The URL can be used to link to this page

01-06-2020 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 January 6, 2020 7:00pm CALL TO ORDER………………………………………………….. Chairman Jeffers INVOCATION PLEDGE OF ALLEGIANCE DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA PUBLIC HEARING: ITEM #1 Petition RZ-02-19 Request by Justus Realty, LLC for a Rezoning/Map Amendment from Residential to Rural Conservation on 10 acres Tax Map & Parcel 141-2 located on 100 Perkins Drive ………………… Lori Oakley ITEM #2 Consideration to Grant or Deny Request by Justus Realty, LLC for a Rezoning/Map Amendment from Residential to Rural Conservation on 10 acres Tax Map & Parcel 141-2 located on 100 Perkins Drive …………………………………………………… Chairman Jeffers 1 PUBLIC HEARING: ITEM #3 Petition TA-03-19 Request by Planning Staff to Enact General Revisions to the County Planning Ordinance Articles VII, X, XIII, XIV, and Appendix B, including renumbering and definitions, to provide consistency with the NC General Statues and Clarity ……… Lori Oakley CONSIDERATION TO GRANT OR DENY REQUEST ITEM #4 Consideration to Grant or Deny Request by Planning Staff to Enact General Revisions to the County Planning Ordinance Articles VII, X, XIII, XIV, and Appendix B, including renumbering and definitions, to provide consistency with the NC General Statues and Clarity …………………………………………………………… Chairman Jeffers PUBLIC HEARING: ITEM #5 Petition TA-04-19 Request by Planning Staff to amend Article 2, Definitions and Article 6 Legal Status Provisions of the Flood Damage Prevention Ordinance of Person County in order to Revise two incorrect dates ………………………………………………… Lori Oakley CONSIDERATION TO GRANT OR DENY REQUEST ITEM #6 Consideration to Grant or Deny Request by Planning Staff to amend Article 2, Definitions and Article 6 Legal Status Provisions of the Flood Damage Prevention Ordinance of Person County in order to revise two incorrect dates ……………………………… Chairman Jeffers 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 #7 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.Approval of Minutes of December 2, 2019, B.Budget Amendment # 12, C.Proclamation In Support of National Radon Action Month in Person County, D.Resolution Supporting 100th Anniversary of the 19th Amendment, E.Fiscal Year 2020 ROAP allocations for PATS, Senior Center and Person Industries, and F.Certificate of Clerk re: Approval of Tax-Exempt Loan to Triple Springs Volunteer Fire Department from Roxboro Savings Bank 2 UNFINISHED BUSINESS: ITEM #8 Fire Marshal Position ………………………………………………………. Heidi York NEW BUSINESS: ITEM #9 Telamon Corp Submission of Fiscal Year 2020-2021 Community Services Block Grant Application ………………....... Shatarra Williams ITEM #10 Authorization to Execute a 20-year Indefeasible Right to Use Agreement for Two Strands of Surplus Dark Fiber with Riverstreet, Inc…………………………………………………………... Chris Puryear ITEM #11 Resolution Amending the Person County Airport Commission for a Change in Membership …………………………………………….. Chairman Jeffers ITEM #12 2020 Commissioner Committee Assignments …………………….. Chairman Jeffers ITEM #13 Appointments to Boards and Committees ……………………………. Brenda Reaves 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. 3 PERSON COUNTY PLANNING AND ZONING DEPARTMENT 325 S. Morgan Street Suite B Roxboro, North Carolina 27573 December 20th, 2019 NOTICE OF PUBLIC HEARING The Person County Board of Commissioners will hold a public hearing on Monday, January 6th, 2020 at 7:00 p.m. in Room 215 of the Person County Office Building at 304 South Morgan Street, Roxboro, North Carolina to hear the following: 1.Petition RZ‐02‐19 ‐ A request by Justus Realty, LLC for a rezoning/map amendment from R (Residential) to RC (Rural Conservation) on 10 acres (Tax Map & Parcel 141‐2) located at 100 Perkins Drive. 2.Petition TA‐03‐19 ‐ A request by the Person County Planning staff to enact general revisions to the Person County Planning Ordinance Articles VII, X, XIII, XIV, and Appendix B, including renumbering and definitions, to provide consistency with the North Carolina General Statutes and clarity. 3.Petition TA‐04‐19 ‐ A request by the Person County Planning Department staff to amend Article 2 Definitions and Article 6 Legal Status Provisions of the Flood Damage Prevention Ordinance of Person County in order to revise two incorrect dates. 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 to 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. ‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐ Please run in the legal section of the Courier Times on December 25th, 2019 and January 1st, 2020. Please invoice: Person County Planning & Zoning Dept., 325 S. Morgan St. Suite B, Roxboro, NC 27573. 4 Person CountyBoard of CommissionersJanuary 6th, 20205 RezoningRZ-02-196 RezoningRZ-02-19 – Explanation of RequestPetition RZ-02-19 is a request by Justus Realty, LLC for a rezoning/map amendment from R(Residential) to RC (Rural Conservation) on10 acres (Tax Map and Parcel 141-2) at 100Perkins Drive.7 RZ-02-19Aerial Map8 RZ-02-19Zoning Map9 RZ-02-19FLUM Map10 RezoningRZ-02-19 – Zoning and Land Use• The property is currently zoned R (Residential). According to Article VII Section 70 of thePerson County Planning Ordinance:The purpose of this district is to provide for single family residential uses and compatible development.• The proposed zoning district is RC (Rural Conservation). According to Article VII Section70 of the Person County Planning Ordinance:The purpose of this district shall be to provide for only limited land use controls in areas with limitednonagricultural development.11 RezoningRZ-02-19 – Comprehensive PlanThe Person County Land Use Plan identifies the proposed site as Suburban Residential.Suburban Residential is defined as:Residential land uses including subdivisions and manufactured home parks at densities of 1-3 dwelling unitsper acre; commercial, office, industrial, public/institutional uses meeting locational criteria. Locational criteriafor nonresidential uses within this land use category would include frontage and access to a major Statehighway or secondary road, proximity to similar uses and spatial separation from non-compatible uses suchas existing residential development. Land uses within this category could develop with or without publicsewer.12 RezoningRZ-02-19 – Comprehensive PlanAppendix O of the Land Use Plan lists goals and objectives for the county including thefollowing:2.0 Goal: Provide a strong local planning environment that supports and enhances the economicgrowth potential of Person County.2.1 Objective: Promote continued economic investment through retention and expansion of existingindustrial concerns and the recruitment of new industries and commercial businesses.2.2 Objective: Encourage well-planned commercial establishments to provide necessary goods andservices to area employers and residents.13 RezoningRZ-02-19 – Planning Staff Analysis and RecommendationThe applicant is requesting a general rezoning from R (Residential) to RC (Rural Conservation). Therequested rezoning is consistent with the Person County Land Use Plan and abuts RC zoning to theeast and south.Planning staff recommends approval of the proposed general rezoning RZ-02-19 based on the PersonCounty Land Use Plan and the Future Land Use Map contained within the Land Use Plan. Thiszoning is a general rezoning request, and therefore, no conditions can be placed on the approval andno site plans can be approved with the request.14 RezoningRZ-02-19 – Reasonableness and Consistency StatementReasonableness and Consistency Statement: The request is consistent with the Person County LandUse Plan and future planning goals of the county, isreasonable, and in the public interest as it meetsseveral objectives listed in the Person County Land Use Plan.15 RezoningRZ-02-19– Planning Board Recommendation from December 12th, 2019 MeetingBoard voted 6-0 to approve the requested rezoning RA-02-19 in its proposed state.16 Text AmendmentTA-03-1917 Text AmendmentTA-03-19 – Explanation of RequestPetition TA-03-19 is a request by the Person County Planning staff to enact general revisionsto the Person County Planning Ordinance. Staff is requesting minor amendments to ArticleVII, X, XIII, XIV, and Appendix B, including renumbering and definitions. This will provideconsistency with the North Carolina General Statutes and clarity for those who utilize thisordinance.18 Text AmendmentTA-03-19 – Requested Ordinance ChangesModify findings of fact to provide consistency with Special Use PermitsARTICLE VIISection 73 - Procedure for Conditional Use Permits Approved by the Board of Adjustment…In approving the permit, the Board of Adjustment shall find: (Amended 8-7-00; 11/17/2003; 1/X/2020)(a) That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved.(b) That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with comprehensive plan.(1) That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved(2) That the use meets all required conditions and specifications(3) That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity, and(4) That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with comprehensive plan.Staff Changes:Removed TextAdded Text19 Text AmendmentTA-03-19 – Requested Ordinance ChangesProvide clarification on when stoops, decks, and steps may encroach into setbacksARTICLE VII Section 75 – Table of Dimensional RequirementsNotes: 6. Unenclosed Uncoveredstoops, decks and steps may extend into any required yard area no more than one half the required yard depth or width for lots without central water and sewer and with central water except no encroachment will be allowed adjacent to US or NC Highways. (Added 8/4/2008;Amended 1/X/2020).ARTICLE X Section 101 – Continuation of Nonconforming Uses101-2 Any structure existing at the time of adoption of this Ordinance which does not comply with setback or yard requirements, or which exceeds height requirements, may be continued in use but shall not be enlarged or extended unless such extensions or enlargement comply with all the provisions of this ordinance. No encloseduncoveredportion of a building may be enclosedcoveredif the setback or height requirements are not met. (Amended 6/3/2013; 1/X/2020)APPENDIX B DEFINITIONS(Amended 10/2/17; 1/X/2020)Uncovered: Not covered by a roof or other covering.Staff Changes:Removed TextAdded Text20 Text AmendmentTA-03-19 – Requested Ordinance ChangesRenumber Article XIII to Prevent Overlap with Article XIIARTICLE XIII Section 130 135– Zoning Enforcement Officer Section 131136– Zoning PermitSection 132137– Permit of Occupancy/ComplianceSection 133138– Right of AppealStaff Changes:Removed TextAdded Text21 Text AmendmentTA-03-19 – Requested Ordinance ChangesRevise the quorum needed for Board of Adjustment to approve variances and other quasi-judicial matters and for the board of adjustment to reverse any order, requirement, decision, or determination of an administration officer charged with the enforcement of any provision of this ordinance.ARTICLE XIV Section 142 – Powers and Duties of the Board of AdjustmentSection 143 – Board of Adjustment ProceduresStaff Changes:Removed TextAdded TextVariances (142-1)Other Quasi-Judicial Matters (142-1)Reversing Orders, Requirements, Decisions, or Determinations of an Administration Officer (143-4)Current4/5 of members 4/5 of members4/5 of membersProposed4/5 of membersMajority of membersMajority of members22 Text AmendmentTA-03-19 – Planning Staff Analysis-Proposed amendment provide consistency with state statute and clarity for those who use the ordinance-Amendments to Article VII modify the findings of fact required for conditional use permits. Currentrequirements do not ensure that adequate evidence is presented for conditional use permit approval.-Amendments to Articles VII, X, and Appendix B amendand add language to clarify when stoops, decks,and steps may encroach into setbacks. Current language is unable to be adequately enforced ormonitored.-Amendments to Article XIII renumber existing sections to correct current numbering discrepancies andoverlap.-Amendments to Article XIV modify the voting requirements for the Board of Adjustment for various mattersto align with current North Carolina General Statute.23 Text AmendmentTA-03-19 – Planning Staff RecommendationPlanning Staff recommends approval of TA-03-19. Staff is requesting minor amendments to theordinance, including renumbering and definitions. This will provide consistency with the North CarolinaGeneral Statute and clarity for those who utilize this ordinance.24 Text AmendmentTA-03-19 – Reasonableness and Consistency StatementReasonableness and Consistency Statement: The request is consistent with the PersonCounty Land Use Plan and future planning goals of the county, is reasonable, and in thepublic interest as it meets several objectives listed in the Person County Land Use Plan.25 Text AmendmentTA-03-19– Planning Board Recommendation from December 12th, 2019 MeetingBoard voted 6-0 to approve the requested text amendment TA-03-19 in its proposed state.26 Text AmendmentTA-04-1927 Text AmendmentTA-04-19 – Explanation of RequestPetition TA-04-19 is a request by the Person County Planning Department staff to amend Article 2 Definitionsand Article 6 Legal Status Provisionsof the Flood Damage Prevention Ordinance of Person County in order to revise two incorrect dates. 28 Text AmendmentTA-04-19 – Requested Ordinance ChangesARTICLE 2. DEFINITIONS.Existing building and existing structure” means any building and/or structure for which the “start of construction” commencedbefore September 14,February 19,1990, the initial effective date of the floodplain management regulations adopted by thecommunity.ARTICLE 6. LEGALSTATUS PROVISIONS.SECTIONA. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGEPREVENTION ORDINANCE.This ordinance in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinanceenacted February 19, 1990 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce withoutinterruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may beenforced. The enactment of this ordinance shall not affect any action, suit or proceeding instituted or pending. All provisions ofthe flood damage prevention ordinance of Person County enacted on February 1819, 1990, as amended, which are not reenactedherein are repealed.Staff Changes:Removed TextAdded Text29 Text AmendmentTA-04-19 – Planning Staff RecommendationPlanning Staff recommends approval of TA-04-19 in order to revise two incorrect dates.30 Text AmendmentTA-04-19 – Reasonableness and Consistency StatementThis text amendment request is consistent with the Comprehensive Plan and futureplanning goals of Person County. It is reasonable and in the public interest as it willprovide clear and concise regulations in the Flood Damage Prevention Ordinance andensure Person County remains compliantwith federal guidelines and enable at-riskproperties to participate in the National Flood Insurance Program.31 Text AmendmentTA-04-19– Planning Board Recommendation from December 12th, 2019 MeetingThe Planning Board voted 6-0 to approve the requested text amendment TA-04-19 in its proposed state.32 Person CountyBoard of CommissionersJanuary 6th, 202033 1 AGENDA ABSTRACT Meeting Date: January 6, 2020 Agenda Title: Petition RZ-02-19 Public Hearing for a request from Justus Realty, LLC for a rezoning/map amendment from R (Residential) to RC (Rural Conservation) on 10 acres (Tax Map & Parcel 141-2) located at 100 Perkins Drive. The proposed rezoning/map amendment requires legislative review by the Board at a public hearing. The NC General Statutes requires that when reviewing a text amendment, the board also include with their motion a statement as to whether the proposed text amendment is reasonable and consistent. Summary of Information: Currently, the subject property contains a vacant industrial building that is approximately 51,000 square feet and a parking lot. The property is zoned R (Residential). The Person County Land Use Plan identifies the site as Suburban Residential, which allows for commercial uses. Appendix O of the Land Use Plan lists goals and objectives for the county including the following: 2.1 – Promote continued economic investment through retention and expansion of existing industrial concerns and the recruitment of new industries and commercial businesses. 2.2 – Encourage well-planned commercial establishments to provide necessary goods and services to area employers and residents. The applicant is requesting a general rezoning from R (Residential) to RC (Rural Conservation). The requested rezoning is consistent with the Person County Land Use Plan and abuts RC (Rural Conservation) zoning to the east and south. According to Article VII Section 70 of the Person County Planning Ordinance, the purpose of the RC District shall be to provide for only limited land use controls in areas with limited nonagricultural development. 34 2 Planning Staff Recommendation: Planning staff recommends approval of the proposed general rezoning RZ-02-19 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 December 12th, 2019 meeting of the Planning Board, the Board voted 6-0 to recommend approval of RZ-02-19 and also included the following Statement of Reasonableness and Consistency: The request is consistent with the Person County Land Use Plan and future planning goals of the county, is reasonable, and in the public interest as it meets several objectives listed in the Person County Land Use Plan. Recommended Action: Vote to approve or deny the requested rezoning. The Board must also include a Statement of Reasonableness and Consistency with the motion. Submitted By: Lori Oakley, Planning Director 35 RZ‐02‐19 Staff Analysis BOC January 6th, 2020 1 Rezoning Request RZ‐02‐19 Perkins Drive Justus Realty, LLC EXPLANATION OF THE REQUEST Petition RZ‐02‐19 is a request Justus Realty, LLC for a rezoning/map amendment from R (Residential) to RC (Rural Conservation) on 10 acres (Tax Map & Parcel 141‐2) located at 100 Perkins Drive. LOCATION & CURRENT LAND USE Currently, the subject property contains a vacant industrial building that is approximately 51,000 square feet and a parking lot. The property is zoned R (Residential). Condition and land use of the surrounding properties are: To the West – Woodlands zoned R (Residential). To the North – A series of single family dwellings Zoned R (Residential). To the East – Woodlands zoned RC (Rural Conservation) To the South – A solar farm zoned RC (Rural Conservation) EXISTING ZONING AND LAND USE The property is currently zoned R (Residential). According to Article VII Section 70 of the Person County Planning Ordinance: The purpose of this district is to provide for single family residential uses and compatible development. The property is currently contains a vacant industrial building that is approximately 51,000 square feet and a parking lot. COMPREHENSIVE LAND USE PLAN The Person County Land Use Plan identifies the proposed site as Suburban Residential. Suburban Residential is defined as: Residential land uses including subdivisions and manufactured home parks at densities of 1‐3 dwelling units per acre; commercial, office, industrial, public/institutional uses meeting locational criteria. Locational criteria for nonresidential uses within this land use category would include frontage and access to a major State highway or secondary road, proximity to similar uses and spatial separation from non‐compatible uses such as existing residential development. Land uses within this category could develop with or without public sewer. 36 RZ‐02‐19 Staff Analysis BOC January 6th, 2020 2 Appendix O of the Land Use Plan lists goals and objectives for the county including the following: 2.0 Goal ‐ Provide a strong local planning environment that supports and enhances the economic growth potential of Person County. 2.1 Objective ‐ Promote continued economic investment through retention and expansion of existing industrial concerns and the recruitment of new industries and commercial businesses. 2.2 Objective ‐ Encourage well‐planned commercial establishments to provide necessary goods and services to area employers and residents. PLANNING STAFF ANALYSIS & RECOMMENDATION The applicant is requesting a general rezoning from R (Residential) to RC (Rural Conservation). The requested rezoning is consistent with the Person County Land Use Plan and abuts RC zoning to the east and south. According to Article VII Section 70 of the Person County Planning Ordinance, the purpose of the RC district shall be to provide for only limited land use controls in areas with limited nonagricultural development. Planning staff recommends approval of the proposed general rezoning RZ‐02‐19 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. REASONABLENESS AND CONSISTENCY STATEMENT The Board of Commissioners is required to make a motion on the Reasonableness and Consistency statement. Reasonableness and Consistency Statement: The request is consistent with the Person County Land Use Plan and future planning goals of the county, is reasonable, and in the public interest as it meets several objectives listed in the Person County Land Use Plan. PLANNING BOARD RECOMMENDATION At the December 12th, 2019 meeting of the Planning Board, the Board voted unanimously (6‐0) to recommend approval of RZ‐02‐19 and also included the following Statement of Reasonableness and Consistency: The request is consistent with the Person County Land Use Plan and future planning goals of the county, is reasonable, and in the public interest as it meets several objectives listed in the Person County Land Use Plan. Submitted by: Kayla DiCristina, Planner 37 $350.00 10/18/2019 RZ-02-19 38 39 141 2 141 4141 1 141 363 1063 66 3 463 963 863 263 763 2563 34 63 2263 2363 2463 1663 2163 2063 1963 2663 1863 1763 33 6 3 3 6 Perkins DrCavel C h u b L a k e R d Bowling RdKitten Hill RdSource: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA,USGS, AeroGRID, IGN, and the GIS User Community Aerial MapRZ 02-19100 Perkins Drive 141-2 Roads ¯0 0.05 Miles40 141 2 141 4141 1 141 363 1063 66 3 463 963 863 263 763 2563 34 63 2263 2363 2463 1663 2163 2063 1963 2663 1863 1763 33 6 3 3 6 Perkins DrCavel C h u b L a k e R d Bowling RdKitten Hill RdZoning MapRZ 02-19100 Perkins Drive 141-2 Roads ¯0 0.05 Miles Person County Zoning Zoning Classification R: Residential B-1: Highway Commercial B-2: Neighborhood Shopping GI: General Industrial R-C: Rural Conservation AP: Airport Overlay 41 141 2 141 4141 1 141 363 1063 66 3 463 963 863 263 763 2563 34 63 2263 2363 2463 1663 2163 2063 1963 2663 1863 1763 33 6 3 3 6 Perkins DrCavel C h u b L a k e R d Bowling RdKitten Hill RdFLUM MapRZ 02-19100 Perkins Drive Roads 141-2 ¯0 0.05 Miles Person County FLUM Future Land Use Industrial O&I Commercial Rural Residential/Agricultural RuralRes/Agricultural Poor Soils Suburban Residential 42 1 AGENDA ABSTRACT Meeting Date: January 6, 2020 Agenda Title: Petition TA-03-19 Public Hearing for a request by the Person County Planning staff to enact general revisions to the Person County Planning Ordinance. Staff is requesting minor amendments to Article VII, X, XIII, XIV, and Appendix B, including renumbering and definitions. The proposed text amendment requires legislative review by the Board at a public hearing. The NC General Statutes requires that when reviewing a text amendment, the board also include with their motion a statement as to whether the proposed text amendment is reasonable and consistent. Summary of Information: The proposed amendments to the Planning Ordinance intend to provide consistency with state statutes and clarity. The amendments requested to Article VII modify the findings of fact required for conditional use permits. The proposed findings of fact for conditional use permits are identical to those that are used to grant special use permits per the Person County Planning Ordinance. The proposed findings of fact for conditional use permits will provide clarity and consistency with the special use permit findings and ensure that adequate evidence is presented for conditional use permits. The amendments to Articles VII, X, and Appendix B amend and add language to clarify when stoops, decks, and steps may encroach into required setbacks. The amendments requested to Article XIII ensure consistency by renumbering existing sections to correct current discrepancies. The amendments requested to Article XIV modify voting requirements for the Board of Adjustment in regards to variances, other quasi-judicial matters, and to reverse any order, requirement, decision, or determination of an administration officer charged with the enforcement of any provision of the Planning Ordinance to align with current legislation. 43 2 Planning Staff Recommendation: Planning Staff recommends approval of TA-03-19. Staff is requesting minor amendments to Article VII, X, XIII, XIV, and Appendix B, including renumbering and definitions. This will provide consistency with the North Carolina General Statutes and clarity for those who utilize this ordinance. Planning Board Recommendation: At the Planning Board meeting on December 12th, 2019, the board voted 6-0 to approve the requested text amendment TA-03-19 as proposed and also included the following Statement of Reasonableness and Consistency: The request is consistent with the Person County Land Use Plan and future planning goals of the county, is reasonable, and in the public interest as it meets several objectives listed in the Person County Land Use Plan. Recommended Action: Vote to approve or deny the requested rezoning. The Board must also include a Statement of Reasonableness and Consistency with the motion. Submitted By: Lori Oakley, Planning Director 44 TA-03-19 Staff Analysis BOC January 6th, 2020 1 Text Amendment TA-03-19 General Planning Ordinance Revisions EXPLANATION OF THE REQUEST Petition TA-03-19 is a request by the Person County Planning staff to enact general revisions to the Person County Planning Ordinance. Staff is requesting minor amendments to Article VII, X, XIII, XIV, and Appendix B, including renumbering and definitions. This will provide consistency with the North Carolina General Statutes and clarity for those who utilize this ordinance. REQUESTED ORDINANCE CHANGES Modify the findings of fact to provide consistency with special use permits. ‐ Article VII Section 73 (see attached language) - Modify the findings of fact for a conditional use permit to provide consistency with special use permits. Provide clarification on when stoops, decks, and steps may encroach into setbacks ‐ Article VII Section 75 (see attached language) - Language was amended to provide clarification on when stoops, decks, and steps may encroach into required setbacks. ‐ Article X Section 101 (see attached language) - Language was amended to provide clarification on when stoops, decks, and steps may encroach into required setbacks. ‐ Appendix B Definitions (see attached language) - A definition for uncovered was added. Renumber Article XIII to prevent overlap with Article XII ‐ Article XIII Section 130 (see attached language) - Sections were renumbered to remove overlap with Article XII. ‐ Article XIII Section 131 (see attached language) - Sections were renumbered to remove overlap with Article XII. ‐ Article XIII Section 132 (see attached language) - Sections were renumbered to remove overlap with Article XII. ‐ Article XIII Section 133 (see attached language) - Sections were renumbered to remove overlap with Article XII. Revise the quorum needed for specific Board of Adjustment actions ‐ Article XIV Section 142 (see attached language) - Modified voting requirements for the Board of Adjustment to approve variances and other quasi-judicial matters to align with 160A-388 of the NC General Statutes. ‐ Article XIV Section 143 (see attached language) - Modified voting requirements for the Board of Adjustment to reverse any order, requirement, decision, or determination of an administration officer charged with the enforcement of any provision of the Planning Ordinance to align with 160A-388 of the NC General Statutes. 45 TA-03-19 Staff Analysis BOC January 6th, 2020 2 PLANNING STAFF ANALYSIS The proposed amendments to the Planning Ordinance intend to provide consistency with state statutes and clarity. The amendments requested to Article VII modify the findings of fact required for conditional use permits. The proposed findings of fact for conditional use permits are identical to those that are used to grant special use permits per the Person County Planning Ordinance. The proposed findings of fact for conditional use permits will provide clarity and consistency with the special use permit findings and ensure that adequate evidence is presented for conditional use permits. The amendments to Articles VII, X, and Appendix B amend and add language to clarify when stoops, decks, and steps may encroach into required setbacks. The amendments requested to Article XIII ensure consistency by renumbering existing sections to correct current discrepancies. The amendments requested to Article XIV modify voting requirements for the Board of Adjustment in regards to variances, other quasi-judicial matters, and to reverse any order, requirement, decision, or determination of an administration officer charged with the enforcement of any provision of the Planning Ordinance to align with current legislation. PLANNING STAFF RECOMMENDATION Planning Staff recommends approval of TA-03-19. Staff is requesting minor amendments to Article VII, X, XIII, XIV, and Appendix B, including renumbering and definitions. This will provide consistency with the North Carolina General Statutes and clarity for those who utilize this ordinance. REASONABLENESS AND CONSISTENCY STATEMENT The text amendment request is consistent with the Person County Land Use Plan and future planning goals of the county, is reasonable, and in the public interest as it meets several objectives listed in the Person County Land Use Plan. PLANNING BOARD RECOMMENDATIOM At the Planning Board meeting on December 12th, 2019, the board voted 6-0 to approve the requested text amendment TA-03-19 as proposed and also included the following Statement of Reasonableness and Consistency: The request is consistent with the Person County Land Use Plan and future planning goals of the county, is reasonable, and in the public interest as it meets several objectives listed in the Person County Land Use Plan. Submitted by: Kayla DiCristina, Planner 46 47 48 TA-03-19 Proposed Staff Amendments BOC January 6th, 2020 Proposed Staff Amendments to the Person County Planning Ordinance Staff Modifications/Additions underlined in red (text removed if italicized and crossed out) Modify The Findings Of Fact To Provide Consistency With Special Use Permits. ARTICLE VII Section 73-Procedure for Conditional Use Permits Approved by the Board of Adjustment 73-1 A Conditional Use Permit may be issued by the Person County Zoning Administrator after approval by the Board of Adjustment. The application for a Conditional Use Permit shall accompany the application for a zoning permit and/or Certificate of Occupancy/Compliance. The Zoning Administrator shall require signs to be posted on the property according to Section 160-4. The application for the Conditional Use Permit shall be filed four (4) weeks prior to the date of review by the Board of Adjustment. In approving the permit, the Board of Adjustment shall find: (Amended 8-7-00; 11/17/2003; 1/X/2020) (a) That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved. (b) That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with comprehensive plan. (1) That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved; (2) That the use meets all required conditions and specifications; (3) That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity, and (4) That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with comprehensive plan. Provide Clarification On When Stoops, Decks, And Steps May Encroach Into Setbacks. ARTICLE VII Section 75-Table of Dimensional Requirements Notes: 6. Unenclosed Uncovered stoops, decks and steps may extend into any required yard area no more than one half the required yard depth or width for lots without central water and sewer and with central water except no encroachment will be allowed adjacent to US or NC Highways. (Added 8/4/2008; Amended 1/X/2020). 49 TA-03-19 Proposed Staff Amendments BOC January 6th, 2020 ARTICLE X Section 101 - Continuation of Nonconforming Uses 101-2 Any structure existing at the time of adoption of this Ordinance which does not comply with setback or yard requirements, or which exceeds height requirements, may be continued in use but shall not be enlarged or extended unless such extensions or enlargement comply with all the provisions of this ordinance. No enclosed uncovered portion of a building may be enclosed covered if the setback or height requirements are not met. (Amended 6/3/2013; 1/X/2020) APPENDIX B Definitions (Amended 10/2/17; 1/X/2020) Uncovered: Not covered by a roof or other covering. Renumber Article XIII to Prevent Overlap with Article XII Article XIII Section 130 135 - Zoning Enforcement Officer 130-1 135-1 The Zoning Enforcement Officer who shall be appointed by the Person County Board of Commissioners is duly charged with the enforcement of the provisions of this ordinance. If the Zoning Enforcement Officer finds that any of the provisions of this ordinance are being violated, he shall notify in writing the person(s) responsible for such violations, indicating the nature of the violation and ordering the action(s) necessary to correct it. He shall also take any other action authorized by this ordinance to ensure compliance with or to prevent violation of its provisions. Section 131 136 - Zoning Permit (Amended 11-18-91, 3/17/97) 131-1 136-1Unless otherwise stated in this ordinance, no building, structure (a sign is considered a structure) or any part thereof designed or intended to be used for other than farm or agricultural purposes, shall be erected or altered until Zoning permit has been issued by the Zoning Administrator or authorized representative. (Amended 3/17/97) 131-2 136-2 Each application for a Zoning Permit shall be accompanied by a plat, drawn to scale, showing accurate dimensions of the lot to be built upon, accurate dimensions of the building to be erected, its location on the lot, and such other information as may be necessary to provide for the enforcement of this ordinance. An accurate record of such applications and plats, together with a record of the action taken thereon shall be kept in the office of the Person County Planning Department. The Zoning Enforcement Officer may waive any of these application requirements. 50 TA-03-19 Proposed Staff Amendments BOC January 6th, 2020 131-3 136-3 Zoning Permit Application Issuance. Any zoning permit shall become invalid unless the work authorized by it shall have been commenced within six (6) months of the date of issue, or if the work authorized by it is suspended or abandoned for a period of one (1) year. The zoning permit shall become invalid if the work authorized by it is not completed within one (1) year of the date of issuance of the zoning permit. Application may be made to the Zoning Administrator for a new zoning permit to replace any permit which becomes invalid under this section. In the event a new permit is denied by the Zoning Administrator, an appeal may be made to the Board of Adjustment. 131-4 136-4 At the applicant's discretion, he or she may also submit a site specific development plan and make application to the Planning Board for a vested right status for the proposed use or development project. Vested right status may be applied for jointly with the zoning permit application or may be requested a later date. 131-4.1 136-4.1 Vested right status shall guarantee the right to develop according to the provisions of the granted zoning permit and approved site specific development plan for a period up to and including two (2) years from the date of approval. Any guaranteed right to develop period greater than two (2) years and up to a maximum of five (5) years shall be at the discretion of the Planning Board. 131-4.2 136-4.2 Vested right status for the proposed use or development project shall be granted only after a public hearing is conducted by the Planning Board. Notification and advertisement of the public hearing shall occur in the same manner as is designated for a zoning change in this ordinance. 131-4.3 136-4.3 Approval of a site specific development plan and the granting of vested right status shall not occur under circumstances where a variance from the provisions of this ordinance is necessary except in cases where such variance has been previously applied for and granted. 131-4.4 136-4.4 The vested right granted under the approval of a site specific development plan is not a personal right, but shall attach to and run with the applicable property. All development, whether by the original applicant and/or landowner and/or their successors, shall occur as originally designated and approved on the site specific development plan unless modifications are submitted to and approved by the Planning Board. 131-4.5 136-4.5 The establishment of a vested right under an approved site specific development plan shall not preclude the application of ordinances or regulations that are general in nature, are applicable to all property in the county subject to land use regulation, and have no effect on the allowable type or intensity of use for the subject property. Otherwise applicable new or amended regulations shall become effective for the subject property upon the expiration or termination of the vested right. 131-4.6 136-4.6 The establishment of a vested right under an approved site specific development plan shall preclude the expiration of a building permit and such building permit shall remain valid until the expiration or termination of the vested right to develop period. 51 TA-03-19 Proposed Staff Amendments BOC January 6th, 2020 A vested right established by an approved site specific development plan shall terminate: a. at the end of the applicable vesting period in respect to buildings and uses for which no valid building permit application has been filed; or b. with the written consent of the applicant and/or landowner; or c. upon findings by the Planning Board after a public hearing in which reasonable notice and advertisement are given, that natural or manmade hazards at or near the immediate vicinity of the property, if uncorrected, would pose a serious threat to the public health, safety, and welfare if the project were to proceed as originally approved in the site specific development plan; or d. upon payment to the affected applicant and/or landowner of compensation for all costs, expenses, and other losses incurred by the same including all fees paid in consideration of financing, and all architectural, planning, marketing, legal and other consultant's fees incurred after approval by the Planning Board. Compensation shall not include any diminution in the value of the subject property; or e. upon findings by the Planning Board, after a public hearing in which reasonable notice and advertisement are given, that the landowner, his successors, or any representatives intentionally supplied inaccurate information or made material misrepresentations which alter the original approval of the Zoning Enforcement Officer of the site specific development plan; or f. upon changes in state or federal law or regulation that preclude the proposed use or development project as originally approved in the site specific development plan. The owner and/or applicant shall have the opportunity in this instance to submit appropriate applicable modifications to the original site specific development plan for the Planning Board's approval in order to allow the vested rights status for the use or development project to remain valid. 131-4.7 136-4.7 Nothing in this ordinance shall require the Planning Board to grant a vested right to develop in conjunction with the approval of a zoning permit. Nothing shall preclude subsequent reviews and approvals of site specific development plans by the Board to ensure compliance with the terms and conditions of the original approval, provided such reviews and approvals are not inconsistent with the original approval. Nothing in this ordinance shall prohibit the Planning Board from the revocation of the original approval or from other remedies from failure to comply with the applicable terms and conditions of all approvals or of this ordinance. Section 132 137 - Permit of Occupancy/Compliance 132-1 137-1 No land shall be used or occupied, except for farm purposes, and no building or structure erected or altered shall be used or changed in use for other than farm purposes until a Permit of Occupancy/Compliance has been issued by the Zoning Enforcement Officer stating that the building and/or the proposed use complies with the provisions of this ordinance. A permit of the same shall be required for the purpose of changing any existing use as well as for maintaining, reviewing, changing or extending any nonconforming use. The aforementioned 52 TA-03-19 Proposed Staff Amendments BOC January 6th, 2020 Permit shall be applied for coincidentally with the application for a Zoning Permit and shall be issued within ten (10) working days after notification to the Zoning Enforcement Officer of completion of the erection or alterations of such building or part in conformity with the provisions of this ordinance. A record of all such certificates shall be kept on file in the office of the Zoning Enforcement Officer(s), and copies shall be furnished, upon request, to any person having a proprietary or tenancy interest in the building or land. 132-2 137-2 No gas, electric, or water company or municipal departments shall provide utility services or install a meter at a construction site unless a Zoning Permit has been issued for a building or use at that location. No gas, electric, or water company or municipal department shall provide utility service or install a meter in any building or premise or part thereof hereafter, created, erected, changed, converted, altered or enlarged, wholly or part in its use or structure unless a Certificate of Compliance shall have been issued thereof. Section 133 138 - Right of Appeal 133-1 138-1 If the Zoning and/or Occupancy/Compliance Certificates are denied, the applicant may appeal the action of the Zoning Enforcement Officer to the Board of Adjustment. Revise The Quorum Needed For The Board Of Adjustment To Approve Variances and Other Quasi-Judicial Matters And For The Board Of Adjustment To Reverse Any Order, Requirement, Decision, Or Determination Of An Administration Officer Charged With The Enforcement Of Any Provision Of This Ordinance. ARTICLE XIV Section 142 - Powers and Duties of the Board of Adjustment 142-1(g) The Board of Adjustment, by a vote of four-fifths of its members, may approve conditional use permits, vested rights status, variances and interpretations of the ordinance. (Amended 11/18/91) The Board of Adjustment, by a vote of four-fifths of its members, may approve variances. The Board of Adjustment, by a majority vote of its members, may approve any other quasi-judicial matter, including conditional use permits, vested rights status in conjunction with a conditional use permit, and interpretations of the ordinance (Amended 11/18/91; 1/X/2020). Section 143 - Board of Adjustment Procedures 143-4 The Board of Adjustment, by a vote of four-fifths majority vote of its members, may reverse any order, requirement, decision, or determination of an administration officer charged with the enforcement of any provision of this ordinance (Amended 1/X/2020). 53 AGENDA ABSTRACT Meeting Date: January 6, 2020 Agenda Title: Petition TA-04-19 Public Hearing for a request by the Person County Planning Department staff to amend Article 2 Definitions and Article 6 Legal Status Provisions of the Flood Damage Prevention Ordinance of Person County in order to revise two incorrect dates. The proposed text amendment requires legislative review by the Board at a public hearing. The NC General Statutes requires that when reviewing a text amendment, the board also include with their motion a statement as to whether the proposed text amendment is reasonable and consistent. Summary of Information: During the revision to the Flood Damage Prevention Ordinance of Person County a few months ago, there were two typos concerning the adoption date of the ordinance that were not discovered until after the Ordinance was amended and adopted. This revision will correct those minor errors. Planning Staff Recommendation: Planning Staff recommends approval of TA-04-19 in order to revise two incorrect dates. Planning Board Recommendation: At the Planning Board meeting on December 12th, 2019, the board voted 6-0 to approve the requested text amendment TA-04-19 as proposed and also included the Statement of Reasonableness and Consistency listed below in their approval. Reasonableness and Consistency Statement: This text amendment request is consistent with the Comprehensive Plan and future planning goals of Person County. It is reasonable and in the public interest as it will provide clear and concise regulations in the Flood Damage Prevention Ordinance and ensure Person County remains compliant with federal guidelines and enable at-risk properties to participate in the National Flood Insurance Program. Recommended Action: Vote to approve, approve with modifications or deny the requested text amendment. The Board also needs to address the Statement of Reasonableness and Consistency required by the NC General Statutes. Submitted By: Lori Oakley, Planning Director 54 TA-04-19 Staff Analysis BOC 1/6/20 Text Amendment TA-04-19 Flood Damage Prevention Ordinance EXPLANATION OF THE REQUEST Petition TA-04-19 is a request by the Person County Planning Department staff to amend Article 2 Definitions and Article 6 Legal Status Provisions of the Flood Damage Prevention Ordinance of Person County in order to revise two incorrect dates. REQUESTED FLOOD DAMAGE PREVENTION ORDINANCE CHANGES ARTICLE 2. DEFINITIONS. Existing building and existing structure” means any building and/or structure for which the “start of construction” commenced before September 14, February 19, 1990, the initial effective date of the floodplain management regulations adopted by the community. ARTICLE 6. LEGAL STATUS PROVISIONS. SECTION A. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD DAMAGE PREVENTION ORDINANCE. This ordinance in part comes forward by re-enactment of some of the provisions of the flood damage prevention ordinance enacted February 19, 1990 as amended, and it is not the intention to repeal but rather to re-enact and continue to enforce without interruption of such existing provisions, so that all rights and liabilities that have accrued thereunder are reserved and may be enforced. The enactment of this ordinance shall not affect any action, suit or proceeding instituted or pending. All provisions of the flood damage prevention ordinance of Person County enacted on February 18 19, 1990, as amended, which are not reenacted herein are repealed. PLANNING STAFF ANALYSIS During the revision to the Flood Damage Prevention Ordinance of Person County a few months ago, there were two typos concerning the adoption date of the ordinance that were not discovered until after the Ordinance was amended and adopted. This revision will correct those minor errors. PLANNING STAFF RECOMMENDATION Planning Staff recommends approval of TA-04-19 in order to revise two incorrect dates. PLANNING BOARD RECOMMENDATION At the Planning Board meeting on December 12th, 2019, the board voted 6-0 to approve the requested text amendment TA-04-19 as proposed and also included the Statement of Reasonableness and Consistency listed below in their approval. REASONABLENESS AND CONSISTENCY STATEMENT This text amendment request is consistent with the Comprehensive Plan and future planning goals of Person County. It is reasonable and in the public interest as it will provide clear and concise regulations in the Flood Damage Prevention Ordinance and ensure Person County remains compliant with federal guidelines and enable at-risk properties to participate in the National Flood Insurance Program. Submitted by: Lori Oakley, Planning Director 55 56 57 December 2, 2019 1 PERSON COUNTY BOARD OF COMMISSIONERS DECEMBER 2, 2019 MEMBERS PRESENT OTHERS PRESENT B. Ray Jeffers Heidi York, County Manager David B. Newell, Sr.C. Ronald Aycock, County Attorney Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board Kyle W. Puryear Gordon Powell The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, December 2, 2019 at 7:00pm in the Commissioners’ meeting room in the Person County Office Building. Chairman Newell called the meeting to order. Commissioner Clayton offered an invocation. Chairman Newell asked boy scouts, present in the audience, to lead the group in the Pledge of Allegiance. Chairman Newell turned the gavel over to the County Attorney to preside over the meeting for the Organization of the Board. ORGANIZATION OF BOARD: County Attorney, Ron Aycock presided over the meeting and explained the rules of procedure for the election of Chairman and Vice-Chairman noting reorganization of the board of commissioners was held at the first meeting in December for a term of the ensuing year. Mr. Aycock presided over the election of the Chairman of the Board of Commissioners and opened the floor for nominations. Commissioner Newell nominated Commissioner Jeffers as Chairman. Commissioner Puryear nominated Commissioner Powell as Chairman. There were no further nominations. A motion was made by Commissioner Newell and carried 5-0 to close nominations for Chairman. By show of hands, Commissioners Puryear and Powell voted for Commissioner Powell for Chairman. By show of hands, Commissioners Newell, Jeffers and Clayton voted for Commissioner Jeffers for Chairman. Commissioner Jeffers was elected the Board’s Chairman by a simple majority vote. 58 December 2, 2019 2 Newly elected Chairman Jeffers opened the floor for nominations for Vice Chairman of the Board of Commissioners. Commissioner Clayton nominated Commissioner Newell as Vice Chairman. Commissioner Powell nominated Commissioner Puryear as Vice Chairman. A motion was made by Commissioner Puryear and carried 5-0 to close nominations for Vice Chairman. Commissioners Powell and Puryear voted for Commissioner Puryear for Vice Chairman; Commissioners Clayton, Jeffers and Newell cast dissenting votes. Commissioners Clayton, Jeffers and Newell voted for Commissioner Newell for Vice Chairman; Commissioners Powell and Puryear cast dissenting votes. Commissioner Newell was elected the Board’s Vice Chairman by a simple majority vote 3-2. APPROVAL OF BONDS FOR THE FINANCE DIRECTOR, THE REGISTER OF DEEDS, THE TAX ADMINISTRATOR, AND THE SHERIFF: County Attorney, Ron Aycock stated Chapter 161 (Register of Deeds) and 162 (Sheriff) of the North Carolina General Statutes requires the Board of County Commissioners to approve the official bonds at the first meeting in December. The Bonds are a continuation of existing bonds and were secured by the County Human Resources Director, who also serves as Insurance Liaison. The Human Resources Director provided information that the Sheriff’s bond, in the amount of $25,000, is for the length of his term. The Bonds of the Register of Deeds in the amount of $50,000 and $100,000 each for the Tax Administrator and Finance Director (amount of each Bond is dictated by legislature). Mr. Aycock requested Board approval of the Bonds of the Finance Director, the Register of Deeds, the Tax Administrator and the Sheriff as presented. A motion was made by Commissioner Puryear and carried 5-0 to approve the Bonds of the Register of Deeds in the amount of $50,000 and $100,000 each for the Tax Administrator and Finance Director as well as $25,000 for the Sheriff. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Puryear and carried 5-0 to approve the agenda. 59 December 2, 2019 3 INFORMAL COMMENTS: The following individual appeared before the Board to make informal comments: Mr. Steven Bailey of 2210 Haywood Bailey Road, Roxboro, and the Board of Health Chair stated his support of the request on the Board’s agenda to unfreeze the positions at the Health Department so that staff may recruit and fill as needed following the County Manager’s approval. He noted the Board of Health addressed this issue at its recent meeting with all members in favor of the request going to the Board of Commissioners. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Puryear and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of November 18, 2019, and B. Budget Amendment # 11 NEW BUSINESS: FIRE MARSHAL POSITION: Chairman Jeffers stated the Volunteer Fire Chiefs are requesting consideration of a Fire Marshal position. Chairman Jeffers yielded the floor to Mr. Bruce Lynch, Fire Chief for the Moriah VFD to speak on the Fire Chief’s request. Mr. Lynch requested the Board of Commissioners to reinstate the Fire Marshal position to assist the VFDs in the day-to-day operations, to govern the VFDs, and to serve as a form of law enforcement in the fact that VFDs have no one to call upon in the case of fire investigations and illegal burnings. Mr. Lynch stated reinstatement of the Fire Marshal position would greatly assist the VFDs to move forward with lowering the ISO rating. Vice Chairman Newell asked Mr. Lynch if all the Fire Chiefs were in agreement to work with a Fire Marshal and to take instructions to which Mr. Lynch stated he has only heard positive statements for having a Fire Marshal however, he stated the County needs to hire the best candidate. Commissioner Powell asked if the job description was the same as in 2006 to which County Manager, Heidi York said the 2006-job description that was shared was prior to including 911 communication duties, which no longer applied; the updated job description that was shared only included fire marshal duties. Commissioner Powell asked who would do the hiring of the position to which Ms. York stated county staff would hire. Chairman Jeffers added his recommendation that this position report to the County Manager. 60 December 2, 2019 4 Ms. York stated the job description was not a department head level and typically would fall under an Emergency Services Director type position, as Department Heads supervise staff and have large budgets. Ms. York said additional duties could be added to make it a department head level. Chairman Jeffers asked Ms. York about the Fire Inspector position being moved from Inspections to the Fire Marshal for supervisory duties for a more competitive salary to entice the right person to apply. Mr. Lynch stated many counties have a Fire Marshal I, II and III positions noting that was the type of person to target (someone already trained that currently did not have an opportunity to advance). Chairman Jeffers asked the Board to consider taking action to hire a Fire Marshal along with his recommendation to place the Fire Inspector under this position and direct staff to bring back more information. Commissioner Clayton stated his support but wanted the Fire Chiefs to work with the Fire Marshal noting it was getting hard to get volunteers to serve; all could agree times have changed. A motion was made by Chairman Jeffers and carried 5-0 to reinstate the Fire Marshal position with supervisory duties for the Fire Inspector with a recommendation on salary from staff to be brought back to the Board. Ms. York stated she would need to bring back a request for funding for the Board to approve to reinstate the Fire Marshal position. Chairman Jeffers noted that the Contingency Fund could cover the costs for the remainder of this budget year to which Ms. York confirmed. TAXPAYER APPEAL OF LAND/HOMES ON DURHAM RD: Tax Administrator, Russell Jones stated before the Board of Commissioners was a taxpayer appeal for three properties located on Old Durham Road. Mr. Jones went on to explain the reason for a tax appeal for 2019 in the month of December when the Board of Commissioners has appointed a special board to hear appeals. Mr. Jones noted as of January 1, values are established, but not all properties are evaluated by the time the Board of Equalization and Review is in session. In order to protect the taxpayer’s rights in the case where a value is not determined by the time the Board of Equalization and Review adjourns its session, the taxpayer may use the tax bill as notice of a change in value. Mr. Jones presented the following summary of the events to the Board of Commissioners noting the taxpayer, Mr. Michael Slaughter, was present to share information with the Board of Commissioners. 61 December 2, 2019 5  Madison Boulevard and Durham Road (Northern Section) is mainly a commercial district. Today, there are only 13 single-family dwellings on this just over 3-mile strip of highway. Most of these single-family dwellings are over 70 years old. There are three other single-family dwellings located along this strip that are now used for commercial purposes (used car sales, insurance agency, and hair salon). During November 2019, two single family dwellings were torn down.  The highest and best use of land on this strip is commercial, as proven by current uses. The value of a property with a single-family dwelling is mostly land value.  The taxpayer purchased three properties on 10/19/2018 for $127,000. All three properties are considered improved parcels, with single-family dwellings, built in 1923. The taxable value at time of purchase was $221,776 for all three properties.  Shortly after purchase and as early as November 20, 2018, the taxpayer obtained building permits for various improvements to the properties (heating/air systems, plumbing, electrical panel replacement, etc.).  The taxpayer may appeal the assessed value of their property during January of each year, which is considered an informal appeal. The taxpayer did not file an informal appeal during January 2019, even though his purchase price was lower than the taxable value.  The taxpayer may also file a formal appeal while the Board of Equalization and Review is in session, which occurs during the month of April. The taxpayer did not file a formal appeal with the Board of Equalization and Review.  Shortly after January 1, 2019, staff visited the properties in order to assess any changes in taxable value based on the building permits/improvements. Based on these visits, the taxable value increased to $244,853 for all three properties. Staff did not enter the dwellings, but verified that improvements to the properties were in progress. The total increase in the taxable value was $23,077.  The tax office mailed tax bills on or around July 23, 2019, which also served as notice to the taxpayer that his taxable value had changed.  The taxpayer filed an informal appeal within 30 days of receiving their tax bill.  Staff meet with the taxpayer.  The taxpayer shared a “Residential Property Valuation Request Form-26037” that had been completed by Fidelity Bank on October 4, 2018 prior to purchase. This report was an Internal Evaluation and not an appraisal. In addition, the report was clearly marked as CONFIDENTIAL and stated, “This report may NOT be relayed to or relied upon by persons outside of the Bank”.  The on-going improvements, the status of the improvements as of January 1, along with other repairs that needed to be done were discussed in detail with the taxpayer.  Based on the information exchanged during the informal appeal, the tax office adjusted the net total taxable value to $223,347, which lowered the total taxable value of all three properties by $21,505, and made the increase in the 2019 taxable value $1,571. Notice of the new taxable value was mailed to the taxpayer on October 17, 2019. 62 December 2, 2019 6  On October 25, 2019, the taxpayer “hand delivered” his formal appeal forms. On the appeal forms, the taxpayer indicated that the value as of January 1, 2019, and based on the January 1, 2013 schedule of values, should be $45,000 for each of these properties, for a total value of $135,000.  On November 25, 2019, the tax office returned the copies of the “Residential Property Valuation Request Form-26037” that had been provided to our office to forward to the Board of County Commissioners as part of this appeal and taxpayer evidence. The copies were returned based on the statement that the report was “CONFIDENTIAL”. These may be provided by the taxpayer if he has been given permission by Fidelity Bank. There were numerous attempts by the tax office and the taxpayer to get permission to include the taxpayer’s evidence.  The report provided by the taxpayer is not an appraisal, however, it was a “Residential Property Valuation Request Form-26037”. This report is “CONFIDENTIAL” and should only be used for loan purposes, as stated in the report on numerous occasions.  Also, the “Residential Property Valuation Request Form-26037” states that the properties were inspected and found to be in average condition with no evidence of necessary repairs that have not been done. However, later in the same report, it states that the properties were in poor condition with extensive repairs needed.  A purchase price of three properties on October 18, 2018 does not provide clear evidence to dispute the re-appraisal that was completed for January 1, 2013.  The land value of the three properties is consistent with other properties in the area, which is supported by sales around the valuation period of January 1, 2013. The total taxable value of $223,347 has a total land value of $163,900 with improvements valued at $59,447.  The taxpayer has not submitted substantial evidence to show that the January 1, 2013 Schedule of Values was not properly applied in the valuation of his three properties.  The taxpayer has not submitted any evidence that shows what the value should have been on January 1, 2013, as required by law. Mr. Jones stated the Real Property Value Changes in Non-Reappraisal Years are governed by North Carolina General Statute 105-387 as follows: Parcel # 2018 2019- Billed 2019- Adjusted 2020 18 2 75,096 82,346 72,782 78,051 18 3 76,516 86,450 80,402 86,752 18 4 70,164 76,057 70,164 70,164 Total 221,776 244,853 223,348 234,967 63 December 2, 2019 7 Mr. Slaughter said he purchased three houses adjacent to DPC Pawn & Gun Shop for $127,000 and was appealing the valuation based on an Alternative Transaction Value Report whereby a realtor agent and the bank did not agree with the County’s value. Mr. Slaughter noted the state of the houses, when purchased, was very poor. He added that plumbing and electrical were redone this year. Mr. Slaughter stated he was trying to get the value at $45,000 per house and he knew the values would increase in 2020 due to the renovations. Mr. Slaughter told the group an appraisal was not required for the purchase and he did not want to spend the money for an appraisal if not needed. He added the sale was not under duress. Mr. Jones stated an adjustment was made due to the structural conditions making the total increase by $1,571. He noted the biggest difference was reflected in the purchase price which was approximately one-half of where the County started with its value. Mr. Jones said the 2019 adjusted value totaled $223,348 for the three parcels; the houses were valued at $59,447 for the three. Commissioner Puryear stated fair market value was $127,000 for the purchase of the three parcels that were not a foreclosure or a sale under duress. A motion was made by Commissioner Puryear and carried 3-2 to change all three parcels taxable value on the tax cards to $43,000, which would be just above fair market value. Commissioners Puryear, Powell and Vice Chairman Newell voted in support of the motion; Chairman Jeffers and Commissioner Clayton voted in opposition to the motion. 64 December 2, 2019 8 REQUEST TO UNFREEZE HEALTH DEPARTMENT POSITIONS: Health Director, Janet Clayton recalled that on June 17, 2019, the Board of Commissioners voted to freeze the hiring of all vacant Health Department positions. On July 22, 2019 the Board approved three positions to hire. On November 7, 2019, a workgroup met to assess the service needs of the community; the workgroup members included the Chair and Vice Chair of the Board of Health, Steven Bailey and Jeffrey Noblett, Commissioners Powell and Puryear, Board of Health members Kimmie Yarborough and Ben Tillett as well as the Health Director and newly hired Nursing Supervisor Tabitha Philpott; the findings of the work group was to formally request the Board of Health to recommend unfreezing of the remaining four positions to the Board of Commissioners to provide these needed services to the residents of Person County due to transportation barriers and barriers of the individuals to be seen locally and to staff the agency efficiently to provide such services. Ms. Clayton told the group that as is the current procedure, the positions would only be recruited and filled after receiving approval from the County Manager. She added that unfreezing the positions would allow flexibility to hire the positions and classifications needed and most beneficial to the department. The remaining frozen positions are three Public Health Nurse II positions and one Community Health Technician position. The cost of these positions are included in the adopted FY2020 budget. Ms. Clayton stated that since July 8, 2019, the Health Department has assured maternal health, family planning, and STD services for residents through medical providers both in Person County and outside of the county. While these services are being provided by other facilities, the Health Department still incurs costs associated with the services and is not able to fully access revenue sources due to not directly providing the medical care. The U.S. Census Bureau estimates there are 4,938 uninsured residents in Person County and approximately 2,200 of those are females. The number of uninsured and underinsured individuals has increased since 2015 despite insurance options offered by the Affordable Care Act. Currently, there are no obstetricians or full-time gynecologists providing care in Person County. Individuals who need maternity care, family planning services, or STD diagnosis and treatment are having to seek care both in and outside of Person County. Additionally, there are no other local providers who utilize a zero-sliding fee scale. Ms. Clayton stated to reduce access to care barriers and to better meet the needs of Person County residents, the Health Department was making strides to rebuild the maternal health program followed by the STD and family planning services. The unfreezing of the aforementioned positions would provide flexibility of hiring staff, improve the efficiency of the hiring process, and provide local coverage of these services for Person County residents as the Health Department moves forward without the need to appear before the Board of Commissioners to request each hiring request. 65 December 2, 2019 9 Chairman Jeffers asked Ms. Clayton about the expenses incurred since the positions were frozen to which she noted invoices have been received from Lab Corp and Person Family Medical Center for approximately $24,000. She added that Durham County has provided in-kind maternal health services with the assumption that the County Health Department would resume providing such services. Ms. Clayton stated the revenues were harder to estimate due to the type(s) of coverage or lack thereof by each client. Vice Chairman Newell asked Ms. Clayton how many people are seen daily at the Health Department to which she noted only eight people per day due to immunizations was the only service being offered as compared to an average of thirteen per day last year. Vice Chairman Newell asked Ms. Clayton how many patients were seen at the Health Department on an annual basis to which she noted there were around 5,200 in 2017 and 4,500 in 2018. Commissioner Powell stated it was the responsibility of the Board to take care of the County’s residents and providing services to those in the County that cannot afford was the department’s priority. He added there had been times when patients were turned away at the alternative provider. Commissioner Puryear expressed his displeasure at the Board of Commissioners interrogating the Health Director with so many questions when the funding was already included in the approved budget; he advocated to allow the Health Director to do her job without having to come before the Board to gain approval for the needed staff to build services so that Person County residents will not have to go elsewhere. Commissioner Clayton asked Ms. Clayton questions related to reimbursement and following the patient once treated by another provider. Ms. Clayton noted the Health Department did not receive funds for following the patient as they were not providing pregnancy care management. Vice Chairman Newell asked the County Manager for her opinion. County Manager, Heidi York stated the County has to offer services for people who cannot afford to pay and she found it embarrassing that pregnant mothers had to travel out of county for such services that were offered in the past. She added the current process was inefficient and recommended that the Board of Commissioners unfreeze the positions to be filled on an as needed basis noting staff are constantly scrutinizing positions in all departments. A motion was made by Commissioner Puryear and carried 5-0 to approve the unfreezing of the three Public Health Nurse II positions and one Community Health Technician position. 66 December 2, 2019 10 FISCAL YEAR 2020-2021 BUDGET CALENDAR: County Manager, Heidi York stated a budget calendar was developed for the Board’s adoption, outlining a schedule for the timing of the budget process. She noted a Board Retreat was proposed for February 3rd, along with the Capital Improvement Plan adoption in April, Presentation of the Recommended Budget in May, a required Public Hearing on June 1st and Adoption of the FY2020-2021 Budget Ordinance on June 15th. The dates outlined are subject to change if needed, but this will facilitate an organized budget process for staff and elected officials. A motion was made by Vice Chairman Newell and carried 5-0 to adopt the Fiscal Year 2020-2021 Budget Calendar, as presented. 67 December 2, 2019 11 PERSON COUNTY GOVERNMENT FISCAL YEAR 2020-2021 BUDGET CALENDAR Date Task Mon/Dec. 2, 2019* BOCC adopts FY21 budget calendar Wed/Jan. 15, 2020 CIP Requests due to Assistant County Manager Fri/Jan. 31, 2020 Personnel forms due to Human Resources Fri/Jan. 31, 2020 Final insurance costs due Mon/Feb. 3, 2020* Board of County Commissioners Annual Retreat Mon/Feb. 10, 2020 Distribution of budget training manual to departments and fee schedule requests Thurs/Feb. 20, 2020 Departmental budget requests for operating & capital due to Finance and fee schedule requests due to Assistant County Manager Tues-Fri/Mar. 10-20, 2020 Departmental budget presentations with County Manager Mon/April 6, 2020* FY21 CIP presented to Board of Commissioners Mon/April 20, 2020* Adoption of FY21 CIP Mon/ May 18, 2020* County Manager presents recommended budget Mon/June 1, 2020* BOCC holds Public Hearing on recommended budget Tues-Fri/June 2-12, 2020 Potential BOCC budget work sessions (specific dates to be scheduled) Mon/June 15, 2020* Adoption of FY21 Annual Budget Ordinance Wed/July 1, 2020 FY21 budget available in accounting system Mon/Aug. 3, 2020 Adopted budget document finalized and available online * denotes a Board of Commissioners meeting date. 68 December 2, 2019 12 CHAIRMAN’S REPORT: Chairman Jeffers thanked his fellow commissioners for the opportunity to serve as Chairman noting he looked forward to working with all of them. MANAGER’S REPORT: County Manager, Heidi York reported she had hired a Human Resources Director who started with Person County this date; Ms. York said she would introduce her to the Board at a future meeting. COMMISSIONER REPORT/COMMENTS: Commissioner Powell commented on the $20M sizeable investment OBX Extracts has made in Person County noting sixty people has been employed with this growing hemp processing company. Commissioner Clayton reported the annual Kiwanis Club Pancake Day would be held on December 7th. Commissioner Puryear reported the Jingle on Main Uptown event would be taking place on December 5th. Vice Chairman Newell had no report. ADJOURNMENT: A motion was made by Vice Chairman Newell and carried 5-0 to adjourn the meeting at 8:19pm. _____________________________ ______________________________ Brenda B. Reaves B. Ray Jeffers Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 69 1/6/2020 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 23,249 Public Safety 7,505 Economic and Physical Development 5,458 Transportation 460 Education 129,500 Human Services 810 Contingency (3,749) REVENUES General Fund Intergovernmental 129,500 Other Revenues 14,233 Fund Balance Appropriation 19,500 REVENUES CIP Fund Other Revenues (5,458) Fund Balance Appropriation 5,458 Explanation: BUDGET AMENDMENT Carryforward funds for debt modeling consultant contract ($17,500); appropriate fund balance for increased costs of OPEB and LEOSSA studies ($2,000); refund of lease payment for PATS ($460); receipt of vehicle damage claim for Sheriff's department ($7,505): receipt of vehicle damage claim for DSS ($810); transfer unemployment contingency (-$3,749) to HR for unemployment tax payment ($3,749); recognize approved school lottery projects ($129,500); reduce City of Roxboro contribution for permitting software in Fund 410 (-$5,458) and appropriate fund balance ($5,458) to balance fund; recognize revenue from City of Roxboro for permitting software in Fund 100 ($5,458) BA-1270 Board of Commissioners Proclamation In Support of National Radon Action Month in Person County WHEREAS, radon is a colorless, odorless, radioactive gas that may threaten the health of our citizens and their families; and WHEREAS, radon is the second leading cause of lung cancer in the U.S. and is the leading cause of lung cancer in non-smokers; and WHEREAS, the National Academy of Sciences estimates that up to 21,000 lung cancer deaths occur in the United States each year; and WHEREAS, radon is found in one in 15 homes across the U.S. have elevated radon levels; and WHEREAS, any home may have elevated levels of radon, even if neighboring homes do not, and living in a home with an average radon level of 4 picocuries per liter of air poses a similar risk of developing lung cancer as smoking half a pack of cigarettes a day; and WHEREAS, testing for radon is simple and inexpensive and radon problems can be fixed; and WHEREAS, the Person County Board of Commissioners, the U.S. Surgeon General, the U.S. Environmental Protection Agency, the NC Department of Health and Human Services’ NC Radon Program and the North Carolina Advisory Committee on Cancer Coordination and Control support efforts to encourage homeowners to test their homes for radon, have elevated levels of radon reduced; and WHEREAS, many residents in Person County don’t know about radon, yet need to know, for the safety and health of their families and a proclamation of National Radon Action Month is an opportunity to educate individuals on the available measures to reduce radon; NOW, THEREFORE, the Person County Board of Commissioners do hereby proclaim: “JANUARY 2020 as National Radon Action Month in Person County” Adopted, this, the 6th day of January 2020. ____________________________________ B.Ray Jeffers, Chairman Attest: ____________________________________ Brenda B. Reaves, NCMCC, MMC Clerk to the Board 71 How does radon get into a home? Radon can rise from the rocks in the ground, through the soil, and to the air above. It comes into your home through cracks and holes in the foundation. The radon becomes trapped in your home. This can happen in new and old homes, homes with or without basements, and in high-rise and multi-family buildings. Underground well water can transport radon from the soil into the house. Where is radon found in N.C.? Nearly one out of every 15 homes in the U.S. is likely to have a high level of radon. Homes in all 100 counties of N.C. have tested at high levels for radon. The only way to know if your home has a radon problem is to test it. (continued ) Safe at Home: Preventing Lung Cancer BY REDUCING RADON IN THE HOME What is radon? Radon is a gas that you cannot see, smell or taste. It comes from the decay of radioactive elements (such as uranium, thorium and radium) in soil and groundwater. What are your chances for getting lung cancer from radon? Each one of the following influences your risk: 1. Level of radon in your home; 2. The amount of time you spend in your home; 3. If you are a smoker of tobacco or have ever smoked tobacco; and 4. If you are exposed to secondhand smoke. Why should I be concerned about radon? Breathing in radon is the second leading cause of lung cancer after smoking. Radon is the likely cause of more than 21,000 lung cancer deaths each year in the U.S. In 2015, lung cancer was the leading cause of cancer deaths in N.C. How does radon cause lung cancer? Radon gas decays into radioactive particles that can get trapped in your lungs when you breathe. These particles break down and release small bursts of energy. This can damage lung tissue and lead to lung cancer over the course of your lifetime. Not everyone exposed to high levels of radon will develop lung cancer, however the risk for lung cancer is increased. 72 Is radon only measured in homes? No. Radon can getinto any type of building. You and your family are most likely to be exposed at home because you spend most of your time there. What is considered a high level of radon in the home? The amount ofradon in the air is measured in “picocuries per liter of air,” or “pCi/L.” A radon level in the home between 2 and 4 pCi/L is considered moderate risk and over 4 pCi/L is considered high risk for your health. How do I fix my home if the test shows there is a high level of radon in water? The N.C Divisionof Public Health recommends testing well water for radon. Its experts say you should fix well water that tests high for radon. If the radon level is high in the well water, a second test for other types of radioactive particles like uranium and radium should be done. Select a contractor who is trained to fix radon problems. Contact your county health department’s environmental health program for more information. I am buying/selling a home. How do I get a property tested for radon? There are no laws in N.C. regarding radon testing. The N.C. Radon Program recommends that you hire a certified radon contractor. This will give you reliable test results quickly. If you get your water from a well, you can test your groundwater for radon with a certified laboratory. Visit www.ncradon.org to find a certified radon tester. What if the radon levels are high in my home? Can my home be fixed? The EPA (U.S.Environmental Protection Agency) recommends fixing homes that have an average radon level over 4 pCi/L. The EPA suggests you consider fixing your home if it tests between 2 and 4 pCi/L. Most homes can easily be fixed to bring the radon levels below 4 pCi/L. Lowering high radon levels requires special knowledge and skills. Pick a contractor who is trained to fix radon problems. The National Radon Proficiency Program or the National Radon Safety Board certifies trained contractors. Visit www.ncradon.org for links. What will fixing my home cost me? In 2017,the average cost for fixing a radon problem in an existing home was $1,500. The average cost to include a radon reduction system when building a new home was $800. The cost for a private well water radon treatment system ranges between $1,500 - $5,000.Visit www.ncradon.org to learn more about building Radon Resistant New Construction. Will a radon reduction system impact the sale of my home?Radon reduction systems have been installed in homes across N.C. since 1996. It is commonplace for national home building companies to install Radon Resistant New Construction in their new homes. Having a radon system in your home has not caused any problems for home sales. NC Cancer Plan website: http://publichealth.nc.gov/chronicdiseaseandinjury/cancerpreventionandcontrol/docs/ComprehensiveCancerControlPlan-2014-2020.pdf N.C. Department of Health and Human Services | Division of Public Healthwww.ncdhhs.gov | http://publichealth.nc.gov | N.C. DHHS is an equal opportunity employer and provider. 4/2017 NORTH CAROLINA RADIATION PROTECTIONNC Real Estate Commission 73 Person County Board of Commissioners Resolution Supporting 100th Anniversary of 19th Amendment Whereas, an organized movement to enfranchise women began in July, 1848, at a convention in Seneca Falls, NY; and Whereas, through the efforts of brave and courageous women referred to as suffragists who sacrificed family, their personal life and their financial resources for over seventy years to gain equal rights for women, especially the right to vote; and Whereas, women and men, black and white, supported the woman’s suffrage movement for women to gain the constitutional right of having a voice in making the laws that govern them; and Whereas, the woman’s suffrage movement led to the passage of the 19th Amendment to the Constitution of the United States in 1919; with ratification by the states by the summer of 1920; and Whereas, the National Woman’s Suffrage Association dissolved in 1920 to create the League of Women Voters of the US to register voters and educate all voters; and Whereas, the League of Women Voters of North Carolina was launched on October 7, 1920, on the steps of the Guilford County Courthouse by Gertrude Weil, a politically active and tireless young woman from Goldsboro, NC; and Whereas, more than 120,000 women were registered to vote in North Carolina by 1920; and Whereas, women today constitute a majority vote in our state and the US and are running for office in higher numbers and more active in the election process than ever before in history. BE IT RESOLVED that the 100th anniversary of women gaining the right to vote and the founding of the League of Women Voters in the United States and in North Carolina is recognized by the Person County Board of Commissioners for the impact these historic accomplishments have on citizen engagement and the civic life of the community, the state and the nation. Adopted this the 6th day of January 2020. __________________________________ B.Ray Jeffers., Chairman Person County Board of Commissioners Attest: __________________________________ Brenda B. Reaves, NCMCC, MMC Clerk of Board 74 AGENDA ABSTRACT Meeting Date: January 6, 2020 Agenda Title: FY20 ROAP Allocations Summary of Information: NCDOT has released ROAP funds for FY20. Staff is in the process of completed the application with the County Manager. Person County has received a total of $172,149.53, an increase of $25,300 from the previous year. NCDOT changed the disbursement schedule for this year, giving the systems the ability to use the funds between the three program areas, Rural Operating Program (RGP), Elderly and Disabled Transportation Assistance Program (EDTAP) and Employment (EMPL). PATS has chosen to utilize these funds in the RGP and EDTAP programs. At the December 2019 TAB meeting, staff provided a recommended allocation table to the TAB, which the TAB board approved. Staff has increased each organization’s allocations based on the additional money received as follows: PROPOSED ALLOCATIONS FOR FY 19-20 ROAP PROGRAM RGP Funding $84,353.27 49% EDTAP Funding $87,796.26 51% Agency/Funding FY19 Given FY20 Proposed Percentage PATS RGP $72,387 $ 84,353.27 100% EDTAP $33,165 $ 39,796.26 45% PATS Total: $124,149.53 Senior Center EDTAP $12,000 $13,000 15% Senior Center Total: $13,000 Person Industries EDTAP $16,000 $35,000 40% PI Total: $35,000 Recommended Action: Approve the allocations recommended by staff Submitted By: Glen LaBar Jr., Transportation Director 75 COUNTY APPROVAL STATE OF NORTH CAROLINA COUNTY OF Person CERTIFICATE OF CLERK RE APPROVAL OF TAX‐EXEMPT LOAN TO VOLUNTEER FIRE DEPARTMENT BY BOARD OF COMMISSIONERS The undersigned, being the duly qualified Clerk of Person County, North Carolina, does hereby certify that the following is a true and accurate copy of a Resolution passed by the Board of Commissioners of Person County, North Carolina, at its regular meeting on the 6th day of January, 2020, which Resolution was duly introduced, seconded, and approved, and that said Resolution remains in full force and effect: NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Commissioners of Person County, North Carolina does hereby approve (within the scope of the qualifying language set forth below) a tax‐exempt loan to the Triple Springs Volunteer Fire Department (the “VFD”) from Roxboro Savings Bank, SSB in the principal amount of $231,500.00, which loan is for the following purpose: For the purchase of a 2020 Mack Granite 42 FR MHD, Anchor‐Richey EVS ST20‐89 dryside tanker truck, which will be owned and operated by the VFD at the following address: 185 Olive Branch Rd., Roxboro, NC 27574 RESOLVED, FUTHER, that the approval of the loan to the VFD set forth above is given solely for purposes of the public approval requirements for tax‐exempt financing applicable to the VFD because of Section 150 (e) (3) and Section 147 (f) of the Internal Revenue Code of 1986, as amended, and such approval does not obligate the County of Person or its Board of Commissioners in any way regarding repayment of the debt. Duly certified by the execution hereof and the placing hereon of the seal of said County, this the 6th day of January, 2020. _____________________________________________ ( SEAL) Brenda B. Reaves, Clerk to the Board of Commissioners Person County, North Carolina 76 77 AGENDA ABSTRACT Meeting Date: January 6, 2020 Agenda Title: Fire Marshal Position Summary of Information: At the Board’s December 2, 2019 meeting, there was agreement from the Board to reinstate a full-time Fire Marshal position as requested by the Volunteer Fire Chiefs. Staff was directed to include the supervision of the Fire Inspector’s work under the Fire Marshal position and bring back associated costs for implementing this position. As previously presented, the County currently contracts with the City of Roxboro for fire investigation services. The Manager is recommending that this contract remain in place at this time, with the understanding that the new Fire Marshal position will participate as an investigator in partnership with the City Fire team. The job description and salary have been reviewed and updated, along with some analysis of start-up costs associated with the position, as attached. This position would be a classified as a Grade 68 exempt from overtime with an annual starting salary of $47,075. For the current Fiscal Year, if the position was filled on February 1, 2020 the salary and benefits costs would be $28,262. The start-up costs associated with this position including a vehicle, supplies, equipment, etc. are estimated at $69,500 (see attached spreadsheet) for a total needed from contingency of $97,762. A full fiscal year’s cost for salary and benefits is $67,828 for the Fire Marshal position. Adding the Fire Inspector salary and benefits ($64,000), along with all other annual operating costs, the FY21 total operating budget would be about $185,116. Recommended Action: Receive the information and provide direction to the Manager. Submitted By: Heidi York, County Manager 78 Start up costsItemunit cost Sub TotalPersonnel Protective Gear (2)2,600$ 5,200$ Uniforms (2)250$ 500$ Vehicle 33,000$ Red Lights/ Siren/ push bar10,000$ Slide Tray2,500$ Radio & Portable7,500$ Shell2,500$ Striping400$ 55,900$ Office Related Items Desk1,000$ Chair500$ File Cabinet (2)750$ PC laptop & Dock Station1,750$ 4,000$ Investigation Equip/manauls1,400$ 1,400$ SCBA (2 sets)1,250$ 2,500$ Sub Total for start up cost69,500$ The below budget combines start up costs plus an operational budget for FY21Suggested Budget (20/21)412000 ‐Salaries And Wages91,075$ fire marshal & fire inspector418000‐ 401K Supp Ret No‐ LEO4,554$ 418100‐ Social Security Contr.6,968$ 418200‐ Retirement8,215$ 418300‐ Group Hosp. Insur.18,000$ 79 418600‐ Workers Compensation3,294$ 420000‐ Supplies & Oper. Expen1,600$ NFPA manuals, violations forms, office supplies+ copier paper421200‐ Uniforms‐$ 425000‐ Auto Fuel4,800$ Based on FY20 estimate, multiplied by 2 vehicles430000‐ Contracted Services‐$ 431100‐ Travel, Mtgs, Confer.4,100$ FY20 estimated fire inspector training costs, multiplied by 2 personnel431500‐ Dues and Subscript.480$ Fire Admin/Marshal dues multiplied by 2 employees432000‐ Telephone9,900$ Fire alarm telephone costs; cell phone for 2 employees; landline costs for 2 lines434000‐ Print and Copy250$ Copier costs435200‐ Maint/Repair Equip30,000$ Fire alarm monitoring contract, Sentry Watch alarm inspections, fire alarm repairs, extinguisher and sprinkler inspections 435300‐ Maint/Repair Vehicles1,880$ Estimated FY20 M&R Vehicle costs, multiplied by 2 vehicles446000‐ Cap Outlay $750‐4999‐$ 454000‐ Cap Outlay Vehicles‐$ Total Start Up + Annual Operating 185,116$ 80 FIRE MARSHAL General Statement of Duties Performs technical and public safety work in providing fire prevention, investigations of suspicious fires, enforcement of local and state fire ordinances and codes, serving as a liaison with volunteer fire departments, Federal, State, and County agencies in promoting overall fire prevention efforts within the County. Distinguishing Features of the Class An employee in this class performs varied tasks to include coordination with volunteer fire departments, investigations of suspicious fires, fire inspections, and public education. Employee is responsible for the fire prevention programs to ensure compliance with State and local fire laws, codes, rules, and regulations. Employee performs large and small scale investigations for suspicious fires and prepares documentation for presentation in criminal and civil court. The employee also conducts fire education and safety programs. Considerable independence and judgement are required in fire inspections and investigations. Considerable public contact requires that the employee exhibit tact and diplomacy in coordination of volunteer fire programs in the County. The employee is subject to hazards associated with fire investigation in extreme weather, and exposure to various hazards such as high heat, chemicals, and in the proximity to moving mechanical parts, electrical current, and working in high places. Employee is also exposed to atmospheric conditions and blood borne pathogens, is sometimes required to wear a respirator, and may be required to work in close quarters. Employee enforces local and state fire ordinances and codes. Work is performed under general supervision and is evaluated through observation, conferences, and written reports concerning the quality and effectiveness of work performed. Duties and Responsibilities Essential Duties and Tasks Investigates fires of suspicious origins; coordinates investigations with local fire departments, NC Department of Insurance, local law enforcement, ATF, and SBI; conducts interviews, gathers evidence, prepares reports and testifies in court. Prepares and maintains records and reports of own and departmental activities; assists volunteer departments with training, inspections, and regulatory compliance and record-keeping. Supervises the work of the Fire Inspector position. Inspects contractor's plans to ensure compliance to fire code. Provides liaison, coordination and technical guidance for volunteer fire departments, and with the NC Insurance Department. Instructs various segments of the community on fire safety through education of the existing codes, laws, and regulations. Prepares and administers work unit budget. Supervises and participates in fire code inspections and enforcement; performs plan review; works with businesses and places of public assembly to insure fire safety and prevention. Provides public and media information regarding fires, fire safety and related matters. Responds to structure fires as needed and may participate in incident command, safety, and/or fire suppression. Coordinates fire district boundaries and maintains fire contracts with county fire departments; works with volunteer departments to identify and encourage actions that will improve ISO fire ratings and response times; provides assistance to fire departments in grant identification, development and administration. 81 Fire Marshal Page 2 Additional Job Duties Performs related duties as required. Recruitment and Selection Guidelines Knowledge, Skills, and Abilities Considerable knowledge of the types of industrial and commercial operations in the County and any related potential hazards. Considerable knowledge of the methods of readily ascertaining the presence of existing or potential fire hazards. Considerable knowledge of the laws and regulations covering fire prevention and code enforcement. Considerable knowledge of the sources and use of information about current fire prevention, and skill in their teaching and application. Considerable knowledge of fire equipment operation and maintenance, and skill in its operation. Considerable knowledge of building structure and causes and sources of fires. Considerable knowledge of evidence collection. Working knowledge of hazardous materials handling, labeling, containment and remediation. Working knowledge of the application of information technology to the work of the function. Working knowledge of modern and effective supervisory skills. Collaborative conflict resolution, public speaking and public contact skills. Ability to establish and maintain good working relationships with other employees, business and civic leaders, fire department personnel, and the general public. Ability to communicate effectively; ability to prepare and submit clear and concise reports in criminal and civil court. Ability to prepare and maintain accurate and detailed records. Physical Requirements Must be able to physically perform the basic life operational functions of climbing, balancing, stooping, kneeling, crouching, crawling, reaching, standing, walking, pushing, pulling, lifting, fingering, grasping, feeling, talking, hearing, and perform repetitive motions. Must be able to perform medium work exerting up to 75 pounds of force occasionally, and/or up to 30 pounds of force frequently, and/or up to 20 pounds of force constantly to move objects. Must possess the visual acuity to perform administrative and computer related tasks and to inspect buildings. Desirable Education and Experience Completion of an Associate degree in fire science supplemented by prevention schools and advanced courses and seminars in the fire service and considerable experience in the fire prevention or suppression work; or an equivalent combination of education and experience. Special Requirements Possession of a valid North Carolina driver's license. Possession of Fire Investigator certification and NFPA Firefighter II certification. Possession of Fire Code Enforcement Inspection level III. Prefer Fire Service Instruction certification. Possession of NIMS ICS 100, 200, 300, 400, 700, 800 Person County 2019 82 To: Brenda Reaves, Clerk to Person County Board From: Tom Grecco, NC State Director, Workforce and Career Services Date: December 18, 2019 Re: Submission of FY20/21 Community Services Block Grant (CSBG) Application Telamon Corporation is a designation Community Action Agency for Caswell, Person and Rockingham counties and has received an allocation for FY 20/21 broken out into the following amounts per county: Caswell County ‐ $52,814; Person County ‐ $75,456; and Rockingham County ‐ $187,651, totaling $315,921 for the three‐county service area. State of North Carolina Administrative code requires that the CSBG application be presented for review and comment to each county Board of Commissioners within 30 days of submission. The application narrative is due February 14, 2020. This packet includes proposed outcomes for service area counties. Local funding will not be required to match the grant dollars allocated to these counties. Please note that this application in the review state. Each county’s Board of Commission completed submission documentation will be added to final proposal. FY 20‐21 will be our fourth full year of operation and we thank you for your continued support. Submitted by: Shatarra Williams, CSBG Program Coordinator 83 _________________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 1 of 46 North Carolina Department of Health and Human Services Community Services Block Grant Program Fiscal Year 2020-21 Application for Funding Project Period July 1, 2020 – June 30, 2021 Application Due Date: February 14, 2020 Agency Information Agency: Telamon Corporation Agency: Federal I.D. 56-1022483 DUNS Number: 075579052 Administrative Office Address: 5560 Munford Rd., Suite 201, Raleigh NC 27612 Mailing Address (include the 4-digit zip code extension): 5560 Munford Rd., Suite 107, Raleigh NC 27612 Telephone Number: (919) 851-7611 Fax Number: (919) 851-9044 Proposed Funding: CSBG: $315,921 Additional Resources: $18,866,948.00 Agency Total Budget: $19,182,869 Application Period: Beginning: July 1, 2020 Ending: June 30, 2021 Board Chairperson: Mary Wedgeworth Board Chairperson’s Address: (where communications should be sent) 5560 Munford Road Suite 107 Raleigh NC 27616 Board Chairperson’s Term of Office (enter beginning and end dates): August 2018 - August 2019 Executive Director: Suzanne Orozco Executive Director Email Address: sorozco@telamon.org Agency Fiscal Officer: Suzanne Orozco Fiscal Officer Email Address: sorozco@telamon.org CSBG Program Director: Shatarra Williams CSBG Program Director Email Address: Swilliams2@telamon.org Counties Served with CSBG funds: Rockingham, Caswell, and Person Counties, NC Agency Operational Fiscal Year: October 1 – September 30 North Carolina Department of Health and Human Services Office of Economic Opportunity – 2420 Mail Service Center / Raleigh, North Carolina 27699-2420 84 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 2 of 46 Proposed Funding CSBG: Enter the proposed amount of CSBG funds allocated for FY 2021. Additional Resources: Enter the amount of other resources the agency expects to receive during the 2021 program year. If an exact figure is not known at this time, the best possible estimate. Agency Total Budget: Enter the sum of CSBG and Additional Resources for the period of July 1, 2020 ‐ June 30, 2021. 85 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 3 of 46 Checklist to Submit a Complete Community Services Block Grant (CSBG) Application Please put a check mark in the appropriate box to show that you have included the completed document with your application. All documents are required with the exception of those that say “if applicable.” Item Included (√) Signed Application Certification (blue ink only) Signed Board Membership Roster (blue ink only) Board of Directors Officers and Committees Board of Directors Community Needs Assurance Planning Process Narrative Form 210 – Agency Strategy for Eliminating Poverty Form 212 – One-Year Work Program Monitoring, Assessment and Evaluation Plan Form 212A – CSBG Administrative Support Worksheet (if applicable) Form 6844S – Agency Budget Information Form 6844N-Budget Narrative Appendices (to be attached by the Applicant):  Organizational Chart (do not include names)  Job Description and Resume for the Agency’s Executive Director  Job Description and Resume for the Agency’s Chief Financial Officer  Job Descriptions for all CSBG employees (do not include names)  Affirmative Action Plan  Documentation of Public Hearings for Initial Planning Process: Copy of Public Notice(s) from Newspaper(s) Agenda of Public Meeting(s) Copy of Attendance Sheet(s) Minutes of Public Meeting(s)  Documentation for Notice of Intent to Apply: Copy of advertisement(s)  Documentation of Submission to County Commissioners: Notarized document from county clerk Commissioners’ comments or minutes (if applicable)  Cognizant-Approved Indirect Cost Agreement  Copy of the Proposal Application submitted to the cognizant agency for approval of the Indirect Cost Rate  Cost Allocation Plan (if applicable)  Vehicle Registrations (must be up-to-date)  State Certification-No Overdue Tax Debts  State Certification-Contractor Certification required by N.C. Law  Federal Certifications  Cost Allocation Plan Certification  Federal Funding Accountability and Transparency Act (FFATA)  Central Contractor Registration (CCR) (must be up-to-date) 86 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 4 of 46 Checklist to Submit a Complete Community Services Block Grant (CSBG) Application (continued) Item Included (√)  IRS Tax Exemption Verification- verifies the agency’s 501 (c) (3) status (must be dated after July 1, 2014)  Conflict of Interest Policy (must have been approved within the past 5 years and must be notarized)  Contractual Agreements/leases (must be current within contract period) 87 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 5 of 46 Community Services Block Grant Program Fiscal Year 2020-21 Application for Funding Certification and Assurances Public Hearing on the Initial Plan We herein certify that a public hearing as required by 10A NCAC 97B .0402 Citizen Participation in the Application Process occurred on January 7 and January 21 for the initial planning process for the agency’s current project plan and the agency has maintained documentation to confirm the process of the public hearing. For multi-county providers, indicate the date and the county the hearing was held. Date County Date County January 6, 2020 Caswell January 6, 2020 Person January 21, 2020 Rockingham County Commissioners’ Review We herein certify that the application for this project period was submitted to the Board of County Commissioners for review and comment on __ January 7 and January 21 _____ as required by 10A NCAC 97C .0111(b)(1)(A). For multi-county providers, indicate the county and date the application for funding was presented to the Board of County Commissioners as required by 10A NCAC 97C .0111(B). Date County Date County January 6, 2020 Caswell January 6, 2020 Person January 21, 2020 Rockingham Board of Directors Approval of the Application I hereby certify that the information contained in the attached application is true and the Board of Directors has reviewed and approved this application for the Community Services Block Grant Program. Date of Board Approval: Board Chairperson: (Signature) (Date) Finance Committee Chairperson: (Signature) (Date) 88 _________________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 6 of 46 Board of Directors’ Membership Roster Total Seats Per Agency Bylaws 13 Total Current Vacant Seats Total Number of Seats Reserved for Each Sector Poor Public Private Total Number of Vacant Seats Per Each Sector Poor Public Private Name County of Residence Community Group/ Area Represented Date Initially Seated [month/year] Number of Terms Served [completed] Current Term Expiration [month/year] 1. Dolores Dixon Greensboro, NC Head Start Parent 8/2007 6 8/2020 2. Mary Wedgeworth Montgomery, AL Community Development Expertise 8/2007 6 8/2020 3. Herbert Williams Valdosta, GA Community Development Expertise 8/2010 4 8/2020 4. Juana Rivera Walkerville, MI Migrant Coordination 8/2016 1 8/2020 5. Craig Umstead Wilmington, NC Accounting Expertise 8/2010 4 8/2020 6. Tyler Boyd Jenison, MI Licensed Attorney 8/2014 2 8/2020 7. Jewell Moore Vidalia, GA Early Childhood Expertise 8/2015 1 8/2019 8. Brandy Smith Magnolia, DE Accounting Expertise 8/2015 4 8/2020 9. Annie R. Graham Roxboro, NC Low-income Neighborhood Rep. 2/2017 1 8/2020 10. John Landry Raleigh, NC Attorney 8/2019 0 8/2020 11. Lorena McDowell Raleigh, NC Housing Wake County 8/2019 0 8/2020 12. Esther Graham Wyoming, DE Head Start Expertise 8/2007 6 8/2020 13. Jenny McEntire Durham, NC Former Telamon NC Director 8/2019 0 8/2020 The signature of the Board of Directors Chairperson certifies that the persons representing the poor were selected by a democratic process and that there is documentation on file that confirms the selection of all board members. In addition, by signing below, the Board of Directors Chairperson confirms that the selection of all board members coincides with the directives outlined in the agency’s bylaws and that a current Board of Directors Member Profile is on file for each member. Board of Directors Chairperson 89 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 7 of 46 Board of Directors’ Membership Roster Total Seats Per Agency Bylaws 12 Total Current Vacant Seats Total Number of Seats Reserved for Each Sector Poor 6 Public 6 Private 6 Total Number of Vacant Seats Per Each Sector Poor 5 Public 2 Private 5 Name County of Residence Community Group/ Area Represented Date Initially Seated [month/year] Number of Terms Served [completed] Current Term Expiration [month/year] Representatives of the Poor 1. Faye Doe- Alexander Rockingham Goodwill 7/2018 2 10/2020 2. Vacant Rockingham 3. Charlene Wilson Person Housing Resident 2/2017 3 10/2020 4. Annie Graham Person Roxboro Housing Authority 2/2017 3 10/2020 5. Marilyn Corbett Caswell Community volunteer various 1/2019 1 10/2020 6. Cordelia Russell Caswell PRIDE participant 1/2019 1 10/2020 Public Elected Officials 1.Vacant Rockingham 2.Vacant Rockingham 3. B. Ray Jeffers Person County Commissioner 2/2017 1 10/2020 4. Freda Tillman Person Person Public Schools 2/2017 1 10/2020 5. Vacant Caswell 6. Vacant Caswell Representatives of Private Organizations 1. Vacant Rockingham 2. Ophelia Wright Rockingham Rockingham Public Schools (retired) 2/2017 elected official 1st /term 1 10/2020 3. Antoinetta Royster Person Person County 2/2017 1 10/2022 4. Latonya Penny Person New Mount Zion Church 10/2018 0 10/2021 5. Yolonda Simpson Caswell Believe Services 2/2017 1 10/2022 6. Sharon Sexton Caswell Chamber of Commerce 2/2018 0 10/2020 The signature of the Board of Directors Chairperson certifies that the persons representing the poor were selected by a democratic process and that there is documentation on file that confirms the selection of all board members. In addition, by signing below, the Board of Directors Chairperson confirms that the selection of all board members coincides with the directives outlined in the agency’s bylaws and that a current Board of Directors Member Profile is on file for each member. Board of Directors Chairperson 90 _________________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 8 of 46 Board of Directors’ Membership Contact Listing Board Member Physical Address Email Address Mary Wedgeworth 3425 Herbert Dr. Montgomery, AL 36116-3611 MWedgeworth@scadc.net Dolores Dixon 1320 Adams Farm Pkwy, Unit C Greensboro, NC 27407-5053 doloresdixon28@yahoo.com Herbert Williams 2828 Sapelo Drive Valdosta, GA 31605-5005 herb28@bellsouth.net Juana Rivera 2642 Blair Ave New Era, MI 49446 jrivera@walkerville.k12.mi.us John R. Landry, Jr. 181 Wind Chime Court, Ste. 103 Raleigh, NC 27615 john.landry@cardinallp.com Lorena McDowell 12416 Cilcain Ct. Raleigh, NC 27514 lorenadmcdowell@gmail.com Esther Graham 592 Ashland Avenue Wyoming, DE 19934-0962 evgraham@comcast.net Jennifer McEntire 116 Chattleton Ct. Durham, NC 27712 jmcentire17@gmail.com Craig Umstead 2940 South College Rd., Ste. #407 Wilmington, NC 28412 craigumst1@yahoo.com Brandy Smith 70 English Ivy Lane Magnolia, DE 19962-1750 brandysmith524@aol.com Tyler J. Boyd 5386 Misty Creech Dr. Kalamazoo, MI 49009 tylerjboydesq@gmail.com Jewell Moore 1507 S. Bobby Dr. Vidalia, GA 30474-8904 lighthoz@bellsouth.net Annie R. Graham 1528 Semora Rd. Roxboro, NC 27574-8525 anniegrahamrha@yahoo.com 91 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 9 of 46 Board of Directors’ Membership Contact Listing Board Member Physical Address Email Address Ophelia Wright 115 Apple Gate Dr. Reidsville, NC 27320 Owright8515@triad.rr.com Charlene Wilson 151 Cleveland Lane Roxboro, NC 27573 cwilsonpdoe@gmail.com B. Ray Jeffers 1138 Concord-Ceffo Roxboro, NC 27574 rayjeffers@personcounty.net Antoinetta Royster 2251 Burlington Rd. Roxboro, NC 27574 Aroyster@personcounty.net Annie Graham 1528 Semora Rd. Roxboro, NC 27574 anniegrahamrha@yahoo.com Freda Tillman PO Box 1202 Roxboro, NC 27573 tillmanfboe@person.K12.nc.us Yolonda "Lynn" Simpson 559 Foster Rd. Yanceyville, NC 27379 ibelieve4u2@gmail.com Sharon Sexton 15 Main St E, Yanceyville, NC 27379 sharon9.caswellchamber@gmail.com Latonya Penny 305 Walker St, Roxboro NC 27573 latonyampenny@gmail.com Faye Doe-Alexander 1551 Freeway Dr, Reidsville NC 27320 falexander@triadgoodwill.org Marilyn Corbett 3328 Stoney Creek School Rd Reidsville NC 27320 corbettm7@gmail.com Cordelia Russell 84 Community Circle Milton NC 27305 annr022771@yahoo.com 92 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 10 of 46 Board of Directors’ Officers and Committees Note: All committees of the board should fairly reflect the composition of the board (10A NCAC 97C .0109). Be sure to identify the chairperson and other committee positions. Name Office Sector Represented County Represented* Officers of the Board Mary Wedgeworth Chairperson Dolores Dixon Vice Chair Juana Rivera Secretary Herbert Williams Treasurer Committee Name: Governance and Leadership Tyler Boyd Chairperson Annie Graham John Landry Lorena McDowell Dolores Dixon Committee Name: Operations Esther Graham Chairperson Juana Rivera Jennifer McEntire Committee Name: Finance Jewell Moore Chairperson Brandy Smith Committee Name: Audit Herbert Williams Chairperson Craig Umstead Committee Name: Executive Mary Wedgeworth Chairperson Dolores Dixon Vice Chair Herbert Williams Treasurer Juana Rivera Secretary Tyler Boyd Esther Graham Jewell Moore Committee Name: Chairperson *To be completed by agencies serving multiple counties. 93 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 11 of 46 Board of Directors’ Officers and Committees Note: All committees of the board should fairly reflect the composition of the board (10A NCAC 97C .0109). Be sure to identify the chairperson and other committee positions. Name Office Sector Represented County Represented* Officers of the Board Freda Tillman Chairperson Elected Official Person Ophelia Wright Vice Chair Private Sector Rockingham Latonya Penny Secretary/Treasurer Private Sector Person Committee Name: Executive and Governance Freda Tillman Chairperson Elected Official Person Ophelia Wright Vice Chair Private Sector Rockingham Latonya Penny Secretary/Treasurer Private Sector Person Annie Graham Governing Board Liaison Low-Income Representative Person Committee Name: Planning and Financial Latonya Penny Chairperson Private Sector Person Yolanda Simpson Private Sector Caswell Charlene Wilson Low-Income Rep Person Committee Name: Chairperson Committee Name: Chairperson Committee Name: Chairperson Committee Name: Chairperson *To be completed by agencies serving multiple counties. 94 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 12 of 46 Community Service Block Grant Board of Directors Contractual Certifications I, __Mary Wedgeworth Governing Board Chair of Telamon Corporation______ (board chairperson name and name of applicant) certify the information in the following categories by initialing each certification and signing below:  A. Conflict of Interest: I certify that a Conflict of Interest Policy in place and that a copy of the policy can be found in the Employee Policy Manual and in the Board Member Handbook. I also certify that all members of the Board of Directors and all staff annually sign “Conflict of Interest” forms and that copies of Board member signatures are kept in the Board Minutes Book while copies of employee signatures are retained in the personnel files.  B. Board of Director Orientation/Training: I certify that a Board Member Orientation Policy is in place and that it is utilized as new Board members are assigned to the Board. I also certify that all Board members attend an annual Board Training each year and record of such is reflected in the Board minutes. The most recent Board Training occurred on (August 17, 2019)  C. Agency‐wide Audit: I certify that (Cherry Bekaert CPAs and Advisors) performs an audit annually. The audit is completed each year and submitted for review by the Board. The most recent audit for program year (October 2, 2017 – September 30, 2018) was submitted and accepted by the Board at the (February 16, 2019) meeting and is on record in said minutes. Certification (Original Signature) _______ Signature of Chairperson/President Date 95 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 13 of 46 Community Service Block Grant Certification of Community Assessment The __Telamon Corporation_________________________________ (applicant) has conducted a Community Assessment of its service area within the past three (3) years utilizing the following method(s): (Check one or more of the following methods)  Surveys of the community(s) - door to door, telephone, etc.  Review of Records - agency intake forms, program participant records, etc. (may be used with at least one other type of needs assessment; will not meet compliance on its own)  Review of demographical information - U.S. Census, welfare statistics, unemployment statistics, etc.  Discussions/information/testimony provided by individuals and community members - social service professionals, agency staff, program participants, etc.  Public meetings to solicit input on community needs  Other (Describe) ____________________________________________________________ _________________________________________________________________________ The most recent Community Assessment was completed on: _____July 2019___________________ (date) The Community Assessment was completed by: __Telamon Corporation__________________ (agency or contractor) It is expressly understood that this Community Assessment should include community and consumer input. It is to be used as a basis for prioritizing the needs of the low-income population in the service area and for planning the applicant’s projects to meet those needs. It is further understood that documentation validating that a Community Assessment was completed and is to be retained by the applicant and is subject to review by the Office of Economic Opportunity. Please provide a 4-5 sentence summary of your most recent Community Needs Assessment: Staff identified areas with a high incidence of poverty driven by causal factors that include low academic attainment, lack of basic skills and employment training, and a lack of transportation to employment centers and training institutions within each of the three counties. 96 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 14 of 46 (continue to next page) The following is a list of needs as prioritized, with community input, through the needs assessment process. 1. Increase access to education 4. Increase access to resources for households with children 2. Increase access to available employment 5. increase financial wellness 3. Increase access to community resources and information 6. Certification (Original Signature) Signature of Chairperson/President Date 97 _________________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 15 of 46 Community Services Block Grant Program Fiscal Year 2020-21 Application for Funding Planning Process Narrative 1. Explain in detail how each of the following was involved in the planning and development of this strategic plan. a. Low-Income Community: Telamon Corporation has been providing services to low-income communities in North Carolina for over 50 years. The Telamon Corporation, formed in 1965 as the Migrant Project of the North Carolina Council of Churches, is dedicated to assisting migrant farmworkers. Since then, our mission has expanded to offer services across 11 states to low- income families, including the Workforce and Career Service programs, Head Start and Early Head Start, and Housing and Development projects. The low-income community provides input into this CSBG grant strategy and Telamon’s overall strategic plans in several different ways. One-third of the members Project PRIDE’s Advisory council represent low-income communities. Also several members of the Telamon Governing Board are current or former Head Start parents who have faced severe socio-economic challenges. Telamon is continually collecting and analyzing data from service area resources, residents, and program participants to ensure that programs efficiently and effectively address community needs. Telamon conducts community assessments for service areas and updates information as needed with new quantitative data from public resources on demographic information, qualitative feedback from customer satisfaction surveys and community public meetings, and varied data from other programs and community resources. Part of this assessment process includes asking current and prospective customers to define the needs of low-income households in their community and to gauge the availability of services to meet these objectives. Telamon also utilizes NCCARE360 to ensure participants are able to take advantage of local resources and have sufficient information to access needed health and wellness providers. Telamon staff scheduled public hearings to hear input on this plan from community members, low-income residents and public officials on the following dates. Public notices of the meetings were published on the following dates: County Public Meeting Board of Commissioners Publication of Public Notice Caswell January 6, 2020 January 6, 2020 Caswell (Co.) Messenger on 12/25/19 and 1/1/20 Person January 6, 2020 January 6, 2020 The Courier-Times on 12/28/19 and 1/4/20 Rockingham January 21, 2020 January 21, 2020 Rockingham Now on 1/8/20 and 1/15/20 b. Agency Staff: Telamon staff members have designed a program to assist program participants in navigating around barriers that inhibit low income individuals and families from obtaining gainful employment, building assets, and escaping poverty in the three-county service area. Staff gathered information from a variety of datasets from NC Department of Workforce Solutions, NC Department of Commerce, U.S. Census’s Small Area Income and Poverty 98 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 16 of 46 Estimates (SAIPE) program. Staff identified areas with a high incidence of poverty driven by causal factors that include low academic attainment, lack of basic skills and employment training, and a lack of transportation to employment centers and training institutions within each of the three counties. c. Agency’s Board Members: Project PRIDE’s Advisory Council has taken the lead of program oversight. The Advisory council has 15 -18 members representing one third elected officials, one third private sector representatives, and one third low-income representatives. Council members ensure that the community voice is heard and guide program goals and focus. The council meets quarterly to review program reports and updates and to share information with Telamon staff about community resources, events, community needs, and developments. A Telamon Governing Board liaison serves as an officer on the Executive Committee of the Project PRIDE’s Community Action Advisory Council. The liaison reports annually to the Telamon Governing Board regarding the program’s activities. Telamon’s Governing Board advocates for programs and services that will enable individuals and families to achieve self- sufficiency. In addition to providing advocacy and a voice for low income families, the Governing Board ensures that projects undertaken are within the scope of Telamon Corporation’s mission. 2. Describe how and what information was gathered from the following key sectors of the community in assessing needs and resources during the community assessment process and other times. These should ideally be from each county within your agency’s service area: a. Community-based organizations: Data from housing organizations, Head Starts, and other community-based organizations was integrated into the 2019 Community Needs Assessment. Community-based organizations make also referrals to Project PRIDE. PRIDE staff share office space in the NCWorks location in Reidsville, NC and frequently co-assist clients. Goodwill is another close partner that assists participants with additional services. b. Faith-Based Organizations: Project PRIDE staff partner with local faith-based organizations to leverage services and resources for program participants. Faith-based community representatives serve on the Advisory Council, refer participants, and partner with staff to meet community member needs. c. Private Sector: Various employers have become partners and valuable resources for job referrals and information on employer and employee needs. Additionally, Caswell Chamber of Commerce currently sits on the Advisory Council local businesses seek assistance for employees and potential hires. d. Public Sector: Project PRIDE has relationships with county commissioners in each of the service areas and some county elected officials and staff serving on the advisory council. Community agency representatives serve on council and partner with staff to serve community and reduce poverty. e. Educational Sector: Recent educational analysis shows that reading levels are lower for youth in Rockingham and Caswell counties. Adult educational attainment is also low in the 3-county service area according to data used in the 2019 community needs assessment. Project PRIDE hopes to partner with early education providers to identify the needs of parents who may need additional services for themselves or their children. Project PRIDE will continue to partner with community colleges to both refer participants and accept referrals for adults needing educational assistance. Board of education members, program participants currently attending school and community college administration staff currently serve on the advisory council. 3. Describe your agency’s method and criteria for identifying poverty causes including how the agency collected and analyzed qualitative and quantitative data in identifying those causes. 99 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 17 of 46 Based on the U.S. Census 2017 SAIPE, 13.4% of the national population live in poverty (below the federal poverty level) and 14.7% of all North Carolinians live in poverty. Although some low-income North Carolinians find themselves in poverty as a result of the Great Recession of 2009, the larger majority lack the necessary knowledge, education and skills to acquire employment opportunities which yield an income level sufficient to support their families, acquire standard housing, obtain child care, pay medical expenses, get transportation maintain adequate nutrition manage finances and handle crisis situations. Additional evidence of needs determined by the 2015 and 2019 Community Needs Assessments conducted by Telamon Corporation, influenced programmatic structure and service offerings. Community focus groups and surveys of community partners were especially influential. The 2015 Community Needs Assessment, informed program activities from 2016-2018 and focused on the needs of single mother, unemployed and underemployed persons and displaced workers. Participants indicated a lack of jobs in the county or in the geographical area and mentioned other needs to include: adult basic education, transportation, childcare, money and resources, and emergency assistance to assist with utilities and food. Single mothers also mentioned needing support to afford basic items like diapers and baby formula. Another important barrier for those seeking good paying jobs is that many of the fastest growing industries in the county are seeking highly skilled individuals for healthcare and high technology manufacturing jobs. Most of the current and future jobs will require college or higher degrees. Data from the 2019 Community Needs Assessment closely aligned with data collected in 2015. Service area demographics indicated that in 2015-2016 that the overall service area graduation rate was 78%, well below the 86% rate for the state. The population age 25 and older with no high school diploma is well above the national average, indicating a need for hard skills training and educational assistance. Per capita income was lower than both the state and national average for all three counties, but ethnic and racial disparities in per capita income with minorities earning about $8,000 less than whites within the service area. 87% of children in service area schools were eligible for the free lunch program. All three counties have higher rates of public assistance than state and national rates. 25% of residents in the three-county service area report a lack of social and emotional support system, potentially indicating a need to engage community members and ensure that their voice is heard and that they are related to resources to assist with overall wellness. In addition to extensive demographic data review, the 2019 Community Needs Assessment includes data collected from community members and active participants. Stakeholder surveys were implemented in 2018 to collect data on available community resources and demonstrated community need from various community partners, employers, faith-based organizations, other services agencies. Recurring suggestions and needs from collected surveys reviewed in 2019 indicated the following:  Need for partnership with community youth programs to provide childcare services and educational opportunities for youth of low-income households.  Need for homelessness prevention services and housing assistance  Need for partnership with domestic violence shelters  Need for assistance in accessing medical and dental care  Need for transportation assistance  Need for childcare assistance  Need for job skills training 100 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 18 of 46 Customer satisfaction surveys are another tool for collecting program and participant data. These surveys reflect a high satisfaction rating of participants receiving a variety of services. Participants were provided primarily with education, transportation, childcare, and emergency assistance. Participants also frequently participated in financial literacy workshops and found both group workshops and one-on-one assistance to be beneficial. 4. Describe activities that your agency has undertaken to advocate for and empower low-income individuals and families to achieve economic independence and security. All programs that Telamon undertakes and administers are tied to the corporate theme of “Empowering Individuals, Improving Communities.” Telamon’s guiding philosophy is that through the efforts of the individual, supported by Telamon and partners, economic security and independence can become a reality and that the cumulative efforts of individuals ultimately transform a community. Telamon’s key programs along with activities and advocacy efforts include:  Community Service Block Grant (CSBG) programs – Telamon currently operates Project PRIDE (Personal Responsibility in Daily Endeavors), a designated community action agency and self-sufficiency initiative primarily focused on eliminating barriers to better employment and educational opportunities for adult residents of Caswell, Person, and Rockingham counties. In previous funding cycles operated Project BLOC (Basic Language and Occupational Competency) to serve youth and adults with barriers to English in Sampson County NC.  National Farmworker Jobs Program (NFJP) – The program provides outreach, assessment, training, and supportive services to agricultural workers and their dependents who wish to gain employment outside of agriculture. The program also provides training to upgrade skills for those wishing to stay in agriculture. Workforce professionals work with customers to identify career paths and ladders that will provide them with improved employment to provide financial stability. Supportive services are provided to enable customers to successfully complete their training.  Head Start (Regular, Early, Migrant and Seasonal) – The program provides early childhood education to enable children in low income families to be ready for school and break the multi- generational cycle of poverty resulting from low educational achievement. Head Start delivers comprehensive services including health and dental screenings, mental health, nutrition and family services to ensure that all children receive support. Parents receive training and support on how to advocate for their children and to continue the learning process at home. Partnerships are created with families that identify their strengths, needs and goals. Family Services staff help parents to access community resources including ESL, financial literacy and job training. Project PRIDE are able to leverage their connection with local Head Starts to provide needed support for parents to become increasingly self-sufficient, as well as, make referrals to Head Start where appropriate.  Youth Programs – These initiatives target attainment of academic credentials including high school diplomas and GED through counseling and supportive services, career and higher education exploration activities, career and life skills workshops, and job placement. The objective is to empower and equip youth customers to be productive members of society and enable them to support themselves. Telamon’s largest youth program is YouthBuild in SC. This program focuses on educational attainment, training, and certifications for construction trades. Telamon also operates Project IMPACT a summer enrichment program for low-income youth in Sampson County, NC, providing unique opportunities to youth ages 10-17 to explore 101 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 19 of 46 careers, participate in fun STEM activities, and remain active and academically challenges throughout the summer break.  Housing and Financial Literacy –Housing counselors work with customers to help them navigate the home-purchasing process including financial preparation and the logistics of applying for mortgages, and understanding home inspection results. For those who currently own homes, but are having problems making their mortgage payments, Telamon Housing provides services on budgeting and how to reduce debt. In some instances, programs have been available to fund homeowners who have lost their jobs while they seek new training and employment. Beyond housing counseling, Telamon also offers programs on financial literacy that focus on becoming banked, improving credit scores, and savings. Project PRIDE partners with housing counselor’s to provide financial literacy workshops and one-on-one credit and homeownership counseling. 5. Describe how your agency plans to make more effective use of, coordinate and form partnerships with other organizations and programs including: State welfare reform efforts; public and private resources; religious organizations, charitable groups, and community organizations. Telamon’s years of experience in operating service programs with public funding has given the corporation expertise in partnering with communities to meet the needs of the target population. In the three-county service area, Telamon is constantly learning about the existing initiatives in local service agencies to serve people in poverty and incorporating new partner resources and considering new community needs. Telamon currently coordinates with staff at Piedmont Community College and Rockingham Community College to both provide referrals and accept referrals for students who may be eligible for services. Telamon CSBG staff work closely with other community agencies to assure that the needs of individuals and families are met. Staff collaborate with community health clinics, mental health services, public schools, community colleges, the workforce system, employers and faith and community-based organizations. Staff communicate directly with local providers and community representatives to provide quality services and assist in referrals to other agencies. Project PRIDE also participate in NCCARE360 as a means of making and receiving referrals and connecting with other local resources. Telamon CSBG staff members coordinate services and accept referrals from all agencies to provide the greatest possible impact for people in need in these communities. CSBG staff have cultivated strategic partnerships with key organizations in each county. These strategic partnerships fill three critical functions: 1) update staff of changing needs, priorities, services, and resources; 2) provide opportunities for outreach and referrals; and 3) leverage existing resources, through cost- and information-sharing with local Work Force Development Centers, local non- profits, the government of each county, and more as needed. In Caswell and Person counties, we will continue to partner with Piedmont Community College. In Rockingham, we plan to expand our partnership with Rockingham Community College and collaborate further with NCWorks on recruitment, training, and joint workshops and activities for participants. Telamon coordinates self-sufficiency services with agencies that serve people living in poverty, including those that provide transportation; energy assistance; public assistance; high school equivalency; financial and career counseling; leadership skills; vocational and occupational skill certification; case management services; literacy; supportive services; work experience and job 102 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 20 of 46 shadowing; and employment referrals. In all areas, our objective will be to complement and extend the capacity of the supportive services community rather than overlap or supplant services. In all three counties, the resources allocated for CSBG services are far outstripped by the need for services, and we are cognizant of the need to maximize opportunities for our customers by collaborating with existing agencies. We anticipate continuing or expanding relationships with the following entities during the 2020- 2021 program year to establish mutually beneficial relationships for referrals, service utilization, and information-sharing: Strategic Partnerships Faith based New Mount Zion, Christian help center, Outreach Ministry Private sector Safe Haven, Help Inc., Rockingham County Reentry Council, Roots and Wings Public Sector Roxboro housing authority, NCWorks, North Carolina Community Action Association, Division of Social Services, local health departments Local government Rockingham, Person, Caswell boards of county commissioners Education County board of education members, Piedmont Community College, Rockingham Community College Poverty reduction agencies Head Start, Goodwill, Telamon Housing and Financial Wellness 6. Describe how your agency will establish linkages between governmental and other social services programs to assure the effective delivery of such services to low-income individuals, to avoid the duplication of such services and to fill identified gaps in services, through the provision of information, referrals, case management and follow-up consultations. Telamon CSBG staff members have been trained in financial counseling, ROMA implementation, and office safety and tracking software (AR4CA, Accountable Results for Community Action). Staff have local community resources guides that they update and use to refer customers to the appropriate contact point within these governmental and community organizations. Staff coordinate with Departments of Social Services to ensure that participants enroll in programs and services that will improve their life situation. Strategic nonprofit and governmental partners (e.g., the Christian Help Center and NCWorks) will also provide key information and access to networks that allow CSBG staff to maximize the support available for individuals and families living in poverty. Staff assess participants on a quarterly basis to assess individual progress, additional needs or concerns. During quarterly assessment, inquire about obstacles and success in five areas, which include, income, employment, education, childcare, and healthcare and assess progress in self- sufficiency based on established ROMA scale. Staff ask a series of questions to identify gaps in services, additional needs, or new conflicts. If staff are unable to resolve any identified conflict with additional services or assistance within CSBG program activities, then staff assist the participant in locating resources to provide a solution. 103 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 21 of 46 7. Provide a description of how your agency will support innovative community and neighborhood- based initiatives related to the purposes of the Community Services Block Grant (fatherhood initiatives and other initiatives with the goal of strengthening families and encouraging effective parenting). Telamon’s years of experience in Head Start programs has led to the development of fatherhood promotion initiatives through its family and community engagement plans in each program. For example, using Smart Start funding, Project PRIDE also collaborates with Telamon Housing and Development department to provide financial literacy workshops and individual financial counseling to participants to assist with future planning, such as planning for future education expenses, as well as family budgeting, credit repair, and homeownership. In addition, Telamon staff is a proactive partner in planning, participating, and staffing events that are of benefit to the community. This includes multi-agency outreach and information events, family-strengthening initiatives, and civic meetings for a variety of purposes. 8. Describe activities that your agency has undertaken or plans to undertake, on an emergency basis, for the provision of such supplies and services, nutritious foods and related services, as may be necessary to counteract conditions of starvation and malnutrition among low-income individuals. When funds are available for emergency services, eligible participants with qualifying need can receive direct assistance for rent, utilities, and other emergencies, including emergency housing. When funding was not available for these services, Telamon has relied on many grassroots and faith-based organizations to assist in the provision of emergency food, clothing, housing, and utility assistance to clients. As part of our initial networking with agencies in all three counties, Telamon CSBG staff coordinates with local churches, the American Red Cross, the Salvation Army, Departments of Social Services, and other providers, to meet the emergency needs of service area residents. During Program Year 2019-2020, Project PRIDE received previously carryforward funding that enabled staff to address a recognized problem area of rural homelessness. There are almost no statics on homelessness in these areas, but all three counties lack a year-round homeless shelter. PRIDE was able to utilize carryforward funding and leverage additional resources from community partner The Christian Help Center to re-house homeless families and/or assist in the purchase of toiletries, linens, beds for children, and other necessities for families getting back on their feet. Community Services Block Grant Program Fiscal Year 2020-21 Application for Funding Planning Process Narrative (continued) 9. Describe how your agency will coordinate the provision of employment and training activities with entities providing activities through statewide and local workforce investment systems under the Workforce Innovation and Opportunity Act. Provide the dollar amount of your allocation that will go towards employment training. Case management for enrolled individuals and families includes referrals to agencies that work with health and nutrition, including DSS and extension programs. 104 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 22 of 46 Through CSBG programs and the National Farmworker Jobs Project (NFJP), Telamon has a close working relationship with local Workforce Development Boards (WDB) and their respective NCWorks Career Centers. For example, the staff of Telamon’s seven NFJP field offices are co- located within these centers. Under WIOA, “Employment and Training Activities under the Community Services Block Grant Act” is considered a “One-Stop Required Partner.” In this connection, Telamon works closely with WDBs to offer services that are complementary to those available through the NCWorks Career Centers (One-Stops). The local WDBs are also closely involved with the schools’ systems and employer communities and are in the process of developing Career Pathways for WIOA participants. These Career Pathways align workforce services with what employers need to be successful. The Career Pathways are a tool that will guide academic and experiential learning opportunities to lead students toward a career and are focused around in-demand local employment and industry needs (e.g., health care, manufacturing, etc.). Each school district is required to have at least two state- approved Career Pathways. If customers seeking Telamon CSBG education and employment training are participating in a Career Pathways program, staff will develop clear education, training and work-based learning plans that align with the customers’ career goals. Project PRIDE has allocated $66,780 to employment training-related expenses in the 2020-2021 program budget. 10. Describe how your agency will ensure coordination with the emergency energy crisis intervention program under title XXVI (relating to low-income home energy assistance). Telamon Corporation's field staff coordinate and provide referrals with governmental and other human services programs by networking with contacts at the Department of Social Services, faith- and community-based agencies, and website resources such as NC211.org, NCCARE360, and the JobStart County Resource List. These online resources identify services designed to help people in North Carolina, including the low-income customers who comprise the CSBG target audience. The Departments of Social Services in all three counties are the primary vehicle for the federal Low-Income Home Energy Assistance Program. In some counties, there are additional supports through community-based energy cost-sharing programs or charitable agencies. For example, both Duke Energy and Piedmont Natural Gas contribute to “Share the Warmth,” and funds are made available to customers via partner agencies in Caswell and Rockingham counties (there is no partner agency in Person County). Staff collaborate and communicate closely with local providers of low-income home energy assistance programs to avoid duplication of services already provided in the communities and to ensure that those families, who need and are eligible for the services, receive them. 11. Describe the needs of low-income youth and your agency’s efforts to promote increased community coordination and collaboration in meeting the needs of low-income youth. 105 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 23 of 46 Security, self-esteem, and preparation for the challenges of adulthood are common needs for all young people. However, they are especially serious issues for low-income youth due to the potential lack available opportunities, lack of financial support, lack of employable skills, and pressures of financially supporting family. According to the 2019 community needs assessment, 87% of children in service area schools were eligible for the free lunch program. All three counties have higher rates of public assistance than state and national rates. Youth under 18 will be referred to partners for services such as tutoring, mentoring, career path identification, and other services depending on the needs of the individual. Youth 18 and over can be supported directly by Project PRIDE and guided by program staff to create and meet personal development goals. Educational attainment is a critical need for youth. Without a high school diploma or GED, the structural elements that reinforce poverty – particularly low-skill, low-wage employment – are simply repeated for another generation. In the three-county service area for this CSBG grant, this critical need for educational attainment is underscored by the higher-than-average levels of poverty (exceeding 29% in all three counties) among individuals over the age of 25 without a high school diploma or equivalent. Depending on the level of academic attainment to date, working-age youth who have dropped out may be referred to local community colleges that offer developmental education as well as GED (or equivalent) instruction. Piedmont Community College and Rockingham Community College both offer Adult Basic Education, High School Equivalency diploma, and career-readiness training at minimal cost to participants (typically the only cost is for applicable exams, and these costs may be covered by CSBG funds for eligible customers). To develop self-esteem for young people, it is important to create achievable challenges and recognize their attainment. To support this effort, Telamon CSBG staff will provide referrals to school and community groups involved in betterment projects that instill a sense of achievement, teamwork, and responsibility in youth. PRIDE also makes efforts to serve the whole family through various activities throughout the year such as, working with community partners to provide back to school supplies, or assisting in paying for summer activities, or fun STEAM activities for participants’ children. When funding is available, PRIDE has assisted in providing beds and linens for re-housed children and collecting donated gifts for needy families during the holidays. In the summer of 2020, PRIDE is scheduled to have a visit from the NC A&T University Innovation Station, a free STEAM activity bus that will give young people a chance to have fun while learning about fun activities, such as 3D printing and robotics. Additionally, Project PRIDE’s Community Action Advisory Council is led by several former educators and board of education members who provide vital insight into the needs and available resources within their communities. 12. Describe your agency’s method for informing custodial parents in single-parent families that participate in CSBG programming about the availability of child support services. In addition, describe your method for referring eligible parents to the child support office[s]. Staff informs custodial parents in single-parent families about the availability of child support services or “Work First”, the program through which North Carolina administers the federally- funded Temporary Assistance to Needy Families (TANF) program. Telamon CSBG staff are able to both “on- and off-ramp” customers into Work First: staff can provide services and refer families to begin receiving support through Work First, as well as support families as they transition out of 106 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 24 of 46 participation in Work First by providing employment services and facilitating participation in social support programs. Through the referral process, staff will refer parents to the Department of Social Services for Work First eligibility determination for financial assistance. Staff will inform parents that Work First recipients are eligible for all Child Support Enforcement services at no cost and refer them to all available resources. 13. Describe activities that your agency has undertaken or plans to undertake, to address the Department’s priorities which includes: o Combat the Opioid Crisis by focusing on policies and practices that prevent opioid misuse, addiction and overdose;  Project PRIDE will include a component in participant assessments to identify health concerns to include mental health and substance abuse to make more informed referrals. o Develop better outcomes for Early Childhood learners to ensure that they are healthy, safe and nurtured, learning and ready to succeed;  Project PRIDE has access to Telamon’s Head Starts and will continue to make referrals to Head Start and conduct outreach to parents of Head Start children to cross enroll eligible participants. o Expand NCCARE360, a statewide database that provides resource information for medical providers and human services professionals in response to social determinants of health like housing stability, food security, transportation access and interpersonal safety; and participating in Project PRIDE will expand usage of NCCARE360 as main method of sending and receiving referrals and utilize tools for demographic and resource data collection as a part of future program planning. The 2019 community needs assessment indicates that 25% of residents in the three-county service area report a lack of social and emotional support system, potentially indicating a need to engage community members and ensure that their voice is heard and that they are related to resources to assist with overall wellness.  o Implement Healthy Opportunities that improve the health, safety and well-being of North Carolinians by addressing conditions in which people live that directly impacts health.  Where funding allows, PRIDE will continue to assist eligible community members in homelessness prevention and re-housing assistance with hygiene- and health- related items. PRIDE staff also plans to collaborate with Charlotte-based Connect Center to assist those who need financial support in paying for medications and medical supplies. 107 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 25 of 46 Community Services Block Grant Program Fiscal Year 2020-21 Application for Funding OEO Form 210 Agency Strategy for Eliminating Poverty Planning Period: July 1, 2020 – June 30, 2021 Section I: Identification of the Problem (use additional sheets if necessary) 1. Give the Poverty Cause name(s), rank the poverty cause(s) and identify which one(s) the agency will address. Per Telamon’s review of existing community assessments and statistical data, as well as input from colleagues in the governmental and nonprofit sectors in all three counties, the following economic determinants of poverty in the three-county service area have been identified: a. Lack of access to full-time, stable, good-paying jobs (especially ones with benefits); b. Lack of key educational attainments, especially attainment of a high school diploma or equivalent; c. Low levels of employment skill and career readiness; d. Limited availability of supportive services that allow individuals to both complete diploma/degree programs, and to search for and secure jobs. Key supportive services identified as high need are childcare and transportation. While Telamon Corporation cannot directly address the availability of jobs, we can provide employment training and educational and supportive services that will help customers in the three counties become more competitive in the labor markets within the three-county area. 2. Describe the poverty cause(s) in detail in the community with appropriate statistical data (include data sources). (A) Explain why the problem exists. Based on the U.S. Census 2017 SAIPE, 13.4% of the national population live in poverty (below the federal poverty level) and 14.7% of all North Carolinians live in poverty. Although some low-income North Carolinians find themselves in poverty as a result of the Great Recession of 2009, the larger majority lack the necessary knowledge, education and skills to acquire employment opportunities which yield an income level sufficient to support their families, acquire standard housing, obtain child care, pay medical expenses, get transportation maintain adequate nutrition manage finances and handle crisis situations. Per community assessments there are multiple causes for poverty. As traditional industries shut down, such as light manufacturing, people become displaced from the workforce. The three counties are each suffering from high levels of migration, particularly among youth and young adults. For those that remain rooted in their communities, unable or unwilling to leave, as industry leaves, a gap remains in the available jobs and the skills present in affected, unemployed workers. These workers do not have the needed skills, education, or soft skills needed to seek out, apply, and acquire new positions that are entering the market, or show to potential employers looking into the tri-county area for opening new businesses that the area has enough skilled workers to meet the demand. (B) Identify the segment of the population and give the number of people experiencing the problem. During the 2015 Community Needs Assessment, informed program activities from 2016-2018 and 108 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 26 of 46 focused on the needs of single mother, unemployed and underemployed persons and displaced workers. Participants indicated a lack of jobs in the county or in the geographical area and mentioned other needs to include: adult basic education, transportation, childcare, money and resources, and emergency assistance to assist with utilities and food. Single mothers also mentioned needing support to afford basic items like diapers and baby formula. Another important barrier for those seeking good paying jobs is that many of the fastest growing industries in the county are seeking highly skilled individuals for healthcare and high technology manufacturing jobs. Most of the current and future jobs will require college or higher degrees. (C) Provide demographic information of those adversely effected inclusive of: (a) Gender Both male and female residents of the Tri-County are affected at about an even split among displaced workers, but according to demographics used for the 2019 community needs assessment, single parent homes headed by women earn significantly less income. (b) Age Primarily among displaced workers, in the Tri-County Area the target population for services will be ages 40 and older. For young, single mothers, the age range is between 18 and 35. However, residents in need of training and job placement assistance will be served no matter their age. (c) Race/Ethnicity for the agency’s service area In Person and Caswell Counties, the primary population for service are African-American, but in Rockingham County, the primary targeted population will be Caucasian. This is due to the demographics of poverty of the areas affected, where African-Americans are at a higher risk of poverty in Caswell and Person, and where Caucasians are more heavily affected in Rockingham, along the same lines of the race/ethnicity breakdown in each county. Per capita income was lower than both the state and national average for all three counties, but ethnic and racial disparities in per capita income with minorities earning about $8,000 less than whites within the service area. Hispanic residents are also affected, but at a much smaller percentage of the population. (D) Explain how the persons are adversely affected. Community residents of the three-county services area are adversely affected because they reside in an increasingly depopulating area. Overall educational attainment is low among residents. Younger people migrate to other areas of North Carolina and the United States, and limited numbers of businesses enter the area. Many residents are unable to relocate due to family and other personal demands, and limited funding. For young, single mothers, the demands of family and lack of resources keep them from being able to obtain financial self-sufficiency. Lack of affordable, accessible childcare, and transportation are also hinderances. Section II: Resource Analysis (use additional sheets if necessary) (E) Resources Available: a. Agency Resources: Telamon has been serving low income families in North Carolina since 1965. Since that time Telamon has 109 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 27 of 46 developed customer- and program-based expertise and institutional capacity in working with families living in poverty, including families with children, farmworker and low-income youth, at-risk homeowners, and other at-risk populations. This expertise includes outreach, case management, assessment and counseling, early childhood advocacy, education, and health screening, mentoring adults and youth, employment counseling and placement, home purchasing and foreclosure prevention counseling, financial literacy education, immigration counseling, and referral services. Project PRIDE has successfully partnered with Telamon’s internal Housing and Development department to provide housing and financial literacy training for participants, both in group sessions and individual counseling appointments. Housing staff have committed to offering services to CSBG clients in the tri- county area. PRIDE’s WDS II employee has been trained in financial literacy and coaching in order to impart these skills on each family, and all customers will be invited to take part in financial literacy workshops and classes offered at each office. b. Community Resources: Telamon has positive working relationships with many service agencies in North Carolina that can be relied upon to meet some of the needs of families in poverty. The information and referral process we use will be expanded to include Rockingham, Caswell and Person Counties. We will reach out to DSS in each county to set up a referral process for social services. We will work closely with local Workforce Development Boards to leverage and complement existing resources in employment and training. We will contact Piedmont Community College (Caswell and Person) and Rockingham Community College when adults need training, ABE, and GED. In addition, the Salvation Army and Goodwill can provide emergency assistance as required. These agencies have worked cooperatively with us over the years in other territories and we are confident that the positive working relationships will extend to the new community action service area. The Roxboro Housing Authority is a committed partner, allowing Telamon and the RHA’s Family Self-Sufficiency Program to co-enroll young, single mothers to receive childcare assistance, training, and enhanced job placement assistance from Telamon, along with counseling and housing support from the RHA. (F) Resources Needed: c. Agency Resources: Overcoming the barriers of poverty, lack of job-ready skills, limited transportation to employment centers and training providers will require resources to deliver basic workplace readiness, job skills training and counseling services. This funding will provide direct customer services in the form of outreach/case management staff, instruction, and employment- and education-supports for CSBG customers (please refer to budget for expenditure details). To support customers effectively, we believe it is necessary to have at least one person in all three counties. Current program funding sources for WIOA funded employment and training services require that participants have a high school diploma, job ready math and reading skills, and are ready to sit for the WorkKeys Career Readiness Certificate. This leaves a significant portion of people in poverty unserved. For customers who are at risk of losing their housing or are in substandard housing or homeless situations, we will evaluate customer needs for the appropriate service either Project PRIDE emergency funds, or a referral to Telamon Housing Services, or to Reidsville Housing Authority, Caswell County Section 8 Housing Services, or Roxboro Housing Authority. d. Community Resources: 110 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 28 of 46 Through research and contact with community representatives, it was determined that there is a significant need in the counties is for coordination of services. Project PRIDE staff work to serve a liaison between different available services and advocates for participant needs utilizing Advisory Council connections, NCCARE360, and leveraging resources of other partner agencies to ensure program participants are equipped with the knowledge and resources to advocate for themselves and access available tools to accomplishing their goals. Section III: Objective and Strategy (G) Objective Statement: 4 participants will rise above poverty level by June 30, 2021 Strategies for Objective: To combat the many consequences of poverty, Telamon will provide comprehensive services to participants, resulting in measurable outcomes which reduce or remove economic barriers. To achieve this, the following will be provided: (1) Case Management Services, including: orientation and enrollment, coaching/counseling and direct service delivery including: information & referral, education/training, employment readiness/employment opportunities and supportive (crisis prevention, child care, transportation, etc.) services. (2) Agency Capacity building, including, technology supports, training/technical assistance, incorporation of applicable organizational standards, etc. (3) Community Collaboration, including: meeting with other human service organizations for participant advocacy, developing Memoranda of Agreements, when applicable, for shared programming objectives, and collaboration with community partners and applicable advisory councils to stay informed of community needs and available resources. Goal and Mission Project PRIDE will increase self-sufficiency among program participants with the eventually goal of participants raising above poverty level. Project PRIDE will achieve this goal by combating the combined lack of job skills, basic educational attainment, and employment supports by leveraging existing resources and supplementing participant resources to improve access to better education and employment for low-income residents of the tri-county service area. Strategic framework Telamon shall: conduct a thorough community needs assessment to best utilize available resources for anti-poverty programming; recruit eligible, low-income participants in need of CSBG programming; execute the activities prescribed in the one-year work program to support performance measure achievements; monitor, assess and evaluate service delivery model to ensure outcome based performance; maintain documentation to support outcome based reporting; and adhere to Federal and State Labor Laws in conjunction with related agency governing bylaws, policies and procedures. The national Results Oriented Management Accountability (ROMA) framework (adopted by sponsoring federal office, US HHS Office of Community Services, in 2001), outcomes occur at the Family, Agency and Community levels under six specific goals: (1) low-income people become more self-sufficient (family level outcome) 111 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 29 of 46 a. Project PRIDE will meet this goal by assisting program participants to obtain new or better employment, increase education and skills, increase income, secure housing, secure childcare, and assist participants to increase access resources and alleviate burdens hindering progress. (2) the conditions in which low-income people live are improved (community level outcome) a. Project PRIDE will work to raise awareness of available resources, increase collaboration between community partners, and involve participants and community members in decisions regarding services and program implementation. (3) low-income own a stake in their community (community level outcome) a. Project PRIDE will be a voice and be a liaison and advocate for conversations for progressive change and growth via public meetings, surveys, community needs assessments, and council participation give the community. (4) partnerships among supporters and providers of services to low-income people are achieved (agency level outcome) a. Project will work to continuously expand its network of supporters and providers to include relevant faith-based, private sector, public sector, poverty- reduction, government, and educational representatives. (5) providers increase capacity to achieve results (agency level outcome) a. Staff and/or council members will attend relevant conferences, trainings, and community events to improve agency efficiency and effectiveness. b. At least one staff member will obtain ROMA Implementer or ROMA trainer certification or enlist the help of another ROMA-trained Telamon staff member or Community Action Agency representative to ensure ROMA is appropriately incorporated in every stage of program activity. c. Project PRIDE will strive to satisfactorily meet CSBG Organizational Standards each year. (6) low-income people, especially vulnerable populations, achieve their potential by strengthening family and other support systems. (family level outcome) a. Project PRIDE will track results and analyze via databases approved and supported by the Office of Economic Opportunity, as well as internal agency client and service tracking methods. Outcomes will be reported to and analyzed by the council and the Office of Economic Opportunity at least quarterly. Activities that are not furthering outcomes may be revised to ensure program is effectively serving the community. OEO Form 210 (continued) Section IV: Results Oriented Management and Accountability Cycle (use additional sheets if necessary) Organizational Standard 4.3 requires that an agency’s strategic plan and Community Action Plan document the continuous use of the ROMA cycle and use the services of a ROMA trainer. 112 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 30 of 46 (H) Community Needs Assessment: Please summarize the primary needs of your community as determined through the Community Needs Assessment, and explain which of those are Family, Agency, or Community Needs, and why. Based on the U.S. Census 2017 SAIPE, 13.4% of the national population live in poverty (below the federal poverty level) and 14.7% of all North Carolinians live in poverty. Although some low-income North Carolinians find themselves in poverty as a result of the Great Recession of 2009, the larger majority lack the necessary knowledge, education and skills to acquire employment opportunities which yield an income level sufficient to support their families, acquire standard housing, obtain child care, pay medical expenses, get transportation maintain adequate nutrition manage finances and handle crisis situations. The community needs assessment determined that primary needs are exacerbated by an increasingly depopulated area. Many low-income community residents possess limited education (family level need), limited skills (family level need), and limited job availability (community need). Younger people migrate to other areas of North Carolina and the United States, and limited numbers of businesses enter the area. These displaced workers are tied to the community and have limited options available to them to move on due to family ties, personal demands, and limited funding. For young, single mothers, the demands of family and lack of resources keep them from being able to obtain financial success. (I) Achievement of Results and Evaluation: Please discuss your agency’s achievement of results from last year. What were the successes and why were those areas successful? What areas did not meet targets or expectations and why were those areas not as successful? What Improvements or changes will be made for this year’s work plan to achieve desired results and better meet the needs of the community? In previous cycles, PRIDE had difficulty expending carryforward funding, but in more recent cycles, staff have implemented innovative solutions and forged new partnerships to meet observed needs. There is no statistical data available on homelessness in the rural three-county service area, but a number of community members and partner agencies have requested assistance to assist with the invisible problem of rural homelessness. PRIDE partnered with housing authorities and the Christian Help Center to assist with deposits, utilities, and re-housing supplies for families. Assisting participants to obtain jobs with medical benefits continues to prove difficult, but staff hope to establish more relationships with area employers to hopefully encourage more hiring of PRIDE participants. (J) Please name the ROMA trainer who provided services used in developing this community Action Plan and describe what specific services were provided. Program Coordinator, Shatarra Williams is a certified ROMA Implementor and Certified Community Action Professional who developed the Strategic Plan and Community Action Plan, oversaw completion of Organizational Standards, and ensured incorporation of the ROMA cycle in program participant assessments, the community needs assessment, and advisory council training and procedures. 113 _________________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 31 of 46 Community Services Block Grant Program Fiscal Year 2020-21 Application for Funding One-Year Work Program OEO Form 212 Section I: Project Identification 1. Project Name: Project P.R.I.D.E. (Personal Responsibility in Daily Endeavors) 2. Mission Statement: Telamon will combat the combined lack of job skills, basic educational attainment, and employment supports by leveraging existing resources and supplementing participant resources to improve access to better education and employment for low- income residents of the tri-county service area. 4. Objective Statement: 4 participants will rise above prevention line on ROMA scale by June, 30 2021. 5. Project Period: July 1, 2020 – June 30, 2021 6. CSBG Funds Requested for this Project: July 1, 2020 To June 30, 2021 7. Total Number Expected to Be Served: 90 a. Expected Number of New Clients 65 b. Expected Number of Carryover Clients 25 114 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 32 of 46 One-Year Work Program OEO Form 212 (continued) Section II: One-Year CSBG Program Objective and Activities Identified Problem Service or Activity Outcome Expected NPIs (List all NPIs applicable to activity) Position Title(s) Limited access to community resources Referrals, Increased support and access to resources/ increased self-sufficiency FNPI 5b The number of individuals who demonstrated improved physical health and well-being. FNPI 5c The number of individuals who demonstrated improved mental and behavioral health and well-being. FNPI 5d The number of individuals who improved skills related to the adult role of parents/ caregivers. FNPI 5i The number of individuals with no recidivating event for six months. FNPI 5i.2 Adults (ages 18+) Program Coordinator, WDS I&II partnership building, Increased agency capacity/ expansion of available resources for participants Program Coordinator, WDS I&II participation in community events, Increased awareness and self-sufficiency for participants, increased agency capacity FNPI 6a The number of Community Action program participants who increased skills, knowledge, and abilities to enable them to work with Community Action to improve conditions in the community. Program Coordinator, WDS I&II updates from council members on community events and resources to be provided to participants Continuous updates on community needs and progress FNPI 6a The number of Community Action program participants who increased skills, knowledge, and abilities to enable them to work with Community Action to improve conditions in the community. CNPI 6 G3a Percent increase of people with low incomes who support the CSBG Eligible Entity's delivery of service and/or implementation of strategies to address conditions of poverty in the identified community. Program Coordinator, WDS I&II Financial barriers to continuing employment or education Childcare assistance Increased preparedness for employment/ education employment/job retention/ new employment FNPI 1b The number of unemployed adults who obtained employment (up to a living wage). "FNPI 1c The number of unemployed adults who obtained and maintained employment for at least 90 days (up to a living wage). " "FNPI 1d The number of unemployed adults who obtained and maintained employment for at least 180 days (up to a living wage)." FNPI 1e The number of unemployed adults who obtained employment (with a living wage or higher). "FNPI 1f The number of unemployed adults who obtained and maintained employment for at least 90 days (with a living wage or higher). " "FNPI 1g The number of unemployed adults who obtained and maintained employment for at least 180 days (with a living wage or higher). " FNPI 1h The number of employed participants in a career-advancement related program who entered or transitioned into a position that provided increased income and/or benefits. FNPI 1h.1 Of the above, the number of employed participants who Increased income from employment through wage or salary amount increase. FNPI 1h.2 Of the above, the number of employed participants who increased income from employment through hours worked increase. Program Coordinator, WDS I&II 115 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 33 of 46 FNPI 1h.3 Of the above, the number of employed participants who increased benefits related to employment. FNPI 2f The number of adults who demonstrated improved basic education. FNPI 2g The number of individuals who obtained a high school diploma and/or obtained an equivalency certificate or diploma. FNPI 2h The number of individuals who obtained a recognized credential, certificate, or degree relating to the achievement of educational or vocational skills. FNPI 2i The number of individuals who obtained an Associate’s degree. FNPI 2j The number of individuals who obtained a Bachelor’s degree. Transporation assistance Increased preparedness for employment/ education employment/job retention/ new employment FNPI 1b The number of unemployed adults who obtained employment (up to a living wage). "FNPI 1c The number of unemployed adults who obtained and maintained employment for at least 90 days (up to a living wage). " "FNPI 1d The number of unemployed adults who obtained and maintained employment for at least 180 days (up to a living wage)." FNPI 1e The number of unemployed adults who obtained employment (with a living wage or higher). "FNPI 1f The number of unemployed adults who obtained and maintained employment for at least 90 days (with a living wage or higher). " "FNPI 1g The number of unemployed adults who obtained and maintained employment for at least 180 days (with a living wage or higher). " FNPI 1h The number of employed participants in a career‐ advancement related program who entered or transitioned into a position that provided increased income and/or benefits. FNPI 1h.1 Of the above, the number of employed participants who Increased income from employment through wage or salary amount increase. FNPI 1h.2 Of the above, the number of employed participants who increased income from employment through hours worked increase. FNPI 1h.3 Of the above, the number of employed participants who increased benefits related to employment. FNPI 2f The number of adults who demonstrated improved basic education. FNPI 2g The number of individuals who obtained a high school diploma and/or obtained an equivalency certificate or diploma. FNPI 2h The number of individuals who obtained a recognized credential, certificate, or degree relating to the achievement of educational or vocational skills. FNPI 2i The number of individuals who obtained an Associate’s degree. FNPI 2j The number of individuals who obtained a Bachelor’s degree. CNPI 3b Number of existing assets/resources made accessible to the identified community: CPNI3b.4 – Transportation Program Coordinator, WDS I&II Emergency assistance Increased preparedness for employment/ education employment/job retention/ new employment FNPI 4e The number of households who avoided eviction. FNPI 4f The number of households who avoided foreclosure. Program Coordinator, WDS I&II Lack of shelters and other homelessness Homelessness and homeless prevention assistance Housing support for participants FNPI 4a The number of households experiencing homelessness who obtained safe temporary shelter. FNPI 4b The number of households who obtained safe and affordable housing. Program Coordinator, WDS I&II 116 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 34 of 46 resources in service area FNPI 4c The number of households who maintained safe and affordable housing for 90 days. FNPI 4d The number of households who maintained safe and affordable housing for 180 days. FNPI 4e The number of households who avoided eviction. FNPI 4f The number of households who avoided foreclosure. 117 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 35 of 46 One-Year Work Program OEO Form 212 (continued) Section II: One-Year CSBG Program Objective and Activities Identified Problem Service or Activity Outcome Expected NPIs (List all NPIs applicable to activity) Position Title(s) 118 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 36 of 46 One-Year Work Program OEO Form 212 (continued) Administration, Services, Operations Outcome Expected Position Title(s) Implementation Schedule Objective: 4 participants will rise above prevention line on ROMA scale by June 30, 2021. First Quarter Second Quarter Third Quarter Fourth Quarter Outreach and Recruitment: Provide outreach through such means as visiting NCWorks Career Centers, referrals from partner agencies such as DSS, and going to places where clients are likely to be found (e.g., festivals, job fairs, etc.) to recruit and maintain 90 participants Program Coordinator, Workforce Development Specialists II, I 5(10) 10(35) 15(50) 25(65) Intake and assessments: orienting client to program, finding out interest, aptitudes, and skill levels of the 90 participants recruited to the program. Program Coordinator, Workforce Development Specialists II, I 5(10) 10(35) 15(50) 25(65) Education / Training – Hard Skills Training: 22 participants earning a certificate or other measures of completion in work skills training (e.g. community college skills training such as HVAC, welding, and CNA). Workforce Development Specialists II, I 2(4) 6(6) 12(4) 18(4) Work Experience: 5 Participants enrolled in a paid Work Experience (limited duration <90 days) in order to gain job experience, with a focus on soft skills development. Participants are paid as Telamon employees and are placed in temporary, short-term employment in the community. Workforce Development Specialists II, I 1(1) 2(1) 3(1) 4(1) Supportive Services Provided: 41 participants receive direct employment & education supports (e.g., transportation, uniforms, childcare, tuition & fees, books). Workforce Development Specialists II, I 5(10) 15(10) 25(10) 35(6) Financial Services: Financial capability education programming delivered to 10 participants. These services may include: credit counseling, debt management/repair, foreclosure prevention, and budget counseling. Workforce Development Specialists II, I 2(2) 3(3) 4(4) 5(5) Employment: Assist 10 participants into employment or better employment through resume preparation, job development, job referrals, and orientation to NCWorks products (e.g., labor market and jobs databases). Workforce Development Specialists II, I 3(1) 4(2) 5(3) 7(3) Partnership Building: Reach out to local agencies to identify customers, establish referral processes, service delivery partnerships, and MOUs. Proactively network with partner agencies on an ongoing basis. Program Coordinator NC State Director, Deputy State Director 7/1 - 9/30 10/1 – 12/31 1/1 – 3/31 4/1 – 6/30 119 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 37 of 46 Employer Relationships: build/maintain relationships and establish contracts with employers to facilitate work experience placements. Program Coordinator, Workforce Development Specialists II, I 7/1 - 9/30 10/1 – 12/31 1/1 – 3/31 4/1 – 6/30 Budgeting: Create and implement a program budget. Monitor budget, expenditures, and cost allocations for CSBG project to ensure compliance with Telamon and OEO guidelines. Budget Analyst, Program Coordinator 7/1 - 9/30 10/1 – 12/31 1/1 – 3/31 4/1 – 6/30 Staff Training and Development: provide supervision and facilitate professional development for staff. Program Coordinator NC State Director, Deputy State Director 7/1 - 9/30 10/1 – 12/31 1/1 – 3/31 4/1 – 6/30 Advisory Council: Coordinate meetings to review and approve vital program documents, reports, and assessments. Program Coordinator 7/1 - 9/30 10/1 – 12/31 1/1 – 3/31 4/1 – 6/30 120 _________________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 38 of 46 Community Services Block Grant Program Fiscal Year 2020-21 Application for Funding One-Year Work Program OEO Form 212 (continued) 9. Use the tables below to enter your agency’s targeted outcome results. The performance measures will be included in the agency’s CSBG contract. All CSBG grantees operating self-sufficiency projects are required to enter program targets in Table 1. Please refer to Performance Measures and Outcomes Definitions on page 7 of the Fiscal Year 2020-21 CSBG Application Instructions. If your agency operates more than one project, you will also need to complete Table 2 on the following page and also enter specific program targets. There should be one table of outcome measures per project. Table 1 Outcome Measures for Project 1 (enter project name) Measure Expected to Achieve the Outcome in Reporting Period (Target) The number of participant families served. 90 The number of low-income participant families rising above the poverty level. 4 The number of participant families obtaining employment. 10 The number of participant families who are employed and obtain better employment. 2 The number of jobs with medical benefits obtained. 1 The number of participant families completing education/training programs. 22 The number of participant families securing standard housing. 2 The number of participant families provided emergency assistance. 2 The number of participant families provided employment supports. 10 The number of participant families provided educational supports. 10 The average change in the annual income per participant family experiencing a change. This measure does not require a target but must be reported. The average wage rate of employed participant families. This measure does not require a target but must be reported. 121 Telamon Corporation _______________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 39 of 46 Community Services Block Grant Program Fiscal Year 2020-21 Application for Funding One-Year Work Program OEO Form 212 (continued) Table 2 Outcome Measures for Project 2 (enter project name) Measure Expected to Achieve the Outcome in Reporting Period (Target) The number of participant families served. 122 _________________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 40 of 46 Community Services Block Grant Program Fiscal Year 2020-21 Application for Funding One-Year Work Program OEO Form 212 (continued) CSBG Expenditure by Service Category A.2. CSBG Expenditures Domains Target CSBG Funds Actual Q1 Actual Q2 Actual Q3 Final A.2a. Employment 28080 7020 14040 21060 28080 A.2b. Education and Cognitive Development 17600 4400 8800 13200 17600 A.2c. Income, Infrastructure, and Asset Building 0 0 0 0 0 A.2d. Housing 0 0 0 0 0 A.2e. Health and Social/Behavioral Development (includes nutrition) 600 150 300 450 600 A.2f. Civic Engagement and Community Involvement 0 0 0 0 0 A.2g. Services Supporting Multiple Domains 256,544 64136 12822 192408 256,544 A.2h. Linkages (e.g. partnerships that support multiple domains) 7600 0 7600 0 7600 A.2i. Agency Capacity Building 5497 1374.25 2748.50 4122.75 5497 A.2j. Other (e.g. emergency management/disaster relief) 0 0 0 0 0 A.2k. Total CSBG Expenditures (auto calculated) 315921 77080.25 161.760.50 238840.75 315921 123 _________________________________________________________________ Fiscal Year 2020-21 Community Services Block Grant Application Page 41 of 46 Community Services Block Grant Program Fiscal Year 2020-21 Application for Funding One-Year Work Program OEO Form 212 (continued) 10. For Community Action Agencies that serve multiple counties, provide a breakdown of the expected number of persons served in each designated county in the table below. Show the total number of persons served in the table. Number of Families to be Served Per County Agency Name: Telamon Corporation Project Name: Project PRIDE County Caswell Person Rockingham Total Total Planned 10 20 60 90 Project Name: County Total Total Planned 124 Community Services Block Grant Program Fiscal Year 2020-21 Application for Funding Monitoring, Assessment and Evaluation Plan 1. Describe the role and responsibilities of the following in the assessment and evaluation of agency programs. a. Board of Directors: Telamon’s Governing Board meets on a quarterly basis to provide oversight of all programs including monitoring findings. At a more detailed level the Operations Committee of the Governing board reviews programmatic and financial performance of all Telamon projects to ensure that the funders’ objectives and needs of customers are being met. If a program is falling short of performance expectations, the State Director in charge of running the subject project is required to develop and implement a project improvement plan to correct the situation. Resolution of this plan, in turn, is reported to the Operations and Oversight Committee. A member of this committee is also a Project PRIDE Community Action Advisory Council member, serving on the council’s executive committee as liaison to the Telamon Governing Board. The Governing Board and Advisory Council liaison annually presents a report to the Governing Board on Project PRIDE activities. b. Low-Income Community: Low income families are represented on the advisory council by one-third of the membership. Their oversight of program content and results as it pertains to low income households is a critical element in evaluating the efficacy of programs. Input is also sought from low income households to gauge their awareness and perception of programs via annual public meetings, through which service area residents can have input regarding community needs and suggest uses for allocated funds. Data collected from the low-income community help to develop future outreach and service strategies. c. Program Participants: Program participants provide direct input via customer satisfaction surveys, participation in focus groups, and through representation on the Advisory Council. In addition, data is also collected from other programs such as Housing and Development’s surveys and Head Starts’ parents’ policy councils. Program participants, applicants, and the community at large can also use Telamon’s complaint procedure if they are dissatisfied with services, staff, or how their application has been handled to hopefully get a satisfactory outcome. In cases that go beyond service issues and per Telamon policy, participants can report waste, abuse, or fraud observed in programs via a confidential toll-free phone number, email, or a web-enabled form. d. Others: Project PRIDE’s Community Action Advisory Council is comprised of one-third low income representatives, one-third elected officials, and one-third private sector representatives. Council members are participants, low-income community residents, low-income service providers, county commissioners, local mayors, town clerks, chamber of commerce representatives, public school system staff, faith-based community members, and business owners. The diverse collective of dedicated community members grants Telamon access to a multi-faceted perspective of community needs, resources, and solutions. 2. Describe the systematic approach for collecting, analyzing and reporting customer satisfaction data to the Board of Directors. Customer satisfaction data and stakeholder input is collected by program staff on an ongoing basis. Data is collected and analyzed quarterly by the Program Coordinator. Data is then presented to the Community Action Advisory Council quarterly. Annually satisfaction data is compiled and presented to the Telamon Governing Board by the CAA Council/Governing Board liaison. Also, the Governing Board and its committees review policies and procedures on an ongoing basis. These includes reviews of Personnel Manual and human resource policies by the Personnel and Bylaws Committee; grants administration procedures by the Planning and Development Committee; Head Start policy and procedures through the Head Start Committee; financial and audit policies and procedures through the Finance and Audit Committee; and program self-assessment policies and procedures through the Operations and Oversight Committee. 3. Describe how administrative policies and procedures are monitored by the Board of Directors. 125 All significant programmatic and financial monitoring findings are brought to the board or its committees’ attention. As noted above, an assessment that shows a significant variance from stated objectives or effectiveness standards results in a corrective action plan that is closely overseen by state and executive staff. Telamon Corporation’s Governing Board conducts a fiscal self-assessment annually. This looks at how the corporate systems comply with Federal cost principles. The Governing Board reviews and approves all program monitoring reports and associated correction action plans via their Operations and Oversight Committee. In addition, employee performance is evaluated at least annually. 4. Describe how the Board acts on monitoring, assessment and evaluation reports. The Board will use its Governance Committee (described below) to direct the implementation of a process ongoing continuous improvement of board operations. 5. Describe the Board’s procedure for conducting the agency self-evaluation. The Community Action Advisory Council completes a self-assessment questionnaire designed to review the effectiveness actions taken, the relationships between members, with leadership, and with program staff. 6. Summarize the results of the Board’s most recent self-evaluation. Describe how the information has been or will be used to develop the agency’s next Strategy for Eliminating Poverty. Indicate the timeframe and planned activities for the next evaluation. In 2019, the Community Action Advisory Council that oversees Project PRIDE activities conducted a self-assessment. Overall, council members expressed positive with program progress, agency communication, and staff accessibility. Council members were also satisfied with communication among members and frequency of training. Council members approved an updated strategic plan in July 2019 and will continue to collaborate on the best methods of meeting objectives within their communities. An updated strategic plan and self-assessment will be completed no later than 2024. In 2017, the Telamon Governing Board conducted a self-Assessment. The Ad-hoc Committee revised nomination form, developed expectations for board member involvement, established new orientation process and orientation and quarterly training was provided for new members. Due to limited indirect budget, board training priorities were revised the Board engaged a consultant to address priorities from self-assessment, including review of by-laws and membership. 126 Community Services Block Grant Program Fiscal Year 2020-21 Application for Funding CSBG Administrative Support Worksheet OEO Form 212A 1. Administrative Support requested for (Project PRIDE): 2. Total amount of Administrative Support requested: $ 3. Brief description of grant including the name of the funding source: 4. Total Grant Amount: $315,921 5. Give the reason for requesting Administrative Support from CSBG and describe how the funds will be used: (Attach supporting documentation in the Appendices) 6. How will the agency track the CSBG funds used for Administrative Support? 7. Basis for determining amount of Administrative Support needed. (Please select either Indirect Costs or Cost Allocation, not both.) Indirect Costs Indirect Cost Base: Indirect Cost Rate %: 12.7% Indirect cost base amount for this grant: $40,121.96 Percent indirect allowed by funding source for this grant: 12.7% Dollar amount indirect allowed by funding source for this grant: $40,121.96 Cost Allocation Percent of administrative costs allowed by funding source for this grant %: % Dollar amount of administrative costs allowed by funding source for this grant: $ 8. Actual numerical calculation used to determine Administrative Support needed: 9. Administrative Support to be applied: (choose one) Monthly Quarterly Annually X 127 CONTRACT BUDGET NARRATIVE STATE OF NORTH CAROLINA DIVISION OF SOCIAL SERVICES OFFICE OF ECONOMIC OPPORTUNITY Form 6844N Name of Agency: Telamon Corporation Section A – Salaries and Wages Salaries consist of:  One direct 100% FTE Work Development Specialist I that works directly with clients and community partners;  one direct 100% FTE Work Development Specialist II that works with clients and community partners and supervises the WDSI;  one shared 100% FTE Program Coordinator to provide oversight of daily activities, monitoring program operation and performance, and coordination of council activities;  one shared 5% FTE State Director that provides oversight of NC Workforce Career Services operations,  one shared 5% FTE Deputy Director that provides oversight of NC Workforce Career Services operations, and  one shared 7% FTE Budget Analyst to assist with budget development and tracking. Section B – Fringe Benefits Fringe benefits are calculated at 51% of salaries and consists of personal, sick, holiday leave, FICA, WC, UI, Long Term and Short Term disability insurance and retirement Section C – Equipment Purchases NONE Section D - Communication Communication consists of mobile and landline phones, internet and advertisement. This includes shared costs based upon labor percentage recorded. Section E – Space costs Calculations provided in OEO Form 6844 – This includes rent, utilities, building maintenance, equipment maintenance and property insurance based upon labor. Section F – Travel/Employee Development Travel includes daily mileage reimbursement for outreach to employers, partner agencies and customers, training coordination and follow-up services; mileage reimbursement to council to attend quarterly meetings; registration, hotel and per diem by the Program Coordinator; the WDSs and 3 council members to attend the NCAA; and vehicle maintenance that is used primarily for customer support, materials transport and outreach. Allocated travel will be charged at the percentage of time recorded to CSBG. Section G - Supplies and Materials Supplies will include but not limited to participant folders, postage, office supplies such as toner, paper, pens, etc., workshop and outreach materials and meeting supplies. Section H – Contractual Services Agreement for access to AR4CA and temporary staff as needed. 128 Section I - Client Services Client services include:  Transportation support in the form of gas cards.  Work experience and the fringes associated at 17% of wages.  Tuition, books and fees associated with short/long term training, and  Supportive services to include but not limited to school, workplace attire and tools, vehicle repairs, homeless assistance, childcare as needed, etc.  Meeting expenses for financial literacy or other client training. Section J - N/A Section K - Other Includes employee recruitment and NCAA Membership Section L – Indirect Costs Telamon’s Indirect Cost Agreement is negotiated with DHHS. Currently it is calculated at 13% of salaries and fringes. 129 130 131 132 133 134 135 136 137 138 AGENDA ABSTRACT Meeting Date: January 6, 2020 Agenda Title: Authorization to Execute a 20-year Indefeasible Right to Use Agreement for Two Strands of Surplus Dark Fiber with Riverstreet Inc. Summary of Information: At the Board’s September 23, 2019 meeting, the Person County Commissioners adopted a Resolution Declaring Two Strands of Fiber Surplus Property and authorized a published Notice of Intent to enter into a Lease Agreement per NCGS 160A-272 (a1). The original grant agreement with Person County (executed on March 30th, 2017) provides NC Wireless access to two strands of fiber at no charge until the grant agreement expires (March 30, 2021). Per previous discussions with the Board of Commissioners, Riverstreet will pay a one-time lease fee of $750 per strand mile for the lease along with an annual fee of $175 per linear mile for maintenance of the fiber. Riverstreet will pay the County $1,686.90 (includes lease fee and maintenance) per month for 84 months beginning 4/1/2021 through 3/30/2028. After 3/30/2028, Riverstreet will pay $9,100 annually for maintenance of the dark fiber. This 84-month term extends the original maintenance period for two years and nets the County $18,200 more in revenue for accepting monthly payments. Recommended Action: Authorize execution of the Indefeasible Right to Use Agreement for Two Strands of Surplus Dark Fiber with Riverstreet Inc. Submitted By: Chris Puryear, IT Director 139 INDEFEASIBLE RIGHT TO USE AGREEMENT THIS INDEFEASIBLE RIGHT TO USE AGREEMENT (“Agreement”) is made as of the 6th day of January, 2020 (“Effective Date”), by and between Riverstreet Inc. (“LESSEE”) and Person County Government (“LESSOR” and with LESSEE, each is a “party” and both are “parties”). WHEREAS, LESSOR owns and controls a multi-strand optical fiber cable system located throughout Person County on the route identified on the map attached within this agreement as Exhibit A (including any change or amendment to such route as described in Section 3.2(a) and ARTICLE X, the “Cable”); and Whereas two (2) Strands of dark fiber (buffer tube and individual strands to be determined by agreement of lessee and lessor have been declared surplus property by the lessor and are eligible for a 20-year lease pursuant to NC Law including but not limited to NC GS 153A-176, Article 12 of Chapter 160A and 143B-1373 WHEREAS accommodation by LESSOR does not reduce, impede or circumvent LESSEE’s commercial interest in its other property or place additional material burdens upon LESSEE, other than as stated in this Agreement; and WHEREAS, LESSEE wishes to obtain an exclusive Indefeasible Right to Use (“IRU”) to a designated number of fiber strands within the Cable and a nonexclusive IRU of the access points and underlying rights related thereto; WHEREAS, LESSOR wishes to provide LESSEE said IRUs, to be used for any lawful purposes, contemplated to support LESSEE’s future commercial, non-commercial, educational, health care, and public sector customers and, its other network user constituents, to include the provisioning of communication signal transportation and delivery capability, sale and re-sale of telecommunications services, lease(s), sublease(s), sub-IRU(s), and grant(s) of any other rights of use in said fibers, access points, and related rights for “lit fiber” as such terms are commonly understood in the telecommunications industry; WHEREAS, LESSEE shall be restricted from offering fibers obtained under this IRU agreement as “dark fiber” lease to any other third party; and WHEREAS, the parties wish to establish procedures for use of designated space for points of access to the fiber granted under this Agreement, including within handholes, manholes, splice enclosures, pedestals, fiber huts, and patch panels, both along the routes and at the end points of each such fiber, as may be changed from time to time as described in Section 3.2(a) and ARTICLE X (“Access Points”); IN CONSIDERATION OF the mutual promises stated in this Agreement, the sufficiency and receipt of which are acknowledged by the parties, the parties herewith agree: 140 2 ARTICLE I INCORPORATION OF RECITALS The recital paragraphs above are incorporated by reference in this ARTICLE I and are made a part of this Agreement. ARTICLE II TERM 2.1 Initial Term. The term of this Agreement shall begin on the Effective Date and shall continue in effect for a period of twenty (20) years from the Delivery Date, as defined in Section 5.3, expiring at midnight on the twentieth (20th) anniversary of the Delivery Date, unless terminated sooner as permitted under this Agreement (the “Initial Term” and, together with the Renewal Term specified in Section 2.2 and the holdover period specified in Section 2.3, the “Term”). 2.2 Extension. Upon approval of the lessee pursuant to NC law, on at least sixty (60) days’ written notice given prior to the expiration of the Initial Term (or on whatever period is determined in paragraph (c) of this Section 2.2), LESSEE shall have the option, but not the obligation, to extend the Initial Term for a second term the shorter of fifteen (15) years or the industry standard then-remaining useful life of the LESSEE Fibers (“Renewal Term”). (a) Any time during the nineteenth (19th) year of the Initial Term, LESSEE may request a market analysis of the annual fair market rent of the assets LESSEE is then receiving from LESSOR under this Agreement for the Renewal Term. If LESSEE requests said market analysis, the parties promptly shall agree on an independent person or company (the “Broker”) to make the market analysis. If LESSEE exercises its option to extend the Initial Term for the Renewal Term, then the annual fee payable from LESSEE to LESSOR for the Renewal Term shall be that annual fair market rent determined by the Broker. The parties shall share equally the fee of the Broker for said market analysis, payable within thirty (30) days of receipt of an invoice. (b) If the parties are unable to agree within forty-five (45) days of request on the Broker, then each party shall obtain its own said market analysis at its own expense, and the fee for the Renewal Term if LESSEE exercises its option therefor shall be the average of the annual fair market rent of the assets LESSOR is then receiving under this Agreement for the Renewal Term as determined by the independent persons and/or companies individually obtained by the parties. However, if either party fails to obtain said market analysis and if LESSEE exercises its option for the Renewal Term, then the fee for the Renewal Term shall be that annual fair market rent determined by the independent person or company obtained by the other party. (c) The period of sixty (60) days’ written notice for a Renewal Term (as provided in Section 2.2) shall be shortened to whatever period is ten (10) days after the receipt by LESSEE of the market analyses specified in paragraphs (a) and (b) of this Section 2.2. (d) The annual fee for each year of the Renewal Term shall be payable in twelve (12) equal monthly instalments payable on the first day of each month without the necessity of an invoice therefor. 141 3 2.3 Holdovers. If LESSEE does not elect the Renewal Term, this Agreement shall continue month-to-month until terminated by either party on sixty (60) days’ written notice to the other. During the period of month-to-month holdover occupancy, the monthly IRU fee payable by LESSEE to LESSOR shall be one two hundred and fortieth (1/240th) or $325 per month of the initial IRU Fee. The sums payable by LESSEE to LESSOR in any renewal and month-to-month term shall be in addition to the costs and fees for maintenance and repair of the LESSEE Fibers and LESSEE Access Points at mutually acceptable reasonable costs and fees based on market rates and other related factors, all as negotiated and agreed by the parties in good faith. ARTICLE III GRANT OF INDEFEASIBLE RIGHT TO USE 3.1 LESSEE Fibers, LESSEE Access Points, LESSEE Underlying Rights, and LESSEE IRU. (a) Commencing on the Delivery Date and for the duration of the Term, LESSOR grants to LESSEE, and LESSEE accepts from LESSOR, (i) an exclusive and unrestricted IRU in 2 strands of single mode fiber (namely, fiber optic fibers) of the Cable as described on Exhibit A, as may be changed from time to time as described in Section 3.2 and ARTICLE X (“LESSEE Fibers”); (ii) a non-exclusive IRU in the Access Points to the Cable, currently as described on Exhibit B as may be changed from time to time as described in Section 3.2 and ARTICLE X (“LESSEE Access Points”); (iii) a non-exclusive IRU in the Cable sheath, hardware, and other components necessary for the placement, continuity, and protection of the LESSEE Fibers and LESSEE Access Points (“LESSEE Associated Property”); (iv) to the extent required or transferrable for the benefits contemplated pursuant to Section 6.2, a nonexclusive interest in the below-defined Governmental Approvals and Rights of Way required from time to time for LESSEE’s compliance with its duties pursuant to Section 6.2(d), including as to the provision of the LESSEE IRU (defined herein) for LESSEE’s permitted uses of and access to the LESSEE Fibers, LESSEE Access Points, and LESSEE Associated Property (the rights granted in (i), (ii), (iii), and (iv) are referred to collectively as the “LESSEE IRU”, and the rights granted and applicable in (iii) and (iv) are referred to collectively as “LESSEE Underlying Rights”); and (v) a non-exclusive right to temporarily use dark fiber strands of the Cable as expressly authorized and subject to availability from time to time in LESSOR’s reasonable discretion in the event of an emergency, all including the right to attach LESSEE equipment and equipment of LESSEE’s transferees and designees to such LESSEE Fibers and to use the rights granted in accordance with the terms of this Agreement. (b) LESSEE covenants that it will use and access the LESSEE Fibers, LESSEE Access Points, and LESSEE Underlying Rights only in accordance with applicable local, state, and federal laws, ordinances, rules, and regulations (collectively, “Law” or “Laws”) and in a manner which will not interfere with or interrupt LESSOR’s business or use and enjoyment of LESSOR’s assets or property, provided that LESSOR covenants and represents for LESSOR’s reliance thereon that the uses contemplated within this agreement will not interfere with or interrupt LESSOR’s business or use and enjoyment of LESSOR’s assets or property. (c) LESSEE shall have access to the LESSOR Fibers only at the LESSEE Access Points outlined in Exhibit B. LESSEE access and or attachment at a LESSOR Access Point shall be accomplished by LESSEE providing LESSOR a notice requesting such access and or attachment to the LESSEE Fibers. Notice from LESSEE to LESSOR shall include sufficient 142 4 information so as to specify the desired LESSOR Access Point together with a description of the scope of work contemplated, including a detailed splice diagram should splicing to the LESSEE Fibers be required. On receipt of a notice request from LESSEE, LESSOR shall schedule the appropriate work to complete the requested access and or attachments (i.e., splicing) at the designated LESSEE Access Point. LESSEE shall have the option but not the obligation to have one or more of its representatives present during the maintenance window while the work is being accomplished at the LESSEE Access Point. Parties acknowledge and agree that the usual or customary scheduling interval for a routine maintenance window for Access Point entry shall be ten (10) days in advance of such access (See Exhibit D for Maintenance Specifications); provided that, in the event of an emergency requiring immediate access to a LESSEE Access Point, LESSOR shall make an attempt to reasonably accommodate the LESSEE’s request for emergency or expedited access and shall attempt to make its employees available on an expedited basis. LESSEE shall have no contact with any other LESSOR fibers in the Route except as is expressly permitted under this Agreement. (d) The LESSEE IRU does not convey any legal title to any real or personal property, including the LESSEE Fibers and LESSEE Access Points related to the Cable, or create any security interest. The LESSEE IRU conveys all beneficial title and interest in the LESSEE Fibers, and LESSEE shall be the beneficial owner of the LESSEE Fibers during the Term, possessing equitable title thereto and shall have the exclusive and irrevocable right of use of the LESSEE Fibers as if LESSEE were the absolute owner thereof, all in accordance with the terms and conditions of this Agreement. (e) LESSOR may take such additional action as may be reasonably necessary or appropriate to document and publish the LESSEE IRU, subject to LESSEE’s reasonable review and approval in advance of such publishing or dissemination, including the execution and acknowledgement of a Memorandum of IRU (or similar document) for recordation in the appropriate governmental office to constructively notify third parties of the rights granted under this Agreement. 3.2 Fiber, Access Points, and Route Changes. (a) LESSEE Fiber routes as identified on Exhibit A, as may be changed from time to time as described in this Section 3.2 or pursuant to Relocation under ARTICLE X, sometimes are referred to individually as a “Route” or collectively as the “Routes.” The LESSEE Fibers in the Routes, as may be changed from time to time as described below or pursuant to Relocation under ARTICLE X, sometimes are referred to individually as a “Fiber” and collectively as the “Fibers.” Notwithstanding any provision or implication to the contrary in this Agreement, the LESSEE Fibers granted pursuant to this Agreement by LESSOR and the path of the Route applicable thereto may change from time to time: (i) in LESSOR’s reasonable discretion and at LESSOR’s sole cost and expense, which cost and expense shall be paid promptly by LESSEE, when necessary due to LESSOR’s economic, voluntary technological, or voluntary regulatory reasons (i.e., when not required by Law) including costs and expenses as to LESSOR’s re-provisioning of its assets and increased maintenance fees if the applicable route distance is lengthened); or (ii) at the direction of any regulatory agency or other governmental body or condemner having apparent authority, as provided in and subject to ARTICLE X. The cost for such relocation or rearrangement as required by Law without negligence or misconduct of either party shall be allocated to each of the parties on a prorated basis (LESSEE’s share being measured as a ratio of the number of LESSEE Fibers to the total number of Fibers in the subject Cable in 143 5 the applicable portion of the Route, and with LESSOR’ share being the balance). Notwithstanding the foregoing, in no event may LESSOR voluntarily change without LESSEE’s consent the number of LESSEE Fibers granted pursuant to this Agreement in the subject Route, or the beginning or terminus points of the subject Route or the location of any LESSEE Access Points. No changes under this Section shall result in LESSEE’s inability to use, as permitted by this Agreement, any of the LESSEE Fibers in the subject Route other than at those times stated in Section 6.4(k) for rerouting of the Cable containing the LESSEE Fibers or LESSEE Access Points. (b) LESSEE shall have an option of moving to substitute comparable routes with newer fibers that the LESSOR may install after execution of this agreement. This option exists so long as the strand mileage is roughly comparable (within 5% of the strand mileage plus or minus). The substitute routes shall maintain and continue the terms and conditions of agreement that governed the original route. (c) As to those Access Points identified on Exhibit B, it is LESSEE’s obligation to bring its fiber up to and into the LESSEE Access Point, and LESSOR shall then be obligated to perform the splicing with the LESSEE Fibers within the LESSEE Access Points as per the notice requirements described in Section 3.1(c). If LESSEE desires to have access to the LESSEE Fibers at additional locations along the Route of LESSEE Fibers, LESSEE shall request same in writing from LESSOR; and if LESSOR is able to accommodate the request in LESSOR’s reasonable discretion based on then current and anticipated internal and external factors, needs and/or projections, LESSOR shall establish a new LESSEE Access Point at such location and shall perform the splicing related thereto, all at LESSEE’s sole cost and expense at the then- prevailing reasonable market rates. 3.3 Telecommunications Services. Except as specifically provided in this Agreement, in no event shall the foregoing grant of IRU be construed as a duty or obligation of LESSOR to provide to LESSEE any telecommunications services, equipment space, licenses, rights of way, or other consents for any attachments to or other uses of LESSEE Fibers. The provision of telecommunications services, equipment space, and any such usage rights associated with the provision of telecommunications services are outside the scope of this Agreement. 3.4 Sale or Abandonment of Cable or Fibers. If, prior to expiration of the Term, LESSOR sells Or leases the Cable or any Fibers, the LESSEE IRU shall not be affected, any such sale shall explicitly be made subject to the LESSEE IRU and other rights granted under this Agreement, and LESSOR shall remain liable for performance of all of LESSOR’s duties under this Agreement or, in the event of a bulk sale, sale, conveyance or merger of greater than 51% of the assets of LESSOR, LESSOR’s successor in interest shall assume LESSOR’s duties under this Agreement and be liable for performance thereof. If, prior to expiration of the Term, LESSEE is sold in whole or in part, LESSEE’s obligations under this Agreement shall not be affected, any such sale shall explicitly be made subject to the LESSEE obligations under this Agreement, and LESSEE or its successor in interest in the event of a bulk sale, sale, conveyance or merger of greater than 51% of the assets of LESSEE shall remain liable for performance of all of LESSEE’s duties under this Agreement. If, after expiration of the Initial Term, LESSOR abandons the Cable or its Fibers, LESSOR shall reasonably cooperate with LESSEE in taking such action as is required to allow LESSEE to maintain and use the LESSEE IRU. In the event of any such abandonment and if any IRU or maintenance or repair fee has been paid in advance related thereto, those amounts shall be prorated as to the number of days, and the portion applicable after the abandonment shall be promptly refunded by LESSOR to 144 6 LESSEE and no further sums shall be payable by LESSEE to LESSOR as to the abandoned Cable and Fibers. If, during the Initial Term, LESSEE abandons the LESSEE Fibers, LESSEE shall reasonably cooperate with LESSEE in taking such action as would be required to allow LESSOR to recover use of the LESSEE Fibers. In the event of any such abandonment by LESSEE all IRU fees paid by LESSEE for the LESSEE Fibers are non-refundable and no maintenance, repair, relocation, or other fees shall be payable by LESSEE thereafter. 3.5 LESSEE forbidden to Grant of Third-Party Rights in LESSEE Fibers, LESSEE Access Points, and LESSEE Underlying Rights. Notwithstanding any provision in ARTICLE XII to the contrary, the parties agree and acknowledge that LESSEE does not possess the right to grant to third parties IRUs and any other rights to use the LESSEE Dark Fibers, LESSEE Access Points, and LESSEE Underlying Rights. ARTICLE IV COMPENSATION 4.1 LESSEE IRU Fee. In consideration for the rights granted to LESSEE in this Agreement, LESSEE will pay LESSOR a lease fee of $750 per strand mile to be paid in monthly installments for 84 months beginning 4/1/2021 and $175 per linear mile per year for fiber maintenance. 4.2 Lease and maintenance payments will be made according to the following schedule: RiverStreet will pay the County $1,686.90 per month for 84 months beginning 4/1/2021 through 3/30/2028. After 3/30/2028, RiverStreet will pay $9,100 annually for maintenance of the dark fiber on or before April 1st of each calendar year. The maintenance rate for the 20 Year IRU period will be $175 per linear mile. Fibers per Route mile as to the applicable Fibers, all as listed on Exhibit A (i.e., the designated amount times the number of applicable strands times the number of applicable Route miles). LESSEE shall pay said amount in two equal installments. The first installment shall be due and payable with the execution of this agreement as evidenced by the signatures of the Parties. The second installment shall be due and payable the later of (a) the Delivery Date of the LESSEE Fibers, as defined below, or (b) thirty (30) days following LESSOR’s submission of a correct invoice to LESSEE. 4.3 Annual Maintenance and Repair Fees. Upon the later of the Delivery Date or following thirty (30) days of LESSEE’s receipt of LESSOR’s invoice, LESSEE shall pay LESSOR a fee for LESSOR’s below-defined maintenance and repair duties, initially at the rate of $175 per Linear Route mile as to the applicable Fibers, all as listed on Exhibit A (i.e., the designated amount times the number of applicable Route miles). ARTICLE V FIBER SPECIFICATIONS AND INSTALLATION 5.1 Fiber Specifications Definition. Attached as Exhibit C are specifications, as may be modified or amended from time to time pursuant to Section 5.2 (the “Fiber Specifications”), indicating the specifications required as to the LESSEE Fibers. 145 7 5.2 Modifications and Amendments to the Fiber Specifications. Each party’s technological, operational, or other business requirements may require modifications or amendments to the Fiber Specifications from time to time. Any such modifications or amendments are subject to the other party’s consent. At the cost and expense of the party proposing such modifications or amendments, the other party shall reasonably accommodate and cooperate to effect and implement those modifications and amendments. Notwithstanding any provision or implication to the contrary, reasonable accommodation and cooperation as described in this Section 5.2 shall not, without limitation, require a party to consent to a reduction or increase of the number of Fiber strands in the Route, a reduction of the amount of transmission capacity available on each such Fiber strand, the relocation of the beginning or ending point of any Route, the loss of the availability of any Access Point(s), or the inability to use the number of Fibers granted to or retained by such party in the Route, each for any time other than at those times stated in Section 6.4(k) for non-emergency testing, maintenance, repair, and rerouting of Cable, Fibers, or Access Points. 5.3 Acceptance and Delivery Date. The “Delivery Date” is the latest date on which LESSOR has provided to LESSEE Optical Time Domain Reflectometer (“OTDR”) readings on the LESSEE Fibers in accordance with the Fiber Specifications, and LESSEE has accepted in writing the LESSEE Fibers (or the LESSEE Fibers have been deemed accepted), in accordance with Section 6.4. 5.4 Costs and Expenses of Installation, Initial Splicing, and Testing. LESSOR is responsible for timely payment of all costs and expenses incurred with respect to installation and construction of the Cable and Fibers in the Route(s), testing pursuant to Section 5.3, and the costs and expenses incurred in obtaining and retaining the Governmental Approvals and Rights of Way for installation, construction, access, maintenance, repair, and testing, and use of the Cable and Fibers, and for the granting of the LESSEE IRU, all for the uses contemplated by this Agreement. LESSEE is responsible for timely payment of the costs and expenses incurred with respect to the initial splicing of the LESSEE Fibers at LESSEE Access Points and for all other costs and expenses associated with use of the LESSEE Fibers and LESSEE Access Points (e.g., equipment necessary to make the LESSEE Fibers operational) except as otherwise provided in this Agreement. 5.5 General Provisions. LESSOR represents, warrants, and covenants to LESSEE that all installation and splicing required in connection with the Cable shall be performed in a good and workmanlike manner, using good engineering practices, in accordance with all applicable Laws. LESSOR shall deliver to LESSEE as-built drawings for the LESSEE Fibers complying with the specifications stated in Exhibit C. For LESSEE Fibers for which construction is completed, such drawings shall be delivered to LESSEE upon execution of this Agreement, and for all LESSEE Fibers not yet constructed, within thirty (30) days of completion of construction. ARTICLE VI OWNERSHIP, APPROVALS, AND OPERATION OF CABLE, ACCESS POINTS, AND RELATED EQUIPMENT 6.1 Ownership. Subject to the terms and conditions of this Agreement and except that each splicing enclosure shall be owned and/or controlled by the party that installed or provided it, (a) LESSOR, or its permitted successors or assigns, shall own and/or control the Cable, Fibers, Access Points, and all equipment used by LESSOR in its operation thereof, and (b) LESSEE, or its permitted successors, assigns, or other transferees, shall own and/or control all equipment applicable to use of the LESSEE Fibers and use of the LESSEE Access Points (but excluding the LESSOR Fibers, LESSOR Access Points, and LESSOR Associated Property). The interest of LESSEE in the Cable, 146 8 LESSEE Fibers, LESSEE Access Points, and all the equipment related to the operation thereof shall be only as expressly provided in this Agreement. 6.2 Installation and Operation Approvals. (a) “Governmental Approvals” means all permits, licenses, franchises, registrations, certificates, authorizations, variances, exemptions, orders, agreements, and approvals required by Law or lawfully mandated by any governmental or quasi-governmental authority in connection with the installation, maintenance, repair, replacement, relocation, and operation of the Cable, Fibers, and the Access Points and with LESSOR’s granting of the LESSEE IRU for the uses permitted under this Agreement. “Right(s) of Way” shall mean one or more right of way, easement, or similar right to use real property, or any right to attach to or install in, on, or under facilities, granted by any person, entity, or governmental authority to LESSOR for LESSOR to install, access, test, splice, maintain, repair, relocate, and operate, and for LESSEE and its transferees and customers to use, fiber, cable, conduit, manholes, handholes, pedestals, poles, and associated facilities and equipment in real property or facilities owned or controlled by such person, entity, or governmental authority in connection with the Cable, Fibers, or Access Points. (b) LESSOR covenants that it shall obtain and maintain at its cost and expense all Governmental Approvals and Rights of Way required for installation, access, testing, splicing, maintenance, repair, replacement, relocation, and operation of the Cable, Access Points and LESSOR Associated Property by LESSOR, and for the providing of the LESSEE IRU for the uses permitted under this Agreement. LESSOR shall provide all copies of Government Approvals and Rights of Way agreements for LESSEE inspection upon request. (c) LESSOR covenants that it shall obtain and maintain at its cost and expense any additional approvals not included within the Governmental Approvals and Rights of Way obtained by LESSOR and otherwise required for LESSEE’s use of the LESSEE Fibers and LESSEE Access Points and the installation of any associated equipment, including any franchises, permits, or licenses required for LESSEE’s operation of its business where the LESSEE Fibers and LESSEE Access Points are located. (d) Each party covenants that it shall comply with the terms and conditions of the Governmental Approvals and Rights of Way applicable to the Cable, LESSEE Fibers, and LESSEE Access Points of which it has notice, the current such terms and conditions being stated on Schedule B, provided that each party shall use best efforts to assure that any future such Governmental Approvals and Rights of Way for which it is responsible to obtain and maintain are not inconsistent with the rights and duties of the other party under this Agreement. Each party, commencing on the Delivery Date, covenants to keep the Governmental Approvals and Rights of Way for which it is responsible in full force and effect during the Term. After receipt of notice of requirements, neither party shall take any action, nor fail to take any required action, that would constitute a breach of any applicable Governmental Approval or Rights of Way; however, if notwithstanding the use of best efforts any future such Governmental Approvals and Rights of Way are inconsistent with any material right or duty under this Agreement, then any costs and expenses arising therefrom shall be promptly payable by the party responsible for obtaining and maintaining such Governmental Approvals and Rights of Way. 147 9 6.3 Insurance. (a) During the term of this Agreement and for one (1) year thereafter, each party shall maintain a policy of comprehensive liability insurance, including public liability, bodily injury, and property damage, written by a company licensed to do business in the State of North Carolina, covering use and activity contemplated by this Agreement with combined single limits of no less than $1,000,000 per occurrence and $3,000,000 aggregate. Each policy shall name the other party as an additional insured for the said purpose and use of this Agreement, provided that such coverage shall exclude events or damages arising from the additional insured’s acts or omissions. Each party also shall maintain Workers’ Compensation insurance to meet the requirements of the Workers’ Compensation laws of the State of North Carolina where applicable. Certificates of Insurance evidencing such insurance coverage shall be provided to the other party. (b) To the extent of any payment of proceeds or benefits under any property damage or liability insurance policy described in this Agreement or otherwise maintained by either party for damage to property in or around the Cable or liability related thereto, the party receiving such payment, on behalf of itself and its affiliates, hereby waives any right of subrogation it may have against the other party and its affiliates. 6.4 Acceptance Testing, Splices, Inspection, Maintenance, Repair, Rerouting, and Replacement Fibers. (a) LESSOR shall arrange, at its own cost and expense, for testing of the LESSEE Fibers within the later of (i) one hundred twenty (120) days from the Effective Date, or (ii) thirty (30) days from completion of the engineering and splicing of the LESSEE Fibers, unless LESSEE waives such testing in writing. Within five (5) days of LESSOR providing test results of such testing to LESSEE, LESSEE shall notify LESSOR in writing whether or not LESSEE accepts the LESSEE Fibers; provided that if LESSEE fails to notify LESSOR within an additional five (5) day period, the Fiber shall be deemed accepted. If LESSEE notifies LESSOR of its non- acceptance of the LESSEE Fibers, the parties shall cooperate in good faith to resolve any disagreements or discrepancies with respect to the LESSEE Fibers so that the LESSEE Fibers may be accepted within thirty (30) days. LESSOR and LESSEE shall cooperate with each other to accomplish any such testing required to be made under this Agreement, including as provided in Exhibit C. (b) Except as otherwise provided in Section 6.2, LESSOR or its authorized agents, employees, contractors, or subcontractors has sole and exclusive control and power to arrange and shall arrange for and perform at LESSOR’s own cost and in a good and workmanlike manner, using good engineering practices, all testing, inspection, maintenance, repair, replacement, and relocation of the Cable, Fibers, Access Points, LESSOR Associated Property, and splicing related thereto, all in accordance with industry standards, the Fiber Specifications, applicable Law, and this Agreement. LESSOR shall not be liable for any loss or damage to any asset of LESSEE which malfunctions or is not installed, tested, maintained, repaired, replaced, or relocated properly by LESSEE. Neither LESSOR nor its below-defined Agents shall test, rearrange, move, disconnect, splice, remove, maintain, repair, or attempt to test, rearrange, move, disconnect, splice, remove, maintain, or repair the Cable, Fiber, Access Points, or equipment owned or controlled by LESSEE except with the prior written consent of LESSEE or as provided in Section 8.2. LESSOR shall provide the below-defined Scheduled Maintenance and Unscheduled Maintenance for testing, regular inspection, maintenance, and repair of the LESSEE 148 10 Fibers, LESSEE Access Points, and LESSEE Associated Property. LESSOR’s maintenance employees, contractors, subcontractors, or agents shall correct or repair any discontinuity or damage to the LESSEE Fiber, LESSEE Access Points, and LESSEE Associated Property, including Emergency Unscheduled Maintenance, in accordance with the terms of this Agreement. (c) Except as otherwise provided in Section 6.2, LESSEE or its authorized agents, employees, contractors, or subcontractors has exclusive control and sole power to arrange and shall arrange for and perform at its own cost and in a good and workmanlike manner, using good engineering practices, all installation, testing, inspection, maintenance, repair, and replacement of all its own equipment, all in accordance with industry standards, applicable Law, and this Agreement. LESSOR shall not be liable for any loss or damage attributable to any equipment of LESSEE which malfunctions or is not installed, tested, maintained, or repaired properly by LESSEE through no negligence or misconduct of LESSOR or its Agents. Neither LESSEE nor its Agents shall rearrange, move, disconnect, remove, test, maintain, repair, or attempt to rearrange, move, disconnect, remove, test, maintain, or repair equipment owned or controlled by LESSOR except with the prior written consent of LESSOR or as provided in Section 8.2. Notwithstanding the foregoing, LESSEE retains the right to halt any activities of LESSOR and/or its contractors, agents, affiliates, related to the LESSEE Fibers (or related assets) in the event said activities create, in LESSEE’s sole reasonable opinion, any material non-industry standard hazardous condition. In such circumstances LESSEE will outline the hazardous condition in writing via fax or email to LESSOR and, prior to taking any action to halt any activities of LESSOR which would disrupt or suspend LESSEE’s fiber optic network connectivity, LESSEE shall give LESSOR at least forty-eight (48) hours to correct such hazardous condition. Notwithstanding the above, if in the sole reasonable opinion of LESSOR an imminent material and unusual threat to life, person or property exists, LESSOR may cause such threat to be removed or terminated from and after identification without requirement of prior notice to LESSEE but with notice to LESSEE as soon as practicable thereafter. (d) “Scheduled Maintenance or Planned Cable Activity (PCA)” means (i) routine maintenance and repair of the subject LESSEE Fibers, LESSEE Access Points, and LESSEE Associated Property, including replacement if necessary for operation according to the Fiber Specifications, except as otherwise provided in Section 6.4(u); (ii) patrol of the Cable and Access Points on a regular basis; (iii) participation in the local and state “Call-Before-You-Dig” program and all required and related cable locates; (iv) maintenance and repair of sign posts, as permitted by the underlying right-of-way owner, along the subject Cable and Access Points right- of-way with the number of the local and/or state “Call-Before-You-Dig” organization and the “800” number for the local and/or state “Call-Before-You-Dig” program if allowed by applicable state and local laws; (v) assignment of maintenance technicians; and (vi) maintenance and repair of any hut, colocation facility, or other structure used to house LESSEE Access Points, other than LESSEE equipment or other property, and subject to any provisions as contained on Schedule B of any license, lease, or other agreement with a third party by which LESSEE may have a right to access or co-occupy such LESSEE Access Point. (e) “Unscheduled Maintenance” or “Cable Restoration Activity” (CRA) means non-routine maintenance and repair of the LESSEE Fibers, LESSEE Access Points, and LESSEE Associated Property not included in Scheduled Maintenance, namely, (i) “Emergency Unscheduled Maintenance” in response to an alarm identification by either party’s designated Operations Center (as defined below), notification by LESSEE, or notification by any third party 149 11 of any failure, interruption, or impairment in the operation of the LESSEE Fibers or LESSEE Access Points, or any event imminently likely to cause the failure, interruption, or impairment of the operation of the LESSEE Fibers or LESSEE Access Points; and (ii) “Non-emergency Unscheduled Maintenance” in response to any potential (although not imminent) service- affecting situation to prevent any failure, interruption, or impairment of the operation of the LESSEE Fibers or LESSEE Access Points. (f) Upon notice of the need for Unscheduled Maintenance, LESSEE promptly shall report to LESSOR the need for such Unscheduled Maintenance in accordance with reasonable procedures developed by LESSOR and provided by LESSOR to LESSEE in advance in accordance with the Fiber Specifications. LESSOR shall log the time of each notice report to LESSEE. LESSOR, upon suspecting or being notified of a maintenance or repair problem with the LESSEE Fibers or LESSEE Access Points, shall take reasonable action to determine if the suspected problem is within the subject Cable or the LESSEE Fibers located within the subject Cable. If, after taking such reasonable action, LESSOR believes that such problem does not arise out of the subject Cable or the LESSEE Fibers within the subject Cable or the Access Points, LESSOR shall so notify LESSEE as soon as reasonably possible. LESSEE shall use reasonable efforts, subject to LESSEE’s limited access to the subject Cable as set out in this Agreement, to attempt to identify maintenance and repair problems in the subject Cable, the LESSEE Fibers, and the LESSEE Access Points. (g) Subject to the other provisions contained in this Agreement and except if arising out of the negligence or misconduct of LESSEE or its Agents, LESSOR’s duties shall not include maintenance, repair, or replacement of LESSEE’s optronics, electronics, optical, or electrical equipment, or materials, facilities, or other equipment used by LESSEE in connection with its use of the LESSEE Fibers and LESSEE Access Points. (h) LESSOR shall have a maintenance employee or contractor available for dispatch twenty-four (24) hours a day, seven (7) days a week. LESSOR shall respond to any notice of any failure of the LESSEE Fibers or LESSEE Access Points to be in accordance with the Fiber Specifications, whether or not causing any interruption of use thereof (an “Outage”), as quickly as reasonably possible in accordance with the procedures of this Section 6.4, and, in any event, LESSOR shall have a maintenance employee at the site requiring Emergency Unscheduled Maintenance activity for which it is responsible within two (2) hours after the time LESSOR becomes aware of an event requiring such Emergency Unscheduled Maintenance. LESSOR shall notify LESSEE at least five (5) business days in advance of Scheduled Maintenance for which it is responsible that will cause interruption of use by LESSEE or its customers or transferees of the LESSEE Fibers, LESSEE Access Points, or the capacity on the LESSEE Fibers. In the event that Scheduled Maintenance of which LESSEE has been so notified is canceled or delayed for any reason, LESSOR shall notify LESSEE at LESSOR’s earliest reasonable opportunity and shall comply with the provisions of the previous sentence to reschedule any such delayed Scheduled Maintenance. LESSEE shall have the right to be present during the performance of any Scheduled Maintenance or Unscheduled Maintenance so long as this requirement does not interfere with LESSOR’s ability to perform its obligations under this Agreement. (i) Each party shall provide the other party with the names and telephone numbers of at least three (3) agents or representatives, in the order that the other party shall attempt to contact them, to perform Unscheduled Maintenance and to report and seek redress of exceptions noted in the performance in meeting requirements. Representative samples of such 150 12 forms are attached as the Escalation List (Exhibit E), and such list of contact persons may be updated from time to time by the applicable party on notice to the other party. A party shall notify the applicable representatives or agents listed on the Escalation List (Exhibit E) as soon as reasonably possible following discovery of an Unscheduled Maintenance duty. (j) Each party shall work in a reasonably cooperative manner with the other party to attempt to identify problems in the LESSEE Fibers and LESSEE Access Points. Without limiting the generality of the foregoing and if any Scheduled Maintenance or Unscheduled Maintenance requires a traffic roll or reconfiguration involving LESSEE Fibers, or any electronic equipment or other facilities of a party or its transferees or customers, then, upon reasonable request, the other party shall make its personnel available as reasonably necessary to accomplish the Scheduled Maintenance or Unscheduled Maintenance, which personnel shall coordinate and cooperate with personnel of the other party in performing same as required. (k) Except as otherwise permitted in Section 6.4(n), LESSOR shall perform Scheduled Maintenance and any re-routing or replacement of the LESSEE Fibers or LESSEE Access Points between the hours of midnight and 6:00 a.m., or in the alternative at a mutually agreeable time period, in accordance with its then current preventative procedures, which shall be consistent with industry practice. Emergency, casualty, eminent domain-related, and responses to notice of LESSEE Fibers or LESSEE Access Points problems needing maintenance, repairs, or replacements may be made at any time, notwithstanding LESSOR agrees to use reasonable efforts when conducting such maintenance, repairs, and replacements to minimize any interruption of use of the LESSEE Fibers and LESSEE Access Points. (l) Neither party shall open the splice enclosure of the other party except as otherwise permitted in Section 6.2. (m) LESSOR shall use reasonable efforts to remedy any problems related to the subject LESSEE Fiber or LESSEE Access Points for which LESSOR is responsible as quickly as possible, except that restoration of LESSEE Fibers that are not immediately required for service shall be completed in a mutually agreed upon manner and on a mutually agreed upon schedule. If any LESSEE Fibers are not being utilized by LESSEE or its customer or transferee, repairs may be scheduled for the next available Planned System Work Period (“PSWP”), which is a pre- arranged period of time reserved for performing certain work on the subject LESSEE Fibers that may potentially impact LESSEE’s or its transferees’ or customers’ communications traffic. If, at any time, it becomes apparent that an Outage as to any LESSEE Fibers will extend beyond eight (8) hours, a manager or officer of each party shall work together to determine a plan to restore LESSEE Fibers as soon as possible. (n) LESSOR’s representatives responsible for initial restoration of a cut Fiber shall carry in their vehicles the appropriate equipment that would enable a temporary splice, with the objective of restoring the LESSEE Fibers as quickly as reasonably possible. LESSOR shall maintain an inventory of spare cable in one or more storage facilities supplied and maintained by LESSOR at strategic locations to facilitate timely restoration. (o) Major system work (including fiber rolls and hot cuts on LESSEE Fibers) will be scheduled during a PSWP. Generally, this will be restricted to weekends, avoiding the first and last weekend of each month and holidays of high communications traffic. 151 13 (p) Each party shall maintain sufficient capability to teleconference with the other party during an Emergency Unscheduled Maintenance on LESSEE Fibers and to provide regular communication during the repair process. When correcting or repairing an Outage or LESSEE Fiber discontinuity or damage, including in the event of Emergency Unscheduled Maintenance, LESSOR shall repair discontinuity having an impact on traffic within four (4) hours after LESSOR’s maintenance employee, contractor, subcontractor, or agent arrives at the problem site. To accomplish such objective, it is acknowledged that the repairs so affected may be temporary in nature. LESSOR, promptly upon arriving on the site of the cut, shall determine the course of action to be taken to restore the LESSEE Fibers and shall begin restoration efforts. LESSOR shall splice Fibers tube by buffer tube, rotating between tubes operated by the separate interest holders, including LESSEE, provided that lit Fibers in all buffer tubes shall have priority over any dark fibers to allow transmission systems to come back on line; and provided further that LESSOR shall continue such restoration efforts until all lit Fibers in all buffer tubes are spliced and all traffic restored. The goal of emergency restoration splicing shall be to restore service as quickly as possible. This may require the use of some type of mechanical splice, such as the “3M Fiber Lock,” or LESSEE approved equivalent, to complete the temporary restoration. Permanent restorations shall take place as soon as practicable. Within thirty-six (36) hours after completion of an Emergency Unscheduled Maintenance by LESSOR, LESSOR shall commence its planning for permanent repair if applicable, and shall notify LESSEE of such plans and shall implement and complete such permanent repair within a commercially reasonable time period. (q) In the case of any permitted rerouting activities, LESSOR shall notify LESSEE at least thirty (30) days in advance of any voluntary rerouting activities and as soon as reasonably possible in the case of any involuntary rerouting activities if the subject rerouting activities are intended to require any interruption of service by LESSOR. (r) Subject to the provisions below and in Section 6.3(b), LESSOR shall pay the costs and expenses of all maintenance, repairs, and replacements as to the Cable, Fibers, Access Points, and LESSEE Associated Property, and LESSEE shall promptly reimburse LESSOR its proportionate share of reasonable costs and expenses of any Emergency Unscheduled Maintenance that are incurred by LESSOR as to the LESSEE Fibers or LESSEE Access Points whether or not arising out of LESSEE’s negligence or willful misconduct. If Emergency Unscheduled Maintenance is required as to the LESSEE Fibers or LESSEE Access Points arising out of the negligence or misconduct of a third party, LESSOR shall take reasonable action to collect the costs and expenses thereof from such third party; however, if after the exercise of reasonable action LESSOR is unable to collect all such costs and expenses from such third party or from insurance pursuant to Section 6.3(b), then LESSEE shall pay to LESSOR LESSEE’s pro rata share (measured as a ratio of the number of LESSEE Fibers to the total number of Fibers in the subject Cable in the applicable Route) of the balance of such costs, not to exceed twenty-five percent (25%) of the monthly maintenance and repair fee per such Emergency Unscheduled Maintenance event. (s) Each party may, in its reasonable discretion, contract for its maintenance, repair, and restoration services required or performed, provided that each party shall require its contractors, subcontractors, and agents to perform in accordance with requirements and procedures at least as stringent as those in this Agreement. The use of any such contractors, subcontractors, or agents shall not release such party from liability for any of its obligations under this Agreement. 152 14 (t) Nothing in this Agreement to the contrary shall be construed to require LESSOR to be LESSEE’s exclusive provider of fiber optic facilities along the Routes or to limit in any way LESSEE’s right in its own name to apply for and obtain municipal franchises, authorizations, and permits to construct, maintain, own, lease, or otherwise obtain usage rights as to fiber optic facilities, and to apply for and obtain pole attachment agreements, conduit leases, or other rights-of-way agreements from other rights-of-way providers. Additionally, nothing in this Agreement to the contrary shall be construed to restrict LESSOR from providing fibers in the Cable to any other party, other than with respect to the LESSEE Fibers, or allowing access to the Access Points to any such third party, provided that such access shall not adversely affect the ability of LESSEE to use the LESSEE Fibers or Access Points, or the rights granted to LESSEE under this Agreement. If LESSEE elects to reconfigure the splicing applicable to the LESSEE Fibers or to construct or own its own fiber optic facilities, but without limiting the generality of Section 6.7, LESSEE may request, on ten (10) business days’ prior written notice, that LESSOR provide for reconfiguration of splicing or additional splicing in the LESSEE Access Points with any associated reasonable industry-standard cost thereof being payable by LESSEE within thirty (30) days of LESSEE’s receipt of LESSOR’s invoice. Nothing in this Agreement shall be construed to prohibit LESSEE’s sole and exclusive ownership of any fiber optic cable installed from such point of splicing. (u) Replacement Fibers. If, during the last two (2) years of the Term, any of the LESSEE Fibers do not operate within the Fiber Specifications, and LESSEE has determined in its reasonable business judgment that it is technically or economically infeasible to restore one or more of the affected LESSEE Fibers to proper operation, LESSOR shall, at its cost and expense, provide within thirty (30) days from the date that the LESSEE Fibers were first not operating within the Fiber Specifications substitute equivalent fiber(s) and applicable access points along the Route that shall comply with the Fiber Specifications (“Replacement Fibers”) and enable LESSEE’s intended use of the LESSEE Fibers (“Replacement Access Points”), including splicing thereof at the beginning, termination, and access points to enable connectivity of LESSEE’s permitted uses. LESSEE shall have an exclusive and unrestricted IRU in such Replacement Fibers and a non-exclusive IRU in the Replacement Access Points and underlying rights related to the Replacement Fibers and Replacement Access Points, and such fibers, access points, and underlying rights shall be deemed included as LESSEE Fibers, LESSEE Access Points, and LESSEE Underlying Rights, respectively, under this Agreement, and shall have the rights and be subject to the terms and conditions of this Agreement applicable to the LESSEE Fibers, LESSEE Access Points, LESSEE Underlying Rights, and the LESSEE IRU, except that the then current Term may not be extended and no option to purchase then shall apply. If during the last two (2) years of the Term and within thirty (30) days from the date that the LESSEE Fibers were first not operating within the Fiber Specifications, LESSOR fails to provide Replacement Fibers, Replacement Access Points, and applicable LESSEE Underlying Rights that permit the uses by LESSEE under this Agreement, LESSEE may terminate this Agreement in whole or in part. Upon such termination, LESSEE shall receive from LESSOR (i) a payment based on the number of months remaining in the Term divided by the months in the Term times the total IRU payment provided in ARTICLE IV; (ii) reimbursement of any advanced payment for maintenance and repair prorated based on the number of days remaining in the payment period from the date of termination divided by the days in the payment period times the payment; and (iii) a payment equal to the sum incurred for LESSEE to reprovision its equipment. 153 15 6.5 Fees, Taxes, and Impositions. For purposes of tracking real estate and personal property taxes levied on each party under applicable Law, LESSOR shall timely list the LESSEE Fibers, LESSEE Access Points, and LESSEE Underlying Rights for property taxes in each applicable tax jurisdiction. LESSOR shall pay or cause payment of, prior to delinquency, all real estate and personal property taxes, fees, levies, imposts, duties, charges, assessments, and withholdings of any nature (including right-of-way, franchise, lease, and permit fees), together with any penalties, fines, and interest thereon, imposed on the Cable, Access Points, Governmental Approvals, Rights of Way, and LESSEE’s equipment by any federal, state, or local government or other public taxing authority or otherwise arising as a charge related to the transactions contemplated by this Agreement, provided that LESSEE shall pay to LESSOR, within thirty (30) days of receipt of LESSOR’s written request, right-of-way, franchise, sales and use taxes, and other similar charges and taxes or fees imposed by third parties (including increases in fees, e.g., pole attachment fees) that either arise out of LESSEE’s permitted improvement of any of the assets granted to it under this Agreement or are legally required to be collected from LESSEE by LESSOR as a result of LESSOR’s granting of the LESSEE IRU in the LESSEE Fibers, LESSEE Access Points, or LESSEE Underlying Rights. In no event shall either party be obligated to pay income taxes levied upon the other party’s net income or any taxes otherwise arising out of the other party’s use of such assets. Nothing contained in this Agreement shall be construed as a waiver of any right of LESSOR or LESSEE pursuant to Law to protest or appeal any tax or charge assessed by any taxing authority, either directly or indirectly, as well as present any applicable exemption certificates, as to charges for which it is otherwise liable pursuant to this Section 6.5. LESSEE shall pay or cause payment of, prior to delinquency, all real estate and personal property taxes, fees, levies, imposts, duties, charges, assessments, and withholdings of any nature (including right-of-way, franchise, lease, and permit fees), together with any penalties, fines, and interest thereon, imposed on LESSEE’s equipment by any federal, state, or local government or other public taxing authority. Each party shall furnish to the other party, within thirty (30) days of receipt of request by the other party, satisfactory evidence of listing and payment of the taxes as required by it pursuant to this Section 6.5. 6.6 Electronic and Optronic Equipment. Except as otherwise expressly provided in this Agreement, LESSEE at its own cost and expense shall have the sole power to provide, arrange for, or permit the provision of equipment necessary to service its transferees and its customers buying capacity on the LESSEE Fibers. LESSEE is solely responsible for the prompt payment of the cost and expense of attaching the LESSEE Fibers to electronics and optronics. 6.7 General Use Provisions. LESSEE may access the LESSEE Fibers only at the LESSEE Access Points and in accordance with the terms of this Agreement, including Section 3.1(b). Each party represents, warrants, and covenants to the other party that it shall conduct all its operations related to the Cable, Fibers, and Access Points in a good and workmanlike manner, using good engineering practices, in accordance with applicable Law. 6.8 Removal Provisions. Promptly following the expiration or earlier termination of the LESSEE IRU, or relocation of a portion of the Route, but not to exceed forty-five (45) days, LESSEE shall vacate the subject property and shall remove all of LESSEE’s electronics, equipment, and other property of LESSEE related to the operation of such portion of the Route at its sole cost, all under LESSOR’s reasonable supervision (which supervision shall be without cost to LESSEE except as to LESSOR’s then standard service call charge and without delay to LESSEE), and without damaging property of LESSOR. If LESSEE shall not have removed all of its electronics, equipment, or other property as required, LESSOR or its designee shall have the right, but not the obligation, to remove 154 16 such electronics, equipment, or other property; and in such case, LESSEE shall reimburse LESSOR within thirty (30) days of receipt of LESSOR’s invoice for any and all reasonable costs and expenses incurred in removing LESSEE’s remaining electronics, equipment, or other property. ARTICLE VII INDEMNITY AND HOLD HARMLESS 7.1 LESSEE shall indemnify, defend, and hold harmless LESSOR and its directors, officers, contractors, agents, and employees from and against all loss, damage, liability, cost, and expense (including reasonable attorneys’ fees and costs) arising out of any claims or actions by third parties against LESSOR for bodily injury, death, or damage, loss, or destruction of any real or tangible personal property, each to the extent arising out of LESSEE’s gross negligence or willful misconduct in or about the Cable or Access Points. 7.2 To the extent permitted by NC Law, LESSOR shall indemnify, defend, and hold harmless LESSEE and its directors, officers, contractors, agents, and employees from and against all loss, damage, liability, cost, and expense (including reasonable attorneys’ fees and costs) arising out of any claims or actions by third parties against LESSEE for bodily injury, death, or damage, loss, or destruction of any real or tangible personal property, each to the extent arising out of LESSOR’s gross negligence or willful misconduct in or about the Cable or Access Points. 7.3 Each party shall provide the other party with prompt written notice of each written third-party claim covered by this ARTICLE VII and shall cooperate with the other party in evaluating each such claim. If requested by the indemnitee, the indemnitor shall reasonably defend, assume the defense, or pay reasonable defense fees and costs of indemnitee as to such claim. Neither party shall settle of compromise any such claim, or consent to a judgment, without the other party’s consent and an unconditional release of the indemnitee as to all indemnified claims of said third party. ARTICLE VIII DEFAULT AND REMEDIES 8.1 Default. If a party fails to pay any amount required under this Agreement and such failure continues for thirty (30) days after receipt of written notice of such failure from the other party, the breaching party shall be in default unless such failure is waived in writing by the non-breaching party within such thirty (30) days. If a party fails to maintain, repair, splice, replace, or substitute fiber and access points as required under this Agreement and such failure continues for forty-eight (48) hours after receipt of written notice of such failure from the other party, the breaching party shall be in default unless such failure is waived in writing by the non-breaching party within such forty-eight (48) hours. Provided, however, that where such failure cannot reasonably be cured within such forty-eight (48) hours and if the breaching party shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such failure shall be extended for the lesser of such period of time as may be necessary to complete such cure or an additional forty-eight (48) hours. Provided further that if the failure to maintain, repair, splice, replace, or substitute fiber and access points as required under this Agreement results in an inability to use or interference with the use of fiber optic assets, of the nonbreaching party, then no cure right by the breaching party shall apply to such period of inability to use or interference, and the nonbreaching party shall have an immediate right to cure the breach and the breaching party shall pay the 155 17 nonbreaching party the nonbreaching party’s reasonable direct expense of such cure, payable within thirty (30) days of receipt of an invoice therefor. No provision in this Agreement shall be construed to limit each party’s duty to mitigate damages; and each party shall have a duty to seek reasonable costs for direct cures from any liable third party, if applicable. If a party fails to perform any other duty required under this Agreement and such failure continues for thirty (30) days after receipt of written notice of such failure from the other party, the breaching party shall be in default unless such failure is waived in writing by the non-breaching party within such thirty (30) days; provided, however, that where such failure cannot reasonably be cured within such thirty (30)-day period and if the breaching party shall proceed promptly to cure the same and prosecute such cure with due diligence, the time for curing such failure shall be extended for the lesser of such period of time as may be necessary to complete such cure or an additional thirty (30) days; and provided further that if the breaching party certifies in good faith to the non-breaching party in writing that such failure has been cured, such failure shall be deemed to be cured unless the non-breaching party otherwise notifies the breaching party in writing within fifteen (15) days of receipt of such notice from the breaching party. 8.2 Remedies. (a) Except as otherwise provided in this Section 8.2, upon any default by a party, after written notice thereof from the non-breaching party, the non-breaching party may (i) take such action as it determines, in its discretion, to be necessary to correct the default and, subject to Section 8.3, recover from the breaching party its reasonable costs and expenses incurred in correcting such default, payable within thirty (30) days of receipt of an invoice therefor; and (ii) pursue any legal remedies it may have under applicable Law or principles of equity relating to such default, including specific performance. (b) Upon a default by a party and before resorting to legal procedure or action, the default shall be mediated within 30 business days from the date a written request for mediation is made by either party. The mediation shall take place in North Carolina. The mediation shall be conducted before a single mediator to be agreed upon by the parties. If the parties cannot agree on the mediator, each party shall select a mediator and such mediators shall together unanimously select a neutral mediator who will conduct the mediation. Each party shall bear the fees and expenses of its mediator and the parties shall equally bear the fees and expenses of the final mediator. The decision of the mediator shall not be binding on the parties. Following such mediation, in the event that a party must seek enforcement of remedies set forth in this ARTICLE VIII through an attorney or some other legal procedure or action, the prevailing party in such procedure or action shall be entitled to collect reasonable attorneys’ fees (including those related to mitigation of damages). (c) If the defaulting party fails to pay any sum payable under this Agreement by its due date, the unpaid amount shall bear interest at the rate of twelve percent (12%) per annum or the maximum lawful rate (if lower) from the due date until paid. In addition, if the defaulting party fails to pay any sum payable under this Agreement within forty (40) days of its due date, a late charge equal to two percent (2%) of such sum or the maximum lawful rate (if lower) shall be due and payable immediately to the non-breaching party. Notwithstanding the foregoing, in no event shall any interest or late charge payable or paid pursuant to this Agreement exceed the maximum permitted by Law; and any interest or late charge so payable or paid shall be reduced or reimbursed so that such amounts shall not exceed the maximum permitted by Law. 156 18 8.3 Limitation of Liability. (a) In no event shall LESSOR be liable to LESSEE or to any person or entity claiming through or under LESSEE for (i) any injury or damage by or from any act, omission, or negligence of any third party (except as otherwise may be provided in ARTICLE VII); (ii) any injury or damage to persons or property resulting from a casualty unless caused by willful misconduct or gross negligence of LESSEE or its Agent(s) acting in the course and scope of his (their) employment, agency, or contractual relationship with LESSEE, except to the extent of any release or waiver pursuant to Section 7.3; and (iii) any defect in the Cable, Fibers, Access Points, or equipment, except if related to failure to maintain, repair, and replace the Cable, Fibers, Access Points, or related equipment required of LESSOR in this Agreement. (b) In no event shall LESSEE be liable to LESSOR or to any person or entity claiming through or under LESSOR for (i) any injury or damage by or from any act, omission, or negligence of any third party (except as may be provided in ARTICLE VII); and (ii) any injury or damage to persons or property resulting from a casualty unless caused by willful misconduct or gross negligence on the part of LESSOR or its Agent(s) acting in the course and scope of his (their) employment, agency or contractual relationship with LESSOR, except to the extent of any release or waiver pursuant to Section 7.3. (c) EXCEPT TO THE EXTENT SPECIFICALLY STATED IN THIS AGREEMENT OR TO THE EXTENT ARISING FROM A PARTY’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT IN THE PERFORMANCE OF THIS AGREEMENT, OR AS TO EACH PARTY’S INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, IN NO EVENT SHALL EITHER PARTY OR ANY OF ITS AFFILIATES HAVE ANY LIABILITY FOR: ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES, LOSS, COST, OR EXPENSE (INCLUDING LOSS OF PROFIT OR REVENUE OR ANY COMMERCIAL LOSS OF ANY KIND INCLUDING LOSS OF BUSINESS OR PROFITS) ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ITS OBLIGATIONS UNDER THIS AGREEMENT, WHETHER INCURRED OR ARISING OUT OF OR FROM OR AS A RESULT OF THE USE OR UNAVAILABILITY OF ANY CABLE, FIBER, OR ACCESS POINT, OR THE PERFORMANCE, NON-PERFORMANCE, TERMINATION, BREACH, OR OTHER ACTION OR INACTION UNDER THIS AGREEMENT, OR FOR ANY OTHER REASON, AND WHETHER BASED ON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE; OR FOR ANY DAMAGES OR LOSSES ARISING FROM ANY OUTAGE OF FIBERS MAINTAINED AND REPAIRED AS REQUIRED BY THIS AGREEMENT OR ANY INCORRECT OR DEFECTIVE TRANSMISSIONS OR ANY CONSEQUENCES THEREOF ARISING OUT OF ANY OUTAGE OF FIBERS. (d) EXCEPT AS SPECIFICALLY STATED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING AS TO THE MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OF ITS CABLE, THE FIBERS, ACCESS POINTS, OR AS TO ANY OTHER MATTER, AND ALL SUCH WARRANTIES ARE EXCLUDED AND DISCLAIMED. 157 19 (e) NOTHING IN THIS SECTION SHALL CAUSE THIS AGREEMENT TO BE CONSTRUED AS A SALE. (f) The cumulative liability payable by either party to the other for damages directly arising out of or in direct connection with this Agreement is limited to an amount equal to the greater of the total amount incurred by LESSEE in its permitted uses of the LESSEE Fibers (including the IRU fee, and maintenance, repair, splicing, replacement, and relocation fees, costs, and expenses) as of the date the claim for damages arose times a multiplier of three (3), provided that the foregoing limitation shall not apply to claims covered by insurance; under ARTICLE VII; for noncompliance with Law, including taxes; and arising out of gross negligence or willful misconduct of the breaching party. 8.4 No Waiver from Course of Dealing. No course of dealing between the parties or any delay on the part of a party to exercise any right it may have under this Agreement shall operate as a waiver of any of the rights under this Agreement, or provided by law or equity. No waiver of any prior breach or default of this Agreement shall operate as the waiver of any subsequent breach or default. No express waiver shall affect any term or condition of this Agreement other than the one specified in the waiver, and any such waiver shall apply only for the time and manner specifically stated. ARTICLE IX RISK OF LOSS Except as otherwise provided in this Agreement, each party acknowledges and agrees that (a) its property applicable to this Agreement shall be installed, kept, stored, maintained, and repaired at its own risk; and (b) the other party shall not be responsible to it for any loss or damage to its equipment or other property which might result from tornadoes, lightning, wind, storms, or other Acts of God or catastrophic or other events beyond its reasonable control as described in Section 14.12. ARTICLE X RELOCATION 10.1 Relocation and Allocation of Costs. If the LESSEE Fibers, LESSEE Access Points, Cable, and/or the path any of the Routes are required to be relocated by Law or at the direction of any regulatory agency or other governmental authority or condemner having apparent authority, LESSOR either shall use reasonable efforts to reroute the applicable section of its Cable, the path of the applicable Route, and the associated LESSEE Fibers and LESSEE Access Points (“Relocation”), or, if the required relocation occurs in the last two (2) years of the then current Term, either LESSOR or LESSEE may terminate the IRU as to the affected asset by giving the other Party notice as soon as practicable after knowledge of the required relocation, provided that LESSEE shall have as much time as is commercially reasonable to reprovision and remove its affected assets, and the terminating Party shall receive a refund from the other Party of any unamortized advance payments. If the Relocation is required through no fault of LESSOR, then LESSOR and LESSEE shall pay a pro rata share (LESSEE’s share being measured as a ratio of the number of LESSEE Fibers to the total number of Fibers in the subject Cable in the applicable portion of the Route, and with LESSOR’s share being the balance) of the costs of such rerouting and related splicing which are not reimbursed or which exceed the sum paid for the route. If the Relocation is required through the negligence or misconduct of LESSOR, then LESSOR shall pay all the costs and expenses of LESSOR and LESSEE applicable 158 20 thereto, including costs and expenses as to increased maintenance fees if the applicable Route distance is lengthened. If the Relocation is required through the negligence or misconduct of LESSEE, then LESSEE shall pay all the costs and expenses of LESSOR and LESSEE applicable thereto, including costs and expenses as to increased maintenance fees if the applicable Route distance is lengthened. Amounts payable by either party to the other under this Section shall be paid within thirty (30) days of receipt of the other party’s invoice. 10.2 Procurement of Substitute Assets. Pending the completion of such Relocation, or in place of such Relocation if Relocation would result in a change in the beginning or terminus points on the applicable Routes or any LESSEE Access Points so as to have a material adverse effect on the rights granted to LESSEE under this Agreement and use and enjoyment thereof and if the portion required to be relocated is not terminated pursuant to Section 10.1, LESSOR shall provision substitute assets so as to ensure the uninterrupted use of LESSEE’s rights granted under this Agreement for the then current Term (and the Term may not be extended as to the substitute assets and no option to purchase shall apply thereto), provided that LESSOR can obtain such substitute assets at reasonable cost and expense. Provided such substitute assets shall be deemed LESSEE Fibers and LESSEE Access Points, then LESSEE shall pay its proportionate share of such cost (measured as a ratio of the number of LESSEE Fibers to the total number of Fibers in the subject Cable in the applicable portion of the Route) if the Relocation is required through no fault of LESSEE. If as of thirty (30) days’ prior to the date by which LESSOR is required to relocate its Cable and if the portion required to be relocated is not terminated pursuant to Section 10.1, LESSOR is unable to provide substitute assets that in effect will permit the uses by LESSEE contemplated by this Agreement, LESSEE may procure substitute assets at LESSOR’s cost and expense payable within thirty (30) days of receipt of notice from LESSEE with the pre-approval of LESSEE’s costs and expenses by LESSOR, where such approval shall not be unreasonably withheld, and such substitute fibers and access points shall be deemed LESSEE Fibers and LESSEE Access Points, and this Agreement shall continue in full force and effect as to the substituted LESSEE Fibers and LESSEE Access Points, and other rights or assets granted under this Agreement until such time as LESSEE’s replacement LESSEE Fibers are available or ready for LESSEE’s use. The parties shall take all reasonable action to evidence the substitution of such LESSEE Fibers, LESSEE Access Points, and other assets. If LESSEE is unable to relocate the Cable, LESSEE Fiber, and LESSEE Access Points under ARTICLE X and LESSOR cannot obtain substitute assets under this Section 10.2, LESSEE may terminate this Agreement. Upon such termination, LESSEE shall receive from LESSOR (a) a payment for the loss of the LESSEE IRU based on the number of months remaining in the Term divided by the number of months in the Term times the total IRU payment provided in Section 4.1; (b) reimbursement of the unused portion of the payment for maintenance and repair provided in Section 4.2 or ARTICLE II based on the number of days remaining in the period applicable to the payment from the date of termination divided by the number of days in the period applicable to the payment times the payment; and (c) LESSEE’s pro rata share (as measured in Section 10.1) of any third-party payments made to LESSOR related to the events necessitating application of this ARTICLE X. No Relocation or substitution under this ARTICLE X shall result in LESSEE’s inability to use, as permitted by this Agreement, any of the LESSEE Fibers in the subject Route other than at those times stated in Section 6.4(k) for rerouting of the Cable containing the LESSEE Fibers or LESSEE Access Points. Amounts payable by either party to the other under this Section shall be paid within thirty (30) days of receipt of the other party’s invoice. 10.3 Alternative Compensation to LESSEE. Nothing in this ARTICLE X shall be construed to limit or affect the right of LESSEE to an award of compensation in any eminent domain 159 21 proceeding for any taking of the LESSEE IRU interest in the LESSEE Fibers, LESSEE Access Points, or other assets in which it is given an interest under this Agreement, except that LESSOR shall not be entitled to any portion of the award of compensation in any eminent domain proceeding for any taking of the LESSEE IRU interest in any of the foregoing for which substitute fiber, access points, or other assets, as applicable, is given or paid for by LESSEE as provided above. ARTICLE XI REPRESENTATIONS, WARRANTIES, AND COVENANTS 11.1 LESSEE, as of the Effective Date, and through the Term, represents, warrants, and covenants that: (a) it has the necessary right, title, and authority in the Cable, Fibers, Access Points, Underlying Rights, and otherwise in its network to be able to grant the LESSEE IRU pursuant to this Agreement to LESSOR and fulfill its obligations under this Agreement; (b) it holds and shall continue to hold good record and marketable legal title to the Cable along the Route and to the LESSEE Fibers; and (c) the LESSEE IRU shall not conflict with and is permitted under any encumbrances or liens on the Cable and the LESSEE Fibers, that all required consents from any such lienholder necessary to grant the rights under this Agreement have been obtained and are in effect and shall remain in effect throughout the Term, and LESSEE’s rights under this Agreement shall not be disturbed by such lienholder during the Term. 11.2 LESSOR represents and warrants to LESSEE, and shall provide in this Agreement the specified schedules, which shall be true, correct, and accurate in all material respects from the Effective Date through the Term: (a) Upon LESSEE’s written request, LESSOR shall make available for inspection by LESSEE at LESSEE’s offices any Governmental Approvals and Rights of Way held by LESSOR that are required for (i) installation, testing, maintenance, repair, access, and operation of the Cable; (ii) installation, testing, maintenance, repair, access, and operation of the LESSEE Fibers and LESSEE Access Points; (iii) installation of any required equipment related thereto; and (iv) providing of the LESSEE IRU pursuant to this Agreement; (b) Except as set forth in Schedule A: (i) LESSOR has all Governmental Approvals and Rights of Way required for installation, testing, maintenance, repair, access, and operation of the Cable, LESSEE Fibers, Access Points, LESSEE Access Points, and equipment related thereto, and for providing of the LESSEE IRU as contemplated by this Agreement; (ii) each such Governmental Approval and Right of Way is legally binding, fully enforceable, and in full force and effect, and LESSOR is in compliance in all material respects with all its obligations with respect thereto; (iii) LESSOR built, maintained, and installed the Cable, LESSEE Fibers, and LESSEE Access Points in accordance with the requirements of all applicable Governmental Approvals and Rights of Way; (iv) there are no actions or lawsuits pending or, to its knowledge, threatened which might reasonably be expected to result in the revocation or termination of, or the imposition of materially adverse conditions or penalties on, any Governmental Approval or Right of Way; and (v) LESSEE has the right to quiet enjoyment of all of the Rights of Way, and LESSOR’s possession and quiet enjoyment of each Right of Way has not been disturbed and there are no material disputes with respect to any Right of Way; (c) To its knowledge, LESSOR is not a party to any investigation, inquiry, notice of apparent liability, violation, forfeiture, order, complaint, suit, proceedings, claim, or dispute pending or threatened, at law, in equity, in arbitration, or otherwise, issued by or before 160 22 any court or governmental authority or any non-governmental regulatory body or of any other proceedings which could in any manner threaten or adversely affect the validity or continued effectiveness of the LESSEE IRU; and there is no injunction, writ, temporary restraining order, decree, or any order or determination of any nature by any arbitrator, court, or other governmental authority purporting to enjoin or restrain the execution, delivery, or performance of this Agreement. To its knowledge, LESSEE is not a party to any investigation, inquiry, notice of apparent liability, violation, forfeiture, order, complaint, suit, proceedings, claim, or dispute pending or threatened, at law, in equity, in arbitration, or otherwise, issued by or before any court or governmental authority or any non-governmental regulatory body or of any other proceedings which could in any manner threaten or adversely affect the validity or continued effectiveness of this Agreement; and there is no injunction, writ, temporary restraining order, decree, or any order or determination of any nature by any arbitrator, court, or other governmental authority purporting to enjoin or restrain the execution, delivery, or performance of this Agreement; (d) LESSOR is in compliance with all requirements of applicable Law applicable to the Cable, including all environmental Laws; LESSOR has made all required filings and paid all material regulatory fees, levies, and other obligations under applicable Law in a timely manner applicable to the Cable; and LESSOR does not have any liability or obligation to contribute, accrue, or otherwise pay any amounts for regulatory assessments applicable to the Cable; and (e) LESSEE shall have the right to quiet enjoyment of the LESSEE IRU, including the LESSEE Fibers and LESSEE Access Points throughout the Term. 11.3 Each party represents and warrants it has full authority to enter into, execute, deliver, and perform this Agreement; that this Agreement does not conflict with any other document or agreement to which it is a party or is bound; that this Agreement is fully enforceable in accordance with its terms; and that the persons and/or entities executing and performing this Agreement on its behalf have full authority to do so. ARTICLE XII ASSIGNMENT, SUBLEASE, AND OTHER TRANSFERS 12.1 Except as otherwise provided in Section 3.4, 3.5, 3.6, and 3.7, neither this Agreement nor any of the rights and duties under this Agreement may be assigned, subleased, or otherwise transferred, in whole or in part, by either party, whether voluntarily or by operation of Law, without the consent of the other party, which consent may be granted or withheld for any reason notwithstanding the provisions of Section 14.4, except further that consent shall not be required in the event of: 12.2 Any assignment of all of the rights and obligations of assignor pursuant to this Agreement to and an assumption thereof by: (a) any entity in which the assignor holds at least a fifty- one percent (51%) ownership interest, including a fifty-one percent (51%) shareholder interest or a fifty-one percent (51%) partnership interest; (b) any entity which owns or acquires all or substantially all of the assignor’s stock or assets; (c) any affiliated entity controlling or under common control with the assignor; 161 23 12.3 Any sale to LESSEE’s customers of any capacity on the Fibers granted to and lit by LESSEE under this Agreement. However, any such arrangements between LESSEE and its customer shall not contemplate or constitute a sale of the actual LESSEE Fiber facilities. ARTICLE XIII NOTICES 13.1 Except as otherwise expressly provided in this Agreement, all notices, requests, demands, and other communications under this Agreement must be made in writing and shall be deemed validly given if sent by certified mail, return receipt requested; by courier; or by national overnight delivery service, addressed as follows (or to any other address that the party to be notified may have designated to the sender by notice under this ARTICLE XIII): If to LESSOR: Chris Puryear IT Director Person County Government 204 Barden Street Roxboro, NC 27573 With a copy to: Ron Aycock Person County Attorney Person County Government 325 S. Morgan St. Roxboro, NC 27573 If to LESSEE: In addition to the above, all notices as to defaults as to maintenance, repair, splicing, replacement, and substitution of LESSEE Fiber and LESSEE Access Points under this Agreement shall be deemed validly given if sent via the Internet according to the applicable party’s escalation list. All communications sent in accordance with this ARTICLE XIII shall be deemed received when sent, if sent under the prior sentence, otherwise communications sent in accordance with this ARTICLE XIII shall be deemed received upon delivery if so delivered on a business day, provided that any such communication delivered on a non-business day shall be deemed received on the next business day. ARTICLE XIV MISCELLANEOUS 14.1 Entire Agreement; Agreement Modifications and Amendments. This Agreement and its Exhibits and Schedules contain all the agreements, promises, and understandings between the parties relating to the subject matter of this Agreement. No oral agreements, promises, or understandings relating to such subject matter shall be binding on either party. Any modification or amendment to this Agreement shall be void and ineffective unless made in writing and signed by the parties, except as otherwise provided in this Agreement. 162 24 14.2 Governing Law. This Agreement and its performance shall be governed, construed, and regulated by the law of the United States of America (US) and State of North Carolina, excluding the conflicts of law provisions of North Carolina. Where US law and State of North Carolina law may conflict, this Agreement shall be interpreted pursuant to North Carolina law. The agreement also recognizes the definition of the term Incumbent Local Exchange Carrier (ILEC) as defined in the Telecommunications Act of 1996 as the sole definition of ILEC recognized for the term of this agreement. 14.3 Binding Effect. This Agreement shall inure to the benefit of and be binding on the parties and their permitted successors and assigns. 14.4 Consents. Unless expressly stated otherwise in this Agreement, whenever under this Agreement the consent or approval of either party is required or a determination must be made by either party, no such consent, approval, or determination shall be unreasonably given, withheld, conditioned, or delayed. All such consents, approvals, and determinations shall be given or made on a reasonable basis and in a reasonable manner. 14.5 Severability. If any section, subsection, provision, sentence, clause, or other portion of this Agreement is determined to be illegal, invalid, or unenforceable, such determination shall in no way affect the legality, validity, or enforceability of any other section, subsection, provision, sentence, clause, or other portion of this Agreement. Any such affected portion shall be interpreted, modified, amended, or deleted to the extent legally permissible to give the fullest effect to the intent of the parties under this Agreement. 14.6 Further Acts. Each party agrees to take such further action and to execute and deliver such additional agreements and instruments to the extent necessary to consummate this Agreement and the transactions contemplated by this Agreement. 14.7 Construction. In this Agreement, (a) headings are included for convenience of reference only and neither limit nor expand the terms of this Agreement; (b) defined terms shall include all numbers as context may require; (c) unless otherwise expressly provided, references to a “Section,” “Sections,” or “subsections” shall mean a Section, Sections, or subsections, respectively, of this Agreement and to an “Exhibit” shall mean an Exhibit to this Agreement; and (d) unless otherwise expressly provided, use of the term “include” or “including” shall mean “to include, or including, without limitation.” All Exhibits are incorporated in this Agreement by reference. No ambiguities shall be resolved against either party by reason of such party’s participation in the drafting of this Agreement or the Exhibits. 14.8 Time of Essence. Time is of the essence in this Agreement. 14.9 No Joint Venture. Nothing in this Agreement shall be construed to create a joint venture or partnership between the parties. 14.10 No Third-Party Beneficiaries. Subject to Section 3.5, nothing in this Agreement shall be construed to create any rights with respect to any third parties. The parties agree that the terms of this Agreement and the parties’ respective performance of obligations under this Agreement are not intended to benefit any person or entity not a party to this Agreement, that the consideration provided by each party under this Agreement only runs to the respective parties hereto, and that no person or 163 25 entity not a party to this Agreement shall have any rights under this Agreement nor the right to require the performance under this Agreement by either of the respective parties to this Agreement. 14.11 Survival. The following Sections shall survive termination: 2, 6.3(a), 6.8, 7, 8.3, 10.3, 13, 14 (excluding subsections 14.4, 14.8, and 14.12), 15, and 16.2; any obligation to pay or reimburse fees, costs, expenses, or other sums in connection with this Agreement; and any provisions which by their terms survive the termination or expiration of this Agreement. 14.12 Force Majeure. Notwithstanding any provision or implication in this Agreement to the contrary, each party’s failure to perform as required under this Agreement shall be excused for such times as performance is prohibited by occurrences beyond its reasonable control and arising through no fault of such party, including (to the extent beyond such party’s reasonable control and through no fault of such party): Acts of God, landslides, tornadoes, hurricanes, sink holes, lightning, earthquake, floods, volcanic activity, power blackouts, fire, explosion, vandalism, interruption of wireless transmission links, radiation, extreme temperatures or other similar catastrophes; any law, order, regulation, direction, action or request of the United States government, or of any other government, including state and local governments having jurisdiction over either of the parties, or of any department, agency, commission, court, bureau, corporation or other instrumentality of any one or more governments, or of any civil or military authority; national emergencies, insurrections, riots, wars, acts of terrorism, labor strikes, lock-outs, work stoppages, or other similar labor difficulties, actions, or inactions of a third-party provider or operator of facilities employed in provision of the Fibers or Access Points; or any other conditions or circumstances beyond the reasonable control of a party and through no fault of such party which impedes or affects the provision of the Fibers and Access Points, provided, however, that such failure is excused only as to that performance affected by the specific occurrence. In the event that a force majeure event causes thirty- five percent (35%) or more of the Fibers or Access Points granted to LESSEE under this Agreement to be unavailable to LESSEE for an aggregate period exceeding ten (10) days, and if LESSOR is not able to provide LESSEE reasonable substitute Fiber or Access Points in lieu thereof within such ten (10) days to enable LESSEE to use such assets for the purposes intended by this Agreement, LESSEE may terminate this Agreement on notice to LESSEE as per ARTICLE XIII. Upon such termination, LESSEE shall receive from LESSOR (i) a payment based on the number of months remaining in the Term divided by the months in the Term times the total IRU payment provided in ARTICLE IV; and (ii) reimbursement of any advanced payment for maintenance and repair prorated based on the number of days remaining in the payment period from the date of termination divided by the days in the payment period times the payment. Provided if the termination option is not so exercised by LESSEE, this Agreement shall remain in effect as to the applicable force majeure event. ARTICLE XV CONFIDENTIALITY; INTELLECTUAL PROPERTY 15.1 If either party provides or has provided confidential or proprietary information, whether such information is designated as such or not (the “Confidential Information”) to the other party, such Confidential Information shall be held in confidence and the receiving party shall afford such Confidential Information the same care and protection as it affords generally to its own confidential and proprietary information (which in any case shall be not less than reasonable care) to avoid disclosure to or unauthorized use by any third party, except as otherwise provided below. This Agreement and its terms shall be deemed the Confidential Information of both parties. 164 26 15.2 All Confidential Information, unless otherwise specified in writing, shall remain the property of the disclosing party and shall be used by the receiving party only for the intended purposes stated below. All Confidential Information received by the receiving party in connection with this Agreement, including all copies thereof, shall be returned to the disclosing party or destroyed after the receiving party’s need for such information has expired, upon the reasonable request of the disclosing party or promptly following termination or expiration of this Agreement, except as required by Law. Confidential Information shall not be reproduced except to the extent reasonably necessary to perform under this Agreement, or as otherwise may be permitted in writing by the disclosing party. 15.3 Nothing in this Agreement shall be construed as granting any right or license under any copyrights, inventions, or patents now or hereafter owned or controlled by LESSOR or LESSEE and nothing in this Agreement shall be construed as granting any right, title, or interest in the other party’s trademarks, trade names, service marks or other intellectual property rights. The parties agree not to use the trademarks, trade names, or service marks of the other party without prior written permission. The parties recognize the rights of the other in their respective trademarks, trade names, and service marks and agree not to contest or take any action to contest the trademarks, trade names, or service marks of the other, or to use, employ, or attempt to register any trademarks, trade names, brand names, logos, insignia, symbols, or decorative designs that are confusingly similar to the other party’s trademarks, trade names, or service marks. 15.4 Notwithstanding this ARTICLE XV, the receiving party may disclose Confidential Information and either party may disclose any provisions of this Agreement to its employees, agents, and legal, financial, and accounting advisors and providers (including its lenders and other financiers) to the extent necessary or appropriate in connection with the negotiation and/or performance of this Agreement or its obtaining of financing, provided that each such party is notified of the confidential and proprietary nature of such Confidential Information and is subject to or agrees to be bound by confidentiality obligations no less stringent than those set forth herein. 15.5 Except for Section 15.4, the provisions of this ARTICLE XV shall survive expiration or termination of this Agreement for one (1) year. ARTICLE XVI TERMINATION 16.1 For the avoidance of doubt, all rights set forth in this Agreement with respect to the grant of any rights in any Fibers shall terminate upon the expiration or termination of the Agreement except as provided in Section 16.3. 16.2 Promptly upon termination of rights in all or any portion of the Fibers, LESSEE shall remove all of LESSEE’s equipment related to the operation of such portion of the Fibers at its sole cost, under LESSOR’s reasonable supervision (which supervision shall be without cost to LESSEE except as to LESSOR’s then standard service call charge). 16.3 The Parties intend the term of the LESSEE IRU and this Agreement shall be co- terminus, provided, however, that, for the avoidance of doubt, if circumstances occur where the Agreement is terminated prior to the termination of the LESSEE IRU, then the LESSEE IRU shall survive the expiration or termination of the Agreement. 165 27 ARTICLE XVII BANKRUPTCY; INSOLVENCY 17.1 In the event of LESSOR’s bankruptcy or insolvency, any action to terminate this Agreement shall not affect the prior, indefeasible transfer to LESSEE of its beneficial ownership interest in the Fibers and Access Points. The parties acknowledge that the LESSEE IRU constitutes an indefeasible grant to LESSEE of an exclusive beneficial ownership interest in the LESSEE Fibers and LESSEE Access Points, and that the grant of the LESSEE IRU is intended to be non-executory in nature. Moreover, in the event of LESSOR’s bankruptcy or insolvency, any action to terminate or reject this Agreement shall give LESSEE the right to access the Cable for the limited purpose of using the LESSEE Fibers and LESSEE Access Points, the parties agreeing and acknowledging that denying LESSEE access to the LESSEE Fibers and LESSEE Access Points under such circumstances would render the LESSEE IRU in the LESSEE Fibers and LESSEE Access Points nugatory. Such right to access the LESSEE Fibers and LESSEE Access Points shall run with LESSEE’s IRU in the LESSEE Fibers and LESSEE Access Points. 17.2 In the event that: (a) either party becomes or is declared insolvent or bankrupt, is the subject of any proceedings relating to liquidation, insolvency or for the appointment of a receiver or similar officer for it which is not dismissed within sixty (60) days of its filing, makes an assignment for the benefit of all or substantially all of its creditors, or enters into an agreement for the composition, extension, or readjustment of all or substantially all of its obligations; or (b) without limiting the generality of other remedies and cure periods, breaches any of the material terms or conditions of this Agreement and fails to cure such breach within thirty (30) business days of written notice thereof; provided, however, that if the breach is not reasonably susceptible to cure within thirty (30) business days, the Agreement shall not terminate as long as the breaching party shall have commenced a cure within that time period and shall, with reasonable diligence, prosecute the cure without interruption until completed; It is expressly agreed that the other party may terminate this Agreement immediately upon written notice to the other party, and to the extent applicable, that each party shall be immediately liable to the other party for any outstanding accrued amounts due under this agreement, additionally LESSEE shall cause all occupancy of LESSOR facilities related to this agreement to be vacated within ten (10) days. If following thirty (30) days LESSEE has not removed its equipment and assets from LESSOR facilities such equipment and assets of LESSEE shall be deemed abandoned in place and LESSOR shall dispose of such assets at its discretion. [SIGNATURE PAGE FOLLOWS] 166 28 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. LESSOR By: Name: Title: LESSEE By: Name: Title: Jody R. Call Chief Technology Officer 167 1 Exhibit A Map and List of Fiber Routes in which LESSOR grants an IRU to LESSEE 168 1 Exhibit B Map and List of Access Points in which LESSOR grants an IRU to LESSEE 169 1 Exhibit C FIBER SPECIFICATIONS 1.0 Compliance. All work will be done in accordance with federal, state, local, and applicable private rules and laws regarding safety and environmental issues, including those set forth by Occupational Safety and Health Administration and the Environmental Protection Agency, to the extent same are applicable to the party performing the work. In addition, all work and the resulting fiber system will comply with the then current requirements of all governing entities (e.g., Federal Communications Commission, Departments of Environmental Conservation, and other national, state, and local codes). 2.0 Route Detail Information. LESSOR will provide to LESSEE a description of the type of Fiber (i.e., underground or aerial), fiber manufacturer, fiber placement date, and location of splice points in the Route thereof. Route detail and attributes, as noted, should be supplied in GIS format (.SHP (preferred) or .KMZ) if available. If LESSEE desires additional information concerning the LESSEE Fiber or Route, the parties shall negotiate in good faith to determine the feasibility of providing the additional detail requested. Updates to information will be provided by LESSOR to LESSEE within ninety (90) days of completion of any Fiber change, in similar format as original delivery, including any relocation projects affecting the LESSEE Fibers. 3.0 Deviations from Fiber Specifications. LESSOR may deviate from these Fiber Specifications when field conditions dictate and as provided in the Agreement. 4.0 Fiber Cable Splicing, Testing, and Acceptance Procedures. (a) Subsequent to the Fiber optic splices being made, as provided herein, all LESSEE Fiber strands subject to this Agreement shall be tested to ensure such LESSEE Fiber strands meet the standards provided in this Agreement. The parties shall cooperate in accomplishing the testing so that LESSOR can expeditiously and at its cost and expense perform the portion of the testing applicable to the LESSEE Fibers for which it is responsible and to allow LESSEE access to the test results to confirm the test results provided in this Agreement. (b) All splices will be performed with an industry-accepted fusion splicing machine. Testing will be documented on diskettes in Laser Precision format and on trace analysis sheets reflecting bidirectional losses by fiber and installed span loss by fiber. One copy of trace diskettes and three copies of trace analysis sheets will be submitted by each party to the other party promptly upon completion of the testing. All testing will be performed at 1550 nm. (c) During initial unidirectional OTDR testing, a general indicator of the quality of each splice will be an objective loss of 0.10 Db or less. If, after three attempts, a party is unable to produce a loss value of less than 0.10 Db, then 0.15 Db will become the objective. If, after two additional attempts, a value of less than 0.15 is unachievable, then the splice will be marked as “Out-of-Spec” (“OOS”) on a field data sheet. The parties recognize that unidirectional OTDR test data is not an 170 2 acceptance/rejection criterion. Attempts to improve the loss for existing splices that are marked OOS will not be made unless agreed by the parties. (d) The installed span loss (span shall be FDP to FDP) shall be a bi-directional average of 0.50 Db/km or less, as calculated using an industry-accepted optical loss test set at 1550 nm. The installed span loss includes the inherent attenuation of the glass, the backbone splice losses, the pigtail splice losses, the inherent loss in the pigtails, and the connector losses. (e) Optical Return Loss will be recorded on the testing documentation, for information only. (f) Customer fiber assignments will be consecutive in count. The maximum number of fibers within a single buffer tube shall be 12. (g) Optical Fiber Specifications - Single Mode Fiber Operation Temperature -60 c to 85 c Optical Properties 1300-1550 nm Standard Attenuation < .35 Db/km @ 1310 nm < .25 Db/km @ l550 nm Attenuation Uniformity 0.1 Db/km Splice Loss < .1 Db per splice bi-directional average < .2 Db for DS fiber Note: Some sections of the fiber path may be Corning DS fiber. These sections will not support operation in the 1310 nm window. Or, as applicable: LightScope ZWP™ Type 8W Optical Fiber: Dispersion-Unshifted, Matched-Clad Single Mode Fiber ITU-T G.652.D Physical Characteristics Cladding Diameter 125.0 ± 0.7 μm Core/Clad Offset ≤ 0.5 μm Coating Diameter (Uncolored) 235 - 245 μm Coating Diameter (Colored) 254 ± 7 μm Coating/Cladding Concentricity Error, max 12 μm Clad Non-Circularity ≤ 1% 171 3 Optical Characteristics, Wavelength Specific 1310-nm 1385-nm 1550-nm Max. Attenuation, Loose Tube Cable 0.34 dB/km 0.31 dB/km 0.22 dB/km Max Attenuation, Tight Buffer Cable 0.50 dB/km 0.50 dB/km 0.50 dB/km Mode Field Diameter 9.2 ± 0.3 μm 9.6 ± 0.6 μm 10.4 ± 0.5 μm Group Refractive Index 1.467 1.468 1.468 Dispersion, max. 3.2 ps/(nm-km) from 1285 to 1330 nm 18 ps/(nm-km) Optical Characteristics, General Point Defects, max. 0.10 dB Cutoff Wavelength ≤ 1260 Zero Dispersion Wavelength 1302 - 1322 nm Zero Dispersion Slope, max. 0.090 ps/[km-nm-nm] Polarization Mode Dispersion Link Design Value ≤ 0.06 ps/sqrt(km) Environmental Characteristics Temperature Dependence -60 C to +85 C ≤ 0.05 dB Temperature Humidity Cycling -10 C to +85 C up to 95% RH ≤ 0.05 dB Water Immersion, 23+2 C ≤ 0.05 dB Heat Aging, 85 + 2 C ≤ 0.05 dB Mechanical Characteristics Proof Test 100 kpsi (.69 Gpa) Coating Strip Force 0.3 - 2.0 lbf (1.3 - 8.9 N) Fiber Curl ≥ 4 m Dynamic Fatigue Parameter (nd) ≥ 20 Macrobending, max. (100 turns) 0.05 dB (1310/1550nm @ 50mm) 0.05 dB (1625nm @ 60 mm) Macrobending, max. (1 turn @ 32 mm mandrel) 0.05 dB @ 1550 nm 172 4 LESSOR will promptly advise LESSEE of the manufacturer of the Fiber that is or will be installed along the Route(s). 173 1 Exhibit D MAINTENANCE TERMS 1. General. Person County or its designee (collectively, “LESSOR”) will perform certain maintenance services, the purpose of which is to maintain the Cable in a good and operable condition. In performing such services, LESSOR will employ the same level of care in avoiding impairment to the signal continuity and performance of the RiverStreet (“LESSEE”) Leased Dark Fibers (herein, the “LESSEE Fibers”) as it does with respect to the LESSOR Fibers. The Parties understand and agree that LESSOR does not and cannot guarantee that its maintenance services will assure any particular level of cable performance; rather, the purpose of this Exhibit is only to describe services and procedures the Parties desire to use, recognizing that the interests of the Parties in maintenance matters are substantially the same and will benefit from a common approach. 2. Maintenance Categories. Contingent upon LESSEE’s timely payment of all fees due and payable under this Agreement, LESSOR will provide Basic Maintenance Services and Non-Basic Maintenance Services (as defined below) for the LESSEE Fibers that are a part of the System. To the extent that a maintenance activity is not explicitly listed as a Basic Maintenance Service, such maintenance activity shall be considered a Non-Basic Maintenance Service. 2.1 Basic Maintenance Services. 2.1.1 Basic Maintenance Services shall be performed in accordance with LESSOR’s standards for such services and shall include the following: 2.1.1.1 Periodic visual inspections and patrolling of System Route Segments; 2.1.1.2 Cable locates as required by law or the applicable call-before- you-dig program; 2.1.1.3 A LESSOR entity shall participate in the North Carolina utility locate “811” service; 2.2 Non-Basic Maintenance Services. 2.2.1 Non-Basic Maintenance Services include all other services that LESSOR may perform for the maintenance of the LESSEE Fibers that are not specified as Basic Maintenance Services herein. For the avoidance of doubt, this includes any construction, engineering, permitting, and non- routine repair, relocation, restoration services provided in connection with 174 2 a loss of service, or service impairment; including third party cable cut, disaster, or emergency situation, etc. 3. Maintenance Procedures. The following procedures shall be utilized by the Parties in executing the Basic Maintenance Services and Non-Basic Maintenance Services, as applicable. Notwithstanding the foregoing, all timeframes for performance of the services set forth in this Exhibit represent a best-case scenario and such timeframes are subject to change at LESSOR’s sole discretion. For the avoidance of doubt, the following maintenance procedures and the scope of such procedures as set forth in this Section shall have no impact on the classification of maintenance activities as set forth in Section 2. Section 3 of this Exhibit serves solely to guide the Parties without respect to how such maintenance activities shall be carried out from a practical perspective and does not inform how activities are classified with respect to the rights and responsibilities of the Parties under the Agreement. 3.1 Optical Amplifiers. Prior to the commencement of maintenance for a System Route Segment, LESSEE will inform LESSOR of the existence or planned placement of optical amplifiers by LESSEE or its licensee that are utilizing Raman technology, and whether those optical amplifiers have an automatic power down feature, or they require manual power down in the event of a Cable failure. 3.2 NOCC. The LESSOR Single Point of Contact for all Basic Maintenance Services and Non-Basic Maintenance Services is the Network Operations Control Center (NOCC). For all Cable Maintenance Activities, LESSEE may contact LESSOR at any time to discuss or notify fiber status, fiber problems, or any other fiber issues or anomalies for the LESSEE Fibers that are a part of the Cable. However, no other party shall call LESSOR for anything related to the maintenance of the LESSEE Fibers without written agreement between LESSEE and LESSOR 3.3 Planned System Work Period. LESSOR shall notify LESSEE at least seven (7) calendar days prior to the date of any Planned System Work Period (PSWP) involving any maintenance services and as soon as possible after becoming aware of the need for unscheduled maintenance. Such PSWP’s are pre-arranged periods of time reserved for performing certain work on the Cable that may potentially impact traffic. Generally, PSWPs will be restricted to weekends, avoiding the first and last weekend of each month and high-traffic weekends. LESSEE shall have the right to be present during the performance of maintenance services during PSWPs or for unscheduled maintenance so long as this requirement does not interfere with LESSOR's ability to perform. In the event that maintenance services are canceled or delayed for whatever reason, LESSOR shall notify LESSEE at LESSOR’s earliest opportunity to reschedule any delayed activity. 175 3 3.4 Planned Cable Activity. A Planned Cable Activity (PCA) is any activity, which can be planned in advance (i.e., not an emergency) that will cause maintenance personnel to physically move the Cable, or will affect the sheath and/or the fiber. There are two types of PCAs: intrusive and non-intrusive. 3.4.1 Intrusive PCAs Examples of intrusive PCAs include: reroutes / cutovers / hot cuts, etc. i.e. activities requiring service to be switched. Intrusive PCAs must be performed from midnight to 6:00 AM local time Monday through Thursday, and from 9:00 PM Friday to 7:00 AM local time Monday. These time frames are subject to change and based on the current LESSOR maintenance time frames in effect when the PCA takes place. 3.4.2 Non-Intrusive PCA’s Examples of non-intrusive PCAs are as follows:  cable lowering, cable rearrangements not requiring fiber splicing,  conduit or manhole rearrangements,  installation of insulating joints / isolation closures,  repairing sheath faults,  repairing out of service damaged fibers at splice locations Non-intrusive PCAs can be performed anytime. 3.4.3 Responsibilities of LESSOR and LESSEE For PCAs, LESSOR shall notify LESSEE at least seven (7) calendar days prior to the activity. If this is not possible due to activities not controllable by LESSOR, where LESSOR does not provide the aforementioned notice to LESSEE, LESSOR will notify LESSEE of such activity as soon as commercially reasonable. Some examples of this situation include but are not limited to, Department of Transportation and Railroad requests for reroutes, potential network effects caused by acts of God or manmade disasters. 3.4.4 For PCA activity that will result in signal discontinuity, the following process will be followed:  At least ten (10) calendar days in advance of the PCA: LESSOR will notify LESSEE of this PCA per contact information. If this is not possible due to activities uncontrollable by LESSOR, such as Department of Transportation and Railroad reroutes, etc., LESSOR will notify LESSEE as soon as commercially reasonable.  At least five (5) calendar days in advance of the PCA: After receipt of LESSOR’s notice to Lessee, LESSEE will provide a copy of LESSEE’s MOP to LESSOR detailing the intended method of testing of LESSEE’s 176 4 fibers once the PCA is completed. If LESSOR is not able to meet the 10- calendar day window, LESSEE will provide the MOP as soon as commercially reasonable.  At least five (5) calendar days in advance of the PCA: If, for any reason, LESSEE cannot accommodate the scheduled date, LESSEE will notify LESSOR verbally and followed immediately in writing of the need to reschedule the PCA. LESSOR will use commercial best efforts to accommodate LESSEE’s postponement request however LESSOR has no obligation to agree to such postponement. If notification is not received 5 calendar days in advance, the PCA will proceed as scheduled, unless LESSOR agrees to reschedule the PCA.  If, for any reason, at LESSOR’s sole discretion, the PCA must be canceled or delayed, LESSOR shall notify LESSEE as soon as commercially reasonable, and LESSOR will then reschedule the PCA activity.  For all Intrusive PCA’s, LESSEE is responsible for testing its assigned fibers between LESSEE’s Fiber Distribution Panels (“FDPs”), also known as “High speed LGX or HSLGX, and LESSOR is only responsible for testing its fibers between LESSOR maintained Light Guide Cross-Connect (“LGX”) locations per the requirements described in Exhibit B – Technical Specifications. 3.5 Cable Restoration. A cable restoration occurs whenever service has affected one or more fibers and restoration of the fiber(s) is needed. The fiber(s) may or may not have service on them. LESSOR will respond to all LESSEE’s notifications indicating any failure, any interruption, or any impairment to the LESSEE Fibers or the Cable in which the LESSEE Fibers are housed. There are two (2) types of cable restorations as follows: 3.5.1 Types of Restorations 3.5.1.1 Total Cable Cut A total cable cut occurs when ALL fibers in the cable sheath are affected. In the event of a cable cut or the discovery that fibers in the Cable are not lit (no optical equipment on the fibers), the Party with knowledge of such cable cut or un-lit fibers shall notify the other Party of the cable cut or un-lit fibers and shall, to the best of its ability, include in such notification, the time of the cable cut or discovery of un-lit fibers, and available location information. LESSOR will use commercially reasonable efforts to arrive at the Cable restoration site within four (4) hours after the location of the 177 5 cable cut has been identified. LESSOR will use commercially reasonable efforts to restore the first fibers within eight (8) hours after such identification. Service-carrying (lit) fibers will receive first priority, and priority among those lit fibers will be determined on a rotating basis to provide fair and equitable restoration priority to all interest holders. Fiber restoral will continue without interruption until all lit fibers are restored. Exceptions to this response time are uncontrolled incidents as described in the Agreement (under Force Majeure), which would include floods, chemical spills, fires, bridge collapse, riots, as well as other circumstances that prevent safe access and working conditions at the damage area or require a cable reel to be installed and spliced (total section replacement) to restore service. The Parties agree to mutually support each other during restoration activities. LESSOR will notify LESSEE when each fiber has been repaired, and then LESSEE or its Licensee will verify that continuity exists from end-to-end for each fiber restored. To accomplish this cable restoration, it is acknowledged that the repairs so affected may be temporary in nature. In such event, as soon as commercially reasonable, LESSOR shall commence its planning for permanent repair, and thereafter promptly shall notify LESSEE of such plans. If LESSOR informs LESSEE that the temporary fiber repair cannot be made permanent coincident with the original cable cut or fiber damage, then the schedule for the permanent repair shall be established by LESSOR. LESSOR shall notify LESSEE at least 10 days in advance of such work. If, for any reason, LESSEE cannot accommodate the scheduled date, LESSEE will notify LESSOR verbally and followed immediately in writing of the need to reschedule the PCA. LESSOR will use commercial best efforts to accommodate LESSEE’s postponement request however LESSOR has no obligation to agree to such postponement. 3.5.1.2 Partial Cable Cut A partial cable cut occurs when less than ALL fibers in the cable sheath are affected. In the event of a cable cut or the discovery that fibers in the Cable are not lit (no optical equipment on the fibers), the Party with knowledge of such cable cut or un-lit fibers shall notify the other Party of the cable cut or un-lit fibers and shall, to the best of its ability, include in such notification, the time of the cable cut or discovery of un-lit fibers, and available location information. 178 6 Restoration will be the same as that outlined in section 3.6.1.1 (Total Cable Cut). 3.5.1.3 Permanent Repairs A reasonable time after completion of an emergency repair, LESSOR will commence planning for permanent repair, if required. LESSOR will notify LESSEE of such plans and will implement such permanent repair within an appropriate time thereafter. Refer to sections 3.5.1 and 3.5.2 to accomplish permanent repairs. 3.6 Hazardous Conditions/Service Precautions. A hazardous condition or service precaution is when an event, such as flooding, fire, street collapse, cable wash-out or a man-made event such as a train derailment occurs, and there is an increased probability that LESSOR’s Cable may be damaged, and maintenance activity is needed to prevent any potential damage. For these events, the Parties shall notify each other of their occurrence. 3.7 Disaster Recovery. Disaster recovery is any event that affects service on the Cable and involves significantly more maintenance activity than just a cable restoration. Examples of disaster recovery are as follows:  A train derailment occurs, which by itself would be a hazardous condition, but for this example it destroys a regeneration site, or  A fiber cable traversing a bridge or underwater crossing is washed out and restoration involves deploying several miles of cable to restore service. For these events, the Parties shall notify each other of their occurrence. 3.8 LESSEE Access to Cable. The following constitutes the standard method by which LESSEE may request access to the Cable subsequent to construction and installation. Notwithstanding anything herein, LESSEE will have no right to access the Cable other than as provided in this Agreement. LESSEE will provide LESSOR a request for the addition of a lateral or tie cable at an existing splice point/manhole or the addition of a fiber junction site (i.e., OP amp, regeneration, or splice case). Such request shall detail the splice location and set forth the work required to be performed. LESSEE will provide a tie cable adequate to reach the splice location with an additional length (minimum of 75 feet) sufficient for LESSOR to splice into any LESSEE Fibers at the junction site. The cable shall be of similar specification to the main cable (i.e., all-dielectric, loose-tube, individual fiber, etc.) LESSOR will provide LESSEE with a cost estimate/quote for the construction, installation, and provisioning required to meet LESSEE’s request. Thereafter LESSEE shall provide LESSOR with a signed Notice to Proceed acknowledging and agreeing to such cost, terms and conditions as may be delineated in the quote 179 7 estimate. Such notice to proceed shall be received by LESSOR from LESSEE prior to any work commencement by LESSOR. 180 1 Exhibit E ESCALATION LISTS I. LESSEE ESCALATION LIST Administrative non-service affecting issues – Contact Person County IT @ 336-597-7810 Technical non service affecting issues – Contact Person County IT @ 336-597-7810 Technical Service related issues - Service Down - Loss of Fiber Continuity Step Name / Title Phone / Email 1 Person County IT – Main Line 336-597-7810 (opt. 8 for on-call after hours) 2 Chris Puryear – IT Director 336-583-2404 / cpuryear@personcountync.gov Staff will provide periodic updates on progress of system restoration until complete II. LESSOR ESCALATION LIST Step Name / Title Phone / Email 181 1 Exhibit H AS-BUILT DRAWING SPECIFICATIONS LESSOR may adopt any replacement method of creating or providing electronically derived drawings that is generally accepted in the industry and that provides information as mutually agreed by the parties. Such drawings minimally will contain information about all existing manholes, handholes, pedestals, and splice locations available for access to LESSEE Fibers. 182 1 SCHEDULE A LESSEE’s Right, Title, and Interest in the Cable All cable segments containing the LESSEE Fibers referenced in this Agreement are the exclusive property of LESSEE, LLC, subject to LESSEE’s beneficial interests as described in this Agreement. 183 1 SCHEDULE B Terms and Conditions of LESSOR’s Governmental Approvals and Rights-of-Way And Third-Party Agreements Governing Use of LESSEE Fibers and LESSEE Access Points LESSOR has on file all required permitting for its assets related to the route(s) comprising the LESSEE IRU contemplated under this agreement; including NC DOT of Way Encroachment Permits and/or required Pole attachment agreements with utility pole owners where appropriate. All such documents are available for review at LESSOR’s IT Office by appointment during normal business hours. 184 AGENDA ABSTRACT Meeting Date: January 6, 2020 Agenda Title: Resolution Amending the Person County Airport Commission for a Change in Membership Summary of Information: A verbal recommendation has been made by the members of the Airport Commission to reduce the voting membership of the Airport Commission from six (6) members to five (5) members. A resolution adopting such membership was adopted in August 2010 and the Board of Commissioners, in January 2011 took action to add an additional citizen-at-large seat. The resolution before the Board rescinds that action for the additional citizen-at-large seat and ratifies and reenacts the 2010 resolution. Recommended Action: Adopt a Resolution Amending the Person County Airport Commission for a Change in Membership. Submitted By: Chairman Jeffers 185 A RESOLUTION AMENDING THE PERSON COUNTY AIRPORT COMMISSION FOR A CHANGE IN MEMBERSHIP Whereas, the Person County Board of Commissioners established the Person County Airport Commission; and Whereas, the latest revision of a Resolution Amending the Person County Airport Commission was adopted and effectuated on August 16, 2010; and Whereas, the Board of County Commissioners changed the membership by action at its January 4, 2011meeting to add an additional citizen at-large seat taking the voting membership from five (5) to six (6) members; and Whereas, the Board of Commissioners at its meeting on January 6, 2020 desires to rescind the additional citizen-at-large seat that was added on January 4, 2011to thereby confirm and reenact the Resolution adopted on August 16, 2010 including the provision to provide for a commission of five (5) members. Now Therefore Be It Resolved that the Person County Board of Commissioners hereby ratifies and reenacts the 2010 Resolution in its entirety. Adopted, this, the 6th day of January 2020. __________________________________ B.Ray Jeffers, Chairman Person County Board of Commissioners Attest: __________________________________ Brenda B. Reaves, NCMCC, MMC Clerk of Board 186 187 188 189 190 191 Person County Board of Commissioners 2020 COMMITTEE ASSIGNMENTS Chairman B. Ray Jeffers Board of Equalization and Review alternate Community Services Block Grant Advisory Council Economic Development Commission Extension Advisory Committee Environmental Issues Advisory Committee Fire Chief’s Association NACo Board of Directors NC Leadership Forum Person County Partnership for Children Recreation Advisory Board Social Services Board Vice Chairman David Newell, Sr. Animal Control Advisory Committee Board of Equalization and Review Health Board Library Board Person Area Transportation System Board Person County Senior Center Advisory Council Commissioner Gordon Powell Airport Commission Cardinal Innovations Board of Directors City/County Comprehensive Land Use Plan Steering Committee Juvenile Crime Prevention Council Region K Workforce Development Board Research Triangle Regional Partnership Commissioner Jimmy B. Clayton COG Board Kerr Tar RPO – TAC NACo Environmental Committee NCACC Environmental Committee Mental Health Community Advisory Board Upper Neuse River Basin Association Commissioner Kyle W. Puryear Board of Equalization and Review E-911 Committee Home & Community Care Block Grant Adv. Committee Local Emergency Planning Committee Proposed for Adoption on January 6, 2020 192 AGENDA ABSTRACT Meeting Date: January 6, 2020 Agenda Title: Appointments to Boards and Committees Summary of Information: The Person County Board of Commissioners solicited volunteers to fill positions on the following boards, commissions, authorities, and committees through advertisement in the Courier-Times edition dated November 13, 2019 with notice to submit applications by the deadline on December 10, 2019. I respectively request that the Board nominate and appoint as deemed appropriate following your review of the submitted applications of interest. Attached are interested citizen applications for consideration for appointments. The Board of Commissioners are encouraged to recruit citizens to fill the current vacancies for those that no applications have been received. Adult Care Home Community Advisory Committee 1-Year Initial Term; 3-Year Reappointment: 1 position available Airport Commission 3-Year Term: 2 citizen at-large positions: 1)John Dustin Wall requests reappointment 1 position for a licensed pilot that flies at least monthly, holds current FAA pilot and flight medical certificates (light sports pilot and student FAA licenses do not qualify) 1)Steven Watkins requests reappointment Board of Adjustment 3-Year Term: 1 position for a citizen at-large 1)Patricia (PJ) Gentry requests reappointment 1 position for an unexpired term to 6/30/20 1)Joey Thomas Whitt requests appointment 1 positon for an alternate Environmental Issues Advisory Committee 3-Year Term: 1 position for a citizen residing in each of the following townships: Bushy Fork and Holloway, and 1 position for Mt. Tirzah with an unexpired term to 6/30/20 193 Industrial Facilities and Pollution Control Financing Authority 6-Year Term: 5 positions available 1 positon for an unexpired term to 6/30/25 1) Joey Thomas Whitt requests appointment Juvenile Crime Prevention Council 1-Year Initial Term: 2-Year Reappointment 1 position available for a citizen under the age of 18 serving on the State Youth Council: 1 position available for a citizen under the age of 18: 3 positions for citizens at-large (1 for an unexpired term to 6/30/21): Unexpired term for the Health Director or designee: 1 designated seat for: The Sheriff: 1) Sgt. Cheryl Hughes requests reappointment, Chief Court Counselor: 1) David Carter requests reappointment, Social Services Director: 1) Tony C. Lee requests appointment, Chief District Court Judge: 1) Parks & Recreation : 1) John Hill requests reappointment Kerr Tar Regional Council of Government Board 2 citizen-at-large alternate positions representing the private sector business or the retired community for an unspecified term. Nursing Home Advisory Committee 1-Year Initial Term: 3-Year Reappointment; 3 positions available Transportation Advisory Board 3-Year Term; 1 position for a citizen at-large 1 position for an unexpired term to 12/31/21 representing the Health Department: 1) LeighAnn Creson requests appointment Tourism Development Authority 3-Year Term: 1 position available for a citizen at-large: 1) Norwood Walker requests reappointment, 2) Linda Poindexter Long request appointment 1 position for a representative of a hotel/motel/B&B/lodging 1) Dr. Claudia Berryhill request reappointment Workforce Development Board 1-Year Initial Term; 2-Year Reappointment 1 position available for a member or an officer of organized labor, 1 position available for a business representative Recommended Action: Board nomination for appointment as deemed appropriate. Submitted By: Brenda B. Reaves, Clerk to the Board 194 195 196 197 198 199 200 201 202 203 204 205 206 207