LEE COUNTY BOARD OF COMMISSIONERS  MCSWAIN EXTENSION EDUCATION AND AGRICULTURE CENTER  2420 TRAMWAY ROAD SANFORD, NC: 27330 February 6, 2023 MINUTES  Roll Call  Present: Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  Mark Lovick, Taylor Vorbeck CALL TO ORDER INVOCATION of Allegiance.  Chairman Kirk Smith called the meeting to order at 6:00 p.m.  Commissioner Mark Lovick provided an invocation and led the Board in the Pledge  PLEDGE OF ALLEGIANCE ADDITIONAL AGENDA Lee County, to the agenda. Mover: Bill Carver Vorbeck Absent: 1- Dr. Andre Knecht Motion Result: Passed I. APPROVAL OF CONSENT AGENDA Mover: Taylor Vorbeck Vorbeck Absent: 1- Dr. Andre Knecht Motion Result: Passed  Chairman Smith asked to add Item III, a proclamation recognizing Black History Month in For: 6- Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick, Taylor  Motion: Motion to approve the agenda as amended.  Motion: Motion to approve the Consent Agenda as presented.  For: 6- Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick, Taylor  IIAI Refund and Release Report for December 2022    December Real Property Abatement Report.pdf December Personal Abatement Report.pdf RELEASE CODES SPREADSHEETXIS II.B Certification of no Overdue Tax Debts 100-Certification-of- oOlerdueTaxDeli-lee  Gen Statute 105.docx  County.pdf  II.C Acceptance ofl Lee County Libraries Signed Records Retention and Disposition II.D Request to apply fort the Infant Mortality Reduction Program State Funds.  Schedule for Public Libraries  Signed Records Retention Schedule 1.11.23.pdf Email notification for IMRF RFA.pdf the Animal Services Program NCVMA Animal Welfare Grant.pdf  II.E Request to apply fort the NCVMA Animal Welfare Grant in the amount of $2,500 for  II.F County ofl Lee Transit System Safety Plan Annual Update Lee County Safety Plan Policy Statement BOC.docx  II.G Declare Olivia Road Surplus Property and Authorize Staff to Advertise the Offer  Commissioner Deed.pdf Olivia Road First Resolution (003).docx Olivia Road Map.pdf Real Estate OfferLetter and Receipt pdf Advertised Commissioner Deed Cox Maddox.pdf Cox Maddox 1st Resolution.docx Cox Maddox Surplus Map 2.p pdf Cox Maddox signed offer.pdf BA: 2-6-23-9.pdf  IIH Declare Property 721 Cox Maddox Road Surplus and Authorize Offer To Be  II.I Approval ofE Budget Amendment # 02/06/23/09 IL.J Minutes from the. January 9, 2023 Regular Meeting BOC Regular Meeting Minutes-1-9-23.docx IIK Terraquest funding for Marelli site cleanup andi monitoring Terraquest 1-2023 Basis of Charges Marelli.pdf  III. PROCLAMATION    IILA Proclamation Recognizing Black History Month  Chairman Kirk Smith brought a Proclamation Recognizing Black History Month to the Board and asked Commissioner Taylor Vorbeck to read it aloud. Commissioner Robert Reives asked that a correction be made to change the title of House Minority Motion: Motion to approve the Proclamation Recognizing Black History For: 6-F Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark Lovick,  Leader for Robert T. Reives, IIt to House Democratic Leader. RESOLUTION- BLACK HISTORYMONTH.dox  Month as amended. Mover: Bill Carver Taylor Vorbeck Absent: 1-D Dr. Andre Knecht Motion Result: Passed  IV. PUBLIC COMMENTS  -Jay Delancy, 296 Fairway Lane, Sanford (Christ Church Sanford - supportive of Arianna Lavallee, 806 Brandon Circle, Sanford (Life Springs Church Dream  text amendment on churches in downtown Sanford)  Center vote) V. OLD BUSINESS  V.AI Bob E. Hales Roof Replacement  Commissioner. Andre Knecht arrived at 6:06 p.m.  General Services Director Robert Walters presented bids for the Bob E. Hales roof replacement tot the Board. Bid opening occurred on. January 19a at the Summit Drive building with four bids being submitted. Owens Roofing was identified as the lowest responsive responsible bidder submitting a bid totaling $326,124.00 which included the base bid fort the project of $183,409.00, Alternate No. 1 for $137,902, Alternate No. 21 for $2,831.00, and Alternate No. 31 for $1,982.00. 022RAL-049 Lee County Bob E. Hales Center RR- Bid Recommendation.pdr 022RAL-049 Lee County Bob E. Hales Center RR Bid Tabulation Certified. pdf Owens Roofing.pdf Motion: Motion to award the bid to Owens Roofing in the amount of $326,124.00 for the Bob E. Hales Roof Replacement project.  Mover: Robert Reives Mark Lovick, Taylor Vorbeck Motion Result: Passed School Calendar  For: 7- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  VI. NEW BUSINESS  VI.ALee County Board of Education Chair Addressing the Board Regarding the Board of Education Chair Sherry Lynn Womack appeared before the Board to discuss the Lee County public school calendar and give a presentation, a copy of which is attached andi incorporated into these minutes. The School Board would like more flexibility in setting the school calendar start and end dates which are currently set by statute. The current schedule requires exams to be taken after the Christmas break, precludes Seniors from starting at Community College during the May semester, does not follow band and athletic schedules and does not appear to be helping with test scores. Ours state representatives are seeking a statutory change to the calendar year provision to provide local school boards flexibility in setting the    calendar schedule Commissioner Mark Lovick asked ift there are other school districts that have adopted this flexibility and Ms. Womack said Union County anda Tax Administrator Michael Brown asked the Board to order the tax collector to advertise the tax liens. A report of all unpaid 2022 real property taxes was submitted to the Clerk to the Board and the BOCC on Wednesday, January 25, 2023, and is on file with the Clerk to the Board and also available for review on the County's webpage. The advertisement of tax liens will be published in the Sanford Herald no sooner than March 1, 2023. The total amount of unpaid property taxes as of January 25, 2023, was $2,251,406.21. Commissioner Cameron Sharpe asked ifs staff address how senior citizens can get tax relief. Mr. Brown said advised that every year between January 1 and. June 1, elderly and disable individuals may apply for tax relief up to 50% up to one acre. Mr. Brown has presented this information at the Enrichment Center in the past and can do sO again and the Enrichment Center also Motion: Motion to order the Tax Collector to advertise 2021 delinquent real For:7- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  few others have adopted ai flexible calendar.  VI.B Taxl Lien Advertisement for Delinquent 2022 Real Property Taxes  advertises it. GS_105-369.p pdf property taxes per NCGS 105-369(a). Mover: Robert Reives Mark Lovick, Taylor Vorbeck Motion Result: Passed  VI.CPlanning Board Recommendation for a Zoning Text Amendment to the Lee Zoning Administrator, Amy McNeill brought consideration ofat text amendment to the Board within the Unified Development Ordinance, Table 4.6-1 Permitted Use Matrix to revise the land use categories, Religious Complex (less than 350 seats), new site and Religious Complex (more than 350 seats), new site to remove the prohibition preventing this land use from being located within the Central Business District. This text amendment does not impact the unincorporated areas of the county, as the County does not have a business district, but the text amendment does need to be approved by all participating entities in the UDO. The City of Sanford approved this Amendment on October 11, 2022, and the Town of Broadway approved it on December 19, 2022. Ms. McNeill asked the Board ift there were any conflicts of interest, and none were stated. The Planning Board recommended by unanimous vote to approve the amendment. Motion: Motion that the proposed zoning map amendment IS consistent with the Plan Sanlee long-range plan because the Central Business District (CBD) zoning classification is associated with the Downtown designation, which lists civic organizations, public gathering spaces, and churches as For: 7-D Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Motion: Motion that the Commissioners APPROVE the proposed UDO text amendment because iti is reasonable and in the public interest given that other types of assembly uses are allowed in the Central Business District  County Unified Development Ordinance  01-TA-RELIGIOUS COMPLEXES. pdf  civic-type land uses associated for this area.  Mover: Robert Reives Mark Lovick, Taylor Vorbeck Motion Result: Passed    (CBD): zoning classification. Mover: Dr. Andre Knecht Mark Lovick, Taylor Vorbeck Motion Result: Passed  For: 7-Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  VI.D Major Subdivision Preliminary Plat for Copper Ridge Estates  Planner II Thomas Mierisch presented the Major Subdivision Preliminary Plat for Copper Ridge Estates to the Board, a copy of which is attached and incorporated into these minutes. This development will have 20 single family detached homes and 4 septic lots. Commissioner Bill Carver asked about the non-building septic area, and ift the developers would be pumping affluent downhill along easements. Mr. Mierisch said the septic lots would be maintained by the property owners, and they would pay taxes on those lots. Commissioner Robert Reives asked about rezoning. Mr. Mierisch said there's no rezoning required and that no concerns or complaints regarding the application were received. He said that because there was nota a rezoning requirement, a public hearing was not necessary. Commissioner Kirk Smith Motion: Motion to approve the Major Subdivision Preliminary Plat for Copper For:7-Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver,  had heard some concerns from residents regarding traffic. 02-PLAT-COPPER RIDGE ESTATES.pdf  Ridge Estates. Mover: Dr. Andre Knecht Mark Lovick, Taylor Vorbeck Motion Result: Passed  VI. MANAGERS REPORTS  VIL.A Monthly Financial & Sales Tax Reports  Finance Director Candace Iceman presented the Monthly Financial and Sales Tax Reports to the Board. County sales tax revenues run three months behind. Mrs. Iceman said tax collections as a percentage of the budget are 3.26% behind where we were at the same period last fiscal year. The targeted balance for expenditures for December is 50%. Several departments are over this target due to the inclusion ofe encumbrances. lfencumbrances. are excluded, Juvenile Detention, EMS and Human Services Nonprofits remain over the target. Juvenile Detention is over due to thei increased quantity and stay duration ofj juveniles in detention, EMS is over due to the capital purchase of CPRI machines and Human Services Nonprofits are over  due to the lump sum payment to the NC Veterans Memorial.  December 2022.pdf October 2022 Sales Tax.pdf  VI.B County Manager's Monthly Report for. January 2023  County Manager. John Crumpton noted that staffrecently met with the state at the Endor Iron Furnace property. The state is interested in our participation int this project due to the historical nature of the site. GIS Strategic Services Director Don Kovasckitz and Parks and Recreation Director. Joseph Keel have been put in charge oft this project. Dr. Crumpton is estimating that it will be 12-24 months before the County gets a lease from the state. The multi-sports complex is moving along with the design and permitting, and the newl library design continues. Horton Park pooli is still on track for opening Memorial Day weekend and the Temple Park Phase II should get started in the next 30 days. Dr. Crumpton represented the Board of Commissioners and Airport Authority Board at an NCDOTE event at the Raleigh    Executive. Jetport, which he said was very well attended. Dr. Crumpton said the community has a great asset at the airport, and the County is being noticed by a lot  of people right now.  Library_Level Up! December 2022.pdf Permit Issuance_ Summary! Dec 2022. pdf Sanford-Lee County-Broadway Permits_ December 2022.p pdf Library_2022 November Director_ Report.pdf 1.9.23L Lee County Library Board Agenda. pdf DSS Board Minutes_ September 2022. pdf DSS Board Minutes October 2022. pdf Senior Services Advisory Board Minutes_ 10-19-22.pdf Tax Monthly Managers Report December 2022.docx  VIII. COMMISSIONERS' COMMENTS  ADJOURN  Motion: Motion to adjourn. The Board adjourned at 7:02 p.m.  Mover: Dr. Andre Knecht Lovick, Taylor Vorbeck Motion Result: Passed  For: 7- Dr. Andre Knecht, Robert Reives, Cameron Sharpe, Kirk Smith, Bill Carver, Mark  Kirk Smith, Chairman  KiDattw Lee County Board of Commissioners  ATTEST:.  suln #nll Hailey! Hall, Clerklo the Board  COUN? B    State Grant Certification No Overdue Tax Debts  Date: 06February 2023  To: State Agency Head and Chiefl Fiscal Officer  Certification:  Wec certify that Lee County Government does not have any overdue tax debts, as defined by N.C.G.S. $105-243.1, at thei federal, State, orl local level. We further understand that any person who makes ai false statement in violation ofN.C.G.S. $143C-6-23(c): is guilty ofa criminal offense punishable  as provided by N.C.G.S. $143C-10-1. Sworn Statement:  Kirk Smith Lee County for furtlera action.  and  Matthew Britt  being duly sworn, say that wea are the  Board Chair and Project Director, respectively, of_ Lee County Government of accurate, and completet tot thel best of our knowledge and was madea and subscribed by us. Wea also acknowledge and understand that any misuse of State funds will ber reported tot the appropriate authorities  int the State ofl North Carolina; and that the foregoing certification ist true,  AA Hli NOTARY (GPDBLIC FOUNTY, 5-203  pan Mauns S3 Director Project  Swornt toa ands subscribed' beforer mec on the day of the date ofs said certification.  Millo  My Commission  Clusan Notary Signature (919)807-4795.  Expires:  Ifti there area any questions, please contact the Governor's Crime Commission's Grants Management Director at (919) 733-4564 ory you may contact thel North Carolina Office of Statel Budget and! Management, NCOrants@osbm.ncg gov G.S. $105-243.1 defines: "Overdue tax debt. Any part ofa tax debtt that remains unpaid 90 days orr more after the notice off final assessment was mailedt tot thet taxpayer. Thet term does noti include tax debt, however, ifthe taxpayer enteredi into ani installment agreement fort the tax debt under G.S. 105-237 within 90 days after ther noticed of final assessment was mailed and has notf failed tor make any payments due under thei installment agreement."  GCC-100  Rev. 08/28/19    County ofLee Transit System Safety and Security Plan  The County ofLee Transit System seeksi input from botho our governing! board and staffi in the development oft thef following Safetya and Security Plan (SSP). We valuet this input andi feeli itadds assurance thata a culture ofs safety isal high priority att the County ofl Lee Transit System. Our governing! board provides inputa annually as part oft theira approval oft the SSP. Staffi isi involved in reviewing various sections oft the SSP throughout the year duringr monthly safety meetings or att the time ani issue needst theiri input, enhancements arer madet tot thej plan. Alla agency staff implement the  plant throught their various roles andi responsibilities.  The Safety and Security Plani includes: Fare Collection Policy Trainingl Manual New Hirel Policies and Procedures Data Security Safetya and Security Evaluations Personnel Files- annual drivere evaluations Other Plans Included with possiblei impact ofs SSP Local orr regional emergency management plan Continuity of Operations Plan (COOP) County AssetN Management Plan Othera agency evacuation plans thati included transit Accountable Executive/Senior Management  Hazardous Material Safety Data Sheets (andt their physicall location)  Hasf final authority over how the Safety Program is developed andi implemented Controls financial resources required for system's operation inc collaboration with the Lee County Collaborates with the Lee County Human Resources Director toc conduct the system's operation Retains ultimate responsibility fort the safety performance oft thes system's operation  Financel Director  Communication of Plan to Staff  The County ofLee1 Transit System staff review a copy oft the SSP duringt their initial newl hire training program and updates tot thej plan are conveyedt through the Transportation Coordinator via the following:  memorandums toe each staff notices posted onb bulletin boardi ins staff room notices attached toe each paycheck envelope safetyr meetings trainings ons Safety and Security Plan (SSP) SSP page updates requiring employee signature other  Any changes tot thej plana are discussed withe employees to ensure theyf fully understand the change, policies or procedures effected: andi impacts tot their daily responsibilities. A copy isg givent tos staff thati includes items  such ast the updates tot thel Drug: and Alcohol Policy.    SAFETYPOLICYSTATEMENT  Thel Management Team oft the County ofl Lee Transit System recognizes that ane effective Safety Management System (SMS)i isv vital tot thes success andl longevity oft the transit system. Thereforet the Executivel Management is committedi toi implementing: andi maintaining: a fully functional SMS and tot the continuous improvement oft thel level ofs safety throughout the County ofL Lee' Transit System.  The County ofL Lee Transit System Management Team wille establish specific safety-related objectives and willj periodically publisha and distribute to alle employees those objectives and plans. Theses safety objectives willl ber monitored, measured, and tracked toe ensure overall corporate safety objectives arer met. Alle employees and individuals int the company have the responsibility toj perform The County ofl Lee' Transit System Management Teami is committed toj providing the necessary financial, personnel, and other resources toe establish and maintain ai fully functional SMS. The County ofl Lee' Transit System Management Teami is dedicated to establishing: a confidential employee reporting system to report alll hazards, accidents, incidents, and: safety issues without fear Activities involvingi intentional disregard for FTA andl NCDOT regulations, organization policies and procedures, illegala activities, and/or drugs ora alcohol may! bes subject to disciplinary action. Asac component oft the SMS, the County ofl Lee Transit System Management Team is committed to establishing, maintaining, andj periodically exercising ane emergency response procedure andj plan that provides for the safet transition from normal toe emergency operations. Thel Management" Team will conveyt this expectation toa alle employees through] postings, safety meetings, organization: newsletter, and any other means toe ensure alle employees area aware oft the organizations SMS, Thel Lee County Board of Commissioners' willj periodically reviewt this safety policy and thel Management Team  their duties and activitiesi int thes safest practical manner.  ofreprisal.  their duties andr responsibilities, and our safety policy. wille ensurei itr remains relevant and appropriate tot the organization. MaDDuite Chair- Lee County Boardo of Commissioners  Signatuve  7414/2023  Date    Policy Statement  The management ofs safety isc one ofc our core business functions. The County ofl Lee' Transit Systemi is committed toc developing, implementing, maintaining, and constantly improving processes to ensure that all ourt transits service deliverya activities take place under al balanced allocation of organizational resources, aimeda ata achieving thel highestl level ofs safety performance: andi meeting established standards. Alll levels ofn management: and alle employees are accountable for the delivery oft this highest level ofs safety performance, starting with the Chair oft the Lee County Board of Commissioners, Lee County Manager and  Director ofLee County Senior Services.  The County ofl Lee' Transit System is committing tos safety standards through:  Support the management ofs safetyt through the provision of appropriate resources, that will resulti ina an organizational culture that fosters safep practices, encourages effective employee safetyr reporting and communication, and actively manages safety with the same attention to results ast the attention tot the results oft the otherr management systems oft the organization; Integrate ther management ofs safety amongt the primary responsibilities ofa all managers and Clearly define for alls staff, managers and employees alike, their accountabilities: and responsibilities for the delivery oft the organization's safety performance and the Establish and operate hazard identification: anda analysis, and safety risk evaluation activities, includinga ane employee safety reporting program asaf fundamental source for safety concerns: andl hazardi identification, inc order toe eliminate orr mitigate thes safety risks of the consequences ofh hazards resulting from our operations ora activities to aj point whichis Ensure thati no action willl bet takena againsta any employee who discloses a safety concern through thee employee safety reporting program, unless disclosure indicates, beyond any reasonable doubt, ani illegal act, gross negligence, ora deliberate or willful disregard of Comply with, and wherever possible exceed, legislative and regulatory requirements and Ensure that sufficient skilled and trained human resources area available toi implement safety Ensure thata all staff are provided witha adequate and appropriate: safety-relatedi information andt training, are competent ins safety management matters, and are allocated onlyt tasks Establish and measure ours safety performance against realistic and data-driven safety performancei indicators ands safety performancet targets; Continualy improve ours safety performance through management processes thate ensure thata appropriate safety management: actioni ist takena andi ise effective; and Ensuree externally supplied systems and: services tos support our operations are delivered meetingo ours safety performance: standards. KmDonter Signaturé Chair Lee County! Board of Commissioners  employees;  performance ofo ours safety management system;  consistent with oura acceptable. level ofs safety performance;  regulations or procedures; standards; management; processes; commensurate with their skills;  40/2023  Date    RESOLUTION. AUTHORIZING THE: SALE OF PROPERTY  LOCATED ATOOLIVIA ROAD  WHEREAS, the County ofI Lee owns certain vacant property located at OOlivia Road, PINI number 9558-73-9361-00, Lee County, North Carolina, as shown on a deed recorded in Deed] Book 1590, Page 392, int the office of the Register of Deeds forl Lee County, to which the record thereof reference is hereby made fori more complete description; and, WHEREAS, the taxable value of thej property is $5,000.00; and,  WHEREAS, the above-referenced, property was conveyed to the County as the result ofa WHEREAS, the amount of fees and taxes owed on thej property as the result of such sale WHEREAS, North Carolina General Statutes $8 153A-176 and 160A-269 permit the County tos sellj property by upset bid, after receipt of an offer toj purchase the property; and, WHEREAS, the County ofLee proposes to dispose oft the above described property asi it WHEREAS, the County received an offer submitted by. James Schassburger ("Offeror") top purchase the property described above int the amount of $500.00, plus any advertising costs, a WHEREAS, Offeror has paid to the County Clerk the required 5j percent (5%) deposit on WHEREAS, the Lee County Board of Commissioners accepts the initial offer of WHEREAS, the Lee County Board of Commissioners authorizes staff to advertise the NOW,THEREFORE, BEI IT RESOLVED by the Lee County Board of Commissioners  tax foreclosure sale; and, is-$4,988.29; and,  iss surplus to the County's s needs; and, copy of whichi is attached hereto; and, its offer and $20000ofadvertising: costs; and,  $500.00; and,  initial offeri in any higher, upsetting offer, subject to the upset bid procedure.  as follows:    1. Thel Lee County Board of Commissioners authorizes the sale oft thej property described above through the upset bidj procedure of North Carolina General Statute $160A-269. 2. The County Clerk shall cause ar notice of thej proposed sale tol be published. The notice shall contain a general description oft the property, the amount and terms oft the offer, and ai notice that within 10 days any person may raise the bid by notl less than ten percent (10%) oft thei 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 tot the County Attorney's Office within 10 days after the notice of salei is published. The upset bid should be delivered tot the County Attorney's Office located at 408 Summit Drive, Sanford NC: 27330, on or before 5:00 p.m. on or before the 10h day following publication ofs said notice. Use oft the mail or any means of delivery is att the bidder'si 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 the bids, ifany, and the highest such! bid willl become the new offer. Ifthere is more than one bidi int thel highest amount, the first such bid received willl become the new offer. 5. A qualifying higher bidi is one that raises the existing offer by not less than 10j percent (10%) oft the first $1,000 oft that offer and 5j percent (5%) oft the remainder oft that offer. 6. A qualifying higher bid must also be accompanied by a deposit int the amount of5 percent (5%) oft the 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 willi return the deposit on an offer subject to upset ifa qualifying higher bidi is received; however, once the actual advertising costs are incurred, those become non-refundable. 8. Ifa qualifying higher bid isi received, the County Clerk shall cause ai new: notice of upset bidt tol bej 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 bei madei in cash, cashier's check, or certified check.  without any qualifying upset bid having been received. 9. The terms oft the final sale are as follows:  a. The buyer must pay with cash, cashier's check or certified check at the b. Thej property iss sold' "asi is" with no conditions placed on the bid. Titlet to the subject property shall be transferred to the buyer by al Non- The County Attorney does not perform title searches on the property and the Offeror can retain their own attorney toj perform such title search.  time of closing. warranty deed.  C. d. e.  Advertising fees are non-refundable once spent.    f.  The buyer must sign a written waiver acknowledging existing physical encroachment on thei realj property andi must agree that the County isi not liable or responsible for removal or for any damages or costs associated  with the encroachment.  10. Thel Board of Commissioners may, at any time, reject any and all offers. 11. Ifno qualifying upset bidi is received after the initial public notice and 10-day upset bid period has expired, the original offer willl bet 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 thist the dayd ofFebruary, 2023.  MDinbe KirkD. Smith, Chairman Lee County Board of Commissioners  ATTEST: lin sni Hailey Hall, Clerk Lee County Board of Commissioners  COUNT  THCA    RESOLUTION AUTHORIZINGTHE: SALE OF PROPERTY LOCATED AT 721 COX MADDOX ROAD, SANFORD, NC  WHEREAS, the County ofLee owns certain vacant property located at 721 Cox Maddox Road, PIN number 9661-75-6515-00, Lee County, North Carolina, as shown on a deed recorded in] Deed] Book 1351, Page 94, in the office of the Register ofl Deeds for Lee County, to which the  record thereof reference is hereby made for more complete description; and, WHEREAS, the taxable value of thep property is $33,900.00; and,  WHEREAS, the above-referenced property was conveyed to the County as the result ofa WHEREAS, the amount ofi fees and taxes owed ont the property as the result of suchs sale WHEREAS, North Carolina General Statutes $8 153A-176 and 160A-269 permit the County tos sell property by upset bid, after receipt ofa an offer toj purchase the property; and, WHEREAS, the County ofLee proposes to dispose oft the above described property asi it WHEREAS, the County received and offer submitted by Roy Campbell ("Offeror")to purchase thej property described abovei in the amount of $14,360.80, plus any advertising costs, a 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 of Commissioners: authorizes staff to advertise the  tax foreclosure sale; and, is-$14,360.80; and,  iss surplus tot the County's needs; and, copy of whichi isa attached hereto; and,  its offera and $200.00 towards advertising costs; and,  $14,360.80; and,  initial offer in any higher, upsetting offer, subject tot the upset bid procedure.    NOW,THEREFORE, BEI ITI RESOLVEDI by thel Lee County Board of Commissioners 1. Thel Lee County Board of Commissioners authorizes the sale oft the property described above through the upset bid procedure ofl North Carolina General Statute $160A-269. 2. The County Clerk shall cause ai notice of the proposed salet to bej published. The notice shall contain a general description oft the property, the amount and terms oft the offer, and ai noticet that within 10 days any personi may raise the bid byr not less than ten percent (10%) oft the first one thousand dollars ($1,000) and five percent (5%) of the 3. Persons wishing to upset the offer that has been received shall submit a sealed bid with their offert tot the County Attorey'sOffice within 10 days after the notice ofs salei is published. Thel upset bid should be delivered tot the County Attorney's Office located at 408 Summit Drive, Sanford NC 27330, on or before 5:00j p.m. on or before the 10h day following publication ofs said notice. Use of the mail or any means of delivery is at the bidder'sr risk and any bids received after the deadline willi not be considered. Any bid 4. At 5:00j p.m. on said date, the County Attorney/Deputy County Attorney shall open thel bids, if any, andt thel highest such! bid will become the new offer. Iftherei is more than one bidi in thel highest amount, the first such bid received will become the new offer. 5. A qualifying higher bidi is one that raises the existing offer by not less than 10j percent (10%) of the first $1,000 oft that offer and 51 percent (5%) oft the remainder oft that offer. 6. A qualifying higher bid must also be accompanied bya a deposit in the amount of5 perçent (5%) oft the bid and accompanying $200.001 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 and offer subject to upset ifac qualifying higher bidi 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 bej published, ands shall continue to do so until al 10-day period has passed  asf follows:  remainder.  with conditions ort terms will not be accepted or considered.  may bei madei in cash, cashier's check, or certified check.  without any qualifying upset bid having been received. 9. Thet terms of the final sale are as follows:  a. Thel buyer must pay with cash, cashier's check or certified check at the time of b. Thej property iss sold "as is" withi no conditions placed on thel bid. c. Title to the subject property shall be transferred to the buyer by ai nonwarranty d. Advertising fees are non-refundable once spent.  closing. deed.    e. The County Attorney does not] perform titles searches on thej property and the Offeror can retain their own attorney toj perform such title search. 10. Thel Board of Commissioners may, ata any time, reject any and all offers. 11. Ifno qualifying upset bidi isi received after thei initial public notice and 10-day upset bid period has expired, the original offer willl bet taken back to the Board for final approval and whereby thel Board may authorize thea appropriate County officials to  execute thei instruments necessary to convey thej property.  Dated thist the V day ofl February, 2023.  Chairman  MDSnii Lee County Board of Commissioners  KirkD. Smith,  ATTEST: ml l Hailey Hall, Clerk Lee County Board 6fCommissioners  COUNTY  CA    MEMOT TO: FROM: SUBJECT: DATE:  LEE COUNTY BOARD OF COMMISSIONERS JOHNACRUMPTON, LEE COUNTYMANAGER BUDGET AMENDMENT:#: 2/6/23/09 February 6, 2023  SECTIONI. THE FOLLOWING GENERALI FUND(1100) REVENUE INCREASES ARE HEREBY APPROVED:  CURRENT BUDGET 4,853 55,916  NEW CHANGE BUDGET 140 4,993 140 56,056 800,000 800,000 800,280  DEPARTMENT Health Health Other Revenue  ACCOUNT#  DESCRIPTION  1100-3510-33120 Fee Collections Maternal Health 1100-3510-33160 Fee Collect Primary Care 1100-3930-38410 Non-recurring State Grants  TOTAL CHANGES  SECTIONII. THE FOLLOWING GENERALF FUND(1100) EXPENSE INCREASES ARE HEREBY APPROVED:  CURRENT BUDGET 200  NEW CHANGE BUDGET 140 140 140 340 800,000 800,000 800,280  DEPARTMENT Health-Primary! Care Health- Maternal  ACCOUNT# 1100-5103-46415 1100-5101-46415  DESCRIPTION Equipment < $500 Equipment <$ $500 Nonrecurring: State Grants TOTALCHANGES  Humans Services State Grant 1100-5817-48389  Aosilu KIRKS SMITH, CHAR  sm l HAILEYH HALL, CLERK1 To1 THE BOARD    PROCLAMATION RECOGNIZING BLACK HISTORY MONTH  WHEREAS, each February we celebrate Black History Month in order toi recognize the contributions of African Americans who developed the legacy of our local, state and national governments, as well as our communities; WHEREAS, Black History Month grew out of the establishment, in 1926, of Negro History Week by Carter G. Woodson and the Association for the Study of Negro Life and History celebrating the birthday of leading WHEREAS, North Carolina cooperated int the early celebration through the state's Department of Education and in 19761 President Gerald Ford recognized Black History Month as ai national celebration in conjunction with the WHEREAS, Lee County celebrate the contributions of our early trailblazers such as A.L. "Link" Boykin, noted leader and building contractor and William B. Wicker, noted educator and community leader, to name ai few; and WHEREAS, Lee County cherishes the fact that our State's Leadership includes Lt. Governor Mark Robinson WHEREAS, our community recognizes thel leadership of Sanford City Council members Mark Akinosho, James Williams, and Byron Buckels as well as those before them. The County includes the former Vice-Chair Ricky Frazier and current Board Member Robert Reives, Sr., not to forget the number of unnamed City and County WHEREAS, Lee County recognizes the too numerous to name members of our County who contribute WHEREAS, the observance of Black History Month calls our community's attention to the continued need to NOW,THEREFORE, BEITPROCLAIMED thatt thel Lee County Board ofCommissioners proclaim February 2023 as Black History Month in Lee County, North Carolina and encourage its observance upon all citizens.  and  abolitionist, Frederick Douglas; and Nation's] Bicentennial; and  and] House Democratic Leader Robert T. Revives, I; and,  employees who contribute theirs services to our citizens each and every day; and, immensely to our economic, cultural, and spiritual development; and, champion equality and tol build as society the lives up to our nation'si ideals; and  Presented this 6th day ofl February, 2023.  c KirkD. Smith, Chair  COUN a  Lee County Board of Commissioners  ATTEST:  sili 4ANLL Halley Hall, Clerk tothe Board  CARS    Contract Agreement Between Owens Roofing, Inc. and Lee County Government by and between Owens Roofing, Inc. (hereinafter referred to as the "Contractor") and Lee County Government (hereinafter referred to as the "Owner") agree as follows:  THIS AGREEMENT ("Agreement" "), made the  6 day of  February,2 2023  1. Scope of Work: The Contractor shall furnish and deliver all oft the materials, andj perform all of the work in the manner and form as provided by the enumerated plans, specifications and documents, which are attached hereto andi made aj part thereof as if fully contained herein: advertisement, Instructions tol Bidders, General Conditions with Exhibits, Supplementary General Conditions, specifications, accepted proposals, contract, performance bond, payment bond, power of attorney, worker's compensation, public liability, insurance certificates any and all addendums, and all plans and drawings. By signing this agreement, the Contractor hereby certifies that he/shel has received and hasl had an opportunity to review allj plans, specifications, and documents referenced 2. The Contractor shall commence work tol be performed under this agreement on a date to bes specified in a written order of the Owner ("Notice tol Proceed") and shall fully complete all work hereunder within thirty (30) consecutive calendar days from said date of Notice tol Proceed. For each dayi ine excess thereof, liquidated damages shall be assessed int the amount of one thousand dollars ($1,000) per day. The Contractor, as one ofthe considerations for the awarding oft this contract, shall furnish to the Ownera a construction schedule setting forth thej project broken down by various divisions ofthe work and by the calendar days, as described ini the General Conditions. 3. The Owner agrees toj pay to the Contractor for the faithful performance oft this agreement, subject to additions and deductions as provided in the specifications or proposal, in lawful money the: amount of three hundred twenty-six thousand, one hundred and twenty- 4. Alternates. Alternates, ifany, included in the Contract Sum are as follows:  herein.  four dollars $326,124.00).  Item  Price $137,902.00 $2,831.00 $1,982.00  Alt. 1.1 Remove-Replace Roof Sectors B, C, D, and] E Alt. 2. Substitute Fleece or Felt Backed Membrane on Roof Sector A Alt. 3. Substitute Fleece orl Felt Backed Membrane on Roof Sector B, C,D, and E    5. Allowances. Allowances, ifany, includedi int the Contract Sum are as follows:  Item  1. Replace Deteriorated Wood Plank Deck. Refer to Section 06 1500" "Wood Decking" 2. Replace Deteriorated Wood Blocking. Refer to Section 06 1000' "Rough Carpentry" 3. Replace Deteriorated Plywood Refert to Section 06 1000 "Rough Carpentry"  400bd.ft. 250bd.ft. 100sq.f ft.  1. Unit Prices. Unit prices, ifany, are as follows: UP-1: Replace Deteriorated Wood Plank Deck UP-2: Replace Deteriorated Wood Blocking UP-3: Replace Deteriorated Plywood  Item  Price per Unit $4.00/bd. ft. $3.00/bd.: ft. $4.00/sq. ft.  2. Liquidated Damages. Liquidated damages will be one thousand dollars ($1,000.00) per day, after the date specified for substantial completion. 3. Binding Dispute Resolution. Any disputes between the parties related in any way tot this Agreement or the Project shall be subject to1 mediation. For any claim subject to, buti not resolved by mediation, the method of binding dispute resolution shall bel litigation in a court of competent jurisdiction.  4. The Owner'sl Representative is: Dr.J John Crumpton, County Manager 408 Summit Drive Sanford, NC 27330 cumpondleoumonegey  5. Itiffurther mutually agreed between thel Parties that ifat any time after the execution of this agreement and the surety bonds hereto attached fori its faithfulj performance, the Owner shall deem the surety or sureties upon such bonds tol be unsatisfactory, ori if, for any reason, such bonds cease to be adequate to cover the performance oft the Work, the Contractor, at its own expense, within five (5) days after the receipt of notice from the Owner so to do, furnish an additional bond or bonds in such form and amount, and with such surety ors sureties as shall be satisfactory to the Owner. In such event, no further payment to the Contractor shall be deemed to be due under this agreement, until suchi new or additional security for the faithful performance oft the Work shall bei furnished in ai manner and form satisfactory to the  Owner.    IN WITNESS WHEREOF, the Parties hereto have executed this agreement on this the  day of  2023.  OWENS ROOFING, INC/CONTRACTOR  By: Title: By:  Witness:  LEE CPUNTV/GOVERMMIENT Amodw Title: irksMH  Counhy Dommission Chai  p,tha  COUN?    MEMORANDUM  TO: FROM: DATE: REF:  Lee County Board ofCommissioners Amy. J.1 McNeill, Zoning Administrator  February 6, 2023 Classification  Planning Board Recommendation: Regarding al UDOText Amendment to Allow Religious Complexes (Churches) in the Central Business District (CBD). Zoning  PLANNING BOARD RECOMMENDATION: Central Business District (CBD): zoning classification.  The Planning Board met on January 9th and recommended by a unanimous vote that the Commissioners approve the UDO text amendment to allow religious complexes (churches) in the Asar reminder, the Commissioners should make two votes regarding this matter. Sample motions are provided for your reference. Council is always welcome to draft a unique motion ifpreferred. Also, the City Council may acknowledge that the zoning map amendment is not consistent with VOTE: #1: APPROVE. AS STATEMENT ON CONSISTENCY WITH THE PLAN SANLEE Motion Option 1:1 Imake ai motion that the propose zoning map amendment IS consistent with the Plan Sanlee long-range plan because the Central Business District (CBD) zoning classification is associated with the Downtown designation, which lists civic organizations, pubic gathering Motion Option 2: I make a motion that the propose zoning map amendment IS NOT consistent with the Plan Sanlee long-range plan because the Central Business District (CBD) zoning classification is defined as having a high intensity commercial core and mixed-use urban Motion Option 3-1 Unique motion: The Commissioners are free to create a unique motion based on different articulated findings, information that was] provided during the public hearing, or other  the Plan Sanlee long range plan and still vote to approve the request. ASI ITI RELATES TOTHIS UDOTEXT AMENDMENT:  spaces, and churches as civic-type land uses associated, for this ared.  environment.  matters deemed important byt thel Board.    VOTE#2:TO. APPROVE ORI DENYTHE UDO1 TEXT AMENDMENT: Motion Option 1: "Imake a motion that the Commissioners. APPROVE the proposed UDO text amendment because itis reasonable andi in the public interest given that other types of assembly uses are allowed in the Central. Business District (CBD): zoning classification. Motion Option 2: "T make a motion that the Commissioners DENY the proposed UDO text amendment because iti is not in harmony with the existing development ini the area.' " Motion Option: 3-1 Unique motion: The Commissioners members arei freet toc create a unique motion based on different articulated findings, information that was provided during thej public hearing,  or other matters deemed important by the Board.  STAFF REPORT FROM JANUARY 9, 2023. AGENDA  Recently. staff was directed by the Sanford City Council to prepare an amendment tot the Unified Development Ordinance (UDO) to allow religious institutions (churches) within the central Currently the UDO does not allow for religious complexes (churches) to be located within the central business district zoning classification. In April of1 1999. the Sanford City Council took up this similar issue and adopted changes to the zoning ordinance that would promote relocation of the churches/religious uses into other areas of the city (the 1999 zoning changes reduced the restrictions and regulations associated with all other zoning districts). While adopting these new changes in 99. the Council also recognized that all existing churches would be grandfathered. In the months following. staffs survey both the CBDs for Sanford and. Jonesboro and created a master list oft the churches then in operation. Over the years of this prohibition being in effect. Zoning staff! has consistently tried to monitor and enforce this regulation. However, staff recognizes that we have a number of current sites within both the central business district of downtown Sanford and downtown Jonesboro that appear to be operating as unauthorized churches'religious Complicating thisi issuei ist the concern regarding Religious Land Use and Institutionalized Persons To learn more about RLUIPA. the following are excerpts taken from David Owens. Coates Religious uses have land use impacts. just as their secular counterparts. Large places ofworship create the. same traffic. noise. and congestion issues as do other placcs of assembly of comparable size. The fact that a community center. event spacc.. school. daycare, homeless. shelter. or food pantry is sponsored bvar religious rather than a secular organization usually makes no difference in its land use impacts. So, a basic proposition that religious land uses should he subject to the same land use regulations as their comparable secular counterparts makes sense  business district (CBD): zoning classification.  operations.  Act of2000. commonly known as "RLUIPA". Cannons IOGI Blog. August 2010:  and is noncontroversial. right?    Not entircly. There are IWo difficulties with applving this basic proposition without qualification. First. persons have a constitutional. right to the, free exercise of their religious beliefs. Second, fear and distrust, particularly of minority religions. has led to discrimination that on occasion is reflected in govermmental land use In addition tol hasic constitutional protection. Congress enacted the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA) t0 address this issue. It establishes a general rule that a zoning or landmarking regulation cannot imposea substantial burden on religious exercise (inclding religious assembly) unless itis in furtherance of a compelling govermmental interest and is the least restrictive The courts have found that most general land use regulations do not substantially burden" religious exercise. The burden imposed must be more than an 'incomenience or something that increases the costs. for the religious user. The burden must he so significant that it renders the religious exercise efectiveh impractical. Courts find that it is not a substuntial burden to require compliance with typical zoning regulations. These inclide requirements to locate large places of assembly outside of residential areus, prohibitions of noncommercial or institutional uses ini industridlor redevelopment areas, limits ont the: size and) heights ofhuildings and signs.) provision of adequate parking and buffers, andi maintenance ofl harmony with existing nearby uses and congruence within historic districts. The cost and time taken to applv. for and go through the approval process (such as a reconing or special use permit review) have likewise been held not to be a Comerseh. however, where a city or county is shown 10 be using its land use regulations to deliherately frustrate a religious land use without appropriate justification. the courts will step in. Multiple denials have prompted judicial intervention. especially when modifications in the applications have been made to address concerns raised ine an initial review or when cach application produces new and inconsistent justifications for the denials. Denials that are unsupported by showing any legitimate landi use impacts, especially where the decisio-mukerseems to he ignoring relevant factual information. have also been imvalidated. It is important to rememher that ifactual religious discrimination or uequal treatment of religions is established. the action is illegal even if there is not a substantial When [considering zoning district use] regulations. he sure that they leave reasonable alternatives available for religious expression. If vou want to limit location of all religious uses in a redevelopment area or an industrial district, he sure there are ample places elsewhere within the jurisdiction that these uses can he undertaken. This was ak kev factor in a recent decision upholding Coat 's prohibition oft places of worship in a six-block commercial ared. but allowing them clsewhere. Dixon 1 Towne ofCoats. 20101 WL2 2347506 (E.D. N.C.. June 9. 2010). Documenting that the aailability ofalternative. sites was thoughtfully considered prior 101 making  regulations.  means of furthering that interest.  suhstantial burden.  hurden.  aa decision can defiuse a substantial burden issue.    Staff also looked into some oft the case law as examples ofl how thisl law has been applied to other Thef first examplei is from a 2010 case, Dixon 1. TownofCodts, 2010WL234S0A/EDNC. June 9.2010). wherein the Town of Coats withstood a RLUIPA challenge. In this case, the Plaintiff owned a small building in downtown Coats that had previously been used for various retail uses, aresidence. and a church. Thet town rezoned the entire six-block downtown areas to a" "Mixed Use Village District." Churches were not a permitted use in the district. At the time of the rezoning plaintiffs structure had been vacant several months. Some six months later the plaintiff leased the building toap person who proposed using itf fora a church. Thet towni informed the tenant that the use wasi not! permitted and that prior church use did not haver nonconforming status ast that usel had been discontinued more than ninety days. Nonetheless. the town allowed the tenant to open a church on site. but advised themt this was a "one time" approval and once the church closed. another religious use would not be approved. The church operated briefly, closed, and the plaintiff then leased the property to another church. The town staff denied zoning approval and the denial was upheld by The court first held the plaintiff had standing tol bring a claim under the Religious Land Use and Institutionalized Persons Act even though he had not made nor proposed to make any personal religious use of the site. The Plaintiff's potential financial loss as a lessor prohibited from leasing to a religious user of his property was sufficient to establish standing. The court dismissed his "equal terms" claim. however. ast thej plaintiffwas nota a religious assembly ori institution. The court held the exclusion of places of worship from a relatively small area was not a "substantial burden" asi itc did not render religious exercise effectively impractical within the town as a whole. The town Lighthouse Institute, for Evangelism . City of Long Branch.510F34253 (3rd Cir 2007), cert den 128SCt2503. 171 LE Ed: 2d787 (2008). the: zoning ordinance for a downtown commercial district permitted a varietv of uses. including an "assembly hall." but did not permit churches. The Third Circuit construed the equal terms provision at 42 USC 2000cc-(b)I) to require that a person asserting a claim under the equal terms provisions must show (I)it is a religious assembly or institution. (2)s subject to al land use regulation, which regulation (3) treats the religious assembly onl lesst than equal terms with(4)monreligious assembly ori institution (5)t that causes nol lesser harm to the interests the regulation seeks to advance. 510 F3d at 270. The Court found that "it is not apparent from the allowed uses why a church would cause greater harm to regulatory objectives than an 'assembly hall that could be used for unspecified meetings!.]" and concluded that the zoning code violatedi the equal terms provision. Id. at272. Thet town failed the RUILPA challenge. Midrash Sephardi, Inc. 1. Town of Suurfside, 366 F3d 12141 11(11th Cir 2004), the: zoning scheme prohibited churches and synagogues within a business district. but permitted "private clubs." among other similar secular uses. The Eleventh Circuit found that private clubs and other non- religious uses allowed in the zone were "assemblies" for purposes of RLUIPA. and that the prohibition on churches ands synagogues violated the equal terms provision. Again, thet town failed  towns and cities.  the Board of Adjustment.  withstood thel legal challenge.  The next two examples illustrate communities that lost a RLUIPA challenge.  the RUILPA challenge.    Based on case law, it appears religious uses must be treated in thes same manner as all similar land uses (places of assembly such as private clubs. bars. wedding venues. social/fraternal organizations. community centers, theaters, meetingl halls. etc.)inas specific zoning district inc order tomeet thel RUILPA standard. Many oft these other assembly uses are allowed! by righti int the CBD. As such. staff has brought forward the attached text amendment for consideration. Ifapproved. this would allow religious complexes (churches) in the central business district (CBD) in both The consideration of this amendment was presented and discussed by the Joint Planning Commission (JPC) in on. June 28"h. The. JPC recommended that the amendment moved forwardto public hearings on a 4-2 vote. The draft amendment is attached for your consideration.  downtown Sanford and downtown. Jonesboro.    ANC ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE BE IT ORDAINED by the Board of Commissioners of Lee County, North Carolina that the Section 1. That Article 4- Zoning District Regulations, Table 4.6-1 Permitted Use Matrix, that land use categories, "Religious Complex (less than 350 seats), new site" and "Religious Complex (more than 350 seats), new: site" be revised as follows to allowt this land use by right in the central business district  OF LEE COUNTY, NORTH CAROLINA  Unified Development Ordinance be, andi itl hereby is, amended as follows:  zoning classification: ation, PublicA Administration, HealthCarc,and Religious Complex (lesst than3 350s seats), news site Religious Complex (more than3 350s seats), news site  (CBD)  RARR R20 RI4 RI2SF R12 R10 R6 MF12 NC CI C2 O&I CBD LI HI  Section2. This ordinance shall bei in full force and effect from and after the date ofi its adoption.  ADOPTED this the 6th day of] February, 2023.  Kirk D. Smith, Chairman Lepbitee Lee County Board of Commissioners  ATTEST:  COUNTI a  sniluy sall Hailey Hall, Clerk tot thél Board APPROVED. ASTOFORM: Wlinaun Whitney Parrish, Lee County Attorney  TH CA    LEE COUNTY February 6th, 2023  BOARD OF COMMISSIONERS STAFF REPORT  MAJOR SUBDIVISION PRELIMINARY PLAT REVIEW  COPPER RIDGE ESTATES SUBDIVISION  PLANNING BOARD RECOMMENDATION:  The Planning Board met on January gth and recommended that the Board of Commissioners approve the preliminary plat for the Copper Ridge Estates subdivision as submitted, and to approve the Subdivision Exception requested by the applicant to allow for the creation of four non-developable lots to be utilized for off-site remote septic systems. Topics of discussion  among the Planning Boardi included:  Functionality of the septic systems for Lots 8, 9, 10, and 18 (to utilize off-site septic systems on Lots 8-S, 9-S, 10-S, and 18-S). Mr. Hal Owen, NC-licensed soil scientist, provided assurances to the Board members that the system designs were functional and in compliance with state regulations on sanitary wastewater  disposal.  PRELIMINARY PLAT REPORT FROM JANUARY gth AGENDA  Location: Property Owner: Property Developer: Project Engineer: Township: Tax Parcel: Tax Maps: Zoning: TotalLots: Open Space: Acreage: Minimum Lot Size: Smallest Lot: Largest Lot: Street: Water & Sewer: Firel District: Schools: Request  OFarrelll Road (just south of the intersection with Milll Run Lane)  SBMI Homes, LLC. SBMI Homes, LLC. Ken Bright Associates, PLLC. Deep River 9666-44-0337-00 9666.03 Residential Agricultural (RA) Not required 30.23 +/- acres 40,000sf  Six (6) lots, as illustrated on the preliminary plat 40,000sf, or 0.92 of an acre (Lot 17) 60,032sf, or 1.38 acres (Lot 10) Public streets with a 50ft right-of-way width, NCDOT Public water andj private septic systems, on- and off-site. Northview Fire Department, per GIS Deep River Elementary East Lee Middle School [Lee Senior High School  SMBI Homes, LLC, is seeking approval ofa preliminary plat to create a 20-lot major residential subdivision for single-family detached homes. The development, known as Copper Ridge    Copper Ridge Estates Subdivision Preliminary Plat  Page2of3  Estates, is intended to be served by public water and private septic systems. The development will alsoi include the extension ofaj proposed public roadway tol be maintained by NCDOT. Most lots will be served with individual, on-site septic systems, but four lots (Lots 8, 9, 10, and 18) willl bes served by off-site septic systems connected by a dedicated supply line and associated 15ft easements that shall run parallel to the new public street proposed. A Subdivision Exception Application has been submitted for the creation of those four non-conforming lots intended for the off-site septic systems. Thej proposed development also features a mail kiosk and co-located school buss stop along the new public street. The subdivision also includes 3.59 acres of common open space with access along Farrell Road, and it should be noted that the same 3.59 acres also serves as off-site septic system locations via a septic easement for an adjoining development, per Current Zoning: The subject property is zoned Residential Agricultural (RA), which is established to provide areas for low-density single-family uses, with a maximum of two (2) dwelling units per acre. RA zoning is ideal for the conservation and maintenance of rural characteristics and is intended for limited residential density. The proposed preliminary plat appears to comply with the standards of the RA zoning district, except for the four lots intended for off-site septic systems, for whicha Subdivision. Exception Application has been submitted.  Plat Cabinet 2018, Slide 107. Zoning District Information  RA Zoning District Standards:  Ther minimum lot widthi is 100ft. Ther minimum lot size of 40,000sf. Ther maximum building height is 40ft.  Ther minimum building setbacks for a principal structure or house is as follows:  Front: Rear: Side(s):  301 feet, as measured from the right-of-way line of the public street  301 feet, measured from thei rear property line 151 feet, measured from the side property lines  Adjoining Zoning North: South: East; West: Overlay Districts  Residential Agricultural (RA) Residential Agricultural (RA) Residential Agricultural (RA) Residential Agricultural (RA)  Watershed Conservation Overlay District: The subject property is located within the Watershed Conservation Overlay District, specifically the Cape Fear/Lee County Watershed Protected Area. A watershed is al basin-like landform delineated by ridgelines that descend into lower elevations that carries rain water from the land into soils, ground waters, creeks, and streams, eventually making its way tol larger rivers and the ocean. Development within this area is allowed, but there are maximum density and. built upon area requirements designed to ensure the health of the watershed. This preliminary plat appears to comply with the UDO watershed regulations.    Copper Ridge Estates Subdivision Preliminary Plat  Page3of3  The following is a general note included with all rezoning requests: Sanford, Lee County, and Broadway do not have local grading permits and rely on the NC Department of Environmental Quality to1 regulate land disturbing activities. For questions or concerns regarding land disturbing activities, contact thel NC Division of] Energy, Mineral, and Land Resources Sediment Program at 1612 Mail Service Center, Raleigh, NC 27699-1612 or call 919-707-9220 or visit the NCDEQ The subject property has been evaluated by licensed soil scientist(s) in order to determine the suitability of soils for individual private septic systems and the Preliminary Soil Investigation reports are included within the agenda packet for your reference. Future residential development on these lots would be served byi individual private septic systems that must be approved per the North Carolina General Statues requirements, either by the Lee County Environmental Health Department or a licensed soil scientist, at the time that the developer or individual lot owner proposes to construct al house. Thej potable water source for this subdivision is public water from Farrell Road (SR 1423) is al NCDOT maintained public roadway with a 60ft right-of-way width. Thep portion of the roadway that fronts these lots must be accepted by NCDOT prior to recording 2011 Lee County Comprehensive Transportation Plan: This plan illustrates Burns Drive as an NCDOT Average Annual Daily Traffic Count (AADT): There is a 2019 NCDOT AADT of 1,500 vehicles per day approximately % mile north of the site, just north of the intersection of 1.) The preliminary plat shall be valid for two years if approved by the Lee County 2.) NCDEQ approval will be required ift the developer disturbs an acre or greater. 3.) NCDOT approval will be required for all driveway connections to NCDOT maintained 4.) Public water must be installed & accepted for maintenance or a financial guarantee posted to guarantee the installation of the required improvements prior to recording the final plat. All financial guarantees must comply with the UDO standards and be accepted by the 5.) Public streets must be installed prior to recording the final plat. The developer is responsible for dedicating the public streets to NCDOT for maintenance once all requirements (density,  website atl http:/deq.nc.gov.  Utilities  awater main tol be extended from Farrell Road.  Transportation  thef finalj plat that] legally creates thesel lots. existing minor thoroughfare.  Farrell Road and Rod Sullivan Road. Other Conditions/ Requirements/Notes:  Commissioners. public roads.  appropriate Governing Board. construction method, etc.) are met.    NOFEE  (The TRC Major Subdivision. Fee Covers the Cost Associated With This Application)  Sanford /Lee County Zoning & Design Review  115 Chatham Street, Sanford, NC 27330 MAJOR SUBDIVISION  PRELIMINARY PLAT APPLICATION Reference the Sanford/Lee County/Broadway Unified Development Ordinance (UDO), which is available for viewing ont the City of Sanford website (www.sanfordnc net) in the Planning & Development Dept. section Staffo contact: Amy. J. McNeill (919)718-4656, ext. 5397 or amy.mcnelli@sanfordnc.net GENERAL INFO.: A preliminary plat application is required for all major subdivisions after it has been reviewed by the Sanford/Lee County TRC and prior to being placed on a Planning Board agenda. Ift the plat is to be submitted in two or more phases, al Master Plan shall be submitted which shows the preliminary plat for the entire subdivision. A preliminary plat shall not be placed on the local Planning Board agenda until it has been deemed complete by the Zoning & Design Review Dept. No final plat shall be approved until a preliminary plat has been approved by the appropriate Planning Board and governing board. The preliminary plat shall be valid for two years after its final approval by the boards and shall become void ift the final plani is MEETING DATE: Sanford) PB meets the 3rd Tuesday ofe each month at 6pm, ift there are items tor review Note: Deadline &1 meeting dates may change due tol holidays, please verify specific date(s) with staff. SUBMITTAL INFORMATION: Please submit 115 Chatham Street, Sanford, NC27330: Preliminary Plat Application, completed & signed by the property owner(s) 12f full-size paper copies oft the preliminary plat (to scale) One digital version (PDF or. JPEG format) of the preliminary plat (email or CD) SUBDIVISION INFORMATION: Information regarding the preliminary plat.  not approved & recorded within this time period. DEADLINE: 2nd Friday of each month at 12:00pm (noon).  Lee Co.) PB meets the 3rd Monday of each month at 6pm, ifthere are items to review Broadway PBi meets the last Monday of eachi month at 6pm, ifthere are items to review  Subdivision Name: Copper Ridge Estates Address/Location: 3284F Farrell Rd PIN(s): 9666-44-0337-00 Total Acreage: 30.25Ac Zoning District(s):RA Number ofl Lots: 20 Utilities: DI Existing Street(s):0 Existing  Lot Size(s): 48,457 Average 01 Private Well B Public Water Supply DI Public Street (City maintained) Public Street (NCDOT maintained)  B Private Septic System OPublic Sanitary Sewer   Proposed - Proposed  Project Description: An residentials subdivisiony with 201 lotss servedb by City of Sanford water and on-sites septic systems. Ther rightofw wayv willbe  50ftw wide andt ther roadv willl bet taken by NCDOT.  Page lof2    FROPEKIYOWNERIS: The legal property owner(s) as oft the date ofs submittal.  Name: SBMH Homes, LLC Address: 4191 Fayeteville Rd., Suite 100F Raleigh, NC2 27602 Phone #:(919)478-0965 Email: Prcaminsianpdpmstom Name: Address: Phone? #: Email: Name: Address: Phone #: Email:  APPLICANT: The person/company submitting thej preliminary plat application.  Name: Johnny Byrd Address: 4191F Fayeteville Rd., Suite1 100F Raleigh, NC2 27602 Phone #: (919)478-0965 Email: Prcanindon9@ymatcom  Johnny Byrd  12/7/2022 Date  Applicant's ignâture (sign & print name)  Staff Use Only SPI Project #: Energov #:  Jurisdiction: OCityofSanford OLee County  OB Broadway  Date Received: PBI Meeting Date: Staff Signature & Title: Staffl Notes:  Complete/ / Incomplete Submittal (circle) LAFormslMajor: Subdivision (Updated: 2018-07-021 by AJMc)  Page 2of2    Applicationl No. Energov Case No.  SUBDIVISION EXCEPTION APPLICATION  Circle. Jurisdiction* That Applies: <Lee County  City of Sanford  Town of Broadway  Subdivision Application Process  A Subdivision Exception is available under the following conditions as stated below in Section 6.3.6 of the Subdivision Ordinance. The respective governing Boards and Planning Boards will consider the application in the manner ofa rezoning request ata aj public hearing which shall be advertised in accordance with NCGSS 160A- 6.3.6.1 Subdivision exceptions shall be available only for Major Subdivisions in conjunction with the 6.3.6.2 Where the Planning Board and Governing Body finds that extraordinary hardships or practical difficulties may result from strict compliance with these regulations and/or the purposes oft these regulations may bes served toa a greater extent by ana alternative proposal, it may approve exceptions tot these subdivision regulations so that substantial justice may be done and the public interest secured, provided that the exception shall not have 6.3.6.3 All such exceptions shall be approved by the Governing Body, upon recommendation from the For questions concerning this process, please contact the Sanford/Lee County Zoning & Design Review Dept., Complete this application in its entirety and submit it with a digital copy and three (3) paper copies of the  364.  6.3.6 SUBDIVISION EXCEPTIONS application for Preliminary Plat approval.  the effect ofr nullifying the intent andy purpose oft these regulations. Planning Board, as part of the preliminary plat approval.  115Chatham Street, Sanford, NC. (919)718-4656 between 8am and 5pm, Monday-Friday.  preliminary plat oft thes subdivision plan. APPLICANTI INFORMATION Applicant's Name: Address: Telephone No.: (919)478-0965 Email: Address: Telephone No.: (919)4 478-0965 Email:  Johnny Byrd 4191F Fayeleville Rd., Suite1 100F Raleigh, NC2 27602 Prtonindsnngymston  PROPERTY OWNERS! INFORMATION (if different from applicant) Property Owner Name (if different from applicant): SBL Homes, LLC  4191F Fayeteville Rd., Suite1 100F Raleigh. NC2 27602 Prsteoninvcbn9@gnstcon  1of2    PROPERTY INFORMATION Zoning District RA DESCRIPTION OF REQUEST  Address orl Location 3284F FARRELL RDS Sanford, NC Lee County Tax Parcel No. 9666-44-0337-00  Total Acreagei in Tract 30.25Ac Deed Book 1676 Page 338  The burden is on the applicant to demonstrate the need for the exception. Please state fully the hardship that creates the need for the requested subdivision exception and provide any additional information that may be Iam requesting ane exception to Section (s). UDOTable471 RAz zoningminimuma 40,000st. mnimemilwonafioo oft the Subdivision Ordinance. Lots8-S, 18-S. 10-S, and9 9-Sv were createdt tobeu useda asr remotes sites fort thes sewerf forl lots8 8,9, 10&1 18a anda ares smallert thant theF RArequirements. These lotsw were createdu undert the supervision ofas soils scientista andv werer reviewedhy theL Lee County Health Department. Aspern reviewb byN Mr.A Andrew Currin, Environmental Healths Supervisorf for the Lee County Health Department, NCD DHHS Environmental Health Section "On-siteV Wastewater ProtectionE Branch's 20161 Innovative Wastewater Approval for Off-Site Systems" willbet theb basisf forh howt thea approval process fort thes shareds septice easementa anda applicablel lotsa ando off-sitee easements willbev withl Lee County Environmental Health. This State approvalis is specifically Asp per UD06.63.2Lots 9-Sa and1 10-S aren nonb buildabler remotes septick lotst thata area accessed bya1 15 easement fori inspections andr repairs.  helpfuli int the review oft this application. Attach additional pages ifnecessary.  UD056.632'anyr proposeds  proposingn more  requiret thea  tobes servedbya anewlyo constructedir internalp oublic street  Ibelieve that this exception should beg granted because:  for Off-Site Systems standardse enforcedby G.S.1 130A-343a and1 15ANCAC1 18A. 1969.  CERTIFICATION  Ihereby certify that the information presented in this application is accurate and correct to the best of my knowledge. Itis further understood that this application willl be reviewed for completeness and that its shall not be scheduled for official consideration until it is deemed complete by the Sanford/Lee County Planning &  Development Department. Sigrfaure of Applicant/Owner (Sign & Print) - This signature must ber notarized below STATE OF NORTHCAROLINA LEECOUNTY hereby certify that  Date  Wake  1 Samanta Uobe Scvillg, a Notary Public forLce County and State of North Carolina do and acknowledged the due execution of the foregoing Instrument. Witness my hand and official seal, this the  Duan Sanchez  personally appeared before me on this day  8 day of_ Decembet ElLEal Notary Public Signature  2018.. Zozt  My Commission Expires: duly 16,2026  SAMANTA! URIBE SEVILLA Notary Public, North Carolina(SEAL) Wake County My Commission Expires July18, 2026  2of2        2Z88 S 4LZ9L 3A08V 3dld - E  Nid 077 co 61 107 W3ddoo/  a2zlezlolalzlzlulzlwlzlws    Bea  Nld 077 o 61 107 83ddoo  z    2  .92265  S L  8  &  996 shi        1    HAL OWEN & ASSOCIATES, INC. SOIL & ENVIRONMENTAL SCIENTISTS P.O. Box 400, Lillington NC27546-0400 Phone (910) 893-8743/Fax (910)8 893-3594 www. halowensoil.com 12 August 2022  Mr.. Johnny Byrd 30131 Buckhorn Rd Sanford, NC27330  Reference: Preliminary Soil Investigation  Copper Ridge Estates Subdivision (proposed)  Dear Mr. Byrd,  A soil investigation has been conducted at the above referenced property, located on the southeastern side of Farrell Road (SR 1423), Deep River Township, Lee County, North Carolina. The purpose of the investigation was to determine the ability of each lott to support a subsurface sewage waste disposal system and repair area for a typical three or four bedroom home. Itis our understanding that individual septic systems and public water supplies willl be utilized at this site. All soil ratings and determinations were made in accordance with "Laws and Rules for Sewage Treatment and Disposal Systems, 15A NCAC 18A .1900". This report represents my professional opinion as a Licensed Soil Scientist but does not guarantee or represent permit approval for any lot by the Local Health Department (LHD). An improvement permit for all residences will need to be obtained from the LHD that specifies the proposed home size and The site is currently wooded. An existing home in the vicinity of Lot 10 was removed and the septic system abandoned. An overhead electric line that served the home will be Lots 1-4, 6, 7, 12-17, 19, and 20 each appear to contain enough useable soils for septic to support ai four bedroom home for one residence. Lot5i is likely limited to a31 bedroom home due to the smaller amount of useable septic soils on this lot. The most adequate locations for the septic drainfields of lots 14, 15, 19 and 20 are in the very rear of their properties. Pump tanks A portion of each of these lots was observed to be underlain by provisionally suitable soils for subsurface sewage waste disposal. These provisionally suitable soils were observed to be predominately firm clays to greater than 36 inches and appear adequate to support long term acceptance rates of0.3 to 0.4 gal/day/sqft. Some oft the soils mapped as provisionally suitable on the attached map are limited in soil depth to the extent that systems that can be installed ultra shallow will likely be required. This requirement will necessitate the addition of up to approximately 6 inches of topsoil to completely cover the system in these areas. These soils shown as provisionally suitable will adequately function as sewage waste disposal sites but will require additional drainline due to clayey textured subsoil characteristics. You should expect  location, and the design and location oft the septic system to be installed.  relocated.  willl be necessary on these lots to reach these locations.  Soil Sciencel Investigations . Wetland Delineations, Permitting, and Consulting    HAL OWEN & ASSOCIATES, INC.  that 90 to 1201 feet of conventional drainline would be required for the initial system per bedroom Lots 2-6, 11, 16, 19, and 20 may have to utilize soils rated as provisionally suitable for low profile chamber fort their septic systems. Soils rated as provisionally suitable for Low Profile Chamber systems (LPC) are rated sO due to useable soil depth being less than 24 inches below the ground. surface. LPC systems do not receive the length reduction that regular chamber or other accepted status systems receive, and it should be expected that 120 to 150 feet of LPC Lots 8-10, and 18 do not contain enough useable soil for septic and will have to utilize supply line easements to the allotted areas in the southeastern corner of the property for their respective septic systems. The unsuitable soil area is so rated due to inadequate soil depth to excessive soil wetness conditions, unsuitable landscape position, and or inadequacy of soil properties such as texture, structure, and/or plasticity. The ability to utilize alternative systems or make modifications to this area to allow for septic systems is minimal. Some ofthis area will likely support building foundations, and homes could be sited in this area. Utilization of pump type conventional systems will allow unsuitable soils to make up part of the lot area. Septic systems that utilize pumps to conventional drainlines are recommended if you wish to locate homes on unsuitable soils and attempt to maximize the usable portion of the property. Due to the texture and typically shallower depths of many soil areas on the property iti is recommended to take care when removing trees and stumps. The impact of heavy machinery on these fragile soils may make certain areas become no longer useable for septic. We appreciate the opportunity toj provide this service and hope to be allowed to assist you again in the future. Ifyou) have any questions or need additional information, please contact us  in the home for these provisionally suitable areas.  drainline would be required for the initial system per bedroom int the home.  at your convenience.  Sincerely, Steven E. Boor Soils Associate III  SOIL  ty  1102 NORTH  RlGw Hal Owen Licensed Soil Scientist  Soil Sciencel Investigations . Wetland Delineations, Permitting, and Consulting    HAL OWEN & ASSOCIATES, INC.  Soill Map Legend Provisionally Suitable Soils Provisionally Suitable Soils for LPC Systems Unsuitable Soils  Preliminary Soill Investigation Copper Ridge Estates Subdivision (proposed) 12 August 2022 Soill Map  013304 BKISINC  020P33-  13304  ATED    Scale lin = 200ft Distances are paced and approximate  SOIL OWE  TOAOT  02 NORTW  WAYNE C, RENFRO  Soil Science Investigations * Wetland Delineations, Permitting, and Consulting  NORTH CAROLINA, LEECOUNTY Presented for registration ont this 13day of_Marcn 20,23 atID:ODARPM recorded in! Book 35 Page_ - Pamela G. Brit, Register ofD Deeds