COU  LEE COUNTY BOARD OF COMMISSIONERS DENNIS WICKER CIVIC CENTER 1801 NASH STREET SANFORD, NC 27330 August 21, 2023 MINUTES  Roll Call  Present: Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  Mark Lovick, Taylor Vorbeck CALL TO ORDER INVOCATION the Pledge of Allegiance. PLEDGE OF ALLEGIANCE I. ADDITIONAL AGENDA  Chairman Kirk Smith called the meeting to order at 6:00 p.m.  Commissioner Taylor Vorbeck provided an invocation and led the Board and attendees in  Chairman Smith asked to add items I.U 2023 Chevrolet Tahoe LT for the Sheriff's Office to the Consent Agenda and VI.C Planning Board Recommendation for a Rezoning Request to Old Business. County Attorney Whitney Parrish stated that the Wellness Clinic Contract for item I.J was received and posted to the website earlier today and a  copy was provided to the Board's seat.  Motion: Motion to approve the Agenda as amended.  Mover: Taylor Vorbeck Mark Lovick, Taylor Vorbeck Motion Result: Passed  For: 7- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  I. APPROVAL OF CONSENT AGENDA Mover: Dr. Andre Knecht Mark Lovick, Taylor Vorbeck Motion Result: Passed  Motion: Motion to approve the Consent Agenda as amended.  For: 7- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,    II.A Minutes from the July 24, 2023 Regular Meeting BOC Regular Meeting Mnutes./2423.mai.dooa  II.B July 24, 2023 Closed Sessions Minutes - Economic Development II.C July 24, 2023 Closed Sessions Minutes - Personnel  II.D Updates to the Personnel Policies  H.1 Disciplinary Action Policy 8.21.23 Final.docx H.2 Grievance Procedure 8.21.23 Final.docx B.4 Recruitment and Selection 8.21.23 Final.docx B.18 Drug and Alcohol Free Workplace 08.21.23 Final.docx  II.E Consider Reappointing Cecil Cameron to the Agricultural Advisory Board  II.F Pictometry International Corp. purchase order II.G Refund and Release Report for July 2023 July Personal Property Abatement Report.pdf RELEASE CODES SPREADSHEET.XS I.H 2023-2024 Lee County State Aid Application 2-State Aid FORM A.pdf 3-State Aid FORMS B, C,D,E2.pdf 4-State Aid FORM F.pdf  Pictometry NC Lee County_Pictometry Agreement,10-17-22_signed.pdr  Gen Statute 105.docx  II.I Approval of Budget Amendment #08/21/23/02 Budget Amendment Packet 08-21-23-2 v2.pdf Final Lee County Occ Health PSA8 8.21.2023.pdf  II.J Wellness Clinic Contract  I.K Approve the addition of Budget and Management Analyst to the Lee County  Classification and Pay Plan Budget and Management Analyst.docx Pa/.Pan.Pae.fFMeahe,dwe.Augu21.202pdt II.L Declare 0 Cone Street Surplus and Approve Initial Offer  OCone Street First Resolution.docx OCone Street Map.docx OCone Street Offer.pdf  II.M Purchase of Eight Patrol V-8 Dodge Durangos and Two Administration V-6 Dodge  Durangos    Don Franklin Auto quote.pdf  IIN Up-fit Equipment for Patrol and Admin Vehicles for the Sheriff's Office  Batteries of NC quote.pdf Battereis of NC quote.pdf  II.O Lee County Jail Request for Approval of Purchase Order with NC Department of II.P Central Carolina Holdings LLC. Scrap Tire Recycling Services Purchase Order  Public Safety for Inmate Housing Tire Agreement 2015.pdf 2024 F-150 Solid Waste.pdf  II.Q Purchase of a 2024 F-150 staff vehicle for Solid Waste  II.R Purchase of a 2024 Ford F-150 staff vehicle for Maintenance, a 2024 Ford Maverick and two (2) 2024 Ford Broncos as staff vehicles for Housekeeping at General  Services  VEHICLEPROPOSALS.pdr  II.S Addition of a Community Social Worker Grade 71 to the Lee County Classification  and Pay Plan  Community Social Worker.docx  I.T Vehicle Purchase Order for Parks and Recreation 2023 Ford F150 SuperCab 4X2 -5.0L - 2024 Pricing.pdf I.U 2023 Chevrolet Tahoe LT for the Sheriff's Office  Bill Black Chevrolet Bid.pdf  III. PROCLAMATION PRESENTATION  III.A Proclamation Honoring the Lee County Gymnastics Team  Chairman Smith presented and read aloud a proclamation honoring the Lee County Gymnastics Team for their recent accompisnments during the 2023 season. The proclamation was received by Parks and Recreation Director Joseph Keel, Gymnastics Supervisor Kristy Harper, Gymnastics Coaches, and the Gymnasts. Chairman Smith presented and read aloud a proclamation honoring Hispanic Heritage Month. The Hispanic Liaison Deputy Director Hannia Benitez received the proclamation, along with many other non-profits and Hispanic community members. Hispanic Heritage Month begins on September 15 and goes until October 15.  III.B Proclamation Honoring Hispanic Heritage Month  IV. PUBLIC HEARING    IV.A UDO Text Amendment  Chairman Smith asked ift there were any conflicts of interest. Commissioner Cameron Sharpe asked to be recused from this vote due to his occupation with the City of  Sanford. There were. no other conflicts ofi interest. Chairman Smith opened the public hearing at 6:23 p.m.  Zoning. Administrator Amy McNeill presented the UDO Text Amendment proposed in the public hearing request. The request consists of a text amendment to the Unified Development Ordinance to amend. Article 11 Sign Regulations, Table 11-4 Standards for Sign Characteristics to permit signs with Internal llumination and Changeable Copy within the RA, RR, R-20, R-14, R12, R-10, R-6, MF-12, PUD and TND. zoning districts. This request has stemmed from churches within residential districts that would  like to have illuminated and copy changing signs. No one spoke in favor or in opposition.  Chairman Smith closed the public hearing at 6:27 p.m. and excused the Planning  Board to their meeting. 01A-MEMO.pdf 01B-ORD.pdf interest. Mover: Taylor Vorbeck Vorbeck Abstain: 1 - Cameron Sharpe Motion Result: Passed  Motion: Motion to recuse Commissioner Cameron Sharpe due to a conflict of For: 6- Dr. Andre Knecht, Robert Reives, Kirk Smith, Bill Carver, Mark Lovick, Taylor  IV.B Public Hearing for Project Stronghold  Sanford. Area Growth. Alliance CEO. Jimmy Rando/ph presented Project Stronghold to the Board. Project Stronghold is a Fortune 500 global manufacturing company, specifically an equipment manufacturing project for a division of the company. The Company is expected to purchase and up-fit an existing building and purchase machinery and equipment in amount at least $56,000,000 million in taxable investment, with a county sharing up to $570,960 with revenues from the County's general fund over the five-year life of the Project. Mr. Randolph said he cannot divulge the location information; however, the company is looking at an existing vacant facility. The incentive is performance-Dased. Any employees that are currently employed by the company would have to be preserved in order to receive this incentive. Ift the company were to locate elsewhere, that could impact the facility  here and result in a loss ofj jobs.  Chairman Smith opened the public hearing at 6:33 p.m.  Those who spoke in favor:    Jimmy Randolph, 3405 Windmere Drive (Sanford Area Growth Alliance  CEO) No one spoke in opposition.  The Chairman closed the public hearing at 6:36 p.m. FinaLPublic_Hearing.lor.pubicatonpar  V. PUBLIC COMMENTS VI. OLD BUSINESS  No public comments were received.  VI.A Amended Animal Services Ordinance  County Attorney Whitney Parrish said the Board held the first reading oft the amended Animal Services Ordinance at their meeting on July 24. When the Board consolidated human services on July 12, the County needed to update the impacted policies that referred to Health Board with the Consolidated Human Services Board. Lee County Animal Services Ordinance-WP 6.6.23.rtf Motion: Motion to approve the changes to the Animal Services Ordinance For: 7-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  upon second reading. Mover: Robert Reives Mark Lovick, Taylor Vorbeck Motion Result: Passed  VI.B. Approval of Resolution Providing for the Sale and Issuance of $25,000,000 General Obligation Parks and Recreation Bonds, Series 2023 Finance Director Candace Iceman presented the Resolution Providing for the Sale and Issuance of$25,000,000 General Obligation Parks and Recreation Bonds, Series 2023. The Board. needs to approve this before the bonds can be Motion: Motion to approve Resolution Providing for the Sale and Issuance of $25,000,000 General Obligation Parks and Recreation Bonds, Series 2023. For: 7-1 Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  issued for sale for the Multi-Sports Complex.  Issuance Resolution-Lee 2023 G.O. Voled.Competlive,doc  Mover: Robert Reives Mark Lovick, Taylor Vorbeck Motion Result: Passed  VI.C Planning Board Recommendation for a Rezoning Request  Chairman Smith asked to move this item to front of Old Business sO. Zoning Administrator Amy McNeill could be excused to the Planning Board meeting. Ms. McNeill presented the Planning Board's recommendation for a rezoning request. The application was submitted by SARVAUSA, LLC to rezone an 8.95 acre portion ofa vacant 9.95-acre tract of land addressed as 2917 Airport Road from Sanford    Soccer Field Complex Conditional Zoning District to Light Industrial (LI) zoning district to allow the development oft the site in a light industrial manner. The one-acre balance is within the City of Sanford's Extraterritorial Jurisdiction (ETJ) and is not included within this rezoning request. The Board held a public hearing on this request at the. July 24, 2023 Board meeting. The one acre within the ETJ is going to be reserved as a buffer, and only the portion with Lee County will be rezoned. Staff is legallyr required to notify all neighboring land owners ofa a public hearing fora Motion: Motion that the proposed zoning map amendment is consistent with the Plan SanLee long- range plan designation of Professional and Institutional Campus because this district is supportive of commercial and For: 7- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Motion: Motion to approve the proposed zoning map amendment because the site is appropriate for light industrial uses. It also appears to be reasonable and in the public interest because the sight adjoins a light industrial zoned property and it is located off of dead-end public street that terminates into an emergency For: 7- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  rezoning.  O2RECOREZBARPORI RD-BINDER.pdr  employment uses. Mover: Dr. Andre Knecht Mark Lovick, Taylor' Vorbeck Motion Result: Passed  services training center for the local community college.  Mover: Dr. Andre Knecht Mark Lovick, Taylor Vorbeck Motion Result: Passed  VII. NEW BUSINESS  VII.A Request to Appear - Jeanne (Emma) Apperson  Ms. Jeanne "Emma" Apperson, a Lee County Young Commissioner and NCACC Lee County Youth Delegate, requested to appear before the Board. Ms. Apperson invited the Board to attend the Youth Voice breakfast at the NCACC. Annual Conference on August 26. Ms. Apperson is a senior at Lee Early College (LEC) and also discussed the LEC campus and how safety factors could be improved. Commissioner Andre Knecht asked for the status ofLEC's movement to a brick and mortar facility. Chairman Smith said movement is in the works; however, increased capacity is not known at this time. The plan is to convert the Wilkinson Building to LEC once staff and students are moved to the Moore Center when it comes online, as well as to expand  the library.  VII.B Sports Complex Road Names  Development Services Director Brandon Key and Parks and Recreation Director Joseph Keel presented the Multi-Sports Complex road names, and a copy ofthe presentation is attached and incorporated into these minutes. The primary road name iss suggested to be Champion Road and the secondary road to be Winners Lane.    County Manager Lisa Minter noted that these roads could be sold to potential LCMult-Sports Complex Street Name Approval Request 8-21-23.pptx  sponsors in the future.  Motion: Motion to approve Champion Road, identified as the blue road on the map, and Winners Lane, identified as the red road on the map, for the names for For: 7-1 Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  the two roads running through the Sports Complex.  Mover: Cameron Sharpe Mark Lovick, Taylor Vorbeck Motion Result: Passed Recommendation  VII.C Project 6120-01-24 OT Sloan Park Accessibility Project Design RFQ Award  Parks and Recreation Director Joseph Keel presented the O.T. Sloan Park Accessibility Design FRQ Award. recommendation to the Board. Mr. Keel said a Request for Qualifications opening was. held on July 20 and three sealed qualifications from a variety of companies from across the region were received. The three companies include RVE, Benesch, and WithersRavenel. These proposals were reviewed using six factors for selection as described in the RFQ Notice. The review committee consisted of six County staffn members from three different departments. After a detailed review, the committee recommends WithersRvene as the Landscape Architect and Design firm for the OT Sloan Park. Accessibility Project. Chairman Smith also noted that he received a letter from Governor Roy Cooper congratulating Lee County on receiving this award to Motion: Motion to award WithersRavene! Project 6120-01-24, OT Sloan Park For: 7- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  be able to fund this project. Award Letter Recommendation.pdr Accessibility Project Landscape and Design Services.  Mover: Cameron Sharpe Mark Lovick, Taylor Vorbeck Motion Result: Passed  VI.D Approve Woolard Road as Surplus and Set Minimum Bid  County Attorney Whitney Parrish presented this item to the Board. Ms. Parrish noted that these type ofr request do not normally go. before the Board; however, because of the interest received and the amount that is owed on the Woolard Road, property( ( $26,738.50), staff is asking the Board to approve a resolution declaring this property as surplus and to set a minimum bid of $26,738.50. Staff felt that this amount fora minimum bid is a fair ask, and will still go through the upset bid process.  Woolard Road Resolution Initial.docx Woolard Road Map.docx $26,738.50 on the property. Mover: Dr. Andre Knecht Mark Lovick, Taylor' Vorbeck Motion Result: Passed  Motion: Motion to declare 573 Woolard Road as surplus and set a minimum bid of For: 7-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,    VII.E Naming Rights & Sponsorship Policies  NCACCICMA Management Fellow Ben McQueary presented the proposed Naming Rights & Sponsorship Policies to the Board. This stemmed from interest during the development of the multi-sports complex and the new library for naming or sponsoring various portions of the park and/or building. Mr. McQueary said this policy was crafted using guidance from the UNC School of Government, as well as from other counties. County Manager Lisa Minter said the, plan is to bring a brochure and contract to the Board at a future meeting once the policy is approved. Mr. McQueary said the County would advertise for sponsorship and per the policy, it is first come, first serve with the set prices and time duration. The proposed minimum is five years and maximum is 20 years. Interested parties would either pay the amount up front or per year. Verbiage is included that says any participating company has to be align with Lee County Government's mission, vision, and core values. Commissioner Cameron Sharpe said this hasn't gone to the Parks and Recreation Advisory board in such detail, but that it has come up. Ms. Minter said the policy will go to the advisory board after revisions  have been made, and also to the Library Board of Trustees.  LCG Sponsorship Policy FINAL.pdf  VII.F Participation in the Central Pines Regional Council Grant Assistance Program County Manager Lisa Minter said Commissioner Carver requested that staff explore the Grant Assistance Program offered by the Central Pines Regional Counci, formerly Triangle J Council of Governments. The County will still have the responsibility of reviewing a database of available grants created by the Council and then deciding which grants to pursue. The Council's staff will assist the County in preparing grant applications. Ift the County is awarded grant funds and then needed assistance with the administration of the grant, additional funds would be required. Ms. Minter said the contract is for $ 20,000 per year for staff to research grants with the assistance oft the Council, then the County would have to pay the Council a portion ift the County secures a grant. Ms. Minter said the Council could provide insight if a certain grant goes to an urban or rural municipality and ifr new grants become available that the County may not be privy to. The County does not have staff available just for grants; however, the new Finance intern is going to help departments with grants. She would help departments use the Council's database. Ms. Minter said this item is in the current budget and she is willing to try it for a year. The Council did provide information about other counties who were awarded the grants, which has resulted in a 30- 40% success rate. Most awardees were municipalities for CDBG grants for housing and roads. Commissioner Mark Lovick asked the County Manager to reach out to receiving counties. Ms. Minter noted that there isn't a deadline for this, but the contract would run for this fiscal year, so the County has lost a bit of time already. Commissioner Carver: spoke with Alana Keegan of the Council and she said the Council saw a need for this insight and for creating a database that housed these grant opportunities all in once place. Ms. Minter said departments are currently going out on their own to go after grants, but what has happened in the past is a department. has gone after a grant, received it, and not known if they could meet all of the requirements, sO it's fallen onto the Finance Department to assist, which then pulls staff from day -to- day duties. Staff will still have    to provide information on Lee County to the Council for the Council to then research grants and complete the applications. Parks and Recreation Director Joseph Keel was asked to come forward to discuss how his department handled grants. He said he's contacted engineer firms to do site plans for the grant applications, though the department gets to keep the plans for future use as well. Parks and Recreation staff and the engineering firm work together to complete the grant application. Mr. Keel said the last two site plans have been with WithersRavenel and he tries to only go after grants that he feels he's likely receive. Ms. Minter said Library Services Director Beth List hasn't used any third parties for her grants, but they have been smaller. The Senior Services and COLTS Departments also go after some annual grants. Motion: Motion to table Participation in the Central Pines Regional Council Grant Assistance Program until the October 2nd Board Meeting, and for the County Manager to reach out to other participating counties in the meantime. For:7- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  Central Pines Grant program.docx  Mover: Cameron Sharpe Mark Lovick, Taylor Vorbeck Motion Result: Passed VIII. MANAGERS REPORTS  VIII.A Strategic Plan Report Out  Clerk to the Boaru/Communcatons Specialist Hailey Hall provided the Board with the quarter three report out of the Strategic Plan, a copy of which is attached and  incorporated into these minutes. VIII.B Monthly Financial Reports financial report.  Finance Director Candace Iceman provided the Board with the July month Ms. Iceman then introduced Financial Intern and Americorps Fellow Suzy Brito Lagunas, who recently graduated from UNC- Chapel Hill and plans to attend law school. Ms. Brito Lagunas said she is thankful to come back to her hometown for  this opportunity. JULY 2023.pdf  May 2023 Sales Tax revenues.pdf  VII.C County Manager's Monthly Report for August 2023  County Manager Lisa Minter provided her monthly report, a copy of which is attached and incorporated into these minutes. Parks and Recreation Director Joseph Keel and. Assistant County Manager Jennifer Gamble provided an update on the Horton Park Pool. The ribbon cutting is scheduled for September 8th at 3:30 p.m. and will be open on September 8, 9, 10, 16, and 17to the public. Ms. Gamble said details for the event will not be announced to the public until the pool passes inspection with Environmental Health and NCDEQ. Ms. Gamble said staff is proposing the Board    take action to waive the gate fee for the two weekends the pool would be open. County Attorney Whitney Parrish provided an update on pretrial services. Ms. Minter  also noted the Library had a successful. POPI-Con and will provide statistics of the event to the Board. County,Manager.Montny_PeporlAugust 21_ 2023.docx Library_Level Up! AUGUST 2023 for website (8A-1 11 in).pdf Parks and Rec_7.24.23 Agenda.pdf Parks and Rec_6.26.23 Minutes.pdf Permit_ssuance Report July 2023_summary.pdt: Tax_ Monthly Managers Report July 2023.docx TRC Agenda  [08.03.23.pdf  Motion: Motion to waive fees for public attendance of Horton Pool and the County will compensate Carolina Pool Management accordingly. For: 7-1 Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  Mover: Robert Reives Mark Lovick, Taylor Vorbeck Motion Result: Passed  IX. COMMISSIONERS COMMENTS  Chairman Smith noted he is working with the Lee County Board of Education on their  budget and CIP. X. CLOSED SESSION  X.A Closed Session = Personnel  The Board went into Closed Session at 7:53 p.m. after a 10-minute break. Motion: Motion to go into session per N.C. General Statute S 143318.11(a)6) to consider the qualifications, competence, performance, or condition of appointment of a public officer or employee or prospective public officer or For: 7-[ Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  employee. Mover: Dr. Andre Knecht Mark Lovick, Taylor Vorbeck Motion Result: Passed Mover: Robert Reives Mark Lovick, Taylor Vorbeck Motion Result: Passed  Motion: Motion to go out of Closed Session at 8:15 p.m.  For: 7- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  ADJOURN six-month review.  Commissioner Reives left the meeting at 8:18 p.m. but expressed. support of the motion to approve the Chairman andi Human Resources Directorymeeting with the County Manager to conduct the manager's    The Board went back into Open Session at 8:18 p.m.  Motion: Motion to approve the Chairman meeting with the County Manager and the Human Resources Director to go over the County Manager's six-month review. For: 6- Dr. Andre Knecht, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick, Taylor  Mover: Cameron Sharpe Absent: 1- Robert Reives Motion Result: Passed Mover: Taylor Vorbeck Vorbeck Absent: 1 - Robert Reives Motion Result: Passed  Vorbeck  Motion: Motion to Adjourn. The Board adjourned at 8:19 p.m.  For: 6- Dr. Andre Knecht, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick, Taylor  Kirk Smith, Chairman  KDiu  Lee County Board of Commissioners  ATTEST:  wtlL Hailey Hall, Clerkto the Board  ICOIRA RE    Local Funder Maintenance Of Effort Report & Declaration I FY 2023-2024  FORM A  Submit one form for each city/county! local funder  The LEE COUNTY LIBRARIES  Name of Library  will maintain its local governmental support in order to receive State Aidj funds in accordance with North Carolina Administrative Code, Chapter 7, Subchapter. 21, Section. 0200. List TOTAL county or city appropriations (excluding State Aid, programs federally funded such as E-rate and LSTA, one: time expenditures, and capital outlay)  budgeted and available for expenditure FY: 2023-2024:  TOTAL ($) 1,148,409.00  Enter numbers only. 25000 becomes $25,000  Date the budget was approved by the Board of Commissioners/Ciy Council:  06/05/2023  Icertify that the appropriation, for FY 2023-2024 has been approved by  LEE COUNTY BOARD OF COMMISSIONERS  Board of Commissioners, /City Council Name  LEE COUNTY  Name of County/City  is.supported by officialrecords, and is available fore expenditure by the library.  D-7-7023 Date  ounty/Cityl Manager gnature haDhnke  Please return this completed form to the requesting library and not the State Library.  This instrument has been preaudited in the manner required byt the Local Govemment Budget and Fiscal ContractAct. Candau man Finance Officer, Lee County  State Aid Deadline 9/15/2023 Need help with this form? Contact sladmin@ncder.goy  State Library, of North Carolina  SLNC    Maintenance Of Effort for In-Kind & Monetary Contributions IF FY2023-2024  FORM B  The total for each line should reflect the TOTAL ($)" declared on FORM A for each local funder. Click the "Add Page" button for additional rows. The Grand Total will be calculated on Form C. Clickh here tos see additional instructions.  LEE COUNTY LIBRARIES Name ofl Library  Total County or City In-Kind Contributions and. Appropriations Budgeted and Available for Expenditure FY: 2023-2024  Enter numbers only. 25000 becomes $25,000 In-Kind Contributions Local Appropriations  County/City LEE  TOTAL $1 1,148,409.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,148,409.00  $ $ $ $ $ $ $ $ $ $ $ $ $ $0.00  $1 1,148,409.00 $ $ $ $ $ $ $ $ $ $ $ $  Page Total  $1 1,148,409.00  Add Page  State Aid Deadline 9/15/2023 Need help with this form? Contact sladmin@ncder.govy  State Library, of North Carolina  SLNC    Average Maintenance of Effort Report & Declaration I FY 2023-2024  FORM C  LEE COUNTY LIBRARIES Name ofl Library  The Grand Total is calculated based on your FORM B table entries. The Average indicates the library system's average appropriation from all ofi its local funding sources from the last three fiscal years. Note that this number is pulled from your entry on the first page of this packet. In order to meet Maintenance of Effort, the total appropriation for FY: 2023-2024 must equal or exceed the average figure oft the last three fiscal years. The printed name oft the Library Director on this form certifies the accuracy ofi information. The Library Director's signature will be required on FORM E. Click here to see additional instructions for this form.  AVERAGE County and /or City Appropriations Budgeted and Available for Expenditure: FY: 2020-2021, FY: 2021-2022, FY2022-2023 (Excluding capital outlay and State Aid appropriations) $743,950.00  GRAND TOTAL County and /or City Appropriations Budgeted and Available for Expenditure  FY 2023-2024 (Excluding capital outlay and State Aid appropriations) $ 1,148,409.00  BETH LIST  08/08/2023 Date  Library Director printed name certifying accuracy of information  State Aid Deadline 9/15/2023 Need help with this form? Comtaxtsiadminencdergor  State Library, of North Carolina  SLNC    Assurance of Professional Librarians Whose Salaries are Funded with State Money I FY2 2023-2024  FORM D  Check the appropriate box to indicate whether or not you pay any professional salaries inj part ori in whole with State Aid funds. Ifyou do pay professional salaries with State. Aidi funds, list names, titles, and salary amounts. The printed name of the Library Director on this form certifies accuracy of information. The Library Director's signature will be required on FORME E. Click the Add Page button for additional fields. Cickheretoseeaddtionalinstructions  LEE COUNTY LIBRARIES Name of Library  Does not pay any professional salaries from State Aid funds  Does pay the following professional salaries in whole or in part from State Aid funds  BETH LIST  08/08/2023 Date  Library Director printed name certifying accuracy of information  The following professional librarians* (minimum annual salary $41,429**) will be paid ini full ori in part from State Aid funds. Enter. numbers only. 25000 becomes $25,000.  Name: Position:  Salary:  Name: Position:  Salary:  Name: Position:  Salary:  *Professional librarians have received al Masters Degree in Library and Information Science. ** Pays salaries for professional positions funded from the Aidt to Public Libraries Fund at least at the minimum rate ofas salary grade of GN10, or equivalent, as established by the Office of State Human Resources.  Administrative Code, Title 7, Subchapter 21, Section .0201, Rule 7.  Add Page State Library, of North Carolina  State Aid Deadline 9/15/2023 Need help with this form? Contact: sladmin@ncder.gov  SLNC    Library Director State Aid  FORM E Certification I FY2023-2024  Bys signing Form E, the Library Director certifies the accuracy of all information on Forms A-D. Note: Sign this form ONLY after entire application is completed. Once signed, the application will lock and no additional information can be added. Contact  sladmin@ncder.goy with any issues.  How Do ISign?  Ifyou don't have a Digital Signature Identity set up, you can simply sign the forms by selecting the icon to "Sign document by typing or drawing a signature":  00 6/8 000 103%  3 E  E / (6) 63  OR Click the: signature fieldtos setup a Digital Signature Identityto: sign.  Beth List Library Director Signature  Digitally signed by Beth List Date: 202308.08123934-0400  Date  OFFICE USE ONLY Applicationrevewed & accepted  Name Date  State Aid Deadline 9/15/2023 Need help with this form? Contaxtsiadminencergo.  State Library, of North Carolina  SLNC    FORM F Compliance with State Aid Eligibility Rules I FY2023-2024  07 NCAC 021 .0201 QUALIFICATIONS FOR GRANT ELIGIBILITY  (1) Be established pursuant to Article 14, Chapter 153A oft the North Carolina General Statutes; (2) Provide library services in compliance with applicable State andi federal lawt to all residents of the political subdivision(s) supporting the library. Public library services shall be provided from at least one designated facility with a cataloged collection that is open tot the public ar minimum of 40 hours per (3) Employa a full-time library director having or eligible for North Carolina publicl librarian certification. For the purpose of this Rule,' "full-time" means workinga a minimum of 35 hours per week; (4) Secure operational funds from local government: sources atl leaste equal tot the average amount budgeted and available for expenditure for the previous three years. Agrant to al locall library system from the Aidt to Public Libraries Fund shallr not be terminated buts shalll be reduced proportionately by the Department ift the amount budgeted. and available for expenditure by! local governmenti is below the average oft thep previous threei fiscaly years. State funds shall not replace local funds budgeted and available for expenditure for public (5) Secure aggregate operational funds from local sources that are at least equal to State aid; (6) Expend funds as authorizedi int the! budget adopted by the Board of Trustees ofal Regional Library, a County, or al Municipality./ Any library having an unencumbered operational balance of more than 17 percent oft the previous year's operating receipts shall have the difference deducted from its State allocation; (7) Pay salaries for professional positions funded from the Aid to Public Libraries Funda at least at the minimum rate ofa as salary grade of GN10, or equivalent, as established by the Office of State Human Resources; (8) Providei tot the State Library of North Carolina an annual audit of the political subdivision(s) funding the (9) Submit to the State Library of North Carolina a copy oft thel bylaws oft thel library system's Board(s) of (10) Submit a current long-range plan of service to the! State Library of North Carolina, Fort the purpose oft this Rule, a' "long-range plan of service" is a plan ofa atl least fivey years. Upon request, the library shall submit an assessment ofa a community's library: needs to the! State Library of North Carolina; (11) Submit a copy oft the agreement establishing thel library system, if composed of moret than one local (12) Meet thet following when establishing a new library or re-establishing eligibility for the Aid to Public Libraries (a) meet all requirements of this Rule on) July1 of they year prior to thet fiscal year that the library (b) continue to meet all requirements oft this Rule from) July 1t to) June 30 oft that year, which: shall be (C)f file at fulla application for State Aid! by theJ June 30 deadline at the close oft the demonstration  week;  library operations;  library consistent with generally: accepted accounting principles;  Trustees;  governmental unit; and Fund: plans to receive! State aid; known as the "demonstration; year"; year in order to receive State aid int the nextf fiscal year.  The type of library and its governance determine the signature required on this document: County Library: Chair of County Commissioners Regional Library: Chair of Regional Board of Trustees Municipal Library: Chair of Town/City Council Independent County Library: Chair of Board of Trustees  KIRK SMITH (Printed Name) certify that and  CHAIR OF COUNTY COMMISSIONERS  (Title)  LEE COUNTY LIBRARIES (Library Name)  meets the above requirements 08/3410033  applies forfunding from the Aidt to Public Libraries fund.  LEE CoCNTy Ronno CHAIMAR  KorizedOfficials gnature-Notl Library Director)  (Date) SLNC  BaDhaes  State Aid Deadline 9/15/2023 Need help with this form? Contact sladmin@ncdcr.gov  State! Library, of North Carolina    MEMO1 TO: FROM: SUBJECT: DATE:  LEE COUNTY BOARD OF COMMISSIONERS LISAN MINTER, LEE COUNTY MANAGER BUDGET AMENDMENT# 8/21/23/02 August 21,2 2023  SECTIONI. THEF FOLLOWING GENERALI FUND( (1100) REVENUE! INCREASES AREH HEREBY APPROVED:  CURRENT BUDGET 3,000,000 88,990  NEW CHANGE BUDGET 569,913 3,569,913 56,425 56,425 74,705 163,695 701,043  DEPARTMENT HEALTHDEPT HEALTHDEPT  ACCOUNT#  DESCRIPTION TOTALO CHANGES  FUNDI BALANCEAPPOPHRATED 1100-3990-39900 Fund Balance  1100-3510-33720 NCCARES: 360GRANT 1100-3510-33380 DEHNR GENERAL ADMIN  SECTIONII. THE FOLLOWING GENERAL FUND (1100) EXPENSEI INCREASES ARE HEREBYA APPROVED:  CURRENT BUDGET  NEW CHANGE BUDGET 1,500 1,500 1,800 1,800 1,500 1,500 50,125 50,125 1,500 1,500 125,000 125,000 9,562 20,562 210,000 210,000 166,523 381,443 7,600 62,600 51,228 780,728 51,005 622,198 3,902 47,598 6,555 79,676 2,551 31,003 10,692 115,474 701,043  DEPARTMENT NCCARES NCCARES NÇCARES NCCARES NCCARES PLANNING SOCIALS SERVICES PARKS ANDR REC GENERAL SERVICES GENERAL SERVICES HEALTH HEALTH HEALTH HEALTH HEALTH  ACCOUNT# 1100-5112-43410 TRAVEL 1100-5112-43510 TELEPHONE 1100-5112-43540 PRINTING 1100-5112-43960 CONTRACTEDS SERVICES 1100-5112-44100 OFFICE DEPTS SUPPLIES 1100-4912-44720 COMMUNITY PROJECT 1100-5313-45610 INCENTIVES 1100-6120-46800 FACILITY DEVELOPMENT 1100-4262-43330 MAINTANCE-GROUNDS 1100-4262-46200 BUILDINGI IMPROVEMENTS 1100-5100-41200 SALARIESA ANDI WAGES 1100-5100-42100 FICA 1100-5100-42210 RETIREMENT 1100-5100-42220 401KF RETIREMENTI PLAN 1100-5100-42300 GROUPI INSURANCE  DESCRIPTION  11,000 214,920 55,000 729,500 571,193 43,696 73,121 28,452 104,782 CURRENT BUDGET  HUMAN SERVICES REVLOSS 1100-5816-48385 OUTREACHMISSION  TOTAL CHANGES DESCRIPTION TOTAL CHANGES DESCRIPTION  SECTIONI III. THE FOLLOWINGI DRUG SEIZURE (2110) REVENUE INCREASES ARE HEREBY APPROVED:  NEW CHANGE BUDGET 20,000 20,000 20,000  DEPARTMENT DRUG SEIZURE FBA APPROP  ACCOUNT#  2110-3990-39900 DRUG SEIZURE FUNDE BALACE  SECTIONIV. THE FOLLOWINGI DRUG AND: SEIZURE FUND (2110) EXPENSE! INCREASES ARE HEREBY APPROVED:  CURRENT BUDGET  NEW CHANGE BUDGET 5,000 5,000 5,000 5,000 5,000 5,000 3,000 3,000 2,000 2,000 20,000  DEPARTMENT PUBLICSAFETY PUBLICSAFETY PUBLICSAFETY PUBLICSAFETY PUBLICSAFETY  ACCOUNT#  2110-4310-44230 OFFICERSUPPLIES 2110-4310-46400 CAPITALOUTLAY 2110-4310-46412 TECANOIOYE0SS05893 2110-4310-46415 EQUIPMENT <$500 2110-4310-46416 TECHNOLOGYI EQUIPMENT <$500  TOTAL CHANGES  ÇOUNT P nas  KIRK  HALEYH HALL, CLERKI TOTHE BOARD gtnel    OCCUPATIONAL HEALTH SERVICES AGREEMENT  This Occupational Health Services Agreement (the "Agreement") is made and executed on the dates set forth below the parties' signatures, to be made effective on the last date of signature (the "Effective Date"), by and between DLP Central Carolina Medical  Group, LLC( (the' "Practice"): and Lee County Government (the "Client").  RECITALS:  WHEREAS, Client desires to effectively contain operational expenses andi increase organizational productivity by providing WHEREAS, Client is need of providers that are qualified and duly licensed to provide such occupational health services to its WHEREAS, Practice employs or otherwise contracts with certain health care providers who are qualified and duly licensedt to WHEREAS, Client desires to acquire certain occupational health services from Provider, and Provider desires to provide such NOW THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt ands sufficiency  certain occupational health services toi its eligible employees;  eligible employees;  provide occupational health: services; and  services to Client as more particularly: set forth! herein.  of which is hereby acknowledged, the parties hereto agree as follows:  Section 1- Description of Services.  1.1 Services. Practice will provide the occupational health services as set forth in Exhibit A, attached hereto and incorporated herein by reference to Client's eligible employees. Practice will provide Medical Directorship oversight of the occupational health: services program as set forth in Exhibit B, attached hereto and incorporated herein byr reference (collectively, the  "Services").  Section 2- Compensation; Billing.  2.1 Compensation. In consideration of the Services provided by Practice hereunder, Client shall pay Practice thet fees set forth in Exhibit A (the "Compensation". The parties acknowledge anda agreet that the Compensation being paid! by Client hereunderis fair market value for the services being provided by Practice and that such Compensation has not been determined in a matter that takes into account the volume or value of patient referrals or heaith care business generated between Client and Practice and/or any 2.2 Billing. Practice willl be responsible to submit invoices directly to Client for whom the services are provided based on Practice's then-current policies. Invoices submitted by Practice shall be rendered to Client on a monthly basis, and payment shall be duet thirty (30) days from Client's receipt of suchi invoices. Each invoice shall indicate the Services provided andi rate charged to Client.  oft theira affiliates.  Section 3-1 Term; Termination. (the "Initial Term").  3.1 Term. This Agreement shall commence on the Effective Date ands shall continue for a period of one (1) yeart thereafter 3.2 Termination Without Cause. Either party may terminate this Agreement, without cause, by providing not less than sixty (60) days' prior written notice stating the intended date oft termination. Int the event that either party terminates this Agreement during the first year of the Initial Term, the parties shall not enter into a different agreement for the same services until the first 3.3 Termination by Practice. Without limiting any of Practice's other termination rights under this Agreement, Practice may immediately terminatei this Agreement ini the event that: (a) Client, if applicable, undergoes a general assignment for benefit of creditors, files a petition for relief in bankruptcy or under similar laws for the protection of debtors, or upon the initiation of such proceedings against Client if the same are not dismissed within forty-five (45) days of service; (b) Medicare, Medicaid, or any other  anniversary of the Effective Date.  Rev. 6.5.2019 4818-0747-5348.3  8/21/2023 - Final - Documient ID 92571 - Page 1 of 8    federal, state, or local legislative or regulatory authority adopts any rule, regulation, policy, procedure or interpretation thereof that, ona advice of Practice's fiscal or legal counsel, requires that this Agreement or any Exhibit be terminated; or (c) Practice closes orl loses 3.4 Termination for Material Breach. In addition to any other termination rights that either party may have under this Agreement, either party may terminate this Agreement at any time in the event the other party engages in an act or omission constituting: a material breach of anyt term or condition ofthis Agreement." The party electingt tot terminate this Agreement: shall provide thet breaching party with written notices specifying ther nature of the! breach. Thel breaching party shallt then havet twenty (20) days from the date oft the notice in which to remedy the breach and conform its conduct to this Agreement or the applicable Exhibit(s). Ifs such corrective actioni is not taken within thet times specified, this Agreement. shallt terminate att thee end oft thet twenty (20) day periodv without 3.5 Effect of Termination. Upon any termination of this Agreement, neither party shall have further rights against, or obligations to, the other party except with respect to any rights or obligations accruing prior to the date and time of termination and any obligations, promises or agreements that expressly extend beyond the termination, including, but not limited to, those set outin  Medicare certification.  further notice or demand.  Section 5, 6.6, and 6.8. Section 4- Change of Circumstances.  4.1 In the event that Medicare, Medicaid, any third party payor or any federal, state or local legislative or regulatory authority adopts anyl law, rule, regulation, policy, procedure ori interpretationt thereof that establishes a material change to the manner ofeither party's operations under this Agreement or an Exhibit and/ori the costs related thereto, then upont the request ofe either party materially affected by any such change in circumstances, the parties shall enter into good faith negotiations for the purpose of establishing such amendments or modifications as may be appropriate in order to accommodate the new requirements and change ofc circumstances while preserving the original intent oft this Agreement: and/ort thea applicable Exhibit(s)t tot the greatest extent possible. If, after thirty (30) days of such negotiations, the parties are unable to reach an agreement as to how or whether this Agreement and/or the applicable Exhibit(s): shall continue, then either party may terminate this Agreement and/or the applicable Exhibit(s) upon  thirty (30) days' prior written notice. Section 5- Insurance; Indemnification.  5.1 Tot thee extent provided byt the law, each party hereby agrees toi indemnify (the' 'Indemnifying Party") )and hold harmless the other party (the 'Indemnified Party") from and against any claim, damage, loss, expense, liability, obligation, action or cause of action, including reasonable attorneys' fees and reasonable costs of investigation, that the Indemnified Party may sustain, pay, suffer or incur by reason of any negligent act or omission of the Indemnifying Party in connection with services provided and duties 5.2 Client and Practice shall each (i) maintain int force at allp pertinent times ate eachp party's sole expense a policy of general and professional liability insurance int the minimum amount of Onel Million and 00/100 Dollars ($1,000,000.00) per occurrence, Three Two Million and 00/100 Dollars ($2,000,000.00) in the annual aggregate and (ii) if applicable, participate in the appropriate state compensation fund. Each party shall also maintain workers' compensation insurance for its employees in accordance with applicable State requirements. Each party shallf furnish, at the other party's request, certificate(s) ofi insurance evidencing the aforementioned 5.3 Each party agrees, and iti is the stated intent of each party, that they shall only be liablet to the other party under this Section for the proportionate liability or representative share of negligence allocated to such party based on the negligent acts or omissions of each party. If such allocation is not determined by a court of competent jurisdiction and the parties in good faith are otherwise unablet to agree to sucha allocations, either party hereto may! bring an action, including a summary or expedited proceeding,  undertaken under this Agreement, including any claims for personal injury or wrongful death.  coverage.  toc compel binding arbitration of such matter.  5.4 Each party specifically reserves any common law right of indemnity and/or contribution that either party may have  against the other. Section 6- Miscellaneous. Rev. 6.5.2019 4818- 0747-5348.3  8/21/2023 - Final - Document ID 92571 - Page 2 of 8    6.1 Entire Agreement Amendment; Counterparts. This Agreement contains the entire agreement of the parties hereto and supersedes allp prior agreements, contracts and understandings, whether written orc otherwise, between the parties relating tot the subject matter hereof and may not be amended or modified except by the mutual written agreement of the parties. This Agreement maye eachb be executedi inc one orr more counterparts, eacho ofv whichs shall be deemed: an original, buta allofwhichtogethers shall constitute 6.2 Partial Invalidity; Waiver. In the event any provision of this Agreement is found to be legally invalid or unenforceable for any reason, the remaining provisions of the Agreement shall remain int fullf force and effect provided the fundamental rights and obligations remain reasonably unaffected.. A waiver by either party ofa al breach or failure to perform hereunder shall not constitute a 6.3 Assignment. Client may not assign any of its rights or obligations hereunder without the prior written consent of Practice. Practice may assign this Agreement to anys successor to all, or substantially all, of Practice's operating assets or to any affiliate of Practice. This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective suçcessors and  one and thes same instrument.  waiver ofa any subsequent breach or failure.  permitted assigns.  6.4 Independent Contractor, The parties are performing services and duties under this Agreement as independent 6.5 Regulatory Requirements. The parties expressly agree that nothing contained in this Agreement shall require either party to refer or admit any patients to, or order any goods or services from the other. Notwithstanding any unanticipated effect of any provision of this Agreement, neither party will knowingly or intentionally conduct itself in such a manner as to violate the prohibition against fraud and abuse in connection with the Medicare and Medicaid programs (42 U.S.C. $1320a-7b). 6.6 Access to Records. As and to the extent required by law, upon the written request of the Secretary of Health and Human Services, the Comptroller General or any of their duly authorized representatives, each party shall make available those contracts, books, documents and records necessary to verify the nature and extent of the costs of providing services under this Agreement. Such inspection shall be available for up tof four (4) years after the rendering of suchs services. Ifa party carries out anyo of the duties oft this Agreement through as subcontract witha ay value of $10,000.00 or more over a twelve (12) month period witha a related individual or organization, such party agrees toi include this requirement in any such subcontract. This section isi included pursuant to andi is governed by the requirements of 42 US.C.51395xl0): and the regulations thereto. No attorney-client, accountant-dlient, or 6.7 Notices. Any notice required or permitted to be given hereunder shall be in writing and may be given by: (1) hand delivery and shall be deemed given on the date of delivery; (2) registered or certified mail and shall be deemed given thet third day followingt the date ofmailing; or (3) overnight delivery by reputable overnight delivery service such as Federal Express or UPS ands shall be deemed given thet following day. All notices to Client or Practice shall be addressed to Client's Address and Practice's Address as set forth on the signature page of Agreement, together with a required copy to 330 Seven Springs Way, Brentwood, TN 37027, 6.8 Alternate Dispute Resolution. The parties firmly desire to resolve all disputes arising hereunder without resort to litigation in order to protect their respective business reputations and the confidential nature of certain aspects of their relationship. Accordingly, any controversy or claim arising out of or relating to this Agreement shall be settied by arbitration administered by the American Health Lawyers Association in accordance with its rules. The award or decision rendered by the arbitrator will be final, binding, and conclusive, and judgment may be entered upon such award by any court of competent jurisdiction. The arbitration process itself, and any other information or disclosures revealed by either party to the arbitrator or to the other party during the arbitration process willl be confidential. No disclosure of the award shall be made by the parties except as required byt thel law or as necessary or appropriate to effectuate the terms thereof. The location of such arbitration shall be in the city where the Practice is located unless the parties mutually agree to another location. The dispute shall be governed by thel laws of the State. Further, the prevailing party shall be entitled to recover: all costs ande expenses associated witha arbitration, including reasonable attorneys' fees. If the arbitrator determines that neither party has substantively prevailed, the parties shall bear equally the fees and costs of the arbitrator and the relatede expense of arbitration. This section specifically: survives the termination of this Agreement. 6.9 Third-Party Beneficiaries. This Agreement is entered into for the sole benefit of Practice and Client. Nothing contained herein ori int the parties' course of dealings shall be construed as conferring any third-party beneficiary: status on any person or entity  contractors and not as employees, agents, partners of, or joint ventures with the other.  other legal privilege will be deemed tol have! been waived by either party by virtue of this Agreement.  Attention: Chiefl Legal Officer.  not ap party to this Agreement, including, without limitation, any of Client's eligible employees.  Rev. 6.5.2019 4818- 0747-5348.3  8/21/2023 - Final - Docunient ID 92571 - Page 3 of 8    6.10 Confidentiality To the maximum extent allowed by! law and tot the extent consistent with Client's legal obligations as al local government, Client acknowledges and agrees that this Agreement is confidential. Neither Client nor any of its employees, agents, or representatives: shall disclose this Agreement or any terms hereoft to any third parties except as may ber necessary to obtain advice and counseling from its attorneys, accountants or financial advisors or as may otherwise be required through legal process. Additionally, during thet term oft this Agreement, Client willl have access to and become acquainted with confidential information and trade secrets of Practice, including information and data relating to payor contracts and accounts, clients, patients, patient groups, patient lists, billing practices and procedures, business techniques and methods, strategic plans, operations and related data (collectively, "Trade Secrets"). All Trade Secrets are the property of Practice and usedi in the course of Practice's business, and shall be proprietary information protected under the Uniform Trade Secrets Act. Neither Client nor any of its employees, agents, or representatives shall disclose to any person or entity, directly or indirectly, either during thei term of this Agreement or at any time thereafter, any Trade Secrets, or use any Trade: Secrets other than int the course of provision of services under this Agreement. 6.11 Governing Law. This Agreement shall be governed by thel laws of the statei in which Practice is located (the "State"). 6.12 Compliance. Client represents and warrants that (i) neither it nor any ofi its officers, directors, or managing employees is excluded, debarred or otherwise ineligible to participate in Medicare, Medicaid or any other federal or state healthcare programs or in any federal or state procurement or non-procurement programs; and (i)r neither itr nor any ofi its officers, directors, or managing employees has been convicted ofa criminal offense related to the provision of federal health care items or services that could leadt to debarment ore exclusion. Client acknowledges and agrees this is an ongoing representation and warranty and a material term of the Agreement. Any breach or nonfulfillment ofs same will entitle Practice toi immediately terminatei this Agreement. disability or age in admission, treatment, program participation, services, activities or employment.  6.13 Non-Discrimination. Neither party shall discriminate against any person on the basis of race, color, national origin, 6.14 Master Contract Database. To the extent required by 42 C.F.R. 5 411.357/d)(1)0), all service agreements between Practice and Client are maintained electronically in a master contract database that is maintained and updated centrally and is 6.15 Promotion/Pabication. Neither party shall use the name of the other party or the name of other party's parent company, subsidiaries, or affiliated facilities in any advertisement, press statement, or release, website, published customer list, or any publication or dissemination: similar tot thef foregoing without receiving ina advance thee express written permissioni from the other party. Any request for permission should include the complete text of the publication, statement, or document in which the name 6.16 Physician Ownership. Client represents and warrants, at the time of execution of this Agreement, that none of its owners are physicians (publicly-traded stock excepted), that create, or might create, a referral relationship to the Practice in violation oft the federal and state fraud and abuse laws and regulations; and further, that fort the duration oft this Agreement, Client shall notify the Practice of any change ini its ownership structure that would result int the creation of such a referral relationship. 6.17 HIPAA. Practice is being engaged solely for the provision of protessional services, which the parties agree constitutea a "treatment use" of "protected health information." Practice will inform Client in the event that Practice is asked to perform any administrative services that would make Practice al business associate of Client (as defined under the federal privacy regulations set forth at 45 C.F.R. Part 160 and Part 164 (the "HIPAA Privacy Regulations"). In the event that Practice is deemed a business associate  available for review upon request by an authorized governmental official.  usage willa appear and be: subject to edit by the other party.  of Client, Client and Practice wille enter into Practice's form Business Associate. Agreement.  [signatures appear on following page]  Rev. 6.5.2019 4818-0747-5348.3  8/21/2023 - Final - Docuntent ID 92571 - Page 4 of 8    IN WITNESS WHEREOF, Practice and Client have duly executed this Agreement as of the dates set forth below, and each of the 1) As oft the date of thes signatures below, this Agreement constitutes a binding agreement to perform services as oft the Effective Date and may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together 2) The compensation arrangement is established at fair market value for the Services to be rendered, and this Agreement is for 3) This Agreement supersedes all prior agreements, contracts and understandings, whether written or otherwise, between the parties relating to thes subject matter hereof and does not condition the payment or the arrangement on the volume or value 4) Until the. Agreement is listed in Practice's Master Contract Database to the extent required by 42 C.F.R. S 411.357d)000,no 5) Upon the Effective Date of this Agreement, no payments shall be made and no services accepted beyond the terms of this  foregoing certifies that:  shall constitute one and the same instrument; Services that are needed and reasonable in scope;  ofa any referrals or other business generated between the parties; payment. shall be mader nor services accepted under this Agreement; and Agreement or thei terms of other company-approved. agreements between the parties.  DLP Central Carolina Medical Group, LLC  Lee County Government KIRE DSMrH A DtL nie: BOAns CHAIDMAN Date: og/a1/20a3  By:  By:  Name: Pamela. J.K Kane Date:  Address: 4095mPT DRNE SANFDM,NC  a7330  This instrument has been preaudited in the manner required byt the Local Government Budget and Fiscal Contract Act. Cudaykunan Finance Officer, Lee County  Rev. 6.5.2019 4818-0747-5348.3  8/21/2023 - Final - Docunfent ID 92571 - Page 5 of 8    OCCUPATIONAL HEALTHSERVICES  EXHIBIT A  This Occupational Health Services Addendum (the' Addendum") is attached to, made a part of, ande executed simultaneously with that  certain Agreement between the undersigned of even date herewith.  Section 1- Services Generally.  Practice wills support Client ini its goals to effectively contain operational expenses andi increase organizational productivity by providing occupational health services to Client and Client's eligible employees. Such occupational health services shall be limited to those occupational health services thata are provided by Practice toi its other similarly situated patients and will include those set forth on Exhibit B. As part of the Services, Practice shall provide guidance and resources in efforts to optimize the clinical experience for both Client andi its eligible employees. In addition, Practice will collaborate with Client to develop a mutually agreeable care delivery system that is intended to meet the reasonable Service needs of Client andi its eligible employees and willi introduce new evidence-  based practices as they become available. Section 2- Eligible Employees.  In order to be eligible to receive Services under this Agreement,: a person must () be a current employee of Client upon the day oft treatment or appointment (excluding retirees, volunteers, interns, etc.) and (i) provide Client-provided employee identification when seeking treatment under this Agreement (each such eligible employee an "Employee" and collectively, the "Employees").  Spouses and/or dependents of Employees are not eligible to receive services under this Agreement.  Section 3- Providers.  To facilitate the provision of occupational health services to the Employees hereunder, Practice will make available certain of itsp providers (each, a' "Provider"" and collectively, the Providers") to provide such services. The Providers will be Practice employees ord contractors, where all credentialing, supervision, and associated labor costs willl be the responsibility of Practice.  Section 4- Hours of Operation.  Practice shall provide the Services on as schedule as mutually agreed upon by both parties a minimum. average of Twenty (20) hours per week (the "Hours of Operation"). The Hours of Operation may be changed as needed, subject toi the mutual agreement of both parties. Patients seeking care for personal and/orv work-related injuries andi illnesses outside oft thel Hours of Operation shall seek care atal hospital emergency room or 911 fore emergent matters. For non-emergent personal and/or work-related injuries andi illnesses needing immediate attention outside oft the Hours of Operation, Client's employees shalls seek care from their primary care physicians'  offices and/or an urgent care center. Section 5- Emergencies.  All emergent matters shall be handled by calling 911. Practice shall not assume authority of the patient's care in these situations and shallf follow the protocol as mutually agreed upon by Practice and Client. The Providers can facilitate the transfer of patients to Practice's emergency department, but the parties acknowledge and agree that the Employees have the freedom to choose  any hospital, emergency department, or health care provider for their choosing.  Section 6- Consent and Authorization.  Employees receiving Services under this Agreement will (i) provide a signed Consent for Treatment form to one of the Providers and (ii) provide written authorization to one of the Providers which allows Practice, the Providers, and the Practice's other representatives to communicate with the Client and the Employee's their primary and/or ancillary provider(s) regarding the Services  provided tot the Employee pursuant to this Agreement.  Section 7- Supplies.  Client shall provide any expendable supplies, equipment, and services necessary for the proper operation of the Services. Additionally, Client shall be responsible for the maintenance and all associated costs of medications, vaccines, immunizations, etc. for  the proper operation of Services.  Rev. 6.5.2019 4818-0747-5348.3  8/21/2023 - Final - Dotument ID 92571 - Page 6 of 8    Section 8- Location of Services.  Practice. andi the Providers will provide the Services atl The Client's employeel health clinicl located on Client's property, or other agreed-upon location, where all associated Practice costs will be the responsibility of Client. The Practice and the Providers  willl have access to Client telephone andi internet networks at no additional fees to Practice.  Section 9- Compensation. following:  In consideration of the Services provided by Practice under the Agreement, Client shall pay Practice in accordance with the  PROVIDER. FEES ADDITIONALFEES  ANNUAL FEE $134,160 ANNUALFEE $12,000 $146,160  Provider Fee (Nurse Practitioner & Medical Assistant)  Medical Directorship  ANNUAL TOTAL  Section 10- Miscellaneous.  Capitalized1 terms usedi int this Addendum shall havet the same meanings asi int the Agreement unless otherwise defined herein.  Section 11 Signatures and Approvals.  Each of the undersigned hereby certifies:  1) 2) 4)  Ihave reviewed the Addendum described above;  As oft the date oft the signatures below, this Addendum constitutes al binding agreement to perform Services 3) The compensation arrangement is established. ati fair market valuet for the Services tol be rendered; and There are no agreements or understandings, whether written or oral, that condition the compensation ont the  as oft the Effective Date.  volume or value of any referrals or other business generated between the parties.  DLP Central Carolina Medical Group, LLC  Lee County Government KIRI KuDDuce BoAD GAINMAN oglal20a3  D.SMIT  By:  Name: Pamela. J. Kane Date:  itl Date:  Agunoo 007 180HO eoueuly EVIENuCOpogDUE; 1ebpng UBLUIBAOSBSOTE ayi Aq paunbe.. Jauuew ayyperpneeid ueaq sey quewrsur SI41 This instrument has been preaudited int the manner required by the Local Goverment Budget and Fiscal ContractA Act. Cauda Kvai FinanceOlficgr. Lee  Rev. 6.5.2019 4818-0747-5348.3  8/21/2023 - Final - Docament ID 92571 - Page 7of8 County    EXHIBITB Medical Director Services  Physicians shall serve as the Medical Director for Lee County Health Department Employer's Occupational Health Program (as used herein, the "Program"). Physician shall () provide direction in all phases of patient care; (i) actively support the Program; and (ii) provide the necessary physician coverage, without limitation, for the Program. Physician shall perform thet following specific duties related toi the  medical directorship (the "Medical Director Services) A. Perform annual review ofl labs services and lab procedures manual.  B. Review charts for the Program ina accordance with completion, that services are appropriate, and notations are accurate and that they  follow all applicable laws and regulations.  c. Ensure all applicable laws, regulations, and/or statutes applying to non- physician practitioners are followed.  D.F Participate as requested int the administrative functions as necessary to ensure the effective ande efficient management of the Program. E.P Participate as requested in Program's plans and programs adopted to assess andi improve the quality and efficiency of Program's services, including, but not limited to, quality assessment and improvement, utilization review, risk management, and infection control. F.F Provide such supervision, management, and oversight to the Program to assure that the professional services rendered meet or exceed G.P Participate as requested in the long-range planning of Program, including, but not limited to, equipment selection, budgeting, and H.F Provide medical consultation tot the Director and other managerial staff to assure that administrative procedures are compatible with  accepted standards of care. staffing. medical practices.  I.P Provide medical consultation to the Nursing Supervisor in matters of medical practices.  J.Inform Director ort their designee of planned absence fromi the community: atl least 2-weeks prior to absence and make arrangement for K.P Provide protocols, clinical policies, seven-day telephone consultation, and other written as well as verbal instructions for nurse practitioners, registered nurses, lab technicians and: sanitarians to assure compliance with general accepted legal, ethical, and L.Cooperate with Program regarding administrative, operational or personnel problems int the Program and promptlyi inform Program M. Assist Program with all regulatory issues pertainingt tot the: medical services provided by Central Carolina Medical Group as well as N. Assure the maintenance of accurate, complete, and timely patient and other records regarding the services to facilitate the delivery of o. Perform all other duties as reasonably assigned by Employer Program that pertain to the Medical Director Services and align with  ab back-up during absences. professional norms. leadership.  those required for services provided byt the Program.  quality patient care and provide the information required for Program to obtain payment fori its services.  Physiclansqualinzations,  Rev. 6.5.2019 4818-0747-5348.3  8/21/2023 - Final - Docement ID 92571 - Page 8 of8    RESOLUTION AUTHORIZING THE SALE OF PROPERTY  LOCATED ATOC CONE STREET  WHEREAS, the County ofL Lee owns certain vacant property located at 0 Cone Street, PIN: number 9653-40-6454-00, Lee County, North Carolina, as shown on a deed recorded in Deed Book 434, Page 75, in the office oft the Register ofl Deeds for Lee County, to which the record thereofreference is hereby made for more complete description; and, WHEREAS, the taxable value oft the property is $10,700.00; and,  WHEREAS, the above-referenced property was conveyed to the County as the result ofa WHEREAS, the amount of fees and taxes owed on the property as the result ofsuch sale WHEREAS, North Carolina General Statutes SS 153A-176 and 160A-269 permit the County to sell property by upset bid, after receipt of an offer to purchase the property; and, WHEREAS, the County ofLee proposes to dispose of the above described property as it WHEREAS, the County received an offer submitted by Thomas Bridges ("Offeror")to purchase the property described above in the amount of $4,500.00, plus any advertising costs, a  Sheriff's foreclosure sale; and, is $4,332.33; and,  is surplus to the County's needs; and,  copy ofwhich is attached hereto; and,  WHEREAS, Offeror has paid to the County Clerk the required 5 percent (5%) deposit on WHEREAS, the Lee County Board of Commissioners accepts the initial offer of WHEREAS, the Lee County Board ofCommissioners authorizes stafft to advertise the NOW,THEREFORE, BEI IT RESOLVED by the Lee County Board of Commissioners 1. The Lee County Board of Commissioners authorizes the sale of the property described above through the upset bid procedure ofNorth Carolina General Statute $160A-269.  its offer and $200.00 ofadvertising costs; and,  $4,500.00; and,  initial offer in any higher, upsetting offer, subject to the upset bid procedure.  as follows:    2. The County Clerk shall cause ai notice oft the proposed sale tol be published. The notice shall contain a general description oft the property, the amount and terms ofthe offer, and ai notice that within 10 days any person may raise the bid by not less than ten percent (10%) oft the first one thousand dollars ($1,000) and five percent (5%) ofthe 3. Persons wishing to upset the offer that has been received shall submit a sealed bid with their offer to the County Attorney's Office within 10 days after the notice ofs sale is published. The upset bid should be delivered to the County Attorney's Office located at 408 Summit Drive, Sanford NC 27330, on or before 5:00 p.m. on or before the 10th day following publication ofs said notice. Use oft the mail or any means of delivery is at the bidder's risk and any bids received after the deadline will not be considered. Any bid 4. At 5:00 p.m. on said date, the County Attorney/Deputy County Attorney shall open thel bids, ifany, and the highest such bid will become the new offer. Ifthere is more than one bid in the highest amount, the first such bid received will become the new offer. 5. A qualifying higher bid is one that raises the existing offer by not less than 10 percent (10%) oft the first $1,000 of that offer and 51 percent (5%) of the remainder of that offer. 6.A A qualifying higher bid must also be accompanied by a deposit in the amount of5 percent (5%)o ofthe bid and accompanying $200.00 for advertising costs. This amount 7. The County will return the deposit and advertising costs on any bid not accepted, and will return the deposit on an offer subject to upset ifa qualifying higher bid is received; however, once the actual advertising costs are incurred, those become non-refundable. 8. Ifa qualifying higher bid is received, the County Clerk shall cause a new notice of upset bid tol be published, and shall continue to do sO until a 10-day period has passed  remainder.  with conditions or terms will not be accepted or considered.  may be made: in cash, cashier's check, or certified check.  without any qualifying upset bid having been received. 9. The terms ofthe final sale are as follows:  a. b. C. d. e.  The buyer must pay with cash, cashier's check or certified check at the The property is sold "as is" with no conditions placed on the bid. Title to the subject property shall bei transferred to the buyer by a Non- The County Attorney does not perform title searches on the property and the Offeror can retain their own attorney to perform such title search.  time of closing. warranty deed.  Advertising fees are non-refundable once spent.  10. The Board of Commissioners may, at any time, reject any and all offers.    11. Ifno qualifying upset bid is received after the initial public notice and 10-day upset bid period has expired, the original offer willl be taken back to the Board for final approval and whereby the Board may authorize the appropriate County officials to  execute the instruments necessary to convey the property.  Dated this thedi day of August, 2023.  Smih, Chall  Lee County Board of Commissioners  Lhlte  ATTEST:  tuluptl Hailey Hall, Clerk Lee County Board ofCommissioners  OUA p    PROCLAMATION RECOGNIZING THE ACHIEVEMENTS OF  THE LEE COUNTY GYMNASTICS TEAM  WHEREAS, thel Lee County Gymnastics Team exhibited hard work, dedication, and exceptional talent in their recent WHEREAS, thirteen gymnasts! represented. Lee County and competed at the AAUI National Championship in Orlando, WHEREAS, during this competition, thel Lee County gymnasts received six gold, six silver, and nine bronze medals, along with two national champions who received first place in the. All-Around event division, one of which received WHEREAS, earlier in the season, the Lee County Gymnastics Team attended the AAU State Championship in Hickory, NC on May 6-7, facing over 1,000 fierce competitors at the highest division and levels; and, WHERAS, the Lee County gymnasts were successful and brought home their highest scores oft the season, resulting in the crowning of many state champions, including six gold medalists, eleven silver medalists, and ten bronze medalists, as well as one All-Around gold medalist who also achieved gold on the Bars, Beam, and Floor events and WHEREAS, on March 25-26, the Lee County Gymnastics Team sent 25 gymnasts to the. AAU Qualifier competition inl Lake Norman, NC, during which the gymnasts received 19 first place event medals in total from the Vault, Bars, Beam, and Floor events, as well as four gymnasts who received first place in the All-Around event competition for having the highest All-Around score in their division, and ini response to the gymnasts' hard work, five ofthe gymnasts WHERAS, the Lee County Gymnastics Team was victorious in their endeavors, held the values and morals ofLee County above all else, displayed grace in victory and dignity in defeat, and embodied the true meaning oft teamwork NOW, THEREFORE, the Lee County Board ofCommissioners hereby proclaim Tuesday, August 22nd, 2023 as. Lee County Gymnastics Team Day 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.  competitions and throughout the 2023 season; and,  FL, along June 30-July 3 with 3,000 gymnasts from across the country; and,  ap plaque and a pin for being the highest scoring gold in their session; and,  silver on the Vault event; and,  achieved an. All-Around score exceeding 37, which advanced them to the Elite Division; and,  and sportsmanship, which will carry them to suçcess in future seasons and in life; and,  Presented this 215 day of August, 2023.  Sirk D. Smith, Chair Lee County Board of Commissioners  hopbne  COUNT SE  ATTEST:  frilu tall Hailey Hall, Clerk tolthe Board  E    PROCLAMATION HONORING HISPANIC HERITAGE MONTH  WHEREAS, National Hispanic Heritage Month is celebrated nationwide from September 15th through October 15th each year. The observation began in 1968 as Hispanic Heritage Week under President Lyndon B. Johnson and expanded by President Ronald Reagan in 1988 to cover the month as it is celebrated today. It calls upon public officials, educators, librarians, and all' the people ofthe United States to observe this time with ceremonies, activities, and programs; and WHEREAS, since the 16thC Century, North Carolina saw Spanish Explorers by the names ofLucas Vasques de Ayilon, Hernando de Soto, Domingo Fernandez, Pedro de Coronas, Captain Juan Pardo, and Sergeant Hernando Boyano, leaving a long Hispanic legacy on our state, and WHEREAS, September 15th is significant because it is the anniversary of the independence of Costa Rica, El Salvador, Guatemala, Honduras, and Nicaragua. In addition, Brazil, Mexico, Chile, Belize, celebrate their Independence Days on September 7th, 16th, 18+h, and 21St respectively. Therefore, the observance of National Hispanic Heritage Month celebrates the culture and traditions of people whose ancestry can be traced to Spain, Mexico, Central America, South WHEREAS, during 2020, the U.S. Census Bureau counted 13,122 Hispanic residents in Lee County out of population of 63,285 people, or about 20.7% oft the county'sresidents identified as WHEREAS, Lee County recognizes the unique and vital role our Hispanic and Latino residents play in the fabric of our economy and workforce, as well as our faith communities and social NOW, THEREFORE, BE IT RESOLVED, that the Lee County Board of Commissioners hereby proclaims September 15th through October 15tha as Hispanic Heritage Month in Lee County  America, and the Caribbean islands; and  Hispanic /Latino; and  tapestry; and  and urges its residents to enjoy this cultural celebration. Presented this 211 day of August, 2023.  Mpb CL Kirk D. Smith, Chair Lee County Board of Commissioners  ATTEST:  ECOUIE 8L1997  BE  fulw L Hailey Hall, Clerk to the Board    Chapter 4 Lee County Code Animals Article I. In General  Sees 4-1 thru 4-30 Reserved.  Article II. Animal Services Division 1. Generally.  Sec. 4-31 Animal Services; Establishment and Composition. Sec. 4-32 Authority and duties of Animal Services.  Sec. 4-33 Definitions * Sec. 4-34 thru 4-36 Reserved.  Division 2. Unlawful and Prohibited Acts.  Sec. 4-37 Cruelty to animals. Sec. 4-38 Abuse of animals. Sec. 4-39 Teasing and molesting of animals. Sec. 4-40 Animals creating nuisance. Sec. 4-41 Animals running at large.  Sec. 4-42 Possession or release of inherently dangerous exotic Sec. 4-43 Allowing dangerous animals to be unrestrained. Sec. 4-44 Failure to report certain acts by dangerous animals. Sec. 4-45 Operating an attack training facility. Sec. 4-46 Failing to provide proper shelter for horses and dogs. Sec. 4-47 Signage required for animals used for sentry or guard Sec. 4-48 Interference with entorcement of Chapter.  animals.  duty.  Sec. 4-49 Stray animals Sec 4-50 thru 4-60 Reserved. Sec. 4-61 Tethering. Sec. 4-62 Enclosures. Sec. 4-63 Secure Enclosures. Sec. 4-64 thru 4-90 Reserved.  Division 3. Standards.  Division 4. Rabies Control.  Sec. 4-91 Compliance with state law required.  Sec. 4-92 thru 4-120 Reserved. Division 5. Impoundment, Redemption, and Adoption of Animals. Sec .4-121 Impoundment. Sec.4-122 Notice of impoundment. Sec.4-123 Redemption by owner of impounded animal. Sec -4-124 Disposition of unredeemed animal. Sec .4-125 Reclaim, Quarantine, and Adoption Procedures. Sec.4-126 Suspected rabid animal not to be redeemed or adopted  Sec 4-127  1    Chapter 4 Lee County Code Animals  thru 4-160 Reserved.  Article III. Service Fees and Enforcement. Division 1. Service Fees and Fines.  Sec.4-161 thru -190 Reserved. Sec. 4-191 Fees and Fines.  Division 2. Enforcement.  Sec. 4-194 Enforcement Responsibility. Sec. 4-195 Authorized Enforcement Actions.  2    Chapter 4 Lee County Code Animals ARTICLE I. IN GENERAL  Sec. 4-1 thru 4-30. Reserved.  ARTICLE II. ANIMAL SERVICES DIVISION 1. GENERALLY  Sec. 4-31. Animal Services; establishment and composition.  (a) There is hereby created the Animal Services section of the county which shall be composed of such number of employees as shall be determined by the board of commissioners. Unsworn Animal Services employees shall be appointed by the health director and compensated in accordance with the personnel policies of the county. Sworn Animal Services employees shall be appointed by the Lee County Sheriff and compensated in accordance with (b) Employees or agents enforcing this Chapter shall be designated as Animal Services Officers. In the performance of their duties, Animal Services Officers shall have all powers, authority and immunity granted under this Chapter and by the general laws of this State to enforce the provisions of this Chapter, and the General Statutes of North Carolina as they relate to the care, treatment, control or impounding of animals. (c) Except as may be otherwise provided by statutes, local laws or ordinances, no law enforcement officer, or Animal Services Officer or agent enforcing the provisions of this Chapter or other applicable state laws shall be personally liable for any damage that may accrue to persons or property as a result of any act required or permitted in the discharge  the personnel policies of the county.  of their duties, unless he acts with actual malice. Sec. 4-32. Authority and duties of Animal Services.  (a) Sworn Animal Services Officers shall be charged with the  responsibility of:  (1) Enforcing, in this county, all state laws, and county ordinances and resolutions relating to the care, custody and control (2) Assisting in the enforcement of the laws of the state with regard to animals and especially with regard to the vaccination of animals against rabies and the confinement or controlling of dangerous animals and inherently dangerous exotic animals; (3) Investigating animal cruelty and abuse;  of animals;  (4) Making such canvasses of the county, including the homes in the county, as it deems necessary for the purpose of ascertaining that all animals are vaccinated against rabies as required by local  ordinance o1 state statutes.  3    Chapter 4 Lee County Code  (b) It shall be the duty of sworn and unsworn Animal Services Officers, as their assigned duties require, to keep, or cause to be kept, records  of:  (1) The impoundment and disposition of all animals coming into the county animal shelter and other shelters that may' be used by the (2) Bite cases, violations of state law or county ordinance, (3) All monies belonging to the county derived from the collection of service fees authorized by this Chapter and fines and convictions for the violation of the criminal provisions of this Chapter, and; (4) Any other matter related to the operation of Animal Services as directed by the health director of Lee County or the Sheriff of  county;  complaints and investigations of complaints;  Lee County, as appropriate.  Sec. 4-33. Definitions.  The following words, terms and phrases, when used in this Chapter, shall have the meanings ascribed to them in this Section, except where the context Altered means an animal that has been surgically spayed or neutered. Animal shelter means any premises designated by the county for the purpose of impounding and caring for all animals found running at large or otherwise subject to impoundment in accordance with the provisions of this At large means the animal is on the property of a person other than the animal's owner without that person's consent and not under the physical Attack means the approach of an animal, on or off its owner's property, toward a person in a vicious, terrorizing or threatening manner, or apparent attitude of attack, without the animal having been teased, molested, provoked, beaten, tortured or otherwise harmed. Attack training facility means a place operated by any person that is used for boarding, breeding, selling or training dogs or other animals in mode of attack, except for facilities providing canine law enforcement training or supporti or training for lawful, organized canine sports and competition; or training of personal protection canines under the guidance of a certified trainer, and that are members in good standing of the National Tactical Police Dog Association, the Protection Sports Association, or other national accrediting organization approved by the Dangerous animal means any animal that without provocation has killed 01 inflicted severe injury on a person; or is determined by the Animal Services Supervisor or Appeals Board, as provided for in Section 4-43, potentially dangerous because the animal has engaged in one or more of the following behaviors: inflicted a bite on a person that resulted in broken bones or disfiguring lacerations or required cosmetic surgery or  clearly indicates a different meaning is intended:  Chapter.  control of its owner or another competent person.  Lee County Health Director.  4    Chapter 4 Lee County Code Animals  hospitalization, killed or inflicted severe injury upon a domestic animal when not on the owner's real property; or approached a person when not on the owner's property in a vicious or terrorizing manner in an apparent Domestic animal means any of various animals domesticated by men so as to live and breed in a timely condition, including but not limited to horses, Health Director means the director of Lee County Public Health Department. Inherently dangerous exotic animal is any member of the canidae, felidae or ursidae families, including hybrids thereof, which due to their inherent nature, as generally described below, may be considered dangerous to humans, and any member of the class reptilia which is venomous or the order of Crocodilia. Inherently dangerous exotic animals include, but are  attitude of attack.  sheep, cattle, goats, hogs, poultry, cats, and dogs.  not limited to:  (a) Canidae including any member of the dog (canid) family not customarily domesticated by man, or any hybrids of such canidae, thereof, including Wolf hybrids, which are a cross between a wolf and a domestic dog, but not including domestic dogs (Canis (b) Felidae including any member of the cat family weighing over fifteen (15) pounds not customarily domesticated by man, e.g-, lions, tigers, cougars, cheetahs, pumas, or any hybrids of such felidae, but not including domestic cats (Felis catus) i (c) Ursidae including any member of the bear family, or hybrids of (d) A venomous reptile including all members of the families Helodermidae (e.g., gila monsters and Mexican bearded lizards), Viperdae (vipers), Crotalidae (pit vipers), Atractaspidae (burrowing asps), Hydrophilidae (sea snakes), and Elapidae (cobras, coral snakes, and their allies), as well as any "rear fanged" snakes of the family Colubride that are known to be dangerous to humans e.g., Dispholidus typus (boomslang), Thebtornis kirtlandii (Twig snake) (e) Members of the order of Crocodilia (e.g., crocodiles,  Familiaris;  such ursidae;  and Rhabdophisspp (keelbacks), and; alligators, and caiman).  Exposed to rabies means an animal, except for a human being, which has been bitten by or been exposed to any animal known or reasonably suspected Microchipped means to permanently implant a radio-frequency identification chip into an animal containing information identifying the animal's owner. Neutered means any male animal which has been operated upon to prevent Owner means any person keeping, having charge of, sheltering, feeding, harboring or taking care of any animal for 72 hours or more. Jf the owner  to have been infected with rabies.  conception.  5    Chapter 4 Lee County Code Animals  of an animal is a minor, the parent or guardian of such minor shall be  considered the animal's owner. Person means an individual human being. Restraint means an animal that is:  Pet means a domesticated animal kept for pleasure rather than utility.  (1) Controlled by means of a tether or leash; (2) On or within a vehicle being driven; (4) Within the dwelling house of the owner.  (3) Within an enclosure or a secure enclosure as defined in this  Chapter; or  Secure enclosure means a structure as defined in Section 4-63. A dwelling place, garage, out-building or similar structure is not considered to be a Spayed means any female animal which has been operated upon to prevent Stray means any dog or cat that appears stray, homeless or unwanted, and any dog that is not displaying a valid rabies tag, except when the dog is being displayed or performing at a show, hunting, performing at obedience trails, tracking tests, field trials, schools or other similar events sanctioned and supervised by a recognized organization. Tethered or Tethering means attaching an animal to a stationary object by means of a chain, cable, rope, or similar device.  secure enclosure. conception.  Division 2. Unlawful and Prohibited Acts.  Sec.4-37. Cruelty to animals.  (a) It is unlawful for any animal owner or other person to fail to comply with North Carolina General Statutes Sections 14-360 thru 14-401, as may be amended, prohibiting animal cruelty. Criminal punishment for violations of the animal cruelty statutes shall be as provided for by (b) An animal cruelty investigator may be appointed by the county board of commissioners as provided for under North Carolina General Statute Section 19A-45. This person shall have the responsibility for carrying out the defined duties of an animal cruelty investigator as mandated by North Carolina General Statute Sections 19A-46 thru 19A-47. Animal Services may be requested to accompany the investigator on animal  North Carolina law.  seizures.  Sec. 4-38. Abuse of animals.  (a) It is unlawful for the owner of any animal to fail to:  (1) Provide at suitable intervals, and at least once every twenty- four (24) hours, a quantity of wholesome foodstuff suitable for the species' physical condition and age, and sufficient to maintain an  adequate level of nutrition for the animal; and  6    Chapter 4 Lee County Code Animals  (2) Provide continuous access to a supply of clean, fresh, potable water, either free-i flowing or in a receptacle. If pans or dishes are used as receptacles, they must have weighted bottoms or be mounted or secured in a manner that prevents tipping; and (3) Provide proper shelter for the animal as defined in this (4) Provide veterinarian care and medical treatment for debilitating injuries, parasites and disease sufficient to maintain the animal in good health and minimize suffering; and (5) Shelter or enclose an animal in any place that does not (b) Animal Services is authorized to impound an animal for which there is reasonable cause to believe has been abused or, in the alternative, to request the General Court of Justice to issue a seizure order for any animal for which there is probable cause to believe has been abused. It shall be unlawful for any person to tease, bait or in any way molest  Chapter.  provide adequate drainage.  Sec. 4-39. Teasing and molesting of animals.  any animal.  Sec. 4-40. Animals creating nuisance.  (a) It shall be unlawful for the owner of any animal to maintain the animal in such a manner so as to constitute a public nuisance. The actions of an animal constitute a nuisance when the animal disturbs the rights of, threatens the safety of, damages a member of the general public or interferes with the ordinary use and enjoyment of private or public property. By way of example and not of limitation, the following acts or actions by an animal are hereby declared to be a nuisance and are  therefore, prohibited and unlawful:  (1) Habitually or repeatedly disturbs, interferes with or annoys (2) Tipping over garbage pails or damaging gardens, flowers or vegetables gardens, and defecating on another property owner's (3) Failing to confine in the owner's dwelling place, another building or secure enclosure a female dog or cat while in heat; (4) Howling, barking, crying, meowing, squawking, or making other loud sounds or noises continuously for a period of ten minutes or more, or intermittently for one-half hour or more, at any time with the noise or sound disturbing the quiet comfort, repose, or health of a reasonable individual of normal sensitivities. It shall not be a violation of this Section if, at the time the animal is making the illegal noise; a person is trespassing or threatening to trespass upon private property in or upon which the animal is situated or has teased or provoked the animal. Any resident, owner, occupant, or tenant of property upon which the animal is situated shall be deemed a person in charge or otherwise exercising control over such animal. This provision shall not apply to public ZoOs or private animal  human beings; property;  7    Chapter 4 Lee County Code Animals  attractions operated for profit to which the public has general admission and for which a permit has been issued by proper (5) Chasing, snapping at, attacking or otherwise molesting pedestrians, bicyclists, motor vehicle passengers or farm stock or (6) Habitually or continuously loitering on public places, or; (7) Being diseased and dangerous to the health of the public unless under the care of a licensed veterinarian.  authority;  domestic animals;  (b) Abatement of Nuisance.  (1) When an Animal Services Officer observes a violation of this Section, he shall provide the animal's owner a written notice of the violation and an order that the nuisance must be abated within 48 hours from time of the notice. If the nuisance is not abated within 48 hours, Animal Services is authorized to impound the animal. (2) Upon receipt of a written detailed and signed complaint that a person is maintaining a nuisance as defined in this Section, Animal Services shall provide the animal' S owner a written notice that a complaint has been received and shall investigate the complaint and prepare a written report summarizing the facts and conclusions of (3) If the written report concludes the complaint is substantiated; Animal Services shall issue to the animal' S cwner a written notice of violation and an order that the nuisance must be abated within 48 hours from time of the notice. If the nuisance is not abated within 48 hours, Animal Services is authorized to impound (4) If the owner of Lhe animal creating the nuisance is unknown and cannot be reasonably ascertained, the animal shall be immediately impounded. A Notice of Violation and order of abatement, along with a general description of the animal creating the nuisance, shall be posted for three business days on or near the property where the animal was creating a nuisance, if practical, and at the county animal shelter. If after three business days,the owner of the animal remains unknown, the animal may be adopted, transferred to an animal rescue organization, or euthanized in  the investigation.  the animal.  compliance with this Chapter and state law.  8    Chapter 4 Lee County Code Animals  Sec. 4-41. Animals running at large.  (a) It shall be unlawful for:  (1) an animal to be "at large" as defined in this Chapter. (2) a dog to be in a park other than a designated dog park, school, building or other area to which the public has access (3) a female dog or cat to be at large during its estrus period. During this period, the owner must restrain the animal in a manner that will prevent it from coming in contact with a male of its species. This sub-section shall not be construed to prohibit the intentional breeding of animals on the premises of the owner of  unless the dog is, at all times, on a leash.  the animal. (b) Exceptions.  (1) An animal which is not dangerous may be at large in the course of a show, obedience school, tracking tests, field training or other events sanctioned or supervised by a recognized Hunting dogs may be at large in the course of hunting, provided they  organization.  are under the control of the owner.  (2) This exception does not exempt an owner from otherwise complying with any other provision of this  Chapter.  (c) Animal Services shall impound at the county animal shelter any animal found to be at large in violation of this section. (d) A dog or cat impounded for running at large may be reclaimed by its owner only upon the owner's agreement to have the animal micro chipped at the owner's expense within thirty days of the date the animal is reclaimed. Proof of microchipping the animal impounded must be provided to Animal Services within 72 hours after the thirty day period (e) Animal shall be vaccinated by the animal shelter when reclaimed at the owner's expense or written proof of rabies vaccination must be provided within 72 hours of reclamation. If owner decides to have the animal vaccinated at their chosen veterinarian, written proof must be provided to animal services within 72 hours of reclamation. (f) A dog or cat impounded for running at large for a second or subsequent time may be reclaimed by its owner only upon the owner's agreement to have the animal altered at the owner's expense within thirty days of the date the animal is reclaimed. Notwithstanding this requirement, a dog or cat impounded for running at large a second or subsequent time will not be required to be altered provided the owner has notified the animal shelter of the missing animal within three (3) (g) Disposition of an impounded animal shall be as provided in Section  has expired.  business days of impoundment.  9    Chapter 4 Lee County Code Animals  4-121.  Sec. 4-42. Possession or release of inherently dangerous exotic animals. captivity in Lee County an inherently dangerous exotic animal. A harborer of an inherently dangerous exotic animal is any person, regardless of ownership, who allows an inherently dangerous exotic animal to remain, lodge, be fed, or be given shelter or refuge in any place over which the  (a)  It shall be unlawful for any person to harbor or to release from  person has control.  (b) This Section does not apply to:  (1) Veterinarian clinics in possession of such animals for  treatment or rehabilitation purposes.  (2) Any institute or organization, which exists primarily to educate the public in the areas of science and nature; which receives or has received financial support from federal, state, and/or local governments; which has a paid membership open to and composed of members of the general public; which is directed by a Board of Directors or similar body elected by a membership; and which has been declared a 501(c) (3) exempt organization by the Internal  Revenue Service.  (3) Non-resident circuses or carnivals during the period for which they are authorized to operate in the county pursuant to a permit issued (4) Persons temporarily transporting such animals through the county provided that such transit time shall not be more than 24 hours.  by appropriate authority.  (c) Impoundment Authorized.  (1) Any person who harbors an inherently dangerous exotic animal in violation of this Section shall be given a notice of violation by Animal Services and the animal impounded. If the harborer is not present when the animal is impounded, the notice of violation will be posted at the place where the animal was impounded. (2) Any animal impounded pursuant to this Section will be held three (3) business days for the harborer to claim pursuant to paragraph (3) of this Section. However, if the animal cannot be impounded safely by Animal Services or if proper and safe housing cannot be found for the animal, (3) The harborer of the animal can reclaim the animal upon conditions established by the Animal Services Supervisor, and approved by the health director, including that a safe transfer of the animal to an appropriate location outside of the County has been arranged and shall immediately be (4) If the harborer does not claim the animal or cannot be located within three (3) business days after impoundment, Animal Services may sell, transfer ownership of, or euthanize the animal at the discretion of the  Animal Services shall immediately euthanize the animal.  made.  health director.  10    Chapter 4 Lee County Code Animals  (5) All costs of impoundment and care of the animal will be charged to its harborer regardless of whether the animal is claimed by or returned to said harborer. In the event the animal is reclaimed, such costs shall be paid in full prior to the harborer taking possession of the animal. If the animal is not reclaimed, the cost of impoundment and care shall be considered a debt to  the county and collectable in a civil action. Sec. 4-43. Allowing dangerous animals to be unrestrained.  (a) It is unlawful for any owner to possess a dangerous animal, as (b) Animal Services shall immediately impound any unrestrained dangerous (c) As an alternative to impoundment, Animal Services shall notify the owner in writing that the dangerous animal is required to be confined in a secure enclosure complying with Section 4-63. The owner also shall be notified that a sign stating that a dangerous animal is on the premises must be purchased at the owner's expense. Proper signage must be approved (d) The owner shall have 30 days from the date of notification to provide a secure enclosure. The animal deemed "dangerous" shall be under constant restraint on the owner's property during this period. (e) Notwithstanding any other provision of this Section, Animal Services may in its sole discretion impound a dangerous animal and harbor it at the owner's expense pending the owner's construction of a secure enclosure. If an animal is impounded under this Section, the owner shall be given written notice that he may reclaim the animal if a secure enclosure is provided within 30 days. The owner shall be given written notice that failure to provide a secure enclosure within 30 days will result in the  defined in this Chapter, unless it is restrained. animal at the owner's expense, except as provided below.  by Animal Services and posted on the secure enclosure.  animal being euthanized. (f) Appeals allowed.  (1) An owner may appeal from a determination by Animal Services that an animal is dangerous. The appeal shall be to a panel consisting of three members of the Consolidated Human Services Agency Board, one of which must be a licensed veterinarian. (2) An appeal must be in writing and be made to Animal Services within three business days of issuance of the Notice of Violation. The Appeals Board will hold a hearing on the appeal within ten (3) If, by majority vote, an animal is determined not to be dangerous, the owner will be relieved of any previous order to construct a secure enclosure and if the animal has been impounded, it shall be immediately returned upon payment of boarding fees (4) If, by majority vote, an animal is determined to be dangerous, and the animal has been impounded, it will promptly be altered and micro-chipped at the owner's expense. If an animal is determined to be dangerous, but is still in the owner's custody, the owner shall provide to Animal Services within 30 days satisfactory proof the  business days, if practical.  incurred prior to notice of appeal being given.  animal has been altered and microchipped.  11    Chapter 4 Lee County Code Animals  (5) The owner of any animal determined to be dangerous is required to purchase a sign stating "Dog Deemed Dangerous" and post the sign at the entrance to the secure enclosure in a manner that is visible to persons outside the enclosure. Signage must be approved by Animal (g) Animal Services may inspect a secure enclosure at any time to ensure  Services before posting. it complies with Section 4-63.  Sec. 4-44.Failure to report certain acts by dangerous animals. 24 hours after the occurrence of any of the following:  The owner of a dangerous animal shall inform Animal Services no later than (1) An assault, attack or biting upon any human being by such animal in (2) An attack or biting upon any domesticated animal or pet while the (3) The running at large or escape of any animal required to be  the owner's care or control. animal is off the owner's property.  restrained or confined to a secure enclosure. Sec. 4-45.Operating attack training facilities restricted.  It shall be unlawful for any person, group of persons, partnership or corporation to operate any attack training facility as defined in this article.  Sec. 4-46. Failing to provide proper shelter for dogs.  (a) It shall be unlawful for any owner to fail to provide for each  dog in his care proper shelter as described herein.  (1) Proper shelter for a dog shall have a roof, a solid floor, and at least three sides sufficient to prevent exposure to the elements. Notwithstanding these foregoing requirements, a plastic barrel is a proper shelter for a dog. All shelters must be large enough to allow the dog to lie comfortably and contain dry bedding at all times. During the daytime in April thru October, the shelter must provide a cooler temperature inside than the (b) The area underneath exterior steps decks and stoops; inside of vehicles; underneath vehicles; inside metal barrels or-cardboard boxes; inside rooms, and sheds or other buildings that do not provide windows or adequate ventilation shall not be considered proper shelter. Sec.4-47. Signage required for animals used for sentry or guard duty. A sign warning that there is a guard or sentry animal on the premises  ambient outside temperature.  shall be visible to persons outside the premises.  12    Chapter 4 Lee County Code Animais  Sec. 4-48. Interference with enforcement of chapter.  It shall be unlawful for any person to interfere with, hinder, obstruct or delay, or assault an officer or agent of Animal Services or veterinarians in the performance of any duty authorized by this Chapter, or to seek to release any  animal in the custody of such persons. Sec. 4-49. Stray Animals  All stray animals found shall be brought to the Animal Shelter or Animal  Services shall be called to impound the animal.  Sec. 4-50 thru 4-60. Reserved. Sec.4-61. Tethering.  Division 3. Standards.  (a) If an owner chooses to tether an animal, the following (1) A tether shall be equipped with swivel on both ends. (2) A tether shall be a minimum of ten feet in length and shall be made of either metal chain or coated steel cable. Rope, bridles, belts, or cords may not be used as a device to secure an animal. (3) Tethers shall be attached to a buckle-type collar or harness and under no circumstances shall the tether itself be placed directly around an animal. Tethers shall not be used in conjunction with training collars such as choke or pinch-style collars. (4) The weight of the tether shall not exceed ten percent of the animal's weight but shall be of sufficient strength to prevent (5) The tether by design and placement shall allow the animal a reasonable and unobstructed range of motion without the possibility of entanglement, strangulation, or other injury. The tether shall allow the access to adequate food, water, and shelter. (6) Only one animal shall be attached to a single tether. (7) Pulley systems, running lines, and trolley systems may be used (8) An animal services officer may in his/her discretion order a more restrictive tethering requirement if circumstances require and is not detrimental to the health, safety, or welfare of an animal. (9) Exceptions. Citizens residing in town homes, apartment, condos, or similar multi-family housing units with lot sizes insufficient to meet the length requirement specified in this section may only tether an animal for temporary exercise and relief and must be supervised.  requirements and standards will apply:  breakage.  in conjunction with a tether.  13    Chapter 4 Lee County Code Animals  (b) Animal Services is authorized to impound or, in the alternative, request the General Court of Justice to issue a seizure order, for any animal for which there is probable cause to believe has not been  tethered as required by this Section.  Sec. 4-62. Enclosures.  (a) Dogs are not required to be contained in a pen. pen, the following requirements will apply:  (b) However, if an individual owner chooses to contain a dog in a  (1) An enclosure for one dog must provide a minimum of 100 square feet surface area with sides of sufficient height to contain the (2) If two or more dogs are contained in an enclosure, the minimum square feet surface area must be 100 square feet plus an additional one square foot for each pound that the total weight of all dogs (3) Enclosures utilized by government agencies are exempt. £4) Individual owners may receive a temporary exemption from the requirements of subparagraphs (1) and (2) for up to 30 days once every six months upon inspection and approval of the pen by an  dog.  exceeds 100 lbs.  Animal Services representative.  Sec.4-63. Secure enclosures.  fa) A secure enclosure must be at least 100 square feet for each dangerous animal. It must have a concrete floor. The sides of the enclosure must be at least six feet high and constructed of at least 16-gauge wire with openings no greater than 1"x 1". The sides must be securely anchored to the roof and to the floor in a manner that will prevent the animal from escaping. Any entrance to the enclosure must be kept locked when the animal is in the  enclosure. used.  (b) Animal Services must approve the secure enclosure before it may be (c) The animal must be muzzled at all times when it exits the enclosure  and must be on a leash. Sec. 4-64 thru 4-90. Reserved  14    Chapter 4 Lee County Code Animals  Division 4.Rabies Control.  Sec. 4-91. Compliance with state law required.  It shall be unlawful for any person to fail to comply with North Carolina General Statutes Section 130A-184 thru 130A-201 relating to rabies control.  Secs.4-92 thru 4-120. Reserved.  Division 5. Impoundment, Redemption,and Adoption of Animals.  Sec. 4-121. Impoundment. by this Chapter.  Animals may be impounded as provided for in this Chapter. Impoundment of an animal shall not prevent Animal Services from using any other remedy provided  Sec. 4-122.Notice of impoundment.  Immediately upon impounding an animal, Animal Services shall make reasonable effort to notify the owner of the impoundment and the conditions under which the animal may be redeemed. If the owner is unknown or cannot be located, notice of such impoundment shall be posted at the website  wleecountyme.soy in the Animal Services section. Sec. 4-123. Redemption by owner of impounded animal.  The owner of an animal impounded under this Chapter may redeem the animal and regain possession thereof within three (3) business days after notice of impoundment is given or posted, as required by Section 4-122, by complying with all applicable provisions of this Chapter and paying any required fees. An animal shall be vaccinated by the animal shelter when reclaimed at the owner's expense or written proof of rabies vaccination must be provided within 72 hours of reclamation. If owner decides to have the animal vaccinated at their chosen veterinarian, written proof must be provided to animal services  within 72 hours of reclamation.  Sec. 4-124. Disposition of unredeemed animal.  (a) If an impounded animal is not redeemed by the owner within the period prescribed in Section 4-123, it may be adopted or euthanized. Animals that are not euthanized shall become the property of the county and may be offered for adoption to any responsible adult who evidences a (b) All unaltered dogs and cats adopted from Animal Services shall be altered. All animals adopted from Animal Services shall be micro- chipped within 30 days of their adoption. All dogs and cats adopted from Animal Services shall be vaccinated for rabies by 16 weeks of age. Written proof the dog or cat has been altered and microchipped shall be provided within 30 working days by the adopter to Animal Services. Any animal adopted by the Animal Shelter shall receive a rabies vaccination at the owner's expense unless the animal is less than 16 weeks of age. Once  willingness and ability to comply with this Chapter.  15    Chapter 4 Lee County Code Animals  the animal is greater than 16 weeks of age, the animal shall be vaccinated for rabies and the owner shall provide written proof to Animal Services within 10 days. Animal Services is authorized to obtain an adoption agreement from an applicant to implement the provisions of this Section. Failure to comply with the adoption agreement requires the applicant to return the animal to Animal Services and also authorizes Animal Services (c) No animal shall be adopted during a period of emergency rabies quarantine, as defined in Section 4-91, except by special authorization of (d) Any animal that in the opinion of Animal Services exhibits characteristics: or tendencies making it unsuitable as a pet shall not be  to impound the animal. the health director. offered for adoption.  Sec. 4-125. Reclaim, Quarantine, and Adoption Procedures.  (a) All reclaimed and quarantined animals shall receive a rabies vaccination unless written proof of rabies vaccination can be provided by the owner. If owner chooses to have the animal vaccinated at their chosen veterinarian, written proof must be provided to animal services within 72 (b) Written proof of microchipping for a reclaimed animal(s) shall be returned to the animal shelter by the owner within 30 days of reclamation. (c) For an animal to be adopted, an applicant must pre-pay at a Veterinarian's Office to have the animal altered and return the proper documentation to the animal shelter. The adoption agreement form shall be provided by the Animal Shelter to begin the adoption procedure. All animals adopted shall receive a rabies vaccination before leaving the (d) Payment for the rabies vaccination required herein shall be the  hours of reclamation and/or quarantine.  animal shelter.  responsibility of the applicant.  Sec.4-126. Suspected rabid animal not to be redeemed or adopted. Notwithstanding any other provision of this Chapter, animals impounded which appear to be suffering from rabies shall not be redeemed or adopted, but shall be dealt with in accordance with Division 4 of this Chapter.  Sec. 4-127  thru 4-160. Reserved.  16    Chapter 4 Lee County Code Animals  Article III. Service Fees and Enforcement.  Division 1. Service Fees.  Sec. 4-161. thru 4-190. Reserved. Sec. 4-191. Fees and Fines.  (a) The following fees and fines shall be set by the Lee County Consolidated Human Services Agency Board and at a minimum be the  following amounts: (1) See Appendix A.  (b) (c)  Any owner may bring an animal to Animal Services to be euthanized. Any owner of thirty (30) or more dogs and/or cats shall have a permit. This permit shall be renewed annually. See Appendix B.  Division 2. Enforcement.  Sec. 4-194. Enforcement generally.  (a) The Lee County Sheriff's Office shall have the authority and responsibility to enforce the provisions of this Chapter and may, by the procedure established herein, initiate all authorized enforcement actions, including the imposition the civil penalties and the issuance of process forcivil and criminal violations of the Chapter, in violation of any North Carolina (b)The violation of any provisions of this Chapter shall be a misdemeanor and any such violation shall be punishable as provided in N.C.G.S. S 14-4. In addition to, and not in lieu of, the criminal penaities and other sanctions provided in this Chapter, a violation of this Chapter may also subject the (c): In addition, enforcement of this Chapter may be by appropriate equitable remedy, injunction or order of abatement issuing from a court of competent jurisdiction (d)Violations of rabies vaccinations will be governed by Chapter 130A of the North  General Statute.  offender to the civil penalties hereinafter set forth.  pursuant to N.C.G.S. S 153A-123. Carolina General Statutes. Sec. 4-195. Penalties.  (a)A Any person violating this Chapter shall be subject to a civil penalty as set forth in the Lee County Budget Ordinance, Fee Schedule Appendix A, for the current fiscal year. Such penalty shall be paid within seventy-two (72) hours from the issuance of the notice. Each day's violation of this Chapter shall be  a separate offense.  17    Chapter 4 Lee County Code Animals  (b) The civil penalty for any offense in violation of this Chapter is set forth  18    Chapter 4 Lee County Code Animals  within the Lee County Budget Ordinance, Animal Ordinance Fee Schedule, for the (c) Such civil penalties may be recovered by the County in a civil action in the nature of a debt or may be collected in such other amounts as prescribed herein.  current fiscal year.  Sec. 4-196 thru  4-197 Reserved.  This Ordinance shall be effective upon its adoption by the Board of  Commissioners.  Adopted this ai day OAV60ST  2023.  Kirk D. Smith, Chair Kmpanke Lee County Board of Commissioners  ATTEST:  flw fall Hailey Hall, dounty Clerk  COUATT R  TH CAR  19    Appendix ( A  Lee County Animal Services Ordinance  Fees (to be collected by Lee County Animal Shelter)  Fee $10.00 $20.00 $200.00 $10.00 $20.00 Fine $50.00 $100.00 $200.00 $500.00  Rabies vaccination (valid for one year)  Euthanasia fee Boarding fee (per day) Processing fee  Special Permit fee (owners with greater than 30 animals)  Fines (to be collected by Lee County Sheriff's Office Animal  Services Division)  Civil penalty (15E offense) Civil penalty (2nd offense) Civil penalty (Subsequent offenses) Criminal citation  20    LEE COUNTY Committed Today for a Better Tomorrow  Fee paid: Date paid: Renewal Date:  p    ADOPT  APPENDIXB  Lee County Animal Services Ordinance  LEE COUNTY ANIMALSERVICES PERMIT*  Date: Permit #: Name:_ PIN#:  Officer:  Address:  All animals which are owned by you must be vaccinated for rabies and be up-to date  unless they are less than 16 weeks of age.  Comments:  *] Permit is valid for one (1) year from date above and must be renewed annually.  Lee County Animal Services 1450 N. Horner Blvd.- Sanford, NC27330 Phone 919-776-7446- Fax 919-718-1426  CPH  Promoting better health and a safe environment for all Lee County residents  21    The Board of Commissioners for the County of Lee, North Carolina met in a regular meeting in the Dennis Wicker Civic Center located at 1801 Nash Street in Sanford, North  Carolina, the regularplaceofmeting. at 6:00 p.m. on August 21, 2023  Present: Chair Kirk D. Smith, presiding, Vice Chair Dr. Andre Knecht, and Commissioners Bill Carver, Mark Lovick, Taylor Vorbeck, Robert Reives and Cameron Sharpe  Absent: none  Also Present: County Manager Lisa Minter, Finance Director Candace Iceman, and Clerk  to the Boaru/Communications Specialist Hailey Hall  Finance Director Candace Iceman introduced the following resolution the title of which RESOLUTION PROVIDING FOR THE SALE AND ISSUANCE OF $25,000,000 GENERAL OBLIGATION PARKS AND RECREATION BE ITI RESOLVED by the Board of Commissioners (the "Board") for the County ofLee, Section 1. The Board has determined and does hereby find and declare as follows: (a) An order authorizing $25,000,000 Parks and Recreation Bonds (the "Parks and Recreation Bonds") was adopted by the Board on July 20, 2020, which order was approved by the vote of a majority of the qualified voters of the County who voted thereon at a referendum duly called and held on November 3, 2020. None of the Parks and Recreation Bonds have  wasi read and a copy ofwhich had been previously distributed to each Commissioner:  BONDS, SERIES: 2023  North Carolina (the "County"):  heretofore been issued.  (b) No notes have been issued in anticipation of the receipt of the proceeds of the sale of said bonds, and it is necessary to issue 25,000,000 of the Parks and Recreation Bonds at this  time.  (c) The maximum period of usefulness of the parks and recreation improvements to be provided with the proceeds of said bonds is estimated as a period of forty (40) years from October 11, 2023, the date of the bonds authorized hereby, and that such period expires on  October 11,2063.    Section 2. Pursuant to said order, the County shall issue bonds in the aggregate principal amount of $25,000,000 designated "General Obligation Parks and Recreation Bonds, Series 2023" (the "Bonds"), to be dated the date of delivery thereof. The Bonds shall be stated to mature, subject to prior redemption, annually on October 1, $1,250,000 2024 to 2043, inclusive, and shall bear interest at a rate or rates to be determined by the Local Government Commission of North Carolina at the time the Bonds are sold, which interest to the respective maturities thereofs shall be payable on each April 1 and October 1, beginning April 1, 2024, until payment  ofsuch principal sum.  Each Bond shall bear interest from the interest payment date next preceding the date on which it is authenticated, unless it is (a) authenticated upon an interest payment date, in which event it shall bear interest from such interest payment date or (b) authenticated prior to the first interest payment date, in which event it shall bear interest from its date; provided, however, that ifatt the time ofauthentication interest is in default, such Bond shall bear interest from the date to  which interest has been paid.  The principal ofand the interest on the Bonds shall be payable in any coin or currency of the United States of America which is legal tender for the payment of public and private debts on  thei respective dates ofpayment thereof.  The Bonds shall bei issued by means of al book-entry system with no physical distribution of Bond certificates to be made except as hereinafter provided. One Bond certificate with respect to each date on which the Bonds are stated to mature, in the aggregate principal amount oft the Bonds stated to mature on such date and registered in the name ofCede & Co., as nominee of The Depository Trust Company ("DTC"), shall be issued and required to be deposited with DTC and immobilized in its custody. The book-entry system will evidence ownership of the Bonds in the principal amount of $5,000 or any whole multiple thereof, with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. The principal of each Bond shall be payable to Cede & Co. or any other person appearing on the registration books of the County hereinafter provided for as the registered owner ofs such Bond or his or her registered assigns or legal representative at such office of the Bond Registrar hereinafter mentioned or such other place as the County may determine upon the presentation and surrender thereof as the same shall become due and payable. Payment of the interest on each Bond shall be made by said Bond Registrar on each interest payment date to the registered owner of such Bond (or the previous Bond or Bonds evidencing the same debt as that evidenced by such Bond) at the close of1 business on the record date for such interest, which shall be the 15th day (whether or not a business day) oft the calendar month next preceding such interest payment date, by check mailed to such person at his or her address as it appears on such registration books; provided, however, that for sO long as the Bonds are deposited with DTC, the payment of the principal of and interest on the Bonds shall be made to DTC in same-day funds by 2:30 p.m. or otherwise as determined by the rules and procedures established by DTC. Transfer of principal and interest payments to participants of DTC will be the responsibility ofDTC, and transfer of principal and interest payments to beneficial owners of the Bonds by participants of DTC will be the responsibility of such participants and other nominees of such beneficial owners. The County shall not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing records maintained by DTC,  its participants or persons acting through such participants.  2    In the event that (a) DTC determines not to continue to act as securities depository for the Bonds or (b) the Finance Director of the County determines that continuation of the book-entry system of evidence and transfer of ownership of the Bonds would adversely affect the interests of the beneficial owners of the Bonds, the County will discontinue the book-entry system with DTC. Ifthe County identifies another qualified securities depository to replace DTC, the County will make arrangements with DTC and such other depository to effect such replacement and deliver replacement Bonds registered in the name of such other depository or its nominee in exchange for the outstanding Bonds, and the references to DTC or Cede & Co. in this resolution shall thereupon be deemed to mean such other depository or its nominee. Ifthe County fails to identify another qualified securities depository to replace DTC, the County shall deliver replacement Bonds in the form of fully-registered certificates in denominations of$5,000 or any whole multiple thereof("Certificated Bonds") in exchange for the outstanding Bonds as required by DTC and others. Upon the request of DTC, the County may also deliver one or more Certificated Bonds to any participant ofI DTC in exchange for Bonds credited to its account with  DTC.  Unless indicated otherwise, the provisions of this resolution that follow shall apply to all Section 3. The Bonds shall bear the manual or facsimile signatures of the Chair or Vice Chair of the Board and the Clerk to the Board or any deputy or assistant Clerk to the Board for the County and the official seal or a facsimile of the official seal of the County shall be  Bonds issued ori issuable hereunder, whether initially or ini replacement thereof.  impressed or imprinted, as the case may be, on the Bonds.  The certificate of the Local Government Commission of North Carolina to be endorsed on all Bonds shall bear the manual or facsimile signature of the Secretary of said Commission and the certificate of authentication of the Bond Registrar to be endorsed on all Bonds shall be  executed as provided hereinafter.  In case any officer of the County or the Local Government Commission of North Carolina whose manual or facsimile signature shall appear on any Bonds shall cease to be such officer before the delivery of such Bonds, such manual or facsimile signature shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery, and any Bond may bear the manual or facsimile signatures of such persons as at the actual time oft the execution ofs such Bond shall be the proper officers to sign such Bond although  at the date of such Bond such persons may not have been such officers.  No Bond shall be valid or become obligatory for any purpose or be entitled to any benefit or security under this resolution until it shall have been authenticated by the execution by the  Bond Registrar of the certificate ofauthentication endorsed thereon.  The Bonds to be registered in the name of Cede & Co. and the endorsements thereon  shall bei in substantially the following form:  3    UNLESS THIS BOND IS PRESENTED BY AN AUTHORIZED REPRESENTATIVE OF THE DEPOSITORY TRUST COMPANY, A NEW YORK CORPORATION ("DTC"), TO THE COUNTY OF LEE, NORTH CAROLINA OR ITS AGENT FOR REGISTRATION OR TRANSFER, EXCHANGE, OR PAYMENT, AND ANY BOND ISSUED IS REGISTERED IN THE NAME OF CEDE & CO. OR IN SUCH OTHER NAME AS IS REQUESTED BY AN AUTHORIZED REPRESENTATIVE OF DTC (AND ANY PAYMENT IS MADE TO CEDE & CO. ORTOSUCH OTHER ENTITY AS IS REQUESTED: BY AN AUTHORIZED REPRESENTATIVE OF DTC), ANY TRANSFER, PLEDGE, OR OTHER USEI HEREOF: FOR VALUE OR OTHERWISE BY ORTO ANY PERSON IS WRONGFUL INASMUCH AS THE REGISTERED OWNER HEREOF, CEDE & CO., HAS  ANINTEREST HEREIN. No.R-  $  United States of America State ofNorth Carolina COUNTY OF LEE SERIES 2023 Interest Rate %  GENERAL OBLIGATION PARKS. AND RECREATION BOND  Maturity Date October 1,20  CUSIP No.  The County of Lee, a body corporate and politic duly organized and validly existing under the laws of the State of North Carolina, is justly indebted and for value received hereby  promises to pay to  CEDE & CO.  or registered assigns or legal representative on the date specified above, upon the presentation and surrender hereof, at the office of the Finance Director of said County (the "Bond Registrar"),  in Sanford, North Carolina, the principal sum of  DOLLARS  and to pay interest on such principal sum from the date hereof or from the April 1 or October 1 next preceding the date ofauthentication to which interest shall have been paid, unless such date ofauthentication is an April 1 or October 1 to which interest shall have been paid, in which case from such date, such interest to the maturity hereofbeing payable on each April 1 and October 1, beginning April 1, 2024, at the rate per annum specified above, until payment of such principal sum. The interest sO payable on any such interest payment date will be paid to the person in whose name this bond (or the previous bond or bonds evidencing the same debt as that evidenced by this bond) is registered at the close of business on the record date for such interest, which shall be the 15th day (whether or not a business day) of the calendar month next preceding such interest payment date, by check mailed to such person at his or her address as it appears on the bond registration books of said County; provided, however, that for sO long as the Bonds (hereinafter defined) are deposited with The Depository Trust Company ("DTC"), the payment of the principal of and interest on the Bonds shall be made to DTC in same day funds by 2:30 p.m. or otherwise as determined by the rules and procedures established by DTC. Both the principal of and the interest on this bond shall be paid in any coin or currency of the United  4    States of America that is legal tender for the payment of public and private debts on the respective dates of payment thereof. For the prompt payment hereof, both principal and interest as the same shall become due, the faith and credit ofs said County are hereby irrevocably pledged. This bond is one of an issue of bonds designated "General Obligation Parks and Recreation Bonds, Series 2023" (the "Bonds") and issued by said County for the purpose of providing funds, together with any other available funds, for various parks and recreational facilities improvements, and this bond is issued under and pursuant to The Local Government Bond Act, as amended, Article 7, as amended, of Chapter 159 of the General Statutes of North Carolina, an order adopted by the Board of Commissioners for said County, which order was approved by the vote of a majority of qualified voters who voted thereon at a referendum duly called and held, and a resolution duly adopted by said Board (the "Resolution").  The Bonds maturing on or prior to October 1, 2033 are not subject to redemption prior to their maturity. The Bonds maturing on October 1, 2034 and thereafter will be subject to redemption prior to their maturity, at the option of said County, from any moneys that may be made available for such purpose, either in whole or in part on any date not earlier than October 1, 2034, at a redemption price equal to 100% oft the principal amount of the Bonds to be redeemed,  plus accrued interest thereon to the date fixed for redemption.  If less than all of the Bonds of any one maturity shall be called for redemption, the particular Bonds or portions of Bonds ofsuch maturity to be redeemed shall be selected by lot in such manner as said County in its discretion may determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or any whole multiple thereof and that, in selecting Bonds for redemption, each Bond shall be considered as representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. So long as a book-entry system with DTC, is used for determining beneficial ownership of Bonds, ifless than all oft the Bonds within the maturity are to be redeemed, DTC and its participants shall determine which of the Bonds within a maturity are to be redeemed by lot. If less than all of the Bonds stated to mature on different dates shall be called for redemption, the particular Bonds or portions thereof of each maturity to be redeemed shall be  called in such manner as said County may determine.  Not more than sixty (60) nor less than thirty (30) days before the redemption date ofany Bonds to be redeemed, whether such redemption be in whole or in part, said County shall cause a notice of such redemption to be filed with the Bond Registrar and to be mailed, postage prepaid, to the registered owner of each Bond to be redeemed in whole or in part to his address appearing upon the registration books of said County, provided that such notice to Cede & Co. shall be given by certified or registered mail or otherwise as prescribed by DTC. On the date fixed for redemption, notice having been given as aforesaid, the Bonds or portions thereof SO called for redemption shall be due and payable at the redemption price provided for the redemption ofs such Bonds or portions thereofo on such date and, ifr moneys for payment ofs such redemption price and the accrued interest are held by the Bond Registrar as provided in the Resolution, interest on the Bonds or the portions thereof: sO called for redemption shall cease to accrue. Ifa portion of this Bond shall be called for redemption, a new Bond or Bonds in principal amount equal to the unredeemed portion hereof will be issued to Cede & Co. or its legal representative upon the  surrender hereof.  5    Any notice of redemption may state that the redemption to be effected is conditioned upon the receipt by the Bond Registrar on or prior to the redemption date ofi moneys sufficient to pay the redemption price of and interest on the Bonds to be redeemed, and that if such moneys are not sO received, such notice shall be ofno force or effect and such Bond shall not be required to be redeemed. In the event that such notice contains such a condition and moneys sufficient to pay the redemption price of and interest on such Bonds are not received by the Bond Registrar on or prior to the redemption date, the redemption shall not be made and the Bond Registrar shall within a reasonable time thereafter give notice, in the manner in which the notice of redemption  was given, that such moneys were: not SO received.  The Bonds are being issued by means of a book-entry system with no physical distribution of bond certificates to be made except as provided in the Resolution. One bond certificate with respect to each date on which the Bonds are stated to mature, in the aggregate principal amount of the Bonds stated to mature on such date and registered in the name of Cede & Co., as nominee of DTC, is being issued and required to be deposited with DTC and immobilized in its custody. The book-entry system will evidence ownership of the Bonds in the principal amount of $5,000 or any whole multiple thereof, with transfers of ownership effected on the records of DTC and its participants pursuant to rules and procedures established by DTC and its participants. Transfer of principal and interest payments to participants of DTC will be the responsibility ofDTC, and transfer of principal and interest payments to beneficial owners of the Bonds by participants of DTC will be the responsibility of such participants and other nominees of such beneficial owners. Said County will not be responsible or liable for such transfers of payments or for maintaining, supervising or reviewing the records maintained by  DTC, its participants or persons acting through such participants.  In certain events, said County will be authorized to deliver replacement Bonds in the form of fully-registered certificates in the denomination of $5,000 or any whole multiple thereof  in exchange for the outstanding Bonds as provided in the Resolution.  At the office oft the Bond Registrar, in the manner and subject to the conditions provided in the Resolution, Bonds may be exchanged for an equal aggregate principal amount of Bonds of the same maturity, ofauthorized denominations and bearing interest at the same rate.  The Bond Registrar shall keep at his office the books of said County for the registration of transfer of Bonds. The transfer of this bond may be registered only upon such books and as otherwise provided in the Resolution upon the surrender hereof to the Bond Registrar together with an assignment duly executed by the registered owner hereof or his or her attorney or legal representative in such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shall deliver in exchange for this bond a new Bond or Bonds, registered in the name of the transferee, of authorized denominations, in an aggregate principal amount equal to the unredeemed principal amount of this bond, of the same maturity  and bearing interest at the same rate.  The Bond Registrar shall not be required to exchange or register the transfer of any Bond during a period beginning at the opening of business fifteen (15) days before the day of the mailing of a notice of redemption of Bonds or any portion thereof and ending at the close of  6    business on the day of such mailing or of any Bond called for redemption in whole or in part  pursuant to the Resolution.  Itis hereby certified and recited that all acts, conditions and things required by the Constitution and laws of North Carolina to happen, exist and be performed precedent to and in the issuance oft this bond have happened, exist and have been performed in regular and due form and time as SO required; that provision has been made for the levy and collection of a direct annual tax upon all taxable property within said County sufficient to pay the principal ofand the interest on this bond as the same shall become due; and that the total indebtedness of said County, including this bond, does not exceed any constitutional or statutory limitation thereon. This bond shall not be valid or become obligatory for any purpose or be entitled to any benefit or security under the Resolution until this bond shall have been authenticated by the execution by the Bond Registrar oft the certificate of authentication endorsed hereon.  IN WITNESS WHEREOF, the County of Lee, North Carolina, by resolution duly adopted by its Board ofCommissioners, has caused this bond to be manually signed by the Chair of the Board and the Clerk to the Board for the County and its official seal to be impressed  hereon, all as ofthe  day ofOctober, 2023.  [Donots sign]  Chair  [SEAL]  [Donots sign]  Clerk to the Board  CERTIFICATE OF LOCAL GOVERNMENT COMMISSION  The issuance of the within bond has been approved under the provisions of The Local  Government Bond Act ofNorth Carolina.  [Donot sign]  Secretary, Local Government Commission  CERTIFICATE OF AUTHENTICATION  This bond is one of the Bonds of the series designated herein and issued under the  provisions oft the within-mentioned Resolution.  [Donot sign]  Finance Director, as Bond Registrar  Date ofa authentication:  7    ASSIGNMENT  FOR VALUE RECEIVED the undersigned registered owner thereof hereby sells, assigns  and transfers unto_  the within Bond and all rights thereunder and herebyirrevocably constitutes and appoints_  attorney to register the transfer of said bond on the books kept for registration thereof, with full  power of substitution in the premises.  Dated: In the presence of:  NOTICE: The signature must be guaranteed The signature to this assignment must by an institution which is a participant in the correspond with the name as it appears on the Securities Transfer Agent Medallion Program face of the within Bond in every particular,  (STAMP) or similar program.  without alteration of enlargement or any  change whatever.  Certificated Bonds issuable hereunder shall be in substantially the form of the Bonds registered in the name of Cede & Co. with such changes as are: necessary to reflect the provisions  ofthis resolution that are applicable to Certificated Bonds.  Section 4. The Bonds maturing on or prior to October 1, 2033 will not be subject to redemption prior to their maturity. The Bonds maturing on October 1, 2034 and thereafter will be subject to redemption prior to their maturity, at the option of the County, from any moneys that may be made available for such purpose, either in whole or in part on any date not earlier than October 1, 2033, at a redemption price equal to 100% of the principal amount of the Bonds  to be redeemed, plus accrued interest thereon to the date fixed for redemption.  Notwithstanding the foregoing, the Finance Director of the County may modify the redemption provisions set forth above ift the Finance Director of the County determines that iti is in the best interests of the County to modify the same for purposes of marketing and sale of the Bonds, such modified redemption provisions to be set forth in the Notice of Sale relating to the Bonds. In such case, the Finance Director is authorized and directed to take all actions necessary too conform the terms oft the Bonds to reflect such modified redemption provisions.  If less than all of the Bonds of any one maturity shall be called for redemption, the particular Bonds or portions of Bonds ofs such maturity to be redeemed shall be selected by lot in such manner as the County in its discretion may determine; provided, however, that the portion of any Bond to be redeemed shall be in the principal amount of $5,000 or any whole multiple thereof and that, in selecting Bonds for redemption, each Bond shall be considered as  8    representing that number of Bonds which is obtained by dividing the principal amount of such Bond by $5,000. So long as a book-entry system with DTC, is used for determining beneficial ownership of Bonds, ifless than all of the Bonds within the maturity are to be redeemed, DTC and its participants shall determine which of the Bonds within a maturity are to be redeemed by lot. If less than all of the Bonds stated to mature on different dates shall be called for redemption, the particular Bonds or portions thereof to be redeemed shall be called in such  manner. as the County may determine.  Not more than sixty (60) nor less than thirty (30) days before the redemption date ofany Bonds to be redeemed, whether such redemption be in whole or in part, the County shall cause a notice of such redemption to be filed with the Bond Registrar and to be mailed, postage prepaid, to the registered owner of each Bond to be redeemed in whole or in part to his or her address appearing upon the registration books of the County, provided that such notice to Cede & Co. shall be given by certified or registered mail or otherwise as prescribed by DTC. Failure to mail such notice or any defect therein shall not affect the validity of the redemption with regard to registered owners to whom such notice was properly given. Each such notice shall set forth the date designated for redemption, the redemption price to be paid and the maturities of the Bonds to be redeemed. In the event that Certificated Bonds are outstanding, each such notice to the registered owners thereof shall also set forth, if less than all of the Bonds of any maturity then outstanding shall be called for redemption, the distinctive numbers and letters, if any, of such Bonds to be redeemed and, in the case of any Bond to be redeemed in part only, the portion of the principal amount thereof to be redeemed. If any Bond is to be redeemed in part only, the notice ofredemption shall also state that on or after the redemption date, upon surrender ofs such Bond, a new Bond or Bonds in principal amount equal to the unredeemed portion of such Bond  will be issued.  Any notice of redemption may state that the redemption to be effected is conditioned upon the receipt by the Bond Registrar on or prior to the redemption date of moneys sufficient to pay the redemption price of and interest on the Bonds to be redeemed, and that if such moneys are not sO received, such notice shall be ofr no force or effect and such Bond shall not be required to be redeemed. In the event that such notice contains such a condition and moneys sufficient to pay the redemption price of and interest on such Bonds are not received by the Bond Registrar on or prior to the redemption date, the redemption shall not be made and the Bond Registrar shall within ai reasonable time thereafter give notice, in the manner in which the notice of redemption  was given, that such moneys were not sO received.  On or before the date fixed for redemption, moneys shall be deposited with the Bond Registrar to pay the redemption price of the Bonds or portions thereof called for redemption, as  well as the interest accruing thereon to such redemption date.  On the date fixed for redemption, notice having been given in the manner and under the conditions hereinabove provided, the Bonds or portions thereof called for redemption shall be due and payable at the redemption price provided therefor, plus accrued interest to such date. If moneys sufficient to pay the redemption price of the Bonds or portions thereof to be redeemed, plus accrued interest thereon to the date fixed for redemption, are held by the Bond Registrar in trust for the registered owners of Bonds or portions thereof to be redeemed, interest on the Bonds or portions thereof called for redemption shall cease to accrue, such Bonds or portions thereof  9    shall cease to be entitled to any benefits or security under this resolution or to be deemed outstanding, and the registered owners of such Bonds or portions thereof shall have no rights in respect thereof except to receive payment of the redemption price thereof, plus accrued interest  thereon to such redemption date.  Ifaj portion of a Bond shall be selected for redemption, the registered owner thereof or his or her attorney or legal representative shall present and surrender such Bond to the Bond Registrar for payment of the principal amount thereof sO called for redemption, and the Bond Registrar shall authenticate and deliver to or upon the order of such registered owner or his or her legal representative, without charge therefor, for the unredeemed portion of the principal amount of the Bond SO surrendered, a Bond or Bonds oft the same maturity, of any denomination ord denominations authorized by this resolution and bearing interest at the same rate.  Section 5. Bonds, upon surrender thereof at the office of the Bond Registrar together with an assignment duly executed by the registered owner or his or her attorney or legal representative in such form as shall be satisfactory to the Bond Registrar, may, at the option of the registered owner thereof, be exchanged for an equal aggregate principal amount of Bonds of the same maturity, of any denomination or denominations authorized by this resolution and  bearing interest at the same: rate.  The transfer of any Bond may be registered only upon the registration books of the County upon the surrender thereof to the Bond Registrar together with an assignment duly executed by the registered owner or his or her attorney or legal representative in such form as shall be satisfactory to the Bond Registrar. Upon any such registration of transfer, the Bond Registrar shall authenticate and deliver in exchange for such Bond a new Bond or Bonds, registered in the name of the transferee, of any denomination or denominations authorized by this resolution, in an aggregate principal amount equal to the unredeemed principal amount of such Bond sO surrendered, oft the same maturity and bearing interest at the same rate.  In all cases in which Bonds shall be exchanged or the transfer of Bonds shall be registered hereunder, the Bond Registrar shall authenticate and deliver at the earliest practicable time Bonds in accordance with the provisions of this resolution. All Bonds surrendered in any such exchange or registration of transfer shall forthwith be canceled by the Bond Registrar. The County or the Bond Registrar may: make a charge for shipping and out-of-pocket costs for every such exchange or registration of transfer of Bonds sufficient to reimburse it for any tax or other governmental charge required to be paid with respect to such exchange or registration oftransfer, but no other charge shall be made by the County or the Bond Registrar for exchanging or  registering the transfer of Bonds under this resolution.  As to any Bond, the person in whose name the same shall be registered shall be deemed and regarded as the absolute owner thereof for all purposes, and payment of or on account oft the principal of any such Bond and the interest on any such Bond shall be made only to or upon the order oft the registered owner thereof or his or her legal representative. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond, including the interest  thereon, to the extent oft the sum or sums sO paid.  10    The County shall appoint such registrars, transfer agents, depositaries or other agents as may be necessary for the registration, registration of transfer and exchange of Bonds within a reasonable time according to then current commercial standards and for the timely payment of principal ofand interest on1 the Bonds. The Finance Director of the County, or any person at any time acting in such capacity, is hereby appointed the registrar, transfer agent and paying agent for the Bonds (collectively the "Bond Registrar"), subject to the right of the Board to appoint another Bond Registrar, and as such shall keep at his office in the County, the books of the County for the registration, registration of transfer, exchange and payment of the Bonds as  provided in this resolution.  Section 6. The County covenants that, to the extent permitted by the Constitution and laws oft the State of North Carolina, it will comply with the requirements of the Internal Revenue Code of 1986, as amended or as may be amended from time to time, and any Treasury regulations now or hereafter promulgated thereunder, to the extent necessary SO that interest on the Bonds will not be included in gross income of the owners oft the Bonds for federal income tax  purposes.  Section 7. All actions of the Chair of the Board, the County Manager, the Finance Director and the Clerk to the Board for the County in applying to the Local Government Commission ofNorth Carolina to advertise and sell the Bonds are. hereby approved, ratified and confirmed, and the Local Government Commission of North Carolina is hereby requested to ask for sealed bids for the Bonds by providing notices and printing and distributing a Preliminary Official Statement, to be dated as oft the date of delivery thereof, relating to the sale of the Bonds. Such Preliminary Official Statement, in substantially the form presented at this meeting, is  hereby authorized and approved.  The preparation of a final Official Statement (the "Final Official Statement"), which will be in the form of the Preliminary Official Statement, but will include certain pricing and other information to be made available to the successful bidder for the Bonds by the Local Government Commission of North Carolina, is hereby approved, and the Chair oft the Board, the County Manager and the Finance Director of the County are hereby authorized to execute and deliver the Final Official Statement for and on the behalf oft the County, and such execution shall be conclusive evidence of the approval oft the Board oft thel Final Official Statement. Bonds, to provide to the Municipal Securities Rulemaking Board (the "MSRB"):  Section 8. The County hereby undertakes, for the benefit of the beneficial owners oft the (a) by not later than seven months from the end of each fiscal year of the County, beginning with the fiscal year ended June 30, 2023, audited financial statements of the County for such fiscal year, if available, prepared in accordance with Section 159-34 of the General Statutes of] North Carolina, as it may be amended from time to time, or any successor statute, or, ifs such audited financial statements of the County are not available by seven months from the end of such fiscal year, unaudited financial statements of the County for such fiscal year to be replaced subsequently by audited financial statements of the County to be delivered within fifteen (15) days after such audited financial statements become available for distribution;  11    (b) by not later than seven months from the end of each fiscal year of the County, beginning with the fiscal year ended June 30, 2023, (i) the financial and statistical data as ofa date not earlier than the end of the preceding fiscal year for the type of information to be included under the headings "THE COUNTY - Debt Information and - Tax Information" (excluding any information on underlying units) in the Final Official Statement and (ii) the combined budget of the County for the current fiscal year, to the extent such items are not  included in the audited financial statements referred to in (a) above. notice of any oft the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2)non-payment related defaults, ifmaterial;  (c)in a timely manner: not in excess often business days after the occurrence oft the event,  (3) unscheduled draws on debt service: reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform;  (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds or other material  events affecting the tax status oft the Bonds;  (7)modification to the rights oft the beneficial owners oft the Bonds,ifmaterial;  (8) bond calls, ifmaterial, and tender offers;  (9) defeasances;  (10) release, substitution or sale of any property securing repayment of the Bonds, if  material;  (11)rating changes;  (12) bankruptcy, insolvency, receivership or similar event ofthe County;  (13) the consummation of a merger, consolidation or acquisition involving the County or the sale ofa all or substantially all oft the assets of the County, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination ofa definitive agreement relating to any such actions, other than pursuant to its terms, ifmaterial;  (14)a appointment of a trustee or a successor or additional trustee or the change of name of (15) incurrence of a financial obligation (as defined below) of the County, ifi material, or agreement to covenants, events of default, remedies, priority rights or other similar terms of a  at trustee, ifmaterial;  12    financial obligation of the County, any of which affect beneficial owners of the Bonds, if  material; and  (16) default, event of acceleration, termination event, modification of terms, or other similar events under the terms of a financial obligation of the County, any of which reflect  financial difficulties;  (d) in a timely manner, notice of a failure of the County to provide required annual All information provided to the MSRB as described in this Section shall be provided in an electronic format as prescribed by the MSRB and accompanied by identifying information as  financial information described in (a) or (b) above on or before the date specified.  prescribed by the MSRB.  The County may meet the continuing disclosure filing requirement described above by complying with any other procedure that may be authorized or required by the United States  Securities and Exchange Commission.  For the purposes of this Section, "financial obligation" means (a) a debt obligation, (b) a derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation, or (c) a guarantee of either clause (a) or (b). The term "financial obligation" shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with Rule 15c2-12 issued under the  Securities Exchange Act of1934 ("Rule 15c2-12").  Ift the County fails to comply with the undertaking described above, any beneficial owner of the Bonds may take action to protect and enforce the rights of all beneficial owners with respect to such undertaking, including an action for specific performance; provided, however, that failure to comply with such undertaking shall not be an event of default and shall not result in any acceleration of the Bonds. All actions shall be instituted, had and maintained in the manner provided in this paragraph for the benefit ofall beneficial owners oft the Bonds. to the extent necessary or appropriate in the judgment of the County, provided that:  The County reserves the right to modify from time to time the information to be provided (a) any such modification may only be made in connection with a change in circumstances that arises from a change in legal requirements, change in law, or change in the  identity, nature or status ofthe County;  (b) the information to be provided, as modified, would have complied with the requirements of Rule 15c2-12 as of the date of the Final Official Statement, after taking into account any amendments or interpretations of Rule 15c2-12, as well as any changes in  circumstances; and  (c) any such modification does not materially impair the interests oft the beneficial owners of the Bonds, as determined either by parties unaffiliated with the County (such as bond counsel), or by the approving vote of the registered owners of a majority in principal amount of  13    the Bonds pursuant to the terms of this resolution, as this resolution may be amended from time  to time, at the time ofs such amendment.  In the event that the County makes such a modification, the annual financial information containing the modified operating data or financial information shall explain, in narrative form, the reasons for the modification and the impact of the change in the type of operating data or  financial information being provided.  The provisions of this Section shall terminate upon payment, or provision having been made for payment in a manner consistent with Rule 15c2-12, in full of the principal of and  interest on all ofthe Bonds.  Section 9. The Chair of the Board, the County Manager, the Finance Director and the Clerk to the Board or any deputy or assistant Clerk to the Board for the County are hereby authorized and directed to execute and deliver such closing and other documents necessary for the purpose of facilitating the sale and issuance of the Bonds in a manner consistent with the terms ofthis resolution. The officers, employees and agents oft the County are hereby authorized and directed to do all acts and things required oft them by the provisions of this resolution for the full, punctual and complete performance of the terms, covenants and provisions oft thel Bonds and  any other documents contemplated by this resolution.  Section 10. This resolution shall take effect upon its adoption.  Upon motion of Commissioner Robert Reives, the foregoing resolution entitled "RESOLUTION PROVIDING FOR THE SALE AND ISSUANCE OF $25,000,000 GENERAL OBLIGATION PARKS AND RECREATION BONDS, SERIES 2023" was adopted by the  following vote: Ayes: 7_ Noes: 0  14    I, Hailey Hall, Clerk to the Board of Commissioners for the County of Lee, North Carolina, DO HEREBY CERTIFY that the foregoing is a true copy of sO much of the proceedings oft the Board of Commissioners for said County at a regular meeting held on August 21,2023, as relates in any way to the adoption of the foregoing resolution providing for the sale and issuance of general obligation bonds of said County and that said proceedings are to be  recorded in the minutes of said Board. given as required by North Carolina law.  IDO HEREBY FURTHER CERTIFY that proper notice of such regular meeting was WITNESS my hand and the official seal ofsaid County this 21S day of August, 2023.  #ailun Mall  Clerk to thel Board  [SEAL]  couL AE B  CARO  15     E B I (  E  o  e @ 9 - 5 E E ) I  a > S - @  a S  a  ) CO la S    CALO  RESOLUTION AUTHORIZING THE SALE OF PROPERTY LOCATED AT: 573 WOOLARD ROAD, SANFORD  WHEREAS, the County of Lee owns certain non-vacant property located at 573 Woolard Road, PIN number 8694-72-7292-00, Lee County, North Carolina, as shown on a deed recorded in Deed Book 1530, Page 75, in the office oft the Register of Deeds for Lee County, to which the  record thereof reference is hereby made for more complete description; and, WHEREAS, the taxable value of the property is $28,000.00; and,  WHEREAS, the above-referenced property was conveyed to the County as the result ofa tax foreclosure sale and the amount of fees and taxes owed on the property as the result of such  sale is $26,738.50; and,  WHEREAS, North Carolina General Statutes SS 153A-176 and 160A-269 permit the County to sell property by upset bid, after receipt of an offer to purchase the property; and, WHEREAS, the County of Lee proposes to dispose oft the above described property asi it NOW, THEREFORE, BEITRESOLVED by the Lee County Board of Commissioners 1. The Lee County Board of Commissioners declare the property located at 573 Woolard Road, Sanford, North Carolina PIN 8694-72-7292-00 to be surplus property. 2. The Lee County Board of Commissioners authorize the property to be advertised and sold through its Surplus Property Process at ai minimum price of$26,738.50 which is the amount currently owed on the property. Bids lower than $26,738.50 shall be rejected.  is surplus to the County's needs by its Surplus Property Process;  as follows:  Dated this the aI day of August, 2023.  Chair  Lee County Board of Commissioners Mepnkr  ATTEST:  COUNT 1947 BR E  #aili #all Hailey Hall, Clerk Lee County Board of Commissioners  A        E  J &  8    County Manager's Report - August 21, 2023  Ongoing Projects  Moore Training Facility - Terraquest Environmental Consultants has placed the order for the equipment to install the skimmer system for the continuation of the hazardous waste mitigation that was previously approved by the Board of Commissioners. The lead time for the equipment delivery is 6 weeks. The tentative schedule for installation is the second week in September. A draft permit for Lee County has been issued by the NC Department of Environmental Quality. The comment period on the draft permit began on August 6, 2023 and will end September 20, 2023. Public hearing will be held Thursday, September 14, 2023 at 10:00 a.m. in the McSwain Extension Education and Agriculture Center Auditorium located at 2420 Tramway Road, Sanford, North Carolina. The permit may be issued on September 20, 2023 if no comments are received. Any comments that are received during the comment period will be considered and, ifappropriate, Multi-Sports Complex-McAdams confirmed that wei are: still waiting on DOT tof finalize appraisal fort the access break. Street names approved by Parks and Rec Commission have been included ont the August21"agenda for the Board of Commissioners approval. Ap pre-bid meeting was held August 1, 2023 at the Bob Hales Center. All pre-qualified contractors were in attendance and represented. The deadline for bids is August 29, 2023. Best case for construction to begin is October/November, but this depends on bids received and contract negotiations with the general contractor. Details regarding a groundbreaking ceremony will be provided as soon as they are Horton Pool - The pool is close to opening. Staff is finalizing a list with the pool contractor, Southeast Aquatics, to outline all items that must be completed before the pool can open. As we move toward closing out the project, we will address the application of liquidated damages to cover the damages incurred due to the delay in addition to items that were addressed by the County. There willl be an onsite meeting with Southeast Aquatics and McGill Associates the week of August 17th to review project progress and final steps to close out. Lee County is pushing for an August 31st opening date with a goal to keep open through Labor Day weekend and on specified dates post-holiday. The final electrical test(Impedancet testing)was completed on Augst  incorporated into the permit conditions.  available.  11th. AI leak test is scheduled for the week of August 18th.  Phase I&IIF Parks Projects = Kiwanis Children's Park and Temple Park-  Temple: The new playground equipment for Temple Park was delivered on June 27, 2023. Assembly started on July 20, 2023, by Churchich and is still in progress. Current plan states assembly of playground and construction of sidewalk is to be completed by next week (by August 18, 2023). Permit approval was received by Churchich from the City for the restroom shelter during the week of August 8th. Churchich started restroom construction the week of August 14th. After playground and restroom construction, LCG will work with Jeremy Thomas Engineering to finalize the design of the utility connections. Lee County will be responsible for arranging the Kiwanis Children's Park: Staff is working with WhithersRavenel. to prepare bid documentation. WhithersRavene. is in the process of reviewing drawings and documentation to finalize the bid Library Building Project - This project is reaching the end of the Design Development phase. Vines Architecture is finalizing the floor layout, and 85% drawings were delivered to Lee County  utility connections.  packet.    on August gth for review. Cost estimates at 85% are anticipated to be completed and delivered to Lee County over the next week. Staff has been working with TELICS and J. Thomas Engineering on the planning and negotiation of an easement for outside sewer connection toi the site. Proposal for the purchase of the easement was approved at the July 24th Board of Commissioners meeting. Vines is reviewing proposed materials with Lee County for building construction toi finalize design/cost estimates. Recommendations will be delivered to the Board of Trustees and the Board of Commissioners, along with a project update from Vines Architecture, Historic Courthouse - Design work continues with Hobbs Architects. REI was onsite last week toi investigate roof restoration and repair and will now proceed with beginning the design work on the roof. The August 2024 grant funding expenditure deadline has been confirmed with Central Pines Regional Council, the grant administrator. This deadline is set by the North Carolina State Historic Preservation Office (SHPO). Staff will continue working with Hobbs to ensure the project Lee County Jail Feasibility Study - A request for proposals (RFP) was issued June 23, 2023 and closed August 11, 2023. The County received three proposals from firms to perform a complete feasibility study on the jail facility. The study will look at the entire jail structure to look for needed improvements, updates, renovations, and/or new building recommendations. Proposals will be evaluated by staff and a recommendation will be brought for the Board's Comprehensive Fire Services Study and Long-Range Plan - A request for proposals (RFP) was issued on August 9, 2023. Proposals are due by September 8th. Once proposals are reviewed, a recommendation will be brought for the Board's consideration in October. The purpose of the study is to provide a review and analysis of the needs of both current and future fire services delivery to include a review of response times, staffing, station locations, equipment evaluation and needs, and industry benchmark comparisons culminating in the development ofa long-range planning document with recommendations for a period of at least 10 years.  at the September 18th meeting.  can be completed by August 2024 deadline.  consideration at the September 18th meeting.  Reports  Tax-7 The Tax Department Collections report for. July is attached.  Building Inspections - Attached are the monthly inspection reports for. July 2023. Library Board of Trustees - Level Up! August 2023 program guide is attached. The Parks and Recreation - The agenda from the July 24, 2023 meeting and minutes from  Board of Trustees does not meet in July. the. June 26, 2023 meeting are attached. TRC- The TRC Agenda for August 2023 is attached.  Upcoming Meetings/Events:  NCACC. Annual Conference = August 24-26, 2023-Wake County  Board of Commissioners Regular Meeting - September 18, 2023- Civic Center - 6 p.m. Board of Commissioners Regular Meeting - October 2, 2023-1 McSwain Center-6 6 p.m.    Board of Commissioners Regular Meeting - October16, 2023-C Civic Center- - 6 p.m.  NORTHCAROLINA, LEE COUNTY Presented for registrationo ontis 87'ay oept 20,ADAD:5AMPM recorded in Book_ 3L Page.181 Pamela G. Bilt, Register rofDeeds