COLN  LEE COUNTY BOARD OF COMMISSIONERS  MCSWAIN EXTENSION EDUCATION AND AGRICULTURE CENTER  2420 TRAMWAY ROAD SANFORD, NC 27330 May 19, 2023 MINUTES  Roll Call  Present: Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  Mark Lovick, Taylor Vorbeck CALL TO ORDER GENERAL SERVICES  Kirk called the meeting to order at 8:30 a.m.  General Services Budget Presentation  General Services Director Robbie Walters presented the department's budget presentation to the Board, a copy of which is attached and incorporated into  these minutes.  Commissioner Reives arrived at 8:42 a.m.  General Services is reviewing succession planning to hire certified staff now due to upcoming retirements and new County facilities opening in the next few years.  Commissioner Dr. Andre Knecht arrived at 8:52 a.m.  Commissioner Reives would like to add one HVAC technician and one nousekeeper position. An electrician technician has been included in the recommended budget.  GS_Presentation 2023.pdf FY 2024 General Senices.expenses.pdt    Motion: Motion to add one HVAC technician and one Housekeeper position to For: 7- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark  the General Services department. Mover: Robert Reives Lovick, Taylor Vorbeck Motion Result: Passed  DEPARTMENT OF SOCIAL SERVICES  Department of Social Services Budget Presentation  Assistant County Manager Angelina Noel introduced the new Director of Social Services, Takishia McMiller. Ms. Noel presented the Department of Social Services budget presentation. A copy of the presentation is attached and incorporated into these minutes. Commissioner Andre Knecht asked for the breakdown of the individuals receiving assistance from each of the, programs. Ms. Noel will compile and provide that information to the Board. Medicaid expansion is mandated from the State and will provide funding for the additional four positions. The County will receive $64,000 for expansion (which may be used to renovate space in the Government Center, purchase desks, computers, phones, etc. for those new positions), but the positions will cost the County $18,000 because DSS receives reimbursement dollars from the State for only 75% of their budget. Ms. Noel said she, Ms. McMiller, and Health Director Heath Cain have started meeting on a regular basis to work on the consolidation. Information has been provided to all the employees about the consolidation process. County Attorney Whitney Parrish said the revised personnel policies will be on for the first meeting in. June.  2023-2024._DSS BugetPresenatonppw FY2024 Social Services_revenues and expenses.pdf  SHERIFF'S OFFICE  Sheriff's Office Budget Presentation  Sheriff Brian Estes presented the Sheriff's Office, Jail, Animal Control, School Resource Officers, and Communications budget presentation to the Board, a copy of Commissioner Mark Lovick asked to leave at 10 a.m. and left after a unanimous Chairman Kirk Smith called for a ten-minute break at 10:01 a.m. The Board resumed The Sheriff's Office has grants for some equipment currently, but there are a lot more opportunities available. Chief Deputy William Sturkie worked with the County's/T department to determine the need for 20 new laptops. Ten are currently recommended; however, many devices' warranties have already expired or are close to expiring. The body camera company, Axon, has a very user-friendly interface in which staff can pull specific videos that are requested. The State mandates that deputies must go to the firing range once a year to maintain proficiency, but Sheriff Estes would like to increase that to three or four times a year. The time and the facility is what is most costly.  which is attached and incorporated into these minutes.  vote from the Board to excuse him.  at 10:11 a.m.    Commissioner Bill Carver. noted that Commissioner Lovick wanted to advocate before Sheriff Estes pointed out that the County needs a new jail. He originally asked for four new civilian positions to be in the control room in order to free up detention officers, but after working with the County Manager, he changed his request to two detention officers due to the State changing the certification rule surrounding certain. jail staff. The Sheriff needs five staff per shift to be fully staffed and the jail is at four per shift currently. The department has increased the starting salary to closer to what deputies make in order to recruit detention officers, which is $44,000, but the Sheriff would like to get the salary to $47,000 eventually. The Sheriff noted that his office was able reach the $44,000 salary relying on the recently funded pay study and 7% COLA. The Sheriff's Office would like to pay for BLET: for potential deputies to recruit and keep up with demand for deputies. Commissioner Carver suggested the Sheriff talk to Central Carolina Community College about their workforce efforts for detention officers, staff, and BLET. The Sheriff said the lock upgrade will occur in August, but it will require shifting some inmates and paying for their stay elsewhere while the upgrade is taking place. The facility study is currently underway, and the Sheriff would like for the camera system to be considered within that The County provides all Animal Control related enforcement for the City of Sanford and County, 60% and 40% respectively. The Sheriff asked for two additional deputies, and one was. funded. He would like to eventually have a supervisor on each shift and an A School Resource Officer prepared a handout for the Board with statistics, a copy of which is attached and incorporated into these minutes. Coverage has been good, but this year there were additional school incidents that occurred including bomb threats and active shooter threats. SROS are. required to complete an SRO class and to serve as a deputy for one year before serving at a school. The SROS are at the schools for. safety The Sheriff wants to hire one part-time dispatcher for every shift, which is four shifts, to  he left to provide the two night vision devices and one light tower.  study.  additional deputy sO there is 24/7 coverage for animal control.  purposes, not to enforce school policies.  assist when the six full-time dispatchers are unavailable.  Sheriff (combined).pptx FY: 2024 Animal ControLexpenses.pdr FY: 2024 Dspatch.expensespar FY. 2024 Jail_revenues and expenses.pdf FY 2024 School Resource Oficer.expenses.pdr FY 2024 Sheriff_ revenues and expenses.pdf  Motion: Motion to excuse Commissioner Mark Lovick for the remainder of the For: 7-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark  budget work session. Mover: Robert Reives Lovick, Taylor' Vorbeck Motion Result: Passed Mover: Bill Carver  Motion: Motion to add two night vision devices and one light tower.    For: 6 - Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  Taylor Vorbeck Absent: 1- Mark Lovick Motion Result: Passed FIRE DISTRICT FLAT TAX  Fire District Flat Tax Rate Discussion  Cape Fear Fire Station Chief and Fire Advisory Board (FAB) Vice-Chair Josh Billings came before the Board to discuss the proposed fire district flat tax rate. Chief Billings understands the need for the proposed fire district flat rates after working with County Manager Lisa Minter and staff to work through questions and the process surrounding the proposed changes. He said he's always prepared his budget based on his district's needs, and that other stations may not have done the same. He feels the flat tax is how the fire districts and the County will handle the coming growth. Ms. Minter said each district submitted a budget to the FAB and then she added up the total budgets, divided them, and got to a 10-cent rate. Nothing was cut in any of the stations' budgets. The FAB is in place to help make decisions for and review the fire districts' budgets. Commissioner Taylor Vorbeck asked about the allegation regarding creating a County Fire Department. Chairman Kirk Smith, as a member of the FAB, said the County may have to reconfigure based on the altered unincorporated areas of the County due to the City of Sanford's continued annexations. It could be a first step in the future, but not right now. Ms. Minter said the County is not proposing this rate in preparation of moving to a unified County Fire Department, but because staff feels it's a better funding mechanism than what is currently in place. The State Association does offer mental health services and the fire stations invite chaplains in to assist with this as well. There are many classes a volunteer has to take to become certified as a volunteer. firefighter, and classes are now being offered during the daytime, which is another obstacle in recruiting volunteers to serve. Chairman Kirk Smith said staff will provide responses to all questions submitted regarding the flat tax and distribute that information to the FAB and the Commissioners. The fire chiefs still have control over their budgets, and everything will stay the same, with the exception of the tax rate. Deputy Fire Marshal Kevin Smith said the fire chiefs are. having difficulties with the unknown piece, and answering the questions would help  with that, but none of the questions are going to impact the tax rate.  FAB Flat Tax Rate Presentation.pdf memo to Fire Chiefs 5-2023 (002).docx Fire Districts tax calculation-indvidual rates.pdf Fire District Flat Rate Calculation.pdr  LIBRARY  Library Budget Presentation  Chairman Smith asked for a five-minute break at 11:32 a.m. The Board. resumed at 11:40 Library Services Director Beth List presented the Library's budget presentation, a copy of  a.m.  which is attached and incorporated into these minutes.    Commissioner Cameron Sharpe left at 11:53 a.m.  The Library, along with all departments in the County, utilize the same credit card vendor.  The Library does have a board on site available forj job postings. FY 2024 Library_revenues and expenses.pdf FY24 LIBRARY GOALS presentation for 5.19.23.pdf  Motion: Motion to excuse Commissioner Cameron Sharpe for the remainder of the For: 6-[ Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  budget work session. Mover: Dr. Andre Knecht Taylor Vorbeck Absent: 1 - Mark Lovick Motion Result: Passed PARKS AND RECREATION  Parks and Recreation Budget Presentation  Parks and Recreation Director Joseph Keel presented the department's budget presentation to the Board, a copy of which is attached and incorporated into these minutes. Mr. Keel noted increases for temporary services, professional services, and facility development, due to the pool contract for this season and the accepting of the PARTF grant for an all-inclusive playground at O.T. Sloan Park, which will impact the budget next year. June 2nd is the new. substantial completion date for Horton Pool, and staff is meeting on June 1 to go over everything. The pool will then open in July. The proposal for the Endor Iron Furnace project will be given to Parks and Recreation Advisory board on Monday and will then come back to Board before sending the proposal to the State. The department has moved away from in-house monthly outdoor education programs which had low participation and towards community events such as. Family Movie Night. Assistant County Manager Jennifer Gamble advised the Board that the County is calculating damages at $1000/day, since the initial substantial completion date  on May 1. O.T. Sloan Pool will open on May 28. 2023 Budget Presentation.pptx FY2024 Recreation.evenues and expenses.pdf  BUDGET DISCUSSION  The floor was opened for additional questions and budget discussion. Commissioner Robert Reives asked about the $600,000 allocation to Lee County Schools for the demolition of the Jonesboro School building. County Manager Lisa Minter said the request came in before the fire occurred at the building and Ms. Minter would like to remove that item from the budget and have the Board of Education come back once they receive numbers from insurance company and have a plan. Commissioner Reives suggested the school district keep some of the property for maintenance and bus garage expansion and sell the rest. Commissioner Andre Knecht suggested using part of the building for controlled burn training. Commissioner Bill Carver asked about the school district's request for teacher supplements and noted that he would like to see at least some ofi it funded. Ms. Minter said staff requested an opinion from the School of Government (SOG) regarding whether the County must continue    providing funding year after. year at that rate, even ifit is considered one-time funding. Staff received a response from the School of Government, which was read by the County Ms. Minter said the COVID-19 money: from the State and federal levels have completely different. rules than for the local governments. Commissioner Reives said former County Manager Dr. John Crumpton's position has always been once, you commit funds to the school district, you have to continue it. Commissioner Carver. asked to request to add the supplemental bridge to the next Board meeting agenda. Ms. Minter asked the Board for direction of cuts/how to fund the request ifit is approved. Commissioner Carver said to raise the tax rate to 66 cents and use fund balance for the remainder of the request. The State gave $1.7 million that goes to certified staff. Lee County Schools wants to do a classified staff and bus driver bonus as well. Ms. Minter reminded the Board that the County does not control how the school board spends its money, and they do not have to use it on the intended purpose. Commissioner Taylor Vorbeck asked why the padded jail cell wasn't in the recommended budget. Ms. Minter didntrecommend it because the analysis is currently underway, and staff and the Board need to see the results to determine if an entirely new Motion: Motion to remove the $600,000 allocation request from the Lee County Board of Education to remove the Jonesboro School building from the County's 2023-2024 For: 5- Dr. Andre Knecht, Robert Reives, Kirk Smith, Bill Carver, Taylor Vorbeck  Manager.  facility is needed or ift the existing facility can be renovated.  Recommended Budget. Mover: Robert Reives Motion Result: Passed CLOSED SESSION  Absent: 2- Cameron Sharpe, Mark Lovick  Closed Session pursuant to North Carolina General Statutes 143-318(a)(3) to preserve the attorney client privilege, and may approve a mutual release and settlement Motion: Motion to go into Closed Session pursuant to North Carolina General Statutes 143-318(a)(3) to preserve the attorney client privilege, and may approve ar mutual release and settlement agreement and a resolution authorizing the sale For: 5- Dr. Andre Knecht, Robert Reives, Kirk Smith, Bill Carver, Taylor Vorbeck Motion: Motion to go out of Closed Session. The Board reconvened at 12:39 p.m. For: 5- Dr. Andre Knecht, Robert Reives, Kirk Smith, Bill Carver, Taylor Vorbeck Motion: Motion to approve the settiement agreement and resolution. For: 4- Robert Reives, Kirk Smith, Bill Carver, Taylor Vorbeck  agreement and a resolution authorizing the sale of property  of property. The Board went into Closed Session at 12:22 p.m.  Mover: Dr. Andre Knecht Motion Result: Passed Mover: Dr. Andre Knecht Motion Result: Passed Mover: Robert Reives Against: 1 - Dr. Andre Knecht  Absent: 2- Cameron Sharpe, Mark Lovick  Absent: 2- Cameron Sharpe, Mark Lovick    Absent: 2- Cameron Sharpe, Mark Lovick  Motion Result: Passed  ADJOURN  Motion: Motion to adjourn. The Board adjourned at 12:41 p.m.  Mover: Dr. Andre Knecht Motion Result: Passed  For: 5- Dr. Andre Knecht, Robert Reives, Kirk Smith, Bill Carver, Taylor Vorbeck  Absent: 2- Cameron Sharpe, Mark Lovick  baDfdu 'Kirk Smith, Chairman  Lee County Board of Commissioners  ATTEST:  Huiltl Hailey Hall, Clerk to the Board  COUNT 4T paE  * AR    -    - E  E    a L 2 e S S 2  e L 3  A : D E E - N E 8 C a  y  5 d  e a 6O LL    4  3 @ € a S E @ E I  S > a  L  e a U a n e D n  a e o E M a  @ o o 3 3 3 o 3 6 M a o = 5 A A : o n D   > & E S  o M  @  4 a E N LE C    o 6 a 6 U E o 3 T  M  0 3 W Ls  A  S  a a0  a  6 0 E a 0 a of la e  M U M 9 8 6 de e  - E a a o a de - à    A   o a  - M  C   o a o M a M 3    M O - S > a VA - - N 5 O & - O  - O  C  o  -  9    o w  E  E  1    C 6 3 - a 8 a o o M - o M  C    o - & a S A - E M 1  U @  1D o  a  C :  C  o 1 - 2    9 - -  a 3  - 9  A O  o      e @ V @ 3 a  NM   o C € o E M 1 3 9 lo a a e  E  a  A U  n  E a D    a  M - - 3  < LL  a 0 a a  S S L - O 5     @  0 -  N -   < E  :  0  o o & o U  - 3 3 LL C 0 5  o N $ o la 5 o - C    L  B  C    W 5  E &  @  N - - o a 3  @  E    Z €  B 3 O      S 2 - L  S N E  -  6  9  2  E  2  - - O A  B e 5 8 - 6 B 10 LE 6  9 >  D s S C    a A M M a 8  a  3 8  = le 6 E    -  1    a   is E 0 E I 8  S & o  3 J  60  = @  A  a    0 e  - E 9 *  € @  S  ) 0 D D  e S) &  O 8 2e C a  S - S S @ a E 2 @ 1V o 0 de O 9 D O B D ) B  S  o 60 -  W  0 -  Olo a  S    a  E  d0 0 D - C  f  2  a  - D - @ X A 3 1    - SV   O S E 3 a -  e a a D a @ d0 e  Bo  0 9 0 En A 00    2 e 2  33  - t b0 -  -  - a    8  a 1 a 0 a 8 6 9 C 3 a  5 a  8 00 88 88 8 8 d0  B  -  10 C  C N  1o D e  @ a S a    a C  I O  a o D  9  e  E 8 I E 3 8  in 8 m S a S 8 @ e n 1o  C  6 6 Ln - S 3  6 a 3 D - E  a 50 3 a  e  0 00  de  09 B de  e - o 9 0 6 e a e e @ e D à O 1  0 I D B e 6 e 2 € a B - : e la of B  C in B I a a I : e 00 a  - 9 o S S 3 a e 2 E D  - 3 a    n. 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The most important job is to maintain school security and ensure the safety ofthe students and staff. We respond to a variety of situations daily from dealing with irate parents, disorderly students, to medical emergencies. All ofwhich are a safety concern for our campuses. SRO's act daily as counselors. We are a resource for a student that feels threatened at home or at school. These topics range from bullying, to neglect, and or child abuse. We strive to helpjuveniles make positive life choices, and to assist them in developing conflict resolution skills to deter them from committing criminal acts. We work on building positive relationships especially those who have a negative pre-existing idea oflaw enforcement personnel. Parents ofjuveniles will often seek out their child's SRO for guidance in various situations, such as how to proceed legally in a tough situation. Many of the parents will often advise the SRO ofincidents that may concern law enforcement in the area or community surrounding the school. When the SROis involved in the student's community, the parents often bond with the SRO and are able to establish a pivotal link that enables effective community policing. Asan SRO, you really get an understanding of what is going on around your school. We currently have 2 SRO's Sgt. Spivey and Deputy Kindle that are G.R.E.A.T. certified and trained to teach a law enforcement-based curriculum on effective gang and violence prevention. The program is intended as an immunization against delinquency, youth violence, and gang membership for children in the years immediately before the prime ages for introduction into gangs and delinquent behavior. It also walks the students through processes like decision making, conflict resolution, anger management, and the consequences of gangs and  violence.  G.R.E.A.T. was started back this year with 4 schools being taught since Sheriff Estes took office. 2023 will continue with the same trend in hopes that moré  schools can be added.    We also have two SRO'sserving on the NC. Association of School Resource Officers Board. Sgt. Kevin Spivey and Sgt. Larry Whitaker both serve in different capacities. Sgt. Spivey has served as the Secretary and the Chaplain and currently holds the Secretary position until 2024. Sgt. Whitaker is the Region 4 representative for the state until 2024. They are first people from Lee County to serve on the SRO board. There are currently 20 board members. They are responsible for organizing and running the NCASRO Training Conference. Sgt. Whitaker is also on the JCPC Board. This unit also has several NC General Instructors as well, they are Lt. Bayer, Deputy Cameron, and Deputy Jaza. We have had many SRO's working in every division ofthe sheriff's office at some point and time this year. Wel have helped dispatch, worked patrol, the jail, helped the drug unit, and worked court, our division has pulled their weight and filled in  when and where we were: needed.  The following is a synopsis of2022 for the SRO Division:  166 Reports taken at schools 259 Total reports taken  120 Arrest Reports or Juvenile Petitions  27 Citations Issued  Numbers in the school system are up from 120 reports in 2021 to 166 in 2022. That is a 38.3% Increase. This is due to having more. kids return to school from COVID and the virtual learning alternatives that were in place the prior two years. In these reports, 57% resulted in criminal charges filed. The 57% is not an accurate reflection as the arrest reports because this may include warrants that an SRO: may have served during the year and also traffic citations and Teen Court.    Listed below are other various projects or activities that SRO's have been a part of  throughout the year. 6radio show appearances  We have several SRO's that coach middle, high school sports or recreational  sports.  Assist road patrol with mental patient transports  Asaunit we have approximately 750+ hour's continuing education on the SRO  level training  We have participated in various charity events throughout the year.  The SRO's provide security for every Middle School and High School athletic There are SRO's that participate in assisting with coaching some oft the athletic  events as well as Prom and Graduation.  teams.  SRO's participate in school programs and career days  When school is not in session we assist with patrolling and answering calls for Help coordinate and assist with lockdowns, fire drills, and help with continuing SRO's provide presentations throughout the year to classes on various topics. SRO's also helped organize and participated in the Teen Court Program SRO's were also utilized with assisting dispatch and with the Jail and Community The SRO's helped with food hub distribution throughout the year in conjunction  service throughout all ofLee County  services of crisis boxes.  Police Unit  with the schools.    S 0  -  5  o  8 a    E  Y  6  F 3 -   N    I  #    E  a Y @ E  E  8202-. NE88nD    t a - @ E E A  V202-031930038    E  E @ E  2  a  3 E  9202-X0011n0 Aavaarl MEN    00    &    I  8  3 # ET    S  )  -   e  o  0  Lo  de  8  E  S  9    S  D  E 9  n B E  C N o - C @ - S > C a @ 3 E @ M - @ E t - 3 0 4 O  -  D @ @ R B  @ M  L A A S  -    S  e    /  9 -  @E    1    a  51  a €  C B  U -    CPAD    6    C  1 C C  E 8 E  8 S 6 dE : 00 A U  L  e 6  a I  I  8  0 o E  t - e A  € -  I 1    0  3 E    DE 0 a  e RE    Z   HSDHNSANOH    EORLNg 1gaepr   9  IEPIPNAI pesags    RPSU 1ul!  Epapsa    X - = -  0  3  - - - - a -        2 a 8  00  8 E B a  - - :    MUTUAL RELEASE OF ALL CLAIMS AND SETTLEMENT AGREEMENT This MUTUAL RELEASE OF ALL CLAIMS AND SETTLEMENT AGREEMENT ("Agreement") is entered into as of the Effective Date defined below, by and between the Lee County Government, a political subdivision of the State of North Carolina ("Lee County"), and the City of Sanford, a municipal corporation of the State of North Carolina ("City of Sanford"). Lee County and the City of Sanford are collectively referred to as the "Parties," and Lee County  or the City of Sanford may bei referred toi individually as a "Party."  RECITALS  WHEREAS, on or about October 1,2019, the Parties entered into an Interlocal Agreement governing their participation in an economic development incentive project, known as Project Forge, later tol be announced as Bharat Forge Aluminum USA, Inc. ("Project Forge");  WHEREAS, pursuant to the Interlocal Agreement, Lee County agreed to and did purchase an approximately ninety-nine (99) acre tract of land located on Colon Road in Sanford, North  Carolina (PIN9655-21-2728-00);  WHEREAS, pursuant to the Interlocal Agreement, approximately seventy-eight (78) acres of the 99-acre parcel were to be prepared as an industrial site for Project Forge. The County retained the remaining twenty-one (21) acre parcel located at 192 Tabitha Lane, Sanford, North  Carolina (the' "Property");  WHEREAS, pursuant to the Interlocal Agreement, Lee County contributed seven hundred thousand dollars ($700,000.00) to the City of Sanford for payment or reimbursement of site preparation including but not limited to acquisition of road right-of-way, clearing, grading, and  preparation ofas site pad;  WHEREAS, during site preparation, City of Sanford representatives relocated soil materials from one area of the property to another. Encountering and staging these soils was  outside the scope of the Interlocal Agreement;  WHEREAS, a dispute has arisen regarding the Property;  WHEREAS, on December 9, 2022, the Parties entered into a' Tolling Agreement to toll all applicable statutes of limitations and other time-related defenses regarding any potential claims the parties may have against one another for a period of six (6) months (through and including June 9, 2023) and to confirm the Parties' agreement to participate in pre-litigation settlement  negotations;  WHEREAS, pursuant to said Tolling Agreement, the Parties entered into negotiations to resolve their differençes, engaged ini in-person and virtual meetings, site visit(s), discussions, and held separate! Board and Council meetings, resulting in the amicable resolution of their dispute(s),  to which this Agreement has been reached; and  lof6    WHEREAS, ini reliance upon the promises and representations made by the Parties in this Agreement, and in exchange for good and valuable consideration, the Parties wish to settle, compromise, and resolve their dispute(s) to avoid the expense, delay, and uncertainty attendant to potential litigation and to settle and forever resolve any and all claims between the Parties arising  from or related to thel Property.  AGREEMENT  NOW, THEREFORE, in consideration of the mutual promises, obligations and undertakings hereinafter set forth and other good and valuable consideration, the receipt and sufficiency of which are hereby expressly acknowledged, the Parties hereby covenant and agree  as follows:  1. Purchase of the Property: Lee County is the record owner ofthe approximately twenty-one (21) acre site located at 192 Tabitha Lane (PIN 9655-20-2542-00) and recorded at Book 1546, Page 0455, Lee County Register of Deeds. Lee County has legal authority to sell the Property to the City of Sanford pursuant to North Carolina General Statutes $S 153A-176 and 160A-274. The City of Sanford hereby agrees to purchase, and Lee County agrees to sell, the Property for the price of four hundred twenty-five thousand dollars (S425,000.00) (the "Purchase Price"). The Purchase Price is to be paid at closing, which is to occur within sixty (60) days ofthe  Effective Date oft this Agreement, as defined below.  2.  Condition and Conveyance of the Property: The Parties agree the County and  the City will each adopt the language set forth on Exhibit A approving the conveyance and purchase oft the Property prior to the conveyance of the Property. The conveyance ofthe Property shall be by general warranty deed, transferring all rights, title, and interest to the Property, in "as is where is" condition. The Parties hereby agree to promptly execute any and all documents necessary to provide for this conveyance by deed transfer in accordance with customary real estate practices in the State ofNorth Carolina and the County ofLee. The parties acknowledge that the  purchase price takes into account the potential costs oft the debris pile(s).  3.  Disclosure of) Interested Persons: Lee County acknowledges that it has received  informal offers and interest in the Property from potential buyers that may or may not have led to a purchase of the Property. Lee County hereby agrees to provide the City of Sanford with the names and contact information oft the persons, ifthey consent, expressing interest in the Property  within ten (10) days ofexecution oft this Settlement Agreement.  4.  Release of Cityo ofSanford: Lee County, for itself and its respective or collective  officers, employees, agents, managers, representatives, commissioners, successors, assigns, consultants, and predecessors hereby release the City of Sanford and its respective or collective officers, employees, agents, managers, representatives, council members, successors, assigns, consultants, predecessors, and attorneys from any and all liability, losses, damages, expenses, claims, demands, actions, and any and all causes of action whatsoever, whether known or  unknown, arising from or related to thel Property.  2of6    5. Release of Lee County: The City of Sanford, for itself and its respective or collective officers, employees, agents, managers, representatives, council members, successors, assigns, consultants, and predecessors hereby release Lee County and its respective or collective, officers, employees, agents, managers, representatives, commissioners, successors, assigns, consultants, predecessors, and attorneys from any and all liability, losses, damages, expenses, claims, demands, actions, and any and all causes of action whatsoever, whether known or  unknown, arising from or related to the Property.  6.  Phase I Environmental Site Assessment: The City of Sanford intends to conduct  a Phase 11 Environmental Site Assessment in connection with the purchase of the Property. The City of Sanford hereby agrees that the Phase 1 Environmental Site Assessment will not affect or  unreasonably delay the purchase and sale ofthe Property as described above.  7.  Attorney's Fees: Each Party hereto shall bear its own costs and attorey's fees in  connection with this Agreement and all matters and documents referred to herein except as  specifically provided in such documents.  8. No Admission of] Liability: It is understood that this Agreement is entered into in connection with the compromise and settlement of disputed claims, and the execution of this Agreement does not constitute and shall not be construed as an admission or acknowledgement of  fault, liability,r responsibility, or wrongdoing by any Party hereto.  9.  Full and Final Settlement: The Parties acknowledge and agree that this is a full  and final settlement of all claims arising between them arising from or related to the Property, including, but not limited to, site clearing, removal of any excess dirt and debris pile(s), and liability for any items that may remain on or in thel Property. To the extent ai future buyer or owner ofthe Property seeks redress against Lee County in relation to the soil materials that the City of Sanford representatives: relocated on the Property ("Soil Materials"), the City of Sanford agrees to defend and hold harmless Lee County from future claims or liability related solely to the Soil  Materials on the Property.  10. Covenant Not to Sue: The Parties covenant and agree not toi file any action or other proceeding against one another regarding the Soil Materials, except for enforcement of this  Agreement.  11. Authority: The Parties to this Agreement hereby represent and warrant to each other that they have taken all actions and obtained all authorizations, consents, and approvals as  are conditions precedent to their authority to execute this Agreement.  12. No Assignment: The Parties to this Agreement represent and warrant that they have made no assignment, transfer, conveyance, or other disposition of any potential claims, known or unknown, and that they are fully entitled to give a full and complete release ofa all such claims and causes of action as such releases are described above. The rights and obligations of  these Parties may not be assigned or transferred to any person or entity.  3of6    13. Entire Agreement: This Agreement contains the entire agreement between the Parties and supersedes and replaces any and all prior or contemporaneous agreements, negotiations, promises, or understandings, written or oral, with regard the matters set forth berein. The terms of this Agreement are contractual and not merely ai recital. This Agreement may not be altered, modified, or amended except by an agreement in writing duly executed by all ofthel Parties  hereto.  14. Mutually Drafted Agreement: The Parties have had the opportunity to be, and have been, represented by counsel of their own choosing in the negotiation and drafting of this Agreement. The Parties agree that any rule of construction of contracts resolving any ambiguities  against the drafting party shall be inapplicable to this Agreement.  15. Applicable Law, Jurisdiction, and Venue: This Agreement is entered into and shall be construed, interpreted, and enforced in accordance with the laws of the State of North Carolina regardless of choice of law principles to the contrary. In addition, the Parties hereto consent to the jurisdiction ofLee County Superior Court over any claims arising under or relating  tot this Agreement, or the relationship between them.  16. Invalid Provision to Affect No Others: Ifany provision ofthis Agreement is held, determined, or adjudicated tol beinvalid, unenforceable, or void for anyreason, each such provision shall be severed from the remaining provisions oft this Agreement and shall not affect the validity  and enforceability ofs such remaining provisions.  17. Reading of the Agreement: In entering into this Agreement, all Parties represent that they have completely read all terms herein, which are fully understood and voluntarily  accepted by them.  18. Effective Date: This Agreement shall become effective immediately when it has been duly executed by alll Parties. The Effective Date shall be the date upon which it first becomes  effective pursuant to this provision.  SIGNATURE PAGES TO FOLLOW]  4of6    IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as of the dates  written below. ee/c gunty Govemment: ZmDom  Smith Kirki D. 51423 Date Attest: Hailey Hall sligys  Chair, Lee County Board of Commissioners  Sall  Clerk to the Lee County Board ofCommissioners  9/19/2023 Date  COUNT Az  AT  5of6    IN WITNESS WHEREOF, the undersigned have duly executed this Agreement as oft the dates  written below.  WyhofSa)mort Mayor, Sanford.City Council Zeyd  GEg  a,2023  Bonniel Davis  hidn  Clerk to the Sanford City Council 714y23143  Date  This instrument has been pre-audited in the manner required by the Local Government and Fiscal Control Act. This the ag"day ofMay, 2023 Bem Kecly Beth Kelly, Fingnce Director  6of6    EXHIBITA A  RESOLUTION AUTHORIZING THE SALE OF PROPERTY LOCATED AT 192 TABITHA LANE, SANFORD, NORTH CAROLINA WHEREAS, the County ofLee ("County") owns a certain approximately twenty-one (21)acre parcel located at 192 Tabitha Lane. Lee County. North Carolina (the "Property"), as shown on a deed recorded in Deed Book 1546, Page 0455, in the offiçe ofthe RegisterofDeeds for Lee County. to which reference is hereby made for a more complete legal description; WHEREAS. the Property was purchased by the County pursuant to an economic development incentive project known as Project Forge, later announced as Bharat Forge  Aluminum USA, Inc.;  WHEREAS, the economic development project was ajoint venture between the County and the City of Sanford ("City"). by which the County purchased an approximately ninety-nine (99) acre tract ofl land located on Colon Road in Sanford. NC. The County retained the  approximately twenty-one (21)acre Property;  WHEREAS, pursuant to an Interlocal Agreement entered into on or about October 1. 2019, the County contributed seven hundred thousand dollars ($700,000.00) to the City for payment or reimbursement of site preparation including but not limited to acquisition ofr road right-of-way, clearing. grading, and preparation ofas site pad. During site preparation, City representatives relocated soil materials from one area oft the property to another. Encountering and staging these soils was outside of the scope ofthe Interlocal Agreement;  WHEREAS. in order to settle a dispute between the County and the City relating to the actions referenced herein, both parties have agreed that the City will purchase the Property from the County in an "as is where is" condition for four hundred twenty-five thousand dollars ($425.000.00) pursuant to a mutual release ofall claims and settlement agreement; WHEREAS, pursuant to North Carolina General Statutes $S 153A-176 and 160A-274. local govemments can convey property to other local governments by adopting a resolution WHEREAS. the County proposes to dispose of the Property as it is surplus to the County'sr needs and the City agrees to purchase the Property for the sum of four hundred twenty-  agreeing to the conveyance: and  five thousand dollars ($425,000.00).  1of2    EXHIBITA  NOW.THEREFORE, BE IT RESOLVED by the Lee County Board of Commissioners I. The Lee County Board ofCommissioners hereby accepts the offer of $425,000.00 from the City of Sanford to purchase the Property and to settle any and all disputes and claims related to the Property among the two governments pursuant to the Mutual 2. The County Manager, the Chair ofthe Board of Commissioners and all other appropriate County officials are authorized to execute the necessary instruments to  as follows:  Release of All Claims and Settiement Agreement; and  effectuate the conveyance. Dated thist the17"d day of May. 2023.  Ampondu Kirk D. Smith, Chair Lee County Board of Commissioners  ATTEST: nilin Mnll Hailey Hall. Clefk Lee County Board of Commissioners  cou  2of2    EXHIBITA  RESOLUTION AUTHORIZING THE PURCHASE OF PROPERTY LOCATED AT 192TABITHA LANE, SANFORD, NORTH CAROLINA WHEREAS, the County ofLee ("County") owns a certain approximately twenty-one (21) acre parcel located at 192 Tabitha Lane, Lee County, North Carolina (the Property"), as shown on a deed recorded in Deed Book 1546, Page 0455, in the office of the Register ofDeeds for Lee County, to which reference is hereby made for a more complete legal description; WHEREAS, the Property was purchased by the County pursuant to an economic development incentive project known as Project Forge, later announced as Bharat Forge  Aluminum USA, Inc.;  WHEREAS, the economic development project was a joint venture between the County and the City of Sanford ("City"), by which the County purchased an approximately ninety-nine (99) acre tract ofl land located on Colon Road in Sanford, NC. The County retained the  approximately twenty-one (21) acre Property;  WHEREAS, pursuant to an Interlocal Agreement entered into on or about October 1, 2019, the County contributed seven hundred thousand dollars ($700,000.00) to the City for payment or reimbursement ofs site preparation including but not limited to acquisition ofroad right-of-way, clearing, grading, and preparation ofas site pad. During site preparation, City representatives relocated soil materials from one area oft the property to another. Encountering and staging these soils was outside of the scope of the Interlocal Agreement;  WHEREAS, in order to settle a dispute between the County and the City relating to the actions referenced herein, both parties have agreed that the City will purchase the Property from the County in an "as is where is" condition for four hundred twenty-five thousand dollars ($425,000.00) pursuant to a mutual release ofall claims and settlement agreement; WHEREAS, pursuant to North Carolina General Statutes SS 153A-176 and 160A-274, local governments can convey property to other local governments by adopting a resolution WHEREAS, the County proposes to dispose of the Property as it is surplus to the County'sr needs and the City agrees to purchase the Property for the sum of four hundred twenty-  agreeing to the conveyance; and  five thousand dollars ($425,000.00).  NOW,THEREFORE, BE IT RESOLVED by the Sanford City Counciasfollows--- I. The City shall purchase the Property from the County for $425,000.00. The purchase shall be to settle any and all disputes and claims related to the Property among the two governments pursuant to the Mutual Release of All Claims and Settlement Agreement;  and  1of2    EXHIBITA  2. The City Manager, Mayor and all other appropriate City officials are authorized to  execute the necessary instruments to effectuate the conveyance.  Dated this ebaye of May, 2023.  Rebecca  ATTEST:  Cpagr  Bonnigl Davis, City Clerk  elans  NORTHCAROLINA, LEECOUNTY Presented for registrationonthis q"da day CMmABIYIN recordedi in Book 35 Pageln99 Pamela G. Brilt, Register rofDeeds  2of2