Town Board Workshop

THE ERWIN BOARD OF COMMISSIONERS MARCH 2024 REGULAR WORKSHOP MONDAY, MARCH 25, 2024 @ 6:00 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. NEW BUSINESS A. 2023-2024 Resurfacing Bids (Page 2) B. West K Street (Page 4) C. BOA 2024-05 (Page 24) D. SRO Reimbursement Agreement Amendment (Page 26) E. ARP Grant Project Ordinance Amendment (Page 34) F. Storm Water Grant Project Ordinance (Page 40) G. Historical Bench Program (Page 42) H. Community Building Renovation (Page 55) I. Al Woodall Park Gym Roof (Page 57) J. Red Hill Church Road Preliminary Plat (Page 62) K. Accessory Dwelling Unit Text Amendment (Page 79) L. Proposed Highway 421 Overlay District, ZT-2024-003 (Page 83) M. Penalty Text Amendment (Page 90) N. Text Amendments to Chapter 36 Definitions (Page 93) 4. GOVERNING COMMENTS 5. ADJOURNMENT  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: 2023-2024 Street Resurfacing Bids Our Town Engineer Bill Dreitzler is here tonight to present the bids that we received for the 2023-2024 street resurfacing project. The bids came well within the proposed budget. 2  TOWN OF ERWIN Post Office Box 459 Erwin, NC 28339 (910) 897-5140 M-E-M-O-R-A-N-D-U-M DATE: March 21, 2024 TO: Snow Bowden, Town Manager FROM: Bill Dreitzler, P.E., Town Engineer RE: 2023-2024 Street Resurfacing Bids Mr. Bowden, On Wednesday, March 20, 2024 at 1:00 PM bids were received for the 2023-2024 Street Resurfacing project. The following bids were received: Highland Paving Company, LLC: $ 116,250.00 Johnson Brothers Utility & Paving: $ 107,474.00 Barnhill Contracting Company: $ 175,500.00 Bids were received for the following locations (approximately 3,600 linear feet): 1. N 16th Street (West N Street through the Cul-de-Sac – approximately 1,000 linear feet) 2. N 11th Street (E H Street to near E L Street – approximately 1,700 linear feet) 3. Duke Street (approximately 900 linear feet) I have completed my evaluation of the bids and recommend award to Johnson Brothers Utility & Paving in the amount of $107,474.00. Our budget recommendation for the resurfacing was $153,500, exclusive of any patching and/or pothole repairs. When awarded by the Board of Commissioners I will be scheduling a site meeting with the low bidder to assess patching requirements of the listed streets and obtain a quote for the additional work. Sincerely, William W. Dreitzler, P.E. Town Engineer 3  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: West K Street Our Town Engineer Bill Dreitzler is here tonight to discuss the West K Street project. At one of our recent workshop meeting the consensus of the Board was to move forward with the tunneling option as the best option to fix this damaged site. In order to move forward with the boring option additional work needs to be completed that is included in the updated scope of work. The additional work that needs to be completed includes more survey work updates to the design/plan. 4  Scope of Work K Street Culvert Replacement Town of Erwin, NC PROJECT DESCRIPTION This Scope of Work is a supplement to the original agreement with the Town and outlines the additional professional surveying and engineering services to be provided to the Town of Erwin (Town) for the project to be called West K Street Culvert Replacement. The purpose of these additional services is to provide a design for a bore & jack (tunneling) option to replace the failed pipe culvert crossing on West K Street located between N 14th Street and N 15th Street. The existing culvert crossing West K Street is an approximate 36-inch diameter corrugated metal pipe which has failed, causing significant erosion and potential failure of the roadway. The scope of this project includes:  Topographic Survey services  Bore & Jack design services  Construction drawings PROPOSED SCOPE OF WORK Gradient, PLLC (Professional) utilize previous surveys and designs, supplemented by the items contained in this scope of services, for the preparation of construction contract documents for the tunneling option. The proposed scope of work has been prepared in general accordance with the engineering standard of practice and discussion of the project with the Town and consists of the following basic services: 1. Additional Topographic Survey 1.1Conventional Survey Services The proposed bore & jack operation will be parallel to the existing culvert and on the edge of the previously conducted topographic survey. Additional topographic survey will be conducted to address the area needed for the tunneling option. 1.1.1 Easement Exhibit Maps Included in original agreement. 1.1.2 Property Owner Notification Included in original agreement. 1.1.3 Basemap The Surveyor (GEL) will update the survey data from the original agreement and update the basemap. The basemap will be used in developing the design and construction drawings. 2. Design Development 2.1Preliminary Plan & Profiles Professional has developed a conceptual plan & profile of the proposed tunneling option. This conceptual plan will be used to develop a preliminary drawing (30% complete). Professional will also update the preliminary Opinion of Probable 5 Town of Erwin, NC – West K Street Culvert – Tunnel Option March 5, 2024 Page 2 of 4 Construction Cost based on the preliminary drawings and unit costs from other, similar projects. Deliverable:  Preliminary 30% construction drawings with Preliminary Opinion of Probable Construction Cost 2.2Progress Design and Submittals 60% and 90% 2.2.1 Professional will incorporate comments from the preliminary plan submittal to prepare 60% design construction drawings. The 60% design drawings will build on the 30% design preliminary plans by including project details, preliminary utility relocation plans (as required), preliminary traffic control plan/concept, erosion control concept/procedures, and preliminary easement locations. The 60% design submittal will include one (1) progress meeting with Town. 2.2.2 Professional will incorporate comments from the 60% design submittal to prepare 90% design construction drawings. The 90% design drawings will build on the 60% design plans by including general notes and a construction sequence, materials and quantities sheet, utility relocation details, sediment and erosion control plan, and traffic control plan. The 90% design submittal will include a tabulation of bid quantities, an opinion of probable construction cost, a general outline of the technical specifications, and final easement plats. The 90% design submittal will include one (1) progress meeting with Town. Deliverable:  Preliminary 60% construction drawings with Preliminary Opinion of Probable Construction Cost  Preliminary 90% construction drawings with Preliminary Opinion of Probable Construction Cost and easement plats. 3. Construction Contract Documents and Permitting 3.1Develop Project Manual Professional will update the final project manual to include specifications for the tunneling design. No additional fee required. 3.2Permit Applications o Not included. 3.3Final Construction Documents Included in original contract. No additional fee required. 3.4Utility Coordination Included in original contract. No additional fee required. 6 Town of Erwin, NC – West K Street Culvert – Tunnel Option March 5, 2024 Page 3 of 4 COMPENSATION Compensation for engineering services and reimbursable expenses shall be based on the following fixed fees. These fees will be invoiced monthly based on our estimation of the percentage complete on each task. Task # Description Tunnel Option Total 1 ADDITIONAL SURVEY 1.1 Additional Field Survey $3,350.00 2 DESIGN DEVELOPMENT 2.1 Preliminary Plan & Profile $3,830.00 2.2 Progress Design & Submittals $0.00 2.2.1 60% Design $5,950.00 2.2.2 90% Design $6,990.00 Total Project $20,120.00 This proposal is valid for 30 days from the date of the proposal. If the proposal is not accepted within 30 days, we reserve the right to revise or withdraw the proposal entirely at our discretion. Please confirm your acceptance of this proposal by signing one copy and returning it to our office. Our receipt of the executed copy of this proposal will serve as our Notice to Proceed and contract to perform the work described herein. This Agreement is subject to the Gradient Standard Terms and Conditions which are incorporated herein by reference. 7 Town of Erwin, NC – West K Street Culvert – Tunnel Option March 5, 2024 Page 4 of 4 AUTHORIZATION TO PROCEED Proposal for Surveying & Civil Engineering Services Town of Erwin West K Street – Tunneling Option I/We agree and accept Gradient’s proposal to provide the above described services. We understand the Scope of Services as provided herein and agree to the fees estimated for these services. We further acknowledge that Gradient will provide a proposal for any change in the Scope of Services described herein and that a signed agreement to provide those additional services will be executed prior to any work being performed. Printed Name Title Signature Date 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Project: West K Street Culvert Replacement Project No.: Owner: Town of Erwin, NC Engineer: Gradient, PLLC Option Option 1: Open Cut & Replace Base Bid Estimated Item No. Item Description Unit Unit Price Extended Amount Quantity Items in Base Bid (excluding Allowances) per Section 01 29 01 "Measurement and Basis for Payment" A-01 MOBILIZATION (2.5%) LS 1 2.5% 21,419.75 A-02 EROSION CONTROL (2.5%) LS 1 2.5% 21,419.75 A-03 TRAFFIC CONTROL (2.5%) LS 1 2.5% 21,419.75 A-04 CLEARING AND GRUBBING AC 1.0 25,000.00 25,000.00 A-05 UNCLASSIFIED EXCAVATION CY 6,500.0 55.00 357,500.00 A-06 UNDERCUT EXCAVATION CY 100 60.00 6,000.00 A-07 SELECT BORROW MATERIAL CY 2,000 60.00 120,000.00 A-08 TEMPORARY STREAM DIVERSION LS 1 25,000.00 25,000.00 A-09 INSTALL, MAINTAIN, AND REMOVE TEMPORARY BARRIER FENCE LF 500 22.00 11,000.00 A-10 REMOVE & DISPOSE OF EXISTING ASPHALT PAVEMENT SY 300 20.00 6,000.00 A-11 PLANT MIX BITUMINOUS CONCRETE SURFACE COURSE, TYPE S9.5C - COF SY 300 15.00 4,500.00 B-01 REMOVE AND DISPOSE OF EXISTING 36" CMP LF 180 58.00 10,440.00 B-02 48" RCP, CLASS III LF 200 620.00 124,000.00 B-03 INSTALL 6' DIAMETER SW MANHOLE, 18'-20' DEPTH EA 1 20,000.00 20,000.00 B-04 48" RCP CONCRETE HEADWALL EA 2 9,000.00 18,000.00 B-05 RIP RAP, CLASS 1 WITH FILTER FABRIC TN 62 175.00 10,850.00 B-06 SEEDING AND MULCHING, AC AC 1.0 5,500.00 5,500.00 C-01 REMOVE EXISTING 8" WATER MAIN LF 100 10.00 1,000.00 C-02 FURNISH & INSTALL NEW 8" RJ DUCTILE IRON WATER MAIN LF 100 350.00 35,000.00 C-03 FURNISH & INSTALL NEW 8" RJ GATE VALVE w/ VALVE BOX EA 2 5,000.00 10,000.00 C-04 CONNECTING TO EXISTING WATER MAIN EA 2 2,500.00 5,000.00 C-05 STERILIZATION & TESTING LF 1,200 10.00 12,000.00 C-06 TEMPORARY SUPPORT FOR 24-INCH MAIN DURING CONSTRUCTION LS 1 50,000.00 50,000.00 - - - - - Total Base Bid Items Amount (Sum of Extended Amounts for each Base Bid Line Item) $ 921,049.25 10% $ 92,104.93 15% $ 138,157.39 Total Estimate $ 1,151,311.56 22 Project: West K Street Culvert Replacement Project No.: Owner: Town of Erwin, NC Engineer: Gradient, PLLC Option Option 2: Bore Base Bid Estimated Item No. Item Description Unit Unit Price Extended Amount Quantity Items in Base Bid (excluding Allowances) per Section 01 29 01 "Measurement and Basis for Payment" A-01 MOBILIZATION (2.5%) LS 1 2.5% 22,508.75 A-02 EROSION CONTROL (2.5%) LS 1 2.5% 22,508.75 A-03 TRAFFIC CONTROL (2.5%) LS 1 2.5% 22,508.75 A-04 CLEARING AND GRUBBING AC 1.0 25,000.00 25,000.00 A-05 UNCLASSIFIED EXCAVATION CY 500.0 55.00 27,500.00 A-06 UNDERCUT EXCAVATION CY 100 60.00 6,000.00 A-07 SELECT BORROW MATERIAL CY 2,000 60.00 120,000.00 A-08 TEMPORARY STREAM DIVERSION LS 1 15,000.00 15,000.00 A-09 INSTALL, MAINTAIN, AND REMOVE TEMPORARY BARRIER FENCE LF 500 22.00 11,000.00 A-10 REMOVE & DISPOSE OF EXISTING ASPHALT PAVEMENT SY 100 20.00 2,000.00 A-11 PLANT MIX BITUMINOUS CONCRETE SURFACE COURSE, TYPE S9.5C - COF SY 100 15.00 1,500.00 B-01 GROUT FILL EXISTING 36" CMP LF 180 250.00 45,000.00 B-02 BORE 48" RCP, CLASS III LF 200 3,000.00 600,000.00 B-03 INSTALL 6' DIAMETER SW MANHOLE, 8'-10' DEPTH EA 2 6,500.00 13,000.00 B-04 48" RCP CONCRETE HEADWALL EA 2 9,000.00 18,000.00 B-05 RIP RAP, CLASS 1 WITH FILTER FABRIC TN 62 175.00 10,850.00 B-06 SEEDING AND MULCHING, AC AC 1.0 5,500.00 5,500.00 C-01 REMOVE EXISTING 8" WATER MAIN LF - 10.00 - C-02 FURNISH & INSTALL NEW 8" RJ DUCTILE IRON WATER MAIN LF - 350.00 - C-03 FURNISH & INSTALL NEW 8" RJ GATE VALVE w/ VALVE BOX EA - 5,000.00 - C-04 CONNECTING TO EXISTING WATER MAIN EA - 2,500.00 - C-05 STERILIZATION & TESTING LF - 10.00 - C-06 TEMPORARY SUPPORT FOR 24-INCH MAIN DURING CONSTRUCTION LS - 50,000.00 - - - - - - Total Base Bid Items Amount (Sum of Extended Amounts for each Base Bid Line Item) $ 967,876.25 Contingency 10% $ 96,787.63 Construction Period Services 15% $ 145,181.44 Total Estimate $ 1,209,845.31 23  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: BOA 2024-05 The proposed text amendment takes excess funds from our interest-earned line item to cover the costs of replacing a lawnmower in the Recreation Department. 24  BUDGET ORDINANCE AMENDMENT BOA 2024 – 05 FISCAL YEAR 2023-2024 BE IT ORDAINED by the Governing Board of the Town of Erwin, North Carolina that the following amendments are made to the annual budget ordinance for the fiscal year ending June 30, 2024. Section 1. This Budget Ordinance Amendment seeks to Increase Revenues and Increase Expenditures by $14,735. This amendment is to account for increase in Recreation Department expenditures. Section 2. To amend the General Fund: The revenues are to be changed as follows: Account Description Current Approp. Increase/Decrease Amended Appropriation 10-3290-000 Interest Earned $100,000 (+) $14,735 $114,735 Section 3. To amend the General Fund: The Expenditures are to be changed as follows: Account Description Current Approp. Increase/Decrease Amended Appropriation 10-6200-740 Capital Outlay-Equip. $53,060 (+) $ 14,735 $ 67,795 Section 4. Copies of this budget amendment shall be furnished to the Clerk, the Governing Board, the Budget Officer and the Finance Director for their direction. Adopted this 4th day of April 2024. ___________________________________ Randy L. Baker, Mayor ATTEST: ______________________________ Lauren Evans, Town Clerk 25  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: SRO Reimbursement Agreement Amendment We have received an updated reimbursement agreement from Harnett County for our School Resource Officer. Harnett County increased our reimbursement threshold in this agreement. The updated agreement will reimburse the Town the full amount that we budgeted for in the current Fiscal Year. In the original agreement the maximum amount was $65,812.00. The new agreement includes a 3% increase in the allotted reimbursement amount at the start of the each subsequent Fiscal Year. We have also received an amendment to this agreement that has already been approved by Harnett County that would provide a $5,000 bonus to our current SRO. This is the same bonus that the SRO’s with the Harnett County Sheriff’s Office received. When we started this program we had two schools in Erwin. Therefore, we had a need for two School Resource Officers. The two schools were Gentry Primary School and Erwin Elementary. Triton High School has a deputy from the Harnett County Sherriff’s Office as the SRO. Harnett County was okay with us to move forward with this updated reimbursement agreement because on page one it only states Erwin Elementary School. 26 27 28 29 30 31 32 33  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: ARP Grant Project Ordinance Amendment We needed to make a few updates to our existing grant project ordinance for the funds from the American Rescue Plan. As a reminder, we decided to use the funds for revenue replacement after the final ruling came out on how the funds could be used. We did purchase a new street sweeper under the interim guidelines before the final ruling on how the funds could be used was issued. 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 Timothy D. Marbell Charles L. Byrd Amendment to Grant Project Ordinance ORD 2021-2022:001 David L. Nelson Town of Erwin William R. Turnage American Rescue Plan Act of 2021: Coronavirus State and Local Fiscal Recovery Funds ORD 2021-2022:001 Amendment BE IT ORDAINED by the Town council of the Town of Erwin, North Carolina that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following revised grant project ordinance is hereby adopted: Section 1: This ordinance is to amend a budget for the project funded by the Coronavirus State and Local Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (ARP/CSLFRF). The Town of Erwin (Town) has received tranche one on July 13, 2021 in the amount of $821,602.01 and tranche two on July 22, 2022 in the amount of $821,602.01 of CSLFRF funds. The total allocation is $1,643,204.02. These funds will be used for the following categories of expenditures, to the extent authorized by state law. 1. Under Interim Rule, purchased a Street Sweeper, allowable due to Clean Water Revolving Fund Storm water Project approved list. This equipment allows the Town to ensure roads are cleaner in the Town, so storm water from the roads going into ditches are less contaminated with pollutants. 2. Revenue Replacement to cover Government Services such as bank charges to establish new checking account and to allocate funds for Salaries and benefits, per department. Section 2: The Town has elected to take a standard allowance, as authorized by 31 CFR Part 35.6(d)(1) and expend all its ARP/CSLFR funds for the provision of government services. 35 Section 3: The following amounts are appropriate for the project and authorized for expenditure: Internal Project Description Expenditure Cost Appropriation Project Description Category Object of ARP/CSLFRF Code (EC) Funds 001 Street Sweeper 6.1 Equipment $227,546.00 002 Administration 6.1 Salaries $233,226.24 Services for July 1, 2021 – December 2024 003 Planning 6.1 Salaries $ 72,099.59 Services for July 1, 2021 – December 2024 004 Police 6.1 Salaries $714,496.02 Services for July 1, 2021 – December 2024 005 Public Works-Admin. 6.1 Salaries $ 70,774.97 Services for July 1, 2021 – December 2024 006 Public Works-Street 6.1 Salaries $140,887.62 Services for July 1, 2021 – December 2024 007 Public Works-Sanitation 6.1 Salaries $ 42,464.98 Services for July 1, 2021 – December 2024 008 Parks & Recreation 6.1 Salaries $141,549.92 Services for July 1, 2021 – December 2024 009 Bank Charges 6.1 Admin $ 158.67 TOTAL $1,643,204.02 36 Section 4: The following revenues have been received and available to complete the project: ARP/CSLFRT Funds: $1,643,204.02 Section 5: The Finance Director is to maintain sufficient specific detailed accounting records to satisfy the requirements of the grantor agency and the grant agreements, including payroll documentation in accordance with 2 CFR 200.430 & 2 CFR 200.431 . Section 6: The Town Manager is hereby directed to report the financial status of the project to the governing board on a quarterly basis. Section 7: This Amended Grant Ordinance shall be entered into the minutes of the Board after adoption and copies furnished to the Town Manager, Finance Director and to the Clerk to Town Council. Section 8: This Amended Grant Project Ordinance expires on December 31, 2026, or when all the ARP/CSLFRF funds have been obligated and expended by the Town, whichever occurs sooner. Adopted this 4th day of April, 2024 ____________________________________ Randy Baker Mayor Attest: _______________________________ Lauren Evans Town Clerk 37 38 39  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: Storm Water Grant Project Ordinance We have submitted all the requested documentation to the State of North Carolina. We are waiting to receive a letter of intent to fund the project from the State of North Carolina. Once we receive that letter we will put out an RFQ to find an engineering firm to help us with this project. There is a lot of interest in this project. The plan with this grant is to create a storm water management plan by mapping our storm water system. 40  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 Storm Water Grant Project Ordinance Charles L. Byrd ORD 2023-2024 : 008 David L. Nelson Town of Erwin William R. Turnage Storm water Management NCDEQ – Division of Water Infrastructure S.L. 2023-134 Water/Sewer Directed Projects BE IT ORDAINED by the Town council of the Town of Erwin, North Carolina that, pursuant to Section 13.2 of Chapter 159 of the General Statutes of North Carolina, the following grant project ordinance is hereby adopted: Section 1: This ordinance is to adopt a budget for the project funded by the NCDEQ Division of Water Quality, Division of Water Infrastructure for S.L. 2023-134 Water/Sewer Directed Projects. The Town of Erwin (Town) will receive the amount of $485,000 for a storm water Management Plan. These funds will be used for the following category of Engineering Cost: Engineering Design $485,000. to the extent authorized by state law. Section 2: The following amounts are appropriate for the project and authorized for expenditure: Project Budget Funding Amount Total Cost Amount From S.L. 2023-134 Engineering Cost/Design $485,000 $485,000 Section 3: The following revenues will be available to complete the project: NCDEQ, Division of Water Infrastructure Funds: $485,000 Adopted this 4th day of April 2024 ____________________________________ Randy Baker Mayor Attest: _______________________________ Lauren Evans Town Clerk 41  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: Historical Bench Program The Town would like to undertake a project to improve the appearance of the community, and find a way to show off and preserve our rich history with a “Historical Bench Trail”. The proposed plan calls for benches to be placed in certain areas that can be placed in memory or in honor of someone. The proposed plan calls for benches that are similar to the bench that was placed in front of the Erwin History Room for Aiden Johnson’s Eagle Scout project. The proposed benches would not be as detailed as that bench. They would have one design on them per bench. Each design would be determined and approved by Town Staff. The placement of each bench will be near the area that the design is in honor of. As an example, a bench in honor of the Erwin Mill would be placed near the site of the Central Carolina Industrial Park (the former site of the Erwin Mill). Some of the proposed locations would require the Town to obtain permission to place the bench. The proposed plan calls for people to make donations to cover the entire cost of each bench. There would be no cost to the Town. There is a similar program in the Town of Wake Forrest, NC that has been successful. The benches would be made and installed by R&M Metal Works. R&M Metal Works is a company located in the Town of Erwin. 42  Erwin Historical Bench Committee Background, Purpose, and Guidelines Background: The Town of Erwin has been an area of rich history since its inception in 1903 under its former name of Duke. Since then many changes and evolutions have taken place to produce what Erwin is today. Even though many things have changed throughout the community of Erwin the importance of its history has not. Citizens of Erwin enjoy their deep ties to the area and what their ancestors did in order to create what the town is today. Therefore citizens shall have the ability to donate and give back to the history of Erwin for all to enjoy and learn from. It has been deemed that benches shall be placed in areas of historical significance provided by donations from the public in order to cement Erwin’s deep historical roots and to honor loved ones who have provided much for the town. Purpose and Composition: The purpose of the Historical Bench Committee is to (i) designate locations to be significantly historical for benches to be placed, (ii) approve design of benches placed, (iii) approve name plate if purchased (iv) oversee the historical bench project, (v) ensure funds received for benches are being used solely for the building and installing of benches, (vi) report any damage that can be seen to be fixed if feasible. Composition of the committee shall be made of • 2 members of the Erwin Historical Society • 1 member from the Erwin Board of Commissioners • 1 member from the Erwin Area Chamber of Commerce • 1 member of the Erwin Planning Board • 1 member from the Erwin Lions Club • 1 at-large resident living in Erwin • 1 Town Staff member Meetings: The Historical Bench Committee shall meet once every quarter to discuss any relevant updates on any potential sites for benches, progress of installation of benches, design of benches and any other business relating to the Historical Bench Committee. Duties and Responsibilities: • Erwin’s Town Manager or their designee will be responsible for handling bench request and possible locations to be approved by the board 43  • The Town of Erwin shall be responsible for the handling of funds donated by the public being used for the purchasing and installation of benches. • The Erwin Historical Bench Committee shall reserve the right to deny certain language or quotes on any memorial plaques if they are deemed to be profanity or indecent. Design of Benches: It is the purpose of the Erwin Historical Bench Project to install benches that are designed to memorialize locations of historical significance to the Town’s original founding, along with significant character defining locations. All designs on benches shall be in agreement with the location in which they are placed. List of Designated Sites: • Next to Erwin Fire and Rescue Department o Bench to memorialize the Erwin Fire and Rescue Department • Near the gazebo on the Central Carolina Industrial Park o Bench to memorialize the mill • First block of East H Street (two benches on the Dunn-Erwin Rail Trail) o Bench to memorialize the first bank in Erwin and the Old Park Center • Bench on the fourth block of East H Street (near Good Hope Hospital) o Bench to memorialize Good Hope Hospital • Bench near East F Street and Erwin Elementary o Bench to memorialize Erwin High School • Bench near Presbytery of Coastal Carolina o Bench to memorialize one of the first churches of Erwin • Bench near Cape fear River Park o Bench to memorialize the Riverview Airport/ Erwin Airport / original bridge • Bench near Police Department o Bench to Memorialize those who have served in the armed forces and those who have served in the police department Policies for Benches • Donor will be responsible for 100% of the cost of the bench/installation. • Duplicate bench designs will not be allowed. • Donors cannot design their own bench. • If a resident has a suggestion for a bench design, they can submit it to the Town Manager or his designee for their consideration. • The person or business owner that makes the donation will be required for the full costs of the bench including the installation of the bench. 44 • Bench locations will be predetermined by the Town of Erwin Staff and the Historical Bench Committee. • Benches shall be placed in locations of town that are considered to be “historically significant” by the Town Board or their designated appointee(s). • The design on each bench will be predetermined by Town of Erwin Staff and the Historical Bench Committee based of the historical location in which it will reside. • At the donor’s option, the name of the loved one (or business name) may be memorialized with a small plaque next to the bench. o Ex: This bench was donated by ____ in honor/memory of _____. o Name on plaque shall require a background check prior to bench placement. o No inappropriate language nor lyrics shall be posted on the plaque. • Non-perishable items such as photos, plastic flowers and beads are not permitted and shall be removed. • The Town of Erwin will make every reasonable effort to maintain the benches but will not be responsible for acts of nature, damage or vandalism. • At the Town’s discretion, the town may make repairs to the bench if feasible. But are not required to replace or repair any damaged benches. • The Town of Erwin reserves the right to remove or relocate a bench if the Town determines that removal is in its best interest. • Benches will be placed as donations for benches are received in complete amount and designated builder of said benches are complete with the building of said bench and has been approved by the Historical Bench Committee. 45  Town of Erwin Historical Bench Naming Rights Application First Name Last Name Address City/State/Zip Home Phone Cell Phone Email Would you like to have a name memorialized on a plaque next to the bench? ☐ Yes ☐ No Would you be willing to have a background check performed for the name on the plaque? Yes, I would be willing to have a background check preformed for ☐ the name of the individual on the memorial plaque. No, I would not be willing to have a background check preformed ☐ for the name of the individual on the plaque. Name of individual or organization: Historical location chose Plaque message 46 BENCHMARKING FOR OUR HISTORY Honorable Mayor Baker & Erwin Town Commissioners 47  A BENCH FOR OUR PAST The Town of Erwin and its Board of Commissioners along with the Mayor find that the history of the community to be of utmost importance and should be remembered by its community members and visitors. Therefore, a historical bench program shall be established for citizens and others to purchase approved benches through the town at specific locations to memorialize our Town’s rich historical background. 48  HISTORICALLY RICH COMMUNITY The Town of Erwin has a vibrant and rich history which goes back decades even prior to the Town’s incorporation in 1967 and its change of name in 1927 when the name was changed to Erwin from Duke. Textiles not only built North Carolina, but was the predominate reason Erwin is what it is today. Starting off as a mill town in the early 1900’s Erwin has withstood the test of time and has continued to change and evolve since those days to become what it is now, a thriving and growing community along the Cape Fear. However, even though the Town changes our commitment to our past, present, and future does not. This being said, to honor our past a historical bench program shall be established to commemorate locations within our Town that shaped what it is today. 49  PROGRAM POLICES • Erwin’s Town Manager or their designee will be responsible for handling bench request and possible locations to be approved by the board • The Town of Erwin shall be responsible for the handling of funds donated by the public being used for the purchasing and installation of benches. • Donor will be responsible for 100% of the cost of the bench/installation. • Duplicate bench designs will not be allowed. • Donors cannot design their own bench. • If a resident has a suggestion for a bench design, they can submit it to the Town Manager or his designee for their consideration. • The person or business owner that makes the donation will be required for the full costs of the bench including the installation of the bench. • Bench locations will be predetermined by the Town of Erwin Staff and the Historical Bench Committee. • Benches shall be placed in locations of town that are considered to be “historically significant” by the Town Board or their designated appointee(s). • The design on each bench will be predetermined by Town of Erwin Staff and the Historical Bench Committee based of the historical location in which it will reside. • At the donor’s option, the name of the loved one (or business name) may be memorialized with a small plaque next to the bench • Ex: This bench was donated by ____ in honor/memory of _____. • Name on plaque shall require a background check prior to bench placement. • No inappropriate language nor lyrics shall be posted on the plaque. • Non-perishable items such as photos, plastic flowers and beads are not permitted and shall be removed. • The Town of Erwin will make every reasonable effort to maintain the benches but will not be responsible for acts of nature, damage or vandalism. • At the Town’s discretion, the town may make repairs to the bench if feasible. But are not required to replace or repair any damaged benches. • The Town of Erwin reserves the right to remove or relocate a bench if the Town determines that removal is in its best interest. • Benches will be placed as donations for benches are received in complete amount and designated builder of said benches are complete with the building of said bench and has been approved by the Historical Bench Committee. 50  SITE LOCATIONS • Next to Erwin Fire and Rescue Department • Bench to memorialize the Erwin Fire and Rescue Department • Near the gazebo on the Central Carolina Industrial Park • Bench to memorialize the mill • First block of East H Street (two benches on the Dunn-Erwin Rail Trail) • Bench to memorialize the first bank in Erwin and the Old Park Center • Bench on the fourth block of East H Street (near Good Hope Hospital) • Bench to memorialize Good Hope Hospital • Bench near East F Street and Erwin Elementary • Bench to memorialize Erwin High School • Bench near Presbytery of Coastal Carolina • Bench to memorialize one of the first churches of Erwin • Bench near Cape fear River Park • Bench to memorialize the Riverview Airport/ Erwin Airport / original bridge • Bench near Police Department • Bench to Memorialize those who have served in the armed forces and those who have served in the police department 51 SITE MAP 52  REQUEST FOR HISTORICAL BENCH COMMITTEE • To ensure that all major historical locations within the municipal jurisdiction are accounted for, the Town of Erwin staff recommend that a Historical Bench Committee be formed to give insight and recommendations where Benches should be located. To ensure accuracy the committee should include at minimum: • 2 members of the Erwin Historical Society • 1 member from the Erwin Board of Commissioners • 1 member from the Erwin Area Chamber of Commerce • 1 member of the Erwin Planning Board • 1 member from the Erwin Lions Club • 1 at-large resident living in Erwin • 1 Town Staff member 53  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 RESOLUTION ESTABLISHING THE Timothy D. Marbell ERWIN HISTORICAL BENCH Charles L. Byrd COMMITTEE David L. Nelson William R. Turnage April 4th, 2024 WHEREAS, the Town of Erwin has been rich in history since its inception in 1903 under its former name of Duke Township and its official incorporation in 1967 under the name of Erwin; and WHEREAS, since the Town’s inception and incorporation many changes have taken place to create what Erwin is today at its current state; and WHEREAS, it is the belief of Citizens that they should be allowed to purchase benches to be installed within areas of historical significance through solicitation of the Town of Erwin; and WHEREAS, it is the belief of the Erwin Board of Commissioners and Town Staff that locations of historical significance to the Town be memorialized to preserve its rich history and to retain its character through growth and development to continue share Erwin’s deep historical roots. THEREFORE, the Erwin Historical Bench program be established to memorialize historical locations within Town to help preserve its rich character and culture. THEREFORE, the Erwin Historical Bench Committee be established to manage requests and locate areas of historical significance for the Historical Bench Program. THERFORE, BE IT RESOLVED that the recommended policies and guidelines be adopted and enacted in regards to the Erwin Historical Bench Program to ensure that historical locations within the Town of Erwin are celebrated and remembered for generations to come. ADOPTED, this the 4th day of April, 2024. ATTEST: _____________________________ _______________________________ Randy Baker Lauren Evans NCCMC Mayor Town Clerk 54  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: Community Building Renovation We have had a hard time trying to get bids to complete this project. We have reached to other firms and we have not had any interest in the project. The last quote that we had on this project was over $100,000.00. We have a quote to complete the renovations of the bathrooms at the Erwin Community Building. The quote is for $89,000.00. The quote is from a creditable company that should do a good job. This quote is within the budgeted amount for this project. We should be able to complete some other minor improvements such as painting the building and fix the crown molding as well once we get the bathrooms renovated. 55  Kevin Tyndall Builders, Inc. Estimate 1014 West Core Road Date Estimate # Dunn, NC 28334 Phone # (910) 237-4237 3/7/2024 3838 tyndallbuilders@embarqmail.com Name / Address Town of Erwin Supervisor Project Community Building Community Building Description Qty Total Erwin Community Building Bathroom Remodel Demo - Including removing all tile, concrete floor, block wall and fixtures Dispose of all debris Plumbing - To include removing all drain lines, water lines. Replacing with new lines and all new fixtures Repour concrete floor Install wiring as needed on walls removed including new lights, heaters, etc. Install new masonry walls as needed to enlarge bathroom and handicap accessories. Install new bathroom stall surrounds Install new vanities, sinks, etc Install new tile floor Paint to customers preferences Material and Labor 89,000.00 Total Total $89,000.00 56  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: Al Woodall Park Gym Roof We have two quotes to replace the roof on the gym at Al Woodall Park. We want to replace the existing metal roof with a new metal roof. Both quotes also include replacing the insulation that is under the roof. The proposed new roof will not have skylights in it like the current one has. In the current budget, we included funds of $60,000.00 to complete this project. We have funds that we could transfer in the current budget to complete this project. 57 58 59 60 61  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Phone: 910-897-5140 · Fax: 910-897-5543 www.erwin-nc.org Ricky W. Blackmon Commissioners 03/25/2024 Alvester L. McKoy Timothy D. Marbell Charles L. Byrd Red Hill Church Major Subdivision David L. Nelson Memorandum William R. Turnage Subdivision Description The Town of Erwin has received and preliminary major subdivision plat for 12 single- family homes zoned as RD (Rural District) to be built off of Red Hill Church Road located by its Harnett County Tax Pin 1507-47-5272 by the applicant Long Land Development. Said subdivision is within the Town of Erwin’s Planning Jurisdiction and approximately .6 of a mile north of the Town’s corporate limits and is 8.13 acres in size. Homes on said subdivision will have lot sizes varying from 25,000 Sq. Ft to 30,000 Sq. Ft. To access the said subdivision the developer intends to build a residential street built to NCDOT road standards and be later turned over to NCDOT for the maintenance of the road. Prior to the naming of the street and final plat submission the developer must ensure that there are no other roads sharing the same name within the Town through Harnett County. According to Harnett County GIS both watershed HUC8 and HUC12 go through the south of the property. Prior to the issuance of the final plat, a permit from North Carolina Department of Environmental Quality. Along with receiving approval from NCDEQ in regards to storm water due to the project being over 1 acre. Due to the fact that sewer is not accessible to the property all homes to be built must be on their own septic tank, which has already been approved by a licensed soil scientist. Regulation Per The Erwin Code of Ordinances subdivision section, along with RD zoning classifications all requirements for preliminary plats have been met and the produced residential lots are compliant with all RD zoning regulations including lot size, required frontage, and width. Required Improvements Prior to the final plat being submitted the applicant must show that they have made all of the required improvements per Erwin’s subdivision ordinances, meet all RD zoning regulations, and obtain the proper permits from affiliated agencies. Upon submission of the final plat the 62 63 64 65 66 67 68 69 70 71 72 73 applicant must have received approval from NCDEQ in regards to the Watershed affecting the property. Along with approval from NCDEQ in regards to storm water due to more than 1 acre being disturbed. The applicant must also have an approved permit from NCDOT stating that the roads are being constructed to NCDOT standards. A permit is also required from Harnett Regional Water stating that the waterlines to be extended to the property is constructed to HRW Standards. HRW has stated that in order to have the density/style of home that the applicant would like improvements will have to be made to HRW lines in regards to pressure for fire hydrants to obtain clearance from Harnett County Fire Marshall. The current gallons per minute for the nearest hydrant is 404.7 gpm and Harnett County Fire Marshall requires at least 500 gpm. Harnett Regional has stated that these improvements to increase water pressure have already been approved for later this year to increase the gpm to the required 500 gpm. If the improvements to the water lines are not made and the gpm is not met, then the development will require a specific upgrade to the water lines for the homes to be created within the subdivision increasing the gpm to the required 500 gpm to receive approval from the Harnett County Fire Marshall. Images 74 75 76  Harnett GIS NOT FOR LEGAL USE Harnett County GIS ² Flood Map Index RoadCenterlines Watershed HUC8 County Boundary Parcels Address Numbers Watershed HUC12 GIS/E-911 Addressing 0 80 160 320 March 7, 2024 77 Feet  Harnett GIS NOT FOR LEGAL USE Harnett County GIS ² Flood Map Index Parcels ZoningDistricts County Boundary Watershed HUC12 RD Address Numbers Watershed HUC8 ETJ GIS/E-911 Addressing RoadCenterlines 0 80 160 320 March 7, 2024 78 Feet  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: Accessory Dwelling Unit Text Amendment The Town of Erwin has received a text amendment application. The proposed text amendment would allow for accessory dwelling units to be allowed in the Town of Erwin. Currently, accessory dwellings are not allowed. Accessory structures are not allowed to be used for residential purposes per our Code of Ordinances. Current definition below: Use, accessory, means a subordinate building or use, the use of which is incidental to that of the principal building or use on the same lot. Under no circumstances shall an accessory building be used for residential occupancy (i.e., swimming pools and satellite dishes). One of the goals in our 2023 Land Use Plan is to allow for a variety of residential land uses. All of the other municipalities in Harnett County allow for accessory dwellings. After a good discussion, the Planning Board recommended that this text amendment be approved. We do have a public hearing scheduled at our April Town Board meeting for this proposed text amendment. I would like to highlight two items that warrant discussion in the proposed text amendment that we received. 2. Only one (1) accessory dwelling is permitted per residency on lots less than 15,000 square feet, two (2) may be permitted per additional 15,000 square feet of property. Under no circumstance shall more than two (2) be placed on a single residential lot. 9. Accessory dwellings may be on the same water and utilities as the principal structure. Harnett Regional Water will not allow this. This language is found in a bill that has not become a state law yet. If the bill does become a law than it would be allowed. 79 The proposed text amendment is based on language that is found in surrounding municipalities Town Code(s). It is also based on language that is found in two separate bills that are currently being considered in the North Carolina General Assembly. The bills have not become law yet. If the bills become law then we would have to make changes to our Town Code to be in compliance with the new legislation. 80 81 82  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: Proposed Highway 421 Overlay District, ZT-2024-003 One of the goals in our 2023 Land Use Plan was to “consider the development of a US 421 Commercial Overlay District”. Our Town Planner Dylan Eure has put together a proposed HWY 421 Overlay District that will meet that goal. The purpose of this overlay district is to enhance any future development(s) off of HWY 421. The proposed district does place extra standards on any future commercial development(s). But the extra standards are not an unfair burden. As the Town continues to grow, we will continue to see growth off of Highway 421. This proposed overlay district will be a step in the right direction. The proposed overlay district includes the extra standards highlighted in the 2023 Land Use Plan. The proposed overlay district was created based on information found in existing overlay districts in surrounding municipalities. The Planning Board recommended this overlay district for approval. Before we can take any action on moving forward with this proposed overlay district we have to hold a public hearing. We have to notify all impacted property owners. Town Staff is happy to make any changes that any of you see fit. If the consensus of the board is to move forward with this overlay district we will need to set a public hearing for our May Town Board meeting. 83  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Phone: 910-897-5140 · Fax: 910-897-5543 www.erwin-nc.org Ricky W. Blackmon Commissioners Alvester L. McKoy 03/25/2024 Timothy D. Marbell Charles L. Byrd David L. Nelson ZT-2024-003 William R. Turnage Erwin Highway Overlay District Memorandum Zoning Description The Town of Erwin wishes to create an additional zoning layer that reaches 600 ft in either direction from the center line along of U.S. 421 / E Jackson Blvd. The purpose of a Zoning Overlay District is to require additional development regulations for all non-residential and non- religious intuitions that may develop or expand in the future. Said additional regulations include dimensional standards, building materials, landscaping, parking, and sidewalk / street scape standards. Standards are designed to prevent areas of blight, reduce traffic coming on and off of U.S.421, minimize safety hazards, and promote overall community appeal and connectivity. This would not change the current zoning of the properties, but rather add an additional zoning layer for those who are above classified. Per the 2023 Erwin Land use Plan LUH 7 states that Erwin is to establish a 421overlay to set standards for the major corridor in order to guide positive growth for the Town. Trade Offs The current language of the Overlay requires any affected groups or individuals to adhere to all of the proposed regulations. This would not only require regulations to take place along U.S. 421/E Jackson Blvd, but also parcels that are within the 600 ft of the center line of 421/E Jackson Blvd that front other streets. Such as NC 55, N13th, Masonic Rd, St. Matthews Rd, Professional Pkwy, and Shriji Ln. However, if deemed inappropriate the diction can be altered to only apply to 421. Due to the increased regulation this may cause local businesses to avoid development along US 421. By forcing adherence this will increase the amount of money that it will take to develop land along US 421 making it harder to start a businesses within the location of the affecting overlay. Methodology In order to create the Erwin Highway Overlay District a variety of municipalities were benchmarked and evaluated to establish a Highway Overlay District that would best fit the Town of Erwin. Municipal agencies that were used during the process of building the Erwin Highway Overlay District are Lillington, Coats, Dunn, Wake Forest, Knightdale and Kenly along with the previously discussed Med-Ed Corridor Overlay that was offered by the Mid-Carolina COG. 84 Legality North Carolina General Statue §160D-703 (4) empowers local governments to divide its jurisdiction into zoning districts including overlay districts in which different requirements are imposed on certain properties within one or more underlying conventional, conditional, or formed-based districts. Per NC General Statutes the Erwin Highway Overlay District is permissible by the State of North Carolina. 85 E.H.O.D. – Erwin Highway Overlay District A. Purpose It is the intent of the Highway Overlay to protect natural resources, provide landscaping improvements, ensure connectivity, ensure adequate walking spaces, and enhance the overall appearance of the corridors identified. Development standards from the Erwin Highway Overlay District apply to all parcels within 600 feet of the Right-of-way on both sides of the corridor. In cases where a portion of a tract of land lies within the overlay district, the entire tract shall fall into the same regulation as the overlay. The Erwin Highway Overlay District is established to: 1. Prevent unsightly conditions that may destroy or detract the natural character, beauty, or condition of the area. 2. Reduce the amount of traffic coming on and off of the corridors. 3. Minimize potential safety hazards that may exist along the corridors. B. Area of Applicability The major highway corridor of which is affected by Erwin’s Highway Overlay District is U.S. 421/E Jackson Blvd within only the corporate limits of the Town. Said overlay would impact all non-single family buildings and non-religious institutions including but not limited to businesses and multi-family dwellings. C. Specific Development Standards 1. Dimensional Standards a. At no time shall any development not face the nearest Right-of-way. All non-single family developments are required to front the nearest accessible Right-of-way, and be accessed internally. In the event of a parcel abutting two Right-of-ways, the buildings should face the heavier trafficked Right-of-way, and access via the Right-of-way, or by a newly constructed street. b. At no time shall any developments loading area face the public Right-of-way. All loading areas shall be located at the rear or side of the establishment as long as it does not face a public Right-of-way. c. For additional standards see the corresponding zoning jurisdiction in which a parcel is related to for setbacks requirements. 2. Building Materials a. At no time should any buildings be made entirely of materials that are prone to deterioration or weathering causing the building to become a blight throughout ageing. b. Buildings may be accented with other materials but are limited to twenty percent (20%) of the façade. c. To avoid blight, all non-residential facades shall be made of at least eighty percent (80%) one the following materials: i. Brick Masonry ii. Wood iii. Stone 86  iv. Architectural Concrete v. Vinyl Siding d. Facades to be prohibited: i. Metal 3. Landscaping Standards a. Parking lots, loading areas, and other vehicle use areas shall be planted with one (1) tree and (2) shrubs for every ten (10) parking spaces required. b. At least 65 percent (65%) of the required parking lot trees shall be large shade trees. c. Trees and shrubs shall be planted within 15 feet of the vehicle use areas. d. Developments containing 30 or more parking spaces, at least half or 50 percent (50%) of the trees and shrubs must be planted in islands or medians spaced throughout the parking area. e. A consecutive strip of parking places shall include landscape islands every 20 spaces apart and at the end of all parking rows. f. Land scape islands shall be grass and mowed, covered with organic materials (ex: pine mulch) g. For specific parking guidelines see Article XVIII entitled Parking and Loading within Chapter 36 of the Erwin Code of Ordinances. 4. Parking Lot Standards a. Developers of non-residential properties shall be required to have shared driveways and parking areas with adjoining developments. If there is no current adjoining development, the development shall make modifications for a future connection to be made by the adjoining developer. b. All areas designated for trash or refuse shall be screened from the public eye with a minimum height of 1 foot above the highest point of the trash receptacle. Materials for the screen shall be natural or made of masonry materials. (ex: wood, stone, or brick) c. For specific parking guidelines see Article XV entitled General Provisions Chapter 36 of the Erwin Code of Ordinances (Sec. 36-436. & Sec. 36-441.) 5. Sidewalk / Street Scape Standards a. Any non-single family development shall be required to install ADA compliant sidewalk along their portion of the Right-of-way upon development. If the property that is being developed does not abut a Right-of-way, then no sidewalk installation is required. b. Sidewalks shall be separated from the nearest Right-of-way by a minimum of a 5 ft. grass landscaping buffer compromised of street trees placed at 15 – 20 ft. increments. c. Areas located between sidewalks and parking areas shall be compromised of a minimum 4 ft. vegetation buffer containing grass. 6. Signage Standards a. All standalone signs shall be made of primarily masonry materials surrounded by a natural base of shrubs and other small plants. 87 b. For specific signage guidelines please see Article XIX entitled Sign Regulations within Chapter 36 of the Erwin Code of Ordnances. 88 89  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: Penalty Text Amendment Erwin Town Staff wishes to amend Chapter 36 of our Town Code involving the fines that the Town can charge for code violations. The proposed changes also clear up some language involving the threshold for the level of fine(s) we can charge for code violations. The Planning Board recommended that these changes be approved. 90  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: Honorable Mayor and Board of Commissioners From: Dylan Eure, Town Planner Date: March 25, 2024 Subject: Penalty Amendment The Town of Erwin Staff wishes to amend Chapter 36 of the Erwin Code of Ordnances within Article XX (10) Administration and Enforcement, Section 36-584 Penalty. Said amendment would allow staff to enforce code and zoning regulations throughout the Town of Erwin. The way the current penalties are written limits the Town from issuing higher fines which will result in faster compliance with our ordinances. This effort is to begin the process of cleaning areas of towns and ensuring zoning regulations are being properly followed. Legality NC General Statues 14-4 (Violation of local ordinances misdemeanor) states that (a) Except as provided in subsection (b) or (c) of this section, if any person shall violate an ordinance of a county, city, town, or metropolitan sewerage district created under Article 5 of Chapter 162A, he shall be guilty of a Class 3 misdemeanor and shall be fined not more than five hundred dollars ($500.00). No fine shall exceed fifty dollars ($50.00) unless the ordinance expressly states that the maximum fine is greater than fifty dollars ($50.00).(b) If any person shall violate an ordinance of a county, city, or town regulating the operation or parking of vehicles, he shall be responsible for an infraction and shall be required to pay a penalty of not more than fifty dollars ($50.00). (c) A person may not be found responsible or guilty of a local ordinance violation punishable pursuant to subsection (a) of this section if, when tried for that violation, the person produces proof of compliance with the local ordinance through any of the following: (1) No new alleged violations of the local ordinance within 30 days from the date of the initial alleged violation.(2) The person provides proof of a good-faith effort to seek assistance to address any underlying factors related to unemployment, homelessness, mental health, or substance abuse that might relate to the person's ability to comply with the local ordinance. (1871-2, c. 195, s. 2; Code, s. 3820; Rev., s. 3702; C.S., s. 4174; 1969, c. 36, s. 2; 1985, c. 764, s. 2; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1991, c. 415, s. 1; c. 446, s. 1; 1993, c. 538, s. 8; c. 539, s. 9; 1994, Ex. Sess., c. 24, ss. 14(b), 14(c); 1995, c. 509, s. 133.1; 2021-138, s. 13(c).) Un-amended Diction The administrator shall be authorized to use any one or more of the methods described in this section, or action authorized by law, to ensure compliance with or to prevent a violation of the provisions of this article. 91 (1)Civil penalties. Any person, corporation, LLC or other entities, who violate any provision of this article may be subject to assessment of the maximum civil penalty of up to $500.00 per violation. Civil citations. A civil citation shall be issued by the administrator of the town planning department to any person, corporation, LLC, or other entity, failing to take corrective action according to and within the specific compliance period ordered by the administrator. Each day such violation exists after the expiration of the compliance period shall constitute a separate offense and be charged as a separate violation. Each said violation shall be subject to a civil penalty in the amount of $100.00 per day until such violation has reached compliance. Failure to pay the penalty within 15 days from the receipt of the notice of civil penalty shall subject said person, corporation, LLC, or other entity to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the court. Amended Diction The administrator shall be authorized to use any one or more of the methods described in this section, or action authorized by law, to ensure compliance with or to prevent a violation of the provisions of this article. (1)Civil penalties. Any person, corporation, LLC or other entities, who violate any provision of this article may be subject to assessment of the maximum civil penalty of up to $500.00 per violation. Civil citations. A civil citation shall be issued by the administrator of the town planning department to any person, corporation, LLC, or other entity, failing to take corrective action according to and within the specific compliance period ordered by the administrator. Each day such violation exists after the expiration of the compliance period shall constitute a separate offense and be charged as a separate violation. Each said violation shall be subject to a civil penalty ranging in the amount of $50.00 - $500.00 per day until such violation has reached compliance or the sum of penalties has reached the amount that it requires to fix said violations. Failure to pay the penalty within 15 days from the receipt of the notice of civil penalty shall subject said person, corporation, LLC, or other entity to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the court. Penalty Schedule: Citation Penalty Warning Citation N/A Official Citation $50 Second Citation $100 Third Citation $250 Fourth & Subsequent Citations $500 92  Erwin Board of Commissioners REQUEST FOR CONSIDERATION To: The Honorable Mayor and Board of Commissioners From: Snow Bowden, Town Manager Date: March 25, 2024 Subject: Text Amendments to Chapter 36 Defininitions Town Staff has prepared a number or text amendments to our Chapter 36 in our Town Code. These proposed amendments include definitions of land uses that are not already defined in our Town Code. They also include potential zoning districts that they should be allowed. Before we schedule a public hearing for these proposed text amendments we wanted to share them with you for your consideration and discussion. We already have a few of these types of businesses in Town but they are not defined in our Town Code. Town Staff wishes to go ahead and define these land uses. Proposed definitions: 1. Arcades- An establishment that is tailored to entertainment through forms of arcade games such as but not limited to pinball, air hockey, skee-ball, or any other electro- mechanical games, but does not include a casino or any other form of gambling. May contain areas for refreshments and food, however, not required. In order to sell alcoholic beverages the owner of the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission (ABC). 2. Ax Throwing- A facility in which contains at least 3 (three) 12 ft. lanes with each being separated by a minimum 9 ft. tall fencing that is a minimum of 15 ft. long for the purpose of throwing axes/knives at a designated target for sport and recreation and may contain areas for refreshments food. In order to sell alcoholic beverages the owner of the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission (ABC). 3. Bowling Alley- A long narrow track of at least 5 lanes which balls are rolled down for the purpose of knocking down pins for competition or enjoyment and that may contain areas for refreshments and food. In order to sell alcoholic beverages the owner of the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission (ABC). 4. Escape Room- A business in which creates rooms where individuals are voluntarily locked in a confined area requiring them to solve a series a puzzles before a certain amount of time expires. 93  5. Laser Tag- An indoor recreational shooting sport where individuals use infrared-emitting light guns to tag designated targets and may contain areas for refreshments food. In order to sell alcoholic beverages the owner of the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission (ABC). 6. Pool Halls- An establishment that contains at least 2 or more pool/billiards tables with a pool table, cues, balls, racks, and that may contain areas for refreshments and food. In order to sell alcoholic beverages the owner of the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission (ABC). 7. Rage Room-A business in which rents out rooms located within their building for the purpose of stress relief and venting anger in which items are destroyed and disposed of in a safe and cautionary manner and that may contain areas for refreshments and food. In order to sell alcoholic beverages the owner of the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission (ABC). 8. Proposed Land Uses Land Use B-2 Highway Business M-1 Industrial CB Central Business Arcades Permitted Permitted Axe Throwing Permitted Permitted Permitted Bowling Alley Permitted Special-Use Escape Room Permitted Permitted Permitted Laser Tag Permitted Permitted Pool Hall Special Use Rage Room Permitted Permitted Permitted The Planning Board recommended all of the proposed definitions. They did recommend that pool halls be allowed as a permitted use in our B-2 (Highway Business) and M-1 (Industrial District). 94