THE ERWIN BOARD OF COMMISSIONERS AUGUST 2024 REGULAR MEETING THURSDAY, AUGUST 1, 2024 @ 7:00 P.M. ERWIN MUNICIPAL BUILDING BOARDROOM AGENDA 1. MEETING CALLED TO ORDER A. Invocation B. Pledge of Allegiance 2. 3. AGENDAADJUSTMENTS/APPROVAL OF AGENDA CONSENT AlI 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 removed from the Consent Agenda and considered under New Business. A. Regular Meeting on June 6, 2024 (Page 3) B. Regular Workshop on June 24, 2024 (Page 11) C. Demolition oft the Depot (Page 16) E. Surplus Town Owned Equipment (Page 20) G. Flock Camera Contract (Page 24) D. 301 St. Matthews Road- Martin Edwards & Associates (Page 17) F. Turlington Johnson Annexation- Public Hearing Resolution (Page 21) H. DM2 Retainer Contract Extension FY: 2024-2025 (Page 77) 4. 5. 6. PROCLAMATION RECOGNIZING THE ERWIN 15U BOYS JR. LEAGUE RECESS FOR REFRESHMENTS IN RECOGNITION OF OUR HONOREES BASEBALLTEAM PUBLIC: HEARING B. CCIP Variance (Page 85) NEWBUSINESS A. SRP-S-134-0117 Resolution PUBLIC COMMENT A. Duplex, Multi-Family- RMV- Special Use (Page 80) C. Demolition of 601 Lucas Road (Page 101) 7. 8. Each speaker is asked to limit comments to 3 minutes, and the requested total comment period will be 15 minutes or less. Citizens should. sign upi prior to the. start ofthe meeting. Please provide the clerk with copies ofany handouts you havej for the Board. Although the Board is interested in hearing. your concerns, speakers should not expect Board action or deliberation on the. subject matter brought up during the Public Comment segment. Thank you) for your consideration ofthe Town Board, staff and other speakers. $160A-81.1 9. MANAGER'S REPORT 10. ATTORNEY'S REPORT 11. CLOSED SESSION A. Pursuant to General Statute 143-318.11(a)(3): for the Purpose ofPreserving the Attorney-Chent Privilege 12. ADJOURNMENT NACCORDANCE WITHADA. REGULATIONS, PLEASENOTETHATANYONE WHONEEDSAN ACCOMMODATIONTO, PARTICIPATE. INTHE. MEETING SHOULDI NOTIPFTHETOWNCLERKAT/9IO, 591-4202. ATLEAST4 48. HOURS PRIOR: TOTHE MEETING.** 9002 ERWIN BOARD OF COMMISSIONERS REGULAR MINUTES AUGUST 1, 2024 ERWIN, NORTH CAROLINA Thel Board of Commissioners fort the Town of Erwin with Mayor Baker presiding held its Regular Meeting in the Erwin Municipal Building Board Room on Thursday, August 1,2024, at 7:001 P.M. in Board Members present werel Mayor Randy Baker, Mayor Pro Tem Ricky Blackmon, and Commissioners Town Manager Snow Bowden, Town Clerk Lauren Evans, Town Attorney Tim Morris, Town Planner Dylan Eure, Code Enforcement Officer Chris. Jones, and Police Chief. Jonathan Johnson were present. Erwin, North Carolina. Timothy Marbell, Charles Byrd, David Nelson, Billy' Turnage, and Alvester. McKoy. Mayor Baker called thei meeting to order at 7:001 PM. Commissioner McKoy gave the invocation. Commissioner Nelson led the Pledge of Allegiance. AGENDA ADJUSTMENTIAPPROVAL OF AGENDA Town Manager Snow Bowden requested to add New Business after Public Hearing Item A. SRP-S-134- 0117 Resolution to authorize the Town Manager to execute documents required by the State for this Commissioner Blackmon made ai motion to approve the agenda as amended and was seconded by stormwater grant. Commissioner McKoy. The Board voted unanimously. CONSENT Commissioner Blackmon made a: motion to approve (ITEM A) Minutes ofl Regular Meeting on June 6, 2024 (ITEM B). Minutes of] Regular Workshop on June 24, 2024 (ITEM C) Demolition oft the Depot (ITEM D) 301 St. Matthews Road- Martin Edwards & Associates (ITEM E) Surplus Town Owned Equipment (ITEM F)Turlington Johnson Annexation- Public Hearing Resolution (ITEM G) Flock Camera System (ITEM H) DM2 Retainer and was seconded by Commissioner Byrd. The Board voted unanimously. PROCLAMATION RECOGNIZING THE ERWIN 15U BOYSJR. LEAGUE BASEBALLTEAM Thel Erwin 15U Boys Jr. League Baseball Team and their coaches were recognized for their outstanding season. Commissioner Nelson presented them with a Proclamation Plaque. The Proclamation is part ofthese minutes as an attachment. Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: August 1,2024 Subject: Demolition oft the Depot Instruct the Town Manager to obtain bids to demolish the Depot. The Townl Manager will also need to have an asbestos inspection completed on1 the structure before it can be demolished. OF TOWN OF ERWIN Post Office Box 459 Erwin, NC 28339 (910)897-5648 019 PLANNING/INSINSPECTIONS DEPARTMENT July 18h, 2024 @ 2:00 PM Town of Erwin Town Hall Conference Room Bid Opening Date/Time: Bid Opening Location: Property Address: 301 St. Matthews Road (HC Tax PIN # 1507-32-9623.000) Your may hand deliver your bid to: Town of Erwin Attn: Chris P.. Jones, Codel Enforcement Officer 100 West F Street, PO Box 459 Erwin, NC: 28339 Towno ofErwin Attn: Chrisl P.. Jones, Code Enforcement Officer 100 Westl F Street, PO Box 459 Erwin, NC28339 or youmay mail your bid to: Bids not received by the time and date listed above will be rejected. Certain clearance activities aret tot takep place upont thel lote described above. These: include thoses services whicha arei marked with an. X. Clearance ofBuildings, Debris and Lot Clearance ofLot Only Clearance ofAII Buildings Clearance ofEntire Lot X Clearance ofOnly thel Following) Buildmg: Single-family: structure with condemmationnotice) placed ons structure Clearance ofthe Following Portion ofLot: X Additional Specific Directions: Contractor will be responsible for seeding disturbed areas. DERINITIONS: bricks Building Clearance The complete removalofall! building materials fromi the bt including foundation, slabs, blocksa and Lot Clearance - The removal ofallunderbrush, trash, junk, trees less than 6'indiameterdownt toi thel bare ground int the immediate area ofthe structure unless otherwise specified above. RESTONSIBIDITIES OF CONTRACTOR INCLUDE: Coordinate with utility companies for the discomection ofallt utilities and power and phone lines. (X) Obtain anypermits required fromt the' TownZoningAdmhnsior, the CountyBuilding/ Inspection Officeandte (X) The lawful disposal, at an approved disposal site, ofall building materials, trash and brush removed from lot. Provide the Code Administrator with copies ofal disposal trip tickets. Burmg gorbuyingofanydebriss County Health. Department. not permitted. RESPONSIBILTES OF CONTRACTOR INCLUDE: (continued) (X) Grading and smoothing disturbed areas (to accommodate aj push mower), sowing grass and covering sown NOTE: Prior to commencing this project, the awarded contractor will be required to provide a current Certificate ofl Iunsurance submitted to the Town ofl Erwin, Planning Department attention Chris P.Jones. areas with sufficient straw to completely cover ground. A. Threshold Requirements a. Evidence ofInsurance is required to be maintained in full effèct at no additional cost to the' TownofErwin for the duration ofthis contract the following minimum amounts ofinsurance: ( Commercial General Liability with limits not less than $500,000; Worker's Compensation as specified by State Law; Emplyer'sliabity with limits not less than $1,000,000 each occurrence; iv. Automobile 1. Property Damage Liability with limits not less than $1,000,000 per occurrence. Prior to commencement ofwork, Contractor shall: furish to the Towna copyofthe Certificate of Insurance from: itsi insurance carrier verifying these coverage amounts andi that shows the' Townof vi. The contractor willl hold and savei the Town ofErwin, its officers, agents and employees harmless b. Conficto ofInterest Statement & Supporting) Documentation: Respondent shall disclose any professionalor personal fnancial interests that myveaconfictofmicerest inrepresentingt the' TownofErwin. Inaddition, all Respondents shall further disclose arrangement to derive additional compensation from various 2. Bodily Injury $500,000 each person Erwin as an additional Insured ont the Certificate ofInsurance. from any liability ofanyl kind while performing under this contract. investment and reinvestment products, including financial contracts. Please fill out this bid formand return all pages by thel Bid Date shown at the top ofpage 1. Chris P.. Jones Code. Administrator 910-591-4204 cpiones@erwm-ncorg 2 PLEASEPRINTTHEFOLLOWINGINFORMATION: Bidder Information: Company Name Marhin Eduardst Assoriates Inc. Address PO Bay 35 Enwin NC 28339 Phone 910- 541-7420 1.Iwill perform the above described services for a gross bid fee of$ 2500, .00 2. Inaddition, Iamy willing to deduct the sumof$ C fors salvageable building/other materiabtaken fromt thes site andi ink lieuofacashpayment. Thesematerials willl bet used to offset the above gross demolitionl bid priceas indicated below. Item 1 (Gross Bid fee)$ 3500,00 Subtract Item 2 (Salvage Materials) $. 0.00 Mynet bidi is$ 2500,00 two Hhousand five hundred Dollavs Dollars (My Net! Bidi in words) Ashlu Dunn Printed Name ofCompany Representative KP Signature ofCompany Representative 3 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 Surplus Equipment List Police Department July 22 2024 All Used Generation 4 Glock model 22. .40 caliber handgun with 3 magazines, sights, box, and grips. 1. Serial #: STT453 2. Serial #: YCC951 3. Serial #: BHFB809 4. Serial # BCKV915 5. Serial # BFFS235 6. Serial #: BFAZ517 7. Serial #: STT451 8. Serial #: PFT896 9. Serial #: STT455 one magazine 1. Serial #: FWP4283 1. Serial #: L2866473 2. Serial #: L2401788 3. Serial #: L2407260 4. Serial #: L2788126 Smith and Wesson SD9VEI Handgun (Court Order released to PD for use or sale) with Winchester Model 1300 Defender 12 Ga. Shotgun. Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: August 1, 2024 Subject: Voluntary Annexation- Turlington Johnson At our regular June Town Board meeting Town Staff presented a voluntary annexation request for four parcels that are non-contiguous. The four parçels are aj part of a potential development that includes eight other parcels. The eight other parcels are in our outside our town limits as well but they are within our Extraterritorial Jurisdiction (ETJ). The potential developers would like tol have all 12 parcels under the same zoning. jurisdiction. The eight parcels that are in our ETJ are located in our Rural District (RD). Ifwe moved: forward with the annexation process for the four requested parcels they would be zoned RD. The developers mentioned that once they started the development process they would like to move forward with having the eight other tracts of land in our ETJ annexed to our Town Limits. But that is not a guarantee and we cannot mandate that they request to be voluntary annexed. Ift they wish to receive town services for the eight parcels in our ETJ they would need to request to have them annexed. Attachments: Certificate of Sufficiency Resolution Fixing Date of Public Hearing Action Recommended: Accept the Certificate of Sufficiency from Deputy Town Clerk and Approve the Resolution Fixing Date ofl Public Hearing on Question of Annexation. CERTIFICATE OF SUFFICIENCY To the honorable Mayor and Board of Commissioners oft the Town of Erwin, North Carolina: I,Katelan Blount, Deputy Town Clerk, do hereby certify that I have investigated the attached petition and hereby make the: following findings: a. b. C. d. The petition contains an adequate property description of the area proposed for The area described in the petition is non-contiguous to the Town of Erwin's The petition is signed by and includes the address(es) of all owners of real annexation in the form of metes and bounds. primary corporate limits, as defined by G.S. 160A-58.1 property lying int the area described therein. Other findings In witness whereof, I have hereunto set my hand and affixed the seal oft the Town of Erwin, this the 22nd Day of. July, 2024. Eutctu wrb (SBAL) Katelan Blount Deputy Town Clerk TOWN OF ERWIN P.O. Box 459. Erwin, NC2 28339 Ph:910-897-5140- Fax: 910-897-5543 www.erwin-nc.org RESOLUTION FIXING DATE OF PUBLIC. HEARING ON QUESTION OF ANNEXATION PURSUANT TO G.S. 160A-31 2024-2025---001 Mayor Patsy M. Carson Mayor Pro Tem Randy L. Baker Commissioners William R. Turnage Thurman E. Whitman Alvester L. McKoy Ricky W. Blackmon WHEREAS, aj petition requesting annexation oft the area described herein has been received; and WHEREAS, the Mayor and Board of Commissioner of the Town of Erwin has by resolution directed the Deputy Town Clerk toi investigate the sufficiency of the petition; and WHEREAS, certification oft the Deputy Town Clerk as to the sufficiency of the petition has been NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Commissioner of the made; Town of Erwin, North Carolina, that: Section 1. Section 2. A public hearing on the question of annexation of the area described herein will be held at the Erwin Town Hall, 100 West F Street, Erwin, NC 7:00 PM. on Thursday, September 5, 2024. The area proposed for annexation is described as follows: Avery Road- HC Tax PIN: 0588-82-5111 Avery Road- HC Tax PIN: 0588-82-7366 Avery Road- HC Tax PIN: 0588-82-0344 Avery Road- HC Tax PIN: 0588-81-3955 Section 3. Notice of the public hearing shall be published in the Daily Record, a newspaper having general circulation in the Town of Erwin, at least ten (10) days prior to the date oft the public hearing. Adopted this 1* Day of August 2024. ATTEST: chun a Euena NCCMC KSE Randy Baker Mayor Town Clerk 23 Firefox about:blank Docusign Envelope ID: 1917ABED58C34F708DIC-BBCAZICED8I2 Flock Safety + NC- Erwin PD Flock Groupinc. 1170 Howel! MillRd. Suite 210 Atlanta.GA 30318 MAINCONTACT: Taylor Ellison 6Alwcsiutan 7049426362 fiock safety 1of10 9/23/2024, 2:56PM Firefox about:blank Docusign Envelope ID: 9TABED.8C34F708DICBPCAZICEDSTZ Company Overview AtF Flock Safety, technology unites! law enforcement: andt the communities they serve toe eliminate crime and shapea as safer future, together. We createdt the firstp publics safetyo operatings systemt toe enable neighborhoods, schools, businesses, and law enforcement tov work together too collect visual, audio, and situational evidence across ane entire city tos solve andp prevent crime. Our connected; platform, comprised ofL License Plate Recognition (LPR), live video, audio detection, anda as suite ofi integrations (AVL, CAD& more), alerts law enforcement whena ani incident occurs andt turns unbiased datal into objective answers that increase case clearance, maximize resources, andr reduced crime - allv without compromising transparency or human privacy. Joint thousands ofa agençies reducing crime with Flock Safety'sp publicsafety operating system 2000+ public partnerships 120 1B+ month <60%* inF Flock cities communities with private- incident alerts/ /minute "Accordingtoa: 2019 study conducted by Cobb County Police Department 1B+vehicles detected/ <60% local crime reduction Introduction Layer Intelligence to Solve More Crime The pathwayt toas saferf futurel looks different fore every community. As such, this proposal presentsa a combination ofp products thats specifically: addresses your publics safetyr needs, geographical layout, sworn officer count, and budget. These components make upy your custom publics safety operating system, a connected devicer network ands software platform designedt tot transform real-time datai into a panoramic view ofy yourj jurisdictiona and! helpy youz zero Inc ont the! leads that solve more cases, preventf future crimes, andf fostert trusti int thec communities) you serve. Software! Platform network ofc devices. Flock Safety's out-of-box: softwarer platform collects andr makes: sense ofv visual, audio, and situational evidence across youre entire 2of10 9232024,2:56PM Firefox about:blank Docusign Envelope! ID: 9I7ABED.S8C34F7080IC-BXCAZICEDSI2 Out-of-Box Software Features Simplifled Search Geta a complete view ofa alla activityt tiedt toc onev vehiclei iny your network ofp privately and publicly owned cameras. The user- friendly searche experience allows officerstof filter hours off footagei in seconds based ont time, location, and detailed vehicle criteria using patented Vehicle Fingerprint" technology. Searchf filters include: Vehicler make Bodyt type Color License plates Partialt tags D Missingt tags Temporaryt tags Stater recognition Decals Bumper stickers Backr racks Topr racks National and Local Sharing Access 1B+ additional plate reads each monthy without purchasing more cameras. Solve cross-jurisdictiont crimest by optingi Into Flock Safety's sharing networks, including one- to- one, national, and: statewide searchr networks. Users cana also receive alerts from severale external LPR databases: Californias SVS FDLE FLExpiredl Licenses FLExpired7 Tags FL. Sanctioned! Drivers FL Sex Offenders Georgia DOR ILSOS llinois Leads NCIC NCMEC Amber Alert REJIS CCIC FBI Real-time Alerts Interactivel ESRI Map Vehiclet LocationA Analysis Receive! SMS, email, andi in-app notifications for custom) Hot Lists, NCIC wanted lists, AMBER alerts, Silvera alerts, Vehicle Fingerprint matches, andr more. View your AVL, CAD, traffic, and LPR alerts alongside! livec on- scene videot from a singlei interactive mapf for al birdseye view ofa activityi iny yourj jurisdiction. Visualize sequential Hot Lista alerts and the direction oft travel to guide officerst tof find suspecty vehiclesf faster. 3of10 9232024,2:56PM Firefox about:blank Docusign Envelope ID:1 19I7ABEDS8C34F7080IC-89CAZICED87Z Out of Box Software Features (Continued) Transparency! Portal insights Dashboard Native MDT Application Hot List Attachments Establisho community trust witha ap public-facingo dashboard that shares policies, usage, and publics safetyo outcomes relatedt to yourp policing technology. Access at-a-glancer reporting toe easily prove ROI, discover crime andt trafficp patterns andp prioritize changest toy your public safetys strategy by using data toc determine ther most signifiçanti impact. DownloadF FlockoStoy your MDTstoe ensure officers never miss al Hotl List alert while out onp patrol. Attachr relevant informationi to Custom Hotl List alerts. Give simple, digestible context tot Dispatchers and Patrol Officers respondingt tol Hot Lista alerts sot they cana acto confidently: and drive better outcomes.) Wheny you createac custom Hotl List Alert, add case notes, photos, reports, ando otherr relevant Increase your logins speeda andi information: securityy with Okta or Azure Single Sign On( (SSO). Quickly access critical information) your needt to doy your) jobb bye eliminatingt the need forp password resets ands stepsi int thel log-inp process. casei information. Single Sign On (SSO) 4of10 9232024,2:56PM Firefox about:blank Docusign Envelope ID: 9IABED88C34F70BDICBVCAZICEDSTZ Licenser Plate Recognition The Flock Safety Falcon" LPR camera uses Vehicle Fingerprint" technology tot transform! hours off footagei into actionable evidence, eveny whena al license piatei isn't visible, ands sends Hotl List alerts tol law enforcement users whena as suspect vehicleis detected. Thel Falcon! hasf fixeda andI location-flexible deployment options with: 30%r more accurate reads than leadingLPR.* *Results from the 2019s side-k -by-sidec comparisont testo conducted by LACounty! Sheriffs Department Flock SafetyF Falcon"LPR Camera Flock Safety Falcon" Flex idealf for your ever-changing investigative needs. VILPRO Camera VUnlimited! LTE data service+ +s software licenses Vip portable mount with varying-sized band clamps Flock SafetyF Falcon* LR Fingerprint datai fori increasing investigative leads onh high-volume roadways like highways andi interstates. V1L Long-Rage LPR Camera VComputing device inp protective poly case VACPower VPermitting, installation, and ongoing maintenance Fixed,i infrastructure-free LPR camera Location-flexible LPR camera designed Long-range, high-speed LPR camera designed for permanent placement. for fast, easy self-installation, whichis that captures licensep platesa andy Vehicle V1 Standard LPR Camera VUnlimited LTE datas service+F Flock oS platform licenses V1DOTE breakaway pole VDuals solar panels maintenance VPermitting, installation, and ongoing V1Chargerf fori internalbattery Vihardshell carrying case 5of10 9/23/2024, 2:56P PM Firefox about:blank Docusign Envelope ID: 9TABED.S8C34F7080IC-B9CAZICED8I2 Your Flock Safety Team Flock Safetyi is moret than a technology vendor; wea area a partneri iny your missiont tob buildas saferf future. We work with thousands ofl law enforcement: agencies across the USt tok build stronger, safer communities that celebratet the! hardy work of those who serve and protect. We don't disappear after contracts ares signed; wep pridec ourselves onk becoming: ane extensiond of your hard-working team as part ofc our subscription: service. Implementation Meet witha aSolutions Consultant (former LEO)tob builda deployment planb basedo ony your needs. Our Permitting Team and Installation Technicians will work tog gety your device network approved, installed, anda activated. Your designated Customer Success Manager willl helpt train your power users ande ensure your maximize thep platform, while our customer supportt team willa assist withr needs as Wep proactively monitor the! health ofy your device network. If we detect that a device is offline, af full-time technician will servicey your devicet forr noe extra charge. Note: Ongoing maintenance does not apply to Folcon Flex devices. Government. Affairs Get support educating your stakeholders, includingcity councils and other governing! bodies. Media Relations Sharec crimes solvedi int thel local mediav witht thel help ofd our Public Relations team. User Training+ Support Maintenance theya arise. Public Relations 6of10 9232024,2:56PM Firefox about:blank Docusign Envelope ID:1 9I7ABEDS8C34F7080ICBACAZICEDSTZ fi'ock safety EXHIBIT A ORDER FORM Customer: NC-ErwinPD Leyal Entity Name: NC-Erwin! PD Accounts Payable Email: liohnsum@enwinmcors Hardware and Software Products Annualr recurring umounts overs subscriptiont tem Flock Safcty Platform Flock Safety Flock oS Flockos TM. Essentials Flock Safety LPRI Products Flock Safety Falcon de Solar Falcon BIR Initial Term: 24Months Renewal1 Term: 24Months Payment Terms: Net30 Retentionl Period: 301 Days Address: 100 WestFSt Erwin, North Carolina 28339 Billing Frequency: Annuall Plan- First Ycar Invoiced: al Signing. $21,000.00 Included Included Included Included Included Included 6 Professional Services and One" Time Purchases Flock Safety Profcssional Services Onel Timel Fees Professional Services- Standard Implementation! Fee Professional Services- Solar implementation Fee $650.00 $750.00 6 $3,900.00 $750.00 $25,650.00 $21,000.00 $4,000,00 $3,265.51 $46,650.00 Subtotal Year 1: Annual Recurring Subtotal: Discounts: Estimated Tax: Contract Total: Taxess showna above arep provdedas ane estimale. Actual laxes aret ther responsibilirye oft the Customer. This Agreemén! willd auomaically renew! fors successive renewal terms ofthes greater of oney jeard ort thel lengrh setj fortho ont the Order Form (each a" "Renewa! Temm" unlesse either) Party gives the other Pary noticed of non-renewald al least thiry (30) days) prior 10 thee endofthet then-current term. 7of10 9232024,2:56PM Firefox about:blank Docusign Envelope ID: 9IABEDS8C34F7080EDSIZ Billing Schedule nE chaluis Yearl At Contract Signing Annuall Recurring after) Vear1 Contract Total AnxiL a SI $25,650.00 $21,000.00 $46,650.00 *Taxr noti includod Discounts sinis Sptaline Flock: Sufetyl Platform Flock Safety Add-ons Flock Safety Professional: Services Mmunrlsn $4,000,00 $0.00 $0.00 8of10 9/23/2024, 2:56PM Firefox about:blank Docusign Envelope ID: PITABED.S8C34F70801CB9CAZICEDSTZ Product and Services Description B SAIWINm FlockOSTM Flock Safety! Falcon @ Installation one exising infrastructure Implementation! Fee Professional Services- Flock Salety'ss situational awareness operating system. Fingerprint" tcchnology to capture vehicular attributes. theFlock Safely Advanced Implementation: Service Briet. witht theF Flock Safety Standurd Implementation: Servicel Brief. Ani infrastructure- freel licensep plater reader cameral that utilizes Vehicle Thel Tems shallo commence uponf firsti installation ands validation ofFlock One-time Professional Services engagement. Includess site& & safery assessment, cameras setup & testing, ands shippinga & handlingi in: accordance with One-t time Professional Services engagement. Includess site&s safety: assessment, cameras sctup & testing, ands shipping&h handlingi in: accordance with Hardware. Nei Desuintion -C Professional! Services- Standard One-ti time Professional Services engagement Includess sitea ands safety assessment, cameras sctupa andt testing. ands shipping andh handlingi ina accordance Advanced Implemenlationl Fee the Flock Safèty Advanced Implementation: ServiceBrief. Flockos Features & Description Community Network Access Unlimited Users Statel Network (License Plate! Lookup Only) Nationwidel Network (License Platel Lookupo Only) Law) Enforcement Netyork Access Time & Localion Baseds Search License PlatcLookup Vehicle Fingerprint Search Insights & Analytics ESRII Based Mapl Interface Real-I Timel NCICA Aleits on! Flock ALPR Cameras Unlimited Custom Hot Lists teni evidencet that clears cases. Unlimited usersf for Flockos state. Thea abilityt torequest directa accesst tot feeds fromp privatelyd owned Flock Safery Falcong LPR cameras locatedi inr neighborhoods, schools, andb businessesi iny your community, significantly increasing: actionable Allows agenciest tol look upli license plates ona alld cameras optedi intot the Flock Safcty, network within your With they vasll Flock Safety sharingn network, lawe cnforcement: agenciesn no longer have lorely onj just their devicesa alone. Agencies canl leveragen nutionwides system boasting 10b billion: sdditional plater reads per month tos amplify thep polential toc collect vitalc evidencei inc otherwise dead-endi investigations. Thea ability tor request direct access to evidence detection devicesf froml Lawl Enforcement: agencies outside Search full, partial, and temporary plates! byt time aty particulard devicel locations Looki ups specificl license plalel location! history captured on! Flock devices Search fuotageu using Vchicle FingerprintM technology. Access vehiclet type, make, color, license plate state, missing/ covered plates, ando otheru unique featuresl liket bumper stickers, decals, andre roofr racks. Reporting tool loh help administrators managet theirl LPR program with devicep performance data, usera and network andits, plate readr reports, hotl list alert reports, event logs, ando outcomer reports. Map-basedi interfacet thato consolidates alld datas streamse and thek locations ofeachc comecteda asset, enabling grcater situational awareness: anda acommon operating picture. Receivea automated alerts wheny vehicles enteredi intoe establishedo databases forr missing andv wantedy persons ared detected, including theF FBI's National Crime Information Center (NCIC)and National Center for Missing & Exploited Children (NCMEC)daahases. Ability toa adda as suspect'st licensey platel loacustom! lista andg geta alerted wheni itp passesbya aFlock camera ofyourj junsdiction. 9of10 9232024,2:56PM Firefox about:blank Docusign Envelopel ID:1 1917ABED68C34F708D1C-BSCAZICED8T By executing this Order Form, Customer represents and warrants that it has read and agrees to allo oft the terms and conditions containedi in thel Master Services Agreement attached. Thel Parties! have executed this Agreement asc ofthed dates set forthl below. FLOCK GROUP, INC. DocuBignedby: Mark Switl By: -AC5C931454024F3. Mark Smith Name: General Counsel Title: 8/2/2024 Date: Customer: NC- Erwinl PD DocuSignedby: Suow Dowlen -EEF16333F8594C8. Snow Bowden Town Manager 8/2/2024 By: Name: Title: Date: POI Number: 10of10 9232024,2:56PM William W.] Dreitzler,1 P.E. 7854 Trap' Way Wilmington,] NC 28412 Phone: (919)818-2235 isicsradmlamsnsemnion DM2 Engineering, PLLC May 24, 2024 Board ofCommissioners Town of Erwin, North Carolina Post Office Box 459 Erwin, NC 28339 Attention: Mr. Snow Bowden, Town Manager Reference: Engineering Retainer Agreement Extension 2024-2025 Fiscal Year Dear Board: DM2 Engineering, PLLC is pleased to submit our Proposal to provide engineering and technical support services to the Town of Erwin, NC. Recognizing the professional needs ofa municipality along with the associated budget constraints, I am proposing a retainer fee that will allow the Town to spread out the cost ofprofessional services over a fiscal budget cycle and help eliminate the unanticipated costs. The Scope of Services below will be provided to the Town each month regardless of the time required. This approach will assure that the Town is represented by a professional engineer who can operate as a member of the staff. Furthermore, my personal experience within the Harnett County area spans over 35 years and allows the Town access to someone who has a history working with not only Harnett County, but also other municipalities within Harnett County. SCOPE OF SERVICES proposed retainer contract: DM2 Engineering will perform the following Scope of Services as they relate to the above 1. Attend Board of Commissioner meetings and provide an Engineer's Report if so requested. 2. Attend Planning Board meetings as requested. 3. Attend Pre-Development meetings as requested to assist thel Planning Department. 4. Attend Board of Adjustment meetings as requested. 5. Attend Mid-Carolina Council of Governments Rural Transportation Planning Organization (RPO) meetings, ifso requested. Town of Erwin, NC Engineering Retainer Page2of3 6. Provide engineering technical review and comment for Site Plan Submittals. 7. Provide site inspections for construction projects that have been permitted by the' Town. 8. Provide site inspections and construction administration services for Town of Erwin 9. Provide technical assistance with regards to Phase II Stormwater compliance. projects. 10. Provide review and engineering evaluation of the Town's existing stormwater studies and 11. Provide technical review and comment for any sections oft the Town's Code of Ordinances 12. Assist the Town and/or private consultants working with the Town, with the preparation of 13. Assist the Town and work with members of the public who have technical issues such as assist with seeking grant funds fori improvements. that may require review and/or update. Grant Applications. storm drainage. 14. Assist with the preparation oft the Town'sa annual Powell Bill submittal. 15. Assist the Town's Public Works staff as may be required. This can include evaluation, cost estimating and recommendations regarding potential water and sewer extensions that the Town may desire Harnett County to consider. 16. Assist the Town's Recreation Department staff as may be required. ADDITIONALSERVICES requested at an agreed upon rate. RESPONSIBILITY OF OWNER Additional services required beyond that stated in the Scope of Services will be provided ifs so The following items are to be provided by the' Town ofE Erwin: 17. Provide access to any information that may be required to perform the scope of services. DM2 Engineering, PLLC Town of] Erwin, NC Engineering Retainer Page3of3 SCHEDULE DM2 Engineering proposes that the initial Agreement begin April 1, 2013 and run through. June 30, 2013 (3 months) to align with the Town's fiscal budget cycle. Ifat the end of this initial 3- month period the Town of Erwin is satisfied with the services being provided under this retainer agreement, then the agreement would be extended to run annually from July 1st through June The Town of Erwin Board of Commissioners approves the extension of this Retainer Agreement to run from July 1, 2024 through June 30, 2025. An extension for the 2025- 20261 budget may be evaluated by the Board during next year's normal budget cycle. 30th. The agreement would be re-evaluated at each annual budget cycle. FEES DM2 Engineering will provide the above services on a monthly basis, regardless of the time required, for ai retainer fee of$ $2,000/month paid the first week ofe each month during the Town's To affect the acceptance of this Retainer Agreement, please execute both originals and return a copy to our office. We appreciate the opportunity to provide our services to the normal payment schedule. Town of Erwin, NC. Sincerely, DM2 Engineering, PLLC OSs William W. Dreitzler, P.E. Managing Partner The Scope of Services, Terms and Conditions of this Retainer Agreement are accepted. Town ofErwin, North Carolina print/type individual, firm or corporate name Sno Bowe Toh manag print/type name of authorized representative with title SAsL Doude signature of authorized representative 8/1/2024 date DM2 Engineering, PLLC TOWN OF ERWIN P.O. Box 459. Erwin, NC 28339 Ph: 910-897-5140- Fax: 910-897-5543 www.erwin-nc.org TOWN OF ERWIN PROCLAMATION TO CONGRATULATE ERWIN 15U BOYSJR.LEAGUE BASEBALLTEAM 2024-2025---001 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 WHEREAS, Coaches David Nelson, David Johnson, and Seth Swaim and the players on the 2024 Erwin 15U Boys. Jr. League Baseball Team led thet team tot triumph by utilizing a combination WHEREAS, thet talented players ofthis championship team are. Elijahl Brooks, Parker Swaim, Braxton Swaim, Gavin Summers, Riley Gurkin, Jose Gomez, Noah Carter, Willl Page, Gavyn Gilbert, Isidore Wibonto, Carson Gurkin, Seth Swaim, Tyler Harper, Brayden Holland, and Austin' Williams; and WHEREAS, throughout the season the 2024 Erwin 15U Boys Jr. League Baseball Team exhibited thet tenacity and determination that would lead them on to victories whichi included winning 6 games and becoming 2024. Jr. League Baseball Eastern Hamett Champs. Working together, these young men illustrated that drive, skills, and good sportsmanship can certainly pay off, and they serve as a ofallt the attributes ofac championship-caliber baseball team; and shining example to other athletes and' Town of Erwini ing general; and WHEREAS, Coaches David Nelson, David Johnson, and Seth Swaim are to be commended for their hard work and dedication, which provided this team of young athletes with the achievement they will certainly cherish fort thei rest oft their lives; and WHEREAS, iti is with great pleasure and' Town of] Erwin pride, that the Town of Erwin Mayor and Board of Commissioners pauses to recognize the accomplishments and dedication of these fine Town ofl Erwin athletes andi their coaches and to congratulate them ont their momentous success. NOWTHEREPORE BEI ITRESOLVED, by thel Mayor and Board of Commissioners ofthe Town of Erwin, congratulate the 2024 Erwin 15U Boys Jr. League Baseball Team and coaches on an amazing season. DULYADOPTED, this the 1st day of August 2024. ATTEST: Town Clerk dbn Randy) Mayor Euan NCCMC S6 9003 MINUTES CONTINUED FROM AUGUST 1, 2024 RECESSED Commissioner Byrd made ai motion toi recess at 7:07 PM: for ai reception and was seconded by Commissioner Turnage. Motion Unanimously Approved. RECONVENED Commissioner Byrd made a motion to gol back into regular session at 7:181 PM and was seconded by Commissioner Blackmon. Motion Unanimously Approved. PUBLICI HEARING Duplex Multi-Family RMV Special Use Commissioner Blackmon made ai motion to open the Public Hearing and was seconded by Town Planner Dylan Eure came forward and informed the Board that this was aj proposed text amendment to our Ordinances to allow for Duplexes and Multi-Family Homes int the RMV as a special use. This would mirror what was currently in the DMV district. Thej proposed dimensional requirements would change the minimum lot area of7,000 sqft to 9,000 sqft and the minimum lot width of65fto75f ft. This Mayor Baker asked ifanyone was present tos speak in favor oft the request, in opposition to the Commissioner Turnage. The Board voted unanimously. request does support our new. Land Use Plan. request, or had any questions. No one came forward. Commissioner. Byrd made a motion to close thel Public Hearing and was seconded by Commissioner Commissioner Blackmon made ai motion to approve the Ordinance oft the' Town of] Erwin, North Carolina Amending Chapter 36. Article VI-A Residential Mill Village Section 36-155 Special Uses ORD'2024-2025: 002 and was seconded by Commissioner Nelson. The Board voted unanimously. Nelson. The Board voted unanimously. CCIP Variance Commissioner McKoy made ai motion to open the Public Hearing and was seconded by Commissioner Town! Planner Dylan Eure informed the Board that 200 North 13 LLC submitted. a variance request of5 ft9 ini fori the side setbacks of lot 2B, 25: ft for the side setbacks ofl lot 2A, and 13ft8 8 in for the rear oflot 2B. This request would allow thej property owner to reduce the cost ofinsurance. Thej previous subdivision that took placei in August of 2023 set Oftr rear property setbacks for lot 2A. Mayor Baker asked ifanyone was present to speak in favor oft the request, in opposition to the Blackmon. Thel Board voted unanimously. request, or had any questions. Public Hearing Item 6A Erwin Board ofCommissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: August1,2024 Subject: Duplex, Multi-Family- RMV- Special Use This proposed text amendment was already presented at a previous workshop and the consensus was to move forward with the text amendment. As ai reminder, the Planning Board has recommended this text amendment for approval. Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin's Board of Commissioners From: Dylan Eure, Town Planner Date: August 1,2024 Subject: Duplex, Multi-family- - RMV- Special Use Town Staff1 has prepared aj proposed text amendment to Chapter 36 entitled Zoning under Article VI-A entitled Residential Mill Village within Section 36-155. Said: section is the special uses and structures for the RMV: zoning district. Per the 2023 Erwin Land Use Plan under Goal 11 LUH3 and] LUH 4 state that it is desirable to allow for greater densities and other forms of non-single-family residences ini medium- density zoning districts. Thel Land Use Plan also states specifically that they are to bej placed within the RMV and DMV: zoning districts. Town of Erwin staff] has also received several different inquiries over thel last few months about homes that were constructed to be multi-family or two-family stylel homes tol be used as such. Due to the nature oft these homes being tailored to bet two-family and multi-family dwellings, these home are challenging to flip and restore, unless the owner wants to convert thel home into asi single-family residence, which they were: never designed tol be. In order for these homes tol be renovated andj prevent further blight iti ist the recommendation from Town Staff to allow fort two-family and multi- family dwellings to be as special use within the Residential Mill Village. Current definition ofa two-family dwelling: facilities for each, and as shared wall. Current definition ofar multi-family dwelling: and cooking facilities for each. Proposed special uses to be added to RMV: Two-family dwelling Multi-family dwelling A dwelling arranged or designed for occupancy by two families, with separate housekeeping, cooking A dwelling arranged or designed for occupancy by three or more families, with separate housekeeping Current Dimensional Requirements to be added to RMV: Minimum Lot Area: 7,000s sqft Minimum Lot Width: 65ft Proposed Dimensional Requirements to be added to RMV: Two-amilyMiuliamiy: 9,000 square feet per development and an additional 2,000 square feet per unit. Minimum Lot Width for Two-amlyMut-Family: 75 feet. NOTICE OF PUBLIC HEARING The Town of Erwin Board of Commissioners willl hold a Public Hearing on the following items pursuant tol NC General Statute 160D-406, on Thursday, August 1st, at 7:00 P.M. int thel Erwin Municipal Building Board Room located at 100 West F Street, Erwin, NC: 28339. Case BOA 2024-003: Thisi is a proposed subdivision variance fori thes side and rear setbacks oft the parcel. The parcel can bei identified by HC Tax Pin: 0597-54- 8405/ 200 N1 13th St Erwin, NC: 28339. Proposed text amendment to Chapter 36 entitled Zoning under Article VI-A entitled Residential Mill Village within Section: 36-155. Proposed demolition of a residence: 601 Lucas Rd- Tax PIN# 1506-49-7328.000 Questions concerning these cases can be addressed to Town Hall at 910-897-5140. These cases are available for review att the Erwin" Town Hall. Allp persons desiring tol be heard either for or against the proposedi item set forth above are requestedi to be present at the abovementioned time and place. 7/16,23/2024 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 Charles L. Byrd DavidL L. Nelson William R. Turnage ORDINANCE OF THE TOWN OF ERWIN, NORTH CAROLINA Timothy D. Marbell AMENDING CHAPTER. 36 ARTICLE VI-A RESIDENTIAL MILL VILLAGE SECTION 36-155. - SPECIAL USES ORD 2024-2025: 002 WHEREAS, the current language of Section 36-155- Special Uses reads: Sec. 36-155. Special uses. The following are conditional uses: (1)Day care centers, day nurseries, preschools, and similar uses. Day care centers, day nurseries, preschools, and similar uses may not bel located within a 300-foot radius measured from the center of the property ofa another day care center, day nursery, preschool, or similar use. (2) Planned unit development. (3)Condominiums and townhouse development. (4) Nursing homes. (5) Clubs or lodges. WHEREAS, the' Town of] Erwin wishes to amend the current language oft the same in order to better reflect the desired development within the Town's Planning Jurisdiction; WHEREAS, the' Town of Erwin wishes to amend the current language oft the same to and read: Sec. 36-155.-S Special uses. The following are conditional uses: (1)Day care centers, day nurseries, preschools, and similar uses. Day care centers, day nurseries, preschools, and similar uses may not bel located withina a 300-foot radius measured from the center oft the property of another day care center, day nursery, preschool, or similar use. (2) Planned unit development. (3) Condominiums and townhouse development. (4) Nursing homes. (5)Clubs orl lodges. (6)1 Two-family dwellings (7) Multi-family dwellings NOW, THEREFORE, BEI IT ORDAINED by the Board of Commissioners oft the Town of Erwin, North Carolina that the current language as herein found with respect to Section 36-155- Special Uses oft the Town Code includes such language as herein indicated by red bold print. Adopted this 1st day of August 2024. ATTEST: dhe SE Randy Baker Mayor Sunz Evans NCCMC Town Clerk 9004 MINUTES CONTINUED FROM AUGUST1.2024 Norman Avery, Manager oft the Central Carolina Industrial Park, came forward and was sworn in by Mr. Avery stated that the application showed where everything was located ini referencei to the old mill. This request would financially help the company that owns the Mill. The company has been forking a lot ofmoney into the mill and continuing to put money in it, but they need al break Mayor Baker verified that the company will not bei increasing the outside existence oft the building. Mr. Avery confirmed that was correct. The building structure will stay the same as it has since 1903. Mayor Baker asked ifa anyone else was present to speak in favor oft the request, in opposition to the the Town Clerk Lauren Evans. somewhere and they were asking the Board for this request. request, or had any questions. No one came forward. Commissioner Byrd made a: motion to close the Public Hearing and was seconded by Commissioner Commissioner Blackmon made ai motion in the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that there are extraordinary and exceptional conditions pertaining to the particular piece of property in question because ofits size, shape, or topography that are not applicable to other land or structures in the same district. Reasoning that thej property was created before the Town of Erwin was incorporated, therefore it did not have to conform to any Commissioner Byrd made ai motion ini the affirmative, seconded by Commissioner Nelson, and unanimously approved by the Board that granting the variance requested will not confer upon the applicant any special privileges denied to other residents oft the district in which thej property is located. Reasoning that the variance is solely for setbacks that are unable to be met due tot the property being constructed before Erwin Ordinances was adopted and Erwin'si incorporation. Commissioner Blackmon made a motion in the affirmative, seconded by Commissioner Byrd, and unanimously approved by thel Board that a literal interpretation ofthe provisions ofthis ordinance will deprive the applicant of rights commonly enjoyed by other residents oft the district in which the property is located. Reasoning that enforcing the setback regulations would deprive the owners of Commissioner Nelson made ai motion ini the affirmative, seconded by Commissioner Blackmon, and unanimously approved by thel Board that the requested variance will bei in harmony with thej purpose and intent oft this ordinance and will not bei injurious to the neighborhood or to the general welfare. Reasoning that there is no evidence as to why further subdivision isi injurious to the neighborhood or Commissioner McKoy made ai motion in the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that special circumstances are: not the result oft the actions oft the applicant. Reasoning the property was constructed before Erwin zoning ordinances therefore did not Commissioner Byrd made a motion in the affirmative, seconded by Commissioner Nelson, and unanimously approved by the Board that the variance requested is thei minimum variance that will Turnage. The Board voted unanimously. setback regulations at the time it was constructed. further subdividing thej property to save on expenses of their ownership. the general welfare. have to be created based on Erwin'ss setback standards. 9005 MINUTES CONTINUED FROM AUGUST 1,2024 the minimum that would make it able to the subdivision feasible. make possible the legal use oft thel land, building, or structures. Reasoning the applicant's request is Commissioner Blackmon made ai motion that due to all of the statements ofr reasonableness being found int the affirmative and all characteristics ofl hardship being met and compatible with the' Town of Erwin's Code ofOrdnances said subdivision for the property located at 200N 13th St. be approved. Demolition of 601 Lucas Road Commissioner Blackmon made ai motion to open thel Public Hearing and was seconded by Commissioner Code Enforcement Officer Chris Jones stated the case number was HC-177-23. The minimum housing process for 601 Lucas Road started in August 2023. The inspection was conducted on September 4, 2023. During the inspection, it was discovered that the home had multiple failure points and there wasi no electricity, heat, or air conditioning. The water had1 been disconnected prior to thei inspection and plumbing issues were causing leaking and water damage on the inside and outside oft the house. The: floor Mayor Baker asked if anyone was present to speak regarding the demolition of 601 Lucas Road. Jo Ann Hall, the owner of 601 Lucas Road, came forward and was sworn: in by Town Clerk Lauren Ms. Hall stated she was instructed toi move out of] her home at 601 Lucas Road due to the condition oft the house. She stated there was electricity at the home, but the water was disconnected. Ift the' Town wanted to tear the house down then that is finel but she did not want to lose her land. She asked the Board toj please let her keep her land and not put al lien against it. Shel had no one to help her other than her friend who she was currently staying with. Her brother and her children did not help her. The home was not repairable and: not livable and she understood whyi it needed to be demolished but she needed time to get her stuff Mayor Baker informed Ms. Hall that the Town would use taxpayers' funds to demolish thel home, and she would have to reimburse the' Town for the cost of demolishing her home. Hei referred it to our Town Town Attorney Tim Morris stated that he understood Ms. Hall wanted to keep her land but due to using Tax Payers' funds, the Town was not in aj position to waive the cost of the demolition and she would be liable to: reimburse the Town the full amount. He did believe thel Board had the authority to allow Ms. Mayor Baker asked if anyone else was present to speak regarding the demolition of 601 Lucas Road. Commissioner Blackmon made ai motion to close thel Public Hearing and was seconded by Commissioner Commissioner Blackmon made ai motion to approve. An Ordinance: Directing the Town Manager to Remove or Demolish the Property Herein Described as Unfit for Human Habitation and Directing that a Notice Bel Placed Thereon that the Same May Not Be Occupied ORD2024-2025:001 and was seconded Byrd. The Board voted unanimously. jounce was broken and sections oft the roof were: missing. Evans. out oft the home. Attorney Tim Morris. Hall to set up a payment plan. No one came forward. Byrd. The Board voted unanimously. by Commissioner Byrd. The Board voted unanimously. Public Hearing Item 6B Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: August 1,2024 Subject: CCIP Variance The Town received as subdivision variance request for the site of the Central Carolina Industrial Park (the mill). The Town approved a hardship subdivision variance for the site last year that allowed the site to be subdivided into two separate parcels. They are asking for another variance that would allow another portion oft the site to be subdivided into a separate parcel. Our Town Planner Dylan Eure has reached out to the UNC School of Government and he was told that the applicants can request this type of variance even though one has already been granted for the site. TOWN OF ERWIN Mayor Randy L. Baker Mayor Pro' Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd DavidI L. Nelson William R. Turnage P.O. Box 459-1 Erwin, NC: 28339 Ph:910-897-5140- Fax: 910-897-5543 www.erwin-nc.org 8/1/2024 BOA-2024-003 Memorandum Variance Description 200 North 13th LLC has submitted a variance request oft the amount of 5ft 9inches for the side setback ofl lot 2B (adjacent to ChiefJoseph! Lane), 25ft for the side setback of lot 2A (adjacent to' WJ Sheet), and 13ft 8inches for thei rear ofLot 2B (adjacent tot the drainage pond). The purpose ofthis additional subdivision would allow for the current owners oft thei mill toi reduce the cost ofinsurance on thej properties due to the different planned uses for each oft the areas. Thej previous subdivision that took place in August of 2023 was due to a similar reason to reduce the cost ofinsurance required. This subdivision set Oft rear property setbacks for the lot 2A. Property Description The total size of the parcel that is tol be subdivided is 29.44 acres. Ifthe proposed subdivision were to be approved it would then further subdivide the parcel into 21 tracks with the lot being labeled as 2A comprising 19.96 acres and the lot labeled as 2B comprising 10.42 acres. The most recent subdivision oft the property took placei in August of 2023 when Ofts setbacks were established fort the rear ofthe property due to a tunnel running across both properties. Lot 2A contains 2 large buildings with parking, while lot 2B contains side-by-side individual units with another parking area. Applicable Regulations The following regulations are the applicable dimensional requirements for M-1 zoning: 1. Min lot area: 40,000Sqft 2. Min lot width: 100Ft 3. Min front yard:40Ft 4. Mini rear yard:20Ft, 30fti if against residential 5. Min side yard:15,30ft is against residential Regards, Dylan Eure Town Planner Variance Application (February 2011) Name of Applicant Levi Gross Mailing Address 320 Roebling St. #125 Property Owner 200 North 13 LLC Mailing Address 320 Roebling St. #125 City, State, Zip Brooklyn NY 11211 City, State, Zip Telephone Email Brooklyn NY 11211 910-250-5025 levi@ccipnc.com Telephone Email 910-250-5025 levi@ccipnc.com Address of Subject Property 100 North 13 St. Erwin, NC 28339 Parcel Identification Number(s) (PIN) of Subject Property 0597-54-8405.000 Variance Description: On a separately attached document, please state thej particular zoning regulation for which the variance is being requested. Also state the requested variance (For instance, in the case ofa setback variance request: Ifthe required side yard setback is 12' and the applicant can only meet a 10' setback; then the applicant will be requesting a 2' variance from the 12' setback requirement.). Please attach a site plan with all appropriate dimensional notations needed to demonstrate the variance request ifapplicable. Findings of Fact: The following are the findings of fact associated with a variance request. Applicant is to note that all oft the following findings must be found in the affirmative in order for the requested variance to be granted. The applicant is requested to review each ofthese findings and answer the same to thel best ability of the applicant. Responses to each oft these findings may be attached to this application on a separate document. a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because ofits size, shape, or topography that are: not applicable to other lands or structures int the same district. b. Granting the variance the requested will not confer upon the applicant any special privileges denied to other c.A1 literal interpretation of the provisions of this ordinance will deprive the applicant of rights commonly d. The requested variance will be in harmony with the purpose and intent of this ordinance and will not be residents oft the district in which the property is located. enjoyed by other residence oft the district in which the property is located. injurious to the neighborhood or to the general welfare. e. The special circumstances are: not the result ofthe actions oft the applicant. f.The variance requested is the minimum variance that will make possible the legal use oft the land, building, or Thet undersigned property owner, or duly authorized agentrepresentative thereof certifies that this application and the forgoing answers, statements, and other information herewith submitted arei in all: respects true and correct to the best of their knowledge and belief. The undersigning party understands that any incorrect information submitted may result in ther revocation of this application. The undersigning party authorizes the Town of] Erwin toi review this request and structure. Owner/Applicant Must Read and Sign conduct a site inspection to ensure compliance to this application as approved. Levi Gross Printl Name Levri Groas Signature dOwner or Representative 06/24/24 Date Variance Application Information Part9 9 Chapter 4 Article 10 Board of Adjustments $9-4101.2 Powers and duties. The Board of Adjustment shall have the following powers and duties: To authorize upon appeal in specific cases variance from the terms oft this ordinance as will not be contrary to the public interest where, owing to special conditions, a literal enforcement oft the provisions oft this ordinance will result in undue hardship, so that the spirit oft this ordinance shall A charge shall be made to the appellant according to town policy in order to cover administrative Aj public hearing shall be held at which all ofthe following conditions must be found to exist: a. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography that are not applicable to other b. Granting the variance the requested will not confer upon the applicant any special privileges C.A literal interpretation of the provisions of this ordinance will deprive the applicant of rights commonly enjoyed by other residence oft the district in which thej property is located. d. The requested variance will be in harmony with the purpose and intent of this ordinance and be observed and substantial justice done. and advertising costs (Subsection (d). lands or structures in the same district. denied to other residents ofthe district in which the property is located. will not bei injurious to the neighborhood or to the general welfare. e. The special circumstances are: not the result oft the actions of the applicant. f. The variance requested is the minimum variance that will make possible the legal use of the In considering all proposed variances from this ordinance the Board shall, before making any finding in a specified case, first determine that the proposed variance will not constitute any change in the zone shown on the: zoning map and will not impair an adequate supply oflight and land, building, or structure. air to adjacent property, or materially increase the public danger of fire and safety, or materially diminish or impair established property values within the surrounding area, or in any other No permitted use of land in other districts shall be considered grounds for the issuance of a variance. Under no circumstances shall the Board of Adjustment grant a variance to allow a use not permissible under the terms of this ordinance in the district involved, or any expressly or by In granting a variance the Board may attach thereto such conditions regarding the location, character, and other features of the proposed building, structure, or use as it may deem advisable in furtherance of the purposes of this ordinance. Violation of such conditions and safeguards when made aj part of the terms under which the variance is granted, shall be deemed a violation respect impair thej public health, safety, morals, and general welfare. implication prohibited by the terms oft this ordinance in said district. ofthis ordinance. Central Carolina Industrial Park/200 North 13 LLC 320 Roebling St. #125 Brooklyn NY1 11211 6/25/2024 Dear Members ofthe Town of Erwin Planning Department, We are writing to formally request a variance to complete the subdivision of our property at100-200 North 13St. The specific variances we are seeking are as follows: 1. The side: setback ofl Lot: 2B, towards Chief. Joseph Lane: A variance of5 51 feet and 9i inches 2. The side: setback ofl Lot2A, towards W. JS Street: A variance of 25 feet for the side setback. 3. The Rear Setback of Lot 2B, towards the former drainage reservoir: A variance of13 feet for the side: setback. and 8 inches for the rear setback. These variances are requested to enable us to subdivide the property, which will benefit itsredevelopment. We appreciate your consideration of this request and are available to provide any further information or clarification as needed. Sincerely, Levi Gross, Office Manager levi@ccipnc.com 910-250-5025 nos SON IBEBERE $ EEERRRERBER ENIKEE 88888888ERE IHISHIELI HINON 967.46 HISHIEL HINOS 305.64 $00'3730E 1273.10'(TOTAL) EB e SHISHIPLHINOS S00-5454'E 360.33 891.46 NO0'3549W 970.36(TOTAL) 00E99 5.0000-00N BOARD OF ADJUSTMENTS VARIANCE REQUEST STAFF REPORT Case: BOA-2024-003 Dylan Eure, Town Planner deure@erwin-nc.org. Phone: (910)591-4201 Fax: (910)897-5543 Board of Commissioners Meeting Date: 8/1/2024 Requesting a subdivision variance in the amount of 5ft 9inches for the side setback of lot 2B (adjacent to Chief Joseph Lane) I 25ft for the side setback of lot 2A (adjacent to WJ Sheet), and 13ft 8inches for the rear of Lot 2B (adjacent to the drainage pond). Applicant Information Owner of Record: Name: 200 North 13th LLC Address: 320 Roebling St. #125 City/State/Zip: Brooklyn, NY 11211 Property Description Harnett County Tax PIN: 0597-54-8405 Address: 200 North 13th St. Erwin, NC 28339 Applicant: Name: Levi Gross Address: 320 Roebling St. #125 City/State/Zip: Brooklyn, NY 11211 Acres: 29.44 acres Zoning District: M-1 Vicinity Map See Attached Document See Attached Proposed Subdivision Physical Characteristics Site Description: The total size of the parcel that is to be subdivided is 29.44 acres. If the proposed subdivision were to be approved it would then further subdivide the parcel into 2 tracks with the lot being labeled as 2A comprising 19.96 acres and the lot labeled as 2B comprising 10.42 acres. The most recent subdivision of the property took place in August of 2023 when Oft setbacks were established for the rear of the property due to a tunnel running across both properties. Lot 2A contains 2 large buildings with parking, while lot 2B The parcel does not contain wetlands or watersheds and is not within a flood zone. Surrounding Land Uses: This parcel is accessible off of N13th St, West. J St, and Chief Joseph Ln/ South 14th St. The surrounding land uses are residential to the North and East of lot 2A which are zoned as under RMV and DMV. Other uses are residential to the south of the parking lot of 2B zoned RMV, along with the South of the property abutting Chief Johnson as well as East of 2B being Central Business containing both municipal facilities and contains side-by-side individual units with another parking area. business. Services Available HRW for water and septic Duke for electricity/power Erwin Police & Fire Findings of Fact 200 North 13th LLC has submitted a variance request of the amount of 5ft 9inches for the side setback of lot 2B (adjacent to Chief. Joseph Lane), 25ft for the side setback of lot2A (adjacent to W J Sheet), and 13ft 8inches for the rear of Lot 2B (adjacent to the drainage pond). The purpose of this additional subdivision would allow for the current owners of the mill to reduce the cost ofi insurance on the properties due to the different planned uses for each of the areas. The previous subdivision that took place in August of 2023 was due to a similar reason to reduce the cost ofi insurance required. Due to the nature oft the mill and being that it was constructed before the Town of Erwin's incorporation, it is considered to be at true hardship and the further subdivision be approved. Staff Evaluation Staff Evaluation 1. There are extraordinary and exceptional conditions pertaining to the particular piece of property in question because of its size, shape, or topography that are not applicable to other lands or structures in the same district. Yes Reasoning: The property was created before The Town of Erwin was incorporated, therefore it did not have to conform to any setback regulations at the time it was 2. Granting the variance requested will not confer upon the applicant any special privileges denied to other residents of the district in which the property is located. Reasoning: The variance is solely for setbacks that are unable to be met due to the property being constructed before Erwin Ordnances was adopted and Erwin's constructed. Yes incorporation. 3. A literal interpretation of the provisions of this ordinance will deprive the applicant of rights commonly enjoyed by other residents of the district in which the property is Reasoning: Enforcing the setback regulations would deprive the owners of further subdividing the property to save on expenses of their ownership. 4. The requested variance will be in harmony with the purpose and intent of this ordinance and will not be injurious to the neighborhood or to the general welfare. Reasoning: There is no evidence as to why further subdivision is injurious to the 5. The special circumstances are not the result of the actions of the applicant. Yes Reasoning: The property was constructed before Erwin's zoning ordinances therefore did not have to be created based on Erwin's setback standards. . The variance requested is the minimum variance that will make possible the legal Reasoning: The applicant's request is the minimum that would make it able to the located. Yes Yes neighborhood or the general welfare. use of the land, building, or structures. Yes subdivision feasible. Statement of Consistency Due to all oft the statements of reasonableness being found ini the affirmative and all characteristics of a hardship being met and compatible with the Town of Erwin's Code of Ordnances said subdivision for the property located at 200 N 13th St. be approved. ISHE IS7S ASMIGON asmgs 00 ISHIDS ISHI918 df aseDS o o o o o no o 3SHLCBI SHS8 ISHIELN IsIBS o o o o 0 o 00 o o o o o o 0 o o o o o D0 o o o 1S-HLVLS SHIBIN 00 o cu o o o 1SHI9U5 & 0 200 NORTH 13 LLC RIVERA DAVID NOE LEON 201 SUNCREEK DR BENSON, NC 27504-8151 320 ROEBLING ST STE 125 BROOKLYN, NY 11211- 6262 ANDREWS MICHAEL W 301 S 15TH STREET ERWIN, NC 28339-0000 MCNEILL BATTISTA A 207 WFSTI ERWIN, NC 28339 JACKSON MICHAEL R & JACKSON 309 ST MATTHEWS ROAD ERWIN, NC 28339-0000 NORRIS ROBERT GLYNN &1 NORRIS ROCHELLEOQUINN RAY MELISSA B 205 WEST FSTREET ERWIN, NC 28339 NANCY S DAY PAULA MAYNOR & DAY JONATHAN 73 VICTORY CIR WILLOW SPRING, NC 27592-7684 SCOTT PO BOX 762 ERWIN, NC: 28339 ERWIN FIRE STATION 200 S1 13TH ST ERWIN, NC: 28339-0000 ADAMS BRENTON D PO BOX 1389 DUNN, NC 28335-1389 STALL JEFFREY R 391 Crawford Rd Coats, NC: 27521-9407 BUTLER TRISTEN COLT 989 BAILEY RD COATS, NC: 27521-9307 WOODS INVESTMENT ENTERPRISE LLC 101 $1 13TH ST ERWIN, NÇ 28339-1703 TOMA NARGIS S & TOMA KAMAL S 6940 DARCY LN RALEIGH, NC 27606-9024 CURR-WELL DEVELOPMENTS LLC 21 LITTLE FARM CIR ANGIER, NC 27501-9404 PORTILLO OLGA 103 N 13TH ST ERWIN, NC 28339-1722 GONZALEZ ALFONSO APOLINAR & LUNA ERNESTINA SORIANO 140 MERCHANT DR #29 ANGIER, NC 27501-7572 MCLAMB STACY & MCLAMB BARBARA 101EISTC/OTaS ENTERPRISES ERWIN, NC HERNANDEZ REFUGIO D 107 N 13TH ST ERWIN, NC 28339-1722 MCLAMB STACEY & MCLAMB BARBARA 101 EASTIST ERWIN, NC 28339-0000 28339-1813 CLARENCE MASON GROUP LLC 8013 MATINVESI ST RALEIGH, NC 27616-8497 BAREFOOT GLORIA B & BAREFOOT 101 EASTJ. STREET ERWIN, NC 28339-0000 WADE JEAN PAGE & C/O NICHOLAS 1565 CHICORA RDI DUNN, NC 28334-0000 SOUTHERN VISION PROPERTIES LLC 124 ARIEL ST LILLINGTON, NC: 27546-6154 CHEYENNE ENTERPRISES LLC & C/O PO BOX745 WILLOW SPRING, NC: 27592-0745 JIMMY WAYNE DANIEL WALL ELLER RENTAL PROPERTIES LLC PO BOX: 2228 LILLINGTON, NC 27546 SKATELL MCGEE MELODY H & MCGEE ROY THOMAS JR PO BOX 56 BUIES CREEK, NC 27506 HUCK LILLIAN R & HUCK LAURIE 110 WJST ERWIN, NC: 28339-1424 BRYANT TARA GABRIELLE 104 WESTJ STREET ERWIN, NÇ 28339 LEE ROBERT E PO BOX 41 DUNN, NC 28335 NCLEAN TAMEKA CHERIE 200 WJST ERWIN, NC 28339-1426 MCLEOD PROPERTIES RENTALS LLC 19256 NC 210 N ANGIER, NC 27501 BONTEMPS FREDRICK & BONTEMPS 5104 HIGHCROFT DR CARY, NC 27519-8815 MY HOMES LLC JENNIFER 202 WINTERLOCHEN DRI DUNN, NC: 28334-8908 TOWN OF ERWIN P.O. Box 459.1 Erwin, NC28339 Phone: 910-897-5140 * Fax: 910-897-5543 www.erwin-nc.org 7/15/2024 Mayor Randy L.J Baker Mayor Pro' Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson William R. Turnage Notice ofa Public Hearing BOA-2024-003 The Board of Commissioners ofthe' Town of] Erwin willl hold aj public hearing pursuant tol NC General Statute 160D-406 on August 1st, 2024 at 7:00 P.M. at thel Erwin Town Hall, 100 West F Street, Erwin, North Carolina to hear public comment on a proposed subdivision variance for the side setbacks and the rear setback oft the parcel. The requested variance is the following parcel: HC Tax Pin: 0597-54-8405 200 N 13th St Erwin, NC: 28339 A copy oft this case is available for review at the Erwin Town Hall. Questions concerning this case can be addressed to the Town Planner Dylan Eure at 910-591-4201 or by email at deureQerwin-nc.org Regards, Dylan Eure Town Planner NOTICE OF PUBLIC HEARING The Town of Erwin Board of Commissioners will holda a Public Hearing ont the following items pursuant to NC General Statute 160D-406, on Thursday, August 1st, at 7:00 P.M. int thel Erwin Municipal Building Board Room located at 100 West F Street, Erwin, NC 28339. Case BOA: 2024-003: Thisi is aj proposed subdivision variance for the side andr rear setbacks of the parcel. The parcel can bei identified by! HC Tax Pin: 0597-54- 8405/2 200 N 13th St Erwin, NC 28339. Proposed text amendment to Chapter 36 entitled Zoning under Article VI-A entitled Residential Mill Village within Section 36-155. Proposed demolition of a residence: 601 Lucas Rd- Tax PIN# 1506-49-7328.000 Questions concerning these cases can be addressed to Town Hall at 910-897-5140. These cases are available for review at the Erwin Town Hall. All persons desiring tol bel heard either for or against the proposed item setf forth above are requested to be present att the abovementioned time and place. 7/16,23/2024 Public Hearing Item 6C Erwin Board ofCommissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: August 1,2024 Subject: Demolition of 601 Lucas Road Town Staffis asking the Board to consider adopting an ordinance to demolish the structure at 601 Lucas Road. The Town has gone through the entire minimum housing process with this home, and there have been no improvements made whatsoever. TOWN OF ERWIN P.O. Box 459. Erwin, NC28339 Ph:910-897-5140- Fax: 910-897-5543 www.erwin-nc.org August 15,2023 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 William HallJr Betty Hall 601 Lucas Rd Dunn, NC 28334 Dear, Mr. & Mrs. Hall, It has come the attention ofl Town Hall that the property at 601 Lucas Rd with associated Tax PIN# 1506-49-7328.000 appears to bei in violation of the Town of] Erwin's minimum housing ordinance.. A report has been received indicating the conditions oft this Therefore, as prescribed in the Code of Ordinance, an inspection oft the property is scheduled for 10 AM on Monday September 4, 2023. It will be necessary for you, your agent and/or tenant to be present at the structure to provide access for thei inspection. The inspection will be conducted in accordance with Section 6-30 oft the Town Minimum Housing Code. Ia am authorized to obtain a warrant to conduct an inspection. Upon completion oft the inspection, a hearing will be scheduled within 30 days ofthe purpose of finding the facts as to whether or no the condition ofthis property is in violation oft the Minimum Housing Code. At the hearing, you shall be entitled to offer such evidence as is relevant or material to the questions sought to be determined or the remedies to be effected. For any further questions, feel free to contact Erwin Town Hall. property are in violation oft the Housing Code. Christopher Jones, Code Enforcement Officer Phone: 910-591-4204 Email: pioneserwimn-nc.org TOWN OF ERWIN P.O. Box 459. Erwin, NC28339 Ph: 910-897-5140-1 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 COMPLAINT AND NOTICE OF HEARING BEFORE THE HOUSING INSPECTOR UNDER MINIMUM HOUSING CODE FILE HC-177-23 TO: Joann Hall and interested parties in regards to the property at 601 Lucas Rd, Dunn, YOU ARE HEREBY NOTIFIED that the dwelling unit and/or lot located at the address designated above is in a condition that appears to be unfit for human habitation and is in YOU ARE FURTHER NOTIFIED that a hearing will be held before the Housing Inspector of the Town of Erwin at Town Hall, 100 West F St, Erwin, NC 28339. This hearing will be conducted at 10 AM, September 27, 2023 for the purpose of finding the facts as to whether the condition of the property falls within the scope of the above- mentioned section of the Town Code of Ordinance. At the hearing, you shall be entitled too offer such evidence relevant to the questions sought to be determined or the remedies to be affected. This hearing may be conducted by phone should you be unable to attend in YOU ARE FURTHER NOTIFIED that if, upon such hearing, the Housing Inspector shall find the conditions of the property do in fact violate the Housing Code and render the dwelling unfit for human habitation, the Housing Inspector will issue an order in writing requiring the owner oft the property to remedy these conditions. Further information may be obtained by contacting the undersigned at 910-591-4204 NC: 28334 (Tax PIN# 1506-49-7328.000), in the Town of] Erwin. violation the Town of Erwin Minimum Housing Code. person. This the 14th day of September, 2023 Christopher. Jones Code Enforcement officer TOWN OF ERWIN P.O. Box 459. Erwin, NC28339 Ph:910-897-5140-1 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 FINDING OF FACTS AND ORDER File No. HC-177-23 To: Joann Hall and interested parties in regards to the property at 601 Lucas Rd, Dunn, NC 28334 (Tax PIN# 1506-49-7328.000), ini the Town of Erwin. The undersigned Code. Administrator oft the Town of Erwin pursuant to law conducted al hearing at the time and place stated in the Complaint and Notice heretofore issued and served, or at a time to which the hearing was continued with previous notice to the above named owners and parties in interest or their agents or attorneys. At the hearing, the Answer, ifany, files by the owners and parties in interest were carefully analyzed and considered by the undersigned. In addition to other evidence presented, the undersigned personally inspected the property described above, and such inspection and examination has been considered, along with the other evidence offered at this hearing. Upon the record and all oft the evidence offered and contentions made, the undersigned 1. The above named owners and parties in interest with respect to the property located at the place specified above were duly served as required by law with written Complaint and Notice of] Hearing which set forth the Complaint that the premises located at the above address is unfit for human habitation andi in violation of the' Town Minimum Housing Code, and the particulars thereof, and fixed at time and place for a hearing upon the Complaint as provided by law. At thel hearing, the following owners, persons ini interest or their agents or attorneys, were present and participated therein: Betty Joann Hall by phone at her request 2. The premises described above violate the Town Minimum Housing Code, by reason oft the conditions found to be present and to exist in and about the Code Administrator does hereby find the following facts: due to lack of transportation. structure. 3. Due to these conditions, the building and/or premises described above is found tol bei in condition within the meaning ofthe Town Minimum Housing Code, sO as to be unfit for human habitation; ITISTHEREFORE ORDERED that the owners of the property above are required tol bring such property into compliance with the Minimum Housing Code by repairing, altering, improving or vacating and closing the deteriorated structure; X_ repairing, altering, improving or vacating and demolishing the dilapidated structure; X_cleaning up the premises By a date notl later than the 29th day of December, 2023 This the 27th day of September, 2023 Christopher Jones Codel Enforcement Officer TOWN OF ERWIN P.O.) Box 459- Erwin, NC28339 Ph:910-897-5140- Fax: 910-897-5543 www.erwin-nc.org June 28, 2024 Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell CharlesL L. Byrd David L. Nelson William R. Turnage William Hall. Jr Betty Hall 601 Lucas Rd Dunn, NC 28334 Re: Citation No.: HC-177-23 Property Address: 601 Lucas Rd Property Tax PIN: 1506-49-7328.000 Property ID: 061507-0390 On September 27, 2023 al Findings of] Fact and order was issued which required you to repair alter, improve or demolish the deteriorated structure by a date not later than The deadline has passed and therefore is it time to conduct a follow-up inspection to determine of the dwelling has been brought into compliance with the Town Minimum Iwill return to conduct ai follow-up inspection on July 11", 2024 at 9. A.M. Please arrange to meet me at that time or have someone provide access for the inspection. Ifyou December 29th, 2023. Housing Code. have any questions, please feel free to contact me at' Town Hall. Christopher. Jones Code Enforcement Officer Phone: 910-591-4204 Email: pones@erwin-nc.org TOWN OF ERWIN P.O.) Box 459- Erwin, NC: 28339 Phone: 910-897-5140- Fax: 910-897-5543 www.erwin-nc.org 7/8/2024 Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson William R. Turnage Notice ofa Public Hearing The Board of Commissioners oft the Town ofl Erwin will hold aj public hearing pursuant tol NC General Statute 160D-406 on August 1St, 2024 at 7:00 P.M. at thel Erwin Town Hall, 100 West F Street, Erwin, North Carolina to discuss the demolition ofai residence. The proposed demolition is for the following parcel: 601 Lucas Rd-Tax PIN# 1506-49-7328.000 A copy oft this case is available for review at the Erwin Town Hall. Questions concerning this case can be addressed to the Code Enforcement Officer Christopher Jones at 910-591-4204 or by email at pioneserwin-nc.org Regards, Christopher Jones, Code Enforcement Officer t ARTI NOTICE OF PUBLIC HEARING The Town of Erwin Board of Commissioners will holda Public Hearing ont the following items pursuant to NC General Statute 160D-406, on Thursday, August 1st, at 7:00 PM. int the Erwin Municipal Building Board Room located at 100 West F Street, Erwin, NC: 28339. Case BOA 2024-003: Thisi is a proposed subdivision variance for the side and rear: setbacks of the parcel. The parcel can bei identified by! HC1 Tax Pin: 0597-54- 8405/ 200 N 13th St Erwin, NC 28339. Proposed text amendment to Chapter 36 entitled Zoning under Article VI-A entitled Residential Mill Village within Section 36-155. Proposed demolition of a residence: 601 Lucas Rd- Tax PIN# 1506-49-7328.000 Questions concerning these cases can be addressed to Town Hall at 910-897-5140. These cases are available for review at the Erwin' Town Hall. Allp persons desiring to! be hearde either for or against the proposed item setf forth above are requested to be present at the abovementioned time and place. 7/16,23/2024 TOWN OF ERWIN P.O. Box 459-1 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 David L. Nelson AN ORDINANCE DIRECTING THE' TOWN MANAGER TO Charles L. Byrd DESCRIBED AS UNFIT FOR HUMAN HABITATION AND William R. Turnage REMOVE OR DEMOLISH THE PROPERTY HEREIN DIRECTING THAT A NOTICE BE: PLACED THEREON THAT THE SAME MAY. NOT BE OCCUPIED 2024-2025: 001 WHEREAS, the Town Commissioners of the Town of Erwin find that the structure described herein is unfit for human habitation under the NC State Building Code and NC General Statute 106D-1118 and that all of the procedures associated with said actions have been complied with; and WHEREAS, this dwelling should be removed or demolished as directed by the Town Manager and should be placarded by placing thereon a notice prohibiting use for human habitation; and WHEREAS, the owner oft this structure has been given a reasonable opportunity to demolish the structure in accordance with NCGS 160D-1121 pursuant to an order issued by the Building Code Administrator on September 27, 2023, and the owner has failed to comply with the Order; NOW, THEREFORE, BE IT ORDAINED by the Town Council of the Town Section 1. The owner of such building(s), dwelling(s) and premises was hereby ordered to vacate any occupants and/or personal property therein on or before May 13, ofl Erwin, that: 2024. Section 2. The Code Administrator is hereby authorized and directed to place "This building is unfit for human habitation. The use or occupation of this building forl human habitation is prohibited and unlawful." placards containing the legend: on the building located at the following address: 601 Lucas Rd, Dunn, NC 28334 (Tax PIN# 1506-49-7328.000) Section 3. The Town Manager is hereby authorized and directed to proceed to remove or demolish the above-described structure in accordance with the order to the owner with a deadline of the 29th day of December 2023, in accordance with NCGS 160D-1125; Section 4. (a) The cost of removal or demolition shall constitute al lien against the real property upon which the cost was incurred. The lien shall be filed in the office oft the County Tax Collector, and shall have the same priority and be collected in the same manner as the lien for special assessments in Article 11 ofNCGS Chapter 160D; (b) Upon completion of the required removal or demolition, the Town Manager shall sell the materials of the dwelling and credit the proceeds against the cost of removal or demolition. The Town Manager shall certify the remaining balance to the Tax collector. Ifa surplus remains after the sale of the materials and satisfaction of the cost of removal or demolition, the Town Manager shall deposit the surplus in the Superior Court where it shall be secured and disbursed in the manner provided by) NCGS 160D-1125; Section 5. Its shall be unlawful for any person to remove or cause to be removed the placard from any building to which it is affixed. It shall likewise be unlawful for any person to occupy or to permit the occupancy ofa any building therein declared to be unfit forl human habitation. Section 6. This Ordinance shall become effective upon its adoption. ADOPTED this 1st day of August, 2024. Mayor SRSE ATTEST: Town Clerk Chys Evoma NCCMC 9006 MINUTES CONTINUED FROM AUGUST 1, 2024 NEW BUSINESS SRP-S-134-0117 Resolution Town Manager Snow Bowden stated that the' Town was awarded a Stormwater. Management Grant and we were waiting for the letter ofintent to fund for some time. He asked the Board to adopt al Resolution Commissioner Blackmon made ai motion to approve the Resolution by the Erwin Board of Commissioners for Stormwater Project SRP-S-134-0117: 2024-2025-002 and was seconded by authorizing him to sign the contract by the State for this stormwater grant. Commissioner Byrd. Thel Board voted unanimously. PUBLIC COMMENT Mayor Baker stated each speaker is asked to limit comments to 31 minutes, and the requested total comment period will be 15 minutes orl less. Citizens should sign upi prior to the start of the meeting. Please provide the clerk with copies of any handouts you have for thel Board. Although the Board is interested in hearing your concerns, speakers should not expect Board action or deliberation on the subject matter brought up during the Public Comment segment. Thank you for your consideration oft the Judy McLean of 307 West A Street came forward and addressed the Board. She stated that she loved this Town. She expressed her concern with people not taking care oft their property. She was not speaking on grass. Somel houses in Town look like they need to bel burnt down. She asked thel Board to consider giving the bad houses in' Town tot thel Fire Department for training. People are hiding trash! behind their houses and: rats are all over Town. She asked the Town to dos something and address the issues. Betty Bells came forward and stated she was present to speak on thel housekeeping inl Erwin. She stated porches around' Town were a disgrace and trees were, growing ontol houses. There were: 3-41 houses in Seman Bells came forward and stated he had lived in Erwin for 87 years and had never seen. Erwin look Town Board, staff, and other speakers. Erwin that needed to be destroyed. sO bad. He asked the Town to dos something. MANAGERSREPORI had any questions to givel him a call. Town Manager Snow Bowden provided the Board with a detailed report at their seats. He stated ifthey The Manager's Report is part oft these minutes as an attachment. ATTORNEY'S REPORT Town Attorney Tim Morris thanked the Board for allowing him to be their Town Attorney. Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: August 1, 2024 Subject: Letter ofIntent to Fund and Funding Offer for Stormwater Project SRP-S-134-0117 The Town of Erwin received the letter ofi intent to fund (LOIF) from the State ofNorth Carolina today (8/1/2024). We have already approved a grant project ordinance for this project. Wel have been waiting on thel LOIF to move forward with releasing a request for qualifications (RFQ). We plan to issue an RFQ to find a firm to hire to assist the Town of Erwin to develop a storm water management plan. Once we get this plan inj place we should be able to address some of the storm water problems in Town. By having this plan inj place we should be able to apply for other grant funds as well. I cannot guarantee we can get other grants but we. have a better chance at them In order to move forward with this grant the Town of Erwin needs to submit ai resolution that is adopted by the Town Board. I am asking for this resolution to be approved tonight sO we can submit it tot the State ofNorth Carolina tomorrow. Ia am also asking for the Town Board to authorize me to sign the financial agreement for this grant of $492,500. At our August workshop meeting we will: most likely need to approve opening a separate bank account for these grant funds and anything else we learn in between now and on Monday, August 26th. We need to make some minor adjustments to the grant project ordinance once we are ready to move forward with this plan inj place. with the project. Docusign Envelope ID: 3146808D-786D-4D42-97CB-D31D9A542ABC ROY COOPER Governor ELIZABETHS. BISER Secretary SHADIESKAF Director NORTH CAROLINA Environmental Quality July31,2024 Snow Bowden, Town Manager Town of Erwin P.O. Box 459 Erwin, NC28339 Subject: Letter of Intent to Fund S.L. 2023-134 Appropriations Act Directed Project Town of] Erwin Stormwater. Management Plan DWI Project No.: SRP-S-134-0117 Dear Mr. Bowden: The Division of Water Infrastructure (Division) has received your. Request for Funding for the aforementioned project for up to $492,500 from the Drinking Water/Wastewater State Reserve as established in Session Law (S.L.): 2023-134 and amended in S.L. 2024-1 (hereinafter referred to simply as S.L. 2023-134). Projects funded from the State Reserve must meet applicable State laws and guidance for expenditure ofthese funds. The following table shows total S.L. 2023-134 appropriations for your local government excluding the Department's administrative fee as amended in S.L. 2024-1, awarded projects and their funding amounts identified to date, and any remaining unobligated appropriations at the time of this letter. S.L. 2023-134 Appropriations Act Approved Projects S.L. 2023-134 Approved Projects for S.L. 2023-134 Section 12.2.(e) Line # 60 Appropriation Appropriated Funds Available for Projects (excluding administrative costs) $492,500 Maximum Funding Amount $492,500 $492,500 $0 Project Name Project Number Town of Erwin Stormwater Management Plan SRP-S-134-0117 Total Appropriations requested Total Appropriations remaining North Carolina Department ofE Environmentalt Quality Division of Water Infrastructure DEQ 512N. Salisburys Street I 1633Mail Service Center Raleigh.1 NorthCarolina: 27699-1633 919.707.9160 Docusign Envelope ID: 8146808D-786D-4D42-97CB-D31D9A542ABC Snow Bowden, Town Manager Town of] Erwin July3 31,2024 Page 20 of3 The first milestone for this project is the submittal ofal bid-and-design package by August 1, 2025. Please note that this intent to fund is contingent on meeting all the following milestones: Milestone Milestone Date* ASAP August 1,2025 December 1,2 2025 April1,2026 June 1, 2026 Apply for alll Necessary Permits * Bid-and-Design/Permit Package Submittal Bid-and-Design Package Approval Advertise Project, Receive Bids, Submit Bid Information, and Receive Authority to Award Execute Construction Contract(s) * Milestone dates only apply to the S.L. 2023-134 portion of funding. **An engineering alternatives analysis (EAA) may be required on certain projects. See: htps/deqne.govhboudivisiom-haserseersourchatersulinepermitinghpdes: wastewater/permitting-process The Division will consider milestone timeline modification including extensions provided that appropriate justification for granting extension is provided. Environmental Review Requirements Statute (NC GS)113A-12.2)0) The State Environmental Policy Act exempts projects funded by the State Reserve (such as this project) from state-mandated environmental review. Federal requirements may still apply. [North Carolina General Permitting The NC Department of Environmental Quality (DEQ) is committed to providing efficient permit processing for your S.L. 2023-134 project(s). Tol better serve you, we would appreciate your assistance in telling us the type ofDEQ permit(s) you will: need and the timeframe of permit application(s) submittal. Please complete When applying for aj permit(s), attach a copy ofthis letter to your permit application(s) and denote your DWI assigned project number on the permit application ifa asked. Ify you do not know the type of permit(s) your project may require, we offera a free permit assistance service to address any questions you may have about potential permitting requirements, pitfalls, fees, and timelines. Ifinterested, please complete our online form at htpsldsanegowsmitemitnlsnmitcasisanesmceamksuiameamitasisangersgust. the online form at the following link: htps/appsmartsheetcomhfomhi0A741M4024as8b48b8dle7edadleds. form. Docusign Envelope ID: Snow Bowden, Town Manager Town of Erwin July31,2024 Page 30 of3 Disbursement of Funds: These funds will be disbursed to the local government unit after relevant costs are incurred by the local government and invoices are submitted to the Division. Upt to 15%0 of the funds available for the project may be disbursed after costs are incurred during the pre-construction stage to cover design and planning costs. The remainder will be disbursed as invoices for incurred pre-construction and construction costs are submitted by the local government during construction, which may be submitted prior to or after paying the contractors for the incurred costs. Only costs eligible under NC G.S. 159G may be covered by these funds. Projects must be administered in accordance with all applicable federal law and guidance, as well as North Carolina statutes. Electronic Document Submittal: Recipients should submit all project documents via the supporting documentation submittal form located at htps/edocsdeancsovDeDacument-Uplont-Fom. The use oft this form provides more seamless document tracking, processing, filing, accessibility, and security via our electronic document repository, Laserfiche. The link and al list off frequently asked questions can also be accessed from thel Division'sIHave Funding page, htpsy/www.degne.svVboutdivisionslwater-infasnucture/-have-funding Upon detailed review ofthe project during the funding process, it may be determined that portions of your project are not eligible for funding. If you have any questions concerning this matter or require general assistance, please contact the Division' s project manager assigned to your project: Antonio V. Evans, P.E., either by telephone at 919.707.9168 or by e-mail at lonyevans@degnegov. Sincerely, Docusignedby: kauitha ambikadest 754F0455F457405. Shadi Eskaf, Director Division of Water Infrastructure Signed on behalf of: cc: Snow Bowden, Town Manager, Town of Erwin OMTRAIAETASPNIDPAREATP William W. Dreitzler, P.E., DM2 Engineering, PLLC hiplramaminscsen Antonio V. Evans, P.E. (DWI, via DocuSign) Mark Hubbard, P.E. (DWI, via DocuSign) Administrative Unit (DWI, via DocuSign) LF Project File (COM-LOIF) DWIAgreement ID: 2000076229 Docusign Envelope ID: 3146808D-786D-4D42-97CB-D31D9A542ABC ROY COOPER Governor ELIZABETHS. BISER Secretary SHADIESKAF Director NORTH CAROLINA Environmental Quality July31,2024 Snow Bowden, Town Manager Town of Erwin P.O. Box 459 Erwin, NC: 28339 SUBJECT: Funding Offer Project No. SRP-S-134-0117 Town ofErwin Stormwater Management Plan Dear Mr. Bowden: The Town ofl Erwin has been approved for funding assistance according to the subject funding offer. This offer is made subject to the Assurances and Conditions attached to this document. Upon your acceptance, please submit the following items to thel Division, via email at DEO.DWI.Pundingorfer@dea.ne.gov: 1. One (1) copy oft the original Offer and Acceptance Document executed by the Authorized Representative for the project, along with the Conditions and A: resolution adopted by the governing body accepting the funding offer and making the applicable Conditions and Assurances contained therein. (Sample Federal Identification Number and Unique Entity ID Number oft the Recipient Assurances. Retain the other copy for your files. 2. copy attached) 3. 4. (UEID required for federally funded projects) Sales-Tax Certification (attached) The Site Certification and a Capital Project Ordinance (or budget ordinance covering the Disbursement requests are to be submitted via Laserfiche at the following link: tipsycdosdegnc.cowomDwcDacument-uplod-Fom. A reference copy oft the Disbursement Request Form (also found on the DWI website) has been enclosed for your project) are due before disbursements begin. convenience. North Carolinal Department of Environmental Quality I Division of Water Infrastructure DEQ 512N. Salisbury Street 1633Mail Service Center Raleigh. NorthCarolina 27699- 1633 919.707.9160 Docusign Envelope ID: 8146808D-786D-4D42-97CB-D31D9A542ABC On behalf of thel Department of Environmental Quality, Ia amj pleased to make this funding offer. Should you have any questions concerning this offer of funding, or any oft the stipulations outlined int this offer] package, please contact David Smith at davidsmith@aegmegovor919)707-385. Sincerely, Docusignedby: Kanitha ambikade 754F0455F457405-. Shadi Eskaf, Director Signed on behalf of: Division of Water Infrastructure, NCDEQ Enclosures: Offerand Acceptance Document Assurances & Conditions Federal ID and UEID Number Request Memo Resolution to Accept Funding Offer (suggested format) Sales-Tax Certification Form Disbursement Request Form Site Certification Capital Project Ordinance (Sample) Guidance Document (North Carolina Wastewater Funding Programs Overview) cc: Snow Bowden, Town Manager, Town of] Erwin townmanager@erwin-nc.org) William W. Dreitzler, P.E., DM2 Engineering, PLLC odreizler@dm2engineering.com) Mark Hubbard (Via DocuSign) David Smith (Via DocuSign) DWI Administrative Unit (Via DocuSign) Carrie Shortt (Via DocuSign) Teresa Tripp (Via DocuSign) DEO.DWIFundingoneradeu.ne.gov FILE: SRP-134 Project File (COM_LOX) Agreement ID#: 2000076229 North Carolina Department ofE Environmental Quallty Division ofv Water Infrastructure DEQS 512N. Salisbury Street : 1633Mail Service Center Raleigh, North Carolina 27699-1633 919.707.9160 Docusign Envelope ID: 8146808D-786D-4D42-97CB-D31D9A542ABC STATE OF NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY DIVISION OF WATER INFRASTRUCTURE Funding Offer and Acceptance Legal Name and Address of Award Recipient Town of Erwin P.O. Box 459 Erwin, NC: 28339 Funding Program Drinking Water Stormwater Wastewater Project Number(s): SRP-S-134-0117 Assistance Listing Number: N/A Unique Entity ID Number: QRKVVH53C5K9 Additional Amount for Previous Total Total Offered Funding Increases State Revolving Fund-Repayablel Loan State Revolving Fund-Principal Forgiveness State Reserve Loan State Reserve Grant State Reserve Earmark (S.L. 2023-134)* American Rescue Plan Act- Choose an item. Project Description: Town of Erwin Stormwater Management Plan $492,500 $492,500 $492,500 $ 0 --P Per Annum --Years Total Financial Assistance Offer: Total Project Cost: Estimated Closing Fee**: ForLoans Interest Rate: Maximum Loan Term: * Federal conditions and requirements willo also apply to S.L. 2023-134, projects co-funded withf federal funds. ** Estimated closing fee calculated. based on grant and loan amount. Pursuant to North Carolina General Statute 159G: The applicant is eligible under Federal and State law, The project is eligible under Federal and State law, and The project has been approved by the Department of Environmental Quality as having sufficient priority to The Department of Environmental Quality, acting on behalf of the State of North Carolina, hereby offers thei financial receive financial assistance. assistance described ini this document. Signed on behalf of: For The State of North Carolina: Docusignedby: Kanitha ambikade 754F0455-457405." Signature On Behalf of: Name of Representative in Resolution: Title (Type or Print): Shadi Eskaf, Director, Division of Water Infrastructure North Carolina Department of Environmental Quality 7/31/2024 Date Town of Erwin 1,t the undersigned, being duly authorized to take such action, as evidenced by the attached CERTIFIED COPY OF AUTHORIZATION BY THE APPLICANT'S GOVERNING BODY, do hereby accept this Financial Award Offer and will comply with the attached Assurances and the Standard Conditions. m Bslk Signature 8/1/2024 Date 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 Charles L. Byrd DavidL. Nelson William R. Turnage RESOLUTION BY ERWIN BOARD OF COMMISSIONERS Timothy D. Marbell FOR STORMWATER PROJECT SRP-S-134-0117 2024-2025--002 WHEREAS, the Town of] Erwin has received al Directed Projects grant from the 2023 Appropriations Act, Session Law 2023-134, administered through thel Drinking' Water Reserve and Wastewater Reserve to assist eligible units of government with meeting their WHEREAS, the North Carolina Department of Environmental Quality has offered 2023 Appropriations. Act funding in the amount of$ $492,500 to perform work detailed int the submitted WHEREAS, the Town of Erwin intends to perform said project in accordance with the agreed NOW,THEREFORE, BEI IT RESOLVED BY THE MAYOR AND BOARD OF water/wastewater infrastructure needs, and application, and scope of work, COMMISSIONERS OF THE' TOWN OF ERWIN: That the Town of Erwin does hereby accept the 2023 Appropriations Act Directed Projects Grant That the' Town of Erwin does hereby give assurance to thel North Carolina Department of Environmental Quality that any Conditions or Assurances contained ini the. Award Offer willl be That Town Manager Snow Bowden and successors so titled, is hereby authorized and directed to furnish such information as the appropriate State agency may request in connection with this project; to make the assurances as contained above; and to execute such other documents as may offer of $492,500. adhered to. ber required by the Division of Water Infrastructure. Adopted this 1* Day of August 2024 in Erwin, NC. ATTEST: Mayor/ Town Clerk SS5 chud MINUTES CONTINUED FROMAUGUSTI.2024 CLOSED SESSION Commissioner Blackmon made ar motion to goi into Closed Session Pursuant to General Statute 143- 318.11(a)(3) for the Purpose of Preserving the. Attorney-Client Privilege at 7:51 PM and was seconded by Commissioner Byrd. The Board voted unanimously. RECONVENED Commissioner McKoy made ai motion to go back to regular session at 8:00 PM: and was seconded by Commissioner Byrd. The Board voted unanimously. ADJOURNMENT Commissioner Blackmon: made ai motion to adjourn at 8:01 P.M. and was seconded by Commissioner McKoy. The Board voted unanimously. MINUTES RECORDED ANDTYPED BY LAUREN EVANS TOWN CLERK ATTEST: Cuz Kss Ber Baker Randy Mayor Lauren Evans, NCCMC Town Clerk