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10-06-2025 Agenda Packet BOC
PERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC 27573-5245 336-597-1720 Fax 336-599-1609 October 6, 2025 6:00 p.m. This meeting will convene in the Auditorium 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 A.Addition of Thomas Place to be added to the Database of Roadway Names for E-911 Dispatching (pgs.3-5).............................Sallie Vaughn B.Text Amendment TA-07-25, revised, for adoption of the amendments to the Solar Energy System Ordinance (pgs.6-86).......Margaret Hauth 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. 1 7.DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.September 15, 2025 Minutes (pgs.87-109) B.Budget Amendment #6 (pgs.110-111) C.Budget Amendment #7 (pgs.112-115) D.Person County Schools’ Request for Lottery Project Application Approvals from the Public-School Building Repair & Renovation Fund (pgs.116-117) E.Person County Museum of History FY26 Funding Agreement (pgs.118-125) F.Person County Health Department Fee Request (pgs.126-127) G.Resolution Amending the 2025 Schedule of Regular Meetings for the Person County Board of Commissioners (pgs.128-130) H.Resolution Appointing Review Officers (pgs.131-132) I.FY26 ROAP Distribution Authorization (pgs.133-135) 8.NEW BUSINESS A.Veterans Council First Responder Memorial (pgs.136-140)....................Brian Hart 9.CHAIRMAN’S REPORT 10.MANAGER’S REPORT 11.COMMISSIONERS’ REPORTS/COMMENTS 12. CLOSED SESSION A.Closed Session #1 per General Statute 143-318.11(a)(3) for the purpose to consult with the county attorney in order to preserve the attorney-client privilege with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, and County Attorney T.C. Morphis, Jr. B. Closed Session #2 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 to discuss matters related to the lawsuit Person County v. Yarboro with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, and County Attorney T.C. Morphis, Jr. Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 2 AGENDA ABSTRACT Meeting Date: October 6, 2025 Agenda Title: Addition of Thomas Place, a Private Roadway, to be added to the Database of Roadway Names for E-911 Dispatching Summary of Information: The owners of a previously unused singlewide have decided to reconnect power and begin using the home. The driveway to this home will then serve four houses which invokes the “Ordinance Regulating Addresses and Road Naming in Person County” and requires that the driveway be named. Four existing dwellings are located along a private driveway, two of which were previously unaddressed. The owner of one of the unaddressed dwellings approached the County about bringing their home into compliance with North Carolina building code and occupying the dwelling. Therefore, an address is required for the home which will be the third address on the driveway. In accordance with Article IV, Section 402 H of the “Ordinance Regulating Addresses and Road Naming in Person County,” any driveway serving three or more addressable structures must be named. Addresses for two existing homes will change and property owners and residents have been informed of that requirement. Addresses will also be provided for the two previously unaddressed homes. North Carolina General Statute 153A-239.1(A) requires a public hearing be held on the matter and public notice be provided at least 10 days prior in the newspaper. The required public notice was published in the September 25th edition of the Roxboro Courier-Times. A sign advertising the public hearing was also placed at the proposed roadway location. Thomas Place was chosen by the property owners, which is compliant with all naming regulations in the Ordinance. 3 Financial Impact: None Recommended Action: Conduct the Public Hearing and approve the recommended roadway name. Submitted By: Sallie Vaughn, GIS Director 4 The Person County Board of County Commissioners will hold a public hearing at 6pm on October 6, 2025 in the auditorium of the Person County Office Building at 304 S Morgan St, Roxboro, North Carolina to hear the following: Request by the Person County Address Coordinator to add Thomas Pl to the database of roadway names used for E-911 dispatching. The proposed private roadway will be located off Neals Store Rd in Holloway Township. Article IV, Section 402 H of the Ordinance Regulating Address and Road Naming in Person County requires any private roadway serving three or more homes to be officially named. Citizens will have an opportunity to speak regarding the above request. Specific information about the request can be obtained from the Person County GIS Department, 325 S Morgan St, Suite D. Sallie Vaughn GIS Director Please bill to: Person County GIS 325 S Morgan St, Ste D Roxboro, NC 27573 336-597-7431 5 AGENDA ABSTRACT Meeting Date: October 6, 2025 Agenda Title: Text Amendment TA-07-25, revised, for adoption of the amendments to the Solar Energy System Ordinance Summary of Information: The proposed text amendment requests the adoption of amendments to the Solar Energy System Ordinance. This request revises the proposal considered in May by requiring the Type 4 system to only be allowed with a conditional zoning district. Financial Impact: Not applicable Recommended Action: The text amendment is complete and ready for decision by the Board of Commissioners. A motion to approve could be worded as follows: “I hereby move to adopt the amendments to the Solar Energy Systems Ordinance, (TA-07-25), and find it consistent with the adopted Person County & City of Roxboro Joint Comprehensive Land Use Plan, specifically, Guiding Principle 2: Facilitating Sustainable Economic Growth and 2.7. Provide utility infrastructure to support economic growth.” A motion to deny could be worded as follows: “I hereby move to deny the amendments to the Solar Energy Systems Ordinance, (TA-07-25), and find it inconsistent with the adopted Person County & City of Roxboro Joint Comprehensive Land Use Plan because it does not support any of the Guiding Principles in the document.” Submitted By: Margaret Hauth, Interim Planning Director 6 PERSON COUNTY PLANNING & ZONING DEPARTMENT STAFF REPORT Text Amendment TA-07-25, revised, for adoption of the amendments to the Solar Energy System Ordinance. Request Text Amendment TA-07-25 is a revised request by Hyco Solar, LLC to approve amendments to the Solar Energy System Ordinance for the purpose of allowing solar energy systems larger than 100 acres with a conditional zoning request. Introduction The proposed text amendment, TA-07-25, requests the adoption of amendments to the Solar Energy System Ordinance. This request revises the proposal considered in May by requiring the Type 4 system to only be allowed with a conditional zoning district. The entire text of the Solar Energy System Ordinance is included with proposed language written in and highlighted as amended are throughout the ordinance. New text is denoted with a red font and new text in a red font and yellow highlighting was added after the Planning Board’s hearing to reflect changes discussed with the Planning Board. The applicant also provided a detailed narrative to accompany their request and letters of support. The topic for tonight’s discussion is only whether this language provides an acceptable framework to review large-scale farms. While the applicant has a site in mind, they are not seeking concurrent ordinance adoption and conditional zoning review. A full application would be submitted, with the needed notice, for any specific site, if this language was favorably received. Comprehensive Plan & Zoning Consistency The Solar Energy Ordinance is separate from the Planning Ordinance, but amendments to it also require a plan consistency statement and a recommendation from the Planning Board and the Board of Commissioners. North Carolina General Statues provide the following criteria to guide amendment discussions: Zoning regulations shall be made in accordance with a comprehensive plan and shall be designed to promote the public health, safety, and general welfare. The regulations may address the following public purposes: •to provide adequate light and air; •to prevent the overcrowding of land; •to avoid undue concentration of population; •to lessen congestion in the streets; •to secure safety from fire, panic, and dangers; •to facilitate the efficient and adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and 7 • to promote the health, safety, morals, or general welfare of the community. The regulations shall be made with reasonable consideration to: • the character of the district • its peculiar suitability for particular uses • with a view to conserving the value of buildings and • encouraging the most appropriate use of land throughout the jurisdiction. Planning Board Hearing and Recommendation The Planning Board conducted a public hearing on August 14. Ten residents spoke, in addition to the applicant. Speakers were evenly mixed between being in favor and in opposition to the amendments. The hearing lasted approximately 3 hours. The approved minutes are available on the county website. After discussion, the Member James made a motion to approve an amended version of the ordinance and that was seconded by Member Wagstaff. Members James, Lester, and Wagstaff voted in favor of the amendment. Chair George, Member Lynch and Member McFarland voted against the amendment. Vice- Chair Allen had an excused absence from the meeting. Therefore, there is no recommendation form the board. Planning & Zoning Department Staff Analysis & Potential Motion The Solar Energy Ordinance currently limits solar farms to 100 acres. A handful of sizable farms exist around the county, but none of the solar arrays exceed 100 acres. A quick read of the draft Unified Development Ordinance indicated the 100-acre limit would have remained in effect. From the information provided by the applicant, it appears larger scale solar farms are the only way to integrate solar into the larger energy grid and to bring private interests into the energy production efforts. The proposed language is just that, a proposal. I expect the applicants would be open to discussing changes if the board members suggested alternatives. Any future conditional zoning application would also be fully reviewed and subject to conditions. Guiding Principle 2: Facilitating Sustainable Economic Growth 2.7. Provide utility infrastructure to support economic growth. Sample motions: A motion to approve could be worded as follows: “I hereby move to adopt the amendments to the Solar Energy Systems Ordinance, (TA-07-25), and find it consistent with the adopted Person County & City of Roxboro Joint Comprehensive Land Use Plan, specifically, Guiding Principle 2: Facilitating Sustainable Economic Growth and 2.7. Provide utility infrastructure to support economic growth.” A motion to deny could be worded as follows: “I hereby move to deny the amendments to the Solar Energy Systems Ordinance, (TA-07-25), and find it inconsistent with the adopted Person County & City of Roxboro Joint Comprehensive Land Use Plan because it does not support any of the Guiding Principles in the document.” Attachments: Exhibit A: Text Amendment Ordinance with full text of Solar Energy System Ordinance Exhibit B: Narrative provided by the applicant including Letters of support provided by the applicant Exhibit C: Ordinance amending the Solar Energy System Ordinance 8 Person County Solar Ordinance Text Amendment Narrative Summary of Proposed Text Amendment This is a proposed text amendment to the Person County Solar Energy System Ordinance (the “SES Ordinance”). The SES Ordinance regulates the construction and operation of solar energy systems in Person County. Under the current ordinance, there are three types of solar energy systems (referred to as Level 1, Level 2 and Level 3). Level 1 systems are permitted by right in all zoning districts and are approved administratively by County Staff. Level 2 and 3 systems are permitted in certain zoning districts, upon approval of a Special Use Permit (SUP) by the County Board of Commissioners. Level 3 systems – which are the largest systems allowed under the current ordinance - may not exceed 100 acres in size, as measured around the exterior perimeter of the panels (outside of the buffer area). There are currently seven Level 3 systems in the County that total to 22.5 MWac. The purpose of this text amendment is to: 1.create a new category of solar energy systems (referred to as Level 4), that allows for solar energy systems that exceed the current size allowance for a Level 3; 2.require that Level 4 systems only be allowed with a conditional rezoning; and 3.define the process by which Person County landowners can petition the County to have their property rezoned to a conditional district to allow a Level 4 use subject to agreed upon, individualized development conditions, and an accompanying site plan. While a Level 4 would not be restricted based on a size in acreage, it would be restricted based on site-specific conditions imposed in the conditional district and the accompanying site plan, as explained in more detail below. Overview of Conditional District Rezonings It would be helpful to start with an overview of how conditional rezonings work. Person County’s Planning Ordinance provides a general process for requesting Conditional District (CD) Rezonings (see Section 154); however, it has been some time since a conditional district rezoning application has been submitted in Person County. Conditional rezonings are also unlike other requests that commonly come before the Planning Board and Board of Commissioners and offer more flexibility, which make it a popular tool for regulating development in other parts of the State. 9 2 A conditional district is best described as a tailor-made zoning district with conditions that apply only to the property or properties subject to the rezoning request. The conditions are agreed upon by the property owner and the County, and become binding on the use and development of the property within the conditional district[1]. A conditional district rezoning is a legislative, discretionary decision. Conditional rezoning decisions are made by the Board of Commissioners, after review and recommendation from the Planning Board. They are based on broad considerations such as the health, safety and welfare of the public, consistency with the Comprehensive Plan, and whether the request is reasonable and in the public interest. Unlike an administrative staff decision or a Special Use Permit, there is no entitlement to the approval of a conditional rezoning request. Conditional rezonings are also unlike general rezonings, where the regulations of the zoning district apply uniformly to all property within the district. In addition to the requirements in the Person County Planning Ordinance for CD Rezoning requests, the proposed text amendment includes additional requirements for conditional district rezonings for Level 4 solar energy systems. Specifically, among other requirements: - The application must include a site plan for the development of a solar energy system at the property. This site plan becomes a zoning condition and any level 4 solar energy system at the property must develop in accordance with the site plan. - The application must also state any additional conditions proposed by the applicant. The regulations of the corresponding general zoning district are the minimum requirements, and the applicant can only include conditions that are more restrictive than the requirements of the general zoning district. For example, if property is currently zoned Rural Conservation (RC) and RC requires Level 4 solar energy systems provide a 150 foot vegetative buffer from all adjacent property, the applicant cannot propose a condition to reduce this to 100 feet, but could include a condition to increase this buffer to 175 feet. Per the proposed text amendment, property rezoned to a conditional district for a Level 4 use, must still apply for and obtain a zoning permit from the Planning Department prior to commencing development. For zoning permit approval, all requirements of the conditional rezoning district must be met, including compliance with the site plan, as well as any other requirements listed in the SES Ordinance. [1] For more information on conditional rezonings and conditions that may be included, see the attached article from the UNC School of Government, David Owens, entitled What Conditions Can be Included in Conditional Zoning? 10 3 Why this Ordinance Change is being requested Since the passing of the bipartisan House Bill 951 and the growing load forecast that the utilities in North Carolina are projecting, additional energy sources are needed. This House Bill not only allows utilities to build/upgrade natural gas facilities but also procure and provide opportunities for Independent Power Producers (IPPs) to submit bids for the projects they develop. The opportunities for 3rd party producers are limited to solar energy and solar and storage paired projects that must be a minimum of 50 MWac with a maximum size of 80 MWac in the Duke Energy Progress territory. Under the current Person County ordinance, a minimum sized project would not be able to be submitted, given that they would require at least 350 acres. From 2010 to 2020, the cost of large scale solar has decreased approximately 82% (source: NREL Documenting a Decade of Cost Declines for PV Systems). Given that new projects will be utility scale projects, projects can expect to see cost savings through the economies of scale when compared to traditional residential solar. Solar is the quickest generation that can come online to help meet the needs of additional energy load, including for residential and datacenter use. Why should Person County consider this text amendment change? The request is to 1) allow projects larger than 100 acres in conditional zoning districts 2) ensure that the Board of Commissioners maintains discretion to approve or deny projects above 100 acres, which encourages a transparent, collaborative approach by any solar energy system operator that wishes to be considered. This ordinance change strives to keep the mix of rural areas of Person County as they are, while also allowing some limited areas for development to produce tax revenue without requiring significant county resources. According to the NC Sustainable Energy Association June 2025 Property Tax Study, the average revenue increase per county from solar development is $225,574 with an average % increase in revenue of 1,801% or an average increase per MWdc of $2,864 – Person County has had an increase of 903%, roughly $79,524 based on the existing solar projects that are throughout the County. To put this in context, a 104 MWdc (80 MWac) system could generate an average increase in revenue of $297,856 in Person County. This ordinance change could promote innovation that benefits the local community, including agriculture, as local Person County entrepreneurs are using sheep grazing on solar projects as a primary source of vegetation maintenance. The sheep grazing for a project of Level 4 could allow a local farmer to expand their operation, buy local, and support their own farm. This is an opportunity to increase our domestic food production. According to the USDA 2024 State of Agriculture report, North Carolina has 33,000 head of lamb, while we currently process more according to an NC State Agriculture Expert, meaning we must import lamb to service the state's own demand. Rotational grazing also promotes better soil health and reduces the use of pesticides or herbicides compared to traditional vegetative maintenance practices. 11 4 According to the 2022 USDA Census report, Person County is home to 364 farms that total 88,571 acres across the entire County. An 80 MW ac project (the largest allowed to be owned by an IPP) would take a minimum of 560 acres of solar equipment, depending on the topography and other features of the land. This would represent less than 1% of the total farmable acres in Person County (0.08%). Transmission For any solar project that would be connected to the Duke Energy Progress grid, the main considerations are 1) enough usable area and 2) proximity to transmission lines. With the language that is being proposed, no Level 3 or Level 4 system can be within 1-mile of each other. With the 1-mile buffer that is required, the areas shown in Appendix A will not be able to be developed for a Level 4 solar energy system based on the location of current, existing Level 3 systems in the County; this is included as an illustrative purpose and is based on the current existing solar in Person County. 12 5 List of Exhibits Exhibit A – Person County 1-mile Buffer around Level 3 SES with Transmission Lines Exhibit B – Person County Suitability: Agriculture Exhibit C – Person County Suitability: Conservation Exhibit D – Person County Suitability: Development 13 Exhibit A 14 Exhibit B 15 Exhibit C 16 Exhibit D 17 Coates’ Canons NC Local Government Law What Conditions Can Be Included in Conditional Zoning? Published: 11/11/21 Author: David Owens Conditional zoning is a popular development regulation tool used in North Carolina. Legislative conditional zoning was first used in the state in the 1990s, was approved by the courts in 2001, and was expressly authorized by the zoning statutes in 2005. It is now the most frequently made rezoning in the state. With this widespread use comes the question of just what conditions can be included in a conditional rezoning. The standards in traditional conventional zoning districts (sometimes referred to as general use districts) must be uniformly applied throughout a city or county. The same permitted uses and dimensional standards apply to all property placed in the same zoning district. No site-specific, individualized conditions are allowed. Every property within a particular zoning district, no matter where it is within the city or county, is subject to exactly the same zoning rules. By contrast, G.S. 160D-703(a)(2) authorizes cities and counties to adopt conditional zoning districts that can include individualized development conditions. If the local government wants to allow some of the permitted uses within a proposed zoning district, but not all of them, it can accomplish that through use of conditional zoning. A fairly common practice of local governments is to amend their zoning text to create a set of conditional zoning districts that parallels their conventional districts. For example, if there is a “Highway Commercial” district, the text would also include a “Highway Commercial-Conditional” district. Then an individual rezoning to the “Highway Commercial-Conditional” would include conditions applicable only to that site. That includes changes to the permitted uses and dimensional standards that would otherwise apply in the regular “Highway Commercial” zoning district. Conditional zoning is a way to allow a landowner to make a use of property that they desire while incorporating conditions that address the concerns of neighbors or local government. For more on the difference between conventional and conditional zoning, see this post and this Ch. 160D guidance document on conditional zoning. 18 Conditional zoning is very popular in North Carolina. In our 2018 SOG survey, over half of the responding local governments reported use of conditional zoning. Its use is particularly common in larger population cities, with 77 percent of the cities with populations over 25,000 reporting use of conditional zoning. Not only do many local governments make this option available, it is often applied. In our survey, the responding jurisdictions reported that 55 per cent of all rezonings considered in the previous year were rezonings to conditional districts. 78 percent of all rezonings were conditional rezonings in cities with populations over 25,000. Given this widespread use, a question invariably arises. What type of conditions can be included in a conditional rezoning? Basic Limits The general factors that can legitimately be considered in a rezoning, and those that cannot, apply to conditional zoning. For example, it is entirely appropriate to consider the land use impacts of a proposed development and what the comprehensive plan suggests, while it would be illegal to base a decision on the racial, ethnic, or religious identity of the applicant or the identity of the property owner. My colleague Adam Lovelady discusses legitimate and appropriate considerations for legislative zoning decisions here and improper considerations here. These factors fully apply to conditional rezonings. Also, conditional zoning will often also be “spot zoning,” so the factors necessary to show that the zoning is reasonable should be addressed in the rezoning process. Two Additional Statutory Limits When conditional zoning is involved, there are two important statutory limits that also must be considered. First, both the landowner and the local government must agree to place property into a conditional zone and they must also agree on the specific conditions imposed. The landowner does not have to like being in a conditional district. The owner might well prefer that their property be in a conventional zoning district with a wider range of permitted uses and fewer development restrictions. However, the city or county governing board may conclude that such a rezoning would allow some uses or development plans that would be harmful to the neighbors or the public. Conditional zoning allows the owner and local government to find a mutually acceptable alternative to the traditional zoning. 19 G.S. 160D-703(b) provides that property may only be placed in a conditional zoning district “in response to a petition by all of the owners of the property to be included.” This required “petition” can take the form of a rezoning application or a written request or agreement that a pending rezoning be made a conditional rezoning. If a landowner objects to being in a conditional district, the local government cannot put the property in one. This statutes goes on to provide that while either the owner or the local government may propose specific conditions, “only those conditions approved by the local government and consented to by the petitioner in writing may be incorporated into the zoning regulations.” If an owner objects to a proposed condition, it cannot be included. When the owner objects to a particular condition, the local government has the choice of approving the conditional zoning without the objectionable condition or denying the conditional rezoning if the governing board concludes the rezoning without that condition would be inappropriate. Second, the zoning statute limits the scope of conditions that can be imposed. G.S. 160D-703(b) says that the conditions imposed in a conditional rezoning are limited to those that address conformance of the development and use of the site to local government ordinances and adopted plans and to those conditions that address “impacts reasonably expected to be generated by the development or use of the site.” This section of the statutes also says that conditions “not authorized by otherwise applicable law,” including taxes, impact fees, building design elements for single-family homes, and excess drive-way improvements, cannot be included “unless consented to by the petitioner in writing.” So, the local government does not have unlimited discretion in imposing conditions. In addition to the standard constitutional and statutory limits on zoning regulations, all the conditions must be approved by the landowner and they must be tied to securing compliance with adopted ordinances or plans or be reasonably related to minimizing potential impacts of the proposed development. Written approval by the owner to being placed in a conditional zone and to the specific conditions imposed is required. Potential Conditions Not surprisingly, the two most used conditions are ones that limit the range of permitted uses and that require a detailed site plan for future development of the site. Both types of conditions are permissible in North Carolina. Over 70 percent of the jurisdictions responding to our 2018 survey 20 reported that their conditional zoning either always or frequently included these two conditions. Use Restrictions. A conventional zoning district typically allows dozens of different land uses. Some of those uses may have modest land use impacts for the neighbors, while others might be problematic in a particular setting. A condition imposed on a conditional zoning can allow a specific use on a specific parcel that the owner desires while ruling out other uses that are objectionable to the neighbors or local government if placed on that property. A condition can also expand the range of permitted uses, such as allowing a range of mixed uses within a building or allowing a wider range of uses on a larger site, but it more often restricts the uses that would have been allowed in a comparable conventional zoning district. Some zoning regulations allow only conditions that are more stringent than those in the corresponding conventional zoning district while other local ordinances allow any modifications deemed appropriate. State law allows either approach. Site plans. A site plan incorporated into a conditional rezoning can identify where roads, buildings, parking, particular uses, and buffers will be located. It can provide information on landscaping or stormwater management, although details on these aspects of the development may be addressed later in the permitting process. Securing agreement on the site plan for the forthcoming development at the rezoning stage provides clarity for the owner, developer, and neighbors as to how the development will proceed. It shows how potential adverse impacts will be addressed and minimized. A clear site plan helps assure that there will not be unpleasant surprises for any of the affected parties as the development materializes. Site development details. A related set of permissible conditions are often used to address specific aspects or details of the potential development. While not quite as frequently employed as the two conditions noted above, over 50 percent of jurisdictions responding to our 2018 survey reported frequently using these types of conditions. While a commercial district might require that buildings have a 25-foot setback from the rear property line, a conditional district could increase that to a 50-foot rear yard setback to address potential negative impacts on neighboring residential properties. Other measures could be required to buffer approved development from neighboring properties, such as requiring a solid fence at a specified location, additional landscaping, or restrictions on exterior lighting. Alternatively, the setback in a conditional district could be reduced if a smaller setback would provide an adequate distance for the particular development and setting. How streets within the development connect to 21 neighboring streets can be specified. The location and design of driveways can be specified. A condition could set the maximum density of future residential development to assure that there are adequate streets, utilities, schools, and recreational facilities to support the development. The design of buildings can be specified to assure harmony with their surroundings. G.S. 160D-702(b) allows the imposition of building design standards even on single-family homes if that is voluntarily consented to by the owners as part of seeking approval of a rezoning. Sometimes something as simple as a condition specifying the location and screening of trash dumpsters or the hours of operation of a commercial use can be the key to resolving potential conflicts between the developer and the neighbors. As with the range of permitted uses, a zoning regulation can restrict these detailed conditions to those that are more stringent than the corresponding traditional district or it can allow any modification deemed appropriate. Infrastructure. For some developments, particularly those that are very large, securing adequate supporting infrastructure is a key consideration in development approval. The location, construction standards, and financing of roads, utilities, schools, parks, and greenways are important for both the developer and the local government. Details on how this is to be accomplished can be incorporated into the conditions included in a conditional rezoning. These types of conditions are permissible but are less commonly imposed. If there is to be substantial cost-sharing or the voluntary provision of extra public benefits, it would be prudent for the local government and the landowner to use a development agreement in addition to conditional zoning. G.S. 160D-1006(d) allows a development agreement to include mutually acceptable provisions for financing public facilities, provided that any measures offered by the developer beyond those that could be required by the local government are expressly set out in the agreement. While these additional measures in a development agreement cannot include a tax or impact fee not otherwise authorized, they can include a wide range of possible conditions, including donations of land and construction of public and community facilities. Development agreements can include, for example, an agreement to donate land for a school or a fire station, relocation of a road, or even construction of a building for a community nonprofit (such as a YMCA) – items that could not be mandated unilaterally by the local government, but which can be included in the agreement with the voluntary written consent of the landowner. The statutes antincipate that a development agreement and a conditional rezoning for a project will sometimes be negotiated and approved at the same time. G.S. 160D-1003(b) allows for a development agreement and a rezoning to be considered concurrently and for a development agreement to be 22 incorporated into a conditional rezoning. When this is done, one of the conditions generally included in the conditional rezoning is compliance with all the terms and conditions of the accompanying development agreement. Social equity. A final set of conditions that are sometimes considered are those that address social equity concerns. While common in some states, this type of condition has to date not been frequently applied in North Carolina. These types of conditions are not specifically addressed by our statutes or cases. However, they may be proposed to secure plan compliance or to address impacts of the development. For example, some North Carolina comprehensive plans call for a full range of housing affordability in new developments. Other plans may address the need for more affordable and work-force housing. In response, some conditional zonings and development agreements have included agreement on provision of a specified amount of affordable housing or commitments to make payments to a local affordable housing trust fund. Developers of some projects are willing to commit to employment of local workers or those under- represented in the workforce, to provide job training programs, or to undertake similar initiatives. In some states community benefit agreements are used, where the developer and community organizations negotiate and adopt agreements prior to or as a part of the development approval process. These agreements can build community support for a development by assuring that members of the community, as well as the developer, benefit from the development. The degree to which a local government can enforce such an agreement if it is incorporated or referenced in a conditional zoning, or whether only the parties can do so, is unclear in North Carolina. While it is likely that these social equity conditions can be included in a conditional rezoning and in a development agreement if both the owner and the local government are agreeable, it is particularly important to secure written consent for their inclusion from the landowner. Given their novelty and the lack of express statutory authority to use them, considerable legal care is warranted if they are to be considered. Impermissible conditions. There remain a few issues that cannot be addressed by conditional zoning conditions. As noted at the outset, factors that are impermissible to be considered in any zoning regulation cannot be addressed by conditions in conditional zoning. Racial, ethnic, or religious discrimination are not permitted. A condition cannot regulate who owns the development or whether it is owner or renter occupied. 23 Final Considerations The conditions incorporated into a conditional rezoning should be clearly stated and should incorporate all key provisions that have been agreed to by the landowner and the local government. If a condition is discussed and informally agreed to, but it is not included in the adopted rezoning, it is not legally enforceable. That said, it is important to be careful about how much detail is incorporated into the conditions. After all, once adopted the conditions become mandatory zoning standards with the force of law. While the regulations can allow minor modifications to be made administratively, all major modifications must go through the entire zoning amendment process (click for details on each). It may be desirable to leave some flexibility about the details of the approved project or to address those details at the permitting stages of development that happen after a rezoning. Just how much detail or flexibility is desired, and on which aspects of the development, is a policy and practical choice that should be considered. Finally, administration and enforcement of the zoning should be considered. Adequate record keeping, staff support to inspect for compliance and enforce conditions, and education of the landowner and neighbors are all critical for the ongoing success of conditional zoning. Creating individualized, site-specific development regulations creates a substantially more complex regulatory program than reliance on conventional zoning districts with uniform standards for all property in a particular district. While the benefits may well outweigh these costs, a local government embarking upon extensive use of conditional zoning should keep this in mind. In sum, conditional zoning is a valuable tool that allows development regulations to be carefully tailored to individual sites and particular development schemes. It allows reasoned negotiation and appropriate balancing of landowner, neighborhood, and governmental interests. Properly applied, it serves the legitimate interests of all involved. A good understanding of the scope of permissible conditions will help those involved navigate this complex process in a fair, reasonable, and legally defensible fashion. This blog post is published and posted online by the School of Government for educational purposes. For more information, visit the School’s website at www.sog.unc.edu. Coates Canons © 2009 to present. School of Government at the University of North Carolina at Chapel Hill.All rights reserved. 24 1 177280269.1 PERSON COUNTY SOLAR ENERGY SYSTEM ORDINANCE Redline Version with Changed Recommended by Planning Board in Motion to Approve on August 14, 2025 (Motion vote was 3-3) Changes recommended by Planning Board are shown in both redline and highlight and include the following: • Edits to Section 2.1 (Table of General Regulations for SES) • Edits to Section 2.2 (Setback Requirements for SES) • New requirement in Section 3.2.B.5 (Conditional District Rezoning Application Requirements) 25 2 177280269.1 PERSON COUNTY SOLAR ENERGY SYSTEM ORDINANCE Adopted by the Person County Board of Commissioners on the 5th Day of October, 2020. Amended on the 7th day of February 2022. ARTICLE 1. GENERAL PROVISIONS 1.1 Title 1.2 Purpose 1.3 Authority and Grant of Power 1.4 Jurisdiction and Applicability 1.5 Definitions ARTICLE 2. SITE DEVELOPMENT REQUIREMENTS 2.1 General Regulations 2.2 Setbacks 2.3 Height and Size Limitation 2.4 Buffers and Landscaping 2.5 Aviation Notification 2.6 Decommissioning and Abandonment ARTICLE 3. LEGAL PROVISIONS 3.1 Procedure for Level 1, 2 and 3 Solar Energy System Development Approval 3.13.2 Procedure for Level 4 Solar Energy System Development Approval 3.23.3 Penalties for Violations 3.33.4 Severability 3.43.5 Variance 3.53.6 Effective Date 26 3 177280269.1 ARTICLE 1. GENERAL PROVISIONS 1.1 Title a) This document shall be known and cited as “Person County Solar Energy System Ordinance”. 1.2 Purpose a) The purpose of this ordinance is to facilitate the construction, installation, and operation of solar energy systems (SES) in Person County in a manner that promotes economic development, preserves the dignity and aesthetics of the environment in Person County, and ensures the protection of health, safety, and welfare while also avoiding adverse impacts to important areas such as agricultural lands. This ordinance is not intended to replace safety, health, or environmental requirements contained in other applicable codes, standards, or ordinances. The provisions of this ordinance shall not be deemed to nullify any provisions of local, state, or federal law. 1.3 Authority and Grant of Power a) This ordinance is adopted under the authority and provisions of the General Statute of North Carolina, Chapter 153A Article 18160D. Nothing herein shall be interpreted to conflict with or supersede any provision of the General Statute of North Carolina Chapter 153A160D. 1.4 Jurisdiction and Applicability a) The regulations contained herein shall govern development of land within Person County, North Carolina as provided in General Statute 153A, Article 18160D, except those lands lying within jurisdiction of any municipality, unless such municipality shall have by resolution requesting the County enforce these regulations within the municipality’s area of jurisdiction. b) Solar energy systems established prior to the effective date of this ordinance shall remain exempt except if major modifications to an existing solar energy systems are proposed and require a new Special Use Permit to be issued by the Board of Commissioners. The modified area of the SES permitted under the new Special Use Permit shall be subject to the conditions of this ordinance. Maintenance and repair are not subject to this ordinance. 27 4 177280269.1 1.5 Definitions a) Abandonment: Any solar energy system that ceases to produce energy on a continuous basis for twelve (12) months will be considered abandoned. b) Accessory Equipment: Any equipment serving or being used in conjunction with a solar energy system. The term includes utility or transmission equipment, power supplies, generators, batteries, equipment buildings, and storage sheds, shelters, or similar structures. c) Decommissioning Plan: A document that details the planned shut down and removal of a solar energy system from operation or use. d) Major Modification: Any change which would require findings of fact or evidence in addition to those in the record of the public hearing for the original Special Use Permit, or subsequent modifications, if any. By way of example, but not of limitation, any of the following shall constitute a major modification requiring an application to be resubmitted in accordance with applicable ordinance provisions: 1. Significant changes in the zoning lot’s boundaries, unless the purposes of this ordinance or of the County’s plan for the comprehensive development of the area within which the lot is located are satisfied to an equivalent or greater degree. Significant ch ange in the boundaries of the site if public purposes are not satisfied to an equivalent or greater degree; 2. A change in the use approved; 3. Significant changes in the location of principal and/or accessory structures and/or uses; 4. Structural alterations significantly affecting the basic size, form, style, ornamentation, and appearance of principal and/or accessory structures as shown in the plan; 5. Significant changes in pedestrian or vehicular access or circulation 6. Significant changes in the amount or location of required landscape screening if an alternate proposal does not provide the same or greater degree. e) Property Owner: The person(s), entity, or company having fee simple ownership of the property where the solar energy system is located. f) Solar Array: An active solar energy system that converts sunlight into electricity using either Thermal or photovoltaic methods. Such a system has multiple solar collectors, and might include transformers, generators, batteries, and other appurtenant structures and/or facilities. g) Solar Collector or Solar Panel: A device that converts sunlight into electricity using either thermal or photovoltaic methods. 28 5 177280269.1 h) Solar Energy System: The components and subsystems required to convert solar energy into electric or thermal energy suitable for use. The area of the system includes all the land inside the perimeter of the system, which extends to any fencing. Area restrictions are based on the acreage of panels. The term applies, but is not limited to, solar photovoltaic (PV) systems, solar thermal systems, and solar hot water systems. A system fits into one of three four system types: Level 1 SES, Level 2 SES, and Level 3 SES, and Level 4 SES. 1. Level 1 Solar Energy System (SES) – Includes the following in all Person County Zoning Districts: i. Roof-mounted on any code-compliant structure. ii. Ground mounted less than 1/2 acre. iii. Covering permanent parking lots and other hardscape areas. iv. Building integrated solar (i.e., shingle, hanging solar, canopy, etc.). 2. Level 2 Solar Energy System (SES) – Ground mounted systems greater than or equal to ½ acre and less than ten (10) acres in all Person County Zoning Districts. 3. Level 3 Solar Energy System (SES) – Ground mounted systems greater than or equal to ten (10) acres, but no greater than one hundred (100) acres in all Person County Zoning Districts. 3.4. Level 4 Solar Energy System (SES) – Ground mounted systems greater than one hundred (100) acres. 29 6 177280269.1 ARTICLE 2. SITE DEVELOPMENT REQUIREMENTS (Rev. 2/7/22) 2.1 General Regulations Solar energy systems are permitted in Person County as follows: Table 2.1 General Regulations for Solar Energy Systems in Person County X = Permitted Use ; SUP/CD = Special Use Permit/Conditional Rezoning ; left blank = Prohibited; CD = Conditional Rezoning Residential (R) Highway Commercial (B-1) Neighborhood Shopping (B- 2) General Industrial (GI) Rural Conservation (RC) Level 1 X X X X X Level 2 SUP/CD SUP/CD SUP/CD CD Level 3 SUP/CD CD SUP/CD CD Level 4 CD CD CD CD CD 2.2 Setbacks Setbacks for solar energy systems are measured from the nearest solar panel to the nearest property line and/or right-of-way line. Setbacks for solar energy systems in Person County as follows: Table 2.2 Setback Requirements for Solar Energy Systems in Person County Left blank = Prohibited in that district Residential (R) Highway Commercial (B-1) Neighborhood Shopping (B- 2) General Industrial (GI) Rural Conservation (RC) Level 1 Per District Regulations contained in Person County Planning Ordinance Level 2 * 200’ 200’ 200’ 200’ Level 3 * 200’ 200’ 200’ 200’ Level 4 * 200’ 200’ 200’ 200’ 200’ * All solar energy systems shall be separated by a minimum distance of 300’ from all residential dwellings as measured from the nearest solar panel to the nearest dwelling. In addition, all solar energy systems shall be separated by a minimum distance of 100’ from the nearest well for human consumption. EXCEPTION: Where a solar energy system facility is located on multiple contiguous lots of record in separate ownership, the building setback and buffer requirement shall apply only to the exterior perimeter 30 7 177280269.1 of the project boundaries surrounding the facility and not the interior property boundaries within the facility. A written waiver signed by the property owner(s) shall be required. 2.3 Height and Size Limitation a) For Level 1 roof mounted systems, height is limited to the applicable district regulation. The height of Level 1, 2, and 3, and 4 ground mounted systems shall be measured from the highest natural grade below each solar panel. For ground mounted systems, panel height shall not exceed 15’ in all districts. Poles and wires reasonably necessary to connect to public electric utilities for all solar energy systems shall not be subject to this requirement. b) The maximum size of a level 3 solar energy system shall not exceed one hundred (100) acres as measured around the exterior perimeter of the panels (outside of the buffer area). No level 3 solar energy system shall be located within one (1) linear mile of an existing level 3 solar energy system. b)c) No Level 4 solar energy system shall be located within one (1) linear mile of an existing Level 3 or Level 4 solar energy system, measured from property line to property line. 2.4 Buffers and Landscaping a) Level 1 systems shall be exempt from buffering and landscaping requirements. b) Solar collectors, accessory equipment, and associated outside storage for Level 2, and 3 and 4 systems shall be completely screened with a 150’ vegetative buffer from view from all property and right-of-way lines. Buffers shall include at a minimum, evergreen shrubs and a combination of deciduous and evergreen trees as follows: 1. Every 500 square feet of buffer shall include one evergreen or deciduous tree that shall be a minimum of 6’ at planting and have a minimum height of 15’ within 3 years and spread of at least 30’ within 10 years; and, 2. 5 evergreen shrubs, or 3 evergreens and 2 deciduous shrubs, that shall be a minimum of 3’ at planting and have a height and spread of at least 5’ in 10 years. 3. Existing vegetation may be counted toward the required plantings when identified on a landscape plan and certified by an arborist, landscape architect, landscape designer. Plants identified for the buffer must be protected from all land disturbing activities and construction at a distance equal to the drip line of the plant(s) to be used toward the buffer. 2.5 Aviation Notification a) Level 1 systems shall be exempt from aviation notification requirements. 31 8 177280269.1 b) For all Level 2, and 3, and 4 systems, a map analysis showing a radius of five (5) nautical miles from the center of the solar energy system with any airport operations within this area highlighted shall be submitted with the initial application. 1. For systems not containing airport operations within five (5) nautical miles from the center of the solar energy system, attach map analysis results to permit application. 2. For systems containing airport operations within five (5) nautical miles from the center of the solar energy system, the following items must be included with the permit application: i. Map analysis results. ii. Determination of whether the airport is in the National Plan of Integrated Airport Systems (NPIAS). iii. Documentation/certification that the project will not interfere with airport/aircraft communications systems. iv. Proof of delivery of notification, date of delivery, and response(s) for the following documents: a) For consideration of potential impacts to low altitude military flight paths, notification of intent to construct the solar energy system shall be sent to the NC Commanders Council at least 45 days before the Special Use Permit/Conditional Rezoning hearing for Level 2, and 3 and 4 solar energy systems and at least 45 days before starting construction for all other Level 2, and 3 and 4 solar energy systems. Notification shall include location of solar energy system (i.e. map, coordinates, address, or parcel ID), technology (i.e. roof-mounted PV, ground mounted fixed PV, tracked PV, solar thermal, etc.), and the area of the system (e.g. 5 acres). b) A full report for each flight path and observation point, as well as the contact information for the Planning Director, shall be sent to the authority indicated below at least 45 days before the Special Use Permit/Conditional Rezoning hearing for Level 2, and 3 and 4 solar energy systems and at least 45 days before starting construction for all other Level 2, and 3 and 4 solar energy systems. The latest version of the Solar Glare Hazard Analysis Tool (SGHAT) shall be used per its user’s manual to evaluate the solar glare aviation hazard. SGHAT can be accessed via the following website: www.forgesolar.com. 1. Airport operations at airports in the National Plan of Integrated Airport Systems (NPIAS) within five nautical miles of the center 32 9 177280269.1 of SES: provide required information to the North Carolina Division of Aviation and Federal Aviation Administration's (FAA) Airport District Office (ADO) with oversight of North Carolina and receive responses from those agencies at least 10 business days prior to the hearing. Those responses shall be provided to both the Person County Planning and Zoning Department and Person County Airport Commission. 2. Airport operations at airports not in the NPIAS, including military airports, within five nautical miles of the center of SES: provide required information to the NC Commanders Council for military airports and to the management of the airport for non-military airports. v. Any applicable solar energy system design changes (e.g. module tilt, module reflectivity, etc.) after initial submittal shall be rerun in the SGHAT tool and the new full report shall be sent without undue delay to the contact specified in iii.b. (1) and iii.b. (2) for accurate records of the as-built system. 2.6 Decommissioning and Abandonment a) Decommissioning and abandonment requirements shall only apply to Level 2, and 3 and 4 solar energy systems 1. Level 1 systems shall be exempt from decommissioning and abandonment requirements. b) A solar energy system that ceases to produce energy on a continuous basis for 12 months will be considered abandoned unless the current responsible party (or parties) with ownership interest in the solar energy system provides substantial evidence (updated every six (6) months after 12 months of no energy production) to the Planning Director of the intent to maintain and reinstate the operation of that facility. It is the responsibility of the responsible party (or parties) to remove all equipment and facilities and restore the parcel to its condition prior to development of the solar energy system. Restoration to less than the original condition is acceptable when it is requested in writing by the parcel owner. c) At the time of applying for permits, the applicant (solar energy system developer or property owner) shall include a decommissioning plan addressing the following items: 1. Anticipated life of the solar energy system. 33 10 177280269.1 2. Defined conditions upon which decommissioning will be initiated (i.e. end of land lease, no power production for 12 months, etc.) 3. Removal of all non-utility owned equipment, conduit, structures, fencing, solar panels, and foundations. 4. Restoration of property to condition prior to development of the solar energy system. 5. Timeframe for completion of decommissioning activities, not to exceed one (1) year. 6. Description and copy of any lease or any other agreement with the property owner regarding decommissioning. 7. Name and address of person or party responsible for decommissioning. 8. Plans and schedule for updating the Decommissioning Plan. 9. A verifiable means of determining if the decommissioning plan needs to be activated due to cessation of use for 365 days, such as a letter from the electric utility stating that it will notify the Planning Department within ten (10) business days if electricity is not received from an array within the solar energy system for 365 days. 10. Estimated decommissioning costs including contingency costs of at least 25% (in current dollars), as provided by an appropriately experienced, North Carolina licensed Engineer, under seal. d) Prior to the issuance of a zoning compliance certificate, the county must receive a performance guarantee in favor of the county in an amount equal to 1.25 times the estimated decommissioning cost as determined by a North Carolina licensed engineer. The performance guarantee m ust be satisfactory to the Planning Director and may include a performance bond, irrevocable letter of credit, cash deposit or other surety approved by the Planning Director and County Attorney. Following initial submittal of the performance guarantee, the cost calculation for decommissioning shall be reviewed every three (3) years, and adjusted accordingly based upon an updated estimate of a North Carolina licensed Engineer under seal, of the estimated decommissioning costs. Failure to comply with any requirement of this section shall result in the immediate termination and revocation of all prior approvals and permits; further, the County shall be entitled to make immediate demand upon, and/or retain any proceeds of the surety, which shall be used for the decommissioning and/or removal of the solar energy system, even if it is still operational. 34 11 177280269.1 ARTICLE 3. LEGAL PROVISIONS (Rev. 2/7/22) 3.1 Procedure for Level 1, 2 and 3 Solar Energy System Development Approval A. After the effective date of this ordinance, no proposed solar energy system as defined in this ordinance and within Person County’s jurisdiction shall proceed with construction until it has been submitted to and approved by the Planning Director or his/her designee and as evidenced by an approved Person County Zoning Permit in accordance with the provisions of this ordinance. B. Existing SES developments are governed under the Planning Ordinance regulations in place prior to the effective date of this ordinance unless a major modification as defined by this ordinance is proposed and requires a new Special Use Permit to be issued. If a new Special Use Permit is required, the SES will be required to meet the provisions of this Ordinance. C. Level 1 Solar Energy Systems as Permitted Uses Level 1 solar energy systems allowed as permitted uses must meet the applicable height, setback, and related district standards. Level 1 solar energy systems must complete the following for approval: 1. Approval from Person County Environmental Health or the City of Roxboro Public Works. 2. Addressing from Person County GIS. 3. Zoning permit application and site plan for Person County Planning and Zoning. * 4. Building permit application and building plans for Person County Building Inspections. In addition to general site plan requirements, site plans submitted to Person County Planning and Zoning for Level 1 solar energy systems must show the following: 1. The entire property boundary including existing structures. 2. Planned location of each solar array and accessory equipment. 3. The front, rear, and side setbacks of the solar array and accessory equipment. 4. (If applicable) Required buffer areas with description. 5. A table containing the number, dimensions, height, and type of each proposed solar array including their generating capacity. *Following completion of construction, Level 1 ground mounted solar energy systems may be required to submit a final as-built survey to the Planning Director. Following approval of the final as-built survey, systems may receive their Certificate of Occupancy. D. Level 2 Solar Energy Systems as Permitted Uses 35 12 177280269.1 Level 2 solar energy systems allowed as permitted uses must meet the applicable height, setback, aviation notification, and related district standards. Level 2 solar energy systems must complete the following for approval: 1. Approval from Person County Environmental Health or the City of Roxboro Public Works. 2. Addressing from Person County GIS. 3. Zoning permit application and site plan for Person County Planning and Zoning. * 4. Decommissioning Plan submitted to Person County Planning and Zoning. 5. Building permit application and building plans for Person County Building Inspections. In addition to the standards listed in the Person County Planning Ordinance Commercial and Industrial Site Plan Requirements, the site plan submitted to Person County Planning and Zoning must show the following: 1. Planned location of each solar array and accessory equipment. 2. The front, rear, and side setbacks of the solar array and accessory equipment. 3. (If applicable) Required buffer areas with description. 4. A table containing the number, dimensions, height, and type of each proposed solar array including their generating capacity. *Level 2 solar energy systems in the Neuse watershed may require additional materials Following completion of construction, all Level 2 solar energy systems shall submit a final as-built survey to the Planning Director. Following submission and approval of the final as -built survey, Level 2 solar energy systems must receive an approved final zoning inspection performed on-site by the Person County Planning and Zoning Department prior to receiving their Certificate of Occupancy. Properties located in the Neuse watershed may require additional materials prior to receiving their Certificate of Occupancy. E. Level 2 and 3 Solar Energy Systems Requiring Special Use Permits or Conditional District Rezonings Level 2 and 3 solar energy systems requiring Special Use Permits or Conditional District Rezonings must submit a completed Special Use Permit/Conditional District Rezoning Application and site plan to the Person County Planning and Zoning Department*. A copy of all aviation requirements shall also be submitted to the Person County Airport Commission. Applicants may choose to provide a sketch plan to the Planning Administrator ahead of a site plan, as sketch plans do not require much investment and are an opportunity for the Planning Administrator to point out design changes ahead of more expensive site planning. 36 13 177280269.1 1. In addition to the standards listed in the Person County Planning Ordinance Commercial and Industrial Site Plan Requirements, the site plan submitted to Person County Planning and Zoning must show the following: a) A narrative describing the proposed solar energy systems, including an overview of the project and estimated megawatt output of the project, b) Planned location of each solar array and accessory equipment. c) The front, rear, and side setbacks of the solar array and accessory equipment. d) (If applicable) Required buffer areas with description. e) A table containing the number, dimensions, height, and type of each proposed solar array. f) Location where wiring is brought together for inter -connection to the system components and/or the local utility power grid, and location of disconnect switch. g) Location of any onsite battery storage systems/units. * Level 2 and 3 solar energy systems in the Neuse watershed may require additional materials 2. The following information shall also be included in the submittal for a special use permit or conditional district rezoning application: a) A copy of the lease agreements with each property owner and any access and utility easements. Lease agreements shall have a provision that describes how the agreement may be renewed. Identifying information, as defined in North Carolina General Statute §14-113.20(b), and proprietary information may be redacted. b) Evidence that the electrical utility provider has established an agreement/contract with the solar energy system owner to install an interconnected system. Any customer - owned generator (off grid systems) shall be exempt from this requirement. c) Documentation regarding the type and quantity of battery storag e units and configurations, if onsite battery storage systems are to be used. Any battery storage technology that contains PFAS (Polyfluoroalkyl substances) must be noted in the application. If the project intends on using PFAS-containing battery storage technology, a containment plan and a separate decommissioning plan from the plan described below must be submitted for approval. If the battery-decommissioning plan includes recycling as a method for disposition of the spent batteries, the name of the recycling facility permitted to accept PFAS-containing batteries must be provided. If the project does not intend to use PFAS-containing batteries, certification from the 37 14 177280269.1 battery manufacturer must be provided stating that the batteries used do not contain PFAS. d) A Phase 1 Environmental Site Assessment prepared by a duly licensed professional in the State of North Carolina. e) Fire Prevention and Emergency Response facilities shall be installed by the solar energy system owner and approved by the Person County Fire Marshal to include, at a minimum, the following: 1. Confirmation that the fire department located in the same fire district as the major solar energy system has or will acquire equipment to contain and extinguish any fire at the solar energy system. Any new equipment requested by the fire district shall be paid for by the major solar energy system owner. 2. Chemical fire suppressants shall be located and properly stored at each battery storage area and transformer as directed by the County Fire Marshal. 3. An Emergency Response Plan consistent with all applicable Federal Emergency Management Agency guidelines shall be prepared by the solar energy system owner and approved by the County Fire Marshal. 4. The 50’ area in between the edge of the buffer and the panels shall be maintained and inspected on an annual basis (see Section 3.1-i) to ensure that emergency vehicles can adequately access the perimeter of the site. f) Other relevant studies, reports, certifications, information, documents and approvals as may be reasonably requested by the County to ensure compliance with this ordinance. Recognizing the unique environmental challenges of a solar energy system, studies t hat may be required under this paragraph may include but are not limited to the following: 1. Field surveys for all State or Federal listed species that are protected under State or Federal Law; 2. Geologic reports mapping and describing geological resources such as bedrock outcrops, groundwater recharge zones, seeps, springs and general characterization of groundwater resources; 3. Surface water resources including wetlands; 4. Site specific soil surveys to include information on prime farmland soils as classified by the USDA Natural Resources Conservation Service, hydric soils and 38 15 177280269.1 hydric components of non-hydric soil series, soil erodibility, agricultural suitability and site index for growing timber; 5. Environmental constraints analysis; 6. Other studies of the project site, receiving waters, and adjacent or nearby natural and environmental resources as may be requested by any County agency. F. Special Use Permit/Conditional District Rezoning Applications and site plans shall be submitted in a timely manner so as to allow Person County Planning and Zoning staff adequate time to meet legislative advertising requirements. The Person County Board of Commissioners will conduct a public hearing to review the solar energy system Special Use Permit/Conditional District Rezoning (the Planning Board shall also review the conditional district rezoning prior to review by the Board of Commissioners). Following review of the application, the Board of Commissioners will render a decision. G. Following approval of the Special Use Permit or Conditional District Rezoning, Level 2 and 3 solar energy systems must complete the following for approval: 1. Approval from Person County Environmental Health or the City of Roxboro Public Works. 2. Addressing from Person County GIS. 3. Zoning permit application and approved site plan for Person County Planning and Zoning.* 4. Decommissioning Plan submitted to Person County Planning and Zoning. 5. Building permit application and building plans for Person County Building Inspections. * Level 2 and 3 solar energy systems in the Neuse watershed may require additional materials H. Following completion of construction, all Level 2 and 3 solar energy systems shall submit the following: 1. A final as-built survey shall be submitted to the Planning Director. 2. A letter of certification from a North Carolina licensed engineer indicating that the inverter noise shall not exceed the lower of 3dBA Leg (1 HR) above preconstruction background or 40 Leg (1 HR) dBA, measured at any property line during output that exceeds 95% rated capacity from the facility. Following submission and approval of the final as-built survey, Level 2 and 3 solar energy systems must receive an approved final zoning inspection performed on-site by the Person County Planning and Zoning Department prior to receiving their Certificate of Occupancy. Properties located in the Neuse watershed may require additional materials prior to receiving their Certificate of Occupancy. I. An annual inspection performed by the Planning Director and/or his designee to ensure compliance with the requirements of this ordinance and an inspection fee shall be charged to the owner of the 39 16 177280269.1 solar energy system as set out in the official fee schedule approved by the Person County Board of Commissioners. Any deficiencies noted shall be corrected upon receipt of notice from the Planning Director, either following the annual inspection or when the deficiency becomes known to the Planning Director or owner of the solar energy system. 3.2 Procedure for Level 4 Solar Energy System Development Approval A. Level 4 Solar Energy Systems Requiring Conditional District Rezonings Level 4 solar energy systems are allowed only in a conditional zoning district and include individualized development conditions along with development plans. In all conditional zoning districts in which Level 4 solar energy systems are allowed, no proposed solar energy system shall proceed with construction until it has been submitted to and approved by the Planning Director or his/her designee and as evidenced by an approved Person County Zoning Permit in accordance with the provisions of this ordinance. B. Conditional District (CD) Rezonings Process. Applications for a conditional district rezoning to include a Level 4 Solar Energy System use are submitted and reviewed in accordance with Person County Planning Ordinance Section 154 (entitled “Conditional District (CD) Rezonings”) and require a complete Application for CD-Rezoning Map Amendment accompanied by a site plan. In addition to the application requirements in Person County Planning Ordinance Section 154, applications for a conditional district rezoning to include a Level 4 Solar Energy System must also comply with the following: 1. The application must be submitted 45 days prior to the Planning Board meeting at which the application will be reviewed. Within 10 days of receiving a complete application, the Planning Director or his/her designee shall provide a copy of the application to the County Fire Marshall for his/her review and comment, if any. 2. A site plan shall be submitted as part of the conditional district rezoning application and made a condition. In addition to the standards listed in the Person County Planning Ordinance Commercial and Industrial Site Plan Requirements, the site plan must, at a minimum, show the following*: i. A narrative describing the proposed solar energy systems, including an overview of the project and estimated megawatt output of the project, ii. Planned location of each solar array and accessory equipment. iii. The front, rear, and side setbacks of the solar array and accessory equipment. iv. Buffer areas with description. 40 17 177280269.1 v. Horizontal and vertical (elevation) scaled drawings with dimensions of proposed solar accessory equipment, as well as the approximate number of solar panels included. vi. Location where wiring is brought together for inter-connection to the system components and/or the local utility power grid, and location of disconnect switch. vii. Location of any onsite battery storage systems/units. * Solar energy systems in the Neuse watershed may require additional materials. 3. The application must also specify any additional conditions proposed. All those regulations which apply to the corresponding general use zoning district are the minimum requirements in the conditional district. Any conditions proposed should include greater restrictions on development and use of the property than would apply in the corresponding general use district. 4. The application shall state the maximum size of the proposed Level 4 solar energy system use, as measured around the exterior perimeter of the panels (outside of the buffer area). 5. The application shall specify whether sheep grazing will be used for vegetation removal. 6. The following information shall also be included in the conditional district rezoning application: i. A copy of the lease agreements with each property owner and any access and utility easements. Lease agreements shall have a provision that describes how the agreement may be renewed. Identifying information, as defined in North Carolina General Statute §14-113.20(b), and proprietary information may be redacted. ii. Evidence that the electrical utility provider has established an agreement/contract with the solar energy system owner to install an interconnected system. Any customer-owned generator (off grid systems) shall be exempt from this requirement. iii. A Phase 1 Environmental Site Assessment prepared by a duly licensed professional in the State of North Carolina. 41 18 177280269.1 C. Level 4 Solar Energy System Development Approval A. Zoning Permit for Level 4 Solar Energy Systems. In all conditional zoning districts in which Level 4 Solar Energy System is an allowed use, no proposed solar energy system shall proceed with construction until a Zoning Permit application has been submitted to and approved by the Planning Director or his/her designee in accordance with the provisions of this ordinance. A Zoning Permit application for a Level 4 Solar Energy System must comply with all conditions of the conditional zoning district, including the approved site plan, and must include the following: a. If onsite battery storage systems are to be used, documentation regarding the type and quantity of battery storage units and configurations is required. Any battery storage technology that contains PFAS (Polyfluoroalkyl substances) must be noted in the application. If the project intends on using PFAS-containing battery storage technology, a containment plan and a separate decommissioning plan from the plan described below must be submitted for approval. If the battery-decommissioning plan includes recycling as a method for disposition of the spent batteries, the name of the recycling facility permitted to accept PFAS-containing batteries must be provided. If the project does not intend to use PFAS-containing batteries, certification from the battery manufacturer must be provided stating that the batteries used do not contain PFAS. b. Fire Prevention and Emergency Response facilities shall be installed by the solar energy system owner and approved by the Person County Fire Marshal to include, at a minimum, the following: 1. Chemical fire suppressants shall be located and properly stored at each battery storage area and transformer as directed by the County Fire Marshal. 2. An Emergency Response Plan consistent with all applicable Federal Emergency Management Agency guidelines shall be prepared by the solar energy system owner and approved by the County Fire Marshal. 3. The 50’ area in between the edge of the buffer and the panels shall be maintained and inspected on an annual basis (see Section 3.1-i) to ensure that emergency vehicles can adequately access the perimeter of the site. 42 19 177280269.1 c. Other relevant studies, reports, certifications, information, documents and approvals as may be reasonably requested by the County to ensure compliance with this ordinance. Recognizing the unique environmental challenges of a solar energy system, studies that may be required under this paragraph may include but are not limited to the following: 1. Field surveys for all State or Federal listed species that are protected under State or Federal Law; 2. Geologic reports mapping and describing geological resources such as bedrock outcrops, groundwater recharge zones, seeps, springs and general characterization of groundwater resources; 3. Surface water resources including wetlands; 4. Site specific soil surveys to include information on prime farmland soils as classified by the USDA Natural Resources Conservation Service, hydric soils and hydric components of non-hydric soil series, soil erodibility, agricultural suitability and site in dex for growing timber; 5. Environmental constraints analysis; 6. Other studies of the project site, receiving waters, and adjacent or nearby natural and environmental resources as may be requested by any County agency. B. Level 4 solar energy systems may also require the following additional approvals, as applicable: a. Approval from Person County Environmental Health or the City of Roxboro Public Works. b. Addressing from Person County GIS. c. Decommissioning Plan submitted to Person County Planning and Zoning. d. Building permit application and building plans for Person County Building Inspections. C. Following completion of construction, all Level 4 solar energy systems shall submit the following: a. A final as-built survey shall be submitted to the Planning Director. b. A letter of certification from a North Carolina licensed engineer indicating that the inverter noise shall not exceed the lower of 3dBA Leg (1 HR) above preconstruction 43 20 177280269.1 background or 40 Leg (1 HR) dBA, measured at any property line during output that exceeds 95% rated capacity from the facility. D. Following submission and approval of the final as-built survey, Level 4 solar energy systems must receive an approved final zoning inspection performed on-site by the Person County Planning and Zoning Department prior to receiving their Certificate of Occupancy. Properties located in the Neuse watershed may require additional materials prior to receiving their Certificate of Occupancy. 3.2 3.3 Penalties for Violations Any person, firm, corporation, or other entity who constructs, maintains or operates, or who controls the maintenance of a solar energy system in violation of this Ordinance shall be guilty of a misdemeanor and subject to prosecution, and if convicted, shall be punished by a fine not to exceed $500, or by imprisonment not to exceed 30 days, or both, in the discretion of the court. Each day that said solar energy system is constructed, maintained or operated in violation of this Ordinance shall constitute a separate and distinct offense. 3.3 3.4 Severability Should any provision of this Ordinance be declared by any court, administrative body, or board, or any other governmental body or board, to be unconstitutional, invalid, preempted, void, or otherwise inapplicable for any reason, such decision shall not affect the validity of this Ordinance as a whole or any part thereof other than the part so decided to be unconstitutional, invalid, preempted, void, or otherwise inapplicable. 3.4 3.5 Variance A variance from the provisions of this Ordinance may be authorized by the Board of Adjustment provided that all of the following criteria are met: a) Unnecessary hardship would result from the strict application of the Ordinance. It shall not be necessary to demonstrate that, in the absence of the variance, no reasonable use can be made of the property. b) The hardship results from conditions that are peculiar to the property, such as location, size, or topography. Hardships resulting from personal circumstances, as well as hardships resulting from conditions that are common to the neighborhood or the general public, may not be the basis for granting a variance. 44 21 177280269.1 c) The hardship did not result from actions taken by the applicant or property owner. The act of purchasing property with knowledge that circumstances exist that may justify the granting of a variance shall not be regarded as a self-created hardship. d) The requested variance is consistent with the spirit, purpose, and intent of the Ordinance, such that public safety is secured, and substantial justice is achieved. 3.5 3.6 Effective Date This Ordinance was duly adopted by the Board of Commissioners of Person County, North Carolina on the 5th day of October 2020 and revised on the 7th day of February 2022. Gordon Powell, Chairman Date Person County Board of Commissioners Attested by: Brenda B. Reaves, Clerk to the Person County Board of Commissioners 45 46 Drucilla Johnson October 27, 2024 Re: Proposed Solar Ordinance Text Amendment and Hyco Solar Dear Chairman Puryear and Fellow County Commissioners, I am writing to express my strong support for the proposed solar ordinance text amendment and Hyco Solar facility in our county. As a resident of Person County for 87 years, I am deeply invested in the development and the transition to clean energy sources for my grandchildren and great grandchildren. The development of this solar facility represents a significant step forward for our county, offering numerous benefits that align with our community’s goals. I believe the solar facility will provide clean, renewable energy that can help reduce our reliance on fossil fuels. This project is also going to bring economic benefits to our community. The construction and operation of the solar facility will create local jobs, stimulate economic growth, and generate tax revenue. It is crucial that we support low-impact development that fosters economic development without burdening county resources. I understand that some concerns may arise regarding land use and the potential impact on local wildlife. However, I believe that with proper planning and environmental safeguards, we can mitigate these concerns. The chosen location for the solar facility appears to be prepared for such development, and I trust that the planning team will implement best practices to protect our local ecosystem. In conclusion, I fully support the proposed Hyco Solar facility and urge the commissioners to approve this project. It represents a forward-thinking approach to energy production that benefits our environment, our economy, and our community. Thank you for your consideration. Sincerely, Drucilla P. Johnson 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 Exhibit C AN ORDINANCE AMENDING THE PERSON COUNTY SOLAR ENERGY SYSTEM ORDINANCE TO DEFINE LEVEL-4 INSTALLATIONS WHEREAS, an application was filed to amend the language of the Person County Solar Energy Systems ordinance to create a Level 4 installation upon approval of a conditional zoning request, and WHEREAS, The Person County Planning Board advertised and conducted a public hearing on that request on August 14, 2025, and WHEREAS, The applicant and members of the public in attendance at the hearing all presented information to the board members, and WHEREAS, The Planning Board member deliberated but had a split vote on the amendments and therefore sent no recommendation to the Board of County Commissioners, and WHEREAS, A public hearing was noticed and advertised for the October 6, 2025 Board of County Commissioner meeting to consider the application, NOW THEREFORE, be it ordained by the Person County Board of Commissioners that following: Section 1. The Table of Contents is amended to add “Level 1, 2, and 3” before the word “Solar” in Section 3.1, a new Section 3.2 is created named “3.13.2 Procedure for Level 4 Solar Energy System Development Approval,” and the subsequent section are renumbered to reflect the new section. Section 2. References to North Carolina Statute 153A is replaced with 160D everywhere it appears in the ordinance. Section 3. Section 1.5.h, Solar Energy System definition, is amended to specify that 4 levels are defined, subsection 3 is amended to add “but no greater than one hundred (100) acres” for Level 3 and new subsection 4 is added to read “4.Level 4 Solar Energy System (SES) – Ground mounted systems greater than one hundred (100) acres.” Section 4. Table 2.1 is amended to included “CD=Conditional Zoning” in the legend, add Level 4 as a type and indicate it requires CD in each zoning district. The table is further amended to reflect CD for Level 2 systems in the RC district and CD for Level 3 systems in the B2 and RC districts. 64 Section 5. Table 2.2 is amended to add Level four as a type and require 200’ setbacks in each zoning district. The table is further amended to establish 200’ setbacks for Level 2 systems in RC and Level 3 systems in B2 and RC districts. Section 6. The asterisk note after Table 2.2 is amended by adding “for human consumption” after the word “well.” Section 7. The language “and 4” is added throughout the ordinance where either Level 1, 2, and 3 and currently listed or where Level 2, and 3 are currently listed. The “add” preceding any “3” is also deleted. Section 8. Section 2.3 is amended by adding subsection “c” to read “No Level 4 solar energy system shall be located within one (1) linear mile of an existing Level 3 or Level 4 solar energy system, measured from property line to property line.” Section 9. Article 3 is amended to add Section 3.2 as follows: 3.2 Procedure for Level 4 Solar Energy System Development Approval A. Level 4 Solar Energy Systems Requiring Conditional District Rezonings Level 4 solar energy systems are allowed only in a conditional zoning district and include individualized development conditions along with development plans. In all conditional zoning districts in which Level 4 solar energy systems are allowed, no proposed solar energy system shall proceed with construction until it has been submitted to and approved by the Planning Director or his/her designee and as evidenced by an approved Person County Zoning Permit in accordance with the provisions of this ordinance. B. Conditional District (CD) Rezonings Process. Applications for a conditional district rezoning to include a Level 4 Solar Energy System use are submitted and reviewed in accordance with Person County Planning Ordinance Section 154 (entitled “Conditional District (CD) Rezonings”) and require a complete Application for CD- Rezoning Map Amendment accompanied by a site plan. In addition to the application requirements in Person County Planning Ordinance Section 154, applications for a conditional district rezoning to include a Level 4 Solar Energy System must also comply with the following: 1. The application must be submitted 45 days prior to the Planning Board meeting at which the application will be reviewed. Within 10 days of receiving a complete application, the Planning Director or his/her designee shall provide a copy of the application to the County Fire Marshall for his/her review and comment, if any. 2. A site plan shall be submitted as part of the conditional district rezoning application and made a condition. In addition to the standards listed in the Person County Planning Ordinance Commercial and Industrial Site Plan Requirements, the site plan must, at a minimum, show the following*: i. A narrative describing the proposed solar energy systems, including an overview of the project and estimated megawatt output of the project, 65 ii. Planned location of each solar array and accessory equipment. iii. The front, rear, and side setbacks of the solar array and accessory equipment. iv. Buffer areas with description. v. Horizontal and vertical (elevation) scaled drawings with dimensions of proposed solar accessory equipment, as well as the approximate number of solar panels included. vi. Location where wiring is brought together for inter-connection to the system components and/or the local utility power grid, and location of disconnect switch. vii. Location of any onsite battery storage systems/units. * Solar energy systems in the Neuse watershed may require additional materials. 3. The application must also specify any additional conditions proposed. All those regulations which apply to the corresponding general use zoning district are the minimum requirements in the conditional district. Any conditions proposed should include greater restrictions on development and use of the property than would apply in the corresponding general use district. 4. The application shall state the maximum size of the proposed Level 4 solar energy system use, as measured around the exterior perimeter of the panels (outside of the buffer area). 5. The application shall specify whether sheep grazing will be used for vegetation removal. 6. The following information shall also be included in the conditional district rezoning application: i. A copy of the lease agreements with each property owner and any access and utility easements. Lease agreements shall have a provision that describes how the agreement may be renewed. Identifying information, as defined in North Carolina General Statute §14-113.20(b), and proprietary information may be redacted. ii. Evidence that the electrical utility provider has established an agreement/contract with the solar energy system owner to install an interconnected system. Any customer-owned generator (off grid systems) shall be exempt from this requirement. iii. A Phase 1 Environmental Site Assessment prepared by a duly licensed professional in the State of North Carolina. C. Level 4 Solar Energy System Development Approval A. Zoning Permit for Level 4 Solar Energy Systems. In all conditional zoning districts in which Level 4 Solar Energy System is an allowed use, no proposed solar energy system shall proceed with construction until a Zoning Permit application has been submitted to and approved by the Planning Director or his/her designee in accordance with the provisions of this ordinance. 66 A Zoning Permit application for a Level 4 Solar Energy System must comply with all conditions of the conditional zoning district, including the approved site plan, and must include the following: a. If onsite battery storage systems are to be used, documentation regarding the type and quantity of battery storage units and configurations is required. Any battery storage technology that contains PFAS (Polyfluoroalkyl substances) must be noted in the application. If the project intends on using PFAS-containing battery storage technology, a containment plan and a separate decommissioning plan from the plan described below must be submitted for approval. If the battery-decommissioning plan includes recycling as a method for disposition of the spent batteries, the name of the recycling facility permitted to accept PFAS-containing batteries must be provided. If the project does not intend to use PFAS-containing batteries, certification from the battery manufacturer must be provided stating that the batteries used do not contain PFAS. b. Fire Prevention and Emergency Response facilities shall be installed by the solar energy system owner and approved by the Person County Fire Marshal to include, at a minimum, the following: 1. Chemical fire suppressants shall be located and properly stored at each battery storage area and transformer as directed by the County Fire Marshal. 2. An Emergency Response Plan consistent with all applicable Federal Emergency Management Agency guidelines shall be prepared by the solar energy system owner and approved by the County Fire Marshal. 3. The 50’ area in between the edge of the buffer and the panels shall be maintained and inspected on an annual basis (see Section 3.1-i) to ensure that emergency vehicles can adequately access the perimeter of the site. c. Other relevant studies, reports, certifications, information, documents and approvals as may be reasonably requested by the County to ensure compliance with this ordinance. Recognizing the unique environmental challenges of a solar energy system, studies that may be required under this paragraph may include but are not limited to the following: 1. Field surveys for all State or Federal listed species that are protected under State or Federal Law; 2. Geologic reports mapping and describing geological resources such as bedrock outcrops, groundwater recharge zones, seeps, springs and general characterization of groundwater resources; 3. Surface water resources including wetlands; 4. Site specific soil surveys to include information on prime farmland soils as classified by the USDA Natural Resources Conservation Service, hydric soils and hydric components of non-hydric soil series, soil erodibility, agricultural suitability and site index for growing timber; 67 5. Environmental constraints analysis; 6. Other studies of the project site, receiving waters, and adjacent or nearby natural and environmental resources as may be requested by any County agency. B. Level 4 solar energy systems may also require the following additional approvals, as applicable: a. Approval from Person County Environmental Health or the City of Roxboro Public Works. b. Addressing from Person County GIS. c. Decommissioning Plan submitted to Person County Planning and Zoning. d. Building permit application and building plans for Person County Building Inspections. C. Following completion of construction, all Level 4 solar energy systems shall submit the following: a. A final as-built survey shall be submitted to the Planning Director. b. A letter of certification from a North Carolina licensed engineer indicating that the inverter noise shall not exceed the lower of 3dBA Leg (1 HR) above preconstruction background or 40 Leg (1 HR) dBA, measured at any property line during output that exceeds 95% rated capacity from the facility. D. Following submission and approval of the final as-built survey, Level 4 solar energy systems must receive an approved final zoning inspection performed on-site by the Person County Planning and Zoning Department prior to receiving their Certificate of Occupancy. Properties located in the Neuse watershed may require additional materials prior to receiving their Certificate of Occupancy. Section 10. Article 3 is further amended to renumber all subsequent sections to accommodate the added language. Section 11. Any ordinance or resolution inconsistent with this ordinance is hereby repealed. Adopted this 4th day of August, 2025. Chairman Person County Board of Commissioners Attest: Michele Solomon, Clerk to the Board 68 Solar Energy System Ordinance amendments TEXT AMENDMENT TA –07 –25 69 Solar Energy Systems Ordinance amendments Introduction •The Solar Energy System ordinance is freestanding & separate from the Planning Ordinance. •This amendment was filed by a private developer of solar energy systems to meet their interests to develop facilities larger than 100 acres to allow them to sell energy to public utilities. •The proposal creates a 4th type of system that requires a Conditional Zoning application and allows for the application of conditions. •No specific site is under review at this time. •The Planning Board conducted a public hearing in August, but were split in their final vote. 70 Solar Energy Systems Ordinance amendments Text format •The ordinance version in your packet shows the requested changes with: •New language in Red font. •Language to be deleted with strikethrough font. •Language added in response to requests from the Planning Board in Highlighted Red Font. •The Planning Board’s recommendation was a split vote, so amendments they suggested are not binding on the Commissioners. Other adjustments are also allowable. 71 Solar Energy Systems Ordinance amendments Sample motions The text amendment is complete and ready for decision by the Board of Commissioners. A motion to approve could be worded as follows:“I hereby move to adopt the amendments to the Solar Energy Systems Ordinance,(TA -07-25),and find it consistent with the adopted Person County &City of Roxboro Joint Comprehensive Land Use Plan, specifically, Guiding Principle 2: Facilitating Sustainable Economic Growth and 2.7.Provide utility infrastructure to support economic growth.” A motion to deny could be worded as follows :“I hereby move to deny the amendments to the Solar Energy Systems Ordinance,(TA -07-25),and find it inconsistent with the adopted Person County &City of Roxboro Joint Comprehensive Land Use Plan because it does not support any of the Guiding Principles in the document.” 72 Solar Energy Systems Ordinance amendments Text Amendment TA-07-25 Thank You 73 © 2025 Fox Rothschild Catherine Hill –Fox Rothschild Cypress Creek Renewables Harrison Cole –Associate Director Mike Storch –Manager of External Affairs Text Amendment Request Person County Solar Energy System Ordinance 74 •Describe text amendment request •Discuss basics of conditional district rezonings •Cypress Creek –provide more information about reason & need for this text amendment request Summary of Presentation 75 •Adopted October 2020 (last amended February 2022) •Incorporated into Person County Planning Ordinance in the principle use table •Allows 3 levels of SES •Level 1 –ground mounted less than ½ acre (+ roof-mounted, building integrated, covering permanent parking lots) •Level 2 –ground mounted ½ acre to less than 10 acres •Level 3 –ground mounted 10 acres to 100 acres Current SES Ordinance 76 •Create a new Level 4 SES (anything over 100 acres) •Require conditional district rezoning for Level 4 SES •Conditional district must include a site specific development plan •Define process to apply for conditional district rezoning to allow a Level 4 SES Proposed Text Amendment 77 •All requirements that apply to Levels 1-3 are the minimum requirements for Level 4 (setbacks, buffering, etc.). Additional and/or increased requirements may be imposed via individual zoning conditions. •Level 4s subject to a 1-mile separation from all Level 3s and Level 4s. (Currently 7 Level 3s in County) •Size cap and additional requirements handled by conditions imposed in each individual rezoning More details 78 Exhibit A to Narrative 79 •Type of zoning district expressly allowed by state statute (N.C.G.S. 160D-703) •One in which “site plans or individualized development conditions are imposed.” •Tailor-made zoning district with conditions that apply only to the property subject to the rezoning request •Conditions •Wide variety of potential conditions (See UNC SOG Article by David Owens) •Agreed upon by both the property owner and County •Binding on use and development of property within conditional district Conditional District Rezonings 80 •Discretionary decision. No entitlement (different than administrative decision or SUP) •Final decision made by Board of Commissioners after review and recommendation from Planning Board •Based on broad considerations •Health, safety and welfare of the public •Consistency with the Comprehensive Plan •Whether request is reasonable and in the public interest Conditional District Rezonings Process 81 •Requirements in Planning Ordinance for Conditional District Applications apply. •Additional application requirements: •Site plan •Specify any additional conditions -must be greater restrictions on development and use than what would ordinarily apply •Must submit 45 days prior to Planning Board meeting at which it will be reviewed. •Copy of application provided to County Fire Marshal for review/comment •If conditional district rezoning is approved –must still apply for and obtain a zoning permit from Planning Department prior to commencing development Process to Apply (as Proposed) 82 •Consider whether the text amendment is consistent with the comprehensive or other land-use plan officially adopted by Person County (N.C.G.S. 160D-605(a)) •Not deciding today whether any particular project should be approved. Cypress Creek has not submitted an application for a solar project. •Steps in Process: •Text Amendment Application •Planning Board •Board of Commissioners (where we are now) •Conditional District Rezoning Application (if text amendment is approved) •Submit application (45 days prior to Planning Board) •Planning Board •Board of Commissioners •Zoning Permit Application (if conditional district rezoning approved) •Submit application •Staff review and decide Board of Commissioners Review ofText Amendment Request 83 •Planning Theme –Employment and Economy •Guiding Principle # 2 –Facilitating Sustainable Economic Growth •Principle 2.7 –provide utility infrastructure to support economic growth •Guiding Principle # 3 –Building a Strong and Vibrant Community Consistency with Comprehensive Plan 84 •HB 951 created opportunities for Independent Power Producers (IPPs) •Need to exceed 100-acre cap to take advantage of this opportunity •Letters of Support Motive & Need for Text Amendment 85 Questions? 86 September 15, 2025 1 PERSON COUNTY BOARD OF COMMISSIONERS September 15, 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, September 15, 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 Commissioner Wilborn and carried 5-0 to approve the agenda with the addition of Item #9E- Access Road Rehabilitation Project Contract and Item #9F- Call for Planning Board Public Hearings to be added under new business and the removal of Item #9B- Vaya Update. RESOLUTION IN APPRECIATION OF RETIREE MELINDA HUDSON Chairman Puryear read and presented a Resolution of Appreciation for Retiree Melinda Hudson, recognizing her thirty years of service to Person County. A motion was made by Commissioner Royster and carried 5-0 to approve a Resolution of Appreciation for Retiree Melinda Hudson. Melinda Hudson stated that she was grateful for the thirty years that she has worked for the County, and that she felt blessed. 87 September 15, 2025 2 88 September 15, 2025 3 RECOGNITION OF PERSON COUNTY SCHOOLS/NORTHERN MIDDLE SCHOOL FOR THE GOLDEN LEAF SCHOOLS INITIATIVE Commissioner Royster recognized and congratulated the Person County Board of Education, leadership, faculty, and students of Northern Middle School, for being one of the fifteen schools selected in NC to receive the Golden LEAF Schools Initiative Award. She stated that this award focuses on mathematics in the schools and preparing students in middle school so they will be ready once they enter into the workforce. She stated that earlier this year, she had the honor to tour Northern Middle School, along with the Board of Education, State Representative Ray Jeffers, and Senator Graig Meyer. Person County Board of Education Chair Freda Tillman expressed thanks to the Board of Commissioners for their recognition on behalf of Person County School Superintendent Dr. Rodney Peterson and the Person County Board of Education. She stated that the Board of Education would also like to thank the Board of Commissioners for the support that they have received to be able to carry out plans for Person County Schools. PUBLIC HEARING: FY27 COMMUNITY TRANSPORTATION PROGRAM FUNDING APPLICATION A motion was made by Vice-Chairman Thomas and carried 5-0 to open the duly advertised public hearing for FY27 Community Transportation Program Funding Application. Transportation Director Mitch Fleig presented. He stated that his department has a staff of nine full-time and thirteen part-time transit specialists, as well as four full-time administrative staff, all of whom joyfully serve the residents of Person County. He stated that in FY25, PATS accommodated over 54,000 trips and drove over 385,000 miles amongst the fourteen vans and buses. He stated that the mission of PATS is to provide safe, friendly, and reliable transportation to the citizens of Person County utilizing the most efficient manner possible to increase mobility and support a livable community. He stated the purpose of the hearing was to bring before the Board for approval the FY27 Community Transportation Program Application. He stated that the Community Transportation program grants are divided into two categories. He stated that the Administrative Project, which consists of $208,260, with a 15% local match, would be $31,239 for the local share. He stated that the Combined Capital Grant, which is to be used for the purchase of three replacement vehicles, as well as some technology updates, is $363,600, with a 10% local match, would be $36,360. 89 September 15, 2025 4 Fleig stated that the total for both projects is $571,860, and the local share for the County would be $67,599. He stated that the Transportation Advisory Board met on June 4, 2025, and recommended the submittal of the application for these funds. He stated that he is asking the Board for approval of the grant submittal and the use of the local funds noted in the FY27 Community Transportation Program Application. There were no individuals that appeared before the Board to speak in favor of or in opposition to FY27 Community Transportation Program Funding Application. A motion was made by Commissioner Long and carried 5-0 to close the public hearing for FY27 Community Transportation Program Funding Application. CONSIDERATION TO GRANT OR DENY A motion was made by Chairman Puryear and carried 5-0 to approve the FY27 Community Transportation Program Funding Application. INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Dr. Kevin Lee, President of Piedmont Community College (PCC), stated that he is speaking today on behalf of PCC. He stated that on the agenda is an item for consideration from the Board for PCC to sublease approximately 5,000-6,000 square feet of the 90,000 square-foot South Campus. He stated that this opportunity is in conjunction with Zachry and Duke Energy. He stated that PCC’s goal is to provide opportunities for the students that would otherwise not exist, as well as breaking down barriers for the students in order for them to obtain jobs. He stated that through this partnership, Zachry will be hiring approximately 1,000 workers. He stated that this is a unique opportunity for PCC to create a pipeline for students, while being on the PCC South Campus. He asked the Board to consider this opportunity, as it would be great for PCC, as well as the community. Connee White of 327 Lochridge Drive, Roxboro stated that she is a Board of Trustee member for PCC. She encouraged the Board to vote in favor of PCC subleasing part of the PCC South Campus to Zachry. She stated that the proximity for the students to Zachry is definitely a win-win situation, as Zachry can assist students with soft skills, such as interviewing and professionalism and provide mentorship as well as possible future employment. She stated that the Board of Trustees sees Zachry at the South Campus as an enhancement, a compliment to PCC’s mission of preparing students for their first job and future pay raises. 90 September 15, 2025 5 Charles Harvey of 426 Holly Springs Drive, Timberlake stated that on behalf of PCC Board of Trustees, he wishes to express his support for Zachry’s proposal to sublease space at PCC’s South Campus. He stated that this arrangement will benefit PCC academically. He requested the Board’s approval to proceed with this initiative. Julie Maybee of 1037 Younger Road, Roxboro stated that she is here to express support of the acquisition of the rail trail lands in Person County. She stated that it would help boost economic development in the area, bring connectivity to the neighborhoods in the commercial areas, and it is consistent with the Person County & City of Roxboro Joint Comprehensive Land Use Plan that was adopted in 2021. Colin Wurster of 1970 Whitt Town Road, Roxboro stated that he is in support of the acquisition of the railroad corridor and acquisition. He provided a personal memory from when he was a child, riding his bicycle down the road. He stated that the roads are not safe today for children. He stated that the trail matters because it is a safe controlled space for children to travel and play, as well as adults to get outside and be with their children in a safe, controlled manner. He stated that this corridor is going to happen, as far as he can tell, no matter what. He stated that the choices are between letting Person County control the land in Person County or letting some outsiders manage it, for instance Durham. He stated that we need to be involved for our children and our families and to keep control of Person County by Person County, and if we do not take the wheel, someone else will. Jeff Kisner of 200 Semora Road, Roxboro stated that it has been a privilege to live in Roxboro for the past ten years, as he relocated from Pennsylvania to escape harsher winters and to be closer to his grandchildren. He stated that he is in favor of the bike trail. He stated that he has mobility issues and bicycling has been a life-changer for him. He stated that it has aided in losing seventy pounds over the past couple of years and has improved his quality of life. He stated that he has to travel at least forty minutes to have access to the nearest greenway. He stated that most who are opposed probably have never walked or ridden on a greenway. Janna Kisner of 200 Semora Road, Roxboro stated that she is a member of Friends of the Park and supports the bike trial. She stated that she enjoys bicycling. She stated that when she moved here in 2016, she was disappointed that Person County did not have a greenway. She stated that she and her husband scour the map to find greenways in other nearby places to ride their bikes. She stated that she realizes people fear the proposed greenway and have been misinformed. She stated that from her experience as a woman, she has bicycled miles and miles by herself in multiple states and has never once felt threatened by any activity on a greenway. 91 September 15, 2025 6 Kisner stated that she has not seen any criminal activity, vandalism, or trespassing off the greenways. She stated that people are there with their families, walking dogs, and riding bicycles, and young athletes are training. She stated that this is a much-needed and worthy investment in the economic development of Person County and urged the Board to proceed with the land purchase. Christy Harris of 268 Cardens Cove Road, Timberlake stated that she was told that someone from DOT would be at the meeting and that she would be able to ask questions. She stated that she and her husband are huge hikers, and they have been hiking all over the United States. She stated that she is opposed to the trail mainly for safety issues as she has six grandchildren. She stated that the trail will be twenty feet from her bedroom window. She stated that she cannot safely send a six-year-old outside with people she does not know hiking twenty foot from her bedroom window. She stated that she has an HOA, and that they do not want people parking on their privately maintained road that she and other residents in her neighborhood pay for. She stated that they do not want that, and it will not be happening, and that she wants it on the record that they do not want their road used for people to park and to not be used at all. She stated that a surveyor showed up and was surveying land, twenty feet of her bedroom window and newly added sunroom. She stated that she feels the grant was done illegally, and she is opposing this trail. Ronald Booker, Chair of the Facilities, Buildings, and Grounds Committee for PCC stated that he is in support of the sublease at the PCC South Campus. He stated that the committee sees this as an incredible opportunity. Linda Dickerson of 292 Cardens Cove Road, Timberlake stated that she is against the rail trail. She stated that she has safety concerns related to the trail. She stated that people want to know where the money is actually coming from, and are taxpayers going to have to pay for any of this. She had concerns about the upkeep and maintenance and who would be responsible. 92 September 15, 2025 7 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Wilborn and carried 5-0 to approve the Consent Agenda with the following items: A. September 2, 2025 Minutes B. Budget Amendment #5 C. Animal Services Ordinance Amendment D. 2025 Eno-Haw Regional Hazard Mitigation Plan E. Creative Economic Development Consulting Agreement F. SUP-02-25 – Written Decision Approving Special Use Permit Application G. A Resolution by the County of Person to direct the Expenditure of Opioid Settlement Funds H. Resolution Amending the 2025 Schedule of Regular Meetings for the Person County Board of Commissioners NEW BUSINESS: PIEDMONT COMMUNITY COLLEGE SUBLEASE County Manager Katherine Cathey stated that PCC is requesting to sublease part of the PCC South Campus Building, formally referred to as the CHATT Building to Zachry Group, who will be using the space for interviewing and hiring candidates for newly created jobs in Person County. She stated that Duke Energy recently awarded the engineering, procurement, and construction contract for the first, Person County Combined Cycle Project to Zachry. She stated that the County is the owner of the building and currently leases it to PCC, and that Section 11.1 of the Agreement states that “The College may not assign or sublease the Leased Property, in whole or in part, without the prior written consent of the County, which consent shall not be unreasonably withheld.” Jody Blackwell, Dean of Technical and Manufacturing Programs at PCC presented the following, provided by Zachry: 93 September 15, 2025 8 94 September 15, 2025 9 95 September 15, 2025 10 96 September 15, 2025 11 Beth Townsend, Director of the East Region for Duke Energy’s Government and Community Relations, thanked the Board for considering this opportunity. She stated that when Zachry first approached Duke Energy about locating a hiring center in Person County, they discussed potential locations, and her initial temporary thought would be the Small Business Center. She stated that as further discussions occurred, Zachry needed something long-term. She stated that she spoke with Blackwell about the possibility of utilizing the South Campus. She stated that this is a win-win for the students, for the college, for the company, and for the community. She stated that she hopes the Board will consider this option for both Duke Energy and for Zachry. 97 September 15, 2025 12 Russ Horton, Project Director for Zachary for Person County stated that Zachry is breaking ground today on the project. He stated that they have a local subcontractor in NC that will be doing a lot of the site civil work. He stated that there is a lot of excavation and fill. He stated that this project is going to be located right next to the current operating Roxboro Steam Plant. He stated that they will be there from today through 2029. He stated that if Duke elects to move forward with a second project, which would be adjacent to this one, they will be there through 2030. He stated that it is a great opportunity for Zachry, and they are excited to partner with Person County and Roxboro. He stated that Zachry will be here for quite a while, therefore they want to be a good neighbor, and for them to be successful, they will need to hire a considerable amount of people, roughly 800 people, if both projects are going. He stated that this is a natural gas facility that would generate 1,300 megawatts of electricity, which is more than the current Steam Plant or Coal Plant. He stated that if Zachry builds both of them, that is about 2,600 megawatts of electricity, and they would replace the Coal Plants. He stated that this would be more efficient and much cleaner energy. He stated that the Coal Plants will shut down once this starts operating; therefore, it is a win-win for the community. He stated that Zachry is looking at doing work outside of this area, in NC, so employees that join this project would have the opportunity to travel to different work areas in NC with Duke Energy and Zachry. He thanked the Board for considering this option. Commissioner Wilborn asked if PCC and Zachry had come to agreeable terms for the sublease. Blackwell stated no, that there are options that they need to discuss, to include pricing. He stated that they brought this before the Board to obtain approval so that they could potentially move forward. Wilborn stated that it sounds very complimentary for the space and to bring on the jobs and investment. A motion was made by Commissioner Wilborn and carried 5-0 to authorize the County Manager to provide the County’s written consent to PCC to enter into a sublease agreement with Zachry. 98 September 15, 2025 13 PERSON COUNTY MULTIMODAL FEASIBILITY STUDY AND 501 RAILROAD CORRIDOR ACQUISITION UPDATE Chairman Puryear stated that this item is for informational purposes only, and that he asked for this item to be placed on the agenda. He stated that there would be no action taken by the Board on this item and that he felt it necessary and important to clear up some misconceptions around this item. Recreation, Arts, and Parks Director John Hill stated that talks about the acquisition of the railroad corridor pre-date him. He stated that he has been here a little over 26 years, and this has been going on for several decades. Hill presented the following: 99 September 15, 2025 14 100 September 15, 2025 15 101 September 15, 2025 16 102 September 15, 2025 17 Commissioner Long thanked Hill for all the work that he has done over the years and for his presentation. 103 September 15, 2025 18 STRATEGIC PLAN QUARTERLY REPORT County Manager Katherine Cathey presented the final quarterly report for FY25, which ended June 30, 2025. She stated that the Board was provided, in the agenda packet, quite a bit of detail for progress made over the course of the year for the variety of goals and objectives that were set for the strategic plan. She stated that the Board did vote to do some revisions to the strategic plan for the current fiscal year. She stated that the County will have incorporated those into the reporting tool and will be reporting back to the Board on progress made in the first quarter, as we are nearing the end of that in the near future. She stated that she is very proud of all the work that all the departments did over the previous fiscal year. She stated that she is working to carry out the vision and the mission that was set by the Board, and implementing the budget for the fiscal year and applying those funds to the County’s priorities. Commissioner Wilborn asked, when would the County start on the Feasibility Study for the facilities. Cathey advised that General Services Director Ray Foushee is drafting an RFP for that and will be done in the near future. Wilborn stated that it is a Facilities Assessment, not a Feasibility Study, to which Cathey replied, that it is the Comprehensive Facilities Assessment for the County. Wilborn stated that she was excited about that one, and Cathey echoed her sentiment. Commissioner Royster stated that she appreciates the hard work from staff to accomplish some of these goals on the strategic plan. No action was taken by the Board on this matter. ACCESS ROAD REHABILITATION PROJECT CONTRACT County Manager Katherine Cathey stated that the County has the opportunity to commence the Access Road Rehabilitation Project at Raleigh Regional Airport in Person County. She stated that the contractor would like to get started on October 1, 2025. She stated that this project will rehabilitate the airport property road that begins once state maintenance ends on Montgomery Drive. She stated that the County has been looking forward to doing this project for quite a while. She stated that the project was bid twice, and Fred Smith Company of Raleigh provided the only responsive bid. She stated that staff and airport engineers worked with Fred Smith Company to bring the total cost down to what the County had previously projected would be available. She stated that the County has funding through the Airport Infrastructure Grant that they have saved up for several years, that could be used towards this project. She stated that the County may need some of the FY26 funding to go towards it, and if that is the case, they will request it. She stated that NC DOT has approved the use of this funding for this project, but the County does not actually have the money in hand yet. 104 September 15, 2025 19 Cathey stated that there is money available within the Airport Construction Fund to go ahead and start on the project, then the County could reimburse itself with the Airport Infrastructure Grant when it comes in. She asked the Board to award the contract to Fred Smith Company in the amount of $675,274 and authorize her to execute the contract, pending legal review, as she does not actually have the contract in hand. She stated that the County worked with Fred Smith Company on the most recent project that was completed at the airport, which was the Runway Rehabilitation, and staff was very pleased with their work. Commissioner Long stated that since his family owns a paving company, he is recusing himself from voting on this matter. A motion was made by Commissioner Royster and carried 4-0 to formally recuse Commissioner Long from this vote. A motion was made by Commissioner Wilborn and carried 4-0 to award the contract to Fred Smith Company and authorize the County Manager to execute the contract, following legal review. CALL FOR PLANNING BOARD PUBLIC HEARINGS Interim Planning Director Margaret Hauth stated that at the Planning Board meeting on September 11, 2025, the Planning Board discussed potential Planning Ordinance Text Amendments and considered whether to call a Public Hearing for the following, pending support and approval from the Board of Commissioners: Short Term Rentals- to define short term rentals and indicate the approval process for various types RV Parks- to define/allow Camper/RV Parks in the Rural Conservation district by right and maintain the Special Use Permit requirement for other districts Permitted Use Table Consolidation and New Definitions-to consolidate language from the Automobile Graveyard Ordinance, Mobile Home Park Ordinance, and Sexually Oriented Business Ordinance Consolidation and Organization- to organize the existing language for improved usability She stated that some of the Commissioners had previously expressed an interest in a Planning Ordinance Text Amendment to move Special Use Permits decisions from the Board of Commissioners to the Board of Adjustment. She referenced NC General Statute 160-D as it relates to Quasi-Judicial Zoning Decisions. 105 September 15, 2025 20 Chairman Puryear stated that he has never heard the Board of Commissioners approving the Planning Board having a Public Hearing. County Attorney T.C. Morphis, Jr. stated that in some local governments the process is that the governing board starts by setting the Public Hearing and they indicate to the Planning Board whether they, the Board of Commissioners, wish to proceed with these or not. He stated that this is an unusual process but provided for in the Ordinance. Commissioner Wilborn stated that she would like for this to move forward to Public Hearing with the Commissioners. She stated that Hauth has put a lot of work into this, and it is very straightforward and clean. She stated that she would like for this to move forward with the Commissioners and not go through the Planning Board, as when the Planning Board holds a Public Hearing, people sign up to speak, and then when the hearing is held by the Commissioners, these same people do not come to speak, as they may not know they need to. She stated that if Hauth is saying that it is required to have a Public Hearing before both boards, that she is in favor of moving forward and having this placed for Public Hearing by the Planning Board at their October meeting, as Hauth will be leaving in November. Commissioner Long stated that he is in agreement with Wilborn, and as Commissioners, if they do not attend the Planning Board meetings, they do not hear what individuals signed up to speak are talking about and how they really feel about it. A motion was made by Commissioner Wilborn and carried 5-0 for the following to go before the Planning Board for Public Hearing at their October meeting: Short Term Rentals RV Parks Permitted Use Table Consolidation and New Definitions Consolidations and Organization Special Use Permits CHAIRMAN’S REPORT Chairman Puryear stated that he attended the 40th anniversary celebration for Person Industries. He stated that there was great attendance at this event and stated that he appreciates the leadership and dedication that staff has done currently and over the years. MANAGER’S REPORT County Manager Katherine Cathey echoed Puryear and stated that it was a great event and that the County is excited to have the new facility open. 106 September 15, 2025 21 COMMISSIONER REPORTS/COMMENTS Vice-Chairman Thomas and Commissioner Wilborn had no report. Commissioner Royster stated that she attended Patriot’s Day on September 6 and it was an inspirational ceremony. She encouraged all not to forget those who lost their lives, those who sacrificed, and the families that were impacted by the events on September 11. Commissioner Long thanked the Person County School Board and Dr. Peterson on their award. He stated that Person County is lucky to have Dr. Peterson as their Superintendent. He asked for prayers for the Marc Hamric family, who has a connection to Person County through his spouse Tina Grinstead Hamric. He stated that Marc was an employee of the NC Marine Fisheries Commission and was named Employee of the Year in 2024 by the NC DEQ for his outstanding work in coastal conservation. He stated that the Hamrics reside in Atlantic Beach, NC. He stated that Marc died a hero, in the line of duty, saving his work associate last week during rough weather conditions. He stated that he is proud to call Marc his friend. He stated that he would like to revisit the Rural Conservation versus Rural Development designation from the last Board meeting. He stated that he would like to take responsibility for misinterpreting the question and discission that had taken place with the Planning Board. He stated that he feels Rural Development is a more accurate description than Rural Conservation. He stated that the City of Roxboro elections are about to begin. He stated that he watched the City Election Forum this past week. He stated that the candidates discussed their visions for Roxboro and the city’s need for large water customers for economic development and utilization of their water and sewer infrastructure. He stated, which brings him to taxes, economic development, and Microsoft. He stated that everyone is entitled to their opinion and if you as a citizen want to pay less taxes, have better paying jobs, then they need to voice their opinion in support of Microsoft coming to Person County. He stated that Microsoft is a responsible worldwide company, and that Person County is fortunate that they have purchased the Mega Site. He stated that he does not have any information on Microsoft’s plan for Person County. He stated that it would be proprietary information and that Microsoft would not want to share with their competitors, just as no other business would. He stated that he has a strong desire to work with Microsoft and will welcome them with open arms, and any other corporations willing to make investments in Person County, to grow our tax base and create good paying jobs. He stated that he is unapologetic for it. He stated that he is a constitutionalist, and that he believes in the constitution. He stated that he believes our government has to work for everyone. He stated that this is why we are about to celebrate 250 years of the United States of America. He stated that this past week, we all experienced an attack on our Freedom of Speech. He stated that he remembers where he was when he learned of the assassination of President Kennedy, his brother Robert Kennedy, Malcolm X, and the Reverend Dr. Martin Luther King. 107 September 15, 2025 22 Long stated that they were all great Americans. He stated that assassinations have no place anywhere in the world, but more especially in our republic, regardless of political party. He stated that he prays for our country, our republic, and Christians and other faiths everywhere in the world. He asked all to join him in a moment of silence for Person County, the great State of NC, and for America. Commissioner Wilborn stated that she would like to respond to some of the comments made by Long. She stated that she attended the NC Association of County Commissioners Conference, and it was said that over the next ten years, a trillion dollars of federal funding is going to get cut, which is what comes down to the state and counties. She stated that NC has adopted a plan where our corporate income tax will go down to zero by 2030. She stated that grant money is drying up. She stated that all the things that we have to fund as counties, if we do not steadfastly pursue economic development and investment, is going to come from individual property taxes. She stated the vote on the Rural Development versus Rural Conservation was an economic development vote. She stated that there was no change to the permitted uses in that district right now. She stated that you can have anything from Residential to Industrial. She stated that Polywood and Louisiana Pacific are in that district. She stated that she does not think anybody would ride down that corridor and say that does not look like a rural area. She stated that those industries, specifically Louisiana Pacific, could not be located inside the city, as they need to be out there and have some buffer for what they do. She stated there was no change to use, and nothing that would make it less conserved or more developed. She stated it was just to give it an accurate name. She stated that where that comes up the most is when the Director has an RFI and she does not get a chance to explain to somebody what Rural Conservation means and what all the uses are that you can do. She stated that it goes in a spreadsheet that gets compared with a lot of other places that have more accurately named districts. She stated that she regrets that she was not here for that meeting, and she had shared all this with the other Board members once she knew she was not going to be in attendance for the meeting. She stated that the County needs to steadfastly pursue industry recruitment. She stated that we have got to be developing sites and have to be recruiting. She stated that she has seen at least three small businesses announce closure lately and is aware of a couple more that may have not announced yet. She stated that it is a trickle- down effect. She stated that is what she ran for Commissioner for, and that is what she supports. She stated that it is for the individual citizens of Person County not to have to bear the burdens of what we are facing in the future when all those other tax revenues that fund these grants go away. A motion was made by Commissioner Wilborn and carried 5-0 to enter into Closed Session at 10:40 a.m. 108 September 15, 2025 23 CLOSED SESSION A motion to enter into Closed Session per General Statute 143-318.11(a)(5) to establish, or to instruct the public body's staff or negotiating agents concerning the position to be taken by or on behalf of the public body in negotiating (i) the price and other material terms of a contract or proposed contract for the acquisition of real property by purchase, option, exchange, or lease; or (ii) the amount of compensation and other material terms of an employment contract or proposed employment contract with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C. Morphis, Jr, and Economic Development Director Brandy Lynch. Chairman Puryear called the closed sessions to order at 10:41 a.m. A motion was made by Commissioner Wilborn and carried 5-0 to return to open session at 10:58 a.m. ADJOURNMENT A motion was made by Commissioner Wilborn and carried 5-0 to adjourn the meeting at 11:00 a.m. ____________________________ ______________________________ Michele Solomon Kyle Puryear Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 109 10/6/2025 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 3,500 Public Safety 6,058 Culture and Recreation 1,500 Transportation 3,173 Contingency (3,500) REVENUES General Fund Other Revenue (63,459) FBA 74,190 EXPENDITURES Airport Construction Project Fund 615,790 REVENUES Airport Construction Project Fund Federal Grant 585,000 Local Funding 30,790 Explanation: Account Number Account Description $Revenues incr. (decr.) (cr.) dr. $Expenditures incr. (decr.) dr. (cr.) 1009910-499300 Contingency-Prop & Liab Insurance (3,500) 1004122-445000 Human Resources-Insurance 3,500 10090-399991 General Fund-FBA 74,190 100-389890 Misc Revenues (74,190) 100-389890 Misc Revs: Insurance Proceeds 6,058 1004370-435300 EMS: Maint & Repair/Vehicles 6,058 100-389890 Misc Revs: Insurance Proceeds 3,173 1004520-435300 PATS: Maint & Repair/Vehicles 3,173 100-389890 Misc Revs: Damage Proceeds 1,500 1006120-435100 P&R: Maint & Repair/Bldg & Grounds 1,500 BUDGET AMENDMENT #6 Transferring from Contingency/Property and Liability (-$3,500) to Human Resources ($3,500) for employee bond coverage expenditures; reducing miscellaneous revenues (-$74,190) for certain insurance claims recognized in BA-5 and appropriating fund balance ($74,190) as the source of funds for vehicle and building damage expenditures that will be repaired in the current year; recognizing insurance proceeds for vehicle damage repairs in Emergency Medical Services ($6,058) and Person Area Transport Services ($3,173); applying reimbursement for damage to Bushy Fork playground equipment ($1,500) and recognize receipt of grant award from DOT ($585,000) that requires a local match ($30,790) for rehabilitation of terminal access road. BUDGET ADJUSTMENT DETAIL 110 40035-380096 Airport-Federal Grant 47.18.19 Access Rd Rehab 585,000 40035-380286 Airport-Grant 47.18.19 Access Rd Rehab 30,790 4004530-551886 Airport-47.18.19 Access Rd Rehab-Expense 615,790 Totals 626,521 626,521 111 10/6/2025 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 418,857 Public Safety 834,834 Economic and Physical Development 38,980 Environmental Protection 59,442 Transportation 572,563 Cultural & Recreation 275,405 Human Services 694,136 REVENUES General Fund Intergovernmental Revenues 1,331,368 Fund Balance Appropriated 1,562,849 EXPENDITURES Capital Investment Reserve Fund School Lottery Expense (403,006) School Capital Expense 66,143 REVENUES Capital Investment Reserve Fund School Lottery Proceeds (403,006) Fund Balance Appropriated 66,143 EXPENDITURES Person Industries & MRF Fund Community Rehab Program Svcs 6,137 REVENUES Person Industries & MRF Fund Fund Balance Appropriated 6,137 EXPENDITURES Emergency Telephone System Fund 107,698 REVENUES Emergency Telephone System Fund Fund Balance Appropriated 107,698 EXPENDITURES Water & Sewer Reserve Fund 654,648 REVENUES Water & Sewer Reserve Fund Fund Balance Appropriated 654,648 EXPENDITURES Stormwater Fund 64,129 REVENUES Stormwater Fund Fund Balance Appropriated 64,129 Explanation: BUDGET AMENDMENT #7 Carryforward of purchase orders and commitments outstanding as of June 30, 2025. The amount of fund balance appropriation for the General Fund ($1,562,849) required for outstanding commitments is significantly less by $1.8M compared to the prior year. This is primarily due to completion of various projects in FY25, reducing the number of ongoing projects. Some highlights of purchase commitments include ambulances and PATS vehicles, DSS imaging and data storage services, and remaining contractual funds for the Register of Deeds' Digital Imaging Project. Carrying forward remaining grant proceeds ($1,331,368) to cover purchases associated with PATS vehicles, Sheriff's BVP equipment, Emergency Service's Tier II and RACE CAR services, Soil & Water Department's StRAP Grant, various programs provided by the Health Department, Parks & Recreation's PARTF Project for the County Farm Park, and ITS-DPS/Cybersecurity activites. Reducing the amount of advanced budget for School Lottery projects (- $403,006) to agree with amount necessary to cover remaining project expenditures. Fund balance for carryforwards in the Other Funds ($898,755) decreased by $458,906 as compared to the prior year, largely from the completion or spenddown of projects in FY25 such as the North Park Site Project in the Economic Catalyst Fund, regular capital projects for the Schools and PCC, contractual commitments to the City of Roxboro for the Western Sewer Project in the Water & Sewer Reserve Fund, and the IAIA Project in the Stormwater Fund. 112 BUDGET DETAIL Account Number Account Description $Revenues incr. (decr.) (cr.) dr. $Expenditures incr. (decr.) dr. (cr.) PO Carryforwards: General Fund: 10090-399991 General Fund-FBA 1,204,382 10035-337231 PATS-Capital Grant 498,664 100-4122-431400-20-County-wide Training 900 100-4130-419000-20-Professional Services 3,500 100-4130-431100-20-Travel-Meetings/Conferences 805 100-4130-431300-20-Employee Training 6,071 100-4170-431100-20-Travel-Meetings/Conferences 719 100-4170-431200-20-Board Member Expense 1,797 100-4180-430120-20-Contracted Services-ARPA 161,347 100-4260-420000-20-Supplies & Operating Expenses 4,888 100-4260-430000-20-Contracted Services 3,000 100-4260-435100-20-Maint & Repair/Bldg & Grounds 1,325 100-4260-444000-20-Service & Maint Contracts 6,004 100-4310-421200-25-Uniforms 5,202 100-4310-431100-25-Travel-Meetings/Conferences 3,933 100-4310-435300-25-Maint & Repair/Vehicles 2,331 100-4310-449500-25-Payments to Other Govt 8,030 100-4325-420000-25-Supplies & Operating Expenses 9,680 100-4325-421200-25-Uniforms 4,097 100-4325-430000-25-Contracted Services 30,000 100-4325-435200-25-Maint & Repair/Equipment 24,271 100-4330-425000-25-Automotive Fuel 238 100-4330-426080-25 Spec Supp/Serv-CBCG Grant 2024 14,905 100-4330-428780-25-EM-Technology Project 5,320 100-4330-428880-25-Emergency Mgmt Performance Grt 14,000 100-4330-430000-25-Contracted Services 25,400 100-4330-431300-25-Employee Training 1,500 100-4330-434000-25-Printing/Copying 1,450 100-4330-435200-25-Maint & Repair/Equipment 5,000 100-4370-420000-25-Supplies & Operating Expenses 21,572 100-4370-421200-25-Uniforms 7,581 100-4370-423100-25-Medical Supplies 29,455 100-4370-430104-25-Qtly IGT Payments 47,081 100-4370-431300-25-Employee Training 4,000 100-4370-435300-25-Maint & Repair/Vehicles 17,316 100-4370-454000-25-Cap Out Vehicles 484,714 100-4375-420000-25-Supplies & Operating Expenses 3,098 100-4375-421200-25-Uniforms 1,045 100-4375-435200-25-Maint & Repair/Equipment 970 100-4375-446000-25-Cap Out $750 To $4999 1,133 100-4380-419000-25-Veterinary Services 1,058 100-4380-420000-25-Supplies & Operating Expenses 2,454 100-4520-435300-35-Maint & Repair/Vehicles 18,492 100-4521-454000-35-Cap Out Vehicles 554,071 100-4915-430000-40-Contracted Services 750 100-4920-419000-40-Professional Services 2,000 100-4920-430000-40-Contracted Services 31,430 100-4920-437000-40-Advertising 4,800 100-5700-435100-50-Maint & Repair/Bldg & Grounds 100 100-6120-420080-55-Special Program Supplies 990 100-6120-425500-55-PARTIF-County Farm Grant 10,440 100-6120-435100-55-Maint & Repair/Bldg & Grounds 5,096 100-6121-420000-55-Supplies & Operating Expenses 990 100-6121-435100-55-Maint & Repair/Bldg & Grounds 47,978 100-6122-420050-55-JCPC Program Expenditures 2,250 100-6122-430000-55-Contracted Services 15,855 113 100-6122-434000-55-Printing/Copying 665 100-6122-435100-55-Maint & Repair/Bldg & Grounds 9,800 100-6122-437000-55-Advertising 1,350 100-6123-435100-55-Maint & Repair/Bldg & Grounds 28,699 100-6140-435100-55-Maint & Repair/Bldg & Grounds 100 10590-399991 Fleet Fund-FBA 2,344 105-4125-435300-20-Maint & Repair/Vehicles-Enterprise 1,969 105-4125-454000-20-Cap Out Vehicles 375 10790-399991 Comm Dev Proj Fund-FBA 21,300 107-4270-559811-20-Mayo Park-Picnic Shelter-Cabins 21,300 11090-399991 ITS Fund-FBA 158,047 110-4121-425200-20-Dept Tech Requests 94,147 110-4121-426510-20-Cybersecurity 38,000 110-4121-435200-20-Maint & Repair/Equipment 21,400 110-4121-446000-20-Cap Out $750 To $4999 4,500 14090-399991 Reapp Fund-FBA 11,065 140-4141-430000-20-Contracted Services 11,065 15090-399991 Public Library-FBA 246 150-6110-444000-55-Service & Maint Contracts 56 150-6110-456100-55-Audiovisuals 190 19090-399991 DSS Fund-FBA 20,085 190-5310-426050-50-Spec Supp/Serv-Data Storage 18,985 190-5310-431100-50-Travel-Meetings/Conferences 1,100 Other Funds: 23090-399991 PI/MRF Fund-FBA 2,020 230-5281-435200-45-PI/MRF-Maint & Repair/Equipment 2,020 26090-399991 E911 Telephone Fund-FBA 107,698 260-4325-455000-25-Cap Out Equip $5000+ 107,698 62090-399991 Stormwater Fund-FBA 64,129 620-4820-430000-45-Contracted Services 40,800 620-4820-449902-45-Reserve/IAIA SW Projects 23,329 Other Carryforwards: General Fund: 10090-399991 General Fund-Fund Balance Appropriation (68,798) 10025-333240 Sheriff-BVP Grant 5,298 10025-335233 Tier II Grant 147 10025-335240 RACE CAR Grant 10,861 10035-337231 PATS-Capital Grant 498,664 10045-340335 Soil & Water-SWC StRAP Grant 75,000 10055-361370 PARTF-County Farm Grant 22,310 1004122-430000 HR-Contracted Services 21,093 1004310-455000 Sheriff-Capital Equipment 14,515 1004310-420000 Sheriff-Supplies 96 1004310-427610 Sheriff-BVP Grant 12,762 1004310-428110 Sheriff-Shop with the Sheriff 8,604 1004130-428115 Sheriff-Project Lifesaver 783 1004330-428700 Tier II Grant 147 1004330-428880 EMPG-Grant 47,886 1004370-428740 RACE-CAR Grant Program 10,861 1004375-421200 Fire Admin Uniforms 695 1004375-420000 Fire Admin Donation 100 1004380-420000 Animal Services-Donation 5,161 1004960-449910 Soil & Water-SWC District Grant 26,901 1004960-449920 Soil & Water-SWC District Grant-Equipment 16,433 1004960-449925 Soil & Water-SWC StRAP Grant Exp 75,000 1005200-462360 Mental Health-Community Projects 274,994 114 1006120-425500 PARTF-County Farm Grant 22,309 1006120-426120 County Farm-Duke Contrib 4,575 1006120-420000 Recreation Donation 57 1006121-420000 Mayo Donation 10 1006123-420000 Sportsplex Donation 500 11020-389896 ITS-DPS/Cybersecurity Grant 35,745 1104121-426511 ITS-DPS/Cybersecurity Grant 35,745 12050-369234 Health-Adult Health Grant 1,538 12050-369235 Health-Communicable Disease 177,622 12050-366330 Health-State Aid To Counties 5,519 1205110-420000 Health-Supplies 133 1205110-430000 Health-Contracted Services 183,141 1205110-437000 Health-Advertising 1,405 19090-399991 DSS Fund-Fund Balance Appropriation 214,178 1905310-426050 Spec Supp/Serv-Data Storage 85,296 1905310-446000 Cap Outlay $750 to $4999 2,403 1905310-455000 Cap Outlay Equipment $5000 + 9,286 1905380-506600 DSS-Special Children Adopt Fund 114,262 1905380-526000 Misc. General Assistance 697 1905380-537000 Foster Care Donations 2,183 1905380-537004 Foster Care-Shoes 51 Other Funds: 21090-399991 CIF Fund-Fund Balance Appropriation 66,143 2105911-462700 CIF Fund-School Capital 66,143 21060-359130 CIP-Lottery Proceeds (403,006) 2105911-462800 CIP-Lottery Expenditures (403,006) 23090-399991 Person Industries-FBA 4,117 2305280-420200 Person Industries-Work Force Awards 4,117 29090-399991 Western Sewer Expansion-FBA 654,648 2904920-459010 Western Sewer Expansion-Expense 654,648 Totals 3,389,966 3,389,966 115 AGENDA ABSTRACT Meeting Date: October 6, 2025 Agenda Title: Person County Schools’ Request for Lottery Project Application Approvals from the Public- School Building Repair & Renovation Fund Summary of Information: The school system is requesting approval of a project application that is in response to their Facility Needs Study and would be funded by the Public-School Building Repair & Renovation Fund. This fund was established by S.L. 2021-180, Section 4.4.(a1) which provides revenue to counties for school repair and renovation projects. As with the Public School Building Capital Fund, these applications require approval by both the Board of Education and Board of Commissioners before submittal to the Department of Public Instruction (DPI) and execution by the chair from each board once approved. The Person County Board of Education approved the attached application at their meeting on September 11, 2025, and it is now before the Board of Commissioners for consideration. The project request is: 1. Replace bathroom partitions at Northern Middle School ($55,000.00) Financial Impact: Request totals $55,000.00 in state funding for PCS school repair and renovation projects. Recommended Action: Approve school lottery application for the project requested to be submitted to the Department of Public Instruction. Submitted By: Tracy Clayton, Chief Financial Officer 116 117 AGENDA ABSTRACT Meeting Date: Oct. 6, 2025 Agenda Title: Person County Museum of History FY26 Funding Agreement Summary of Information: The Adopted Budget for FY26 includes an appropriation of $40,000 to the Person County Museum of History to be used toward public-facing expenses, including Capital Improvements, Facility Expenses, Programs/Events/Exhibits, and Public-Facing Operational Expenses. Financial Impact: Funding in the amount of $40,000 has been appropriated in the FY26 Adopted Budget for this purpose. Recommended Action: Approve the non-profit funding agreement. Submitted By: Katherine M. Cathey, County Manager 118 NORTH CAROLINA PERSON COUNTY MUSEUM OF HISTORY AGREEMENT This Agreement is made and entered into this 1st day of July, 2025, by and between Person County, North Carolina, a political subdivision of the State of North Carolina, hereinafter called “County,” and Person County Museum of History, a North Carolina nonprofit corporation, hereinafter called “Museum.” WHEREAS, the Museum executive director submitted a FY25-26 Budget Appropriation Request to continue the campus revitalization; and WHEREAS, the mission of the Museum is to collect, preserve, and present the artifacts and history of Person County under the supervision of the Board of Directors and to use these collections for exhibitions, educational programs and related activities for the benefit of Person County citizens and visitors; and WHEREAS, the Museum occupies multiple county-owned buildings on N. Main St. in Roxboro, the County maintains the exterior of all Museum buildings, and the Museum maintains the interiors of all buildings, in accordance with the Memorandum of Understanding between the Museum and the County, dated April 12, 2012; and WHEREAS, the Museum has determined that the requested funds are needed to assist in achieving its desire for long-term financial stability; and WHEREAS, numerous special projects can move the organization forward and toward the goal of self-sustainability but require seed funding to initiate; and WHEREAS, in order to offer a safe and welcoming campus to Person County residents and visitors, updates are required to safety infrastructure; and WHEREAS, a Museum budget request was submitted, requesting additional county financial support, falling under the county budget umbrella of cultural services, to be used for public- facing expenses, including Capital Improvements, Facility Expenses, Programs/Events/Exhibits, and Public-Facing Operational Expenses; and WHEREAS, the Board of Commissioners approved a one-time appropriation of $40,000 in the FY26 Adopted Budget; NOW, THEREFORE, the County agrees to provide a one-time appropriation of $40,000 to the Museum from FY26 budgeted funds, subject to the following provisions: 119 1. PURPOSE. The funds may be used only to support campus infrastructure updates and operational expenses, pursuant to the attached Appendix 1, that have been or will be paid by the Museum during its current fiscal year (ending June 30, 2026). 2. REPORTING. The Museum shall send a concise written report to the Person County Manager not later than August 15, 2026 including but not limited to the expenditure of county funds, number of patrons served, number of members, fundraising totals, and progress towards meeting the intent of this Agreement. 3. TERM AND TERMINATION OF AGREEMENT, POTENTIAL RETURN OF FUNDS. This Agreement is effective immediately upon execution, and will terminate on June 30, 2026, unless terminated sooner by mutual agreement in writing. 4. INSURANCE AND INDEMNITY. The Museum will maintain adequate liability, workers compensation and property insurance, and will provide certificates of insurance to the County if requested. The Museum agrees that it is acting as an independent contractor under this Agreement, and that its employees and contractors are not County employees. The Museum agrees that the County has no ownership interest in or operational responsibility for the Museum. The Museum will indemnify and hold harmless the County from any and all liabilities and costs arising out of the acts or omissions or negligence of the Museum to the extent, and only to the extent, of the one- time appropriation identified above. 5. INSPECTION OF FINANCIAL RECORDS. The Museum will allow access to its financial records if requested by the County, or the Museum will provide a report on payments made pursuant to this Agreement according to the format and level of detail specified by the County within 30 days following the execution of this Agreement. 6. COMPLIANCE WITH LAWS. The Museum agrees to comply with all applicable state and federal laws in its operations and to cooperate in a professional and productive manner with the partner agencies listed above. 7. NO ASSIGNMENT. The Museum agrees that this Agreement is not transferable or assignable, and that the appropriated funds may not be transferred to other entities, except for payments in accordance with sec. 1 above, without written consent of the County. 8. APPLICABLE LAW AND FORUM. This Agreement shall be construed under North Carolina law, and any action to enforce its provisions shall be filed in Person County in the General Court of Justice of North Carolina. 9. ENTIRE AGREEMENT. The Agreement constitutes the entire understanding of the parties. Any modification, amendment or rescission of this Agreement must be in writing signed by both parties. 120 PERSON COUNTY: _______________________________________ Kyle Puryear Date Chair, Board of Commissioners (SEAL) Attest: __________________________________ Michele Solomon, Clerk to the Board This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. ______________________________________ Tracy Clayton, Chief Financial Officer Date Approved as to legal form: _________________________________________ T.C. Morphis, Jr., County Attorney Date Person Count Museum of History _______________________________________ Carrie Currie, Executive Director Date Attestation and Seal if applicable: ____________________________________ 121 309 N. Main Street ∙ Roxboro, NC ∙ 27573 /P.O. Box 1792 ∙ Roxboro, NC ∙ 27573 336.597.2884 ∙ personcountymuseumofhistory@gmail.com ∙ www.pcmuseumnc.org February 10, 2025 Katherine Cathey Person County Manger 304 S. Morgan Street Room 212 Roxboro, NC 27573 Ms. Cathey, The Person County Museum of History (PCMH) values its partnership with Person County Government. We appreciate the support that has been provided over the years, including the recent allocaƟons that have enabled us to address campus infrastructure, community outreach and long-term sustainability. The museum is happy to provide a detailed report to the county regarding funding allocated for FY24-25 at any Ɵme, however I wanted to take this opportunity to highlight some of the ways the funding has impacted the museum this year. Capital Funding ($18,000) – Improved campus accessibility (General Store ramp in progress), funcƟonality (updates to the Long House to facilitate revenue generaƟon) and curb appeal Facility Funding ($15,000) – Addressed public facing needs of the campus including security, internet access and cleaning Programs & Event Funding ($5,000) – Supported public programming and events including but not limited to the free Person Pre-History event which welcomed nearly 200 guests to the museum campus and the annual Veterans Day observance Overhead Funding ($2,000) – Assisted the museum’s outreach via funding for general office expenses that are necessary to complete various community outreach iniƟaƟves PCMH has endeavored to expand its footprint in the community as part of its mission and in response to the addiƟonal support provided by the county. Beyond being free to the public, and free for Person County School field trips (public, charter and home school), the museum has developed partnerships with other local enƟƟes to support the ongoing development of Person County as a whole. These partnerships include: America 250 Person County - The museum execuƟve director sits on the steering commiƩee for this iniƟaƟve and will be creaƟng exhibits for our local commemoraƟon. In addiƟon, the museum applied for a state America 250 community grant to develop an online encyclopedia of Person County history which is sƟll pending. If awarded, this grant will expand collaboraƟons APPENDIX I 122 309 N. Main Street ∙ Roxboro, NC ∙ 27573 /P.O. Box 1792 ∙ Roxboro, NC ∙ 27573 336.597.2884 ∙ personcountymuseumofhistory@gmail.com ∙ www.pcmuseumnc.org with community groups and serve as a free resource for those looking to learn about Person County’s past and a tool for those who seek to preserve it. (NoƟficaƟons expected in February.) The Wall that Heals – The museum execuƟve director sits on the planning commiƩee for this special event, will be creaƟng a special exhibit regarding the Person County connecƟons to the Vietnam conflict and is coordinaƟng with The Courier=Times to draŌ a series of profiles of the men from Person County who were killed in acƟon serving their country. Person County EducaƟon FoundaƟon – The museum execuƟve director is a member of the board of this local organizaƟon that provides scholarships for Person County Students. FederaƟon of North Carolina Historical SocieƟes – The museum execuƟve director sits on the advisory board for this statewide organizaƟon that falls under the auspices of the North Carolina Department of Cultural and Natural Resources. This posiƟon enables the museum to increase its visibility statewide which in turn introduces a wider audience to the tourism opportuniƟes in Person County Roots and Wings – The museum is a regular community service site for students involved in the Roots & Wings program in Person County. This organizaƟon works hard to offer second chances to local youth to move beyond past choices and move toward a brighter future. The Person County Museum of History is dedicated to pursuing all avenues available to fund its operaƟons and programming. The board and staff understand that in a community of less than 40,000 people, resources are finite, and creaƟvity is a necessity. Financial support for the museum comes from the following: Annual Fund Campaign – In 2024, the museum surpassed its fundraising goal of $20,000 via the annual fund campaign. Each year it strives to push the goal farther and engage a wider base. Fundraising Events – Since 2023, the museum has hosted a series of fundraising dinners and teas that have proved successful both financially and in building excitement and support for museum programming. City of Roxboro Funding – Much like the relaƟonship between the museum and the county, the City of Roxboro annually allocates funds to support the museum. Other Sources – The museum giŌ shop, admission donaƟons, tribute brick sales and memorials contribute to annual fundraising goals. Grants – Most of the museum’s large-scale exhibits and programming are supported by grants. In 2024 the museum received grant support totaling nearly $27,000 from several granƟng agencies including: o Person County Tourism Development Authority - $16,800 for new lighƟng in several campus locaƟons (Capital Improvement of County FaciliƟes) o North Carolina HumaniƟes - $3,500 for our oral history project, Community Voices o FederaƟon of North Carolina Historical SocieƟes - $1,395 for revitalizaƟon of our African American Exhibit o North Carolina HumaniƟes – Spark! Places of InnovaƟon traveling Smithsonian Exhibit plus $5,000 for local programming The calendar year 2025 is already shaping up to be a producƟve one for the museum. In addiƟon to our regular work, which includes fundraising, digiƟzaƟon projects and community outreach, the museum will launch several revitalized spaces by the end of the year. These include our African American exhibit, 123 309 N. Main Street ∙ Roxboro, NC ∙ 27573 /P.O. Box 1792 ∙ Roxboro, NC ∙ 27573 336.597.2884 ∙ personcountymuseumofhistory@gmail.com ∙ www.pcmuseumnc.org American Indian exhibit (in collaboraƟon with the Sappony Tribe) and several other exhibits that will complete the second floor of the primary building on campus. We will also be creaƟng temporary exhibits to support local commemoraƟons including the Vietnam conflict, veterans service, America 250 programming and rural innovaƟon. All the work of the museum is completed with only one paid staff member and a collecƟon of dedicated volunteers. These volunteers bring to the table a lifeƟme of experience and the skills to assist in all aspects of museum operaƟons. Combined, PCMH volunteers give roughly 3,500 hours per year. At minimum, each volunteer hour in North Carolina is equivalent to $32. The work of our volunteers represents a $112,000 value, more than our annual operaƟng budget. As an organizaƟon, we understand that the county must determine the best use of public funds and ensure that those funds are going to support its residents. We firmly believe that the Person County Museum of History, its staff, board and volunteers, provide value to the community that cannot be quanƟfied just in dollars, but must also be measured in impact. PCMH is looking to partner with the Person County government to help bridge the gap, lending financial support for public facing capital, faciliƟes, and program expenses to augment the money the museum raises each year. PCMH serves as caretakers for the eight county-owned structures on the museum campus. These buildings range in age from 1810 to 1922 and represent various aspects of Person County history. Historic properƟes require constant upkeep and aƩenƟon to ensure they are protected from the elements and are safe for the public to enjoy. The museum is proud of the strong working relaƟonship between our staff and Person County General Services who oversee the upkeep of the property. Regular communicaƟon and the skills of our volunteer base allow us to stretch every dollar to ensure these structures will be available for generaƟons to come. In collaboraƟon with General Services, PCMH has idenƟfied a list of updates and improvements that must be addressed over the next few years to ensure the longevity of the property. Where possible, PCMH will pursue grant funding for preservaƟon projects as indicated on the chart below. Building/LocaƟon Project Priority Year Notes Long House Driveway Cut-In FY25-26 Before Spark! Exhibit 1/2026 Long House Interior PainƟng FY25-26 Before Spark! Exhibit 1/2026 Parsonage Exterior Outlets FY26-27 EsƟmate: $2,000 There are no exterior outlets on the building Parsonage Duct Cleaning & Mold RemediaƟon FY26-27 Possible Grant Opportunity Parsonage Hearth Repair FY26-27 Parsonage Interior PainƟng FY26-27 Doctor’s Office Ramp FY25-26 Doctor’s Office Window Reglazing FY25-26 Doctor’s Office Front Porch Repair FY25-26 Doctor’s Office Mold RemediaƟon FY25-26 Doctor’s Office Underpinning FY25-26 Kitchin House Updated LighƟng FY26-27 EsƟmated: $1,500, Downstairs 124 309 N. Main Street ∙ Roxboro, NC ∙ 27573 /P.O. Box 1792 ∙ Roxboro, NC ∙ 27573 336.597.2884 ∙ personcountymuseumofhistory@gmail.com ∙ www.pcmuseumnc.org Building/LocaƟon Project Priority Year Notes General Store Exterior Rot Repair FY26-27 General Store Interior PainƟng FY26-27 General Store Exterior PainƟng FY26-27 Barn Floor Reinforcement FY26-27 Possible Grant Opportunity Barn Updated LighƟng FY26-27 Possible Grant Opportunity Garage (Main Campus) Exterior Rot Repair FY25-26 Garage (Main Campus) Door Repairs FY25-26 Garage (Main Campus) ElectrificaƟon FY26-27 Schoolhouse Roof Repairs FY26-27 Possible Grant Opportunity Schoolhouse ElectrificaƟon FY26-27 Bell Tower Exterior PainƟng FY26-27 Bell Tower Exterior Rot Repair FY26-27 Gazebo Landscape Updates FY25-26 Gazebo Exterior PainƟng FY26-27 Campus Sprinkler Repairs FY25-26 *Please note, these are not all the necessary updates, but ones that need to be addressed in the Ɵmeliest manner. We respecƞully request that the Person County Board of Commissioners consider our request for $40,000 for FY2025-2026. The funds allocated would be used toward public-facing expenses and roughly break down to the following: $18,000 – Capital Improvements $15,000 – Facility Expenses $5,000 – Programs/Events/Exhibits $2,000 – Public Facing OperaƟonal Expenses We are happy to conduct tours of the property, present to the commissioners and/or provide addiƟonal informaƟon regarding this request. Many thanks, Carrie Currie ExecuƟve Director/PCMH Cc: PCMH ExecuƟve Board Person County General Services Director 125 AGENDA ABSTRACT Meeting Date: October 6, 2025 Agenda Title: Person County Health Department Fee Request Summary of Information: Person County Health Department’s (PCHD) proposed fee schedule amendments are associated with the COVID vaccinations, SPIKEVAX and MNEXSPIKE. The national payment allowance is adjusted annually. For the 25-26 season, the national payment allowance is $147.06 for the SPIKEVAX COVID vaccine 6mo – 11 years old, $161.65 for the SPIKEVAX COVID vaccine for 12 yrs and older, and $201.91 for the MNEXSPIKE COVID vaccine high risk 12 yrs-64 yrs and over 65 years old. The proposed fee language will allow PCHD to receive reimbursement for the administration of the COVID vaccination and the COVID vaccine by using the national payment allowance amount each year. The Board of Health approved the Fee Schedule Amendments on September 22, 2025, and in accordance with the North Carolina General Statute 130A-39(g), the Board of Health requests the approval of the Board of Commissioners to implement the proposed fees, which are attached. Financial Impact: Allows Person County Health Department to bill for COVID vaccination services using the national payment allowance. Recommended Action: Approve the recommended fees. Submitted By: Janet Clayton, Health Director 126 Description CPT Code Medicaid Rate Proposed Updated Notes SPIKEVAX COVID vaccine 6mo-11 yrs 91321 Fee set according to current national payment allowance. For the 25-26 season, the national payment allowance is $147.06. SPIKEVAX COVID vaccine 12 yrs and older 91322 Fee set according to current national payment allowance. For the 25-26 season, the national payment allowance is $161.65. MNEXSPIKE COVID vaccine high risk 12 yrs-64 yrs; Over 65 yrs 91323 Fee set according to current national payment allowance. For the 25-26 season, the national payment allowance is $201.91. Person County Health Department Fee Schedule Amendment Request 10.6.2025 127 AGENDA ABSTRACT Meeting Date: October 6, 2025 Agenda Title: Amendment to the Resolution Establishing 2025 Schedule of Regular Meetings for the Person County Board of Commissioners Summary of Information: Since the last amendment to the schedule of meetings on September 15, 2025, a need has arisen that necessitates a change. The Leadership Summit, facilitated by Creative Economic Development Consulting, LLC, will be a joint meeting with the Person County EDC and Roxboro City Council. The meeting will occur on October 30, 2025, at 4:00 p.m. in the Person County Office Building Auditorium. Financial Impact: None Recommended Action: Amended the Resolution Establishing 2025 Schedule of Regular Meetings for the Person County Board of Commissioners to include the additional meeting date of October 30, 2025. Submitted By: Michele Solomon, Clerk to the Board 128 ! ! ! !! ! ! ! ! ! ! !! ! sXNmPEo ÂfKÂW~~©tÂo²t²·²~ ,)E* ©~¨·©~®Âvt©z®ÂÂy®®~©¯Â³ÂzÂtª~·tª®y~{·~z ~~²Âu²Â~t®²Ây~Ât²DÂtz sXSmPEo²~Âj~©®ÂK·²ÀÂIt©zÂÂK®®~©®Â~~²®Â²®ÂK®° ©®ÂIt©z©Â& , ²~Âk~©®ÂK·²ÀÂiy~ÂJ·{Âyt²~{Ât²Â) *ÂoÂa©tÂo²©~~²ÂÂm¾w©Âg ÂKtªt ·~®®Â ²~©¼®~ ²~zÂx~¼Â sXQmPEo Âty²Â²~ÂIt©zÂÂK®®~©®Ât²Â²®Â~~´ÂÂ[t¸tÁÂ' Â& &- ² Âyt~²~ yt²Â²~ÂT~x©¹t©À 2 Â& &,ÂE·tÂm~²©~t²Â²Â²~Â^©xÀÂK·²·©tÂE©²®ÂL¡£~¿ Âyt²~zÂt²Â& )Âh atÂo² Âm¿v© ÂgK sXNmNEo ty²Â²~ÂItª{ÂÂK®®~ª®Ât²Â²®Â~~²ÂÂE¤ªÂ& Â& &, ²Âyt~²~ atÀÂ, & &,Ât{Â[·~Â& & &,Â~~²Âyt²Â²Â²~Âj~ª®ÂK·²ÀÂE·{²ª·Â WHEREAS, action of the Board of Commissioners at its meting on August 18, 2025, to change the September 2, 2025 meeting location to the Person County Auditorium. WHEREAS, action of the Board of Commissioners at its meting on September 15 2025, to change the October 6, 2025 meeting location to the Person County Auditorium. WHEREAS, action of the Board of Commissioners at its meeting on October 6, 2025, to add the Leadership Summit, a joint meeting with the Economic Development Commission, and the Roxboro City Council on October 30, 2025. N¼Â²~©~¢©~Âv~² nRoi`rOMÂvÀÂty²Â ²~Âl~©®ÂK·²ÀÂIt©|ÂÂK®®~ª® ²~¢½Âoy~{·~ m~·t©Âa~~²®ÂªÂ& &,®®~²Â ª²Ât®Â ¼7 \t·t©ÀÂ0Â& &, \t·t©ÀÂ&! & &,Âp·~®{tÀ U~x«»t©ÀÂ) Â& &, Vvª·t©À 2 Â& &, q·~±}tÀÂF·tÂm~²©~t²Â bt©yÂ) Â& &, ctªy 1 Â& &, G¥¬Â1Â& &, H§¬Â( Â& &, dtÀÂ, Â& &, etÀ 5 Â& &,  [º~Â& Â& &, \·~ 0 & 25  08 ¤ 49 Ât 0: ¤ 4; ÂtÂ_©vÀÂK·²·©tÂE«µ®ÂK¥~¿Â 0< ¤ 4= Ât 0> ¦ 4? Ât 0@ ¤ÂK·²ÀÂiy~ÂI·{ÂE·{²ª· 4A Ât % 0; ¦#$$ÂK·²ÀÂiy~ÂI·{ÂE·{²ª· 4B ÂtÂ129 July 21, 2025 August 4, 2025 August 18, 2025 September 2, 2025 (Tuesday) September 15, 2025 October 6, 2025 October 20, 2025 October 30, 2025 (Thursday) Leadership Summit November 3, 2025 November 17, 2025 December 1, 202 9:00 a.m. 6:00 p.m. 9:00 a.m. 6:00 p.m. *County Office Building Auditorium 9:00 a.m. 6:00 p.m. *County Office Building Auditorium 9:00 a.m. 4:00 p.m. *County Office Building Auditorium 6:00p.m. . . 9:00 a.m. 6:00 p.m. BE IT FURTHER RESOLVED that a copy of this Resolution shall be posted on the Board of Commissioners' bulletin board located outside the Commissioners' meeting room 215 of the County Office Building at least ten (I0) days before the first meeting to which it applies, and that the adopted Schedule of Meetings dates shall be posted on the County website and distributed with the Sunshine email group. Adopted this, the 6th day of October 202. BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB .\OH3XU\HDUChairPDQ Person County Board of Commissioners Attest: ____________________________BBBBB Michele Solomon NCCCC &OHUN to the Person County Board of Commissioners 130 AGENDA ABSTRACT Meeting Date: October 6, 2025 Agenda Title: Resolution Appointing Review Officers Summary of Information: NC General Statute 47-30.2 requires the Board of County Commissioners in each County, by resolution, appoint a person(s) to serve as a Review Officer to review each plat before it is recorded to certify that it meets statutory requirements for recording. Since the last Resolution was approved on June 6, 2025, there have been changes in county personnel that necessitate a new resolution. Financial Impact: None Recommended Action: Approve Resolution Appointing Review Officers Submitted By: Michele Solomon, Clerk to the Board 131 RESOLUTION APPOINTING REVIEW OFFICERS WHEREAS, S.L. 1997-309 (S875) made a number of significant changes in the procedures for recording maps and plats; and WHEREAS, the main purpose of the law is to transfer the responsibility for reviewing plats to determine whether they meet recording requirements from the Register of Deeds to a Review Officer; and WHEREAS, G.S. 47-30.2 requires the Board of County Commissioners in each County, by resolution, to appoint a person (persons) to serve as a Review Officer to review each plat before it is recorded and certify that it meets the statutory requirements for recording; WHEREAS, since the last Resolution was recorded, there has been changes in personnel which creates erroneous information as to the serving Review Officers; and WHEREAS, the desire of the Person County Board of Commissioners is to ensure the expeditious review of all maps and plats, as required by G.S. 47-30.2, prior to being presented and recorded by the Register of Deeds. NOW THEREFORE, BE IT RESOLVED, effective upon adoption of this resolution, that Margaret Hauth, Nishith Trivedi, John J. Jennings, Michie Brandon, Brooks Lockhart, Lauren Wrenn Johnson, and Gemeley Pool, are hereby appointed to perform all responsibilities as required of a Review Officer under the appropriate North Carolina General Statutes. BE IT FURTHER RESOLUTED, that a copy of this Resolution designating the Review Officers be recorded in the Person County Register of Deeds Office and indexed in the names of the Review Officers. This the 6th day of October 2025. _________________________________________ Kyle Puryear, Chairman Person County Board of Commissioners Attest: __________________________________________ Michele Solomon, NCCCC Clerk to the Person County Board of Commissioners 132 AGENDA ABSTRACT Meeting Date: October 6, 2025 Agenda Title: FY26 ROAP Distribution Authorization Summary of Information: To authorize the application for the FY26 ROAP funds from the state of North Carolina. Total amount of funds will be $166,040. Details of funds follow on next page. This requires no local match Financial Impact: File for funds already in budget Recommended Action: Authorize the County Manager to apply for the FY26 ROAP funds. Submitted By: Mitch Fleig, Public Transportation Director 133 CERTIFIED STATEMENT FY2026 RURAL OPERATING ASSISTANCE PROGRAM County of Person WHEREAS, the state-funded, formula-based Rural Operating Assistance Program (ROAP) administered by the North Carolina Department of Transportation, Integrated Mobility Division provides funding for the operating cost of passenger trips for counties within the state; WHEREAS, the county uses the most recent transportation plans (i.e., CCP, CTIP, LCP) available and other public involvement strategies to learn about the transportation needs of agencies and individuals in the county before determining the sub-allocation of these ROAP funds; WHEREAS, the county government or regional public transportation authorities created pursuant to Article 25 or Article 26 of Chapter 160A of the General Statutes (upon written agreement with the municipalities or counties served) are the only eligible recipients of Rural Operating Assistance Program funds which are allocated to the counties based on a formula as described in the Program Guidelines included in the ROAP State Management Plan. NCDOT will disburse the ROAP funds only to counties and eligible transportation authorities and not to any sub-recipients selected by the county; WHEREAS, the county finance officer will be considered the county official accountable for the administration of the Rural Operating Assistance Program in the county, unless otherwise designated by the Board of County Commissioners; WHEREAS, the passenger trips provided with ROAP funds must be accessible to individuals with disabilities and be provided without discrimination on the basis of national origin, creed, age, race, or gender (FTA C 4702.1B, FTA C 4704.1A, Americans with Disabilities Act 1990); and WHEREAS, the period of performance for these funds will be July 1, 2025 to June 30, 2026 regardless of the date on which ROAP funds are disbursed to the county. NOW, THEREFORE, by signing below, the duly authorized representatives of the County of Person North Carolina certify that the following statements are true and accurate: • The county employed a documented methodology for sub-allocating ROAP funds that involved the participation of eligible agencies and citizens. Outreach efforts to include the participation of the elderly and individuals with disabilities, persons with limited English proficiency, minorities and low-income persons in the county’s sub- allocation decision have been documented. • The county will advise any sub-recipients about the source of the ROAP funds, specific program requirements and restrictions, eligible program expenses and reporting requirements. The county will be responsible for invoicing any sub-recipients for unexpended ROAP funds as needed. • The county will monitor ROAP funded services routinely to verify that ROAP funds are being spent on allowable activities and that the eligibility of service recipients is being properly documented. The county will maintain records of trips for at least five years that prove that an eligible citizen was provided an eligible transportation service on the billed date, by whatever conveyance at the specified cost. • The county will be responsible for monitoring the safety, quality, and cost of ROAP funded services and assures that any procurements by subrecipients for contracted services will follow state and federal guidelines. • The county will conduct regular evaluations of ROAP funded passenger trips provided throughout the period of performance. • The county will only use the ROAP funds to provide trips when other funding sources are not available for the same purpose or the other funding sources for the same purpose have been completely exhausted. 134 • The county will notify the Regional Grant Specialist assigned to the county if any ROAP funded services are discontinued before the end of the period of performance due to the lack of funding. No additional ROAP funds will be available. • The county will provide an accounting of trips and expenditures in monthly reports to NCDOT – Integrated Mobility Division or its designee. Back-up documentation is required to support the monthly reports, failure to provide documentation will affect future disbursements. The June report will be considered the annual report. • Any interest earned on the ROAP funds will be expended for eligible program uses as specified in the ROAP application. The County will include ROAP funds received and expended in its annual independent audit on the schedule of federal and state financial assistance. Funds passed through to other agencies will be identified as such. • The county is applying for the following amount of FY2026 Rural Operating Assistance Program funds: *The total amount of allocated funds are identified in the Total Disbursement (columns L-O) on the allocation table. The amount of requested funds cannot exceed the amount of allocated (disbursed) funds listed in the application table. Funds are allowed to be transferred to ROAP programs as needed, according to transfer criteria. Transfers must be recorded in the monthly ROAP report in the month transferred. State-Funded Rural Operating Assistance Program Allocated*(Disbursed) Requested Elderly and Disabled Transportation Assistance Program (EDTAP) 75,779 75,779 Employment Transportation Assistance Program (EMPL) 9,864 9,864 Rural General Public Program (RGP) 80,397 80,397 TOTAL 166,040 166,040 WITNESS my hand and county seal, this day of , 20 . Signature of County Manager/Administrator Signature of County Finance Officer Printed Name of County Manager/Administrator Printed Name of County Finance Officer State of North Carolina County of County Seal Here 135 AGENDA ABSTRACT Meeting Date: October 6, 2025 Agenda Title: Veterans Council First Responder Memorial Summary of Information: Person Veterans Council has proposed a First Responder Memorial to be placed at the Huck Sansbury Complex. Here is a summary of the proposal submitted by Alan Whitlow, President, Person Veterans Council: We believe such a tribute to our first responders is well overdue. We also believe that a significant majority of the population would support building a memorial to honor our dedicated first responders. Person Veterans Council received support from the Recreation Advisory Board during their June meeting and is now presenting the proposal to the Board of Commissioners for approval. We also ask this board to partner with us in covering the costs associated with building the proposed memorial. Our initial cost estimate for this project is $4,000. Our ask from Person County, in addition to project approval, is for a one-time contribution of $1,000. Financial Impact: $1,000 is requested. Funding is available in the FY26 Undesignated Contingency budget, which has a balance of $130,275. Recommended Action: Receive presentation by President Whitlow and consider site location and funding request. Submitted By: Brian Hart, Assistant County Manager 136 137 138 139 140