06-20-2022 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
June 20, 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
INFORMAL COMMENTS
The Person County Board of Commissioners established a 10-minute segment which is
open for informal comments and/or questions from citizens of this county on issues,
other than those issues for which a public hearing has been scheduled. The time will
be divided equally among those wishing to comment. It is requested that any person
who wishes to address the Board, register with the Clerk to the Board prior to the
meeting.
ITEM #1
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.Approval of Minutes of May 16, 2022 (pgs. 3-24),B.Approval of Minutes of May 27, 2022 (pgs. 25-26),C.Approval of Minutes of June 6, 2022 (pgs. 27-32),D.Approval of Minutes of June 7, 2022 (pgs. 33-35),
E.Budget Amendment #21 (pg. 36), andF.3-Year Renewal of Forestry Space Lease (pgs. 37-45)
NEW BUSINESS:
ITEM #2 (pgs. 46-55)
Old Helena School Reuse Concept ……………………………………………… Phillip Jackson
ITEM #3 (pgs. 56-77)
Fiscal Year 2022-2023 Budget Ordinance …………………... Heidi York & Amy Wehrenberg
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ITEM #4 (pgs. 78-108)
American Rescue Plan Act of 2021 Grant Project Ordinance & Related Policies
(A Resolution of the Person County Board of Commissioners to Adopt a
Nondiscrimination Policy and Conflict of Interest Policy) ……………….... Amy Wehrenberg
ITEM #5 (pgs. 109-141)
Person County State of Emergency and Emergency Management
Ordinances Revisions ……………………………………………………… Thom Schwalenberg
ITEM #6 (pgs. 142-143)
Resolution designating the Month of July as Parks and Recreation Month ……….. John Hill
ITEM #7 (pgs. 144-151)
Request Acceptance of Funding from Golden LEAF SITE Program and Authorize
Chair and Staff to Carry Out Requirements of the Agreement ……………… Sherry Wilborn
ITEM #8 (pgs. 152-155)
Resolution Amending the Economic Development Commission for a
Change in Membership ………………………………………………………. Chairman Powell
ITEM #9 (pgs. 156-219)
Appointments to Boards and Committees ……………………………………... Brenda Reaves
ITEM #10 (pgs. 220-231)
Update on County’s Advocacy Efforts Related to Duke’s Carbon Plan ………. Ellis Hankins
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
RECOGNITION OF OUTGOING COUNTY MANAGER ……………….. Chairman Powell
CLOSED SESSION #1
A motion to enter into Closed Session per General Statute 143-318.11(a)(3) for the purpose to
consult with an attorney employed or retained by the public body in order to preserve the
attorney-client privilege between the attorney and the public body, which privilege is hereby
acknowledged; the following individuals are permitted to attend: County Manager, Heidi
York, Clerk to the Board, Brenda Reaves, County Attorney, Ellis Hankins, Economic
Development Director, Sherry Wilborn, Retained Attorney, Patrick Buffkin, and Retained
Consultant, Kevin O’Donnell.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the
Board.
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May 16, 2022
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PERSON COUNTY BOARD OF COMMISSIONERS MAY 16, 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, May 16, 2022 at 9:00am in the commissioners’ boardroom in
the Person County Office Building.
Chairman Powell called the meeting to order. Chairman Powell recognized Rev.
Clevie Brandon of the Person County Ministerial Alliance to offer an invocation. Vice
Chairman Sims led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Powell requested consideration for the following adjustments to the
agenda:
Remove Item #4, a Request for Approval to Advertise RFP for Timbering Project
at North Park Site from the agenda,
Request to add a Closed Session #2 for the purpose of attorney-client privilege,
and,
Request to add a Closed Session #3 for the purpose of discussion of matters relating
to the location or expansion of industries or other businesses in the county
(economic development).
A motion was made by Vice Chairman Sims and carried 5-0 to approve the agenda
with the above noted adjustments.
RECOGNITION:
Chairman Powell read and presented a Resolution of Appreciation to county retiree,
Paul Summerlin.
Sheriff Dewey Jones highlighted and commended Mr. Summerlin for the work as
a member of the DEA Task Force and noting the importance of the position serving not
only Person County but involved with cases in the eastern half of the state.
Commissioner Gentry stated it was National Law Enforcement Week and
commended county and city law enforcement.
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A motion was made by Vice Chairman Sims and carried 5-0 to approve the
Resolution of Appreciated presented to Paul Summerlin.
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INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Phillip Jackson of 3497 Halifax Road, Roxboro, NC 27574, representing the
Christian Coalition to End Poverty Now introduced an adaptive re-use of county-owned
property known as the old Helena School to bring partnerships under one roof of local
church, parachurch ministries, and community nonprofit organizations to foster a lasting
change to generational transformation. The preliminary concept plan Mr. Jackson shared
included classrooms, an event space, restaurant for culinary arts training and vocational/
trades training centers.
Chairman Powell asked the Board for consideration to add this item as an agenda
item to a future meeting and it was the consensus of the Board for Mr. Jackson to formally
present this concept plan at the Board’s June 20, 2022 meeting.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
Commissioner Gentry asked that item A. Approval of Minutes of April 18, 2022
be removed for further review to add more content to Mr. John Seepe’s public comments
as well as add her comments. Clerk to the Board, Brenda Reaves stated she would review
the minutes and bring back before the Board at a future meeting.
A motion was made by Vice Chairman Sims and carried 5-0 to approve the
Consent Agenda with the following items:
B. Budget Amendment #19, and
C. Person County Health Dept. Fee Request for the immunization administration of
COVID-19 Moderna second booster vaccine.
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May 16, 2022
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NEW BUSINESS:
NEW WEBSITE DESIGN OVERVIEW:
IT Director, Chris Puryear stated Person County’s website redesign went live on
May 5, 2022. Aside from the new look, the website now has many additional features
including a service finder, improved search functionality, and more user-friendly
navigation.
Mr. Puryear said the website committee and IT staff are pleased with the new design
and the feedback that has been received thus far. In addition to working with departments
to make sure that content is updated regularly, the county is looking to add new content
such as a Public Records Request section. Our goal is to provide more communication and
information to citizens and businesses while promoting transparency.
Mr. Puryear stated Person County received a “style sheet” as part of the deliverables
for this project. The style sheet includes a list of colors and fonts used across the new
website design and staff intends to use this information as a guide for future
communications and materials.
Mr. Puryear provided a navigational tour of the new website design to the group.
UDO STEERING COMMITTEE APPOINTMENTS:
Planning Director, Lori Oakley reminded the Board that staff proposed that the
UDO Committee consists of the following: one (1) Board of Commissioners’ 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.
Ms. Oakley said five applications were submitted by the advertised deadline
requesting appointment to the UDO Steering Committee, consisting of:
Marley Spencer
Sherry Clayton
Barry Allen
Mark Duncan
Norman Boyette
Ms. Oakley stated Mr. Barry Walker, Chairman of the Planning Board, has
requested appointment to the UDO Steering Committee as well.
Ms. Oakley said one application requesting appointment to the committee after the
advertised deadline date from the following individual:
Frank Stoltmann
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May 16, 2022
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Ms. Oakley requested Board consideration to appoint five or all six individuals
interested citizens in serving on the UDO Steering Committee and as well as appoint Mr.
Barry Walker to the committee as the Planning Board representative. Ms. Oakley reminded
the Board she needed one commissioner representative noting Commissioner Gentry had
indicated an interest in serving on the UDO Steering Committee.
A motion was made by Vice Chairman Sims and carried 3-2 to postpone the
commissioner appointment to the UDO Steering Committee to the next Board meeting on
June 6, 2022. Vice Chairman Sims, Chairman Powell and Commissioner Puryear voted in
favor of the motion; Commissioners Gentry and Palmer voted in opposition to the motion.
A motion was made by Commissioner Puryear and carried 5-0 to appoint the
following six individuals to the UDO Steering Committee:
Marley Spencer
Sherry Clayton
Barry Allen
Mark Duncan
Norman Boyette
Frank Stoltmann
A motion was made by Commissioner Puryear and carried 5-0 to appoint Barry
Walker to the UDO Steering Committee as the Planning Board representative.
APPOINTMENTS TO THE JUVENILE CRIME PREVENTION COUNCIL:
Clerk to the Board, Brenda Reaves presented the following interested citizen
applications for the Board’s consideration for appointment to the Juvenile Crime
Prevention Council:
1 position for the School Superintendent or designee
1) Dr. Ron Anthony requested reappointment to December 31, 2023
Management Care Organization (MCO) representative:
1) Laquita Cozart requested appointment to the JCPC as the Vaya Health System of
Care Coordinator to replace the Cardinal Innovations’ representative Stephanie
Jones and fulfilling term to June 30, 2023
A motion was made by Commissioner Gentry and carried 5-0 to reappoint Dr.
Ron Anthony to the Juvenile Crime Prevention Council as the School Superintendent’s
designee for a term that expires December 31, 2023 as well as to appoint Laquita Cozart to
the Juvenile Crime Prevention Council in the MCO seat as Vaya Health’s representative to
fulfill the term to June 30, 2023 of previous Cardinal Innovations’ representative,
Stephanie Jones.
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PRESENTATION OF THE FISCAL YEAR 2022-2023 RECOMMENDED
BUDGET:
County Manager, Heidi York noted that North Carolina General Statutes require
that on or before June 1, the manager present her recommended budget for the next fiscal
year to the Board of Commissioners. She said she has a great team in place that completed
a lot of analysis to present a recommended budget to the Board. Ms. York thanked the
Finance Department, the Assistant County Manager and all department heads.
Ms. York provided an overview of the budget through the following presentation.
Copies of the budget document were passed out to the commissioners for review and use
during the budget process as the Board progresses to an adopted budget.
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The Budget Public Hearing is scheduled for June 6, 2022 in the County Office
Building Auditorium, starting at 7:00pm. It was the consensus of the Board to schedule
two budget work sessions on June 7, 2022 at 2:00pm and June 9, 2022 at 10:00am both to
be held in the Commissioners’ boardroom 215 of the County Office Building.
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Ms. York stated following the needed number of budget work sessions, a Budget
Ordinance will be prepared for the Board’s June 20, 2022 meeting. She said she looked
forward to working with the Board as they work toward an adopted budget.
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CHAIRMAN’S REPORT:
Chairman Powell reported Armed Forces Day on May 21, 2022 starting at 11:00am.
MANAGER’S REPORT:
County Manager, Heidi York had no report.
COMMISSIONER REPORT/COMMENTS:
Commissioner Palmer recognized the current week as Law Enforcement
Appreciation Week and noted his appreciation to all county employees.
Commissioner Gentry asked the County Manager for the status of the Emergency
Management Ordinance revisions to which County Manager, Heidi York stated staff would
be bringing proposed amendments to the Board at one of its upcoming meetings.
There were no reports from Vice Chairman Sims or Commissioner Puryear.
Chairman Powell announced a brief recess at 10:06am; Chairman Powell
reconvened the meeting at 10:14am.
CLOSED SESSION #1
A motion was made by Commissioner Gentry and carried 5-0 to enter into Closed
Session at 10:14am per General Statute 143-318.11(a)(6) for the purpose to discuss
personnel to consider the qualifications, competence, performance, character, fitness,
conditions of appointment, or conditions of initial employment of an individual public
officer or employee or prospective public officer or employee with an Interim County
Manager candidate with the following individuals permitted to attend: County Manager,
Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ellis Hankins, and
Human Resources Director, Miranda Harrison.
A motion was made by Vice Chairman Sims and carried 5-0 to return to open
session at 10:58am.
Human Resources Director, Miranda Harrison updated the Board that its executive
search consultant, Renee Narloch would be coming to Person County on May 23-24, 2022
noting Ms. Narloch would like to meet individually with commissioners. Commissioner
Gentry stated she would be out of town; however, she could meet remotely via telephone
conference call or via Zoom. Staff noted they would contact commissioners to schedule
the individual interview meeting with the consultant.
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CLOSED SESSION #2
A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed
Session at 11:05am per General Statute 143-318.11(a)(3) for the purpose to consult with
the county attorney in order to preserve the attorney-client privilege with the following
individual permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda
Reaves, County Attorney, Ellis Hankins and Economic Development Director, Sherry
Wilborn.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 11:20am.
A motion was made by Commissioner Gentry and carried 5-0 to retain Buffkin
Law Office in Raleigh, and Patrick Buffkin as its principal, to represent Person County in
the pending Duke Energy Carbon Reduction Plan matter before the NC Utilities
Commission.
A motion was made by Commissioner Gentry and carried 5-0 to retain Nova
Energy Consultants, Inc. and its principal, Kevin O’Donnell to represent Person County in
the pending Duke Energy Carbon Reduction Plan matter before the NC Utilities
Commission.
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May 16, 2022
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CLOSED SESSION #3
A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed
Session at 11:24am per General Statute 143-318.11(a)(4) for the purpose of discussion of
matters relating to the location or expansion of industries or other businesses in the area
served by the public body, including agreement on a tentative list of economic development
incentives that may be offered by the public body in negotiations with the following
individuals permitted to attend: County Manager, Heidi York, Clerk to the Board, Brenda
Reaves, County Attorney, Ellis Hankins, and Economic Development Director, Sherry
Wilborn.
A motion was made by Vice Chairman Sims and carried 5-0 to return to open
session at 11:41am.
ADJOURNMENT:
A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the
meeting at 11:41am.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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May 27, 2022
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PERSON COUNTY BOARD OF COMMISSIONERS MAY 27, 2022
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Heidi York, County Manager
C. Derrick Sims Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear
Charlie Palmer
Patricia Gentry
The Board of Commissioners for the County of Person, North Carolina, met in
special called session on Friday, May 27, 2022 at 3:00pm in the commissioners’ boardroom
in the Person County Office Building.
Chairman Powell called the special called meeting to order. The purpose of the
meeting will be for closed session discussion of matters relating to the location or
expansion of industries or other businesses in the area served by the public body, including
agreement on a tentative list of economic development incentives that may be offered by
the public body in negotiations per General Statutes 143-318.11(a)(4).
CLOSED SESSION #1
A motion was made by Vice Chairman Sims and carried 5-0 to enter into Closed
Session at 3:00pm per General Statute 143-318.11(a)(4) for the purpose of discussion of
matters relating to the location or expansion of industries or other businesses in the county
(economic development) with the following individuals permitted to attend: County
Manager, Heidi York, Clerk to the Board, Brenda Reaves, and Economic Development
Director, Sherry Wilborn.
Chairman Powell called the Closed Session #1 to order at 3:01pm.
A motion was made by Vice Chairman Sims and carried 5-0 to return to open
session at 3:33pm.
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ADJOURNMENT:
A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the
meeting at 3:33pm.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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June 6, 2022
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PERSON COUNTY BOARD OF COMMISSIONERS JUNE 6, 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, June 6, 2022 at 7:00pm in the Person County Office Building
Auditorium located at 304 S. Morgan Street, Roxboro, NC.
Chairman Powell called the meeting to order and offered an invocation
remembering the many young men and women that died on this date in history, June 6,
1944. Commissioner Palmer led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
agenda.
PUBLIC HEARING:
FY2022-2023 RECOMMENDED BUDGET:
A motion was made by Vice Chairman Sims and carried 5-0 to open the duly
advertised public hearing for the FY2022-2023 Recommended Budget.
Speaking in favor of the FY2022-2023 Recommended Budget were the following:
Mr. Jason Fletcher of 685 Clay Long Road, Hurdle Mills addressed the Board in
his role as Fire Chief for the Timberlake Volunteer Fire Department as well as on behalf
of the Fire Chief’s Association to state his support of the fire district tax increase as
recommended in the FY2022-2023 Recommended Budget.
Ms. Grayson Brann of 1254 Helena Moriah Road, Timberlake, a full-time college
student and sibling to a handicap family member, requested the Board to make the Kirby
Theatre handicap accessible.
Mr. Jimmy Clayton of 717 Berman Clayton Road, Timberlake spoke in favor of
funding for the overdue handicap accessibility improvements at the Kirby Theatre. Mr.
Clayton also stated support of the Volunteer Fire Departments and he also requested Board
consideration to increase the hours or getting some assistance for the Veterans’ Affairs
Officer noting there was only one individual working 2.5 days per week.
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Speaking in opposition to the FY2022-2023 Recommended Budget were the
following:
Ms. Cynthia Lynch of 395 Union Grove Church Road, Hurdle Mills stated the
Recommended Budget was a reflection of the Board’s priorities and plans for the future
and posed questions about where are the plans to replace the revenue that may be lost with
the potential closure of the power plants. Ms. Lynch noted the budget reflected the
County’s Fund Balance decreasing instead of increasing with the projected loss of
revenues. She stated the budget showed expenditures increasing, particularly in EMS,
PATS, Dept. of Social Services and in the County Attorney budget line.
A motion was made by Vice Chairman Sims and carried 5-0 to close the public
hearing for the FY2022-2023 Recommended Budget.
INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Ms. Zakiya James of 165 Fork Junction Road, Timberlake and a member of the
County’s Planning Board addressed the Board about the Planning Board’s May 12, 2022
meeting at which time Commissioner Palmer disrupted the meeting in session with
unacceptable behavior as well as allowing his dog to remain in the meeting room when
asked repeatedly to remove the animal due to a staff member’s allergy. Ms. James read
excerpts from the Board’s Code of Ethics and, ultimately she asked Commissioner Palmer
to step down from his commissioner seat.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Vice Chairman Sims and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of April 18, 2022,
B. Approval of Minutes of May 2, 2022,
C. Approval of Minutes of May 3, 2022,
D. Budget Amendment #20,
E. Home and Community Care Block Grant for Older Adults Agreement for the
Provision of County-Based Aging Services with the Kerr Tar Council of
Governments,
F. Home and Community Care Block Grant Funding 2022-2023, and
G. Health Department Family Planning Program Fee Request
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UNFINISHED BUSINESS:
COMMISSIONER REPRESENTATIVE FOR BOTH THE UDO COMMITTEE
AND JUVENILE CRIME PREVENTION COUNCIL:
Chairman Powell opened the floor for nominations from commissioners to serve
on the UDO Committee.
Vice Chairman Sims self-nominated to serve on the UDO Committee. There were
no further nominations. By acclamation, Vice Chairman Sims was appointed to serve on
the UDO Committee unanimously.
Chairman Powell opened the floor for nominations from commissioners to serve as
the commissioner representative on the Juvenile Crime Prevention Council (JCPC) noting
Commissioner Palmer was assigned to this committee but he had requested to be replaced.
There were no volunteers to serve and therefore, Chairman Powell self-nominated
to serve on the JCPC. By acclamation, Chairman Powell was assigned to serve as the
commissioner representative on the JCPC unanimously.
NEW BUSINESS:
AGREEMENT FOR INTERIM COUNTY MANAGER SERVICES:
Chairman Powell presented an agreement for Interim County Manager Services for
consideration for approval with Mr. Ralph Clark. The agreement outlines Mr. Clark to
serve as a temporary part-time employee and will perform all duties and responsibilities in
accordance with NC General Statute 153A-82 and other duties as assigned by the Board.
Mr. Clark will work 30 hours per week and attend all official meetings of the Board. Mr.
Clark serves at the pleasure of the Board until a permanent County Manager is appointed
or this agreement is terminated. He will begin working the week of June 20th alongside of
the current County Manager.
A motion was made by Vice Chairman Sims and carried 5-0 to approve the
Agreement for Interim County Manager Services with Mr. Ralph Clark, as presented.
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CHILD ADVOCACY CENTER FOR PERSON COUNTY:
Chairman Powell stated a need for a child advocacy center as a central location that
provides a safe, child-focused environment where child protective services, the District
Attorney’s Office, law enforcement, medical and mental health professionals, Juvenile
Justice, child advocates, and other relevant community resources may share information
and develop a coordinated strategy that seeks justice while also meeting the unique needs
of each child and their non-offending family members. Person County community
members who have been interested in starting a child advocacy center in Roxboro reached
out to CrossRoads of Alamance to take on the project to establish this valuable community
resource. Chairman Powell said a County investment of a one-time expense of
$100,000.00 in this community resource would enable CrossRoads to begin the work of
establishing the center by staffing a local center in Person County. The estimated budget is
likely to be 75% salaries, 14% Facilities (rent, utilities, etc.), and 11% Supplies, Travel,
and Equipment. Estimated start-up expenditures will involve annual salary for a full-time
advocate, percentages of existing staff salaries for time spent in serving Person County
children and their families, phone service, internet service, mileage, rent, and necessary
recording equipment lease for preserving forensic interviews of victims of abuse to be
made available for potential prosecution.
Chairman Powell introduced Ronnie Dunevant, Executive Director of Roots and
Wings in the audience who told the Board he and others were available to answer question.
Mr. Dunevant stated a location has been identified; the center in Roxboro would be opened
as soon as a location can be secured and made ready. It is anticipated that the center would
be approved as a provisional center within a short period of time, making other funds
available from the State. Eventually the center would be an accredited stand-alone center
fully operated and supported by the well-established foundation of CrossRoads.
A motion was made by Commissioner Gentry and carried 5-0 to approve the
request for a one-time expense of $100,000 to establish a Child Advocacy Center in Person
County.
County Manager, Heidi York identified the funding source for the one-time
expense through the County’s Undesignated Contingency noting this appropriation would
be on the Board’s next regular scheduled meeting included in the Budget Amendment for
Board approval.
County Attorney, Ellis Hankins noted a simple agreement for an appropriation with
a non-county entity was in order.
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CHAIRMAN’S REPORT:
Chairman Powell reported he and others attended the 2022 RTRP State of the
Region in Raleigh noting it was a good program and opportunity to network and engage in
regional partnerships.
MANAGER’S REPORT:
County Manager, Heidi York reminded the Board of its first budget work session
scheduled for Tuesday, June 7, 2022 at 2:00pm in the Boardroom 215 with another budget
work session scheduled for Thursday, June 9, 2022 at 10:00am.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims thanked everyone for coming to the Board meeting, making
comments as it shows they care; he said the commissioners care too.
Commissioner Palmer said he would like to address the comments made about the
Planning Board meeting. He said he was called to the Planning Board meeting because it
was being held in the commissioners’ boardroom, which was inadequate for the number of
people in attendance. Commissioner Palmer said the Fire Marshal evacuated the people to
the hallway as only 53 could remain in the boardroom. The overcrowded hallway was loud
and contentious. Commissioner Palmer said he was out walking his dog and that he did
not bring his dog intentionally. He said he would not resign from his commissioner seat.
Commissioner Gentry commented that the PATS department was looking for
drivers.
Commissioner Puryear also thanked the public for attending the Board meeting.
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RECESS:
A motion was made by Vice Chairman Sims and carried 5-0 to recess the meeting
at 7:38pm until June 7, 2022 at 2:00pm in the Commissioners’ Boardroom 215.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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June 7, 2022
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PERSON COUNTY BOARD OF COMMISSIONERS JUNE 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
Charlie Palmer
Patricia Gentry
The Board of Commissioners for the County of Person, North Carolina, met in
recessed session on Tuesday, June 7, 2022 at 2:00pm in the commissioners’ boardroom in
the Person County Office Building for the purpose of a budget work session.
Chairman Powell called the recessed meeting to order.
County Manager, Heidi York to led the group in the budget work session items of
discussion. Ms. York stated when she had her one-on-one discussions with the
commissioners, the following items were raised for discussion: Personnel positions,
Person Industries, and the EMS budget.
Commissioner Gentry arrived at 2:02pm.
Personnel Positions and EMS Budget Needs:
Ms. York provided the Board with a handout listing her recommended personnel
positions in FY2023 budget noting there were 13 brand new full-time positions, noting
there were five full-time positions not recommended and one full-time position removed.
The Board discussed personnel positions, in particular, the Public Information
Officer position requesting a copy of the job description. In addition, Carlton Paylor, Dept.
of Social Services’ Director helped the Board to understand his need for a Deputy Director
and the Income Maintenance Investigator I position. Ms. York explained the benchmark
standard for Human Resources (HR) to have one staff member per 100 employees noting
the Director, Assistant Director and Generalist needed an Administrative Assistant I in
their department; Ms. York said the Risk Management Coordinator worked toward safety
protocols for all county departments and was not a part of the HR related duties.
Emergency Management Director, Thomas Schwalenberg described the current staffing
issues noting the need for paramedics with an ever-increasing call volume and long
response times in the northern part of the county with a national shortage of applicants
combined with a wage war making it difficult for Person County to recruit, train and retain
staff. Ms. York stated the EMS trend continues for $1M per year in over-time costs. Mr.
Schwalenberg said Person County currently has the third lowest pay scale in the region.
Ms. York stated the budget included a compensation study noting it would take nine
months to implement. Alternatively, she suggested the option to set aside funds to adjust
salaries July 1, 2022.
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June 7, 2022
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Commissioner Puryear suggested and all commissioners consented to designate
$180,000 from the County’s Fund Balance to a designated Contingency EMS salary line
for adjustment of salaries; all 13 recommended personnel positions remained in the budget
without changes.
Person Industries:
Person Industries (PI) Director, Amanda Everett was available to answer questions.
Commissioner Gentry asked for an update on the merger. Ms. Everett stated the architect
drawings will be finalized by the end of the year for the PI Main and the Person County
Recycling Center to be merged into one facility. In addition, Ms. Everett stated with the
City of Roxboro’s increased recycling, the mini MRF (Material Recovery Facility) will see
increased tonnage. Ms. York stated the Board would see the full presentation of the plan
this summer noting the PI Main location savings annual in rent would be $13K once the
merger was complete.
Handicap Accessibility Improvements at the Kirby Theatre:
Commissioner Puryear requested for the Board to discuss the requested handicap
accessibility projects at the Kirby Theatre. Ms. York said staff were proposing to complete
the handicap accessibility projects with its ARP funds noting this project would fit the
criteria as a one-time expense. She said this was a priority project to add a ramp and
elevator access to the Kirby Theatre. John Hill, Director of Arts, Parks, & Recreation stated
the estimates were coming in less than projected noting the costs were projected at
$60,000. Ms. York said the ARP funding projects were scheduled to come before the
Board this summer following the adoption of the fiscal year budget. The commissioners
felt strongly to get the project underway and thereby consented to add this project to its
upcoming budget with the understanding their intent for staff to use ARP funds to
reimburse the General Fund.
Adjustments to the Recommended Budget:
Finance Director, Amy Wehrenberg and Ms. York explained the two adjustment to
the Recommended Budget:
1) An oversight error related to two part-time Health Department salary budget in
the amount of $16,051, and
2) Add six-month of funds for contracted service for the Interim County Manager
in the amount of $54,600
The adjustment to the Recommended Budget were totaled at $310,651 to be added
to the Budget using the County’s Fund Balance appropriation.
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June 7, 2022
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Discussion ensued about the Cost of Living Adjustment (COLA) proposed by the
City and the County its upcoming budgets. Ms. York said all departments are struggling
and the COLA recommended in the upcoming budget would give each employee a 4%
increase effective July 1, 2022. She noted the City of Roxboro did propose a 5% COLA
for its employees.
Commissioner Gentry noted a typo on page 34 to be corrected (DENIOR should be
SENIOR).
Ms. York asked the Board if there was a need for another budget work session, as
scheduled for June 9, 2022 at 10:00am to which the Board consented another work session
was not warranted. Chairman Powell announced the budget work session previously
scheduled for June 9, 2022 would be cancelled, as it was not needed.
It was the consensus of the Board for staff to prepare a Budget Ordinance for the
Board to consideration for adoption at its June 20, 2022 meeting.
ADJOURNMENT:
A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the
meeting at 3:17pm.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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6/20/2022
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 100,000
Public Safety 1,000
Human Services 8,993
Contingency (100,000)
REVENUES General Fund
Intergovernmental Revenues 8,993
Other Revenues 1,000
EXPENDITURES Capital Investment Fund 95,000
REVENUES Capital Investment Fund
Lottery Proceeds 95,000
Explanation:
Account Number Account Description
$Revenues
incr. (decr.)
(cr.) dr.
$Expenditures
incr. (decr.)
dr. (cr.)
1009910-499100 Contingency-Undesignated (100,000)
1004110-426320 Child Advocacy Center for Person County 100,000
100-389890 Misc Revs 1,000
1004310-435300 Sheriff: Maint & Repair/Vehicles 1,000
19050-378031 DSS: APS Essential 8,993
1905380-521100 DSS: APS Essential 8,993
21060-359130 Lottery Proceeds 95,000
2105911-462800 School Lottery Expense 95,000
Totals 104,993 104,993
BUDGET AMENDMENT #21
Reducing undesignated contingency budget (-$100,000) to cover cost of one-time Board-approved funds from the
Board of Commissioners' meeting on 6/6/22 for the Child Advocacy Center for Person County ($100,000); received
insurance claim for totaled vehicle in the Sheriff's Department ($1,000); applying State funds received for the APS
Essential Program at DSS ($8,993); and received DPI-approved lottery allocation for South Elementary School
Interior Painting Project ($95,000).
BUDGET ADJUSTMENT DETAIL
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AGENDA ABSTRACT
Meeting Date: June 20, 2022
Agenda Title: Old Helena School re-use concept
Summary of Information: Creation of a vocational training center to include Jobs for Life classes,
trades school, job placement, financial literacy, and counseling. In addition, the establishment of a
culinary program which will include venue space, culinary school, and the Community Gathering
Table.
Recommended Action: Contingent ownership agreement
Submitted By: Phillip Jackson
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Helena School Property and CCTEPN•Vocational Training Center:•Jobs for Life Classes: Getting them on a firm foundation, preparing them to work.•Trades School: Preparing them to do their job•Job Placement: getting them a job•Financial Literacy Classes: Giving them the tools for long term success •Counseling: ongoing spiritual counseling to help them navigate through life •Helena School Culinary Program:•Venue Space: 3‐5K square feet of meeting space for all sorts of community celebrations, meetings and gatherings•Culinary School. We will train and support students in culinary and hospitality on an on‐going basis. The workforce there will prepare daily meals for the community and be the catering team for the Venue space.•Community Gathering Table. Inside another space (dining hall‐maybe 2500 square foot kitchen and 3000 square foot dining hall) we would have daily meals prepared for the community‐everyone in the community. Pay What You Can Afford type model, but would lean on fresh food, delicious and culturally relevant food and a place where people can come every day for a delicious meal.51
Community Support•Person County Ministerial Alliance (71 Churches)•Core prayer group of 5 to 6 individuals who have been meeting every Wednesday morning for 107 weeks•Team of 16 plus volunteers who have been meeting every month to be involved in our program•We want the community to embrace what we are doing and for this to be seen as a place for them to gather and be proud of.52
Funding•US and State Grants•Opportunity Zones•Crowd Funding‐community based donations•On‐Going Culinary Operations/ Venue Operations•Historic Tax Credits•Lease income from like businesses•Building can be done in stages53
What we need from the CommissionersOwnership agreement that allows us to take ownership of the property except the gym and the facility that currently houses the EMD and law enforcement substation. Need all other outbuildings and main school buildingContingent Ownership agreement that allows us plenty of time to raise money for the project and if not accomplished in agreed upon time frame building goes back to the county.54
Renovation EstimateBelk Architecture has kindly provided some rough estimates of the cost to renovate the project. They would be engaged to provide the design for the building.Total will be somewhere between $6.5 million and $8 million.Belk Architecture has done several projects in Roxboro:Roxboro Community SchoolRoxboro Pocket ParkHistoric Tarheel Chevrolet Company/ Halls WayHistoric Roxboro Steam Laundry 55
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AGENDA ABSTRACT
Meeting Date: June 20, 2022
Agenda Title: Person County State of Emergency and Emergency Management Ordinances
Revisions
Summary of Information: Statutes that establish emergency management authorities for state
and local governments are found in Article 1 of G.S. Chapter 166A (North Carolina Emergency
Management Act of 1977) and Article 36A of G.S. Chapter 14 (Riots and Civil Disorders).
Article 1 of Chapter 166A defines responsibilities within State government for direction and
control of the state’s emergency management program, and authorizes cities and counties to
establish local emergency management programs. Article 36A authorizes cities and counties to
enact ordinances imposing various restrictions and prohibitions during a locally declared state of
emergency.
At its meeting on May 2, 2022 meeting, the Board requested that the Office of Emergency
Management review and recommend changes to the Person County State of Emergency
Ordinance and the Person County Emergency Management Ordinance. A review was completed
by reviewing North Carolina statutes to ensure any revisions were current with state regulations.
A review was also conducted looking at ordinances of other North Carolina jurisdictions to
ensure the language in the revised ordinances were comparable to other counties our size and
configuration.
Major language changes include the following:
State of Emergency Ordinance
o Revision of the definition of “Emergency” to a more common and updated
standard
o Defined the notification requirements by the Chair to the whole Board of
County Commissioners
o Defined the process for the termination of a declaration with or without Board
of County Commissioner concurrence or at 60 days unless extended the Board
of County Commissioners
o Added a section for a periodic review of the ordinance on an annual basis and
after any event in which an After-Action Review is conducted
Emergency Management Ordinance
o Significant revision of definitions to reflect current practice
o Revised language to be consistent with the terms Emergency Manager and
Office of Emergency Management
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o Revised language for duties and responsibilities of the Emergency Manager
o Better defines the role and authority of the Office of Emergency Management
during a Hazardous Materials Incident, and includes language on the liability
to responsible parties
o More clearly indicates that the County will use the National Incident
Management System to respond to and mitigate large scale emergencies and
hazardous materials incidents
Emergency Services Director Thom Schwalenberg will provide an overview of the revised
emergency management ordinances and will be available to respond to questions.
Recommended Action: Review the revised State of Emergency and Emergency Management
Ordinances and provide feedback and direction to staff.
Submitted By: Thom Schwalenberg, Emergency Services Director
Attachments:
Orange-lined version of Person County State of Emergency Ordinance revisions
Person County State of Emergency Ordinance proposed without orange-lined revisions
Red-lined version of Person County Emergency Management Ordinance revisions
Person County Emergency Management Ordinance proposed without red-lined revisions
Note: Both current ordinances were included in the Board’s May 2, 2022 agenda packet for
reference.
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PERSON COUNTY STATE OF EMERGENCY ORDINANCE
AN ORDINANCE AUTHORIZING THE DECLARATION OF A STATE OF EMERGENCY
AND THE IMPOSITION OF PROHIBITIONS AND RESTRICTIONS DURING
A STATE OF EMERGENCY
WHEREAS, the North Carolina General Assembly has enacted amendments to the law
authorizing Counties to adopt ordinances relating to dealing with
emergencies; and,
WHEREAS those new state enactments set the framework and authority for County
ordinances; and,
WHEREAS the Ordinance below is based on the new state enactment.
Section 1. Authority
NOW THEREFOREThis ordinance is hereby adopted under the authority of Chapter 166A,
and Chapter 153A of the North Carolina General Statutes. , the Person County Board of
Commissioners does hereby ordain as follows:
Section 12. State of Emergency; Restrictions Authorized
1. A State of Emergency shall be deemed to exist whenever the Chairman of the Person County
Board of Commissioners makes a finding and declaration that an emergency exists.
“Emergency” is defined to mean an occurrence or imminent threat of widespread or severe
damage, injury, or loss of life or property resulting from any natural or man-made accidental,
military, paramilitary, weather-related, or riot-related cause) Emergency means (i) any man-
made disaster including any condition following an attack by an enemy or foreign nation
upon the United States, resulting in substantial damage to property or injury to persons, and
may include the use of bombs, missiles, shell fire, or nuclear, radiological, chemical, or
biological means or other weapons or by overt paramilitary actions; terrorism, foreign and
domestic; cyber incidents; and any industrial, nuclear, or transportation accident, explosion,
conflagration, power failure, resources shortage, or other condition such as sabotage, oil
spills, and other injurious environmental contaminations that threaten or cause damage to
property, human suffering, hardship, or loss of life; and (ii) any natural disaster including any
hurricane, tornado, storm, flood, high water, wind-driven water, tidal wave, earthquake,
drought, fire, communicable disease of public health threat, or other natural catastrophe
resulting in damage, hardship, suffering or possible loss of life and (iii) otherwise defined in
General Statures 166A-19.3(6) or other applicable statutes..
2. In the event of an existing or threatened State of Emergency endangering the lives, safety,
health and welfare of the people within Person County or any part thereof, or threatening
damages to or destruction of property, the Chairman of the Board of Commissioners is
hereby authorized and empowered under General Statutes 166A-19.22 and 166A-19.31 to
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make a finding of an Emergency and to issue a public declaration declaring to all persons the
existence of such a State of Emergency, and, in order to more effectively protect the lives and
property of people within the County, to place in effect any or all of the restrictions
hereinafter authorized.
Within 48 hours of the issuance of the State of Emergency declaration, the Chair shall
contact each member of the Board of Commissioners and ensure they have been advised of
the declaration. Upon request of any commissioner, if the declaration remains in effect, the
chair shall call an emergency meeting or special meeting of the Board of Commissioners to
discuss the reason for the issuance of the declaration, its provisions and expected duration.
3. The Chairman is hereby authorized and empowered to limit by the declaration the application
of all or any part of such restrictions to any area specifically designated or described within
the county and to specific hours of the day or night; and to exempt from all or any part of
such restrictions, while acting in the line of and within the scope of their respective duties,
law enforcement officers, firefighters and other public employees, rescue squad members,
doctors, nurses, employees of hospitals and other medical facilities; on-duty military
personnel, whether state or federal; on-duty employees of public utilities, public
transportation companies and newspaper, magazine, radio broadcasting, and television
broadcasting corporations operated for profit; entities and such other classes of persons as
may be essential to the preservation of public order and immediately necessary to serve the
safety, health, and welfare needs of people within the county.
Section 23. Declaration Imposing Prohibitions and Restrictions
1. The chairman Chair of the Board of Commissioners by declaration may impose the
prohibitions and restrictions specified in sections 3 4 through 8 9 of this ordinance in the
manner described in those sections. The Chairman may impose as many of those specified
prohibitions and restrictions as he or she finds are necessary or suitable, because of an
emergency, to maintain an acceptable level of public order and services, and to protect lives,
safety, and property. The Chairman shall recite his or her findings in the declaration.
2. The declaration shall be in writing. The Chairman shall take reasonable steps to give notice
of the terms of the declaration to those affected by it, including the (i) posting of a signed
copy of the declaration on the county website and (ii) submittal of notice and a signed copy
of the declaration to the NC Department of Public Safety WebEOC critical incident
management systemand shall post a copy of it in the County Courthouse. The Chairman shall
send reports of the substance of the declaration to the mass communications media which
serves the affected area. The Chairman and Clerk to the Board shall retain a text of the
declaration and furnish upon request certified copies of it.
Section 34. Evacuation
The Chairman may direct and compel the voluntary or mandatory evacuation of all or part of the
population of Person County; prescribe routes, modes of transportation, and destination in
connection with evacuation; and control ingress and egress of an emergency area, the movement
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of persons within the area, and the occupancy of premises therein. Details of the evacuation may
be set forth or amended in a subsequent declaration which shall be well publicized.
Section 45. Curfew.
1. The declaration may impose a curfew prohibiting in certain areas and during certain periods
the appearance in public of anyone who is not a member of an exempted class. The
declaration shall specify the geographical area or areas and the period during each 24-hour
day to which the curfew applies. The Chairman may exempt from some or all of the curfew
restrictions classes of people whose exemption the Chairman finds necessary for the
preservation of the public health, safety, and welfare. The declaration shall state the
exempted classes and the restrictions from which each is exempted.
2. Unless otherwise specified in the declaration, the curfew shall apply during the specified
period each day until the Chairman by declaration removes the curfew.
Section 56. Restrictions on Possession, Consumption, or Transfer of Alcoholic Beverages
The declaration may prohibit the possession or consumption of any alcoholic beverage; including
beer, wine, and spirituous liquor other than on one's own premises, and may prohibit the transfer,
transportation, sale or purchase of any alcoholic beverage within the area of the county described
in the declaration. The prohibition, if imposed, may apply to transfers of alcoholic beverages by
employees of Alcoholic Beverage Control stores as well as by anyone else within the
geographical area described.
Section 67. Restriction on Possession, Transportation, and Transfer of Dangerous
Weapons and Substances
1. The declaration may prohibit the transportation or possession off one's own premises, or the
sale or purchase of any dangerous weapon or substance. The Chairman may exempt from
some or all of the restrictions classes of people whose possession, transfer, or transportation
of certain dangerous weapons or substances is necessary to the preservation of the public
health, safety, or welfare. The declaration shall state the exempted classes and the restrictions
from which each is exempted.
2. Except as stated in subsection (c) below, "dangerous weapon or substance" means:
a. Any deadly weapon, ammunition, explosive, incendiary device, radioactive material or
device as defined in General Statute 14-288.81(c)(5), (2), gasoline, or other instrument or
substance designed for a use that carries a threat of serious bodily injury or destruction of
property.
b. Any other instrument or substance that is capable of being used to inflict serious bodily
injury or destruction of property, when the circumstances indicate that there is some
probability that such instrument or substance will be so used.
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c. Any part or ingredient in any instrument or substance included above when the
circumstances indicate a probability that such a part or ingredient will be so used.
3. Notwithstanding anything in this ordinance to the contrary, “dangerous weapon or substance”
shall not be deemed to include “lawfully possessed firearms or ammunition.” The term
“firearm” shall have the same meaning as that term is used in General Statute 14-409.39(2): a
handgun, a shotgun, or rifle which expels a projectile by action of an explosion. The term
“handgun” shall have the same meaning as that term is used in General Statute 14-409.39(3):
a pistol, revolver, or other gun that has a short stock and is designed to be held and fired by
the use of a single hand.
4. If imposed, the restrictions shall apply throughout the jurisdiction of the county or such part
thereof as designated in the declaration.
Section 78. Restrictions on Access to Areas
1. The declaration may prohibit obtaining access or attempting to obtain access to any area,
designated in the manner described in this section, in violation of any order, clearly posted
notice, or barricade indicating that access is denied or restricted.
2. Areas to which access is denied or restricted shall be designated by the Sheriff and his or her
subordinates or other law enforcement officer when directed in the declaration to do so by
the Chairman. When acting under this authority, the Sheriff and his or her subordinates may
restrict or deny access to any area, street, highway or location within the county if that
restriction or denial of access or use is reasonably necessary to promote efforts being made to
overcome the emergency or to prevent further aggravation of the emergency.
Section 89. The Declaration may prohibit or restrict:
1. Movements of people in public places;
2. The operation of offices, business establishments, and other places to or from which people
may travel or at which they may congregate; and
3. Other activities or conditions the control of which may be reasonably necessary to maintain
order and protect lives or property during the state of emergency, within the area designated
in the declaration.
Section 910. Removal of Prohibitions and Restrictions
The Chairman shall by declaration terminate the entire declaration of emergency or remove any
of the prohibitions and restrictions when the emergency no longer requires them, or when
directed to do so by the Board of Commissioners.
Section 1011. Superseding and Amendatory Declaration
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The Chairman in his or her discretion may invoke the restrictions authorized by this ordinance in
a separate declaration, and may amend any declaration by means of a superseding declaration in
accordance with the procedures set forth in Section 23.
Section 1112. Termination of Declaration
1. Any Declaration of a State of Emergency issued under this ordinance shall expire when it is
terminated by the Chairman or:
a. 14 calendar days after the issuance of the declaration, the State of Emergency may not
be continued without concurrence by the majority of the Board of Commissioners and
during must be done in an official meeting..
b. 60 calendar days after the issuance of the State of Emergency declaration, the
declaration will automatically expire unless the Board of Commissioners extends the
declaration.
2. Prohibitions and restrictions imposed pursuant to the authority granted by this ordinance shall
expire upon the earliest occurrence of either of the following:
a. The prohibition or restriction is terminated by the Chairman;
a.b. The State of Emergency is terminated.
Section 1213. In Case of Absence or Disability of Chairman
In case of the absence or disability of the Chairman, the Vice-chairman of the Board of
Commissioners, or such other person as may be designated by the Board of Commissioners, shall
have and exercise all of the powers herein given the Chairman of the Board of Commissioners,
such other person as may be designated by the Board of Commissioners shall have an exercise of
all the powers in this article given the Chair. The line of succession shall be the Vice-Chair, the
County Manager, the Assistant County Manager and the Emergency Management Director.
The Emergency Management Director shall have the authority to invoke a State of Emergency
when immediacy of necessary action precludes contact with the Chair of the Board of
Commissioners.
Section 13143. Penalty for Violation
Any person violating any prohibition or restriction imposed by a declaration authorized by this
ordinance shall be guilty of a Class 2 misdemeanor, as provided by General Statute166A-19.31
and General Statute 14-288.20A.
Section 14154. Conflict with Other Ordinances
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Whenever the provisions of this ordinance conflict with other ordinances of Person County, this
ordinance shall govern to the extent permitted by law.
Section 15165. Territorial Applicability
This ordinance shall not apply within the corporate limits of any municipality, or within any area
of the county over which the municipality has jurisdiction to enact general police-power
ordinances, unless the municipality’s governing body or mayor consents to or requests its
application. Such consent or request may be with respect to one or more of the prohibitions and
restrictions imposed by the declaration, and need not be with respect to all prohibitions and
restrictions imposed by the declaration. The application of this ordinance and any declaration
adopted thereto to the corporate limits of any municipality or any area of the county over which
the municipality has jurisdiction to enact general police-power ordinances shall be limited in
scope to that consented to or requested by the municipality’s governing body or mayor.
Section 16176. Validity
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.
The Board of Commissioners hereby declares that it would have passed this ordinance and each
section, subsection, clause, and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared invalid.
Section 17187. Periodic Review
The Person County Emergency Management Director mayshall review the State of Emergency
Ordinance procedure on an annual basis; additionally, the Emergency Management Director will
include an analysis of the procedure’s effectiveness in the After ActionAfter-Action Report of
any declared State of Emergency.
Section 17198. Effective Date of Ordinance
This ordinance shall become effective upon adoption by the Board of Commissioners.
Adopted, this, the 20th day of June, 2022.
PERSON COUNTY
BOARD OF COMMISSIONERS
____________________________________
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Gordon Powell, Chairman
Attest:
____________________________________
Brenda B. Reaves, NCCCC, CMC
Clerk to the Person County
Board of County Commissioners
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PERSON COUNTY STATE OF EMERGENCY ORDINANCE
AN ORDINANCE AUTHORIZING THE DECLARATION OF A STATE OF EMERGENCY
AND THE IMPOSITION OF PROHIBITIONS AND RESTRICTIONS DURING
A STATE OF EMERGENCY
Section 1. Authority
This ordinance is hereby adopted under the authority of Chapter 166A and Chapter 153A of the
North Carolina General Statutes.
Section 2. State of Emergency; Restrictions Authorized
1. A State of Emergency shall be deemed to exist whenever the Chair of the Person County
Board of Commissioners makes a finding and declaration that an emergency exists.
Emergency means (i) any man-made disaster including any condition following an attack by
an enemy or foreign nation upon the United States, resulting in substantial damage to
property or injury to persons, and may include the use of bombs, missiles, shell fire, or
nuclear, radiological, chemical, or biological means or other weapons or by overt
paramilitary actions; terrorism, foreign and domestic; cyber incidents; and any industrial,
nuclear, or transportation accident, explosion, conflagration, power failure, resources
shortage, or other condition such as sabotage, oil spills, and other injurious environmental
contaminations that threaten or cause damage to property, human suffering, hardship, or loss
of life; (ii) any natural disaster including any hurricane, tornado, storm, flood, high water,
wind-driven water, tidal wave, earthquake, drought, fire, communicable disease of public
health threat, or other natural catastrophe resulting in damage, hardship, suffering or possible
loss of life and (iii) otherwise defined in General Statures 166A-19.3(6) or other applicable
statutes.
2. In the event of an existing or threatened State of Emergency endangering the lives, safety,
health and welfare of the people within Person County or any part thereof, or threatening
damages to or destruction of property, the Chair of the Board of Commissioners is hereby
authorized and empowered under General Statutes 166A-19.22 and 166A-19.31 to make a
finding of an Emergency and to issue a public declaration declaring to all persons the
existence of such a State of Emergency, and, in order to more effectively protect the lives and
property of people within the County, to place in effect any or all of the restrictions
hereinafter authorized.
Within 48 hours of the issuance of the State of Emergency declaration, the Chair shall
contact each member of the Board of Commissioners and ensure they have been advised of
the declaration. Upon request of any commissioner, if the declaration remains in effect, the
chair shall call an emergency meeting or special meeting of the Board of Commissioners to
discuss the reason for the issuance of the declaration, its provisions and expected duration.
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3. The Chair is hereby authorized and empowered to limit by the declaration the application of
all or any part of such restrictions to any area specifically designated or described within the
county and to specific hours of the day or night; and to exempt from all or any part of such
restrictions, while acting in the line of and within the scope of their respective duties, law
enforcement officers, firefighters and other public employees, rescue squad members,
doctors, nurses, employees of hospitals and other medical facilities; on-duty military
personnel, whether state or federal; on-duty employees of public utilities, public
transportation companies and newspaper, magazine, radio broadcasting, and television
broadcasting entities and such other classes of persons as may be essential to the preservation
of public order and immediately necessary to serve the safety, health, and welfare needs of
people within the county.
Section 3. Declaration Imposing Prohibitions and Restrictions
1. The Chair of the Board of Commissioners by declaration may impose the prohibitions and
restrictions specified in sections 4 through 9 of this ordinance in the manner described in
those sections. The Chair may impose as many of those specified prohibitions and
restrictions as he or she finds are necessary or suitable, because of an emergency, to maintain
an acceptable level of public order and services, and to protect lives, safety, and property.
The Chair shall recite his or her findings in the declaration.
2. The declaration shall be in writing. The Chair shall take reasonable steps to give notice of the
terms of the declaration to those affected by it, including the (i) posting of a signed copy of
the declaration on the county website and (ii) submittal of notice and a signed copy of the
declaration to the NC Department of Public Safety WebEOC critical incident management
system. The Chair shall send reports of the substance of the declaration to the mass
communications media which serves the affected area. The Chair and Clerk to the Board
shall retain a text of the declaration and furnish upon request certified copies of it.
Section 4. Evacuation
The Chair may direct and compel the voluntary or mandatory evacuation of all or part of the
population of Person County; prescribe routes, modes of transportation, and destination in
connection with evacuation; and control ingress and egress of an emergency area, the movement
of persons within the area, and the occupancy of premises therein. Details of the evacuation may
be set forth or amended in a subsequent declaration which shall be well publicized.
Section 5. Curfew.
1. The declaration may impose a curfew prohibiting in certain areas and during certain periods
the appearance in public of anyone who is not a member of an exempted class. The
declaration shall specify the geographical area or areas and the period during each 24-hour
day to which the curfew applies. The Chair may exempt from some or all of the curfew
restrictions classes of people whose exemption the Chair finds necessary for the preservation
of the public health, safety, and welfare. The declaration shall state the exempted classes and
the restrictions from which each is exempted.
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Section 6. Restrictions on Possession, Consumption, or Transfer of Alcoholic Beverages
The declaration may prohibit the possession or consumption of any alcoholic beverage; including
beer, wine, and spirituous liquor other than on one's own premises, and may prohibit the transfer,
transportation, sale or purchase of any alcoholic beverage within the area of the county described
in the declaration. The prohibition, if imposed, may apply to transfers of alcoholic beverages by
employees of Alcoholic Beverage Control stores as well as by anyone else within the
geographical area described.
Section 7. Restriction on Possession, Transportation, and Transfer of Dangerous
Weapons and Substances
1. The declaration may prohibit the transportation or possession off one's own premises, or the
sale or purchase of any dangerous weapon or substance. The Chair may exempt from some or
all of the restriction classes of people whose possession, transfer, or transportation of certain
dangerous weapons or substances is necessary to the preservation of the public health, safety,
or welfare. The declaration shall state the exempted classes and the restrictions from which
each is exempted.
2. Except as stated in subsection (c) below, "dangerous weapon or substance" means:
a. Any deadly weapon, ammunition, explosive, incendiary device, radioactive material or
device as defined in General Statute 14-288.1(2), gasoline, or other instrument or
substance designed for a use that carries a threat of serious bodily injury or destruction of
property.
b. Any other instrument or substance that is capable of being used to inflict serious bodily
injury or destruction of property, when the circumstances indicate that there is some
probability that such instrument or substance will be so used.
c. Any part or ingredient in any instrument or substance included above when the
circumstances indicate a probability that such a part or ingredient will be so used.
3. Notwithstanding anything in this ordinance to the contrary, “dangerous weapon or substance”
shall not be deemed to include “lawfully possessed firearms or ammunition.” The term
“firearm” shall have the same meaning as that term is used in General Statute 14-409.39(2): a
handgun, a shotgun, or rifle which expels a projectile by action of an explosion. The term
“handgun” shall have the same meaning as that term is used in General Statute 14-409.39(3):
a pistol, revolver, or other gun that has a short stock and is designed to be held and fired by
the use of a single hand.
4. If imposed, the restrictions shall apply throughout the jurisdiction of the county or such part
thereof as designated in the declaration.
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Section 8. Restrictions on Access to Areas
1. The declaration may prohibit obtaining access or attempting to obtain access to any area,
designated in the manner described in this section, in violation of any order, clearly posted
notice, or barricade indicating that access is denied or restricted.
2. Areas to which access is denied or restricted shall be designated by the Sheriff and his or her
subordinates or other law enforcement officer when directed in the declaration to do so by
the Chair. When acting under this authority, the Sheriff and his or her subordinates may
restrict or deny access to any area, street, highway or location within the county if that
restriction or denial of access or use is reasonably necessary to promote efforts being made to
overcome the emergency or to prevent further aggravation of the emergency.
Section 9. The Declaration may prohibit or restrict:
1. Movements of people in public places;
2. The operation of offices, business establishments, and other places to or from which people
may travel or at which they may congregate; and
3. Other activities or conditions the control of which may be reasonably necessary to maintain
order and protect lives or property during the state of emergency, within the area designated
in the declaration.
Section 10. Removal of Prohibitions and Restrictions
The Chair shall by declaration terminate the entire declaration of emergency or remove any of
the prohibitions and restrictions when the emergency no longer requires them, or when directed
to do so by the Board of Commissioners.
Section 11. Superseding and Amendatory Declaration
The Chair in his or her discretion may invoke the restrictions authorized by this ordinance in a
separate declaration, and may amend any declaration by means of a superseding declaration in
accordance with the procedures set forth in Section 3.
Section 12. Termination of Declaration
1. Any Declaration of a State of Emergency issued under this ordinance shall expire when it is
terminated by the Chair or:
a. 14 calendar days after the issuance of the declaration, the State of Emergency may not
be continued without concurrence by the majority of the Board of Commissioners and
during an official meeting.
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b. 60 calendar days after the issuance of the State of Emergency declaration, the
declaration will automatically expire unless the Board of Commissioners extends the
declaration.
2. Prohibitions and restrictions imposed pursuant to the authority granted by this ordinance shall
expire upon the earliest occurrence of either of the following:
a. The prohibition or restriction is terminated by the Chair;
b. The State of Emergency is terminated.
Section 13. Penalty for Violation
Any person violating any prohibition or restriction imposed by a declaration authorized by this
ordinance shall be guilty of a Class 2 misdemeanor, as provided by General Statute166A-19.31
and General Statute 14-288.20A.
Section 14. Conflict with Other Ordinances
Whenever the provisions of this ordinance conflict with other ordinances of Person County, this
ordinance shall govern to the extent permitted by law.
Section 15. Territorial Applicability
This ordinance shall not apply within the corporate limits of any municipality, or within any area
of the county over which the municipality has jurisdiction to enact general police-power
ordinances, unless the municipality’s governing body or mayor consents to or requests its
application. Such consent or request may be with respect to one or more of the prohibitions and
restrictions imposed by the declaration, and need not be with respect to all prohibitions and
restrictions imposed by the declaration. The application of this ordinance and any declaration
adopted thereto to the corporate limits of any municipality or any area of the county over which
the municipality has jurisdiction to enact general police-power ordinances shall be limited in
scope to that consented to or requested by the municipality’s governing body or mayor.
Section 16. Validity
If any section, subsection, sentence, clause, or phrase of this ordinance is for any reason held to
be invalid, such decision shall not affect the validity of the remaining portions of this ordinance.
The Board of Commissioners hereby declares that it would have passed this ordinance and each
section, subsection, clause, and phrase thereof, irrespective of the fact that any one or more
sections, subsections, sentences, clauses, or phrases be declared invalid.
Section 17. Periodic Review
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The Person County Emergency Management Director shall review the State of Emergency
Ordinance procedure on an annual basis; additionally, the Emergency Management Director will
include an analysis of the procedure’s effectiveness in the After-Action Report of any declared
State of Emergency.
Section 18. Effective Date of Ordinance
This ordinance shall become effective upon adoption by the Board of Commissioners.
Adopted, this, the 20th day of June, 2022.
PERSON COUNTY
BOARD OF COMMISSIONERS
____________________________________
Gordon Powell, Chairman
Attest:
____________________________________
Brenda B. Reaves, NCCCC, CMC
Clerk to the Person County
Board of County Commissioners
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PERSON COUNTY EMERGENCY MANAGEMENT ORDINANCE
The County of Person ordains:
Person County Emergency Management Ordinance
Section 1. Authority and Short Title
This ordinance is adopted to delegate pursuant to delegating emergency management authority
and responsibilities responsibilities to certain county staff in order to perform statutory
requirements as prescribed by NCGS Chapter 166A-19.15 of the North Carolina General
Statutes and the NCAC in Title 14B and pursuant toin accordance with the provisions of Chapter
153A, Article 6 of the North Carolina General Statutes. and shall be known and referred to as the
“Emergency Management Ordinance for the County of Person.”
Section 2. Intent and Purpose
1. It is the intent and purpose of this ordinance to establish an emergency management agency
that will ensure the efficient utilization of all Person County resources to combat emergencies
resulting from enemy actions or other emergencies as defined herein. The purposes of the
emergency management agency shall be to reduce vulnerability of people and property of Person
County to damage, injury, and loss of life and property; to prepare for prompt and efficient
rescue, care and treatment of threatened or affected persons; to provide for the rapid and orderly
rehabilitation of persons and restoration of property; and to provide for cooperation and
coordination of activities relating to emergency and disaster mitigation, preparedness, response
and recovery among agencies and officials of Person County and with similar agencies and
officials of other counties and municipalities and with other private and quasi-official
organizations.
1. The Office of Emergency Management is established to ensure the complete and efficient
utilization of all resources of the county in the event of disaster, as defined herein.
2. The Person County Office of Emergency Management will be the coordination agency for all
activity in connection with emergency management. It will be the instrument through which the
Person County Board of Commissioners may exercise the authority and discharge the
responsibilities vested in them during emergencies.
2. The Office of Emergency Management shall be the coordinating agency for all activity in
connection with emergency management within the county; it will be the agency through
which the Person County Board of Commissioners exercises the authority and discharges
the responsibilities vested in it during states of disaster or local emergency.
3. This ordinance will not abrogate the authority or responsibilities of the Chairman of the
Person County Board of Commissioners or any county department given to them in the county
charter, local ordinances or any applicable law, nor will it adversely affect the work of any
volunteer agency organized for relief in emergencies.
3. This ordinance does not relieve any county department or agency of the responsibilities or
authority given to it by state law or by local ordinance, nor will it adversely affect the work
of any volunteer agency organized for relief in disaster situations.
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4. This ordinance shall not abridge or modify the authority of the Governor or his or her
delegates to implement emergency measures during declared states of disaster.
5. The Office of Emergency Management shall be the central coordinating agency for
activities and programs relating to emergency and disaster mitigation, preparedness,
response and recovery among agencies and officials of the county and with similar agencies
and officials of other counties, the state and federal agencies, the City of Roxboro; and with
other private and quasi-official organizations.
Section 3. Definitions
1. The following definitions shall apply in the interpretation of this ordinance unless the context
clearly indicates or requires a different meaningArticle:
ATTACK. Direct or indirect, actual or threatened, assault against the county, its
government or its environs, or against the state or nation, by the forces of a hostile nation
or the agents thereof, including but not limited to assault by bombing, conventional,
radiological or nuclear, chemical or biological warfare, sabotage, cyber-attack or other
impending or actual calamity.
(i) “Attack” shall mean direct or indirect assault against Person County, its government,
environs, or of the nation, by the forces of a hostile nation or the agents thereof, including
assault by bombing, conventional or nuclear, chemical or biological warfare, terrorism or
sabotage.
(g) “Coordinator” shall mean the Coordinator of the Person County Emergency Agency,
appointed as prescribed in this ordinance.
DISASTER. An occurrence or imminent threat of widespread or severe damage, injury or
loss of life or property resulting from any natural or man-made accidental, military or
paramilitary cause.
(c) “Disaster” includes but is not limited to actual or threatened enemy attack, sabotage,
extraordinary fire, flood, storm, epidemic, accident, chemical spill, air or other discharge
into ground water, or other impending or actual calamity endangering or threatening
health, life, environment, or property of constituted government.
EMERGENCY. (i) Any man-made disaster including any condition following an attack
by an enemy or foreign nation upon the United States resulting in substantial damage or
property or injury to persons and may be including by the use of bombs, missiles, shell
fire, or nuclear, radiological, chemical, or biological means or other weapons or by overt
paramilitary actions; terrorism, foreign and domestic; cyber incidents; and any industrial,
nuclear, or transportation accident, explosion, conflagration, power failure, resources
shortage, or other condition such as sabotage, oil spills, and other injurious environmental
contaminations that threaten or cause damage to property, human suffering, hardship, or
loss of life; and (ii) any natural disaster including any hurricane, tornado, storm, flood,
high water, wind-driven water, tidal wave, earthquake, drought, fire, communicable
disease of public health threat, or other natural catastrophe resulting in damage, hardship,
suffering or possible loss of life; and (iii) otherwise as defined in General Statute 166A-
19.3(6), or other applicable statutes.
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(j) “Emergency” shall be defined as an occurrence or imminent threat of widespread or
severe damage, injury, or loss of life or property resulting from any natural or man-made
accidental, military, paramilitary, weather-related, or riot-related cause. It shall include
but not be limited to actual or threatened enemy attack, sabotage, extraordinary fire,
flood, storm, epidemic, accident, chemical spill or other impending or actual calamity
endangering or threatening to endanger health, life or property of constituted government.
EMERGENCY MANAGEMENT. Broadly defined, the governmental function that
coordinates and integrates all activities to build, sustain and improve the capability to
prepare for, protect against, respond to, recover from or mitigate against threatened or
actual natural disasters, acts of terrorism or other man-made disasters. This shall include
plans and preparations for minimizing the adverse effect of any kind of disaster, as
defined herein, and shall include prevention, mitigation, warning, response, movement,
shelter, emergency assistance and recovery. It shall not, however, include any activity
that is the primary responsibility of the military forces of the United States.
(a) “Emergency Management” shall be defined as those measures taken by the populace
and government of Person County to minimize the adverse effect of any type of
emergency, which include the never-ending preparedness cycle of prevention, mitigation,
warning, movement, shelter, emergency assistance and recovery. Emergency
management shall include the basic government functions of maintaining the public
peace, health and safety during an emergency. This term shall include plans and
preparations for protection and relief, recovery and rehabilitation from effects of an
attack by the forces of an enemy nation or the agents thereof, or an emergency as defined
herein; it shall not, however, include any activity that is the primary responsibility of the
military forces of the United States.
EMERGENCY MANAGEMENT FORCES. The employees, equipment and facilities of
all county departments, boards, councils, and institutions, acting in furtherance of the
purposes of this ordinance and, in addition, it shall include all volunteer personnel,
equipment and facilities contributed by or obtained from volunteer persons or agencies
while acting in the capacity of emergency management volunteers.
(d) “Emergency Management Forces” shall mean the employees, equipment, and
facilities of all county departments, boards, councils, institutions, and commissions; and
in addition, it shall include all volunteer personnel, equipment, and facilities contributed
by, or obtained from, volunteer persons or agencies.
EMERGENCY MANAGEMENT VOLUNTEER. Any person or agency contributing a
service, equipment or facilities to the emergency management agency without
remuneration and assigned to participate in the emergency management activity.
(f) “Emergency Management Volunteer” shall mean any person duly registered,
identified, and appointed by the Coordinator of the Person County Emergency Agency
and assigned to participate in the emergency management activity.
HAZARDOUS MATERIALS. (l) Hazardous materials. – Any material defined as a
hazardous substance in 29 Code of Federal Regulations, 1910.120.
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(m) Hazardous materials emergency response team or hazmat team. – An organized
group of persons specially trained and equipped to respond to and control actual or
potential leaks or spills of hazardous materials.
HAZARDOUS MATERIALS INCIDENT or HAZARDOUS MATERIALS
EMERGENCY. An uncontrolled release or threatened release of a hazardous material
requiring assistance to contain, control and clean up the release.
(k) Hazardous materials incident or hazardous materials emergency. – An uncontrolled
release or threatened release of a hazardous substance requiring assistance by any or all
of the following: Person County Emergency Management Agency, local fire department,
hazardous materials team, law enforcement, spill companies, etc. to contain, control and
clean up the release.
(b) “Man-made” shall include any man-made situation causing harm to Person County,
its government, or its environs. This can include bombing, conventional, nuclear,
chemical, or biological weapons through terrorism or sabotage. It includes local disasters
from spills, accidental/purposeful chemical releases, explosions, and any local man-made
incident.
INCIDENT COMMAND SYSTEM (ICS). The combination of facilities, equipment,
personnel, procedures, and communications operating within a common organizational
structure, designed to aid in domestic incident management activities.
MUTUAL AID AGREEMENTS. Written agreements between County and other
governments or entities, which may include but are not limited to the furnishing or
exchange of such supplies, equipment, facilities, personnel and services as may be
needed; the reimbursement of costs and expenses for equipment, supplies, personnel and
similar items; and on such terms and conditions as deemed necessary.
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS). A system prescribed by
the Department of Homeland Security under the direction of Presidential Directive #5
that strengthens response capabilities through a balance between flexibility and
standardization, and use of common doctrine, terminology, concepts, principles and
processes. The purpose of NIMS is to provide a consistent nationwide approach for
federal, state and local governments to work effectively and efficiently together to
prepare for, prevent, respond to, and recover from domestic incidents, regardless of
cause, size or complexity.
REGULATIONS. (h) “Regulations” shall include plansPlans, programs, and other
emergency procedures deemed essential to emergency management.
RESPONSIBLE PARTY. (n) Responsible party. – A person or entity who causes
directly or indirectly the release of a hazardous material creating a hazardous materials
incident shall be liable for all reasonable costs incurred in responding to and mitigating
the incident. In the event that the responsible party cannot be determined or is unable to
pay, the owner of or person in possession of hazardous materials at the time of the
incident is liable for the costs.
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(e) “Volunteer” shall mean contributing a service, equipment, and facilities to the
Emergency Management Agency without remuneration.
Section 4. Organization and Appointments
1. The organization shall consist of the following:
(a) The Office of Emergency Management within the Emergency Services Department of
county government under the direction of the Person County Board of
Commissioners, through the County Manager, as authorized by NCGS 166A-19.15.
The Emergency Manager is the Director of Emergency Services. The assistants and
other employees as are deemed necessary by the Person County Board of
Commissioners for the proper functioning of the agency shall be appointed.
(a) An agency of emergency management within the executive department of the Person
County government under the direction of the Person County Board of Commissioners,
through the County Manager. The agency head of the emergency management agency
shall be known as the Coordinator and such assistants and other employees as are deemed
necessary for the proper functioning of the agency will be appointed.
(a)(b) The employees and resources of all Person County departments, boards,
institutions, and councils. The same shall participate in the emergency management
activities. Duties assigned to the county departments shall be the same as or similar
to the normal duties of the departments, where possible.
(b)(c) Volunteer personnel and agencies offering service to and accepted by the county.
2. The Person County Manager shall appoint an Emergency Manager to lead the Person County
Office of Emergency Management Coordinator of the Person County Emergency
Management Agency who shall be a person well versed and trained in planning operations
involving the activities of many different agencies which will operate to protect the public
health, safety and welfare in the event of danger from disasters either man-made or natural
disasters disaster, as defined in this ordinance.
3. The coordinator Emergency Manager shall designate and appoint assistant deputy
coordinators managers to assume the emergency duties of the coordinator Emergency
Manager in the event of his/ or her absence or inability to actdisability.
Section 5: Emergency Powers and Duties
1. The Emergency Manager shall promulgate local emergency management plans which shall
be approved by the Board of Commissioners and which shall be activated whenever a local
state of emergency is declared by the Person County Board of Commissioners or Chair as
pursuant to local ordinance and NCGS 166A, or when the Governor of the state declares a
state of disaster in all or any part of the county. The local programs and plans shall be in
accordance with the policies and standards set by the state.
2. During states of declared disaster or local emergency, the Person County Board of
Commissioners may delegate to the Emergency Manager the power to implement the
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additional plans as are necessary for the efficient administration of state or federal disaster
plans and for the preservation of the public safety, health and welfare.
3. During states of declared disaster or local emergency, the Emergency Manager is authorized
to utilize all available county resources as reasonably necessary to cope with an emergency,
including the transfer and direction of personnel or functions of county agencies or units
thereof for the purpose of performing or facilitating emergency services in consultation with
the County Manager or his or her designee.
Section 56. Emergency Manager, Day-to-Day Duties and Responsibilities of the
Coordinator.
1. The coordinator Emergency Manager shall be responsible to the Person County Board of
Commissioners, through the County Manager, in regard to all phases of emergency
management activity. The coordinator Emergency Manager shall be responsible for the
planning, coordinatingcoordination, and operation of the emergency management activities
in Person Countythe county. The coordinator Emergency Manager shall maintain liaison
communication with the state and federal authorities and the authorities of nearby political
subdivisions so as to ensure the most effective operations of the emergency management
plans.
2. No person shall be employed or associated in any capacity in any emergency management
agency established under this ordinance if the person:
a. Advocates or has advocated a change by force or violence in the constitutional form
of the government of the United States;
b. Advocates or has advocated the overthrow of any government in the United States by
force or violence;
c. Has been convicted of any subversive act against the United States; or
d. Is under indictment or information charging any subversive act against the United
States.
1.3. The coordinator’s dutiesDuties of the Emergency Manager shall include, but are not
limited to the following:
a. Coordinating the recruitment of volunteer personnel and agencies to augment the
personnel and facilities of Person Countythe county for emergency management
purposes.
b. Development Developing and coordination coordinating of plans for the immediate
use of all facilities, equipment, manpower, and other resources of the county for the
purpose of minimizing or preventing damage to persons and property; and protecting
or restoring governmental services and public utilities necessary for the public health,
safety and welfarepersons, property, environment, protection, and restoring to
usefulness governmental services and public utilities necessary for the public health,
safety, and welfare.
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c. Negotiating and concluding agreements with owners or persons in control of
buildings or other propertiesreal property for the use of such buildings or otherand
properties for the emergency management purposes, pursuant to the agreements
designating and designation suitable buildings as public shelters.
d. Educating the populace through public information programs about procedures
required for the protection of its persons and property in case of disaster, as defined
herein;Through public informational programs, educating the populace as to actions
necessary and required for the protection of their persons and property in case of
emergency, either impending or present.
(e) Coordinating the activities of all other public and private agencies engaged in any
emergency management activities.
e. (f) Conducting public practice alertsexercises to ensure the efficient operation of the
emergency management forces and to familiarize residents with emergency
management regulations, procedures and operations.
4. Coordinating the activity of other public and private agencies engaged in any emergency
management activities and implementing state disaster procedures; and
2.5. Negotiating agreements with other political subdivisions for mutual aid assistance, for
approval by the Board of Commissioners, providing such agreements are consistent with the
state emergency management program and plans.
Section 67. Emergency Management Plans
1. Comprehensive emergency management plans shall be prepared by the coordinator and
adopted and maintained by resolution of the Person County Board of Commissioners. In the
preparation of these plans, as it pertains to county organizations, it is intended that the
services, equipment, facilities, and personnel of all existing departments and agencies shall
be utilized to the fullest extent. When comprehensive emergency management plans are
approved, it shall be the duty of alleach county departments and or agencyies to shall perform
the those functions assigned to it by these plans and to shall maintain their portions of the
plans in a current state or of readiness at all times. These plansThe basic emergency
operation plan shall have the full effect of the local law whenever a State of Emergency or
disaster, as defined in this ordinance, has been declared.
2. The coordinator Emergency Manager shall prescribe describe in the emergency plans those
positions within the emergency disaster organization, (in addition to his/ or her positionown,)
for which lines of succession are necessary. In each instance, the responsible person will
shall designate and keep on file with the coordinator Office of Emergency Management a
current list of three (3) persons as successors to his/ or her position. The list will shall be in
order of succession and will, nearly as possible,shall designate persons best most capable of
carrying out all assigned duties and functions assigned to the position. The Emergency
Manager will approve all actual changes in positions or responsibilities.
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3. Each service chief and department head assigned responsibility indesignated in the basic
plans shall be responsible for carrying out all designated duties and functions assigned
therein. Duties will include the organization and training of assigned employees and where
needed volunteers. Each chief shall formulate an standing operationsoperating procedure to
implement the plans for his/ or her service.
4. Amendments to these plans shall be submitted to the coordinatorOffice of Emergency
Management. If approved, tThe coordinator Emergency Manager will thenmay submit the
proposed amendments to the Person County Board of Commissioners with his/ or her
recommendation for their approval. The amendments shall take effect as provided by the
Person County Board of Commissioners.
5. When a skill required competency, skill, orfor an emergency or disaster relief function is not
available within the local government, the coordinator Emergency Manager is shall be
authorized to seek assistance form persons outside ofbeyond local government resources.
The assignment of duties, when Duties of a supervisory nature shall also include the
grantingan implicit authority for the persons so assigned to carry out the ancillary duties as
are necessary and proper before and after the occurrence of an emergency or disaster for the
fulfillment of functions authorized by this ordinancesuch duties prior to, during, and after the
occurrence of an emergency. Services from persons other than government employees may
be accepted by local government on a volunteer basis. Local government on a voluntary basis
may accept such services from persons outside of government. Such citizens shall be
enrolled as emergency management volunteers with the approval of the local government
department heads or service chiefs affected.
Section 7. Hazardous Materials
1. The intent and purpose of this section is to establish the duties of the emergency management
agencyOffice of Emergency Management as it relates to hazardous materials emergencies.
Such incidents include, but are not limited to spills, accidents, illegal dumping and other
releases or threatened releases of hazardous materials requiring control. The emergency
management agencyOffice of Emergency Management shall have the authority to summarily
remove, abate, or remedy hazardous material emergencies within the jurisdiction of the
Person County that are, or potentially are, a threat to public safety.
2. In the event Person County forms a Hazardous Materials Team, the coordinator Emergency
Manager has the authority to designate another person to coordinate the operations of the
team.
3. When responding to a release or threatened release of hazardous materials, the emergency
management agencyOffice of Emergency Management, along with any agencies it calls in to
provide assistance, may enter onto private or public property or any adjacent or surrounding
property where the release or threatened release occurred. The Emergency Manager may
obtain administrative search and inspection warrants, if needed.
4. Liability for a hazardous material incident lies with the responsible party who shall be
responsible for all reasonable costs incurred in responding to and mitigating the incident.
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Section 8: National Incident Management System Recognition and Compliance
1. The county shall recognize the National Incident Management System (NIMS) and adopt the
principles and policies of the NIMS that will ensure the complete and efficient utilization of
all of the county’s resources to combat disasters.
2. NIMS principles and policies are to be adhered to by all emergency management forces and
across all functional disciplines within the county to provide a comprehensive approach to
incident management. The Incident Command System (ICS) will be used within the NIMS
framework for the handling of any large scale or hazardous materials incident.
1.3. The Office of Emergency Management, with guidance from the NIMS Integration Center
(NIC), will be the coordinating agency for all activity in connection with NIMS.
Section 89. No Municipal County or Private Liability
1. All functions hereunder and all other actions related to emergency management by the
county are governmental functions for the protection of the public peace, health and safety.
2. Neither the county, nor agents and representatives of same, nor any individual, receiver, firm,
partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith
complying with or attempting to comply with this ordinance or rule, or regulation
promulgated pursuant to the provisions of this ordinance, shall be liable for the death of or
injury to persons, or for damage to property as a result of the activity.
3. Any person owning or controlling real estate or other premises who voluntarily, and without
compensation, grants to the county the right to inspect, designate and use the whole or any
part or parts of the real estate for the purpose of sheltering persons during an actual,
impending or practice disaster situation shall not be civilly liable for the death of or injury to
any persons on or about the real estate under the license, privilege or permission, or for loss
of or damage to the property of the persons.
This ordinance is an exercise by Person County as its governmental functions for the protection
of the public peace, health, environment, safety, and neither Person County nor agents and
representatives, if some, or any individual receiver, firm, partnership, corporation, association,
trustee, or any other agents thereof in good faith carrying out, complying with, or attempting to
comply with any order, rule, or regulation promulgated pursuant to the provisions of this
ordinance, shall be liable for any damage sustained to person, property, environment, as a result
of said activity.
Section 910. Violations.
Pursuant to Article 6 of Chapter 153A of the North Carolina General Statutes, NC general
Statutes it shall be a misdemeanorunlawful for any person to violate any of the provisions of this
ordinance or of the regulations or plans issued promulgated pursuant to the authority contained
herein, or to willfully obstruct, hinder, or delay any member of the emergency management
organization forces, as herein defined, in the enforcement of the provisions of this ordinance or
any regulations or plan issued thereunder.
Section 1011. Separability.
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Should any provisions of this ordinance be declared invalid for any reason, by any court of
competent jurisdiction, such declaration shall not affect the validity of the other provisions or of
this ordinance as a whole, it being the legislative intent that the provisions of this ordinance shall
be separate and remain valid notwithstanding such declaration.
Section 11. Conflicting Ordinances, Orders, Rules, and Regulations Suspended.
Whenever a declared state of emergency or disaster exists, the provisions of this ordinance shall
supersede all local rules and ordinances At all times when the orders, rules, and regulations made
promulgated pursuant to this Ordinance shall be in effect, they shall supersede all existing
ordinances, rules, and regulations insofar as the latter may be inconsistent therewith and to the
extent permitted by applicable law.
Section 1213. Effective Date
This Ordinance shall take effect upon final adoption by the Person County Board of
Commissioners.
Adopted, this the 20th day of June, 2022.
PERSON COUNTY
BOARD OF COMMISSIONERS
____________________________
Gordon Powell, Chairman
Attest:
____________________________
Brenda B. Reaves, Clerk to the Person
County Board of County Commissioners
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PERSON COUNTY EMERGENCY MANAGEMENT ORDINANCE
Section 1. Authority
This ordinance is adopted to delegate emergency management authority and responsibilities to
certain county staff in order to perform statutory requirements as prescribed by Chapter 166A of
the North Carolina General Statutes and the NCAC in Title 14B and in accordance with the
provisions of Chapter 153A, Article 6 of the North Carolina General Statutes.
Section 2. Intent and Purpose
1. The Office of Emergency Management is established to ensure the complete and efficient
utilization of all resources of the county in the event of disaster, as defined herein.
2. The Office of Emergency Management shall be the coordinating agency for all activity in
connection with emergency management within the county; it will be the agency through
which the Person County Board of Commissioners exercises the authority and discharges
the responsibilities vested in it during states of disaster or local emergency.
3. This ordinance does not relieve any county department or agency of the responsibilities or
authority given to it by state law or by local ordinance, nor will it adversely affect the work
of any volunteer agency organized for relief in disaster situations.
4. This ordinance shall not abridge or modify the authority of the Governor or his or her
delegates to implement emergency measures during declared states of disaster.
5. The Office of Emergency Management shall be the central coordinating agency for
activities and programs relating to emergency and disaster mitigation, preparedness,
response and recovery among agencies and officials of the county and with similar agencies
and officials of other counties, the state and federal agencies, the City of Roxboro; and with
other private and quasi-official organizations.
Section 3. Definitions
1. The following definitions shall apply in the interpretation of this ordinance unless the context
clearly indicates or requires a different meaning:
ATTACK. Direct or indirect, actual or threatened, assault against the county, its
government or its environs, or against the state or nation, by the forces of a hostile nation
or the agents thereof, including but not limited to assault by bombing, conventional,
radiological or nuclear, chemical or biological warfare, sabotage, cyber-attack or other
impending or actual calamity.
DISASTER. An occurrence or imminent threat of widespread or severe damage, injury or
loss of life or property resulting from any natural or man-made accidental, military or
paramilitary cause.
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EMERGENCY. (i) Any man-made disaster including any condition following an attack
by an enemy or foreign nation upon the United States resulting in substantial damage or
property or injury to persons and may be including by the use of bombs, missiles, shell
fire, or nuclear, radiological, chemical, or biological means or other weapons or by overt
paramilitary actions; terrorism, foreign and domestic; cyber incidents; and any industrial,
nuclear, or transportation accident, explosion, conflagration, power failure, resources
shortage, or other condition such as sabotage, oil spills, and other injurious environmental
contaminations that threaten or cause damage to property, human suffering, hardship, or
loss of life; and (ii) any natural disaster including any hurricane, tornado, storm, flood,
high water, wind-driven water, tidal wave, earthquake, drought, fire, communicable
disease of public health threat, or other natural catastrophe resulting in damage, hardship,
suffering or possible loss of life; and (iii) otherwise as defined in General Statute 166A-
19.3(6), or other applicable statutes.
EMERGENCY MANAGEMENT. Broadly defined, the governmental function that
coordinates and integrates all activities to build, sustain and improve the capability to
prepare for, protect against, respond to, recover from or mitigate against threatened or
actual natural disasters, acts of terrorism or other man-made disasters. This shall include
plans and preparations for minimizing the adverse effect of any kind of disaster, as
defined herein, and shall include prevention, mitigation, warning, response, movement,
shelter, emergency assistance and recovery. It shall not, however, include any activity
that is the primary responsibility of the military forces of the United States.
EMERGENCY MANAGEMENT FORCES. The employees, equipment and facilities of
all county departments, boards, councils, and institutions, acting in furtherance of the
purposes of this ordinance and, in addition, it shall include all volunteer personnel,
equipment and facilities contributed by or obtained from volunteer persons or agencies
while acting in the capacity of emergency management volunteers.
EMERGENCY MANAGEMENT VOLUNTEER. Any person or agency contributing a
service, equipment or facilities to the emergency management agency without
remuneration and assigned to participate in the emergency management activity.
HAZARDOUS MATERIALS. Any material defined as a hazardous substance in 29 Code
of Federal Regulations, 1910.120.
HAZARDOUS MATERIALS INCIDENT or HAZARDOUS MATERIALS
EMERGENCY. An uncontrolled release or threatened release of a hazardous material
requiring assistance to contain, control and clean up the release.
INCIDENT COMMAND SYSTEM (ICS). The combination of facilities, equipment,
personnel, procedures, and communications operating within a common organizational
structure, designed to aid in domestic incident management activities.
MUTUAL AID AGREEMENTS. Written agreements between County and other
governments or entities, which may include but are not limited to the furnishing or
exchange of such supplies, equipment, facilities, personnel and services as may be
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needed; the reimbursement of costs and expenses for equipment, supplies, personnel and
similar items; and on such terms and conditions as deemed necessary.
NATIONAL INCIDENT MANAGEMENT SYSTEM (NIMS). A system prescribed by
the Department of Homeland Security under the direction of Presidential Directive #5
that strengthens response capabilities through a balance between flexibility and
standardization, and use of common doctrine, terminology, concepts, principles and
processes. The purpose of NIMS is to provide a consistent nationwide approach for
federal, state and local governments to work effectively and efficiently together to
prepare for, prevent, respond to, and recover from domestic incidents, regardless of
cause, size or complexity.
REGULATIONS. Plans, programs, and other emergency procedures deemed essential to
emergency management.
RESPONSIBLE PARTY. A person or entity who causes directly or indirectly the release
of a hazardous material creating a hazardous materials incident shall be liable for all
reasonable costs incurred in responding to and mitigating the incident. In the event that
the responsible party cannot be determined or is unable to pay, the owner of or person in
possession of hazardous materials at the time of the incident is liable for the costs.
Section 4. Organization and Appointments
1. The organization shall consist of the following:
(a) The Office of Emergency Management within the Emergency Services Department of
county government under the direction of the Person County Board of
Commissioners, through the County Manager, as authorized by NCGS 166A-19.15.
The Emergency Manager is the Director of Emergency Services. The assistants and
other employees as are deemed necessary by the Person County Board of
Commissioners for the proper functioning of the agency shall be appointed.
(b) The employees and resources of all Person County departments, boards, institutions,
and councils. The same shall participate in the emergency management activities.
Duties assigned to the county departments shall be the same as or similar to the
normal duties of the departments, where possible.
(c) Volunteer personnel and agencies offering service to and accepted by the county.
2. The Person County Manager shall appoint an Emergency Manager to lead the Person County
Office of Emergency Management who shall be a person well versed and trained in planning
operations involving the activities of many different agencies which will operate to protect
the public health, safety and welfare in the event of disaster, as defined in this ordinance.
3. The Emergency Manager shall designate and appoint deputy managers to assume the
emergency duties of the Emergency Manager in the event of his or her absence or disability.
Section 5: Emergency Powers and Duties
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1. The Emergency Manager shall promulgate local emergency management plans which shall
be approved by the Board of Commissioners and which shall be activated whenever a local
state of emergency is declared by the Person County Board of Commissioners or Chair as
pursuant to local ordinance and NCGS 166A, or when the Governor of the state declares a
state of disaster in all or any part of the county. The local programs and plans shall be in
accordance with the policies and standards set by the state.
2. During states of declared disaster or local emergency, the Person County Board of
Commissioners may delegate to the Emergency Manager the power to implement the
additional plans as are necessary for the efficient administration of state or federal disaster
plans and for the preservation of the public safety, health and welfare.
3. During states of declared disaster or local emergency, the Emergency Manager is authorized
to utilize all available county resources as reasonably necessary to cope with an emergency,
including the transfer and direction of personnel or functions of county agencies or units
thereof for the purpose of performing or facilitating emergency services in consultation with
the County Manager or his or her designee.
Section 6. Emergency Manager, Day-to-Day Duties and Responsibilities
1. The Emergency Manager shall be responsible to the Person County Board of Commissioners,
through the County Manager, in regard to all phases of emergency management activity. The
Emergency Manager shall be responsible for the planning, coordination, and operation of the
emergency management activities in the county. The Emergency Manager shall maintain
communication with the state and federal authorities and the authorities of nearby political
subdivisions so as to ensure the most effective operation of the emergency management
plans.
2. No person shall be employed or associated in any capacity in any emergency management
agency established under this ordinance if the person:
a. Advocates or has advocated a change by force or violence in the constitutional form
of the government of the United States;
b. Advocates or has advocated the overthrow of any government in the United States by
force or violence;
c. Has been convicted of any subversive act against the United States; or
d. Is under indictment or information charging any subversive act against the United
States.
3. Duties of the Emergency Manager shall include, but are not limited to the following:
a. Coordinating the recruitment of volunteer personnel and agencies to augment the
personnel and facilities of the county for emergency management purposes.
b. Developing and coordinating plans for the immediate use of all facilities, equipment,
manpower, and other resources of the county for the purpose of minimizing or
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preventing damage to persons and property; and protecting or restoring governmental
services and public utilities necessary for the public health, safety and welfare.
c. Negotiating and concluding agreements with owners or persons in control of real
property for the use of buildings and properties for emergency management purposes,
pursuant to the agreements designating suitable buildings as public shelters.
d. Educating the populace through public information programs about procedures
required for the protection of its persons and property in case of disaster, as defined
herein;
e. Conducting public exercises to ensure efficient operation of the emergency
management forces and to familiarize residents with emergency management
regulations, procedures and operations.
4. Coordinating the activity of other public and private agencies engaged in any emergency
management activities and implementing state disaster procedures; and
5. Negotiating agreements with other political subdivisions for mutual aid assistance, for
approval by the Board of Commissioners, providing such agreements are consistent with the
state emergency management program and plans.
Section 7. Emergency Management Plans
1. Comprehensive emergency management plans shall be adopted and maintained by resolution
of the Person County Board of Commissioners. In the preparation of these plans, the
services, equipment, facilities, and personnel of all existing departments and agencies shall
be utilized to the fullest extent. When comprehensive emergency management plans are
approved, each county department or agency shall perform those functions assigned to it by
these plans and shall maintain a current state of readiness at all times. The basic emergency
operation plan shall have the full effect of local law whenever a State of Emergency or
disaster, as defined in this ordinance, has been declared.
2. The Emergency Manager shall describe in emergency plans those positions within the
disaster organization, in addition to his or her own, for which lines of succession are
necessary. In each instance, the responsible person shall designate and file with the Office of
Emergency Management a current list of three persons as successors to his or her position.
The list shall be in order of succession and shall designate persons most capable of carrying
out all duties and functions assigned to the position. The Emergency Manager will approve
all actual changes in positions or responsibilities.
3. Each service chief and department head designated in the basic plan shall be responsible for
carrying out all designated duties and functions. Duties will include the organization and
training of assigned employees and volunteers. Each chief shall formulate an operating
procedure to implement the plan for his or her service.
4. Amendments to these plans shall be submitted to the Office of Emergency Management.
The Emergency Manager may submit proposed amendments to the Person County Board of
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Commissioners with his or her recommendation. The amendments shall take effect as
provided by the Person County Board of Commissioners.
5. When a skill required for an emergency or disaster relief function is not available within
local government, the Emergency Manager shall be authorized to seek assistance beyond
local government resources. Duties of a supervisory nature shall also include an implicit
authority to carry out the ancillary duties as are necessary and proper before and after the
occurrence of an emergency or disaster for the fulfillment of functions authorized by this
ordinance. Services from persons other than government employees may be accepted by
local government on a volunteer basis. Such citizens shall be enrolled as emergency
management volunteers with the approval of the local government department heads or
service chiefs affected.
Section 7. Hazardous Materials
1. The intent and purpose of this section is to establish the duties of the Office of Emergency
Management as it relates to hazardous materials emergencies. Such incidents include, but are
not limited to spills, accidents, illegal dumping and other releases or threatened releases of
hazardous materials requiring control. The Office of Emergency Management shall have the
authority to summarily remove, abate, or remedy hazardous material emergencies within the
jurisdiction of the Person County that are, or potentially are, a threat to public safety.
2. In the event Person County forms a Hazardous Materials Team, the Emergency Manager has
the authority to designate another person to coordinate the operations of the team.
3. When responding to a release or threatened release of hazardous materials, the Office of
Emergency Management, along with any agencies it calls in to provide assistance, may enter
onto private or public property or any adjacent or surrounding property where the release or
threatened release occurred. The Emergency Manager may obtain administrative search and
inspection warrants, if needed.
4. Liability for a hazardous material incident lies with the responsible party who shall be
responsible for all reasonable costs incurred in responding to and mitigating the incident.
Section 8: National Incident Management System Recognition and Compliance
1. The county shall recognize the National Incident Management System (NIMS) and adopt the
principles and policies of the NIMS that will ensure the complete and efficient utilization of
all of the county’s resources to combat disasters.
2. NIMS principles and policies are to be adhered to by all emergency management forces and
across all functional disciplines within the county to provide a comprehensive approach to
incident management. The Incident Command System (ICS) will be used within the NIMS
framework for the handling of any large scale or hazardous materials incident.
3. The Office of Emergency Management, with guidance from the NIMS Integration Center
(NIC), will be the coordinating agency for all activity in connection with NIMS.
Section 9. No County or Private Liability
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1. All functions hereunder and all other actions related to emergency management by the
county are governmental functions for the protection of the public peace, health and safety.
2. Neither the county, nor agents and representatives of same, nor any individual, receiver, firm,
partnership, corporation, association, or trustee, nor any of the agents thereof, in good faith
complying with or attempting to comply with this ordinance or rule, or regulation
promulgated pursuant to the provisions of this ordinance, shall be liable for the death of or
injury to persons, or for damage to property as a result of the activity.
3. Any person owning or controlling real estate or other premises who voluntarily, and without
compensation, grants to the county the right to inspect, designate and use the whole or any
part or parts of the real estate for the purpose of sheltering persons during an actual,
impending or practice disaster situation shall not be civilly liable for the death of or injury to
any persons on or about the real estate under the license, privilege or permission, or for loss
of or damage to the property of the persons.
Section 10. Violations
Pursuant to Article 6 of Chapter 153A of the North Carolina General Statutes, it shall be
unlawful for any person to violate any of the provisions of this ordinance or of the regulations or
plans promulgated pursuant to the authority contained herein, or to willfully obstruct, hinder, or
delay any member of the emergency management forces, as herein defined, in the enforcement
of the provisions of this ordinance or any regulations or plan issued thereunder.
Section 11. Separability
Should any provisions of this ordinance be declared invalid for any reason, by any court of
competent jurisdiction, such declaration shall not affect the validity of the other provisions or of
this ordinance as a whole, it being the legislative intent that the provisions of this ordinance shall
be separate and remain valid notwithstanding such declaration.
Section 11. Conflicting Ordinances, Orders, Rules, and Regulations Suspended
Whenever a declared state of emergency or disaster exists, the provisions of this ordinance shall
supersede all local rules and ordinances inconsistent therewith and to the extent permitted by
applicable law.
Section 13. Effective Date
This Ordinance shall take effect upon final adoption by the Person County Board of
Commissioners.
Adopted, this the 20th day of June, 2022.
PERSON COUNTY
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BOARD OF COMMISSIONERS
____________________________
Gordon Powell, Chairman
Attest:
____________________________
Brenda B. Reaves, Clerk to the Person
County Board of County Commissioners
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AGENDA ABSTRACT
Meeting Date: June 20, 2022
Agenda Title: Resolution Designating the Month of July as Park and Recreation
Month in Person County
Summary of Information:
The National Recreation and Park Association and the North Carolina Recreation and Park
Association recommend that local leaders of cities and county governments recognize the benefit
and value of their parks and recreation departments and the services, amenities, and programs they
provide to their citizens. It is important to recognize how parks and recreation departments and their
staff provide year-round services that have immense positive benefits to their community through
health and wellness, both cognitively and physically, land and resource conservation/preservation,
community resilience, economic development, crime reduction, and critical programs that are
important to adult and childhood development.
Recommended Action:
Adopt a resolution designating the Month of July as Park and Recreation Month in Person County.
Submitted By: John Hill, Director of Person County Recreation, Arts, and Parks Department
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Resolution Designating the Month of July
As Park and Recreation Month in Person County
WHEREAS, parks and recreation is an integral part of communities throughout this country, including the
state of North Carolina; and
WHEREAS, parks and recreation promotes health and wellness, improving the physical and mental
health of people who live near parks; and
WHEREAS, parks and recreation promotes time spent in nature, which positively impacts mental health
by increasing cognitive performance and well‐being, and alleviating illnesses such as depression,
attention deficit disorders, and Alzheimer’s; and
WHEREAS, parks and recreation encourages physical activities by providing space for popular sports,
hiking trails, swimming pools and many other activities designed to promote active lifestyles; and
WHEREAS, park and recreation programming and education activities, such as out‐of‐school time
programming, youth sports and environmental education, are critical to childhood development; and
WHEREAS, parks and recreation increases a community’s economic prosperity through increased
property values, expansion of the local tax base, increased tourism, the attraction and retention of
businesses, and crime reduction; and
WHEREAS, parks and recreation is fundamental to the environmental well‐being of our state; and
WHEREAS, parks and recreation is essential and adaptable infrastructure that makes our communities
resilient in the face of natural disasters; and
WHEREAS, our parks and natural recreation areas ensure the ecological beauty of our state and provide
a place for children and adults to connect with nature and recreate outdoors; and
WHEREAS, local parks in our state generated over $6 billion dollars in economic activity and provided
over 37,000 jobs ranking NC as 1Oth in the nation; and
WHEREAS, the U.S. House of Representatives has designated July as Parks and Recreation Month; and
WHEREAS, the State of North Carolina recognizes the benefits derived from parks and recreation
resources.
NOW THEREFORE, BE IT RESOLVED that the Person County Board of Commissioners hereby designates
the month of July as Park and Recreation Month in Person County and encourages all citizens to
celebrate by participating in their choice of pleasurable activities.
Adopted, this, the 20th day of June 2022.
____________________________________
Gordon Powell, Chairman
Person County Board of Commissioners
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AGENDA ABSTRACT
Meeting Date: June 20, 2022
Agenda Title: Request Acceptance of Funding from Golden LEAF SITE Program and Authorize
Chair and Staff to Carry Out the Requirements of the Agreement
Summary of Information: At the March 7, 2022, meeting of the Board of Commissioners,
Chairman and Staff were authorized to apply for funding from the Golden LEAF (GLF) SITE
Program to seek funding for clearing and grading of the county-owned North Park site.
At the June 2, 2022, meeting of the GLF Board of Directors, Person County was awarded $973,750
in approval of the application.
In order to receive funding and be authorized to move forward with the project, Person County must
execute a “Grantee Acknowledgement and Agreement” document for GLF as well as to authorize
Chairman and Staff to take the necessary action to fulfill the terms of the agreement, such as carry
out a competitive bid process, as needed.
The grant revenue and expenditures will be managed and accounted for in the Economic Catalyst
Fund.
Recommended Action: Authorize the Chairman and Staff to execute the “Grantee
Acknowledgment and Agreement” and to perform the necessary tasks to comply with the agreement
and carry out the approved project parameters and to approve the grant revenue and expenditure
budget of $973,750 to be recognized in the Economic Catalyst Fund.
Submitted By: Sherry Wilborn, ED Director
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The Golden LEAF Foundation (“Golden LEAF”)
GRANTEE ACKNOWLEDGMENT AND AGREEMENT
1.Grantee:County of Person
2.Project File Number & Title:FY2022-116 / Person County North Park Site
3.Purpose of Grant: This award will allow Person County to complete due diligence on and clear
and grade a 26-acre parcel in the county-owned North Park Site. The county expects that the project will attract
a private developer or industry that will create 148 new, full-time jobs with average annual salary of $50,000
and $35,000,000 in private, capital investment.
4.Amount of Grant:$973,750.00
5.Award Date:6/2/2022 Start Date:
6.Special Terms and Conditions Applicable to Grant:
a)The term of the grant is 12 months, commencing on the Award Date unless the Grantee proposes a
later Start Date that is accepted by Golden LEAF. Golden LEAF may extend the term of the Grant.
All project-related expenses must be incurred during the term of the grant. The provisions of this
Grantee Acknowledgment and Agreement that by their nature extend beyond the term of the grant
will survive the end of the term of the grant.
b)Golden LEAF funding may be used for title opinion; historical, archaeological, and cultural
resources review; threatened and endangered species report; and, clearing and grading and related
costs.
c)Release of funds for clearing and grading and related costs is contingent on Golden LEAF approval
of completed assessments.
7.Standard conditions on the release of grant funds:
a)Release of grant funds is contingent on Grantee attending a Golden LEAF grant management
workshop or participating in satisfactory discussions with Golden LEAF staff to gain training in the
management of Golden LEAF grants and reporting requirements.
b)Release of funds is contingent on Grantee returning a fully executed original of this Grantee
Acknowledgment and Agreement no later than forty-five (45) days after the Award Date, unless
Golden LEAF agrees to extend the deadline for its submission.
c)Release of funds is contingent on Grantee submitting a project management plan (“PMP”) that
Golden LEAF has approved. The PMP must be submitted for approval within forty-five (45) days
of the Award Date, unless Golden LEAF agrees to extend the deadline. Unless otherwise approved,
the PMP must be submitted on Golden LEAF form(s). The PMP will include key activities that are
critical to successful implementation of the grant and outcomes that will be used to assess the
success and effectiveness of the project.
d)Release of funds is contingent on the Grantee submitting a project budget for approval by Golden
LEAF. The project budget must be submitted for approval within forty-five (45) days of the Award
Date unless Golden LEAF agrees to extend the deadline. Unless otherwise approved, the project
budget must be submitted on Golden LEAF form(s).
e)If the approved project budget includes funds from other sources that are required for project
implementation, Golden LEAF grant funds will not be released until Grantee demonstrates that it
has secured those funds.
f)Golden LEAF grant funds may not be used for acquisition of interests in real property or for costs of
grant administration.
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g) If the Grantee fails to comply with its obligations under this Agreement, no further grant funds will
be released unless such noncompliance is resolved to the satisfaction of Golden LEAF.
8. Confirmation of Eligibility/Permissible use of Funds: The Grantee confirms: (1) that the Internal Revenue
Service has determined that the Grantee is an organization described in Section 501(c) (3) of the Internal
Revenue Code of 1986, as amended, and that such determination has not been revoked, or (2) that the Grantee is
a federal, state or local governmental unit. Grantee agrees to notify Golden LEAF promptly if the Grantee’s tax-
exempt status is revoked or modified in any way. The Grantee agrees that it will use the funds from this grant
only for charitable, educational, or scientific purposes within the meaning of Section 501(c)(3) of the Code, and
that it will not use the funds from this grant in any way that would result in or give rise to private inurement or
impermissible private benefit. The Grantee agrees that no funds from this grant will be used to carry on
propaganda or otherwise to attempt to influence legislation, to influence the outcome of any public election, or
to carry on directly or indirectly any voter registration drive. If grant funds are used to pay for sales tax for
which the Grantee receives a refund, Grantee will use the refund for expenses that are consistent with the
purpose of the grant and permissible under this Agreement. Unless otherwise agreed by Golden LEAF in
writing, no portion of the Grantee’s rights or obligations under this Agreement may be transferred or assigned to
any other entity.
9. Compliance with laws/liens: The Grantee is in material compliance with all federal, state, county, and local
laws, regulations, and orders that are applicable to the Grantee, and the Grantee has timely filed with the proper
governmental authorities all statements and reports required by the laws, regulations, and orders to which the
Grantee is subject. There is no litigation, claim, action, suit, proceeding or governmental investigation pending
against the Grantee, and there is no pending or (to the Grantee’s knowledge) threatened litigation, claim, action,
suit, proceeding or governmental investigation against the Grantee that could reasonably be expected to have a
material adverse effect upon the Grantee’s ability to carry out this grant in accordance with its terms. The
Grantee has timely paid all judgments, claims, and federal, state, and local taxes payable by the Grantee the non-
payment of which might result in a lien on any of the Grantee’s assets or might otherwise adversely affect the
Grantee’s ability to carry out this grant in accordance with its terms.
10. Conflict of interest: In connection with the project funded by Golden LEAF, no employee, officer, director,
volunteer, or agent of the Grantee shall engage in any activity that involves a conflict of interest or that would
appear to a reasonable person to involve a conflict of interest. Without limiting the foregoing principle, except
as described below, in connection with implementation of the project funded by Golden LEAF, Grantee shall
not procure goods or services from any Interested Person or from any individual or entity with which any
Interested Person has a financial interest or from any family member of an Interested Person, nor shall Grantee
use Golden LEAF grant funds to provide goods, services, or compensation (other than customary and reasonable
wages and benefits) to any Interested Person or to any family member of an Interested Person. “Interested
Person” includes officers and directors of the Grantee, and employees of the Grantee with authority to procure
goods or services for the Grantee related to the project funded by Golden LEAF. For purposes of this section,
family members shall include: (1) spouse, (2) ancestor, (3) brother, (4) half-brother, (5) sister, (6) half-sister, (7)
child (whether by birth or by adoption), (8) grandchild, (9) great grandchild, or (10) spouse of brother, half-
brother, sister, half-sister, child, grandchild, or great grandchild. An Interested Person has a financial interest if
the Interested Person has, directly or indirectly, through business, investment, or family: a) an ownership or
investment interest in any entity with which the Grantee has a transaction or arrangement; b) a compensation
arrangement with the Grantee or with any entity or individual with which the Grantee has a transaction or
arrangement; or c) a potential ownership or investment interest in, or compensation arrangement with, any entity
or individual with which the Grantee is negotiating a transaction or arrangement. Compensation includes direct
and indirect remuneration as well as gifts or favors that are not insubstantial. An Interested Person must inform
the Grantee of his or her financial interest upon becoming aware that the Grantee is considering procuring goods
or services from any individual or entity with which any Interested Person has a financial interest. The foregoing
notwithstanding, if after exercising due diligence, the governing board or committee of the Grantee determines
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that the Grantee is not reasonably able to secure a more advantageous transaction or arrangement from an
individual or entity with which an Interested Person does not have a financial interest, the governing board or
committee shall determine by a majority vote of the disinterested directors whether the transaction or
arrangement is in the Grantee’s best interest, for its own benefit, and whether it is fair and reasonable. In
conformity with the above determination the Grantee shall make its decision as to whether to enter into the
transaction or arrangement and shall keep written records of the meeting at which that decision was made. The
Grantee shall inform all Interested Persons of the requirements set forth in this section. If the requirements set
forth in this section conflict with any statute or regulation applicable to the Grantee, the statute or regulation
shall control. If the Grantee has a conflict of interest or similar policy that provides more stringent restrictions
and protections than those in this section, the Grantee may comply with its policy rather than the policy
contained herein. This section does not alter the requirement that Grantee may not use the funds from this grant
in any way that would result in or give rise to private inurement or impermissible private benefit.
11. Procurement: All goods or services acquired using Golden LEAF grant funds must be reasonably necessary to
implement the project funded. All procurement transactions involving the use of Golden LEAF grant funds will
be conducted to provide, to the extent possible and reasonable, free and open competition among suppliers. The
Grantee should use reasonable efforts to procure goods and services from local businesses, small businesses,
minority-owned firms, and women’s business enterprises. The Grantee will seek competitive offers where
possible and reasonable to obtain the best possible quality at the best possible price. Some form of cost or price
analysis shall be made and documented in connection with every individual procurement in excess of $1,000.00.
Price analysis may be accomplished in various ways, including the comparison of price quotations or market
prices, including discounts. For any single procurement of $100,000.00 or more, Grantee will use a competitive
bid process that is designed to attract a reasonable number of responsive bidders. The requirements of the bid
process may vary depending on the value of the procurement. When evaluating bids received, the Grantee is not
required to take the lowest price if other factors are reasonably important to the Grantee; however, the bases for
evaluation and selection should be listed in the procurement documents and there should be an objective method
for the decision made by the Grantee. The decision should be documented in writing. If the Grantee is subject to
statutory or regulatory procurement requirements, those requirements supersede this section. The Grantee may
request that the President of Golden LEAF approve the Grantee’s use of a procurement policy that varies from
the requirements of this section.
12. Project and budget modification: The Grantee will immediately notify Golden LEAF of anything that may
materially affect the Grantee’s ability to perform the project funded. If the Grantee proposes to modify the
budget, the objectives, or any other feature of the project funded, the Grantee shall not encumber or
expend any funds from this grant for such purposes unless and until Golden LEAF has approved such
proposed modifications in writing. Moreover, no further payments shall be made to the Grantee in connection
with the project funded unless and until Golden LEAF has approved such proposed modifications in writing.
13. Use of grant funds/rescission and termination of grants: The Grantee accepts and will retain full control of the
disposition of funds awarded to the Grantee by Golden LEAF under this grant and accepts and will retain full
responsibility for compliance with the terms and conditions of the grant. Grant funds shall be utilized
exclusively for the purposes set forth above. If the Grantee breaches any of the covenants or agreements
contained in this Grantee Acknowledgment and Agreement, uses grant funds for purposes other than those set
out above, or any of the representations and warranties made by the Grantee are untrue as to a material fact, the
Grantee agrees to repay to Golden LEAF the full amount of this grant. Any condition, purpose, term or
provision in Golden LEAF’s resolution approving funding or in this Agreement shall take precedence over any
conflicting provision in the Grantee’s application. Grantee shall not use grant funds for any purpose not
included in the Grantee’s application for funding unless specifically approved by Golden LEAF. If there is a
conflict between the purpose of the grant and use of grant funds described in this Grantee Acknowledgment and
Agreement and the Grantee’s application for funding, this Grantee Acknowledgment and Agreement will
control.
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14. The Grantee acknowledges receipt of the following policy regarding termination and rescission of grants, which
is intended to supplement but not replace or limit the rights and remedies of Golden LEAF set forth elsewhere in
this Agreement. The Grantee acknowledges that Golden LEAF may, from time to time, amend its policy
regarding termination and rescission of grants, and the Grantee acknowledges that the Grantee will be subject to
the policy as amended.
Policy Regarding Rescission and Termination of Grants. Rescission of a grant revokes the grant award.
When funds have been disbursed to a Grantee by Golden LEAF and a grant is rescinded, the Grantee may be
liable for repayment to Golden LEAF for an amount up to the total of grant funds received by the Grantee, in
addition to any other remedy available to Golden LEAF. Termination of a grant ends the grant on a going-
forward basis, and the Grantee is responsible for repayment to Golden LEAF of only that portion of the grant
funds that has been disbursed but not expended by the Grantee in accordance with the terms of the grant.
A grant may be rescinded or terminated at any time in the discretion of Golden LEAF for the Grantee’s failure
to comply with its obligations under this Agreement or if any of the Grantee’s representations and warranties in
this Agreement are or become untrue as to a material fact. Reasons for rescission or termination of a grant
include but are not limited to the following:
a. The Grantee has not signed and delivered to Golden LEAF the Grantee Acknowledgment and
Agreement within forty-five (45) days of the Award Date set out in Section 5, above.
b. The Grantee has failed to complete the project within the grant term established by this Agreement or
any extensions thereof.
c. The Grantee’s tax-exempt status has been modified or revoked.
d. The Grantee is unable, or has failed or refused, to comply with a material term or condition of the grant.
e. The Grantee has experienced a change in circumstances that is likely to have a material adverse effect
upon the Grantee’s ability to accomplish fully the purposes of the grant (e.g., loss of collateral funding,
loss of key personnel, etc.).
f. The Grantee has failed or refused to submit a report, statement, accounting or return required by this
Agreement or applicable law.
g. The Grantee has materially modified its budget for the project, and such material modification has not
been approved by Golden LEAF.
h. The Grantee commits a material violation of the Internal Revenue Code or uses grant funds for some
purpose not permitted by the Internal Revenue Code or for some purpose not contemplated by the grant.
i. The Grantee breaches any of the covenants or agreements contained in this Grantee Acknowledgment
and Agreement.
j. The Grantee requests that the grant be rescinded or terminated.
It is anticipated that a grant will be rescinded in situations in which no grant funds have been disbursed. Where
grant funds have been disbursed, it is anticipated that a grant will be rescinded in the case of more serious
violations (including, without limitation, use of grant funds for some purpose not contemplated by the grant or
in violation of the Internal Revenue Code, or upon other affirmative misconduct of the Grantee), and that
termination of a grant will occur in the case of the less serious instances of non-compliance or where the
circumstance giving rise to termination is not the result of misconduct of the Grantee.
If the Board of Directors of Golden LEAF determines that a grant should be rescinded or terminated, Golden
LEAF will notify the Grantee of that decision. Golden LEAF may choose to notify the Grantee that the grant is
subject to rescission or termination unless the Grantee remedies the noncompliance, and Golden LEAF may
establish deadlines or other limitations on the Grantee’s opportunity to remedy the noncompliance. If Golden
LEAF allows the Grantee the opportunity to correct the noncompliance, no further grant funds shall be advanced
until the noncompliance is remedied.
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15. Release of Funds: Unless otherwise agreed by Golden LEAF, up to twenty percent (20%) of funds may be
released in advance after all conditions on the release of funds are satisfied. Funds may be released in additional
advances of up to twenty percent (20%) of the grant amount upon receipt of evidence satisfactory to Golden
LEAF that funds previously released have been properly expended and accounted for. Funds may also be
released on a reimbursement basis, in which case payments may be made in an amount equal to or up to eighty
percent (80%) of the grant amount upon receipt of evidence satisfactory to Golden LEAF that funds have been
properly expended and accounted for. Unless otherwise approved by the President of Golden LEAF, a sum
equal to twenty percent (20%) of the total amount of the grant will be retained by Golden LEAF until the
Grantee completes its obligations under this grant, including submission of a satisfactory final report on the
project funded. This final twenty percent (20%) retained by Golden LEAF shall be paid to the Grantee on a
reimbursement basis. If the grant is conditional or contingent, all conditions and contingencies must be met
before any payment will be made. Each request for payment shall be in writing using the approved Golden
LEAF form and shall certify that the Grantee has performed in accordance with the terms and provisions of its
Grantee Acknowledgment and Agreement, and that such Grantee is entitled under the terms of such Agreement
to receive the amount so requested. Each request should be made to President, The Golden LEAF Foundation,
301 N. Winstead Avenue, Rocky Mount, NC 27804. Payment should not be requested until the Grantee has
need for actual expenditures of the funds. The Grantee should request payment at least thirty (30) days prior to
its desired payment date.
16. Reporting: The Grantee agrees to submit a progress report to Golden LEAF biannually, to be received by
Golden LEAF six months from the date of award and every six months thereafter unless some other schedule is
approved by Golden LEAF. The Grantee agrees to submit a final Progress Report for receipt by Golden LEAF
within sixty (60) days after the completion of all obligations for the project funded or the end date, whichever
comes first. The Grantee may be required to report results and accomplishments to Golden LEAF for a period
beyond the grant term that is reasonably necessary to evaluate the outcomes of the grant. Report forms may be
found on Golden LEAF’s website, www.goldenleaf.org. The Grantee will furnish additional or further reports if
requested by Golden LEAF on forms prescribed by Golden LEAF.
17. Records: The Grantee agrees to maintain full, accurate and verifiable financial records, supporting documents,
and all other pertinent data for the project funded in such a manner so as to identify and document clearly the
activities and outcomes of the project funded and the expenditure of Golden LEAF grant funds. Financial
records regarding Golden LEAF’s grant shall maintained in such a way that they can be reported separately
from monetary contributions, or other revenue sources of the Grantee. The Grantee agrees to retain all financial
and programmatic records, supporting documents, and all other pertinent records related to the project funded
for a period of five (5) years from the end of the grant term. In the event such records are audited, all project
records shall be retained beyond such five-year period until all audit findings have been resolved. The Grantee
shall provide to Golden LEAF copies of all financial and other records requested by Golden LEAF and shall
make available to Golden LEAF, or Golden LEAF’s designated representative, all of the Grantee’s records that
relate to the grant, and shall allow Golden LEAF or Golden LEAF’s representative to audit, examine and copy
any data, documents, proceedings, records and notes of activity relating to the grant. Access to these records
shall be allowed upon request at any time during normal business hours and as often as Golden LEAF or its
representative may deem necessary. The Grantee may be subject to audit by the State Auditor.
18. This Section 18 is applicable if the following blank is marked: _____ Staff Initials & date:
Intellectual property/new developments: In consideration of its receipt of funds granted by Golden LEAF, the
Grantee agrees that during the course of the project funded by the grant, the Grantee, and any recipient of grant
funds, will promptly disclose to Golden LEAF any improvements, inventions, developments, discoveries,
innovations, systems, techniques, ideas, processes, programs, and other things, whether patentable or
unpatentable, that result from any work performed by or for the Grantee in connection with the project funded,
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or by individuals whose work is funded by the grant (the “New Developments”). If the Grantee provides to
Golden LEAF a copy of any Invention Disclosure Reports it receives from Grantee employees that report
making inventions under this Agreement, then the Grantee will be deemed to have satisfied the disclosure
requirement in the preceding sentence.
The Grantee agrees that it, and any recipient of grant funds, shall take all reasonably appropriate actions to
assure that the New Developments shall be and remain the sole and exclusive property of the Grantee. In the
event that the interests of the public would be served by commercialization of the New Developments, the
Grantee agrees to use its best reasonable efforts to pursue the commercialization of any such New Developments
in a manner that will serve the interests of the public, including but not limited to the transfer, assignment or
licensing of such New Developments; provided, however, that the Grantee, and any recipient of grant funds,
shall not transfer, assign or license such New Developments in part or in whole without first having obtained the
written consent of Golden LEAF.
Any revenue generated as a result of transferring, assigning, or licensing New Developments will be managed
by the Grantee in accordance with its published patent, copyright and technology transfer procedures, if any, and
in the absence of such procedures such revenue will be managed by the Grantee in accordance with procedures
approved by Golden LEAF. Such procedures typically will prioritize the distribution of revenues to ensure that
the Grantee first honors its obligation to its inventors and then to cover its own out-of-pocket expenses as
necessary to protect its intellectual property.
The Grantee and Golden LEAF further agree that should there be any revenue generated greater than that
necessary to meet the obligations of the preceding paragraph (“Net Revenue”), the Net Revenue shall be
managed by the Grantee as follows:
a) 15% of the Net Revenue will be retained by the Grantee as a fee for the management and distribution of
funds as required under this Agreement.
b) 30% of the remaining Net Revenue will be paid to Golden LEAF.
c) 70% of the remaining Net Revenue will be retained by the Grantee and used in accordance with the
procedures referenced in the preceding paragraph above.
The Grantee's obligations pursuant to this Section will continue beyond the expiration of the funding period.
19. Independent entity: The Grantee acknowledges and agrees that the Grantee is an entity independent from
Golden LEAF, is not an agent of Golden LEAF, and is not authorized to bind Golden LEAF to any agreement of
payment for goods or services. The Grantee is responsible for payment of all its expenses, including rent, office
expenses and all forms of compensation to employees. It shall provide workers compensation insurance to the
extent required for its operations and shall accept full responsibility for payments of unemployment
compensation, social security, income taxes and any other charges, taxes or payroll deductions required by law
in connection with its operations, for itself and its employees. All expenses incurred by the Grantee are the sole
responsibility of the Grantee, and Golden LEAF shall not be liable for the payment of any obligations incurred
in the performance of the project funded.
20. Non-discrimination: The Grantee shall not discriminate by reason of age, race, ethnicity, religion, color, sex,
national origin, or handicap related to the activities of a project funded by Golden LEAF.
21. Publicity: All publicity and printed materials regarding projects or activities supported in whole or in part by this
grant should contain the following language: “This project received support from The Golden LEAF
Foundation.” The Golden LEAF logo is to be displayed in all of the Grantee’s publicity and printed materials
relating to this grant. Please contact Jenny Tinklepaugh (jtinklepaugh@goldenleaf.org) for digital versions of the
logo.
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22. Authority to execute/Necessary Approvals Obtained: The individual signing below certifies his or her authority
to execute this Agreement on behalf of the Grantee and that the Grantee has received any third-party approval
that may be required prior to entering this Agreement. By executing this Agreement, the Grantee, to induce
Golden LEAF to make this grant, makes each of the representations set forth hereinabove and certifies that each
of such representations is true, accurate and complete as of the date hereof.
IN WITNESS WHEREOF, the Grantee has executed this Agreement as of the date below:
Name of Grantee Organization (print): ____________________________
Signature: __________________________________________________
Name of Person Signing (print): ________________________________
Title of Person Signing (print): __________________________________
Date: ______________________________________________________
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A RESOLUTION AMENDING THE
PERSON COUNTY ECONOMIC DEVELOPMENT COMMISSION
FOR A CHANGE IN MEMBERSHIP
Whereas NC GS Chapter 58 authorizes counties to create county economic development
commissions and to periodically make changes to such commissions; and
Whereas the Person County Board of Commissioners created the Person County Economic
Development Commission at its meeting on February 16, 1981; and
Whereas that 1981 Resolution authorized the Board of County Commissioners to change
the membership on the Economic Development Commission for any reason; and
Whereas the Board of County Commissioners changed the membership by action at its
meeting on August 20, 2012; and
Whereas the Board of County Commissioners at its meeting on May 19, 2014 took action to
further amend the resolution to change the membership and responsibilities of the board; and
Whereas the Board of County Commissioners at its meeting on June 2, 2014 took action
to formalize and ratify the action at its May 19, 2014 meeting; and
Whereas the Board of Commissioners at its meeting on May 18, 2015 took action to establish an
ex-officio seat for a Farmland Preservation Plan stakeholder non-voting representative; and
Whereas, the Board of County Commissioners at its meeting on January 4, 2016 took action to
amend the resolution to change the composition of the title as it relates to an ex-officio, non-
voting representative of Piedmont Community College; and
Whereas, the Board of County Commissioners at its meeting on January 23, 2017 amended the
resolution to change the appointee of the Board of Commissioners to authorize an alternate to the
Chair of the Board of County Commissioners; and
Whereas, the Board of County Commissioners at its meeting on May 15, 2017 desired to further
amend the resolution to change the appointees of the Board of Commissioners in Section 2. A
below with a July 1, 2017 effective date; and
Whereas, the Board of Commissioners at its meeting on July 10, 2017 further amended the
resolution to add an ex-officio for a City of Roxboro representative as well as an ex-officio
representative for Piedmont Community College; and
Whereas, the Board of Commissioners at its meeting on September 11, 2017 desired to amend
its resolution to remove the amendment requiring the Secretary/Treasurer to report to the
Director of the Commission; and
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Whereas, the Board of County Commissioners at its meeting on February 26, 2018 desired to
further amend the resolution to change the appointees of the Board of Commissioners in Section
2. B below to grant voting privileges to the Mayor of Roxboro, or alternate elected official of the
City of Roxboro, thereby increasing the membership; and
Whereas, the Board of Commissioners at its meeting on August 6, 2018 desired to amend its
resolution to add an ex-officio for a Representative of Person County Schools, as designated by
the Superintendent for himself, a member of the Board of Education, or an employee of Person
County Schools; and
Whereas, the Board of Commissioners at its meeting on January 7, 2019 amended its resolution
to add one Member at Large to be designated for a minority representation in Section 2-C, as
well as to add David Newell, Sr., as a non-board member, ex-officio without voting rights for
one year from appointment; and
Whereas, the Board of Commissioners at its meeting on June 20, 2022 desires to further amend
the resolution to implement staggered terms among its Members-at-Large and a provision for
reappointment as outlined in Section 2, Membership, Terms of Office, Etc.
Now therefore be it resolved that:
1- The 1981 resolution creating the Person County Economic Development
Commission as amended is further amended as follows:
(a) Existing Section 2 is repealed and the following section 2 is
inserted therefore:
Section 2, MEMBERSHIP, TERMS OF OFFICE, ETC.
“The commission shall consist of nine (9) members. The members shall be
appointed for (5) year terms except for those members appointed by virtue of their
respective offices, which such members shall serve for the period which they
occupy those offices. The membership of the Board shall be as follows with the
members serving the terms indicated by the number indicated after their names:
A. Elected Chair or alternate of the Person County Board of Commissioners
serving ex-officio with full right to vote (term of office), provided
however, if not present, the county manager is authorized to vote.
B. Elected Mayor or alternate elected official of the Roxboro City Council
serving ex-officio with full right to vote (term of office), and
C. Six (6) Members-at-Large appointed by the Board of County
Commissioners, each for a concurrent five (5) year term with three (3)
members appointed for a 4-year term, and three (3) members appointed for
a 5-year term; and
One (1) Member-at-Large appointed by the Board of Commissioners for a
minority representation with the same concurrent for a 4-year term as the
Members at Large above.
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D. Reappointments by the Board of County Commissioners will be for a 5-
year term.
Any member of the Economic Development Commission may be removed at any time with or
without cause by a majority vote of the appointment authority.
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The following persons shall be permitted to participate fully in the activities of the board as non-
board members but shall have no right to vote on any matter except as authorized in Section 2A
above as to the County Manager:
1- Person County Manager serving ex-officio
2- Roxboro City Manager serving ex-officio
3- Representative of Agricultural/Farm Community serving a (5) year ex-officio term
4- Representative of Piedmont Community College
5- Representative of Person County Schools, as designated by the Superintendent for
himself, a member of the Board of Education, or an employee of Person County Schools
6- David Newell, Sr. serving ex-officio for one year expiring January 7, 2020.
Adopted, this, the 20th day of June 2022.
__________________________________
Gordon Powell, Chairman
Person County Board of Commissioners
Attest:
__________________________________
Brenda B. Reaves, NCMCC, MMC
Clerk of Board
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AGENDA ABSTRACT
Meeting Date: June 20, 2022
Agenda Title: Update on County’s Advocacy Efforts Related to Duke’s Carbon Plan
Summary of Information: On October 13, 2021, Governor Cooper signed into law House
Bill 951, “Energy Solutions for North Carolina” (S.L. 2021-165). House Bill 951 directs the
North Carolina Utilities Commission to take all reasonable steps to achieve a 70% reduction in
the emissions of carbon dioxide from Duke’s electric generating facilities in North Carolina by
2030, and “net-zero” by 2050. The Commission is directed to develop a plan by December 31,
2022, to achieve the carbon dioxide reduction goals.
On May 16, 2022, Duke Energy filed its proposed “Carbon Plan” with the Utilities Commission.
The Carbon Plan sets out various proposed portfolios that Duke believes will achieve the carbon
reduction goals of House Bill 951. All of the proposed portfolios call for the closure of the Mayo
plant in 2029. The closure of the Roxboro plant varies by portfolio, with the closure date
proposed for 2029, 2032, or 2034.
Recognizing the significance of the Mayo and Roxboro generating stations to the Person County
Community, the Board of Commissioners authorized the engagement of outside legal counsel
and consulting services to represent the County at the North Carolina Utilities Commission in the
Carbon Plan proceeding. Mr. Buffkin of the Buffkin Law Office will be present to provide an
update on the status of the case and an overview of the County’s advocacy efforts.
Recommended Action: Receive Update from Patrick Buffkin of Buffkin Law Firm
Submitted By: Ellis Hankins, Brough Law Firm, Person County Attorney
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UPDATE ON COUNTY’S ADVOCACY EFFORTS RELATED TO DUKE’S CARBON PLANPATRICK BUFFKINBUFFKIN LAW OFFICEJUNE 20,2022221
BACKGROUND•House Bill 951 “Energy Solutions for North Carolina”•Requires NCUC to develop a plan for a 70% reduction in CO2 emissions from Duke’s NC power plants by 2030, and zero CO2 by 2050 (“carbon neutrality”).•Stakeholder engagement has been ongoing•Duke filed its proposed plan on May 16, 2022•NCUC has set a schedule for filing comments, public hearings, and potentially an expert witness hearing•Person County granted intervention as a party on May 26, 2022222
PERSON COUNTY GENERATING PLANTS•Mayo Plant•727 MW coal-fired plant•Began operation in 1983•Proposed closure: 2029•Roxboro Plant•2,422 MW coal-fired plant•Began operation in 1966•Proposed closure: ‘29, ‘32, or ‘34 223
IMPACTS TO PERSON COUNTY & DUKE ENERGY•Mayo and Roxboro represent significant investments, tax value, employment, and ancillary economic development.•What does the closure of Mayo and Roxboro Plants mean for Person County?•Mayo and Roxboro are key generation assets for Duke Energy, producing reliable and economical power for its customers.•What does the closure of Mayo and Roxboro mean for Duke Energy and its customers?224
POWER SUPPLY PORTFOLIO•Near 100% Reliability•Plan for Peak Demand•“Least Cost”•Power Quality•Dispatchability•Demand Reduction•Demand Shifting•Distributed Generation225
POWER SUPPLY PLANNING: ADEQUACY, RELIABILITY, AND AFFORDABILITYDuke’s Portfolio Options Contain Different Mixes of Power Supply that Change over Time226
WHAT IF THERE ISN’T ENOUGH POWER?227
ROLE OF THE WHOLESALE GAS MARKETS228
OPPORTUNITIES FOR PERSON COUNTY AND DUKE ENERGY•How does Duke maintain adequacy, reliability, and affordability?•Will replacement generation be located in Person County?•Land and major transmission assets available•Trained, skilled workforce at the ready•Ancillary service providers established•What kind of generation assets replace Mayo and Roxboro?•Fuel source?•Size?•Tax base and employment?•Are there ways to mitigate impacts from closing Mayo and Roxboro?•Job retraining? Employee retention? Community development support?229
THE PATH FORWARD•NCUC will hold public hearings:•July 11 in Durham•NCUC will receive comments from parties on July 15•NCUC decides what issues need expert testimony and schedules a hearing for expert witness testimony (September 19)•Parties file briefs•December 31 deadline for NCUC decision…appeals? Legislative response? Two-year review cycle?230
THANK YOUPatrick BuffkinBuffkin Law OfficeRaleigh, NC 231