08-04-2025 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
August 4, 2025
6:00 p.m.
This meeting will convene in Room 215 of the County Office Building.
1. CALL TO ORDER....................................................................Chairman Puryear
2. INVOCATION
3. PLEDGE OF ALLEGIANCE
4. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
5. PUBLIC HEARING.................................................................. Margaret Hauth
A. Petition TA-02-25 – A request by Blueberry Range, LLC to define Firearms
Training/Education Center as a use in the Person County Planning Ordinance &
allow by right in the Rural Conservation district
B. Petition TA-03-25 – To amend the Person County Planning Ordinance to correct
reference & spelling errors, integrate language creating advisory boards, and
require staff to post signs on applicant properties to align with state law
C. Petition TA-04-25 – Section 141-1(c) – amend zoning permit validity period to be
indefinite once works begins and to expire if work is abandoned for 1 year to
align with state law
D. Petition TA-05-25 – A request to amend the Person County Subdivision
Regulations to add correct state law reference and insert amendment dates
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6. 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.
7. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A. Minutes July 21, 2025
B. Public Records Request Policy Amendment
C. Contract for School Nursing Services between Person County and Person County
Schools
8. CHAIRMAN’S REPORT
9. MANAGER’S REPORT
10. COMMISSIONERS’ REPORTS/COMMENTS
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by
the Board.
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AGENDA ABSTRACT
Meeting Date:
Aug. 4, 2025
Agenda Title:
Text Amendment TA-02-25 to define “Firearms Training/Education Center” as a permitted
use and allow that use by right in the Rural Conservation district
Summary of Information:
The owner of Blueberry Range, LLC filed an application to amend the text of the Planning
Ordinance to allow his gun club to expand into a firearm training center that allows outdoor
shooting for a fee rather than limited to members only. This creates a new use in the permitted
use table (Firearms Training/Education Center) and defines the use in the Planning Ordinance.
Financial Impact:
None.
Recommended Action:
The Planning Board held a public hearing on this application at the July 10 meeting. The
applicant was present and discussed his request with the board. The members discussed options
with the applicant to adjust the wording. With a 6-1 vote, the Planning Board recommended
approval of the text amendment and found it consistent with the adopted Person County & City
of Roxboro Joint Comprehensive Land Use Plan and the stated purpose of the RC zoning district.
Submitted By:
Margaret A. Hauth, Interim Planning Director
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PERSON COUNTY PLANNING & ZONING DEPARTMENT
STAFF REPORT
Text Amendment TA-02-25 to define “Firearms Training/Education Center” as a permitted use and allow
that use by right in the Rural Conservation district.
Request
Text Amendment TA-02-25 is a request by Blueberry Range LLC to define “Firearms Training/Education
Center” as a permitted use and allow that use by right in the Rural Conservation district.
Introduction
The proposed text amendment, TA-02-25, requests the use “Firearms Training/Education Center” be
added as a defined use in Appendix B and listed as permitted by right in the Table of Permitted Uses in
Appendix C.
The owner of Blueberry Range, LLC (located at 436 Gillis Rd, A79 324) received permission to open as a
private club for firearm instruction in 2023. This was permitted under the general and undefined use of
“club or lodge” in the permitted use table. He is finding that there is more interest for shooting beyond
instruction and desires to expand his business to be able to offer range use to the public without them
being “club members.” He still intends to offer instruction on site. Staff met with the owner to talk through
options and wording. The application was advertised prior to the Planning Board hearing as a Commercial
Shooting Range. The Planning Board recommended approval of Firearms Training/Education as the use
with some wording changes. The applicant agreed with the modifications to his request at the Planning
Board hearing.
Comprehensive Plan & Zoning Consistency
Person County Planning Ordinance Section 153, Amendments to the Zoning Map or Ordinance, as well as,
NCGS §160D-604 & § 160D-605, requires plan consistency and a recommendation from the Planning
Board and the Board of Commissioners.
Planning & Zoning Department Staff Analysis & Potential Motion
Staff originally suggested changing the use name to “Commercial Shooting Range” to add transparency
and clarity to the use and what activities would be allowed. During the public hearing and following
discussion with the applicant, the Planning Board and applicant agreed the original use name was more
appropriate. The definition was revised to read as follows, with the underlined text noting the changes:
The use of a property for the discharge of archery devices and/or firearms, with a fee or
membership basis, indoors or outdoors. The use shall not operate beyond daylight hours
(sunrise to sunset). The purpose of the discharge may be for skills development, training, or
competition, and is subject to all local, state, and federal firearms laws. The use shall include
classroom and/or practical training and education regarding ownership, safety, handling, and
marksmanship for the individual’s recreation, hunting, or self-defense purposes.
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TA-02-25 - Staff Report
Page 2 of 2
7/29/2025
The Rural Conservation district has a long list of more than 130 permittable uses. This list includes
gunsmith, sports shops, retail, and other types of instruction. The stated purposed of the district is to
provide for only limited land use controls in areas with limited nonagricultural development.
Firearm sales and gunsmithing are both activities that have been approved by the County has home
occupations in both the Residential and Rural Conservation district. The likely intensity of a Commercial
Shooting Range is presumed to be less than a Private Recreation Club which would likely see much more
traffic to financially recoup the investment needed to construct recreation facilities.
Planning Board Recommendation
The Planning Board actively discussed this request with the applicant to understand the applicant’s
interests and learn from his experience in firearm training. The members discussed whether further
limitations regarding the type of firearms that could be discharged or requirements for how an outdoor
range should be safely constructed were needed. They agreed that the training and education name for
the use placed some limitation on how the use may operate. They also realized that residents are allowed
to discharge weapons on their private property with few limitations, so adding limitations to a business
operation was not pursued.
With a 6-1 vote, the Planning Board recommended approval of the text amendment and found it
consistent with the adopted Person County & City of Roxboro Joint Comprehensive Land Use Plan and the
stated purpose of the RC zoning district.
Based on the above, Planning & Zoning Department staff states that the amendments are consistent with
the Comprehensive Plan and the Board of Commissioners could adopt a written Statement of
Reasonableness and Plan Consistency in a single-statement potential motion, as follows:
“I hereby move to approve the ordinance, titled “An Ordinance Amending the Person County Planning
Ordinance to Define Firearms Training/Education Center as a Permitted Use”, and find the document
reasonable in the public’s interest and consistent with the Person County & City of Roxboro Joint
Comprehensive Land Use Plan because the amendment is consistent with the stated purpose of the
zoning district.”
Attachments:
Exhibit A: Text amendment application form submitted and attached text.
Exhibit B: Text amendment request – Appendix B and Appendix C
Exhibit C: Ordinance amending the Person County Planning Ordinance
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APPENDIX B
DEFINITIONS
Add new definition:
FIREARMS TRAINING/EDUCATION FACILITY – The use of a property for the discharge of
archery devices and/or firearms, with a fee or membership basis, indoors or outdoors. The use shall
not operate beyond daylight hours (sunrise to sunset). The purpose of the discharge may be for skills
development, training or competition and subject to all local, state, and federal firearms laws. The use
shall include classroom and/or practical training and education regarding ownership, safety, handling,
and marksmanship for the individual’s recreation, hunting, or self-defense purposes.
APPENDIX C
TABLE OF PERMITTED USES
Add new use and allow by right in the RC district.
PRINCIPAL USES ZONING DISTRICTS
R B-2 B-1 GI RC
Firearms Training/Education Facility X
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Exhibit C
AN ORDINANCE AMENDING THE PERSON COUNTY PLANNING ORDINANCE
TO DEFINE FIREARMS TRAINING/EDUCATION CENTER AS A PERMITTED USE
NOW THEREFORE, be it ordained by the Person County Board of Commissioners that following:
Section 1. Appendix B of the Person County Planning Ordinance is hereby amended to add
the following text:
FIREARMS TRAINING/EDUCATION CENTER – The use of a property for the discharge
of archery devices and/or firearms, with a fee or membership basis, indoors or outdoors. The use
shall not operate beyond daylight hours (sunrise to sunset). The purpose of the discharge may be
for skills development, training or competition and subject to all local, state, and federal firearms
laws. The use shall include classroom and/or practical training and education regarding
ownership, safety, handling, and marksmanship for the individual’s recreation, hunting, or self-
defense purposes.
Section 2. Appendix C of the Person County Planning Ordinance is hereby amended to add
“Firearms Training/Education Center” as a use permitted by Right in the Rural
Conservation District.
Section 3. Any ordinance or resolution inconsistent with this ordinance is hereby repealed.
Adopted this 4th day of August, 2025.
Kyle Puryear, Chairman
Person County Board of Commissioners
Attest:
Michele Solomon, Clerk to the Board
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AGENDA ABSTRACT
Meeting Date:
Aug. 4, 2025
Agenda Title:
Text Amendment TA-03-25 to correct cross references and other errors in the Planning
Ordinance
Summary of Information:
Text Amendment TA-03-25 corrects cross references and other errors in the Planning
Ordinance likely caused by repeated ordinance amendments.
• Section 30 refers to Variance procedures, which have been moved
• References to the previous Dimensional Requirements & Section 75 exist in the
ordinance
• The definition of “Board of Adjustment” to refer to duties
• The definition of “Family Care Home” has an out-of-date state law reference
• The definition of “Planning Board” to refer to duties
• The definition of “Temporary Sign” has duplicative language
• Add sections 143 & 144 based on the ordinances creating the PB and BOA for easier
references
• Section 153-4, Section 154-3, and Section 155-3 to require Person County staff to post
public hearing signs on applicant properties to be complaint with state law
Financial Impact:
None.
Recommended Action:
The Planning Board held a public hearing on this application at the July 10 meeting. No one
spoke during the hearing. The members discussed options and adjustments to the suggested
wording. With a unanimous vote, the Planning Board recommended approval of the revised text
amendment and found it consistent with the adopted Person County & City of Roxboro Joint
Comprehensive Land Use Plan because it clarifies the regulation language.
Submitted By:
Margaret A. Hauth, Interim Planning Director
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7/29/2025
PERSON COUNTY PLANNING & ZONING DEPARTMENT
STAFF REPORT
Text Amendment TA-03-25 to correct cross references and other errors in the Planning Ordinance
Request
Text Amendment TA-03-25 corrects cross references and other errors in the Planning Ordinance likely
caused by repeated ordinance amendments.
Introduction
Text Amendment TA-03-25 corrects cross references and other errors in the Planning Ordinance likely
caused by repeated ordinance amendments.
• Section 30 refers to Variance procedures, which have been moved
• References to the previous Dimensional Requirements & Section 75 exist in the ordinance
• The definition of “Board of Adjustment” to refer to duties
• The definition of “Family Care Home” has an out of date state law reference
• The definition of “Planning Board” to refer to duties
• The definition of “Temporary Sign” has duplicative language
• Add sections 143 & 144 based on the ordinances creating the PB and BOA for easier references.
• Section 153-4, Section 154-3, and Section 155-3 to require Person County staff to post public
hearing signs on applicant properties to be complaint with state law
Marked up sections for each of these issues is attached as Exhibit A. Language to be removed is shown in
the strike-through font. New language is in italics and highlighted yellow.
Comprehensive Plan & Zoning Consistency
Person County Planning Ordinance Section 153, Amendments to the Zoning Map or Ordinance, as well as,
NCGS §160D-604 & § 160D-605, requires plan consistency and a recommendation from the Planning
Board and the Board of Commissioners. For amendments like this, one is unlikely to find language in a
comprehensive plan to support the amendments. A general statement of plan consistency and a desire
for clear regulations can use used as adequate support.
Planning & Zoning Department Staff Analysis & Potential Motion
Staff identified these issues while becoming familiar with ordinance requirements and responding to daily
activities. The requested amendments don’t change any ordinance requirements, but makes the
ordinance easier to understand and interpret. The change in public hearing sign posting is consistent with
state law.
Planning Board Recommendation
The Planning Board held a public hearing on this application at the July 10 meeting. No one spoke during
the hearing. The members discussed options and adjustments to the suggested wording.
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TA-02-25 - Staff Report
Page 2 of 2
7/29/2025
They suggested replacing references to Section 75 (which has been deleted) to Section or Table 72, which
contain the dimensional requirements. They identified typographical errors in the proposed Sections 143
and 144, and they added changes to the definitions for the Board of Adjustment and Planning Board to
improve consistency. With a unanimous vote, the Planning Board recommended approval of the revised
text amendments and found it consistent with the adopted Person County & City of Roxboro Joint
Comprehensive Land Use Plan because it clarifies the regulation language.
Based on the above, Planning & Zoning Department staff states that the amendments are consistent with
the Comprehensive Plan and the Board could adopt a written Statement of Reasonableness and Plan
Consistency in a single-statement potential motion, as follows:
“I hereby move to approve the ordinance, titled “An Ordinance Correcting Cross-Reference Errors in
the Person County Planning Ordinance”, and find the document reasonable in the public’s interest and
consistent with the Person County & City of Roxboro Joint Comprehensive Land Use Plan because it
clarifies the regulation language.”
Attachments:
Exhibit A: Marked-up Ordinance Excerpts.
Exhibit B: Ordinance amending the Person County Planning Ordinance
Exhibit C: Ordinances creating Planning Board & Board of Adjustment
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30-13 ADMINISTRATION.
30-13(A)Appeals
Decisions of the Zoning Administrator in the implementation of this Article may be
appealed to the Person County Board of Adjustment in accordance with Article XIV of
this Ordinance.
30-13(B)Variances (Amended 11/3/97)
(1)A request for a Minor Variance from the State Watershed Protection Rules shall
be reviewed by the Person County Board of Adjustment in accordance with
Article XIV of this Ordinance.
(a)In addition to the notification requirements stated in Article XIV, Section
143-2 157-3 of this Ordinance, the Zoning Administrator shall notify in
writing each local government having jurisdiction in the watershed of the
proposed minor variance. Said notice to include a description of the
variance being requested.
(b)Local governments receiving notice of the variance request may submit
comments to the Zoning Administrator prior to a decision by the Person
County Board of Adjustment.
(c)Before the Board of Adjustment may grant a minor variance, it shall
make the findings of fact required in Article XIV, Section 142-1 157-3
(b) or (c).
(d)In accordance with Article XIV, Section 142-1 157-3 (d) of this
Ordinance, the Board of Adjustment may prescribe appropriate
conditions and safeguards to ensure that substantial justice has been done
and that the public safety and welfare has been assured.
(e)Every decision of the Board of Adjustment shall be subject to review by
the Superior Court of Person County as stated in Article XIV, Section
144 159-4e of this Ordinance.
(f)Records of minor variance shall be forwarded to the Division of Water
Quality for each calendar year, on or before January 1st of the following
year.
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SECTION 81 – COMMERCIAL AND INDUSTRIAL SITE PLAN REQUIREMENTS
81-2.1 Site Plan Specifications:
Every site plan shall be prepared in accordance with the following specifications:
1. Shall be prepared by a North Carolina registered land surveyor, engineer, architect or
landscape architect.
2. The proposed title of the project and the name of the engineer, architect, surveyor and/or
developer, the developer, and a signature panel for the Planning Director’s approval.
3. The north point, scale, date, and vicinity map.
4. Existing zoning and zoning district boundaries on the property in question and on
immediately surrounding properties.
5. The present use of all contiguous or abutting properties.
6. The boundaries of the property involved by bearings and distances.
7. All existing property lines, existing streets, buildings, watercourses, waterways or lakes
and other existing physical features in or adjoining the project.
8. Topography of the project area with contour intervals of ten feet or less.
9. The location and sizes of sanitary and storm sewers, gas lines, water mains, culverts, and
other underground structures, and easements for these facilities. Location of proposed or
existing fire hydrants.
10. The location, dimensions and character of construction of proposed streets, alleys,
driveways and the location, type and size of ingress and egress to the site.
11. The location of all existing and proposed off-street parking and parking bays, loading
spaces and walkways, indicating types of surfacing, size, angle of stalls, width of aisles,
and a specific schedule showing the number of parking spaces.
12. The location, height, type and materials of all existing and proposed fences, walls, screen
planting and landscaping details of all buildings and grounds, and the location, height and
character of all outdoor lighting systems, inclusive of wattage and illumination.
13. The location of all proposed buildings and structures, accessory and main; number of
stories and height, proposed general use for each building; and the number, size and type
of dwelling units where applicable.
14. Proposed finished grading by contour supplemented where necessary by spot elevations.
15. One hundred year floodplain areas per Federal Emergency Management Agency
16. The location, character, size, height and orientation of proposed signs.
17. The location and dimensions of proposed recreation, open space, and required amenities
and improvements.
18. Location of proposed solid waste facilities.
19. Proposed schedule of development.
20. Show total impervious surface. Show Best Management Practices where applicable.
21. Parking and Loading (see Section 110) for specific requirements.
22. Screening and Fencing. A screen not less than six feet high of dense plant material and/or
fence may be required (see Section 75 72 for additional guidance).
23. Where the length of a dead-end street exceeds two hundred (200) feet and where there
exists six (6) or more dwelling units, an area must be provided for the turnaround of fire
fighting vehicles on a stabilized surface. This area shall not be used for parking.
24. Locations of fire hydrants must be shown within 1000 feet, as measured along the access
drive from every dwelling unit in a residential building group.
25. When building heights exceed 50’ certified approval from the fire inspector is required
stating that the structure can be served by the local fire department.
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APPENDIX B
DEFINITIONS
(Amended 09/09/2019, 11/16/20; 5/3/21)
BOARD OF ADJUSTMENT - A semi-judicial body composed of representatives from or for the
planning jurisdiction of Person County which are given certain powers under and relative to this
ordinance. A body appointed by the County Commissioners to perform the duties described in Section
144.
FAMILY CARE HOME - As defined in G.S. 168-21 160-D-907, a home with support and
supervisory personnel that provides room and board, personal care and habitation services in a family
environment for not more than six (6) resident handicapped persons.
NONCONFORMING BUILDING - A building or structure that is not in conformance with the
provisions (Section 72 75-Table of Dimensional Requirements) of the district in which it is located.
(Added 6/3/2013)
PLANNING BOARD - A body appointed by the County Commissioners to perform the following
duties:
a) Develop and recommend long-range development plans and policies;
b) Advise the County Commissioners in matters pertaining to current physical development and
zoning for the County's planning jurisdiction.
duties described in Section 143.
TEMPORARY SIGN - A sign that is used in connection with a circumstance, situation, or event that
is designed, intended, or expected to take place or to be completed with a reasonably short or definite
period after the erection of such sign. If a sign display area is permanent but the message display but
the message displayed is subject to periodic changes, that sign shall not be regarded as temporary. (Def.
Added 3/17/97)
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NOTE 2 – INDUSTRIAL AND MANUFACTURING OPERATIONS
(Amended 3/18/96; 2016; 10/06/2020, 11/16/20)
TYPE OF
INDUSTRIAL
USE
GENERAL DESCRIPTION, INTENT AND STANDARDS EXAMPLES OF USES LIGHT INDUSTRIAL (LI)
Light industrial uses are prohibited in the Residential (R) Zoning
District.
Industrial operations involving the manufacturing, processing,
fabrication of acetylene gas (except for use on premises), ammunition,
explosives, fireworks, gunpowder, or matches shall not be allowed in
any district. (Amended 5/18/92)
The intent of these categories is to provide development standards that
promote the development of industrial and manufacturing operations
without compromising the health, safety and welfare of properties
adjacent to and in the vicinity of the project area. Included in this
category are uses that shall have minimal impacts on the public health,
safety and welfare.
The distinctions used in this category closely follow the NAICS
definitions. Manufacturing establishments are located in plants,
factories, or mills and employ power-driven machines and materials-
handling equipment. They may also employ workers who create new
products by hand, without the characteristic machinery-intensive
enterprise. Many manufacturing establishments process products of
agriculture, forestry, fishing, mining, or quarrying as well as products of
other manufacturing establishments. The subcategories reflect sectors
with distinct production processes related to material inputs, production
equipment, and employee skills. Most manufacturing establishments
have some form of captive services (e.g., research and development,
and administrative operations, such as accounting, payroll, or
management). These are functionally the same as the primary
establishment. However, when such services are provided by separate
establishments, they will be evaluated as either light or heavy industrial
in their own right. If needed, Person County Planning and Zoning staff
should rely on the NAICS’ activity dimension to differentiate between
an office activity and a factory activity for such establishments.
Vegetative and/or structural buffers shall be required when light
industrial land uses are adjacent to or across from, any residential use
regardless of the distance separating uses (For additional information,
please see Setback Requirements – Section 75 Sections 72 and 73)
Manufacture,
assembly, repair or
servicing of light
industrial goods and
products; business or
consumer machinery;
equipment, products or
by-products;
Commercial bakery;
Crematorium;
Cold storage plant;
Coal sales and storage;
Manufacture, assembly
and repair of computer
components including
semi-conductors;
precision instruments;
electrical/electronic;
toys; wind energy
component;
telecommunication
equipment; advanced
textiles; transportation
equipment
components;
Sheet metal shop;
Bottling;
Woodworking, cabinet
making, and/or
furniture
manufacturing
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TYPE OF
INDUSTRIAL
USE
GENERAL DESCRIPTION, INTENT AND STANDARDS EXAMPLES OF USES HEAVY INDUSTRIAL (HI)
Heavy industrial uses are prohibited in the Residential (R),
Neighborhood Business (B-2) and Rural Conservation (RC) Zoning
Districts. (Amended 11/16/20)
Industrial operations involving the manufacturing, processing,
fabrication of acetylene gas (except for use on premises),
ammunition, explosives, fireworks, gunpowder, or matches shall not
be allowed in any district. (Amended 5/18/92)
Vegetative and/or structural buffers shall be required when heavy
industrial land uses are adjacent to or across from, any residential use
regardless of the distance separating uses (For additional information,
please see Setback Requirements – Section 75)Sections 72 and 73)
This District is generally for those industrial uses where the impacts
to the public health, safety and/or welfare are greatest.
These industrial uses typically have large land requirements and
require the outdoor storage of materials. In addition to most of the
industrial uses permitted as “Industrial, Light” uses, uses involving
the primary processing of materials such as metal refining, plastics,
pulp and paper, animal rendering, clay sand or gravel processing are
included in this category. (Amended 11/16/20)
The Director of Planning may use discretion to consider uses not
specifically listed here as long as these meet the intent of the
definition. The Planning Director shall provide a summary
supporting of their interpretation for the record.
The distinctions used in this category closely follow the NAICS
definitions. Manufacturing establishments are located in plants,
factories, or mills and employ power-driven machines and materials-
handling equipment. They may also employ workers who create new
products by hand, without the characteristic machinery-intensive
enterprise. Many manufacturing establishments process products of
agriculture, forestry, fishing, mining, or quarrying as well as products
of other manufacturing establishments. The subcategories reflect
sectors with distinct production processes related to material inputs,
production equipment, and employee skills. Most manufacturing
establishments have some form of captive services (e.g., research and
development, and administrative operations, such as accounting,
payroll, or management). These are functionally the same as the
primary establishment. However, when such services are provided by
separate establishments, they will be evaluated as either light or heavy
industrial in their own right. If needed, Person County Planning and
Zoning staff should rely on the NAICS’ activity dimension to
differentiate between an office activity and a factory activity for such
establishments.
Animal Processing,
Packing, Treatment
and Storage
Livestock
Slaughtering,
Processing of Food
and Related
Products
Production of
Chemicals, Rubber,
Leather, Clay,
Bone, Plastic,
Stone, Glass
Production of
Fabrication of
Metals or Metal
Products
(enameling,
galvanizing,
sawmill)
Asphalt and
concrete plants
Power generating
plants, including the
storage of ore, coal,
atmospheric gas,
grain, petroleum
and other materials
used to produce
power
Hazardous material
disposal
Explosive Storage
and Distribution
Facilities
Fertilizer
Manufacture
Quarry Operations
Storage, Flammable
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NOTE 8 – PRIVATE AIRSTRIP/HELIPORT
(Added May 7, 2001)
Private airstrip/heliport without commercial activity. No zoning permit required.
NOTE 9 – RADIO, TELEPHONE AND TV TRANSMITTING TOWER
Towers located in B1, B2 or GI Districts require a Special Use Permit if located adjacent to a
residential use.
Setbacks for Radio, Telephone and TV Transmitting Towers will be equal to the height of the
tower unless the fall-zone is certified to be less than the height of the tower.
Lattice towers, or self-supporting towers, with a triangular base tapered to the top and engineered
with break-points may be setback a distance ½ their height.
At a minimum, towers in all Districts are subject to the standards of the Table of Dimensional
Requirements (Table 75 72; page 64).
There are no height limitations for towers except as specified by the Federal Aviation
Administration (FAA) in the vicinity of the Person County Airport.
NOTE 10 – DELETED 10/5/20
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any State law delegated to the local government for enforcement purposes in lieu of the State; or for
false statements or misrepresentations made in securing the approval. Any development approval
mistakenly issued in violation of an applicable State or local law may also be revoked. The revocation
of a development approval by a staff member may be appealed to the Board of Adjustment pursuant to
N.C.G.S. 160D-405. If an appeal is filed regarding a development regulation adopted by a local
government pursuant to this Chapter, the provisions of N.C.G.S. 160D-405(e) regarding stays shall be
applicable (N.C.G.S. 160D-403(f)).
142-4 PENALTIES
a)Subject to the provisions of the development regulation, any development regulation adopted
pursuant to authority conferred by N.C.G.S Article 4 may be enforced by any of the following
remedies:
1.Any person, firm or corporation who violates any provision of this ordinance shall be
guilty of a Class 3 misdemeanor and shall be fined not more than five hundred dollars
($500).
2.Each day a violation exists shall be a separate violation hereunder. (Amended
11/17/2003)
b)This Ordinance may be enforced by an appropriate equitable remedy, including temporary
restraining order, preliminary injunction and permanent injunction as issued by a court of
competent jurisdiction. (Amended 11/17/03) (N.C.G.S. 160D-404(c)).
SECTION 143 PLANNING BOARD
143-1 MEMBERSHIP AND VACANCIES
The Planning Board shall consist of 7 members who are residents of Person County. The members
shall be appointed by the Board of Person County Commissioners and serve for terms of three years.
Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the
period of the unexpired term. Faithful attendance at the meetings of the Board is considered a
prerequisite for the maintenance of membership on the Board.
143-2 DUTIES
It shall be the duty of the Planning Board, in general;
a)To advise the Board of County Commissioners concerning implementation of plans, including,
but not limited to review and comment on all zoning, text, and map amendments as required by
G.S. 160D-6-4 and other tasks assigned by this ordinance.
b)To acquire and maintain in current form such basic information and materials as are necessary
to an understanding of past trends, present conditions, and forces at work to cause changes in
these conditions;
c)To prepare and from time to time amend and revise a comprehensive and coordinated plan for
the physical development of the area;
d)To establish principles and policies for guiding action in the development of the area;
e)To prepare and recommend to the Board of County Commissioners ordinances promoting
orderly development along the lines indicated in the comprehensive plan;
f)To determine whether specific proposed developments conform to the principles and
requirements of the comprehensive plan for the growth and improvements of the area;
g)To keep the Board of County Commissioners and the general public informed and advised as to
these matters;
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h) To perform any other duties which may lawfully be assigned to it.
SECTION 144 BOARD OF ADJUSTMENT
144-1 MEMBERSHIP AND VACANCIES
The Board of Adjustment shall consist of five (5) members appointed by the Person County Board of
Commissioners and each shall serve for a term of three (3) years until a successor is duly appointed
and qualified. Members shall be removable by the appointing authority for cause, upon written
charges, after a public hearing.
144-2 DUTIES
It shall be the duty of the Board of Adjustment, in general;
a) To hear and decide appeals from any order, requirement, decision, or determination made by
the County Planner in the enforcement of this Ordinance;
b) To hear and decide specific variances;
c) To perform any other duties which may lawfully be assigned to it.
20
Exhibit B
An Ordinance Correcting Cross-Reference and other Errors in the Planning Ordinance
NOW THEREFORE, be it ordained by the Person County Board of Commissioners that
following:
Section 1. In Section 30-13(B)(1)(a): Article XIV, Section 157-3, Board of
Adjustment Public Hearing, is the correct reference not Article XIV, Section 143-2.
Section 2. In Section 30-13(B)(1)(c): Article XIV, Section 157, Zoning Variances, is
the correct reference not Article XIV, Section 142-1.
Section 3. In Section 30-13(B)(1)(d): Article XIV, Section 157, Zoning Variances, is
the correct reference not Article XIV, Section 142.
Section 4. In Section 30-13(B)(1)(e): Article XIV, Section 159-4e, is the correct
reference not Article XIV, Section 144.
Section 5. In Section 81-2.1.22, Screening and Fencing has a reference to Section 75
and the ordinance does not have a Section 75. Change reference to Section 72.
Section 6. In Appendix B, Definition of “Board of Adjustment,” rewrite the definition
to read as follows: “A quasi-judicial body appointed by the County Commissioners to perform the
duties described in Section 144.”
Section 7. In Appendix B, Definition of “Family Care Home” includes reference to
General Statutes that has been moved. Amend the G.S. reference to read §160D-907.
Section 8. In Appendix B, Definition of “nonconforming building” includes reference
to the Section 75. Change reference to Section 72.
Section 9. In Appendix B, Definition of “Planning Board,” rewrite the definition to
read as follows: “A body appointed by the County Commissioners to perform the duties described
in Section 143.
Section 10. In Appendix B, Definition of “temporary sign” included duplicated
language. Delete “the message display but.”
Section 11. In Appendix C, Notes to the permitted use table, replace references to
Section 75 in Note 2 to Sections 72 and 73 and replace reference to Table 75 in Note 9 to Section
72.
Section 12. Add Section 143, Planning Board, to ready as follows:
SECTION 143 PLANNING BOARD
143-1 MEMBERSHIP AND VACANCIES
The Planning Board shall consist of 7 members who are residents of Person County. The
members shall be appointed by the Board of Person County Commissioners and serve for terms
of three years. Vacancies occurring for reasons other than expiration of terms shall be filled as
they occur for the period of the unexpired term. Faithful attendance at the meetings of the Board
is considered a prerequisite for the maintenance of membership on the Board.
21
Exhibit B
143-2 DUTIES
It shall be the duty of the Planning Board, in general;
a) To advise the Board of County Commissioners concerning implementation of plans,
including, but not limited to review and comment on all zoning, text, and map amendments as
required by G.S. 160D-6-4 and other tasks assigned by this ordinance.
b) To acquire and maintain in current form such basic information and materials as are necessary
to an understanding of past trends, present conditions, and forces at work to cause changes in
these conditions;
c) To prepare and from time to time amend and revise a comprehensive and coordinated plan for
the physical development of the area;
d) To establish principles and policies for guiding action in the development of the area;
e) To prepare and recommend to the Board of County Commissioners ordinances promoting
orderly development along the lines indicated in the comprehensive plan;
f) To determine whether specific proposed developments conform to the principles and
requirements of the comprehensive plan for the growth and improvements of the area;
g) To keep the Board of County Commissioners and the general public informed and advised as
to these matters;
h) To perform any other duties which may lawfully be assigned to it.
Section 13. Add Section 144, Board of Adjustment, to read as follows:
SECTION 144 BOARD OF ADJUSTMENT
144-1 MEMBERSHIP AND VACANCIES
The Board of Adjustment shall consist of five (5) members appointed by the Person County
Board of Commissioners and each shall serve for a term of three (3) years until a successor is
duly appointed and qualified. Members shall be removable by the appointing authority for cause,
upon written charges, after a public hearing.
144-2 DUTIES
It shall be the duty of the Board of Adjustment, in general;
a) To hear and decide appeals from any order, requirement, decision, or determination made by
the County Planner in the enforcement of this Ordinance;
b) To hear and decide specific variances;
c) To perform any other duties which may lawfully be assigned to it.
Section 14. In Section 153-4, Planning Board Review and Recommendation, rewrite the
requirement for posted notice as follows:
The Zoning Administrator shall post notice on the land subject to the application within
the same time period specified for mailed notice of the hearing using weatherproof signs, one sign
per road frontage and posted no more than 25’ from the street right-of-way. (NCGS 160D-602).
Section 15. In Section 154-3, Planning Board Review and Recommendation, rewrite the
requirement for posted notice as follows:
22
Exhibit B
The Zoning Administrator shall post notice on the land subject to the application within
the same time period specified for mailed notice of the hearing using weatherproof signs, one sign
per road frontage and posted no more than 25’ from the street right-of-way. (NCGS 160D-602).
Section 16. In Section 155-3, Board of Commissioners Public Hearing, rewrite the
requirement for posted notice as follows:
The Zoning Administrator shall post notice on the land subject to the application within
the same time period specified for mailed notice of the hearing using weatherproof signs, one sign
per road frontage and posted no more than 25’ from the street right-of-way. (NCGS 160D-602).
Section 17. Any ordinance or resolution inconsistent with this ordinance is hereby
repealed.
Adopted this 4th day of August, 2025.
Kyle Puryear, Chairman
Person County Board of Commissioners
Attest:
Michele Solomon, Clerk to the Board
23
Exhibit C - old ordinances
24
25
26
27
SECTION IX: BOARD OF ADJUSTMENT
1.There is hereby created a Board of Adjustment to have and exercisethe following powers: ( 1) to hear and decide appeals from anyorder, requirement, decision, or determination made by the CountyPlanner in the enforcement of this Ordinance; ( 2) to hear anddecide special exceptions to the terms of this Ordinance uponwhich such Board of Adjustment under such regulations may berequired to pass; and (3) to hear and decide specific variances.
2.The Bo ard of Adjustment shall consist of five (5) membersappointed by the Person County Board of Commissioners and eachshall serve for a term of three ( 3) years until a successor isduly appointed and qualified. Of the members first appointed, oneshall be appointed for a term of one year, one for a term of twoyears, and one for a term of three ye ars. Members shall beremovable by the appointing authority for cause, upon writtencharges, after a public hearing.
3.The Board of Adjustment shall adopt rules for its governance andin harmony with the provisions of this Ordinance. Meetings of theBoard of Adjustment shall be held at the call of the Chairpersonand at such other times as the Board of Adjustment may determine.The Chairperson or, in the absence of the Chairperson, the ActingChairperson may administer oaths and compel the attendance ofwitnesses. All hearings of the Board of Adjustment shall bepublic. The Board of Adjustme nt shall keep minutes of itsproceedings showing the vote of each member upon each question; orif absent or failing to vote, indicating such fact, and shall keeprecords of its examinations and other official actions, all ofwhich shall immediately be filed in the office of the CountyPlanner and on due cause shown.
4.The Board of Adjustment shall make written findings of facts andconclusions of law giving the facts upon which it acted and itslegal conclusions from such facts in reversing, affirming, ormodifying any order, requirement, decision, or determination whichcomes before it under the provisions of this Ordinance.
5.The concurring vote of a majority of the members of the Board ofAdjustment shall be sufficient to reverse any order, requirement,decision, or determination of the County Planner or decide infavor of the applicant on any matter upon which it is required topass un der thi s Ordinan ce, or to effect variation to thisOrdinance.
Date of Adoption: January 16, 1989
11
28
AGENDA ABSTRACT
Meeting Date:
Aug. 4, 2025
Agenda Title:
Text Amendment TA-04-25 to amend the term of zoning permit validity the Planning
Ordinance
Summary of Information:
The Planning Ordinance currently states that Zoning Permits expire at the end of 12 months,
regardless of whether the project is complete. This causes large projects to reapply or renew
their permits. This is not a common practice and not consistent with common law provisions.
Once work begins on an approved project, the owner is allowed to continue that work through
to completion unless work ceases or is abandoned.
Financial Impact:
None.
Recommended Action:
The Planning Board held a public hearing on this application at the July 10 meeting. No one
spoke during the public hearing. With a unanimous vote, the Planning Board recommended
approval of the text amendment and found it consistent with the adopted Person County & City
of Roxboro Joint Comprehensive Land Use Plan because the it is consistent with state law.
Submitted By:
Margaret A. Hauth, Interim Planning Director
29
7/29/2025
PERSON COUNTY PLANNING & ZONING DEPARTMENT
STAFF REPORT
Text Amendment TA-04-25 to amend the time period for zoning permit validity the Planning Ordinance
Request
Text Amendment TA-04-25 is to amend the time period for zoning permit validity to better align with state
law and common law vesting principles.
Introduction
The Planning Ordinance currently states that Zoning Permits expire at the end of 12 months, regardless
of whether the project is complete. This causes large projects to reapply or renew their permits. This is
not a common practice.
While state law provides clear authorization for building permits to expire, there is less clear
authorization for zoning permits to expire. Many approvals under the planning ordinance qualify as site
specific development plans and have set vested rights durations. Zoning permits are administrative,
non-discretionary permits and therefore do not qualify as site specific development plans. Common law
vesting provisions apply to administrative approvals. A property owner can claim common law vesting if
they expend resources in execution of work approved by an administrative permit.
Marked up sections for each of these issues is attached as Exhibit A. Language to be removed is shown in
the strike-through font. New language is in italics and highlighted yellow.
Comprehensive Plan & Zoning Consistency
Person County Planning Ordinance Section 153, Amendments to the Zoning Map or Ordinance, as well as,
NCGS §160D-604 & § 160D-605, requires plan consistency and a recommendation from the Planning
Board and the Board of Commissioners. For amendments like this, one is unlikely to find language in a
comprehensive plan to support the amendments. A general statement of plan consistency and a desire
for clear regulations can use used as adequate support.
Planning & Zoning Department Staff Analysis & Potential Motion
The current ordinance provision requiring an applicant to renew a Zoning Permit if the work is not
completed within 12 months is inconsistent with common law vesting practices and could place the
county at risk. Staff recommend that permits only expire if work is stopped or is abandoned once it begins.
Planning Board Recommendation
The Planning Board held a public hearing on this application at the July 10 meeting. No one spoke during
the hearing. The members discussed options and adjustments to the suggested wording. With a
unanimous vote, the Planning Board recommended approval of the revised text amendments and found
it consistent with the adopted Person County & City of Roxboro Joint Comprehensive Land Use Plan
because it clarifies the regulation language.
30
TA-02-25 - Staff Report
Page 2 of 2
7/29/2025
Based on the above, Planning & Zoning Department staff states that the amendments are consistent with
the Comprehensive Plan and the Planning Board could adopt a written Statement of Reasonableness and
Plan Consistency to the Board of Commissioners in a single-statement potential motion, as follows:
“I hereby move to approve the ordinance, titled “An Ordinance Amending the Term of Permit Validity
in the Planning Ordinance”, and find the document reasonable in the public’s interest and consistent
with the Person County & City of Roxboro Joint Comprehensive Land Use Plan because the it is
consistent with state law.”
Attachments:
Exhibit A: Marked-up Ordinance Excerpts.
Exhibit B: Ordinance amending the Person County Planning Ordinance
31
77
SECTION 141 APPROVALS AND COMPLIANCE
141-1 ZONING PERMIT (Amended 11/18/91; 3/17/97; 5/3/21)
a)Unless 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)
b)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.
c)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. Any zoning permit expires one (1) year after issuance,
unless work authorized by the permit has substantially commenced, as verified by the
Administrator or designee. Once work has substantially commenced, a zoning permit shall
remain valid through project completion unless the work authorized by the permit is suspended
or abandoned for a period of twelve (12) months. 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.
141-2 PERMIT OF OCCUPANCY/ COMPLIANCE
a)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
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.
b)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.
Exhibit A
32
Exhibit B
An Ordinance Amending the Term of Permit Validity in the Planning Ordinance
NOW THEREFORE, be it ordained by the Person County Board of Commissioners that
following:
Section 1. Section 141-1c, Zoning Permit Application Issuance, is hereby by amended by
replacing the first two sentences with the following italicized language:
Zoning Permit Application Issuance. Any zoning permit expires one (1) year after issuance, unless
work authorized by the permit has substantially commenced, as verified by the Administrator or designee.
Once work has substantially commenced, a zoning permit shall remain valid through project completion
unless the work authorized by the permit is suspended or abandoned for a period of twelve (12) months.
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.
Section 2. Any ordinance or resolution inconsistent with this ordinance is hereby repealed.
Adopted this 4th day of August, 2025.
Kyle Puryear, Chairman
Person County Board of Commissioners
Attest:
Michele Solomon, Clerk to the Board
33
AGENDA ABSTRACT
Meeting Date:
Aug. 4, 2025
Agenda Title:
Text Amendment TA-05-25 to correct state law reference and amendment dates in the
Subdivision Regulations
Summary of Information:
Planning staff identified a few typographical errors in the Subdivision Regulations that need
correcting, namely the reference to the correct state enabling legislation and the dates for two
previously processed amendments.
Financial Impact:
None.
Recommended Action:
The Planning Board held a public hearing on this application at the July 10 meeting. No one
spoke at the public hearing. With a unanimous vote, the Planning Board recommended approval
of the text amendment and found it consistent with the adopted Person County & City of
Roxboro Joint Comprehensive Land Use Plan because the amendment is consistent with state
law and county records.
Submitted By:
Margaret A. Hauth, Interim Planning Director
34
7/29/2025
PERSON COUNTY PLANNING & ZONING DEPARTMENT
STAFF REPORT
Text Amendment TA-05-25 to correct state law reference and amendment dates in the Subdivision
Regulations.
Request
Text Amendment TA-05-25 to correct state law reference and amendment dates in the Subdivision
Regulations.
Introduction
The state law reference in Section 11 of the Subdivision Regulations was not updated when the new
planning Legislation was enacted. Two other sections that were amended in May, 2021 have amendment
dates that contain “X”. This amendment fills in the actual date of May 3.
Comprehensive Plan & Zoning Consistency
NCGS §160D-604 & §160D-605, requires plan consistency and a recommendation from the Planning Board
and the Board of Commissioners for all text amendments of land regulatory ordinances.
Planning & Zoning Department Staff Analysis & Potential Motion
Planning staff identified these errors in the course of becoming familiar with the ordinances. These
amendments remove risk from incorrect and incomplete references.
Planning Board Recommendation
Based on the above, Planning & Zoning Department staff states that the amendments are consistent with
the Comprehensive Plan and the Planning Board could adopt a written Statement of Reasonableness and
Plan Consistency to the Board of Commissioners in a single-statement potential motion, as follows:
“I hereby move to approve the ordinance, titled “An Ordinance Amending Errors in the Subdivision
Regulations”, and find the document reasonable in the public’s interest and consistent with the
Person County & City of Roxboro Joint Comprehensive Land Use Plan because the amendment is
consistent with state law and county records.”
Attachments:
Exhibit A: Mark up of Current Ordinance
Exhibit C: Ordinance amending the Person County Subdivision Regulations
35
ARTICLE I
GENERAL PROVISIONS
SECTION 10 - TITLE
10-1 These regulations shall hereafter be known, cited and referred to as the Subdivision Regulations of
Person County, North Carolina.
SECTION 11 - AUTHORITY AND ENACTMENT CLAUSE
11-1 In pursuance of the Authority conferred by Section 330 of Chapter 153A Section 8 of Chapter 160D
of the General Statutes of North Carolina as amended; NOW, THEREFORE, THE BOARD OF
COMMISSIONERS OF PERSON COUNTY, NORTH CAROLINA DOES HEREBY ORDAIN
AND ENACT INTO LAW, THE FOLLOWING ARTICLES AND SECTIONS.
SECTION 21- SUBMISSION OF MINOR FINAL PLAT TO THE
PLANNING AND ZONING ADMINISTRATOR
(As amended 11-3-97, 5-3-99, X-X-2021 5/3/2021)
21-1 The requirements for obtaining minor final subdivision plat approval are as follows:
SECTION 33 - BONDING REQUIREMENTS
(As amended 5/3/99; 6/5/06; 5/3/2021)
33-5 When the required improvements have been completed the developer shall notify the Planning and
Zoning Administrator. The Planning and Zoning Administrator shall request comments relative to those
improvements from the North Carolina Department of Transportation, the Soil Conservation Service and
the Person County Health Department, who will notify the Planning and Zoning Administrator that the
improvements have been installed to their satisfaction. The Planning and Zoning Administrator shall request
in writing to the County Manager to release the bond, letter of credit or funds from escrow. When required
improvements that are secured by a bond are completed to the specifications of Person County, or are
accepted by Person County, if subject to county acceptance, upon request by the developer, Person County
shall timely provide written acknowledgement that the required improvements have been completed. (SL
2019-79 SB 313). In the event of default by the developer, the County Manager is authorized to call for
payment of the bond or letter of credit or to release security from escrow and to utilize such funds for the
completion of improvements in a manner as determined by the Board of Commissioners. (Amended 5/3/99;
6/5/06; X/X/2021 5/3/2021)
36
Exhibit B
An Ordinance Amending Errors in the Subdivision Regulations
NOW THEREFORE, be it ordained by the Person County Board of Commissioners that
following:
Section 1. Section 11-1 is amended to replace “Section 330 of Chapter 153A” with “Section
8 of Chapter 160D” to update the state law reference for subdivision authority.
Section 2. Section 21, Submission of Minor Final Plat to the Planning and Zoning
Administrator, is amended to reflect the amendment date of 5/3/2021 rather than X/X/2021.
Section 3. Section 33-5 is amended to reflect the amendment date of 5/3/2021 rather than
X/X/2021.
Section 4. Any ordinance or resolution inconsistent with this ordinance is hereby repealed.
Adopted this 4th day of August, 2025.
Kyle Puryear, Chairman
Person County Board of Commissioners
Attest:
Michele Solomon, Clerk to the Board
37
July 21, 2025
1
PERSON COUNTY BOARD OF COMMISSIONERS July 21, 2025
MEMBERS PRESENT OTHERS PRESENT
Kyle Puryear Katherine M. Cathey, County Manager
Jason Thomas Michele Solomon, Clerk to the Board
Sherry Wilborn T.C. Morphis, Jr., County Attorney
Antoinetta Royster
Donald Long
The Board of Commissioners for the County of Person, North Carolina, met in
Regular session on Monday, July 21, 2025 at 9:00 a.m. in the Commissioners’ Boardroom
215 in the Person County Office Building located at 304 S. Morgan Street, Roxboro, NC.
Chairman Puryear called the meeting to order and recognized a quorum was present.
Vice-Chairman Thomas offered an invocation, and Commissioner Wilborn led the group in
the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Vice-Chairman Thomas and carried 5-0 to approve the
agenda.
PUBLIC HEARING:
REZONING/MAP AMENDMENT APPLICATION RZ-01-25 FOR ELIUD
MUNOZ TO REZONE 0.8-ACRE SUBJECT PROPERTY FROM A
RESIDENTIAL (R) to B-1 (HIGHWAY COMMERCIAL) ZONING
DESIGNATION
A motion was made by Commissioner Wilborn and carried 5-0 to open the duly
advertised public hearing for Rezoning/Map Amendment Application RZ-01-25 for Eliud
Munoz to rezone 0.8-acre Subject Property from a Residential (R) to B-1 (Highway
Commercial) zoning designation.
Interim Planning Director Margaret Hauth presented the following:
38
July 21, 2025
2
39
July 21, 2025
3
40
July 21, 2025
4
41
July 21, 2025
5
Hauth stated that that the building has been used as a business for many years. She
stated that the site is considered non-conforming as it is now because it is zoned
residential and has a commercial structure on it. She stated that the site is rather small, less
than an acre; therefore, the redevelopment potential is limited, and it also has a lack of
water and sewer services, which also limits the redevelopment of the site. She stated that
the Planning Board made a unanimous recommendation to not approve this rezoning
request. She stated that the Planning Board encouraged the applicant to submit a
Conditional Zoning Request, so that the uses on the site could be constrained.
There were no questions from the Board for Hauth.
The applicant, and property owner, Eliud Munoz stated that he wanted to open and
run a business with his son, who wants to be a mechanic. He stated that he and his family
currently own and operate a restaurant in Hillsborough, therefore he is familiar with how
things go running a business. He stated that if the rezoning is approved, he would do what
is required by the County to be in compliance with any ordinances.
There were no questions from the Board for Munoz.
The following individuals appeared before the Board to speak in opposition of RZ-
01-25 for Eliud Munoz to rezone 0.8-acre Subject Property from a Residential (R) to B-1
(Highway Commercial) zoning designation:
Tommy Yarborough of 2333 Leasburg Road, Roxboro stated that the property was
and still is, as far as he is concerned, a country store. He stated that there is no water, and
no sewage, except for the septic tank line and the well. He stated that if the applicant
decides to turn this property into a garage repair center, he is concerned about oil and
petroleum products getting in the ground. He stated that the soil around and behind the
store is clay, which is not very good soil. He stated that it is only .8 acres, which is a very
small area. He stated that this is a prone place for accidents. He stated that people have
been killed out there because they do not know how to slow down and stop for stop signs.
He stated putting another business in that corner is only going to create more issues. He
stated that most people in the area are against this as it is not a suitable place for a garage,
especially since this is a farming community, that grows tobacco, wheat, and corn.
Karen Long of 586 Dee Long Road, Roxboro stated that she remembers the
country store and used to ride her bicycle up there all the time. She stated that one of the
arguments she has seen for in favor of putting the business in that location was that there
are similar businesses in that area, so it would fit right in. She stated that is part of her
issue.
42
July 21, 2025
6
Long stated that in the area between Dee Long Road and the intersection with
Burlington Road, there are no fewer than five existing locations where there is auto
service or bulk auto storage or used car sales. She stated that she thinks that should meet
the quota for that type of business in the area. She stated another issue that she is worried
about is, once they obtain approval and the business is open, who will regulate the
property, and make sure they are doing what they are supposed to do in reference to
maintenance, appearance, how the property is taken care of. She stated that there is no
protection from spills and no screening.
A motion was made by Commissioner Wilborn and carried 5-0 to close the public
hearing for RZ-01-25 for Eliud Munoz to rezone 0.8-acre Subject Property from a
Residential (R) to B-1 (Highway Commercial) zoning designation.
CONSIDERATION TO GRANT OR DENY REZONING/MAP AMENDMENT
APPLICATION RZ-01-25 FOR ELIUD MUNOZ TO REZONE 0.8-ACRE
SUBJECT PROPERTY FROM A RESIDENTIAL (R) to B-1 (HIGHWAY
COMMERCIAL) ZONING DESIGNATION
Commissioner Wilborn stated that she attended the Planning Board meeting, as she
generally does. She stated that she does not recall that property being used for anything
other than commercial use. She stated that the tax office taxes the property as a
commercial property. She stated that the County encourages people to follow ordinances
and this applicant is trying to do that. She stated, that Hauth mentioned that it is a non-
conforming use, and that this would bring it into a conforming use to do the rezoning. She
stated that being at an intersection on a US Highway lends that parcel to commercial use.
She stated that there is another property three miles east that is zoned B-1, with a similar
use that is twice the size and not at an intersection. She stated that the property on the
other corner to the east of Dee Long Road is already zoned B-1. She stated that the only
property that directly abuts this property without separation by highway is owned by Mr.
Dixon, who came to the Planning Board meeting and said that he did not have a problem
with this being rezoned, and that he thought it was already a commercial use and was
surprised that it was not. She stated that Dixon’s only request was for the property to be
kept clean and quiet. She stated that there was a concern brought up by Mr. Yarborough
about traffic accidents, and it was also brought up at the Planning Board meeting, and
Dixon stated that the accidents were not caused by the commercial use there because the
accidents happened when there were no businesses operating there. She stated that another
gentleman, Mr. Westbrooks, was at the Planning Board meeting, and he lives south of the
other corner property that is zoned B-1, and he, like, Dixon, said he was not opposed to
the rezoning, as he thought it was already commercial, and that he had the same desire for
it to be kept clean and quiet.
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July 21, 2025
7
Wilborn stated that Yarborough is on the other side of Dee Long Road, and is
closer to the property that is already zoned B-1, as he is three doors down. She stated that
he has a sign at the road advertising a pressure washing business. She stated that there are
other businesses along that corridor as well.
A motion was made by Commissioner Wilborn and failed to carry 3-2 to approve
RZ-01-25 for Eliud Munoz to rezone 0.8-acre Subject Property from a Residential (R) to
B-1 (Highway Commercial) zoning designation. Chairman Puryear, Vice-Chairman
Thomas, and Commissioner Royster voted in opposition. Commissioner Wilborn and
Commissioner Long voted in favor of.
Chairman Puryear stated that after reviewing this, he does not find it consistent
with the Person County/City of Roxboro Joint Land-Use Plan.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Nancy Horn of 118 Elderberry Lane, Rougemont stated that in recent years, this
historic and pristine part of NC with rich farmland, going back generations, has been
chosen by global corporations that are not acting with citizens’ best interest in mind. She
stated that they scour the world to find untouched and inexpensive places without a single
though to impact, and focusing only on their bottom line. She stated that Robert Brauer,
chair of the Environmental Issues Advisory Committee is the last gatekeeper between the
corporate machine and those who may not be able to take the time to keep informed on the
ways that they could be impacted. She stated that Brauer has been a vocal critic of Moriah
Energy Center, and is a tireless advocate for the citizens of Person County, who have
seemed to be forgotten in this short-sighted attempt to appease corporate interests. She
stated that she recommends that the Board maintain Brauer as the chairman and that the
committee stays.
Katie Moore of 411 N. Lamar Street, Roxboro stated that she is in favor of the
Environmental Issues Advisory Committee and urged the Board to reappoint Bob Brauer
as the chair. She stated that Brauer has been a support to this community and has
incredible expertise and thoughtfulness about the environmental issues in this area. She
stated that Brauer goes above and beyond to inform the community of what is going on.
She stated that Brauer writes articles that are published in the paper, organizes litter clean-
up, has taken a lot of his time to be a pillar of this community, and cares deeply about
what is going on here.
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Moore stated that she does not understand why the Board would not want someone
like Brauer advising them and the community. She stated that removing Brauer and
getting rid of the Environmental Issues Advisory Committee is a commitment to sticking
your head in the sand about real concerns.
Sandy Pleasant of 465 Yarborough Road, Roxboro stated that she is here to
support the reappointment of Bob Brauer to the Environmental Issues Advisory
Committee. She stated that she was a member of the committee for over nine years, and
was one of the first of nine appointed by the Commissioners to serve on this committee.
She stated that Brauer is a leader and a man of integrity, and she supports him.
Brandy Lynch of 555 St. Paul Church Road, Roxboro stated that she was the
current Economic Development Director for Person County, and more importantly, she is
a wife and mother. She stated that in 2019, she began working with Person County
Economic Development. She stated that in February 2023, she accepted the position of
Director. She stated that she took the job with the County, which had a budget and a
highly qualified County Manager. She stated that she remembered telling the County
Manager that she had kept the department running the same way for months because she
felt it wasn’t her place to change it. She stated that she will never forget when the County
Manager told her this department was hers and that she needed to make it what she
wanted. She stated that many people encouraged her to apply, and eventually she did, not
because she wanted the job, but because her son is Type 1 Diabetic, and the rising costs of
medical supplies and other needs were overwhelming. She stated that you can ask the
County Manager today, and she will confirm that is exactly what she told her. She stated
that she interviewed with the County Administration, and the Economic Development
Commission. She stated that she wanted to take a moment to tell them about her
department and some of what they have achieved. She stated that the department has a
fantastic team. She stated that there is often a misconception about Economic
Development; the public may think they are all the same, but they are not. She stated, to
clarify, the EDC is the Economic Development Commission, and they are an advisory
board of volunteers elected by the Person County Board of Commissioners. She stated that
the Person County Business and Industrial Center is a 501(c)(3) organization that the
Economic Development Department is neither a part of nor has any knowledge of their
actions anymore. She stated, finally, there is the Person County Economic Development
Department. She stated that these three entities are separate, even though some individuals
may serve on more than one board. She stated one last thing, to her family, she has always
put them first. She stated that this job has taken so much of her and her time, and for that,
she is sorry. She stated that the job has taken many vacations, plans, evenings, and some
holidays, but they have always supported her.
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Karen Long of 586 Dee Long Road, Roxboro stated that she is in support of
reappointing Bob Brauer to the Environmental Issues Advisory Committee. She stated that
Brauer quickly became the face of the committee. She stated that this is due to social
media presence, involvement in the community, picking up trash, and giving out books.
She stated that Brauer does not just show up for the meetings, that he is a worker-bee, that
he is dirty, sweaty, and out there working with the people in the County and on the
committee. She stated in addition to that, the information availability to the public is
exponentially better than it ever has been, with articles in the paper, and on social media.
She stated that she looked at the committee’s bylaws, and it is the responsibilities of that
committee to seek ways to educate the public on environmental issues and practices. She
stated that as the chair, Brauer acts as spokesman for the entire organization, and it is not
just his feelings, it is also the committee’s. She stated that the committee is responsible for
adhering to the ethical responsibilities as established by the Board of Commissioners.
Cheryl Allen of 549 Old City Lake Road, Roxboro stated that the high cancer rate
in this County shocked her. She stated that she has a great view of the stacks with the
smoke coming out from her horizon. She stated that as a teacher she always thought about
the children. She stated think of the children’s safety and future. She stated that Bob
Brauer is laidback, relaxed, easy-going, and very smart. She stated that he writes
wonderful articles and researches that information. She stated that he even got her to write
an article about the litter issues in this County. She stated that Person County is one of the
highest in litter populations, ranking 4 out of 100. She stated that Brauer listens to the
committee members. She stated that the committee purchases a book every year for grades
K-5 and distributes it to the schools to be read to the children to make them aware of
pollution, trash, and the environment. She stated that Brauer is smart and gets the
committee members focused. She stated that she does not care what Brauer’s views are on
the MEC, that he has a right to have a view on anything he wants to as he is an American
citizen, such as herself. She stated leave him in the job.
Holly Emerson of 610 Newton Pleasant Loop Road, Hurdle Mills stated that she is
new to the area and represents the Bushy Fork township. She stated that she moved here
from Mecklenburg County. She stated that her grandmother grew up on a tobacco farm in
Henderson in 1901, so it is kind of coming back to her roots. She stated while in
Mecklenburg County she served on the Stewardship Advisory Council. She stated that she
has spoken with regulators on the Hill about concerns for corporate issues. She stated that
she supports Bob Brauer, as he is pragmatic, and interested in awareness and education.
She stated that having someone that is so grounded and intelligent, and understands the
issues, while listening to people is really essential. She stated that it would be a mistake to
see Brauer go.
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Bob Brauer of 1 Bobwhite Road, Roxboro expressed thanks to all that came to
show their support for the Person County Environmental Committee and their support for
shared environment in Person County. He thanked Nancy McCormick for her leadership
and support as the appointed liaison for the committee. He stated that he would like to
make a recommendation to the Commissioners, which would apply to all county
committees. He stated that if the Board has a rule which is so important that violation of
that rule would be grounds for dismissing a committee member or not reappointing them,
then it should be documented. He stated that rule should be reviewed and approved by the
County Attorney and then approved by the BOC. He stated that similar rules exist today in
the Ethical Responsibilities document, which is dated January 2012, and it may be time
for an update.
Holly Forester-Miller of 45 Point Sunset Trl, Roxboro stated that she is a new
member of the Environmental Issues Advisory Committee and represents the Holloway
township. She stated that she applied to be on the committee because of Bob Brauer’s
leadership. She stated that talking to Brauer about the environment gets you energized and
excited. She stated that Brauer is highly knowledgeable about environmental issues and
really cares for Person County and its environment. She stated that Brauer is a great
leader and makes a great contribution to the committee. She stated that the articles that
Brauer writes are informative and educate the public. She stated that Brauer coordinates
the litter sweeps. She stated to not reappoint Brauer would be a travesty, and that different
points of view should not be a reason for not reappointing someone. She stated as an
advisory committee, she would hope that the Board would want people who have differing
points of view, so they could give advice, so that the Board could have the full picture
before making decisions on things.
Amanda Wallace of Durham stated that she is the founder of Operation Stop CPS,
a Durham-based organization. She stated that she is here today to continue to raise
awareness for Kemari Morgan, a one-year-old child who died in the custody of Person
County. She stated that NC is governed by the state and then they pass down jurisdiction
to the counties to implement their child welfare policies. She stated that this Board, chose
to take control of social services, therefore they are the governing board. She stated that
there seems to be a practice in Person County to place children in unlicensed foster homes.
She stated that policy says that children should be in licensed foster homes. She stated that
there was a motion filed on February 4, 2025, with one-year-old, Kemari Morgan as the
child. She stated that the motion states for the court to approve the current placement with
Latisha Linzsey as an unlicensed home for this child.
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Wallace stated that it further stated that Morgan had been placed in the home since
August 1, 2024, and that Linzsey’s foster care license had lapsed, and that Person County
Department of Social Services asks the court to approve Linzsey as an unlicensed home.
She stated that court records show that Morgan’s mother and her attorney were not present
for this hearing. She asked who is responsible for this child’s death.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Royster and carried 5-0 to approve the
Consent Agenda with the following items:
A. June 6, 2025 Minutes
B. June 16, 2025 Minutes
C. Budget Amendment #1
D. Budget Amendment #2
E. Chamber of Commerce Asbestos Abatement Reimbursement
F. Home and Community Care Block Grant Funding
G. Grant Agreement for Access Road Rehabilitation
H. Person County Schools’ Request for Lottery Project Application Approvals from
the Public-School Building Repair & Renovation Fund
I. Tax Adjustments for June 2025
1. Tax Releases
2. NC Vehicle Tax System Pending Refunds
J. Person County Public Library – North Carolina Room Dedication
NEW BUSINESS:
ADVISORY BOARDS AND COMMITTEES
County Manager Katherine Cathey stated that there has been discussions and a
desire by the Board in considering changes to certain advisory boards and committees, as
follows:
Economic Development Commission (EDC) – Amend the organizational
structure to provide for the Economic Development Director to report to the EDC
Human Services Advisory Committee – Create a new committee
UDO Steering Committee – Dissolve this committee as the task for which it was
created has been completed
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Cathey provided the following information in reference to the EDC:
The Person County EDC was established on Feb. 16, 1981 as a non-profit that
functioned as an autonomous body responsible directly to the Person County
Board of Commissioners. In April 1984, Economic Development was established
as a county department.
The structure of the EDC was changed from a non-profit to a Public
Authority within the meaning of State Law, Chapter 159.
For a period of time (unknown), the EDC had the authority to “hire and fix the
compensation of any personnel necessary to its operations… The Executive
Director [functioned] directly under the overall supervision of the Commission
Chairperson.”
Going back to at least September 20, 2012, the EDC has had the authority to
“recommend the employment of an Economic Development Director, who shall
be the Director of the Commission, and other staff as may be required.”
The Economic Development is a county department with the mission “to create a
new rural model where family and tradition are valued, willingness to work hard
can lead to success, and community leaders embrace change and provide the best
possible opportunities for all residents.” The department has three full-time
employees and is responsible for a FY26 departmental budget of $457,507 and
Economic Catalyst Fund budget of $1,700,079. The Economic Development
Director (job description attached) reports to the County Manager.
The Economic Development Action Plan is attached along with an action plan
update that was shared with the EDC in January 2025.
Cathey stated that the County is researching the budget authority that the EDC has
to determine if the way the County budget is structured and the way that the funds have
been appropriated are in alignment with the General Statute that would allow for a change
in reporting authority for the staff within that department. She stated that she is working
with the County Attorney and the legal staff with the School of Government. She stated
that there is a little more information needed regarding the budgetary authority before
moving forward with making this change, to ensure that the change is made and all
provisions of the law are being followed in terms of General Statute 158, conveying this
particular authority to the Economic Development Commission. She stated this would be a
big change, in terms of the way the communication flows, the level of responsibility that is
being provided for oversight of the department and the staff. She stated that she
encourages discussion amongst the Board.
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Commissioner Wilborn stated that on page 164 of the agenda packet, the job
description under the summary objective, the first sentence says that “The purpose of the
position is to perform promotional and consultive work in developing and directing a
comprehensive economic development program for Person County”. She stated that she
thinks that, “under the direction of the EDC” needs to be added. She stated that under the
essential functions section where it says “Management may assign additional functions”,
she thinks it needs to be clarified that the Commission is the management there. She stated
that on page 165, the third bullet says “Prepares the departmental budget
recommendations, and establishes yearly goals and objectives.” She stated that she thinks
that “with input from the Commission” needs to be added. She stated that on page 166, the
qualifications under special certifications and licenses, she thinks that “CED, NCCED or
advanced degree and training in a related field is preferred” be added. She stated that on
page 174, the Org Chart has Economic Development under the County Manager, and she
thought the whole action the Board was taking is to move that under the Board of
Commissioners. She stated that on page 176, Article 2, Section 1, states “Receive from
any municipal, county, joint or regional planning board or commission with jurisdiction
within its area an economic development program for part or all of the area” She stated
that she thinks that “county” should be stricken there because there is only one county in
their jurisdiction and they would not be receiving a program for that, they would be
creating or guiding the program for that. She stated that on page 177, under membership,
she would like the Board to consider making a change through a resolution amending the
EDC for a change in membership where it has under section 2B- instead of Elected Mayor
or alternate elected official of the Roxboro City Council. She stated that she would like to
add as appointed by the Board of Commissioners each January. She stated the reasoning
behind her suggestion is that the Mayor has no voting authority on the City Council and
does not participate in discussion related to action. She stated that she thinks it would be
more favorable to have a City Council Member on that board, who actually votes. It was
the consensus of the Board to bring this item back before the Board at the next meeting,
after the County Manager is able to provide more information.
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Cathey provided the following information in reference to the Human Services
Advisory Committee:
There is no corresponding legal requirement to create a social services advisory
committee when the board of commissioners assumes the powers and duties of a
board of social services.
The Board of Commissioners could appoint a separate advisory committee for
social services or for other human services functions consolidated within the
CHSA (G.S.153A-77(a), but it is not required by law to do so.
An advisory committee is only statutorily required when the Board of
Commissioners becomes the board of health (either for a nonconsolidated county
health department or a CHSA that includes public health).
Cathey stated that there is no statutory requirement in establishing a committee.
She stated that the Board would be comprised of citizens that the Board would appoint.
It was the consensus of the Board to move forward with creating a five -member
board and to bring this item back before the Board at the next meeting, allowing staff to
provide more information.
Cathey provided the following information in reference to the UDO Steering
Committee:
Cathey stated that confirmation was needed from the Board that the UDO Steering
Committee was no longer needed and could be removed from the list of committees.
A motion was made by Commissioner Wilborn and carried 5-0 to dissolve the
UDO Steering Committee.
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TAX COLLECTOR SETTLEMENT
Tax Administrator Russell Jones presented the following:
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Commissioner Wilborn commended Jones and the Tax Department.
A motion was made by Commissioner Wilborn and carried 5-0 to accept the
settlement report.
ORDER TO COLLECT TAXES
Tax Administrator Russell Jones asked the Board to approve the order to collect
taxes for 2025 and delinquent taxes from prior years.
A motion was made by Commissioner Wilborn and carried 5-0 to direct the Tax
Collector to collect taxes for 2025 and delinquent taxes from prior years.
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REAPPOINTMENT OF COUNTY TAX ASSESSOR
A motion was made by Commissioner Long and carried 5-0 to reappoint Russell
Jones to a four-year term as Person County Tax Assessor.
Chairman Puryear administered the Oath to Russell Jones.
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P8 STIP PROJECT SUBMITTALS
County Manager Katherine Cathey stated that work has begun with NCDOT as
well as the RPO, which is the Kerr-Tar Regional Council of Government, to generate a list
of local priorities for submittal for prioritization to be considered for funding as part of the
upcoming State Transportation Improvement Plan (STIP). She stated that Person County
currently has project U-5969 working its way through the funding steps. She stated that
this project calls for improvements to Madison Blvd/501 within Roxboro city limits to
convert five lanes to four lanes with a planted median and a number of intersection
improvements. She stated that the project starts just south of US 158 near Walmart and
extends to North Main Street and has been divided into three segments. She stated that
Segment B, which is from NC 157 to W Morehead St, is funded. She stated that the Right
of Way is scheduled for 2029 and construction is scheduled for 2031. She stated that no
further requests are needed for this project to continue. She stated that Segment A, which
is from Walmart near US 158 to NC 157 will compete for funding, but does not need to be
resubmitted as Preliminary Engineering was funded in the current STIP. She stated that
this project will continue moving through the funding steps. She stated that Segment C,
which is from W Morehead St to N Main St is unfunded, but will compete in this next
round of prioritization as a sibling to the other segments. She stated that it does not need to
be resubmitted, and will continue moving through the funding steps. She stated that there
is also AV-5818 to extend the runway at the airport. She stated that project is funded with
construction scheduled in 2026, and no further action is needed for this project to
continue. She stated that within Aviation, the extension project is at the top of the list, and
this would be a confirmation of the Board’s continuing support for that project. She stated
that the County has also allocated local funding towards a new terminal building at the
airport. She stated that project has evolved over the last year. She stated that also within
Aviation is box hangars.
She provided the following categorized and locally ranked listing of projects that have
been previously submitted:
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Aviation:
1- Airport runway extension 7,000-ft., taxiway extension, realign SR 1311 (Cates Mill Rd.)
2- Expand existing terminal building from 2,000 SF-5,000 SF, parking lot, water line
3 -Box hangar and taxi lanes
Bike-Ped:
1- Durham-to-Roxboro Trail (Long Version)
2- Durham-to-Roxboro Trail (Short version)
3 -Roxboro Trail (Rox Tracks Rock)
4 -Roxboro Trail (Rox Tracks Short)
Highway:
1- US 501 from US 158 to N. Main St. (4-lane divided, intersections, sidewalks)
Section A ROW & utilities scheduled for FY27; construction FY29
Section B Preliminary PE funding only; subject to reprioritization
Section C Preliminary PE funding only; subject to reprioritization
2- Continue 4-laning 501 from Polywood north
3- 4-lane 158 from Granville County to Caswell County (Caswell side lower priority)
Transit:
1 -1 expansion vehicle for PATS—eligible for up to 90% funding with a 10% match from the County
Cathey stated that modernization of US 501 north of Roxboro and US 158 from
Granville County to Caswell County have not competed as well against other projects
submitted from neighboring jurisdictions. She stated that if the Board were to approve the
Resolution, it would be submitted to Kerr-Tar COG for consideration. She stated that there
will be a scoring process where the local projects will compete with other projects within
our region, and then certain projects will be moved forward to the state. Commissioner
Wilborn stated that she would like to see the list of priorities for highway flipped and have
four lanes of 158 from Granville to Caswell be presented as Person County’s priority. She
stated that would keep four-laning 501 from Polywood north as second priority. She stated
that she has talked to people at all different levels at DOT, including the person who is
Secretary now, and they have all said the traffic counts just do not support four-laning the
rest of that. She stated that would move the other project, converting five lanes to four
lanes for US-501 down to third position. Chairman Puryear stated in reference to
eliminating the center lane on 501/Madison Blvd, it would impact businesses, and it is
something that they need to look strongly at. He engaged in discussion and passed the
gavel to Vice-Chairman Thomas. He stated that he does not feel that project is a priority
and that it would be more of an inconvenience. Interim Planning Director Margaret Hauth
stated that this list is being coordinated with the City of Roxboro, and that all three
projects are within the City of Roxboro city limits, and that it represents the City’s
priority. Puryear stated that it may be the City’s priority, but it is not the County’s priority.
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Puryear stated by approving the Resolution, the Board is saying that they are in
agreement with that. He stated that he thinks that further discission is needed with the City
of Roxboro. Commissioner Long stated that he was in favor of moving priority three to
number one. Puryear recommended that the County Manager and all of the parties on the
County side get with the City of Roxboro and have a discussion in reference to the
priorities. It was the consensus of the Board to remove the US-501/Madison Blvd project
from the resolution, bump up the four-laning of 158 from Granville to Caswell as top
priority.
A motion was made by Commissioner Wilborn and carried 5-0 to adopt a
resolution stating the county’s ongoing support for AV-5818 and the removal of the US-
501/Madison Blvd project and making four-laning 158 top priority for Person County, and
to request funding for the projects.
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PUBLIC RECORDS REQUEST POLICY
Assistant County Manager Brian Hart presented the following:
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Commissioner Wilborn had questions about fees and the cost for producing
records, as well as the four-hour time frame. County Manager Katherine Cathey stated that
the four-hour time frame is an arbitrary number that the County used based on other
policies, and she does not think that there is a General Statute setting the number of hours
before being able to charge. County Attorney T.C. Morphis, Jr. stated that General Statute
talks about extensive use of IT or Clerical/Supervisory time. He stated that there has not
been a case thus far that defines that. He stated that if the Board wanted to see some
revisions, or to clarify the policy, he thinks there is some flexibility. Commissioner
Wilborn stated that if there is a request that takes county staff four hours or more to work
on them, that is pretty significant. Cathey stated that the County would not be factoring in
the amount of time that the employee spends on the request, as it does not fall within the
clerical or supervisory assistance category. She stated that this four-hour timeframe is
more if additional support is needed to fulfill that request beyond what the employee
themselves can do. Wilborn stated that the County can still track the time it takes in the
software for transparency and reporting reasons. Cathey stated that staff is utilizing
tracking on all requests. Commissioner Long asked what is the timeframe for responding
to requests. Cathey stated that the County policy stipulates that they would try to respond
within ten days, but many times it is within the hour, or within a day or two for the simpler
requests, and then those requests that are more complex will take longer than the ten days.
Wilborn asked when would requests be made public. Hart advised staff is working on that
and would need to manually go through each request before making public to ensure no
redaction is needed. Cathey stated that staff would look at the four-hour timeframe and the
revision of the wording. Wilborn requested that the Board be provided with quarterly
reports of public records request that show the requester name, date, and what the request
is for, as she finds this helpful.
It was the consensus of the Board for staff to provide the Board with quarterly
reports of public records request that show the requester name, date, and what the request
was for.
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APPOINTMENTS TO BOARDS AND COMMITTEES
Clerk to the Board Michele Solomon presented to the Board interested citizen
applications for consideration for appointment to boards and committees and requested the
Board to nominate for appointment as deemed appropriate.
Environmental Issues Advisory Committee
3-Year Term: 1 position for a citizen residing in each of the following townships:
Allensville Township, Olive Hill Township, and the Woodsdale Township
1) Robert Brauer requests reappointment for the Allensville Township, his term
expires 6/30/25
Chairman Puryear advised Vice-Chairman Thomas that at the last meeting on June
16, 2025, there was a motion made by Commissioner Royster that was suspended as it was
a 2-2 vote.
A motion was made by Commissioner Thomas and carried 3-2 to reappoint Bob
Brauer to the Environmental Issues Advisory Committee, representing the Allensville
township, for a 3-year term.
Opioid Settlement Advisory Committee
1 position available for a Citizen-at large with lived experience (personal or family
member)
1) Shane Amos requests appointment
2) Brittany Chavis requests appointment
3) Stephanie Tippett requests appointment
A motion was made by Commissioner Wilborn and carried 5-0 to appoint
Stephanie Tippett to the Opioid Settlement Advisory Committee.
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DESIGNATION OF VOTING DELEGATE TO THE NC ASSOCIATION OF
COUNTY COMMISSIONERS ANNUAL CONFERENCE
Clerk to the Board Michele Solomon stated that the NC Association of County
Commissioners Annual Conference will take place August 21-23, 2025 in Pitt County,
with the business meeting taking place on August 23, 2025 at 2:00 p.m. She stated that we
need a voting delegate to represent Person County. She stated that she is requesting the
Board to designate Commissioner Wilborn, who is attending the conference.
A motion was made by Commissioner Royster and carried 5-0 to designate
Commissioner Wilborn as Person County’s voting delegate to the NC Association of
County Commissioners Annual Conference.
CHAIRMAN’S REPORT
Chairman Puryear expressed thanks to everyone that assisted with the flooding
event. He thanked Representative Jeffers for his assistance with the Governor declaring a
State of Emergency for Person County. He stated that Person County will continue to
recover from the flood event. He stated that he and Commissioner Royster attended an
unveiling of a new fire truck at Hurdle Mills Volunteer Fire Department.
MANAGER’S REPORT
County Manager Katherine Cathey reiterated what Puryear stated in reference to
the flooding event. She stated that there is a tool on the County website for citizens to
report storm/flood-related damages. She congratulated Russell Jones on his reappointment
as Tax Assessor and expressed thanks to Jones and his staff on the tax collection efforts
and the revaluation process. She stated that there would be a ribbon-cutting event at the
Sportsplex on Thursday at 5:30 p.m. for the upgraded nature trial.
COMMISSIONER REPORTS/COMMENTS
Vice-Chairman Thomas echoed Puryear and Cathey in reference to the flooding
that occurred and thanked Puryear for his quick action in issuing a State of Emergency for
Person County. He expressed thanks to the first responders for their assistance and help
during the storm.
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Commissioner Wilborn echoed what has been said in reference to the flooding
event. She stated that she met the Dean of the College of Agricultural and Life Sciences of
NC State this morning at a reception that was being held. She stated that Rep. Jeffers was
in attendance, and commended Puryear on his quick actions in declaring a State of
Emergency for Person County. She encouraged all citizens and business owners to report
any damages that they sustained during the flood. She also indicated for all emergency
personnel to document hours spent assisting, to include cutting/removal of trees and
debris. She stated that she attended the Airport meeting, where it was discussed that the
Environmental Assessment continues for the runway expansion. She stated that she
attended the EDC meeting and they are continuing to plan the leadership summit for
October. She stated that she attended the Planning Board meeting. She stated that she
attended the ribbon-cutting at Huck Sansbury.
Commissioner Royster echoed what has been said by all in reference to the
flooding event. She stated that she and Puryear attended the unveiling of a new fire truck
at Hurdle Mills Volunteer Fire Department. She stated that she attended the ribbon-cutting
at Huck Sansbury for the new ADA playground. She stated that she toured Centennial
Park with John Hill. She stated that she volunteered at the food distribution at South
Elementary School, where local families received food from local farmers.
Commissioner Long expressed thanks to Puryear and Rep. Jeffers in reference to
the State of Emergency declaration. He stated that the Inspections department has been
talked about negatively on social media in reference to permit fees for lake properties. He
stated that the County may want to consider waiving permit fees related to storm/flood
damage for lake properties.
A motion was made by Commissioner Long and carried 5-0 to enter into Closed
Session at 11:23 a.m.
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CLOSED SESSION
A motion to enter into Closed Session per General Statute 143-318.11(a)(3) for the
purpose to consult with the county attorney in order to preserve the attorney-client
privilege and General Statute 143-318.11(a)(1) to prevent the disclosure of information
that is privileged or confidential with the following individuals permitted to attend:
County Manager Katherine Cathey, Clerk to the Board Michele Solomon, Assistant
County Manager/Human Services Director Brian Hart, and County Attorney T.C.
Morphis, Jr.
CLOSED SESSION
A motion to enter into Closed Session #2 per G.S. 143-318.11(a)(3) to preserve the
attorney-client privilege to discuss Person County v. Yarboro, Person 25 CVS 290, and
Burrell v. Person County, USDC NCMD 1:25-cv-376, and other matters, with the
following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the
Board Michele Solomon, and County Attorney T.C. Morphis, Jr.
Chairman Puryear called the closed sessions to order at 11:28 a.m.
A motion was made by Commissioner Long and carried 5-0 to return to open
session at 11:55 a.m.
ADJOURNMENT
A motion was made by Commissioner Wilborn and carried 5-0 to adjourn the
meeting at 11:56 a.m.
____________________________ ______________________________
Michele Solomon Kyle Puryear
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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AGENDA ABSTRACT
Meeting Date:
August 4, 2025
Agenda Title:
Public Records Request Policy Amendment
Summary of Information:
The Public Records Request Policy, originally adopted on February 5, 2024 and amended on
September 16, 2024, has been updated in the section regarding “Special Service Charge for
Producing Records” to reflect that the charge may be applied when the request or a group of
requests requires more than four (4) hours of an IT Department employee’s time or clerical or
supervisory assistance (or a combination of the two).
Financial Impact:
None
Recommended Action:
Approve the amended Public Records Request Policy.
Submitted By:
Brian Hart, Assistant County Manager/Human Services Director
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PERSON COUNTY GOVERNMENT
PUBLIC RECORDS REQUEST POLICY
Revised August 4, 2025
BE IT RESOLVED by the Board of County Commissioners for Person County that the following
policy and process applies to the receipt, review and processing of public records requests
submitted to Person County Government.
Table of Contents
I. Purpose
II. Public Records
III. Responsibility for Records
IV. Retention and Disposition of Public Records
V. Records Request
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PUBLIC RECORDS REQUESTS POLICY
I. PURPOSE
The purpose of this policy is to aid in determining what is a public record, protocol for updates and
responses for requestors, general protocol for determining which departments need to respond, and
protocol for how the County Manager’s Office, County Attorney, and other relevant staff are to be used in
responding to public records requests, among other items listed below. It is the policy of Person County
Government to comply with all requests for public records in accordance with the law. Public records are
the property of the people.
II. PUBLIC RECORDS
1. Public Records Defined
North Carolina General Statute (NCGS) 132-1(a) defines public records as “all documents, papers, letters,
maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing
records, artifacts, or other documentary material, regardless of physical form or characteristics, made or
received pursuant to law or ordinance in connection with the transaction of public business by any agency
of North Carolina government or its subdivisions. Agency of North Carolina government or its
subdivisions shall mean and include every public office, public officer or official (State or local, elected
or appointed), institution, board, commission, bureau, council, department, authority or other unit of
government of the State or of any county, unit, special district or other political subdivision of
government.”
According to NCGS 132-6.2(e), “Nothing in this section shall be construed to require a public agency to
respond to a request for a copy of a public record by creating or compiling a record that does not exist.”
Requestors should be aware that the Public Records Policy does not require the County to do research,
analyze data, or answer written questions. Public records requests shall not replace administrative
processes for land due diligence review, such as zoning verification letters and environmental site
assessments.
2. Protected Records
All records maintained by Person County Government are public unless they are exempt from disclosure
under North Carolina Public Records Law. If a records request is denied, the County will cite the
appropriate law that prohibits the disclosure.
Exempted records include, but are not limited to:
- Some confidential communications from the attorney to the client within the scope of the
attorney-client relationship and as set forth in NCGS 132-1.1(a).
- Criminal investigation records and records of criminal intelligence information, as provided in
NCGS 132-1.4 (active and closed investigations).
- Sensitive public security information, including specific details of public security plans and
arrangements, detailed plans and drawings of public buildings and infrastructure facilities, and
certain plans to prevent and respond to terrorist activity, as provided in NCGS 132-1.7, and
technology security information, as provided in NCGS 132-6.1.
- Records of minors per NCGS 132-1.4, 132-1.12, and 7B-2901.
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-All information contained in County employees’ personnel files maintained by the County is
confidential in accordance with NCGS 153A-98, except information deemed by NCGS 153A-
98(b) to be a matter of public record. These rules apply to personnel information for applicants,
current employees, and former employees.
-Tax information pertaining to a taxpayer’s income or gross receipts may not be disclosed, as
provided in NCGS 132-1.1(b).
-Social security numbers and other personal identifying information is confidential and unlawful
to disclose to the public. In addition to social security numbers, “personal identifying
information” includes: employer taxpayer identification numbers; drivers’ license numbers, state
identification card numbers, and passport numbers; checking, savings, credit, and debit account
numbers; personal identification code (PIN) numbers used to access financial resources; digital
signatures; any other numbers or information that can be used to access a person’s financial
resources; biometric data; fingerprints; and passwords, all as provided in NCGS 132-1.10, NCGS
75-61, and NCGS 14-113.20.
-Certain information collected by soil and water conservation districts from farm owners, animal
owners, agricultural producers or owners of agricultural land that is confidential under federal or
state law as set forth in NCGS 139-8.2.
-Trade secrets and electronic payment account numbers are protected as set forth in NCGS 132-
1.2. (Note that to protect a “trade secret” detailed requirements must be met.)
-The seal of an architect, engineer, or land surveyor when that seal has been submitted for project
approval under Part 5 of Article 19, Chapter 160A (Building Inspections) as set forth in NCGS
132-1.2.
-Certain “trial preparation materials” are protected as provided in NCGS 132-1.9. If records are
created for or at the request of an attorney for the County when the County is engaged in
litigation or litigation is anticipated, these records are likely protected “trial preparation
materials.” The County Attorney should be consulted if there is a request for such records.
-Names and addresses of complaining witnesses to crimes must be temporarily withheld if release
of the information is reasonably likely to pose certain threats to the witnesses or materially
compromise the investigation, as provided in NCGS 132-1.4.
-Certain economic development incentives and public records relating to the proposed expansion
or location of specific business or industrial projects are temporarily protected, but the County
must make certain prior disclosures to applicants, as provided in NCGS 132-1.11 and NCGS 132-
6(d).
-Closed session meeting minutes that are deemed protected under NCGS 143-318.10(e).
-Public enterprise billing information, as provided in NCGS 132-1.1(c).
-Records protected by copyright. The County must permit inspection of records protected by
copyright, but cannot make copies of copyrighted records, pursuant to 17 U.S.C.§ 106(1).
III.RESPONSIBLITY FOR RECORDS
The County department that is the custodian of the requested record will be assigned the public
information request. Each County department will have a departmental liaison who assists with gathering
information, preparing responses, and communicating with management, IT, the County Attorney and
requestors, as needed. The County Attorney will be involved in requests where they are the custodian of
the records or where legal determinations need to be made.
Person County employees who assist in providing information to public records requests will be required
to complete formal training in public information request protocol and public records law.
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IV. RETENTION AND DISPOSITION OF PUBLIC RECORDS
North Carolina’s Public Records law requires that public records in all formats be managed in a manner
that protects their integrity and allows public inspection and copying. Except for public records that are
retained in office permanently, such as the minutes of the Board of Commissioners, the County may
destroy public records, both physical and digital, after the records are retained for the correct time periods
in the records retention schedules published by the North Carolina Department of Natural and Cultural
Resources and approved by the Person County Board of Commissioners.
V. RECORDS REQUESTS
1. Responding to a Public Records Request
According to NCGS 132-6(a), “Every custodian of public records shall permit any record in the
custodian’s custody to be inspected and examined at reasonable times and under reasonable supervision
by any person, and shall, as promptly as possible, furnish copies thereof upon payment of any fees as may
be prescribed by law.”
A public records request can be placed with any County employee or department; however, for the best
accountability and turnaround time, the County recommends submitting a public records request using the
Person County, NC Public Records Request Portal at https://personcountync.nextrequest.com. Please
describe the information you are seeking, including as much detail as possible and the format in which
you would like to receive copies of records.
The County will work on a timely, thorough, and transparent response to all records requests. In
accordance with NCGS 132-6.2(d), however, County staff are not required “to respond to requests for
copies of public records outside of its usual business hours”. The requestor will, however, receive an
email response acknowledging the request within two business days that informs the requestor of next
steps and advises them to take into account the volume of records requested. If additional information is
required before beginning to process the request, the requestor will be contacted via email. Additionally,
within ten (10) business days of receipt of the initial records request, the County will respond by:
- providing copies of the records in digital or physical format, or providing access to the records;
- if there are no responsive records, providing a written statement that a search was made, no
responsive records were located, and/or providing the requestor with additional information or
resources for how information related to their request may be obtained;
- if the responsive records are exempt from the Public Records law, either denying access to the
entire records or providing the records with the exempt information redacted;
- informing the requestor that more time is needed and providing an estimated deadline for the
response; or
- if records are exempt, the County will provide the legal justification for denial of access to the
records.
If the County makes a follow-up inquiry to clarify the scope of the request and no response is provided
within ten (10) business days, the County will proceed to provide the records that are clearly within the
scope of the request. Failure to respond to a follow-up inquiry may result in a delay in the provision of
records or in an incomplete response being provided by the County.
2. Responding to Requests for Emails and Other Digital Communications
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Upon receipt of a public records request for emails, the County will work with the requestor and IT
Department to determine the appropriate search keywords and date range for a search of the County’s
email and documents archive. County employees will review identified emails and other requested
documents. As with other records that are exempt from disclosure under state or federal laws, County
staff may consult with the County Attorney regarding denying access to protected emails and other
documents. When necessary, the County will request communications or documents from Commissioners
or other members of appointed boards that may not be maintained in the County’s technology systems for
appropriate requests.
3. Redacting Protected Information
If the content of a record is partially public and responsive to the request and partially exempt, the exempt
portion of the content will be redacted. Redaction is “the process of masking or removing sensitive
information in a document before releasing it for public use” (ARMA International, Glossary of Records
Management and Information Governance Terms, 5th ed., 2016).
4. Special Service Charge for Producing Records
In most cases, public records are easily retrievable and provided electronically via email at no cost to the
County or requestor. Pursuant to NCGS 132-6.2(b), a special service charge can be applied “Public The
special service charge “shall be reasonable and shall be based on the actual cost incurred for such
extensive use of information technology resources or the labor costs of the personnel providing the
services, or for a greater use of information technology resources that is actually incurred by the agency
or attributable to the agency” (NCGS 132-6.2(b)).
The special service charge will be applied when searching, retrieving, copying, and refiling records for a
public records request or a group of requests submitted by a single requestor the same business day
requires more than four (4) hours of an Information Technology Department employee’s time or more
than four (4) hours of clerical or supervisory assistance (or more than four (4) hours of a combination of
the two types of assistance). The requestor will not be charged for time spent redacting confidential
information. The special service charge will be the hourly rate in accordance with the lowest paid
employee who would be conducting the work.
Copies of paper plan sets or oversized materials not stored electronically, may also incur a special service
charge.
The County will provide the requestor with a written estimate and extend the option of the requestor to
pay the charge or be granted the opportunity to narrow the scope of the request to reduce or avoid the
service charge. The requestor is required to pay the County Finance Department in advance of fulfillment
of the request. If the time taken exceeds the estimate, an additional payment will be required. Unused
portions of the deposited funds will be refunded. Payment can be made in-person or by check made
payable to “Person County Government” mailed to:
Person County Government
Finance Department
304 South Morgan Street
Roxboro, North Carolina 27573
If the requestor wishes to dispute the special service charge, they may ask the County Manager to reduce
or waive the fee, which the County Manager may do as they deem reasonable and/or appropriate.
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5. Disputing a Records Request and Appeals Process
If a requestor has a concern or complaint regarding the initial response sent, the County asks that the
requestor first contact the County Manager’s Office to file a complaint within ten (10) business days of
receiving the response to the public records request. The first appeal will be submitted to the Assistant
County Manager or their designee, who will review the records request, the information provided, and the
dispute, and make a determination based on the appeal request. If further actions are requested beyond the
first step, the appeal can be presented to the County Manager or their designee for review and
determination.
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AGENDA ABSTRACT
Meeting Date:
August 4, 2025
Agenda Title:
Contract for School Nursing Services between Person County and Person County Schools
Summary of Information:
Since 2011 due to NCHB200 SL 2011-145 Section 10.22(a), the Person County Health
Department (PCHD) has received funds designated for three school nurse positions. Since that
time, the county has entered into a contract with Person County Schools (PCS) each year to fund
three school nurse positions. PCHD receives monthly invoices from PCS, which allows PCHD
to access the State funds and in turn reimburse PCS for the expenses. The maximum allowed
expenses are $150,000. Additionally, there are accountability deliverables that must be
submitted by PCS to both PCHD and the North Carolina Division of Public Health. These
deliverables are set forth in the contract and in the “Division of Public Health Agreement
Addendum 803”.
Financial Impact:
State funding is provided to Person County Health Department for distribution for services.
No local funds are requested. Amount is included in Person County Health Department’s
budget.
Recommended Action:
Approve the Contract for School Nursing Services between Person County and Person County
Schools.
Submitted By:
Janet Clayton, Health Director
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Contract for School Nursing Services
This contract for school nursing services (“Contract”) is made and entered into this 23rd day of
June, 2025, between Person County, a political subdivision of the State of North Carolina, by
and through the Person County Health Department (“County” or “Department”) and the Person
County Board of Education (“Board”), which operates the Person County Schools (“PCS” or
“District”).
WHEREAS both parties agree that the purpose of providing school nursing services is to
promote the health, well-being and readiness to learn of all students in the District;
WHEREAS both parties agree that the School Nurse Funding Initiative (“SNFI”) enacted by
North Carolina General Statute Section 130A-4.3 is to improve the school nurse to student ratio
in the District; and
WHEREAS both parties agree to continue providing services as specified in the 2025-2026
Memorandum of Agreement between the Person County Health Department and the Person
County Schools (“MOA”);
NOW, THEREFORE, in consideration of the mutual promises set forth in the Contract, the
parties do mutually agree as follows:
1. Obligations of Department.
1.1 The Department agrees to provide funds not to exceed one hundred fifty thousand
dollars and zero cents ($150,000.00) to the District to provide three (3) school
nurses to provide school nursing services for a period of ten (10) months during
the 2025-2026 school year. The funds will be used only for salaries, benefits and
continuing education costs, as outlined in the projected budget, attached to this
Contract as Exhibit A.
1.2 The Department agrees that the District shall have the right to select the school
nurses for employment whose positions are funded pursuant to this Contract and
to supervise and control the activities of each school nurse whose position is
funded pursuant to this Contract.
2. Obligations of District.
2.1 The District agrees to utilize the projected budget, attached to this Contract as
Exhibit A, for salaries, benefits and continuing education costs for three (3) full-
time school nurse positions. The District agrees that each school nurse whose
position is funded according to this budget will be employed to provide school
nursing services for a period of ten (10) months during the 2025-2026 school year
and that each nurse is a nationally certified school nurse or is a registered nurse
working towards national certification.
2.2 The District agrees that the funds provided by the Department pursuant to this
Contract will not be used to supplant existing federal, state, or local funds
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supporting school nurse positions and that it will maintain its current level of
effort and funding for school nurses. The District agrees that if salaries and
benefits for the 3 positions funded pursuant to this Contract exceed the $150,000
allocation, local funds will be used.
2.3 The District agrees that each school nurse funded pursuant to this Contract is a
nationally certified school nurse who will maintain current certification and/or
licensure as a nationally certified school nurse and as a registered nurse in good
standing with the North Carolina Board of Nursing or, alternatively, that the
school nurse is a registered nurse working towards national certification and who
will maintain licensure as a registered nurse in good standing with the North
Carolina Board of Nursing. The District further agrees that all school nursing
services provided pursuant under this Contract will be provided in a professional
and ethical manner and in accordance with standards established by the North
Carolina Nurse Practice Act, North Carolina Board of Nursing regulations, the
current edition of the North Carolina School Health Program Manual, and all
other applicable federal and state law, policies, rules and regulations.
2.4 The District agrees to provide adequate space, computer equipment and supplies
for the school nurse positions funded in accordance with this Contract at a level
comparable to the support provided to all school nurses employed by the District.
2.5 The District agrees that school nurses funded pursuant to this Contract shall not
assist in any instructional or administrative duties associated with the District’s
curriculum and shall perform all of the duties with respect to school health
programs specified in state law, including, but not limited to, the following:
a. Serve as coordinator of the health services program and provide nursing
care;
b. Provide health education to students, staff, and parents;
c. Identify health and safety concerns in the school environment and promote
a nurturing school environment;
d. Support healthy food services programs;
e. Promote healthy physical education, sports policies, and practices;
f. Provide health counseling, assess mental health needs, provide
interventions, and refer students to appropriate school staff or community
agencies;
g. Promote community involvement in assuring a healthy school and serve as
school liaison to a health advisory committee;
h. Provide health education and counseling and promote healthy activities
and a healthy environment for school staff; and
i. Be available to assist the county health department during a public health
emergency.
2.6 The District agrees that each school nurse funded pursuant to this Contract shall
submit to the Department
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a. a written work plan, no later than thirty (30) calendar days after the first
student day of school. The plan shall address delivery of basic health
services, including activities, strategies and goals, within, but not limited
to, the following areas:
1. Preventing and responding to communicable disease outbreaks;
2. Developing and implementing plans for emergency medical
assistance for students and staff;
3. Supervising specialized clinical services and associated health
teaching for students with chronic conditions and other special
health needs;
4. Administering, delegating where appropriate, and providing
oversight and evaluation of medication administration and
associated health teaching for other school staff who provide this
service;
5. Providing or arranging for routine health assessments, such as
vision, hearing, or dental screening, and follow-up of referrals; and
6. Assuring that state and federally mandated health related activities
are completed (e.g., Kindergarten Health Assessments,
Immunization Status Report, blood-borne pathogen control plan
(OSHA) requirements, etc.).
b. a mid-year review of progress toward achieving goals in the work plan, by
January 31, if hired at start of school year, or within ninety (90) days of
hire, if hired at a date different from start of school year.
c. using a report form provided by the Department, an annual report
addressing the overall progress toward meeting the work plan outcomes,
no later a week after the last student day of school, or prior to resignation
if nurse resigns prior to the end of the school year.
2.7 The District agrees to notify the Department within four (4) business days of any
vacancy (i.e., termination, resignation, and/or retirement) in any school nurse
position that is funded pursuant to this Contract. In the event of such vacancy, the
District agrees to submit to the Department, within fifteen (15) business days of
the vacancy, a recruitment plan for the vacant position. The District further
agrees to notify the Department, within four (4) business days after the official
hire date of the replacement school nurse for a vacant position. The District
agrees to make all reasonable efforts to ensure that the replacement school nurse
is a nationally certified school nurse or a registered nurse who is working towards
such certification. If the replacement school nurse is not nationally certified at the
time of hire, the District agrees to submit a certification plan to the Department
within fifteen (15) business days of the official hire date, including timelines for
achieving education and certification goals. The plan should be submitted to the
regional school nurse consultant within thirty (30) days of hire. Finally, the
District agrees that any replacement school nurse will be provided with paid time
and reimbursement of costs associated with attendance or participation in
continuing education, at the same level of cost reimbursement provided to other
professional school employees and will budget up to seven hundred fifty dollars
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and zero cents ($750.00) for participation in workshops or conferences, if funds
are available. Any replacement school nurse must participate in School Nursing:
Roles and Responsibilities, an Orientation Workshop, unless previously attended;
if funds are available and if the nurse has previously attended that workshop, the
District assures that the school nurse will be allowed to participate in a School
Nurse Certification review course, Pediatric Physical Assessment for School
Nurses Workshop, School Nurse Role in Emergency Care Workshop, and/or
Annual School Nurse Conference.
3. Term. The Contract will be in effect from the date it is executed or from July 1, 2025,
whichever is later, until June 30, 2026, unless sooner terminated as herein provided.
4. Termination. Either party may terminate the Contract at any time in its complete
discretion upon thirty (30) calendar days’ notice in writing to the other party prior to the date of
termination. Upon written notice of termination, all finished or unfinished documents and other
materials produced by either party pursuant to this Contract shall, at the request of the other
party, be turned over to the requesting party.
5. Terms and Methods of Payment. The District shall submit to the Department monthly
invoices that specify the number of nurses engaged and other allowable costs, including, but not
limited to, benefits and continuing education costs. The Department shall pay the District within
thirty (30) days of receipt of the invoice.
6. Contract Funding. It is understood and agreed between the Department and the District
that any District payment obligation under this Contract for any funds other than the funds
provided by the Department as indicated in Exhibit A is contingent upon the availability of
appropriated funds from which payment for Contract purposes can be made.
7. Records and Confidentiality of Student Information. The Department agrees that all
student records or information contained in student records that may be obtained or created by its
officers, employees, or agents under this Contract shall be subject to the confidentiality and
disclosure provisions of applicable federal and state statutes and regulations, and the Board’s
policies. The Department shall not forward to any party other than the parent or the Board any
student record or information obtained from a student record, including, but not limited to, the
student’s identity, without the written consent of the student’s parent. Upon termination of this
Contract, the Department shall turn over to the Board all student records or information about
students obtained by the Department while providing services under this Contract. The term
“student records” has the same definition under this Contract as the term “education records”
does in the Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. §1232g et seq.
8. Relationship of Parties. The Department and the District shall be Independent
Contractors and nothing herein shall be construed as creating a partnership or joint venture
between the parties; nor shall any employee of either party be construed as an employee, agent,
or principal of the other party.
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9. Assignment. The Department shall not assign, subcontract, or otherwise transfer any
interest in this Contract without the prior written approval of the Board.
10. Contract Modifications. This Contract may be amended only by written amendments
duly executed by and between the Department and the Board.
11. North Carolina law. North Carolina law will govern the interpretation and construction
of the Contract.
12. Order of Precedence. The parties do hereby agree that in the event of conflict between
the terms and conditions of this Contract and the terms and conditions in any agreement entered
into between the parties at the same time as or prior to this Contract, the terms and conditions of
this Contract shall prevail.
13. Entire Agreement. This Contract, including the budget used in connection herewith and
any other document(s) expressly incorporated by reference as a part of this Contract, constitutes
and expresses the entire agreement and understanding between the parties concerning the subject
matter of this Contract. This Contract supersedes all prior and contemporaneous discussions,
promises, representations, agreements and understandings relative to the subject matter of this
Contract. To the extent that there may be any conflict between the four corners of this Contract
and other documents incorporated by reference herein, the terms of this Contract will control.
14. Severability. If any provision of this Contract shall be declared invalid or unenforceable,
the remainder of the Contract shall continue in full force and effect.
[SIGNATURE BLOCK ON FOLLOWING PAGE]
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IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year
indicated below.
COUNTY OF PERSON
_____________________ _______________________________________
Date Janet Clayton, Health Director
Person County Health Department
_____________________ _______________________________________
Date Katherine Cathey
County Manager
_____________________ _______________________________________
Date Kyle Puryear
Chairperson, Person County Board of Commissioners
_____________________ _______________________________________
Date T. C. Morphis, Jr.
County Attorney
_____________________ _______________________________________
Date Michele Solomon
Clerk to the Board
PERSON COUNTY BOARD OF EDUCATION
_____________________ _______________________________________
Date Freda Tillman, Chairperson
Attest:
Rodney Peterson, Ed.D.
Superintendent/Secretary
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act and by the School Budget and Fiscal Control Act.
_____________________ ________________________________________
Date Tracy Clayton
Chief Financial Officer, Person County
_____________________ ________________________________________
Date Julie Masten
Assistant Superintendent of Finance, Person County Schools
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Exhibit A - Budget
I. SALARIES
Position Title Name * Annual
Salary
Type Position Amount
Paid by
District
Amount
Paid by
State
Contract
1. Nurse 1 Brooke Hawkins $41,000 □ 12-month
□ 11-month
x 10-month
$0
$41,000
2. Nurse 2 Casey Carver $48,440 □ 12-month
□ 11-month
x 10-month
$0 $48,440
3. Nurse 3 Ashley Hill $51,160 □ 12-month
□ 11-month
x 10-month
$1,160 $50,000
TOTAL SALARY PAID BY CONTRACT $1,160 $139,440
II. BENEFITS
Position
Title
Name * Type and Rate Amount
Paid by
District
Amount
Paid by
the State
Contract
1. Nurse 1 Brooke Hawkins Retirement Rate: 24.04% $856.40 $9,000
FICA Rate: 7.65% $3,136.50
Medical Amt: $8,500 $8,500
Other: Supplement Rate: 10% $4,100
2. Nurse 2 Casey Carver Retirement Rate: 24.04% $10,084.98 $1,560
FICA Rate: 7.65% $3,706
Medical Amt: $8,500 $8,500
Other: Supplement Rate: 10% $4,844
3. Nurse 3 Ashley Hill Retirement Rate: 24.04% $12,296.86
FICA Rate: 7.65% $3,913.74
Medical Amt: $8,500 $8,500
Other: Supplement Rate: 10% $5,160
TOTAL FRINGE PAID BY
CONTRACT $73,598.48 $10,560
*Benefit amounts may change due to longevity, etc. that the employee may be eligible for
during the school year.
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III. Other
STAFF TRAVEL 0.00
Conference
Registration
0.00
TRAINING PAID BY CONTRACT (If no funds available after covering
salary and fringe for these positions, leave at 0.00; if funds available,
amount is limited to a total of $750 per position.)
0.00
CONTRACT TOTAL AMOUNT $150,000
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