09-19-2022 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
September19, 2022
9:00am
This meeting will convene in the County Office Building Auditorium.
CALL TO ORDER………………………………………………….. Chairman Powell
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
RECOGNITION:
ITEM #1 (pg. 3)
Resolution of Appreciation ………………………………………….. Chairman Powell
County Retiree, Douglas Harrison
PUBLIC HEARING:
ITEM #2 (pgs. 4-5)
Request to add Hidden Creek Ln, a private roadway, to the database
of roadway names used for E-911 dispatching
(Continued from September 6, 2022) ………………………………… Sallie Vaughn
ITEM #3
Consideration to Grant or Deny Request to add Hidden Creek Ln
to the database of roadway names used for E-911 dispatching …... Chairman Powell
1
INFORMAL COMMENTS
The Person County Board of Commissioners established a 10-minute segment
which is open for informal comments and/or questions from citizens of this
county on issues, other than those issues for which a public hearing has been
scheduled. The time will be divided equally among those wishing to comment.
It is requested that any person who wishes to address the Board, register with
the Clerk to the Board prior to the meeting.
ITEM #4
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.Approval of Minutes of August 30, 2022 (pgs. 6-7),B.Approval of Minutes of August 31, 2022 (pgs. 8-9),C.Budget Amendment #6 (pgs. 10-12),D.Request to Authorize Interim County Manager to Sign Project Development
Grant Agreement with Duke Energy Progress, LLC in the amount of
$12,000 (pgs. 13-19), andE.NC Education Lottery Applications for Public School Building Capital Fund
Projects:a.North End Parking and Queue to add funds $738,802 to an already
approved project to create a new queue on the school side of the road
and improve the overall safety of the school (pg. 20), andb.Person High School renovations for planning and design fees $300,000
for multiple safety and ADA projects including bathroom renovations,
safety vestibule, elevator, entry canopy and ADA walkways (pg. 21.)
NEW BUSINESS:
ITEM #5
Discussion of the County’s Appointment of Citizens to Boards,
Committees, Commissions & Authorities …………………….. Commissioner Gentry
ITEM #6 (pgs. 22-24)
Request to Allocate Funds for Replacement Pre-Owned
Ambulance …………………………………………………….. Thomas Schwalenberg
ITEM #7 (pg. 25)
Addition of Grounds Maintenance Worker (1.0 FTE) ………………. Sonya Carver
& Ray Foushee
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
2
RESOLUTION OF APPRECIATION
WHEREAS, Douglas Harrison has served the people of Person
County during his tenure working for the Person County
Sheriff’s Office as a Deputy Unit Supervisor; and
WHEREAS, Douglas Harrison has served the citizens of Person
County with honor, integrity, sincerity and dedication,
providing accurate, concise services for over twenty-eight
years, January 1994 – June 2022; and with his sick time, he
will retire with 30 years of service with the NC Retirement
System; and
WHEREAS, Douglas Harrison has earned the respect and admiration
of all who have known him and worked with him throughout
his career; and
WHEREAS, the County of Person recognizes the many contributions
Douglas Harrison has made to the County and offers him
sincere best wishes for his retirement.
NOW, THEREFORE, I, Gordon Powell, Chairman of the Person County
Board of Commissioners, do hereby extend this Resolution of Appreciation
to Douglas Harrison for continually striving to make Roxboro and Person
County a better place to live and work.
Adopted this the 19th day of September 2022.
____________________________________
Gordon Powell, Chairman
Person County Board of Commissioners
Attest:
____________________________________
Brenda B. Reaves, NCMCC, MMC
Clerk to the Board
3
AGENDA ABSTRACT
Meeting Date: September 19, 2022
Agenda Title: Public Hearing Continued from September 6, 2022
Request to add Hidden Creek Ln, a private roadway, to the database of roadway
names used for E-911 dispatching
Summary Information: One existing residence and two proposed residences use the same
driveway for access, which necessitates the naming of the driveway (see map below).
Background Information: Tax Map and Parcel A98 183 and A98 211 were recently purchased and
the owners are currently in the permitting process to construct new homes. These two parcels and
A98 168 are accessed via shared private easement. In accordance with Article IV, Section 402 H of
the “Ordinance Regulating Addresses and Road Naming in Person County,” any driveway serving
three or more addressable structures
must be named.
North Carolina General Statute 153A-
239.1(A) requires a public hearing be
held on the matter and public notice be
provided at least 10 days prior in the
newspaper. The required public notice
was published in the August 25, 2022
edition of the Roxboro Courier-Times.
A sign advertising the public hearing
was placed at the proposed roadway
location on the same date.
All seven adjacent property owners
were contacted in person or via
certified mail. Of those seven, only one
resident will be affected with address
changes. The required majority was
reached and Hidden Creek Ln was
provided as their road name of choice,
which is compliant with all naming
regulations in the Ordinance.
Ms. Vaughn noted since this abstract was written, one residence has been sold and she has been
unable to communicate with the new owner related to the proposed name of the roadway; because of
this Ms. Vaughn recommended to the Board to consider continuation of this public hearing to the
Board’s September 19, 2022 meeting to allow sufficient time to speak with the new property owners
for input on the proposed roadway name. Ms. Vaughn further noted she was seeking confirmation if
one of the owners were indeed following through to build or not; and if not, there would be no
further need to proceed with the roadway naming.
4
Recommended Action: Approve Hidden Creek Ln, a private roadway, to be added to the database
of roadway names used for E-911 dispatching.
Submitted By: Sallie Vaughn, GIS Director
5
August 30, 2022
1
PERSON COUNTY BOARD OF COMMISSIONERS AUGUST 30, 2022
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Ralph Clark, Interim 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 Tuesday, August 30, 2022 at 12:00noon in the commissioners’
boardroom 215 in the Person County Office Building.
Chairman Powell called the Special Called Meeting to order at 12:01pm. Chairman
Powell, Vice Chairman Sims and Commissioners Puryear and Palmer were present in-
person. Commissioner Gentry was absent until 12:20pm and attended the meeting via
video call.
The purpose of the Special Called Meeting was for Closed Session discussion
related to personnel per General Statutes 143-318.11(a)(6).
CLOSED SESSION #1
A motion was made by Commissioner Puryear and carried 4-0 to enter into Closed
Session at 12:02pm per General Statute 143-318.11(a)(6) for the purpose 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 the following individuals permitted to attend: Interim
County Manager, Ralph Clark, Clerk to the Board, Brenda Reaves, and Renee Narloch via
video call. Commissioner Gentry joined the meeting in Closed Session at 12:20pm via
video call.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 3:32pm.
6
August 30, 2022
2
RECESS:
A motion was made by Vice Chairman Sims and carried 5-0 to recess the meeting
at 3:32pm until Wednesday, August 31, 2022 at 8:00am.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
7
August 31, 2022
1
PERSON COUNTY BOARD OF COMMISSIONERS AUGUST 31, 2022
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Ralph Clark, Interim 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 Wednesday, August 31, 2022 at 8:00am in the commissioners’
boardroom215 in the Person County Office Building.
Chairman Powell called the recessed meeting to order at 8:00am. Chairman
Powell, Vice Chairman Sims and Commissioner Palmer were present in-person.
Commissioner Gentry attended the meeting via video call. Commissioner Puryear was
absent until 8:30am.
CLOSED SESSION #1
A motion was made by Vice Chairman Sims and carried 4-0 to enter into Closed
Session at 8:03am per General Statute 143-318.11(a)(6) for the purpose 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 the following individuals permitted to attend: Interim
County Manager, Ralph Clark, Clerk to the Board, Brenda Reaves, and Renee Narloch via
video call. Commissioner Gentry also participated in the Closed Session #1 via video call.
Commissioner Puryear arrived and joined in the Closed Session at 8:30am.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 12:31pm.
8
August 31, 2022
2
ADJOURNMENT:
A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the
meeting at 12:31pm.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
9
9/19/2022
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 257,048
Public Safety 528,117
Economic and Physical Development 61,668
Environmental Protection 36,225
Transportation 2,956
Cultural & Recreation 84,104
Human Services 806,302
Self-Funded Health Insurance 3,516
REVENUES General Fund
Intergovernmental Revenues 39,034
Fund Balance Appropriated 1,740,902
EXPENDITURES Capital Investment Reserve Fund
School Lottery Expense 1,172,997
School Capital Expense 205,768
PCC Capital Expense 71,156
REVENUES Capital Investment Reserve Fund
School Lottery Proceeds 1,172,997
Fund Balance Appropriated 276,924
EXPENDITURES Fire District Tax Fund 150,057
REVENUES Fire District Tax Fund
Fund Balance Appropriated 150,057
EXPENDITURES Person Industries & MRF Fund
Material Recovery Facility 19,754
REVENUES Person Industries & MRF Fund
Fund Balance Appropriated 19,754
EXPENDITURES Emergency Telephone System Fund 40,000
REVENUES Emergency Telephone System Fund
Fund Balance Appropriated 40,000
Explanation:
BUDGET AMENDMENT #6
Carryforward of purchase orders and commitments outstanding as of June 30, 2022. The amount of fund balance appropriation for
the General Fund ($1,740,902) required for outstanding commitments exceeds what was required in the prior year by $335K. This
is primarily due to an increase over the prior year of ongoing contractual expenditures in the Health and DSS Departments. Also
including the carryforward of remaining grant proceeds for the Library's LSTA Adapts Grant ($7,034) and ARPA funds for the
Airport Department ($32,000). Fund balance for carryforwards in the Special Revenue Fund categories ($486,735) increased by
$198K, reporting a larger number of ongiong capital projects for the schools and community college, and Volunteer Fire
Department grant expenditures. The carryforward budget for incomplete lottery projects at June 30, 2022 ($1,172,997) is also
included.
10
BUDGET DETAIL
Account Number Account Description
$Revenues
incr. (decr.)
(cr.) dr.
$Expenditures
incr. (decr.)
dr. (cr.)
PO Carryforwards:
General Fund:
10090-399991 General Fund-FBA 656,170
10035-338460 ARPA-Airport grant 32,000
100-4121-420000-20- IT-Supplies & Operating Expenses 6,972
100-4121-426400-20- IT-Spec Supp/Serv-Internet 5,500
100-4121-426500-20- IT-Spec Supp/Serv-Network 183
100-4121-430000-20- IT-Contracted Services 13,400
100-4121-435200-20- IT-Maint & Repair/Equipment 30,422
100-4121-446000-20- IT-Cap Out $750 To $4999 4,600
100-4121-455000-20- IT-Cap Out Equip $5000+ 17,000
100-4122-426000-20- HR-County Wellness Promo 2,027
100-4122-431100-20- HR-Travel-Meetings/Conferences 2,600
100-4122-431300-20- HR-Employee Training 2,200
100-4130-419000-20- Finance-Professional Services 25,765
100-4130-431100-20- Finance-Travel-Meetings/Conferences 1,955
100-4140-420000-20- Tax Admin-Supplies & Operating Expenses 1,835
100-4150-419100-20- Legal-Professional Services 1,003
100-4160-420000-20- Courts-Supplies & Operating Expenses 1,174
100-4260-435100-20- General Services-Maint & Repair/Bldg & Grounds 10,200
100-4260-446000-20- General Services-Cap Out $750 To $4999 3,395
100-4310-421200-25- Sheriff-Uniforms 2,235
100-4310-427700-25- Sheriff-Spec Supp & Svcs/Dare Prog 4,225
100-4310-431100-25- Sheriff-Travel-Meetings/Conferences 900
100-4310-431300-25- Sheriff-Employee Training 927
100-4310-454000-25- Sheriff-Cap Out Vehicles 953
100-4320-449500-25- Jail-Payments to Other Govt 1,264
100-4325-435200-25- Telecom-Maint & Repair/Equipment 7,300
100-4330-430000-25- Emg Mgt-Contracted Services 22,301
100-4330-435200-25- Emg Mgt-Maint & Repair/Equipment 3,278
100-4330-435300-25- Emg-Mgt-Maint & Repair/Vehicles 875
100-4370-420000-25- EMS-Supplies & Operating Expenses 38,096
100-4370-423100-25- EMS-Medical Supplies 1,400
100-4370-454000-25- EMS-Cap Out Vehicles 307,710
100-4380-454000-25- Anim Services-Cap Out Vehicles 35,829
100-4530-435100-35- Airport-Maint & Repair/Bldg & Grounds 2,956
100-4920-430000-40- EDC-Contracted Services 52,412
100-4920-431100-40- EDC-Travel-Meetings/Conferences 885
100-4950-425720-40- Coop Ext-FCS Program Expenses 923
100-6120-419000-55- Parks & Rec-Professional Services 11,548
100-6120-420000-55- Parks & Rec-Supplies & Operating Expenses 6,786
100-6120-425000-55- Parks & Rec-Automotive Fuel 1,000
100-6120-431100-55- Parks & Rec-Travel-Meetings/Conferences 2,236
100-6120-435100-55- Parks & Rec-Maint & Repair/Bldg & Grounds 7,660
100-6120-437000-55- Parks & Rec-Advertising 2,000
100-6121-430000-55- Mayo Park-Contracted Services 12,430
100-6121-435100-55- Mayo Park-Maint & Repair/Bldg & Grounds 10,000
100-6122-420000-55- Kirby-Supplies & Operating Expenses 1,500
100-6122-430000-55- Kirby-Contracted Services 7,025
100-6122-435100-55-Kirby-Maint & Repair/Bldg & Grounds 5,000
100-6123-430000-55- Sportsplex-Contracted Services 1,935
100-6123-435100-55- Sportsplex-Maint & Repair/Bldg & Grounds 4,000
100-6123-437000-55- Sportsplex-Advertising 350
10590-399991 Fleet Fund-FBA 1,360
105-4125-426700-20- Fleet Prep/Repair 1,360
11090-399991 IT Tech Fund-FBA 43,491
110-4121-425200-20- IT Tech-Dept Tech Requests 22,280
110-4121-426515-20- IT Tech-Teleworking 825
110-4121-435200-20- IT Tech-Maint & Repair/Equipment 4,000
110-4121-446000-20- IT Tech-Cap Out $750 To $4999 2,980
110-4121-455000-20- IT Tech-Cap Out Equip $5000+ 13,406
17090-399991 Law Enforcement Restricted Fund-FBA 20,366
170-4311-429030-25- LEC Restr-Fed Seiz/Forf-Spec Supp/Serv 20,366
11
20090-399991 Self Funded Health Ins-FBA 3,516
200-4123-430000-00- Self Funded Health Ins-Contracted Services 3,516
23090-399991 PI & MRF Fund-FBA 19,754
230-5281-419000-45- MRF-Professional Services 18,214
230-5281-420000-45- MRF-Supplies & Operating Expenses 1,540
25090-399991 Fire District Tax Fund-FBA 148,814
250-4377-460930-25- OSBM-VFD's Grant-2022 148,814
26090-399991 Emg Teleph Fund-FBA 40,000
260-4325-435200-25- Emg Teleph-Maint & Repair/Equipment 40,000
Other Carryforwards:
10090-399991 General Fund-FBA 278,928
1004110-430000 Gov Body-Co Mgr Recruitment Firm 12,217
1004122-426000 Human Resources-Wellness funds 22,114
1004150-419100 Legal-Duke Carbon Reduction Plan 47,635
1004330-428880 Emergency Management Grant 42,113
1004330-428882 EMPG-ARPA-FY21: completed in FY22 (11,068)
1004310-428220 Sheriff-NCACC Brush Guards Grant 1,500
1004310-428200 Sheriff-NCACC Body Armor Grant 1,500
1004310-428110 Sheriff-Shop w/Sheriff Program 5,115
1004380-420000 Anim Svcs-Donations 1,534
1004950-425720 Coop Ext-FCS Program Expenses 870
1004950-425800 Coop Ext-Farm School 6,578
1004960-449910 Soil & Water-SWC District Grant 22,995
1004960-449920 Soil & Water-SWC District Grant-Equipment 13,230
1005200-462360 Mental Health-Community Projects 108,995
1006120-425600 Parks & Rec-.JCPC Scholarship donation 3,600
12090-399991 Health Fund-FBA 224,324
1205110-430000 Communicable Disease 224,324
15055-375342 Library Fund-LSTA Adapts Grant-2021 7,034
1506110-420542 LSTA Adapts Grant-2021 7,034
17090-399991 LEC Restr Fund- FBA 39,764
1704311-455360 OSBM-Sheriff's Grant-2022 39,764
19090-399991 DSS Fund-FBA 472,983
1905380-506600 Special Children Adopt. Fund 80,888
1905380-526000 Misc. General Assistance 696
1905380-537000 Foster Care Donations 1,168
1905380-537004 Foster Care-Shoes 116
1905310-426050 Spec Supp/Serv-Data Storage 299,779
1905310-454000 Cap Out Vehicles 14,570
1905310-446000 Cap Outlay $750 to $4999 12,911
1905310-455000 Cap Outlay Equipment $5000 + 85
1905380-521100 APS Essential 2,698
1905380-509600 LIHWAP 60,072
PCC:
21090-399991 CIF Fund-FBA 71,156
2105921-462700 PCC Capital 71,156
SCHOOLS:
21090-399991 CIF Fund-FBA 205,768
2105911-462700 School Capital 205,768
21060-359130 School Lottery Proceeds 1,172,997
2105911-462800 School Lottery Expenditures 1,172,997
FIRE TAX DISTRICT FUND:
25090-399991 Fire Distr Tax Fund-FBA 1,243
25025-335900 OSBM-VFD 2022 Grant 1,243
Totals 3,439,668 3,439,668
12
AGENDA ABSTRACT
Meeting Date: September 19, 2022
Agenda Title: Request to Authorize Interim County Manager to Sign Project
Development Grant Agreement
Summary of Information: At the April 18, 2022, BOC meeting, a request to authorize due
diligence studies for the Person County Mega Park was granted. At that time, a proposal had been
received for $12,000 to have this work performed in a timely manner. Existing funds in the ED
Budget were utilized to cover these costs, but it was presented that funding from a grant from Duke
Energy’s Carolinas Investment Fund was anticipated for reimbursement. That grant was received,
and reimbursement has already taken place. As a part of closing out that funding process, the
development agreement needs to be executed and returned to Duke Energy.
Recommended Action: Request to Authorize Interim County Manager to Sign Project
Development Grant Agreement
Submitted By: Ralph Clark, Interim County Manager
13
2063219.01
LIB: CH
PROJECT DEVELOPMENT GRANT AGREEMENT
THIS GRANT AGREEMENT (the “Agreement”) is made and entered into effective as of June 10, 2022 by
and between DUKE ENERGY PROGRESS, LLC (“Duke”), and PERSON COUNTY , NC (“Recipient”). Duke and Recipient may
be collectively referred to as the “Parties” and either may be referred to as a “Party.”
W I T N E S S E T H:
WHEREAS, Duke has created and set aside the Duke Energy Carolinas Investment Fund for the purpose of funding
economic development activities within South and North Carolina (the “Fund”);
WHEREAS, Recipient has requested that Duke grant $12,000 to Recipient for the purpose of funding the economic
development activity set forth in Exhibit A attached hereto (the “Purpose”); and
WHEREAS, Duke has made, and Recipient has accepted, an offer to grant up to $12,000 to be used by Recipient
to carry out the Purpose in accordance with the terms and conditions set forth herein (the “Grant Amount”).
NOW, THEREFORE, in consideration of the premises and the mutual covenants and agreements hereinafter set
forth, the Parties agree as follows:
ARTICLE 1: SCOPE; PAYMENT
1.1 Recipient shall use its best efforts to ensure that, throughout the term of this Agreement, the Purpose
satisfies Duke’s requirements for a grant of the Grant Amount from the Fund, which requirements include, without
limitation, that (a) the Purpose is development of new businesses or industries or expansion of existing businesses or
industries and (b) the Grant Amount is used solely for payment of costs of site/building acquisition, land clearing, grading,
site improvements or other activities which add value to the site. Recipient shall use funds received hereunder solely for
the completion of the Purpose.
1.2 Recipient shall not be entitled to any portion of the Grant Amount unless all of the Conditions occur on or
before the Deadline. The “Deadline” shall mean the earlier of (a) June 10, 2024 or (b) the date of termination of this
Agreement. “Conditions” shall mean (x) completion of the Purpose, (y) Recipient’s notification to Duke of such completion
and of the amount of Recipient’s actual and final expenditures and obligations directly related to such completion and not
reimbursed or reimbursable to Recipient from any other source (the “Expenditures”) (the “Notification”), and (z) Duke’s
determination that the Purpose has been completed and that the Expenditures are correct and reasonable, and Duke’s
written notification to Recipient of such determination. Duke may require that the Notification be in writing or that
Recipient submit additional documentation in connection with, and as part of, the Notification. The first date on or before
the Deadline by which all of the Conditions have occurred shall be the “Completion Date.”
1.3 Duke may advance to Recipient all or a portion of the Grant Amount (the total of any such payments from
Duke to Recipient being the “Payments”), provided, however, that within 30 days following the Completion Date, Duke
shall pay Recipient the lesser of (a) the Grant Amount minus the Payments or (b) the Expenditures minus the Payments,
provided, further, that if the Payments exceed the Expenditures as of the Completion Date, then no payment shall be due
Recipient from Duke and Duke may demand within 30 days following the Completion Date that Recipient repay all or a
portion of such excess and Recipient shall repay such demanded amount within 60 days following the Completion Date.
If by the Deadline all of the Conditions have not occurred, then Duke may demand within 30 days following the Deadline
14
2063219.01
LIB: CH 2
that Recipient repay all or a portion of the Payments and Recipient shall repay such demanded amount within 60 days
following the Deadline.
ARTICLE 2: TERM AND TERMINATION
2.1 This Agreement shall terminate upon the earlier of (a) the date two years from the date hereof, (b) the
date that Duke terminates this Agreement pursuant to Section 2.2 or (c) the Completion Date. The termination of this
Agreement shall not relieve either Party of its obligation to pay the other Party in accordance with Article 1 of this
Agreement.
2.2 Duke may terminate this Agreement upon the occurrence of any of the following, which termination shall
be effective 10 days following Duke’s notification to Recipient of such termination or such later date as Duke may specify
therein:
(i)Material Breach. Recipient breaches any of its material obligations set forth herein, including without
limitation Recipient’s obligations set forth in Section 1.1.
(ii)Insolvency. Recipient becomes insolvent, fails generally to pay its debts as they become due, admits in
writing its inability to pay its debts as they become due, makes a general assignment for the benefit of
creditors, commences any case, proceeding or other action seeking reorganization, arrangement,
adjustment, liquidation, dissolution or composition of itself or its debts or assets, or adopts an
arrangement with creditors, under any bankruptcy, moratorium, rearrangement, insolvency,
reorganization or similar law of the United States or any state thereof for the relief of creditors or affecting
the rights or remedies of creditors generally.
(iii)Assignment. Recipient assigns, transfers, or attempts to assign or transfer, this Agreement or any right or
interest herein without the express written consent of Duke.
(iv)Abandonment. Recipient abandons its efforts to complete the Purpose and fails to recommence its efforts
within 5 business days after written notice from Duke.
(v)Repudiation. Recipient repudiates this Agreement.
ARTICLE 3: REPRESENTATIONS AND COVENANTS
Recipient represents and warrants that:
3.1 Recipient is, and for the term of this Agreement shall at all times be, in good standing and qualified to do
business in South Carolina or North Carolina or both, as the case may be;
3.2 Recipient has, and for the term of this Agreement shall at all times have, all licenses, permits and other
authorizations required to perform the Purpose;
3.3 Recipient shall perform the Purpose in accordance with all applicable laws, rules, regulations, orders and
ordinances; and
3.4 Execution of this Agreement and performance of the Purpose hereunder does not require any third party
consent and does not and will not violate the terms of any agreement to which Recipient may be bound.
15
2063219.01
LIB: CH 3
ARTICLE 4: NO PUBLICATION
Recipient shall not use Duke’s name or the fact that Recipient has entered into this Agreement with Duke or
received any funds hereunder from Duke in any press releases, media statements or public communications or otherwise
publicize the existence or content of this Agreement without Duke’s prior written consent. Recipient shall not use Duke’s
(including its subsidiaries and affiliates) name, logos, copyrights, trademarks, service marks, trade names or trade secrets
in any way without Duke’s prior written consent, and Duke shall not be deemed to have granted Recipient a license of, or
granted Recipient any rights in, any of the foregoing by entering into this Agreement.
ARTICLE 5: RECORDS; INSPECTION AND AUDIT; COOPERATION
For a period of three years after the termination of this Agreement, (a) Recipient shall maintain and retain records
relating to the Purpose and Recipient’s receipt of funds hereunder, and (b) Duke and its auditors and other representatives
shall have the right and free access during normal business hours to examine, audit and copy any and all records or other
documents relating to the Purpose or Recipient’s receipt of funds hereunder. Upon Duke’s reasonable request, Recipient
shall cooperate fully with Duke with respect to any discussions, negotiations, agreements, arrangements or disputes with
any city, county, state or federal governmental body relating in any way to this Agreement, the Grant Amount, the Purpose
or Recipient’s receipt of funds hereunder.
ARTICLE 6: INDEMNIFICATION; NO CONSEQUENTIAL DAMAGES
6.1 To the extent allowed by law, Recipient shall defend, indemnify and hold harmless Duke and its directors,
officers, employees, agents, representatives, and subsidiary and affiliated companies and their directors, officers,
employees, agents and representatives, from and against all claims, demands, losses, damages, penalties, fines, liabilities,
obligations, and attorneys’ and other professionals’ fees and expenses arising out of or relating to any negligent or
wrongful act or omission of Recipient or its employees, contractors and agents in connection with the Purpose or
Recipient’s receipt of funds hereunder, including without limitation any claim arising out of Recipient’s failure to comply
with applicable laws, rules, regulations, orders or ordinances.
6.2 In no event shall either Party be liable hereunder for any consequential, special, incidental or indirect
damages, except to the extent the indemnifications in this Agreement may be construed to constitute those damages. In
no event shall either Party’s liability hereunder exceed the Grant Amount.
ARTICLE 7: GENERAL
7.1 This Agreement and all of its provisions shall be binding upon and inure to the benefit of the Parties and
their successors and assigns.
7.2 This Agreement shall be governed by and construed in accordance with the laws of the State of North
Carolina, without regard to its conflict of laws principles.
7.3 Those provisions that would require survival in order to give them full force and effect shall survive the
termination or expiration of this Agreement, regardless of the date, cause or manner of such termination, and shall remain
in full force and effect.
7.4 This Agreement, including the Exhibits attached hereto, is intended by Duke and Recipient to constitute
the final and complete statement of their agreement and all prior proposals, communications, negotiations,
understandings and representations relating to the subject matter of this Agreement, whether verbal or written, are
16
2063219.01
LIB: CH 4
hereby superseded. No modification or amendment of this Agreement shall be effective unless the same is in writing and
signed by both Parties.
7.5 Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall be as to
such jurisdiction ineffective to the extent of such prohibition or unenforceability without invalidating the remaining
provisions hereof, and any such prohibition or unenforceability in any jurisdiction shall not invalidate or render
unenforceable such provisions in any other jurisdiction.
7.6 Any notice required or permitted to be given by either Party hereto to the other Party shall be deemed to
have been duly given when delivered personally or otherwise actually received after mailing by certified mail, return
receipt requested, or by reputable overnight courier, addressed to the Contact Person for such Party set forth on the
signature page of this Agreement at the address provided below such person’s name or addressed to any such Party at
such other address as such Party shall hereafter furnish to the other Party in writing in accordance with this Section 7.6,
provided that a copy of any notice to Duke shall also be sent to:
Duke Energy Corporation
Legal Department-DEC45
550 South Tryon Street
Charlotte, North Carolina 28202
7.7 No course of dealing or failure of either Duke or Recipient to enforce strictly any term, right or condition
of this Agreement shall be construed as a waiver of that term, right or condition. The failure of either Party to exercise
any right hereunder or to take any action permitted on a breach by the other Party shall not be deemed a waiver of such
right or of any other rights in the event of a subsequent breach of a like or different nature. No express waiver of any
term, right or condition of this Agreement shall operate as a waiver of any other term, right or condition or a waiver of
that term, right or condition in any other instance.
7.8 This Agreement may be executed in two or more counterparts, each of which shall be deemed an original,
but all of which together shall constitute one and the same instrument.
IN WITNESS THEREOF, the parties have caused this Agreement to be executed by their duly authorized
representatives as of the date first above written.
PERSON COUNTY, NC
Ralph Clark
Interim County Manager
DUKE ENERGY CAROLINAS, LLC
Stuart N. Heishman
Vice President Economic Development
Duke Contact: John Nelms
17
2063219.01
LIB: CH
EXHIBIT A PURPOSE
18
2063219.01
LIB: CH
19
20
21
AGENDA ABSTRACT
Meeting Date: September 19, 2022
Agenda Title: Request to Allocate Funds for Replacement Pre-Owned Ambulance
Summary of Information: On July 23, 2022, a Person County ambulance was transporting a
critical patient to Duke University Medical Center. The severity of the patient required that both
Person County Division of EMS (PCDEMS) providers be in the back of the ambulance to render
patient care. A volunteer firefighter (who is a career firefighter in a nearby locality with years of
emergency driving experience) was asked to drive the ambulance to Duke. While transporting to
Duke, the ambulance was struck in an intersection in the City of Durham by another vehicle. The
ambulance was struck just behind the driver’s side door and the force of the impact pushed the
ambulance off the road and into a tree line. One crew member suffered minor injuries and the other
two crew members were uninjured. The patient was not further injured, and care was transferred to a
Durham EMS unit for continued transport to the hospital.
The ambulance suffered damage to the chassis to include, but not limited to, significant body
damage, bent frame, broken front axle, and the aluminum push bumper collapsed into engine
compartment causing radiator and engine damage. The patient compartment was also impacted on
both sides to include, but not limited to, body damage, a hole in one of the compartment doors and
damage to the emergency warning lights. At this time, we are unsure if the actual patient
compartment sub-structure has retained its integrity.
The vehicle has been partially assessed by the County insurance vendor and at this time, due to
primarily market factors, the vendor is not recommending totaling the vehicle but is going to see if it
can be repaired. Two primary factors will determine if it can be satisfactorily repaired. First, we still
do not fully know how much frame damage there is to the chassis. Secondly, we are still unsure of
the integrity of the patient compartment sub-structure.
The vehicle is currently located in Henderson, NC at an ambulance repair facility for further
assessment. According to the insurance vendor, based on the amount of damage and the steps needed
to repair what has already been assessed as damaged, it is anticipated to take 10 months or longer to
repair.
Normally, PCDEMS has 6 ambulances available for service. Four trucks are frontline and staffed
daily. Two are in reserve status. Due to fleet maintenance issues and availability of parts, on any
given day at least one or both reserve units are being used. With the wrecked unit out of service, the
system only has one spare truck. Currently, our only available spare is out of service due to needing
a replacement transmission. We are waiting on the repair facility to receive a transmission due to
supply chain issues.
22
The current status of the ambulance fleet is below:
Unit # Year Type Mileage Notes
Reserve
EMS-4
2015 F-450 177,325 High Mileage, needs body work, needs interior work
EMS-5 2018 F-450 123,693 Out-of-service. Needs new transmission and work on DPF system,
needs body work
EMS-6 2018 F-450 109,080 Awaiting engine service, needs body work
EMS-7 2018 F-450 139,638 Awaiting service, Needs new tires and alignment, needs body work
EMS-8 2021 F-450 37,443 Awaiting service. Was previously out-of-service for 8 months due to
repair issues.
Reserve
EMS-9
2019 F-450 145,032 Out-of-service. Wrecked. Waiting to see if it can be repaired.
Estimate OOS time to be 10 months or greater.
TBD 2022 F-450 xxxxxx Demo Ambulance – purchased March 2022. No VIN issued. Do not
anticipate delivery before Fall 2023.
In order to ensure that PCDEMS has adequate ambulances to meet the needs of the citizens of the
County, 6 units available is our absolute minimum and consistent with industry standards. Due to
chassis supply issues, ambulance builders are unable to meet the demands of the market with
ambulances. It is forcing agencies to hold onto units past their service life as they are unable to get
replacements. In March of 2022, we were able to procure a demonstration unit from a vendor with
no clear estimate to when it will be delivered. As of today, that unit still does not have a chassis
assigned to the production queue.
To replace the wrecked unit, we have been searching extensively for pre-owned ambulances that are
still in relatively good condition with reasonable mileage. A unit has been found in Ohio at a vendor
I am familiar with and that is known to be of strong integrity. The unit is a 2015 F-450, Diesel, 4x4
with 87,000 miles on it. The unit also has already installed a Stryker Stretcher Power Load system
and Stryker Powered stretcher which is compatible with the other vehicles in our fleet. Asking price
for the unit is $130,000 dollars. To put the unit in service, I have provided the following cost
estimates:
Item Estimated Cost Notes
Ambulance $130,000
Graphics Package $8,700 Ambulance comes without a graphics
package. Must meet NC OEMS regulations.
Radio System w/install $8,000 New front and rear radios
Computer system(s) w/ install $4,500 Pulling computers from wrecked ambulance
but will need mounts, wiring, and modems
installed.
Steel Bumper $6,400 Steel Push Bumper to protect ambulance and
crew in frontal impact strikes.
Narcotics Locker $1,400 Required to having locking narcotics system
per NCOEMS regulations.
Mechanical Check $3,000 Use a local vendor to do a full preventative
maintenance check before putting the unit
23
into service.
Inspection and Delivery Trips $1,500 One trip to go and inspect the ambulance
before signing purchase agreements. Second
trip to pick up unit and deliver it to Person
County.
Contingency 11,500 Based on unit inspection, allowance for any
contingencies.
Total 175,000
Funds for the purchase have been identified by the Person County Finance Department from a loan
that was obtained for the Public Safety Towers Project. That project, now completed, has a fund
balance of $207,133.63 dollars remaining.
Recommended Action:
1. Person County Division of EMS will pursue the acquisition and purchase of a pre-owned
ambulance to support EMS operations.
2. Authorize the remaining fund balance from the Public Safety Towers Project to purchase and
equip a pre-owned ambulance of comparable cost and quality of the pre-owned ambulance
identified in this abstract (if that ambulance is found to be unsuitable.)
Submitted By: Thomas E. Schwalenberg - Emergency Manager / Director of Emergency Services
24
AGENDA ABSTRACT
Meeting Date: September 26, 2022
Agenda Title: Addition of Grounds Maintenance Worker (1.0 FTE)
Summary of Information:
In accordance with the Person County Personnel Policy, Article II. Position Classification Plan,
Section 5. Authorization of New Positions and the Position Classification Plan, states “New
positions shall be established upon recommendation of the Manager and approval of the Board of
Commissioners.”
Due to challenges with recruiting part-time Grounds Maintenance Workers, the General Services
Department has requested to convert two part-time Grounds Maintenance Worker positions and
create one full-time position. The rate of pay will not change; however, employee benefits will be an
additional $10,835 annual expense. Funding is available in the General Services departmental
budget to pay for the cost of the position. No additional funding is requested.
Recommended Action: The Interim County Manager recommends approval of an additional 1.0
FTE Grounds Maintenance Worker position by combining and eliminating two part-time Grounds
Maintenance Worker positions.
Submitted By: Sonya Carver, Human Resources Director and Ray Foushee, General Services
Director
25