06-03-2024 Agenda Packet BOCPERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
MEETING AGENDA
304 South Morgan Street, Room 215
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
June 3, 2024
6:00 p.m.
This meeting will convene in Room 215 of the County Office Building.
CALL TO ORDER………………………………………………….. Chairman Powell
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
PUBLIC HEARING:
ITEM #1 (pgs.3-4)
Consideration of Approval of Private Roadway Simpson Farm
Drive to be Added to the Database for E-911 Dispatching………. Sallie Vaughn
CONSIDERATION TO GRANT OR DENY REQUEST
ITEM #2
Consideration to Grant or Deny Approval of Private Roadway
Simpson Farm Drive to be Added to the Database for E-911
Dispatching………………………………………………………… Chairman Powell
ITEM #3 (pgs.5-6)
FY25 Budget Public Hearing……………………………………… Chairman Powell
INFORMAL COMMENTS
The Person County Board of Commissioners established a 10-minute segment
which is open for informal comments and/or questions from citizens of this
county on issues, other than those issues for which a public hearing has been
scheduled. The time will be divided equally among those wishing to comment.
It is requested that any person who wishes to address the Board, register with
the Clerk to the Board prior to the meeting.
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ITEM #4
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A.Approval of Minutes of May 6, 2024 (pgs.7-43),
B.Approval of Minutes May 20, 2024 (pgs.44-80).
C.Budget Amendment #24 (pg.81)
D.Person County JCPC Funding Recommendations for FY25 (pgs.82-83),
E.Resolution Authorizing the Person County Sheriff to Enter into Training
Agreements (pgs.84-88), and
F.Resolution to Ratify the Purchase and Sale Agreement for the Human Services
Building (pgs.89-91)
NEW BUSINESS:
ITEM #5 (pgs.92-104)
2025 Reappraisal Update………………………………………...... Russell Jones
ITEM #6 (pgs.105-106)
Hyco Lake Aquatic Vegetation Grant Technical Correction
Request……………………………………………………………… Brian Hart
ITEM #7 (pgs.107-145)
Memorandum of Understanding between NCDHHS and Person
County for FY25-FY26…………………………………………….. Brian Hart,
Carlton Paylor
ITEM #8 (pgs.146-148)
Letter of Support for Duke Energy’s Application to Construct
a Combined-Cycle Plant at the Roxboro Site……………………. Katherine Cathey
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
CLOSED SESSION #1
A motion to enter into Closed Session #1 per General Statute 143-318.11(a)(3) for the
purpose to consult with the county attorney in order to preserve the attorney-client
privilege with the following individuals permitted to attend: County Manager
Katherine Cathey, Clerk to the Board Michele Solomon, County Attorney T.C.
Morphis, Jr., Planning and Zoning Director Chris Bowley, and Economic
Development Director Brandy Lynch.
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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AGENDA ABSTRACT
Meeting Date: June 3, 2024
Agenda Title: Addition of Simpson Farm Dr, a private roadway
Summary Information: The owners of six parcels of land along an access easement are adding
additional dwellings. The road will serve at least three homes which invokes the “Ordinance
Regulating Addresses and Road Naming in Person County” and requires that the road be named.
Background Information: Three or more
possible homes will be built along this
roadway in the near future starting this
year. In accordance with Article IV, Section
402 H of the “Ordinance Regulating
Addresses and Road Naming in Person
County,” any driveway serving 3 or more
addressable structures must be named.
Naming this road now will prevent future
residents from having to change their
addresses as more homes are built.
North Carolina General Statute 153A-
239.1(A) requires a public hearing be held
on the matter and public notice be provided
at least 10 days prior in the newspaper. The
required public notice was published in the
May 23rd edition of the Roxboro Courier-
Times. A sign advertising the public hearing
was placed at the proposed roadway
location on the same date.
Simpson Farm Dr was chosen by the property owners that responded within the prescribed
timeframe. This road name is compliant with all naming regulations in the Ordinance.
Recommended Action: Approve the recommended roadway name.
Submitted By: Sallie Vaughn, GIS Director
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Public Notice
The Person County Board of County Commissioners
will hold a public hearing at 6pm on June 3, 2024 in
room 215 of the Person County Office Building at 304
S Morgan St, Roxboro, North Carolina to hear the
following:
Request by the Person County Address Coordinator
to add Simpson Farm Dr to the database of roadway
names used for E-911 dispatching. The proposed
private roadway will be located off Oxford Rd in
Mount Tirzah Township. Article IV, Section 402 H of
the Ordinance Regulating Address and Road Naming
in Person County requires any private roadway
serving three or more homes to be officially named.
Citizens will have an opportunity to speak regarding
the above request.
Specific information about the request can be
obtained from the Person County GIS Department,
325 S Morgan St, Suite D.
Sallie Vaughn
GIS Director
5/23/20244
AGENDA ABSTRACT
Meeting Date: June 3, 2024
Agenda Title: FY25 Budget Public Hearing
Summary of Information: In accordance with N. C. General Statute 159-12(b), the Person County
Board of Commissioners will conduct a Budget Public Hearing on Monday, June 3, 2024, at 6 p.m.
The Budget Public Hearing will be held in Room 215 of the Person County Office Building. Citizens
will have an opportunity to address the Board of Commissioners concerning the recommended
budget.
The recommended budget may be viewed online at www.personcountync.gov. Hard copies are
located in the Clerk’s Office and the Library.
Recommended Action: Conduct the public hearing.
Submitted By: Gordon Powell, Chairman
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NOTICE OF BUDGET PUBLIC HEARING
PERSON COUNTY BOARD OF COMMISSIONERS
Official notice is hereby given that the Fiscal Year 2024-2025 Budget for Person County
has been presented to the Board of Commissioners by the County Manager, and is
available for public inspection in the Office of the Clerk to the Board of Commissioners in
Room 212 of the Person County Office Building, from 8:30 a.m. until 5:00 p.m. Monday
through Friday, at the Public Library during operating hours, and on Person County’s
website, www.personcountync.gov.
In accordance with N. C. General Statute 159-12(b), the Person County Board of
Commissioners will conduct a Budget Public Hearing on Monday, June 3, 2024, at 6:00
p.m. The Budget Public Hearing will be held in Room 215 of the Person County Office
Building, 304 S. Morgan Street, Roxboro, NC. Citizens will have an opportunity to address
the Board of Commissioners concerning the recommended budget.
Michele Solomon
Clerk to the Board
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May 6, 2024
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PERSON COUNTY BOARD OF COMMISSIONERS May 6, 2024
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Katherine M. Cathey, County Manager
C. Derrick Sims Michele Solomon, Clerk to the Board
Kyle W. Puryear G. Nicholas Herman., County Attorney
Charlie Palmer
Jason Thomas
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, May 6, 2024 at 6:00 p.m. in the County Office Building
Auditorium located at 304 S. Morgan Street, Roxboro, NC.
Chairman Powell called the meeting to order. Commissioner Powell offered an
invocation, and Commissioner Palmer led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Puryear and carried 5-0 to approve the
agenda.
RESOLUTION OF APPRECIATION FOR COUNTY RETIREE
Chairman Powell read a Resolution of Appreciation for County Retiree Lt. Dennis
Allen, recognizing his thirty years of service to Person County and presented the
Resolution to Sheriff Wilborn in Lt. Allen’s absence.
A motion was made by Commissioner Puryear and carried 5-0 to approve a
Resolution of Appreciation for County Retiree, Lt. Dennis Allen.
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PROCLAMATION RECOGNIZING MAY AS GUARDIAN AD LITEM CHILD
ADVOCATE MONTH
Chairman Powell read a Proclamation Recognizing May as Guardian ad Litem
Child Advocate Month in Person County and presented the Proclamation to North
Carolina Judicial District 11 Guardian ad Litem District Administrator, Mary Jo Van
Horne.
A motion was made by Commissioner Palmer and carried 5-0 to approve a
Proclamation Recognizing May as Guardian ad Litem Child Advocate Month.
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PROCLAMATION RECOGNIZING CLERKS TO THE BOARDS OF COUNTY
COMMISSIONERS’ WEEK
County Manager Katherine Cathey read a Proclamation Recognizing Clerks to the
Boards of County Commissioners’ Week and Chairman Powell presented the
Proclamation to the Clerk to the Board, Michele Solomon.
A motion was made by Commissioner Puryear and carried 5-0 to approve a
Proclamation Recognizing Clerks to the Boards of County Commissioners’ Week.
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PUBLIC HEARING:
CONSIDERATION OF APPROVAL OF PRIVATE ROADWAY SIDNEY ROSE
DRIVE TO BE ADDED TO THE DATATBASE FOR E-911 DISPATCHING
A motion was made by Vice Chairman Sims and carried 5-0 to open the duly
advertised public hearing for Consideration of Approval of Private Roadway Sidney Rose
Drive to be added to the Database for E-911 Dispatching.
GIS Director Sallie Vaughn presented. She stated that she comes before the Board
this evening to request that Sidney Rose Drive, a private roadway, be added to the
database for E-911 dispatching. She stated that a private citizen is adding a third home
along a private driveway which constitutes the naming of that driveway. She stated that
there is a single property owner in this location; therefore, the property owner was able to
choose the road name.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the Consideration of Approval of Private Roadway Sidney Rose Drive to be
added to the Database for E-911 Dispatching.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for Consideration of Approval of Private Roadway Sidney Rose Drive to be added
to the Database for E-911 Dispatching.
CONSIDERATION TO GRANT OR DENY CONSIDERATION OF APPROVAL OF
PRIVATE ROADWAY SIDNEY ROSE DRIVE TO BE ADDED TO THE
DATABASE FOR E-911 DISPATCHING
A motion was made by Commissioner Puryear and carried 5-0 to approve Private
Roadway Sidney Rose Drive to be added to the Database for E-911 Dispatching.
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QUASI-JUDICIAL HEARING:
SUP-03-24- A REQUEST BY THE APPLICANT AND PROPERTY OWNER, JAY
POINDEXTER, POINDEXTER PROPERTY MANAGEMENT, LLC, FOR
SPECIAL USE PERMIT APPROVAL ON AN ±14.39-ACRE LOT (TAX MAP NO.
A3 161), LOCATED AT 9958 SEMORA RD., TO ALLOW THE POINDEXTER
EVENT CENTER IN AN R (RESIDENTIAL) ZONING DISTRICT; PER SECTION
155 OF THE PLANNING ORDINANCE
A motion was made by Commissioner Palmer and carried 5-0 to open the duly
advertised quasi-judicial hearing for SUP-03-24 – A request by the Applicant and
Property Owner, Jay Poindexter, Poindexter Property Management, LLC, for Special Use
Permit approval on an ±14.39-acre lot (Tax Map No. A3 161), located at 9958 Semora
Rd., to allow the Poindexter Event Center in an R (Residential) zoning district; per Section
155 of the Planning Ordinance.
Clerk to the Board, Michele Solomon administered the Oath of Sworn Testimony to
the following individuals who offered testimony during the quasi-judicial hearing:
Chris Bowley, Jay Poindexter, Adam Bridgforth, John Seepe, Kristina Lyteson, and
Matt Lyteson
Planning & Zoning Director Chris Bowley shared the following presentation for
SUP-03-24 – A request by the Applicant and Property Owner, Jay Poindexter, Poindexter
Property Management, LLC, for Special Use Permit approval on an ±14.39-acre lot (Tax
Map No. A3 161), located at 9958 Semora Rd., to allow the Poindexter Event Center in an
R (Residential) zoning district; per Section 155 of the Planning Ordinance.
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Mr. Bowley presented Exhibit A: Aerial Photo showing that the white building is the barn
to be used for the event center, the green line is a septic easement which also serves the
homes to the east, Hyco Lake is to the south, the real estate office is to the southeast, the
black line that ends at a cul de sac is Phifer Lane, the private gravel road serves the house
to the north and bisects the property vacant to the west and north, with homes to the south.
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Mr. Bowley presented Exhibit B: Future Land Use Map showing Hyco Lake future land
use.
Mr. Bowley presented Exhibit C: Zoning Map showing that the property is in a
Residential Zoning District; therefore, requiring a Special Use Permit Application.
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Mr. Bowley presented Exhibit D: Site Plan which is required of Special Use
Permit Applications. He pointed out the topography, and advised that the building
sits at the highest point, and that the narrow lines show that it slopes down. He
indicated that the septic system serves the building and the homes to the east. He
stated that there is a proposed grass parking lot to the east of the private road,
which is cutting across the property. He stated that the parking lot that is shown on
the plan is 100 spaces, 52 of which would be eastward oriented.
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There were no questions from the Board for Mr. Bowley.
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The following individuals appeared before the Board to speak in favor of during
the quasi-judicial hearing for SUP-03-24 – A request by the Applicant and Property
Owner, Jay Poindexter, Poindexter Property Management, LLC, for Special Use Permit
approval on an ±14.39-acre lot (Tax Map No. A3 161), located at 9958 Semora Rd., to
allow the Poindexter Event Center in an R (Residential) zoning district; per Section 155 of
the Planning Ordinance.
Jay Poindexter, the applicant testified that he met with some of the neighbors two
Saturdays ago and that they talked about similar things mentioned tonight, such as putting
up a buffer in between the houses. He stated that he is looking at holly bushes, that would
grow to be approximately three feet tall, which would act as a buffer line. He stated that in
this meeting with the neighbors, it was suggested that they look into moving the parking
lot to the west side, which would be away from the homes. He stated that that is something
he would look in to, as he needed verification of the septic lines, as septic easement goes
to one house that is located behind the venue, and six more lots behind the white house.
He stated that the septic lines are buried deep enough where you can drive across it, and
believes that they are six to ten foot deep. He stated that the parking lot is currently
proposed to the east as shown on the site plan; however, he is not opposed to moving the
location to the west, where there is vacant land, after speaking with the neighbors and
hearing concerns. He stated that if the neighbors are not happy, he never will be.
Commissioner Palmer asked Mr. Poindexter if this property was located below the
Burley Plantation. Mr. Poindexter advised that it is located in front of it. Commissioner
Palmer asked how many homes are located next to this property, to which Mr. Poindexter
responded six.
The following individuals appeared before the Board to speak in opposition of
during the quasi-judicial hearing for SUP-03-24 – A request by the Applicant and Property
Owner, Jay Poindexter, Poindexter Property Management, LLC, for Special Use Permit
approval on an ±14.39-acre lot (Tax Map No. A3 161), located at 9958 Semora Rd., to
allow the Poindexter Event Center in an R (Residential) zoning district; per Section 155 of
the Planning Ordinance.
John Seepe of 277 Barefoot Landing Lane Semora testified that he was properly
sworn in. Mr. Seepe stated that Poindexter Properties LLC is an example of getting a
desired outcome from a crooked or unconventional process. He stated that Poindexter
Properties has been operating an event center at this property as its primary purpose and
not as a secondary purpose. He stated that the previous owners did not use this as an event
center, as it was falsely stated in Mr. Poindexter’s application. Mr. Seepe stated that the
previous owner used it as a fancy barn and an apartment, which was just completed prior
to sale. Mr. Seepe stated that from the time Poindexter Properties purchased the property,
they have been solely focused on using it as an event center.
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Mr. Seepe stated that Poindexter Properties planted sunflowers to try to mask their
commercial use of this property, to make it appear that they were using it for agricultural
purposes, as the previous owner had a tax deferment. Mr. Seepe stated that he is not a
realtor, he is not married to a realtor, his daughter is not a realtor, and he is not on the
EDC or PCBIC Board. Mr. Seepe stated that he makes sure that everything he does is
keeping with the rules of this community, the one that he loves and respects.
There were no questions by the Board for Mr. Seepe.
Commissioner Palmer asked Chairman Powell how much time allotment is given
to each individual. Chairman Powell advised Commissioner Palmer that the time limit
does not apply.
Adam Bridgforth of 238 Phifer Lane, Semora testified that he is a property owner
on Phifer Lane. Mr. Bridgforth stated that he is a General Contractor out of Raleigh, and a
former Marine. Mr. Bridgforth stated that he is not trying to shut down the event center, as
he is excited to see growth. Mr. Bridgforth stated that he met with Mr. Poindexter a few
weeks ago, and that Mr. Poindexter was very kind to talk through some of the concerns
that neighbors had. Mr. Bridgforth stated that after leaving the meeting and speaking with
other homeowners on the road, there are things that they continue to struggle with. Mr.
Bridgforth stated that Phifer Lane is a private road, and the repairs and maintenance are
paid for by the six homeowners that live on Phifer Lane. Mr. Bridgforth asked who would
be paying for those maintenance costs and increased wear and tear when a commercial
entity uses that road for access. Mr. Bridgforth stated that at least four of the six
homeowners have young children under the age of fifteen. Mr. Bridgforth stated that if his
kids are out playing on the street before, during, or after one of these events that alcohol is
served at, there are no current barriers to protect them. Mr. Bridgforth stated that it was
mentioned earlier about a two-to-three-foot hedge row as a barrier, and the homeowners
are requesting something a bit more substantial. Mr. Bridgforth stated that alcohol is being
served, which could be a safety issue, especially if it meshes with the homeowner’s
private property. Mr. Bridgforth stated that the private road is a single lane road, and
voiced concerns over how emergency vehicles could access the road and homeowners in
event of an emergency. Mr. Bridgforth stated that he would also like to see a separate
connector to the main road. Mr. Bridgforth stated that he would like to see additional
restrictive conditions, such as a berm three-foot-high, and a continuous hedge row of
eight- to- ten foot to be able to prevent headlights from shining down as kids are trying to
sleep. Mr. Bridgforth stated the approved septic permit for this property allows for three
days of venue use, up to four hours. Mr. Bridgforth stated that he would like to see that
defined in the conditions, as well as overnight stays. Mr. Bridgforth stated that he would
like to see no camping, RVs, and overnight rental of the premises allowed; therefore,
ensuring the septic is not overloaded. Mr. Bridgforth stated that the noise is also a
concern, and requests that a self-imposed noise ordinance of 10:00 p.m. be made as a
condition opposed to the County’s 11:00 p.m.
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There were no questions by the Board for Mr. Bridgforth.
Kristina Lyteson of 226 Phifer Lane, Semora testified that she purchased one of
the properties before the farm changed hands and became an event center. Ms. Lyteson
stated that the event center poses a significant safety risk to her residential community if
proper safeguards are not mandated. Ms. Lyteson stated that she was not able to meet with
Mr. Poindexter due to a girl scout leader training she attended. Ms. Lyteson stated that she
has observed several cars at numerous events driving across the unmarked grass to leave
the event via the private road. Ms. Lyteson stated that the private road was designated for
limited residential use only, yet this venue plans to drastically increase traffic from large
events, such as weddings and concerts. Ms. Lyteson stated that this raises the potential for
serious vehicle versus pedestrian accidents involving our children playing outdoors. Ms.
Lyteson stated that many guests would also be impaired from alcohol consumption,
heightening dangers that a two-to-three-foot hedge would not mitigate. Ms. Lyteson stated
that the increased traffic volumes from even a single event could exceed the road’s safe
capacity onto or off of Semora Road. Ms. Lyteson stated concerns of obstructing
emergency vehicles access to their homes and life-threatening situations. Ms. Lyteson
stated she has observed entrance and exit congestions from events since the venue began
operating at a decreased frequency than what they are looking to increase to. Ms. Lyteson
stated that for these reasons she and other neighbors of the Landing request that additional
conditions be added to the approval of the Special Use Permit. Ms. Lyteson stated most
crucially a permanent substantial physical buffer, like a densely planted earth berm with
mature hedges to separate the road from the venue. Ms. Lyteson stated that she observed
lots of people parking here or there, and this issue would need to be fixed for the entire
length of Phifer Lane, so they can protect their children. Ms. Lyteson stated that this
physical barrier would block vehicle access to the private road, reduce noise, and would
help with the light trespass. Ms. Lyteson stated that she would like to see a required
secondary dedicated entrance/exit to alleviate congestion and obstruction of emergency
vehicles. Ms. Lyteson stated she would also like to see a strict noise operating hour, since
this is in a residential community. Ms. Lyteson stated that she is asking that events end by
9:00 p.m. so that people are moseying their way down to the car, they don’t have to rush,
and be out by 10:00 p.m. Ms. Lyteson stated she wanted to work cooperatively, but as
parents, resident health and safety are her top priority. Ms. Lyteson stated that these
protection measures are essential to reduce the risk related to having an event center in a
residential community.
There were no questions by the Board for Ms. Lyteson.
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Matt Lyteson of 226 Phifer Lane, Semora testified that he likes to see growth in
the community as Mr. Bridgforth stated, but that growth needs to be balanced with the
appropriate safety measures to ensure the protection of his neighbors, community, and
children. Mr. Lyteson provided the Board with additional information to include
photographs of an event that occurred at the venue this past weekend. Mr. Lyteson stated
that he observed several cars going on the private road looking for parking. Mr. Lyteson
stated that the venue is located at a higher slope than the properties on Phifer Lane, and is
unsure if the two- foot hedge in the original proposal is going to cut it. Mr. Lyteson stated
that upon research and a quick call to Alcohol Beverage Control Commission, he found
out that only one permit has been issued for alcohol since the venue began operation. Mr.
Lyteson stated that he would like to see a four-foot berm with eight-foot hedges to protect
the road, children, and neighbors. Mr. Lyteson stated he would also like to see the parking
lot relocated.
There were no questions by the Board for Mr. Lyteson.
A motion was made by Commissioner Palmer and carried 5-0 to close the quasi-
judicial hearing for SUP-03-24 – A request by the Applicant and Property Owner, Jay
Poindexter, Poindexter Property Management, LLC, for Special Use Permit approval on
an ±14.39-acre lot (Tax Map No. A3 161), located at 9958 Semora Rd., to allow the
Poindexter Event Center in an R (Residential) zoning district; per Section 155 of the
Planning Ordinance.
Vice Chairman Sims had questions for the applicant, Jay Poindexter. Vice
Chairman Sims stated that there have been several concerns expressed about the safety
and protection of the neighbors’ children. Vice Chairman Sims asked Mr. Poindexter if
this is the first time hearing of these concerns. Mr. Poindexter stated that he met with
neighbors a few Saturdays ago and addressed their concerns. Mr. Poindexter stated that he
is looking at the expense of what he can do, and he is already limited on this, but at the
same time, if that is what it takes, then, that is what it takes. Mr. Poindexter stated that the
neighbors keep saying something about the drive, and he wants to point out that it has a
guard rail on both sides of it that runs all the way down to the 420’ mark of Hyco Lake.
Mr. Poindexter stated that you cannot cut a road through the pond at the bottom or through
the side of that guard rail, as it is state maintained land due to the 420’ line. Mr.
Poindexter stated that he knows what he needs to do to keep the safety up. Mr. Poindexter
stated that he would be putting up signage for parking and people would not be going
down Phifer Lane, instead they would utilize Old 57. Vice Chairman Sims stated that
there were also concerns about wear and tear of the road. Mr. Poindexter stated that Old
57 is abandoned and his office is sitting on part of it, and the old road is pavement under
pavement. Commissioner Puryear asked if the road was state maintained. Mr. Poindexter
stated that the road is not state maintained as the state abandoned it in 2014, when he built
his office. Mr. Poindexter stated that is the only road in and out, and he cannot change
that.
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Mr. Poindexter stated that if the maintenance of the road becomes an issue,
neighbors can let him know. Mr. Poindexter stated on another note, that he did obtain
building permits, as well as plumbing, and electrical permits.
Commissioner Palmer asked Mr. Poindexter if the right of way was lighted on
either side. Mr. Poindexter stated that there are exterior lights, and two poles with lights
on them. Mr. Poindexter stated that he has approximately 100 landscaping lights and lights
on the steps, which are set to cut off at 11:00 p.m. Mr. Poindexter stated that there is no
light on the roadway of Phifer Lane, except one of the neighbor’s has two lamp posts.
Commissioner Palmer asked Mr. Poindexter about the size of the event center. Mr.
Poindexter stated that when the Fire Marshal and Building Inspector came out to the
property, he was told he could have up to 121 people on site. Mr. Poindexter stated that
with the new septic system he is putting in, he would be allowed to have 181 people. Mr.
Poindexter stated that he would be going above and beyond as he does not want any
problems down the road with that. Commissioner Palmer asked Mr. Poindexter will the
events be held inside the center involving music, or would they be outside. Mr. Poindexter
stated that the music would be inside of the building upstairs. Mr. Poindexter stated that
outside would be used socially for people to sit. Commissioner Palmer asked Mr.
Poindexter what is the distance from the roadway to the turn off for Phifer Lane. Mr.
Poindexter stated a good distance, maybe 200 feet. Mr. Poindexter stated that people
coming to the event center are following the paved road, Phifer Lane, and not following
the gravel driveway leading to the event center. Mr. Poindexter stated that he has put
signage up. Commissioner Palmer suggested larger signs. Mr. Poindexter stated that he
could do that. Commissioner Palmer stated that typically from the years he has been to
events, you would have law enforcement, or somebody out in the roadways directing
traffic. Mr. Poindexter stated that they are not that big, sometimes 40-50 cars, they have
never had law enforcement there, for events such as weddings and anniversary and
birthday parties. Commissioner Palmer asked Mr. Poindexter if the event center has both
day and night events. Mr. Poindexter stated yes it has both day and night events. Mr.
Poindexter noted that it was previously stated about ABC permits, and he does not have a
permit, as he does not sell alcohol. Mr. Poindexter stated that it is the responsibility of the
caterer to obtain ABC permits.
Commissioner Thomas stated that the main thing people are concerned about is
safety and the size of the berm needing to be bigger. Commissioner Thomas stated issues
with the parking lot, and Mr. Poindexter stated he has moved the parking area.
Commissioner Thomas referenced the noise ordinance mentioned of 10:00 p.m. Mr.
Poindexter went back to reference the size of the berm. Mr. Poindexter stated that they are
fixing to dig up the septic and will end up with some dirt left over that could be used to
make a 3-foot berm, and at the same time put bushes on top of that to make it six-foot.
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Commissioner Palmer asked how did Mr. Poindexter get to this point, as he has
already been in operation. Mr. Poindexter stated that he came out of land use once he built
his landscaping, parking lot, and driveway. Mr. Poindexter stated that now his land is too
small to stay in land use and is no longer deferred, which means he will be paying his fair
share of taxes. Mr. Poindexter stated that once he came out of land use, he applied for the
Special Use Permit.
Chairman Powell asked if there were any other questions from the Board, to which
the Board replied no.
CONSIDERATION TO GRANT OR DENY SUP-03-24- A REQUEST BY THE
APPLICANT AND PROPERTY OWNER, JAY POINDEXTER, POINDEXTER
PROPERTY MANAGEMENT, LLC, FOR SPECIAL USE PERMIT APPROVAL
ON AN ±14.39-ACRE LOT (TAX MAP NO. A3 161), LOCATED AT 9958 SEMORA
RD., TO ALLOW THE POINDEXTER EVENT CENTER IN AN R (RESIDENTIAL)
ZONING DISTRICT; PER SECTION 155 OF THE PLANNING ORDINANCE
A motion was made by Commissioner Puryear to approve SUP-03-24 – A request
by the Applicant and Property Owner, Jay Poindexter, Poindexter Property Management,
LLC, for Special Use Permit approval on an ±14.39-acre lot (Tax Map No. A3 161),
located at 9958 Semora Rd., to allow the Poindexter Event Center in an R (Residential)
zoning district with the following conditions:
1) The applicant continues to obtain all required permits from Person County, the
State of North Carolina, and any other agency to achieve construction,
operations, and maintenance of the subject property;
2) The Person County Noise Ordinance is followed;
3) The applicant or tenant installs a continuous landscape hedge at a minimum
height of two feet at full maturity along the eastern boundary of the proposed
parking lot that screens the parking lot from adjacent land uses; and
4) The applicant or tenant shall provide continual property maintenance that does
not impact adjacent properties.
Chairman Powell asked if there was any discussion from the Board and if they
were content with the stipulations and additional requirements in the motion as stated,
before proceeding with the motion. Chairman Powell asked the Board, how clearly are
they defining safety. Commissioner Puryear stated that these are the Planning and Zoning
staff recommendations. Chairman Powell stated that he understands that. Commissioner
Puryear stated that is his motion and called the question. Chairman Powell recognized
Commissioner Puryear calling the question, the motion on the floor, and called for a vote
by the Board.
The motion carried 5-0.
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Chairman Powell failed to vote; therefore, it shall be recorded as voting in the
affirmative, as indicated in the Board’s Rules of Procedure.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Alan Booker of Rougemont stated that he spoke a couple of weeks ago and thanked
the Board for their time. He stated that he later realized, ‘What was he thanking the Board
for”? For not listening to Person County residents, for not responding to their request for
information, or for not being able to address the Board as individuals in an open meeting.
He stated that at the last two meetings, the cell tower application process was unanimously
accepted with no discussion, and a rail yard issue was spoken to and appeared to be shrouded
in issues of secrecy and insider knowledge. He stated that were multiple forms available for
comment for or against as usual. He stated that one individual came forward, and these were
big projects. He stated most likely no one signed up like the Dominion gas project, nobody
had been informed in a timely manner. He stated that this appears to be the Boards’ method
of passing important projects quickly without public input or the possibility of public
scrutiny. He stated that there is no true participation when our representatives refuse to
engage in conversation during these meetings. He stated that by refusing to engage in
conversations with constituents, the Board is demonstrating fear of accountability, or at
worst weakness. He stated that constituents have the expectation that trust can be built with
our representatives in government by acknowledging weaknesses when you reflect upon the
flaws inherent in your working process. He stated that he understands how complicated
these issues are and that it cannot be an excuse for stonewalling your constituents. He stated
that he is deeply disturbed by the broken nature of the Boards’ working process as it clearly
demonstrates democracy at its worst.
Joseph DiBiasi of 53 Dorothy Brooks Lane, Roxboro stated that he lives adjacent to
Project Log. He stated that today is May 6, 2024, and it has been over seven months since
the due diligence has commenced on the Woodsdale rail laydown yard. He stated that as of
today, there is still no proper county zoning, no state permits, no state approvals of
construction, no state approvals of business operations, no DOT approvals, and no word
from Norfolk Southern Railroad on future rail lines or construction. He stated that what we
do have is an illegal roadway through private property, an illegally built containment mat,
and clearing of County land beyond state expectations, all brought to us by a contractor
from out of state. He stated that he would like to know when our county officials will be
resolving these issues and put Project Log onto its proper course. He stated that the residents
expect a real response.
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John Seepe of 277 Barefoot Landing Lane, Semora stated that the previous speaker
was 32 seconds short; therefore, he will take that time. He congratulated Clerk to the Board
Michele Solomon on the minutes and the clerk job, and stated that his comments are not
negative to her. He stated that he looked over the minutes from the last meeting and it was
missing some details. He stated that he liked what was captured on his speech as well as
Joe’s and others. He stated that Phillip Allen started with a positive message where he
emphasized the character of the current board members of the EDC and the PCBIC, how
they are all volunteers, and honored and privileged to make contributions to a place that
they call home. He stated that Allen further stated that their motivations are noble and
unselfish. He stated that Allen reiterated it again for emphasis. He stated that Allen stated
that they are freely giving of their time and their wisdom to make Person County a better
place for all of us, having dignity, integrity, and working hard. He stated that Allen stated
that the board has been joined at the hip for years. He stated that Allen is referring to the
Board of Commissioners, PCBIC, and EDC. He stated that he just covered the noble and
unselfishness of Mr. Poindexter buying the property for commercial purpose and taking a
year and a half to get here. He stated to challenge what Poindexter said, the barn is not an
auxiliary purpose, that Poindexter is using it as a primary use. He stated that Allen at the
last meeting was a deer in headlights in front of the Board. He stated that Allen has been
President of a board for years, yet he has no clue on how to do the budget process. He stated
that this is shocking and profound. He stated that obviously Allen has not been having to
follow the same process of County departments when submitting budget requests. He stated
that he appreciated the Chairman of the Board of Commissioners’ comments at the last
meeting, the comments were deep, and a difficult statement to make with a lot more honesty
than the citizens of the County have seen in a long time. He stated that he got the opportunity
to speak with Donald Long, a few days after the meeting, and Long disclosed the reason for
Liz Bradsher’s removal and failure as a board member of the EDC. He stated that according
to Long, it was not due to Bradsher’s hard questions, but that she had the nerve to ask them
before she made friends. He stated that he responded back to Long, “So people have to make
friends and develop relationships before they are allowed to engage in the real matters
before the boards and committees of the County’? He stated that this is shocking and
appalling, and that is why you have the train wreck at Woosdale. He stated that is why the
Board is going to have to make some hard decisions coming up, and the citizens are
watching. He stated citizens are not naïve and he hopes the Board will start a dialogue with
citizens.
Andrea Childers of 270 Blackberry Lane, Rougemont stated that she has been a
resident of Person County for 31 years. She stated that she is asking the Board to reverse
the rezoning decision they made on December 4, 2023. She stated that if the Board chooses
not to reverse the rezoning, that it is imperative that they ask Dominion Energy to get an
Environmental Impact Study, and a Stormwater Runoff Study before they are allowed to
begin construction. She stated that she is asking for safety, that the wells for all the neighbors
in the area be tested now, and for the life of the facility. She stated that on April 11, 2024, a
friend of hers spoke with a County Commissioner who told her he did not have to listen to
her because he listened to the experts.
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Childers stated that on December 4, 2023 experts stood before the Board and
explained the dangers of building the Moriah Energy Center, but the Board discarded all of
the expert opinions and voted to rezone.
Adam Bridgforth of 238 Phifer Lane, Semora stated that none of the concerns of the
homeowners of Phifer Lane were considered. He stated that he finds it grossly negligent on
the Board’s part and questionable decisions are being made with little regard to the residents
and safety measures.
Joan Healy of 6805 Falcon Bridge Road, Chapel Hill stated that she resides in the
City of Durham and for over 30 years has owned land at Potluck Farms in Rougemont, and
hopes to build on when she retires this year. She stated that her land is 1.8 miles from the
MEC facility that the Board rezoned from Rural Conservation to General Industrial. She
stated that according to those that are monitoring the area in this preconstruction phase of
the MEC, runoff and siltation standards are reportedly already exceeding limits. She stated
that she was at the December 4, 2023 meeting, and was offended that a member of the Board
claimed that people were paid to show up. She stated that she was not paid to be at that
meeting or any other meeting on the impact of the MEC facility. She stated that an
Environmental Impact Study needed to be done.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Palmer and carried 5-0 to approve the
Consent Agenda with the following items:
A. Approval of Minutes of April 15, 2024,
B. Budget Amendment #22,
C. Audit Contract and Engagement Letter for FY24, and
D. Resolution Renaming the County Farm Park to the Roxboro Rotary Club of
Roxboro Centennial Park
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NEW BUSINESS:
PERSON COUNTY SCHOOLS FY25 BUDGET REQUEST
Person County Schools Superintendent Dr. Rodney Peterson presented the
following for FY25 budget request.
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There was no discussion and no questions by the Board for Mr. Peterson. No action was
taken by the Board, as this was an informational presentation for the FY25 budget request.
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PIEDMONT COMMUNITY COLLEGE FY25 BUDGET REQUEST
Piedmont Community College President Dr. Pamela Senegal presented the
following for FY25 budget request.
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Commissioner Palmer asked what classes would be offered at the CHATT location
and timeframe to move in and get settled. Dr. Senegal stated that the classes to be offered
at CHATT include, CDL truck driver training, HVAC classes, Plumbing, Welding, and
Health Programs to include Phlebotomy, CNA, and Nursing. She did not provide a
timeframe, but advised, it could be as soon as the first quarter in FY25 for some of the
programs.
There were no other questions by the Board. No action was taken by the Board, as
this was an informational presentation for the FY25 budget request.
PERSON COUNTY ANIMAL SERVICES ORDINANCE
Presented by Animal Services Director Kelli Lewis. She stated that at the request
of a commissioner, she will discuss the existing Animal Services Ordinance and provide a
review of bite statistics over the last three years. She stated that there were 329 bites in a
three-year period. She stated that 147 of the bites were by family-owned pets. She stated
that they either bit a family member in their home or bit the actual owner. She stated that
12 of the bites occurred at the veterinarian office or to staff from the shelter, 2 were
wildlife, 108 were cats, and 60 were by stray dogs or by owned dogs off of their property.
She stated that of the 60 stray or owned dogs, 8 of them were not located, 19 received
verbal warnings, 13 received citations, 6 of them received a dangerous dog warning letter,
5 of them were deemed dangerous, 4 of them were surrendered and euthanized per the
owner’s request or surrendered then euthanized, and 5 of them were owner-surrendered to
euthanize.
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Vice Chairman Sims asked if the statistics provided include both the City and the
County. Lewis stated that the County and City share the same shelter manager program,
therefore the numbers reflect both City and County combined. Sims stated that it would be
nice if citizens knew how many bites occurred in the City versus how many in the County.
Lewis clarified that of the 60 stray dogs or owned dogs off the property, the large
percentage of those bites were of people trying to break up a dog fight, and it was not
intentional that the dog was going at a person, it was because the person got in between
two animals that were fighting. Sims asked if there was a leash law in the City. Lewis
advised yes, there is a leash law in the City. She stated that the City Ordinance is different
from the County Ordinance. She stated that there is a City Animal Control Officer that
works for the PD and they have their own ordinance, the City. She stated that there is the
Sheriff’s Office that has 2 Animal Control Deputies and they have their own ordinance,
the County. She stated that the shelter just holds these dogs during quarantine. Sims asked
what right do citizens have if they feel threatened by a dog or an animal. Lewis responded
that everyone has a right to protect themselves how they see fit. She stated that most
situations are handled with the Sheriff’s Department where an Animal Control Deputy or a
Deputy responds by giving either a verbal warning or by sending the report to the Animal
Control Officer that handles the situation by taking out charges on them or instructs them
on how to take out civil charges. Sims stated he has concerns of a citizen protecting
themselves and shoots a dog, then the owner of the dog retaliates and shoots the person
that shot the dog. He stated that it would be hard in the County to enforce a leash law.
Commissioner Palmer stated that his purpose for addressing the County Ordinance
is public safety, and for public assistance calls to 911, EMS, Sheriff’s Department, and
Roxboro PD could be reduced. He stated that the current County Ordinance was revised in
2023. He stated that current fines for dangerous dogs that have records of attacking
individuals is $100. Lewis stated that each case is different on how they are fined, as it
depends on if the dog was off the property and whatever that dog case was. Palmer stated
that a dog bite, is a dog bite. He stated that this fine, if imposed, is nowhere near being
acceptable by his standards. He stated that those that have experienced an attack will live
with this trauma.
Palmer stated that there is a serious problem with resident dog owners in this County,
as they do not maintain control of their dogs at all times. He stated that he and his little dog,
still live with the trauma from an incident from about three years ago. He stated that he
received a report from the Person County Sheriff’s Department that shows 357 dog bites
from January 2021 – April 2024. He stated that verbal warnings are not effective, $100 fines
are not effective enough, and giving an aggressive animal or dog two chances before
euthanizing is not working well either. He stated that 357 bites over the course of 3 years,
should have generated $5,700, if the owners of the dogs were actually charged the current
$100 fine. He stated the statistics are alarming and that we can make our County much safer,
as we should. Lewis asked if there were any recommendations that she could take back to
the Animal Services Advisory Board for changes to the Cunty Ordinance. Palmer suggested
increasing fines from $100 to $500 and to hold owners accountable. He also does not like
that dogs can roam their property owner’s land, such as a 100-acre farm with no restraints.
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No action was taken by the Board. Lewis received the Board’s recommendations on
revising the current Animal Services Ordinance and will present it to the Animal Services
Advisory Board at their next scheduled meeting.
APPOINTMENTS TO BOARDS AND COMMITTEES
Clerk to the Board Michele Solomon presented to the Board interested citizen
applications for consideration for appointment to boards and committees, and requested the
Board to nominate for appointment as deemed appropriate.
Environmental Issues Advisory Board
There is 1vacant position available for an unexpired term to December 31, 2025 for a citizen
residing in the Mt. Tirzah Township
Sammy Clayton requests appointment.
A motion was made by Commissioner Thomas and carried 5-0 to appoint Sammy
Clayton to the Environmental Issues Advisory Board for the Mt. Tirzah Township to fill an
unexpired term to December 31, 2025.
PATS Transportation Advisory Board
There is 1 vacant position available for a 3-Year Term for an occupational affiliation
representative for a medical related service.
Jeremy Buchanan requests appointment.
A motion was made by Commissioner Puryear and carried 5-0 to appoint Jeremy
Buchanan to the PATS Transportation Advisory Board for a 3-year term.
Tourism Development Authority Board
There is 1 vacant position available for a 1-year term for the Tourism Development
Authority Board for a citizen-at-large.
Jeremy Buchanan requests appointment.
A motion was made by Commissioner Sims and carried 5-0 to appoint Jeremy
Buchanan to the Tourism Development Authority Board for a 1- year term.
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CHAIRMAN’S REPORT:
Chairman Powell reported that he attended the orientation training session for the
new management structure for DSS. He stated that all Commissioners were in attendance.
He stated that it was enlightening to see what they are about to undertake when the Board
takes over the responsibilities related to DSS. He stated that he attended the County Safety
and Wellness Fair for the County employees, there were lots of vendors and activities there,
and it was well attended by employees. He stated that he attended the ceremony for a $25K
grant from Duke Energy to go towards the County Farm Park project. He stated that he is
grateful to Duke Energy for their continued support of Person County. He stated that he
attended the 40th anniversary of the Leasburg VFD, and their new building and grounds are
impressive with what they have done in raising money to better serve their community. He
stated that several VFD’s in Person County have achieved the goal of lowering the ISO
ratings, which equates to lower homeowner insurance. He stated that he appreciates the
VFD’s and commends them on what they do for citizens and their safety. He stated that he
attended an Emergency Alert System sign up led by County EMS staff, getting the senior
citizens signed up for emergency service calls. He stated that he and Manager Cathey
attended a Roxboro Housing Authority event celebrating the remodeling of one of their
buildings to become a Community Center for Educational purposes. He stated that he took
a tour of the Dominion site that is under construction, and it was a privilege to be able to do
that. He stated he observed silt screens, and they are doing an outstanding job with safety.
He stated that he and others went to Raleigh last week to the Research Triangle Regional
Partnership Annual Event. He stated the event was very informative with lots of data. He
stated that he attended the Special Olympics at Person High School last week in support of
the County’s handicapped individuals. He stated that he attended a meeting with the
Roxboro Housing Board of Directors in establishing a new Board of Directors for their
facility, and was impressed with how that meeting was conducted. He stated that he attended
the National Day of Prayer, and it was well attended.
MANAGER’S REPORT:
County Manager Katherine Cathey stated as a reminder to the Board, that budget
one-on-one meetings for the Board are scheduled this week, starting tomorrow morning.
She stated that she looks forward to sitting down with each of the Commissioners to preview
the Manager’s recommended budget.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims reported that he attended the Duke check presentation at Parks
and Rec. He stated that he took a tour of the Dominion Energy plan site and observed that
a lot of land had been cleared, and they are moving a lot of dirt. He stated that their safety
program was really good, strong, and he was impressed that nothing was unsafe or out of
place. He stated that with close to five inches of rain, it is almost impossible not to have
muddy creeks and the silt screens may not catch all, especially during construction with a
lot of dirt being moved.
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Commissioner Palmer reported that he attended the DSS meeting. He stated that he
attended the Parks and Rec recognition of the $25K gift from Duke. He stated that he
attended the County Veterans recognition at the Veterans Park, and the luncheon for County
Veterans that work for the County. He stated that his tour of Dominion Energy was
postponed until sometime this week.
Commissioner Puryear referred a question to the County Manager. He stated that he
was notified that there were several volunteers in the County that were invited, and in
attendance, to a luncheon today from the Governor at the Imperial Hotel in Durham. He
stated that the nonprofit group that invited the volunteers is the Triangle Nonprofit and
Volunteer Leadership Center. His question was, ‘Did the County Manager receive an
invitation?’ County Manager Cathey advised Commissioner Puryear that she does not recall
receiving an invitation but would doublecheck her email. He stated that the City may not
have received an invitation but advised that he was told that other municipalities and county
officials were there.
Commissioner Thomas expressed thanks to all that came to the meeting, especially
the school board. He stated that it is important as a Board to keep education at a high level
for Person County. He stated that the JROTC will be having national signing day on May
18, 2024 at 11:00 a.m. at the Veterans Park
Chairman Powell directed a statement to the Clerk. He wanted for clarity, to go
back to Item #7 on the agenda. He stated that a vote was taken to grant or deny that
request. He advised the clerk that he wanted to make sure she was aware and heard that his
vote was a no. Clerk to the Board Michele Solomon advised Chairman Powell that her
notes for the draft minutes reflect a no but also indicate that he was not in agreement with
the motion.
Please see pages 19-20, which references the vote on this item and how it was
recorded.
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CLOSED SESSION #1
A motion was made by Commissioner Sims and carried 5-0 to enter into Closed Session
#1 at 8:25 p.m. per General Statute 143-318.11(a)(3) for the purpose to consult with the
county attorney in order to preserve the attorney-client privilege with the following
individuals permitted to attend: County Manager Katherine Cathey, Clerk to the Board
Michele Solomon, and County Attorney Nick Herman.
Chairman Powell called the closed session to order at 8:27 p.m.
A motion was made by Commissioner Puryear and carried 5-0 to return to open
session at 8:29 p.m.
A motion was made by Commissioner Puryear and carried 5-0 to approve a
Resolution to amend the current complaint to add claims against Express Scripts and
OptumRx and their relevant subsidiaries concerning their role in fueling the opioid crisis.
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ADJOURNMENT:
A motion was made by Commissioner Puryear and carried 5-0 to adjourn the
meeting at 8:31 p.m.
_____________________________ ______________________________
Michele Solomon Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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PERSON COUNTY BOARD OF COMMISSIONERS May 20, 2024
MEMBERS PRESENT OTHERS PRESENT
Gordon Powell Katherine M. Cathey, County Manager
C. Derrick Sims Michele Solomon, Clerk to the Board
Kyle W. Puryear G. Nicholas Herman, County Attorney
Charlie Palmer
Jason Thomas
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, May 20, 2024 at 9:00 a.m.in the Commissioners’ Boardroom
215 in the Person County Office Building located at 304 S. Morgan Street, Roxboro, NC.
Chairman Powell called the meeting to order. Commissioner Thomas offered an
invocation, and Commissioner Palmer led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
A motion was made by Commissioner Sims and carried 5-0 to approve the agenda.
INFORMAL COMMENTS:
The following individuals appeared before the Board to make informal comments:
Mary Bennett of 86 Elderberry Lane, Rougemont stated that she has lived near two
beautiful streams in Rougemont for the past 34 years, and has walked to those streams
almost every day. She stated that when Dominion Energy came to her community and
talked to her, she showed them the map that indicated where the streams were located. She
stated that the Dominion site was in the headwaters of one of the streams, and she
expressed her concerns to Dominion at that time. She stated that Dominion assured her
that they would have erosion control measures in place to prevent downstream problems.
She stated that Dominion will be using 16M gallons of water to clean the tanks. She stated
that Dominion will be using their stormwater systems to release water on-site from all the
construction. She stated that the stream coming from that area has been contaminated and
looks terrible since Dominion began construction. She stated that the streams are usually
clear and beautiful. She stated that the this is a very serious problem.
John Seepe of 277 Barefoot Landing, Semora stated that a few meetings ago
Chairman Powell expressed his frustration and sorrow for not speaking up for decades
about County matters, which should have been addressed. He stated that he watched as the
Board rolled their eyes at the Chairman and did not acknowledge the good stipulations
that he put forward courageously.
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Seepe stated that at the last meeting, Alan Booker asked himself, “Why did he
thank the Board at a prior meeting that he had spoken at? Was it for failing to listen to
Person County residents, for not responding to their requests for information, and for not
being able to address the Board as individuals in an open meeting?” Seepe stated that this
occurred after the Board ignored three residents who came before the Board to petition for
some modifications which had safety and quality of life impacts on their families. He
stated that the residents asked for a small berm and a better hedge, which the Board failed
to discuss and proceeded to vote on a motion as written. He stated that the lack of concern
for these families was astounding. He stated that people take time out of their lives to
come to the meetings, just to be ignored. He asked the Board, “What kind of hope do you
think you give the community by such behavior? Where is their love and respect for the
County residents? Why are you here? Is it just to be a pawn of the powerful and
influential? To enjoy some side benefit through some LLC that you or a family member
owns and operates? How about a fellow Board member or prior Board member that you
hang with? Are you counting on the community’s apathy when you reassess their homes
in January, increasing their property taxes to a population that is over 18% under poverty?
He stated that Booker stated at the last meeting that the Board’s behavior clearly
demonstrates democracy at its worst. He stated that Larry Yarborough, a state
representative made this statement in writing “The Board’s ruling indicated that the Board
wanted this business entity to succeed and would not hinder this business entity with silly
regulations.” Seepe stated that this is astounding, and that Yarborough made a mockery by
calling them silly regulations. He directed a question to Vice Chairman Sims, “How about
when you are out there and begging for votes Mr. Sims, from the very voters that you have
ignored and trampled on?’ Vice Chairman Sims stated to Seepe “Do not make this
personal.” Seepe asked” When will you start putting the County and citizens before self?”
He stated that the Board has drifted away from any public service foundation and
abandoned any instruction as a child. Chairman Powell advised Seepe to please address
the entire Board. Seepe stated that if the Board does not like the tone and the spirit of the
community, that they have largely established it, and they are reaping that which they
have sown.
Jose Tierrablanca of 207 Broad Street, Roxboro stated that he comes before the
Board to speak on matters related to CPS at the local DSS. He stated that he and his wife
have been attacked by DSS. He stated that their two daughters were wrongfully removed
from their care due to improper reports and false allegations. He stated that he is a believer
in God and Jesus, and believes in the Bible. He stated that his psych evaluation that DSS is
determining his parenting skills on is that his belief in God is nothing but delusions and
hallucinations. He stated that he has a very troubled past, and some in this town are aware
of that. He stated that he has lived here for almost 25 years, and that he loves this County.
He stated that no one is doing anything to help him and his wife get their daughters back.
He stated that his family are believers in Christ and are being persecuted and are being
told that they are mentally unstable because of their beliefs. He stated he just wants help to
get their daughters back home.
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Liz Bradsher of 976 Estate Road, Semora stated that we are playing a shell game
with Project Log. She stated that the public questions are covered up by the use of the
game done by the County and the PCBIC. She stated that both entities are covering up for
individuals and the mistakes that have been made. She stated that Jay Poindexter, Donald
Long, Phillip Allen, and others have played this game in front of all of us. She stated that
the land has garbage piles on it. She stated that Poindexter stated when he spoke to Joseph
Dibiasi, that he cannot trespass this land. She stated that Poindexter is a member of the
PCBIC, and the land is still owned by the PCBIC. She stated that Ms. Wilborn, a
candidate for commissioner and sister-in-law to our Sheriff, refuses to speak about this
under the guise of economic development confidentiality. She stated that everyone knows
that there are no competing bids on this project, and there is nothing secret on this project,
and yet the word confidentiality is repetitively used. She stated that what it really means
is, public obstruction. She stated that shell games are easy to see. She referenced shell
games by the Biden Administration. She stated that she knows what a shell game is. She
stated the shell game being played here is documented with emails and information
obtained from the Department of Environmental Quality, Norfolk Southern Rail, The
Timmons Group, the State Department of Transportation, English Construction, and the
list goes on and on. She stated that she has all the emails. She stated that is all too
convenient that the only paper in Person County, The Courier=Times refuses to write
anything about this matter. She stated that it may be because the editor is covering up for
his friend. She stated that she was raised in the DC area and can see a cover up a mile
away. She stated that three of the Board members owe their seats to Wilborn’s brother-in-
law, as the dots are easy to connect. She stated that Project Log is imploding and the main
people involved are hiding information from the public. She asked the Board “What is the
Board’s intention to give taxpayer money to a nonprofit that has raised not a dime on their
own for over 20 years and has caused this blunder?’ She stated not a dime of public
money should go to this entity, Mr. Allen should be removed from the EDC, and the entire
EDC’s purpose and their work should be evaluated. She stated that Benjamin Franklin
once said “Virtue and honesty is expected from our leaders.”
Andrea Childers of 270 Blackberry Lane, Rougemont stated that sediment is the
greatest water pollutant by volume in NC. She stated that sediment can quickly fill rivers,
lakes, and reservoirs destroying aquatic habitats, fish populations, and result in damage to
drinking utilities. She stated that Person County lies in the Neuse River basin, home to
threatened and endangered species. She stated that Deep Creek, which is less than two
miles from the Moriah Energy Center, home to the federally threatened Atlantic Pigtoe
Mussel, Neuse River Waterdog, the Green Floater Mussel, and the Carolina Madtom
Catfish. She stated that as of today, Dominion Energy has violated erosion standards set
by the state of NC, as well as violating the Clean Water Act. She stated that turbidity
standards are not allowed to exceed 50 NTU’s. She stated that over the past few weeks,
Mr. Clayton’s creek has reached as high as 750 NTU’s. She stated that her creek has
reached as high as 220 NTU’s. She stated that only pre-construction is going on at the site.
She implored the Board to stop this.
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Elissa Huffstetler of 104 Elderberry Lane, Rougemont stated that she was not paid
to be at the meeting. She stated that she is one of the originators of the No MEC. She
stated that she was pondering Memorial Day, and that her father was a fighter pilot during
WWII and the Korean War and fought for democracy. She stated that she and her father
fought a lot about politics, as they were not on the same side, but he always respected the
fact that she had an opinion. She stated that we would not be in this whole thing with the
LNG, and all the other meetings we have had, if the Board had respected the people’s
democracy. She stated that the Board’s constituents pay their salary, and pay taxes to a
county they love. She stated that the same people speak every week, and the Board has
disregarded what has been said. She stated that at the Chamber breakfast, Chairman
Powell told her that the Board does not have to listen to constituents, that they listen to
experts. She stated that the people have become experts.
Rhonda Currier of 106 Shannon Court, Timberlake stated that she is here in
opposition to the Moriah Energy Center. She stated that the people continue to share
valuable information about the negative impacts that the LNG facility will have on
residents and the environment. She stated that the residents feel like they are not being
heard. She stated that there should be no sacrificial lambs as a result of this project. She
stated that everyone who lives and breathes in this community should be heard, and
considered important. She stated that this was not a minor decision the Board made to
rezone and allow this LNG monstrosity into the community, yet the Board made the
decision without regard to the facts that have been and continue to be presented. She asked
the Board to reverse the rezoning decision. She stated that religious or not, God is
watching.
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA:
A motion was made by Commissioner Thomas and carried 5-0 to approve the
Consent Agenda with the following items:
A. Budget Amendment #23, and
B. Written Order for SUP-03-24 – A request by the Applicant and Property
Owner, Jay Poindexter, Poindexter Property Management, LLC, for Special
Use Permit approval on an ±14.39-acre lot (Tax Map No. A3 161), located at
9958 Semora Rd., to allow the Poindexter Event Center in an R (Residential)
zoning district; per Section 155 of the Planning Ordinance.
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NEW BUSINESS:
RESOLUTION AUTHORIZING COUNTY LINE SURVEYING
GIS Director Sallie Vaughan presented the following.
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Copy of letter from Caswell County in 1998.
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May 20, 2024
7
Copy of letter from Person County in 2001.
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May 20, 2024
8
Plat of Survey from 2003
Survey was completed in 2003. Plat was generated, but not adopted by either local
government.
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May 20, 2024
9
Plat of Survey from 2003
Three County line markers were placed
Caswell/Person/Virginia Corner
Leasburg Rd
Caswell/Person/Orange County Corner
NCGS will re-survey those markers using current technology to produce the plat of
survey.
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May 20, 2024
10
What is changing?
Change is very slight and mostly impacts uninhabited areas (farmland, forest, etc.)
Shifts the boundary west ranging from less than a foot, several feet as pictured to the
right, and up to 70 ft. in some places
Help resolve some long-standing issues with 911 dispatching and taxation
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May 20, 2024
11
What is changing?
This area has roughly a 70-ft. difference between surveyed boundary lines.
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12
Next Steps
Approve the Resolution Authorizing County Line Surveying
Authorize the NC Geodetic Survey (NCGS) to complete any necessary
research and perform survey work
Appoint Russell Jones as the Special Commissioner on Boundaries
NCGS will create and submit a plat of survey for ratification by the Board.
Survey will become conclusive after ratification or within one year of submission.
Vice Chairman Sims asked who requested this to be done and would there be any
cost to Person County. Vaughan stated that NCGS initiated the request. She stated the only
cost would be for advertisement if the Board chooses to have a public hearing, which is not
required.
A motion was made by Commissioner Sims and carried 5-0 to approve a resolution
authorizing county line surveying.
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AIRPORT REHABILITATION PROJECT CONTRACT
Presented by County Manager Katherine Cathey. She stated that there is a project
planned for airport rehabilitation, which is for resurfacing of the runway as well as the
connecting taxiways and apron pavements at Raleigh Regional at Person County Airport.
She stated that NCDOT has awarded additional funds, which will cover the entire project,
as far as their 90%, as this is a 90/10 grant, pending approval of receipt of additional grant
funds in the amount of $4.1M (includes local match of $410K), funding for the county match
will be budgeted and is available in the Airport Construction Fund. She stated that the
project was bid, and Fred Smith Company of Raleigh provided a bid in the amount of
$10.42M. She stated that she is asking the Board to recognize additional grant funds in the
amount of $4.1M, award contract to Fred Smith Company, and authorize the County
Manager to execute the contract.
A motion was made by Commissioner Palmer and carried 5-0 to recognize
additional grant funds in the amount of $4.1M, award contract to Fred Smith Company, and
authorize the County Manager to execute the contract.
MANAGER’S RECOMMENDED BUDGET PRESENTATION
Presented by County Manager Katherine Cathey. North Carolina General Statutes
require that on or before June 1 of each year, managers present their recommended budget
for the next fiscal year to the Board of Commissioners. County Manager Katherine Cathey
provided an overview of the FY 2024-2025 budget through the following presentation. She
presented the Board with copies of the budget documentation for commissioners’ review.
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Manager Cathey advised the Board that the public hearing will be on June 3, 2024
at 6:00 p.m. She stated that the Board could schedule two budget work sessions, June 5,
2024 and June 10, 2024, followed by adoption of the budget on June 17, 2024.
It was the consensus of the Board to hold a budget work session on June 5, 2024 at
9:00 a.m. and a second budget work session on June 10, 2024 at 9:00 a.m., if needed
Chairman Powell thanked Manager Cathey for her presentation, and recognized that
a lot of hard work was put in to the budget recommendation. He expressed that he is not in
favor of a tax increase.
Vice Chairman Sims stated that a work session is needed and that he is not in favor
of a tax increase.
No action was taken by the Board, as this was an informational presentation.
EMPLOYEE BENEFITS UPDATE
Human Resources Director Sonya Carver presented the following.
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Carver stated that the recommended changes are included in the FY25 Manager’s
Recommended Budget, and a Personnel Policy Amendment that incorporates the approved
changes will be presented in June following adoption of the FY25 Budget.
Vice Chairman Sims stated that employee benefits are very important for retaining
and recruiting. He stated that he thinks the County does need to look at enhancing those
benefits as we go forward. He thanked Carver for the presentation.
No action was taken by the Board, as this was an informational presentation.
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CHAIRMAN’S REPORT:
Chairman Powell reported that he attended PCC’s graduation ceremony on May 17,
2024. He stated that he also attended the 25th Anniversary Celebration at Canterbury House
on May 17, 2024.
MANAGER’S REPORT:
County Manager Katherine Cathey had no report.
COMMISSIONER REPORT/COMMENTS:
Vice Chairman Sims stated that he would like for the Assistant Count Manager to
look in to the DSS complaint mentioned today and report findings back to the Board. He
stated that in reference to comments made referencing Dominion Energy and stormwater,
that we have had a lot of rain last week, which is hard to control, and he wants to make sure
they are following regulations. He stated that he is not part of any cover up whatsoever, and
those type of accusations are thrown out, it seems like, at every meeting. He stated that he
is the only one on the Board running for office, and he thinks that the Board needs to review
public comment rules. He stated that the Board has rules in place, and people are not
supposed to be personal, and that the rules need to be followed and enforced. He stated that
he respects the Chairman and his position, but when you have someone that is going to get
up and personally attack you, he will speak up. He stated that he attended the Person High
JROTC program on May 18, 2024. He stated that there were about 20 cadets there, and it
was an honor to attend. He stated that he presented an award at that event for Outstanding
Cadet. He expressed thanks to all for their comments.
Commissioner Palmer stated that over the past several weeks, he has had numerous
county citizen complaints on DSS. He stated that he provided the County Manager with two
booklets full of complaints. He stated that he hopes that the issues get resolved with that
department.
Commissioner Puryear and Commissioner Thomas both had no report
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A motion was made by Commissioner Palmer and carried 5-0 to enter in to closed
sessions at 10:38 a.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 Nicholas
Herman, and Deputy Sheriff Charlie Oakley.
CLOSED SESSION #2
A motion to enter into 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 with the following individuals permitted to attend: County Manager Katherine
Cathey, Clerk to the Board Michele Solomon, Economic Development Director Brandy
Lynch, and County Attorney Nicholas Herman.
CLOSED SESSION #3
A motion to enter into Closed Session #3 per General Statute 143-318.11(a)(5) for the
purpose to instruct the public body's staff concerning the position to be taken by or on
behalf of the public body in negotiating the price and other material terms of a contract or
proposed contract for the acquisition of real property by purchase, option, exchange, or
lease with the following individuals permitted to attend: County Manager Katherine
Cathey, Clerk to the Board Michele Solomon, Economic Development Director Brandy
Lynch, and County Attorney Nicholas Herman.
Chairman Powell called the closed sessions to order at 10:41 a.m.
A motion was made by Commissioner Palmer and carried 5-0 to return to open
session at 12:08 p.m.
A motion was made by Commissioner Palmer and carried 5-0 to extend the option
through September 4, 2024 for the Mega Park.
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ADJOURNMENT:
A motion was made by Commissioner Palmer and carried 5-0 to adjourn the
meeting at 12:09 p.m.
_____________________________ ______________________________
Michele Solomon Gordon Powell
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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6/3/2024
Dept./Acct No.Department Name Amount
REVENUES General Fund
License & Permits 29,112
Charges for Services (29,112)
EXPENDITURES Fire Tax District Fund
VFD-Unallocated (44,400)
Contracted Services 44,400
EXPENDITURES Airport Construction Capital Project Fund 166,666
REVENUES Airport Construction Capital Project Fund
Federal funding 150,000
Local funding 16,666
Explanation:
Account Number Account Description
$Revenues
incr. (decr.)
(cr.) dr.
$Expenditures
incr. (decr.)
dr. (cr.)
2504377-430000 Fire Tax District -Contracted Services 44,400
2504377-465000 Fire Tax District-VFD Unallocated (44,400)
40035-380027 Fed FAA NPE 2022 (150,000)
40035-380182 State-Terminal Building Design 150,000
40035-380227 Local-FAA NPE 2022 (16,666)
40035-380282 Local-Terminal Building Design 16,666
4004530-551727 FAA NPE 2022 (166,666)
4004530-551882 Terminal Building Design 166,666
40035-380028 Fed FAA NPE 2023 150,000
40035-380228 Local-FAA NPE 2023 16,666
4004530-551728 FAA NPE 2023 166,666
40035-380028 Fed FAA NPE 2023 (150,000)
40035-380184 State-Access Road Rehab 150,000
40035-380228 Local-FAA NPE 2023 (16,666)
40035-380284 Local-Access Road Rehab 16,666
4004530-551728 FAA NPE 2023 (166,666)
4004530-551884 Access Road Rehab 166,666
Totals 166,666 166,666
BUDGET AMENDMENT #24
Correct a revenue classification reported in error on BA-22 dated May 6, 2024 from Charge for Services (-$29,112) to
License & Permits ($29,112); transferring funds in Fire Tax District Fund from VFD Unallocated (-$44,400) to VFD-
Contracted Services to purchase fire reporting software; using federal non-primary entitlement (NPE) grant funds awarded
by the NCDOT in 2022 (-$150,000) and the budgeted local match (-$16,666) for design services associated with a new or
upgraded terminal building at the airport ($166,666); recognizing federal NPE grant funds awarded in 2023 ($150,000) and
appropriating the local match portion ($16,666); and utilizing the 2023 federal NPE funds (-$150,000) and the local match
funds (-$16,666) to cover costs related to rehabilitation of the access road at the airport ($166,666).
BUDGET ADJUSTMENT DETAIL
BA-2481
AGENDA ABSTRACT
Meeting Date: June 3, 2024
Agenda Title: Person County Juvenile Crime Prevention Council (JCPC) Funding Recommendations for
FY25
Summary of Information: Each year, funding is made available through the North Carolina Department of
Public Safety/Division of Juvenile Justice to Person County and its Juvenile Crime Prevention Council
(JCPC) to be utilized to address the needs of youth at-risk for delinquency as well as adjudicated
undisciplined and delinquent youth in Person County. The funding comes in the form of a county allocation.
All 100 counties in the State of North Carolina are allocated funds based on the population of youth in the
county between the ages of 10 and 17.
Annually, the JCPC Board conducts a planning process, which includes an array of legislated tasks: a review
of the community risk factors and the risk levels of youth in the community; an assessment of the needs of the
target populations; a review of the service resources available to address those needs; the identification of
service gaps; and the strategic development of a plan to structure a seamless continuum of service
programming to address the target population needs. As part of the development of the needed services
identified in the continuum, there is a Request for Proposal (RFP) process that is completed by the JCPC
Board. Non-profits and government entities may apply for the opportunity to provide services per the
guidelines of the RFP. The JCPC Board reviews all requests and awards are made to service providers to
address service needs identified by the JCPC Board. The JCPC Board makes its recommendation of
expenditures of the allocation and presents its written annual planning documents to the Person County Board
of County Commissioners for its approval. The JCPC Board performs this function as an extension of the
Board of County Commissioners in its fulfillment of the legislated duties imposed upon them through general
statute.
For FY25, the JCPC Board recommends approval for the following funding:
Community Service, Interpersonal Skills, Teen Court, and Parenting Class & Family Advocacy
programs provided by Roots and Wings,
Community connections (intensive wraparound services) program provided by Youth Villages, and
JCPC administration.
Additionally, on an on-going basis, the JCPC evaluates the performance of its funded programs by annually
monitoring each program through on-site visits and also monthly through program reporting at the local
monthly JCPC meetings. The JCPC is also charged with the tasks of increasing public awareness of the
causes of delinquency, addressing strategies to intervene and appropriately responding to and treating the
needs of juveniles while at the same time reducing juvenile recidivism. The JCPC stands ready to respond to
the changing needs of youth and service delivery in the community.
Recommended Action: Adopt the JCPC funding plan for FY25.
Submitted By: Martha Pickett, JCPC Chair
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$30,402 Rate:20%
OTHER OTHER
# Program Provider DPS-JCPC
Funding
County Cash
Match
Local Cash
Match
Local In-
Kind
State/
Federal
Funds Total
% Non
DPS-JCPC
Program
Revenues
1
Roots and Wings - Community Service, Teen Court,
Interpersonal Skill Building, Parenting $128,345 $26,027 $154,372 17%
2 Youth Villages - Community Connections $21,875 $4,375 $26,250 17%
3 JCPC Admin $1,790 $1,790
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
TOTALS:$152,010 $30,402 $182,412 17%
County
2024 - 2025 .
Amount of Unallocated Funds
Amount of funds reverted back to DPS Chairperson, Juvenile Crime Prevention Council (Date)
Discretionary Funds added
check type initial plan update final
Chairperson, Board of County Commissioners (Date)
or County Finance Officer
Reviewed by_____________________________________
Area Consultant Date
Reviewed by_____________________________________
Program Assistant Date
Verified by_____________________________________
Designated State Office Staff Date ver 03/04/2016
Person County
NC DPS - Community Programs - County Funding Plan
Available Funds: $$152,010 Local Match: $
DPS JCPC funds must be committed with a Program Agreement submitted in NC Allies and electronically signed by authorized officials.
LOCAL FUNDING
The above plan was derived through a planning process by the Person
Juvenile Crime Prevention Council and represents the County’s Plan for use of these funds in FY
-----DPS Use Only-----
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AGENDA ABSTRACT
Meeting Date: June 3, 2024
Agenda Title: A Resolution Authorizing the Person County Sheriff to Enter into Training
Agreements
Summary of Information: Person County expends resources to recruit and hire new Deputy
Sheriffs and other positions with the Sheriff’s Office, including but not limited to the costs
associated with Basic Law Enforcement Training (“BLET”) and the provision of uniforms. In order
to ensure some of the costs are repaid to the County if an officer leaves employment in less than
three years, the Sheriff enters into Training Agreements with new recruits.
A Resolution Authorizing the Person County Sheriff to Enter into Training Agreements and a
sample training agreement are attached. The county budgets for the cost of training and
uniforms. The County Attorney recommends the Board of Commissioners adopt the resolution to
authorize the Sheriff to enter into the agreement with new hires.
Recommended Action: Approve resolution.
Submitted By: Katherine M. Cathey, County Manager
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A RESOLUTION AUTHORIZING THE PERSON COUNTY SHERIFF
TO ENTER INTO TRAINING AGREEMENTS
WHEREAS, the Person County Sheriff’s Office must expend resources to recruit and hire
new Deputy Sheriffs and other positions with the Sheriff’s Office, including but not limited to the
costs associated with Basic Law Enforcement Training (“BLET”) and the provision of uniforms;
and
WHEREAS, Person County seeks to recoup some of these costs when a Sheriff’s Office
employee is employed by the County for less than three (3) years;
NOW THEREFORE, BE IT RESOLVED BY THE PERSON COUNTY BOARD OF
COMMISSIONERS THE FOLLOWING:
Section 1. The Person County Sheriff is hereby authorized to enter into Training
Agreements with new recruits to the Sheriff’s Office, which mandate the full or partial
reimbursement of BLET, other training, and uniform costs if a recruit leaves employment with the
County in less than three years from the time of certification as a law enforcement officer by the
State of North Carolina.
Section 2. A sample Training Agreement is attached hereto as Attachment A. The
Sheriff may, in consultation with the County Attorney’s Office, modify the terms of the Agreement
as necessary and appropriate without further authorization from the Person County Board of
Commissioners.
The foregoing resolution, having been submitted to a vote, received the following vote and
was duly adopted this 3rd day of June 2024.
Ayes:
Noes:
Absent or Excused:
Gordon Powell, Chairman
Person County Board of Commissioners
Attest:
[SEAL]
Michele Solomon,
Clerk to the Board
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TRAINING AGREEMENT
To ensure that Person County does not invest time, resources and money training
persons as deputies without receiving their services for a reasonable time thereafter, the
following Agreement is made by and between _______________________________,
(hereinafter “RECRUIT”) and Person County (hereinafter “COUNTY”).
1. COUNTY agrees to provide RECRUIT with Basic Law Enforcement Training
and/or the NC Detention Officer Certification Course (collectively referred to herein
as “Training”), which are necessary for employment with the Sheriff’s Office.
2. COUNTY agrees to also provide RECRUIT with the uniforms necessary to serve
as a Person County Deputy Sheriff or in another position with the Person County
Sheriff’s Office.
3. RECRUIT, in consideration of the Training and uniform costs incurred by the
COUNTY as part of the process of hiring and training the RECURIT, agrees to
reimburse COUNTY a portion of the costs incurred by COUNTY for Training and
uniforms if RECRUIT’S employment as a _____________ is terminated within
three years of certification as a ___________________ by the State of North
Carolina. The total cost of Training is _____________, and the total cost of
uniforms is _____________. The amount of reimbursement to Person County shall
be pro-rated based on the years of service with the COUNTY:
a. Less than one year of employment, the RECRUIT is responsible for 100%
reimbursement of Training and uniform costs;
b. Between one year and less than two years of employment, the RECRUIT is
responsible for 75% reimbursement of Training and uniform costs;
c. Between two years and less than three years of employment, the RECRUIT
is responsible for 25% reimbursement of Training and uniform costs; and
d. Three or more years of employment, the RECRUIT is not responsible for
any reimbursement of Training and unform costs.
4. The employment relationship existing between RECRUIT and COUNTY is without
fixed duration and is terminable at the will of either party. For purpose of this
Agreement, the termination date is the effective date of termination.
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5. RECRUIT shall not be obligated to pay any sum of money to COUNTY pursuant
to this Agreement in the event that RECRUIT’S employment is terminated by the
COUNTY for any reason, except the conditions described in section 6 below.
6. Failure by the RECRUIT to comply with SHERIFF’S OFFICE or COUNTY
regulations, ordinances, and/or procedures may be grounds for voluntary
termination of employment by the RECRUIT. This determination will be at the
discretion of the SHERIFF.
7. Any sums due and owning COUNTY under this Agreement shall be paid in full not
more than thirty (30) days from the termination date. Pursuant to N.C.G.S § 95-
25.8, RECRUIT hereby authorizes COUNTY to withhold delivery of any paycheck
due to RECRUIT after termination of employment, if any sum of money is due and
owing under the terms of this Agreement, and waives any right to reasonable
opportunity to withdraw authority, pursuant to N.C.G.S § 95-25.8(a), but the excess
of salary owing over the sums due under this Agreement shall be paid to RECRUIT
as soon as possible, if there is any. The RECRUIT expressly authorizes the
COUNTY to deduct any sum due and owing under this agreement’s term from the
RECRUIT’S final paycheck.
8. It is specifically agreed that these sums are not penalties for termination, but are
rather to partially reimburse COUNTY for expenditures to train RECRUIT.
Acceleration Clause: The RECRUIT agrees that, in the event the RECRUIT fails to make
any payment due under any payment plan established pursuant to this Agreement in a
timely manner, all sums due under the payment plan shall become immediately due and
payable. Further, the parties agree that such action shall entitle the COUNTY to pursue
any and all legal remedies for the entire balance immediately, including but not limited to
the remedies of attachment and garnishment and use of the North Carolina Local
Government Debt Setoff Clearinghouse.
Consideration: The parties hereto expressly acknowledge the existence of consideration
to support this agreement, the adequacy and sufficiency of which is duly acknowledged.
Merger Clause: This document contains the full complete, and final Agreement of the
parties and, upon its execution by the parties, is intended to be binding contract under the
laws of North Carolina.
The parties hereto have executed this Agreement in North Carolina this __________ day
of ____________________, 20______.
COUNTY OF PERSON
By______________________________
Jason Wilborn, Sheriff
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________________________________
(Recruit Signature)
State of ___________________________
County of _________________________
I, a Notary Public of said County and State, do certify that _______________________________
appeared before me this day and knowledge the execution of the foregoing Agreement.
Witness my hand and seal or stamp this the _______ day of ______________________,
20______.
___________________________
Notary Signature
My Commission expires: ________________________________
This instrument has been preaudited in the manner required by the Local Government Budget
and Fiscal Control Act.
_______________________________
, Person County Finance Officer
(SEAL)
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AGENDA ABSTRACT
Meeting Date: June 3, 2024
Agenda Title: A Resolution Ratifying Changes to the Purchase and Sale Agreement for the
Human Services Building
Summary of Information: On April 15, 2024, the Board of Commissioners authorized the County
Attorney and County Manager to negotiate the final language of the Agreement and authorize the
County Manager to execute the final document.
The attached resolution highlights two minor changes that were made to the draft purchase and
sale agreement. Section 8.1 provides for a second option to extend the closing date by an additional
30 days and Section 16.8 includes a substantive change to terminology. Changes are noted in red.
The agreement was fully executed on May 20, 2024, and the Board is requested to ratify the final
language negotiated by the County Attorney and County Manager via resolution.
Recommended Action: Approve resolution.
Submitted By: Katherine M. Cathey, County Manager
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A RESOLUTION RATIFYING CHANGES TO THE PURCHASE AND SALE
AGREEMENT FOR THE PURCHASE OF THE PROPERTY LOCATED AT
355 S. MADISON BOULEVARD
WHEREAS, on April 15, 2024 the Person County Board of Commissioners authorized the
purchase of a portion of the shopping center located at 355 South Madison Boulevard in Roxboro.
This property currently houses the Person County Human Services Building;
WHEREAS, since April 15, 2024 the County staff and the Seller, Excel Realty Trust – NC,
have agreed to additional minor changes to the Purchase and Sale Agreement, including the
following:
Section 8.1: . . . provided, however, that if Subdivision Completion shall not have been
achieved by the date that is five (5) business days before the then-scheduled Closing Date, Seller
shall have a one-time right,two (2) options, each exercisable by delivering written notice to
Purchaser on or before the then-scheduled Closing Date, to adjourn the Closing Date by thirty (30)
days each, to provide additional time to achieve Subdivision Completion. . .
Section 16.8 Escrow Agent shall have no liability whatsoever arising out of or in
connection with its activity as escrow agent provided it does not act with gross negligence, fraud,
willful misconduct, in bad faith or in willful disregard of the terms of this Section 16, and Seller
and Purchaser jointly and severally agree to indemnify and hold harmless Escrow Agent from all
loss, cost, claim, damage, liability and expenses (including reasonable attorneys’ fees) which may
be incurred by reason of its acting as escrow agent unless caused by Escrow Agent’s gross
negligence, fraud, willful misconduct, bad faith or willful disregard of the terms of this Section
16;
WHEREAS, a copy of the fully executed Purchase and Sale Agreement, including these
changes, is attached hereto as Exhibit A; and
WHEREAS, the Person County Board of Commissioners acknowledges and approves of
these changes to the Purchase and Sale Agreement;
NOW THEREFORE, BE IT RESOLVED BY THE PERSON COUNTY BOARD OF
COMMISSIONERS THE FOLLOWING:
Section 1. The changes to the Purchase and Sale Agreement listed in this resolution
and any and all other minor, nonsubstantive changes, such as adjustments the effective date of the
agreement, that have been made since April 15, 2024 are hereby ratified and approved.
Section 2. This resolution shall become effective upon adoption.
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2
The foregoing resolution, having been submitted to a vote, received the following vote and
was duly adopted this 3rd day of June, 2024.
Ayes:
Noes:
Absent or Excused:
Gordon Powell, Chairman
Person County Board of Commissioners
Attest:
[SEAL]
Michele Solomon
Clerk to the Board
91
AGENDA ABSTRACT
Meeting Date: June 3, 2024
Agenda Title: 2025 Reappraisal update
Summary of Information: North Carolina General Statue 105-286.a(1) requires that counties
conduct a reappraisal at least every eight years. Due to changes in market values, Person County
has chosen to advance the reappraisal cycle to four years, as allowed North Carolina General Statue
105-286.a(3).
The 2025 Reappraisal will be conducted over a two-year period, with an effective date of January
1, 2025.
The Person County Tax Office would like to update the Board of Commissioner on our progress
and review the anticipated timeline for completion.
Recommended Action: Receive presentation.
Submitted By: Russell Jones, Tax Administrator
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2025 Reappraisal•State law requires that counties conduct a reappraisal at least every eight years. NCGS105-286.a(1)•More frequent reappraisals keeps all property types closer to 100% of market value to ensure each property is taxed fairly.•Personal property, such as vehicles, mobile homes and boats, is valued at 100% of market value every year.•Public utility companies are valued at 100% of market value every year.•But, real estate is valued at 100% of market value only in a reappraisal year.–(Four year reappraisals equalize and distribute the tax burden fairly across all three types of property more frequently.)93
2025 Reappraisal•State law allows counties to conduct a reappraisal more frequently than every eight years. NCGS 105-286.a(3)•Person County has been on a more frequent cycle, except for 2013 and 2021.1989 1993 1997 20012005 2013 2021 202594
Reappraisal for 2025Sales from Jan-Dec 2021100.49%98.61%100.71%84.85%92.00%90.32%92.58%93.55%87.87%96.61%84.98%81.73%0.00%20.00%40.00%60.00%80.00%100.00%120.00%RatioSales Ratio By MonthJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember95
Reappraisal for 2025Sales from Jan-Dec 202297.36%93.97%84.99%72.59%75.95%69.45%78.51%77.65%76.73%76.24%79.56%90.12%0.00%20.00%40.00%60.00%80.00%100.00%120.00%RatioSales Ratio By MonthJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember96
Reappraisal for 2025Sales from Jan-Dec 202379.04%71.70%72.90%72.25%86.34%72.45%70.98%85.77%74.57%77.16%77.59%74.00%0.00%10.00%20.00%30.00%40.00%50.00%60.00%70.00%80.00%90.00%100.00%RatioSales Ratio By MonthJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptemberOctoberNovemberDecember97
Reappraisal for 2025Sales by year 2021-202392.71%79.71%75.34%0.00%10.00%20.00%30.00%40.00%50.00%60.00%70.00%80.00%90.00%100.00%2021 2022 2023Sales Ratio By Year2021 2022 202398
2025 Reappraisal-why 4 years?•It eliminates potential revenue loss from public utility companies, which are allowed to appeal their values in the 1st, 4thand 7thyears following a revaluation. NCGS 105-284.•Without a 2025 reappraisal, the estimated revenue loss for 2025 would be $1,990,038. ($6,633,463 less 30%).•This loss would continue until a reappraisal was completed, or revisited on the 7thyear (2028).•This would amount to a tax increase of $.036 ($1,990,038/$552,650).99
Reappraisal-What determines value?•When a revaluation occurs, state law requires that the County appraise all real property, “at market value”. NCGS 105-283•Market value is the most probable price at which a property would change hands between a willing and financially able buyer and a willing seller, with neither being forced to buy or sell.•(Individuals who buy and sell real estate in the open market establish the market value. Market value is not set by the Person County Tax Office).100
Reappraisal-How we determine value?•Reappraisal is performed by our selected reappraisal firm, Pearson’s Appraisal Service, selected on July 17, 2023. •Reappraisal is a two-year long process, in which a large amount of objective data is collected to determine the market value of the property. •Staff used Pictometry photography to verify changes to improvements from aerial images, resulting in 1,600 parcel changes.•Pearson’s Appraisal Service is currently visiting all improved properties to gather photos and verify property improvement further.101
Developing Schedule of Values•Pearson’s Appraisal staff analyzes all data and sales to develop a proposed Schedule of Values to be considered by Person County Board of Commissioners.•What is a Schedule of Values?•A set of standards and rules specifically prepared by the reappraisal staff to be considered by the Board of Commissioners for the appraising of property. These standards and rules are really a large “appraisal manual” which assures that all property will be appraised in an accurate and consistent manner. •The Schedule of Values is created following the study of the County’s current real estate market. This schedule, once approved by the County Board of Commissioners, will be used to set the new property values.102
What next in the Reappraisal Process?•August 1, 2024Estimated completion of gathering street level photography.•August 1-October 31, 2024Completion of market analysis and development of Schedule of Values (SOV).•November 6, 2024Presentation of 2025 Schedule of Values (SOV) and call for Public Hearing.•December 2, 2024Public Hearing for Schedule of Values and adoption of SOV (must be adopted before December 31, 2024).103
What next in the Reappraisal Process?•January 15, 2025Target date for mailing of new valuation notices to property owners. (Notices will give instructions on how to appeal values.)•February 1-April 1, 2025Informal hearings before appraisers by property owners.•April, May and June 2025Board of Equalization and Review hearings. •Property owners have 30 days from the date the Board of Equalization and Review issues its decision to appeal to the North Carolina Property Tax Commission. If still not resolved, appeals may be made to the North Carolina Court of Appeals.104
AGENDA ABSTRACT
Meeting Date: June 3, 2024
Agenda Title: Hyco Lake Aquatic Vegetation Grant Technical Correction Request
Summary of Information:
In House Bill 259, Person County was awarded a special appropriation of $250,000 in nonrecurring
funds for the primary purpose of treating and removing native and noxious aquatic weeds in Hyco
Lake. Following many conversations and meetings between County staff, the Person Caswell Lake
Authority and other entities, it was determined that the most appropriate course of action would be to
submit a legislative technical correction to have the Person Caswell Lake Authority designated as the
recipient of the funds. The Person Caswell Lake Authority has a provided a letter of support
indicating that they are willing to accept financial and reporting responsibilities associated with the
grant.
Recommended Action:
Consider proposal and authorize County Manager to request a legislative technical correction to
reallocate funding and designate Person Caswell Lake Authority as the recipient of the grant.
Submitted By:
Brian D. Hart, Assistant County Manager
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AGENDA ABSTRACT
Meeting Date: June 3, 2024
Agenda Title: Memorandum of Understanding between NCDHHS and Person County for
FY25-FY26
Summary of Information: Assistant County Manager/Human Services Director Brian Hart and
Social Services Director Carlton Paylor will present an overview of the Memorandum of
Understanding (MOU) between The North Carolina Department of Health and Human Services and
Person County for FY25-FY26. North Carolina General Statute 108A-74 requires annual written
agreement to specify performance standards and administrative responsibilities. The MOU was first
designed and required in 2018 and identifies standards and responsibilities for many programs and
services administered by social services departments, including Work First, Food and Nutrition
Services and Child Support.
Recommended Action: Receive presentation and authorize County Manager and DSS Director to
sign and return FY25-FY26 MOU to the North Carolina Department of Health and Human Services.
Submitted By: Brian D. Hart, Assistant County Manager/Human Services Director
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MEMORANDUM OF UNDERSTANDING
(FISCAL YEAR 2024-25 and 2025-26)
BETWEEN
THE NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES
AND
PERSON COUNTY
A Written Agreement Pursuant to N.C. Gen. Stat. § 108A-74,
an Act of the North Carolina General Assembly
This Memorandum of Understanding (“MOU”) is made by and between the North Carolina
Department of Health and Human Services, (hereinafter referred to as the “Department”) and
Person County a political subdivision of the State of North Carolina (hereinafter referred to as
the “County”) to comply with the requirements of law, N.C. Gen. Stat. § 108A-74. The
Department and the County may be referred to herein individually as a “Party” and collectively as
the “Parties.”
TERMS OF UNDERSTANDING
In consideration of the mutual promises and agreements contained herein, as well as other good
and valuable consideration, the sufficiency of which is hereby acknowledged by the Parties, the
Parties agree to this MOU, effective July 1, 2024, in compliance with the mandates of law enacted
by the North Carolina General Assembly and in recognition of possible amendments by the
General Assembly, the Parties further agree to conform to changes made to the law,
notwithstanding a contractual term previously agreed upon.
1.0 Parties to the MOU
The only Parties to this MOU are the North Carolina Department of Health and Human Services
and Person County, a political subdivision of the State of North Carolina.
1.1 Relationships of the Parties
Nothing contained herein shall in any way alter or change the relationship of the parties as
defined under the laws of North Carolina. It is expressly understood and agreed that the
enforcement of the terms and conditions of this MOU, and all rights of action relating to such
enforcement, shall be strictly reserved to the Department and the County. Nothing contained in
this document shall give or allow any claim or right of action whatsoever by any other third person.
It is the express intention of the Department and County that any such person or entity, other than
the Department or the County, receiving services or benefits under this MOU shall be deemed an
incidental beneficiary only.
Subcontracting: The County shall be responsible for the performance of all of its subcontractors.
The County shall disclose the names of its subcontractors to the Department within thirty (30) days
of the execution thereof. The County shall also provide additional information concerning its
subcontractors as may be requested by the Department within thirty (30) days of the request. The
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County additionally agrees not to enter into any confidentiality agreement or provision with a
subcontractor or other agent to provide services related to this MOU that would prevent or frustrate
the disclosure of information to the Department. Subcontractors shall be defined under this MOU
to mean any party the County enters into a contractual relationship with for the complete
administration of one or more social services programs covered by this MOU. Temporary
employees hired by the County shall not be considered subcontractors under this MOU.
Assignment: No assignment of the County's obligations or the County's right to receive any
funding made in any way concerning the matters covered by this MOU hereunder shall be
permitted.
2.0 Terms of the MOU
The term of this MOU shall be for a period of two years beginning July 1, 2024 and ending
June 30, 2026.
2.1 Default and Modification
Default: In the event the County fails to satisfy the mandated performance requirements as set
forth in Attachment I or fails to otherwise comply with the terms of this MOU, the Department
may withhold State and/or federal funding. Any such withholding shall be in compliance with,
and as allowed by, state and/or federal law.
Performance Improvement: Prior to the Department exercising its authority to withhold State
and/or federal funding for a failure to satisfy the mandated performance requirements set forth in
Attachment I or failure to meet the terms of this MOU, the process for performance improvement
set forth in N.C. Gen. Stat. § 108A-74 will govern. Nothing contained in this MOU shall supersede
or limit the Secretary’s authority to take any action otherwise set forth in N.C. Gen. Stat. § 108A-74.
Waiver of Default: Waiver by the Department of any default or breach in compliance with the
terms of this MOU by the County shall not be deemed a waiver of any subsequent default or breach
and shall not be construed to be modification of the terms of this MOU unless stated to be such in
writing, signed by an authorized representative of the Department and the County and attached to
the MOU.
Force Majeure: Neither Party shall be deemed to be in default of its obligations hereunder if and
so long as it is prevented from performing such obligations by any act of war, hostile foreign
action, nuclear explosion, riot, strikes, civil insurrection, earthquake, hurricane, tornado, public
health emergency or other catastrophic natural event or act of God.
Modification: The terms and conditions of this MOU may only be modified by written agreement
of the Parties, signed by an authorized representative of the Parties.
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3.0 MOU Documents
The Recitals and the following attachments are incorporated herein by reference and are part of
this MOU:
(1) The portions hereof preceding the Terms of Understanding, including but not limited to the
introductory paragraph and the Recitals, which are contractual as well as explanatory.
(2) The Terms of Understanding
(3) Addendum A – Data Sharing Memorandum of Agreement
(4) Attachment I – Mandated Performance Requirements:
a. I-A: Energy Programs
b. I-B: Work First
c. I-C: Food and Nutrition Services
d. I-D: Child Welfare – Foster Care
e. I-E: Adult Protective Services
f. I-F: Special Assistance
g. I-G: Child Support Services
(5) Attachment II - Child Welfare - CFSR
4.0 Entire MOU
This MOU and any documents incorporated specifically by reference represent the entire
agreement between the Parties and supersede all prior oral or written statements or agreements
between the Parties.
5.0 Definitions
While “County” is used as an abbreviation above, the following definitions, some of which are
contained in N.C. Gen. Stat. § 108A-74(a), also apply to this MOU:
(1) "County department of social services" also means the consolidated human services
agency, whichever applies.
(2) "County director of social services" also means the human services director, whichever
applies.
(3) "County board of social services" also means the consolidated human services board,
whichever applies.
(4) "Child welfare services or program" means protective, foster care, and adoption
services related to juveniles alleged to be abused, neglected, or dependent as required
by Chapter 7B of the General Statutes.
(5) "Social services programs” or “Social services programs other than medical assistance"
means social services and public assistance programs established in Chapter 108A
other than the medical assistance program (Part 6 of Article 2 of Chapter 108A). This
includes, but is not limited to, child welfare programs, adult protective services,
guardianship services for adults, and programs of public assistance established in
Chapter 108A. It also includes the child support enforcement program, as established
in Article 9 of Chapter 110 of the General Statutes, and the North Carolina Subsidized
Child Care Program.
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To the extent that any term used herein is defined by a statute or rule applicable to the subject
matter of this MOU, the statutory or rule definition shall control. For all remaining terms, which
are not defined by statute or rule, those terms shall have their ordinary meaning. Should any further
definition be needed, the Parties agree that the meanings shall be those contained in the current
version (as of the time the dispute or question arises) of Black’s Law Dictionary, and if not defined
therein, then of a published unabridged modern American English Language Dictionary published
since the year 2000.
6.0 Audit Requirements
The County shall furnish to the State Auditor, upon his/her request, all books, records, and other
information that the State Auditor needs to fully account for the use and expenditure of state funds
in accordance with N.C.G.S. § 147-64.7. Additionally, as the State funding authority, the
Department of Health and Human Services shall have access to persons and records as a result of
all contracts or grants entered into by State agencies or political subdivisions.
7.0 Record Retention
The County shall retain records at its own expense in accordance with applicable State and Federal
laws, rules, and regulations. The County shall facilitate and monitor the compliance of its
subcontractors with all applicable requirements of record retention and disposition.
In order to protect documents and public records that may be the subject of Department litigation, the
Department shall notify the County of the need to place a litigation hold on those documents. The
Department will also notify the County of the release of the litigation hold. If there is no litigation hold
in place, the documents may be destroyed, disposed of, or otherwise purged through the biannual
Records Retention and Disposition Memorandum from the Department’s Controller’s Office.
8.0 Liabilities and Legal Obligations
Each party hereto agrees to be responsible for its own liabilities and that of its officers, employees,
agents or representatives arising out of this MOU. Nothing contained herein is intended to alter or
change the relationship of the Parties as defined under the laws of the State of North Carolina.
9.0 Confidentiality
Any medical records, personnel information or other items exempt from the NC Public Records
Act or otherwise protected by law from disclosure given to the Department or to the County under
this MOU shall be kept confidential and not divulged or made available to any individual or
organization except as otherwise provided by law. The Parties shall comply with all applicable
confidentiality laws and regulations, including but not limited to the Health Insurance Portability
and Accountability Act of 1996 (HIPAA), the administrative simplification rules codified at 45
Parts 160, 162, and 164, alcohol and drug abuse patient records laws codified at 42 U.S.C. §290dd-
2 and 42 CFR Part 2, and the Health Information Technology for Economics and Clinical Health
Act (HITECH Act) adopted as part of the American Recovery and Reinvestment Act of 2009
(Public Law 111-5).
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10.0 Secretary’s Authority Undiminished
Certain functions delegated to the County pursuant to this MOU are the duty and responsibility of
the Department as the grantee of federal grant funds. The Parties understand and agree that nothing
in this MOU shall be construed to diminish, lessen, limit, share, or divide the authority of the
Secretary of the Department to perform any of the duties assigned to the Department or its
Secretary by the North Carolina General Statutes, the terms and conditions of the federal funds
and their applicable laws and regulations or other federal laws and regulations regarding any
federal funding which is used by the Department to reimburse the County for any of its duties
under this MOU.
11.0 MOU does not Diminish Other Legal Obligations
Notwithstanding anything to the contrary contained herein and to facilitate the mandated
performance requirements of N.C. Gen. Stat. § 108A-74, the Parties acknowledge and agree that
this MOU is not intended to supersede or limit, and shall not supersede or limit, the County’s
obligations to comply with all applicable: 1) federal and state laws; 2) federal and state rules; and
3) policies, standards, and directions of the Department, as all such currently exist and may be
amended, enacted, or established hereafter.
12.0 Notice
The persons named below shall be the persons to whom notices provided for in this MOU shall be
given. Either Party may change the person to whom notice shall be given upon written notice to
the other Party. Any notice required under this MOU will only be effective if actually delivered to
the Parties named below. Delivery by hand, by first class mail, or by email are authorized methods
to send notices.
For the Department of Health and Human Services, Division of Social Services
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
Carla West, Division Director, Human Services
NCDHHS
2417 Mail Services Center
Raleigh, NC 27699-2001
Carla West
NCDHHS
Dorethea Dix Campus, McBryde Building
Phone: 919-855-4755
E-mail: carla.west@dhhs.nc.gov
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For Person County:
IF DELIVERED BY US POSTAL SERVICE IF DELIVERED BY ANY OTHER MEANS
13.0 Responsibilities of the Department
The Department hereby agrees that its responsibilities under this MOU are as follows:
(1) The Department shall develop performance requirements for each social services
program based upon standardized metrics utilizing reliable data. The performance
requirements are identified in Attachments I and II.
(2) The Department shall provide supervision, program monitoring and technical assistance to
the counties in the administration of social services programs.
(3) The Department shall provide leadership and coordination for developing strategies that
address system-level barriers to the effective delivery of social services programs,
including but not limited to: the Administrative Office of Courts, the LME/MCO,
Department of Public Instruction, and the Department of Public Safety.
(4) The Department shall have the following administrative responsibilities:
a. Staff Training and Workforce Development:
i. Develop training requirements for county personnel and provide guidance
for adequate staffing patterns related to the provision of social services
programs. The Department will publish annually, a list of required and
recommended trainings for county personnel directly involved in the
administration of social services programs covered under this MOU.
ii. Develop training curricula and provide, timely, adequate access to statewide
training opportunities for county personnel related to the provision of social
services programs. Training opportunities may include in-person, self-
guided, web-based and remotely facilitated programs.
iii. The Department will publish a training calendar, at least quarterly, notifying
the counties of training opportunities.
iv. Provide timely written guidance related to new federal or state statutes or
regulations. The Department will provide information thirty days in
advance of the effective date of new policy to the extent feasible or
practicable, including interpretations and clarifications of existing policy.
v. Provide technical assistance and training in areas where quality control,
monitoring or data indicates a lack of correct application of law, rule or policy.
b. Performance Monitoring:
i. Monitor and evaluate county compliance with applicable federal and state
laws, rules and policies.
ii. Provide feedback to counties with recommended changes when necessary.
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iii. Monitor that all financial resources related to the provision of social services
programs covered by this MOU are utilized by the county in compliance
with applicable federal and state laws.
c. Data Submission:
i. Maintain and review data submitted by counties pursuant to the mandatory
performance requirements.
ii. Provide counties with reliable data related to their performance
requirements as well as accuracy and timeliness of programs in accordance
with state and federal program guidelines. This includes but is not limited
to processing applications and recertification, quality control standards,
program statistics and fiscal information.
iii. The Department shall be responsible for the maintenance and functionality
of its information systems utilized in the statewide administration of social
services programs covered by this MOU.
d. Communication:
i. Provide counties with clarification or explanation of law, rule or policy
governing social services programs when necessary or as requested.
ii. Disseminate policy on social services programs and provide counties with
timely information on any updates to policy.
iii. Provide timely information to counties on any changes to federal law or
policy made known to the Department.
iv. Provide counties with a timely response to requests for technical assistance
or guidance.
v. Maintain all policies covering social services programs in a central,
accessible location. Policies will be updated, to the extent possible, in
advance of the effective date of any new policies or policy changes.
vi. Provide counties with an opportunity to submit questions, concerns and
feedback related to the administration of social services programs to the
Department and provide County a timely response to such communication.
vii. Communicate proactively with the County Director of Social Services on
matters that affect social services programs covered under this MOU.
Communication shall be timely, and alerts sent to counties to let them know
of the upcoming changes.
viii. Communicate directly with the County Manager, Governing Boards, and
the County Director of Social Services on matters including but not limited
to, corrective action, and significant changes to law, rule and policy that
impact the administration of social services programs covered by this MOU.
e. Inter-agency Coordination:
i. Provide guidance to counties in the event they are unable to reach a
resolution on a conflict of interest that arises related to the provision of
social services programs covered by this MOU.
ii. Provide guidance for county DSS personnel on federal and state
Emergency Management, mass shelter, Business Continuity Plan (BCP)
and Continuity of Operations Plan (COOP) requirements.
iii. Coordinate with and communicate to county DSS agencies regarding
available and required training opportunities associated with DSS Mass
Shelter, BCP and COOP responsibilities.
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iv. Assist and support counties as needed in implementation of operational
functions of mass shelter operations and as needed during other
emergencies as they arise.
(5) The Department shall timely meet all of its responsibilities contained in this MOU.
“Timely” shall be defined consistent with timeliness requirements set forth in relevant
statute, regulation, and policy. Where timeliness is not otherwise defined, “timely” shall
mean within a reasonable time under the circumstances.
14.0 Responsibilities of the County
The County hereby agrees that its responsibilities under this MOU are as follows:
(1) The County shall adhere to the mandated performance requirements for each social
services program as identified in Attachment I. The County will ultimately work toward
achievement of the Standard Measure for all performance requirements set forth in
Attachments I and II.
(2) The County shall comply with the following administrative responsibilities:
a. Staff Requirements and Workforce Development:
i. The personnel, including new hires and existing staff, involved in the
County’s provision of social services programs covered by this MOU shall
complete all required and necessary training, which is documented as
required by federal and state law and policy.
b. Compliance:
i. Perform activities related to its social services programs in compliance with
all applicable federal and State laws, rules, regulations and policies.
Nothing contained herein is intended to, nor has the effect of superseding
or replacing state law, rules or policy related to social services programs.
ii. Develop and implement internal controls over financial resources related to
the County’s social services programs to ensure that all financial resources
are used in compliance with applicable federal and state laws.
iii. Provide and adhere to corrective action plans as required based on
monitoring findings and the Single Audit.
c. Data Submission:
i. Maintain accurate, thorough records of all social services programs covered
by this MOU, in particular, records related to the mandated performance
requirements that can be accessed for the purpose of data collection, service
provision, monitoring or consultation.
ii. Ensure reliable data entry into state systems utilized for the administration
of social services programs covered under this MOU.
iii. Provide, upon request, data to the state for the purpose of, but not limited to,
conducting monitoring, case file reviews, error analysis and quality control.
iv. Utilize data to understand the performance of their county and to conduct
analysis and implement changes where needed if performance measures are
not being met.
d. Communication:
i. Respond and provide related action in a timely manner to all
communications received from the Department.
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ii. Provide timely information on all matters that have a potential negative
impact on the social services programs they administer, including but not
limited to, litigation risks (not including child welfare cases governed by
Chapter 7B or adult services cases governed by Chapter 35A or 108A),
network and computer issues, or data breaches.
iii. Provide timely information regarding temporary or permanent changes to
the Social Services Governing Board. or the County Social Services
Director, including retirements, separations, or any leaves of absence
greater than two calendar weeks.
e. Inter-agency Cooperation:
i. Ensure that county social services personnel complete required training
and are prepared to engage in Disaster Management, mass shelter, BCP
and COOP operations.
ii. Ensure that all plans and systems are in place to meet potential disaster
(natural, technical, otherwise) response requirements.
iii. Engage with DHHS, state Emergency Management and local leadership in
associated efforts.
iv. Assist or operate mass shelter operations or other required disaster
management responsibilities.
(3) The County shall timely meet all its responsibilities contained in this MOU. “Timely” shall
be defined consistent with timeliness requirements set forth in relevant statute, regulation,
policy or as otherwise required by the Department. If timeliness is not otherwise defined,
“timely” shall mean within a reasonable time under the circumstances.
15.0 Data Security and Reporting
Data Security: The County shall adopt and apply data privacy and security requirements to comply
with all applicable federal, state, department and local laws, regulations, and rules. The Parties hereby
adopt and incorporate the terms of the Data Sharing Agreement attached as Addendum A as if fully
set forth herein.
Duty to Report: The County shall report all privacy and security incidents related to the provision
of social services programs covered by the MOU to the Department and the Privacy and Security
Office within twenty-four (24) hours after the privacy and security incident is first discovered,
provided that the County shall report a breach involving Social Security Administration data or
Internal Revenue Service data within one (1) hour after the incident is first discovered. During the
performance of this MOU, the County is to notify the Department of any contact by the federal
Office for Civil Rights (OCR) received by the County related to the provision of social services
programs covered by the MOU. In case of a privacy and security incident, the County, including
any subcontractors or agents it retains, shall fully cooperate with the Department.
16.0 Miscellaneous
Choice of Law: The validity of this MOU and any of its terms or provisions, as well as the rights
and duties of the Parties to this MOU, are governed by the laws of North Carolina. The Parties, by
signing this MOU, agree and submit, solely for matters concerning this MOU, to the exclusive
jurisdiction of the courts of North Carolina and agrees, solely for such purpose, that the exclusive
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venue for any legal proceedings shall be Wake County, North Carolina. The place of this MOU
and all transactions and agreements relating to it, and their situs and forum, shall be Wake County,
North Carolina, where all matters, whether sounding in contract or tort, relating to the validity,
construction, interpretation, and enforcement shall be determined.
Amendment: This MOU may not be amended orally or by performance. Any amendment must
be made in written form and executed by duly authorized representatives of the Department and
the County. The Parties agree to obtain any necessary approvals, if any, for any amendment prior
to such amendment becoming effective. Also, the Parties agree that legislative changes to state
law shall amend this MOU by operation of law to the extent affected thereby.
Effective Date: This MOU shall become effective July 1, 2024 and shall continue in effect until
June 30, 2026.
Signature Warranty: Each individual signing below warrants that he or she is duly authorized
by the party to sign this MOU and to bind the party to the terms and conditions of this MOU.
Person County
BY:
Name
TITLE: County Manager
BY:
Name
TITLE: Director, Person County DSS
DATE: DATE:
North Carolina Department of Health and Human Services
BY:
Secretary, Department of Health and Human Services
DATE:
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ADDENDUM A: DATA SHARING MEMORANDUM OF AGREEMENT
Between
North Carolina Department of Health and Human Services
And
Person County Department of Social Services
This Data Sharing Memorandum of Agreement (MOA) between the North Carolina Department
of Health and Human Services (NC DHHS or Agency) and Person County (County) (and
collectively with Agency referred to as the Parties) establishes the agreement between the Parties
regarding the County’s access to, and use and disclosure of, all confidential data and information
provided by the Agency to the County, for purposes of administering North Carolina’s public
assistance and public service programs.
1. PURPOSE AND SCOPE
The purpose of this MOA is to identify certain roles and responsibilities of each party as it relates
to the sharing and use of all confidential data and information provided by the Agency to the
County in connection with the administration of North Carolina’s public assistance programs as
well as the County’s administration and performance of other public services delegated to it by
law (collectively referred to as NCDHHS Data). For purposes of this MOA, NCDHHS Data,
includes, but is not limited to:
a. Social Security Administration (SSA) data;
b. Federal Tax Information (FTI) as defined in the current IRS Publication 1075, Tax
Information Security Guidelines for Federal, State and Local Agencies (IRS Publication
1075);
c. protected health information as defined by 45 CFR 160.103;
d. personal information, as defined by the North Carolina Identity Theft Protect Act,
N.C.G.S. § 75-61(10);
e. identifying information, as defined by N.C.G.S. § 14-113.20(b); and
f. names or other information concerning persons applying for or receiving public assistance
or social services which are confidential pursuant to N.C.G.S. §108A- 80.
More specifically, the objectives of this MOA are to:
Manage the information technology process and systems pertaining to the NCDHHS Data
provided by the Agency to the County, and received by the County from the Agency, to
ensure compliance with all applicable federal and state laws, regulations, standards and
policies regarding the confidentiality, privacy and security of this NCDHHS Data.
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Enhance the County’s secure receipt, access to, and use of NCDHHS Data provided by the
Agency to the County.
Allow the County to access and utilize NCDHHS Data provided by the Agency for
purposes of administering North Carolina’s public assistance and public service programs.
2. BACKGROUND
The Agency administers and oversees a variety of public assistance and public service programs
for the State of North Carolina (collectively, Public Assistance Programs), including, but not
limited to, the following:
NC Medicaid Program
NC Health Choice for Children (North Carolina’s CHIP Program)
Temporary Assistance for Needy Families
Supplemental Nutrition Assistance Program
NC Food and Nutrition Services (North Carolina’s SNAP Program)
Work First (North Carolina’s Temporary Assistance for Needy Families program)
Women, Infants and Children (WIC)
Adult and Family Services
Child Support Services
Child Welfare Services
As part of its role pertaining to these Public Assistance Programs, the Agency receives, maintains,
and stores certain data pertaining to applicants for, and recipients participating in, the Public
Assistance Programs, which includes NCDHHS Data.
The County administers the daily operations of many of the Public Assistance Programs at the
local level, in accordance with State and Federal law, and policies and rules adopted by the Agency.
As part of its role pertaining to these Public Assistance Programs, the County accesses and utilizes
certain data pertaining to applicants for, or recipients participating in, the Public Assistance
Programs, which includes NCDHHS Data.
The Agency and the County agree to work cooperatively to ensure that NCDHHS Data is available
to the County for purposes of administering North Carolina’s Public Assistance Programs, and that
the County accesses and utilizes NCDHHS Data in accordance with applicable federal and state
laws, regulations, standards and policies governing confidentiality, privacy and security of the
NCDHHS Data and the terms of this MOA. The parties acknowledge and agree that this MOA is
intended to continue and renew and prior similar memorandum of agreement in place between the
Parties which was effective on or about October 14, 2016.
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3. AUTHORITY OF PARTIES
Each Party is an agency of the State of North Carolina and operating pursuant to its respective
statutory authority and obligations. This MOA is authorized under the provisions of N.C.G.S. §§
108A-25, 108A-54, and 153A-11 and Article 13 of Chapter 153A of the North Carolina General
Statutes, and the implementing recommendations or regulations of these laws, if any. For the
convenience of the Parties and avoidance of doubt, the Parties acknowledge and agree that NC
DHHS is the “Agency” as such term is used in IRS Publication 1075, and that the County is a
statutory agent but not a “contractor” or “agent” as such term is used in North Carolina statutory
or common law. The Agency acknowledges it is authorized to receive and use FTI pursuant to 26
U.S.C.
§ 6103.
4. PARTIES’ ROLES AND RESPONSIBILITIES
Pursuant and subject to this MOA, the Agency shall provide to the County NCDHHS Data
pertaining to the Public Assistance Programs, through access to the Agency’s information
technology systems utilized in conjunction with the Public Assistance Programs. These
information technology systems include, but are not limited to, the Agency’s current NC FAST
case management system (NC FAST), and the legacy information systems which preceded NC
FAST (collectively, NCDHHS Information Systems). The NCDHHS Information Systems are
secured via Agency access control mechanisms and related procedures, including, but not limited
to, Resource Access Control Facility (RACF), North Carolina Identification (NCID), and Web
Identity Role Management Portal (WIRM) (collectively, NCDHHS Access Controls).
All NCDHHS Data that the Agency provides to the County shall remain confidential and secure
at all times. Confidentiality and security of this NCDHHS Data will be maintained by the County
in accordance with all applicable federal and state laws, regulations, standards and policies
governing this NCDHHS Data and in accordance with the terms of this MOA. Only appropriately
authorized County employees and contractors whose job responsibilities require access to the
NCDHHS Data will be granted access to the NCDHHS Data, through the NCDHHS Information
Systems and NCDHHS Access Controls. Any data, records or other information shared through
this MOA are protected from unauthorized use and disclosure and shall be accessed and used by
the County solely for purposes of administering and operating the Public Assistance Programs.
NCDHHS agrees:
a. To provide NCDHHS Data to the County through access to the NCDHHS Information
Systems in strict accordance with the NCDHHS Access Controls and in accordance
with the terms of this MOA.
b. To allow the County to access and utilize the NCDHHS Data to administer and operate
the Public Assistance Programs.
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c. To allow appropriately authorized County employees and contractors whose job
responsibilities require access to the NCDHHS Data to access and utilize the NCDHHS
Data through access to the NCDHHS Information Systems, to the extent needed to
perform their job responsibilities.
d. To work cooperatively with the County regarding County employee and contractor
access to NCDHHS Data and NCDHHS Information Systems, and compliance with
this MOA and applicable law.
e. To be responsible for supervision of its own employees and contractors.
The County agrees:
a. To grant access to NCDHHS Data through access to the NCDHHS Information Systems
only to County employees and contractors authorized in strict accordance with the
NCDHHS Access Controls and in accordance with the terms of this MOA. The County
shall conduct background checks for individual employees prior to authorizing their
access to FTI.
b. To ensure the NCDHHS Data and NCDHHS Information Systems are accessed and
utilized only for the purposes authorized by law and under this MOA in conjunction
with the administration and operation of the Public Assistance Programs.
c. To grant access to the NCDHHS Data only to appropriately authorized County
employees and contractors whose job responsibilities require access to the NCDHHS
Data, and only for purposes of administering and operating the Public Assistance
Programs.
d. To ensure NCDHHS data is available only to persons authorized by law and this MOA
to access and use the NCDHHS Data.
e. To ensure NCDHHS Information Systems are accessed only by persons authorized by
law and this MOA to access the NCDHHS Information Systems.
f. To obtain prior written permission from NCDHHS for the disclosure of any NCDHHS
Data to any contractor. If NCDHHS approves disclosure of any NCDHHS Data to a
County contractor, the County shall ensure the contractor is provided a copy of this
MOA and signs a written agreement with the County acknowledging receipt of a copy
of this MOA and agreeing to comply with the terms of this MOA as it relates to the
contractor’s access to NCDHHS Data.
g. To obtain prior written permission from NCDHHS for granting access to any of the
NCDHHS Information Systems to any contractor. If NCDHHS approves access of a
contractor to any NCDHHS Information System, the County shall ensure the
contractor is provided a copy of this MOA and signs a written agreement with the
County acknowledging receipt of a copy of this MOA and agreeing to comply with the terms
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of this MOA as it relates to the contractor’s access to NCDHHS Information Systems.
h. To ensure that all information technology systems receiving, storing, processing, or
transmitting FTI meet the requirements in IRS Publication 1075, including the
requirements set forth in Exhibit 7 to IRS Publication 1075, a copy of which is available
at: https://www.irs.gov/pub/irs-pdf/p1075.pdf.
i. To maintain a current list of employees and contractors authorized to access and utilize
the NCDHHS Data provided by the Agency pursuant to this MOA, and to provide the
Agency a copy of that list upon written request by the Agency.
j. To submit, when requested by the Agency, a written certification that continuous
security monitoring has been performed in accordance with applicable requirements.
Additionally, the County will submit a written certification that all mainframe and
network device configurations supporting the County environment is compliant with
all applicable requirements. This certification will be provided to the Agency with
supporting evidence, such as a recent vulnerability scan.
k. At the Agency’s request, the County will work with the IRS, Social Security
Administration, or other federal agencies or their agents with respect to periodic
safeguard and security reviews. The County will support the resolution of the Agency’s
finding based on a written plan satisfactory to both Parties.
l. Upon notification from the IRS, Social Security Administration, other federal agencies,
or the Agency of changes to functional and security specifications, the County will
collaborate with the Agency to develop and implement plans to meet specified
requirements in accordance with guidance and direction provided by the IRS and/or the
Agency. The County will be responsible for costs arising from such modifications.
m. To provide annual access and disclosure awareness and incident reporting training to
its employees and any approved contractors that may have access to SSA data and/or
FTI data (only certain functions in support of Child Support Enforcement may allow
contractor access to FTI).
n. To work cooperatively with the Agency regarding County employee or contractor
access to NCDHHS Data and NCDHHS Information Systems, and compliance with
this MOA and applicable law.
o. To be responsible for supervision of its own employees and contractors.
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5. ACCESS CONTROL
The County shall be responsible for reviewing, approving, delegating and monitoring access by
County employees and any approved contractors to NCDHHS Data, in strict accordance with the
NCDHHS Access Controls applicable to the NCDHHS Information Systems involved and in
accordance with the terms of the MOA. In addition, the County will adhere to any written standard
or guidelines provided by the Agency regarding management and implementation of the NCDHHS
Access Controls, and access to the NCDHHS Information Systems, including, but not limited to,
the information systems access control policy in the current version of the North Carolina Statewide
Information Security Manual.
6. CONFIDENTIALITY AND SECURITY
The Agency and the County acknowledge and agree that the NCDHHS Data which the Agency
provides to the County shall be classified as, and shall remain, “NCDHHS Data” or “State Data”.
At no time will the NCDHHS Data provided by the Agency ever be classified as County data.
The County acknowledges and agrees that in accessing, receiving, utilizing or otherwise dealing
with the NCDHHS Data, it will safeguard and not use or disclose such NCDHHS Data except as
provided in this MOA. The County shall protect the confidentiality of the NCDHHS Data in
accordance with applicable federal and North Carolina laws, regulations, standards and guidelines,
including, but not limited to the following:
Privacy Act of 1974 (5 USC § 552a), as amended by the Computer Matching and Privacy
Protection Act of 1988;
IRS Publication 1075;
Medicaid, 42 U.S.C. § 1396(a)(a)(7), 42 CFR Part 431.300-307;
Temporary Assistance to Needy Families, 42 U.S.C. § 602 (a)(1)(A)(iv);
Supplemental Nutrition Assistance Program, 7 U.S.C. § 2020 (e)(8); 7
CFR Part 272.1(c);
Social Security Act, 42 U.S.C. § 1396(a)(a)(7);
Social Security Administration Disclosure, 20 CFR Part 401;
Child Support, 42 U.S.C. § 654(26);
Public Assistance Programs (Public Welfare), 45 CFR Part 205.50; and
U.S. Department of Labor Employment and Training Administration, 20 CFR Part 603;
Health Information Portability and Accountability Act and HIPAA Privacy Rule, 45 CFR
Part 160 and Subparts A and E of Part 164;
North Carolina law governing confidentiality of, and access to, public assistance program
data and records, including N.C. Gen. Stat. 108A-80 and implementing regulations; and
North Carolina Identify Theft Protection Act, N.C. Gen. Stat. 75-60 et seq. and 132-
1.10 and any implementing regulations.
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The County acknowledges and agrees that some of the data elements included within the
NCDHHS Data can be classified as “identifying information” within the meaning of
N.C.G.S. § 14-113.20(b). In addition, the combination of certain data elements could classify
the data elements as “personal information” within the meaning of N.C.G.S. § 75-61(10).
Since the Agency and the County are subject to the North Carolina Identity Theft Protect Act
requirements, N.C.G.S. § 132-1.10 and 75-65, the Agency and the County acknowledge and
understand that the unauthorized disclosure, misuse, or loss of these certain data elements
could subject the County and/or the Agency to security breach notification requirements.
The County shall safeguard and protect the security of the NCDHHS Data from loss, theft, or
inadvertent disclosure, in accordance with applicable federal and North Carolina laws,
regulations, standards and guidelines, and policies including, but not limited to the following:
Federal Information Security Management Act of 2002 (44 USC 3541 et seq.);
SSA’s “Electronic Information Exchange Security Requirements and Procedures for
State and Local Agencies Exchanging Electronic Information with the Social Security
Administration”
IRS Publication 1075;
Health Information Portability and Accountability Act and HIPAA Security Rule, 45
CFR Part 160 and Subparts A and C of Part 164; and
National Institute of Standards and Technology guidelines.
In accordance with applicable federal and North Carolina statutes, regulations, standards, and
policies, the County shall use appropriate physical and technological security safeguards to
prevent re-disclosure of NCDHHS Data, and to protect NCDHHS Data in paper and/or electronic
forms during transmission, storage or transport. The County shall use encryption during the data
transmission process and shall protect NCDHHS Data on portable computers and devices
through the use of applicable encryption and strong authentication procedures and other security
controls to make NCDHHS Data unusable and inaccessible by unauthorized individuals.
The County shall monitor County employees’ access to higher-risk NCDHHS Data elements such
as Social Security numbers, dates of birth, and FTI. The County shall terminate access privileges
to NCDHHS Data of County employees immediately when their employment has been terminated
or their job responsibilities no longer require access.
The County shall dispose of paper and equipment containing NCDHHS Data in a secure
manner in accordance with applicable law and information security NIST standards. At the
request of the Agency, the County shall provide documentation of proper disposal of NCDHHS
Data to NCDHHS.
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The County shall implement procedures for detecting, investigating, reporting and responding to
security incidents involving NCDHHS Data. The County shall implement an Incident
Management Plan which will be the source for how to handle incident management involving
NCDHHS Data, and the Incident Management Plan will be available to the Agency upon
request.
The County shall evaluate and report all losses, misuse, or unauthorized disclosure of NCDHHS
Data to the NCDHHS Privacy and Security Office without unreasonable delay. Any expenses
incurred as a result of the loss, misuse, or unauthorized disclosure of NCDHHS Data by the
County will be the responsibility of the County.
The County shall report any suspected or confirmed privacy or security breach or incident
involving the NCDHHS Data to the NCDHHS Office of Privacy and Security via electronic mail
and the Office’s website: http://www.ncdhhs.gov/about/administrative- divisions-offices/office-
privacy-security, within 24 hours after the suspected or confirmed breach is first discovered. The
County shall report any suspected or confirmed privacy or security breach involving Social
Security Administration or Federal Tax Information data to: (i) the NCDHHS Office of Privacy
and Security via the online incident reporting tool at the link above, or if after normal business
hours, (ii) the NCDHHS Chief Information Security Officer via the phone numbers listed at the
link above, IMMEDIATELY and within 60 minutes after the suspected or confirmed privacy or
security breach is first discovered. The County acknowledges and agrees that it must make
immediate reports of any suspected or confirmed breach involving SSA or FTI data in the
manner set forth above in order to enable the Agency to fulfill the Agency’s obligation to report
the suspected or confirmed breach to the SSA or IRS (as applicable) within one hour after it is
first discovered. The County will collaborate and cooperate with the Agency regarding
investigation, actions and potential remedies pertaining to any suspected or confirmed privacy
or security breach or incident involving NCDHHS Data.
If the County experiences a security breach involving NCDHHS Data, the County will be
responsible for providing notification to all affected persons. The County will collaborate and
cooperate with the NCDHHS Office of Privacy and Security regarding the content and timing of
notification prior to providing the notification. Any and all expenses incurred as a result of any
suspected or confirmed security breach involving NCDHHS Data will be the responsibility of
the County.
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Pyreddy Reddy
Chief Information Security officer
N.C. DHHS Privacy and Security Office 695
Palmer Drive
Raleigh, NC 27605
Phone: (919) 855-3090
Fax: (919) 733-1524
Email: pyreddy.reddy@dhhs.nc.gov
7. CONTACTS
The Parties mutually agree that the following named individuals will be designated as points of
contact for the MOA on behalf of the Agency and the County:
For NCDHHS:
For Person County:
The Parties agree that if there is a change regarding the information in this section, the party
making the change will notify the other party in writing of such change.
8. LIABILITY AND INDEMNIFICATION
Nothing herein shall be construed as a waiver of the sovereign immunity of the State of North
Carolina or the assumption by the State of any liability contrary to the laws and statutes of North
Carolina. Each Party shall be responsible for its own liabilities and neither Party shall seek
indemnification from the other.
This MOA shall inure to the benefit of and be binding upon the Parties hereto and their respective
successors in the event of governmental reorganization pursuant to N.C.G.S.
§ 143A-6 or other authority.
Carlton Paylor
Social Services Director
355B South Madison Boulevard
PO Box 770
Roxboro, NC 27573
Phone Number: 336-503-1131
Fax Number: 336-599-3974
Email: cpaylor@personcountync.gov
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9. MONITORING AND AUDITING
The IRS, SSA, any other federal agency or the Agency, with advance notice, shall have the right
to send its officers and employees into the offices and facilities of the County for inspection of the
County’s facilities to ensure that adequate safeguards and security measures have been maintained
as required by this MOA. Key areas to be inspected include record keeping, secure storage, limited
access, disposal, and computer security systems such as those described in IRS Publication 1075.
The County and the Agency will work together to correct any deficiencies identified during any
internal inspection. The Agency may opt to utilize the County representatives for compliance
validation.
The State Auditor shall have access to persons and records as a result of all contracts or grants
entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7
and other applicable laws or regulations.
The NC DHHS Privacy and Security Office will conduct privacy and security assessments based on
NIST Standards, Federal, State and DHHS Privacy and security requirements,
10. DURATION OF AGREEMENT AND MODIFICATION
This MOA is effective on January 1, 2024, and shall continue for an initial term of 18 months
following the effective date, through and including June 30, 2026, after which it will be renewed
automatically for up to two additional one-year terms, unless either party provides prior written
notice to the other party of its intent not to renew the MOA within 90 days prior to the end of the
current term.
The Parties shall review this MOA as deemed necessary by the Agency, or upon the written request
of either the Agency or the County to the other party, or whenever a State or Federal statute is
enacted, that material affects the substance of this MOA, in order to determine whether it should
be revised or renewed, as applicable.
Notwithstanding all other provisions of this MOA, the Parties agree that this MOA may be amended
at any time by written mutual consent of both Parties.
11. GOVERNING LAW
The validity of this MOA and any of its terms or provisions, as well as the rights and duties of the
parties to this MOA, are governed by the laws of North Carolina. The place of this MOA and all
transactions and agreements relating to it, and their situs and forum, shall be Wake County, North
Carolina, where all matters, whether sounding in contract or tort, relating to the validity,
construction, interpretation, and enforcement shall be determined.
12. OTHER PROVISIONS/SEVERABILITY
Nothing in this MOA is intended to conflict with current federal or state laws or regulations, or
any governing policies of the County or the Agency. If any term of this MOA is found by any
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court or other legal authority, or is agreed by the Parties to be in conflict with any law or
regulation governing its subject, the conflicting term shall be considered null and void. The
remaining terms and conditions of this MOA shall remain in full force and effect.
13. ENTIRE AGREEMENT
This MOA and any amendments hereto and any documents incorporated specifically by
reference represent the entire agreement between the Parties and supersede all prior oral and
written statements or agreements.
14. TERMINATION
The Parties may terminate this MOA at any time upon mutual written agreement. In addition,
either party may terminate this MOA upon 90 days’ advance written notice to the other party.
Such unilateral termination will be effective 90 days after the date of the notice or at a later date
specified in the notice. In the event this MOA is terminated unilaterally by the County, the
Agency will suspend the flow of NCDHHS Data to the County until a superseding written
agreement is executed by the Parties.
The Agency may immediately and unilaterally suspend the flow of NCDHHS Data to the
County under this MOA, or terminate this MOA, if the Agency, in its sole discretion, determines
that the County (including its employees, contractors and agents) has: (i) made an unauthorized
use or disclosure of NCDHHS Data; (ii) provided unauthorized access to NCDHHS Information
Systems; or (iii) violated or failed to follow the terms and conditions of this MOA.
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PERSON COUNTY SOCIAL SERVICES MOU OVERVIEWPerson County MOUJune 3, 20241129
2017 GENERAL ASSEMBLY REQUIRES ANNUAL MOUEnacted Ryan’s law (H 630) to address child welfare inadequacies as identified in federal and state child welfare system reviewsRequires annual written agreement to specify performance and administrative responsibilities (N.C.Gen.Stat.§108A‐74)Failure to perform to MOU specifications can result in withholding of federal and state fundsPerformance requirements set forth were to be based upon standardized metrics using reliable dataSets process for corrective action plans and state assumption of programsMedicaid performance and county penalties set in other statutory provisionsRequires NC‐DHHS to establish seven regional offices to provide direct oversight and support of county officesEnables counties to create and join regional departments of social services similar in structure to regional health departmentsJune 3, 20242Person County MOU130
MOU TEMPLATE DEVELOPMENT AND EVOLUTIONOriginal Design:NC‐DHHS designed first Memorandum of Understanding (MOU) in 2018‐2019DHHS collaborated with NC Association of County Commissioners, NC Association of County Directors of Social Services, and each county DSS director to develop template agreementChanges that are to be happening over time:Movement away from county "corrective action" to county "capacity‐building"Increases focus on encouraging county‐level “development plans” that analyze and solve problems through deliberate use of evidenceJune 3, 20243Person County MOU131
PROGRAMS IDENTIFIED IN THE MOUEnergy ProgramsWork FirstFood and Nutrition ServicesChild Welfare ‐Foster CareAdult Protective ServicesSpecial AssistanceChild Support ServicesJune 3, 20244Person County MOU132
MOU REQUIREMENTS: PERFORMANCE MEASURESEstablishes performance measures by program areaBased largely on adherence to timeliness measures for processing, e.g., 95% of Work First applications processed within 45 daysSets some measures on procedures and processes, e.g. 95% of children experiencing foster care have face to face contact with social worker each monthSets some measures individually to county performance in prior year, e.g. CPS reports screened in for assessment/investigationGenerally, requires monthly reporting of each performance measure June 3, 20245Person County MOU133
FOOD & NUTRITION EXAMPLE (SOURCE: NORTH CAROLINA SOCIAL SERVICES SYSTEM TRANSPARENCY AND WELLNESS DASHBOARD)June 3, 20246Expedited ApplicationsTarget: 95% processed for benefits within 7 daysRegular ApplicationsTarget: 95% processed for benefits within 30 daysPerson County MOU134
June 3, 20247Child Support Example(Source: North Carolina Social Services System Transparency and Wellness Dashboard)Meeting Federal minimum standardsPerson County MOU135
WORK FIRST EXAMPLE(SOURCE: NORTH CAROLINA SOCIAL SERVICES SYSTEM TRANSPARENCY AND WELLNESS DASHBOARD)June 3, 20248ApplicationsTarget: 95% processed within 45 daysRecertificationsTarget: 95% processed no later than last day of periodPerson County MOU136
MOU REQUIREMENTS: ADMINISTRATIVE RESPONSIBILITIESStaff Requirements and Workforce Development:New and existing staff complete required and necessary trainingCompliance:Perform activities in compliance with applicable federal and State laws, rules, regulations and policies Develop and implement internal controls over financial resources to ensure resources used comply with applicable federal and state lawsProvide and adhere to corrective action plans as required based on monitoring findings and Single AuditJune 3, 20249Person County MOU137
MOU REQUIREMENTS: ADMINISTRATIVE RESPONSIBILITIESCommunication:Respond and provide related action in timely manner to NC‐DHHSProvide timely information on potentially negative impacts including litigation risks, network and computer issues, or data breachesProvide timely information regarding changes to Social Services Governing Board, or County Social Services Director, including retirements, separations, or any leaves of absence > 2 weeksJune 3, 202410Person County MOU138
MOU REQUIREMENTS: ADMINISTRATIVE RESPONSIBILITIESInter‐agency Cooperation:Ensure personnel complete required training and are prepared to engage in Disaster Management, mass shelter, BCP and COOP operationsEnsure that all plans and systems are in place to meet potential disaster (natural, technical, otherwise) response requirementsEngage with DHHS, state Emergency Management and local leadership in associated effortsAssist or operate mass shelter operations or other required disaster management responsibilitiesJune 3, 202411Person County MOU139
MOU REQUIREMENTS: ADMINISTRATIVE RESPONSIBILITIESData Submission:Maintain accurate, thorough records particularly those to report on performance requirements Ensure reliable data entry into state systems Provide data for purposes of monitoring, case file reviews, error analysis and quality controlUse data to understand county performance and to conduct analysis and implement changes where needed if performance measures not metJune 3, 202412Person County MOU140
COUNTY MEDICAID PERFORMANCE?2017 State Budget special provisions impact county Medicaid administration (S 257)Reassigns Medicaid eligibility administration to NC‐DHHSCan be delegated (and is) to countiesEnacts Part 11. Medicaid Eligibility Determinations Accuracy and Quality Assurance (NCGS 108A 70.36 –70.51)Requires state to establish eligibility accuracy standards & audit complianceState to assume county admin functions, directing county dollars & county staff if county fails to performRequires counties to be financially responsible for county worker eligibility errors (NCGS 108A‐25.1A)Repays state & federal dollars June 3, 202413Person County MOU141
REPORTING BACK TO GENERAL ASSEMBLY ON COUNTY MOU COMPLIANCERyan’s Law requires annual MOU compliance reporting to legislatureNC‐DHHS to submit annual report to Joint Legislative Oversight Committee on Health and Human Services by August 1 of each yearReport must includeCopy of template for written agreement Evaluation of implementing written agreementSummary of any NC‐DHHS oversight action, including any federal or state funds withheld June 3, 202414Person County MOU142
PERSON COUNTY MOUPerson County CHSB MOUJune 3, 202415143
June 3, 202416MOU COVER LETTER Person County MOU144
June 3, 202417ADDENDUM A: DATASHARING MOUINTRODUCTIONSIGNATURE PAGEPerson County MOU145
AGENDA ABSTRACT
Meeting Date: June 3, 2024
Agenda Title: Letter of Support for Duke Energy’s Application to Construct a Combined-Cycle
Plant at the Roxboro Site
Summary of Information: On February 5, 2024, the Person County Board of Commissioners
adopted a Resolution of Support for Duke Energy in Person County. The resolution confirms the
Board’s support of Duke Energy’s plans to construct two new combined-cycle plants at the Roxboro
Plant and to continue exploring other innovative solutions for generating clean and reliable power in
Person County, making the most of the existing energy infrastructure.
The attached Letter of Support, dated June 3, 2024, affirms the reasons for Person County’s interest
in an ongoing partnership with Duke Energy, a welcomed and valued member of our community, as
well as the Board of Commissioner’s support for Duke Energy and North Carolina Electric
Membership Corporation’s application for a certificate of public convenience and necessity (CPCN)
to construct a 1,360 MW natural gas-fueled combined cycle electric generating facility at the site of
Duke Energy’s existing Roxboro Plant.
Recommended Action: Authorize the Chairman to sign the Letter of Support.
Submitted By: Katherine M. Cathey, County Manager
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PERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
304 South Morgan Street, Room 212
Roxboro, NC 27573-5245
336-597-1720
Fax 336-599-1609
June 3, 2024
North Carolina Utilities Commission
4325 Mail Service Center
Raleigh, NC 27699-4300
Via: Electronic filing system
Dear Commissioners,
The Person County Board of Commissioners confirms its support for Duke Energy and North
Carolina Electric Membership Corporation’s application for a certificate of public convenience
and necessity (CPCN) to construct a 1,360 MW natural gas-fueled combined cycle electric
generating facility at the site of Duke Energy’s existing Roxboro Plant in Person County (Docket
Number E-2, Sub 1318).
Duke Energy has been a strong and consistent presence in our community since operations at the
Roxboro Plant began in 1966 followed by the Mayo Plant in 1983. Both plants generate enough
power to meet nearly 12% or more of North Carolina’s energy needs in peak periods, and Person
County is proud of our key role in keeping the lights on throughout the state.
Person County’s economy is supported by Duke Energy’s investments in infrastructure and jobs.
Decommissioning of the coal plants without siting replacement generation in our community
would be a hard hit to the services provided by county government, which are funded in large part
by Duke Energy’s tax contributions. In addition, the Duke Energy Foundation and Duke Energy
employees support many vital organizations through their time and financial resources. Our
community benefits greatly from their civic engagement.
The county’s leaders and workforce are ready to take on the challenge of transitioning from coal-
fired plants to natural gas generation, a clean alternative bridge fuel important to the state’s
energy transition. North Carolina’s energy needs are ever-increasing due to the state’s high
growth rate, and Person County is ready to help transform the existing plant sites and implement
North Carolina’s plan for cleaner energy generation. We strongly support your approval of the
CPNC application for Person County.
Sincerely,
Gordon Powell, Chairman
Enclosure: Resolution of Support for Duke Energy in Person County
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