Town Board Meeting

THE ERWIN BOARD OF COMMISSIONERS FEBRUARY 2026 REGULAR MEETING THURSDAY, FEBRUARY 5, 2026 @ 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. Regular Meeting Minutes on January 8, 2026 (Page 2) 4. PRESENTATION OF FISCAL YEAR 2024-2025 AUDIT (Page 5) 5. PUBLIC HEARING A. ZT-2025-011 (Page 6) B. SU-2025-004 (Page 38) 6. NEW BUSINESS A. Proposed Contract with Liberty Waste Solutions (Page 68) 7. PUBLIC COMMENT Each speaker is asked to limit comments to 3 minutes, and the requested total comment period will be 30 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 8. MANAGER’S REPORT 9. ATTORNEY’S REPORT 10. 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.**  ERWIN BOARD OF COMMISSIONERS REGULAR MINUTES JANUARY 8, 2026 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, January 8, 2026, at 7:00 P.M. in Erwin, North Carolina. Board Members present were Mayor Randy Baker, Mayor Pro Tem Ricky Blackmon, and Commissioners Charles Byrd, Alvester McKoy, Billy Turnage, and Timothy Marbell. Board Member absent was Commissioner David Nelson. Town Manager Snow Bowden, Town Clerk Lauren Evans, Town Attorney Tim Morris, Town Planner Dylan Eure, Recreation Director Doug Stevens, and Police Chief Jonathan Johnson were present. Mayor Baker called the meeting to order at 7:00 PM. Commissioner McKoy gave the invocation. Commissioner Blackmon led the Pledge of Allegiance. AGENDA ADJUSTMENT/APPROVAL OF AGENDA Commissioner Blackmon made a motion to approve the agenda as presented and was seconded by Commissioner Byrd. The Board voted unanimously. CONSENT Commissioner Blackmon made a motion to approve (ITEM A) Minutes of Regular Meeting on December 4, 2025 was seconded by Commissioner Turnage. The Board voted unanimously. PROCLAMATION RECOGNIZING ERWIN 13U BOYS FOOTBALL TEAM The Town Board of Commissioners recognized Coach Chamod Thompson, Assistant Coach Jamel Sledge Sr., and the players on the 2025 Erwin 13U Boys Football Team for an amazing season. Mayor Baker presented Coach Thompson with a Proclamation Plaque. The Proclamation is part of these minutes as an attachment. 2 MINUTES CONTINUED FROM JANUARY 8, 2026 NEW BUSINESS Resolution Adopting Cape Fear Regional Hazard Mitigation Plan Town Manager Snow Bowden informed the Board that this was a standard plan, even though it was 1,200 pages long. If the Board saw fit, we needed to approve the resolution that evening. This plan was updated every five years and complied with FEMA standards. There were a few typos that he had requested the consultants to fix. We needed to be a part of this plan. Town Attorney Tim Morris stated he and Town Manager Snow Bowden discussed the plan, he read the resolution, and he understood the meaning behind it. Commissioner Blackmon made a motion to approve the Resolution Adopting Cape Fear Regional Hazard Mitigation Plan and was seconded by Commissioner McKoy. The Board voted unanimously. PUBLIC COMMENT No one was present to speak. MANAGER’S REPORT Town Manager Snow Bowden provided the Board with a detailed report at their seats. He stated that if they had any questions, they should give him a call. The Manager’s Report is part of these minutes as an attachment. Commissioner Byrd inquired regarding the holdup on purchasing the land behind Al Woodall Park to expand parking. Town Attorney Tim Morris stated it was a matter of having to have everything cleared by the court system. Mayor Baker warned that we needed to add this to a Closed Session. Town Manager Snow Bowden stated he would give the land owner a call to provide her with an update. Commissioner Turnage asked for an update on lead in the water pipes. Town Manager Snow Bowden stated that public notice letters were sent to residents in Erwin. Harnett Regional Water was still accessing the situation. He did not have any further information at this time. He would reach out to Harnett Regional Water and provide that update at a workshop. 3 MINUTES CONTINUED FROM JANUARY 8, 2026 ATTORNEY’S REPORT Town Attorney Tim Morris thanked the Board for allowing him to be the Town Attorney. ADJOURNMENT Commissioner Nelson made a motion to adjourn at 7:17 P.M. and was seconded by Commissioner Blackmon. The Board voted unanimously. MINUTES RECORDED AND TYPED BY LAUREN EVANS TOWN CLERK ATTEST: ____________________________ _______________________________ Randy Baker Lauren Evans, NCCMC Mayor Town Clerk 4  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: February 5, 2026 Subject: Presentation of Fiscal Year 2024-2025 Audit Our current auditor Bryon Scott, CPA, will be presenting the FY 2024-2025 audit at our February Town Board meeting. At your seats, there is a packet that includes this presentation and the Financial Statements for Fiscal Year 2024-2025. Overall, we had another good audit report. Just like in previous years, our auditors pointed out an internal control issue in our operations, which is segregation of duties (Pages 21-22). Due to our small staff size, this is an issue that is brought up every year. I have tried to implement some of the recommendations in previous audit reports to address this deficiency. I will continue to follow the recommendations in this report to address this concern. Attachments: • FY 2024-2025 Audit Presentation 5  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: February 5, 2026 Subject: ZT-2025-011 The Town of Erwin has received a rezoning request for two parcels. The two parcels are adjacent to each other. One parcel can be identified by the address of 45 Red Hill Church Road. The other parcel does not have an address, but it can be identified by its Harnett County Tax PIN # 1507- 14-3913.000. Both parcels are under the same ownership, and they are both split-zoned lots. The applicant wishes to have both parcels fully zoned R-10. The Planning Board did recommend this rezoning request for approval. Town Staff has followed all the required steps to properly advertise the public hearing for this request. Attachments: • Town Planner’s Memo • ZT-2025-011 Application • ZT-2025-011 Staff Report • Harnett County GIS No Zoning • Harnett County GIS with Zoning • Permitted Uses in B-2, M-1, and R-10 • Town of Erwin Land Use Plan • Property Owners Notified • Public Notice Letter • Newspaper Public Hearing Notice • Planning Board Draft Minutes • Planning Board Statement of Inconsistency • Statement of Inconsistency (Approval and Denial) • Proposed ZT-2025-011 Resolution 6  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 2/5/2026 Timothy D. Marbell Charles L. Byrd David L. Nelson ZT-2025-011 William R. Turnage Memorandum Rezoning Description The Town of Erwin has received a request to rezone two adjacent parcels, of which one has an address of 45 Red Hill Church Road and a Harnett County Tax Pin of 1507-14-3913.000. The said parcel is 1.79 acres and under the B-2, M-1, and R-10 zoning classifications. The second parcel does not have an address, but it can be identified by its Harnett County Tax Pin of 150715-4111.000, and is 1.62 acres under the M-1 and R-10 zoning classifications. The petition would rezone both properties to be under the R-10 zoning classification. Property Description As stated previously this rezoning petition involves two parcels owned by Martha and Joseph Stancil. With one of the parcels being located within Erwin’s corporate limits and the adjacent parcel being just outside of Erwin’s corporate boundaries. The parcel that is located within Erwin’s corporate limits has a listed physical address of 45 Red Hill Church Rd. This parcel is currently occupied by two single-family homes, and according to Harnett County GIS, they were built in the 1950’s prior to Erwin’s incorporation. Per Erwin’s ordinances, both of the said homes are allowed to continue their use, provided that one is not destroyed or occupation is not discontinued for a period greater than 180 days. This parcel is split zoned between three zoning districts, with them being B-2, M-1, and R-10. One of the homes on the lot appears to be within the B-2 and R-10 portion, while the second appears to be on the B-2 and M-1 portion. The second adjacent parcel, petitioning to be rezoned, is located by its Harnett County Tax Pin of 1507-15-4111 and is just outside of Erwin’s corporate limits. Of which this parcel is occupied by a single detached garage/shed used as an accessory for 45 Red Hill Church. This parcel's zoning classification is R-10 and B-2. In general, town staff believes the reasoning for the current B-2 zoning is due to a general rezoning that was done after the construction HWY 421, when a blanket B-2 zoning classification was placed to designate HWY 421 as a primarily commercial corridor. While the industrial portions were likely a part of the adjacent property at 127 Red Hill Church Rd, but was later deeded off within a will. While R-10 is believed to be the original zoning classification for both parcels. In terms of wetlands and other possible environmental concerns located on the properties, there does not appear to be any flood zones, wetlands, or protected watersheds. That said, there is what appears to be a freshwater pond located on the property to its rear, located by its address of 15 Red Hill Church Rd. The surrounding land uses are primarily comprised of single-family residences, commercial establishments, and industrial uses, within the zoning 7 classifications being B-2, M-1, R-6, R-10, and RD. To the north of the property, there is M-1 zoning that contains uses such as EnviroBEE. To the direct east, there are both B-2 and R-10 zoning classifications, with the only uses being located on the R-10 lots being single-family homes. Further east, there is also the RD zoning classification, with the parcel being vacant woodland. To the south, the primary zoning is commercial with uses such as University Storage. To the direct west, there is R-6 zoning with the use being a single-family dwelling. Further west, there is additional M-1 zoning with the use being a solar farm. Regards, Dylan Eure Town Planner 8 9 10 11 12 13 14  REZONING MAP REQUEST STAFF REPORT Case: ZT-2025-011 Dylan Eure, Town Planner deure@erwin-nc.org Phone: (910) 591-4201 Fax: (910) 897-5543 Planning Board: 12/15/2025 Town Commissioners: 02/05/2026 The Town of Erwin has received a request to rezone two adjacent parcels, of which one has an address of 45 Red Hill Church Road and a Harnett County Tax Pin of 1507-14-3913.000. The said parcel is 1.79 acres and under the B-2, M-1, and R-10 zoning classifications. The second parcel does not have an address, but it can be identified by its Harnett County Tax Pin of 150715-4111.000, and is 1.62 acres under the M-1 and R-10 zoning classifications. The petition would rezone both properties to be under the R-10 zoning classification. Applicant Information Owner of Record: Name: Martha & Joseph Stancil Address: 45 Red Hill Church Rd. City/State/Zip: Dunn, NC 28334 Applicant: Name: Martha & Joseph Stancil Address: 45 Red Hill Church Rd. City/State/Zip: Dunn, NC 28334 Property Description: • 45 Red Hill Church Rd. (Harnett County Tax Pin: 1507-14-3913.000) o 1.79 acres  Commercial B-2: 1.42 acres or 78.86%  Industrial M-1: .22 acres or 12.37%  Residential R-10: .16 acres or 8.77% • Harnett County Tax Pin: 1507-15-4111.000 o 1.62 acres  Industrial M-1: .88 acres or 53.93%  Residential R-10: .75 acres or 46.07% Type of Decision: 15  • Legislative Vicinity Map • See Attached Harnett County GIS Image with zoning districts • See Attached Harnett County GIS Image without zoning districts Physical Characteristics Site Description: Two parcels owned by Martha and Joseph Stancil, with one of the parcels being located within Erwin’s corporate limits and the adjacent parcel being just outside of Erwin’s corporate boundaries. The parcel that is located within Erwin’s corporate limits has a listed physical address of 45 Red Hill Church Rd. This parcel is currently occupied by two single-family homes, and according to Harnett County GIS, they were built in the 1950’s prior to Erwin’s incorporation. Per Erwin’s ordinances, both of the said homes are allowed to continue their use, if one is not destroyed or occupation is not discontinued for a period greater than 180 days. This parcel is split zoned between three zoning districts, with them being B-2, M-1, and R-10. One of the homes on the lot appears to be within the B-2 and R-10 portion, while the second appears to be on the B-2 and M-1 portion. The second adjacent parcel, petitioning to be rezoned, is located by its Harnett County Tax Pin of 1507-15-4111 and is just outside of Erwin’s corporate limits. Of which this parcel is occupied by a single detached garage/shed used as an accessory for 45 Red Hill. This parcel's zoning classification is R-10 and B-2. In general, town staff believes the reasoning for the current B-2 zoning is due to a general rezoning that was done after the construction HWY 421, when a blanket B-2 zoning classification was placed to designate HWY 421 as a primarily commercial corridor. While the industrial portions were likely part of the adjacent property at 127 Red Hill Church, that was later deeded off within a will. While R-10 is believed to be the original zoning classification for both parcels. In terms of wetlands and other possible environmental concerns located on the properties, there does not appear to be any flood zones, wetlands, or protected watersheds. That said, there is what appears to be a freshwater pond located on the property to its rear, located by its address of 15 Red Hill Church Rd. Surrounding Land Uses: The surrounding land uses are primarily comprised of single-family residences, commercial establishments, and industrial uses, within the zoning classifications being B-2, M-1, R-6, R-10, and RD. To the north of the property, there is M-1 zoning that contains uses such as EnviroBEE. To the direct east, there are both B-2 and R-10 zoning classifications, with the only uses being located on the R-10 lots being single-family homes. Further east, there is also the RD zoning classification, with the parcel being vacant woodland. To the south, the primary zoning is commercial with uses such as University Storage. To the direct west, there is R-6 zoning with the 16 use being a single-family dwelling. Further west, there is additional M-1 zoning with the use being a solar farm. Services Available • Harnett County Water & Sewer • Duke Energy for electric • Brightspeed for telecommunications • Erwin Police Department / Harnett County Sheriff • Harnett County Emergency Services 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 reasonable, due to the properties already having some R-10 zoning and many of the neighboring properties are zoned under the R-10 zoning classification, with no indication as to why or how the rezoning would harm the surrounding community. X Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. • Reasoning: Although Erwin’s Land Use Plan calls for these parcels to be zoned under commercial/high-density mixed-use, since the properties were developed before Erwin’s incorporation, it is reasonable to have them zoned under the nearest residential zoning district. X Yes No The proposal does ENHANCE or maintain the public health, safety, and general welfare. • Reasoning: The rezoning would maintain the general welfare of the community since the purpose of the rezoning is to allow the property's zoning classification to be more in line with the current use of the property. 17  There is a convincing demonstration that all uses All permitted uses within Erwin’s R-10 permitted under the proposed district classification district would be in the general public would be in the general public interest and not interest of the community, as evident in the merely in the interest of an individual or small current use of the properties and other group. YES nearby R-10 properties that have active residential uses. There is a convincing demonstration that all uses permitted under the proposed district classification Since several of the nearby properties, as would be appropriate in the area included in the well as portions of the petitioned properties, proposed change. (When a new district are currently zoned as R-10, there is no designation is assigned, any use permitted in the evidence as to why a permitted use under the district is allowable, so long as it meets district R-10 district would be a detriment to the requirements, and not merely uses which surrounding area. applicants state they intend to make of the property involved.) YES There is a convincing demonstration that the The parcel has been operating as a character of the neighborhood will not be residential use since the 1950’s with no materially and adversely affected by any use proof of adversely affecting the permitted in the proposed change. YES neighborhood. The proposed change is in accord with the Land Although the Erwin Land Use Plan calls for Development Plan and sound planning principles. this parcel to be zoned for commercial and YES high density mixed uses, since the properties were developed prior to Erwin’s zoning it is reasonable to have the parcel zoned under the R-10 jurisdictions to allow its use to continue throughout the life of the structures. The request is for a SMALL SCALE REZONING This rezoning request includes two adjacent and should be evaluated for reasonableness. YES parcels totaling 3.41 acres to be completely zoned under the R-10 zoning classification, of which there are additional R-10 zoned properties less than 100 feet away. Statement of Inconsistency (If approved) Although Erwin’s Land Use Plan calls for this area to be zoned for commercial and high-density mixed uses, it is reasonable to allow the parcels to return to a sole zoning classification that is in line with the parcels current use. Therefore, it is recommended that ZT-2025-011 is approved. 18 Statement of Inconsistency (If Denied) Since Erwin’s Land Use Plan calls for this area to be zoned for commercial and high-density mixed uses, it is not reasonable to allow the parcels to return to a sole zoning classification that is against Erwin’s 2023 Land Use Plan. Therefore, it is recommended that ZT-2025-011 is denied. 19 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² County Boundary Watershed HUC12 Ponds City Limits 6 - 36 Watershed HUC8 Address Numbers Road Centerlines Freshwater Forested/ Gravity US Shrub Wetland Harnett.org/GIS Freshwater Pond November 26, 2025 Force Main Parcels 20 Feet 0 160 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² County Boundary Watershed HUC8 B1 RD 6 - 36 City Limits Road Centerlines Freshwater Forested/ B2 ETJ Address Numbers Shrub Wetland M1 US Freshwater Pond Gravity Parcels R10 Force Main Ponds R6 Harnett.org/GIS Watershed HUC12 November 26, 2025 21 Feet 0 160 B-2 Permitted Uses Sec. 36-272. Permitted principal uses and structures. The following are permitted uses and structures: (1) Retail shops and stores and service establishments whose operation is conducted entirely within an enclosed building. (2) Offices for business and professional purposes. (3) Social uses, such as social halls, lodges, fraternal organizations, clubs, and similar activities. (4) Trades and similar enterprises catering to household and business establishments. (5) Motels, hotels, bed and breakfasts, boardinghouses and roominghouses, and other similar establishments. (6) Religious uses, including churches and other places of worship, religious education buildings, and parish houses. (7) Family care home. (8) Municipal facilities. (9) Mobile food vendors. (10) 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 other day care center, day nursery, preschool, or similar use. (11) Convenience store. (Code 1977, § 9-4030.2; Ord. of 5-3-2001; ZT-2013-005 , § 2, 10-3-2013; Ord. No. 2023-2024-001 , 7-6-2023) 22 M-1 Permitted Uses Sec. 36-310. Permitted principal uses and structures. The following are permitted principal uses and structures: (1) Manufacturing, assembling and processing industries. (2) Wholesale, warehouse, and transfer activities. (3) Farms and agricultural uses. (4) Vehicular services. (5) Family care home. (6) Convenience store. (7) Municipal facilities. (8) Offices for business and professional purposes. (9) Mobile food vendors. (10) Athletic and exercise facilities, indoor and instructional. (11) Retail shops and stores and service establishments whose operation is conducted entirely within an enclosed building (12) Outdoor dining (13) Educational uses (14) Trades and similar enterprises catering to household and business establishments. (15) Public facilities. (16) Brewery/microbrewery. (17) Distillery. (Code 1977, § 9-4031.2; Ord. of 5-3-2012; ZT-2013-005 , § 2, 10-3-2013; Ord. No. 2013-2014:006, § 2, 1-9-2014; Ord. of 11-20-2014; Ord. No. 2023-2024-002 , 7-6-2023) 23 R-10 Permitted Uses: Sec. 36-144. Permitted uses and structures. The following are permitted uses and structures: (1) Single-family dwellings. (2) Municipal facilities. (3) Religious uses, including churches and other places of worship, religious education buildings, and parish houses, but not including cemeteries. (4) Family care home. (5) Public facilities. (6) Customary home occupations. (Code 1977, § 9-4026.2; Ord. of 5-3-2001; Ord. No. 2023-2024-001 , 7-6-2023) 24 25 26  VANN SEXTON MALCOLM JR JACKSON SALLY B PCC PROPERTIES LLC HEIRS 15 RED HILL CHURCH RD DUNN, NC 127 RED HILL CHURCH RD DUNN, NC 144 RED HILL CHURCH RD DUNN, NC 28334-4972 28334-5949 28334-5949 BAREFOOT MILFORD C & BROTHERS TOO LLC RZEMIEN LEAH MARIE BAREFOOT JOYCE K 118 RED HILL CHURCH RD DUNN, NC 311 COLERIDGE DR DUNN, NC 72 RED HILL CHURCH RD DUNN, NC 28334-4408 28334-5949 28334-4972 UNIVERSITY STORAGE LLC SUN DAWG RENOVATIONS INC 165 SOMMERVILLE PARK RD PO BOX 2474 DUNN, NC 28335-2474 RALEIGH, NC 28603 27 28  NOTICE OF PUBLIC HEARING The Town of Erwin Board of Commissioners will conduct a Public Hearing on the following items pursuant to NC General Statute 160D- 406, on Thursday, February 5, 2026, 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 Planner Dylan Eure at 910- 591-4201 or by email at deure@erwin-nc.org. • Case ZT-2025-011: Request to rezone two adjacent parcels: o 45 Red Hill Church Road (Harnett County Tax PIN # 1507- 14-3913.000)- Rezoned from B-2, M-1, and R-10 to entirely R-10. o Harnett County Tax PIN # 1507-15-4111.000- Rezoned from M-1 and R-10 to entirely R-10 • Case SUP-2025-004: Special Use Permit Application to replace the existing structure with a duplex located at 301 West F Street. The property can also be identified by its Harnett County Tax PIN # 0597-53-4539.000. These cases are available for review at the Erwin Town Hall. All persons desiring to be heard either for or against the proposed items set forth 29 above are requested to be present at the above-mentioned time and place. 1/16,23/2026  PLANNING BOARD MEETING MINUTES MONDAY, DECEMBER 15th, 2025 ERWIN, NORTH CAROLINA The Town of Erwin Planning Board held its regular meeting in the Erwin Municipal Building Board Room 100 West F Street, Erwin NC on Monday, December 15 th, 2025, at 7:00 PM. Board members present were Chairperson Nicholas Skatell, In-Town Board Members Marsha Woodard, Rebecca Kelly, Michael Jackson, Grace Watts, and Kathryn Moore, and Out-of-Town Board Member Howard Godwin. Board member absent was Vice Chairperson Jim Hartman. Also absent were In-Town Alternates Dean Downing and Karen Beitar. Staff members present were Town Planner Dylan Eure, and Deputy Clerk Katelan Blount. Chairperson Nicholas Skatell called the meeting to order at 7:00 PM. Board Member Michael Jackson gave the invocation. Board Member Kathryn Moore led the Pledge of Allegiance. CONSENT ITEMS Board Member Marsha Woodard made a motion to approve the minutes of November 17th, 2025, and was seconded by Grace Watts. The Board voted unanimously. Board member Howard Godwin joined the meeting at 7:02 p.m. OLD BUSINESS Updates: Town Planner Dylan Eure updated the Planning Board on the status of previously heard rezonings. 12 Red Hill Church Road that had been rezoned to entirely commercial B-2, as well as 801 S 13 th Street. The parcels that Harnett Regional Water had petitioned to be rezoned in the ETJ were also approved to be rezoned as R-D. These had all been heard by the Board of Commissioners and passed. NEW BUSINESS ZT-2025-011 Town Planner Dylan Eure informed the Board that this rezoning request is for two adjacent parcels, one of which is known by its address of 45 Red Hill Church Road, or Harnett County Tax PIN 1507-14-3913.000. This parcel is 1.79 acres and is currently under the B-2, M-1, and R-10 zoning classifications. The additional parcel has no address but is known by the Harnett County Tax PIN 1507-15-4111.000, and 30 is 1.62 acres. It is currently under the M- and R-10 zoning classifications. This petition would rezone both parcels to be under the R-10 zoning classification. It is believed by staff that these parcels were zoned in this manner due to the US 421/East Jackson Blvd expansion, which blanket zoned parcels abutting the roadway. Town Planner Dylan Eure stated that while this request is inconsistent with the 2023 Land Use Plan, it is a reasonable request due to the applicant’s current use of the properties. The parcel at 45 Red Hill Church Road currently has two single family homes on the parcel. Chairperson Nicholas Skatell asked if there was anyone to speak in favor of the request. The applicant, Ms. Martha Stancil, of 45 Red Hill Church Road, came forward. She stated that she and her husband are requesting the rezoning due to the current industrial or commercial zoning classification, her tax bills are over $3,800 per year. She and her husband live on social security and this creates a hardship. She gets a tax bill for the industrial and a separate bill for the residential. Board Member Michael Jackson stated that he wants to help, but also wants to also stay within what is best for the Town. Town Planner Dylan Eure stated that the property valuations are done through the Harnett County Tax Department, but that those valuations are linked to the classification and that commercial is typically charged much higher. He also stated that if this is recommended for approval tonight, that the Board of Commissioners would hear it at the February 2026 meeting for approval. If this rezoning is approved, once the minutes for that meeting are approved, the applicants would be able to contact the Tax Department for an adjustment/re-evaluation. Board Member Kathryn Moore made a motion to approve the rezoning request, which was seconded by Marsha Woodard. The Board voted unanimously. Town Planner Dylan Eure informed the Board that while it has been approved by the Planning Board, this particular rezoning would require a Statement of Inconsistency, since the approval goes against the Town’s 2023 Land Use Plan. Chairperson Nicholas Skatell asked the Board to read the Statement of Inconsistency. Board Member Marsha Woodard read the following Statement of Inconsistency: “Although Erwin’s 2023 Land Use Plan calls for this area to be zoned for commercial and high-density mixed uses, it is reasonable to allow the parcels to return to a sole zoning classification that is in line with the parcels current use. Therefore, it is recommended that ZT-2025-011 be approved.” Board member Rebecca Kelly made a motion in the affirmative, which was seconded by Kathryn Moore. The Board voted unanimously. 31 32  Statement of Inconsistency ZT-2025-011 Although Erwin’s Land Use Plan calls for this area to be zoned for commercial and high-density mixed uses, it is reasonable to allow the parcels to return to a sole zoning classification that is in line with the parcels' current use. Therefore, it is recommended that ZT-2025-011 is approved. ______________________________ ____________________________ Randy Baker Lauren Evans NCCMC Mayor Town Clerk 33  Statement of Inconsistency ZT-2025-011 Since Erwin’s Land Use Plan calls for this area to be zoned for commercial and high-density mixed uses, it is not reasonable to allow the parcels to return to a sole zoning classification that is against Erwin’s 2023 Land Use Plan. Therefore, it is recommended that ZT-2025-011 is denied. ______________________________ ____________________________ Randy Baker Lauren Evans NCCMC Mayor Town Clerk 34  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-2025-011 Timothy D. Marbell AMENDMENT TO THE OFFICIAL ZONING MAP TO REZONE Charles L. Byrd FROM B-2, M-1, AND R-10 TO ENTIRELY R-10 FOR David L. Nelson HARNETT COUNTY PIN 1507-14-3913.0000 AND William R. Turnage FROM M-1 AND R-10 TO ENTIRELY R-10 FOR HARNETT COUNTY PIN 1507-15-4111.0000 PER ZONING ORDINANCE ARTICLE XXIII. ORD 2025-2026: 010 Per Chapter 36 Zoning, Article XXIII, Changes and Amendments, Harnett County PINS 1507-14- 3913.000 and 1507-15-4111.000 owned by STANCIL JOSEPH E JT W/ROS & STANCIL MARTHA ANN R JT W/ROS have been rezoned to R-10 Case # ZT-2025-011. 35 36 Adopted this 5th day of February 2025. _______________________________ Randy Baker Mayor ATTEST: _____________________________ Lauren Evans NCCMC Town Clerk 37  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: February 5, 2026 Subject: SU-2025-004 The Town of Erwin has received a Special Use application to build a two-family home at 301 West F Street. The property can also be identified by its Harnett County Tax PIN # 0597-53- 4539.000. Currently, there is a single-family structure on this parcel. If the Special Use permit is granted, the property owner will demolish the existing structure on the property. Town Staff has followed all the required steps to properly advertise the public hearing for this request. Attachments: • Town Planner’s Memo • SU-2025-004 Application • SU-2025-004 Staff Report • Harnett County GIS No Zoning • Harnett County GIS with Zoning • SU-2025-004 Deed • Town of Erwin Land Use Plan • RMV District Text Amendment Ordinance • Property Owners Notified • Public Notice Letter • Newspaper Public Hearing Notice 38  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 2/05/2026 Timothy D. Marbell Charles L. Byrd David L. Nelson SU-2025-004 William R. Turnage Memorandum Special Use Description The Town of Erwin has received a special use application for 301 West F Street to demolish the existing home and replace the existing structure with a two-family home. (duplex) The two-family home will be approximately 2,600 square feet and have a total of 4 beds and 4 baths, with each unit having 2 beds and 2 baths. For parking, the applicant has offered 6 parking spaces. In terms of parcel size, the location has a total of 14,511 square feet with 97 feet of road frontage/ parcel width. Site Description and Surrounding Land Uses A single parcel located by its physical address of 301 West F Street, zoned under the Residential Mill Village. (RMV) The said parcel is .34 acres or 14,511 square feet and has 97 feet of road frontage/parcel width. Per Erwin’s Zoning Ordinances, the proposed site plan is compliant with all of Erwin's regulations for two-family dwellings located within the RMV zoning district. In order to place a two-family home within the RMV zoning district, the applicant must have a minimum parcel size of 9,000 square feet, and 75 feet in parcel width, which the applicant has. According to the proposed site plan, the applicant is also able to meet all other requirements of two-family homes within the RMV district. The required parking for two- family homes within the RMV is 2.5 parking spaces per unit, totaling 5 parking spaces, with each space being a minimum of 8 feet by 20 feet. According to the site plan submitted, the proposed development has two 24-foot by 35-foot slabs, which translates to 6 parking spaces according to Erwin’s parking space dimensional requirements. In terms of setback requirements, the two-family home will conform to all setback requirements within the RMV district. Said setbacks for this parcel would be 15 feet from the front and rear property lines and 8 feet from both of the side property lines. In terms of environmental concerns for the property, there does not appear to be any wetlands, protected watersheds, or flood zones located within the property. That being said, on Harnett County GIS, there does appear to be a sewer line running through the middle of the property. However, according to Harnett Regional Water, the said sewer line shown on GIS is just an old sewer service line that was later abandoned when a new tap for the property was installed, and should not be an issue with the redevelopment of the parcel. The surrounding land uses comprise a mix of residential and industrial uses. The primary residential style is traditional detached single-family dwellings. While the industrial land uses are 39 all completely contained just north of the parcel, which is the Central Carolina Industrial Park. Although the majority of neighboring properties are single-family dwellings, according to Erwin’s 2023 Land Use Plan, additional housing options such as two-family dwellings should be encouraged within the Residential Mill Village to promote housing diversity and resiliency. Regards, Dylan Eure Town Planner 40 41 42 43 44 45 46 47 48 49 50 51 52 53  SPECIAL USE REQUEST STAFF REPORT Case: SUP-2025-004 Dylan Eure, Town Planner deure@erwin-nc.org Phone: (910) 591-4201 Fax: (910) 897-5543 Public Hearing Date: Thursday, February 5th, 2026 The Town of Erwin has received a special use application for 301 West F Street to replace the existing structure with a two-family home. (duplex) The two-family home will be approximately 2,600 square feet and have a total of 4 beds and 4 baths, with each unit having 2 beds, 2 baths, and separate kitchen facilities. For parking, the applicant has offered 6 parking spaces. In terms of parcel size, the location has a total of 14,511 square feet with 97 feet of road frontage/ parcel width. Applicant Information Owner of Record: Applicant: Name: Alan Stewart Name: Alan Stewart/Adaline Group LLC Address: 16150 Spivey’s Corner Hwy Address: 8231 Newton Grove HWY City/State/Zip: Dunn, NC 28334 City/State/Zip: Dunn, NC 28334 Property Description Address of Property: 301 West F Street Harnett County Tax PIN: 0597-53-4539.000 Acres/Square Footage: .34 acres or 14,511 Square Feet Zoning District: RMV – Residential Mill Village Type of Decision: • Quasi-Judicial Vicinity Map • See Attached Document 54 Physical Characteristics Site Description: A single parcel located by its physical address of 301 West F Street, zoned under the Residential Mill Village. (RMV) The said parcel is .34 acres or 14,511 square feet and has 97 feet of road frontage/parcel width. Per Erwin’s Zoning Ordinances, the proposed site plan is compliant with all of Erwin's regulations for two-family dwellings located within the RMV zoning district. In order to place a two-family home within the RMV zoning district, the applicant must have a minimum parcel size of 9,000 square feet, and 75 feet in parcel width, which the applicant has. According to the proposed site plan, the applicant is also able to meet all other requirements of two-family homes within the RMV district. The required parking for two-family homes within the RMV is 2.5 parking spaces per unit, totaling 5 parking spaces, with each space being a minimum of 8 feet by 20 feet. According to the site plan submitted, the proposed development has two 24-foot by 35-foot slabs, which translates to 6 parking spaces according to Erwin’s parking space dimensional requirements. In terms of setback requirements, the two-family home will conform to all setback requirements within the RMV district. Said setbacks for this parcel would be 15 feet from the front and rear property lines and 8 feet from both of the side property lines. In terms of environmental concerns for the property, there does not appear to be any wetlands, protected watersheds, or flood zones located within the property. On Harnett County GIS, there does appear to be a sewer line running through the middle of the property. However, according to Harnett Regional Water, the said sewer line shown on GIS is just an old sewer service line that was later abandoned when a new tap for the property was installed, and should not be an issue with the redevelopment of the parcel. Surrounding Land Uses: The surrounding land uses comprise a mix of residential and industrial uses. The primary residential style is traditional detached single-family dwellings. While the industrial land uses are all completely contained just north of the parcel, which is the Central Carolina Industrial Park. Although the majority of neighboring properties are single-family dwellings, according to Erwin’s 2023 Land Use Plan, additional housing options such as two-family dwellings should be encouraged within the Residential Mill Village to promote housing diversity and resiliency. Services Available • Electricity (Duke Energy) • Harnett Regional Water and Sewer • Erwin Police / Fire Zoning District Compatibility Special Use RMV Two-Family Dwellings X Staff Evaluation 55 X Yes No The use requested is listed among the special uses in the district for which the application is made. • Reasoning:. Two-family dwellings were added to the list of special uses within the Residential Mill Village during the regularly scheduled August 1st, 2024, meeting. X Yes No The requested use is essential or desirable to the public convenience or welfare. • Reasoning: Having additional housing options would benefit the community by diversifying Erwin’s housing portfolio, while providing additional housing options for those who cannot afford/do not want traditional detached single-family homes. X Yes No 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:. Although many of the surrounding properties are classified as single-family, there is no evidence as to why a two-family dwelling would harm the surrounding area. X Yes No The requested use will be in conformity with the Land Development Plan. • Reasoning: According to the 2023 Land Use Plan, two-family dwellings and other forms of residences should be encouraged within the Residential Mill Village to promote a healthy housing market. X Yes No Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities have been or are being provided. • Reasoning: The applicant has ensured that the development could be connected to Harnett Regional water & sewer lines and will retain all existing drainage facilities within the public right-of-way. X Yes No 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: The applicant has ensured that the development would have adequate parking spaces for the two-family dwelling. X Yes No 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: The application in all aspects meets Erwin’s requirements for two-family dwellings located within the Residential Mill Village District. 56 Statement of Consistency According to Erwin’s 2023 Land Use Plan Goal 1 Objective 4, the proposed special use permit for a two-family dwelling located at 301 West F Street is recommended to be approved. 57 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² Flood Map Index Gravity Road Centerlines Watershed HUC8 County Boundary Parcels Unamed Flowline 2-5 City Limits 6 - 36 Watershed HUC12 Harnett.org/GIS Address Numbers December 19, 2025 58 Feet 0 40 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² Flood Map Index Gravity Parcels RMV ETJ County Boundary Watershed HUC12 2-5 City Limits 6 - 36 Watershed HUC8 Harnett.org/GIS Address Numbers December 19, 2025 Road Centerlines Unamed Flowline 59 Feet 0 40 60 61 62 63 64  WILSON ROBERT A H JR & WEAVER CALVIN E & WEAVER ADALINE GROUP LLC WILSON KAY H SHIRLEY J 8231 NEWTON GROVE HWY DUNN, 303 WEST F STREET ERWIN, NC 305 WEST F STREET ERWIN, NC NC 28334 28339-0000 28339 200 NORTH 13 LLC MODESTO SOTO VICTOR HUGO CHRISP HAZEL T 320 ROEBLING ST STE 125 7645 BENSON HARDEE RD BENSON, 302 S 15TH STREET ERWIN, NC BROOKLYN, NY 11211-6262 NC 27504-6156 28339-2005 ALVARADO ANDREA BALESKA PARKY PROPERTIES LLC ROSALES LOCKAMY SETH 224 JEN MAR DR FUQUAY VARINA, NC 304 S 15TH ST ERWIN, NC 28339- 302 W E ST ERWIN, NC 28339 27526 2005 ALVARADO JESUS & ALVARADO PRICE DEAN R & PRICE CHRISTIE BRADLEY JEAN & BRADLEY JAMES ROSALVA L 308 W E ST ERWIN, NC 28339-2025 304 W E ST ERWIN, NC 28339-2025 306 W E ST ERWIN, NC 28339 MCLEAN REA CLARK HEIRS 312 W E ST ERWIN, NC 28339-2025 65 66  NOTICE OF PUBLIC HEARING The Town of Erwin Board of Commissioners will conduct a Public Hearing on the following items pursuant to NC General Statute 160D- 406, on Thursday, February 5, 2026, 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 Planner Dylan Eure at 910- 591-4201 or by email at deure@erwin-nc.org. • Case ZT-2025-011: Request to rezone two adjacent parcels: o 45 Red Hill Church Road (Harnett County Tax PIN # 1507- 14-3913.000)- Rezoned from B-2, M-1, and R-10 to entirely R-10. o Harnett County Tax PIN # 1507-15-4111.000- Rezoned from M-1 and R-10 to entirely R-10 • Case SUP-2025-004: Special Use Permit Application to replace the existing structure with a duplex located at 301 West F Street. The property can also be identified by its Harnett County Tax PIN # 0597-53-4539.000. These cases are available for review at the Erwin Town Hall. All persons desiring to be heard either for or against the proposed items set forth 67 above are requested to be present at the above-mentioned time and place. 1/16,23/2026  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: February 5, 2026 Subject: Proposed Contract with Liberty Waste Solutions The proposed contract for our Solid Waste collection services is included in this agenda. The proposed contract is for a five-year term, and it has an option to renew after five-years if both parties wish to just renew. The Town does not have to renew the contract at the end of the term, but we have the option if we choose to do so. If the Town or Liberty Waste Solutions does not wish to renew the contract for an additional five-year term, proper notice must be provided by the party that does not wish to renew the contract for another term. There is language in the proposed contract involving the service fee that Liberty Wase Solutions can charge in bullet point 6. The fee can be adjusted annually based on the Consumer Price Index for All Urban Consumers Water and Sewer Trash Collection Services. There is language in item 6(a) that discusses any potential fuel surcharges if there is a major fuel increase that can be identified in Exhibit B. The proposed contract is just for residential solid waste collection. The Town of Erwin does not provide waste collection for commercial businesses (this includes churches and other non- profits). The contractor will provide a 96-gallon roll out cart for each structure that qualifies for this service in our Town Limits. There are a few apartments that utilize dumpsters for trash collection and not residential roll-out carts. As a reminder, the proposed contract does not include any collection services for residential recycling. The recycling market has changed a lot over the last few years. The transfer stations for recyclables have gotten a lot stricter, and they do not tolerate loads that have materials that are not recyclable. Unfortunately, we have a rather high contamination rate in our recyclables. Town Staff is going to prepare a notification to share with our residents about discontinuing this service. Currently, every residential customer in our Town Limits must pay for a trash and recycling cart. If a resident wishes to get a second cart for trash collection, they will have to pay an additional fee (like our current model). 68  SOLID WASTE COLLECTION, TRANSPORTATION AND DISPOSAL AGREEMENT This SOLID WASTE COLLECTION, TRANSPORTATION AND DISPSOAL AGREEMENT (this “Agreement”) is made and entered into this ___ day of, February 2026 by and between the Town of Erwin, North Carolina, hereinafter referred to as “CUSTOMER”, and Wall Recycling, LLC d/b/a Liberty Waste Solutions hereinafter referred to as “CONTRACTOR”. WITNESSETH WHEREAS, CUSTOMER is responsible for the collection and disposal of solid waste materials of its residents; and "WHEREAS, CUSTOMER desires to engage CONTRACTOR to collect all residential solid waste materials from within its boundaries in accordance with the terms of this Agreement and applicable law, including, without limitation, the ordinances of the Town of Erwin, County of Harnett and the State of North Carolina. NOW, THEREFORE, in consideration of the foregoing, the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows: Term: This Agreement shall be binding on all parties for a period of five years beginning July 1, 2026 and ending June 30, 2031 with one (1) five-year renewal option pending agreement of both parties. Should either the Town or Contractor elect not to renew and extend the contract for an additional five (5) year period, notice must be given, by certified mail (return receipt requested) to the other party in writing not less than ninety (90) days prior to the expiration of the Contract. 1. Services. CUSTOMER hereby grants to CONTRACTOR the exclusive right for the collection and transportation of all residential solid waste materials in the Town of Erwin from the point of pickup to the Harnett County Transfer Station as directed by Customer, which disposal site has been permitted in accordance with applicable laws, rules and regulations for disposal of solid waste (the "Services"). a. Residential Curbside Trash Collection - Subject to Section 3 below, each home is provided by CONTRACTOR with a 96 Gallon cart to be serviced on a once per week basis. Carts must be placed at the curb no later than 7:00 a.m. on the scheduled day of collection. Carts must be placed in a manner suitable to be emptied by the automatic dumping arm of the refuse vehicle. 69  b. CONTRACTOR will provide special collections to elderly, injured, ill, or handicapped residents receiving SOLID WASTE Curbside Collection that are incapable of placing containers curbside. Such residents shall be identified and approved by CUSTOMER and qualifications for such special collection shall be determined by a written doctor's note or approval from TOWN MANAGER. CUSTOMER shall maintain and provide the CONTRACTOR with a list of these addresses for this special service. Such collection will be from a front or side door that is visible to the street. CONTRACTOR shall not charge any additional cost for this service but may request CUSTOMER to re-evaluate any address where evidence of abuse may exist. Types of Waste: Title to Waste. A. Notwithstanding anything to the contrary herein, CONTRACTOR shall only be responsible for the collection, transportation and disposal of Acceptable Solid Waste, and only such Acceptable Solid Waste as is disposed of in a 96-gallon cart, CONTRACTOR provided, residential roll-out cart (Cart contents only). B. For purposes of this Agreement, "Acceptable Solid Waste” means mixed household solid waste and mixtures of household, commercial and industrial solid waste that are permitted under the governing permits and then applicable laws to be accepted at the applicable disposal facilities and that are not otherwise Unacceptable Waste. C. For purposes of this Agreement, "Unacceptable Solid Waste" means: a. any material which by reason of its composition characteristics or quantity is hazardous waste as defined in the Resource Conservation and Recovery Act of 1976, 42 U.S.C. 6901 et seq., and the regulations thereunder or any material which by reason of its composition or characteristics is hazardous waste, a hazardous substance or hazardous material as defined in or under any other federal, state or local law, and the applicable regulations thereunder, and any other material which any governmental agency or unit having or claiming appropriate jurisdiction shall determine from time to time to be harmful, toxic or dangerous, or otherwise ineligible for disposal at the applicable disposal facility; explosive materials, corrosive materials, pathological waste, radioactive materials, cesspool and other human waste, human remains, motor vehicles, batteries, tires, refrigerators, gasoline tanks, gas cylinders, asbestos insulation, closed metal containers, barrels, more than an incidental amount of tires, refrigerators that have not been properly evacuated, liquid waste including chemical wastes, sewage and other highly diluted water-carried materials or substances and those in gaseous forms, special nuclear or by-product materials within the meaning of the Atomic Energy Act of 1954, as amended; and b. any other material which may present a substantial endangerment to public health or safety, would cause applicable air quality or water effluent standards to be violated by the normal operation of the Transfer Station or because of its size, durability or composition cannot be managed or disposed of at the applicable disposal facility or has a reasonable possibility of otherwise adversely affecting 70  the operation of the applicable disposal facility outside the normal usage expected for the facility. D. Title to waste material that does not conform to the definition of Acceptable Solid Waste shall remain with the generator and shall not be deemed to pass to CONTRACTOR at any time. 2. Equipment: All equipment utilized is to be reliable and presentable during the performance of this Agreement, including backup equipment. All equipment shall be maintained by CONTRACTOR in a safe condition throughout the Term. 3. Schedule. CONTRACTOR shall operate on a schedule to ensure timely service. Services will not be provided on New Year's Day, Christmas Day, Thanksgiving Day, Labor Day, Independence Day, Memorial Day or any day that the Harnett County Transfer Station is closed. In the event that CUSTOMER service days fall on a designated holiday, then an alternate day will be chosen to ensure timely service. 4. Newly Developed and Annexed Areas: CONTRACTOR will, within thirty (30) days of notification by the CUSTOMER, provide the Services to newly developed and annexed areas. As new homes are constructed and occupied, CONTRACTOR shall provide Services on the next scheduled day of collection following notification thereof. CONTRACTOR shall be responsible for notifying CUSTOMER of all collection locations being serviced which do not appear on the billing register. Billing will be adjusted by CONTRACTOR as promptly as practicable following the addition of new or annexed homes including, to the extent necessary, adding any prior months' billings for such new or annexed homes that have been serviced but not previously billed and including pro-rations for partial months, as appropriate. 5. Rates: Number of Units: Total compensation due to CONTRACTOR shall be set forth in Exhibit A incorporated by reference and made a part hereof on a per unit basis, subject to adjustment as set forth below (the "Service Fee"). Payment is due by the 10 th day of the following month in which the invoice is submitted. The number of units for which CONTRACTOR will provide Services is estimated as of the date of this Agreement to be approximately______ residential carts, provided, however, that CUSTOMER will provide evidence to CONTRACTOR of the actual number of units, including addresses and number of carts per address, to be serviced within thirty (30) days following the date of this Agreement by use of water meter or other utility records. Thereafter, the number of units to be serviced and billed will be reviewed and adjusted on a monthly basis to reflect the actual number of units serviced. CUSTOMER is responsible for billing its residents for services. 6. Adjustments: The Service Fee will be increased annually every July 1st beginning on July 1, 2027 to reflect the annual adjustment (from the 12 month time frame of March 2026 to February 2027 and each subsequent year with the same timeframe. This allows for the increase to be known and implemented in time for annual July 1 st adjustments) based on Table 1 of the Consumer Price Index for All Urban Consumers (CPI-U): U.S. Town Average, by expenditure category and commodity and service group, Water and Sewer and Trash Collection Services (2) Garbage and Trash Collection 71  a. In addition, changes in the Service Fee may be negotiated if such adjustments arise out of changes in direct operational costs related to provision of the Services over which CONTRACTOR has no control, including by way of example, but not limitations, such expense as landfill, or material processing, fees and governmental regulations (see table in Exhibit B, should diesel fuel rise above $4.50/gallon for 2+ consecutive months. If prices rise above and decline, fuel surcharge will be removed) Documentation will be provided and adjustments in Service Fees will not be unreasonably refused. 7. Representations of CONTRACTOR: CONTRACTOR currently has, and will maintain throughout the term, all permits and licenses required by law for the provision of the Services, and will provide the Services in accordance in all material respects with applicable laws. CONTRACTOR will comply with all Federal and State requirements concerning fair employment and concerning the treatment of all employees without regard or discrimination by reason of race, color, religion, sex, national origin or physical disability. 8. Point of Contact: All dealings, contacts, etc. between CONTRACTOR and CUSTOMER shall be directed by CONTRACTOR to the Town Manager or his designee. CUSTOMER will direct all interaction related to this Agreement to the General Manager or his designee. 9. Local Presence: CONTRACTOR will provide a local and/or toll-free telephone number to its office for the use of CUSTOMER to communicate with CONTRACTOR if the need arises during normal business hours of 8:00 a.m. to 5:00 p.m. 10. Notification of Customer and/or Residents: CONTRACTOR will notify CUSTOMER about service inquiry procedures, regulations and days of collection prior to the date Services begin under this Agreement. In addition, as and when requested by CUSTOMER, CONTRACTOR will notify the residents with respect to any changes in service day or other similar information. CUSTOMER will ensure that any resident phone numbers provided by CUSTOMER to CONTRACTOR will have been provided in compliance with the Telephone Consumer Protection Act with the consent of the resident to receiving phone calls related to the Services and will indemnify and hold CONTRACTOR harmless with respect thereto. 11. Breach: Termination: If either party reasonably concludes that the other is in material breach of this Agreement, such party shall so notify the other party in writing, including a detailed description thereof. The party alleged to be in breach shall be allowed up to thirty (30) days after notice by the other party in which to make necessary adjustments to remedy said deficiencies or to take action to remedy any deficiencies that require longer than thirty (30) days to cure. In the event the breaching party fails to correct (or take action to correct) such deficiencies within thirty (30) days after written notice of the deficiencies or breach, then the other party may terminate this Agreement. Neither party shall be liable to the other for any special, consequential or punitive damages. 12. Indemnification: CONTRACTOR agrees to indemnify and hold CUSTOMER harmless from and against any and all claims, liabilities, demands and causes of action arising out of CONTRACTOR'S negligence in performance of the Services or arising out of CONTRACTOR'S failure to comply with the provisions of this Agreement. Notwithstanding the foregoing, under no circumstances will CONTRACTOR be required to indemnify CUSTOMER with respect to any claims, liabilities, demands or causes of 72  action arising in whole or in part out of the CUSTOMER'S negligence, willful misconduct or failure to comply with the provisions of this Agreement. 13. Force Majeure: CONTRACTOR shall not be liable for failure to perform under this Agreement if that failure arises out of causes beyond the control and without the fault or negligence of CONTRACTOR. Such causes may include but not be limited to acts of the government in its sovereign or contracted capacity, fires, floods, strikes, epidemics, quarantine restriction, freight embargoes, and unusually severe weather; but in every case the failure to perform must be beyond the reasonable control and without fault or negligence of CONTRACTOR. 14. Assignment: Neither party may assign this Agreement, or the rights hereunder, without prior written approval of the other, which approval will not be unreasonably withheld; provided, however, that CONTRACTOR may assign this Agreement to an affiliate of CONTRACTOR without the prior approval of CUSTOMER. 15. Insurance: CONTRACTOR shall be required to carry general liability insurance, workers compensation insurance and motor vehicle insurance as required by State laws as outlined below: a. Workmen's Compensation Statutory: $1,000,000 aggregate b. Employer's Liability $1,000,000 each occurrence c. Bodily Injury Liability $2,000,000 each occurrence d. Except Automobile $2,000,000 aggregate e. Property Damage Liability $2,000,000 each occurrence Except Automobile $2,000,000 aggregate f. Automobile Bodily Injury $500,000 each person g. Property Damage Liability $2,000,000 each occurrence h. $2,500,000 aggregate Excess Umbrella Liability $3,000,000 each occurrence i. The above coverage may be provided by the Contractor's parent corporation. 16. Arbitration. Any controversy or claim arising out of or related to this Agreement or any transactions contemplated herein that cannot be amicably resolved, will be resolved by binding arbitration held in Lillington, North Carolina, or any other location mutually agreeable to the parties, in accordance with the commercial arbitration rules of the American Arbitration Association. The decree or judgment of any award rendered by the arbitrator may be entered in any court having jurisdiction thereof. 17. Notice. All notices and other communications hereunder will be in writing and may be given by personal delivery, nationally recognized express courier, registered or certified mail (return receipt requested), or facsimile (receipt confirmed). Such notice will be deemed effective when received if it is given by personal delivery, nationally recognized express courier, or facsimile, and will be effective three (3) days after mailing by registered or certified mail, so long as it is actually received within five (5) days (and, if not so received within five (5) days, is effective when actually received) by the parties at the following addresses (or at such other address for a party as will be specified by like notice): a. IF to CONTRACTOR: Liberty Waste Solutions- ATTN: General Manager, 2126 Garner Road Raleigh, NC 27610 b. IF to CUSTOMER: Town of Erwin, ATTN: Snow Bowden, Town Manager PO Box 459 Erwin, NC 28339 73 18. Entire Agreement. This Agreement constitutes the entire understanding between the parties, and cancels and supersedes all prior negotiations, understandings and agreements, oral or written, relating to the provision of the services described herein. 19. Execution in Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. [Signature page follows.] 74 IN WITNESS WHEREOF, the Town of Erwin and Liberty Waste Solutions, have executed this Solid Waste Collection, Transportation and Disposal Agreement as of the date first set forth above. The Town of Erwin, North Carolina Liberty Waste Solutions BY:_______________________ BY:___________________________ NAME:____________________ NAME:________________________ TITLE:____________________ TITLE:_________________________ This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. Town Finance O icer 75  Exhibit A Residential Curbside Trash-The charge for once per week residential curbside trash collection to CUSTOMER from CONTRACTOR shall be: $ 7.92 per month per cart for Trash CONTRACTOR will provide one 96-gallon cart for Municipal Solid Waste (MSW) to each address using the Services. CUSTOMER may request additional carts for residents. Additional carts will be billed by the number of carts requested multiplied by the monthly rate. Trash Service Fee does not include disposal charges. All MSW will be delivered to Harnett County Transfer Station where no fees are charged to Harnett County Residential service customers. If at any time Harnett County changes this policy and begins to charge disposal fees, these fees will be added as a direct pass through to CUSTOMER. Any charges or fees incurred by CONTRACTOR related to disposal and/or handling of waste shall be the responsibility of CUSTOMER and reimbursed subject to section 5 above. There will be no fuel surcharges or environmental fees charged during the tenure of this agreement without review and approval of both parties, referring to 6.a. above. 76  Exhibit B DOE/EIA Diesel Price (PADD 1C) Increase Over $4.50 Surcharge % $4.50 or below — 0.0% $4.60 $0.10 0.6% $4.70 $0.20 1.1% $4.80 $0.30 1.7% $4.90 $0.40 2.2% $5.00 $0.50 2.8% $5.10 $0.60 3.4% $5.20 $0.70 3.9% $5.30 $0.80 4.5% $5.40 $0.90 5.0% $5.50 $1.00 5.6% $5.60 $1.10 6.2% $5.70 $1.20 6.7% $5.80 $1.30 7.3% 77