The URL can be used to link to this page

08-21-2023 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 August 21, 2023 9:00am 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 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 #1 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.Approval of Minutes of August 7, 2023 (pgs. 3-10),B.Budget Amendment #4 (pg. 11), C.Approval of Home and Community Care Block Grant for Older Adults FY24 Agreement for the Provision of County-Based Services (pgs. 12-22),D.Home & Community Care Block Grant Funding FY24 (pgs. 23-26),E.Home & Community Care Block Grant Final Reports FY23 (pgs. 27-29), andF.Lease Renewal of Maxway Building (Tax/Register of Deeds) (pgs. 30-38) 1 NEW BUSINESS: ITEM #2 (pg. 39) Appointment of Clerk to the Board ………………………………... Katherine Cathey CHAIRMAN’S REPORT MANAGER’S REPORT COMMISSIONER REPORTS/COMMENTS CLOSED SESSION #1 A motion to enter into Closed Session per General Statute 143-318.11(a)(5) to establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Brenda Reaves, Clerk in Training Michele Solomon, County Attorney Ellis Hankins, Finance Director Amy Wehrenberg, Assistant Finance Director Tracy Clayton, General Services Director Ray Foushee, Doug Brock, Senior Managing Director, Newmark, Doug Carter, President and Managing Director, DEC Associates, Inc. and Andrew Carter, Director, DEC Associates Inc. Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 2 August 7, 2023 1 PERSON COUNTY BOARD OF COMMISSIONERS AUGUST 7, 2023 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Katherine M. Cathey, County Manager C. Derrick Sims Brenda B. Reaves, Clerk to the Board Kyle W. Puryear S. Ellis Hankins, County Attorney Charlie Palmer Jason Thomas The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, August 7, 2023 at 7:00pm in the Commissioners’ Boardroom 215 in the Person County Office Building located at 304 S. Morgan Street, Roxboro, NC. Chairman Powell called the meeting to order and offered an invocation. Vice Chairman Sims led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Puryear and carried 5-0 to approve the agenda. INFORMAL COMMENTS: Chairman Powell stated each individual would have three minutes to address the Board. The following individuals appeared before the Board to make informal comments: Mr. Larry Cole of 314 Lewis Winstead Loop, Roxboro and business owner of the Furniture Mart located on Madison Boulevard asked the Board’s consideration to support a request to NC DOT for a traffic signal to be added at the Madison Boulevard and Clayton Avenue intersection to assist traffic flow and increase safety for the shopping and food retail services along the Boulevard. Mr. Cole said he would be making the same request before the Roxboro City Council at its meeting on August 8, 2023. Ms. Liz Bradsher of 976 Estate Road, Semora requested the Board’s consideration to support the Person County GOP’s Resolution Supporting the Identification of Party Affiliation for the Board of Education candidates in Person County as adopted in March 2023. Ms. Bradsher stated the state currently has 43 school districts that now have partisan elections for the board of education; she said this would afford voters to have more information about the candidates. 3 August 7, 2023 2 Ms. P.J. Gentry of 541 Byrd Creek Lane, Hurdle Mills asked why the Board of Commissioners, a full republican board, has not had the courtesy to bring forward the Person County GOP’s resolution to put to a vote. Ms. Gentry addressed the Board on the FY24 adopted budget comparing the percentage of total budget to Orange County’s budget as follows: Ms. Gentry also noted that the Board did not make decisions without consultants’ review and evaluation. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Puryear and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of July 17, 2023, B. Approval of Minutes of July 20, 2023, C. Approval of Minutes of July 26, 2023, D. Budget Amendment #2 (CIP), and E. Budget Amendment #3 Person County Total % of Budget Orange County Total % of Budget Education 18 38.5 Economic Development 5 12 Public Safety 21 13 Human Services 23 17.25 General Government 30 5 4 August 7, 2023 3 NEW BUSINESS: AMENDMENT TO BOARD OF COMMISSIONERS 2023 SCHEDULE OF MEETINGS TO ADD A STRATEGIC PLANNING RETREAT: County Manager Katherine M. Cathey requested Board consideration to amend the Board’s 2023 Schedule of Meetings to add a strategic planning retreat. Ms. Cathey noted the Board discussed during the FY24 Budget Retreat that a strategic plan supports accountability, communication, and prioritization. The Board of Commissioners approved a strategic plan for FY20 and set supporting goals during the last three budget processes. Ms. Cathey further noted the Board agreed to schedule a retreat this fall, in advance of the FY25 budget process, to begin the work of establishing a new strategic plan that will include the following components; mission, vision, values, goals, and strategies. Proposed dates for a full- or half-day retreat are October 24, 25, or 26, 2023, in the Person County Office Building Auditorium. Ms. Cathey said the strategic planning retreat may be led by an outside facilitator or internal staff. Facilitators are available through the North Carolina Association of County Commissioners (NCACC), the UNC School of Government, and other organizations. Staff will work with the Board of Commissioners, and a facilitator (if applicable) to develop the strategic planning process. Ms. Cathey asked the Board to discuss the strategic planning process and amend the Board of Commissioners 2023 Schedule of Meetings to add a strategic planning retreat. A motion was made by Commissioner Puryear and carried 5-0 to amend its 2023 Schedule of Meetings to add a strategic planning retreat to be held on October 24, 2023 starting at 9:00am in the County Office Building Auditorium. The Board consented to have the strategic planning retreat led by staff. 5 August 7, 2023 4 6 August 7, 2023 5 7 August 7, 2023 6 APPOINTMENTS TO BOARDS AND COMMITTEES: Clerk to the Board Brenda B. Reaves presented to the Board citizen applications for current vacancies for nomination and appointment as deemed appropriate. Environmental Issues Advisory Committee 3-Year Term: 1 position for a citizen residing in each of the following townships: a) Holloway Township: b) Flat River Township: c) Olive Hill Township: Dave Boellner requested appointment A motion was made by Commissioner Palmer and carried 5-0 to appoint Dave Boellner to the Environmental Issues Advisory Committee representing the Olive Hill Township for a 3-year term. PATS Transportation Advisory Board 3-Year Term: 1 position available for an occupational affiliation representative for a medical related service: 1 unexpired term to 6/30/24 for a representative of economic development/Chamber of Commerce: Samantha Bagbey requested appointment A motion was made by Vice Chairman Sims and carried 5-0 to appoint Samantha Bagbey to fulfill the unexpired term to June 30, 2024 to the PATS Transportation Advisory Board as the economic development/Chamber of Commerce representative. Juvenile Crime Prevention Council Since the Board’s packet was distributed, Elizabeth Haebig, the Health Director’s designee on the Juvenile Crime Prevention Council (JCPC), has resigned and no longer working for Person County. Janet Clayton, Health Director requested appointment of Richard H. Johnson as the health department’s representative to fulfill the unexpired term to June 30, 2025 on JCPC. A motion was made by Commissioner Puryear and carried 5-0 to appoint Richard Johnson to fulfill the unexpired term to June 30, 2025 to the JCPC as the health department representative. 8 August 7, 2023 7 CHAIRMAN’S REPORT: Chairman Powell reported that county officials have a meeting with Duke Energy on August 16, 2023 to further discuss the Duke Energy’s future in Person County. MANAGER’S REPORT: County Manager Katherine Cathey reported a draft of the new Development Ordinance has been shared with the Board of Commissioners and the Planning Board noting an announcement to the public would be shared on social media and in the local paper for ways to view the draft document. Ms. Cathey stated the Planning Board would hear a presentation on the new Development Ordinance at its September 14, 2023 meeting with action at its October 12, 2023 meeting; the Board of Commissioners would hear a presentation and entertain action at its November 6, 2023 meeting. Ms. Cathey announced Michele Solomon was recently hired for the Clerk to the Board/Executive Assistant to the County Manager position and would start on August 15, 2023. COMMISSIONER REPORT/COMMENTS: Commissioner Palmer said Ms. Solomon was a local person and has been with the county 8-10 years with experience with management. There were no reports from Vice Chairman Sims nor Commissioners Thomas and Puryear. 9 August 7, 2023 8 CLOSED SESSION #1 A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed Session #1 at 7:23pm per General Statute 143-318.11(a)(3) for the purpose to consult with the county attorney in order to preserve the attorney-client privilege with the following individuals permitted to attend: County Attorney Ellis Hankins, County Manager Katherine Cathey, Clerk to the Board Brenda Reaves and Economic Development Director Brandy Lynch. Chairman Powell called the Closed Session #1 to order at 7:25pm. A motion was made by Commissioner Puryear and carried 5-0 to return to open session at 7:32pm. ADJOURNMENT: A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the meeting at 7:33pm. _____________________________ ______________________________ Brenda B. Reaves Gordon Powell Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 10 8/21/2023 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 492,600 Public Safety 3,949 REVENUES General Fund Other Revenues 3,949 Fund Balance Appropriation 492,600 Explanation: Account Number Account Description $Revenues incr. (decr.) (cr.) dr. $Expenditures incr. (decr.) dr. (cr.) 100-389890 Miscellaneous Revs 3,949 1004310-435300 Sheriff Office-Maint & Repair/Vehicles 3,949 14090-399991 Reappraisal Fund Balance Appropriation 492,600 1404141-430000 Reappraisal Fund-Contracted Services 492,600 Totals 496,549 496,549 BUDGET AMENDMENT #4 Received insurance claim for repair to Sheriff's Office vehicle ($3,949) and appropriating fund balance in the Reappraisal Fund for 2025 Pearson Appraisal services contract ($492,600). BUDGET ADJUSTMENT BA‐411 AGENDA ABSTRACT Meeting Date: August 21, 2023 Agenda Title: Approval of Home and Community Care Block Grant for Older Adults FY24 Agreement for the Provision of County-Based Services Summary of Information: As provided in Area Plan, community service providers Person County Senior Center (PCSC) and Person County Department of Social Services (PC DSS) share and provide coordination of services for older persons. Grant Administrators are Area Agency – Nancy Francis, Kerr-Tar Council of Governments Area Agency on Aging and Katherine Cathey, Person County Manager. Recommended Action: Approval of Agreement for Provision of County Based Services Submitted By: Maynell Harper, Aging Services Director 12 13 14 15 16 17 18 19 20 21 22 AGENDA ABSTRACT Meeting Date: August 21, 2023 Agenda Title: Home & Community Care Block Grant (HCCBG) Funding FY2023-2024 Summary of Information: Person County HCCBG Committee elected funding to proceed as follows for county funding: Person County Senior Center with a total of $351,281 allocated between Congregate and Home Delivered Nutrition, Transportation, In-Home Aide II and III, and Operations. Person County Department of Social Services receiving a total of $39,032 allocated for In-Home Aide services Level II, III. Total HCCBG funding for Person County is $390,313. This does not include a county match. Recommended Action: Approval of the HCCBG Committee’s funding allocation recommendation for 2023-2024 with acceptance of HCCBG funding for Person County. Submitted By: Maynell Harper, Aging Services Director 23 24 25 26 AGENDA ABSTRACT Meeting Date: August 21, 2023 Agenda Title: Home & Community Care Block Grant (HCCBG) Final Reports FY 2022-2023 Summary of Information: FY 2022-2023 REVISED and FINAL Funding plan to reflect actual spending. Recommended Action: Approval of Revised Provider Service allocations. Submitted By: Maynell Harper, Aging Services Director 27 28 29 AGENDA ABSTRACT Meeting Date: August 21, 2023 Agenda Title: Lease renewal of Maxway Building (Tax/Register of Deeds) Summary of Information: The current 15-year lease on the subject building expires October 9, 2023. Hall’s Agri-Business, LLC, in conjunction with county staff, prepared this proposed lease renewal. County Attorney Ellis Hankins reviewed the proposed agreement and approved it as to legal form. Funding for the lease renewal is included in the FY24 Adopted Budget, and Finance Director Amy Wehrenberg is prepared to pre-audit the agreement. The lease will renew for another 15 years. Two major changes are noted: the rent rate increases from $9.50 to $12.00 per square foot, and there will be an annual rate increase of 2 percent. Recommended Action: Authorize the County Manager to sign the lease agreement. Submitted By: Ray Foushee, General Services Director 30 Lease Agreement NORTH CAROLINA PERSON COUNTY THIS LEASE AGREEMENT, made and entered into this the ______ day of ________, 2023, by and between Hall’s Agri‐Business, LLC, a North Carolina limited liability company with office and place of business at 705 Berryhill Rd, Roxboro, N. C. 27574, hereinaŌer referred to as LESSOR, and Person County, a North Carolina local government, whose address is 304 South Morgan Street, Roxboro, North Carolina, 27573, hereinaŌer referred to as TENANT; WITNESSETH: 1.PREMISES THAT THE LESSOR, in consideraƟon of the rents reserved and of the terms, covenants and condiƟons hereinaŌer referred to, has this day demised and leased unto TENANT the following described tract or parcel of real property: Being that lot and commercial building in the City of Roxboro, Roxboro Township, Person county, North Carolina bounded on the northeast by AbbiƩ Street, bounded on the southeast by Main Street, bounded on the southwest by other property of Hall’s Agri‐Business, LLC and bounded on the northwest by a 12 foot alley and being that lot containing 16,557 square feet (0.38 of an acre) on plat of survey for Hall’s Agri‐Business, LLC surveyed by Jim Morrow, L‐3250 dated May 6, 2008 and recorded in Plat Cabinet 15, Page 521, Person County Registry, which plat is incorporated by reference. This property was formerly known as the Old Maxway Building. 2.TERM TO HAVE AND TO HOLD said demised premises for a ﬁŌeen (15) year term beginning on the 10th day of October 2023 and ending October 9, 2038. The ParƟes may renegoƟate this lease at the end of its term. 3.Rental Tenant agrees to pay Landlord without demand, deducƟon or set off, an annual rent of $12.00 per square foot with an annual rate increase of 2 (two) percent in equal monthly installments for the term of the lease and according to the following schedule: 31 TERM RENT SCHEDULE Annual Rent Monthly Rent Year 1 $153,912.00 $12,826.00 Year 2 $156,990.24 $13,082.52 Year 3 $160,130.04 $13,344.17 Year 4 $163,332.64 $13,611.05 Year 5 $166,599.29 $13,883.27 Year 6 $169,931.27 $14,160.93 Year 7 $173,329.89 $14,444.16 Year 8 $176,796.48 $14,733.04 Year 9 $180,332.40 $15,027.70 Year 10 $183,939.04 $15,328.25 Year 11 $187,617.82 $15,634.82 Year 12 $191,370.17 $15,947.51 Year 13 $195,197.57 $16,266.46 Year 14 $199,101.52 $16,591.79 Year 15 $203,083.55 $16,923.63 4. Landlord Services Landlord shall maintain the outside of the building (including roof) and adjacent alleyway. AddiƟonally, the Landlord shall be responsible for repairs to the HVAC and plumbing systems to the extent that they exceed $250.00 per occurrence. 5. Use of Premises The Premises shall be used for normal governmental office purposes only and no other. The Premises shall not be used for any illegal purposes, nor in any manner to create any nuisance or trespass. 6. Repairs by Landlord Landlord agrees to keep in good repair the roof, foundaƟon and exterior walls of the Premises and underground uƟlity and sewer pipes inside and outside the exterior walls of the building, except repairs rendered necessary by the negligence or intenƟonal wrongful acts of Tenant, its agents, employees or invitees. Landlord shall, throughout the term of this Lease, and any extension or renewal thereof, at its expense, maintain in good order and repair the Premises, including the building repair or broken water or sewer lines, heaƟng and air condiƟoning equipment except as limited above (including but not limited to replacement of parts, compressors, air handling units and heaƟng units) and other improvements located thereon). Landlord further agrees to clean or replace carpet as needed. 7. Repairs by Tenant Tenant accepts the Premises in its present condiƟon and as suited for the uses intended by Tenant. Tenant agrees to return the Premises to Landlord at the expiraƟon or prior terminaƟon of this Lease, in as good condiƟon and repair as when ﬁrst received, natural wear and tear, damage by storm, ﬁre, lightning, earthquake or other casualty alone excepted. Tenant will be responsible for all uƟliƟes, including electricity, gas, water, sewer, trash disposal, taxes, and insurance on the building. Tenant will be responsible for ice and snow removal on sidewalks around the building and for repairing water or sewer line blockages. The landlord agrees to secure at least three compeƟƟve bids on insurance 32 coverage every three years and to exhibit those bids to the tenant for review. Tenant will change the heaƟng and air ﬁlters on a schedule recommended by the HVAC company. Tenant will also keep the building clean, painted and in First Class or Class A condiƟon. 8. Insurance Landlord shall during the term of this Lease and any extension or renewal thereof, and at Tenant’s expense as provided for above, maintain in full force and effect comprehensive general liability insurance with limits of $1,000,000 per person and $1,000,000 per accident and property damage limits of $1,000,000, which insurance shall contain a special endorsement recognizing and insuring any liability accruing to landlord under the ﬁrst sentence of this paragraph and naming tenant as addiƟonal insured. Landlord shall provide evidence of such insurance to tenant prior to the commencement of this term of this Lease. Tenant shall also name Landlord as an addiƟonal insured under its policy of insurance against any liabiliƟes it may incur as a tenant. 9. Removal of Fixtures Tenant may (if not in default hereunder) prior to the expiraƟon of this Lease, or any extension or renewal thereof, remove all ﬁxtures and equipment which it has placed in the Premises, provided Tenant repairs all damage to the Premises caused by such removal. 10. DestrucƟon or of Damage to Premises If the Premises are totally destroyed by storm, ﬁre, lightning, earthquake or other casualty, this Lease shall terminate as of the date of such destrucƟon and rental shall be accounted for as between Landlord and Tenant as of that date. If the premises are damaged but not wholly destroyed by and such casualƟes, rental shall abate in such proporƟon as effecƟve use of the Premises has been affected and Landlord shall restore Premises to substanƟally the same condiƟon as before damage as speedily as is pracƟcal, whereupon full rental shall recommence. In the event of total destrucƟon as set out above, the Landlord agrees that any insurance proceeds recovered for temporary replacement quarters will be paid to Tenant and that Landlord will endeavor to have such coverage inserted in insurance contracts. 11. CondemnaƟon If the whole of the Premises, or such porƟon thereof as will make the Premises unusable for the purposes herein leased, is condemned by any legally consƟtuted authority for any public use or purpose, then in either of said events the term hereby granted shall cease from the date when possession thereof is taken by public authoriƟes, and rental shall be accounted for as between Landlord and Tenant as of said date. Such terminaƟon, however, shall be without prejudice to the rights of either Landlord or Tenant to recover compensaƟon and damage caused by condemnaƟon from the contemnor. It is further understood and agreed that Tenant shall not have any rights in any award made to Landlord by any condemnaƟon authority. 12. Assignment and Subleƫng Tenant shall not, without the prior wriƩen consent of Landlord, which shall not be unreasonable withheld, assign this Lease or any interest hereunder, or sublet the Premises or any part thereof, or permit the use of the Premises by any party other than the Tenant. Consent to any assignment or sublease shall not impair this provision and all later assignments or subleases shall be made likewise only on the prior wriƩen consent of Landlord. The Assignee of Tenant, at opƟon of Landlord, shall become directly liable to Landlord for all obligaƟon or Tenant hereunder, but no sublease or assignment by Tenant shall relieve Tenant of any liability hereunder. 33 13. Exterior Signs Tenant is permiƩed to place signs upon the outside doors or walls of the premises which idenƟty the office or funcƟon performed at such premises. Any and all signs place on the Premises by Tenant shall be maintained in compliance with governmental rules and regulaƟon governing such signs and Tenant shall be responsible to Landlord for any damage caused by installaƟon, use or maintenance of said signs, and all damage incident to removal thereof. 14. Landlord’s Entry of Premises Landlord may adverƟse the Premises “For Rent“ or “For Sale” 90 days before the terminaƟon of this Lease. Landlord may enter the Premises at reasonable hours to exhibit same to prospecƟve purchasers or tenants and to make repairs required of Landlord under the terms hereof or to make repairs to Landlord’s adjoining property, if any. 15. Effect of TerminaƟon of Lease No terminaƟon of this Lease prior to the normal ending thereof, by lapse of Ɵme or otherwise, shall affect Landlord’s right to collect rent for the period prior to terminaƟon thereof. 16. Mortgagee’s Rights Tenant’s rights shall be subject to any bona ﬁde mortgage, deed of trust or other security interest which is now or may hereaŌer be placed upon the Premises by Landlord. Tenant shall, if requested by Landlord, execute a separate agreement reﬂecƟng such subordinaƟon and shall be obligated to execute such documentaƟon as may facilitate Landlord’s sale or reﬁnancing of the Premises, including, but not limited to estopped cerƟﬁcates, subordinaƟon or aƩornment agreements. 17. Quiet enjoyment So long as Tenant observes and performs the covenants and agreements contained herein, It shall at all Ɵmes during the Lease term peacefully and quietly have and enjoy possession of the Premises, but always subject to the terms hereof. Provided, however, that in the event Landlord shall sell or otherwise transfer its interest in the Premises, Tenant agrees to aƩorn to any new owner or interest holder and shall, if requested by Landlord, execute a separate agreement reﬂecƟng such aƩornment, provided that said agreement requires the new owner or interest holder to recognize its obligaƟons and tenant’s rights hereunder. 18. Holding Over If Tenant remains in possession of the Premises aŌer expiraƟon of the term hereof, with Landlord’s acquiescence and without any express agreement of the parƟes, Tenant shall be a tenant at will at the rental rate which is in effect at the end of this Lease and there shall be no renewal of this Lease by operaƟon of law. If Tenant remains in possession of the Premises aŌer expiraƟon of the term hereof without Landlord’s acquiescence, Tenant shall be a tenant at sufferance and commencing on the date following the date of such expiraƟon, the monthly rental payable under Paragraph 3 above shall for each month, or fracƟon thereof during which Tenant so remain in possession of the premises, be twice the monthly rental otherwise payable under Paragraph 3 above. 19. Rights CumulaƟve All rights, powers and privileges conferred hereunder upon parƟes hereto shall be cumulaƟve and not restricƟve to those given by law. 34 20. Waiver of Rights No failure of Landlord to exercise any power given Landlord hereunder or to insist upon strict compliance by Tenant of its obligaƟons hereunder and no custom or pracƟce of the parƟes at variance with the terms hereof shall consƟtute a waiver of Landlord’s right to demand exact compliance with the terms hereof. 21. DeﬁniƟons “Landlord” as used in the Lease shall include the undersigned, its heirs, representaƟves, assigns and successors in Ɵtle to the Premise. ”Agent” as used in this Lease shall mean the party designated as same in Paragraph 34, its heirs, representaƟves, assigns and successors. “Tenant” shall include the undersigned and its heirs, representaƟves, assigns and successors, and if this Lease shall be validly assigned or sublet, shall include also Tenant’s assignees or sub lessees as to the Premises covered by such assignment or sublease. “Landlord”, Tenant”, and “Agent” include male and female, singular and plural, corporaƟons, partnership, or associaƟon or individual, as may ﬁt the parƟcular parƟes. 22. NoƟces All noƟces required or permiƩed under this Lease shall be in wriƟng and shall be personally delivered or sent by U.S. cerƟﬁed mail, return receipt requested, postage prepaid. NoƟces to Tenant shall be delivered or sent to the address shown at the beginning of this Lease. NoƟces to Landlord shall be delivered or sent to the address shown at the beginning of this Lease and noƟces to Agent, if any, shall be delivered or sent to the address set forth in Paragraph 3 hereof. All noƟces shall be effecƟve upon delivery. Any party may change its noƟce address upon wriƩen noƟce to the other parƟes, given as provided herein. 23. EnƟre Agreement This Lease contains the enƟre agreement of the parƟes hereto, and no representaƟons, inducements, promises or agreement, oral or otherwise, between the parƟes, not embodies herein shall be of any force or effect. This Lease may not be modiﬁed except by a wriƟng signed by all the parƟes here. 24. Authorized Lease ExecuƟon Each individual execuƟng this Lease as director, officer, partner, member, or agent of an associaƟon, corporaƟon, limited liability company, or partnership represents and warrants that he is duly authorized to execute and deliver this Lease on behalf of such associaƟon, corporaƟon, limited liability company, or partnership. 25. Memorandum of Lease Upon request by either Landlord or Tenant, the parƟes hereto shall execute a short form lease (Memorandum of Lease) in recordable form, seƫng forth such provisions hereof (other than the amount of Base Monthly Rent and other sums due) as either party may wish to incorporate. The cost of recording such memorandum of lease shall be borne by the party requesƟng execuƟon of same. 35 IN WITNESS WHEREOF, the parƟes hereto have hereunto set their hands and seals, the date and years ﬁrst above wriƩen. Business EnƟty: PERSON COUNTY PERSON COUNTY GOVERNMENT________________________________________ (Name of Firm) By: _____________________________________________ (SEAL) Title: ____________________________________________ Business EnƟty: Hall’s Agri‐Business, LLC _______________________________________________________________ (Name of Firm) By: ____________________________________________________________(SEAL) Title: ___________________________________________________________ Approved as to legal form County AƩorney Date “This instrument has been pre‐audited in the manner required by the Local Government Budget and Fiscal Control Act.” By: ___________________________/____/____ Amy Wehrenberg Finance Officer, Person County 36 MEMORANDUM OF LEASE NORTH CAROLINA PERSON COUNTY THIS MEMORANDUM OF LEASE, made and entered into this day ________of _________, 2023 by and between Hall’s Agri‐Business, LLC, a North Carolina limited liability company with office and place of business at 705 Berryhill Rd., Roxboro, N. C. 27574, hereinaŌer referred to as LESSOR; and Person County, a North Carolina local government, whose address is 304 South Morgan Street, Roxboro, North Carolina, 27573, hereinaŌer referred to as TENANT; WITNESSETH; THAT THE LESSOR, in consideraƟon of the rents reserved and of the terms, covenants and condiƟons hereinaŌer referred to, has this day demised and leased unto the TENANT the following described tract or parcel of real property: Being that lot and commercial building in the City of Roxboro, Roxboro Township, Person County, North Carolina bounded on the northeast by AbbiƩ Street, bounded on the southeast by Main Street, bounded on the southwest by other property of Hall’s Agri‐Business, LLC and bounded on the northwest by a 12 foot alley and being that lot containing 16,557 square feet (0.38 of an acre) on plat of survey for Hall’s Agri‐Business, LLC surveyed by Jim Morrow, L‐3250 dated May 6, 2008 and recorded in Plat Cabinet 15, Page 521, Person County Registry, which plat is incorporated by reference. This property was formerly known as the Old Maxway Building. TO HAVE AND TO HOLD said demised premises for a FiŌeen (15) year term beginning on the 10th day of October 2023 and ending on the 9th day of October 2038, upon the rents, terms, covenants and condiƟons contained in a certain collateral leasehold agreement between the parƟes hereto and bearing even date herewith, which said agreement is incorporated herein by reference. IN WITNESS WHEREOF, the parƟes hereto have caused the due execuƟon hereof by the appropriate corporate officers and affixaƟon of their corporate seals. All by authority of their respecƟve Boards of Directors, this the day and year ﬁrst above wriƩen. LESSOR: HALL’S AGRI‐BUSINESS, LLC By: _____________________________________ Managing Member 37 TENANT: PERSON COUNTY, NORTH CAROLINA By: ____________________________________ Gordon Powell, Chairman Person County Board of Commissioners ATTEST: _________________________________ Brenda Reaves, Clerk to the Board Person County Board of Commissioners NORTH CAROLINA PERSON COUNTY I, _________________________________, A Notary Public of the County and State aforesaid, cerƟfy that ________________________________of Hall’s Agri‐Business, LLC, a North Carolina limited liability company, personally appeared before me this day and executed the foregoing instrument for the company. Witness my hand and official stamp or seal, this the __________day of ____________, 2023. __________________________________ (SEAL) _________________________, Notary Public My Commission Expires: _____________________ I, _________________________________, a Notary Public of the County and State aforesaid, cerƟfy that Brenda Reaves personally appeared before me this day and acknowledged that she is Clerk to the Person County Board of Commissioners, and that by authority duly given by said Board and as the act of said County, the foregoing instrument was signed in the name of said County by the Chairman of the Board of Commissioners, sealed with its official seal aƩested by her as Clerk to the Board of Commissioners. Witness, my hand and official stamp or seal, this the _______day of __________, 2023. (SEAL) ________________________________________ ____________________________, Notary Public My Commission expires: ___________________ 38 AGENDA ABSTRACT Meeting Date: Aug. 21, 2023 Agenda Title: Appointment of Clerk to the Board Summary of Information: In accordance with G.S. 153A-111, the board of county commissioners appoints the county clerk. Brenda Reaves, the current Clerk to the Board, will retire Sept. 1, 2023. Her last day of work with Person County will be Aug. 31, 2023. Following a competitive recruitment process, the Board of Commissioners selected Michele Solomon as the next Clerk to the Board. She will also serve as Executive Assistant to the County Manager. She began work in her new position on Aug. 15, 2023. Recommended Action: Appoint Michele Solomon as Clerk to the Board, effective Sept. 1, 2023. Submitted By: Katherine M. Cathey, County Manager 39