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HomeMy WebLinkAbout09-21-2026 Agenda Packet BOCPERSON COUNTY BOARD OF COUNTY COMMISSIONERS MEETING AGENDA 304 South Morgan Street, Room 215 Roxboro, NC 27573-5245 336-597-1720 Fax 336-599-1609 September 21, 2026 9:00 a.m. This meeting will convene in Room 215 of the County Office Building. 1.CALL TO ORDER........................................................................................Chairman Puryear 2.INVOCATION 3.PLEDGE OF ALLEGIANCE 4.DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA 5.RECOGNITION A.Resolution of Appreciation for Deputy Nicholas Martin (pgs.3-4).........Vice-Chair Wilborn 6.PUBLIC HEARING A.FY28 5311 Community Transportation Program Application (pgs.5-11)...........Mitch Fleig 7.INFORMAL COMMENTS The Person County Board of Commissioners has established a 10-minute period for informal comments, excluding matters scheduled for a public hearing. Time will be divided equally among those wishing to speak. Individuals must sign up with the Clerk to the Board; registration opens 30 minutes prior to the start of the meeting. 8.DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.September 8, 2026, Minutes (pgs.12-26) B.Budget Amendment #6 (pg.27) C.Budget Amendment #7 (pgs.28-30) D.Resolution to Name the John Eggleston Gym at Huck Sansbury Park (pgs.31-33) 1 9.NEW BUSINESS A.Person County Farmland Preservation Ordinance Amendment (pgs.34-72)............................................................................Nancy McCormick B.Advisory Board Policy (pgs.73-93)..............................................................Katherine Cathey C.American Rescue Plan Act (ARPA) Closeout Report (pgs.94-95)..............Katherine Cathey D.Recognition of Outgoing County Manager.................................. ...............Chairman Puryear 10.CHAIRMAN’S REPORT 11.MANAGER’S REPORT 12.COMMISSIONERS’ REPORTS/COMMENTS 13. EXECUTIVE SEARCH FIRM INTERVIEWS............................................Chairman Puryear 14.CLOSED SESSION A.Closed Session #1 per General Statute 143-318.11(a)(6) for the purpose to discuss personnel with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C. Morphis, Jr., and Human Resources Director Sonya Carver. 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 in matters related to the following lawsuit: Clayton v. Person County, 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 RESOLUTION HONORING DEPUTY SHERIFF NICHOLAS ALEXANDER MARTIN IN RECOGNITION OF HIS MILITARY SERVICE AND DEPLOYMENT IN SUPPORT OF OPERATION SPARTAN SHIELD WHEREAS, Nicholas Alexander Martin is a dedicated member of the Person County Sheriff's Office, having begun his service to the citizens of Person County as a Sworn Detention Officer on November 4, 2024; and WHEREAS, Deputy Martin successfully completed the North Carolina Basic Law Enforcement Training program and, on June 10, 2025, was sworn in as a Deputy Sheriff and Law Enforcement Officer with the Person County Sheriff's Office, demonstrating his commitment to protecting and serving the citizens of Person County; and WHEREAS, Deputy Martin also proudly serves his country as an enlisted member of the United States Army National Guard in the capacity of a Combat Medic, exemplifying the highest ideals of duty, service, courage, and selflessness; and WHEREAS, on June 17, 2026, Deputy Martin received official orders from the Department of the Army to be mobilized, activated, and deployed for a period of approximately 400 days beginning September 30, 2026, in support of Operation Spartan Shield; and WHEREAS, Deputy Martin's willingness to temporarily leave his duties as a Person County Deputy Sheriff to answer the call of duty to his nation is a profound example of the commitment and sacrifice made by members of the United States Armed Forces and their families; and WHEREAS, Deputy Martin's military service represents a continuation of his commitment to public safety and service, extending from protecting the citizens of Person County as a Deputy Sheriff to protecting the interests and security of the United States as a soldier of the United States Army National Guard; and WHEREAS, Deputy Martin's service and sacrifice are shared by his wife, Diana Anaya-Lepe, and their three children, Alexander, age 12; Cataleya, age 7; and Marbella, age 4, who will also experience the challenges and sacrifices associated with his extended absence; and 3 WHEREAS, the Person County Board of Commissioners recognizes that military service requires extraordinary dedication, courage, and sacrifice, and acknowledges the significant contribution made by Deputy Martin and his family in answering the call to serve our nation; and WHEREAS, the citizens of Person County are proud to have individuals such as Deputy Martin who have demonstrated a willingness to serve their community and country, and who embody the values of duty, honor, courage, commitment, and service before self; NOW, THEREFORE, BE IT RESOLVED, that the Person County Board of Commissioners, on behalf of the citizens of Person County, hereby recognizes and honors Deputy Sheriff Nicholas Alexander Martin for his dedicated service to Person County and his continued service to the United States of America as a member of the United States Army National Guard; and BE IT FURTHER RESOLVED, that the Person County Board of Commissioners expresses its sincere appreciation to Deputy Martin for his willingness to answer the call of duty and proudly serve our nation in support of Operation Spartan Shield; and BE IT FURTHER RESOLVED, that the Board extends its appreciation and support to Deputy Martin's wife, Diana Anaya-Lepe, and their children, Alexander, Cataleya, and Marbella, recognizing the sacrifices they will make during Deputy Martin's deployment and expressing the gratitude of the citizens of Person County for their family's service and sacrifice; and BE IT FURTHER RESOLVED, that the Person County Board of Commissioners wishes Deputy Martin a safe and successful deployment and a safe return home to his family, his fellow deputies, and the citizens of Person County; and BE IT FURTHER RESOLVED, that I, Kyle Puryear, Chairman of the Person County Board of Commissioners, do hereby present a copy of this Resolution to Deputy Sheriff Nicholas Alexander Martin as a lasting expression of the gratitude and appreciation of the Person County Board of Commissioners and the citizens of Person County. Adopted this the 21st day of September, 2026. ______________________________ Kyle Puryear, Chairman Person County Board of Commissioners Attest: _______________________________ Michele Solomon, NCCCC Clerk to the Board of Commissioners 4 AGENDA ABSTRACT September 21, 2026 FY28 5311 Community Transportation Program Application A public hearing will be held to consider the FY28 Community Transportation Program application for federal and state funding and commitment of local share funds. A public hearing is required as part of the application process. This is an annual request. The Community Transportation Program supports transportation programs operating in Person County and provides transportation options and services for the communities within this service area. These services are provided using ADA compliant raised roof vans and Light Transit Buses (LTV’s) operated by the Person Area Transportation System (PATS). PATS is not requesting any replacement vehicles on this grant cycle, due to vehicles not meeting minimum mileage requirements. Technology updates are listed. The total estimated amount requested is for the period July 1, 2027 through June 30, 2028 NOTE: The local share amount is subject to State funding availability. Project Total Amount Local Share 5311 Administrative $214,507 $32,177 (15%) 5311 Capital $ 11,200 $ 1,120 (10%) TOTAL PROJECT $225,707 $33,297 Financial Impact: Cost of local share of $33,297 in order to receive grant funding. Recommended Action: Hold the public hearing and approve the local share in the amount of $33,297 for FY28. Submitted By: Mitch Fleig, Public Transportation Director 5 PUBLIC HEARING NOTICE Section 5311 (ADTAP), 5310, 5339, 5307 and applicable State funding, or combination thereof. This is to inform the public that a public hearing will be held on the proposed FY 2028 Community Transportation Program Application to be submitted to the North Carolina Department of Transportation no later than October 2, 2026. The public hearing will be held on September 21, 2026 at 9:00 am before the Person County Board of Commissioners. Those interested in attending the public hearing and needing either auxiliary aids and services under the Americans with Disabilities Act (ADA) or a language translator should contact Mitch Fleig on or before September 17, 2026, at telephone number 336-597-1771 or via email at mfleig@personcountync.gov. The Community Transportation Program provides assistance to coordinate existing transportation programs operating in Person County as well as provides transportation options and services for the communities within this service area. These services are currently provided using demand response, subscription, fixed route, and trip referrals. Services are rendered by ADA equipped vans and Light Transit Vehicles by Person Area Transportation System. The total estimated amount requested for the period July 1, 2027 through June 30, 2028. NOTE: Local share amount is subject to State funding availability. Project Total Amount Local Share 5311 Administrative $ 214,507 $ 32,177 (15%) Combined Capital $ 11,200 $ 1,120 (10%) Funding programs covered are 5311, 5310, 5339 Bus and Bus Facilities, 5307 (Small fixed route, regional, and consolidated urban-rural systems) TOTAL $ 225,707 $ 33,297 Total Funding Requests Total Local Share This application may be inspected at the Transportation Office, 303 S. Morgan St. Roxboro, NC from 8:30 am to 5:00 pm Monday through Friday. Written comments should be directed to Michele Solomon, Clerk to the Board at 304 S. Morgan St Rm 212 Roxboro, NC before September 15, 2026. End of Notice 6 PUBLIC HEARING RECORD . . Section 5311 (including ADTAP), 5310, 5339, 5307 and applicable State funding, or combination thereof. APPLICANT: Person County DATE: September 21, 2026 PLACE: Person County Office Building TIME: 9:00 am How many BOARD MEMBERS attended the public hearing? How many members of the PUBLIC attended the public hearing? Public Attendance Surveys (Attached) (Offered at Public Hearing but none completed) I, the undersigned, representing (Legal Name of Applicant) do hereby certify to the North Carolina Department of Transportation, that a Public Hearing was held as indicated above and During the Public Hearing (NO public comments) (Public Comments were made and meeting minutes will be submitted after board approval) The estimated date for board approval of meeting minutes is: Signature or Clerk to the Board Printed Name and Title Date Affix Seal Here 7 VOLUNTARY TITLE VI PUBLIC INVOLVEMENT Title VI of the Civil Rights Act of 1964 requires the North Carolina Department of Transportation (NC DOT) to gather statistical data regarding participants and beneficiaries of the agency’s federal-aid programs and activities. NC DOT collects information on race, color, national origin and gender of the attendees to this public meeting to ensure the inclusion of all segments of the population impacted by a proposed project. NCDOT wishes to clarify that this information gathering process is completely voluntary and that you are not required to disclose the statistical data requested to participate in this meeting. This form is a public document used to collect data, only. The completed forms will be held on file at the North Carolina Department of Transportation. For Further information regarding this process please contact the NCDOT Title VI Program at telephone number 919.508.1808 or email at titlevi@ncdot.gov. After completing this form, please fold and place it inside the designated box on the registration table. Thank you for your cooperation. Male Female 8 PUBLIC TRANSPORTATION PROGRAM RESOLUTION FY28 RESOLUTION Section 5311 (including ADTAP), 5310, 5339, 5307 and applicable State funding, or combination thereof. Applicant seeking permission to apply for Public Transportation Program funding, enter into agreement with the North Carolina Department of Transportation, provide the necessary assurances and the required local match. A motion was made by (Board Member’s Name) and seconded by (Board Member’s Name or N/A, if not required) for the adoption of the following resolution, and upon being put to a vote was duly adopted. WHEREAS, Article 2B of Chapter 136 of the North Carolina General Statutes and the Governor of North Carolina have designated the North Carolina Department of Transportation (NCDOT) as the agency responsible for administering federal and state public transportation funds; and WHEREAS, the North Carolina Department of Transportation will apply for a grant from the US Department of Transportation, Federal Transit Administration and receives funds from the North Carolina General Assembly to provide assistance for rural public transportation projects; and WHEREAS, the purpose of these transportation funds is to provide grant monies to local agencies for the provision of rural, small urban, and urban public transportation services consistent with the policy requirements of each funding source for planning, community and agency involvement, service design, service alternatives, training and conference participation, reporting and other requirements (drug and alcohol testing policy and program, disadvantaged business enterprise program, and fully allocated costs analysis); and WHEREAS, the funds applied for may be Administrative, Operating, Planning, or Capital funds and will have different percentages of federal, state, and local funds. WHEREAS, non-Community Transportation applicants may apply for funding for “purchase-of-service” projects under the Capital Purchase of Service budget, Section 5310 program. WHEREAS, (Legal Name of Applicant) Person County hereby assures and certifies that it will provide the required local matching funds; that its staff has the technical capacity to implement and manage the project(s), prepare required reports, obtain required training, attend meetings and conferences; and agrees to comply with the federal and state statutes, regulations, executive orders, Section 5333 (b) Warranty, and all administrative 9 requirements related to the applications made to and grants received from the Federal Transit Administration, as well as the provisions of Section 1001 of Title 18, U. S. C. WHEREAS, the applicant has or will provide all annual certifications and assurances to the State of North Carolina required for the project; NOW, THEREFORE, be it resolved that the (Authorized Official’s Title)* County Manager of (Name of Applicant’s Governing Body) Person County is hereby authorized to submit grant application (s) for federal and state funding in response to NCDOT’s calls for projects, make the necessary assurances and certifications and be empowered to enter into an agreement with the NCDOT to provide rural, small urban, and urban public transportation services. I (Certifying Official’s Name)* (Certifying Official’s Title) do hereby certify that the above is a true and correct copy of an excerpt from the minutes of a meeting of the (Name of Applicant’s Governing Board) duly held on the day of , . Signature of Certifying Official *Note that the authorized official, certifying official, and notary public should be three separate individuals. Seal Subscribed and sworn to me date Notary Public * Printed Name and Address My commission expires (date) Affix Notary Seal Here 10 LOCAL SHARE CERTIFICATION FOR FUNDING Person County (Legal Name of Applicant) Requested Funding Amounts Project Total Amount Local Share** 5311 Administrative $ 214,507 $ 32,177 (15%) Combined Capital $ 11,200 $ 1,120 (10%) Funding programs covered are 5311, 5310, 5339 Bus and Bus Facilities, 5307 (Small fixed route, regional, and consolidated urban-rural systems) TOTAL $ 225,707 $ 33,297 Total Funding Requests Total Local Share **NOTE: Applicants should be prepared for the entire Local Share amount in the event State funding is not available. The Local Share is available from the following sources: Source of Funds Apply to Grant Amount General Fund 5311 Administrative $ 32,117 General Fund Combined Capital $ 1,120 TOTAL $ 33,297 ** Fare box revenue is not an applicable source for local share funding I, the undersigned representing (Legal Name of Applicant) Person County do hereby certify to the North Carolina Department of Transportation, that the required local funds for the FY2028 Community Transportation Program and 5307 Governors Apportionment will be available as of July 1, 2027, which has a period of performance of July 1, 2027 – June 30, 2028. _________________________________________ Signature of Authorized Official Type Name and Title of Authorized Official Date 11 September 8, 2026 1 PERSON COUNTY BOARD OF COMMISSIONERS September 8, 2026 MEMBERS PRESENT OTHERS PRESENT Kyle Puryear Katherine M. Cathey, County Manager Sherry Wilborn Michele Solomon, Clerk to the Board Jason Thomas Brady Herman, County Attorney Antoinetta Royster Donald Long The Board of Commissioners for the County of Person, North Carolina, met in regular session on Tuesday, September 8, 2026, at 6:00 p.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. Commissioner Thomas offered an invocation, and Commissioner Long led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Commissioner Long and carried 5-0 to approve the agenda with the addition of Item 8E-Veterans Services Concerns. BUSHY FORK GRANGE RECOGNITION Vice-Chair Wilborn introduced the item, highlighting her observations of Bushy Fork Grange’s community recognitions, to include Teacher of the Year and Farmer of the Year. She felt it demonstrated strong community engagement and hoped similar recognition could occur in all townships. She introduced Charles Howerton, board member of the Bushy Fork Grange who presented the following detailed, historical overview of the Grange, including:  The Grange’s origin in 1867 post–Civil War to rebuild agricultural infrastructure  Its role in collective buying power for farmers  Significant national accomplishments (postal service expansion, rural electric service, rural broadband advocacy, creation of 4-H and FFA)  Forward thinking inclusion of women in leadership roles from inception  Local history: six Person County Granges founded in 1946, of which Bushy Fork remains active  Bushy Fork’s prominence as one of the top 5 most active Granges in NC 12 September 8, 2026 2  Overview of extensive community activities (school supply drives, game nights, outdoor movies, chili cookoff supporting Cancer Crusaders, hurricane relief efforts, youth recognition programs) Mr. Howerton highlighted Person County native Ashton Medlin, valedictorian and youth mental health advocate featured in a Pfizer/Rural Minds mental health outreach video filmed locally. He invited commissioners and the community to the Chili Cookoff on October 10, 2026, from 5–8 PM at Bushy Fork Grange Hall. The Board expressed appreciation to Howerton and to the Grange for all they have done and continue to do for the community. BUILDING BETTER FUTURES RESOLUTION Commissioner Royster read the Building Better Futures Spotlight Resolution, a national initiative led by NACo supporting youth development and upstream supports. Key Statistics Cited for Person County: • 29% of children under 18 living in poverty • Juvenile complaints increased from 66 (2022) to 190 (2025) • Teen pregnancy rate 20.3% (6% above state rate) • 70 school age children and 47 younger children experiencing homelessness Vice Chair Wilborn expressed concern regarding potential unfunded mandates or open-ended commitments. She reviewed a list of programs already supported by the County and questioned the implications for staffing or funding, and felt this needed to be discussed during budget time. Commissioner Royster clarified the resolution commits the county to partnership—not unfunded mandates. Chairman Puryear and Commissioner Long supported the resolution, noting “may include” gives flexibility. Puryear acknowledged that he sees merit in both sides. A motion was made by Commissioner Royster and carried 4-1 to approve the Building Better Futures Spotlight Resolution. Vice-Chair Wilborn voted in opposition. 13 September 8, 2026 3 14 September 8, 2026 4 15 September 8, 2026 5 INFORMAL COMMENTS: There were no individuals that appeared before the Board to speak during informal comment period. DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Vice-Chair Wilborn and carried 5-0 to approve the Consent Agenda with the following items: A. August 17, 2026, Minutes B. Budget Amendment #5 NEW BUSINESS: AMERICA 250 UPDATE Public Information Officer Kim Strickland and Person County Museum of History Executive Director Carrie Currie presented the following updates on Person County’s year-long America 250 celebrations:  Large courthouse banner installation  July 4 children’s dance and parade activities  Major upcoming event: Early America Living History Fair  Dedication of a Liberty Tree at the museum  Opening of the new Personalizing the Past exhibit  Significant facility improvements at the museum  Person County became first county approved for a Revolutionary Route roadside marker  Upcoming weekend events will occur “rain or shine” 16 September 8, 2026 6 17 September 8, 2026 7 18 September 8, 2026 8 19 September 8, 2026 9 Board members expressed thanks to the America 250 committee for their time and dedication. PUBLIC PROPERTY NAMING REQUEST-JOHN EGGLESTON GYM County Manager Katherine Cathey described the public property naming request submitted by Mr. Philip Allen seeking to rename the original Roxboro High School Gymnasium at the Huck Sansbury Complex in honor of Mr. John Eggleston, citing Eggleston’s decades of contributions to youth recreation. She noted the following: • The naming policy allows citizens to submit requests in writing • Staff researched historical naming records but could not locate the original vote assigning the “Huck Sansbury” name to specific facilities • Multiple naming options were available to the Board (direct intent to name, public hearing, community meeting, referral to Recreation Advisory Board) Commissioner Long advised that John Eggleston was his uncle and asked the County Attorney if that would be deemed a conflict of interest. County Attorney Brady Herman stated that there would be no action by Long needed this evening. 20 September 8, 2026 10 Cathey introduced Phillip Allen. Mr. Allen opened by thanking the Board and staff. He clarified explicitly that: • The request is only to name or rename the gymnasium itself • The request “does not diminish” Huck Sansbury’s contributions • The entire complex (park, playground, fields, annex building, monuments, tennis/pickleball courts, picnic areas) would retain the Huck Sansbury name Mr. Allen delivered a detailed narrative about Mr. Eggleston’s legacy, including remarks such as: • “John Eggleston literally and figuratively opened the doors of recreation to the citizens of Person County.” • “Every young person deserves to have a John Eggleston in their life.” • “He recruited young people of all backgrounds and made everyone feel part of something bigger than themselves.” • “He found ways to get uniforms, gloves, shoes, balls to kids who could not afford them.” • “This gym came to life because of John.” He provided a chronological overview: • Eggleston began coaching midget football and basketball in the 1950s • Spent every Saturday at what was then the Roxboro High School Gym • Served as “referee, coach, scorekeeper, clock operator, custodian, janitor, snack bar operator — anything that needed doing” • Taught youth discipline, hard work, responsibility, teamwork, and “the difference between right and wrong” • Created a community-wide network of youth teams (Bethel Hill, Cavel, Longhurst, Bushy Fork, Helena, Olive Hill, Northside, Southside) • Established adult softball, basketball, volleyball leagues; traveling tennis teams; All Star basketball • Influenced children from the 1930s through the 1980s and beyond Mr. Allen then read dozens of testimonials, including statements such as: • “If Person County erected a Mount Rushmore of recreation icons, John would be on it.” • “John made growing up in Roxboro a much better place.” • “He gave me confidence when I had none.” • “He taught us about life and truly cared for us.” 21 September 8, 2026 11 Mr. Allen publicly named all supporters, listing a long roster of community members by name and graduation year from the 1950s through 1990s. Commissioners discussed: • Maintaining Huck Sansbury’s legacy • Clarity of naming (gym vs. park vs. floor); recommended name John Eggleston Gym at Huck Sansbury Park • Budget considerations for signage and gym floor changes; Vice-Chair Wilborn discussed Allen raising the money, determined that Allen would need to raise at least half; change contingent upon donation. • Precedent for future naming requests • Potential referral to Recreation Advisory Board Mr. Allen stated: • He had followed the naming policy as written • He was willing to raise at least half, possibly all, of the estimated $6,000 cost • He supported naming it: “John Eggleston Gym at Huck Sansbury Park” • He emphasized his request was in “good spirit” and sought only proper recognition A motion was made by Commissioner Thomas and carried 5-0 to direct staff to draft a resolution of intent to consider renaming and place it on the next agenda. The Board indicated that a public comment opportunity would occur at the next meeting before action is taken on this item. CASWELL/PERSON COUNTY BOUNDARY UPDATE GIS Director Sallie Vaughn reported that the boundary survey’s one-year review period expires September 12, 2026. She stated that updated maps and GIS systems aligning with the official survey are being implemented. She stated that NCGS will notify affected property owners and install boundary monuments. She stated that no Board action is required. 22 September 8, 2026 12 ADVISORY BOARD POLICY County Manager Katherine Cathey presented a revised version of the Person County Advisory Board Policy, explaining changes made after receiving feedback on August 17, 2026. She reviewed updates including:  Addition of a definition for ex-officio  Clarification that ex-officio members may vote unless otherwise specified  Updated quorum language stating “a majority of currently appointed voting members”  Clarification that advisory board officers may be replaced at any time  Requirements to notify Clerk and Public Information Officer of meeting cancellations  Establishment of March 31 deadline for annual reports  Removal of overly prescriptive annual report formatting  Addition of a mandatory acknowledgment checkbox on volunteer application forms  Vice Chair Wilborn expressed strong concern that duties need clear language specifying that responsibilities belong to the board as a whole, not individual advisory board members acting independently. Chairman Puryear suggested returning the item to staff for revisions aligned with concerns that were mentioned. It was the consensus of the Board to table this item until September 21, 2026. VETERANS SERVICES CONCERNS Commissioner Long relayed concerns from veterans that:  The Veterans Service Officer (VSO) is performing all VSO duties alone.  A previous Board agreed a part-time assistant would be added.  Veterans are volunteering substantial time to fill gaps. County Manager Katherine Cathey will investigate department needs and report back to the Board. 23 September 8, 2026 13 CHAIRMAN’S REPORT Chairman Puryear announced the 9/11 ceremony will be held Friday at 6:00 p.m. at First Responder Park, located at Huck Sansbury. MANAGER’S REPORT County Manager Katherine Cathey had no report. COMMISSIONER REPORTS/COMMENTS Vice-Chair Wilborn provided an extensive report including:  Praising HR for new training opportunities  Commending staff for the hours of preparation behind each agenda item  Discussing her NCACC board meeting experience and the selection of Representative Jeffers for the “Friend of the Counties” Award, noting his chosen guest was former Commissioner Clayton  Mentioning her rotation off the NCACC board but newly appointed service on the Agriculture & Natural & Economic Resources Steering Committee  Announcing the October 29, 2026 Leadership Summit, aiming for similar late afternoon scheduling as prior year  Celebrating the groundbreaking for Mayo Laydown Yard  Emphasizing the economic importance of manufacturing and utilities, noting they represent one-third of all jobs and hundreds of millions in tax base  Reporting utility valuations increased by $131 million, resulting in $815,000 in new tax revenue  Reflecting on RCS’s 20-year anniversary celebration, praising Councilman Phillips for his historical recounting; noting that fellow Commissioners Long and Royster were involved with the school  Expressing gratitude to first responders ahead of the 9/11 anniversary Commissioner Thomas had no report. Commissioner Royster reported: • Attending the NCACC conference in Durham • Observing scholarship presentations 24 September 8, 2026 14 • Being reappointed to the NCACC Health & Human Services Steering Committee • Receiving multiple NACo presidential appointments (Rural Action Caucus, Healthy Counties, Human Services, and Education Committees) • Sharing Building Better Futures updates with JCPC • Providing educational America 250 materials (children’s books explaining local government) to the America 250 Committee • Offering personal reflections on her service on the founding RCS Board and seeing the school’s progress from its earliest days in unfinished facilities Commissioner Long gave a detailed report including:  Extensive reflections on the founding of Roxboro Community School  Discussing early efforts alongside Lacy Winstead and others, including extensive volunteer labor  Emphasizing that RCS was created “not in competition” with Person County Schools but as an enhancement, noting conversations with former PCS Superintendent Ronnie Bugnar  Reporting attendance at multiple meetings: Board of Adjustment, Kerr-Tar Executive Board, EIAC, Mayo Transport ribbon cutting  Attending Eagle Scout project dedication by Andrew Long improving the First Responders Memorial landscaping  Attending the Longleaf Pine award presentation for Lacy Winstead  Noting the anniversary of the 2017 Duke Life Flight crash and highlighting the emotional toll of emergency response roles A motion was made by Vice-Chair Wilborn and carried 5-0 to enter into Closed Session at 7:40 p.m. Chairman Puryear called the closed session to order at 7:42 p.m. CLOSED SESSION #1 A motion to enter into Closed Session #1 per General Statute 143-318.11(a)(6) for the purpose to discuss personnel with the following individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney Brady Herman, and Human Resources Director Sonya Carver. 25 September 8, 2026 15 A motion was made by Vice-Chair Wilborn and carried 5-0 to return to open session at 8:32 p.m. A motion was made by Commissioner Long and carried 4-0 to appoint Chairman Puryear as interim County Manager from the time of Cathey’s departure on September 21, 2026, to the time of Interim County Manager Ralph Clark’s arrival on October 1, 2026, with no compensation. Chairman Puryear abstained from voting. Chairman Puryear accepted the temporary assignment of interim County Manager on behalf of Person County. ADJOURNMENT A motion was made by Vice-Chair Wilborn and carried 5-0 to adjourn the meeting at 8:33 p.m. ____________________________ ______________________________ Michele Solomon Kyle Puryear Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 26 9/21/2026 Dept./Acct No.Department Name Amount EXPENDITURES General Fund General Government 19,459 Human Services 3,800 Culture & Recreation 2,179 REVENUES General Fund Other Revenue 19,459 Charges for Services 2,179 Fund Balance Appropriation 3,800 EXPENDITURES School LOBs Capital Project Fund Planning and Engineering (275,000) Construction and Renovation (2,712,250) Contingency Funds 212,828 REVENUES School LOBs Capital Project Fund Limited Obligation Bonds-2026 (2,774,422) Explanation: Account Number Account Description $Revenues incr. (decr.) $Expenditures incr. (decr.) 10055-361414 P&R-Recreation Fees-Camps/Classes 1006120-430000 P&R-Contracted Services 105-389890 Fleet Fund-Insurance Proceeds 1054125-454000 Fleet Fund-Cap Out Vehicles 19090-399991 DSS-Fund Balance Appropriation 1905310-426050 DSS-Spec Supp/Serv-Data Storage 43065-392820 2026 LOBs Proceeds 4305911-519220 2026 LOBs-A&E Fees 4305911-568220 2026 LOBs-Construction Costs 4505911-599220 2026 LOBs-Contingency Totals (2,748,984) (2,748,984) Amend budget for Recreation, Arts & Parks fee revenues ($2,179) to support instructor costs; recognize insurance proceeds ($19,459) received for a Sheriff’s Office vehicle loss; appropriate DSS fund balance ($3,800) to fund the annual data storage expense; and apply adjustments to 2026 Limited Obligation Funds (-$2,774,422) in order to reflect the actual source and use BUDGET ADJUSTMENT DETAIL 27 9/21/2026 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 422,502 Public Safety 467,098 Economic and Physical Development 4,505 Environmental Protection 131,087 Transportation 412,194 Cultural & Recreation 309,149 Human Services 578,595 REVENUES General Fund Intergovernmental Revenues 733,261 Fund Balance Appropriated 1,591,869 EXPENDITURES Capital Investment Reserve Fund School Lottery Projects 96,887 PCC Regular Capital 3,669 REVENUES Capital Investment Reserve Fund School Lottery Proceeds 96,887 Fund Balance Appropriated 3,669 EXPENDITURES Person Industries & MRF Fund Community Rehab Program Svcs 6,263 REVENUES Person Industries & MRF Fund Fund Balance Appropriated 6,263 EXPENDITURES Stormwater Fund 6,890 REVENUES Stormwater Fund Fund Balance Appropriated 6,890 Explanation: BUDGET AMENDMENT #7 Carryforward of purchase orders and other commitments outstanding as of June 30, 2026. The amount of fund balance appropriation for the General Fund ($1,591,869) required for outstanding commitments is less by $470K compared to the prior year, a 22.8% reduction. This is primarily due to spending down prior year commitments of ambulances and PATS vehicles, DSS imaging and data storage services, and information technology services. Carrying forward remaining grant proceeds ($733,261) 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 and VAD equipment purchases, various programs provided by the Health Department, Parks & Recreation's PARTF and Land & Water Conservation Fund Projects, and ITS-DPS/Cybersecurity activites. Increasing the amount of advanced budget for School Lottery projects ($96,887) to agree with amount necessary to cover remaining project expenditures and new projects awarded in the current year. Fund balance for carryforwards in the Other Funds ($16,822) decreased by $881,933 as compared to the prior year, largely from the completion or spenddown of projects in FY26 such as contractual commitments to the City of Roxboro for the Western Sewer Project, regular capital projects for the Schools and PCC, equipment purchases in the Emergency Telephone System Fund, and the IAIA Project in the Stormwater Fund. 28 BUDGET DETAIL Account Number Account Description $Revenues incr. (decr.) (cr.) dr. $Expenditures incr. (decr.) dr. (cr.) PO Carryforwards: 10090-399991 Fund Balance Appropriation 917,018 10035-337231 PATS-Capital Grant 351,666 100-4121-420000 Supplies & Operating Expenses 2,290 100-4121-431300 Employee Training 898 100-4130-419000 Professional Services 25,200 100-4130-431100 Travel-Meetings/Conferences 563 100-4160-420000 Supplies & Operating Expenses 5,295 100-4180-430120 Contracted Services-ARPA 161,346 100-4260-420000 Supplies & Operating Expenses 5,000 100-4260-421200 Uniforms 1,773 100-4260-430000 Contracted Services 68,888 100-4260-444000 Service & Maint Contracts 2,160 100-4310-435300 Maint & Repair/Vehicles 6,220 100-4325-421200 Uniforms 4,411 100-4325-430000 Contracted Services 2,796 100-4330-430000 Contracted Services 1,560 100-4370-423100 Medical Supplies 1,160 100-4370-430050 Con Serv-Decedent Transport 105 100-4370-454000 Cap Out Vehicles 343,262 100-4520-429310 Spec Supp/Serv-CARES Transport 1,533 100-4520-435300 Maint & Repair/Vehicles 15,841 100-4521-454000 Cap Out Vehicles 390,740 100-4530-435100 Maint & Repair/Bldg & Grounds 4,080 100-4915-430000 Contracted Services 2,900 100-6120-419000 Professional Services 31,400 100-6120-425350 LCWF Grant Exp 32,651 100-6120-426125 County Farm/Rotary 63,349 100-6120-435100 Maint & Repair/Bldg & Grounds 19,294 100-6121-435100 Maint & Repair/Bldg & Grounds 24,000 100-6122-430000 Contracted Services 20,425 100-6123-430000 Contracted Services 6,573 100-6123-435100 Maint & Repair/Bldg & Grounds 18,371 100-6140-435100 Maint & Repair/Bldg & Grounds 4,600 10590-399991 Fund Balance Appropriation 40,912 105-4125-454000 Cap Out Vehicles 40,912 11090-399991 Fund Balance Appropriation 92,479 110-4121-425200 Dept Tech Requests 30,150 110-4121-426510 Cybersecurity 62,329 15090-399991 Fund Balance Appropriation 1,170 150-6110-456000 Books 1,170 19090-399991 Fund Balance Appropriation 1,385 190-5310-435000 Contracted Serv - Temp Staff 1,385 62090-399991 Fund Balance Appropriation 6,890 620-4820-449902 Reserve/IAIA SW Projects 6,890 29 Account Number Account Description $Revenues incr. (decr.) (cr.) dr. $Expenditures incr. (decr.) dr. (cr.) Other Carryforwards: GENERAL FUND 10090-399991 FBA 412,744 10025-333240 BVP Grant Revenue 798 10025-335240 RACE-CAR Grant 21,961 10025-335233 Tier II Fee Grant 2,008 10045-340336 VAD/EVAD Grant Revenue 8,500 10045-340335 2024 StRAP Grant Revenue 75,000 10055-361360 LWCF Grant Revenue 70,311 10055-361370 PARTF-County Farm Grant Revenue 9,952 1004260-455000 GS-Cap Out Equip $5000+10,403 1004310-420000 Supplies and Operating 6,105 1004310-428115 Project Lifesaver 1,015 1004310-428110 Shop w/ Sheriff 9,924 1004310-427610 BVP Grant Expenditure 7,569 1004325-428740 Spec Supp/RACE-CAR Grant 2,165 1004330-420060 EM-Other Supplies 1,700 1004330-428880 Emergency Mgmt Performance Grt 49,056 1004330-428700 Spec Supp/Serv-Tier II Grant 2,008 1004370-428740 Spec Supp/RACE-CAR Grant 22,464 1004370-428710 EMS Supplies/Walmart 185 1004380-419000 Anim Svcs-Professional Services 3,233 1004950-420000 Co-op Supplies 1,605 1004960-449910 S&W District Funds 30,385 1004960-446620 S&W Equipment Funds 17,202 1004960-449926 VAD/EVAD Grant Program 8,500 1004960-449925 2024 StRAP Grant Program 75,000 1005200-462360 Mental Health-Community Projects 265,439 1006120-425350 LWCF Grant Expenditure 70,311 1006120-425500 PARTF-County Farm Grant Expenditure 9,952 1006120-426120 County Farm-Duke Contrib 1,030 1006120-425600 JCPC Scholarship 2,250 1006120-420000 Recreation Supplies 1,035 1006121-420000 Mayo Supplies 38 1006122-420000 Kirby Supplies 200 1006123-420000 Sportsplex Supplies 2,500 11020-389896 ITS-DPS/Cybersecurity Grant 7,455 1104121-426511 ITS-DPS/Cybersecurity Grant 7,455 12050-366330 State Aid to Counties 22,442 1205110-412000 Salary & Wages 21,942 1205110-422000 Food & Provision 500 12050-369235 Communicable Disease Program 163,168 1205110-430000 Contracted Services 163,168 19090-399991 FBA 126,161 1905380-506600 Special Children Adopt Fund 118,570 1905380-526000 Misc. General Assistance 1,394 1905380-537000 Foster Care Donations 6,095 1905380-537004 Foster Care-Shoes 102 CIF FUND 21090-399991 CIF Fund-Fund Balance Appropriation 3,669 2105921-462700 CIF Fund-PCC Capital 3,669 21060-359130 CIP-Lottery Proceeds 96,887 2105911-462800 CIP-Lottery Expenditures 96,887 PI/MRF FUND 23090-399991 Person Industries-FBA 6,263 2305280-420200 Person Industries-Work Force Awards 6,263 Totals 2,438,839 2,438,839 30 AGENDA ABSTRACT Sept. 21, 2026 Resolution to Name the John Eggleston Gym at Huck Sansbury Park On Sept. 8, 2026, the Board of Commissioners heard a request from Mr. Phillip Allen, a citizen of Person County, to rename the original Roxboro High School gymnasium located at the Huck Sansbury Recreation Complex in honor of John Eggleston. The Board stated its intent to consider the adoption of a resolution for the naming or renaming of the public Financial Impact: $6,000. Mr. Allen is please to raise at least half of the funds and will report back to the Board Recommended Action: Submitted By: 31 RESOLUTION TO NAME THE “JOHN EGGLESTON GYM AT HUCK SANSBURY PARK” WHEREAS, the Huck Sansbury Recreation Complex, located on South Morgan Street in Roxboro, has long served as a central hub for recreation, community engagement, and youth development within Person County; and WHEREAS, the facility is historically significant for its role in expanding recreational opportunities in Person County, boasting major investments, public-private partnerships, and improvements that underscore its importance to families, youth, and the community at large; and WHEREAS, for more than four decades, John Eggleston was widely recognized as one of the most impactful and influential leaders in recreation in Person County, opening the doors—literally and figuratively—to organized sports and recreation for generations of youth and adults; and WHEREAS, beginning in the 1950s, Mr. Eggleston personally worked across every corner of Person County, helping form youth teams in Bethel Hill, Allensville, Cavel, Longhurst, Olive Hill, Bushy Fork, Helena, and Roxboro’s Northside and Southside communities, ensuring that every child—regardless of background or ability—had an opportunity to participate and grow through recreation; and WHEREAS, Mr. Eggleston consistently provided uniforms, equipment, and personal encouragement to children who otherwise would not have had access to recreational opportunities, demonstrating an unwavering commitment to equity, sportsmanship, and community building; and WHEREAS, Mr. Eggleston created and led numerous adult recreation programs, including the adult softball league, adult basketball, adult volleyball, youth traveling tennis programs, and All‑Star youth basketball teams—programs enjoyed by hundreds of local residents and remembered fondly as benchmarks of community fellowship; and WHEREAS, Mr. Eggleston devoted over 34 years of service to Person County in roles including Parks and Recreation Director, Assistant Recreation Director, Public Works Director, and Facilities Director, further cementing his legacy as a champion for recreational access and community wellness; and WHEREAS, the original Roxboro High School gymnasium on South Morgan Street became a second home for countless youth under Mr. Eggleston’s leadership, where he served simultaneously as coach, referee, scorekeeper, custodian, mentor, and role model—instilling discipline, responsibility, teamwork, and character in every young person who walked through its doors; and WHEREAS, testimonials from decades of residents—spanning individuals born from the 1930s through the 1980s—affirm Mr. Eggleston’s profound and lasting influence, describing him as a mentor, an advocate, a champion for the underdog, and an essential figure in the growth of organized recreation in Person County; and NOW, THEREFORE, BE IT RESOLVED that the Person County Board of Commissioners hereby approves and authorizes the naming of the original Roxboro High School gymnasium located within the Huck 32 Sansbury Recreation Complex as the “John Eggleston Gym at Huck Sansbury Park” in honor of Mr. Eggleston’s exceptional service, leadership, and contributions to recreation and community development in Person County. BE IT FURTHER RESOLVED that appropriate signage, recognition materials, and public announcements be made to commemorate this designation and ensure that future generations understand and appreciate the lasting influence of John Eggleston on the lives of the people of Person County. Adopted this the 21st day of September, 2026. ______________________________ Kyle Puryear, Chairman Person County Board of Commissioners ATTEST: ______________________________ Michele Solomon, NCCCC Clerk to the Board 33 AGENDA ABSTRACT Meeting Date: Agenda Title: Summary of Information: comply with revised state laws and meet mandatory grant requirements. In accordance with NCGS §106-740, state and local public agencies must now wait for the Agricultural Advisory Board to conduct a public hearing before they can formally initiate any condemnation or rezoning actions on land enrolled in the Voluntary (VAD) or Enhanced Voluntary Agricultural District (EVAD) programs. The text also includes minor language adjustments to improve overall clarity and readability. Completing these revisions is a mandatory condition of the Person County VAD/EVAD Development Program Grant, which was awarded through NCDA&CS in February 2026. These revisions have been presented to and approved by the Person County Agricultural Financial Impact: Recommended Action: Submitted By: 34 1 PERSON COUNTY FARMLAND PRESERVATION ORDINANCE ARTICLE I TITLE An Ordinance of the Board of County Commissioners of PERSON COUNTY, NORTH CAROLINA, entitled, "FARMLAND PRESERVATON ORDINANCE." ARTICLE II AUTHORITY The articles and sections of this Ordinance are adopted pursuant to authority conferred by the North Carolina General Statutes sections §106-735 through 106-744 and Chapter 153A. ARTICLE III PURPOSE The purpose of this Ordinance is to reduce the loss of productive and existing farmland by promoting agricultural values and the general welfare of the county; increase identity and pride in the agricultural community and its way of life; encourage the economic and financial health of agriculture, horticulture, and forestry; decrease the likelihood of legal disputes, such as nuisance actions between farm owners and their neighbors; and encourage participation in said voluntary programs. ARTICLE IV DEFINITIONS The following are defined for purposes of this Ordinance: Advisory Board: Person County Agricultural Advisory Board. Board of Commissioners: Person County Board of Commissioners. Chairperson: Chairperson of the Person County Agricultural Advisory Board. District: Voluntary Agricultural District as established by this Ordinance. Enhanced District: Enhanced Voluntary Agricultural District as established by this Ordinance. 35 2 Agricultural District: Voluntary Agricultural District and Enhanced Voluntary District as established by this Ordinance. Conservation Agreement: An agreement signed by the landowner committing to keep land in agricultural or forest use, as described in N.C.G.S. 121-35. Conservation Easement: Shall have the meaning as Agricultural Conservation Easement as set forth in N.C.G.S. 106-744, and to the extent not inconsistent with N.C.G.S. 106-744 generally meaning a written easement agreement between a landowner and a qualified conservation organization or public agency under which:  The landowner agrees to keep the land available for agriculture and/or forestry and restrict subdivision or non- farm development and other uses that are incompatible with commercial agriculture and forestry; and  The conservation organization or public agency is responsible for monitoring the easement to ensure the terms of the easement are met. Farmland Preservation Coordinator: Means Person County Soil and Water Conservation District office staff person who supports the Agricultural Advisory Board. ARTICLE V AGRICULTURAL ADVISORY BOARD A. Creation The Board of Commissioners establishes the Person County Agricultural Advisory Board to implement the provisions of this program. B. Membership 1. The Advisory Board shall consist of seven (7) members. 2. Each Advisory Board member, except those serving in an ex officio capacity, shall be a Person County resident or landowner. 3. At least a majority of the members shall be actively engaged in agriculture as defined in N.C.G.S. § 106-581.1. This determination shall be made without reference to ex officio members. 36 3 4. The members actively engaged in agriculture as defined in N.C.G.S. § 106-581.1, as well as other members, shall be selected for appointment by the Board of Commissioners. The Board of Commissioners may request recommendations when considering applicants for appointments from the names of individuals submitted to the Board of Commissioners by the Person Soil and Water Conservation District Board of Supervisors, and the Person County Office of North Carolina Cooperative Extension, the U.S. Farm Service Agency County Committee, nonprofit agricultural organizations, conservation organizations, agribusiness, horticultural businesses, forestry businesses, and the public at large. 5. Additional members may be appointed to the Board in an ex officio capacity from the Person Soil and Water Conservation District Board of Supervisors, the Person County Office of North Carolina Cooperative Extension, the U.S. Farm Service Agency,the Person County Economic Development Commission, or other agencies, as deemed necessary by the Board of Commissioners. Members serving in an ex officio capacity shall neither vote nor count toward quorum requirements. 6. The members shall be chosen to provide the broadest possible representation of the geographical regions of Person County and to represent, to the extent possible, all segments of agricultural production existing within the county. 6.7. The Agricultural Advisory Board may be subject to additional policies and procedures as established by the Board of Commissioners. D. Tenure The initial board is to consist of two (2) appointees for terms of two (2) years; two (2) appointees for terms of three (3) years; and three (3) appointees for terms of four (4) years. Thereafter, all appointments are to be for terms of four (4) years, when reappointment permitted. E. Vacancies Any vacancy of a member appointed by the Board of Commissioners on the Advisory Board is to be filled by the Board of Commissioners for the remainder of the unexpired term. F. Removal Any member of the Advisory Board may be removed by the Board of Commissioners upon a majority vote of the Commissioners. No cause for removal shall be required. The Board may recommend that members not meeting attendance standards be removed by the Board of Commissioners. If an appointee, in any calendar year has absences which constitute more than twenty-five percent (25%) of the regularly scheduled Board meetings or three (3) consecutive meetings, whichever comes first, which he or she is required to attend, he or she is obligated to 37 4 resign. The Board of Commissioners may consider extenuating circumstances. If the individual refuses to resign, he or she may be removed by action of the Board of County Commissioners, by a majority vote, subject to state or local law. A leave of absence may be granted for extraordinary circumstances, such as illness or personal circumstances, upon request to the Board of Commissioners. G. Advisory Board Procedure 1. Chair and Vice Chair: The Advisory Board shall elect a chairperson and vice- chairperson from those members appointed by the commissioners each year at the Advisory Board’s first meeting of the fiscal year. The chairperson shall preside over all regular or special meetings of the Advisory Board. In the absence or disability of the chairperson, the vice-chairperson shall preside and shall exercise all the powers of the chairperson. Additional officers may be elected as needed. 2. Determination of Procedure: The Advisory Board may adopt rules of procedure consistent with this Ordinance or other provisions of State law. 3. Advisory Board Year: The Advisory Board shall use the Person County fiscal year, July 1 - June 30, as its meeting year. 4. Meetings: Meetings of the Advisory Board shall be held at the call of the chairperson and at such other times as the Advisory Board may specify in its rules of procedure or upon the request of at least a majority of the Advisory Board membership. A meeting shall be held at least annually and notice of any meetings to the members shall be in writing unless otherwise agreed to by all Advisory Board members. Meeting dates and times shall be posted as far in advance as possible by all means of public dissemination required by N.C.G.S. § 143-318.12 All meetings shall be open to the public and follow the Open Meetings Laws. 5. Meeting Location: Meetings shall be held at the Person County Office Building. If this facility is unavailable or if the business of the Advisory Board makes it necessary or more convenient to meet at a different location, the chairperson shall determine this location and provide timely notification to all board members and to the public. 6. Majority Vote and Quorum Requirements: All issues shall be decided by a majority vote of the members of the Advisory Board present, except as otherwise stated herein. A quorum is defined as a majority of the members. No business may be conducted by the Advisory Board without a quorum present. 7. Records: The Advisory Board shall keep minutes of the proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all 38 5 of which shall be filed in the office of the Advisory Board, or its designee, and shall be a public record. 8. Administration: The Person County Soil and Water Conservation District office will serve the Advisory Board for record keeping, correspondence, and whatever any other services the Board needs in order to complete its duties. H. Duties The Advisory Board shall:  Review and approve or disapprove applications of landowners for enrollment of qualified farmland, horticultural land, or forestland into the Voluntary/Enhanced Agricultural Districts. By approval of this Ordinance the County Board of Commissioners has delegated authority pursuant to N.C.G.S. §106-739(1) to enroll qualifying farms into Aagricultural Ddistricts.  Review and approve the form of the conservation agreement to sustain agriculture required of this Ordinance.  Make recommendations concerning the establishment and modification of Agricultural Districts.  Conduct public hearings related to public condemnation and rezoning of qualifying farmland and other agricultural issues.  Advise the Board of Commissioners on projects, programs, or issues affecting the agricultural economy and agricultural, horticultural or forestry activities within the county that may affect Agricultural Districts.  Review and make recommendations concerning proposed amendments to this ordinance.  Study additional methods of protection for farming, horticulture, forestry, and the attendant land base, and make recommendations to the Board of Commissioners.  Review applications for conservation easement purchases and donations to Person County. The Advisory Board shall have final authority to approve such purchases and donations, subject to the requirements of this ordinance and other applicable law.  Perform other agricultural, horticultural, and forestry-related tasks or duties assigned by the Board of Commissioners.  Provide recommendations and input on modification to the Person County Farmland Preservation Plan as defined in N.C.G.S. §106-744 (e) for presentation to the Board of Commissioners. ARTICLE VI CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS AND 39 6 ENHANCED VOLUNTARY AGRICULTURAL DISTRICTS A. Implementation In order to implement the purposes stated in Article III, this program provides for the creation of Voluntary Agricultural Districts and Enhanced Voluntary Agricultural Districts (Districts) which shall meet the following standards:  Agricultural Districts shall contain a minimum of twenty (20) contiguous acres of qualified forest land; ten (10) contiguous acres of qualified farmland; or five (5) contiguous acres of qualified horticultural land, OR, two or more qualified farms that, together, contain a minimum of twenty (20) acres and are located within 2 miles of each other. All acreage must be located in Person County. the county.  Landowner(s) requesting inclusion in Agricultural Districts shall execute a conservation agreement with the county to sustain agriculture in Agricultural Districts in accordance with Article VII of this ordinance. Said agreement shall be in a form that is reviewed and approved by the Advisory Board. B. Education The county may take such action, as it deems appropriate, through the Advisory Board or other entities or individuals to encourage the formation of the Agricultural Districts and to further their purposes and objectives including the implementation of a public information program to reasonably inform landowners of the agricultural district program. ARTICLE VII CERTIFICATION AND QUALIFICATION OF FARMLAND A. Requirements In order for farmland to qualify for inclusion in a Voluntary or Enhanced Voluntary Agricultural District property, it must be real property that meets the following requirements: 1. Is used for bona fide farm purposes, as that term is defined in G.S. 106-743.4(a) and G.S. 160D-903. 2. Be managed, if highly erodible land exists on the farm, in accordance with the Natural Resources Conservation Service defined erosion-control practices that are addressed to said highly erodible land. 3. The property is the subject of a conservation agreement as defined in G.S. 121-35 between the county and the owner of such land that prohibits nonfarm use or development of such land for a period of at least ten (10) years, except for the creation of not more than three (3) lots that meet applicable municipal and county 40 7 zoning and subdivision regulations. The form of the conservation agreement shall be approved by the agricultural advisory board created under G.S. 106-739. ARTICLE VIII APPLICATION, APPROVAL, AND APPEAL PROCEDURE A. Application Procedure 1. A landowner may apply to participate in the Voluntary Agricultural District and/or Enhanced Voluntary Agricultural District Program by submitting an application to the Person County Soil and Water Conservation District office. The application shall be on forms provided by the Person County Soil and Water Conservation District office and approved by the Advisory Board. 2. A Conservation Agreement, required by G.S. 106-737 and G.S. 106-743.3, and defined in G.S. 121-35, suited to district type, Voluntary Agricultural District or Enhanced Voluntary Agricultural District, as designated by the landowner(s) to sustain, encourage, and promote agriculture must be executed by the landowner(s) with the Advisory Board. The Conservation Agreement for the Enhanced Voluntary Agricultural District shall be recorded with the Person County Register of Deeds Office as required under G.S. 121-41 (c). B. Approval Process Upon receipt of an application, the Person County Soil and Water Conservation District office will forward applications and any supporting documentation to the members of the Advisory Board and all ex officio members for their evaluation. Advisory Board shall meet within ninety (90) days of receipt of a completed application to determine if the application meets the minimum requirements established by this ordinance. The chairperson shall notify the applicant by first class mail of approval or disapproval within fifteen (15) days. C. Appeal If the Advisory Board determines an application does not meet the requirements of this ordinance, the applicant shall have sixty (60) days to appeal the decision to the Board of Commissioners. Such appeal shall be submitted in writing to the Clerk to the Board of Commissioners. The decision of the Board of Commissioners is final. ARTICLE IX NOTIFICATION A. Public Awareness 41 8 Upon approval of a Voluntary Agricultural District and/or Enhanced Voluntary Agricultural District (Districts), the Person County Soil and Water Conservation District office shall provide notification of said Agricultural District to the following:  Notification shall be mailed to the property owner/applicant by first class mail.  The Person County GIS Department shall maintain maps of approved Agricultural Districts within the Person County Geographic Information Mapping System Database as well as an overlay for all tracts located within one-half (1/2) mile of the property line of any tract of land enrolled in an voluntary aAgricultural dDistrict.  The mapping information shall provide notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one half mile of an aAgricultural dDistrict. This mapping information may be viewed by accessing the Person County GIS website.  Notice of these methods of Agricultural District notification and identification shall be included in all Person County Voluntary Aagricultural Ddistrict pProgram information brochures made available to the public by Person Soil and Water Conservation District, Person County Cooperative Extension, Person County Planning and Zoning Department, and others. B. Signage Person County may place signs identifying approved Agricultural Districts along major roads that pass through or next to those Agricultural dDistricts. Members of the Agricultural Districts have the privilege of posting signs on their individual farms denoting their Agricultural District membership. Signs must be placed on the landowner’s property outside of any right-of-ways or easements and shall conform to Chapter XII, Sign Regulations, of the Person County Zoning Ordinance. C. Maps Maps identifying approved aAgricultural dDistricts shall be updated at least twice each year and shall be made available through the Person County GIS Department. D. Exclusion of Liability 1. In no event shall the County or any of its officers, employees, members of the Advisory Board, or agents be held liable in damages for any misfeasance, malfeasance, or nonfeasance occurring in good faith in connection with the duties or obligations imposed by this ordinance. 2. In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or Voluntary Agricultural District or Enhanced Voluntary Agricultural District as defined in this Ordinance. 42 9 ARTICLE X REVOCATION AND ENFORCEMENT, TRANSFER OF LAND, AND RENEWAL OF CONSERVATION AGREEMENTS A. Revocation and Enforcement 1. By providing written notice to the Advisory Board, a landowner of qualifying farmland may revoke his/her participation in the Voluntary Agricultural District Program formulated pursuant to Article VIII of this ordinance, or the Advisory Board may revoke the same participation based on noncompliance by the landowner. Such revocation shall result in loss of qualifying farm status and loss of eligibility to participate in an Agricultural dDistrict. The county will remove the tract from the public record of the program within sixty (60) days. 2. Conservation Agreements for land within Enhanced Districts are IRREVOCABLE for a period of 10 years. At the end of the term, a notice of revocation shall be recorded in the Register of Deeds Office sufficient to provide notice that the land has been withdrawn from the Enhanced Voluntary Agricultural District program if the agreement is not automatically renewed, or renewed voluntary by the landowner(s). B. Transfer of Land 1. Transfers of land in a Voluntary Agricultural District due to death of the landowner, sale, or gift shall not revoke the Conservation Agreement unless the land no longer meets the requirements contained in Article VII. Enforcement of the terms of a Conservation Agreement for land enrolled in a Voluntary Agricultural District shall be limited to revocation of the Conservation Agreement and the benefits derived therefrom. 2. Transfers of land in an Enhanced Voluntary District due to death of the landowner(s), sale, or gift shall not revoke the Conservation Agreement. The Conservation Agreement for the Enhanced Voluntary Agricultural District shall be binding upon all successors in interest to the landowner, except for successors in interest resulting from the exercise of rights under a security interest or lien that preceded the Conservation Agreement. C. Renewal of Conservation Agreements 1. A Conservation Agreement for land within a Voluntary Agricultural District shall automatically renew for subsequent ten (10) year terms unless either the landowner or the Advisory Board provides written notice prior to the expiration of the conservation agreement. 43 10 2. A Conservation Agreement for land within an Enhanced Voluntary Agricultural District shall be deemed automatically renewed for an additional term of three (3) years, unless either the Advisory Board or the landowner provides written notice prior to the expiration of the Conservation Agreement. At the end of the three (3) year term, the Conservation Agreement for land within an Enhanced Voluntary Agricultural District will expire and the county will remove the tract from the public record of the program within sixty (60) days. At such time, landowners wishing to continue in the program will need to re-apply. ARTICLE XI WAIVER OF WATER AND SEWER OR ALL UTILITY ASSESSMENTS A. No Connection Required 1. A landowner belonging to an Agricultural District shall not be required to connect to Person County water and/or sewer systems. 2. A landowner belonging to an Enhanced District shall not be required to connect to Person County utility systems. B. Abeyance 1. Water and sewer assessments shall be held in abeyance, without interest, for farms in an Agricultural District, until improvements on such property are connected to the water or sewer system for which the assessment was made. 2. Utility assessments shall be held in abeyance, without interest, for farms in an Enhanced District, until improvements on such property are connected to the utility system for which the assessment was made. C. Termination of Abeyance When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution. D. Suspension of Statute of Limitations Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest. The landowner shall be required to sign an acknowledgement, which shall be incorporated into the Conservation Agreement, of the abeyance of the statute of limitations upon collecting water and sewer assessments, or other utility assessments. E. Other Statutory Abeyance Procedures Nothing in this section is intended to diminish the authority of the County to hold assessments in abeyance under G.S. 153A-201, or other applicable law. 44 11 F. Conflict with Water and/or Sewer System Construction and Improvements Grants To the extent that this section conflicts with the terms of federal, state, or other grants under which county utility systems are constructed this section shall not apply. This section shall not apply to utilities that are not owned by the County unless the County has entered into an agreement with the entity(ies) owning the utilities and that agreement provides that this Ordinance shall apply. ARTICLE XII ADDITIONAL ENHANCED AGRICULTURAL DISTRICT BENEFITS Land enrolled in the Enhanced Voluntary Agricultural District program is entitled to all of the benefits available under the Voluntary Agricultural District program, and to the following additional benefits under this Article: A. Sale of Non-farm Products Landowners participating in Enhanced Districts may receive up to twenty-five percent of gross sales from the sale of nonfarm products and still qualify as a bona fide farm that is exempt from county zoning regulations under G.S. 153A-340(b). For purposes of G.S. 153A-340(b), the production of any nonfarm product that the Department of Agriculture and Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm that is subject to a Conservation Agreement under G.S. 106-743.2 is a bona fide farm purpose. A farmer seeking to benefit from this subsection shall have the burden of establishing that the property's sale of nonfarm products did not exceed twenty-five percent of its gross sales. A county may adopt an ordinance pursuant to this section that sets forth the standards necessary for proof of compliance. B. Agricultural Cost Share Program Landowners participating in Enhanced Districts are eligible under G.S. 106-850 (b) to receive the higher percentage of cost-share funds for the benefit of that farmland under the Agriculture Cost Share Program established pursuant to Chapter 106, Article 72, of the North Carolina General Statutes. C. Priority Consideration State departments, institutions, or agencies that award grants to farmers are encouraged to give priority consideration to landowners participating in Enhanced Districts. D. Utility Assessment Waiver As provided in Article XI, waiver of all county utility assessments, in addition to waiver of water and sewer assessments, is available to all participants in Enhanced Districts. 45 12 ARTICLE XIII PUBLIC HEARINGS ON CONDEMNATION AND REZONING OF QUALIFING FARMLAND A. Purpose Pursuant to G.S. 106-740, no State or local public agency or governmental unit may shall formally initiate any action to condemn any interest in qualifying farmland, or rezone such land, within an Agricultural District until such agency or unit has requested the Advisory Board to hold a public hearing on the proposed condemnation or rezoning. B. Procedure Upon receiving a request to hold a hearing on the proposed condemnation or rezoning action, the Advisory Board shall provide a ten (10) day notice of a public hearing to be held withinhave thirty (30) days after receipt or the ving a request. under this section to hold the public hearing and submit its written findings and recommendations to the agency. The Advisory Board shall meet to review: 1. Whether the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved. 2. Whether there are alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities of the Agricultural District within which the proposed action is to take place. 3. The Advisory Board shall consult with the Soil and Water Conservation District Office, Cooperative Extension Agricultural Agent(s), Natural Resources Conservation Service District Conservationist, and any other individuals, agencies, or organizations deemed by the Advisory Board to be necessary for its review of the proposed action. Land value will not be a factor in the selection between properties under consideration for the proposed action. 4. Within five (5) days after the hearing, Tthe Advisory Board shall make a report containing its findings and recommendations regarding the proposed action. The report shall be made available to the public for comment prior to its being conveyed to the decision-making body of the agency proposing the acquisition by condemnation. 5. There will be a period of ten seven (710) days allowed for public comment on the report of the Advisory Board. 46 13 6. After the tenseven (710) day period for public comment has expired, the Advisory Board shall submit a final report containing all of its findings and recommendations regarding the proposed action to the decision making body of the agency proposing the acquisition by condemnation or rezoning action. 7. The total time, from the day that a request for a hearing has been received to the day that a final report is issued to the decision making body of the agency proposing the acquisition or rezoning shall not exceed thirty (30)forty-five (45) days. If the agency agrees to an extension, the agency and the Advisory Board shall mutually agree upon a schedule to be set forth in writing and made available to the public. The State, or local government public agency or governmental unit proposing to acquire property by condemnation or the rezoning request may shall not formally initiate condemnation or rezoning action until one hundred-twenty (120) days after the date the Advisory Board submits its findings and recommendations to the agency or unit. while the proposed condemnation is properly before the Advisory Board. The Board of Commissioners shall condemn farmland within an Agriculturale District only as a “last resort” if it is considering condemnation for County purposes. ARTICLE XIV SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVIEW Developers of major subdivisions, apartment complexes or planned unit developments shall designate on preliminary development plans, the existence of any and all Agricultural Districts within one-half (½) aerial mile of the proposed development. ARTICLE XV COUNTY LAND-USE PLANNING A. Duty of the Advisory Board It shall be the duty of the Advisory Board to advise the Board of Commissioners or the agency or office to which the Board of Commissioners has delegated the authority to oversee county land-use planning, on the status, progress, and activities of the county's agricultural district program and to also coordinate the formation and maintenance of Aagricultural Ddistricts with the county's land-use planning activities and the county's land-use plan if one currently exists at the time this is enacted or when one is formed. B. Posting of Notice The following notice of a size and form suitable for posting shall be posted in the Soil and Water Conservation District office and any other office or agency the Advisory Board deems necessary: 47 14 Person County has established Agricultural Districts to protect and preserve agricultural lands and activities. These districts have been developed and mapped by the county to inform all purchasers of real property that certain agricultural and forestry activities, including but not limited to pesticide spraying, manure spreading, machinery and truck operation, livestock operations, sawing, prescribed burning, and other common farming activities may occur in these districts any time during the day or night. Maps and information on the location and establishment of these districts can be viewed from Person County GIS Department Mapping. C. Growth Corridors At such time as the county might establish designated growth corridors, agricultural districts shall not be permitted in the designated growth corridors as delineated on the official county planning map without the approval of the Board of Commissioners. Agricultural Districts located in growth corridors designated after the effective date of this program may remain, but shall not be expanded within the growth corridor area without the approval of the Board of Commissioners. ARTICLE XVI CONSULTATION AUTHORITY The Advisory Board may consult with the Person Soil and Water Conservation District, the North Carolina Cooperative Extension, the Natural Resources Conservation Service, the North Carolina Department of Agriculture and Consumer Services, and with any other individual, agency, or organization the Advisory Board deems necessary to properly conduct its business. ARTICLE XVII NORTH CAROLINA AGENCY NOTIFICATION At least annually, the Person County Soil and Water Conservation District office shall submit a written report to the Office of the Commissioner of Agriculture and Consumer Services on the County's agricultural district programs, including the following information:  Number of landowners enrolled  Number of acres enrolled  Number of acres certified during the reporting period  Number of acres denied during the reporting period  Number of acres for which applications are pending  Copies of any amendments to this Ordinance  Any other information the Advisory Board deems useful 48 15 A copy of this report shall also be provided to the Board of Commissioners. ARTICLE XVIII AGRICULTURAL CONSERVATION EASEMENT PROGRAM A. Purpose The preservation of the County’s best agricultural land in a manner that directs and accommodates growth and development is a high priority to the residents of the County. To this end the County establishes the following goals: 1. To permanently protect and conserve those soils in the County best suited to agricultural uses; 2. To identify and harmonize policies of government at all levels which may conflict with the goal of protection of farmland; 3. To reduce land use conflicts between agricultural and other land uses; and 4. To promote agriculture as an integral part of the County’s economy. B. Duties and Responsibilities of the Advisory Board The Advisory Board and Farmland Preservation Coordinator shall administer the Agricultural Conservation Easement Program within the farmland preservation program. The Person Soil and Water Conservation District shall make recommendations to the Advisory Board on the selection of properties for purchase and/or donation of conservation easements. Subject to the availability of local, state, and federal funding, the Person Soil and Water Conservation District, with assistance from a private nonprofit conservation organization, may acquire or support the acquisition of conservation easements consistent with this ordinance. ARTICLE XIX PURCHASE AND DONATION OF CONSERVATION EASEMENTS A. General 1. Conservation easements sold or donated to the County shall be granted in favor of Person County. 2. Subject to the availability of funds, the Person Soil and Water Conservation District may purchase conservation easements in agricultural and/or forestry lands. 2. The Person Soil and Water Conservation District may also accept a voluntary donation of a conservation easement or work with third-party partners to facilitate these donations. B. Description 49 16 The purchase or donation of a conservation easement is legally binding, restricting the owner and future owners to agricultural and/or forestry use of the land. conservation easements sold or donated to Person County shall be held for the public benefit by the County, shall be in perpetuity, and shall be in compliance with the North Carolina Conservation and Historic Preservation Agreements Act and applicable federal and state tax laws. C. Additional Authority Person Soil and Water Conservation District acting as a department of Person County, is hereby authorized: 1. To apply for conservation easement grant funding on behalf of the County, including using Person County’s tax ID, Unique Entity ID, and DUNs number; and 2. To enter into cooperative agreements with the Working Lands Trust (“WLT”), United States Department of Agriculture Natural Resource Conservation Service (“USDA NRCS”), North Carolina Department of Agriculture and Consumer Sciences Agricultural Development & Farmland Preservation Trust Fund (“NCDA&CS ADFP”), and/or other agencies to facilitate easement purchases. Further, the Person Soil and Water Conservation District Director, or designee, is authorized to execute conservation easement grant applications and administer said grants on behalf of the County. D. Application Procedure 1. An application for the purchase or donation of a conservation easement must be submitted to the Farmland Preservation Coordinator, or designee. Guidance documents for purchasing or donating conservation easements are housed at the Person County Soil and Water Conservation District office. 2. Upon contact by a landowner, a meeting will be set with the Farmland Preservation Coordinator and a member of the Advisory Board, or its designee, to discuss the purchase or donation of a conservation easement. E. Review and Ranking of Application All applications will be ranked by the Farmland Preservation Coordinator or their designee. The Farmland Preservation Coordinator will rank each of the applications using a farmland preservation ranking system approved by the Agricultural Advisory Board. After the application has been ranked, the Person Soil and Water Conservation District will prioritize applications and make recommendations to the Advisory Board, which shall make final decisions on the purchase and donation of conservation easements. The purchase of conservation easements is subject to the availability of funding. ARTICLE XX BASELINE DOCUMENTATION AND MONITORING 50 17 A. Baseline Documentation Purpose This policy establishes the procedure for the collection, compilation, and storage of baseline documentation for conservation easements managed by Person Soil and Water Conservation District. The Person Soil and Water Conservation District must have baseline documentation for all properties it protects. This information establishes the condition of a property at the time of acquisition, allowing comparisons with findings during subsequent monitoring events. Such information is also required by the IRS for landowners seeking a federal income tax deduction for conservation easement donations. The Person Soil and Water Conservation District, or their designee or agent, will collect this information for the conservation easement donor. Baseline documentation is important in defending conservation properties from threats, including conservation easement violations. The baseline documentation may be relied upon during litigation to establish the condition of a property prior to a conservation easement violation. The Person Soil and Water Conservation District, or their designee, will collect and store all baseline documentation for conservation easements in a manner that maximizes effectiveness for enforcement purposes. B. Baseline Data Collection The volume and specificity of the information included in the baseline documentation report may vary depending on the terms of the easement and the conservation objectives for the property. It is the Person Soil and Water Conservation District’s policy that baseline data will be collected by staff, or their designee. Baseline data collected during a site visit will generally include: 1. Boundary photos, photos of special features, and photos of structures and other improvements and or human modifications; 2. Global Positioning System (GPS) data and locations on a map of each photo, special feature, structure, and other improvements; 3. Other natural resource information documenting the conservation values of the site such as soil maps, land cover data, natural community descriptions, ecological data, and other relevant agricultural or forestry information. A copy of the baseline documentation report shall be kept on file with the easement grantee and must be reviewed by the landowner prior to closing. C. Monitoring Purpose To protect conservation values and maintain safety on its fee simple properties, Person Soil and Water Conservation District or their designee or agent will conduct regular monitoring and maintain detailed records of inspections, problems on the property and actions taken to address such problems. 51 18 1. Monitoring personnel. Overall supervision of monitoring is the responsibility of the grantee but will be coordinated with the Farmland Preservation Coordinator. 2. Monitoring procedure. Comprehensive monitoring shall be performed at least annually, with additional monitoring visits and reports to be generated as needed. ARTICLE XXI FARMLAND PRESERVATION RANKING SYSTEM The farmland preservation ranking system will be used to rank, or prioritize, applications received from landowners seeking sale or donation of their conservation easements. The system can be used for evaluating conversion impact. The Advisory Board is responsible for developing and adopting a system to rank and evaluate projects. ARTICLE XXII LEGAL PROVISIONS A. Severability If any article, section, subsection, clause, phrase, or portion of this is for any reason found invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. B. Conflict with other ordinances and statutes Whenever the provisions of this Ordinance conflict with other ordinances of Person County, this Ordinance shall govern. Whenever the provisions of any federal or state statute require more restrictive provisions than are required by this Ordinance, the provisions of such statute shall govern. C. Amendments This Ordinance may be amended from time to time by the Board of Commissioners. D. Notice A copy of this ordinance, once adopted, shall be recorded with the N.C. Department of Agriculture and Consumer Services. ARTICLE XXIII EFFECTIVE DATE This ordinance shall become effective on its adoption by the Person County Board of Commissioners. ADOPTED THIS THE 17TH DAY OF OCTOBER, 2022. 52 19 REVISED THIS 19TH DAY OF AUGUST, 2024. REVISED THIS 21ST DAY OF SEPTEMBER, 2026 ______________________________________________ Gordon PowellKyle Puryear, Chairperson Date Person County Board of Commissioners ATTEST: __________________________________ Michele Solomon Clerk to Board of Commissioners 53 PERSON COUNTY FARMLAND PRESERVATION ORDINANCE ARTICLE I TITLE An Ordinance of the Board of County Commissioners of PERSON COUNTY, NORTH CAROLINA, entitled, "FARMLAND PRESERVATON ORDINANCE." ARTICLE II AUTHORITY The articles and sections of this Ordinance are adopted pursuant to authority conferred by the North Carolina General Statutes sections §106-735 through 106-744 and Chapter 153A. ARTICLE III PURPOSE The purpose of this Ordinance is to reduce the loss of productive and existing farmland by promoting agricultural values and the general welfare of the county; increase identity and pride in the agricultural community and its way of life; encourage the economic and financial health of agriculture, horticulture, and forestry; decrease the likelihood of legal disputes, such as nuisance actions between farm owners and their neighbors; and encourage participation in said voluntary programs. ARTICLE IV DEFINITIONS The following are defined for purposes of this Ordinance: Advisory Board: Person County Agricultural Advisory Board. Board of Commissioners: Person County Board of Commissioners. Chairperson: Chairperson of the Person County Agricultural Advisory Board. District: Voluntary Agricultural District as established by this Ordinance. Enhanced District: Enhanced Voluntary Agricultural District as established by this Ordinance. 54 Agricultural District: Voluntary Agricultural District and Enhanced Voluntary District as established by this Ordinance. Conservation Agreement: An agreement signed by the landowner committing to keep land in agricultural or forest use, as described in N.C.G.S. 121-35. Conservation Easement: Shall have the meaning as Agricultural Conservation Easement as set forth in N.C.G.S. 106-744, and to the extent not inconsistent with N.C.G.S. 106-744 generally meaning a written easement agreement between a landowner and a qualified conservation organization or public agency under which: • The landowner agrees to keep the land available for agriculture and/or forestry and restrict subdivision or non- farm development and other uses that are incompatible with commercial agriculture and forestry; and • The conservation organization or public agency is responsible for monitoring the easement to ensure the terms of the easement are met. Farmland Preservation Coordinator: Means Person County Soil and Water Conservation District office staff person who supports the Agricultural Advisory Board. ARTICLE V AGRICULTURAL ADVISORY BOARD A. Creation The Board of Commissioners establishes the Person County Agricultural Advisory Board to implement the provisions of this program. B. Membership 1. The Advisory Board shall consist of seven (7) members. 2. Each Advisory Board member, except those serving in an ex officio capacity, shall be a Person County resident or landowner. 3. At least a majority of the members shall be actively engaged in agriculture as defined in N.C.G.S. § 106-581.1. This determination shall be made without reference to ex officio members. 55 4. The members actively engaged in agriculture as defined in N.C.G.S. § 106-581.1, as well as other members, shall be selected for appointment by the Board of Commissioners. The Board of Commissioners may request recommendations when considering applicants for appointments from the Person Soil and Water Conservation District and the Person County Office of North Carolina Cooperative Extension, 5. Additional members may be appointed to the Board in an ex officio capacity from the Person Soil and Water Conservation District Board of Supervisors, the Person County Office of North Carolina Cooperative Extension, the Person County Economic Development Commission, or other agencies, as deemed necessary by the Board of Commissioners. Members serving in an ex officio capacity shall neither vote nor count toward quorum requirements. 6. The members shall be chosen to provide the broadest possible representation of the geographical regions of Person County and to represent, to the extent possible, all segments of agricultural production existing within the county. 7. The Agricultural Advisory Board may be subject to additional policies and procedures as established by the Board of Commissioners. D. Tenure The initial board is to consist of two (2) appointees for terms of two (2) years; two (2) appointees for terms of three (3) years; and three (3) appointees for terms of four (4) years. Thereafter, all appointments are to be for terms of four (4) years, when reappointment permitted. E. Vacancies Any vacancy of a member appointed by the Board of Commissioners on the Advisory Board is to be filled by the Board of Commissioners for the remainder of the unexpired term. F. Removal Any member of the Advisory Board may be removed by the Board of Commissioners upon a majority vote of the Commissioners. No cause for removal shall be required. The Board may recommend that members not meeting attendance standards be removed by the Board of Commissioners. If an appointee, in any calendar year has absences which constitute more than twenty-five percent (25%) of the regularly scheduled Board meetings or three (3) consecutive meetings, whichever comes first, which he or she is required to attend, he or she is obligated to resign. The Board of Commissioners may consider extenuating circumstances. If the individual refuses to resign, he or she may be removed by action of the Board of County Commissioners, by a majority vote, subject to state or local law. A leave of absence may be granted for 56 extraordinary circumstances, such as illness or personal circumstances, upon request to the Board of Commissioners. G. Advisory Board Procedure 1. Chair and Vice Chair: The Advisory Board shall elect a chairperson and vice- chairperson from those members appointed by the commissioners each year at the Advisory Board’s first meeting of the fiscal year. The chairperson shall preside over all regular or special meetings of the Advisory Board. In the absence or disability of the chairperson, the vice-chairperson shall preside and shall exercise all the powers of the chairperson. Additional officers may be elected as needed. 2. Determination of Procedure: The Advisory Board may adopt rules of procedure consistent with this Ordinance or other provisions of State law. 3. Advisory Board Year: The Advisory Board shall use the Person County fiscal year, July 1 - June 30, as its meeting year. 4. Meetings: Meetings of the Advisory Board shall be held at the call of the chairperson and at such other times as the Advisory Board may specify in its rules of procedure or upon the request of at least a majority of the Advisory Board membership. A meeting shall be held at least annually and notice of any meetings to the members shall be in writing unless otherwise agreed to by all Advisory Board members. Meeting dates and times shall be posted as far in advance as possible by all means of public dissemination required by N.C.G.S. § 143-318.12 All meetings shall be open to the public and follow the Open Meetings Laws. 5. Meeting Location: Meetings shall be held at the Person County Office Building. If this facility is unavailable or if the business of the Advisory Board makes it necessary or more convenient to meet at a different location, the chairperson shall determine this location and provide timely notification to all board members and to the public. 6. Majority Vote and Quorum Requirements: All issues shall be decided by a majority vote of the members of the Advisory Board present, except as otherwise stated herein. A quorum is defined as a majority of the members. No business may be conducted by the Advisory Board without a quorum present. 7. Records: The Advisory Board shall keep minutes of the proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the office of the Advisory Board, or its designee, and shall be a public record. 57 8. Administration: The Person County Soil and Water Conservation District office will serve the Advisory Board for record keeping, correspondence, and any other services the Board needs in order to complete its duties. H. Duties The Advisory Board shall: • Review and approve or disapprove applications of landowners for enrollment of qualified farmland, horticultural land, or forestland into the Voluntary/Enhanced Agricultural Districts. By approval of this Ordinance the County Board of Commissioners has delegated authority pursuant to N.C.G.S. §106-739(1) to enroll qualifying farms into Agricultural Districts. • Review and approve the form of the conservation agreement to sustain agriculture required of this Ordinance. • Make recommendations concerning the establishment and modification of Agricultural Districts. • Conduct public hearings related to public condemnation and rezoning of qualifying farmland and other agricultural issues. • Advise the Board of Commissioners on projects, programs, or issues affecting the agricultural economy and agricultural, horticultural or forestry activities within the county that may affect Agricultural Districts. • Review and make recommendations concerning proposed amendments to this ordinance. • Study additional methods of protection for farming, horticulture, forestry, and the attendant land base, and make recommendations to the Board of Commissioners. • Review applications for conservation easement purchases and donations to Person County. The Advisory Board shall have final authority to approve such purchases and donations, subject to the requirements of this ordinance and other applicable law. • Perform other agricultural, horticultural, and forestry-related tasks or duties assigned by the Board of Commissioners. • Provide recommendations and input on modification to the Person County Farmland Preservation Plan as defined in N.C.G.S. §106-744 (e) for presentation to the Board of Commissioners. ARTICLE VI CREATION OF VOLUNTARY AGRICULTURAL DISTRICTS AND ENHANCED VOLUNTARY AGRICULTURAL DISTRICTS 58 A. Implementation In order to implement the purposes stated in Article III, this program provides for the creation of Voluntary Agricultural Districts and Enhanced Voluntary Agricultural Districts which shall meet the following standards: • Agricultural Districts shall contain a minimum of twenty (20) contiguous acres of qualified forest land; ten (10) contiguous acres of qualified farmland; or five (5) contiguous acres of qualified horticultural land, OR, two or more qualified farms that, together, contain a minimum of twenty (20) acres and are located within 2 miles of each other. All acreage must be located in Person County. . • Landowner(s) requesting inclusion in Agricultural Districts shall execute a conservation agreement with the county to sustain agriculture in Agricultural Districts in accordance with Article VII of this ordinance. Said agreement shall be in a form that is reviewed and approved by the Advisory Board. B. Education The county may take such action, as it deems appropriate, through the Advisory Board or other entities or individuals to encourage the formation of the Agricultural Districts and to further their purposes and objectives including the implementation of a public information program to reasonably inform landowners of the agricultural district program. ARTICLE VII CERTIFICATION AND QUALIFICATION OF FARMLAND A. Requirements In order for farmland to qualify for inclusion in a Voluntary or Enhanced Voluntary Agricultural District property, it must be real property that meets the following requirements: 1. Is used for bona fide farm purposes, as that term is defined in G.S. 106-743.4(a) and G.S. 160D-903. 2. Be managed, if highly erodible land exists on the farm, in accordance with the Natural Resources Conservation Service defined erosion-control practices that are addressed to said highly erodible land. 3. The property is the subject of a conservation agreement as defined in G.S. 121-35 between the county and the owner of such land that prohibits nonfarm use or development of such land for a period of at least ten (10) years, except for the creation of not more than three (3) lots that meet applicable municipal and county zoning and subdivision regulations. The form of the conservation agreement shall be approved by the agricultural advisory board created under G.S. 106-739. 59 ARTICLE VIII APPLICATION, APPROVAL, AND APPEAL PROCEDURE A. Application Procedure 1. A landowner may apply to participate in the Voluntary Agricultural District and/or Enhanced Voluntary Agricultural District Program by submitting an application to the Person County Soil and Water Conservation District office. The application shall be on forms provided by the Person County Soil and Water Conservation District office and approved by the Advisory Board. 2. A Conservation Agreement, required by G.S. 106-737 and G.S. 106-743.3, and defined in G.S. 121-35, suited to district type, Voluntary Agricultural District or Enhanced Voluntary Agricultural District, as designated by the landowner(s) to sustain, encourage, and promote agriculture must be executed by the landowner(s) with the Advisory Board. The Conservation Agreement for the Enhanced Voluntary Agricultural District shall be recorded with the Person County Register of Deeds Office as required under G.S. 121-41 (c). B. Approval Process Upon receipt of an application, the Person County Soil and Water Conservation District office will forward applications and any supporting documentation to the members of the Advisory Board and all ex officio members for their evaluation. Advisory Board shall meet within ninety (90) days of receipt of a completed application to determine if the application meets the minimum requirements established by this ordinance. The chairperson shall notify the applicant by first class mail of approval or disapproval within fifteen (15) days. C. Appeal If the Advisory Board determines an application does not meet the requirements of this ordinance, the applicant shall have sixty (60) days to appeal the decision to the Board of Commissioners. Such appeal shall be submitted in writing to the Clerk to the Board of Commissioners. The decision of the Board of Commissioners is final. ARTICLE IX NOTIFICATION A. Public Awareness 60 Upon approval of a Voluntary Agricultural District and/or Enhanced Voluntary Agricultural District, the Person County Soil and Water Conservation District office shall provide notification of said Agricultural District to the following: • Notification shall be mailed to the property owner/applicant by first class mail. • The Person County GIS Department shall maintain maps of approved Agricultural Districts within the Person County Geographic Information Mapping System Database as well as an overlay for all tracts located within one-half (1/2) mile of the property line of any tract of land enrolled in an Agricultural District. • The mapping information shall provide notice reasonably calculated to alert a person researching the title of a particular tract that such tract is located within one half mile of an Agricultural District. This mapping information may be viewed by accessing the Person County GIS website. • Notice of these methods of Agricultural District notification and identification shall be included in all agricultural district program information brochures made available to the public by Person Soil and Water Conservation District, Person County Cooperative Extension, Person County Planning and Zoning Department, and others. B. Signage Person County may place signs identifying approved Agricultural Districts along major roads that pass through or next to those Agricultural Districts. Members of the Agricultural Districts have the privilege of posting signs on their individual farms denoting their Agricultural District membership. Signs must be placed on the landowner’s property outside of any right-of-ways or easements and shall conform to Chapter XII, Sign Regulations, of the Person County Zoning Ordinance. C. Maps Maps identifying approved Agricultural Districts shall be updated at least twice each year and shall be made available through the Person County GIS Department. D. Exclusion of Liability 1. In no event shall the County or any of its officers, employees, members of the Advisory Board, or agents be held liable in damages for any misfeasance, malfeasance, or nonfeasance occurring in good faith in connection with the duties or obligations imposed by this ordinance. 2. In no event shall any cause of action arise out of the failure of a person researching the title of a particular tract to report to any person the proximity of the tract to a qualifying farm or Voluntary Agricultural District or Enhanced Voluntary Agricultural District as defined in this Ordinance. 61 ARTICLE X REVOCATION AND ENFORCEMENT, TRANSFER OF LAND, AND RENEWAL OF CONSERVATION AGREEMENTS A. Revocation and Enforcement 1. By providing written notice to the Advisory Board, a landowner of qualifying farmland may revoke his/her participation in the Voluntary Agricultural District Program formulated pursuant to Article VIII of this ordinance, or the Advisory Board may revoke the same participation based on noncompliance by the landowner. Such revocation shall result in loss of qualifying farm status and loss of eligibility to participate in an Agricultural District. The county will remove the tract from the public record of the program within sixty (60) days. 2. Conservation Agreements for land within Enhanced Districts are IRREVOCABLE for a period of 10 years. At the end of the term, a notice of revocation shall be recorded in the Register of Deeds Office sufficient to provide notice that the land has been withdrawn from the Enhanced Voluntary Agricultural District program if the agreement is not automatically renewed, or renewed voluntary by the landowner(s). B. Transfer of Land 1. Transfers of land in a Voluntary Agricultural District due to death of the landowner, sale, or gift shall not revoke the Conservation Agreement unless the land no longer meets the requirements contained in Article VII. Enforcement of the terms of a Conservation Agreement for land enrolled in a Voluntary Agricultural District shall be limited to revocation of the Conservation Agreement and the benefits derived therefrom. 2. Transfers of land in an Enhanced Voluntary District due to death of the landowner(s), sale, or gift shall not revoke the Conservation Agreement. The Conservation Agreement for the Enhanced Voluntary Agricultural District shall be binding upon all successors in interest to the landowner, except for successors in interest resulting from the exercise of rights under a security interest or lien that preceded the Conservation Agreement. C. Renewal of Conservation Agreements 1. A Conservation Agreement for land within a Voluntary Agricultural District shall automatically renew for subsequent ten (10) year terms unless either the 62 landowner or the Advisory Board provides written notice prior to the expiration of the conservation agreement. 2. A Conservation Agreement for land within an Enhanced Voluntary Agricultural District shall be deemed automatically renewed for an additional term of three (3) years, unless either the Advisory Board or the landowner provides written notice prior to the expiration of the Conservation Agreement. At the end of the three (3) year term, the Conservation Agreement for land within an Enhanced Voluntary Agricultural District will expire and the county will remove the tract from the public record of the program within sixty (60) days. At such time, landowners wishing to continue in the program will need to re-apply. ARTICLE XI WAIVER OF WATER AND SEWER OR ALL UTILITY ASSESSMENTS A. No Connection Required 1. A landowner belonging to an Agricultural District shall not be required to connect to Person County water and/or sewer systems. 2. A landowner belonging to an Enhanced District shall not be required to connect to Person County utility systems. B. Abeyance 1. Water and sewer assessments shall be held in abeyance, without interest, for farms in an Agricultural District, until improvements on such property are connected to the water or sewer system for which the assessment was made. 2. Utility assessments shall be held in abeyance, without interest, for farms in an Enhanced District, until improvements on such property are connected to the utility system for which the assessment was made. C. Termination of Abeyance When the period of abeyance ends, the assessment is payable in accordance with the terms set out in the assessment resolution. D. Suspension of Statute of Limitations Statutes of limitations are suspended during the time that any assessment is held in abeyance without interest. The landowner shall be required to sign an acknowledgement, which shall be incorporated into the Conservation Agreement, of the abeyance of the statute of limitations upon collecting water and sewer assessments, or other utility assessments. 63 E. Other Statutory Abeyance Procedures Nothing in this section is intended to diminish the authority of the County to hold assessments in abeyance under G.S. 153A-201, or other applicable law. F. Conflict with Water and/or Sewer System Construction and Improvements Grants To the extent that this section conflicts with the terms of federal, state, or other grants under which county utility systems are constructed this section shall not apply. This section shall not apply to utilities that are not owned by the County unless the County has entered into an agreement with the entity(ies) owning the utilities and that agreement provides that this Ordinance shall apply. ARTICLE XII ADDITIONAL ENHANCED AGRICULTURAL DISTRICT BENEFITS Land enrolled in the Enhanced Voluntary Agricultural District program is entitled to all of the benefits available under the Voluntary Agricultural District program, and to the following additional benefits under this Article: A. Sale of Non-farm Products Landowners participating in Enhanced Districts may receive up to twenty-five percent of gross sales from the sale of nonfarm products and still qualify as a bona fide farm that is exempt from county zoning regulations under G.S. 153A-340(b). For purposes of G.S. 153A-340(b), the production of any nonfarm product that the Department of Agriculture and Consumer Services recognizes as a "Goodness Grows in North Carolina" product that is produced on a farm that is subject to a Conservation Agreement under G.S. 106-743.2 is a bona fide farm purpose. A farmer seeking to benefit from this subsection shall have the burden of establishing that the property's sale of nonfarm products did not exceed twenty-five percent of its gross sales. A county may adopt an ordinance pursuant to this section that sets forth the standards necessary for proof of compliance. B. Agricultural Cost Share Program Landowners participating in Enhanced Districts are eligible under G.S. 106-850 (b) to receive the higher percentage of cost-share funds for the benefit of that farmland under the Agriculture Cost Share Program established pursuant to Chapter 106, Article 72, of the North Carolina General Statutes. C. Priority Consideration State departments, institutions, or agencies that award grants to farmers are encouraged to give priority consideration to landowners participating in Enhanced Districts. 64 D. Utility Assessment Waiver As provided in Article XI, waiver of all county utility assessments, in addition to waiver of water and sewer assessments, is available to all participants in Enhanced Districts. ARTICLE XIII PUBLIC HEARINGS ON CONDEMNATION AND REZONING OF QUALIFING FARMLAND A. Purpose Pursuant to G.S. 106-740, no State or local public agency or governmental unit shall formally initiate any action to condemn any interest in qualifying farmland, or rezone such land, within an Agricultural District until such agency or unit has requested the Advisory Board to hold a public hearing on the proposed condemnation or rezoning B. Procedure Upon receiving a request to hold a hearing on the proposed condemnation or rezoning action, the Advisory Board shall provide a ten (10) day notice of a public hearing to be held within thirty (30) days after receipt or the request. The Advisory Board shall meet to review: 1. Whether the need for the project has been satisfactorily established by the agency or unit of government involved, including a review of any fiscal impact analysis conducted by the agency involved. 2. Whether there are alternatives to the proposed action that have less impact and are less disruptive to the agricultural activities of the Agricultural District within which the proposed action is to take place. 3. The Advisory Board shall consult with the Soil and Water Conservation District Office, Cooperative Extension Agricultural Agent(s), Natural Resources Conservation Service District Conservationist, and any other individuals, agencies, or organizations deemed by the Advisory Board to be necessary for its review of the proposed action. Land value will not be a factor in the selection between properties under consideration for the proposed action. 4. Within five (5) days after the hearing, the Advisory Board shall make a report containing its findings and recommendations regarding the proposed action. The report shall be made available to the public for comment prior to its being conveyed to the decision- making body of the agency proposing the acquisition by condemnation. 5. There will be a period of seven (7) days allowed for public comment on the report of the Advisory Board. 65 6. After the seven (7) day period for public comment has expired, the Advisory Board shall submit a final report containing all of its findings and recommendations regarding the proposed action to the decision making body of the agency proposing the acquisition by condemnation or rezoning action. 7. The total time, from the day that a request for a hearing has been received to the day that a final report is issued to the decision making body of the agency proposing the acquisition or rezoning shall not exceed forty-five (45) days. The State or local public agency or governmental unit proposing to acquire property by condemnation or the rezoning request shall not formally initiate condemnation or rezoning action until one hundred-twenty (120) days after the date the Advisory Board submits its findings and recommendations to the agency or unit. The Board of Commissioners shall condemn farmland within an Agricultural District only as a “last resort” if it is considering condemnation for County purposes. ARTICLE XIV SUBDIVISION ORDINANCE AND ZONING ORDINANCE REVIEW Developers of major subdivisions, apartment complexes or planned unit developments shall designate on preliminary development plans, the existence of any and all Agricultural Districts within one-half (½) aerial mile of the proposed development. ARTICLE XV COUNTY LAND-USE PLANNING A. Duty of the Advisory Board It shall be the duty of the Advisory Board to advise the Board of Commissioners or the agency or office to which the Board of Commissioners has delegated the authority to oversee county land-use planning, on the status, progress, and activities of the county's agricultural district program and to also coordinate the formation and maintenance of Agricultural Districts with the county's land-use planning activities and the county's land-use plan if one currently exists at the time this is enacted or when one is formed. B. Posting of Notice The following notice of a size and form suitable for posting shall be posted in the Soil and Water Conservation District office and any other office or agency the Advisory Board deems necessary: Person County has established Agricultural Districts to protect and preserve agricultural lands and activities. These districts have been developed and 66 mapped by the county to inform all purchasers of real property that certain agricultural and forestry activities, including but not limited to pesticide spraying, manure spreading, machinery and truck operation, livestock operations, sawing, prescribed burning, and other common farming activities may occur in these districts any time during the day or night. Maps and information on the location and establishment of these districts can be viewed from Person County GIS Department Mapping. C. Growth Corridors At such time as the county might establish designated growth corridors, agricultural districts shall not be permitted in the designated growth corridors as delineated on the official county planning map without the approval of the Board of Commissioners. Agricultural Districts located in growth corridors designated after the effective date of this program may remain, but shall not be expanded within the growth corridor area without the approval of the Board of Commissioners. ARTICLE XVI CONSULTATION AUTHORITY The Advisory Board may consult with the Person Soil and Water Conservation District, the North Carolina Cooperative Extension, the Natural Resources Conservation Service, the North Carolina Department of Agriculture and Consumer Services, and with any other individual, agency, or organization the Advisory Board deems necessary to properly conduct its business. ARTICLE XVII NORTH CAROLINA AGENCY NOTIFICATION At least annually, the Person County Soil and Water Conservation District office shall submit a written report to the Office of the Commissioner of Agriculture and Consumer Services on the County's agricultural district programs, including the following information: • Number of landowners enrolled • Number of acres enrolled • Number of acres certified during the reporting period • Number of acres denied during the reporting period • Number of acres for which applications are pending • Copies of any amendments to this Ordinance • Any other information the Advisory Board deems useful 67 A copy of this report shall also be provided to the Board of Commissioners. ARTICLE XVIII AGRICULTURAL CONSERVATION EASEMENT PROGRAM A. Purpose The preservation of the County’s best agricultural land in a manner that directs and accommodates growth and development is a high priority to the residents of the County. To this end the County establishes the following goals: 1. To permanently protect and conserve those soils in the County best suited to agricultural uses; 2. To identify and harmonize policies of government at all levels which may conflict with the goal of protection of farmland; 3. To reduce land use conflicts between agricultural and other land uses; and 4. To promote agriculture as an integral part of the County’s economy. B. Duties and Responsibilities of the Advisory Board The Advisory Board and Farmland Preservation Coordinator shall administer the Agricultural Conservation Easement Program within the farmland preservation program. The Person Soil and Water Conservation District shall make recommendations to the Advisory Board on the selection of properties for purchase and/or donation of conservation easements. Subject to the availability of local, state, and federal funding, the Person Soil and Water Conservation District, with assistance from a private nonprofit conservation organization, may acquire or support the acquisition of conservation easements consistent with this ordinance. ARTICLE XIX PURCHASE AND DONATION OF CONSERVATION EASEMENTS A. General 1. Conservation easements sold or donated to the County shall be granted in favor of Person County. 2. Subject to the availability of funds, the Person Soil and Water Conservation District may purchase conservation easements in agricultural and/or forestry lands. 2. The Person Soil and Water Conservation District may also accept a voluntary donation of a conservation easement or work with third-party partners to facilitate these donations. 68 B. Description The purchase or donation of a conservation easement is legally binding, restricting the owner and future owners to agricultural and/or forestry use of the land. conservation easements sold or donated to Person County shall be held for the public benefit by the County, shall be in perpetuity, and shall be in compliance with the North Carolina Conservation and Historic Preservation Agreements Act and applicable federal and state tax laws. C. Additional Authority Person Soil and Water Conservation District acting as a department of Person County, is hereby authorized: 1. To apply for conservation easement grant funding on behalf of the County, including using Person County’s tax ID, Unique Entity ID, and DUNs number; and 2. To enter into cooperative agreements with the Working Lands Trust (“WLT”), United States Department of Agriculture Natural Resource Conservation Service (“USDA NRCS”), North Carolina Department of Agriculture and Consumer Sciences Agricultural Development & Farmland Preservation Trust Fund (“NCDA&CS ADFP”), and/or other agencies to facilitate easement purchases. Further, the Person Soil and Water Conservation District Director, or designee, is authorized to execute conservation easement grant applications and administer said grants on behalf of the County. D. Application Procedure 1. An application for the purchase or donation of a conservation easement must be submitted to the Farmland Preservation Coordinator, or designee. Guidance documents for purchasing or donating conservation easements are housed at the Person County Soil and Water Conservation District office. 2. Upon contact by a landowner, a meeting will be set with the Farmland Preservation Coordinator and a member of the Advisory Board, or its designee, to discuss the purchase or donation of a conservation easement. E. Review and Ranking of Application All applications will be ranked by the Farmland Preservation Coordinator or their designee. The Farmland Preservation Coordinator will rank each of the applications using a farmland preservation ranking system approved by the Agricultural Advisory Board. After the application has been ranked, the Person Soil and Water Conservation District will prioritize applications and make recommendations to the Advisory Board, which shall make final decisions on the purchase and donation of conservation easements. The purchase of conservation easements is subject to the availability of funding. 69 ARTICLE XX BASELINE DOCUMENTATION AND MONITORING A. Baseline Documentation Purpose This policy establishes the procedure for the collection, compilation, and storage of baseline documentation for conservation easements managed by Person Soil and Water Conservation District. The Person Soil and Water Conservation District must have baseline documentation for all properties it protects. This information establishes the condition of a property at the time of acquisition, allowing comparisons with findings during subsequent monitoring events. Such information is also required by the IRS for landowners seeking a federal income tax deduction for conservation easement donations. The Person Soil and Water Conservation District, or their designee or agent, will collect this information for the conservation easement donor. Baseline documentation is important in defending conservation properties from threats, including conservation easement violations. The baseline documentation may be relied upon during litigation to establish the condition of a property prior to a conservation easement violation. The Person Soil and Water Conservation District, or their designee, will collect and store all baseline documentation for conservation easements in a manner that maximizes effectiveness for enforcement purposes. B. Baseline Data Collection The volume and specificity of the information included in the baseline documentation report may vary depending on the terms of the easement and the conservation objectives for the property. It is the Person Soil and Water Conservation District’s policy that baseline data will be collected by staff, or their designee. Baseline data collected during a site visit will generally include: 1. Boundary photos, photos of special features, and photos of structures and other improvements and or human modifications; 2. Global Positioning System (GPS) data and locations on a map of each photo, special feature, structure, and other improvements; 3. Other natural resource information documenting the conservation values of the site such as soil maps, land cover data, natural community descriptions, ecological data, and other relevant agricultural or forestry information. A copy of the baseline documentation report shall be kept on file with the easement grantee and must be reviewed by the landowner prior to closing. C. Monitoring Purpose 70 To protect conservation values and maintain safety on its fee simple properties, Person Soil and Water Conservation District or their designee or agent will conduct regular monitoring and maintain detailed records of inspections, problems on the property and actions taken to address such problems. 1. Monitoring personnel. Overall supervision of monitoring is the responsibility of the grantee but will be coordinated with the Farmland Preservation Coordinator. 2. Monitoring procedure. Comprehensive monitoring shall be performed at least annually, with additional monitoring visits and reports to be generated as needed. ARTICLE XXI FARMLAND PRESERVATION RANKING SYSTEM The farmland preservation ranking system will be used to rank, or prioritize, applications received from landowners seeking sale or donation of their conservation easements. The system can be used for evaluating conversion impact. The Advisory Board is responsible for developing and adopting a system to rank and evaluate projects. ARTICLE XXII LEGAL PROVISIONS A. Severability If any article, section, subsection, clause, phrase, or portion of this is for any reason found invalid or unconstitutional by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. B. Conflict with other ordinances and statutes Whenever the provisions of this Ordinance conflict with other ordinances of Person County, this Ordinance shall govern. Whenever the provisions of any federal or state statute require more restrictive provisions than are required by this Ordinance, the provisions of such statute shall govern. C. Amendments This Ordinance may be amended from time to time by the Board of Commissioners. D. Notice A copy of this ordinance, once adopted, shall be recorded with the N.C. Department of Agriculture and Consumer Services. 71 ARTICLE XXIII EFFECTIVE DATE This ordinance shall become effective on its adoption by the Person County Board of Commissioners. ADOPTED THIS THE 17TH DAY OF OCTOBER, 2022. REVISED THIS 19TH DAY OF AUGUST, 2024. REVISED THIS 21ST DAY OF SEPTEMBER, 2026 ______________________________________________ Kyle Puryear, Chairperson Date Person County Board of Commissioners ATTEST: __________________________________ Michele Solomon Clerk to Board of Commissioners 72 AGENDA ABSTRACT Meeting Date: Agenda Title: Summary of Information: advisory board policy, and on Aug. 17 and Sept. 8, the Board provided feedback on the draft policy. The attached policy sets clear, consistent expectations for all advisory boards, covering things like definitions, attendance, meeting types (including remote meetings), notices and minutes, roles and responsibilities, quorum and voting rules, and ethics. The new policy would replace the resolutions that currently prescribe the advisory board appointment process and ethical responsibilities. The red-lined version of the draft policy tracks changes made since the Board’s last review. Upon approval of the attached resolution, the new policy would become effective Jan. 1, 2027, giving each advisory board time to develop its own short (3–5 page) set of policies and procedures subject to Board of Commissioners approval. These documents would include the advisory board’s specific charge and any rules unique to that board. Once approved, any previously adopted bylaws would no longer apply. This approach would give the Board of Commissioners a structured way to review each advisory board in the coming months, make sure each advisory board’s charge supports the Financial Impact: Recommended Action: • Adopt the Person County Advisory Board Policy, effective January 1, 2027. • Require all existing advisory boards to submit aligned Policies and Procedures within the timeframe set by County administration. • Repeal any previously adopted resolutions or policies that conflict with the new 73 • Direct County staff to implement, maintain, periodically review, and recommend updates to the Advisory Board Policy to support best practices and community Submitted By: 74 1 Person County Advisory Board Policy Section 1. Scope A. Purpose 1. The Person County Advisory Board Policy establishes a consistent framework for the formation, operation, and oversight of Person County advisory boards, committees, commissions, and councils (hereinafter “advisory boards”). It defines the structure for advisory board appointments, membership terms, responsibilities, and reporting requirements to ensure transparency, accountability, and effective community engagement. By formalizing these guidelines, the policy supports advisory boards in providing informed recommendations to the Board of Commissioners on matters affecting the County. B. Authority 1. North Carolina General Statute 153A-76 grants boards of county commissioners the authority to establish advisory boards and to appoint members to and remove members from those advisory boards. 2. The Board of Commissioners may establish rules and regulations in reference to managing the interest and business of the County. 3. The Board of Commissioners has the responsibility to appoint individuals to serve as members of advisory boards established by the Board of Commissioners. 4. Person County department heads and staff are responsible for providing support to the advisory boards. 5. Advisory boards serve in a consultative capacity, offering recommendations, research, analysis, and community feedback to inform county policies and decisions. C. Applicability 1. To the extent it does not conflict with the statute or ordinance creating a specific advisory board, where applicable, this Advisory Board Policy applies to the following Person County advisory boards:  Agricultural Advisory Board  Airport Commission  Animal Services Advisory Committee  Board of Health  Child Fatality Local Team  Economic Development Commission  Environmental Issues Advisory Committee  Human Services Advisory Committee  Industrial Facilities & Pollution Control Financing Authority  Juvenile Crime Prevention Council  Library Advisory Board  Local Emergency Planning Committee  Opioid Settlement Advisory Committee  PATS Transportation Advisory Board 75 2  Planning Board  Recreation Advisory Board 2. This Advisory Board Policy shall also apply to any new boards, commissions, councils, committees, work groups, or task forces upon creation by the Board of Commissioners when the approved composition includes positions to be filled by Person County residents. 3. Except as otherwise provided herein or through a specific advisory board policies and procedures document as approved by the Board of Commissioners, this Advisory Board Policy shall control the appointment, reporting, operation, and other requirements of the advisory boards listed above, except to the extent the same are controlled by a specific statute or ordinance. In those cases, as noted above, where a statute or ordinance controls the requirements of the advisory board and the terms of this Advisory Board Policy conflict with the terms of the statute or ordinance, the statute or ordinance shall prevail. D. Definitions 1. Advisory Board – A group appointed by the Board of Commissioners to provide recommendations on specific policy areas, programs, or community needs. Advisory boards do not have legislative or regulatory authority but serve in an advisory capacity. 2. Advisory Board Chair – A member of an advisory board elected or appointed to lead meetings, set agendas, and ensure the advisory board operates efficiently. 3. Advisory Board Member – An individual appointed by the Board of Commissioners to serve on an advisory board, to provide input on matters within the advisory board’s purview. 4. Advisory Board Vice-Chair – A member of an advisory board elected or appointed to assist the chair and assume leadership responsibilities in the chair’s absence. 5. Agenda – A written outline of the items to be discussed, presented, or acted upon during a meeting of an advisory board. 6. Board of Commissioners (BOC) – The elected governing body of Person County responsible for establishing policies, appointing advisory board members, and overseeing advisory board activities. 7. Designated Seats – Seats on advisory boards that are designated for specific appointments as outlined in each advisory board’s policies and procedures. 8. Ex-officio – Ex-officio members serve on an advisory board by virtue of their position or office. These members are appointed to an advisory board based on the role they hold within the County or a partner organization. 9. Immediate Family Member - A person’s spouse, parent, guardian, child, sister, brother, grandparent, grandchild plus the various combinations of half, step, in-law, and adopted relationships that can be derived from those named. 10. Meeting Minutes – Full and accurate official written record of discussions, decisions, and actions taken during an advisory board meeting. Minutes must be maintained as part of the public record according to North Carolina General Statute §143-318.10. 11. Meeting Notice – Official notice of any advisory board meeting. 12. Public Record – Records in any form, including meeting minutes, reports, emails, text message, that are received or created while conducting business according to Chapter 132 of the North Carolina General Statutes and the Person County Records Retention Schedule. 13. Quorum – The minimum number of members required to be present for an advisory board to conduct official business, as defined by this Advisory Board Policy. 76 3 14. Staff Liaison – A designated staff member who supports an advisory board by providing guidance, administration, and ensuring alignment with Board of Commissioners’ directives while taking direction from their department leadership. 15. Statutory Requirement – A legal obligation imposed by federal, state, or local law that takes precedence over provisions in this policy when applicable. Section 2: Establishment of Advisory Boards A. Appointment Eligibility 1. All members of standing, statutory boards must meet the qualifications for the specific statutory requirements for an appointed position. 2. All members must be eighteen (18) years of age or older unless applying for a youth- designated position. 3. Except as otherwise provided in advisory board policies and procedures, all members shall be residents of Person County and shall maintain their residence in Person County. 4. All members shall have a good reputation for integrity and an interest in community service. 5. No member shall be currently employed by Person County government and serve on a board that directly affects their work, with the exception of ex-officio positions. 6. No member shall have an immediate family member serving concurrently on the same advisory board. 7. No member may currently be a party to or be the actual legal representative in litigation against Person County. 8. Each member must be prepared and committed to participating in advisory board work in a manner that enhances relationships between the county and the community. 9. All members are representatives of the Board of Commissioners and shall conduct themselves, both in their official actions and personal actions so as to be above reproach in their conduct and shall not bring disrepute to either the County or the Board of Commissioners. 10. No person appointed to an advisory board may concurrently serve in any publicly elected office. *(Does not apply where the appointment is required by law, intergovernmental agreement, or approved Person County board-specific policy. Applies to all boards, committees, and quasi-judicial boards.) 11. No person may concurrently hold more than two (2) positions appointed by the Board of Commissioners. This restriction does not impact an individual’s service on the Board of Equalization and Review or short-term task forces or work groups. 12. The Board of Commissioners may waive any of the conditions within this section, with the exception of statutorily imposed conditions. B. Composition 1. The Board of Commissioners shall appoint all members to advisory boards. The Board of Commissioners shall endeavor to appoint members who represent the ethnic, racial, cultural, demographic, and geographic diversity of the community. 2. The Board of Commissioners shall appoint sitting county commissioners to advisory boards according to the following procedures: a. All appointments shall be made by the Chair of the Board of Commissioners. 77 4 b. All appointments shall be in an official meeting. c. All appointments shall be and are designated as ex-officio appointments of the Board of Commissioners. C. Selection Criteria 1. Appointed members shall be qualified by the Clerk to the Board. 2. Members shall be appointed from applicants who have properly filed and submitted applications to the Clerk to the Board. 3. Advisory board recommendations regarding appointments may be solicited but are not binding. Final appointment authority rests solely with the Board of Commissioners. D. Application, Nomination, and Appointment Procedures 1. All members of advisory boards serve at the pleasure of the Board of Commissioners. 2. Appointments to advisory boards will be initiated with a public application process. 3. The Clerk to the Board will keep all applications from interested residents for one year from the date of application. After the one-year period, a new application is required. 4. All appointments to advisory boards will be made by the Board of Commissioners. E. Terms 1. Lengths of Terms – Unless otherwise specified by the Board of Commissioners or required by statute, all appointments to advisory boards shall be for a term of three (3) years. Terms shall begin on July 1 and end on June 30 of the third calendar year following the beginning of the term. 2. Staggered Terms – Terms of advisory board members shall be staggered such that approximately one-third of the membership’s terms expire each year. For newly established advisory boards or major restructurings, initial appointments may include 1-, 2-, and 3-year terms to establish the rotation. 3. Appointment Timing – Regular appointments will occur prior to July 1, with terms commencing on July 1 to align with the annual appointment cycle. 4. Reappointment and Term Limits – Members may be reappointed to consecutive terms. There are no formal term limits; individuals may continue serving if they are reappointed by the Board of Commissioners. All members seeking reappointment are required to complete an application as established by this policy before reappointment consideration. F. Resignation 1. A member of an advisory board may resign at any time by providing written notice to the chair and the assigned staff liaison. The staff liaison shall promptly forward the resignation notice to the Clerk to the Board. The resignation shall be effective as of the date specified in the notice, or immediately if no date is provided. Once a resignation becomes effective, the member shall no longer participate in advisory board meetings or activities in any official capacity. 2. An announcement of the open seat will be made after the resignation notice is received by the Clerk to the Board. G. Vacancies 78 5 1. Upon the expiration of the term of service of members or should a vacancy otherwise occur, the Board of Commissioners shall have the responsibility of selecting and appointing new members to the advisory board. 2. Should any vacancy for which there is a board-specific requirement that such vacancy be filled by a nominee of a municipality or a resident of a specific Person County township remain unfilled for six (6) consecutive months the board-specific requirements may be set aside and the Board of Commissioners may fill the vacancy with any applicant otherwise qualified to serve. H. Removal 1. Advisory board members serve at the pleasure of the Board of Commissioners and may be removed at any time by majority vote of the Board of Commissioners, with or without cause. Grounds for removal include, but are not limited to, the following: a. Failure to Attend Meetings – Repeated absences from scheduled advisory board meetings without prior notice or valid cause. As a general guideline, a member who misses three (3) consecutive regular meetings or more than 25% of scheduled meetings in a 12-month period may be considered for removal due to non-participation. b. Neglect of Duties – Failure to actively engage in advisory board business, including review of materials, participation in discussions, or completion of assigned tasks as determined by the Board of Commissioners. c. Violation of Policies or Conduct Expectations – Conduct inconsistent with County policies, including but not limited to this policy, ethics standards, or conflict of interest provisions. d. Loss of Eligibility – A change in status that renders the member ineligible, such as relocation outside of Person County, assumption of an incompatible public office, or involvement in active litigation against the County. Prior to removal, the chair or staff liaison may provide notice to the member regarding the concern, though formal notice is not required. The Board of Commissioners reserves sole authority to determine whether removal is warranted. I. Release from Service 1. When it is deemed necessary by the Board of Commissioners to release a member from their term of appointment on an advisory board, the affected individual shall be notified by the Clerk to the Board by letter and/or electronic mail. 2. When an advisory board has completed its function, the members shall be informed of the completion of their service and the termination of the advisory board by letter and/or electronic mail. J. End of Term 1. A member’s term shall conclude on the official expiration date as established at the time of appointment, typically June 30 of the applicable year. Members may continue to serve beyond their term expiration until a successor is appointed: a. Reappointment – Members who remain eligible may request consideration for reappointment. Reappointment is not automatic and shall be determined by the Board of Commissioners based on the member’s performance, attendance, participation, and 79 6 the needs of the advisory board. A member seeking reappointment must submit a completed application using the official form provided by the County Manager's Office. b. Conclusion of Service – If a member does not seek reappointment or is not reappointed, their service shall conclude on the expiration date of their term or upon appointment of a successor, whichever occurs later. c. Vacancy and Transition – The Clerk to the Board shall coordinate the application and appointment process to avoid disruption to advisory board operations and to maintain quorum. K. Dissolution of Advisory Boards 1. The Board of Commissioners retains the right to dissolve an advisory board at its discretion. In the event of dissolution, all records, reports, and meeting minutes will be archived in accordance with Chapter 132 of the North Carolina General Statutes (Public Records Law) and Person County Records Retention Schedule. Dissolution may occur under any of the following conditions, including but not limited to: a. The advisory board has fulfilled its intended purpose and is no longer needed. b. The advisory board has been inactive for a specified period as determined by the Board of Commissioners. c. The advisory board is deemed redundant due to changes in county priorities, policies, or governance structures. d. The advisory board fails to meet compliance requirements, such as maintaining a quorum or fulfilling reporting obligations. Section 3. Roles and Responsibilities A. Advisory Board 1. Scope of Responsibilities – Each advisory board shall fulfill its responsibilities as outlined in its policies and procedures document. Responsibilities may include but are not limited to: a. Reviewing and assessing policies, programs, or operations within the advisory board’s subject matter area; b. Engaging with community members and stakeholders to gather feedback and identify needs; c. Preparing written recommendations, reports, or policy options for Board of Commissioners consideration; d. Assisting County staff in planning, program evaluation, or public engagement efforts, as requested. B. Members 1. Members shall attend and actively participate in meetings of the advisory board, serve on subcommittees, and perform other functions as assigned by the chair with the approval of the advisory board. 2. If a member is unable to attend a meeting, the member shall contact the chair or staff liaison as soon as possible, and at least forty-eight (48) hours before the scheduled meeting. C. Advisory Board Leadership 80 7 1. Chair – Each advisory board shall elect a chair from among its voting members on an annual basis, unless otherwise specified. The chair shall: a. Preside over all meetings of the advisory board; b. Serve as the primary point of contact with the staff liaison and the Board of Commissioners when needed; c. Assist staff in developing the advisory board meeting agenda; d. Carry out advisory board assignments as required by the Board of Commissioners; e. Review all advisory board minutes and propose recommendations or assign another member of the advisory board to do so; f. Coordinate the preparation and presentation of advisory board recommendations and reports; g. Assist staff in preparing the annual report and work plan of the advisory board each year; h. Sign correspondence and represent the board before the Board of Commissioners with the formal approval of the advisory board by motion and vote; i. Perform other duties necessary or customary to the office. 2. Vice-Chair – Advisory boards may elect annually a vice-chair to support the chair and assume leadership responsibilities in the chair’s absence. The vice-chair shall perform all duties delegated by the chair and assist in facilitating advisory board operations. 3. Secretary – Each advisory board may designate annually a secretary from among its voting members or may rely on the assigned staff liaison to fulfill secretarial duties if no member is designated. The role of the secretary is to support meeting documentation and communication functions to ensure the advisory board’s records are accurate and complete. The secretary’s responsibilities may include: a. Assisting with the preparation or review of meeting agendas and minutes, in coordination with the chair and staff liaison; b. Recording motions and votes during meetings when a staff member is not present to do so; c. Maintaining a record of attendance and quorum for the advisory board; d. Ensuring that meeting minutes are reviewed and approved at subsequent meetings; e. Notifying the chair or staff liaison of any corrections needed in the record; f. Helping track follow-up actions or assignments from meetings. 4. Removal a. The Chair, Vice-Chair and/or member Secretary may be replaced at any time by the Board of Commissioners. D. County Staff Liaison 1. Each advisory board shall be assigned a staff liaison who is responsible for: a. Coordinating meeting logistics, agenda development, public notice, and minute-taking; b. Monitoring and recording attendance in the official minutes; c. Providing technical assistance, subject matter expertise, and administrative support; d. Ensuring compliance with County policies, public records law, and open meetings law; e. Coordinating onboarding and training for advisory board members; f. Managing the advisory board’s budget; and 81 8 g.Serving as a communication link between the advisory board and County departments or leadership. E.Subcommittees 1.Formation of Subcommittees – Advisory boards may establish subcommittees or working groups to address specific issues or projects, provided the full advisory board, with a quorum present, authorizes such groups by majority vote. These subcommittees must comply with open meetings law requirements if a quorum of the subcommittee is present. 2.Role of Subcommittees – Subcommittees serve as extensions of the advisory board and are established to examine specific issues, conduct research, or develop recommendations on focused topics. They operate under the direction of the full advisory board and shall report their findings for discussion and approval before any action or recommendation is advanced to the Board of Commissioners. Section 4. Organization A.Orientation and Training 1.Person County will make available for advisory board members and department staff training on state and/or county goals and priorities as well as relevant statutes and policies, including open meetings, public records, conflicts of interest, and ethics. 2.Each member shall complete an orientation to familiarize the advisory board members with the operation of County government, applicable department rules, and the operating procedures of the advisory board. 3.Advisory board members will be issued a manual and should become familiar with its contents. B.Operating Expenses 1.Members, when in service on a board, are not employees of Person County. 2.Members serve in a voluntary capacity and shall receive monetary compensation or reimbursement only per standard county policy and with Board of Commissioners’ approval. 3.The County will provide office supplies and assume responsibility for other reasonable expenses necessary for the operation of the advisory board. Section 5. Meetings A.Regular Meetings 1.All meetings are to be open to the public as required by the applicable North Carolina General Statutes. 2.Advisory boards may meet hold special and emergency meetings remotely, as needed, pursuant to the remote meeting rules set out herein. The Board of Commissioners may also authorize an advisory board to conduct regular meetings remotely, as provided in the advisory board’s policies and procedures. 3.The date, time, and place for regular advisory board and subcommittee meetings shall be consistent with the guidelines below. a.The advisory board meets on schedule as established by its policies and procedures. b.Subcommittee meeting dates shall be set by the subcommittee chairs. 82 9 c. A schedule of all meeting dates, times, and places shall be properly posted in accordance with North Carolina law and delivered to the Clerk to the Board. B. Special Meetings 1. A majority of advisory board members or the chair may call special meetings at any time for any specific business. Special meetings shall be convened at a location selected by the chair. 2. All called special meetings shall be noticed in accordance with North Carolina law and delivered to the Clerk to the Board. C. Emergency Meetings 1. A majority of advisory board members or the chair may call a meeting in emergency circumstances by providing telephone notice to media outlets at least one hour prior to the meeting. 2. An emergency situation includes a disaster that severely impairs the public’s health or safety. In the event telephone services are not working, notice that the meeting occurred must be given as soon as possible after the meeting in accordance with North Carolina law and by delivery to the Clerk to the Board. D. Remote meetings 1. Advisory boards subject to this policy may meet remotely, except the Planning Board, Board of Adjustment, and Board of Equalization and Review. 2. A remote meeting is an official meeting, or any part thereof, with a majority or all of the members of the advisory board participating by simultaneous communication. Simultaneous communication is any communication by conference telephone, conference video, or other electronic means. 3. Advisory boards shall coordinate with the staff liaison to notify the public of the means by which the public may access the remote meetings. 4. If at any time during a remote meeting the number of members needed for a quorum is disrupted by a loss of simultaneous communication, the meeting will not continue until simultaneous communication is restored and if simultaneous communication cannot be restored, the meeting will be adjourned without further action. E. Notice of Meetings Generally 1. Advisory board meeting agendas shall be made available to all members and interested parties, and to any person who requests such notice, at least seven (7) days in advance of the meeting by e-mail and by posting on the County website. 2. Prior to January 5th of each calendar year, advisory boards shall submit their meeting schedules to the Clerk to the Board for posting to a readily accessible location. F. Meeting Cancelations 1. The chair or staff liaison may cancel an advisory board meeting if there is no pending business or expected quorum. 2. Procedure for canceling an advisory board meeting: 83 10 a. Notify Members – Alert all advisory board members and the advisory board’s sunshine list, including the Clerk to the Board and Public Information Officer, as early as possible via email. b. Post Public Notice – Post a cancelation notice on the County website immediately following notification of member. c. Rescheduling – If rescheduling, follow statutory requirements for regular or special meeting notices under open meetings law. G. Agendas 1. Advisory board members and/or staff members shall submit agenda items to the chair and staff liaison for consideration at least fourteen (14) days prior to a scheduled meeting. 2. The agenda must provide a description of each item of business to be transacted or discussed so that interested members of the public will be capable of understanding the nature of each agenda item. 3. Advisory boards may allow public comment during meetings but are not required to do so. If public comment is permitted, the opportunity, process, and any time limits shall be communicated in advance and conducted in accordance with North Carolina General Statutes Chapter 143, Article 33C (Open Meetings Law). 4. As a general rule, only those items appearing on the agenda will be discussed or voted on. However, if an item is raised by a member of the public, the advisory board may accept public comment and discuss the item so long as no action is taken until a subsequent meeting. 5. With the chair’s agreement, the staff liaison will develop and distribute to each member an agenda listing the matters to be considered at upcoming advisory board meetings. Also, so far as practicable, copies of all written reports that are to be presented to the advisory board for members’ review will be included in this package at least seven (7) days before the meeting. 6. All recommendations and reports of the advisory board, approved in the form of motions, shall be conveyed exclusively to the Board of Commissioners for consideration, approval or denial. Outcomes are reported back to the advisory board. H. Minutes 1. Minutes shall be taken of all advisory board meetings and posted on the County website. Section 6. Subcommittees A. Purpose and Formation 1. Subcommittees may be formed by a majority vote of the advisory board to research and make special recommendations on special issues or areas in order to carry out the duties of the advisory board. 2. Members of the subcommittees shall be from the advisory board and appointed by the advisory board. 3. Subcommittee members will elect a chair by majority vote. 4. Subcommittees shall operate as directed by the advisory board. 84 11 5. Subcommittees must have documented goals, deliverables, and a timeline. The subcommittee will cease to meet when these are satisfied. 6. Subcommittees shall be reviewed by the advisory board on an annual basis to determine continued need and realignment with the priorities of the advisory board. B. Procedure and Membership 1. A member of the subcommittee shall take responsibility for taking minutes of subcommittee meetings and shall report to the advisory board the subcommittee’s progress toward its stated objectives, including dissenting viewpoints. 2. Subcommittees shall operate by majority vote. 3. Subcommittees may request that a technical representative be approved by the County Manager. 4. Subcommittees shall operate openly as defined by applicable North Carolina State law and local ordinances and policies. 5. Membership on subcommittees shall be voluntary unless the advisory board policies and procedures document dictates otherwise. Section 7. Quorum and Voting A. Quorum 1. A quorum for a meeting of an advisory board and any subcommittee thereof shall consist of a majority of the number of currently appointed voting members. Vacant positions are not counted when determining if a quorum is present. 2. Members who remotely attend a meeting may be counted present for purposes of a quorum. 3. If a quorum is not present, the advisory board may not take official action but may hold informal discussion. The lack of quorum should be noted in the meeting minutes. B. Voting 1. No issues can be voted upon unless a quorum is present. 2. Unless otherwise required by law, all decisions shall be reached by a simple majority vote. 3. In the event of a tie vote, the motion shall fail. 4. All voting will be conducted in open meetings, except when in closed session where such closed session is permitted by North Carolina law. 5. Voting by email or other asynchronous method is prohibited. 6. Only appointed members can vote at advisory board meetings. 7. The chair may participate and vote on all issues. 8. Proxy voting is not permitted. 9. Members may not abstain from voting, but where a member has a conflict of interest, the member may be excused by a majority vote of the advisory board. 10. Members of advisory boards must be present to vote. Presence may be accomplished through remote attendance or physical attendance. C. Abstentions and Excusals 85 12 In situations involving a potential or actual conflict of interest, the following procedure shall apply: 1. Disclosure of Conflict – A member shall disclose the nature of the conflict of interest to the advisory board prior to discussion of the agenda item. The disclosure must be verbal during the meeting and must occur before any deliberation or vote on the item. 2. Request to be Excused – After disclosure, the member may formally request to be excused from participating in the discussion and vote on the matter. 3. Vote on Excusal – The advisory board shall vote to approve or deny the request to be excused. Approval requires a majority vote of the members present, excluding the excused member. 4. Effect of Approved Excusal – If the request to be excused is approved by the advisory board: a. The member excused shall not participate in any discussion or vote related to the item. b. The following shall be recorded in the official meeting minutes: i. The nature of the disclosed conflict; ii. The member’s request for to be excused; iii. The outcome of the advisory board’s vote; iv. Notation of the member’s excusal from the vote. Section 8: Reporting and Accountability A. Communication with the Board of Commissioners 1. Formal Reporting Relationship – Advisory boards operate under the authority of the Board of Commissioners and shall maintain a clear and consistent reporting relationship with the Board of Commissioners. Advisory boards shall direct all official recommendations, reports, and correspondence to the Board of Commissioners through the assigned staff liaison. 2. Board Requests and Referrals – The Board of Commissioners may request that advisory boards review specific issues or provide input on policy matters. Advisory boards are expected to prioritize and respond to such requests in a timely and organized manner. Advisory boards may also propose items for Board of Commissioners consideration through formal written communication submitted by the chair, with staff liaison support as needed. B. Annual Reports 1. Purpose and Content – By March 31st, each advisory board must prepare an annual report summarizing its activities, recommendations, and areas of focus for the past calendar year. 2. Submission and Presentation – Annual reports must be submitted to the County Manager’s Office by March 31st and may be presented in person to the Board of Commissioners. C. Review of Advisory Board Effectiveness 1. Performance Review – The Board of Commissioners reserves the right to review the performance and continued relevance of any advisory board. Advisory boards may be evaluated based on criteria such as attendance, output, responsiveness to Board of Commissioners’ directives, public engagement, and alignment with County goals. 2. Advisory Board Self-Evaluation – Advisory boards may be asked to conduct periodic self- assessments to reflect on their operations, identify areas for improvement, and ensure they 86 13 are effectively fulfilling their charge. Staff liaisons may assist with developing evaluation tools or templates. 3. Recommendations for Improvement or Dissolution – If an advisory board is found to be inactive, duplicative, or no longer aligned with County priorities, the Board of Commissioners may act to restructure, suspend, or dissolve the advisory board in accordance with this policy. Section 9. Ethics and Conduct This section also applies to the Board of Adjustment and Board of Equalization and Review. A. General Expectations 1. Commitment to Ethical Service – Members of advisory boards are expected to uphold the highest standards of ethical conduct, integrity, and accountability in all matters related to their service. Advisory service is a public trust, and members shall perform their duties in a manner that promotes public confidence in Person County government. 2. Respectful and Inclusive Environment – Advisory board members shall treat fellow members, County staff, and members of the public with courtesy, professionalism, and respect at all times. Harassment, discrimination, or abusive behavior will not be tolerated. Person County is committed to maintaining an inclusive, equitable, and harassment-free environment in all public meetings and civic processes. 3. Use of Position for Public Good – Members shall not use their position for personal gain. No advisory board member shall use their role to secure special privileges, services, contracts, or benefits for themselves, their immediate family members, business associates, or affiliated organizations. 4. Representation of the Advisory Board or County – Individual members may not represent the advisory board or the County in any public forum, media engagement, or formal communication unless expressly authorized to do so by the Board of Commissioners. Members must clearly distinguish personal opinions from official positions of the advisory board. 5. Conflicts of Commitment – Members shall ensure that other personal, professional, or volunteer obligations do not interfere with their ability to effectively participate in advisory board activities. If a member’s availability or capacity to serve meaningfully becomes compromised, they should notify the chair and staff liaison to determine whether continued service is appropriate. B. Conflict of Interest 1. Avoidance of Conflicts – Members shall avoid actual, potential, or perceived conflicts of interest. A conflict arises when a member’s personal or financial interests, or the interests of a close family member or business associate, could influence or appear to influence the member’s judgment or actions in advisory board matters. 2. Guidance on Conflict Determination – When a potential conflict is unclear, the member should consult with the staff liaison and may request guidance from the County Attorney. Members are encouraged to err on the side of disclosure and excusal to maintain transparency and trust. 87 14 C. Confidentiality 1. No member of an advisory board shall make any written or oral statement of any confidential county matter to any individual, business, or agency. A violation of this section will result in that member’s immediate removal from the advisory board. This prohibition does not apply to communications with county staff, officials, or their agents conducting official county investigations. 2. Members of the advisory board may receive information regarding personnel matters and other information of a sensitive or confidential nature. It shall be the duty and responsibility of each member to respect and maintain the confidentiality of county issues presented before the board. Neither the advisory board nor any individual member shall disseminate confidential information received during advisory board meetings. 3. Advisory board members may be required to sign confidentiality statements as necessary and will be removed from the advisory board upon violation of the confidentiality agreement. D. Gifts 1. No advisory board member or member of their immediate household shall directly or indirectly solicit, accept or receive any gift having a value exceeding $50 whether in the form of money, services, loan, travel, entertainment, hospitality, thing or promise, or any other form, under circumstances in which it could reasonably be inferred that the gift was intended to influence them or could reasonably be expected to influence them in the performance of their official duties, or was intended as a reward for an official action on their part. Legitimate political contributions shall not be considered as gifts under the provisions of this paragraph. This section is not intended to prohibit customary gifts or favors between advisory board members or the friends and relatives of their spouses, minor children, or members of their household where it is clear that it is that relationship rather than the business of the individual concerned which is the motivating factor for the gift or favor. This section does not prohibit meals consumed at a function which involves the responsibilities of the advisory board member. North Carolina General Statute § 133-32 provides additional guidance concerning gifts and favors. 2. An advisory board member shall not directly or indirectly ask, accept, demand, exact, solicit, seek, assign, receive, or agree to receive any gift or honorarium for the advisory board member, or for another person, in return for being influenced in the discharge of the advisory board member’s official responsibilities. 3. This section shall not apply to gifts or awards authorized by Person County Policies, Resolutions, or Ordinances. E. Compliance and Training 1. Mandatory Ethics Training – All advisory board members shall complete any ethics or conduct training required by Person County within ninety (90) days of appointment. The County may also require periodic refresher training on topics such as open meetings law, public records, conflict of interest, and inclusive community engagement. 2. Policy Acknowledgment – Upon appointment, members shall be provided with a copy of this policy and any other applicable materials. Members shall sign an acknowledgment indicating that they have received, read, and agree to comply with the policy’s provisions. 88 15 F. Members of the Planning Board, Board of Adjustment, Economic Development Commission, and Board of Equalization and Review shall, upon initial appointment, and prior to December 31 annually thereafter, disclose: 1. Any interest they or their spouse has in real property situated in whole or in part in Person County and the general description of that property. 2. Any legal, equitable, beneficial or contractual interest they or their spouse has in any business, firm or corporation, which is currently doing business with Person County pursuant to contracts awarded by Person County, or which is attempting, or has attempted in the past calendar year, to secure the award of a bid from Person County or the approval of any board or agency of Person County. 3. Failure to file a disclosure statement setting out the above required information shall result in immediate removal of the member from the applicable board. G. Standards Enforcement 1. Violations of this policy may result in removal from the advisory board. 2. The chair or staff liaison shall document and report concerns regarding ethics, conduct, or performance to the County Manager’s Office. Section 10. Compensation A. Compensation 1. As a general rule, advisory board service is voluntary, and appointed members shall receive no form of compensation for their services. 2. However, should the Board of Commissioners determine, in its sole discretion, that an advisory board’s members should be compensated, such compensation shall be addressed in that advisory board’s policies and procedures as adopted by the Board of Commissioners. Section 11: Administration and Policy Updates A. Record Keeping 1. Official Records – Advisory board shall maintain accurate and complete records of all meetings, including agendas, minutes, attendance, reports, recommendations, and other relevant documentation. The staff liaison shall be responsible for ensuring that such records are prepared, retained, and submitted to the appropriate County departments in accordance with Person County’s public records retention schedule. 2. Public Access – All records of advisory board meetings and proceedings, unless legally exempt, shall be made available to the public upon request and posted on the County website. Minutes shall be approved by the advisory board and archived by the staff liaison. 3. Roster Maintenance – The County Manager's Office shall maintain an up-to-date roster of each advisory board, including member names, appointment dates, term expiration dates, geographic representation (if applicable), and contact information. Advisory board rosters shall be reviewed and updated at least annually and made available to the public via the County website or other media. B. Oversight and Policy Management 89 16 1. Policy Oversight – The County Manager’s Office shall be responsible for the administration and oversight of this Advisory Board Policy. This includes ensuring compliance with application process, training requirements, and recordkeeping practices across all advisory boards. 2. Staff Liaison Coordination – County staff assigned as liaisons to advisory boards shall serve as the primary point of contact for policy questions and operational guidance. Liaisons are responsible for supporting compliance with open meetings and public records laws, coordinating onboarding and training, and assisting with the preparation of reports, agendas, and meeting logistics. 3. Onboarding Materials – Newly appointed advisory board members shall receive an onboarding packet from the staff liaison. This packet shall include a copy of this policy, the advisory board’s policies and procedures, the current meeting schedule, a roster of members, relevant statutes or ordinances, and contact information for the chair and County staff support. Members are required to review these materials and sign an acknowledgment form confirming receipt and understanding as a condition of active service on the advisory board. C. Policy Review and Updates 1. Review Cycle – This Advisory Board Policy should be subject to a periodic review no less than once every four (4) years to ensure continued relevance, legal compliance, and alignment with County goals and public engagement practices. 2. Inactive Advisory Board Review – The County Manager's Office shall monitor the activity of all advisory boards. Advisory boards that have not convened a meeting for twelve (12) consecutive months or more may be referred to the Board of Commissioners for evaluation. The Board of Commissioners may determine whether such advisory boards should be restructured, reactivated, merged, or dissolved in accordance with this policy. 3. Amendments – The Board of Commissioners reserves the right to amend this policy at any time. All amendments shall be adopted by majority vote of the Board of Commissioners during a public meeting and shall take effect upon approval unless otherwise specified. 4. Notification of Changes – In the event of a policy update or amendment, all advisory board members and staff liaisons shall be notified in writing and provided with a revised version of this policy. Members may be asked to re-acknowledge receipt and understanding of the policy following significant changes. Section 12. Limitation of Power and Authority A. Nothing contained in this Advisory Board Policy shall be construed to conflict with any North Carolina law or Person County ordinance. Should there be an appearance of conflict, the appropriate North Carolina law or Person County ordinance shall prevail. B. The activities of the advisory board shall, at all times, be conducted in accord with applicable Federal law, North Carolina law, and Person County ordinances. C. Advisory Boards, the Board of Adjustment, the Board of Equalization and Review, and any members thereof shall not (and shall not have the express or implied authority to): 90 17 1. Incur expenses or obligate Person County in any manner. a. Any expense incurred must have been pre-approved either through the department head overseeing the advisory board’s budget, the Board of Commissioners, or the County Manager. b. It is specifically acknowledged that no member of an advisory board has the authority, express or implied, to, contractually or otherwise, bind Person County. 2. Identify or release any draft document that has not been approved for release by the Board of Commissioners or County Manager. 3. Take positions, in their capacity as an advisory board member, on any political issue or support or oppose any candidate for public office. 4. Independently investigate resident complaints against Person County, any department, or any employee of a department. 5. Conduct any activity that might constitute or be construed as an official governmental review of departmental or employee actions. 6. Conduct any activity that might constitute or be construed as the establishment of Person County or departmental policy. 7. Violate the confidentiality of any information related to matters involving pending or forthcoming civil or criminal litigation. 8. Engage in any act to impose or attempt to impose discipline on any advisory board member, department, or employee. 9. Interfere, attempt to interfere, or involve themselves in any way in staff personnel matters, regardless of the nature of the matter. 91 18 Policy Acknowledgement I acknowledge that I have received and read the Person County Advisory Board Policy. I understand the expectations outlined in the policy and agree to abide by them during my service on the advisory board. Name (Print): Signature: Date: 92 RESOLUTION TO ADOPT THE PERSON COUNTY ADVISORY BOARD POLICY WHEREAS, the Person County Board of Commissioners recognizes the value of advisory boards and committees in supporting transparent, informed, and community‑driven decision‑making; and WHEREAS, advisory boards serve as an important conduit for resident input, subject‑matter expertise, and civic engagement in matters affecting Person County; and WHEREAS, the Board of Commissioners finds it necessary to establish a consistent, clear, and comprehensive policy governing the creation, structure, operation, and dissolution of advisory boards to ensure accountability, efficiency, and alignment with County priorities; and WHEREAS, County staff have prepared a new Person County Advisory Board Policy that outlines standard practices regarding membership requirements, appointment and reappointment procedures, attendance expectations, reporting obligations, and operational guidelines for all County advisory boards; and WHEREAS, the Board of Commissioners has reviewed the proposed Advisory Board Policy and finds that its provisions will enhance the effectiveness of advisory boards and improve coordination between the Board of Commissioners, County departments, and participating volunteers. NOW, THEREFORE, BE IT RESOLVED that the Person County Board of Commissioners hereby adopts the Person County Advisory Board Policy as presented, to be effective January 1, 2027; and BE IT FURTHER RESOLVED that all existing advisory boards shall propose Policies and Procedures that align with the adopted policy within the timeframe directed by County administration; and BE IT FURTHER RESOLVED that any and all resolutions, policies, or portions thereof previously adopted by the Person County Board of Commissioners that conflict with the newly adopted Advisory Board Policy are hereby repealed and rendered null and void, effective January 1, 2027; and BE IT FINALLY RESOLVED that County staff are directed to implement, maintain, and periodically review the Advisory Board Policy and recommend updates to the Board of Commissioners as needed to support best practices and community engagement. Adopted this, the 21st day of September 2026. Kyle Puryear, Chairman Person County Board of Commissioners Attest: Michele Solomon, NCCCC Clerk to the Board 93 AGENDA ABSTRACT Meeting Date: Agenda Title: Summary of Information: Treasury established the Coronavirus State and Local Fiscal Recovery Funds (SLFRF). Through SLFRF, every county—Person County included—received a direct allocation based on population. The Board of Commissioners dedicated ARPA funds for the following projects: ARPA Funding $7,670,470 All ARPA funds needed to be obligated (officially committed to projects, including revenue replacement) by December 31, 2024 and fully expended by December 31, 2026. Person County filed annual Project & Expenditure (P&E) Reports every April, ensuring accurate accounting for all funds. Financial Impact: 94 Recommended Action: Receive presentation and provide direction to staff regarding restricted funds. Submitted By: Katherine M. Cathey, County Manager 95