREAS, the current language of Chapter 36 Article II.- Definitions does not define WHEREAS, the current language of Chapter 36 Article XV.- General Provisions does not WHEREAS, the' Town ofErwin wishes to add dictation to Chapter 36, Article II.- Definitions, and Article XV.- General Provisions in order to better reflect the desired  Accessory Dwelling Units; and  include regulations regarding Accessory Dwelling Units; and development within the Town's Planning Jurisdiction; and WHEREAS, the Town ofl Erwin wishes the amendment to read:  ARTICLE IL.- DEFINITIONS  Accessory Dwelling Unit is a detached smaller, self-contained home that is subordinate to the principal structure and built to thel North Carolina Building Code for the purpose of occupying and/or renting by the property owner.  ARTICLE XV.- GENERAL PROVISIONS Sec. 36-446.-4 Accessory Dwellings  1.Accessory dwelling units are permitted as an accessory use to a residential use in 2. Accessory dwelling units must be ablei to conform to an additional fifty (50) feet of frontage in addition to the required frontage of the principal structure. 3. Accessory dwelling units shall have double the required lot size that is permitted 4.Only one (1): accessory dwelling is permitted per residency. 5. The maximum size oft the accessory dwelling unit is less than fifty (50) percent of thel living area of the principal structure or one thousand (1,000) square feet,  which is subordinate to the principal structure.  within the designated zoning district.  whichever is less.    6.A Accessory Dwelling must be a minimum of10 feet from the side property and rear property lines or principal structure. Under no circumstance shall accessory 7.1 Manufactured housing, campers, travel trailers, or any other recreational vehicles 8. Must contain complete kitchen facilities including as stove/cooktop and a full bath 10. Accessory dwellings shall be built to North Carolina Building Standards or have been certified by a licensed engineer that the: structure iss suitable for habitation. 11. Accessory dwellings must be on the separate water and utilities as the principal 12. Any accessory dwelling unit that is being built must be done by a certificated general contractor as required per NC General Statute Chapter 87.  dwellings be placed within the front setback. are not permitted for use: as an accessory dwelling. containing a lavatory, and tub or shower. 9. One off-street parking place shall be provided.  structure.  NOW,THEREFORE, BE: IT ORDAINED by the Board of Commissioners of the Town of Erwin, North Carolina that the language as herein found with respect to Chapter 36, Article II.-I Definitions; and Article XV.- General Provisions oft the Town Code is indicated by bold  print.  Adopted this 4th day of April 2024.  ATTEST:  Randy Baker Mayor  Lauren Evans, NCCMC Town Clerk    8958  MINUTES CONTINUED FROM APRIL4,2024  Town Planner Dylan Eyre stated that the sheds would be allowed as long as they are updated and made to Commissioner Byrd made ai motion to tablet until the following Board! Meeting, which was seconded by  meet housing requirements.  Commissioner Turnage. Thel Board voted unanimously.  OLD BUSINESS  Historical Bench Program  Commissioner Blackmon wanted to discuss thel Historical Bench Program Committee. Who would be Mayor Baker stated that we would probably need to have those interested fill out an application and it would be presented to the Board to place those members on the Committee, similar tol how we approve Town Manager Snow Bowden clarified that this basic outline was to be able to start putting an application together and soliciting potential members to form a committee and identify areas toj put benches. Commissioner Blackmon made ai motion for thel Resolution to establish the Erwin Historical Bench Committee, which was seconded by Commissioner Byrd. Thel Board voted unanimously.  appointing this committee and what would their specific roles be?  Planning Board and Recreation Board members.  PUBLIC COMMENT No one was present to speak. MANAGER'S REPORT  Town Manager Snow Bowden informed the Board:  He has ai meeting on Friday, April 5h with Harnett Regional Water to discuss thej projects involving the St. Matthews Road water/sewer line extension. This involves the $1 million grant that the' Town ofl Erwin received from the State that was transferred to Harnett Regional Water. He will also be discussing the downtown water line improvements as well.  We are starting to get into event season. Rail Trail on Saturday, April 6th.  Thel Neil S. Steward Masonic Lodge willl be holding a clean-up event on thel Dunn-Erwin The annual Erwin Remembrance Ceremony will bel held on Tuesday, April gth at 6j pm at AI Woodall Park, in honor oflives lost in our community this past year. Thel Habit forl Humanity will be hosting a 5K run on the Rail Trail on Saturday, April Thel Erwin Area Chamber of Commerce is hosting the 3rd Annual Jow Tart golf Thel Erwin Area Chamber of Commercei is hosting their' Touch-A-Truck event on Saturday, May 11th. The event willl bel heldi int the morning, in the parking lot at the He has submitted all requested documentation tol Harnett County for the $50,000 grant that the Town will receive from the State ofNC that will be funneled through Harnett County. We will be using the funds from this grant fori improvements to. Al Woodall Park. Wev will need to approvea  13th.  tournament at Chicora on' Thursday, May 2nd. Central Carolina Industrial Park.    TOWN OF ERWIN P.O. Box 459 Erwin, NC 28339 Ph:910-897-5140 * Fax: 910-897-5543 www.erwin-nc.org RESOLUTION ESTABLISHING THE ERWIN HISTORICAL BENCH  Mayor Randyl L. Baker Mayor Pro Tem Ricky W.) Blackmon Commissioners Alvester L. McKoy Timothy D.] Marbell Charles L. Byrd Davidi L. Nelson William R. Turnage  COMMITTEE 2023-2024--005  WHEREAS, the Town of 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 ist the belief of Citizens that they should be allowed toj purchase benches to bei installed within areas ofl historical significance through solicitation oft the Town of Erwin; and WHEREAS, iti is the belief of the Erwin Board of Commissioners and' Town Staff that locations of historical significance to the' Town be: memorialized toj preserve its rich history and to retain its character through growth and development to continue to share Erwin's deep historical roots. THEREFORE, the Erwin Historical Bench program be established toi memorialize historical locations THEREFORE, the Erwin Historical Bench Committee will be established to manage requests and locate THEREFORE, BEI ITI RESOLVED that the recommended policies and guidelines be adopted and enacted in regards to thel Erwin Historical Bench Program to ensure that historical locations within the  Erwin ist today at its current state; and  within Town tol 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:  Coz  Baker Randy Mayor  Lauren Evans Chus Town Clerk  NCCMC  EESE    8959  MINUTES CONTINUED FROM APRIL4.2024  grand project ordinance in the coming months. Wei intend toi resurface both tennis courts and will bet turning one ofthose tennis courts into two pickleball courts with this grant. Town Staffis planning to schedule a few open houses to discuss the potential HWY 421 Overlay district. We: are. hoping to get them scheduled in April and/or May. Town Staffl has submitted our grant application for ai multi-modal planning grant with a focus on ab bike-pedestrian plan. We submitted an application with numerous letters of support from key stakeholders and organizations in the community. Dylan did a great job with this application. We should seei if we were given the grant or noti in. June oft this year. We are still waiting on an update from the State ofNC on the storm water management plan Town Engineer Bill Dreitzler is supposed tol have ai recommendation prepared to share with Town Manager Snow Bowden next week on what needs to be fixed with the We: should have an update on the West K Street project for thel Board at our April Hei is continuing to work on updates toi the proposed FY24-25 budget. He expects to learn about health insurance costs soon, which will help al lot. Finance Officer Linda Williams and he learned Wel have a virtual meeting next' Thursday to: review the updated proposed flood maps that will He willl be attending a' Triangle Trails meeting towards the end oft the month. We are continuing He will be attending ai meeting on April 25th tol learn more about aj potential opportunity to: submit aj proposal for the 2024 Defense Community Infrastructure Program. This is aj program that has been around for a while. The Town would pay for the construction materials and the federal government provides the staff to build out the infrastructure. There are many details that would Hej plans on sending in some updated numbers to the State ofl NC by tomorrow for the grant that we: received for the park expansion project. We: are planning on using aj portion oft this grant to o Hej plans on: reaching back out to the property owners of the land that is adjacent to Field #4 to see ifthe' Town could purchase that parcel of land as well, for future use. Mayor Baker, Commissioner McKoy, Commission Nelson, and' Town Manager Snow Bowden attended thel NCLM Town and State Dinner on Wednesday, March 27th. They had a good conversation about some of our needs with Representative Penny and Senator Burgin. Commissioner Nelson and' Town Manager Snow Bowden attended the Mid-Carolina Regional Council Annual Dinner on' Thursday, March 28th. They had a good conversation with Representative Penny and other local stakeholders. Commissioner Nelson will be serving as the municipal representative forl Harnett County on thel Mid-Carolina Board this upcoming year. By April 7th, ifthe Town doesn't have any feedback or complaints, thel Bayles Street extension Mayor Baker reached out to NCDOT and found out that Old Post Road was moved up to be resurfaced in 2024. It was originally slated for 2025 but due to the condition oft the road, has been  grant.  drainage on North gth Street. workshop meeting.  al lot from the finance training they attended earlier int the month. have an impact on a few parcels in our Town Limits and ETJ. We have our final CORE: meeting on Tuesday, April 23rd from 12-2pm. to explore opportunities to better connect the Dunn-Erwin Rail Trail.  need tol bel learned before going into too much detail. pay for thei new parking lot at Al Woodall Park.  will officially be closed.  Wea are still waiting on an update for FAMPO.  moved up.    MINUTES CONTINUED FROM APRIL 4,2024  ATTORNEY'S REPORT GOVERNING COMMENTS  Town Attorney Tim Morris thanked the Board for allowing him to be their Town. Attorney. Commissioner McKoy stated that he would like to see any park funds left over from the Al Woodall project to be used for a barrier at Porter Park. Hei is worried about someone getting hurt. He would also Mayor Baker stated that he would like to congratulate Commissioner Blackmon on the birth ofhis fourth  like to see the parking lot that faces 13th Street repaved and restriped.  grandchild.  Commissioner Byrd thanked the Town Employees for all thel hard work they do. Commission Nelson echoed Commissioner Byrd. He appreciates the Town Staff and the Police Department for their outstanding work. He appreciates thei residents who come out to voice their opinion, Commissioner Turnage stated that he appreciates thel hard work that Code Enforcement Officer Chris Jones has been doing. When citizens go see him, he is trying to get things done. He wouldj just reiterate that the Gettin' Place needs to be dealt with. He would like some advice from the Town. Attorney on how Mayor Baker echoes the appreciation for the Town Staffand Citizens. He'd like to remind everyone of the upcoming events- the workshop and the Remembrance Ceremony. Ms. Lauren! Evans has put in al lot  asi iti means al lot.  tol handle the situation. He appreciates the hard work that the Town Staff does.  ofwork for the ceremony andi iti is appreciated.  ADJOURNMENT Thel Board voted unanimously.  Commissioner Nelson made a motion to adjourn at 7:47 P.M. and was seconded by Commissioner Byrd.  MINUTES RECORDED AND TYPED BY KATELAN BLOUNT DEPUTYCLERK  ATTEST:  QEE Katelan Blount Deputy Clerk  ER  Mayor