LEE COUNTY BOARD OF COMMISSIONERS MCSWAIN EXTENSION EDUCATION AND AGRICULTURE CENTER 2420 TRAMWAY ROAD SANFORD, NC 27330 March 4, 2024 MINUTES Roll Call Taylor Vorbeck Absent: Bill Carver CALL TO ORDER INVOCATION Present: Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick, Chairman Kirk Smith called the meeting to order at 6:00 p.m. Commissioner Cameron Sharpe called for a moment of silence and led the Board and attendees in the Pledge of Allegiance. PLEDGE OF ALLEGIANCE . ADDITIONAL AGENDA Commissioner Taylor Vorbeck asked that item VIA Lee County Schools Purchase Request Broadway Presbyterian Church Parking Lot be moved to the Consent. Agenda. For: 6-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Motion: Motion to approve the Agenda as amended Mover: Robert Reives Lovick, Taylor Vorbeck Absent: 1 - Bill Carver Motion Result: Passed II. APPROVAL OF CONSENT AGENDA Motion: Motion to approve the Consent Agenda as amended. Mover: Taylor Vorbeck Taylor Vorbeck Absent: 1-E Bill Carver Motion Result: Passed For: 6-1 Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick, II.A Minutes from the February 19, 2024 Regular Meeting BOC Regular Meeting Mnules.21924.fmalpdi II.B County of Lee Transit System Safety Plan Annual Update ADOPTED 2024 Lee County Drug and Alcohol-Free Workplace PoleypdfLee.Couny.Satly,Pen.Polg.slatemenuBOCpar II.C County of Lee Transit System Americans with Disabilities - ADA Plan COLTS ADA Packet Feb 2024.pdf II.D 165 Reducing Infant Mortality in Communities 165-2 FY24 Lee.pdf II.E Memorandum of Understanding (MOU) between the Lee County Health Department and the Cumberland County Health Department MOU_Cumberland. County.HD_2024pdr Exhibit 1-ARPA.pdf DG6011 - Lee County, NC- - DG Care Advise 1YR - Budgetary (1).pdf Da-omhtemaen.PAPAT (1).pdf II.F Request to Accept the National Environmental Health Association (NEHA)-Food and Drug Administration (FDA) Retail Flexible Funding Model Grant Program Standards Lee CO._NEHA-FDA Retail Grant Award Letter 01Jan2024.pdf II.G Budget Amendment 03/04/24/11 Budget Amendment Packet 3-4-24.pdf with the Lee County Register of Deeds Exhibit B MOA August 8, 2022.pdf Modification to Declaration Final.pdf 2024 CBCG_NOFO_Finalpdr CBCG application v1.0 (read only).pdf I.H Amend MOA with Mr. O.T. Sloan and allow staff to file a modification to declaration Amended MOA OT Sloan Park.Final2.20.24 signed by Mr. Temple.pdf Library Plat.pdf II.I Approval of Application for the Capacity Building Competitive Grant Program III. PUBLIC COMMENTS screening invitation) - Hannia Benitez, The Hispanic Liaison, 1225 N Horner Blvd, Sanford (Bulls & Saints film IV. PROCLAMATION PRESENTATION V.AProclamation Honoring the Southern Lee High School State Championship Commissioner Mark Lovick read aloud and presented a proclamation honoring the Southern Lee High School State Championship Bowling Team. Motion: Motion to approve the proclamation honoring the Southern Lee High School State Championship Men's Bowling Team and proclaim March 5, 2024 as Southern Lee High School Men's Bowling Team Day in Lee County. For: 6-1 Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick, Bowling Team Mover: Mark Lovick Taylor Vorbeck Absent: 1-5 Bill Carver Motion Result: Passed V. OLD BUSINESS V.A Planning Board Recommendation for a Rezoning Request Chairman Smith first asked if there were any conflicts of interest related to the rezoning request. None were indicated. Senior Planner forl Long Range Planning David Montgomery presented the Planning Board's recommendation for a rezoning request submitted by Michael L. Cranford to rezone 3.38 acres oft two tracts of land addressed as 2909. Jefferson Davis Highway from Highway Commercial (HC) to Light Industrial (LI). Mr. Montgomery said the Planning Board voted unanimously to approve the request and noted that there was no opposition to the request. The Planning Board also voted unanimously that the request was not consistent with the Plan San-Lee Land Use Plan designation of countryside, but did note the Motion: Motion that the proposed rezoning request is not consistent with the Plan San-Lee Long-Range Plan designation of countryside because Light Industrial Zoning is typically not found on agricultural and undeveloped land. For: 6-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark surrounding area was more rural in nature. 001-RECO-REZQ2909 JEFFERSON DAVIS-BINDER.pdf Mover: Taylor Vorbeck Lovick, Taylor Vorbeck Absent: 1- Bill Carver Motion Result: Passed Motion: Motion to approve the rezoning request submitted by Michael L. Cranford to rezone 3.38 acres of two tracts of land addressed as 2909 Jefferson Davis Highway from Highway Commercial (HC) to Light Industrial (LI). Mover: Taylor Vorbeck Sharpe, Kirk Smith Absent: 1- Bill Carver Motion Result: Passed For: 6-D Dr. Andre Knecht, Robert Reives, Mark Lovick, Taylor Vorbeck, Cameron V.B Planning Board Recommendation.UDo Text Amendment-Revsing the Approval Senior Planner. Amy McNeill presented a UDO text amendment to revise the approval process for a preliminary major subdivision plat. The Planning Board met on February 19, 2024 after the public hearing was held and recommended by a six to one vote that the Commissioners approve the proposed text amendment to allow major subdivision plats to be reviewed for compliance with the UDO subdivision regulations and all applicable polcles/regulations by the Technical Review Committee (TRC) and then also approved by the TRC, which, removes the. Planning Board and Commissioners from the review and approval process for major subdivision preliminary plats. The Board member who cast the dissenting vote expressed interest in revisiting this text amendment in the future when/if the volume of subdivisions proposed in the County increased. Commissioner Robert Reives asked if preliminary major subdivision plats could be placed on the Consent Agenda for approval if this amendment is not approved. Ms. McNeill said that is allowed. Motion: Motion to recuse Commissioner Cameron Sharpe from items V.B Planning Board Recommendation-upo Text Amendment-Revising the Approval Process for a Preliminary Major Subdivision Plat and V.C Planning Board Recommendation-upo Text Amendment-Major Subdivision Preliminary Plat Extension due to a conflict of interest. Process for a Preliminary Major Subdivision Plat 002-TA-TRC Approval of Subd Plats-BINDER-V2.pdr Mover: Cameron Sharpe Taylor Vorbeck Absent: 1-5 Bill Carver Motion Result: Passed Mover: Taylor Vorbeck Against: 1-H Kirk Smith Abstain: 1- Cameron Sharpe Absent: 1- Bill Carver Motion Result: Passed For: 6 - Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick, Motion: Motion to not approve a UDO text amendment to revise the approval For: 4 -Dr. Andre Knecht, Robert Reives, Mark Lovick, Taylor Vorbeck process for a Preliminary Subdivision Plat. V.C Planning Board Recommendaton.UDo Text Amendment-Major Subdivision Preliminary Plat Extension Senior Planner Amy McNeill presented a UDO text amendment to revise the period oft time that a preliminary major subdivision plat is valid after approval from two to five years. The Planning Board met on February 19,2024 after the public hearing was held and recommended by unanimous vote that the Commissioners approve the proposed text amendment to extend the original approval period for major subdivision preliminary plats from two to five years, with two years allowed for all subsequent extensions. Also, any plat that was approved between January 1, 2021- - December 31, 2023 will receive an automatic extension not to exceed five years. County Attorney Whitney Parrish said the Commissioners could determine a different period for this, Ms. McNeill said this is mostly occurring within the City limits. The development, projects are bigger than they used to be and require more approvals, which can extend time beyond the two-year approval time. 003-TA-Plat EXENSOPINDERMZPAN Motion: Motion to revise the period of time that a Major Subdivision Preliminary Plati is valid after approval from two to three years. For: 4 - Dr. Andre Knecht, Robert Reives, Mark Lovick, Taylor Vorbeck Mover: Robert Reives Against: 1-H Kirk Smith Abstain: 1- Cameron Sharpe Absent: 1-1 Bill Carver Motion Result: Passed VI. NEW BUSINESS VI.A Lee County Schools Purchase Request Broadway Presbyterian Church Parking Lot This item was moved to the Consent. Agenda and is now item II.J. Scan,2024-02-19-13-21-01.par VII. MANAGERS' REPORTS County ManagerLisa Minter noted that the meeting location for the March 18, 2024. Board of Commissioners meeting will be at the Dennis Wicker Civic Center (located at 1801 Nash Street, Sanford), not the Ruby McSwain Center (located at 2420 Tramway Road). Ms. Minter also mentioned a recent visit by Lee County Government and Lee County Schools staff and elected officials to Chatham County's Joint Use Transportation Facility. The Board will hear more about such a facility for Lee County and Lee County Schools as the Capital Improvement Plan is developed. Commissioner Reives asked what the acreage was for the facility. Ms. Minter said it was part of the 250 acres that Chatham County acquired to build their government campus, and that Lee County could build such af facility at the. Jonesboro Elementary site, as well as a Counywarehousenbage facility. There would not be gas pumps at the new. site, since General Services already has gas pumps and the County works with the school district to provide gas for their vehicles. VIII. COMMISSIONERS COMMENTS County Attorney Whitney Parrish noted that she and Assistant County Manager of Governmental Support. Angelina Noel presented an update on the opioid settlement funds to the Broadway Board of Commissioners last week. Chairman Smith mentioned a meeting earlier in the day with the volunteer fire department chiefs, in which they discussed VIPER radios. County Manager Lisa Minter said the radios will be a part oft the Capital Improvement. Plan and are intended to be financed with the new Library funding this summer. Commissioner Reives asked if the VIPER radios will be compatible with the City of Sanford. Ms. Minter noted that there will be 12 consolettes installed as a part of the infrastructure portion of the project at the Sanford 911 Communications Center. Assistant County Manager of Operational Services Jennifer Gamble mentioned that there is a patch that can be utilized; however, she would. need to get information on the status and reliability of the patch. She also said that many of the fire departments are acquiring dual and tri band radios that will continue to maintain communications with the analog UHF/VHF systems along with the 800 MHZMIPER system. The analog system is what is currently utilized by fire, law enforcement, EMS, COLTS, and General Services for communications. The County has also continued to invest funds to maintain the UHF/VHF systems for the foreseeable future. ADJOURN Mover: Robert Reives Vorbeck Absent: 1- Bill Carver Motion Result: Passed Motion: Motion to adjourn. The Board adjourned at 6:43 p.m. For: 6-1 Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Mark Lovick, Taylor m Kirk'Smith, Chair Lee County Board of Commissioners ATTEST: Hailey Hall, the Clerl)tot ICOUATA BE EAHaL * CAR County ofLee Transit System Safety and Security Plan The County ofLee' Transit System seeks input from both our governing board and staffi in the development of the following Safety: and Security Plan (SSP). We value this input and feel it adds assurance thata culture ofsafety is al high priority att the County ofI Lee Transit System. Our governing board provides input annually as part oft their approval oft the SSP. Staffi is involved in reviewing various sections oft the! SSP throughout the year during monthly safety meetings or at the time an issue needs their input, enhancements: are made to the plan. All agency staffi implement the plan through their various roles and responsibilities. The Safety and Security Plani includes: Fare Collection Policy Training Manual New Hire Policies and Procedures Data Security Safetya and Security Evaluations Personnel Files - annual drivere evaluations Hazardous Material Safety Data Sheets (and their physical location) Other Plans Included with possible impact of SSP Local or regional emergency management plan Continuity of Operations Plan (COOP) County Asset Management Plan Other agency evacuation planst thati included transit Accountable Executive/Senior Management Has final authority over how the Safety Program is developed and implemented Controls financial resources required for system'soperation in collaboration with the Lee County Collaborates with thel Lee County Human Resources Director to conduct the: system's operation Retains ultimate responsibility for the safety performance of the system's operation Finance Director Communication of Plani to Staff The County ofL Lee' Transit System staff review ac copy of the SSP during theiri initial newl hire training program and updates to the plan are conveyed through the' Transportation Coordinator viat the following: memorandums to each staff notices posted on bulletin! boardi in staff room notices attached to each paycheck envelope safety meetings trainings on Safety and Security Plan (SSP) SSP page updates requiring employee signature other Any changes to the plan are discussed with employees to ensure they fully understand the change,policies or procedures effected andi impacts tot their daily responsibilities. A copyi is given tos stafft that includes items such as the updates to thel Drug: and Alcohol Policy. SAFETYPOLICISTATEMENT Thel Management Team oft the County ofLee Transit System recognizes thata an effective! Safety Management: System (SMS) is vital to the: success and longevity of the transit system. Therefore the Executive Management: is committed to implementing: and maintaining: a fully functional SMS and to the continuous! improvement oft thel level of safety throughoutthe County ofl Lee' Transit System. The County ofl Lee' Transit System Management Team will establish: specifics safety-related objectives and willj periodically publish and distribute to all employees those objectives andj plans. These safety objectives will be monitored, measured, and tracked to ensure overall corporate safety objectives are met. All employees andi individuals in the company have the responsibility toj perform The County ofLee' Transit System Management Team is committed to providing the necessary financial, personnel, and other resources to establish and maintain ai fully functional SMS. The County ofl Lee' Transit System Management Team is dedicated to establishing: a confidential employee reporting system to report all hazards, accidents, incidents, and safety issues without fear Activities involvingi intentional disregard for FTA and NCDOT regulations, organization policies and procedures, illegal activities, and/or drugs or alcohol: may be subject to disciplinary: action. Asac component of the SMS, the County ofl Lee Transit System Management Team is committed to establishing maintaining, and periodically exercising an emergency response procedure. and plan Thel Management Team will convey this expectation to all employees through postings, safety meetings, organization newsletter, and any other means to ensure: alle employees are aware of the organizations SMS, Thel Lee County Board of Commissioners' will periodically review this safety policy and the Management Team their duties and activities in the safest practical manner. ofreprisal. that provides for the safe transition from normal to emergency operations. their duties and responsibilities; and our safety policy. will ensure: it remains relevant and appropriate to the organization. Signature Chair- Lee County Board of Commissioners Date 114/1A14 Policy Statement The management ofs safety is one ofour core business functions. The County ofl Lee' Transit System is committed to developing, implementing maintaining, and constantlyi improving processest to ensure that all our transit service delivery activities take place underab balanced allocation of organizational resources, aimed: at achieving thel highest level ofsafety performance: and meeting established. standards. Alll levels of management: and alle employees are accountable fort the delivery of this highest level of safety performance, starting with the Chair of thel Lee County Board of Commissioners, Lee County Manager and Director of Lee County Senior Services. The County of Lee' Transit System is committing to safety standards through: Support thei management ofs safety through the provision ofa appropriate resources, that will resulti in an organizational culture thati fosters safe practices, encourages effective employee safety reporting and communication, and actively manages safety with the same attention to results as the attention to the results of the other management: systems oft the organization; Integrate the management of safety among thej primary responsibilities ofall managers and Clearly define for all staff, managers. and employees alike, their accountabilities: and responsibilities. fort the delivery of the organization's: safety performance. and the Establish and operate hazard identification: and analysis, and safety risk evaluation activities, including an employee: safety reportingi program as a fundamental source for safety concerns andl hazard identification, in order to eliminate or mitigate the safety risks of the consequences ofl hazards resulting from our operations or activities to aj point whichi is Ensure that no action willl be taken against any employee who discloses a safety concern through the employee safety reporting program, unless disclosure indicates, beyond any reasonable doubt, ani illegal act, gross negligence, ora deliberate or willful disregard of Comply with, and wherever possible exceed, legislative and regulatory requirements and Ensure thats sufficient skilled and trained human resources: are available to implement. safety Ensure thata all: staffare provided with adequate and appropriate safety-related information and training, are competent: in safety management matters, and are allocated only tasks Establish and measure our safety performance against realistica and data-driven: safety performance indicators and safety performance targets; Continuallyi improve our safety performance through management processes thate ensure that appropriate. safety management: action is taken andi ise effective; and Ensure externallys supplied: systems and services to: support our operations are delivered employees; performance of our safety management system; consistent with our acceptable level of safety performance; regulations or procedures; standards; management processes; commensurate with theirs skills; standards. Signature- Chalrlee Cbunt BoarbofCommisioners Kppte 314/104 Date County of Lee Transit System. Americans with Disabilities - ADAI Plan Review and Adoption On behalf oft the Lee County Board of Commissioners, I hereby acknowledge receipt of the County of Lee Transit System Americans with Disabilities ADA Plan. We, the Lee County Board of Commissioners, have reviewed and hereby adopt this Plan. We are committed to ensuring that all decisions are made in accordance with the nondiscrimination: guidelines of this Plan, tot the endt that no personi ise excludedi from participationi in, deniedi the benefits of, or otherwise subjected to discrimination under any County of Lee Transit System (COLTS) services and activities on the basis ofr race, color, national origin, sex, age, creed (religion), or disability, as protected byt the Americans with Disabilities Act and the nondiscrimination provisions of the Federal Transit Administration. /HH AC) Signature of Authorizing Official Kirk D. Smith, Chair tue 3/411014 DATE' Americans with Disabilities Act of 1990 (ADA) Policy and Procedures Date: March 4, 2024 Purpose: This policy is written to establish operating and service guidelines and procedures for the implementation of the requirements of the American with Disabilities Act of1990 (ADA), the U.S. Department of Transportation regulations for implementing ADA (49C CFR Parts 27,37a and 38), and applicable North Carolina laws and regulations. All services operated by the County ofLee Transit System are operated on a non-fixed route basis and the system Policy: Itis the policy of the County of Lee Transit System to comply with all the legal requirements of] Federal and State laws and regulations as they pertain to individuals with disabilities. The transit system provides quality transportation services without discrimination to all persons including individuals with disabilities. Discrimination on the basis of disability against any person by transit system employees will not be condoned or complies with ADA requirements with respect to such services. tolerated. Goals: Service is provided in a manner that meets these goals to: 1. providei individual, dignified services to all persons including individuals with disabilities. 2. expedite the safe and efficient boarding, securing, transporting and alighting of all 3. accommodate the wide range of mobility aids within the confines of available vehicles and Applicability: This policy applies to all transit system employees, services, facilities and vehicles. Itapplies equally to all persons needing and/or using the services provided by the passengers, regardless of mobility status. commercial standard equipment. system. Definitions: Wheelchair: A mobility aid belonging to any class of three or four-wheeled devices, usable indoors, designed or modified for and used by individuals with mobility impairments, whether operated manually or powered. Transportation providers are required to carry a simple wheelchair and its user, as long as the lift can accommodate the size and weight of the wheelchair and its user, and there is space for the wheelchair on the vehicle. Disability: A physical or mental impairment thats substantially limits one or more: major life Mobility Aid/Non Wheelchair Mobility Device: A device used by a person with ai mobility impairment to assist with mobility but does not meet the requirements of a wheelchair as activities. 1 defined by ADA. These include but are not limited to canes, crutches, walkers and "segways" Securement Equipment: Equipment used for securing wheelchairs against uncontrolled when used by aj person with a mobility related disability. movement during transport. Securement Station: Space specifically designed to secure and stabilize wheelchairs on transit Service Animal: An animal that isi individually trained to perform a task or tasks for people with Recruitment and Employment: As stated in the transit systems personnel policies, the agency isa an Equal Opportunity Employer and fully complies with ADA in its recruitment, hiring and Facility and Vehicle Accessibility: The transit system administrative facility, passenger facilities and vehicles shall meet or exceed the requirements of 49 CFR Parts 27,37 and 38 and the State of North Carolina. Vehicles purchased. for non-fixed-route service will only be non- accessible to the extent that the system, when viewed in: its entirety, provides the same level of service to disabled Vehicle and Route Assignment: To the extent possible, the assignment of particular types of vehicles will be based upon rider needs. However, in the interest of preparedness, standard operating procedures shall be to station accessible vehicles first on: runs that operate on a daily basis and have the potential for accessibility needs on a given day, second on runs thathavea history of higher accessibility needs and third on all other runs. The transit system will make all reasonable efforts to make an accessible vehicle available whenever requests are made. Trip denials will be tracked by disability to monitor whether trips are disproportionately denied to individuals with disabilities because an accessible vehicle: is not available. Should this be found tol be the case, inaccessible vehicles will be replaced with accessible vehicles until the system, Boarding: Drivers will provide adequate time for a passenger with a disability to board and/or disembark the vehicle, which includes adjusting the schedule if necessary to accommodate slower passengers and waiting for passengers to be seated before moving the vehicle. Itis the responsibility of the driver to determine the safest location for passenger boarding based on conditions and individual needs upon arrival at the pick-up site. The passenger and/or their guest, escort or attendant will maneuver the passenger and mobility aid to the vehicle. Only a properly trained transit system employee can operate the lift, secure the wheelchair on the lift Priority Seating: With the exception of the wheelchair securement stations, the transit system does notrequire any passenger to siti in designated seating. However, this does nots supersede the transit system's right to require any passenger who has caused a disruption in the safe travel vehicles. disabilities. continued employment practices. persons as non-disabled persons. when viewed in its entirety, is accessible. and in the securement station. 2 of other passengers and/or driver to be required to sit in a specific area of the vehicle as a Appropriate seating for people with disabilities is available in each vehicle. In cases where a person with a disability requests use of specific seating that is currently occupied by another passenger, the driver will ask that passenger to allow the person with a disability to use oft the Driver Assistance: Drivers will make themselves available for assistance to persons with disabilities and will assist upon request of the passenger. Drivers will leave their seat to assist a Securement: Securement of the wheelchair class of mobility devices is the responsibility of the driver and drivers will be trained in the proper operation of all securement equipment based on manufacturer specifications. Non-wheelchair aids are the responsibility of the individual passenger; however,itmustbe: secured inai manner thatdoesnotinteriere with the safe operation of the vehicles and the transport of other passengers. Drivers should not allow a passenger to ride if they are not secured properly unless the securement system will not accommodate the wheelchair. If the tie-down system is not compatible for the wheelchair the passenger is using, the driver will still make an attempt to safely secure the wheelchair. If the wheelchair cannot be secured because of the wheelchair design, the passenger will need to procure a compatible wheelchair to ride the vehicle. Drivers must contact dispatch to deny a passenger. ai ride based on the inability to secure the type of wheelchair. Passengers who refuse to allow their wheelchairs to be secured may be denied service. Drivers must secure wheelchairs in the designated securement area only, even if the passenger wants their mobility device to be secured in a non- Seatl belts and shoulder harnesses are required for all passengers. Asecond waist belti is Transfer to Fixed Seating: All passengers using seated mobility devices have an option of transferring to fixed seating once on board the vehicles. Drivers may recommend, but never Service Animals: In compliance with 49 CFR Part37, the transit system allows trained service animals to accompany passengers with disabilities. The driver will not ask for proof of the qualifications of the animal, but may ask what tasks the animal has been trained toj perform. However, any animal which is not under the passenger's control or which becomes a threat to Alighting: It is the responsibility of the driver to determine that the location for passenger alighting iss safe. However, the driver will allow aj passenger who uses thel lift to disembarkatany location, unless the lift cannot be deployed, thel lift will be damaged if deployed; or conditions at the stop would present unsafe conditions for all passengers. The driver will only unsecure the wheelchair and operate the lift to: return the passenger to the ground level. Onlya condition of transportation. seat. passenger with using the vehicle: ramp, lift and/or securement systems. designated area. recommended for wheelchair passengers. require, users of seated mobility devices to transfer to fixed seating. other passengers may be restricted from riding. 3 properly trained transit system employee can operate the lift, secure the wheelchair on thel lift Use of Accessibility Devices by Persons Not Using a Wheelchair: Aj person whoi is not using a wheelchair or other seated mobility aid may use the lift tol board or alight the vehicle upon Maintenance of Accessible Features: Accessibility features on vehicles, including lifts and wheelchair securement devices, will be maintained in operative condition. This includes providing preventive maintenance on lifts as recommended by the equipment manufacturers, cycling the lift as part of each pre-trip inspection*, taking vehicles with inoperative lifts out of service, and repairinginoperative. equipment promptly. Drivers are required toi reportliftfailures as soon as possible. (*Note: lift cycling as part of the pre-trip inspection is not required by ADA but is recommended as a way to comply with the federal ADA requirement that transit system conduct regular Accommodation of Portable Oxygen: Individuals are allowed to travel with respirators and portable oxygens supplies on board, consistent with applicable U.S. eparmentoflampetatiom StaffTraining: All driversa and transitsystem staff are trained to proficiency in use ofa accessibility equipment, the operating policies related to each of the service requirements described, and in properly assist and treatindividuals with disabilities with sensitivity. Mechanics are also trained Rider Information: All printed informational materials are: made available in accessible formats upon request, for example, large print for persons with low vision or audio for blind persons, as Complaint Procedure: Allcomplaints ofd discrimination: on thel basis of disability willl be promptly and objectively investigated and forwarded to the County of Lee Transit System Transportation Coordinator. Corrective or disciplinary action will be taken for behavior prohibited by this policy, up to and including termination of employment. (Note: may want to attach complaint form) Modification of Policy: If a passenger requires modification of any of these policies to accommodate their disability, they may request such a modification by contacting Melanie Rodgers - Director. The transit system will work with the individual to find an accommodation and in the securement station. request. and frequent lift checks, sufficient to determine iflifis are actually operative). rules on the transportation of hazardous materials. top properly maintain lifts and other accessibility equipment. well as accessible electronic formats. solution. 4 County of Lee Transit System Reasonable Modification Policy 1. Purpose The purpose oft the reasonable modification policy is to ensure thati the County ofl Lee Transit System offers equal and effective opportunities and access to publict transportation. services for persons with disabilities andi full compliance with the provisions oft the Title Il oft the Americans with Disabilities Act of 1990 and Section 504 of the Rehabilitation Act of 1973. 2. Policy The County of Lee Transit System is committed to providing equal access and opportunityto qualified individuals with disabilities in all programs, services, and activities. The County ofl Lee Transit System recognizes thati in order to have equally effective opportunities and benefits, individuals with disabilities may need reasonable modifications to policies and procedures. The County of Lee Transit System will adhere to all applicable federal and state laws, regulations, and guidelines with respect to providing reasonable modifications, as necessary, to afford equal access to programs for persons with disabilities. The County of Lee Transit System does not discriminate on the basis of disability in admission to, participation in, or receipt of services and benefits under: any transit program or activity. The County ofl Lee Transit System willi take appropriate steps to ensure No qualified individual witha a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of The County of Lee Transit System, or bes subject to discrimination by" The County of Lee Transit System. that persons with disabilities have an equal opportunity to participate. 3. Reasonable Modifications Areasonable modification is a change or exception to a policy, practice, or procedure that allows disabled individuals to have equal access to programs, services, and activities. The County of Lee Transit System will make reasonable modifications to policies, practices, and procedures when necessary to ensure access to transit services for qualified individuals with disabilities, unless: Making the modification would fundamentally alter the nature of the public transportation Making the modification would create a direct threat toi the health or safety of other Thei individual with a disability is able toi fully use the County of Lee Transit System'sservice For the purposes of this section, thei term reasonable accommodation shall be interpreted ina manner consistent with the term 'reasonable modifications'as: set forthi ini the Americans with Disabilities Act Titlel IIr regulations at 28 CFR 35.130(b)(7), and not asi it is defined or interpreted for service. passengers. without modification being made. the purposes of employment discrimination under Title lof the ADA (42 U.S.C. 12111-12112) andi its implementing regulations at 29 CFR part 1630. 4. Eligibility Criteria An individual is eligible to be considered to receive a reasonable modification ift that individual has: a physical or mental impairment that substantially limits one or more oft the major life activities of such individual; a record of such impairment; or been regarded as having such impairment. 5. Requests for Reasonable Modifications The County of Lee Transit System shall make information about how to contact the County of Lee Transit System to make requests for reasonable modifications readily available to the public through its website and rider policyguidelines. The County of Lee Transit System shall follow these Individuals requesting modifications shall describe what they need in order to use the Individuals requesting modifications are not required to use thet term "reasonable modification" when making a request. Personnel at the County of Lee Transit System will determine ift the request represents a reasonable modification and proceed in Whenever feasible, the County ofl Lee Transit System requests that individuals make such requests for modifications before the County ofl Lee Transit System is expected to provide Where a request for modification cannot practicably be made and determined in advance (e.g., because ofa a condition or barrier at the destination of a paratransit, demand response, orf fixed route trip of which thei individual with a disability was unaware until arriving), operating personnel shall make a determination of whether the modification should be provided at the time oft the request. Operating personnel may consult with the County of Lee Transit System's management before making a determination to grant or deny the Requests for modification may be made either orally or in writing. The reasonable modification The request can be submitted in any written format. Alternative means of filing a request, such as personal interviews, phone calls, or taped requests, willl be made available for persons with disabilities if unablet to communicate their request in writing or upon request. procedures in taking requests: service. accommodating the request accordingly. the modified: service. request. process begins as soon as the request for modification is made. 6. Interactive Process When: a request for modification is made, the County of Lee Transit System and the individual requesting a modification must engage in a good faith interactive process to determine what, ifany, modification shall be provided. Thei individual and the County of Lee Transit System must 2 communicate with each other about the request, the process for determining whether a modification will be provided, and the potential modifications. Communication is a priority 7. Time Frame for Processing Requests and Providing Reasonable Modification throughout the entire process. The County of Lee Transit System will process requests for reasonable modification and then provide accommodation, where appropriate, in as short at timet frame as reasonably possible. The County of Lee Transit System recognizes, however, that thet time necessary to process a request will depend on the nature oft the modification(s) requested and whether it is necessary to obtain supporting information. 8. Granting al Reasonable Modification Request As soon as the County ofl Lee Transit System determines that a reasonable modification will be provided, that decision shall be immediately communicated to the individual. This notice must bei in writing in order to maintain the required information for reporting purposes. Upon request, Inc choosing among alternatives for meeting nondiscrimination and accessibility requirements with respect to new, altered, or existing facilities, or designated or specified transportation: services, the County of Lee Transit System shall give priority to those methods that offer services, programs, and activities to qualified individuals with disabilities int the most integrated setting appropriate to alternative means of response will be provided. the needs of individuals with disabilities. 9. Denying al Reasonable Modification Request As soon as the County of Lee Transit System determines that a request for reasonable modification will be denied, the County of Lee Transit System will communicate the basis for the decision in writing to the individual requesting the modification. The explanation for the denial will clearly state: a. The specific reasons for the denial; requested by thei individual; and decision on the request. b. Any alternative accommodation that may create the same access tot transit services as The opportunity tot file a complaint relative tot the County of Lee Transit System's 10. Complaint Process The County ofl Lee Transit System has a process fori investigating and tracking complaints from qualified individuals. These procedures shall be posted on the County of Lee Transit System's website and will be provided to any individual where the County of Lee Transit System has denieda request fori modification. The process and any forms necessary to file a complaint are readily available from the website. Alternative means off filing complaints, such as personali interviews, phone calls, ortaped requests, willl be made available for persons with disabilities who may! be unable to communicate their request in writing or upon request. 3 Any person who believes she or hel has been discriminated against in obtaining a reasonable modification mayi file a complaint by completing and submitting the County ofL Lee Transit System's Reasonable Modification Complaint Form. The County ofl Lee Transit System investigates complaints received no more than 30 days after receipt. The County of Lee Transit System will process complaints that are complete. Once the complaint is received, the complainant will receive an acknowledgement ofr receipt. Ifr more information is needed to resolve the complaint, the County of Lee Transit System may contact the complainant. The complainant has 30 business days from the date oft the letter to send the requested information to the County of Lee Transit System. Ift the County of Lee Transit System is not contacted by the complainant or does not receive the additional information within 30 business days, the County of Lee Transit System may administratively close the complaint. In addition, a complaint may be administratively closed ift the After the County ofl Lee Transit System investigates the complaint, a decision willl be rendered and given in writing toi the complainant. The County of Lee Transit System willi issue eithera Letter complainant no longer wishes to pursue their case. of Closure or Letter of Finding. a. Letter of Finding - This letter will: summarize the complaint, any interviews conducted regarding the complaint, and explain what actions willl bei taken by the County oft Lee b. Letter of Closure = This letter will explain why the County of Lee Transit System has determined that the complaint does not merit accommodation under the Americans Transit System to address the complaint. with Disabilities Act and that the complaint will be closed. 11. Appeals Ifthe Complainant disagrees with the decision oft the County of! Lee Transit System, the Complainant may appeal by giving written notice tot the County Manager within twenty one (21) days afteri issuance oft the Letter of Closure or Letter of Finding. Ifappealed, the County Manager shall conduct al hearing within seven (7) calendar days and may take additional time to investigate. The Complainant will havet the opportunity to speak directly to the Manager and Transportation Coordinator. Afterthe hearing, the County Manager shall render a decision no more than seven (7) calendar days following the hearing and a written decision willl be given to the Complainant. 12. Designated Employee The County of Lee Transit System shall designate one official within the organization responsible for processing reasonable modification requests and handling complaints. This individual is: The County of Lee Transit System Tonya Surratt, Transportation Coordinator 1615SThird: Street Sanford NC: 27330 919-776-7201 4 surattelerountyncgey 13. Record Retention The County oft Lee Transit System will maintain all records related to reasonable modification requests and denials for at least three (3) years. 5 AGENCY NAME: COUNTY OF LEE' TRANSIT SYSTEM EFFECTIVE DATE: MARCH 4, 2024 APPROVED BY: LEE COUNTY BOARD OF COMMISSIONERSAPPROVAL DATE: MARCH 4,2024 SUBJECT: No-SHOW AND TRIP CANCELLATION POLICY-H PUBLIC ACCESS PASSENGERS This policy is intended to address the actions by habitual abusers of service scheduling, and provide clear protocols for addressing passengers who fail to show for their scheduled trip without properly canceling the trip. This policy is intended to address those repeat offenders, and not the occasional incident PURPOSE that may occur with some passengers. DEFINITIONS No-show - Any passenger who is unavailable for pick-up ofa scheduled trip that hasn'tnotified the County ofLee Transit System to cancel thatt trip. Trips in which passengers will not be picked up due to circumstances related to service will not be considered a no-show. No-SHOW PROCEDURE The transit operator will wait for passengers for 5 minutes beyond the early arrival pick-up time window. The transit operator will make reasonable attempts to locate the passenger. Ifthe passenger cannot be located within the established 5 minutes, the transit operator must contact the Dispatcher with the no-show. Passengers who do not: make themselves available within that window will be considered a no-show. The Dispatcher has the responsibility to determine ift the transit operator is to continue without the Upon permission to continue without the passenger, the transit operator is to record the arrival time, departure time and vehicle mileage on the Daily passenger. Manifest. Scheduled trips are to be cancelled within 24 business hours of the time ofthe trip request. Any scheduled trip not cancelled within that window will be considered a no-show and will be logged as such. A no-show designation fora trip will be monitored to determine the habitual nature ofno-shows associated with a passenger. Exceptions may be made for passengers who are unduly delayed due to medical appointments or procedures and other circumstances beyond their control. The passenger will be required to contact the County of Lee Transit System as soon as practicable following the missed trip and a new driver will be dispatched as soon as possibleifappicable. HABITUAL No-SHOW PROCEDURE Passengers who have no-shows equal to or greater than one (1)ofthe scheduled trips in a 30-day period will be provided a verbal warning and charged the fee for the ride. The verbal warning will identify the dates and times ofno-shows or late cancellations and include a notice that additional no-shows or late cancellations in the next 30 days may resultin transportation privileges being suspended for up to 30 days. All penalties imposed under this policy are first subject to the appeals process Before any suspension, the potentially affected individual will receive verbal notice that transportation service will be suspended immediately from the date ofnotice. The verbal notice of suspension will contain dates and times of No-Show trips to challenge or appeal the suspension decision. Any fares owed due to no-show trip result(s) must be paid prior to resuming transport. The County ofL Lee Transit System will continue to serve passengers appealing pending suspensions until all appeals have been settled. For passengers who do not choose to appeal, suspensions will commence on the date specified in Subseription/Standing Order reservations may be denied upon a second suspension in any consecutive 12-month period. Privileges may be reinstated without guarantee oft the original subscripton/standing order. listed below. the verbal notice. TRIPCANCELLATION As scheduled trip must be cancelled at least 24 business hour(s) prior to the scheduled pick-up time. Cancellations made less than 24 business hour(s) prior to the scheduled pick-up time will be considered a no-show and charged the trip fare. Late cancellations within a thirty (30) day period may resultin suspension of riding privileges for up to thirty (30) days. A copy oft the appeal process will be provided with any notice to the passenger suspendingservice in accordance with this no-show and cancellation policy. AGENCY NAME: COUNTY OF LEE' TRANSIT SYSTEM EFFECTIVE DATE: MARCH 4,2024 APPROVED By: LEE COUNTY BOARD OF COMMISONERSAPROVAL DATE: MARCH 4, 2024 SUBJECT: APPEAL SUSPENSION OF SERVICE PURPOSE The purpose ofthis policy is to provide procedures for handling the suspension of service and the appeals process for those passengers who have had their use of the service with The County ofL Lee Transit System suspended. The purpose ofthe suspension may include violations of passenger behavior rules, violation oft the no-show policy, or fori inappropriate or disruptive behavior. Regardless of the reason for suspension each and every passenger has a right to appeal the decision through this appeals process. PROCEDURE Appeals must be submitted in writing to the Transportation Coordinator within 14 days ofnotification ofs suspension. All passengers will be permitted to continue using service during the appeals schedulers/Aispatchers that the suspension is pending an appeal and to allow The Transportation Advisory Board comprised of passengers, members oft the community, local officials, and transit personnel will review all applicable information from the County ofLee Transit System and the involved passenger. All passengers will be offered the opportunity to speak directly with the Transportation Advisory Board and/or the Transportation Coordinator Manager regarding the submitted appeal and/or circumstances After a thorough review of all available information and testimony, the Transportation Advisory Board will have 72 hours in which to issue: a recommendation to sustain or reverse the suspension. The Board recommendation will be forwarded to the Transportation Coordinator for process. The Transportation Coordinator will inform all service to continue for the affected passenger. thatl led to the suspension and subsequent appeal. final review and implementation. The Transportation Coordinator will have three (3) calendar days to issuea final suspension decision in writing to the passenger involved. All final decisions will be implemented within seven calendar (7) days of passenger notification. The passenger may appeal this decision to the County Manager by giving written notice to the County Manager within five (5) calendar days oft the issuance of the final decision notice. Ifappealed, the County Manager shall conduct a hearing within seven (7) calendar days and may take additional time toinvestigate. After the hearing, the County Manager shall rendera decision no more than seven (7) calendar days following the hearing and a written decision will be given to the passenger. No further appeal rights are All communications will be made available in alternate format upon request. Acknowledgment of receipt of this policy is required of all applicable staff, and itr requires staff to sign the policy and procedure manual receipt form. available. POICACNOMIEDGMENT The County of Lee Transit System ADA Reasonable Modification Request Form Requests forr modifications to the policies, practices, or procedures of [Insert name oft transit provider) in order to accommodate ani individual with a disability may be made either in advance or at thet time of the transportation. service. Whenevert feasible, requests for reasonable modifications shall be made and determined in advance. A reasonable modification related to the service is a change or exception to a policy, practice, or procedure that allows people with disabilities to have equal laccess to transportation. Please provide details about your modification request and how it relates to your Reasonable modification requests can be made by using this form, contacting us by phone, an online request, or in person. To request a modification by phone, please call thei following number: disability. 919-776-7201 Modification Requested By:. Address: Email Address: Modification for (Name). modification is necessary: Date:. Phone: Date of Trip: Describe the modification request for ADA demand response transportation including why the Signature of ADAI Passenger or Guardian Date Please send this form via US Mail, or email usingt the contact information below. You may attach any written materials or otheri information that you think is relevant to your request to this form. Once completed, please mail or email this form to: County of Lee Transit System 1615SThird: Street Sanford NC27330 turatleerountynegow ATTN: Reasonable Modification Officer- COLTS Transportation Coordinator Tonya Surratt Requests for reasonable modifications may be denied ont thet followingg grounds: 1.ltisaf fundamental alteration to the nature of the program, service, or activity, 2.Itisa direct threat tot the health or safety of others, 3.Itisnot a requirement byt the requester to use the: service, or 4. The modification creates an undue financial/adminstative burden. The County ofl Lee Transit System will strive to acknowledge and approve or deny requests withini three (3) business days of receipt. All riders who are denied a request have the abilityt to appeal. Fora a copy of our Compliant Form, Appeal Process, and the complete Reasonable Modification Policy, please visit Alli information is kept confidential. All materials are available in accessible format and in languages itps/leecountyncgov/communty/cols.publc.transportation/ndexpnp other than English upon request. Reasonable Modification Program Complaint Form Section I: Name: Address: Telephone (Home): Electronic Mail Address: Accessible Format Requirements? Section II: Telephone (Work): Large Print TDD Audio Tape Other Yes* No Are you filing this complaint on your own behalf? *ify you answered "yes" to this question, go to Section III. Ifnot, please supply the name and relationship oft the person for Please explain why you have filed fora a third party: whom you: are complaining: Please confirm that you have obtained the permission oft the aggrieved party Yes No ifyou are filing on behalfofat third party. Section II: Date that Reasonable Modification was Denied (Month, Day, Year):. Explain as clearly as possible what happened and why: you believe you should have received the modification request. Describe all persons who were involved. Include the name and contactinformation oft the person(s) (ifknown) as well as names and contacti information ofany witnesses. Ifmore space is needed, please use the back of this form. You may also attach other items that you think are relevant. Section IV Yes No Have you previously filed a complaint with this agency? Signature and date required. Please submit the form in person or via mail/e-mail. Signature Date County ofLee' Transit System Attn.: Tonya Surratt, Transportation Coordinator uratteleerounyncgor Discrimination American with Disabilities Act (ADA) Complaint Form Section :: Name: Address: Telephone (Home): Electronic Mail Address: Accessible Format Requirements? Telephone (Work): OL Large Print OTDD D Audio Tape D Other Section 1: Are you filing this complaint on your own behalf? *If) you answered "yes" to this question, go to: Section III. Ifn not, please supply the name and relationship of the person for whom you are complaining. Please explain why you have filed for a third party: Please confirm that you have obtained the permission oft the aggrieved partyi if you are filing on behalf ofa at third party. Yes* ONo D Yes ONo Section I: Ifyou believe you were discriminated against based on a disability, please provide as much detail concerning the alleged discrimination. Date of Alleged Discrimination (Month, Day, Year): Explain as clearly as possible what happened and why you believe you were discriminated against. Describe all persons who were involved. Include the name and contact information of the person(s) who discriminated against you (if known) as well as names and contact information of any witnesses. Any details related to time of day, transit route/line, vehicle ID or Name. If more space is needed, please use the back of this form. Section VI: agency? Have you previously filed a Discrimination Complaint with this OYes ONo Ifyes, please provide any reference information regarding your previous complaint. Section V: or State court? D Yes Ify yes, check all that apply: DF Federal Agency: DF Federal Court: OState Court: was filed. Name: Title: Agency: Address: Telephone: Section Vi: Title: Location: Have you filed this complaint with any other Federal, State, or local agency, or with any Federal a No S State Agency: OLocal Agency: Please provide information about a contact person at the agency/court where the complaint Name of agency complaint is against: Name of person complaint is against: Telephone Number (ifavailable): Your signature and date are required below: You may attach any written materials or other information that you think is relevant to your complaint. Signature Date Please submit this form in person at the address below, or mail this form to: County of Lee Transit Agency Melanie Rodgers Director 1615SThird: Street Sanford NC 27330 919-776-0501 modgenoltunyncso. A copy of this form can be found online at htps/lecountync.gv/communly/cols.public.ransportation/Indexphp If you need assistance completing this form contact Melanie Rodgers 919-776-0501 mo@geneleounyncgor ADA Complaint Process Inc compliance with the U.S. Department of Transportation Americans with Disabilities Act (ADA) of 1990 (49 CFR Parts 27,37, 38 and 39), and Section 504 of the Rehabilitation Act of 1973, as amended, the County of Lee Transit System ensures its services, vehicles, and facilities are accessible to and usable byi individuals with disabilities. Anyone who believes he or she has been Complaints may be submitted by filing a Customer Service Report/ADA Complaint Form online, htps/lecountync.gw/communly/cols.pubitc-ranspontation/Index.php or by calling! 919-776-0501 1001252962-TVIDD 1807358262-TVArine. complainant is unable to write a complaint, a representative mayf file on his or her behalf, or the County of Lee Transit System staff will provide assistance. Complaints must bet filed within 180 calendar days of 1. Melanie Rodgers, Director will contact the complainant within 10business days ofreceipt of complaint. Any requested information must be received by the County of Lee Transit 2. The County of Lee Transit System will begin the investigation within 15 business days of receipt of complaint if the alleged discrimination is found to be a violation of ADA 3. An investigation into the complaint will be conducted and documented to determine whether the County of Lee Transit System failed to comply with ADAI regulations. 4. The County ofl Lee Transit System will complete thei investigation within 60 calendar days ofr receipt of complaint. Ifadditional timei is needed for the investigation, the complainant 5. The County of Lee Transit System will promptly communicate its response to the complainant, including its reasons fort the response. The complainant will have 5b business days from receipt of the County of Lee Transit System response to file an appeal. If no appeal is filed, the complaint willl be closed. The County ofl Lee Transit System process and investigate all complaints that meet the requirements of ADA discrimination. If the complainant fails to provide required information within the required timeframe, the discriminated against on the basis of disability may file an ADA complaint. by downloading an ADA Complaint Form at the alleged incident. System within 5 days ofr request*. regulations. will be notified. complaint may be closed. County of Lee Transit System Combined Civil Rights Complaint Form Section! :: Name: Address: Telephone (Home): Electronic Mail Address: Accessible Format Requirements? Section I: Telephone (Work): Large Print TDD Audio Tape Other Yes* Are yout filing this complaint on your own behalf? *If you answered "yes" tot this question, go to Section III. Ifnot, please supply ther name andr relationship oft the person for whom Please explain why youl havei filedf for at third party: party ify youa are filing on behalf ofat third party. No you are complaining: Please confirm that you have obtained the permission oft the aggrieved Yes No Section I: Title VI: [IF Race ADA:II Disability Ibelieve the discrimination! lexperienced was based on (check all that apply): [JColor [National Origin Date of Alleged Discrimination (Month, Day, Year):. Explain as clearly as possible what happened and why you! believe you were discriminated: against. Describe. all persons who werei involved. Includet the name and contact information oft thep person(s) who discriminated against you (if known): as well as names and contact information of any witnesses. If mores spacei is needed, please use the back of thisf form. Section IV Have you previously filed al Title' VI or ADA complaint with this agency? Yes No Section V DJY Yes Have yout filed this complaint with any other Federal, State, or local agency, or with any! Federal or State court? [JNo Ify yes, check all that apply: UJF Federal Agency:. [JFederal Court [IS State Court Name: Title: Agency: Address: Telephone: Section VI Name of agency complainti is against: Contact person: Title: Telephone number: [JState Agency. [ILocal Agency. Please provide information about a contact person att the agency/court where the complaint was filed. You may attach any written materials or otheri information that you thinki is relevant to your complaint. Signature and date required below Signature Date Please submit this form in person at the address below, or mail this form to: County ofl Lee Transit System Melanie Rodgers - Director 1615SThird: Street Sanford NC: 27330 Discrimination ADA/Title VI Complaint Form Section : Name: Address: Telephone (Home): Electronic Mail Address: Accessible Format Requirements? Telephone (Work): OL Large Print OTDD DA Audio Tape DOther Section 1: Are you filing this complaint on your own behalf? *f you answered "yes" to this question, go to. Section I. Ifr not, please supply the name and relationship of the person for whom you are complaining. Please explain why you have filed for a third party: party if you are filing on behalf of a third party. Yes* ONo Please confirm that you have obtained the permission ofthe aggrieved Dy Yes ON No Section, I: D Race Ibelieve the discrimination lexperienced was based on (check all that apply): DC Color National Origin Date of Alleged Discrimination (Month, Day, Year): Explain as clearly as possible what happened and why you believe you were discriminated against. Describe all persons who were involved. Include the name and contact information oft the person(s) who discriminated against you (if known) as well as names and contact information of any witnesses. If more: space is needed, please use the back of this form. Section Vi: Have you previously filed a Discrimination Complaint with this agency? Ifyes, please provide any reference information regarding your previous complaint. DY Yes No Section V: D Yes Have you filed this complaint with any other Federal, State, or local agency, or with any Federal or State court? D No Ifyes, check all that apply: DF Federal Agency: OF Federal Court: OState Court: Name: Title: Agency: Address: Telephone: Section V: Title: Location: OState Agency: Local Agency: Please provide information about a contact person ati the agency/court where the complaint was filed. Name of agency complaint is against: Name of person complaint is against: Telephone Number (if available): You may attach any written materials or other information that you think is relevant to your complaint. Your signature and date are required below: Signature Date Please submit this form in person at the address below, or mail this form to: County of Lee Transit System Melanie Rodgers - Director 1615 S Third Street Sanford NC 27330 copy 919-776-0501 rogereltecounyntgo" A of this form can be found online at: htp/leoumynegw/emy/elspulictramporatb/maapy MEMORANDUM OF UNDERSTANDING LECQWTAEANONINENT CUMBERLAND: COUNTYHEALTHDEPARIMENT BETWEEN AND THIS MEMORANDUM OF UNDERSTANDING (the "MOU") is made and entered into the 4th day of March, 2024 by and between Lee County Health Department and Cumberland County Health Department. Lee County Health Department and Cumberland County Health Department shall collectively be referred to as the "Parties"tol MOU. Whereas Cumberland County Health Department is the fiscal agent for Region 6, for funding received from the NC Division of Public Health to fill critical gaps in Public Health Infrastructure in order to respond to the COVID-19 pandemic and Lee County Health Department isi included inl Region 6. Now, therefore, in consideration of the foregoing and the mutual agreements contained herein, the Parties hereby agree to this Memorandum of Understanding and the following responsibilities: 1. Responsibilities of Cumberland County Health Department: Provide grant funding to the Lee County Health Department not to exceed, $72.533 to fund the purchase of equipment listed on Exhibit 1. Payment will be made upon receipt of an invoice and copies of receipts for items received by the Lee County Health Department. Provide any needed grant reporting as required by NC Division of Public Health. 2. Responsibilities ofLee County Health Department: Apply grant funds toward the purchase of equipment listed on Exhibit 1. Provide invoices to Cumberland County Health Department showing payment for approved equipment. 3. Miscellaneous: A) Amendments. No amendment of any provision oft this MOU will be valid unless B) Entire Agreement. This MOU constitutes the entire agreement between the Parties with respect tot the subject matter hereofand supersedes all prior agreements (Whether written or oral and whether express or implied) between the Parties to the C) Notices. Any notice pursuant to this MOU must be in writing and will be deemed effectively given to the other Party upon the actual receipt thereof via certified mail, D) Governing Law. This MOU will be governed by the laws oft the State ofNorth Carolina without giving effect to any choice or conflict ofl law principles of any the amendment is in writing and signed by both Parties hereto. extent related to such subject matter. return receipt requested. jurisdiction. E) Counterparts. This MOU may be executed in one or more counterparts, each of which will be deemed. an original but all ofwhich together will constitute one and the F)E-VERIFY: CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 ofthe General Statutes. Further, fCONTRACTOR utilizsasubocontractor, CONTRACTOR shall require the subcontractor to comply with the requirements of G)IRAN DIVESTMENT ACT CERTIFICATION: Contractor hereby certifies that Contractor, and all subcontractors, are not on the Iran Final Divestment List ("List")created by the North Carolina State Treasurer pursuant to N.C.G.S. 147- 86.55-69. Contractor: shall not utilize any subcontractor that isi identified ont the List. same agreement. Article 2 of Chapter 64 ofthe General Statutes. -2of3- The term of the Memorandum of Understanding shall be 1/1/2024 through 5/31/2024. IN WITNESS WHEREOF, the Parties hereto have executed and delivered this MOU as of the date first written above. LEE ÇOUNTY HEALTH DEPARTMENT Aml Omk Name: srkp-mith Title: Chair Boardf COMMIgINNM CUMBERLAND COUNTY HEALTH DEPARTMENT Name: Title: This instrument has been pre-audited in the manner Required by the local government budget and fiscal Caudac Buman Approved for legalsufficiency Alrp County Attorney's Office Control act. County Finance Director -3of3- MEMOT TO: FROM: SUBJECT: DATE: LEE COUNTYI BOARD OFC COMMISSIONERS LISAI MINTER, LEE COUNTY MANAGER BUDGET AMENDMENT:# 3/04/24/11 March 04, 2024 SECTIONI. THE FOLLOWING GENERALFUND/100) REVENUE INCREASES ARE! HEREBY APPROVED: CURRENT BUDGET 11,237 2,389,546 NEW CHANGE BUDGET 4,161 15,398 785,000 3,174,546 294,108 294,108 1,083,269 DEPARTMENT SENIOR SERVICES FUNDE BALANCE OTHER REVENUE ACCOUNT# 1100-3582-34640 SHIIP GRANT 1100-3990-39900 FUNDE BALANCE APPROPRIATED 1100-3930-38410 NONRECURRING: STATE GRANT DESCRIPTION TOTAL CHANGES SECTIONII. THE FOLLOWING GENERAL FUND( (1100) EXPENSE INCREASES ARE HEREBYAPPROVED: CURRENT BUDGET 16,739 57,369 503,428 418,838 NEW CHANGE BUDGET 2,161 18,900 2,000 59,369 785,000 785,000 104,108 607,536 10,000 10,000 50,000 468,838 30,000 30,000 100,000 100,000 1,083,269 CHANGE 255,892 255,892 CHANGE 255,892 255,892 DEPARTMENT SENIORS SERVICES SENIOR SERVICES SCHOOLSCAPITAL" OUTLAY HUMAN RESOURCES FINANCE COUNTYATTORNEY SOCIAL SERVICES ACCOUNT# 1100-5826-43530 ADVERTISING 1100-5826-44660 PROGRAMSUPPLES 1100-5912-48450 SPECIAL ALLOCATIONI PROJECTS 1100-4125-43100 PROFESSIONAL: SERVICES 1100-4130-41200 SALARIES ANDI WAGES 1100-4150-46411 CAPITAL OUTLAY$ $5000A ANDA ABOVE 1100-5313-47412 KINSHIP PLACEMENT DESCRIPTION HUMANS SERVICES-STATE GRANTS 1100-5817-48389 NONREÇURRING: STATE GRANTS TOTAL CHANGES DESCRIPTION TOTAL CHANGES DESCRIPTION TOTALCHANGES SECTIONI II. THE FOLLOWING UBRARY/LECFUND (4840) REVENUE INCREASES ARE HEREBY APPROVED: CURRENT BUDGET NEW BUDGET 255,892 DEPARTMENT OTHER REVENUE ACCOUNT# 4840-3930-38410 NONRECURRING: STATE GRANTS SECTIONIV. THEF FOLLOWING: UIBRARY/LEC FUND( (4840) EXPENSE INCREASES ARE HEREBY APPROVED: CURRENT BUDGET 875,000 NEW BUDGET 1,130,892 DEPARTMENT CALIBRARY/LEC ACCOUNT# 4840-8100-43100 PROFESSIONAL: SERVICES /H SMI BCOUN ARE sull BOARD HAILEYE sul HALL, CLERKT TGTHE CARO AMENDED MEMORANDUM OF AGREEMENT BETWEEN LEE COUNTY AND 0. TEMPLE SLOAN,JR. TO MODIFY THE USE OF A PORTION OF O.T. SLOAN PARK This Agreement is made and entered into this fay of Mardh, 2024, between LEE COUNTY, one of the counties oft the State ofNorth Carolina, and al body both politic and corporate (the' "County"), and O. Temple Sloan, Jr. WITNESSETH WHEREAS, on August 8, 2022, the County and Mr. 0. Temple Sloan Jr. entered into a Memorandum of Agreement modifying the use of a portion ofO.T. Sloan Park, and all terms of the MOA remain in full force and effect; and, WHEREAS, thel Memorandum of Agreement stated the Parties' desire to allow the WHEREAS, the County has conducted a survey, recorded in Plat Cabinet 2023, Slide 239 in the Lee County Registry, and has determined the necessary portion oft the property to house the library building and parking and other outdoor space is 10.96 acres which is designated County to use a portion oft the O.T. Sloan Park for a new library; and, as Lot 1 on plat; and, WHEREAS, both Parties agree to allow 10.96 acres as: shown on the survey to be used as NOW, THEREFORE, the parties hereto, each for valuable consideration as acknowledged by both parties, do hereby covenant and agree to the following: ap public library for the residents, citizens and visitors ofLee County. 1.0. Temple Sloan, Jr. hereby consents to removing the recreational restriction to the 10.96 acres of land shown as Lot 1 on a survey entitled "Lee County for Future Library," found at Plat Cabinet 2023, Slide 239: for aj public purpose with the intent of constructing and operating ap public library. In the event that a library is not constructed on the above described property the County shall be required to seek the consent of O. Temple Sloan Jr. for any use of the property other than for construction ofal library; in the event that 0. Temple Sloan. Jr. cannot provide such consent (whether because of death, incapacity or otherwise) the consent ofo. Temple Sloan, III will be required. 1 2. The recreational restriction shall remain in full force and effect on the remaining 3. The County shall execute and record ai modification to the above-mentioned Declaration for the property shown in Lot 1 designated for a public library. IN WITNESS WHEREOF, this parties do hereby agree to this Memorandum of property as previously established. Agreement. O.TEMPLES SLOAN,JR omr) O. Temple Sloan, Jr. Dat.A.20.2024 LEE COUNTY Km.ont Kirk D. Smith, Chairman Lee County Board of Çommissioners Date: 3413014 - WITNESS: ATTEST: Hailey Hall, Clerk g auwpbmlc Board COUNT BE 2 NORTH CAROLINA LEE COUNTY ) ) ) MODIFICATION TO DECLARATION THIS MODIFICATION TO DECLARATION made and enteredi into this 4th day of Manhn 2024 by LEE COUNTY, one of the counties of the State of North Carolina, and al body both politic and corporate (the "County"). RECITALS The County executed al Declaration on December 4, 2007 recorded on December 5, 2007 in Deed Book: 1114, Page 696, Lee County Registry, and hereby attached at "Exhibit A" restricting a portion ofi its property for recreational purposes. The County and O. Temple Sloan, Jr. entered al Memorandum of Agreement on August 8, 2022, hereby attached as "Exhibit B", and an amended Memorandum of Agreement on March 4, 2024, hereby attached as "Exhibit C" removing the recreation restriction from portion oft the property designated to be used byt the County to construct and operate a publici library. The County conducted: a survey of 10.96 acres of the property located in Lee County, North Carolina as shown on a plat entitled "Lee County for Future Library" dated December 11, 2023, prepared by Garrett. J. Dorsett, Professional Land Surveyor and recorded in Plat Cabinet 2023, Slide 239, Lee County Registry. The County desires to use the subject property shown as Lot: 1i in the above described survey for the purpose of constructing and operating a public library. DECLARATION NOW THEREFORE, the County does hereby declare and covenant as follows: 1.Subject tot thei terms contained herein, the recreational restrictions shall be removed from the portion 2.T The County shall use the property in Lot 1 for a public purpose with thei intent to construct and operate a public library. Ini the event that al library is not constructed on the above described property the County shall be required to seek the consent of O. Temple Sloan. Jr. for any use of the property other than for construction of al library; int the event that O. Temple Sloan. Jr. cannot provide such consent of property shown as Lot: 1i in the above described survey. (whether because of death, incapacity or otherwise) the consent of O. Temple Sloan, III will be required or int the event of the death of both of them, the direct lineal descendants of O. Temple Sloan III. 3. Allr restrictions as applied to the remaining portion of the property not included in Lot 1 of the above described survey shall remain in fulli force and effect under thet terms and conditions previously established. INV WITNESS WHEREOF, the County has caused this Modification to Declaration to be executed by the Chairman of the County's Board of Commissioners: and attested to by the Clerk to the Board pursuant to authority and action oft the Board of Commissioners of Lee County, North Carolina. LEE MMe KirkD. Smith, Chairman Lee County Board of Commissioners a ATTEST: Clerk to the Board wDi Hàileyl Hall, BE CAT State of North Carolina County ofl Lee This the. 41 day of Moh 7074, personally came before me, al Notary Public in and for the said County of Lee and State aforesaid, Hailey Hall, who being by me duly sworn, says that she is Clerk to the Board of Commissioners fort the County of Lee, al body both politic and corporate existing under thel laws oft the! State of North Carolina and actingt through its Board of Commissioners, and by authority duly given and as the act of said County, thet foregoingi instrument was signed ini its name by Kirk D. Smith, as the Chairman of its Board of Commissioners, sealed with its seal, and attested by herself as the Clerk to the Board of Commissioners. Witness hand and notarial seal this. of day MoM 1074 Bambh 4y9 my JENNIFER GAMBLE NOTARYPUBLIC Lee County North Carolina Bhl My commission expires:. 1/16/2028 My Commission Expires January 16, 2028 1114 0696 EXHIBIT A FILED LEE COUNTY MOLLIE A. MCINNIS REGISTER OF DEEDS BK:01114 PG:0696 FILED AT BOOK START PAGE END PAGE Dec 05, 2007 09:38:28 am 01114 0696 0698 INSTRUMENT # 11224 Prepared by and Return to: Samuel T. Oliver, Jr. Manning, Fulton & Skinner, P.A. PO Box 20389 Raleigh, NC27619-0389 NORTH CAROLINA LEE COUNTY ) ) ) DECLARATION THIS DECLARATION made and entered into this the HrH day of December 2007 by LEE COUNTY, one of the counties of the State of North Carolina, and a body politic and corporate (the "County")- RECITALS The County has acquired that certain 9.45 acres located in Lee County, North Carolina as shown on plat entitled Recombination Survey For: Harrington Properties & Lee County" dated October 31, 2007, prepared by Michael A. Cain, Professional Land Surveyor and recorded in Plat Book 2007, Page 232, Lee County Registry (the "Property"). O. Temple Sloan, Jr., a citizen and resident of Wake County, North Carolina, provided the funds for the County to acquire the Property on the understanding that the Property would only be used as an addition to the County's existing recreational area named for Mr. Sloan's father that adjoins the Property. The County desires to subject the Property to this Declaration to confirm that Property shall only be used for recreational purposes subject to the terms and conditions set forth herein. 1114 0697 BK:01114 PG:0697 DECLARATION NOW THEREFORE, the County does hereby declare and covenant the shall only be used for public recreational purposes subject to the terms 1. This restriction shall last for fifty (50) years from the date hereof and automatically expire at that time unless renewed in writing by the County 2. This restriction may only be modified or terminated prior to its with the consent of O. Temple Sloan, Jr. or, in the event of his death, expiration O. Temple Sloan III, or in the event of the death of both of them, the Property and conditions hereof: shall prior to such time. his direct son, lineal descendants of O. Temple Sloan II. binding on successors in title to the Property. 3. This restriction shall run with the title to the Property and shall be 4. This restriction may be enforced by O. Temple Sloan, Jr., and/or his descendants an action for specific performance in addition to such IN WITNESS WHEREOF the County has caused this Declaration to be direct lineal by other remedies as may be available at law or in equity. Chairman of the County's Board of Commissioners and attested Board pursuant to authority and action of the Board of executed by the to by the Clerk to the Commissioners of the County. LEE COUNTY By: RekB RABERTARANA Chairman Lee County Board of Commissioners Pr 47 ATJEST: Hphe Lee, Clerk DEINA Lee County Board of Commissioners 4114- 0698 BK:01114 PG:0698 STATE OF NORTH CROLINA COUNTY OF HARNETT of December 2007, personally came before me, a Notary This HH day Public in and for the said County who, being by me duly sworn, says Commissioners for the County of Lee, a body and under the laws of the State of North Carolina Commissioners, and by authority duly given and as of Harnett and State aforesaid, Gaynell M. Lee that she is the Clerk to the Board of both politic and corporate existing through its Board of acting the act of said County, the as instrument was signed in its name by, BOBERT H.BRess foregoing the Chairman of its WITNESSI my W.. Board of Commissioners, sealed with its seal, and attested by hand and notarial seal this 4H day of December 2007. Commissioners. herself as the Clerk to the Board of Marian Aw. Jayln Vivian W. Notary Public Taylor EIT Mycommission Expires: August25,2011 EXHIBIT B MEMORANDUM OF AGREEMENT BETWEEN LEE ÇOUNTY AND 0. TEMPLE SLOAN, JR. TO MODIFY THE USE OF A PORTION OF O.T. SLOAN PARK This Agreement is made and entered into this BHhday of Auyusf,2022, between LEE COUNTY, one oft the counties ofthe State ofNorth Carolina, and a body both politic and corporate (the "County"), and O. Temple Sloan, Jr. WITNESSETH WHEREAS, the County has acquired that certain 9.45 acres located in Lee County, North Carolina as shown on plat entitled Recombination Survey For: Harrington Properties & Lee County" dated October 31,2007, prepared by Michael A. Cain, Professional: Land Surveyor and recorded in Plat Book 2007, Page 232, Lee County Registry, and; WHEREAS, O. Temple Sloan, Jr., a citizen and resident of Wake County, North Carolina, provided the: funds for the County to acquire the Property on the understanding that the Property would only be used as an addition to the County's existing recreational area named for Mr. Sloan's father that adjoins the property, and; WHEREAS, the County executed al Declaration on December 4, 20071 recorded in Deed Book 1114,Page 696, Lee County Registry, and hereby attached as "Exhibit A", and; WHEREAS, said Declaration sets forth the terms and conditions applied to the subject WHEREAS, it is the County's desire to use approximately two (2) acres, more or less, of the subject property for the purpose of constructing and operating aj public library, and; WHEREAS, on June 6, 2022, the Board of Commissioners approved 'Site Plan B' as the prefèrred site for the proposed public library, a concept illustration depicting the site is hereby property including the terms related to modification, and; attached as "Exhibit B". NOW, THEREFORE, the parties hereto, each in valuable consideration as acknowledged 1.0.Temple Sloan, Jr. hereby consents to: removing the recreational restriction toa portion oft the property as described in' "Exhibit. B" and in consideration oft the County's use of by both parties, dol hereby covenant and agree to the following: 1 approximately two (2) acres, more orl less, for a public purpose with the intent of constructing and operating a public library. In the event that a library is not constructed on the above described property the County shall be required to seek the consent ofO. Temple Sloan Jr. for any use oft the property other than for construction ofal library; ini the event that 0. Temple Sloan Jr. cannot provide such consent (whether because of death, incapacity or otherwise) the consent ofO. Temple Sloan, III will be required. 2. The recreational restriction shall remain in full force and effect on the remaining 3. The County shall conduct as survey of the property with the intent to construct. and 4. Upon the recording of the survey, the County shall execute and record a modification IN WITNESS WHEREOF, this parties dol hereby agree to this Memorandum of property. operate public library. to the above mention Declaration detailing the unrestricted property. Agreement. O.TEMPLES SLOAN,JR O.Temple Sloan, Jr. Ano4). Da.alyg,aoa1 Smith, Chairman Lee County Board of Commissioners Date: 8-820L2 TDsne WITNESS: ATTEST: Jénnffer Qup.bsk Ciérktothe Board 2 EXHIBIT C AMENDED MEMORANDUM OF AGREEMENT BETWEENLEE COUNTY AND 0. TEMPLE SLOAN,JR. TOMODIFYTHE USE OF A PORTION OF O.T.SLOANPARK This Agreement is made and entered into this YPayd of! Man 2024, between LEE COUNTY, one ofthe counties oft the State ofNorth Carolina, and al body both politic and corporate (the "County"), and O. Temple Sloan, Jr. WITNESSETH WHEREAS, on August 8, 2022, the County and Mr. O. Temple Sloan Jr. entered into a Memorandum of Agreement modifying the use ofa aj portion ofO.T. Sloan Park, and all terms of the MOA remain in full force and effect; and, WHEREAS, the Memorandum of Agreement stated the Parties' desire to allow the WHEREAS, the County has conducted a survey, recorded in Plat Cabinet 2023, Slide 239 in the Lee County Registry, and has determined the necessary portion of the property to house the library building and parking and other outdoor space is 10.96 acres which is designated County to use aj portion oft the O.T. Sloan Park for ai new. library; and, asl Lot1 on plat; and, WHEREAS, both Parties agree to allow 10.96 acres as shown on the survey to be used as NOW, THEREFORE, the parties hereto, each for valuable consideration as acknowledged by both parties, do hereby covenant and agree to the following: aj public library for the residents, citizens and visitors ofLee County. 1.0. Temple Sloan, Jr. hereby consents to removing the recreational restriction to the 10.96 acres ofl land shown as Lotlon a survey entitled "Lee County for Future Library," found atl Plat Cabinet 2023, Slide 239: for aj public purpose with the intent of constructing and operating apublic library. In the event that a library is not constructed on the above described property the County shall be required to seek the consent of O. Temple Sloan Jr. for any use ofthe property other than for construction ofa a library; in the event that O. Temple Sloan Jr. cannot provide such consent (whether because of death, incapacity or otherwise) the consent ofO. Temple Sloan, III will be required. 1 2. The recreational restriction shall remain in full force and effect on the remaining 3.The County shall execute and record ai modification to the above-mentioned Declaration for the property shown in Lotl designated for a public library. IN WITNESS WHEREOF, this parties dol hereby agree to this Memorandum of property as previously established. Agreement. O.TEMPLESLOAN,R OR) 0. Temple Sloan, Jr. Da2.20.2034 LEECOUNTY Chairman MaDSnb KirkD. Smith, Lee County Board ofCommissioners DaL3-+-2024 WITNESS: ATTEST: Anilwg Hailey Hall, Clefk to the aipbmle Board RL FECOUN A 2 COU PROCLAMATION RECOGNIZING THE ACHIEVEMENTS OF THE SOUTHERN LEE HIGH SCHOOL MENSBOWLINGTEAM WHEREAS, the Southern Lee High School Men's Bowling Team, the Cavaliers, exhibited hard work, dedication, and exceptional talent in the North Carolina High School Athletic Association (NCHSAA)bowling tournament; and, WHEREAS, the Cavaliers won the 2024 State Championship on February 11th after winning against teams from Scotland WHEREAS, the team format is a rotation of five players per team roll two frames each, with Mark Lovick as the leadoff bowler for the Cavaliers, followed by Tucker Maria, Landon Lovick, Blane Downing, and Mar'kel Brown, under the leadership ofHead Coach Vicki Wilkins and Assistant Coaches Peggy Gunter and Wayne Gamble; and, WHEREAS, the Cavaliers drew Scotland in the semifinals and defeated the Scots 216-183 in the first set oft the best two out of three rounds after a four-bagger hot streak - four consecutive strikes - in frames two through five before going into the second and final round, with the Cavaliers winning 187-167 and securing a spot in the State Finals; and, WHEREAS, after struggling in the first game against Pinecrest and losing 205-162, the Cavaliers rallied and won the WHEREAS, the Cavaliers fought for each frame, with eight strikes and numerous spares, resulting in another win against WHEREAS, bowlers from both the men's and women's teams also saw success individually, with the men's top bowler, Mar'kel Brown, winning the individual men's championship title and Tucker Maria taking third place with a 187, and WHEREAS, without the efforts of former Southern Lee. Athletic Director Ernie. Purnsley, the bowling program would not be what it is today, as he was instrumental in starting the program up in 2021-22 and coached the first two years; and WHEREAS, the Cavaliers represented Lee County admirably int the NCHSAA Men's State Bowling Tournament to close NOW, THEREFORE, the Lee County Board of Commissioners hereby proclaim Tuesday, March 5lh, 2024 as Southern Lee High School Men' 's Bowling Team Duy in Lee County, North Carolina and call upon residents to observe this day recognizing and celebrating the Team and their contributions to and successes shared with the Lee County community. County Schools and Pinecrest High School in the State Finals; and, second game 204-203, forcing a third game; and, Pinecrest with a final score of223-202 and the State Championshipi title; and, Peyton Johnson oft the women'st team finishing 19th in the State; and, out the 2024 bowling season; and, Presented this 4th day ofl March, 2024. 1947 COUNT AORE Kifk D. Smith, Chair Lee County Board of Commissioners ATTEST: ll tot the Board Hailey Hall, silwn ANORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE: LEE COUNTY, NORTH CAROLINA WHEREAS, a request to amend the Official Zoning Map has been received from Michael L. Cranford to rezone 3.38 +/- acres comprised oft two (2) tracts of land addressed as 2909 Jefferson Davis Hwy, further identified as 9630-27-6451-00 and 9630-27-4548-00, from Highway Commercial (HC) zoning district to Light Industrial (LI) zoning district; and, WHEREAS, said request has been presented to the Planning Board ofl Lee County; and WHEREAS, the Lee County Board of Commissioners conducted a public hearing on February 19, 2024 to: receive citizen input on the requested zoning map amendment; and WHEREAS, the Lee County Board of Commissioners approves the request to amend the NOW, THEREFORE, BE IT ORDAINED BY THE LEE COUNTY BOARD OF The Official Zoning Map is hereby amended to rezone 3.38 +/- acres of two (2) tracts of land addressed as 2909 Jefferson Davis Hwy further identified as 9630-27-6451-00 and 9630-27- 4548-00, from Highway Commercial (HC) zoning district to. Light Industrial (LI) zoning district. Inr making this decision, the Lee County Board of Commissioners hereby determined that the request was not consistent with the Plan SanLee long range plan designation of Countryside because light industrial zoning was typically not found on agricultural and undeveloped lands. Official Zoning Map of Lee County; COMMISSIONERS: See Exhibit A included for reference. ADOPTEDthis the 4th day of] March 2024 TA Chairman, Lee County Board of Commissioners ATTEST: MI ML Hailey Hall, Cifrk' to FORM: f APPROVED ASTO: aL Whitney Parrish, Lee County Attorney CAR 65868 2663 /3809 0354 26403 3805 BU 7345 2849 1BA) 2559- 36 3715 30 15A) 3706262 74a 2007 /3706 3026 1070 3925 176 3714 134795 3718 (141) 03 013865 5094 6505 1184 34" 3606 38 3670 68 j902 3612 9223 (4.59A) 8049 0157 79 5057 33C 5998 3 6828 MIDA ATLANTIC INSURANCE SERVICES 2903 1836 8904 0604 (1.14A) 2908 9427 2919 (8.79A) 6778 MID PINES AR 4548 2909 ER 1689 4631 168 3726 19926 e 3730 -208 3734 1 *222 4285 3736 a 3 3.84A 6033 11 12 (1.83A) 1581 £913 (3.33A) 6451 FERRELL'GAS 3451 SITE (1.76A) 2382 200 2917 OUTBACKSTORAGE 2914 &OLD HICKORY BUILDINGS (1.31A) 7223 LEReL (3.31A) 5182 */ 8148 8136 18/ CABgIS 0058 13 JONATHON LN CEDARVANE MHP (7.97A) 4931 OWNER: WILLETT,AABERY4 3819WILLEN/RD 775-2467 2921 57.49A 2258 REZONING, APPLICATION Rezone from Highway Commercial to Light Industrial This is a graphic illustration and nota al legal document. Alli information. is comprised ofl layers of data that may orr may not aligh correctly. N A AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF LEE COUNTY, NORTH CAROLINA BE IT ORDAINED by the Board of Commissioners of Lee County, North Carolina that the Section1. That Article 6 Subdivision Regulations be amendment to extend the period of major Unified Development Ordinance be, and it hereby is, amended as follows: subdivision preliminary plat approval from two (2) to three (3) years. 6.1.3 AUTHORITY ANDJURISDICTION 6.1.3.1 (Unincorporated Lee County and the' Town of Broadway) The Governing Bodyis vested with the authority to review, approve, conditionally approve, and disapprove applications for preliminary plats in accordance with NCGS $ 160D-803(c). 6.3.3 PRELIMINARY PLAT 6.3.3.1 PURPOSE (Unincorporated Lee County and the Town of Broadway) The preliminary plat application involves an examination of the proposal in much greater detail than at the sketch plat stage, since this stage determines whether the project will be approved, and ifso, the conditions that will be required. Preliminary plat approval is the key discretionary decision-making point in the approval process. The applicant is required to submit, as applicable, detailed information as to all aspects of the development, including street layout, preservation of natural site features, and recreational and parking facilities, in order to assure that the decision- makers and all parties interested in the project have the opportunity to review all significant facets of the project. 6.3.3.2 APPLICABILITY (Unincorporated Lee County and the Town of Broadway) Approval of al Preliminary Plat is required for any tract where the eventual platting oft the property involvesamajors subdivision. Noi final plat shall be approved util al Preliminary Plat for thej property has been approved. 63.3.3INTIATION (Unincorporated Lee County and the Town of Broadway) application shall be filed with the Department of Community Development. 633.4DECISION (Unincorporated Lee County and the Town of Broadway) After the Department of Community Development has approved a sketch plat for a major subdivision, then the subdivider may file an application for approval of a preliminary plat. The After the application for preliminary plat approval is certified as complete, the Department of Community Development shall place the plat on the agenda of the next regular-scheduled meeting Thel Department of Community Development shall refer copies oft the plat and any accompanying materials to those public officials and agencies Concerned with new development, including, but not limited to, the building inspector, the appropriate jurisdiction's Fire Marshal, the appropriate jurisdiction's Public Works Department, Lee County Environmental Health Department, Lee County School Borad, the district engineer of the North Carolina Department of' Transportation, the appropriate county soil conservation service office, and any consulting engineer retained by the jurisdiction, for review and recommendation. Such agencies may review can comment as to whether the application satisfies the requirements of this Ordinance or any requirements of state and federal law applicable to subdivision plats. Aj preliminary plat shall not be placed on the local Planning Board agenda until it has been deemed complete by the Department of Community The Planning Board shall recommend to approve, disapprove, or conditionally approve the Approval shall be noted on a least two copies of the preliminary plat. One (1) copy shall be retained by the Department of Community Development, and one (1) copy shall be given to the Ifthe preliminary plat is recommended for disapproval, the minutes shall specify reasons for such action in writing. One (1) copy of such reasons shall be retained by the Department of community Development, and one (1) copy of such reasons shall be given to the applicant. Ift the preliminary plat is disapproved, the subdivider may make the recommended changes as submit a Ifthe preliminary plat is conditionally approved, the minutes shall specify the reasons for such action in writing. One (1) copy ofs such reasons shall be retained by the Department of Community Development, and one (1)d copy of such reasons shall be given to the applicant. If the preliminary plat is conditionally approved, the subdivider may make the recommended changes and submit a revised preliminary plat to the Zoning Administrator or his/her designee for review. At timely recommendation of the Planning Board to approve, disapprove, or conditionally approve the application for a preliminary plat shall be referred to the appropriate Governing Body For preliminary plats that require a Subdivision Exception pursuant to Section 6.3.6 of this Ordinance, the Planning Board shall consider this matter with their recommendation. Final review and approval of a preliminary plat with a subdivision exception, however, shall be determined by of the appropriate local Planning Board. Development. application for aj preliminary plat subject to the following: subdivider. revised preliminary plat. for review and final approval. the Governing Body. 6.3.3.5. SCOPE OF APPROVAL( (Unincorporated Lee County and the Town of Broadway) 6.3.3.5.1 6.3.3.5.2 6.3.3.5.3 Approval of the preliminary plat by the Governing Body shall allow a subdivider Approval of the preliminary plat by the Governing Body without approved Should the plat be approved subject to conditions or labeling corrections, the plat top proceed with the preparation oft the final plat. construction plans shall not constitute the necessary approval for submittal of the final plat. shall be revised and resubmitted to the Department of Community Development with all corrections within 60 days of the Governing Body's approval. Failure to return a corrected plat within this time period shall constitute a violation. Additionally, no final plat may be approved until a corrected copy of the preliminary plat has been filed with the Department of Community Development. 6.3.3.5.4 The preliminary plat shall serve as a guide in the preparation oft the final subdivision plat, which must be submitted for final approval and recordation upon fulfillment of the requirements of this Article. 6.3.3.5.5 The preliminary plat shall be valid for three (3) years after its final approval. A preliminary plat shall become void if a final plat is not approved within this time period. Final Approval of a phase or portion of a preliminary plat shall re-establish the effective date for 6.3.3.6 REVISING APPROVED PRELIMINARY PLAT (Unincorporated Lee County and the measuring the time period of a preliminary plat approval. Town of Broadway) 6.3.3.6.1 Minor Amendments. The Department of Community Development shall have the Ac change in the location of not more than ten percent (10%) of the number of lots; A change in the location of any part of open space acreage by not more than ten percent Ac change in the location of any part of proposed street alignment and lot configuration of more than ten percent (10%) of the gross acreage so long as the number of external access points is not decreased and the minimum street connectivity ratio as set forth in Article 10 Changes to within parcel boundaries which do not affect external property lines. authority to approve the: following deviations from an approved preliminary plat: (10%) of the gross acreage of the proposed subdivision; or ism maintained. 6.3.3.6.2 Major Amendments. All other changes to an approved Preliminary Plat that do not meet the standards of this Section shall require the filing and approval of a new Preliminary Plat. 6.3.3.7PHASING OF PRELIMINARY PLAT (Unincorporated Lee County and the Town of the landowners to proceed to final plats covering only a portion of the tract at any one time. Broadway) 6.3.3.7.1 6.3.3.7.2 6.3.3.7.3 A preliminary plat may be approved with multiple phases where it is the intent of For each approved phase, the developer shall have up to three (3) years to submit The applicant may submit for an extension of the approved phase beyond the three the final plat for that respective phase. (3) year limit. All subsequent extensions will be for two (2) years. Application shall be submitted to the Department of Community Development. Failure to record a plat for any phase within the aforementioned three-year period shall result in the expiration of the preliminary plat's approval. Expired preliminary plats shall not be subject to an extension of their approval, but the applicant must instead submit a new application for a preliminary plat and begin a new preliminary plat review and approval process. 6.3.3.7.4 Any plat that was approved within the years of January 1, 2021 - December 31, 2023, will receive an automatic extension not to exceed three (3) years. Section 3. This ordinance shall be in full force and effect from and after the date ofi its adoption. ADOPTED this the 4th day of March 2024. Kirk D. Smith, Chairman Lee County Board of Commissioners ATTEST: e BE a fmil ll Hailey Hall, Clerk to the Board CAR APPROVED AST TOI FORM: ANw Whitney Parrish, Lee County Attorney NORTHCAROLINA, Presented forr registration ont this. 15"day opil20,4 at8:35AMPM recorded in Book 37 Page/l7 Pamela G. Bilt, Register of! Deeds LEECOUNTY