12-02-2024 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
December 2, 2024
5:30 p.m.
This meeting will convene in the County Office Building Auditorium.
CALL TO ORDER…………………………………………………. Chairman Powell
INVOCATION
PLEDGE OF ALLEGIANCE
ITEM #1 (pg.4)
Proclamation Honoring Dr. Ben Tillett………………………….. Chairman Powell
ITEM #2 (pgs.5-92)
Approval of Minutes of November 13, 2024, November 18, 2024
and November 25, 2024……………………………………………. Chairman Powell
ITEM #3
Recognition of Outgoing Commissioners ……………… Commissioner Kyle Puryear
Recognition of Charlie Palmer
Recognition of Derrick Sims
Recognition of Gordon Powell
Presiding Over the Board …………………………County Attorney, T.C. Morphis, Jr.
ITEM #4
Swearing-In Ceremony ……………………………… The Honorable Deborah Barker
Administer the Oath of Office for Commissioners Elect
Commissioner Elect Sherry Wilborn
Commissioner Elect Tracy Ellixson
Commissioner Elect Antoinetta Royster
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ITEM #5
Organization of the Board
Election of Chair ………………………… County Attorney, T.C. Morphis, Jr.
Election of Vice-Chair …………………... Newly Elected Chair
ITEM #6 (pg.93)
Approval of Bonds……………………………… County Attorney, T.C. Morphis, Jr.
The Finance Director
The Register of Deeds
The Sheriff
The Tax Administrator
Brief Recess………………………………………………. Newly Elected Chair
Reconvene Meeting……………………………………….. Newly Elected Chair
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
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.
ITEM #7
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A. Budget Amendment #11 (pg.94)
NEW BUSINESS:
ITEM #8 (pgs.95-104)
ADFP Agricultural Plans Grant…………………………….. Nancy McCormick
ITEM #9 (pg.105)
Human Services Board Orientation………………………….. CCR Consultants
ITEM #10 (pgs.106-107)
America 250 NC Committee …………………………………...Brian Hart
ITEM #11 (pgs.108-123)
Lease and Agency Agreement-CHATT……………………… Katherine Cathey
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ITEM #12 (pgs.124-126)
Resolution Adopting the Board of Commissioners Schedule
of Meetings for 2025 …………………………………………… Michele Solomon
ITEM #13 (pgs.127-128)
FY 2025-2026 Budget Calendar………………………………… Tracy Clayton
CHAIR’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
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 Person County Sheriff Jason Wilborn.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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PROCLAMATION
Honoring Dr. Ben Tillett
WHEREAS, the Person County Board of Commissioners wishes to acknowledge and express its sincere
appreciation to Dr. Ben Tillett for his service to Person County and his many significant contributions to
public health locally, statewide, and nationally; and
WHEREAS, Dr. Tillett received the 2024 President’s Award from the Association of North Carolina
Boards of Health during its annual meeting on November 14, 2024; and
WHEREAS, Dr. Tillett first served on the Person County Board of Health in 1988 and has served as a
board member for a total of 34 years; and
WHEREAS, Dr. Tillett has demonstrated outstanding leadership and integrity and has made significant
contributions to public health through his dedication to and advocacy for public health locally, statewide and
nationally; and
WHEREAS, Dr. Tillett has put forth substantial effort toward improving public health, continuously
seeking to make Person County a better place for all to live, work and play; and
WHEREAS, it is right and fitting to show appreciation when one has rendered such valuable civic and
community service;
NOW, THEREFORE, I, Gordon Powell, Chairman of the Person County Board of Commissioners, do
hereby recognize Dr. Ben Tillett for his exemplary service to Person County and the field of public health
and express deep gratitude for the contributions he has made to our community.
IN WITNESS WHEREOF, I have hereunto set my hand and caused this seal of Person County to be
affixed this 2nd day of December in the year 2024.
Gordon Powell, Chairman
Person County Board of Commissioners
ATTEST:
Michele Solomon,
Clerk to the Board
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November 13, 2024
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PERSON COUNTY BOARD OF COMMISSIONERS November 13, 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
special session on Wednesday November 13, 2024 at 9:00 a.m. in the Commissioners’
Boardroom 215 in the Person County Office Building located at 304 S. Morgan Street,
Roxboro, NC.
The purpose of the special meeting was for a work session related to the possible
adoption of the Person County Unified Development Ordinance (UDO), and to obtain
feedback from the public.
Chairman Powell called the meeting to order.
County Attorney T.C. Morphis advised that this work session is a continuation of
the Public Hearing that was held on October 7, 2024. He explained that the Board could
adopt the UDO today if they choose to do so, or if they make substantial changes, it would
be required to go back to the Planning Board. County Manager Katherine Cathey stated that
if the UDO is approved today, the Board could set the effective date as a future date.
The following individuals appeared before the Board to speak in reference to the
proposed adoption of the Person County Unified Development Ordinance (UDO).
Joe Berryhill of 705 Berryhill Road, Roxboro stated that he had concerns about the
180-day time frame set for RV tenants. He stated that he would like to see this time frame
waived and removed from the UDO. He stated that he also had concerns about the 500-
foot property line mentioned for RVs, and stated that one section of the UDO referenced
50-foot, which he is fine with.
Gary Garrett of 1977 Bowmantown Road, Roxboro stated that there is an
increasing need for RV Parks in Person County. He stated that he is not in favor of the
180-day rule for RV tenants having to move.
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Cal Berryhill of 705 Berryhill Road, Roxboro stated that he is in agreement with a
50-foot buffer, not 500-foot for RV sites. He had concerns about the site size of an RV,
and questioned where the 2,500 square foot measurement comes from, is it the pad or lot
size. He stated that at his park his sites are 40 x70, and include the parking. He stated that
you typically have two types of campers, the vacationers, and those that are workers. He
stated that his park is mostly workers. He stated that he does not want RVs to be a
permanent residence, however the 180-day timeframe is not doable, especially for those
that are there working construction jobs. He stated that rule should be left up to the
property owner. He stated in reference to the lighting issue in the UDO, most tenants do
not want it. He stated that in his park, there is a rule about habitual barking.
Claudia Berryhill of 279 Knolls of Hyco, Roxboro stated that she had concerns
related to short-term rentals and the effect it would have on tourism and revenues. She
stated that the Tourism Development Authority (TDA) Board was not consulted. She
stated that short-term rentals represent a huge percent of revenues, and without them, there
would be a substantial loss of funds. She pointed out that anyone staying over ninety days
does not pay occupancy tax.
Jay Poindexter of 9195 McGhees Mill Road, Semora stated he had concerns
related to how the UDO defines minor and major subdivisions. He stated he is not in favor
of the 180-day rule for RV parks and also stated issues with short-term rentals and
Airbnb’s.
Julie Maybee of 1037 Younger Road, Roxboro expressed thanks to the outgoing
Board members. She stated that the UDO is a living, breathing document. She voiced
concerns related to cabins in RV parks, short-term rentals, and Airbnb’s.
The Board discussed several options and made a list of recommended changes to
the UDO. It was the consensus of the Board for the County Attorney and County
Manager to draft a memo to present to the Planning Board with the Boards’ recommended
changes.
ADJOURNMENT:
A motion was made by Commissioner Palmer and carried 5-0 to adjourn the
meeting at 10:59 a.m.
____________________________ ______________________________
Michele Solomon Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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November 18, 2024
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PERSON COUNTY BOARD OF COMMISSIONERS November 18, 2024
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Katherine M. Cathey, County Manager
C. Derrick Sims Michele Solomon, Clerk to the Board-ABSENT
Kyle W. Puryear Brady Herman, County Attorney
Charlie Palmer
Jason Thomas
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday November 18, 2024 at 9:00 a.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. Chairman Powell 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 Palmer and carried 5-0 to approve the
agenda with the addition of Closed Session #1 to consult with the county attorney to
preserve the attorney-client privilege.
INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Liz Bradsher of 976 Estate Road, Semora stated that she has concerns about the
Sheriff’s request for a DEA Homeland Security Task Force Officer (TFO). She stated that
the cost for this is approximately $160K. She stated that she believes this position is not
needed. She stated that the DEA already has a TFO who works with the Person County
Sheriff’s Office. She stated that she contacted the DEA agency in Raleigh, and they
indicated that TFOs work with local jurisdictions using DEA resources and funding. She
stated that her concern is why at the local level, are taxpayers having to fund this position
when it is already funded by the federal government. She requested that this item on the
agenda today be tabled for further discussion.
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DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Palmer and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of October 31, 2024,
B. Approval of Minutes of November 4, 2024,
C. Budget Amendment #10,
D. Resolution Amending the Board of Commissioners’ 2024 Meeting Schedule,
E. Resolution Exempting Various Projects from G.S. 143-64.31,
F. SUP-04-24 – “Written Decision Approving Special Use Permit Application” (i.e.
Written Order) following Special Use Permit approval for the Garrett Recreational
Vehicle Park, and
G. Tax Adjustments for November 2024
a. Tax Releases
b. NC Vehicle Tax System Pending Refunds
NEW BUSINESS:
PRESENTATION OF THE ANNUAL COMPREHENSIVE FINANCIAL REPORT
FOR FISCAL YEAR ENDING JUNE 30, 2024
Interim Chief Financial Officer Tracy Clayton introduced Alan Thompson, a
representative from Thompson, Price, Scott, Adams & Co, P.A., the accounting firm that
completed the annual county audit. Mr. Thompson stated that county finances are good from
an audit standpoint. He presented the following audit results to the Board.
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A motion was made by Vice-Chairman Sims and carried 5-0 to accept the annual
comprehensive financial report for FY24.
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BENEFITS CONSULTING AND BROKER SERVICES
Human Resources Director Sonya Carver provided a brief over view of the current
benefits with Mark III and explained the RFP process.
Chris Pierce with the Pierce Group presented the following:
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Together we
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can do more.
Wes Grigston with Gallagher presented the following:
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Mark Browder with Mark III presented the following:
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It was the consensus of the Board to table this item to November 25, 2024 at 9:00
a.m.
PERSON COUNTY/CITY OF ROXBORO CONTINUITY OF OPERATIONS PLAN
(COOP)
Emergency Services Director Thomas Schwalenberg provided a brief overview of
the COOP as presented to the Board on November 4, 2024. He stated that a governmental
Continuity of Operations Plan (COOP) is a plan that ensures that local government
functions are maintained during emergencies. These plans are developed by individual
agencies and departments to ensure that they can continue to operate during a variety of
emergencies. He stated that this is a living document that is For Official Use Only, will be
housed on the county’s intranet, and will be reviewed and updated annually. He stated that
COOP exercises will be scheduled to test the plan and ensure government leaders and
employees stay familiar with the plan. He stated that a Corrective Action Plan document
has been included to capture areas of improvement during exercises or any time the plan is
activated.
A motion was made by Commissioner Palmer and carried 5-0 to adopt the Person
County/City of Roxboro Continuity of Operations Plan (COOP).
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911 BOARD GRANT ACCEPTANCE-RADIO CONSOLE
REPLACEMENT/DEPARTMENT OF EMERGENCY SERVICES
Emergency Services Director Thomas Schwalenberg stated that the Person County
Department of Emergency Services – Division of Emergency Communications applied for
and received a grant award from the North Carolina 911 Board for $255,740.57 for a
Console Radio Replacement Project. He stated that this grant funding was sought
after to replace radio consoles within the Emergency Communications Center that have
reached the end of their service life and need to be replaced. He stated that the
replacement radio consoles will bring new technology and enhancements to make the
Emergency Communication Center more efficient and better prepared to handle
emergencies. He stated that this grant helps to supports two goals within the Person
County Strategic Plan. The first, Strategic Plan Goal 6.3 - Utilize facility feasibility
assessment to plan for current and future needs of the Emergency Services Department
(Emergency Services, General Services, Finance, Administration, IT), and the second,
Strategic Plan Goal 14.1 - Enhance the resiliency of the community by coordinating and
collaborating the emergency and disaster mitigation, preparedness, prevention, response
and recovery activities (Emergency Services). He stated that the Radio Console
Replacement Project is in the current approved Capital Improvement Plan (FY
2025-2029) project list for Fiscal Year 2026. He stated that the funding for this grant will
be used towards that project, thus lowering the county’s contribution to that CIP project.
He stated that the 911 Console Replacement project was initially estimated to cost
$1,435,000 with grant funding in the amount of $975,000. He stated, as a result of staff’s
working with the vendor (MCA) and the 911 Board to further define the project and
estimate costs, the total project cost is now projected to be $518,785 with grant funding
awarded in the amount of $255,740. He stated that updated revenue and expenditure
figures will be incorporated in the FY 2026-2030 CIP.
A motion was made by Commissioner Palmer and carried 5-0 to approve the
acceptance of the 911 Board Grant Funds for $255,740.57 to be used for the Emergency
Communications Radio Console Upgrade Project and authorize the County Manager to
submit the Letter of Intent and Grant Agreement to the NC 911 Board in order to receive
the grant funding.
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HOMELAND SECURITY TASKFORCE
Lt. Benjamin Massey with the Person Count Sheriff’s Office presented the
following:
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A motion was made by Commissioner Puryear and carried 5-0 to approve one full
time Special Assignment Deputy position to the Person County Sheriff’s Office effective
December 1, 2024, which will be assigned to the Homeland Security Investigation Task
Force, pending equitable sharing approval for funding in FY25.
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ARPA GRANT PROJECT ORDINANCE AMENDMENT
Interim Chief Financial Officer Tracy Clayton stated that she is submitting an
amendment to the ARPA Grant Project Ordinance, initially approved on June 20, 2022.
She stated that this amendment proposes utilizing the interest earned on ARPA funds to
support the General Fund, as permitted under ARPA regulations. She stated that the
update allows the County to reinvest accrued interest from ARPA allocations directly into
the General Fund, thereby enhancing the County’s fiscal resources for essential services.
She stated that this amendment provides flexibility to address operational needs without
impacting other revenue sources, supporting the County’s financial sustainability and
effective service delivery. She stated that this revised Grant Project Ordinance remains in
effect until December 31, 2026, or when all ARPA funds have been obligated and
expended by the County, whichever comes first.
A motion was made by Commissioner Thomas and carried 5-0 to adopt the
amended Grant Project Ordinance.
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AIRPORT TERMINAL STUDY RECOMMENDATION
County Manager Katherine Cathey presented the following:
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A motion was made by Commissioner Puryear and carried 5-0 to designate $2M
from ARP funds (previously designated for economic development) to fund a new airport
terminal.
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TIRE AND MATTRESS SHREDDER
Amanda Doss, Director of Person Industries and Person County Recycling Center
presented the following:
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A motion was made by Commissioner Puryear and carried 5-0 to use contingency
from the 2024 LOBs Fund, if needed, to complete electrical and building upgrades to prep
for the tire and mattress shredder.
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PCBIC STATUS REPORT
PCBIC President Phillip Allen provided an update to the Board on PCBIC’s status.
He stated that at the last PCBIC meeting in September, he created a committee that was
made up of PCBIC members, Scott McKinney, Marilyn Newell, Donald Long, and
himself, to review and make recommendations to the bylaws. He stated that the committee
met a few times and would be presenting the recommended changes to the PCBIC at their
scheduled meeting on November 19, 2024.
A motion was made by Chairman Powell and failed to carry 2-3 to dissolve the
EDC Board and for the PCBIC to operate as it is with its current members as a nonprofit.
Chairman Powell and Commissioner Palmer voted in favor of, while Vice-Chairman
Sims, and Commissioners Puryear and Thomas were opposed.
CHAIRMAN’S REPORT
Chairman Powell stated that the Veterans have had a couple of good, well -attended
events over the past few weeks. He stated that they are a good organization, doing a lot of
good work. He mentioned the Enterprise Fleet Management Program and its status. He
stated he had concerns on how this program is going, and that Enterprise has not lived up to
their responsibilities nor the County’s expectations. He stated that he is very disappointed
with Enterprise, and it is his recommendation that they come before the Board on November
25, 2024 to explain their situation and give an update. He stated that Person County history
is important. He stated that signage at the Courthouse and Paine’s Tavern are not reflecting
the correct information and history. He stated that he has reached out to the state, and they
advised the two signs are the responsibility of the County. He asked the County Manager to
investigate and bring back to the Board. He mentioned the need for a new school
maintenance facility. County Manager Cathey advised that it is her recommendation that
the school system submit this as a CIP request to be considered for funding through that
process.
MANAGER’S REPORT
County Manager Katherine Cathey stated that County offices will be closed on
November 28 and November 29, 2024 in observance of the Thanksgiving holiday. She
stated that the December 2, 2024 meeting is at 5:30 p.m. in the Person County Office
Building Auditorium. She stated that outgoing Board members will be recognized and new
Board members will be sworn in.
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COMMISSIONER REPORTS/COMMENTS
Vice-Chairman Sims stated that he attended the Duke Energy Air Permit Hearing
on November 12, 2024 at PCC, along with Chairman Powell, County Manager Cathey, Ray
Jeffers, and Beth Townsend. He stated that he does not plan on speaking at the next meeting,
as it is a time for celebration for new Board members. He congratulated the three newly
elected Commissioners and wished them the best. He expressed thanks to all who have
supported him and the Board over the past four years. He stated that it has been a pleasure
working with this Board. He mentioned a few major accomplishments by this Board, to
include, Moriah Energy Center, Country Club Road Closure, and Microsoft buying the
Mega Park. He expressed thanks to PCBIC, EDC, Phillip Allen, Brandy Lynch, BOC staff,
and County Attorney. He stated that one thing he will not miss about serving on this Board,
is the attacks and lies being spread and posted on social media about him and the Board.
Commissioner Palmer stated that it has been a pleasure to work with the County for
the past four years, and that he is content with everything that he did. He stated that he will
be watching, and he will be ready in 2026 if needed. He stated that he attended the Farm
City breakfast along with others in attendance from the County. He stated it was a well-
attended event.
Commissioner Puryear and Thomas had no report and stated that they both would
say their “good-byes” to outgoing Board members at the next meeting.
A motion was made by Commissioner Thomas and carried 5-0 to enter in to closed
session at 12:12 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 allowed to attend: County Manager Katherine
Cathey, and County Attorney Brady Herman.
Chairman Powell called the closed session to order at 12:14 p.m.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 12:22 p.m.
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RECESS:
A motion was made by Commissioner Puryear and carried 5-0 to recess the meeting
at 12:23 p.m. until Monday, November 25, 2024 at 9:00 a.m. in the Commissioners’
Boardroom 215 in the Person County Office Building located at 304 S. Morgan Street,
Roxboro, NC.
____________________________ ______________________________
Michele Solomon Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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PERSON COUNTY BOARD OF COMMISSIONERS November 25, 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
recessed session on Monday, November 25, 2024 at 9:00 a.m.in the Commissioners’
Boardroom 215 in the Person County Office Building located at 304 S. Morgan Street,
Roxboro, NC.
Chairman Powell called the recessed meeting to order. Commissioner Puryear
arrived to the meeting at 9:15 a.m.
County Manager Katherine Cathey advised that we are back in session today to
continue the discussion about Employee Benefits following presentations to the Board at
the November 18, 2024 meeting. Vice-Chairman Sims stated that the employees he has
spoken with are in favor of what Human Resources presented, to continue services with
Mark III. He stated that he would support staying with this same plan. Commissioner
Thomas stated that he has spoken to some employees and they are also in favor of staying
with Mark III. Human Resources Director Sonya Carver stated that she has not received any
negative feedback from employees, as well as no complaints about the current plan or with
Cigna. Chairman Powell stated that he had concerns related to cost savings. He stated that
it is about the employees and what they desire.
A motion was made by Vice-Chairman Sims and carried 4-0 to make no changes to
employee benefits and to continue with Mark III.
At the Board’s last meeting on November 18, 2024, Chairman Powell requested to
have Enterprise Fleet Management come today to provide an update on the program. Vice-
Chairman Sims asked if Enterprise was living up to their obligation with the County. County
Manager Katherine Cathey stated that vehicle orders were not placed early due to the budget
process with the approval of Enterprise effective July 1, 2024. She stated that moving
forward, vehicle orders would get placed earlier and the timeline would improve in the next
fiscal year. She stated that there has been better communication since the new account
manager started. She stated that the Sheriff’s Office has had a positive experience thus far
with the maintenance program. Capt. Mickey Rogers stated in the beginning there were
some issues, and now communication has opened up and identified problems. He stated that
he loves the maintenance platform with Enterprise.
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Chairman Powell stated that he is disappointed that the County ran into issues, and
feels that Enterprise did not communicate well with County employees. Enterprise Fleet
Management Area Manager Garrett Sears apologized for the communication issues and
advised that the County should experience a higher level of customer service moving
forward. General Services Director Ray Foushee stated that in the beginning there were
issues, and once Enterprise was notified, they corrected this immediately, and he feels good
about moving forward. Interim Chief Financial Officer Tracy Clayton stated that Finance is
currently reviewing DocuSign to approve vehicle orders, and that vehicles are not paid for
until delivery of vehicle. Chairman Powell expressed thanks to all who spoke and provided
an update on this program.
There was no action taken by the Board on this matter.
ADJOURNMENT:
A motion was made by Commissioner Palmer and carried 5-0 to adjourn the
meeting at 9:30 a.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: December 2, 2024
Agenda Title: Approval of Bonds of the Finance Director, the Register of Deeds, the Tax
Administrator and the Sheriff
Summary of Information: Chapters 161 (Register of Deeds) and 162 (Sheriff) of the North
Carolina General Statutes require the Board of County Commissioners to approve the official
bonds at the first meeting in December. The bonds are a continuation of existing bonds and were
secured by the Human Resources Director, who also serves as Insurance Liaison. The Human
Resources Director provided information that the Sheriff’s bond, in the amount of $25,000, is for
the length of his term and also confirmed the bonds of the Register of Deeds in the amount of
$50,000, the Tax Administrator in the amount of $100,000 and the Finance Director in the
amount of $1,000,000 (amount of each bond is dictated by legislature).
Recommended Action: Approve the bonds of the Finance Director, the Register of Deeds, the Tax
Administrator and the Sheriff.
Submitted By: T.C. Morphis, Jr., County Attorney
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12/2/2024
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 3,409
Economic & Physical Development 2,300
REVENUES General Fund
Other Revenues (42,808)
Transfer from Other Funds 316,960
Fund Balance Appropriation (268,443)
EXPENDITURES Airport Construction Project Fund
Transfer to Other Funds 48,517
REVENUES Airport Construction Project Fund
Fund Balance Appropriation 48,517
Explanation:
Account Number Account Description
$Revenues
incr. (decr.)
(cr.) dr.
$Expenditures
incr. (decr.)
dr. (cr.)
100-389890 Misc Revs: Insurance Proceeds 3,409
1004310-435300 Sheriff: Maint & Repair/Vehicles 3,409
10040-345370 Cooperative Extention-Donations 2,300
1004950-425700 Cooperative Extention-Supplies 2,300
10020-384868 Airport-Lease/Hangar (40,600)
10020-384870 Airport-Lease/FBO (7,917)
40090-399991 Airport Fund: Fund Balance Appropriation 48,517
4009821-401010 Airport Fund: Transfer to General Fund 48,517
10070-398040 General Fund: Transfer from Airport Fund 48,517
Totals 54,226 54,226
BUDGET AMENDMENT #11
Receive insurance claims for vehicle damages in the Sheriff's Office ($3,409); accept donations to
Cooperative Exension to support supply expenses ($2,300); and appropriating fund balance ($48,517) in the
Airport Fund to offset a decrease in airport revenues due to extended runway construction as approved by
The Board of Commissioners at their meeting on October 21, 2024.
BUDGET ADJUSTMENT DETAIL
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AGENDA ABSTRACT
Meeting Date: December 2, 2024
Agenda Title: ADFP Agricultural Plans Grant Application
Summary of Information: The ADFP Agricultural Plans Grant provides funding to support
agricultural plans and programs including Voluntary Agricultural Districts and Enhanced
Voluntary Agricultural Districts (VAD & EVAD) that promote farmland preservation and the
agricultural economy. The maximum grant amount is $8,500 with a 15% cash or in-kind match
required for Person County. Staff is requesting to apply for this grant for the full amount. It is
anticipated the match will be fully funded as in-kind through staff time. These grant funds will
assist in the revitalization and development of the VAD & EVAD programs by providing funding
for items such as new signage, updated brochures, farmer/landowner workshops, outreach and
publicity.
Recommended Action: Approve grant application for $8,500 and authorize County
Manager to accept funds, if awarded.
Submitted By: Nancy McCormick, Soil & Water Director
Agricultural Advisory Board Liaison
95
FARMLANDPRESERVATIONORDINANCEPROGRAMS GRANTPresented by Nancy McCormick, Soil & Water DirectorDecember 2, 202496
ORDINANCE HISTORYVoluntary Agricultural District Ordinance adopted February 7, 2011•Agricultural Advisory Board•Voluntary Agricultural District ProgramSenate Bill 605 passed July 1, 2021•All VAD ordinances no longer meet State requirementsFarmland Preservation Ordinance adopted October 17, 2022•Repealed original VAD ordinance•Established NEW •Agricultural Advisory Board•VAD program•Enhanced VAD programOrdinance amendment passed August 19, 2024•Added Agricultural Conservation Easement programGeorge “Bucky” Buchanan commissioned to create VAD sign97
Purpose•To reduce the loss of productive and existing farmland bypromoting agricultural values and the general welfare of thecounty•Increase identity and pride in the agricultural community and itsway of life•Encourage the economic and financial health of agriculture,horticulture, and forestry•Decrease the likelihood of legal disputes, such as nuisanceactions between farm owners and their neighbors•Encourage participation in voluntary programs98
Voluntary ProgramsPathway to Preservation•10 year conservation agreement•Automatically renewed•Can be removed at any time Voluntary Agricultural District (VAD)•IRREVOCABLE 10 year conservation agreement•Must reapply•Recorded with register of deedsEnhanced Voluntary Agricultural District (EVAD)•Development rights sold or donated•Conservation easement•Held in perpetuityAgricultural Conservation Easement99
VAD•Public awareness•Signage•Identified in GIS•Decrease likelihood of legal disputes •Water/Sewer assessments may be waivedEVADVAD benefits plus:•25% of gross sales from non-farm products and still qualify as a bona fide farm•90% cost share vs 75% in State cost share programs•Higher ranking through NCDA grants & priority consideration from other state agencies•Waiver of all county utility assessmentsEasement•Landowner retains ownership•NOT public land •Continue farming & forestry•Remain eligible for present use value property tax program•Purchase funds can:•Reduce debt•Allow expansion of operations•Helps to continue “Family Farms” and/or Century FarmsParticipant Benefits100
ADFP Agricultural Plans GrantAPPLICATION•Eligibility – Development of a VAD or EVAD program•Funding Purpose – To support county-level plans that promote farmland preservation and the agricultural economy (including VAD & EVAD)•Amount – up to $8,500 •Match – 15% cash or in-kind•Due Date – January 17, 2025FUNDING USES•New and replacement signs•Education and outreach event•VAD/EVAD website •VAD/EVAD GIS layer (must be shared with NC OneMap) •Direct mail outreach to boost enrollment •Creation of VAD/EVAD brochures and publicity items •Workshop for farmers, landowners, etc. to promote the VAD/EVAD program101
GoalsPrior Enrollment (6/2021)VAD•31,881.6 acres•177 farmsApproved Applications (to date)VAD•151.24 acres•2 farmsEVAD•42.91•1 farmApplications Received (as of 11/25/2024)VAD•3711.29 acres•31 farmsEVAD•2015.7 acres•13 farmsRe-enroll all past memberIncrease new member enrollment Expand EVADEasement educationFarm transition workshop102
QUESTIONSContact:Nancy McCormick, Soil & Water Directornmccormick@personcountync.gov103
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AGENDA ABSTRACT
Meeting Date: December 2, 2024
Agenda Title: Human Services Board Orientation
Summary of Information: CCR will provided an overview of the board’s roles and responsibilities
as the Human Services Board with particular attention given towards orienting the newly elected
board members.
Recommended Action: Receive presentation and training.
Submitted By: Brian D. Hart, Assistant County Manager/Human Services Director.
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AGENDA ABSTRACT
Meeting Date: December 2, 2024
Agenda Title: America 250 NC Committee
Summary of Information: In 2026, the United States will be commemorating the 250th anniversary of
the signing of the Declaration of Independence. America 250 NC, a program of the NC Department of
Natural and Cultural Resources, is partnering with local governments and nonprofits throughout North
Carolina to mark this anniversary. Many NC counties have formed official committees dedicated to
planning and organizing events, projects, and initiatives at the county level.
Having a committee unlocks the opportunity for resources from the State through the America 250 NC
office, most notably a county committee grant or a community program grant. The county committee
option has a maximum request/grant amount of $10,000 and restricts eligibility for local government
entities or counties with an official county committee. The community program option, for which the
maximum request amount is $30,000, considers counties and non-profit organizations as eligible
entities. The State will provide the committee with an official logo signifying the county’s alignment
with the State in the 250th commemoration.
Thus far, county management has identified and engaged with the following persons and/or
organizations about their interest in participating in the America 250 NC initiative:
Erin Hill, Director of Kirby Cultural Arts Complex
Kim Strickland, Person County Public Information Officer
Von Yeager, Person County Public Library Director
Person County Veterans Council
Person County Museum of History
Person County Tourism Development Authority
Sappony Tribe
Erin Hill is willing to lead the committee, which will fall under the umbrella of the Kirby Cultural Arts
Complex. County staff will support the committee’s efforts and help to identify and recruit a diverse group
of people to serve on the committee.
Recommended Action: Adopt the Resolution of Person County Recognizing and Supporting Person
County’s America 250 NC Committee and Program Initiative.
Submitted By: Brian Hart, Assistant County Manager
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Resolution of Person County
Recognizing and Approving the Person County
Official America 250 NC Committee
A resolution of Person County, North Carolina, supporting the America 250 NC committee
for the United States semi quincentennial (AMERICA 250 NC).
WHEREAS, Roy Cooper, Governor of North Carolina created AMERICA 250 NC to
plan, encourage, develop, and coordinate the commemoration of the 250th anniversary of
the United States and North Carolina’s integral role in that event and the role of its people
on the nation’s past, present, and future: and
WHEREAS, AMERICA 250 NC has a mission to engage ALL North Carolinians and
ALL 100 counties through their many signatures and officially recognized programs,
projects, and events over the commemoration by inspiring future leaders and celebrating
North Carolina’s contributions to the nation over the last 250 years; and
WHEREAS, by adoption of America 250 NC’s mission, the Person County Committee is
officially formed to achieve the goals of America 250 NC.
NOW, THEREFORE, BE IT RESOLVED, that the County of Person hereby endorses
AMERICA 250 NC and its mission; and
RESOLVED, the County of Person officially establishes an AMERICA 250 NC
Committee made up of a diverse group of people to work with AMERICA 250 NC on any
and all activities. The participants of the Person County Committee will be strictly
voluntary roles and there will be no compensation for participation.
IT IS FURTHER RESOLVED that a copy of this resolution be sent to the Person County
legislative delegation and the AMERICA 250 NC Committee.
ADOPTED this 2nd day of December, 2024.
Chair
Person County Board of Commissioners
Attest:
[SEAL]
Michele Solomon
Clerk to the Board of Commissioners
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AGENDA ABSTRACT
Meeting Date: December 2, 2024
Agenda Title: Lease and Agency Agreement – CHATT
Summary of Information: On August 30, 2024, the County purchased the Carolina Pride
Carwash Headquarters, located on 10.51 acres of land in Timberlake, for use as Piedmont
Community College’s (PCC’s) future Center for Health, Advanced Technology and Trades
(CHATT). PCC contributed $1,835,000 towards the $7,000,000 purchase price. Given that
counties are statutorily responsible for the provision of educational facilities, the County will rent
the facility to PCC for $1.00 per year.
PCC will contract for the construction and upfit at the Leased Property as required for the
accomplishment of the CHATT Project. PCC will also finance the cost of the CHATT Project
through a variety of methods, and while having no obligation to do so, the County may also
consider serving as an additional source of funding.
Recommended Action: Approve the attached Lease and Agency Agreement and authorize the
chair to sign with the addition of Exhibit A and final edits.
Submitted By: Katherine M. Cathey, County Manager
108
LEASE AND AGENCY AGREEMENT
THIS LEASE AND AGENCY AGREEMENT, dated as of __________________, 2024
(the “Lease”), by and between the COUNTY OF PERSON, NORTH CAROLINA, a political
subdivision of the State of North Carolina, as lessor (the “County”), and THE TRUSTEES OF
PIEDMONT COMMUNITY COLLEGE, a body corporate and a unit of the North Carolina
Community College System (the “College”);
WITNESSETH:
THAT WHEREAS, the County and the College have agreed to cooperate in a plan to
acquire and develop the real property described on Exhibit A attached hereto and incorporated
herein by reference (the “Site”) as a center for health, advanced technology and trades (the
“CHATT Project”);
AND WHEREAS, as a part of such plan, the College has been responsible for contribution
of a portion of the purchase price of the Site and the County has entered into (i) an Installment
Financing Contract dated August 1, 2024 (the “Contract”) with Person County Financing
Corporation (the “Corporation”), a portion of the proceeds of which have financed the balance of
the purchase price required for the acquisition of the Site by the County, and (ii) a Deed of Trust,
Security Agreement and Fixture Filing, all dated August 1, 2024 (the “Deed of Trust”) for the
benefit of bondholders to secure the Contract, to which this Lease will be subordinate;
AND WHEREAS, the County is now the fee simple owner of the Site and, as a part of
such plan, the County wishes to lease the Site and the improvements thereon (collectively, the
“Leased Property”) to the College, and the College wishes to lease the Leased Property from the
County;
AND WHEREAS, the County and the College have agreed to certain agency arrangements
with respect to the accomplishment of the CHATT Project that they intend to memorialize in this
agreement, including the designation of the College as the agent of the County with respect to the
CHATT Project, which appointment the College wishes to accept;
AND WHEREAS, to memorialize this Lease and the cooperative process to be followed
in connection with the accomplishment of the CHATT Project, the County and the College have
determined to enter into this Lease;
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto agree as follows:
ARTICLE I
DEFINITIONS
The following terms have the meanings specified below, unless the context clearly requires
otherwise:
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“College Representative” means the President or Vice-President for Administrative
Services/CFO or any other person designated in writing by either of those officers to act
on behalf of the College for the purpose of performing any act under this Lease.
“Contract” means the Installment Financing Contract dated August 1, 2024
between the Corporation and the County, and any amendments or supplements thereto,
including the exhibits attached thereto.
“County Representative” means the County Manager or the Chief Financial Officer
or any other person designated in writing be either of those officers to act on behalf of the
County for the purpose of performing any act under this Lease.
“Deed of Trust” means the Deed of Trust, Security Agreement and Fixture Filing
dated August 1, 2024 from the County to the trustee named therein, for the benefit of the
beneficiary named therein or its assignees.
“Effective Date” means August 30, 2024, and is also referred to herein as the
(“Closing Date”).
“Electronic Means” means the following communications methods: e-mail or any
secure electronic transmission containing applicable authorization codes, and passwords
and/or authentication keys.
“Event of Default” means one or more events of default as defined in Section 12.1
of this Lease.
“Lease” means this Lease and Agency Agreement, and any mutually signed
amendment thereof.
“Lease Term” means the term of this Lease as determined under Article IV of this
Lease.
“Lease Year” means, initially, from the Closing Date through June 30, 2025, and
thereafter means the twelve-month period of each year commencing on July 1 and ending
on the following June 30.
“Leased Property” means the Site as described on Exhibit A hereto, and the
improvements thereon.
All references to articles or sections are references to such portions of this Lease,
unless the context clearly indicates otherwise.
ARTICLE II
REPRESENTATIONS, COVENANTS AND WARRANTIES
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The County and the College each represent, covenant and warrant for the benefit of the
other as follows:
(a) Neither the execution and delivery of this Lease, nor the fulfillment of or
compliance with its terms and conditions, nor the consummation of the transactions
contemplated hereby, results or will result in a breach of the terms, conditions and
provisions of any agreement or instrument to which either is now a part or by which either
is bound, or constitutes a default under any of the foregoing.
(b) To the knowledge of each party, there is no litigation or proceeding pending or
threatened against such party (or against any other person) affecting the rights of such party
to executed or deliver this Lease or to comply with its obligations under this Lease. Neither
the execution and delivery of this Lease by such party, nor compliance by such party with
its obligations under this Lease, requires the approval of any regulatory body or any other
entity the approval of which has not been obtained.
ARTICLE III
DEMISING CLAUSE
The County hereby leases the Leased Property to the College and the College hereby leases
the Leased Property from the County, in accordance with the provisions of this lease, to have and
to hold for the Lease Term.
ARTICLE IV
LEASE TERM
Section 4.1. Commencement. The Lease Term commences on ______________, 2024.
Section 4.2 Termination. The Lease Term terminates on the earlier of the following
dates or events:
(a) the date on which the County has paid or made provision for all Installment
Payments (as defined in the Contract) and all other payments due under the Contract in
accordance with its terms; or
(b) an Event of Default and termination of this Lease under Article XII; or
(c) the written agreement of the parties to this Lease.
ARTICLE V
QUIET ENJOYMENT
Section 5.1 Quiet Enjoyment. The County hereby covenants that the College shall,
during the Lease Term, peaceably and quietly have, hold and enjoy the Leased Property without
suit, trouble or hindrance from the County, except as expressly required or permitted by this Lease.
The County shall not interfere with the quiet use and enjoyment of the Leased Property during the
Lease Term. The County shall, at the request of the College, join and cooperate fully in any legal
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action in which the College asserts its right to such possession and enjoyment, or which involves
the imposition of any taxes or other governmental charges on or in connection with the Leased
Property. In addition, the College may at its own expense join in any legal action affecting its
possession and enjoyment of the Leased Property, and shall be joined (the extent legally possible
and at the expense of the College) in any action affecting its liabilities hereunder.
Section 5.2 Right of Entry. Notwithstanding the foregoing, the County, by and through
its officials, employees, agents and/or contractors may enter the Leased Property at reasonable
hours (i) to ensure that the Leased Premises are being used for the purposes of and in a manner
consistent with the Lease and (ii) to observe any and all construction work being performed in
furtherance of the CHATT project. Nothing in this subsection, however, shall give the County any
authority to direct the actions of either the College or its contractors with regard to the CHATT
Project. The County shall make reasonable efforts to notify the College in writing prior to entry
upon the Leased Property.
Section 5.3 Transfer Upon Lease Termination. At the end of the Lease Term under
Section 4.2(a) hereof, unless the parties hereto agree otherwise, the county hereby agrees to
execute, deliver and record a deed transferring title to the Leased Property to the College, which
deed shall be of the same type as the deed received by the County when it obtained title to the
Leased Property, together with such other documents as are necessary to convey to the College
good and marketable title to the Leased Property, subject only to: (i) Permitted Encumbrances;
and (ii) any encumbrance or imperfection caused by or attributable to the College.
ARTICLE VI
CONSIDERATION FOR LEASE
Section 6.1. Use of Leased Property; Assumption of Obligations. The College hereby
agrees to use the Leased Property for public education purposes in fulfillment of its obligation,
encouraged by the County, to provide for improved post-secondary public education in the County.
In addition, in consideration of its rights under this Lease, the College undertakes the obligations
imposed on it under this Agreement. Notwithstanding anything in this Lease to the contrary, the
College shall not use the Leased Property in a manner that would cause the interest component of
the Installment Payments intended to be excludable from gross income for purposes of federal
income taxation under Section 105 of the Internal Revenue Code of 1986, as amended, to be
includable in gross income.
Section 6.2 Payments. In partial consideration for its acquisition of rights to use the
Leased Property during the Lease Term, the College hereby agrees to pay to the County annual
rent in the amount of One Dollar & No/100 ($1.00), payable in advance on the Effective Date
(receipt of which is hereby acknowledged) and on the first day of each Lease Year thereafter.
ARTICLE VII
CONSTRUCTION AND OTHER ACCOMPLISHMENT OF THE CHATT PROJECT
AND CERTAIN RELATED COVENANTS
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Section 7.1 Construction and Other Accomplishment. The College will contract for
the accomplishment of the construction and upfit at the Leased Property as required for the
accomplishment of the CHATT Project. The College will also finance the cost of the CHATT
Project through a variety of methods, potentially including, without limitation, solicitation of
contributions, grants, and loans. While having no obligation to do so, the County may also
consider serving as an additional source of such funding.
Without limiting the generality of the foregoing, and by way of illustration and not
limitation:
(a) the College shall cause the construction agreements related to the CHATT Project
to be reviewed and approved as to legal form in accordance with College policies and
practices for legal review of contracts prior to award;
(b) upon commencement of construction, the College shall supervise and oversee the
construction of improvements and the purchase of any equipment, acting through its
architects and agents; resolve any disputes arising under the construction contract at its
expense; and do all things necessary and required to commence and complete the CHATT
Project;
(c) the College shall share all contracts and amendments thereto, including change
orders, with the County Chief Financial Officer;
(d) the College shall include the following language in all construction agreements:
Pursuant to N.C.G.S. § 105-164.14, the Owner is eligible for sales and use tax
refunds on all materials which become a permanent part of the construction. The
Contractor agrees to provide the Owner documentation which meets the
requirements of Sales and Use Tax Regulation 42 regarding requests for refund of
sales and use taxes. Those requirements are outlined below:
All refund claims must be substantiated by proper documentary proof and only
those taxes actually paid by the claimant during the fiscal year covered by the
refund claim may be included in the claim.
Any local sales or use taxes included in the claim must be separately stated in the
claim for refund. In cases where more than one county’s sales and use tax has been
paid, a breakdown must be attached to the claim for refund, showing the amount of
each county’s local tax separately.
To substantiate a refund claim for sales and use taxes paid on purchases of building
materials, supplies, fixtures, and equipment by its Contractor, the claimant must
secure from such Contractor certified statements setting forth the cost of the
property purchased from each vendor and the amount of state and local sales and/or
use taxes paid thereon. Such statement must also include the cost of any tangible
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personal property withdrawn from the Contractor’s warehouse stock and the
amount of state and local sales or use tax paid thereon by the Contractor. Similar
certified statements by its subcontractors must be obtained by the General
Contractor and furnished to the claimant (Owner). Any local sales or use taxes
included in the Contractor’s statements must be shown separately from the State
sales or use taxes. The Contractor’s statement must not contain sales or use taxes
paid on purchases of tangible personal property purchased by such Contractor for
use in performing the contract which does not annex to, affix to, or in some manner
become a part of the building or structure being erected, altered or repaired for
governmental entities as defined by G.S. 105-164.14(c). Examples of property on
which sales and use tax has been paid by the Contractor and which should not be
included in the Contractor’s statement are scaffolding, forms for concrete, fuel for
the operation of machinery and equipment, repairs parts, equipment rentals,
blueprints, etc.
The Contractor shall submit notarized sales tax certificates which meet the
requirements detailed above with each Application for Payment. Payment will not
be made until the sales tax certificate(s) have been submitted to the Owner. Owner
is the recipient of sales tax refunds and no such funds shall be provided to
Contractor, or claim made by Contractor therefor.
(e) the College shall secure and maintain Builder’s Risk insurance on construction
associated with the CHATT Project, or require in the construction agreement that the
contractor maintain such coverage.
(f) the College shall require in the construction agreement that the contractor maintain
such types and amounts of insurance coverage as is customarily required by a community
college administrative unit for the construction of educational facilities, to include
comprehensive general liability insurance endorsed to include the County, its officers,
employees and agents as additional insureds.
Section 7.2 College to Act as Agent of the County. The County hereby appoints the
College as its agent, and the College hereby accepts such appointment, in connection with all
phases of the design, construction, supervision and other accomplishment of the CHATT Project.
The College, as the agent of the County for the foregoing purposes, shall cause the CHATT Project
to be completed in accordance with the respective construction documents and any applicable
requirements of governmental authorities and law.
Title to the Leased Property during the Lease Term shall be held by the County, subject
only to Permitted Encumbrances.
Section 7.3 Right of the College to Enforce Contracts. The County hereby assigns to
the College all of its rights and powers under all purchase orders and contracts it enters into with
respect to the CHATT Project, and the College has the right to enforce in its own name or the name
of the County such purchase orders or contracts; but this assignment by the County does not
prevent the County from asserting said rights and powers on its own behalf.
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Section 7.4 The College agrees that it will, at the request of the County Manager,
provide to the County Manager or his or her designee timely notice of all conferences with
representatives of the architects, contractors and vendors with respect to the CHATT Project, and
that the County Manager or his or her designee has the right to attend all such conferences.
Section 7.5 Maintenance, Repair, Taxes and Assessments.
(a) Maintenance; Repair. The College shall use, or cause to be used, the Leased
Property in a careful and proper manner, in compliance with all applicable laws and
regulations and, at its sole expense, shall service, repair maintain and insure the Leased
Property, or cause such to be serviced, repaired, maintained and insured. The College shall
continually maintain customary insurance on the Leased Property, including the following:
(i) all-risk, fire, casualty and extended coverage insurance covering the Leased Property in
an amount not less than one hundred percent (100%) of the full insurable replacement cost
thereof, as the same may from time to time be determined, including any improvements,
alterations, and additions; and (ii) comprehensive general liability insurance in an amount
customarily maintained by the College for College facilities, which policy shall be
endorsed to include the County, its officers, employees and agents as additional insureds.
(b) Taxes and Assessments. The College shall also pay, or cause to be paid, all taxes
and assessments, including, but not limited to, utility charges, of any type or nature levied,
assessed or charged against any portion of the Leased Property, provided that with respect
to special assessments or other governmental charges that may lawfully be paid in
installments over a period of years, the College shall be obligated to pay only such
installments as are required to be paid as and when the same become due.
(c) Contests. The College may, at its sole expenses and in its name, in good faith
contest any such taxes, assessments, utility and other charges and, if any such contest
occurs, may permit the taxes, assessments or other charges so contested to remain unpaid
during the period of such contest and any appeal therefrom, but before such nonpayment it
shall consult with the County and, if the County requires, furnish the County with the
opinion of a counsel acceptable to the County to the effect that, by nonpayment of any such
items, the interest of the County in the Leased Property will not be subject to loss or
forfeiture. The County will cooperate fully in such contest on the request and at the
expense of the College.
7.6 Modification of Leased Property; Liens
(a) Additions, Modifications and Improvements. The College shall at its own
expense, have the right to make, or cause to be made, additions, modifications and
improvements to any portion of the Leased Property if such additions, modifications or
improvements are necessary or beneficial for the use of such portion of the Leased
Property. All such additions, modifications and improvements shall thereafter comprise
part of the Leased Property and be subject to the provisions of this Lease. Such additions,
modifications and improvements shall not in any way cause the interest components of the
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Installment Payments intended to be excludable from gross income for purposes of federal
income taxation under Section 103 of the Internal Revenue Code of 1986, as amended, to
be includable in gross income.
(b) Liens. The College will not permit any mechanic’s or other lien to be established
or remain against the Leased Property for labor or materials furnished in connection with
any additions, modifications or improvements made by the College under this Lease, but
if any such lien is filed or established and the College first notifies or causes to be notified,
the County of the College’s intention to do so, the College may in good faith contest any
lien filed or established against the Leased Property and in such event may permit the items
so contested to remain undischarged and unsatisfied during the period of such contest and
any appeal therefrom, and shall provide the County with full security against any loss or
forfeiture which might arise from the nonpayment of any such item. The County will
cooperate fully in any such contest upon the request and at the expense of the College.
Except as provided in this Article and except as the County may consent thereto,
which consent shall not be unreasonably withheld, the College shall not, directly or
indirectly, create, incur, assume or suffer to exist any mortgage, pledge, lien, charge,
encumbrance or claim on or with respect to the Leased Property, other than the respective
rights of the College and the County as herein provided. Except as provided in this Article,
the College shall promptly, at its own expense, take such action as may be necessary to
duly discharge or remove any such mortgage, pledge, lien, charge, encumbrance or claim
for which it is responsible, if the same shall arise at any time; provided that the College
may contest such liens, charges, encumbrances, o claims if it desires to do so. The College
shall reimburse the County in order to discharge or remove any such mortgage, pledge,
lien, charge, encumbrance or claim.
ARTICLE VIII
COOPERATION BETWEEN COUNTY AND COLLEGE
Section 8.1 County Cooperation. The County shall cooperate fully with the College
in filing any proof of loss or taking any other action under this Lease. Neither the County nor the
College may voluntarily settle, or consent to the settlement of, any proceeding arising out of any
insurance claim with respect to the Leased Property without the written consent of the other party
Section 8.2 College Cooperation. The College agrees that it will faithfully discharge
all duties imposed upon it with respect to the accomplishment of the CHATT Project and the
insuring of same.
Section 8.3 Advances; Performance of Obligations. If the College fails to take any
action required of it under this Lease, then the County may (but is under no obligation to) perform
such obligation. The College agrees to reimburse the County for its costs incurred in connection
with performing such obligation.
ARTICLE IX
DISCLAIMER OF WARRANTIES; OTHER COVENANTS
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Section 9.1 Disclaimer of Warranties. THE COUNTY MAKES NO WARRANTY
OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN,
CONDITION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
FITNESS FOR A PARTICULAR USE, OF THE LEASED PROPERTY, THE CHATT PROJECT,
OR ANY PART THEREOF OR ANY OTHER REPRESENTATION OR WARRANTY WITH
RESPECT TO THE LEASED PROPERTY, THE CHATT PROJECT OR ANY PART THEREOF.
The College will develop the CHATT Project. The County will not be liable for any direct or
indirect, incidental, special or consequential damages in connection with or arising out of this
Lease or the existence, furnishing, functioning or use by anyone of any item, product or service
provided for herein.
The College acknowledges and agrees that the County did not and will not design the
CHATT Project, that the County has not supplied, and will not supply, any plans or specifications
with respect thereto and that the County (i) is not a manufacturer of, or a dealer in, any of the
component parts of the CHATT Project or similar projects; (ii) has not made, and will not make,
any recommendation, given or give any advice, or taken any other action with respect to (a) the
choice of any supplier, vendor or designer of, or any other contractor with respect to, the CHATT
Project or any component part thereof, or any property or rights relating thereto; or (b) any action
taken or to be taken with respect to the CHATT Project or any component part thereof, or any
property or rights relating thereto at any stage of the construction thereof; (iii) has not at any time
had physical possession of the CHATT Project and will not physically possess the CHATT Project
or any component part thereof or made or make any inspection thereof or any property or rights
relating thereto; and (iv) has not made and will not make any warranty or other representation,
express or implied, that the CHATT Project or any component part thereof, or any property or
rights relating thereto, (a) will not result in or cause injury or damage to persons or property, (b)
has been or will be properly designed or constructed, or will accomplish the results which the
College intends, or (c) is or will be safe in any manner or respect.
Section 9.2 Further Assurances; Corrective Instruments. The College and the
County agree that they will, from time to time, execute, acknowledge and deliver, or cause to be
executed, acknowledged and delivered, such supplements hereto and such further instruments as
may reasonably be required for correcting any inadequate or incorrect description of the Leased
Property hereby leased or intended so to be, or for otherwise carrying out the intention hereof.
Section 9.3 College and County Representatives. Whenever under the provisions
hereof the approval of the College or the County is required to take some action at the request of
the other, unless otherwise provided such approval or such request is to be given for the College
by the College Representative, and for the County by the County Representative, and the College
and the County are authorized to act on any such approval or request of such representative of the
other.
Section 9.4 Compliance with Requirements. During the Lease Term, the College and
the County shall observe and comply promptly with all current and future orders of all courts
having jurisdiction over the Leased Property or any portion thereof (or be diligently and in good
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faith contesting such orders) and all current and future requirements of all insurance companies’
written policies covering the Leased Property or any portion thereof.
ARTICLE X
TITLE TO LEASED PROPERTY; LIMITATIONS ON ENCUMBRANCES
Except for personal property purchased by the College at its own expense, title to the
Leased Property and any and all additions and modifications to or replacements of any portion of
the Leased Property shall be held in the name of the County, subject only to Permitted
Encumbrances, until conveyed as provided in this Lease, notwithstanding (i) the occurrence of one
or more events of default as defined in Section 12.1 of the Contract; (ii) the occurrence of any
event of damage, destruction, condemnation or construction or title defect; or (iii) the violation by
the County of any provision of this Lease. The County will not transfer the Site to any party, other
than the College, or voluntarily create any liens or encumbrances on the Site, except under the
Deed of Trust, without the consent of the College.
The College has no right, title or interest in the Leased Property or any additions and
modifications to or replacements of any portion of the Leased Property, except as expressly set
forth in this Lease.
ARTICLE XI
ASSIGNMENT, SUBLEASING AND INDEMNIFICATION
Section 11.1 College Assignment or Subleasing. The College may not assign or
sublease the Leased Property, in whole or in part, without the prior written consent of the County,
which consent shall not be unreasonably withheld. Notwithstanding the foregoing, the College
may use the Leased Property for educational purposes and may make it available in accordance
with its policy concerning community use of facilities, provided that such use of the Leased
Property does not cause the interest components of the Installment Payments intended to be
excludable from gross income for purposes of federal income taxation under Section 103 of the
Internal Revenue Code of 1986, as amended, to be includable in gross income.
Section 11.2 Indemnification. To the extent permitted by law, the College agrees to
indemnify and save the County, its officers, employees and agents harmless against and from all
claims by or on behalf of any person, firm, corporation or other legal entity arising from the
operation or management of the Leased Property or the CHATT Project by the College during the
Lease Term, including any claims arising from (i) any condition of the Leased Property, (ii) any
act of negligence of the College or of any of its agents , contractors or employees, or any violation
of law by the College or breach of any covenant or warranty by the College hereunder; or (iii) the
incurrence of any cost or expense in connection with the accomplishment of the CHATT Project
unless voluntarily assumed by the County. The College further agrees to investigate, handle,
respond to, provide defense for, and defend the same at its sole expense and agrees to bear all other
costs and expenses related thereto. The College shall be notified promptly by the County of any
action or proceeding brought in connection with any claims arising out of circumstances described
in (i), (ii) or (iii) above.
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ARTICLE XII
EVENTS OF DEFAULT
Section 12.1 Events of Default. Each of the following is an “Event of Default” under
this Lease, and the term “Default” means, whenever it is used in this Leas, any one or more of the
following events:
(a) The failure of the College or the County to observe and perform any covenant,
condition or agreement on its part to be observed or performed under this Lease for a period
of thirty (30) days after written notice specifying such failure and requesting that it be
remedied has been given to the defaulting party by the non-defaulting party, unless the non-
defaulting party agrees in writing to an extension of such time before its expiration; but if
the failure stated in such notice cannot be corrected within the applicable period, the non-
defaulting party shall not unreasonably withhold its consent to an extension of such tine if
corrective action is instituted by the defaulting party within the applicable period and
diligently pursued until such failure is corrected and, further, if by reason of any event or
occurrence constituting force majeure the defaulting party is unable in whole or in part to
carry out any of its agreements contained herein (other than its obligations contained in
Section 6.2 or Section 8.1 hereof), the defaulting party shall not be deemed in default during
the continuance of such event or occurrence.
(b) The dissolution or liquidation of the College or the County, or the voluntary
initiation by the College or the County of any proceeding under federal or state law relating
to bankruptcy, insolvency, arrangement, reorganization, readjustment of debt or any other
form of debtor relief, or the initiation against the College or the County of any such
proceeding which shall remain undismissed for sixty (60) days, or the entry by the College
or the County into an agreement of composition with creditors, or the failure of the College
or the County generally to pay its debts as they become due.
Section 12.2 Remedies on Default. Whenever any Event of Default has happened and
is continuing, the non-defaulting party may terminate this Lease or take whatever action at law or
in equity may appear necessary or desirable, including the appointment of a receiver, to collect the
amounts then due, or to enforce performance and observance of any obligation, agreement or
covenant under this Lease.
Section 12.3 No Remedy Exclusive. No remedy herein conferred or reserved is intended
to be exclusive, and every such remedy is cumulative and in addition to every other remedy given
hereunder and every remedy now or hereafter existing at law or in equity. No delay or omission
to exercise any right or power accruing on any default impairs any such right or power, and any
such rights and power may be exercised from time to time as may be deemed expedient. It is not
necessary to give any notice in order to be entitled to exercise any remedy reserved in this Article
XII, other than such notice as may be required in this Article XII.
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Section 12.4 Waivers. If any agreement contained herein is breached by either party and
thereafter waived by the other party, such waiver is limited to the particular breach so waived, and
will not be deemed to waive any other breach hereunder.
Section 12.5 Waiver of Appraisement, Valuation, Stay, Extension and Redemption
Laws. The College and the County agree, to the extent permitted by law, that in the case of a
termination of the Lease Term by reason of an Event of Default, neither party, nor anyone claiming
through or under either of them, shall or will set up, claim or seek to take advantage of any
appraisement, valuation, stay, extension or redemption laws now or hereafter in force in order to
prevent or hinder the enforcement of any remedy provided hereunder; and the College and the
County, for themselves and all who may at any time claim through or under either of them, each
hereby waives, to the full extent that it may lawfully do so, the benefit of such laws.
ARTICLE XIII
MISCELLANEOUS
Section 13.1 Notices. All notices, certificates or other communications hereunder are
sufficiently given when delivered by Electronic Means or delivered or mailed by certified or
registered mail, postage prepaid, as follows, unless changed by the use of this notice procedure:
If intended for the County, addressed to it as follows:
County of Person, North Carolina
304 S. Morgan Street
Roxboro, North Carolina 27573
Attention: Chief Financial Officer
tclayton@personcountync.gov
If intended for the College, addressed to it as follows:
Piedmont Community College
1715 College Drive
P. O. Box 1197
Roxboro, NC 27574
Attention: Vice-President for Administrative Services/CFO
reggie.browning@piedmontcc.edu
Section 13.2 Binding Effect. This Lease is binding on and insures to the benefit of the
College and the County, subject, however, to the limitations contained in Article XI hereof.
Section 13.3 Net Lease. This is a “net lease”, and the College shall pay absolutely net
during the Lease Term all other payments required hereunder, free of any deductions, and without
abatement or setoff.
Section 13.4 Severability. If any provision of this Lease, other than the requirement of
the County to provide quiet enjoyment of the Leased Property, is held invalid or unenforceable by
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any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any
other provision hereof.
Section 13.5 Execution in Counterparts; Electronic Signatures. This Lease may be
executed in any number of counterparts, by manual, facsimile, digital, electronic or .pdf file
signatures, each of which will be deemed an original, but all of which taken together will constitute
one and the same instrument. An executed copy of this Lease delivered by Electronic Means will
be deemed to have the same legal effect as delivery of a manual signed copy hereof. This Lease
and related documents may be sent and stored by Electronic Means.
Section 13.6 Applicable Law. This Lease is governed by and to be construed in
accordance with the laws of the State of North Carolina, without regard to conflict of law
principles.
Section 13.7 Captions. The captions or headings herein are for convenience of reference
only and in no way define, limit or describe the scope or intent of any provisions or sections of
this Lease.
Section 13.8 Amendments and Further Instruments. The County and the College
may, from time to time, executed and deliver such amendments to this Lease, and such further
instruments as may be required or desired for carrying out the expressed intention of this Lease.
Section 13.9 Memorandum of Lease. The parties may file with the Person County
Register of Deeds this Lease or a memorandum of this Lease legally sufficient to comply with the
relevant provisions of North Carolina law.
Section 13.10 Subordinate to Deed of Trust. This Lease is subordinate to the Deed of
Trust.
IN WITNESS WHEREOF, the parties have caused this Lease to be executed in their
corporate names by their duly authorized officers, this day and year first above written.
(Remainder of page is intentionally blank. Signatures and acknowledgments appear upon the
following pages.)
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(Signature page to Lease and Agency Agreement)
COUNTY OF PERSON, NORTH CAROLINA
_______________________________
Chair, Board of Commissioners
ATTEST:
[SEAL] _______________________________
Clerk to the Board of Commissioners
NORTH CAROLINA
PERSON COUNTY
I, , a Notary
Public of the aforesaid State and County, do hereby certify that _______________________
personally appeared before me this date and duly acknowledged the execution of the foregoing
instrument in the capacity and for the purpose stated therein.
Witness my hand and notarial seal, this the day of _________________, 2024.
______________________________
Notary Public
______________________________
Printed or Typed Name
My Commission Expires: ________________
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(Signature page to Lease and Agency Agreement)
THE TRUSTEES OF PIEDMONT COMMUNITY
COLLEGE
______________________________________
Chair, Board of Trustees
[SEAL] _______________________________
Secretary to the Board of Trustees
NORTH CAROLINA
PERSON COUNTY
I, , a Notary
Public of the aforesaid State and County, do hereby certify that _______________________
personally appeared before me this date and duly acknowledged the execution of the foregoing
instrument in the capacity and for the purpose stated therein.
Witness my hand and notarial seal, this the day of _________________, 2024.
______________________________
Notary Public
______________________________
Printed or Typed Name
My Commission Expires: ________________
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AGENDA ABSTRACT
Meeting Date: December 2, 2024
Agenda Title: Resolution Establishing the 2025 Schedule of Regular Meetings for
the Person County Board of Commissioners
Summary of Information: North Carolina General Statute 153A-40 requires the Board of
Commissioners to hold a regular meeting at least once a month. Before the Board is a
Resolution Establishing the 2025 Schedule of Regular Meetings for adoption.
Recommended Action: Adopt a Resolution Establishing the 2025 Schedule of Regular
Meetings so to cause a copy of such to be distributed and posted.
Submitted By: Michele Solomon, Clerk to the Board
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Resolution Establishing
2025 Schedule of Regular Meetings for the
Person County Board of Commissioners
WHEREAS, NC General Statute 153A-40 requires boards of commissioners to hold a regular-scheduled
meeting at least once a month; and
WHEREAS, the Person County Board of Commissioners meets in its Commissioners' Boardroom 215 in
the Person County Office Building, located at 304 S. Morgan Street in Roxboro, North Carolina, unless
otherwise noted below. Now therefore, be it
RESOLVED by action of the Person County Board of Commissioners, the following Schedule of Regular
Meetings for 2025 is set forth as following:
6:00 p.m.
9:00 a.m.
January 6, 2025
January 21,2025 7XHVGD\
February 3, 2025 SP
February 18, 2024 (Tuesday) DPAnnual Retreat
March 3, 2025 SP
March 17, 2025 DP
April 7, 2025 SP
April 21, 2025
May 5, 2025
May 19, 2025
Jun e 2, 2025
June 16, 2025
July 21, 2025
August 4, 2025
August 18, 2025
DP
6:00 p.m.
9:00 a.m.
6:00 p.m.
9:00 a.m.
9:00 a.m.
6:00 p.m.
9:00 a.m.
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6:00 p.m.
9:00 a.m.
6:00 p.m.
9:00 a.m.
September 2, 2025 (Tuesday)
September 15, 2025
October 6, 2025
October 20, 2025
November 3, 2025
November 17, 2025
December 1, 202
6:00 p.m.
9:00 a.m.
6:00 p.m.
BE IT FURTHER RESOLVED that a copy of this Resolution shall be posted on the Board of Commissioners'
bulletin board located outside the Commissioners' meeting room 215 of the County Office Building at least
ten (I0) days before the first meeting to which it applies, and that the adopted Schedule of Meetings dates shall
be posted on the County website and distributed with the Sunshine email group.
Adopted this, the 2nd day of December 2024.
________________________________
Chair
Person County Board of Commissioners
Attest:
___________________________________
Michele Solomon
Clerk of Board
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AGENDA ABSTRACT
Meeting date: December 2, 2024
Agenda Title: FY 2025-2026 Budget Calendar
Summary of Information: Staff has developed a budget calendar for the Board’s
consideration and adoption. It outlines a proposed schedule for the FY 2025-2026 budget
process. Key milestones include:
The BOCC Annual Retreat on February 18, 2025.
Adoption of the Capital Improvement Plan (CIP) on April 21, 2025.
Presentation of the Manager’s Recommended Budget on May 19, 2025.
The required Budget Public Hearing on June 2, 2025.
Adoption of the FY 2025-2026 Budget Ordinance on June 16, 2025.
The dates are subject to change if needed, but the proposed timeline ensures an organized and
efficient budget process for staff and elected officials.
Recommended Action: To adopt the FY2025-2026 Budget Calendar
Submitted By: Tracy Clayton, Interim Chief Financial Officer
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PERSON COUNTY GOVERNMENT
FISCAL YEAR 2025-26 BUDGET CALENDAR
Date Task
Mon/Dec 2, 2024* Board of County Commissioners (BOCC) adopts FY26 Budget Calendar
Wed/Dec 4, 2024 HR prepares and sends out Personnel Budget forms and current salary data to
departments for confirmation
Fri/Jan 3, 2025 CIP requests due to Finance;
Technology requests due to IT
Wed/Jan 8, 2025 Personnel Budget forms due to HR for review (via email)
Fri/Jan 24, 2025 Final health insurance costs verified
Fri/Jan 31, 2025 Finance distributes County Manager’s budget memo and manual;
Assistant County Manager distributes fee schedule requests
Fri/Feb 7, 2025 Departments complete submittal of budget requests into Munis;
Fee schedule requests due to Assistant County Manager (via email);
Fleet requests due to General Services
Tue/Feb 18, 2025* BOCC Annual Retreat 9:00 am
Tues-Fri/Mar 4-7 2025 Departmental budget presentations with County Manager
Mon-Fri/Mar 10-14, 2025
Mon/Apr 7, 2025* FY26 Recommended CIP report presented to BOCC
Mon/Apr 21, 2025* Adoption of FY26 CIP
Mon/ May 19, 2025* County Manager presents FY26 Recommended Budget to BOCC
Mon/Jun 2, 2025* BOCC holds public hearing on FY26 Recommended Budget
Tues-Fri/Jun 3-13, 2025 Potential BOCC budget work sessions (specific dates/times to be scheduled)
Mon/Jun 16, 2025* Adoption of FY26 Annual Budget Ordinance
Mon/Jul 7, 2025 FY26 Adopted Budget available in accounting system
Fri/Aug 15, 2025 FY26 Adopted Budget document finalized and available online
* denotes a Board of Commissioners meeting date
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