On the agenda: Winterville September 14, 2026 Regular Meeting Agenda Packet — Flock Camera (Sep 14)

WINTERVILLE TOWN COUNCIL AGENDA
MONDAY, SEPTEMBER 14, 2026 - 6:00 PM
WINTERVILLE TOWN HALL ASSEMBLY ROOM
I.

CALL TO ORDER.

II.

INVOCATION.

III.

PLEDGE OF ALLEGIANCE.

IV.

WELCOME.

V.

ROLL CALL.

VI.

APPROVAL OF AGENDA.

VII.

RECOGNITION OF EMPLOYEES
1. Britnee McMahon, Police Officer, Police Department.

VIII.

PROCLAMATIONS:
1. National Hispanic Heritage Month.
2. Public Power Week – October 4 – 10, 2026.

IX.

PUBLIC COMMENT: The Public Comment period of thirty minutes provides an opportunity for
residents to comment on any item included in the agenda or to address the Town Council on
any other matter related to the Town of Winterville. For an item included in the Public Hearing
section of the agenda, residents should address the Council at the time the Mayor invites public
comment on the item. No public comment may be made to the Council during the meeting,
except during the Public Comment period or as part of a Public Hearing. Individual speakers are
limited to a maximum of three minutes, and no more than three speakers may address the
Council on a single matter. The Town Council may elect to take no action on the matter
addressed by a speaker, may schedule the matter for further consideration at a future Council
meeting, or may refer the matter to Town staff for disposition. Copies of the Town Public
Comment Policy are available in the rear of the Assembly Room.
1. Michael Ball, Speed Limit Signs in Villa Grande.

X.

CONSENT AGENDA: The following items are considered routine in nature and will not be
discussed by the Town Council unless a Councilman or citizen requests that an item be
removed from the Consent Agenda for further discussion. The Mayor may allow citizens to
address an item or ask questions.
1. Approval of Council Meeting Minutes.
2. Carroll Crossing Section 4 Annexation: Schedule Public Hearing for October 12, 2026.
3. Zoning and Subdivision Ordinance Amendment Proposal - Sidewalks and Dumpsters;
Schedule Public Hearing for October 12, 2026.

XI.

OLD BUSINESS:
1. None.

XII.

NEW BUSINESS:
1. Request Use by Human Relation Board of The Market for Hispanic Heritage Event.
2. Select Mid-East Commission Representative.
3. Old Tar Road Electric Relocation Change Orders.
4. Interlocal Agreement with Pitt County Sheriff – Telecommunications.
5. Interlocal Agreement with Pitt County - Animal Services.
6. Contracts With Pitt County Schools for Resource Officers.
7. TA Loving Final Change Order for Pump Station Rehabilitation.
8. ST Wooten Final Adjusting Change Order for Downtown Parking Project.

XIII.

OTHER AGENDA ITEMS:
1. Multi-purpose Center (Community Center): Inquiry of Progress (Phase I). (Councilwoman
Hawkins).
2. Flock Cameras in Winterville: Request of Info. 5 W’s (Who, What, When, Where & Why).
(Councilwoman Hawkins).
3. Parks and Recreation: Public Information and Accessibility. (Councilwoman Hawkins).

XIV.

ITEMS FOR FUTURE AGENDAS/FUTURE WORK SESSIONS:
1. Monday, September 28, 2026, at 5:30 pm in the Town Hall Assembly Room; Town Council
Workshop - Policies, Procedures and Ordinances.

XV.

ANNOUNCEMENTS:
Attached.

XVI.

REPORTS FROM THE TOWN MANAGER, TOWN ATTORNEY, TOWN COUNCIL, AND
MAYOR.

XVII.

CLOSED SESSION:
NCGS § 143-318.11. (5) To establish, or to instruct the public body's staff or negotiating
agents concerning the position to be taken by or on behalf of the public body in
negotiating (i) the price and other material terms of a contract or proposed contract for
the acquisition of real property by purchase, option, exchange, or lease; or (ii) the
amount of compensation and other material terms of an employment contract or
proposed employment contract.

XVIII.

ADJOURN.

SPECIAL NOTICE: Anyone who needs an interpreter or special accommodations to participate in the
meeting should notify the Town Clerk, Don Harvey at (252) 756-2221 ext. 2344 at least forty-eight (48)
hours prior to the meeting. (Americans with Disabilities Act (ADA) 1991.)

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XVII.

ANNOUNCEMENTS:
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Board of Adjustment Meeting: Tuesday, September 15, 2026 @ 7:00 pm - Town Hall
Assembly Room.
Ripe for Revival Mobile Market: Thursday, September 17, 2026; 2:30 pm – 4:00 pm; 252
Main Street, Winterville.
Coffee with a COP: Friday, September 18, 2026; 9:00 am – 10:30 am – Cooper’s Cup, 2588
Railroad Street, Winterville, NC.
Planning and Zoning Board Meeting: Monday, September 21, 2026 @ 7:00 pm - Town Hall
Assembly Room.
Recreation Advisory Board: Tuesday, September 22, 2026 @ 6:30 pm – Operation Center.
Ripe for Revival Mobile Market: Thursday, September 24, 2026; 2:30 pm – 4:00 pm; 252
Main Street, Winterville.
Winterville Human Relations Board Meeting: Thursday, September 24, 2026 @ 7:00 – Town
Hall Assembly Room.
Town Council Workshop - Policies, Procedures and Ordinances: Monday, September 28,
2026 @ 5:30 pm - Town Hall Assembly Room.
Agenda Abstracts Due Wednesday, September 30, 2026 for October 14th Meeting.
Ripe for Revival Mobile Market: Thursday, October 1, 2026; 2:30 pm – 4:00 pm; 252 Main
Street, Winterville.
Information Due Wednesday, October 7, 2026, for November Newsletter.
Ripe for Revival Mobile Market: Thursday, October 8, 2026; 2:30 pm – 4:00 pm; 252 Main
Street, Winterville.
Agenda Review Meeting: Thursday, October 8, 2026 @4:00 pm – Town Hall Executive
Conference Room.
Regular Town Council Meeting: Monday, October 12, 2026 @ 6:00 pm - Town Hall
Assembly Room.

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PROCLAMATION
NATIONAL HISPANIC HERITAGE MONTH
WHEREAS, each year from the 15th of September to the 15th of October, National
Hispanic Heritage Month is celebrated throughout the United States; and,
WHEREAS, Hispanics comprise roughly 11.4% of the population of the State of North
Carolina as of 2023, and have both an integral and necessary community in our state; and,
WHEREAS, Hispanics comprise 8.0 % of the population of Pitt County, as of 2023; and,
WHEREAS, the Town of Winterville openly welcomes and supports its distinct cultural
diversity; and,
WHEREAS, we are further inspired by the economic, social, and cultural contributions
of the Hispanic community within the Town of Winterville and Pitt County; and,
WHEREAS, we understand that although this national recognition lasts each year for
one month, we work endlessly to create a more socially inclusive and diverse society with
equality for all populations.
NOW THEREFORE, I, Richard E. Hines, Mayor of the Town of Winterville, North
Carolina, do hereby proclaim September 15, 2026 through October 15, 2026, as
HISPANIC HERITAGE MONTH
In Winterville, Pitt County, North Carolina, and extend best wishes to all of our
communities as they hold appropriate ceremonies to commemorate this observance.
IN WITNESS WHEREOF, I do set my hand and cause the seal of Winterville to be
affixed this 14th day of September 2026.

Richard E. Hines, Mayor

Attest:

Donald Harvey, Town Clerk
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PROCLAMATION
PUBLIC POWER WEEK - OCTOBER 4 – 10, 2026
WHEREAS, the Town of Winterville values locally controlled, community-owned services that are
accountable to the residents and businesses they serve; and,
WHEREAS, the citizens of Winterville place high value on local choice over community services and
have chosen to operate a community-owned, not-for-profit electric utility, giving customers and owners a direct
voice in utility operations and policies; and,
WHEREAS, Winterville Electric Department provides homes, businesses, schools, local government
facilities, and community service organizations with dependable, efficient, and safe electricity through sound
business practices designed to provide the best possible service at not-for-profit rates; and,
WHEREAS, Winterville Electric Department is a valuable community asset that contributes to the wellbeing of local residents through dependable service, customer care, energy efficiency, safety awareness,
environmental stewardship, and support for economic development; and,
WHEREAS, Winterville Electric Department is a dependable and trustworthy public power provider
whose local operation strengthens consumer protection, supports community priorities, and helps make
Winterville a better place to live, work, and do business; and,
NOW, THEREFORE, BE IT RESOLVED, that Winterville Electric Department will continue to provide
low-cost, safe, dependable, and sustainable electricity to the homes and businesses of Winterville while
remaining responsive to the needs and priorities of the community it serves; and,
BE IT FURTHER RESOLVED, that October 4–10, 2026, be designated as Public Power Week in the
Town of Winterville to recognize the community pride, local service, and public benefits provided by the
Winterville Electric Department, and to educate customers, policymakers, and employees about the value of
public power; and,
BE IT FURTHER RESOLVED, that the Town of Winterville joins public power communities across the
United States in celebrating the dependable, affordable, and community-focused service made possible through
public power.
NOW, THEREFORE, I, Richard E. Hines, Mayor of the Town of Winterville, do hereby proclaim October
4–10, 2026, as PUBLIC POWER WEEK in the Town of Winterville and encourage all citizens to join in
recognizing the vital role of public power in our community.

IN WITNESS WHEREOF, I do set my hand and cause the seal of the Town of Winterville to be
affixed this 14th day of September 2026.

Richard E. Hines, Mayor
Attest:

Donald Harvey, Town Clerk
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Town of Winterville
Town Council
Agenda Abstract

Item Section: Consent Agenda
Meeting Date: September 14, 2026

Presenter: Donald Harvey, Town Clerk

Item to be Considered
Subject: Council Meeting Minutes.
Action Requested: Approval of Minutes.
Attachment: Draft Minutes of the Council meetings listed below.
Prepared By: Donald Harvey, Town Clerk

Date: 8/26/2026
ABSTRACT ROUTING:

☒ TC: 9/8/2026

☒ TM: 9/8/2026

☒ Final: tlp - 9/8/2026

Supporting Documentation
Approval of the following set of Council Meeting Minutes:
•

August 3, 2026 Regular Meeting Minutes.

Budgetary Impact: NA.
Recommendation: Staff recommends Council approve the minutes.
20260219

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Winterville Town Council Meeting
Meeting Minutes
August 3, 2026, 6:00 PM
2571 Railroad Street, Winterville, NC 28590
Richard E. Hines, Mayor
Veronica W. Roberson, Mayor Pro Tem
Dr. Brandy Harrell, Councilwoman
Shantel Hawkins, Councilwoman (arrived at 6:04)
Johnny Moye, Councilman
Lisa Smith, Councilwoman
Keen Lassiter, Town Attorney
Terri L. Parker, Town Manager
Anthony Bowers, Assistant Town Manager
Charles Hamilton, Police Lieutenant
David Moore, Fire Chief
Ron Mills, Electric Director
Jessica Manning, Finance Director
Evan Johnston, Building Inspector/Code Enforcement Officer
Diane White, Parks and Recreation Director
Stephen Penn, Planning and Economic Development Director
Angela Fuller, Human Resource Director
Willie Gay, Building Inspector/GIS Technician
Donald Harvey, Town Clerk
I. Call To Order
Mayor Hines called the Winterville Town Council Meeting to order at 6:00 PM on Monday,
August 3, 2026, at 2571 Railroad Street, Winterville, NC 28590.
II. Invocation
Councilman Moye delivered the invocation.
III. Pledge Of Allegiance
Following the invocation, those present stood for the Pledge of Allegiance.
IV. Welcome
Mayor Hines welcomed those present and those watching the meeting remotely, formally
introducing himself as Mayor Hines.
V. Roll Call
VI. Approval Of Agenda

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Town Manager Parker noted one modification prior to approval: the removal of the Approval
of Council Meeting Minutes from the Consent Agenda, as additional time was needed to
finalize that document.
Motion made by Mayor Pro Tem Roberson and seconded by Councilwoman Smith to
approve the agenda as amended. Motion carried unanimously, 4-0.
Councilwoman Hawkins arrived at 6:04 pm.
VII. Recognition Of New Employee
1. Michael Stox, Fire Inspector, Fire-Rescue-EMS
Fire Chief Moore introduced Michael Stocks as the department's new full-time Fire Inspector.
Chief Moore noted that Mr. Stocks holds an associate’s degree from Beaufort Community
College in EMS, a bachelor’s degree in emergency management from Western Carolina
University and holds a Level 3 Fire Inspector certification. Chief Moore further noted that Mr.
Stocks was well known to the department, having served with the town since 2016 in various
capacities, including six years as a full-time paramedic. Mr. Stocks thanked the Mayor and
Council for the opportunity to return to a new capacity and noted his commitment to continue
moving the town forward.
2. Catherine Trask, Officer, Police Department
Police Lieutenant Hamilton introduced Katherine Trask as one of the Police Department's
newest officers. Lieutenant Hamilton described Officer Trask's background, noting she
earned an undergraduate degree in Sociology before spending approximately 15 years in
the corporate world. She subsequently returned to public service, earning a master’s degree
from the University of North Carolina at Chapel Hill. Lieutenant Hamilton highlighted her
strong desire to do community work, help seniors and young people, and serve as a face for
the department. Officer Trask is originally from western North Carolina and has since
relocated to be closer to family.
Officer Trask addressed the Council, expressing gratitude for the opportunity to serve the
community and her appreciation for the support she had received.
Mayor Hines added a personal note, recounting that he had recently participated in a ridealong during which Officer Trask was engaged in directing traffic following a significant
accident, stating he had already seen her dedication in action.
VIII. Presentations
1. Vision Zero; Luther Hemby
Mr. Luther Hemby, a community advocate and volunteer member of the Winterville Vision
Zero Task Force, addressed the Mayor and Council to share reflections from his attendance
at the 2026 North Carolina Vision Zero Leadership Institute, held in Chapel Hill. He noted
gratitude to Mayor Hines, the Town Council, Vision Zero Director Dr. Kat Dale, Assistant
Town Manager Bowers, and the entire Vision Zero Task Force for the opportunity to
represent the town.
Mr. Hemby described the Institute as an invaluable learning experience, noting that
Winterville was paired with similar small-town communities throughout the two-day
conference, providing opportunities to share challenges, celebrate successes, exchange
ideas, and learn what is working across the state. He emphasized that a central theme of the

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Institute was that Vision Zero is "more than infrastructure, it's about building a culture of
safety" encompassing people, partnership, communication, data, and education.
He recounted sessions focused on organizational safety culture, examining planning,
engineering, safety operations, and evaluation, and on community engagement, discussing
the role of advocates in building trust, gathering feedback, and promoting safety programs.
He identified the key words for community success as collaboration, communication,
participation, coordination, partnership, resources, and trust.
Mr. Hemby noted particular pride in representing Winterville and sharing the work already
underway in the community, including the Vision Zero Task Force efforts, bicycle helmet
giveaways, bicycle registration, tabling events, teen driver outreach, and partnerships with
schools such as W.H. Robinson Elementary and A.G. Cox Middle School. He also shared
the town's work on safe routes to school, sidewalk improvements, crosswalk discussions,
and downtown safety efforts.
He noted a moment of particular significance: seeing Winterville featured during the
statewide presentation among communities making meaningful progress toward safer
streets. He credited that recognition to the leadership of Dr. Dale, the support of the Mayor
and Council, the dedication of Assistant Town Manager Bowers, town staff, public safety
partners, and all Task Force volunteers.
Mr. Hemby spoke personally about his motivations, sharing that he was deeply impacted by
the tragic loss of Kimora Robinson, who was killed near the entrance of his neighborhood,
and that this event compelled him to become more involved and vocal as a community
advocate. He stated, "None of us ever wants to experience another preventable tragedy on
our roads. Every life lost is too many. That is why Vision Zero matters."
He concluded by affirming that Vision Zero is "not a destination we reach overnight, it's a
commitment to continuous improvement," and that every conversation, partnership, and
safety effort brings Winterville one step closer to being a safer place for everyone.
In closing, Mr. Hemby noted that Mayor Hines was one of only two elected officials at the
Institute and the only mayor present, a fact that was highlighted by the Institute's presenters
as a meaningful demonstration of community leadership and care.
Mayor Hines thanked Mr. Hemby, reflecting on the value of the experience and the
opportunity to hear from planners, police, and fire professionals from across the state. He
noted that Dr. Dale was out of the country at the time of the Institute and that Assistant Town
Manager Bowers was also unable to attend but emphasized that seeing Winterville on a
statewide spotlight was gratifying, crediting ECU Health as a significant partner in that
recognition.
Councilwoman Hawkins offered comments, thanking Mr. Hemby for his time and
commitment to road safety for all community members, "passengers can be newborn all the
way up to whatever age." She specifically acknowledged his transformation of personal grief
over the loss of Kamar Robinson into advocacy and community empowerment, stating, "You
took the pain of the community and turned it into empowerment." She affirmed that "this
investment in people was worth it."
IX. Public Comment
Mayor Hines read the Public Comment Policy into the record, noting that the period provides
thirty minutes for residents to comment on agenda items or other matters related to the

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Town. Individual speakers are limited to three minutes, and no more than three speakers
may address the Council on a single matter.
1. Tim Avery - Red Men Organization and Degree of Pocahontas Organization; Street
Closure.
Mr. Tim Avery was introduced but deferred to Alton Wadford, the organization's First Vice
President, to make the presentation. Mr. Wadford introduced himself with levity, clarifying he
was not Tim Avery and that he was "much younger and better looking."
Mr. Wadford explained that the Winterville Red Men and Pocahontas lodges, among the
oldest nonprofit organizations in Winterville and located at 236 Main Street, are in the initial
stages of planning a car show to benefit Homes for Our Troops, an organization that builds
and reconstructs specially adapted homes for post-9/11 veterans who have suffered severe
injuries including amputations, paralysis, blindness, and severe burns. Since 2004, Homes
for Our Troops has built over 420 homes nationally, with 18 in North Carolina and 4 currently
under construction.
The event is proposed for October 17, 2026, with setup beginning around 11:00 PM on
Friday, October 16th, and concluding around 4:00 PM on Saturday, October 17th. The
organizations requested approval to close West Railroad Street from Main Street to Cooper
Street during that period. Mr. Wadford noted that Main and Meal Restaurant had generously
offered use of their parking lot, and that they were also awaiting approval to use the Dixie
Queen parking lot, having already received support from neighboring businesses including
North Carolina Driving School and Vanessa Sewing and Repair.
Mayor Hines asked whether any Homes for Our Troops homes were currently being built in
Pitt County. Mr. Avery responded that the closest current build is in Rocky Mount and
provided larger context: there are 18 homes in North Carolina, with 4 currently under
construction. He noted that there are approximately 60,000 severely disabled veterans
nationally with 1,000 applications currently on file with Homes for Our Troops, 90 of which
have been approved, with approximately 20 homes built per year at a cost of around
$450,000 each in North Carolina. He reflected that it is moving to hear veterans say they can
finally navigate their own homes.
Town Manager Parker clarified that a vote on the street closure would be required.
Motion made by Councilwoman Dr. Harrell and seconded by Councilwoman Smith to
approve the street closure request from the Red Men Organization and Degree of
Pocahontas Organization. Motion carried unanimously, 5-0.
2. William Perry – Declaration of Withdrawal of St. Amand Lane
Mr. William Augustus Perry Jr., owner of 492 Baywood Drive, addressed the Council to
request a voted and written resolution from the Town of Winterville Town Council to release
full control of the former public street property known as St. Amand Lane within the Baywood
Drive development, in accordance with NCGS § 136-96.
Mr. Perry explained that St. Amand Lane was dedicated to the Town of Winterville in 2008
but has never been used for its intended purpose, has never been maintained by the town,
and has remained a grass-covered paper street for over 15 years. He stated that his
property, Lot 7, was reduced in size to create St. Amand Lane while no other lots in the
subdivision were reduced. He noted that all property owners in Baywood Drive have direct
access to their properties off Baywood Drive itself, making St. Amand Lane unnecessary for
public use. He has personally maintained the property since purchasing his lot in 2015, and

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noted the area floods his current property. He wishes to incorporate the land into his
residential lot to address the flooding.
Mr. Perry stated he had reached out to Town Attorney E. Keen Lassiter in February 2026
and received what he characterized as "empty promises" over several months before
receiving an email response just prior to the meeting. He stated the email incorrectly claimed
the property was not under Winterville's control, which he disputed. He contended that a
voted resolution is required before he can proceed to survey, contact the tax office, and
obtain a Superior Court order transferring ownership.
Town Attorney Lassiter responded, acknowledging the delay and offering context. He stated
he received Mr. Perry's initial contact on February 11th and called back on February 12th,
but that the matter involved a statute, NCGS § 136-96, with which he had no prior
experience, requiring extensive research. He noted the demands on his time from other town
matters contributed to the delay and confirmed he sent his response via email the prior
Friday.
Attorney Lassiter clarified the substance of the law: the statute envisions a private
withdrawal of the dedication of the street for public use, noting that the town plays no role in
that process. The proper party to file the declaration is either the original subdivider who
dedicated the street to public use, or someone who can claim through that dedicator. He
stated he had reviewed cases on point and asked whether Mr. Perry, as a subsequent lot
owner, had to file the declaration, though he noted that Mr. Perry has already filed it with the
Register of Deeds as the statute requires. He stated that the streets in Baywood subdivision
were never formally accepted by the Town of Winterville and are therefore not under town
control or maintenance responsibility. He further clarified that the process does not require a
Superior Court order, if the original subdivider signs the declaration of withdrawal, "it's over.
It is done. It's just that simple."
Mr. Perry disputed Attorney Lassiter's assertion that the streets were not under the town's
control, pointing to the recorded 2008 plat showing dedication of both Baywood Drive and St.
Amand Lane to public use. Mayor Pro Tem Roberson asked whether the town had the
authority to provide the resolution requested, and Attorney Lassiter reiterated that since the
streets were never formally accepted by the town, the town is not the proper entity to provide
such a resolution.
Councilwoman Dr. Harrell asked whether town staff could help guide Mr. Perry through the
process. Town Manager Parker indicated that, since this is a legal matter not directly
involving the town, Attorney Lassiter is best positioned to provide guidance. Mayor Hines
also suggested Mr. Perry reach out to the Pitt County Attorney, given that Baywood is
located within the county rather than the corporate limits of Winterville. Attorney Lassiter
reiterated that his advice would remain consistent and offered to call Mr. Perry the following
day.
Attorney Lassiter identified what he considered the simplest solution: Mr. Perry should speak
directly with the original subdivider of Baywood subdivision, who is believed to still be alive,
and ask that person to sign the declaration, which would resolve the matter without any
further legal proceedings.
Mayor Pro Tem Roberson noted that Mr. Perry is a veteran and suggested that the Veterans'
legal services office might also be a resource for him in pursuing this matter.
X. Consent Agenda

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Town Manager Parker reminded the Council that Item 1, Approval of Council Meeting
Minutes, had been removed prior to the meeting. Councilwoman Hawkins raised a question
regarding the navigability of the consent agenda packet on the town's website, noting that
she had difficulty locating the items. Town Manager Parker and Town Clerk Donald Harvey
clarified that each consent agenda item begins with an abstract serving as a cover page, and
that the full consent agenda can be found starting on page 10 and ending on page 109 of
the agenda packet. Councilwoman Hawkins noted that this process could be difficult for
average residents to navigate and suggested the possibility of a more accessible summary
format for public benefit.
Councilwoman Hawkins also requested clarification on Budget Amendment 2026-2027-1
(Item 4). Finance Director Manning explained that the first two-line items in the amendment
represent grant revenue being added to the budget, one for the Mill Street Sidewalk Grant
($100,400) and one for the Safe Streets for All Transportation Safety Grant, both of which
represent incoming grant funds with corresponding expenditure line items. The remaining
items in the amendment are open purchase orders from fiscal year 2025-2026 that were not
completed by June 30th and are being rolled over into the new fiscal year. Town Manager
Parker added that a budget amendment of this nature is standard practice in August of every
year.
Councilwoman Dr. Harrell requested that going forward, staff provide the Council with
ongoing updates on the status of projects, so that the annual rollover would not come as a
surprise and would allow better anticipation of future budget needs.
The Consent Agenda included the following items:
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Approval of Council Meeting Minutes (Removed prior to meeting).
2025-2026 Tax Settlement.
2026-2027 Tax Charge.
Budget Amendment 2026-2027-1.
Carroll Crossing Lot 4 Annexation - Direct Town Clerk to Investigate Sufficiency of
Annexation.
Watermelon Festival Requests.
Waive the Parade Permit.
Modify Parking Lot and Traffic Patterns.
Temporarily Suspend Park Hours Limitation.
Sign and Banner Placement.
Noise Ordinance Exemption.
Bathroom Facility Use.
Motion made by Mayor Pro Tem Roberson and seconded by Councilwoman Smith to
approve the Consent Agenda, with the exception of the previously removed Item 1
(Approval of Council Meeting Minutes) Motion carried unanimously, 5-0.
Councilwoman Smith added an open invitation to the public, noting that Town Clerk Harvey
and any member of the Council are available to assist residents who have questions about
accessing or understanding the agenda packet.
XI. Old Business
There was no Old Business.
XII. New Business

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1. Sheppard Library Board Appointment
Mayor Hines noted that Councilman Moye currently serves on the Shepherd Memorial
Library Board and asked whether he wished to continue. Councilman Moye confirmed he
was glad to continue in the role.
Motion made by Mayor Pro Tem Roberson and seconded by Councilwoman Dr. Harrell
to reappoint Councilman Moye to the Shepherd Memorial Library Board. Motion
carried unanimously, 5-0.
2. Human Relation Board Resignations and Appointment
Mayor Hines acknowledged and thanked both Councilwoman Hawkins and Chantasia
Morris for their service on the Human Relations Board prior to accepting their resignations.
Motion made by Councilwoman Dr. Harrell and seconded by Councilwoman Hawkins
to accept the resignations of Councilwoman Hawkins and Chantasia Morris from the
Human Relations Board. Motion carried unanimously, 5-0.
Councilwoman Hawkins took the opportunity to address the public regarding her reasons for
resignation. She stated that it "was time to move on," but also referenced discussions during
the town's first budget meeting in which the Mayor suggested that council members serve as
liaisons to boards rather than as volunteer members. Being the only council person serving
in a volunteer board capacity, she understood the remarks to be directed at her. She
affirmed that her service on the Human Relations Board was driven purely by "desire and
commitment" to human relations and community connection, and credited the work she and
her daughter, a college student in human services, contributed alongside Ms. Rashana
Carmon in constructing the board's road map and activities. She noted confidence that the
board's work would continue.
Mayor Hines offered to step aside from his liaison role and allow Councilwoman Hawkins to
serve in that capacity instead, given her desire for the board's mission. Councilwoman
Hawkins graciously declined, stating she would remain involved in other ways but that her
experience as a volunteer on the board had been difficult.
Town Clerk Harvey noted that the town intends to solicit applications from high schools and
colleges to fill the vacated positions and will bring appointments back to the Council at a
future meeting.
3. Approve Award of Fire Training Facility Contract
Fire Chief Moore presented the item, recommending award of the fire training facility bid to
Forge Fire and Company. Chief Moore explained that a Request for Proposals was issued in
April, advertised on April 23rd and 25th in the Daily Reflector and on the Town's website,
and that four proposals were received on May 22nd. Forge Fire and Company was identified
as the responsive, responsible low bidder. Chief Moore noted that some of the other
proposers were disqualified for submitting incomplete proposals. Town Manager Parker
highlighted that the majority of the project funding comes from a federal budget appropriation
of $750,000.
Councilwoman Dr. Harrell asked several questions: What is the town's financial obligation
beyond the grant? Chief Moore explained the difference is between $750,000 and $779,650.
She also confirmed that surrounding agencies will be able to utilize the facility, Chief Moore
confirmed extensive collaboration with neighboring departments is already in practice, and
that the facility will reduce training costs going forward.

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Motion made by Councilman Moye and seconded by Councilwoman Hawkins to
accept the bid proposal and award the fire training facility contract to Forge Fire and
Company. Motion carried unanimously, 5-0.
Councilman Moye offered remarks of appreciation, noting that this facility would serve not
just Winterville but the entire county, calling it "a win-win situation," and thanking all who
participated in securing the grant.
4. Safe Streets for All (SS4A) – Winterville Safety Action Plan
Assistant Town Manager Bowers presented the item, requesting acceptance of a bid from
Mead and Hunt Incorporated for the development of the Winterville Safety Action Plan under
the Safe Streets for All (SS4A) program. Mr. Bowers described the project as directly
connected to the Vision Zero work discussed earlier in the evening. A grant of $76,800 from
the Federal Highway Administration was secured, with a town match of $19,200, for a total
project budget of $96,000. The project is expected to take 12 months.
Mr. Bowers explained that the selected engineering firm will conduct assessments of traffic
accident data, historical records, and physical facilities, and will compile a comprehensive
safety action plan. The proposal also includes public engagement components, charrettes,
surveys, and a public-facing website, to capture input from residents and all users of
Winterville's streets. Four proposals were received, from Mead and Hunt Incorporated,
Kittleson and Associates, Timmins Group, and Wise Business Plans LLC, and Mead and
Hunt received the highest evaluation score. Their proposal was $75,545, which is under the
total project budget.
Councilwoman Hawkins asked how the SS4A Safety Action Plan differs from and relates to
the existing Vision Zero initiative. Mr. Bowers explained that Vision Zero is the broad,
overarching framework guiding the town's safety culture, while the Safety Action Plan is one
component within it. He noted that a separate bicycle and pedestrian plan is also underway
through a state-managed grant process, with Kittleson and Associates leading that work. He
described Vision Zero as "a guiding light" that brings together the numerous studies and
plans. The SS4A plan, specifically, will result in a capital improvements program and
implementation plan that can then be used to pursue grants for actual construction of safety
infrastructure improvements.
Motion made by Councilwoman Smith and seconded by Councilwoman Dr. Harrell to
approve the bid proposal from Mead and Hunt Incorporated for the Winterville Safety
Action Plan. Motion carried unanimously, 5-0.
5. Approval of Agreement with ECU Health for Installation of Blood Pressure Machine
Town Attorney Lassiter presented the item, noting he had reviewed and worked with ECU
Health Medicine to revise the contract to an acceptable form. He noted his personal view
that the machine would be "a good plus for the town." He noted that the machine is a highend model requiring no calibration, and that the town would not be purchasing it but rather
hosting it on a loan basis for the duration of the contract.
Councilman Moye asked whether the town would eventually own the machine. Attorney
Lassiter confirmed the machine remains ECU Health's property for the life of the agreement.
Mayor Pro Tem Roberson raised awareness of the existing ECU Health resource station
already located at the Shepherd Memorial Library, expressing concern that many citizens
were unaware of it.

15

Councilwoman Dr. Harrell clarified that the blood pressure machine will be installed in the
Town Hall lobby. She provided a detailed overview of the existing library station for the
public's benefit, noting that it includes a blood pressure machine, a laptop for virtual
appointments with medical providers, and a resource binder covering transportation,
employment, food resources, and mental health services. She encouraged residents to
speak with the library's ECU Health Ambassador, Ms. Amanda, for assistance in accessing
those resources.
Councilman Moye raised the question of liability. Attorney Lassiter confirmed that the town is
required to carry insurance under the agreement and that in his assessment, any potential
liability for the town is "nominal, minimal", comparing the machine's function to a standard
pharmacy blood pressure kiosk.
Town Manager Parker committed to continuing to advertise the ECU Health resources
through the town's communication channels.
Motion was made by and seconded by. The motion carried.
Motion made by Councilwoman Smith and seconded by Mayor Pro Tem Roberson to
approve the agreement with ECU Health for the installation of a blood pressure
machine in the Town Hall Lobby. Motion carried unanimously, 5-0.
6. Approval to Sell Truck to Town of Grifton
Town Manager Parker presented the item, noting the Town of Winterville has a positive
ongoing relationship with neighboring municipalities and has previously sold surplus
equipment to the Town of Grifton. The surplus item in question is an F-350 Super Duty Ford
truck with a crane arm. Staff, including Finance Director Manning and Public Works Director
McGuffin, researched comparable pricing and determined that $5,000 is a fair market value.
Councilwoman Hawkins asked whether the town has sufficient equipment to support its
growing needs after the sale. Town Manager Parker confirmed that the F-350 was surplus
equipment because a newer, more advanced heavy-duty truck with a crane arm had already
been purchased to replace it.
Motion was made by and seconded by. The motion carried.
Motion made by Councilwoman Smith and seconded by Councilman Moye to approve
the sale of the F-350 Super Duty Ford truck with crane arm to the Town of Grifton for
$5,000. Motion carried unanimously, 5-0.
7. NCDOT Request to Move the Town Limit signs near Ready Branch Road and Forlines
Road.
Assistant Town Manager Bowers presented the request from NCDOT to relocate town limit
signs to reflect the town’s actual corporate boundaries following recent annexations more
accurately. Mr. Bowers noted that the Forlines Road area has received particular attention
due to recent traffic accidents and the need for greater traffic control. NCDOT determined
that updating the city limit signs to reflect where annexations have occurred would benefit
both the community and law enforcement, as the signs determine where lower municipal
speed limits of 35 mph apply.

16

The proposal, illustrated on a map included in the agenda packet, involves placing signs at
three locations: further west on Davenport Farm Road, on Forlines Road, and south on
Reedy Branch Road.
Councilwoman Hawkins noted the absence of the map on the meeting room display and
asked for clarification on what was driving the request. Mr. Bowers explained that as new
subdivisions are annexed into town along NCDOT roads, the city limit signs must be
repositioned further out to reflect the new boundaries, informing motorists earlier that they
are entering the municipal limits. He distinguished this effort from the separately ongoing
traffic study related to South Central High School and the recently installed school-hours
speed limit signs near Forlines Road, though he acknowledged the two efforts are related to
their shared goal of improving safety in the area. Mayor Hines offered an accessible
explanation to the public: as previously empty fields become developed and annexed, the
signs need to move outward so drivers know sooner that they are entering Winterville.
Motion made by Councilwoman Smith and seconded by Councilwoman Dr. Harrell to
approve NCDOT's request to relocate the town limit signs to reflect the actual
municipal boundaries. Motion carried unanimously, 5-0.
8. Release of Liability for damaged fire hydrant.
Assistant Town Manager Bowers presented the item, explaining that on June 19th, town
staff discovered a damaged fire hydrant at the intersection of Old Tar Road and Vernon
White Drive. Investigation revealed that Power Grid Services, a contractor for GUC working
on an NCDOT road widening project, had caused the damage. Power Grid Services
promptly contacted Tripp Brothers Construction, who repaired the hydrant to the satisfaction
of town staff. The release of property damage was reviewed by Attorney Lassiter, who
required revisions before it was deemed acceptable.
Councilwoman Smith confirmed that the hydrant had been inspected and approved as fully
operational, noting that both the fire department and the water department had verified the
repairs. Mr. Bowers confirmed this.
Councilwoman Hawkins asked about the process for addressing town property damage
caused by outside parties. Mr. Bowers explained that the standard process involves filing a
police report and submitting a claim to the town's insurance provider, the North Carolina
League of Municipalities, which then corresponds with the responsible party's insurance
company to secure reimbursement for time, materials, and staff costs. He noted that this
case was unique in that Power Grid was proactively arranging for repairs rather than waiting
for a claims process, which the town found acceptable.
Councilwoman Hawkins asked specifically about reimbursement timelines and whether the
Council would be notified when reimbursement is received. Mr. Bowers noted that timelines
vary by situation and that the insurance agency manages the process but confirmed the
town's documentation ensures recovery of costs.
Motion made by Councilwoman Smith and seconded by Mayor Pro Tem Roberson to
approve the release of liability for property damage caused by Power Grid Services in
connection with the damaged fire hydrant. Motion carried unanimously, 5-0.
XIII. Other Agenda Items
1. Traffic Stops: Civilian Review Board Vote, Recent Data: Comparisons & Next Steps.
(Councilwoman Hawkins).

17

Councilwoman Hawkins addressed the Council and public regarding the outcome of the
Civilian Review Advisory Board vote at the prior meeting, noting that the motion did not pass.
She emphasized, however, that residents still have rights and opportunities to access traffic
stop data and understand patterns in enforcement.
She cited 2024–2025 data from the State Bureau of Investigation showing that 63% of traffic
stops in Winterville involved Black drivers, compared to 28.2% involving white drivers. She
noted that Black residents are being stopped at a rate of 2.3 to 2.5 times that of any other
racial group. She further raised concern that as of July 1, 2026, the North Carolina state
legislature included language in the budget bill eliminating the requirement to record and
report racial disparities in traffic stops, making it, in her view, even more incumbent upon
municipal leaders to monitor these patterns internally.
Councilwoman Hawkins acknowledged that the majority of the stops in question are
regulatory stops, equipment violations such as lights and blinkers, and called for exploration
of ways to minimize the disparity, such as using these stops as opportunities for education
rather than citation. She stated: "These are people being stopped," and noted her view that
leadership must continue to pay close attention to these trends regardless of whether a
formal civilian review board exists.
2. Building Inspections: Internal Process, Keeping Citizens Informed. (Councilwoman
Hawkins).
Councilwoman Hawkins prefaced her remarks by stating that her concern was "not personal"
and "not reflective of any single individual's work," but rather about ensuring municipal
transparency in the building inspections process. She referenced a discrepancy in building
inspections, and the appeals process that was brought to her attention in April 2026 and
stated she wished to inform the public about residents' right to request an informal internal
review of any building inspection that did not pass.
Town Manager Parker clarified that the process is called an "informal internal review" as
defined by state statute. Building Inspector Johnston confirmed that this right is printed on all
building permits and is available for review online by permit holders. Further, Town Manager
Parker noted that after the informal internal review process is completed, residents also have
the ability to escalate concerns to the state if they wish, though the town's role ends after its
internal review.
Councilwoman Hawkins clarified that her concern extended to permit holders from the period
of July 1, 2021, through January 2025, those who may not have been aware of their right to
appeal during that window. She stated her intent was transparency: "If something is not
right, try to make it right, or try to explain." She encouraged residents with questions to reach
out to the building inspector, town manager, or any council member.
3. Environment: Response to Rapid Population Growth. (Councilwoman Hawkins).
Councilwoman Hawkins raised the topic of environmental stewardship in the context of the
town's rapid population growth, noting that more residents mean more traffic and more
pollution. She referenced a prior discussion in December about solar energy and green
building practices and called on the town to keep environmental considerations at the
forefront of planning decisions. She proposed encouragement of carpooling, recycling
education, and public awareness campaigns, and suggested the fire department might host
workshops related to environmental preparedness given the increasing frequency of natural
disasters.

18

She again mentioned the concept of a "green bond", an incentive mechanism that can be
offered to developers to encourage environmentally friendly construction including solar
panels and energy-efficient design. She suggested this concept could potentially be tied to
the Human Relations Board's work with youth and community education.
Mayor Hines noted that the upcoming Electric City Conference may provide an opportunity
for councilmembers interested in solar energy to connect with technology providers and
gather additional information.
XIV. Items For Future Agendas/Future Work Sessions
1. Town Council Workshop - Policies, Procedures and Ordinances: Monday, September 28,
2026 @ 5:30 pm - Town Hall Assembly Room.
Town Manager Parker announced an upcoming workshop scheduled for Monday,
September 28, 2026, at 5:30 PM in the Town Hall Assembly Room. The focus of the
workshop will be policies, procedures, and ordinances. She noted that this is part of a
quarterly workshop schedule and that it is unlikely one session will cover everything needed,
but it will serve as a productive starting point.
2. Town Council Workshop: Monday, December 7, 2026 @ 5:30 pm - Town Hall Assembly
Room.
Town Manager Parker also noted the next scheduled workshop on Monday, December 7,
2026, at 5:30 PM in the Town Hall Assembly Room, which may serve as a continuation of
the policy discussions depending on the progress made at the September session.
XV. Quarterly Reports From Department Heads: (August)
Police Department
Lieutenant Hamilton presented the quarterly report for the second quarter (April, May, and
June 2026). He reported 1,572 calls for service, a 6.4% increase over the 1,477 calls from
the prior quarter. Proactive enforcement during the period included 10 DWI investigations
and 13 involuntary commitment investigations, the latter of which Lieutenant Hamilton
highlighted were managed without incident. He attributed this success to near, 100% Crisis
Intervention Training (CIT) certification among officers, enabling them to effectively connect
individuals with resources.
Community engagement initiatives continued, including the Coffee with a Cop program, the
Senior Watch program, and the newly launched Coffee and Conversation initiative. The next
Coffee and Conversation event is scheduled for Thursday, August 14th, from 4:00 to 7:00
PM at Market on the Square, with the Fire Department joining as a collaborative partner.
Lieutenant Hamilton noted the program was intentionally scheduled during afternoon hours
to reach community members who cannot attend the 9:00 AM third-Friday events.
The department also participated in three Governor's Highway Safety Program campaigns
during the quarter: "Speed a Little, Lose a Lot," "Move Over, Get Pulled Over," and a
Memorial Day "Click It or Ticket" campaign, involving checkpoint saturation patrols and
educational outreach in collaboration with area agencies.
The department has hired two new officers during the period, Officer Katherine Trask, who
was introduced earlier in the meeting, and Officer McMahon, who will be introduced at the
next meeting.

19

Councilwoman Hawkins thanked Lieutenant Hamilton for expanding the Coffee and
Conversation program to a more accessible time, acknowledging that she had been unable
to attend due to extreme heat but noted her intention to participate in the future.
Fire-Rescue-EMS Department
Chief Moore presented the quarterly report. The department responded to 440 calls during
the quarter. Chief Moore noted the department measures itself against a six-minute
response time standard and reported achieving that benchmark 61% of the time during this
period. A heat map of call locations was included in the packet, showing even distribution of
calls across town with some concentration along the central highway corridor. The
department completed 299 fire inspections year-to-date. Chief Moore was pleased to report
that all fire trucks are currently in service.
Councilman Moye took the opportunity to personally thank the department, noting that one of
the 440 calls involved a family member of his and that the family highly commended the
department’s professionalism, conduct, and follow-through communication.
Parks and Recreation Department
Parks and Recreation Director White, welcomed back by the Council following her absence,
presented the quarterly report. She noted ongoing senior programming including bingo,
picnic in the park, bowling, cards, and games, as well as ongoing Zumba and yoga classes.
In June, the department hosted a cheer camp and the Eastern North Carolina Cal Ripken
State Baseball Tournament. Winterville's 9-U team won first place in the state tournament
and advanced to the Southeast Regional Tournament in Virginia. The department also
concluded its Movie and Concert in the Park series with Summer Bash.
Councilwoman Hawkins raised the issue of a metal bench that had been removed from
beside the basketball court by Pitt County Schools. She asked about plans to provide
seating for the many residents who use that facility. Director White responded that the
department is looking to install at least two benches at the basketball court and is also
considering adding one or two picnic tables in the adjacent grass area near the walking trail,
to allow families to gather and watch others play.
Councilwoman Hawkins also asked about the collaboration with Impact 360, the female flag
football team. Director White explained that a flag football clinic planned for July had to be
cancelled because the head coach was out of the country and unable to return in time, and
that the department plans to reach out to reschedule once he is back and settled.
Finance Department
Finance Director Manning reported that the Finance Department is currently working on the
annual audit. Auditors were on-site July 14th and 15th for the pre-audit and will return
September 9th through 11th for final audit fieldwork. The Town was recognized with the
GFOA Certificate of Excellence in Financial Reporting for the 2024–2025 audit, which drew
congratulations from the Council.
Director Manning noted that the new 2026 tax bills were mailed the prior week, and
reminded residents that the power cost adjustment was removed effective July 1st and
should be reflected in upcoming bills. She noted the town's area resource list has been
updated and is available on the website.
Councilman Moye asked about the status of a utility payment plan program discussed at a
prior meeting, referencing a concept of allowing customers to pay a set monthly amount with

20

a year-end true-up. Town Manager Parker acknowledged the idea had been discussed
previously and noted significant challenges, including the potential financial shock to
customers who face a large rise at year-end, particularly in the current economic
environment. She deferred to Director Manning, who confirmed nothing is currently in
development but offered to look into whether the town's software system could support such
a program. Town Manager Parker invited Council to formally direct staff to pursue this if the
Council wished.
Mayor Pro Tem Roberson asked about re-opening the audit committee to include newer
council members. Director Manning confirmed the committee traditionally consists of two
council members and noted openness to re-opening the committee.
Public Works
Assistant Town Manager Bowers provided short updates on three major projects:
Town Hall Parking Lot Reconstruction: The project is approximately 30% complete and is
running about five days behind schedule due to weather. He noted the primary remaining
concern for on-time completion is coordinating with telecommunications companies to
relocate their equipment, a process that moves on the companies' internal timelines rather
than the town's. Paving is expected to be completed before the start of the school year, with
finish striping afterward.
Cemetery Project (Reedy Branch Road): Roads have been cut in, curb and gutter poured,
and rock base installed. Fine grading was scheduled for the current week, followed by proof
roll, materials testing, and then paving. Mr. Bowers noted that once the roadways are
complete, staff will work with the town's ERP software provider to enter the plots into the
system for sale, and that policies and pricing for plot sales will be brought back to Council.
HVAC Replacement at Police/Fire Rescue Facility: This project, approved in the prior fiscal
year's budget amendment, involves replacing all HVAC units in the facility. A scheduling
meeting was anticipated for the current week to notify building occupants of the timeline and
manage disruptions.
Councilman Moye asked about the status of a sign at the cemetery on Fire Tower Road.
Town Manager Parker acknowledged it remains on the list but that it has not yet advanced
given competing priorities. Mayor Pro Tem Roberson noted having recently visited the
cemetery site and was pleased with progress on the Reedy Branch Road project. She also
raised the possibility of seeking a historical site designation for the Fire Tower Road
cemetery, noting that some headstones are very old and that her great-grandfather, born
shortly after slavery, is buried there. She suggested the site might also be considered for
inclusion in the African American Trail project. Town Manager Parker and staff committed to
looking into the designation and reporting back.
Mayor Pro Tem Roberson also asked about the animal control contract. Town Manager
Parker confirmed she and new Animal Control Director Kimberly Mitchell are actively
working on the latest draft and anticipates presenting a report to Council at the September
meeting.
Human Resources Department
Human Resources Director Angie Fuller delivered an extensive quarterly report covering
April, May, and June 2026. Key highlights included:

21

•

The town received all job descriptions from the classification and pay study consultant the
prior week, and HR consultant Erica Phillips is expected to present the results of the PACE
study at the September meeting.

•

Personnel policy updates are in progress.

•

Positions filled and hired: Two Equipment Operators (Kristin Asensio and Jacque Roach);
Electric Line Supervisor (internal promotion, Nick Colton); Fire Inspector (Michael Stocks,
introduced earlier); Construction Inspector (internal promotion, Chris); three part-time
firefighters (Luke Vander Fest and Landon Odom started in June; one pending start date);
two new police officers (Katherine Trask and Andy Aginel).

•

Positions still in process: Police Platoon Supervisor (two openings, internal process, no hires
yet); Meter Technician (interviewed, not yet filled); Office Manager (position on hold); Police
Chief (supplemental questions collected from candidates, currently reviewing responses,
assessment center process being developed); Electric Line Technician (Nick Colton's former
position, interviews forthcoming); Full-Time Fire Engineer (interviewed, expected to be filled
soon).

•

The town partnered with Pitt Community College for a summer internship program from June
through July, hosting two interns, one in HR and one in Parks and Recreation. One of the
HR interns, Jeremiah McGrady, was selected by PCC to present on his internship
experience at the program's closing ceremony, which Director Fuller noted he managed with
distinction.

•

Open enrollment in June featured on-site Aflac (3 days) and LegalShield (1 day)
representatives.

•

All annual evaluations for part-time, permanent, and full-time employees were due at the end
of June.
Councilwoman Hawkins asked for clarification on what happens when internal postings
result in no hire. Director Fuller clarified that in cases where internal candidates are
interviewed but not yet promoted (as with the Police Platoon Supervisor position), the
process is still ongoing. She confirmed that if no suitable internal candidate is identified, a
position would be reposted publicly.
Electric Department
Electric Director Ron Mills reported that the department completed over 600 work orders
during the quarter. Approximately 500 residents received delinquent notices. Ongoing work
included relocating facilities underground for the Depot and Church Street reconstruction
project, installing services in the Eli's Ridge subdivision and 11 Main developments, and
supporting the Old Tar Road construction by de-energizing portions of lines for contractor
safety. The department also hung American flag banners in the community. Two employees
attended an Electric Cities substation training program in April.
Building Inspections / Code Enforcement
Building Inspector Johnston reported on notable commercial and residential construction
activity:

•

Commercial: Pit Welding is complete; Saladworks and Frutta Bowls are open in the Lowe's
Food Shopping Center; Reedy Branch Warehouse and Flex Space Storage is upfitting 10

22

spaces for various commercial uses; Freddy's Frozen Custard is under construction on West
Fire Tower Road; upfits are underway for the two remaining tenant spaces at the 2035
building in the Lowe's shopping center; Beacon Dental is constructing a new facility on
Beacon Drive; and Vincent Dental is renovating an adjacent space to their existing location.
•

Residential: Villa Grande Phase 3 is winding down with 6 lots remaining; Brookfield Section
4 has 1 open lot; Eli's Ridge subdivision is expected to have ongoing construction for
considerable time.

•

Code Enforcement: Activity has been slower due to the summer drought, though Mr.
Johnston noted the drought has now ended and grass growth will increase activity.
Planning and Economic Development Department
Planning and Economic Development Director Stephen Penn reported that the residential lot
supply is surprisingly low, creating a need for new lots to come online. He noted that South
Brook (Church Street side), Blackstone (final phase of approximately 12 lots), and Quail
Trace are expected to bring additional residential lots to market by year-end or shortly
thereafter. On the commercial side, the department is seeing significant interest from out-ofstate investors and larger commercial operators. A recently received proposal for a 50,000
square foot "office flex space", a large facility designed for service businesses such as
HVAC, flooring, or wholesale distributors with a small, attached office, was highlighted as a
new and needed product type for the local market.
XVI. Announcements
Mayor Hines highlighted the following upcoming events and dates:

•
•
•
•

Coffee and Conversation: Friday, August 14, 2026, 4:00–7:00 PM, Market on the Square
Watermelon Festival: August 27–30, 2026, Winterville Recreation and Parks
Labor Day Holiday: Monday, September 7, 2026 – Town Hall closed.
Regular Town Council Meeting: Monday, September 14, 2026
XVII. Reports From The Town Manager, Town Attorney, Town Council, And Mayor
Town Attorney Lassiter reported no new matters but noted that a closed session was
scheduled for that evening to allow the Council to provide instruction to staff and negotiating
agents regarding the possible purchase of real estate.
Councilwoman Dr. Harrell thanked the residents in attendance and all town staff for their
hard work, and extended best wishes to all students, staff, and administrators returning to
school for a wonderful and safe school year.
Councilwoman Hawkins asked Town Manager Parker for a status update on a draft trash
rollout policy. Town Manager Parker confirmed she has been reviewing policies from other
municipalities, is working to identify the approach that best fits Winterville's services and
anticipates presenting a draft at the September meeting. Councilwoman Hawkins also
addressed the public directly, affirming that the Council is present to serve, listen, celebrate
with, and represent the residents of Winterville. She commended residents who had
remained at the meeting since 6:00 PM, calling their presence commendable. She also
noted that the Winterville Chamber of Commerce has issued parade applications for the
upcoming Watermelon Festival and offered encouragement and prayers for students and
educators returning to school, noting that educators begin the following week.

23

Councilman Moye thanked all staff and departments for their collaborative work and asked
the Council and staff to continue working together and take service to the community to the
next level.
Councilwoman Smith offered special recognition to Public Works, the Utility Department, and
Code Enforcement for keeping the town well-maintained, and gave a particular shout-out to
the patriotic seasonal decor. She encouraged residents to visit the parks in the fall to enjoy a
variety of athletic programs, including flag football, fall baseball, soccer, and cheerleading.
She congratulated the 9-U All Stars on winning the state tournament hosted in Winterville
and recognized all staff who contributed to making that event a success. She looked forward
to the Watermelon Festival as a signature part of Winterville's community identity.
Mayor Pro Tem Roberson echoed thanks to staff and attendees. She offered a special
acknowledgment to Councilwoman Hawkins and her daughter for their foundational work in
establishing the Human Relations Board prior to Councilwoman Hawkins being elected,
noting that she had initiated the concept years ago after attending a meeting elsewhere and
seeing the need for Winterville to have such a board.
Mayor Hines thanked the community for their continued support and encouraged residents
to reach out with any questions. He mentioned he had personally walked the new cemetery
site earlier that day. He also shared that after his police ride along; his next planned ride
along will be with the Fire Department. He noted that he had recently taken part in an ALS
Ice Bucket Challenge and confirmed it was cold but worth it.
XVIII. Closed Session
Motion made by Councilwoman Dr. Harrel and seconded by Mayor Pro Tem Roberson
to enter into Closed Session pursuant to NCGS § 143-318.11(a)(5), to receive
instruction and discuss the town's negotiating position regarding the acquisition of
real property. Motion carried unanimously, 5-0. Entered into Closed Session at 8:41
pm.
The Council entered Closed Session. Upon conclusion of the Closed Session, the Council
returned to Open Session.
Motion made by Councilwoman Dr. Harrell and seconded by Councilwoman Smith to
return to Open Session. Motion carried unanimously, 5-0.
XIX. Adjourn.
Motion made by Councilwoman Dr. Harrell and seconded by Councilwoman Smith to
adjourn the meeting. Motion carried unanimously, 5-0. Meeting adjourned at 8:58 pm.
Adopted the 14th day of September 2026.

Richard E. Hines, Mayor
ATTEST:

Donald Harvey, Town Clerk

24

Town of Winterville
Town Council
Agenda Abstract

Item Section: Consent Agenda
Meeting Date: September 14, 2026

Presenter: Stephen Penn, Planning and Economic Development Director

Item to be Considered
Subject: Carroll Crossing Section 4 Annexation Petition.
Action Requested: Schedule Public Hearing for October Town Council Meeting.
Attachment: Annexation Petition, Legal Description, Annexation Map and Certificate of Sufficiency.
Prepared By: Stephen Penn, Planning and Economic Development Director

Date: 8/24/2026

ABSTRACT ROUTING:
☐ TC: 9/8/2026

☒ TM: 9/8/2026

☒ Final: tlp - 9/8/2026

Supporting Documentation
Applicant: Eugene & Yutian Wang (Property Owners)
Location: Church Street Ext and Jeremy Ln (Adjacent to Existing Carroll Crossing Subdivision.)
Parcel Numbers: 04819.
Site Data: 4.19 acres.
Zoning: R-8 Conditional District (CD).
Staff Analysis:
Applicant is requesting annexation of Carroll Crossing Section 4. The property is expected to feature 11
duplexes (22 units in total) and one single-family detached unit for a total of 23 residential units on the 4.19
acres. The site will also feature a stormwater pond and will have direct ingress/egress access onto both
Church Street and Jeremy Ln.
Anticipated Annexation Schedule:
8/10/26: Direct Town Clerk To Investigate Sufficiency.
9/14/26: Schedule Public Hearing.
10/12/26: Hold Public Hearing.
If approved, anticipated Effective Date will be October 31, 2026.

Staff recommends approval of the annexation petition.

Budgetary Impact: NA.
Recommendation: Staff recommends Council schedule a Public Hearing for the October Town Council
Meeting.
20260219

25

PETITION REQUESTING ANNEXATION

Date: _____________________
To the Mayor and Town Council of the Town of Winterville:
1.
We the undersigned owners of real property respectfully requested that
the area described in Paragraph 2 below be annexed to the Town of Winterville.
 All owners of the property must sign.
2
The area to be annexed is contiguous to the Town of Winterville and the
boundaries of such territory are as follows:
Description

REFER TO ATTACHED LEGAL DESCRIPTION
(TAKEN FROM PROPERTY DEED)

Name_________________________________
Address________________________________
3412 flora Dr, Winterville ,NC 28590
Eugene Wang
Signature_________________________________
Name_________________________________
Address________________________________
Yutian Wang
Signature_________________________________
Name_________________________________ Address________________________________
Signature_________________________________
26

Beginning at a 5/8” ERB Flush said point have NC Grid Coordinates of N: 647,294.06, E:
2,474,938.84;
thence S 75°16'04" E a distance of 262.78' to a ½” EIP 4” Below Grade;
thence S 03°12'02" E a distance of 102.90' to a ½” EIP 4” Below Grade;
thence S 03°10'47" E a distance of 89.98' to a ½” EIP 4” Below Grade;
thence S 03°10'18" E a distance of 45.09' to a ½” EIP 4” Below Grade;
thence S 03°07'45" E a distance of 44.98' to a ½” EIP Flush;
thence S 03°15'22" E a distance of 45.09' to a ½” EIP Flush;
thence S 03°10'17" E a distance of 44.81' to a ½” EIP Flush;
thence S 03°11'56" E a distance of 89.98' to a ½” EIP Flush;
thence S 03°08'30" E a distance of 44.96' to a ½” EIP 4” Below Grade;
thence S 03°08'53" E a distance of 89.97' to a ½” EIP 4” Flush;
thence S 02°41'19" E a distance of 45.00' to a ½” EIP 4” Below Grade;
thence S 03°41'10" E a distance of 43.07' to a½” EIP 4” Below Grade;
thence S 03°17'02" E a distance of 43.35' to a ½” EIP 4” Below Grade;
thence N 73°30'58" W a distance of 109.65' to a ½” EIP 4” Below Grade;
thence with a curve turning to the left with an arc length of 119.89', with a radius of 375.00',
with a chord bearing of N 82°43'29" W, with a chord length of 119.38',thence with a curve to
a NIP Flush;
thence with a reverse curve turning to the right with an arc length of 46.44', with a radius of
30.00', with a chord bearing of N 47°32'14" W, with a chord length of 41.94',thence with a
reverse curve to a ¾” Existing Iron Pipe Buried 3”;
thence N 03°11'25" W a distance of 721.44' to a 5/8” ERB Flush;
which is the point of beginning,
having an area of 182571.44 square feet, 4.19 acres

27

11

lord

Ga y

1149

ill St

S. M

Grove

Dr

y Ln

RADIUS
375.00'
30.00'
345.00'

TANGENT
60.46'
29.32'
59.66'

CHORD LENGTH
119.38'
41.94'
117.58'

h Street
rc
u
h
C
4
1
7
1
R
S
C
N
lic Right of Way

_____________________________________________________________
Stuart H. Sorrell, Professional Land Surveyor L-5562

R/W

June
Witness my original signature and seal this 11
____ day of ______________
, 2026

4'

Jere
m

1/2" EIP

1/2" EIP

1/2" EIP

1/2" EIP
4" Below Grade

23A

27B

27A

80

0

Scale 1" = 80'

R/W

R/W

1/2" EIP
4" Below Grade
1/2" EIP
4" Below Grade

23B

24A

24B

1/2" EIP
4" Below Grade

25

26

27A

26

80

160

ACCEPTED FOR THE TOWN OF WINTERVILLE
MAYOR: ___________________ DATE: __________

240

Deed Book 4512, Page 290
Map Book 91, Page 40

Nasim Khattab

Now or Formerly

Deed Book 4526, Page 800
Map Book 91, Page 40

Now or Formerly

Deed Book 2073, Page 446
Map Book 61, Page 147

John H. Evans

Now or Formerly

Marc Berson and
spouse, Lauren Berson

MAP SHOWING AREA ANNEXED BY
TOWN OF WINTERVILLE, N.C.

60' P
y
2 La ublic R Lane
ig
ne P
aved ht of W
Roa ay
dwa
y

C3

1/2" EIP

Deed Book 4043, Page 356
Map Book 61, Page 147

AKR Holdings, LLC

Now or Formerly

Deed Book 4013, Page 334
Map Book 63, Page 95

Deed Book 3264, Page 157

William D. Harrell and
wife, Carolyn Harrell

Now or Formerly

Pitt County, NC
Surveyed June 10, 2026

S

E

FILE NO. 2025-321-147

"Serving the land surveying needs of Eastern NC"

W

N

Hugh A. Sorrell, L-2849
Stuart H. Sorrell, L-5562
Thomas L. Bohrer, L-3312
107 Union Drive, Suite 201 Washington, NC
www.sorrelllandsurveying.com
Office (252) 948-2464
Company License: C-3508

Sorrell Land Surveying, Inc.

Winterville Township
Scale 1" = 80'

2020 Global Investments, LLC

Of Property Standing in the Name of:

2020 Global
Investments, LLC.

A Annexation Map for:

OWNER INFORMATION:
2020 GLOBAL INVESTMENTS, LLC
3412 FLORA DRIVE
WINTERVILLE, NC 28590

A

Deed Book 2778, Page 70
Map Book 62, Page 78

Now or Formerly

32A Kumiko F. Truesdale

Deed Book 2693, Page 106
Map Book 62, Page 78

Now or Formerly

Deed Book 4747, Page 300
Map Book 62, Page 78

Christian D. Brown

Now or Formerly

31B Jeffrey D. Hasselbach

31A

Deed Book 1878, Page 774
Map Book 61, Page 147

John H. Evans

Now or Formerly

30

John H. Evans

Now or Formerly

Deed Book 4522, Page 106
Map Book 91, Page 40

Amy Spruill and
Albert F. Furbush, III

Now or Formerly

Now or Formerly

29

28B

Deed Book 4543, Page 312
Map Book 91, Page 40

Deed Book 1878, Page 774
Map Book 61, Page 147

husband, James T. Manning

25

Now or Formerly

Gary Berson and
spouse, Rosemary Berson

28A

Deed Book 3202, Page 664
Map Book 63, Page 95

Gail L. Cristiano,
Dennis M. Cristiano,
and Nicholas Cristiano

Now or Formerly

Deed Book 3986, Page 547
Map Book 62, Page 195

Toshi S. James

Now or Formerly

Deed Book 3568, Page 181
Map Book 62, Page 195

Betty S. Fields

Now or Formerly

24B Heather G. Manning and

24A

23B

23A

Adjacent Property Owners

EFFECTIVE DATE: _________ ORDINANCE NO. ________ AREA 4.19 ACRES
WINTERVILLE TOWNSHIP, PITT COUNTY, N.C.

R/W

That this plat was prepared in accordance with GS 47-30 as amended. That this plat meets
the requirements of GS 47-30 section F-11, this survey is of another category, such as the
recombination of existing parcels or other exception to the definition of a subdivision.

4" Below Grade
N 73
°30'5
109. 8" W
65'
N 73
°30'5
120. 8" W
42'

Limit Lin 1/2" EIP
e

C1

1/2" EIP

L11

Datum/Epoch : NAD 83 / 2011 adjustment
Published / Fixed control used : "VRS"
Geoid Model : GEOID 18
Combined Grid Factor : 0.999988713
Units : US SURVEY FEET

Type of GPS field procedure : Virtual Receiving Station
Dates of survey : June 10, 2026

GPS receiver used: Spectra SP 80
Class of survey : C
Positional accuracy : 0.03

NIP
Flush

Old City

28A

1/2" EIP
4" Below Grade

27B

28B

29

31A

1/2" EIP
4" Below Grade

L10

That the following information was used to perform the GPS survey.

L12

C2

3/4" Existing
Iron Pipe Buried 3"

4.19 Acres
182,571.44 sq ft

30

1/2" EIP
4" Below Grade

L9

I, Stuart H. Sorrell , a Professional Land Surveyor in the State of North Carolina,
certify that this plat was drawn under my supervision from an actual survey performed
under my supervision. That the boundaries surveyed are defined in Deed Book 4475,
Page 363. That the boundaries not surveyed are clearly indicated by broken lines.
That the ratio of precision as calculated is 1: 10,000 +.

CHORD BEARING
N 82°43'29" W
N 47°32'14" W
N 83°22'45" W

Line

1/2" EIP
4" Below Grade

L8

Surveyor's Certificate & Parcel Status

ARC LENGTH
119.89'
46.44'
118.15'

Old City Limit Line

DELTA ANGLE
18°19'02"
88°41'33"
19°37'19"

60' Pub
ay
2 Lane Paved Roadw

CURVE TABLE

4'

= NEW CITY LIMIT
= OLD CITY LIMIT
= CITY LIMIT
= RIGHT OF WAY
= CENTERLINE
= LINES NOT SURVEYED

it y L
imit

Annexation Area

Ol d C

8'

C
i
t
y
L
imit L
ine
262.7

31B

S 03°11'56" E
89.98'
L7

CURVE
C1
C2
C3

DISTANCE
89.98'
45.09'
44.98'
45.09'
44.81'
44.96'
89.97'
45.00'
43.07'
43.35'
31.88'
50.76'
31.53'

N 03°11'25" W 791.0

BEARING
S 03°10'47" E
S 03°10'18" E
S 03°07'45" E
S 03°15'22" E
S 03°10'17" E
S 03°08'30" E
S 03°08'53" E
S 02°41'19" E
S 03°41'10" E
S 03°17'02" E
S 03°17'02" E
S 86°48'35" W
S 75°16'04" E

N 03°11'25" W 721.4
L5

EIP = Existing Iron Pin
NIP = New Iron Pin
ECM = Existing Concrete Monument
EPKN = Existing Nail or Spike
NPS = No Point Set

4" E

e

° 1 6' 0

Limi
t Lin

S 75

32A

L4

LINE TABLE

Legend

Cit y

Control Corner
NC Grid Coordinates
N= 647,294.06
E= 2,474,938.84

N ew

5/8" ERB
Flush

A

Old City Limit Line
L3

LINE
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13

1713
a Ell
is Rd

Jere
m

Holly

Site

L aur

L1 3

Old City Limit Line

VICINITY MAP - 1" = 1000'

Church St Ext

1714

Ch u

r ch

St

Special Notes

Kinsey Loop

St

1- This plat is subject to any facts that maybe disclosed by a full and accurate
title search, as well as any right of ways easements, zoning regulations and
restrictive covenants of record not shown hereon.
2- Area computed by the Method of Coordinate Geometry.
3- All distances are horizontal ground unless otherwise noted.
4- Wetlands were not defined or mapped during this survey.
5- Underground utilities may exist that are not shown heron.
6- Right of Way was derived from adjoining surveys( Deed Book 4475, Page
363)

11

Hwy

R/W

NC

L1

Ol d

Jessica Dr

City Limit Line

NC GRID
NAD 83/2011
"VRS"

R/W
S 03°12'02" E
102.90'
L2
L6

28

29

11

lord

Ga y

1149

ill St

S. M

Grove

Dr

y Ln

RADIUS
375.00'
30.00'
345.00'

TANGENT
60.46'
29.32'
59.66'

CHORD LENGTH
119.38'
41.94'
117.58'

h Street
rc
u
h
C
4
1
7
1
R
S
C
N
lic Right of Way

_____________________________________________________________
Stuart H. Sorrell, Professional Land Surveyor L-5562

R/W

June
Witness my original signature and seal this 11
____ day of ______________
, 2026

4'

Jere
m

1/2" EIP

1/2" EIP

1/2" EIP

1/2" EIP
4" Below Grade

23A

27B

27A

80

0

Scale 1" = 80'

R/W

R/W

1/2" EIP
4" Below Grade
1/2" EIP
4" Below Grade

23B

24A

24B

1/2" EIP
4" Below Grade

25

26

27A

26

80

160

ACCEPTED FOR THE TOWN OF WINTERVILLE
MAYOR: ___________________ DATE: __________

240

Deed Book 4512, Page 290
Map Book 91, Page 40

Nasim Khattab

Now or Formerly

Deed Book 4526, Page 800
Map Book 91, Page 40

Now or Formerly

Deed Book 2073, Page 446
Map Book 61, Page 147

John H. Evans

Now or Formerly

Marc Berson and
spouse, Lauren Berson

MAP SHOWING AREA ANNEXED BY
TOWN OF WINTERVILLE, N.C.

60' P
y
2 La ublic R Lane
ig
ne P
aved ht of W
Roa ay
dwa
y

C3

1/2" EIP

Deed Book 4043, Page 356
Map Book 61, Page 147

AKR Holdings, LLC

Now or Formerly

Deed Book 4013, Page 334
Map Book 63, Page 95

Deed Book 3264, Page 157

William D. Harrell and
wife, Carolyn Harrell

Now or Formerly

Pitt County, NC
Surveyed June 10, 2026

S

E

FILE NO. 2025-321-147

"Serving the land surveying needs of Eastern NC"

W

N

Hugh A. Sorrell, L-2849
Stuart H. Sorrell, L-5562
Thomas L. Bohrer, L-3312
107 Union Drive, Suite 201 Washington, NC
www.sorrelllandsurveying.com
Office (252) 948-2464
Company License: C-3508

Sorrell Land Surveying, Inc.

Winterville Township
Scale 1" = 80'

2020 Global Investments, LLC

Of Property Standing in the Name of:

2020 Global
Investments, LLC.

A Annexation Map for:

OWNER INFORMATION:
2020 GLOBAL INVESTMENTS, LLC
3412 FLORA DRIVE
WINTERVILLE, NC 28590

A

Deed Book 2778, Page 70
Map Book 62, Page 78

Now or Formerly

32A Kumiko F. Truesdale

Deed Book 2693, Page 106
Map Book 62, Page 78

Now or Formerly

Deed Book 4747, Page 300
Map Book 62, Page 78

Christian D. Brown

Now or Formerly

31B Jeffrey D. Hasselbach

31A

Deed Book 1878, Page 774
Map Book 61, Page 147

John H. Evans

Now or Formerly

30

John H. Evans

Now or Formerly

Deed Book 4522, Page 106
Map Book 91, Page 40

Amy Spruill and
Albert F. Furbush, III

Now or Formerly

Now or Formerly

29

28B

Deed Book 4543, Page 312
Map Book 91, Page 40

Deed Book 1878, Page 774
Map Book 61, Page 147

husband, James T. Manning

25

Now or Formerly

Gary Berson and
spouse, Rosemary Berson

28A

Deed Book 3202, Page 664
Map Book 63, Page 95

Gail L. Cristiano,
Dennis M. Cristiano,
and Nicholas Cristiano

Now or Formerly

Deed Book 3986, Page 547
Map Book 62, Page 195

Toshi S. James

Now or Formerly

Deed Book 3568, Page 181
Map Book 62, Page 195

Betty S. Fields

Now or Formerly

24B Heather G. Manning and

24A

23B

23A

Adjacent Property Owners

EFFECTIVE DATE: _________ ORDINANCE NO. ________ AREA 4.19 ACRES
WINTERVILLE TOWNSHIP, PITT COUNTY, N.C.

R/W

That this plat was prepared in accordance with GS 47-30 as amended. That this plat meets
the requirements of GS 47-30 section F-11, this survey is of another category, such as the
recombination of existing parcels or other exception to the definition of a subdivision.

4" Below Grade
N 73
°30'5
109. 8" W
65'
N 73
°30'5
120. 8" W
42'

Limit Lin 1/2" EIP
e

C1

1/2" EIP

L11

Datum/Epoch : NAD 83 / 2011 adjustment
Published / Fixed control used : "VRS"
Geoid Model : GEOID 18
Combined Grid Factor : 0.999988713
Units : US SURVEY FEET

Type of GPS field procedure : Virtual Receiving Station
Dates of survey : June 10, 2026

GPS receiver used: Spectra SP 80
Class of survey : C
Positional accuracy : 0.03

NIP
Flush

Old City

28A

1/2" EIP
4" Below Grade

27B

28B

29

31A

1/2" EIP
4" Below Grade

L10

That the following information was used to perform the GPS survey.

L12

C2

3/4" Existing
Iron Pipe Buried 3"

4.19 Acres
182,571.44 sq ft

30

1/2" EIP
4" Below Grade

L9

I, Stuart H. Sorrell , a Professional Land Surveyor in the State of North Carolina,
certify that this plat was drawn under my supervision from an actual survey performed
under my supervision. That the boundaries surveyed are defined in Deed Book 4475,
Page 363. That the boundaries not surveyed are clearly indicated by broken lines.
That the ratio of precision as calculated is 1: 10,000 +.

CHORD BEARING
N 82°43'29" W
N 47°32'14" W
N 83°22'45" W

Line

1/2" EIP
4" Below Grade

L8

Surveyor's Certificate & Parcel Status

ARC LENGTH
119.89'
46.44'
118.15'

Old City Limit Line

DELTA ANGLE
18°19'02"
88°41'33"
19°37'19"

60' Pub
ay
2 Lane Paved Roadw

CURVE TABLE

4'

= NEW CITY LIMIT
= OLD CITY LIMIT
= CITY LIMIT
= RIGHT OF WAY
= CENTERLINE
= LINES NOT SURVEYED

it y L
imit

Annexation Area

Ol d C

8'

C
i
t
y
L
imit L
ine
262.7

31B

S 03°11'56" E
89.98'
L7

CURVE
C1
C2
C3

DISTANCE
89.98'
45.09'
44.98'
45.09'
44.81'
44.96'
89.97'
45.00'
43.07'
43.35'
31.88'
50.76'
31.53'

N 03°11'25" W 791.0

BEARING
S 03°10'47" E
S 03°10'18" E
S 03°07'45" E
S 03°15'22" E
S 03°10'17" E
S 03°08'30" E
S 03°08'53" E
S 02°41'19" E
S 03°41'10" E
S 03°17'02" E
S 03°17'02" E
S 86°48'35" W
S 75°16'04" E

N 03°11'25" W 721.4
L5

EIP = Existing Iron Pin
NIP = New Iron Pin
ECM = Existing Concrete Monument
EPKN = Existing Nail or Spike
NPS = No Point Set

4" E

e

° 1 6' 0

Limi
t Lin

S 75

32A

L4

LINE TABLE

Legend

Cit y

Control Corner
NC Grid Coordinates
N= 647,294.06
E= 2,474,938.84

N ew

5/8" ERB
Flush

A

Old City Limit Line
L3

LINE
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
L13

1713
a Ell
is Rd

Jere
m

Holly

Site

L aur

L1 3

Old City Limit Line

VICINITY MAP - 1" = 1000'

Church St Ext

1714

Ch u

r ch

St

Special Notes

Kinsey Loop

St

1- This plat is subject to any facts that maybe disclosed by a full and accurate
title search, as well as any right of ways easements, zoning regulations and
restrictive covenants of record not shown hereon.
2- Area computed by the Method of Coordinate Geometry.
3- All distances are horizontal ground unless otherwise noted.
4- Wetlands were not defined or mapped during this survey.
5- Underground utilities may exist that are not shown heron.
6- Right of Way was derived from adjoining surveys( Deed Book 4475, Page
363)

11

Hwy

R/W

NC

L1

Ol d

Jessica Dr

City Limit Line

NC GRID
NAD 83/2011
"VRS"

R/W
S 03°12'02" E
102.90'
L2
L6

30

Town of Winterville
Town Council
Agenda Abstract

Item Section: Consent Agenda
Meeting Date: September 14, 2026

Presenter: Stephen Penn, Planning and Economic Development Director

Item to be Considered
Subject: Zoning and Subdivision Ordinance Amendment Proposal - Sidewalks, & Dumpsters.
Action Requested: Schedule Public Hearing for October 12, 2026 Town Council Meeting.
Attachment: Zoning Ordinance Amendment Proposals: Sidewalks and Dumpsters.
Prepared By: Stephen Penn, Planning and Economic Development Director

Date: 8/24/2026

ABSTRACT ROUTING:
☒ TC: 9/8/2026

☒ TM: 9/8/2026

☒ Final: tlp - 9/8/2026

Supporting Documentation
To better serve the current and future residents of this community, Town staff has identified two proposed
ordinance amendments:
1. Sidewalks: Adding sidewalk requirements to the Zoning Ordinance to ensure all new projects require
sidewalks, regardless of whether the project goes through the subdivision process. This update will help
ensure sidewalk development where necessary-- non-residential developments, multi-family or singlefamily attached developments, two-family residential, and significant expansion projects. This ordinance
also provides clarity for both staff and developers, in order to provide a clearer understanding of the
requirements.
2. Dumpsters: Adding "Stationary Sanitary Container" requirements for all multi-family dwellings, and
single-family attached, of more than two attached units". Roller bin service to single-family attached has
created issues with regard to where the bins are stored, interference with communal parking, etc. This
ordinance will now require all multi-family dwelling or single-family attached (townhome) dwellings to
install stationary sanitary containers on concrete pads rather than roll-out trash service.
Planning and Zoning Board unanimously recommended approval of these amendments at their August 17,
2026 meeting.

Budgetary Impact: NA.
Recommendation: Staff recommends Council schedule a Public Hearing for the October Town Council
Meeting.
20260219

31

ZONING ORDINANCE AMENDMENTS – SUMMARY
•
•

Adding Sidewalk Requirements to the Zoning Ordinance. Sidewalks are currently
addressed/required in the Subdivision Ordinance except for the Central Business Transition
Overlay District.
This amendment is to ensure that we require sidewalks for projects that do not involve the
Subdivision Ordinance. The proposed change will allow staff to require sidewalks for projects
that do not go through the Subdivision Ordinance and are not within the Central Business
Transition Overlay Zoning District.

Current Requirements:
Sidewalk Requirements:
•

Subdivision Ordinance: Requires sidewalks in the following instances but only when a
subdivision occurs.

Section 154.35

Sidewalks

Sidewalks shall be provided by the subdivider in accordance with the following:
1) Sidewalks shall be provided with public street extensions pursuant to Section 154.37.
2) The location of proposed sidewalks required pursuant to this section shall be in accordance
with Town standards.
3) Sidewalks shall be provided along both sides of all minor and major
thoroughfares as shown on the Thoroughfare Plan.
4) Sidewalks shall be provided along one side of all local streets.
5) Sidewalks shall be provided along one side of cul-de-sac streets with the sidewalk
terminating where the cul-de-sac turnaround begins.
6) The arrangement of sidewalks in new subdivision shall make provision of the continuation
of existing sidewalks in adjoining areas.
•

Zoning Ordinance: Requires sidewalks to be added adjacent to Central Business Transition
Overlay Zoning Districts:
o Required Sidewalk Improvements. All non-residential uses within the Central Business Transition
Overlay District shall install a minimum five (5) feet wide sidewalk along the entire street
frontage of any portion of the subject property that abuts a public street. Required sidewalks
shall be constructed in accordance with the sidewalk construction standards of the Town of
32

Winterville Design Standards Manual. (04-O-126, adopted 10/11/2004)

Proposed Changes to the Winterville Zoning & Subdivision Ordinances:
Zoning Ordinance Proposed Changes:
Section 3.26: Sidewalks:
Sidewalks shall be installed along the entire street frontage for all new construction and for renovations,
additions, and/or expansions to existing structures which fall into one or more of the following categories:
1.
2.
3.
4.

All subdivisions as defined by the Subdivision Ordinance.
All new Multi-family residential, Two-family, and Single-Family Attached residential.
All new non-residential developments.
All non-residential additions or expansion to structures where the expansion results in an increase of
more than 60 percent value of the structure. (This includes a single project or cumulative projects within
a 5-year period.)
Requirements for all Sidewalks:
• Required sidewalks shall be constructed by the builder or developer in accordance with the Town
of Winterville Design Standards Manual.
• An ADA-accessible pedestrian path shall be provided from the street to the building entrance and
other site areas intended for pedestrian access. The path shall be thoughtfully integrated with
the development’s sidewalk network to provide a safe, accessible, and continuous pedestrian
connection from the street throughout the development.
Subdivision Ordinance Proposed Changes:

Section 154.35

Sidewalks

Sidewalks shall be provided by the subdivider in accordance with the following:
1) Sidewalks shall be provided with public street extensions pursuant to Section 154.37.
2) The location of proposed sidewalks required pursuant to this section shall be in accordance
with Town standards.
3) Sidewalks shall be provided along both sides of all minor and major
thoroughfares as shown on the Thoroughfare Plan.
4) Sidewalks shall be provided along one side of all local streets.
a.
Sidewalks shall be provided along both sides of all streets for Non-Residential,
Multi-Family Residential, Two-Family Residential, or Single-Family Attached Residential
Developments.
5) Cul-de Sac Bulb Requirement- The sidewalk shall continue around the full perimeter of
the cul-de-sac turnaround.
6) The arrangement of sidewalks in new subdivision shall make provision of the continuation
of existing sidewalks in adjoining areas.

33

ZONING ORDINANCE AMENDMENTS – SUMMARY
•

Adding a Special Requirement stipulation that will require Single-Family Attached townhome
developments to utilize "Stationary Sanitary Containers"/ Stationary dumpsters rather than
individual roll dumpsters.

Current Requirements:
Zoning Ordinance Changes: Article VI Table of Permitted and Special Uses; Section 6.5 Special Requirements to
the Table of Permitted and Special Uses. ; SR 2. Two Family, Single Family Attached and Multifamily dwelling
Current Requirements:

SR 2. Two Family, Single Family Attached and Multifamily Dwellings
a. No multi-family dwellings or series of attached single-family, multi-family buildings
or other such arrangements shall exceed a length of one hundred fifty(150) feet when
measured along the longest axis of the building or series of attached units when placed
in a theoretical straight alignment.
1.

No multi-family development shall contain more than twenty (20) dwelling
units unless the development shall have frontage along and direct primary
access on a major or minor thoroughfare as shown on the Thoroughfare Plan.
2. No multi-family development shall contain more than sixty (60) dwelling units
unless the development shall have frontage along and direct access on two
major or minor thoroughfares or combinations thereof as shown on the
Thoroughfare Plan.
3. Any multi-family development with more than 100 dwelling units shall meet
the requirements of 2 above and shall submit a certified traffic engineering
report evaluating the capability of the adjoining street system to carry the traffic
generated by the development
b. An individual multi-family building, two family dwelling or a single series of attached
dwelling units to be located on an individual lot shall be developed in accordance with
the area, yard and height requirements of the district in which located the same as any
other individual building on an individual lot. Provided that in the R-8 zoning district,
two-family dwellings within a subdivision shall only be permitted on a corner lot. The
conveyance of ground space for single-family attached units or for common area or
34

similar purposes shall not preclude development under this subsection. Such
conveyances however shall be subject to the requirements of the Subdivision
Ordinance and may be subject to the North Carolina Unit Ownership Act.
c. In any case where more than one multi-family building, more than one two-family
dwelling or more than one series of attached dwelling units are proposed to be
constructed on one lot, such development shall be in conformance with the following
residential group development standards:
1. Site Plan. No zoning permit or building permit shall be issued for construction
in a group residential development except in accordance with a site plan
approved by the Planning Board, in accordance with the standards herein. In
any case where land is to be dedicated in a group residential development, a
Subdivision Plan may be required by the Subdivision Ordinance. Developments
that are proposed to be developed under the North Carolina Unit Ownership
Act shall meet the requirements of that Act by recording the declaration and
plan with the Register of Deeds. Where land is to be conveyed in accordance
with such declaration and plan, the developer shall first comply with the
Subdivision Ordinance.
2. Density. The number of dwelling units per unit of land area shall not exceed the
number of dwelling units per unit of land area permitted in the district in which
the development is located. Fractional units above one- half (1/2) may be
rounded to the next highest number once the basic number of units exceeds
twenty (20).
3. Yard Requirements. The following yard requirements are hereby established:
A.
Exterior. Along each exterior property line or public street, the
minimum front, rear and side yard setback of the Zoning District shall
be maintained
B.
Interior. For each building erected along a private street or
accessway, a minimum setback of twenty (20) feet shall be maintained
from the nearest edge of street or accessway pavement.
C.
Distance Between Buildings. A distance of at least twenty (20) feet
shall be maintained between all buildings within the development.
4. Street or Accessways. All private streets or accessways providing ingress and
egress from the development to an existing public street system shall comply
with the current standards being required by the subdivision regulations then in
effect, including street drainage, except that no curb and gutter is required and a
pavement width of only 20 feet shall be required.
5. Sidewalks. Sidewalks shall be installed in the same manner and under the same
criteria as that established in the Subdivision Regulations.
6. Storm Drainage Improvements. Storm drainage improvements shall be made in
the same manner and under the same criteria as that established in the
Subdivision Regulations.
7. Sanitary Containers. Stationary sanitary containers shall be located so as not to
interfere with sight distance or the free movement of vehicles on streets or
service drives and so as to allow collector trucks adequate maneuvering space
to empty the containers and to leave the property without excessive backing.
Concrete pads in conformance with the public works department’s stationary
container location standards shall be located beneath of and in the approach to
each stationary sanitary container.
35

Proposed Changes to the Winterville Zoning Ordinance:
Proposed Changes:
SR 2. Two Family, Single Family Attached and Multifamily Dwellings
a. No multi-family dwellings or series of attached single-family, multi-family buildings
or other such arrangements shall exceed a length of one hundred fifty(150) feet when
measured along the longest axis of the building or series of attached units when placed
in a theoretical straight alignment.
1.

No multi-family development shall contain more than twenty (20) dwelling
units unless the development shall have frontage along and direct primary
access on a major or minor thoroughfare as shown on the Thoroughfare Plan.
2. No multi-family development shall contain more than sixty (60) dwelling units
unless the development shall have frontage along and direct access on two
major or minor thoroughfares or combinations thereof as shown on the
Thoroughfare Plan.
3. Any multi-family development with more than 100 dwelling units shall meet
the requirements of 2 above and shall submit a certified traffic engineering
report evaluating the capability of the adjoining street system to carry the traffic
generated by the development
b. An individual multi-family building, two family dwelling or a single series of attached
dwelling units to be located on an individual lot shall be developed in accordance with
the area, yard and height requirements of the district in which located the same as any
other individual building on an individual lot. Provided that in the R-8 zoning district,
two-family dwellings within a subdivision shall only be permitted on a corner lot. The
conveyance of ground space for single-family attached units or for common area or
similar purposes shall not preclude development under this subsection. Such
conveyances however shall be subject to the requirements of the Subdivision
Ordinance and may be subject to the North Carolina Unit Ownership Act.
c. In any case where more than one multi-family building, more than one two-family
dwelling or more than one series of attached dwelling units are proposed to be
constructed on one lot, such development shall be in conformance with the following
residential group development standards:
1. Site Plan. No zoning permit or building permit shall be issued for construction
in a group residential development except in accordance with a site plan
approved by the Planning Board, in accordance with the standards herein. In
any case where land is to be dedicated in a group residential development, a
Subdivision Plan may be required by the Subdivision Ordinance. Developments
that are proposed to be developed under the North Carolina Unit Ownership
Act shall meet the requirements of that Act by recording the declaration and
plan with the Register of Deeds. Where land is to be conveyed in accordance
with such declaration and plan, the developer shall first comply with the
Subdivision Ordinance.
36

"Sanitary
Containers"
requirement
moved to its
own category
"d".

2. Density. The number of dwelling units per unit of land area shall not exceed the
number of dwelling units per unit of land area permitted in the district in which
the development is located. Fractional units above one- half (1/2) may be
rounded to the next highest number once the basic number of units exceeds
twenty (20).
3. Yard Requirements. The following yard requirements are hereby established:
A.
Exterior. Along each exterior property line or public street, the
minimum front, rear and side yard setback of the Zoning District shall
be maintained
B.
Interior. For each building erected along a private street or
accessway, a minimum setback of twenty (20) feet shall be maintained
from the nearest edge of street or accessway pavement.
C.
Distance Between Buildings. A distance of at least twenty (20) feet
shall be maintained between all buildings within the development.
4. Street or Accessways. All private streets or accessways providing ingress and
egress from the development to an existing public street system shall comply
with the current standards being required by the subdivision regulations then in
effect, including street drainage, except that no curb and gutter is required and a
pavement width of only 20 feet shall be required.
5. Sidewalks. Sidewalks shall be installed in the same manner and under the same
criteria as that established in the Subdivision Regulations.
6. Storm Drainage Improvements. Storm drainage improvements shall be made in
the same manner and under the same criteria as that established in the
Subdivision Regulations.
d. Sanitary Containers. Stationary sanitary containers shall be located so as not to
interfere with sight distance or the free movement of vehicles on streets or service
drives and so as to allow collector trucks adequate maneuvering space to empty the
containers and to leave the property without excessive backing. Concrete pads in
conformance with the public works department’s stationary container location
standards shall be located beneath of and in the approach to each stationary sanitary
container. Stationary sanitary containers are required for all Multi-Family Dwellings
and Single-Family Attached units of more than two attached units.

37

Town of Winterville
Town Council
Agenda Abstract

Item Section: New Business
Meeting Date: September 14, 2026

Presenter: Donald Harvey, Town Clerk

Item to be Considered
Subject: Human Relation Board request for use of Town Square.
Action Requested: Approval of Use.
Attachment: NA.
Prepared By: Donald Harvey, Town Clerk

Date: 8/28/2026
ABSTRACT ROUTING:

☒ TC: 9/8/2026

☒ TM: 9/8/2026

☒ Final: tlp - 9/8/2026

Supporting Documentation
The Winterville Human Relations Board would like to request the use of the Winterville Market on Saturday,
September 26th 10:00 am – 2:00 pm for the Hispanic Heritage Community Resource Event.

Budgetary Impact: NA.
Recommendation: Staff recommends Council approve the use of the Town Square by the Human Relations
Board.
20260219

38

Town of Winterville
Town Council
Agenda Abstract

Item Section: New Business
Meeting Date: September 14, 2026

Presenter: Donald Harvey, Town Clerk

Item to be Considered
Subject: Appointment of a Town Representative to the Mid-East Commission Board.
Action Requested: Appoint a representative to serve on the Mid-East Commission Board.
Attachment: Municipal Certificate of Appointment for Membership to the Mid-East Commission.
Prepared By: Donald Harvey, Town Clerk

Date: 8/26/2026
ABSTRACT ROUTING:

☒ TC: 9/8/2026

☒ TM: 9/8/2026

☒ Final: tlp - 9/8/2026

Supporting Documentation
The Town of Winterville currently does not have a representative serving on the Mid-East Commission
Board. To ensure the Town is represented in regional discussions and Commission matters, Town Council is
requested to appoint a representative to attend Mid-East Commission meetings on the Town’s behalf. The
Municipal Certificate of Appointment is attached for Council’s review and consideration.

Budgetary Impact: N/A.

Recommendation: Staff recommends that Town Council appoint a representative to serve on the MidEast Commission Board and authorize completion of the Municipal Certificate of Appointment.
20260219

39

Municipal Certificate of Appointment
of Membership to the Mid-East Commission

The municipal board of the Town of Winterville, at its September 12, 2026,
regular meeting, appointed

, to serve as its

representative to the Mid-East Commission Board for a term of two years beginning with
the

Board meeting.
This action was taken in accordance with the Bylaws of the Mid-East

Commission Article V, Section 3 and 4 on this 14th day of September 2026.

Richard E. Hines, Mayor

(SEAL)

Donald Harvey, Town Clerk

40

Town of Winterville
Town Council
Agenda Abstract

Item Section: New Business
Meeting Date: September 14, 2026

Presenter: Ron Mills, Electric Director

Item to be Considered
Subject: Old Tar Road Relocation Change Orders.
Action Requested: Council Approve Change Orders.
Attachment: 3 Change Orders from C Phase and Original Contract.
Prepared By: Ron Mills, Electric Director

Date: 8/26/2026
ABSTRACT ROUTING:

☒ TC: 9/8/2026

☒ TM: 9/8/2026

☒ Final: tlp - 9/8/2026

Supporting Documentation
U-2817, Old Tar Road widening project has exposed some unknowns and oversight during Winterville’s
Electric Line Relocation.
With these unknowns becomes the need to deviate from the original relocation plans in three locations to
date.
Attached are change orders for this project in which said work has been completed. NCDOT has approved
all changes that have been needed to date. These change orders will require additional funding from the
original contract, in which all monies are to be reimbursed by NCDOT.
•
•
•
•

Change order # 1 will require $10,128.80 additional funds;
Change order #2 will require $13,037.75 additional funds; and,
Change order #3 will require $26,729.54 additional funds.
Total of $49,896.09.

Budgetary Impact: Additional funds needed in the amount of $ 49,896.09 to be reimbursed by NCDOT.
Recommendation: Staff recommends Council approve three change orders from C Phase Construction.
20260219

41

5/21/26

42

CHANGE ORDER FORM
TOWN OF WINNTERVILLE
WINNTERVILLE, NORTH CAROLINA
NCDOT PROJECT U2817
Bid Schedule Unit: Change Out Poles 8, 9, & 22

Change Order No.

2

Description of Change (include attachment if additional space is required):
Replace Poles 8, 9, & 22 with 5’ taller poles
Add 2 – 60’/1 and 1 – 60’/2 wood poles – 2 x $3,523.75 + $3,368.75 = $10,416.25
Remove 3 – 55’ wood poles @ $862.50 each - $2,587.50
Net – Add $13,037.75
Days Added (Deducted):

0

CHANGE ORDER COST SUMMARY
Total Amount of This Order

Add: $ 13,037.75 Deduct: $

C-Phase Services, LLC
(Contractor)

By:

H. Michael Taylor, PE
(Engineer)

By:

Town of Winterville
(Owner)

By:

©May 2026

(Date)

(Date)

(Date)

43

CHANGE ORDER FORM
TOWN OF WINNTERVILLE
WINNTERVILLE, NORTH CAROLINA
NCDOT PROJECT U2817
Bid Schedule Unit: Remove Pole 33 and Install UG Lines

Change Order No.

3

Description of Change (include attachment if additional space is required):
Add 205’ of 4-750 MCM UG in 4-3” conduits - $19,559.05
Add 2 – UG Primary Risers @ $7,283.16 = $14,566.32
Add 1 – 35/5 Secondary Lift Pole with K1.2 = $1,917.50 + $115.97 = $2,033.47
Add 115’ of #2 TPX = $234.95
Delete all labor for Pole 33 and all its assemblies = ($9,664.25)
Net – Add $26,729.54
Days Added (Deducted):

0

CHANGE ORDER COST SUMMARY
Total Amount of This Order

Add: $26,729.54

C-Phase Services, LLC
(Contractor)

By:

H. Michael Taylor, PE
(Engineer)

By:

Town of Winterville
(Owner)

By:

©May 2026

Deduct: $

(Date)

(Date)

(Date)

44

Attachment
UG Additions
205’ of 750 MCM AL URD @ $27,700 per 1000’ =
205’ of UR2-2-12-48 @ $18 per foot =
205’ of UGC-4-3” @$49.71 per foot =
Total

$5,678.50
$3,690.00
$10,190.55
$19,559.05

Pole 33 Labor Removals
145’ (4) 336 ACSR – 0.58 x $3,950 =
55’/2 pole
C4-2
M2-12EC
4-E1-1EC @ $275.00
2-E3-10EC @ $45.00
2-F4-1EC @ 475.00
50’ #6 TPX
J3-1
LS-102

©May 2026

$2,291.00
$2,300.00
$1,350.00
$ 157.50
$1,100.00
$ 90.00
$1,900.00
$ 78.75
$ 97.00
$ 300.00
$9,664.25

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141

Town of Winterville
Town Council
Agenda Abstract

Item Section: New Business
Meeting Date: September 14, 2026

Presenter: Terri L. Parker, Town Manager

Item to be Considered
Subject: Interlocal Agreement with Pitt County Sheriff – Telecommunication Services.
Action Requested: Council Approval of Interlocal Agreement with Pitt County Sheriff Pending Town
Attorney’s Review..
Attachment: Interlocal Agreement with Pitt County Sheriff.
Prepared By: Terri L. Parker, Town Manager

Date: 8/26/2026

ABSTRACT ROUTING:
☒ TC: 9/8/2026

☒ TM: 9/8/2026

☒ Final: tlp - 9/8/2026

Supporting Documentation
As all of you are aware, the Pitt County Sheriff’s Office provides dispatch services for the Winterville Police
Department. They have provided that service for many years. Over the last several years, the Pitt County
Sheriff’s Department and has been having on and off discussions with the Town about telecommunication
services and requesting that the Town pay for the costs of one (1) position.
Towards the of end of last year’s budget’s process (FY 25-26), the Sheriff again requested payment for a
full-time position. I pulled in the County Manager for her assistance in negotiating an Interlocal Agreement
(as one did not previously exist) as well as the costs the Town would be willing to pay based on the number
of calls for service dispatched.
Attached find the Interlocal Agreement as agreed to by all parties. The total cost of of a telecommunicator
position is over $70,000 annually but the Town will be paying $50,000 for FY 26-27 Fiscal Year. The moneys
were included and approved in the Annual Budget.

Budgetary Impact: $50,000 annual payment to Pitt County – included in the FY 26-27 Annual Budget..
Recommendation: Staff recommends Council approve the Interlocal Agreement Pending Town Attorney
Review.
20260219

142

143

144

145

Town of Winterville
Town Council
Agenda Abstract

Item Section: New Business
Meeting Date: September 14, 2026

Presenter: Terri L. Parker, Town Manager

Item to be Considered
Subject: Interlocal Agreement with Pitt County – Animal Services.
Action Requested: Council Approval of Interlocal Agreement with Pitt County for Animal Services Pending
Town Attorney Review and Associated County Animal Services Ordinance.
Attachment: Interlocal Agreement with Pitt County for Animal Services; Pitt County Animal Services
Ordinance.
Prepared By: Terri L. Parker, Town Manager

Date: 8/26/2026

ABSTRACT ROUTING:
☒ TC: 9/8/2026

☒ TM: 9/8/2026

☒ Final: tlp - 9/8/2026

Supporting Documentation
Attached please find the following documents for review and approval:

Interlocal Agreement with Pitt County for Animal Services; and
Pitt County Animal Services Ordinance.

These documents will need to be approved before the County will begin Animal Control services. I anticipate
the beginning date will be October 12, 2026 and the annual amount for services will be $25,000. This
amount will be prorated for FY 26-27 - $17,708.3333. Staff requests Council approval of the Interlocal
Agreement pending Town Attorney review as well as the County Animal Service Ordinance.

Budgetary Impact: $17,708.3333 prorated payment to Pitt County – included in the FY 26-27 Annual
Budget. Annual amount will be $25,000 annually thereafter.
Recommendation: Staff recommends Council approve the Interlocal Agreement Pending Town Attorney
Review and the Pitt County Animal Services Ordinance.
20260219

146

INTERLOCAL AGREEMENT FOR SERVICES BETWEEN
PITT COUNTY AND TOWN OF WINTERVILLE
This Interlocal Agreement is entered into by and between Pitt County, North Carolina
(“County”) and Town of Winterville, North Carolina (“Town”) as of the _____ day of __________
2026 and will take effect _____________, 2026.
WITNESSETH:
WHEREAS, Pitt County provides animal control services and sheltering within the
unincorporated portions of Pitt County; and
WHEREAS, the Town of Winterville desires that Pitt County provide animal control
services and sheltering within the municipal limits of the Town; and
WHEREAS, the County has the capability and shared interest in providing animal control
services and sheltering through this agreement with the Town of Winterville.
NOW THEREFORE, it is agreed based on the mutual promises contained herein and for
the good and valuable consideration receipt and sufficiency of which are hereby acknowledged by
and between the County and Town as follows:
1. Services Provided. County agrees that it will provide animal control services and sheltering
within the municipal limits of the Town to the same extent that such services are provided in the
unincorporated portions of the County. Such services may include rabies control, trapping,
sheltering, and enforcement of County Ordinances that, by Resolution of the Town, beforehand
are adopted by the Town’s governing board for enforcement within the municipal limits. In
addition, the Town may request the assistance of the County as to also enforce additional
Ordinances that, by Resolution of the Town, beforehand have been adopted by the Town’s
governing board for enforcement within the municipal limits and attached hereto as Exhibit A.
The County agrees that it will use its best efforts to provide animal control services in the municipal
limits of the Town, and that it will exercise the same methods and diligence that it exercises to
provide animal control services in the unincorporated parts of the County.
2. Billing and Payment. The total $_______ cost to be paid by the Town to the County for the
services performed pursuant to this Agreement shall be paid ___________, 2026. The first initial
payment covers a one-time prorated fee of $______ to cover ___________, 2026 until
___________, 2026. The annual fee of $25,000 will then take effect ____________, 2027 if this
contract is renewed. Payment to the County will be made by the Town within 30 days after receipt
by the Town of the County’s invoice. Failure of the Town to make payment to the County within

147

thirty (30) days after receipt of the County invoice shall result in a $100 late payment penalty
assessed to the Town and payable to the County.
3. Initial Term and Termination. The initial Term of this Agreement shall be for a () _________
month period beginning ______________, 2026 and ending June 30th, 2027. Upon the expiration
of the initial Term, this Agreement may be renewed for subsequent one (1) year terms in writing
as agreed upon between the parties. However, the parties shall meet at the end of the first term to
review performance and modify any terms or pricing agreed upon between the parties, to begin
the following July 1st, 2027. The County or the Town may terminate this Agreement without cause
at any time by providing thirty (30) days written notice from the terminating party to the nonterminating party. If the Agreement is terminated as provided herein, the County will be paid for
all services performed.
4. Reimbursements. The County shall not be entitled to reimbursement of any other expenses from
the Town during the term of this Agreement.
5. Other Expenses. The County shall be responsible for all costs of care, including but not limited
to nutrition, hydration, medication, routine veterinary care, and overall animal welfare of the
animals accepted and held pursuant to this Agreement. To the extent required, the Town shall be
responsible for extraordinary medical expenses as approved by the Town Manager. The County
shall be responsible for the cost and administration of all appropriate vaccinations at or about the
time of and shall also be responsible for the administration of all prescribed medications as well
as documentation for same consistent with the County’s policies and procedures and applicable
State law. The Town shall not be responsible for any medical expenses which are the result of
negligence of the County or for any communicable disease outbreaks occurring at the Pitt County
Animal Shelter.
6. Inspections and Certifications. The County agrees to maintain current inspections of the shelter,
including but not limited to certifications and permits as required and issued by the NC Agriculture
Welfare Section (AWS). In the event that AWS conducts an inspection of the County’s facilities
and the facilities are found in violation or otherwise deficient under the rules and regulations
prescribed by the North Carolina Department of Agriculture and Consumer Services or that the
County’s health certification is withdrawn or housing authority is withdrawn, this Agreement may
be suspended or terminated as provided by this Agreement without penalty or cost to either party.
7. Certain Fees to be Retained by the County. The Town agrees that the County may set a fee
schedule for services rendered to the public including but not limited to reclaims of animals,
adoption of animals, and routine medical treatment provided to animals. The County shall be
entitled to all monies derived from the fees charged to the public for these services.

148

8. Reporting. The Town must report quarterly the number of animal complaints received and
dispatched to Pitt County Animal Services. These reports will be used for end of year review before
contract renewal. Further information regarding specific cases may be provided upon written
request.
9. Independent Contractor. The relationship between the parties to this Agreement shall be that of
independent contractors, and no party shall be construed to be the agent, partner, employee, or
joint venture of the other party to the Agreement. The parties shall not exercise control or direct
the way others perform their duties hereunder except to assure compliance with this Agreement.
10. Hold Harmless and Indemnification. The Town agrees to hold harmless and indemnify the
County from any and all claims, loss, liability, demands, damages, or any other financial demands
that may be alleged or realized due to acts of nonfeasance, malfeasance, misfeasance, or negligence
committed by the County while in the performance of the duties or assignment pursuant to this
Agreement. The provisions of this paragraph shall not apply to any claims, loss, liability, demands,
damages, or any other financial demands that may be alleged or realized due to intentional,
reckless, or wanton acts or conduct committed by the County while in the performance of the
duties or assignments pursuant to this Agreement.
11. Insurance. The County certifies by the execution of this Agreement that it possesses the
following insurance coverages with the following minimum Limits of Insurance which cover the
operation of the County’s animal shelter including but not limited to all animals at the County’s
animal shelter facility pursuant to this Agreement and other related contents:
Commercial General Liability
Limit of Insurance:
Per Occurrence: $1,000,000
General Aggregate: $2,000,000
12. Federal, State, and Local Legal Compliance. The County shall at all times possess and
maintain approval rating with the North Carolina Department of Agriculture and Consumer
Services, Animal Health Division (Veterinary Division), Animal Welfare Section (AWS). In
accordance with North Carolina General Statute (NCGS) 19A-26, the County shall always
maintain a current and valid certificate of registration granted and issued by the Director of AWS.
If otherwise engaged in any business regarding animals regulated by Federal and/or State law, the
County shall always possess and maintain current and valid licenses and permits as applicable to
said business.

149

13. Amendments. Any notice required or permitted to be given hereunder shall be in writing and
shall be deemed to have been given when personally delivered or three (3) days after being mailed
by certified mail, return receipt requested, postage prepaid, to the following addresses, or at such
other address as either party may designate in a manner in compliance with this Section:
Pitt County
Attn: Janis Gallagher
County Manager
1717 5th St.
Greenville, NC 27834

Town of Winterville
Attn: Terri L. Parker
Town Manager
2571 Railroad St.
Winterville, NC 28590

14. Applicable Law, Venue, and Service of Process. This Agreement has been entered into in the
State of North Carolina, County of Pitt, and all questions with respect to the construction of this
Agreement and the rights and liabilities of the parties shall be governed by the laws of the State of
North Carolina. The parties agree that exclusive venue for the bringing of any action concerning
this Agreement shall be in the state or federal courts having jurisdiction in Pitt County, North
Carolina and that service of process may be made upon either party by certified mail, return receipt
requested, postage prepaid to the party’s address as set forth herein or such other address as the
party may designate in writing received by the party. Parties agree that they will comply with all
applicable federal, state, and local laws, rules, regulations, and ordinances in addition to those
specifically noted herein.
15. Force Majeure. The parties understand and acknowledge that neither shall be liable for any
loss, damage, detention, delay, or failure to perform in whole or in part resulting from causes
beyond their control including but not limited to fire, strikes, insurrections, riots, embargoes,
shortages of motor vehicles, delays in transportation, and inability to obtain supplies of raw
materials or requirements or regulations of the United States government or any other civil or
military authority.
16. Severability. If any provision, or portion thereof, of this Agreement shall for any reason be
adjudged by any court of competent jurisdiction to be illegal, invalid, or otherwise unenforceable,
such judgement shall not affect, impair, or invalidate the remainder of this Agreement but shall be
limited in its operation to the provision of this Agreement directly involved and only the illegal,
invalid, or unenforceable provision shall be deemed stuck.
17. Waiver . The failure by either party at any time to require performance by the other party of
any provision hereof shall not affect in any way the right to require such performance at a later
time nor shall the waiver by either party of a breach of any provision hereof be taken or be held to
be a waiver of such provision.

150

18. Counterparts and Facsimiles. This Agreement may be executed in one or more counterparts,
each of which may be deemed an original, but all of which constitute one and the same. An
executed Agreement transmitted by facsimile to the other party may be relied upon as an original
and if there is any inconsistency between such facsimile and an executed Agreement subsequently
received by “hard copy,” the terms contained in the facsimile shall prevail.
19. Headings. The headings and numbers of sections and paragraphs contained in this Agreement
are for reference purposes only and shall not affect in any way the meaning or interpretation of
this Agreement.
20. E-Verify. Pursuant to NCGS 143-133.3 and related State and Federal laws, undersigned hereby
certifies that the parties named herein comply with the requirements of 2 of Chapter 64 of the
NCGS, including the requirement for each employer with more than 25 employees in North
Carolina to verify the work authorization of its employees through the federal system.
21. Equal Opportunity Clause. The equal opportunity clause contained in 41 CFR Part 60-1.4, as
amended, and implementing regulations at 41 CFR Part 60 are hereby included by reference, and
incorporated into this Agreement as if set forth fully herein.
22. Record Retention Requirements. As applicable, the County shall retain all records related to
this Agreement for three (3) years after all pending matters are closed, or for such other time period
as required by the County or by applicable Federal or State law or regulation.
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the date set forth above.
Pitt County
By: ___________________________________
Janis Gallagher
County Manager
Town of Winterville
By: ___________________________________
Terri L. Parker
Town Manager

151

Approved as to form

This instrument has been preaudited in the
manner required by the Local Government
Budget and Fiscal Control Act.

By: ________________________________
Pitt County Attorney

By: ________________________________
Pitt County Finance Officer

152

ANIMAL CONTROL
-------------------------ORDINANCE NO. 5

COMPREHENSIVE ANIMAL SERVICES ORDINANCE
Part I. General
Section 1. Authority
This Ordinance is adopted pursuant to the authority vested in Pitt County by the General Statutes of North
Carolina, particularly Chapter 153A-121 (General Ordinance-making Power); 153A-127 (Abuse of
Animals); 153A-131 (Dangerous Animals; 67-4.5 (Dangerous Dogs); and other applicable laws.
Section 2. Provisions of Part I Applicable to Reminder of Ordinance.
The provisions contained within this Part (Part I) are applicable to Parts II, III, IV, V, VI, and VII except for
those provisions within Part I which expressly state otherwise.
Section 3. Article Cumulative
Procedures set forth in this Ordinance shall be in addition to any other remedies that may exist under law
or ordinance
Section 4. Territorial Application
This Ordinance shall be effective within the unincorporated areas of Pitt County and within any towns which
have a Resolution or Ordinance adopting this County Ordinance.
Section 5. Effective Date
This Ordinance is effective upon adoption by the Pitt County Board of Commissioners; except Part V. Large
Commercial Breeders becomes effective one year after this Ordinance is adopted.
Section 6. Severability
If any section, sentence, clause or phrase of this Ordinance is, for any reason held to be invalid or
unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the
validity of the remaining portions of this Ordinance.
Section 7. Enforcement
A. Enforcement of this Ordinance shall rest with Pitt County Animal Services officers and those
governmental agencies and personnel authorized to exercise police powers by North Carolina
statute to include, without limitation, the Pitt County Sheriff's Department and the Police Departments of any municipality that by resolution or ordinance have adopted this Ordinance within its
municipal boundaries.
B. Enforcement personnel are authorized to investigate suspected violations of this chapter and are
empowered to issue citations, or warnings when any of the provisions of this chapter have been
violated. Citations shall be delivered by enforcement officials in person to the alleged violator or
delivered by registered mail return receipt requested to the person so charged.
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C. Where enforcement personnel determine that a violation is a first offense for the person charged,
a written warning or citation may be issued at the discretion of the enforcement officer.
Section 8. Reenactment and Repeal of Existing Animal Control Ordinances
A. This Ordinance is intended to reenact and continue in force some of the provisions of existing Pitt
County Animal Control Ordinances (Animal Control Ordinance No. 1: Animal Cruelty and Neglect,
Animal Control Ordinance No. 2: Animal Nuisance Ordinance, Animal Control Ordinance No. 3:
Dangerous Dog Ordinance, Animal Control Ordinance No. 4: Canine Control Ordinance) previously
enacted and amended by the County. All provisions which are not reenacted are hereby repealed.
B. All pending civil actions or pending criminal prosecutions resulting from the violation of any Pitt
County Animal Control Ordinance in effect before now, shall not be dismissed or abandoned by
reason of the adoption of this Ordinance, but may proceed the same as if this Ordinance had not
been adopted; and civil actions or criminal prosecutions which have not been initiated, may still be
filed for acts or omissions, which occurred prior to the adoption of this Ordinance and violated any
Pitt County Animal Control Ordinance in effect at that time.
C. All violations of this Ordinance occurring after the effective date of this Ordinance or the effective
date of the relevant Part of this Ordinance, may be enforced in a criminal action or civil action.
Section 9. Penalties
Any person violating the provisions of this Ordinance may be subject to the following actions and penalties
in Paragraph A through Paragraph C. The actions and penalties in Paragraph A through Paragraph C are
cumulative. No penalty shall be assessed without notice of the violation.
A. Civil Penalty for Parts II, III, V, and VI: The County may assess a civil penalty of $100.00 for a first
offense, $200.00 for a second offense, and $300.00 for all subsequent offenses, which must be
paid within 10 days and which amount(s) may be recovered by the county in a civil action in the
nature of debt. Each day a violation occurs shall be a separate violation. The County may, in its
discretion, additionally seek restitution for the actual cost of maintaining, transporting, boarding, or
providing veterinarian services for any animal impounded under this Ordinance.
B. Civil Penalties for Part IV Dangerous Dog: As specified within that Part.
C. Injunction and Order of Abatement. The provisions of this Ordinance may be additionally enforced
by injunction and order of abatement.
D. Criminal Penalties. Any person who violates the provisions of this Ordinance shall be guilty of a
misdemeanor and shall be subject to a fine of $100.00 for a first offense, $200.00 for a second
offense, and $300.00 for all subsequent offenses or imprisonment for not more than thirty (30)
days. Each day a violation occurs shall be a separate offense.
Section 10. Definitions
Animal: The term “animals” includes every living vertebrate in the classes Amphibia, Reptilia, Aves, and
Mammalia, but not including humans or invertebrates.
Animal Services Officers: Any Animal Services Officer employed or authorized by Pitt County.
Animal Services Director: The officer or employee placed in supervision of the Animal Services
Department.
Animal Shelter: The Animal Shelter operated and maintained by Pitt County and/or a county approved
animal protection society for the purpose of impounding animals under the authority of this Ordinance or
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the General Statutes of North Carolina for the care, confinement, return to owner, adoption, or humane
euthanasia.
Animal Shelter Director: That person designated by appropriate authority in Pitt County, and where
appropriate, his or her designee, charged with the responsibility and authority to operate the animal program
in Pitt County.
At Large: Refers to an animal that is not in an enclosure, or is otherwise not under physical control, or is
not under the control of the owner or other responsible person by means of a leash, cord, chain or other
means of physical restraint. This definition is applicable only to Part III of this Ordinance.
Attack by a dog: Any assault or battery by a dog upon a person or domestic animal, to include biting,
felling or toppling, tearing of clothing, provoking flight to escape attack, or any other act which could
reasonably cause physical injury to the person or domestic animal.
Bite by a dog: Any seizing, gripping or grasping, no matter how slight or momentary, by a dog between its
jaws of the body parts of a person or domestic animal, so as to cause physical injury to such person or
domestic animal. This does not include playful behavior by a puppy that is welcome and not likely to cause
any injury, fear or harm to the person or animal.
Cruelty and Cruel Treatment: The terms “cruelty” and “cruel treatment” include every act, omission, or
neglect whereby unjustifiable physical pain, suffering, or death is caused or permitted.
Cat: A domestic feline of either sex including stray.
Dangerous dog: Any of the following dogs:
A. A dog that without provocation has killed or inflicted severe injury on a person,
B. A dog that has killed or inflicted severe injury upon a domestic animal when not on the real property
of the owner of the dog,
C. A dog that has approached a person when unrestrained and not on the owner’s property in a vicious
or terrorizing manner in an apparent attitude of attack, or
D. A dog that has been declared Dangerous or Potentially Dangerous, either under State law or local
ordinance, by any North Carolina county or municipality.
Dangerous Exotic or Wild Animal: Any of the following exotic or wild animals:
A.

Panthera genus,

B. Venomous amphibians,
C. Venomous reptiles,
D. Nonvenomous reptiles weighing over 50 pounds at maturity, or
E. Wolves.
Dog: A domesticated animal (canis familiaris) of the Canidae family; provided that no wild specie of the
Canidae family, such as a wolf, fox, or coyote, shall be considered a domesticated animal, even though
raised by humans in domestic surroundings.
Dog At Large: A dog off the property of the owner and not under the physical restraint of its owner. This
shall include stray dogs found to be running at large or appearing to be lost, unwanted or abandoned; or
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whose owner is unknown or not readily available. This definition is applicable only to Part IV of this
Ordinance.
Domestic Animal: A domesticated dog or cat.
Enclosure: Pen, paddock, stall, stable, or pasture with properly hung and marked fence.
Guard dog: A dog trained by a skilled trainer to recognized security industry or other reasonable standards
and presently used under the control of trained handlers to protect persons and property.
Harboring of Animal: An animal shall be deemed to be harbored if it is fed or sheltered seven days or
more, unless the animal is being boarded for a fee.
Hazard: Any natural or artificial object, above or below ground, that could cause harm or injury to the animal.
Hunting Kennel: Any kennel owned by a person holding an unexpired North Carolina hunting license and
solely operated to house dogs used for hunting purposes.
Impounded: Any animal which is received into custody by the Pitt County Animal Shelter, housed at the
Shelter or another location designated by the Shelter.
Keeper: A person having custody of a dog or who keeps or harbors a dog or who knowingly permits a dog
to remain on or about any property occupied or controlled by such person.
Large Commercial Breeder: Any person, persons, partnership or corporation that owns, has custody
of, or maintains 10 or more female dogs or 10 or more female cats, for the purposes of breeding offspring
to sell or trade.
Lawful Hunt: A hunt for lawful game conducted on public or private property with the consent of the owner
or custodian of the property by a person with a valid license (if required) during the lawful season for the
game concerned using dogs customarily employed and suitable for such game.
Law enforcement dog: A dog, trained for police work to recognized law enforcement standards and
presently used by and under the control of a law enforcement officer to carry out the law enforcement
officer's official duties.
Owner: Any person, group of persons, business organization or association having the right of property or
custody of a dog that keeps or harbors a dog or knowingly permits a dog to remain on or about property
occupied by that person, group of persons, business organization or association.
Owner's Real property: Any real property owned or leased by the owner of the animal, not including any
public right-of-way or a common area of a condominium, apartment complex, or townhouse development.
Premises: That portion of land owned or occupied by an owner or keeper, not including any portion of such
land that is accessible to the public as a right of way.
Restraint: A dog is under restraint within the meaning of this ordinance if it is (1) presently in the physical
custody of the owner or other person who has assumed control and controlled by means of a chain, leash,
or other like device; (2) on or within a vehicle being driven or parked; (3) within a secure enclosure; or (4)
within the dwelling house of the owner.
Stray: Any domestic animal that is not under restraint or is not on the property of its owner and is wandering
at large, or is lost, or does not have any owner, or does not bear evidence of the identification of any owner.
Severe injury: Any physical injury that results in broken bones or disfiguring lacerations or requires
cosmetic surgery or hospitalization.
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Territorial jurisdiction of Pitt County: All territory within the boundaries of the County of Pitt, North
Carolina, except the incorporated area of a municipality, unless such municipality has consented to the
application and enforcement of this Ordinance in such areas.
Venomous: secreting venom; capable of injecting venom by means of a bite or sting.
Vicious dog: Any of the following dogs:
A. A dangerous dog, as defined herein, that after having once committed an act making it a dangerous
dog or having been determined hereunder to be a dangerous dog, commits a subsequent attack
on a person or domestic animal.
B. A dog that, without provocation, has killed or inflicted severe injury on a person.
C. A dog that has been declared Vicious by any North Carolina county or municipality.
Wild Animal: Any animal which can normally be found in the wild state, particularly those feral, exotic,
dangerous or non-domestic animals which generally do not live in or about the habitation of humans,
including, but not limited to, deer, bears, lions, monkeys, raccoons, skunk, squirrels, tigers and snakes.
Section 11. Animal Services Advisory Board
A. History of the Citizen’s Advisory Committee for Animal Control: The Pitt County Board of
Commissioners on November 5, 2002 established a Citizen’s Advisory Committee for Animal
Control. The Committee initially established had eight seats, with certain attributes for each seat.
On October 17, 2005 the Board of County Commissioners voted to make all seats on Committee
at-large seats as vacancies occurred, which removed the seat attributes. On April 6, 2009 the
Board of County Commissioners added an additional at-large seat to the Committee for a total of
nine at-large seats. On March 24, 2014 the Board of County Commissioners added one additional
seat, but limited this tenth seat to one term of two years, the appointee to this seat resigned on
December 18, 2014, and no other appointment was made to fill remainder of this term, this tenth
seat expired on March 24, 2016.
B. Changing the Name of the Citizen’s Advisory Committee for Animal Control to the Animal Services
Advisory Board. The Pitt County Citizen’s Advisory Committee for Animal Control is now hereby
renamed the Pitt County Animal Services Advisory Board (ASAB) which shall have the same
membership, 9 at-large members, and shall have the same the rights, duties, and responsibilities
of the Committee. Nothing about this renaming modifies the term of appointment of any current
member. The stated purposes for creating the original Committee are hereby restated and made
applicable to the ASAB:
1. To advise the County Staff and Board of Commissioners concerning Animal Shelter operations
and Animal Services policies in general.
2. To recommend schedules and changes thereto for the services provided.
3. To recommend and document operational procedures and changes thereto to the staff and/or
Pitt County Board of Commissioners.
4. To advise staff and the Pitt County Board of County Commissioners regarding the
development, design, and renovation of new and existing facilities.
5. To review and have input to the Animal Services Budget.

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6. To promote spay and neuter programs and other animal population control programs in the
community.
7. To organize and promote the solicitation of private funds and in-kind contributions to the Animal
Services Department.
8. To promote the adoption of unwanted animals.
C. ASAB Meetings: ASAB shall meet at least quarterly, but may meet more frequently if needed.
ASAB may adopt and amend rules of procedure not inconsistent with this Ordinance.
D. Dangerous Dog Appeals Hearings: ASAB is responsible for hearing any appeals of dangerous dog
determinations made by the Animal Services Director under Part IV of this Ordinance.
Section 12. Duties of Pitt County Animal Services
A. Director of Animal Services
1. The Director of Animal Services is responsible the enforcement of this Ordinance. The Director
is responsible for management and oversight of all Pitt County Animal Services employees,
including all Animal Services Officers and all Animal Shelter personnel, as they carry out duties
under this Ordinance and all those duties necessarily implied to provide Animal Services in Pitt
County.
2. The Director is responsible for attending ASAB meetings. The Director will keep ASAB informed
of Animal Services’ operations and may provide reports, data, and other information as
necessary. The Director shall designate some Pitt County Animal Services employee to record
minutes of ASAB meetings.
3. The Director is responsible for making determinations under Part IV of this Ordinance. The
Director may conduct his or her own investigation or rely on reports gathered by Animal
Services personnel. The Director may designate a Pitt County Animal Service employee to
make these determinations.
B. Duties of Animal Services Officers
1. Investigation: The Animal Services Officers shall be responsible for investigating violations of
this Ordinance and enforcing the provisions of this Ordinance.
2. Warnings in Lieu of All Other Penalties: If an Animal Services Officers believes the
circumstances warrant a warning, then that Animal Services Officer may issue a warning in lieu
of all other penalties under this Ordinance.
C. Pitt County Animal Shelter
1. The Pitt County Animal Shelter houses animals under the following circumstances:
a. Animals impounded under any Part of this Ordinance.
b. Animals surrendered by owners, after all applicable fees under the Fee Manual are paid.
c.

Animals brought in by Pitt County municipalities, after all applicable fees under the Fee
manual are paid.

d. Animals being held for rabies and bite quarantines.
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e. Animals seized by the Pitt County Sheriff’s Office or other law enforcement agencies,
f.

Any other circumstances that the Animal Services Director deems to be appropriate.

2. No animals may be redeemed by their owners until all applicable fines and fees are paid in full.
Any person claiming ownership of an animal must present sufficient proof to establish
ownership.
3. Animals not reclaimed by owners within time period prescribed by the relevant Part of this
Ordinance may be adopted to qualifying persons or rescue groups, or may be disposed of by
humane euthanasia.
Part II. Animal Cruelty and Neglect
Section 1. Mistreatment of Animals; Prohibited Acts
All animals shall be kept and treated under sanitary and humane conditions, and it shall be unlawful for any
person to subject, or cause to be subjected, any animal to cruel treatment. It shall likewise be unlawful for
any person to deprive, or cause to be deprived, any animal of adequate food and water, necessary medical
attention, proper shelter, protection from the weather or humanely clean conditions.
A. Food, water, and shelter shall be provided as follows:
1. All animals shall be given at suitable intervals, not to exceed 24 hours, a quantity of wholesome
foodstuff suitable for the age and species of the animal and sufficient to maintain a reasonable
level of nutrition.
2. All Animals shall have access to a constant supply of clean, fresh water.
3. All animals shall be provided with adequate shelter from the weather and humanely clean
conditions at all times. Examples of inadequate shelter include but are not limited to the following:
a.
b.
c.
d.
e.
f.
g.
h.

Underneath outside steps, decks and stoops.
Underneath houses.
Inside or underneath motor vehicles.
Inside metal barrels.
Inside cardboard boxes.
Inside temporary animal carriers or crates.
Shelters located in flood prone areas.
Shelters that cannot be accessed by the animal for any reason. The following list is a nonexhaustive illustration of situations that violate this provision:
i.
ii.
iii.

A shelter surrounded by debris, obstructions, or impediments that may endanger an
animal.
A shelter that is overturned or turned on its side.
A shelter that cannot be accessed because the animal’s tether or chain does not allow
entry.

B. Medical care. It shall be unlawful for any person in contact with or having knowledge of a sick,
diseased or injured animal to fail or refuse to provide proper medical treatment for the animal or
notify the Animal Services Department of the condition. A sick animal shall go no longer than 24
hours without veterinary care.
Section 2. Cruel Treatment

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A. Animal cruelty. It shall be unlawful for any person to intentionally molest, torture, torment, deprive
of necessary sustenance, cruelly beat or treat, needlessly mutilate or kill, wound, injure, poison,
abandon or subject any animal to conditions detrimental to its health or general welfare or to
procure any such actions to be inflicted upon any animal. Examples of cruel treatment include but
are not limited to the following:
1. Allowing a collar, rope or chain to become embedded in or cause injury to an animal's neck.
2. Allowing a choke or pinch collar to be used as a primary collar when the animal is left unsupervised.
3. Allowing a dog, cat or other domesticated pet to be left outside in inclement weather or extreme
temperatures without adequate shelter.
4. Intentionally allowing animals to engage in a fight.
5. Confinement in unsanitary conditions. An unsanitary confinement area is any confinement area
that does not allow for the animal to sit down, lie down, or stand, without doing so in urine,
feces, mud, or standing water.
6. Allowing animals to live in crowded conditions. Each animal must be able to sit, stand, lie
down, and turn around without interference from other animals or objects.
7. Failure or refusal to obtain medical treatment for an animal when, in an Animal Services Officer's or Animal Cruelty Investigator's opinion, such treatment is needed.
8. Using lethal force against an animal, either on or off the owner's property, unless (1) the animal
is in the act of attacking and causing severe injury to a human being or any other domestic
animal, or unless (2) a human is reasonably afraid the animal is about to attack and cause
injury to a himself, herself, or another, or unless (3) the animal has, or appears to have rabies.
9. Permitting any exhibit, function or activity where animals are being cruelly treated or animals
run the risk of causing injury to the public or themselves.
Section 3. Notice in Case of Injury
It shall be unlawful for any person who causes injury to an animal including, but not limited to running over
or hitting a domesticated animal with any vehicle to fail to notify immediately at least one of the following:
the owner(s) or keeper(s) of the animal if known or ascertainable with reasonable efforts made to locate
the owner or keeper, an Animal Services officer, the appropriate police or sheriff department, or the animal
shelter.
Section 4. Destruction of Animals
Notwithstanding any other provision of this Ordinance, an animal that cannot be seized by reasonable and
normal means, or retrieved by an Animal Services Officer and trapped in a humane, live-capture animal
trap, or tranquilized by Animal Services, may be humanely destroyed in the field upon the authorization of
the Animal Services Director.
Section 5. Animal Trapping
The Animal Services Department or its designated agent is authorized to place, upon request, live animal
traps on public or private property to trap and remove stray, at large, unwanted or nuisance animals, including cats. It is unlawful for any person other than an Animal Services officer to remove any animal from
any Animal Services’ trap, or to damage, destroy, move or tamper with any Animal Services’ trap. The
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Animal Services Department is authorized to receive and impound animals that are trapped by other
agencies or persons within Pitt County.
Section 6. Impoundment
It shall be the duty of the Animal Services Department to seize and impound, subject to the provisions of
this Ordinance, all animals found in violation of the provisions of this Ordinance whether such animal shall
be in the immediate custody of its owner or otherwise.
Section 7. Humane Euthanasia
Notwithstanding any other provision of this Part, any animal impounded that is badly injured, wounded or
diseased (not rabies suspect) and that has no identification shall be destroyed immediately in a humane
manner. If the animal has identification, the animal shelter shall attempt expeditiously to notify the owner or
keeper before euthanizing such animal, but if the owner cannot be reached readily and the animal is
suffering, the Animal Services Supervisor or his/her designee may cause the animal to be euthanized at
his/her discretion in a humane manner. The Animal Shelter and Animal Services Department shall have no
liability for euthanizing injured, wounded or diseased animals.
Section 8. Handling of Stray Animals by the Public
It shall be unlawful for any person, without the consent of an animal's owner or keeper, to knowingly and
intentionally harbor or keep in possession by confinement any animal that does not belong to him/her. Any
person in possession of a stray animal shall contact the Animal Services within 72 hours to provide notice
of the stray animal's description and location or to arrange for impoundment. It shall also be unlawful for
any person other than the owner or keeper of an animal to remove its collar, license tag or rabies tag.
Part III. Canine Control
Section 1. Exclusion for Hunting Dogs
This Part shall not be interpreted as restricting persons owning specially trained hunting/working dogs from
actually using their dogs for active hunting/working of said dogs in the presence of and/or under the control
of the owner or an agent of the owner, while said dogs are actually lawfully being used for hunting or training
for hunting in compliance with applicable statutes, regulations, or ordinances of the State of North Carolina
and Pitt County and where an active North Carolina hunting license exists.
Section 2. Dogs at Large Prohibited
Every dog shall have an owner who shall be responsible for its care and control.
A. It shall be unlawful for any owner to permit a dog to be at large.
B. An owner may lawfully permit a dog to be at large in the course of a show, obedience school,
tracking tests, field training, or other events sanctioned or supervised by a recognized organization,
as long as the dog has not been declared dangerous under Part IV of this Ordinance or by any
other local government in North Carolina.
C. It shall be unlawful for any person owning or having possession, charge, custody or control of any
dog to take the dog into or allow the dog to enter any public park without being at all times under
restraint as defined in this Ordinance.
D. It shall be unlawful for any person owning or having possession, charge, custody or control of a
female dog to allow that dog to be at large during its estrous period. During this period, the owner
or person having possession of the dog must restrain the dog in an enclosure in such a manner
that will prevent the dog from coming in contact with a male of its species. This section shall not
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be construed to prohibit the intentional breeding of dogs on the premises of the owners or keepers
of the dogs involved.
E. The Animal Shelter shall insert a microchip in all dogs who have been impounded pursuant to this
Ordinance, prior to reclamation by the dog’s owner. The actual cost of the microchip shall be paid
by the owner prior to reclamation.
Section 3. Impoundment
A. Any dog found to be at large in violation of this Part, shall be impounded by an Animal Services
officer, law enforcement officer, or other person as authorized by the County.
B. Pitt County Animal Services may, at its discretion, issue a written warning to the owner in lieu of
impoundment if a dog is found running at large whose owner has been verified, and whose owner
promptly and properly restrains said dog.
Section 4. Redemption
A. Redemption
1. Notice: A good faith effort shall be made to notify owners of impounded dogs. If the owner is
known, a written notice of impoundment shall be served on the owner or affixed to the owner's
property. The written notice shall describe the dog, state the date, time and place the dog was
picked up and inform the owner of the conditions whereby the dog may be redeemed.
Instructions on how to determine if a dog has been impounded shall be posted at the Animal
Shelter. The posting of these instructions at the Animal Shelter shall constitute adequate notice
to an unknown owner.
2. Ownership. Any person attempting to redeem an impounded dog shall present proof sufficient
to satisfy shelter personnel of ownership of the dog.
B. Time Limits
1. Any person attempting to redeem a dog must make contact with the Pitt County Animal Shelter
within 120 hours (5 days) of the dog being impounded.
C. Payment of Penalties
1. The owner of an impounded dog must pay all reclamation fees, boarding fees and civil penalties
assessed against the dog before it may be released from the Shelter.
a. A dog shall become the property of the County if the owner fails to pay all amounts due
and if the appropriate holding period has passed without the dog being claimed and all
sums due paid in full.
b. Civil fees and penalties may be recovered by the County in a civil action in the nature of
debt if the offender does not make prompt payment after being cited as set forth herein.
Part IV. Dangerous Dog
Section 1. Application of Ordinance; Exceptions
The provisions of this Part do not apply to:

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A. A law enforcement dog or guard dog being used by a law enforcement officer or bona fide
professional security guard to carry out the law enforcement officer's or security guard's official
duties or professional responsibilities;
B. A dog where the injury or damage inflicted by the dog was sustained by a domestic animal while
the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or
under the control of, its owner, keeper or harborer, and the damage or injury was to a species or
type of domestic animal appropriate to the work of the dog; or
C. A dog where the injury inflicted by the dog was sustained by a person who, at the time of the injury,
was tormenting, abusing, or assaulting the dog, had tormented, abused, or assaulted the dog, or
was committing or attempting to commit a crime.
Section 2. Reporting Requirements
A. Report required: (i) An owner, keeper or harborer of a dangerous dog or a dog that has attacked
or bitten a person or domestic animal; (ii) a victim of or person witnessing such an attack or biting;
(iii) a veterinarian treating a domestic animal for such an attack or biting; or (iv) a health care
professional treating a person for such an attack or biting, shall report the following events to the
Animal Services Department within ten (10) business days after the event has occurred:
1. attack or biting by a dog upon any person or domestic animal, or
2. The transfer, gift, sale, or other conveyance of ownership or possession of a dangerous dog,
its confinement in a veterinary facility, its removal from the territorial jurisdiction of the county,
or its death.
B. Report data required: The data required in the report and the format thereof shall be as set forth in
administrative procedures promulgated by the Animal Services Director. Any owner, keeper, or
harborer of a dangerous dog that transfers, gifts, sells, or otherwise conveys that dangerous dog
must inform the County all of the following within ten (10) business days:
1. The name of the new owner, keeper, or harborer,
2. The address of the new owner, keeper, or harborer,
3. A telephone number for the new owner, keeper or harborer, and,
4. The date the dangerous dog was transferred.
Section 3. Determination That a Dog is Dangerous or Vicious
A. Generally. Upon a complaint, or when he has reasonable suspicion, that a dog is dangerous or
vicious, the Animal Services Director or his designee shall make a determination whether or not
such dog is dangerous or vicious. Any determination that a dog is dangerous or vicious shall be
made in a writing which summarizes the available evidence and which shall be mailed certified
mail, return receipt requested, to both the complainant and the dog owner. If the determination is
made that the suspect dog is dangerous, or vicious, the written determination shall order
compliance with the appropriate provisions of this Part and the Director may impose reasonable
conditions to maintain the public health and safety. The Director or his designee shall assess
appropriate civil penalties if he determines that violations of this Ordinance have been established
and may elect to pursue other remedies authorized by law.
B. Appeals from determinations.

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1. Any party having a direct interest in the matter and aggrieved by any determination as provided
in this Part may within three (3) business days of receiving such determination appeal such
determination in writing, within three (3) business days to the Animal Services Board. The ruling
of Animal Services Advisory Board shall be final, subject only to such appeal or certiorari
proceeding as may be provided by law to the Superior Court for Pitt County, filed within ten
(10) days of the date of the final determination by the Animal Services Advisory Board.
2. Any determination of the Animal Services Director may be appealed to the Animal Services
Advisory Board by filing written objections with the Chairman of the Animal Services Advisory
Board within three (3) days after such determination. The Animal Services Advisory Board shall
schedule a hearing on such appeal within ten (10) business days of the filing of the written
objections. The Animal Services Advisory Board shall render its decision as expeditiously as
possible after the hearing. It shall deliver it to the parties and any person appearing at the
hearing and requesting notice thereof, certified mail-return receipt requested, and file it
concurrently with the Animal Services Director and the Office of the Pitt County Attorney.
3. Any appeal hearing before the Animal Services Advisory Board shall be conducted as follows:
a. The hearing shall be subject to the Open Meetings Law, and the notice required thereunder
shall be posted and given as applicable;
b. The parties may appear pro se or be represented by an attorney;
c.

Any person adversely affected by the appeal may appear and participate fully in the
proceeding;

d. Participants may make any statements, present any evidence, or offer any witnesses on
their behalf, on any relevant issue;
e. Participants shall be entitled to the right of cross examination;
f.

The hearing shall be quasi-judicial in nature and all testimony shall be under oath;

g. Any participant shall be entitled to transcribe the proceeding at his own cost;
h. The Animal Services Advisory Board may affirm, deny, or affirm with conditions the
determination appealed from. Any conditions imposed by the Animal Services Board shall
be reasonable, shall be relevant to the issues in the matter, and shall have the effect of
promoting the public health, safety and welfare.
i.

The Animal Services Advisory Board shall announce its decision at an open meeting and
render it in writing as expeditiously as possible at or following the hearing. Its decision shall
contain findings of fact and conclusions in support of its decision.

Section 4. Registration and Permit Required
A. Registration Generally. Any person owning, keeping, or harboring a dog determined as set forth
above to be dangerous shall register such dog with the Animal Services Department within five (5)
days of such determination or may, in lieu of any hearing, register such dog voluntarily, which such
voluntary registration shall constitute an admission and determination that the dog is dangerous.
B. Registration of dog determined to be potentially dangerous or dangerous in other jurisdictions. Any
person transporting a dog determined as set forth above to be potentially dangerous or dangerous
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into Pitt County from another North Carolina county or municipality must, within ten (10) days of
entry of Pitt County, register said dog with the Animal Services Department.
C. Relief from civil penalty. Voluntary registration of a dangerous dog by the owner, keeper or harborer
thereof prior to a determination that a dog is dangerous, or within five (5) days (I) of an event
establishing reasonable cause to believe that a dog is dangerous, or (II) of the acquisition of a
dangerous dog, whichever later occurs, shall relieve such person from assessment of a civil penalty
for any violation of this Ordinance occurring between such date, event, or acquisition and the date
of registration.
D. Permanent registration number required. Each dog registered as set forth above shall be assigned
a registration number by the Animal Services Department, and the registered dog must be able to
be identified by the registration number in one of the following ways: permanent chip implant, tattoo,
microchip, branding, or some other permanent means by or at the expense of the owner, keeper,
or harborer of the dog. No person shall remove such registration number once it is assigned and
affixed.
E. Permits Generally. After registration of a dangerous dog, or after a determination that such dog is
dangerous, no person shall own, keep or harbor such dog thereafter within the territorial jurisdiction
of this Ordinance without applying for and obtaining a permit from the Animal Services Department.
F. Issuance of permit. The Animal Services Department shall issue a permit for a dangerous dog only
upon submission of a complete, verified application, payment of the permit fee, and a finding by
the director or his designee that required arrangements for housing of the dog and other public
health and safety provisions are in effect, and that each dog for which a permit is issued does not
pose an unreasonable threat to the public health, safety and general welfare if the permitee shall
comply with the provisions of this Ordinance and the conditions of the permit. Each permit shall be
conditioned on continued compliance with the provisions of this Part and other provisions of law,
on continued compliance with and maintenance of the arrangements for housing and safety set
forth in the permit application, and any special conditions the Director may deem reasonably
necessary to protect the public health, safety and welfare in view of the particular circumstances
and history of the dog concerned.
G. Temporary permits. Following the registration of a dangerous dog or the impoundment of such a
dog, upon application therefor and for good cause, the Director may issue a temporary permit
allowing the owner, keeper or harborer of a registered dangerous dog to retain possession of such
dog or to confine such dog at a veterinary facility or kennel approved by the Director. A temporary
permit also may be issued to allow the transport of a dangerous dog from the territorial jurisdiction
of this Ordinance. A temporary permit shall be issued subject to the same conditions to which a
regular permit is subject and to any other conditions the Director may deem necessary to protect
the public health, safety and welfare consistent with the provisions of this Ordinance. A temporary
permit shall be valid only until the earlier of its expiration, revocation or the issuance or denial of a
permit under the provisions of subparagraph (F).
H. Term of permits and renewal thereof. No permit shall be issued under subparagraph (F) for a term
of more than three (3) years but may in the Director's discretion be issued for a shorter period.
Permits may be renewed, subject to the same terms and conditions required for initial permits.
I.

Revocation of permits. The Director may, upon notice and hearing and for good cause shown,
revoke any permit or modify any terms, conditions or provisions thereof. If the Director deems it
necessary to protect the public health or safety from any imminent threat or danger thereto, he
may, without hearing, suspend any permit or any portion thereof for not more than thirty (30) days.
Good cause for revocation or modification of a permit shall include, without limitation, violation of
or failure to comply with any provision of this Ordinance or with any term, condition or provision of
a permit.

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J.

Inspections. The Director shall cause periodic inspections to be made of the premises of a permitee
to assure compliance with the provisions of this Part and the applicable permit.

K. Insurance. Every person owning, keeping or harboring a dog that has been declared dangerous
shall purchase and maintain a policy of liability insurance covering any injury or property damage
caused by the dog. Minimum policy limits shall be one hundred thousand dollars ($100,000.00)
personal injury or property damage, per occurrence. Such person shall cause a certificate or
declaration of insurance to be furnished to the Director annually. Every calendar day that the
required insurance is not in full force and effect shall constitute a violation of this Ordinance.
Section 6. Regulation of Dangerous and Vicious Dogs.
No person shall own, keep or harbor a dangerous or vicious dog except in compliance with all provisions
of this Ordinance, including:
A. Dangerous Dogs. Dangerous dogs shall be subject to the following regulations:
1. Such dog shall be kept, secured and restrained while on the real property of the person owning,
keeping or harboring it only in the following ways:
a. In a building with doors, windows, and other exits securely fastened shut under the supervision and control of a responsible adult person capable of such supervision and control.
b. Securely kept in a locked enclosure which has secure sides, top and bottom and is
constructed out of materials and in a manner which will preclude escape by the dog and
prevent entry by small children. An underground electric fence is not a sufficient method
of enclosure.
c.

While outside a building or enclosure described above, securely leashed with a leash no
longer than four (4) feet in length in the hands of and under the control of a responsible
and competent person capable of such control and muzzled by a muzzling device sufficient
to prevent such dog from biting persons or other animals.

d. Notwithstanding the foregoing, a dangerous dog shall not be left unattended on the owner’s
real property unless the dog is confined indoors, in a securely enclosed and locked pen, or
in in a locked enclosure which has secure sides, top and bottom and is constructed out of
materials and in a manner which will preclude escape by the dog and prevent entry by
small children.
2. No person owning, keeping, or harboring such a dog shall remove such a dog from the real
property of such person except to bring such dog to a veterinarian or to the animal shelter, to
remove such dog permanently from the territorial jurisdiction of this Ordinance, or to provide
bona fide exercise necessary for the dog's continued good health. In the event of such removal,
such dog shall be leashed and muzzled or otherwise securely restrained and muzzled.
3. Such dog shall be sterilized within 10 days from the final determination that the dog is
dangerous.
B. Signage. Any owner of a dangerous dog shall erect a sign (2' x 2’) on the enclosure housing said
dog which shall read:
BEWARE OF DOG
C. Vicious dogs. No person shall keep or harbor a vicious dog within the territorial jurisdiction of this
Ordinance, except as follows:

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1. Pending appeal, in the care and custody of a veterinarian, at the owner’s sole expense, for the
purposes of treatment or quarantine or pending appeal as herein provided of the determination
that the dog is vicious, in which case the dog shall be kept and secured by the veterinarian as
provided herein for a dangerous dog.
2. Pending appeal, in the custody of the animal shelter, at the owner’s sole expense, pending
disposition in accordance with the provisions of this Ordinance.
3. Upon exhaustion of all appeals, a vicious dog shall be surrendered to the animal shelter to be
humanely disposed of in accordance with the rules and regulations of the animal shelter.
Section 7. Impoundment of Dangerous Dogs
A. Apprehension and surrender. Upon an initial determination or upon registration of a dog to be
dangerous, or if the Director has reasonable suspicion to believe that a dangerous dog is being
kept or harbored within the territorial jurisdiction of this Ordinance in violation of it or of a permit
issued hereunder, Animal Services Officers and law enforcement officers of Pitt County and of any
municipality subject to this Ordinance shall impound such dog. It shall be a violation of this
Ordinance to fail or refuse to surrender such dog to such officers upon their lawful demand. The
officer impounding such a dog shall deliver the same to the animal shelter.
B. Confinement. A dog impounded by or surrendered to an Animal Services Officer or law
enforcement officer as provided herein shall be confined in the animal shelter or, upon request of
the owner, keeper or harborer of the dog, or a permitee hereunder, and at such person's expense,
at a private veterinary facility or kennel approved by the Director, subject to the following conditions:
1. Costs of impoundment. Impoundment shall be at the expense of the owner, keeper or harborer
of the dog, or of the permitee. Costs of impoundment at the animal shelter shall be paid by the
person liable therefor at the daily rate therefore. The costs of impoundment at a veterinary
facility or kennel shall be paid by the person liable therefore pursuant to the terms of the
agreement between such person and the proprietor of such facility or kennel. In no event shall
Pitt County or any municipality subject to this Ordinance be liable for or pay for impoundment
at such private facility or kennel.
2. Release from impoundment. No such dog shall be released from impoundment as provided
herein except upon registration of such dog and issuance as provided herein of a permit or
temporary permit allowing such release. No such dog shall be released from the animal shelter
until costs of confinement of such dog, any registration and permit fees for such dog, and any
civil penalties assessed in connection with such dog have been paid in full.
3. Disposition of unclaimed or abandoned dogs. The following dogs impounded at the animal
shelter pursuant to this Ordinance shall be deemed abandoned and disposed of in accordance
with the provisions of this Ordinance and the rules and regulations of the animal shelter:
a. Any dog which remains unclaimed by its owner, keeper or harborer or permitee thereof for
a period more than ten (10) days or a period of lawful quarantine, whichever is longer.
b. Any dog claimed by its owner, keeper or harborer, which is confined for a period in excess
of ten (10) days, or a period of lawful quarantine, whichever is longer, during which no
application has been made for a permit or temporary permit; provided, however, the
Director shall extend such time upon a showing of justifiable delay in such action by the
owner, keeper, harborer or permittee thereof.
Section 8. Violations, Penalties and Other Remedies

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A. Violations. Each act or conduct prohibited by this Part and each failure to comply with a mandatory
provision of this Part shall constitute a violation. Each day's continuing act or conduct prohibited
hereby and each day's continuing failure to comply shall constitute a separate and distinct offense.
Violations shall subject the violator to civil penalties and to other remedies allowed by law. For the
purposes of assessing civil penalties, violations of this Part are classified as follows:
1. Class I violations:
a. Failure to report an event for which a report is required.
b. Failure to register a potentially dangerous, dangerous or vicious dog as required.
c.

Any other violation not otherwise classified in this Section.

2. Class II violations:
a. Keeping or harboring a vicious dog within the territorial jurisdiction of this Ordinance in
violation of this Ordinance.
b. Keeping or harboring a dangerous dog within the territorial jurisdiction of this Ordinance in
violation of terms, conditions and provisions of a permit or of the housing and restraint
requirements of this Ordinance.
c.

Failure to surrender a potentially dangerous or dangerous dog to an Animal Services
Officer or law enforcement officer for impoundment as required by this Ordinance.

d. Willfully or negligently allowing a potentially dangerous, dangerous or vicious dog to leave
the premises where it is required to be kept and harbored.
3. Class III violations:
a. Willfully or negligently allowing a potentially dangerous, dangerous or vicious dog to leave
the premises where it is required to be kept and harbored, when such dog has thereafter
committed an attack or a biting.
b. Refusal to surrender a vicious dog to an Animal Services Officer or law enforcement officer
for impoundment as required by this Ordinance.
c.

Failure to maintain insurance as required herein.

B. Civil penalties. The following civil penalties shall be assessed for each class of violation:
1. Class I violations:
a. One hundred dollars ($100.00) for each day of a violation.
2. Class II violations:
a. Two hundred dollars ($200.00) for each day of a violation.
3. Class III violations:
a. Three hundred ($300.00) for each day of a violation.
Section 9. Administrative Provisions

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A. Responsibility. The Director shall administer and enforce this Ordinance and shall promulgate rules
and regulations for such administration and enforcement as may be necessary or desirable to such
end.
B. Citations assessing civil penalties. The Director or any Animal Services Officer shall have authority
to investigate alleged or suspected violations of this Ordinance and upon the determination by such
person, based on observation or other evidence, that a violation has occurred, each such person
shall have the authority to issue a written citation for violation of this Ordinance and to assess a
civil penalty in the amount due. Such citation shall be mailed the violator by an Animal Services
Officer, a law enforcement officer, certified mail, return receipt requested, addressed to the last
known address of the violator, or shall be personally delivered to the violator or to some responsible
person at the violator's residence. Service shall be complete upon personal delivery as provided
herein or upon execution of a receipt for the certified mail by the violator or his agent in the event
of such service. If a civil penalty duly assessed is not paid when due, the Director shall initiate an
action in a court of competent jurisdiction to collect such amount due.
C. Authority to enter upon premises. Animal Services Officers shall have authority to enter into and
inspect any premises, dwellings, rooming units, barns and other outbuildings, any part of the
curtilage thereof, or any yard or other enclosure to (I) conduct any investigation of a dog alleged or
suspected of being dangerous or vicious, or (II) apprehend a dog determined to be dangerous or
vicious or as which there is reasonable suspicion to believe is dangerous or vicious, or (III) to
investigate any violation of this Ordinance, or (IV) to serve a citation upon a person for violation of
this Ordinance. Notwithstanding the foregoing, any Animal Services Officer shall only make such
entry upon consent, pursuant to an administrative search warrant under G.S. 15-27.2, or otherwise
as authorized by law.
D. Authority to immobilize or kill a dangerous or vicious dog.
1. If in the course of investigating, apprehending or otherwise taking custody a dangerous or
vicious dog, or a dog as to which there is reasonable suspicion to believe is dangerous or
vicious, such dog is not securely restrained and an Animal Services Officer or a law
enforcement officer has reasonable cause to believe the dog poses an imminent risk of serious
physical injury or death to any person or domestic animal, said officer shall have authority to
render such dog immobile by means of tranquilizers or other safe drugs or, if that is not safely
or timely possible under the circumstances, then said officer may humanely dispose of said
dog.
2. If a dangerous or vicious dog impounded in the animal shelter cannot be cared for or handled
without risk of serious physical injury or death to persons caring for or handling such dog or to
other animals, an Animal Services Officer shall have the authority to render such dog immobile
by means of tranquilizers or other safe drugs or, if that is not safely or timely possible under
the circumstances, then said officer may humanely dispose of said dog.
3. An Animal Services Officer may humanely dispose of any dog being investigated under the
provisions of this Ordinance at the request of or with the consent of its owner, keeper, or
harborer.
Section 10. Computation of Time
In computing any period of time prescribed or allowed by this Part, the day of the act or event after which
the designated period of time begins to run is not to be included. The last day of the period so computed is
to be included, unless it is a Saturday, Sunday or legal holiday when the Pitt County Animal Shelter is
closed, in which event the period runs until the end of the next day which is not a Saturday, Sunday or legal
holiday when the Pitt County Animal Shelter is closed. When the period of time prescribed is less than
seven days, intermediate Saturdays, Sundays and holidays shall be excluded in the computation.

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Part V. Large Commercial Breeders
Section 1. - Standards of care for large commercial breeders.
A. Any large commercial breeder shall provide the following for each animal owned, kept, or
maintained by that person:
1. Exercise on a daily basis outside of the animal's primary enclosure.
2. Fresh food and water daily.
3. Fresh food provided at appropriate intervals to maintain a healthy weight.
4. Appropriate veterinary care, including routine and preventative care.
5. Daily assessment of each animal’s overall health and behavior.
6. Appropriate and prompt treatment or attention to any deviation in health.
7. Preventative care sufficient to keep animals free from internal and external parasites.
8. When necessary, euthanasia performed humanely by a licensed veterinarian or Animal
Services.
9. A primary enclosure that:
a. Is constructed and maintained so that animals are securely confined;
b. Does not cause injury to the animals;
c.

Protects the animals from extreme weather conditions;

d. Is maintained in a sanitary manner;
e. Is large enough that each animal can sit, stand, lie down, or turn around comfortably with
no overcrowding. Minimum space requirements shall comply with the following formula:

f.

i.

(Length of the animal in inches +6) × (length of animal in inches +6) = required floor
space in inches per animal,

ii.

Required floor space in inches/144 = required floor space in square feet,
Allows for all animals to be removed from the enclosure during cleaning; and

g. Solid flooring that provides solid footing.
10. No more than four (4) dogs or (4) cats shall be housed in the same primary enclosure without
supervision.
11. Lighting that provides a regular lighting cycle for the animals.
12. Shall keep the whole facility and enclosures clean and free from debris and odor, shall remove
feces and dispose of the same as frequently as necessary, and any bedding materials made
available to the animals shall be clean and not pose a threat to the health and welfare of the
dogs and/or cats.

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B. All large commercial breeders must register with Pitt County Animal Services.
C. All breeders must complete an annual application and pay an annual nonrefundable registration
fee of fifty dollars ($50.00).
D. Upon submission of the annual application and registration fee to Animal Services, all applicants
must provide Animal Services sufficient documentation to show compliance with this subsection
before any permit allowing any large breeder operation will be issued.
E. All breeders are subject to annual and random inspections by Pitt County Animal Services. All
random inspections are performed at the discretion of Pitt County Animal Services.
F. Upon request of an animal services officer, the breeder shall furnish to animal services all medical
records of all animals owned by the breeder.
G. The provisions of this section are in addition to, and not in lieu of, any other law protecting the
welfare of animals.
H. This section shall not be construed to place any numerical limits on the number of dogs or cats a
person may own when those animals are not being used for breeding.
I.

This section does not apply to kennels operated solely for the purpose of boarding dogs or cats or
kennels exclusively used for training dogs or cats for hunting, sporting, field trials, or show.

J.

This Part shall go into effect one year after the passage of this ordinance.

K. Pitt County Animal Services Department is tasked with educating and distributing material to any
large commercial dog and/or cat breeder which state the County’s guidelines, and how to comply
with said guidelines.
Part VI. Exotic and Dangerous Exotic Animals
Section 1. Registration Period of One Year for Dangerous Exotic Animals.
A. Dangerous Exotic Animals as defined by this Ordinance shall be registered with Pitt County Animal
Services within one year from the date this Ordinance is adopted.
B. An owner of a dangerous exotic animal must complete a registration application, which shall be
supplied by the Director. The application, once completed, shall contain the following information:
1. Name, address and telephone number of the applicant.
2. A description of the animal, including species, sex and body weight.
3. The address of the premises where the animal will be kept.
4. Proof of the applicant's ability to respond in damages for bodily injury or death of any person
or for damages to property owned by another person which may result from the ownership,
keeping or maintenance of such animal. Proof of ability to respond in damages shall be given
by filing with the Animal Services Director a certificate of insurance from an insurance company
authorized to do business in the state, stating that the applicant is insured by a policy with a
minimum coverage of one hundred thousand dollars ($100,000.00) per claim to compensate
persons for personal injury and property damage. In lieu of insurance the owner may post with
the health director a surety bond in the same amounts conditioned upon payment of such
damages. Such certificate of insurance or bond shall provide that no cancellation of the
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insurance or bond will be made unless ten (10) days' written notice is first given to the Animal
Services Director.
C. The Animal Services Director shall issue a permit to any applicant who submits a complete
application meeting the requirements of this Section. Permits issued under this Section are not
transferable.
Section 2. Ban of Dangerous Exotic Animals Not Registered Within One Year.
No person may own or possess any dangerous exotic animal within one year after this Ordinance is adopted
unless the owner possesses a valid permit issued under Section 1.
Section 3. Exemption
This section shall not apply to lawfully operated and located pet shops, zoological gardens, scientific
research laboratories, circuses, veterinarians, or travelling zoos, or zoos harboring such animals for
purposes of providing professional medical treatment, wildlife rehabilitators with proper permits, or
exhibitors licensed by the United States Department of Agriculture displaying such animals for
educational purposes, provided that the animals are maintained in a manner so as to prevent escape.
Adopted this the 7th day of March, 2022.

___________________________________
Chairman Signature
Attest:

________________________________
Clerk to the Board

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Town of Winterville
Town Council
Agenda Abstract

Item Section: New Business
Meeting Date: September 14, 2026

Presenter: Terri L. Parker, Town Manager

Item to be Considered
Subject: School Resource Officers Agreement with Pitt County Schools.
Action Requested: Council Approval of SRO Agreement with Pitt County Schools Pending Town Attorney
Review.
Attachment: SRO Agreement with Pitt County Schools.
Prepared By: Terri L. Parker, Town Manager

Date: 8/26/2026

ABSTRACT ROUTING:
☒ TC: 9/8/2026

☒ TM: 9/8/2026

☒ Final: tlp - 9/8/2026

Supporting Documentation
Attached please find the Agreement with Pitt County School for the provision of three (3) School Resource
Officers (SROs) (Winterville employees) for WH Robinson Elementary, Creekside Elementary, and AG Cox
Middle School.
This Agreement is approved annual and the School System reimburses the Town for each SROs’ salary and
benefits. The Town provides the vehicle and equipment.
Staff requests approval of the Agreement pending Town Attorney review.

Budgetary Impact: Reimbursement to the Town of no more than $281,777.30 during FY 26-27.
Recommendation: Staff recommends Council approve the SRO Agreement with Pitt County Schools
Pending Town Attorney Review.
20260219

173

NORTH CAROLINA
PITT COUNTY

WINTERVILLE POLICE DEPARTMENT
SCHOOL RESOURCE OFFICER PROGRAM AGREEMENT
2026–2027

This Winterville Police Department School Resource Officer Program Agreement for the
2026–2027 School Year (“Agreement”) is made and entered into this the __ day of June, 2026, by and
between The Pitt County Board of Education, a body politic and corporate, organized and existing
under the laws of the State of North Carolina (the “School System”) and the Town of Winterville, a
municipal corporation in the State of North Carolina (the “Town”) (individually “Party” and
collectively the “Parties”).
W I T N E S S E T H:
WHEREAS, the Town has established, organized, and maintained an accredited law
enforcement agency, the Winterville Police Department (“WPD”), with territorial jurisdiction and all
law enforcement powers as authorized by statute, case law, and the common law of the State of North
Carolina within the corporate limits of the Town, pursuant to N.C.G.S. § 160A-281 and N.C.G.S.
§ 160A-285;
WHEREAS, the School System currently serves more than 23,000 students in 37 schools in
Pitt County;
WHEREAS, the Parties have a close working relationship and desire to create a safe and
secure environment on the campuses of the School System which are located within the corporate
limits of the Town;
WHEREAS, this Agreement establishes the Parties’ duties and obligations concerning the
Town’s involvement in the School System’s School Resource Officer (“SRO”) Program (the “SRO
Program”) utilizing WPD officers in and upon the School System’s schools, which are located within
the corporate limits of the Town and are part of this Agreement;
WHEREAS, the Parties recognize the benefits of the Town’s participation in the SRO
Program;
WHEREAS, the Town agrees to provide to the School System and manage three (3) full-time
SROs and provide supplies and equipment necessary to support the SROs, and the School System
agrees to reimburse the Town for its expenses in providing the said SROs for the SRO Program, as set
forth herein; and
WHEREAS, the Parties desire to set forth in this Agreement the specific terms and conditions
of the services to be performed and provided by the Parties pursuant to the SRO Program.
NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual covenants and
agreements contained herein below, and for other good and valuable consideration, the sufficiency of
which is hereby acknowledged, the Parties agree as follows:
1.0

Goals and Objectives. The Parties share the following goals and objectives regarding the
SRO Program.

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174

2.0

3.0

1.1

To provide a safe, inclusive, and positive learning environment for students, educators,
principals and assistant principals (individually “school administrator” and collectively
“school administrators” unless otherwise stated), volunteers, and other members of the
school community; and

1.2

To foster an efficient and cohesive SRO program that will build positive relationships
between law enforcement officers and school administrators, parents, and students.

SRO Program Manual. To effectuate the goals and objectives of the SRO Program, the
Parties have developed and agree to be bound by the terms set forth in an SRO Program Manual
which establishes standards governing SRO conduct and the relationship between the SROs
and school administrators. The SRO Manual is attached hereto as Attachment A and is hereby
incorporated into this Agreement.
2.1

No later than October 31, 2026, school administrators at schools where SROs are
assigned and SROs must read the SRO Manual and execute an Acknowledgement. The
Acknowledgement is attached hereto as Attachment B and is hereby incorporated into
this Agreement.

2.2

The Parties agree that their employees will adhere to the conditions set forth in the SRO
Manual.

2.3

Nothing in this Agreement shall be construed to bar additional training to foster
collaboration between school administrators and SROs or for any other purpose
deemed necessary by the Parties.

The Town’s Obligations.
3.1

The Town agrees to employ three (3) SROs during the term of this Agreement for
primary placement at A.G. Cox Middle School, W.H. Robinson Elementary School,
and Creekside Elementary School. The SROs assigned by the Town may be assigned
to and used among any and all public schools within the jurisdiction of WPD. The
assignments can be changed upon agreement by the Parties.
3.1.1

In the event that the SROs serving under this Agreement shall cease to serve as
SROs, the Town shall, with written approval from the School System, provide
a replacement WPD officer or replacement officers to continue the Town’s
obligations as herein stated for the remaining term of the Agreement at no
change in monthly reimbursement due under the Agreement for the remainder
of the term.

3.1.2

It is expressly understood and agreed that temporary absences by the SROs
shall be minimized to the greatest extent possible during the school year. In
the event an SRO is temporarily absent from work, the Town shall provide
notice of the SRO’s absence to the affected school administrators and the
School System’s Security Department (“Security Department”) pursuant to
Section 8.0 herein.

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3.1.3

If an SRO’s temporary absence was not scheduled in advance (e.g. sickness,
death of a family member, medical emergency, etc.) or the SRO is absent from
work for a scheduled absence (e.g. vacation, continuing education, etc.), the
Town, to the extent reasonably practicable, agrees to assign another officer to
substitute for the SRO. In no event, shall the School System be without a
certified law enforcement officer for more than five (5) consecutive school
days, and on any day that the School System is without a replacement certified
law enforcement officer, the Town will increase patrols in the vicinity of the
SRO’s assigned schools, walkthrough the SRO’s assigned schools at least three
times per day during each day that the SRO is absent, and shall have an officer
meet at least once daily with school administration to discuss any concerns.

3.1.4

Except as otherwise may be required by the Town in its sole discretion to
address a serious emergency, the Town should not utilize the SROs during the
designated workday for duties other than those set forth in this Agreement.

3.2

The Town agrees to provide and administer the SROs’ salaries and employment
benefits in accordance with the applicable salary schedules and employment practices
of the Town, including but not necessarily limited to: sick leave, annual leave,
retirement compensation, workers’ compensation insurance, dental insurance, and
health insurance. The SROs shall be subject to all other personnel policies and
practices of the Town. To the extent that there are conflicts between Town policy
related to salary and employment benefits and the terms and conditions of this
Agreement, Town policy related to salary and employment benefits shall control.

3.3

The Town shall only assign SROs to the School system who meet all of the following
basic qualifications:
3.3.1

Have at least three (3) years of law enforcement experience, unless this
requirement is waived by the Parties.

3.3.2

Complete an SRO training course which is approved by the North Carolina
Criminal Justice Education and Training Standards Commission. If the SRO
does not possess certification of completion of an SRO training course which
is approved by the North Carolina Criminal Justice Education and Training
Standards Commission, the Town will ensure that the SRO participates in the
next available SRO training course offering which is approved by the North
Carolina Criminal Justice Education and Training Standards Commission to
obtain this certification.

3.3.3

Complete Crisis Intervention Training (“CIT”) certification through an
accredited college, or other CIT provider approved by the Town. If the SRO
does not possess CIT certification, the Town will ensure that the SRO
participates in the next available course offering to obtain CIT certification.

3.3.4

Possess knowledge of the applicable federal and state laws, Town and Pitt
County ordinances, and the School System’s policies and regulations.

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3.3.5

Be capable of conducting in-depth criminal investigations and investigations
of delinquencies.

3.3.6

Possess an even temperament.

3.3.7

Be capable of setting a good example for students.

3.3.8

Receive annual training in school-based violence.

3.3.9

Possess positive experience working with youth and/or in a school setting and
should be willing and able to serve as mentors for students.

3.3.10 Have no substantiated evidence of harassment, discrimination, improper use of
force, or other serious performance issues in his or her work history that would
make the officer inappropriate for performing duties as an SRO.
3.3.11 Possess communication skills that would enable the officer to function
effectively within the school environment.
3.4

The Town acknowledges that the requirements of N.C.G.S. § 115C-332.1 apply to this
Agreement. The Town shall conduct an annual check of all sworn law enforcement
officers assigned as SROs on the North Carolina Sex Offender and Public Protection
Registration Program, the North Carolina Sexually Violent Predator Registration
Program, and the National Sex Offender Registry. The Town certifies that no
individual may provide services to the School System under this Agreement if he or
she appears on any of the herein stated sex offender registries.

3.5

The Town agrees to provide each SRO with all equipment which is not school-specific,
including but not limited to the following equipment:
3.5.1

The standard issue firearm and rounds of ammunition for each SRO.

3.5.2

Office supplies and forms required in the performance of each SRO’s duties.

3.5.3

Appropriate Town vehicles to perform the duties and assignments under this
Agreement.

3.6

The Town shall ensure that the SROs maintain minimum in-service training and
certification requirements as would normally apply to all other certified officers in
addition to any training and certifications required for SROs. Except in rare
circumstances when training is not otherwise available, all training shall be conducted
during the summer months when school is not in session.

3.7

The Town shall designate a regularly employed law enforcement officer (“SRO
Supervisor”) to supervise the assigned SROs and to coordinate the functions of the
SROs in the SRO Program with the Security Department. The duties of the SRO
Supervisor shall include ensuring SRO compliance with directives and policies of the
Town and the School System, coordinating SRO scheduling and work hours (e.g.
vacation requests, sick leave, training, etc.), communicating all emergencies or any

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other useful information to the School System’s Security Town, communicating any
temporary SRO replacements with the name of the officer and contact information to
the School System’s Security Town, addressing concerns and complaints regarding
performance and conduct of SROs in collaboration with the School System and in
accordance with Town protocols.
3.8

The Town shall ensure that the SRO Supervisor and any other required representatives
attend meetings with School System to discuss issues relevant to the SRO Program and
its operations. The Town shall also ensure that the SRO meets with School System
personnel at least once annually to discuss issues relevant to the SRO Program and its
operations. The School System shall ensure that the scheduling of the herein stated
meetings does not conflict with the Town’s needs, including SRO assignments.
3.8.1

4.0

The School System shall provide annual training to the SROs no later than
September 30, 2026. This annual training shall include training on the School
System’s behavioral support and discipline policies, the School System’s SRO
policies and procedures, a discussion of the School System’s commitment to
using its policies to ensure a safe and orderly educational environment and the
fair and equitable treatment of all students when addressing student behavior,
the role of SROs in making disciplinary referrals when necessary, the limited
role of SROs within the School System’s behavioral support and discipline
system, and the documentation that must be developed and maintained by
SROs in the SRO Program. Additionally, the School System will provide
annual training to SROs on Behavioral Threat Assessment and Management.

The School System’s Obligations.
4.1

The School System shall reimburse the Town for the SROs provided at a total annual
cost of TWO HUNDRED EIGHTY-ONE THOUSAND SEVEN HUNDRED
SEVENTY-SEVEN DOLLARS and 30/100 ($281,777.30). The School System shall
reimburse the Town in twelve (12) monthly payments payable in advance or on the day
before the last day of each month starting July 1, 2026 and continuing through June 30,
2027. Overtime and additional duty assignments are not included in this
reimbursement and may not be added to the monthly invoice or invoiced separately.
4.1.1

If an SRO ceases to serve as an SRO and no replacement is appointed and
assigned by the Town for the remainder of the term of this Agreement, monthly
payments due from the School System pursuant to paragraph 4.1 will be
reduced accordingly.

4.1.2

Except as provided in Section 4.2.2, in the event an SRO is absent or unable to
perform the duties under this Agreement, the reasons for such absence or
unavailability are not attributable to the School System (either the Town
requires the SRO to be absent or the SRO is absent due to sickness, disability,
otherwise not available), and the Town fails to provide the School System with
adequate supplemental coverage as set forth in Section 3.1.3, then the School
System may reduce the compensation payable to the Town under this
Agreement on a prorated basis and such reduction shall be credited or repaid
to the School System.

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4.1.3

4.2

4.3

In the event of an emergency when an SRO is ordered by the Town to leave
his/ her school duty station during normal duty hours as described in Section
3.1.4 above and to perform other services for the Town, the time spent shall
not be considered hours worked under this Agreement. In such an event, the
monthly compensation paid by the School System to the Town shall be reduced
by the number of hours of SRO services not provided to the School System or
the hours shall be made up in a manner determined by mutual agreement of the
Parties.

The maximum number of hours that the SROs shall be on-duty in a work day under
this Agreement shall not exceed the maximum number of hours allowed by APD’s
policy. Specific SRO duty hours at a particular school shall be set by mutual agreement
between the School System, at the direction of the principal of the school to which the
SRO is assigned, and the Town. The duty hours shall begin when an SRO arrives at
the destination assigned by the principal and shall end when the SRO leaves the
destination assigned by the principal, thereby ending the SRO’s work day. The actual
duty hours for each officer shall be recorded on time sheets provided by the Town, and
the principal or the principal’s designee of the school to which the SRO is assigned
shall review and sign the time sheet of the SRO each work period. The principal, or
the principal’s designee of the school to which the SRO is assigned, shall approve in
writing any overtime of any SRO, and such overtime costs shall be reimbursed by the
School System to the Town upon receipt of proper documentation. The principal of
the school to which the SRO is assigned shall provide the Town with an executed copy
of the approved overtime for any SRO and the amount of overtime approved. Such
overtime will be compensated as indicated below and pursuant to personnel policy and
practices of the Town and WPD (“Town policy”) and overtime regulations contained
in the Fair Labor Standards Act.
4.2.1

The Parties agree any overtime hours worked during an SRO’s pay period shall
be compensated by the Town at the rate of time and one half for the overtime
hours worked unless the SRO is permitted to adjust the SRO’s work schedule
during that same pay period to reduce or eliminate the extra work hours, or a
combination of both overtime pay and time off as agreed by the School System,
the SRO, and the Town.

4.2.2

Subject to the approval of the School System and Town, if an SRO elects to
adjust the work schedule by taking time off to reduce or eliminate the extra
work hours during a pay period, the Town will not be required to provide a law
enforcement officer as a substitute, nor may the School System reduce the
compensation paid to the Town for the time off taken by the SRO.

4.2.3

It is understood and agreed that time spent by an SRO attending court cases
arising from and/or out of his/ her employment as an SRO shall be considered
as hours worked under this Agreement.

The School System agrees to provide each SRO with the following:

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5.0

4.3.1

Suitable accommodations at school (i.e. a lockable room with limited access,
telephone, desk, chair, computer, and filing cabinet).

4.3.2

A radio with all school frequencies.

4.3.3

Keys and key-card access and/or other identification to all assigned schools.

4.3.4

Reasonable opportunities to address students, teachers, school administrators,
and parents about criminal justice, safety, and security issues.

4.3.5

A dedicated parking space in an approved location for the SRO patrol car.

4.3.6

A School System-issued cell phone.

Employment, Assignment, and Control of School Resource Officers.
5.1

The SROs under this Agreement will be employees of the Town and not employees of
the School System. The SROs will be subject to the administration, supervision, and
control of the Town, except as such administration, supervision, and control is subject
to the terms and conditions of this Agreement.

5.2

The Town, in its sole discretion, shall have the power and authority to hire, discharge,
and discipline the SROs. However, the School System shall evaluate annually the SRO
Program and the performance of the SRO on forms developed jointly by the Parties
and attached hereto as Attachment C. Attachment C is hereby incorporated into this
Agreement. It is further understood that the School System’s evaluation of an SRO is
advisory only and that the Town retains the final authority to evaluate each SRO.

5.3

In addition to annual evaluations as herein stated, school administrators have been
instructed by the School System to immediately advise the Security Specialist, John
Jenkins, of the Security Department (the “Security Specialist”), in writing, if an SRO
is not effectively performing his or her duties or responsibilities, and/or receives a
complaint from a staff member, student, parent, or other member of the school
community about actions or conduct of the SRO. The Security Specialist will report
written complaints to the SRO Supervisor, provide a copy of the written complaint to
the SRO Supervisor, undertake an investigation into the allegations of the complaints,
prepare a written investigative report which shall include findings of the Security
Department’s investigation (“Security Department investigative report”), and shall
provide the SRO Supervisor with a copy of the Security Department investigative
report.
5.3.1

If a school administrator observes or is advised that an SRO is continuing to
engage in conduct that was the subject of a written complaint or a school
administrator makes a third written complaint within two (2) academic years
to the Security Department about the SRO and the allegations of this third
written complaint within two (2) academic years is substantiated by the
Security Department in a Security Department investigative report, the
Security Department shall then recommend to the SRO Supervisor that the
SRO be removed from the SRO Program, shall prepare a written report

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recommending removal, which shall include the factual basis for the
recommendation and contain the written approval by the School System’s
Superintendent (“Security Department removal recommendation report”), and
shall provide the SRO Supervisor with a copy of the Security Department
removal recommendation report.

5.4

6.0

5.3.2

Upon receipt of the Security Department removal recommendation report and
if upon review by the Town, there is verifiable, documented evidence of
ongoing performance issues that have persisted despite the SRO being
provided notice and an opportunity to improve, the Town shall agree to remove
the SRO from serving in the SRO Program.

5.3.3

In addition, if the Security Department documents SRO misconduct that
threatens the health or safety of students or staff, the Security Department will
immediately notify the SRO Supervisor of the SRO’s misconduct and provide
copies of such all records documenting such misconduct. The Town shall
promptly remove the SRO from serving in the SRO Program until the
completion of the Town’s review of the misconduct as alleged, consistent with
the Town’s policies and ordinances and this Agreement.

5.3.4

Notwithstanding the foregoing, nothing in this Agreement shall prohibit the
School System’s Superintendent from preventing the access of any individual,
including the assigned SRO, to School System property if the School System’s
Superintendent determines it is in the best interest of the health and safety of
students. Likewise, the Town reserves the right to remove the SRO from duty
as an SRO in the SRO Program.

5.3.5

Additionally, notwithstanding the foregoing, the School System understands
that any and all information communicated or otherwise provided to the Town
and/or gathered by the Town regarding a School System-initiated complaint or
otherwise regarding the SRO, including but not limited to the School System’s
annual evaluation of the SRO and/or the results of any School System
investigation, is part of the SRO’s personnel file, is confidential pursuant to
N.C.G.S. § 160A-168, and is not subject to inspection except as allowed by
N.C.G.S. § 160A-168(c).

The School System reserves the right to request that the contract services of an
individual SRO be terminated if the principal-SRO relationship cannot, in the
discretion of the School System, be successfully negotiated.

Insurance and Indemnification.
6.1

While working as SROs in the SRO Program, the SROs shall have the same
jurisdiction, powers, rights, privileges, and immunities (including those relating to the
defense of civil actions and payment of judgments) as a law enforcement officer
normally possesses. While on duty at a school location, the SROs shall respond to
requests and suggestions by the principal, but shall remain subject to the lawful
operational commands of his / her superior officers in the Town.

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6.2

6.3

Except as may be provided for a remedy for breach of the financial obligations of this
Agreement:
6.2.1

To the fullest extent permitted by law, the School System shall indemnify and
hold harmless the Town, its officials and officers (elected and non-elected),
employees, agents, representatives, and consultants against any liability arising
out of or in connection with any of the operations or obligations of the School
System, including but not limited to any said operations or obligations
subcontracted or assigned to a different person or entity from any and all
claims, demands, damages, losses, lawsuits, and other proceedings, judgments,
causes of action, liabilities, civil penalties, charges, costs, and expenses,
including without limitation attorneys’ fees, which are attributable to bodily or
personal injury, sickness, disease, or death, or to injury to or destruction of
tangible property caused by acts or omissions of the School System or anyone
for whose acts the School System may be liable, regardless of whether or not
such claim, damage, loss, or expense is caused in part by a party indemnified
hereunder. Such obligation shall not be construed to negate, abridge, or reduce
other rights or obligations of indemnity which would otherwise exist as to a
party or person described in this section.

6.2.2

Likewise, to the fullest extent permitted by law, the Town shall indemnify and
hold harmless the School System, its officials and officers (elected and nonelected), employees, agents, representatives, and consultants against any
liability arising out of or in connection with any of the operations or obligations
of the Town, including but not limited to any said operations or obligations
subcontracted or assigned to a different person or entity from any and all
claims, demands, damages, losses, lawsuits, and other proceedings, judgments,
causes of action, liabilities, civil penalties, charges, costs, and expenses,
including without limitation attorneys’ fees, which are attributable to bodily or
personal injury, sickness, disease, or death, or to injury to or destruction of
tangible property caused by acts or omissions of the Town or anyone for whose
acts the Town may be liable, regardless of whether or not such claim, damage,
loss, or expense is caused in part by a party indemnified hereunder. Such
obligation shall not be construed to negate, abridge, or reduce other rights or
obligations of indemnity which would otherwise exist as to a party or person
described in this section.

The Town shall hold the School System free, harmless, and indemnified from and
against any and all claims, suits, or causes of action arising out of allegations or unfair
or unlawful employment practices brought by the SRO, which are attributable solely
to the Town.

7.0

Term of the Agreement. The term of this Agreement is one (1) year commencing on July 1,
2026 and ending on June 30, 2027.

8.0

Notice. Any notice or other communication provided for herein by a Party shall be in writing
and served upon the other Party by either (A) hand-delivery, (B) electronic mail or facsimile
transmission, and/or (C) by overnight courier service (with all fees prepaid) to the receiving

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Party as follows, or to any other address which either Party may hereafter designate for itself
in writing:
FOR THE TOWN
Town of Winterville
2751 Railroad Street
Winterville, NC 28590
Telephone: (252) 215-2395
Facsimile: (252) 215-2461
Email: [email protected]
(Charles Hamilton, Lieutenant)

With a Copy to:
Town of Winterville
2751 Railroad Street
Winterville, NC 28590
Telephone: (252) 215-2340
Facsimile: (252) 215-2451
Email: [email protected]
(Terri Parker, Town Manager)

FOR THE SCHOOL SYSTEM
Pitt County Schools
School Security Department
300 Sylvania Street
Winterville, North Carolina 28950
Telephone: (252) 830-2313
Facsimile: (252) 830-1277
Email: [email protected]
(John Jenkins, Security Coordinator)

With a Copy to:
The Pitt County Board of Education
1717 West Fifth Street
Greenville, North Carolina 27834
Telephone: (252) 830-4227
Facsimile: (252) 830-0099
Email: [email protected]
(Emma J. Hodson, Attorney for The Pitt
County Board of Education)

If either Party hereto changes its address or other contact information for purposes of this
Agreement, the Party so changing shall give the other Party appropriate written notice of
change of address in the manner specified above.
9.0

Termination of Agreement. This Agreement may be terminated by either Party with or
without cause (for convenience) upon sixty (60) days’ written notice to the other Party as
provided in Section 8.0 herein. Termination of this Agreement may only be accomplished as
provided herein. In the event this Agreement is terminated, compensation will be made to the
Town for all services performed prior to the date of termination.

10.0

Arm’s Length Negotiation. The Parties further agree that this Agreement is to be deemed to
have been prepared jointly by the Parties hereto, after arm’s length negotiations, and that any
ambiguity or uncertainty existing herein, if any, shall not be interpreted against the other Party.
The Parties further agree to sign any and all instruments or documents necessary to carry out
the full purpose and intent of this Agreement. This Agreement shall be binding upon the Parties
and their successors in interest.

11.0

Entire Agreement. This Agreement constitutes the entire agreement between the Parties and
supersedes all prior agreements and understandings, whether written or oral, related to the
subject matter of this Agreement.

12.0

Amendment and Modification. This Agreement may be modified or amended by mutual
consent of the Parties as long as the amendment is executed in the same fashion as this
Agreement. Notwithstanding the foregoing, the Parties may develop additional policies and

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procedures by consent to implement this Agreement, including but not limited to policies and
procedures regarding reporting requirements and sharing information between the School
System and the Town. Further, each Party may develop internal policies and procedures to
implement their respective obligations under this Agreement.
13.0

Consideration. For and in consideration of the Town providing the SROs for participation in
the SRO Program as described herein, the School System agrees to reimburse the Town for the
cost of the SROs, as described in this Agreement.

14.0

Severability. The non-enforceability or illegality of any provision of this Agreement shall not
render the other provisions unenforceable, illegal, or invalid.

15.0

Headings. The paragraph headings contained herein are only for convenience and reference,
and are not intended to be part of this Agreement or in any manner to define, limit, or describe
the scope and intent of this Agreement for the particular paragraph to which they refer.

16.0

E-Verify Compliance. The Parties shall comply with the requirements of Article 2 of Chapter
64 of the North Carolina General Statues. Further, if either Party utilizes a subcontractor, the
Party shall require the subcontractor to comply with the requirements of Article 2 of Chapter
64 of the North Carolina General Statues. The Parties represent that they and their
subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North
Carolina General Statutes.

17.0

Governing Law; Venue. This Agreement shall be governed by the laws of the State of North
Carolina. The venue for initiation of any such action shall be Pitt County, North Carolina.

18.0

No Third Party Benefits. There are no third party beneficiaries to this Agreement. Nothing
in this Agreement shall create or give to third parties any claim or right of action against either
of the Parties, or their employees, agents, contractors, officers, officials, governing boards, or
successors in interest.

19.0

Counterparts. This Agreement may be executed in one or more counterparts, each of which
shall be deemed an original, but all of which taken together constitute one and the same
instrument.

IN WITNESS HEREOF, the Parties hereto have caused this Agreement to be executed the
day and year first written above.
[Remainder of Page Left Blank Intentionally. Signature Page Follows.]

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THE PITT COUNTY BOARD OF EDUCATION

TOWN OF WINTERVILLE

Steve M. Lassiter Jr.
Superintendent

Terri L. Parker
Town Manager

Aaron Errickson
Executive Director of Operations

Charles Hamilton
Lieutenant

APPROVED AS TO FORM:

Emma J. Hodson
Attorney for The Pitt County Board of
Education

E. Keen Lassiter
Town Attorney

PRE-AUDIT CERTIFICATION:
This instrument has been pre-audited in the manner required by the Local Government Budget and
Fiscal Control Act.

Renee Dunn
Interim Financial Officer, Pitt County Schools

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ATTACHMENT A

PITT COUNTY SCHOOLS
SCHOOL RESOURCE OFFICER PROGRAM MANUAL
2026-2027

186

SCHOOL RESOURCE OFFICER PROGRAM MANUAL
2026-2027
I.

Goals of the SRO Program, Purpose of this Manual, and Prohibition on Unlawful
Discrimination

The Pitt County Board of Education is grateful for strong relationships with seven law enforcement
agencies. Through the Board’s partnerships with the Ayden Police Department, East Carolina
University Police Department, Farmville Police Department, Greenville Police Department, Grifton
Police Department, Pitt County Sheriff’s Office, and Winterville Police Department, Pitt County
Schools is able to have an efficient and cohesive School Resource Officer (“SRO”) Program with
the primary goals of (1) providing a safe, inclusive, and positive learning environment for all
students, educators, administrators, volunteers, and other members of the school community and
(2) building positive relationships between law enforcement officers and school administrators,
parents, and students.
The purpose of this manual is to ensure that key stakeholders (i.e. principals, assistant principals,
central office staff, and SROs) have a clear understanding of the role and duties of SROs, the
role and duties of school system administrators, how SROs and school system administrators
should collaborate to achieve the goals of the SRO program, and limitations on the relationship
between SROs and the school system.
All key stakeholders should be aware that the SRO Program is to be operated without
discrimination against any person on the basis of sex, gender, race, color, religion, national origin,
age or disability. Under no circumstances will any stakeholder, the Board, or representative of
the law enforcement agencies supplying SROs engage in any conduct in violation of state or
federal anti-discrimination law in their interactions with students, including but not limited to any
retaliation for reporting, alleging, or filing complaints concerning any alleged discrimination.
II. The Imposition of School Discipline
A. Routine Disciplinary Matters
1. Principals and assistant principals (“school administrators”) shall be solely responsible
for implementing the Student Code of Conduct and school discipline policies. School
administrators, not the SROs, have primary responsibility for maintaining order in the
school environment and for investigating and responding to school disciplinary matters.
2. The SRO shall refer any reports or concerns relating to student discipline to the principal
or designee of the school where the student conduct arises and shall not independently
investigate or administer consequences for violations of the Student Code of Conduct or
any school disciplinary rules.
3. The SRO should generally not have any involvement in routine disciplinary matters, such
as tardiness, loitering, noncompliance, the use of inappropriate language, dress code
violations, minor classroom disruptions, and disrespectful behaviors and other similar
minor infractions of school rules unless such actions rise to the level of a criminal act.1
4. School administrators shall only request SRO assistance when necessary to protect the
1

For purposes of this Manual, the word crime or criminal includes delinquency.
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physical safety of staff, students, or others.
5. The SRO will not be involved in the questioning of students initiated and conducted by
school personnel in disciplinary matters unless requested by a school administrator to
maintain a safe and secure school environment. If the SRO’s presence is requested
under these circumstances, the SRO shall limit his or her involvement to only what is
reasonably necessary, based on his or her own observations, training, and experience,
to protect the safety and security of members of the school community. The SRO shall
not lead the investigation or actively question students.
B. Joint Law Enforcement and School Disciplinary Investigations
1. In cases where school disciplinary investigations and law enforcement investigations into
criminal activity overlap and relate to matters affecting health or safety (e.g., when both
a school administrator and an SRO are investigating matters related to the presence of
drugs or weapons on campus), it may be appropriate for school administrators and SROs
to work in tandem. In such events, the law enforcement investigation takes precedence
over school disciplinary issues. In such circumstances, the SRO shall be mindful of and
clarify his or her role as a law enforcement officer conducting a law enforcement
investigation when interviewing student witnesses, particularly students suspected of
criminal wrongdoing.
III. Investigation of Criminal Matters
A. SRO Initiated Investigations into Criminal Activity at School
1. SROs may initiate appropriate law enforcement actions to address criminal matters,
including matters that threaten the safety and security of the school or its occupants,
and/or intervene with staff or students (with or without a referral from a school
administrator) when necessary to ensure the immediate safety of persons in the school
environment in light of an actual or imminent threat to health or safety.
2. However, any such intervention shall be reasonable in scope and duration in light of the
nature of the circumstances presented and shall be reasonably calculated to protect the
physical safety of members within the school community, while minimizing, to the extent
possible, any unintended negative effects on students.
3. Additionally, all law enforcement actions and interventions to protect the safety of others
and the SRO shall be consistent with all applicable laws, regulations, and policies.
4. SROs shall assess allegations of potential criminal activity committed on or adjacent to
school property to determine whether further actions by law enforcement are required.
a.

An SRO shall intervene in all situations involving mandatory reportable
offenses (i.e. assault resulting in serious personal injury, sexual assault,
sexual offense, rape, kidnapping, indecent liberties with a minor, assault
involving the use of a weapon, possession of a firearm in violation of the law,
possession of a weapon in violation of the law, or possession of a controlled
substance in violation of the law). In situations involving mandatory
reportable offenses, the SRO shall report the offense to his or her agency
for investigation. The decision to pursue legal action shall be in the
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discretion of the law enforcement agency, the District Attorney, and/ or the
court.
b.

In situations involving non-reportable offenses, the SRO shall make an effort
to divert cases from the court system when appropriate.

5. It is understood by the Parties that an SRO may use reasonable force when, based on
the SRO’s observations, training, and experience, the force is necessary to protect the
safety and security of members of the school environment and comports with the SRO’s
law enforcement agency’s procedures and protocols and all applicable laws.
6. SROs shall also, whenever possible, advise the principal before requesting additional
law enforcement assistance on campus and shall request such assistance only when
necessary to protect the safety or security of those present on the school campus.
7. Criminal investigations, arrests, and taking juveniles into temporary custody in
accordance with Section 7B-1901 of the North Carolina General Statutes by SROs will
be conducted in accordance with all applicable legal requirements, including all
applicable laws, regulations, and policies governing the use of force, interrogations,
searches, and arrests.
B. Investigative (Searches, Questioning, etc.), Temporary Custody, and Arrest
Procedures
1. An SRO shall promptly notify a school administrator whenever he or she asks a student
questions of an investigative nature or takes any direct law enforcement action against
a student; however, notification may be withheld until deemed appropriate by the SRO if
such notification would endanger a student or any other person or compromise an
ongoing criminal investigation.
2. An SRO shall promptly notify a school administrator and the parent(s) or guardian(s) of
any student arrested for a criminal offense or taken into temporary custody pursuant to
Section 7B-1900 of the North Carolina General Statutes.
3. All SRO questioning or searches of students suspected of criminal wrongdoing and/or
searches of property by an SRO must be in accordance with applicable law. In particular,
SROs and school administrators should be familiar with the differing standards governing
searches by law enforcement officers for law enforcement purposes as compared with
searches by school administrators in connection with student discipline. Except as set
out in Paragraph 1 of this Subsection, SROs should contact a school administrator
before questioning or searching a student regarding an investigation into suspected
criminal activity to determine if a school administrator should be present during the
questioning or searching.
4. If an SRO questions, searches, arrests, or takes a student into temporary custody at
school, all reasonable efforts will be made by the SRO and a school administrator to
remove the student from other students and/ or bystanders or otherwise to minimize
attention to the student.
5. At no time shall any SRO request that any PCS employee lead or conduct a search of a
student for law enforcement purposes or request that a PCS employee act as an agent
of law enforcement. At no time shall a school administrator or PCS employee request
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that an SRO conduct a search of a student for school disciplinary investigations.
6. The SRO shall participate in searches of students or their belongings in school
disciplinary investigations only if their assistance is requested by school personnel and
the SRO agrees, based on his or her observations, training, and experience, that the
requested assistance is necessary to maintain a safe and secure school environment.
C. Non-School Investigations
1. SROs shall refrain from questioning students at school regarding non-school related
matters unless the SRO has a warrant or unless questioning, searching, arresting, or
taking a student into temporary custody on school property at that time is necessary, in
the discretion of the SRO, for the success of a law enforcement investigation or to
prevent injury or crime.
IV. SROs as a Mentors and Members of the School Community
A. The SRO shall conduct himself or herself as a role model at all times and in all facets of
his or her work and shall seek to establish a strong rapport with school administrators,
faculty, staff, students, parents, and others associated with the school. SROs shall also
encourage students to develop positive attitudes towards the school, education, law
enforcement officers, and positive living in general.
B. SROs are strongly encouraged to attend meetings held during the SRO’s regular duty
hours of parent and faculty groups to solicit their support and understanding of the SRO
Program and to promote awareness of law enforcement functions.
C. SROs shall be familiar with community agencies that offer assistance to students and their
families, including but not limited to mental health services and drug treatment centers,
and shall provide information on such agencies to students, parents, and/ or school
administrators when appropriate. In addition and when appropriate, the SRO shall provide
information to school administrators, students, and parents regarding additional resources
offered by community agencies or the agencies providing afterschool and summer
programs and opportunities for youth.
D. SROs may answer questions and /or provide general information regarding North Carolina
criminal or juvenile laws but should not to give legal advice.
E. SROs shall attend meetings held during the SRO’s regular duty hours of Students Against
Destructive Decisions (SADD) groups in schools and SADD groups as requested. SADD
groups are student-run programs that educate the school community about issues related
to drug and alcohol abuse, sexual activity, depression, bullying, and suicide within the
student population.
F. SROs shall, whenever possible and in accordance with guidance from the school principal
or designee, participate in or attend school functions during the SRO’s regular duty hours,
in order to assist in the safe operation of school-related programs.
G. SROs shall wear the official law enforcement uniform or other apparel approved by their
respective law enforcement agencies at all times while on-duty and serving on school
property and shall make best efforts to maintain high visibility at all times when practical
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and safe to do so, especially in areas where incidents of crime or violence are most likely
to occur.
H. Unless approved in writing by the head of the SRO’s agency, SROs are not to be used on
a daily or routine basis for traffic direction at or adjacent to school property.
I.

The SRO shall remain on the school grounds in accordance with the schedule agreed
upon between the school system and the SRO Supervisor. Any changes to this schedule
and any SRO substitutions should be communicated by the SRO Supervisor to the
Security Specialist and principals of any affected schools with as much advance notice as
possible under the circumstances.

V. Communication Between School Administrators and SROs
A. At the School Level
1. Open communication between SROs and school principals is encouraged at all times to
ensure a collaborative and productive relationship.
2. SROs, school administrators, and designees of the school principals are expected to
meet on a regular basis, both formally and informally, to discuss school safety concerns,
duties, and responsibilities. SROs, school administrators, and designees of school
principals are all expected to initiate such meetings to promote open and strong
communication.
3. Principals are authorized by the Board and are expected to timely report any alleged
criminal activities that occur on campus to the assigned SRO in compliance with all
applicable state laws and relevant Board policies.
a. Presently, criminal offenses that must be immediately reported to the SRO include:
(1) assault resulting in serious personal injury; (2) assault involving the use of a
weapon; (3) assault on school officials, employees, or volunteers; (4) making bomb
threats or engaging in bomb hoaxes; (5) willfully burning a school building; (6)
homicide; (7) kidnapping; (8) unlawful, underage sales, purchase, provision,
possession, or consumption of alcoholic beverages; (9) possession of controlled
substances in violation of law; (10) possession of a firearm; (11) possession of a
weapon; (12) rape; (13) robbery with a dangerous weapon; (14) sexual assault (not
involving rape or sexual offense); (15) sexual offense; and (16) taking indecent
liberties with a minor.
B. With General Administration and Principals
1. During the months of September 2026 through June 2027, the SRO Supervisor shall
provide to the PCS Security Specialist a monthly report of the aggregated number of
referrals. A copy of these reports must be transmitted to the Security Specialist no later
than the fifth day of the following month (e.g. the report for September 2026 should be
transmitted no later than October 5, 2026).
2. During the months of September 2026 through June 2027, the SRO Supervisor shall
provide to the Security Specialist a report of all school-based or related actions taken by
that agency’s SROs and all matters that were referred to the court system within that
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reporting period. These reports will also include information known to the SRO
Supervisor or his or her agency regarding the outcome of any matter referred to the court
system (if the matter has been decided in the reporting period) and the involvement of
Pitt County Schools or an individual school in the proceeding (e.g. if district employees
or students were called as witnesses). A copy of these reports must be transmitted to
the Security Specialist no later than the fifth day of the following month (e.g. the report
for September 2026 should be transmitted no later than October 5, 2026).
3. During the months of September 2026 through June 2027, SROs shall complete monthly
security assessments for each of the SROs’ assigned schools. The SRO Supervisor will
provide copies of the security assessment reports completed by SROs to the Security
Specialist and respective principals no later than the last day of the month (e.g. the report
for September 2026 is due no later than September 30, 2026).
VI. Transporting PCS Students
A. SROs shall not transport any students in their vehicles unless either (1) the student is a
victim of a crime and is being transported to a medical facility or to the SRO’s law enforcement
agency or (2) the student is under arrest or has been taken into temporary custody.
B. SROs shall notify the principal before removing a student from campus.
C. SROs shall not transport students in their personal vehicles. If an SRO does not have an
agency vehicle, then a patrol unit shall be dispatched to assist the SRO.
VII. Sharing Education Records
A. Pitt County Schools officials are required to comply with the Family Educational Rights
and Privacy Act (“FERPA”). Under FERPA, education records (i.e. records, files,
documents, and other materials, including security footage, that are directly related to a
student and maintained by Pitt County Schools or by parties acting for Pitt County Schools)
may only be disclosed to SROs in certain circumstances.
B. SROs shall not automatically have access to educational records or personally identifiable
information about a student in those records simply because they are conducting a
criminal investigation involving a student or for general non-specific purposes.
Circumstances where school officials may disclose relevant educational records and
personally identifiable information contained in those records with SROs include, the
following:
1. The student’s parent or the guardian or the student (if 18 years of age or older) consents
in writing to disclose education records to the SRO;
a. NOTE: Consent must be obtained using Pitt County Schools’ FERPA Authorization
Form which is included in this manual as Appendix I.
2. The information sought (again for a specific purpose) is directory information (e.g.
student home address, student phone number, etc.);
a. NOTE: Students’ parents or guardians or students who are 18 years of age or older
may opt out of sharing directory information. School system officials are NOT
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permitted to share directory information if an opt out has occurred.
b. ALSO NOTE: School officials may not confirm non-directory information to an SRO.
For example, if an SRO provides a student’s name and social security number (or
other non-directory information) to school officials and is seeking additional
directory information, school officials may not use a social security number or other
non-directory information to search for the student’s records as opposed to a name
because using non-directory information to search for a student is considered to be
confirming the accuracy of non-directory information to the SRO.
3. Pursuant to a subpoena, warrant, or other court order;
a. NOTE: Prior to complying with a warrant, subpoena, or other court order, FERPA
requires school officials to make a reasonable effort to notify the parent, guardian,
or student who is over 18 years of age of the subpoena or court order to give an
opportunity to the parent, guardian, or eligible student to object or seek other
protective action. School officials should contact in-house counsel upon the receipt
of any warrant or subpoena seeking educational records. A template of an Order
for Release of Educational Records that legal counsel for SROs may utilize to
obtain education records is included in this manual as Appendix II.
b. ALSO NOTE: There are three situations where making a reasonable effort to notify
parents, guardians, or students over 18 years of age is not required: (1) a court
issuing a federal grand jury subpoena may direct school officials to keep the
existence or contents of the subpoena confidential even as to the involved student
and/ or parents; (2) a subpoena issued for any other law enforcement purpose may
similarly direct the school to keep the subpoena confidential; and (3) federal law
enforcement authorities may obtain ex parte secret subpoenas of student records
in terrorism investigations.
c. An SRO who is taking steps to obtain a warrant, subpoena, other court order, or
parental consent to obtain FERPA protected records, may ask school
administrators or the School Security Department to preserve relevant FERPA
protected records, including security camera footage, prior to obtaining the warrant,
subpoena, other court order, or parental consent. Upon receiving a request for
preservation from the SRO, school administrators and the School Security
Department shall secure and prevent the destruction of any records requested by
the SRO, including those records that may be maintained by other custodians (e.g.
teachers), until the SRO provides a warrant or written parental consent. Upon
producing the warrant or written parental consent, school administrators or the
School Security Department will produce the requested records to the SRO.
4. A health or safety emergency exists;
a. NOTE: School officials may disclose educational records under this exception to
“appropriate persons” without consent in connection with an emergency when
school officials perceive an “articulable and significant threat” to the health or safety
of the student or others under the totality of the circumstances.
i.

The standard for when a health or safety emergency exists is flexible. School
officials should generally not release education records based on a not fully
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formed sense that a student “might” do something at some indeterminate point
in the future, but they are also not required to delay a release until the moment
a student is on-campus with a gun. Ultimately, school officials need to be able
to articulate a basis for reasonably believing that a student poses a significant
risk of harm to himself or herself or others.
ii. Examples of articulable threats might include (but are not limited to) students
making statements about suicide or violence toward others, displaying
unusually erratic or angry behaviors, or engaging in similar conduct that school
officials would reasonably see as posing a risk of serious harm. By contrast,
merely knowing that a student has access to a large cache of weapons at
home—without accompanying behavioral red flags—would likely not rise to the
level of an articulable or significant threat.
b. SROs and other law enforcement officials are considered appropriate persons who
need information to protect the health or safety of the student or others.
5. The SRO is acting as a “school official” (as it relates to accessing student records as
defined in 34 CFR 99.31) for the purpose of participating on a Behavioral Threat
Assessment and Management Team or to review the behavioral intervention plan of a
student with a disability at the request of the principal to provide support and assistance
in deescalating physical conflicts and ensuring the physical safety of the student and
others when the student is involved in interpersonal conflicts;
a. In both instances, the SRO is deemed a “school official” because he or she is
exercising a function that would otherwise be performed by school personnel and
the SRO has legitimate educational interests in the information to be disclosed.
SROs will receive training on the limits of additional disclosures of information that
was provided to them when acting as “school officials” as part of Behavioral Threat
Assessment and Management Training.
6. Records concern registered sex offenders and the information was provided to school
officials pursuant to federal law (i.e. Jacob Wetterling Crimes Against Children and
Sexually Violent Offender Registration Act).
C. School officials and SROs should be aware that it is the position of Pitt County Schools
that Section 7B-3100 of the North Carolina General Statutes does not create a FERPA
exception that allows for the sharing of records related to the “juvenile justice system.”
However, FERPA does permit school officials to report child abuse and neglect to DSS.
D. Information obtained through a school official’s personal knowledge or observation (e.g. a
teacher overhears a student make a threatening remark, observes a change in a student’s
behavior, or reads a threat posted on the school’s social media page) is not an education
record and can be disclosed to SROs even if an education record exists containing the
information.
1. NOTE: The general rule that personal knowledge and observations can be shared with
law enforcement DOES NOT apply to school officials who have a role in making a
determination that generates a protected educational record (e.g. a psychologist may
not disclose to an SRO information learned about a student’s behavior that the
psychologist used in a report or assessment to determine a student’s eligibility for special
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education; a principal may not advise an SRO that a student is suspended; etc.).
VIII.

Evaluation of SROs and Complaints Regarding Program Participants

A. Each SRO is employed by either the Ayden Police Department, East Carolina University
Police Department, Farmville Police Department, Greenville Police Department, Grifton
Police Department, Pitt County Sheriff’s Office, or Winterville Police Department.
Although personnel decisions are ultimately made by an SRO’s employer, principals shall
provide annual advisory evaluations of SROs utilizing a form developed by the Board and
these six law enforcement agencies. The Pitt County Schools Security Specialist shall
collect evaluation forms from principals and solicit feedback from the superintendent and
other administrators annually. The Security Specialist shall then submit the evaluation
forms and any other feedback to the applicable law enforcement agency.
B. In addition to annual evaluations, principals and school system administrators should
immediately advise the Security Specialist, in writing, if an SRO is not effectively
performing his or her duties or responsibilities and/or a staff member, student, parent, or
other member of the school community has complained about actions of the SRO.
Depending on where the SRO is employed, the Security Specialist will forward any written
complaints to the officer supervising the SRO made the subject of the complaint by the
end of the workday following the workday on which the complaint is received. The Security
Specialist will then undertake an investigation into the allegations of the complaint, gather
written witness statements from any individuals with information relevant to the complaint,
and shall complete a written report of the investigator’s findings and conclusion as to
whether the allegations of the complaint were substantiated or not. The written report
shall also be submitted to the subject SRO’s supervising officer within one work day from
its completion.
C. SROs shall immediately notify the SRO Supervisor in writing of any credible complaint
received from a staff member, student, parent, or other member of the school community,
or of any incident an SRO observes, involving the use of inappropriate or excessive
physical force by a teacher, school administrator, or other School System employee or
volunteer. The SRO Supervisor shall then forward any such complaint to the School
System Security Specialist.

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APPENDIX I
AUTHORIZATION FOR RELEASE OF EDUCATION RECORDS

I, ________________________________________ (name of parent/guardian/student if 18 or older), hereby give
permission for officials of Pitt County Schools to disclose confidential education records of the Student,
__________________________________________ (name of student), and/or any personally identifiable
information contained in those education records to the following (name of recipient and address):

The education records governed by this waiver shall include (check all that apply):
Transcripts, report cards, and other grade reports
Attendance information
Disciplinary records
Cumulative file
Special education file
Immunization records
Other health records
Other (please specify):
These records may be disclosed (check one):
Upon the authorized person’s request; OR
One time only, upon execution of this consent.
This information is provided for the following purpose:
To provide relevant information to the Student’s medical provider(s);
To assist in meeting the Student’s educational needs; OR
Other (please specify):
I understand that I may revoke this authorization at any time by providing my signed written notice to the
appropriate Pitt County Schools officials.
Absent such notice, this authorization shall expire on
_________________________________ (date).
I acknowledge that this form constitutes my written consent to release written consent to the release of confidential,
personally identifiable information that is protected under the federal Family Educational and Privacy Rights Act
(FERPA) and state law governing the confidentiality of student records and personally identifiable information
contained in such records. I certify that I am more than eighteen years old and that I have authority to execute this
authorization.
Signature of parent/guardian/student 18 or older

Date

Name (please print)
Address

City

State

Zip

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APPENDIX II-COURT ORDER TEMPLATE
STATE OF NORTH CAROLINA
COUNTY OF PITT

IN THE GENERAL COURT OF JUSTICE
DISTRICT COURT DIVISION

IN RE: __________________________

ORDER FOR RELEASE OF EDUCATIONAL
RECORDS

THIS CAUSE HAVING COME ON TO BE HEARD before the undersigned District Court Judge
presiding, and it appears to the court:

1. That there is an ongoing criminal investigation by **OFFICER’S NAME** of the **NAME OF LAW
ENFORCEMENT AGENCY** regarding **TYPE OF INCIDENT** that occurred on or about **DATE
OF INCIDENT** which is a violation of the North Carolina General Statute ______.

2. That the alleged offenses occurred at ________ School, a public school that is part of the Pitt
County Public School System.

3. Upon information and belief, **INFORMATION YOU ARE SEEKING** (for example there is video
surveillance of the crime scene and there are statements to school administrators made by four
students associated with this investigation).

4. Upon information and belief, said video surveillance and student statements are considered
"education records" of one or more public school students under the Family Educational Rights
and Privacy Act (FERPA), 20 U.S.C. § 1232g, and its implementing regulations, and contain
information relevant and material to the investigation described above.

5. Under the relevant FERPA regulation, 34 C.F.R § 99.3l(a)(9), an educational agency or institution
may disclose personally identifiable information from an education record of a student without
written parental consent if the disclosure is to comply with a judicial order or lawfully issued
subpoena. The same regulation also provides that the educational agency or institution may make
such disclosures only if the agency or institution makes a reasonable effort to notify the parent or
eligible student of the order or subpoena in advance of compliance, so that the parent or eligible
student may seek protective action.

6.

That it is in the best interest of justice and the enforcement of the laws of the State of North
Carolina to have this information disclosed to law enforcement for use in the criminal investigation
described above, subject to the rights of the parent or eligible student whose records would be
disclosed to seek protective action from this Court prior to disclosure.

IT IS THEREFORE ORDERED that any **INFORMATION YOU ARE SEEKING** contained in student
education records maintained by school officials at ________ School as described in this Order be
released to **OFFICER’S NAME** of the **NAME OF LAW ENFORCEMENT AGENCY** for use in the
criminal investigation of this matter, after appropriate school officials have first provided reasonable notice
to the parents or eligible students of their rights to seek protective action from this Court.
This the_____ of ________, 20___.
_____________________________
Presiding Judge

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ATTACHMENT B
SRO PROGRAM MANUAL ACKNOWLEDGEMENT
(To be Completed by ALL SROs, Principals, and Assistant Principals)
I, ___________________________________ (print name), am a key stakeholder in the success of Pitt
County Schools’ SRO Program.
As a key stakeholder, I acknowledge that the success of the SRO Program requires collaboration between
principals, assistant, principals and SROs and a clear understanding of the roles and duties of school
administrators and SROs.
By signing below, I acknowledge that I have read the SRO Program Manual developed by the Pitt County
Board of Education and local law enforcement agencies to develop an understanding of the roles and duties
of school administrators and SROs.
Principal/AP/ SRO Signature:
Date:
**THIS FORM SHOULD BE SUBMITTED TO THE PITT COUNTY SCHOOLS SECURITY DEPARTMENT ON
OR BEFORE OCTOBER 31, 2026. THE FORM SHOULD BE SENT VIA E-MAIL TO JOHN JENKINS
([email protected]).

198

ATTACHMENT C
SRO PERFORMANCE EVALUATION METRIC 2026-2027 ACADEMIC YEAR
(TO BE COMPLETED BY SCHOOL SYSTEM ADMINISTRATORS)
School Name:
Completed By:
Date Completed:
SRO Name:
Please respond to each of the following by writing either YES or NO.
Question
Response
Q1: SRO remains on campus during normal school hours, except when necessary
to attend to a law enforcement emergency, trainings, meetings, or official law
enforcement business off-campus.
Q2: SRO makes best efforts to maintain high visibility at all times when practical
and safe to do so, especially in areas where incidents of crime or violence are
most likely to occur.
Q3: SRO participates in or attend school functions during regular duty hours in
order to assure the peaceful operation of school-related programs.
Q4: SRO conducts himself/ herself as a role model at all times and in all facets of
the job and seeks to establish a strong rapport with staff, faculty, students, and
others associated with the school and encourages students to develop positive
attitudes toward school, education, law enforcement officers, and positive
living in general.
Q5: SRO initiates appropriate law enforcement actions to address criminal
matters, including matter that threaten the safety and security of the school or
its occupants, and/or intervenes with staff or students (with or without a
referral from school staff) when necessary to ensure the immediate safety of
persons in the school environment in light of an actual or imminent threat to
health or safety.
Q6: SRO refers any reports or concerns relating to student discipline to the
principal or designees and does not independently investigate or administer
consequences for violations of the Student Code of Conduct or any school
disciplinary rules.
Q7: SRO meets with principal and members of the administrative team
designated by the principal on a regular basis, both formally and informally,
to discuss school safety concerns, duties, and responsibilities.
Q8: SRO reports any safety concerns to the school principal and/or designee and
confers with the school principal to develop plans and strategies to prevent
and/or minimize dangerous situations on or near the campus involving
students at school-related activities.
*If you would like to provide any comments regarding your SRO or the SRO Program and/or if an
answer above was NO, please complete the comments form below.
Comments:

199

Town of Winterville
Town Council
Agenda Abstract

Item Section: New Business
Meeting Date: September 14, 2026

Presenter: Anthony Bowers, Assistant Town Manager

Item to be Considered
Subject: Sewer Pumpstation Project – TA Loving Contractor - Final Adjusting Change Order.
Action Requested: Approve the Change Order.
Attachment: Final Adjusting Change Order.
Prepared By: Anthony Bowers, Assistant Town Manager

Date: 8/28/2026

ABSTRACT ROUTING:
☒ TC: 9/8/2026

☒ TM: 9/8/2026

☒ Final: tlp - 9/8/2026

Supporting Documentation
TA Loving has completed the project in a timely manner and has come in under budget in the amount of
$326,722.65. The final change order does two thing. It reduces the amount of the contract and provides a 50
day extension to TA Loving for the completion of the project.
In order to finalize the project and provide NCDEQ with the proper documentation to close out the project.
The Town needs to amend the contract to reflect the updated cost. This reduction in cost will reduce the
amount that the Town has to borrow for the project.
Therefore, staff is recommending the final change order be approved.
Date of Notice to Proceed Issued: December 2, 2024.
Date of Substantial Completion (457 Days): March 4, 2026.
Date of Readiness for Final Payment (487 Days): April 3, 2026.
Date of Substantial Completion Achieved May 18, 2026 (507 Days).
Contractor Number of Requested Days (See attachment) = 50 Days.
Contractor Number of No Work Days (From RPR's Daily Reports) = 25 Days.

Budgetary Impact: Reduction in the contract in the amount of $346,706.78.
Recommendation: Staff recommends Council Approve the Final Adjusting Change Order.
20260219

200

201

Town of Winterville
Town Council
Agenda Abstract

Item Section: Consent Agenda
Meeting Date: September 14, 2026

Presenter: Anthony Bowers, Assistant Town Manager

Item to be Considered
Subject: ST Wooten - Downtown Parking Final Adjusting Change Order.
Action Requested: Approve the Change Order.
Attachment: Change Order.
Prepared By: Anthony Bowers, Assistant Town Manager

Date: 9/3/2026

ABSTRACT ROUTING:
☒ TC: 9/8/2026

☒ TM: 9/8/2026

☒ Final: tlp - 9/8/2026

Supporting Documentation
ST. Wooten has completed the Downtown Parking Project.
As a result of modifications to the original plan, we have a final change order in the amount of $86,291.91
This included additional paving on Church St so that everything is uniform. Conduit, so that the Town Hall
can be supplemented with the generator from next door. (saving the town $150,000) Undercutting and
removal of bad soils in the intersection of Depot Street and Church Street. Lastly was the addition of the
retaining wall around the drive through.
Overall, the project came in under budget in the amount of $99,815. It was also completed on schedule.

Budgetary Impact: Increase in the contract in the amount of $86,291.91.
Recommendation: Approve the Final Adjusting Change Order
20260219

202

Change Order

Owner

[X]

Town of Winterville

Architect
Engineer

[ ]
[ ]

PROJECT:
Depot Street & Church Street Parking Improvements

CHANGE ORDER NUMBER:
DATE:
PROJECT NUMBER:
CONTRACT DATE:
NOTICE TO PROCEED DATE:

TO CONTRACTOR:

CONTRACT FOR:

S.T. Wooten Corporation
PO Box 2408
Wilson, NC 27894

Town of Winterville
2571 Railroad Street
Winterville, NC 28590

Contractor

[ ]

Field

[ ]

1
September 3, 2026
24120
June 8, 2026
July 6, 2026

This Contract is changed as follows:
#Description and line items/quantities

Amount

Item 1: Additional Conduit For Emergency Generator
Item 2: Additional Pavement Areas on Church Street
Item 3: Retaining Wall
Item 4: Pavement Repairs at Depot St & Church St Intersection
Item 5: Final Adjustments to Contract Quantities

$
$
$
$
$

13,882.00
59,482.25
7,974.50
15,298.76
(10,345.60)

$

86,291.91

The Original Contract Sum was ……………………………………………………………….

$

388,893.00

Net Change by Previously Authorized Change Orders …………………………………..

$

The Contract Sum Prior to this Change Order was ………………………………………..

$

388,893.00

The Contract Sum will be increased by THIS CHANGE ORDER in the amount of ……

$

86,291.91

The New Contract Sum including this Change Order will be …………………………..

$

475,184.91

Total Cost of This Change Order

Original Contract Completion Date is……..

-

October 4, 2026
0

Net Change by Previously Authorized Change Orders …………………………………..
The Contract Completion Date Prior to this Change Order was ………………………………………..

October 4, 2026

The Contract Time will be increased by ( #Number ) calendar days

0

The Contract Completion Date, as of the date of this Change Order, is therefore ………

ARCHITECT/ENGINEER
Ark Consulting Group, PLLC
Scott T. Anderson, P.E.

CONTRACTOR
S.T. Wooten Corporation
Address

October 4, 2026

OWNER
Town of Winterville
Address

925-A Conference Dr.
Greenville, NC 27858

PO Box 2408
Wilson, NC 27894

2571 Railroad Street
Winterville, NC 28590

BY:

BY: ________________________

BY: _______________________

DATE:

DATE: ______________________

DATE: _____________________

COG #797311

203