03-23-2020 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
March 23, 2020
9:00am
CALL TO ORDER………………………………………………….. Chairman Jeffers
INVOCATION
PLEDGE OF ALLEGIANCE
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA
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.
ITEM #1
DISCUSSION/ADJUSTMENT/APPROVAL OF CONSENT AGENDA
A.Approval of Minutes of March 9, 2020,
B.Budget Amendment # 16,
C.Certificate of Clerk re: Approval of Tax-Exempt Loan to Timberlake Fire
and Rescue, Inc. from Roxboro Savings Bank,
D.Audit Contract for Fiscal Year 2020 with Elliott Davis in the amount of
$59,300, and
E.PATS Drug & Alcohol Policy Update
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NEW BUSINESS:
ITEM #2
Election of Vice Chairman ………………………………………….. Chairman Jeffers
ITEM #3
Broadband Project Update ………………………………………………Chris Puryear
ITEM #4
Resolution and Agreement for Banking Services with BB&T …… Amy Wehrenberg
ITEM #5
Update on Person County participation in the national
Opioid litigation ……………………………………………………………. Ron Aycock
ITEM #6
Appointments to Boards and Committees ……………………………. Brenda Reaves
CHAIRMAN’S REPORT
MANAGER’S REPORT
COMMISSIONER REPORTS/COMMENTS
Note: All Items on the Agenda are for Discussion and Action as deemed appropriate
by the Board.
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PERSON COUNTY BOARD OF COMMISSIONERS MARCH 9, 2020
MEMBERS PRESENT OTHERS PRESENT
B. Ray Jeffers Heidi York, County Manager
Jimmy B. Clayton Brenda B. Reaves, Clerk to the Board
Kyle W. Puryear C. Ronald Aycock, County Attorney
Gordon Powell
C. Derrick Sims
The Board of Commissioners for the County of Person, North Carolina, met in
regular session on Monday, March 9, 2020 at 9:00am in the Person County Office Building
Auditorium.
Chairman Jeffers called the meeting to order. Commissioner Powell offered an
invocation and Commissioner Clayton led the group in the Pledge of Allegiance.
DISCUSSION/ADJUSTMENT/APPROVAL OF AGENDA:
Chairman Jeffers noted the need to add a Closed Session to the agenda to discuss
economic development.
A motion was made by Commissioner Clayton and carried 4-0 to add a Closed
Session to the agenda to discuss economic development.
A motion was made by Commissioner Puryear and carried 4-0 to approve the
agenda as adjusted.
RECOGNITION OF LOCAL GOVERNMENT DAY:
Chairman Jeffers welcomed the Person High School students enrolled in civics and
economics participating in Local Government Day to observe the Board of County
Commissioners in session. Chairman Jeffers and Commissioners Clayton, Puryear and
Powell proceeded to introduce themselves and shared general information about the office
of a commissioner and general government. County Manager, Heidi York, Clerk to the
Board, Brenda Reaves and County Attorney, Ron Aycock also introduced themselves.
Other County staff present that introduced themselves included Chris Puryear, IT Director,
Charles Lunsford, IT Web Master, Sheriff Dewey Jones, Interim Assistant County
Manager/Assistant Finance Director and Budget Manager, Laura Jensen, Economic
Development Director, Sherry Wilborn, Planning Director, Lori Oakley, Kayla DiCristina,
Planner, General Services Director, Ray Foushee, Cooperative Extension Director, Bo
Freeman and District Court Judge for Judicial District 9A. Judge John Stultz.
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CANDIDATE NOMINATION FOR REPUBLICAN COMMISSIONER
VACANCY:
After discussing this appointment process at the Board’s February 18th meeting,
Chairman Jeffers sent a request for a nomination of a qualified person to the Person County
Republican Party Executive Committee. A nomination was received on February 20th for
Mr. Derrick Sims as the candidate for the Board to consider appointing.
Once the Board votes a candidate into the vacant commissioner seat, the candidate
will serve to the first meeting in December. NCGS163-115(d) requires that the
replacement to serve out the remainder of the unexpired term, be elected in the general
election. A nomination shall be made by the county executive committee of each political
party and the names of the nominees shall be printed on the general election ballots.
Chairman Jeffers asked the Board to consider appointment of the candidate to fulfill
the vacant seat to December 7, 2020 and request the Board of Elections to contact the
executive committees of each political party for a nomination for a name to appear on the
November General Election ballot to fulfill the unexpired term to December 2022.
A motion was made by Commissioner Puryear and carried 4-0 to appoint Charles
Derrick Sims to fulfill the republican vacancy on the board of commissioners to December
7, 2020.
SWEARING-IN CEREMONY:
Chairman Jeffers introduced the Honorable John Hoyte Stultz, III, District Court
Judge for Judicial District 9A. Judge Stultz administered the Oath of Office to Mr. Charles
Derrick Sims.
The Board and staff congratulated Commissioner Sims. Commissioner Sims, the
newest member of the commissioners, introduced himself to the audience.
A motion was made by Commissioner Clayton and carried 5-0 to authorize
Chairman Jeffers to request the Board of Elections to contact the executive committees of
each political party for a nomination for a name to appear on the November General
Election ballot to fulfill the unexpired term from December 2020 to December 2022.
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PUBLIC HEARING:
CONSIDERATION TO ENACT A MORATORIUM ORDINANCE FOR ALL NEW
SOLAR ENERGY SYSTEMS:
A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised public hearing for consideration to enact a Moratorium Ordinance for all new
solar energy systems.
County Attorney, Ron Aycock presented a Solar Energy Systems Development
Approval Moratorium Ordinance to the Board for consideration for adoption. He provided
an overview and explained the Board’s intent for the moratorium was for a period to allow
staff and the Board to determine the criteria for its own update to regulate solar farms. Mr.
Aycock stated the required notice was published for the Board to conduct its public hearing
to hear comments.
Speaking in favor of the proposal to enact a Moratorium Ordinance for all new solar
energy systems was the following individual:
Mr. Ray Foushee of 8930 Hurdle Mills Road, Hurdle Mills stated support of a
Moratorium Ordinance and for the Board to study ordinance regulations to curb the number
of solar farms in Person County. Mr. Foushee stated the Hurdle Mills community, a rural
unified community felt a proposed 350+ acres in solar farm was not a fit. He asked the
Board to regulate the sizes of solar farms with consideration to increase the buffers for
residential uses and property lines.
There were no individuals appearing before the Board to speak in opposition to the
proposal to enact a Moratorium Ordinance for all new solar energy systems.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for consideration to enact a Moratorium Ordinance for all new solar energy
systems.
CONSIDERATION TO GRANT OR DENY REQUEST FOR A SOLAR ENERGY
SYSTEMS DEVELOPMENT APPROVAL MORATORIUM ORDINANCE:
A motion was made by Commissioner Clayton and carried 5-0 to adopt a Solar
Energy Systems Development Approval Moratorium Ordinance, as presented.
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PUBLIC HEARING:
PETITION TA-01-20 REQUEST TO AMEND THE ORDINANCE REGULATING
AUTOMOBILE GRAVEYARDS AND JUNKYARDS TO REQUIRE SCREENING
OF JUNKYARDS AND AUTOMOBILE GRAVEYARDS FROM PUBLIC ROADS
AND FROM ADJACENT PROPERTIES THAT CONTAIN PUBLIC USES:
A motion was made by Commissioner Puryear and carried 5-0 to open the duly
advertised public hearing for a request to amend the Ordinance Regulating Automobile
Graveyards and Junkyards from public roads and from adjacent properties that contain
public uses.
Planning Director, Lori Oakley stated all state statutes and planning ordinance
requirements been met for this public hearing.
Ms. Oakley noted the proposed text amendment required legislative review by the
Board at a public hearing and the NC General Statutes required that when reviewing a text
amendment, the Board also include with their motion a statement as to whether the
proposed text amendment was reasonable and consistent.
Ms. Oakley introduced Petition TA-01-20, a request by the Person County Planning
staff on behalf of the Person County Board of Commissioners, to amend the Ordinance
Regulating Automobile Graveyards and Junkyards in Person County to require screening
of junkyards and automobile graveyards from public roads and from adjacent properties
that contain public uses.
Ms. Oakley said the current text requires junkyards and automobile graveyards to
be screened from public roads, adjacent properties containing dwellings and adjacent
properties containing public uses, such as schools and playgrounds. Existing vegetation
can be utilized to count towards the screening requirements.
The proposed text amendment requested to Sections Five, Six and Seven of the
Ordinance Regulating Automobile Graveyards and Junkyards in Person County will
require screening for junkyards and automobile graveyards from public roads and from
adjacent properties that contain public uses, such as schools, playgrounds and recreational
uses. “Recreational uses” was added to the text to further elaborate on examples of public
uses. Under the new text, screening will not be required along the perimeter of a parcel
that is adjacent to a dwelling if that area of parcel is not visible from a public road or public
use. Existing vegetation will continue to be allowed to be utilized to meet screening
requirements where applicable.
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Ms. Oakley stated the proposed text will be beneficial to properties that are larger
in size, in particular properties that have a junkyard or automobile graveyard on a smaller
portion of the property as the proposed text will not require the entire length of the side
yard or rear yard to be screened.
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Ms. Oakley stated Planning Staff recommended approval of TA-01-20. The
proposed text will amend screening requirements of junkyards and automobile graveyards
so that they are not visible from public roads and from adjacent properties that contain
public uses. Ms. Oakley included the following Statement of Reasonableness and
Consistency: The text amendment request is consistent with the Comprehensive Plan and
future planning goals and objectives of Person County. It is reasonable and in the public
interest as it will provide clear regulations in the Ordinance Regulating Automobile
Graveyards and Junkyards in Person County.
Ms. Oakley noted that at the February 13, 2020 Planning Board, at its meeting,
made two separate motions on the proposed text amendment, TA-01-20:
The Planning Board voted unanimously (7-0) to add the word “also” to the second
sentence in Section Six Applicability. Section Six will read: This Ordinance also applies to
all commercial and industrial uses.
The Planning Board also voted unanimously (7-0) to recommend denial of the
proposed text amendment. The board felt that the proposed language was not consistent
with the Comprehensive Plan and future planning goals and objectives of Person County.
The board stated that the proposed amendment is not reasonable and it is not in the public
interest.
Ms. Oakley asked the Board of Commissioners to vote to approve or deny the
requested text amendment TA-01-20 with or without the Planning Board’s
modifications/recommendations noting the Board must also include a Statement of
Reasonableness and Consistency with the motion.
County Manager, Heidi York reminded the group that the ordinance is enforceable
following staff review when a complaint was received.
Commissioner Clayton voiced his issue with the unintended consequences that the
proposed text amendment may affect.
Commissioner Puryear stated the proposed text amendment would give more
latitude to the Planning Director on a case-by-case basis.
Speaking in favor of the request to amend the Ordinance Regulating Automobile
Graveyards and Junkyards from public roads and from adjacent properties that contain
public use were the following:
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Mr. Larry Weaver of 2028 Lucy Garrett Rd, Roxboro stated he was in favor of the
proposed text amendment as he advocated to have the right to do what he wanted to do on
this own property. He described a neighborly feud with the adjacent property owner to the
rear of the property and his desire to not screen his property on all four sides. Mr. Weaver
noted he had screened his collectible car projects from the view of Lucy Garrett Rd on the
front and partial side of this property already.
Mr. Paul Weaver of 838 McGhees Mill Rd, Roxboro, and the son of Mr. Larry
Weaver, said he listed on his property tax the non-registered frames, trailers and body parts
that lay in progress for construction. He also stated he restores cars and farm equipment.
Mr. Weaver stated opposition to a neighbor harassing his father by complaining for his
property to be screened on all sides.
There were no individuals appearing before the Board to speak in opposition to the
request to amend the Ordinance Regulating Automobile Graveyards and Junkyards from
public roads and from adjacent properties that contain public uses.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for a request to amend the Ordinance Regulating Automobile Graveyards and
Junkyards from public roads and from adjacent properties that contain public uses.
CONSIDERATION TO GRANT OR DENY REQUEST TO AMEND THE
ORDINANCE REGULATING AUTOMOBILE GRAVEYARDS AND
JUNKYARDS FROM PUBLIC ROADS AND FROM ADJACENT PROPERTIES
THAT CONTAIN PUBLIC USES:
A motion was made by Commissioner Puryear to disagree with the Planning Board
recommendation and to grant the request to amend the Ordinance Regulating Automobile
Graveyards and Junkyards from public roads and from adjacent properties that contain
public uses per staff recommendation noting the request is consistent with the Person
County Land Use Plan and future planning goals of the county, is reasonable, and in the
public interest as it meets several objectives listed in the Person County Land Use Plan.
A substitute motion was made by Commissioner Clayton and failed 2-3 to table
action until next month to allow time to review the ordinance for unintended consequences
for individuals refurbishing collectible cars, and complaints for a farm with equipment not
in plain view for an adjacent property owner as well as halt enforcement until action was
taken. Chairman Jeffers and Commissioner Clayton voted in support of the substitute
motion. Commissioners Puryear, Powell and Sims voted in opposition of the substitute
motion.
The original motion carried 5-0 to enact the text amendment.
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PUBLIC HEARING:
PETITION TA-02-20 REQUEST TO AMEND ARTICLE VII SECTION 74
PROCEDURE FOR SPECIAL USE PERMITS AND APPENDIX C TABLE OF
PERMITTED USES OF THE PLANNING ORDINANCE TO REVISE THE
CAMPER/RECREATIONAL VEHICLE PARK INTERNAL STREET PAVING
STANDARDS:
A motion was made by Commissioner Sims and carried 5-0 to open the duly
advertised public hearing for a request to Amend Article VII Section 74 Procedure for
Special Use Permits and Appendix C Table of Permitted Uses of the Planning Ordinance
to Revise the Camper/Recreational Vehicle Park Internal Street Paving Standards.
Planning Director, Lori Oakley introduced County Planner, Kayla DiCristina who
would be presenting this case, TA-02-20.
Ms. DiCristina stated all state statutes and planning ordinance requirements were
met for this public hearing.
Ms. DiCristina noted the proposed text amendment required legislative review by
the Board at a public hearing and that the NC General Statutes required that when
reviewing a text amendment, the Board also include with their motion a statement as to
whether the proposed text amendment was reasonable and consistent.
Ms. DiCristina explained the request, TA-02-20 by the Person County Planning
Department staff on behalf of the Person County Planning Board to amend Article VII
Section 74 Procedure for Special Use Permits and Appendix C Table of Permitted Uses of
the Person County Planning Ordinance in order to revise the current Camper/Recreational
Vehicle Park internal street paving standards noting in the fall of 2019 the Person County
Planning Board directed Planning Department staff to research paving standards for
camper/recreational vehicle parks in surrounding jurisdictions. Following review of the
compiled research, the board members wanted to implement similar camper/recreational
vehicle park paving standards to those in place in Franklin County, North Carolina. These
regulations provide paving standards for roads in camper/recreational vehicle parks that
are similar to those applied to paving standards for private roads within subdivisions. The
amendments requested to Article VII Section 74 clarify when street paving is required for
internal streets in Camper/Recreational Vehicle Parks and to what standard gravel roads
must be constructed. The amendment requested to Appendix C Table of Permitted Uses
provides a reference for applicants to efficiently locate Camper/Recreational Vehicle Park
Requirements.
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Ms. DiCristina said that the Planning Board, at its meeting on February 13, 2020,
voted 7-0 to approve the requested text amendment TA-02-20 with a recommendation to
modify the proposed language in Section 74-1B Subsection 4(a). This approval also
included the following Statement of Reasonableness and Consistency: The request is
consistent with the Person County Land Use Plan and future-planning goals of the county,
is reasonable, and in the public interest as it meets several objectives listed in the Person
County Land Use Plan. Specifically, Objective 3.2 to ensure that streets within new
developments are properly designed, built, and maintained.
Ms. DiCristina stated Planning Staff recommended approval of TA-02-20 with the
Planning Board’s modifications. The proposed text amendment will provide clarity for
applicants and provides regulations for campers that are similar to private road standards
for subdivisions.
Ms. DiCristina requested the Board of Commissioners to vote to approve or deny
the requested text amendment, TA-02-20, with or without the Planning Board’s
modifications as well as include a Statement of Reasonableness and Consistency with the
motion.
Chairman Jeffers confirmed with Ms. DiCristina that a RV lot serving six or more
lots, the road(s) would have to be paved. Ms. DiCristina stated the Planning Board was
concerned about the noise from the movement of the recreational vehicles to be a nuisance.
Ms. DiCristina stated the proposed amendment would be for any future new construction
applications and that this amendment would not be applicable to any RV parks that exist.
There were no individuals appearing before the Board to speak in favor of or in
opposition to the request to Amend Article VII Section 74 Procedure for Special Use
Permits and Appendix C Table of Permitted Uses of the Planning Ordinance to Revise the
Camper/Recreational Vehicle Park Internal Street Paving Standards.
A motion was made by Commissioner Puryear and carried 5-0 to close the public
hearing for a request to Amend Article VII Section 74 Procedure for Special Use Permits
and Appendix C Table of Permitted Uses of the Planning Ordinance to Revise the
Camper/Recreational Vehicle Park Internal Street Paving Standards.
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CONSIDERATION TO GRANT OR DENY REQUEST TO AMEND ARTICLE VII
SECTION 74 PROCEDURE FOR SPECIAL USE PERMITS AND APPENDIX C
TABLE OF PERMITTED USES OF THE PLANNING ORDINANCE TO REVISE
THE CAMPER/RECREATIONAL VEHICLE PARK INTERNAL STREET
PAVING STANDARDS:
A motion was made by Commissioner Puryear and carried 4-1 to deny the request
to amend Article VII Section 74 Procedure for Special Use Permits and Appendix C Table
of Permitted Uses of the Planning Ordinance noting the request was not consistent with the
Person County Land Use Plan and future planning goals of the county. It is not reasonable
and not in the public interest as it does not meet the objectives listed in the Person County
Land Use Plan. Commissioner Clayton cast the lone dissenting vote.
INFORMAL COMMENTS:
The following individual appeared before the Board to make informal comments:
Mr. Jason West of 1802 Jack Pointer Rd.,Semora made an emotional plea with the
Board of Commissioners to review his appeal related to his one-year suspension from all
Recreation Department activities because of his actions during a youth game in 2019. Mr.
West stated on the day of question, he asked the umpire for the game time and when he
questioned his response, he was ejected from the game without a warning. Mr. West stated
he has four children, three of which participate in county recreational programs. He added
he was a coach for eleven years and felt the accusations of his behavior were unfair.
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 January 21, 2020,
B. Approval of Minutes of February 3, 2020,
C. Approval of Minutes of February 18, 2020, and
D. Budget Amendment #15
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NEW BUSINESS:
FY2020 ROAP REALLOCATIONS:
Ms. Laura Jensen, Interim Assistant County Manager stated the NCDOT released
ROAP funds for FY2020, but changed the requirements for allocating funds than what was
originally anticipated. Originally, transit systems were to have the ability to use funds in
categories that best fit the needs of their service. Now, systems must use funds as allocated
by NCDOT. Staff recommended the following sub allocations to the Transportation
Advisory Board at their March 4, 2020 meeting, which the TAB approved:
Agency
FY2020
Original
Allocations
FY2020
Recommended
Reallocations
Percentage of
Program Allocation
PATS
RGP $84,353.27 $85,416.00 100%
EDTAP $39,796.26 $33,154.20 45%
Employment $0.00 $9,269.76 71%
PATS Total $124,149.53 $127,839.96
Senior Center
EDTAP $13,000 $11,051.40 15%
Senior Center
Total $13,000.00 $11,051.40
Person Industries
EDTAP $35,000.00 $29,470.40 40%
Employment $0.00 $3,786.24 29%
PI Total $35,000.00 $33,256.64
Ms. Jensen requested the Board to approve the reallocations as approved by the
Transportation Advisory Board
A motion was made by Commissioner Puryear and carried 5-0 to approve the
FY2020 ROAP reallocations, as presented.
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CHAIRMAN’S REPORT:
Chairman Jeffers announced the Board of Commissioners, or a potential majority,
would be joining the Person County Farm Bureau’s board meeting this date starting at
7:00pm at the Farm Bureau office located on Winhaven Street, Roxboro.
Chairman Jeffers reported the NACo's South Region Caucus elected him to fulfill
a term to 2021 as the new NACo South Region Representative for twelve states which
allows him to be a member of the NACo board of directors as well as gives Person County
a seat setting federal policy. He added he met the President of the United States, Donald
Trump as well as key liaisons in the President’s Administration.
Chairman Jeffers congratulated the Timberlake Volunteer Fire Department (VFD)
on lowering their district ISO fire rating from a 9 to a 4 and commended their efforts to do
so. He indicated that other VFDs have plans to be reviewed for a lower ISO fire rating
within the next year.
Chairman Jeffers rescinded his request to his fellow commissioners to take on the
duties of former commissioner David Newell, Sr.’s board and committee assignments
noting he was asking Commissioner Sims to take on the board and committee assignments
for the Animal Services Committee, the Library Board, the PATS Transportation Advisory
Board, the Person County Partnership for Children Board and the Person County Senior
Center Advisory Committee.
Chairman Jeffers asked if a local Taskforce related to the impact of the Coronavirus
was needed. County Manager, Heidi York stated she recently met with the Health Director,
Janet Clayton and the Human Resources Director Lisa Alston. She said the plan was to
reach out to county medical partners to informally share information and resources. She
added a weekly update to employees via email is expected.
Chairman Jeffers addressed the informal comments of Mr. Jason West as he is the
commissioner representative on the Recreation Advisory Board; he said Mr. West
appealed his suspension to the Recreation Disciplinary Committee and the suspension was
upheld. Chairman Jeffers said the Board of Commissioners was not set as an appeal
authority to the Recreation Advisory Board even though the Board appoints those
members. Chairman Jeffers questioned the authority of an advisory board and asked
commissioners to provide feedback to him as deemed appropriate.
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MANAGER’S REPORT:
County Manager, Heidi York announced the hiring of a director for the PATS
department, Mr. Kurt Neufang. She added interviews were held for the position of Fire
Marshal with an announcement forthcoming. Ms. York said she would be meeting the next
two weeks with all county departments as well as the schools and PCC hearing budget
requests that will be considered for the Manager’s Recommended Budget which will be
delivered to the Board in May.
COMMISSIONER REPORT/COMMENTS:
Commissioner Powell had no report.
Commissioner Clayton congratulated Chairman Jeffers on his appointment with
NACo as the South Region Representative. Commissioner Clayton stated while at the
NACo legislative conference he attended the Environmental Committee meeting noting
approval nationwide for push back of the rules for the Waters of the US.
Commissioner Puryear had no report.
Commissioner Sims thanked his fellow commissioners for their support of his
nomination.
CLOSED SESSION #1
A motion was made by Commissioner Clayton and carried 5-0 to enter into Closed
Session at 10:44am per General Statute 143-318.11(a)(4) for the purpose of discussion of
matters relating to the location or expansion of industries or other businesses in the county
(economic development) with the following individuals permitted to attend: County
Manager, Heidi York, Clerk to the Board, Brenda Reaves, County Attorney, Ron Aycock
and Economic Development Director, Sherry Wilborn. Chairman Jeffers stated the Board
would take a 15-minute recess and reconvene for the Closed Session in the Board usual
meeting room 215.
Chairman Jeffers called the Closed Session to order at 10:55am. Commissioner
Puryear was absent from the Closed Session.
A motion was made by Commissioner Sims and carried 5-0 to return to open
session at 11:07am.
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RECESS:
A motion was made by Commissioner Powell and carried 5-0 to recess the
meeting at 11:07am until 7:00pm with the Person County Farm Bureau Board at its Office
on Winhaven Street, Roxboro.
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Chairman Jeffers called the recessed meeting to order at 7:00pm at the Person
County Farm Bureau Offices located on Winhaven Street, Roxboro. He thanked the
Person County Farm Bureau Board of Directors for inviting the Board of Commissioners
to have a discussion related to the impact of solar farms in Person County.
In attendance from the Board of Commissioners were Chairman Jeffers and
Commissioners Powell and Clayton. In attendance for the Person County Farm Bureau
were: President Coleman Whitfield, Vice-President Jimmy Thomas, Secretary John
Foushee, Roy Carver, Donnie Clayton, Mickey Clayton, Atwill Day, Derek Day, Alan
Lawson, Allan Newton, Sharon Rogers, and Phillip Whitfield. Also in attendance were
David Thomas and Hunter Thomas, YF&R members, Tadashi Totten, District 5 Field
Representative, Harry Walters, Agency Manager and Melisa Barker, County Liaison.
Chairman Jeffers informed the Farm Bureau Board that a moratorium has been
enacted to find an ordinance for pertaining to solar farms and he asked the Farm Bureau
representatives to provide input from what they thought farmers across the county may
want or not want to happen in regard to solar farms.
Commissioner Powell continued by saying that he felt Person County has reached
saturation and he mentioned that one concern would be requirements on returning farms to
their original state.
Commissioner Clayton went on the say that solar farms started out at just a couple
of hundred acres and have now expanded so limiting the size of tracts could be part of
possible regulations set forth.
The concerns mentioned are why the Board of Commissioners has asked for input
and guidance from farmers but also stressed that the state will ultimately decide on what
regulations will be developed. Chairman Jeffers urged that the Commissioners would like
to promote responsible growth in the county.
The Farm Bureau Board asked questions and had some discussion pertaining to
some of the concerns that were mentioned by the commissioners and were asked to develop
a list to present to the Board of Commissioners that may be used for developing regulations
and deciding the future for solar farms in Person County.
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President Coleman Whitfield thanked the commissioners for coming and told them
the board would deliberate at the next scheduled meeting.
ADJOURNMENT:
A motion was made by Commissioner Powell and carried 3-0 to adjourn the
meeting at 8:00pm.
_____________________________ ______________________________
Brenda B. Reaves B. Ray Jeffers
Clerk to the Board Chairman
(Draft Board minutes are subject to Board approval).
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3/23/2020
Dept./Acct No.Department Name Amount
Incr / (Decr)
EXPENDITURES General Fund
Public Safety 780
Human Services 18,615
Self-Funded Health Insurance Fund 40,000
REVENUES General Fund
Investment Earnings 6,000
Charge for Services 34,000
Intergovernmental 18,545
Other Revenues 850
Explanation:
BUDGET AMENDMENT
Receipt of donations to Animal Services ($780); receipt of donation for DSS foster care program ($70);
adjustments to DSS intergovernmental revenues ($18,545); appropriating available interest earned ($6,000)
and charges for services ($34,000) in the Self-Funded Health Insurance Fund to support Health Plan
Administration costs.
BA‐1621
COUNTY APPROVAL
STATE OF NORTH CAROLINA
COUNTY OF Person
CERTIFICATE OF CLERK RE APPROVAL OF TAX‐EXEMPT LOAN TO VOLUNTEER
FIRE DEPARTMENT BY BOARD OF COMMISSIONERS
The undersigned, being the duly qualified Clerk of Person County, North Carolina, does hereby
certify that the following is a true and accurate copy of a Resolution passed by the Board of
Commissioners of Person County, North Carolina, at its regular meeting on the 23rd day of
March, 2020, which Resolution was duly introduced, seconded, and approved, and that said
Resolution remains in full force and effect:
NOW, THEREFORE, BE IT HEREBY RESOLVED, that the Board of Commissioners of Caswell
County, North Carolina does hereby approve (within the scope of the qualifying language set
forth below) a tax‐exempt loan to the Timberlake Fire and Rescue, Inc. (the “VFD”) from
Roxboro Savings Bank, SSB in the principal amount of up to $140,000, which loan is for the
following purpose:
For the purchase of a Spartan Motors Metrostar EMFD Cab and Chassis and attached Four Guys
1500 GPM Pumper for the VFD, which will be owned and operated by the VFD at the following
address:
350 Ashley Avenue, Timberlake, NC 27583
RESOLVED, FUTHER, that the approval of the loan to the VFD set forth above is given solely for
purposes of the public approval requirements for tax‐exempt financing applicable to the VFD
because of Section 150 (e) (3) and Section 147 (f) of the Internal Revenue Code of 1986, as
amended, and such approval does not obligate the County of Person or its Board of
Commissioners in any way regarding repayment of the debt.
Duly certified by the execution hereof and the placing hereon of the seal of said County, this
the 23rd day of March, 2020.
_____________________________________________
(SEAL) Brenda B. Reaves, Clerk of the Board of Commissioners
Person County, North Carolina
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Installment Financing Agreement Proposal for:
Timberlake Volunteer Fire Department
Purpose: Finance the purchase of a new fire truck.
Principal Amount: Up to $140,000.00
Term: 10 Years (120 months)
Interest Rate: 3.359% fixed for a period of ten years.
The proposed interest rate is contingent upon receipt of Tax‐Exempt Loan Certification from the Person
County Board of County Commissioners. If the VFD desires to consider a shorter loan term (less than 10
years), a lower interest rate could be expected. Please inquire if you wish to consider.
Payments: Your option of annual, semi‐annual, quarterly, or monthly installments.
If annual payment is requested, your installment would be approximately $16,715.76, beginning 12 months
from the loan date.
Prepayment: No penalty for prepayment in part or in full at any time during the life of the loan.
Collateral: A first lien security interest in the property owned by TVFD located at 350 Ashley Avenue,
Timberlake, NC 27583.
Fees: A $250.00 bank origination fee shall be collected at closing. Other fees associated with the
transaction including an appraisal fee in the amount of $1,000.00, attorney and title fees using the attorney
chosen by the borrower, and other ancillary fees will be the responsibility of the borrower.
Roxboro Savings Bank, SSB reserves the right to amend or withdraw this proposal upon receipt and review
of all pertinent financial and collateral documentation customarily obtained for commercial loan
underwriting. The terms proposed assume closing of the transaction within 45 days of this proposal.
Respectfully submitted for consideration on March 16, 2020.
Kendall Shaw
Kendall Shaw
Vice President
Phone: (336)599‐1096
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AGENDA ABSTRACT
Meeting date:
March 23, 2020
Consent Agenda Title:
Audit Contract for Fiscal Year 2020
Summary of Information:
As required annually, Mr.Thomas J. McNeish, CPA from the County’s current
auditing firm, has submitted an audit contract and engagement letter for the
County’s FY2020 audit work. The audit fee established for the FY2020 report is
$59,300, per the three year contract agreed upon in spring 2018.
This contract does not include the agreed-upon procedures for the Medicaid audit
required by the State Auditor’s Office. Once we receive notification from the
State about the Medicaid audit requirements, the auditor will submit a separate
contract for approval.
Once approved for both audit engagements, these costs will be part of the Person
County’s Adopted Budget for FY2021. Please see attached documents that
include a more in-depth description of the audit services they will provide for this
reporting period.
Recommended Action:
Approve the contract and execute the associated documents for Person County’s
audit services for fiscal year ending June 30, 2020.
Submitted By:
Amy Wehrenberg, Finance Director
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March 2, 2020
To the Board of Commissioners and Management
Person County, North Carolina
Roxboro, North Carolina
The Objective and Scope of the Audit of the Financial Statements
You have requested that we audit Person County’s (the County) governmental activities, business-type activities,
aggregate discretely presented component units, each major fund, and the aggregate remaining fund information
as of and for the year ending June 30, 2020, which collectively comprise the basic financial statements. We are
pleased to confirm our understanding of this audit engagement by means of this letter.
Our audit will be conducted with the objective of our expressing an opinion on the financial statements.
We will also perform the audit of County as of June 30, 2020 so as to satisfy the audit requirements imposed by the
Single Audit Act and Subpart F of Title 2 U.S. Code of Federal Regulations (CFR) Part 200, Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards (Uniform Guidance), and the State Single
Audit Implementation Act.
The Responsibilities of the Auditor
We will conduct our audit in accordance with auditing standards generally accepted in the United States of America
(GAAS); Government Auditing Standards issued by the Comptroller General of the United States (GAS); the provisions
of the Single Audit Act; Subpart F of Title 2 U.S. CFR Part 200, Uniform Administrative Requirements, Cost Principles,
and Audit Requirements for Federal Awards; the U.S. Office of Management and Budget’s (OMB) Compliance
Supplement; and the State Single Audit Implementation Act. Those standards circulars, and supplements require
that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free
from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts
and disclosures in the financial statements. The procedures selected depend on the auditor’s judgment, including
the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. An
audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant
accounting estimates made by management, as well as evaluating the overall presentation of the financial
statements.
Because of the inherent limitations of an audit, together with the inherent limitations of internal control, an
unavoidable risk that some material misstatements may not be detected exists, even though the audit is properly
planned and performed in accordance with GAAS. Also, an audit is not designed to detect errors or fraud that are
immaterial to the financial statements. The determination of abuse is subjective; therefore, GAS does not expect us
to provide reasonable assurance of detecting abuse.
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In making our risk assessments, we consider internal control relevant to the County’s preparation and fair
presentation of the financial statements in order to design audit procedures that are appropriate in the
circumstances but not for the purpose of expressing an opinion on the effectiveness of the County’s internal control.
However, we will communicate to you in writing concerning any significant deficiencies or material weaknesses in
internal control relevant to the audit of the financial statements that we have identified during the audit.
We will also communicate to the Board of Commissioners (a) any fraud involving senior management and fraud
(whether caused by senior management or other employees) that causes a material misstatement of the financial
statements that becomes known to us during the audit, and (b) any instances of noncompliance with laws and
regulations that we become aware of during the audit (unless they are clearly inconsequential).
We are responsible for performing the compliance audit of major programs under the Uniform Guidance, including
the determination of major programs, the consideration of internal control over compliance, and reporting responsibilities.
Our reports on internal control will include any significant deficiencies and material weaknesses in controls of which
we become aware as a result of obtaining an understanding of internal control and performing tests of internal
control consistent with requirements of the standards and regulations identified above. Our reports on compliance
matters will address material errors, fraud, abuse, violations of compliance obligations, and other responsibilities
imposed by state and federal statutes and regulations or assumed by contracts; and any state or federal grant,
entitlement or loan program questioned costs of which we become aware, consistent with requirements of the
standards and regulations identified above.
The Responsibilities of Management and Identification of the Applicable Financial Reporting Framework
Our audit will be conducted on the basis that management acknowledges and understands that they have
responsibility:
1. For the preparation and fair presentation of the financial statements in accordance with accounting
principles generally accepted in the United States of America;
2. To evaluate subsequent events through the date the financial statements are issued or available to be
issued, and to disclose the date through which subsequent events were evaluated in the financial
statements. Management also agrees that it will not evaluate subsequent events earlier than the date of
the management representation letter referred to below;
3. For the design, implementation and maintenance of internal control relevant to the preparation and fair
presentation of financial statements that are free from material misstatement, whether due to fraud or
error;
4. For establishing and maintaining effective internal control over financial reporting, and for informing us of
all significant deficiencies and material weaknesses in the design or operation of such controls of which it has knowledge;
5. For report distribution; and
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6. To provide us with:
a. Access to all information of which management is aware that is relevant to the preparation and fair
presentation of the financial statements such as records, documentation and other matters;
b. Additional information that we may request from management for the purpose of the audit; and
c. Unrestricted access to persons within the entity from whom we determine it necessary to obtain audit
evidence;
As part of our audit process, we will request from management written confirmation concerning representations
made to us in connection with the audit, including among other items:
1. That management has fulfilled its responsibilities as set out in the terms of this letter; and
2. That it believes the effects of any uncorrected misstatements aggregated by us during the current engagement
and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the
financial statements taken as a whole.
Management is responsible for identifying and ensuring that the County complies with the laws and regulations
applicable to its activities, and for informing us about all known material violations of such laws or regulations. In
addition, management is responsible for the design and implementation of programs and controls to prevent and
detect fraud or abuse, and for informing us about all known or suspected fraud or abuse affecting the entity involving
management, employees who have significant roles in internal control, and others where the fraud or abuse could
have a material effect on the financial statements or compliance. Management is also responsible for informing us
of its knowledge of any allegations of fraud or abuse, or suspected fraud or abuse, affecting the entity received in
communications from employees, former employees, analysts, regulators or others.
Management is responsible for the preparation of the supplementary information in accordance with accounting
principles generally accepted in the United States of America. Management agrees to include the auditor’s report
on the supplementary information in any document that contains the supplementary information and indicates that
the auditor has reported on such supplementary information. Management also agrees to present the
supplementary information with the audited financial statements or, if the supplementary information will not be
presented with audited financial statements, to make the audited financial statements readily available to the
intended users of the supplementary information no later than the date of issuance of the supplementary
information and the auditor’s report thereon.
Because the audit will be performed in accordance with the Single Audit Act, the Uniform Guidance, and the State
Single Audit Implementation Act, management is responsible for (a) identifying all federal and state awards received
and expended; (b) preparing the schedule of expenditures of federal and state awards (including notes and noncash
assistance received) in accordance with Uniform Guidance requirements; (c) internal control over compliance; (d)
compliance with federal statutes, regulations, and the terms and conditions of federal and state awards; (e) making us aware of significant vendor relationships where the vendor is responsible for program compliance; (f) following
up and taking corrective action on audit findings, including the preparation of a summary schedule of prior audit
findings and a corrective action plan; and (g) submitting the reporting package and data collection form.
The Board of Commissioners is responsible for informing us of its views about the risks of fraud or abuse within the
entity, and its knowledge of any fraud or abuse or suspected fraud or abuse affecting the entity.
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Our association with an official statement is a matter for which separate arrangements will be necessary. The County
agrees to provide us with printer’s proofs or masters of such offering documents for our review and approval before
printing, and with a copy of the final reproduced material for our approval before it is distributed. In the event our
auditor/client relationship has been terminated when the County seeks such consent, we will be under no obligation
to grant such consent or approval.
The County agrees that it will not associate us with any public or private securities offering without first obtaining
our consent. Therefore, the County agrees to contact us before it includes our reports, or otherwise makes reference
to us, in any public or private securities offering.
We agree that our association with any proposed offering is not necessary, providing the County agrees to clearly
indicate that we are not associated with the contents of any such official statement or memorandum. The County
agrees that the following disclosure will be prominently displayed in any such official statement or memorandum:
Elliott Davis, PLLC, our independent auditor, has not been engaged to perform, and has not performed, since the
date of its report included herein, any procedures on the financial statements addressed in that report. Elliott Davis,
PLLC also has not performed any procedures relating to this official statement or memorandum.
Because Elliott Davis, PLLC will rely on the County and its management and Board of Commissioners to discharge the
foregoing responsibilities, the County holds harmless and releases Elliott Davis, PLLC and its partners and employees
from all claims, liabilities, losses and costs arising in circumstances where there has been a knowing
misrepresentation by a member of the County’s management that has caused, in any respect, Elliott Davis, PLLC’s
breach of contract or negligence. This provision shall survive the termination of this arrangement for services.
Records and Assistance
If circumstances arise relating to the condition of the County’s records, the availability of appropriate audit evidence
or indications of a significant risk of material misstatement of the financial statements because of error, fraudulent
financial reporting or misappropriation of assets which, in our professional judgment, prevent us from completing
the audit or forming an opinion, we retain the unilateral right to take any course of action permitted by professional
standards, including declining to express an opinion or issue a report, or withdrawing from the engagement.
During the course of our engagement, we may accumulate records containing data that should be reflected in the
County’s books and records. The County will determine that all such data, if necessary, will be so reflected.
Accordingly, the County will not expect us to maintain copies of such records in our possession.
The assistance to be supplied by County personnel, including the preparation of schedules and analyses of accounts,
will be discussed and coordinated with you. The timely and accurate completion of this work is an essential condition
to our completion of the audit and issuance of our audit report.
In connection with our audit, you have requested us to perform certain non-audit services, including drafting of the
basic financial statements, footnotes, and the schedule of expenditures of federal and state awards. The GAS independence standards require that the auditor maintain independence so that opinions, findings, conclusions,
judgments and recommendations will be impartial and viewed as impartial by reasonable and informed third parties.
Before we agree to provide a non-audit service to the County, we determine whether providing such a service would
create a significant threat to our independence for GAS audit purposes, either by itself or in aggregate with other
non-audit services provided. A critical component of our determination is consideration of management’s ability to
effectively oversee the non-audit services to be performed. The County has agreed that Amy Wehrenberg, Finance
Director possesses suitable skill, knowledge or experience and that the individual understands the non-audit services
to be performed sufficiently to oversee them. Accordingly, the management of the County agrees to the following:
1. The County has designated Amy Wehrenberg, Finance Director as a senior member of management who
possesses suitable skill, knowledge and experience to oversee the services;
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2. Amy Wehrenberg, Finance Director will assume all management responsibilities for subject matter and scope
of the non-audit services described above;
3. The County will evaluate the adequacy and results of the services performed; and
4. The County accepts responsibility for the results and ultimate use of the services.
GAS further requires that we establish an understanding with the County’s management of the objectives of the
non-audit services, the services to be performed, the entity’s acceptance of its responsibilities, the auditor’s
responsibilities and any limitations of the non-audit services. We believe this letter documents that understanding.
Other Relevant Information
Elliott Davis, PLLC may mention Person County by name and provide a general description of the engagement in
Elliott Davis, PLLC’s client lists and marketing materials.
In accordance with GAS, a copy of our most recent peer review report has been provided to you.
Fees, Costs, and Access to Workpapers
Our fees for the services described above are based upon the value of the services performed and the time required
by the individuals assigned to the engagement plus directly billed expenses. Our fee for the audit, preparation of the
basic financial statements and combining and individual fund financial statements, the County’s schedule of
expenditures of federal and state awards, and the preparation and submission of the Data Collection for the Federal
Audit Clearinghouse will be $59,300. Our fees and completion of our work is based upon the following criteria:
1. Anticipated cooperation from County personnel
2. Timely responses to our inquiries
3. Timely completion and delivery of client assistance requests and information to be prepared by you as described
in item 6 below
4. Timely communication of all significant accounting and financial reporting matters
5. The assumption that unexpected circumstances will not be encountered during the engagement
6. You will prepare the transmittal letter, managements discussions and analysis, and provide accurate listings
for accrual items and all information necessary for the statistical tables
7. All general ledger balances and activity comprising the County’s trial balances by fund have been properly
reconciled to supporting subsidiary ledgers, and all trial balances can be readily compiled into the CAFR statements, schedules, and the schedule of expenditures of federal and state awards.
If any of the aforementioned criteria are not met, then fees may increase. Interim billings will be submitted as work
progresses and as expenses are incurred. Billings are due upon submission.
As you may be aware the Office of State Auditor (OSA) has had several position changes within recent fiscal years
on reporting and testing requirements for direct benefits which have led to uncertainty in predicting major programs
on an annual basis. The above fees reflect our estimate for compliance testing of up to 5 major federal programs
and up to 2 major state programs based on the OSA requirements that were imposed for the fiscal year ending June
30, 2019. If the OSA revisions to these requirements result in additional programs having to be tested we will discuss
those potential scope and fee changes as soon as they become known and prior to incurring any additional costs.
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In the event you terminate this engagement, you will pay Elliott Davis, PLLC for all services rendered (including
deliverables and products delivered), expenses incurred and commitments made by Elliott Davis, PLLC through the
effective date of termination.
When an engagement has been suspended at the request of management or those charged with governance and
work on that engagement has not recommenced within 120 days of the request to suspend our work, Elliott Davis,
PLLC may, at its sole discretion, terminate this arrangement letter without further obligation to the County.
Resumption of audit work following termination may be subject to our client acceptance procedures and, if resumed,
will necessitate additional procedures not contemplated in this arrangement letter. Accordingly, the scope, timing
and fee arrangement discussed in this arrangement letter will no longer apply. In order for Elliott Davis, PLLC to
recommence work, a new arrangement letter would need to be mutually agreed upon and executed.
Our professional standards require that we perform certain additional procedures, on current and previous years’ engagements, whenever a shareholder, principal or professional employee leaves the firm and is subsequently
employed by or associated with a client in a key position. Accordingly, the County agrees it will compensate Elliott
Davis, PLLC for any additional costs incurred as a result of the County’s employment of a shareholder, principal or
professional employee of Elliott Davis, PLLC.
The audit documentation for this engagement is the property of Elliott Davis, PLLC and constitutes confidential
information.
Review of audit documentation by a successor auditor or as part of due diligence will be agreed to, accounted for
and billed separately.
In the event we are requested or authorized by the County or are required by government regulation, subpoena or
other legal process to produce our documents or our personnel as witnesses with respect to our engagement for
the County, the County will, so long as we are not a party to the proceeding in which the information is sought,
reimburse us for our professional time and expenses, as well as the fees and expenses of our counsel, incurred in
responding to such requests.
The documentation for this engagement is the property of Elliott Davis, PLLC. However, you acknowledge and grant
your assent that representatives of the cognizant or oversight agency or their designee, other government audit
staffs, and the U.S. Government Accountability Office shall have access to the audit documentation upon their
request and that we shall maintain the audit documentation for a period of at least three years after the date of the
report, or for a longer period if we are requested to do so by the cognizant or oversight agency. Access to requested
documentation will be provided under the supervision of Elliott Davis, PLLC audit personnel and at a location
designated by our firm.
You have informed us that you intend to prepare a comprehensive annual financial report (CAFR) and submit it for
evaluation by the Government Finance Officers Association’s Certificate of Achievement for Excellence in Financial
Reporting program. Our association with the CAFR is to consist of preparing the basic financial statements,
combining and individual fund financial statements, and compliance reports, and reading, referencing and reviewing information presented in the introductory section, management’s discussion and analysis and the statistical sections
for consistency with the financial statements.
Claim Resolution
Person County and Elliott Davis, PLLC agree that no claim arising out of services rendered pursuant to this
arrangement letter shall be filed more than the earlier of two years after the date of the audit report issued by Elliott
Davis, PLLC or the date of this arrangement letter if no report has been issued. In no event shall either party be liable
to the other for claims of punitive, consequential, special, or indirect damages. Elliott Davis, PLLC’s liability for all
claims, damages and costs of the County arising from this engagement is limited to the amount of fees paid by the
County to Elliott Davis, PLLC or the services rendered under this arrangement letter.
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Information Security - Miscellaneous Terms
Elliott Davis, PLLC is committed to the safe and confidential treatment of the County’s proprietary information. Elliott
Davis, PLLC is required to maintain the confidential treatment of client information in accordance with relevant
industry professional standards which govern the provision of services described herein. The County agrees that it
will not provide Elliott Davis, PLLC with any unencrypted electronic confidential or proprietary information, and the
parties agree to utilize commercially reasonable measures to maintain the confidentiality of the County’s
information, including the use of collaborate sites to ensure the safe transfer of data between the parties.
Elliott Davis, PLLC may terminate this relationship immediately in its sole discretion if Elliott Davis, PLLC determines
that continued performance would result in a violation of law, regulatory requirements, applicable professional
standards or Elliott Davis, PLLC’s client acceptance or retention standards, or if the County is placed on a verified
sanctioned entity list or if any director or executive of, or other person closely associated with, the County or its affiliates is placed on a verified sanctioned person list, in each case, including but not limited to lists promulgated by
the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. State Department, the United
Nations Security Council, the European Union or any other relevant sanctioning authority.
If any term or provision of this arrangement letter is determined to be invalid or unenforceable, such term or
provision will be deemed stricken and all other terms and provisions will remain in full force and effect.
Reporting
We will issue a written report upon completion of our audit of the County’s financial statements. Our report will be
addressed to the Board of Commissioners of Person County. We cannot provide assurance that an unmodified
opinion will be expressed. Circumstances may arise in which it is necessary for us to modify our opinion, add an
emphasis-of-matter or other-matter paragraph(s), or withdraw from the engagement.
In addition to our report on the County’s financial statements, we will also issue the following types of reports:
1. A report on fairness of the presentation of the County’s schedule of expenditures of federal and state awards
for the year ending June 30, 2020.
2. Reports on internal control related to the financial statements and major programs. These reports will describe
the scope of testing of internal control and the results of our tests of internal control.
3. Report on compliance with laws, regulations, and the provisions of contracts or grant agreements. We will
report on any noncompliance that could have a material effect on the financial statements and any
noncompliance that could have a material effect, as defined by Subpart F of Title 2 U.S. CFR Part 200, Uniform
Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and the State Single
Audit Implementation Act, on each major program.
4. An accompanying schedule of findings and questions costs.
This letter constitutes the complete and exclusive statement of agreement between Elliott Davis, PLLC and the
County, superseding all proposals, oral or written, and all other communications with respect to the terms of the
engagement between the parties.
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Please sign and return a copy of this letter to indicate your acknowledgment of, and agreement with, the
arrangements for our audit of the financial statements, including our respective responsibilities.
Elliott Davis, PLLC
Thomas J. McNeish, CPA
Shareholder
Confirmed on behalf of Person County, North Carolina:
Governance Signature Title
Management Signature Title
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AGENDA ABSTRACT
Meeting Date: March 23, 2020
Agenda Title: PATS Drug & Alcohol Policy Update
Summary of Information: The Person Area Transportation System (PATS) is under the
direction of the North Carolina Department of Transportation to update the PATS Drug &
Alcohol policy. The former policy was dated on May 13, 2019. Since that time, we have a new
PATS Director, and we have changed our physical location of our office. These are elements
that needed to be addressed in an updated document.
Recommended Action: Approval of the new policy is recommended, to include an adoption by
the Board of Commissioners.
Submitted By: Kurt J. Neufang, PATS Director
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County of Person ‐ Person Area Transportation System
Department Policy and Procedures
Section: PATS‐400 Title: Drug & Alcohol Policy
Effective Date: 1/22/19/Revised 3/23/2020 Rescinds: Drug & Alcohol Policy 5/13/19
Review Date:
Director:
A. Purpose
1. The Person Area Transportation System provides public transit and paratransit services for the residents of
[Person County]. Part of our mission is to ensure that this service is delivered safely, efficiently, and effectively
by establishing a drug and alcohol‐free work environment, and to ensure that the workplace remains free from
the effects of drugs and alcohol in order to promote the health and safety of employees and the general public.
In keeping with this mission, Person Area Transportation System declares that the unlawful manufacture,
distribution, dispense, possession, or use of controlled substances or misuse of alcohol is prohibited for all
employees.
2. Additionally, the purpose of this policy is to establish guidelines to maintain a drug and alcohol‐free workplace
in compliance with the Drug‐Free Workplace Act of 1988, and the Omnibus Transportation Employee Testing Act
of 1991. This policy is intended to comply with all applicable Federal regulations governing workplace anti‐drug
and alcohol programs in the transit industry. Specifically, the Federal Transit Administration (FTA) of the U.S.
Department of Transportation has published 49 CFR Part 655, as amended, that mandates urine drug testing
and breath alcohol testing for safety‐sensitive positions, and prohibits performance of safety‐sensitive functions
when there is a positive test result. The U. S. Department of Transportation (USDOT) has also published 49 CFR
Part 40, as amended, that sets standards for the collection and testing of urine and breath specimens.
3. Any provisions set forth in this policy that are included under the sole authority of Person Area Transportation
System and are not provided under the authority of the above named Federal regulations. Tests conducted
under the sole authority of Person Area Transportation System will be performed on non‐USDOT forms and will
be separate from USDOT testing in all respects.
4. The designation of Drug and Alcohol Program Manager (DAPM) will be granted to the Public Transportation
Director.
B. Applicability
This Drug and Alcohol Testing Policy applies to all safety‐sensitive employees (full‐ or part‐time) when
performing safety sensitive duties. Person Area Transportation System employees that do not perform safety‐
sensitive functions may also be covered under this policy under the sole authority of Person Area Transportation
System. A safety‐sensitive function is operation of public transit service including the operation of a revenue
service vehicle (whether or not the vehicle is in revenue service), maintenance of a revenue service vehicle or
equipment used in revenue service, security personnel who carry firearms, dispatchers or persons controlling
the movement of revenue service vehicles and any other transit employee who operates a vehicle that requires
a Commercial Driver’s License to operate. Maintenance functions include the repair, overhaul, and rebuild of
engines, vehicles and/or equipment used in revenue service. A list of safety‐sensitive positions that perform one
or more of the above mentioned duties is provided in Attachment A. Supervisors are only safety sensitive if they
perform one of the above functions.
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C. Definitions
Accident: An occurrence associated with the operation of a vehicle even when not in revenue service, if as a
result:
a. An individual dies;
b. An individual suffers a bodily injury and immediately receives medical treatment away from the scene
of the accident; or,
c. One or more vehicles incur disabling damage as the result of the occurrence and is transported away
from the scene by a tow truck or other vehicle. For purposes of this definition, disabling damage means
damage, which precludes departure of any vehicle from the scene of the occurrence in its usual manner
in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been
operated but would have been further damaged if so operated, but does not include damage which can
be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement
without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals,
horn, or windshield wipers that makes them inoperative.
Adulterated specimen: A specimen that has been altered, as evidence by test results showing either a substance
that is not a normal constituent for that type of specimen or showing an abnormal concentration of an
endogenous substance.
Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols
contained in any beverage, mixture, mouthwash, candy, food, preparation or medication.
Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of breath as indicated by a breath
test under 49 CFR Part 40.
Aliquot: A fractional part of a specimen used for testing, is taken as a sample representing the whole specimen.
Canceled Test: A drug or alcohol test that has a problem identified that cannot be or has not been corrected, or
which is cancelled. A canceled test is neither positive nor negative.
Confirmatory Drug Test: A second analytical procedure performed on a different aliquot of the original specimen
to identify and quantify the presence of a specific drug or metabolite.
Confirmatory Validity Test: A second test performed on a different aliquot of the original urine specimen to
further support a validity test result.
Covered Employee under FTA Authority: An employee who performs a safety‐sensitive function including, an
applicant or transferee who is being considered for hire into a safety‐sensitive function (See Attachment A for a
list of covered employees).
Covered Employee Under Company Authority: An employee, applicant, or transferee that will not perform a
safety‐sensitive function as defined by FTA but is included under the company’s own authority. (See Attachment
A).
Designated Employer Representative (DER): An employee authorized by the employer to take immediate action
to remove employees from safety‐sensitive duties and to make required decisions in testing. The DER also
receives test results and other communications for the employer, consistent with the requirements of 49 CFR
Parts 40 and 655.
Department of Transportation (DOT): For the purposes of Drug & Alcohol regulatory oversight, DOT is the
department of the federal government, which includes the, Federal Transit Administration, Federal Railroad
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Administration, Federal Aviation Administration, Federal Motor Carriers’ Safety Administration, Pipeline &
Hazardous Materials Safety Administration, and the Office of the Secretary of Transportation.
Dilute specimen: A urine specimen with creatinine and specific gravity values that are lower than expected for
human urine.
Disabling damage: Damage, which precludes departure of any vehicle from the scene of the occurrence in its
usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have
been operated but would have been further damaged if so operated, but does not include damage which can be
remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without
other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, or
windshield wipers that makes them inoperative.
Evidentiary Breath Testing Device (EBT): A Device approved by the NHTSA for the evidential testing of breath at
the 0.02 and the 0.04 alcohol concentrations. Approved devices are listed on the National Highway Traffic
Safety Administration (NHTSA) conforming products list.
Initial Drug Test (Screening Drug Test): The test used to differentiate a negative specimen from one that requires
further testing for drugs or drug metabolites.
Initial Specimen Validity Test: The first test used to determine if a urine specimen is adulterated, diluted,
substituted, or invalid.
Invalid Result: The result reported by an HHS‐certified laboratory in accordance with the criteria established by
the HHS Mandatory Guidelines when a positive, negative, adulterated, or substituted result cannot be
established for a specific drug or specimen validity test.
Laboratory: Any U.S. laboratory certified by HHS under the National Laboratory Certification program as meeting
standards of Subpart C of the HHS Mandatory Guidelines for Federal Workplace Drug Testing Programs; or, in
the case of foreign laboratories, a laboratory approved for participation by DOT under this part.
Limit of Detection (LOD): The lowest concentration at which a measurement can be identified, but (for
quantitative assays) the concentration cannot be accurately calculated.
Limit of Quantitation: For quantitative assays, the lowest concentration at which the identity and concentration
of the measurement and can be accurately established.
Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of osteopathy) responsible for
receiving laboratory results generated by the drug testing program who has knowledge of substance abuse
disorders, and has appropriate medical training to interpret and evaluate an individual's confirmed positive test
result, together with his/her medical history, and any other relevant bio‐medical information.
Negative Dilute: A drug test result, which is negative for the five drug/drug metabolites but has a specific gravity
value lower than expected for human urine.
Negative result: The result reported by an HHS‐certified laboratory to an MRO when a specimen contains no
drug or the concentration of the drug is less than the cutoff concentration for the drug or drug class and the
specimen is a valid specimen.
Non‐negative test result: A urine specimen that is reported as adulterated, substitute, invalid, or positive for
drug/drug metabolites.
Oxidizing Adulterant: A substance that acts alone or in combination with other substances to oxidize drugs or
drug metabolites to prevent the detection of the drug or metabolites, or affects the reagents in either the initial
or confirmatory drug test.
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Performing (a safety‐sensitive function): A covered employee is considered to be performing a safety‐sensitive
function and includes any period in which he or she is actually performing, ready to perform, or immediately
available to perform such functions.
Positive result: The result reported by an HHS‐ Certified laboratory when a specimen contains a drug or drug
metabolite equal or greater to the cutoff concentrations.
Prohibited drug: Identified as marijuana, cocaine, opioids, amphetamines (including ecstasy), or phencyclidine
at levels above the minimum thresholds specified in 49 CFR Part 40, as amended.
Reconfirmed: The result reported for a split specimen when the second laboratory is able to corroborate the
original result reported for the primary specimen.
Rejected for Testing: The result reported by an HHS‐ Certified laboratory when no tests are performed for
specimen because of a fatal flaw or a correctable flaw that has not been corrected.
Revenue Service Vehicles: All transit vehicles that are used for passenger transportation service.
Safety‐sensitive functions: Employee duties identified as:
(1) The operation of a transit revenue service vehicle even when the vehicle is not in revenue service.
(2) The operation of a non‐revenue service vehicle by an employee when the operation of such a vehicle
requires the driver to hold a Commercial Driver’s License (CDL).
(3) Maintaining a revenue service vehicle or equipment used in revenue service.
(4) Controlling the movement of a revenue service vehicle and
Split Specimen Collection: A collection in which the urine collected is divided into two separate bottles, the
primary specimen (Bottle A) and the split specimen (Bottle B).
Substance Abuse Professional (SAP): A licensed physician (medical doctor or doctor of osteopathy) or licensed or
certified psychologist, social worker, employee assistance professional, state‐licensed marriage and family
therapist or drug and alcohol counselor (certified by the National Association of Alcoholism and Drug Abuse
Counselors Certification Commission or by the International Certification Reciprocity Consortium/Alcohol and
other Drug Abuse (ICRC) or by the National Board for Certified Counselors, Inc. and Affiliates/Master Addictions
Counselor (NBCC)) with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol
related disorders.
Substituted specimen: A urine specimen with creatinine and specific gravity values that are so diminished or so
divergent that they are not consistent with normal human urine.
Test Refusal: The following are considered a refusal to test if the employee:
(1) Fails to appear for any test (excluding pre‐employment) within a reasonable time, as determined by the
employer, after being directed to do so by the employer
(2) Fails to remain at the testing site until the testing process is complete. An employee who leaves the testing
site before the testing process commences for a pre‐employment test has not refused to test.
(3) Fails to attempt to provide a urine or breath specimen for any drug or alcohol test required by Part 40 or DOT
agency regulations. An employee who does not provide a urine or breath specimen because he or she has left
the testing site before the testing process commenced for a pre‐employment test has not refused to test.
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(4) In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or
monitoring of your provision of a specimen
(5) Fails to provide a sufficient amount of urine or breath when directed, and it has been determined, through a
required medical evaluation, that there was no adequate medical explanation for the failure
(6) Fails or declines to take a second test the employer or collector has directed you to take
(7) Fails to undergo a medical examination or evaluation, as directed by the MRO or by the DER
(8) Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed by the
collector, behave in a confrontational way that disrupts the collection process)
(9) If the MRO reports that there is verified adulterated or substituted test result
(10) Refusal to sign Step 2 of the alcohol testing form
(11) Failure to follow the observer’s instructions during an observed collection including instructions to raise
your clothing above the waist, lower clothing and underpants, and to turn around to permit the observer to
determine if you have any type of prosthetic or other device that could be used to interfere with the collection
process.
(12) Possess or wear a prosthetic or other device that could be used to interfere with the collection process
(13) Admit to the collector or MRO that you adulterated or substituted the specimen.
(14) Fail to remain readily available following an accident.
Verified negative test: A drug test result reviewed by a medical review officer and determined to have no
evidence of prohibited drug use above the minimum cutoff levels established by the Department of Health and
Human Services (HHS).
Verified positive test: A drug test result reviewed by a medical review officer and determined to have evidence
of prohibited drug use above the minimum cutoff levels specified in 49 CFR Part 40 as revised.
Validity testing: The evaluation of the specimen to determine if it is consistent with normal human urine.
Specimen validity testing will be conducted on all urine specimens provided for testing under DOT authority. The
purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the
urine, if the urine was diluted, or if the specimen was substituted.
D. Education and Training
1) Every covered employee will receive a copy of this policy and will have ready access to the corresponding
federal regulations including 49 CFR Parts 655 and 40, as amended. In addition, all covered employees will
undergo a minimum of 60 minutes of training on the signs and symptoms of drug use including the effects and
consequences of drug use on personal health, safety, and the work environment. The training also includes
manifestations and behavioral cues that may indicate prohibited drug use.
2) All administrative staff and the lead transit specialist from the operations division will be authorized to
determine employee fitness for duty and will receive the required 60 minutes of reasonable suspicion training
on the physical, behavioral, and performance indicators of probable drug use and 60 minutes of additional
reasonable suspicion training on the physical, behavioral, speech, and performance indicators of probable
alcohol misuse.
E. Prohibited Substances
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1) Prohibited substances addressed by this policy include the following.
a. Illegally Used Controlled Substance or Drugs Under the Drug‐Free Workplace Act of 1988 any drug or
any substance identified in Schedule I through V of Section 202 of the Controlled Substance Act (21
U.S.C. 812), and as further defined by 21 CFR 1300.11 through 1300.15 is prohibited at all times in the
workplace unless a legal prescription has been written for the substance. This includes, but is not limited
to: marijuana, amphetamines (including methamphetamine and ecstasy), opioids (including codeine,
morphine, and heroin), phencyclidine (PCP), and cocaine, as well as any drug not approved for medical
use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use
includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained
prescription drugs. Also, the medical use of marijuana, or the use of hemp related products, which
cause drug or drug metabolites to be present in the body above the minimum thresholds is a violation of
this policy
Federal Transit Administration drug testing regulations (49 CFR Part 655) require that all employees
covered under FTA authority be tested for marijuana, cocaine, amphetamines (including
methamphetamine and ecstasy), opioids (including codeine, morphine, and heroin), and phencyclidine
as described in Section H of this policy. Employees covered under company authority will also be tested
for these same substances. Illegal use of these five drugs is prohibited at all times and thus, covered
employees may be tested for these drugs anytime that they are on duty.
b. Legal Drugs: The appropriate use of legally prescribed drugs and non‐prescription medications is not
prohibited. However, the use of any substance which carries a warning label that indicates that mental
functioning, motor skills, or judgment may be adversely affected must be reported to a Person Area
Transportation System supervisor and the employee is required to provide a written release from
his/her doctor or pharmacist indicating that the employee can perform his/her safety‐sensitive
functions.
c. Alcohol: The use of beverages containing alcohol (including any mouthwash, medication, food, candy)
or any other substances such that alcohol is present in the body while performing safety‐sensitive job
functions is prohibited. A reasonable suspicion or random alcohol test can only be performed on a
covered employee under 49 CFR Part 655 just before, during, or just after the performance of safety‐
sensitive job functions. Under Person Area Transportation System authority, a non‐DOT alcohol test can
be performed any time a covered employee is on duty.
F. Prohibited Conduct
1) All covered employees are prohibited from reporting for duty or remaining on duty any time there is a
quantifiable presence of a prohibited drug in the body above the minimum thresholds defined in 49 CFR Part 40,
as amended.
2) Each covered employee is prohibited from consuming alcohol while performing safety‐sensitive job functions
or while on‐call to perform safety‐sensitive job functions. If an on‐call employee has consumed alcohol, they
must acknowledge the use of alcohol at the time that they are called to report for duty. The covered employee
will subsequently be relieved of his/her on‐call responsibilities and subject to discipline for not fulfilling his/her
on‐call responsibilities.
3) The Department shall not permit any covered employee to perform or continue to perform safety‐
sensitive functions if it has actual knowledge that the employee is using alcohol
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4) Each covered employee is prohibited from reporting to work or remaining on duty requiring the performance
of safety‐sensitive functions while having an alcohol concentration of 0.02 or greater regardless of when the
alcohol was consumed.
5) No covered employee shall consume alcohol for eight (8) hours following involvement in an accident or until
he/she submits to the post‐accident drug/alcohol test, whichever occurs first.
6) No covered employee shall consume alcohol within four (4) hours prior to the performance of safety‐sensitive
job functions.
7) Person Area Transportation System, under its own authority, also prohibits the consumption of alcohol at all
times the employee is on duty, or anytime the employee is in uniform.
8) Consistent with the Drug‐free Workplace Act of 1988, all Person Area Transportation System employees are
prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited
substances in the work place including transit system premises and transit vehicles.
G. Drug Statue Conviction
Consistent with the Drug Free Workplace Act of 1998, all employees are required to notify the Person Area
Transportation System management of any criminal drug statute conviction for a violation occurring in the
workplace within five days after such conviction. Failure to comply with this provision shall result in disciplinary
action as defined in Section Q of this policy.
H. Testing Requirements
1) Analytical urine drug testing and breath testing for alcohol will be conducted as required by 49 CFR Part 40 as
amended. All employees covered under FTA authority shall be subject to testing prior to performing safety‐
sensitive duty, for reasonable suspicion, following an accident, and random as defined in Section K, L, M, and N
of this policy, and return to duty/follow‐up. All employees who may be covered under company authority will
also be subject to testing for reasonable suspicion, post‐accident, random and return to duty/follow‐up using
non DOT testing forms.
2) A drug test can be performed any time a covered employee is on duty. A reasonable suspicion and random
alcohol test can be performed just before, during, or after the performance of a safety‐sensitive job function.
Under Person Area Transportation System authority, a Non‐DOT alcohol test can be performed any time a
covered employee is on duty.
3) All covered employees will be subject to urine drug testing and breath alcohol testing as a condition of
ongoing employment with Person Area Transportation System. Any safety‐sensitive employee who refuses to
comply with a request for testing shall be removed from duty and subject to disciplinary action as defined in
Section Q of this policy.
I. Drug Testing Procedures
1) Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using
techniques, equipment, and laboratory facilities which have been approved by the U.S. Department of Health
and Human Service (HHS). All testing will be conducted consistent with the procedures set forth in 49 CFR Part
40, as amended. The procedures will be performed in a private, confidential manner and every effort will be
made to protect the employee, the integrity of the drug testing procedure, and the validity of the test result.
2) The drugs that will be tested for include marijuana, cocaine, opioids (including codeine, morphine, and
heroin), amphetamines (including methamphetamine and ecstasy), and phencyclidine. After the identity of the
donor is checked using picture identification, a urine specimen will be collected using the split specimen
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collection method described in 49 CFR Part 40, as amended. Each specimen will be accompanied by a DOT
Custody and Control Form and identified using a unique identification number that attributes the specimen to
the correct individual. The specimen analysis will be conducted at a HHS certified laboratory. An initial drug
screen and validity test will be conducted on the primary urine specimen. For those specimens that are not
negative, a confirmatory Gas Chromatography/Mass Spectrometry (GC/MS) test will be performed. The test will
be considered positive if the amounts of the drug(s) and/or its metabolites identified by the GC/MS test are
above the minimum thresholds established in 49 CFR Part 40, as amended.
3) The test results from the HHS certified laboratory will be reported to a Medical Review Officer. A Medical
Review Officer (MRO) is a licensed physician with detailed knowledge of substance abuse disorders and drug
testing. The MRO will review the test results to ensure the scientific validity of the test and to determine
whether there is a legitimate medical explanation for a confirmed positive, substitute, or adulterated test result.
The MRO will attempt to contact the employee to notify the employee of the non‐negative laboratory result,
and provide the employee with an opportunity to explain the confirmed laboratory test result. The MRO will
subsequently review the employee’s medical history/medical records as appropriate to determine whether
there is a legitimate medical explanation for a non‐negative laboratory result. If no legitimate medical
explanation is found, the test will be verified positive or refusal to test and reported to the Person Area
Transportation System Drug and Alcohol Program Manager (DAPM). If a legitimate explanation is found, the
MRO will report the test result as negative to the DAPM.
4) If the test is invalid without a medical explanation, a retest will be conducted under direct observation.
Employees do not have access to a test of their split specimen following an invalid result.
5) Any covered employee who questions the results of a required drug test under paragraphs L through P of this
policy may request that the split sample be tested. The split sample test must be conducted at a second HHS‐
certified laboratory. The test must be conducted on the split sample that was provided by the employee at the
same time as the primary sample. The method of collecting, storing, and testing the split sample will be
consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee's request for a split
sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified
test result. Requests after 72 hours will only be accepted at the discretion of the MRO if the delay was due to
documentable facts that were beyond the control of the employee. Person Area Transportation System] will
ensure that the cost for the split specimen are covered in order for a timely analysis of the sample, however
Person Area Transportation System will seek reimbursement for the split sample test from the employee.
6) If the analysis of the split specimen fails to confirm the presence of the drug(s) detected in the primary
specimen, if the split specimen is not able to be analyzed, or if the results of the split specimen are not
scientifically adequate, the MRO will declare the original test to be canceled. If the split specimen is not
available to analyze the MRO will direct Person Area Transportation System to retest the employee under direct
observation.
7) The split specimen will be stored at the initial laboratory until the analysis of the primary specimen is
completed. If the primary specimen is negative, the split will be discarded. If the primary specimen is positive, it
will be retained in frozen storage for one year and the split specimen will also be retained for one year. If the
primary is positive, the primary and the split will be retained for longer than one year for testing if so requested
by the employee through the Medical Review Officer (MRO), or by the employer, by the MRO, or by the relevant
DOT agency.
8) Observed collections
a) Consistent with 49 CFR Part 40, as amended, collection under direct observation (by a person of the
same gender) with no advance notice will occur if:
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i. The laboratory reports to the MRO that a specimen is invalid, and the MRO reports to Person
Area Transportation System that there was not an adequate medical explanation for the result;
ii. The MRO reports to Person Area Transportation System that the original positive,
adulterated, or substituted test result had to be cancelled because the test of the split specimen
could not be performed;
iii. The laboratory reported to the MRO that the specimen was negative‐dilute with a creatinine
concentration greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL, and the MRO
reported the specimen as negative‐dilute and that a second collection must take place under
direct observation (see §40.197(b)(1)).
iv. The collector observes materials brought to the collection site or the employee's conduct
clearly indicates an attempt to tamper with a specimen;
v. The temperature on the original specimen was out of range;
vi. Anytime the employee is directed to provide another specimen because the original
specimen appeared to have been tampered with.
vii. All follow‐up‐tests; or
viii. All return‐to‐duty tests
J. Alcohol Testing Procedures
1) Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety
Administration (NHTSA)‐approved Evidential Breath Testing device (EBT) operated by a trained Breath Alcohol
Technician (BAT). Alcohol screening tests may be performed using a non‐evidential testing device which is also
approved by NHTSA. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be
performed to confirm the results of the initial test. The confirmatory test must occur on an EBT. The
confirmatory test will be conducted at least fifteen minutes after the completion of the initial test. The
confirmatory test will be performed using a NHTSA‐approved EBT operated by a trained BAT. The EBT will
identify each test by a unique sequential identification number. This number, time, and unit identifier will be
provided on each EBT printout. The EBT printout, along with an approved alcohol testing form, will be used to
document the test, the subsequent results, and to attribute the test to the correct employee. The test will be
performed in a private, confidential manner as required by 49 CFR Part 40, as amended. The procedure will be
followed as prescribed to protect the employee and to maintain the integrity of the alcohol testing procedures
and validity of the test result.
2) An employee who has a confirmed alcohol concentration of 0.04 or greater will be considered a positive
alcohol test and in violation of this policy. The consequences of a positive alcohol test are described in Section
Q of this policy. Even though an employee who has a confirmed alcohol concentration of 0.02 to 0.039 is not
considered positive, the employee shall still be removed from duty for at least eight hours or for the duration of
the work day whichever is longer and will be subject to the consequences described in Section Q of this policy.
An alcohol concentration of less than 0.02 will be considered a negative test.
3) Person Area Transportation System affirms the need to protect individual dignity, privacy, and confidentiality
throughout the testing process. If at any time the integrity of the testing procedures or the validity of the test
results is compromised, the test will be canceled. Minor inconsistencies or procedural flaws that do not impact
the test result will not result in a cancelled test.
4) The alcohol testing form (ATF) required by 49 CFR Part 40 as amended, shall be used for all FTA required
testing. Failure of an employee to sign step 2 of the ATF will be considered a refusal to submit to testing.
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K. Pre‐Employment Testing
1) All applicants for covered transit positions shall undergo urine drug testing prior to performance of a safety‐
sensitive function.
a. All offers of employment for covered positions shall be extended conditional upon the applicant
passing a drug test. An applicant will not be allowed to perform safety‐sensitive functions unless the
applicant takes a drug test with verified negative results.
b. An employee shall not be placed, transferred or promoted into a position covered under FTA
authority or company authority until the employee takes a drug test with verified negative results.
c. If an applicant fails a pre employment drug test, the conditional offer of employment shall be
rescinded and the applicant will be referred to a Substance Abuse Professionals. Failure of a pre‐
employment drug test will disqualify an applicant for employment for a period of at least one year.
Before being considered for future employment the applicant must provide the employer proof of
having successfully completed a referral, evaluation and treatment plan as described in section 655.62
of subpart G. The cost for the assessment and any subsequent treatment will be the sole responsibility
of the applicant.
d. When an employee being placed, transferred, or promoted from a non‐covered position to a position
covered under FTA authority or company authority submits a drug test with a verified positive result,
the employee shall be subject to disciplinary action in accordance with Section Q herein.
e. If a pre‐employment/pre‐transfer test is canceled, Person Area Transportation System will require the
applicant to take and pass another pre‐employment drug test.
f. In instances where a FTA covered employee does not perform a safety sensitive function for a period
of 90 consecutive days or more regardless of reason, and is not in the random testing pool during that
time the employee will be required to take a pre‐employment drug test under 49 CFR Part 655 and have
negative test results prior to the conduct of safety‐sensitive job functions.
g. Following a negative dilute the employee will be considered a negative test and no additional testing
will be required unless directed to do so by the MRO.
h. Applicants are required (even if ultimately not hired) to provide Person Area Transportation System
with signed written release to requesting FTA drug and alcohol records from all previous, DOT‐covered,
employers that the applicant has worked for within the last two years. Failure to do so will result in the
employment offer being rescinded. Person Area Transportation System is required to ask all applicants
(even if ultimately not hired) if they have tested positive or refused to test on a pre‐employment test for
a DOT covered employer within the last two years. If the applicant has tested positive or refused to test
on a pre‐employment test for a DOT covered employer, the applicant must provide Person Area
Transportation System proof of having successfully completed a referral, evaluation and treatment plan
as described in section 655.62 of subpart G.
L. Reasonable Suspicion Testing
1) All Person Area Transportation System covered employees will be subject to a reasonable suspicion drug
and/or alcohol test when the employer has reasonable suspicion to believe that the covered employee has used
a prohibited drug and/or engaged in alcohol misuse. Reasonable suspicion shall mean that there is objective
evidence, based upon specific, contemporaneous, articulable observations of the employee's appearance,
behavior, speech or body odor that are consistent with possible drug use and/or alcohol misuse. Reasonable
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suspicion referrals must be made by one or more supervisors who are trained to detect the signs and symptoms
of drug and alcohol use, and who reasonably concludes that an employee may be adversely affected or impaired
in his/her work performance due to possible prohibited substance abuse or alcohol misuse. A reasonable
suspicion alcohol test can only be conducted just before, during, or just after the performance of a safety‐
sensitive job function. However, under Person Area Transportation System’s authority, a NON‐DOT reasonable
suspicion alcohol test may be performed any time the covered employee is on duty. A reasonable suspicion
drug test can be performed any time the covered employee is on duty.
2) Person Area Transportation System shall be responsible for transporting the employee to the testing site.
Supervisors should avoid placing themselves and/or others into a situation, which might endanger the physical
safety of those, present. The employee shall be placed on administrative leave pending disciplinary action
described in Section Q of this policy. An employee who refuses an instruction to submit to a drug/alcohol test
shall not be permitted to finish his or her shift and shall immediately be placed on administrative leave pending
disciplinary action as specified in Section Q of this policy.
3) A written record of the observations, which led to a drug/alcohol test, based on reasonable suspicion shall be
prepared and signed by the supervisor making the observation. This written record shall be submitted to the
Person Area Transportation System
4) When there are no specific, contemporaneous, articulable objective facts that indicate current drug or alcohol
use, but the employee (who is not already a participant in a treatment program) admits the abuse of alcohol or
other substances to a supervisor in his/her chain of command, the employee shall be referred to an employer
approved counseling professional for an assessment. Person Area Transportation System shall place the
employee on administrative leave in accordance with the provisions set forth under Section Q of this policy.
Testing in this circumstance would be performed under the direct authority of the Person Area Transportation
System. Since the employees self‐referred to management, testing under this circumstance would not be
considered a violation of this policy or a positive test result under Federal authority. However, self‐referral does
not exempt the covered employee from testing under Federal authority as specified in Sections L through N of
this policy or the associated consequences as specified in Section Q.
M. Post‐Accident Testing
1) FATAL ACCIDENTS‐ All covered employees will be required to undergo urine and breath testing if they are
involved in an accident with a transit vehicle regardless of whether or not the vehicle is in revenue service that
results in a fatality. This includes all surviving covered employees that are operating the vehicle at the time of
the accident and any other whose performance could have contributed to the accident, as determined by the
employer using the best information available at the time of the decision.
2) NON‐FATAL ACCIDENTS‐ A post‐accident test of the employee operating the public transportation vehicle will
be conducted if an accident occurs and at least one of the following conditions is met:
a. The accident results in injuries requiring immediate medical treatment away from the scene, and the
covered employee may have contributed to the accident.
b. One or more vehicles incurs disabling damage as a result of the occurrence and must be transported
away from the scene, and the covered employee may have contributed to the accident.
In addition, any other covered employee whose performance could have contributed to the accident, as
determined by the employer using the best information available at the time of the decision, will be tested.
As soon as practicable following an accident, as defined in this policy, the supervisor investigating the
accident will notify the transit employee operating the transit vehicle and all other covered employees whose
performance could have contributed to the accident of the need for the test. The supervisor, in conjunction with
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the Person County Human Resources Department will make the determination using the best information
available at the time of the decision.
General Accident Procedures:
The appropriate transit supervisor shall ensure that an employee, required to be tested under this section, is
tested as soon as practicable, but no longer than eight (8) hours of the accident for alcohol, and no longer than
32 hours for drugs. If an alcohol test is not performed within two hours of the accident, the Supervisor will
document the reason(s) for the delay. If the alcohol test is not conducted within (8) eight hours, or the drug test
within 32 hours, attempts to conduct the test must cease and the reasons for the failure to test documented.
Any covered employee involved in an accident must refrain from alcohol use for eight (8) hours following the
accident or until he/she undergoes a post‐accident alcohol test.
An employee who is subject to post‐accident testing who fails to remain readily available for such testing,
including notifying a supervisor of his or her location if he or she leaves the scene of the accident prior to
submission to such test, may be deemed to have refused to submit to testing.
Nothing in this section shall be construed to require the delay of necessary medical attention for the injured
following an accident, or to prohibit an employee from leaving the scene of an accident for the period necessary
to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.
In the rare event that Person Area Transportation System is unable to perform an FTA drug and alcohol test (i.e.,
employee is unconscious, employee is detained by law enforcement agency), Person Area Transportation
System may use drug and alcohol post‐accident test results administered by local law enforcement officials in
lieu of the FTA test. The local law enforcement officials must have independent authority for the test and the
employer must obtain the results in conformance with local law.
N. Random Testing
1) All covered employees will be subjected to random, unannounced testing. The selection of employees shall
be made by a scientifically valid method of randomly generating an employee identifier from the appropriate
pool of safety‐sensitive employees. Employees covered under company authority will be selected from a pool of
non‐DOT‐covered employees.
2) The dates for administering unannounced testing of randomly selected employees shall be spread reasonably
throughout the calendar year, day of the week and hours of the day.
3) The number of employees randomly selected for drug/alcohol testing during the calendar year shall be not
less than the percentage rates set each year by the FTA. The current year testing rates can be viewed online at
http://www.dot.gov/odapc/random‐testing‐rates. If a given driver is subject to random testing under the rules
of more than one DOT agency, the driver will be subject to random drug and alcohol testing at the annual
percentage rate established by the DOT agency regulating more than 50% of the driver’s function.
4) Each covered employee shall be in a pool from which the random selection is made. Each covered employee
in the pool shall have an equal chance of selection each time the selections are made. Employees will remain in
the pool and subject to selection, whether or not the employee has been previously tested. There is no
discretion on the part of management in the selection.
5) Covered transit employees that fall under the Federal Transit Administration regulations will be included in
one random pool maintained separately from the testing pool of non‐safety sensitive employees that may be
included solely under Person Area Transportation System authority.
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6) Random tests can be conducted at any time during an employee’s shift for drug testing. Alcohol random tests
can only be performed just before, during, or just after the performance of a safety sensitive duty. However,
under the Person Area Transportation System’s authority, a non‐DOT random alcohol test may be performed
any time the covered employee is on duty. Testing can occur during the beginning, middle, or end of an
employee’s shift.
7) Employees are required to proceed immediately to the collection site upon notification of their random
selection.
O. Return‐to‐duty Testing
Person Area Transportation System will terminate the employment of any employee that tests positive or
refuses a test as specified in section Q of this policy. However, in the rare event an employee is reinstated with
court order or other action beyond the control of the transit system, the employee must complete the return‐
to‐duty process prior to the performance of safety‐sensitive functions. All covered employees who previously
tested positive on a drug or alcohol test or refused a test, must test negative for drugs, alcohol (below 0.02 for
alcohol), or both and be evaluated and released by the Substance Abuse Professional before returning to work.
For an initial positive drug test a Return‐to‐Duty drug test is required and an alcohol test is allowed. For an
initial positive alcohol test a Return‐to‐Duty alcohol test is required and a drug test is allowed. Following the
initial assessment, the SAP will recommend a course of rehabilitation unique to the individual. The SAP will
recommend the return‐to‐duty test only when the employee has successfully completed the treatment
requirement and is known to be drug and alcohol‐free and there are no undue concerns for public safety.
P. Follow‐up Testing
Covered employees that have returned to duty following a positive or refused a test will be required to undergo
frequent, unannounced drug and/or alcohol testing following their return‐to‐duty test. The follow‐up testing
will be performed for a period of one to five years with a minimum of six tests to be performed the first year.
The frequency and duration of the follow‐up tests (beyond the minimums) will be determined by the SAP
reflecting the SAP’s assessment of the employee’s unique situation and recovery progress. Follow‐up testing
should be frequent enough to deter and/or detect a relapse. Follow‐up testing is separate and in addition to the
random, post‐accident, reasonable suspicion and return‐to‐duty testing.
In the instance of a self‐referral or a management referral, the employee will be subject to non‐USDOT follow‐up
tests and follow‐up testing plans modeled using the process described in 49 CFR Part 40. However, all non‐
USDOT follow‐up tests and all paperwork associated with an employee’s return‐to‐work agreement that was not
precipitated by a positive test result (or refusal to test) does not constitute a violation of the Federal regulations
will be conducted under company authority and will be performed using non‐DOT testing forms.
Q. Results of Drug/Alcohol Test
1) Any covered employee that has a verified positive drug or alcohol test, or refusal to test will be removed from
his/her safety‐sensitive position, informed of educational and rehabilitation programs available, referred to a
Substance Abuse Professional (SAP) for assessment, and will be terminated.
2) Following a negative dilute the employee will be considered a negative test and no additional testing will be
required unless directed to do so by the MRO.
3) Refusal to submit to a drug/alcohol test shall be considered a positive test result and a direct act of
insubordination and shall result in termination and referral to an SAP. A test refusal includes the following
circumstances:
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a. Fails to appear for any test (excluding pre‐employment) within a reasonable time, as determined by
the employer, after being directed to do so by the employer
b. Fails to remain at the testing site until the testing process is complete. An employee who leaves the
testing site before the testing process commences for a pre‐employment test has not refused to test.
c. Fails to attempt to provide a urine or breath specimen for any drug or alcohol test required by Part 40
or DOT agency regulations. An employee who does not provide a urine or breath specimen because he
or she has left the testing site before the testing process commenced for a pre‐employment test has not
refused to test.
d. In the case of a directly observed or monitored collection in a drug test, fails to permit the
observation or monitoring of your provision of a specimen.
e. Fails to provide a sufficient amount of urine or breathe when directed, and it has been determined,
through a required medical evaluation, that there was no adequate medical explanation for the failure
f. Fails or declines to take a second test the employer or collector has directed you to take
g. Fails to undergo a medical examination or evaluation, as directed by the MRO as part of the
verification process, or as directed by the DER as part of the “shy bladder” or “shy lung” procedures
h. Fails to cooperate with any part of the testing process (e.g., refuse to empty pockets when so directed
by the collector, behave in a confrontational way that disrupts the collection process)
i. If the MRO reports that there is verified adulterated or substituted test result
j. Failure or refusal to sign Step 2 of the alcohol testing form
k. Failure to follow the observer’s instructions during an observed collection including instructions to
raise your clothing above the waist, lover clothing and underpants, and to turn around to permit the
observer to determine if you have any type of prosthetic or other device that could be used to interfere
with the collection process.
l. Possess or wear a prosthetic or other device that could be used to interfere with the collection
process.
m. Admit to the collector or MRO that you adulterated or substituted the specimen.
As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you
have refused to take a drug test.
4) An alcohol test result of ≥0.02 to ≤ 0.039 BAC shall result in the removal of the employee from duty for eight
hours or the remainder or the work day whichever is longer. The employee will not be allowed to return to
safety‐sensitive duty for his/her next shift until he/she submits to an alcohol test with a result of less than 0.02
BAC. If the employee has an alcohol test result of ≥ 0.02 to ≤ 0.039 two or more times within a six month
period, the employee will be removed from duty and referred for assessment and treatment consistent with
Section Q of this policy.
5) In the instance of a self‐referral or a management referral, disciplinary action against the employee shall
include:
a. Mandatory referral for an assessment by an employer approved counseling professional for
assessment, formulation of a treatment plan, and execution of a return to work agreement;
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b. Failure to execute, or remain compliant with the return‐to‐work agreement shall result in termination
from Person Area Transportation System employment.
i. Compliance with the return‐to‐work agreement means that the employee has submitted to a
drug/alcohol test immediately prior to returning to work; the result of that test is negative; the
employee is cooperating with his/her recommended treatment program; and, the employee has
agreed to periodic unannounced follow‐up testing as defined in Section P of this policy.
c. Refusal to submit to a periodic unannounced follow‐up drug/alcohol test shall be considered a direct
act of insubordination and shall result in termination. All tests conducted as part of the return to work
agreement will be conducted under company authority and will be performed using non‐DOT testing
forms.
d. A self‐referral or management referral that was not precipitated by a positive test result does not
constitute a violation of the Federal regulations and will not be considered as a positive test result in
relation to the progressive discipline defined in Section Q of this policy.
e. Periodic unannounced follow‐up drug/alcohol test conducted as a result of a self‐referral or
management referral which results in a verified positive shall be considered a positive test result in
relation to the progressive discipline defined in Section Q of this policy.
f. A Voluntary Referral does not shield an employee from disciplinary action or guarantee employment
with Person Area Transportation System.
g. A Voluntary Referral does not shield an employee from the requirement to comply with drug and
alcohol testing.
6) Failure of an employee to report within five days a criminal drug statute conviction for a violation occurring in
the workplace shall result in termination.
R. Vendor Oversight
1) The DAPM will be responsible for conducting an annual on‐site visit to complete a mock collection. The DAPM
will be responsible for completing the Collection Site Checklist form.
2) The DAPM will also be responsible for reviewing CCF form for each testing event that occurs. Errors that are
found will require the test to be cancelled or an affidavit of correction be completed.
S. Grievance and Appeal
The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test refusal is not subject to
arbitration.
T. Proper Application of the Policy
Person Area Transportation System is dedicated to assuring fair and equitable application of this substance
abuse policy. Therefore, supervisors are required to use and apply all aspects of this policy in an unbiased and
impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who
is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to
and including termination.
U. Information Disclosure
1) Drug/alcohol testing records shall be maintained by the Person Area Transportation System Drug and Alcohol
Program Manager and, except as provided below or by law, the results of any drug/alcohol test shall not be
disclosed without express written consent of the tested employee.
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2) The employee, upon written request, is entitled to obtain copies of any records pertaining to their use of
prohibited drugs or misuse of alcohol including any drug or alcohol testing records. Covered employees have
the right to gain access to any pertinent records such as equipment calibration records, and records of
laboratory certifications. Employees may not have access to SAP referrals and follow‐up testing plans.
3) Records of a verified positive drug/alcohol test result shall be released to the Drug and Alcohol Program
Manager, and other transit system management personnel on a need to know basis.
4) Records will be released to a subsequent employer only upon receipt of a written request from the employee.
5) Records of an employee's drug/alcohol tests shall be released to the adjudicator in a grievance, lawsuit, or
other proceeding initiated by or on behalf of the tested individual arising from the results of the drug/alcohol
test. The records will be released to the decision maker in the preceding.
6) Records will be released to the National Transportation Safety Board during an accident investigation.
7) Information will be released in a criminal or civil action resulting from an employee’s performance of safety‐
sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test information
is relevant to the case and issues an order to the employer to release the information. The employer will release
the information to the decision maker in the proceeding with a binding stipulation that it will only be released to
parties of the proceeding.
8) Records will be released to the DOT or any DOT agency with regulatory authority over the employer or any of
its employees.
9) Records will be released if requested by a Federal, state or local safety agency with regulatory authority over
Person Area Transportation System or the employee.
10) If a party seeks a court order to release a specimen or part of a specimen contrary to any provision of Part 40
as amended, necessary legal steps to contest the issuance of the order will be taken
11) In cases of a contractor or sub‐recipient of a state department of transportation, records will be released
when requested by such agencies that must certify compliance with the regulation to the FTA.
This policy is hereby adopted by the Person County Board of Commissioners on the 23rd day of March, 2020.
____________________________________________
B. Ray Jeffers, Chairman
Person County Board of Commissioners
Attest:
____________________________________________
Brenda B. Reaves, Clerk to the Board
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Attachment A
Job Title Job Duties Testing Authority
Transit Specialist Operates Transit Vehicles FTA/PATS
Clerk/Dispatcher Controls Movement of Vehicles FTA/PATS
Sr. Admin Assistant Maintenance/Vehicle Records FTA/PATS
Controls Movement of Vehicles at times
Director Operates Transit Vehicles FTA/PATS
Controls Movement of Vehicles at times
Maintenance/Vehicle Records
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Attachment B
Contacts
Any questions regarding this policy or any other aspect of the substance abuse policy should be directed to the following
individual(s).
Person Area Transportation System Drug and Alcohol Program Manager
Name: Kurt Neufang
Title: Public Transportation Director
Address: 303 South Morgan Roxboro NC 27573
Telephone Number: (336) 597‐1771
Medical Review Officer
Name: Patricia A. Shevlin MD
Title: Medical Review Officer
Address: Safe‐T‐Works, Inc. 1029 Sunset Ave Asheboro NC 27203
Telephone Number: (336) 736‐8038 Fax: (336) 736‐8042
Substance Abuse Professional
Name: Gene P. Smith
Title: CEO of Life Changes EAP
Address: 1045 Main St, Ste.3 Danville VA 24541
Telephone Number: (434) 822‐6600
HHS Certified Laboratory Primary Specimen
Name: Abbott Laboratories
Address: 100 Abbott Park Rd Abbott Park, IL 60064
Telephone Number: (224) 667‐6100
*Previously used Alere Toxicology Services was recently purchase by this company
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AGENDA ABSTRACT
Meeting Date: March 23, 2020
Agenda Title: Broadband Project Update
Summary of Information: In March of 2017, Person County entered into an agreement with NC
Wireless to provide broadband to unserved areas of the county. Since then, they have installed
equipment on towers located at Mt. Tirzah and Woodland. On March 12, 2020, Person County
received a request for a “no-cost increase” 12-month extension to the Broadband Project. The
fiber IRU which we recently granted RiverStreet Networks will greatly improve the backhaul
capability at each of the tower sites. Representatives from NC Wireless/RiverStreet Networks will
provide more detailed information during their presentation.
Recommended Action: None needed. Informational only.
Submitted By: Chris Puryear, IT Director
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AGENDA ABSTRACT
Meeting date:
March 23, 2020
Consent Agenda Title:
Resolution and Agreement for Banking Services with BB&T
Summary of Information:
The Finance Department was notified on February 12, 2020 that our local
SunTrust Bank branch, the current depository for the County’s banking services,
will be sold to First Horizon National Corporation in June 2020 prior to the
merger of SunTrust Bank with BB&T, now to be renamed Truist Financial
Corporation. Unfortunately, the sale of the local branch occurs well before the
formal merger of SunTrust and BB&T is scheduled to take place, now estimated
to happen in the next 18-24 months.
Although our accounts could technically remain with SunTrust, the local branch
will no longer be available to serve the County’s banking needs, causing a major
disruption of services such as the ability to make deposits, cash checks, etc. At the
time we were notified of this change, BB&T and SunTrust representatives hoped
to provide us with some options that would bridge our needs until the merger
could be finalized some time in 2021. On March 10th, the County was given a
proposal to enter into a banking services contract with BB&T to establish
accounts at their branch with the same services, rates, and agreement terms as we
had with SunTrust. If the merger between SunTrust and BB&T was finalized
before the divestment process occurred between SunTrust and First Horizon, our
accounts would have transferred automatically to BB&T without having to
establish new accounts. The expedient divestment process and late notification to
the County presents a critical situation that causes the need to enter into a contract
with BB&T, prior to its formally merged status with SunTrust, and go through the
comprehensive tasks associated with the creation of and transfer to new bank
accounts.
Typically after the contract is signed, the transition process of switching banks
from the time the contract is signed can take up to 3 months. The short notice
from BB&T and SunTrust only allows about a 2 month timeline for working with
BB&T and the County’s accounting software provider to change the information
in the accounts payable and payroll systems, as well as notifying employees and
departments of the change and the impacts to their processes. This tight schedule
is why we are making a sudden request for the approval of the contract with
BB&T, in hopes that we allow as much time as possible to transition our accounts
and provide the least disruption to the County’s financial processes.
Recommended Action:
Approve the “BB&T Resolution and Agreement for Deposit Account” with
BB&T as our new depository under the terms provided.
Submitted By:
Amy Wehrenberg, Finance Director
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AGENDA ABSTRACT
Meeting Date: March 23, 2020
Agenda Title: Update on Person County participation in the national opioid litigation
Summary of Information:
This memo will attempt to chronicle the opioid crisis, national litigation against manufacturers.
distributors and national chain retail outlets and Person County's participation in that lawsuit. It
is organized in a modified outline form in order to provide a large amount of information in a
relatively small amount of space.
1-The Opioid Crisis
In the early 1990's drug manufacturers assured the medical community that prescriptions opioids
were safe as a pain control medication. An example of that assurance was the edited misuse of a
research article published in the highly respected New England Journal of Medicine. That study
had concluded that there was no danger of addiction when opioids were used as a pain control
measure "in a controlled institutional setting with elderly patients". Manufacturers and
distributors then began marketing the opioids to the medical community partially by citing the
article but omitting the limitation in the study. A result was the overprescribing of opioids.
Then came addiction, drug prescription mills, criminal involvement and a national crisis.
Federal law required and still requires that opioids be delivered to retailers not by the
manufactures but by independent distribution companies. That law also required those
distributors to monitor purchases by retailers and to report overuse to federal authorities. That
reporting was marked more by non- compliance that compliance. A result was the development
of opioid 'mills' by some doctors and retailers. There were reports of drug stores in some small
towns with a population of 100's filling a hundred thousand or more prescriptions a year. Few
distributors reported those abuses to federal authorities, but instead just kept selling the drugs to
those entities.
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2- National Lawsuits against manufacturers, distributors and some retailers
As the impact of the opioid crisis became more and more evident counties, cities and states
became alarmed. Impact was seen in mental health, health, social services, law enforcement, jails
and other public agencies. As early as 2016 some entities began development of litigation against
the manufacturers, distributors and retail outlets. By 2017 multiple-plaintiff lawsuits were under
development by some national litigation law firms. These were not class action lawsuits, but
instead multiple individual lawsuits joined together in prosecution. Some state Attorney General
offices (including North Carolina) also begin developing interest in bringing legal action against
those manufacturers, distributors and retailers.
3-Person County's involvement in the "national lawsuits"
In early 2018, local governments around the country, including Person County begin to receive
inquiries from law firms about joining in the Opioid lawsuits. In order to aid Counties in making
their decision, the NC Association of County Commissioners convened a meeting of County
attorneys with representative of several national law firms and the NC Attorney General.
At its second meeting in January 2018 The Person County Board of County Commissioners
elected to engage a national consortium of law firms coordinated through the Daniels/Thomas
law firm of Caswell County to file legal actions on behalf of the County. The County negotiated
a contract with the law firms under which the County would have no liability for any fees or
costs.
The County attorney then coordinated fact gathering from County Departments to begin to
quantify the extent of damages in Person County. The Person County Lawsuit was then filed and
joined others from across the country. The firms representing the County now represent over 700
entities including 75 NC Counties.
4-Status of Lawsuits
There have been several trials involving individual counties and states resulting in substantial
recoveries. A major manufacturer, Purdue Drugs and the principle owners of that company, the
Sackler family and a few other more minor defendants are seeking bankruptcy protection. Our
national law firms are positioning us to have recoveries in the bankruptcies. All of this activity
moves us toward a "global settlement" for all the plaintiffs. Settlement discussions involve
multiple billions of dollars.
The law firms have worked with the Federal Judge in Ohio who is supervising the litigation from
all federal judicial districts including our Middle District of NC to develop an equitable
allocation system to all litigants in the event of a “global settlement”. As a very rough measure
for each one billion dollar recovery, Person County would receive $100,000. Most of the
recoveries would be directed to be used for prevention, treatment and rehabilitation.
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5-Conflict and Cooperation between NC Counties and NC Attorney General
From the inception of the lawsuits, Counties have been concerned that any recoveries not be
handled like the tobacco law suits with the state having control of the money. Our argument
is that it is at the local level that impacts have been felt and it is that level which should have
control of any moneys received. The state attorneys General have also filed lawsuits. The NC
attorney general has been one of the leaders for the nation’s attorneys general.
Conflict has arisen between AGs and our national law firms concerning the proper amount of
any “global settlement” and distribution of any settlement between the states and the counties.
The NC Association of County Commissioners (NCACC) called a meeting on January 21 for
counties involved in the litigation, the national law firms and the NC Attorney General to begin
discussion of this issue. Subsequently, another meeting was held in connection with both the
County/City managers and County Attorneys winter conferences in February where the issue
was further discussed.
As a result of those discussions the NCACC established a working group composed of County
Commissioners, County Managers and County Attorneys to further develop the collective
County position and negotiate with the NC Attorney General.
As Person County attorney I have been appointed as one of the County Attorneys on that group.
The manager and I will keep the Board of Commissioners informed as the negotiations continue
and the lawsuits continue their process.
Recommended Action:
Submitted By: C. Ronald Aycock, County Attorney
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AGENDA ABSTRACT
Meeting Date: March 23, 2020
Agenda Title: Appointments to Boards and Committees
Summary of Information:
Attached are interested citizen applications for current vacancies received to date.
Current vacancies are posted on the County website and shared on Facebook. An ad was published
in the local newspaper on March 18th requesting applications by April 7th. The Board of
Commissioners and committee liaisons are encouraged to recruit citizens to fill the current vacancies
for those that no applications were received.
-Adult Care Home Community Advisory Committee
1-Year Initial Term; 3-Year Reappointment: 1 position available
This committee inspects each Adult Care Home in Person County to assure that the quality
of care meets required standards and that the home maintains the Adult Home Resident’s
Bill of Rights; meets the second Tuesday of the second month of each quarter at 11:00am.
- Board of Adjustment
3-Year Term: 1 positon for an alternate
Functions in judicial-like hearing and review of special zoning permit requests,
special variance requests and appeals to interpretations of zoning administrator; meets the
first Wednesday of each month at 7:00pm as needed.
-Economic Development Commission
Term: Immediate to 6/30/22; 1 position available for a citizen
Duties: Promotes economic and industrial development by formulating and implementing
such projects as are necessary for industrial retentions, expansions, and new plant locations.
Economic Development Commission meets on the 4th Tuesday of the month at 4:00pm.
-Environmental Issues Advisory Committee
3-Year Term: 1 position for a citizen residing in each of the following townships:
Bushy Fork, Holloway, and Mt. Tirzah
Advises the Board of County Commissioners on the environmental needs in the county’s
townships; meets the first Thursday of every other month at the Person County Senior Center
at 5:30pm.
- Industrial Facilities and Pollution Control Financing Authority
6-Year Term: 6 positions available
Approves issuance of industrial and pollution control financing bonds for private Industry;
meets on an as-needed basis.
1)Tammie Kirkland requests appointment
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- Juvenile Crime Prevention Council
1-Year Initial Term: 2-Year Reappointment
1 position available for a citizen under the age of 18 serving on the State Youth Council,
1 position available for a citizen under the age of 18,
1 position designated for the Chief District Court Judge or desigee,
1) Judge John Hoyte Stultz requests reappointment
1 position for the Local Health Director or designee for an unexpired term to 6/30/21,
1) Chiletta Collins requests appointment
Up to 5 positions for citizens at-large and 1 for an unexpired term to 6/30/21,
1) Louise Wright-Oliver requests reappointment
Annually reviews the needs of juveniles in the county who are at risk of delinquency or who
have been adjudicated, undisciplined, or delinquent and the resources available to address
those needs; meets the second Wednesday of each month at 1:00pm.
- Kerr Tar Regional Council of Government Board
2 citizen-at-large alternate positions representing the private sector business or the retired
community for an unspecified term.
Promotes regionalism that provides opportunities for local governments to enhance and
improve the quality of life for citizens through the effective delivery of services and
programs; The COG board meets on the fourth Thursday each month at 6:30pm (dinner
meeting) in Henderson, NC; members of the Executive Board meeting as needed on the first
Tuesday of each month in Henderson, NC.
- Nursing Home Advisory Committee
1-Year Initial Term: 3-Year Reappointment; 3 positions available
Inspects each nursing home in Person County to assure that the quality of care meets
required standards and that the home maintains the Nursing Home Resident’s Bill of Rights;
this regional committee meets the fourth Thursday of the second month of each quarter
(February, May and August and November) at 9:00am via conference call that is initiated
from the Regional Ombudsman’s office.
- Recreation Advisory Board
Term: Unexpired term to 6/30/21 for a citizen
1) Joey Thomas Whitt requests appointment,
2) Brittani Lea requests appointment,
3) Kirk Redman requests appointment
Serves as advisory board on issues relative to recreation, arts and parks in Person County;
meets the first Wednesday of the month at 5:30pm.
- Transportation Advisory Board
3-Year Term; 1 position for a citizen at-large
Unexpired term to 6/30/21 representing economic development
1) Sherry Wilborn requests appointment
Provide advice for budgeting goals for current and upcoming year, financing (customer rates,
financial goals for PATS) and provide guidance in governing policies (rules and regulations)
of Person Area Transportation System; meets quarterly on the first Wednesday at 4:00pm.
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- Workforce Development Board
1-Year Initial Term; 2-Year Reappointment
1 position available for a member or an officer of organized labor,
2 positions available for private industry (human resources related) representatives, and
1 position available for a small business representative
Develops Job Training Plan; provides oversight, monitors and evaluates job-training
programs; awards contracts; develops policies and procedures; meets on the first Tuesday of
the third month of each Quarter at 6:00pm.
Recommended Action: Board nomination for appointment as deemed appropriate.
Submitted By: Brenda B. Reaves, Clerk to the Board
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