06-07-2021 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 7, 2021
7:00pm
This meeting will convene in the County Office Building Auditorium.
CALL TO ORDER………………………………………………….. Chairman Powell
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
PUBLIC HEARING:
ITEM #1 (pg. 3)
Fiscal Year 2021-2022 Recommended Budget …………………….. Chairman Powell
PUBLIC HEARING:
ITEM #2 (pg. 4)
Consideration to Grant or Deny Request to Appropriate
Estimated $1,899,000.00 to Assist Project Famous to locate in
Person County, NC, and to Execute an Economic Development
Agreement at the Appropriate Time ………………………………… Sherry Wilborn
ITEM #3 (pg. 5)
Consideration to Grant or Deny Request to Appropriate
Estimated $1,899,000.00 to Assist Project Famous to locate in
Person County, NC, and to Execute an Economic Development
Agreement at the Appropriate Time ………………………………. Chairman Powell
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PUBLIC HEARING:
ITEM #4 (pgs. 6-7)
Petition RZ-02-21 Request by George Anderson, on behalf of
property owners Jeffrey and Marybeth Cecil for a rezoning/map
amendment from Residential to Rural Conservation on 4.5 acres
(Tax Map & Parcel A4-15) located on Kelly Brewer Rd ………………... Lori Oakley
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 #5
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.Approval of Minutes of May 3, 2021 (pgs. 8-75),B.Approval of Minutes of May 17, 2021 (pgs. 76-131),C.Budget Amendment #18 (pg. 132),D.Budget Amendment #19 (pg. 133),E.American Rescue Plan Act Grant Project Ordinance Resolution pgs. 134-136), andF.Joint Use Agreement Renewal: Person County Recreation, Arts, and Parks
Department and the Person County Board of Education (pgs. 137-161)
NEW BUSINESS:
ITEM #6 (pgs. 162-163)
Morgan Street Roadway Reconfiguration ………………………………. John Sandor
ITEM #7 (pg. 164)
Animal Services Advisory Committee …………………………………… Kelli Oakley
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.
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NOTICE OF BUDGET PUBLIC HEARING
PERSON COUNTY BOARD OF COMMISSIONERS
Official notice is hereby given that the Fiscal Year 2021-2022 Budget for Person County
has been presented to the Board of Commissioners by the County Manager, and is
available for public inspection in the Office of the Clerk to the Board of Commissioners in
Room 212 of the Person County Office Building, from 8:30 a.m. until 5:00 p.m. Monday
through Friday, at the Public Library during operating hours, and on Person County’s
website, www.personcountync.gov.
In accordance with N. C. General Statute 159-12(b), the Person County Board of
Commissioners will conduct a Budget Public Hearing on Monday, June 7, 2021, at 7:00
p.m. The Budget Public Hearing will be held in the Auditorium in the Person County Office
Building, 304 S. Morgan Street, Roxboro, NC and citizens will have an opportunity to
address the Board of Commissioners concerning the recommended budget.
Brenda B. Reaves, MMC, NCMCC
Clerk to the Board
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PUBLIC HEARING NOTICE
The Person County Board of Commissioners will hold a Public Hearing on
Monday, June 7, 2021, at 7:00 p.m. in the Auditorium of the Person County Office
Building, 304 S. Morgan Street, Roxboro, NC 27573.
The Board of Commissioners will consider the appropriation of county
general funds to be made available for a financial grant incentive over a 10-year
period at an estimated total cost of $1,899,000.00 and subject to the terms of a
future development agreement in compliance with applicable law, to assist a
manufacturing firm, publicly-referenced for the sake of confidentiality as Project
Famous, to locate a manufacturing and warehousing facility in Person County, NC.
The project proposes to create 300 new jobs with an annual average wage
of $47,120.00 and to invest more than $61,600,000.00 in capital investment over
five years.
Brenda B. Reaves, NCMCC, MMC
Clerk to the Person County Board of Commissioners
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AGENDA ABSTRACT
Meeting Date: June 7, 2021
Agenda Title: Public Hearing for Consideration to Grant or Deny Request to Appropriate
Estimated $1,899,000.00 to Assist Project Famous to Locate in Person County, NC, and to
Execute an Economic Development Agreement at the Appropriate Time
Summary of Information: Project Famous is a confidential and competitive economic
development project proposing to create 300 new jobs with an annual average wage of $47,120.00
and to create a capital investment of over $61,600,000.00 over five (5) years through manufacturing
and/or warehousing operations. In order to secure this investment for Person County over other
locations in consideration, a financial grant incentive of $1,899,000.00 over 10 years is proposed.
Recommended Action: Approve an appropriation of County General Funds to assist Project
Famous to locate or expand in Person County with a financial grant incentive over a 10-year period
at an estimated total cost of $1,899,000.00 and authorize the Board Chair to execute a written
agreement at the appropriate time that complies with applicable legal requirements as advised by the
County Attorney.
Submitted By: Sherry Wilborn, Economic Development Director
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NOTICE OF PUBLIC HEARING
The Person County Board of Commissioners will hold a public hearing on Monday, June 7, 2021 at 7:00
p.m. in the Auditorium of the Person County Office Building at 304 South Morgan Street, Roxboro, North
Carolina to hear the following:
1.Petition RZ-02-21 is a request by the applicant, George Anderson, on behalf of the property owners
Jeffrey and Marybeth Cecil, for a rezoning/map amendment from R (Residential) to RC (Rural
Conservation) on 4.5 acres (Tax Map & Parcel A4-15) located on Kelly Brewer Rd.
The public is invited to attend the meeting. Substantial changes may occur to the request based on comments
from the public hearing. The Board of Commissioners reserves the right to recess the public hearing at
another place and time. For further information on the case(s) listed above, please contact the Person County
Planning and Zoning Department at (336) 597-1750.
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AGENDA ABSTRACT
Meeting Date: June 7, 2021
Agenda Title: Petition RZ-02-21 – A request by George Anderson, on behalf of the property owners
Jeffrey and Marybeth Cecil, for a rezoning/map amendment from R (Residential) to RC (Rural
Conservation) on 4.5 acres (Tax Map & Parcel A4-15) located on Kelly Brewer Rd.
(Update on May 28, 2021- Application was withdrawn by the Applicant)
Summary of Information:
Currently, the subject property contains woodlands and is zoned R (Residential).
The Person County Land Use Plan identifies the site as Rural Residential/Agricultural, which allows for
very limited commercial uses.
Appendix O of the Land Use Plan lists goals and objectives for the county including the following:
1.0 - To promote an orderly and efficient land use development pattern, which allows for a variety
of land uses while being sensitive to environmental concerns.
The applicant is requesting a general rezoning from R (Residential) to RC (Rural Conservation).
According to Article VII Section 70 of the Person County Planning Ordinance, the purpose of the RC (Rural
conservation) District shall be to provide for only limited land use controls in areas with limited
nonagricultural development. A rezoning to RC (Rural Conservation) from the current R (Residential),
would allow a wider range of permitted uses, some by right and some requiring Special Use Permits.
Planning Staff Recommendation: Planning staff recommends approval of the proposed general rezoning
RZ-02-21 based on the Person County Land Use Plan and the Future Land Use Map contained within the
Land Use Plan. This zoning is a general rezoning request, and therefore, no conditions can be placed on
the approval and no site plans can be approved with the request.
Planning Board Recommendation: At the May 13, 2021 meeting of the Planning Board, the Board voted
unanimously (6-0) to deny the proposed rezoning request, RZ-02-21. The Board felt that the proposed
rezoning to RC (Rural Conservation) would allow a variety of commercial uses in a residential area. They
also included the following Statement of Reasonableness and Consistency: The request is not consistent
with the Person County Land Use Plan and future-planning goals of the county, is not reasonable, and not
in the public interest as it does not meet several objectives listed in the Person County Land Use Plan.
Recommended Action: Updated as of May 28, 2021 – the applicant has requested to withdraw the
rezoning request RZ-02-21. By withdrawal of the application, there is no need to entertain public comments
and no action is required upon closing the public hearing.
Submitted by: Lori Oakley, Planning Director
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May 3, 2021
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PERSON COUNTY BOARD OF COMMISSIONERS MAY 3, 2021
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Heidi York, County Manager
Kyle W. Puryear Brenda B. Reaves, Clerk to the Board
C. Derrick Sims 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 3, 2021 at 7:00pm in the Person County Office Building
Auditorium.
Chairman Powell called the meeting to order. Commissioner Sims offered an
invocation and Commissioner Gentry led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Sims and carried 5-0 to approve the agenda.
PUBLIC HEARING:
PETITION TA-01-21 – A REQUEST BY PERSON COUNTY PLANNING STAFF,
ON BEHALF OF THE PERSON COUNTY BOARD OF COMMISSIONERS, TO
AMEND THE ORDINANCE REGULATING AUTOMOBILE GRAVEYARDS
AND JUNKYARDS TO INCLUDE SCREENING REQUIREMENTS FOR
PRIVATE ROADS:
A motion was made by Commissioner Sims and carried 5-0 to open the duly
advertised public hearing for a request by Person County Planning staff, on behalf of the
Person County Board of Commissioners, to amend the Ordinance Regulating Automobile
Graveyards and Junkyards to include screening requirements for private roads.
Planning Director, Lori Oakley introduced Angie Blount, Planner I, to present
Petition TA-01-21 to the Board of Commissioners.
Ms. Blount stated all state statutes and planning ordinance requirements have been
met for this public hearing and requested that the Planning Staff Report be entered into the
record. The Staff Report follows:
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Ms. Blount shared the following presentation:
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Commissioner Sims stated he had many complaints and recommended approval of
the request to amend the Ordinance Regulating Automobile Graveyards and Junkyards to
include screening requirements for private roads.
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There were no individuals appearing before the Board of Commissioners to speak
in favor of or in opposition to the request by Person County Planning staff, on behalf of the
Person County Board of Commissioners, to amend the Ordinance Regulating Automobile
Graveyards and Junkyards to include screening requirements for private roads.
Commissioner Gentry asked for the definition of Junkyards to which Ms. Blount
stated the definition in the ordinance reads as follows:
Junk: The term “junk” shall mean scrap metal, rope, rags, batteries, paper, trash, rubber,
debris, tires, waste, or junked, dismantled or wrecked motor vehicles or parts.
Junkyard, Commercial: Any establishment or place of business which is maintained,
operated, or used for storing, salvaging, keeping, buying or selling junk or for maintenance
or operation of an automobile graveyard, but shall not include garbage dumps or county-
operated sanitary landfills.
Junk Yard, Residential: A residential parcel of land in which an area of 600 square feet
or more of "junk materials” are kept or stored at any given place whether for profit or not.
Materials enclosed in closed buildings, solid waste containers or rolling stock (i.e., rail
cars, trailer or other containerized body not intended or designed to be self-propelled) are
excluded.
Ms. Oakley told the group that there is a provision in a state statute that grandfathers
existing junkyards that are five years to seven years old depending on date of origination;
this new proposed provision to the County’s ordinance would apply to newer junkyards.
Vice Chairman Puryear asked how many complaints have been received to start
this process to amend the ordinance to which Ms. Oakley stated she had approximately 20
open cases of complaints related to junkyards across the county.
A motion was made by Commissioner Gentry and carried 5-0 to close the public
hearing for a request by Person County Planning staff, on behalf of the Person County
Board of Commissioners, to amend the Ordinance Regulating Automobile Graveyards and
Junkyards to include screening requirements for private roads.
CONSIDERATION TO GRANT OR DENY REQUEST TO ADOPT TEXT
AMENDMENTS TO PERSON COUNTY’S ORDINANCE REGULATING
AUTOMOBILE GRAVEYARDS AND JUNKYARDS TO INCLUDE SCREENING
REQUIREMENTS FOR PRIVATE ROADS:
A motion was made by Commissioner Sims and carried 5-0 to adopt the presented
text amendments to Person County’s Ordinance Regulating Automobile Graveyards and
Junkyards to include screening requirements for private roads noting the amendments are
consistent with the Comprehensive Land Use Plan and future planning goals and objectives
of Person County and it was reasonable and in the public interest.
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PUBLIC HEARING:
PETITION TA-02-21 - A REQUEST BY THE PERSON COUNTY PLANNING
DEPARTMENT TO AMEND THE PERSON COUNTY PLANNING ORDINANCE
AND SUBDIVISION REGULATIONS IN ORDER TO COMPLY WITH THE NEW
NC GENERAL STATUTES CHAPTER 160D:
A motion was made by Vice Chairman Puryear and carried 5-0 to open the duly
advertised public hearing for a request by the Person County Planning Department to
amend the Person County Planning Ordinance and Subdivision Regulations in order to
comply with the new NC General Statutes Chapter 160D.
Planning Director, Lori Oakley stated all state statutes and planning ordinance
requirements have been met for this public hearing and requested that the Planning Staff
Report be entered into record. The Staff Report follows:
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Ms. Oakley shared the following presentation:
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There were no individuals appearing before the Board of Commissioners to speak
in favor of or in opposition to the request by the Person County Planning Department to
amend the Person County Planning Ordinance and Subdivision Regulations in order to
comply with the new NC General Statutes Chapter 160D.
A motion was made by Commissioner Gentry and carried 5-0 to close the public
hearing for a request by the Person County Planning Department to amend the Person
County Planning Ordinance and Subdivision Regulations in order to comply with the new
NC General Statutes Chapter 160D.
CONSIDERATION TO GRANT OR DENY REQUEST TO ADOPT TEXT
AMENDMENTS TO THE PLANNING ORDINANCE AND SUBDIVISION
REGULATIONS IN ORDER TO COMPLY WITH THE NEW NC GENERAL
STATUTES CHAPTER 160D:
A motion was made by Vice Chairman Puryear and carried 5-0 to adopt text
amendments to the Planning Ordinance and Subdivision Regulations per the Planning Staff
recommendations in order to comply with the new NC General Statutes Chapter 160D
effective July 1, 2021 noting the amendments are consistent with the Person County Land
Use Plan and future planning goals of the county and are reasonable and in the public
interest.
The Planning Ordinance and Subdivision Regulations, as adopted, are incorporated
into these minutes by reference and a copy will be on file in the Clerk to the Board of
Commissioners’ Office as well as maintained in the Planning and Zoning Offices.
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PUBLIC HEARING:
PETITION SUB-01-21 - A REQUEST BY DLH DEVELOPMENT, LLC, FOR A
CLUSTER SUBDIVISION CONCEPT PLAN FOR THE HIGHLANDS AT
DUNCAN PLANTATION, CONSISTING OF 24 LOTS ON 35.5 ACRES LOCATED
ON DUNCAN PLANTATION DRIVE (OFF OF SR 1711 - KERMIT DUNCAN RD.)
ON TAX MAP & PARCEL A63-41C IN THE R (RESIDENTIAL) ZONING
DISTRICT:
A motion was made by Commissioner Sims and carried 5-0 to open the duly
advertised public hearing for a request by DLH Development, LLC, for a Cluster
Subdivision Concept Plan for the Highlands at Duncan Plantation, consisting of 24 lots on
35.5 acres located on Duncan Plantation Drive in the residential zoning district.
Planning Director, Lori Oakley stated all state statutes and planning ordinance
requirements have been met for this public hearing and requested the Planning Staff Report
be entered into the record. The Planning Staff Report follows:
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Ms. Oakley shared the following presentation:
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Ms. Oakley clarified the density in this area per the County’s Comprehensive Plan
was one to three acres noting this proposed subdivision falls right in line with the
Comprehensive Plan.
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There were no individuals appearing before the Board of Commissioners to speak
in favor of the request by DLH Development, LLC, for a Cluster Subdivision Concept Plan
for the Highlands at Duncan Plantation, consisting of 24 lots on 35.5 acres located on
Duncan Plantation Drive in the residential zoning district.
Speaking in opposition to the request by DLH Development, LLC, for a Cluster
Subdivision Concept Plan for the Highlands at Duncan Plantation, consisting of 24 lots on
35.5 acres located on Duncan Plantation Drive in the residential zoning district were:
Ms. Wendy Jones and Mr. Rodney Jones of 160 Plantation Drive, Timberlake and
Mr. Dallas Ormand of 65 Duncan Plantation, all residents belonging to the original Duncan
Plantation Home Owner’s Association (HOA), made the Board aware of their concerns
with the proposed Cluster Subdivision Plan for the Highlands at Duncan Plantation as it
was not included with the original Duncan Plantation HOA to pay dues and to help
maintain the access road for the wear and tear, especially during the construction phase
using heavy equipment. Ms. Jones explained since the original Phase I, there had been a
number of real estate transactions of the remaining land and some things were left out of
the description; she opined that a thorough title search had not been completed. Ms. Jones
said she took issue with the name of the new proposed subdivision noting her opinion that
the subdivision should become part of the existing Duncan Plantation. Ms. Jones said they
had questions regarding Lot A which was not a part of the proposed cluster subdivision.
Commissioner Sims clarified for the group and the County Attorney, Ellis Hankins,
confirmed the Board of Commissioners has no legal authority related to the HOA. Mr.
Hankins noted he would have to review the real estate transactions to speak accurately on
the title search.
Vice Chairman Puryear asked if the developer was present to which he was in the
audience. The developer, Mr. David Haskins stated the access road was planned to be
upgraded to NC DOT specifications and would be turned over to the NC DOT for
maintenance.
A motion was made by Commissioner Sims and carried 5-0 to close the
public hearing for a request by DLH Development, LLC, for a Cluster Subdivision Concept
Plan for the Highlands at Duncan Plantation, consisting of 24 lots on 35.5 acres located on
Duncan Plantation Drive in the residential zoning district.
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CONSIDERATION TO GRANT OR DENY REQUEST BY DLH DEVELOPMENT,
LLC, FOR A CLUSTER SUBDIVISION CONCEPT PLAN FOR THE
HIGHLANDS AT DUNCAN PLANTATION, CONSISTING OF 24 LOTS ON 35.5
ACRES LOCATED ON DUNCAN PLANTATION DRIVE IN THE RESIDENTIAL
ZONING DISTRICT:
A motion was made by Commissioner Gentry and carried 5-0 to approve the
request by DLH Development, LLC, for a Cluster Subdivision Concept Plan for the
Highlands at Duncan Plantation, consisting of 24 lots on 35.5 acres located on Duncan
Plantation Drive in the residential zoning district.
PUBLIC HEARING:
PETITION RZ-01-21 - A REQUEST BY CRAIG C. HESTER FOR A
REZONING/MAP AMENDMENT FROM RESIDENTIAL TO RURAL
CONSERVATION ON 2.93 ACRES (TAX MAP & PARCEL 112-13) LOCATED ON
BURLINGTON RD (HWY 49):
A motion was made by Commissioner Gentry and carried 5-0 to open the duly
advertised public hearing for a request by Craig C. Hester for a rezoning/map amendment
from residential to rural conservation on 2.93 acres (Tax Map & Parcel 112-13) located on
Burlington Rd (Hwy 49).
Planning Director, Lori Oakley introduced Angie Blount, Planner I, to present
Petition RZ-01-21 to the Board of Commissioners.
Ms. Blount stated all state statutes and planning ordinance requirements have been
met for this public hearing and she requested the Planning Staff Report be entered into the
record. The Planning Staff Report follows:
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Ms. Blount shared the following presentation:
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Ms. Blount said staff recommended the general rezoning because it was done
without condition as staff could not take into consideration any of the permitted uses in the
RC district or what the applicant may do with the parcel later. She reiterated that the
Planning Board voted unanimously to deny the request as it would allow a variety of
commercial uses in a residential area.
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The applicant, Craig C. Hester addressed the Board of Commissioners to speak in
favor of the rezoning/map amendment from residential to rural conservation on 2.93 acres
(Tax Map & Parcel 112-13) located on Burlington Rd (Hwy 49) to clarify his plans for the
parcel was to construct a self-storage facility noting that was the reason for his request to
rezone to RC. Mr. Hester said his intent was not to have the facility open 24-hours, maybe
7:00am to 7:00pm with a number to call on an emergency basis. Mr. Hester noted he would
not have huge lights in the sky but minimal lighting. Mr. Hester opined it would not be an
increase traffic concern nor would it drive away potential residents. Mr. Hester stated he
understood the concerns noting he could say one thing and do another; however, he wanted
to inform the Board of his plans.
Commissioner Sims asked Mr. Hester if he intended to install a security fence and
security cameras to which he replied affirmatively; Mr. Hester added the facility would be
gated to open and close at the times stated above.
Speaking in opposition to the request by Craig C. Hester for a rezoning/map
amendment from residential to rural conservation on 2.93 acres (Tax Map & Parcel 112-
13) located on Burlington Rd (Hwy 49) were the following:
Mr. Don Vaughan of 612 W. Friendly Avenue, Greensboro, an attorney
representing Arthur Winstead, Jr, as well as Mr. Winstead’s mother to express their strong
opposition to rezoning the property located between 1370 and 1308 Burlington Road, tax
map and parcel number 112-13 from residential to rural conservation. Mr. Vaughan said
Mr. Winstead’s mother owns the property located at 1553 Burlington Road, tax map and
parcel number 112-15, and Mr. Winstead is his mother’s designated agent. Mr. Vaughan
stated they were pleased the Planning and Zoning Board unanimously denied the request
and noted it was his belief that allowing the rezoning, which will open the property to
almost unlimited uses, will result in a drastic change in the character of the neighborhood
and surrounding areas, which are almost entirely residential. Allowing a near unlimited
variety of uses will lower property values on these homes, prevent the residential owners
from fully enjoying their land, and drive away other potential residents who may have
moved to the area. In addition, Mr. Vaughan conveyed that the rezoning and the
development that will occur afterward would lead to an increase in traffic in the area. The
roads in the area consist entirely of single lane, rural roads that do not see much traffic at
the current time. Allowing for additional non-residential uses in the area will lead to the
roads being worn quicker, a decrease in safety for local children who may be victims of
traffic accidents, and an increase in noise and air pollution affecting the local residents.
The additional traffic, noise and air pollution would also be likely to have an effect on the
local wildlife. Mr. Vaughan urged the Board of Commissioners to recommend against the
proposed rezoning and help keep this lovely community the way its residents would like it
to remain. Mr. Don Vaughan introduced his client, Mr. Arthur Winstead.
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Mr. Arthur Winstead of 1401 McDowell Drive, Greensboro noted his roots were in
Person County and conveyed that his mother requested him to appear before the Board of
Commissioners to speak against the proposed rezoning as it was not consistent with the
surrounding area. Mr. Winstead asked the Board of Commissioners to deny the request to
rezone the 2.93 acres located on Burlington Road from residential to rural conservation.
Mr. Johnnie Wrenn of 1430 Burlington Road, Roxboro appeared before the Board
of Commissioners to speak against the proposed rezoning on Burlington Road. He opined
that no businesses were needed in the area.
Mr. Mike Partin stated he lived in Franklin County however; he was there to
represent KD3 Investments, LLC of 1270 Burlington Road, Roxboro to speak against the
proposed rezoning as it would have a negative impact on the area.
A motion was made by Commissioner Sims and carried 5-0 to close the public
hearing for a request by Craig C. Hester for a rezoning/map amendment from residential
to rural conservation on 2.93 acres (Tax Map & Parcel 112-13) located on Burlington Rd
(Hwy 49).
CONSIDERATION TO GRANT OR DENY REQUEST BY CRAIG C. HESTER
FOR A REZONING/MAP AMENDMENT FROM RESIDENTIAL TO RURAL
CONSERVATION ON 2.93 ACRES (TAX MAP & PARCEL 112-13) LOCATED ON
BURLINGTON RD (HWY 49):
A motion was made by Commissioner Sims and carried 5-0 to deny the request
by Craig C. Hester for a rezoning/map amendment from residential to rural conservation
on 2.93 acres (Tax Map & Parcel 112-13) located on Burlington Rd (Hwy 49) noting the
request was not consistent with the Person County Land Use Plan nor the future planning
goals of the county as it would allow a variety of commercial uses in a residential area.
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INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. Cecil Barker of 367 Barefoot Landing Lane, Semora addressed the Board of
Commissioners, on behalf of the Roxboro-Person County Home Builders Association,
about the permitting process involving the Person County Environmental Health and the
Inspections Department. He spoke of the demand of services over the last year noting that
permitting must have increased over 100%; Mr. Barker asked for any help with expediting
the permitting process.
Ms. Cynthia Lynch of 395 Union Grove Church Road, Hurdle Mills stated the need
to preserve farmland as indicated as the second most important principle in the Joint
Comprehensive Plan. Ms. Lynch suggested the Board to extend its informal comment
period to allow more people to express their thoughts.
Ms. Cindy Martin of 396 Shore Acres Drive, Semora addressed the Board to
reiterate the need to find a tenant for the Mega Park site to help the power plant workers
that may be displaced if Duke Progress closes the two plants in Person County.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Sims and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of April 19, 2021,
B. Budget Amendment #15,
C. Amended Audit Contract for Fiscal Year 2020 increasing from $59,300 by
$10,930 to a modified fee of $70,230, and
D. Selection of County Airport Engineering Firm
NEW BUSINESS:
PRESENTATION ON THE PERSON COUNTY MEGA PARK SITE:
Commissioner Gentry introduced Mr. Joe Hines, PE with the Timmons Group in
the Richmond, Virginia Office to share a presentation about the opportunities of the Person
County Mega Park site. Mr. Timmons presentation follows:
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The Board thanked Mr. Hines for his informative presentation.
A motion was made by Vice Chairman Puryear and carried 5-0 to recess the
meeting at 9:07pm for a brief break. The meeting was reconvened at 9:13pm.
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PERMITTING PROCESS IMPROVEMENT PLAN:
County Manager, Heidi York told the group that on April 20, 2021, the Roxboro-
Person County Homebuilders Association held a special meeting to share concerns with
Person County staff regarding the length of the permitting process. Ms. York noted three
county departments are involved in the process. For a building permit to be issued, approval
is required from 1) Environmental Health, 2) Zoning and 3) Inspections (in that order).
Environmental Health staff approval is needed before Zoning staff can issue a zoning
permit. A zoning permit must be issued before Inspections staff can issue a building permit.
Ms. York said it currently takes approximately 10 weeks to complete an
environmental health site evaluation. If property lines are not properly marked or the site
is inaccessible due to dense vegetation, additional time will be required to complete the
evaluation. If all plans and paperwork are complete and correct, the process to issue a
building permit can take 20 days. Incomplete applications and/or issues that must be
corrected slow down the approval process, potentially extending it by four weeks.
Prior to the Homebuilders Association meeting, Ms. York stated county staff had
heard concerns from builders and taken proactive steps to improve the process, including
implementing Energov permitting software which will enhance information sharing and
efficiency and requesting funding for new positions to address increasing workloads. The
new Energov permitting software was piloted with a few contractors with the Inspections
Department. Energov is projected to be fully implemented by the end of June as forms are
being finalized. Ms. York said demands on these departments have grown even more as
the housing market has picked up over the past year. Each of these departments provide a
variety of services with a limited number of employees.
Assistant County Manager, Katherine Cathey said that with increasing delays in
Environmental Health and Inspections, the following strategies for improving current
permit wait times are offered as options for the Board’s consideration.
New Positions
Staff recommended authorizing two new positions, 1) an Environmental Health
Specialist and 2) a Chief Building Inspector to assume some of the workload that is
overwhelming current staff. If the Board authorizes the two new positions, the Human
Resources Department will initiate recruitment with the goal of onboarding new employees
by July 1. Ms. Cathey said the funding for these positions was included in the Manager’s
Recommended Budget for Fiscal Year 2022.
The Inspections Department proposes to hire a Chief Inspector with higher-level
certifications who will require minimal training. Environmental Health will seek an
experienced candidate, but due to a limited pool of qualified candidates, they may have to
hire an employee who will require up to a year and a half of training before becoming
independent in their work. In both cases, hiring challenges exist related to availability of
certified and experienced candidates and compensation demands.
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Ms. Cathey noted that with new staff in place, additional resources will be available
to address the backlog of applications and speed up the process going forward. There will
be a delay in realizing these benefits due to the time it takes to recruit and train new
employees.
Contract or Temporary Assistance
Another option for the interim prior to filling the full time positions, Ms. Cathey
stated Environmental Health and Inspections could seek to hire an experienced
contractor(s) or part-time temporary employee(s) to assist with the permitting process
during the recruitment and training period for new full-time employees. Each department
requests $5,000 for a total allocation of $10,000 in Fiscal Year 2021 to compensate these
workers. There is a very limited pool of qualified candidates who would be interested in
providing these services to the county on a part-time basis, so it may be difficult to attract
the needed resources. In addition, additional oversight will need to be provided by county
staff to ensure high-quality work.
Residential and Express Plan Reviews
The Inspections Department currently provides residential plan reviews as a service
to builders. Although this step is not required by the state and adds time to the permitting
process, county staff find it beneficial for catching problems that may arise during the
building phase had they not conducted the residential plan review. Many builders also
appreciate this level of service, but others are dissatisfied with the time it adds to the
process. Residential plan reviews could be eliminated, but staff recommends keeping them
in place to provide an option for individual or smaller builders who rely on this review in
lieu of obtaining sealed engineered plans.
Ms. Cathey stated staff could implement an express review that would enable
builders who have invested in engineered plans to skip the staff’s residential plan review.
Engineered plans range in cost from approximately $600 to $800 depending on the house.
Staff would still be responsible for permitting and inspections, but it would be a quicker
process. An express review would be similar to several options currently offered by
Environmental Health. Applicants can expedite the site evaluation process by obtaining the
services of a Professional Engineer or a Licensed Soil Scientist, who have the option of
submitting proposals to Environmental Health in accordance with regulatory requirements.
Ms. York said the express plan would give contractors the option to expedite or not. Ms.
Cathey added Durham County charges $300 for the express plan review and Wake County
charges $600 for the express plan review.
Simultaneous Review
Currently, Ms. Cathey noted the permitting process required approval from three
different departments, with changes potentially made at each step. If Inspections staff begin
reviewing plans before Environmental Health and/or Zoning approve them, they may
spend time evaluating certain components that will change during the prior approval steps.
When Energov is operational, staff will be able to share information through the system,
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which will help to speed up the process. With the current paper-based system, it is difficult
to share plans that may be updated in different departments prior to approval and keep up
with the workflow simultaneously.
Commissioner Sims stated it may be hard to fill the full-time positions and asked if
Person County was competitive with surrounding areas to which Ms. Cathey said the
County’s Human Resources Department was reviewing salary information.
A motion was made by Commissioner Sims and carried 5-0 to authorize new
positions to be recruited immediately to have in place by July 1, 2021 at competitive
salaries with a hiring bonus, as needed: 1) an Environmental Health Specialist and 2) a
Chief Building Inspector, and, to seek to hire an experienced contractor(s) or part-time
temporary employee(s) to assist with the permitting process during the recruitment and
training period for new full-time employees allocating $10,000 in Fiscal Year 2021 to
compensate these workers as well as implement the Residential and Express Plan review
at no additional charge.
RECOMMENDED CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS
2022-2026:
County Manager, Heidi York and Finance Director, Amy Wehrenberg presented
the Recommended Capital Improvement Plan (CIP) for Fiscal Years 2022-2026 that was
was presented to the Board on April 5, 2021 for adoption. Ms. York stated the adoption
of this CIP will allocate funding for the priority projects for the County, Person County
Schools, and Piedmont Community College for Fiscal Year 2021-2022. The document
also sets the priorities of projects for future fiscal years, although funding is appropriated
on an annual basis and the plan is reviewed annually. The total amount proposed for Fiscal
Year 2022 is $2.46M from the County’s General Fund. Ms. York confirmed the CIP could
be revised at any time.
A motion was made by Commissioner Gentry and carried 5-0 to adopt the Capital
Improvement Plan for Fiscal Years 2022-2026 with $2.46M budget for Fiscal Year 2022,
as presented.
A copy of the Person CIP is hereby incorporated into these minutes by reference
and a copy of the Adopted CIP will be on file in the Clerk to the Board of Commissioners’
Office.
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REVIEW OF THE BOARD’S RULES OF PROCEDURE:
Commissioner Gentry presented the current Rules of Procedure for the Board of
Commissioners that was last updated and adopted on March 23, 2020. The original version
of the Board’s Rules of Procedure was adopted on December 17, 1984 and contained the
provision that “the board may, by majority vote, add an item that is not on the agenda.”
This provision is also included in the model Rules of Procedure created by the School of
Government for which Person County’s Rules of Procedure are based. These Rules
remained unchanged until August 4, 1997, when then-Chairman Hurdle made a motion to
amend the Rules of Procedure that was approved 4/1 as follows:
The County Manager shall not accept any item for placement on an agenda, nor shall any
item otherwise be added to the agenda, unless it is accompanied by a short and plain
synopsis succinctly summarizing the matter to be considered by the Board of
Commissioners and the action, if any, requested of the Board.
In 2000, the Board of Commissioners approved Rules of Procedure that revised the
language to read as it did originally “the board may, by majority vote, add an item to the
agenda” to again be consistent the Second Edition of Suggested Rules of Procedure for
Small Local Government Boards from the School of Government.
Chairman Powell requested the County Attorney, Ellis Hankins to address
Commissioner Gentry’s request to amend the Board’s Rules of Procedure to which Mr.
Hankins confirmed the Board can amend its rules at any time with a majority vote; he
suggested when an item was added to the agenda that commissioners may ask questions to
have a more informed decision.
A motion was made by Commissioner Gentry and failed 2-3 to amend its Rules of
Procedure that the County Manager shall not accept any item for placement on the agenda,
nor shall any item otherwise be added to the agenda, unless it is accompanied by a short
and plain synopsis succinctly summarizing the matter be considered by the Board of
Commissioners and the action, if any, requested of the Board. Commissioners Gentry and
Palmer voted in favor of the motion. Chairman Powell, Vice Chairman Puryear and
Commissioner Sims voted in opposition to the motion.
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CHAIRMAN’S REPORT:
Chairman Powell said it was National Small Business Week and urged citizens to
support small businesses within our community.
MANAGER’S REPORT:
County Manager, Heidi York provided a reappraisal report from the Tax
Administrator, Russell Jones related to notices mailed to citizens with a decision after
review to their appeal for their new tax value. The notice included detailed information on
how to appeal formally to the Board for Equalization and Review. The total appeals
received was 596, compared to 3,500 for the 2013 reappraisal. The tax office has reviewed
all but 11 appeals noting they will be provided an appraisal shortly but were delayed due
to waiting on the taxpayer to provide information.
The County’s Special Board of Equalization and Review convened its meeting to
start accepting appeals on May 3, 2021 at 9:00am, and will adjourn for the acceptance of
appeals on May 24, 2021 at 9:00am. The 2013 appeal process resulted in approximately
500 appeals and based on the current 2021 information the tax office believes around 85
appeals may be heard by the Special Board of Equalization and Review. Appeals with
value changes are based on net taxable value, so they do not reflect new applications for
deferred value (PUV), new senior/disabled exemptions, etc.
COMMISSIONER REPORT/COMMENTS:
Commissioner Gentry commented the need for foster care in Person County noting
there was double the number of children requiring foster care since pre-COVID-19.
Commissioner Palmer asked his fellow commissioners to speak louder into the
microphone or to remove the face mask when speaking as it was hard for him to understand
everything that was being discussed.
There were no reports from Vice Chairman Puryear or Commissioner Sims.
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CLOSED SESSION #1
A motion was made by Commissioner Sims and carried 5-0 to enter into Closed
Session at 9:53pm 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, Economic Development
Director, Sherry Wilborn, County Attorney, Ellis Hankins, Jordan Jones, UNC School of
Government Development Finance Initiative and Economic Development Commission
Chairman, Phillip Allen.
The Closed Session #1 was called to order at 9:55pm.
A motion was made by Commissioner Gentry and carried 5-0 to return to open
session at 10:34pm.
CLOSED SESSION #2
A motion was made by Commissioner Gentry and carried 5-0 to enter into Closed
Session at 10:36pm 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, Economic Development Director, Sherry Wilborn and County Attorney, Ellis
Hankins.
The Closed Session #2 was called to order at 10:37pm.
A motion was made by Commissioner Gentry and carried 5-0 to return to open
session at 10:50pm.
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ADJOURNMENT:
A motion was made by Commissioner Sims and carried 5-0 to adjourn the meeting
at 10:51pm.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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PERSON COUNTY BOARD OF COMMISSIONERS MAY 17, 2021
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Heidi York, County Manager
Kyle W. Puryear Brenda B. Reaves, Clerk to the Board
C. Derrick Sims 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 17, 2021 at 9:00am in the Person County Office Building
Auditorium.
Chairman Powell called the meeting to order and recognized the County Attorney
for an announcement. County Attorney, Ellis Hankins announced the provisions of the
Governor’s Executive Order No. 215 now allows individuals to attend public events, such
as this County Commissioners’ meeting without face coverings and without the previous
social distancing requirement. He added that the Person County Board of Commissioners
did not add to those restrictions imposed by the Governor and by the Governor’s removal
of those requirements thereby removes those restrictions locally without further action by
the Board of Commissioners.
Chairman Powell offered an invocation and Commissioner Sims led the group in
the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Powell requested the need to add Closed Session #2 to the agenda
relating to economic development.
A motion was made by Commissioner Sims and carried 5-0 to add Closed Session
#2 to the agenda and to approve the agenda as adjusted.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mr. John Seepe of 277 Barefoot Landing Lane, Semora spoke of the benefit of the
recent presentation by Mr. Joe Hines related to the opportunities for the Mega Park site.
He said he had not heard anything regarding the status of the RFP released for the economic
development shell building nor had he heard about the question Commissioner Palmer
inquired related to school funds. Mr. Seepe addressed the permitting process as discussed
at the last Board’s meeting noting no one could answer the question related to when the
new software system, Energov, would be up and running.
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Ms. Janna Kisner of 200 Semora Road, Roxboro, and a member of the Friends of
the Parks stated her full and enthusiastic support of proposed Falls Watershed Regulations
Interim Alternative Implementation Approach possible projects as it is an opportunity for
Person County to capitalize on the outdoor beauty, green space for the community’s health
and wellbeing noting parks and trails are underestimated.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Sims and carried 5-0 to approve the
Consent Agenda with the following items:
A. Budget Amendments #16 and #17,
B. Home & Community Care Block Grant Funding Revision 2020-2021 for the Dept.
of Social Services for a total of $38,627 for In-Home Aid Level II and III Personal
Care, and
C. Timberlake Firefighters’ Relief Fund Board of Trustees Appointment
NEW BUSINESS:
BROADBAND UPDATE – RIVERSTREET NETWORKS:
Assistant County Manager, Katherine Cathey stated at the Board’s Retreat, the
Board asked to hear updates from providers in Person County; she noted the Board had
heard updates from Spectrum and CenturyLink and would now hear an update from
RiverStreet Networks regarding their current deployment of broadband service across
Person County as well as their future goals for broadband service expansion.
Ms. Cathey introduced Mr. Bill Shillito, Business Development Manager for
RiverStreet Networks, who attended the meeting remotely and would present information
on the following topics:
Woodland, Mt. Tirzah, Bethel Hill and Bushy Fork towers and public wi-fi hotspots
are fully operational.
Currently in the process of establishing the final public wi-fi hotspot (Uptown
Roxboro location).
Leasing space on Oak Lane Tower (owned by American Tower) near Hyco Lake.
Constructing new tower in southeastern Person County.
Mr. Shillito shared the following presentation with the group:
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When asked about filling the gaps for those residents that are unserved or
underserved, Commissioner Gentry asked Mr. Shillito what could be done to which he
stated a mini access point was an option that could provide access to services for up to six
households each.
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Vice Chairman Puryear asked Mr. Shillito about the service range and Mr. Shillito
noted the need for a clear line of sight of 2.5 to 3 miles. Mr. Shillito further noted they
would assess on site with a test to determine if service was available.
Vice Chairman Puryear asked Mr. Shilllito if there were anyone preventing
increased coverage to which Mr. Shillito said in his experience there were more efforts to
reduce the barriers for more signals.
Chairman Powell stated he get more reports of unhappy customers of CenturyLink
and asked if there was any suggestions to help improve access to better services.
Commissioner Gentry stated one effective way to get providers to respond was to log an
online complaint on the FCC web site.
ADVANCED TECHNOLOGY CENTER FOR PIEDMONT COMMUNITY
COLLEGE:
Dr. Pamela Senegal, President of Piedmont Community College (PCC) shared the
following presentation to update the Board of Commissioners on the feasibility study and
PCC’s plans that are underway to identify funding in support of an Advanced Technology
Center (ATC) for economic and workforce development in the region.
Dr. Senegal recognized members of the PCC Board of Trustees, present in the
audience, Ron Booker, Tanya Evans and Phillip Allen.
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Chairman Powell mentioned the SEMI model used to which Dr. Senegal confirmed
PCC was awarded a grant for a semi-conductor curriculum.
Commissioner Gentry asked Dr. Senegal about the timeline whether to acquire
property for the site or to refurbish existing facilities. Dr. Senegal stated PCC was at a
pivot point at this time noting a recent donation site required vetting for its potential. She
added the Fall of 2024 would be the proposed open date should they pursue new
construction. Dr. Senegal noted the facility study did not recommend renovating on campus
facilities and it was cost prohibitive but an option if their plan for a new facility did not
come to fruition.
Commissioners Palmer and Gentry inquired about trades and courses offered at the
college. Dr. Senegal stated PCC’s model included five areas to meet the workforce needs
of the region, which are Business, Advanced Manufacturing, Information Technology, Arts
& Sciences and Public Safety. Dr. Senegal explained courses such gun-smithing could be
pursued for a degree or an elective class opportunity.
Commissioner Palmer asked about PCC’s enrollment to which Dr. Senegal noted
was low due to COVID but was projected to be around 1,200 currently.
County Manager, Heidi York said the ATC was not funded in her recommended
budget noting without a site or plans, she could not appropriate funds. Dr. Senegal said
that site acquisition and engineer design plans are the next steps as she was reviewing
funding for the project.
Chairman Powell suggested to have further Board discussions in a budget work
session.
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RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT
BETWEEN THE STATE OF NORTH CAROLINA AND LOCAL
GOVERNMENTS ON PROCEEDS RELATING TO THE SETTLEMENT OF
OPIOID LITIGATION:
County Manager, Heidi York stated that Person County was one of seventy-six
counties that have joined state and national litigation efforts by filing lawsuits against
companies for the manufacturing, marketing, promotion, and distribution of prescription
opioid drugs. Working with the State, Person County staff and attorneys are hopeful that a
National Settlement Agreement will be forthcoming along with proceeds from a related
bankruptcy resolution. She added NC was projected to receive $850M to be paid over an
18-year period to support state and local efforts to address the epidemic. Ms. York said
that former Person County Attorney, Ron Aycock has remained involved in the litigation
efforts as Special Counsel on behalf of Person County.
Mr. Aycock presented a Resolution approving the Memorandum of Agreement
between the State of North Carolina and local governments on proceeds relating to the
Settlement of Opioid litigation that governs how NC would use its share of opioid
settlement funds to be transparent and accountable. Mr. Aycock who also serves on the NC
5/5/5 committee comprised of five elected officials, five attorneys and five county
managers that recommended the agreement as proposed.
Under the NC Memorandum of Agreement all settlement funds would be directed
as follows:
15% to the State (for strategies to address the epidemic,)
80% to local governments through a formula developed by attorneys involved in
the national litigation (for strategies to support programs and services to address
the epidemic,) and
An additional 5% into an incentive fund for any county in which all
municipalities within the county with a population of 10,000 or more also signs
the NC Memorandum of Agreement (Note: Person County will receive the
additional 5% but Roxboro should still be requested to agree to the MOA to avoid
a reduction in funds in the future should they meet the population threshold.)
Mr. Aycock stated counties are being asked to sign the Resolution as soon as
possible to increase the percentage of opioid settlement funds that come to North Carolina.
Commissioner Palmer asked if the Board had discretion in appropriating the funds,
for example, to law enforcement, to which Mr. Aycock stated the general answer is no as
the reason for the lawsuit was to fund prevention, remediation and treatment of and related
to the use of opioids. Mr. Aycock added there will be an approved list of services to which
the funding can be used.
County Attorney, Ellis Hankins recommended along with Mr. Aycock to approve
the resolution and MOA before them.
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A motion was made by Commissioner Sims and carried 5-0 to adopt a Resolution
approving the Memorandum of Agreement between the State of North Carolina and local
governments on proceeds relating to the Settlement of Opioid litigation.
Mr. Aycock commented that the City of Roxboro did not meet the population
criteria for the opioid litigation; however, he suggested the County work with the City of
Roxboro to sign the MOA in case the city’s population reaches a rate that would make
them eligible. County Manager, Heidi York stated she would reach out to the City
Manager.
The Resolution approving the M emorandum of Agreement between the State of
North Carolina and local governments on proceeds relating to the Settlement of Opioid
litigation follows:
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The Memorandum of Agreement referenced in the foregoing resolution is
incorporated into these minutes by referenced and are filed in the Office of the Clerk to the
Board.
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FALLS WATERSHED REGULATIONS – INTERIM ALTERNATIVE
IMPLEMENTATION APPROACH POSSIBLE PROJECTS:
Planning Director, Lori Oakley provided some background with the Board noting
in the summer of 2012, Person County adopted the Falls Watershed Stormwater Ordinance
for New Development in the southern portion of Person County in order to comply with
state watershed regulations. The regulations require adherence to two stages of nutrient
reductions – Stage 1 and Stage 2.
Ms. Oakley added that since 2018, the Upper Neuse River Basin Association
(UNRBA) has been exploring an alternative option for achieving compliance with Stage I
Existing Development nutrient load reductions required by the Falls rules for watershed
requirements and in early 2021, the Interim Alternative Implementation Approach (IAIA)
was approved by the state. The IAIA does not utilize the traditional individual nutrient
load (pounds of nitrogen and phosphorus) reduction based tracking system, but rather
proposes an investment based compliance system focused on the entire watershed as an
avenue to meet the required standards. In other words, rather than counting pounds reduced
in individual jurisdictions the IAIA counts dollars invested into the overall health of the
watershed.
In November 2020, the Person County Board of Commissioners voted to participate
in the IAIA program, which includes an annual financial commitment of $114,394 over a
5-year period totaling $571,970. The start date for qualified projects or investments for the
IAIA is July 1, 2021.
Ms. Oakley told the Board that several county departments met to identify potential
sites that would comply with the IAIA requirements; the Stormwater Team included
Commissioner Gentry, Assistant County Manager, Katherine Cathey, John Hill, Director
of Recreation, Arts and Parks, Planning Director, Lori Oakley, Planner I, Angela Blount,
GIS Manager, Sallie Vaughn, and Soil & Water Manager, Nancy McCormick.
The three sites identified were:
“County Farm” site located off of Onie Burton Road (Parcel A76-15),
Land adjacent to the Rock Athletic Complex, formerly known as the “Sportsplex”
(Parcels 118-18 and 118-10), and
Land adjacent to Hurdle Mills Park (Parcel A32-54.)
Each of these sites represent unique opportunities for the county to meet the IAIA
requirements through the following eligible IAIA activities:
Creation of parks, trails and paths with water quality benefits and a focus on
environmental education,
Floodplain restoration and reconnection,
Stream and riparian buffer restoration and enhancement, and
Pet waste pickup education and waste management stations.
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John Hill, Director of Recreation, Arts and Parks shared the following presentation:
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Mr. Hill shared digital maps of each of the proposed sites.
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Mr. Hill highlighted the benefits to the community from eligible IAIA projects
include increased community involvement, improved community health and wellbeing and
increased tourism levels and economic development opportunities through amenities such
walking/hiking trails, bicycling, and canoe/kayaking.
Mr. Hill requested the Board to select a site (or multiple sites) for FY 2021/2022 in
order for staff to begin working on fulfilling the requirements of participation in the IAIA
program. Mr. Hill recommended the “County Farm” site based on the number of eligible
IAIA activities and the benefits that it will provide to the County.
Commissioner Gentry asked what was the timeline for a functioning park; Ms.
Oakley said it would be two-three months for the planning and public hearing process
noting the first step was to gain access to the site(s), i.e., a recreational easement to the
County Farm property and/or land acquisition in regard to the properties adjacent to the
Sportsplex and Hurdle Mill Park along with an engineered plan.
A motion was made by Commissioner Palmer and carried 5-0 to proceed with the
Falls Watershed Regulations Interim Alternative Implementation Approach possible
projects as presented.
A motion was made by Commissioner Gentry and carried 5-0 to recess for a break
at 11:48am. The meeting was reconvened at 11:57am.
PRESENTATION OF THE FISCAL YEAR 2021-2022 RECOMMENDED
BUDGET:
North Carolina General Statutes require that on or before June 1, the County
Manager to present a recommended budget for the next fiscal year to the Board of
Commissioners. County Manager, Heidi York provided the Board with copies of the
budget document for review. Ms. York shared the following presentation as an overview
of her Recommended Budget:
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Chairman Powell voiced his concern that Education rated fourth in overall
expenditures.
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CHAIRMAN’S REPORT:
Chairman Powell stated his preference to move the Board of Commissioners’
meeting back to their boardroom 215. Clerk to the Board, Brenda Reaves reminded the
Board that its joint meeting with the Board of Education would need to take place in the
Auditorium as well as the Budget Public Hearing to accommodate the public. The Board
took no action related to its meeting schedule.
MANAGER’S REPORT:
County Manager, Heidi York reported she would be sending out a communication
to the county workforce related to the recent Governor’s Executive Order noting there are
departments that would require face coverings, i.e., transportation services, jail services
and of course, health department services.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Puryear reported the acceptance of tax value appeals would close
on May 24, 2021 at 9:00am; he added the Board of Equalization and Review would be
meeting in the Economic Development conference room.
There were no reports from Commissioners Gentry, Sims or Palmer.
CLOSED SESSION #1
A motion was made by Commissioner Sims and carried 5-0 to enter into Closed
Session at 12:35pm 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, Economic Development Director, Sherry Wilborn and County Attorney, Ellis
Hankins.
Chairman Powell called Closed Session #1 to order at 12:36pm.
A motion was made by Commissioner Sims and carried 5-0 to return to open
session at 12:43pm.
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CLOSED SESSION #2
A motion was made by Commissioner Sims and carried 5-0 to enter into Closed
Session at 12:45pm 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, Economic Development Director, Sherry Wilborn and County Attorney, Ellis
Hankins.
Chairman Powell called Closed Session #2 to order at 12:46pm.
A motion was made by Commissioner Sims and carried 5-0 to return to open
session at 12:54pm.
RECESS:
A motion was made by Commissioner Sims and carried 5-0 to recess the meeting
at 12:55pm until 5:00pm on May 24, 2021 in the County Auditorium for a joint meeting
with the Board of Education.
Despite the motion to recess the May 17, 2021 meeting to May 24, 2021, as the
Board of Commissioners’ intent was to meet at 5:00pm jointly with the Board of Education,
Commissioner Gentry requested the meeting to be rescheduled and therefore, both boards
accommodated the request and cancelled the May 24, 2021 meeting at 5:00pm. A notice
of cancelled meeting was distributed and posted.
ADJOURNMENT:
Without a quorum present at 5:00pm on May 24, 2021 to call the recessed meeting
to order, Chairman Powell moved to adjourn the meeting at 5:01pm.
_____________________________ ______________________________
Brenda B. Reaves Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
131
6/7/2021
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 65,320
Public Safety 91,410
Culture & Recreation 1,000
REVENUES General Fund
Fund Balance Appropriation 157,730
Explanation:
BUDGET AMENDMENT
Allocation of CARES Act funds for the following: tent rental expense in General Services for temperature scans at the
Courthouse ($4,500), generator for Grounds Maintenance ($3,000), wet/dry vacuum for General Services ($980),
transfer switches and generator for Animal Services ($7,000), purchase of tent for the Courthouse ($5,000), three dog
boxes to increase holding areas in Animal Services ($41,617), bulletproof vests for EMS responders ($38,514); four
communication radios for Animal Services ($11,279), Person County website redesign ($35,000), public desktops for
Library ($9,840), and sanitizing supplies for the summer program in Parks & Recreation ($1,000).
BA-18132
6/7/2021
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
General Government 27,202
Public Safety 10,040
Human Services 45,152
Culture & Recreation 38,774
Transfer to Other Funds 61,490
REVENUES General Fund
Intergovernmental Revenues 56,097
Charges for Services 179,253
Other Revenues 48,854
Investment Earnings 7,200
Fund Balance Appropriation (108,746)
EXPENDITURES Economic Catalyst Special Revenue Fund 52,000
REVENUES Economic Catalyst Special Revenue Fund
Transfer from Other Funds 52,000
EXPENDITURES Capital Improvement Project Fund
County Projects 9,490
REVENUES Capital Improvement Project Fund
Transfer from Other Funds 9,490
Explanation:
BUDGET AMENDMENT
Receipt of insurance claims for debris removal at various parks, damages to buildings/structures and fiber repairs due to
the February 2021 ice storm ($41,917); reciept of funds in IT for the trade-in of recycled cell phones ($3,771); transferring
funds from the General Fund ($39,500) and ITS Fund ($12,500) to the Economic Catalyst Fund for incentive payments to
RiverStreet as part of their public-private partnership with Person County for broadband expansion; transferring available
funds from the ITS Fund ($9,490) and remaining Fiber Project (-$3,761) to the Enhanced LEC Camera project in the CIP
($13,251); appropriating fund balance ($27,800) and recognizing interest revenues ($7,200) to cover DMV Collection Fees
in the Tax Department; reducing fund balance appropriation in recognition of additional revenues received for Register of
Deeds fees ($21,968), planning & zoning fees ($32,052), Sheriff's fees ($10,492), Inmate Telephone ($5,364), and Solid
Waste Host fees ($72,170); received supplemental funding from NCDPS-JCPC for the Roots & Wings program ($845);
reducing fund balance appropriation (-$34,000) due to excess revenues received for Concealed Weapon Permits
($34,000); donations received for Sheriff's Department ($100), Animal Services ($1,645), Parks & Recreation ($806) and
Mayo ($1,265); reduction in Shop w/Sheriff donation to correct duplicate posting (-$650); amending excess fees received
for maintenance services at Mayo Park ($3,207); recognize RACE-CARS (Randomized Cluster Evaluation of Cardiac
Arrest System) grant for EMS from Duke University ($8,100) which will fund the data collection efforts necessary to assist
with implementation of effective systems that will improve cardiac arrest survival rates; receipt of Environmental Health
Grant funds ($6,091); recognize LSTA grant ($2,000) received for the Library; adjustment to DSS LIEAP program
($39,061); and transfer portion of remaining budget at Schools' request from South Elementary Window Replacements (-
$37,430) to a new project for South Elementary Paving ($37,430).
BA-19133
AGENDA ABSTRACT
Meeting date:
June 7, 2021
Agenda Title:
American Rescue Plan Act (ARPA) Grant Project Ordinance Resolution
Summary of Information:
The Finance Director is submitting a Grant Project Ordinance Resolution for the
anticipated receipt of almost $7.7M from the American Rescue Plan Act (ARPA),
providing funding to state and local governments to assist with pandemic rescue and
recovery efforts.
All funding must be obligated by the end of calendar year 2024 and spent by the end
of calendar year 2026, which requires the establishment of a new fund for purposes of
managing all associated revenues and expenditures incurred due to receipt of the
Coronavirus State and Local Fiscal Recovery Funds.
Recommended Action:
Adopt the attached Grant Project Ordinance Resolution as recommended.
Submitted By:
Amy Wehrenberg, Finance Director
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GRANT PROJECT ORDINANCE RESOLUTION
RELATING TO PERSON COUNTY’S
AMERICAN RESCUE PLAN ACT GRANT
WHEREAS, the American Rescue Plan Act (ARPA) signed into law on March 11, 2021,
provides funding to state and local governments to assist with pandemic rescue and
recovery efforts; and
WHEREAS, the pandemic has dramatically impacted the local economy, including local
government revenues; and,
WHEREAS, Person County is expecting to receive an estimated $7.7 million of ARPA
funding; and,
WHEREAS, all funding must be obligated by the end of calendar year 2024 and spent by
the end of calendar year 2026; and,
WHEREAS, the Board of Commissioners deems it to be in the best interest of the County
and the additional revenue from the ARPA will significantly aid in the County’s pandemic
rescue and recovery efforts.
NOW THEREFORE, BE IT RESOLVED BY THE PERSON COUNTY BOARD OF
COMMISSIONERS THAT:
1. The County accepts funding from the American Rescue Plan Act (ARPA) estimated
to be $7.7 million million or any other dollar amount as may be granted to Person
County under the ARPA;
2. The Board of Commissioners shall review and approve specific programs and/or
activities developed to carry out eligible activities;
3. ARPA funds will be used in compliance with provisions of the ARPA and other
directives issued by the US Treasury Department of other federal agencies;
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4. The County Manager is authorized to enter into any grant agreement or other
agreement, certifications, and conditions necessary to secure ARPA funds;
5. A Special Revenue Fund entitled “American Rescue Plan Act” is to be established
for the purpose of accounting for these funds;
6. Current fiscal year 2020-21 Special Revenue Fund budget shall be amended to
include ARPA revenues with the expected amount of $7,670,470 million and
appropriated in reserve for activities that meet the eligibility criteria under this Act;
7. Copies of this grant project ordinance resolution shall be furnished to the Clerk to
the Governing Board, and to the Budget Officer and Finance Director for direction
in carrying out this project; and
8. This Ordinance is effective upon adoption by the Person County Board of
Commissioners.
Adopted this 7th day of June 2021.
__________________________________ __________________________________
Gordon Powell, Chairman Brenda B. Reaves
Person County Board of Commissioners Clerk to the Board
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AGENDA ABSTRACT
Meeting Date: June 7, 2021
Agenda Title: Joint Use Agreement Renewal: Person County Recreation, Arts,
and Parks Department and the Person County Board of Education
Summary of Information:
This is a request for renewal of the facility joint use agreement between the Person
County Recreation, Arts, and Parks Department and the Person County Board of
Education. This Joint Use Agreement has been in place since 2006 and is very
beneficial to both the Person County School System and the Person County Recreation,
Arts, and Parks Department because it allows Person County citizens access to
additional program and recreational space. These documents have been reviewed and
updated by the Person County School attorney and the Person County attorney. These
updated agreements have been approved and adopted by the Person County Board of
Education.
Updates include: Insurance requirements, removal of the Person County Learning
Academy, addition of the NC State Sex Offender Registry guideline requirements,
grammatical formatting, and additional legal terminology.
Recommended Action:
Approval from the Board of Commissioners and signature from the Chairman of the Board
of Commissioners.
Submitted By: John A. Hill, Director of Recreation, Arts, and Parks Department
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Lease and Joint Use Agreement – RA&P/Lease Agreements 1
NORTH CAROLINA
PERSON COUNTY
LEASE AND JOINT USE AGREEMENT
FOR RECREATION AREAS LOCATED ON PCS CAMPUSES
THE LEASE AND JOINT USE AGREEMENT, made and entered into this First
day of July, 2021, by and between the Person County Board of Commissioners (hereinafter
the “County”), and the Person County Board of Education, a body corporate of the State of
North Carolina (hereinafter referred to as the “Board”):
WITNESSETH:
WHEREAS, the County and Board wish to work together to develop joint
school/park facilities for the recreational use of the residents of the community; and
WHEREAS, the County has requested that the Board grant it permissive use of the
recreation areas located on the Earl Bradsher Pre-School Center campus, the Person
County Learning Academy campus, the Northern Middle School campus, the Person High
School campus, and the Southern Middle School campus, described in Exhibits A through
ED attached; (collectively, the “Joint Use Property”); and
WHEREAS, the Board finds that the use of the Joint Use Property is not necessary
for public school purposes at all times after normal school hours during the term of the
Agreement and that the use of the Joint Use Property by the County is in furtherance of the
principles of the Community Schools Act; and
WHEREAS, the parties hereto have mutually agreed to the terms of this Agreement
as hereinafter set out;
NOW, THEREFORE, pursuant to N.C.G.S. Sec. 115C, Article 13; Sec. 115C-518;
Sec. 115C-524 and Sec. 160A-274 and in consideration of such other mutual promises and
covenants as hereinafter are contained, the Board and the County do hereby agree as
follows:
1. Property. The Board grants leases to the County a license to use, pursuant to the
terms of this Agreement, the recreation areas on the Earl Bradsher Pre-School Center
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Lease and Joint Use Agreement – RA&P/Lease Agreements 2
campus, Person County Learning Academy campus, the Northern Middle School
campus, the Person High School campus, and the Southern Middle School campus,
being the Joint Use Property, as described in the exhibits to this Agreementabove.
2. Term. This Agreement shall be for a period of five (5) years from July 1, 2021 and
shall terminate on June 30, 2026.
3. Maintenance. County shall be responsible for the following items of maintenance and
repair of the Joint Use Property: maintaining the ball playing fields during times of use
for County Parks and Recreation Department league games which is approximately
from March 15 through August 15 of each year and maintenance and clean-up of the
concession stands, bleacher areas, and field areas during this period and following each
County use. Board shall be responsible for all other maintenance or repair that is not
related to County’s use, including replacement lights at Person High School and
Southern Middle School. Board agrees to inspect for safety the lights, bleachers, and
concession stands at least annually.
4. Utilities. The County shall be responsible for the cost of all utilities for the ball fields
at Person County Learning Academy, Person High, and Southern Middle Schools. The
Board shall be responsible for the cost of all other utilities necessary for the use of the
Joint Use Property.
5. Liability. The County shall maintain at all times during the term of this Agreement, at
its sole expense, liability insurance in the minimum amounts of
$1,000,000.00500,000.00 in the case of injury to one person, $12,000,000.00 in the
case of injury to more than one person in the same occurrence, and
$250,000.00500,000.00 in the case of damage to property caused by the negligence or
tort of any agent or employee of the County when acting within the scope of his
authority or the course of his employment in performing the activities encompassed
within this agreement or about the Joint Use Property. To the extent permitted by law,
Tthe County shall indemnify, protect and save harmless the Board from and against
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Lease and Joint Use Agreement – RA&P/Lease Agreements 3
loss or damage to any equipment or improvements placed by it on the Joint Use
Property when said loss or damage does not result from the Board’s maintenance or
use of the property. The County agrees that the Board is authorizing the use of the
Joint Use Property pursuant to this Agreement only to the extent permitted by G.S.
115C-524(c), and Iin accordance with G.S. 115C-524, the Board shall not be liable for
injuries or death of any persons suffered by reason of the County’s use or maintenance
of the Joint Use Property. To the extent permitted by law, the County shall also
indemnify, protect, and hold harmless the Board, its agents, and employees from and
against claims or damages, including attorney’s fees, caused by the negligence or
intentional wrongdoing of the County’s agents, invitees, contractors, or employees.
6. Insurance. The County shall furnish the Board with evidence of all insurance policies
required by this Agreement annually by July 1. The policies shall provide that the
insurance shall not be canceled or coverage reduced without the insurance carrier
giving thirty (30) days written notice to the Board. The Board shall be named as
additional insured to all insurance policies required by the Agreement.
7. Enhancements. The Board may make any enhancements, modifications, renovations,
or new construction on the Joint Use Property as necessary for educational
programming needs. The Board may make such enhancements, modifications,
renovations, or new construction in its sole discretion and without approval from the
County; however, the Board shall notify County that it is making such improvements.
The County shall be responsible for any enhancements, modifications, renovations, or
new construction that is necessary to meet County’s needs. The County agrees to plan
and coordinate with the Board the construction of any improvements or structures on
the Joint Use Property and to proceed with such improvements only after receiving
prior written approval by the Board or Board’s designee. The Board reserves the right
to disapprove such plans, but approval of such plans shall not unreasonably be
withheld. Any such plans disapproved by the Board shall not be implemented by the
County, and any approved plans shall be completed and maintained at County’s
expense.
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Lease and Joint Use Agreement – RA&P/Lease Agreements 4
8. Application of Board Policies. The County agrees that the use of the Joint Use
Property by the County or under its auspices shall be governed by all relevant Board
policies relating to the use of school facilities, including, but not limited to, Board
policies prohibiting the use or possession of alcohol or other controlled substances on
school grounds. County also agrees that its use shall be consistent with the proper care
and preservation of public school property.
9. Ownership Interest in Improvements. All improvements of the property shall be the
property of the Board; however, if the Board decides to dispose of the Joint Use
Property during the term of the Agreement, the County shall be entitled to remove
improvements placed thereon by the County.
10. Administrative Control and First Priority Use for Board’s School-Related Events.
The Board and the County hereby agree that during school hours the Superintendent of
the Person County Schools System or his designee shall have administrative control of
the use of the Joint Use Property and the scheduling of events thereon. The
Superintendent may determine in his sole discretion whether and when to close the
Joint Use Property due to inclement weather, and the County agrees to comply with
any decision regarding closure of the Joint Use Property on such occasions. Both
during and after school hours, and that the Board’s school-related uses shall have first
priority, provided, however, that the Superintendent or his designee shall coordinate
with the appropriate agent of the County in scheduling school-related activities after
school hours.
11. Second Priority Use for County. The Board hereby agrees that when Joint Use
Properties are not being used and are not needed for school purposes, Joint Use
Properties may be used for non-school community activities by the County. By way of
illustration such times may be during summer vacation, during school holidays, during
weekends, in the afternoons and evenings and at such other times when used by a non-
school group would not interfere with the maintenance or use of the Joint Use Property
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Lease and Joint Use Agreement – RA&P/Lease Agreements 5
for school purposes. All non-school community use of said facilities by the County
must be approved by the Board, provided, however, the Board hereby delegates the
right of such approval to the Superintendent or his designee. When using the Joint Use
Property, County agrees to provide appropriate supervision.
12. Scheduling Cooperation. The Board or its designated agent shall plan with the
County and its designated agent(s) to ensure maximum recreational use of Joint Use
Property during those times when they are not used and not needed for school
purposes.
13. Sex Offender Registry Checks. Before any County employee or volunteer has direct
interaction with students or comes on Joint Use Property under this Agreement, and
annually beginning after the effective date of this Agreement, County shall conduct a
check of each such employee or volunteer on the State Sex Offender and Public
Protection Registration Program and the State Sexually Violent Predator Registration
Program (together, the "State Registration Programs") as well as the National Sex
Offender Registry (the "National Registry"). For County’s convenience only, all of the
required registry checks may be completed at no cost by accessing the United States
Department of Justice Sex Offender Public Website at http://www.nsopw.gov/. No
County employee or volunteer who is found listed on either the State Registration
Programs or the National Registry as a result of the above-referenced searches shall be
allowed to access Joint Use Property under this Agreement. County shall also take
reasonable efforts to prohibit individuals on either the State Registration Programs or
the National Registry from accessing Joint Use Property pursuant to this Agreement.
13.14. Fees. The County agrees to pay the Board the sum of One Dollar ($1.00) per year
for use of the rental of Joint Use Property, the first year’s feerent is payable upon the
execution of this instrument and each subsequent year’s fee rent shall be payable in
advance on or before July 1 of each subsequent year.
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Lease and Joint Use Agreement – RA&P/Lease Agreements 6
15. Termination. The parties reserve the right to terminate this agreement upon thirty
(30) days written notice to the other party or for substantial violation of the terms and
conditions herein provided.
16. Non-Assignment. County may not assign this Agreement. County may use Joint Use
Property only as provided in this Agreement.
17. Entire Agreement. County agrees that this document constitutes the entire agreement
between the parties and may only be modified by a written mutual agreement signed by
the parties. To the extent that there is any conflict between the terms of this Agreement
and any prior understanding or agreement between the parties, the terms of this
Agreement shall control.
14.
15. Any holding over after the expiration of the term hereof, without the consent of the
Board, shall be construed to be a tenancy at will at the rents herein specified, so far as
applicable. However, no holding over shall result in the waiver, loss or diminution of
any of the Board’s rights either under the terms of this Agreement or under applicable
law.
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Lease and Joint Use Agreement – RA&P/Lease Agreements 7
IN WITHESS THEREOF, the Person County Board of Education has caused this
agreement to be signed in its name by its Chairman, attested by its Secretary, and
sealed with its corporate seal, and the County has caused this Agreement to be singed
in its name by its Chairman, attested by its Clerk and sealed with its official seal, and
all authority duly given, the day and year first above written.
PERSON COUNTY PERSON COUNTY
BOARD OF EDUCATION BOARD OF COMMISSIONERS
BY: __________________________ BY: __________________________
Chairman Chairman
ATTEST ATTEST
_______________________________ _____________________________
Secretary Clerk to the Board
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
_____________________________________________
County Finance Officer
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Lease and Joint Use Agreement – RA&P/Lease Agreements 8
LEASE AND JOINT USE AGREEMENT EXHIBITS
EXHIBIT A Person County Learning Academy located at 361 Virgilina
Road, Roxboro NC, 27573
EXHIBIT BA Northern Middle School recreation area includes the
baseball/softball field, gym, and football field.
EXHIBIT CB Southern Middle School recreation area includes the
baseball/softball field, gym, and football field.
EXHIBIT DC Person High School recreation area includes only the football
stadium, the baseball field, the softball field, gyms, and the
tennis courts.
EXHIBIT ED Earl Bradsher Pre-School Center recreation area includes the
soccer field, and gym/auditorium.
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NORTH CAROLINA
PERSON COUNTY
LEASE AND JOINT USE AGREEMENT
FOR COUNTY RECREATION AREAS
THIS LEASE AND JOINT USE AGREEMENT, made and entered into this first day of July,
2021, by and between the Person County Board of Commissioners (hereinafter the “County”),
and the Person County Board of Education, a body corporate of the State of North Carolina,
(hereinafter referred to as the “Board”).
WITNESSETH:
WHEREAS, the County and the Board wish to work together to develop joint
school/park facilities for the recreational use of the residents of the community; and
WHEREAS, the Board has requested that the County grant it permissive use of the
recreation areas located at Olive Hill Park, Longhurst Park, Allensville Park, Hurdle Mills Park,
Mt. Tirzah Park, Huck Sansbury Recreation Complex and Annex, Mayo Park Facilities including
the Environmental Education and Community Center and Amphitheater and the Kirby Civic
Auditorium and Gallery in Person County, North Carolina, (collectively, including any
improvements or facility located thereon, the Joint Use Property).
WHEREAS, the parties hereto have mutually agreed to the terms of this Agreement as
hereinafter set out;
NOW, THEREFORE, in consideration of the mutual promises and covenants as
hereinafter are contained, the Board and the County do hereby agree as follows:
1. Property. The County grants leases to the Board a license to use, pursuant to the
terms of this Agreement, the Joint Use Properties for use by the Board such times and for such
durations as said facilities are not required for County use.
2. Term. This Agreement shall terminate on June 30, 2026.
3. Maintenance. County shall be responsible for basic maintenance and repair of the
Joint Use Properties; however, Board agrees to provide adequate repairs for damages caused to
the Joint Use properties as a direct result of their use by the Board. The Board shall be
responsible for providing lines as needed for Board use on the various playing fields.
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4. Liability. The Board shall maintain at all times during the term of this Agreement, at
its sole expense, liability insurance in the minimum amounts of $500,000.001,000,000.00 in case
of injury to one person, $21,000,000.00 in the case of injury to more than one person in the same
occurrence, and $250,000.00500,000.00 in the case damage to property caused by the negligence
or tort of any agent or employee of the Board when acting within the scope of his authority or the
course of his employment in performing the activities on or about the Joint Use Property. To the
extent allowed by law, and except for any claims, damages, liabilities or expenses arising from or
out of the negligent or willful acts or omissions of County, its employees, or agents, Tthe Board
shall indemnify the County from and against any claims for injury or loss to person or property
arising out ofdirectly caused by the Board’s use, supervision, or maintenance of the Joint Use
Property. To the extent permitted by law, Tthe Board shall indemnify, protect and save harmless
the County from and against loss or damage to any equipment or improvements placed by the
Board on the Joint Use Property when said loss or damage does not result from the County’s
maintenance or use thereof. The County shall not be liable for injuries to death of any persons
suffered by reason of the Board’s use or maintenance of the Joint Use Property.
5. Insurance. The Board shall furnish the County with evidence of all insurance
policies required by the Agreement annually by July 1. The policies shall provide that the
insurance shall not be canceled or coverage reduced without the insurance carrier giving thirty
(30) days written notice to the County. The County shall be named as additional insured on all
insurance policies required by this agreement.
6. Enhancements. The Board shall be responsible for any enhancements,
modifications, renovations, or new construction that is necessary to meet the Board’s needs. The
Board agrees to plan and coordinate with the County the construction of any improvements or
structures on the Joint Use Property. The county reserves the right to disapprove any such plans,
but approval of such plans shall not unreasonably be withheld. Any such plans disapproved by
the County shall not be implemented by the Board, and any approved plans shall be completed
and maintained at Board’s expense.
7. Application of County Policies. The Board agrees that the use of the Joint Use
Property by the Board or under its auspices shall be governed by all relevant County policies
relating to the use of County property. The Board also agrees that its use shall be consistent with
the proper care and preservation of County property
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8. Ownership Interest in Improvements. All improvements on or to Joint Use
Property shall be the property of the County; however, if the County decides to dispose of the
Joint Use Property during the term of the Agreement the Board shall be entitled to remove
improvements placed thereon by the Board.
9. Administrative Control and First Priority Use for County Recreation
Department Activities. The Board and the County hereby agree that the Person County Director
of Parks and Recreation or his designee shall have administrative control of the use of the Joint
Use Property and the scheduling of events thereon and that County Recreation Department uses
shall have first priority, provided, however, that the Parks and Recreation Director or his
designee shall coordinate with the appropriate agent of the Board in scheduling school-related
activities.
10. Second Priority Use for Board. The County hereby agrees that when Joint Use
Properties are not being used and are not needed for County recreation purposes, they may be
used for school activities by the Board, and the Board will have second priority for such use.
However, Person County Director of Parks and Recreation or his designee may determine in his
sole discretion whether and when to close the Joint Use Property due to inclement weather, and
the Board agrees to comply with any decision regarding closure of the Joint Use Property on
such occasions. All school use of said facilities by the Board must be approved by the County,
the County Manager, County Parks and Recreation Director or his designee. When using the
Joint Use Property, Board agrees to provide appropriate supervision.
11. Fees. The Board agrees to pay to the County the sum of One Dollar ($1.00) per year
for the rentaluse of the Joint Use Property, all feesrent shall be paid upon the execution of this
instrument and each subsequent year’s feerent shall be payable on or before July 1st of each
subsequent year.
12. Termination. Each party reserves the right to terminate this Agreement upon thirty
(30) days written notice to the other party, or for a substantial violation of the terms and
conditions herein provided.
16. Non-Assignment. Board may not assign this Agreement. Board may use Joint
Use Property only as provided in this Agreement.
17. Entire Agreement. Board agrees that this document constitutes the entire
agreement between the parties and may only be modified by a written mutual agreement signed
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by the parties. To the extent that there is any conflict between the terms of this Agreement and
any prior understanding or agreement between the parties, the terms of this Agreement shall
control.
13. Any holding over after the expiration of the term hereof, without the consent of the
County, shall be construed to be a tenancy at will at the rents herein specified, so far as
applicable. However, no holding over shall result in the waiver, loss or diminution of any of the
County’s rights either under the terms of this Agreement or under applicable law.
IN WITNESS THEREOF, the Person County Board of Education has caused this
agreement to be signed in its name by its Chairman, attested by its Secretary, and sealed with its
corporate seal, and the County has caused this Agreement to be signed in its name by its
Chairman, attested by its Clerk and sealed with its official seal, and by all authority duly given,
the day and year first above written.
PERSON COUNTY PERSON COUNTY
BOARD OF EDUCATION BOARD OF COMMISSIONERS
BY: ___________________________ BY: __________________________
Chairman Chairman
ATTEST: ATTEST:
________________________________ _____________________________
Secretary Clerk to the Board
This instrument has been preaudited in the manner required by the School Budget and Fiscal
Control Act.
_____________________________________________
School Finance Officer
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AGENDA ABSTRACT
Meeting Date: June 7, 2021
Agenda Title: Morgan Street Roadway Reconfiguration
Summary of Information: Reports of speeding have long been received by NCDOT along
this section of road in town. The context of the road is a mix of
residential/school/park/offices. There are several driveways accessing the road as well as
several intersections with many local streets. In recent years, NCDOT has constructed a
mini-roundabout in an effort to help slow speeds along this corridor as well as address a
crash problem at the intersection of Long Ave. There are also sidewalks on both sides of
the street as well as several mid-block crosswalks.
There is currently over 30 feet of pavement and the road is striped with three lanes. The
proposal is to consider restriping this road during the resurfacing project in the next 18
months to eliminate the center turn lane and introduce either on-street parking or bike lanes
to help reduce the “wide” feel of the road, which is known to cause speeding. Below are
two concepts that show the cross-section of the road which could be applied here. The
below cross-section that shows on-street parking in this application could not include the
bike lanes due to there not being enough pavement.
162
Roadway reconfigurations similar to this have been implemented across the country on like
roads and have yielded great success. Studies have shown improved safety as well as
reduced speeds. Capacity would not be changing with this recommendation, only the loss
of the center turn lane. Where vehicles currently have a lane to wait to make a left and not
block traffic, will now block traffic. This is usually considered an acceptable trade-off for the
benefits, but it is something to consider with this change.
Below is a link to the FHWA’s informational site on this process:
https://safety.fhwa.dot.gov/road_diets/guidance/info_guide/
Recommended Action: Recommend consideration of roadway reconfiguration
application for traffic calming along the section of Morgan St from Semora Road to Chub
Lake St.
Submitted By: John Sandor, District Engineer, NCDOT – Division Five
163
AGENDA ABSTRACT
Meeting Date: June 7, 2021
Agenda Title: Animal Services Advisory Committee
Summary of Information: The Animal Services Advisory Committee requests that the Board of
Commissioners establish term limits for four citizen-at-large vacancies, effective July 1, 2021. The
advisory committee requests that citizen positions 1 (Kay Farrell) and 2 (Cindy Martin) initially be a
two-year term, and citizen positions 3 (Heath Gill) and 4 (Cathy Williams) be a three-year term,
beginning July 1, 2021. A three-year term limit would apply to all members appointed to citizen
positions after July 1, 2021. Upon approval, the term limit provisions will be added to the Animal
Services Advisory Committee Rules of Procedure.
Recommended Action: Approval of advisory committee term limits.
Submitted By: Kelli Oakley, Animal Services Director
164