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.
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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.
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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
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April 18, 2022
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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.
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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.
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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.
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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).
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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.
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Mr. Clark said the proposed statewide tailored plan would be effective December
2022 and highlighted the following points of concern:
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Mr. Clark said there were strengths in the proposed plan as well.
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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.
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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.
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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.
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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).
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May 2, 2022
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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.
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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.
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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.
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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.
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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.
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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.
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39
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40
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41
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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.
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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:
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May 2, 2022
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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.
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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.
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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.
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34
A motion was made by Commissioner Gentry and carried 5-0 to approve Budget
Amendment #18, as presented by the County Manager.
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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.
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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.
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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.
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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.
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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.
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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
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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
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(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.
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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.
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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
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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.
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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
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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
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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
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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
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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.
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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,
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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.
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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
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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
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