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06-06-2022 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 6, 2022 7:00pm This meeting will convene in the County Office Building Auditorium. CALL TO ORDER………………………………………………….. Chairman Powell INVOCATION PLEDGE OF ALLEGIANCE DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA PUBLIC HEARING: ITEM #1 (pg. 3) FY2022-2023 Recommended Budget ………………………………. 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. 1 ITEM #2 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA A.Approval of Minutes of April 18, 2022 (pgs. 4-21),B.Approval of Minutes of May 2, 2022 (pgs. 22-57),C.Approval of Minutes of May 3, 2022 (pgs. 58-60),D.Budget Amendment #20 (pgs. 61-62),E.Home and Community Care Block Grant for Older Adults Agreement for the Provision of County-Based Aging Services with the Kerr Tar Council of Governments (pgs. 63-71),F.Home and Community Care Block Grant Funding 2022-2023, (pgs. 72-75), andG.Health Department Family Planning Program Fee Request (pg. 76) OLD BUSINESS: ITEM #3 Commissioner Representative for both the UDO Committee and Juvenile Crime Prevention Council ………………………………… Chairman Powell NEW BUSINESS: ITEM #4 (pgs. 77-81) Contract for Interim County Manager …………………………….. Chairman Powell ITEM #5 (pg. 82) Child Advocacy Center for Person County ………………………... Chairman Powell CHAIRMAN’S REPORT MANAGER’S REPORT COMMISSIONER REPORTS/COMMENTS RECESS meeting to June 7, 2022 at 2:00pm in the Commissioners’ boardroom 215 Note: All Items on the Agenda are for Discussion and Action as deemed appropriate by the Board. 2 NOTICE OF BUDGET PUBLIC HEARING PERSON COUNTY BOARD OF COMMISSIONERS Official notice is hereby given that the Fiscal Year 2022-2023 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 6, 2022, at 7:00 p.m. The Budget Public Hearing will be held in the Auditorium in the Person County Office Building, 304 S. Morgan Street, Roxboro, NC and citizens will have an opportunity to address the Board of Commissioners concerning the recommended budget. Brenda B. Reaves, MMC, NCMCC Clerk to the Board 3 April 18, 2022 1 PERSON COUNTY BOARD OF COMMISSIONERS APRIL 18, 2022 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Heidi York, County Manager C. Derrick Sims Brenda B. Reaves, Clerk to the Board Kyle W. Puryear S.Ellis Hankins, County Attorney Charlie Palmer Patricia Gentry The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, April 18, 2022 at 9:00am in the Person County Office Building Auditorium. Chairman Powell called the meeting to order. Vice Chairman Sims offered an invocation and Commissioner Puryear 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. INFORMAL COMMENTS: The following individuals appeared before the Board to make informal comments: Mr. Andy Perrigo of 500 Moss Creek Drive, Roxboro made informal comments about the Emergency Management Ordinance procedures that allowed a local declaration of emergency with an amendment that stretched two years providing bridge loans. Mr. Perrigo advocated for a review to be in place when under an emergency declaration every 30-days or have a sunset date to further increase government transparency and trust. Mr. John Seepe of 277 Barefoot Landing Lane, Semora prefaced his comments that he would submit a public records request by the end of the day if he did not get answers to his questions. Mr. Seepe questioned the Board on the scope to which Ms. Peg Carlson, a facilitator, with the UNC School of Government, who was commissioned to meet individually or in small groups with commissioners in January. He asked if there was a contract with Ms. Carlson and if so, how much was it. 4 April 18, 2022 2 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Puryear and carried 5-0 to approve the Consent Agenda with the following items: A. Approval of Minutes of April 4, 2022, B. Budget Amendment #17, C. Review and Adoption of Person Area Transportation System (PATS) Drug and Alcohol Testing Policy and Title VI Program Plan, D. Tax Adjustments for April 2022, and a. Tax Releases b. NC Vehicle Tax System pending refunds E. Request to Authorize County Manager to Enter into Contract with the Timmons Group for Geotechnical Services for $12,000 UNFINISHED BUSINESS: COMPREHENSIVE BACKUP SOLUTION AND SECURITY APPLIANCE: IT Director, Chris Puryear stated Person County has completed the public notice requirements of General Statute 143-129(g) to utilize the piggyback procurement method to purchase a comprehensive backup solution and security appliance, Rubrik, from Tego Data under General Services Administration (GSA) Contract # GS-35F-303DA. Mr. Puryear said information regarding this purchase was presented to the Board at its April 4, 2022 meeting. Mr. Puryear asked the Board to authorize the County Manager to sign and execute any documents required for the purchase of the comprehensive backup solution and security appliance. A motion was made by Commissioner Palmer and carried 5-0 for approval and to authorize the County Manager to sign and execute any documents required for the purchase of the comprehensive backup solution and security appliance. 5 April 18, 2022 3 6 April 18, 2022 4 RECOMMENDED CAPITAL IMPROVEMENT PLAN FOR FISCAL YEARS 2023-2027: County Manager, Heidi York presented the Recommended Capital Improvement Plan (CIP) for Fiscal Years 2023-2027 that was introduced to the Board at its April 4, 2022 meeting for further discussion, adjustments and adoption. Ms. York noted the adoption of this CIP would allocate funding for the priority projects for the County, Person County Schools, and Piedmont Community College for FY 2022-2023. The document also sets the priorities of projects for future fiscal years, although funding is only appropriated on an annual basis and the plan is reviewed annually. Ms. York said the total amount proposed for funding in Fiscal Year 2023 is $6,078,133, and of this amount, $3.3M was recommended from the County’s General Fund. Ms. York brought to the Board’s attention $120,000 that was appropriated in the upcoming fiscal year to up-fit the Person County Office Building auditorium for use as the Board’s dedicated meeting room noting the funds were to invest in improving the acoustics by lowering the ceiling, installing a quiet air conditioning/heat pump system, install cameras, hard-wired microphones, sound equipment, build a bench and add new, more comfortable chairs, with all to be managed in-house. Ms. York stated the Board could leave in and review making changes at any time. It was the consensus of the Board to leave the item in the CIP. A motion was made by Vice Chairman Sims and carried 5-0 to adopt the Capital Improvement Plan for Fiscal Years 2023-2027, as presented, allocating $6,078,133 funding in Fiscal Year 2023 budget. By reference, the adopted Capital Improvement Plan for Fiscal Years 2023-2027 has hereby incorporated into the minutes by reference. 7 April 18, 2022 5 NEW BUSINESS: VAYA HEALTH OVERVIEW AND PRESENTATION: Mr. Elliot Clark, Regional Community Relations Director with Vaya Health stated he wanted to review the governing structure of Vaya Health with the Board, provide county specific data and progress, and outline current concerns around NC DHHS Child and Family Specialty Plan. Mr. Clark said Person County had transitioned to Vaya Health, a local management care organization (MCO) since January. Mr. Clark noted he would like to come before the Board each quarter with a report noting this was the first of such reports to be shared through the following presentation. He added that Vaya Health had concerns regarding the state’s Child & Family Specialty Plan to which he would be asking the Board to entertain endorsement of a Letter of Support to DHHS to delay issuance of an RFP and to consider a model that aligns with regional plan for each region LME/MCO. Mr. Clark said his region included Person, Franklin, Granville and Vance counties. In addition he recognized Chairman Powell and Ms. Janet Clayton, Person County Health Director as members of the Region 4 board as well as Ms. Benita Purcell, present in the audience, as a member of the Child and Family Advisory Council (CFAC). 8 April 18, 2022 6 9 April 18, 2022 7 10 April 18, 2022 8 11 April 18, 2022 9 Mr. Clark said since January, in Person County, Vaya Health has entered 70 adults into its complex care management program; those 70 adults are primarily individuals living with severe and persistent mental illness with the frequency of contact totaling 189 within the first 90 days was substantial. In addition, Vaya Health, in Person County, has 14 children receiving complex care management with 56 contacts, which is the population that requires the most attention. Mr. Clark stated at-risk youth are engaged with the school system, DSS, law enforcement, juvenile justice for organized services. He stated the next quarter update could be summarized by service i.e., emergency department, in-patient psychiatric hospitalization or basic outpatient. Mr. Clark noted a 70% increase in emergency department utilization at Person Memorial from last year and a 50% reduction in some of the crisis services through Vaya Health’s network development plan for diversion services. Mr. Clark further noted staffing issues have affected services as well. Mr. Clark informed the group that the Vaya team has identified a provider, Freedom House, to expand access for comprehensive care (walk-in) center to improve service delivery. He said Vaya committed to hiring a full-time embedded care manager at the DSS office. Mr. Clark stated a single point assessment is completed and operational in Person County primarily for youth. Commissioner Gentry asked how successful are the mobile crisis management centers to which Mr. Clark noted a reduction by 20-30% of implementation and directing such to be embed with the comprehensive care center for an array of services. He provided a card for access to Care Line 24/7 for treatment information, crisis assistance and mobile crisis team connection for a risk assessment. Mr. Clark said Vaya Health would like to roll out in Person County, a co-responder model that puts somebody with law enforcement very quickly. 12 April 18, 2022 10 Mr. Clark said the proposed statewide tailored plan would be effective December 2022 and highlighted the following points of concern: 13 April 18, 2022 11 Mr. Clark said there were strengths in the proposed plan as well. 14 April 18, 2022 12 15 April 18, 2022 13 Mr. Clark asked the Board to consider its position to send along a letter of support to NC DHHS for a delay of the issuance of the RFP as described in the February 18, 2022 policy paper and to consider a model that allows regional plans to align with the LME/MCO regions. Chairman Powell stated the great need in Person County for immediate response time and urgent care centers. He stated he was not in favor of a statewide plan and was in favor of a letter of support from the Person County Board to the NC DHHS Secretary to delay the process to implement a statewide plan. Fellow commissioners agreed with Chairman Powell. A motion was made by Commissioner Puryear and carried 5-0 to endorse a Letter of Support to NC DHHS Secretary requesting to delay issuance of the RFP as described in the February 18, 2022 policy paper and to consider a model that allows regional plans to align with the LME/MCO regions. INTERIM COUNTY MANAGER PLACEMENT THROUGH THE ASSISTANCE OF THE NC ASSOCIATION OF COUNTY COMMISSIONERS: Chairman Powell introduced Mr. Kevin Leonard, Executive Director of the NC Association of County Commissioners. The NC Association of County Commissioners is available to assist boards of commissioners through the transition of hiring a county manager. Chairman Powell asked Mr. Leonard to speak to the Board about the process of appointing an interim manager and answer any questions that the Board may have. Mr. Leonard introduced Mr. Neil Emory who is a retired county manager with 30 years of service that has been with the Association for 16 years as an Outreach Associate. Mr. Emory said they are in contact with former county managers and can assist with collecting resumes and contacting individuals for interest and availability to send along as potential candidates. Mr. Emory asked the Board to be flexible with a retired manager for his/her schedule as they are limited to 1,000 hours; he asked the Board to evaluate how much time would an interim be needed. County Manager, Heidi York recommended the Board to schedule the needed start date at her departure date. Mr. Leonard said they would send recommended names with resumes to Chairman Powell. County Attorney, Ellis Hankins stated the Board could interview any such candidates for their qualifications in closed session. Mr. Leonard thanked the commissioners for their public service. 16 April 18, 2022 14 REQUEST TO ADOPT A RESOLUTION FOR GRANT FUNDING AND TO AUTHORIZE COUNTY STAFF TO SUPPORT THE WESTERN SEWER PROJECT: Mr. Brooks Lockhart, City of Roxboro City Manager stated the leadership with Person County and the City of Roxboro, through each governing body was uniquely positioned to both apply for grants funding to support the Western Sewer Project. Both the County and the Economic Development Commission have expressed understanding for the need to see the City of Roxboro’s Western Sewer Project completed for future growth in the City as well as western and southern Person County. As the costs for the project are greater than funding sources that have been identified by the City, a request is being made to have Person County apply for infrastructure funds available through NCDEQ – Division of Water Infrastructure grants for up to $15M per unit of local government. The City will likewise apply, as eligible. Funding options may include 100% grant funds, combination of grant and loan, or loan. County Manager, Heidi York sated the County would apply for the grant funds, and if awarded, the City would manage the project. In addition, Ms. York said there was $1M appropriated in the adopted Capital Improvement Plan for the Western Sewer Project as an additional funding source. Mr. Lockhart requested the Board of Commissioners to adopt a Resolution to comply with actions necessary for grant award through NCDEQ, Division of Water Infrastructure, and to authorize county staff to work with the City of Roxboro to support the Western Sewer Expansion Project. A motion was made by Commissioner Gentry and carried 5-0 to adopt a Resolution for Grant Funding through NCDEQ, Division of Water Infrastructure, and to authorize County Staff to work with the City of Roxboro to support the Western Sewer Expansion Project. 17 April 18, 2022 15 18 April 18, 2022 16 19 April 18, 2022 17 NC BEAVER MANAGEMENT ASSISTANCE PROGRAM: Ms. Nancy McCormick, Soil & Water Manager on behalf of the Person Soil & Water Conservation District and the Person County Soil & Water Department stated the North Carolina Beaver Management Assistance Program (BMAP) is designed to help manage problems caused by beaver on private and public lands. Due to practical and ecological considerations, the program’s goal is to address specific beaver damage problems rather than to eliminate beaver from North Carolina. BMAP-related beaver removals account for about 17% of total known annual beaver harvest (including regulated trapping and damage-related removals), and about 0.5% of the total beaver population annually. BMAP service providers use an integrated approach, in which a combination of methods (some lethal, some non-lethal) may be used or recommended to reduce beaver damage. The program places first priority on issues that threaten public health and safety, and secondly on assistance to landholders experiencing beaver damage. Ms. McCormick said the BMAP will be implemented by USDA Wildlife Services (Wildlife Services) through cooperative service agreements with the NC Wildlife Resources Commission (NCWRC), the NC Department of Transportation (NCDOT) and Person County. Landholders gain access to assistance at a reduced cost-share rate or may receive free training on beaver management techniques if they are willing to perform the work themselves. Ms. McCormick stated the cost for Person County to participate in the BMAP is $6,000; she requested the Board to approve funds of $6,000 and designate the Person Soil & Water Conservation District office to act as liaison. A motion was made by Vice Chairman Sims and carried 5-0 to appropriate $6,000 in the Soil & Water departmental budget for the Beaver Management Assistance Program in the upcoming fiscal year as well as to designate the Person Soil & Water Conservation District office to act as liaison, as presented. 20 April 18, 2022 18 CHAIRMAN’S REPORT: Chairman Powell asked the County Manager if any of the opioid settlement funding that will come to Person County could be used for a diversion center to which Ms. York stated the opioid settlement funding would have restricted uses and a committee would be established to recommend uses noting the county would have seven years to expend the funding, after receipt. MANAGER’S REPORT: County Manager, Heidi York reminded the Board that they would convene their May board meetings in its boardroom 215 upstairs. Ms. York followed up to the questions of Mr. John Seepe during public comments to note that Ms. Peg Carlson was engaged via phone call to possibly present at the Board’s retreat noting there was no contract, no formal proposal and no charge for her time. Ms. York added there was no report following her meetings saying she did not deem a good fit for the Board’s retreat. COMMISSIONER REPORT/COMMENTS: Vice Chairman Sims commented that Mr. John Seepe’s comments were a campaign speech for two candidates and he disagreed with the term bullying when there was questions to a commissioner; he opined that threatening the Board with a public records request unless he got answers to his questions was in his opinion bullying. Vice Chairman Sims appreciates the public making comments before the Board. Commissioner Palmer commended county employees for their work and in particular noticed the grounds maintenance staff working at the Sansbury Park. There were no reports or comments from Commissioner Gentry or Puryear ADJOURNMENT: A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the meeting at 10:52am. _____________________________ ______________________________ Brenda B. Reaves Gordon Powell Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 21 May 2, 2022 1 PERSON COUNTY BOARD OF COMMISSIONERS MAY 2, 2022 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Heidi York, County Manager C. Derrick Sims Brenda B. Reaves, Clerk to the Board Kyle W. Puryear S.Ellis Hankins, County Attorney Charlie Palmer Patricia Gentry The Board of Commissioners for the County of Person, North Carolina, met in regular session on Monday, May 2, 2022 at 7:00pm in the commissioners’ boardroom in the Person County Office Building. Chairman Powell called the meeting to order. Vice Chairman Sims offered an invocation and Commissioner Gentry led the group in the Pledge of Allegiance. DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA: A motion was made by Vice Chairman Sims and carried 5-0 to approve the agenda. PUBLIC HEARING: REQUEST TO ADD FAST ROCK ROAD TO THE DATABASE OF ROADWAY NAMES USED FOR E-911 DISPATCHING: A motion was made by Vice Chairman Sims and carried 5-0 to open the duly advertised public hearing for a request to add Fast Rock Road to the database of roadway names used for E-911 dispatching. GIS Manager Sallie Vaughn stated Tax Map/Parcel A97 7, which is accessed via shared private easement, was recently purchased with plans for a home. Ms. Vaughn noted there are two residences currently and the addition of a new residence necessitates the naming of the driveway. In accordance with Article IV, Section 402 H of the “Ordinance Regulating Addresses and Road Naming in Person County,” any driveway serving three or more addressable structures must be named. Naming this road now will prevent future residents from having to change their addresses as more lots are developed. Ms. Vaughn stated all seven adjacent property owners were contacted in person and via certified mail. Of those seven, only three residents will be affected with address changes. The required two-thirds majority was reached and Fast Rock Road was provided as their roadway name of choice, which was compliant with all naming regulations in the Ordinance. 22 May 2, 2022 2 North Carolina General Statute 153A-239.1(A) requires a public hearing be held on the matter and public notice be provided at least ten days prior in the newspaper. The required public notice was published in the April 22, 2022 edition of the Roxboro Courier- Times. A sign advertising the public hearing was placed at the proposed roadway location on the same date. Ms. Vaughn requested the Board to approve the recommended roadway name, Fast Rock Road, to be added to the database of roadway names used for E-911 dispatching. Commissioner Gentry asked Ms. Vaughn who was responsible for the private easement maintenance to which Ms. Vaughn stated it was dependent upon how it was written in the deeds. Ms. Vaughn noted she had reviewed the deeds some time ago however could not remember how it was written for maintenance. There were no individuals appearing before the Board to speak in favor of nor in opposition to the request to add Fast Rock Road to the database of roadway names used for E-911 dispatching. A motion was made by Commissioner Puryear and carried 5-0 to close the public hearing for a request to add Fast Rock Road to the database of roadway names used for E- 911 dispatching. CONSIDERATION TO GRANT OR DENY REQUEST TO ADD FAST ROCK ROAD TO THE DATABASE OF ROADWAY NAMES USED FOR E-911 DISPATCHING: A motion was made by Commissioner Gentry and carried 5-0 to grant the request to add Fast Rock Road to the database of roadway names used for E-911 dispatching. INFORMAL COMMENTS: Chairman Powell said the law requires boards of commissioners to provide a public comment period every month at a regular scheduled meeting about county issues and matters of public concern. Chairman Powell said it was important for the commissioners to hear the comments of interested citizens, in fact, the Board thinks it is so important, that the Board has a public comment period at both of its regular scheduled meetings each month. He reiterated that the purpose of the public comment period was for citizens to address county issues and matters of public concern, not a question/answer back and forth, although the county manager or a commissioner can follow up after the meeting. Chairman Powell said one of his responsibilities as Chairman was to maintain order and decorum. He asked everyone, including citizens and commissioners to keep comments focused on county issues and relating to a matter of public concern. If there are comments about people’s personal lives or anything other than county government matters, Chairman Powell said he would rule out of order. 23 May 2, 2022 3 The following individuals appeared before the Board to make informal comments: Mr. John Seepe of 277 Barefoot Landing Lane, Semora addressed the Board on his previous public comments and questions related to the status of the shell building and to Peg Carlson’s visit noting he received answers to his questions however, the public was not informed nor should citizens have to threaten the Board with a public records request to get answers. Mr. Seepe commented on an unapproved, non-permitted, not inspected nor zoned RV park containing seven pads for trailers, electrical hook-ups and connected sewage to a tank that was set up as a LLC by two sheriff deputies, Jason and Jimmie Wilborn, and by association the County Economic Development Director. He said he spoke with zoning, planning and environmental health, and as of this date, everything was restored to compliance noting electric and trailers were removed from the property. Mr. Seepe said the Berryhills have been working over eight months to properly build out and properly zone, permit, and have inspected a place for RV’s in the county. Mr. Seepe stated taxpayers are missing out on funds by this infraction. He asked Chairman Powell if permits are applied for, that the permitting would be done without any shortcuts and that the county employees are kept to county standards. Mr. Jimmie Whitfield of 699 Charlie Reade Road, Timberlake yielded his time allotment to Mr. Seepe. Ms. Cynthia Lynch of 395 Union Grove Church Road, Hurdle Mills spoke about the proposed fire district tax request and questioned the statistics included in the packet related to the oddity that the age spans were different illustrating 4 years, 12 years, 15 years, and one spanning 22 years. By her comparison, the age group 19-45 years was 50% of the group represented. Ms. Lynch said when you start paying people for doing what volunteers do, the volunteers will start to drop off. Ms. Kathy Lawrence of 1034 Terry Road, Hurdle Mills, yielded her time allotment to Mr. Seepe. Mr. Kenneth Lawrence of 1034 Terry Road, Hurdle Mills forfeited his time allotment with no comments. 24 May 2, 2022 4 DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA: A motion was made by Commissioner Gentry and carried 5-0 to approve the Consent Agenda with the following item: A. NC Education Lottery Application for South Elementary School contracted painting for $95,000 Commissioner Gentry asked to pull item B, Budget Amendment #18, for further clarification. County Manager, Heidi York stated she would bring it back to the Board once she received more information. NEW BUSINESS: GREAT GRANT PARTNERSHIPS – ZITEL AND CHARTER COMMUNICATIONS: Assistant County Manager, Katherine Cathey reminded the Board of the Growing Rural Economies with Access to Technology (GREAT) Grant, which is a competitive grant program that provides funding to private sector broadband providers to deploy last-mile broadband infrastructure to unserved areas of North Carolina. The current 2021-2022 funding round may award up to $350M in federal ARP funding, up to $4M per application. Ms. Cathey stated following the Board’s meeting and action on March 21, 2022, the state extended the GREAT Grant application deadline to May 4, 2022. Ms. Cathey said the Board, at its March 21, 2022 meeting, approved an MOU with Brightspeed in support of its GREAT Grant application for $4M. If Brightspeed is awarded the project by the state, Person County has committed $1.25 million of the county’s $7.67 million American Rescue Plan (ARP) funding to partner with Brightspeed on deploying fiber-to-the-home service to approximately 2,600 locations through installation of just over 118 miles of fiber with a project value of $8.37M. She added that the Board provided letters of support for Brightspeed’s GREAT Grant application as well as Charter’s application. Charter proposes to serve 500 locations with 97 miles of fiber. The Board did not commit financial support for Charter’s application in March but voted to reserve an additional $250,000 of the county’s ARP funding for future broadband expansion. Ms. Cathey told the Board that the presentation on this date will summarize another broadband infrastructure expansion proposal received from ZiTEL and revisits possible financial support for Charter’s proposal noting county support helps each private sector broadband provider score higher with the state scoring criteria. Ms. Cathey introduced Mr. Rodney Gray, COO, with ZiTEL, and Mr. Justin DeLancey, Senior Manager, Government Affairs, with Charter to share the information with the Board through the following presentation. 25 May 2, 2022 5 26 May 2, 2022 6 27 May 2, 2022 7 28 May 2, 2022 8 29 May 2, 2022 9 30 May 2, 2022 10 31 May 2, 2022 11 32 May 2, 2022 12 33 May 2, 2022 13 34 May 2, 2022 14 35 May 2, 2022 15 Mr. Gray summarized ZiTEL’s proposal to reach up to 5,598 homes and businesses by installing 105.5 miles of fiber. Mr. Gray proposed an application of $2.7M with up to a $1.25M commitment from the county for a project total of $5.4M offering quicker, lower cost access to broadband. Mr. Gray stated ZiTEL’s business model is to do business differently than other providers using better customer service and affordability. In addition, ZiTEL desires to partner with Person County and is negotiating to utilize some of the county-owned dark fiber as well. Ms. Cathey noted all three providers, Brightspeed, Charter and ZiTEL have expressed interest in continuing to work with Person County to expand broadband infrastructure along with the NC Department of Information Technology (NCDIT) through the new Completing Access to Broadband (CAB) Grant program. This new program will be available later this year after the GREAT Grant application period closes and provides an opportunity for counties to partner to fund broadband deployment project in unserved areas of each county. Ms. Cathey said it would be to the county’s benefit to support all three applications. She noted a $2.75M commitment of the county’s ARP funding for this purpose covers all proposals by the private sector broadband providers. She added the Board will have flexibility with any funding that is not committed in this first round of the GREAT Grant program; any unused funds of the $2.75M would then be considered for the CAB Grant program and/or other county proposed projects as deemed appropriate by the Board. Commissioner Gentry stated the need for broadband access will be a continual need and the risk of committing the ARP funding for this purpose is minimal for the return on investment. A motion was made by Vice Chairman Sims and carried 5-0 to support Brightspeed, Charter Communications (Spectrum), and ZiTEL and to designate $2.75M in ARP funds for broadband expansion and approve the resolution as presented. 36 May 2, 2022 16 37 May 2, 2022 17 FY23 FIRE DISTRICT TAX REQUEST: Fire Marshal, Adam Morris presented a proposal to increase the fire district tax to fund paid part-time firefighters during the day at seven volunteer fire departments and the Person County Rescue Squad. Mr. Morris shared the following presentation to support raising the fire district tax from the current rate of $.0275 to $.05 (an increase of $.0225) to fund the addition of a pool of paid part-time staff. 38 May 2, 2022 18 39 May 2, 2022 19 40 May 2, 2022 20 41 May 2, 2022 21 42 May 2, 2022 22 43 May 2, 2022 23 44 May 2, 2022 24 45 May 2, 2022 25 Vice Chairman Sims stated it was tough to recruit volunteers to attain the required training, put on the gear and run into a fire. He told Mr. Morris it was a great presentation. 46 May 2, 2022 26 Commissioner Gentry asked Mr. Morris what was the property loss impact from fire in Person County to which Mr. Morris said he would send along that data. Commissioner Gentry asked Mr. Morris to briefly explain the ISO fire ratings to which he noted the scale was 1-10, 1 being a career fire station, 3 being a district with available hydrants, and a 10 without fire district coverage. PERSON COUNTY STATE OF EMERGENCY AND EMERGENCY MANAGEMENT ORDINANCES: Commissioner Gentry stated she had a hard time finding ordinances on the county’s website and in particular would like to see some changes within the ordinances for a declaration of an emergency to be reviewed every 30 days by the Board of Commissioners. Commissioner Gentry asked the Emergency Manager and Director of Emergency Services, Thomas Schwalenberg to provide an overview of the Person County State of Emergency Ordinance and the Emergency Management Ordinance. Mr. Schwalenberg provided the following presentation: 47 May 2, 2022 27 48 May 2, 2022 28 49 May 2, 2022 29 50 May 2, 2022 30 51 May 2, 2022 31 Mr. Schwalenberg stated Emergency Management Plans are filed in the Office of the Emergency Manager and distributed to key stakeholders and confidential when deemed an element of safety sensitive information. 52 May 2, 2022 32 Mr. Schwalenberg stated the two subject ordinances, in his opinion, meet the needs and comparable to what other counties have adopted noting as both ordinances were almost ten years old, a review may be warranted. 53 May 2, 2022 33 Commissioner Gentry advocated for easily accessible documents on the county’s website and urged the Board to have the full board involved in a declaration of an emergency not usurping the Chairman’s authority. County Attorney, Ellis Hankins stated General Assembly last made significant changes to these laws in 2013, which reflect the time the current ordinances were adopted in Person County. Mr. Hankins noted there are specific state statutes that provide authority for the Chairman of the Board for counties and for the Mayor for municipalities to issue a declaration of an emergency without the full board being present. He indicated that any clarifications or enhancements could certainly be made by amending the ordinance should the Board desire to do so. Chairman Powell concurred that the Board could revisit the ordinance for any amendments desired by the Board. It was the consensus of the Board to ask the County Manager and staff to bring back any suggested changes for consideration. County Manager, Heidi York stated she would provide a red-line draft to the Board of proposed revisions for consideration. Mr. Hankins stated a public hearing was not required for amendments to the subject ordinances. BUDGET AMENDMENT #18: County Manager, Heidi York stated she had received budget adjustment detail for Budget Amendment #18 and provided the detail as shown below. Ms. York suggested that the Budget Adjustment Detail will be included with future budget amendments for an easier understanding of the detail showing the budget line items. 54 May 2, 2022 34 A motion was made by Commissioner Gentry and carried 5-0 to approve Budget Amendment #18, as presented by the County Manager. 55 May 2, 2022 35 CHAIRMAN’S REPORT: Chairman Powell reported this week was designated as National Small Business Week and urged citizens to show appreciation to businesses for all they do, and also the Week of Prayer noting a couple events scheduled this week at 12:00 noon on May 5, 2022 and at 12:15 on May 6, 2022. Chairman Powell concurred with Commissioner Gentry’s concerns related to the finance movement of funds and requested any funding changes that are not budgeted become an agenda item for open discussion. Chairman Powell asked the County Manager to bring information for a Public Information Officer position to the Board for further discussion. MANAGER’S REPORT: County Manager, Heidi York clarified the Board has discussed the job description for a Public Information Officer position to which she has included in her Recommended Budget noting following the public hearing, the Board may want to discuss this full time position at one of its budget work sessions. Ms. York clarified that department heads know they cannot expend funds for items not budgeted and that they must request any new funding from the Board of Commissioners; after Board approval for new funding, a budget amendment will be presented to the Board including that item for approval. Ms. York announced the Board would recess its meeting until 8:15am on May 3, 2022 at which time, the Board will, in open session, via Zoom, interview two firms responding to the RFP for an executive search firm for recruitment of the new County Manager. 56 May 2, 2022 36 COMMISSIONER REPORT/COMMENTS: Vice Chairman Sims stated his disappointment when accusations are made during public comments noting the Board must just sit and listen. Commissioner Palmer reported Special Olympics was scheduled for this week at Person High School; he urged everyone to go and support this event. Commissioner Gentry commented that it was disturbing to her when leadership in the county are acting inappropriately and shedding a bad light on the profession within the county when they all knew better. She stated there should be an investigation and the unethical actions addressed. Commissioner Puryear commended the Elections staff on conducting the primary in a smooth running fashion; he wanted to extend his appreciation. RECESS: A motion was made by Commissioner Puryear and carried 5-0 to recess the meeting at 9:26pm until 8:15am on May 3, 2022. _____________________________ ______________________________ Brenda B. Reaves Gordon Powell Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 57 May 3, 2022 1 PERSON COUNTY BOARD OF COMMISSIONERS MAY 3, 2022 MEMBERS PRESENT OTHERS PRESENT Gordon Powell Heidi York, County Manager C. Derrick Sims Brenda B. Reaves, Clerk to the Board Kyle W. Puryear S.Ellis Hankins, County Attorney Charlie Palmer Patricia Gentry The Board of Commissioners for the County of Person, North Carolina, met in recessed session on Tuesday, May 3, 2022 at 8:15am in the commissioners’ boardroom in the Person County Office Building. Chairman Powell called the meeting to order. In response to a Request for Proposals for Executive Search Services, the Board set this meeting to interview qualified executive search firms and consultants to conduct an executive recruitment campaign for the County Manager position. The selected firm shall provide a comprehensive scope of recruitment and hiring services for a County Manager, and is charged with conducting a national search. Services include: Conducting a robust community engagement process with the County to develop a profile/description of the desired qualifications, skills, experience, and leadership necessary to be successful as the next Person County Manager; Developing a search strategy to recruit the maximum number of candidates who qualify based upon the profile; Preparing job announcement, advertisement and marketing materials; Screening candidates via interviews and assessments; Assisting in all aspects of selection and hiring, including scheduling of interviews; Conducting pre-employment screening to check candidate qualifications, references, and background; Making recommendations regarding candidates and the process; and assisting in all aspects of selection and hiring. The successful respondent will assist in establishing the process for the recruitment, including a timeline for various actions during the recruitment process including engagement with the community and department heads, a candidate profile, and screening. County Manager, Heidi York introduced herself as the facilitator for the interview process noting she was not evaluating the interviews. She noted the interview firms would have an opportunity to introduce themselves and their firm through a presentation of their proposal. The Board, following the presentation, will have an opportunity to ask structured interview questions in a round robin format. 58 May 3, 2022 2 Human Resources Director, Miranda Harrison provided the Board with each firm’s proposal, a copy of the county’s RFP for reference, the list of structured interview questions, and an evaluation form to score each firm. Scoring is based on the Experience/Qualifications factors, Project Plan factors, Cost of Services factors and Timeline. The first interviewed firm was GovHR USA headquartered in Northbrook, Illinois. GovHR Senior Vice President Lane Bailey with 32 years of local government leadership and management with significant ties to North Carolina serving as City Manager, Assistant County Manager, and County Manager experience, and GovHR Vice President, Rick Ginex, with over 44 years of local government experience in Illinois participated via Zoom to offer their public management consulting firm serving local government clients and other public-sector entities on a national basis. Mr. Bailey and Mr. Ginex stated GovHR had offices in 13 states and have performed 1000’s of searches producing diverse candidates. GovHR has a 40% repeat search rate and encouraged the Board to talk with former clients. GovHR representatives said they would provide a collaborative path to success through complete process coordinator with organization, engagement with key stakeholders, community engagement, recruitment tools, social media and initial screening of candidate information, all on an agreed timeline. GovHR’s price proposal included $19,500 for recruitment activity fees, not to exceed $1,500 in recruitment expenses and $2,500 projected advertising costs. Chairman Powell announced a brief recess at 9:30am. The meeting reconvened at 9:41am The second interviewed firm was S. Renee Narloch and Associates from Tallahassee Florida with a satellite office in Texas with over 25 years of public sector recruitment experience, via Zoom. Ms. Narloch noted her search experience in North Carolina stating she would work closely with the Board to manage the process and work toward recruiting the best fit for the next manager of Person County. Ms. Narloch said she takes a hands-on, personalized approach with a strong recruitment strategy. Ms. Narloch said she would like to sit down with each commissioner, meet with department directors and with the community to seek input as she identifies a profile for candidates for a good fit with career goals and culture that fit within Person County’s community. The professional fee for conducting the county manager search is $22,500 with expenses not to exceed $4,450. Ms. York stated the third interview with the Mercer Group was cancelled due to the Mercer Group withdrawing its proposal from consideration on May 2, 2022. 59 May 3, 2022 3 Ms. York told the Board that reference checks could be completed this week should the Board have consensus on one of the firms interviewed. She added the Board could authorize the Chairman to sign a contract of award if deemed appropriate. With discussion of the Board, it was evident the Board had unanimous consensus for S. Renee Narloch & Associates. A motion was made by Vice Chairman Sims and carried 5-0 to authorize the Chairman to sign a contract of award with S. Renee Narloch & Associates contingent upon appropriate reference checks. ADJOURNMENT: A motion was made by Vice Chairman Sims and carried 5-0 to adjourn the meeting at 10:51am. _____________________________ ______________________________ Brenda B. Reaves Gordon Powell Clerk to the Board Chairman (Draft Board minutes are subject to Board approval). 60 6/6/2022 Dept./Acct No.Department Name Amount Incr / (Decr) EXPENDITURES General Fund General Government 81,150 Public Safety 2,134 Economic Development 3,982 Culture and Recreation 13,989 Human Services 130,567 Contingency (93,105) Self-Funded Health Insurance Fund 1,035,900 Transfer to Other Funds 198,855 REVENUES General Fund Intergovernmental Revenues 130,567 Sales Tax Distribution 1,222,800 Charges for Services 11,489 Other Revenues 8,616 EXPENDITURES Capital Investment Fund 186,900 REVENUES Capital Investment Fund Transfer from General Fund/Sch Sales Tax 186,900 EXPENDITURES Emergency Telephone Special Revenue Fund 11,955 REVENUES Emergency Telephone Special Revenue Fund Transfer from Other Funds 11,955 Explanation: BUDGET AMENDMENT #20 Reducing undesignated contingency budget (-$81,150) to cover cost of Board-awarded consulting contracts in Governing Body ($26,950) for search of County Manager replacement, Administration ($4,200) for cost to new Interim County Manager, and the Legal Department ($50,000) for representation services for Person County related to Duke Energy's Carbon Reduction Plan submittal to the NC Utilities Commission; received insurance claim for vehicle damage in the Sheriff's Department ($2,134); received donation for class supplies in Cooperative Extension ($3,982); recognize donations for building and grounds projects in Recreation, Arts & Parks ($2,500), Kirby Theater ($309) and SportsPlex ($11,180); recognize additional pandemic recovery funds ($124,155) received from the State for the Public Health Department; received additional Environmental Grant funds ($6,412) for the purchase of education and medical supplies; utilizing remaining sales tax estimates ($1,222,800) for FY22 to support high claims expense in the Self-Funded Health insurance Fund and transfer the set-aside portion of sales tax to the CIF Fund for schools ($186,900); and reducing undesignated contingency (-$11,955) to cover General Fund Transfer to the Emergency Telephone System Fund ($11,955) for expenditures that were recently deemed ineligible to be expensed in this Fund ($11,955) by the State's E911 Board for fiscal years 2019-2021. BA-2061 Account Number Account Description $Revenues incr. (decr.) (cr.) dr. $Expenditures incr. (decr.) dr. (cr.) 1009910-499100 Contingency-Undesignated (26,950) 1004110-430000 Gov Body-Contracted Services 26,950 1009910-499100 Contingency-Undesignated (4,200) 1004120-430000 Admin-Contracted Services 4,200 1009910-499100 Contingency-Undesignated (50,000) 1004150-419100 Legal-Duke Energy Representation Consultants 50,000 100-389890 Misc Revs 2,134 1004310-435300 Maint & Repair/Vehicles 2,134 10040-345370 Coop Ext-Donation/Classes 3,982 1004950-420000 Coop Ext-Supplies 3,982 10055-361840 Donations to Recreation 2,500 1006120-435100 Recreation/Maint & Repair/Bldg & Grounds 2,500 10055-361412 Recreation Fees/Kirby & Arts 309 1006122-435100 Kirby/Maint & Repair/Bldg & Grounds 309 10055-361409 Recreation Fees/SportsPlex 11,180 1006123-435100 SportsPlex/Maint & Repair/Bldg & Grounds 11,180 12050-369235 Pub Health-Communicable Disease Pandemic Reco 124,155 1205110-430000 Pub Health-Contracted Services 124,155 12050-372330 Enviro Health Grant 6,412 1205180-423000 Enviro Health-Education/Medical Supplies 6,412 100-316000 Local Opt Sales Tx-1 Cent 541,800 100-317000 Local Opt Sales Tx-Art 40 317,100 100-318000 Local Opt Sales Tx-Art 42 261,900 100-319000 Local Opt Sales Tx-Art 44 102,000 1009820-400020 Transfer to Fund 200 1,035,900 1009821-401121 Transfer to Fund 210/Sch Sales Tax 186,900 20070-390010 Transfer from GF 1,035,900 2004123-489710 Claims Expense 1,035,900 21070-398110 Transfer from GF/Sch Sales Tax 186,900 2109100-479900 Issuance Costs 186,900 1009910-499100 Contingency-Undesignated (11,955) 1009821-401026 Gen Fund-Xfr to Emg Teleph Sys Fund 11,955 26070-398010 Emg Teleph Sys Fund-Xfr from General Fund 11,955 2604325-449900 Misc Expense 11,955 Totals 2,608,227 2,608,227 BUDGET ADJUSTMENT DETAIL BA-2062 DAAS-735 (updated 4-4-22) 1 July 1, 2022 through June 30, 2023 Home and Community Care Block Grant for Older Adults Agreement for the Provision of County-Based Aging Services This Agreement, entered into as of this day 1st day of July, 2022, by and between the County of __Person (hereinafter referred to as the "County") and the Kerr-Tar Regional Council of Governments, Area Agency on Aging, (hereinafter referred to as the "Area Agency"). Witnesseth That: WHEREAS, the Area Agency and the County agree to the terms and conditions for provision of aging services in connection with activities financed in part by Older Americans Act grant funds, provided to the Area Agency from the United States Department of Health and Human Services through the North Carolina Division of Aging and Adult Services (DAAS) and state appropriations made available to the Area Agency through the North Carolina Division of Aging and Adult Services, as set forth in a) this document, b) the County Funding Plan, as reviewed by the Area Agency and the Division of Aging and Adult Services, c) the Division of Aging and Adult Services Home and Community Care Block Grant Procedures Manual for Community Service Providers, d) the Division of Aging and Adult Services Service Standards, and, e) the Division of Aging and Adult Services Community Service Providers Monitoring Guidelines. NOW THEREFORE, in consideration of these premises, and mutual covenants and agreements hereinafter contained, the parties hereto agree as follows: 1.As provided in the Area Plan, community service providers specified by the County to encourage maximum collocation and coordination of services for older persons are as follows: Region K Community Assistance Corporation Person County Department of Social Services The Community Service Provider(s), shall be those specified in the County Funding Plan on the Provider Services Summary format(s) (DAAS-732) for the period ending June 30 for the year stated above. 2.Availability of Funds. The terms set forth in this Agreement for payment are contingent upon the receipt of Home and Community Care Block Grant funding by the Area Agency. 3.Grant Administration. The grant administrator for the Area Agency shall be: Nancy Francis, Director, Area Agency. The grant administrator for the County shall be: Person County Manager. 63 DAAS-735 (updated 4-4-22) 2 It is understood and agreed that the grant administrator for the County shall represent the County in the performance of this Agreement. The County shall notify the Area Agency in writing if the administrator changes during the grant period. Specific responsibilities of the grant administrator for the County are provided in paragraph seven (7) of this Agreement. 4. Services authorized through the County Funding Plan, as specified on the Provider Services Summary format(s) (DAAS-732) are to commence no later than July 1 of the state fiscal year and shall be undertaken and pursued in such sequence as to assure their expeditious completion. All services required hereunder shall be completed on or before the end of the Agreement period, June 30 of the state fiscal year. 5. Assignability and Contracting. The County shall not assign all or any portion of its interest in this Agreement. Any purchase of services with Home and Community Care Block Grant for Older Adults funding shall be carried out in accordance with the procurement and contracting policy of the community services provider or, where applicable, the Area Agency, which does not conflict with procurement and contracting requirements contained in 45 CFR Part 75, Subpart D-Post Federal Award Requirements, Procurement Standards. Federal funds shall not be awarded to any subrecipients who have been suspended or debarred by the Federal government. In addition, Federal funds may not be used to purchase goods or services costing over $100,000 from a vendor that has been suspended or debarred from Federal grant programs. 6. Compensation and Payments to the County. The County shall be compensated for the work and services actually performed under this Agreement by payments to be made monthly by the Area Agency. Total reimbursement to the community service providers under this Agreement may not exceed the grand total of Block Grant funding, as specified on the Provider Services Summary format (DAAS-732). a. Interim Payments to the County Upon receipt of a written request from the County, the Division of Aging and Adult Services, through the Area Agency, will provide the County Finance Officer with an interim payment equivalent to seventy percent (70%) of one-twelfth (1/12) of the County's Home and Community Care Block Grant allocation by the 22nd of each month. 64 DAAS-735 (updated 4-4-22) 3 b. Reimbursement of Service Costs Reimbursement of service costs are carried out as provided in Section 3 of the N.C. Division of Aging and Adult Services Home and Community Care Block Grant Procedures Manual for Community Service Providers, revised February 17, 1997. c. Role of the County Finance Director The County Finance Director shall be responsible for disbursing Home and Community Care Block Grant Funding to Community Service Providers in accordance with procedures specified in the N.C. Division of Aging and Adult Services Home and Community Care Block Grant Manual for Community Service Providers, revised February 17, 1997. d. Payment of Administration on Aging Nutrition Services Incentive Program (NSIP) Subsidy NSIP subsidy for congregate and home delivered meals will be disbursed by the Division of Aging and Adult Services through the Area Agency to the County on a monthly basis, subject to the availability of funds as specified in Section 3 of the N.C. Division of Aging and Adult Services Home and Community Care Block Grant Procedures Manual for Community Services Providers. If through the U.S. Department of Agriculture Area Agency on Aging Elections Project, the County elects to receive a portion of its USDA entitlement in the form of surplus commodity foods in lieu of cash, the Area Agency will notify the County in writing of its community valuation upon notification from the Division of Aging and Adult Services. The delivery of commodity and bonus foods is subject to availability. The County will not receive cash entitlement in lieu of commodities that are unavailable or undelivered during the Agreement period. 7. Reallocation of Funds and Budget Revisions. Any reallocation of Block Grant funding between counties shall be voluntary on the part of the County and shall be effective only for the period of the Agreement. The reallocation of Block Grant funds between counties will not affect the allocation of future funding to the County. If during the performance period of the Agreement, the Area Agency determines that a portion of the Block Grant will not be expended, the grant administrator for the County shall be notified in writing by the Area Agency and given the opportunity to make funds available for reallocation to other counties in the Planning and Service Area or elsewhere in the state. The County may authorize community service providers to implement budget revisions which do not cause the County to fall below minimum budgeting requirements for access, in-home, congregate, and home delivered meals services, as specified in Division of Aging and Adult Services budget instructions issued to the County. If a budget revision will cause the County to fall below minimum budgeting requirements for any of the aforementioned services, as specified in Division of Aging and Adult Services budgeting instructions issued to the County, the grants administrator for the County shall obtain written approval for the revision from the 65 DAAS-735 (updated 4-4-22) 4 Area Agency prior to implementation by the community service provider, so as to assure that regional minimum budgeting requirements for the aforementioned services will be met. Unless community services providers have been given the capacity to enter data into the Aging Resources Management System (ARMS), Area Agencies on Aging are responsible for entering amended service data into the Division of Aging and Adult Services Management Information System, as specified in the N.C. Division of Aging and Adult Services Home and Community Care Block Grant Procedures Manual for Community Service Providers. 8. Monitoring. This Agreement will be monitored to assure that services are being provided as stated in the Division of Aging and Adult Service Monitoring Policies and Procedures at http://www.ncdhhs.gov/aging/monitor/mpolicy.htm. The monitoring of services provided under this Agreement shall be carried out by the Area Agency on Aging in accordance with its Assessment Plan and as specified in Sec. 308 of the AAA Policies and Procedures Manual. Counties and community service providers will receive a written report of monitoring findings in accordance with procedures established in Section 308.4. Any areas of non-compliance will be addressed in a written corrective action plan with the community service provider. 9. Disputes and Appeals. Any dispute concerning a question of fact arising under this Agreement shall be identified to the designated grants administrator for the Area Agency. In accordance with Lead Regional Organization (LRO) policy, a written decision shall be promptly furnished to the designated grants administrator for the County. The decision of the LRO is final unless within twenty (20) days of receipt of such decision the Chairman of the Board of Commissioners furnishes a written request for appeal to the Director of the North Carolina Division of Aging and Adult Services, with a copy sent to the Area Agency. The request for appeal shall state the exact nature of the complaint. The Division of Aging and Adult Services will inform the Chairman of the Board of Commissioners of its appeal procedures and will inform the Area Agency that an appeal has been filed. Procedures thereafter will be determined by the appeals process of the Division of Aging and Adult Services. The state agency address is as follows: Director North Carolina Division of Aging and Adult Services 693 Palmer Drive 2101 Mail Service Center Raleigh, North Carolina 27699-2101 10. Termination for Cause. If through any cause, the County shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or the County has or shall violate any of the covenants, agreements, representations or stipulations of this Agreement, the Area Agency shall have the right to terminate this Agreement by giving the Chairman of the Board of Commissioners written notice of such termination no fewer than fifteen (15) days prior to the 66 DAAS-735 (updated 4-4-22) 5 effective date of termination. In such event, all finished documents and other materials collected or produced under this Agreement shall at the option of the Area Agency, become its property. The County shall be entitled to receive just and equitable compensation for any work satisfactorily performed under this Agreement. 11. Audit. The County agrees to have an annual independent audit in accordance with North Carolina General Statutes, North Carolina Local Government Commission requirements, Division of Aging and Adult Services Program Audit Guide for Aging Services and Federal Office of Budget and Management (OMB) Uniform Guidance 2 CFR Part 200. Community service providers, as specified in paragraph one (1), who are not units of local government or otherwise subject to the audit and other reporting requirements of the Local Government Commission are subject to audit and fiscal reporting requirements, as stated in NC General Statute 143C-6-22 and 23 and OMB Uniform Guidance CFR 2 Part 200, where applicable. Applicable community service providers must send a copy of their year-end financial statements, and any required audit, to the Area Agency on Aging. Home and Community Care Block Grant providers are not required to submit Activities and Accomplishments Reports. For-profit corporations are not subject to the requirements of OMB Uniform Guidance 2 CFR Part 200, but are subject to NC General Statute 143C-6-22 and 23 and Yellow Book audit requirements, where applicable. Federal funds may not be used to pay for a Single or Yellow Book audit unless it is a federal requirement. State funds will not be used to pay for a Single or Yellow Book audit if the provider receives less than $500,000 in state funds. The Department of Health and Human Services will provide confirmation of federal and state expenditures at the close of the state fiscal year. Information on audit and fiscal reporting requirements in accordance with Administrative Code 09 NCAC 03M can be found at https://www.osbm.nc.gov/stewardship- services/grants/grant-recipients The following chart provides a summary of reporting requirements under NCGS 143C-6-22 and 23 and OMB Uniform Guidance 2 CFR Part 200 based upon funding received and expended during the service provider’s fiscal year. Annual Expenditures Report Required to AAA Allowable cost for reporting  Less than $25,000 in state or federal funds Certification form and State Grants Compliance Reporting <$25,000 (Item #11, Activities and Accomplishments) does not have to be completed) OR Audited Financial Statements in compliance with GAO/GAS (i.e., Yellow Book). N.A. 67 DAAS-735 (updated 4-4-22) 6 Annual Expenditures Report Required to AAA Allowable cost for reporting  Greater than $25,000 and less than $500,000 in state funds or $750,000 in federal funds. Certification form and Schedule of Grantee Receipts >$25,000 and Schedule of Receipts and Expenditures OR Audited Financial Statements in compliance with GAO/GAS (i.e., Yellow Book) N.A.  $500,000+ in state funds but federal pass through in an amount less than $750,000. Audited Financial Statement in compliance with GAO/GAS (i.e., Yellow Book) May use state funds, but not federal funds.  $500,000+ in state funds and $750,000+ in federal pass through funds. Audited Financial Statement in compliance with OMB Uniform Guidance 2 CFR Part 200 (i.e., Single Audit) May use state and federal funds.  Less than $500,000 in state funds and $750,000+ in federal pass through funds Audited Financial Statement in compliance with OMB Uniform Guidance 2 CFR Part 200 (i.e., Single Audit) May use federal funds, but not state funds. 12. Audit/Assessment Resolutions and Disallowed Cost. It is further understood that the community service providers are responsible to the Area Agency for clarifying any audit exceptions that may arise from any Area Agency assessment, county or community service provider single or financial audit, or audits conducted by the State or Federal Governments. In the event that the Area Agency or the Department of Health and Human Services disallows any expenditure made by the community service provider for any reason, the County shall promptly repay such funds to the Area Agency once any final appeal is exhausted in accordance with paragraph nine (9). The only exceptions are if the Area Agency on Aging is designated as a community service provider through the County Funding Plan or, if as a part of a procurement process, the Area Agency on Aging enters into a contractual agreement for service provision with a provider which is in addition to the required County Funding Plan formats. In these exceptions, the Area Agency is responsible for any disallowed costs. The County or Area Agency on Aging can recoup any required payback from the community service provider in the event that payback is due to a community service provider's failure to meet OMB Uniform Guidance CFR 2 Part 200, 45 CFR Part 1321 or state eligibility requirements as specified in policy. 13. Indemnity. The County agrees to indemnify and save harmless the Area Agency, its agents, and employees from and against any and all loss, cost, damages, expenses, and liability arising out of performance under this Agreement to the extent of errors or omissions of the County. 68 DAAS-735 (updated 4-4-22) 7 14. Equal Employment Opportunity and Americans With Disabilities Act Compliance. Both the County and community service providers, as identified in paragraph one (1), shall comply with all federal and state laws relating to equal employment opportunity and accommodation for disability. 15. Data to be Furnished to the County. All information which is existing, readily available to the Area Agency without cost and reasonably necessary, as determined by the Area Agency's staff, for the performance of this Agreement by the County shall be furnished to the County and community service providers without charge by the Area Agency. The Area Agency, its agents and employees, shall fully cooperate with the County in the performance of the County's duties under this Agreement. 16. Rights in Documents, Materials and Data Produced. The County and community service providers agree that at the discretion of the Area Agency, all reports and other data prepared by or for it under the terms of this Agreement shall be delivered to, become and remain, the property of the Area Agency upon termination or completion of the work. Both the Area Agency and the County shall have the right to use same without restriction or limitation and without compensation to the other. For the purposes of this Agreement, "data" includes writings, sound recordings, or other graphic representations, and works of similar nature. No reports or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the County. 17. Interest of the Board of Commissioners. The Board of Commissioners covenants that neither the Board of Commissioners nor its agents or employees presently has an interest, nor shall acquire an interest, direct or indirect, which conflicts in any manner or degree with the performance of its service hereunder, or which would prevent, or tend to prevent, the satisfactory performance of the service hereunder in an impartial and unbiased manner. 18. Interest of Members of the Area Agency, Lead Regional Organization, and Others. No officer, member or employee of the Area Agency or Lead Regional Organization, and no public official of any local government which is affected in any way by the Project, who exercises any function or responsibilities in the review or approval of the Project or any component part thereof, shall participate in any decisions relating to this Agreement which affects his personal interest or the interest of any corporation, partnership or association in which he is, directly or indirectly, interested; nor shall any such persons have any interest, direct or indirect, in this Agreement or the proceeds arising there from. 19. Officials not to Benefit. No member of or delegate to the Congress of the United States of America, resident Commissioner or employee of the United States Government, shall be entitled to any share or part of this Agreement or any benefits to arise here from. 20. Prohibition Against Use of Funds to Influence Legislation. No part of any funds under this Agreement shall be used to pay the salary or expenses of any employee or agent acting on 69 DAAS-735 (updated 4-4-22) 8 behalf of the County to engage in any activity designed to influence legislation or appropriations pending before Congress. 21. Confidentiality and Security. Any client information received in connection with the performance of any function of a community service provider or its subcontractors under this Agreement shall be kept confidential. The community service provider acknowledges that in receiving, storing, processing, or otherwise handling any confidential information, the agency and any subcontractors will safeguard and not further disclose the information except as provided in this Agreement and accompanying documents. 22. Record Retention and Disposition. All state and local government agencies, nongovernmental entities, and their subrecipients, including applicable vendors, that administer programs funded by federal sources passed through the NC DHHS and its divisions and offices are expected to maintain compliance with the NC DHHS record retention and disposition schedule (https://www.ncdhhs.gov/about/administrative-offices/office-controller/records-retention). In addition, the NC Department of Natural and Cultural Resources has developed a General Records Schedule for Local Government Agencies as well as individual retention and disposition schedules for local government agencies like county social service agencies and local health departments. Those schedules are posted at https://archives.ncdcr.gov/government/local. Retention requirements apply to the community service providers funded under this Agreement to provide Home and Community Care Block Grant services. By funding source and state fiscal year, the NC DHHS record retention schedule lists the earliest date that grant records in any format may be destroyed. The State Archives provides information about destroying confidential data and authorized methods of record destruction (paper and electronic) at https://archives.ncdcr.gov/government/records-management-tools/faq#how-can-i-destroy- records. The NC DHHS record retention schedule is based on federal and state regulations and pertains to the retention of all financial and programmatic records, supporting documents, statistical records, and all other records supporting the expenditure of a federal grant award. Records legally required for ongoing official proceedings, such as outstanding litigation, claims, audits, or other official actions, must be maintained for the duration of that action, notwithstanding the instructions of the NC DHHS record retention and disposition schedule. In addition to record retention requirements for records in any format, the long-term and/or permanent preservation of electronic records require additional commitment and active management by agencies. The community service provider will comply with all policies, standards, and best practices published by the Division of Aging and Adult Services regarding the creation and management of electronic records. 70 DAAS-735 (updated 4-4-22) 9 23. Applicable Law. This Agreement is executed and is to be performed in the State of North Carolina, and all questions of interpretation and construction shall be construed by the laws of such State. In witness whereof, the Area Agency and the County have executed this Agreement as of the day first written above. Person County Attest: ____________________________ By: _____________________________________ Chairman, Board of Commissioners Area Agency Attest: ____________________________ By: _______________________________________ Area Agency Director Executive Director, Lead Regional Organization Provision for payment of the monies to fall due under this Agreement within the current fiscal year have been made by appropriation duly authorized as required by the Local Government Budget and Fiscal Control Act. By: ________________________________________________________________ FINANCE OFFICER, Lead Regional Organization 71 AGENDA ABSTRACT Meeting Date: June 6, 2022 Agenda Title: Home & Community Care Block Grant Funding 2022-2023 Summary of Information: Person County Home & Community Care Block Grant (HCCBG) Committee elected funding to proceed as follows for county funding: Person County Senior Center with a total of $328,427 allocated between Congregate and Home Delivered Nutrition, Transportation, In-Home Aide II and III, and Operations. Person County Department of Social Services receiving a total of $36,492 allocated for In-Home Aide services Level II, III. Total HCCBG funding for Person County is $364,919. This does not include a county match. Recommended Action: Approval of the HCCBG Committee’s funding allocation recommendation for 2022-2023 with acceptance of HCCBG funding for Person County. Submitted By: Maynell Harper, Aging Services Director 72 73 74 75 AGENDA ABSTRACT Meeting Date: June 6, 2022 Agenda Title: Person County Health Department Fee Request Summary of Information: The Person County Health Department’s proposed fee schedule amendment is the addition of a fee for a Skyla IUD. This will provide another option for participants of the Family Planning Program. The Board of Health approved the Fee Schedule Amendment on Monday, May 23, 2022, and in accordance with the North Carolina General Statute 130A-39(g), the Board of Health requests the approval of the Board of Commissioners to implement the proposed fee as follows: Description CPT Code Proposed  Updated  Notes  Skyla IUD J7301 $               927.00 Will charge Medicaid the  acquisition cost  Recommended Action: Approve recommended fee. Submitted By: Janet Clayton, Health Director 76 AGENDA ABSTRACT Meeting Date: June 6, 2022 Agenda Title: Contract for Interim County Manager Summary of Information: The Board is contracting with Mr. Ralph Clark to serve as Interim County Manager. He will perform all duties and carryout all responsibilities in accordance with NC General Statute 153A-82 and other duties as assigned by the Board. He will serve as a temporary, part-time employee working 30 hours per week and attend all official meetings of the Board. Mr. Clark serves at the pleasure of the Board until a permanent County Manager is appointed or this agreement is terminated. He will begin working the week of June 20th alongside of the current County Manager. Recommended Action: Authorize the Chairman to execute the contract for Interim County Manager services. Submitted By: Chairman Powell 77 1  NORTH CAROLINA PERSON COUNTY PERSON COUNTY Agreement for Interim County Manager Services The Person County Board of Commissioners (“Board”) wishes to obtain the services of Ralph Clark as Interim County Manager, pursuant to N.C.G.S. §153A-84, and Ralph Clark wishes to provide these and other contract services on the terms and conditions hereinafter set forth. NOW, THEREFORE, the parties hereto mutually agree as follows: WITNESSETH: Section 1: SERVICES TO BE RENDERED: a.Ralph Clark shall serve as a temporary part-time employee in the capacity of Interim County Manager and render the following services: i.Perform all duties and responsibilities in accordance with the General Statutes of North Carolina, specifically including N.C.G.S. §153A-82; and ii.All other duties as assigned by the Board. b.Ralph Clark shall not be eligible for any employment benefits. The County shall be, and remain, responsible for any compensation payable to Ralph Clark during the term of this Agreement for services rendered to the County hereunder. Section 2: ORGANIZATION, POSITION AND AUTHORITY Ralph Clark shall serve the County and, as such, will report to the Board. Ralph Clark shall have such power and authority provided pursuant to and in accordance with the General Statutes of North Carolina, specifically including N.C.G.S. §153A-82 and all other applicable federal, state and local laws, ordinances and regulations. Section 3: REPORTING, CONSULTATIONS AND TIME Ralph Clark shall attend and participate in all official meetings of the Board, and otherwise meet with Commissioners as requested. He shall work such time as necessary to perform the services referred to in Section 1 above, but shall work no more than 30 hours cumulative management time per week without express written approval of the Board. Section 4: GENERAL CONDITIONS The County will provide all normal administrative and logistical support necessary for Ralph Clark to carry out the duties. 78  2  Section 5: TERM Ralph Clark shall serve at the pleasure of the Board until a permanent County Manager is appointed or until this agreement is terminated, whichever occurs first. Section 6: COMPENSATION AND EXPENSES a. As full consideration for the services rendered by Ralph Clark pursuant to this Agreement, the County will pay Ralph Clark $70 per hour. The County will pay Ralph Clark the salary due on the same schedule as salary payments to other employees. b. Ralph Clark will be reimbursed mileage expenses monthly for travel to and from his Danville, VA residence at the rate of 58.5 cents per mile. He also will be reimbursed for other reasonable and necessary expenses incurred on County business, such as conference registrations if his attendance is requested or approved by the Board. Section 7: CONTRACT TERMINATION The Board, in its discretion and with or without cause, may terminate this agreement at any time by giving seven (7) calendar days’ notice to Ralph Clark. If Ralph Clark wishes to cease employment with the County, he may terminate this Agreement upon seven (7) days’ notice without further obligation on the part of either party. The County shall be responsible for expenses involving any pre-approved contractual agreements for services that may be affected by termination. Ralph Clark serves at the pleasure of the Board and subject to the limitations of this paragraph either party may terminate this Agreement with or without cause. Section 9: GOVERNING LAW This agreement is governed by and construed in accordance with the laws of the State of North Carolina. Section 10: AMENDMENT The text of this agreement shall constitute the entire contract between the parties. Any amendments shall be by mutual consent of the parties and evidenced in writing. Section 11: SEVERABILITY If any provisions, or any portion thereof contained in this Agreement are held to be or become invalid or unenforceable, the remainder of this Agreement, or portions thereof, shall be deemed severed therefrom, shall not be affected and shall remain in full force and effect. Section 12: INDEMNIFICATION Beyond that required under federal or state law or local ordinance, County shall defend, save harmless and indemnify Ralph Clark against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of his duties as Interim County Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved criminal conduct, gross negligence, willful conduct or wanton conduct. Ralph Clark may request, and County shall not unreasonably refuse to provide, independent legal representation at County’s expense. County shall indemnify Ralph Clark against any and all losses, damages, judgments, interest, settlements, 79  3  fines, court costs and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by, imposed upon or suffered by Ralph Clark in connection with or resulting from any claim, action, suit or proceeding, actual or threatened, arising out of or in connection with the performance of his/her duties except for allegations of criminal conduct, gross negligence, willful conduct or wanton conduct. Any settlement of any claim must be made with prior approval of County in order for indemnification, as provided in this Section, to be available. Indemnification as provided herein only applies to actions taken in Ralph Clark’s official capacity as Interim County Manager. Ralph Clark recognizes that Person County shall have the right to compromise and settle any claim or suit, If Person County provides a defense as outlined herein. County agrees to pay all reasonable litigation expenses of Ralph Clark throughout the pendency of any litigation. Section 13: OTHER TERMS AND CONDITIONS OF EMPLOYMENT County, only upon agreement with Ralph Clark, shall fix such other terms and conditions of this agreement as it may determine from time to time, relating to the performance of Ralph Clark, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, County ordinances or any other law. Section 14: GENERAL PROVISIONS A. Integration. This Agreement sets forth and establishes the entire understanding and agreement between County and Ralph Clark relating to the temporary employment of Ralph Clark. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this Agreement during the term of the Agreement. Such amendments shall be incorporated and made a part of this Agreement. B. Binding Effect. This Agreement shall be binding on County and Ralph Clark. C. Effective Date. This Agreement shall become effective upon the date of execution, although the County’s salary obligation shall accrue from the first day of work. D. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. Section 15: GOVERNING LAW AND CONSENT TO JURISDICTION AND VENUE This Agreement shall be construed in accordance with the laws of the State of North Carolina. Any actions relating in any way to this contract shall be brought in the General Courts of Justice in the County of Person, State of North Carolina. Section 16: HEADINGS The subject headings of the paragraphs are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. Section 17: AUTHORITY The undersigned persons hereby verify that they have authority to enter into this contract and that action necessary to approve this contract has been taken as required by law. 80  4  Section 18: DRAFTING OF DOCUMENT AND RELIANCE BY PARTIES In negotiation, discussion and drafting of this contract, the parties have been advised to seek legal counsel for representation to the extent they desire and have been given the opportunity to do so. The parties warrant, represent and agree that they are not relying on the advice of any other party to this contract as to the legal or other consequences arising out of the negotiation and execution of this contract other than legal counsel to the extent they have chosen to consult legal counsel. This contract shall be deemed to have been drafted by both parties and for purposes of interpretation no presumptions shall be made to the contrary. The parties hereby further warrant that they have read all the terms hereof; that they are competent to sign this contract; that they fully understand the terms of this contract; and that they voluntarily agree to and accept the terms of this contract. IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement, in two (2) original counterparts, on this the 6th day of June, 2022. PERSON COUNTY ATTEST: BY: ____________________________ By: _______________________________ Gordon Powell Brenda Reaves Chair, Board of Commissioners Clerk to the Board of Commissioners INTERIM COUNTY MANAGER ___________________________ _________________ APPROVED as to form: This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. ____________________________________ S. Ellis Hankins Date __________________________________ Person County Attorney County Finance Director 81 AGENDA ABSTRACT Meeting Date: June 6, 2022 Agenda Title: Child Advocacy Center for Person County Summary of Information: A child advocacy center is a central location that provides a safe, child-focused environment where child protective services, the District Attorney’s Office, law enforcement, medical and mental health professionals, Juvenile Justice, child advocates, and other relevant community resources may share information and develop a coordinated strategy that seeks justice while also meeting the unique needs of each child and their non-offending family members. Person County community members who have been interested in starting a child advocacy center in Roxboro reached out to CrossRoads of Alamance to take on the project to establish this valuable community resource. The center in Roxboro would be opened as soon as a location can be secured and made ready. A potential location has already been identified. It is anticipated that the center would be approved as a provisional center within a short period of time, making other funds available from the State. Eventually the center would be an accredited stand-alone center fully operated and supported by the well-established foundation of CrossRoads. Estimated start-up expenditures will involve annual salary for a full-time advocate, percentages of existing staff salaries for time spent in serving Person County children and their families, phone service, internet service, mileage, rent, and necessary recording equipment lease for preserving forensic interviews of victims of abuse to be made available for potential prosecution. Recommended Action: A County investment of $100,000.00 in this community resource would enable CrossRoads to begin the work of establishing the center by staffing a local center in Person County. The estimated budget is likely to be 75% salaries, 14% Facilities (rent, utilities, etc.), and 11% Supplies, Travel, and Equipment. A detailed board-approved budget will be presented on June 6. Submitted By: Ronnie Dunevant and Jacqueline M. Perez 82