THE: ERWIN BOARD OF COMMISSIONERS AUGUST 2024 REGULAR WORKSHOP MONDAY, AUGUST 26, 2024 @ 6:001 P.M. ERWIN MUNICIPAL BUILDING BOARDROOM AGENDA 1. MEETING CALLED: TO ORDER A. Invocation B. Pledge of Allegiance 2. AGENDA ADJUSTMENTS /APPROVAL OF AGENDA 3. NEW BUSINESS A. Harnett County Grant- Pickleball Courts Project at Al Woodall Park (Page 2) C. Reschedule October Regularly Scheduled Meeting (Page 42) B. Demolition Bids- Erwin Depot (Page 8) D. 2024-2025 SRO MOU (Page 43) E. Joseph's Parking Lot (Page 50) F. W.N. Porter Park Stream (Page 63) G. Bike/Pedestrian Planning Grant (Page 112) I. CORE (Page 146) J. Chapter 30 Updates (Page 181) K. Chapter 36 Updates (Page 183) L. ZT-2024-002: Group 1 of Split Zoned Properties (Page 189) M. Turlington Johnson Annexation (Page 213) H. FAMPO Boundary Assessment Update & MOU (Page 113) 4. CLOSED SESSION A-Pursuantie-General-Sahue-43318-H)0-ferthe-PurpeseefPseussing-Persomne' B.Pursuantte-Gemera-Slaiuie-14)-318-00-he-Attemey-Chen: Privilege 5. GOVERNING COMMENTS 6. ADJOURNMENT 9008 ERWIN BOARD OF COMMISSIONERS REGULAR WORKSHOP MINUTES AUGUST 26, 2024 ERWIN, NORTH CAROLINA The Board ofCommissioners: for the Town of Erwin with Mayor Randy Baker presiding held its Regular Workshop in the Erwin Municipal Building Board Room on Monday, August 26, 2024, Board Members present were: Mayor Randy Baker, Mayor Pro Tem Ricky Blackmon, and Commissioners Charles Byrd, Timothy Marbell, Alvester McKoy, William Turnage, and David Town Manager Snow Bowden, Town Clerk Lauren Evans, Town Attorney Tim Morris, Town Engineer Bill Dreitzler, Town Planner Dylan Eure, and Deputy Clerk Katelan Blount were at6 6:00 P.M. in Erwin, North Carolina. Nelson. present. Mayor Baker called the meeting to order at 6:00P.M. Commissioner McKoy gave the invocation. Commissioner Blackmon led the Pledge of Allegiance. AGENDA ADJUSTMENT/APPROVAL OF AGENDA Commissioner Blackmon. The Board voted unanimously. Commissioner Byrd made a motion to approve the agenda as presented and was seconded by NEW BUSINESS Harnett County Grant-Pickleball Courts Project at Al Woodall Park Town Manager Snow Bowden informed the Board that Erwin received a $50,000 grant from the State ofNorth Carolina being bypassed through Harnett County. The consensus of the Board was to resurface both existing tennis courts at. Al Woodall Park and turn one of the existing tennis Two quotes, Waatti Contracting and Andrews Concrete Inc. were presented to the Board. The consensus of the Board was to place this item under consent at the Regularly Scheduled Board Meeting in September to award the project to Waatti Contracting for $75,338.20 and a budget amendment to bej presented for the additional funding from the courts into three pickleball courts. community enhancement fund. NEW BUSINESS ITEM3A Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: August 26, 2024 Subject: Harnett County Grant- Pickleball Courts at Al Woodall Park The Town ofErwin has received a $50,000 grant from the State ofl North Carolina. The general consensus on how to use these funds was to resurface both existing tennis courts at Al Woodall Park and turn one of the existing tennis courts into three (3)pickleball courts. We have received al lot ofr request(s) for pickleball courts. Pickleball is the fastest-growing sport in the country at the moment. Our Recreation Director Doug Stevens has researched and reached out to al lot of people to try and get this project started. The work is kind ofa a niche project. We have two quotes to complete the work: Waatti Contracting - $75,338.20 Andrews Concrete Inc.- $94,500.00 Waatti Contracting has good reviews and has done good work for other similar projects. In order to1 move forward with this project we would need to transfer funds to cover the difference.I would recommend transferring $25,339 from the community enhancement fund. 2 Waatti Contracting 158Tributary Circle Wilmington NC2 28401 Ph: 9104449109 Consultant: Shane Waatti Ph: JOB PROPOSAL WAATTI Date: 05-06-2024 City ofl Ewin 810 South 16th St Ewin, NC28339 Ph1:910-985-0844 Ph2: Purchase Order: http:/www.watico ntracting.com Basic Tennis Court Resurface & Add Three Pickleball Courts Job Proposal Work tol be Performed: Resurface' Two Tennis Courts Turning One Tennis Courti intot threel Pickleball Courts; Clean out all cracks with a wire wheel grinder. Cut out andi install pickleball posts sleeves, Install a new 4' chainlink: fence, to divide three new pickleball courts. Fill all cut outs with new asphalt. Acid wash, pressure wash, apply ai neutralizer, andi rinse courts. Before the court dries mark out all bird baths. Apply patch binder to all cracks and birdbaths, sand down all uneven surfaces. Apply one coat of SportMaster resurfacer, two coats of SportsMaster color green. Paint all game lines white.. Applya coat of Sportwax Clear Coat over both finished courts. Install pickle! ball posts andr nets.] Blow off new courts. Materials Package: Basic [SKU: 101J-C Concrete (x32) [SKU: 102]-A Asphalt (x8) [SKU: 103]- SportMaster Patch Binder, Resurfacer & Color Coats (x1) [SKU: 104]- Sportwax Clear Coat (x11) [SKU: 105]-Picklebal! Net, Posts & Sleeves Sets (x3) [SKU: 106]- 4' Chain-link Fencing (x2) [SKU: 107]- -Tennis Net, Posts & Sleeves Set (x1) [SKU: WAC-102]-1 Pressure Washing (x1440) [SKU: WAC-402] Dump Trailer (x1) [SKU: WAC-404]- Plate Compactor (x1) Permits: Permits by other LCD: 2106006 Subcontractors: 3 Investment' Terms: Investment: We Accept: Install Date: Rental: 20%i investment tos schedule thej project and 50%i investment att the start oft thej project and the remaining 30% upon completion oft thej project. $75338.20 Total Investment: $75338.20 Cash-Check-. American Express - MasterCard- VISA- Discover Contact Person: Notes and] Instructions: 4 Basic Guarantee Your Basic Investment: is stamped with a2 2-year Workmanship Guarantee! Waatti Contracting LLC warrants your project to be freet from defects in workmanship: for 2 years from date ofi installation. License 101776 Company Agreement 1.Investment Clients shall pay the amount ofagreement for completion of work. Iftherei is a change at thet time ofs salet the Investment willl be adjusted accordingly. 2. Specific Requirements fori materials, Workmanship and Change Orders Specific materials are listedi in detail on the attached estimate. The Client may request changes from the original plans. All change orders must bei in writing, authorized by! both parties, the Clienti may elect to orally authorize or approve change orders and Contractor will giveav written change order before proceeding with change order. 3. Investment amount A 20%] payment on agreed investment is required att time ofan authorized: agreement tol have your project scheduled. A 50%1 payment on agreed investment is required on the day thep project begins. Thel Remainder ofb balance is due at time ofdeliveryinstalation orl bill progress. Interest will be charged at 18% APR onj payments that are thirty (30) days past due. Preventive Maintenance plans are duei in full upon acceptançe date. 4.1 Hidden, Concealed and Unforeseeable Conditions Thej parties agree thati in the event a condition arisest that requires ane extra cost, they shall proceed as follows: Contractor shallr notify Client verbally ato oncet to expedite agreement ast tot the charge to correct or cure such condition, and provide a written estimate as soon as practicable. All parties must agreet tos such extra amount, or agree to ai resolution method, ort this Agreement may be canceled by either party. For purposes oft thiss section, a' "hidden, concealed: and unforeseeable condition" shall mean a condition not apparent to the Contractor. This couldi includel but isi not limited to as sudden unavailability or scarcity ofmaterials needed to complete project, unexpected surgei in costs forr materials, structural problems in original structure that prohibit a secure installation, etc. 5. Building Codes Contractor is agreeing top perform a specific scope ofwork designed or ordered by the Client or Client's architect for as specific investment. Ift that specific scope ofv work needs to be changed in order tos meet applicable building codes, thent the Client may authorize, at the Client's addede expense, additional worki in order tos satisfyt thel building codes and inspectors. The code work will be donei in accordance with the Change Order clause (#2 above). 6. Correction of Work Prior to making final payment, the Client mayi inspect the work to determine ifit! has been completed according to agreement. Client may prepare a written list ofv work (aj punch list) he/shel believes should be completed or corrected according to the. Agreement. There shalll be only one punchl list andi must be signed by the Client. The Contractor is obligated to correct all works stated on thej punch list for whichl he/she is responsible under the terms of thes agreement. Client cannot contract with any alternative contractor for the performance or completion of work, nor claim a credit or back charge for the cost ofc completing anyi item stated ont the written punch list unless the Contractor shall have first been given reasonable: notice and opportunity to correct the work stated on the punch list. Ifthe Client does contract with an alternate contractor toj perform the punch work or otherwise complete the project without first affording the opportunity to the Contractor to do so, the Client then agrees to accept all work "asis", waives any claim against the Contractor and agrees toj payt the full Agreement Investment without deduction for uncompleted or defective work.' The Contractor hast the opportunity tot take photos ifac dispute should occur. Upon the contractor's completion or correction of the worki identified on the singley punch list, any amount withheld from final payment shall be paid within thei next three dayst to the Contractor. 7.1 Disputes and Remedies Ifa dispute cannot ber resolved between the parties, then either party may file suiti in an appropriate local court ofjurisdiction." Ifs suiti is filedi ina Superior Court, the dispute willl be decided according tot the mandatory arbitration rules oft the county in which the suiti is filed, ande each] party expressly waives the dollar limits currently in effecta according to thei mandatory arbitration: rules oft the county in which suit is filed. The arbitrator shall have authority to determine the amount, validity and enforceability ofal lien. Each party waives their right toi file any appeal and agree to accept the arbitrator'sa award as final andt binding. Ifa dispute occurs and either! partyi incurs legal 5 expenses, the prevailing party shall be awarded its reasonable costs and attorney fees. 8. Guarantee of workmanship Waatti Contracting warrants their workmanship for aj period oftwoy year or (otherwise stipulated. in agreement. Platinum, Gold choices) from the date of delivery/installation. They will correct all work that fails per original work performedi int this time period at no costt to the Client. The Client has aj period of one month following the expiration of the guarantee periodi in which to filea a claim against Waatti Contracting. Guarantee does not cover damages or defects caused from misuse, normal wear and tear, acts ofr nature, external forces not related to workmanship (i.e. other trades). This guarantee andi right to sue for damages arei not transferable. 9.1 Breach of agreement Any claim or cause ofa action, regardless of whether the claimi is based on breach of guarantee, breach of Agreement, indemnification ort tort, must bei filed in a court of competent jurisdiction: nol later than thirty (30) days following expiration of the Contractor's guarantee. SIGNATURE: Date: 05-06-2024 6 7 NEW BUSINESS ITEM3 3B Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: August 26, 2024 Subject: Demolition Bids- Erwin Depot Ihad the Depot inspected for asbestos and the report did not find any asbestos that we would need to abate. A while back we: received two bids to demolish the Depot including the foundation. The lowest bidder was Martin Edwards and Associates (MEA). Ispoke witha a representative from MEA and he told me that they would still honor the bid that they submitted. 8 9009 MINUTES CONTINUED FROM AUGUST 26, 2024 Demolition Bids-Erwin Depot Town Manager Snow Bowden stated that a while back we. received two bids to demolish the Depot including the foundation. The lowest bidder was Martin Edwards and Associates (MEA). He spoke with a representative from MEA and he was told that they would still honor the bid The consensus of the Board was to instruct Town Manager Snow Bowden to reach back out to both bidders, MEA and TSI, to obtain in writing that these companies would honor that they submitted. their original bids from February. Reschedule October Regularly Scheduled Meeting Town Manager Snow Bowden informed the Board that our Regularly Scheduled Meeting in October is scheduled for Thursday, October 3rd, which was the same: night as the Gospel Sing. He asked the Board to consider rescheduling the Meeting to the following Thursday, October 10, The consensus of the Board was to move the October Regularly Scheduled Board Meeting to October 10th and to place this item under consent at the Regularly Scheduled Board 2024. Meeting in September. 2024-2025 SRO MOU Town Manager Snow Bowden stated that this was a standard MOU. He sent Town Attorney Tim Morris a question regarding the 2018 SRO MOU and recommended referencing the updated The consensus of the Board was to instruct Town Manager Snow Bowden to send the MOU back to the School Board to correct the error and send it back to the' Town Board for 2024 MOU when signing this document. approval. Joseph's Parking Lot Town Manager Snow Bowden stated previous Boards discussed this matter. The Joseph family reached out to him and Mayor Baker regarding the Town eventually taking ownership of the parking loti in front of the Joseph's Building. The parking lot in front of. Joseph's and the old bank is private property. He asked the Board to keep in mind that the buildings would require variances, and the parking lot would need work prior to the Town taking it over. Commissioner Byrd stated ift the Town took ownership, we: needed to leave it as aj parking lot Commissioner Blackmon stated that he was on the Board when the. Joseph family brought this before the Board years ago. Ifwe take over the parking lot then those businesses lose parking for their employees. A survey would also be required in order for those buildings to meet the setbacks. He expressed his concern about the flooding problems in the parking lot and stated that and not a road. the Asbestos Inspection Report Commercial Structure Depot Building 110 Chief Joseph Lane Erwin, North Carolina Prepared for: Mr. Snow Bowden Town Manager Town of Erwin P.O. Box 459 Erwin, NC 28339 August 7, 2024 Prepared by: Robert A. Privott 9 Robert A. Privott Asbestos Inspection Services 30 Willow Run Sanford, NC 27332 Phone-919-70-7536 Mr. Snow Bowden Town Manager Town of Erwin P.O. Box 459 Erwin, NC 28339 NESHAP SURVEY TO IDENTIFY: ASBESTOS CONTAINING MATERIALS Ofa Commercial Structure Depot 110 Chief. Joseph Lane Erwin, NC August 7, 2024 RobertA A. Privott is pleased to submit this report for the limited NESHAP survey oft the subject facility. The purpose of the survey was to identify the presence and general location of suspect asbestos containing materials. Mr. Snow Bowden representing The 2 10 Town of Erwin, North Carolina authorized this work on July 23, 2024 via telephone conversation. PROJECT INFORMATION OnJ July 30, 2024, Robert. A. Privott made an asbestos inspection of a commercial structure located at 110 Chief Joseph Lane, Erwin, North Carolina at the request of Mr. Snow Bowden representing The Town of Erwin, North Carolina. The purpose oft this inspection was to determine if asbestos containing materials (ACMs) are present within the structure. The United States Environmental Protection Agency (EPA) defines ACMs as those materials that contain at least one percent (1%) asbestos fibers. In addition, the EPA defines friable materials as those that can be crumbled, pulverized, or reduced to powder with hand pressure. However the Occupational Safety and Health Administration (OSHA) defines ACMs as those materials that contain any asbestos North Carolina asbestos regulations consider materials in which asbestos is detected at one percent (1%) or greater to be asbestos containing materials (ACMs). During the inspection, only building spaces accessible to the inspector were inspected. Suspect materials were carefully evaluated to determine the condition, friability, potential for damage, and to determine the overall health hazard considerations for potential ACM Asbestos is not hazardous unless inhaled or ingested. Therefore, the more likely a substance is to crumble and become airborne when disturbed, the more likely hazardous iti is to human health and the environment. This characteristic is called friability. Friable asbestos containing materials are defined as any material containing asbestos which can be crumbled, pulverized, or reduced to powder by hand pressure. Typical examples of friable materials are pipe insulation, boiler insulation, textured Non-friable materials such as roof coatings, vinyl asbestos floor tiles, sheet vinyl flooring, roofing felt/shingles or cementitious panels (transite) can become friable when exposed to the right conditions. However, in most cases these materials can be easily maintained in a non-friable condition and pose a minimal threat to human health and the The EPA allows for compositing ofl layered wallboard analysis to include joint compound. Iti is recommended that wallboard in the structure be thoroughly wetted fibers. observed. ceiling materials, ceiling panels/tiles, fire and sound proofing. environment ifl left in its current state. before demolition to minimize dust. 3 11 Property Description The subject property is a commercial structure located at 110 Chief Joseph Lane, Erwin, North Carolina that is scheduled to be demolished. Itis a single-story structure ofwood frame construction with wood siding and asphalt shingle roofing. Interior finishes are wood components. NESHAP SURVEY PROCEDURES Robert. A. Privott conducted the survey on July 30,2024. The visual survey included observation of accessible areas for the presence of suspect asbestos containing materials. The areas were visually inspected for of suspect asbestos containing building materials. Actual measurements were not taken. Suspect Asbestos-Contalining Building Materials (ACM) Inc order toi identify if the suspect materials observed during the visual survey contained asbestos, the materials were sampled and forwarded to an approved laboratory for Four samples were taken of materials that were suspect of containing asbestos. The materials sampled were: asphalt shingle roofing and window glazing compound. The samples were transported under a chain of custody form to Eurofins CEI Labs in Cary, North Carolina where a Polarized light microscopy analysis was performed in accordance with the EPA/GOO/M-4-82-020 method. Procedures described in EPA/600/R- 93; 116 have been incorporated where applicable. Eurofins CEI Labs is a laboratory accredited by the National Voluntary Laboratory Accreditation Program (NVLAP) conducted by the National Institute of Standards and Technology (NIST). analysis. 4 12 EVALUATIONS AND RECOMMENDATIONS Ifa asbestos containing materials are removed, this work must be accomplished in compliance with the applicable federal, state, and local regulations. If disturbing ACM, the Occupational SafelyandHealth. Administration (OSHA)asbestosi regulations (29CFR 1926.1101), and the National Emission Standards for Hazardous Air Pollutants (NESHAPS) asbestos regulations (40 CFR6 61 Subpart M) would apply. This survey' was performed as a NESHAPS demolition survey. Itisi important that a competent contractor experienced in asbestos removal perform the removal of ACM. Furthermore, the removal should be performed in accordance with the plans and specifications prepared for the specific project. National Emission Standards for hazardous Air Pollutants (NESHAP) The US Environmental Protection Agency (EPA) regulates asbestos-related activities under the National Emission Standards for Hazardous Air Pollutants (NESHAP), Subpart M, National Emission Standard for Asbestos, 40CFR Part 61. These standards were adopted by the state of North Carolina and are administered and enforced by the state Health Hazards Control Branch of the Division of Epidemiology, Department of The federal standard regulates air pollutants fromasbestos-related activities at' facilities". The definition of a "facility" in 40 CFR $61.141 excludes residential buildings having four ori fewer dwelling units; therefore, EPA does not regulate the asbestos removal activity. However, the state regulations do not exclude single residential dwellings in their definition of an' "installation" (15A NCAC 19C.0601) making the asbestos removal activity Environment, Health & Natural Resources. subject to state compliance. NC Solid Waste Management (15A NCAC 13B) The NC Department of Environment, Health, and Natural Resources, NC Solid Waste Section administers and enforces the state code dealing with the disposal of asbestos waste. The operational requirements for sanitary landfills" states that' "Asbestos waste that is packaged in accordance with 40 CFR 61, which is adopted by reference with G.S. 150B-14(c), mayl be disposed of separate and apart from other solid wastes at the bottom of the working face ori in an area not contiguous with other disposal areas, in either case, in virgin soil..." (Ref: 15A NCAC/13B.0505 (11)(d). Final acceptance oft the waste is the ANotifiçation of Demolition and Renovation must be filed with the state at least ten (10) working days prior to beginning the demolition. decision of the local landfill operator. 5 13 Occupational Safety and Health Act, (OSHA) 29 CFR Part 1926 The US Department of Labor regulates asbestos-related worker activities under the Occupational Safety and Health Act, (OSHA) 29 CFR Part 1926. These standards with amendments through October1 1, 1993, were adopted by the state of North Carolina under 13 NCAC 7c.0101 and are administered and enforced by the state Division of Occupational Safety & Health, NC Department of Labor as "NC Occupational Safety & Health Standards for the Construction Industry." An amendment toi the federal standards was published int the Federal Register on August 10, 1994, with revised federal standards to be implemented by April 10, 1995. This revision was adopted by the state on February The construction standards apply to: (1) Demolition or salvage of structures where asbestos is present; (2) Removal or encapsulation of materials containing asbestos; (3) Construction, alteration, repair, maintenance, or renovation or structures, substrates, or portions thereof, that contain asbestos; (4) Installation of products that contain asbestos; (5) Asbestos spilemergency cleanup; and (6) Transportation, disposal, storage, containment of and housekeeping activities involving asbestos, ont the site orl location at which construction activities are performed. (ref: 29 CFRS 1926.1101 (a)). The standards require that' "AIl Class I work shall be supervised by a competent person..." (ref: 29 CFR5192811010,00 Class I work includes the removal of Category la and II non-friable ACM and all RECM. The state accreditation classification for such a "competent person" is a' "Supervisor". Accordingly, a state-accredited supervisor should be on site during the removal of the asbestos-containing materials. It will be the duty of the supervisor to ensure that accredited workers in compliance with 1, 1995, under 13 NCAC7F.0201. applicable health & safety standards conduct the work. 6 14 FINDINGS The laboratory did not identify separate layers within the bulk samples. EPA and NESHAP asbestos regulations state that all multilayered systems, except for wall systems where joint compound is used, must be analyzed as separate layers. The procedure for identifying separate layers is a requirement, as published in the Federal Register on January 5, 1994. The PLM analysis determined that none of the samples submitted for evaluation contain asbestos. Robert A. Privott assumes no liability for asbestos containing materials that are not included in this asbestos inspection due tot the material being inaccessible, concealed, or not considered suspect ACM. Robert. A. Privott assumes no liability for the condition oft the building or associated building materials before or after the asbestos inspection. The results of the analyses pertain only tot the samples taken from the suspect materials. There is no warranty that the samples are fully representative of all materials that may be encountered ati the location. This inspection was conducted to comply with the Clean Air Act, National Emission Standards for Hazardous Air Pollutants (40 CFR Part 61) and is not intended to meet the requirements of the more rigorous Asbestos Emergency Response Act (AHERA), Asbesios-Containing Materials in Schools (40 Robert. A. Privott recommends that proper legal counsel and medical consultants be Thank you for the opportunity to serve you on this project. Please call ifl can be of CFR Part 763). involved to address specific legal and medical considerations. further assistance. Respectfully Submitted, March 15, 2023 PolA-But Robert A. Privott NC Accredited Asbestos Inspector No. 11729 7 15 Table of Exhibits . Sampling Form II. Asbestos Lab Report Summary III. - Asbestos Lab Bulk Analysis IV. Chain of Custody Record 8 16 I. Sampling Form 9 17 eurofins SAMPLING FORM CEI COMPANY COMTICINPOKMATON Company RobertA. Prwott Project Namne. 110Chlaf Joseph Lane, Ewin, NC Project IDS SAMPLEN ID# 6-01 E-02 E-03 E-04 Job Conkact. RobeA. Privott Tel 919-770-7536 VOLUMEI AREA DESCRPTON/LOCATON Asphen Shingle, Rool Asphall Shingle, Rod! Window Glazing Compsund Window Glazing Compound TEST TEM TEM TEM TEM TEM D TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM Pag7.2 Venuon, CC0C0718234P PLM PLM PLM PLM PLM PLM PUM PLM PLM PLM PUM PLM PLM PLM PLM PLM PUM PLM PLM PLM PLM PLM PLM PLM PLM PLM PLM PLM 10 18 II. Asbestos Lab Report Summary 11 19 eurofins CEI ASBESTOS ANALYTICAL REPORT By: Polarized Light Microscopy Preparedfor RobertA. Privott CLIENT PROJECT: 110 Chlef, Joseph Lane, Erwin, NC LABCODE: B2414551 TEST METHOD: EPA600/R93/116: and EPA600/M4-82/020 REPORTDATE: 08A01/24 TOTAL SAMPLESANALYZED: 4 #SAMPLES: >1%/ ASBESTOS: 730 SE Maynardi Road - Cary, NC27511-919481.1413 12 20 Asbestos Report Summary By: POLARIZINGI UGHT MICROSCOPY LAB CODE: B2414551 eurofins CEI PROJECT: 110 Chief Joseph Lane, Erwin, NC METHOD: EPA 600/R93/116 andi EPA 600/M4-82/020 ASBESTOS Nonel Detected Nonel Detectad Client ID Layer LabID E-01 E02 E03 E-04 Color Sample Description B2414551.01 Red,Black Aaphal Shngle 62474551.02 Red,Black Asphas Shingle 62414551.03 Brown B2414551.04 Brown Window Glazing Compound None Detected Windos Giazing Compound Nonel Detected 730 SEI Maynard Road- Cary, NCZ7511-918461.1413 Pagaid1 13 21 V.Asbestos Lab Bulk Analysis 14 22 6 eurofins CEI August1,2 2024 Robert A Privott 30 Wilow Run Sanford, NC: 27332 CLIENT PROJECT: CEILABO CODE: Dear Cuslomer: 110Chief. Josephl Lane, Erwin,! NC B2414551 Enclosed are asbestos analysis résults for PLM Bulk samples recelved at our laboratory on July 31, 2024. The samples were analyzed for asbestos using polarizing light microscopy Sample resuhts containing >1% asbestos are considered asbestos-containing materials (ACMs) per EPAI regulatory requirements. The detection limit for thel EPA 600 Method is <1% Thank! yout fory your business andi wel look forward to continuing goodi relations. (PLM) per thel EPA 6001 Method. asbestos by weight as delermined byy visual estimation. Kind Regards, hsh Tianbao Bai, Ph.D.,CIH Laboratory Director NVIAP MWWEIaIN" TESTING 15 23 ASBESTOS BULKANALYSIS By: POLARIZINGUGHTI MICROSCOPY eurofins CEI Client: RobertA_Privott 30Willow Run Sanford, NC2 27332 Lab Code: B2414551 Datal Racelved: 07-31-24 Date Analyzad: 08-01-24 Date Raportad: 08-01-24 Projact: 110 Chief. JosaphLane, Erwin, NC ASBESTOS BULKI PLM, EPA 6001 METHOD Clentio Lab Labio Description E-01 A3414551.61 E-42 62414551.02 E-03 82414551.03 Compound E-04 82414551.04 Compound Lab Amrbutes Fibrous Red,Black Fibrus Bound Red.Black Fibrous Bound Brown Non-fibrous Bound Brown Non-fbrous Bound NON-ASBESTOS COMPONENTS ASBESTOS Nonel Detected None Detected Nonel Detected None! Detacted Non-Fibrous 10% Gravel 10% Gravel 78% Binder 20% CalcCarb 2% Pahl 78% Binder 20% CakCarb 2% Paint Asphal Shingle Heterogeneous $0% Fiberglass 60% Tar Asphahs Shingle Helerogeneous 30% Fibergless 60% Tar Window Glazng Helerogeneous Window Glazng Helerogeneous 730 SEN ManadRad-Gam,NCZ11-48.81.145 Page1ol2 16 24 eurofins CEI LEGEND: Non-Anth Non-Asbestilom. Anthophylite METHOD: EPA600/P83/16andi EPAB0O/M4-82/020 REPORTING UIMIT: <1%b by visuale estimation REGULATORY LINIT:>1%1 by weight Non-Trem Non-Asbestiform Tremolite CalcCarb =Calcium Carbonate REPORTING LIMITI FORI POINT COUNTS: 0.25% by4 400 Points or0.1%1 by 1,000Points Due to the Emitations of the EPA 600 method, nonfriable organically bound materials (NOBs) sucha as vinyl floor Gles can be difficult to analyze via polarized light microscopy (PLM). EPA recommendsi that all NOBS analyzed by PLM, andi found not to contain asbestos, be further analyzed by Transmission Electron Microscopy (TEM). Please note that PLM analysis of dust and soil samples for asbestosi is not covered under NVLAP accreditation. Estimafed measurement of uncertainty is availabie on This report relates only tot the samples tested or analyzed and may not be reproduced, except int ful, without writlen approval by Eurofins CEL. Eurofing CEI makes no warranty representation regarding the accuracy of dient submittled information in preparing and presenting analytical results. Interpretation oft the analyticalresulis is the sole responsiblity of the client. Samples werer receivedi in acceptable condition unless otherwise noted. This report may not be used by the dient to claim product endorsement! by NVLAP or any others agency ofthel U.S. Govemment. Information provided! by customer indudes customer samplel ID and sample desciption. raquest. ANALYST: APPROVED BY: K Ks e Tianbao Bai, Ph.D.. CIH A Laboralory! Direclor NVLAP MIPETOOITSC TESTING, 730 SEI Mavnard Road- Cm.NCZI3I-CIR1343 Paoe2ot2 17 25 V. Chain of Custody Record 18 26 CHAIN OF CUSTODY ECEILab Code: 8241455 Job Contact RoberA. Pivoti Email Tel privoltbegmal com Peojeet, Name. 110 Chiel Josephlme, Erwn. NG Pigiectl ID# POS STATE SAMPLES COLLECTED! IN: North Carolina eurofins LAB USE Y CEI 730 SEI Maynard Road. Cary, NC27511 ECEI CLIENTA Company RobanA A Privol: Address 304 Wow Run Senford, NC2 27332 Emai. parsprail.con Tol 919-770-7536 ASBESTOS PLMBUK PLMPOINTO COUNTO (400, EPABOU PLMPOINT COUNT (1000) EPASOD POINT COUNT PUMS GRAVW PLMe BULK PCMAIR fEMAIR TEMAR TEMARI (PÇME TEMAIR FEMBULK TEMI DUSTV WIPE MICROVLC TEMOUSTN TEMSON YEMV VERMCULITE TEMQUALITATWE OTHER A Fax: FTATIS NOT MAREDSTADARDIDNVTAZ APPLIES. TURN AROUNDI TIME D D D D D a D D D D D D D D B D D - D L D D D D D D D D D L D D D D D D D D D D D D D D D - D D B D L D D D D D D B D D D D D D D D D D D D D D yo Accept Semples D Reject Samples Date/Time Bs 7131)24 14a METHOD EPASOJ EPA600 CARB435 NIOSH7400 EPAAHERA NIOSH7402 IsO 10312 ASTMS 8261-15 CHAYPELD ASTMD D8480055 (2010) D ASTH D5755-000 (2014) ASTME 07521-16 CANEAMATIMETNOD NHOUSE METHOD M 4HR BHR 1DAY 2DAY aDAY SDAY 33 D REMARKS/SPECIAL INSTRUCTIONS: Refinguished By BAthat Date/Time 7/4/24 3idbke Received By Bysubrntings saaples,) yoni are agreping (OECER Parme and Condlons. Saplos r be dlsposedersoaays afhar enslysis PpJ2 Verson CC0G.07.1813.LD USPs na aolu, 19 27 eurofins SAMPLING FORM CEI COMPANY CONTLCT INFORMATION Company RobertA. Prvolt Projsct Name: 110Chief Josephisne. Erwin, NÇ Project IDe SAMPLE IDN E-01 E-02 E-03 E-04 Job Conlact RobertA. Privott Tel 919-770-7536 VOLUME! AREA DESCRPTION/LOCATON Asphalt Shingle, Rool Asphell Shingle, Roof Window Glazing Compound Window Glazing Compound TEST TEM TEM TEM TEM TEM TEM TEM TEM TEM IEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM TEM VEM TEM TEM TEM Pag.7d.2 Vermon. CC0C.071823LD PLM PLM PLM PLM PLM PLM PLM PUM PLA PLM PLM PLM PLM PLM PLM PLM PLM PLM PLM PLM PLM PLM PLM PLM PLM PLM PLM PLM 20 28 10335 RamseySt. Linden, NC2 28356 910-694-2058 adunn@malmea.com Martin Edwards &Associates Inc. MA: Martin Edwards & Associates, Inc. (MEA) is a Small Women Owned Disadvantage Business, MEA is NC Certified HUB Zone Company, Historically Underutilized Business certified by NC Department of Administration and NC Department of Transportation. We are at federal, state and local government contracting firm located at 10335 Ramsey St., Linden, North Carolina 28356. MEA's corporate officer is, Ms. Nicole Dunn, President and Chief Executive Officer. The primary point of contact for this project will be Mr. Ashley Dunn. Contact info: dunn@malmea.com: cell phone-910.591-7420. MEA has provided demolition services throughout the state of NCI for the past 15 years. Some of our prior projects include the demolition of the old Benhaven Elementary Cafeteria in Harnett County, NC. The demolition of two therapy buildings on the Good Hope Hospital campus in Erwin, NC. We provided Demolition services for CommWell Health in Dunn, NC as they prepare to construct new buildings ont their campus. Also, MEA successfully completed the demolition of the old Erwin Elementary School in Harnett County. This project was comprised of5 buildings totaling approximately 80,000 square feet and the removal of underground utilities. MEA has and continues to provide demolition services for the State of NC to include the NC Office of State Budget & Management, town and city municipalities, and property management groups. In addition, MEA has present and past contracts for grinding and/or disposal of wood debris across North Carolina and South Carolina. MEA is pleased to provide this proposal for the demolition of property located at 111 Chief Joseph Lane for the Town of Erwin. Singérely, Vicole Dunn, President Q Town of Erwin Demolition 29 103351 Ramsey St. Linden, NC2 28356 910-694-2058 adunn@mailmei.com Martin Edwards &Associates Inc. MA MEA prides itself on our reputation and our ability to provide quick and excellent service to our customers. Upon the start of a new project, we remain committed to that project from start to finish without deviating between multiple jobs at one time. It is important to give our customer 100% of our attention to ensure the jobi is completed in a quick and safe manner. Below outlines our proposal commitments: The demolition, removal, and disposition oft the entire structure. MEA will provide all equipment and labor necessary to complete this process. Upon completion of demolition activities, MEA will grade the site to ensure proper drainage. MEA will obtain all permits necessary for completion of the demolition. Safety is a top priority for MEA. MEA agrees to comply with all OSHA guidelines throughout the entire MEA will document demolition activities with photographs prior, during, and after demolition activities are MEA agrees to work with the Town of Erwin throughout the entire process to salvage any materials the town demolition process with safety measures to include PPE and barricades if necessary. completed. wishes to retain. MEA will agree to provide all services as outlined in our proposal for a total cost of: $9,300.00 Town of Erwin Demolition 30 10335 RamseySt. Linden, NC2 28356 910-694-2058 adunn@mailmea.com Martin Edwards &A Associates Inc. MA REFERENCES Mr. Greyson Barefot-Commwel. Health dbarefoot@commwellhealth.Org 910-514-3286 Mr. Chris. Johnson - County of Harnett ohnsoneharnet.org 910-984-4173 Mr. Steve Matthews- Harnett County Schools matthews@harnett.k12.nc.us 910-990-1916 Mr. Ricky Symmonds-Good Hope Hospital dypymmondeyenoocom 910-984-7121 INSURANCE MEA has the following insurance coverage: Commercial General Liability: 2,000,000 Workers Compensation: 500,000 Automobile Liability: 1,000,000 Town of Erwin Demolition 31 DEMOLITION AND CLEARANCE BID SHEET Bid Opening Date/Time: Bid Opening Location: Property Address: February 21, 2024 at 4PM Town of Erwin Town Hall Conference Room 111 Chief. Joseph Lane (HC Tax PIN # 0597-63-3905.000) You may hand deliver your bid to: TownofErwin Attn: Snow Bowden, Town) Manager 100 West F Street, PO Box 459 Erwin, NC28339 Town ofErwin Attn: Snow Bowden, Town Manager 100 West F Street, PO Box 459 Erwm, NC28339 or you may mail your bid to: Bids not received by the time and date listed above will be rejected. Certain clearance activities are toi take place upon the lot described above. These include those services whicha are marked with anX. X Clearance ofBuildings, Debris and Lot Clearance ofLot Only Clearance of Alll Buildings Clearance ofOnly the Following Building: Clearance ofEntire Lot Clearance ofthe Following PortionofLot: X Additional Specific Directions: Contractor willl be responsible for grading the lot and seeding disturbed areas. Building Clearance - The complete removal ofall building materials from the loti including foundation, slabs, blocksand Lot Clearance - The removal ofall underbrush, trash, junk, trees less than 6"i in diameter downt to the bare ground int the DEFINITIONS: bricks immediate area ofthe structure unless otherwise specified above. 32 DEMOLITION AND CLEARANCE BID SHEET RESPONSIBILITIES OF CONTRACTOR INCLUDE: Coordinate with utility companies for the disconection ofall utilities and power and phone lines. Obtain any permits required from the Town Zoning Administrator, the County Building Inspection Office and the (x) The lawful disposal, at an approved disposal site, of all building materials, trash and brush removed from lot. Provide the Code Administrator with copies of all disposal trip tickets. Buring or burying of any debris is not (x) Gradingands smoothing disturbed areas (to accommodate aj push mower), sowing grass and coverings sownareas NOTE: Prior to commencing this project, the awarded contractor will be required to provide a current Certificate ofl Insurance submitted to the Town of] Erwin, Planning Department attention Snow Bowden, County Health Department. permitted. with sufficient straw to completely cover ground. Please fill out this bid form and retum all pages by the Bid Date shown at the top ofpage 1. Snow Bowden Town Manager 910-591-4200 DMITAISTAeTwP-cOTE PLEASEF PRINTTHE! FOLDWNGINPOAMATON: Bidder Information: Company Name Mactin Edwards Associates INC. Address 103352amy5t Lindin_NC2aDp Phone 410-444-206Ror410-5AF-7420 1. Iwill perform the above described services for a gross bid fee of$ 9300" 2. Inaddition,lamwiling: to deduct the sumofs 0.00 fors salvageablel buikding/other materials taken Item 1 (Gross Bid fee)s 9300" fromthe site and inl lieuofa cash payment. These materials willl be used to offset the above gross demolition bid priceas indicated below. Subtract Item 2 (Salvage Materials) $ 0 My net bidi is$ 930b90 33 DEMOLITION AND CLEARANCE BID SHEET Ning-nasnd nrax hurded Dollars (Myl Net Bid inv words) NiupOmg Printed Name ofCompany Representative Signature ofCompany) Representative Maps 34 TSI Disaster Recovery 2323 South Babcock Street - Melbourne, FL: 32901 . 407.891.8005 wwwsidisaster.com February 21, 2024 TOWN OF ERWIN 100 West F. Street Erwin, NC: 28339 RE: REQUEST FOR PROPOSALS: Demolition Contractors BID NUMBER: 2023/2024-001 Dear Mr. Snow Bowden, Please see attached proposal fort the demolition oft the building located at 111 Chief. Joseph Lane. TSI Disaster Recovery, LLC principal place of business: 2323 S Babcock Street, Melbourne, FL 32901 Contact: Henry Elmore, Managing Member Phone: Fax: Email: 407-891-8005 407-891-9005 info@isidisaster.com TSI Disaster Recovery has no Conflict of Interest with the Town of Irwin in either professional or personal financial interests. TSI Disaster Recovery has no arrangement to derive additional compensation from various investment and reinvestment products, including financial contracts. Please advise if additional information is required. Respectfully, Ly Henry W. Elmore Managing Member Attachment: Sample Certificate of Insurance Clearance Bid Form 35 DEMOLITION AND CLEARANCE BID SHEET Bid Opening Date/Time: Bid Opening Location: Property Address: February 21, 2024 at 4PM Town of Erwin Town Hall Conference Room 111 ChiefJoseph Lane (HC Tax PIN # 0597-63-3905.000) Youmayl hand deliver your bid to: Town ofErwin Attn: Snow Bowden, Townl Manager 100 West F Street, PO Box 459 Erwin, NC 28339 TownofErwin Attn: Snow Bowden, Townl Manager 100 West F Street, POI Box 459 Erwin, NC: 28339 or your may mail your bid to: Bids not received by the time and date listed above willl be rejected. Certain clearance activities are tot take] placet upont thel lot described above. Thesei include thoses services whicharer marked witha an. X. X. Clearance ofBuildings, Debris and Lot Clearance ofLot Only Clearance OfAIE Buildings Clearance ofOnly thel Following Building: Clearance ofEntire. Lot Clearance ofthe Following Portion ofLot: X Additional Specific Directions: Contractor willl be responsible for gradingt the bt and seeding disturbed areas. Building Clearance The complete removal ofal building materials from the loti including foundation, slabs, blocks and Lot Clearance - Thei removal ofallu underbrush, trash, junk, trees less than 6"i ind diameterdowntot thel bare ground inthe DERINITIONS: bricks immediate area ofthe structure unless otherwise specifed above. 36 DEMOLITION AND CLEARANCE BID SHEET RESPONSIBILITIES OF CONTRACTOR INCLUDE: U Coordinate with utility companies for the disconnection ofall utilities andj power and phone lines. Obtain any permits required fromi the Town Zoning Administrator, the County Building Inspection Ofice and the (x) The lawful disposal, at an approved disposal site, ofall building materials, trash and brush removed from lot. Provide the Code Adminstrator with copies of all disposal trip tickets. Burning or burying ofany debris is not (x) Gradingands smoothingd disturbed areas (to accommodates ap pushmower), sowings grass and covering sownareas NOTE: Prior to commencing this project, the awarded contractor will be required to provide a current Certificate ofInsurance submitted to the' Town of] Erwin, Planning Department attention Snow Bowden. Please fill out this bid form and return all pages by the Bid Date shownatt the top ofpage 1. County Health Department. permitted. withs sufficient strawt to completely cover ground. Snow) Bowden Town) Manager 910-591-4200 DMTTENRETAEMP-TPATR PLEASEPRINTTHEFOLLOWINGINGINFORMATION: Address 232.3 S. Babcock Svect Bidder Information: Company Name TSI Disastev LecevEg Melbowme FL 3290! 407-841-800s Phone 1. Iwillj perform the above described services for a gross bid fèe of$ $15,18D.0D 2. Inaddition,) Iamwilingt to deduct the sumofs 0.00 fors salvageable building/other materials taken Item 1 (Gross Bid fee)$ IS,180.0 fromthe site andi inlieuofac cashp payment. These materialsw willb bet usedt to offset the above gross demolition! bid priceas indicated below. Subtract Item 2 (Salvage Materials): $ 0- My net bidiss_ (S,180.00 37 DEMOLITION AND CLEARANCE BID SHEET Fleen Jhousani, Bne -huenbred à EHy Dollars (My Net Bidi inv words) Hennyw Eimoye Printed Name UfCompany Representative Signatgreo Representative h 222424 38 DATE (MMDDYYY) 2/2/2024 ACORb CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: Ift the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. #SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on REPRESENTATIVE OR PRODUCER, AND1 THE CERTIFICATE HOLDER. this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Bowen, Miclette & Britt ofF FL 850 Concourse Parkway S Suite #105 Maitland FL: 32751 INSURED TSI Disaster Recovery LLC 2323 S Babcock: St Melbourne FL 32901 COVERAGES INSR LTR NAME: CONTACT Tayley Abrahams PHONE 407-647-1616 (AC.NO.Ex: E-MAIL ADDRESS: labrahams@bmbinecom INSURERA A: Clearblue Insurance Company FAX (AIC. No): 407-628-1635 NSURERSIAFFORDINGA COVERAGE NAIC# 28860 TSIDISASTER INSURERB: INSURER C: INSURERD D: INSURERE: INSURERF: CERTIFICATE NUMBER:430678655 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS, AND CONDITIONS OF SUCHPOLICIES. LIMITS SHOWNI MAYI HAVE BEEN REDUCEDI BYF PAID CLAIMS. JADDLISUBR INSD wyp POLICYEFF POLICYEXP MM/DDNYYY) MM/DDMYYY TYPEOFI INSURANCE COMMERCIAL GENERALLIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE! LIMIT APPLIES PER: PRO- POLICY JECT OTHER: AUTOMOBILELABIITY ANYA AUTO OWNED AUTOS ONLY avasblebg lenmailing CodasuRerson as shown above. EXCESSLIAB DED RETENTIONS WOKERS ESWPENSA vepettaton? appies per artachedform. ANDE EMPLOYERS" LIABILITY AMYPROPRETORPARTMEREXECUTVE CFPCERAEMBEREXCUDED? (Mandatory! in! NH) lfyes, describe under DÉSCRIPTION OF OPERATIONS below POLICYN NUMBER LIMITS EACHOCCURRENCE DAMAGE TOR RENTED PREMISES (Eac occurrence) MEDE EXP (Any onep person) PERSONAL &A ADVINJURY GENERAL AGGREGATE PRODUCTS- COMPIOP AGG BODILYI INJURY (Perp person) $ BODILY INJURY (Pera accident) $ ROPEGTY DAMAGE EACHOCCURRENCE AGGREGATE PER STATUTE E.L.E EACHA ACCIDENT E.L. DISEASE- -EAEMPLOYEE $ E.L. DISEASE- POLICYLIMIT $ LOC SCHEDULED AUTOS Y AQ1YFL00353100 8/7/2023 8/7/2024 ÇOMBINEDS (Eas accident) SINGLELIMIT $1,000,000 XDESUVELBNBF OPEBATIANS ONS VEHICLES (ACORD1 101, Additional Remarks Schedulé, may! bea attached Ifmore spacei i Thet following pollcy provisions and/or endorsernents form part oft the policies ofi insurance represented byt this certficate ofinsurance SThet terms contained in the policies andlor endorsements. supersedei the representations. made herein Electronic copies ofthe policy provisions andlor endarsements listedheloware CLAIMS-MADE Y/N NIA DH CERTIFICATE HOLDER CANCELLATION SHOULDA ANY OFT THE ABOVE DESCRIBEDI POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SAMPLE ACCORDANCE WITHTHE POLICYPROVISIONS. AUTHORIZED! REPRESENTATIVE GvaEx 01988-2015 ACORD CORPORATION. Allrights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 39 DATE (MM/DDYYY) 1/22/2024 ACORD CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. IFSUBROGATIONI IS WAIVED, subject to the terms and conditions oft the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights tot the REPRESENTATIVE ORI PRODUCER, AND THE CERTIFICATE HOLDER. certificate holder in lieu ofs such endorsements). PRODUCER Keyes Coverage Insurance 5900 Hiatus Road Tamarac FL: 33321 INSURED TSI Disaster Reçovery LLC 2323 S Babcock St Melbourne FL 32901 COVERAGES INSR LTR CONTACT NAME: Kelly Tyson AC-NO.Ext: PHONE 954-724-7000 E-MAIL ADDRESS: ypong-syescoergecon 22559 INSURERB: Starstone Specialty Insurance Company INSURERO c: Liberty Mutuall Insurance Co INSURERD D: Westchester Fire Insurance Co FAX (AC, No): 954-724-7024 INSURERIS) AFFORDING COVERAGE NAIC# 44776 10030 License#: W138943 INSURERA A: Navigators Specialty Ins Co INSURERE E: INSURERF: CERTIFICATE NUMBER: 281483748 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING. ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWNI MAY HAVEI BEEN REDUCEDI BYI PAID CLAIMS. TADDL SUBR INSD WVD POLICYE EFE POLICYEXP MM/DD/YYY) MM/DDNYYY) 3/14/2023 3/14/2024 EACHOCCURRENCE TYPE OFI INSURANCE CLAIMS-MADE OCCUR GEN'LA AGGREGATE! LIMIT APPLIES PER: X POLICY SEO LOC OTHER: AUTOMOBILEL LIABILITY ANYA AUTO ALLOWNED AUTOS B UMBRELLALIAB X OCCUR EXCESSL LIAB DED RETENTIONS WORKERS COMPENSATION ANDE EMPLOYERS LIABILITY ANY OSTCAPTEECNE OFFICERMEMBERI EXCLUDED? (Mandatory in! NH) ifyes, describe under DÉSCRIPTION OF OPERATIONS! below MGL/P&I Marine Umbrella Pollutionl Liability POLICY NUMBER LIMITS $1,000.000 A X COMMERCIAL GENERAL LIABILITY Y Y GA23CGLZOD1RBIC DAMAGE TOF RENTED PREMISES (Eao occurrence) $100,000 MEDE EXP( (Any onep person) SEXCLUDED PERSONAL &A ADVINJURY $1,000,000 GENERAL/ AGGREGATE $2,000,000 PRODUCTS- COMP/OP AGG $2,000,000 COMBINED SINGLE LIMIT (Eaa accident) BODILY INJURY (Perp person) $ BODILY INJURY (Pera accident) $ $ $ $ $ $4,000,000 $ SCHEDULED AUTOS DASGRESRHEOPERATZ 1oALOCAHONS VEHICLES ACORD 101, Additional Remarks Schedule, mayb be attachedi ifmore space AFen DAMAGE Y Y 73255M231ALI 3/14/2023 3/14/2024 EACHOCCURRENCE CLAIMS-MADE /N N/A AGGREGATE STATUTE OTH- ER E.L. EACHACCIDENT E.L. DISEASE -EAE EMPLOYEE $ E.L. DISEASE POLICY LIMIT $4,000,00 $ $1,000,000C CSL Per Occurence Per Occurence LSMP21 1063 NY22LISZOSRZG011 & VMX8001526 G27909954 008 7/1/2023 7/1/2024 51.000.00052,00,000 10/2/2023 10/2/2024 $2,000,000 3/14/2023 CERTIFICATE HOLDER CANCELLATIONS 30 Days -101 for Non Payment ACCORDANCEWITHTHEN POLICYPROVISIONS. AUTHORIZED REPRESENTATIVE a SHOULD ANY OF1 THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN SAMPLE 01 1988-2014. ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) The ACORD name and logo are registered marks of ACORD 40 Dale 1/23/2024 NAIC# 11075 CERTIFICATE OF LIABILITY INSURANCE Producer: Plymouth Insurance Agency 2739 U.S. Highway 19N. Holiday, FL 34691 (727)938-5562 2739 U.S. Highway 19N. Holiday, FL 34691 This Certificatei isi issued as a matter ofi information onlya and confers no rights upon the Certificate Holder. This Certificate does nota amend, extend or alter the coverage afforded by the policies below. Insurers Affording Coverage Insurer A: Lion Insurance Company Insured: South East Personnel Leasing, Inc. & Subsidiaries InsurerE B: Insurer C: Insurer D: Insurer E: PolicyE Effective Coverages INSR ADDL LTR INSRD he policies ofi insuranceli listedE below haves been issuedi tot their insuredr named above fort thep policy penod indicated. Nowithstanding: any requirement, termo or condition ofa anyo contract ord other document with respect to whicht thiso certificater mayl bei issuedo or mayF pertain, their insurance affordedbyt thep policies described hereini iss subjectt toa allt thet terms, exclusions, andc conditions ofs suchp policies. Aggregate limits shownr may! havet beenr reduced! by paido dlaims. Policy Expiration Limits Type ofl Insurance GENERAL LIABILITY Commercial General Liability Claims Made Policy Number Date MM/DD/Y) Date(MMIDDNY) Each Occurrence Damaget tor rentedp premises (EA occurrence) MedE Exp Personal Advl Injury Generai Aggregate Products- Comp/Op Agg Combined Single Limit (EAA Accident) Bodily Injury (PerF Person) Bodily Injury (Per Accident) Property Damage (Per Accident) Each Occurrence Aggregate Occur General aggregate limit applies per: Policy AUTOMOBILE LIABILITY Any/ Auto AIIC OwnedA Autos ScheduledA Autos HiredA Autos Non-OwnedA Autos Project LOC EXCESS/UMBRELLA LIABILITY Occur Deductible A Workers Compensation and Employers' Liability Any popteovpamneievsautive. excluded? NO IfYes, describe under special provisions below. Other Claims Made wc Statu- OTH- toryLimits ER E.L.E Each Accident E.L. Disease EaE Employee $1,000,000 E.L. Disease Policyl Limits $1,000,000 WC71949 01/01/2024 01/01/2025 officer/member $1,000,000 Lion Insurance Company is A.M. Best Company rated A (Excellent). AMB #1 12616 Descriptions of Operatonslocations/vecesExclusons added by Endorsementspecla Provisions: Coverage only applies toa active employee(s) of South East Personnel Leasing, Inc. & Subsidiaries that arel leased tot thef following' "Client Company": Coverage only appliest toi injuriesi incurred by South East Personnel Leasing, Inc. & Subsidiaries: active employee(s), while workingi in: FL. Coverage does nota apply tos statutory employee(s) ori independent contractor(s) oft the Client Company or any other enuty. Alisto oft the active employee(s)! leased tot the Client Company canb be obtained bye emailing a request toc MdbMScONeTSN Client ID: 92-70-447 TSI Disaster Reçovery, LLC ISSUEC 01-23-24 (KLT) Begin Date: 6/30/2016 CERTIFICATE HOLDER SAMPLE CANCELLATION Shoulda anyo oft thea above described policies be cancalled before the expiration datet thereof, thei issuing insurery wille endeavort ton mail 30d days written noticet tothed certificate! holder namedt to thele left, butf failuret to dosos shalli imposer noo obligation or liability ofa anyk kind upont theit insurer, its agents or representatives. 7a + NEW BUSINESS ITEM: 3C Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: August 26, 2024 Subject: Reschedule October Regularly Scheduled Meeting As you alll know our regularly scheduled October Town Board meeting is on Thursday, October 3rd.Iknow that the Erwin. Area Chamber of Commerce is hosting a Gospel Sing event that night. The Gospel Sing is aj part of the Denim Days event. If feel like we should reschedule our meeting to the second Tuesday ofOctober which would be on Thursday, October 10th at 7PM. We are expecting to have at least one or two public hearings at our October meeting sO we need toi figure out a date and time sO we can fulfill our legal advertising requirements. IfOctober 10th does not work for the majority of you we can discuss other potential dates. 42 NEW: BUSINESS ITEM 3D Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: August 26, 2024 Subject: 2024-2025 SRO MOU We have received the 2024-2025 signed SRO MOU from the Harnett County School System. We will need to sign this MOU and return it to the Harnett County School System. 43 SCHOOLRESOURCE OFFICER: PROGRAM REIMBURSEMENT. AGREEMENT! FOR ELEMENTARY ANDI PRIMARYSCHOOLS (hereinafter "Agreement") effective July 1, 2023 is made and This Reimbursement and between Agreement thel Harnett County Board of Education (hereinafter "Board"), the entered into by of the Hamnett County Schools (hereinafter "HCS"), the County of Harnett governing body "County"), and the' Town of Erwin (hereinafterreferred to as the "Town"). (hereinafter WITNESSETH: WHEREAS, the Board and the Town entered into a School Resource Officer Program Memorandum ofUnderstanding (hereinafter referred to asi the* "MOU") effective October 1,2018; WHEREAS, Article V ofthel MOU states th the Board and governing body oft the' Town to enter into a separate contract to address the assignment of School Resource Officers agree (hereinafter referred to as' "SRO" or collectively "SRO#") to specific HCS schools and payment for SRO services during each fiscal year; and WHEREAS, the Board and the Town entered into a School Resource Officer Program for Elementary and Primary Schools (hereinafter referred to as the Reimbursement Agreement "MOU)effective' October 1,2018; and WHEREAS, the Board and the Town desire to update the School Resource Officer actual Reimbursement Agreement for Elementary and Primary Schools to reflect the NOW,THEREFORE, inc consideration ofthe! promises and covenants ofthe parties herein and other good and valuable consideration, the: receipt and sufficiency of which are Program costs incurred by the' Town. contained, acknowledged, thel Board, County, and the' Town dol hereby agree as follows: hereby Articlel SROSchool. Assignment The' Town shall hire and train law enforcement officers to serve as SROs] pursuant tot the MOUin each ofthe following schools within the Town'sl limits: 1. Erwin! Elementary SROs forr non-SRO purposes the MOU. scheduledl holidays, the Town shall have thei right to utilizet the Between school years and during so long as such uses dor not conflict with any ofthei requirements of 1 -44 Article! II Compensation for SRO Services The County, as) part oft the Current Expense Funding made to thel Board every fiscal year, shall include eleven-twelfths (11/12) ofthe yearly allocation, identified below, tol be used by the Board to compensate for law enforcement officers performing SRO services during the months The compensation to be paid by County to the Town for reimbursement of the SRO services described in thel MOUa and fornon-SROp purposes during scheduled holidays and between school years shall bes set at $74,249.00 per fiscal year, which shall bej paid over twelve (12) equal monthlyi installments over the course oft the fiscal year in accordance with Articlel m. The annual compensation paid by the County shall increase by three percent (3%) at thel beginning of each subsequent fiscal year. Ift the total amount of funds expended on the SROs for the then-current term oftheMOUE exceeds the allocated amount fort the current fiscal year, the Town shall bes solely responsible for the excess expenditures of the SRO's services, unless the agreed upon in writing Att the conclusion oft the academic year, the County will invoice thel Board: for all expenses that school isi in session. by the County. incurred for SRO activities. Articlel mI Invoices for SRO Services Inordert tor request payment, the7 Town shall submit monthlyi invoicest tot thel Hamett County Sheriff's Office (hereinafter referred to as "HCSO") describing the applicable charges, including identification of personnel who performed the services, the date the services were performed, the school at which the SROperformedi thes services, and reimbursable expenses, ifany. Ifthei invoice contains expenditures: for non-SRO purposes duringas scheduled! holiday, thei invoice shall identify the type of services performed by the SROs. Prior to submission ofi invoices to the Board, the HCSO shall verify them for accuracy within fivel business days oft receipt. Once verified, County shall process andj payi invoices within 30 days ofreceipt. Article IV Term and' Termination of Agreement The term of this Agreement shall begin on. July 1,2 2023 and end on Jume 30, 2026 (the "Initial Term"), unless terminated earlier as1 herein provided.. Att the expiration ofthel Initial' Term, this Agreement shall antomatically renew for successive one (1) year terms upon the renewal of thel MOU, unless any ofthep parties provide at least 30 days' written notice ofitsi intent tot terminate This Agreement may be terminated by any party, with or without cause, upon 90 days' written notice tot the other parties. However, this Agreement shall automaticallyltemminate' without notice upon the termination oft thel MOU. If at any time this. Agreement is terminated during the Initial Temm or any subsequent term oft the MOU, the parties shall negotiate and execute al new agreement thati is compliant with. Article' V or any amendment thereofprior to thet termination date ofthis. Agreement, unless any amendment oft thel MOU nol Ionger requires such an agreement. prior to the expiration oft the then-current term. 2 45 Article V Notice Any notice, consent, or other communication in connection with this. Agreement shall be in writing and may be delivered inj person, by mail, or by facsimile transmission (provided sender confirms noticel by written copy). Ifhand-delivared, the notice shall be effective upon delivery. Ifby facsimile copy, ther notice shall be effective when sent. Ifserved by mail, ther notice shall be effectivet threet business days addressed being deposited appropriately to the address set forth1 below: after in1 the United States Postal Service by certified mail, returni receipti requested, Tol Board: Harnett County Schools Attention: Superintendent 1008 South 11 Street Lillington, North Carolina 27546 ToCounty Brent' Trout County. Manager Post Officel Box 759 Lillington, North Carolina 27546 With copy to: Christopher Appel Senior County Staff Attomey Post Office Box 238 Lillington, North Carolina 27546 ToTown Snow Bowden Town Manager 100WFStreet Erwin,NC28339 3 46 Article VI Miscellaneous Provisions 1. Relationship ofl Parties. The parties to this Agreement shall be independent contractors, shall and nothing herein shall be construed as creating aj partnership orj joint venture; nor employee ofthe parties be construed as employees, agents, or principals ofs any other any to this Agreement. Each party agrees to assume the liability for its own acts or party omissions, or the acts or omissions of their employees or agents, during the term ofthis Governing Law: Venue. This Agreement shall be governed by the laws of the State of 2. North Carolina. Thevenuet fori initiation ofany such action shalll bel Hamett County, North 3. Amendments andModifications. Additional Policiesand] Procedures. This Agreement amendment may is be modified or amended by mutual consent of the partics as long as the Agreement, to the extent permitted under law. Carolina Superior Court. executed int the same fashion as this. Agreement. 4. Entire Agreement. This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral, relating 5. Severability. Ini the event that any provision ofthis Agreement shall bei invalid, illegal, or ofherwise unenforceable, the validity, legality, and enforceability of the remaining 6. No Third Party) Benefits. There arel no third-party beneficiaries to this Agreement. of action Nothing int this. Agreement shall create or give to third parties any claim or right 7. Counterparts. This Agreement may bec executedi in one ori more counterparts, eachofwhich and the same shall be deemed an original, but all of which taken together constitute one tot the subject matter ofthis Agreement. provisions shall in no wayl be affected or impaired thereby. against thej parties. instrument. All 8. E-Verify: parties General North Carolina compliance. shall comply with thei requirements of Article 2 ofChapter 64 ofthe "Verification of Work Authorization," and will provide any party to this Agreement demonstrating such Statutes, documentation reasonably requested by INWITNESS WHEREOF, the parties hereto caused the Agreement tol be executed ont their behalves. HARNETT COUNTY BOARD OF] EDUCATION psca Chair EOg ATTBST: COUNTY OF1 HARNETT byl Menan William Morris, Chainhan Hamett County Board of Commissioners ATTEST: us Cpp) MelissCapps, Clerk TOWN OF ERWIN Mayof E6 ATTEST: Cbusfz 48 Re: Renewal of School Resource Officer Program Memorandum ofUnderstanding Per Article VII, entitled' "Amendments and Modifications: Additional Policies and] Procedures" ofthe School Resource Officerl Program Memorandum ofl Understanding dated October 1, 2018("MOU"), attached hereto, thel Harnett County Board of] Education and' Town ofl Erwin mutually agree toi renew the MOU.' The terms are contingent on thei negotiations with the! Sheriff or Police Chieft that allow the school district tos address performance issues with individual school resource officers actively. All other terms and conditions will remain thes same: for at term of121 months, beginning. July 1,2024, and ending June 30, 2025. SIGNATURES: Duaelg 8-19-24 DATE DATE 49 9010 MINUTES CONTINUED FROM AUGUST 26, 2024 Town did not need to take over something that the Town would have to pay toi fix. Taking over this parking lot would come with a price tag of 5200,000-5300,000 and the owner needed to pay Mayor Baker stated that prior to the Town taking ownership of the parking lot, public notice would be needed to differentiate that the left-hand side would be public parking and the right- hand side would still be private parking. He stated that in the public parking lot next to Town Attorney Tim Morris' office, two large dump trucks use that parking lot to park their trucks. He stated that was something the Board also needed to consider. He stated he was not against the Commissioner Blackmon stated we needed to go back to Ms. Joseph and establish some boundaries. All legal documentation and improvements to the parking lot should be paid for or reimbursed by Ms. Joseph. The mount causing the flooding issue in the center oft the parking lot Commissioner Byrd recommended the businesses develop the side lot for employees to park if Mayor Baker asked ift the Erwin Chamber allowed vendors to set up in the parking lot in front of Josephs atl Denim Days and someone got hurt, would Ms. Joseph or the Erwin Chamber of Town Manager Snow Bowden stated that the Erwin Chamber of Commerce would be liable The consensus of the Board was to instruct Town Manager Snow Bowden to go back to Ms. Joseph with the Town Board's concerns about the drainage issues, parking for employees, to address the issues prior to the Town agreeing to take ownership. request but he wanted to look at the pros and cons. needed tol be removed. the Town agreed to take ownership of the parking lot. Commerce bel liable? during the event. and the cost of the repairs to the parking lot. W.N. Porter Park Stream Town Manager Snow Bowden stated this was one oft the grants the Town received to assist in conducting a feasibility study toi improve the stream that runs through Porter Park. This grant from NCDEQ did: require a $10,000 match. This was a standard contract and he shared this contract with Town Attorney Tim Morris but had not heard back from him at that time. This will not fix the issue at Porter Park, but it would hopefully be a step in the right direction to make Porter Park safer for kids. Commissioner Byrd stated the State needed to fix the issue with the road. Commissioner Blackmon stated that this feasibility study leads to more grants. The consensus of the Board was to place this item under consent at the Regularly Scheduled Board Meeting in September and a budgetamendment to be presented to the Board for the needed funding. NEW BUSINESS ITEM 3E Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: August 26, 2024 Subject: Joseph's Parking Lot Mrs. Joseph contacted the" Town ofl Erwin to inquire about the' Town taking over ownership oft the parking lot ini front of the building that her family owns in downtown! Erwin. Thej property can bei identified byi its address of1 1021 East H Street and/or corresponding Harnett County Tax PIN# #0597-64-9546.000. Thej parking lot in front oft this building is private property. Thej parking lot that is nextt to the old bank building at 101 North 13th Street with corresponding Harnett County Taxl PIN #0597-64-7525.000. Town Staff1 has reached out tot the owners of 101 North 13th Street and we are: still waiting tol hear back from them at thet time ofthis memo. Thel Erwin. Area Chamber ofCommercel has always had to request permission from the Joseph's to use their parking lot. Thel Erwin Area Chamber of Commercel has always asked forj permission from the owner of 101 North 13th Street (Curr-Well) Developments LLC) to use their parking lot. Ini full disclosure, I have since learned that this has not been happening as its should.) Iwill address this issue with the Erwin. Area Chamber of Commerce. There have been other events such as 5k's on thel Dunn-Erwin Rail' Trail that have used this parking loti in the past as well that were events not associated with the Erwin Area Chamber of Commerce or This idea has been discussed before andj previous Boards have decided to not take over ownership of the parking lot. There are al lot ofi items to consider before taking action on thisi idea. As an example, before the North Carolina Department ofTransportation (NCDOT) will accept a roadi into their highway system they require the road tol be brought up to their standards before they would accept the road. Ifwe want to consider taking this parking lot do we want to require that the necessary improvements be made to thej parking lot? From aj planning perspective, thel building at 102 East H Street would need tol have a variance approved: for any newi property line. Taking over ownership ofthis parking lot could lead to further issues with traffic especially duei to the fact that the parking lot at 101 North 13th Street is still private property. You would not be: able to turn thisi into a one-way street without having access tol North 13th Street. There are also stormwater issues Tot the blind eye, it appears that thej parking lot owned by the. Joseph family is actually public parking for downtown Erwin. People park their vehicles in that parking lot while using thel Dunn-Erwin Rail Trail. People park ini thej parking spaces and go across the street to the businesses in downtown Erwin. Plenty of people drive The parking loti is private property soi ifthe property owner wants to block offa access and put signs up thati is their right to do so. Ifthey wish they could put up signage and have vehiçles towed and so forth. Iam! happy to do more research on1 this item ifthisi is something that you want to move: forward with. Town Staff would like the Town of Erwin. However, the events did support the community. that would need tol be addressed. through the parking lot likei iti isa ai road parallel withl East H Street. some direction on this request. 50 10 -, 5670107 STATE OF NORTH CAROLINA HARNETT CQUNTY DEED THIS DEED, made this. 15th day ofl December, 1971, by mitbehein BURZNOTOMMDISTRIS, n Delaware corporation soith its.corporate offices sthe CHy.ofCreenslore,* Guilford County, North Carolina, 'and DURHAM AND SOUTHERNRAIWAT ÇOMPANY, a North Carolina coiporation with its corporate offices in the City of Durham, Durhian Couty, North Cayolina, parties. of the, fixst part, and.LouIS JOSEPE and GEORGEJQSEPH, JUNIOR ofthe Towm of Eroin, Harnett Counly, North Carolina, parties of thé second . iw : : :. part; WITNESSETH: That Burlington Industries, party oft tie Frsrpart, for aid in consideration oft the sum, of Onè Huendred (100) Dollars; and other good and valable consides- ations, to it in, hand paid by the parties of the' sècond part, the receipt ofwhich is hereby ackmowledged, has bavgatned and sold and by thesepresents does bargain, selz and çonvey unto 'said parliés of the second part, their heirs and assigns, a tract or parcel of land'sihited in thé Toron of Erwin,, DukeTown-. ship, County of Harmett and siate of Novth Cairolina, sohich tract oy parcel of That. Durkam qnd Southern Railsoay Compary, party of fhe first part, for and tn consideration of the sum. of Ten" 10) Dollars ana other good and valvable considerations, to itb hand paid by the parties of the second part, the receipt ofuhich is erebyachiowladgat, has bargatnéd and .i spld ànd by these presents does bargain, selz and convey' thto said parties of the second * "3- , * . : : land is descryibed hereafter. . & : r : : DOFFERMYRE, part,, thetr-heirs and assigns, dny' and alz interest it may have,, including alz COUNEELOISAYIAY UE Town of Eywin," Duke Tounship; County of Harnett and State ofNorth Cavolina, BUNK.MERS34 sohich tract or paycel of land is more particularly descyibed as follows: POPE AND egsemerifs and TILGHMAN. ho,B7ZE tract or parcel of land sitviated in the rights-of-eay,arat :. *s rh. s : BEGINNING at ai poit in the'Western margin of Northiz2tk Street # the, Town of Erwin, Dukè Tounship, North Carolina, which pqet is 55.24 feet North of the center of the main railroad track of the Durham and TRANSFER REÇORDED IN THE OFFICE OF HRNETT COUNTY TAX SUPERVISOR ON-KmK22 JAX SUPERVISOR BY, 107 Southern. Railoay Compary wohere said tvack crosses North 12th Street and runs thence. North 89 degrees 51 mines West 150. 00 feet to a point, thence North 0 degrees 09 mindes East 2.52 feet to a point, thence South 75 degrees 53 mintes 10. seconds West, 50,00 féet to a . point, thence South 72 degrees 25 minutes 20 seconds West 77.08feet to a concrete monment, thence South 0 degree' 09 mintes West, 13.94 feet to a point, a new cormer in the northern vight-of-way line.of said railroad, thence eastwardly along said right-of-way line being 10 feet distant from center line of said railroad track, curving to the right an'. arc Zink of57.36 feet to a new cormer, thence South 89 degrees 61 m* indes Bast 214.50 feet to a point, thence North Odegree 09mines Being tract. No. 2! per map entitled "Property of George Joseph, Jy. and. Louis Joseph", dated September, 30, 1971, prepared by. Pledmont Engineering Co. of Du, North Cavolina, and vecorded in Map Book 17,. Page 6 in the office of the. Register of Deeds' af Harnett Couty, to sohich map refevence' is hereby made for a mnove accusate and'certain TOHAVEAND TO. HOLD the above described tract or parcel of land, soith allithe privileges and appurtenarices thereuto belonging, or in any woise ap- That fhe said. Bulington bdusfries, party of the firstpart, does covenant that it is seized of said premises inj fee and has the wight to convey the same in fee simple; that the same are. free. from encumbrances; and that # soilz wayrant and defend the said title to the same against the claims of all persons sohomsoeper., IN TESTMONY WHEREOF, the said Burlington Industries, party of the. first, part, has caused this. Deed to be, signed in its corporate name by its Vice- President, attested by its. Assistait Secretary, and sealed with its common cor- porate seal, and the said Durham and Souther. Railay Çompary has caused this Deed to be signed by aslhupresident, atfested by its lafSacrelary and sealed soilk #s common corporateseal, the day and year first above'oritten, East 45. 24) feet to the beginning. description: pertaining, unto the said parties of the second part. BURLINGTON INDUSTRIES GAw Vice Prgsident By DOFFERMYRE. POPE AND TIGHMAN P.0.Rox77s DUNN. 83 Ew ATLAW ATTEST: - Assistank Secretary ATE O5. SAR-672 Fa.16737 Real Estete SI5 IX 50 Geneulel *29m. 52. 10 DURHAM. AND. SOUTHERN RAILWAE COMPANK e President. ATTEST: Secvetary ROLINA KCouNTT A Lh N lu. % Notary'Puklic, do hereby certify that DAthR u deentr Vice-Presideit, personally came before me this day and. ackopledged that he is Vice-Pré sidentof Burlington Industries, and that, by authorily duly given and as the act of the corporation, the foregoing instrument soas signed in its namé by its Vice-President, sealed with its corporgte seal and aèsted by A - h ) as Secretary: my hand avd notgrial sedt, this fedl4lay of. G My Comm. Expires: $24/16 NORTH CAROLINA ane COUNTY H Dss a Notary Public, doi heyeby certify that R, Ota Picise Pyesidert persorially DOFFERMYRE. came before me this day and acimnowledged that he urpsident ofihe TILGHMAN Durham and Southeri. Ratlwayt Compary, and: : that, by authoriy. duly given and POPE AND COUNSELGREATLAY as the act of the corporation,, the foregoing instrment soas., signed in its name sLMPresident, sealedwith its corporate seal and attésted, byy Witness my. hand and notayial seal, this the aday of bina Secretayy. & 197 My Comm. Epires: M-lo-nl 107 Nortk Carolina-Heriett County Pheila funggin cortitled toi bg This day Thef foregalng cerlilcete fhus adily divitt Notar-Pubic aeu iedelin Countjas BOOK ayE PASELAE, JAN 6 iT INEZ AHASICTNS APSR corct 19/a. pilk Beat Register.of Deeds Harett County NE SPERFT Su8 Says gRsur w6 wu EcIsu : 3.aas4 satose 2psag & psph 1e 54 #:415492 USPIMEpA B4 "T CpGP pa myih ay. siniy 4a, * Syjrsa 54 % 0 38 FOR OF DDS n 1:22:51 A .244 P6:381-300 FEE:23. SRVB42SASS HARNETT COUNTYTAXID" Q6107.407 AABYSG Prepared by: Jennifer J. Slusser, PO Box' 778, Lillington, NC 27546 Parcel II No.: 0615079007 NORTH CAROLINA HARNETT COUNTY NON-WARRAMTYDEED THIS DEED, made and entered into this 20th day of June, 2006, by and between North Carokina Rail-Trails, Inc., the land trust, Post Office Box 61348, Durham, North Carolina 27715, hereinafter called Grantor, and County of Harnett of1021 Front Street, Lillington, North Carolina 27546, hereinafter called Grantee; WITNESSETH: That said Grantor, for valuable consideration to it in hand paid, the receipt of which is hereby acknowledged, and the valuable considerations received by preserving and conserving the Dunn-Erwin Railway corridor for future rail use has remised and released and by these presents does remise, release, convey, and forever quitelaim unto the Grantee, its heirs and/or successors and assigns, all right, title, claim andi interest oft the Grantor in and to all ofi its right-of-way and other property, including any and all land, crossings, bridges, trestles, culverte, buildings, signals, signage, crossing control devises, communication lines, and poles that are affixed as of the date of this deed to the land in Harnett County between the below described painte, situate, lying between Dunn, North Carolina and Erwin, North Carolina, located on the Erwin Spur of the Florence Division of CSX Transportation between Mile Post SDS-58 and Mile Post SDS - 66.66 and Mile Post SDE-0.00 and Mile Post SDE-2.02, including all spur corridors at various locations, hereinafter designated "the Premise," and more particularly described in Exhibit "A", description attached 56 hereto and incorporated herein, and containing 61.33 acres, more or less. A map showing above-described property is recorded in Map No. 2005-863-864 Harnett The Grantee's obligations in the railbanking and conservation requires the 1. That when Surface Transportation Board of the United States Department of Transportation restores rail service trail accommodations That conservation requirements do not allow any" buildings, permanent structures, or other encroachments to be in ar on the rail corridor than 3. That for pedestrian, bicycle and future railroad safety no new at grade That the exercise of such reservations and rights does not unreasonably interfere with the conservation and safe use oft the rail corridor. To have and to hold the aforesaid parcel of land and all privileges thereunto belonging to it, the Grantee, its heirs and/or Buccessors and assigne, free and discharged from all right, title, claim or interest whatsoever oft the Grantor or anyone claiming by, through or under it either in law ar equity, unto the proper use benefit and enjoyment, being restricted by the above stated reservation herein referenced, to the Grantee, the Grantee's! heirs and assignees or successors and assigns. The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and assigns, and shall include singular, plural, masculine, IN WITNESS WHEREOF, the Grantor has hereunto set their hands and seals, ori ifcorporate has caused this instrument tol be signed ini its corporate name by its duly authorized officer andi its seal tol be hereunto affixed by authority ofi ite Board County Registry. following four reservations: will existi in the same corridor; and currently exist; and crossings ofthel Premises, are tol bej permitted; and feminine or neuter a8 required by context. ofDirectors, the day and year first above written. (THE REMAINDER OF THIS PAGEI IS INTETIONALIYBLANTO 57 ORPOARPYMRIPA INC. AG, falal ALBERT C. CAPEHAR, JR., PRESIDENT SEAL ATTEST: baR.eard SECRETARY (SEAL) COUY NORTH CAROLINA Chetham COUNTY CG-Sohtmc a Notary Public of the County and state aforesaid, certify that aaPIasrm, came before me this day and acknowledged that be OF she is Secretary of North Carolina Rail-Trails, Inc., a corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed ini its namel byi its President, Albert C. Capehart, Jr., sealed withi its corporate seal, and attested by himselfor herself as its Secretary. Witness my hand and official stamp, this the. _daydfJune, 2006. C Notary Public My Commission Expires: 0830-2005 58 EXHIBIT"A" The property hereinabove described was acquired by the Grantor by instrument recorded in Book 1412, Page 0982-09745, Plat recorded Mapst #2000, Pages 658-658i Harnett County Registry from the Aberdeen & Rockfish Railroad, Co., d/b/a Dunn- Erwin Railway acquired from CSX Transportation, recorded Book 846, Page 967- 968 Harnett County Registry reçorded Book 745, Page 168-165 Harnett County Registry from CSX Transportation, Successor to Seaboard Air Line Railroad, Successor to the Durham and Southern Railroad, and Successor to the Cape Fear and Northern Railroad, original recipients of the railroad property as recorded in Harnett County Register ofl Deede Office in: Deed Book 161 161 161 161 161 161 161 161 161 161 162 162 162 162 162 163 163 163 163 163 164 164 164 165 165 165 165 165 168 169 Page 164 165 167 168 169 170 171 384 385 886 72 74 75 143 445 28 29 153 467 473 9 10 12 22 26 60 61 62 26 240 All of the above being recorded in the Office oft the Public Records, Registered Further, it is the intent of the GRANTOR to convey to the GRANTEE by this non-warranty deed all ofi its right-of-way and real property between the Beginning Points and Termination Points, whether covered by the above referenced deed of Deed Harnett County, Lillington, North Carolina. recordings or not. 59 7, COURFT Bry 8 HORTH CAROI KIMBERLYS. HARGROVE REGISTER OF DEEDS, HARNETT 305 W CORNELIUS HARNETT BLVD SUITE 200 LILLINGTON, NC 27546 FHed For Regletration: 08/22/2008 11:22:51 AM Document No.: 2006011538 Book: RE 2244 Page: 381-385 DEED 5PGS $23.00 Recorder: ELMIRA MCLEAN State of North Carolina, County of Hamett KIMBERLYS.MAROROVE,REGISTER OF DEEDS DO NOT DISCARD 2006011538* 2006011538 60 SBZSN CONTROL SURVEY PREPARED FOR NORTH ÇAROLINA RAIL-TRAILS AVERASSORO a DUKE TOlowne CAROLINA JORDAN- TEW & ASSOCIATES,PA. ENGINEERING, SURVEYING, RLANINQAMATRLNSTISTINO HARETT COUNTY P.O.] BOX 249 DUNNPH.(910)8 892-5159 DUNN,N.C.28335 FAYE. PH(910)483-1489 61 6841-E84 (OT6) Hd IXVI SEE8Z O'N' NNAG MATCH 6519-268 (016) HdN NNAG 6V2XOE Od - ALNAOO BMMSNAOL YN na . OWORIVIAV STVITVE VNITOHVDHINON 804 aavand ABAMS T0HINOO ONIISIISTVPEIVKP NINNYIHPNIKAANS' DNISHENIONG Vd'SIIVIDOSSY 28 MEL - NVGHOI 5 SOUTH11TH STREET NORTH11TH STREET NORTHSTH STREET 82 NORTH12TH STREET SOUTH1 12TH STREET NORTH1 10TH STREET Jad SOUTH10TH STREET : NORTHBTH STREET SOUTH8TH STREET B B 5 NORTH1 13TH: STREET PAss SOUTH 3TH STREET MATCH 1 62 NEW BUSINESS ITEM: 3F Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: August 26, 2024 Subject: W.N. Porter Park Stream Wel have received the contract from the North Carolina Department ofEnvironmental Quality (NCDEQ). Thisi is one of the two grants that we have obtained to try and improve the stream that runs through W. N. Porter Park. This grant does require a $10,000 match. This grant ist to conduct a feasibility study to assess potential stream stabilization and/or other restoration alternatives along an approximately 900 foot section ofa stream that feeds into. Juniper Creek. This grant should help us make better use oft the CCAP grant that Harnett County Soil and Water Conservation District helped us obtain. Iwould like to thank the Harnett County Soil and Water Conservation District for their help with the application process for this grant as well. 63 Docusign Envelope ID: D88490B3E4148EF-40967A387E53F735 GRANT CONTRACT NO. 100525-000 WRDG CW52888 2023F UT to Juniper Creek Porter Park SR Feasibility STATE OF NORTH CAROLINA Financial Assistance Agreement North Carolina Department of Environmental Quality GRANTEE'S FEDERAL IDENTIFICATION NUMBER: **.***0158 This financial assistance agreement is hereby made and entered into, by and between the NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY (the Department") and the Town of 1.0 Audit and Other Reporting Requirements of the Local Government Commission: If subject to the audit and other reporting requirements of the Local Government Commission pursuant to Article 3 of Chapter 159 of the North Carolina General Statutes (Local Government Budget and Fiscal Control Act), the Grantee understands and agrees that thet terms, conditions, restrictions and requirements hereinafter set forth shall only apply tot the extent not inconsistent with, or superseded by, the audit and other reporting requirements of the Local Government Commission. 2.0 Contract Documents: The agreement between the parties consists of this document (the "Contract Cover") and its attachments, which are identified by name as follows: 2.1 Grantee's Award Letter (Attachment. A) 2.2 State's General Terms and Conditions (Attachment B). 2.3 Notice of Certain Reporting and Audit Requirements (Attachment C). 2.4 Grantee's Conflict of Interest Policy (Attachment D). 2.5 Grantee's Certification of No Overdue Tax Debts (Attachment E). 2.6 Department's Request for Proposal ("RFP") (Attachment F). Erwin (the "Grantee"1) 2.7 Grantee's Response to RFP, including scope of work, line-item budget, budget narrative and, if applicable, indirect cost documentation (hereinafter referred to generally as the "Award Proposal") (Attachment G). Together, these documents (the "Contract Documents") constitute the entire agreement between the parties (the "Agreement"), superseding all prior oral or written statements or agreements. Modifications to this Contract Cover or to any other Contract Document may only be made through written amendments processed by the Department's Financial Services Division. Any such written amendment must be duly executed by an authorized representative of each party prior to the 3.0 Precedence Among Contract Documents: Ini the event of a conflict or inconsistency between or among the Contract Documents, the document with the highest relative precedence shall prevail. This Contract Cover shall have the highest precedence. The order of precedence thereafter shall be determined by the order of documents listed in Section 2.0 above, with thet first- listed document having the second-highest precedence and the last-listed document having the lowest precedence. If there are multiple contract amendments, the most recent amendment has the highest precedence and the oldest amendment has the lowest precedence. 4.0 Contract Period: This Agreement shall be effective from September 2, 2024, to September 2, 1The contract documents attached hereto may at times use alternative terms to describe the Grantee or Subgrantee. Such terms might include, but are not necessarily limited to, thef following (in common or proper form): "recipient," "applicant,"or contract expiration date. 2026, inclusive of those dates. "participant." Page 1of6 V.2024.08.16 64 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 GRANT CONTRACT NO. 100525-000 WRDG CW52888 2023F UT to Juniper Creek Porter Park SR Feasibility 5.0 Grantee's Duties: As a condition of the grant award, the Grantee agrees to: 5.1 Undertake and deliver the grant award project, plan or services as described in the Award Proposal (Attachment G), adhering to all budgetary provisions set out there throughout the 5.2 Ensure that all award funds are expendedi in a manner consistent with the purposes for which they were awarded, as described morei fully in the attached Contract Documents. 5.3 Comply with the requirements of 09 NCAC 03M.0101, et seq. (Uniform Administration of State Awards of Financial Assistance), including, but not limited to, those provisions relating to audit oversight, access to records, and availability of audit work papers in the possession 5.4 Comply with the applicable provisions of Attachment C, Notice of Certain Reporting and Audit 5.5 Maintain all records related to this Agreement (i) for a period of six (6) years following the date on which this Agreement expires or terminates, or (i) until all audit exceptions have 5.6 Comply with all laws, ordinances, codes, rules, regulations, and licensing requirements applicable to its performance hereunder and/or the conduct of its business generally, including those of Federal, State, and local agencies having. jurisdiction and/or authority. 5.7 Obtain written approval from the Department's Contract Administrator (see! S 14 below) prior tor making any subaward or subgrant not already described in the Award Proposal. 5.8 Ensure that the terms, conditions, restrictions and requirements of this Contract Cover, including those incorporated by reference to other Contract Documents and/or applicable law, are made applicable to, and binding upon, any subgrantee who receives as a subaward or subgrant any portion of the award funds made available to the Grantee hereunder. 5.9 Take reasonable measures to ensure that any subgrantee () complies with the terms, conditions, restrictions and requirements set forth in this Contract Cover, including those incorporated by reference to other Contract Documents and/or applicable law, and (i) provides such information in its possession as may be necessary for the Grantee to comply course of performance. of any auditor of any recipient of State funding. Requirements. been resolved, whichever is longer. with such terms, conditions, restrictions and requirements. 6.0 Historically Underutilized Businesses: Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are atl least fifty-one percent owned and operated by an individual(s) of the categories. Also included in this category are disabled business Pursuant to G.S. 143B-1361(a), 143-48 and 143-128.4, the Department invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required functions int this contract.. Any questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized 7.0 Department's Duties: The Department shall pay. the Grantee in the manner and amounts specified below and in accordance with the approved budget set forth in the Award Proposal. 8.0 Total Award Amount: The amount of awarded funds paid by the Department to the Grantee under this Agreement shall not exceed! $10,000.00 (the "Amount of Award"). This amount consists enterprises and non-profit work centers for the blind and severely disabled. Businesses at (984),236-0130. of: Funding: Type of Funds Appropriations Funding Source Page 20 of6 CFDA No. N/A North Carolina General Assembly V.2024.08.16 65 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 GRANT CONTRACT NO. 100525-000 WRDG CW52888 2023F UT to Juniper Creek Porter Park SR Feasibility Accounting Code information: Dollars $10,000.00 Company 1600 Budget Fund (6 Digits) Natural Account (8 Digits) Agency Management Unit (AMU) (7 Digits) 0000000 214801 56900014 Grantee Matching Information: 8.1 There are no matching requirements from the Grantee. 8.2. There are no matching requirements from the Grantee; however, the Grantee has committed the following match to this project: In-Kind Cash Cash and In-Kind Other/Specify: $ $ $ $ E 8.3 The Grantee's matching requirement is $10,000.00, which shall consist of: In-Kind Cash Cash and In-Kind Other/Specify: $ $10,000.00 $ $ X L 8.4 The Grantee is committing to an additional $0.00 to complete the project or services described in the Award Proposal. Based on the figures above, the Total Contract Amount is $20,000.00. 9.0 Invoice and Payment: The award funds shall be disbursed to the Grantee in accordance with the 9.1 The Grantee shall submit invoices to the Department's Contract Administrator at least quarterly. The final invoice must be received by the Department within forty-five (45) days following the date on which termination or expiration of this Agreement becomes effective. Amended or corrected invoices must be received by the Department's Financial Services Division within six (6) months ofs such date. Anyi invoice received thereafter shall be returned 9.2 The Department shall reimburse the Grantee for actual allowable expenditures. As used herein, "allowable expenditures" are expenditures associated with work conducted to meet performance obligations under this Agreement, provided such work is carried out in a manner consistent with the Award Proposal. The Department may withhold payment on following provisions: without action. Page 3of6 V.2024.08.16 66 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 GRANT CONTRACT NO. 100525-000 WRDG CW52888 2023F UT to. Juniper Creek Porter Park SR Feasibility invoices when performance goals and expectations have notl been met or when the manner Reimburse for allowable expenditures according to the amount specified in SOW/a minimum percentage of contract totals withheld until DEQ accepts final work. Reimburse actual invoices submitted up to ninety percent (90%) of the DEQ contract amount, with ten percent (10%) of the contract amount withheld until DEQ accepts final Reimburse after all local cash match has been expended and documentation has been Reimburse actual invoices submitted with a minimum of ten percent (10%) of the invoice amount withheld until DEQ accepts the final work with the Department retaining a minimum often percent (10%) ofthe Total Award Amount until all grant-related activities are completed and all reports/delverables are received and accepted by the Department. of performance is inconsistent with Attachment F. work. Lump sum payment when DEQ accepts contract fulfillment. approved by the Contract Administrator. 10.0 Grantee's Fiscal Year: The Grantee represents that its fiscal year is from July 1stt to. June 30th 11.0 Availability of Funds: The Grantee understands and agrees that payment of the sums specified herein shall be subject to, and contingent upon, the allocation and appropriation of funds to the 12.0 Reversion of Unexpended Funds: The Grantee understands and agrees that any unexpended grant funds shall revert to the Department upon termination oft this Agreement. 13.0 Supplantation of Expenditure of Public Funds: The Grantee understands and agrees that funds received pursuant to this Agreement shall be used only to supplement, not to supplant, the total amount of Federal, State and local public funding that the Grantee would otherwise expend 14.0 ContractAdministratons: Each party shall submit notices, questions and correspondence related to this Agreement to the other party's Contract Administrator. The contact information for each party's Contract Administrator is set out below. Either party may changei its Contract Administrator and/or the associated contact information by giving timely written notice to the other party. MacDonald Snow Bowden Jr./ Town Manager Amin Davis, Grant Administrator Department for the purposes described int this Agreement. to carry out the project or services described int the Award Proposal. Grantee Contract Administrator Company: Town of Erwin Address: PO Box 459 City/State/Zip: Erwin, NC 28339 Telephone: 910-591-4200 Email: owmmanagercenin-ncog Grantee Principal Investigator or Key Personnel Mark Walton, Natural Resources Conservationist Harnett Soil & Water Conservation District 126 Alexander Drive, Suite 200 Lillington, NC 27546 Telephone: 910-893-7584 Email: mwalton@hamet.org Department's Contract Administrator Division: Water Resources Address: 1617 Mail Service Center City/State/Zip: Raleigh, NC 27699-1617 Telephone: 919-707-9132 Email: amin.davs@ueg.ncgox Subgrantee Contract. Administrator [Name and Title] [Company Name] [Post Office Address] [City, State and Zip] Telephone: Email: Page 4 of6 V.2024.08.16 67 Docusign Envelope ID: D88490B3E41-8EF-840967A187E53F73 GRANT CONTRACT NO. 100525-000 WRDG CW52888 2023F UT to Juniper Creek Porter Park SRI Feasibility 15.0 Assignment: The Grantee may not assign its obligations or its rights to receive payment 16.0 Procurement: The Grantee understands and agrees that all procurement activities undertaken in connection with this Agreement shall be subject to the following provisions: 16.1 None of the work or services to be performed under this Agreement involving the specialized skill or expertise of the Grantee shall be contracted without prior written approval from the 16.2 Int the event the Grantee or any subrecipient of the Grantee contracts for any oft the work to be performed hereunder, the Grantee shall not be relieved of any duties or responsibilities 16.3 The Grantee shall not contract with any vendor who is restricted from contracting with the State of North Carolina pursuant to N.C.G.S. SS 143-133.3, 143-59.1, 143-59.2 or 147.86.60. 17.0 Subawards: The Grantee understands and agrees that any subaward or subgrant of any portion of the financial assistance provided hereunder shall not relieve the Grantee of any duties or 18.0 Title Viand Other Nondiscrimination Requirements: Throughout the course of its performance hereunder, the Grantee shall comply with all applicable State and Federal laws, regulations, executive orders and policies relating to nondiscrimination, including, but not limited to: hereunder. Department. herein set forth. responsibilities herein set forth. 18.1 Title VI of the Civil Rights Act of 1964, as amended; 18.2 Civil Rights Restoration Act of 1987, as amended; 18.3 Section 504 of the Rehabilitation Act of 1973, as amended; 18.4 Age Discrimination Act of 1975, as amended; 18.5 Titles II and II of the Americans with Disabilities Act of 1990, as amended; 18.6 Title IX of the Education Amendments of 1972, as amended; 18.7 Part III of Executive Order No. 11246 (September 24, 1965), as amended; and 18.8 Section 13 of the Federal Water Pollution Control Act Amendments of 1972. In accordance with the above laws and their implementing regulations, the Grantee agrees to ensure that no person in the United States is, based on race, color, national origin, sex, age or disability, excluded from participation in, denied the benefits of, or subjected to discrimination under any program or activity for which the Grantee receives Federal assistance. For purposes of this provision, "program or activity" shall have the meaning ascribed tot that term under Federal law (see The Grantee understands and acknowledges that, in addition to itself, any lower-tier recipient of the financial assistance provided hereunder must also comply with the requirements of this section. Accordingly, the Grantee agrees to include a similar provision in any financial assistance agreement 19.0 E-Verify: To the extent applicable, the Grantee represents that it and each of its subgrantees, contractors and/or subcontractors performing work pursuant to, or in association with, this Agreement follow Article 2 of Chapter 64 of the North Carolina General Statutes, including the requirement that certain employers verify the work authorization of newly hired employees using 20.0 Termination by Mutual Consent: This Agreement may be terminated by mutual consent of the parties, provided the consent is documented in writing and duly executed by an authorized 42 U.S.C.S. $2000d-4a). made with any lower-tier recipient of such assistance. the Federal E-Verify system. representative of each party. Page 5of6 V.2024.08.16 68 Docusign Envelope ID: 0889490B-3E41-46EF-B409-67A387E53F73 GRANT CONTRACT NO. 100525-000 WRDG CW52888 2023F UT to. Juniper Creek Porter Park SR Feasibility 21.0 Survival: Any provision contained in this or any other Contract Document that contemplates performance or observance after the termination or expiration of this Agreement shall survive the 22.0 Signature Warranty: The undersigned represent and warrant that they are authorized to bind their principals to the terms and conditions of this Contract Cover and the Agreement generally, INI WITNESS WHEREOF, the Grantee and the Department execute this Agreement by their duly termination or expiration hereof and continue in fulli force and effect. including those incorporated by reference to applicable law. authorized representatives on the day and year below. Town of Erwin NORTH CAROLINA DEPARTMENT OF ENVIRONMENTAL QUALITY Grantee's Signature Printed Name and Title Organization Department Signature or Authorized Assignee Leroy Kodak Procurement Director Printed Name and Title DEQ Department of Procurement Town Manager Snow Bowden Jr. Department Date Date Page 6of6 V.2024.08.16 69 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 Attachment A ROY COOPER Govemor ELIZABETH S.J BISER Secretary RICHARDEROGERSJR. Director NORTH CAROLINA Environmental Quality May 17,2024 Snow Bowden, Town Manager Town of] Erwin PO Box 459 Erwin, NC28339 Dear Mr. Bowden, The Division of Water Resources (DWR) of the North Carolina Department of Environmental Quality (NCDEQ) is pleased to announce that $10,000 ini financial assistance for aj project located We congratulate the Town of Erwin on its sponsorship of the UT to Juniper Creek at Porter Park Feasibility Study. This grant will provide financial assistancei to conduct ai feasibility study to assess potential stream stabilization or restoration alternatives along an approximately 9001 linear foot section of an unnamed tributary to Juniper Creek located within Porter Park. Your ongoing efforts to improve the condition of water resources in yourjurisdiction are to be commended. DWR will be contacting your staffs soon concerning the administrative requirements, including the signing of a grant contract with the State, for the use of state funds for this project. This award letter is not a guarantee ofi funding due to the COVID-19 pandemic or other unanticipated events that could reduce current appropriated state: funding, any contracts shall be subject to availability We look: forward to working with you on this project. Ifyoul have questions, please contact. Amin in your) jurisdiction has been approved by the State ofNorth Carolina. off funding. Davis at! 919-707-9132 or via email at: amin.davis@degnegov. Director, Division of Water Resources E ECc: Mark Walton, Harnett Soil & Water Conservation District Amin Davis, Division of Water Resources Chad Turlington, Division of Water Resources North Carolinal Departnent ofl Environmental Qualityl Division ofV Water Resources 512N. Salisbury Street] Raleigl, North Carolina 27699-1617 919-707-9000 EDE9 70 Docusign! Envelope ID: D889490B-3E41-6EF-B409-67A387E53F73 ATTACHMENT B GENERAL TERMS AND CONDITIONS GOVERNMENT ENTITIES 1.0 Definitions: Unless indicated otherwise from the context, the following terms shall have the following meanings int this Contract. All definitions are from 91 NCAC 3M.0102 unless otherwise noted. If the rule or statute that is the source oft the definition is changed by the 1.1 "Agency" (as used in the context of the definitions below) means and includes every public office, public officer or official (State or local, elected or appointed), institution, board, commission, bureau, council, department, authority, or other unit of government of the State or of any county, unit, special district or other political sub-agency of government. For other purposes in this Contract, "Agency" means the entity identified as one of the 1.2 "Audit" means an examination of records or financial accounts to verify their accuracy. 1.3 "Certification of Compliançe" means a report provided by the Agency to the Office of the State Auditor that states that the Grantee has met the reporting requirements established by this Subchapter and included a statement of certification by the Agency and copies of 1.4 "Compliance Supplement" refers to the North Carolina State Compliance Supplement, maintained by the State and Local Government Finance Agency within the North Carolina Department of State Treasurer that has been developed in cooperation with agencies to assist the local auditor in identifying program compliance requirements and audit 1.5 "Contract" means a legal instrument that is used to reflect a relationship between the 1.7 "Financial Assistance" means assistance that non- State entities receive or administer in the form of grants, loans, loan guarantees, property (including donated surplus property), cooperative agreements, interest subsidies, insurance, food commodities, direct appropriations, and other assistance. Financial assistance does not include amounts received as reimbursement for services renderedi to individuals for Medicare and Medicaid 1.8 "Financial Statement" means a report providing financial statistics relative to a given part 1.9 "Grant" means financial assistance provided by an agency, grantee, or sub-grantee to carry out activities whereby the grantor anticipates no programmatic involvement with the 1.10 "Grantee" has the meaning in NCGS 143C-6-23(a)(2): a non-State entity that receives a grant of Statei funds from a State agency, department, or institution but does not include any non-State entity subject to the audit and other reporting requirements of the Local Government Commission. For other purposes in this Contract, Grantee" shall mean the entity identified as one of the parties hereto. For purposes of this contract, Grantee also 1.11 "Grantor" means an entity that provides resources, generally financial, to another entity 1.12 "Non-State Entity" has the meaning in NCGS 143C- 1-1(d)(18): A firm, corporation, partnership, association, county, unit of local government, public authority, or any other person, organization, group, or governmental entity that is not a State agency, adopting authority, the change shall be incorporated herein. parties hereto. the submitted grantee reportingi package. procedures for testing those requirements. agency, grantee, and sub-grantee. 1.6 "Fiscal Year" means the annual operating year of the non-State entity. patientservices. ofa an organization's operations or status. grantee or sub-grantee during the performance of the grant. includes other State agencies such as universities. inordert to achieve a specified goal or objective. department, or institution. V.2024.03.05 71 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 1.13 "Public Authority" has the meaning in NCGS 159-7 7(10): A municipal corporation that is not a unit of local government or a local governmental authority, board, commission, council, or agency that () is not a municipal corporation, (i) is not subject of the State Budget Act, and (i) operates on an area, regional, or multiunit basis, and the budgeting and accounting systems of which are not fully a part of the budgeting and accounting 1.14 "Single Audit" means an audit that includes an examination of an organization's financial statements, internal controls, and compliance with the requirements of Federal or State 1.15 "Special Appropriation" means a legislative act authorizing the expenditure of a 1.16 "State Funds" means any funds appropriated by the North Carolina General Assembly or collected by the State of North Carolina. State funds include federal financial assistance received by the State and transferred or disbursed to non-State entities. Both Federal and State funds maintain their identity as they are sub-granted to other organizations. Pursuant to NCGS 143C-6-23(a)(1), the terms "State grant funds" and "State grants" do not include any payment made by the Medicaid program, the Teachers' and State Employees' Comprehensive Major Medical Plan, or other similar medical 1.17 "Sub-Grantee" has the meaning in NCGS 143C-6- 23(a)(4): a non-State entity that receives a grant of State funds from a grantee or from another sub-grantee but does not include any non-State entity subject to the audit and other reporting requirements of the 1.18 "Unit of Local Government has the meaning in NCGS 159-7(b)(15): A municipal corporation that has the power to levy taxes, including a consolidated city- county as defined by NCGS 160B-2(1), and all boards, agencies, commissions, authorities, and 2.1 Independent Contractor: The Grantee is and shall be deemed to be an independent contractor int the performance of this Contract and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. The Grantee represents that it has, or shall secure at its own expense, all personnel required in performing the services under this agreement. Such employees shall not be employees 2.2 Subcontracting: To subcontract work to be performed under this contract which involves the specialized skill or expertise ofthe Grantee or his employees, the Grantee first obtains prior approval of the Agency Contract Administrator. In the event the Grantee subcontracts for any or all of the services or activities covered by this contract: (a) the Grantee is not relieved of any of the duties and responsipilities provided in this contract; (b) the subcontractor agrees to abide by the standards contained herein or to provide such information as to allow the Grantee to comply with these standards, and; (c) the subcontractor agrees to allow state and federal authorized representatives access to any records pertinent to its role as a 2.3 Sub-grantees: The Grantee has the responsibility to ensure that all sub-grantees, if any, provide all information necessary to permit the Grantee to comply with the standards set 2.4 Assignment: The Grantee may not assign the Grantee's obligations ort the Grantee'sr right to receive payment hereunder. However, upon Grantee's written request approved by 2.4.1 Forward the Grantee's payment check(s) directly to any person or entity designated systems of a unit of local government. awards. designated amount of public funds for a specificpurpose. programs. Local Government Commission. institutions thereof that are not muncpalcorporations. 2.0 Relationships of the Parties of, or have any individual contractual relationship with, the Agency. subcontractor. forth in this Contract. the issuing purchasing authority, the Agencymay: V.2024.03.05 72 Docusign Envelope ID: D889490B-E41-8EF-8A0967A387E53F73 by the Grantee, or Grantee's payment check(s). 2.4.2 Include any person or entity designated by Grantee as a joint payee on the 2.4.3 Such approval and action does not obligate the State to anyone other than the Grantee and the Grantee remains responsible for fulfillment of all contract 2.5 Beneficiaries: Except as herein specifically provided otherwise, this Contract inures to the benefit of and is binding upon the parties hereto and their respective successors. Itis expressly understood and agreed that the enforcement of the terms and conditions of this Contract, and all rights of action relating to such enforcement, are strictly reserved to the Agency and the named Grantee. Nothing contained in this document shall give or allow any claim or right of action whatsoever by any other third person. Iti is the express intention oft the Agency and Grantee that any third person receiving services or benefits obligations. under this Contract is an incidental beneficiary only. 3.0 Indemnity 3.1 Indemnification: Int the event of a claim against either party by a third party arising out of this contract, the party whose actions gave rise to the claim is responsible for the defense of the claim and any resulting liability, provided that a party may not waive the other party's sovereign immunity or similar defenses. The parties agree to consult with each other over the appropriate handling of a claim and, in the event they cannot agree, to consult 3.2 Insurance: During the term of the contract, the Grantee at its sole cost and expense provides commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. As a minimum, the Grantee provides and maintains the following coverage and 3.2.1 Worker's Compensation: The Grantee provides and maintains Worker's Compensation insurance as required by the laws of North Carolina, as well as employer's liability coverage with minimum limits of $500,000.00, covering all of Grantee's employees who are engaged in any work under this contract. Ifany work is sublet, the Grantee requires the subgrantee to provide the same coverage for any of his employees engaged in any work under this contract. 3.2.2 Commercial General Liability: General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the 3.2.3 Automobile: Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles used in performance of the contract. The minimum combined single limit is $500,000.00 bodily injury and property damage; $500,000.00 uninsured/under insured motorist; and Providing and maintaining adequate insurance coverage is ar material obligation of the Grantee andi is ofthe essence of this contract. The Grantee may meet its requirements of maintaining specified coverage and limits by demonstrating to the Agency that there is ini force insurance with equivalent coverage and limits that will offer at least the same protection to the. Agency. Grantee obtains insurance that meets all laws of the State of North Carolina. Grantee obtains coverage from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The Grantee complies at all times with with the Office of the Attorney General. limits: limit of liability.) $25,000.00 medical payment. v.2024.03.05 73 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this contract. The limits of coverage under each insurance policy maintained by the Grantee do not limit the Grantee's liability and obligations under the contract. 4.1 Termination by Mutual Consent: Either party may terminate this agreement upon sixty (60) days notice in writing from the other party. Int that event, all finished or unfinished documents and other materials, at the option of the Agency, be submitted to the Agency. If the contract is terminated as provided herein, the Grantee is paid in an amount which bears the same ratio to the total compensation as the services actually performed bear toi the total services oft the Grantee covered by this agreement; for costs of work performed by subcontractors for the Grantee provided that such subcontracts have been approved as provided herein; or for each full day of services performed where compensation is based on each full day of services performed, less payment of compensation previously made. The Grantee repays to the Agency any compensation the Grantee has received which is in excess of the payment to which he 4.2 Termination for Cause: If, through any cause, the Grantee fails to fulfill in timely and proper manner the obligations under this agreement, the Agency thereupon has the right to terminate this contract by giving written notice to the Grantee ofs such termination and specifying the reason thereof and the effective date thereof. Int that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Grantee, at the option of the Agency, be submitted to the Agency, and the Grantee is entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials. The Grantee is not relieved of liability to the Agency for damages sustained by the Agency by virtue of any breach of this agreement, and the Agency may withhold payment to the Grantee for the purpose of set off until such time as the exact amount of damages due the. Agency from such breach can be determined. 4.3 Waiver of Default: Waiver by the Agency of any default or breach in compliance with the terms of this Contract by the Grantee is not a waiver of any subsequent default or breach and is not a modification oft the terms of this Contract unless stated to be such in writing, signed by an authorized representative of the Agency and the Grantee and 5.0 Availability of Funds: The parties to this Contract agree and understand that the payment of the sums specified in this Contract is dependent and contingent upon and subject to the appropriation, allocation, and availability of funds for this purpose to the Agency. 6.0 Force Majeure: Neither party is in default ofi its obligations hereunder ifi it is prevented from performing such obligations by any act of war, hostile foreign action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, or other catastrophic natural event 7.0 Survival of Promises: All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless 8.1 Copyrights and Ownership of Deliverables: Any and all copyrights resulting from work under this agreement shall belong to the Grantee. The Grantee hereby grants to the North Carolina Department of Environmental Quality ar royalty-free, non-exclusive, paid- up license to use, publish and distribute results of work under this agreement for North 4.0 Default and Termination ise entitled herein. attached to the contract. or act of God. superseded by applicable Federal or State statutes of limitation. 8.0 Intellectual Property Rights v.2024.03.05 74 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 Carolina State Government purposes only. 9.0 Compliance with Laws: The Grantee understands and agrees that it is subject to compliance with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct ofi its business, including those ofi federal, state, and local 10.0 Equal Employment Opportunity: The Grantee understands and agrees that it is subject to compliance with all Federal and State laws relating to equal employment opportunity. 11.0 Confidentiality: In accordance with NCGS $143B-1350(e), 9 NCAC 06B.0103, 09 NCAC 06B.1001, NCGS $143-52(a), and 01 NCAC 05B.0102, the Grantor keeps confidential any information, data, instruments, documents, studies or reports given to or prepared or assembled by the Grantee under this agreement and does not divulge or make them available to any individual or organization without the prior written approval of the Agency. The Grantor acknowledges that in receiving, storing, processing or otherwise dealing with any confidential information it will safeguard and not further disclose the information except as otherwise provided in this Contract or without the prior written approval of the Agency. Grantee may designate appropriate portions of its response as confidential, consistent with and tot the extent permitted under the Statutes and Rules set forth above, by marking the top and bottom of pages containing confidential information with a legend in boldface type 12.1 During, and after the term hereof during the relevant period required for retention of records by State law (G.S. 121-5, 132-1 et seq-, typically five years), the State Auditor and any Purchasing Agency's internal auditors shall have access to persons and records related to the Contract to verify accounts and data affecting fees or performance under the Contract, as provided in G.S. 143-49(9). However, if any audit, litigation or other action arising out of or related in any way to this project is commenced before the end of such retention of records period, the records shall be retained for one (1) year after all issues arising out oft the action are finally resolved or untili the end oft the record retentions 12.2 The following entities may audit the records of this contract during and after the term of the contract to verify accounts and data affecting fees or performance: 12.2.2 The internal auditors of the affected department, agency or institution. 12.2.3 The Joint Legislative Commission on Governmental Operations and legislative employees whose primary responsibility is to provide professional or 12.3 The Joint Legislative Commission on Governmental Operations has the authority to: 12.3.1 Study the efficiency, economy and effectiveness of any non-State entity 12.3.2 Evaluate the implementation of public policies, as articulated by enacted law, administrative rule, executive order, policy, or local ordinance, by any non-State 12.3.3 Investigate possible instances of misfeasance, malfeasance, nonfeasance, mismanagement, waste, abuse, or illegal conduct by officers and employees of anon-State entity receiving, directly or indirectly, public funds, as it relates to the officer's or employee's responsibilities regarding the receipt of public funds. 12.3.4 Receive reports as required by law or as requested by the Commission. agencies having jurisdiction and/or authority. CONFIDENTIAL. 12.0 Access to Persons and Records: period, whichever is later. 12.2.1 The State. Auditor. administrative services to the Commission. receiving public funds. entity receiving public funds. 12.3.5 Access and review V.2024.03.05 75 Docusign Envelope ID: D889490B-3E41-8EF-840967A387E53F73 12.3.5.1 Any documents or records related to any contract awarded by a State agency, including the documents and records of the contractor, that the Commission determines will assist in verifying accounts or will 12.3.5.2 Any records related to any subcontract of a contract awarded by a State agency that is utilized to fulfill the contract, including, but not limited to (i) records related to the drafting and approval of the subcontract, and (i) documents and records of the contractor or subcontractor that the Commission determines will assist in verifying accounts or will contain data affecting fees or performance. contain data affecting fees or performance; and 12.4 The Joint Legislative Commission on Governmental Operations has the power to: 12.4.1 Compel access to any document or system of records held by a non-State entity receiving, directly or indirectly, public funds, to the extent the documents relate to the receipt, purpose or implementation of a program or service paid for with 12.4.2 Compel attendance of any officer or employee of any non-State entity receiving public funds, provided the officer or employee is responsible fori implementing a 12.5 Unless prohibited by federal law, the Commission and Commission staff in the discharge of their duties under this Article shall be provided access to any building ort facility owned or leased by a non-State entity receiving public funds provided () the building or facility isu used to implement a program or provide a service paid for with public funds and (i) the access is reasonably related to the receipt, purpose, or implementation of a program or 12.6 Any confidential information obtained by the Commission shall remain confidential andi is 12.7 Any document or information obtained or produced by Commission staff in furtherance ofs staff's duties to the Commission is confidential and is not a public record as definedi in 12.8 A person who conceals, falsifies, or refuses to provide tot the Commission any document, information, or access to any building or facility as required by this Article with the intent tor mislead, impede, or interfere with the Commission's discharge ofi its duties under this 13.0 Record Retention: The Grantee may not destroy, purge or dispose of records without the express written consent of the Agency. State basic records retention policy requires all grant records to be retained for a minimum of six (6) years or until all audit exceptions have been resolved, whichever is longer. If the contract is subject to Federal policy and regulations, record retention may bel longer than six (6) years since records must be retained for a period of three years following submission oft thet final Federal Financial Status Report, if applicable, or three years following the submission of a revised final Federal Financial Status Report. Also, if any litigation, claim, negotiation, audit, disallowance action, or other action involving this Contract has started before expiration of the six (6) year retention period described above, the records must be retained until completion ofi the action and resolution of all issues which arise from it, or until the end of the regular six (6) year period described above, 14.0 Time Records: The Grantee will maintain records of the time and effort of each employee receiving compensation from this contract, in accordance with the appropriate OMB circular. 15.0 Choice of Law: The validity of this Contract and any of its terms or provisions, as well as the rights and duties of the parties to this Contract, are governed by the laws of North public funds. program or providing a service paid for with public funds. service paid for with public funds. not a public record as defined in G.S. 132-1. G.S. 132-1. Article shall be guilty of a Class 2 misdemeanor. whichever is later. V.2024.03.05 76 Docusign Envelope ID: D889490B-3E41-46EF-B4D9-67A387E53F73 Carolina. The Grantee, by signing this Contract, agrees and submits, solely for matters concerning this Contract, to the exclusive jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive venue for any legal proceedings shall be Wake County, North Carolina. The place of this Contract and all transactions and agreements relating to it, and their situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or tort, relating to the validity, construction, 16.0 Amendment: This Contract may not be amended orally or by performance. Any amendment must be made in written form and executed by duly authorized representatives oft the Agency 17.0 Severability: In the event that a court of competent jurisdiction holds that a provision or requirement oft this Contract violates any applicable law, each such provision or requirement shall continue to be enforced to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this Contract shall remain in full 18.0 Headings: The Section and Paragraph headings in these General Terms and Conditions are not material parts of the agreement and should not be used to construe the meaning 19.0 Time of the Essence: Time is oft the essence in the performance of this Contract. 20.0 Care of Property: The Grantee agrees that it is responsible for the proper custody and care of any State-owned property furnished him for use in connection withi the performance of his contract and will reimburse the State fori its loss or damage. Ownership ofe equipment purchased under this contract rests with the Grantee. As it relates to software development or study results, ownership rests with the Agency. Inthe event that clarification of ownership is required, the Agency Contract Administrator will make the determination. 21.0 Travel Expenses: All travel, lodging, and subsistence costs are included int the contract total and no additional payments willl ber made in excess oft the contract amounti indicatedi in above. Contractor must adhere tot the travel, lodging and subsistence rates established in the Budget 22.1 Ask the North Carolina Department of Revenue for a refund of all sales and use taxes paid by them in the performance of this Contract, pursuant to NCGS 105- 22.2 Exclude all refundable sales and use taxes from all reportable expenditures before the expenses are entered in their reimbursement reports. interpretation, and enforcement shall be determined. and the Grantee. force and effect. thereof. Manual for the State of North Carolina. 22.0 Sales/Use Tax Refunds: If eligible, the Grantee and all Sub-Grantees shal!: 164.14; and; 23.0 Advertising: The Grantee may not use the award of this Contract as a part of any news 24.0 Recycled Paper: The Grantee ensures that all publications produced as a result of this 25.0 Sovereign Immunity: The Agency does not waive its sovereign immunity by entering into this contract and fully retains all immunities and defenses provided by law with respect to 26.0 Gratuities, Kickbacks or Contingency Fee(s): The parties certify and warrant that no gratuities, kickbacks or contingency fee(s) are paid in connection with this contract, nor are any fees, commissions, gifts or other considerations made contingent upon the award oft this 27.1 Has neither used nor will use any appropriated funds for payments tol lobbyist; release or commercial advertising. contract are printed double-sided on recycled paper. any action based on this contract. contract. 27.0 Lobbying: The Grantee certifies that it: V.2024.03.05 77 Docusign Envelope ID: 0889490B-3E41-46EF-9409-67A387E53F73 27.2 Will disclose the name, address, payment details, and purpose of any agreement with lobbyists whom the Grantee or its sub-tier contractor(s) or sub-grantee(s) will pay with profits or non-appropriated funds on or after 27.3 Will file quarterly updates about the use ofl lobbyists if material changes occur 28.0 Gifts: Per NCGS $ 133-32: It is unlawful for any vendor or contractor (i.e. architect, bidder, contractor, construction manager, design professional, engineer, landlord, offeror, seller, subcontractor, supplier, or vendor), to make gifts or to give favors to any State employee of the Governor's Cabinet Agencies (i.e., Administration, Commerce, Correction, Crime Control and Public Safety, Natural and Cultural Resources, Environmental Quality, Health and Human Services, Juvenile Justice and Delinquency Prevention, Revenue, Transportation, and the Office of the Governor). This prohibition covers those vendors and contractors who: 28.1 Have a contract with a governmental agency; or 28.2 Have performed under such a contract within the past year; or 28.3 Anticipate bidding on such a contract in thet future December 22, 1989; and; int their use. v.2024.03.05 78 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 ATTACHMENT C Notice of Certain Reporting and Audit Requirements Ar recipient or subrecipient shall comply with all rules and reporting requirements established by statute or administrative rules found in 09 NCAC Subchapter 3M. For convenience, the requirements of 09 NCAC Subchapter 3M.0205 are set forth int this Attachment. There are three reporting thresholds established for recipients and subrecipients receiving State 1.1 Less than $25,000-Ar recipient or subrecipient that receives, holds, uses, or expends State financial assistance in an amount less than twenty-five thousand dollars ($25,000) within its fiscal year must comply with the reporting requirements established by this Subchapter 1.1.1. A certification that States financial assistance received or held was used for the 1.1.2. An accounting of all State financial assistance received, held, used, or expended. 1.2 $25,000 up to $500.000 -A recipient or subrecipient that receives, holds uses, or expends State financial assistance in an amount of at least twenty-five thousand ($25,000) but less than five hundred thousand dollars ($500,000) within its fiscal year must comply with the 1.2.1 A certification that States financial assistance received or held was used for the 1.2.2 An accounting of all State financial assistance received, held, used, or expended. 1.2.3 Adescription of activities and accomplishments undertaken by the recipient, including reporting on any performance measures established in the contract. 1.3 Greater than $500,000 - A recipient or subrecipient that receives, holds, uses, or expends State financial assistance in the amount equal to or greater than five hundred thousand dollars ($500,000) within its fiscal year must comply with the reporting requirements 1.3.1. A certification that States financial assistance received or held was used for the 1.3.2. An accounting of all State financial assistance received, held, used, or expended. 1.3.3. Adescription of activities and accomplishments undertaken by the recipient, including reporting on any performance measures established in the contract. 1.3.4. A single or program-specific audit prepared and completed in accordance with Generally Accepted Government Auditing Standards, also known as the Yellow Book. 1.0 Reporting Thresholds awards of financial assistance. The reporting thresholds are: including: purposes for which it was awarded; and reporting requirements established by this Subchapter including: purposes for which it was awarded; and established by this Subchapter including: purposes for which it was awarded; and 2.0 Other Provisions 2.1 All reports shall bei filed with the disbursing agency in thei format and method specified by the agency no later than three (3) months after the end of the recipient's fiscal year, unless the same information is already required through more frequent reporting. Audits must be provided to the funding agency no later than nine (9) months after the end of the recipient's 2.2 Unless prohibited by law, the costs of audits made in accordance with the provisions of 09 NCAC 03M. 0205 shall be allowable charges to State and Federal awards. The charges may be considered a direct cost or an allocated indirect cost, as determined in accordance with fiscal year. v.2016.09.01 79 Docusign Envelope ID: D889490B-3E41-8EF-BA0P7A187E53F73 cost principles outlined in the Code of Federal Regulations, 2CFR Part 200. The cost of any audit not conducted in accordance with this Subchapter shall not be charged to State awards. 2.3 Notwithstanding: the provisions of 09 NCAC 03M .0205, a recipient may satisfy the reporting requirements of Part (3)(D) of this Rule by submitting a copy of the report required under the 2.4 Agency-establishedi reporting requirements tor meet the standards setf forthi ini this Subchapter federal law with respect to the same funds. shall be specified in each recipient's contract. v.2016.09.01 80 Docusign Envelope ID: D889490B-E41-6EF-8A0P67A387E53F73 Attachment D Mayor Patsy M. Carson Mayor) Pro' Tem Randy L.I Baker Commissioners William R. Turnage Thurman E. Whitman Alvesterl L.] McKoy Ricky W. Blackmon Frankie Ballard TOWN OF ERWIN P.O. Box 459. Erwin, NC28339 Ph: :910-897-5140- Fax: 910-897-5543 www.erwin-nc.org 19 ADOPTION OF TOWN OF ERWIN CONFLICT OF INTEREST AND GIFTPOLICY 2018-2019--007 Purpose The purpose of this policy is to establish conflicts of interest guidelines that meet or exceed the requirements under state law and local policy when procuring goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects paid for in part or whole by federal funds and required under 2 C.F.R. S 200.318(c)(1). II. Policy This policy applies when procuring goods (apparatus, supplies, materials, and equipment), services, and construction or repair projects funded in part or whole with federal financial assistance (direct or reimbursed). This policy also applies to any The employee responsible for managing the federal financial assistance award shall review the notice of award to identify any additional conflicts of interest prohibitions or requirements associated with the award, and shall notify all employees, officers, and agents, including subrecipients, of the requirements of this policy and any additional A. Conflicts of Interest. In addition to the prohibition against self-benefiting from a public contract under G.S. 14-234, no officer, employee, or agent ofthe Town of Erwin may participate directly or indirectly in the selection, award, or administration of a contract supported by a federal award if he or she has a real or apparent conflict of interest. A real or apparent conflict exists when any of the following parties has a financial or other interest in or receives a tangible personal benefit from a firm 1. the employee, officer, or agent involved in the selection, award, or subrecipient of the funds. prohibitions or requirements. considered for award ofa a contract: administration of a contract; 2. any member of his or heri immediate family; Town ofl Erwin, NC Conflict of Interest and Gift Policy 81 Docusign Envelope ID: D889490B-E41-8EF-8ADP67A187E53F73 3. his or her partner; or 4. and organization which employs or is about to employ any of these parties. Any officer, employee, or agent with an actual, apparent, or potential conflict of interest as defined in this policy shall report the conflict to his or her immediate supervisor. Any such conflict shall be disclosed in writing to the federal award agency orp pass-through entity in accordance with applicable Federal awarding agency policy. B. Gifts. In addition to the prohibition against accepting gifts and favors from vendors and contractors under G.S. 133-32, officers, employees, and agents of the Town of Erwin are prohibited from accepting or soliciting gifts, gratuities, favors, or anything of monetary value from contractors, suppliers, or parties to subcontracts. Items of nominal value valued at less than $20.00 which fall into one of the following categories may be accepted: 1. promotional items; 2. honorariums for participation in meetings; or 3. meals furnished at banquets. Any officer, employee or agent who knowingly accepts an item of nominal value allowed under this policy shall report the item to his or her immediate supervisor. III. Violation Employees violating this policy will be subject to discipline up to and including termination. Contractors violating this yatrutntmtndta. contracta and may not be eligible for future contract awards. Adopted this the 3rd day of] May 2018. Patsy Carson, Mayor ATTEST: Cynthia Patterson, CMC Town Clerk Town ofl Erwin, NC Conflict ofl Interest and Gift Policy 82 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 Attachment E Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alyester L. McKoy Timothy D. Marbell Charles L.J Byrd David L. Nelson William R. Turnage TOWN OF ERWIN P.O. Box 459- Brwin, NC28339 Ph: 910-897-5140- Fax: 910-897-5543 www.erwin-nc.org 12/29/2023 To: State. Agency Head and Chiefl Fiscal Officer We certify that the Town of Erwin. NC does not have any overdue tax debts, as defined byl N.C.G.S. 105-243.1, at the federal, State, orl local level. Wei further understand that any person who makes a false statement in violation ofN.C.G.S. 143C-6-23(c) is guilty ofa criminal offense punishable as provided by N.C.G.S. 143C-10-1b. Sworn Statement: RandyL. Baker and MacDonald Snow Bowden Jr. being duly swom, say that we are thel Mayor and' Town Manager, respectively, ofthe' Town ofErwin in the State ofNorth Carolina; and that the foregoing certification is true, accurate and complete to the best ofour knowledge and wasi made and subscribed by us. We also acknowledge and understand that any misuse of State funds will be reported to the appropriate authorities for further action. Mayor 6 Maybbull &r B2 Town Manager Sworn to and subscribed before me on the day oft the date ofs said certification. Beane MyCommission Expires:March 25,2026 Signature and Seal) Sauun VOTAR 1Gs105-243.1 defines: Overdue tax debt. -Any partofat tax debt thatr remains unpaid9 90 days ormore after the assessment wasr mailedtot thet taxpayer. Thet term does noti includea atax debt,! however, ifthet taxpayer PUBLE gto ani installment agreement for thet tax debt under G.S. 105-237 within 90 days after the notice off final spient was mailed and has noti failedt to make any payments due undert thei installment agreement." TCOUN 83 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 Attachment F N.C. Division of Water Resources Water Resources Development Grant Program - State & Local Fall 2023 Guidelines Administered by: Division of Water Resources (DWR), N.C. Department of Environmental Quality (DEQ), 1611 Mail Service Center, Raleigh, N.C., 27699-1611. Contact Amin Davis, DWR State & Authority: DWR is authorized to provide grants to local governments for water resources development projects by General Statutes 143-215.70-.73 and 15A NCAC 02G .0100. These statutes can be viewed htps/www.ncleggovEnastedlegislationSwutPDEB)Section/Chapter. 143/GS_ 143-215.7.pdf htp/reportsoahsiateneushselalek2014120.20emvirommeal20pmalivchapter-2002a20. 62Wenvironmentala2Umanagementsubchapter'a20psubchapter-20g9m20rules.pdr Who is Eligible: Units ofl local government and local political subdivisions. Local Projects Grant Manager, at min.davis@deg.negoy or (919)707-9132. online at the following web addresses: Application Deadlines: Applications are received throughout the year for two standard grant application cycles fora all non-navigation projects listed below. The current Fall 2023 application cycle ends at the close ofbusiness on January 1,2 2024. The next Spring 2024 application cycle willl begin. January 2 and will end on. June 30, 2024.. Any application submittals that are not received or are not complete by these dates Eligible Purposes and Cost-Share Percentages: The department may provide state funds in amounts not to exceed the percentages stated in G.S. 143-215.71 ofe either the nonfederal costs (in the case ofa project with federal agency funds) or the total costs (in the case of a project not receiving federal funds). The General Assembly placed a 50% cost-share maximum on Water Resources Development Grant awards during their 2020 session. This limit will remain in place until rescinded by the General Assembly. Navigation and Natural Resources Conservation Service's Environmental Quality Incentives Program (NRCS-EQIP): stream restoration projects may bei funded at a different percentage depending on the funding source. DWR can issue grants for the nonfederal share of water resources development projects for the following purposes: Based on limited annual funding received for grant awards statewide, Applicants are generally encouraged to not exceed a $200,000 funding request ($50,000 for engineering/easibility studies); however larger awards may be granted on a case by case basis. Additionally, it is recommended that Administrative costs not exceed 10% of the total project budget. Grants may be made for the may not be eligible for review and funding for this application review cycle. nonfederal share ofwater resources development projects for the following purposes: Stream Restoration: Restoration or stabilization of degraded streams & shorelines, aquatic barrier Water Management: Stormwater control: measures, drainage, flood control, hydrologic Water-based Recreation Sites: Greenways, Trails, Boardwalks; Paddle. Access, Fishing Docks/Piers; land acquisition for water-based recreation sites operated by local governments. Preliminary Feasibility or Engineering Study: towards implementation of one of the four NRCS Environmental Quality Incentives Program (EQIP) Stream Restoration Projects See. NRCS. EQIP Grant Guidelines document on WRDG website for details. removals, etc. restoration, etc. eligible categories listed here. Revised:10/4/23 84 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 Project Eligibility: Projects planned and constructed by a federal agency with al local cost-share and projects without federal assistance are both eligible for state financial assistance provided that the applicant is a unit of local government. Non-eligible purposes include projects directly associated with maintenance, meeting an existing environmental permit requirement (i.e., NPDES Phase I and Phase II Stormwater) or regulatory enforcement action, generating nutrient credits and small watershed projects of the NRCS (reviewed by the N.C. Soil and Water Conservation Commission). Compensatory mitigation projects and the generation of compensatory mitigation credits for impacts to aquatic resources per the Federal Mitigation Rule (33 CFR Part 332) are non-eligible purposes. Compensatory mitigation projects can be located directly adjacent to ane eligible project fort the purposes ofachieving maximum ecological benefit. Should ac compensatory mitigation project be conducted on land previously acquired using DWR grant funds the mitigation project sponsor shall reimburse either DWR or its grantee for the full value, plus appreciation, ofthe DWR investment in that portion of the land to be used for compensatory mitigation to ensure that DWR does Pre-Application Site Visit: A pre-application site visit shall be scheduled with the DWR Grant. Administrator (or designee) to gather additional information regarding a proposed project to assist DWR in determining ift the project meets the applicable review criteria listed in GS $143-215.72. This site visit shall be scheduled with DWR prior to the end ofthe grant application cycle if possible. A scaled conceptual project plan map and brief project narrative shall be provided to the DWR Grant Administrator prior to this site visit. For greenway/trail projects, applicants are encouraged to flag proposed alignments ifnoti in obvious rights-of- Thej primary objectives oft this site visit are: 1.) for the DWR Grant Administrator (or their designee) to address any questions or concerns thej project team may have about this grant program; 2) for the project team to share withi thel DWR Grant Administrator information about the conceptual project plans, and 3.) for the DWR Grant Administrator to photo-document thej project area to: facilitate the application review process. not directly ori indirectly subsidize the mitigation project. ways prior to as site visit. Application Submittal An application for Water Resources Development Grant funding shall includei information about the five items listed below to be considered complete. Additional supplementary documentation (reports, photos, etc.) arer not required but can be provided as separate attachments via email. Thei most recent versions ofall required forms and grant information shall be used and can be found at the following website: htpsdeanesovAboutdiismhaeEaEaREEsAIEETNEtanse Please check I. Application Spreadsheet (MS Excel) - The most recent version of the: application spreadsheet shall be used. All applications should include the appropriate project information in the designated sheets including checklist confirmations, contacts, general information, narratives, treatment amounts, benefits, budget, and budget in-kind notes. Detailed instructions about how to complete this application are provided on the Project Narrative: shall begin with as statement outlining the overall project scope (what is being proposed), followed by the project justification (why it is being proposed). For stream restoration projects, a brief description of how the proposed stream treatments will mitigate the documented stream impairments shall be included. Information about proposed riparian buffers (minimum/maximum or average proposed widths) and stream crossings shall also bej provided. For Preliminary Feasibility or Engineering Studies, al briefLetterd ofCommitment on the Applicant's officiall letterhead shall be provided that clearly states: 1.) the primary purpose and objective(s) of this Study, 2.) the Applicant's intention to apply to the WRDG in a future grant cycle and implement an associated WRDG-eligible project resulting from this Study within a reasonably short period of time (1-3 years), and 3.) the estimated project implementation timeline after completion oft this Study. An updated project implementation timeline shall also be provided in the final Study report thati is required as a grant deliverable at project closeout. These studies may be funded to this website periodically for updates. Instructions sheet of this spreadsheet. more: accurately determine project costs, benefits or scale ofi implementation. Revised:10/4/23 2 85 Docusign Envelope ID: D889490B-3E41-46EF-B4D9-67A387E53F73 Budget: The application budget will serve as the basis for the financial administration of the grant contract and reimbursement requests for projects that are awarded funding. Applicants shall list all sources of funding contributions (including federal and nonfederal funding) on this sheet to minimize the potential for duplicative funding fori identical work activities associated with a single project. Ifa project includes, or may include other sources ofg grant funding, applicants are strongly encouraged to separate DWR-requested funding from other grant funding. This can be accomplished by not requesting matching funds from DWR: for budget line items in which matching funds from other grants havel been secured or may be applied for. For example, if grant funds have been secured, or are being requested for design services, then DWR funding should be requested for other budget categories besides design services. Conversely, estimated expenses can be lumped into just ai few budget categories ifap project willl have a single funding source. A. Basis For Claimed Value of Land Transfers sheet shall be completed andi included with the application submittal for Land Transfers: Costs associated with land acquisition are only reimbursable for eligible Water-Based Recreation projects. DEQ will not reimburse any portions of land purchases that exceed 10% of the appraised landvaluel but willi reimburser upt toan maximum of$20,000beyondr the appraised land value. The costs associated with land acquisition or donation for non-Water-Based: Recreation projects can designated as In-kind match: for the project. Land transfers such as fee simple purchases, donations and conservation easements cannot have taken place beyond 14 months prior to the application date in order to counted as a matching contribution. Additionally reimbursable costs for project elements associated renovation, or with the construction of impervious surfaces such as buildings and paved surfaces should not exceed 25% of grant-reimbursable costs and 50% of total project costs. The complete application will be included in the DEQ contract documentation; therefore, itisvery important thati its contents are: accurateand complete. Please see. Land II. Project Plan and Location Maps A minimum of two scaled maps is required. The location map shall include the project footprint delineated on a USGS topographic quadrangle map, recent aerial photography, or others spatial reference data. This first map: shall be at al large scale (zoomed out) to show the project area within the context ofa watershed, county, or region. For phased projects this maps should clearly delineate the distinct project phases. Thej project plan maps shalll be a conceptual plan that depicts the location of all project elements listed in the project narrative and listed as treatments in the Treatments sheet of the application. Additionally, all water resources (surface waters, wetlands) located within the project area should be shown on this map. This second map: shall be smaller scale (zoomed in) to show greater detail within the immediate project area. A projects involving land transfers Transfers section oft the WRDG. Reimbursement Instructions at the end of this document. conceptual plan at the. 30% design stagei is ideal but not required. III. Official Resolution*. -The Applicant shalli mcludearesolutonadople. by the governing board: stating the amount of state aid requested and accepting the applicant's responsibilities. A representative of the Project Sponsor with signatory authority shall sign this resolution. An Official Resolution template is available for download from our grant website. In most circumstances the responsibilities listed below shall bei included in the Official Resolution. However, this resolution template can be adapted to: fitt the unique circumstances ofas specific project. Written justification shall be provided to DWR in the Resolution or cover letter on official agency letterhead for any responsibilities listed below that are not included in the Applicant's Official Resolution. 3. Comply with all applicable laws governing the award of contracts and the expenditure of public 4. Supervise construction of the project to assure compliance with permit conditions and to assure safe and proper construction. in accordance with approved plans ands specifications. 5. Obtain appropriate easements, rights-of-way or suitable spoil disposal areas that may be necessary for the construction and operation of the project without cost or obligation to the State. 1. Assume full obligation for payment of the balance of project costs. 2. Obtain all necessary state and federal envrommenta.permits. funds by local governments. Revised:10/4/23 3 86 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 6. Assure that the project is openi for use by the public on an equal basis with limited restrictions (ifon 7. Hold the state harmless for any damages that may result from the construction, operation, and 8. Accept responsibility for operation and long-term maintenance of the completed project. * For "Feasibility / Engineering Study Grants" only Items 1 and 3 are required in the Resolution. See public property). maintenance of the project. Study Resolution Template located on our website. IV. No Conflict of Interest Documentation = Applicants must provide certification that the applicant, applicant's subordinates and any person or persons designated to act on behalfofthe applicant do not have an actual or apparent conflict ofinterest with respect to the project. A representative of the Project Sponsor with Additionally, DEQ now requires applicants to include a copy of their agency's conflict ofi interest policy per NCGS $143C-6-23(b). This is separate from the above-referenced Conflict of Interest Certification and needs only be filed once with) DEQ unless changes or updates are made to the policy. The policy must address situations in which any of the Applicant's management employees and the members ofi its board of directors or other governing body may directly ori indirectly benefit (except as the Applicant's employees or members ofi its board or other governing body) from the Applicant's disbursing of State funds. The policy must also include actions tol bet taken by the Applicant's or thei individual, or both, to avoid conflicts ofi interest and the appearance V. Supplementary Documentation - Additional supplementary documentation (reports, photos, letters of support, etc.) is not required but can be provided as separate attachments via email as part oft the application Application submittal documents shall be emailed to mindavsQdeg.negov by the close of business oft the last day ofthe application cycle. The submittal shall consist of an Excel version of the completed application spreadsheet, at least two Adobe pdf documents labeled as Map(s) and Signed Documents (resolution, conflict of interest forms, signednotarized no overdue tax statement). A third pdf labeled as Supplementary Documents (reports, data, letters ofsupport, etc.) can be provided, or uploaded to a secure filesharing website, but is not required. If an application is submitted by a non-govemmental organization (non-profit, consultant, etc.) on behalf of an eligible unit ofl local government, a staff person oft that eligible unit of local government must be copied on the email submittal and all subsequent application-related Note: Iti is the Applicant's responsibility to ensure their application is accurate and complete at the time ofsubmission tol DWR., Application submittalsy with fouror moreerrors or omissions may not be accepted for funding consideration. Requested corrections to all application errors or modifications must be submitted by the Applicant to DWR within 30 calendar days of the end oft the application cyclei in which the application was submitted. Erroneous or incomplete application information can also lead to significant delays with the issuance of a DEQ Contract should the project be recommended for grant Any changes to the original project budget and/or project scope submitted with the application will require the prior written approval of DWR. Unapproved changes to the project scope or budget throughout the course ofaj project will not be eligible for cost-share funding or reimbursement. signatory authority shall sign this certification. ofimpropriety. Aj policy form template can be downloaded from our website. submittal. correspondence. funding. Revised:10/4/23 4 87 Docusign Envelope ID: D889480B-3E41-BEF-B40P6/A387E53F73 GrantApplication Review andApproval The following criteria will be used to approve, approve in part, or disapprove granta applications: 1. The economic, social, and environmental benefits to bej provided by thej projects; 2. Regional benefits of] projects to an area greater than the areal under the jurisdiction ofthe local sponsoring entity; 3. The financial resources ofthel local sponsoring entity; 4. The environmental impact oft thej project; 5. Any direct benefit to State-owned lands and properties. Applicant Obligation - Environmental Permitting All proposed projects are subject to environmental review and permitting under applicable federal and state laws. It is the applicant's responsibility to prepare, provide and remain in compliance with all applicable environmental permitting requirements associated with project implementation. Review Decisions This is a competitive grant program due to limited funding availability. The grant's review criteria are contained within the Benefits & Evaluation Criteria sheet of the application form. A multi-agency review team comprised of various subject-matter experts reviews each application to assist the DWR Grant Administrator and Division Director with establishing funding priorities. Applications that receive a total Review decisions and notifications for applications received during the spring application cycle are generally made in October, Review decisions and award notifications for applications received during the fall application cycle are generally made in April of the next calendar year. However, unforeseen circumstances such as Applicants who are not awarded funding within one calendar year from the end date ofthe grant cycle in which their application was originally submitted may be required to complete and submit a new application tol DWR ifthey wish to re-apply for funding consideration. A new application submittal may also be required if there have been changes to thej project scope or budget. The spring application cycle typically ends on. June: 30th and cumulative review team score ofl less than 50% will not be recommended for funding. legislative, policy or funding allocation changes may delay award notifications. Proiects Not Awarded Funding the fall cycle typically ends on December 31 ofeach year. Post Grant Funding Award Acceptance ofa grant award willi require the applicant to enteri into a grant contract with) DEQ.AI DEQ grant contract is considered fully-executed" once itl has been signed by both a signatory authority oft the Grantee and DEQ Financial Services. A copy oft the fully-executed contract shall be provided to the Grantee after being signed by DEQ. No portion of reimbursable work or expenditure of reimbursable funds for the project, plan or services shall begin prior to receiving a fully-executed contract from DEQ. Contracts are valid for two years from the date the contract document is sent to the grant recipient for contract execution. ContractAmendments Any changes to the project'ss scope, budget or duration afterac contract has been fully-executed will require the written approval from the DWR Grant Administrator and may also require a DEQ contract amendment. Any contract amendment requests shall be submitted electronically to min.davisAdeunesor at least 30 days prior to the DEQ contract expiration date. Revised:10/4/23 5 88 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 Typical changes that require a contract amendment are listed as follows: Extension Requests: Grant recipients can submit an extension request for one additional year beyond the grant expiration datei ifprogress toward project completion can be: sufficiently documented. Ane extensioni request shall bes submitted in a cover letter on official agency letterhead. This request shall include aj justification. statement, Project Scope/Budget Changes: The minimum information that shall be supplied to DEQ for consideration includes al briefwritten: narrative on official letterhead containing thej justification for any proposed changes and arevised scope of work description. Revised project drawing(s)mapts) to scale and a revised budget sheet submitted as an Excel file shall also be submitted if applicable. Unapproved changes to the project scope or budget shall not be eligible for, andi may resulti in additional reductions to, cost-share funding or reimbursement. The grant award amount is the maximum possible reimbursement amount. Only expenditures incurred aftera fully-executed contract has been issued and that are detailed in the contract budget and are considered eligible reimbursable expenses. Allowable expenditures are expenditures associated with the work performed for a specific invoicing cycle that are in accordance withi the most recent version of the DWR-approved budget sheet and Reimbursement Instructions document (see Attachment 1).1 Invoices or other supporting documentation such as another grant contract agreement, must be provided that support all contributions listed on the reimbursement tracking sheet submitted for each reimbursement request. All project-related invoices, receipts, and/or supporting documentation such as another grant contract agreement, including that related to the grantee's matching funds listed in the most recent DEQ-approved project budget, shall be Reimbursement requests can be submitted no more frequently than monthly but must be submitted at least every three months (quarterly). DWR will normally pay the Grantee electronically or by mailed check within 30 days ofreceipt ofacomplete reimbursement paymentr request, provided the expenses are ina accordance with the budget/contract, or as amended. If the Grantee determines that significant changes to a project's scope from that in the original application are necessary, the Grantee must send a request in writing to the DWR Grant Administrator and receive written approval of those changes from DWR and/or DEQ. Grantees shall submit reimbursement: requests in: accordance with their fully-executed DEQContractand current project status update and anticipated project schedule moving forward. Grant Reimbursements submitted and should generally reflect total project costs at project close out. Unapproved changes may not be eligible for state cost-share reimbursement. the Reimbursement, Instructions document on our. website. Reimbursement requests shall include: a) DEQ Contract Number 1. A Cover Memo/Letter signed and dated on the Grantee's official letterhead that lists: b) total amount of the reimbursement request ) actual cost (expenses) by approved budget categories d) total amount spent on the project to date listed ont thes subcontractor's letterhead. 2. Copies of subcontractor invoices or other documentation ofmaterials, services and other project costs 3. A completed. Reimbursement Tracking Summary spreadsheet. The reimbursement request and supporting documentation should be submitted electronically to amin.davisadea.me.sov. DWR will retain 10% of the total grant award amount until after the final project has **] Reimbursement Instructions are provided as Attachment. lat the end ofthis document. ** An example reimbursement: summary table is provided as Attachment: 2at the end oft this document. been inspected and approved by DWR staff. Revised:10/4/23 6 89 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 Requests For Additionall Eunding Grant recipients can submit ai request for additional funding consideration to DWR for ai maximum of2 25% of the maximum grant award, not to exceed $100,000. This request shall be submitted by the project sponsor or primary contact on a cover letter with official agency letterhead via email. The following information shall be anarrative describing the circumstances/need for an increased funding award, summary of current project status, amended project scope and anticipated project implementation schedule. revised project budget sheet with the amount of additional funding and associated matching funds revised scaled drawing(s) that clearly depict the location of the proposed amended work. submitted by the Grantee to DWR: for additional funding consideration: contributions included. DWR will review this information and respond to the Grantee with a decision regarding increased funding within 30 calendar days. Funding increases are subject to the availability of funds and to DWR's actual cost reimbursement policy. DWR may not be able to grant requests for additional funding caused by inaccurate or incomplete information in the application or project budget provided by the Applicant. ProjectClose-Out A project is considered completed and eligible for close-out by DWR when all project work, including plantings, has been completed and the Grantee is ready tos submit their final reimbursement request. The Grantee. shall notify the DWR Grant Administrator upon project completion and provide DWR with the most recent version of scaled as-built, record or 'red-line' drawings electronically in an Adobe PDF format and a completed WRDG Close Out Spreadsheet prior to the close-out inspection. These drawings shall have the name and signature oft the engineer or professional responsible for preparing them as well as the date the drawings were signed or completed. Applicants who are awarded funding for easibilntyEnginering Studies shall provide DWR with the associated summary report(s) and deliverables in an electronic format. DWR also reserves the right to inquire about the status of proposed implementation projects cited in these Upon notification of project completion tol DWR, either the Grantee or Co-Grantee will arrange an inspection of the completed project with the DWR Grant Administrator or their designated representative. DWR reserves the right to substitute its personnel with that of other state or federal agencies that are located closer to the project This inspection will verify that the project was implemented in accordance with the information provided in the grant application, DEQ contract (including amendments, if applicable) and approved plans and specifications. The Grantee shall address any remedial or compliance actions identified during this close out inspection prior to DWR final project approval. After the project is inspected and accepted, DWR will review the accounting statements and request DEQ to reimburse the Grantee: fort the remaining 10% ofDEQ'ss share of the nonfederal cost. Al DEQ grant contract is considered closed out when DWR has granted final project reports after the grant contract period has expired. area, or provide reasonable alternatives to a close out inspection on a case-by-case basis. approval and the Grantee has received their final reimbursement payment. Revised:10/4/23 7 90 Docusign Envelope ID: D889490B-3E41-6EF-B40967A187E53F73 tructions DWR Water Resources Development Grant Program Reimbursement Request Instructions - State & Local and NRCS-EOIP Expenditures incurred after ai fully-executed contract has been issued that are detailed in the grant contract budget are eligible for reimbursement. Allowable expenditures are expenditures associated with the work performed for a: specific invoicing cycle that are in accordance with the most recent version oft the DWR- approved contract scope of work and budget sheet for the project. GranteesCo-Grantee's are required to track] project expenses using the most recent version of our Reimbursement Tracking. Summary spreadsheet. All required reimbursement forms can be downloaded from our website under the Reimbursement Requests heading. Reimbursement Timeframes Reimbursement requests can be: submitted no more frequently than monthly but shall bes submitted at least quarterly, or every three months once reimbursable project expenses are incurred. DEQ will normally reimburse the Grantee or Co-Grantee electronically or by mailed check within 30 days of receipt ofa completed reimbursement payment request, provided the expenses are in accordance with the budget/contract information, or as amended. Processing times may take longer for the following situations: 1.) if the information submitted by the Grantee/Co-Grantee is incomplete or erroneous; or 2.) during DEQ fiscal-year end financial closeout activities in June. Payments for reimbursement requests submitted after May 31 are generally not made to the Grantee/Co-Grantee until mid-July. Per DEQ contract requirements, 10 percent oft the grant award shall be retained until a close-out site visit has been completed and any remedial or compliance actionsi identified during this close outi inspection have Effective For Spring 2021 Application Cycle projects and subsequent:. A quarterly status update shall be emailed to thel DWR Grant Administrator once project expenses have beeni incurred duringt the grant contract period, for any quarterly cycle, or three-month period, in which a reimbursement request was not submitted. This brief update shall include what project activities have been completed during the mosti recent quarter(s), anticipated project activities for thei next quarter(s) and anticipated timeframe been fully addressed by the Grantee/Co-Grantee. for the next reimbursement request. Administrative Costs Reimbursable administration costs include only those reasonable costs of labor needed to comply with the general conditions of the DEQ grant contract such as the direct labor costs associated with preparing reimbursement requests and conducting overall project management. Additional reimbursable costs can include professional services contracted by the Grantee/Co-Orantee or compensation to the Grantee's/Co- Grantee'si independent contractors (e.g., temporary office support), payable at the Grantec'sCo-rantees actual cost rate. Costs not eligible for reimbursement include sales tax, audits, direct phone costs, direct postage costs, grant recipient's overhead (indirect) cost, including, rent, utilities, insurance Effective For Spring 2021 Application Cycle proiectsands subsequent: A completed. Administrative Statement ofTime form willl be required to account for all administrative time for each reimbursement costs, facility costs, general office, general phone and general postage costs. request. 8/11/23 1 91 Docusign Envelope ID: D889A90B3E41-6EF-BA0P6IAJSIESF7S DWR DMslonalw Water Resources Development Grant Program In-Kind Contributions listed below is required. If the Grantee's contributions include "In-kind" expenses listed in the most recent version of the grant contract budget such as donated or volunteer time, materials or equipment completion oft the documentation In-kind Statement of Time:for Grantee staff time: Individuals name, title, tasks, hourly rate, and In-kind] Equipment & Materials: for Granteei materials: Quantity ofmaterials, unit rate or equipment rental rate andi number ofhours. Invoices, receipts or other supporting documentation shall also be Basis For Claimed Value of Land: completion oft this form is required if an In-kind land amount for donated property is listed ini the application budget. Once thel land transfer has been completed an appraisal, HUD: Settlement Statement and/or copy ofrecorded conservation easement shall be submitted prior to the final reimbursement request. See following three Land Transfer sections number of hours included with these sheets. immediately below for additional information.. Land' Transfers Acquisitions & Donations: Grant funding and reimbursements for land acquisitions are only eligible for Water-Based Recreation projects. DEQ will not reimburse any portions ofl land purchases that exceed 10% of the appraised land value but may reimburse up to a maximum of $20,000 beyond the appraised land value. The costs associated with land acquisition or donation for non-Water-Based Recreation projects can designated as an In-kind matching contribution for thej project. Appraisals are required for land transfers if the total value of any given parcel exceeds $100,000. The appraisal shall be performed by an independent certified appraiser acceptable to, and consistent with regulations and/or policies oft the State Property Office. The value of land/easements can be used as In-Kind match if donated for the project, not property currently owned by the local government or with easements currently inj place. Prior To The Grant Application Submission: If the land transfer was legally executed prior to the application submission, this transfer must have been executed no more than 14 months prior tot the WRDG grant application date in order for the costs to be eligible for use as ai matching contribution. A completed DWR Basis For Claimed Value of Land Transfers form and copies of land valuation and transfer documentation such as a current or recent certified appraisal, HUD Settlement Statement, conservation easement deed and official municipal GIS valuation showing the current property tax valuation assessed by AfterThe Grant Application Submission: Ifthel land transfer willl be legally executed after the application submission but prior to the grant contract expiration date, the Grantee shall complete al DWR Basis For Claimed Value of Land Transfers form based on the best available documentation listed in the section directly above and include this form with the application submittal. After the transfer has been legally executed the Grantee shall submit the remaining documentation listed in the section above at some point during the reimbursement process, prior to the Grantee's final payment request and prior to the grant the County Tax Assessor's Office is required as part oft the application submittal. contract expiration date. 8/11/23 2 92 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 DWR Water Resources Development Grant Program Invoices and Supporting Documentation Invoices should be submitted in accordance with the most recent version of the WRDG State & Local or NRCS-EQIP Guidelines. Invoices, receipts or other supporting documentation such as Applications and Certifications For Payment, WRDG Administrative/n-kind Statements of Time, another grant contract agreement or landt transfer forms must bej provided that support all contributions listed ont thei reimbursement tracking spreadsheet submitted for each reimbursement request. Invoices should reflect allowable expenditures associated with the work performed for a specific invoicing cycle that are approved by the Department in accordance withi the Agency Guidelines and or most recent grant budget sheet. Invoices shall have the project name or DEQ contract number on them in order to be accepted as ai matching contribution. DWR requests that a single document in Adobe PDF format be submitted for each reimbursement request that includes a cover letter and supporting documentation. Invoices shall be provided in the order they are listed in the tracking spreadsheet to facilitate more efficient review and processing of Effective For Spring 2021 Application Cycle projects and subsequent: All project-related invoices, receipts, and/or supporting documentation such as another grant contract agreement, including that related to the Grantee's matching funds listed in the most recent DEQ-approved project budget, shall be submitted and should generally reflect total project costs at project close out. Any matching funds reported for an individual reimbursement request shall be supported by copies of invoices and cashed checks and/or other supporting documentation. These matching funds must be for activities DWR understands that there may be situations where this may not be reflected, such as with larger projects that have multiple sources of local, state and federal funding, or if invoices reflect only a portion of materials purchased for the project. For those situations, the Grantee shall complete a Grant Match Summary sheet that clearly lays out the different funding sources tied to each invoice. Additionally, invoices that are tied to multiple grant funding sources, or that only have aj portion of expenses that reimbursement from DEQ is being requested for, shall be annotated to clearly show the reimbursement requests. necessary: for the completion ofi the project. contribution (match) allocations. Budget Changes Ifany changes to the approved grant contract budget or project scope are: necessary, the Grantee shall email a request in writing to the DWR Grant Administrator. If the budget changes are approved by DWR, an amendment to the existing DEQ contract will be required ift there are changes to the DWR award amount ort total project costs. Unapproved changes may not bee eligible for reimbursement. Submission of Reimbursement Request A complete reimbursement request submittal shall include the information listed below. DWR: requests that a single document in Adobe PDF format be submitted for each reimbursement: request that includes a 1) A Cover Memo/Letter signed and dated on the Grantee'so official letterhead that lists: cover letter and project invoices, receipts or DWR statements. a) DEQ Contract Number total amount of the reimbursement request actual cost (expenses) by approved budget categories total amount spent on the project to date 8/11/23 3 93 Docusign Envelope ID: D8949084E41-6EF-B09STASIESFTS DWR Water Resources Development Grant Program Note: a justification statement shall bei included in this letter for all requests submitted after 2) Copies of all subcontractor invoices, WRDG. Administrative/n-kind Statements ofTime, or other documentation for materials, services and other project costs. Invoices shall include a brief 3) Ac completed Reimbursement Tracking Summary spreadsheet submitted in an Excel file, not in an Adobe PDF format. Please use the Nonfederal sheet for projects that do not include any federal funding. Please use the Federal sheeti ift the project involves federal funding. Please use the NRCS- EQIP sheet for stream restoration projects that include cost-share funding through this federal funding program. The' Total expenses reflected in the Cost & Invoicing documentation column the DEQ contract expiration date. description of the work performed for each budget category task. should equal the total project costs at project close out. The reimbursement: request and supporting documentation shall be emailed to: NCI Division of Water Resources Attn: Amin Davis 1617N Mail Service Center Raleigh, N.C.27690-1617 amin.davis@deanegovy 8/11/23 4 94 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 Attachment: 2 - Grant Reimbursement Example for 50/50 Match Project Cost: $100,000 Nonfederal Cost Share: $50,000 DEQ Grant Award: $50,000 DEQ 90% Reimbursement: $45,000 Construction Oversight Invoice #1 Amount Total Expenditure 50%1 Reimbursement Administration Design Permitting $1,000.00 $10,000.0 $2,000.00 Construction $13,000.00 $6,500.00 DEQI Payment Amount $6,500.00 Construction Oversight $1,000.00 $35,000.00 Invoice #2 Amount Total Expenditure 50%] Reimbursement Administration Design Permitting $2,000.00 $5,000.00 $43,000.00 $21,500.00 Construction DEQI Payment Amount $21,500.00 Construction Oversight $1,000.00 $40,000.00 Invoice #3 Amount Total Expenditure 10%] Retainage Administration Design Permitting Construction $3,000.00 $44,000.00 $5,000.00 50% Reimbursement $22,000.00 DEQ Payment Amount $17,000.00 Payments #1 #2 #3 Amount $6,500.00 $21,500.00 $17,000.00 $50,000.00 #4 (Post close-out inspection) $5,000.00 Total DEQI Payment Revised:10/4/23 9 95 Docusign Envelopel ID: D889490B-3E41-BEFK AttachmantG DWR DWRW Water nlp lesse labeled balcw. lele Apilicants The submittil hall consist This pplic data PDF hem most versiono ofthes State LocalorN NRCS-EQIPG Granto Guidelines documente thato can bev viewed andlord downloadedf fromt theg grant website Delow Prior completinu thiss arplication tems isted nt he etters dobe aply part DEQ Contractd pevamment rimary Contactis Appic Studies data panizationor yided separale attachments Addronal documentation gutredor FeAtiDy NRCS-EOIP Sutam Restoration Proecta Athird pdflabeled 5 Supplementry Information contahedie accurale ands comete ation. ett.) cant bep butis notrequired. thea appication forf unding DWR Pinasem FwarComstraImasan aleder fsupporiond fficialletierheado fany ganizabon sedasa Ppids Supparier ontha Pryjecth Informabon sheet ccalde concaphal plarmarie ngurdthats thoukd directyr rvlecthe rapesed jocatons ofall estelements listudint the? Teraquired Oticia/Rsalution indNec Conlictofintars lomac canbes fromt atw websi Deiow, sheetsh havead dropdoun stso selectaspecinec category. have ared upper rightcomer YourR Records: FP Prihps Selactwecros PDFOrAdobA POFU underP Prntars BelectEndire Workbook under Seringep Print AminD A919-707-9152/amn Revised:8 8/1623 96 Docusign Envelopel ID: DURCE peg GRANT jocumert undry formartyk yowna D levantchec bones abovetoindicatelt peg cickall check Revised:8 8/16/23 97 Docusign Envelope ID: 98 Docusign Envelopel ID: D89490E3E4148EF-40P67A87E59F73 99 Docusign Envelope ID: tressedis. thest thel Towno fErwintobudgeta Wbi Adjecantto pienic: area tothe streams 900 bycitizens Twos Revised: 8/1623 100 Docusign Envelopel ID: Dvidedby Granl Enter 900.00 asseciatedwi pipe, methodologies, stes operatedby k under Notas'in ia, andlength (feet). gnenrols. planter green Water 101 DocusignE Envelope ID: D889490B4E4148EF-840P67A387E53F73 102 Docusign Envelopel ID: DWRV WATERF DEVELOPMENT GRANTA APPUICATON-FALLMAS Budgets Sheet Other! Non Federal UTtoJ Juniper Creeka atPorter ParkE Erwins StreamR Restoration DWR Local Match FederalN Match Contribution 12/29/2023 Date: Local+ Otherl Non Federal Matchl Total 50100 Praject Name: Cash In-kind Cash In-kind Cash In-kind Cash 10,00000 In-kind Cash CCash n-kind Cash n-kind Cash In-kind Cash In-kind Cash! In-kind Cash In-kind CashSub-lotal $10,000.00 n-kind ub-1 Total Total 510,000.00 DWRTotal- $10,000,00 DWRI Non-Federal Math? %- Calegory Total 0.00 0.00 $20,000,00 50300 50,00 s0300 5030 50100 So0u $0.00 50100 50100 $0.00 50x00 $0.00 520,00000 520,000.00 100.00% 0.00% 0.0% Administration 0.0% Design 0.0% Permiming 100,0% Survey 0,0% Construction Materials 0.0% PanfNaterals 0.0% construction Oversight 0.0% Construction 0,0% Education 0.0% Monforing 0.0% 000.00 50,00 0,00 $0.00 0.0 $0.00 0,00 $10,000.00 50.00 $10,000.00 Non-Federai%- 0.00 0.00 000 5000 50.00% Local+ +Non-FedT Total- $10,000.00 Localt Non-Fed%- 50,00% Revised: 8/16/23 103 Docusign Envelope ID: D889480B-3E41-6EF-8A0P67A387E58F73 104 Docusign Envelopel ID: D88490BE4146EF-40P67A387E53F75 Cetegory TotalHours lo.). 8/16/23 105 [Docusign Envelope! ID: - 6y suipel yerutewL.er -ILEN 4 Park Erwin Stream Restoration Feasibility Study Johnstom County Sampson County, Surrounding County Boundaries MajorRoads US Airport CapeFearRiver Harnett COUNTY NORIHCAROLINA GIS/E-911 Addressing December 21, 2023 County Boundary City! Limits Railroad Interstate NC 5,000 10,000 20,000 Feet 106 Docusign Envelope ID: D884B0B-E4146EF-A40967A397E53F73 Porter Park CCAP AYN 251 247 33 12415 51 Surrounding CountyE Boundaries CityLimits County Boundary Address! Numbers Airport MajorRoads Interstate NC US RoadCenterines Railroad Parcels CapeFearRiver 330 linch=3 376 feet 660 Feet Gi5/E-911Addressing October 6,2 2023 107 DocusignE Envelopel ID: D88490B-E4148EF-40P67A387E53F73 GIS Conceptual NorhTribi 506LF South Tribe = 394LF Streambanks stabilize D orange Parcels Harnett COUNTY NORTH_CAROIINA GIS/E-911 Addressing December: 22, 2023 80 160 Feet 108 Docusign Envelope ID: D889490B-3E41-46EF-B4D9-67A387E53F73 Mayor Randy L. Baker Mayor Pro' Tem Ricky' W. Blackmon Commissioners Alvester L. McKoy Timothy D.1 Marbell Charles L. Byrd David L. Nelson William R. Turnage TOWN OF ERWIN P.O.) Box 459. Erwin, NC 28339 Ph: 10P73-Fape www.erwin-nc.org Memo To: Amin Davis, State and Local Projects Manager NCDEQ From: Snow Bowden, Town Manager Re: Porter Park Stream Restoration project Date: 2/6/2024 The Erwin Town Board is very proud ofW.N. Porter Park and they are committed to making any necessary improvements to thej park. The members ofthe Erwin' Town Board realize that we: need to make some major improvements to the streambanks on the stream that runs through Porter Park. The condition that the streambanks are currentlyin area a safety issue as well as an environmental issue. The' Town of Erwin is seeking funds to help with ai feasibility study for a stream restoration project. The Town plans to apply to the WRDG in a future grant cycle and implement an associated WRDG-eligible project resulting from this study within aj practical short period oftime (1-3 years). We also have additional funds that have been earmarked for community improvements that could be used for this project. Ifyou need any additional information please do not hesitate to contact me at 910-591-4200 or at OMARADAgeTATYDRCOT: Thank you for your time and consideration. Regards, Smo Bok Snow Bowden Town Manger 109 Docusign Envelope ID: D899083E4148EF840P6/AS/EF7S TOWN OF ERWIN P.O.1 Box 459. Erwin, NC2 28339 Ph:910-897-5140-F 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. Tumage TOWN OF ERWIN BOARD OF COMMISSIONERS RESOLUTION FOR WATER RESOURCE DEVELOPMENT GRANT WHEREAS, the' Town ofl Erwin desires to sponsor, Porter Park Stream Restoration Project, the' Town is committed toj preserving the environment and wishes to apply for this grant to obtain funds to assist with having a study completed on the section oft the stream that runs through Porter Park to more accurately determine the costs ofthis project. NOW, THEREFORE, BE ITI RESOLVED THAT: 1) The' Town ofErwin Mayor and Board of Commissioners requests the State of North Carolina to provide financial assistance tot the' Town of Erwin fort the Porter Park Stream Restoration project int the amount of$10,000 ofnonfederal project 2) The' Town of] Erwin Mayor and Board of Commissioners assumes full obligation for payment oft thel balance oft the study costs (ori non-federal portion); 3) The' Town of] Erwin Mayor and Board ofCommissioners will comply with all applicable laws governing the award of contracts and the expenditure of public costs or 50%, whichever is thel lesser amount; funds by local governments. ADOPTED this 22nd day of January 2024. ATTEST: Town Clerk dhus CESE Randy_Baker Mayor Eveno NCCMC 110 Docusign Envelope ID: D889490B-3E41-46EF-B409-67A387E53F73 TOWN OF ERWIN P.O. Box 459. Erwin, NC28339 Ph: 910-897-5140- Fax:910-897-5543 www.erwin-nc.org Mayor RandyL L. Baker Mayor Pro' Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David. L. Nelson William R. Turnage No Conflict ofInterest Certification The Town of Erwin hereby certifies that, to the best ofi its knowledge and belief, there are no present or currently planned interests (financial, contractual, organizational, or otherwise) relating to the work to be performed as part of the Porter Park Stream Restoration project that would create any actual or potential conflicts of interest (or apparent conflicts of interest) for any of its employees, contractors, subcontractors, designees or other entities or individuals involved in the Porter Park Stream Restoration project (including conflicts of interest for immediate family members: spouses, parents, orc children) that would impinge on its ability to render impartial, techniçally sound, and objective assistance or advice or result in it being given an unfair competitive In this certification, the term "potential conflict" means reasonably foreseeable conflicts ofinterest. The Town of Erwin further certifies that it has and will continue to exercise due diligence in identifying and removing or mitigating, to the NC Department of Environmental Quality's satisfaction, any such conflict of interest (or apparent conflict advantage. ofinterest). Print Name: MacDonw. Shov Ross 54 Signature: Mupl o Bad 2 Title: Toum monage Date: 21241)93) 111 9011 MINUTES CONTINUED FROM AUGUST 26, 2024 Bike/Pedestrian Planning Grant Town Manager Snow Bowden informed the Board that the Town was still waiting for the contract from NCDOT for the Bike/Pedestrian Planning Grant. He hoped tol have the contract by our regularly scheduled meeting in September. This grant will require a $4,500 match. FAMPO Boundary Assessment Update & MOU Town Manager Snow Bowden informed the Board that FAMPO made some minor changes to the original MOU that the Board approved back in May. The changes were typed in red on the memo. The changes added language to the Technical Advisory Committee (TAC) that allows another elected official from a voting member organization to fill in for aj particular organization when their appointed elected official cannot make ai meeting. Another minor change is to the Transportation Coordinating Committee. The proposed change moves two officials with the The consensus of the Board was to place this item under consent at the Regularly NCDOT who were non-voting members to a voting member role. Scheduled Board Meeting in September. CORE Town Manager Snow Bowden informed the Board that CORE had additional funding to allow members of the community, employees and nonemployees, to attend training opportunities. He would have to develop a policy for the Board to review. In order to qualify for the reimbursement the Town would have to submit ai request to the N.C. Department of Commerce for pre-approval. Ifthe request was approved the Town had to pay the invoices first and submit The consensus of the Board was to instruct Town Manager Snow to develop a policy and bring it back to the Board at our. Regularly Scheduled Workshop in September. the proper documentation for reimbursement. Chapter 30 Updates Town Planner Dylan Eure stated that the first update to Chapter 30 would remove all diction to eliminate the creation of private streets. This would ensure all streets created going forward are town-maintained streets. All current private streets will stay private. The second amendment would require developers of major subdivisions to install ADA-compliant sidewalks along at least one side oft the entirety of each street created or existing road. Chapter 361 Updates Town Planner Dylan Eure had several proposed updates to Chapter 36. The updates areas follows: NEW: BUSINESS ITEM3 3G Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: August 26, 2024 Subject: Bike/Pedestrian Planning Grant At the moment, we are still waiting for the contract from NCDOT for the Bike/Pedestrian Plan Planning grant that we were awarded. We might receive it by the night oft the workshop meeting. In order to prevent any delays we would like to get this processed as soon as possible. Our portion of the match for the grant will be $4,500. We canj just run this through the Planning Department contracted services line item at this time. 112 NEW BUSINESS ITEM: 3H Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: August 26, 2024 Subject: FAMPO Boundary Assessment Update & MOU A few months ago we approved al MemodimdfUeninang (MOU) toj join the Fayetteville Metropolitan Planning Organization (FAMPO). FAMPO staff had to make some other minor changes to the original MOU that we approved in May 2024. The changes can be found in Section 3, 4, and 6. The minor changes mostly involve changes to the various advisory committees that vote on items that FAMPO staff prepares to be sent to the North Carolina Department of Transportation (NCDOT). It adds language to the' Technical Advisory Committee (TAC) that allows another elected official from a voting member organization to fill ini fora particular organization when their appointed elected official cannot make ai meeting. Another minor change is to the Transportation Coordinating Committee. The proposed change moves two officials with the NCDOT that were non-voting members to a voting member role. 113 MEMORANDUM To: TAC Member Jurisdictions From: Hank Graham, AICP, Executive Director Ingraham@cumbenandcounvync.gov Subject.FAMPO Boundary Assessment Update and Memorandum of Understanding Date: August 21, 2024 BACKGROUND For procedural and transparency purposes, the Fayetteville Area MPO must ask all memberjurisdictions to re-approve the Memoanaumotuncensanang (MOU)previously Attached, please find the redlined MOU which outlines the proposed changes/modiications to the previously approved MOU and a copy oft the final MOUwith accepted changes/moditications. The changes were required by the Federal Highway Administration and NCDOT including FAMPO board membership requirements and approved by your jurisdiction in June 2024. general language clarification. STAFF ASK Staff request that this item be placed on your next available Board agenda as a consent item to be approved with a new signature. If additional details are required, please do not hesitate to contact me. 114 Table of Contents Section 1. Boundary of the Metropolitan Planning Area. Section 3. Establishment of the FAMPO Section 5. Role and Responsibilities oft the FAMPO. Section 7. Conduct of Business by the' TCC. Section 8. Role and Responsibilities of the TCC. Section 10. Conduct of Business by the CAC.. Section 11. The Executive Director Section 14. Funding and Fiscal Matters. Section 15. Duration oft the Agreement. Section 2. Planning Responsibility within the Metropolitan Planning Area.. Section 4. Conduct of Business by thel FAMPO Technical Advisory Committee (TAC). Section 6. Establishment of the Transportation Coordinating Committee (the TCC) 3 3 4 .5 5 6 6 6 6 7 7 Section 9. Establishment oft the Citizens Advisory Committee (CAC) Section 12. Role and Responsibilities oft thel Executive Director.. Section 13. Additional Responsibilities ofN Member Governments. Signature Pages City of Fayetteville. Town ofl Eastover Town of Hope Mills. Town of] Parkton. City of Raeford. Town of Spring Lake. Town ofl Erwin.. Fort Liberty Military Reservation County of Cumberland. County ofl Harnett. County ofl Hoke. County ofl Moore. County of] Robeson. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 North Carolina Department of Transportation 115 MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE, COMPREHENSIVE, ANDCONTINUINGTRANSPORTATIONPLANNING FOR THE. FAYETTEVILLEU URBAN. AREA AMONG THE CITY OF FAYETTEVILLE THE TOWNO OF EASTOVER, THE TOWN OF HOPEI MILLS, THE TOWN OF PARKTON, THE CITY OF RAEFORD, THE' TOWNOF: SPRINGLAKE, THE TOWNOF ERWIN, THE FORT LIBERTY MILITARY RESERVATION, THE COUNTY OF CUMBERLAND, THE COUNTY OF HARNETT, THE COUNTY OF HOKE, THE COUNTY OF MOORE, THE COUNTY OFROBESON, ANDTHE NORTHICAROLINADEPARIMENTOF: TRANSPORTATION INC COOPERATION WITH THE UNITED STATES DEPARTMENT OF TRANSPORTATION WITNESSETH: WHEREAS, certain of the parties hereto have previously entered into a Memorandum of Understanding for cooperative, comprehensive, and continuing transportation planning through the Fayetteville Area Metropolitan Planning Organization (FAMPO), which agreement was last amended in December 2014 and amended in May 2021 to add membership for the Fort Liberty Military Reservation; and WHEREAS, the parties desire to continue that transportation planning through the FAMPO and amend and expand the agreement to include additional parties and clarify their respective roles and responsibilities; and WHEREAS, each Metropolitan Planning Organization (MPO) is required to develop a Metropolitan Transportation Plan in cooperation with NCDOT and in accordance with 23 U.S.C. $134, any amendments thereto, and any implementing regulations; and a Comprehensive Transportation Plan in accordance with North Carolina General Statute $136- 66.2; and WHEREAS, the Metropolitan Transportation Plan serves as the basis for future WHEREAS, the parties intend that this Memorandum of Understanding shall supersede NOW THEREFORE, in consideration oft thei mutual benefits afforded to each party, the transportation improvements within the Metropolitan Planning Area; and all prior memoranda ofunderstanding among any oft them pertaining tot the FAMPO. parties agree as follows: Section 1. Boundary of the Metropolitan Planning Area The Fayetteville Urban Metropolitan Planning Area consists of the Fayetteville Urban Area as defined by the United States Department of Commerce, Bureau of the Census, plus that area beyond the existing urbanized area boundary that is expected to become urbanized within a twenty-year planning period. This area is hereinafter referred to as the Metropolitan Planning Area. Per federal regulation, a Metropolitan Planning Organization, in cooperation with the NCDOT and public transit operators, is required to review the Metropolitan Planning Area (MPA) after each Census to determine if the existing MPA boundary meets the minimum 116 statutory requirements for new and updated urbanized areas and shall adjust the boundary as necessary. This MOU recognizes thel FAMPO's adherence to this regulation andl has fulfilled its requirements by completing a formal Boundary Assessment which has involved collaboration and engagement with all agencies within the NCDOT 2050 Travel Demand Model Boundary. Upon adoption of this MOU and its establishment of the FAMPO Boundary, there shall be no additional member agencies of the FAMPO Planning Boundary until the next review of the Section 2. Planning Responsibility within the Metropolitan Planning Area Cooperative, continuing and comprehensive transportation planning shall be undertaken in the Metropolitan Planning Area by the FAMPO in accordance with all applicable federal and state statutes. The FAMPO shall coordinate any transportation planning it undertakes which may have a regional impact with the Capital Area Metropolitan Planning Organization, Sandhills Metropolitan Planning Organization, Central Pines Rural Planning Organization, Mid-Carolina Rural Planning Organization and the Lumber River Rural Planning Organization. Section 3. Establishment of the FAMPO Technical Advisory Committee The FAMPO shall be governed by a' Technical Advisory Committee (TAC) which shall be the policy making board for the MPO and: shalll be constituted as follows: The voting members oft the AlseEFAMPO TAC: shall consist oft the Chief Elected Officials. An Elected Official will represent -aA efthe- General Purpese member Local Governments which-are-parties party to this agreements plus an additional representative from the City Council of Fayetteville, appointed by the Chief Elected Official, te a representative the Transit Operator for the City of Fayetteville; a representative from the Fort Liberty Bragg Military Reseryation.-t-represemlive-trem Divisin-Six-oFlhe-NenkCamslmaDerarimemkaFFamsperatosamderpepresentalive-Fom PMH-gHoFe-NeCPyfampenstans A member of any local elected board may serve as an alternate to the designated TAC member for each member. The MPO staff shall be notified of changes in TAC members and TAC alternate members each year and/or as changes are made. As established in its Bylaws. the TAC may create subcommittees to assist it in carrying out its responsibilities. TAC will meet with the necessary regularity to In addition, the board of directors of the FAMPO shall include a non-voting representative from the Federal Highway Administration-North Carolina Division, and a non-voting representative from the Federal Transit Administration-kegion IV. The members representing the Fort Liberty Bragg-Military Reservation and the state and federal agencies FAMPO Boundary. ensure adequate performance of duties as described herein. shall be selected as determined by the agencies they are representing. TAC Voting members: 1. County of Cumberland 2. County ofHarnett 3. County ofHoke 4. County ofMoore 5. County of Robeson 6. Towno of Eastover 7. Town of Erwin 117 8. City of Fayetteville (2) 9. Fort Liberty Military Reservation 10. Town ofHope Mills 11. Town of Parkton 12. City of Raeford. 13. Town of SpringLake 14. North Carolina Board ofTransportation - Division 6 15. North Carolina Board ofTransportation - Division8 Section 4. Conduct of Business by the' Technical Advisory Committee (TAC) The FAMPO Technical Advisory Committee beard-efdireeters will meet as often as it deems appropriate and advisable. The Technical Advisory Committee beardefdireeters: will adopt by- laws and: select a Chaira and Vice-Cehair and conduct its business! in accordance with its adopted by- laws.. All meetings oft the board of directors shall be subject to the Open Meetings Law. The FAMPOI board ofdirectors will be responsible for carrying out thej provisions of23 U.S.C. $134 (Federal Highway Administration); and 49 U.S.C. $$5303, 5304, 5305, 5306 and 5307(Federal Transit Administration); including the following duties and responsibilities: 5.1.Review and approval oft the annual transportation Unified Planning Work Program and 5.2. Review and approval oft the Transportation Improvement Program for multimodal capital and operating expenditures to insure coordination between local and State capital and operating 5,3, Review and approval of the Metropolitan Transportation Plan, and subsequent changes thereto, and the Comprehensive Transportation Plan as required by the N.C.G.S. $136-66.2(d). Revisions int the transportation plans must be jointly approved by the FAMPO board ofdirectors 5.4. Endorsement, review and approval of changes to the Federal Highway Administration Functional Classification System, the Adjusted Urbanized Area Boundary and the Metropolitan 5.5. Endorsement, review and approval of a Prospectus for Transportation Planning which defines work tasks and responsibilities for the various agencies participating ini the transportation 5.6. Establishment of goals and objectives for the transportation planning process reflective of and responsive to such comprehensive plans for growth and development in the Metropolitan 5.7. Approval and distribution of federal funds designated for the Metropolitan Planning Area under the provisions ofMAP-21 and any other subsequent transportation funding authorizations. Section 5. Role and Responsibilities oft the FAMPO any subsequent amendments; improvement programs and any subsequent amendments. and the North Carolina Department ofTransportation. Planning Area Boundary. planning process. Planning Area as adopted by FAMPOLocal Government Boards. 118 Section 6. Establishment oft the Transportation Coordinating Committee (the' TCC) 6.1. The parties acknowledge that transportation planning is a specialized field. In order to give the FAMPO, through its duly constituted Transportation Advisory Committee (the' TAC), access to the technical expertise necessary to meet the requirements of federal and state law, a Technical Coordinating Committee (the TCC) shall be established with the responsibility for advising thel FAMPOon thet technical aspects ofthetr transportation planning process, performing such technical analysis as necessary to support transportation planning and making recommendations to the FAMPO and local and State governmental agencies for any necessary 6.2. Membership oft the TCC shall include technical representation from all local and State governmental agencies directly related to and concerned with thei transportation planning process actions relating to the continuing transportation planning process. for the Metropolitan Planning Area and shall consist oft the following: Votingmembers: 1. City Manager, City ofl Raeford 2. County Manager, County of Cumberland 3. County Manager, County ofH Hoke 5. County Manager, County of Robeson 6. Town Manager, Town ofl Eastover Town 7. Manager, Town of] Hope Mills Town 8. Manager, Town of Spring Lake 9. Town Manager, Town ofl Erwin 4. County Manager or Director Planning and Inspections, County ofl Moore 10. Director, Cumberland County Planning and Inspections Department 11. Director, Fayetteville Area System ofTransit (FAST) 12. Director, Fayetteville Cumberland County Parks and Recreation Department 13. Director, City ofl Fayetteville, Public Services 14. Director, Cumberland County Engineering and Infrastructure Department 15. Director, Fayetteville Regional Airport 16. Director, City ofl Fayetteville, Development Services 17. City Traffic Engineer, City of Fayetteville 18. Director, Central Pines Rural Planning Organization 19. Director, Mid Carolina Rural Planning Organization 20. Planner, Lumber River Rural Planning Organization 21. Regional Planner. IMD NCDOT 22. Manager, Harnett County Planning Services 23. Supervisor, Cumberland County Schools Planning Department 24. Supervisor, Hoke County Schools Planning Department 25. Supervisor, Harnett County Schools Planning Department 26. Transportation Planning Division. NCDOT 27. Executive Director, Mid-Carolina Council of Governments 28. Executive Director, Sustainable Sandhills 30. Facilities Director, Methodist University 29.. Assoc. Vice-Chancellor for Facilities Management at Fayetteville State University 31. Facilities Director, Fayetteville Technical Community College 32. Directorate of Facilities, Fort Liberty Military Reservation 33. Division Engineer, Division Six, Division ofHighways, NCDOT 119 34. Division Engineer, Division Eight, Division ofH Highways, NCDOT AtLarge Voting Members, selected by the agency they represent: 2. Director of Cumberland County Transportation Program Non-voting members, serving ex-officio: -DNCA: 2. Transportation Planner, FHWA, NC Division 3. Region IV, Federal Transit Administration (FTA) 4-RepresemwivePeningDwisie-NCDOF Section 7. Conduct of Business by the TCC 1. President/C.E.0. ofthe Fayetteville -Cumberland County Chamber of Commerce The TCC will meet as often as it deems appropriate and advisable. The TCC will adopt by-laws and select a Chair and Vice-chair and conduct its business in accordance with its adopted by- laws. All meetings ofthe TCC shall be subject to the Open Meetings Law. Section 8. Role and Responsibilities of the' TCC The' TCC: shall bei responsible for development, review, and recommendation for approval oft the Prospectus, Transportation Improvement Program, Federal-Aid Urban System and Boundary, revisions toi the Transportation Plan, planning citizen participation, and documentation reports on the transportation study. Section 9. Establishment of the Citizens Advisory Committee (the CAC) There shall also be a Citizens Advisory Committee (the CAC) established consisting of nol less than 11 and not more than 17 interested citizens who reside within the Metropolitan Planning Area, The members ofthe CAC shall be appointed by the FAMPOI board ofdirectors and shall be selected to represent areas of interest and interest groups, including traditionally underrepresented members of the community, to address such interests as bicycle paths, pedestrian greenways, environmental concerns, road safety, traffic congestion, freight, rail and transit and with representatives including advocates for the disabled, seniors and minorities. The CAC will meet as often as it deems appropriate and advisable to: make recommendations to the TAC and the TCC. The CAC will adopt by-laws and select a Chair and Vice-chair and conduct its business in accordance with its adopted by- laws. All meetings oft the CAC shall be Administrative coordination for the FAMPO (TAC), the TCC and the CAC will be performed by an Executive Director. The Executive Director shall be selected by aj panel consisting oft the Development Services Director and the Public Services Director for the City of Fayetteville, the Director ofPlanning and Inspections for Cumberland County, and the managers or the designees ofthe managers of the towns ofl Hope Mills and Spring Lake. The Executive Director shall become an employee of Cumberland County, subject to the provisions of Cumberland County's personnel rules and policies, assigned to the Cumberland County Planning and Inspections Department and report to the county's Director of Planning and Inspections. The Executive Director shall select such other staff as may be budgeted in accordance with the selection and recruitment rules and policies of Cumberland County. All staff selected by the Executive Director shall become employees of Cumberland County assigned to the Cumberland Section 10. Conduct of Business by the CAC subject to the Open Meetings Law. Section 11.' The Executive Director 120 County Planning and Inspections Department and subject to the provisions of the County's 12.1. The Executive Director shall serve ex officio as the Secretary of the FAMPO Board of Directors (the TAC), the TCC and the CAC: and shall be responsible to arrange the meetings and agendas and maintain the minutes and records of each. In addition, the Executive Director shall prepare the Prospectus, the Unified Planning Work Program the (UPWP), a Transportation Improvement Program in accordance with federal and state regulations and requirements; develop a Transportation Plan in accordance with federal and state regulations; maintain the Transportation Plan; execute the transportation planning process in accordance with federal and state laws and regulations; prepare invoices and progress reports in accordance with federal, state, and local requirements; structure the public involvement process needed to ensure that the UPWP, Transportation Plan, Transportation Improvement Program, and any transportation conformity determinations meet federal requirements; and consult with thel FAMPOTAC,TCC and CACre regarding the best approaches toj performing the duties listed above. 12.2. In advance ofn making any proposal or recommendation to the TAC, the' TCC or the CAC, the Executive Director shall provide such recommendation to the chief planning official for every jurisdiction within the Metropolitan Planning Area which may be impacted by such proposal or recommendation in sufficient time for the chief planning official to review and personnel rules and policies. Section 12. Role and Responsibilities oft thel Executive Director comment on the proposal or recommendation. Section 13. Additional Responsibilities of Member Governments 13.1.The representative from each Local Government on the FAMPO board of directors shall ber responsible fori instructing the clerk ofhis/ her local government to provide to thel Executive Director copies oft the minutes of any action taken by his/her local government which involves 13.2. Each member signatory local government shall coordinate zoning and subdivision approval ini their respective jurisdictions in accordance with the FAMPO adopted transportation 13.3. As the host agency, the Cumberland County Planning and Inspections Department will serve as the Lead Planning Agency for transportation planning in the Metropolitan Planning Area. All other member signatory local governments will assist in the transportation planning process by providing planning assistance, data, and inventories in accordance with the any MPO plan. plan. Prospectus for Transportation Planning. Section 14. Funding and Fiscal Matters 14.1. All transportation and related federal aid planning grant funds available to promote the cooperative transportation planning process will be expended in accordance with the Unified Planning Work Program adopted by the TAC, Administration of funding in support of the Transportation Planning Process on behalf of the TAC will be conducted by the County of Cumberland as the host planning agency. Cumberland County will execute appropriate agreements with funding agencies as provided by thel Planning Work Program. 14.2. The local match for the Federal Aid planning funds will be determined based on the current federal matching requirements. The signatory General Purpose Local Governments will 121 contribute to the local match requirement based on their percentage of the population within the Metropolitan Planning Area at the most recent decennial census. Only the non-municipal population of those portions of counties located within the Metropolitan Planning Area shall be counted for counties. Member governments may also be asked to contribute additional local 14.3. The fair market rental value of the office space provided by the Cumberland County Planning and Inspections Department as the host agency will be counted toward Cumberland County's match as an: in-kind contribution. The fair market value ofthe rent shall be figured as the same annual rate per square foot that Cumberland County receives from the State ofNorth funding forj projects wholly within theirjurisdictional limits. Carolina for any other county-owned office space rented by the State. Section 15. Duration oft the. Agreement Any party may terminate its participation in the MPO and remove itself from this Agreement by giving sixty days' advance notice in a writing signed by the Chief Elected Official, ifa local government, or by the chief executive officer of the agency, if not a local government. This notice shall be delivered to the Chairman of the FAMPO: Board of] Directors and to the Executive Director. 122 Memorandum of Understanding 00000D Fayetteville Area Metropolitan Planning Organization (FAMPO) Adopted July 24, 2024 123 Table of Contents Section 1.1 Boundary oft the Metropolitan Planning Area. Section 3. Establishment of the FAMPO. Section 5. Role and Responsibilities oft the FAMPO. Section 7. Conduct of Business by the TCC. Section 8. Role and Responsibilities oft the TCC. Section 10. Conduct of] Business by the CAC. Section 11. Thel Executive Director. Section 2. Planning Responsibility within thel Metropolitan Planning Area.. Section 4. Conduct of Business by the FAMPO Technical Advisory Committee (TAC). Section 6.1 Establishment of the Transportation Coordinating Committee (the TCC). 3 4 5 5 0 Section 9. Establishment of the Citizens Advisory Committee (CAC) Section 12. Role and Responsibilities oft the Executive Director.. Section 13.. Additional Responsibilities ofl Member Governments. 7 7 Section 14. Funding and Fiscal Matters. Section 15. Duration of the. Agreement. Signature Pages City of Fayetteville. Town ofl Eastover Town ofl Hope Mills. Town of] Parkton. City of Raeford. Town of Spring Lake.. Town of Erwin.. Fort Liberty Military Reservation County of Cumberland. County of Harnett. County of Hoke. County ofl Moore. County of Robeson. 9 10 11 12 13 14 15 16 17 18 19 20 21 North Carolina Department ofTransportation. FAMPO - MOU. July 24, 2024 Page 1of22 124 MEMORANDUM OF UNDERSTANDING FOR COOPERATIVE, COMPREHENSIVE, ANDCONTINUING1 TRANSPORTATION. PLANNING FOR THE FAYETTEVILLE URBAN AREA AMONG THE CITY OF FAYETTEVILLE, THE' TOWN OF EASTOVER, THE' TOWN OFI HOPE1 MILLS, THE TOWNOFFARKION.TIE CITY OF RAEFORD,THE TOWNOFS SPRING LAKE, THETOWNOF ERWIN, THE FORTI LIBERTY MILITARY RESERVATION, THE COUNTY OF CUMBERLAND, THE COUNTY OF HARNETT, THE COUNTY OF HOKE, THE COUNTY OF MOORE, THE COUNTY OFI ROBESON, ANDTHEN NORTHCAROLINA DEPARTMENTOFTRANSPORTATION IN COOPERATION WITHTHE UNITED STATES DEPARTMENT OF TRANSPORTATION WITNESSETH: WHEREAS, certain of the parties hereto have previously entered into a Memorandum of Understanding for cooperative, comprehensive, and continuing transportation planning through the Fayetteville Area Metropolitan Planning Organization (FAMPO), which agreement was last amended in December 2014 and amended in May 2021 to add membership for the Fort Liberty Military Reservation; and WHEREAS, the parties desire to continue that transportation planning through the FAMPO and amend and expand the agreement to include additional parties and clarify their respective roles and responsibilities; and WHEREAS, each Metropolitan Planning Organization (MPO) is required to develop a Metropolitan Transportation Plan in cooperation with NCDOT and in accordance with 23 U.S.C. $134, any amendments thereto, and any implementing regulations; and a Comprehensive Transportation Plan in accordance with North Carolina General Statute $136- 66.2; and WHEREAS, the Metropolitan Transportation Plan serves as the basis for future WHEREAS, the parties intend that this Memorandum of Understanding shall supersede NOWTHEREPORE, in consideration of thei mutual benefits afforded to each party, the transportation improvements within the Metropolitan Planning Area; and all prior memoranda of understanding among any oft them pertaining to thel FAMPO. parties agree as follows: Section 1. Boundary of the Metropolitan Planning Area The Fayetteville Urban Metropolitan Planning Area consists of the Fayetteville Urban Area as defined by the United States Department of Commerce, Bureau of the Census, plus that area beyond the existing urbanized area boundary that is expected to become urbanized within a twenty-year planning period. This area is hereinafter referred to as the Metropolitan Planning Area. Per federal regulation, a Metropolitan Planning Organization, in cooperation with the NCDOT and public transit operators, is required to review the Metropolitan Planning Area (MPA) after each Census to determine if the existing MPA boundary meets the minimum FAMPO - MOUJuly24,2024 Page 2of22 125 statutory requirements for new and updated urbanized areas and shall adjust the boundary as necessary. This MOU recognizes thel FAMPO's adherence to this regulation and has fulfilled its requirements by completing a formal Boundary Assessment which has involved collaboration and engagement with all agencies within the NCDOT 2050 Travel Demand Model Boundary. Upon adoption of this MOU and its establishment of the FAMPO Boundary, there shall be no additional member agencies of the FAMPO Planning Boundary until the next review of the Section 2. Planning Responsibility within the Metropolitan Planning Area Cooperative, continuing and comprehensive transportation planning shall be undertaken in the Metropolitan Planning Area by the FAMPO in accordance with all applicable federal and state statutes. The FAMPO shall coordinate any transportation planning it undertakes which may have a regional impact with the Capital Area Metropolitan Planning Organization, Sandhills Metropolitan Planning Organization, Central Pines Rural Planning Organization, Mid-Carolina Rural Planning Organization and thel Lumber River Rural Planning Organization. Section 3. Establishment of the FAMPO Technical Advisory Committee The FAMPO shall be governed by a Technical Advisory Committee (TAC) which shall be the policy making board for the MPO and shall be constituted as follows: The voting members oft thel FAMPO' TAC shall consist of Elected Officials. An Elected Official will represent each member Local Governments party to this agreement plus an additional representative from the City Council ofl Fayetteville, appointed by the Chief Elected Official, arepresentative the Transit Operator for the City of] Fayetteville; ai representative from thel Fort Liberty Military Reservation. A member of any local elected board may serve as an alternate to the designated TAC member for each member. The MPO staff shall be notified of changes in TAC1 members and' TAC alternate members each year and/or as changes are: made. As established in its Bylaws, the TAC: may create subcommittees to assist iti in carrying outi its responsibilities. TAC will meet with the necessary regularity to ensure adequate performance of duties as In addition, the board of directors of the FAMPO shall include a non-voting representative from the Federal Highway Administration-North Carolina Division, and a non-voting representative from the Federal Transit Administration-Region IV. The members representing thel Fort Liberty Military Reservation and the state and federal agencies shall be FAMPO Boundary. described herein. selected as determined by the agencies they are representing. TAC Voting members: 1. County of Cumberland 2. County of] Harnett 3. County of Hoke 4. County of Moore 5. County of Robeson 6. Town of Eastover 7. Town of Erwin 8. City of Fayetteville (2) 9. Fort Liberty Military Reservation 10. Town of Hope Mills FAMPO - MOU. July 24, 2024 Page 3of22 126 11. Town ofl Parkton 12. City ofRaeford 13. Town of Spring Lake 14. North Carolina Board ofTransportation - Division 6 15. North Carolina Board ofTransportation - Division 8 Section 4. Conduct of] Business by the' Technical Advisory Committee (TAC) The FAMPO Technical Advisory Committee will meet as often as it deems appropriate and advisable. The Technical Advisory Committee will adopt by-laws and select a Chair and Vice- Chair and conduct its business in accordance with its adopted by- laws. All meetings of the board of directors shall be subject to the Open Meetings Law. Section 5. Role and Responsibilities of the FAMPO The FAMPO board ofdirectors will bei responsible for carrying out the provisions of23 U.S.C. $134 (Federal Highway Administration); and 49 U.S.C. $85303, 5304, 5305, 5306 and 5307(Federal Transit Administration); including the following duties and responsibilities: 5.1.Review and approval oft the annual transportation Unified Planning Work Program and 5.2. Review and approval of the' Transportation Improvement Program for multimodal capital and operating expenditures to insure coordination between local and State capital and operating 5,3, Review and approval of the Metropolitan Transportation Plan, and subsequent changes thereto, and the Comprehensive Transportation Plan as required by the N.C.G.S. $136-66.2(d). Revisions in thei transportation plans must bej jointly approved by the FAMPO board of directors 5.4. Endorsement, review and approval of changes to the Federal Highway Administration Functional Classification System, the Adjusted Urbanized Area Boundary and the Metropolitan 5.5. Endorsement, review and approval of a Prospectus for Transportation Planning which defines work tasks and responsibilities for the various agencies participating in the transportation 5.6. Establishment of goals and objectives for the transportation planning process reflective of and responsive to such comprehensive plans for growth and development in the Metropolitan 5.7. Approval and distribution of federal funds designated for the Metropolitan Planning Area under thej provisions ofMAP-21 and any other subsequent transportation funding authorizations. Section 6. Establishment of the Transportation Coordinating Committee (the TCC) 6.1. The parties acknowledge that transportation planning is a specialized field. In order to give thel FAMPO, through its duly constituted Transportation Advisory Committee (the' TAC), any subsequent amendments; improvement programs and any subsequent amendments. and thel North Carolina Department ofTransportation. Planning Area Boundary. planning process. Planning Area as adopted by FAMPOLocal Government Boards. FAMPO MOU July 24, 2024 Page4of22 127 access to the technical expertise necessary to meet the requirements ofi federal and state law,a Technical Coordinating Committee (the TCC) shall be established with the responsibility for advising theFAMPOont thet technical aspects ofthet transportationp planning process, performing such technical analysis as necessary to support transportation planning and making recommendations to thel FAMPO and local and State governmental agencies for any necessary 6.2. Membership of the TCC shall include technical representation from all local and State governmental agencies directly related to and concerned withi thet transportation; planningi process actions relating to the continuing transportation planning process. for the Metropolitan Planning Area and shall consist oft the following: Voting members: 1. City Manager, City of] Raeford 2. County Manager, County of Cumberland 3. County Manager, County ofHoke 5. County Manager, County of Robeson 6. Town Manager, Town of Eastover' Town 7. Manager, Town of] Hope Mills Town 8. Manager, Town of Spring Lake 9. Town Manager, Town of] Erwin 4. County Manager or Director Planning and Inspections, County of Moore 10. Director, Cumberland County Planning and Inspections Department 11. Director, Fayetteville Area System ofTransit (FAST) 12. Director, Fayetteville Cumberland County Parks and Recreation Department 13. Director, City ofl Fayetteville, Public Services 14. Director, Cumberland County Engineering and Infrastructure Department 15. Director, Fayetteville Regional Airport 16. Director, City of] Fayetteville, Development Services 17.City Traffic Engineer, City of] Fayetteville 18. Director, Central Pines Rural Planning Organization 19. Director, Mid Carolina Rural Planning Organization 20. Planner, Lumber River Rural Planning Organization 21. Regional Planner, IMD NCDOT 22. Manager, Harnett County Planning Services 23. Supervisor, Cumberland County Schools Planning Department 24. Supervisor, Hoke County Schools Planning Department 25. Supervisor, Harnett County Schools Planning Department 26. Transportation Planning Division, NCDOT 27. Executive Director, Mid-Carolina Council of Governments 28. Executive Director, Sustainable Sandhills 30. Facilities Director, Methodist University 29. Assoc. Vice-Chancellor for Facilities Management at Fayetteville State University 31. Facilities Director, Fayetteville Technical Community College 32. Directorate of Facilities, Fort Liberty Military Reservation 33. Division Engineer, Division Six, Division of Highways, NCDOT 34. Division Engineer, Division Eight, Division ofl Highways, NCDOT FAMPO MOU July 24, 2024 Page 5of22 128 AtLarge Voting Members, selected by the agency they represent: 2. Director of Cumberland County Transportation Program Non-voting members, serving ex-officio: 1.7 Transportation Planner, FHWA, NC Division 2.1 Region IV, Federal Transit Administration (FTA) Section 7. Conduct of Business by the TCC 1.P President/C.E.O. oft the Fayetteville -Cumberland County Chamber of Commerce The TCC will meet as often as it deems appropriate and advisable. The' TCC will adopt by-laws and select a Chair and Vice-chair and conduct its business in accordance with its adopted by- laws. All meetings of the TCC shall be subject to the Open Meetings Law. Section 8.1 Role and Responsibilities of the TCC The' TCC shall be responsible: for development, review, and recommendation for approval ofthe Prospectus, Transportation Improvement Program, Federal-Aid Urban System and Boundary, revisions tot the' Transportation Plan, planning citizen participation, and documentation reports on the transportation study. Section 9.1 Establishment oft the Citizens Advisory Committee (the CAC) There shall also be a Citizens Advisory Committee (the CAC) established consisting ofr no less than 11 and not more than 17 interested citizens who reside within the Metropolitan Planning Area, The members ofthe CAC shall be appointed by the FAMPO board ofdirectors and shall be selected to represent areas of interest and interest groups, including traditionally underrepresented members of the community, to address such interests as bicycle paths, pedestrian greenways, environmental concerns, road safety, traffic congestion, freight, rail and transit and with representatives including advocates for the disabled, seniors and minorities. The CAC will meet as often as it deems appropriate and advisable toi make recommendations to the TAC and the TCC. The CAC will adopt by-laws and select a Chair and Vice-chair and conduct its business in accordance with its adopted by- laws. All meetings of the CAC shall be Administrative coordination for the FAMPO (TAC), the TCC and the CAC will be performed by an Executive Director. The Executive Director shall be selected by aj panel consisting oft the Development Services Director and the Public Services Director for the City of] Fayetteville, the DirectorofPlanning: and Inspections for Cumberland County, and thei managers or1 the designees oft the managers of the towns of Hope Mills and Spring Lake. The Executive Director shall become an employee of Cumberland County, subject to the provisions of Cumberland County's personnel rules and policies, assigned to the Cumberland County Planning and Inspections Department and report to the county's Director of Planning and Inspections. The Executive Director shall select such other staff as may be budgeted in accordance with the selection and recruitment rules and policies of Cumberland County. All staff selected by the Executive Director shall become employees ofCumberland County assigned tot the Cumberland County Planning and Inspections Department and subject to the provisions of the County's Section 10. Conduct of Business by the CAC subject to the Open! Meetings Law. Section 11.Thel Executive Director personnel rules and policies. FAMPO - MOU. July 24, 2024 Page 6of22 129 Section 12. Role and Responsibilities of thel Executive Director 12.1. The Executive Director shall serve ex officio as the Secretary of the FAMPO Board of Directors (the TAC), the TCC and the CAC and shall be responsible to arrange the meetings and agendas and maintain the minutes and records of each. In addition, the Executive Director shall prepare the Prospectus, the Unified Planning Work Program the (UPWP), a Transportation Improvement Program in accordance with federal and state regulations and requirements; develop a Transportation Plan in accordance with federal and state regulations; maintain the Transportation Plan; execute the transportation planning process in accordance with federal and state laws and regulations; prepare invoices and progress reports in accordance with federal, state, and local requirements; structure the public involvement process needed to ensure that the UPWP, Transportation Plan, Transportation Improvement Program, and any transportation conformity determinations meet federal requirements; and consult with the FAMPOTACTCC and CAC regarding the best approaches to performing the duties listed above. 12.2. In advance ofi making any proposal or recommendation to the TAC, the' TCC or the CAC, the Executive Director shall provide such recommendation to the chief planning official for every. jurisdiction within the Metropolitan Planning Area which may be impacted by such proposal or recommendation in sufficient time for the chief planning official to review and comment on thej proposal or recommendation. Section 13. Additional Responsibilities ofl Member Governments 13.1.The representative from each Local Government on the FAMPO board of directors shall bei responsible fori instructing the clerk ofhis/ her local government toj provide to thel Executive Director copies oft the minutes of any action taken by his/her local government which involves 13.2. Each member signatory local government shall coordinate zoning and subdivision approval int their respective. jurisdictions in accordance with the FAMPO adopted transportation 13.3. As the host agency, the Cumberland County Planning and Inspections Department will serve as the Lead Planning Agency for transportation planning in the Metropolitan Planning Area. All other member signatory local governments will assist in the transportation planning process by providing planning assistance, data, and inventories in accordance with the any MPO plan. plan. Prospectus for' Transportation Planning. Section 14. Funding and Fiscal Matters 14.1. All transportation and related federal aid planning grant funds available to promote the cooperative transportation planning process will be expended in accordance with the Unified Planning Work Program adopted by the TAC, Administration of funding in support of the Transportation Planning Process on behalf of the TAC will be conducted by the County of Cumberland as the host planning agency. Cumberland County will execute appropriate agreements with funding agencies as provided by the Planning Work Program. 14.2. The local match for the Federal Aid planning funds will be determined based on the current federal matching requirements. The signatory General Purpose Local Governments will contribute to the local match requirement based on their percentage of the population within the Metropolitan Planning Area at the most recent decennial census. Only the non-municipal FAMPO MOU. July 24, 2024 Page7of22 130 population of those portions of counties located within the Metropolitan Planning Area shall be counted for counties. Member governments may also be asked to contribute additional local 14.3. The fair market rental value of the office space provided by the Cumberland County Planning and Inspections Department as the host agency will be counted toward Cumberland County's match as an in-kind contribution. The fair market value ofthe rent shalll be figured as the same annual rate per square foot that Cumberland County receives from the State of North funding forj projects wholly within theirj jurisdictional limits. Carolina for any other county-owned office space: rented by the State. Section 15. Duration of the Agreement Any party may terminate its participation in the MPO and remove: itself from this Agreement by giving sixty days' advance notice in a writing signed by the Chief Elected Official, ifa local government, or by the chief executive officer of the agency, if not a local government. This notice shall be delivered to the Chairman oft thel FAMPO Board of Directors and to the Executive Director. FAMPO-I MOU July 24,2024 Page 8 of22 131 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town ofHope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the' Town of Springl Lakel by its Mayor, FortLibertyl Military Reservation by its Director of Public Works, the County of Cumberland byi its Chair, the County ofl Harnett by its Chair, the County ofHoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of' Transportation by the Secretary ofTransportation. (Seal) Clerk City ofFayetteville Mayor By. Approval Date: FAMPO - MOUJuly 24, 2024 Page 9of22 132 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of] Fayetteville by its Mayor, the Town of Eastover by its Mayor, the' Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lakel byi its Mayor, Fort Liberty Military Reservation by its Director of Public Works, the County of Cumberland byi its Chair, the County ofHarnett byi its Chair, the County of] Hoke by its Chair, the County of] Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary ofTransportation. (Seal) Clerk Town of] Eastover Mayor By. Approval Date: FAMPO - MOU. July 24, 2024 Page 10 of22 133 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of] Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of] Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Springl Lakel byi its Mayor, FortLibertyMilitary Reservation by its Director of Public Works, the County of Cumberland byi its Chair, the County of Harnett byi its Chair, the County ofl Hoke by its Chair, the County of Moore by its Chair, the County of] Robeson by its Chair and the North Carolina Department ofTransportation by the Secretary ofTransportation. (Seal) Clerk Town of] Erwin Mayor By Approval Date: FAMPO - MOUJ July 24,2024 Page 11 of22 134 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town ofl Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lakel byi itsl Mayor, FortLiberty Military Reservation' by its Director ofPublic Works, the County of Cumberland byi its Chair, the County ofHarnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary ofTransportation. (Seal) Clerk Town ofHope Mills Mayor By. Approval Date: FAMPO - MOU. July 24, 2024 Page 12 of22 135 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town ofH Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lakeb byi its] Mayor, Fortl Libertyl Military Reservation by its Director ofPublic Works, the County of Cumberland byi its Chair, the County ofHarnett byi its Chair, the County of] Hoke by its Chair, the County of Moore by its Chair, the County of] Robeson by its Chair and the North Carolina Department of Transportation by the Secretary ofTransportation. (Seal) Clerk Town ofParkton Mayor By. Approval Date: FAMPO - MOU July 24, 2024 Page 13 of22 136 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Springl Lakel byi its Mayor, Fortl LibertyMilitary Reservation by its Director of Public Works, the County of Cumberland byi its Chair, the County of Harnett byi its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County ofRobeson by its Chair and the North Carolina Department ofTransportation by the Secretary ofTransportation. (Seal) Clerk City of] Raeford Mayor By Approval Date: FAMPO - MOU. July 24, 2024 Page 14 of22 137 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City ofl Fayetteville by its Mayor, the Town of] Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake byi its Mayor, Fort) Liberty Military Reservation by its Director ofPublic Works, the County of Cumberland byi its Chair, the County ofHarnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary ofTransportation. (Seal) Clerk Town of Spring Lake By. Mayor Approval Date: FAMPO - MOU July 24, 2024 Page 15of22 138 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of] Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the' Town of] Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring] Lakel by its Mayor, FortLiberty! Military Reservation by its Director ofl Public Works, the County of Cumberland byi its Chair, the County of Harnett byi its Chair, the County of Hoke by its Chair, the County of! Moore by its Chair, the County ofl Robeson by its Chair and the North Carolina Department ofTransportation byt the Secretary ofTransportation. Fort Liberty Military Reservation By Director of Public Works on behalf oft the Garrison Commander Approval Date: FAMPO. MOU. July 24, 2024 Page 160 of22 139 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of] Fayetteville by its Mayor, the Town of Eastover by its Mayor, the' Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Springl Lake byi its Mayor, Fort Libertyl Military Reservation by its Director of Public Works, the County of Cumberland byi its Chair, the County of Harnett byi its Chair, the County ofHoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary ofTransportation. (Seal) Clerk County ofCumberland Chairman, Board of Commissioners By. Approval Date: FAMPO MOU. July 24,2024 Page 17of22 140 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of] Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring] Lake! byi its Mayor, Fort] Liberty Military Reservation by its Director ofPublic Works, the County of Cumberland byi its Chair, the County ofHarnett by its Chair, the County of] Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary ofTransportation. (Seal) Clerk County of] Harnett By. Chairman, Board of Commissioners Approval Date: FAMPO - MOU. July 24, 2024 Page 18 of22 141 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town ofH Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Springl Lakeb by its Mayor, Fort] Libertyl Military Reservation by its Director of Public Works, the County of Cumberland by its Chair, the County ofHarnett by its Chair, the County ofHoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary ofTransportation. (Seal) Clerk County ofHoke By Chairman, Board of Commissioners Approval Date: FAMPO MOU. July 24,2024 Page 19 of22 142 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lakel byi its] Mayor, FortLiberty. Military Reservation by its Director ofl Public Works, the County of Cumberland byi its Chair, the County ofHarnett byi its Chair, the County ofHoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary ofTransportation. (Seal) Clerk County ofMoore By Chairman, Board of Commissioners Approval Date: FAMPO - MOU. July 24,2024 Page 20 of22 143 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City ofl Fayetteville by its Mayor, the Town of Eastover by its Mayor, the Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring] Lakeb byi itsl Mayor, Fortl Libertyl Military Reservation by its Director ofPublic Works, the County of Cumberland byi its Chair, the County ofHarnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department of Transportation by the Secretary ofTransportation. (Seal) Clerk County of Robeson By Chairman, Board of Commissioners Approval Date: FAMPO - MOUJ July 24,2024 Page 21 of22 144 IN WITNESS WHEREOF, the parties to this Memorandum of Understanding have been authorized by appropriate action to sign the same, the City of Fayetteville by its Mayor, the Town of] Eastover by its Mayor, the' Town of Erwin by its Mayor, the Town of Hope Mills by its Mayor, the Town of Parkton by its Mayor, the City of Raeford by its Mayor, the Town of Spring Lake byi itsl Mayor, Fort Liberty! Military Reservation by its Director of Public Works, the County of Cumberland by its Chair, the County ofHarnett by its Chair, the County of Hoke by its Chair, the County of Moore by its Chair, the County of Robeson by its Chair and the North Carolina Department ofTransportation by the Secretary ofTransportation. North Carolina Department ofTransportation By Secretary ofTransportation Approval Date: FAMPO - MOU. July 24, 2024 Page 22 of22 145 NEW BUSINESS ITEM3 3I Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: August 26, 2024 Subject: CORE The Town of Erwin is currently working with the North Carolina Department of Commerce on a project called CORE, which stands for Creating Outdoor Recreation Economies. Wel havel had three meetings with the stakeholder team and the plan should be finalized around November 2024. One of the benefits ofbeing a CORE member is that the State ofNorth Carolina has approved funds for these communities to attend conferences'raining: events that would help reach the goals set forth in the plan to promote an outdoor recreation economy. The State ofN.C. will reimburse any participating CORE community funds to send an employee or CORE committee member to training opportunities while the funds last. They have not given us an idea ofhow long the funds will last. In order to qualify for the reimbursement the' Town has to submit ai request to thel N.C. Department of Commerce for pre-approval. If the request is approved the Town has to pay the invoices first and submit the proper documentation for reimbursement. We did receive a request from one oft the stakeholders about this opportunity. Ir met with some members from the N.C. Department of Commerce to learn more about the process and they recommended presenting this information to the Erwin Town Board. We would need to develop some sort of policy ifthis is something we want to pursue. Our training budgets are already rather limited and I would much prefer we focus on sending our staff to as many opportunities as possible. But these funds would be reimbursed. 146 Creating Outdoor Recreation Economies (CORE) Program Guidelines for Training and Technical Assistance Support for Local Government Participants About the Creating Outdoor Recreation Economies (CORE) Program InJ January: 2023, the N.C. Department of Commerce, Rural Economic Development Division, announced that 34 local governments from across the state would participate in the Creating Outdoor Recreation Economies (CORE) program. The CORE program, whichi is funded by a U.S. Economic Development Administration (EDA) State Tourism Grant, offers strategic planning and technical assistance to help rural North Carolina communities leverage the state's abundant outdoor recreation assets to support local Staff from the NCI Main Street & Rural Planning Center's Rural Planning Program (Rural Planners) will facilitate strategic planning processes with CORE program participants to identify outdoor recreation assets that present economic growth opportunities and to create strategies to develop them. Strategies willi focus on actions and projects that communities can dot toi increase tourism, encourage small business development, enhance quality of life for residents, plan for asset and infrastructure development, and/or position themselves to grow and attract outdoor gear manufacturing industries. The CORE program will also provide training and technical assistance to help participating communities implement their strategies. Some training and technical assistance willl be provided directly and at no cost to participating communities through the CORE program and its University of North Carolina System partners, thanks tot the U.S. EDA grant. The CORE program also has funds that it can use to reimburse participating local governments for CORE-related training and technical assistance expenses, as outlined economic growth. below. CORE Training and Technical Assistance Support The CORE program will provide participating local governments (CORE communities) with opportunities and financial support to access and attend training and/or tor receive technical assistance related tot the development of rural outdoor recreation economies. Suchi training and technical assistance mayi include webinars, conferences, courses, or workshops; group site visits to learn best practices from communities that have created successful outdoor recreation economies, and other, similar activities. Financial support shall be in thei form of reimbursement of certain training and/or technical assistance expenses. Fora a CORE community to receive thet training and technical assistance support outlined in this document, the local government must have adopteda a resolution requesting CORE services fromi the Rural Planning Program and entered into an associated Memorandum of Understanding (MOU) with the North Carolina Department of Commerce, Rural Economic Development Division (REDD), Main! Street & Rural Planning (MS&RP) Center and/or its Rural Planning Program, regarding such services. In addition, the local government: should have completed the CORE strategic planning process with Rural Planning A CORE community that has not yet completed its strategic planning process may be eligible to receive CORE training and/or technical assistance support if the local government: and Rural Planning Program staffi identify an opportunity that may bel beneficial, but thet timing of the activity would not allow the Program staff and adopted the CORE strategic plan. community to attend after the planning process is complete. 147 The CORE program intends to provide financial support for at least one training and/or technical assistance opportunity per CORE community before December. 31, 2025. As CORE communities are reimbursed fori training and/or technical assistance, CORE program administrators will monitor the budget and determine whether the program can provide additional financial support to CORE communities that have already been served. Allowable Expenses As local governments complete and adopt their CORE strategic plans, Rural Planning Program staff and CORE program administrators will work with them toi identify potential training and other learning opportunities, technical assistance, and resources that could help them to implement their plans. The CORE program has funding available that it can use to reimburse local governments for certain training and/or technical assistance expenses. For expenses to be eligible for reimbursement, the training and/or techniçal assistance should: relate to outdoor recreation economic development; support one or more strategies, goals, objectives, actions, and/or tasks identified in a community's CORE strategic plan; and enhance the community's ability to successfully implement its CORE: strategies. In addition, the expenses must be reasonable, as determined by CORE program administrators, and adhere to standards oft the N.C. Department of Commerce Travel Expense Policy ("Commerce Travel Policy") in effect when the expenses are incurred (see Appendix 1). Expenses that may be reimbursed by the CORE program include: Registration1 fees fori in-person and/orvirtual conferences, workshops, courses, and other Passenger vehicle mileage for travel to andi from the training site as measured fromi the CORE community's local government administration office ("duty station"). Reimbursement: shall be at thel business use standard mileage rate set by the U.S. Internal Revenue Service that is in effect Overnight lodging at commercial lodging establishments when the training sitei is located atl least 35 miles from the CORE community's duty station. Reimbursable lodging expenses include the lodging rate (up to the maximum nightly rate specified in the Commerce Travel Policyt that isi in effect when the expenses are incurred) plus sales taxes, lodging taxes, local taxes, ands service fees applied tot the lodging rate. Communities are encouragedi to seek lodging rates at or near the state rate; however, the CORE program recognizes that rates vary byl location and will work Meals in accordance with the standards and at the rates specified in the Commerce Travel Policy ine effect when the expenses are incurred. Meals are only reimbursable when an overnight stay is involved. Times of departure and return to a CORE community's duty station determine which Fees charged byt trainers, instructors, guest speakers, or other professionals with advanced knowledge in a CORE-related field that al local government hires to train, teach, present, consult, and/or provide technical assistance on CORE-related topics and/or projects, inp person or virtually, toi thel local government, groups, and/or the community at large. See the Reimbursement of Actual Expenses section, below, for the documentation that is required to training events and activities. when the travel occurs. with local governments to accommodate higher rates, when reasonable. meals are reimbursable. substantiate actual expenses for reimbursement. Reimbursement Payments and the North Carolina Financial System Tor receive a reimbursement payment, al local government must be set upa as a payee int the North Carolina Financial System (NCFS). Unless otherwise indicated, the N.C. Department of Commerce, Rural 148 Economic Development Division, will use the payeei information int the NCFS that corresponds to the Ifal local governmenti is nots set up as a payee int the NCFS, it will need to submit a State of North Carolina Substitute W-9 Form and a Supplier Electronic Payment Form tot the North Carolina Office oft the State Controller (OSC) bye email at ncisepay@osc.ncgovw To obtain thei forms, see Appendix 2 or visit the State Suppliers section of the OSC website, htps/wwwosencgoVstate-supplers: Please note that it may take up to. 30 days for thej forms to be processed once they are. submitted to the OSC. finance office for the local government. Prior Approval of Anticipated Expenses Local governments must receive prior approval from CORE program administrators to determine if expenses they expect toi incur from the proposed training and/or technical assistance are eligible for reimbursement. Payments to reimburse such expenses shall only be made directly tot the local governments engaged in the CORE program, as namedi in the aforementioned resolution and MOU, following the completion of the training and/or receipt oft technical assistance. To obtain prior approval of anticipated training and/or technical assistance expenses, al local government must submit a CORE Training/Technical Assistance Support Pre-Approval Request form (see Appendix 3) to CORE program administrators. The local government will use the Proposed Training Request form to provide a description of the proposed training and/or technical assistance opportunity, its location and date(s), a preliminary agenda, the names of thei individuals that will attend and their affiliations to the community's CORE work, the proposed method of travel, the estimated expenses associated with participation, such as registrationi fees, meals, lodging, and mileage, a statement that explains how the training and/or technical assistance relates to and will assist the community withi implementing its CORE strategies, and other information to help CORE program administrators evaluate the request. Al local government must submit a CORE Training/lechnica Assistance Support Request form and any required: supplemental information to CORE program administrators. at least 30 days prior tot the date when thet training and/or technical assistance is scheduled to begin. CORE program administrators will confirm receipt of the request form and notify thel local government oft their decision, via email, within 10 days of their receipt of thet form. CORE program administrators will communicate with thel local government ifthe request lacks required information or needs more details. CORE program administrators will pause the review period for the request until the local government provides the required or additional information. Reimbursement of Actual Expenses Once al local government completes the training and/or receives thet technical assistance for which it received prior approval, it may request reimbursement from the CORE program for actual expenses incurred. To do sO, the local government must submit the documents and supporting information requested below. If multiple people participated in at training activity on behalf of al local government, a reimbursement request should be submitted to the CORE program that covers the expenses fora all: such participants. An invoice issued by the local government to the N.C. Department of Commerce, Rural Economic Development Division, that references the Creating Outdoor Recreation Economies (CORE) ACORE Training/Technical. Assistance Expenses Reimbursement form (see Appendix 4). Documentation of actual expenses, as outlined below andi in accordance withi the Commerce Travel Policy. The types of expenses must be eligible for reimbursement and coincide withi those shown on the approved CORE Training/Technical. Assistance Support Request form. program and includes thet total reimbursement: amount requested. 149 The list below outlines the types of documentation that must be submitted with the CORE Training/Technical. Assistance Expenses Reimbursement formi to verify actual expenses. Final agenda ori itinerary for thet training and/or technical assistance. the amount charged, the amount paid, and the date of payment. Registration Fee Receipt for registration fee payment that includes the name of the registrant, Passenger Vehicle Mileage A map or other document thati indicates the trip origin, destination, route, and distance between the origin and destination. For example, a mapi from a GPS navigation or online mapping program, such as Google Maps or MapQuest, that shows the Overnight Lodging Ani itemized receipt from a commercial lodging establishment that shows detailed expenses fore each day, including the name of the lodging facility, the name of the lodging guest, the length of the stay, the nightly rate and total, if multiple nights, any applicable Meals - Receipts for meals are not required for reimbursement requests; however, actual times of departure and return must bei indicated on the CORE Training Expenses Reimbursement form when meals are claimed. Meals are only reimbursable when the individual stays overnight. Per the Commerce Travel Policy, meals for overnight travel may be claimed as follows: Breakfast when departing duty station prior to 6:00 am. Lunch when departing duty station prior to noon. Lunch when returning to duty station after 2:00 pm. Dinner when departing duty station priort to! 5:00 pm. Dinner when returning to duty station after 8:00 pm. requested information is acceptable documentation. taxes andi fees, the amount paid, and the date of payment. Fees for Training and/or Technical Assistance Providers Receipt or paidi invoice for fee(s) charged by training and/ort technical assistance providers hired by thel local government that includes the name and contact information of the provider, the name of the local government, thet type(s) and date(s) oft training and/or techniçal assistance provided, the amount charged by the provider, the amount paid byt the local government, and the date of payment. Thei invoice, the CORE Training/Technical. Assistance Expenses Reimbursement form, and documentation of actual expenses should bes sent bye email toi the CORE program administrators within 30 days of the completion oft thet training and/ort technical assistance. CORE Program Administrators Please contact the CORE program administrators listed below to discuss thet financial assistance that may be available to support training and technical assistance opportunities of interest to your CORE community. They can also answer questions about the processes, forms, and documentation associated with the reimbursement of local governments for certain CORE-related training and/ort technical assistance expenses. David McRae Appalachian Regional Commission Assistant Program Manager North Carolina Department of Commerce 984-365-0853 mobile david.mcrae@commerce.nc.gov Karen Smith, AICP Rural Planning Program Manager NCI Main Street & Rural Planning Center 828-747-1585 mobile sminecommerencsor 150 APPENDICES Creating Outdoor Recreation Economies (CORE) Program Guidelines for Training and Technical Assistance Supporti for Local Government Participants Appendix: 1 N.C. Department of Commerce Travel Expense Policy (July 1, 2023) Appendix 2 State of North Carolina Substitute W-9 Form and Supplier Electronic Payment Form Appendix 3 Training-Technical Assistance Support Pre-Approval Request Form Appendix4 4 CORE Training/Technical Assistance Expenses Reimbursement Form (forthcoming) 151 Appendix1 N.C. Department of Commerce Travel Expense Policy (July 1,2023) 152 NORTH CAROLINA DEPARTMENT OF COMMERCE POLICY: # FM 1 Title: Travel Expense Policy Effective Date: Revisions: July 1,2001 July 1,2023 Administering Authority: Chief Fiscal Officer Statutory Authority (ifA Applicable): State Budget Manual Section 5 Purpose: To provide specific guidelines concerning travel reimbursement expenses. Policy: FISCAL SERVICES GUIDELINES Following are some of the more common guidelines relative to expenditures which are reimbursable on Travel Reimbursement Requests. This should not be considered as being' "all inclusive"; if you are confronted with a questionable expenditure please contact your supervisor and/or the Fiscal Services Division for clarification prior to commitment. TRAVEL REIMBURSEMENT REQUESTS: "An employee traveling on official business is expected to exercise the same care in incurring expenses that ap prudent person would exercise if traveling on personal business and expending personal funds. Excess costs, circuitous routes, delays or luxury accommodations and services unnecessary or unjustified or for the convenience or personal preference of the employee in the performance of official business are prohibited. Employees will be responsible for unauthorized costs and any additional Each employee is responsible for his/her own request for reimbursement. Each employee isn responsible for his/her own meals, registration costs and all other travel expenses These policies are intended to apply only to those state employees or other persons on official state business. Official state business occurs when the state employee or other person is traveling to attend approved job related training and/or work on behalf of, officially represent, or provide a state service upon the state's request. Travel that would Alla approved reimbursement requests (typed only) must be filed in the Fiscal Services Division (FSD) within 30 days after thet travel period ends. (Example: March 4th thru 8th travels is due in the FSD no later than April 8th). A delinquent letter will be issued to the expenses incurred for personal preference or convenience." incurred and should not pay any expenses for other employees. not directly benefit the state will not be reimbursable. employee and placed in his/her personnel file. The only exceptions that willl be granted are: --Personal Sickness (out of the office for several weeks) --Death in immediate family 153 -International Travel - ife employee uses his/her credit card. Credit card statements are The Travel Reimbursement Request form may bei found at the web address: itp/intranet.nccommerce.comlagences/iscal-servces/isca-orms Please attach a short memo indicating if your travel reimbursement is delinquent due to one of thet three exceptions listed above. The employee must sign the memo. All reimbursement requests must have signature of claimant and appropriate approving Allr reimbursements must include the reason/ / purpose oft the tripi in the purpose field. used for the conversions rates authority. All receipts must be attached. Travel Reimbursement Form should contain: The authorized approver's signature on the travel reimbursement form (denoting they were authorized to take the trip) with the hotel e-mail receipt, the approved BDA if applicable according to Fiscal Management Guidelines, and all other proper ecepts/documentaton relating to thet trip. BDA's: All reimbursement requests must have approved budget authorization (BDA) attached to cover all out-of-state travel (even if the hotel is Gratis), registration fees in excess of $49 or excess in-state hotel allowances. A BDA should be inclusive of all charges to be incurred with the associated expenses. This must be approved in advance. Trip costs are estimates, but details such as dates, destinations, names of travelers and registration fees must be accurate. Please refer to FM 10 for approval authority delegation via division Any BDA's requiring revisions should be reapproved by the approving Supervisor/Director of the agencyldivision, however, if the revision is in excess of $500 it will need to be reapproved by the Secretary or Deputy Secretary of Commerce or their Designee. Reimbursement fori in-state overnight lodging (prior approval by department head or his or her designee required to qualify for reimbursement of overnight stays) must be substantiated by an itemized receipt from a commercial lodging establishment; copies of Travel must involve a destination at least 35 miles from the employee's assigned duty station (or home, whichever is less) to allow for an overnight stay. Regulations for "Duty station" is defined as the location where the employee is assigned. Department head approval is required to designate the employee's home as the duty station. directors (and designees) and Secretary's Office. Lodging: charge receipts only are not acceptable. departure and arrival times must be followed. 154 Ap payment of sales tax, lodging tax, local tax or service fees applied tot the cost ofl lodgingi is allowed in addition to the lodging rate ($89.10 & $105.20) and is to be paid as lodging Express Hotel Invoices---The fiscal representative from each division must calli for a detailed hotel invoice. Express hotel invoices are not acceptable. These invoices do not Web Based Internet Hotel Reservatons-Exception has been granted from OSBM for employees to use thel hotel email receipt when using a web based Internet site to book hotel reservations. The hotel email confirmation and travel reimbursement must include expense. provide detailed expenses for each day. thei following: Hotel Email Receipts should contain: Length of the stay Nightly rate and total ifi it is for multiple nights Name oft the hotel Employee's name Third Party Lodging- reimbursement for lodging in an establishment that is being rented out by a third party or an establishment treated as an apartment building by state or local law or regulation is allowed only if the agency can document that per day lodging rates will cost less than standard in state or out of state lodging rates noted in the subsistence table below. Third party lodging requests must include documentation that provides evidence of savings to the State. Third party lodging agreements are not allowed among family members or where such agreements or payments create a financial conflict of interest to the traveling employee or other agency managers or employees. Third party lodging may include, yeti is not limited to, online website house or room rental services. A signed rental agreement, or a reservation and receipt and documentation of agency budget office prior approval must be presented to receive reimbursement. Maximum allowed subsistence rates effective July 01, 2023 Meals: In-State Out-of-State Breakfast Lunch Dinner Hotel DAILY TOTAL $10.10 13.30 23.10 89.10 $135.60 $10.10 13.30 26.30 105.20 $154.90 Excess for meals is not allowable unless the meal is included in a registration fee, out-of- country travel or predetermined charges which are specifically stated in a program, brochure and etc. (copy must bei furnished) and prior approval by BDAI has been received. Al BDA should bei inclusive of all charges to bei incurred with the associated expenses. The cost of meals included in other related activities (registration fees, conference costs, hotel registration, etc.) may not be duplicated in reimbursement requests. 155 Ifrequested, each employee may be reimbursed for breakfast even if their hotel offers a No lunch reimbursement unless an overnight stay is involved with the exception of official board/commission meetings where attendance is required and the meal is a preplanned part of the formal agenda. Refer to FM-2 and FM-10, Section 41 regarding meals to prospect Meals for overnight travel may be claimed under thet following circumstance: free continental breakfast. and prospect expenses. Breakfast when departing duty station prior to 6:00 am; Lunch when departing duty station prior to Noon; Lunch when returning to duty station after 2:00 pm; Dinner when departing duty station prior to 5:00 pm; Dinner when returning to duty station after 8:00 pm; Actual times of departure and return must be indicated on the reimbursement request when Employees are allowed to claim reimbursement for meals even though they are shown and meals are claimed. offered as a part of one's flights schedule on a commercial airline. Tips for meals are included as part of the meal allowance. Phone Calls: Employees are not allowed to charge long distance phone calls to the state for calls made of a personal nature. Except as stated - (1). An employee who is ini travel status for two or more consecutive nights in a week is allowed one personal long distance telephone call for each two nights for which reimbursement to the employee may not exceed $3 for in-state calls or $51 for out-of-state calls. Documentation is required for reimbursement (itemized daily charges ont the hotel bill will serve as documentation for the call or phone service invoice). (2) Call(s) islare of an emergency nature will be determined by the department. An example is a call made when an employee calls home to inform someone that the travel period has been extended beyond original plans AlII long distance calls that are to be paid by the state are those made pursuant to the employee conducting official state business. Reimbursement may be requested for business calls under l"other expenses" on the travel reimbursement form. Calls over $5.00 must be identified with destination and number called. due to unforeseen reasons. Mileage: Itis the intent oft the State that state employee travel shall be conducted in the most efficient manner and at the lowest and most reasonable cost to the State. With regard to passenger vehicle travel, whether in or out-of-state, Commerce shall: Maximize utilization of state-owned vehicles (agency-owned or agency- assigned vehicles owned by the Department of Administration), Make use of State term contracts for short-term rentals (State Term Contract 975B Vehicle Rental Services), and 156 Reimburse for use of personal vehicles When State-owned resources are not available, the agency may procure vehicles through the State's term contracts or reimburse use of personal vehicles. The employee will be required to submit an EMPLOYEE REQUEST TO USE RENTAL OR PRIVATE- NOTE: Information regarding the State's term contract can bei found in the Rental Use of personal vehicle for state business is reimbursable when the tripi is approved by a supervisor (authorized approver for travel reimbursements). Ifa state employee uses a personal vehicle, actual mileage is reimbursable. Mileage is measured from the closer As state employee shall be reimbursed the business standard mileage rate set by the IRS 65.5 cents per mile (effective January 1, 2023) when using their personal vehicle for state business. Parking fees, tolls, and storage fees are reimbursable when the required receipts are obtained. The employee must claim the actual mileage for thet trip. Documentation of miles driven, noting origin and destination of the trip is required to be attached to the Travel Reimbursement Form. Example of documentation is print outs from internet sites such as MapQuest or Google Maps. Mileage rate for travel to and from the airport is reimbursable at the IRS rate of 65.5 cents for all Commerce Divisions. Mileage is measured from the closer of the duty station or home. The employee will not be required to submit an EMPLOYEE REQUEST TO USE RENTAL OR PRIVATE-OWNED VEHICLE" form when travel only involves mileage OWNED VEHICLE" to his or her supervisor. Vehicles section. ofduty station or point of departure to destination (and return). reimbursement to and from the airport. Travel to/from Airport at Employee's Duty Station Reimbursement fort travel between the employee's duty station or home (whichever is less) and the nearest airline terminal (or train/bus station if applicable) and for parking may be made under the following circumstances. For travel by: Taxi, car service, mobile phone ordered car service, or Airport Shuttle Private car - the business standard mileage rate set by the Internal Revenue Services for one round trip with or without parking charge. Receipts are required for airport parking claims. Use of Public Transportation - In lieu of using ai taxi or airport shuttle, employees can be reimbursed without receipts $51 for each one-way trip either from the airport to hotel/meeting or from the hotel/meeting to the airport or the actual cost of thet travel with the submission of receipts. Actual costs with receipts. Fees in excess of $20 require that the destination be listed. 157 Travel to/from Airport at Employee's Destination Reimbursement for travel to and from the airline terminal (or train/bus station if applicable) at the employee's destination may be made where travel is via most Taxi, car service, mobile phone ordered car service or Airport Shuttle service - Private Car- the business standard mileage rate set by the Internal Revenue Service for one round trip with or without parking charge. Receipts are required Use of Public Transportation - In lieu of using at taxi or airport shuttle, employees can be reimbursed $5 without receipts for each one-way trip from the airport to hotel/meeting or from the hotel/meeting to the airport. Reimbursement will be made for the actual cost oft the travel with the Fees in excess of $20 require that the destination bel listed. economical mode available as listed below: Actual costs with receipts. for airport parking claims. submission of receipts. Parking: Parking expenses are reimbursable while in the course of conducting official State business as long as such expenses are determined reasonable and clearly show that there was care taken to keep the costs to the State as low as possible. Receipts must be furnished. Any parking rates considered excessive and only for the convenience of thet traveler will not be reimbursable. For example, excessive or inappropriate parking would be the use of an airport's hourly parking loti for an overnight trip. Travel Involving Trips Other than to and from the. Airport: The actual costs oft taxi and shuttle service fares are reimbursable when required for travel on official state business. The request must be documented with ar receipt. The use of public transportation is reimbursable for actual costs with a receipt. Fees in excess of $20 require that the destination be listed. Extraordinary Expenses: ATM Fees- If the employee is in travel status as documented by an approved BDA, receipts in the amount of1 the withdrawal are required for reimbursement of ATM fees. The cost of road maps is not reimbursable. Proper trip organization should precede all travel. Travel routes should be preplanned using either free on-line map services, such as Map Quest, Yahoo Maps, etc. or conventional state road maps. State maps are available at our own Division ofTourism and are included in all state vehicles. 158 Items for personal use such as cosmetics, medications, snacks, clothing, alcoholic beverages, refreshments or other items for personal preference or convenience are not reimbursable. Tips for maid services will not be reimbursable. Laundry costs are not reimbursable except for out-of-country travel for stays of one week or Tuxedo rental is aj personal expense of the employee. Commerce cannot reimburse for Original receipts must be furnished for expenses such as postage, film longer. tuxedo rental. developingpurchase, freight, copies, etc. Gratuity: Reimbursable gratuity or tips must be considered reasonable for items that are not already covered under subsistence. Excessive tips will not be reimbursed. A reasonable tip would be one that a prudent person would give if traveling or conducting personal business and expending personal funds. Gratuity or tips should be listed under' "other expenses" ont the reimbursement request form. For further guidance, the following Airports: Baggage Handling/Skycaps = no more than $2 per bag; Parking/Auto Related: Valets = $2 per car when collecting the car; Taxi Drivers =no more than $5 per trip and $1- $2 al bag. information is provided when calculating a tip: Shuttle Drivers= no more than $2 per bag. Hotel Related: $1 -S $2 al bag. Ifane employee claims tips not listed as referenced above, justification must be attached and approved by the authorized approver of travel reimbursements and the employee. All travel utilizing a commercial airline (in-state, out-of-state, out-of-country) must receive prior approval through the BDA process approved by the Secretary or his/her designee. A BDA should be inclusive of all charges to bei incurred with the associated expenses. Please attach the approved BDA to the Cash Disbursement Code Sheet andi the invoice from thet travel agent. Ifthe employee receives reimbursement for the airfare, the canceled ticket/receipt should also be attached to the travel reimbursement form and all Penalties for ticket changes or cancellation are the responsibility of the individual unless the change is at the direction of or fori the convenience of the department; emergency situations Airline Trave!: proper documentation to accommodate the reimbursement. are an exception. 159 Air travel is reimbursable at actual coach fare only and must be substantiated by a receipt and approved BDA. The only exception is air travel internationally on overseas flights may be reimbursed at the actual business class fare with an approved BDA. Ift there are unusual or extenuating circumstances, which should be considered, then aj justification and explanation should be attached to the BDA seeking approval for an exception. The airline itinerary must be attached to the reimbursement request. If the employee receives reimbursement for the airfare, the canceled ticket/receipt should also be attached to the travel reimbursement form and all proper documentation to accommodate the reimbursement. Reimbursement for check = in fees is limited to actual costs substantiated by receipt. "Check-in" fees or "baggage fees" are presently being issued by more and Reimbursement for costs incurred in obtaining or renewing a passport may be made to an employee who, int the regular course of his duties, is required tot travel overseas in the furtherance of official state business. Passport expenses are chargeable to the same Frequent Flier Miles and Coupons/Certficates earned by a state employee while traveling on state business at state expense are property of the state and shall be used by the state more airlines, bus, or rail services. fund that supports the employee's trip. employee on future statel business trips. STATE VEHICLES: Procedures for obtaining and using state vehicles owned by the Division of Motor Fleet Management (Department of Administration) is seti forth in the Rules and Regulations provided by that division. Every individual who uses a permanently assigned state- owned passenger motor vehicle, pickup truck, or van to drive between his official workstation and his home, shall reimburse the state for these trips at a rate computed by Expenses for state vehicles (gasoline, repairs, etc.) are the responsibility of DOAI Motor Fleet Management (MFM). Any reimbursement for purchases made by thei individual must Permanently assigned vehicles must be driven 12,600 miles annually (1,050 miles monthly) Car logs should be completed and submitted to Fiscal Services by the 10th ofe each new month. Ifat travel log is not received, the division will be billed the minimum 1050 miles for that month and the actual mileage will be billed, when the travel logi is received, ont the next billing. The Division Director will be notified that a travel log was not received. Make certain all information requested ont the car log is completed before submission; particularly approved signature, employee driving, destination, purpose of visit and mileage. It_is the responsibility of persons assigned a MFM-owned vehicle(s) to keep the vehicle(s) clean. Motor Fleet Management no longer pays for vehicle washes. The cost of washes is the responsibility of the person or agency assigned the vehicle. The Department of Administration. be paid and authorized by MFM. Verify total mileage for month, Department # and Fund/RCC# 160 Other contact phone numbers for MFM are (919) 733-6540 and (919)733-7773. RENTAL VEHICLES: For both in-state and out-of-state travel, rental vehicles shall be obtained through the State's term contracts when available. Unless prior approval has been obtained from the department head or his or her designee, the state employee shall bear the difference in cost when renting a vehicle from a class that exceeds the cost of a standard vehicle on the State's term contract for short-term vehicle rentals. No reimbursement will be made for rental insurance purchased because the state employees are covered under the State's auto insurance program. However, reimbursement for automobile rental insurance will be permitted for individuals engaged in state business during travel to Enterprise will direct bill Commerce fori in-state and out-of-state travel. Each division will have an assigned customer number. When reserving the rental vehicle the employee must provide the customer number in order for Enterprise to direct bill. Below is the link to State Term Contract 975B Vehicle Rental Services. The link will provide you with the vendors, reservation instructions, rental rates, and accident international destinations. reporting. ntp/Nww.doasiatenc.spande975b.pdr Vendor shall charge only the rates shown int the Hertz Master Agreement No. 9949 Enterprise Master Agreement No. 9950 and NC Participating Addenda for the rental of vehicles at each branch location. Rate includes all charges for reservations, shuttle service, collision/loss damage These rental rates are base rates. They are exclusive of fuel for re-fueling, optional services or features purchased by Traveler, local and state sales and federal excise taxes, airport concession fees, city surcharges or city differential fees applicable in certain cities, legislative or mandated taxes orf fees, bond issues imposed by government bodies or similar charges controlled by third party(ies). waiver insurance, and unlimited mileage. LUNCHEONS/DNNERS/RECEPTONS/CONFERENCES/OTHER ACTIVITIES HOSTED BY THE DEPARTMENT: Registration fees for conferences, training classes, seminars or other non-accredited classes will be reimbursed for the actual amount. Individuals are responsible for paying all registration fees for $49 or less. (Exceptions will be granted to employees attending in groups of two or more. Each employee must complete an Advance Registration Form and one check will be issued tot the vendor). Agendas and receipts must be attached with the reimbursement request when the employee pays the advance registration of $49 or less. Advance Registration Request forms must be completed for any advance registration payment made by Fiscal Management. The supporting documents, the BDA (if required), and the agenda must be attached to the Advance Registration Request. A BDA: should be inclusive of all charges to be incurred associated with thet trip. 161 Registration fees for educational assistance associated with courses taken for academic credit: refer to HR 8 and 9. External Conferences External conferences are those that involve the attendance of persons other than the employees of a single state department, institution or agency. Payment for meals is allowable if included in the registration fee, but the fee must not consist exclusively of meal or it will not be allowable unless meeting overnight travel criteria. Requirements and Limitation for External Conferences 1. 2. 3. 4. Function must be approved in writing in advance by the Secretary's Office through Fiscal Services with details, anticipated expenses, agenda and etc. spelled out. There is written invitation to participants, setting forth the calendar of events, the Purchases connected with such activities must be approved by the Commerce's Purchasing Officer prior to any commitment; including personal services, use of Assemblies should be held in state facilities; however, non-state facilities can be rented and the cost charged to a state agency without allocation to participants' 5. Break costs for conferences and etc. are limited to $5.00 per person per day with a minimum of 10 people required. Prior approval from the Secretary's Office must be Individuals within the department are not authorized to sign binding contracts; only 7. A list of attendees and the agenda must be provided with invoices when submitted Social security numbers must be obtained for payments to individuals for services 10. Registration fees may be charged by the sponsoring department to participants for 11. Registration fees may not include costs of entertainment, alcoholic beverages, setups, or flowers. Registration fees collected (refer to FM-11, Cash Management) and not used to defray expenses of the particular conference may not be used for other programs and must revert to the general fund as applicable (G.S. 138-6(a)(4). When assemblies are to be held under the sponsorship of a state department in which the funding for all participants is budgeted, lump-sum payments to a conference center or an organization may be made upon written authorization from the Secretary or his/her social activities, if any, and the detailed schedule of costs. buses, etc. daily subsistence allowances. obtained. Please provide list of attendees. the Secretary or his/her designee. 6. 8. 9. for payment with the approved Cash Disbursement Code Sheet. Purchases of flowers or gifts are not reimbursable. rendered. cost of external conferences. designee. The authorization must provide: 1. The purpose and duration of the conference. 2. The number of persons expected to attend. 3. The specific meals to be served at the conference (law prohibits lunches being provided to state employees unless registration fees are charged to all attendees). 4. The approximate daily subsistence cost per person; and 162 5. The name of the conference center, hotel, caterer, or other organization providing the service. Itis the responsibility of the divisions to ensure that reimbursement for meals included int the lump-sum payment is not also included in reimbursement payments made to state employees who are conference participants. Internal Conferences Internal conferences are those that involve the attendance of employees within that particular department, institution, or agency only. No payment for meals is allowable unless an overnight travel criterion is met. A routine staff meeting or retreat is not an internal conference. Requirements and Limitations for Internal Conference: 1. The conference is planned in detail in advance, with a formal agenda or curriculum. Function must be approved in writing in advance by the Secretary's Office through Fiscal Services with 2. There is a written invitation to participants, setting forth the calendar of events and the 3. No excess travel subsistence may be granted for internal departmental meetings, conferences, seminars, etc., and such meetings must be held in state facilities when 4. Break costs for conferences and etc. are limited to $5.00 per person per day with a minimum of 10 people required. Prior approval from the Secretary's Office must be 5. A department cannot use state funds to support or underwrite a meeting, assembly, conference, seminar, rally, celebration or similar function by whatever name called that promotes any cause or purpose other that the These guidelines must adhere to the above regulations for any luncheons, details, anticipated expenses, agenda and etc. spelled out. detailed schedule of costs. available. No registration fee may be charged. obtained. Please provide list of attendees. mission and objectives of the department. receptions and other activities. routine office use. No coffee, refreshments, cups, paper plates, etc. can be purchased with state funds for CORRECTIONS on Fiscal Services Forms Please do not use white out or correction tape on any Fiscal Services Forms. The employee must mark through the error one time, make the correction, and initial the correction. The forms should be neat which will allow them tol be processed in ai timely manner. Ifthe Fiscal Representative from the Division receives al Fiscal Services form with several errors, the form must be redone before submitting to Fiscal Services. 163 The format of any Fiscal Services form should not be revised to accommodate the division. If the division has a concern or special need, please contact the Fiscal Services Division. The CFO of Dept. of Commerce issues approval of all forms generated by the The travel reimbursement form allows the mileage rate to be changed. This is the only Any forms written in pencil (this includes corrections) will be returned as incomplete to Fiscal Services Division. format that should be changed. the Division. 164 Appendix2 State of North Carolina W-9 Form and Supplier Electronic Payment Form 165 REV1 10/2023 NCOffice of the State Controller (IRS Form W-9 will not be acceptedi inl lieu of this form) *Denotes al Required Field STATE OF NORTH CAROLINA SUBSTITUTE W-9 FORM Request for Taxpayer Identification Number *1. Social Security Number (SSN), Please select the appropriate Taxpayer Identification Number (EIN, SSN, orl ITIN)t type ande enter your 9-digitl IDI number. The U.S. Taxpayer Identification Number is being requested per U.S. Taxl Law. Failure to provide this information' inat timelyr manner couldp prevent or delay payment toy you orr require The State of NC tov withhold 24%1 fori backup OR OR Employer Identification Number (EIN), Individual Taxpayer Identification Number (ITIN) PRESS THE TABI KEYI TO ENTER FACH NUMBERL *4. Legal Name (as registered with the IRS- seei instructions): 5.E Business Name/DBA/Dsregarced Entity Name, if different from *2. withholding tax. 3. Unique Entity! Identifier or Dunn & Bradstreet Universal Numbering! System (DUNS) (seei instructions): Legal Name: "6. Legal Address *Address Line: 1: Address Line 2: *City *County *8. Contact Name: 9.P Phone Number: 10. Fax Number: *11. Email Address: (PRESS THE TABI KEY1 TO ENTERI EACH NUMBER) Contact Information Address Line 1: Address Line 2: City County 7.R Remittance. Address (Location: specifically used for payment thatis different from Legal Address, ifapplicable) (DO NOT TYPE OR WRITE IN THIS FIELD) State *Zip (9 digit) State Zip (9digit) "13. Entity Classification Medical Services Services NCL Local Govt Federal Govt NC State Agency Other Govt Other (specify) 14. Exemptions (see instructions) '12.Entity" Type Trust/Estate Other Individual/Sole Propretor/Singe-member LLC c-Corporation S-Corporation LimitedI liability company. Enter thet tax classification (C-C corporation, Note: Check the appropriate boxi int the line above for thet tax classification oft the single- member owner. Dor not check! LLCifthel LLCi is classified as as single-member LLCt thatis disregarded from the owner unless the owner oft thel LLCisa another LLCt that isr not disregardedi from the owner for U.S.1 federal tax purposes. Otherwise,: a single-member LLC that is disregardedi from thec owner should check the appropriate box fort the tax classification Partnership Legal/Attorney Exempt payee code (ifa any): S-S corporation, P-Partnership), Exemptioni from FATCA reporting code (ifa any): ofi its owner. Under penalties ofp perjury, certifyt that: 1. Ther numbers shown ont thist formi isr my correctt taxpayeri identification number (orl am waitingf fora ar number tob bei issuedt to me), and 2. lamr nots subjectt tol backupv withholding because: (a)l ame exempt from backupi withholding, or (b)I have not beenr notified by thel Internal Revenue! Service (IRS)t thatl ams subject tob backupy withholding! because ofaf failuret tor reporta alli interest or dividends, or (c)t thel IRSH has notifiedr met thatl lam nol longer subject tob backupy withholding, and 3. lama aU.S. citizen ord other U.S. person( (defined lateri ing general instructions), and The FATCA code(s) entered ont thisf form (ifa any)i indictingt thati ame exempt from FATCAI reporting is correct. Certification instructions: Pleaser refert tot thel IRS Form W-91 located ont thel IRS Website ntpsllwww.irgov): "Printed Name: "Authorized U.S. Signature: Printed" Title: Date: Please complete the! Modification to Existing Supplier Records form ift there have been any changes tot thei following: Taxl Identification! Number (TIN), Legal Name, Business Name, Remittance Address. Ifyouv would liket tor receivey your payments electronically, please complete the Supplier Electronic Payment form. Return all completedi formst tot the State Agency from whichy you: arer requesting payment. 166 NC Office of the State Controller Substitute W-9 Instructions Page 1 General Instructions Specific Instructions Section: 1-Taxpayer Identification Identification Number (ITIN) without dashes. For General Instructions, please refert tot thel IRS Form W-91 located ont thel IRS Website htps/wwwirsgov). 1.1 Taxpayer Identification Type. Checkt thet type ofi identification number providedi in box2 2. 2.1 Taxpayer Identification Number (TIN). Enter taxpayersnine-digt Employer Identification Number (EIN), Socials Security Number (SSN), orl Individual Taxpayer Note: Ifank LLCH has one owner, the LLC's default taxs statusi is' disregarded entity". Ifanl LLChast two owners, the LLC's defaultt taxs status is' partnership". Ifank LLChas 3. Unique Entityl Identifier or DUNSI Number. Suppliers arer requested to enter their UniqueE Entityl IDI number orD DUNSI Number createdi ins SAM.E gov,if 4. Legal Name. Enter thel legalr name as registered with thel IRS or Social Security Administration. For individuals, entert ther name oft the persony who will do business witht thes State of NCa asit ita appears ont the Social Security Cardo or other requiredF Federalt tax documents. And organization shoulde enter the name shown oni its charter or other legald documents that createdt thec organization. Dor nota abbreviate names. Dor note entera al DBAC or Disregarded Entity! Name elected tot bet taxed asad corporation, itr musti filel IRS Form: 2553 (S Corporation) orl IRSF Form 8832 (CC Corporation). applicable. ont thisl line. Contact Information 6. Entery your Legal Address. 8. Enter the Contact Name. 9. Entery your Business Phonel Number. 10. Enter your Fax! Number, ifa applicable. 11.E Entery your EmailA Address. For clarification onl IRS Guidelines, seey www.irs.goy. 12. Entityl Type. Select thea appropriate entityt type. 13. Entity Classification. Select thea appropriate classification1 type. 5. Business Name. Business, Disregarded Entity, trade, or DBA ("doing! business as") name. 7. Entery your Remittance. Address, ifa applicable.. AF Remittance. Addressi is thel location in which you ory youre entityr receives business payments. Exemptions Ifyoua aree exempt from! backupy withholding: and/or FATCAr reporting, enter int the Exemptions box, any code(s) that maya apply toy you. See Exempt payee code and 14. Exempt payee code. Generally, individuals (including solep proprietors): arer not exemptf from backup withholding. Corporations aree exempt from backup withholding for certain payments, sucha as interest ando dividends. Corporations arer note exempt from backupv withholding for payments madei ins settlement of Note. Ify you are exempt from! backup withholding, yous shoulds still complete this form toa avoid possible erroneous backup withholding. Exemptiont from FATCA reporting codel below. payment card ort thirdp partyr network transactions. Thef followingo codes identify payeest that aree exempt fromb backupy withholding: 2-Thel United States ora any ofi its agencies ori instrumentalities 1-An organizatione exempt fromt tax under section 501(a), any! IRA, orad custodial account under section 403(b)7)ift the account satisfies ther requirements ofs section 401/P(2) 5-Acorporation 8-Areale estatei investment trust 11- A1 financiali institution 3-Astate,t the! District of Columbia, a possession oft the United: States, ora any oft their politicals subdivisions, ori instrumentalities 6-Ac dealer ins securities ord commodities requiredt tor registeri int thel United! States, the! District of Columbia, oray possession oft thel United States 4-Af foreigng government ora any ofi its politicals subdivisions, agencies, ori instrumentalities 7-Af futures commission merchant registeredv with the Commodity Futures Trading Commission 9-Ane entityr registered: ata allt times duringt thet taxy year undert the! Investment Company Acto of1 1940 10- Ad commont trustf fund operated byab bank under section! 584(a) 12-Ar middleman! known int thei investment community: asar nominee or custodian 13-A At truste exempt from tax under section 6640 or described ins section 4947. 167 NCC Office oft the State Controller Substitute W-9 Instructions Page: 2 Thef following chart shows types ofp paymentst thatr may be exemptf from backupy withholding. Thec charta applies tot the exempt payees! listed above, 1t through 13. Ifthe payment is for.. Interest and dividend payments Brokert transactions THEN the paymenti is exempt for... Alle exempt payees exceptf for7 Exempt payees1 1t through4 4 ande 6through 11a anda allO Co corporations. So corporations must note enter ane exempt payee code becauset they aree exempt onlyf fors sales of noncovered: securities acquired priort to 2012. Exempt payees1 11 through4 Barter exchange transactions: andp patronage dividends direct sales over $5,000' ort thirdp party network transactions Payments over $600 required tob ber reported and Generally, exempt payees: 11 through 52 Payments madei ins settlement of payment card Exempt payees1 11 through4 'See Form 1099-MISC, Miscellaneousl Income, andi itsi instructions. However, thet following payments madei toa corporation andr reportable onF Form: 1099-MISC are not exempt from backupy withholding: medical and! healtho care Exemption1 fromi FATCAI reporting code. Thei following codesi identify payeest that aree exemptf from reporting under FATCA. These codesa applyt top persons submitting thist formi fora accounts maintained outside of the United States byo certaini foreignf financial institutions. Therefore, ifyoua are onlys submittingt thisf formf fora ana account your holdi int the United States, your may leavet thisf field blank. Consult with thep person requestingt thisf form ify you are uncertaini if thef financiali institutioni is subjectt to payments, attorneys' fees, gross proceeds paidt toa ana attorney, and payments fors services paid byaf federale executive: agency. these requirements. A- An organization exemptf from tax under section! 501(a) ora anyi individual retirement plan as defined ins section 7701(a)(37) C-As state, thel Districto of Columbia, ap possession oft thel Uniteds States, ora any oft their politicals subdivisions ori instrumentalities D-A corporation thes stock ofv whichi isr regularly traded ond one or more established: securities markets, as described inF Reg. section 1.1472-: 1(c)(1)() E- Ad corporationi thati isar member oft the samee expanded affiliatedg groupa asa a corporation described inl Reg. section1 1.1472-1(cX1)0) F-A A dealeri ins securities, commodities, or derivativet financial instruments (including notional principal contracts, futures, forwards, and options) that is registeredas H-Ar regulated investment company as defined ins section 851 ora ane entity registered ata allt times duringt thet taxy year undert thel Investment Company Acto of1940 B- The United States ora any ofi its agencies ori instrumentalities such undert thel laws oft thel United States ora any state G-Areale estatei investment trust I-AC commont trustf fund as definedi ins section! 584(a) J-Al bank aso definedi ins section! 581 K-Ab broker Section 2- Certification L-Atrust exempt from taxu under section 664 ord describedi ins section 4947(a)(1) M-At taxe exempt trust under as section 403(b) plan ors section 457lg) plan Toe establish tot thep payinga agencyt thaty your TINI is correct, you are nots subject tot backup withholding, ory you areau.s. person, orr resident alien, sign thec certification on! NCS Substitute Form W-9. Youa areb being requested1 tos sign byt the State of North Carolina. Fora additional information pleaser refer tot thel IRS Form W-91 located ont thel IRS Website Atps/www.ISROV- 168 NC Office of the State Controller Seei instructions for return information. Telephone: 919-707-0795 www.osc.nc.goy nefsepay@ncose.poy Supplier Electronic Payment Request New Add Request Change/Update Existing Account Inactivate Existing Account *Denotes a required field The State of North Carolina offers payees the opportunity to receive payments electronically through U.S. based banks. In addition to We require you to submit a copy of a voided check, bank statement, ora a bank authorization letter on bank letterhead having the funds deposited electronically, you will also receive remittance information by e-mail. signed by a bank representative for account verification. *TAXID# # or SSN *PAYEE NAME REMITTANCE ADDRESS (AS PRINTED ON YOUR INVOICE) CONTACT STREET CITY NAME & TITLE SUITE/ROOM# ZIP CODE STATE PHONE NUMBER NEW FINANCIAL INFORMATION FINANCIAL INSTITUTION NAME: *NAME ON ACCOUNT: *NEWI ROUTING NUMBER: *NEW ACCOUNT NUMBER: ACCT TYPE: REMIT E-MAIL ADDRESS *North Carolina Agency Name: *North Carolina Agency Contact Email Address: Checking Savings New add requests MUST include contact information for the state agency with which you are doing business. *North Carolina Agency Contact Name: "North Carolina Agency Contact Phone Number: PRIOR FINANCIAL INFORMATION (only required for updates) FINANCIAL INSTITUTION NAME: NAME ON ACCOUNT: ROUTING NUMBER: ACCOUNT NUMBER: ACCT TYPE: REMIT E-MAIL ADDRESS Checking Savings ALL BOXES BELOW MUST BE REVIEWED AND CHECKED lacknowledge that electronic payments to the designated account must comply with the provisions of U.S. law, and the requirements of the Office ofF Foreign Assets Control (OFAC). laffimm the entire amount oft the payment will not bet transferred toa a foreign bank account. l'authorize the Office oft the State Controller toi initiate ACH payments, and if necessary, adjustments for any ACH payments in error, to the financial institution and account identified on the attached certification document. This authority will remain in effect until 1, the Ihave attachedac copy ofa current voided check, current bank statement, orab bank authorization letter ont bank letterhead signed! by al bank representative supplier cancel iti inv writing or the authorityi ist terminated by the NC Office oft the State Controller. PRINT NAME: SIGNATURE: Revised September 2023 DATE: PHONE NUMBER: T69 Instructions Denotes a required field on the form 1. *Check the appropriate box at the top of the form: New Add Request - Supplier would like to begin receiving payments via ACH. Change/Update Existing Account - Supplier's account number, routing number, or remittance email Inactivate Existing Account - Supplier no longer wants to receive payments via ACH. address has changed. 2. *Enter the supplier's Tax Identification Number or Social Security Number. 3. Enter the Payee Name - The name of the person or business receiving payment. 4. *Enter the supplier's remittance address. The remittance address is the address printed on youri invoice where payments should be sent. 5. *Enter the supplier's contact name, title, and phone number. 6. *Enter the supplier's financial information: Financial Institution Name - Name of thet financial institution. Name on Account - The account owner's name. Routing Number - Nine-digit number identifying the financial institution. Account Number = The bank account number where thet funds should be deposited. Account Type - Is this a checking or savings account? Check the appropriate box. Remit E-mail address- Enter the email address to which the remittance advices should be sent. 7. *For a new add request only, provide the following: North Carolina Agency! Name Thes state agency the supplier is doing business with. North Carolina Agency Contact Name -The supplier's contact person name at the state agency. North Carolina Agency Contact Email Address - The contact person's email address att the state agency. North Carolina. Agency Contact Phone Number - The contact person's phone number at thes state agency. NOTE: New add requests MUST include contact information for the state agency with which you are doing business. 8. Prior Financial Information- -1 this is required ift the supplier's bank account, routing number, or remittance email address has changed. Financial Institution Name - Name of the prior financial institution. Name on Account - The account owner's name. Routing Number - Nine-digit number identifying the prior financial institution. Account Number - The bank account number where thet funds were being deposited. Account Type - Is this a checking or savings account? Check the appropriate box. Remit E-mail address- Enter the email address to which the remittance advices were being sent. 9. "Review: all the information in the 3 attestation boxes located above the signature area. AlI3 3 boxes must be checked - otherwise the request will not be processed. 10. *Print Name - Print the name of the authorized signee on thet form. Signature - The authorized signee's signature. *Phone Number -The authorized signee's phone number. *Date - Date of signature. Return to: OSC-NCFS Support]1 1410 Mail Service Center Raleigh, NC: 27699-1410 ORFAX-919.875.3804 Please allow up to 30 days for processing Revised October 2023 170 Appendix: 3 CORE Training-Technical Assistance Support Pre-Approval Request Form 171 CORE Training/Technical. Assistance: Support Pre-Approval Request Form NCF Rural Planning Program, June 2024 Tos seek prior approvalf forp proposed CORE-relatedi traininga andte technicala assistance expenses, alocalg govemment mustr respond tot theq questions ont thisf form ands submiti it, asv well as any other requiredo documents, toc CORE program administrators atl least 300 days priort top priort tot the datev whent thet training and/ort technicala assistancei is scheduledt tot begin. ÇORE program administrators will confirm receipt ofther requestf form andr notify thel localg government oftheird decision, viae email, within 10d days ofth theirr receipt ofthef form. CORE program administrators) willo communicate witht the local govemment ifther request lacksr required information orr needs more details. CORE program administratorsy willp pause ther review periodf for ther request untilt thek localg government provides ther required or additionali information. Please submitt thisf forme electronically usingt the" "Submit Form" button or, oncet thef formi is complete, saves a copy ande email ittot the CORE programa administrators. Pleaser refert tot the Creating Outdoor Recreation Economies (CORE) Program Guidelines for Traininga and Technical Assistance Supportf fork Local Government Participants forr more details regarding training andt technicala assistance expenses thata aree eligiblef forr reimbursement. Submittal Date Local Govemment! Name Local Government! Mailing Address Estimated Reimburseable Expenses Summary Registration! Fees Mileage Lodging Meals Technical/ Assistance Fees $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 Local Government! Manager! Administrator Contact Information Name Title Email Start Date Telephone Proposed Training/Technical. Assistancel Dates Proposed Training/Technical. Assistancel Description Training Event/Technical Assistance Name Host/ Organizer/F Provider! Name End Date Total Days Location (City, State) Event/ Provider' Website Below, briefly describe thep proposed! traininge and/ort technical assistance ande explain howit itwillH helpt the communityy with CORE strategyi implementation. Include informationt thatv willl help CORE administratorsi to evaluate ther requestf fort training and/ort technical assistance support. Estimated1 Training Registration Fees (ifapplicable) Registration feep perp participant Number ofp participants thaty willr register Totale estimatedregistrationt fees $0.00 172 CORE1 Training/Technical. Assistance! Support Request Form Proposed1 Training Participants (ifa applicable) NCI Rural Planning Program, June 2024 Local Government Staff? Yes No Connectiont tol Local Goverment's CORE Plan/Project electedor appointedo official, local govemment staff, etc.) Name Title( (ifa applicable) Officialor (e.9., work group member, plans stakeholder, plani implementation, partner, localg govemment Estimated Passenger Vehicle Mileage Expenses (ifa applicable)- Reimbursement: shallb bea att the! business uses standardr mileager rate setb byt thel U.S. Intemal Revenue Service (IRS) thati isin Estimated Lodging Expenses (ifa applicable) For overight lodging tob be reimbursed, thet travel must! bet toac destinationl located at least 35n miles from the local government's administration office (dutys station). Reimbursablel lodginge expenses includet thek lodgingr rate (upt tot then maximum nightlyr rates specifiedi inthe! N.C. Departmento of Commerce Travel Expense Policy thati isi ine effecty whent the effecty whent thet travelo occurs. The 20241 mileager ratei is $0.67. Vehicle tripo distanceb between duty station & trainings site Anticipatedn number ofv vehicle trips U.S. IRSE business use $0.67 Totale estimated mileage $0.00 standardr mileage rate( (2024) expenses expenses arei incurred) pluss salest taxes, lodgingt taxes, localt taxes, ands service fees appliedt tot the lodgingr rate. NightiyLodging! Rates In-State: $89.1 10+7 Taxes Service Fees Out-of-State:. $105.20+ Taxes Service Fees (Rates effective. July 1, 2023) Lodging faciltyr name Number ofrooms needed Website Actualnightlyr rate, includingt taxes &f fees Lodging location Totalr nights oflodging needed (allr rooms) Out-of-Statel Meals Distance from duty station Totale estimated! ladging expenses $0.00 Estimated Meal Expenses (ifa applicable) Mealr reimbursement: must bei ina accordances witht thes standards anda att ther ratess specifiedi intl theN N.C. Department of Commerce Travel Expense Policyi in effect whent thee expenses arei incurred. Meals arec onlyr reimburseabley when ap participants stays overnight. Times ofc departure andr return tot thek localg govemnment's adminstrations office (dutys station) determine whichr meals arer reimbursable. Mealst thata areir includedin registrationf fees, conference costs, hotelr registration, etc., may not be duplicatedi in supportr requests. In-State! Meals Breakfast Lunch Dinner Breakfast Lunch Dinner $10.10 $13.30 $23.10 $10.10 $13.30 $26.30 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 MealF Reimbursement Rates Number ofr meals (all participants) Meal costs (all participants) Estimated1 Technical Assistancel Fees (ifa applicable) Technical assistance providerf fee(s) (Rates effective. July 1, 2023) Totale estimatedr meale expenses $0.00 $0.00 173 Appendix 4 4 CORE Training/Technical Assistance Expenses Reimbursement Form (forthcoming) 174 Creating Outdoor Recreation Economies (CORE) Program Training and' Technical Assistance Support for Local Government Participants Frequently Asked Questions (FAQs) About the Creating Outdoor Recreation Economies (CORE) Program InJ January 2023, the N.C. Department of Commerce, Rural Economic Development Division, announced that 341 local governments from across the state would participate ini the Creating Outdoor Recreation Economies (CORE) program. The CORE program, which is funded by a U.S. Economic Development Administration (EDA) State Tourism Grant, offers strategic planning and technical assistance to help rural North Carolina communities leverage the state's abundant outdoor recreation assets to support local The CORE program will provide training and technical assistance to help participating communities implement their strategies. This includes funding for participating communities to attend training and receive technical assistance which helps them gain skills and knowledge to continue advancing outdoor All training and technical assistance must adhere to the standards and guidelines outlined in the Ahtps/wwcommerensstahbsamdisahntslasistancesupporisa economic growth. recreation related economic development. following document: emmetpAIcPintceen What type of training and technical assistance opportunities are eligible? The CORE program will provide participating local governments (CORE communities) with financial support to access and attend training and/or to receive outside technical assistance which helps them gain skills and knowledge to continue advancing outdoor recreation related Such training and technical assistance may include webinars, conferences, courses, or workshops; group: site visits to learn best practices from communities that have created successful outdoor recreation economies, host a speaker or expert that helps to advance outdoor recreation-oriented economic development, and other similar activities. Training may be related tot trail development or other outdoor recreation infrastructure asset development, business development, tourism, or outdoor recreation product manufacturing. In certain instances, training on topics such as grant management, downtown redevelopment or similar subjects which advance community and economic development related to outdoor What are some examples of training and technical assistance opportunities for communities economic development. recreation. that are eligible for financial support from the CORE program? 175 Training and technical assistance mayi include webinars, conferences, courses, or workshops; group: site visits to learn best practices from communities that have created successful outdoor Examples include conferences, such as the Outdoor Economy Conference, The Great Trails State Conference, or the North Carolina Main Street Conference, or other training courses, such as those offered by the UNCSchool of Government, North Carolina League of Municipalities, or North Carolina Association of County Commissioners. Additional training opportunitiesare available and all must be pre-approved by CORE program administration. When applicable, courses related to recreational trail development are available for assistance. One example of this is the McDowell Technical Community College'sTrail Constructionand recreation economies, and other, similar activities. Sustainability Program. Whoi is eligible? press release: Currently, there are. 34 local governments who applied and are eligible to gain access tos services associated with the CORE program. These local governments are listed within thet following htps/hww.commercenchaserisN020I0monnarolmaelete To receive support for training, including reimbursement for training or technical. assistance, a local government must have adopted a resolution requesting CORE strategic planning services and entered into a memorandum of understanding with the North Carolina Department of Commerce, Rural Economic Development Division, Main Street & Rural Planning Center and/or How will the costs associated with attending these training activities be paid? Costs associated with training or technical assistance will only be paid to the local government engaged ini the CORE program (see previous question, "Who is eligible?") int the form of reimbursements. Any expenses to be reimbursed must be reasonable and necessary, as determined by CORE program administrators, and adhere to standards of the N.C. Department Local governments must receive prior approval from CORE program administrators to determine if the expenses they expect toi incur from the training and/or technical assistance are eligible for reimbursement. To obtain prior approval of anticipated training and/or technical assistance expenses, a local government must submit a CORE Training/Technical Assistance htes/hasommercenssewwriahbstéhntshastaespatesetigragoaleuest communities-creatingoutdoorrecreation-sconomies-core-program its Rural Planning Program. of Commerce Travel Expense Policy. Support Pre-Approval Request form to CORE program administrators. form/open How doy you submit the pre-approval form? Completed pre-approval forms must be sent via email to both of thei following CORE administrators email addresses for review. Please include the followingi information ini the email subject line: "CORE Training reAproal-Towm/coun, Name". CORE Administrators: David McRae Appalachian Regional Commission Assistant Program Manager 176 North Carolina Department of Commerce david.mcrae@commerce.nc.gov Karen Smith, AICP Rural Planning Program Manager NCI Main Street & Rural Planning Center smtnerommercencor What expenses will be reimbursed? Registration fees fori in-person and/or virtual conferences, workshops, courses, and Passenger vehicle mileage fort travel to and from thet training site as measured from the CORE community's local government administration office ("duty station"). Reimbursement shall be at the business use: standard mileage rate set by the U.S. Internal Revenue! Service that isi in effect when thei travel occurs. Overnight lodging at commercial lodging establishments when the training sitei is located at least 35 miles from the CORE community's duty station. Meals in accordance with the standards and ati the rates specified int the Commerce Travel Policyi in effect when the expenses are incurred. The cost of lunch is not reimbursable unless an overnight stayi is involved. Fees charged by trainers, instructors, guest speakers, or other professionals with advanced knowledge in a CORE-related field that al local government hires tot train, teach, present, consult, and/or provide technical assistance on CORE-related topics and/or projects, in person or virtually, to thel local government, specific groups, and/or Alle expenses that a local government intends to be reimbursed fori must be documented and receipts and other documentation must be provided to CORE Administrators at time of other training events and activities. the community at large. reimbursement request. When can we be reimbursed for hotel/lodging? Overnight lodging at commercial lodging establishments can be paid for when the training site isl located at least 35 miles from the CORE community'sd duty station. Whati is the process to receive reimbursement for training or technical assistance? Once al local government completes thet training and/or receives thei technical assistance for which it received prior approval, it may request reimbursement from the CORE program for actual expenses incurred. To do so, the local government must submit the documents and supporting information requested below. Ani invoice issued by the local government to the N.C. Department of Commerce, Rural Economic Development Division, that references the Creating Outdoor Recreation Economies (CORE) program and includes the total reimbursement amount requested. ACORE Training/lechnical Assistance Expenses Reimbursement form. Documentation ofa actual expenses, as outlined below and in accordance with the Commerce Travel Policy. The types of expenses must be eligible for reimbursement: and coincide withi those shown on the approved CORE Training/Technical Assistance: Support Request form. 177 Alli invoice and all required documentation to support reimbursement must be sent by email to the CORE program administrators within 30 days of the completion of thei training and/or Please note, Ifal local government is not set up as a payee ini the North Carolina Financial System (NCFS), it will need to submit a State of North Carolina Substitute W-91 Form and a Supplier Electronic Payment Form to the North Carolina Office of the State Controller (OSC) bye email at ncfsepay@osc.ncgow To obtain thei forms, see Appendix 20 oft the "Guidelines" or visit the State Suppliers section of the OSC website, htps/wwwsencgovtatesupplers: Please note thatit may take up to. 30 days for the forms to be processed. once they are: submitted to the OSC. Cani non-government staff attend these training opportunities and be eligible for Yes, but thel local government will have to pay the upfront costs for these individuals' to participate and then be reimbursed by the CORE program. Any non-governmenta. individual that receives this training must bei involved with the CORE planning process and/or vital to helping technical assistance. reimbursement? the community advance the plan forward. How longi is this training and technical assistance support available? Allt training and techniçal assistance must be completed, and reimbursements finalized, before We do not anticipate approving any new training ort technical assistance that will require December 31, 2025. payment after the end of the 3rd quarter of 2025. 178 CORE Training/Technical. Assistance Support Pre-Approval Request Form local governmenti ifther request! lacksr requiredi informationo orr needsr more details. NC Rural Planning Program, June 2024 Toseekp prior approvalf forp proposed CORE-relatedt training andt technicale assistance expenses, alocal governmentr mustr respond tot thec questions ont thisf forma ands submiti it, as wella as anyo other required documents, to CORE program administrators atl least 30 days priort top priort tot thec datev whent thet traininga and/ort technical assistancei is scheduledt to! begin. CORE program administrators wil confirm receipt ofther requestf forme andr notifyt thel localg government oft theird decision, viae email, within 10d days oft their receipto ofthef form. CORE program administrators willc communicate witht the Tos submitt thisf form, please savead copy, ando completet thef formi includinga alla applicable fields, Completed pre-approvali forms musth bes senty viae emailt tob botho ofthef following CORE administrators emaila addressesf forr review dmanengmmavansge". andk ksmth@commerce. nc.gov). Pleasei includet thef followingi informationi inthee emails subject) Jine:" "CORE1 Training! Pre-Approval- Town/ County Name". Submittal Date Local Govemment Name Local Govemment Mailing Address Estimated Reimburseable Expenses Summary RegistrationFees Mileage Lodging Meals Technical Assistancel Fees $0.00 $0.00 $0.00 $0.00 $0.00 Total $0.00 Local Government Manager Administrator ContactI Information Name Title Email Start Date Telephone Proposed Training/Technical. Assistancel Dates Proposed Training/Technical Assistancel Description TrainingE Event/Technical Assistance Name Host/ Organizer/ Provider Name End Date Total Days Location (City, State) Event/ /Provider Website Below, briefly describe thep proposed traininga and/ort technical assistance ande explain! howit will helpt thec community with CORE strategyi implementation. Includei informationt thatv willl help CORE administrators to evaluate ther requestf fort training and/or technical assistances support. Estimated Training Registration Fees (if applicable) Registrationf feep perp participant Number ofp participants thaty willr register Totale estimated registrationf fees $0.00 179 CORE Training/Technical. Assistance Support Request Form Proposed Training Participants (ifa applicable) NCI Rural Planning! Program, June 2024 Local Government Staff? Yes No Connectiont tol Local Govemment's CORE Plan/Project electedo ora appointed official, localg govemment staff, etc.) Name Title( (fapplicable) Officialor (e.g, workg group member, plans stakeholder, plani implementation! partner, local govemment Estimated Passenger Vehicle Mileage Expenses (ifa applicable) Reimbursement: shalll bea att theb business uses standardn mileager rates setb byt thel U.S. Internal Revenue Service (IRS): thati isin Estimated Lodging Expenses (fapplicable). -For ovemight! lodgingt to ber reimbursed, thet travel must! bet toad destination! locateda atl least 35 miles fromt thel localg government's administration office (duty station). Reimbursable! lodginge expensesi includet thek lodgingrate (upt tot then maximumr nightly rates specifiedin inthe! N.C. Department of Commerce TravelE Expense Policy thati isi ine effectv whent the effect whent thet travelo occurs. The 20241 mileage ratei is $0.67. Vehiclet tripo distancel between duly stationa.tr trainings site Anticipated number ofv vehicle trips U.S. IRS business use $0.67 Totale estimatedr mileage $0.00 standardr mileage rate (2024) expenses expenses arei incurred) pluss salest taxes, lodgingt taxes, localt taxes, ands servicef feesa appliedt tot thel lodging rate. Nightlyl Lodging Rates- In-s State: $89. 10+ Taxes+ Service Fees Out-of-State:: $105. 20 +7 Taxes Service Fees (Rates effective July 1, 2023) Lodging facility name Number ofr roomsr needed Lodging location Totalnights of lodging needed (alln rooms) Out-of-State! Meals Distancef from duty station Totale estimatedI lodging expenses Website Actuainightly rate, includingt taxes &f fees $0.00 Estimated Meal Expenses (ifa applicable) -Mealr reimbursement musth bei ina accordance witht thes standards ande att ther rates specifiedin int the N.C. Department of Commerce Travel Expense Policyin effecty whent thee expenses arei incurred. Meals arec only reimburseable whena aA participant stays overight. Times of departure andr return tothel local government's adminstration office (duty station) determine whichr meals arer reimbursable. Mealst thata arei includedi inr registration1 fees, conference costs, hotelr registration, etc., mayr not bec duplicatedi ins supportr requests. In-Statel Meals Breakfast Lunch Dinner Breakfast Lunch Dinner $10.10 $13.30 $23.10 $10.10 $13.30 $26.30 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 MealF Reimbursement! Rates Number ofmeals (allp participants) Meal costs (allp participants) Estimated Technical Assistance! Fees (ifa applicable) Technical assistance provider fee(s) (Rates effective. July 1, 2023) Totale estimated meale expenses $0.00 $0.00 180 NEW BUSINESS ITEM 3J Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: Erwin's] Board of Commissioners From: Dylan Eure, Town Planner Date: August 26, 2024 Subject: Updates tol Erwin's Zoning Ordinances Chapter 30- Subdivisions The Staff oft the Town of Erwin wishes to amend its Code of Ordinances to correct issues of conflicting language, and practices throughout the Town of Erwin as well as require sidewalk exactions oft major subdivision developers. These items include the removal ofverbiage relating Amend Chapter 30 Article IV Section 30-107,30-75, Article II Section 30-80 The purpose ofthese amendments is to: remove all language eluding to the creation of additional private streets as our ordinances require any additional home to be fronting a town-maintained toj privately maintained streets and sidewalks. street. 30-107 Proposed amended diction to eliminate the creation of private streets: "Every lot shall front or abut aj public street eraha-haweasessteepabHPEREVAeN piseedhetriw-wwainw A-Thesiseeterdivemweaydeigmesaloasesessbypublesenise B-ApemmanemkeBsmeNlherweaaialamigetyleatowseseméhuidimg C-Pedevelepeswbeirterawkewwweamsenmeppevadstesementwaing "pdaim-erdasea.h--wwty, eipMnetehseremae.wwww deigneandeonsinvsesdieviwpsiwtaawianaasiaoulalg"mgpubieagenses: ighisie-diseentine-seseviserunkes-he-sisterdhneismanainiainedpmepery,and siahiahimgespemsibiliyersesiaingmaineafheyivaee-nsreaFHhe-ses erdrive-shallalsebeinsisielascewenantinarasersefleiserwiSintRe D.-Private-streetand-drivesshel-be-elearly-laeled-private"en-al-plats." Cewimgregeremes: mépabiesietyvehees. eeupants-emdbypabiesericeamdsandsafetyageneies. develepment: 181 30-75 "(B) A minor subdivision is defined as one involving no new public orprivate-streets-er roads, or right-of-way dedication, and no utility extension" 30-80 "Type of street dedication; all streets must be designated either public" erprivate.' " Amend Chapter 30 Article 3 Section 30-77 The purpose of this amendment is to require developers oft major subdivisions toi install ADA- compliant sidewalks along at least one side ofthe entirety of each street created or existing road. ADA-compliant sidewalk along at least one side oft the entirety of each street created by the subdivision Proposed amendment to the list ofitems of major subdivisions: ore existing road. 182 9012 MINUTES CONTINUED FROM AUGUST 26, 2024 Adding both sit-down restaurants and drive-throughs in B-2 and adding to the definition for restaurants. Currently, restaurants fit under the category of service establishments that are entirely contained inside ofal building. Correcting contradictory statements in terms ofs street access. Remove all language eluding to the creation of additional private streets as our ordinances require any additional home tol be fronting a town-maintained street. Requiring greater side setbacks for corner. lot homes within residential districts to ensure visibility throughout residential neighborhoods and toj prevent accidents Updating the definition ofoutdoor storage along with providing additional regulations that will be required for any additional outdoor storage locations Several updates to the amusement amendments, already been heard by the Board. These amendments would clear up language and remove any terms of alcohol per the Board's request. Removing the terms ofa alcohol from the definition would not prevent these establishments from having alcohol but the Town would not be that may occur due to homes blocking visibility. moving forward. endorsing it. ZT-2024-002: Group 1 Split Zoned Properties Town Planner Dylan Eure stated Town Staff did advertise this request for a Public Hearing at our regularly scheduled meeting in September. This request was to rezone 14 parcels to what they were best classified as their current use was. He contacted all property owners and received no negative feedback. All the properties in this request are classified for mixed use in our Land Use Plan. There were some slight increases or decreases in property values, but no changes would The consensus of the Board was to move forward with the Public Hearing at the Regularly place an undue burden on any oft the property owners. Scheduled Board Meeting in September. Turlington Johnson Annexation Town Manager Snow Bowden reminded the Board that we scheduled a Public Hearing for our Regularly Scheduled Meeting in September. This request is the voluntary annexation ofi four parcels off of Avery Road. Town Staffhad received phone calls from the surrounding property owners concerned that the Town was trying to annex them as well. He assured the property The consensus of the Board was to move forward with the Public Hearing at the Regularly owners that was not the case. Scheduled Board Meeting in September. NEW BUSINESS ITEM 3K Erwin Board ofCommissioners REQUEST FOR CONSIDERATION To: Erwin's Board of Commissioners From: Dylan Eure, Town Planner Date: August 26, 2024 Subject: Updates to Erwin's Zoning Ordinances (Chapter 36) The Staff oft the Town of Erwin wishes to amend its Code of Ordinances to correct issues of conflicting language, and practices throughout the' Town of Erwin as well as add items to special and permitted uses. These items include drive-through and sit-down restaurants, street access, Amend Chapter 36. Article X Section 36-272 entitled Permitted principal uses and For the purpose of adding both sit-down restaurants and drive-throughs. Currently, restaurants fit under the category ofs service establishments that are entirely contained inside ofa building. However, since drive-throughs also take payment from outside, the' Town of Erwin could not permit additional drive-throughs nor approve permits to add on any additional. private roads, corner lot setbacks, outdoor storage, and Amusements. structures/ Article II Section 36-34 entitled Definitions. Proposed permitted uses to be added to B-2: Proposed definition of restaurants to be added: Restaurants; drive-throughs and traditional sit-down establishments. As service establishment that prepares and sells food and drinks for thej purpose of consumption. Amend Chapter 36 Article XV Section 36-421. To correct contradictory statements in terms ofs street access. Chapter 36 Article XV Section 36- 421 states "No building shall be erected on a lot which does not abut aj public dedicated street for a distance of at least 50 feet in an R-6 district, 75 feet in R-10 and R-15 districts, and 100 feet in a Rural District. Cul-de-sacs located in R-6, R-10, and R-15 subdivisions must abut a public dedicated street for a distance ofat least 40 feet." However, within Chapter 30 Article 3 Section 30-75 states that "Any subdivision which allows a maximum of3 lots to be created on a5 50-foot easement abutting a state- or town-maintained road which meets the following requirements". Having this verbiage contradicts the amount of street frontage is required as well as makes it challenging for parcels that are limited in their road frontage to be developed. 183 Proposed amended diction of Chapter 36. Article XV Section 36-421: "No building shall be erected on al lot which does not abut aj public dedicated street fora distance of at least 501 feet in R-6, R-10, R-15, RMV, DMV, and RD. Culs-de-sac located within subdivisions must abut aj public dedicated street for a distance ofat least 40 feet. A building in a designed shopping center in a commercial district or a planned project in a residential district may be erected adjoining aj parking area or other dedicated open space used in common with other lots." Amend Chapter 36 Article XXII Section 36-642. The purpose ofthese. amendments is toi remove all language eluding to the creation of additional private streets as our ordinances require any additional home tol be fronting ai town-maintained street. 36-642 Proposed amended diction to eliminate the creation of private streets: "The site-specific development plan shall include the following: (3) The location and dimension of present and proposed streets andprivate-drives, and pedestrian facilities" Amend Chapter 36 entitled Zoning under. Articles IV,V,VI,VI-A,VI, VII-A within The purpose of these amendments is to require greater side setbacks for corner lot homes within residential districts to ensure visibility throughout residential neighborhoods and to prevent Proposed amendment to residential zoning district side setbacks abutting a Right-of-way: RD: minimum required side yard abutting ai right-of-way on corner lots: 24ft R-15: minimum required side yard abutting a right-of-way on corner lots: 20ft R-10: minimum required side yard abutting a right-of-way on corner lots: 20ft RMV: minimum required side yard abutting a right-of-way on corner lots: 15ft R-6: minimum required side yard abutting a right-of-way on corner lots: 16ft DMV: minimum required side yard abutting a right-of-way on corner lots: 15ft Sections 36-81,36-118,3 36-147,36-156, 36-175 and 36-185. accidents that may occur due tol homes blocking visibility. 184 Amend Chapter 36 Article 2 and Article XV entitled Definitions and General Provisions. The purpose oft these amendments is to update the definition ofo outdoor storage along with providing additional regulations that will be required for any additional outdoor storage locations moving forward. Proposed Amended Definition: Outdoor storage means a business in which has storage of goods, equipment, or materials outside of an enclosed building for a period of more than 48 consecutive hours. Outdoor storage shall include vehicles not fori immediate sale and those not considered, junk or abandoned. The term "outdoor storage" does not refer to vehicular sales and rental, licensed vehicles in use by the person occupying the property, or other minor and incidental storage, such as items specifically designed for outdoor use, including lawn furniture, trailers, outdoor grills, dirt for sale, mulch, plants, swing sets, lawn care equipment, all which would not have a negative impact on the health, safety and general welfare of adjacent property owners and land uses. Proposed Outdoor Storage Amended Regulations to be added: (D)Outdoor Storage shall be entirely screened from the public right-of-way, public parking, or adjacent residential development or any other development by an 6ft 100 % visual barrier. Said barrier may bea a chain-linked fence with slats, wood, or buffer vegetation that will grow to be at least 6ft spaced to entirely limit the view of the proposed site. Under no circumstance shall aj plain chain-linked fencel be acceptable. (E)Outdoor Storage shall be located entirely in the rear or side of the development. Amendment to Chapter 36 entitled Zoning under. Article 2, 8, and 11. The purpose oft this amendment is to add Arcades to the list of permitted uses in CB and M-1 districts along with providing a definition. Proposed permitted use to be: added to M-1 and CB: Arcades Proposed definition of arcades: Ane establishment that is tailored to entertainment through forms of arcade games such as but not limited to pinball, air hockey, skee-ball, or any other clectro-mechanical games, but does not include a casino, pool halls, electronic gaming operations, or any form of gambling. 185 Amendment to Chapter: 36 entitled Zoning under Article IV Section 36-78, Article2 The purpose oft these amendments is to add driving ranges to the list of permitted uses within Erwin's Rural District, as well as defining as to what is tol be considered a driving range and additional regulations to ensure surrounding property owners are not damaged. Proposed Permitted use to be added to RD: Article IV Section 36-78 Section 36-34, and Article XV Section 36-440. Driving Ranges Proposed Definition: Article 2 Section 36-34 Ana area equipped with distance markers, clubs, balls, and tees for practicing golft that may also contain a clubhouse, areas for refreshments, or golf equipment sales. The minimum distance from the tees to the end of an open driving area shall bea a The minimum distance may be reduced to 700ft ift the end of the driving area is controlled with ai minimum 50ft net or other form of capture to avoid golfballs from Proposed Regulation: Article XV Section 36-440 minimum of1,000ft. leaving the driving area. Amendment to Chapter 36 entitled Zoning under Articles 2, 8, 10, and 11. The purpose oftl these amendments is to add axe throwing to thel list of permitted uses in B-2, M1, and CB as well as adding a definition for axe throwing within Erwin's Code ofOrdinances. Proposed permitted uses to be added to B-2, M1, and CB: Proposed Definition of an axe throwing facility: Axe Throwing Facility Af facility in which contains at least 3 (three) 12 ft. lanes with each being separated by a minimum 9 ft. tall fencing that is ai minimum of 15ft. long for the purpose oft throwing axes/knives at a designated target for sport and recreation, Amendment to Chapter 36 entitled Zoning under Articles 2, 10, and 11. The purpose of these amendments is to add bowling alleys as a permitted use inl B-2 districts and as as special use in M-1 districts as well as provide a definition for bowling alleys. Proposed permitted uses to be added to B-2: Bowling Alleys 186 Proposed special uses to be added to M1: Proposed definition ofal bowling alley: Bowling Alleys A long narrow track of at least 5 lanes in which balls are: rolled down for thej purpose of knocking down pins for competition or enjoyment. Amendment to Chapter 36 entitled Zoning under. Articles 2, 8, 10, and 11. and CB zoning districts as well as provide a definition for escape rooms. Proposed permitted uses to be added to B-2, M1, and CB: The purpose of these amendments is to add escape rooms to the list ofj permitted uses in B-2, M1, Escape Room Proposed Definition of an escape room: Ab business in which creates rooms where individuals are voluntarily locked in a confined area requiring them to solve a series aj puzzles before a certain amount oft time expires. Amendment to Chapter 36 entitled Zoning under Article 2, 10, and 11. B-2 and M1 zoning. jurisdictions as well as define laser tag. Proposed permitted uses to be added tol M1 and B-2: The purpose oft these amendments is to add laser tag to the list of permitted uses to be added to Laser tag Proposed definition ofl laser tag: Ani indoor recreational shooting sport where individuals use infrared-emitting light guns tot tag designated targets. Amendment to Chapter 36 entitled Zoning under Articles 2, 10, and 11. The purpose oft these amendments is to add pool halls to the list of permitted uses within B-2 and M1 zoning districts as well as defining pool halls. Proposed permitted uses to be added to B-2 and M1: Pooll Hall(s) Proposed definition of a pool hall: 187 An establishment that contains at least 3 or more pool/billiards tables with aj pool table, cues, balls, and racks. Amendment to Chapter 36 entitled Zoning under Articles 2, 8,1 10, and 11. The Purpose of these amendments ist to add rage rooms to the list of permitted uses in B-2, M1, and CB: zoning classifications as well as including a definition ofr rage rooms. Proposed permitted uses to be added to B-2, M1,and CB: Rage Room Proposed Definition ofa rage room: A business in which rents out rooms located within their building for stress reliefand venting anger in which items are destroyed and disposed ofi in a safe and cautionary manner. 188 NEW BUSINESS ITEM: 3L TOWN OF ERWIN Mayor Randy L.) Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson William R. Turnage P.O.) Box 459-1 Erwin, NC: 28339 Ph:910-897-5140- Fax: 910-897-5543 www.erwin-nc.org 2/19/2024 Z1-2024-002 Memorandum Rezoning Description The Town of Erwin Staff wishes to request to rezone ten (10) parcels located off of Moulton Springs Rd and S 13th Sti for the purpose of correcting split zoned parcels and four (4) incorrectly zoned parcels to be entirely under the zoning classification in which is currently being primarily used. Said parcels are as followed... 308 Moulton Springs Rd - Rezone to fulll R-10 HC Tax Pin 0597-51-6406 - Rezone to full R-10 309 Moulton Springs Rd - Rezone to fulll R-6 HC Tax Pin 0597-51-7232- Rezone to full R-6 305 Moulton Springs Rd - Rezone to fulll R-6 203 Moulton Springs Rd -Rezone to full R-6 825 S 13th St -Rezone to fulll R-10 808 S 13th St - Rezone to full B-2 814 S 13th St - Rezone to full R-6 HC Tax Pin 0597-50-9969- Rezone to full B-2 HC Tax Pin 0597-50-9874-Rezone to full B-2 812 S 13th St - Rezone to fulll R-6 201 Moulton Springs Rd- Rezone to full R-6 106 Ennis St- Rezone to full R-10 Property Description 308 Moulton Springs Rd requirements. R-10: 1.77 Acres, 84% R-6:. .33. Acres, 16% Rezone to full R-10 HC Tax Pin 0597-51-6406 Home on Property, no change tol home owner except increase in dimensional 189 No home on Property, only accessory structures for 302 Moulton Springs, no change tol home owner except increase in dimensional requirements. R-10. .55. Acres, 69% R-6. .25 Acres, 31% Rezone to full R-10 309 Moulton Springs Rd home. Home on the Property, B-2 zoning would prevent owners from building onto the B-2. .23 Acres, 64.43% R-6.15. Acres, 35.57% Rezone to full R-6 HC Tax Pin 0597-51-7332 Too small ofaj parcel to develop .05 acres. R-6. .04 Acres, 82.33% B-2.01 Acres, 17.67% Rezone to full R-6 305 Moulton Springs Rd Homes on property, no change to homeowner. Twol Primary Structures on property R-61.01 Acres, 70.42% B-2. .42. Acres, 29.58% Rezone to full R-6 203 Moulton Springs Rd home. B-2. .42. Acres, 95.71% R-6. .02. Acres. 11.9% Rezone to full R-6 requirements. R-103.19Acres, 94.87% B-2.0Acres,.129 R-6.17Acres, 5.01% Rezone to full R-10 B-2. .42. Acres, 95.71% R-6. .02. Acres, 4.29% Rezone to Fulll B-2 HC Tax Pin 0597-50-9969 Business on property R-10: .28. Acres, 27.94% Home on Property B-2: zoning would prevent owners from building onto the 825S13thSt Home on Property, no change to. homeowner, would only increase dimensional 808S13thSt Business location- The Gettin' Place, No change to owner 190 B-2:.73. Acres, 72.06% Rezone to full B-2 HCTax Pin 0597-50-9874 Business on Property B-2: .03 Acres, 6.57% R-6:.37 Acres, 93.43% Rezone to fulll B-2 814S13thSt B-2z zoned while a SFD currently occupies the property Parcel too small to develop o Rezone to fulll R-6 812S13thSt B-2z zoned while a SFD currently occupies the property Parcel too small to develop Rezone to full R-6 201 Moulton Springs Rd Rezone to full R-6 106 Ennis St Rezone to fulll R-10 E B-2 zoned while a SFD currently occupies the property B-2 zoned while a SFD currently occupies the property Findings ofFact Surrounding Land Uses: The surrounding land uses: for all oft the 14 parcels are as followed Conservation to the West B-2 to the East/ /North East R-101 to the North and South R-61 tot the East The requested rezoning from being split zoned is compatible with all oft the Town of Erwin's regulatory documents.. According to Erwin's 2023 Land Use Plan and Erwin's Code of Ordinances the uses defined within the mixed use classification would best serve the above stated parcels. Iti is recommended that this rezoning request be. Approved. Regards, Dylan Eure Town Planner 191 REZONING MAP REQUEST STAFF REPORT Case: Dylan Eure, Town Planner deure@erwin-nc.org ZT-2024-002 Fax: (910)897-5543 Phone: (910)591-4201 Planning Board: 2/19/2024 Town Commissioners: 9/5/2024 The Town of Erwin Staff wishes to request to rezone eight (10) parcels located off ofN Moulton Springs Rd and S 13th St to correct split zoned parcels and four (4) incorrectly zoned parcels tol be entirely under the zoning classification in which is currently being primarily used. Said parcels are as followed... 308 Moulton Springs Rd-1 Rezone to full R-10 HC Tax Pin 0597-51-6406 - Rezone to full R-10 309. Moulton Springs Rd - Rezone to full R-6 HC Tax Pin 0597-51-7232 - Rezone to full R-6 305 Moulton Springs Rd - Rezone to fulll R-6 203 Moulton Springs Rd- -Rezone to full R-6 825 S 13th St -Rezone to fulll R-10 808 S 13ths St - Rezone to fulll B-2 814 S 13th St - Rezone to full R-6 HC' Tax Pin 0597-50-9969- Rezone to full B-2 HC Tax Pin 0597-50-9874-Rezone to fullE B-2 812 S13tSt-1 Rezone to full R-6 201 Moulton Springs Rd- Rezone to fulll R-6 106 Ennis St- Rezone to full R-10 Applicant Information Owners of] Record: Name: Address: City/State/Zip: Name: Address: City/State/Zip: Kimber Group 308 Moulton Springs / Mailing Address PO Box 181 Erwin, NC28339 Margaret Bradshaw HC Tax Pin 0597-51-6406/Mailing Address 302 Moulton Springs Erwin, NC28339 192 Name: Address: City/State/Zip: Name: Address: City/State/Zip: Name: Address: City/State/Zip: Name: Address: City/State/Zip: Name: Address: City/State/Zip: Name: Address: City/State/Zip: Name: Address: City/State/Zip: Name: Address: City/State/Zip: Name: Address: City/State/Zip: Name: Linda Lou Westbrook 3091 Moulton Springs Erwin, NC 28339 Delauriel Deck Matthews HC Tax Pin 0597-51-7232/N Mailing Address 305 Moulton Springs Erwin, NC28339 Delauriel Deck Matthews 305 Moulton Springs Erwin, NC 28339 Sara Collins Tyndall 203 Moulton Springs Erwin, NC: 28339 Dianna Jackson Barefoot 825S13*/Mailing. Address 1434 Neills Creek Rd Erwin, NC28339/Lillington, NC 27546 Edward Neil Parker 808 S 13+/Mailing Address 915S 13th Erwin, NC 28339 Eller Rental Properties 814513"/Mailing. Address PO Box 2228 Erwin, NC28339/Lilington, NC 27546 Kimber Group HC Tax Pin: 0597-50-9969/Maling Address POI Box 181 Erwin, NC28339 Kimber Group HC Tax n0973098//Maling Address PO Box 181 Erwin, NC: 28339 Eller Rental Properties 193 Address: City/State/Zip: Name: Address: City/State/Zip: Name: Address: City/State/Zip: Applicant: Name: Address: City/State/Zip: 812S13-/Mailing. Address PO Erwin, NC 28339/L Lillington, NC John Henry Williams 201 Moulton Springs/Mailing Address 100 B Pope St Erwin, NC 28339 Mason Gordon Pete Mason Dr 28390 Box 2228 27546 106 Ennis St/Mailing Address 55 Erwin, NC 28339/S Spring Lake, NC Town of] Erwin 100 West F St Erwin, NC 28339 Property Description 3081 Moulton Springs Rd Home on Property, no change to home owner except increase in dimensional requirements. R-10: 1.77 Acres, 84% R-6:.33. Acres, 16% Rezone to full R-10 HC Tax Pin 0597-51-6406 Nol home on Property, only accessory structures for 302 Moulton Springs, no change to home owner except increase in dimensional requirements. R-10.55 Acres, 69% R-6.25 Acres, 31% Rezone to full R-10 309 Moulton Springs Rd onto the home. B-2 .23. Acres, 64.43% R-6.15. Acres, 35.57% Rezone to full R-6 HC Tax Pin 0597-51-7332 Home on the Property, B-2 zoning would prevent owners from building Toosmall ofaj parcel to develop .05 acres. 194 R-6. .04 Acres, 82.33% B-2. .01 Acres, 17.67% Rezone to full R-6 305 Moulton Springs Rd Homes on property, no change to homeowner. Twol Primary Structures on property R-61.01 Acres, 70.42% B-2. .42. Acres, 29.58% Rezone to full R-6 203 Moulton Springs Rd the home. B-2. .42. Acres, 95.71% R-6. .02. Acres. 11.9% Rezone to full R-6 Home on Property B-2 zoning would prevent owners from building onto 825S13thSt Home on Property, no change to homeowner, would only increase dimensional requirements. R-103.19Acres, 94.87% B-2. .0Acres,.12% R-6.17Acres, 5.01% Rezone to full R-10 B-2.42 Acres, 95.71% R-6.02. Acres, 4.29% Rezone to Full B-2 808S13thSt Business location- The Gettin' Place, No change to owner 814S13thSt B-2zoned while a SFD currently occupies the property Parcel too small to develop Rezone to full) R-6 HCTax Pin 0597-50-9969 Business on property R-10: .28 Acres, 27.94% B-2:.73. Acres, 72.06% Rezone to full B-2 HCTax Pin 0597-50-9874 Business on Property B-2: .03. Acres, 6.57% R-6: .37 Acres, 93.43% Rezone to full) B-2 812S13thSt B-2 zoned while a SFD currently occupies the property 195 Parcel too small to develop Rezone to full R-6 201 Moulton Springs Rd Rezone to full R-6 106 Ennis St Rezone to full R-10 B-2 zoned while a SFD currently occupies the property B-2 zoned while a SFD currently occupies the property Vicinity Map See Attached Harnett County GIS Image with zoning districts See Attached Harnett County GIS Image without zoning districts Physical Characteristics Site Description: Total of 14 parcels that are approximately .15 miles or 300 yards ofe each other. All parcels that are included have access to Harnett County water and: sewer lines. According to. Harnett GIS there are no wetlands, watersheds, or flood areas within any ofthej parcels discussed. Furthermore according to GIS there are no recorded easements through any ofthe properties. The exact acreage for each of the parcels are as followed. 308 Moulton Springs Rd-2.10 acres HC Tax Pin 0597-51-6406- . .80 acres 309 Moulton Springs Rd -. .36 acres HC Tax Pin 0597-51-7332- - .05 acres 305 Moulton Springs Rd-1.43 acres 203 Moulton Springs Rd-.31 acres 825 S 13th St-3.36 acres 808 S 13th St-. .44 acres 814 S 13th St-. .06 acres HC Tax Pin 0597-50-9969- -1.01 acres HC Tax Pin 0597-50-9874-, .40 acres 812S1 13th St-. .07 acres 201 Moulton Springs - .42 acres 106 Ennis St- .32 acres Conservation to the West B-2 to the East/North East Surrounding Land Uses: The surrounding land uses for all of the 8j parcels are as followed 196 R-10t to the North and South R-6t to the East Services Available Staff] Evaluation Harnett County Water and Sewer are accessible for all properties. The Town of Erwin has requested 14 parcels to be rezoned to correct zoning map conformities to align parcels to a single zoning classification in which fits each parcel best based on their current use. Staff Evaluation community XYes No The IMPACT tot the adjacent property owners and the surrounding community is reasonable, and the benefits oft the rezoning outweigh any potential inconvenience or harm to the Reasoning: The rezoning's are compatible with the surrounding community and would not cause any inconvenience to those within the area. XYes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. Reasoning: According tol Erwin's current Land Use Plan done in 2023 the properties are assigned tol be zoned under mixed use that promotes residential and commercial uses. XYes No The proposal does ENHANCE or maintain the public health, safety, and general Reasoning: The rezoning would correct zoning nonconformities and ensure that clear welfare. uses are defined for the parcels. XYes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. Reasoning: This rezoning request includes 12 parcels all within less than.15 ofai mile between each other. 197 There is a convincing demonstration that all uses Parcels are currently split zoned and by permitted under the proposed district classification rezoning would ensure that their current uses would be in the general public interest and not are permitted. merely in the interest of an individual or small group. YES There is a convincing demonstration that all uses permitted under thej proposed district classification All parcels are designated under thel Erwin would be appropriate in the area included in the 2023I Land use Plan to be either residential proposed change. (When a new district ormixed use. designation is assigned, any use permitted in the district is allowable, sO long as it meets district requirements, and not merely uses which applicants state theyi intendi to make ofthe property involved.) YES There is a convincing demonstration that the The rezoning' 's would not alter the character character of the neighborhood will not be ofthe neighborhood in anyway. Rezoning's materially and adversely affected by any use would ensure clarity for owners and not take permitted in the proposed change. YES away rights that they currently have to their land. The proposed change is in accord with the Land All of the parcels that are included are Development Plan and sound planning principles. designated tol be mixed in the 2023 Erwin YES Land Use Plan for the purposes ofr residential and commercial. Statement of Consistency The requested rezoning from being split zoned is compatible with all of the Town of Erwin's regulatory documents. According tol Erwin's 2023) Land Use Plan and Erwin's Code of Ordinances the uses defined within the mixed use classification would best serve the above stated parcels. Itis recommended that this rezoning'srequest be. Approved. Attachments: ZT-2024-002 Application ZT-2024-002 Memo Harnett County GIS Image with: zoning districts Harnett County GISI Image without zoning districts Adjacent property owner sheets Public notice letter sent to adjacent property owners 198 308 Moulton Springs JVV 604 0 308 312 B2 Erwin HC Tax Pin 0597-51-6406 A4 199 309 Moulton Springs 309 814 217 816 217 HCT Tax Pin 0597-51-7232 200 305 Moulton Springs wil 203 Moulton Springs 201 825S13th E 808S S1 13th 806 803 808 810 202 814S13th 812 814 217 E17 HCTax Pin: 0597-50-9969 814 213 203 HC Tax Pin: 0597-50-9874: 008 107 812S13th 812 814 217 217 204 201 Moulton Springs 1061 Ennis 106 CIDSP 205 308 Moulton Springs DNY 808 h0 308 B2 Erwin HC Tax Pin 0597-51-6406 A14 302 206 309 Moulton Springs 309 814 217 816 217 818 HC Tax Pin 0597-51-7232 207 305 Moulton Springs 18 203 Moulton Springs 203 208 825S13th 808 S 13th 806 808 810 209 814S13th 812 814 217 217 HCTax Pin: 0597-50-9969 217 210 HC Tax Pin: 0597-50-9874: 008 107 812S13th 812 814 217 217 211 201 Moulton Springs 106 Ennis GE 212 NEWI BUSINESS ITEM3M Erwin Board ofCommissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow. Bowden, Town Manager Date: August 26, 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 parcels are aj part ofa aj 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 12j parcels under the same: zoningj 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 tol be voluntary annexed. Ifthey wish to: receive town services for the The four parcels are: non-contiguous sO the process is al little different compared to the process with parcels ofl land that are contiguous. Deputy Town Clerk Katelan Blount has investigated this request. At our regular August Town Board Meeting the Board adopted ai resolution to set the eight parcels in our ETJ they would: need to request tol have them annexed. date oft the public hearing for our September Town Board Meeting. 213 9013 MINUTES CONTINUED FROM AUGUST 26, 2024 CLOSED SESSION Commissioner Blackmon made ai motion to remove the Closed Session from the agenda and was seconded by Commissioner Byrd. The Board voted unanimously. GOVERNING COMMENTS Commissioner Turnage stated with all the rain we have had, 100 East B Street has been flooded. He called Public Works Director Mark Byrd and he appreciated everything he had done tol help including running lines down the pipe. The root ofa a tree int their yard had grown into the pipe and water was being blocked from draining. He asked the Board to go look at the condition of the home. He had met with NCDOT twice about taking the tree down since it was on their right Town Manager Snow Bowden stated that Public Works Director Mark Byrd had contacted Commissioner Nelson stated we. had a major issue in Erwin. We were becoming a junky town. He rode around Erwin on Sunday and everywhere he looked there was. junk and tall grass. He spoke with a lady who even. had someone living in a tent in the neighboring yard. He spoke with the Police Department and Code Enforcement Officer Chris Jones who both told him nothing could be done about it. He stated that the Town needed to set an ordinance prohibiting people Mayor Baker stated that we: may be able to enforce not allowing people to live in tents through ofway but there has not been anything done. NCDOT multiple times about this address. from living in tents, campers, or storage buildings. minimum housing. Commissioner Blackmon agreed with Mayor Baker. Commissioner Nelson stated that the junk cars in people'syards have got to go. He stated Erwin was going to start looking like Sanford and Son. He asked for an update on the development at St Town Manager Snow Bowden stated that Harnett County approved to move forward with the water line, but he had not heard any updates since. He stated he would try to get an update for the Commissioner Byrd stated that he had a conversation with Town Manager Snow Bowden about Womack Drive. He found a culvert and did not understand why it was done that way. Whoever placed the culvert, placed it about a block down the street and all the water dumps onto private property instead of pouring onto HWY 55.It was our responsibility to fix the issue.. All the Town would need to do was open the culvert and we have done all we were required to do. Commissioner Blackmon stated the Town needed tol look at demolishing 210 EI I Street and 403 Commissioner McKoy stated he echoed Commissioner Blackmon. He was happy to see work Matthews Road. Board by the September Board Meeting. East K Street. being done on K Street. MINUTES CONTINUED FROM AUGUST26. 2024 Mayor Baker asked Town Engineer Bill Dreitzler to enlighten the Board on the issue with K Town Engineer Bill Dreitzler informed the Board that the City of Dunn began directional drilling on K Street and did not inform Town Manager Snow Bowden or himself prior to mobilizing. Our consultant was riding by to look at the site and saw the City of Dunn beginning work. Our consultant had requested their engineer's plans to make sure we knew exactly what they were Mayor Baker spoke with Mayor Elmore of] Dunn and was informed of their plans. The City of Dunn's permanent solution was to bore underneath the pipe. He was unaware that two blocks were going to be filled for that length oft time but Mayor Elmore ensured him that the company went door to door to inform all the residents on the street. He expressed his concern about the blocked access to emergency services while the work was being completed. He discussed the City of Dunn requesting an easement at Chicora for their sewer system. He informed Mayor Elmore that before coming into the Town Limits of Erwin, communication must bet there. Commissioner Nelson expressed his concern for parts of Dunn-Erwin Road being washed out. Mayor Baker informed thel Board oft the Grand Opening oft the renovated Walmart. They had a sign as you walked in that said "Thank You Erwin." The Board had been invited to attend on Friday, September 13tha at 9AM. He thanked Commissioner Nelson for his efforts to find Street. doing so it would not conflict with our work on K Street. Town Manager Snow Bowden stated we. had already contacted NCDOT. sponsorship for the concert in September. ADJOURNMENT Commissioner Blackmon made a motion to adjourn at 7:43 P.M. and was seconded by Commissioner Nelson. The Board voted unanimously. MINUTES RECORDED AND TYPED BY LAUREN EVANS TOWN CLERK ATTEST: SS6 Chunte Randy Baker Mayor Lauren Evans NCCMC Town Clerk