08-19-2024 Agenda Packet BOCPERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
August 19, 2024
9:00 a.m.
This meeting will convene in Room 215 of the County Office Building.
CALL TO ORDER…………………………………………………. Chairman Powell
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
RECOGNITION:
ITEM #1 (pg.3)
Resolution of Appreciation for County Retiree…………………….. Chairman Powell
ITEM #2 (pgs.4-5)
Proclamation Recognizing August as Child Support Awareness
Month……………………………………………………………… Chairman Powell
INFORMAL COMMENTS
The Person County Board of Commissioners established a 10-minute segment
which is open for informal comments and/or questions from citizens of this
county on issues, other than those issues for which a public hearing has been
scheduled. The time will be divided equally among those wishing to comment.
It is requested that any person who wishes to address the Board, register with
the Clerk to the Board prior to the meeting.
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ITEM #3
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A.Approval of Minutes of August 5, 2024 (pgs.6-32),
B.Budget Amendment #4 (pg.33),
C.A Resolution Accepting the Gift of 5.42 Acres of Real Property (pgs.34-39),
D.Home and Community Care Block Grant for Older Adults FY25 Agreement
for the Provision of County-Based Aging Services (pgs.40-49), and
E.Tax Adjustments for August 2024 (pgs.50-57)
a.Tax Releases
b.NC Vehicle Tax System Pending Refunds
NEW BUSINESS:
ITEM #4 (pgs.58-87)
Farmland Preservation Ordinance Amendment……………… Nancy McCormick
ITEM #5 (pg.88)
ALS360 (Fire Component) and Budget Process for the
Fire Tax District………………………………………………… Thom Schwalenberg,
Katherine Cathey
ITEM #6 (pg.89)
Human Services Board Orientation…………………………... CCR Consultants
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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RESOLUTION OF APPRECIATION
WHEREAS, Amy Wehrenberg has served the people of Person County with
integrity, sincerity and dedication for over thirty years, from
June 1, 1994 to August 1, 2024; and
WHEREAS, Amy Wehrenberg has earned the respect and admiration of all
who have known her and worked with her throughout her
career; and
WHEREAS, Person County recognizes the many contributions Amy
Wehrenberg has made as an Accounting Clerk, Accounting
Assistant, Accounting Administrative Assistant, Accounting
Supervisor, Assistant Finance Director, and Finance Director
and offers her sincere best wishes for her retirement.
NOW, THEREFORE, I, Gordon Powell, Chairman of the Person County Board of
Commissioners, do hereby extend this Resolution of Appreciation to Amy
Wehrenberg for her dedication and commitment and for continually striving to
make Person County a better place to live and work.
Adopted this the 19th day of August, 2024.
____________________________________
Gordon Powell, Chairman
Person County Board of Commissioners
Attest:
____________________________________
Michele Solomon
Clerk to the Board
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AGENDA ABSTRACT
Meeting Date: August 19, 2024
Agenda Title: Child Support Awareness Month Proclamation for 2024
Summary of Information: August is Child Support Awareness Month. The month serves as an
acknowledgement of the vital role of the Child Support Services program in helping to ensure that
children receive adequate financial support from their parents. The Proclamation recognizes August
2024 as Child Support Awareness Month in Person County.
Recommended Action: Adopt a Proclamation designating August 2024 as Child Support
Awareness Month.
Submitted By: Carlton B. Paylor, Social Services Director
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Proclamation
Child Support Awareness Month
August 2024
WHEREAS, children are entitled to financial support from their parents, and North Carolina
continues to improve its efforts at child support collections; and
WHEREAS, North Carolina Child Support Services is dedicated to serving families and
children in North Carolina; and
WHEREAS, in State Fiscal Year 2023 - 2024, nearly $649 million was collected, providing
support for more than 328,000 children; and the Person County Child Support office collected
$3,206,031 for the children of NC and ended the year well above the State Average for Total
Collections of 102.67%; and the unit exceeded the 2023-24 goals for Cases Under Order
91.43%, Current Collection 68.61% and Arrears Collection at 70.61%; and
WHEREAS, children who do not receive adequate financial and emotional support from their
parents may experience greater difficulty in becoming happy, healthy, and productive members
of society; and
WHEREAS, many concerned and dedicated judges, district attorneys, clerks of court, sheriffs’
personnel, and child support professionals work to establish and enforce child support orders for
North Carolina’s children, one of our state’s most vital resources; and
WHEREAS, Person County Child Support ended the year with an overall compliance score of
98.99% and the Person County Child Support office is currently performing overall at 100%; and
NOW, THEREFORE, in recognition of Child Support Services, the Person County Board of
Commissioners do hereby proclaim August 2024, as Child Support Awareness Month in Person
County, and commend its observance to all citizens.
Adopted, this, the 19th day of August 2024.
____________________________
Gordon Powell, Chairman
Person County Board of Commissioners
ATTEST:
______________________________
Michele Solomon
Clerk to the Board
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August 5, 2024
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PERSON COUNTY BOARD OF COMMISSIONERS August 5, 2024
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Katherine M. Cathey, County Manager
C. Derrick Sims Michele Solomon, Clerk to the Board
Kyle W. Puryear T.C. Morphis, Jr., County Attorney
Charlie Palmer
Jason Thomas
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, August 5, 2024 at 6:00 p.m.in the Commissioners’ Boardroom
215 in the Person County Office Building located at 304 S. Morgan Street, Roxboro, NC.
Chairman Powell called the meeting to order. Commissioner Thomas offered an
invocation, and Commissioner Palmer led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
agenda.
PUBLIC HEARING:
REZONING MAP AMENDMENT APPLICATION RZ-01-24 A REQUEST BY THE
APPLICANT, THE PERSON COUNTY ECONOMIC DEVELOPMENT
DEPARTMENT, TO REZONE THE ±1,347.34-ACRE SUBJECT PROPERTY,
IDENTIFIED AS THE PERSON COUNTY MEGA PARK, FROM AN RC (RURAL
CONSERVATION) TO A GI (GENERAL INDUSTRIAL) ZONING DESIGNATION
A motion was made by Vice Chairman Sims and carried 5-0 to open the duly
advertised public hearing for Rezoning Map Amendment Application RZ-01-24, a request
by the applicant, the Person County Economic Development Department, to rezone the
±1,347.34-acre Subject Property, identified as the Person County Mega Park, from an RC
(Rural Conservation) to a G-I (General Industrial) zoning designation.
Planning & Zoning Director Chris Bowley shared the following presentation for the
Rezoning/Map Amendment Application RZ-01-24. He stated that the property is a Mega
Site, one of six in NC, and has been pre-identified for advanced manufacturing type uses on
a large scale.
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Commissioner Palmer asked Planning and Zoning Director Chris Bowley about the
sewer system, and asked of it would be a pump station to a gravity flow down to the plant.
Bowley replied that it would have to be gravity at that distance complimented by pump
stations.
County Attorney T.C. Morphis, Jr. asked Bowley to read the list of Permitted Uses
in the GI (General Industrial) Zoning District from the Person County Planning
Ordinance. Bowley read the Table of Permitted Uses in the GI Zoning District from
Appendix C, which is located in the Person County Planning Ordinance.
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There were no individuals appearing before the Board to speak in favor of or in
opposition to the public hearing for Rezoning Map Amendment Application RZ-01-24, a
request by the applicant, the Person County Economic Development Department, to rezone
the ±1,347.34-acre Subject Property, identified as the Person County Mega Park, from an
RC (Rural Conservation) to a G-I (General Industrial) zoning designation.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for Rezoning Map Amendment Application RZ-01-24, a request by the applicant,
the Person County Economic Development Department, to rezone the ±1,347.34-acre
Subject Property, identified as the Person County Mega Park, from an RC (Rural
Conservation) to a G-I (General Industrial) zoning designation.
CONSIDERATION TO GRANT OR DENY REZONING/MAP AMENDMENT
APPLICATION RZ-01-24 A REQUEST BY THE APPLICANT, THE PERSON
COUNTY ECONOMIC DEVELOPMENT DEPARTMENT, TO REZONE THE
±1,347.34-ACRE SUBJECT PROPERTY, IDENTIFIED AS THE PERSON
COUNTY MEGA PARK, FROM AN RC (RURAL CONSERVATION) TO A GI
(GENERAL INDUSTRIAL) ZONING DESIGNATION
A motion was made by Commissioner Puryear and carried 5-0 to approve Rezoning
Map Amendment Application RZ-01-24, a request by the applicant, the Person County
Economic Development Department, to rezone the ±1,347.34-acre Subject Property,
identified as the Person County Mega Park, from an RC (Rural Conservation) to a G-I
(General Industrial) zoning designation.
A motion was made by Commissioner Palmer and carried 5-0 to adopt an
Ordinance Amending the Person County Official Zoning Map for Zoning Amendment
Application RZ-01-24.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Timothy Sweeney of 155 Parkers Gate Drive, Youngsville stated that he currently
serves as a Paramedic Lieutenant with Person County EMS. He stated that he has served
in this community in an EMS capacity for the past four years. He stated that over those
years, he has had the opportunity to observe the development that has taken place within
EMS and Person County. He stated that he began here as a full-time paramedic when
every shift had an opening, and when the strains of understaffing and underpayment
burdened the entire organization. He stated that at that time, there was a tremendous
uncertainty, and we were at the tail end of the Covid pandemic. He stated that resources
were scarce and an organizational culture was forced to be reactive to current problems
instead of proactive to future ones. He stated that during that uncertainty, the sense of
community and the mission to provide the best possible emergency care to citizens of
Person County fueled his desire to remain here. He stated that six months into his
employment here, leadership changed over to Chief Schwalenberg and Chief Chandler. He
stated that from the beginning, the two of them have carried this agency to the success that
we are beginning to see today. He stated that, Schwalenberg began his time at EMS by
meeting individually with every one of the EMS workers, gauging the needs from within
the organization. He stated that Schwalenberg has been the most involved leader and he
continues to work over 100 hours per week to keep EMS, 911, and Emergency
Management (EM) prepared to handle anything that comes our way. He stated that
Schwalenberg has supported the individuals of this organization by supporting continuing
education, leadership courses, and opportunities outside of EMS. He stated that
Schwalenberg introduced himself to EMS over two years ago with a simple, yet powerful
statement, ‘We own the culture”. He stated that Schwalenberg has personified that
statement ever since. He stated that Schwalenberg’ s mission is clear, and his drive to
accomplish the mission speaks for itself through his dedication to this community. He
stated that he lives one hour and eleven minutes away, passes by two hospitals, and passes
through two counties that are both hiring paramedics. He stated that he does not have to
travel this far to be a paramedic, that he travels this far, because he wants to be a
paramedic in this county, and because the last two years of leadership within our
organization has created an agency where employment is well worth the long commute.
He stated that as you are aware, Person County EMS sits in a much better position now
than it did at the beginning of 2022. He stated that we have a strong, dedicated, and
structured leadership team that is headed by values of integrity, personal courage, selfless
service, and professionalism. He stated that EMS is an agency that provides the highest
quality of care to citizens who call 911. He stated that this evolution was not the result of a
miracle, that it was the result of thousands of hours of behind the scenes work by both
Schwalenberg and Chandler. He stated that Schwalenberg has committed more of his time
to this agency and subsequently the entire County than anyone he knows.
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Sweeney stated that the high-quality leadership has been the driving force in our
success and it is certainly the driving force in his personal commitment to this agency. He
stated that as a proud servicemember himself, he speaks on behalf of Schwalenberg, and
that Schwalenberg embodies every single bit of the army values, which are, loyalty, duty,
respect, honor, selfless service, integrity, and personal courage, He stated those same
values are necessary for leading EMS, 911, and EM. He stated that Schwalenberg has
proven that it takes a veteran to do this job right. He stated that Person County is not
physically his home, but the community that he has been blessed to serve and work for, is
one that he wishes to continue serving for as long as possible. He asked the Board to
continue to support EMS, and through EMS, continue to support our community. He
stated that Schwalenberg and Chandler, and the EMS agency are on the right path and are
just getting started.
Brandon Fox of 60 Poplar Lane, Roxboro stated that he is speaking of his own free
will and beliefs, and was not coerced to speak tonight. He stated that in the last couple of
weeks, it has been well known in the public forum that the honesty and integrity of his
Emergency Management Director, Tom Schwalenberg, along with County Manager
Katherine Cathey have been brought into question for frivolous accusations that simply do
not have any basis. He stated that he is here to speak to his opinion and to the character of
these individuals. He stated that Schwalenberg has been one of the most positive changes
that Person County’s EMS agency has seen in his last twelve years of employment. He
stated that Schwalenberg is engaged, caring, hardworking, and trustworthy in all
circumstances. He stated that Schwalenberg selflessly serves our community, even when
stretched to the max. He stated that Schwalenberg can regularly be seen until 10:00 p.m.,
working in his office to get the job done. He stated that when he returned home from the
Veteran’s Ride of Honor, there was a County Commissioner standing outside the bus to
welcome the veterans’ home, and gave a fiery speech with his fist in the air, about how he
appreciated our EMS service. He stated that what the Commissioner might not have
realized, is that Schwalenberg voluntarily took his day to attend that trip with the veterans.
He stated that Schwalenberg benefited the least financially for his time, and gave the most
effort. He stated that Schwalenberg has an open-door policy at work. He stated that
Schwalenberg regularly requests sessions with staff members, just to hear from them and
see what feedback they can provide to make EMS better. He stated that Schwalenberg is
an asset that would be almost impossible to replace, and Person County is better for the
leadership and expertise that Schwalenberg provides. He stated that he has had very little
interaction with Cathey. He stated that what he has seen from her is total transparency and
advocacy for her employees. He stated that Cathey has a strong work ethic, and regularly
communicates with hundreds of Person County employees through email. He stated that
anytime there has been a question that needed to go through the County Manager’s Office,
it has always been handled with the highest level of promptness and professionalism. He
stated that as Commissioners, they have a responsibility to find the truth, truth for the
County employees, truth for the public, and truth to themselves. He stated that the highest
responsibility is to our Creator, who commands honesty and integrity, as one of the Ten
Commandments.
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Fox stated that Exodus 23 states, “You shall not spread a false report. You shall
not join hands with a wicked man to be a malicious witness. You shall not fall in with the
many to do evil nor shall you bear witness in a lawsuit siding with the many as to pervert
justice.” He urged the Board to exhaust themselves in an attempt to find all the facts and
seek God’s guidance before making decisions in these chambers.
Julie Nye of 407 River Trace Drive, Rougemont stated that she has lived in the
Mount Tirzah township in Person County for twenty years and was one of the 300 or so
Personians who turned out last December to observe and protest the Board’s rezoning vote
for the Moriah Energy Center. She stated that she is dismayed to see that it may all be
starting up again with the Mega Park rezoning, but since there were no comments, she
guesses not. She stated that she is a member of Person County Down Home’s Public
School Strong. She stated that she has been attending school board meetings and
educating herself about many issues facing our public schools. She stated that today we
learned about a newly discovered mold problem at Person High School exacerbated by
HVAC issues that Person County Schools staff did not have control over. She stated that
in addition to resolving the immediate problem at Person High School, the Superintendent
wants to make sure that HVAC systems in all the schools are optimally configured to
respond to the increased heat and humidity conditions that we are learning to live under.
She stated that these repairs will be expensive in the coming weeks. She stated that her
colleagues with Person County Down Home will be sharing information with the Board
about some potentially very significant billions of dollars that is available through federal
funding opportunities for schools, residences, and other community-based projects under
provisions of the Inflation Reduction Act and the Infrastructure Investment and Jobs Act.
She stated that Person County Down Home wants to work with the Board and County
staff to ensure that Person County Schools, other qualifying organizations, and individual
property owners get their fair share of these funds.
Andrea Childers of 270 Blackberry Lane, Rougemont read a letter she wrote to
DEQ a couple of weeks ago. The letter read as follows:
Good morning, I am writing to you this morning because I feel compelled to try to
make you understand the perspective of residents living close to the MEC. This is not a
complaint, it’s just an explanation. For almost 32 years my family has lived on ten acres
less than a half mile as the crows fly from the MEC. We have a creek that runs the back
border of our property. That creek is primarily fed from a creek on the MEC property.
This creek was the largest determining factor in buying this property. It is where I went for
solace when I miscarried my first child. It is where our fur babies and non-fur babies
played to escape the summer heat. It has served as a biology, environmental, and wildlife
lab for our children as they grew up. The creek was a playground for our children and
their friends, their whole lives, up until last month. It was a spot that I visited daily, just
for a little peace. I no longer walk to the creek, as a matter of fact, I purposely avoid it
because I get physically sick every time I look at it.
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I have attached pictures because I want you to see the transformation that our
creek has taken. At first when Dominion started preconstruction, the creek would be
muddied, and then it would clear up. It never clears up; it just remains a constant
chocolate milk consistency. This pollution is coming straight off the MEC, and if you
have any doubts of that, I invite each and every one of you to my home, and I will walk
you up this creek, right to the MEC. I did it today with a reporter. Please bring your hiking
boots, bug spray, and lots of water. I am not writing to you to ask you to stop construction
on the MEC. I am not that naïve, although, I would most certainly welcome that decision.
I am asking you to make Dominion Energy be a good corporate neighbor, and not pollute
its neighbor’s properties. I know you say that you cannot do anything, but that is not
exactly accurate. You could ask Dominion for better BMP’s or do turbidity testing to
make sure that when they are releasing their water it meets state standards. To ask these
things of a billion-dollar company soon to be bought out by the largest LNG provider on
the continent would not be undue burden. It would actually provide some albeit small
protections to the citizens of the state of North Carolina. I am begging you to do what is
right.
Childers stated that while this letter is addressed to DEQ, the Board still has the
ability to ask for a wildlife study, and a stormwater runoff. She stated that she has been
asking the Board to do this for ten months, and the Board has not done anything. She
stated that the Board can do what is right for the citizens of Person County.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of July 15, 2024,
B. Budget Amendment #3,
C. Personnel Policy Amendment,
D. Person County Health Department Fee Schedule Amendment,
E. Person Industries Record Destruction, and
F. Person County Department of Social Services Attorney Contracts
NEW BUSINESS:
2024-2025 LEGISLATIVE GOALS
County Manager Katherine Cathey stated that every two years the North Carolina
Association of County Commissioners (NCACC) asks counties to submit proposals for
legislative goals that the association should seek to support in the best interest of counties.
She stated that the NCACC goal-setting process takes place each even-numbered year and
consists of five stages, and we are in the first stage, the solicitation of proposals from
counties, and it ends with the adoption of the legislative agenda at the Legislative Goals
Conference in November.
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Commissioner Palmer stated that he had seven proposals for legislative action, which are as
follows:
Funding for new EMS structure for housing equipment and employees
Funding for Piedmont Community College’s CHATT Building and equipping
classes housed in the CHATT Building
Additional funding for recycling and solid waste, including tires and electronics
Promoting recruitment and retention for First Responders, Detention Officers, and
Jails, including pay scale adjustments
Support for schools’ renovation to coincide with ADA compliance
Expand Broadband access
Support increased funding and services for older Americans and Veterans
Vice Chairman Sims stated that he would like to add to the list and provided the following
proposals for legislative action:
Increase in Teacher salaries and benefits
Infrastructure on connecting rural counties to major highways
Cathey thanked the Board for the list provided and advised that she will provide them to the
NCACC.
CHAIRMAN’S REPORT
Chairman Powell reported that he attended the PCBIC meeting, the Planning
Board meeting, and the Parks and Recreation Trail meeting. He stated that he met with
two representatives from Senator Ted Budd’s office last week; therefore, was not able to
attend the volunteer luncheon at Animal Services. He stated that he attended the
retirement recognition for outgoing CFO Amy Wehrenberg.
Powell clarified that last Thursday, DEQ had an Air Quality Meeting in
Henderson. He stated that Person County did not deny DEQ permission to have the
hearing in Person County. He stated that DEQ refused to sign the waiver that is required
for rental of county facilities. He stated that other facilities in the county were offered to
DEQ, yet they chose to hold the meeting elsewhere.
Powell stated that there was a PCBIC Special Meeting held on July 25, 2024 for
reorganization of the PCBIC as the topic of discussion. He stated that the Board of
Commissioners discussed this at their July 15, 2024 meeting, and a hard copy of options
for changes in the structure of the EDC/PCBIC were distributed to the Commissioners as
well as PCBIC President Phillip Allen. He stated that he emailed Allen the same document
on July 15, 2024. He stated that at the beginning of the July 25, 2024 meeting, Allen
addressed the PCBIC Board with a rough draft of concerns, which had been given to him
several weeks earlier by the Board of Commissioners. He stated that the document shared
with Allen at the Board of Commissioners July 15, 2024 meeting was not shared nor
referenced with PCBIC members at the special meeting. He stated that no explanation was
given as to why the options for changes were not presented to the PCBIC Board.
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Powell stated that, in an email to Allen and the PCBIC Board, he requested that the
options for changes in structure, from the Board of Commissioners, be used in future
discussions by the PCBIC Board. He requested that the County Manager provide the
Board of Commissioners with a complete report on PCBIC’s funding from January 2000-
August 2024 to include all revenues, including, but not limited to lease funds, grants, claw
back funds from Force Protection and Eaton Corporation.
MANAGER’S REPORT
County Manager Katherine Cathey expressed thanks to all employees, volunteers
within our community, and community members for being here tonight, and stated that is
nice to see them here participating in the business of the County in this way. She stated
that she and Vice Chairman Sims will be at the NCACC Annual Conference Thursday-
Saturday of this week. She stated that County staff will be monitoring the weather and
taking any measures that are necessary to ensure the safety of the people here. She stated
that tomorrow is National Night Out and is being held at Palace Pointe from 5:00 p.m.-
7:00 p.m. She stated that this is a very important community event that is supported by
many County and City departments, and a variety of community organizations, and is a
great way to bring people together.
COMMISSIONER REPORTS/COMMENTS
Vice Chairman Sims stated that he attended the PCBIC meeting and the Planning
Board meeting that were both held on the same day. He stated that he attended the volunteer
appreciation for the play yard dedication at Animal Services. He stated that he appreciated
all the volunteers that help out, and without volunteers, including those with the VFD’s, this
county would not be where it is now. He expressed thanks for all in attendance this evening.
Sims stated that he wanted to clarify a couple of things that were printed in the
Courier=Times. He stated that an article written to the editor on July 25, 2024 from Don
Narensky misquoted which Commissioner stated an opinion. Sims stated that Narensky
wrote in his letter to the editor: It is important to note that at the open public hearing in
December 2023, Mr. Sims voted in favor of the controversial MEC rezoning, without any
public comment, rationale for his decision or a public declaration of “no known conflict-of-
interest”; even after 35 speakers and over 350 constituents voiced their absolute opposition
to the rezoning, whose passionate participation in the democratic process Sims publicly
called “insanity”. Finally, it is important to note that Mr. Sims will be running for re-election
this November 2024.
Sims stated that he did not say that, and it was in quotes, and that it bothers him that
we have people who will put things in the paper that are inaccurate and not true. He stated
that in the August 1, 2024 edition of the Courier=Times, under For the Record, reads as
follows: A letter to the editor from Don Narensky that appeared in the July 25 edition of the
Courtier=Times attributed a statement referring to the Board of Commissioners public
hearing concerning Dominion Energy’s Moriah Energy Center as “insanity” to
commissioner Derrick Sims. That description was not made by Sims, but rather by
commissioner Charlie Palmer during the Jan. 2 Person County Board of Commissioners
meeting.
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Sims stated that he wants people to know that he did not say this and he is not going
to put up with people putting something in the paper that is not true, and that he will call
you out for it if you do. He stated that he hopes Narensky will hear this and understand that
he was wrong.
Commissioner Palmer apologized for missing the retirement party for the former
CFO. He stated that he attended a PCBIC meeting, where he asked one question, and was
not provided with the answer he was looking for. He stated that he attended the Parks and
Rec Tennis Tournament this past weekend, and it had a great turnout. He stated that the
Courier=Times needed a proof reader, as it would do the County a great service.
Commissioner Thomas expressed thanks to all in attendance, especially the EMS
and VFD’s, for all their hard work and stated that they do not get the credit they deserve.
Commissioner Puryear had no report.
A motion was made by Commissioner Puryear and carried 5-0 to enter into
Closed Sessions at 6:51 p.m.
CLOSED SESSION #1
A motion to enter into Closed Session #1 per General Statute 143-318.11(a)(3) for
the purpose to consult with the county attorney in order to preserve the attorney-client
privilege with the following individuals permitted to attend: County Manager
Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C.
Morphis, Jr., and Attorney Bo Somers.
CLOSED SESSION #2
A motion to enter into Closed Session #2 per General Statute 143-318.11(a)(6) for
the purpose to discuss personnel with the following individuals permitted to attend:
County Manager Katherine Cathey, Clerk to the Board Michele Solomon, and
County Attorney T.C. Morphis, Jr.
Chairman Powell called the closed sessions to order at 6:54 p.m.
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A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 8:37 p.m.
ADJOURN:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 8:39 p.m.
_____________________________ ______________________________
Michele Solomon Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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AGENDA ABSTRACT
Meeting Date: August 19, 2024
Agenda Title: A Resolution Accepting the Gift of 5.42 Acres of Real Property
Summary of Information: On February 15, 2024, Person County entered into a Purchase and Sale
Agreement to buy the Carolina Pride Carwash Headquarters, located on 10.51 acres of land in
Timberlake, from CPCW, LLC for use as Piedmont Community College’s future Center for Health,
Advanced Technology and Trades (CHATT). CPCW, LLC agreed to donate the vacant land located
adjacent to the Carolina Pride Carwash Headquarters (approximately 5.42 acres), free of charge, to
Person County. The Person County Board of Commissioners is grateful to CPCW, LLC for donating
the real property so that it may benefit the citizens of Person County.
Recommended Action: Approve the attached Resolution Accepting the Gift of 5.42 Acres of Real
Property.
Submitted By: Katherine M. Cathey, County Manager
34
A RESOLUTION ACCEPTING THE GIFT OF 5.42 ACRES OF REAL PROPERTY
WHEREAS, on February 15, 2024, Person County entered into a Purchase and Sale
Agreement to buy real property from CPCW, LLC, which property commonly being referred to as
the Carolina Pride Carwash Headquarters (Person County Tax Map and Parcel Number: A63 194
and PIN: 0903-16-92-4746.000). The survey attached hereto as Exhibit A shows this property as
the lot containing 10.51 acres of land;
WHEREAS, CPCW, LLC has additionally agreed to donate approximately 5.42 acres of
real property, free of charge, to Person County (Person County Tax Map & Parcel Number: A63
184 and PIN: 0903-16-92-8953.000). The land to be donated is shown as the vacant land located
adjacent to the Carolina Pride Carwash Headquarters;
WHEREAS, CPCW, LLC has provided a draft deed to convey the real property to be
donated. A copy of the draft deed is attached hereto as Exhibit B;
WHEREAS, the Person County staff anticipates that the conveyance of real property
described herein shall be completed no later than August 30, 2024; and
WHEREAS, the Person County Board of Commissioners wishes to express its gratitude to
CPCW, LLC for donating the real property so that it may benefit the citizens of the County;
NOW THEREFORE, BE IT RESOLVED BY THE PERSON COUNTY BOARD OF
COMMISSIONERS THE FOLLOWING:
Section 1. The donation of approximately 5.42 acres of real property having Person
County Tax Map & Parcel Number A63 184 and PIN 0903-16-92-8953.000 is hereby approved
The foregoing resolution, having been submitted to a vote, received the following vote and
was duly adopted this 19th day of August, 2024.
Ayes:
Noes:
Absent or Excused:
Dated:
Gordon Powell, Chairman
Person County Board of Commissioners
Attest:
[SEAL]
Michele Solomon
Clerk to the Board of Commissioners
35
(;+,%,7$36
4172432v2.RMF.33690.G55451
EXHIBIT B
Excise Tax: $0.00 Recording Time, Book and Page
Parcel ID: Tax Map A63, Lot 184
After recording mail to: Grantee
This instrument was prepared by: Randolph M. Fletcher of Manning, Fulton & Skinner, P.A.
(No title examination requested or performed)
Brief description for the Index: 5.42 acres Flat River Township, Person County, NC
NORTH CAROLINA NON-WARRANTY DEED OF GIFT
THIS DEED is made as of the ___ day of , 2024, by and between
CPCW, LLC,
A North Carolina limited liability company
P. O. Box 858
Roxboro, NC 27573
GRANTEE
PERSON COUNTY, A BODY POLITIC OF
THE STATE OF NORTH CAROLINA
304 South Morgan Street, Room 212
Roxboro, NC 27573-5245
The property conveyed by this instrument does not include the primary residence of the Grantor.
The designation Grantor and Grantee as used herein shall include said parties, their heirs, successors, and
assigns, and shall include singular, plural, masculine, feminine or neuter as required by context.
WITNESSETH, that the Grantor, as a gift, has given, granted, and conveyed, and by these presents does
hereby give, grant, and convey unto Grantee in fee simple, all of that certain lot or parcel of land situated
in Person County, North Carolina and more particularly described as follows:
See Exhibit A attached hereto and incorporated herein by reference.
The herein described property is a portion of the property acquired by Grantor by deed dated February 8,
2016, from Himatsingka America, Inc., successor by name change to DWI Holdings, Inc., etc., recorded
on February 17, 2016 in Book 916, Page 751, Person County Register of Deeds Office.
A map showing the above-described property is recorded in Plat Cabinet 6, Hanger 91-5&6, Person County
Register of Deed Office.
37
4172432v2.RMF.33690.G55451
TO HAVE AND TO HOLD the aforesaid lot or parcel of land and all privileges and appurtenances thereto
belonging to the Grantee in fee simple.
GRANTOR MAKES NO WARRANTY, EXPRESS OR IMPLIED, AS TO THE TITLE TO THE
PROPERTY HEREIN DESCRIBED.
THE PROPERTY HEREIN CONVEYED DOES NOT INCLUDE THE PRIMARY RESIDENCE OF
GRANTOR.
THIS CONVEYANCE IS INTENDED TO CONSTITUTE A GIFT FROM GRANTOR TO GRANTEE.
THIS CONVEYANCE IS MADE SUBJECT TO ALL MATTERS OF RECORD AFFECTING THE
PROPERTY.
IN WITNESS WHEREOF, the Grantor has duly executed the foregoing as of the day and year first above
written.
GRANTOR:
CPCW, LLC, a North Carolina limited liability
By:
Dale L. Reynolds, Member/Manager
STATE OF NORTH CAROLINA
COUNTY OF
I certify that the following person(s) personally appeared before me this day, each acknowledging to me
that he or she voluntarily signed the foregoing document for the purpose stated therein and in the capacity
indicated: Dale L. Reynolds, Member/Manager of CPCW, LLC, a North Carolina limited liability company.
Date: _______________, 2024 Notary Public:
Printed Name:
My Commission Expires:
(seal)
38
4172432v2.RMF.33690.G55451
EXHIBIT A
Legal Description of Property
LYING AND BEING in Flat River Township, Person County, North Carolina, and being all of what is
shown as Lot 3, containing 5.42 acres, on that plat of survey entitled “PERSON COUNTY BUSINESS
AND INDUSTRIAL CENTER”, surveyed by S. D. Puckett and Associates, Inc., Stephen J.
Puckett, RLS, dated May 29, 1991, and of record in Plat Cabinet 6, Hanger 91-5&6, Person County
Registry, which plat is hereby specifically incorporated by reference herein for greater certainty of
description.
39
AGENDA ABSTRACT
Meeting Date: August 19, 2024
Agenda Title: Home and Community Care Block Grant for Older Adults FY25 Agreement for
the Provision of County-Based Aging Services
Summary of Information: As provided in Area Plan, community service providers Person
County Senior Center (PCSC) and Person County Department of Social Services (PC DSS) share
and provide coordination of services for older persons. Grant Administrators are Alan Winstead,
Area Agency on Aging Director, Kerr-Tar Regional Council of Governments and Katherine Cathey,
Person County Manager.
Recommended Action: Approve the Agreement for Provision of County-Based Services.
Submitted By: Maynell Harper, Aging Services Director
40
DAAS-735
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July 1, 2024 through June 30, 2025
Home and Community Care Block Grant for Older Adults
Agreement for the Provision of County-Based Aging Services
This Agreement, entered into as of this day July 1, 2024, by and between the County of Person
(hereinafter referred to as the "County") and the Kerr-Tar Regional Council of Governments, Area
Agency on Aging, (hereinafter referred to as the "Area Agency").
Witnesseth That:
WHEREAS, the Area Agency and the County agree to the terms and conditions for provision of aging
services in connection with activities financed in part by Older Americans Act grant funds, provided to
the Area Agency from the United States Department of Health and Human Services through the North
Carolina Division of Aging and Adult Services (DAAS) and state appropriations made available to the
Area Agency through the North Carolina Division of Aging and Adult Services, as set forth in a) this
document, b) the County Funding Plan, as reviewed by the Area Agency and the Division of Aging
and Adult Services, c) the Division of Aging and Adult Services Home and Community Care Block
Grant Procedures Manual for Community Service Providers, d) the Division of Aging and Adult
Services Service Standards, and, e) the Division of Aging and Adult Services Community Service
Providers Monitoring Guidelines.
NOW THEREFORE, in consideration of these premises, and mutual covenants and agreements
hereinafter contained, the parties hereto agree as follows:
1. As provided in the Area Plan, community service providers specified by the County to
encourage maximum collocation and coordination of services for older persons are as follows:
Person County Department of Social Services
Region K Community Assistance Corporation
The Community Service Provider(s), shall be those specified in the County Funding Plan on
the Provider Services Summary format(s) (DAAS-732) for the period ending June 30 for the
year stated above.
2. Availability of Funds. The terms set forth in this Agreement for payment are contingent upon
the receipt of Home and Community Care Block Grant funding by the Area Agency.
3. Grant Administration.
The grant administrator for the Area Agency shall be: Alan Winstead, Director, Area Agency.
The grant administrator for the County shall be: Katherine Cathey, County Manager.
It is understood and agreed that the grant administrator for the County shall represent the
County in the performance of this Agreement. The County shall notify the Area Agency in
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2
writing if the administrator changes during the grant period. Specific responsibilities of the
grant administrator for the County are provided in paragraph seven (7) of this Agreement.
4. Services authorized through the County Funding Plan, as specified on the Provider Services
Summary format(s) (DAAS-732) are to commence no later than July 1 of the state fiscal year
and shall be undertaken and pursued in such sequence as to assure their expeditious
completion. All services required hereunder shall be completed on or before the end of the
Agreement period, June 30 of the state fiscal year.
5. Assignability and Contracting. The County shall not assign all or any portion of its interest in
this Agreement. Any purchase of services with Home and Community Care Block Grant for
Older Adults funding shall be carried out in accordance with the procurement and contracting
policy of the community services provider or, where applicable, the Area Agency, which does
not conflict with procurement and contracting requirements contained in 45 CFR Part 75,
Subpart D-Post Federal Award Requirements, Procurement Standards. Federal funds shall not
be awarded to any subrecipients who have been suspended or debarred by the Federal
government. In addition, Federal funds may not be used to purchase goods or services costing
over $100,000 from a vendor that has been suspended or debarred from Federal grant
programs.
6. Compensation and Payments to the County. The County shall be compensated for the work and
services actually performed under this Agreement by payments to be made monthly by the
Area Agency. Total reimbursement to the community service providers under this Agreement
may not exceed the grand total of Block Grant funding, as specified on the Provider Services
Summary format (DAAS-732).
SFY 2025
HCCBG
Local Match
Needed
Total
Allocation Plus
Local Match
PERSON 383,093 42,566 425,659
a.Interim Payments to the County
Upon receipt of a written request from the County, the Division of Aging and Adult
Services, through the Area Agency, will provide the County Finance Officer with an
interim payment equivalent to seventy percent (70%) of one-twelfth (1/12) of the County's
Home and Community Care Block Grant allocation by the 22nd of each month.
b.Reimbursement of Service Costs
Reimbursement of service costs are carried out as provided in Section 3 of the N.C.
Division of Aging and Adult Services Home and Community Care Block Grant Procedures
Manual for Community Service Providers, revised February 17, 1997.
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c.Role of the County Finance Director
The County Finance Director shall be responsible for disbursing Home and Community
Care Block Grant Funding to Community Service Providers in accordance with procedures
specified in the N.C. Division of Aging and Adult Services Home and Community Care
Block Grant Manual for Community Service Providers, revised February 17, 1997.
d.Payment of Administration on Aging Nutrition Services Incentive Program (NSIP) Subsidy
NSIP subsidy for congregate and home delivered meals will be disbursed by the Division of
Aging and Adult Services through the Area Agency to the County on a monthly basis,
subject to the availability of funds as specified in Section 3 of the N.C. Division of Aging
and Adult Services Home and Community Care Block Grant Procedures Manual for
Community Services Providers.
If through the U.S. Department of Agriculture Area Agency on Aging Elections Project, the
County elects to receive a portion of its USDA entitlement in the form of surplus
commodity foods in lieu of cash, the Area Agency will notify the County in writing of its
community valuation upon notification from the Division of Aging and Adult Services.
The delivery of commodity and bonus foods is subject to availability. The County will not
receive cash entitlement in lieu of commodities that are unavailable or undelivered during
the Agreement period.
7. Reallocation of Funds and Budget Revisions.
It is understood and agreed, that in the event the Service Provider's rate of progress on this
Agreement is leading to the underutilization of the funds allocated, and if the Service Provider
cannot demonstrate how funds will be fully utilized during the Agreement period, then, upon
notice to the County, the Area Agency may decrease the total compensation to be paid
hereunder in order to reallocate funds to other Agreements.
The County may authorize community service providers to implement budget revisions which
do not cause the County to fall below minimum budgeting requirements for access, in-home,
congregate, and home delivered meals services, as specified in Division of Aging and Adult
Services budget instructions issued to the County. If a budget revision will cause the County to
fall below minimum budgeting requirements for any of the aforementioned services, as
specified in Division of Aging and Adult Services budgeting instructions issued to the County,
the grants administrator for the County shall obtain written approval for the revision from the
Area Agency prior to implementation by the community service provider, so as to assure that
regional minimum budgeting requirements for the aforementioned services will be met.
Unless community services providers have been given the capacity to enter data into the Aging
Resources Management System (ARMS), Area Agencies on Aging are responsible for entering
amended service data into the Division of Aging and Adult Services Management Information
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System, as specified in the N.C. Division of Aging and Adult Services Home and Community
Care Block Grant Procedures Manual for Community Service Providers.
8. Monitoring. This Agreement will be monitored to assure that services are being provided as
stated in the Division of Aging and Adult Service Monitoring Policies and Procedures at
http://www.ncdhhs.gov/aging/monitor/mpolicy.htm.
The monitoring of services provided under this Agreement shall be carried out by the Area
Agency on Aging in accordance with its Assessment Plan and as specified in Sec. 308 of the
AAA Policies and Procedures Manual. Counties and community service providers will receive
a written report of monitoring findings in accordance with procedures established in Section
308.4. Any areas of non-compliance will be addressed in a written corrective action plan with
the community service provider.
9. Disputes and Appeals. Any dispute concerning a question of fact arising under this Agreement
shall be identified to the designated grants administrator for the Area Agency. In accordance
with Lead Regional Organization (LRO) policy, a written decision shall be promptly furnished
to the designated grants administrator for the County.
The decision of the LRO is final unless within twenty (20) days of receipt of such decision the
Chairman of the Board of Commissioners furnishes a written request for appeal to the Director
of the North Carolina Division of Aging and Adult Services, with a copy sent to the Area
Agency. The request for appeal shall state the exact nature of the complaint. The Division of
Aging and Adult Services will inform the Chairman of the Board of Commissioners of its
appeal procedures and will inform the Area Agency that an appeal has been filed. Procedures
thereafter will be determined by the appeals process of the Division of Aging and Adult
Services. The state agency address is as follows:
Director
North Carolina Division of Aging and Adult Services
693 Palmer Drive
2101 Mail Service Center
Raleigh, North Carolina 27699-2101
10.Termination for Cause. If through any cause, the County shall fail to fulfill in a timely and proper
manner its obligations under this Agreement, or the County has or shall violate any of the
covenants, agreements, representations or stipulations of this Agreement, the Area Agency shall
have the right to terminate this Agreement by giving the Chairman of the Board of
Commissioners written notice of such termination no fewer than fifteen (15) days prior to the
effective date of termination. In such event, all finished documents and other materials collected
or produced under this Agreement shall at the option of the Area Agency, become its property.
The County shall be entitled to receive just and equitable compensation for any work
satisfactorily performed under this Agreement.
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DAAS-735
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11. Audit. The County agrees to have an annual independent audit in accordance with North
Carolina General Statutes, North Carolina Local Government Commission requirements,
Division of Aging and Adult Services Program Audit Guide for Aging Services and Federal
Office of Budget and Management (OMB) Uniform Guidance 2 CFR Part 200.
Community service providers, as specified in paragraph one (1), who are not units of local
government or otherwise subject to the audit and other reporting requirements of the Local
Government Commission are subject to audit and fiscal reporting requirements, as stated in NC
General Statute 143C-6-22 and 23 and OMB Uniform Guidance CFR 2 Part 200, where
applicable. Applicable community service providers must send a copy of their year-end
financial statements, and any required audit, to the Area Agency on Aging. Home and
Community Care Block Grant providers are not required to submit Activities and
Accomplishments Reports. For-profit corporations are not subject to the requirements of OMB
Uniform Guidance 2 CFR Part 200, but are subject to NC General Statute 143C-6-22 and 23
and Yellow Book audit requirements, where applicable.
Federal funds may not be used to pay for a Single or Yellow Book audit unless it is a federal
requirement. State funds will not be used to pay for a Single or Yellow Book audit if the
provider receives less than $500,000 in state funds. The Department of Health and Human
Services will provide confirmation of federal and state expenditures at the close of the state
fiscal year. Information on audit and fiscal reporting requirements in accordance with
Administrative Code 09 NCAC 03M can be found at https://www.osbm.nc.gov/stewardship-
services/grants/grant-recipients
The following chart provides a summary of reporting requirements under NCGS 143C-6-22
and 23 and OMB Uniform Guidance 2 CFR Part 200 based upon funding received and
expended during the service provider’s fiscal year.
Annual Expenditures Report Required to AAA Allowable cost
for reporting
x Less than $25,000 in
state or federal funds
Certification form and State Grants
Compliance Reporting <$25,000
(Item #11, Activities and Accomplishments)
does not have to be completed)
OR
Audited Financial Statements in compliance
with GAO/GAS (i.e., Yellow Book).
N.A.
x Greater than $25,000
and less than
$500,000 in state
funds or $750,000 in
federal funds.
Certification form and Schedule of Grantee
Receipts >$25,000 and Schedule of Receipts
and Expenditures
OR
Audited Financial Statements in compliance
with GAO/GAS (i.e., Yellow Book)
N.A.
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Annual Expenditures Report Required to AAA Allowable cost
for reporting
x $500,000+ in state
funds but federal
pass through in an
amount less than
$750,000.
Audited Financial Statement in compliance
with GAO/GAS (i.e., Yellow Book)
May use state
funds, but not
federal funds.
x $500,000+ in state
funds and $750,000+
in federal pass
through funds.
Audited Financial Statement in compliance
with OMB Uniform Guidance 2 CFR Part
200 (i.e., Single Audit)
May use state
and federal
funds.
x Less than $500,000
in state funds and
$750,000+ in federal
pass through funds
Audited Financial Statement in compliance
with OMB Uniform Guidance 2 CFR Part
200 (i.e., Single Audit)
May use federal
funds, but not
state funds.
12.Audit/Assessment Resolutions and Disallowed Cost. It is further understood that the
community service providers are responsible to the Area Agency for clarifying any audit
exceptions that may arise from any Area Agency assessment, county or community service
provider single or financial audit, or audits conducted by the State or Federal Governments. In
the event that the Area Agency or the Department of Health and Human Services disallows any
expenditure made by the community service provider for any reason, the County shall promptly
repay such funds to the Area Agency once any final appeal is exhausted in accordance with
paragraph nine (9).
The only exceptions are if the Area Agency on Aging is designated as a community service
provider through the County Funding Plan or, if as a part of a procurement process, the Area
Agency on Aging enters into a contractual agreement for service provision with a provider
which is in addition to the required County Funding Plan formats. In these exceptions, the
Area Agency is responsible for any disallowed costs. The County or Area Agency on Aging
can recoup any required payback from the community service provider in the event that
payback is due to a community service provider's failure to meet OMB Uniform Guidance CFR
2 Part 200, 45 CFR Part 1321 or state eligibility requirements as specified in policy.
13. Indemnity. The County agrees to indemnify and save harmless the Area Agency, its agents,
and employees from and against any and all loss, cost, damages, expenses, and liability arising
out of performance under this Agreement to the extent of errors or omissions of the County.
14. Equal Employment Opportunity and Americans With Disabilities Act Compliance. Both the
County and community service providers, as identified in paragraph one (1), shall comply with
all federal and state laws relating to equal employment opportunity and accommodation for
disability.
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7
15. Data to be Furnished to the County. All information which is existing, readily available to the
Area Agency without cost and reasonably necessary, as determined by the Area Agency's staff,
for the performance of this Agreement by the County shall be furnished to the County and
community service providers without charge by the Area Agency. The Area Agency, its agents
and employees, shall fully cooperate with the County in the performance of the County's duties
under this Agreement.
16. Rights in Documents, Materials and Data Produced. The County and community service
providers agree that at the discretion of the Area Agency, all reports and other data prepared by
or for it under the terms of this Agreement shall be delivered to, become and remain, the
property of the Area Agency upon termination or completion of the work. Both the Area
Agency and the County shall have the right to use same without restriction or limitation and
without compensation to the other. For the purposes of this Agreement, "data" includes
writings, sound recordings, or other graphic representations, and works of similar nature. No
reports or other documents produced in whole or in part under this Agreement shall be the
subject of an application for copyright by or on behalf of the County.
17. Interest of the Board of Commissioners. The Board of Commissioners covenants that neither
the Board of Commissioners nor its agents or employees presently has an interest, nor shall
acquire an interest, direct or indirect, which conflicts in any manner or degree with the
performance of its service hereunder, or which would prevent, or tend to prevent, the
satisfactory performance of the service hereunder in an impartial and unbiased manner.
18. Interest of Members of the Area Agency, Lead Regional Organization, and Others. No officer,
member or employee of the Area Agency or Lead Regional Organization, and no public official
of any local government which is affected in any way by the Project, who exercises any
function or responsibilities in the review or approval of the Project or any component part
thereof, shall participate in any decisions relating to this Agreement which affects his personal
interest or the interest of any corporation, partnership or association in which he is, directly or
indirectly, interested; nor shall any such persons have any interest, direct or indirect, in this
Agreement or the proceeds arising there from.
19. Officials not to Benefit. No member of or delegate to the Congress of the United States of
America, resident Commissioner or employee of the United States Government, shall be
entitled to any share or part of this Agreement or any benefits to arise here from.
20. Prohibition Against Use of Funds to Influence Legislation. No part of any funds under this
Agreement shall be used to pay the salary or expenses of any employee or agent acting on
behalf of the County to engage in any activity designed to influence legislation or
appropriations pending before Congress.
21. Confidentiality and Security. Any client information received in connection with the
performance of any function of a community service provider or its subcontractors under this
Agreement shall be kept confidential. The community service provider acknowledges that in
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DAAS-735
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8
receiving, storing, processing, or otherwise handling any confidential information, the agency
and any subcontractors will safeguard and not further disclose the information except as
provided in this Agreement and accompanying documents.
22. Record Retention and Disposition. All state and local government agencies, nongovernmental
entities, and their subrecipients, including applicable vendors, that administer programs funded
by federal sources passed through the NC DHHS and its divisions and offices are expected to
maintain compliance with the NC DHHS record retention and disposition schedule
(https://www.ncdhhs.gov/about/administrative-offices/office-controller/records-retention). In
addition, the NC Department of Natural and Cultural Resources has developed a General
Records Schedule for Local Government Agencies as well as individual retention and
disposition schedules for local government agencies like county social service agencies and
local health departments. Those schedules are posted at
https://archives.ncdcr.gov/government/local.
Retention requirements apply to the community service providers funded under this Agreement
to provide Home and Community Care Block Grant services. By funding source and state
fiscal year, the NC DHHS record retention schedule lists the earliest date that grant records in
any format may be destroyed. The State Archives provides information about destroying
confidential data and authorized methods of record destruction (paper and electronic) at
https://archives.ncdcr.gov/government/records-management-tools/faq#how-can-i-destroy-
records.
The NC DHHS record retention schedule is based on federal and state regulations and pertains
to the retention of all financial and programmatic records, supporting documents, statistical
records, and all other records supporting the expenditure of a federal grant award. Records
legally required for ongoing official proceedings, such as outstanding litigation, claims, audits,
or other official actions, must be maintained for the duration of that action, notwithstanding the
instructions of the NC DHHS record retention and disposition schedule.
In addition to record retention requirements for records in any format, the long-term and/or
permanent preservation of electronic records require additional commitment and active
management by agencies. The community service provider will comply with all policies,
standards, and best practices published by the Division of Aging and Adult Services regarding
the creation and management of electronic records.
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23. Applicable Law. This Agreement is executed and is to be performed in the State of North
Carolina, and all questions of interpretation and construction shall be construed by the laws of
such State.
In witness whereof, the Area Agency and the County have executed this Agreement as of the day
first written above.
Person County
Attest:
____________________________ By: _____________________________________
Chairman, Board of Commissioners
Area Agency
Attest:
____________________________ By: _______________________________________
Area Agency Director Executive Director,
Lead Regional Organization
Provision for payment of the monies to fall due under this Agreement within the current fiscal year have
been made by appropriation duly authorized as required by the Local Government Budget and Fiscal
Control Act.6010
By: ________________________________________________________________
FINANCE OFFICER, Lead Regional Organization
49
AGENDA ABSTRACT
Meeting Date: August 19, 2024
Agenda Title: Tax Adjustments for August 2024
Summary of Information: Attached please find the tax releases and motor vehicle pending
refunds:
1.August 2024 tax releases.
2.August 2024 North Carolina Vehicle Tax System (NCVTS) pending refunds.
Recommended Action: Motion to accept reports and authorize refunds.
Submitted By: Russell Jones, Tax Administrator
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RUN DATE: 8/12/2024 10:19 AMRELEASES REPORTPerson CountyNAMEBILL NUMBEROPER DATE/TIMEDISTRICT VALUE AMOUNT203572012023-39782 DY: PERSONAL PROPERTYRH 7/9/2024 10:26:00 AMJACKSON ANTHONY LAWRENCEC ADVLTAX 1,199.008.66FIREADVLTAX 1,199.000.60NO LONGER OWNS TRLRTOTAL RELEASES:9.26203572012022-39782 DY: PERSONAL PROPERTYRH 7/9/2024 10:26:34 AMJACKSON ANTHONY LAWRENCEC ADVLTAX 1,276.009.19C PEN FEE 1,276.000.92FIREADVLTAX 1,276.000.64FIREPEN FEE 1,276.000.06NO LONGER OWNS TRLTOTAL RELEASES:10.81228712012023-38721 DY: PERSONAL PROPERTYRH 7/9/2024 3:35:42 PMGONZALEZ RICHARDC ADVLTAX 500.003.61C PEN FEE 500.000.36FIREADVLTAX 500.000.25FIREPEN FEE 500.000.03NO LONGER OWNS BOATTOTAL RELEASES:4.25181733012022-20728 DY:0RP:A99 87SRJ 7/16/2024 10:46:11 AMPRINCE JAMES MBANKRUPTCY DISCHARGE PER COURTC ADVLTAX 1,457.0010.49BANKRUPTCY DISCHARGE PER COURTSW30FFEEFEE 89,133.000.26BANKRUPTCY DISCHARGE PER COURTFIREADVLTAX 1,460.000.73TOTAL RELEASES:11.489999982023-999998 DY: RP:MDB 7/16/2024 3:49:12 PMU HAUL INTERNATIONALC GROSFEE0.0045.00C GROSFEE0.0045.00CI50GROSFEE0.0045.00CI50GROSFEE0.0045.00TOTAL RELEASES:180.00237272012024-38124 DY: PERSONAL PROPERTYRH 7/24/2024 9:57:58 AMDUNN SANDRA OWENC ADVLTAX 2,847.0020.57FIREADVLTAX 2,847.001.42SEE REC # 27756TOTAL RELEASES:21.99269403072024-29010 DY:0RP:A19 190RH 7/24/2024 3:54:13 PMSTONE KENNETH DC ADVLTAX 18,902.00136.57SW30FFEEFEE 18,902.004.00FIREADVLTAX 18,902.009.45BILLED IN ERROR-PARCEL DOES NOT EXISTTOTAL RELEASES:150.02637903012024-27476 DY:0RP:A42 315RH 7/26/2024 11:36:49 AMLEISS JONATHANC ADVLTAX 39,068.00282.27FIREADVLTAX 39,068.0019.53S/B 50% UNDER CONSTRUCTION F24TOTAL RELEASES:301.8051
RUN DATE: 8/12/2024 10:19 AMRELEASES REPORTPerson CountyNAMEBILL NUMBEROPER DATE/TIMEDISTRICT VALUE AMOUNT346573012024-21834 DY: RP:A43 150RH 7/26/2024 4:59:02 PMHARRIS TIMOTHY WC ADVLTAX 3,803.0027.48FIREADVLTAX 3,803.001.90ADJ VALUE OF TRAILER F24TOTAL RELEASES: 29.3851778201 2024-36491 DY: PERSONAL PROPERTY SA 7/29/2024 3:06:47 PMPEARCE BENJAMIN KYLELISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 650.00 4.70LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 650.00 0.47LISTING ADJUSTED PERSONAL PROPERTY FIREADVLTAX 650.00 0.33LISTING ADJUSTED PERSONAL PROPERTY FIREPEN FEE 650.00 0.03RELEASE PER RUSSELL DID NOT OWN IN 2024TOTAL RELEASES: 5.53202451388600 2024-513886 DY:23 PERSONAL PROPERTY MP 7/30/2024 1:32:43 PMJORDAN MARCUS DALE JRGAP DOUBLE BILLED C ADVLTAX 2,820.00 20.37GAP DOUBLE BILLED FIREADVLTAX 2,820.00 1.41GAP BILL - 4 MONTHS ONLYTOTAL RELEASES: 21.78202451379700 2024-513797 DY:23 PERSONAL PROPERTY SA 7/30/2024 3:23:41 PMGENTRY JUSTIN RAYGAP DOUBLE BILLED C ADVLTAX 4,030.00 72.79GAP DOUBLE BILLED FIREADVLTAX 4,030.00 5.04REGISTERED IN VIRGINIA FOR 30 MONTHS TOTAL RELEASES: 77.836201 2024-38009 DY: PERSONAL PROPERTY SA 7/31/2024 4:41:47 PMATWATER GABRIEL HEATHCHANGE IN SITUSC ADVLTAX 11,583.00 83.69CHANGE IN SITUSC PEN FEE 11,583.00 8.37CHANGE IN SITUSFIREADVLTAX 11,583.00 5.79CHANGE IN SITUSFIREPEN FEE 11,583.00 0.58WAS SOLD 11/3/22 TO A VIRGINIA RESIDENTTOTAL RELEASES: 98.4327802101 2024-41331 DY: PERSONAL PROPERTY RH 8/1/2024 8:57:15 AMEXTREME STEAM INCC ADVLTAX 23,825.00 172.14FIREADVLTAX 23,825.00 11.91BUSINESS CLOSED IN 2023TOTAL RELEASES: 184.0514998302 2024-10948 DY: RP:50 19 RH 8/1/2024 10:54:27 AMGENTRY MARVIN DALEC ADVLTAX 15,777.00 113.99CI50ADVLTAX 15,777.00 126.22APPRAISER OBSERVATION F24TOTAL RELEASES:240.2195053012024-20498 DY:0RP:A26 133RH 8/1/2024 10:55:33 AMWOODS MARSHA EC ADVLTAX 5,802.0041.92FIREADVLTAX 5,802.002.90SWR S/B SWP F/DEBRA & KEVIN ATKINS F24TOTAL RELEASES:44.8252
RUN DATE: 8/12/2024 10:19 AMRELEASES REPORTPerson CountyNAMEBILL NUMBEROPER DATE/TIMEDISTRICT VALUE AMOUNT30303012024-8334 DY:0RP:A84 14RH 8/1/2024 10:57:02 AMLUXTON LONNIE F JR ESTATEC ADVLTAX 35,900.00259.38FIREADVLTAX 35,900.0017.95TOB BARN S/B 1 UNIT F24TOTAL RELEASES:277.334543032024-1905 DY:0RP:A13 43RH 8/1/2024 10:57:51 AMLOCKHART WILSON BOYDC ADVLTAX 31,427.00227.06FIREADVLTAX 31,427.0015.71CHANGED EYB FRM 1960-TO 1940 F24TOTAL RELEASES:242.77716061022024-39801 DY: PERSONAL PROPERTYRH 8/1/2024 12:07:59 PMSTOKES MANUFACTURING LLCC ADVLTAX 50,940.00368.04C PEN FEE 50,940.0036.80CI50ADVLTAX 50,940.00407.52CI50PEN FEE 50,940.0040.75CORRECT VALUES RECD LISTING AFTER BILLS MAILEDTOTAL RELEASES:853.11181461012024-37753 DY: PERSONAL PROPERTYRH 8/2/2024 8:43:34 AMROXBORO AVIATION INCC ADVLTAX 72,000.00520.20FIREADVLTAX 72,000.0036.00CORRECT VALU AIRPLANETOTAL RELEASES:556.20287442012024-35603 DY: PERSONAL PROPERTYRH 8/2/2024 9:17:19 AMHICKS JOEL NC ADVLTAX 28,670.00207.14FIREADVLTAX 28,670.0014.34RECD BILL OF SALE FOR EQUIPMENTTOTAL RELEASES:221.48141939042024-15638 DY:0RP:3 1ARH 8/2/2024 9:28:42 AMROXBORO PRESBYTERIAN CHURCHC ADVLTAX 224,135.001,619.38CI50ADVLTAX 224,135.001,793.08PER RUSSELL RELEASETOTAL RELEASES:3,412.46251292012023-201207 DY:23RP:102 62SA 8/2/2024 11:47:43 AMPEREZ MARIA CONSUELO BELLOCITY RETRACTED MOWING FEEC ABATFEE0.00212.50PER E-MAIL FROM RUSSELL 08/02/24TOTAL RELEASES:212.5015033022024-28092 DY:0RP:A65 596RH 8/5/2024 3:18:09 PMCASH DONALD PAUL & OTHERSC ADVLTAX 13,739.0099.26FIREADVLTAX 13,739.006.87APPRAISER CHNG VALUE TOTAL RELEASES: 106.1363951101 2024-33117 DY: PERSONAL PROPERTY RH 8/6/2024 10:23:56 AMVOLKSWAGEN GROUP OF AMERICA CHC ADVLTAX 917,600.00 6,629.66FIREADVLTAX 917,600.00 458.80DEL CIP F24 BILLED IN ERROR TOTAL RELEASES: 7,088.4653
RUN DATE: 8/12/2024 10:19 AMRELEASES REPORTPerson CountyNAMEBILL NUMBEROPER DATE/TIMEDISTRICT VALUE AMOUNT370503062024-17708 DY:0RP:A14 91RH 8/6/2024 10:46:46 AMHICKS OTHA LC ADVLTAX 49,589.00358.28FIREADVLTAX 49,589.0024.79CORRECTION OF ASSESSMENT F24TOTAL RELEASES:383.07655621012024-15413 DY: RP:A58 85RH 8/6/2024 12:26:30 PMBOISE CASCADE WOOD PRODUCTS LLCC ADVLTAX 5,869,854.00 42,409.70CI50ADVLTAX 5,869,854.00 46,958.83APPLIED ADJUSTED DEPRECIATON SCHEDULETOTAL RELEASES: 89,368.533206302 2024-15416 DY:0RP:A71 11B RH 8/7/2024 10:34:37 AMGENTRY BRUCE ROGERSC ADVLTAX 19,286.00 139.34FIREADVLTAX 19,286.00 9.64REMV 2 POOLS IN 2023 F24TOTAL RELEASES: 148.9871634201 2024-39091 DY: PERSONAL PROPERTY MP 8/7/2024 4:10:07 PMMENDOZA MARIELISTING ADJUSTED PERSONAL PROPERTY C ADVLTAX 4,169.00 30.12LISTING ADJUSTED PERSONAL PROPERTY C PEN FEE 4,169.00 3.01LISTING ADJUSTED PERSONAL PROPERTY CI50ADVLTAX 4,169.00 33.35LISTING ADJUSTED PERSONAL PROPERTY CI50PEN FEE 4,169.00 3.34DUPLICATE - CORRECTLY BILLED ON 2024-39499TOTAL RELEASES: 69.8275850101 2024-40001 DY: PERSONAL PROPERTY RH 8/9/2024 11:12:39 AMMILNERC ADVLTAX 1,080.00 7.80C PEN FEE 1,080.00 0.78CI50ADVLTAX 1,080.00 8.64CI50PEN FEE 1,080.00 0.86EQUIP BILLED UNDER WELLS FARGO NOT MILNER SEE REC#34029TOTAL RELEASES: 18.08NET RELEASES PRINTED: 104,350.56TOTAL TAXES RELEASED104,350.5654
RUN DATE: 8/12/2024 10:19 AMRELEASES REPORTPerson CountyC ADVLTAX - County TaxTAXYEARRATEYEARREAL VALUE RELEASEDPERS VALUE RELEASEDTOTAL VALUE RELEASEDREAL TAX RELEASEDPERS TAX RELEASEDMV VALUE RELEASEDMV TAXES RELEASEDTOTAL VALUE RELEASEDTOTAL TAXES RELEASED2024 2023 0 6,850 6,850 0.00 93.16 0 0.00 6,850 93.162024 2024 453,625 7,055,443 7,509,068 3,277.45 50,530.67 0 0.00 7,509,068 53,808.122022 2022 1,457 2,552 4,009 10.49 10.11 0 0.00 4,009 20.602023 2023 0 2,199 2,199 0.00 12.63 0 0.00 2,199 12.63DIST TOTAL455,082 7,067,044 7,522,126 3,287.94 50,646.57 0 0.00 7,522,126 53,934.51FIREADVLTAX - Fire District TaxTAXYEARRATEYEARREAL VALUE RELEASEDPERS VALUE RELEASEDTOTAL VALUE RELEASEDREAL TAX RELEASEDPERS TAX RELEASEDMV VALUE RELEASEDMV TAXES RELEASEDTOTAL VALUE RELEASEDTOTAL TAXES RELEASED2024 2023 0 6,850 6,850 0.00 6.45 0 0.00 6,850 6.452022 2022 1,460 2,552 4,012 0.73 0.70 0 0.00 4,012 1.432023 2023 0 2,199 2,199 0.00 0.88 0 0.00 2,199 0.882024 2024 213,713 1,073,211 1,286,924 106.84 531.10 0 0.00 1,286,924 637.94DIST TOTAL215,173 1,084,812 1,299,985 107.57 539.13 0 0.00 1,299,985 646.70CI50ADVLTAX - City of RoxboroTAXYEARRATEYEARREAL VALUE RELEASEDPERS VALUE RELEASEDTOTAL VALUE RELEASEDREAL TAX RELEASEDPERS TAX RELEASEDMV VALUE RELEASEDMV TAXES RELEASEDTOTAL VALUE RELEASEDTOTAL TAXES RELEASED2024 2024 239,912 5,982,232 6,222,144 1,919.30 47,453.29 0 0.00 6,222,144 49,372.59DIST TOTAL239,912 5,982,232 6,222,144 1,919.30 47,453.29 0 0.00 6,222,144 49,372.59GRAND TOTALS:910,167 14,134,088 15,044,255 5,314.81 98,638.99 0 0.00 15,044,255 103,953.8055
Payee NameAddress 3Refund Type Refund ReasonCreate DateTax JurisdictionLevy Type01TAX60TAX01TAX60TAX01TAX60TAX01TAX60TAX01TAX60TAX01TAX50TAX50VEHICLE FEE60TAX01TAX60TAX01TAX60TAX01TAX60TAX01TAX60TAX01TAX60TAX01TAX50TAX$0.00($39.12)($207.89)($14.39)$222.28Vehicle Sold 8/6/2024ROXBORO, NC 27573 ProrationPERSON TO PERSON INCVehicle Sold 7/23/2024($86.52)($5.98)$92.50($318.57)($22.05)$340.62MOORE, PEGGY SPENCERROUGEMONT, NC 27572 ProrationVehicle Totalled 7/16/2024ROXBORO, NC 27574 ProrationMIDDLETON, JASON KYLEVehicle Totalled 7/10/2024($51.80)($3.59)$55.39($255.70)($17.69)$273.39MCCOLLUM, LAURIE JEAN RICHARD TIMBERLAKE, NC 27583 ProrationReg . Out of state 7/5/2024TIMBERLAKE, NC 27583 ProrationGRAVES, COLLIN MCKINNEYSitus error 7/29/2024$0.00($243.36)($30.00)$15.21$258.15($54.31)($3.76)$58.07GAITHER, MARISA ROCHELLE HILLSBOROUGH, NC 27278 Adjustment >= $100Vehicle Sold 8/8/2024ROXBORO, NC 27574 ProrationDUNN, MARGARET YARBOROUGHVehicle Sold 7/31/2024($13.58)($0.94)$14.52($26.44)($1.83)$28.27DAVENPORT, CHARLES ALLEN JR ROXBORO, NC 27574 ProrationVehicle Sold 7/17/2024ROXBORO, NC 27574 ProrationCORNETT, SUSAN PAYNEVehicle Sold 7/18/2024($62.02)($4.29)$66.31($46.33)($3.21)$49.54BOOR, WAYNE EMORYROXBORO, NC 27574 ProrationVehicle Totalled 7/10/2024ROXBORO, NC 27574 ProrationBARKER, DANIEL CLIFTONTotal Change Page 1 of 256
Payee NameAddress 3Refund Type Refund ReasonCreate DateTax JurisdictionLevy TypeTotal Change50VEHICLE FEE60TAX01TAX50TAX50VEHICLE FEE01TAX60TAX01TAX60TAX01TAX60TAX01TAX60TAX01TAX60TAX01TAX60TAX01TAX50TAX50VEHICLE FEE60TAX01TAX60TAX01TAX60TAXVehicle Sold 7/5/2024($29.41)($2.03)$31.44($59.10)($4.09)$63.19WOOD, MICHAEL RAYTIMBERLAKE, NC 27583 ProrationVehicle Sold 8/8/2024ROXBORO, NC 27574 ProrationWALL, JOHN DUSTIN$0.00($87.68)($30.00)$5.48$112.20Situs error8/8/2024ROXBORO, NC 27574 Adjustment >= $100WALKER, ALEXIA MARIEVehicle Sold 7/26/2024($1.82)($0.13)$1.95($321.40)($22.24)$343.64TOONE, LINDSAY AMORINROXBORO, NC 27574 ProrationVehicle Sold 7/25/2024ROUGEMONT, NC 27572 ProrationTLG LOGISTICS LLCVehicle Sold 7/22/2024($100.86)($6.98)$107.84($10.87)($0.75)$11.62SYNERGI HEALTHCARE INCTIMBERLAKE, NC 27583 ProrationVehicle Sold 7/10/2024ROXBORO, NC 27574 ProrationSMITH, HAZEL OBRIANTVehicle Sold 7/17/2024($47.40)($3.28)$50.68($77.14)($5.34)$82.48SHORT, ELIZABETH ANNROXBORO, NC 27574 ProrationVehicle Sold 7/17/2024ROXBORO, NC 27574 ProrationSHORT, ELIZABETH ANN($34.63)($38.34)$0.00$72.97Vehicle Sold 7/16/2024ROXBORO, NC 27573 ProrationRODRIGUEZ, MARIA DEL CARMENSitus error 7/15/2024($30.00)$2.45$66.67PICKARD, DONALD GREGGGIBSONVILLE, NC 27249 Adjustment < $100 Page 1 of 257
AGENDA ABSTRACT
Meeting Date: August 19, 2024
Agenda Title: Adoption of Farmland Preservation Ordinance Amendment
Summary of Information: The Farmland Preservation Ordinance was adopted on October 17,
2022. This ordinance establishes voluntary programs for landowners that recognize and support
the preservation of Person County’s farmland. This amendment will add an Agricultural
Conservation Easement Program as another option for landowners. This program will aid in the
permanent protection and conservation of agricultural land.
The Person County Agricultural Advisory Board and the Person Soil and Water Conservation
District Board of Supervisors are supporting this ordinance amendment.
Recommended Action: Adopt Farmland Preservation Ordinance Amendment
Submitted By: Nancy McCormick, Soil & Water Director
Person Soil & Water Conservation District
Person County Agricultural Advisory Board
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FARMLANDPRESERVATIONORDINANCEAMENDMENTPresented by Nancy McCormick, Soil & Water DirectorAugust 19, 202459
Farmland Preservation OrdinancePURPOSE:•To reduce the loss of productive and existing farmland by promotingagricultural values and the general welfare of the county•Increase identity and pride in the agricultural community and its way oflife•Encourage the economic and financial health of agriculture,horticulture, and forestry•Decrease the likelihood of legal disputes, such as nuisance actionsbetween farm owners and their neighbors•Encourage participation in voluntary programs60
Current Voluntary ProgramsVoluntary Agricultural District (VAD)•Bona fide farm •Land must be managed according to NRCS guidelines with respect to highly erodible land•Conservation agreement•Public awareness•Signage•Decrease likelihood of legal disputes •Water/Sewer assessments may be waivedEnhanced Voluntary Agricultural District (EVAD)Conservation agreement IRREVOCABLEfor 10 yearsAdditional Benefits to EVAD participants:•25% of gross sales from non-farm products and still qualify as a bona fide farm•90% cost share vs 75%•Higher ranking through NCDA grants & priority consideration from other state agencies•Waiver of all county utility assessments61
NEW Agricultural Conservation Easement Program The purchase or donation of agricultural conservation easements •Legal agreement restricting the landowner and future landowners to agricultural and/or forestry use of the land•Easements can be purchased through:•NC Dept. of Agriculture and Consumer Sciences Agricultural Development & Farmland Preservation Trust Fund grant•USDA-NRCS Agricultural Land Easement program•Easements held by Person County•Easements held in perpetuity – no term easements62
Program AdministrationThe Agricultural Advisory Board and Soil and Water Conservation District staff will administer the program as another voluntaryoption for landowners as part of farmland preservation. Conversation with LandownerRanking & Site assessmentAg Advisory Board approvalSubmit grant application & transaction documentsSign & record agreements; Landowner gets paidMonitoring & Stewardship63
NEED – NC #2 in Nationnass.usda.gov/AgCensus64
Benefits for Landowners•Landowner retains ownership•NOT public land •Continue farming & forestry•Remain eligible for present use value property tax program•Funds can assist farmers:•Reduce debt•Allow expansion of operations•Aid in continuation of “Family Farms” and/or Century Farms65
Benefits for Person CountyAligns with the County Strategic Plan: Quality of LifeWorking collaboratively with the community to ensure that Person County remains a great place to work, live and play. Economic Opportunity and GrowthCreating and sustaining the conditions to facilitate economic development, security, and prosperity.Goal 1: Recruit, grow, and retain business and industryGoal 16: Preserve and celebrate rural character and lifestyle•Recognizes the economic benefits of Agricultural•Protects working lands •Protects natural resources •Protects wildlife•Preserves the scenic beauty66
QUESTIONSContact:Nancy McCormick, Soil & Water Directornmccormick@personcountync.gov67
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PERSON COUNTY
FARMLAND PRESERVATION ORDINANCE
ARTICLE I
TITLE
An Ordinance of the Board of County Commissioners of PERSON COUNTY, NORTH CAROLINA,
entitled, "FARMLAND PRESERVATON ORDINANCE."
ARTICLE II
AUTHORITY
The articles and sections of this Ordinance are adopted pursuant to authority conferred by the
North Carolina General Statutes sections §106-735 through 106-744 and Chapter 153A.
ARTICLE III
PURPOSE
The purpose of this Ordinance is to reduce the loss of productive and existing farmland by
promoting agricultural values and the general welfare of the county; increase identity and pride
in the agricultural community and its way of life; encourage the economic and financial health
of agriculture, horticulture, and forestry; decrease the likelihood of legal disputes, such as
nuisance actions between farm owners and their neighbors; and encourage participation in said
voluntary programs.
ARTICLE IV
DEFINITIONS
The following are defined for purposes of this Ordinance:
Advisory Board: Person County Agricultural Advisory Board.
Board of Commissioners: Person County Board of Commissioners.
Chairperson: Chairperson of the Person County Agricultural Advisory Board.
District: Voluntary Agricultural District as established by this Ordinance.
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Enhanced District: Enhanced Voluntary Agricultural District as established by this
Ordinance.
Conservation Agreement: An agreement signed by the landowner committing to keep land
in agricultural or forest use, as described in N.C.G.S. 121-35.
Conservation Easement: Shall have the meaning as Agricultural Conservation Easement as
set forth in N.C.G.S. 106-744, and to the extent not inconsistent
with N.C.G.S. 106-744 generally meaning a written easement
agreement between a landowner and a qualified conservation
organization or public agency under which:
The landowner agrees to keep the land available for
agriculture and/or forestry and restrict subdivision or non-
farm development and other uses that are incompatible with
commercial agriculture and forestry; and
The conservation organization or public agency is responsible
for monitoring the easement to ensure the terms of the
easement are met.
Farmland Preservation Coordinator: Means Person County Soil and Water Conservation
District office staff person who supports the Agricultural Advisory
Board.
ARTICLE V
AGRICULTURAL ADVISORY BOARD
A. Creation
The Board of Commissioners establishes the Person County Agricultural Advisory Board to
implement the provisions of this program.
B. Membership
1. The Advisory Board shall consist of seven (7) members.
2. Each Advisory Board member, except those serving in an ex officio capacity, shall be a
Person County resident or landowner.
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3. At least a majority of the members shall be actively engaged in agriculture as defined in
N.C.G.S. § 106-581.1. This determination shall be made without reference to ex officio
members.
4. The members actively engaged in agriculture as defined in N.C.G.S. § 106-581.1, as well
as other members, shall be selected for appointment by the Board of Commissioners
from the names of individuals submitted to the Board of Commissioners by the Soil and
Water Conservation District Board of Supervisors, the County Office of North Carolina
Cooperative Extension, the U.S. Farm Service Agency County Committee, nonprofit
agricultural organizations, conservation organizations, agribusiness, horticultural
businesses, forestry businesses, and the public at large.
5. Additional members may be appointed to the Board in an ex officio capacity from the
Soil and Water Conservation District Board of Supervisors, the County Office of North
Carolina Cooperative Extension, the U.S. Farm Service Agency, Economic Development
Commission, or other agencies, as deemed necessary by the Board of Commissioners.
Members serving in an ex officio capacity shall neither vote nor count toward quorum
requirements.
6. The members shall be chosen to provide the broadest possible representation of the
geographical regions of Person County and to represent, to the extent possible, all
segments of agricultural production existing within the county.
D. Tenure
The initial board is to consist of two (2) appointees for terms of two (2) years; two (2)
appointees for terms of three (3) years; and three (3) appointees for terms of four (4) years.
Thereafter, all appointments are to be for terms of four (4) years, when reappointment
permitted.
E. Vacancies
Any vacancy of a member appointed by the Board of Commissioners on the Advisory Board is to
be filled by the Board of Commissioners for the remainder of the unexpired term.
F. Removal
Any member of the Advisory Board may be removed by the Board of Commissioners upon a
majority vote of the Commissioners. No cause for removal shall be required. The Board may
recommend that members not meeting attendance standards be removed by the Board of
Commissioners. If an appointee, in any calendar year has absences which constitute more than
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twenty-five percent (25%) of the regularly scheduled Board meetings or three (3) consecutive
meetings, whichever comes first, which he or she is required to attend, he or she is obligated to
resign. The Board of Commissioners may consider extenuating circumstances. If the individual
refuses to resign, he or she may be removed by action of the Board of County Commissioners,
by a majority vote, subject to state or local law. A leave of absence may be granted for
extraordinary circumstances, such as illness or personal circumstances, upon request to the
Board of Commissioners.
G. Advisory Board Procedure
1. Chair and Vice Chair: The Advisory Board shall elect a chairperson and vice-
chairperson from those members appointed by the commissioners each year at
the Advisory Board’s first meeting of the fiscal year. The chairperson shall preside
over all regular or special meetings of the Advisory Board. In the absence or
disability of the chairperson, the vice-chairperson shall preside and shall exercise
all the powers of the chairperson. Additional officers may be elected as needed.
2. Determination of Procedure: The Advisory Board may adopt rules of procedure
consistent with this Ordinance or other provisions of State law.
3. Advisory Board Year: The Advisory Board shall use the Person County fiscal year,
July 1 - June 30, as its meeting year.
4. Meetings: Meetings of the Advisory Board shall be held at the call of the
chairperson and at such other times as the Advisory Board may specify in its rules
of procedure or upon the request of at least a majority of the Advisory Board
membership. A meeting shall be held at least annually and notice of any meetings
to the members shall be in writing unless otherwise agreed to by all Advisory
Board members. Meeting dates and times shall be posted as far in advance as
possible by all means of public dissemination required by N.C.G.S. § 143-318.12
All meetings shall be open to the public and follow the Open Meetings Laws.
5. Meeting Location: Meetings shall be held at the Person County Office Building. If
this facility is unavailable or if the business of the Advisory Board makes it
necessary or more convenient to meet at a different location, the chairperson shall
determine this location and provide timely notification to all board members and
to the public.
6. Majority Vote and Quorum Requirements: All issues shall be decided by a majority
vote of the members of the Advisory Board present, except as otherwise stated
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herein. A quorum is defined as a majority of the members. No business may be
conducted by the Advisory Board without a quorum present.
7. Records: The Advisory Board shall keep minutes of the proceedings showing the
vote of each member upon each question, or if absent or failing to vote, indicating
such fact, and shall keep records of its examinations and other official actions, all
of which shall be filed in the office of the Advisory Board, or its designee, and shall
be a public record.
8. Administration: The Person County Soil and Water Conservation District office will
serve the Advisory Board for record keeping, correspondence, and whatever
services the Board needs in order to complete its duties.
H. Duties
The Advisory Board shall:
Review and approve or disapprove applications of landowners for enrollment of
qualified farmland, horticultural land, or forestland into the Voluntary/Enhanced
Agricultural Districts. By approval of this Ordinance the County Board of Commissioners
has delegated authority pursuant to N.C.G.S. §106-739(1) to enroll qualifying farms into
agricultural districts.
Review and approve the form of the conservation agreement to sustain agriculture
required of this Ordinance.
Make recommendations concerning the establishment and modification of Agricultural
Districts.
Conduct public hearings related to public condemnation of qualifying farmland and
other agricultural issues.
Advise the Board of Commissioners on projects, programs, or issues affecting the
agricultural economy and agricultural, horticultural or forestry activities within the
county that may affect Agricultural Districts.
Review and make recommendations concerning proposed amendments to this
ordinance.
Study additional methods of protection for farming, horticulture, forestry, and the
attendant land base, and make recommendations to the Board of Commissioners.
Review applications for conservation easement purchases and donations to Person
County. The Advisory Board shall have final authority to approve such purchases and
donations, subject to the requirements of this ordinance and other applicable law.
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Perform other agricultural, horticultural, and forestry-related tasks or duties assigned by
the Board of Commissioners.
Provide recommendations and input on modification to the Person County Farmland
Preservation Plan as defined in N.C.G.S. §106-744 (e) for presentation to the Board of
Commissioners.
ARTICLE VI
CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS AND
ENHANCED VOLUNTARY AGRICULTURAL DISTRICTS
A. Implementation
In order to implement the purposes stated in Article III, this program provides for the creation
of Voluntary Agricultural Districts and Enhanced Voluntary Agricultural Districts (Districts) which
shall meet the following standards:
Districts shall contain a minimum of twenty (20) contiguous acres of qualified forest
land; ten (10) contiguous acres of qualified farmland; or five (5) contiguous acres of
qualified horticultural land, OR, two or more qualified farms that, together, contain a
minimum of twenty (20) acres and are located within the county.
Landowner(s) requesting inclusion in Districts shall execute a conservation agreement
with the county to sustain agriculture in Districts in accordance with Article VII of this
ordinance. Said agreement shall be in a form that is reviewed and approved by the
Advisory Board.
B. Education
The county may take such action, as it deems appropriate, through the Advisory Board or other
entities or individuals to encourage the formation of the Districts and to further their purposes
and objectives including the implementation of a public information program to reasonably
inform landowners of the agricultural district program.
ARTICLE VII
CERTIFICATION AND QUALIFICATION OF FARMLAND
A. Requirements
In order for farmland to qualify for inclusion in a Voluntary or Enhanced Voluntary Agricultural
District property, it must be real property that meets the following requirements:
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1. Is used for bona fide farm purposes, as that term is defined in G.S. 106-743.4(a)
and G.S. 160D-903.
2. Be managed, if highly erodible land exists on the farm, in accordance with the
Natural Resources Conservation Service defined erosion-control practices that are
addressed to said highly erodible land.
3. The property is the subject of a conservation agreement as defined in G.S. 121-35
between the county and the owner of such land that prohibits nonfarm use or
development of such land for a period of at least ten (10) years, except for the
creation of not more than three (3) lots that meet applicable municipal and county
zoning and subdivision regulations. The form of the conservation agreement shall
be approved by the agricultural advisory board created under G.S. 106-739.
ARTICLE VIII
APPLICATION, APPROVAL, AND APPEAL PROCEDURE
A. Application Procedure
1. A landowner may apply to participate in the Voluntary Agricultural District and/or
Enhanced Voluntary Agricultural District Program by submitting an application to
the Person County Soil and Water Conservation District office. The application
shall be on forms provided by the Person County Soil and Water Conservation
District office and approved by the Advisory Board.
2. A Conservation Agreement, required by G.S. 106-737 and G.S. 106-743.3, and
defined in G.S. 121-35, suited to district type, Voluntary Agricultural District or
Enhanced Voluntary Agricultural District, as designated by the landowner(s) to
sustain, encourage, and promote agriculture must be executed by the
landowner(s) with the Advisory Board. The Conservation Agreement for the
Enhanced Voluntary Agricultural District shall be recorded with the Person County
Register of Deeds Office as required under G.S. 121-41 (c).
B. Approval Process
Upon receipt of an application, the Person County Soil and Water Conservation District office
will forward applications and any supporting documentation to the members of the Advisory
Board and all ex officio members for their evaluation.
Advisory Board shall meet within ninety (90) days of receipt of a completed application to
determine if the application meets the minimum requirements established by this ordinance.
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The chairperson shall notify the applicant by first class mail of approval or disapproval within
fifteen (15) days.
C. Appeal
If the Advisory Board determines an application does not meet the requirements of this
ordinance, the applicant shall have sixty (60) days to appeal the decision to the Board of
Commissioners. Such appeal shall be submitted in writing to the Clerk to the Board of
Commissioners. The decision of the Board of Commissioners is final.
ARTICLE IX
NOTIFICATION
A. Public Awareness
Upon approval of a Voluntary Agricultural District and/or Enhanced Voluntary Agricultural
District (Districts), the Person County Soil and Water Conservation District office shall provide
notification of said District to the following:
Notification shall be mailed to the property owner/applicant by first class mail.
The Person County GIS Department shall maintain maps of approved Districts within the
Person County Geographic Information Mapping System Database as well as an overlay
for all tracts located within one-half (1/2) mile of the property line of any tract of land
enrolled in a voluntary agricultural district.
The mapping information shall provide notice reasonably calculated to alert a person
researching the title of a particular tract that such tract is located within one half mile of
an agricultural district. This mapping information may be viewed by accessing the
Person County GIS website.
Notice of these methods of District notification and identification shall be included in all
Person County Voluntary Agricultural District Program information brochures made
available to the public by Person Soil and Water Conservation District, Person County
Cooperative Extension, Person County Planning and Zoning Department, and others.
B. Signage
Person County may place signs identifying approved Agricultural Districts along major roads
that pass through or next to those districts. Members of the Agricultural Districts have the
privilege of posting signs on their individual farms denoting their Agricultural District
membership. Signs must be placed on the landowner’s property outside of any right-of-ways or
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easements and shall conform to Chapter XII, Sign Regulations, of the Person County Zoning
Ordinance.
C. Maps
Maps identifying approved agricultural districts shall be updated at least twice each year and
shall be made available through the Person County GIS Department.
D. Exclusion of Liability
1. In no event shall the County or any of its officers, employees, members of the
Advisory Board, or agents be held liable in damages for any misfeasance,
malfeasance, or nonfeasance occurring in good faith in connection with the duties
or obligations imposed by this ordinance.
2. In no event shall any cause of action arise out of the failure of a person researching
the title of a particular tract to report to any person the proximity of the tract to a
qualifying farm or Voluntary Agricultural District or Enhanced Voluntary District as
defined in this Ordinance.
ARTICLE X
REVOCATION AND ENFORCEMENT, TRANSFER OF LAND, AND
RENEWAL OF CONSERVATION AGREEMENTS
A. Revocation and Enforcement
1. By providing written notice to the Advisory Board, a landowner of qualifying
farmland may revoke his/her participation in the Voluntary Agricultural District
Program formulated pursuant to Article VIII of this ordinance, or the Advisory
Board may revoke the same participation based on noncompliance by the
landowner. Such revocation shall result in loss of qualifying farm status and loss of
eligibility to participate in a district. The county will remove the tract from the
public record of the program within sixty (60) days.
2. Conservation Agreements for land within Enhanced Districts are IRREVOCABLE for
a period of 10 years. At the end of the term, a notice of revocation shall be
recorded in the Register of Deeds Office sufficient to provide notice that the land
has been withdrawn from the Enhanced Voluntary Agricultural District program if
the agreement is not automatically renewed, or renewed voluntary by the
landowner(s).
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B. Transfer of Land
1. Transfers of land in a Voluntary Agricultural District due to death of the landowner,
sale, or gift shall not revoke the Conservation Agreement unless the land no longer
meets the requirements contained in Article VII. Enforcement of the terms of a
Conservation Agreement for land enrolled in a Voluntary Agricultural District shall
be limited to revocation of the Conservation Agreement and the benefits derived
therefrom.
2. Transfers of land in an Enhanced Voluntary District due to death of the
landowner(s), sale, or gift shall not revoke the Conservation Agreement. The
Conservation Agreement for the Enhanced Voluntary Agricultural District shall be
binding upon all successors in interest to the landowner, except for successors in
interest resulting from the exercise of rights under a security interest or lien that
preceded the Conservation Agreement.
C. Renewal of Conservation Agreements
1. A Conservation Agreement for land within a Voluntary Agricultural District shall
automatically renew for subsequent ten (10) year terms unless either the
landowner or the Advisory Board provides written notice prior to the expiration of
the conservation agreement.
2. A Conservation Agreement for land within an Enhanced Voluntary Agricultural
District shall be deemed automatically renewed for an additional term of three (3)
years, unless either the Advisory Board or the landowner provides written notice
prior to the expiration of the Conservation Agreement. At the end of the three (3)
year term, the Conservation Agreement for land within an Enhanced Voluntary
Agricultural District will expire and the county will remove the tract from the
public record of the program within sixty (60) days. At such time, landowners
wishing to continue in the program will need to re-apply.
ARTICLE XI
WAIVER OF WATER AND SEWER OR ALL UTILITY ASSESSMENTS
A. No Connection Required
1. A landowner belonging to a District shall not be required to connect to Person
County water and/or sewer systems.
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2. A landowner belonging to an Enhanced District shall not be required to connect to
Person County utility systems.
B. Abeyance
1. Water and sewer assessments shall be held in abeyance, without interest, for
farms in a District, until improvements on such property are connected to the
water or sewer system for which the assessment was made.
2. Utility assessments shall be held in abeyance, without interest, for farms in an
Enhanced District, until improvements on such property are connected to the
utility system for which the assessment was made.
C. Termination of Abeyance
When the period of abeyance ends, the assessment is payable in accordance with the terms set
out in the assessment resolution.
D. Suspension of Statute of Limitations
Statutes of limitations are suspended during the time that any assessment is held in abeyance
without interest. The landowner shall be required to sign an acknowledgement, which shall be
incorporated into the Conservation Agreement, of the abeyance of the statute of limitations upon
collecting water and sewer assessments, or other utility assessments.
E. Other Statutory Abeyance Procedures
Nothing in this section is intended to diminish the authority of the County to hold assessments in
abeyance under G.S. 153A-201, or other applicable law.
F. Conflict with Water and/or Sewer System Construction and Improvements Grants
To the extent that this section conflicts with the terms of federal, state, or other grants under
which county utility systems are constructed this section shall not apply. This section shall not
apply to utilities that are not owned by the County unless the County has entered into an
agreement with the entity(ies) owning the utilities and that agreement provides that this
Ordinance shall apply.
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ARTICLE XII
ADDITIONAL ENHANCED AGRICULTURAL DISTRICT BENEFITS
Land enrolled in the Enhanced Voluntary Agricultural District program is entitled to all of the
benefits available under the Voluntary Agricultural District program, and to the following
additional benefits under this Article:
A. Sale of Non-farm Products
Landowners participating in Enhanced Districts may receive up to twenty-five percent of gross
sales from the sale of nonfarm products and still qualify as a bona fide farm that is exempt from
county zoning regulations under G.S. 153A-340(b). For purposes of G.S. 153A-340(b), the
production of any nonfarm product that the Department of Agriculture and Consumer Services
recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm that is
subject to a Conservation Agreement under G.S. 106-743.2 is a bona fide farm purpose. A farmer
seeking to benefit from this subsection shall have the burden of establishing that the property's
sale of nonfarm products did not exceed twenty-five percent of its gross sales. A county may
adopt an ordinance pursuant to this section that sets forth the standards necessary for proof of
compliance.
B. Agricultural Cost Share Program
Landowners participating in Enhanced Districts are eligible under G.S. 106-850 (b) to receive the
higher percentage of cost-share funds for the benefit of that farmland under the Agriculture
Cost Share Program established pursuant to Chapter 106, Article 72, of the North Carolina
General Statutes.
C. Priority Consideration
State departments, institutions, or agencies that award grants to farmers are encouraged to
give priority consideration to landowners participating in Enhanced Districts.
D. Utility Assessment Waiver
As provided in Article XI, waiver of all county utility assessments, in addition to waiver of water
and sewer assessments, is available to all participants in Enhanced Districts.
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ARTICLE XIII
PUBLIC HEARINGS ON CONDEMNATION OF FARMLAND
A. Purpose
Pursuant to G.S. 106-740, no State or local public agency or governmental unit may formally
initiate any action to condemn any interest in qualifying farmland within a District until such
agency or unit has requested the Advisory Board to hold a public hearing on the proposed
condemnation.
B. Procedure
Upon receiving a request to hold a hearing on the proposed condemnation, the Advisory Board
shall have thirty (30) days after receiving a request under this section to hold the public hearing
and submit its written findings and recommendations to the agency.
The Advisory Board shall meet to review:
1. Whether the need for the project has been satisfactorily established by the agency or
unit of government involved, including a review of any fiscal impact analysis conducted
by the agency involved.
2. Whether there are alternatives to the proposed action that have less impact and are
less disruptive to the agricultural activities of the District within which the proposed
action is to take place.
3. The Advisory Board shall consult with the Soil and Water Conservation District Office,
Cooperative Extension Agricultural Agent(s), Natural Resources Conservation Service
District Conservationist, and any other individuals, agencies, or organizations deemed by
the Advisory Board to be necessary for its review of the proposed action. Land value
will not be a factor in the selection between properties under consideration for the
proposed action.
4. The Advisory Board shall make a report containing its findings and recommendations
regarding the proposed action. The report shall be made available to the public for
comment prior to its being conveyed to the decision-making body of the agency
proposing the acquisition by condemnation.
5. There will be a period of ten (10) days allowed for public comment on the report of the
Advisory Board.
6. After the ten (10) day period for public comment has expired, the Advisory Board shall
submit a final report containing all of its findings and recommendations regarding the
proposed action to the decision making body of the agency proposing the acquisition by
condemnation.
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7. The total time, from the day that a request for a hearing has been received to the day
that a final report is issued to the decision making body of the agency proposing the
acquisition shall not exceed thirty (30) days. If the agency agrees to an extension, the
agency and the Advisory Board shall mutually agree upon a schedule to be set forth in
writing and made available to the public.
The State, local government agency or governmental unit proposing to acquire property by
condemnation may not formally initiate condemnation action while the proposed
condemnation is properly before the Advisory Board.
The Board of Commissioners shall condemn farmland within an Agriculture District only as a
“last resort” if it is considering condemnation for County purposes.
ARTICLE XIV
SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVIEW
Developers of major subdivisions, apartment complexes or planned unit developments shall
designate on preliminary development plans, the existence of any and all Agricultural Districts
within ½ aerial mile of the proposed development.
ARTICLE XV
COUNTY LAND-USE PLANNING
A. Duty of the Advisory Board
It shall be the duty of the Advisory Board to advise the Board of Commissioners or the agency
or office to which the Board of Commissioners has delegated the authority to oversee county
land-use planning, on the status, progress, and activities of the county's agricultural district
program and to also coordinate the formation and maintenance of agricultural districts with the
county's land-use planning activities and the county's land-use plan if one currently exists at the
time this is enacted or when one is formed.
B. Posting of Notice
The following notice of a size and form suitable for posting shall be posted in the Soil and Water
Conservation District office and any other office or agency the Advisory Board deems
necessary:
Person County has established Agricultural Districts to protect and preserve
agricultural lands and activities. These districts have been developed and
mapped by the county to inform all purchasers of real property that certain
agricultural and forestry activities, including but not limited to pesticide spraying,
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manure spreading, machinery and truck operation, livestock operations, sawing,
prescribed burning, and other common farming activities may occur in these
districts any time during the day or night. Maps and information on the location
and establishment of these districts can be viewed from Person County GIS
Department Mapping.
C. Growth Corridors
At such time as the county might establish designated growth corridors, agricultural districts
shall not be permitted in the designated growth corridors as delineated on the official county
planning map without the approval of the Board of Commissioners. Districts located in growth
corridors designated after the effective date of this program may remain, but shall not be
expanded within the growth corridor area without the approval of the Board of Commissioners.
ARTICLE XVI
CONSULTATION AUTHORITY
The Advisory Board may consult with the Person Soil and Water Conservation District, the
North Carolina Cooperative Extension, the Natural Resources Conservation Service, the North
Carolina Department of Agriculture and Consumer Services, and with any other individual,
agency, or organization the Advisory Board deems necessary to properly conduct its business.
ARTICLE XVII
NORTH CAROLINA AGENCY NOTIFICATION
At least annually, the Person County Soil and Water Conservation District office shall submit a
written report to the Office of the Commissioner of Agriculture and Consumer Services on the
County's agricultural district programs, including the following information:
Number of landowners enrolled
Number of acres enrolled
Number of acres certified during the reporting period
Number of acres denied during the reporting period
Number of acres for which applications are pending
Copies of any amendments to this Ordinance
Any other information the Advisory Board deems useful
A copy of this report shall also be provided to the Board of Commissioners.
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ARTICLE XVIII
AGRICULTURAL CONSERVATION EASEMENT PROGRAM
A. Purpose
The preservation of the County’s best agricultural land in a manner that directs and
accommodates growth and development is a high priority to the residents of the County. To this
end the County establishes the following goals:
1. To permanently protect and conserve those soils in the County best suited to
agricultural uses;
2. To identify and harmonize policies of government at all levels which may conflict
with the goal of protection of farmland;
3. To reduce land use conflicts between agricultural and other land uses; and
4. To promote agriculture as an integral part of the County’s economy.
B. Duties and Responsibilities of the Advisory Board
The Advisory Board and Farmland Preservation Coordinator shall administer the Agricultural
Conservation Easement Program within the farmland preservation program. The Person Soil
and Water Conservation District shall make recommendations to the Advisory Board on the
selection of properties for purchase and/or donation of conservation easements. Subject to the
availability of local, state, and federal funding, the Person Soil and Water Conservation District,
with assistance from a private nonprofit conservation organization, may acquire or support the
acquisition of conservation easements consistent with this ordinance.
ARTICLE XIX
PURCHASE AND DONATION OF CONSERVATION EASEMENTS
A. General
1. Conservation easements sold or donated to the County shall be granted in favor of Person
County.
2. Subject to the availability of funds, the Person Soil and Water Conservation District may
purchase conservation easements in agricultural and/or forestry lands.
2. The Person Soil and Water Conservation District may also accept a voluntary donation of
a conservation easement or work with third-party partners to facilitate these donations.
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B. Description
The purchase or donation of a conservation easements is legally binding, restricting the owner
and future owners to agricultural and/or forestry use of the land. cThe conservation easements
will be sold or donated to Person County shall be held heldfor the public benefit by the County,
shall in public trust by Person Soil and Water Conservation District or a qualified conservation
organization or public body. Conservation easements will be in perpetuity, and shall be in
compliance with the North Carolina Conservation and Historic Preservation Agreements Act
and applicable federal and state tax laws.
C. Additional Authority
Person Soil and Water Conservation District actings as a department of Person County, is
hereby authorized:
1. To apply for conservation easement grant funding on behalf of the County, including
using Person County’s tax ID, Unique Entity ID, and DUNs number; and
2.. To enter into cooperative agreements with the Working Lands Trust (“WLT”), United
States Department of Agriculture Natural Resource Conservation Service (“USDA
NRCS”), North Carolina Department of Agriculture and Consumer Sciences Agricultural
Development & Farmland Preservation Trust Fund (“NCDA&CS ADFP”), and/or other
agencies to facilitate easement purchases.
Further, the Person Soil and Water Conservation District Director, or designee, is authorized to
execute conservation easement grant applications on behalf of the County.
D. Application Procedure
1. An application for the purchase or donation of a conservation easement must be
submitted to the Farmland Preservation Coordinator, or designee. Guidance documents
for purchasing or donating conservation easements are housed at the Person Soil and
Water Conservation District office.
2. Upon contact by a landowner, a meeting will be set with the Farmland Preservation
Coordinator and a member of the Advisory Board, or its designee, to discuss the
purchase or donation of a conservation easement.
E. Review and Ranking of Application
All applications will be ranked by the Farmland Preservation Coordinator or their designee. The
Farmland Preservation Coordinator will rank each of the applications using a farmland
preservation ranking system approved by the Agricultural Advisory Board. After the application
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has been ranked, the Person Soil and Water Conservation District will prioritize applications and
make recommendations to the Advisory Board, which shall make final decisions on the
purchase and donation of conservation easements. The purchase of conservation easements is
subject to the availability of funding.
ARTICLE XX
BASELINE DOCUMENTATION AND MONITORING
A. Baseline Documentation Purpose
This policy establishes the procedure for the collection, compilation, and storage of baseline
documentation for conservation easements managed by Person Soil and Water Conservation
District. The Person Soil and Water Conservation District must have baseline documentation for
all properties it protects. This information establishes the condition of a property at the time of
acquisition, allowing comparisons with findings during subsequent monitoring events. Such
information is also required by the IRS for landowners seeking a federal income tax deduction
for conservation easement donations. The Person Soil and Water Conservation District, or their
designee or agent, will collect this information for the conservation easement donor. Baseline
documentation is important in defending conservation properties from threats, including
conservation easement violations. The baseline documentation may be relied upon during
litigation to establish the condition of a property prior to a conservation easement violation.
The Person Soil and Water Conservation District, or their designee, will collect and store all
baseline documentation for conservation easements in a manner that maximizes effectiveness
for enforcement purposes.
B. Baseline Data Collection
The volume and specificity of the information included in the baseline documentation report
may vary depending on the terms of the easement and the conservation objectives for the
property. It is the Person Soil and Water Conservation District’s policy that baseline data will be
collected by staff, or their designee.
Baseline data collected during a site visit will generally include:
1. Boundary photos, photos of special features, and photos of structures and other
improvements and or human modifications;
2. Global Positioning System (GPS) data and locations on a map of each photo, special
feature, structure, and other improvements;
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3. Other natural resource information documenting the conservation values of the site
such as soil maps, land cover data, natural community descriptions, ecological data,
and other relevant agricultural or forestry information.
A copy of the baseline documentation report shall be kept on file with the easement grantee
and must be reviewed by the landowner prior to closing.
C. Monitoring Purpose
To protect conservation values and maintain safety on its fee simple properties, Person Soil and
Water Conservation District or their designee or agent will conduct regular monitoring and
maintain detailed records of inspections, problems on the property and actions taken to
address such problems.
1. Monitoring personnel. Overall supervision of monitoring is the responsibility of the
grantee but will be coordinated with the Farmland Preservation Coordinator.
2. Monitoring procedure. Comprehensive monitoring shall be performed at least
annually, with additional monitoring visits and reports to be generated as needed.
ARTICLE XXII
FARMLAND PRESERVATION RANKING SYSTEM
The farmland preservation ranking system will be used to rank, or prioritize, applications
received from landowners seeking sale or donation of their conservation easements. The
system can be used for evaluating conversion impact. The Advisory Board is responsible for
developing and adopting a system to rank and evaluate projects.
ARTICLE XXVIIIII
LEGAL PROVISIONS
A. Severability
If any article, section, subsection, clause, phrase, or portion of this is for any reason found
invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect
the validity of the remaining portions of this Ordinance.
B. Conflict with other ordinances and statutes
Whenever the provisions of this Ordinance conflict with other ordinances of Person County, this
Ordinance shall govern. Whenever the provisions of any federal or state statute require more
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restrictive provisions than are required by this Ordinance, the provisions of such statute shall
govern.
C. Amendments
This Ordinance may be amended from time to time by the Board of Commissioners.
D. Notice
A copy of this ordinance, once adopted, shall be recorded with the N.C. Department of
Agriculture and Consumer Services.
ARTICLE XXIIIIXV
ENACTMENTEFFECTIVE DATE
This ordinance shall become effective on its adoption by Tthe Person County Board of
Commissioners. hereby adopts and enacts the preceding articles and sections of this
Ordinance. By adoption of this ordinance, the PERSON COUNTY VOLUNTARY AGRICULTURAL
DISTRICT ORDINANCE adopted on February 7, 2011 is hereby repealed in its entirety.
ADOPTED THIS THE 17TH DAY OF OCTOBER, 2022.
REVISED THIS 19TH DAY OF AUGUST, 2024.
Adopted this the _____ day of ___________________, 20___.
______________________________________________
Gordon Powell, Chairperson Date
Person County Board of Commissioners
ATTEST:
__________________________________
Michele Solomon
Clerk to Board of Commissioners
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AGENDA ABSTRACT
Meeting Date: August 19, 2024
Agenda Title: ALS360 (Fire Component) and Budget Process for the Fire Tax District
Summary of Information: On July 15, 2024, the Board of Commissioners approved the use of
$80,562 in funding budgeted within the FY25 Fire Tax District budget to implement the Fire
component of the ALS360 program. Following that meeting, the Person County Fire Chiefs
Association expressed concern about the use of Fire Tax District dollars to fund the AED and
LUCAS devices for first responders who provide emergency medical care as a part of the Person
County EMS System plan.
Emergency Services Director Thom Schwalenberg and County Manager Katherine Cathey are
scheduled to attend the August 15 Chiefs Association Meeting to review the proposal with the
fire chiefs and receive their feedback as well as discuss expectations for budgeting Fire Tax
District funds in the future.
Recommended Action: Discuss and provide direction to staff.
Submitted By: Thom Schwalenberg, Emergency Services Director and Katherine Cathey,
County Manager
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AGENDA ABSTRACT
Meeting Date: August 19, 2024
Agenda Title: Human Services Board Orientation
Summary of Information: A continuation of the board’s orientation to the roles and
responsibilities of the Human Services Board with an update from CCR Consulting, and training
that covers Medicaid and Food and Nutrition Services.
Recommended Action: Receive presentation and training.
Submitted By: Brian D. Hart, Assistant County Manager/Human Services Director
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