05-01-2023 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
May 1, 2023
7:00pm
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
PUBLIC HEARING:
ITEM #1 (pgs. 5-26)
Special Use Permit Application SUP-03-23 for BV/Weston Jim Thorpe
SPE, LLC in Rural Conservation zoning district for an electrical
substation (Polywood Facility Substation) at Tax Map #69-313 …....... Chris Bowley
(requires a quasi-judicial zoning decision whereby witnesses are to be sworn in and subject
to cross examination, no ex parte communication and requires findings of fact)
ITEM #2 (27-29)
Consideration to Grant or Deny Special Use Permit Application
SUP-03-23 for BV/Weston Jim Thorpe SPE, LLC in Rural
Conservation zoning district for an electrical substation
(Polywood Facility Substation) at Tax Map #69-313 ……………… Chairman Powell
1
PUBLIC HEARING:
ITEM #3 (pgs. 30-50)
Special Use Permit Application SUP-04-23 by Gary Garrett for a
Recreational Vehicle Park to be located along the northwest side of
Thomas Store Road at Tax Map A95-26 ……………………………….. Chris Bowley
(requires a quasi-judicial zoning decision whereby witnesses are to be sworn in and subject
to cross examination, no ex parte communication and requires findings of fact)
ITEM #4 (51-53)
Consideration to Grant or Deny Special Use Permit Application
SUP-04-23 by Gary Garrett for a Recreational Vehicle Park to be
located along the northwest side of Thomas Store Road at Tax
Map A95-26 ………………………………………………………….. 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.
ITEM #5
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.Uniform Guidance Policies and Related Documents related to the Use and
Eligibility Determination for Expenditures under the American Rescue Plan
and Coronavirus State and Local Fiscal Recovery Fund (pgs. 54-67):a.Resolution for Eligible Use of Expenditures Under American Rescue
Plan Act of 2021 Coronavirus State and Local Fiscal Recovery Funds
by Person County,b.Resolution for Allowable Costs and Cost Principles for Expenditure of
American Rescue Plan Act Coronavirus State and Local Fiscal
Recovery Funds by Person County,
c.American Rescue Plan Act 2021 Coronavirus State and Local Fiscal
Recovery Fund Eligibility Determination and Allowable Cost Review,
andB.Growing Rural Economics with Access to Technology (GREAT) Grant
Agreement (pgs. 68-136)
2
NEW BUSINESS:
ITEM #6 (pgs. 137-145)
Lease of Aircraft Hangar at Raleigh Regional Airport
at Person County ………………………………………………………….. Ray Foushee
ITEM #7 (pg. 146)
Late Fine-Free Policy and Passport Acceptance Facility ……………….. Kayli Reyna
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.
3
NOTICE OF PUBLIC HEARING
The Person County Board of Commissioners will conduct
a Public Hearing on Monday, May 1, 2023, at 7:00 PM,
in the Board of Commissioners’ Boardroom (Room 215)
of the Person County Office Building, located at 304 S.
Morgan Street, Roxboro, North Carolina, to hear the
following:
Petition SUP-03-23 – A request by the Applicant,
Jason Seaman of Thomas & Hutton, on behalf of the
Property Owner, BV/Weston Jim Thorpe SPE, LLC, of
±31.33-acres, located at Tax Map #69-313 and Parcel
#0928-00-00-9814.000, to approve Special Use Permit
SUP-03-23 in an RC (Rural Conservation) zoning
district for an electrical substation (i.e. Polywood
Facility Substation).
Petition SUP-04-23 – A request by Gary Garrett
(“Applicant” and “Property Owner”), of ±16.27-acres
(Subject Property), located along the northwest side of
Thomas Store Road at Tax Map #A95-26 and Parcel
#0954-00-37-1948.000, to approve Special Use Permit
SUP-04-23 in an RC (Rural Conservation) zoning
district for the Garrett Recreational Vehicle Park, per
Sections 60-7 and 155-2 of the Planning Ordinance.
The public is invited to attend the meeting. Substantial
changes may occur to the request, based on comments
from the public hearing. The Board of Commissioners
reserves the right to recess the public hearing at another
place and time. For further information on the case(s)
listed above, please contact the Person County Planning
& Zoning Department at (336) 597-1750.
4/20,27/2023
4
AGENDA ABSTRACT
Meeting Date: May 1, 2023
Agenda Title: Public Hearing SUP-03-23, a request by the Applicant, Jason Seaman of Thomas
& Hutton, on behalf of the Property Owner, BV/Weston Jim Thorpe SPE, LLC, of ±31.33-acres,
located at 3090 Jim Thorpe Highway, Tax Map #69-313 and Parcel #0928-00-00-9814.000, to
approve Special Use Permit SUP-03-23 in an RC (Rural Conservation) zoning district for an
electrical substation (i.e. Polywood Facility Substation).
Summary of Information:
The Subject Property is a ±31.33-acre vacant parcel is located at 3090 Jim Thorpe Highway on the
Polywood campus at Tax Map #69-313 and Parcel #0928-00-00-9814.000. Development of ±1.44-
acres represents use of approximately 4.6% of the parent tract, leaving a remainder area as open
space and for future development potential. The Subject Property is bisected by an existing Duke
Energy 90-ft. wide easement with overhead transmission powerlines and the substation is proposed
to be in close proximity to it through a 125-ft. wide Duke Energy easement.
The zoning designation of RC (Rural Conservation) is compatible with an Industrial future land
use designation for the Subject Property. Per Appendix C, Table of Permitted Uses of the Person
County Planning Ordinance, a Public Utility Station, Bulk Station, or Substation is a permitted use
in the RC zoning district with Special Use Permit approval.
Section 4 of the Comprehensive Plan includes four (4) Guiding Principles. The following Guiding
Principle and identified goals are listed that provides justification for supporting Special Use
Permit SUP-03-23 and the development of an electrical substation on the Subject Property:
Guiding Principle No. 2 – Facilitating Sustainable Economic Growth
Goal No. 2.2 – Identify opportunities for the adaptive reuse of legacy
manufacturing/industrial sites.
Goal No. 2.4 – Identify and recruit industry sectors that bring diversity to the
economic/employment base.
Goal No. 7 – Provide utility infrastructure to support economic growth.
Goal No. 2.8 – Support the reuse and repurposing of the County’s major energy
infrastructure.
A Site Plan has also been provided by the Applicant that shows the proposed location of the
substation in close proximity to the existing and new Polywood buildings. The plan includes the
access driveway to the substation, proposed fencing and screening, a new easement to the existing
Duke Energy transmission powerlines, the avoidance of environmental features (wetlands and
streams), and dimensions of the facility.
5
Recommended Action:
Per the Person County Planning Ordinance, the Board of Commissioners shall also address a
“Findings of Fact” as listed in Section 155, to determine if the proposed use supports the
Comprehensive Plan. From the Findings of Fact criteria listed in Section 155-3(b), approval of
Special Use Permit Application SUP-03-23 supports the four Findings of Fact listed below:
1. That the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved. – the proposed
use will occupy vacant land and observe minimum setbacks.
2. That the use meets all required conditions and specifications. – the proposed use will be
constructed in accordance with Duke Energy’s standards and specifications.
3. That the use will not substantially injure the value of adjoining or abutting property, or that
the use is a public necessity. – the proposed use will be screened from public view by
existing vegetation.
4. That the location and character of the use if developed according to the plan as submitted
and approved will be in harmony with the area in which it is to be located and in general
conformity with the Comprehensive Plan. – the location of the proposed facility will be set
back from a public road (Jim Thorpe Highway) and adjacent properties, while being in
close proximity to the buildings that they serve.
For the Subject Property, based on the existing industrial use and entitlements on-site, adjacency
to lands with existing Industrial future land use designations, consistency with Guiding Principle
No. 2 and Goals Nos. 2, 4, 7, and 8 of that principle, and in support of continued economic
development/job creation in Person County, Planning & Zoning Department staff recommends
that the Board of Commissioners approve Special Use Permit SUP-03-23 for the Polywood
Facility Substation project, with the following conditions:
1. The Applicant obtains all required permits from the County Environmental Health
Department, Planning & Zoning Department, and Inspections Department; and
2. The Applicant obtains required permits from the North Carolina Department of
Environmental Quality and any other agency to achieve construction, operations, and
maintenance of the Subject Property.
Submitted By: Chris Bowley, AICP, Planning & Zoning Director
6
Polywood Facility SubstationSPECIAL USE PERMIT APPLICATIONSUP –03 –237
Polywood Facility Substation (SUP‐03‐23)IntroductionThe Subject Property is ±31.33‐acres at 3090 Jim Thorpe Highway within the Polywood campusProposed electrical substation to serve existing buildingsProposed electrical substation is in close proximity to existing buildings and existing Duke Energy transmission powerlines for maximum service potentialProposed industrial use is inside of Industrial‐designated land that contemplates this type of use at this location (consistent with Comp Plan)8
Polywood Facility Substation (SUP‐03‐23)Exhibit A: General Map9
Polywood Facility Substation (SUP‐03‐23)Exhibit B: Aerial Photo10
Polywood Facility Substation (SUP‐03‐23)Exhibit C: Future Land Use Map11
Polywood Facility Substation (SUP‐03‐23)Exhibit D: Zoning Map12
Polywood Facility Substation (SUP‐03‐23)Exhibit E: Site Plan13
Polywood Facility Substation (SUP‐03‐23)Findings of FactPer the Person County Planning Ordinance, the Board of Commissioners shall also address a “Findings of Fact” as listed in Section 155, todetermine if the proposed use supports the Comprehensive Plan. From the Findings of Fact criteria listed in Section 155‐3(b), approval ofSpecial Use Permit Application SUP‐03‐23 supports the four Findings of Fact listed below:1.That the use will not materially endanger the public health or safety if located where proposed and developed according to theplan as submitted and approved. – the proposed use will occupy vacant land and observe minimum setbacks.2.That the use meets all required conditions and specifications. – the proposed use will be constructed in accordance with DukeEnergy’s standards and specifications.3.That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity.–theproposed use will be screened from public view by existing vegetation.4.That the location and character of the use if developed according to the plan as submitted and approved will be in harmony withthe area in which it is to be located and in general conformity with the Comprehensive Plan. – the location of the proposed facilitywill be set back from a public road (Jim Thorpe Highway) and adjacent properties, while being in close proximity to the buildings thatthey serve.14
Polywood Facility Substation (SUP‐03‐23)Staff Recommendation & Potential MotionBased on the existing industrial use and entitlements on‐site, adjacency to lands with existingIndustrial future land use designation, consistency with Guiding Principle No. 2 and Goals Nos. 2,4, 7, and 8 of that principle, and in support of continued economic development/job creation inPerson County, Planning & Zoning Department staff recommends that the Board ofCommissioners approve Special Use Permit SUP‐03‐23 for the Polywood Facility Substationproject, with the following conditions and potential motion:“I hereby move to approve Special Use Permit SUP‐03‐23 for the Polywood Facility Substationproject, with the following conditions:1.The Applicant obtains all required permits from the County Environmental HealthDepartment, Planning & Zoning Department, and Inspections Department; and2.The Applicant obtains required permits from the North Carolina Department ofEnvironmental Quality and any other agency to achieve construction, operations, andmaintenance of the Subject Property.”15
Polywood Facility Substation (SUP‐03‐23)Thank You16
PERSON COUNTY PLANNING & ZONING DEPARTMENT
STAFF REPORT
Special Use Permit Application SUP-03-23 for the Polywood Facility Substation (Subject Property).
Request
The Applicant, Jason Seaman of Thomas & Hutton, on behalf of the Property Owner, BV/Weston Jim
Thorpe SPE, LLC, is requesting Special Use Permit (SUP) approval to locate an electrical substation
(Polywood Facility Substation) within an RC (Rural Conservation) zoned property. The SUP application is
for an electrical substation and access driveway to be constructed on ±1.44-acres of a ±31.33-acre parent
tract that is in close proximity to an existing Duke Energy transmission line. The electrical substation will
supply power for adjacent Polywood buildings located at 3100 and 3300 Jim Thorpe Highway to continue
plant operation.
Location, Current Land Use, & Land Use Compatibility
The Subject Property is a ±31.33-acre vacant parcel located at 3090 Jim Thorpe Highway on the Polywood
campus at Tax Map #69-313 and Parcel #0928-00-00-9814.000 (see Exhibit A: General Map and Exhibit
B: Aerial Photo). Development of ±1.44-acres represents use of approximately 4.6% of the parent tract,
leaving a remainder area as open space and future development potential. The Subject Property is bisected
by an existing Duke Energy 90-ft. wide easement with overhead transmission powerlines and the substation
is proposed to be in close proximity to it through a 125-ft. wide Duke Energy easement.
The Subject Property includes small isolated wetlands and an intermittent stream, which the substation and
Duke Energy easement will not impact. The current vacant land use of the Subject Property is consistent
and compatible with adjacent land uses, as follows:
North – existing Polywood manufacturing facility.
East – new Polywood manufacturing facility.
South – vacant land and residential homes.
West – vacant land and residential homes.
Comprehensive Plan, Zoning, & Site Plan
The zoning designation of RC (Rural Conservation) is compatible with an Industrial future land use
designation for the Subject Property (see Exhibit C: Future Land Use Map and Exhibit D: Zoning Map).
Per Appendix C, Table of Permitted Uses of the Person County Planning Ordinance, a Public Utility
Station, Bulk Station, or Substation is a permitted use in the RC zoning district with Special Use Permit
approval. The adjacent land entitlements are as follows:
North – Industrial future land use and RC zoning classifications.
East – Industrial future land use and RC zoning classifications.
South – Industrial future land use and RC zoning classifications.
West – Rural future land use and RC and R (Residential) zoning classifications (across the four-
lane divided Jim Thorpe Highway).
From the Person County & City of Roxboro Joint Comprehensive Land Use Plan (Comprehensive Plan):
17
SUP-03-23 Application Staff Report
Board of Commissioners Meeting on May 1, 2023
Page 2 of 3
“The Industrial future land use category is intended to designate land for existing and future industrial
development. These areas have sufficient transportation access and utility infrastructure to support
manufacturing and uses of similar intensity. As future development in these areas may be of a higher
intensity than other areas, care should be given to prescribing development regulations that protect
adjacent uses and prohibit future residential development.”
Section 4 of the Comprehensive Plan includes four (4) Guiding Principles. The following Guiding Principle
and identified goals are listed that provides justification for supporting Special Use Permit Application
SUP-03-23 and the development of an electrical substation on the Subject Property:
Guiding Principle No. 2 – Facilitating Sustainable Economic Growth
Goal No. 2.2 – Identify opportunities for the adaptive reuse of legacy manufacturing/industrial
sites.
Goal No. 2.4 – Identify and recruit industry sectors that bring diversity to the
economic/employment base.
Goal No. 2.7 – Provide utility infrastructure to support economic growth.
Goal No. 2.8 – Support the reuse and repurposing of the County’s major energy infrastructure.
A Site Plan has also been provided by the Applicant that shows the proposed location of the substation in
close proximity to the existing and new Polywood buildings. The plan includes the access driveway to the
substation, proposed fencing and screening, a new easement to the existing Duke Energy transmission
powerlines, the avoidance of environmental features (wetlands and streams), and dimensions of the facility
(see Exhibit E: Site Plan).
Planning Staff Analysis
The Subject Property is part of a collection of properties forming the Polywood industrial campus. The new
Polywood building located at 3100 Jim Thorpe Highway and the existing Polywood facility at 3300 Jim
Thorpe Highway form the remainder of the campus. This electrical substation at 3090 Jim Thorpe Highway
will provide utility support to the adjacent operations and takes advantage of the close proximity to the
existing Duke Energy powerline easement and the Polywood campus buildings for maximum service
potential. The proposed location of the substation is also Duke Energy’s preferred service area on the
Subject Property.
The existing entitlements of all three tracts of Industrial future land use and RC zoning designations is
consistent and compatible with the Comprehensive Plan. The Polywood campus has been contemplated for
industrial use, as is evident by the Industrial land use classification and is supported by infrastructure
improvements through an adjacent four-lane Jim Thorpe Highway, median openings for safe ingress and
egress, two driveways of sufficient width to accommodate truck traffic and turning movements, central
water and sanitary sewer service, and the aforementioned Duke Energy transmission power easement.
In addition to the provision of Special Use Permit approval in Appendix C, the proposed electrical
substation is an appropriate use at this location, due to the following factors:
1. The Polywood facility is an existing industrial use that is consistent with the Comprehensive Plan’s
long-range vision of industrial use for this site and adjacent lands;
2. The proposed industrial use is directly in keeping with the aforementioned Guiding Principle and
associated goals to support the Comprehensive Plan;
3. The location of the substation is preferred by Duke Energy for connection to a power source and
service;
4. The location of the substation contemplates and avoids environmental impacts; and
18
SUP-03-23 Application Staff Report
Board of Commissioners Meeting on May 1, 2023
Page 3 of 3
5. Service of the substation and emergency response to it are in close proximity to the entrance along
Jim Thorpe Highway.
Per the Person County Planning Ordinance, the Board of Commissioners shall also address a “Findings of
Fact” as listed in Section 155, to determine if the proposed use supports the Comprehensive Plan. From the
Findings of Fact criteria listed in Section 155-3(b), approval of Special Use Permit Application SUP-03-23
supports the four Findings of Fact listed below:
1. That the use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved. – the proposed use will occupy vacant
land and observe minimum setbacks.
2. That the use meets all required conditions and specifications. – the proposed use will be constructed
in accordance with Duke Energy’s standards and specifications.
3. That the use will not substantially injure the value of adjoining or abutting property, or that the use
is a public necessity. – the proposed use will be screened from public view by existing vegetation.
4. That the location and character of the use if developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general conformity
with the comprehensive plan. – the location of the proposed facility will be set back from a public
road (Jim Thorpe Highway) and adjacent properties, while being in close proximity to the buildings
that they serve.
Staff Recommendation
For the Subject Property, based on the existing industrial use and entitlements on-site, adjacency to lands
with existing Industrial future land use designation, consistency with Guiding Principle No. 2 and Goals
Nos. 2, 4, 7, and 8 of that principle, and in support of continued economic development/job creation in
Person County, Planning & Zoning Department staff recommends that the Board of Commissioners
approve Special Use Permit SUP-03-23 for the Polywood Facility Substation project, with the following
conditions:
1. The Applicant obtains all required permits from the County Environmental Health Department,
Planning & Zoning Department, and Inspections Department; and
2. The Applicant obtains required permits from the North Carolina Department of Environmental
Quality and any other agency to achieve construction, operations, and maintenance of the Subject
Property.
Attachments:
Exhibit A – General Map
Exhibit B – Aerial Photo
Exhibit C – Future Land Use Map
Exhibit D – Zoning Map
Exhibit E – Site Plan
19
67 2067 20
A69 53A69 53
A69 313A69 313
A58 192A58 192
67 18B67 18B
A58 41BA58 41B
A58 34A58 34
A58 34A58 34
A69 305A69 305
A58 112A58 112
A58 189A58 189
A58 189A58 189
£¤501 Jim Thorpe HwyJim Thorpe HwyHalifax RdHalifax RdExhibit A: General Map
¯
Easements
Easement
Utility
All Other
Roads
Highway
Secondary
Parcels
1 inch = 250 feet
20
67 2067 20
A69 53A69 53
A69 313A69 313
A58 192A58 192
67 18B67 18B
A58 41BA58 41B
A58 34A58 34
A58 34A58 34
A69 305A69 305
A58 112A58 112
A58 189A58 189
A58 189A58 189
£¤501 Jim Thorpe HwyJim Thorpe HwyHalifax RdHalifax RdExhibit B: Aerial Photo
¯
Easements
Easement
Utility
All Other
Roads
Highway
Secondary
Parcels
1 inch = 250 feet
21
67 2067 20
A69 53A69 53
A69 313A69 313
A58 192A58 192
67 18B67 18B
A58 41BA58 41B
A58 34A58 34
A58 34A58 34
A69 305A69 305
A58 112A58 112
A58 189A58 189
A58 189A58 189
£¤501 Jim Thorpe HwyJim Thorpe HwyHalifax RdHalifax RdExhibit C:Future Land Use Map
¯
Easements
Easement
Utility
All Other
Roads
Highway
Secondary
Parcels
Industrial
Rural
1 inch = 250 feet
22
67 2067 20
A69 53A69 53
A69 313A69 313
A58 192A58 192
67 18B67 18B
A58 41BA58 41B
A58 34A58 34
A58 34A58 34
A69 305A69 305
A58 112A58 112
A58 189A58 189
A58 189A58 189
£¤501 Jim Thorpe HwyJim Thorpe HwyHalifax RdHalifax RdExhibit D: Zoning Map
¯
Easements
Easement
Utility
All Other
Roads
Highway
Secondary
Parcels
R: Residential
R-C: Rural Conservation
1 inch = 250 feet
23
PROPOSED STORMWATER POND 1020 Euclid Avenue Charlotte, NC 28202 • 980.201.5505www.thomasandhutton.comExhibit E: Site Plan24
Person County
March 28, 2023
Applicant: Mr. Jason Seaman, Thomas & Hutton
Tax Map Numbers & Location:
Tax Map No. A69-313 – the ±31.33-acre site is located at 3090 Jim Thorpe Highway (U.S. Highway 501)
within the Polywood campus and has a Parcel Identification No. of 0928-00-00-9814.000. The proposed
land use of an electrical substation to be adjacent to the existing Duke Energy transmission lines will be
used to serve the Polywood facilities located on adjacent parcels with Tax Map Nos. A69-53 & A69-305 to
supply electrical power to operate those facilities.
Upon review of the Site Plan submitted for the project, Planning staff has no additional comments.
PLANNING & ZONING DEPARTMENT
325 S. Morgan St., Suite B
Roxboro, NC 27573
Special Use Permit (SUP-03-23) Site Plan Review for the Polywood Facility Substation
25
Person County GIS
325 S Morgan St, Suite D
Roxboro, NC 27573
Sallie Vaughn
GIS Director
svaughn@personcountync.gov
336-597-2242
Zack Wynne
GIS Analyst
zwynne@personcountync.gov
336-597-2242
Contact Us
www.personcountync.gov
To: BV/WESTON JIM THORPE SPE LLC
CC: PC Development Services, PC Emergency Services
Date: 4/4/2023
Re: E-911 Address Assignment
Please be advised, Person County has assigned an E-911 address for:
Tax Parcel: 29217
Tax Map: A69 313
Verified As: 31.33 ACRES/TRACT 1B-B/VACANT
Per: Plat Cabinet 18 Hanger 101
3090 Jim Thorpe Hwy, Roxboro, NC 27574
If the structure location, orientation, access, or parcel
information changes during construction, this address is subject
to change.
This address is based on a calculation of the approximate location of the
structure to the roadway. Address assignment is based on the Ordinance
Regulating Addressing and Road Naming in Person County that was
adopted by the Board of Commissioners, September 23, 2013.
The Post Office will advise you where your mailbox is to be erected. If
your home is more than 100 feet from the road, please place an address
sign at your driveway entrance.
If you have further questions or concerns regarding this matter, please
feel free to contact GIS Department staff with the contact information
provided.
Best regards,
Sallie Vaughn
26
A69 313
x x
$720.00
3/10/23
SUP-000003-2023
27
28
3/10/23
REC-006222-2023
Sarah Moore
Courier-Times Newspaper
4/20/23 & 4/27/23
5/1/23
29
AGENDA ABSTRACT
Meeting Date: May 1, 2023
Agenda Title: Public Hearing SUP-04-23, a request by Gary Garrett (“Applicant” and “Property
Owner”), of ±16.27-acres (Subject Property), located along the northwest side of Thomas Store
Road at Tax Map #A95-26 and Parcel #0954-00-37-1948.000, to approve Special Use Permit SUP-
04-23 in an RC (Rural Conservation) zoning district for the Garrett Recreational Vehicle Park, per
Sections 60-7 and 155-2 of the Planning Ordinance.
Summary of Information:
The Subject Property is a ±16.27-acre vacant parcel located along the northwest side of Thomas
Store Road at Tax Map #A95-26 and Parcel #0954-00-37-1948.000. The proposed development
will be located at the southwestern portion of the site for up to six (6) recreational vehicle (RV)
pads; leaving a remainder of the parent tract for open space, a pond, and future development
potential. The proximity of the RV park also serves visitors to the adjacent Roxboro Motorsports
Park located across Thomas Store Road. The proposed RV park is buffered to the north by an
existing large pond, existing mature vegetation to the west, Thomas Store Road to the south and
east, and the required 50-ft. bufferyards, per the Section 155-2(10)(c) of the Planning Ordinance.
The zoning designation of RC (Rural Conservation) is compatible with a Rural future land use
designation for the Subject Property. Per Appendix C, Table of Permitted Uses of the Person
County Planning Ordinance, a Camper/Recreational Park is a permitted use in the RC zoning
district with Special Use Permit approval. Also, Section 4 of the Person County & City of Roxboro
Comprehensive Plan (Comprehensive Plan) includes four (4) Guiding Principles. The following
Guiding Principles and identified goals are listed that provides justification for supporting Special
Use Permit Application SUP-04-23 and the development of an RV park on the Subject Property:
Guiding Principle No. 1 – Celebrating Our Rural Character & Lifestyle
Goal No. 1.4 – Support the diversification of agricultural related activity (i.e. outdoor
recreation) to strengthen the financial position and viability of farming.
Guiding Principle No. 3 – Building a Strong & Vibrant Community
Goal No. 1.3 – Provide high quality parks and recreational opportunities.
A Site Plan has also been provided by the Applicant that shows the proposed location of the RV
park that meets Sections 60-7 and 155-2 of the Planning Ordinance. The plan includes the access
driveway, bufferyards, pad locations, utility locations, the existing pond, and the remaining natural
vegetation and existing creek.
30
Recommended Action:
Per the Person County Planning Ordinance, the Board of Commissioners shall also address a
“Findings of Fact” as listed in Section 155, to determine if the proposed use supports the
Comprehensive Plan. From the Findings of Fact criteria listed in Section 155-3(b), approval of
Special Use Permit Application SUP-04-23 supports the four Findings of Fact listed below:
1. That the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan as submitted and approved. – there are no
proposed negative materials to be located at the park and the park is designed to all County
ordinances.
2. That the use meets all required conditions and specifications. – the proposed use meets all
of the bufferyard and other requirements of the County.
3. That the use will not substantially injure the value of adjoining or abutting property, or that
the use is a public necessity. – the Roxboro Motorsports Park has been located nearby for
60 years. This RV park will provide available campers for area visitors and race fans.
4. That the location and character of the use if developed according to the plan as submitted
and approved will be in harmony with the area in which it is to be located and in general
conformity with the Comprehensive Plan. – the RV park will become an asset to the
community by making camping and fishing available for recreation.
The proposed use, as a small RV park in close proximity to the Roxboro Motorsports Park, fishing,
and trails, attracts visitors to the area. This continues to keep the motorsports park as a viable
economic generator for the community, as well as diversifies recreational opportunities for the
region. The limitation of up to six (6) RV pads, while preserving natural features and leaving the
remainder of the Subject Property for open space, is also a form of sustainable economic
development. These activities are consistent with and support the Comprehensive Plan by allowing
for low-impact recreational land use, while preserving the rural character of the area. It also serves
as a compatible land use to the adjacent motorsports park.
Based on the above, the Planning & Zoning Department staff recommends that the Board of
Commissioners approve Special Use Permit SUP-04-23 for the Garrett Recreational Vehicle Park
project, with the following conditions:
1. The Applicant obtains all required permits from the County Environmental Health
Department, Planning & Zoning Department, and Inspections Department; and
2. The Applicant obtains required permits from the North Carolina Department of
Environmental Quality and any other agency to achieve construction, operations, and
maintenance of the Subject Property.
Submitted By: Chris Bowley, AICP, Planning & Zoning Director
31
Garrett Recreational Vehicle ParkSPECIAL USE PERMIT APPLICATIONSUP –04 –2332
Garrett Recreational Vehicle Park (SUP‐04‐23)IntroductionThe Subject Property is ±16.27‐acresLocated between Thomas Store Rd. & Pixley Pritchard Rd.Across Thomas Store Rd. from the Roxboro Motorsports ParkSupports area economic development by supporting the adjacent sports parkProposed recreational vehicle park with up to six (6) RV padsFollowing Planning Ordinance criteria for location, consistent with Comp PlanCompatible land use to existing uses and keeps rural character of area33
Garrett Recreational Vehicle Park (SUP‐04‐23)Exhibit A: General Map34
Garrett Recreational Vehicle Park (SUP‐04‐23)Exhibit B: Aerial Photo35
Garrett Recreational Vehicle Park (SUP‐04‐23)Exhibit C: Future Land Use Map36
Garrett Recreational Vehicle Park (SUP‐04‐23)Exhibit D: Zoning Map37
Garrett Recreational Vehicle Park (SUP‐04‐23)Exhibit E: Site Plan38
Garrett Recreational Vehicle Park (SUP‐04‐23)Findings of FactPer the Person County Planning Ordinance, the Board of Commissioners shall also address a “Findings of Fact” as listed in Section 155, todetermine if the proposed use supports the Comprehensive Plan. From the Findings of Fact criteria listed in Section 155‐3(b), approval ofSpecial Use Permit Application SUP‐04‐23 supports the four Findings of Fact listed below:1.That the use will not materially endanger the public health or safety if located where proposed and developed according to theplan as submitted and approved. – there are no proposed negative materials to be located at the park and the park is designed to allCounty ordinances.2.That the use meets all required conditions and specifications. – the proposed use meets all of the bufferyard and otherrequirements of the County.3.That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity.–theRoxboro Motorsports Park has been located nearby for 60 years. This RV park will provide available campers for area visitors andrace fans.4.That the location and character of the use if developed according to the plan as submitted and approved will be in harmony withthe area in which it is to be located and in general conformity with the Comprehensive Plan.–theRVparkwillbecomeanassettothe community by making camping and fishing available for recreation.39
Garrett Recreational Vehicle Park (SUP‐04‐23)Staff Recommendation & Potential MotionBased on the above, the Planning & Zoning Department staff recommends that the Board ofCommissioners approve Special Use Permit SUP‐04‐23 for the Garrett Recreational Vehicle Parkproject, with the following conditions and potential motion:“I hereby move to approve Special Use Permit SUP‐04‐23 for the Garrett Recreational VehiclePark project, with the following conditions:1.The Applicant obtains all required permits from the County Environmental HealthDepartment, Planning & Zoning Department, and Inspections Department; and2.The Applicant obtains required permits from the North Carolina Department ofEnvironmental Quality and any other agency to achieve construction, operations, andmaintenance of the Subject Property.”40
Garrett Recreational Vehicle Park (SUP‐04‐23)Thank You41
PERSON COUNTY PLANNING & ZONING DEPARTMENT
STAFF REPORT
Special Use Permit Application SUP-04-23 for the Garrett Recreational Vehicle Park (Subject Property).
Request
The Applicant, Gary Garrett (“Applicant” and “Property Owner”), is requesting Special Use Permit (SUP)
approval to locate a recreational vehicle park (Garrett Recreational Vehicle Park) within an RC (Rural
Conservation) zoned property. The SUP application is for the development of the recreational vehicle park
(RV park) to provide recreational opportunities on the Subject Property and in close proximity to the
Roxboro Motorsports Park.
Location, Current Land Use, & Land Use Compatibility
The Subject Property is a ±16.27-acre vacant parcel located along the northwest side of Thomas Store Road
at Tax Map #A95-26 and Parcel #0954-00-37-1948.000 (see Exhibit A: General Map and Exhibit B: Aerial
Photo). The site is on a tract between Thomas Store Road and Pixley Pritchard Road. The proposed RV
park will be located along the Thomas Store Road frontage, closest to the Roxboro Motorsports Park. The
proposed RV park is considered a low-impact use of the land.
The preservation of mature vegetation and the pond will buffer and screen this use from adjacent properties
and keeps the rural character of the area. Also, Thomas Store Road will act as a bufferyard to existing
residential homes to the north and east. The Applicant followed the Planning Ordinance in the design of the
proposed development, including Sections 60-7 and 155-2, that address Site Plans and additional criteria
for RV parks and their buffering. The current vacant land use of the Subject Property is also consistent and
compatible with adjacent land uses, as follows:
North – farms, residential homes, and vacant land.
East – motorsports park, residential homes, and vacant land.
South – farms, residential homes, and vacant land.
West – farms, residential homes, and vacant land.
Comprehensive Plan, Zoning, & Site Plan
The zoning designation of RC (Rural Conservation) is compatible with a Rural future land use designation
for the Subject Property (see Exhibit C: Future Land Use Map and Exhibit D: Zoning Map). Per Appendix
C, Table of Permitted Uses of the Person County Planning Ordinance, a Camper/Recreational Park is a
permitted use in the RC zoning district with Special Use Permit approval. The following are adjacent land
use and zoning designations:
North – Rural future land use and RC zoning classifications.
East – Rural future land use and RC zoning classifications.
South – Rural future land use and RC zoning classifications.
West – Rural future land use and RC zoning classifications.
From the Person County & City of Roxboro Joint Comprehensive Land Use Plan (Comprehensive Plan):
“The Rural future land use category is intended to promote the protection of agricultural lands and natural
resources while allowing low density residential development (minimum lot size of one acre). Cluster or
42
SUP-04-23 Application Staff Report
Board of Commissioners Meeting on May 1, 2023
Page 2 of 3
conservation subdivisions, which permit higher density residential development while setting aside land for
preservation should also be permitted in Rural areas. The Rural future land use category should permit
neighborhood-scale commercial development at, and within 1,000 feet of, major intersections (examples
include Timberlake, Olive Hill, Hurdle Mills, etc.). Development regulations should limit floor area of
retail and similar uses in these rural commercial nodes. Agricultural and agricultural-support uses, along
with other typical rural commercial enterprises should be permitted throughout these areas, without
limitation.”
Section 4 of the Comprehensive Plan also includes four (4) Guiding Principles. The following Guiding
Principles and identified goals are listed that provides justification for supporting Special Use Permit
Application SUP-04-23 and the development of an RV park on the Subject Property:
Guiding Principle No. 1 – Celebrating Our Rural Character & Lifestyle
Goal No. 1.4 – Support the diversification of agricultural related activity (i.e. outdoor recreation)
to strengthen the financial position and viability of farming.
Guiding Principle No. 3 – Building a Strong & Vibrant Community
Goal No. 1.3 – Provide high quality parks and recreational opportunities.
A Site Plan has also been provided by the Applicant that shows the proposed location of the RV park that
meets Sections 60-7 and 155-2 of the Planning Ordinance. The plan includes the access driveway,
bufferyards, pad locations, utility locations, the existing pond, the remaining natural vegetation, and the
existing creek (see Exhibit E: Site Plan).
Planning Staff Analysis
The proposed use, as a small RV park in close proximity to the Roxboro Motorsports Park, fishing, and
trails, attracts visitors to the area. This continues to keep the motorsports park as a viable economic
generator for the community, as well as diversifies recreational opportunities for the region. The limitation
of up to six (6) RV pads, while preserving natural features and leaving the remainder of the Subject Property
for open space, is also a form of sustainable economic development. These activities are consistent with
and supports the Comprehensive Plan by allowing for low-impact recreational land use, while preserving
the rural character of the area. It also serves as a compatible land use to the adjacent motorsports park.
Per the Person County Planning Ordinance, the Board of Commissioners shall also address a “Findings of
Fact” as listed in Section 155, to determine if the proposed use supports the Comprehensive Plan. From the
Findings of Fact criteria listed in Section 155-3(b), approval of Special Use Permit Application SUP-04-23
supports the four Findings of Fact listed below:
1. That the use will not materially endanger the public health or safety if located where proposed and
developed according to the plan as submitted and approved. – there are no proposed negative
materials to be located at the park and the park is designed to all County ordinances.
2. That the use meets all required conditions and specifications. – the proposed use meets all of the
bufferyard and other requirements of the County.
3. That the use will not substantially injure the value of adjoining or abutting property, or that the use
is a public necessity. – the Roxboro Motorsports Park has been located nearby for 60 years. This
RV park will provide available campers for area visitors and race fans.
4. That the location and character of the use if developed according to the plan as submitted and
approved will be in harmony with the area in which it is to be located and in general conformity
with the comprehensive plan. – the RV park will become an asset to the community by making
camping and fishing available for recreation.
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SUP-04-23 Application Staff Report
Board of Commissioners Meeting on May 1, 2023
Page 3 of 3
Staff Recommendation
Based on the above, the Planning & Zoning Department staff recommends that the Board of Commissioners
approve Special Use Permit SUP-04-23 for the Garrett Recreational Vehicle Park project, with the
following conditions:
1. The Applicant obtains all required permits from the County Environmental Health Department,
Planning & Zoning Department, and Inspections Department; and
2. The Applicant obtains required permits from the North Carolina Department of Environmental
Quality and any other agency to achieve construction, operations, and maintenance of the Subject
Property.
Attachments:
Exhibit A – General Map
Exhibit B – Aerial Photo
Exhibit C – Future Land Use Map
Exhibit D – Zoning Map
Exhibit E – Site Plan
44
A107 6A107 6
A107 6A107 6
A95 39A95 39
A95 63A95 63
A95 52A95 52
A95 2A95 2
A95 50A95 50 A95 3AA95 3A
A107 41A107 41
A95 40A95 40
A95 48A95 48
A107 57A107 57
A95 85A95 85
A96 135A96 135
A95 3A95 3
A96 3A96 3
A95 58A95 58 A95 53A95 53
A95 53A95 53
A95 60A95 60 A106 3A106 3
A106 3A106 3
A95 49A95 49
A95 54A95 54
A95 26A95 26
A95 51A95 51
A107 6AA107 6A
A95 59A95 59
Pixley Pritchard Rd
Pixley Pritchard Rd
Thomas Store RdThomas Store RdExhibit A: General Map
¯
Easements
Easement
Roads
Local
Parcels
1 inch = 250 feet
45
A107 6A107 6
A107 6A107 6
A95 39A95 39
A95 63A95 63
A95 52A95 52
A95 2A95 2
A95 50A95 50 A95 3AA95 3A
A107 41A107 41
A95 40A95 40
A95 48A95 48
A107 57A107 57
A95 85A95 85
A96 135A96 135
A95 3A95 3
A96 3A96 3
A95 58A95 58 A95 53A95 53
A95 53A95 53
A95 60A95 60 A106 3A106 3
A106 3A106 3
A95 49A95 49
A95 54A95 54
A95 26A95 26
A95 51A95 51
A107 6AA107 6A
A95 59A95 59
Pixley Pritchard Rd
Pixley Pritchard Rd
Thomas Store RdThomas Store RdExhibit B: Aerial Photo
¯
Easements
Easement
Roads
Local
Parcels
1 inch = 250 feet
46
A107 6A107 6
A107 6A107 6
A95 39A95 39
A95 63A95 63
A95 52A95 52
A95 2A95 2
A95 50A95 50 A95 3AA95 3A
A107 41A107 41
A95 40A95 40
A95 48A95 48
A107 57A107 57
A95 85A95 85
A96 135A96 135
A95 3A95 3
A96 3A96 3
A95 58A95 58 A95 53A95 53
A95 53A95 53
A95 60A95 60 A106 3A106 3
A106 3A106 3
A95 49A95 49
A95 54A95 54
A95 26A95 26
A95 51A95 51
A107 6AA107 6A
A95 59A95 59
Pixley Pritchard Rd
Pixley Pritchard Rd
Thomas Store RdThomas Store RdExhibit C: Future Land Use Map
¯
Easements
Easement
Roads
Local
Parcels
Rural
1 inch = 250 feet
47
A107 6A107 6
A107 6A107 6
A95 39A95 39
A95 63A95 63
A95 52A95 52
A95 2A95 2
A95 50A95 50 A95 3AA95 3A
A107 41A107 41
A95 40A95 40
A95 48A95 48
A107 57A107 57
A95 85A95 85
A96 135A96 135
A95 3A95 3
A96 3A96 3
A95 58A95 58 A95 53A95 53
A95 53A95 53
A95 60A95 60 A106 3A106 3
A106 3A106 3
A95 49A95 49
A95 54A95 54
A95 26A95 26
A95 51A95 51
A107 6AA107 6A
A95 59A95 59
Pixley Pritchard Rd
Pixley Pritchard Rd
Thomas Store RdThomas Store RdExhibit D: Zoning Map
¯
Easements
Easement
Roads
Local
Parcels
R-C: Rural Conservation
1 inch = 250 feet
48
Exhibit E: Site Plan49
Person County
March 28, 2023
Applicant: Mr. Gary Garrett
Tax Map Numbers & Location:
Tax Map No. A95-26 – the ±31.33-acre site is located at along the northwest side of Thomas Store Road
and has a Parcel Identification No. of 0954-00-37-1948.000. The proposed land use of a recreational
vehicle park will be used for recreation and overnight stay for visitors to the adjacent Roxboro
Motorsports Park.
Upon review of the Site Plan submitted for the project, Planning staff has the following comments:
1. The Site Plan does not show the entire property, which may be provided on a separate sheet.
2. Please add a Vicinity Map.
3. The internal circulation pattern is not shown.
4. Please include the existing and proposed impervious area.
5. Please add the total land area (in square feet) that is not included in the adjacent right-of-way.
PLANNING & ZONING DEPARTMENT
325 S. Morgan St., Suite B
Roxboro, NC 27573
Special Use Permit (SUP-04-23) Site Plan Review for the Garrett RV Park
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AGENDA ABSTRACT
Meeting date: May 1, 2023
Agenda Title: Uniform Guidance Policies and Related Documents related to the use and
eligibility determination for expenditures under the American Rescue Plan and Coronavirus
State and Local Fiscal Recovery Fund
Summary of Information:
The Finance Director is submitting required Uniform Guidance policies and related
documents related to the use and eligibility determination for expenditures under the
American Rescue Plan (ARP) and Coronavirus State and Local Fiscal Recovery Fund
(CSLFRF). Highlights of each document are included below:
Eligible Use
• The eligible use policy ensures that ARP/CSLFRF funds are expended for projects that fall
within the allowed uses stipulated by program requirements. The policy should codify
procedures for
o requesting and approving projects,
o documenting the aforementioned approval, and
o identifying and saving any required supporting documents
• The policy must also identify and codify the individual(s) responsible for performing the
review processes and implementing controls, as well as address the governing board's role
in the project approval process.
Allowable Cost
• The allowable cost policy ensures that funds expended for ARP/CSLFRF projects are
documented in detail and are proven to be allowed expenditures as per program
requirements, primarily the federal Uniform Guidance provisions. The allowable cost
policy should implement procedures to
o determine that a cost item is reasonable, allowable, allocable, consistently treated,
and properly documented;
o identify a cost item as direct or indirect; and
o allow for review of certain identified cost items for special treatment, justification,
and/or documentation
Project Request Eligibility Determination and Allowable Cost Review
• This document is intended to serve as proof that a project request using ARP/CSLFRF
funds satisfies the eligible use and allowable cost requirements set out by federal
guidelines, primarily Uniform Guidance provisions. The document specifies what the
project funds are being used for, outlines all cost items, and affirms that the project is in
line with eligible use and allowable cost requirements.
Recommended Action:
Adopt the required Eligible Use Policy, Allowable Cost Policy, and Eligibility Determination
and Allowable Cost Review document that provide Uniform Guidance provisions under the
ARP/CSLFRF programs.
Submitted By: Amy Wehrenberg, Finance Director
54
RESOLUTION FOR ELIGIBLE USE OF EXPENDITURES UNDER AMERICAN RESCUE
PLAN ACT OF 2021 CORONAVIRUS STATE AND LOCAL FISCAL RECOVERY FUNDS
BY PERSON COUNTY
WHEREAS Person County, has received an allocation of funds from the Coronavirus State and
Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (ARP/CSLFRF); and
WHEREAS US Treasury is responsible for implementing ARP/CSLFRF and has enacted a Final Rule
outlining eligible projects; and
WHEREAS the funds may be used for projects within these categories, to the extent authorized
by state law.
1. Support COVID‐19 public health expenditures, by funding COVID‐19 mitigation and
prevention efforts, medical expenses, behavioral healthcare, preventing and responding
to violence, and certain public health and safety staff;
2. Address negative economic impacts caused by the public health emergency, including
economic harms to households, small businesses, non‐profits, impacted industries, and
the public sector;
3. Replace lost public sector revenue, using this funding to provide government services to
the extent of the reduction in revenue experienced due to the pandemic;
4. Provide premium pay for essential workers, offering additional support to those who have
borne and will bear the greatest health risks because of their service in critical
infrastructure sectors; and,
5. Invest in water, sewer, and broadband infrastructure, making necessary investments to
improve access to clean drinking water, support vital wastewater and stormwater
infrastructure, and to expand access to broadband internet; and
WHEREAS the ARP/CSLFRF are subject to the provisions of the federal Uniform Grant Guidance,
2 CFR Part 200 (UG), as provided in the Assistance Listing; and
WHEREAS US Treasury has issued a Compliance and Reporting Guidance v.5.0 (September, 2022)
dictating implementation of the ARP/CSLFRF award terms and compliance requirements; and
WHEREAS the Compliance and Reporting Guidance states on page 6 that
Per 2 CFR Part 200.303, your organization must develop and implement effective
internal controls to ensure that funding decisions under the SLFRF award constitute
eligible uses of funds, and document determinations.
BE IT RESOLVED that Person County hereby adopts and enacts the following Eligibility
Determination Policy for ARP/CSLFRF Funds:
55
Eligibility Determination Policy for American Rescue Plan Act of 2021
Coronavirus State and Local Fiscal Recovery Funds
This policy defines the permissible and prohibited uses of the Coronavirus State and Local Fiscal
Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (ARP/CSLFRF) funds. It also
outlines the procedures for determining how Person County will spend its ARP/CSLFRF funds.
I. PERMISSIBLE USES OF ARP/CSLFRF FUNDING
US Treasury issued its Final Rule regarding use of ARP/CSLFRF funds on January 6, 2022. (The
Final Rule is effective as of April 1, 2022. Until that date, a local government may proceed under
the regulation promulgated by US Department of the Treasury in its Interim Final Rule or the
Final Rule.) The Final Rule (and the Interim Final Rule) identify permissible uses of ARP/CSLFRF
funds and certain limitations and process requirements. Local governments must allocate
ARP/CSLFRF funds no later than December 31, 2024 and disburse all funding no later than
December 31, 2026. Failure of an entity to expend all funds by December 31, 2026 will result in
forfeiture of ARP/CSLFRF funds.
ARP/CSLFRF funds may be used for projects within the following categories of expenditures:
1. Support COVID‐19 public health expenditures, by funding COVID‐19 mitigation and
prevention efforts, medical expenses, behavioral healthcare, preventing and responding
to violence, and certain public health and safety staff;
2. Address negative economic impacts caused by the public health emergency, including
economic harms to workers, households, small businesses, non‐profits, impacted
industries, and the public sector;
3. Replace lost public sector revenue, using this funding to provide government services to
the extent of the reduction in revenue experienced due to the pandemic;
4. Provide premium pay for essential workers, offering additional support to those who have
borne and will bear the greatest health risks because of their service in critical
infrastructure sectors; and
5. Invest in water, sewer, and broadband infrastructure, making necessary investments to
improve access to clean drinking water, support vital wastewater and stormwater
infrastructure, and to expand access to broadband internet; and
II. PROHIBITED USES OF ARP/CSLFRF FUNDING
The ARP/CSLFRF and US Treasury’s Final Rule prohibit certain uses of ARP/CSLFRF funds.
Specifically, ARP/CSLFRF funds may not be used for projects within the following categories of
expenditures:
1. To make a deposit into a pension fund that constitutes an extraordinary payment of
an accrued, unfunded liability (Note that routine contributions as part of a payroll
obligation for an eligible project are allowed.);
56
2. To borrow money or make debt service payments;
3. To replenish rainy day funds or fund other financial reserves;
4. To satisfy an obligation arising from a settlement agreement, judgment, consent
decree, or judicially confirmed debt restricting in a judicial, administrative, or
regulatory proceeding (There is an exception to this prohibition if the settlement or
judgment requires Person County to provide services to respond to the COVID‐19
public health emergency or its negative economic impacts or to provide government
services, then the costs of those otherwise ARP/CSLFRF‐eligible projects are
allowed.);
5. For a project that includes a term or condition that undermines efforts to stop the
spread of COVID‐19 or discourages compliance with recommendations and
guidelines in CDC guidance for stopping the spread of COVID‐19;
6. In violation of the conflict‐of‐interest requirements imposed by the award terms and
2 CFR 200.318(c).
7. For any expenditure that would violate other applicable federal, state, and local laws
and regulations.
Person County, and any of its contractors or subrecipients, may not expend any ARP/CSLFRF
funds for these purposes.
III. PROCEDURES FOR PROJECT APPROVAL
The following are procedures for ARP/CSLFRF project approvals. All Person County employees
and officials must comply with these requirements.
1. Requests for ARP/CSLFRF funding, must be made in writing and include all the following:
a. Brief description of the project
b. Identification of ARP/CSLFRF Expenditure Category (EC) (A list of ECs in in the
Appendix to the US Treasury Compliance and Reporting Guidance.)
c. Required justifications for applicable projects, according to the requirements in
the Final Rule. Employees or any applicant seeking ARP/CSLFRF funding should
review the Final Rule and Final Rule Overview prior to submitting a proposal.
d. Proposed budget, broken down by cost item, in accordance with Person County’s
Allowable Cost Policy.
e. A project implementation plan and estimated implementation timeline (All
ARP/CSLFRF funds must be fully obligated by December 31, 2024, and fully
expended by December 31, 2026.)
2. Requests for funding must be submitted to the Finance Director for approval. All
requests will be reviewed by the Finance Director for ARP/CSLFRF compliance and by
the Assistant Finance Director for allowable costs and other financial review.
3. No ARP/CSLFRF funds may be obligated or expended before approval by the Board of
Commissioners and final written approval by the Finance Director.
4. If a proposal does not meet the required criteria, it will be returned to the requesting
party for revision and resubmittal.
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5. Following approval, employees responsible for implementing the project must conform
actual obligations and expenditures to the pre‐approved project budget. Changes in
project budgets must be approved by the County Manager and may require a budget
amendment before proceeding. Any delay in the projected project completion date shall
be communicated to the County Manager immediately.
6. The Finance Department must collect and document required information for each EC,
for purposes of completing the required Project and Expenditure reports.
7. The Finance Department must maintain written project requests and approvals, all
supporting documentation, and financial information at least until December 31, 2031.
Adopted this 1st day of May 2023.
__________________________________
Gordon Powell, Chairman
Person County Board of Commissioners
ATTEST:
__________________________________
Brenda B. Reaves
Clerk to the Board of Commissioners
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RESOLUTION FOR ALLOWABLE COSTS AND COST PRINCIPLES FOR
EXPENDITURE OF AMERICAN RESCUE PLAN ACT CORONAVIRUS STATE AND
LOCAL FISCAL RECOVERY FUNDS BY PERSON COUNTY
WHEREAS Person County has received an allocation of funds from the Coronavirus State and
Local Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (ARP/CSLFRF);
and
WHEREAS the funds may be used for projects within these categories, to the extent authorized
by state law.
1. Support public health expenditures, by funding COVID-19 mitigation efforts, medical
expenses, behavioral healthcare, and certain public health and safety staff;
2. Address negative economic impacts caused by the public health emergency, including
economic harms to workers, households, small businesses, impacted industries, and the
public sector;
3. Replace lost public sector revenue, using this funding to provide government services to
the extent of the reduction in revenue experienced due to the pandemic;
4. Provide premium pay for essential workers, offering additional support to those who have
borne and will bear the greatest health risks because of their service in critical infrastructure
sectors; and,
5. Invest in water, sewer, and broadband infrastructure, making necessary investments to
improve access to clean drinking water, support vital wastewater and stormwater
infrastructure, and to expand access to broadband internet; and
WHEREAS the ARP/CSLFRF are subject to the provisions of the federal Uniform Grant
Guidance, 2 CFR Sect. 200 (UG), as provided in the Assistance Listing; and
WHEREAS the Compliance and Reporting Guidance for the State and Local Fiscal Recovery
Funds provides, in relevant part:
Allowable Costs/Cost Principles. As outlined in the Uniform Guidance at 2 CFR Part
200, Subpart E regarding Cost Principles, allowable costs are based on the premise that a
recipient is responsible for the effective administration of Federal awards, application of
sound management practices, and administration of Federal funds in a manner consistent
with the program objectives and terms and conditions of the award. Recipients must
implement robust internal controls and effective monitoring to ensure compliance with the
Cost Principles, which are important for building trust and accountability.
ARP/CSLFRF Funds may be, but are not required to be, used along with other funding
sources for a given project. Note that ARP/CSLFRF Funds may not be used for a non-
Federal cost share or match where prohibited by other Federal programs, e.g., funds may
not be used for the State share for Medicaid.
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Treasury’s Final Rule and guidance and the Uniform Guidance outline the types of costs
that are allowable, including certain audit costs. For example, per 2 CFR 200.425, a
reasonably proportionate share of the costs of audits required by the Single Audit Act
Amendments of 1996 are allowable; however, costs for audits that were not performed in
accordance with 2 CFR Part 200, Subpart F are not allowable. Please see 2 CFR Part 200,
Subpart E regarding the Cost Principles for more information.
a. Administrative costs: Recipients may use funds for administering the
ARP/CSLFRF program, including costs of consultants to support effective
management and oversight, including consultation for ensuring compliance
with legal, regulatory, and other requirements. Further, costs must be
reasonable and allocable as outlined in 2 CFR 200.404 and 2 CFR 200.405.
Pursuant to the ARP/CSLFRF Award Terms and Conditions, recipients are
permitted to charge both direct and indirect costs to their ARP/CSLFRF award
as administrative costs. Direct costs are those that are identified specifically as
costs of implementing the ARP/CSLFRF program objectives, such as contract
support, materials, and supplies for a project. Indirect costs are general
overhead costs of an organization where a portion of such costs are allocable to
the ARP/CSLFRF award such as the cost of facilities or administrative
functions like a director’s office. Each category of cost should be treated
consistently in like circumstances as direct or indirect, and recipients may not
charge the same administrative costs to both direct and indirect cost categories,
or to other programs. If a recipient has a current Negotiated Indirect Costs Rate
Agreement (NICRA) established with a Federal cognizant agency responsible
for reviewing, negotiating, and approving cost allocation plans or indirect cost
proposals, then the recipient may use its current NICRA. Alternatively, if the
recipient does not have a NICRA, the recipient may elect to use the de minimis
rate of 10 percent of the modified total direct costs pursuant to 2 CFR
200.414(f).
b. Salaries and Expenses: In general, certain employees’ wages, salaries, and
covered benefits are an eligible use of ARP/CSLFRF award funds; and
WHEREAS Subpart E of the UG dictates allowable costs and cost principles for expenditure of
ARP/CSLFRF funds; and
WHEREAS Subpart E of the UG (specifically, 200.400) states that:
The application of these cost principles is based on the fundamental premises that:
(a) The non-Federal entity is responsible for the efficient and effective
administration of the Federal award through the application of sound
management practices.
(b) The non-Federal entity assumes responsibility for administering Federal
funds in a manner consistent with underlying agreements, program
objectives, and the terms and conditions of the Federal award.
(c) The non-Federal entity, in recognition of its own unique combination of
staff, facilities, and experience, has the primary responsibility for
employing whatever form of sound organization and management
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techniques may be necessary in order to assure proper and efficient
administration of the Federal award.
(d) The application of these cost principles should require no significant
changes in the internal accounting policies and practices of the non-Federal
entity. However, the accounting practices of the non-Federal entity must be
consistent with these cost principles and support the accumulation of costs
as required by the principles, and must provide for adequate documentation
to support costs charged to the Federal award.
(e) In reviewing, negotiating and approving cost allocation plans or indirect
cost proposals, the cognizant agency for indirect costs should generally
assure that the non-Federal entity is applying these cost accounting
principles on a consistent basis during their review and negotiation of
indirect cost proposals. Where wide variations exist in the treatment of a
given cost item by the non-Federal entity, the reasonableness and equity of
such treatments should be fully considered.
(f) For non-Federal entities that educate and engage students in research, the
dual role of students as both trainees and employees (including pre- and
post-doctoral staff) contributing to the completion of Federal awards for
research must be recognized in the application of these principles.
(g) The non-Federal entity may not earn or keep any profit resulting from
Federal financial assistance, unless explicitly authorized by the terms and
conditions of the Federal award;
BE IT RESOLVED that the governing board of Person County hereby adopts and enacts the
following Allowable Costs and Cost Principles Policy for Expenditure of ARPA/CSLFRF Funds:
Allowable Costs and Cost Principles Policy for Expenditure of American
Rescue Plan Act of 2021 Coronavirus State and Local Fiscal Recovery Funds
I. OVERVIEW
Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards, commonly called Uniform Guidance
(UG), specifically Subpart E, defines those items of cost that are allowable, and which are
unallowable. The tests of allowability under these principles are: (a) the costs must be
reasonable; (b) they must be allocable to eligible projects under the Coronavirus State and Local
Fiscal Recovery Funds of H.R. 1319 American Rescue Plan Act of 2021 (ARP/CSLFRF); (c)
they must be given consistent treatment through application of those generally accepted
accounting principles appropriate to the circumstances; and (d) they must conform to any
limitations or exclusions set forth in these principles or in the ARP/CSLFRF grant award as to
types or amounts of cost items. Unallowable items fall into two categories: expenses which are
by their nature unallowable (e.g., alcohol), and unallowable activities (e.g., fund raising).
Person County shall adhere to all applicable cost principles governing the use of federal grants.
This policy addresses the proper classification of both direct and indirect charges to
ARP/CSLFRF funded projects and enacts procedures to ensure that proposed and actual
expenditures are consistent with the ARP/CSLFRF grant award terms and all applicable federal
regulations in the UG.
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Responsibility for following these guidelines lies with the County Manager and the Finance
Director, who are charged with the administration and financial oversight of the ARP/CSLFRF.
Further, all local government employees and officials who are involved in obligating,
administering, expending, or monitoring ARP/CSLFRF grant funded projects should be well
versed with the categories of costs that are generally allowable and unallowable. Questions on
the allowability of costs should be directed to the Finance Director. As questions on allowability
of certain costs may require interpretation and judgment, local government personnel are
encouraged to ask for assistance in making those determinations.
II. GENERAL COST ALLOWABILITY CRITERIA
All costs expended using ARP/CSLFRF funds must meet the following general criteria:
1. Be necessary and reasonable for the proper and efficient performance and
administration of the grant program.
A cost must be necessary to achieve a project object. When determining whether a cost is
necessary, consideration may be given to:
○ Whether the cost is needed for the proper and efficient performance of the grant
project.
○ Whether the cost is identified in the approved project budget or application.
○ Whether the cost aligns with identified needs based on results and findings from a
needs assessment.
○ Whether the cost addresses project goals and objectives and is based on program
data.
A cost is reasonable if, in its nature and amount, it does not exceed that which would be
incurred by a prudent person under the circumstances prevailing at the time the decision
to incur the cost was made. For example, reasonable means that sound business practices
were followed, and purchases were comparable to market prices. When determining
reasonableness of a cost, consideration must be given to:
○ Whether the cost is a type generally recognized as ordinary and necessary for the
operation of Person County or the proper and efficient performance of the federal
award.
○ The restraints or requirements imposed by factors, such as: sound business
practices; arm’s-length bargaining; federal, state, and other laws and regulations;
and terms and conditions of the ARP/CSLFRF award.
○ Market prices for comparable goods or services for the geographic area.
○ Whether individuals concerned acted with prudence in the circumstances
considering their responsibilities to Person County, its employees, the public at
large, and the federal government.
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○ Whether Person County significantly deviates from its established practices and
policies regarding the incurrence of costs, which may unjustifiably increase the
ARP/CSLFRF award’s cost.
2. Be allocable to the ARP/CSLFRF federal award. A cost is allocable to the
ARP/CSLFRF award if the goods or services involved are chargeable or assignable to the
ARP/CSLFRF award in accordance with the relative benefit received. This means that
the ARP/CSLFRF grant program derived a benefit in proportion to the funds charged to
the program. For example, if 50 percent of a local government program officer’s salary is
paid with grant funds, then the local government must document that the program officer
spent at least 50 percent of his/her time on the grant program.
If a cost benefits two or more projects or activities in proportions that can be determined
without undue effort or cost, the cost must be allocated to the projects based on the
proportional benefit. If a cost benefits two or more projects or activities in proportions
that cannot be determined because of the interrelationship of the work involved, then the
costs may be allocated or transferred to benefitted projects on any reasonable documented
basis. Where the purchase of equipment or other capital asset is specifically authorized by
the ARP/CSLFRF, the costs are assignable to the Federal award regardless of the use that
may be made of the equipment or other capital asset involved when no longer needed for
the purpose for which it was originally required.
3. Be authorized and not prohibited under state or local laws or regulations.
4. Conform to any limitations or exclusions set forth in the principles, federal laws,
ARP/CSLFRF award terms, and other governing regulations as to types or amounts
of cost items.
5. Be consistent with policies, regulations, and procedures that apply uniformly to both
the ARP/CSLFRF federal award and other activities of Person County.
6. Be accorded consistent treatment. A cost MAY NOT be assigned to a federal award as
a direct cost and also be charged to a federal award as an indirect cost. And a cost must
be treated consistently for both federal award and non-federal award expenditures.
7. Be determined in accordance with generally accepted accounting principles
(GAAP), unless provided otherwise in the UGG.
8. Be net of all applicable credits. The term “applicable credits” refers to those receipts or
reduction of expenditures that operate to offset or reduce expense items allocable to the
federal award. Typical examples of such transactions are purchase discounts; rebates or
allowances; recoveries or indemnities on losses; and adjustments of overpayments or
erroneous charges. To the extent that such credits accruing to and received by the local
government related to the federal award, they shall be credited to the ARP/CSLFRF
award, either as a cost reduction or a cash refund, as appropriate and consistent with the
award terms.
9. Be adequately documented.
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III. COST ALLOWABILITY REVIEW PROCESS
PREAPPROVAL COST ALLOWABILITY REVIEW
Before an ARP/CSLFRF-funded project is authorized, the County Manager and the Finance
Director must review the proposed cost items within an estimated project budget to determine
whether they are allowable and allocable and whether cost items will be charged as direct or
indirect expenses. This review will occur concurrently with the review of project eligibility and
before obligating or expending any ARP/CSLFRF funds.
Local government personnel must submit proposed ARP/CSLFRF projects to the County
Manager and Finance Director for review. In addition to other required information, all
proposed project submissions must delineate estimated costs by cost item.
Along with a general review of project eligibility and conformance with other governing
board management directives, if required, the Finance Director must review estimated
costs for specific allowable cost requirements, budget parameters, indirect rates, fringe
benefit rates, and those activities/costs that require pre-approval by the US Treasury.
If a proposed project includes a request for an unallowable cost, the Finance Director will
return the proposal to the requesting party for review and, if practicable, resubmission
with corrected cost items.
Once a proposed project budget is pre-approved by the Finance Director, the local
government personnel responsible for implementing the project must conform actual
obligations and expenditures to the pre-approved project budget.
POST-EXPENDITURE COST ALLOWABILITY REVIEW
Once an expenditure is incurred related to an eligible project, and an invoice or other demand for
payment is submitted to the local government, the Finance Director must perform a second
review to ensure that actual expenditures comprise allowable costs.
All invoices or other demands for payment must include a breakdown by cost item. The
cost items should mirror those presented in the proposed budget for the project. If an
invoice or other demand for payment does not include a breakdown by cost item, the
Finance Director will return the invoice to the project manager and/or vendor, contractor,
or subrecipient for correction.
The Finance Director must review the individual cost items listed on the invoice or other
demand for payment to determine their allowability and allocability.
If all cost items are deemed allowable and properly allocable, the Finance Director must
proceed through the local government’s normal disbursement process.
If any cost item is deemed unallowable, the Finance Director will notify the project
management and/or vendor, contractor, or subrecipient that a portion of the invoice or
other demand for payment will not be paid with ARP/CSLFRF funds. The Finance
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Director may, in their discretion, and consistent with this policy, allow an invoice or
other demand for payment to be resubmitted with a revised cost allocation. If the local
government remains legally obligated by contract or otherwise to pay the disallowed cost
item, it must identify other local government funds to cover the disbursement. Person
County’s governing board must approve any allocation of other funds for this purpose.
The Finance Director must retain appropriate documentation of budgeted cost items per
project and actual obligations and expenditures of cost items per project.
IV. COST TRANSFERS
Any costs charged to the ARP/CSLFRF federal award that do not meet the allowable cost criteria
must be removed from the award account and charged to an account that does not require
adherence to federal UGG or other applicable guidelines.
Failure to adequately follow this policy and related procedures could result in questioned costs,
audit findings, potential repayment of disallowed costs and discontinuance of funding.
Adopted this 1st day of May 2023.
__________________________________
Gordon Powell, Chairman
Person County Board of Commissioners
ATTEST:
__________________________________
Brenda B. Reaves
Clerk to the Board of Commissioners
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American Rescue Plan Act of 2021 Coronavirus State and Local Fiscal Recovery Fund
Eligibility Determination and Allowable Cost Review
BASIC INFORMATION AND DESCRIPTION:
Program/Project Name: Employee Salaries and Benefits Payment
Responsible Department: Finance
Program/Project Manager Name: Katherine Cathey, County Manager; Amy Wehrenberg, Finance Director
Total Amount Requested: $7,670,470
Internal Account Code(s):
(assigned by Finance)
450
Treasury Expenditure Category Level: 6 Revenue Replacement
Treasury Expenditure Category: 6.1 Provision of Government Services
ELIGIBILITY REVIEW:
Revenue Replacement
☒ Standard Allowance ☐ Formula Approach (Include documentation of
formula amount)
Person County is electing to use the Standard Allowance option in order to utilize ARP/CSLFRF funds to make up for lost
revenue during the COVID‐19 pandemic. These monies will be used to replace Person County employee salaries and
benefits, as well funding a grant match for the GREAT grant for broadband infrastructure.
JUSTIFICATION AND LEGAL REVIEW FOR STATE AUTHORITY:
Person County is using the funds to pay for employee salaries, benefits, and a grant match for the GREAT grant, which are all uses
authorized by North Carolina statute.
PROGRAM ADMINISTRATION INFORMATION:
Proposed Project Budget, delineated by Cost Item for Allowable Cost Review. Review conducted in accordance with Allowable Cost
Policy.
U.G.
Provisions
Cost Items Estimated
Amount
Necessary/
Reasonable
% Allocable Additional Documentation
N/A Employee Salaries $4,920,470 Yes 100% County payroll records
N/A Employee Benefits Yes 100% County payroll records
County benefits journal entries
County employee benefits policy
N/A Broadband
Expansion
$2,750,000 Yes 100% Contract with ZiTel and North
Carolina
Total Direct Costs Choose an
item.
Indirect Costs* $0.00 Choose an
item.
Total Project Budget $7,670,470
*Indirect cost allocation is optional. A local government may charge as direct expenses to the ARP/CSLFRF grant the
proportional share of administrative expenses. If a local government charges indirect costs, they are calculated as 10% of
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Modified Total Direct Costs. MTDC means all direct salaries and wages, applicable fringe benefits, materials and supplies,
services, travel, and up to the first $25,000 of each subaward (regardless of the period of performance of
the subawards under the award). MTDC EXCLUDES equipment, capital expenditures, charges for patient care, rental
costs, tuition remission, scholarships and fellowships, participant support
SPECIAL REQUIREMENTS OR LIMITATIONS:
Document any special requirements or limitations that apply to this Expenditure Category and/or project.
PROJECT & EXPENDITURE REPORTING DATA ELEMENTS BY EXPENDITURE CATEGORY (EC):
Identify project reporting elements for applicable Expenditure Category (Consult pages 19‐34 in the Compliance and Reporting
Guide) and ensure that this information is documented as required.
EC Required Reporting Data Elements
Documented Information?
6.1
N/A. (There are no special data reporting elements for revenue replacement
expenditures.)
PROHIBITIONS VERIFICATION:
Conduct preliminary review to determine that project does not violate any of the prohibited terms of the ARP/CSLFRF. By checking
boxes below, reviewer confirms that project does not constitute a prohibited expenditure.
☒ Project does not contravene the statutory purpose of ARP/CSLFRF, including program, service, or capital expenditure that includes
a term or condition that undermines efforts to stop the spread of COVID‐19
☒ No prohibited Conflict of Interest (document review below)
☒ Project does not violate applicable state and federal laws and local ordinances
☒ No pension fund deposit
☒ No borrowings or debt service
☒ No financial reserves
N/A
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AGENDA ABSTRACT
Meeting Date: May 1, 2023
Agenda Title: GREAT Grant Agreement
Summary of Information: The Growing Rural Economies with Access to Technology (GREAT)
Grant Agreement establishes terms for the use of grant funding provided by the NC Department of
Information Technology (NCDIT) to Zitel to assist with infrastructure costs related directly to the
expansion of broadband services in Person County. The GREAT grant awards Zitel an amount not
to exceed $1,936,153.80 with a 15% match for the purpose of deploying broadband services to a
total of 655 locations, including 612 households and 43 businesses. By accepting the agreement,
Person County commits to a total contribution of $170,837.10 or 7.5% in matching funds to Zitel.
The County is using American Rescue Plan Act (ARPA) revenue replacement funds for making the
match.
Zitel representatives will attend the May 15 Board of Commissioners meeting to provide an update
on their plans for expanding broadband infrastructure and services in Person County.
Recommended Action: Authorize the county manager to sign the GREAT Grant Agreement, which
will be submitted to NCDIT by May 4, 2023.
Submitted By: Brian D. Hart, Assistant County Manager
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AGENDA ABSTRACT
Meeting Date: May 1, 2023
Agenda Title: Lease of Aircraft Hangar at Raleigh Regional Airport at Person County
Summary of Information: Person County received a verbal proposal for the lease of the county’s
new corporate hangar, located at 499 Montgomery Drive, Timberlake, NC. The lessee, Bully
Aeroplane Works and Airshows, has offered $20,000 per month with a five-year lease term. County
Attorney Ellis Hankins prepared a draft lease agreement, which is included in the agenda packet. A
draft also has been provided to the potential Lessee for their consideration.
Recommended Action: Consider approval of attached Aircraft Hangar Lease.
Submitted By: Ray Foushee, General Services Director
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PERSON COUNTY
NORTH CAROLINA
AIRCRAFT HANGAR LEASE
RALEIGH REGIONAL AIRPORT AT PERSON COUNTY
This agreement, made and entered into on the ________ day of May, 2023, by and between
Person County, North Carolina, a unit of local government under North Carolina law, hereinafter
called the Lessor, and PMG Aero, Inc., a North Carolina corporation, hereinafter called the Lessee.
WHEREAS, the Lessor owns and operates an airport known as the Raleigh Regional Airport at
Person County, and Lessee wishes to lease from the Lessor a hangar at the airport and underlying
real property, hereinafter more fully described;
NOW, THEREFORE, for and in consideration of the rental charges, covenants, and agreements
herein contained, the Lessee does hereby lease from the Lessor the following premises, rights, and
easements on and to the airport upon the following terms and conditions.
1.Hangar and Property Description: Lessor hereby leases to Lessee the new aircraft hangar
structure and associated apron and immediately surrounding and underlying real property
located at 499 Montgomery Drive, Timberlake, NC 27583, as shown on the attached drawing
labeled “Land Description” and bearing the street address of the hangar property. The hangar
and property are more particularly described as follows:
The subject is an existing corporate aircraft hangar that was constructed in 2022 and contains
18,000 rentable square feet, of which 2,400 square feet is finished/ built-out as office space
and 15,600 square feet consists of airplane hangar storage space. The subject site area is
0.7431-acres. The hangar site area is a part of a larger tax parcel/ land area. The improvements
are located at the Raleigh Regional Airport at Person County, owned by Person County.
2.Term: The term of this lease shall be for a period of five (5) years commencing on June 1,
2023 and terminating on May 31, 2028.
3.Renewal: At the termination of the stated term, this Lease will renew and continue
automatically on a year-to-year basis, unless and until either party gives written notice of the
intent to terminate the Lease, to the other party, at least 60 days prior to the termination date
or any anniversary thereof. All terms and conditions of this Lease shall remain in full force and
effect during the continuation of this Lease, except that the monthly rent will increase as
provided below.
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If the Lessee wishes to discuss renewing this lease after the expiration of the initial five-year
term or successive one-year terms for more than an additional one year, Lessee shall give
Lessor written notice thereof at least six (6) months prior to the expiration of the then current
term. Lessor will not be obligated to renew the lease for a longer term.
4. Rent: Lessee agrees to pay to Lessor for the use of the premises, rights, and easements herein
described a monthly rental of TWENTY THOUSAND DOLLARS ($20,000) during Year One.
Monthly lease payments (rent) are payable in advance on the commencement date and on the
first day of each month thereafter, by check payable to Person County, bank automatic deposit
(Automated Clearing House, or ACH transfer), or other means mutually agreed to between the
Lessee and the Person County Finance Director.
5. Deposit. Before or upon the commencement date, Lessee shall pay to Lessor an amount equal
to one month’s rent as a deposit. Through the term of the lease, Lessor may apply the deposit
to cover unpaid rent that is due and payable, and also damage to the hangar and property other
than normal wear and tear. Lessor shall pay the remaining balance of the deposit to Lessee at
the termination of the lease.
6. Annual Rent Adjustments: On each annual anniversary after the commencement date, the
monthly rent will increase by Two and One-Half Percent (2.5%). To illustrate, the monthly
rent during Year Two will increase to TWENTY THOUSAND FIVE HUNDRED DOLLARS
($20,500). The monthly rent during Year Three will be 2.5% higher than that amount.
7. Utilities and Maintenance: The Lessee shall be responsible for payment of all utility and
internet expenses (gas, electric, telephone, heat, etc.). Lessor shall be responsible for all
reasonably necessary maintenance expenses.
8. Other Fees: Nothing herein restricts Lessor's right to impose, and Lessee's obligation to pay,
any and all generally applicable other fees which Lessor may establish from time to time for
Airport services and privileges.
9. Hangar Use: Hangar shall be used for an aeronautical purpose such as:
a. Storage of airworthy aircraft;
b. Shelter for maintenance, repair, or refurbishment of aircraft, but not the indefinite
storage of non-operational aircraft;
c. Non-commercial construction of amateur-built or kit-built aircraft;
d. Storage of aircraft handling equipment, (e.g. tow bar, glider tow equipment, work
benches, tools and materials used to service aircraft); and
e. Storage of materials related to an aeronautical activity (e.g., balloon and skydiving
equipment, office equipment, teaching tools).
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Provided the hangar is used primarily for an aeronautical purpose, Lessee may store non-
aeronautical items in the hangar provided they do not:
a. Impede the movement of the aircraft in and out of the hangar;
b. Displace the aeronautical contents of the hangar. A vehicle parked at the hangar while
the vehicle owner is using the aircraft will not be considered to displace the aircraft;
c. Impede access to other aeronautical contents of the hangar; and
d. Violate building codes or local ordinances.
Lessee shall not conduct non-aeronautical business activities out of the hangar nor store
items in support of a non-aeronautical business.
At no time shall the Lessee store any flammable material (except for fuel in the aircraft) nor
shall the Lessee store explosives or other dangerous or hazardous materials, in or around the
hangar, without the Lessor's prior written consent.
Lessee shall not hereafter make use of the premises in any manner which might create electrical
or electronic interference with navigational signals or radio communications, impair the ability
of pilots to visually distinguish the airfield, or otherwise endanger the landing, taking off, or
maneuvering of aircraft. Lessor reserves the right to enter upon the premises hereby and abate
any such hazard at the expense of Lessee.
Lessee shall not construct permanent improvements to the hangar structure or underlying real
property without notice to and permission of Lessor, including any necessary regulatory
permission.
10. Nonexclusive Rights: Lessee shall have the nonexclusive right, in common with others so
authorized:
a. To use the common areas of the airport, including runways, taxiways, aprons, roadways,
floodlights, landing lights, signals and other conveniences for the take-off, flying and
landing of aircraft.
b. To use the airport parking areas, appurtenances and improvements thereon, but this shall
not restrict the right of the Lessor to charge fees for the use of such areas.
c. To use all access ways to and from the premises, limited to streets, driveways or
sidewalks designated for such purposes by the Lessor, and which right shall extend to
Lessee's employees, passengers, guests, invitees, and patrons.
11. Signs: No signs or advertising matter may be erected on the leased premises without the prior
written consent of the Lessor.
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12. Rules and Regulations: The Lessee agrees to observe and obey all current and future laws,
ordinances, rules and regulations promulgated and enforced by the Lessor and by other proper
authority having jurisdiction over the conduct of operations at the airport, provided the same
are consistent with the procedures proscribed or approved from time-to-time by the Federal
Aviation Administration for landing and taking off of Lessee's aircraft.
13. Security: Lessee shall comply at all times with all federal, state and local security and safety
regulations, and other applicable requirements. The hangar shall be locked at all times when
an aircraft is stored in the hangar and Lessee, or Lessee’s agent, is not present at the hangar.
Keys shall not be left in any unattended aircraft whether or not the aircraft is located within a
hangar.
14. Occupants: No person or entity may occupy the hangar except the Lessee, without the prior
written consent of the Lessor. However, nothing herein shall prohibit the Lessee from
permitting another person or entity to store aircraft temporarily in the Lessee's hangar. It is
understood that any long-term storage requires the permission of the Lessor and any entity
which permits temporary storage for profit must obtain an FBO permit from the Lessor.
15. Commercial Operations: Nothing herein shall authorize the Lessee to conduct any
business operations or to act as a Fixed Base Operator (FBO) on the premises leased
herein. All such activities are prohibited without the prior written approval of the Lessor.
However, nothing herein shall be construed to prohibit the Lessee from performing any
services on its own aircraft with its own regular employees (including, but not limited to,
maintenance, repair and renovation) that it may choose to perform.
16. Hangar Maintenance: The Lessor will maintain and repair the hangar, associated
appurtenances, and the surrounding land in a safe, useful, painted, and orderly condition. In
the event of fire or any other damage or casualty to structures owned by the Lessor, the Lessor
shall repair or replace the damaged structure with a reasonable time.
17. Airport Maintenance: Lessor reserves the right, but shall not be obligated to Lessee, to
maintain and keep in repair the landing and taxi areas of the airport and all publicly owned
facilities of the airport, together with the right to direct and control all activities of Lessee in
this regard.
18. Airport Development: The Lessor reserves the right to further develop and improve the
airport as Lessor sees fit, regardless of the desires or views of the Lessee, and without
interference or hindrance from the Lessee. If the development of the airport requires the
removal and/or relocation of the Lessee's hangar building, the Lessor and Lessee agree that
such removal and/or relocation shall occur pursuant to the following terms and conditions:
a. The Lessor will provide the Lessee with written notice at least 180 days prior to said
removal and/or relocation, and
b. The Lessor shall, at Lessor’s sole discretion, relocate the Lessee's building to a new
location on the airport.
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19. Snow Removal: The Lessor agrees to plow and remove snow, at no extra charge, from the
taxiways and apron in front of the hangar, except within 10 feet of hangar doors. The manner,
speed and timeliness of snow removal shall be in the sole discretion of the Lessor, and may
vary from year-to-year and from snowfall-to-snowfall. Snow removal from in front of the
hangar shall be accomplished only after all runways, aprons, and primary taxiways have been
first cleared. Lessee hereby releases and holds the Lessor harmless from any liability for any
and all damages, incurred by the Lessee, caused by or arising from the manner, speed or
timeliness of the Lessor's snow removal.
20. Right to Inspect: Lessor reserves the right to enter upon the premises at any reasonable time
for the purpose of making any inspection it may deem expedient to the proper enforcement of
any of the covenants or conditions of this agreement, or to the operation of the airport.
21. Hold Harmless: The Lessor shall not be liable to the Lessee for, and Lessee shall hold the
Lessor harmless from, any and all claims, damages or losses caused by the acts or omissions
of the Lessee, its family, guests, invitees, employees, agents, representatives or servants,
relating to or arising out of Lessee's use and enjoyment of the Airport or the rights and
privileges granted by this Lease. The Lessor shall not be liable for any loss or damage, not
caused by negligent acts or omissions of the Lessor, which Lessee may sustain from:
a. Theft or burglary in or about the premises;
b. Delay or interruption in any utility service from any cause whatsoever;
c. Fire, water, rain, frost, snow, gas, odors or fumes from any source whatsoever;
d. Any injury to any person or damage to any property; or
e. Failure to keep the Airport premises, appurtenances, fixtures and/or equipment in repair.
22. Abandonment: If the Lessee fails to use the hangar for the purpose of storing aircraft owned
by the Lessee for a continuous period of 12 months, then the Lessor may, in Lessor's sole
discretion, terminate this lease.
23. Liens and Encumbrances: The Lessee shall neither create, nor cause or permit to be created,
any lien, encumbrance, security interest or other charge, including liens for work, labor or
materials furnished, or alleged to have been furnished, on the leased premises.
24. Default and Termination:
a. Default Defined: Lessee shall be deemed in default upon
i. Failure to pay rent or any other properly imposed fee within 30 days after due date.
ii. The filing of any petition under the Federal Bankruptcy Act or any amendment
thereto, including a petition for reorganization.
iii. The commencement of any proceeding for dissolution or appointment of a receiver.
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iv. An assignment for the benefit of creditors.
v. Violation of any of the other terms or conditions of this lease after written notice to
cease and/or correct such violation has been served upon the Lessee by the Lessor,
and after the Lessee has failed to correct such violation within thirty (30) days of
service of such notice (or such later deadline as may be established in the Notice
by the Lessee). Mailing notice by U.S. Mail, Certified Mail, shall constitute
"service" of notice. In the case of a violation which cannot with due diligence be
cured within a period established, the Lessee may apply to the Lessor for an
extension of time within which to cure said violation.
b. Effect of Default: Default by the Lessee shall authorize the Lessor, at its sole option, to
declare this lease void, to cancel the same, and to re-enter and take possession of the
premises.
c. Remedies: Except otherwise provided herein, no right or remedy herein conferred shall
be considered exclusive of any other right or remedy and each and every right and remedy
shall be cumulative and in addition to any other right and remedy given hereunder, or
now or hereafter existing at law or in equity or by statute.
d. Restoration of Property: Upon termination of this lease, the Lessee shall remove all of
its buildings, equipment, and property, and restore the leased premises to its original
vacant condition, unless the Lessor agrees, in writing, to accept all or any part of the
property which the Lessee wishes to abandon.
e. Non-waiver: Any intentional or unintentional waiver by the Lessor of any violation of
this Contract by the Lessee shall not be construed or interpreted to be a waiver of any
other prior, subsequent or contemporaneous violation.
25. Lease Transfer: The Lessee may not assign or transfer this agreement or any interest
contained herein, without the consent of the Lessor, which consent shall not be unreasonably
withheld.
26. Subordination Clause: This lease shall be subordinate to the provisions of any existing or
future agreement between the Lessor and the United States or the State of North Carolina
relative to the operation or maintenance of the airport, the execution of which has been or may
be required as a condition precedent to the expenditure of federal or state funds for the
development of the airport. Furthermore, this lease may be amended to include provisions
required by those agreements with the United States or the State of North Carolina.
27. National Emergency: During time of War or other State or National emergency, the Lessor
shall have the right to suspend this Contract, and to turn over operation and control of the
Airport to the State of North Carolina and/or the United States Government. During any
period when the airport shall be closed by any lawful authority, thereby restricting the use of
the airport in such a manner as to interfere with the use of same by Lessee, the rent shall
abate, and the period of such closure shall be added to the term of this lease so as to extend
and postpone the expiration thereof.
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28. Nondiscrimination: The Lessee, as a part of the consideration hereof, does hereby covenant
and agree as a covenant running with the land that:
a. No person on the grounds of race, color, gender or national origin shall be excluded
from participation in, denied the benefits of, or be otherwise subjected to discrimination
in the use of the Subject Property or Lessee’s Improvements.
b. In the construction of any improvements on, over, or under such land and the furnishing
of services thereon, no person on the grounds of race, color, or national origin shall be
excluded from participation in, denied the benefits of, or otherwise be subjected to
discrimination,
c. The Lessee shall use the Subject Property and Lessee’s Improvements in compliance
with all other requirements imposed by or pursuant to Title 49, Code of Federal
Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination, in Federally-assisted programs of the Department of
Transportation-Effectuation of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
29. Applicable Forum and Dispute Resolution: This lease agreement shall be construed under
North Carolina law. Any claim arising out of or relating to this lease or any alleged breach
thereof, which cannot be settled between the parties by mediation or otherwise, may be filed
as a civil action in Person County Superior Court.
30. Severability: Any provisions in this lease agreement that are held to be invalid by any court
of competent jurisdiction shall be considered deleted from this lease, but such deletion shall in
no way affect any other provision herein contained so long as such deletion does not materially
prejudice Lessor or Lessee in their respective rights and obligations contained in the valid
remaining covenants, conditions and provisions of the lease, and when such occurs, only such
other covenants, conditions or provisions shall be deleted as are incapable of enforcement.
31. Lessor Interest and Authority: Lessor covenants that it holds good and unencumbered title
to the hangar and underlying real property, that it has statutory authority to enter into this lease
agreement, and that the Person County Board of Commissioners has authorized the Chairman
to execute this agreement.
IN WITNESS THEREOF, the Lessor and Lessee, by and through the undersigned, have
signed and set their hand and seal the day and year first above written.
[EXECUTION PROVISIONS AND SIGNATURES ON FOLLOWING PAGE]
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LESSOR, PERSON COUNTY, NORTH CAROLINA (COUNTY OF PERSON):
_________________________________________
Gordon Powell
Chairman, Person County Board of Commissioners
(SEAL)
ATTEST:
____________________________
Brenda B. Reaves
Clerk to the Board of Commissioners
STATE OF NORTH CAROLINA
COUNTY OF PERSON
I, ______________________________________, a Notary Public for said County and
State, do hereby certify that Gordon Powell personally appeared before me this day and
acknowledged that he/she has executed the foregoing instrument.
Witness my hand and official seal/stamp, this _____ day of _________________, 2023.
__________________________________________ (SEAL)
Notary Public
My Commission Expires: _______________________
LESSEE, PMG AERO, INC.:
__________________________________________ (SEAL)
Eric Minnis, President
STATE OF NORTH CAROLINA
COUNTY OF _____________________
I, ______________________________________, a Notary Public for said County and
State, do hereby certify that Eric Minnis personally appeared before me this day and acknowledged
that he/she has executed the foregoing instrument.
Witness my hand and official seal/stamp, this _____ day of _________________, 2023.
__________________________________________ (SEAL)
Notary Public
My Commission Expires: _______________________
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AGENDA ABSTRACT
Meeting Date: May 1, 2023
Agenda Title: Late Fine-Free Policy and Passport Acceptance Facility
Summary of Information: At the April 10, 2023 Library Advisory Board (LAB) meeting, the
LAB voted unanimously to implement a late fine-free policy and to become a passport
acceptance facility in July 2023. The late fine-free policy eliminates the cumulative bill for late
materials. The library will still collect fees for lost or damaged items. The library sets a fee for
lost and damaged items based on the cost of the item plus a $2 processing fee. The LAB will
implement the $35 per application passport processing fee set by the U.S. Department of State.
These two changes will be incorporated in the FY24 recommended fee schedule for approval by
the Board of Commissioners in the annual budget. The new passport acceptance service will
replace some or all of the lost revenues associated with the implementation of the fine-free
policy and ensure that residents have access to passport services locally.
Recommended Action: Authorize the Library to establish a late fine-free policy and begin serving
as a passport acceptance facility and indicate support for the fee changes that will be recommended
in the FY24 Fee Schedule (below).
Departmen
t Fee Type
FY2023
Adopte
d
FY2024
Recommended
Library
Overdue fines for books, audios, CDs, magazines
(individual item cap $5.00)
$0.20 per
day No overdue fines
Overdue fines for DVD's (individual item cap $5.00)
$1.00 per
day No overdue fines
Passport processing fee New $35.00
Submitted By: Kayli Reyna, Library Director
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