10-02-2023 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
October 2, 2023
7:00 p.m.
This meeting will convene in Room 215 of the County Office Building.
CALL TO ORDER………………………………………………….. Chairman Powell
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
PUBLIC HEARING:
ITEM #1(pgs.3-4)
Consideration of Approval of Private Roadway Stan’s Way to
be Added to the Database for E-911 Dispatching………………….. Sallie Vaughn
CONSIDERATION TO GRANT OR DENY REQUEST
ITEM #2
Consideration to Grant or Deny Approval of Private Roadway
Stan’s Way to be Added to the Database for E-911
Dispatching…………………………………………………………. Chairman Powell
PUBLIC HEARING:
ITEM #3 (pgs.5-6)
Consideration of Approval of Private Roadway Bluebird Trl to
be Added to the Database for E-911 Dispatching………………….. Sallie Vaughn
CONSIDERATION TO GRANT OR DENY REQUEST
ITEM #4
Consideration to Grant or Deny Approval of Private Roadway Bluebird Trl
to be Added to the Database for E-911 Dispatching……………….. Chairman Powell
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INFORMAL COMMENTS
The Person County Board of Commissioners established a 10-minute
segment that 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.Approval of Minutes of September 18, 2023(pgs.7-20),B.Budget Amendment # 8(pgs.21-22),C.Environmental Health Fee Schedule Amendments(pgs.23-24),
D.Health Department Fee Schedule Amendments related to COVID
vaccinations(pgs.25-26),E.City of Roxboro Contract Amendment-Fire(pgs.27-28), andF.Ratify Termination of Agreement with EQV Strategic Effective Oct. 31, 2023(pgs.29-30)
NEW BUSINESS:
ITEM #6 (pgs.31-35)
Person County Tourism Development Authority………………… Julie Maybee
ITEM #7(pgs.34-40)
County Financing Resolution…………………………………… Amy Wehrenberg
ITEM #8 (pgs.41-45)
County Attorney Appointment Process…………………………… Katherine Cathey
ITEM #9 (pgs.46-49)
Appointments to Boards and Committees…………………………. Michele Solomon
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 Michele
Solomon, County Attorney Ellis Hankins, and Finance Director Amy Wehrenberg.
Note: All Items on the Agenda are for Discussion and Action as deemed
appropriate by the Board.
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AGENDA ABSTRACT
Meeting Date: October 2, 2023
Agenda Title: Addition of Stan’s Way, a private roadway
Summary Information: In collaboration with a property owner, Person County has chosen to
name the access road to the Person County “Farm” Park. The proposed roadway crosses one parcel
of private property and that owner chose Stan’s Way as the proposed name, which meets all
requirements set forth by the Addressing Ordinance.
Background Information: Access to the Person County “Farm” Park will cross parcel A75 296. The
owner of this parcel has requested
Stan’s Way be the name of this
roadway. No other property owners are
involved and no addresses will have to
change due to this roadway being
added. However, future development
using Stan’s Way for access will be
required to use this roadway name if an
address is required. Stan’s Way meets
requirements in the “Ordinance
Regulating Addresses and Road Naming
in Person County.”
North Carolina General Statute 153A‐239.1(A) requires a public hearing be held on the matter and
public notice be provided at least 10 days prior in the newspaper. The required public notice was
published in the September 21, 2023 edition of the Roxboro Courier‐Times. A sign advertising the
public hearing was placed at the proposed roadway location on the same date.
Recommended Action: Approve the recommended roadway name.
Submitted By: Sallie Vaughn, GIS Director
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The Person County Board of County Commissioners will hold a public hearing on Monday,
October 2 at 7pm in the Commissioners’ Boardroom 215 in the Person County Office Building
at 304 S Morgan St, Roxboro, North Carolina to hear the following:
Request by the Person County Address Coordinator to add Stan’s Way to the database of
roadway names used for E‐911 dispatching. The proposed private roadway will be located to
the west of Moore’s Mill Rd in Mt Tirzah Township. Article IV, Section 402 H of the Ordinance
Regulating Address and Road Naming in Person County requires a public hearing when any
private roadway is officially named.
Citizens will have an opportunity to speak regarding the above request.
Specific information about the request can be obtained from the Person County GIS
Department, 325 S Morgan St, Suite D.
Sallie Vaughn
GIS Director
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AGENDA ABSTRACT
Meeting Date: October 2, 2023
Agenda Title: Addition of Bluebird Trl, a private roadway
Summary Information: Halifax County, Virginia has found it necessary to name a private
roadway to facilitate 911 call routing and emergency response. Because this roadway begins in
Person County, approval by the Person County Board of Commissioners is required.
Background Information: Two homes located in Halifax County, Virginia have addresses off
Ephesus Church Rd in Person County. Being physically located in Virginia with North Carolina
addresses has recently caused problems with 911 calls and emergency response. The residents of
these homes have asked to name their driveway in order to reduce these issues. Those residents
coordinated with Halifax and Person County staff and propose Bluebird Trl as the name of their
private road. Bluebird Trl meets requirements in the “Ordinance Regulating Addresses and Road
Naming in Person County.”
The homes in Halifax County at
1575 and 1577 Ephesus Church
Rd will receive new addresses
and no property owners in
Person County will be affected
by the addition of this road.
Although this action does not
meet Article IV, Section 402 H of
the “Ordinance Regulating
Addresses and Road Naming in
Person County,” by serving 3 or
more addressable structures,
staff recommend the inclusion of this road to better facilitate emergency response.
North Carolina General Statute 153A‐239.1(A) requires a public hearing be held on the matter and
public notice be provided at least 10 days prior in the newspaper. The required public notice was
published in the September 21, 2023 edition of the Roxboro Courier‐Times. A sign advertising the
public hearing was placed at the proposed roadway location on the same date.
Recommended Action: Approve the recommended roadway name.
Submitted By: Sallie Vaughn, GIS Director
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The Person County Board of County Commissioners will hold a public hearing on Monday,
October 2 at 7pm in the Commissioners’ Boardroom 215 in the Person County Office Building
at 304 S Morgan St, Roxboro, North Carolina to hear the following:
Request by the Person County Address Coordinator to add Bluebird Trail to the database of
roadway names used for E‐911 dispatching. The proposed private roadway will be located to
the north of Ephesus Church Rd in Cunningham Township and serve homes in Halifax County,
Virginia. Article IV, Section 402 H of the Ordinance Regulating Address and Road Naming in
Person County requires a public hearing when any private roadway is officially named.
Citizens will have an opportunity to speak regarding the above request.
Specific information about the request can be obtained from the Person County GIS
Department, 325 S Morgan St, Suite D.
Sallie Vaughn
GIS Director
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September 18, 2023
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PERSON COUNTY BOARD OF COMMISSIONERS SEPTEMBER 18, 2023
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Katherine M. Cathey, County Manager
C. Derrick Sims Michele Solomon, 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, September 18, 2023 at 9:00 a.m.in the Commissioners’
Boardroom 215 in the Person County Office Building located at 304 S. Morgan Street,
Roxboro, NC.
Chairman Powell called the meeting to order. Chairman Powell offered an
invocation and Commissioner Sims led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Powell stated the need to add an additional Closed Session to the agenda
for the purpose of consulting with the county attorney in order to preserve the attorney-
client privilege as Closed Session #2.
A motion was made by Commissioner Sims and carried 5-0 to approve the agenda
as adjusted with the additional Closed Session.
PUBLIC HEARING # 1:
A motion was made by Commissioner Sims and carried 5-0 to open the
duly advertised public hearing for Consideration of Approval to Finance a Portion of the
Cost of Certain Improvements to Public School Facilities. Finance Director Amy
Wehrenberg presented. She stated that the purpose of the hearing was to receive feedback
from the public on the County’s plans to finance improvements to Person High School for
an amount not to exceed $13M. She stated that the improvements include, but are not
limited to, safety and accessibility improvements to meet ADA requirements, security
improvements to the interior and exterior of the school, and removal of parking areas on
the north and east sides of the school. She stated that other considerations under this
public hearing are whether to execute and deliver a deed of trust, which pledges the high
school property as collateral for the project, a security agreement, and a fixture filing
related to the County’s interest in the property on which the school is located along with
the improvements that would be authorized.
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There were no individuals appearing before the Board to speak in favor of or in
opposition to the public hearing for Consideration of Approval to Finance a Portion of the
Cost of Certain Improvements to Public School Facilities.
A motion was made by Commissioner Sims and carried 5-0 to close the public
hearing for Consideration of Approval to Finance a Portion of the Cost of Certain
Improvements to Public School Facilities.
No action was required by the Board on Public Hearing #1. The Board will consider
a final resolution regarding financing a portion of the cost of certain improvements to Person
High School at the next Board Meeting.
PUBLIC HEARING #2
A motion was made by Commissioner Palmer and carried 5-0 to open the duly
advertised public hearing for Consideration of Approval to Submit the FY25 Community
Transportation Program Application. Transportation Director Mitch Fleig presented. He
stated that the PATS Department has 9 Full-Time Drivers, 13 Part-Time Transit Specialists,
and 4 Full-Time Administrative Staff who serve the residents of Person County. In FY23,
PATS accommodated over 57,000 trips, and drove over 420,000 miles amongst the 14 vans
and buses. He stated that the mission of PATS is to provide safe, friendly, and reliable
transportation to the citizens of Person County utilizing the most efficient manner possible
to increase mobility and support a livable community. He stated the purpose of the hearing
was to bring before the Board for approval the FY25 Community Transportation Program
Application and local share amount of $72,375. He stated the application is divided in to
two categories. The Administration Project, which is $208,260 and reflects a 5% increase
from last year and a 15% local match, would be required of $31,239. The Capital Grant
which is used for the purchase of three light transit buses and an update to the on board
camera security system for 12 of the 14 vehicles, is what PATS is requesting for a total cost
of $411,355, and a 10% local match would be required of $41,136. The two grants would
be $619,615 with the local share being $72,375. He is asking the Board’s recommendation
for approval of the grant submittal and use of the local funds noted for the FY25 Community
Transportation Program Application.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the public hearing for Consideration of Approval to Submit the FY25
Community Transportation Program Application.
A motion was made by Commissioner Sims and carried 5-0 to close the public
hearing for Consideration of Approval to Submit the FY25 Community Transportation
Program Application
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CONSIDERATION TO GRANT OR DENY REQUEST
A motion was made by Commissioner Sims and carried 5-0 to approve the local
share in the amount of $72,375 for FY25.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Bob Brauer of 1 Bobwhite Rd, Roxboro and Chairperson of the Environmental
Issues Advisory Committee of Person County spoke on the fall litter sweep that occurred in
Person County. He stated that one of the committee’s primary focus areas is roadside litter.
He stated that in coordination with the NCDOT and the City of Roxboro they do two annual
litter sweeps, one in the spring, and the other in the fall. He stated that they just completed
the fall litter sweep on September 16 and he was very happy to report that 50 individuals
participated and cleaned up litter off city and county roads. He stated that there was a great
representation from students from RCS. He stated that pictures from the event are on the
Person County Environmental Issues Advisory Committee’s Facebook page. He provided
bumper stickers to the Board that promoted keeping Person County clean by disposing of
litter.
Jimmy Clayton of 717 Berman Clayton Rd, Timberlake spoke on concerns related
to the Person County Mega Park. He stated the following information about the property: It
has two power plants with electricity going across it, it has the possibility of getting water
from the Dan River, fiber run by the county is going across the property, it is located where
other industries would not interfere with it, it has railroad access, and it is near major
highways such as 501, and 360 & 58 in Virginia. He stated that the Corps of Engineers has
issued many permits for the property. He urged the Board to consider renewing the lease
option, or to buy the property, as it is the future of Person County.
Penny DeYoung of 1392 Mill Creek Rd, Roxboro spoke to the Board to express
concerns on the matters of the Department of Social Services (DSS) and to represent her
family as well as other foster care families that share similar experiences. She stated that
she is not here to speak on the legal matters surrounding the case and understands that is an
issue for an attorney. She stated she is requesting that the Board conduct an investigation
and audit into the mismanagement of DSS of Person County, and provide follow up once
completed. She provided the Board with a chronological timeline of events that took place
over the course of 4 years. She stated that DSS removed her two nephews from the
biological mother’s home in 2019. The children were placed in her home. She stated that
DSS informed her in 2020 that they would be filing a termination of parental rights order
and discussed adoption of the children with her. She stated that the hearing for terminating
parental rights was continued 18 times spanning over the course of 3 years. She stated that
the Guardian ad Litem also indicated multiple complaints due to lack of communication
from DSS and testified that she did not agree with DSS social worker’s testimony.
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September 18, 2023
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She stated that in March 2023, the DSS social worker made her last home visit and
reported that the goal is adoption and to proceed with termination of parental rights. She
stated that on August 31, 2023, the DSS report listed the following goals, #1- adoption, and
#2-reunification. She stated that the DSS social worker testified under oath and advised that
she saw no reason as to why the children could not be returned to the biological mother. She
stated that based on DSS recommendation, the judge ordered the children to be returned to
the mother and for the DeYoung family to return the children to DSS on September 4, 2023.
She stated that the DSS social workers conducted themselves in ways in which is contrary
to the department’s policy, which is supposed to be in the best interest of the children. She
stated that the social workers were unprofessional, unsympathetic, and acted in a manner of
showing anger and hostility, while being under the supervision of the DSS Director, Mr.
Paylor. She stated that DSS abused her family emotionally and was supposed to save the
children from abuse. She stated that she had a petition signed by 2,500 people who are
requesting the Board to take action on this injustice, and mismanagement in the appearance
of cover-ups that are taking place daily by the individuals employed by the Department of
Social Services.
PJ Gentry of 541 Byrd Creek Ln, Hurdle Mills voiced she had multiple concerns.
She stated that the Board has known about DSS for years and has done nothing. She stated
that she has tried to help. She stated that former Commissioner Jimmy Clayton was spot on
and that she advocated two years ago to get control of the property. She stated that the Board
has not, and they have the capacity, but needed the will to do so. She stated that the Board
needed to be proactive not reactive if you want to have progress in the County. She stated
that she sits on the Board of Realtors in Durham County and was invited to a presentation
by Cypress Creek Solar on a 731-acre Solar Park proposed for Person County. She stated
that there was an article in The Courier Times, a write up by an electrical engineer
supporting the proposed 731-acre Solar Farm in Person County. She indicated that she is
aware of the current Person County Ordinance that limits Solar Farms to 100 acres. She
stated that she is concerned that Duke Energy will increase solar. She urged the Board to
consider not increasing the size of solar farms.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Sims and carried 5-0 to approve the Consent
Agenda with the following items:
A. Approval of Minutes of September 5, 2023,
B. Budget Amendment # 6,
C. Budget Amendment # 7,
D. Person County Health Department Fee Request,
E. Contract for School Nursing Services between Person County and Person
County School System,
F. FY2024 ROAP Distribution Authorization, and
G. Letter of Support for Durham County and City of Durham’s Reconnecting
Communities and Neighborhoods Grant Application
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NEW BUSINESS:
DUKE ENERGY UPDATE
Duke Energy Update by Elizabeth Townsend Duke Energy’s Local Government and
Community Relations Manager presented the following slide show presentation.
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Commissioner Palmer asked about the rolling blackouts that occurred in the State of
NC in December 2022. Townsend stated that technology caused concerns, and that there
was an expected blackout, that lingered longer, and was greater than expected. She stated
that Duke Energy is addressing concerns, moving forward with the Utilities Commission.
Townsend stated that Duke Energy would be adding natural gas plants to Person County to
stay sustainable in this community.
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Vice Chairman Sims expressed concerns about solar farms in Person County,
especially when talking about 750 acres. He stated that there is a future need for small
nuclear reactors. He stated that he is appreciative of Duke Energy for considering keeping
the Person County Plants operational.
Commissioner Puryear thanked Townsend for the update and presentation she
provided and is appreciative of the cooperation and partnership that Person County has with
Duke Energy.
Chairman Powell expressed appreciation to Duke Energy for being a central part of
Person County’s economic development and growth for over six decades. He stated that
Person County wants to continue to remain in that category and be involved in the new
technology that emerges and for continued growth and development. He had concerns about
solar panels on plants in Person County. Townsend stated no current plans for solar for
Person County Plants at this time. Powell had concerns about the tax advantage during the
transition period of changing over from coal to natural gas and the impact it will have on
Person County. Townsend stated there would be some tax benefits that would be above what
the coal plants currently generate. Townsend stated that it would increase job opportunities,
therefore increasing the tax base. Townsend stated that the natural gas plant should be open
and operational by 2029.
PERSON INDUSTRIES/MATERIALS RECOVERY FACILITY MERGER AND
RENOVATIONS BID SUMMARY AND CONTRACT AWARD
Person Industries/Materials Recovery Facility Merger and Renovations Bid
Summary and Contract Award was presented by Person Industries Director Amanda
Everett. She is requesting the Board to award the contract to Legacy Building Company.
She stated that the lease expires on the current PI building on May 25, 2025. She stated that
the potential purchase price for the building significantly exceeds the tax value and the
building condition needs major repairs and upgrades. She stated that an application for an
EPA grant is pending, and we should know something by the end of September. She is
hopeful that the County will receive the grant funding of $1M. She stated that the FY24-28
CIP includes $2.1M in costs for this project. She provided a bid summary to the Board that
included information received during the official bid process for the building expansion,
rehab and strengthening of interior space, and reconfiguration of the parking lot. She stated
that she received three bid responses with Legacy Building Company in at the lowest bid at
$2.1M.
A motion was made by Commissioner Puryear and carried 5-0 to award the contract
to Legacy Building Company for the Person Industries/Materials Recovery Facility Merger
and Renovations.
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CHAIRMAN’S REPORT:
Chairman Powell reported that he attended Relay for Life on September 15, and a
large number of participants showed up and supported the cause for the event. He reported
that he attended the Planning Board Meeting on September 14, and it was very informative,
and a second meeting has been scheduled. He shared that he had concerns related to the
DSS issue, and that it is disturbing and needs investigated. He stated that unfortunately the
County has very little control of DSS, and has no authority over it. He stated that there was
a discussion in the past about consolidating DSS under the jurisdiction of the County, and
the State advised they would require that the Health Department be included as well. Based
on the information received from the State, it was determined not to consolidate. He stated
that he is on the children’s side.
MANAGER’S REPORT:
County Manager Katherine Cathey shared October 19 is the next Planning Board
Meeting to go over the proposed UDO and to look at possible revisions. She reported that
the members of public who were at the last meeting, which occurred on September 14, made
a few comments. She shared that a new Emergency Notification System will be
implemented to employees and the public very soon. She spoke on the DSS situation.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims reported that he attended the Planning Board Meeting on
September 14 in reference to the proposed UDO, and urged the public to attend the next
Planning Board Meeting scheduled for October 19. He shared that he is very appreciative
to all who showed up and helped with the Litter Sweep on September 16. He stated that he
has concerns, and is very disturbed by the recent events with DSS and feels it needed
investigated.
Commissioner Palmer shared that he attended Relay for Life on September 15 and
that it was a great event with a huge turnout from the public. He indicated that he is glad
they moved the event from Person High School to Huck Sansbury. He expressed concerns
about DSS and stated that it was very disturbing about what happened to this family.
Commissioner Thomas thanked everyone for coming to the meeting today. He
shared that he attended and spoke at the Patriot Day event on September 9, and attended
Relay for Life on September 15. He expressed concerns about DSS and that an investigation
is needed.
Commissioner Puryear shared that he had concerns in reference to the issue with
DSS. He stated that the issue is very disturbing, troubling, and that an investigation needed
to be done.
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CLOSED SESSION #1
A motion was made by Commissioner Palmer and carried 5-0 to enter into Closed
Session #1 at 10:20 a.m. 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 Michele Solomon, County
Attorney Ellis Hankins, and Finance Director Amy Wehrenberg.
Chairman Powell called the Closed Session #1 to order at 10:23 a.m.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 11:08 a.m.
CLOSED SESSION #2
A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed
Session #2 at 11:08 a.m. 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, and Clerk to the Board Michele Solomon.
Chairman Powell called the Closed Session #2 to order at 11:08 a.m.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 11:41 a.m.
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 11:43 a.m.
_____________________________ ______________________________
Michele Solomon Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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10/2/2023Dept./Acct No.Department NameAmountIncr / (Decr)EXPENDITURESGeneral FundGeneral Government 79,200 Human Services 16,763 Culture and Recreation 32,600 Economic & Physical Development 20,000 Contingency (20,000)Transfer to Other Funds 1,000,000 REVENUESGeneral FundIntergovernmental Revenues 1,088,813 Fund Balance Appropriation 7,150 Other Revenues 32,600 EXPENDITURESCapital Investment Reserve FundTransfer to Other Funds 1,000,000 REVENUESCapital Investment Reserve FundTransfer from Other Funds 1,000,000 REVENUESCapital Improvement Project FundTransfer from Other Funds 1,000,000 Intergovernmental Revenues (1,000,000)Explanation:BUDGET AMENDMENT #8Use undesignated contingency (-$20,000) as the source of funds for code enforcement of unsafe property clean-up in the Planning & Zoning Department ($20,000); receive two Person County Tourism and Development Grants for P&R County Farm ($20,000) and Mayo ($12,600); recognize Cybersecurity Grant in the Information Technology Systems Fund awarded by the Department of Public Safety ($79,200); appropriate fund balance in DSS for vehicle capital and the Foster Care Shoes Program ($7,150); recognize State funding received in DSS for the APS Essential Services Program ($9,613); appropriate fund balance ($1,000,000) in the General Fund to the Capital Improvement Project Fund, replacing the budget for State grant funds as an identified funding source for the Person Industries and Recycling Center Merger Project with the intent to revert back to the General Fund should grant funds be received by the State as anticipated. BA-821
Account Number Account Description $Revenuesincr. (decr.)(cr.) dr. $Expenditures incr. (decr.) dr. (cr.) 1004910-430000 Planning & Zoning-Contracted Services 20,000 1009910-499100 Contingency-Undesignated (20,000)10055-361330 Recreation-PCTDA-P&R Grant 20,000 1006120-426092 Recreation-Spec Supp/Serv-TDA P&R 20,000 10055-361332 Mayo-PCTDA-Mayo Grant 12,600 1006121-435312 Mayo-Spec Supp/Serv-TDA Mayo 12,600 11020-389896 IT Systems Fund-Cybersecurity Grant (SLCGP) 79,200 1104121-426511 IT Systems Fund-DPS/Cybersecurity Grant (SLCGP) Exp 79,200 19050-378310 DSS-APS Essential Services Revenue 9,613 1905380-521100 DSS-APS Essential Services Program Exp 9,613 19090-399991 DSS-Fund Balance Appropiration 7,150 1905310-454000 DSS-Cap Out Vehicles Exp 7,034 1905380-537004 DSS-Foster Care Shoes Exp 116 10090-399991 General Fund-FBA 1,000,000 1009821-401021 General Fund-Transfer to Capital Investment Fund (CIF) 1,000,000 21070-390010 CIF-Transfer from General Fund 1,000,000 2109281-401041 CIF-Transfer to Capital Improvement Project (CIP) Fund 1,000,000 41070-398021 CIP Fund-Transfer from Capital Investment Fund (CIF) 1,000,000 41020-380326 CIP Fund-State Grant Funds-PI/MRF Merge (1,000,000)Totals2,128,563 2,128,563 BUDGET ADJUSTMENTBA-822
AGENDA ABSTRACT
Meeting Date: October 2, 2023
Agenda Title: Person County Health Department Fee Request
Summary of Information:
Person County Health Department’s proposed fee schedule amendments are
associated North Carolina General Statute (NCGS) changes found in Session Law
2023-90, House Bill 628. The changes are as follows:
NCGS 130A-336 (a6) addresses fees charged by counties for applications and
permit proposals submitted with documentation by a licensed soil scientist (A2
applications). Counties may charge a maximum fee of up to forty percent (40%)
of the fee established for similar systems permitted by local health departments.
NCGS 130A-336.1 (n) addresses fees charged by counties for Engineered
Option Permits. Counties may charge a fee of no more than thirty-five dollars
($35.00) for filing costs.
The attached Environmental Health Fee Schedule incorporates the required changes.
The Board of Health approved the fee schedule amendments on Monday, September
25, 2023, and in accordance with the North Carolina General Statute 130A-39(g), the
Board of Health requests the approval of the Board of Commissioners to implement the
proposed fees, which are attached.
Recommended Action: Approve recommended fees.
Submitted By: Janet Clayton, Health Director
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AGENDA ABSTRACT
Meeting Date: October 2, 2023
Agenda Title: Person County Health Department Fee Request
Summary of Information:
The Person County Health Department’s proposed fee schedule amendments are
associated with COVID-19 vaccinations. The proposed fees are for the administration of
the COVID-19 monovalent vaccinations and the Moderna COVID monovalent vaccine
for children 6 months to 11 years old, and for those 12 years old and older.
The proposed fees will allow PCHD to receive reimbursement for the administration of
the COVID-19 Moderna vaccination and the vaccine.
The Board of Health approved the Fee Schedule Amendments on Monday, September
25, 2023, and in accordance with the North Carolina General Statute 130A-39(g), the
Board of Health requests the approval of the Board of Commissioners to implement the
proposed fees, which are attached.
Recommended Action: Approve recommended fees.
Submitted By: Janet Clayton, Health Director
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AGENDA ABSTRACT
Meeting Date: October 2, 2023
Agenda Title: Addendum to the City of Roxboro Contract to Provide Fire Protection Services to
Person County, North Carolina
Summary of Information: The Department of Emergency Services requests approval of the
addendum to the City of Roxboro Fire Protection Services Contract for the payment for services by
Person County to the City of Roxboro.
Section 3 of the contract will be amended to read that payments for services will be made in a one-
time annual installment, no later than the 30th day of August each year. Currently, payments are
made to the city in equal monthly installments while volunteer departments receive annual
payments. This amendment will create consistency in how the fire services contracts are
administered.
No other provisions or conditions of the contract are changed by this addendum. The City of
Roxboro has approved the addendum.
Recommended Action: Approve the Addendum to the City of Roxboro Contract to Provide Fire
Protection Services to Person County, North Carolina
Submitted By: Thomas E. Schwalenberg, Director / Department of Emergency Services
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AGENDA ABSTRACT
Meeting Date: October 2, 2023
Agenda Title: Ratify Termination of Agreement for Lobbying Services
Summary of Information: On January 17, 2023, the Board of Commissioners authorized the
engagement of a legislative lobbying firm. EQV’s lobbyists have worked productively with
Duke Energy representatives on mutual interests, kept county officials well-informed about
legislative developments and potential opportunities and threats, and represented Person County
effectively.
Based on Duke Energy’s plans for replacement generation in Person County and the continued
productive working relationship between Duke Energy and county officials, engaging a lobbyist
is no longer necessary at this time. The original expiration date of the agreement was December
31, 2023. Providing a 30-day notice, with aa termination date of October 31, 2023, will save
county funding that can be directed towards other needs.
Recommended Action: Ratify Termination of Agreement for Lobbying Services, effective October
31, 2023
Submitted By: Katherine M. Cathey, County Manager
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AGENDA ABSTRACT
Meeting Date: October 2, 2023
Agenda Title: Annual Report – Person County Tourism Development
Authority (PCTDA)
Summary of Information: The economic impact of travel and tourism in Roxboro/Person
County will be highlighted. The PCTDA Annual Report (attached)
will be presented at the meeting.
Recommended Action: No action requested is requested by the Person County Board of
County Commissioners.
Submitted By: Julie Maybee, Executive Director
Person County Tourism Development Authority
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AGENDA ABSTRACT
Meeting date:
October 2, 2023
Agenda Title:
Approving Resolution-FY23 LOB’s Issuance
Summary of Information:
Finance Director requests action on:
“RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF
PERSON, NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING
CONTRACT AND DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER
RELATED MATTERS”
The attached resolution authorizes the execution and delivery of an installment
financing contract in connection with the execution and delivery of not to exceed
$13,000,000 Limited Obligation Bonds (the “Bonds”). The resolution approves an
installment financing contract in order to finance improvements to Person High School
(the “School”) that include, but are not limited to, safety and accessibility
improvements to meet Americans with Disabilities Act requirements, security
improvements to the interior and exterior of the School, and removal of parking areas
on the north and east sides of the School. In addition, the resolution authorizes County
staff to execute and deliver a related deed of trust, a lease and agency agreement with
the school board and certain other underwriting documents related thereto. Finally,
the resolution designates certain County staff as County Representatives to bring the
financing to fruition and perform certain duties with respect to the financing, post-
closing.
Copies of all documents referenced in the resolution are on file with the Finance
Director and can be made available to any Board members upon request.
Recommended Action:
To adopt the Approving Resolution as presented.
Submitted By:
Amy Wehrenberg, Finance Director
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EXTRACTS FROM MINUTES OF THE BOARD OF COMMISSIONERS
A regular meeting of the Board of Commissioners of the County of Person, North Carolina, was
duly held on October 2, 2023 at 7:00 p.m. in the Commissioners’ Boardroom, Room 215, Person County
Office Building, 304 S. Morgan Street, Roxboro, North Carolina. Chairman Gordon Powell presiding.
The following Commissioners were present:
The following Commissioners were absent:
Commissioner ______________ moved that the following resolution, copies of which having been
made available to the Board of Commissioners, be adopted:
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF PERSON,
NORTH CAROLINA, APPROVING AN INSTALLMENT FINANCING CONTRACT AND
DELIVERY THEREOF AND PROVIDING FOR CERTAIN OTHER RELATED MATTERS
WHEREAS, the County of Person, North Carolina (the “County”) is a validly existing political
subdivision, existing as such under and by virtue of the Constitution, statutes and laws of the State of North
Carolina (the “State”);
WHEREAS, the County has the power, pursuant to the General Statutes of North Carolina to (1)
enter into installment contracts in order to purchase, or finance or refinance the purchase of, real or personal
property and to finance or refinance the construction or repair of fixtures or improvements on real property
and (2) create a security interest in some or all of the property financed or refinanced to secure repayment
of the purchase price;
WHEREAS, the Board has previously determined that it is in the best interest of the County to (1)
enter into an Installment Financing Contract (the “Contract”) with the Person County Financing
Corporation (the “Corporation”) to finance improvements to certain public school facilities located in the
County, including, among other things, improvements to Person High School (the “School”) that include,
but are not limited to, safety and accessibility improvements to meet Americans with Disabilities Act
requirements, security improvements to the interior and exterior of the School, and removal of parking areas
on the north and east sides of the School (collectively, the “2023 Projects”) and (2) enter into a deed of
trust, security agreement and fixture filing (the “Deed of Trust”) related to the County’s fee simple interest
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in the real property on which the School is located, together with the improvements thereon (collectively,
the “Mortgaged Property”), that will provide security for the County’s obligations under the Contract;
WHEREAS, to enable the County to enter into the Contract, the Person County Board of Education
(the “Board of Education”) must first convey to the County ownership of the Mortgaged Property so that
the County may secure its obligations under the Contract pursuant to the Deed of Trust and grant a lien on
the Mortgaged Property, and the Board of Education has approved such conveyance at its meeting held on
August 10, 2023;
WHEREAS, pursuant to a Lease and Agency Agreement, to be dated on or about November 1, 2023
(the “Lease and Agency Agreement”), between the Board of Education and the County, (1) the Board of
Education will lease the Mortgaged Property back from the County for a term of years, at the end of which
the County will convey title to the Mortgaged Property back to the Board of Education, and (2) the County
will designate the Board of Education as its agent to carry out the construction and completion of the 2023
Projects;
WHEREAS, in furtherance of the above plan, the Corporation will execute and deliver its Limited
Obligation Bonds, Series 2023 (the “2023 Bonds”) in an aggregate principal amount not to exceed
$13,000,000, evidencing proportionate undivided interests in rights to receive certain Revenues (as defined
in the Contract), under the terms of the Indenture of Trust between the Corporation and U.S. Bank Trust
Company, National Association, as trustee;
WHEREAS, in connection with the sale of the 2023 Bonds by the Corporation to PNC Capital
Markets LLC (the “Underwriter”), the Corporation will enter into a Contract of Purchase to be dated the
delivery date thereof (the “Contract of Purchase”) between the Corporation and the Underwriter, and the
County will execute a Letter of Representation to the Underwriter with respect to the 2023 Bonds (the
“Letter of Representation”);
WHEREAS, there have been described to the Board the forms of the following documents
(collectively, the “Instruments”), copies of which have been made available to the Board, which the Board
proposes to approve, enter into and deliver, as applicable, to effectuate the proposed installment financing:
(1) the Contract;
(2) the Indenture
(3) the Deed of Trust;
(4) the Letter of Representation; and
(5) the Lease and Agency Agreement
WHEREAS, to make an offering and sale of the 2023 Bonds, there will be prepared a Preliminary
Official Statement with respect to the 2023 Bonds (the “Preliminary Official Statement”), a draft thereof
having been presented to the Board, and a final Official Statement relating to the Preliminary Official
Statement (together with the Preliminary Official Statement, the “Official Statement”), which Official
Statement will contain certain information regarding the County;
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WHEREAS, it appears that each of the Instruments and the Preliminary Official Statement is in an
appropriate form and is an appropriate instrument for the purposes intended;
WHEREAS, a public hearing on the Contract, Deed of Trust and the 2023 Projects to be financed
thereby, after publication of a notice with respect to such public hearing, must be held and the Board
conducted such public hearing at its September 18, 2023 meeting;
WHEREAS, the County has filed an application to the North Carolina Local Government
Commission (the “LGC”) for approval of the Contract;
WHEREAS, Parker Poe Adams & Bernstein LLP, as bond counsel, will render an opinion to the
effect that entering into the Contract and the transactions contemplated thereby are authorized by law;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE
COUNTY OF PERSON, NORTH CAROLINA, AS FOLLOWS:
Section 1. Ratification of Instruments. All actions of the County, the Chairman of the Board
(the “Chairman”), the Clerk to the Board (the “Clerk”), the County Manager, the Finance Director, the
Assistant Finance Director, the County Attorney, and their respective designees, whether previously or
hereinafter taken, in effectuating the proposed financing, including the making of application to the LGC,
are hereby approved, ratified and authorized pursuant to and in accordance with the transactions
contemplated by the Instruments.
Section 2. Authorization of the Official Statement. The form, terms and content of the
Preliminary Official Statement are in all respects authorized, approved, and confirmed, and the use of the
Preliminary Official Statement and the final Official Statement by the Underwriter in connection with the
sale of the 2023 Bonds is hereby in all respects authorized, approved and confirmed. The Chairman, the
County Manager, the Finance Director, the Assistant Finance Director, and the Clerk (collectively, the
“Authorized Officers”) are hereby authorized and directed, individually and collectively, to deliver, on
behalf of the County, the Official Statement in substantially such form, with such changes, insertions and
omissions as he or she may approve.
Section 3. Authorization to Execute the Contract. The County hereby approves the financing
of the 2023 Projects in accordance with the terms of the Contract, which will be a valid, legal and binding
obligation of the County in accordance with its terms. The form and content of the Contract are hereby in
all respects authorized, approved and confirmed, and the Authorized Officers and their respective designees
are hereby authorized, empowered and directed, individually and collectively, to execute and deliver the
Contract, including necessary counterparts, in substantially the form and content presented to the Board,
but with such changes, modifications, additions or deletions therein as they may deem necessary, desirable
or appropriate, their execution thereof to constitute conclusive evidence of the County’s approval of any
and all changes, modifications, additions or deletions therein from the form and content of the Contract
presented to the Board. From and after the execution and delivery of the Contract, the Authorized Officers
are hereby authorized, empowered and directed, individually and collectively, to do all such acts and things
and to execute all such documents as may be necessary to carry out and comply with the provisions of the
Contract as executed.
Section 4. Authorization to Execute the Deed of Trust. The County approves the form and
content of the Deed of Trust, and the Deed of Trust is in all respects authorized, approved and confirmed.
The Authorized Officers and their respective designees are hereby authorized, empowered and directed,
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individually and collectively, to execute and deliver the Deed of Trust, including necessary counterparts, in
substantially the form and content presented to the Board, but with such changes, modifications, additions
or deletions therein as they deem necessary, desirable or appropriate. Execution by the Authorized Officers
or their respective designees, individually or collectively, constitutes conclusive evidence of the County’s
approval of any and all such changes, modifications, additions or deletions therein from the form and
content of the Deed of Trust presented to the Board, and from and after the execution and delivery of the
Deed of Trust, the Authorized Officers are hereby authorized, empowered and directed, individually and
collectively, to do all such acts and things and to execute all such documents as may be necessary to carry
out and comply with the provisions of the Deed of Trust as executed.
Section 5. Letter of Representation. The form and content of the Letter of Representation
are hereby in all respects approved, and the Authorized Officers are authorized to execute the Letter of
Representation for the purposes stated therein.
Section 6. Authorization to Execute the Lease and Agency Agreement. The County
approves the form and content of the Lease and Agency Agreement and the lease of the Mortgaged Property
to the Board of Education as contemplated thereby, and the Lease and Agency Agreement is in all respects
authorized, approved and confirmed. The Authorized Officers and their respective designees are hereby
authorized, empowered and directed, individually and collectively, to execute and deliver the Lease and
Agency Agreement, including necessary counterparts, in substantially the form and content presented to
the Board, but with such changes, modifications, additions or deletions therein as they deem necessary,
desirable or appropriate. Execution by the Authorized Officers or their respective designees, individually
or collectively, constitutes conclusive evidence of the County’s approval of any and all such changes,
modifications, additions or deletions therein from the form and content of the Lease and Agency Agreement
presented to the Board, and from and after the execution and delivery of the Lease and Agency Agreement,
the Authorized Officers are hereby authorized, empowered and directed, individually and collectively, to
do all such acts and things and to execute all such documents as may be necessary to carry out and comply
with the provisions of the Lease and Agency Agreement as executed.
Section 7. County Representative. The Authorized Officers are hereby designated as the
County’s representatives to act on behalf of the County in connection with the transactions contemplated
by the Instruments and the Preliminary Official Statement, and the Authorized Officers are authorized to
proceed with financing the 2023 Projects in accordance with the Instruments and the Preliminary Official
Statement and to seek opinions as a matter of law from the County Attorney, which the County Attorney is
authorized to furnish on behalf of the County, and opinions of law from such other attorneys for all
documents contemplated hereby as required by law. The County Manager and the Finance Director are
hereby authorized, individually and collectively, to select a co-managing underwriter for the 2023 Bonds if
they determine such selection to be in the best interests of the County. The County’s representatives or
their respective designees are hereby authorized, empowered and directed, individually and collectively, to
do any and all other acts and to execute any and all other documents, which they, in their discretion, deem
necessary and appropriate to consummate the transactions contemplated by the Instruments and the
Preliminary Official Statement or as they deem necessary or appropriate to implement and carry out the
intent and purposes of this Resolution and to administer the transactions contemplated by this Resolution
after the execution and delivery of the 2023 Bonds.
Section 8. Severability. If any section, phrase or provision of this Resolution is for any reason
declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases
or provisions of this Resolution.
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Section 9. Repealer. All motions, orders, resolutions and parts thereof, in conflict herewith
are hereby repealed.
Section 10. Effective Date. This Resolution is effective on the date of its adoption.
Read, approved and adopted this 2nd day of October, 2023.
By:
Chairman of the Board of Commissioners
_______________________
Clerk to the Board
APPROVED AS TO FORM:
_______________________
County Attorney
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STATE OF NORTH CAROLINA )
) SS:
COUNTY OF PERSON )
I, Michele Solomon, Clerk to the Board of Commissioners of the County of Person, North Carolina,
DO HEREBY CERTIFY that the foregoing is a true and exact copy of a resolution titled “RESOLUTION
OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF PERSON, NORTH CAROLINA,
APPROVING AN INSTALLMENT FINANCING CONTRACT AND DELIVERY THEREOF AND
PROVIDING FOR CERTAIN OTHER RELATED MATTERS” adopted by the Board of
Commissioners of the County of Person, North Carolina in regular session convened on the 2nd day of
October, 2023, as recorded in the minutes of the Board of Commissioners of the County of Person, North
Carolina.
WITNESS, my hand and the seal of the County of Person, North Carolina, this the ___ day of
October, 2023.
(SEAL)
Michele Solomon
Clerk to the Board of Commissioners
County of Person, North Carolina
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AGENDA ABSTRACT
Meeting Date: October 2, 2023
Agenda Title: County Attorney Appointment Process
Summary of Information: NC General Statute 153A-114 states that the board of commissioners
shall appoint a county attorney to serve at its pleasure and to be its legal adviser. Following a
competitive recruitment process, the Board of Commissioners entered into an agreement with The
Brough Law Firm, PLLC, with S. Ellis Hankins to serve as its County Attorney, in March 2021. Mr.
Hankins recently announced that he will retire from his position at the end of December.
The board may choose to follow one of the processes outlined below to select the next county
attorney or discuss other options:
Continue to contract with the Brough Law Firm for legal services and appoint one of their
attorneys as the next county attorney. The current Memorandum of Understanding is
attached for reference.
Conduct a competitive recruitment process. The previous job posting is attached for
reference.
The FY24 budget for legal services is $75,000. The county expended approximately $65,000 for
legal services in FY22 and FY23.
Recommended Action: Determine the process to follow to appoint the next county attorney.
Submitted By: Katherine M. Cathey, County Manager
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AGENDA ABSTRACT
Meeting Date: October 2, 2023
Agenda Title: Appointments to Boards and Committees
Summary of Information:
Attached are interested citizen applications for current vacancies.
Juvenile Crime Prevention Council
1-Year Initial Term: 2-Year Reappointment
2 positions available for a citizen under the age of 21(one may be a member of the public
representing the interests of families of at-risk juveniles)
2-Year Term: 1 position for each of the following: Juvenile Defense Attorney, and up to 4 citizens-
at-large positions
1) Beverly Cates, citizen-at-large requests appointment
Opioid Settlement Advisory Committee
2 citizen-at-large positions with lived experience (personal or family member), and a substance use
treatment provider representative position
1) Joyce Harper with Freedom House Recovery Center requests appointment
2) Arthur Payne with the Morse Clinic requests appointment
Recommended Action: Board nomination for appointment as deemed appropriate.
Submitted By: Michele Solomon, Clerk to the Board
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