03-21-2022 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
March 21, 2022
9:00am
This meeting will convene in the County Office Building Auditorium.
CALL TO ORDER………………………………………………….. Chairman Powell
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
RECOGNITION:
ITEM #1 (pg. 4)
Proclamation for the Week of the Young Child …….……………... Chairman Powell
PUBLIC HEARING:
ITEM #2 (pg. 5)
Request to add Copper Shell Lane, a private roadway, to the
database of roadway names for E-911 dispatching …………………… Sallie Vaughn
ITEM #3 (pg. 6)
Consideration to Grant or Deny Request to add Copper Shell Lane,
a private roadway, to the database of roadway names for E-911
dispatching …………………………………………………………… Chairman Powell
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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 #4
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.Approval of Minutes of March 7, 2022 (pgs. 7-16),B.Budget Amendment #15 (pg. 17),C.Home & Community Care Block Grant Funding 2021-2022 Revision (pgs. 18-19),D.Person Industries Record Destruction (pg. 20),E.Request for Renewal of Indirect Cost Audit Service Agreement for 2022-2024
with Maximus US Services at $4,500 per year (pgs. 21-28), andF.Written Order for Denial of Special Use Permit for Parallel Infrastructure
LLC, SUP-05-21 (pgs. 29-32)
NEW BUSINESS:
ITEM #5 (pgs. 33-44)
GREAT Grant Partnerships:
Brightspeed and Charter Communications ……………………….. Katherine Cathey
ITEM #6 (pgs. 45-65)
Medical Insurance Plan Renewal ………………………………………….. Heidi York
ITEM #7 (pgs. 66-68)
Unified Development Ordinance Consultant Selection and
Steering Committee ………………………………………………………... Lori Oakley
ITEM #8 (pgs. 69-70)
Request to Approve Audit Firm …………………………………… Amy Wehrenberg
ITEM #9 (pg. 71)
Lead for North Carolina Fellow FY23 Funding Request ………… Katherine Cathey
ITEM #10 (pgs. 72-76)
Appointments to the PATS Transportation Advisory Board
and the Planning Board ………………………………………………... Brenda Reaves
ITEM #11 (pgs. 77-81)
COVID PIVOT Impact Loan Program ………………………. Commissioner Gentry
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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 the price and
other material terms of a contract or proposed contract for the acquisition of real
property by purchase, option, exchange, or lease with the following individuals
permitted to attend: County Attorney, Ellis Hankins, County Manager, Heidi York,
Clerk to the Board, Brenda Reaves, Assistant County Manager, Katherine Cathey,
Planning Director, Lori Oakley, and John Hill, Director of Arts, Parks and
Recreation.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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PROCLAMATION BY
Person County Board of Commissioners
On
THE WEEK OF THE YOUNG CHILD
WHEREAS, the Person County Partnership for Children and other local
organizations, in conjunction with the National Association for the
Education of Young Children, are celebrating the WEEK OF THE
YOUNG CHILD April 2-8, 2022; and
WHEREAS, by calling attention to the need for high-quality early childhood
services for all children and families within our community/state,
these groups hope to improve the quality and availability of such
services; and
WHEREAS, the future of Person County depends on the quality of the early
childhood experiences provided to young children today.
NOW THEREFORE, the Person County Board of Commissioners does hereby
proclaim the week of April 2-8, 2022 as THE WEEK OF THE YOUNG CHILD in
Person County and urge all citizens to recognize and support the needs of young
children in Person County.
Adopted this, the 21st day of March 2022.
____________________________________
Gordon Powell, Chairman
Person County Board of Commissioners
Attest:
____________________________________
Brenda B. Reaves, NCMCC, MMC
Clerk to the Board
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The Person County Board of County Commissioners will hold a public hearing on Monday,
March 21, 2022 at 9:00am in the Auditorium of 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 Copper Shell Lane to the database
of roadway names used for E‐911 dispatching. The proposed private roadway will be located
to the south of Antioch Church Rd between Houston Blalock Rd and Antioch Acres Dr in Flat
River Township. Article IV, Section 402 H of the Ordinance Regulating Address and Road
Naming in Person County requires any private roadway serving three or more homes to be
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 Manager
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AGENDA ABSTRACT
Meeting Date: March 21, 2022
Agenda Title: Public Hearing to add Copper Shell Lane, a private roadway, to the
database of roadway names for E-911 dispatching
Summary Information: There are no residences currently, but the area has been subdivided and
additional residences are planned to be added along a private driveway, which necessitates the
naming of the driveway (see map below).
Background Information: A 65-acre tract was subdivided into 5 lots served by an access easement.
One lot is currently under development, with additional residences anticipated in the near future. In
accordance with Article IV, Section 402 H of the “Ordinance Regulating Addresses and Road
Naming in Person County,” any driveway serving 3 or more addressable structures must be named.
Naming this road now will prevent future residents from having to change their addresses as more lots
are developed.
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
March 10, 2022 edition of the Roxboro
Courier-Times. A sign advertising the
public hearing was placed at the proposed
roadway location on the same date.
Adjacent property owners were contacted
in person and via certified mail. The
majority of individuals responded and
agreed upon a single road name, Copper
Shell Ln., which is compliant with all
naming regulations in the Ordinance.
Recommended Action: Approve the recommended roadway name.
Submitted By: Sallie Vaughn, GIS Manager
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March 7, 2022
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PERSON COUNTY BOARD OF COMMISSIONERS MARCH 7, 2022
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Heidi York, County Manager
C. Derrick Sims Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear S.Ellis Hankins, County Attorney
Charlie Palmer
Patricia Gentry
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, March 7, 2022 at 7:00pm in the in the Person County Office
Building.
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:
Chairman Powell stated a need for an agenda adjustment for 1) a request from the
Board of Education for the Board of Commissioners to authorize signature on the needs-
based capital infrastructure grant application and to approve a 5% match contribution if the
grant is awarded and 2) Closed Session #1 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 the price and other material
terms of a contract or proposed contract for the acquisition of real property by purchase,
option, exchange, or lease.
A motion was made by Vice Chairman Sims and carried 5-0 to add the two items
as Chairman Powell requested above and to approve the agenda as adjusted.
INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Mr. Jimmie Whitfield of 699 Charlie Reade Road, Timberlake asked the Board to
provide a listing of the COVID relief funding spent to date as well as provide citizens an
update on the transition plan of the potential shutdown of the Duke Energy power plants.
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March 7, 2022
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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 February 7, 2022,
B. Approval of Minutes of February 22, 2022,
C. Budget Amendment #13,
D. Budget Amendment #14,
E. Budget Transfer to Correct Budget Amendment #11,
F. Authorization for Golden LEAF Site Program Application, and
G. Person County Health Department Fee Request
NEW BUSINESS:
2021 EMPLOYEE ENGAGEMENT SURVEY RESULTS PRESENTATION:
Human Resources (HR) Director, Miranda Harrison stated the Person County HR
team completed an employee engagement survey in February 2022. The survey’s design
allowed staff to gather qualitative and quantitative data from employees about strengths
and opportunities of Person County as an employer. The results of the survey, along with
other important measures such as turnover and exit interview results can help the County
set priorities that will have a positive impact on employee engagement, retention, and
recruitment.
Ms. Harrison noted it was the intention of the Person County HR department, in
collaboration with County leadership, to utilize these results to develop an action plan that
capitalizes on the strengths and opportunities identified. A preliminary action plan was
included as one topic of this survey results presentation as Ms. Harrison requested the
Board’s consideration was given to feasibility and impact when identifying items of highest
priority. Some action items of significant importance include:
development of a program for succession planning;
increased emphasis on employee recognition and appreciation;
development of tools to support accountability;
review and updates to pay structure and practices; and
expanded employee training and development opportunities.
Ms. Harrison shared the following results preview presentation related to the 2021
Employee Engagement Survey:
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Ms. Harrison stated employees identified interaction with supervisors, overall
satisfaction and benefits as top strengths.
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Ms. Harrison stated employees asked for more diversity and leadership training,
development opportunities and more support with staffing workloads.
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Ms. Harrison noted the Action Plan would include a countywide communications
plan, policy review and a HR Audit. She recommended an internal/external audit that
would review pay comparisons and equity so to more accurately portray job descriptions
and to ensure base pay rate are in line with the market rate.
Ms. Harrison asked the Board for guidance and feedback noting the compensation
structure/equity analysis for Person County was projected to take nine months to complete.
County Attorney, Ellis Hankins said updated pay studies are needed from time to
time and helps to protect the county from potential discrimination litigation.
Vice Chairman Sims asked Ms. Harrison the anticipated cost of the study to which
she estimated between $130,000-$140,000 noting the County might have potential funding
sources in place to fund the study. Ms. Harrison indicated the cost of implementation of
the results of the study of course were unknown at this time. Ms. Harrison confirmed that
Person County has not ever had a comprehensive HR Audit; the last study completed was
a compression study in Fiscal Year 2020.
Commissioner Gentry asked if each employee knew their total compensation
package to which County Manager, Heidi York stated the job postings include a hiring
range or rate for the salary only. Highlighting the total cost and benefits to employees may
help recruit and retain employees.
Commissioner Gentry advocated for a Public Information Officer as well as the
new website as possible solutions to distribute to the community what is being done in
county departments.
Chairman Powell said exit interviews are important to know why people leave
county employment.
Commissioner Palmer asked staff how many full time and part time employees does
the County have to which Ms. York stated there are 400 full time and approximately 268
part time (seasonal) employees.
Commissioner Puryear stated support for programs for supervisors to acknowledge
their staff’s value as a member of the team for positive impact.
Ms. Harrison stated her willingness to move forward with the RFP for the study
once the Board was ready to proceed. Ms. York stated that she could include the study in
her Recommended Budget for Board consideration to fund.
The Board commended county employees for the good work they do for the
citizens.
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March 7, 2022
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REVIEW OF BOARD APPOINTED BOARDS AND COMMITTEES:
Commissioner Gentry asked staff if an assessment to determine which boards and
committees might not be relevant. County Manager, Heidi York stated there are currently
27 boards and committees on the Clerk’s rosters. In addition, there are also 10 non-county
boards and committees that request a Commissioner Representative to serve on those.
County Attorney, Ellis Hankins said many of the boards and committees are
statutorily required for policy decisions, i.e., ABC Board, Board of Elections, Board of
Equalization and Review, Board of Health, Industrial Facilities & Pollution Control
Financing Authority, Planning, Social Services Board, Tourism Development Authority
and the Workforce Development Regional Board and some of the other boards and
committees serve only in an advisory function. Both types of boards and committees solicit
citizen participation.
Commissioner Gentry asked Mr. Hankins if there was a conflict of interest with a
commissioner or commissioners serving on the Board of Equalization and Review to which
Mr. Hankins stated he did not see a conflict of interest for the commissioners to serve in
the quasi-judicial appeal process for the taxpayers.
Vice Chairman Sims asked Commissioner Gentry if she was OK with the
commissioner assignments to which she affirmed. Commissioner Palmer told Chairman
Powell that he had a conflict with the meeting time for the Juvenile Crime Prevention
Council to which Chairman Powell stated he would talk with him about it.
A REQUEST FROM THE BOARD OF EDUCATION FOR THE BOARD OF
COMMISSIONERS TO AUTHORIZE SIGNATURE ON THE NEEDS-BASED
CAPITAL INFRASTRUCTURE GRANT APPLICATION AND TO APPROVE A
5% MATCH CONTRIBUTION IF THE GRANT IS AWARDED:
Dr. Peterson, Superintendent for Person County Schools requested for the Board of
Commissioners to authorize its Chairman to sign the needs-based capital infrastructure
grant application and to approve a 5% match contribution if the grant is awarded. The grant
application is due on March 15th and requires a 5% match from the County. The amount
required for the match would be $1.5M. County Manager, Heidi York stated the match
could be covered in the $10M borrowing that the County is planning in the upcoming Fiscal
Year. Dr. Peterson noted the projected award date was April 2022 and would be used for a
new elementary school as a remedy to facility needs.
A motion was made by Commissioner Gentry and carried 5-0 to authorize the
Chairman to sign the needs-based capital infrastructure grant application as requested by
the Board of Education and to approve a 5% match contribution if the grant is awarded.
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March 7, 2022
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CHAIRMAN’S REPORT:
Chairman Powell reported the Airport Hangar was projected to be completed in
April. County Manager, Heidi York added a change in the fire suppression equipment
would not significantly delay the completion but would extend past April.
Chairman Powell said half of the funding for the Airport Runway Extension Project
had been received with the other half to be received by June 30th for a total of $12M; he
noted a timeline has been developed for this project.
Chairman Powell reported the DOT project to extend the four-lanes 501 North has
been ongoing since 1996.
MANAGER’S REPORT:
County Manager, Heidi York reported departmental budget meetings are underway
as she works to prepare her Recommended Budget.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims had no report.
Commissioner Gentry proposed to rescind the County’s March 16, 2020 along with
Amendment One dated April 7, 2020 Declaration of a State of Emergency relating to the
2019 Novel Coronavirus/COVID-19, and asked the County Manager to research if the
Board of Commissioners could rescind the local state of emergency, even as the Governor
of the state of NC has not rescinded the state declaration.
Commissioners Palmer and Puryear reiterated their appreciation for the hard work
of Person County employees.
CLOSED SESSION #1
A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed
Session at 8:30pm 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 the price and other material terms of a contract or
proposed contract for the acquisition of real property by purchase, option, exchange, or
lease with the following individuals permitted to attend: County Attorney, Ellis Hankins,
County Manager, Heidi York, Clerk to the Board, Brenda Reaves, Assistant County
Manager, Katherine Cathey, Planning Director, Lori Oakley, and John Hill, Director of
Arts, Parks and Recreation.
Chairman Powell called the Closed Session #1 to order at 8:32pm.
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March 7, 2022
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A motion was made by Vice Chairman Sims and carried 5-0 to return to open
session at 9:03pm.
ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 9:04pm.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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3/21/2022
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government
Environmental Health 688
Culture and Recreation 12,730
Human Services 540,941
REVENUES General Fund
Other Revenues 3,750
Intergovernmental Revenues 541,629
Charges for Services 8,980
Fund Balance Appropriation
EXPENDITURES PI & MRF Fund
Community Rehab Prog Services 29,334
Material Recovery Facility 8,381
REVENUES PI & MRF Fund
Intergovernmental Revenues 37,715
Explanation:
BUDGET AMENDMENT
Appropriating additional revenue received from the Soil and Water District Funds for equipment costs ($688);
received donation for the Kirby ($2,250) and Sportsplex ($1,500); recognizing additional recreation fees received for
services provided at the Sportsplex ($8,980); distributing COVID-related funds received in the Health Department for
related expenditures ($540,941); and recognizing one-time Medicaid bonuses from the State for various Person
Industries and Recycling Center employees ($37,715).
BA‐1517
AGENDA ABSTRACT
Meeting Date: March 21, 2022
Agenda Title: Home & Community Care Block Grant Funding 2021-2022 Revision
Summary of Information: Person County Senior Center has received additional Home &
Community Care Block Grant (HCCBG) funding in the amount of $20,129. This funding will be
applied to the Home Delivered Meals program to ensure clients added during the COVID
pandemic will continue to be served; this additional funding does not require any additional
match funding from the County.
Recommended Action: Approval of the additional HCCBG funds being added to the Home
Delivered Meals 2021-2022 budget for Person County Senior Center.
Submitted By: Maynell Harper, Aging Services Director
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AGENDA ABSTRACT
Meeting Date: March 21, 2022
Agenda Title: Person Industries Record Destruction
Summary of Information: Person Industries must obtain permission from the Board of
Commissioners for destruction of records over 11 years old.
Recommended Action: Routine record maintenance, shredding will occur at Person Industries for
2008 client archive files.
Submitted By: Amanda Everett, Director
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AGENDA ABSTRACT
Meeting date: March 21, 2022
Agenda Title: Request for Renewal of Indirect Cost Audit Service Agreement for 2022-2024 Summary of Information: Finance Director is requesting renewal of the attached Indirect Cost Audit Service
Agreement from Maximus US Services, Inc. (Maximus) for reporting years 2022-2024. As a reminder, indirect costs represent the expenses of doing business that are not readily identified with a particular grant, contract, project function or activity, but are necessary for the general operation of the County and the conduct of activities it performs. The most recent completed cost audit available is for
fiscal year ending 2020. Maximus has just begun the cost audit work for fiscal year ending 2021. Unlike the financial audit, the cost audit is typically completed 12-15 months after the end of the reporting year. The agreement provided proposes to hold at their current rate for the next three
years for $4,500 per year, charging a not-to-exceed total of $13,500. Recommended Action: To approve the audit firm’s three-year proposal as recommended, and approve
execution of the Service Agreement.
Submitted By: Amy Wehrenberg, Finance Director
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SERVICE AGREEMENT
This Service Agreement, (this “Agreement”), is entered into this June 30, 2022 (the “Effective
Date”), by and between Maximus US Services, Inc., ("Contractor" or “Maximus”), and Person
County, North Carolina, ("Client"). In consideration of mutual promises and covenants, the parties
agree as follows:
1. Scope of Services
Contractor will perform in a professional manner the Services detailed in Exhibit A.
2. Term
This Agreement commences on the Effective Date and remains in effect until the later of
April 15, 2026 or completion of, and payment in full for, the Services specified in Exhibit
A. Or, if earlier terminated in accordance with Section 4.
3. Compensation.
Client will pay Contractor the fees for services rendered as set forth in Exhibit A,
incorporated herein by reference as if fully set forth as part of this Agreement.
4. Termination.
a. Termination for Cause. Upon material breach of the terms of this Agreement, the
non-breaching party will provide written notice to the breaching party specifying
the nature of the breach. The breaching party will have 30 days (or a longer period
if the parties mutually agree) from the date of receipt to cure any the default prior
to the effective date of termination. Notice of default must be delivered by
certified mail or overnight courier.
b. Termination for Convenience. Either party may terminate this Agreement without
cause upon 60 days prior written notice to the other. In the event the Agreement
is so terminated by Client, Client will reimburse Contractor for all reasonable costs
incurred by Contractor due to such early termination.
c. Rights Upon Termination. Upon termination for whatever reason and regardless
of the nature of the breach (if any), Client agrees to pay Contractor in full for all
goods and/or services provided to Client under this Agreement, or any
amendment thereto, as of the effective date of termination of the Agreement.
5. Invoicing and Payment.
Client will pay Contractor a fee for Services rendered as set forth in Exhibit A. Unless
stated otherwise in Exhibit A, Client will pay all invoices in full within thirty (30) days of
the invoice date. Client agrees to at all times remain current on all amounts charged for
the Services and acknowledges and agrees that any breach of the foregoing shall
constitute a material breach under this Agreement entitling Contractor to pursue any and
all remedies available at equity or at law including the suspension or termination of the
Services provided hereunder.
6. Data Accuracy.
Contractor will guide the Client to determine the data required. Client represents that all
financial and statistical information provided to Contractor by Client, its employees and
agents is accurate and complete to the best of its knowledge. Client further acknowledges
and agrees that Contractor is entitled to rely upon the accuracy and completeness of the
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data to perform the Services. Client will provide all data in a timely manner sufficient to
allow Contractor to provide the Services. Contractor has no liability to Client for Client’s
provision of incomplete, inaccurate or untimely data.
7. Records and Inspections.
Contractor will maintain full and accurate records with respect to all matters covered
under this Agreement for 6 years after the completion of the Services. During such period,
Client will have the right to examine and audit the records and to make transcripts
therefrom. Client will provide 30 days’ prior written notice of its intent to inspect or audit
any such records and will conduct such inspection or audit only during Contractor’s
normal business hours and no more than once every six months. Any employee,
Contractor, subcontractor or agent of Client granted access to such records will execute
a non-disclosure agreement prior to being granted access.
8. Warranties.
Contractor warrants that it will perform the services in a manner consistent with the
standards typically practiced by similarly situated companies in the same industry.
Contractor specifically disclaims and the Client waives, all other express or implied
standard, guarantees and warranties, including but not limited to implied warranties of
merchantability, or fitness for a particular purpose, custom or usage, or otherwise as to
and good or services under this Agreement.
9. Client Representations & Warranties.
Client represents and warrants to Contractor that its use of the Services shall comply with
all applicable laws, statutes, ordinances, codes, rules, regulations, orders, judgments,
decrees, standards, requirements or procedures enacted, adopted, applied, enforced or
followed now or in the future by any federal or state governmental bodies or agencies.
Client further represents and warrants to Contractor that it has obtained all necessary
consents, rights and permissions to enter into this Agreement and use the Services in
accordance with the terms of this Agreement.
10. Ownership of Intellectual Property.
All work, reports, writings, ideas, designs, methods, computer software (both object and
source code) and data recorded in any form that exist and are owned by Maximus prior
to this Agreement, or that are created, developed, written, conceived or made by Maximus
or any third party (whether solely or jointly with others) as a result of, or relating
specifically to this Agreement, or in the performance of the Services under this Agreement
(collectively or separately, “Intellectual Property”) are and shall be the exclusive property
of Maximus and ownership shall vest in Maximus immediately upon creation. Nothing
herein shall be deemed to grant Client any rights to the Intellectual Property except as
explicitly stated in this Agreement.
11. Compatible Platforms/Hardware.
To the extent applicable to the Services that will be provided by Contractor,
notwithstanding any initial set-up and/or implementation services provided by Maximus
at the commencement of the Term, Client is responsible for obtaining, installing and
maintaining an appropriate operating environment, including all connectivity and
equipment as well as the necessary hardware, operating system software and other items
required to access and use the Services (the “Operating Environment”). Maximus will not
be responsible for any incompatibility between the Service and Client’s Operating
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Environment or for Client’s use of any third party software, hardware, browsers or other
products not specifically recommended or approved by Maximus for Client’s use with the
Services. Maximus will make written compatibility recommendations available to Client
at Client’s request, but, for clarity, Client is ultimately responsible for the compatibility
and operation of its Operating Environment.
12. Copyright for Contractor’s Proprietary Software.
To the extent that the Services provided by Contractor are generated by Contractor’s
proprietary software, nothing contained herein is intended nor will it be construed to
require Contractor to provide such software to Client. Client agrees that it has no claims
of ownership, including copyright, patents or other intellectual property rights to
Contractor’s software. Nothing in this Agreement will be construed to grant Client any
rights to Contractor’s materials created prior to the execution of this Agreement. All of
the deliverables prepared by Contractor for Client included in the Services are specifically
set out in Exhibit A.
13. Contractor Liability if Audited.
Contractor will, upon notice of audit, make work papers and other records available to the
auditors. Contractor’s sole responsibility under an audit will be to provide reasonable
assistance to Client through the audit and to make changes to the work product required
as a result of the audit. Contractor will not be liable for any audit disallowances or any
missed or lost revenue associated with, or related to, the Services, regardless of cause.
14. Indemnification.
To the extent allowed by law, each party (an “Indemnifying Party”) will defend, indemnify
and hold harmless the other party (an “Indemnified Party”) from and against any and all
third-party claims and resulting proven direct damages, liabilities and costs (including
reasonable attorney fees) to the extent proximately caused by the negligent actions or
willful misconduct of the Indemnifying Party, its employees or agents. The Indemnifying
Party will not be responsible for any damages, liabilities or costs resulting from the
negligence or willful misconduct of the Indemnified Party, its employees, Contractors, or
agents or any third party.
15. Limitation of Liability.
Client agrees that Contractor’s total liability to Client for any and all damages whatsoever
arising out of, or in any way related to, this Agreement from any cause, including but not
limited to negligence, errors, omissions, strict liability, breach of contract or breach of
warranty will not, in the aggregate, exceed USD $ 13,500.00.
In no event will Contractor be liable for indirect, special, incidental, economic,
consequential or punitive damages, including but not limited to lost revenue, lost profits,
replacement goods, loss of technology rights or services, loss of data, or interruption or
loss of use of software or any portion thereof regardless of the legal theory under which
such damages are sought even if Contractor has been advised of the likelihood of such
damages, and notwithstanding any failure of essential purpose of any limited remedy.
Any claim by Client against Contractor relating to this Agreement must be made in writing
and presented to Contractor within one (1) year after the date on which Contractor
completes performance of the services specified in this Agreement.
16. Notices.
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Any notices, bills, invoices, or reports required by this Agreement will be sufficient if sent
by the parties in the United States mail, postage paid, to the address noted below:
For Maximus: For: Person County, North Carolina
Elisa Medrano Amy Wehrenberg
Senior Consultant Finance Director
808 Moorefield Park Drive, Suite
205, Richmond,VA 23236,
304 S Morgan Street, Roxboro, NC
27573
Phone: 804.323.3535 336.597.7458
Fax: 703.251.8240 Fax:
Email:
elisamedrano@maximus.com
Email: Amyw@personcountync.gov
Any notice sent by certified mail will be deemed to have been given five (5) days after the
date on which it is mailed. All other notices will be deemed given when received. No
objection may be made to the manner of delivery of any notice actually received in writing
by an authorized agent of a party.
17. Changes.
The terms and scope of Services of this Agreement may be changed only by written
agreement signed by both parties.
18. Miscellaneous.
a. There are no third-party beneficiaries to this Agreement and nothing in this
Agreement will be construed to provide any rights or benefits to any third-party.
b. If Contractor is requested by Client to produce deliverables, documents, records,
working papers, or personnel for testimony or interviews with respect to this
Agreement or any services provided hereunder for any third party matter,
litigation or otherwise, then Client and Contractor will execute a change order or
new services agreement for the sole purpose of setting forth any payment and
the terms associated with Contractor’s response and related to the reasonable
fees of Contractor in responding. The foregoing does not: (1) diminish or negate
Contractor’s obligation to negotiate and defend all cost allocation plans and State
mandated cost claims as specifically provided for under this Agreement; or (2)
apply in the event Contractor is compelled by subpoena from a third party to
provide Contractor deliverables, documents, records, working papers, or
personnel for testimony or interviews.
c. The parties intend that Contractor, in performing the Services specified in this
Agreement will act as an independent contractor and will have full control of the
work and the manner in which it is performed. Contractor and Contractor's
employees are not to be considered agents or employees of Client for any
purpose.
d. In the event that any provision of this Agreement is held to be invalid, illegal or
unenforceable for any reason, this Agreement will continue in full force and effect
without said provision, the validity, legality and enforceability of the remaining
25
provisions will not in any way be affected or impaired thereby, and this Agreement
will be interpreted to reflect the original intent of the parties insofar as possible.
e. The titles of the sections, subsections, and paragraphs set forth in this Agreement
are inserted for convenience of reference only and will be disregarded in
construing or interpreting any of the provisions of this Agreement.
f. This Agreement and any additional or supplementary document or documents
incorporated herein by specific reference contain all the terms and conditions
agreed upon by the parties hereto, and no other agreements, oral or otherwise,
regarding the subject matter of this Agreement or any part thereof will have any
validity or bind any of the parties hereto. This shall include any purchase order
submitted or provided by Client, whether prior to or upon execution of this
Agreement, which shall be for Client’s internal purposes only. Consultant rejects,
and in the future is deemed to have rejected, any purchase order’s terms to the
extent they add to or conflict in any way with this Agreement or the applicable
Scope of Services, and such additional or conflict terms will have no effect.
g. Neither party will be liable hereunder by reason of any failure or delay in the
performance of its obligations hereunder on account of strikes, shortages, riots,
insurrection, fires, flood, storm, explosions, earthquakes, acts of God, war,
governmental action, labor conditions, material shortages or any other cause
which is beyond the reasonable control of such party.
h. Each individual signing this Agreement certifies that (i) he or she is authorized to
sign this Agreement on behalf of his or her respective organization, (ii) such
organization has obtained all necessary approvals to enter into this Agreement,
including but not limited to the approval of its governing board, and (iii) when
executed, this Agreement is a valid and enforceable obligation of such
organization.
i. Waiver by either party of a breach of any provision of this Agreement or the failure
by either party to exercise any right hereunder will not operate or be construed
as a waiver of any subsequent breach of that provision or as a waiver of that right.
IN WITNESS WHEREOF, the parties have executed this Agreement through their duly authorized
representatives.
Maximus US Services, Inc. Person County, North Carolina
By: By:
Name: Name:
Title: Title:
Date: Date:
26
EXHIBIT A
Compensation & Scope of Services
NC CO Person CAP 22-24
SCOPE OF SERVICES:
Contractor represents that it has, or will secure at its own expense, all personnel required in the
performance of Services under this Agreement. All of the Services required hereunder will be
performed by Contractor or under its supervision, and all personnel engaged in the work will be
fully qualified to perform the services described herein. Contractor reserves the right to
subcontract for Services hereunder.
Description of Services:
a)Development of a central services cost allocation plan, which identifies the various
cost incurred by the client to support and administer programs that provide
services directly to citizens. This plan will contain a determination of the allowable
cost of providing each supporting services such as purchasing, legal counsel,
disbursement processing, etc.
b) Prepare indirect cost proposals for federal grants as necessary.
c)Negotiation, of the completed cost allocation plan, with the representatives of the
State or federal government, whichever is applicable.
27
COMPENSATION:
For Services provided as set forth above, in this Exhibit A, Client agrees to pay Contractor
compensation in the amount of USD $ 13,500.00.
Contractor will render to Client one or more invoices for the fees specified herein, with payment
due thirty (30) days after the invoice date.
The fee breakdown is as follows:
Fiscal Year 2022 $4,500
Fiscal Year 2023 $4,500
Fiscal Year 2024 $4,500
28
AGENDA ABSTRACT
Meeting Date: March 21, 2022
Agenda Title: Written Order for Denial of Special Use Permit for Parallel Infrastructure LLC, SUP-05-21
Summary of Information: A Written Decision is required per NCGS 160D for case SUP-05-21- A request
by Parallel Infrastructure, LLC (Kelly Young) on behalf of the property owner, Estate of Lonnie Luxton
and Carol Luxton, to construct a new 305’ tall, self-supported wireless communications tower on 69 acres
located at 700 Pixley Pritchard Road (Tax Map and Parcel number A84-14) in the RC (Rural Conservation)
and B2 (Neighborhood Shopping) zoning Districts.
Recommended Action: Vote to approve the Written Decision of denial of Special Use Permit for Petition
SUP-05-21 (this Special Use Permit was denied by the BOC at their February 7, 2022 meeting. This Written
Decision is required per NCGS 160D-406 (j)).
Submitted by: Lori Oakley, Planning Director
29
1
PERSON COUNTY, NORTH CAROLINA
WRITTEN DECISION DENYING SPECIAL USE PERMIT APPLICATION
This matter came before the Person County Board of Commissioners for a quasi-judicial hearing
on February 7, 2022. The request was for a Special Use Permit for the construction of a 305’ tall
self-supported wireless communications tower on 69 acres located at 700 Pixley Pritchard Road
in Person County. The Board of Commissioners, based upon the sworn testimony and evidence
received at the public hearing, made the following findings and conclusions.
FINDINGS OF FACT
1. Petition SUP-05-21 – A request by the applicant, Parallel Infrastructure, LLC (Kelly
Young) on behalf of the property owner, Estate of Lonnie Luxton and Carol Luxton, to
construct a new 305’ tall self-supported wireless communications tower on 69 acres located
at 700 Pixley Pritchard Road, (Tax Map and Parcel number A84-14) in the RC (Rural
Conservation) and B2 (Neighborhood Shopping) Zoning Districts.
2. The Subject Property consists of vacant wooded land and pasture/farm land and a
significant amount of flood plain area. According to the proposed site plan, the proposed
telecommunications towers would be located outside of any FEMA regulated flood zone.
3. An adjoining tract contains a 250’ tall telecommunications tower established by Special
Use Permit in 2000.
4. As set forth in the Special Use Permit Application, the Subject Property is zoned RC (Rural
Conservation) and B2 (Neighborhood Shopping).
5. The Person County Planning Ordinance, Table of Permitted Uses, requires that application
be made for a Special Use Permit when proposing Radio, Telephone and TV Transmitting
Tower (Cell Tower) in the RC Zoning District. This is an allowed use in the B2
(Neighborhood Shopping).
6. The public hearing was properly noticed in accordance with all applicable laws and
regulations governing the noticing requirements for public hearings. At the beginning of
the hearing and prior to presentation of any evidence on the Special Use Permit
Application, the Board of Commissioners and everyone at the hearing was informed that
the hearing would be a quasi-judicial proceeding with sworn testimony from which the
Board of Commissioners would make a decision similar to a court of law. Every person
that presented evidence at the public hearing was properly sworn-in. The requirements for
conducting a quasi-judicial hearing were met and complied with.
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2
7. Section 155-3 of the Person County Planning Ordinance establishes findings the Board of
Commissioners must make in granting a Special Use Permit which include:
a. That the use will not materially endanger the public health or safety if located where
proposed and developed according to the plan submitted and approved;
b. That the use meets all required conditions and specifications;
c. That the use will not substantially injure the value of adjoining or abutting property,
or that the use is a public necessity; and
d. That the locations 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.
8. The staff report and all additional documents were submitted into evidence at the public
hearing.
9. The Applicant presented sworn testimony and/or exhibits in support of granting the Special
Use Permit. A representative of the applicant and one other expert witnesses testified in
support of granting the Special Use Permit: Mark Loubier (Parallel Infrastructure, LLC),
Steven Howard (AT&T). Several people testified in opposition to granting the Special Use
Permit: David Blalock (adjoining landowner), Pam Day (adjoining landowner), Joshua
Walthall (Attorney, SBA Communications, tower on adjoining property).
CONCLUSIONS
Having heard and reviewed the evidence presented at the hearing, and having made the above
referenced findings of fact, the Board of Commissioners concludes as follows:
1. By a unanimous vote (5-0) that the use would not materially endanger the public health or
safety if located where proposed and developed according to the plan submitted and
approved, thus the Board of Commissioners made this finding per Section 155-3(b)(1) in
the affirmative; and
2. By a unanimous vote (5-0) that the use did meet all required conditions and specifications,
thus the Board of Commissioners made this finding per Section 155-3(b)(2) in the
affirmative; and
3. By a unanimous vote (5-0) that the use would substantially injure the value of adjoining or
abutting property, or that the use was not a public necessity, thus the Board of
Commissioners made this finding per Section 155-3(b)(3) in the negative; and
4. By a unanimous vote (5-0) that the location and character of the use, if developed according
to the plan as submitted and approved, would not be in harmony with the area in which it
is to be located and not in general conformity with the Comprehensive Plan of Person
County, thus the Board of Commissioners determined that the requirement of Section 155-
3 (b) (4) were not met and therefore the special use permit could not be approved and
issued.
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3
Based on the foregoing, by a unanimous vote (5-0), the Special Use Permit was denied for the
following use:
1. The Applicant is not permitted to construct a 305’ tall self-supported wireless
communications tower on 69 acres located at 700 Pixley Pritchard Rd.
The Special Use Permit Application is not approved for the following reason(s):
1. The Board stated that the proposed use of a telecommunications tower did not meet #3 of
the compatibility standards as they concluded that the use would substantially injure the
value of adjoining or abutting property, and that the use was not a public necessity. The
Board stated that applicant did not offer any evidence showing that the value of adjoining
or abutting property would not be injured, or that the proposed use is a public necessity, in
light of the existing tower on the adjoining parcel, with no evidence that wireless services
in the area are inadequate.
2. The board stated that the use did not meet #4 of the compatibility standards as they felt that
the location and character of the use, if developed according to the plan as submitted, would
not be in harmony with the area in which it is to be located and would not be in general
conformity with the comprehensive plan.
Therefore, based on the foregoing, it is ordered that the Special Use Permit be denied.
Date: _________ ______________________________
Gordon Powell, Chairman
Person County Board of Commissioners
ATTEST:
___________________________________
Brenda B. Reaves, Clerk to the Board
32
AGENDA ABSTRACT
Meeting Date: March 21, 2022
Agenda Title: GREAT Grant Partnerships – Brightspeed and Charter Communications
Summary of Information: Person County has the opportunity to partner with Brightspeed and
Charter Communications to apply for two grants that would provide funding to improve
broadband infrastructure. Investing in broadband infrastructure is an allowable use for American
Rescue Plan (ARP) funding. Person County has been allocated $7,670,470 in ARP funds.
The information below summarizes the GREAT Grant program and the broadband infrastructure
expansion proposals received from Brightspeed and Charter. Maps showing the details for each
proposal will be presented during the meeting. Representatives from Lumen Technologies
(Brightspeed) and Charter will be present via Zoom to answer any questions.
GREAT Grant
The Growing Rural Economies with Access to Technology (GREAT) Grant is a competitive
grant program that provides funding to private sector broadband providers to deploy last-mile
broadband infrastructure to unserved areas of North Carolina. The current 2021-2022 funding
round may award up to $350 million in federal ARP funding. Applications are due April 4.
A single grant award shall not exceed $4 million. No combination of grant awards involving any
single county may exceed $8 million in a fiscal year. The GREAT Grant is a competitive grant
program. Applications will be scored based upon a system that awards a single point for criteria
considered to be the minimum level for the provision of broadband service with additional points
awarded to criteria that exceed minimum levels. A county may use unrestricted general funds or
federal ARP funds for the purpose of improving broadband infrastructure for a financial match.
An applicant may receive additional points for a proposed partnership where the county's
financial match is comprised entirely from federal ARP funds intended for broadband
infrastructure.
Brightspeed (Lumen/CenturyLink)
Brightspeed is a new company that will initially be comprised of the assets and associated
operations of Lumen Technologies (which includes CenturyLink) across 20 states. Brightspeed
plans to invest more than $2 billion to build a network that will bring faster, more reliable
Internet and Wi-Fi to communities throughout the Midwest, Southeast, and certain parts of
Pennsylvania and New Jersey. Brightspeed’s planned fiber optics transformation is expected to
reach up to 3 million homes and businesses over the next 5 years, including in many places
where fiber and advanced technology have not historically been deployed to help bridge the
digital divide. Brightspeed will be headquartered in Charlotte, NC.
Brightspeed has presented Person County with three options to extend their planned fiber
33
infrastructure in the county, reaching an additional 2,350 to 3,540 unserved premises. Each
option would be funded with an estimated $4 million GREAT Grant from the state in addition to
provider and county financial contributions.
Brightspeed Option 1 Option 2 Option 3
Premises Reached 2,352 3,042 3,542
Fiber (miles) 91.8 139.7 182.1
Requested from County $750,000 $1.50M $3.50M
Charter Communications (Spectrum)
Charter’s proposed project would build 97 miles of fiber and reach approximately 500 unserved
premises. The new fiber routes would position Charter closer and within easier reach to an
additional 734 underserved premises. The project would be funded with an estimated $2.6
million GREAT Grant in addition to provider and county financial contributions. Charter intends
to apply for a GREAT Grant for this project with or without county financial support, but a
county commitment of $250,000 in ARPA funds would help improve the score for the grant
application.
This project would be in addition to the work that Charter is currently doing to expand its
network to reach an additional 1,000 premises in Person County through a Federal Rural Digital
Opportunity Fund (RDOF) grant.
Charter Option 1
Premises Reached 500
Fiber (miles) 97.0
Requested from County $250,000
Future Broadband Infrastructure Projects
After the GREAT Grant application period closes, the NC Department of Information
Technology (NCDIT) will share guidance related to the new Completing Access to Broadband
(CAB) Grant program. This new program will provide an opportunity for individual NC counties
to partner with NCDIT to fund broadband deployment projects in unserved areas of each county.
The CAB Grant program complements the GREAT Grant program to provide solutions to areas
not served by the GREAT Grant. Per legislation, projects applied for and not funded under the
GREAT Grant can be considered for funding under the CAB Grant program
Brightspeed and Charter have expressed an interest in continuing to partner with Person County
to expand broadband infrastructure through this program.
The Board of Commissioners may want to designate additional ARP funds to hold in reserve for
future broadband infrastructure projects. Although the county may designate the entirety of its
ARP allocation as revenue replacement, and use the funds for general government services, any
ARP funds used for broadband infrastructure must be specifically designated for this purpose to
meet federal reporting requirements.
34
Recommended Action: 1) Designate ARP funds for broadband expansion, 2) Approve Option
1, 2, or 3 and authorize the county manager to sign the Memorandum of Understanding (MOU)
(Brightspeed), 3) Approve the Resolution of Support (Charter), 4) Authorize the board chairman
to sign a letter of support for both grant applications.
Submitted By: Katherine M. Cathey, Assistant County Manager
Attachments: 1) Memorandum of Understanding (Brightspeed), 2) Resolution of Support
(Charter), 3) Confidentiality Agreement (Charter)
35
1
MEMORANDUM OF UNDERSTANDING
The parties to this Memorandum of Understanding (“MOU”) are SAMPLE County,
North Carolina (“SAMPLE County”) and Connect Holding II, LLC d/b/a Brightspeed
(“Brightspeed”). The purpose of this MOU is to establish a commitment by the parties to partner
in the North Carolina Growing Rural Economies with Access to Technology (“GREAT”)
program established by the North Carolina Broadband Infrastructure Office (“Broadband
Office”). Although a partnership between SAMPLE County and Brightspeed has not yet been
formalized for the Brightspeed - SAMPLE County Fiber Project (“Project”), which Project is
described more specifically below, both parties are anticipating to collaborate on a contract
(“Contract”) to be executed if the Broadband Office awards a GREAT Grant to Brightspeed for
the Project during the supplemental round of applications due on April 4, 2022. The Contract
would require Brightspeed to complete the Project and would require SAMPLE County to pay
Brightspeed a portion of the costs associated with the Project. Neither party would be under any
obligation to the other: (1) if Brightspeed is not awarded the Project by the Broadband Office; or
(2) if, in Brightspeed’s sole discretion, Brightspeed chooses not to submit an application to the
Broadband Office for the Project. The various obligations in the Contract contemplated by the
parties are summarized below:
If Brightspeed is awarded the Project by the Broadband Office, Brightspeed would commit to:
a. Execute a five-year service agreement with the Broadband Office for the Project,
which will deploy fiber-to-the-home service to approximately XXXXX locations
with a total Project cost of approximately $XXX,000;
b. Draft and submit to SAMPLE a draft Contract once advised by the Broadband
Office of a successful application and anticipated award.
c. Execute a Contract with SAMPLE County to formalize a partnership whereby
Brightspeed, under the ownership of Connect Holding, LLC will complete the
Project and SAMPLE County will pay a portion of the Project costs as described
below and in the Contract;
d. Complete all Grant Activities to be described in the Contract;
e. Provide a copy of any required Progress Report to SAMPLE County on the status
of the Project;
f. Notify SAMPLE County if its assistance is needed with the Project;
g. Submit requests for payment SAMPLE County when the Project is completed,
or earlier at the request of SAMPLE County;
h. Complete all Project work within the required timeframe;
i. Provide SAMPLE County information on the locations where broadband had
been enabled as part of the Project;
j. Prepare and execute any required nondisclosure agreements related to the
Project; and
k. Include this MOU in its application to the Broadband Office for the Project.
SAMPLE County would commit to:
36
2
a. Execute a Contract with Brightspeed, if Brightspeed is awarded the Project by the
Broadband Office. The Contract will formalize a partnership whereby
Brightspeed will complete the Project and SAMPLE County will remit
$XXX,000 to Brightspeed at the conclusion, as addressed in this MOU and the
Contract;
b. Include, as part of the remittance of the $XXX,000, any American Rescue Plan
Act (“ARPA”) funding;
c. Obtain all necessary approvals to enter the Contract and remit $XXX000 to
Brightspeed at the conclusion of the Project;
d. Process requests for payment for the Project pursuant to the Contract in a timely
manner;
e. Provide assistance with the Project in accordance with the Contract within the
scope of SAMPLE County's authority;
f. Execute any necessary non-disclosure agreement related to the Project;
g. Provide information about the Project on the SAMPLE County Broadband
Initiative website;
h. Assist in publicizing the Project to SAMPLE County residents; and
i. Allow Brightspeed to include this MOU in its application to the Broadband
Office for the Project.
Connect Holding II, LLC d/b/a Brightspeed
Name (printed):
Title:
Signature:
Date:
SAMPLE COUNTY
Name (printed):
Title:
Signature:
Date:
37
RESOLUTION SUPPORTING A PARTNERSHIP WITH CHARTER
COMMUNICATIONS IN THE NORTH CAROLINA GROWING RURAL ECONOMIES
WITH ACCESS TO TECHNOLOGY (“GREAT”) GRANT PROGRAM
WHEREAS, Person County has been made aware of the opportunity to partner with
Charter Communications in the North Carolina Growing Rural Economies with Access to
Technology (“GREAT”) Grant program; and
WHEREAS, the GREAT Grant is a competitive grant program that provides funding to
private sector broadband providers to deploy last-mile broadband infrastructure to unserved areas
of North Carolina; and
WHEREAS, funding is available for up to $4 million for a single grant award and up to
$8 million in a fiscal year for any single county; and
WHEREAS, an applicant may receive additional points for a proposed partnership where
the county's financial match is comprised entirely from federal ARP funds intended for broadband
infrastructure; and
WHEREAS, Charter Communications desires to partner with Person County and requests
a contribution of $250,000 to provide a match for the grant should the grant application be
successful; and
NOW, THEREFORE BE IT RESOLVED by the Person County Board of
Commissioners that The Chairman be, and is hereby authorized, to:
1. Sign a Confidentiality Agreement with Charter Communications.
2. Execute, in a prompt manner, a Contract with Charter Communications, if Charter
Communications is awarded the Project by the Broadband Office. The Contract will
formalize a partnership whereby Charter Communications will complete the Project
and Person County will remit $250,000 to Charter Communications, as addressed in
the Contract.
RESOLVED this 21st day of March, 2022.
Gordon Powell, Chairman
ATTEST:
Brenda B. Reaves, Clerk to the Board
38
Confidential
NDA Page 1 of 6
CONFIDENTIALITY AGREEMENT
THIS CONFIDENTIALITY AGREEMENT (this “Agreement”) is made and entered into as of the
6th day of October, 2021 (the “Effective Date”) by and between Spectrum Mid-America, LLC, by its
Manager Charter Communications, Inc., having a place of business at 12405 Powerscourt Drive, St. Louis,
Missouri 63131-3668 (“Charter”) and Person County, having its headquarters located at 304 S Morgan St.
Roxboro, NC 27573 (“County”). Charter and County may each be referred to in this Agreement
individually as a “Party” and collectively as the “Parties.”
RECITALS
A. Charter, either directly or through its Affiliates (defined below), provides broadband
communications services to residential and commercial subscribers located in various communities
throughout the United States.
B. The County is engaged in the business of government services.
C. The Parties are interested in discussing a potential business relationship wherein Charter and
County partner on broadband infrastructure grant (the “Potential Relationship”).
D. In connection with the foregoing, it may be necessary for Charter to provide County with certain
Confidential Information (as defined below).
THEREFORE, in consideration of the mutual promises contained herein, the Parties hereto agree
as follows:
TERMS AND CONDITIONS
1. Definitions.
(a) Affiliate. As used in this Agreement, the term “Affiliate(s)” means (i) with respect
to Charter, Charter Parent, any entity that is Controlled by Charter Parent, or any entity in which Charter
Parent holds the power to vote, directly or indirectly, 25% or more of the voting securities; or (ii) with
respect to County, any entity that directly or indirectly Controls, is Controlled by, or is under common
Control with County. For purposes of the foregoing, “Charter Parent” means the ultimate parent entity of
Charter, which is the parent entity that holds the power to vote, directly or indirectly, 50% or more of the
voting securities of Charter but in which no person or entity holds the power to vote 50% or more of such
parent entity’s voting securities; and “Control” means the power to direct the management and policies of
an entity, directly or indirectly, whether through the ownership of voting securities by contract or otherwise.
(b) Confidential Information. As used in this Agreement, the term “Confidential
Information” means all non-public information, ideas, concepts, plans and data communicated, whether in
writing, by computer memory, orally or in any other form or manner, by Charter to County and designated
as being confidential, or which under the circumstances surrounding disclosure a reasonably prudent person
would deem confidential, including, but not limited to, information relating to (i) the Potential Relationship;
(ii) Charter’s products, services and strategies and (iii) Charter’s customer and employee information,
including, but not limited to, information reflecting names, addresses, telephone numbers, social security
numbers, credit card or other payment information, assets and obligations of customers or employees, or
any other information that could identify, relate to, describe, or is capable of being associated with a
particular Charter customer or employee (collectively, “Charter Customer Information”); provided,
however, except with respect to Charter Customer Information, the term “Confidential Information” shall
not include information which (w) is or becomes generally available to the public other than as a result of
39
Confidential
NDA Page 2 of 6
a disclosure by County or any of its Representatives (as defined below) in violation of this Agreement; (x)
was within County’s possession or knowledge prior to it being furnished to County pursuant to this
Agreement, as shown by the files of County in existence at the time of disclosure, and at a time when
County was under no obligation to Charter to keep such information confidential and provided that the
source of such information was not known by County to be bound by an obligation of confidentiality to
Charter; (y) becomes available to County on a non-confidential basis from a source other than Charter,
provided that, to County’s knowledge, such source is not bound by a confidentiality agreement with, or
similar obligation to, Charter with respect to such information; or (z) is independently developed by County
under circumstances not involving a breach of this Agreement by County and without any use of any
Confidential Information. In the event County claims that any of the foregoing exceptions apply, County
shall have the burden of proving such applicability.
(c) Representatives. As used in this Agreement, the term “Representatives” means,
with respect to either Party, such Party’s directors, officers, employees, agents, legal counsel, consultants
or other representatives.
(d) In the event that County is a government entity required to comply with records
requests from the public through a Freedom of Information Act request under 5. U.S.C. § 552 or through
another similar state or local law or regulation applicable to County (“Government Records Request Law”),
County agrees that Charter’s Confidential Information is exempt from such disclosure under the applicable
Government Records Request Law as confidential trade secrets or commercial or financial information, or
similar applicable exemption under the Government Records Request Law applicable to County ", to the
maximum extent allowed by the applicable statute, N.C.G.S. 132-1.2. To the extent that County is
otherwise required to disclose Charter Confidential Information in response to a Government Records
Request, County will provide Charter written notice sufficient to allow Charter to seek a protective order
or other appropriate remedy.
2. Proprietary Nature and Use of Confidential Information. County acknowledges the
confidential and proprietary nature of the Confidential Information, and agrees to use the Confidential
Information for the sole purpose of evaluating the Potential Relationship. County shall treat the
Confidential Information with the same degree of care with which it treats its own confidential information,
and in no event less than a reasonable degree of care. County shall comply with all applicable U.S. export
and all other applicable laws, rules and regulations with respect to the Confidential Information. Each Party
agrees that it does not intend to, nor will it, directly or indirectly, export, re-export, import or transmit any
Confidential Information in violation of restrictions or rules imposed by the United States Government or
any other jurisdiction, including, but not limited to, the International Traffic in Arms Regulation, 22 CFR
120-130, and the Export Administration Regulation, 15 CFR Parts 730 et seq. The Parties further agree to
comply with sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets
Control (“OFAC”) and shall not transmit Confidential Information to any person or entity designated as a
“specially designated national and blocked person” on the current list published by OFAC at its official
website (https://www.treasury.gov/ofac/downloads/sdnlist.pdf) or at any replacement website or other
replacement official publication of such list.
3. Disclosure and Confidentiality of Confidential Information.
(a) County agrees that, without the express written consent of Charter, County will
not, at any time, (i) divulge, furnish, disclose or make accessible to any person, firm, organization or
corporation, in any manner whatsoever, any of the Confidential Information; or (ii) use any of the
Confidential Information for County’s own benefit or for the benefit of any third party. Notwithstanding
the foregoing, County may disclose the Confidential Information to those of County’s Representatives who
are directly involved in the evaluation of the Potential Relationship, provided that each such Representative
is required to protect and otherwise not disclose or use the Confidential Information other than as provided
40
Confidential
NDA Page 3 of 6
in this Agreement, and is advised of the confidential nature of the Confidential Information and agrees to
be bound by the provisions of this Agreement; provided, however, that County shall in all events be
responsible to Charter for any action or inaction of such Representatives that would violate this Agreement.
County shall refrain from copying the Confidential Information, in whole or in part, except as required in
furtherance of the uses permitted by this Agreement and subject to the accurate reproduction of all
proprietary legends and notices located in the originals. In the event of any loss or unauthorized disclosure
of or any unauthorized use of, the Confidential Information, County shall promptly notify Charter in writing
thereof.
(b) To the extent Charter Customer Information is shared pursuant to the terms of this
Agreement, or otherwise accessed or obtained by County, it will be maintained by County consistent with
Charter’s customer privacy policies found at www.spectrum.com under “Your Privacy Rights,” as such
policies may be changed from time to time by Charter in its sole discretion. In addition to the foregoing,
County acknowledges and agrees that it will comply with all applicable federal and state laws and
regulations governing the collection, maintenance, transmission, dissemination, use, deletion or destruction
of Charter Customer Information, including, but not limited to, the Cable Communications Policy Act of
1984, as amended (47 U.S.C. §551), the Electronic Communications Privacy Act (18 U.S.C. §2701 et seq.),
Cal. Penal Code §637.5 and the Payment Card Industry Association Security Standards. County shall
indemnify Charter for any costs and expenses, including reasonable attorneys’ fees, Charter incurs as a
result of a breach by County of this Section 3(b). For purposes of any privacy laws, including without
limitation the California Consumer Privacy Act, to the limited extent of such law’s applicability, County
shall be considered a third party to whom Charter is disclosing information for a business purpose.
(c) In the event County is compelled, pursuant to a lawful requirement or request from
a court or governmental agency acting within its jurisdiction, to disclose any of the Confidential
Information, County shall (i) endeavor to give Charter written notice, to the extent not otherwise prohibited
by law, sufficient to allow Charter enough time to seek a protective order or other appropriate remedy and
shall consult, to the extent practicable, with Charter in an attempt to agree on the form, content, and timing
of such disclosure; and (ii) disclose only such of the Confidential Information as is required, in the opinion
of its counsel, to comply with such legal requirement, and shall use commercially reasonable efforts to
obtain confidential treatment for any of the Confidential Information disclosed. Any such required
disclosure shall not, in and of itself, change the status of the disclosed information as Confidential
Information under the terms of this Agreement.
4. Reports Generated from Confidential Information. Any reports or other documents, in
whatever form or medium, which result from the efforts of the Parties hereto in connection with the
discussions contemplated by this Agreement shall be governed by the same terms and conditions of this
Agreement respecting confidentiality and use as applies to the Confidential Information itself.
5. Ownership and Return of Information. All Confidential Information hereunder shall be
and remain the property of Charter. County shall not obtain any rights in or to any of the Confidential
Information disclosed to County as a result of such disclosure. County shall have the technical capability
to permanently delete, destroy or return to Charter (whichever Charter elects) the Charter Customer
Information of any individual identified by Charter, and County shall do so promptly at Charter’s direction.
Additionally, upon the written request of Charter, County shall promptly delete, destroy or return to Charter
(whichever Charter elects) any or all of the Confidential Information received under this Agreement. Upon
Charter’s written request, County, or its Representative, as applicable, shall certify to Charter that the
Charter Customer Information and/or Confidential Information has been deleted, destroyed, or returned to
Charter as instructed. With the exception of any Charter Customer Information provided to or otherwise
obtained by County, all of which must be permanently destroyed by County or returned to Charter, (a)
County’s counsel may retain one (1) copy of the Confidential Information for evidentiary purposes; and (b)
County shall not be required to delete or destroy any back-up tapes that capture Confidential Information
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which cannot be reasonably deleted or destroyed; provided, however, that any Confidential Information
retained by County, as authorized under this Section of the Agreement, shall remain subject to this
Agreement for so long as such Confidential Information is retained and, if County has incorporated the
Confidential Information into any internal memoranda or other materials, County must exercise
commercially reasonable efforts to redact or otherwise expunge all such Confidential Information from
such materials.
6. Confidentiality of Discussions. Except as required by law, County shall not, without
Charter’s written consent, disclose that discussions have been held between the Parties or that any potential
relationship has been proposed until such time, if any, as discussions of the Potential Relationship become
known to the general public, other than as a result of a disclosure by County or any of its Representatives
in violation of this Agreement.
7. Restrictions under Securities Laws. County acknowledges that it is aware, and will advise
any Representatives who are informed as to the matters which are the subject of this Agreement, that federal
and state securities laws may prohibit any person who has received material, non-public information from
an issuer of securities from purchasing or selling securities of such issuer or from communicating such
information to any other person under circumstances in which it is reasonably foreseeable that such person
is likely to purchase or sell such securities.
8. Non-Binding Nature of Discussions. The Parties hereto agree that this Agreement is not
intended to, and does not, obligate Charter or County, or any other party, to enter into further agreements
or to proceed with any potential relationship or transaction. Charter and County agree that unless and until
a definitive agreement with respect to the Potential Relationship has been executed and delivered, neither
Charter nor County will be under any legal obligation of any kind whatsoever with respect to such a
relationship by virtue of this or any written or oral expression with respect to such a relationship by any of
their respective Representatives, other than this Agreement, for the matters specifically agreed to herein.
Charter and County each further acknowledge and agree that, prior to the execution of this Agreement and
prior to any of the discussions described herein, Charter has discussed, developed and/or implemented other
business relationships similar to the Potential Relationship, and that this Agreement shall not restrict Charter
from continuing to discuss, develop and/or implement arrangements similar to the Potential Relationship
with other parties, provided that Charter does not disclose any of the Confidential Information received
under this Agreement.
9. Accuracy of Information. All information disclosed by Charter to County hereunder is
provided “AS IS.” Charter makes no implied or express representations or warranties as to the accuracy or
completeness of the Confidential Information. Charter will have no liability to County resulting from
County’s use of the Confidential Information. County further agrees that County is not entitled to rely on
the accuracy or completeness of the Confidential Information.
10. Remedies. County acknowledges that the Confidential Information is of such character as
to render it unique and therefore agrees that disclosure or use thereof in violation of the within covenants
may cause irreparable damage to Charter. Accordingly, County agrees and consents that in the event that
any action or proceeding shall be instituted by Charter to enforce any provision of this Agreement, County
waives the claim or defense in any such action that there is adequate remedy at law available to Charter,
and County shall not urge in any such action or proceeding the claim or defense that such remedy at law
exists. The Parties agree that Charter’s remedies for any breach of this Agreement by County shall be
cumulative, and the seeking or obtainment of injunctive relief shall not preclude a claim or award for
damages or other relief.
11. Inspections and Investigations. Upon reasonable request from Charter, County shall
provide access to, and the right to inspect, all records relating to the collection, processing or transfers of
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data relating to Charter Customer Information. Unless otherwise agreed, any such inspection shall occur
only at the business offices of County during normal business hours and shall be conducted by a mutually
approved third-party inspector, which approval shall not be unreasonably conditioned, delayed or withheld
by either Party. Additionally, County shall cooperate in any regulatory investigation or in any internal
investigation by Charter, and in responding to any inquiry by any Charter customer, relating to Charter
Customer Information. Charter shall bear the expense of any audit/investigation conducted pursuant to this
Section 11, unless such audit/investigation reveals a breach of this Agreement by County, in which case
County shall be responsible for all such expense.
12. Complete Agreement. This Agreement contains the complete understanding between the
Parties hereto with respect to the treatment of the Confidential Information as defined herein and may not
be varied or terminated otherwise than in accordance with its terms, except by written agreement by the
Parties.
13. Governing Law. This Agreement, and all matters arising out of or relating to this
Agreement, will be governed by the laws of the State of North Carolina (without regard to any applicable
conflicts of law rules) and the federal laws of the United States. Further, neither the United Nations
Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information
Transactions Act will apply to this Agreement. With respect to this Agreement, and all matters arising out
of or relating to this Agreement, County consents to exclusive jurisdiction and venue in the federal district
court in the Middle District of North Carolina, unless no federal subject matter jurisdiction exists, in which
case County consents to exclusive jurisdiction and venue in the state courts of North Carolina. County
hereby irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may
now or hereafter have to the laying of venue of any such proceeding brought in such a court and any claim
that any such proceeding brought in such a court has been brought in an inconvenient forum.
14. Non-Assignability. County may not assign its rights under this Agreement without the
prior written consent of Charter.
15. Waiver. The failure by either Party to insist upon strict compliance with any of the terms,
covenants or conditions hereof shall not be deemed a waiver of such terms, covenants or conditions nor
shall any waiver or relinquishment of any right or power hereunder at any one time or more times be deemed
a waiver or relinquishment of such right or power at any other time or times.
16. Severability. The provisions of this Agreement are divisible. If any provision of this
Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and
effect, provided that if any such provision is deemed invalid or unenforceable as to any period of time,
territory or business activities, such provision shall be deemed limited to the extent necessary to render it
valid and enforceable.
17. Counterparts. This Agreement may be executed in one (1) or more counterparts, each of
which (once executed) shall be deemed an original, and all of which shall together be deemed to constitute
one agreement. A signature delivered by facsimile or electronic means shall be deemed to be an original
and valid signature for all purposes hereunder.
18. Notices. All notices required or otherwise sent under this Agreement must be in writing
and delivered via: (i) email and concurrent notice sent via certified mail, return receipt requested; (ii)
certified mail (return receipt requested); or (iii) nationally recognized overnight courier with package
location and delivery tracking capabilities. Notice shall be deemed to have been given upon receipt thereof
as evidenced by the applicable documentation (electronic receipt for email, return receipt for mail, or receipt
records of the courier). Notice must be addressed to the respective Party hereof using the following
addresses:
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Justin DeLancey
150 Fayetteville St.,
Suite 1160,
Raleigh, NC 27601
With copies to:
Charter Communications
Legal Department - Operations
12405 Powerscourt Drive
St. Louis, MO 63131
AND
LegalNotices@charter.com
Either Party may change its address at any time provided that it gives the other Party notice of such change
in compliance with this provision.
19. Term/Survival of Obligations. The term of this Agreement shall be one (1) year, beginning
on the Effective Date and expiring at midnight at the one (1) year anniversary of the Effective Date. The
obligations of confidentiality with regard to information disclosed under this Agreement or otherwise
accessed or obtained in connection with the discussions covered by this Agreement, shall terminate five (5)
years from the expiration of this Agreement; provided, however, that: (i) the obligation to maintain the
confidentiality of Charter Customer Information shall continue in perpetuity; and (ii) notwithstanding any
other provision of this Agreement to the contrary, the obligations set forth in the last three sentences of
Section 2 will survive the expiration of this Agreement and shall continue in perpetuity.
IN WITNESS WHEREOF, the Parties have caused this Agreement to be executed by their duly
authorized representatives as of the dates below.
Spectrum Mid-America, LLC Person County
By: Charter Communications, Inc.,
Its Manager
By: By:
Name: Name:
Title: Title:
Date: Date:
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AGENDA ABSTRACT
Meeting Date: March 21, 2022
Agenda Title: Medical Insurance Plan Renewal
Summary of Information: The County utilizes the services of Mark III as its insurance broker.
With the upcoming renewal and continued escalating costs of health insurance for county
employees, staff has requested that Mark III provide an update to the Board. Mark Browder of Mark
III will be presenting a history of the County’s plan, its performance, the bid results obtained, and
the recommendations developed between Mark III and county staff.
The cost of the health insurance plan will be included in the upcoming FY23 budget.
Recommended Action: Receive the information and provide feedback to staff for moving forward.
Submitted By: Heidi York, County Manager
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AGENDA ABSTRACT
Meeting Date: March 21, 2022
Agenda Title: Unified Development Ordinance Consultant Selection and Steering Committee
Summary of Information: On December 29, 2021, staff released an RFP (Request for Proposals) for a
new Unified Development Ordinance (“UDO”) for Person County. Five consulting firms submitted
proposals including Insight, S&ME, Inc., Stewart, CodeWright and Benchmark. All of the submittals that
staff received were at or under the original proposed budgeted amount of $100,000.
Staff evaluated each proposal and ranked the RFP’s according to the criteria that was listed in the RFP. The
highest scoring firms were CodeWright, Stewart and Benchmark. Staff then conducted phone interviews
with the highest scoring firms, reviewed their existing bodies of work and contacted their references. Based
on the RFP submittal, phone interview, and references, staff recommends selecting Benchmark as the
consultant for the new UDO.
Benchmark recently completed the Joint Comprehensive Land Use Plan for the County and City of Roxboro
and is very familiar with the county. Staff reviewed recent UDO’s that Benchmark drafted for other
jurisdictions and found them aesthetically pleasing, easy-to-navigate and they met all NC General Statute
requirements. Benchmark also proposed an extensive public participation process to engage citizens and
stakeholders along with Planning Board and Board of Commissioner members throughout the process.
Separately, staff would also like to proceed with advertising for a UDO Committee that will be involved in
the creation of a new UDO. Staff proposes that the UDO Committee consists of the following: one (1)
BOC member, one (1) Planning Board member, the Economic Development Director (or her designee),
five (5) citizens/land owners/business owners in the county and two (2) Planning staff members.
Recommended Action(s):
1.Staff recommends that the Board select Benchmark as the consulting firm to draft the new UDO
for the county. Work on the new UDO shall begin immediately after execution of a contract with
the firm.
2.Staff would also like to advertise for a new UDO Committee to be appointed by the board at a later
date (in April or May).
Submitted By: Lori Oakley, Planning Director
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FirmInsightS&ME, Inc.StewartCodeWrightBenchmarkPrimary Contact PersonC. Ryan Cox Sarah Sinatra Gould Jay McLeodChad Meadows & Timmons GroupJason EpleyConsulting Firm Location Wilmington, NCRaleigh, NCRaleigh, NC Durham, NC / Raleigh, NC Charlotte, NCEstimated Cost of Contract$84,900 $81,370 $100,000 $98,700 $96,195 Estimated Timeframe18 months13 months10 ‐ 17 months18 months16 monthsPublic Participation /Outreach Project website, Minimum of 10 meetings ‐ Initial meeting with staff, 6 UDO Committee meetings, 1 PB work session, 1 mid‐project review meeting, 1 public hearing with BOCProject website, Kick‐off meeting, 2 stakeholder committee meetings, 1 public workshop, 1 PB meeting, 2 readings at BOCProject website, minimum of 4 Steering Committee meetings, Stakeholder interviews, Public Open house workshop, PB meeting, BOC meetingProject website, Kick‐off meeting, Stakeholder interviews, Up to 8 UDO Committee meetings, 3 public forums, 5 work sessions, PB meeting and BOC meeting for adoption of UDO and BOC meeting for adoption of new zoning mapProject website, Initial meeting with staff, initial meeting/work session with PB, meeting with BOC, Stakeholder interviews, work sessions with PB/UDO Committee members, public workshops, additional work sessions/listening sessions, PB public hearing meeting, BOC public hearing meetingUDO Plans prepared by the firmCity of Roxboro (2017), Town of Columbus (2021), City of Laurinburg (2016)Manatee County, FL, City of Kissimmee, FLFranklin County (2021), Guilford County (2020), City of Eden, (2020), Town of Lillington (2017)Camden County (2019), City of Laurel Park (2021), Currituck County (2012), City of Burlington (2019Onslow County, Pilot Mountain, York County, SC (all within last 4 years)Familiarity with Person CountyCompleted Roxboro's UDO in 2017Not discussed in detailNot discussed in detail; however they have worked with surrounding countiesThorough review of existing codes and existing discrepancies noted. Also, Timmons Group prepared the site plan for the MegaSite.Recently completed the Comprehensive Plan Update for the City of Roxboro and Person CountyRequest for Proposals ‐ Unified Development Ordinance for Person CountyContinued on the back167
Request for Proposals ‐UDO (continued)Insight S&ME, Inc.StewartCodeWrightBenchmarkEvaluation Criteria (Staff Recommendations based on scale of 0 ‐5)Experience of firm with similar project/scope2344 4Qualifications and experience of individuals performing the service 3354 5Current workload and firm capacity3343 4Responsiveness to RFF and quality of proposal3345 4Proposed approach to project and schedule for completion3445 4References on past work efforts4343 4Knowledge of Person County 3234 4Total Score2121282829268
AGENDA ABSTRACT
Meeting date: March 21, 2022
Agenda Title: Request to Approve Audit Firm 2022-2024
Summary of Information: Finance Director is providing the attached bid tabulation and recommendation on
the audit firm to perform audit services for Person County’s annual reporting requirements for fiscal year periods ending 2022, 2023 and 2024. A Request for Proposal was released on January 25, 2022, and two audit firms responded. After thorough analysis of each proposal, it has been determined that Thompson, Price,
Scott, Adams & Co., P.A., from Whiteville, NC, presented the best responsive
bid. Their estimate to perform the audit for Person County for fiscal year ending 2022 is $74,000 (includes cost for completion of Annual Financial Information Report), $1,030 less than the second auditor’s bid, and is proposed to remain level for report years 2023 and 2024. Over the three-year period, the total cost savings
obtained from approval of the bid from Thompson, Price, Scott, Adams & Co.,
P.A. over the second auditor’s bid is $26,340. Outside of providing the most competitive bid, their vast experience with County audits further supports the recommendation.
Recommended Action:
To approve the audit firm’s three-year proposal as recommended, and approve execution of first year’s contract for reporting year 2021-22.
Submitted By: Amy Wehrenberg, Finance Director
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RFP RESPONSE HIGHLIGHTS
Thompson, Price, Scott,
Adams & Co., P.A.RH CPA's, PLLC
COST (NOT TO EXCEED)
FY 2021‐22 $72,500 $75,030
FY 2022‐23 $72,500 $82,530
FY 2023‐24 $72,500 $90,780
THREE (3) YEAR COST $217,500 $248,340
AVG. YEARLY COST FOR THREE (3) YEARS $72,500 $82,780
ANNUAL FINANCIAL INFORMATION REPORT (AFIR)FY 22; $1,500
FY 23; $1,500
FY 24; $1,500
Included in base estimate
TRAVEL COSTS No charges for travel Included in base estimate
TOTAL THREE (3) YEAR COST‐INCLUDING AFIR & TRAVEL
$222,000 $248,340
CAAT (Computer Assisted Audit Techniques)Practitioners Publishing
Company’s (PPC)
Practitioners Publishing
Company’s (PPC)
AUDIT TEAM (% TIME BREAKDOWN)1 Partner 75%
1 Manager 100%
3 Sr Staff 100%
1 Partner 50%
1 Manager 100%
1 Sr Staff 100%
2 Staff Members 100%
LIABILITY INSURANCE $3M Professional Liability Has Professional Liability
coverage, will provide COL if
awarded contract
LOCATIONS Whiteville, NC
Wilmington, NC
Greensboro, NC
Lexington, NC
Charlotte, NC
YEARS IN BUSINESS/FORMED 1954 1985
OTHER COUNTIES CURRENTLY SERVING 19 NC Counties
1 SC County
No counties listed…current
clients include community
colleges, cities, towns, and
schools.
OVERALL REFERENCE RESPONSES Satisfactory Satisfactory
RECOMMENDED (BEST RESPONSE)RECOMMENDED:
Most competitive offer;
larger depth of experience
with County governmental
audits
Person County's RFP‐Audit Services
Bid Comparison Summary
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AGENDA ABSTRACT
Meeting Date: March 21, 2022
Agenda Title: Lead for North Carolina (LFNC) Fellow – FY23 Funding Request
Summary of Information: Person County was accepted as a Lead for North Carolina (LFNC) host
site for the 2022-2023 program year (Aug. 1, 2022 – June 30, 2023). LFNC places recent college
graduates in high-impact positions in local governments across the state to work on transformative
community projects. The fellow will commit to working for Person County for one year, and the
agreement may be extended for one additional year.
Person County will receive 1 FTE (full-time equivalent employee) who will be trained and
supported by the faculty at the UNC School of Government to work on projects identified by the
county. County staff will provide day-to-day supervision and set the fellow’s work scope to meet our
organizational needs.
We have proposed a variety of projects for which a fellow could take the lead or have a key
supporting role in completing. We would like to align our priority projects with the fellow's interests
and skillset. The (non-exhaustive) list of possibilities includes: 1) Update Emergency Operations
Plan and Continuity of Operations Plan (Emergency Services), 2) Develop Digital Inclusion Plan
(Administration), 3) Develop and deliver Citizen's Academy (Administration), 4) Support Economic
Development efforts (Economic Development), 5) Update policies and procedures (Human
Resources), 6) Support implementation of several NEOGOV modules (Human Resources), 7)
Develop and track organizational performance measures (Administration), 8) Develop public
information strategy and support public information efforts (Administration), 9) Support Parks and
Stormwater projects (Recreation, Arts and Parks and Planning), 10) Support broadband expansion
(Administration).
Without a subsidy, the total price to host a fellow is $54,000. This includes the fellow’s living
stipend ($33,000), health insurance, other benefits, FICA, initial training, 3 graduate credit hours,
training from the UNC School of Government, executive coaching, and ongoing support. Person
County’s anticipated cost share is $20,000, which will be paid in quarterly installments of $5,000,
beginning in October. The subsidy amount could change slightly based on the amount of federal
funding the program receives from AmeriCorps. The fellow will be employed by UNC-Chapel Hill
and will be paid monthly by the university.
Recommended Action: Approve the addition of $20,000 to the Administration Department’s
contracted services line item for FY23 to fund a LFNC Fellow. With the Board’s approval, the
County Manager will include this amount in the Manager’s Recommended Budget for FY23.
Submitted By: Katherine Cathey, Assistant County Manager
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AGENDA ABSTRACT
Meeting Date: March 21, 2022
Agenda Title: COVID PIVOT Impact Loan Program
Summary of Information: Through an Amendment to the County’s Declaration of the State of
Emergency that was declared on March 16, 2020, the Chairman of the Board authorized an
emergency assistance loan program for small businesses in Person County. The provisions of NC
General Statutes Chapter 153A and 166A authorize Person County to create a program of short-term
assistance to small business during the COVID pandemic and to appropriate funds to support such a
program. Person County utilized funds available for economic development from a completed
Golden LEAF Project. These funds were in the Economic Catalyst Fund and the County received
approval from Golden LEAF to utilize these funds for this purpose. Program Rules were included
with the Amendment and are provided in this agenda packet. The Kerr Tar Council of Governments
administered the Loan Program on behalf of the County through a contract.
The Executive Director of the Kerr Tar Council of Governments will not be available to attend this
Board meeting, but will make herself available at the Board’s April 4th meeting to address any
questions or additional information requested.
Recommended Action: This item is for purposes of discussion and will be brought back with
additional information as needed at the Board’s April 4th meeting.
Submitted By: Commissioner Gentry
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== PAYMENT ALLOCATION ==== BALANCES AS OF LAST POSTING ==
LoanID Borrower Disbursment Total paid Fees Interest Principal TA Fees Interest TA Principal
Fund: PIVOT Loan Fund
731100001 Great Taxes and Payroll 7,600.00 238.24 25.00 213.24 117.10 348.30 7,600.00
731100002 Rooted From The Soul Studios 8,000.00 40.00 37.28 2.72 262.39 589.55 7,997.28
731100003 Evolve 2 Live Wellness Studio, LLC 6,500.00 2,325.21 53.83 445.37 1,826.01 21.42 4,673.99
731100004 Solomon Enterprises, LLC 8,400.00 2,851.36 3.90 572.89 2,274.57 28.07 6,125.43
731100005 Vesuvio's Italian Restaurant 8,000.00 3,500.00 422.90 3,077.10 45.12 4,922.90
731100006 Winbush Masonry, LLC 7,200.00 2,523.46 457.68 2,065.78 23.53 5,134.22
731100007 Serenity Salon 5,000.00 5,147.60 147.60 5,000.00
PIVOT Loan Fund: 7 loans 50,700.00 16,625.87 82.73 2,296.96 14,246.18 379.49 1,055.99 36,453.82
Totals for 7 loans 50,700.00 16,625.87 82.73 2,296.96 14,246.18 379.49 1,055.99 36,453.82
Page 1 of 1
Transaction Summary Report for PIVOT Loan Fund - All
By Funding Source
(All transactions)
03/07/2022 01 50 PM
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