Town Board Meeting

THE ERWIN BOARD OF COMMISSIONERS MARCH 2024 REGULAR MEETING THURSDAY, MARCH 7, 2024 @ 7:00 P.M. ERWIN MUNICIPAL BUILDING BOARDROOM AGENDA 1. MEETING CALLED TO ORDER A. Invocation B. Pledge of Allegiance 2. AGENDA ADJUSTMENTS /APPROVAL OF AGENDA 3. CONSENT All items on Consent Agendas are considered routine, to be enacted on one motion without discussion. If a Board member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered under New Business. A. Minutes Regular Workshop on January 22, 2024 (Page 3) B. Minutes Regular Meeting on February 1, 2024 (Page 10) C. Multimodal Transportation Grant (Page 18) D. Al Woodall Park State Grant (Page 19) E. Police Body Cameras Grant (Page 20) F. Updated Job Classification and Grade Schedule (Page 21) G. In Town Planning Board Member Application for Grace Watts (Page 23) 4. PRESENTATION OF MARCH CITIZEN OF THE MONTH 5. OATH OF OFFICE FOR DEPUTY TOWN CLERK (Page 24) 6. RECESS FOR REFRESHMENTS 7. PUBLIC HEARING A. ZT-2024-001 (Page 25) B. Golf Course R-15 Permitted Use Text Amendment (Page 52) C. R.O.W. Maintenance Text Amendment (Page 55) D. Close Bayles Street Extension (Page 58) 8. NEW BUSINESS A. Schedule Budget Workshop (Page 65) 9. PUBLIC COMMENT Each speaker is asked to limit comments to 3 minutes, and the requested total comment period will be 15 minutes or less. Citizens should sign up prior to the start of the meeting. Please provide the clerk with copies of any handouts you have for the Board. Although the Board is interested in hearing your concerns, speakers should not expect Board action or deliberation on the subject matter brought up during the Public Comment segment. Thank you for your consideration of the Town Board, staff, and other speakers. §160A-81.1 10. MANAGER’S REPORT 11. ATTORNEY’S REPORT 12. GOVERNING BODY COMMENTS 13. ADJOURNMENT **IN ACCORDANCE WITH ADA REGULATIONS, PLEASE NOTE THAT ANYONE WHO NEEDS AN ACCOMMODATION TO PARTICIPATE IN THE MEETING SHOULD NOTIFY THE TOWN CLERK AT (910) 591-4202 AT LEAST 48 HOURS PRIOR TO THE MEETING.** 2  ERWIN BOARD OF COMMISSIONERS REGULAR WORKSHOP MINUTES JANUARY 22, 2024 ERWIN, NORTH CAROLINA The Board of Commissioners for the Town of Erwin with Mayor Randy Baker presiding held its Regular Workshop in the Erwin Municipal Building Board Room on Monday, January 22, 2024, at 6:00 P.M. in Erwin, North Carolina. Board Members present were: Mayor Randy Baker, Mayor Pro Tem Ricky Blackmon, and Commissioners Charles Byrd, Timothy Marbell, Alvester McKoy, William Turnage, and David Nelson. Town Manager Snow Bowden, Town Clerk Lauren Evans, Town Attorney Tim Morris, Town Engineer Bill Dreitzler, and Town Planner Dylan Eure were present. Mayor Baker called the meeting to order at 6:00 P.M. Commissioner McKoy gave the invocation. Commissioner Marbell led the Pledge of Allegiance. AGENDA ADJUSTMENT/APPROVAL OF AGENDA Town Manager Snow Bowden requested to remove Item G Updated SRO Reimbursement Agreement from the agenda. Commissioner Turnage made a motion to approve the agenda as amended and was seconded by Commissioner Nelson. The Board voted unanimously. NEW BUSINESS 2023-2024 Street Resurfacing Recommendations Town Engineer Bill Dreitzler stated this recommendation incorporated the PCI (Pavement Condition Index) from the updated Pavement Condition Study completed last year. In the PCI Rating System, 0-25 is considered a very poor street, and 25-65 is poor. Only one street, N 16th Street (from W N Street to the Cul-de-sac), fell in the very poor range and multiple streets fell into the poor range. He made his recommendations for the poor streets by doing a field study and evaluating each road. He was recommending N 16th Street (W N Street to Cul-de-Sac), N 11th Street (E L Street to E H Street), and Duke Street. N 16th had a PCI that ranged from 20.1 to 50.2 with the cul-de-sac section the poorest. N 11th Street had a PCI that ranged from 50 to 51.8. Duke Street had a PCI of 48.7. He stated he will do another evaluation next year but as the street looks right now, E H Street, Don Ron Road, and W N Street are a priority for FY 2024-2025. He 3 MINUTES CONTINUED FROM JANUARY 22, 2024 estimated the total cost for resurfacing would be $139,500 plus any additional cost for patching and pothole repairs. Commissioner Turnage inquired about the amount of money the Town received from Powell Bill. Town Manager Snow Bowden stated the Town received around $150,000. The consensus of the Board was to place this item under Consent on the agenda for our Regularly Scheduled Meeting in February. RFQ- St Matthews Road Town Engineer Bill Dreitzler stated he received the initial draft of a fee proposal from our selected engineer. The project was basically on hold at the moment. A conference call was had prior to the Holidays with four members of the division structure staff to discuss the direction and whether the Town could utilize the engineering firm, bypass the RFQ process, and funnel the money in that direction as long as we made modifications to the water and sewer system to meet the project obligations. The development would extend the water line from East Jackson Blvd up to the first entrance into the development. Part of our scope would be to extend the water line along St Matthews Road all the way up to the connecting street. He was informed that the project sounded good but the Town would have to go through the RFQ process. We received two proposals, Stocks Engineering and Underfoot Engineering. Both proposals were well put together and the difference in his ranking was only by a few points but Stocks Engineering did score higher due to their knowledge of what has been going on with Harnett Regional Water in that area. He then received an email from DWI at the beginning of January stating that the funds had been diverted to Harnett Regional Water. He reached out to them to clarify the confusion and the last correspondence he had received informed him that they were going to have an internal meeting and would be responding back shortly with the Town’s options. Mayor Baker inquired if the Town stood to lose the grant and how much time we had to use the funds. Town Engineer Bill Dreitzler stated he thought the date was December 31st, 2026 but he would verify and inform Town Manager Snow Bowden. Commissioner Blackmon asked if the email stated why the funds were diverted to Harnett Regional Water. Town Engineer Bill Dreitzler stated he was not informed. Town Manager Snow Bowden stated that the Town received the grant originally and he informed the State that the Town did not own the water and sewer lines. The General Assembly would have to do a budget text correction and he felt there was just some internal confusion. Mayor Baker stated that Representative Penny got the Town of Erwin a million dollars to extend the infrastructure line for the project on St Matthews Road. The money was awarded to the Town 4 MINUTES CONTINUED FROM JANUARY 22, 2024 of Erwin and then Harnett County would manage the system. Harnett Regional Water should not be able to just come in a divert the funds to another project outside of the Erwin City Limits. Commissioner Blackmon expressed his concerns about the delays killing the project on St Matthews Road. Town Engineer Bill Dreitzler stated he did not think it would kill the project but he would set up a video conference with the DWI representative to find out our options. He stated he asked in his email whether Harnett County would have to go through the RFQ process again or if they could use the firms we already had. He stated he was still waiting on a response to that question as well. Mayor Baker stated we will contact our State Representative if we must, to ensure this project is funded in the Town of Erwin. BOA-2024-04 The consensus of the Board was to place this item under Consent on the agenda for our Regularly Scheduled Meeting in February. NC DOT ROW Contract Town Manager Snow Bowden stated that this was a standard contract that the Board approves every year. This contract was to reimburse the Town of Erwin for maintaining the NCDOT rights-of-ways in our Town Limits. Mayor Baker verified that the pricing in this contract was good for five years. Town Manager Snow Bowden stated that was correct and that we renew it every year. The consensus of the Board was to place this item under Consent on the agenda for our Regularly Scheduled Meeting in February. Surplus Vehicles The consensus of the Board was to place this item under Consent on the agenda for our Regularly Scheduled Meeting in February. Bayles Street Extension Town Manager Snow Bowden asked for the Board’s blessing prior to taking any action to close an undeveloped section of Bayles Street that extends behind Walmart. The owners of the properties were having issues with a lot of walking traffic, and people walking to Walmart. Once we close the easement, we can return the portion of the land to each property owner so it would 5 MINUTES CONTINUED FROM JANUARY 22, 2024 be considered private property. We would then put “Private Property” signs up and would be able to charge someone with trespassing on private property. In order to have a Public Hearing in March, the Board must adopt a resolution declaring intent. The consensus of the Board was to place this item under Consent on the agenda for our Regularly Scheduled Meeting in February. FAMPO Update Town Manager Snow Bowden stated he attended a FAMPO meeting the week prior and they were still trying to get an MOU put together for the new potential members. He did feel it would be the right move for the Town but there were a few Towns that had pulled out such as the City of Dunn and Linden. Economic Development State Grant Town Manager Snow Bowden stated in the CERRI Report completed in 2022, the idea of the Denim Depot Junction was discussed. The idea was to have spaces for old shipping containers or small buildings to house businesses, a place for food trucks, and a stage to hold concerts. We received a $500,000 grant from the State and are required to provide a scope of work and no overdue tax form. Mayor Baker verified that this grant would not only fund the Denim Depot Junction but also address the current condition of the Depot. Town Manager Snow Bowden stated that was correct. Commissioner Byrd stated we first needed to get the Depot torn down. Commissioner Turnage stated the Erwin Historical Society has agreed to have an architect come look at the Depot. Mayor Baker stated that we had to get the Depot taken care of this year. Commissioner Byrd stated we needed to get a bid to tear it down within 30 days. The consensus of the Board was to place needed forms to move forward with this grant under Consent on the agenda for our Regularly Scheduled Meeting in February. Park Expansion State Grant Town Manager Snow Bowden informed the Board that the Town has a grant of $480,000 and we are required to send a scope of work and no overdue tax form for this grant as well. His original thought was to complete the parking lot expansion that the Board approved a few months ago. We were working on getting the designs completed. 6 MINUTES CONTINUED FROM JANUARY 22, 2024 The consensus of the Board was to place needed forms to move forward with this grant under Consent on the agenda for our Regularly Scheduled Meeting in February. Porter Park Water Resource Grant Town Manager Snow Bowden stated some changes need to be made to the Resolution for the Porter Park Water Resource Grant. He asked the Board, if they saw fit, to approve the Resolution at the Workshop due to the State requiring the Resolution by 1/31/2024. From what he had been told, we had a good chance of getting additional funds from the State to help with an engineering study that would be necessary to complete the CCAP grant project of restoring the stream banks. This study was expected to cost around $18,000 and the grant we were applying for would be $10,000 or 50%. Commissioner Blackmon made a motion to approve the Town of Erwin Board of Commissioners Resolution for the Water Resource Development Grant and was seconded by Commissioner Byrd. The Board voted unanimously. Accessory Building Text Amendment Town Planner Dylan Eure stated this was a text amendment to our accessory use ordinances. Our current ordinance states that “Each accessory structure shall not exceed 40 percent of the total area of the principal structure. At no time shall the total area of accessory use exceed 25 percent of the rear yard”. The proposed amended language was that "Each accessory structure shall not exceed 40 percent of the total area of the side or rear yard”. Mayor Baker ensured that Town Planner Dylan Eure found this Text Amendment to be in line with other municipalities. Mr. Eure stated that was correct. Town Attorney Tim Morris suggested clarifying 40% of the rear or side. The consensus of the Board was to separate the rear and side for clarification, and we would hold a Public Hearing on this item at our Regularly Scheduled Meeting in February. CLOSED SESSION Commissioner Blackmon made a motion to go into Closed Session Pursuant to General Statute 143-318.11(a) (6) for the Purpose of Discussing Personnel at 6:49 PM. and was seconded by Commissioner McKoy. The Board voted unanimously. 7 MINUTES CONTINUED FROM JANUARY 22, 2024 RECONVENED Commissioner Byrd made a motion to go back to regular session at 7:11 PM. and was seconded by Commissioner Nelson. The Board voted unanimously. MANAGER’S REPORT Town Manager Snow Bowden stated he would have a more detailed report for the Board on our Board Meeting but he did want to make the Board aware of a few things. • The lights on Denim Drive were fixed but the lights on H Street are terrible. There was an issue with the wires and Duke Energy ensured the lights would be replaced and fixed by January 29th. • Harnett Regional Water was trying to push the water line Downtown and move it to the front of the stores. He informed them that the Town would not be supporting that project and they were upset. ATTORNEY’S REPORT Town Attorney Tim Morris stated Jim Quick and Coastline Band were a great band. GOVERNING COMMENTS Commissioner Turnage stated two houses on Mason Drive still needed to be demolished. Commissioner Nelson stated there was a pothole on Morgan Street that needed to be addressed. Commissioner Byrd inquired about where we were in the process of repaving Old Post Road and 13th Street. Town Manager Snow Bowden stated he would follow up with NCDOT. Commissioner Byrd asked about the house that the owner was going to allow the Fire Department to burn. He also inquired about what was going on with the building on the corner uptown. Town Manager Snow Bowden stated the owner of the home had a death in the family and he would follow up with him. As for the building on the corner, he was not sure. He emailed them and had not heard back. The owner applied for permits a while back but never went through with their plan and had not applied for anything new at that time. Commissioner Blackmon informed the Board that the Fire Department was about to burn the White House off of 421. Commissioner McKoy asked everyone to keep the families of the people who lost their lives off of HWY 95. Mayor Baker reminded the Board to start thinking about the goals and issues they would like addressed in the coming fiscal year, we will be scheduling our annual Budget Retreat soon. He also asked the board if they would consider having a moderator come into our Budget Retreat. 8 MINUTES CONTINUED FROM JANUARY 22, 2024 The Board was against having a moderator invited to our Budget Retreat. ADJOURNMENT Commissioner Byrd made a motion to adjourn at 7:22 P.M. and was seconded by Commissioner McKoy. The Board voted unanimously. MINUTES RECORDED AND TYPED BY LAUREN EVANS TOWN CLERK ATTEST: ____________________________ _____________________________ Randy Baker Lauren Evans NCCMC Mayor Town Clerk 9  ERWIN BOARD OF COMMISSIONERS REGULAR MINUTES FEBRUARY 1, 2024 ERWIN, NORTH CAROLINA The Board of Commissioners for the Town of Erwin with Mayor Baker presiding held its Regular Meeting in the Erwin Municipal Building Board Room on Thursday, February 1, 2024, at 7:00 P.M. in Erwin, North Carolina. Board Members present were Mayor Randy Baker, Mayor Pro Tem Ricky Blackmon, and Commissioners Timothy Marbell, Charles Byrd, David Nelson, and Alvester McKoy. Board Member absent was Commissioner Turnage. Town Manager Snow Bowden, Town Clerk Lauren Evans, Town Attorney Tim Morris, Finance Officer Katelan Blount, Town Planner Dylan Eure, and Police Chief Jonathan Johnson were present. Mayor Baker called the meeting to order at 7:00 PM. Commissioner McKoy gave the invocation. Commissioner Nelson led the Pledge of Allegiance. AGENDA ADJUSTMENT/APPROVAL OF AGENDA Town Manager Snow Bowden requested to add New Business after Public Comment, Item A: Al Woodall Park Potential Grant. Commissioner McKoy made a motion to approve the agenda as amended and was seconded by Commissioner Blackmon. The Board voted unanimously. CONSENT Commissioner Blackmon made a motion to approve (ITEM A) Minutes of Regular Meeting on January 4, 2024 (ITEM B) 2023-2024 Street Resurfacing Recommendations (ITEM C) BOA-2024-04 (ITEM D) NC DOT ROW Contract (ITEM E) Surplus Vehicles (ITEM F) Bayles Street Extension (ITEM G) No Overdue Taxes Form (ITEM H) Updated Job Classification and Grade Schedule and was seconded by Commissioner McKoy. The Board voted unanimously. PUBLIC HEARING SU-2024-001 Commissioner Byrd made a motion to open the Public Hearing and was seconded by Commissioner Blackmon. The Board voted unanimously. 10 MINUTES CONTINUED FROM FEBRUARY 1, 2024 Town Manager Snow Bowden stated that there were minutes at the Board Members’ seats when the Board approved a similar request for this same area back in 2021. The applicants never broke ground or applied for any permits and their approval expired. Town Planner Dylan Eure came forward and addressed the Board. He stated that the Town of Erwin received a special land use application for Harnett County Tax PIN 0597-77-7438. Coastal Plains Company LLC submitted a special land use application to construct 2 multi-family apartments totaling 48 units to be built. The agenda stated 64 units but there was a last-minute change by the applicants. This parcel of land was 6.68 acres in total area with no existing developments on the property under both B-2 and R-6 zoning. Although the total acreage of the parcel is 6.68 acres, the developer only intended to disturb 5.70 acres for the multi-family project that is zoned under R-6. There was a public sewer easement going through the Southwest corner of the parcel, however, according to the developer's submitted plans, that area was intended to remain undeveloped. The parcel did have both B-2 and R-6 zoning, however, the developer was not developing the area of the parcel that was zoned under B-2 zoning which neighbors East Jackson Blvd. Along East Jackson Blvd all zoning was under B-2 regulation. The other surrounding zoning regulations are all R-6 classifications to the North, East, and West. This parcel was located beside the old Gentry School. Commissioner Byrd verified that 64 units were incorrect. Town Planner Dylan Eure stated that was correct. Commissioner Blackmon asked Town Staff to pull an aerial view up on the Board Room screen. Mayor Baker stated there was another portion of East Jackson Blvd that was included in the previous request. This request was more focused on Maynard Lake Road and removing the developed portion that abuts the property. Commissioner Blackmon verified that the entrance and exit will be coming off of Maynard Lake Road. Town Manager Snow Bowden stated that was correct. Commissioner Byrd inquired whether NCDOT had been contacted regarding the entrance and exit coming off of Maynard Lake Road. He had traffic concerns about its proximity to Triton High School. Town Planner Dylan Eure stated if the project was to move forward, permits would be required. Mayor Baker asked if anyone was present to speak in favor of the request. Applicant and Developer, Wade Duggins of Coastal Plains Company, LLC, came forward and was sworn in by Town Clerk Lauren Evans. Mayor Baker asked Mr. Duggins to explain what he was requesting of the Town Board. Mr. Duggins this was a Special Use Request to construct 48 units. Originally, they were proposing 64 units but changed their minds after speaking with the architect. They were in the early stages of the process and he understood there were questions with NCDOT and that they planned to go the distance with all required permits and procedures. Mayor Baker asked if there was anything else about the project that the Board needed to know. 11 MINUTES CONTINUED FROM FEBRUARY 1, 2024 Mr. Duggins stated that was it. It was so early in the process but they were excited and hopeful. They were in stage one of many stages. Town Planner Dylan Eure had been great to work with and he looked forward to keeping the project going down the road. Commissioner Byrd stated that the Developer needed to ensure they work with NCDOT. Anything that would help the Town of Erwin, he was excited about. Commissioner Blackmon asked if the applicant had spoken with NCDOT at all. Mr. Duggins answered that due to being so early in the process, he had not spoken with NCDOT yet but that was the next step. He understood their concern. Commissioner Blackmon expressed his concern for impacting traffic and the tight fit right there where HWY 421 is and being so close to Triton High School. Mr. Duggins had the idea of putting a turn lane in that area. Commissioner Blackmon stated that NCDOT may require a deceleration lane. Commissioner McKoy inquired about the 1.5 parking spaces per unit. Mr. Duggins stated he planned to apply for a Variance in the near future but at this meeting, he was asking for 2.5 parking spaces per unit. Mayor Baker stated that looking at the case, it was basically the same but he did not believe the Board of Adjustments had the authority to grant, change, or alter the developmental guidelines until there was a real, visible hardship. This request was submitted to us previously for 64 units meeting all the required guidelines for parking. Mr. Duggins stated they could make it work as is but on paper, they were just used to seeing 1.5 or even 2. Mayor Baker stated that the Town Board can approve a Special Use Request but the variance would have to go through the Board of Adjustments. He questioned whether the request even qualified to go before the Board of Adjustments. Commissioner Blackmon stated that it was up to the Board of Adjustments to decide. Mayor Baker asked if Barnes Drive would be utilized. Mr. Duggins stated that he would like to see that happen, but they would go through the process and talk about the possibility. He wanted to get the Special Use approved and then he would begin talking with NCDOT and the Town Planning Department to see what the best route was to take. Full connectivity would be ideal. Commissioner Blackmon stated that utilizing Barnes Drive would certainly help with ingress and egress. Mayor Baker asked if anyone else was present to speak in favor of the request. No one came forward. Mayor Baker asked if anyone else was present to speak in opposition to the request. 12 MINUTES CONTINUED FROM FEBRUARY 1, 2024 No one came forward. Commissioner Blackmon made a motion to close the Public Hearing and was seconded by Commissioner Byrd. The Board voted unanimously. Commissioner Blackmon made a motion in the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that the use requested is listed among the special uses in the district for which the application is made. Reasoning that Multi-family developments require a special use permit. Commissioner Byrd made a motion in the affirmative, seconded by Commissioner Nelson, and unanimously approved by the Board that the requested use is essential or desirable to the public convenience or welfare. Reasoning that approving would increase the amount of affordable housing units in Erwin’s jurisdiction. Commissioner Nelson made a motion in the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that the requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. Reasoning that this tract of land is surrounded by primarily residential land uses. Commissioner Blackmon made a motion in the affirmative, seconded by Commissioner Nelson, and unanimously approved by the Board that the requested use will be in conformity with the Land Development Plan. Reasoning that according to Erwin’s 2023 Land Use Plan this portion of land is in agreeance with residential uses. Commissioner McKoy made a motion in the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that adequate utilities, access roads, drainage, sanitation and/or other necessary facilities have been or are being provided. Reasoning that this site includes stormwater drainage allocation. Along with Harnett Regional Water having both sewer and water accessible for the development. Commissioner Byrd made a motion in the affirmative, seconded by Commissioner Nelson, and unanimously approved by the Board that adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. Reasoning that the applicant would need to obtain a North Carolina Department of Transportation (NCDOT) drive- way permit. Commissioner Nelson made a motion in the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Board of Commissioners. Reasoning that everything is in agreeance with Erwin’s Zoning Ordinances at its current state upon submittal. However, the applicant wishes to have a variance approved altering his requirement for parking. Said variance would allow for 1.5 parking spaces for every unit instead of the required 2.5 per Town Parking Ordinance. Commissioner Blackmon made a motion to recommend that the proposed special use permit application meets all the Findings of Facts in the Affirmative, the proposed amendment is consistent with those documents that constitute the officially adopted land development plan and other applicable plans and to recommend the approval of SU-2024-001 Special Use to construct 2 multi-family apartment buildings with a total of 48 units to be placed at the corner of Maynard 13 MINUTES CONTINUED FROM FEBRUARY 1, 2024 Lake Rd and East Jackson Blvd (HC Tax PIN # 0597-77-7438.000) and was seconded by Commissioner Byrd. The Board voted unanimously. Accessory Building Text Amendment Commissioner Blackmon made a motion to open the Public Hearing and was seconded by Commissioner McKoy. The Board voted unanimously. Town Planner Dylan Eure came forward and addressed the Board. He stated his request came to Town Staff primarily through variances that have been approved for accessory use structures being too large. Our current unamended diction was “Each accessory structure shall not exceed 40 percent of the total area of the principal structure. At no time shall the total area of accessory use exceed 25 percent of the rear yard”. The proposed amended language was as follows "Each accessory structure shall not exceed 40 percent of the total area of the side and/or rear yard”. He compared similar municipalities with similar types of ordinances. Mayor Baker asked if anyone was present to speak in favor of the request. No one came forward. Mayor Baker asked if anyone was present to speak against the request. No one came forward. Commissioner McKoy made a motion to close the Public Hearing and was seconded by Commissioner Byrd. The Board voted unanimously. Commissioner Blackmon made a motion to approve the Ordinance of The Town of Erwin, North Carolina Amending Section 36-419 Accessory Building/Structures Ord 2023-2024: 004 and was seconded by Commissioner Byrd. The Board voted unanimously. PUBLIC COMMENT Mayor Baker stated each speaker is asked to limit comments to 3 minutes, and the requested total comment period will be 15 minutes or less. Citizens should sign up prior to the start of the meeting. Please provide the clerk with copies of any handouts you have for the Board. Although the Board is interested in hearing your concerns, speakers should not expect Board action or deliberation on the subject matter brought up during the Public Comment segment. Thank you for your consideration of the Town Board, staff, and other speakers. Freddie Faircloth of 1100 West E Street came forward and addressed the Board. He expressed his concern with the condition of West E Street. When fiberoptic lines were being installed, they busted a water line and the whole road was like a roller coaster. West E Street was his only way in and out of his residence and his business and he had been dealing with the issue for a year. It was affecting his business as well. Town Manager Snow Bowden stated that he has been working with Cloudwyze and their insurance trying to get it fixed. He finally heard from their insurance representative last month had been fighting back and forth at every turn. Since it was Dunn’s main waterline at Dunn’s Water Plant that Cloudwyze hit, Dunn came out and patched the road but it still needed a lot of work. He sent Cloudwyze a letter he shared with Town Attorney Tim Morris demanding they fix the road. 14 MINUTES CONTINUED FROM FEBRUARY 1, 2024 Commissioner Byrd stated if they could not fix what they tore up, then they could move their stuff out of Erwin. He stated this needed to take priority. Mayor Baker stated the Board would get with Staff to ensure the road would be completed. NEW BUSINESS Al Woodall Park Potential Grant Town Manager Snow Bowden informed the Board that he received notification from Harnett County that the Town of Erwin received a $50,000 grant from the State of North Carolina thanks to Senator Burgin. This grant would be similar to the grant we received last year to resurface the parking lot at Al Woodall Park. The grant would be funneled through Harnett County. He had to send the County a scope of work and he wanted to propose the idea of resurfacing both tennis courts at Al Woodall Park and turning one of the tennis courts into two pickleball courts. The consensus of the Board was to discuss this item at our Regularly Scheduled Workshop on the fourth Monday of the month. MANAGER’S REPORT Town Manager Snow Bowden informed the Board: • The website was up and running. He thanked Town Clerk Lauren Evans for her hard work. We were having technical difficulties that we were trying to work out. • He was waiting to hear back from FAMPO about the potential of having us join them. This was a great opportunity for the Town. We will have more opportunities to apply for funds for sidewalks, and other road improvements. • The Town approved the first six homes in the subdivision located off Bayles Street and Wondertown Drive. It looks like they have started to break ground on the site as of today. We were expecting the developer to apply for permits in the future to build five additional homes on this site in a few months. • We were working with our colleagues at Harnett Regional Water to ensure that the water and sewer infrastructure was installed on St. Matthews Road. He had a pretty good conversation with them and felt like we were on the right track with this project. It did sound like the grant that we were given was turned over to Harnett Regional Water for a project inside our Town Limits. • Town Staff will begin working with the Mid-Carolina Rural Planning Organization to obtain a letter of support for us to apply for a grant from NCDOT to help pay for a bike/ped grant which was a goal identified in our 2023 Land Use Plan. • We will have our second CORE (Creating Outdoor Recreation Economies) meeting on Tuesday, February 13th from 12 PM to 2 PM at Town Hall. • We were still working with the nonprofit organization ECHO (Erwin Churches Helping Others) and helping them grow their organization. They had some big goals this year. One of their goals was to increase their presence in the community with local stakeholders so the Board will probably be hearing more from them soon. 15  MINUTES CONTINUED FROM FEBRUARY 1, 2024 • We were waiting to hear back from the State of NC in regard to the grant that we were awarded for a stormwater management plan. Be prepared for a discussion at our February workshop regarding stormwater. Town Staff was working on improvements to our current plan/system. Once we can issue an RFQ and pick a qualified firm to help us put together a plan we should be able to make other improvements and go after grant opportunities to try and help us improve our system here in Erwin. • True Homes USA was excited to start soon in Erwin. They were ready to break ground soon. • The Erwin Area Chamber of Commerce hired Pamela Collins as their new Chamber Administrator. We welcome her to the Town of Erwin. He thought that she would be a great fit for that organization. • We were hoping to have bids to discuss for the Erwin Community Building bathrooms and the Depot at our February workshop meeting. • Town Staff was working on a plan to start the discussion about an HWY 421 overlay. • We were also trying to find a firm to assist us with an overhaul of our Town Code. • We will probably have more updates for the Board soon. A fiber company by the name of Lumos has reached out to the Town about installing fiber in the Town of Erwin and Harnett County. • The Erwin Area Chamber of Commerce annual banquet will be on Thursday, February 22nd from 6 PM to 8 PM at Milltown Farms. • He and Town Clerk Lauren Evans planned to attend a meeting with our Council of Governments on February 28th and 29th to learn updates to the State of NC Disaster Recovery and Resiliency Financial Training. • He asked all department heads to have their budget requests in by February 15th. We would discuss scheduling our first budget meeting at our February workshop meeting. • We were making progress on the house that was condemned at 301 St. Matthews Road as well. We have not been able to identify the proper heirs. But we have found the proper way to address this issue. We advertised a hearing with the building inspector in February. We should hopefully be able to take action to demolish the house in May of this year if everything goes as planned. Mayor Baker asked for an update on K Street. Town Engineer Bill Dreitzler stated our consultant was waiting on Dunn to finish showing their waterlines and then they will send their surveyor crew to incorporate it into the plan. They were considering boring rather than open cut which would be a positive for an expensive solution. Town Manager Snow Bowden stated he would send the quote to Representative Penny for assistance. Town Engineer Bill Dreitzler stated he had received the full set of construction plans for additional parking at Al Woodall Park. He hoped to put those out for bid in the next few weeks. ATTORNEY’S REPORT Town Attorney Tim Morris thanked the Board for allowing him to be their Town Attorney. 16 MINUTES CONTINUED FROM FEBRUARY 1, 2024 GOVERNING COMMENTS Commissioner Byrd stated he encountered a problem concerning burning permits. The Board instructed Town Manager Snow Bowden to contact the Town of Lillington in regard to their open burn policy. Commissioner Nelson expressed his concern about a pothole on Morgan Street. Mayor Baker thanked Town Staff for the wonderful job they were doing. He thanked the Police Department. He was proud of our new website. ADJOURNMENT Commissioner Byrd made a motion to adjourn at 7:51 P.M. and was seconded by Commissioner Nelson. The Board voted unanimously. MINUTES RECORDED AND TYPED BY LAUREN EVANS TOWN CLERK ATTEST: ____________________________ _______________________________ Randy Baker Lauren Evans, NCCMC Mayor Town Clerk 17  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 www.erwin-nc.org Ricky W. Blackmon Commissioners RESOLUTION ENDORSING THE TOWN OF Alvester L. McKoy ERWIN’S APPLICATION FOR THE NCDOT Timothy D. Marbell MULTIMODAL PLANNING TRANSPORTATION Charles L. Byrd GRANT David L. Nelson 2023-2024—003 William R. Turnage WHEREAS, the North Carolina Department of Transportation (NCDOT) has established a Multimodal Transportation Planning Grant which provides funding to projects that will result in comprehensive local bicycle and pedestrian plans while taking consideration for the Harnett Area Rural Transit System; and WHEREAS, the Town of Erwin has expressed a desire to apply for funding through the NCDOT Multimodal Transportation Planning Grant Initiative; and WHEREAS, in order to be selected the Town of Erwin must agree to take place in NCDOT’s Multimodal Implementation Program requiring Erwin to provide updates on the implementation of the plan; and WHEREAS, the Erwin Board of Commissioners believes that it is in the best interest of the residents within the Town of Erwin to apply to be considered as a possible receipt of the Multimodal Transportation Planning Grant Initiative; THEREFORE, BE IT RESOLVED that the Board of Commissioners from the Town of Erwin endorses the application to be a recipient of the NCDOT Multimodal Transportation Planning Grant. ADOPTED, this the 7th day of March, 2024. _____________________________ Randy Baker Mayor ATTEST: ______________________________ Lauren Evans, NCCMC Town Clerk 18  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 7, 2024 Subject: Al Woodall Park State Grant The Town of Erwin is receiving a $50,000 grant from the State of North Carolina, thanks to our Senator Jim Burgin. Just like the grant last year, the funds are being funneled through Harnett County, and they must serve a public purpose. One of the goals in our 2023 Land Use Plan is to continue to maintain and improve our existing parks. One request that I hear all the time is that we need pickleball courts at Al Woodall Park. We have two tennis courts at Al Woodall Park that are in serious need of repair. We would like to resurface both of these courts and turn one of the tennis courts into two separate pickleball courts. Town Staff believes that this is one of the best and quickest projects we can get going with these funds (similar to the parking lot improvements last year). If you are not familiar with pickleball, it is the fastest-growing sport in America at the moment. I feel pretty confident in saying that these courts would be used if we move forward with this project. We would like to keep one of the tennis courts because people still use them. Town Staff believes that we could do this project for $65-70K. 19  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 7, 2024 Subject: Police Bodycams Chief Johnson has submitted a request for funds to purchase new body cams for our officers in the Erwin Police Department in the upcoming Fiscal Year. Both Chief Johnson and I believe it is very important for our officers to have body cams. Chief Johnson has found a grant that is available for rural law enforcement agencies that the Town of Erwin qualified for. It does require an “in-kind” match. The maximum amount that we can apply for is $28,000. The Town would like to apply for funds of $28,000 for this grant program. We can use town personnel administrative hours (ie. reviewing body cam footage by supervisors) towards meeting our “in- kind” match so it should not be an issue meeting this requirement. 20  Town of Erwin Job Classification and Grade 2023-2024 AMENDED 3/7/2024 Departments Number of Positions Grade Administration Town Manager 1 31 Finance Director 1 21 Town Clerk/Human Resources Director 1 18 Finance Officer/Deputy Clerk 1 15 Part-Time Payroll Administrator 1 Planning Town Planner 1 19 Code Enforcement Officer 1 17 Police Police Chief 1 25 Lieutenant 1 19 Investigator/Community Officer 2 18 Patrol Sergeant 2 17 Senior Patrol Officer 2 15 Patrol Officer 6 14 School Resource Officer 2 14 Part-Time Patrol Officers 6 Records Clerk 1 12 Cadet 2 21 Public Works (Administration, Streets Sanitation, Storm Water Public Works Director 1 23 Mechanic/Crew Leader 1 12 Maintenance Worker 1 7 Heavy Equipment Operator (Sanitation) 1 12 Heavy Equipment Operator (Street) 1 12 Part-time Varies Parks and Recreation Parks & Recreation Director 1 21 Athletic Program Director 1 15 Park Maintenance Specialist 1 10 Part-time Varies 22 23  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 Ricky W. Blackmon www.erwin-nc.org Commissioners Alvester L. McKoy OATH Timothy D. Marbell Charles L. Byrd David L. Nelson NORTH CAROLINA William R. Turnage HARNETT COUNTY TOWN OF ERWIN "I, KATELAN BLOUNT, DO SOLEMNLY SWEAR (AFFIRM) THAT I WILL I SUPPORT AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES; AND THE CONSTITUTION AND LAWS OF NORTH CAROLINA NOT INCONSISTENT THEREWITH; AND THAT I WILL FAITHFULLY PERFORM THE DUTIES OF THE OFFICE OF DEPUTY TOWN CLERK, ON WHICH I AM ABOUT TO ENTER, ACCORDING TO MY BEST SKILL AND ABILITY; SO HELP ME GOD.” ___________________________________ KATELAN BLOUNT SWORN TO AND SUBSCRIBED BEFORE ME THIS THE 7TH DAY OF MARCH, 2024. ____________________________________ LAUREN EVANS, NCCMC TOWN CLERK 24 Public Hearing Item 7A Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 7, 2024 Subject: ZT-2024-001 The Town of Erwin has received a rezoning request for a vacant parcel located off of Hog Heaven Lane. The parcel is a vacant and does not have an address. The vacant parcel can be identified by its Harnett Count Tax PIN # 1506-15-0948.000. The parcel is currently split zoned • R-15- 15.55 acres (53.27%) • Rural District (RD) 13.64 acres (46.73%) The applicant has requested that this parcel be fully rezoned to Rural District (RD). The Planning Board has recommended that his rezoning request be approved. As with any rezoning request you have to consider all of the permitted uses in the district that it would change to if the rezoning request is approved. This parcel is already partially zoned RD, the applicant seeks to use this parcel for a land use that would fall under the category of a public facilities. Public facilities are not allowed in our R-15 Zoning in District. RD Sec. 36-77. - Intent. This district is established to promote low-density residential and agricultural uses. The regulations of this district are intended to protect the agricultural sections of the community from an influx of uses likely to render them undesirable for farms and future development and to ensure that residential developments dependent on private wells and septic tanks will occur at sufficiently low densities to ensure a healthful environment. (Code 1977, § 9-4024.1) 25 Sec. 36-78. - Permitted principal uses and structures. The following are permitted principal uses and structures: (1)Single-family dwellings. (2)Farms and agricultural uses for crop and livestock production. Note: A farm shall not be construed to include commercial poultry and swine production, cattle feed lots, and fur-bearing animals. (3)Family care home. (4)Religious uses, including churches and other places of worship, religious education buildings and parish houses. (5)Municipal facilities. (6)Manufactured Class A homes on individual lots. (7)Customary home occupations. (8)Equine stables (private or commercial use). Only applicable in the Planning Zone. Equine stables are not permitted inside town limits. (9)Day care centers, day nurseries, preschools, and similar uses. Day care centers, day nurseries, preschools, and similar uses may not be located within a 300-foot radius measured from the center of the property of another day care center, day nursery, preschool, or similar use.( 10) Public facilities. 26  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 www.erwin-nc.org Ricky W. Blackmon Commissioners Alvester L. McKoy 03/07/2024 Timothy D. Marbell Charles L. Byrd David L. Nelson ZT-2024-001 William R. Turnage Memorandum Rezoning Description The Town of Erwin has received a request to rezone a piece of property located by its Harnett County Tax Pin: 1506-15-0948 off of Hog Heaven Lane within the Town of Erwin’s planning jurisdiction but not within the Town’s corporate limits. Currently this parcel is split zoned between R-15 and RD. With R-15 occupying approximately 15.55 acres or 53.27% of the property, and RD occupying approximately 13.67 acres or 46.73% of the property. Said petition would rezone the above parcel to be entirely under RD zoning classification. Property Description A single vacant parcel totaling 29.19 acres located off of Hog Heaven Rd within Erwin’s planning jurisdiction approximately .35 of a mile south of town limits. According to Harnett County GIS no water or sewer lines are accessible through the property. Property is within both watershed HUC8 and HUC12 which will require approval from North Carolina’s Department of Environmental Quality prior to development taking place. Otherwise the property is not within a flood zone or wetland. The surrounding land uses are R-15 to the North and to the West with RD being South and East of the parcel. According to the deed associated with the property there are two tracts that are listed with tract 1 being in the ownership of Donnie Hamilton and tract 2 being in the ownership of Ronnie Hamilton. The parcel that is being petitioned to be rezoned is tract 1 Findings of Fact The requested rezoning from being split zoned with R-15 and RD to entirely with RD classification is compatible with all of 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 RD zoning classification would best serve the above stated parcel. Regards, Dylan Eure Town Planner 27 28 29 30 31 32 33 34 35 36  REZONING MAP REQUEST STAFF REPORT Case: ZT-2024-001 Dylan Eure, Town Planner deure@erwin-nc.org Phone: (910) 591-4201 Fax: (910) 897-5543 Planning Board: 2/19/2024 Town Commissioners: 03/07/2024 The Town of Erwin has received a request to rezone a parcel located by its Harnett County Tax Pin 1506-15-0948. Currently this parcel is split zoned between R-15 and RD. With R-15 occupying approximately 15.55 acres or 53.27% of the property, and RD occupying approximately 13.67 acres or 46.73% of the property. Said petition would rezone the above parcel to be entirely under RD zoning classification. Applicant Information Owner of Record: Name: Carl & Becky Hamilton Address: 687 Hog Heaven Ln City/State/Zip: Dunn, NC 28334 Applicant: Name: Carl & Becky Hamilton Address: 687 Hog Heaven Ln City/State/Zip: Dunn, NC 28334 Property Description Harnett County Tax Pin #1506-15-0948 Vicinity Map • See Attached Harnett County GIS Image with zoning districts • See Attached Harnett County GIS Image without zoning districts Physical Characteristics Site Description: A single vacant parcel totaling 29.19 acres located off of Hog Heaven Rd within Erwin’s planning jurisdiction approximately .35 of a mile south of town limits. According to Harnett 37 County GIS no water or sewer lines are accessible through the property. Property is within both watershed HUC8 and HUC12 which will require approval from North Carolina’s Department of Environmental Quality prior to development taking place. Otherwise the property is not within a flood zone or wetland. According to the deed associated with the property there are two tracts that are listed with tract 1 being in the ownership of Donnie Hamilton and tract 2 being in the ownership of Ronnie Hamilton. The parcel that is being petitioned to be rezoned is tract 1. Surrounding Land Uses: The surrounding land uses are R-15 to the North and to the West with RD being South and East of the parcel. Services Available • No water or sewer lines run by property. Staff Evaluation The applicant has requested to have a single split zoned parcel between R-15 and RD zoning classifications to be entirely under the RD. Staff Evaluation X Yes No The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community • Reasoning: The rezoning is compatible with the surrounding community and would not cause any inconvenience to those within the area. X Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. • Reasoning: According to Erwin’s current Land Use Plan done in 2023 the property is assigned to be zoned as an suburban area. X Yes No The proposal does ENHANCE or maintain the public health, safety, and general welfare. • Reasoning: The rezoning would allow for additional developments on property that are currently not allowed due to the parcel being split zoned. X Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. • Reasoning: This rezoning request includes a single parcel to be rezoned to be completely zoned under RD. 38  There is a convincing demonstration that all uses Parcel is currently split zoned making it permitted under the proposed district classification challenging to develop. By rezoning to be would be in the general public interest and not entirely under the RD zoning classification it merely in the interest of an individual or small would allow for all permitted uses under said group. YES zoning district to occur. There is a convincing demonstration that all uses permitted under the proposed district classification The rezoning would place the entire parcel would be appropriate in the area included in the under RD and all permitted uses along with proposed change. (When a new district it. Furthermore, the parcel is not within designation is assigned, any use permitted in the corporate limits of the Town. district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) YES There is a convincing demonstration that the The parcel is currently split zoned under character of the neighborhood will not be both RD and R-15 zoning classification. materially and adversely affected by any use This would ensure all RD classification and permitted in the proposed change. YES uses on the parcel. The proposed change is in accord with the Land The Erwin 2023 Land Use Plan has this Development Plan and sound planning principles. parcel of land to be zoned under suburban YES classifications and by the rezoning would solve the issue of being split zoned. Statement of Consistency The requested rezoning from being split zoned with R-15 and RD to entirely with RD classification is compatible with all of 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 RD zoning classification would best serve the above stated parcel. It is recommended that this rezoning request be Approved. Attachments: • ZT-2024-001 Application • Harnett County GIS Image with zoning districts • Harnett County GIS Image without zoning districts • Adjacent property owner sheet 39  Harnett GIS NOT FOR LEGAL USE Harnett County GIS ² Flood Map Index Easements Watershed HUC12 RD County Boundary Other Zoning Districts ETJ Boundary Address Numbers Parcels R15 GIS/E-911 Addressing RoadCenterlines Watershed HUC8 RA-30 0 165 330 660 January 24, 2024 40 Feet  Harnett GIS NOT FOR LEGAL USE Harnett County GIS ² Flood Map Index RoadCenterlines Watershed HUC12 County Boundary Easements Address Numbers Other GIS/E-911 Addressing County Water Mains Parcels 0 165 330 660 January 24, 2024 41 Feet 6 - 36 Watershed HUC8  John Smith Jr Carl Donnie & Becky P Hamilton 1174 Old Hamilton Rd 687 Hog Heaven Ln Dunn, NC 28334 Dunn, NC 28334 Carl Ronnie & Debra Lynn Hamilton Carl R. & Debra Hamilton 473 Hog Heaven Ln 473 Hog Heaven Ln Dunn, NC 28334 Dunn, NC 28334 Carl Hamilton Jr Heirs Sharon & Stephen Lewis 2628 NC HWY 82 1057 Hudsontown Rd Dunn, NC 28334 Dunn, NC 28334 Kevin Jacob Lee Anchor Properties of Raleigh 383 Hinson Rd 503 Wrennstone Ct Dunn, NC 28334 Apex, NC 27529 Edwin Frankie Harant Larry & Roxanne Baird 111 Lavendale Ln 135 Lavendale Ln Dunn, NC 28334 Dunn, NC 28334 Don Davis Trustee & Antioch Pentecostal Robert & Melody Jenkins Free Will 114 Lavendale Ln PO Box 2005 Dunn, NC 28334 Dunn, NC 28334 Shirley B Matthews 2016 Rice Rd Sanford, NC 27330 42 43  NOTICE OF PUBLIC HEARING The Town of Erwin Board of Commissioners will conduct a Public Hearing on the following item pursuant to NC General Statute 160D-406, on Thursday, March 7, 2024, at 7:00 P.M. in the Erwin Municipal Building Board Room located at 100 West F Street, Erwin, NC 28339. Questions can be addressed to the Town Manager Snow Bowden at 910-591-4200 or by email at townmanager@erwin-nc.org. • Case ZT-2024-001: Request to have a split-zoned parcel located off of Hog Heaven Lane rezoned from R-15 and RD to entirely Rur- al District (RD). The property can be identified by its Harnett County Tax PIN # 1506-15-0948.000. • Text Amendment to Chapter 36 Zoning, Section 36-115 Permitted uses and structures under Article 5 Residental (R-15) and Article 2 Definitions in the Town of Erwin Code of Ordinances. • Text Amendment to Chapter 12 Environment, Article IV Weeds, Hedges, Tall Grass and Other Vegetation, Section 12-92 Definition in the Town of Erwin Code of Ordinances. • A request to consider permanently closing an undeveloped sec- tion of Bayles Street that extends from the parcel that the Walmart is located on currently. This case is available for review at the Erwin Town Hall. All persons 44 desiring to be heard either for or against the proposed items set forth above are requested to be present at the above-mentioned time and place. 2/20,27/2024 45 ZT-2024-001 Statement-of-Consistency The requested rezoning from being split zoned with R-15 and RD to entirely with RD classification is compatible with all of 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 RD zoning classification would best serve the above stated parcel. It is recommended that this rezoning request be Approved. Randy Baker Mayor Lauren Evans Town Clerk 46 ZT-2024-001 Statement-of-Inconsistency The requested rezoning from being split zoned with R-15 and RD to entirely with RD classification is not compatible with all of 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 RD zoning classification would not best serve the above-stated parcel. It is recommended that this rezoning request be Not Approved. Randy Baker Mayor Lauren Evans Town Clerk 47  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 Ricky W. Blackmon www.erwin-nc.org Commissioners Alvester L. McKoy ORDINANCE FOR MAP AMENDMENT CASE # ZT-2024-001 Timothy D. Marbell AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE Charles L. Byrd FROM SPLIT ZONED RESIDENTIAL (R-15) David L. Nelson AND RURAL DISTRICT (RD) TO ENTIRELY William R. Turnage RURAL DISTRICT (RD) PER ZONING ORDINANCE ARTICLE XXIII FOR HARNETT COUNTY PIN 1506-15-0948. ORD 2023-2024: 005 Per Chapter 36 Zoning, Article XXIII, Changes and Amendments, Harnett County PIN 1506-15-0948.000 owned by Donnie Carl Hamilton and Becky P Hamilton has been rezoned to Rural District (RD), Case # ZT-2024-001. 48 49 50 Adopted this the 7th day of March 2024. _______________________________ Randy Baker, Mayor ATTEST: _____________________________ Lauren Evans, NCCMC Town Clerk 51 Public Hearing Item 7B Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 7, 2024 Subject: Golf Course R-15 Permitted Use Text Amendment Town Staff has prepared a text amendment to our Town Code. The proposed text amendment would add golf courses as a permitted use in our R-15 Zoning District. The proposed text amendment also includes a definition of a golf course. The Planning Board has recommended this text amendment for approval. Proposed permitted uses to be added to R-15: • Golf courses Proposed definition of a golf course: • An area of land laid out for golf with a series of 9 to 18 holes varying from 100 to 600 yards with each including a tee, fairway, putting greens, bunkers and that may contain clubhouses, areas for refreshment, or golf equipment sales. 52  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 Ricky W. Blackmon www.erwin-nc.org Commissioners Alvester L. McKoy Timothy D. Marbell ORDINANCE OF THE TOWN OF ERWIN, NORTH CAROLINA Charles L. Byrd AMENDING SECTION 36-34 DEFINITIONS AND David L. Nelson SECTION 36-115 PERMITTED USES AND STRUCTURES William R. Turnage ORD 2023-2024: 006 WHEREAS, the current language of Section 36-34 Definitions and Section 36-115 Permitted Uses and Structures reads: Sec. 36-34 – Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Sec. 36-115. - Permitted uses and structures. The following are permitted uses and structures: (1) Single-family dwellings. (2) Municipal facilities. WHEREAS, the Town of Erwin wishes to amend the current language of the same and add dictation to Section 36-34 Definitions in order to better reflect the desired development within the Town’s Planning Jurisdiction; and WHEREAS, the Town of Erwin wishes to amend the current language of the same to read: Sec. 36-34 – Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Golf Course is an area of land laid out for golf with a series of 9 to 18 holes varying from 100 to 600 yards with each including a tee, fairway, putting greens, bunkers and that may contain clubhouses, areas for refreshment, or golf equipment sales. Sec. 36-115. - Permitted uses and structures. The following are permitted uses and structures: (1) Single-family dwellings. (2) Municipal facilities. (3) Golf Courses 53 NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Town of Erwin, North Carolina that the current language as herein found with respect to Section 36-34 Definitions and Section 36-115 Permitted Uses and Structures of the Town Code is stricken where indicated by strikethrough lines and includes such language as herein indicated by bold print. Adopted this 7th day of March 2024. ATTEST: __________________________ __________________________ Randy Baker Lauren Evans, NCCMC Mayor Town Clerk 54 Public Hearing Item 7C Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 7, 2024 Subject: R.O.W Maintenance Text Amendment Town Staff has prepared a text amendment to our Town Code. The proposed text amendment would add language to a section of our Town Code in regards to weeds, hedges, tall grass and other vegetation. It clears up who is responsible for maintaining the right-of-way. Current language: (7) Hedges or dense, thorny shrubs extending into the public right-of-way Proposed language: (7) Hedges, dense thorny shrubs, weeds, grass, brush, poisonous vegetation or any other overgrown / dead vegetation as defined in items (1),(3), and (4) of Section 12-92. of this article extending into the public right-of-way to the edge of the street 55  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 Ricky W. Blackmon www.erwin-nc.org Commissioners Alvester L. McKoy Timothy D. Marbell ORDINANCE OF THE TOWN OF ERWIN, NORTH CAROLINA Charles L. Byrd AMENDING ARTICLE IV. – WEEDS, HEDGES, TALL GRASS David L. Nelson AND OTHER VEGETATION: SECTION 12-92- DEFINITIONS William R. Turnage ORD 2023-2024: 007 WHEREAS, the current language of Article IV. – Weeds, Hedges, Tall Grass And Other Vegetation: Section 12-92. - Definitions reads: ARTICLE IV. - WEEDS, HEDGES, TALL GRASS AND OTHER VEGETATION Sec. 12-92. - Definitions. Weeds and nuisance vegetation under this article shall include the following which may occur on any lot within the corporate limits of the town: (1) Weeds or vegetation allowed to grow to a height greater than 12 inches on the average, or any accumulation of dead weeds, grass or brush, on any lot regardless of size and whether developed or undeveloped, or on any occupied or unoccupied lot or land less than one acre in area excluding wooded areas, that may provide safe harborage for rats, mice, snakes, and other vermin; (2) Any dead, diseased, infested or dying tree or shrub on any property so near to a street, public right-of-way or a public utility easement as to constitute a danger to street trees, public utility services' streets, sidewalks, vehicle travel, persons or property other than that of the owner of the tree; (3) Vegetation which creates a nuisance by its existence (i.e., poison ivy, kudzu); (4) Dead or dying trees or plants which may cause a hazardous situation if they fall; (5) Vines or climbing plants growing into or over any street tree, fire hydrant, pole, utility wire or electrolier; (6) Branches, roots, trees, shrubs or foliage that interfere with visibility on, illumination of, or the free, safe, or undamaged use of, or access to or along any portion of any public street or sidewalk; (7) Hedges or dense, thorny shrubs extending into the public right-of-way; (8) Branches of trees that extend within eight vertical feet from any portion of a public sidewalk or within 14 vertical feet from any portion of a public street. WHEREAS, the Town of Erwin wishes to amend the current language of the same and add dictation to Section 36-34 Definitions in order to better reflect the desired development within the Town’s Planning Jurisdiction; and WHEREAS, the Town of Erwin wishes to amend the current language of the same to read: 56 ARTICLE IV. - WEEDS, HEDGES, TALL GRASS AND OTHER VEGETATION Sec. 12-92. - Definitions. Weeds and nuisance vegetation under this article shall include the following which may occur on any lot within the corporate limits of the town: (1) Weeds or vegetation allowed to grow to a height greater than 12 inches on the average, or any accumulation of dead weeds, grass or brush, on any lot regardless of size and whether developed or undeveloped, or on any occupied or unoccupied lot or land less than one acre in area excluding wooded areas, that may provide safe harborage for rats, mice, snakes, and other vermin; (2) Any dead, diseased, infested or dying tree or shrub on any property so near to a street, public right-of-way or a public utility easement as to constitute a danger to street trees, public utility services' streets, sidewalks, vehicle travel, persons or property other than that of the owner of the tree; (3) Vegetation which creates a nuisance by its existence (i.e., poison ivy, kudzu); (4) Dead or dying trees or plants which may cause a hazardous situation if they fall; (5) Vines or climbing plants growing into or over any street tree, fire hydrant, pole, utility wire or electrolier; (6) Branches, roots, trees, shrubs or foliage that interfere with visibility on, illumination of, or the free, safe, or undamaged use of, or access to or along any portion of any public street or sidewalk; (7) Hedges or dense, thorny shrubs extending into the public right-of-way; Hedges, dense thorny shrubs, weeds, grass, brush, poisonous vegetation or any other overgrown / dead vegetation as defined in items (1),(3), and (4) of Section 12-92. of this article extending into the public right-of-way to the edge of the street; (8) Branches of trees that extend within eight vertical feet from any portion of a public sidewalk or within 14 vertical feet from any portion of a public street. NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Town of Erwin, North Carolina that the current language as herein found with respect to Article IV. – Weeds, Hedges, Tall Grass And Other Vegetation: Section 12-92. - Definitions of the Town Code is stricken where indicated by strikethrough lines and include such language as herein indicated by bold print. Adopted this 7th day of March 2024. ATTEST: __________________________ __________________________ Randy Baker Lauren Evans, NCCMC Mayor Town Clerk 57 Public Hearing Item 7D Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 7, 2024 Subject: Bayles Street Extension Close This section of Bayles Street was never developed and extends to the parcel that the Wal-Mart is located on currently. As we all know the Wal-Mart is in the City of Dunn corporate limits. There would never be a need to develop this section of the undeveloped road. On May 3, 2023 there was a subdivision recorded that subdivided the two existing parcels at 608 and 610 Wondertown Drive. Before this subdivision was recorded there were some potential ingress/egress concerns Town Staff had. Town Staff wishes to close this easement and return the portion of the land to each property owner so it will be considered private property. Once it returns to private property we believe that we can better monitor the area. Any problem traffic we get from Wal-Mart would be considered trespassing since they would be on private property. Attachments: • NCGS 136-96 • Harnett County GIS image • Intent to Close Resolution Adopted February 1, 2024 58 59 60  Harnett GIS NOT FOR LEGAL USE Close easement Harnett County GIS ² County Boundary RoadCenterlines City Limits Parcels Address Numbers GIS/E-911 Addressing 0 40 80 160 November 16, 2023 61 Feet  Ronald & Andrea Delease 612 Wondertown Dr Erwin, NC 28339 Tila Karpen & Shloma Landau 610 Wondertown Dr Erwin, NC 28339 Sybil W. Pope 2275 Big Landing Dr Little River, SC 29566 62 63  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 Ricky W. Blackmon www.erwin-nc.org Commissioners Alvester L. McKoy TOWN OF ERWIN RESOLUTION Timothy D. Marbell ORDERING THE FOLLOWING STREET CLOSED: Charles L. Byrd David L. Nelson AN UNDEVELOPED SECTION OF BAYLES STREET William R. Turnage 2023-2024—004 WHEREAS, the section of Bayles Street for closing is an undeveloped easement 220 feet in length by 35 feet in width, located between 610 and 612 Wondertown Drive and extending to the parcel where Wal-Mart is currently located. WHEREAS, the procedure for closing streets that is set out in North Carolina General Statutes, Section 160A-299 has been followed and the Erwin Board of Commissioners first adopted a resolution declaring an intent to consider closing the street, and calling for a public hearing on the question; and WHEREAS, as said statute further requires, the resolution has been published once a week for successive weeks prior to the hearing, and a copy thereof has been sent by registered or certified mail to all owners of property adjoining the street as shown on the county tax records and a notice of the closing and public hearing has been prominently posted in at least two places along said street. NOW THEREFORE BE IT RESOLVED, by the Town of Erwin Mayor and Board of Commissioners, that the undeveloped section of Bayles Street 220 feet in length by 35 feet in width, located between 610 and 612 Wondertown Drive and extending to the parcel where Wal-Mart is currently located is closed. DULY ADOPTED, this the 7th day of March, 2024. _____________________________ Randy Baker Mayor ATTEST: ______________________________ Lauren Evans, NCCMC Town Clerk 64  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 7, 2024 Subject: Schedule Budget Retreat Town Staff wishes to pick a day and time to meet to discuss the proposed budget for Fiscal Year 2024-2025. We will have a lot to discuss. I have received all of the budget requests from our Department Heads. This is going to be a tough budget year due to limited funds. We have exhausted the majority of our funds from the American Rescue Plan and those funds really helped the Town the last two fiscal years with salaries, and other needs. We will have to spend the rest of those funds this year. I have listed a few days below that would work in March. If one of these days and times does not work we can always look for a day and time in April. Some of us have certain days in March when we are already tied up for mandatory training. 65